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Agenda 01/14/2003 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CLERK TO BOARD 4'r~t FLOOR FP: 3 IND: I CV:0 AGENDA January 14, 2003 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1 January 14, 2003 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Vincent Liddle, Church of the Resurrection 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. Parte Disclosure provided by Commission members for summary agenda.) o Co (Ex E. F. G. December 2, 2002 - BCC/Land Development Code Comprehensive Rewrite Workshop December 3, 2002 - Regular December 10, 2002 - BCC/Tourist Development Council Workshop December 11, 2002 - BCC/Land Development Code December 17, 2002 - Regular December 20, 2002 - BCC/AUIR Workshop SERVICE AWARDS PROCLAMATIONS A. Proclamation to recognize January 15-19, 2003 as Purple Martin Week. B. Proclamation to designate the week of January 12-18, 2003 as "Old Marco Days". To be accepted by Kris Helland, President of the Marco Island Historical Society. C. Proclamation to observe January 20, 2003 as Martin Luther King, Jr. Day. To be accepted by LaVerne Franklin and Irene Williams. D. SELECTION OF CHAIRMAN AND VICE-CHAIRMAN FOR 2003. PRESENTATIONS A. Presentation by Waste Management, Inc. of Florida of the Solid Waste Association of North America Award. PUBLIC PETITIONS A. Public Petition Request by Mr. Jim Kramer to discuss Independent Airport Authority and Independent Fire Districts. 7. BOARD OF ZONING APPEALS 2 January 14, .2003 A. This item has been continued from the December 17, 2002 BCC Meetin.q. This item requires that ali participants be sworn in and ex parte disclosure bo provided by Commission members. CU-02-AR-2476, Timothy Maloney requesting Conditionz~thUSe "7" of the "E" Estates District for Earthmining on property located on Street NE, Golden Gate Estates, Unit 45, Tract 119, Section 4, Township 48 South, Range 28 East, consisting of 6 acres. B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2002-AR-2446, Anne D'Agostino, representing Mayfield Road Inc., DBA Perkins Restaurant, requesting an after- the-fact 23-foot variance for the height of a flagpole from the required 50 feet to 73 feet for property located at 3585 Gateway Lane, further described as Naples Gateway, Phase I, Lot 3, in Section 7, Township 49 South, Range 26 East, Collier County, Florida. C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2002-AR-3332, Vincent A. Cautero, AICP of Coastal Engineering Consultants, Inc., representing Henry Westforth of Westforth Contracting, Inc., requesting approval of a 1.5-foot variance in the Pelican Bay PUD from the required 10-foot side yard setback to 8.5-feet, in order to construct a second story addition to the existing single-family dwelling on property located at 6962 Greentree Drive, Pelican Bay Unit 13, Lot 14, Section 4, Township 49 South, Range 25 East, Collier County, Florida. ADVERTISED PUBLIC HEARINGS A. This item has been continued from the December 17, 2002 BCC Meetin.q. This item requires that all participants be sworn in and ex parte disclosure bo provided by Commission members. Petition PUDA-2002-AR-2702, D. Wayn~ Arnold of Q. Grady Minor, P.A., representing Westbury Properties Inc., requesting a rezone from "PUD" to "PUD" Planned Unit Development for the purpose of amending the Lands End Preserve PUD by reducing the total number of dwelling units from 786 units to a maximum of 725 units, adding approximately 6.5 acres of preserve area, adding a 3.3 acre neighborhood village center facility, and increasing the maximum height limit of the multi- family dwelling units to a maximum of 75 feet over one level of parking for property located on the West side of Barefoot Williams Road and North of the Rookery Bay Aquatic Preserve in Sections 4 and 5, Township 51 South, Range 26 East, Collier County, Florida. B. This item has been continued from the December 17, 2002 BCC Meetin.q. This item requires that all participants be sworn in and ex parte disclosure bu Provided by Commission members. Petition PUDZ-01-AR-1749, William L. Hoover of Hoover Planning, representing Mark L. Lindner, Trustee, requesting a rezone from "A" Rural Agricultural and "PUD" Planned Unit Development to "PUD" Planned Unit Development to be known as the Mission Hills PUD allowing for commercial uses for property located at the Northwest Quadrant of the intersection of Collier Boulevard (CR 951) and Vanderbilt Beach Road (CR 862) in Section 34, Township 48 South, Range 26 East, Collier County, Florida. 3 January 14, 2003 This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2002-AR-2965, Kenneth E. Griffith, of Johnson Engineering, Inc., representing Habitat for Humanity of Collier County Inc., as partial owner and contract purchaser, requesting: 1) Rezoning from "A" Agricultural (8+ acres) and from Habitat Place Planned Unit Development (PUD) (20+ acres) zoning districts to Charlee Estates PUD to allow a 124 lot, single-family subdivision that will be designed to accommodate very Iow income housing units; and 2) Consideration and approval of an Affordable Housing Density Bonus Agreement authorizing the developer to utilize affordable housing bonus density units (in the amount of 39 units at 1.37 bonus density units per acre) in the development of the single- family residential dwelling units for Iow-income residents. The subject property is located on the Southwest side of Tamiami Trail East, approximately 3+ miles East of Collier Boulevard (CR 951), in Section 12, Township 51 South, Range 26 East, Collier County, Florida, consisting of 28.462+ acres. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Community Character/Smart Growth Advisory Committee. B. Appointment of members to the Black Affairs Advisory Board. C. Appointment of members to the Citizens Advisory Task Force. D. Appointment of member to the Hispanic Affairs Advisory Board. E. Appointment of member to the Golden Gate Estates Master Plan Ad Hoc Advisory Committee. F. Appointment of member to the Collier School Readiness Coalition. G. Appointment of member to the Collier County Citizens Corps. H. Appointment of members to the Isle of Capri Fire Control District Advisory Committee. I. Appointment of members to the Parks and Recreation Advisory Committee. J. Discussion regarding several issues relating to Land Development Code. (Commissioner Halas) K. Reconsideration of items 8(C) and 8(D) from the December 17, 2002 BCC meeting regarding the Pelican Marsh PUD, Petitions number DOA-2002-AR- 2567 and PUDA-2002-AR-2566 also known as "The Plaza at Galleria". (Commissioner Henning.) 4 January 14,2003 L. Requesting direction to the Productivity Committee to work with the assistance of the County Manager's Office to do performance audits on County departments. (Commissioner Henning.) M. Discussion regarding Audit Report 2002-3 regarding the financial relationship between Collier County and Kraft Construction. (Commissioner Henning.) N. Resolution transmitting comment to U.S. Fish and Wildlife Service on proposed Rule, RIN 10-18-AH86 relating to the Marine Mammal Protection Act and Manatees in the State of Florida; expressing concerns on how the rule may adversely impact Collier County; providing for an effective date. (Commissioner Coyle) 10. COUNTY MANAGER'S REPORT A. Adopt a Resolution authorizing the condemnation of fee simple title interests and/or those perpetual or temporary easement interests required for the construction of a six-lane section of Golden Gate Parkway between Livingston Road and Santa Barbara Boulevard (Capital Improvement Element No. 74, Project No. 60027). Estimated Fiscal Impact: $4,179,000. (Norman Feder, Administrator, Transportation Services) B. THIS ITEM TO BE HEARD AT 10:00 A.M. Authorize the use of $164,000 from the Human Services Department to be considered part of a local match requirement to obtain State and Federal funding to operate a primary care clinic in the Golden Gate area. (John Dunnuck, Administrator, Public Services) C. THIS ITEM TO BE HEARD AT 3:00 P.M. Review the Collier County Airport Authority Ordinance and provide Staff direction. (Jim Mudd, County Manager) This item has been deleted. Authorize the County Attorney's Office to prepare and advertise an amendment to the Livingston Road Beautification Phase II MSTU Ordinance to exclude Grey Oaks Properties and to delete Grey Oaks representation on the MSTU Advisory Committee. (Mike Smykowski, OMB Director) Adopt a resolution authorizing condemnation of fee simple title interests and/or those perpetual or temporary easement interests for the construction of a six-lane section of Vanderbilt Beach Road between Airport Road and Collier Boulevard (CR-951), (Capital Improvement Element Nos. 24 & 63, Project No. 63051). Estimated Fiscal Impact: $5,765,600. (Norman Feder, Administrator, Transportation Services) Petition CARNY-2002-AR-3521, Hans Hamann, Carnival Chairman of the Immokalee Rotary Club, requesting a permit to conduct a carnival on January 16 through January 19, 2003, on County owned property at the Immokalee 5 January 14, 2003 Regional Airport located at 165 Airport Boulevard, Immokalee, Florida. (Joe Schmitt, CD&ES Administrator) 11. 12. PUBLIC COMMENTS ON GENERAL TOPICS COUNTY ATTORNEY'S REPORT A. This item has been continued from the December 17, 2002 BCC Meeting. Recommendation that the Board of County Commissioners approve the Mediated Settlement Agreement and the Stipulated Final Judgment incorporating the same terms and conditions as the Mediated Settlement Agreement relative to the acquisition on Parcel Nos. 114, 115 and 116 in the Lawsuit entitled Collier County v. Centex Homes, a Nevada General Partnership et al, Case No. 02-1602-CA, (Goodlette-Frank Road Project #6O134). B. Recommendation that the Board approve a settlement agreement in the case of Karen Lee v. Domestic Animal Services, Case No. 02-649-CC, and authorize the Chairman to sign all necessary settlement documents. C. This item to be heard at 12:00 Noon. Recommendation that the Board of County Commissioners and the County's Labor Negotiating Committee hold Strategy Session for Collective Bargaining with the Southwest Florida Professional Firefighters and Paramedics, IAFF LOCAL 1826, in the Shade pursuant to Section 447.605(1), Fla. Stat. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Discussion regarding Human Relations Ordinance. (Commissioner Halas.) 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) 2) This item has been deleted. Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Riverchase Commons". 6 January 14, 2003 3) Request to approve for recording the final plat of "Saturnia Lakes Plat Three" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 4) Request to approve for recording the Final Plat of "Golden Gate Fire Station #72". 5) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2001-016 styled Board of County Commissioners Collier County, Florida vs. Victor A. Hansen regarding violation of Ordinance 91-102 as amended of Sections 2.7.6.1,2.7.6.5 and 2.6.11.2.2 of the Collier County Land Development Code. 6) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2002-016 styled Board of County Commissioners Collier County, Florida vs. Kathleen Sadlacek regarding violation of Ordinance No. 91-102 as amended of Section 3.9.6.9.4 (1, 2 & 3) of Ordinance No. 91-102 of the Collier County Land Development Code. 7) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2002-017 styled Board of County Commissioners Collier County, Florida vs. Jeffrey A. Dorini regarding violation of Sections 2.7.6.1 and 2.7.6.5 of Ordinance No. 91-102, as amended of the Collier County Land Development Code. 8) Code Enforcement Lien Resolution approvals. 9) Approval of a request to the Department of Community Affairs (DCA) to extend the County's Grant Agreement for a Florida Small Cities and Counties Community Development Block Grant that provided for a portion of the construction of the Manufacturing Incubator Facility II at the Immokalee Regional Airport Industrial Park. 10) Approval of the Mortgage and Promissory Note for a one hundred thirty- eight thousand ($138,000) dollar loan from the State Housing Initiatives Partnership (S.H.I.P.) Program to the St. Matthews House of Collier County, Inc. 11) Petition CARNY-2002-AR-3492, Lou Hoegsted, President, Collier County Fair and Exposition, Inc., requesting a permit to conduct a fair from January 31 through February 9, 2003, at the Collier County Fair Grounds on Immokalee Road (CR 846) North Golden Gate Estates. (Joe Schmitt, CD&ES Administrator.) 12) Approval of one (1) impact fee refund request totaling $3,970.00, as a rebuild from a house fire. 13) Amendment of the FY-03 budget in the amount'of $117,000 to accomplish the planned activities for the Conservation Collier Land Acquisition Program. 7 January 14, 2003 14) Consideration of a resolution supporting a petition to amend the boundaries and name of the Fiddler's Creek Community Development District, pursuant to Section 190.046, Florida Statutes. 15) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 1998-213 styled Board of County Commissioners Collier County, Florida vs. EMC Holdings, Inc., regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. 16) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 1998-144 styled Board of County Commissioners Collier County, Florida vs. EMC Holdings, Inc. regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. 17) Approval of the Satisfaction of Lien for Code Enforcement Board Cast No. 2002-191 styled Board of County Commissioners Collier County, Florida vs. EMC Holdings, Inc, regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. 18) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2000100019 styled Board of County Commissioners Collier County, Florida vs. Philip Carlton, Jr. regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. TRANSPORTATION SERVICES 1) Approve Change Order No. 3 with Bonness, Inc., in the amount of $1,390,146.36 for additional construction services to build a bridge at Lakeland Avenue over the Cocohatchee Canal, Project No. 65041. 2) Approve the piggybacking of a Pasco County Bid to purchase a single drum vibratory roller in the amount of $68,553.00 for the Road Maintenance Department. 3) Adopt a Resolution requesting that the Florida Department of Transportation transfer surplus property located on US-41 to Collier County via Quitclaim Deed. Fiscal Impact: $15.00. 4) Approve a Declaration setting aside County-Owned Lands for Immokalee Road Right-of-Way and for Stormwater Retention and Treatment, West side of the Fairgrounds. Fiscal Impact: $28.50. 5) Award Bid #02-3412 for traffic sign materials to Osburn Associates, Inc., and Municipal Supply and Sign Company in the estimated amount of $100,000. 6) Award category grouping sections of Bid No. 02-3394 "Traffic Operations Components" to Control Specialists Company, Traffic Parts, Inc., Temple, Inc., Traffic Products, Inc., and Transportation Control Systems, Inc., in the estimated amount of $147,000. 8 January 14, 2003 7) 8) 9) 10) 11) 12) Approve budget amendments to carry forward funds to reopen a purchase order in FY-03 that was closed by mistake in FY-02 in the amount of $41,062.54. Approval of a budget amendment in the amount of $2,317 to add reimbursable expenses to the McGee and Associates contract for US 41 North Phase II and Davis Boulevard landscaping renovation phase I1. Request the Board to approve purchase of professional services and a noise barrier system for $97,904 from Noise Control Technologies. The project is located along the west side of the maintenance equipment yard and the onsite generator at 4800 Davis Boulevard. Approval a Change Order and a budget amendment to the Immokalee Triangle Beautification Project #66071 in the amount of $34,514.35 for the removal of existing asphalt and the extension of directional borings. Award of Bid #02-3430 milling of existing asphalt roadways. Approve supplemental agreement No. 1 for $142,337 for the construction engineering and inspections services by HDR Construction Control Corporation to add inspection services for the construction of the Lakeland Avenue Bridge, Project No. 65041. C. PUBLIC UTILITIES 1) Approve surplus declaration for two beach rakes and approve the sale of one of the two beach rakes to the manufacturer's representative in the amount of $5,000. 2) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are Satisfied in Full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $18.00 to record the Liens. 3) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are Satisfied in Full for the 1993 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $18.00 to record the Liens. 4) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are Satisfied in Full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $30.00 to record the Liens. 5) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are Satisfied in Full for the 1995 Solid Waste Collection and Disposal 9 January 14, 2003 Services Special Assessments. Fiscal Impact is $46.50 to record the Liens. 6) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are Satisfied in Full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $40.50 to record the Liens. 7) Agreement to reimburse the Property Appraiser and Tax Collector for services rendered for the Price Street-Barefoot Williams Road Water Municipal Service Benefit Unit. 8) Authorization to execute and record Satisfactions for certain Water and/or Sewer Impact Fee Payment Agreements. Fiscal Impact is $88.50 to record the Satisfactions. 9) Approve a Resolution authorizing the submission of a Loan Application to the Florida Department of Environmental Protection (FDEP) for the North County Water Reclamation Facility (NCWRF) Expansion to 24.1-Million Gallons Per Day (MGD) Maximum Month Average Daily Flow (MMADF) Liquid Stream; authorizing the Loan Agreement; establishing Pledged Revenues; designating authorized representatives; providing assurance; and providing for conflicts, severability, and effective date, Project 73950, at no cost. 10) Approve Construction Change Order 3, Amendment 3 to an Engineering Inspection Services Work Order, and funds to prepare record drawings related to the East US 41 Water Main and Force Main to Boyne South, in the amount of $43,702. Projects 70862 and 73061. 11) Approve a Budget Amendment to identify the appropriate project number for the Livingston Road Reclaimed Water Main Project and transfer $835,000 from Project 73949 to Project 74048. 12) Approve payment in the amount of $28,838 for repair of damage to East US 41 resulting from a break in to a County Water Main on May 16, 2002, Project 70045. 13) Accept Right-of-Entry documents for the Port-Au-Prince Subdivision Utility Replacement Project at a cost not to exceed $780.00. 14) Approve a budget amendment and contract modification for the emergency dredging of Wiggins Pass, not to exceed a total of $395,000. 15) Reaffirm Staff's prior actions with respect to construction-related activities for capacity improvements at the North County Watr Reclamation Facility, Project 73077. 16) Provide additional information to the Board related to the award of a construction contract to Encore Construction Company, for the North County Water Reclamation Facility (NCWRF) expansion to 24.1 million gallons per day (MGD) maximum month average daily flow (MMADF) 10 January 14, 2003 project 73950, in the base bid amount of $24,861,000. The contract is available for viewing in the County Manager and Board of County Commissioners' offices. D. PUBLIC SERVICES 1) Request to authorize the Chairman to sign a State of Florida Emergency Management Preparedness and Assistance Trust Fund Matching Grant Application. 2) Authorize the Chairman to sign State of Florida EMS Matching Grant Applications. E. ADMINISTRATIVE SERVICES 1) Approval to Award Bid #03-3452 "Purchase and Installation of Advanced Imaging Oversized Tunnel Capacity X-Ray Inspection System" to Heimann Systems Corp., in the amount of $39,203. 2) Approve Amendment No. 1, Phase 2 for Architectural Services for the design of the Courthouse Annex, RFP #00-3173 in the amount of $435,354.00. 3) Approve an Agreement for Sale and Purchase to provide for the purchase of approximately 84 acres of mangroves for mitigation purposes at a cost not to exceed $86,000. (Marco Airport.) 4) Approve Change Order No. three, Work Order BSSW-00-07, in the amount of $24,000 with Barany, Schmitt, Summers, Weaver and Partners, Inc. for design services for construction of North Naples Government Service Center. 5) Authorize conveyance of a utility easement to Florida Power & Light Company for the installation of underground electric facilities to serve the Development Services Building expansion and parking garage project, the cost of which should not exceed $15.00 6) Approve selection committee ranking of firms for contract negotiations for RFP 03-3456 "Engineering Analysis and Rate Testimony for Orangetree Utilities" (estimated dollar amount of contract $65,000 to $75,0900. 7) Approve a Change Order in the amount of $78,406.08 for continuation of Contract #00-3109 "Janitorial Services". F. COUNTY MANAGER G. AIRPORT AUTHORITY 11 January 14, 2003 H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Correspondence to file for record with action as directed. OTHER CONSTITUTIONAL OFFICERS 1) Accept a Child Dependency Grant-in-Aid of $31,386.62 from the State of Florida, Justice Administrative Commission and authorize Chairman to sign the Amendment. K. COUNTY ATTORNEY 1) Authorize the making of ~n Offer of Judgment to Respondents Larry Valenti and Consiglio N. Girurastente, for Parcel No. 183 in the amount of $6,000 in the Lawsuit styled Collier County v. Lazaro Herrera, et al, Case No. 02-2211-CA (Immokalee Road Project #60018). 2) 3) 4) Authorize the making of an Offer of Judgment to Respondents, Lazaro Herrera and Elizabeth Herrera, and Berto Herrera and Lucia Herrera, for Parcel No. 184 in the amount of $6,000 in the Lawsuit styled Collier County v. Lazaro Herrera, et al, Case No. 02-2211-CA (Immokalee Road Project #60018). Authorize the making of an Offer of Judgment to Respondents, Thomas E. Sams and Patricia A. Sams, for Parcel No. 191 in the amount of $14,160 in the Lawsuit styled Collier County v. G JR of Naples, Inc., et al, Case No. 02-2212-CA (Immokalee Road Project #60018). Authorize the making of an offer of judgment to respondent, Richard C. Myers, Trustee, for parcel 123 in the amount of $425,000 in the lawsuit styled COLLIER COUNTY V. ANTHONY F. JANClGAR, AS TRUSTEE, ET AL., Case No. 00-0142-CA. Project No. 60111. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE coLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. SHOULD ANY OF THE FOLLOWING ITEMS BE MOVED TO THE REGULAR AGENDA ALL PARTICIPANTS MUST BE SWORN IN. A. THIS ITEM IS CONTINUED TO THE JANUARY 28, 2003 BCC MEETING. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition AVPLAT2002-AR2704 to disclaim, renounce and vacate the County's and the Public's interest in all of 12 January 14, 2003 the platted conservation easement located on Lot 73, according to the plat of "Southport on the Bay Unit One" as recorded in Plat Book 15, Pages 51 through 53, Public Records of Collier County, Florida, and to accept a relocation conservation easement over a portion of said Lot 73, located in Section 6, Township 48 South, Range 25 East. B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2002-AR-3198, Beau Keene, PE, o, Keene Engineering, representing ]~C Builders Inc., requesting approval of a 17.9 foot variance in the "E" Estates Zoning District from the required 75-foot front yard setback to 57.1-feet in order to construct a single-family dwelling on property located at 4045 33rd Avenue NE, further described as Tract 31, Golden Gate Estates, Replat 67A Unit 67A, Collier County, Florida. C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA.2002-AR-2389, Linda B. Berthelse~, and Stuart S. McDaniel, requesting variances in the RSF-3 Zoning District from the required 30 foot front yard setback pursuant to LDC Sections 2.2.4.4.4. and 2.6.2. to allow: 1) An after-the-fact 5-foot variance, to 25 feet, for the existing house; and 2) A 5-foot variance, to 25 feet, for a proposed pool and screen enclosure, on property located at 571 Piper Boulevard, further described as Lot 65, Palm River Estates, Unit 1, Plat Book 3, Page 90 as recorded in Collier County Public Records, Collier County, Florida, in Section 23, Township 48 South, Range 25 East. D. Adopt an amendment to Ordinance 99-85 (codified as s. 126-2, Collier County Code of Laws and Ordinances) implementing the recently enacted provisions of s. 196.075, Fla. Stat. (Additional Homestead Exemption for Person 65 and older.) 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 13 January 14, 2003 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING January 14, 2003 ADD ITEM 10(H): Enter Into a donation agreement and accept a perpetual, non- exclusive easement for the construction of a sidewalk along the south side of Pelican Street in Isle of Capri. (Staff request.) ITEM 16(A)12 Continued to the January 28, 2003 BCC Meeting: Approval of one (1) impact fee refund request totaling $3,970 as to rebuild from a house fire. (Staff request.) ITEM 16(B)1 Continued to January 28, 2003 BCC Meetin.q: Approve Change Order No. 3 with Bonness, Inc., in the amount of $1,390,146.36 for additional construction services to build a bridge at Lakeland Avenue over the Cocohatchee Canal, Project No. 65041. (Staff request.) ITEM 16(B)12 Continued to January 28, 2003 BCC Meetin.q: Approve supplemental agreement No. 1 for $142,337 for the construction engineering and inspections services by HDR Construction Control Corporation to add inspection services for the construction of the Lakeland Avenue Bridge, Project No. 65041. (Staff request.) WITHDRAW ITEM 16(B)9: Request the Board to approve purchase of professional services and a noise barrier system for $97,904 from Noise Control Technologies. The project is located along the west side of the maintenance equipment yard and the onsite generator at 4800 Davis Boulevard. (Staff request.) AGENDA NOTES: Item 16-A-14: The resolution was not included in the backup material. However, all Commissioners were provided copies of the resolution, which is now being considered as part of Consent Agenda Item #16(A)14. The resolution was included in the agenda package available for public review. As such, it is appropriate to leave this item on the Consent Agenda. Item 16(C)1: This item should read: Approve surplus declaration for two beach rakes and approve the sale of one of the two beach rakes to the manufacturer's representative in the amount of $4,999 (rather than $5,000). ITEM 17(A): This item is being recommended to be continued to the January 28, 2003 BCC meeting. TIME CERTAIN ITEMS: Item 10B to be heard at 10:00 a.m. Item 10C to be heard at 3:00 p.m. Item 12C to be heard at 12:00 Noon WHEREAS, in = very share tim~, tb~usand~ of ~ur very be=utiful f~=th¢rod friends, th~ Purpl~ ~=rlfns, will r~turn frem thei~ winter hom= in ~razil; an~, tl~ Fl~id= L~'~l=ltr~ h= d~i~t~d ~lli~ ~=ly the PURPLE ~fARTZN ~RPXTAL OF F£ORXDA; and. the Purple ~lartin Society of ~ollitr ~oonty i~ ~t~iro~ of unjintj the public to erect pn~tr h=/mj for t~t~ very ~l~ble wi~# ~005, the Pu~le ~ffa~tin NOW of Purple for these to protect and DONE AND ORDERED DI, I~t-17' E 8RO~K. cLERIC AGE NO,a~, ITEM no.L¥ ,lAN 20 2 PRO~'q. AMATZON WHEREAS, the Ma~co Zslm~l Historical Society is hosting "Old Ma~co bays", a community event assisted by banks, businesses, civic organizations, and the Chamber of Comme~ce; and, WHEREAS, beginning ~unday, ~anuar~ 12th the community gotham to celebrate "Old Marco Days", the creation of Collier County 80 ye~s age and ~e-c~eating historical pioneers, the bold and vigorous people who g~ve Florida its futtme; and, WHEREAS, Ma~co Zsland is the site of ~mely significant historic° m-cheological and anthropological discoveries and a distinctive Pe~t of Florida's early and modern history, and the p~ospective site of the fourth branch of the Collier County Museum; WHEREAS, Zsland time, ene~jy, and expertise in prom and alive for a new generation; and, WHEREAS, ~itment to protecting and he~i~'~ ~.~e" ~ future with NOW THERE~;~~ it PmClai~.b~;J~:the'~oaed of Co~:~missio~rs of bONE AND ~OLL~ ~O~llq'~, ELO~XDA DHxZ~/~7' E. BRO~', C~E~' JAN 1 2003 P~OCLA~A TXON the Congre~ of the L/n/ted Sta~ of America ha~ designated the birthday of The Reverend Dr. Afar~'n Luther Kin~, Jr. a~ a Natianal Holiday; ar~. ~VH~REA$, the President of the Un/ted State~ $i~ned legi$1affon authorizintj The Revere4n~ Dr. Kintj'~ birthday, ~Tanuary Eg~th as a National Holiday; ~ The Reverend Dr. /dartin Luther Kimj, ~Tr. received national and international recognition for his ~tirrin~ ~¢ru~le aga/n~ injustice arnt his leadership in esgou~imj brotherhood, self-discipline, and nonviolence; and, WH~EA$, the Collier County Branch of the National Association for the Advancement will ham commemorative celebration~ birthday by spon$orin~ month of ~Tanuar~ ZOOS° NOW THERE?OR~';:!be. ~'t proclaime~-.l~y the . of cad--t/ye celeb~i~ to~ held ~ '~e month of DONE AND ?L O~TDA ATTEST: ,TX44 COLET-FA, CHAXRI~AN D~GI4T E. OROaTC, ~K AGEnDa/ITEM No. "-IL., JAN l 200 Pg' 1 , COLLIER COUNTY MANAGER'S OFFICE December 10, 2002 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Mr. Jim Kramer 992 Plymouth Rock Drive Naples, FL 34110 Re: Public Petition Request to Discuss Independent Airport Authority & Independent Fire Districts Dear Mr. Kramer: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of January 14, 2003, regarding the above referenced subjects. Given the fact that the Board is already scheduled to discuss the Airport Authority on'that date, this appears to be the most appropriate time for them to hear your petition. Moreover, given the rather generic and non-specific nature of your public petition request, please be advised that these types of public opinion statements appear to be better suited for the "Public Comments on General Topics" section of the agenda. Public petition requests should be reserved for BCC consideration of specific actions on specific issues. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. ' If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, James V. Mudd County Manager JVM/jb cc: David Weigel, County Attorney JAN ! 2003 ~e&~. 03 O~ . Remar~RJa~ROL 941643'76'79 "Do not...regard the critics as questionable patriots. What were Washington and.. Jefferson and Adams but profound cntms of the colonial status quo?" - Adlai Stevenson 6. PUBLIC PETITION December 17,2002 To meddle or not to meddle - that is the question - whether the independent Airport Authority or independent Fire Districts are more deserving of your attention at this time. Respectfully, Jim Kramer 992 Plymouth Rock Naples FL 34110 239.450.2771 remarKRJ~aol.com JAN 1 ~ 2003 EXECUTIVE SUMMARY CU-02-AR-2476, TIMOTHY MALONEY REQUESTING CONDITIONAL USE "7" OF THE "E" ESTATES DISTRICT FOR EARTHMINING, ON PROPERTY LOCATED ON 46TH STREET N.E., GOLDEN GATE ESTATES, UNIT 45, TRACT 119, SECTION 4, TOWNSHIP 48 SOUTH, RANGE 28 EAST, CONSISTING OF 6 ACRES. OBJECTIVE: The Petitioner requests Conditional Use 7 of the Estates zoning district for earthmining. CONSIDERATIONS: The petitioner seeks a Conditional Use for earthmining on an Estates tract slightly less than 6 acres in size. The excavation is less than 2 acres of surface area, yielding approximately 20,000 cubic yards of earth. The petitioner applied for excavation permits for the subject tract, as well as neighboring tract 118, in August 1999. Both permits were approved on September 14, 1999. The permits were granted extensions, subject to fees being paid by November 18, 2000. On October 19, 2000, the fees were paid for the excavation permit for tract 118 only, effectively extending the permit. On October 24, 2001, the Land Development Code was amended to require a Conditional Use before an excavation permit can be issued in the Estates district. In February 2002, the petitioner requested a 1-year extension of the earthmining operation. At that time, it was discovered that tract 119 was being excavated (the permit which had expired), instead of tract 118 (the permit that had been extended). The Engineering Services Department, after consultation with the County Attorney Office, determined that the permit for tract 118 had been legally extended. However, tract 119 had been excavated without a permit and now required a Conditional Use before a new permit could be issued. It was determined that excavation on tract 118 could not commence until a Conditional Use had been approved for the erroneous excavation on tract 119. Tract 119 is the subject of this Conditional Use request. This is, in effect, an after-the-fact Conditional Use request. 6 2003 FISCAL IMPACT: The Transportation Impact Fees for this excavation amount to $2,216.71. In addition, after the excavation is complete, the property will support a singic-family house which will also pay impact fees of approximately $7,000. GROWTH MANAGEMENT IMPACT: The subject property is designated Estates (Estates - Mixed Use District, Residential Estates Subdistrict) on the Golden Gate Area Future Land Use Map. The Golden Gate Area Master Plan provides for single-family homes, one per 2 lA acres, and family care facilities. The Conditional Uses Subdistrict contains criteria for location of conditional uses - essential services Conditional Uses (allowed anywhere); and, those Conditional Uses listed in the "E" zoning district (subject to specific locational criteria: Neighborhood Centers, Transitional areas and "infill" areas). The Conditional Uses Subdistrict does not provide for excavations, as is being requested. This type of Conditional Use was added to the Land Development Code via Ordinance No. 2001-60, adopted Oct. 24, 2001. The character of an excavation is different from the Conditional Uses listed in the "E" zoning district (church, Assisted Living Facility, social and fraternal organization, etc.) in that it does not result in permanent structures or uses - the excavation is only authorized for limited duration; thereafter, the site is limited to uses allowed by right on other E-zoned parcels (one single-family dwelling unit per 2 1/4 acres or a family care facility). Staff has previously interpreted that it was the Board's intent not to make excavation Conditional Uses subject to the specific locational criteria in the Conditional Uses Subdistrict. By approval of previous excavation Conditional Uses, the Board has endorsed staffs interpretation. Based upon the above analysis, staff concludes the proposed Conditional Use for an excavation in Golden Gate Estates may be deemed consistent with the Golden Gate Area Master Plan, subject to interpretation (that excavation Conditional Uses are not subject to locational criteria) by the Board of Zoning Appeals. HiSTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or Waiver of Historic and Archaeological Survey & Assessment is required. 2 JAN EAC RECOMMENDATION: Because the size threshold was not met, an Environmental Impact Statement was not required. Because an EIS was not required, the petition was not heard by the Environmental Advisory Council. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on December 5, 2002. The Commissioners heard presentations by Staff and the petitioner and, by a vote of 7 to 0, forwarded the petition to the BZA with a recommendation of approval. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommended that the Collier County Planning Commission forward Petition CU-2002- AR-2476 to the Board of Zoning Appeals with a recommendation of approval. JAN 1 ~t ~03 PREPARED BY: F~ISCHL, AIC'~P PRINCIPAL PLANNER /,,.o./oq. DATE REVIEWED BY: CURRENT PLANNING MANAGER .13.07-. DATE DATE APPROVED BY: J¢St]PH K. SCHM]TT ./ DATR' h~/IUI~TY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive summary/CU-2002-AR-2476 4 JA~ ! ~ 2~3 ~.a.~ .. AGENDA ITEM 8-I TO: FROM: DATE: SUBJECT: COLLIER COUNTY PLANNING COMMISSION PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION NOVEMBER 1, 2002 CU-2002-AR-2476 PROPERTY OWNER/AGENT: OWNER: Timothy Maloney PO Box 8312 Naples, FL 34101 REQUESTED ACTION: The Petitioner requests Conditional Use 7 of the Estates zoning district for earthmining. LOCATION: The subject parcel is located on 46th Street NE in Unit 45, approximately 2.5 miles south of Immokalee Road. The site consists of approximately 5.89 acres. DESCRIPTION OF PROJECT: The petitioner seeks a Conditional Use for earthmining on an Estates tract slightly less than 6 acres in size. The excavation is less than 2 acres of surface area, yielding approximately 20,000 cubic yards of earth. The petitioner applied for excavation permits for the subject tract, as well as neighboring tract 118, in August 1999. Both permits were approVed on September 14, 1~99. ~~f~_ permits were granted extensions, subject to fees being paid by November 18, 21D00.1~)n.._~.~__L~ JAN 1~ 2003 6;' '~'S JAN 1/t October 19, 2000, the fees were paid for the excavation permit for tract 118 only, effectively extending the permit. On October 24, 2001, the Land Development Code was mended to require a Conditional Usc before au excavation permit can be issued in the Estates district. In February 2002, the petitioner requested a 1-year extension of the earthmining operation. At that time, it was discovered that tract 119 was being excavated (the permit which had expired), instead of tract 118 (thc permit that had been extended). The Engineering Services Department, after consultation with the County Attorney Office, determined that the permit for tract 118 had been legally extended. However, tract 119 had been excavated without a permit and now required a Conditional Use before a new permit could be issued. It was determined that excavation on tract 118 could not commence until a Conditional Use had been approved for the erroneous excavation on tract ll9. Tract 119 is the subject of this Conditional Use request. This is, in effect, au after-the-fact Conditional Use request. SURROUNDING LAND USE & ZONING: SUBJECT: Undeveloped, but excavated land; zoned E SURROUNDING: North: East: South: West: Undeveloped Tract 118; zoned E Undeveloped land; zoned A-MHO Undeveloped land; zoned E 46th Street NE ROW, across which is undeveloped land; zoned E GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Estates (Estates - Mixed Use District, Res~ Estates Subdistrict) on the Golden Gate Area Future Land Use Map. The Goldt J JAN 1 Area Master Plan provides for single-family homes, one per 2 ¼ acres, and family care facilities. The Conditional Uses Subdistrict contains criteria for location of conditional uses - essential services Conditional Uses (allowed anywhere); and, those Conditional Uses listed in the "E' zoning district (subject to specific locational criteria: Neighborhood Centers, Transitional areas and "infill" areas). The Conditional Uses Subdistrict does not provide for excavations, as is being requested. This type of Conditional Use was added to the Land Development Code via Ordinance No. 2001-60, adopted Oct. 24, 2001. The character of an excavation is different fi'om the Conditional Uses listed in the "E" zoning district (church, Assisted Living Facility, social and fi'atemal organization, etc.) in that it does not result in permanent structures or uses - the excavation is only authorized for limited duration; thereafter, the site is limited to uses allowed by right on other E-zoned parcels (one single-family dwelling unit per 2 ¼ acres or a family care facility). Staff has previously interpreted that it was the Board's intent not to make excavation Conditional Uses subject to the specific locational criteria in the Conditional Uses Subdistrict. By approval of previous excavation Conditional Uses, the Board has endorsed staffs interpretation. Based upon the above analysis, staff concludes the proposed Conditional Use for an excavation in Golden Gate Estates may be deemed consistent with the Golden Gate Area Master Plan, subject to interpretation (that excavation Conditional Uses are not subject to locational criteria) by the Board of Zoning Appeals. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff 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. TRANSPORTATION, INFRASTRUCTURE & ENVIRONMENTAL EVALUATION: The proposed impact of a recycling transfer facility on transportation, infi'astructure, and the environment was reviewed by the applicable reviewing agencies and their comments have been incorporated into this Staff Report. STAFF ANALYSIS: Before any Conditional Use shall be recommended to the Board of Zoning Appeals, the Planning Commission shall make a finding that the granting of the Conditional not adversely affect the public interest and that the specific requirements 3 gov JAN 16 2003 individual Conditional Use, if any, have been met by the Petitioner and that satisfactory provision and arrangement have been made concerning the following matters, where applicable: Consistency with the Land Development Code and the Growth Management Plan. Earthmining is recognized as a Conditional Use of Estates-zoned land in the Land Development Code. Proposed Conditional Uses, which are subject to the Golden Gate Area Master Plan, must meet locational criteria (such as being adjacent to an existing Conditional Use). As stated above, during previous approvals of Estates excavations, the Board of Zoning Appeals has made the interpretation that excavations are not subject to the locational criteria because they are only temporary in nature and do not create a permanent structure (in fact after the excavation is complete - typically about a year - the use of the Estates lot again becomes single- family residential). If the Board makes the same determination for this petition, then this Conditional Use request will be consistent with the Future Land Use Element of the Growth Management Plan. Consistency with the Land Development Code will be determined at the time of excavation permit review. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The Transportation Planning Department has reviewed the truck routes and signage and found that they meet the criteria for a temporary excavation. There is very little pedestrian traffic in the area, therefore, pedestrian traffic is not an issue. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. There are no immediate neighbors to the proposed use. The excavation is temporary and will result in at least one homesite at the completion of the excavation. Therefore the proposed Conditional Use shall have an effect on surrounding properties similar to construction of a home. 4 4. Compatibility with adjacent properties and other property in the district. A pond may be excavated on an Estates zoned lot with a single-family house. This Conditional Use allows the excavation to precede the construction of a house. It is staff's opinion that this Conditional Use request is compatible with adjacent properties. EAC RECOMMENDATION: Because the size threshold was not met, an Environmental Impact Statement was not required. Because an EIS was not required, the petition was not heard by the Environmental Advisory Council. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition CU- 2002-AR-2476 to the Board of Zoning Appeals with a recommendation of approval. 5 PREPARED BY: PRINCIPAL PLANNER DATE REVIEWED BY: MARG~RSTLE, PLANNING SERVICES DIRECTOR DATE DATE APPROVED BY: D/(TLf - ADMIIXIISTRATOR MMUNITy _ _D_EV_ ~.L_.OPMENTk,~umb~: CU.20024R.2476 &ENVIRONMENTAL SERVICES Collier County Planning Commission: JAN 1 COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DMSION April 30, 2002 Tim Maloney T.T.T., Inc. 3600 Prospect Ave. Naples, FL 34104 ENGINEERING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 Re: 'I-'I-T Commercial Excavations Dear Mr. Maloney: Following is an outline of the processing of your Commercial Excavation permit applications to date for Tracts 118 and 119 Unit 45 Golden Gate Estates. Chronology: August 1999- Application for Commercial Excavation on Tracts 11'8 and 119 Unit 45 submitted. $850 application fee paid for each tract. September 14, 1999- Board approves permit for both tracts with stipulation that excavation operation be limited to one year. May 18, 2000- Tim Maloney requests and is granted a 6 month permit extension. A note on this date is added to the file, that in order to keep the permit active, all fees must be submitted by November 18, 2000. October 19, 2000- Commercial Excavation Permit No. 59.709 is issued for Tract 118 only. Additional fees paid were $118 permit fee, $2217 road impact fee, and $10,000 cash performance guarantee for Tract 118. No additional fees were paid for Tract 119 February 8, 2002- Tim Maloney requests a one year extension for his "earth mining operation." After consulting with the Patrick White, CAO, this request was denied. Facts: It was brought to light at the time of the last extension request that Tract 119 was. excavated instead of the permitted Tract 118. The permit for Tract 118 has expired and the application for Tract 119 has expired. A~O~k n~ JAN 1 2003 PHONE (941) 659-5744 FAX (941) 643-6968 ww~:co.collier, fl.us May 1, 2002 Monloney Commercial Ex Page 2 As of October 24, 2001, Commercial Excavations in Estates Zoning require a Conditional Use A course of action was laid out for permitting Tract 119 (on which a lake is near completion) which included: a. Obtaining a Conditional Use b. Receiving Excavation permit approval by the Board c. Submitting a $118 permit fee, a $940 road impact fee, and a $10,000 performance guarantee. Conclusion: Tract 118 cannot be excavated until Tract 119 receives a Conditional Use. A Conditional Use is not required for Tract 118 since it was permitted prior to the Conditional Use LDC Amendment. The $10,000 performance guarantee in place will not be released until the Conditional Use is approved for Tract 119 and the excavation for Tract 119 is complete and cross sections submitted. If you have any questions or comments please contact me at 659-5753. Senior Engineer C: Commissioner James N. Coletta, District 5 Thomas Olliff, County Manager Joseph K. Schmitt, Administrator, Community Development and Environmental Services Thomas E. Kuck, P.E., Engineering Services Director/County Engineer Stan Chrzanowski, P.E., Senior Engineer Engineering Reading File Details Page 1 of 1 Folio No.~ 39031200002 I Owner Name~ MALONEY, TIMOTHY Addresses~ PO BOX 8312 CityI NAPLES I Properly Addressi NO SITE ADDRESS Legal~ GOLDEN GATE EST UNIT 45 TR b 1118 State~ FL ZipJ34101 -8312 Section Township Range Acres 04 48 28 5.88 Sub No. II 340900 ~ Use Code ~ 0 Map No. Strap No. 3D04 340900 118 03D04 GOLDEN GATE EST UNIT 45 VACANT RESIDENTIAL Millage Area ~ ~ MIIlaae t7 II 14.4214- 2002 Final Tax Roll (Subject to change I Land Value I (+) Improved Value I (=) Market Value I (') SOH Exempt Value I (=) Assessed Value I (') Homestead and other Exempt Value I (=) Taxable Value $ 23,520.00 $ 0.00 $ 23,520.00 $ o.oo 23,520.00 $ o.oo 23,$20.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Date ~ 04/2001 II 05 / 19.9 II Sales History Book * Page ~ Amount I 2815-1287 II $84,70o.0ol 2564-1470 ~ $15,000.00[ The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?FolioiD=0000039031200002 JAN 2003 1 ~ 2003 APPLICATION FOR PUB!,IC HEARING FOR: CONDITIONAL USE Petition No.: Commission District: Date Petition Received: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF General Information Name of Applicant(s) Applicant's Mailing Address Name of Agent -"~t~h, fl'f~' Agent's Mailing Address City ~kd.~ c.E_.< State Applicant's Telephone (c[~ Q 6 5/3` ~6 '/~ Firm /"/7,d&o,.,/Sy' 4 Jo~/5 State City Agent's Telephone Agent's E-Mail Address: Zip COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400fFAX (941) 643-6968 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: /~J//~ Mailing Address City State , Zip Name of Homeowner Association: Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State Zip.~ Name of Master Association: Mailing Address City State ,, Zip Name of Civic Association: / Mailing Address City State ~ Zip o Disclosure of Interest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Percentagee' of Ownership Name and Address If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name, Ad&ess and Office Percentage of Stock If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Ad&ess Percentage of Interest do If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited parmers. Name and Ad&ess / Percentage of Ownership eo If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or parmers. Name and Ad&ess Percentage of Ownemhip Date of Contract: If any contingency clause or contract terms involve additional individuals or officers, if a corporation, parmership, or trust. Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section: ,,.4~ Township: (.;Z~& Range: Lot: Block: Plat Book . Page #: Subdivision: Property I.D.#: o'~o,J/2 D oco$I ..~e~'.3/0t,o~,ot;} 3¢~t c ,/~-c q. oq~'~:Ja~' et, c,. Metes & Bounds Description: o Type of Conditional Use: This application is requesting conditional use # the district for rrvPE OF USe) Present Use of the Property: of Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). Describe how the project is consistent with the Collier County Land Deve and Growth Management Plan (include information on how the requesl with the apl~licable section or, p/ortions of the future element): .~iT~t¥'(~t/ 2~(,~,f.lP'~ti~r' 1 o2003 Name and Address , Date subject property acquired~ leased ( ):/?~ ~' Term of lease /./g yr./mos. If, Petitioner has option to buy, indicate date of option: ,//~t terminates: , or anticipated closing date /It/iff and date option Should any changes of ownership or changes in contracts for purchase subsequent to the date of application, but pr/or to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineers certification or sealed survey may be required. Section: /"/ Township: z/aP Range: Lot: Block: Subdivision: C"ot..R6.w/~ PlatBook~/'> Page#: /.,2~.'~ Property I.D.#: ,37c°3/~000ff Metes & Bounds Description: o Size of property: 330 fi. X 7'77, o/fi. = Total Sq. Ft.,~SZ',Yt3 Address/general location of subiect property: <--~ I i~' ~ 7 /qt/f. I~/.£, off-ff041/57l, Acres Adjacent zoning and land use: Zoning Land use &PPLICqTION FOR PUBLIC HEARING FOR CONDITIONAL USE- 02/2000 00 b o Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow/and/co~o',~ _and..acc..e_s_s '.m.i catastrophe: . V · c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: · - . / , , , ' ' and the vrovos~d~s~'s compatibiliW with adjacent properties ~d Describe the s~te s other pro~e~lestln the OlStnCt: ' ~ , itional info~a~ion which you may feel is relevant to this request. · 9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, h~owever, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. lO. Previous land use petitions on the subiect i~roperty'... To your knowtedge,lhasl~~~ heating been held on this property within the last year? If so, what was the Itature ot tl~at hearing? /4/~: J .lAN ~tl2003 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/200~0 ~. 11. Additional Submittal requirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. a. A copy of the pre-application meeting notes; Sixteen (16) copies of a 24" x 36" conceptual site plan [and one reduced 8¼" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · locations of solid waste (refuse) containers and service function areas, · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, · location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); ¢. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC). do Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida D, Transportation Land Use Cover and Forms Classification System. Statement of utility provisions (with all required attachments and sketche A Traffic Impact Statement (TIS), unless waived at the pre-application rn ); JAN 1 tt 2C .3 "etinlgl~. 9. A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); h. Any additional requirements as may be applicable to specific conditional uses ahd identified during the pre-application meeting, including but not limited to any required state or federal permits. PUBLIC HES, RING FOR CONDITIONAl-. I.]SE- 02~2000 /IFFIDA VIT Well, ~//~ /~'4~ t~ being first duly sworn, depose and say that we/! am/are the owners of thd property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. W'e/I understand that the information requested on this application must be complete and accurate and that the content oft his form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. /is property owner We~I further authorize as our/my representative in any matters regarding this Petition. to act Signature of Property Owner Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged befor~ <ct~ identification. State of Florida County of Collier ' day of ,WZ ,'d , to me or h~s"produced n F~orida) i4 - ! (Print, Type, or Star~p Commissioned Name of Notary Public) _A :~'"' 'C'ATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/2000 i~._~/'' _ 4DDRESSING CHECKLIST Please complete the following and submit to the Addressing Section for Review. Not all items will apply to every prelect. Items in bold type are recluired. I. Legal description of subject property or propertie~ (copy of lengthy description maybe attached) C_.-:7£ '-/-q" 7-f2,. ! t' q. 2. Folio (Property ID) number(s) of above (attach to, or aszociate with, legal description if more than one) 3. Street address or addre~se: (as applicable, :r,,~.o,,,~,, a.*signed) 4. Location map, showing exact location ofprojecffsite in relation to nearest public road right-of-way (attach) 5. Copy of survey (NEEDED ONLY FOR UNPLATTED PROPERTIES) 6. Proposed project name (if applicable) 7. Proposed Str&et names (if applicable) i '-' itc Development Plan Number (FOR EXISTING PROJECTS/SITES ONLY) SDP - 9. Petition Type - (complete a separate Addressing Checklist for each Petition Type) 10. ['-] SDPA (SDP Amendment) [-] SDPI (SDP Insubstantial Change) [-] SIP (Site Improvement Plan) I"-] SrPA (SIP Amendment) [~ SNR (Street Name Change) [--] Vegetation/Exotic (Veg. Removal Permits) [~ Land Use Petition (Variance, Conditional Use, Boat Dock Ext., Rezone, PUD rezone, etc.) [-] PSP (PreliminarySubdivisi°nPlat) El FP (Final Plat) LLA (Lot Line Adjustmeat) BL (Blasting Permit) ROW 0t.ight-of-Way Permit) ["] EXP (Excavation Pen'nit) [-] VRSF? (Veg..Removal & Site Fill Permit) [-] Other - Describe: ' Project or development names proposed for, or already appearing in, condominium doe-ments (ff applicable; indicate whether proposext or existing) 11 Please Check On-----e: E] Checklist is to be Faxed Back ['~ personally Picked Up · Phone fo',t=~-''/~,'''/~ Fax 12. Applicant Name.-'77"~r'?./nT'~q/o/fft?/" -_-----~. i 13. Si.~x~ature on Addressing Checklist does not constitute t'roject and/or street Name approval and is subject to further review by the Addressing Section. '"-- 'F~R STA~Y tory Number q¥7 q q Address Number Address Number Address N. umber Approved by (l Date Mr. Fred Reischl - Principal Planner Plalming Services Department 2800 North Horseshoe Drive Naples, FL 34104 Dear Mr. Fred Reischl; This is in reference to your letter of November 1, 2002. You inform us about the request for earth mining at tract 119, unit 45, Golden Gate Estates, made by Tim Maloney of Maloney and Sons Equipment, Inc. We oppose the granting of the permit requested. This kind of earth mining activity was done in tracts 108, 107, 114, 115 and 120. We have now four big ponds of stale water behind our property. There is another one right across our property, #120. And now we will have another one more closer up front, the #119. A surge of wild life has been coming into our home; lizards, snakes, rats, crawling insects, mosquitoes, and flies, and we believe that those ponds of stale water are the reason for this. There is a pattern that concerns us more. They are asking to earth mine #119. Then #118 will follow, and then #116, #117, and we will have ponds of stale water all around our property. The situation with wild life will worsen and our health and well being compromised. Those ponds of stale water are detrimental to the community environment. They are becoming an environmental issue. Looks like an ecological loss. We wonder if there have been any environmental studies related to this kind of project. We would like to know if an environmental impact study have ever been done about this. We won't be able to attend the hearings of November 21a, 2002. However we want to appear on record as opposing the permit on environmental grounds. We perceive this activity as a degradation of the environment around us, and the degradation is already causing disturbance in our home, health, and life in general. /~/erely, ~ Casanova Owners and residents - Tract 106 4580 54th. Ave NE Naples, FL 34120 JAN 14 2003 RESOLUTION NO. 03 - A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF AN EARTHMINING OPERATION IN THE ESTATES ZONING DISTRICT PURSUANT TO SECTION 2.2.3.3.7 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 4, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting et Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing alter notice as in said regulations made and provided, and has considered the advisability of Conditional Use "7" of Section 2.2.3.3 of the Land Development Code in the Estates Zoning District for an earthmining operation on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY the Board of Zoning Appeals of Collier County, Florida that: The petition filed by Timothy Maloney with respect to the property hereinafter described as: Tract 119, Golden Gate Estates, Unit No. 45, as recorded in Plat Book 7, Page 30 of the Official Records of Collier County, Florida be and the same is hereby approved for Conditional Use "7" of Section 2.2.3.3 of the Land Development Code in the Estates Zoning District for an earthmining operation in accordance with the Conceptual Master Plan (Exhibit "B"). 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 ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: , CHAIRMAN Approved as to Form and Legal Sufficiency: Matjt~rie~. Student Assistant County Attorney FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-2476 The following facts are found: 1. Section 2.2.3.3.7 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes V~ No Bo 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 x-' No Affects neighboring properties in relation to noise, glare, economic or odor effects: X/~No affect Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes V/ No__ Based on the above findings, this conditional us(~th stipulations, (copy attached) (should not) be recommended for approval. DATE: II-~c 0"Y' CHAIRMAN: Exhibit "A" 2003 Exhibit "B" ---- EXECUTIVE SUMMARY VA-2002-AR-2446, ANNE D'AGOSTINO, REPRESENTING MAYFIELD ROAD INC., DBA PERKINS RESTAURANT, REQUESTING AN AFTER-THE-FACT 23-FOOT VARIANCE FOR THE HEIGHT OF A FLAGPOLE FROM THE REQUIRED 50 FEET TO 73 FEET FOR PROPERTY LOCATED AT 3585 GATEWAY LANE, FURTHER DESCRIBED AS NAPLES GATEWAY, PHASE I, LOT 3, IN SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner requests a 23-foot variance from the 50-foot maximum allowable height for a flagpole to 73 feet for an existing flagpole. CONSIDERATIONS: A flagpole was installed on the subject property by Nu-Cape Construction without a building permit. Collier County Code Enforcement contacted the petitioner, noting that a building permit could not be located for the flagpole. The petitioner states that she contacted Nu-Cape and they applied for an after-the-fact building permit. The building permit was not approved, because the maximum height for a flagpole is 50 feet and the subject flagpole is 73 feet. The options for the petitioner were to reduce the height of the flagpole or seek a variance. The location of the existing flagpole was approved on the Site Development Plan. However, since a building permit has not been issued; it has not been inspected, nor has a certificate of completion been issuedby Collier County. The flagpole extends 73 feet, according to the County Surveyor, which is 23 feet higher than the Land Development Code maximum. The additional height is the subject of this variance. The regulations goveming the height of signs and flagpoles are drafted primarily to reflect the community's aesthetic desires, although the height of these types of structures has safety considerations as well. Through implementation of its Land Development Code, this community has stated that allowing flagpoles to a maximum height of 50 feet is desirable. A flagpole in excess of 50 feet may be considered undesirable or injurious to some. In addition, the petitioner requests a refund of the $2,025 after-the-fact variance fee. JAN 2003 FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT: Approval of this variance will not affect or change the requirements of the Growth Management Plan. ENVIRONMENTAL ISSUES: The subject variance is for the height of a flagpole. associated with this petition. There are no unusual environmental issues HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or Waiver of Historic and Archaeological Survey & Assessment is required. EAC RECOMMENDATION: The Environmental Advisory Council did not review this petition because the EAC does not normally hear variance petitions. CCPC RECOMMENDATION: The Collier County Planning Commission heard this petition on December 5, 2002. The Commissioners heard the Staff presentation and a presentation by the petitioner. Commissioner Strain made a motion for approval, which was seconded by Chairman Abemathy. The Planning Commission voted 4 to 3 to approve the motion and forward the petition to the BZA with a recommendation of approval. Commissioner Richardson voted in the minority and stated that he found no basis for approval in the criteria. JAN 2003 PLANNING SERVICES STAFF RECOMMENDATION: It is staffs opinion that the granting of the variance will not be in harmony with the general intent and purpose of the Land Development Code. From an aesthetic perspective, a flagpole in excess of the allowable height could be considered injurious, however, fi.om a health/safety perspective, it is likely that the granting of a variance would not be injurious, provided a building permit is obtained, demonstrating compliance with applicable codes, including windload. Furthermore, there is no land related hardship associated with this variance; therefore, Planning Services staff recommended that the CCPC forward Petition VA-2002-AR-2446 to the BZA with a recommendation of denial. Since the variance was processed and staff time and resources were utilized, staff recommends denial of the request to refund the after-the-fact variance fee. PREPARED BY: PRINCIPAL PLANNER DATE REVIEWED BY: MARGAREI~ERSgL~, AICP - PLANNING SERVICES DIRECTOR / DATE DATE APPROVED BY: DATE ENVIRONMENTAL SERVICES ADMINISTRATOR executive s ummary/VA -2002-AR-2446 JAN lq 2003 AGENDA ITEM 8-E TO: FROM: DATE: SUBJECT: MEMORANDUM COLLIER COUNTY PLANNING COMMISSION PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES NOVEMBER 14, 2002 PETITION VA-2002-AR-2446 AGENT/APPLICANT: OWNER: AGENT: CBL Partnership C/o Charles Idelson PO Box 3454 Fort Myers, FL 33918-3454 Anne D'Agostino Mayfield Road, Inc.; dba Perkins Restaurant 5215 Old Gallows Way Naples, FL 34105 REQUESTED ACTION: The petitioner requests a 23-foot variance flagpole to 73 feet for an existing flagpole. from the required 50-foot maximum height for a GEOGRAPHIC LOCATION: The subject property is located at 3585 Gateway Lane in the Naples Gateway PUD. It is located in the northwest quadrant of Activity Center Number 10, at the intersection of Pine Ridge Road and Interstate - 75. ~A ~ JAN 2003 PURPOSE/DESCRIPTION OF PROJECT..: A flagpole was installed on the subject property by Nu-Cape Construction without a building permit. Collier County Code Enforcement contacted the petitioner, noting that a building permit could not be located for the flagpole. The petitioner states that she contacted Nu-Cape and they applied for an after-the-fact building permit. The building permit was not approved, because the maximum height for a flagpole is 50 feet and the subject flagpole is "/3 feet. The options for the petificner were to reduce the height of the flagpole or seek a variance. The location of the existing flagpole was approved on the Site Development Plan. However, since a building permit has not been issued, it has not been inspected, nor has a certificate of completion been issued by Collier County. The flagpole extends 73 feet, according to the County Surveyor, which is 23 feet higher than the Land Development Code maximum. The additional height is the subject of this variance. SURROUNDING LAND USE AND ZONING;. North - East - South - West - Subject: Surrounding: Perkins Restaurant; zoned PUD (Naples Gateway PUD) Livingston Woods Lane ROW; across which are single- family houses; zoned Estates (Golden Gate Estates, Unit 35) Undeveloped lot 4; zoned PUD (Naples Gateway PUD) Pine Ridge Road ROW, across which is undeveloped land; zoned PUD (Pine Ridge Center PUD) Hawthorne Suites hotel; zoned PUD (Naples Gateway PUD) i_IvlNcS[ON WOO[ PUD D PINE RI[; i-iiSTORIC/ARCHAEOLOGICAL IMPACT_: Staffs analysis indicates that the petitioner's property is not located within an area and archaeological probability as referenced on the official Collier County Probz Therefore, a Historical/Archaeological Survey and Assessment or waiver is not requir 2 ~ ifi~t~A II~M "' ,ill ap. d. JAN lb EVALUATION FOR IMPACTS TO TRANSPORTATION~ INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infrastructure, transportation or the environment. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? No. A restaurant exists on the parcel. e Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? No. The petitioner's contractor constructed the subject flagpole in the location identified on the Site Development Plan, but without a building permit. e Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No. There is no land-related hardship, since a restaurant currently exists on the lot. The petitioner may incur the financial burden of reconstructing the flagpole, but financial hardship is not typically a reason for granting a variance. Will the var' ance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? No. The existing restaurant is a reasonable use of the land. However, the requested variance will be the minimum required to allow the flagpole to remain at its existing height, as desired by the petitioner. JAN 2003 Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, the granting of this variance will allow the petitioner to have a flagpole with a greater height than that which would be permitted elsewhere in Collier County. e Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No. Division 2.5 of the Land Development Code provides a maximum height for flagpoles; therefore, the subject flagpole will not be in harmony with the general intent and purpose of the LDC. The regulations governing the height of signs and flagpoles are drafted primarily to reflect the community's aesthetic desires, although the height of these types of structures has safety considerations as well. Through implementation of its Land Development Code, this community has stated that allowing flagpoles to a maximum height of 50 feet is desirable. A flagpole in excess of 50 feet may be considered undesirable or injurious to some. m Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No. The flagpole does not encroach into a yard, but projects upward; therefore, by its very nature it becomes visible. Se Will granting the variance be consistent with the Growth Management Plan? Approval of this variance will not affect or change the requirements of the Growth Management Plan. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions. PLANNING SERVICES STAFF RECOMMENDATION: It is staff's opinion that the granting of the variance will not be in harmony with the general intent and purpose of the Land Development Code. From an aesthetic perspective,~ excess of the allowable height could be considered injurious, however, from a l eal safety' I I 4 JAN 1~, 2003 perspective, it is likely that the granting of a variance would not be injurious, provided a building permit is obtained, demonstrating compliance with applicable codes, including windload. Furthermore, there is no land related hardship associated with this variance; therefore, Planning Services staff recommends that the CCPC forward Petition VA-2002-AR-2446 to the BZA with a recommendation of denial. PREPARED BY: F~bOP.~SCHL, A~CP PRINCIPAL PLANNER DATE REVIEWED BY: NT PLANNING MANAGER PLANNINO'SERVICES DIRECTOR I/-/J-- o~ DATE DATE APPROVED BY: J~EPH K. srQ~T- ,/' D/ATE/ ~f~:~~D;~V.~Lfp~ & ENVmOm,mN'r~ SE}~WCES ~mNIS~TOP. Collier County Planning Commission: KENNETH L. I ,/ -/ JAN 1~ 2003 Flagpole at Perkins April 15, 2002 Feb. 11, 2002, received an action order for flagpole erected at Perkins Restaurant at 3585 Gateway Lane that has been put up without a Permit. This was also relayed to me by Mike Vignari fi.om sign review that the flagpole was installed, and the he Mike did not receive any permit. Feb. 12, 2002, I checked the permits again to verify that there was not a permit for the flagpole, and observed that none had been applied for or issued. I then went to Perkins Restaurant on Gateway Lane, and observed the flagpole, which at that time I wrote out a Notice Of Violation. I talked to Ana Kukja who manages the restaurant about the violation. Ms. Kukja informed me that the owners were not available at this time, and would be in later in the day. I then explained the Notice to Ms.Kukja about the permit that is required for the flagpole. Ms. Kukja signed the Notice of Violation, and a copy was given to Ms. Kukja, as I informed her to make sure the owners received the copy, along with my card to call if they have any questions. March 1, 2002, I stopped in for a courtesy call that we have not received any permits as of yet for the Pole, and that there are ten days to go for the Notice Of Violation. I talked to Ms. Kukja who was there at the counter again, and asked if any of the owners were in, and she stated that the son was, as he came to the front counter. I introduced myself to him, and sked if he had a minute. He stated that he did, and I stated that I was making a courtesy call to inform them that we have not received any permit for the pole as of yet. The owner's son stated that Nu-Cape Construction was going to apply. If they don't, what are you going to do, cut it down, as there is nothing you can do, as he laughed? The Son stated that he did not have time for this, as what are you going to do if we don't? I then informed him that we start with a citation, and then may have to take it to the Code Enforcement Board, which the fines can be up to $250.00 Dollars per day. The Son did not want to hear about it any more, as he just walked away fi.om me, and I left. March 1, 2002, I placed two calls into Nu-Cape Construction, as they installed the flagpole without permits. Did not receive any calls fi.om them. March 12, 2002, Gary Milmont fi.om Nu-Cape Construction called me, which he stated that he would be getting a permit for the pole, once he receives the sealed certificate. Mike Vignari informed me that Gary Milmont fi.om Nu-Cape did come in with the application for the Flagpole, but he had to reject it, as it indicated that the size of the pole was Seventy Feet in Height (70'), and the County allows only 50' height. March 13, 2002, I talked to Gary Milmont fi.om Nu-Cape about the violation, and was informed that the 50' pole will be ordered. He would like to wait till that one comes in, so he can remove the 70' pole, and install the 50' pole at the same time, as it will save him money to get a crane for three hundred dollars each time. I informed Gary that it would not be a problem, as we are working with you to get the violation corrected No.~A rr~ JAN March 21, 2002, I again talked to Gary from Nu- Cape, and he stated that he was still waiting for the sealed drawings, but they should arrive shortly. Three calls were made to Gary at Nu-Cape Construction after the news article, but he was not available, and would not call back. April 10, 2002, Supervisor Patty Permlli called for Gary Milmont, and he took the call at that time, as stated that the owners Mr. D'Agostino are going to apply for a variance, which was submitted on April 11, 2002. The Pre-Application Request indicates that no Notice was issued, which was on 2-12-02, and now are stating that the height is 62', and not 70' as indicated in the application from Nu-Cape, Gary Milmont, which was rejected. Allen Kennette JAN 1~ 2003 Division of Corporations Page 1 of 2 Florida Profit MAYFIELD ROAD, INC. PRINCIPAL ADDRESS 5215 OLD GALLOWS WAY NAPLES FL 34105 Changed 05/01/2000 MAILING ADDRESS 5215 OLD GALLOWS WAY NAPLES FL 34105 Changed 05/01/2000 Document Number FEI Number Date Filed P98000105988 650884762 12/21/1998 State Status Effective Date FL ACTIVE NONE Registered Agent D'AGOSTINO, LOUIS D 821 FIFTH AVENUE. SOUTH SUITE 201 NAPLES FL 34102 Officer/Director Detail Name & AddressIITitle D'AOOSTINO, FRANK 52~5 oLD G~LLOWS WAY CEO NAPLES FL 34105 D'AGOSTINO. DOMENIC D 5215 OLD GALLOWS WAY p NAPLES FL 34105 D'AGOSTINO, JOHN 5215 OLD GALLOWS WAY VP NAPLES FL 34105 2003 .../¢ordet.exe?a 1 =DETFIL&n 1 =P98000105988&n2=NAMFWD&n3=O000&n4=N&rl =&r2= 11/13/2002 Division of Corporations D'AGOSTINO. ANNE 521S OLD GALLOWS WAY Annual Page 2 of 2 Previous Filing Return to LiSt I No Events No Name History Information Next Filing Document Images Listed below are the images available for this filing. ~5/1.__3/20.__02 -- COR - ANN REP/UNIFORM BUS REP ~/16/200. 1 -- ANN REP/UNIFORM BU.S_REP_ ,5/0_1/20_00--ANN REP/UNIFORM BUS REP ~/0____6/19__99 -- ANNUAL REPORT THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT JAN lq 2003 .../cordet.exe?al =DETFIL&n 1 =P98000105988&n2=NAMFWD&n3=0000&n4=N&r 1 =&r2 11 / 13/2002 _VARIANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRICT) Petition No. Date Petition Received: Commission District: VA-2002-AR-2446 Planner Assigned: PROJECT #2001020033 DATE: 5/2/02 FRED KEISCHL ABOVE TO BE COMPLETED BY STAFf- GENERAL INFORMATION: Petitioner's Name: Petitioner's Address: .MAPL6$ FI.-. Agent's Name: Telephon~gq~ Agent's Address: Telephone(~/'~ t40~, ~ID~O Application for Variance Petition - 8/98 I,,eJAN 1~ 2003 15 el o[8 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400fFAX (941) 643-6968 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address Name of Homeowner Association: Mailing Address Name of Homeowner Association: Mailing Address Name of Master Association: Mailing Address Name of Civic Association: Mailing Address City State Zip City city State Zip State Zip City State Zip City State Zip PROPERTY DESCRIPTION: Legal Description of Subject Prop.erty:_~.,~r~ Subdivision: [tl~t~,r~ ~~tTcc ~,',~I ~' Umt Section _7 ,Twp. 4~ ,Range Metes & Bounds Description: Application for Variance Petition - 8/98 Lot (s) ~ Block (s) Property I.D. # b [7 q ~ 0 0 0 / ~ ¢ Address of Subject Property: (If different from Petitioner's address) Current Zoning and Land use of Subject Parcel: Adjacent Zoning & Land Use: ZONING LAND USE s w Minimum Yard Requirements for Subject Property: Front: Comer Lot: Yes [--] No ~] Side: Rear: Waterfront Lot: Yes [--I No [~ Application for Variance Petition - 8/98 JAN 1~ 2003 Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce fi.om setback fi.om 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. Application for Variance Petition - 8/98 Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-8). (Please address this criteria using additional pages if necessary.) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request· Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of u.e land, building or s~ucture and which promote standards of hcalth~ safety or welfare. APP Application for Variance Petition - 8~98 JAN 2003 Page 5 of 8 o o Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the seine zoning district. Will granting thc variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise dewirnenial to the public welfare. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. Will granting thc variance be consistent with the growth management plan. Application for Variance Petition - 8/98 JAN 1 6 2003 VARIANCE PETITION APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! R E Q UIREMENTS # o COPIES REQUIREp 1. Completed Application 15 2. Completed Owner/Agent Affidavit, Notarized 1 3. Pre-application notes/minutes 4. Survey of property, showing the encroachment (measured in feet) 5. Site Plan depicting the following: a) All property boundaries & dimensions b) All existing and proposed structures 0abeled as such) c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Location map depicting major streets in area for 1 reference 7. Pre-Application fee, Applicaton fee and Data Conversion . fee, checks shall be made payable to Collier County Board of Commissioners "~ .~,:,7 ~ 8. Other Requirements- . As the authorized agenffapplicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal inforrrmtion may result in the delay of processing of this petition. Appticant/Al~nt Signature Application for Variance Petition - 8/98 JAN ! ~ 2OO3 04/2212002 12:15 B41596BB§5 PA~E 02 am/ar~ the owner.* of the property d~crtbed herein and which ~ the xubject ma,~ of the proposed hearing; that all the anzwer$ to the quezn'on~ in this application, including the disclosure of Interest tnformation, all sketches, data, and other supplementary matter attached to and made a part of thiz application, are honest and tru~ to the best of our knowledge and belief. VYe/I understand that the information requested on this application must be complele and accurate and that the content of thi~form, whether computer gznerated or County printed shall not be altered. Public hearing,* will not be adverti3ed until this application is deemed complete. and all required information has been xubmltted. Aspropertyowner F/e/Ifurtherauth°rize ,,. tt~ ~b,l~ ~t4 ~0~'~7~0 toact as~our/my, representative in any matters regarding this Petition. Signature of Pr°PerrY Owner Signature of Property Owner Typed or Printed Name of Owner Typed or .Printed Name of Owner The foregoing in.,trument was acknowledged before me this 023 ,,t q day of /t" l~ t L t~by _~_,~ ~'{e_~, ~,. ~ *-[~r'~ who is personally known to m__e or has produced ~ t~ . as identification. - State of Florida County of Collier Application for VarlaKe Petition - 8/98 {Signature of Notary Public - State of orida) (Y¥int, Type, or Stamp Commi~ Name of Notary Public) FaSe 8 of JAN 1 6 2003 The following is a description of the events that occurred prior to the application for our variance on the flagpole: · January 2002: The restaurant is issued a certificate of occupancy based on the plans submitted. It should be noted that the flagpole was clearly depicted on the approved plans, and it was not mentioned at anytime during the permitting process that a separate permit was needed for the pole. At the time of issuance of the certificate of occupancy, the flagpole had already be~n erected. · February 13~ 2002: Our manager, Anna Kukja notified us that the code enforcement officer, Mr. Allen Kermett, had stopped by to inform her that the flagpole was erected without a permit. · February 14th 2002: We took the time to notify Nu-Cape construction that our flagpole needed a permit to which they told us that they would apply for the permit immediately. · March 1* 2002: Mr. Kennett stopped by the restaurant during lunch hours, while we were extremely busy. He informed us that the permit had not yet been applied for, and if the flagpole were not removed there would be fines involved. · March 12t~ 2002: We received notification that our permit was denied due to height restrictions in Collier County. Our pole was 12 feet over the limit, and we would be forced to remove it. · March 15th 2002: We decided to start a petition to allow us to keep the flagpole at its current height. It was our idea to then take these petitions to the county and ask them if we could leave the flagpole at 62 feet. We would like to note that at this point there was never any mention to the fact that we could get a variance on the permit. · April 12~ 2002: To date we have gathered nearly 7,000 petition signors. Local support for the pole has been outstanding. Any person with common sense can look at the sight and know that the pole belongs there. The pole is a mere 12 feet over the limit. It does not interfere with anything. It is hurricane tested in winds of up to 110 mph. We are asking the Commission, with the overwhelming support of the community, to allow our variance, wave the 2000.00 fee involved, and resolve this issue by letting the flag fly at 62 feet. Mr. Schmitt, we're takJng this moment to address comments made in your comrnentmy regarding our flagpole at our Perkins restaurants. I am speaking for the proprietors, our family who owns 3 Naples Perkins. We never attacked the code enforcement off'~,ial. We understand he is doing his job. We were unaware of the 50-foot limit. Inspectors failed to inform us when they were onsite. We never intended to violate county laws. The off'~ial who informed us two months after opening, came in on a busy day, told my ~ remove it orcut it down .or you will be fined. · He never informed us we could apply for a variance nor issued us a Notice of Violation. As a family we decided to start a petYdon and get community support before we applied to the commission to request a variance. We agree the officials are only doing their jobs, but they should make sure everyone complies with the 50-foot ordinance. My grandma used to say, · rude _r~-~__ doesn't ge< you anywhere.' We clon't agree you should compare our national symbol of freedom to o~er local ordinances. There is no comparison. We take personal offense to your comment that this is a marketing ploy. We do not use our flagpole for advertising. We had tfm choice of installing one. We have lived in this county for 30 years and have as much patriotism as you do, sir. These colors mean as much to us as they do to you. We have many re~red and active duty friends. Being patriotic about your country doesnt mean you have to be mili',:-¥ personnel, as you seemed to imply in your comrr~fls. Certainly all Americans are proud of ~ who serve our country. HOW DARE YOU ACCUSE US OF PROSTITUTING THE NATIONAL EMBLEM lll We fly our flag in honor of our freedom, in respect to all those who served and are se~ing our country, and in honor of my immigrant grandparents who came to this country and gave my family the opportunity to be proud American citizens. I agree that patriotism is about how our flag is flown. That is why we spend thousands of dollars a year to maintain our poles and flags. We make sure they are flown properly, not in disrepair as many other flags around ~ county. Our flags fly with dignity and honor, having raised them in a dedication to my cousin, a NY firefighter, and others lost on Sept. 11th, when we held a charitable free lunch last fall. We raised over $9,000 in donations from our wonderful community and donated $6,000 in food, goods and services. We didn't ask anyone to write a story about our flag. The reporter came into our establishment and called for an interview. We are grateful she made the community aware of the ordinance and commend her for a great article. The same happened with the news station. We didn't ask to be on the news. Reporters asked us for interviews. When asked why we didn't contact them, my answer was," We don't want to advertise, we just want community support when we go before the Board of Commissioners." I suggest you get all your facts straight before you write a commentary about the proprietors of an establishment. Maybe you should take the time to get to know the family and establishrnef~ you are speaking aboufl We chose to become Perkins owners because the company had an excellent reputation as a family establishment and that many of the people in the company are upright Americans. The company also supports a great cause for terminally ill children called ' Give Kids The World.' Maybe you should remember the words, "Let those without sin cast the first stone." Regarding your last =,~ement, we ask your understanding for not being aware of the ordinance until the inspactm' made it known to us 2 months after opening when he appeared at our Perkins to hand my brolfmr a business card and tell us that our flagpole must be removed or cut down. We have bcc3 working on taking the proper steps, attempting to be completely prepared before applying for a variance. Oh, by the way, our flagpole is only 12 feet above the ordinance, no~ 20 feel Thank you to the Naples community who has shown their patriotism and support. We are ixoud to be your nelghlx~r~ Thank you and C-.-.-.-.-.-.-.-.-~J B _le~__ Amedcall VA-2002-AR-2446 PROJECT #20010200 DATE: 5/2/02 FRED REISCHL CUTRONA RESIDENCE 2633 FINCHLEY LANE NAPLES, FL 34105 PHONE: (941) 263-7028 r, x: (94 t) 2 .026 E-MA]L: joseph~hj~aol, com April l 1, 2002 EDITOR, NAPLES DAILY NEWS I am writing concerning the flag at the new Perkins restaurant on Pine Ridge Road, and in response to the letter from Collier County Bureaucrat Joseph lC Schmidt. With respect to Mr. Schmidt's letter: (1) Did the county code change after the inspection for a certificate of occupancy? (2) If not, why did the inspectors fa~ to carry out their respons~ilities the first time? (3) Is this not typical of Collier County?. As a veteran of World War II, Korea and Vietnam (twice), I cannot wonder why flying a flag fi'om a business establishment should be different. Almost every Perkim~ restaurant I have seen has a flagpole and an American Flag - in my book, that is patriotism. Further, the action reminds me of Jane Fonda's visit to Hanoi to support the North Vietnamese while soldiers were wounded and dying in South Vietnam. As a field commander at that time, I recall the adverse impact her action had on soldiers in combat because the actions were by a so-called American. I wonder what the troops putting their lives on the line will think of the action of Collier County Bureaucrats. They can still dig themselves out of the hole. .H. CUTRO/qA ER GENERAL (USA, RET) VA-2002-AR-2446 PROJECT #200102( DATE: 5/2/02 FRED REISCHL RESOLUTION NO. 03-___ RELATING TO PETITION NUMBER VA-2002-AR- 2446, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has con[erred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulatious as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 23-foot variance from the required SO-foot maximum height for a flagpole to 73 feet in the location shown on the attached plot plan, Exhibit "A", in a "PUD" Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered ail matters presented; NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier County, Florida, that: The Petition VA-2002-AR-2446 filed by Anne D'Agostino, representing Mayfield Road, Inc., dba Perkins Restaurant, with respect to the property hereinafter described as: Lot 3, Naples Gateway, Phase I, as recorded in Plat Book 7, Page 85, in the Official Records of Collier County, Florida be and the same hereby is approved for a 23-foot variance from the required SO-foot maximum height for a flagpole to 73 feet in the location shown on the attached plot plan, Exhibit "A", of the "PUD" Zoning District wherein said property is located, subject to the following conditions: 1. This variance is for the encroachment shown in Exhibit "A" only. Any other encroachment shall require a separate variance. 2. In the case of the destruction of the encroaching structure, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of the Land Development Code in effect at the time of reconsmaction. JAN 1 2Q03 2. In the case of thc destruction of the encroaching structure, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at thc time of its destruction, any reconstruction shall conform to the provisions of thc Land Development Code in effect at the time of reconstruction. BE 1T FURTHER RESOLVED that this Resolution relating to Petition Number VA-2002-AR-2446 be recorded in the minutes of this Board. This Resolution adopted atter motion, second and majority vote. Done this day of ., 2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency: , CHAIRMAN Matj ori{Q~Vl. Student Assistant County Attorney VA-2002-AR-2446/FR/lo JAN 1 4 2003 ' oll 11 I ! II ------- --~lI II II / / II II II II II II II II II II II ...v...??..??~..v...~.~.???~.?-~?~ .... .'.'.'~'???" ' EXHIBIT "A" 1 6 2O03 FACT SHEET January 13, 2003 SUBJECT: Request for variance by Anne D'Agostino for an after-the-fact 23-foot variance for the height of a flagpole from the required 50 feet to 73 feet for property known as Perkins Restaurant Purpose: To provide additional background on the case; background not directly related to the criteria for evaluation the merit of the request but criteria to aid in understand the sequence of events leading up to the decision to disregard the provisions of the Collier County Land Development Code regarding the construction and installation of the subject flagpole. Background/Considerations: a. Perkins Restaurant Corporate Requirements. Perkins Restaurant franchise (attached) require all stores to have a flag pole and it instructs the owner to work with the local government so as not to exceed height limitations or get variances if appropriate. While they do not have specific requirements in their operations manual/franchise agreement, they do have guidelines; 50-foot poles in urban areas, 70 foot poles in non-urban and interstate locations. This location is considered an interstate location and thus the 70-foot pole is desired. However, the guidance in the agreement that all local ordnances must be followed. b. Perkins store approval process: · Owner finds site and submits to Perkins · Perkins reviews, runs demographics and decides if site will work · Perkins approves site approval subject to stipulation such as additional signage, curb cuts, landscaping, flagpoles etc. · Owner is then required to receive all the necessary approvals, permits, etc., in accordance with all local and state building codes and ordnances and subsequently report back to Perkins that the imposed conditions can be met. Perkins corporate headquarters does not have anything in their files from Mr. D'Agostino stating that he can meet the 70-foot pole requirement. · Perkins reviews site again · Issues Commitment of Agreement · Upon store opening, Perkins gives store franchise agreement on day of opening-. · On August 16, 2000, Perkins corporate headquarters notified Mr. D'Agostino that the proposed site was approved contingent upon a 70 foot lighted flagpole. c. February 9, 2002 - Collier County Sign Review Specialist, Mike Vignari, during routine site inspection requested by the developer to inspect and approve permitted signage on site noted that the flagpole covered under do the County sign ordnance was installed without a required building permit. Flags and flagpole are control under the signs portion of the LDC. February 11, 2002 - Acting on an action order initiated by Mr. Vignari for flagpole erected at Perkins Restaurant at 3585 Gateway Lane without a Permit, Collier County Code Enforcement Official was assigned to research the case. February 12, 2002 - initial investigation verified there was never a permit for the flagpole, and that none had been applied for or issued. Code Enforcement Official, Allen Kennette, subsequently visited the site and issued a Notice Of Violation. Mr. Kennette spoke with Ana Kukja, the manager of the restaurant about the violation and was informed the owners were not available at this time, and would be in later in the day. Allen explained the Notice to Ms. Kukja and informed her to make sure the owners received the copy, along with his card to call if they have any questions. March 1,2002 - Noting that there were ten days remaining on the Notice Of Violation and the fact that the Building Department had yet received an application for a permit for the pole, Mr. Kennette returned to the Perkins Restaurant for a courtesy call. He again spoke with Ms. Kukja and asked if any of the owners were in. She stated that the son was, as he came to the front counter. Allen introduced himself and stated that he was making a courtesy call to inform them that his research verified that there was no valid or pending permit for the pole. The owner's son stated that Nu-Cape Construction was going to apply, but tersely replied, "If they don't, what are you going to do, cut it down, there is nothing you can do." He then laughed and noted that he did not have time for this. Allen informed him that the timeframe for the citation had already started and that failure to comply with the provisions of the Land Development Code may result in the case being forwarded to the Collier County Code Enforcement Board, and that such action could result in fines up to $250.00 per day° The son did not want to hear about it any more, as he just walked away. March 1, 2002 - Mr. Kennette placed two calls to Nu-Cape Construction, as they installed the flagpole without permits. He received no replies. March 12, 2002 -- Gary Milmont of Nu-Cape Construction finally returned the calls and stated that he would.be getting a permit for the pole after he received the sealed engineering drawings and structural certificate. Mr. Milmont subsequently submitted his application for a permit but Mike Vignari, Sign Review Specialist, rejected it, noting that the size of the pole was seventy feet in height (70'), and the LDC allows only fifty feet (50') in height. He informed him that the he would first have to seek a variance for the height and that the variance would have to be approved by the Board of County Commissioners. March 12, 2002 - Mike Vignari received a phone call from Perkins restaurant owner Mr. Frank D'Agostino asking if he could help him obtain a permit. Mike advised him the height of seventy feet was too high and he could not obtain a permit, also Code Enforcement was involved with an active case. Mr. D'Agostino's son, John then got on the phone to advise Mike the pole was twenty feet in the ground and only fifty feet high. j. March 13, 2002 -Mr. Kennette, of Code Enforcement,spoke with Gary Milmont from Nu-Cape about the violation and was informed that the 50' pole was being ordered to replace the 70-foot pole. He asked that code enforcement to suspend action on the case while they wait for the 50-foot pole in order to preclude having to mobilize a crane twice - one for removal and again for installation of the 50-foot pole. Mr. Kennette informed Gary that it would not be a problem and noted that our interest was to work with him to get the violation corrected. k. March 15 2002 -- A permitting company submitted a sign permit with sealed engineered drawings indicating the height to be seventy feet, which Mike Vignari promptly denied and returned. I. March 21,2002 - Mr. Kennette again spoke with Gary from Nu- Cape. He stated that he was still waiting for the sealed drawings showing the 50-foot pole as per their conversation as per their conversation on March 13, 2002. m. April 10, 2002 - Code Enforcement Supervisor, Patty Pertulli, called for Gary Milmont to get an update on the case. Gary stated that the owner, Mr. D'Agostino, was intending to apply for a variance. n. April 12, 2002 -A request for a Pre-Application meeting was submitted indicating that no Notice of Violation was ever issued (it was in fact issued on February 12, 2002) and now stated that the height of the pole was 62 feet and not the 70 feet as indicated in the application from Nu-Cape, Gary Milmont. o. April 15, 2002, Bob Nonnenmacher of contractor licensing issued a $300 citation to Nu-Cape for installing the flagpole without a permit. p. Staff later learned that the general contractor, who built the Perkins Restaurant, had first contacted another contractor to install the 70' flagpole. That contractor informed the general contractor that a permit would first have to be obtained. We were told that the general contractor dismissed the first flagpole contractor and subsequently hired Nu-Cape to install the pole without applying for the required permit. Fiscal Impact: a. Cost for after the fact variance application..$_~2000 b. Cost for after-the-fact building permit. ~.40~3 Options: a. Approve the variance and in doing so accept the fact that the 73 feet pole will not be in harmony with the purpose and intent of the Land Development Code but note that the developer totally disregarded Collier County development codes and building procedures Deny the request noting that approval is not in harmony with the general intent of the Land Development Code. 5. Recommendation: Staff recommends denial of the variance. Sent by: PERKfNS RES'I'AUItAN'r & BAKERY gOl1666462; 01/10/03 2:bSFMj]etFax #254;Page 2/3 The Restaurant Company 6075 Poplar Avenue. SuiteS00 · Memphis, TN38119-4709 · (901)766-6400 · Fax (901)766-6,tf1Z www. perklnsmstaurants.com Robert J. Winters [~¢~ Pr~ldent Fr~nchls~ Relation~ &. Fr~chia~ Jmauary 10, 2003 VIA FACSIMILE Lisa Keeler Collier County, FL Re: Perkins Restaurant & Bakery 3585 Pine Ridge Road Naples, FL Dear Ms, Keeler, Per your conversation y~sterday with. Susan Blaekwood, this letter is to inform you and the Collier County Variance Committee of Perking' requirements regarding flagpoles on our restaurant sites. Perkins approved this site contingent upon our franchisee installing our standard 70' flagpole. (Please see site approval letter dated August 16, 2000.) I have included a copy of the standard site detail page from our Operations/Standards Manual that sets forth our flagpole requirements. (Please see attachment) The franchisee is required by the terms of his License Agr:ement with us to comply with these specifications and standards. (Please see License Agreement sections 3.B. and 8.) Perkins requires that its restaurants install a 70' flagpole and fly the largest square footage flag allowed. We believe that the tall flagpole, flying a large American flag, is not only a symbol of our country and our patriotism but also a key part of our corporate identity. We consider it crucial to the success of a Perkins restaurant. We would appreciate your support in obtaining this variance for our franchisee, If you need any additional information, or if we can be of further assistance, please don't hesitate to call Susan Blackwood or me. Vic, President, Franchise Relations cc: Frank D'Agostino Sent by: PERKINS RESTAURANT & BAKERY 9017866482; 01/10/03 2:55PMj~tFax_#254;Page 3/3 The Restaurant Company 6075 Poplar Avenue, Suite 800 - Memphis, TN 38119-4709 · (901) 766-6400 August 16, 2000 Frank D'Agostlno Mayfield Road, Inc. 5215 Old Gallows Way Naples, FL 34105-5658 RE: Naples, FL Dear Frank; Please accept this verification that your site located on Pine Ridge Road in Naples, FL has been approved for a Perkins.,.Re.staurant & Bakery subject to the following conditions: .., 1) 2) 3) Site layout will produce an approvable number of parking spaces 70' lighted flag pole Lease of 1-75 food exit'signs, both northbound and southbound Before construction can begin, the remainder of your application must be approved and a Commitment Agreement must be executed. In particular, the Officers of Perkins Restaurants must formally approve this project. We are delighted and optimistic about your development plans and look forward to working with you during this period. Since.rely, Susan a. Blackwoed Manager Franchise Administration CC; Bob Winters Pat OrR Steve Klass John King Larry Truhlicka - 22 Buzz Wires John Morris e~t by: PERKINS RESTAURANT & BAKEHY (3) specifications, standards end operating procedures utilized by Perkins restaurants, and any r~odllicaticns thereof; (4} (=) approved equipment, furniture, furnishings, signs, food products, operating materials and supplies; development and implementation of local advertising and promotional programs; end (6) general operating and management procedures of Perkins restaurants. In our discretion, we will furnish this guidance and assietanca to you in the farm of our confidential' operations manuel, bulletins, written reports end recommendations, or other written materials (all of which ere hereinafter referred to as the "Operations Manual"), Inepecflon reports for the RestaLIrarlt, refresher training programs and/or telephentG cz~nsultetlons et consultations at out offices or at the Restaurant. if you request, we will furnish additional guidance and asa[stance relative to the operation =f the Reel:outset at per diem fees and chargee wa establish from time to time. If special training of Restaurant personnel or other assistance In operating the R%taurant ia requested by you, and must take place at the Restaurartt, alt our expenses far suc, fl training, Including a per diem charge and {ravel, Iocat ~ransportetion, lodging and meal expenses for our personnel, must be paid by you. We will loan to you during the term of this Agreement one copy of the Operations Manuel whicll may consist of multiple parts anti/or volumes. The Operations Manual w~l contain mandatory and suggested specifications, stanVac'ds and operetta9 procedures we prescribe from time m time for Perkins restaurants and information relative to your obligations under this Agreement and in the operation of a Perkins .restaurant. We may modify fha Operations Manual from time to time to roi!ecl changes in the specifications, standards and operating procedures of Peri, ins restaurants, to disclose information concernln9 new Products and services which we may develop for sale at Perkins restaurants, to specify types, brands end models of equipment which you must utilize to produce and sell such new Products and services, and to epe~lfy changes In tile decor, format, image, Products, services and operation of a Perkins restaurant, You must keep your copy of the Oparatlnns Manual current by immediately Inserting all modified pages we furnish to you and c[estroying lhe then obsolete pages. In the event of a dispute relative to the conten~s cf the Operations Manuel, the master copies we maintain at our prtnGlpel office will be con,oiling. You may not at any time copy any part =f the Operations Manual, disclose any part of it te employees or others not I~aving a need to know Its contents for purposes of operating the Restaurant, or permit Its removal from the Restaurant without our prior approval. In the event a new version of the Operations Manual ia provided to you, you must Immediately return the then obsolete version to us. To the extent the Operations Manual contains any specification, standard or operatin{! procedure concerning the operation of the Restaurant, such provision shall be deemed to be incorporated into this Agreement. A. GOQDW!LL AND OWNERSHIP. OF MARKS. You acknowledge that your right to use the Marks Is derived sele{y ['rom this Agreement and is limited to your operation of the Restaurant pursuant to and in compliance with this Agreement and all appllcal31e standards, specifications and operating procedures we prescribe from time ~o time during the term el' the License. Any unau~hetize~ uso of the Marks 13y you will constitute a breach of this Agreement and an infringement of our rights In and to the Marks. You acknowledge and agree that all of your usage af ttle Marks and any goodwill established by your use of the Marks will inure to our exclaeive benefit, and the{ this Agreement does not confer any goodwill or other interests in the Marks upon you (other than the right to operate a Eerktns restaurant in compliance wi{h this Agreement). All provisions of this Agreement applicable ~o the Marks will apt31y to any othe~' tradema'ks, service marks and commercial symbols we later develop, authorize and license you to use. PERK[NS RESTAURANT & BAKEH¥ yOU after the payments are due or our commitment to extend credit to, or otherwise financ~ of, Me Rea~,=~l'ant. Furtller, you act~lowledge that y~ur failure to pay all amounts when due will constitute grounds for termination of ~his Agreement, aa provided in Section 14 of this Agreement, notwithstanding the provt$1mls of this Section 7C. D. ~APPIEICATION OF.PA..YM F--NTS. No[wltl~tendlng your designation, we wiII tiara sole discretion to'appty any of yoar payments to any of your peat due Indebtednaaa for initial or royalty fee~, Merketir~l Fund contributions, purchases ua ct our subs~iarle~ or affiliates, Interest or any oilier outetanding Indebtedness in such order end amount~ a~ we may elect. The acceptance of a pe~al or tare payment will not r, onatitute, a Waiver of any cf our right~ or remedies contained in this Agreement. I~.ESTAUP~NT oPEP.~TING STANDeR_DS. A. CONDITION. APPEA_.RANCE AND OPERATION OF .THE RESTAURANT. You agree that: (1) nellher the Restaurant nor the Premises will be used for any purpose other than the operation of a Perkins restaurant in compliance with this Agreement; (2) you will maintain the condition and appearar~e of the Restaurant, Ira equipment, furniture, furnishings, tioga, signs end the Premises In ac£ordanoe with our speelflcatione end atandards as in afloat from time to time and conalatent with Image of a P~'kins restaurant as a~ efficiently operate~ business offering high quality food service and observing the highest atandards of clean,incas and sanitarian; (3) you will perform all periodic maintenan~'-e with rest3ect to the decor, equipment, furniture, furnlat~lngs and signs of the Reataurant and the Premisaa that Is raqulre~ from time ta time to maintain such ~onditlon, appearance and efficient operation, Including, without limitation: (a) thorough cleaning, rapelntlng and redecorating of the intedor end exterior af the Premises at reaeonable Intervals; (b) in,riot and exterior repair of the Pmmis, as; and (c) repair or replacemem of damaged, worn out or obsolete equipment, furniture, furnishings, fla~ and s~ns. y~u ~11 not ma~e any ~aterial alterations to the P~mises, or t~ the appearance of the Restaurant ~ oflgin~y dove, pad, withaut our ~lor ~lflen approval; ~ h~e the right to require fiat you mm~de[, mdeeara~, m-e~ip, modemEe and refurnlsh ~e Pmml~ ~d the Restaurant to reflect any ~hanges p~la~ that at the time of ~r ~uest, at least 25% of ~r ~mgany e~ed and opened restaura~s meet such etand~ds and speelfl~ttone. Y~ underst~d th~ eu~ remodeling, redecorating, re-equipping, m~ernl~tl~ or re~urnlehing may req~ a substantial tnvaatment on ~ur pa~ and ~at we ~t make any gua~ntee of any ~tcul~ r~m on t~at Investment. We bare the rlgh~ approve ~e layout, designs, and n~ equIpm~t, furniture and ~rnt~lnga you use in any re~del~g, radac~ating ~nd to.equipping; end EXECUTIVE SUMMARY VA.2002-AR-3332, VINCENT A. CAUTERO, AlCp OF COASTAL ENGINEERING CONSULTANTS, INC., REPRESENTING HENRY WESTFORTH OF WESTFORTH CONTRACTING, INC., REQUESTING APPROVAL OF A 1.5-FOOT VARIANCE IN THE PELICAN BAY PUD FROM THE REQUIRED 10-FOOT SIDE YARD SETBACK TO 8.5- FEET, IN ORDER TO CONSTRUCT A SECOND STORY ADDITION TO THE EXISTING SINGLE-FAMILY DWELLING ON PROPERTY LOCATED AT 6962 GREENTREE DRIVE, PELICAN BAY UNIT 13, LOT 14, SECTION 4, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of County Commissioners consider a request for a 1.5-foot variance from the required 10-foot side yard setback to allow the construction of a second story addition to the existing single-family dwelling. CONSIDERATIONS: The petitioner is requesting a 1.5-foot variance from the required 10-foot side yard setback as required in the Pelican Bay PUD for a proposed second story addition to an existing single- family dwelling. The amount of the variance requested is for a triangular shaped section that is 1.5-feet wide at the southwest end by 11-feet long and O-feet wide at the southeast terminus. The subject property is located at 6962 Greentree Drive, further described as Pelican Bay Unit 13, Lot 14, in Section 4, Township 49 South, Range 25 East. The subject project is consistent with the Future Land Use Element of the Growth Management Plan and Land Development Regulations. The petitioner has advised property owners within 150 feet of the subject site of the requested variance. FISCAL IMPACT: Approval of this variance will have no fiscal impact on Collier County. JAN 1~ 2003 GROWTH MANAGEMENT IMPACT: The site has an Urban Residential Land Use designation on the County's Future Land Use Map. The Growth Management Plan does not address individual variance requests; the Plan deals with the larger issue of the actual use. Approval of this variance request will not affect or change the project's consistency with the requirements of the GMP. ENVIRONMENTAL ISSUES: The site of the proposed expansion has been previously developed, so an environmental impact statement was not required. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Environmental Advisory Council (EAC) does not normally hear variance petitions. PLANNING COMMISSION RECOMMENDATION: The Planning Commission continued hearing of the petition until January 2, 2003. The deadline for this executive summary occurred prior to the hearing with the Planning Commission. Therefore, the findings of the Planning Commission will be presented to the BCC verbally. PLANNING SERVICES STAFF RECOMMENDATION: Staff has analyzed the guidelines associated with the variance request, and has determined that there are not special conditions or circumstances that warrant approval of this variance. Staff offers that denial of this preconstruction variance is the appropriate action. Therefore, Planning Services staff recommends that the CCPC forward Petition VA-2002-AR-3332 to the BZA with a recommendation of DENIAL. JAN 1 2003 PREPARED BY: DATE REVIEWED BY: SUS,/(N MURRAY, AICP PLANNING MANAGER ,;"(.'L.~/,~.~ MARGARET/,yVUERSTLE, AICP PLANNING SERVICES DIRECTOR la- / ~-oz._ DATE /2--~ ? --~,'z...., DATE APPROVED BY: /JOSEPH I~. ~(~HMITT/ DATE //~OMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR VA-2002-AR-3332 JAN 16 2003 MEMORANDUM TO: FROM: COLLIER COUNTY PLANNING COMMISSION CURRENT PLANNING SECTION; PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: NOVERMBER 25, 2002 SUBJECT: PETITION VA-2002-AR-3332 AGENT/APPLICANT: AGENT: Vincent A. Cautero, AICP Coastal Engineering Consultants, Inc, 3106 South Horseshoe Drive Naples, FL 34104 APPLICANT: Henry Westforth. Westforth Contracting, Inc. 5180 Palmetto Woods Drive Naples, FL 34119 REQUESTED ACTION: The petitioner is requesting a 1.5-foot variance from the required 10-foot side yard setback as required in the Pelican Bay PUD for a proposed second story addition to an existing single-family dwelling. The amount of variance requested is for a triangular shaped section that is 1.5-feet wide at the southwest end by 11-feet I~ng and O-feet wide at the southeast terminus. GEOGRAPHIC LOCATION (See Attachment A):. The subject property is located at 6962 Greentree Drive, further described Bay Unit 13, Lot 14, in Section 4, Township 49 South, Range 25 East. Petition VA-2002-AR-3332 as Pelican JAN 1 ~ 2003 PURPOSE/DESCRIPTION OF REQUEST: The existing single-family dwelling was constructed in 1992 under building Permit No. 920010204. It is presently developed as a single story, and the applicant wishes to add a second story portion. Because the structure is not parallel to the property line on the south side, a triangular shaped portion of the desired addition will encroach into the required 10-foot side yard setback line. The addition as proposed will cause a triangular shaped encroachment that measures 1.5-feet wide at the southwest front comer of the structure by 11-feet long tapering to O-feet wide at the southeastem terminus. See Attachment "C". GROVVTH MANAGEMENT PLAN CONSISTENCY: The site is located in the Urban Residential Land Use Designation on the County's Future Land Use Map. The Growth Management Plan does not address individual variance requests; the Plan deals with the larger issue of the actual use. As previously noted, the subject petition seeks a variance for a proposed second story to an existing single-family home that is located in a PUD which is an authorized use in this land use designation, therefore, the single family home use is consistent with the Future Land Use Map. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element. LAND USE AND ZONING (See Attachment B)' Subject: Surrounding: North - East - South - West - Pelican Bay PUD, Residential Lot 14 of Unit 13 Pelican Bay PUD, Residential Lot 15 of Unit 13 Lake or water feature Pelican Bay PUD, Residential Lot 13 of Unit 13 Greentree Drive, internal two-way street Petition VA-2002-AR-3332 JAN 2003 Greentree Drive EVALUATION FOR IMPACTS TO TRANSPORTATION~ INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infrastructure, transportation or the environment. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes. The lots within this unit of Pelican Bay PUD are long and trapezoidal which creates a situation that the side yard is not uniform with the length of the house. The side yard first story setback on the southwest side of the property, at its narrowest point is 8.5-feet, while at the first story southeast corner of the structure setback measures 12.5-feet. The existing structure is not parallel to the property lines, which exacerbates the setback conditions of the proposed addition. See Attachments "C"- "H". ' (.~---- 'N~, Petition VA-2002-AR-3332 JAN 1 ~ 2003 bJ Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? Yes. As previously noted the subject structure is not parallel to the property lines. Will a literal interpretation of the provisions of this unnecessary and undue hardship on the applicant difficulties for the applicant? zoning code work or create practical No. If this variance were not approved, the applicant could re-design a smaller addition to the home, which meets the required setbacks. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Yes. The variance proposed is believed to meet the purpose and intent of the zoning distdct and allow a reasonable use of the land. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, The granting of the variance will allow for a reduced side yard setback that is not permitted for other structures in this zoning district. In addition, no similar variances have been granted in this neighborhood. f. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No. The variance, if approved, would allow the applicant to construct a second story addition that is not consistent with the Pelican Bay PUD setback requirements. The proposed second story addition would overshadow the property immediately to the south. Staff conducted a site inspection on November 22, 2002. Accompanying staff was Mr. Bill Walters, Director Covenant Enforcement for The Pelican Bay Foundation, Inc. Mr. Walters offered that variance requests of this nature were not favored by the Foundation. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes. The layout of the structures and the configuration of the lots i provide a diverging separation between structures and an open view t~ lake in the rear of the properties which would lessen the encroachment's Petition VA-2002-AR-3332 ,warl~,the ~ ~'-"---i ,isibility. JAN 1~ 2003 he Will granting the variance be consistent with the Growth Management Plan? Approval of this variance petition will not affect or change the requirements of the Growth Management Plan. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions. PLANNING SERVICES STAFF RECOMMENDATION: Staff has analyzed the guidelines associated with the variance request, and has determined that there are not special conditions or circumstances that warrant approval of this variance. Staff offers that denial of this preconstruction variance is the appropriate action. Therefore, Planning Services staff recommends that the CCPC forward Petition VA-2002-AR-3332 to the BZA with a recommendation of DENIAL. PUBLIC INPUT: As of the date this staff report was prepared (November 25, 2002) no letters, either in support of, or in opposition to, this petition have been received. G:VA2002AR3332112502 Petition VA-2002-AR-3332 JAN I 2003 PREPARED BY: DON PRII~ REVIEWED BY: DATE APPROVED BY: J~~MITT, ADMINISTRATOR DATE ~... M U_N IT~. D_Ecollier Cou ntyP ~ Ln~;/toNrnTm&i;s~oVi ~ON M E N TAL SERVICES DIVISION KENNETH L. ABERNATHY, CHAIRMAN DATE Staff report for the Collier County Planning Commission Meeting Tentatively scheduled for the 2002 Board of County Commissioners Meeting Attachments: A. Location/Site Map B. Reduced Copy Zoning Map C. Site Plan D. Floor Plan E. Front Elevation F-H. Photos Petition VA-2002-AR-3332 JAN 1~ 2003 i I JAN 1 ~ ./ ~B ATTACHMENT "B" VA-2002-AR-3332 PROJECT #2002090087 , DATE: 11/5/02 PELICAN BAY UNIT 13 LOT 14 PROPERTY I.D. # 74602001 LOT SIZE 0.40 ACRES "t 10' Utility 5,.,4~pholt Walk ~ ~ PROJE _ ~ ~h~_~_~.~ D ~TE: 11/5/02 ,EN "C" PELICAN BAY UNIT 13 LOT 14 PROPERTY I.D. # 74602001 LOT SIZE 0.40 ACRES PELICAN BAY U'NIT 13 LOT 14 PROPERTY I.D. # 74602001 LOT SIZE 0.40 ACRES ;.ECC~.,a.T' cE 2N~, LIV. =!1,4. c ;C.O ,~..,R/.TC~ f~ATI'ERN ~r ESt.llL~F--~ TO O~ 2N~ FL. TO C.OhlTthu'E UP VARIANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRICT) Petition No. Commission District: VA-2002-AR-3332 Date Petition Received:. PROJECT #2002090087 DATE: 11/5/02 Planner Assigned: DON SCHNEIDER ABOVE '1'O BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: Henry Westforth Petitioner's Address: Wesfforth Contracting, Inc., 5180 Palmetto Woods Drive Naples, Florida 34119 Telephone: (239) 455-0272 Fax#: (239) 455-8416 E-Mail Address: hwcil~aol.com Agent's Name: Vincent A. Cautero, AICP Agent's Address: Coastal Engineering Consultants, Inc., 3106 South Horseshoe Drive Naples, Florida 34104 Telephone: (239) 643-2324 ext. 120 Fax#: (239) 643-1143 E-Mail Address: vcautero~cecifl.com Application for Variance Petition - 6/24102 Page COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: N/A Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State~ZiR Name of Homeowner Association: Mailing Address City State ~ Zip Name of Master Association: N/A Mailing Address City State __ Zip Name of Civic Association: N/A Mailing Address City State ~ Zip PROPERTY DESCRIPTION: Legal Description of Subject Property: Subdivision: Pelican Bay Unit 13 Section 4 Twp. 49S Range 25E Acreage Number: 0.40 acres Metes & Bounds Description: See attached survey Lot (s) 14 Block (s), Property I.D. # 66674602001 Application for Variance Petition - 6/24/02 P~ Address of Subject Property: 6962 Greentree Drive, Naples, Florida 34108 (If different from Petitioner's address} Current Zoning and Land USe of Subject Parcel: Planned Unit Development and Urban Residential Subdistrict, respectfull~. Adjacent Zoning & Land Use: ZONING LAND USE N PUD~ Residential~ S PUD~ Residential W ,~UD~ Residential~ E _PUD~ Residential Minimum Yard Requirements for Subject Property: Front: 30'~ Comer Lot: Yes [-] No 15~ Side: 7 1/2' - one stor~ 10'-two story_ Waterfront Lot: Yes [--] No ~ Rear: 25' Application for Variance Petition - 6/24/02 Pag JAN 16 2003 Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. The request is for a variance, prior to construction, that will allow an encroachment of one foot ± into a side setback requirement. The issues centers around a second story addition to an existing structure. The attached shows the area impacted by the new construction. It is approximately one foot by 11 feet. The existing building sits askew to the property line on the south side resulting in only a very small length of the side wall being near the setback line. The homeowners have approved a design of a second story addition and made arrangements for their contractor, Mr. Henry Westforth, to proceed. Upon completion of the Record Survey by A. Trigo & Associates, Inc., it was discovered that if the improvements were constructed as drawn, an encroachment of one foot ± would be present into the side yard setback for a short section of the side wall of the second floor addition (refer to Exhibit A). The owners are desirous of retaining the original drawings for the improvement and believe the encroachment is minor and will have no impact upon surrounding property owners. The contractor met with a representative of the Pelican Bay Foundation, Mr. Bill Walters, regarding the homeowners construction plans. While the foundation has not endorsed the variance request, no opposition has been forthcoming. The house was constructed 1992 under building Permit No. 920010204 and was purchased by Mr. and Mrs. Samuel Arlen in 1999. Application for Variance Petition - 6/24/02 Pag~ JAN 1 2003 4 Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of Zoning Appeals, and that the Board of Zoning Appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-8). (Please address this criteria using additional pages if necessary.) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. Inasmuch as the lots within this particular Unit of Pelican Bay are long and rectangular, the side yard setback is not uniform with the length of the house. For example, the side yard setback on the south side of the property at its narrowest point is 8.5', which exceeds the minimum side yard setback of 7.5' by 1'. The back end of the house is 12.5' from the property which exceeds the setback by 5'. The existing building sits askew to the property line on the south side resulting in only a very small length of the sidewall being near the setback line. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. No Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Yes. A practical difficulty for the homeowners would be experienced. The encroachment is diminimus. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. Yes. The distance between the house and the neighboring house is 21 1/2 feet, which provides ample space to promote health, safety, and welfare of adjacent property owIlers. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. Granting of this variance is not viewed as a special privilege in that the side exceeded and that the second story setback is in substantial compliance. The re a slight encroachment as indicated above. Application for Variance Petition - 6/24/02 Page $ o [bac~ are ~ 0 uesiT~'"~ JAN 1 2003 Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Yes. The protection afforded by the setbacks imposed by Collier County and the Pelican Bay Foundation will not be comprised if this petition is granted. As stated previously there is ample distance between houses even with the slight encroachment. 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. No. 8. Will granting the variance be consistent with the growth management plan. Yes. The Growth Management Plan is not impacted by this request. Application for Variance Petition - 6/24/02 Pagl JAN I 2003 VARIANCE PETITION APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! RE Q UIREMEN TS # o COPIES REQUIRED 1. Completed Application 15 2. Completed Owner/Agent Affidavit, Notarized 1 3. Pre-application notes/minutes 15 4. Survey of property, showing the encroachment 1 (measured in feet) 5. Site Plan depicting the following: 15 a) All property boundaries & dimensions b) All existing and proposed ~tructures (labeled as such) c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Location map depicting major streets in area for 1 reference 7. Pre-Application fee, Application fee and Data _ Enclosed Conversion fee, checks shall be made payable to Collier County Board of Commissioners 8. Other Requirements- - As the authorized agent/applicant for this petition, I attest that ail of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary/~bmittal information may result in the delay of processing of this petition. Applicant/Agent Signature Date Application for Variance Petition - 6/24102 JAN 1 ~ 200:3 Pa ; t or :, O~t 14 02 OG:32a WESTFORTH COMTR~CTING I~C 941-455-941G .4FFIDA ;F~/L Samuet and doan .4flea being fi~s: duty swum, depose ar.d s~U lhat we/I aw.'are :he oa,ners of the property described herein and which is the s,abject matter of the proFosed healing: that al! the answers :o the q:mstions in this appl:cation, including ttai disclosure o£ interest information, all s'ketches, datc~ and other supplementa,? matter attached to and made'a ~art q£ thi3' app!icatian, are honest and true to the best of our knov,'tedge ~;d belie]'. Well understand that the information re7t¢ested on th& application must be complete and accurate and that the content of this form, whether computer generated or Couno' printed shcdl not ge c!tered Public hearings wil! not be advertised until t~tt a, vFlica!ion :.s d-'z'med completz, a~?d alt required indbrmaticn has been submitted. ,4 s property owner ;}'e,/I fitrther authorize Vincent A. Crm~'ero. ..Lr(?p, and Henr. y West£orth to act cc~ o'~¢r, bLv repre~,'entatives ~n any mar:ers regarding this J-~etition. Signature of ?rofier¢~, Owner T)Fed or Prir. ted Name of O3veer T)ped or Pr!nted ~Vame of Owner .regomg instrument was actcaow!edged be~bce me this [ ~ da,, of ~ ., - ~ ~.~-'-'a . .... _, ...... who is_~d~i~nally .b~oven to me or has produced · ' as identification. ~ ~'~ ~r~.... State of ~¢lorida ~' ~-- (otg.~l~ O~ ~Ota~ ~ZiOttC - ~tare (Print, Type, or Stamp Name of Notary Pztblic~) N ola bt,' flub .No. Applicalioa for Variance Petition - 6/24i02 ,.,. o15 RESOLUTION NO. 02- ,, RELATING TO PETITION NUMBER VA-2002- AR-3332, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for thc protection of the public; and WHEREAS, thc County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 1.5-foot variance from the required side yard setback of 10 feet to 8.5 feet as shown on the attached plot plan, Exhibit "Ar, in a "PUD" Zone for thc property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning ali applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW, THEREFORE, BE 1T RESOLVED BY the Board of Zoning Appeals of Collier County, Florida, that: The Petition V-2002-AR-3332 filed by COASTAL ENGINEERING CONSULTANTS, INC., representing SAMUEL & JOAN ARLEN, with respect to the property hereinafter described as: 6962 Greentree Drive, Site 14, Pelican Bay Unit Thirteen, as recorded in Plant Book 16, Pages 80 through 86 of the Public Records of Collier County, Florida. be and the same hereby is approved for a 1.5-foot variance from the required side yard setback of 10 feet to 8.5 feet as shown on the attached plot plan, Exhibit *A", of the "PUD" Zoning District wherein said property is located, subject to the following conditions shown in Exhibit "B".' AC, EN~A ITEM JAN 1 6 2003 BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA-2002-AR-3332 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ., <Text22>. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLOR/DA Approved as to Form and Legal Sufficiency: JAMES N. COLETTA, CHAIRMAN Maxjorie M. Student Assistant County Attorney JANl 2003 I EXItIBIT "A" PELICAN BAY UNIT 13 LOT 14 PROPERTY I.D. # 74602001 LOT SIZE 0.40 ACRES oral Area of 10' Utility 5, .~hO/t Wolk JAN 1 ~ 2003 PROJECT #200 --- · sis~plat --" DATE: 1115102 n c,~l,~,~ ,~('T-INF. IDF. R CONDITIONS OF APPROVAL VA-02-AR-3332 The vadance granted is limited to the side yard encroachment for the proposed second story addition to the dwelling along the southern property boundary as depicted and more particularly described in the applicant's "Site Plan," dated November 5, 2002. This site plan is included as Exhibit A; and If the residential dwelling structure is destroyed for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, all reconstruction of the structure and accessory structures must conform to the provisions of the Land Development Code in effect at the time of reconstruction. EXHIBIT "B" - VA-02-AR-3332 JAN ! ~ 2003 EXECUTIVE SUMMARY PETITION: PUDA-2002-AR-2702, D. WAYNE ARNOLD OF Q. GRADY MINOR, P.A., REPRESENTING WESTBURY PROPERTIES, INC., REQUESTING A REZONE FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT FOR THE PURPOSE OF AMENDING THE LANDS END PRESERVE PUD BY REDUCING THE TOTAL NUMBER OF DWELLING UNITS FROM 786 UNITS TO A MAXIMUM OF 725 UNITS, ADDING APPROXIMATELY 6.5 ACRES OF PRESERVE AREA, ADDING A 3.3-ACRE NEIGHBORHOOD VILLAGE CENTER FACILITY, AND INCREASING THE MAXIMUM HEIGHT LIMIT OF THE MULTI-FAMILY DWELLING UNITS TO A MAXIMUM OF 75 FEET OVER ONE LEVEL OF PARKING FOR PROPERTY LOCATED ON THE WEST SIDE OF BAREFOOT WILLIAMS ROAD AND NORTH OF THE ROOKERY BAY AQUATIC PRESERVE IN SECTIONS 4 AND 5, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner is requesting a rezone from "PUD" to "PUD" Planned Unit Development for the purpose of amending the Lands End Preserve PUD as noted above and to make sure that the project is consistent with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The currently approved 262.9-acre Lands End Preserve PUD (Ordinance Number 94-43) allows for a mix of 786 single and multi-family residential dwelling units. Depending on market conditions, churches and/or nursing homes may be constructed in lieu of some of the dwelling units. The maximum building height for the multi-family structures is 50 feet over parking. Due to changing market conditions, the petitioner now wishes to revise the PUD Master Plan to reflect current wetland jurisdictional refinements to the residential tract lines. They are also proposing to decrease the maximum number of dwelling units from 786 units to 725 units while adding approximately 6.5 acres of preserve areas and 3.3-acres for a Neighborhood Village Center facility. Other changes include increasing the maximum height limit of the multi-family category from 50 feet over two levels of parking to 75 feet over one level of parking. The revised Master Plan depicts the residential/golf course development scheme that includes the option for a Neighborhood Village Center. The revised plan has modified the preserve area boundaries along with the internal road location. FISCAL IMPACT: Since this petition is initiated as an amendment to the development standards and reducing the maximum number of dwelling units from 786 units to 725 units as provided in Ordinance Number 94- 43, this petition will not increase the previously determined fiscal impact on the County. However, if this amendment achieves its objective, the land will be developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. JAN 1 t+ 2003 The County collects impact fees prior to the issuance of building permits to help offset the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: The subject property is located in the Urban Mixed Use District, Urban Coastal Fringe Sub-District, as depicted on the Future Land Use Map (FLUM). Relative to the petition, the maximum allowable density in the Urban Coastal Fringe Designation is 4 units per acre. However, under the County's density rating system (DRS), one unit per acre is subtracted due to the project's location within the designated "Traffic Congestion Area". Therefore, the allowable density for Lands End Preserve is 3 units per acre. The currently approved gross density for the development is approximately 2.99 units per acre. The proposed gross density will be approximately 2.76 units per acre, and is therefore consistent with the density requirement for the Designation. The PUD also allows a 10,000 square foot commercial area. The revised PUD Document indicates that this commercial area is consistent with the County's PUD Neighborhood Village Center Sub- district as noted below. 1. The neighborhood Village Center cannot exceed 4.5 acres. The proposed PUD limits the Village Center to 3.5 acres. 2. The PUD references that the Village Center will be consistent with the maximum floor area ratio of 0.25 for the commercial component. 3. The PUD references that the Village Center will be consistent with the list of uses as provided for in the LDC for this district. The proposed PUD amendment requires the neighborhood village center to be a unified, and architecturally integrated plan of development with common ownership of all of the property that comprises the neighborhood village center. o The proposed PUD amendment is consistent with the locational criteria and functional operating characteristics (as noted in the staff report) that characterize the neighborhood village center. The PUD indicates that the Village Center will not allow commercial building construction within the neighborhood village center until building construction has commenced on at least 30 percent of the residential dwelling units in the PUD. 2 JAN 1 Based on this condition, the Comprehensive Planning Staff has deemed the proposed amendment to be consistent with the Future Land Use Element (FLUE) of the Collier County Growth Management Plan. ENVIRONMENTAL ISSUES: The subject site has been altered in the past by agricultural activities, and is now heavily overgrown with Brazilian pepper. The site contains approximately 35.8 acres of South Florida Water Management District/Collier County jurisdictional wetlands. The Environmental Impact Statement (EIS) indicates that mitigation for impacts to jurisdictional wetlands will be through preservation and enhancement of the remaining wetlands and uplands on-site. Enhancement will consist of exotic vegetation removal. Additional mitigation may be required during the Environmental Resource Permit (ERP) process. Therefore, the Environmental Services staff has recommended approval subject to stipulations contained in the EAC Staff Report. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The petitioner was required to submit an updated Environmental Impact Statement (EIS) due to the proposed refinements to wetland jurisdictional boundaries. The Environmental Advisory Council (EAC) heard this item during their December 4, 2002 meeting and they recommended approval by a 5 to 1 vote and with 2 abstentions. The one member who voted for denial indicated a concern that the proposed increase in the maximum building height would adversely impact the view corridor from the Rookery Bay Aquatic Preserve. The members voting for approval indicated that the proposed amendment did not adversely impact any on-site wetland areas and they noted that the Conservancy did not object to the revised maximum height of 75 feet over one level of parking. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) reviewed this petition during their public hearing on December 5, 2002. By a 4 to 3 vote, the CCPC forwarded Petition PUDA-02-AR-2702 to the Board of County Commissioners (BCC) with a recommendation of approval subject to staff stipulations and the following changes. · Structures located within 200 feet of the eastern property line shall be limited to a maximum height of 35 feet. · Revise Section 6.7 of the PUD to reference the phasing schedule for roadway improvements to Barefoot Williams Road. · Limit the maximum height of accessory structures to 30 feet. · Eliminate the high-rise definition from the PUD Document. · Revise the wording describing the height of the gatehouse and walls. The Planning Commissioners voting for approval found this petition to be consistent with the GMP and is also compatible with the surrounding development. The members voting in opposition indicated that the proposed increase to the maximum building height would adversely impact the vew corridor from the Rookery Bay Aquatic Preserve and that buildings of 75 feet over one story of pa not be compatible with the adjacent properties. As a result, this petition could not be p Summary Agenda. 3 'king ~~rJa/~_ acedl~l~_ m,, c)_ I"Y JAN 1 Z003 PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of Petition PUDA-02-AR-2702 subject to staff stipulations that have been included into the amending Ordinance and PUD Document included in this Executive Summary. PREPARED BY: DATE REVIEWED BY: C~ PLANNING SE~~ /,~./o7. oZ. DATE APPROVED BY: ;T~RATOR vlMUNITY DEV. AND ENVIRONMENTAL SVCS. PUDA-02-AR-2702/EX SUMMARY/RVB/rb 4 JaN 1 ~ 2003 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNI"Y DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: NOVEMBER 20, 2002 PETITION NO: PUDA-02-AR-2702, LANDS END PRESERVE PUD AGENT/APPLICANT: Agent: D. Wayne Arnold, AICP Q. Grady Minor P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Owner: Westbury Properties, Inc. 2200 Gordon Drive Naples, Florida 34102 Richard D. Yovanovich Goodlette, Coleman and Johnson 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 GEOGRAPHIC LOCATION: The subject PUD is located on the west side of Barefoot Williams Road and north of the Rookery Bay Aquatic Preserve in Sections 4 & 5, Township 51 South, Range 26 East. (See illustration on the following page) REQUESTED ACTION: The petitioner is requesting a rezone from "PUD" Planned Unit Development to "PUD" for the purpose of amending the Lands End Preserve PUD PURPOSE/DESCRIPTION OF PROJECT: The currently approved 262.9-acre Lands End Preserve PUD (Ordinance Number 94-43) was first approved September 13, 1994 and has not been previously amended. The project is currently approved for a mix of 786 single and multi-family residential dwelling units. Depending on market conditions, churches and/or nursing homes may be constructed in lieu of some of the dwelling units. The maximum building height for the multi-family is 50 feet over parking. Due to changing market conditions, the petitioner now revise the PUD Master Plan to reflect current wetland jurisdictional determina JAN I 2003 Q GRADY MINOR 12399470375 11/04 '02 09:31 N0.561 02/03 2003 refinements to the residential tract lines. They are also proposing to decrease the total number of dwelling units fi.om 786 units to a maximum of 725 units while adding approximately 6.5 acres of preserve areas and 3.3-acres for a Neighborhood Village Center facility. Other changes include increasing the maximum height limit of the multi-family category fi.om 50 feet to allow 75 feet over one level of parking. The proposed Master Plan depicts the residential/golf course development scheme and includes the option for a Neighborhood Village Center. The proposed plan has revised the preserve area boundaries along with the internal road location. SURROUNDING LAND USE AND ZONING: Existing Conditions: The subject site is undeveloped and zoned Lands End Preserve PUD. Surrounding- North: East: South: West: Developed single family residential and zoned "A" Agricultural. Developed residential with a golf course. The property is zoned Eagle Creek PUD with a density of 1.58 units per acre. Undeveloped Rookery Bay Aquatic Preserve and zoned "A" & "CON". The undeveloped Lely Lakes Golf Resort PUD that is approved for 599 dwelling units along with a golf course. 2 JAN 1 2003 PS._ ~ GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is located in the Urban Mixed Use District, Urban Coastal Fringe Sub- District, as depicted on the Future Land Use Map (FLUM). Relative to the petition, the maximum allowable density in the Urban Coastal Fringe Designation is 4 units per acre. However, under the County's density rating system (DRS), one unit per acre is subtracted due to the project's location within the designated "Traffic Congestion Area". Therefore, the allowable density for Lands End Preserve is 3 units per acre. Future Land Use Element - The currently approved gross density for the development is approximately 2.99 units per acre. The proposed gross density will be approximately 2.76 units per acre, and is therefore consistent with the density requirement for the Designation. The PUD also allows a 10,000 square foot commercial area. The revised PUD Document indicates that this commercial area is consistent with the County's PUD Neighborhood Village Center Sub-district as noted below. Land area requirement. The gross acreage of the neighborhood village center shall be sized in proportion to the number of housing units authorized in the PUD... The maximum size shall be 15 contiguous acres. The LDC indicates that the neighborhood Village Center cannot exceed 4.5 acres. The proposed PUD limits the Village Center to 3.5 acres. 2. Maximum floor area ratio: 0.25 for the commercial component. Thc PUD references that the Village Center will be consistent with this criterion. 3. Permitted Uses: The PUD references that the Village Center will be consistent with the list of uses as provided for in the LDC for this district. Unified plan of development and common ownership. The neighborhood village center shall be a unified, and architecturally integrated, plan of development with common ownership of all of the property that comprises the neighborhood village center. The proposed PUD is in compliance with this stipulation. Locational criteria and functional operation. The following iocational criteria and functional operating characteristics shall characterize the neighborhood village center: The neighborhood village center must be internally located within the PUD such that the site has no direct access to roads external to the PUD. The center must be located a minimum of 660 feet from the nearest external roadway providing access to the PUD. The center must be located a minimum of 330 feet from the perimeter boundaries of the PUD. The proposed Village Center is located a minimum of 660 feet nearest external roadway providing access to the PUD. The cent~ located a minimum of 330 feet from the perimeter boundaries of the P 'om the ~ ID. I~._'"t~' ' ~' JAN1 2003 The neighborhood village center shall be located within a 1,760-foot radius (1/3 mile) of at least 80 percent of the total number of approved residential units. The Village Center is centrally located and therefore, meets the intent of this criterion. The neighborhood village center shall be pedestrian-friendly meaning minimal dependency upon access by automobiles and with location and design to encourage pedestrian access, which shall be reflected in the pedestrian walkway system for the entire PUD. This requirement is met. The entire residential development, as proposed, contains sidewalks connecting to the village center. e Phasing of development. No commercial building construction in the neighborhood village center shall be allowed until building construction has commenced on at least 30 percent of the residential dwelling units in the PUD. The PUD references that the Village Center will be consistent with this criterion. Based on this condition, the Comprehensive Planning Staff has deemed the proposed amendment to be consistent with the FLUE. Transportation Element - The Traffic Impact Statement (TIS) that was submitted with this petition indicates that no additional trips will be generated due to the reduction of the maximum number of dwelling units. Based on staff's analysis of the request, the proposed amendment will not degrade the level of service of any roadway links within the project radius of development influence. The projected traffic volume in 2004 on Collier Boulevard from Manatee Road to New York Drive is estimated to be 41,531 AADT (Annual Average Daily Traffic) and results in a Level of Service "C" operation. In addition, US 41 from Rattlesnake-Hammock Road to Collier Boulevard is estimated to have a traffic volume of 27,808 AADT, which results in a Level of Service "C" operation. As a result, the impact of the project traffic volumes on the roadway network is not significant. The site-generated traffic will not degrade the level of service of any of the roadway links within the project's radius of development influence. Therefore, the petition is consistent with Policies 5.1 and 5.2 of the Transportation Element. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code if during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacl ',d. JAN ! 2003 4 ENVIRONMENTAL, TRANSPORTATION & INFRASTRUCTURE: This petition was referred to the above referenced County agencies for their review. Since no additional acreage or dwelling units have been added to this PUD, no level of service (LOS) standard will be adversely affected by this amendment. As a result, these agencies have recommended approval. The subject site has been altered in the past by agricultural activities, and is now heavily overgrown with Brazilian pepper. The site contains approximately 35.8 acres of South Florida Water Management District/Collier County jurisdictional wetlands. The Environmental Impact Statement (EIS) indicates that mitigation for impacts to jurisdictional wetlands will be through preservation and enhancement of the remaining wetlands and uplands on-site. Enhancement will consist of exotic vegetation removal. Additional mitigation may be required during the Environmental Resource Permit (ERP) process. Therefore, the Environmental Services staff has recommended approval subject to stipulations contained in the EAC Staff Report (See Exhibit "C"). Because the Environmental Advisory Council (EAC) did not have a quorum during their November 6, 2002 meeting, this petition was rescheduled for the December 4th meeting. It should be noted that the Community Development Administrator has determined that this petition can proceed to the Collier County Planning Commission one day after the EAC meeting since the proposed amendment does not adversely impact the preserve areas. Staff will verbally present the EAC findings and recommendations to the Planning Commission during their public heating. Lastly, the Transportation Department has recommended approval subject to the development commitments contained in the PUD Document. EVALUATION: 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 use change, be they positive or negative, culminating in a staff recommendation. The review criteria are specifically noted in Section 2.7.2.5 and Section 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 by the Planning Commission to the BCC for either approval or denial. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of its related elements (See Exhibit "A" and Exhibit "B"). Relationship to Future Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The currently approved PUD has already been found to be consistent with the GMP while the proposed PUD amendment reduces the number of dwelling units permitted within this PUD. Based on this condition, the Com rclm~ND,~iT,EMA Planning Staff has deemed the proposed amendment to be consistent with ae C~P. JAil ! 2003 5 Regarding the matter of timing, it should be appreciated that urban development is adjacent to the north and east sides of the subject site. After considering the availability of community infrastructure and services it is clear that the development of the subject property is timely and consistent with the FLUE to the GMP. Relationship to Existing Land Uses: With respect to the matter of compatibility with the adjacent properties, staff has compared the impacts of the currently approved project versus the impacts of the proposed changes. The lands to the north are developed with single-family dwellings, which abut a proposed preserve area and a residential development tract. A 15- foot deep landscape buffer is required between thc adjacent residential properties and the proposed PUD residential tract. To thc cast arc Barefoot Williams Road and a golf course that is part of the Eagle Creek PUD. The Eagle Creek PUD is a mixed-use project that permits single and multi-family residential dwelling units. The properties to the south are undeveloped and arc part of the Rookery Bay Aquatic Preserve. To thc west is the Lely Lakes Country Club PUD and agricultural zoned lands. The current PUD allows for a mix of 786 single and/or multi-family residential dwelling units. Depending on market conditions, nursing homes may be constructed in lieu of some of the dwelling units. The maximum building height for the multi-family is currently 50 feet over parking. These approved development standards are similar to the approved standards for the Eagle Creek PUD to the east. As noted above, the proposed Master Plan permits single family and/or a multi-family condominium design with a maximum height of 75 feet over one level of parking. The option to have a portion of the project developed with 75 foot tall condominium buildings is based on the petitioner's claims of an increased demand for these structures. To improve the relationship with the properties to the east, any building over 35 feet in height shall be set back 200 feet from the eastern property line. Since the project abuts a preserve to the south, the proposed setback will ensure that the circulation of light and air between the adjacent properties will not be significantly impacted. In addition, the proposed 75 foot tall buildings should not have an adverse impact to the residential areas within the Eagle Creek PUD that lies east of the Eagle Creek Golf Course. It should be noted that the PUD Zoning District allows for departure from the strict application of setback, height, and minimum lot requirements of conventional zoning districts while maintaining minimum standards by which flexibility may be accomplished, and while protecting the public interest. Lastly, the petitioner has prepared a line-of-sight study showing the visual impacts of the project from various points around the project. Because the golf course along the eastern property line has exte ~sive mature landscaping, it will provide a partial visual barrier from the existing residential development within Eagle Creek of the proposed 75-foot tall structures. Because of the extensive landscaping along the golf course and the extensive setbacks of the proposed multi-family buildings, staff is of the opinion that the proposed amendment may be deemed compatible with the adjacent properties. Conversely, the Collier County Planning Commission had previously expressed concerns over the hei,~ht proposed lO-story condominium building that is proposed within the proposed PUD. This proposed PUD is located approximately one and a half miles south of t~e JAN 1 2003 End Preserve PUD along the west side of Collier Boulevard. The Planning Commission had recommended denial of that petition. As a result, the petitioner has requested an indefinite continuance of that petition. It should be noted that the petitioner's original application requested a maximum building height of 20 stories over 2 levels of parking (260 feet). However the Conservancy of Southwest Florida and the Department of Environmental Protection oppose the original request for a maximum building height of 20 stories over 2 levels of parking. It is their stated opinion (See Exhibit "D") that requested height for the high-rise residential structures would not be compatible with the adjacent Rookery Bay National Estuarine since the structures would adversely impact the visual experience of the visitors to Rookery Bay. In addition, there are no other high-rise structures approved in this area around the fringe of the preserve area. Conversely, there is no ordinance or zoning overlay that regulates the building height for structures on properties that abut Rookery Bay or criteria that govern the amount of visual impact to this area from the surrounding residential properties. Based on these conditions, staff agrees that buildings constructed to a maximum height of 20 stories over two levels of parking (260 feet) would be visible from a greater distance within Rookery Bay than those constructed to the currently approved 50-foot height limit. However, due to the somewhat isolated location of the PUD, staff is supportive of an increase to the maximum building height that does not have a significant visual impact to Rookery Bay. The petitioner is worked with the Conservancy in order to determine what the acceptable maximum building height should be in regards to the visual impact to Rookery Bay. Preliminary discussions indicate that a maximum height of 75 feet would not be objectionable. The petitioner has now revised their application and PUD Document to limit the maximum building height to 140 feet. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) forward a recommendation of approval of Petition PUDA-02-2702 subject to the stipulations and the development commitments contained in the PUD Document. JAN 1 2003 PREPARED BY: . RAY ~tLo~S~ CHIEF PLANNER CURR~NT PLANNING SECTION REVIEWED BY: Sus4~, ~m~ v, ~cP, ~~ ~NT PLA~G SECTION MAROA~ WUERSTLE, AICP, DI~CTOR PLA~ SERVICES DEPARTMENT DATE/ APPROVED BY :.~~an~ ~h~'~l', ADMINISTRATOR /~OMMUNITY DEV. AND ENVIRONMENTAL SVCS. Staff Report for the December $, 2002 CCPC meeting. DATE COLLIER COUNTY PLANNING COMMISSION: RVB/rb/STAFF REPORT/AR-2702 JAN ~ 2003 REZONE FINDINGS PETITION PUDA-02-AR-2702 Section 2.7.2.5 of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives & policies of the Future Land Use Map and the elements of the Growth Management Plan. Development Orders deemed consistent with all applicable elements of the Furore Land Use Element (FLUE) of the GMP should be considered a positive relationship. The proposed development is in compliance with the FLUE of the GMP. 2. The existing land use pattern; To the north, the land is partially developed with single-family dwellings and is zoned "A" Agricultural. To the east are Barefoot Williams Road and the Eagle Creek PUD. To the South is the undeveloped Rookery Bay that is zoned "A" and Conservation while the undeveloped Lely Lakes PUD is to the west. (See Staff Report) 0 The possible creation of an isolated district unrelated to adjacent and nearby districts; The parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. e Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The PUD district boundaries are logically drawn and they are consistent with the FLUE of the GMP. The proposed amendment will not change these boundaries. Whether changed or changing conditions make the passage of the proposed amendment necessary. The amendment to the Lands End Preserve PUD is appropriate based on the permitted land uses and compatibility with adjacent land uses. Furthermore, the subject PUD has a positive relationship to the GMP. However, the Conservancy of Southwest Florida opposes the increase in building height since the structures will be viewed from much of Rookery Bay. EXHIBIT "A" 9 JAN 2003 0 Whether the proposed change will adversely influence living conditions in the neighborhood; The proposed development standards (i.e. setbacks) made a condition of approval will go a long way towards offsetting any potential adverse influences and will not adversely influence living conditions in the neighborhood. Furthermore, the conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Recommended mitigation (increased setbacks) should serve to ameliorate impact of the proposed 20- story tall buildings on the nearby residential area. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Transportation Element of the GMP and was found consistent. In addition, this project when developed will not excessively increase traffic congestion. In the final analysis all rezone actions are subject to the Concurrency Management System. Whether the proposed change will create a drainage problem; The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. However, as urban intensification in the absence of commensurate improvement to inter-county drainage appurtenances may increase the risk of flooding in areas when the drainage outfall condition is inadequate. In summary, every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. Whether the proposed change will seriously reduce light and air to adjacent areas; All projects in Collier County are subject to the development standards that apply generally and equally to all zoning districts concerning the need to pr~ ,,;~" ,ho required open space. The subject development standards are designed to el ;ure light penetration and circulation of air does not adversely affect adjacent area 10 JAN 1 ~ 2003 10. Whether the proposed change will adversely affect property values in the adjacent area; Typically urban intensification increases the value of contiguous underutilized land. However, this is a subjective determination based upon anticipated results, which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation or amendment may or may not affect value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The basic premise underlying all of the development standards in the zoning division of the LDC is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed rezone to PUD complies with the Growth Management Plan, which is a public policy statement supporting zoning actions when they are consistent with said plans. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the Growth Management Plan. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The project is designed in a manner that is compatible with surrounding and approved PUD property in size and scale. It is also consistent with the Future Land Use Element of the Growth Management Plan. 11 JAN 1 2003 15. 16. 17. REZONE Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are many sites, which are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. The extent of site alteration will be determined as a function of obtaining a Site Development Plan approval to execute the PUD's development strategy. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collie~ County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and they have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. FINDINGS/AR-2702/RVB/rb 12 JAN 200 ,,,. }% FINDINGS FOR PUD PUDA-02-AR-2702 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Intensifying land development patterns produces economics of scale relative to public utilities, facilities and services, which are currently available in this area of Collier County. Development of land that has legal access, and is adjacent to existing zoned residential development is particularly suitable for a multi-family development. Conversely, nearby neighboring residents and travelers on Collier Boulevard may perceive the proposed building height as intensification near their neighborhood and preserve areas as contributing factors to increasing noise, blocking views and reducing property values. However, jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the proposed amendment to the Lands End Preserve PUD document give assurance that all infrastructures will be developed and are consistent with County regulations. Any inadequacies that require supplementing the PUD document will be recommended to the BCC as conditions of approval by staff. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). The subject petition has been found consistent with the goals, objectives and policies of the GMP. The proposed amendment to the Lands End Preserve PUD allows for a multi-family dwellings, which is consistent with the GMP (See Staff report). Exhibit "B" 13 JAN 1 2003 FINDINGS The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The subject PUD requires a common architectural design and development standards. In addition, landscaping has been provided to buffer the adjacent properties. The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of open space separation and minimizes the impacts to the surrounding conservation areas. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The proposed amendment to the Lands End Preserve PUD will not adversely impact the timing or sequence of development. Furthermore, the adopted concurrency requirements ensure that further LOS degradation is not allowed or the LOS deficiency is corrected. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criterion essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those development standards for multi-family high-rise buildings as approved in the Marco Shores PUD and the Fiddler's Creek PUD. FOR AR-2702/RVB/rb 14 JAN 1 h 2003 ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF NOVEMBER 6, 2002 me NAME OF PETITIONER/PROJECT:. Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: Planned Unit Development Amendment No. PUDA-2002-AR-2702 Lands End Preserve PUD Westbury Properties, Inc. Q. Grady Minor & Associates, P.A. Boylan Environmental Consultants, Inc. LOCATION: The subject property is an undeveloped 262.9 acre parcel located immediately west of Barefoot Williams Road & immediately north of Rookery Bay Aquatic Preserve, in Sections 4 & 5, Township 51 South, Range 26 East, Collier County, Florida. DESCRIPTION OF SURROUNDING PROPERTIES: The subject property is located immediately north of the Rookery Bay Aquatic Preserve. All of the adjoining properties to the south and west are undeveloped. Properties to the north are in agricultural use or developed as single-family home sites. The land to the east is mostly developed and within the Eagle Creek subdivision. ZONING DESCRIPTION PUD (Lely Golf Resort) Agricultural Undeveloped Single-family homes and agricultural uses. Conservation Agricultural Rookery Bay Aquatic Preserve Undeveloped R.O.W. EXHIBIT Barefoot W Road JAN 1 2003 EAC Meeling Page 2 of 9 IFc PUD (Eagle Creek) PUD (Lely~GolfReson) Agricultur~ Developed ,' Undeveloped Undeveloped PROJECT DESCRIPTION: The petitioner is proposing a rezone the subject 262.9-acre site from Planned Unit Development (PUD) to PUD for the purpose of amending the Lands End Preserve PUD to allow for the revision to the PUD Master Plan to reflect current wetland jurisdictional determinations and refinements to the residential tracts. They are also proposing to decrease the total number of dwelling units from 786 units to a maximum of 725 units and increasing the maximum height limit of the multi- family structures to allow 20 stories over two levels of parking. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject PUD is designated Urban Coastal Fringe Sub-district on the Future Land Use Map and Element (FLUE) of the Growth Management (GMP). This district permits the proposed mix of residential dwelling types and land uses. This designation will also allow residential density up to 4 units per acre minus 1 unit per acre since the subject site is within the Traffic Congestion Boundary for a total of 3 units per acre. Because the proposed density of 2.? units per acre is less than the maximum of 3 units per acre, the proposed PUD Amendment is consistent with the Density Rating System of the GMP. Based on staff review of the approved land uses on the adjacent and nearby properties, the proposed PUD Amendment is consistent Policy 5.4 of the Future Land Use Element of the GMP. Conservation & Coastal Management Element: Objective 2.2. of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharong into estuaries shall meet all applicable federal, state, or local water quality standards. To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater nmoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system. JAN 1 2003 EAC Mee~n~ Page 3 of 9 This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing lakes and interconnected wetlands to provide water quality retention and peak flow attenuation during storm events. With regards to native vegetation preservation, wetland and wildlife issues, the following Objectives and Policies apply: Objective 6.2 states, 'There shall be no unacceptable net loss of viable naturally · functioning marine and fresh water wetlands, excluding transitional zone wetlands which are addressed in Objective 6.3". The project is consistent with Objective 6.2 in that the majority of wetlands on-site (91%) are being retained. Policy 6.2.10 states, "Any development activity within a viable naturally functioning fresh-water wetland not part of a contiguous flow way shall be mitigated in accordance with current SFWMD mitigation rules. Mitigation may also include restoration of previously disturbed wetlands or acquisition for public preservation of similar habitat". The project is consistent with Policy 6.2.10 in that mitigation will be provided through preservation and enhancement of remaining wetlands and uplands on-site. If necessary, additional mitigation will be provided within Rookery Bay Aquatic Preserve, through the state Environmental Resource Permit (ER_P) process. Policy 6.2.13 states, "Proposed development on parcels containing viable naturally functioning freshwater wetlands shall cluster development to maintain the largest contiguous wetland area practicable and shall be designed to disturb the least amount of native wetland vegetation practicable and to preserve the pre- development hydroperiod". The project is consistent with Policy 6.2.13 by presenting the majority of the wetlands on-site, in large tracts, and impacting only the matins of wetlands on-site. Objective 6.3 states, "A portion of the viable, naturally functioning transitional zone wetlands shall be preserved in any new non-agricultural development unless othenvise mitigated through the DEP and the COE permitting process and approved by the County". The project is consistent with Objective 6.3 in that a portion of each type of wetland will be retained on-site. Objective 6.4 states, "A portion of each viable, naturally functioning non-wetland native habitat shall be preserved or retained as appropriate". Policy 6.4.6 states, "All new residential developments greater than 2.5 acres in the Coastal Area and greater than 20 acres in the Coastal Urban Area shall retain 255/? of the viable naturally functioning native vegetation on site, including boq the ~' understory and the ground cover emphasizing the largest contiguous area l[ossil#e~ _ I JAN 1 2003 EAC Meeting Page 4 of 9 When several different native plant communities exist on site, thc develOpment ,' plans will reasonably attempt to preserve examples of all of them if possible. Areas of landscaping and open space which are planted with native plant species shall be included in the 25% requirement considering both understory and groundcover. Where a project has included open space, recreational amenities, or preserved wetlands that meet or exceed the minimum open space criteria of Collier County, this policy shall not be construed to require a larger.percentage of open space set aside to meet the 25% native vegetation policy. This policy shall not be interpreted to allow development in wetlands, should the wetlands alone constitute more than 25% of the site. Exceptions shall be granted for parcels. ~that cannot reasonably accommodate both the native vegetation and the proposed activity". The project is consistent with Objective 6.4 and Policy 6.4.6 in preserving approximately 63 % of the existing native vegetation on-site. The. majority of wetlands on-site (91%) will also be retained. Policy 7.3.4 states, "Until management guidelines are prepared, the County will evaluate and apply applicable recommendations of technical assistance to local government and the U.S. Fish and Wildlife Service federal guidelines regarding the protection of species of special status as stipulations to development orders". No listed species have been identified on the subject property. The project will conform to the guidelines of the U.S. Fish and Wildlife Service, as stipulated in the PUD document. Policy 7.3.6 states, "A species survey to include at a minimum, species of special status that are known to inhabit biological communities similar to those existing on site and conducted in accordance with the requirements of the Florida Game and Fresh Water Fish Commission [Florida Fish and Wildlife Conservation Commission] shall be required for developments greater than 10 acres as part of the County's EIS review process." A protected species survey was completed and included as part of the EIS for the project. VI. MAJOR ISSUES: Stormwater Management: The L tnds End Preserve is a proposed PUD Amendment project located in the East Naples area, along the west side of Barefoot Williams Road in the northwest quadrant of the intersection of Barefoot Williams Road and Tower Road approximately one-half mile west of SR-951. The site is located within the Miscellaneous Coastal Basin. The total area of the site consists of approximately 263 acres. Much of the area is fallow cropland with various stages of exotic vegetation infestation. There are several existing borrow excavation propen'y. 2003 Page 5 of 9 The Conceptual Surface Water Management Report describes a stormwater management system which will provide water' quality treal~ent at 1.5 times the normal rate to account for discharge into an OFW (Rookery Bay). Location of bleeder discharges into preserve areas in the southwest quadrant of the pwject will help keep wetlands hydrated. The primary discharge is to a web, and preserve in the northwest quadrant. The discharge rate is designed to meet the 0.15 cf~acre allowable discharge rate as per Ordinance 01-27. Conveyance of offsite flow from properties to the north of the proposed development is provided by inclusion of a perimeter swale outside of and adjacent to the developments perimeter berm. · Environmental: Site Description: A majority of the project site has been altered in the past by agricultural activities, and now heavily overgrown with Brazilian pepper. Native plant communities found on-site include pine flatwoods (hydric and non-hydric), cypress, wax myrtle/willow, salt marsh, pine/mesic oak and mesic oak with palmetto understory. Several large borrow pits also occur on the property. Two seasonal high water elevations were marked in the field using biological indicators such as lichen lines, tree staining, etc. One was located in the cypress wetland in the northeast comer of the site and the other was located in an agricultural ditch in the central portion of the property. The elevations were 3.77 feet NGVD and 3.55 feet NGVD respectively. Taking into accom~t high water levels, it is anticipated that the 3.77 mark is more representative of previous high water levels. Natural ground elevations on-site vary from around 2.54 feet NGVD in the southwest comer of the property to approximately 5.00 feet NGVD in the pine flatwoods. Six soil types occur on the parcel, as mapped by the Natural Resources Conservation Service. These are Holopaw Fine Sand, limestone substratum (Unit 2), Immokalee Fine Sand (Unit 7), Oldsmar Fine Sand CtJnit 16), Basinger Fine Sand (Unit 17), Chobee, Winder and Gator Soils, depressional (Unit 22), and Estero & Peckisk Soils, frequently flooded (Unit 53). Hydric soils occur where existing native pla' tt communities are located. The disturbed portion of the site consists mainly ofnon-hydric soils. Wetlands: There are approximately 35.86 acres of South Florida Water Management District (SFWMD)/Collier County jurisdictional wetlands on-site, of which appro:~ 3.34 acres (9 %) are proposed for impact. Impacts to wetlands will occur al mar~ns of wetlands on-site. Borrow ponds (Other Surface Waters) EAC Meeting Page 6 of 9 t excavated further or reshaped according to SFWMD., and Collie~ Count~ guidelines. Mitigation for impacts to jurisdictional wetlands will be through preservation and enhancement of the remaining wetlands and uplands on-site. Enhan,cement will consist of exotic vegetation removal, ff necessary, additional mitigation will be provided within Rookery Bay Aquatic Preserve. The details of th~ plan will be worked out during the Environmental Resource Permit (ERP) process with the South Florida Water Management District (SFWMD), and will be coordinated' closely with staff at Rookery Bay for their mitigation needs. Preservation Requirements: The subject property contains 59.91 acres of native vegetation (31.1,9 acres wetlands & 28.72 acres uplands). As proposed, approximately 38 acres (63 %) of the existing native vegetation on-site will be retained and placed in a conservation easement. This exceeds the 25 % minimum native vegetation retention requirement in section 3.9.5.5.3 of the Land Development Code. Listed Species: Where possible, a listed species survey was conducted using meandering and belt transects and 10 x 50 binoculars as a means of searching for plants and animals. Due to the extreme density and monoculture of Brazilian pepper throughout much of the site, only remaining indigenous areas and shorelines of borrow areas were intensively searched. For this survey, particular attention was paid for the presence of Big Cypress fox squirrels and listed wading birds. Survey times varied from 7:00 a.m. to 5:00 p.m., with approximately 30 man-hours logged on the property during the survey. Thc only sign of protected species on the parcel was one nest-like structure near the mar~n of the cypress area in the northeast comer of the site. This entire area is proposed for preserve. No other signs of protected species were observed on-site. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. PUDA-2002-AR- 2702 "Lands End Preserve PUD" with the following stipulations: Stormwater Management: This project shall be reviewed and approved by the Collier County / J ANl 2001 I .0/. i EAC Meeting Page 7 of 9 sidcslopcs must conform to the requirements of section 3.5 o~ the Land Development Code. Re This project must obtain an Environmental Resource Permit from the South Florida Water Management District prior to Site Development Plan approval. The project shall evaluate offsite flows coming onto the property from adjacent properties and analyze them to ensure that there is sufficient- capacity in the proposed perimeter bypass swale system without causing flooding or causing adverse surface water conditions to the adjacent property owners. This information shall be provided at the time of construction plan review. ' The PUD Amendment, if approved, shall contain a statement to t~e effect that the perimeter bypass swale system shall be placed wi~in a drainage easement dedicated to Collier County, with no responsibility for maintenance, and that the responsible entity for the Lands End Preserve shall maintain the perimeter bypass swale system free of buildings, fences, trees, shrubs, and any other obstructions to fi'ce flow discharge, including dense vegetation. The bypass perimeter swale shall be inspected monthly, between the months of June and November, to ensure the system is capable of working and a permanent record maintained showing, at a minimum, the name of the person performing the inspection, their position of authority for the Lands End Preserve, and the conditions observed. Environmental: 1. Add the following stipulation to section 6.6 of the PUD document. Environmental permitting shall be in accordance with the state of Florida Environmental Resource Permit roles and be subject to review and approval by Planning Services staff. Removal of exotic vegetation shall not be the sole means of mitigation for impacts to Collier County jurisdictional wetlands. EAC Meeang Page 8 of 9 PREPARED BY: ?.E. ENGINEER SENIOR DATE ROBERT C. PROJECT MANAGER PRINCIPAL DATE STEPHEN LENBERGER ENVIRONMENTAL SPECIALIST DATE CHIEF PLANNER REVIEWED BY: /o · lC- DATE THOMAS E. KUCK, P.E. ENGINEERING SERVICES DEPARTMENT DIRECTOR DAYE / JAN 1 t) 2003 FAC Meetin~ Page 9 0f9 ! ,~"I~L~ D. LCJl(LENZ, ~., I~E. ENVIRO~NTAL SERVICES DEPARTMENT DIRECTOR /,o.i&.oZ. DATE MARGAI~ WUERStLE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: T C: SUSAN MURRAY, AICP CURRENT PLANNll~G MANAGER SERVICES JAN 1 ~ 2003 THE CONSERVANCY Of Southwest Florida November 5, 2002 Mr. Thomas Sansbury, Chairman Collier County Environmental Advisory Council VIA E-MAIL Re: Land's End Preserve PUD Amendments Petition Number: PUDA-2002-AR-2702 Dear Mr. Sansbury: On behalf of our more than 6,000 members The Conservancy of Southwest Florida appreciates the opportunity to comment on the proposed amendments to the Land's End Preserve Planned Unit Development (PUD). Due to the incompatibility of the land use proposed by the amendments (five 260 foot towers) with Rookery Bay National Estuarine Research Reserve and The Conservancy's Briggs Nature Center The Conservancy opposes the amendment and requests that the EAC vote to recoxnmend denial. The Conservancy particularly opposes the portion of the PUD amendment that would change the development from low-rise multifamily structures with a maximum height of 35 feet to five 260-foot towers (20 stories over two levels of parking). Twenty story towers are totally incompatible with the natural environment of Rookery Bay, just as ten story towers for the proposed Estuary Bay PUD (formerly Rookery Bay Towers) were considered incompatible by both the EAC and Planning Commission. THE PROPOSED AMENDMENTS FOR 260 FOOT HIGH RISES WOULD BE INCOMPATIBLE WITH SURROUNDING LAND USES AND WOULD NOT PROTECT ROOKERY BAY FROM IMPACT. of surrounding neighborhoods and property." The County staff assessment for the proposed PUD amendment is erroneous in finding that 260-foot towers would be consistent with this policy. The land uses surrounding this project consist of state- Collier County GMP Policy 5.4 states, "New developments shall be compatible with, and complimentary to, the surrounding land uses, subject to meeting the compatibility criteria of the Land Development Code." The Land Development Code (LDC) provides that "Development within a PUD district shall be compatible with established or planned uses JAN I q 2003 conservation land on two sides, the Lely Lakes PUD, currently undeveloped, and the Eagle Creek subdivision. There are no other high-rise developments in this area. The GMP recognizes the value of protecting natural reservations, such as Rookery Bay. Objective 6.5 of the Conservation and Coastal Management Element of the GMP states "The County shall protect natural reservations from the impact of surrounding development." The impact of highly visible high-rise towers on the experience of visitors to RookeD' Bay is an environmental impact. Florida taxpayers and members of The Conservancy and Florida Audubon have spent over $50 million to create a unique natural area where visitors can experience the pre-development Southwest Florida coastal environment. High-rise towers around the fringe of Rookery Bay would diminish that experience, much as has happened to Estero Bay. THE APPLICANT HAS NOT ADDRESSED THE POTENTIAL FOR INCREASED MORTALITY OF LISTED BIRD SPECIES AS A RESULT OF BIRD STRIKES OF HIGH-RISE BUILDINGS. Section 3.8.2.1 of the LDC, regarding Environmental Impact Statements, states, "the purpose of this division is to provide a method to objectively evaluate the impact of a proposed development, site alteration, or project upon the resources and environmental quality of the project area and the community and to insure that planning and zoning decisions are made with a complete understanding of the impact of such decisions upon the environment." The Conservancy is concerned that the applicant has not addressed in its Environmental Impact Statement the impacts of high rises on the migratory and resident birds within Rookery Bay due to bird strikes. Many of the 150 bird species that reside, winter or stop along their migration route at Rookery Bay are listed species. The burden should be on the developer to demonstrate that these high rises will not increase mortality of listed bird species in the area. While bird kills are most often associated with radio, cell phone and TV towers, there is substantial literature that indicates that windows in high rises often create an obstruction that interferes with bird flight patterns and can lead to collisions and death to birds, especially those on migratory paths. Buildings and lights on buildings are harmful to birds in two ways. First, if the bird is not able to see the obstruction, then collision is likely. Second, lights on buildings (which will likely be required on a 260-foot structure) often attract birds and as the bird files towards the light, collisions with the building can OCCur. THE APPLICANT HAS NOT ADDRESSED THE NEED FOR BUFFERS FOR BIRD ROOKERIES OR ROOSTS IN ROOKERY BAY. The applicant has not addressed the need for buffers for bird rookeries or roosts in adjacent Rookery Bay Reserve. New CCME Policy 6.5.2(1)c requires up to 1,500 buffer for certain species of birds. Neither the EIS nor application for amendment 2 JAN this requirement. It should be up to the applicant to determine whether such buffers are necessary. Finally, although we are requesting that the EAC recommend denial of these PUD amendments, The Conservancy is not opposed to all plans for development of the property. The site is currently zoned as a PUD, with allowable densities and building heights. In addition, much of this site is highly disturbed and was cleared for agriculture and mining in the past. We are not suggesting that any of the currently permitted uses be taken away. Under the current PUD, there is a 35-foot maximum building height, which would be protective of the viewshed for visitors to Rookery Bay. It is clear that 260-foot towers would not be. We have been working with representatives of the developer of this proper~y to address our concerns with the amendments and are willing to continue to do so to make development of this parcel as compatible as possible with the surrounding land uses and the environment. If you have any question about The Conservancy's position on Land's End Preserve, please call me at 403-4222. Sincerely, Gary Davis Environmental Policy Director CC: Ed Carlson Michael G. Coe Erica Lynne Alfred F. Gal Alexandra Santoro Thomas Sansbury Ken Humiston Michael Sorrell John Dowd 3 JAN 1 q 2003 Florida Department of Environmental Protection  Rookery Bay National Estuarine Research Reserve 300Tower Road, Naples, Florida 34113-8059 -. Tel: (Z39) 417-6310, Fax: 417-6315, SC: 754-6310 DATE: 11~/20j02 FAX # Z39-643-6968 Pages (incl. cover): 5 TO: Mr. Ray Bellows FROM: Tad Bartareau Mr. Bellows, Please find below a letter to the County Planning Commission. I ask that a copy of this letter be provide to each member of the Planning Commission for the upcoming meeting. If you have any questions or there are any changes to the proposed agenda please call me or Marla Barnett. Thank you very much for your time and cooperation with this request. Regards Tad Bartaxeau Environmental Specialist Florida Department of Environmental Protection Rookery Bay NERR Phone: 239-417-6310 Mobile: 253-6758 Fax: 239417-6315 EmaiI: Tad.Bartareau@dep.state.fl.us Bush Governor Department of Environmental Protection Rookery Bay National ;l/~nrine Re. se~ch R.cse. rvc 300 Tower Road, Naples, FL 34113 Phone-239/417-63 ! 0; Fax-239/417-63 Email: TacLBartarcau(q3_,dcp. state, fi.us David B. Struhs Secretary November 20, 2002 Mr, Kenneth Abemathy, Chairman Collier County Planning Con,mission Plmming Services Department 2800 North Horseshoe Drive Naples, FL 34104 RE: PUDA-2002-AR-2702, Lands End Preserve PUD Dear Mr. Abemmhy: I have reviewed thc above referenced application. Outlined below are comments that Rookery Bay National Esmar- ine Research Reserve (.RBNERR) h~ concerning this project, located directly adjacent to our Reserve. Background Thc applicant needs to renew their existing PUD, and is doing so through the PUD amendmcnt process. The proposed PUD mx~endments do not significantly ,alter the approved PUD unit density, development footprint, or rcscrve areas. Thc, main alteration is the addition of five 22- story towers or up to 15 12-story towers to the dwelling type. The proposed addition of 12 or 22-story towers increases the maximum height of dwellings from 35' to 256'. Mr. Gary Lytton, the Environmental Administrator of RBNERR, will address the concerns we have regarding thc negative impaCt the high-rise towers will have on the landscape character and values of RJ3NEI~R.. Comments My comments are directcd specifically at the ecological/resource management concerns of both the approved/proposed PUD. Thcrc arc three main areas o f concern: 1. contaminated mils/dredge and fill plans 2. water management plan and restoring flowways 3. compatibility with ongoing resource managemem activities on adjacent reserve lands "P~ore Protec. tJon, Lc~s Process" PUDA-2002-AR-2702 PROJECT #19990027 DATE: 6/18/02 RAY BELLOWS PETITION NAME: DATE: APPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DMSION CURRENT PLANNING SERVICES 1. Name of Applicant (s) Westbury Properties, Incorporated Applicant's Mailing Address 2200 Gordon Drive City Naples State Florida Zip 34102 Applicant's Telephone Number: Res: Bus.: ls the applicant the owner of the subject property? [] Yes [] No [] (a) [] (b) [] (c) [] (d) [] (e) [] (f) If applicant is a land trust, so indicate and name beneficiaries below. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. If applicant if an owner, indicate exactly as recorded, and list all other owners, if any. If applicant if a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. Pleas~ s~ attached sheet (If space is inadequate, attach on separate page.) Name of Agent D. Wayne Arnold, AICP Agents Mailing Address 3800 Via Del Rey City Bonita Springs State Florida Telephone Number:. Res.: Firm Q. Grady Minor & Associates, P.A. Zip 34134 Bus.: 947-1144 Telephone Number:. Res.: Name of Agent Richard D. Yovanovich Agents Mailing Address 4001 Tamiami Trail North, Suite ;300 City Naples State Florida Bus.: (239) 435-3535 Firm Goodlette, Coleman and Johnson Zip34103 JAN 1 ~ 2003 1.48% (127.6 acres) of project site is fallow agriculture fields. Highly toxic organochlorine pesticides were extensively usexi in agricultural fields after WWII until EPA legislation in 1987 banned s',des. DDT, dicldrin, toxiphcnc and chlordane are a few examples of thcsc compounds. Organoclorincs arc pcrsistcnt in soil and sedilnents, but transfer to the watcr column boflx as entraJncd sediment and via adsorption to dissolved organic carbon. At relatively low concentrations, invertebrates in both sediment and water arc adversely affected. As agricultural fields are convened to residential dcvclopmcnts contaminated soils are often disturbed and flooded for dredgc and fill requirements. Remobil.ization of sequestered pesticides is a potential ecological risk for the wetlands and estuaries downstream, both in the immediate impact on invertebrates, but also in bioaccumulatioa ~ wading birds feed in affected areas. Lake Apopka's flowway marsh is a recent cxamplc of an ecological disaster on reclaimed agricultural fields. A mix ol'organochlorines contributed to the death of hundreds el'birds when wetlands were constructed on the shore of a lake attracting wading birds. Testing of soil from an adjacent abandoned agricultural field showed evidence of organochiorinc contamination above the threshold level for ecological risks on property to be flooded. Preliminary soil analysis on Lands End Preserve site confirm the presence of high lcvcls of DDE. Given thc considerable dredge/fill requirements o'1: approved/proposed PUD, scraping of suffi, cial sediments may be necessary in some areas to prevent rcmobilization of sequestered pesticides. Xhere is a need to assess potential contamination risk as the site is developed in order to protect wetlands and estuaries downstream. Since thc estuary dow~mtream is designated an Outstanding Florida Water (OFW, Chapter 17-3.302, Florida Administration Code), maint~dning high water quality is of utmost importm~ce. OFW designation requires that water quality not be degraded beyond ambient conditions at the 'time of dcsibmation. 2. The entire project site is hydrologically connected through wetlands and ditches to RBNERR, and maintaining the natural timing and quantity of water to the receiving .'.'salttrmrsh and estuary is of ulanost importance. The County, SFWMD, ACOE and private landowners, through the Lely Area Stormwater Improvement Plan, are going a long way to restore flowway~ in Water Management District 6, a major flowway of the RBNERR watershed. However, a significmat gap in this flowway restoration initiative are private lands south of Lely and l~mds End Pre~-rve property. There is a need to ensure that a water management plan is developed which restores towpaths to provide connectivity within watershed wetlands and receiving estuaries, and also minimize impacts to both on-site and off-site wetlands once developed. Preliminary discussiorJ~ with the applicants agents has identified the need to restore the flowway from Barefoot Williams Road west and southwest to RBNERR wetlands. This can be achieved by box culvert, preserved natural wetlands, drains and berming. Given the potential contamination risks; safeguards also need to be taken to ensure no runolTof contanainatcd soils to RBNERR. This is consistent with CCGMP Policy 2.2.2 which states that "stormwatcr systems should be designed in such a way that discharged water does not degrade receiving waters ...", JAN 1 2003 3. RBNERR seeks to protect and enhance biodivcrsity within the watershed through the usc of various resource management activities and tools such as prescribed fire, invasivc plant removal, trapping feral ',md domestic animals, controlling illegal dumping and managing visitor access. At present, the vegetation and primitive ~ails within RBNERR are eontinuons with that on I,ands End Preserve Property. Potential developers and residents of proposed Lands 1End Preserve must understand the unique issues that need to Ix: addressed to ensure compatibility with ongoing resource managem'~.nt activities on adjacent reserve lands. There is need to define appropriate setback and safeguards such as firebreaks and acce~ points in order to protect property and life from wildfire. We would also like to see described in homeowner association documents and any other disclosure documents to purchasers that RBNERR conduct prescribed fires, remove invasive plants, trap l~al and domestic animals, control illegal dumping and manage visitor access within reserve lands. It is hoped that such disclosure will minimize any potential negative impacts o£ any adjacent residential development on the ongoing RBNERR program objcctivcs and operations. Other considerations include: CCGMP Policy 12.1.2 states that" lmad use plan amendments in the Categotaj 1 hurricane .vulnerability zone shall only be considered if such increases in densities provide appropriate mitigation to reduce the impacts of hurricane evacuation times." This project site is located in both storm surge area and hurricane zone. RBNERR not aware of ~my mitigation plan to address this requirement. Regional Fire Department mad Rescue staff should bc contacted to ensure tlmt they have tl~e required training and equipment to deal with work in multiple high-rise tower,s. The proposed PUD is located within the Urban Coastal Fringe District of the CCOMP. The purpose of this Sub~Di.striet is to provide transitional densities between Conservation Areas .and the Urban Desigmated Areas. However, since RBNERR surround the proposed PUD to the west and south, the construction of 725 units on the boundary with adjacent conse~wation areas appears to be inconsistent with the intent of the CCGMP. Recommendation RBNERR is one of few remaining pristine estuaries in North America. There is no comparablc surrounding and approved PUD property in size or scale (i.e. 725 units, 22-s'~ory/256' towers). Without an appropriate water management plan and buffer zone it seems unlikely that the development of 725 units is compatible with the adjacent conservation area and its program objectives and operations. ~ JAN 1 q 2003 · RBNERR thoroughly believe that the CCEAC should attach a number of stipulations to your recommendation 1o the BCC, specifically rcgarding the ~ssues associated with con .taminatcd soil~dmdgc and fill pimps, water management plan and compatibility with adjacent reserve lands. This staff' as~ssmcnt is preliminary and is dcsignexi to assist in thc rcvicw of thc application prior to final agency action. The comments provided herein arc not thc f'mal position of thc Dcpartrncnt and may be subject to revision pursuant to additional information and further review. if I ¢'-,m be of' further assistance, please do not hesitate to contact me. Thank you for the opportunity to comment. Kindest regards, Tad Bartareau E~vironmental Specialist CC: Gary Lytton, Environmental Administrator, RBNER. K Judy llaner, Resource Managemellt Coordinator, RBNEPd". JAN 1 2003 PUD ORDINANCE NAME AND NUMBER: Lands End Preserve 94-43 DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to more than one zoning district, include separate legal description for property involved in each d/strict. If property is odd-shaped, submit five (5) copies of the survey (1' to 400' scale). THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AND ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTION 4 and 5 TOWNSHIP 51 South RANGE 26 East o Address or location of subject property: Approximately ½ mile west of Collier Boulevard by way of Tower Road or on the West side of Barefoot Williams Road. Approximately on and one half miles South of U.S. 41 (Tamiami Trail). Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Please see attached Exhibit A. 7. TYPE OF AMENDMENT: [] A. PUD Document Languag.~ Amendment [] B. PUD Master Plan Amendment [] C. Development Order Language Amendment 8. DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: [] Yes [] No lfno, explain: 9. HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME? No PETITION #: DATE: 10. HAS ANY PORTION OF THE PUD BEEN [] SOLD and/or [] DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? IF YES, DESCRIBE.' (ATTACH ADDITIONAL SHEETS IF NECESSARY). AFFIDA FIT am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions m this application, inchtding the disclosure of interest information, all sketches, data, m~d other supplementary matter attached to and made ct part of this application, are hottest a.d true to the best of our knowledge and belief. We/l understand that the information requested Otl this application tmtst be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/Tfitrther authorize Q. Grady Minor & Associates~ P.A. and Goodlette~ Coleman and Johnson to act as o.r, my representative in any matters regarding this Petition. Owner Signature o/Property Signature of Property Owner Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this ~. ~'~- day of }~A ~ by.~a d? d_ [3 . ~E.~L~, ~{"~ Who is personal_ly known to me or has prodt~ced ] as identification. ,2002, State of Florida County of Collier (Sig~ture of Notary Public - State of l~'" OF F~.0 -'Ob'FI O-~C. 3,~003 Ilo i .,0~GY ~'o,. an. norsavs~n, ri~) fPrint, T~e, or Stamp Commi~ - '-"-'~'ion~~"-'~ Name of Nota~ PubliO -JAN 1 q 2 03 APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 F :'~.IOR\I .A N D.nlF'.N I~.ql [PI IDR EZONF. A PP2OO2. (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. Michael Degroot, President Robert Martyn, Vice President Gary Degroot, Vice President Jerry Pekaruk, Vice President and Secretary David Sexton, Vice President OR: 3038 PG: 1746 F~HIBIT 'A" Parcel Thc East I/2 of thc Northwest !/4 of thc Northwest I/4 of' thc Southwcs! I/4. Section 4. Township $1 South, Range 26 East. Collier County, Florida; Parccl 2 Thc West I/2 of thc Northwest i/4 of thc Northwest I/4 of thc Southwest Section 4. Township $1 South, Range 26 East, Collier County, FlOrida; 114. Parcel 3 Thc West I/2 of thc Southwest 1/4 of thc Northwest I/4 of thc Southwest Section 4, Township 51 South, Range 26 East, Collier County, Florida; Parc~! 4 . 1/4, Thc East 1/2 of the Southwest 1/4 of thc Northwest 1/4 of thc SouthweSt I/4, Section 4. Township 51 South, Range 26 East, Collier County, Florida; Parcel ~ Thc West I/2 of the Southeast 1/4 of thc Northwest 1/4 of thc Southwest 114, Section 4, Township 51 South, Range 26 East, Colllcr County, Florida; Parcel ~ All that part of thc North 1/2 of thc South 1/2, Section 4, Township 51 South, Rang~ 26 East, Collier County, Florida, being mort particulary described as follows: Commencing at a concrete monument found at thc West 1/4 corner of Section 4, Township 51 South, Range 26 East, Collier County, Florida; thence along thc East and West I/4 Section line of said Section 4, North 88° 31'24' East 664.23 feet to thc POINT OF BEGINNING of thc parcel herein described; thence along thc East linc of thc West 1/2 of thc Northwest ! 4 of thc South tO ,c,t. tu... z ..... . . / Southwest 1/4 of said Section 4, · ,. · --~L o...o~ zcct, thence along thc North linc of thc West I/2 of thc So,~thcast !/4 of thc Northwest 1/4 of thc Southwest !/4 of said Section 4, North 88- 49'39' East 332.88 £ect; thence along thc East linc of thc West 1/2 of thc S~uthcast !/4 of thc Northwest 1/4 of thc Southwest !/4 of said Section 4, South 1- 1'54' West 678.38 feet to thc South line of thc Nort~ 1/2 of thc South !/2 of said Section 4; thence along said South linc North 89 3'51' East 1668.22 feet; thence continuing algal the South linc of thc North !/2 of thc South !/2 of said Section 4. North 89° 37'47" East 537.97 fcct to thc West right-of-way i,~nc of Barefoot Williams Road; thence along said West right-of-way line North 9-. 3'29' West 1394.95 fcct to thc East and West !/4 Section line of said Scctlon 4; thence along said East and West !/4 Section linc South 88° 31'24' West 30~2.00 fcct to thc center of said Scctlon 4; thence continue along thc East and West I/4 Section linc o£ said Section 4, South 88° 31'24' West 1992.69 fcct to thc POINT OF REGINNING of thc parcel hcrcln described; containing 70.59 acres of land mort or less. All that part of thc South !/2 of thc South I/2 of Section 4, Township 51 South. Range 26 Fist, Collier County, Florida, lying West of Barefoot Williams Road and being more Particularly described as follows: Beginning at a concrete monument being thc Southwest corner o Township 51 South, Range 26 E~ast, Collier County. Florida; thcncc al I,nc of said Section 4. North I" 14'27" East 1348.70 feet to a cohere placed; thence alo~n~ the North line of the South I/2 of thc South Section 4. North 89 3'51° East 2669.16 fcct to a concrete monument Page I of 2 OR: 3038 PG: 1747 continue along said North linc North 89° 37'47' East 537.97 fcct to a concrete monument placed and thc. West right-cr-_way linc of Barefoot Williams Road; thence along said right-o£-way 'linc South 9° Y29' East 1403.82 fcct to a concrete monument £ound and thc .SoOUth llnc of said Section 4; thence along thc South linc of said Section 4, North 89 17'32' West 775.46 £c~t In a concrete monument £Ound; thence continue along said South linc South 89- 36'0" West 2681.63 fcct to thc POINT OF BEGINNING or thc parcel herein described, containinl 104.35 acrcs o£ land more or less. · Parcel ! Thc Southcast i/4 of thc Southeast I/4 o£ Section $, Township :51 South, Range 26 East, Collier County, Florida. Parcel 9 The South 1~/2 of the Northeast l f4 of the Southeast 1/4 of Section 5, Township 51 S, Range 26 E, Collier County, Florida. Page 2 of 2 JAN I 6 2003 ORDINANCE NO. 03- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 1604S AND 1605S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS LANDS END PRESERVE, FOR PROPERTY LOCATED APPROXIMATELY 1/2 MR,E WEST OF COLLIER BOULEVARD (C.R. #951) BY WAY OF TOWER ROAD OR ON THE WEST SIDE OF BAREFOOT WILLIAMS ROAD, IN SECTIONS 4 AND 5, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 262.9+_ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 94-43, THE FORMER LANDS END PRESERVE PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, D. Wayne Arnold, of Q. Grady Minor and Associates, representing Emerald Lakes Joint Venture, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY the Board of County Commissioners of Collier County, Florida that: SECTION ONE: The zoning classification of the herein described real property located in Sections 4 and 5, Township 51 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Maps numbered 1604S and 1605S, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 94*43, known as the Lands End Preserve PUD, adopted on September 13, 1994, by the Board of County Commissioners of Collier County, is hereby repealed in its en6rety. SECTION THREE: This Ordinance shall become effective upon filing with the Depal'oa 1 JAN 1 2003 PASSED AND DULY ADOPTED by thc Board of County Commissioners of Collier County, Florida, this day of ~ 2003. ATI'EST: DWIGHT E. BROCI~ CLERK BOARD OF COUNTY COMMISSIO~ CO~.!.~R COUNTY, FLORIDA Approved as to Form and Legal Sufficiency ~iatjorie M. Student Assistant County Attorney PUDA-2002 -AR-2702/RB/lo BY: JAN 1 ~ 2003 Lands End Preserve A PLANNED UNIT DEVELOPMENT Ox,~?~R:263+ Acres Located in Sections 4 and 5, Township 51 South, Range 26 East, Collier County, Florida PREPARED FOR: Emerald Lakes Joint Venture I I OO FiRh Avenue South A Y~f¥!~.TC~T TT T A F~AT~ DDt' No.AG~A IT JAN-1 ~ 21 F:WUD DocumentsXLands EndULdoc 12/23/2002 ii PREPARED BY: D. Wayne Arnold, AICP Q. Grady Minor & Associates 3800 Via Del Rey Bonita Springs, Florida 34134 And Richard D. Yovanovich Goodlette. Coleman & Johnson 4001 Tamiami Trail North, Suite 300 Naples. F1 34103 EXHIBIT "A" F:WUD DocumenisU_ands EndUL.doc 12/23/2002 JAN 1 ~ 2003 .oo 111 TABLE OF CONTENTS i -1- 6 4-O F:~PUD Documents~l. ands EndUL.doc 12/23/2002 iv ~Ir'AI~T I:' T DTII~ ~'ACT~'D DT AK.T F:~PUD Documents~L~nds EndULdoc 12/23/2002 lJAN 1 q 2OO3 ,~.~0 ..... 5.Thc c,,~ ~7, .... + ^c+u~ Public L-.~a:+;~. T:~ .... + F:~UD Documents~ands EndULdoc 12/23/2002 JAN 1 zl 2003 PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & 1-1 GENERAL DESCRIPTION SECTION II PROJECT DEVELOPMENT 2-1 SECTION III RESIDENTIAL 3-1 SECTION IV RECREATION CENTER 4-1 SECTION V PRESERVE 5-1 SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6-1 EXHIBIT A PUD MASTER PLAN EXHIBIT B ALTERNATWE HI-RISE PLAN F:~°UD Docurr~nts~ands EndULdoc 12/23/2002 JAN I ~ 2003 STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of Emerald Lakes Joint Venture, hereinafter referred to the Developer, to create a Planned Unit Development {'PUD) on 262.9-~: acres of land located in Sections 4 and 5, Township 51 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be Lands End Preserve. The development of Lands End Preserve will be in compliance with the planning goals and obiectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the growth policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: The subject property is within the Urban Coastal Fringe District as identified on the Future Land Use Map of the Future Land Use Element (FLUE). The purpose of the Urban Coastal Fringe District is to provide for a variety of residential and mixed-use developments such as Planned Unit Developments. The proposed residential densiB' of Lands End Preserve is 2.75 dwelling units per acre and is consistent with the maximum density pemfitted by the FLUE Density Rating System and is therefore consistent with FLUE Policy 5.1. The entire subject property qualifies for a base densit3, of four (4) units per acre. Due to the project's location adjacent to the Traffic Congestion Zone, one (1) dwelling unit is subtracted from the base densiW to permit a maximum of three (3) dwelling units per acre. The proposed maximum 10,000 square feet of convenience commercial and personal service uses located in the Recreation Center Tract, are consistent with the proposed Future Land Use Element. PUD Neighborhood Village Center Subdistrict. Lands End Preserve PUD is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 4. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. The development of Lands End Preserve PUD wil' result in an efficient and economical extension of community facilities and services as required in Policy 3.1 of the FLUE. Lands End Preserve PUD is a large-scale residential community, and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code (LDC) Planned Unit Development District. FAPUD Documents~Lands EndULdoc man~ement ? ~ ~ by Objective JAN 1 ti Lands End Preserve PUD is planned to incorporate natural systems for water in accordance with their natural functions and capabilities as may be required 1.5 of the Drainage Sub-Element of the Public Facilities Element. ! 2/23/2002 viii All final local developmem orders for this project are subject to the Collier County Adequate Public Facilities Ordinance, Division 3.15 of the Land Development Code. The Assisted Living Facility (ALF), permitted in specified Residemial Development tracts is a permitted community facility land use in the Urban Coastal Fringe Subdistrict of the future Land Use of the Growth Management Plan. FAPUD DocurnentsXLands EndUl.~doc ! 2/23/2002 ix I SHORT TITLE This ordinance shall be known and cited as the "LANDS END PRESERVE PLANNED UNIT DEVELOPMENT ORDINANCE". F:~PUD Documents~.ands EndUL. doc i 2/23/2002 JAN 1 6 2003 SECTION I LEGAL DESCRIPTION, PROPERTY O'.% ~ .rNt.~P~P!--P P~OWNERSHIP, AND GENERAL DESCRIFYION 1.1 PURPOSE ........ '.legal description and __The purpose of this 8ec-OoRsection is to set forth the ownership of ~qe-gmpe]:~.Lands End Preserve PUD, and to describe the existing conditions of the property proposed to be developed under *'~ .... ;~"* ..... 1.2 LEGAL DESCRIPTION The subject property being 262.9 acres, is described as: The North ½ of the South ½ of Section 4, Township 51 South, Range 26 East, Collier County, Florida lying Westerly of the centerline of Barefoot Williams Road. Together with: The South ½ of the South ½ of Section 4, Township 51 South, Range 26 East, Collier County, Florida lying Westerly of the Westerly Right of Way Line of Barefoot Williams Road. Together with: The Southeast ¼ of the Southeast ¼ of Section 5, Township 51 South, Range 26 East, Collier County, Florida. Together with: The South ½ of the Northeast % of the Southeast ¼ of Section 5, Township 51 South, Range 26 East, Collier County, Florida. 1 3PROPERTY/'%'[][f~'g~Oli2gllO~ F:~PUD Documents~Lands EndUL. doc 12/23/2002 ! In200p i A I ('l]lLr~Lr~l~''1 A · ! ! JAN 1 2003 14 I 1.3 GENERAL DESCRIPTION OF PROPERTY The proiect site is located in Sections 4 and 5, Township 51 South, Range 26 East. The site is generally bordered on the west by Lely Lakes Golf Resort PUD; on the north by LESNAP unrecorded subdivision; on the east by the Eagle Creek PUD, developed residential/golf course communi _ty, zoned PUD; and on the south by undeveloped agriculture and conservation zoned property. The zoning classification of the subject property at the time of PUD application is PUD. Elevations within the site are approximately 3.5' to 4.5' above MSL. Per FEMA Firm Map Panel No. 120067 615 E, dated August 3, 1992, the Lands End Preserve property_' is located within AE 8 of the FEMA flood insurance rate map. A maioritv of the site has been altered through past and current a,oriculmral uses; however, a portion of the site does contain jurisdictional wetlands. An ElS has been submit-ted, pursuant to Division 3.8 of the LDC, and provisions for on-site preservation of higher qtmlitv wetlands are incorporated into the design of the Conceptual Master Plan. and overall water management system. The soil types on the site generally include fine quartz sand and organic loam. This intbrmation was derived from the Soil Survey of Collier County, Florida. Lands End Preserve contains a variety of vegetative conummities, including cropland and pastures, woodland pastures, pine flatwoods, and palmetto prairies. A detailed vegetative inventory_ and map is included in the Enviromental Impact Statement attachment to the Application for PUD Rezoning packet. Go The project site is located within the Collier County Water Management District Henderson Creek Watershed. 1.4 PERMITTED VARIATIONS OF DWELLING UNITS A maximum of 725 dwelling units are pemfitted within the Lands ~nd Preserve maximum of 725 dwellings may include single-family, two-famil' patio, townhome and multi-family dwelling unit _types. The PUD shall development of an Assisted Living Facility (ALF) on the Residential/Golf on the Conceptual Master Pan, subject to standards found in Section 2.6.26 of the 2003 FAPUD Documents~ands EndUL. doc 12/23/2002 1-2 1.5 DENSITY Ao Acreage of Lands End Preserve is approximately 262.9 acres and the number of dwelling units aj,J_horized to be built pursuant to this PUD is a maximum of 725. The gross project density, therefore, will be a maximum of 2.75 units per acre. Bo At all times, all properW included within Lands End Preserve as described in Section 1.2 shall be included in determining project density, including lands reserved for road right-of-way. JAN 1 2003 2-1 I SECTION H PROJECT DEVELOPMENT 2.1 PURPOSE 2.3DESCP-~m'TION OF PRO'CT PLAIN AND PROPOSED LA.ND USE£ F:~UD Documents~Lands EndULdoc 12123/2002 2-2 I cc,~m.cn faci!it;.z~. JAN 1 i 2013 2-? I F: ~O9 ?L?~,~D S E~, .~DVLE p~£ ?,0 R Gpt~nD. DC'C~ ~ 2-2 I 2.2 P. ESIDENTLS-~-. The purpose of this Section is to generally describe the plan of development for Lands End Preserve, and to identif3, relationships to applicable Court _ty ordinances, policies, and procedures. GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES mo Lands End Preserve will be developed as a mixed use residential community, which may feature a full array of residential dwelling types, and a recreation center, providing for activities such as community gatherings, recreational amenities, convenience commercial uses and personal services, central to community residents. The Conceptual Master Plan is illustrated graphically on Exhibit "A". A Land Use Summatw indicating approximate land use acreages is shown on the plan. The master plan is conceptual, and the location, size, and configuration of individual recreational area, and water management features, tracts development and shall be determined at the time of Final Site Development Plan and/or Preliminary Subdivision Plat approval with minor adjusunents at the time of Final Plat approval, in accordance wSth Section 3.2.7 and 3.3 of the LDC. 2.3 COMPLIANCE WITH COUNTY ORDINANCES Regulations for development of Lands End Preserve shall be in accordance with the contents of this PUD Ordinance and applicable sections of the LDC (to the extent they ,are not inconsistent with this PUD Ordinance) and the Growth Management Plan which are in effect at the time of issuance of any development order to which said regulations relate which authorize the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. Where specific standards are specified in this PUD, these standards shall prevail over those in the LDC. Bo Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at tb~ time of development order application. Co Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance, Division 3.15 of the LDC. Unless modified, waived or excepted by this PUD or by subsequent request, the provisions of other sections of the Land Development Code remain respect to the development of the land which comprises this PUD. JANp . 2003 I All conditions imposed herein or as represented on the Lands End Preserve Master Plan are part of the regulations which govern the manner in which the land may be developed. The Subdivisions Division of the LDC (Article 3, Division 3.2) shall apply to Lands End Preserve, except where an exemption or substitution is set forth herein or otherwise granted pursuant to the Land Development Code, Section 3.2.4. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall apply to Lands End Preserve, except where an exemption is set forth herein or otherwise granted pursuant to the Land Development Code, Section 3.3.4. Recognizing that the plans for development of tracts have not been designated with a specific dwelling unit type, the type of dwelling unit which characterizes the initial development of any platted tract shall be carried out throughout the development of that entire tract. However, tracts platted for the purpose of establishing prototypical model homes shall be not be required to develop with a singular dwelling unit type. 2.4 ROADWAYS Roadways within Lands End Preserve may be privately owned and maintained. Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted bv this PUD or approved during Preliminary Subdivision Plat approval. The Developer reserves the fight to request substitutions to Code design standards in accordance with Section 3.2.7.2 of the LDC. The Developer retains the right to establish gates, guardhouses, and other access controls as may be deemed appropriate by the Developer on all internal and privately owned and maintained pr0iect roadways. Roadways within Lands End Preserve shall be designed and constructed in accordance with Section 3.2.8 of the LDC with the following substitutions: 3.2.8.4.16. Streets and access improvements 1. Section 3.2.8.4.16.5, Street Right-of-Way Width Street right-of-way width: The minimum right-of-way width to be utilized for local streets and cul-de-sacs shall be forty (40) feet. Drive aisles serving multi-family tracts shall not be required to meet this standard. Section 3.2.8.4.16.6, Dead-end Streets Cul-de-sacs may exceed a length of one thousand (1,000) feet. I !~Z~992 2-6 I 2.5 3. Section 3.2.8.4.16.8, Intersection Radii Intersection radii: Street Intersections shall be provided with a minimum of a twenty (20) foot radius (face of curb) for all internal project streets and a thirty-five (35) foot radius for intersections at project entrances. 4. Section 3.2.8.4.16.10, Reverse Curves Reverse Curves: Tangent shall not be required between reverse curves on any proiect streets. 3.2.8.3.17 Sidewalks, bike lanes and bike paths 1. Section 3.2.8.3.17.3 The primary project entry road and loop road system shall have a minimum eight feet (8') wide pathway on one side of the street, or a 5 feet wide pathway on both sides of the street, which may meander in and out of the right-of-way. Cul-de-sacs and private streets less than five hundred (500) feet shall not be required to provide sidewalks. Cul-de-sacs and private streets exceeding one thousand (1,000) feet in length shall provide sidewalks on one side of the roadway. LAKE SETBACK AND EXCAVATION The lake setback requirements described in Section 3.5.7.1 of the LDC may be reduced subject to the provisions established in Sections 3.5.7.1.1 and 3.5.7.1.2 of the LDC. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1. and subject to permit approval of the South Florida Water Management District. Removal of fill and rock from Lands End Preserve shall be administratively permitted to an amotmt up to 10 percent per lake (20,000 cubic yards maximum), unless issued a commercial excavation permit. 2.6 USE OF RIGHTS-OF-WAY Utilization of lands within all proiect rights-of-way for landscaping, decorative entranceways, and signage shall be allowed subject to review and administrative approval by the Developer and the Collier County Engineering Director for engineering and safety considerations during the development review process and prior to any installations. 2.7 MODEL HOMES/SALES CENTERS/SALES OFFICES/ 2-7 I CONSTRUCTION OFFICES A. TEMPORARY CONSTRUCTION AND DEVELOPMENT PERMITS 2.8 During the construction of any development for which at least a preliminary development order has been granted, the developer may request a temporary_ use permit for the below-listed activities subject to the procedures established in Section 2.6.33. Temporary construction and development permits shall be allowed for the following uses: Temporary_ offices to be used for construction, real estate sales and administrative functions within the development. Temporary Sales Centers and Model Homes On-site storage of equipment and construction materials for use on the development site only. On-site mobile home used as a temporary_ office or storage facili _ty for persons engaged in the development of the site. On-site mobile home for the use of a watchman or caretaker onlv. On-site temporary use of structures and equipment for the building of roads, public utilities, and government projects. CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Chances and amenchnents may be made to this PUD Ordinance, PUD Master Plan as provided in Section 2.7.3.5 of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application required by the LDC. 2.9 COMMON AREA MAINTENANCE Common area maintenance will be provided by a Community Development District (CDD) or by a Property Owners' Association. For those areas not maintained by a CDD, the Developer will create a property owners' association or associations, whose functions shall include provisions tbr the perpetual maintenance of coxnmon facilities and open spaces. The CDD or the property_ owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems. JAN ltl 2003 I 2.10 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Lands End Preserve PUD. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: Grassed berms 4:1 Ground covered berms Perimeter 2:1 Intemal to project 3:1 Rip-Rap berms 1:1 with geotextile mat Structural walled berms - vertical Fence or wall maximum height: Six feet (6'), as measured from the finished floor elevation of the nearest residential structure within the development. If the fence or wall is constructed on a landscaped berm, the wall shall not exceed six feet (6') in height from the top of berm elevation for berm elevations with an average side slope of 4:1 or less, and shall not exceed six feet (6') in height from the top of berm elevation for berms with an average side slope of greater than 4:1 (i.e. 3:1). Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Lands End Preserve PUD boundary prior to preliminary subdivision plat and site development plan submittal. Fences and walls which are an integral part of security and access control structures such as gatehouses and control gates shall be subject to the height limitations for principal residential structures, not to exceed 35'. Eo Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, and utilities may be allowed in landscape buffers. Where such smacmres or features are located in the required landscape buffer, the landscape buffer shall be increased in width equal to the encroachment in that location, as required in Section 2.7 of the LDC. 2.11 DESIGN GUIDELINES AND STANDARDS Ao The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and develo >ment or redevelopment of relatively large tracts of land under unified ownership o~ as set forth in the LDC, Section 2.2.20.1. B. The Lands End Preserve PUD is a planned community and will be develoF unified control. The Developer will establish design guidelines and stan F:YPUD DocumcntskLands End3.doc 12/23/2002 tarU o 1 q 2003 2-9 I high and consistent level of quali_ty for residential units and related communi_ty features and facilities, which include features and facilities such as landscal~in~, hardscape, waterscapes, signage, lighting, pedestrian systems, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, berms and other similar facilities. 2.12 PRELIMINARY SUBDIVISION PLAT PHASING Submission, review, and approval of Preliminary Subdivision Plats for the project may be accomplished in phases to correspond with the planned development of the property. 2.13 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses tlu'oughout the Lands End Preserve PUD except in the Conservation Area. General permitted uses are those uses which generally serve the Developer and residents of Lands End Preserve and are t3,picallv part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set tbrth under LDC. Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary_ sewage treatment facilities. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, and access control structures. 6. Communit~ and neighborhood parks, recreational facilities. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary_ access ways, parking areas and related uses. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in PUD. i1~2002 2-10 B. Development Standards: Unless otherwise set forth in this document, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road - twelve feet (12') except for guard houses, gatehouses, and access control structures which shall have no required setback. 2. Setback from PUD boundary: See Table 1, Development Standards. 3. Minimum distance between unrelated structures - ten feet (10'). 4. Maximum height of structures - See Table 1, Development Standards. 5. Minimum floor area - None required. 6. Minimum lot or parcel area - None required. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with LDC in effect at the time of Site Development Plan Approval. 2.14 OPEN SPACE REQUIREMENTS The Collier County Land Development Code requires that mixed-use residential proiects maintain open space at a minimum of 30% of the proiect area. The PUD Master Plm~ identifies preserves, lakes, recreation tracts and buffers as open spaces. These areas, in coniunction with open space areas included wStlfin the Residential areas, will satisfy the 30% open space requirements of Section 2.6.32 of the LDC for mixed-use developments. 2.15 NATIVE VEGETATION RETENTION REQUIREMENTS A. Pursuant to Section 3.9.5.5.3 of the LDC. 25% of the viable naturally functioning native vegetation on site shall be retained. 2.16 SIGNAGE A. GENERAL All signs will be in accordance with Division 2.5 of the Collier County Land Development Code except in the following instances. Two ground or wall entrance signs are allowed at the entran individual residential tract shown in Exhibit "A" and shall be size to 60 square feet each and shall not exceed a height of 6 sigms shall not contain more than the proiect name of the indN F:~O~m ',L,%~';DSEI'AD~&EPZ\S?,ORGpLrD.DOC~ ~ dua~t'~c~, I£UU~ 2.18 Two ground signs fronting on Barefoot Williams Road, one north and one south of the main project entrance, shall be allowed in addition to other signage allowed by Division 2.5, of the Land Development Code. Each of these permitted signs shall be limited to 120 square feet in area; supplemented with significant landscaping; contain only the main project name and insignia or motto of the entire development; and be architecturally compatible with landscaped buffer along Barefoot Williams Road and the common architectural theme of the entire project. SIDEWALKS/BIKEPATHS Pursuant to LDC, Section 3.2.8.3.17 and Section 2.4 of the Lands End Preserve PUD, sidewalks/bike paths shall be permitted as follows: An internal pedestrian walkway system is permitted within drainage easements. Where such a pedestrian system is provided, no sidewalk shall be required adjacent to the right-of-way serving the adjacent residential tract. Sidewalks may be located outside platted right-of-way, when located within a separate sidewalk easement. Sidewalks may be located within landscape buffers and/or easements; however, the landscape buffer shall be increased in width by an amount equal to the encroachment, at the point of encroachment. F:LPUD Doeuments~aads End2.doe 12~23/2002 JAN 1 ~ 21~3 2-1 SECTION III RESIDENTIAL/GOLF 3.1 PURPOSE The purpose of this Section is to idgntify ~permittexi uses and development standards fo '~ `4 .... 1 ........ , :. ,~ o~;`4~-,:~ ^ ..... ~. ...... ~a.:, ,, ^,, areas within Lands End Preserve designated on the Master Plan as "R/G", Residential/Golf. 3.2 MAX1MUM DWELLING UNITS The--~im ....... ~.~.~c~.~:`4-~:-, .~ .... u:...A maximum of 725 approved residential dwelling units witSAn '~e PUD ~h-A! be 796 '&~t~.may be constructed on lands designated "R/G," Residential/Golf on the PUD Master Plan. For purposes of project densiW 16 ALF units shall constitute 1 Residential dwelling unit. 3.3 ~ere oeo~srvwen~.x.~.xo ~. DESCRIPTION 2-2 J 10. JAN 1 ~ 2003 2-3 24 I f~l-l~D DFCll~l~l A · C? A ~b A Front Y~ S=tS~k ~ S!~: Y~'d S:tback ~ L"2;: S~5ack ~ ~a;.; .... r~ .... ~ .... ;. ~n~ ...... =~, ~ nan ~a ~ 5edro~m F:~©~?L %NDS EN D~LEp~£ ?~ORGPLrD.L'Z~C~ ~ AGENDA JAN 1 ~ 2003 2-1 J D'~F~DT~A~rlFI~I A~TI'IT Al.rl~ ADI2A(~ pur--~se . /I '~TTC~I~'~C~ '01~D'~/I'TTTI~IT A D.r.;~,;~I T T .... !/22/2002 2-2 I AGENDA I*IT.M~ JAN 1 ~ 2003 3-1 { d~ 1 DI TD Dh~ L"' F:XPUD DocumtmtsXLands EndULdoc 12/23/2002 JAN 1 z~ 2003 :3-2 I /, ;11'1'i ,/~l · l~g"' l~'t' T'kTcTDTT)TTTTI~]~IT 1 12/23/2002 _FAPUD Documents'J~nds EndUL. doc JAN 1 6 2003 3-3 J A.Two F:hoUD Do~uments~l_~nds EndULdoc 12/23/2002 .~_~ t~ JAN 1 h 2003 { 6.gPOLLINC PLACES _FAPLrD Documcuis~ands EndUL. doc 3-5 K 1 '}~tYt[ A TI?D ll.I A ~ A Areas designated as "R/G," Residential/Golf on the Master Plan are designed to accommodate a full range of residential dwelling _types, general permitted uses as described by Section 2.14, a full range of recreational facilities, essential services, and customary accessory_ uses. The approximate acreage of the area designated as "R/G", Residential/Golf is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. Residential/Golf tracts are designed to accommodate internal roadways, open spaces, golf course uses and other similar uses found in residential _F:~UD Documents~Lands EndUL. doc 12/23/2002 JAN 1 6 2003 3-6 Multi-family dwellings including highrnid-rise, coach home and garden apartments ~.,~,: f~;l=, k,,;1,4l ......... ,4;..,,~ '2~' ;~ h~l,Th, ~hnll i.,,~ Model homes and model home centers including offices for project administration, construction, sales and marketing. 6. Assisted living facilities (ALF) 7. Recreational facilities such as parks, play grounds, and pedestrian/bikeways 8. Golf course and golf course related facilities. B. Accessory Uses and Structures: Accessory uses and structures customarily associated with principal uses permitted in this district, including swimming pools, spas and screen enclosures, recreational facilities designed to serve the development and provide essential services. Golf course related accessory uses including but not limited to clubhouses, golf maintenance facilities, restaurant, and driving range. 3.5 DEVELOPMENT STANDARDS Table 1 sets forth the development standards for land uses within the Lands End Preserve PUD ResidentiaL/Golf area. The following standards shall be applicable to the proposed ALF. Standards not specified herein shall be those specified in Section 2.26.20 of the LDC in effect as of the date of adoption of this PUD Ordinance. 1. Minimum Lot Size - 5 acres, not to exceed a maximum of 10 acres. 2. Minimum Yard Requirements: Front: 25' Side: 15', except no setback shall be required fi.om any lake easement. Rear: 25', except that no setback shall be required from any lake easement. 3. Floor Area Ratio; .45 FAR. 4. Maximum Height: 3-stories over 1-1evel of parking. Bo Site development standards for single family, zero lot line, patio home, two-family, duplex, single family attached and town home uses apply to individual residential lot boundaries. Multi-family standards apply to platted parcel boundaries, unless otherwise specified. FAPUD Documcnts~Lands End3.doc 12/23/2002 JAN 1 2003 3-7 Side: 15', except no setback shall be required fi.om any Lake easement. Rear: 25', except that no setback shall be required from any Lake easement. Floor Area Ratio .45 FAR. Maximum Height: 3-stories over l-level of parking. Bo Site development standards for single family, zero lot line, patio home, two-family, duplex, single family attached and town home uses apply to individual residential lot boundaries. Multi-family standards apply to platted parcel boundaries, unless otherwise specified. Co Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Lands End Preserve design guidelines and standards, are to be in accordance with the LDC in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. During the Platting process, the developer shall identify the specific housing tv~e intended for each platted tract. _FAPUD DocumentskLands EndUL. doc i 2/23/2002 JAN 16 2003 3-$ TABLE 1 LANDS END PRESERVE PUD DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREA SINGLE FAMILY PATIO & ZERO TWO SINGLE FAMILY MULTI FAMILY DETACHED LOT LINE FAMILY/ A'I'FACHED/ DWELLINGS DUPLEX TOWNHOME Minimum Lot Area 5,000 SF 4,000 SF 3,500 SF 3,500 SF NA Minimum Lot Width '~' 40 35 35 20 NA [ Front Yard Setback (Principal and Accessory) 20 20 20 20 20 Front Yard for Side Entry Garage 12 12 12 12 12 Rear Yard SetbackTM (Principal) I 0 10 10 10 15 Rear Yard Setback (Accessory) '~ 5 5 5 5 5 Side Yard Setback 6 0 or 6'n-~ 0 or 6'4-~ 0 or 6.4_~s NA Maximum Height '-~ 75' over i le 'el of Principal 35 35 35 35 parking not to :xceed 86' above Fi .MA clevatio Accesso~, 30 30 30 30 30 Floor Area Minimum (SF) 1200 SF 1200 SF 1200 SF 1200 SF 1000 SF Minimum Distance Between Principal Structures NA 5 or 10TM 5 or 10TM 15 feet'-'-~'4 .5 SBH or 15 ~eet's3'q BH: Building Height SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. Front yards shall be measured as follows: A. If the parcel is served by a public or private right-of-way, setback is measured I~om the adjacent right-of-way line. *1 - Setback fi'om lake easements for all accessory uses and sU'uctures may be 0'. Setback from preserve areas shall be 25' for principal sl~'uctures and 15' for accessory structures. *2 - Minimum lot width for cul-de-sac lots consistent with the measurement standards eslablished in Division 6,3 of thc LDC. *3 - Zero feet (0') or a minimum of six feet (6') on either side except that where thc zero foot (03 yard option is utilized, thc opposite sidc of thc slxucture shall have a twelve foot (12~) yard. Zero foot (0') yards may be used on either side ofa slxucture provided that the opposite twelve-fool (12') yard is provided. Patios, pools and screen enclosures may encroach into the twelve foot (12') yard and may attach at the common property line. Where this option is used, a conceptual site plan for all lots platted for patio and zero lot line shall be submitted to the Building Depar~ent with the application for the rust building Permit_ This plan will be used to determine the twelve foot (12') spacing requirement between s~uctures. .... ~'2~fl~ ~%',k. ...... k..~~ ;~.. [ .............. k ...... ~-~----~ ....... '--~]'~..,~'~. ~'--~*~ ]~']].~.~;~'~'~:~,~]'~'~%,~%'L;~.~ ~[~,'; .......-.-- ........ ...... subj~ m ~ di~ ~ a ~ ~ ofsi~ pl~ ~i~. ] / * 5 - No Mulfi-f~ih' buildin~ ex~ing 3_' over I level of p~ing sh~l ~ ~i~ within 2~' of B~f~t Willies R~ d~t~f-way. Building hell, shall ~ me~u~ ~ defined in Division 6 of~e ~. ] F:~PUD Documents~Lands End3.doc 12/23/2002 4-1 I SECTION IV RECREATION CENTER 4.1 PURPOSE The purpose of this section is to identify_ permitted uses and development standards for areas within Lands End Preserve PUD designated on the Master Plan as RC, "Recreation Center." 4.2 GENERAL DESCRIPTION The approximate acreage of the Recreation Center is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. The Recreation Center is designed as a mixed use area which will accommodate a variety of active recreational and personal services for Lands End Preserve residents mad guests. 4.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used. in whole or part, for other than the follov~Sng: Recreational facilities and structures such as pools, fitness facilities, clubhouses with dining, meeting rooms, communi _ty buildings, playgrounds, playfields, and tennis courts. Bo Neighborhood Village Center. A maximum of 4.5 acres or 10,000 square feet of gross building area may be utilized for a variety of convenience commercial and personal service uses including, but not limited to, real estates sales offices, (on-site) restaurants, delicatessen, convenience market, satellite banking, auto washing, postal station, beauty_ salon, and other permitted uses in accordance with Section 2.2.20.3.14 of the LDC. Neighborhood Village Center. Further, Neighborhood Village Center uses shall be subject to provisions of Section 2.20.3.14 of the LDC. C. Permitted Accessory Uses and Structures Accessory uses and structures customarily associated with principal uses permitted in this district. _F:XPUD DocumentsXl.~nds EndULdoc 12/23/2002 JAN 1 2003 4-2 4.4 Accessory uses and structures, normally associated with Neighborhood Village Center uses, as permitted under Section 2.2.20.3.14 of the LDC. DEVELOPMENT STANDARDS A. Minimum Yard Requirements: Front Yard: Twenty-five feet (25') Side Yard: Fifteen feet (15'). Rear Yard: Fifteen feet (15'). Setback from a lake (or conservation area) for all principal and accessory uses may be zero feet (0') provided architectural bank treatment is incorporated into the design. Exterior lighting shall be arranged in a manner, which will protect roadways and residential properties fi'om direct glare or unreasonable interference. Maximum height of structures - Forty feet (40); except clock towers or similar architectural features, which shall be permitted up to ilfb/feet (50'). Minimum distance between principal structures - Ten feet (10') or greater if required by local fn'e codes at time of development. E. Minimum distance between accessory structures - Ten feet (10'). Fo Par -kh~g for uses and structures constructed in the Recreation Center: one (1) space per five hundred (500) square feet of Buildine Area. No additional parking shall be required for any outdoor recreation use located in the Recreation Center. _F:~UD DocumentsLLands EndULdoc 12/23/2002 JAN 1 zl 2003 5-1 SECTION V PRESERVE 5.1 PURPOSE 5.2 The purpose of this Section is to identify permitted uses and development standards for the area within Lands End Preserve designated on the Master Plan as "P" Preserve. GENERAL DESCRIPTION Areas designated as "P", Preserve on the Master Plan are designed to accommodate conservation, passive recreation and water management uses and functions. The approximate acreage of the Preserve is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. The configuration of these areas may change due to permitting requirements with the SFWMD and USACOE; however, the acreage shall be substantially consistent with that shown on the Master Plan. Actual acreages of preserve areas will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used. or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Boardwalks, nature trails, shelters, and the like. Water management structures, with approval by Collier Coun_ty Environmental and Engineering Review Sections. 5.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements o From PUD or external Development tract boundary: From Internal tract boundary: From Lake/Preserve: Fifteen Feet (15') Ten Feet (10') Zero Feet (0') B. Maximum Height of Structures: Twenty-five Feet (25') _F:LOUD DocumentskLands EndUL.doc 12/23/2002 JAN lq 200 1 6-1 6.1 6.2 SECTION VI GENERAL DEVELOPMENT COMMITMENTS PURPOSE The purpose of this Section is to set forth the development commitments for the Lands End Preserve project. PUD MASTER DEVELOPMENT PLAN A. All facilities shall bc constructed in accordance with thc final site development plans, final subdivision plans and all applicable State and Local laws, codes and regulations except where specifically noted. The PUD Master Plan (Exhibit A) is an illustration of the conceptual development plan. Tracts and boundaries shown on the plan are conceptual and shall not be considered final. Actual tract boundaries shall be determined at the time of preliminary subdivision plat or site development plan approval. Co All necessary easements, dedications, or other instruments shall be granted to insm'e the continued operation and maintenance of all utilities. 6.3 ENGINEERING Except as noted herein, all project development will occur consistent with Divisions 3.2 and 3.3 of the LDC. 6.4 UTILITIES mo Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the developer. Potable water and sanitary sewer facilities constructed within platted rights-of-way or within dedicated County utility easements shall be conveyed to Collier County, pursuant to Collier County-Ordinance 97-17 except as may be provided in Section 2.6 of this document. Bo Upon completion of the utility facilities, they shall be tested to insure they meet Collier County's utili_ty construction requirements in effect at the time construction plans are approved. 12/23/2002 FAPUD Documents~Lands EndUL.doc ! JAN 2003 I 6.5 Co A hydraulically sized water main and sewage force main shall be extended to the project site via Tower Road and Barefoot Williams Road. All customers connecting to the potable water and sanitary_ sewer system shall be customers of the County. WATER MANAGEMENT Ao In accordance with the rules of the South Florida Water Management District, this project shall be designed for a storm event of a 3-day duration and 25-year return frequency. Bo An Excavation Permit will be required for the proposed lakes in accordance with Division 3.5 of the Collier County LDC. All lake dimensions will be approved at the time of excavation permit approval, and shall be consistent with permits issued by the South Florida Water Management District. The Lands End Preserve conceptual surface water management system is described in the Surface Water Management and Utilities Report which has been included in the PUD Rezone application materials. ,,~ ....... ~ .~:. ~, ..... ~ ~:~:,~ T~;~ p!mn~is project shall be reviewed ~d approved by the Collier Co~W b"~ ~Sto~water M~agement Section prior to cons~ction plus approve. Lake sideslopes must confom to the requirements of section 3.5 of the L~d Development Code. 12/23/2002 F:~UD DocumentsXl. ands EndUL. doc JAN 16 2003 6-3 [ .Two 4.As a F:LOLTD Documents~ands EndULdoc 12/23/2002 JAN 1 4 2003 A All E. This project must obtain an Environmental Resource Permit from the South Florida Water Management District prior to Site Development Plan approval. Fo The project shall evaluate offsite flows coming onto the property from adjacent properties and analyze them to ensure that there is sufficient capacity, in the proposed perimeter bypass swale system without causing flooding or causing adverse surface water conditions to the adjacent property_ owners. This information shall be provided at the time of construction plan review. The PUD Amendment, if approved, shall contain a statement to the effect that the perimeter bypass swale system shall be placed within a drainage easement dedicated to Collier County. with no responsibility for maintenance, and that the responsible entity for the Lands End Preserve shall maintain the perimeter bypass swale system free of buildings, fences, trees, shrubs, and any other obstructions to free flow discharge, including dense vegetation. The bypass perimeter swale shall be inspected monthly, between the months of June and November, to ensure the system is capable of working and a permanent record maintained showing, at a minimum, the name of the person performing the inspection, their position of authority for the Lands End Preserve, and the conditions observed. 6.6 ENVIRONMENTAL F:XPUD DocmnentsXl..and~ EndUL.doc 12/23/2002 AC3F. hDA ITI~iK JAN I 2003 6-3 perimeter swale shall be inspected monthly, between the months of June and November, to ensure the system is capable of working and a pem~anent record maintained showing, at a minimum, the name of the person performing the inspection, their position of authority for the Lands End Preserve PUD, and the conditions observed. 6.6 ENVIRONMENTAL Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty- 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 Resources Permit Rules and be subject to review and approval by Planning Services staff. An exotic vegetation removal, monitoring and maintenance plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Planning Services Staff for review and approval prior to final site plan/construction plan approval. A schedule for exotic vegetation removal within all conservation/preservation areas shall be submitted with the above-mentioned plan. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Do The Lands End PUD shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected species on-site. A Habitat Management Plan for those protected species shall be submitted to Planning Services Staff for review and approval prior to final site plan/construction plan approval. 6.7 TRANSPORTATION Ao All traffic control devices used must be in accordance with the Standards as adopted by the Florida Department of Transportation (FDOT), as required by Florida Statutes - Chapter 316 Uniform Traffic Control F:LPUD DocumentsLLands End3.doc ! 2/23/2002 Bo All traffic speed limit postings must be in accordance with the Speed Zoning Manual as adopted by the Florida Department of Transportation (FDOT), as amended, as required by Florida Statutes - Chapter 316 Uniform Traffic Control Law. Arterial level street lighting must be provided at all development points of ingress and egress. Said lighting must be in place prior to the issuance of the first permanent certificate of occupancy. Do External and internal improvements determined by Collier County Staff to be essential to the safe ingress and egress to the development will not be considered fo i p fe dit ^n .... ,,' ~ ......... r m act e ere s .............. v ..................... v ....v ......... Bo Road Impact Fees will be paid in accordance with Collier County Ordinance 2001-13, as amended, and will be paid at the time building permits are issued, unless otherwise approved by the Collier County Board of Commissioners. Any and all points of ingress and/or egress as shown on any and all plan submittal(s) are conceptual in nature and subject to change, as determined by Collier County Staff. The County reserves the right to modify or close any ingress and/or egress location(s) determined to have an adverse affect on the health, safety and welfare of the public. These include but are not limited to safety concerns, operational circulation issues, roadway capacity problems, etc. Any and all median opening locations must be in accordance with the Collier County Access Management Policy, as amended, and Land Development Code (LDC), as amended. Median access and control will remain under the County's authority. The County reserves the fight to modify or close any median opening(s) determined to have an adverse affect on the health, safety and welfare of the public. These include but are not limited to safety concerns, operational circulation issues, roadway capacity problems, etc. Ho Nothing in any development order will vest the right of access over and above a fight in/right out condition. Neither will 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 developer(s), its successor(s) in tide, or assignee(s). The development will be designed to promote the safe travel of all users including pedestrians and bicyclists. FSPUD Doeumcnts~t~ands End3.doe 12/23/2002 Pedestrian and bicycle travel ways will 6-5 Jo Ko Po from vehicular traffic in accordance with recognized standards and safe practices, as determined by Collier County staff. The developer(s) will be responsible for the cost of any and all traffic signal(s), at any and all development entrances(s), when determined warranted and approved by Collier County. When warranted, upon the completion of the installation, inspection, bum-in period, and final approval/acceptance of any and all traffic signal(s), said traffic signal(s) will be turned over (for ownership) to Collier County, and will then be operated and maintained by Collier County Transportation Operations. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and all other neighboring developer(s)/property owner(s), that directly benefit from said traffic signal(s), will be determined based upon percentage of usage/impact. The developer(s) must provide any and all site related transportation improvement(s) including, but not limited to, any and all necessary mm lane(s) improvement(s) at the development entrance(s) prior to the issuance of the first permanent certificate of occupancy. Said improvements are considered site related, and therefore, do not qualify for impact fee credits. When said turn lane improvement(s), whether left mm lane(s) and/or right mm lane(s), are determined to be necessary, right-of-way and/or compensating right-of-way, will be provided in conjunction with said improvement(s), as determined by Collier County staff. All work within Collier County right-of-way will meet the requirements of Collier County Ordinance No. 93-64. All intemal access(es), drive isle(s), sidewalk(s), etc., not located within County fight-of-way will be privately maintained by an entity created by the developer(s), its successor(s) in title, or assignee(s). If any of the entrances are to be gated, the gates and gatehouse shall be designed and located so as not to cause vehicles to be backed up onto Tower Road or Barefoot Williams Road. ~.~qos rrr~ JAN 1 6 2003 FSPUD Documents~ands End3.doc ! 2/23/2002 6-6 Qo This project shall provide a "fair-share" contribution toward the signalization costs of the intersections between U.S. 41 and Barefoot Williams Road, and Tower Road and S.R. 951, when any of these intersections are deemed warranted for a traffic signal. Signal warrants shall be determined by Collier County. Such traffic signals shall be owned, operated and maintained by Collier County. To ily tip (ADT) At the time there are 2,000 average da t s on p~.lC2r +k~ r~ .... ! ..... ~11 ; ....... Tower .................................. CCC~ Road ~om S.R. 951 to B~cfoot Willies Road as dctc~incd in thc ~ual PUD monitofin[ report at a point approximately 500 feet east of Barefoot Willies Road, this section shall bc improved. This improvement shall ~ incrc~ thc pavement ~dth to 22 feet, constructing 2 foot stabilized shoulders, rcsurfac~ thc pavement with % -inch ~c S-3 ~phalt, -~d rcstfip~ thc new s~acc ~d constmct~ ~ 8' wide multip~osc pahway on one side of thc roadway. Concurrent with construction and pPrior to the issuance of the first residential certificate of occupancy, the Developer shall construct Barefoot Williams Road from Tower Road north to what is now the southern terminus of pavement on Barefoot Williams Road.the --~:~+ ~"+ .... The construction shall be a rural l.,z ,.,j ~,,.,,. type cross-section with 22 foot pavement widths, 2 foot stabilized shoulders_ ",,nd open drainage and an 8' wide multipurpose pathway on one side of the roadway. ~At the txme there are .,,,,. },.,,j,.,,, ~, .......... ,,.,,,.2,000 average daffy trips (ADT) [ .... .~. ^.1~ ........ 1 OTTl'~ ~^.1+~.4 ...... ,,.+ *1.,~ I'~ .... 1 ..... I..,~11 ; ........ ..a~...~..I-- Barefoot Wflhams Road from Tower Road ............ : ................ ~ .... ~, Fi",, ~ ..... ~ _^..,;~. ^,-Dn.~,-^~, xxr;!!;n~. ROad to Price Street as determ ned in the [ - ' JAN ii 20011 F:LoUD Documcnts~Lands End3.doc 12/23/2002 12399470~75 11/04 '02 09:31 N0.561 0~/0~ .Q GRADY MINOR EXECUTIVE SUMMARY PETITION PUDZ-01-AR-1749, WILLIAM L. HOOVER OF HOOVER PLANNING, REPRESENTING MARK L. LINDNER, TRUSTEE, REQUESTING A REZONE FROM "A" RURAL AGRICULTURAL AND "PUD" PLANNED UNIT DEVELOPMENT TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS THE MISSION HILLS PUD ALLOWING FOR COMMERCIAL USES FOR PROPERTY LOCATED AT THE NORTHWEST QUADRANT OF THE INTERSECTION OF COLLIER BOULEVARD (CR-951) AND VANDERBILT BEACH ROAD (C.R. 862) IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of County Commissioners consider an application to rezone the subject site from "A" and "PUD" to "PUD" allowing for a 33.45-acre commercial shopping center that is consistent with all the applicable codes and regulations in order to ensure that the community's interests are maintained in this community. CONSIDERATIONS: The proposed Mission Hills PUD is intended to allow for convenient shopping and personal service facilities that are limited to a maximum of 200,000 square feet of gross leasable floor area. The subject PUD allows retail uses that are generally consistent with the C-3 uses and some of the similar C-4 uses that are provided for in the Collier County Land Development Code. Staff has historically interpreted "Neighborhood Commercial" to mean the uses in the C-1 through C-3 zoning districts while allowing for compatible uses found in the higher intensity zoning districts. The PUD Master Plan indicates that the main shopping center area consists of approximately 22.17-acres while the open space and preserve areas comprise approximately 13.75-acres. Staff has reviewed the applicant's Traffic Impact Statement (TIS), evaluated the potential transportation impacts of the proposed application and has the following comments. The site-generated trips are estimated to be approximately 6,280 Weekday Daily Trips, 142 A.M. Weekday Peak Hour Trips, and 585 P.M. Peak Hour Trips. The project will have significant impact on Collier Boulevard (CR-951) between Immokalee Road (CR-846) and Golden Gate Boulevard along with Vanderbilt Beach Road (CR-862) between CR-951 and Oakes Boulevard. However, the project trips will not lower the level of service below the adopted minimum standards for these two road segments. Furthermore, the project will not have significant impact on the remainder of the roads within the radius of development influence. The project trips will not lower the operational level of service standards on any of the roadways within the influence area where the project has impacts of significance (5 percent of the peak season, peak hour service volume). JAN I t~ 2OO3 The projected traffic volume in 2003 for Collier Boulevard from CR-846 to Golden Gate Boulevard is estimated to be 15,689 AADT (Annual Average Daily Traffic). This results in a Level of Service "C" operation while the minimum standard for this segment is LOS "D". The projected volume for Vanderbilt Beach Road between CR-951 and Logan Boulevard is 13,087 AADT, which results in LOS "C" operation for this segment. Therefore, the petition is consistent with Policies 5.1 and 5.2 of the Transportation Element. FISCAL IMPACT: This PUD by and of itself will have no fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be developed. The mere fact that new development has been approved will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. The following impact fees will be applicable to this 200,00 square foot project: · Fire Impact Fee: · Parks · Road Impact Fee: · Correctional Facilities: · Radon Impact Fee: · EMS Impact Fee: · Building Code Adm.: $0.30 per square feet under roof $820 $4,032.00 per 1,000 square feet $1.0920 per square foot $0.005 per square foot of building $200.00 per 1,000 square feet $0.005 per square foot of building It should be noted that because impact fees vary by land use type and because this approval does not provide this level of specificity as to the actual type of use, the total impact fee of $1,073,620.00 is at best a raw estimate. Additionally, there is no guarantee that the project at build-out will have maximized its authorized level of development. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad valorem tax rates. The revenue that will be generated depends on the value of the improvements. At this point in time a model has not been developed to arrive at a reasonable estimate of tax revenue based on ad valorem tax rates. Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads that may have local geographic concurrency implications. JAN 1 2003 GROWTH MANAGEMENT IMPACT: The subject property is currently designated Urban - Mixed Use District, Vanderbilt Beach/Collier Boulevard Commercial Sub-district as identified on the Future Land Use Map of the Growth Management Plan (GMP). Relevant to this petition, this Sub-district permits retail uses, financial institutions, business services, professional and medical offices, and other uses permitted in the FLUE such as institutional, recreation and open space. Specific development standards in this proposed Sub- district include a maximum gross leasable floor area of 200,000 square feet, a maximum height of (1) story for retail uses and (3) stories for financial services and offices. This Sub-district also requires a setback from a Sub-district boundary of (1) foot per foot of building height along with a common signage and architectural elements. This Sub-district is intended to create a neighborhood "focal point" and to provide convenient shopping, personal services, and employment for neighboring residential areas. It is further the intent of this Sub-district to reduce driving distances for neighboring residents along with requiring the provision of potential interconnections with adjacent properties. It should be noted that historically, "Neighborhood Commercial" has been interpreted to mean most uses in the C-1 through C-3 zoning districts. However, some of the proposed uses that were originally submitted in the PUD Document were from the C-4 (General Commercial) and C-5 (Heavy Commercial) zoning districts. These are not neighborhood commercial uses as the proposed Sub-district intends. Based on this determination, the petitioner has agreed to limit the uses contained in the PUD to the C-1 through the C-3 zoning districts. Based upon the above analysis, Comprehensive Planning staff concludes this PUD may be deemed consistent with the in the Vanderbilt Beach/Collier Boulevard Commercial Sub-district as contained in the FLUE. ENVIRONMENTAL ISSUES: The Environmental Review Staff has reviewed the petitioner's Environmental Impact Statement (EIS) and has recommended approval subject to a minimum of 4.25 acres of native vegetation to be preserved on site, including all 3 strata, and emphasizing the largest contiguous area possible. This shall include 2.25-acre wetland at the southeast comer of the site and the remaining 2 acres shall be made up of an upland buffer surrounding the wetland. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The Environmental Advisory Council (EAC) heard this petition on October 16, 2002 and they recommended approval by a 7 to 0 vote subject to the stipulations contained in the EAC Staff Report. (See Attached) COLI,IER COUNTY PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) reviewed this petition during their public hearing on November 21, 2002. By a vote of 4 to 2, the CCPC forwarded Petition PUDZ-01-AR-1749 to the Board of County Commissioners (BCC) with a recommendation of approval subject to the elimhllllla~ of bowling alleys and drive-in theaters from the list of permitted uses. The Planning Co ami~~~/ voting for approval indicated that the petition was consistent with the Growth Managem 3 :nt Plan and JAN 1~1 ~ all applicable development regulations. The two Planning Commissioners voting for denial indicated that the project would adversely impact traffic flow and circulation. Staff has not received any objections and no one spoke in opposition to the petition during the public hearing. Because two Planning Commissioners voted in opposition, this petition could not be placed on the summary agenda. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of Petition PUDZ-01-AR-1749 subject to the stipulations contained in the PUD document and as otherwise described by the Ordinance of Adoption and Exhibits thereto. PREPARED BY: ~ RAY I~LOWS, CHIEF PLANNER CURRENT PLANNING SECTION /&- ?- o~ DATE REVIEWED BY: .,~0SAN MURRA~R pMLARGANNA~REG~s~RV~E sLDE'EpAIAC~P~4 IE NI~E?TO R /a -/~.oZ- DATE DATE T RATOR MUNITY DEV. AND ENVIRONMENTAL SVCS. PUDZ-0 I-AR- 1749/EX SUMMARY/RVB/rb JAN 1 q 2003, MEMORANDUM TO: FROM: DATE: RE: AGENT/APPLICANT: Agents: William L. Hoover Hoover Planning, Inc. 3785 Airport-Pulling Road Naples, Florida 34105 COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES OCTOBER 31, 2002 PETITION NO: PUDZ-01-AR-1749, MISSION HILLS PUD Owner: Mark L. Lindner, Trustee Vanderbilt Beach Road Land Trust 4099 Tamiami Trail North Naples, Florida 34103 GEOGRAPHIC LOCATION: The subject PUD is located on the northwest comer of Collier Boulevard (CR-951) and Vanderbilt Beach Road (CR-862) in Section 34, Township 48 South, Range 26 East. (See illustration on following page) REQUESTED ACTION: To have the Collier County Planning Commission consider a proposed rezone of the subject 33.45-acre site from the "A" Rural Agricultural Zoning District and Golden Pond PUD to "PUD" Planned Unit Development to be known as the Mission Hills PUD allowing for shopping, personal services and employment opportunities for neighboring residential areas. PURPOSE/DESCRIPTION OF PROJECT: The proposed Mission Hills PUD is intended to allow for convenient shopping and personal service facilities that are limited to a maximum of 200,000 square feet of gross leasable floor area. The PUD Master Plan (Exhibit "A") indicates that the main sho' >p~ng center area consists of approximately 22.17-acres while the open space and preserve ~ comprise approximately 13.75-acres. The proposed Mission Hills PUD allows retail that are consistent with the C-3 uses that are provided for in the Collier County JAN I/I 2003 Development Code. Staff has historically interpreted "Neighborhood Commercial" to mean most of the uses in the C-1 through C-3 zoning districts. SURROUNDING LAND USE AND ZONING: Existing Conditions: As noted below, the subject site is undeveloped and is currently zoned "A" Rural Agricultural and the Golden Pond PUD. Surrounding- North: East: South: West: Undeveloped land that is zoned "A" Agricultural. Collier Boulevard (CR-951) and the undeveloped Bucks Run PUD and Mission Church PUD that are approved for a church, private- school and affordable housing. Vanderbilt Beach Road and residential zoned "E" Estates. Undeveloped land that is zoned "A" Agricultural. "AII Golden Pond PUD IIAII Aerial Photograph Zoning Map GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is currently designated Urban - Mixed Use District, Vanderbilt Beach/Collier Boulevard Commercial Sub-district (Exhibit "B") as identified on the Future Land Use Map of the Growth Managet,ent Plan (GMP). Relevant to this petition, this Sub-district permits retail uses, financial institutions, business services, professional and medical offices, and other uses permitted in the FLUE such as institutional, recreation and open space. Specific development standards in this proposed Sub-district include a maximum gross leasable floor area of 200,000 square feet, a maximum height of (1) story for retail uses and (3) stories for financial services and offices. This Sub-district also requires a setback from a Sub-district boundary of (1) foot per foot of buildi~ along with a common signage and architectural elements. JAN I This Sub-district is intended to create a neighborhood "focal point" and to provide convenient shopping, personal services, and employment for neighboring residential areas. It is further the intent of this Sub-district to reduce driving distances for neighboring residents along with requiting the provision of potential interconnections with adjacent properties. It should be noted that historically, "Neighborhood Commercial" has been interpreted to mean most uses in the C-1 through C-3 zoning districts. However, some of the proposed uses that were originally submitted in the PUD Document were from the C-4 (General Commercial) and C-5 (Heavy Commercial) zoning districts. These are no_.3t neighborhood commercial uses as the proposed Sub- district intends. Based on this determination, the petitioner has agreed to limit the uses contained in the PUD to the C-1 through the C-3 zoning districts. Based upon the above analysis, Comprehensive Planning staff concludes this PUD may be deemed consistent with the in the Vanderbilt Beach/Collier Boulevard Commercial Sub-district as contained in the FLUE. Transportation Element - Staff has reviewed the applicant's Traffic Impact Statement (TIS), evaluated the potential transportation impacts of the proposed application and has the following comments. The site-generated trips are estimated to be approximately 6,280 Weekday Daily Trips, 142 A.M. Weekday Peak Hour Trips, and 585 P.M. Peak Hour Trips. The project will have significant impact on Collier Boulevard (CR-951) between Immokalee Road (CR-846) and Golden Gate Boulevard along with Vanderbilt Beach Road (CR-862) between CR-951 and Oakes Boulevard. However, the project trips will not lower the level of service below the adopted minimum standards for these two road segments. Furthermore, the project will not have significant impact on the remainder of the roads within the radius of development influence. The project trips will not lower the operational level of service standards on any of the roadways within the influence area where the project has impacts of significance (5 percent of the peak season, peak hour service volume). The projected traffic volume in 2003 for Collier Boulevard from CR- 846 to Golden Gate Boulevard is estimated to be 15,689 AADT (Annual Average Daily Traffic). This results in a Level of Service "C" operation while the minimum standard for this segment is LOS "D". The projected volume for Vanderbilt Beach Road between CR- 951 and Logan Boulevard is 13,087 AADT, which results in LOS "C" operation for this segment. Therefore, the petition is consistent with Policies 5.1 and 5.2 of the Transportation Element. HiSTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code; if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier Count'2 Cod~kl~ Enforcement Department contacted. JAN 1 21)03 ENVIRONMENTAL~ TRANSPORTATION & INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This includes a review by the Environmental, Engineering and the Transportation Department. These reviews help shape the content of the PUD document and cause development commitments to be formulated to achieve G/vIP and LDC requirements. The Environmental Review Staff has reviewed the petitioner's Environmental Impact Statement (EIS) and has recommended approval subject to a minimum of 4.25 acres of native vegetation to be preserved on site, including all 3 strata, and emphasizing the largest contiguous area possible. This shall include 2.25-acre wetland at the southeast corner of the site and the remaining 2 acres shall be made up of an upland buffer surrounding the wetland. In addition, the Environmental Advisory Council (EAC) heard this petition on October 16, 2002 and they recommended approval by a 7 to 0 vote subject to the stipulations contained in the EAC Staff Report. (See Exhibit "E") EVALUATION: 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 use change, be they positive or negative, culminating in a staff recommendation based on that overview. The listed criteria are specifically noted in Section 2.7.2.5 and Section 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 BCC. These evaluations are completed as separate documents and are attached to the staff report. (See Exhibits "C" and "D") Relationship to Future Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). In the case at hand, and based upon the FLUE, we have an expectation that the land will be used and developed for those non-residential land uses authorized within the PUD. The proposed uses are consistent with the Vanderbilt Beach/Collier Boulevard Commercial Sub-district, which provides criteria for the Neighborhood Commercial uses. Lastly, after considering the availability of community infrastructure and services it is clear that the development of the subject property is timely and consistent with the FLUE to the GMP. Relationship to Existing Land Uses: A discussion of this relationship concerns the compatibility with the adjacent properties to the north, south, east, and west. The petitioner's stated intent is to primarily construct a facility that provides convenient shopping, personal services, and employment for neighboring residential areas. The "Neighborhood Center" uses shall be developed with a unified architectural them 4 JAN 2003 I The surrounding land uses to the north and west include undeveloped land that is zoned "A" Agricultural. The lands to the west are proposed for future residential PUD allowing a mix of single and multi-family units. To the east is Collier Boulevard and a 100 foot wide canal right-of-way while further to the east are the undeveloped Bucks Run PUD and Mission Church PUD that are approved for a church, private school and multi-family residential with affordable housing units. Lands to the south of Vanderbilt Beach Road are the residential properties that are zoned "E" Estates. Those Estates parcels all take access off of 7th Avenue, which is about 800 feet south of the boundary for Mission Hills PUD. These homes are on parcels typically over 600 feet deep and nearly all of those homes have left the rear yards along Vanderbilt Beach Road forested. As indicated on the PUD Master Plan a 20-foot deep Type "D" landscape buffer along the south and east property lines is required. The PUD Master Plan also indicates that an access road will be provided along the northern property line thereby providing an interconnection with the adjacent land to the north and west. Therefore, staff is of the opinion that the proposed Mission Hills PUD is compatible with the adjacent properties. Furthermore, the application of the architectural theme and landscaping requirements should remove any perception that there are any incompatibilities with adjacent land areas. Utility, Infrastructure - The site is accessible to a public sanitary sewer and municipal water supply. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition Number: PUDZ-01-1749 to the Board of County Commissioners (BCC) with a recommendation for approval subject to staff stipulations that have been incorporated into the PUD Document. JAN 1 2003 PREPARED/~~,~BY: ~--]f]~ _- I1-1-07... DATE REVIEWED BY: ~'USAN MURRA~ ~tioA~J~T WU~RS~L~,~P, PL~~ SERVICES DEPARTMENT I/-/2 · o?_ DATE DATE APPROVED BY: ~ ~~4MUNITY DEV. AND ENVIRONMENTAL O~H K~RA T 0 R ' SVCS. Staff Report for November 21, 2002 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: KENNETH L. ABERNATHY~:HAIRMAN RVB/rb/STAFF REPORT/AR-! 749 DATE 6 JAN ! t~ 2003 ST]IH NOISSIial EXHIBIT "A" MAP 5B VANDERBILT BEACH / COLLIER BOULEVARD COMMERCIAL 8UBDISTRICT ?! ~x~z~z'~ ,'~" JAN I i 2003 REZONE FINDINGS PETITION PUDZ-01-AR-1749 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives & policies of the Future Land Use Map and the elements of the Growth Management Plan. Development Orders deemed consistent with all applicable elements of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) should be considered a positive relationship. The existing development and proposed amendment is in compliance with the FLUE of the GMP. 2. The existing land use pattern; The adjacent uses include agriculture to the north and west while residential land uses are to the east and south. e The possible creation of an isolated district unrelated to adjacent and nearby districts; The commercial site is of sufficient size and is located within Vanderbilt Beach and Collier Boulevard Commercial Sub-district. The property is of sufficient size within this sub-district; therefore this petition will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with existing land uses by virtue of its consistency with the GMP. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The proposed Mission Hills PUD district boundaries are logically drawn and they are consistent with the FLUE of the GMP. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed PUD is appropriate based on the approved Vanderbilt Beach Road/Collier Boulevard Commercial Sub-district, which was established in order to provide convenient shopping, personal services and jobs to the area. EXHIBIT "C" a e e Whether the proposed change will adversely influence living conditions in the neighborhood; The proposed Neighborhood Center is consistent with the Vanderbilt Beach and Collier Boulevard Commercial Sub-district that was recently approved by the BCC. In addition, the proposed landscaping will go a long way towards offsetting any potential adverse influences by this commercial center. In summary, the proposed PUD will not adversely influence living conditions to the adjacent neighborhoods to the south or east because the proposed development standards and other conditions for approval have been developed. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The Traffic Impact Statement (TIS) submitted for the proposed Mission Hills PUD indicates that the project will not lower any traffic level of service standard below minimum standards. (See the Staff Report for a more detailed review) Whether the proposed change will create a drainage problem; The Mission Hills PUD will not adversely impact the water management system. The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. However, as urban intensification in the absence of commensurate improvement to inter-county drainage appurtenances may increase the risk of flooding in areas when the drainage outfall condition is inadequate. In summary, every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub- surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. Whether the proposed change will seriously reduce light and air to adjacent areas; The Mission Hills PUD is subject to the development standards that apply generally and equally to all zoning districts concerning the need to prov~ required open space. The Mission Hills PUD development standards ared~signc~'r"[~J~'~'~~ 'lb ~ JAN 2003 10. to ensure that light penetration and circulation of air does not adversely affect adjacent areas. Whether the proposed change will adversely affect property values in the adjacent area; Typically urban intensification increases the value of contiguous underutilized land. However, this is a subjective determination based upon anticipated results, which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The basic premise underlying all of the development standards in the zoning division of the LDC is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed amendment to the Mission Hills PUD complies with the Growth Management Plan, which is a public policy statement supporting zoning actions when they are consistent with said plan. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property can be developed in accordance with the existing zoning. However, a denial of this petition would deny this petitioner of the oppommity to maximize the development potential of the site as made possible by its consistency relationship with the Vanderbilt Beach Road/Collier Boulevard Commercial Sub-district of the Growth Management Plan. AGE. NDA ITIE~ JAN l 2003 14. 15. 16. 17. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The project is designed in a manner that is compatible with surrounding development and with the proposed PUD properties in size and scale. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are many commercial zoned sites, which could allow this type of development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. The extent of site alteration for this project will be determined as a function of obtaining a Site Development Plan approval. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and they have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. REZONE FINDINGS/AR-1749/RVB/rb 10 JAN I ~ 2003 FINDINGS FOR PUD PUDZ-01-AR-1749 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Intensifying land development patterns produces economics of scale relative to public utilities, facilities and services, which are currently available in this area of Collier County. Development of land that has legal access, and is adjacent to existing residential and commercial development continues to be suitable for a shopping center. Jurisdictional reviews by County staff support the manner and pattern of development approved and constructed for the subject property. Development conditions contained in the proposed Mission Hills PUD document give assurance that all infrastructures will be developed and are consistent with County regulations. Any inadequacies that require supplementing the PUD document will be recommended to the BCC as conditions of approval by staff. e Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). The subject petitio:t has been found consistent with the goals, objectives and policies of the GMP. The subject PUD allows for the proposed commercial retail facilities, which is consistent with the GMP (See Staff report). Exhibit "D" 11 JAN 1 ~ 2003 m The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The subject PUD proposes a common architectural design and development standards that reflect the criteria of the Vanderbilt Beach Road/Collier Boulevard Commercial Sub-district. In addition, landscaping has been provided to buffer the adjacent residential. The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of open space separation. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The proposed PUD amendment will not adversely impact the timing or sequence of development that is currently allowed under the existing zoning. Furthermore, the adopted concurrency requirements ensure that further LOS degradation is not allowed or the LOS deficiency is corrected. e The ability of the subject property and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report adopted by the CCPC Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criterion essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. FINDINGS FORAR- 1749/RVB/rb 12 JAN 1 2003 Item. VI.A ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF OCTOBER 16~ 2002 Il. III. NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: Planned Unit Development PUDZ 2001 AR 1749 Mission Hills PUD Mark L. Lindner, Trustee, Naples Realty Davidson Engineering, Inc. Boylan Environmental Consultants, Inc. LOCATION: The subject property is located at the northwest comer of Vanderbilt Beach Road and Collier Boulevard within Section 21, Township 48 South, Range 25 East, Collier County, Florida. DESCRIPTION OF SURROUNDING PROPERTIES: The subject property is undeveloped agricultural lands and Road right-of-ways and estates residential lots. ZONING Agriculture ROW/Estates ROW/PUD Agriculture DESCRIPTION Undeveloped Vanderbilt Beach Rd./ Golden Gate Estates CR 951/undeveloped Bucks Run PUD and Mission Church PUD Undeveloped EXHIBIT IV. Ve PROJECT DESCRIPTION: The petitioner is requesting to rezone 33.45 acres from "A" Agricultural and PUD to a new Planned Unit Development (PUD) known as Mission Hills in order to allow a commercial shopping center. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject site is located within the Vanderbilt Beach/Collier BouleVard Commercial Sub-district that has frontage on two major arterial roadways. The intent of this Sub-district is to provide convenient shopping, personal services and employment for neighboring residential areas, which will reduce driving distances for neighboring residents and assist in minimizing the road network required in this part of Collier County. This sub-district is further intended to create a neighborhood focal point while the development intensity shall be limited to a maximum of 200,000 square feet of gross leasable floor area. In addition to retail uses, financial institutions, business services, and professional and medical offices shall be permitted. Retail uses shall be limited to a single story while financial services and offices shall be limited to three stories. Based on these criteria, this petition is consistent with the Future Land Use Element of the Growth Management Plan. Conservation & Coastal Management Element: Objective 2.2. of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards. To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system. This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing lakes and interconnected wetlands to provide water quality retention and peak flow attenuation during storm events. With regards to native vegetation preservation, wildlife issues and wetland issues, the following Goals, Objectives and Policies apply: Vie Objective 6.2 states, '~rhere shall be no unacceptable net loss of viable naturally functioning marine and fresh water wetlands, excluding Ixansitional zone wetlands which are addressed in Objective 6.3". This project is consistent with the current objective, if the wetlands are protected and buffered on site. If the GMP's are amended in the future to allow for impacts to these wetlands, the site plan will need to be amended. Objective 6.4 requires the appropriate portion of native vegetation be preserved, by providing for on site preservation of 15% of the existing native vegetation. It states," A portion of each viable, naturally functioning non-wetland native habitat shall be preserved or retained as appropriate". If this project provided an upland edge surrounding the wetland on site it would accomplish protection of both wetlands and pine flatwoods habitats on site. Policy 7.3.4 states, "Until management guidelines are prepared, the County will evaluate and apply applicable recommendations of technical assistance to local government and the U.S. Fish and Wildlife Service federal guidelines regarding the protection of species of special status as stipulations to development orders". The gopher tortoises on site will be provided adequate habitat; and maintained in a preserve on site. Policy 7.3.6 states, "A species survey to include at a minimum, species of special status that are known to inhabit biological communities similar to those existing on site and conducted in accordance with the requirements of the Florida Game and Fresh Water Fish Commission [Florida Fish and Wildlife Conservation Commission] shall be required for developments greater than 10 acres as part of the County's EIS review process." The survey was completed and a new one may be required prior to site improvements. MAJOR ISSUES: Stormwater Manaeement: The site is located within the Harvey Basin according to the Collier County Drainage Atlas. The proposed drainage system consists of culverts that route the stormwater runoff to a lake, which provides water quality retention and peak flow attenuation prior to discharge into the Vanderbilt Road Canal via a culvert from the se tthwest comer of the lake. This system will accommodate for any historical off-site flows coming from the north. There are no County stormwater maintenance facilities in the vicinity of the project. JAN 2003 Environmental: Site Description: The project area covers 33.45 acres, and includes 25.9 acres of uplands, 2.25 acres of wetlands and 3.2 acres of cleared or disturbed lands. The balance of acreage is within the future Collier Boulevard ROW, and was not included in the EIS for data analysis. The majority of the site is upland vegetation with small areas of previously cleared or disturbed lands. A half-acre cabbage palm hammock exits just southeast of the center of the parcel. A palmetto prairie covers approximately 1.5 acres just west of the cabbage palm hammock. The remaining 24 acres is pine flatwoods, with palmetto, myrsine, beautyberry and limited exotics. Wetlands: The subject property has a 2.25-acre wetland at the southeast comer of the parcel at the intersection of Collier Boulevard and Vanderbilt Beach Road. The isolated wetland has large specimen Bald Cypress, Red Maple and Pop Ash dominating the canopy. The midstory is swamp fern wild coffee, willow, smilax and chain fem. Brazilian pepper has begun to disturb this wetland. Information regarding seasonal high water levels was not provided in the EIS. The petitioner proposes to impact the entire wetland and mitigate offsite with forested wetlands or forested wetland credits. They believe that the isolated nature of the wetland is not the best long-term solution for replacing or maintaining wetland function. The consultant states that the wetland will continue to degrade as the density of Brazilian pepper continues to increase. This is not correct, as the petitioner would be required to remove all exotics and maintain the preserve exotic free. Staff can only support this concept if the proposed Rural Fringe GMP amendment language that addresses urban wetlands is found to be in effect. We do not expect to have an answer to the legal challenges for several months. Until that time staff recommends that the wetland be preserved (2,25) and the remaining required native vegetation acreage (2.00) be provided as upland buffer surrounding the wetland. Language has been added to the document and Master plan stating, that if the GMP's are approved in the furore with the proposed language for impacting urban wetlands, the petitioner will be allowed to relocate the preserve acreage and fill the wetland. One soil type was identified on the entire parcel. It is Holowpaw fine sand, limestone substratum; which is a hyclric soil. Preservation Requirements: Twenty-eight (28.36) acres of native vegetation exist on site. As requin County environmental ordinances, this project is required to retain a 4 nini~un'n~ JAN 2003 15% or 4.25 acres of native vegetation or mitigate for that same area per Section 3.9.5.5.4 of the LDC. The plan shows 2.25 acres of native vegetation being preserved in the wetland in the southeast comer of the site and the remaining 2 acres at the northwest comer of the site. Staff is requiring that the upland acreage be provided around the wetland until such time that an amended GMP could allow impacts to these wetlands. Listed Species: The consultants spent 24 hours conducting wildlife surveys. Transects were done to identify the potential protected species onsite. The written EIS states that one active gopher tortoise burrow was located near the south property line. The protected species survey map showed one active burrow near the center of the property. Prior to any site improvements, the consultant will resurvey the site for tortoises to identify all active and inactive burrows to be excavated. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development PUDZ-2001-AR-1749, with the following stipulations: Stormwater Manaeement: The stormwater system for this project shall be designed in accordance with South Florida Water Management District and Collier County roles and regulations. The stormwater system to serve this project shall accommodate for off-site flows fi:om the north. Toe of slope of perimeter berm shall be setback a minimum of five feet (5') from the edge of all right of ways and property lines. Environmental: 1. Delete section 5.10 F, in the PUD document. Add the following language to the PUD document, under the environmental section. A minimum of 4.25 acres of native vegetation shall be preserved on site, including all 3 strata, and emphasizing the largest contiguous area possible. This shall include the 2.25-acre wetland at the southeast comer of the site and the remaining 2 acres shall b ~ t, ,_ ... ,.. . ~..' upland buffer, surrounding the wetland. JAN 1 2003 If Collier County wetland GMP policies are amended to allow impacts to wetlands, and South Florida Water Management District permits have been issued providing acceptable mitigation for those wetlands, then the Site Plan may be amended to relocate the 4.25-acre preservation area. Setbacks to upland and wetland preserves shall be provided in accordance with 3.2.8.4.7.3 of the CCLDC, which prohibits any buildings bom being constructed within 25 feet of all upland and wetland preserves, and there shall be a minimum 1 O-foot setback for construction of accessory structures. Revise the PUD Master Plan to reflect the language changes as per stipulation 2.A above. PREPARED BY: STAN CHRZAN~WSKI, P.E. SENIOR ENGINEER M oR. ENGINEER, SENIOR DATE DATE SAR~A~ S~ SU~OESON - SENIOR ENVIRONMENTAL SPECIALIST DATE JAN 1~ 2~3 REVIEWED BY: CHIE~ANNER OZ.- DATE ~iLL LoPiNg, P.E.9~ -- ENVmONMENTAL SERVICES DIRECTOR ~HOMXS ETI~LY~, P.E. ENGINEERING SERVICES DIRECTOR DATE DATE DA"FE t APPROVED BY: /C~IMUNITY DEVELOPMENT & ENVmONMENTAL SERVICES L~DMI~STRATOR bsb/c: StaffReport JAN 1 ~ 2003 APPLICATION FOR PUBLIC I~EARING FOR: PUD REZONF. Petition No.: Commission District: PUDZ-2001-AR-1749 PROJECT #2001060020 Date Petition Received: _ DATE: 11/15/01 RAY BELLOWS Planner Assigned: General/nformation: Name of Applicant(s) ABOVE TO BE COMPLETED BY STAFF Mark L_ Lindner: Trustee: c/~ Na?]~ R~alty App~cant'sMailing Ad.ess Ci~ Naples 4099 AppScant'sTel~hone#262-4446 NameofAgent William L. Agent's Mailing Ad.ess 3785 City Naples Agent'sTel~hone# 403-8899 Agent's E-Mail Address Tamiami Trail North, 2nd Floor State Florida Z~ 34103 ext. 186 Fax# 434-2749 Hoover Firm Hoover Planning & Dev., Inc. Airport Road North, Suite B-1 St~e.EJ.s::~_L~Z~ 341 05 Fax# 403-9009 Hooverplanning@cs.com Service. COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 APPLICATION FOR PUBLIC HEARING FOR/qYD R~_7Ol~ - 10/ga JAN 1 z~ 2003 Complete the following for aH Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Vanderbilt Country Club Homeowners Assoc. Mailing Address 8250 Danbury Blvd. City Naples State FL Zip 34120 Name of Homeowner Association: Mailing Address City State Tap. Name of Homeowner Association: Mailing Address City State__Z~, Name of Master Association: Mailing Address City State__Zip Name ofCivicAssociation: Golden Gate Estates Civic Assoc., c/o President Karen Acquard Maill,gAddress 441 - 24th Ave. NE City Naples State FL Z~ 341 20 Disclosure of Interest Information: If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage ~ Ownership N~ App] i ealnl ~_ AFPLICATION lrOg PUBLIC H~ARING FOR PUl) RW, OI~ - 10/~ JAN 2003 bo If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Addre~. and Office Percentage ~f Stock Co If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentase ~f Iater~t do If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited panners. Name and Address Percentage of Ownership Not Applicabl~ If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentase of Ownership No~ Applieabl~ APPLICATION' FOR lr,31~IC 1:~ &':~INC. FOR ~ RU_,ONE - Date of Contract: Vand.rbiR ~ Ro~d brad Trout List of Beneficiaries Philip Duff 6 Regency Circle Lake St. Louis, MO 5% Charles & Helen Marie Zell Trust 12183 Bluebird Circle, Coon Rapids, MN Dean Lind IRA Ronald Plassman Mark Plassman Anne Plassman Trust William Rapps Raymond Eschelman Edwin F. Boynton Trust Robert F. Reynolds IRA Robert J. McCracken Joyce L. McCracken Don P. Knopke Trust George Riebeseli John Saltsman Mark Lindner L.I. Smith 1930 Prin~ss Court, Naples, FL 5% 7024 WooderoR Lane, Ft. Wayne, IN 20% 2882 Brookside Bend Drive, Carmel, IN 15% 2882 Brook, side Bend Drive, Carmel, IN 15% 6580 Sable Ridge Lane, Naples, FL 2.5% 13101 Pond Apple Drive, Naples, FL 5% 13342 Rosewood Lane, Naples, FL 7.5% 4423 Silver Fox Drive, Naples, FL 5% 9362 Gulfshore Drive, Naples, FL 1.25% 9362 Oulfshore Drive, Naples, FL 1.25% 14208 Canterbury Court, Leawood, KS 5% 6883 Redbay Park Road, Naples, FL 2.5% 194 14t~ Avenue South, Naples, FL 2.5% 2206 Majestic Court, Naples, FL 2.5% 5170 10' Avenue SW, Naples, FL 2.5% 2.5% JAN 16 2003 ff any contingency clause or contract terms involve additional parties, list aH individuals or officers, ifa corporation, partnership, or trust. Name and Address Date subject property acquired (x) leased ( ): Term of lease yrs./mos. April 6, 1999; April 20, 2000; and April 20, 2000 (see attached I~ Petitioner has option to buy, indicate date of option: 3 deed~i~d date option terminates: , or anticipated closing date Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behal~ to submit a supplemental disclosure of interest fornx Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shah submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed su~ey may be required. Secfon: 3 4 Towns~p: 4 ~ Range: 2 6 Lot: Block: Subdivision: ~ Book Page#:__~ope~yI.D.#:00204280008, 00204760201, 00204760308 Maes&B0undsDescription:The SE 1/4 of the SE 1/4 of Sec. 34, Twp. 48S Rng. 26E, less the east 100 feet for Collier Blvd. right-of-way and the south 145 feet for Vanderbilt Beach Road right-of-way, Collier County, Florida. Size of property: 1222 R. X 1193 ff. = Total Sq. Ft. Acres 33.45 5. Address/l~enerallocationofsubiectprol~ert~,.: The northwest corner of Collier Boulevard and Vanderbilt Beach Road. APPLICATION POR PUBLIC IHARING I~OR JAN 1 4 2003 ~- 6. Adjacent zoning and land use The following information relates to contiguous property also owned by the owner of the property requesting the rezoning. Property I.D.# 00203880001 and 00204760502 Metes & Bounds Description - Folio # 00203880001 - The North 1/2 of the SW 1/4 of the SE 1/4 of Section 34, Township 48 South, Range 26 East; subject to a 30 foot right-of-way easement over and across the westerly 30 feet of said parcel, Collier County, Florida. Folio #00204760520 - A portion of the South mA of the Southwest */4 °fthe Southeast "A of Section 34, Township 48 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commence at the Southeast Corner of Section 34, Township 48 South. Range 26 East. Collier County, Florida; thence north 88° 59' 06" West, along the south line of the Southeast '/:, of said Section 34. a distance of 2,096.56 feet; thence North 01° 28' 07" West, a distance or' 145.00 feet to a point on the northerly right-of-way line of Vanderbilt Road, the same being the point of beginning of the parcel of land herein described; thence departing from said noaherly right-of-way line, continue North 01° 28' 07' West, a distance of 523.75 feet; thence South 89° 00' 49" East, a distance of 665.64 feet; thence South 01° 28' 07" East, a distance of 524.05 feet to a point on the northerly right-of-way line of said Vanderbilt Road; thence Noah 88° 59' 06" West, along said northerly right-of-way line, a distance of 665.65 feet to the point of beginning. Containing 8.0 acres, more or less. AC, F. nOA nT.M JAN 1 q 2003 Adiacentz0~ngandlanduse: Zo~ng Land use Agric. Undeveloped, wooded land S. ROW/Estates Vanderbilt Beach Rd. ROW/Estates homes C.R. 951, canal, then undeveloped Bucks Run ROW/PUD PUD & Mission Church PUD (residential/institutional) V~ Agric. Undeveloped, wooded land & 9razin~ land Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Yes. Section: 3 4 Township: 4 8 S Range: 2 6 E Lot: Block: Subdivision: Plat Book Page Metes & Bounds Description: Property I.D.#: see attached sheet see attached sheet o Rezone Request: This application is requesting a rezone fxom the zoning district(s) to the PUD zoning district(s). Presem UseoftheProperty: Undeveloped and wooded, Agricultural & PUD Proposed Use(orrangeofuses)oftheproperty: Shopping center, office~ and other commercial uses such as financial institutions. Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Comer County Land Development Code, staff' s analysis and recommendation to the Planning Commission, and the Planning Commission's reconm~endation to the Board of County Co-~nv'.~sioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement descn'bing the rezone request with specific reference to the criteria mt~a ho.l~w Include any backup materials and documentation in support of the request. ~~~__ JAN 16 2003 APPLICATION FOR PUBLIC HEARING FOR PUD R~ZOI~ - 10/98 Standard Re~one Considerations (LDC Section 2. 7. 2. 5) 1. Whether the proposed change will be consistent with the goals, objectives, and polici,s and future land use map and the elements of the growth management plan- 2. The existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. 4. YFhether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. 5. }frhether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. 6. Whether the proposed change will adversely influence living conditions Oz the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. 8. Whether the proposed change will create a drainage problem. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. 10. Whether the proposed change will seriously affect property values in the adjacent area. 1 I. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 16. AFPLICA~ON FOR PUI~IC IID,.RII~G II'OR The physical characteristics of the property and the degree of site alteration would be required to make the property usable for any of the range of potentit use& under the proposed zoning classification. _ JAN 1 2003 ! 7. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County growth management plan and as defined and implemented through the Collier County Adequate PubBc Facilities Ordinance [Code ct~ 106, art. HI, as amendecL 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. PUD Rezone Considerations (LDC ,~ection 2. 7.$.2.$~ The suitabifity 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. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings arm recommendations of this type shah be made only after consultation with the county attorney. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. The internal and external compatibility of proposed uses, which conditions may inclvde restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. The ability of the subject property and of surroundirtg areas to accommodate expansiorL o Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting pubBc purposes to a degree at least equivalent to literal appBcatior of such regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many commtmities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is b~ order to ascertain whether or not the request is affected by existing deed resu~on~~ AYPLICATION I~OR PUBLIC ]:l'i~ ~RING. I~OR 1RYD REZON~ - 10,~,, JAN 2003 10. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? On 3-13-01 the BCC approved CP-2000-4 to adopt the Vanderbilt ~ch/Collier Blvd. Commercial Subdistrict, which allows commercial uses. 11. Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a. A copy of the pre-application meeting notes; be If this rezone is being requested for a specific use, provide ,ineteen (19) copies of a 24" x 36" conceptual site plan [and one reduced 8½" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for dism'bution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof; · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing ufflity services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, a. An architectural rendering of any proposed structures. b. An Enviro-mental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC), or a request for waiver if appropriate. c. Whether or not an ElS is required, two copies ora recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System Additional~, a calculation (or square feet) of native vegetation on site, by area, and a calculation and of the required portion of native vegetation to be preserved (per LDC 3.9.5.5.4.). APPLICATION FOR ~C HEARING FOR PUD REZONE - 10/98 JAN 16 2003 PUDZ-2001-AR-1749 PROJECT #2001060020 DATE: 11/15/01 RAY BELLOWS Utility Provisions For Conditional Uses and Rezones NAME: Mark Linder. Trustee PROJECT: ADDRESS: 4099 Tamiami Trail North, Suite 200 Mission Hills PUD Naples. FL 34103 PHONE: 941-262-4446 LEGAL DESCRIPTION: See Attached o TYPE OF SEWEGE DISPOSAL TO BE PROVIDED (check applicable system): mo B. C. D. E. COUNTY SYSTEM X CITY SYSTEM FRINCHISED SYSTEM PACKAGE TREATMENT PLANT SEPTIC SYSTEM NAME: CAPACITY (GPD) TYPE OF WATER SERVICE TO BE PROVIDED (check applicable system): B. C. D. COUNTY SYSTEM CITY SYSTEM FRINCISHED SYSTEM PRIVATE SYSTEM X NAME: TOTAL POPULATION TO BE SERVED: 200,000 S.F. Commercial/Retail PEAK AND AVERAGE DAILY DEMANDS: 1. WATER - PEAK 56 GPM 2. SEWER - PEAK 45 GPM AVERAGE DAILY 20,000 GPD AVERAGE DAILY 16,000 GPD IF PROPOSING TO CONNECT TO COLLIER COUNTY REGIONAL WATER SYSTEM, DATE SERVICE EXPECTED TO BE REQUIRED: July 2002 Provide a brief and concise narrative and schematic drawing of the sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data of soil involved shall be provided from tests prepared by professional engineer. N/A JAN ! ~ 2003 10. A statement, in writing, signed by the owner should be provided agreeing to deed to the County Utilities the water distribution and the construction of these facilities in accordance with applicable county ordinances. This statement should also include agreement that applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County Community Development Division. The statement should also contain agreement to dedicate appropriate Utility Easements for serving the water and sewer systems. APPROVER: COMMENTS: FOR OFFICIAL USE ONLY DENIED: UTILITIES ADMINISTRATOR JAN 1 Jt 20O3 How UB OU IU: iU& ~EI~X~ 85; l"- 200' HHNK LlflUHk~ ~ql 434 a'/4~ p.l The South Half of the Southeast'~uarte~ of the Southeast Quarter of-Section 34, Tovnahl~ 48 South, Range 26 East; Subject to a 100 foot right-of-way along the Eaa~erly boundary . _ thereof (s.R. 951) and a 145 foo~ right-of-way (Vanderbilt Drive) along the Southerly boundary "- - as shown thereof. Subjec~ to an~ easementa or 4" I 4" rese£~a~ions of record. ~CoA~ter ?his is a boundary survey'. COZ~ Sectioni4[ .' Vacan~ > 3" X 3" 3" X 3" LB~6569 LB~6569 i f"'"7 14.69 Acces.(Excludin~ Road Easements) ~ .~ .. / 5/0- ]/2- ~o ID. VANb£R§ILT hR. tst3553 ,, (P~v£a) ~£' ~'~'~' SE Co; PK Fd. PA Nail Section 34 & &Dlsk LB~6569 LS 'Fd. CERTIFIED TO: Mark L, Linder L.I. Smith Nail ~3465 £ gA OF-w~Y, a~ O~ O~EP~P ~ Pd~S~ED THiS ~ ~ ~~~~ North R.O.W. Vandetbt~ D;. being Assu=ed N 88'55'54'H. ~ 12006~ 0425 D Dar'ed= 6-3-86 ~ ' ~*~T~~ ,3-16-00 PIiONE (g41-99~-6936) PROF[SSIONAL SURYIYOX i ~PPEB . .. JAN 1 2003 ORDINANCE NO. 02-_.~.~_.. AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8634S; BY CHANGING THE ZONING CLASSIFICATION OF TI-IE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURE AND PUD PLANNED UNIT DEVELOPMENT TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE MISSION HILLS PUD, LOCATED AT THE NORTHWEST CORNER OF VANDERBILT BEACH ROAD (C.R. $62) AND COLLIER BOULEVARD (C.R. 951), IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 33.45_* ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, William L Hoover, Hoover Planning and Development, Inc., representing the Vanderbilt Beach Road Land Trust, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Section 34, Township 48 South, Range 26 East, Collier County, Florida, is changed from 'A", Rural Agriculture and "PUD", Planned Unit Development to "PUD" Planned Unit Development in accordance with the Mission Hills PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 8634S as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of ,2002. BOARD OF COUNTY COMMISSIOI~RS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK BY: JAMES N. COLETrA, CHAIRMAN Approved as to Form and Legal Sufficioncy Ma~jotl~ M. ~tudent Assistant County Attorney PUDZ-OI -AR-1749/RB/1o JAN 1 2003 MISSION HILLS PUD A PLANNED UNIT DEVELOPMENT PREPARED FOR: MARK L. LINDNER, TRUSTEE NAPLES REALTY SERVICES, INC. 4980 N. TAMIAMI TRAIL, 2ND FLOOR NAPLES, FLORIDA 34103 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING & DEV., INC. 3785 AIRPORT ROAD N., SUITE B-1 NAPLES, FLORIDA 34105 and ROBERT J. MULHERE, AICP RWA, INC. 3050 N. HORSESHOE DRIVE, SUITE 270 NAPLES, FLORIDA 34104 and RICHARD D. YOVANOVICH GOODLETTE, COLEMAN & JOHNSON, P.A. 4001 N. TAMIAMI TRAIL, SUITE 300 NAPLES, FLORIDA 34103 DATE FILED November 13, 2001 DATE REVISED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER EXHIBIT "A" November 20, 2002 JAN 1 z~ 2003 - TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III COMMERCIAL AREAS PLAN SECTION IV PRESERVE AREA PLAN SECTION ¥ DEVELOPMENT COMMITMENTS PAGE i ii 1 2 4 6 11 12 AC, F. NDArl;~ JAN 1 ~ 21)~3 EXHIBIT "A" EXHIBIT "B" LIST OF EXHIBITS PUD MASTER PLAN PUD UTILITIES/VVATER MANAGEMENT PLAN iii JAN 1 ~1 2003 STATEMENT OF COMPLIANCE The development of approximately 33.45+ acres of property in Collier County, as a Planned Unit Development to be known as the Mission Hills PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The commercial facilities of the Mission Hills PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property is within the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict land use designation as identified on the Future Land Use Map and as described in the Vanderbilt Beach/Commercial Boulevard Sub- District of the Urban - Mixed Use District in the Future Land Use Element. The Future Land Use Element permits commercial land uses in this area. This PUD complies with the development standards contained within that Subdistrict. 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's commercial intensity as described in Objective 2 of the Future Land Use Element. 3. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 4. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. 5. The project development will result in an efficient and economical allocation of community facilities and services as required in Policy 3.1.G of the Future Land Use Element. 6. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 7. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. 2003 1.1 1.2 1.3 1.4 SECTION I PROPERTY OWNERSHIP 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 the Mission Hills PUD. LEGAL DESCRIPTION The subject property being 33.45_+ acres, is located in Section 34, Township 48 South, Range 26 East, and is fully described as: The North half of the Southeast quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, less the easterly 100 feet for C.R. 951 right-of-way. The South half of the Southeast quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, less the easterly 100 feet for C.R. 951 right-of-way and less the southerly 145 feet for Vanderbilt Beach Road right-of-way. PROPERTY OWNERSHIP The subject property is owned by: The Vanderbilt Beach Road Land Trust, cio Mark L. Lindner, Trustee, Naples Realty Services, 4980 N. Tamiami Trail, 2nd Floor, Naples, Florida 34103. GENERAL DESCRIPTION OF PROPERTY AREA Ao The subject property is located at the northwest corner of Collier Boulevard and Vanderbilt Beach Road (unincorporated Collier County), Florida. Bo The southern portion of the site is zoned Rural Agricultural and the northern portion is zoned PUD, Golden Pond, as approved by Collier County Ordinance No. 98-35. JAN 1 ~ 2003 1.5 1.6 1.7 PHYSICAL DESCRIPTION The project site is primarily located within the Harvey Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the project is to the west of Collier Boulevard into a new swale that would transfer the stormwater to the Vanderbilt Canal. Natural ground elevation varies from 11.2 to 13.6 NGVD; average site elevation is 12.6 NGVD. The entire site is located within FEMA Flood Zone "X" with no base flood elevation specified. The water management system for the project will include the construction of a perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood stage. Water quality pretreatment will be accomplished by an on-site lake system prior to discharge into a swale along the west side of C.R. 951 and then into the Yanderbilt Canal. The water management system will be permitted by the South Florida Water Management District (SFWMD) through the Environmental Resource Permit process. All rules and regulations of SFWMD will be imposed upon this project including, but not limited to: storm attenuation with a peak discharge rate per Collier County and SFWMD Rules, minimum roadway centerline, perimeter berm and finished floor elevations, water quality pre-treatment, and wetland hydrology maintenance. Per Collier County Soil Legend dated January 1990, the soil type found within the limits of the property is #2 - Holopaw Fine Sand, Limestone Substratum. Site vegetation consists predominantly of pine flatwoods, pine-cypress, cypress forest and woodland with a mix of different vegetation types. PROJECT DESCRIPTION The Mission Hills PUD is a project comprised of 33.45 acres designated for commercial land uses and limited to a maximum of 200,000 square feet of gross leasable area. Commercial land uses and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screening/buffering, and native vegetation, whenever feasible. SHORT TITLE This Ordinance shall be known and cited as the "Mission Hills Planned Unit Development Ordinance". JAN 1 ~ 2003 2.1 2.2 PURPOSE SECTION II PROJECT DEVELOPMENT REQUIREMENTS 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. GENERAL Ao Eo Regulations for development of the Mission Hills PUD shall be in accordance with the contents of this document, PUD - Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to final subdivision plat, final site development plan, excavation permit and preliminary work authorization. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. All conditions imposed and graphic material presented depicting restrictions for the development of the Mission Hills PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. All applicable regulations, unless specifically waived through a variance or separate provision provided for in this PUD Document, shall 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. JAN I ~ 2003 2.3 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES Commercial uses are limited to 33.45+ acres with a maximum of 200,000 square feet of gross leasable area. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS Ao The general configuration of the land uses is illustrated graphically on Exhibit "A", PUD Master Plan, which constitutes the required PUD Development Plan. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 3°2 Subdivisions of the Land Development Code, and the platting laws of the State of Florida. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. 2.5 Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications to Collier County and the methodology for providing perpetual maintenance of common facilities. SALES/RENTAL FACILITIES Temporary sales/rental trailers and construction trailers can be placed on the site after Site Development Plan approval and prior to the recording of Subdivision Plats, subject to the other requirements of Section 2.6.33.3 of the Land Development Code. 2.6 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stock-piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. Off-site disposal is also hereby permitted subject to the following conditions. Ao Excavation activities shall comply with the definition of a "DevelOpment Excavation" pursuant to Section 3.5.5.1.3 of the Land Development Code, whereby off-site removal shall be limited to 10% of the total volume excavated but not to exceed 20,000 cubic yards. B° All other provisions of Division 3.5, Excavation of the Land Development Code shall apply. JAN ! ~ 2003 3.1 3.2 3.3 SECTION III COMMERCIAL AREAS PLAN PURPOSE The purpose of this Section is to identify specific development standards for the commercial areas as shown on Exhibit "A", PUD Master Plan. GENERAL DESCRIPTION Areas designated as commercial areas on the PUD Master Plan are intended to provide a variety of commercial, financial, health, and office uses. Commercial areas are limited to a maximum of 33.45_+ acres with a maximum gross leasable area of 200,000 square feet. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: Amusement and Recreation Services (groups 7911, 7991, 7993 only for indoor video game arcade and indoor coin-operated amusement machine, 7999 only for bicycle rental, ice skating rink operation, indoor slot-car track, miniature golf course, golf driving range, and golf pitch-n-putt). 2. Apparel and Accessory Stores (groups 5611 - 5699). Auto Supply Stores (group 5531), Convenience Food Stores with gas pumps (group 5411) and Gasoline Service Stations (Group 5541 Automobile Service Stations only, with services and repairs as described in Section 2.6.28 of the Collier County Land Development Code and excluding Truck Stops - Retail. Diesel pumps may only be provided for automobiles, motor homes, and trucks of I ton or less capacity.) Auto Rental Services and Car Washes (groups 7514, 7521, 7542 only for automobiles and trucks of I ton or less capacity, 7549 lubricating service and window tinting both only for automobiles and trucks of 1 ton or less capacity). JAN 1~ 2003 o Building Materials, Hardware and Garden Supplies (group 5231 - 5261). Business Services (groups 7311, 7313, 7322 - 7338, 7361, 7371 - 7379, 7384, 7389 only for service of fire extinguishers, interior decorating/design, mapmaking, notary public, paralegal service, postal service contract stations, and swimming pool cleaning/ maintenance). Depository and Non-Depository Institutions (groups 6021-6199). Eating Places (group 5812) and Drinking Places (group 5813 only cocktail lounges and on-premises consumption of beer, wine and liquor, in conjunction with a restaurant.) Educational Services (groups 8211 - 8249 (no exterior instruction of motorized equipment), 8299). 10. 11. 12. 13. 14. 15. Food Stores (groups 5411 - 5499). General Merchandise Stores (groups 5311 - 5399). Health Services (groups 8011 - 8049, 8062 - 8092, 8099). Holding and Other Investment Offices (groups 6712 - 6799). Home Furniture, Furnishings and Equipment Stores (groups 5712 - 5736). Insurance Carriers, Agents, Brokers, and Services (groups 6311 - 6399, 6411). 16. 17. 18. 19. Legal Services (group 8111). Membership Organizations (groups 8611, 8621, 8641 - 8661). Miscellaneous Repair (groups 7622, 7629, 7631, 7699 but only bicycle repair, camera repair, lawn equipment/lawnmower repair, lawn/garden tractor repair, locksmiths, luggage repair, medical/ dental instrument repair, musical instrument repair, piano repair, saw/knife sharpening service, and custom picture framing). Retail (groups 5912, 5921, 5932 (antiques only), rooms, Miscellaneous 5941 5949, 5961, 5962, 5992 - 5999 (except auction monument and tombstone sales). ? AGEM~A ri;il~ JAN 1 ~! 2003 20. Motion Picture Theaters and Video Tape Rental (groups 7832 and 7841). 21. 22. Museums and Art Galleries (group 8412). Personal Services (group 7212 dry-cleaning and laundry pickup stations only, 7215, 7221 - 7291, 7299 (only car title and tag service, diet workshops, tuxedo rental, massage parlor, and tanning salon). 23. 24. Professional Offices, Research, and Management Consulting Services (groups 8711 - 8743, 8748). Public Administration (groups 9111 - 9199, 9221, 9222, 9311 9661). 25. 26. 27. 28. Real Estate Agents and Managers (groups 6512, 6531 - 6552). Security and Commodity Dealers (groups 6211 -6289). Social Services (groups 8322 (only adult day care services, counseling services, and senior citizens associations), 8351). Travel Agencies (group 4724). 29. 30. Veterinary Services (group 0742 for household pets only and without any overnight boarding or outside kennels). Any other use which is comparable in nature with the foregoing list of, permitted principal uses, as determined by the Board of Zoning Appeals (BZA). Accessory Uses: Uses and structures that are accessory and incidental to the Permitted Uses within this PUD Document. Drinking Places (group 5813 only cocktail lounges and on-premises consumption of beer, wine, and liquor in conjunction with a restaurant.) Caretaker's residences subject to County Land Development Code. Section 2.6.16 of the Collier JAN I ~ 2003 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: Ten thousand (10,000) square feet. B. Minimum Lot Width: One hundred (100) feet. C. Minimum Yards;. (1) Principal structures: (a) Front Yards - Twenty-five (25) feet. (b) (c) (d) Rear Yards - Fifteen (15) feet. Side Yards - One-half (1/2) the building height as measured from the closest exterior building wall with a minimum of fifteen (15) feet. PUD Boundaries - One (1) foot for each foot of building height except for three (3) story financial/office buildings that shall be set back a minimum of fifty (50) feet. Do (2) Accessory Structures: Setbacks shall be as required by Division 2.6.2 of the Land Development Code in effect at time of building permit application. Distance Between Principal Structures on the Same Parcel: One-half the sum of the building heights measured by the closest exterior building walls with a minimum of fifteen (15) feet. Minimum Floor Area: Seven hundred (700) square feet for the principal structure on the first habitable floor. F. Maximum Height: Ho Forty-five (45) feet. Office and financial uses are limited to three (3) stories and retail uses are limited to one (1) story. Off-Street Parking and Loading Requirements- As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. Bufferin,q Requirements: A minimum twenty (20) foot wide Type "D" Buffer shall be provided along both Collier Boulevard and Vanderbilt Beach Road, with the landscaping as required in Section 2.4.7.4 of the Collier County Land Development Code. Si.qns Signs shall be permitted as described in Section 2.5 of the Collier County Land Development Code. 10 - SECTION PRESERVE AREAS PLAN 4.1 4,2 PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A," PUD Master Plan. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Passive recreational areas. 2. Biking, hiking, and nature trails, and boardwalks. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. Supplemental landscape planting, screening and buffering within the Natural Habitat Preserve Areas, may be approved after Current Planning Section Staff review. All supplemental plantings within the Preserve Areas shall be 100% indigenous native species. Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA). 11 JAN ! ~ 2003 5.1 5.2 5.3 SECTION V DEVELOPMENT COMMITMENTS PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plans and all applicable State and local laws, codes, and regulations applicable to this PUD, in effect at the time of final plat, final site development plan approval or building permit application as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the Collier County Land Development Code 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, shall follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this Agreement. PUD MASTER PLAN Ao Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan approval. Final configuration and acreages of Preserve Areas shall be based on jurisdictional agency determinations, and modification of said preserve boundaries shall be permitted during final plat/site development plan review. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. Bo All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. ]2 JAN 16 2003 5.4 5.5 5.6 SCHEDULE OF DEVELOPMENT/MONITORING REPORT A site development plan shall be submitted per County regulations in effect at time of site plan submittal. The project is expected to be completed in one (1) or two (,2) phases. A. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. ENGINEERING_ A. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 3.2., Subdivisions. WATER MANAGEMENT_ A. A copy of the South Florida Water Management District (SFWMD) Surface Water Permit Application shall be sent to Collier County Development Services with the site development plan submittal. B. The stormwater system for this project shall be designed in accordance with South Florida Water Management District and Collier County rules and regulations. The stormwater system to serve this project shall accommodate for off-site flows from the north. C. A copy of the SFWMD Surface Water Permit, SFWMD Right-of-Way Permit, and SFWMD Discharge Permit shall be submitted prior to Final Site Development Plan Approval. D. An excavation permit will be required for any propc~ed lake(s) in accordance with Division 3.5 of the Collier County Land Development Code and SFWMD Rules. E. Lake setbacks from the perimeter of the PUD may be reduced to twenty- five (25) feet. A six (6) foot high fence or suitable substantial barrier is erected. JAN 1 h 2003 _ 5.7 5.8 Top of slope of permiter berm shall be setback a minimum of five (5) feet from the edge of all right-of-ways and property lines. UTILITIES Ao 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. 97-17, as amended, and other applicable Coun'['y rules and regulations. TRAFFIC Bo Do All traffic control devices used must be in accordance with the standards adopted by the Florida Department of Transportation (FDOT), as required by Florida Statutes - Chapter 316, Uniform Traffic Control Law. Arterial level street lighting must be provided at all development points of ingress and egress. Said lighting shall be in place prior to the issuance of the first permanent Certificate of Occupancy. External and internal improvements determined by Collier County Transportation Staff to be essential to the safe ingress and egress to the development will not be considered for impact fee credits. Said improvements will be in place prior to the issuance of the first Certificate of Occupancy. Road impact fees will be paid in accordance with Collier County Ordinance 01-13, as amended. All median openings and driveway locations must be in accordance with the Access Management Policy, as amended, unless otherwise approved by the Transportation Planning Department Director or the Collier County Board of Commissioners. Additionally, an access agreement shall be executed in accordance with Subsection 3.2.4.11.4 of the LDC. Median access and control will remain under the County's authority. The County reserves the right to modify or close all median openings that have been determined by the Collier County Transportation Department Staff to have an adverse effect on the adjacent Collier County roadway relevar? to operational circulation, safety conditions, or safety concerns. Roadway interconnections to the adjacent properties may be required by Collier County Transportation Department Staff, as a condition of site development plan approval. 14 JAN 1 ~ 2003 5.9 5.10 The developer, along with neighboring property owners, shall be responsible to pay the cost of a traffic signal system at any development entrance, including both ends of the loop road, when a traffic signal is determined to be warranted and approved by Collier County. Upon the completion of the installation, inspection, burn-in period, and final approval/acceptance of a warrented traffic signal it shall be turned over (for ownership) to Collier County, and will then be operated and maintained by Collier County Transportation Operations. The development shall be designed to promote the safe travel of all roadway users, including bicyclists, and will provide for the safety of pedestrians crossing said roadways. Pedestrian travel ways shall be separated from vehicular traffic areas in accordance with recognized standards and safe practices, as determined by Collier County Transportation Department Staff. When ingress and egress improvements are determined, as necessary, right-of-way and compensating right-of-way will be provided for and in conjunction with said improvements. All work within the Collier County right-of-way shall meet the requirements of Collier County Ordinance No. 93-64. All internal access ways, drive aisles, and roadways not located within the County right-of-way shall be privately maintained by an entity created by the developer, its successor in title, or assigns. PLANNING Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. ENVIRONMENTAL Ao Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and Collier County wetland rules. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be rec~ I I 15 JAN 1~ 2003 Co Go plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Section 3.2.8.4.7.3 of the Collier County Land Development Code. In the event the project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Florida Statutes. Buffers shall be provided around any wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-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 Resources Permit Rules and be subject to review and approval by the Current Planning Environmental Staff. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Development Plan/Construction Plan approval. Any perimeter berms, shall be entirely outside of all upland and wetland preserve areas. Setbacks to upland and wetland preserves shall be provided in accordance with Section 3.2.8.4.7.3 of the Collier County Land Development Code, which prohibits any buildings from being constructed within 25 feet of all upland and wetland preserves. There shall be a minimum 10-foot setback for construction of accessory structures. A minimum of 4.25 acres of native vegetation shall be preserved on-site, including all 3 strata, and emphasizing the largest contiguous area possible. This shall include the 2.25-acre wetland at the southeast corner of the site and the remaining 2-acres shall be made up of an upland buffer surrounding the wetland. If Collier County Growth Management Plan wetland policies are amended to allow impacts to wetlands, and South Florida Water Management District permits have been issued providing acceptable mitigation for those wetlands, then when requested by the developer, the site plan may be amended to relocate the 4.25-acre preservation area. 16 JAN 1 ~ 2003 II lllti!! "'"]jiLl S-I"IIH ~llal EXECUTIVE SUMMARY PUDZ-2002-AR-2965 KENNETH E. GRIFFITH, OF JOHNSON ENGINEERING INC., REPRESENTING HABITAT FOR HUMANITY OF COLLIER COUNTY INC. AS PARTIAL OWNER AND CONTRACT PURCHASER, REQUESTING: 1) REZONING FROM "A' AGRICULTURAL (8-q: ACRES) AND FROM HABITAT PLACE PLANNED UNIT DEVELOPMENT (PUD) (204- ACRES) ZONING DISTRICTS TO CHARLEE ESTATES PUD TO ALLOW A 124 LOT, SINGLE-FAMILY SUBDIVISION THAT WILL BE DESIGNED TO ACCOMMODATE VERY LOW INCOME HOUSING UNITS; AND 2) CONSIDERATION AND APPROVAL OF AN AFFORDABLE HOUSING DENSITY BONUS AGREEMENT AUTHORIZING THE DEVELOPER TO UTILIZE AFFORDABLE HOUSING BONUS DENSITY UNITS (IN THE AMOUNT OF 39 UNITS AT 1.37 BONUS DENSITY UNITS PER ACRE) 1N THE DEVELOPMENT OF THE SINGLE-FAMILY RESIDENTIAL DWELLING UNITS FOR LOW-INCOME RESIDENTS. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTHWEST SIDE OF TAMIAM1 TRAIL EAST, APPROXIMATELY 3+ MILES EAST OF COLLIER BOULEVARD (S.R. 951), IN SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 28.4624- ACRES. OBJECTIVE: Staff is requesting that the Board of County Commissioners consider an application to rezone the subject site from PUD and Agricultural "A" to PUD as noted above allowing 124 detached single- family dwelling units subject to an affordable housing density bonus agreement that is consistent with all the applicable codes and regulations in order to ensure that the community's interests are maintained in this community. CONSIDERATIONS: The petitioner wishes to rezone the existing 20_+-acre Habitat Place PUD and an 8+_-acre agriculturally zoned tract to PUD and change the name of the overall development to Charlee Estates. The project is proposed to have 124 single-family detached residential dwelling units that will be made available to low-income families. In addition to the proposed rezoning action, the petitioner is seeking Board of County Commissioners acceptance of an Affordable Housing Density Bonus (AHDB) agreement to allow this project to have up to 39 bonus density units. All of the 124 dwelling units will be made available as affordable housing units. The home sites will be designed with three lakes in the project, and with several common areas dispersed, ,ithin the development. The site plan proposes 16.75 acres of open space, included the lake management areas. Two access points onto US 41 are proposed to serve this project. The northerly access point will align with the existing Joseph Lane. The petitioner held a Public Information Meeting as required by the Land Development Code on July 9, 2002 in order to explain the specific aspects of the proposed residential development to property owners within 500 feet of the subject site. No adjacent property owners attended the meeting. This petition was distributed to the required County review agencies for analysis and w is to~llgr~ln~,> with all applicable Codes and ordinances. Staff also reviewed this project for c, nsis[llt3cY with the'6 JAN 1 2003 Petition PUDZ-2002-AR-2965 Chadee Estates; Executive Summary Page 1 of 5 existing and proposed developments within the project area. The proposed development standards are generally compatible with the surrounding area. As of the date this executive summary was prepared, no letters either in support of or opposition to this petition have been received. The Traffic Impact Statement (TIS) prepared by the applicant evaluated the potential transportation impacts of the application based upon the original 126 dwelling units originally requested by the developer. The requested number of dwelling units has been reduced to 124 units, thus the impact will be slightly less than what is presented herein. According to the applicant's TIS, the site- generated trips are estimated to be approximately 1,283 Average Weekday Trips, 98 A.M. Peak Hour Trips, and 132 P.M. Peak Hour Trips. The project will have a sigmficant impact on US 41 from the intersection of Collier Boulevard to the site entrance but the total trips will not adversely affect the' roadway level of service. The project will not have significant impacts on the remainder of the roads within the radius of influence. The project trips will not lower the operational level of service standards on any of the roadways within the influence area where the project has impacts of significance (5 percent of the peak season, peak hour service volume). This includes US 41 and Collier Boulevard north and south of US 41. FISCAL IMPACT: This PUD by and of itself will have no fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be further developed. The mere fact that new development has been approved will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. The following impact fees will be applicable to this project: · Park Impact Fee · Library Impact Fee · Fire Impact Fee School Impact Fee · Road Impact Fee · Correctional Facilities · Radon Impact Fee · EMS Impact Fee · Building Code Adm. · Micro Film Surcharge · TOTAL IMPACT FEE PER UNIT $ 578.00 per unit 180.52 per unit 0.30 per square feet of building 1,778.00 per unit 1,528.00 per unit 117.98 per dwelling unit 0.005 per square foot of building 14.00 per unit 0.005 per square foot of building 1.50 per unit $4,390.02 PER UNT For owner occupied homes, one hundred percent of impact fees are paid from Collier County Housing funds; however, liens are filed on the property and the county is reimbursed for those fees when the house is sold. Based upon the proposed minimum 1,000 square feet fl minimum total fiscal impact will be $4,390.02 per unit. However, there is no guar~ project at build-out will have maximized its authorized level of development. Ad( Page 2 of 5 Petition PUDZ-2002-AR-2965 Charlee Estates; Executive Summary ~or anar~lxra~ nteel~at the ~ itionally, the -- JAN 1 2003 houses may be larger than the minimum proposed. Therefore, the numbers proposed above are only estimates. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad valorem tax rates. The revenue that will be generated depends on the value of the improvements. At this point, a model has not been developed to arrive at a reasonable estimate of tax revenue based on ad valorem tax rates. Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads that may have local geographic concurrency implications. GROWTH MANAGEMENT IMPACT: The subject property is designated Urban (Urban - Mixed Use District, Urban Coastal Fringe Subdistrict) on the Future Land Use Map of the Growth Management Plan. This Subdistrict allows a variety of residential, essential service, recreational, and open space uses. The purpose of this Sub- district is to provide transitional densities between the Conservation Areas and the Urban Designated Areas. Residential development in this District is based upon the County's density rating system, as contained in the Future Land Use Element (FLUE) of the Collier County Growth Management Plan (GMP). According to the density rating system, residential development within this sub-district has a base density of 4 units per acre. The property is subject to a base density reduction of one (1) unit, because it is within the County's designated Traffic Congestion Area. However, because the project is proposing affordable housing, it is eligible to receive a density bonus of 8 units per acre, yielding a maximum eligible density of 11 DU/A. The petitioner is requesting a density bonus of 1.37 DU/A based upon the AHDB, for a gross density of 4.37 DU/A.; a companion AHDB Agreement has been submitted demonstrating the site qualifies for this requested density bonus. Therefore, the eligible density is as follows: Base Density Traffic Congestion Area Reduction Maximum available density bonus Eligible Density + 4.0 du/a - 1.0 du/a + 8.0 du/a 11.0 du/a However, the applicant is not requesting the maximum allowable density for which the project would be eligible. The applicant is only requesting to utilize a maximum of 1.37 bonus du/a. The proposed density is as follows: Base Density 4.0 dtt/a Traffic Congestion Area -1.0 du/a Requested Housing Density Bonus +1.37 du/a Requested Density 4.37 du/a Based upon the above analysis, staff concludes the proposed uses and dens consistent with the FLUE Petition PUDZ-2002-AR-2965 Chadee Estates; Executive Summary Page 3 of 5 ty JAN '~4 ?ri03 ENVIRONMENTAL ISSUES: Thc entire acreage of jurisdictional wetlands is proposed for impact in accordance with thc development approvals according to the Deltona Settlement Agreement. No mitigation is required for State/County jurisdictional wetland impacts, pursuant to the Agreement. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or waiver of Historic and Archaeological Survey & Assessment is required. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: This petition was presented to the Environmental Advisory Council (EAC) on December 4, 2002. The EAC heard this petition and recommended approval by a unanimous vote. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This petition, PUDZ-2002-AR-2965, was heard by the CCPC on December 19, 2002. Mr. Budd made two motions; one to forward thc PUD rczoning request with a recommendation of approval; and two, to forward thc Affordable Housing Density Bonus agreement with a recommendation of approval; Mr. Wolflcy seconded both motions. The motions passed unanimously, 6:0. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of Petition PUDZ-2002-AR-2965 subject to the approval of thc Affordable Housing Agreement and the stipulations contained in thc PUD document and as otherwise described by the Ordinance of Adoption and Exhibits thereto. Petition PUDZ-2002-AR-2965 Chadee Estates; Executive Summary Page 4 of 5 JAN 1 ~ 2003 PREPARED BY: PRINCIPAL PLANNER REVIEWED BY: DATE CURRENT PLUG MANAGER DATE APPROVED BY: DATE JOSEPH K. scHM~I~ / DATE 7t~IUNIXYx~cutive summaryD~:~¢~;:_::t ENVIRONMENTAL SERVICES ADMI2qISTRATOR Petition PUDZ-2002-AR-2965 Charlee Estates; Executive Summary Page 5 of 5 ACtA ITEM JAN 1 6 2003 AGENDA ITEM 8-D MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COM2VIISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION NOVEMBER 21, 2002 PETITIONS: PUDZ-2002-AR-2965; CHARLEE ESTATES PUD oWNER/AGENT: Agent: OWBers'. Kenneth E. Griffith, AICP Johnson Engineering, Inc. 2158 Johnson Street Fort Myers, Florida 33901 Habitat for Humanity of Collier County, Inc. 11550 East Tamiami Trail Naples, FL 34113 Stephen Agoston, Trustee 8596 Wyatt Road Broadview Heights, OH 44147 REQUESTED ACTION_'. The petitioner wishes to rezone the existing 20+--acre Habitat Place PUD and an 8+---acre agriculturally zoned tract to PUD and change the name of the overall development to Charlee Estates. The project is proposed to have 124 single-family detached residential dwelling units that will be made available to low-income families. In addition to the proposed rezoning action, the petitioner is seeking acceptance of an Affordable Housing Density Bonus (AHDB) agreement to allow this project to have up to 41 bonus density units. GEOGRAPHIC LOCATION_- The project site is located on the southwest side of Tamiami Trail East, approximately 3 mile S.R. 951, immediately across the street from Joseph Lane and surrounding First Haitim Mission. JAN 1 2003 pURPOSE/DESCRIPTION OF PROJECT: The currently approved Habitat Place PUD comprises 20 acres of the proposed project. That site has received preliminary subdivision approval, and final approval was pending at the time this report was written. No site development has occurred at that site. That PUD was approved for 100 single-family affordable housing lots (Ordinance 2000-35). The remaining 8.4 acres is undeveloped agriculturally zoned land. The petitioner now wishes to revise the PUD Master Plan to add 8 acres, change the name of the overall project to Charlee Estates, and change the number of dwelling units from 100 to 124 single- family detached dwelling units. All units are to provide affordable housing opportunities. The project will have access from two locations along Tamiami Trail East. The northerly access point will align with Joseph Lane. sURROUNDING LAND USE AND ZONING: The parcel is an undeveloped 28-4+-- acre site zoned Agricultural and Subject Parcel: Surrounding: Northwest: Northeast: South : PUD (Habitat Place) Paradise Point RV Resort developed as an RV park, zoned PUD Tamiami Trail, East, then a church, zoned C-2 Fiddler's Creek PUD, currently used for agricultural purposes such as row crops and a migrant housing facility and a Head Start facility known as Hacienda; zoned PUD GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element - The subject property is designated Urban (Urban - Mixed Use District, Urban Coastal Fringe Subdistrict) on the Future Land Use Map of the Growth Management Plan. This Subdistrict allows a variety of residential uses; essential services; and, recreation and open space uses. The purpose of this Sub-district is to provide transitional densities between the Conservation Areas and the Urban Designated Areas. Residential development in this District is based upon the County's density rating system, as contained in the Future Land Use Element (FLUE) of the Collier County Growth Management Plan (GMP). According to the density rating system, residential development within this sub-district has a base density of 4 units per acre. The property is subject to a base density reduction of one (1) unit, because it is within the County's designated Traffic Congestion Area. However, because the project is proposing affordable housing, it is eligible to receive a density bonus of 8 units per acre, yielding a maximum eligible density of 11 DU/A. The petitioner is requestin.g a density bonus of 1.37 DU/A based upon the Al-IDB, for a gross density of 4.37 DU/A.; a compamon AHDB Agreement has been submitted demonstrating the site qualifies for this requested density bonus. Therefore, the ~ density is as follows: + 4.0 du/a Base Density Traffic Congestion Area Reduction - 1.0 du/a Eligible Density 2 However, the applicant is not requesting the maximum allowable density for which the project would be eligible. The applicant is only requesting to utilize a maximum of 1.37 du/a. The proposed density is as follows: 4.0 du/a Base Density Traffic Congestion Area -1.0 du/a Requested Housing Density Bonus +1.37 du/a. Requested Density 4.37 du/a Based upon the above analysis, staff concludes the proposed uses and density may be deemed consistent with the FLUE Transportation Element. -The applicant originally sought a rezoning to allow a maximum of 126 dwelling units. The Traffic Impact Statement (TIS) evaluated the potential transportation impacts of the application based upon the original request. Since then, the applicant has reduced the proposed number to 124 units, thus the impact will be slightly less than what is presented herein. The site- generated trips are estimated to be approximately 1,283 Average Weekday Trips, 98 A.M. Peak Hour Trips, and 132 P.M. Peak Hour Trips. The project will have a significant impact on US 41 from the intersection of Collier Boulevard to the site entrance but the total trips will not adversely affect the roadway level of service. The project will not have significant impacts on the remainder of the roads . ' uence The project trips will not lower the operational level of service within the radius of_ln, fl ;. "~-:- the influence area where the project has impacts o,f roactwa s Wltliiit ' standards on any of tine_ . Y~ __,. ~. ....... ,i,. volume~. This includes US 41 ana significance (5 percent ot-the peaic season, pca~ n,~ ...... e . Collier Boulevard north and south of US 41. HiSTORIC/ARCHAEOLOGICAL IMPACT: and Staff's analysis indicates that the petitioner property is located outside an area of historical archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. ENVIRONMENTAL 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 includes a review by the Community Development Environmental and Engineering staff, and the Transportation Department. These reviews help shape the content of the PUD document and cause development commitments to be formulated to achieve GMP and LDC requirements. The Environmental Review Staff and the Transportation Department has addressed their concerns with wording in the PUD document. ANALYSIS: The subject parcel is 28.4+_ acres in size. If the site were developed with the maximum 3 allowed with bonus density credit, 308 dwelling units could be constructed. Such density could not be accomplished with single-family lots. The applicant proposes a maximum of 124 single-family lots which is within the parameters of the allowable density, petition and the criteria on which a evaluation of this land use intended to provide an objective, Staff completed a comprehensiV~e based. This evaluation, is change, be they positive or negative, favorable determination must '~pact of the proposed lana us; The listed criteria are specifically overview ),h~te overwie · - - .~ ..... uirimz staff comprehensive ' of the ' culminating in a staff recommendation~ b~e~deon_ Land Development tzo~le mu~ L,~ noted in Section 2.7.2.5 and Section z.t.~./-.-' u, iL, of approval or denial by evaluation and comment, and shall be used as the basis for a recommendation the Planning Commission to the BCC. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are summarized by staff, culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision-makers. The evaluation by professional staff should typically include an analysis future land use plan, and whether or not a rezoning elements. of the pennon relationship to the community's action would be consistent with the Collier County GMP in all of its related _~Other evaluation considerations should include an assessment of adequacy of transportation · and compatibility with adjacent land uses, a consideration usually plan for nffastrucmre, other infrastructure, dealt with as a facet of analyzing the relationship of the rezoning action to the long range future land uses. In addition, the Board of County Commissioners has reviewed similar rezone requests within this "Urban Coastal Fringe" designated area where there is an oppommity to approve residential uses when deemed appropriate. Based on staWs analysis, the proposed PUD project does not adversely impact anY adopted level of service standard. · . · to Future Land U. ses~: A discussion of this relationshiP, as it applies specifically· to ~21'~-f;r land use planning, refers to the relationship of the proposed zomng Collier I.;ounty ~ --o (FLUE) of the Growth Management Plan (GMP). In the case at and action to the Future Land Use Element hand, and based upon the Future Land Use Plan, we have an expectation that the land will be used developed for those residential land uses authorized within the PUD. The proposed density is consistent with the Density Rating System since it allows for a density bonus with the approval of an Affordable Housing Agreement. After considering the availability of community infrastructure and services it is clear that the development of the subject property is timely and consistent with the FLUE o the GIMP. . · t - - -' -and Uses' A discussion _of t.h? relationship concerns the oseu ~ ' ' ....... "i" to Existin and i'ro o~L ~..,~,,,"t ~-constmct single-t-armiy detached residential units iqeiauu._u.~+., ,,¢ the netitioners proposea mt~t,~ ~,, c The subject parcel is a triangularlY compatibm,j ..... the north, south, east, and west. to US with the adjacent properties to shaped tract so it only has abutting tracts on three sides. The site has a northeasterly orientation 41, so there are neighboring properties on the northwest, the northeast and the south. The property to -- the south is zoned PUD and is part of the Fiddler's Creek project. The land use approved in this portion of that project is an unspecified type of residential use. At this time, the Fiddler's Creek tract is still utilized for agricultural uses, such as row crops and a mobile home migrant housing fac ility also includes a day care facility for the migrant workers. To the north is US-41 and C-2 zone{ lantk~.A portion of the northerly tract is developed with a church; other C-2 zoned land along US 41 remains undeveloped- Further north (also across US 41) is the West Wind Mobile Home park, zoned To the northwest is Paradise Point RV Resort PUD zoned project. Paradise Point was approved for a density of 6.82 du/a. This is the adjacent parcel that will be most affected by the proposed development, because there is no arterial roadway separating the two uses as there is across US 41, and the Fiddler's Creek PUD is not yet developed. It is important to note that the original Habitat Place PUD is the portion of Charlee Estates that borders Paradise Point. Habitat Place was approved for 100 units on 20 acres, for a density of 5 du/a. The current proposal, at 4.37 du/a is slightly less, therefore the neighborhood intensity is less, and the two projects should be compatible. Therefore, staff believes the uses proposed in the rezoning will be compatible with the adjacent properties. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION:. The entire acreage of jurisdictional wetlands is proposed for impact in accordance with the development approvals according to the Deltona Settlement Agreement. No mitigation is required for State/County jurisdictional wetland impacts, pursuant to the Agreement. However this petition was presented to The Environmental Advisory Council (EAC) on December 4, 2002. The EAC heard this petition and recommended approval by a unanimous vote. FINANICAL ADMINISTRATION AND HOUSING DEPT. STAFF RECOMMENDATION: The Housing Development Manager has reviewed the proposed agreement to authorize affordable housing density bonus units, and has recommended approval of this project. The memo from Comae Giblin, Housing Development Manager, dated November 22, 2002 is quoted below: The Financial Administration and Housing Department has completed its review of the Affordable Housing Density Bonus Agreement submitted for the proposed Charlee Estates PUD and recommends approval. As proposed, the Charlee Estates development will consist of 124 units of single family home- ownership of which 100% will be affordable to households earning 60% or less of the area median income. A recent report completed by the Governor's Affordable Housing Study Commission concludes that in 1998 Collier County had a total deficit of approximately 16,000 affordable housing units. The study also projects that by the year 2010 the shortage of affordable housing units in Collier County will be over 25,000 units. Approval of this rezone and Affordable Housing Density Bonus Agreement will assist Collier County in meeting the affordable housing needs of its residents and is consistent with the rules and regulations in the Land Development Code (LDC) and the goals, policies, and objectives in the Housing Element of the Collier County Growth Management Plan (GMP). Financial Administration and Housing Department Staff Recornmendation: Approval At their regularly scheduled November 21, 2002 meeting the Collier County Affordable Housing Commission voted to recommend approval of this rezoning and Affordable Housing D Bonus Agreement to the Board of County Commissioners: Affordable Housing Comn Recommendation: Approval, 4/0- one abstention. ' sio ¥ JAN 14 2003 I PLANNING SERVICES STAFF_ RECOMMENDATION: Therefore, Planning Services staff recommends that the Collier County Planning Commission forward Petition PUDZ-2002-AR-2965 to the Board of County Commissioners with a recommendation of approval for both the rezoning requests from PUD and Agricultural to PUD and the agreement authorizing affordable housing density bonus units as set forth in the PUD document and the AHDB agreement approval documents formulated by staff. JAN 1 ~ 20O3 .,. PREPARED BY: KA~SELEM, AICP PRINCIPAL PLANNER REVIEWED BY: PLANNING SERVICES DIRECTOR DATE DATE DATE APPROVED BY: ~O~'~¥s~ITT DATE  ~TY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ADMINISTRATOR COLLIER COUNTY PLANNING COMMISSION: KENNETH L. ABERNATHY, C~ Staff report for the December 19, 2002 Collier County Planning Commission Meeting Tentatively scheduled for the January 14, 2003 Board of County Commissioners Meeting G:\CurrentXDeselemXPUD RezonesX3tabitat Place-Charlee EstatesXstaff report.doc JAN 1 2003 REZONE FINDINGS PETITION PUDZ-2002-AR-2965 Section 2.7.2.5 of the Collier County Land Development Code (LDC) requires that the report and recommendations of the Planning Commission (CCPC) to the Board of County Commissioners (BCC) shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives & policies of the Future Land Use Map (FLUM) and the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). Long Range Planning and Current Planning staff has reviewed this petition for consistency with the GMP, and recommend that, as conditioned, it be deemed consistent with all applicable elements of the FLUM the FLUE of the GMP should be considered a positive relationship. The proposed development is in compliance with the FLUE of the GMP. e The existing land use pattern; To the northeast, across Tamiami Trail is a church then a mobile home development known as West Wind. On the same side of Tamiami Trail this tract surrounds another church on three sides. To the northwest is the Paradise Point RV Resort, which is developed with recreational vehicle lots. To the south is part of the Fiddler's Creek PUD, developed for agricultural uses and a Migrant living facility and a Head Start program. The possible creation of an isolated district unrelated to adjacent and nearby districts; The parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The PUD district boundaries are logically drawn and they are consistent with the FLUE of the GMP. The proposed amendment will not change these boundaries. Whether changed or changing conditions make the passage of the proposed amendment necessary. The rezoning proposed to add to the existing PUD is appropriate base{ permitted land uses and compatibility with adjacent land uses. Furthem subject PUD has a positive relationship to the GMP. The proposed bui] on l~-~ ~ra~ ore,~~ fling are JAN 1~ 2003 e o proposed to be of a similar height that is compatible with the recreational vehicles located adjacent to the site Whether the proposed change will adversely influence living conditions in the neighborhood; The proposed development standards (i.e. setbacks) made a condition of approval should offset potential adverse impacts and will not adversely influence living conditions in the neighborhood. Furthermore, the conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Evaluation of this project considered the requirement for consistency with Policy 5.1 of the Transportation Element of the GMP and was the project was found consistent with that policy. In the final analysis all rezone actions are subject to the Concurrency Management System. Whether the proposed change will create a drainage problem; The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. However, as urban intensification in the absence of commensurate improvement to inter-county drainage appurtenances may increase the risk of flooding in areas when the drainage outfall condition is inadequate. In summary, every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. Whether the proposed change will seriously reduce light and air to adjacent areas; All projects in Collier County are subject to the development standards that apply generally and equally to all zoning districts concerning the need to provide the required open space. The subject development standards are designed to ~psure that light penetration and circulation of air does not adversely affect adjacent a cas. ~ I~ , JAN 1 2003 10. 11. 12. 13. 14. Whether the proposed change will adversely affect property values in the adjacent area; Typically urban intensification increases the value of contiguous underutilized land. However, this is a subjective determination based upon anticipated results, which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation or amendment may or may not affect value. the improvement or Whether the proposed change will be a deterrent to development of adjacent property in accordance with existing regulations; The basic premise underlying all of the development standards in the zoning division of the LDC is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement of adjacent property. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed rezone to PUD complies with the Growth Management Plan, which is a public policy statement supporting zoning actions when they are consistent with said plans. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public .welfare relationship because ~ctions consistent with plans are in the public interest. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the Growth Management Plan. Whether the change suggested is out of scalr with the needs of the neighborhood or the County; The project is designed in a manner that is compatible with surrounding and approved property in size and scale. It is also consistent with the Future Land Use Element of the Growth Management Plan. JAN 1 ~ 2003 15. 16. 17. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are many sites, which are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infxastmcture and to some extent the timing of the action and all of the above criteria. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. The extent of site alteration will be determined as a function of obtaining a Site Development Plan approval to execute the PUD's development strategy. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and they have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. JAN 1 2003 1'7 FINDINGS FOR PUD PUDZ,.2002-AR-2965 Section 2.'~.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Intensifying land development patterns produces economics of scale relative to public utilities, facilities and services, which are currently available in this area of Collier County. Development of land that has legal access, and is adjacent to existing zoned residential development is particularly suitable for a other residential development.. Reviews by County staff support the manner and pattern of development proposed for the subject propertY. Development conditions contained in the proposed Charlee Estates PUD document give assurance that all infrastructure will be developed consistent with County regulations. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public txpense. Documents submitted with the application provide evidence of unified control. The pUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). The subject petition has been found consistent with the goals, objectives and policies of the GMP. The proposed Charlee Estates PUD document will allow single-family dwellings, which is consistent with the GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The subject PUD requires a common architectural design and developmel sta~' r~l~ In addition, landscaping has been provided to buffer the adjacent properti~ Tll~~O--~ Master Plan has been designed to optimize internal land use relationship throja]~ ~a~ 2003 use of open space. 5 The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Thc proposed Charlee Estates PUD will not adversely impact the timing or sequence of development. Furthermore, the adopted concurrency requirements ensure that further LOS degradation is not allowed or the LOS deficiency is corrected. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criterion essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those development standards that were originally approved for the Habitat Place PUD, which is incorporated into this newly formed Charlee Estates. JAN 1 q 2003 Petition No.: Date Received: ATiON FOR pUBLIC HEARING FOR: PUD REZONE ~pPLIC RE.SUBMITTAL PUDZ_2002-AR-2965 Plarmer Assi=m'~ed: ___---- PROJECT #2002080019 DATE: 11/25/02 Commission District: __ KAY DESELEM ABOVE TO BE cOMPLETED B\' STAFF General Information'. Habitat for t-Iumanitv of Collier County Inc. Name of Applicant(s) _ Address ~ami Trail Applicant's Mailir~. State Florida Zip 34l City Fax ~ 9415 775-04'77 Applic ant's Telephone # '(9415 7 -75-0036 Applicant's E-Mail Address:_ Kenneth E. Griff'nh. AICP Finn: Johnson Enmneerma inc. Name of Agent: ' Agent's Mailing Address 2158 Johnson Street " 1 State Florida Zip 03901 Cit.',' Fort Myers Fax #~ Agent's Telephone/4 ~ Agent's E-Mail Address: ~sonen,_,.com cOLLIER coUNTY COMMUNITY DEVELOPMENT SERVICES/CURRENT PLANNING PLANNING DRIVE-NAPLES' FL 34104 28OO N. HORSESHOE pHoNE (941) 403-2400/FAX (941) 643-6968 J,fi, lq Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address City State ~ Zip. Name of Homeowner Association: Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State ~ Zip Name of Blaster Association' Nlaiiing Address City' State ~ Zip Name of Civic Association. Mailing Address City' State ~ Zip Disclosnre of Interest Information: a. If the property is owned fee simple by an INDIVDUAL, tenancy by the entirety, tenancy in common, or joint tenancy', list all parties with an oxvnership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership :~ -~,,fln2 \pt'l.l( ~TIOn; FOIl PI'BI.lC tIE.XRING FOR PUD RE-7_ON_E JAN 1 2003 ,,,.AL__ If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Percentage of Stock Name and Address. and Office ~'t ' of Collier County Inc_. 11550 Tamiami Trail Na les. Florida 34113 William Ramsev, V.P. D~el J. Durso President Marymme Durso V.P. Robert E. Calio_a. V.P. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Percentagc of Interest 100% Name and Address Ste hen Aooston. Trustee 8596 Wyatt Road ~ Hei2hts. OH 44147 If the property is in the name of a GENER:XL or LlY. IITED PARTNERSHIP, list the name of the general and/or limited parmers. Percentage o f Ownership Name and Address If there is a CONTRACT FOR puRCHASE, with an individual or individuals, a Corporation, Trustee, or a partnership, list the names of the contract purchasers below, inctudmg the officers, stockholders, beneficiaries, or partners. Percentage of Oxvnership Name and Address 100%/0 ~ier Cotmtv. Nc. Date of Contract: 2002 If any cor~tingency clause or contract tem'~s involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. FIECEIVED Name and Address ----- Se,wices g. Date subject property acquired (X) leased ( ): 6-9-2000 & 2-1985 Tem~ of lease _______yrs./mos. If, Petitioner has option to buy, indicate date of option: _.__.LNA _ and date option or anticipated closing date ten'ninates: ___---~-~-' Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of' the applicant, or agent on his behalf, to submit a supplemental disclosure of interest fom~. · covered by the a~ (If space is  than one zoning Detailed - inadequate, attach on separate page.) If request involves chan°-e to more district, include separate legal description for property involved in each district. Applicant survey (completed within the last six mortths, shall submit four (4) copies of a recent - maximum l" to 400' scale) if required to do so at the pre_application meetin°-' NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey ma.',' be required. 26 51 Range: Section: 12 Township: Lot: N 'A Block: N,"A Subdivision N/A Plat Book N/A Page #: N/AProperty I.D.#:_007_18400008. ~2. and 00737120004 Metes & Bounds Description: ~'on 12. Townst'u follows: · - . State Road ~o. ~v ~ ......_ ' -' ' -: nee · ction with said ~ht-of-x~a~ hne. thep North 54° ?1' 00" west alono said southwesterly r~V line. a distance - - of 1.439.79 feet to an ~n~ feet' thence run South 35° 39' 00" West· a distance . ' ' line ?~-J~A m~ 2003 · .rsection oint of Beginning. ~ of land. more or less. X avera_.a_~o_e Size of propertv_['. ~ono Tamiami Trail 28.4+_ Acres ~e thor 700 feet = Total Sq. Ft. Thesub'ect ro err is located o_n on of sub'ect ro ertv'. . ~oning and land use~: Zoning N CU-6 C~2 & A S pUT) E A Land use Haitian Ba t~st Nhss~on Church. then U.S. 41: vacant Fiddler's Creek: vacant V ac ant paradise Point RV Resort \V PUD Does the oxvner of the subject property own property contiguous to the subject property? tf so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Township: Section: N/A Block: ~ Subdivision:_ Lot: ~ Property I.D.#:_ Plat Book_____.__- Page ~.._____-~ Range' _______----- Nletes & Bounds Description: ices 7 o ~ This application is requesting a rezone from the PUD and A zoning district(s). zoning district(s) to the PUD~ Vacan___~t present Use of the Property: Proposed Use (or range of uses) of the property ~. 'income t~ousino-. Residential sino-le famiN Resloemtm ~tt~= ....... _JAN 1 2003 Evaluation Criteria~: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development Code, staff's analysis and recommendation to the Plarming Commission, -- lann' o_ ommission's rccon¥1endation to the Board of County Commissioners shall andthe P m,_,C ., ..__ ^c the annlicable criteria noted below. Provide a narrative be based upon consloerauon u~ rr statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. ~ ZT. Z5 I. llq~ether the proposed change will be consistent with the goals, objectives, aml ?olicies ancl fitture land use map and the elements of the groxvth management plan. The existing land use pattern. The possible creation of an isolated district u,rclated to ad~acent and new'by districts. [IT~cther existing district boundaries arc illogical(v drcm'n in relation to existi,g conditio,s on the property for the proposed chcmge. llT~ether changed or changing conditions make the/,ctssagc q/'thc (1.ezotle) necessaO'. [['heti~er the proposed change will rtch'crsc(v i~[~7tw,ce livi,g comtitio,s ~.'~ thc ,eighborhood. 7. IU~ether the proposed change will create or e.~'ccssi~'cly i,o'ease create t3~es of tr¥fic deemed i,~compattble xt'irh 3twrotmdi, g hind usex. because q/fcc& volumes or projected types of ~.ehicuIw' trc([/Tc, inch~di,g activiO' phctses q/the development, or othe~nvise affect F,blic s~t¢ty. 8. [IT~ether the proposed change will create a d,.aimtge problem. 9. [IT~ether the proposed change will seriottsly reduce light aml air to a4/acent areas. I O. [I7~ether the proposed change will seriously affect proper(v rahtes in the adjacent area. I I. IDtether the proposed change will be a deterrent to the improvement or development of atO'acent property in accordance with existing regulations. 12. I[7~ether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public we~we. I3. llT~ether there are substantial reasons why the property cern,or be used in 'tccor(lance with existing zoning. 14. IITtether the change suggested is out o/scale ~'ith the needs q/'the county. . ·, ........ n-,, pm i(' VFI()N [_~)R I't'BI-~' F(}I~' PT I) ACIF. I~A ~ hood or the I 2003 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such ttsc. 16. The physical characteristics of the property and the degree Qf site alteration which would be required to make the property usable for any of the range of potential uses under thc proposed zoning classification, availability of adequate public facilities and seth'ices 17. Ute impact of development on the- consistent with the levels of se~'ice adopted in the Collier County growth management plan and as defined and implentented through the Collier Colt;lQ' Adequate public Facilities Ordinance {Code ch. I06, art. IU, as amended. 18. Sttch other factors, stamlards, or criteria that the board of counO' commissioners shall deem important in the protection of the public health, safety, and welfare. pUD Rerone Considerations (LDC Section 2.7.3.2.5) I. U~e suitability of the area for thc type and pattern of development proposed in relation to physical characteristics of the land. surrounding areas, trc(~c and access, drainage, sewer, water, and other utilities. 2. AdcqttaO' of evide~we of unified control crud stti~abifio' of an)' proposed agreements. coatract, o;' other instrztnzents, o;' fo~' ctn~etzdnzcnts bt those proposed, particularly as the)' may relate to arrangements or provisions to be inctde fo~' the continuing operation rt~tcl mainte~ance of such areas ami facilities tl~ctt are ~ot to be provided o~' maintained lmblic expense. Findings amt recom;ncndations of Il, is type shed{ be made onD' consultation with the county attorneY. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth mw}ageme~tt plan. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. The adequaCy of usable open space areas in existence and as proposed to se~'e the development. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. The ability of the subject property aml of surrounding areas to accommodate expansion. S. Co~Lformitv xvith PUD regulations, or as to desirable modifications of such regtt[atio~ts the partic;tlar case, based on determination that such modifications of fits mecting public purposes to ct degree at least equivalent to literal applicati regulations. ~,~,,I ~('',T~(~1 DRE'ZONE' !t ec JAN 2003 10. 11. _Deed Restrictions_: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use etitions on the sub'ect ro ertv: To your knoxvledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? No Additional Submittal requirements_: In addition to this completed application, the folloxving ~hall be submitted in order for your application to be deemed sufficient, unless other~vise waived during the pre-application meeting. A copy of the pre-application meeting notes; If this rezone is being requested for a specific use, provide twenty (20) copies (this includes: HUI if affordable housing, Joyc~6,E, mst, if residential and Immokalee/Water Sewer District, if in Immokalee) of a 24" x conceptual site plan [and one reduced 8V2" x 11" copy of site plan], drawn to a maximum scale of I inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distributior~ to the Board and various advisory boards such as the Environn'tental Advisory Board (EAB), or CCPC]; all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and e~ess (including pedestrian ingress and egress ~o the site and the structure(s) on site), · all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), as may be required by the County, exlStln,.. · proposed and/or .' ' , landscaping and buffering c. An architectural rendering of any proposed structures. d. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC), or a request for waiver if appropriate. Use Cover and Forms Classification Systerm \i,I,I.ICXTION FOR I't'Bl-I~I~ PI'l) RE-ZONE Whether or not an EIS is required, two copies of a recent' aerial photo! within the previous twelve months), minimum scale of one inch equals 400 submitted. Said aerial shall identify plant ancVor wildlife habitats and thei Such identification shall be consistent with Florida Department of Transp, Additionally, a calculation :aph,~8~ 'eet,l~hall be boundaries. :t at~t~qL[~12003 the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserx'ed (per LDC Section 3.9.5.5.4.). Statement of utility provisions (with all required attactunents and sketches); A Traffic Impact Statement (TIS), unless waived at the pre.application meeting; A historical and archeological surx'ey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre_application meeting); Any additional requirements as may be applicable to specific conditional uses and identified during the pre_application meeting, including but not limited to any required state or federal permits. An electronic version of the pUD on a disk as part of this submittal package. ECE;VED ;:ianning Services ., .~ ~xl'Pl.ICx-TION ~R p[D RE-ZONE JAN 1 2003 AFFIDAVIT We/l. Kenneth E. Griffith~ AICP being first duly sworn, depose and say that we/I am/are the owners/agent of the property described herein and which is the subject matter of the proposed hearing: that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data. and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this fom~. whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. HABITAT FOR HUMANITY OF COLLIER COUNTY INC. Si-nature of Owner/Agent Typed or Printed Name of Owner;Agent . --: /:'~.~?Z'/ day of ~Xuoust The tbreooipo instrument w~s acknowledged before me mrs/ '~- . ' ~ ' '00' b'Y~2.X'''v'~5,~ ~9~¢-,¢/~ 7 ' ~ .~- - or has produced as identification. (Signature of Notary Pub[ic State of Florida of Florida) County of Collier (Print. Type.orStampCommissioned Name of Notary Public) JAN 1 2OO3 pUDZ-Z002-AR ~.96 t~.-~~ pRoJECT ~200201Suu t9 DATE: 8II3/02 pUD REZONE APPLICATION S1 # OF REQUIREMENTS Completed Application Copy of Deed(s) and list identifying Owner(s) and all Completed Owner/Agent Affidavit, Notarized 4. Pre.applicatio'~'-notes/minutes Conceptual Site Plans ~ 6. Environmentallmpact Statement' (EIS) '7. Aerial photograph - (with habitat areas identified) Completed Utility provisions Statement (with 0. Histori~ai~ ~rchaeologicai Surwey or Waiver · lication ~ '~~. _ ~te and/or Federal Permits ~ 11. t~op~es o-~ 12. Architectural Rendering of proposed Structure(s) pre_Application Fee, Application Fee and Data to 13. ' Conversion Fee Check shall be made payable of Cou~ An electronic version of the pUD on a disk as par~ 14. the s~ ING: Cfi Affidavit 20* 20* 20* 4 5* 4 4 4 4 4 APPLICATION sUBMITTAL: Copy of attesting that all property owners, civic associations and property owner associations were notified. Copy ot audio/video recording of public meeting. Written acco Affordable Housing Density BonUS Agreement inclu ENTS: ~TttER 4 20 2 2 20 20 5 5 4 4 4 NOT N/A N/A N/A .onal copy if for a housing is included all of the information indicated on this checklist , Document~ ~. ..... t;~ant for tn~s pe As the authorizeO a°-enuavv"~  l understand that failure to mctuae a _--------------~ Z.2002-AR-2965 Ao_eht/Appuca'" ~"= .... ~SJECT #2002080019 L - - ' · ·; - 'o gE-ZONE V . ,, OO ....... . ;-aR PV~; FOR PtU ~ ........ DATE- 8/1~/ RE-SUBMITTAL PUDZ-2002-AR-2965 PROJECT #2002080019 DATE: 11/4/02 KAY DESELEM AFFIDAVIT We/I, HABITAT FOR HUMANITY OF COLLIER COUNTY INC. being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings ~vill not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/I further authorize Johnson Engineerin~ Inc. to act as our/my representative in any matters regarding this Petition. HABITAT F~ ..~ ITY OF COLLIER COUNTY ENC. _ ' - r - ~-/" ' Si.,znature of Property Owner S i_~nature o f Property Owner Samuel J. Durso, M.D., President Typed or Printed Name of Owner Typed or Printed Name of Owner ' t The foregoing instrument was acknowledged before me this t ~ day of Auzus, ?00') bv ~x_mOd -~ocS~ fft,'O. ~sonallykno,~~oduced .... i as identific~ ~ State of Florida County of Collier ~ubli-c-- St~.te ~.__ of Florida) (Print, Name of Notary Public) JAN 1 2003 DESCRIPTION' (OFFICIAL RECORDS BOOK 587, PAGE 111} ~Ro~ T~ ,N~RS~CT~ON OF T~' SOUT~ L~N~ OF S~CT~ON ~. TOWNS~'P RANGE 26 EAST, COLLIER cOUNTY, FLORIDA, WiTH THE sOUTHWESTERLY RIGHT-OF-WAY LiNE OF sTATE ROAD ~90 (U.S. ROUTE 4~, TAMIAMI TRAIL), RUN N. 54'2~' W., ALONG SA~D R,GHT-OF-WAY LI~E FOR ~,500.00 FEET TO THE PO'NT OF THENCE S. 35'39' W., FOR 400.00 FEET; THENCE S. 54'21' E., PARALLEL W~TH SAiD RiGHT-OF-WAY LINE, 500.00 FEET; THENCE S. 55'39' W., FOR 3~9.90 FEET, TO THE sOUTH LiNE OF sECTiON ~2, THENCE S. 89'5~' W., ALONG SAiD sOUTH LINE, FOR 1,252.18 FEET; THENCE N. 35'39' E., FOR 1,439.79 FEET TO THE AFORESAID RIGHT-OF-WAY LINE; THENCE S. 54'21' E., ALONG SAID LINE, FOR ~00.00 Z~T ~O ~ PO'~ O~ ~'~' ~O~*~'~ :0.~ RE-SUBMIT' PUDZ-2002-; pROJECT #; DATE: 11/4/02 KAY DESELEM JAN 1 ~ 2003 AL. DUFAULT TEAH D~ iAULT TEAM O2 JAN 1 ~ 2003 RE.SUBMITTAU pUDZ.2002-AR-2965 pROJECT #2002080019 DATE: 11/4/02 ~: xY DESELEM Page I of 2 )ivision of Corporations .... Florida Depart.~ent of State, Di~,ision of Cortwrations - . - - Pubnc ..... Florida Non Profit HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. PRINCIPAL ADDRESS 1550 TAMIAMI TRAL EAST NAPLES FL 34l 13 US Changed 03/06/2000 Document Number MAILING ADDRESS 1550 TAMIAMI TRAL EAST NAPLES FL 34113 US Changed 03/06/2000 FEI Number 591834379 Date Filed 03/20;1978 742136 Effective Date Status NONE State ACTIVE FL Event Date Filed Event Effective Date NONE Last Event 11/05/1999 AMENDMENT Re '.stered A Name & Address JEL DR. 891 pARTRIDGE COURT MARCO ISLAND FL ,145 Name Changed Address Officer/Director Detail Page 2 of 2 Msion of Corporations 89 PORTRIDGE coURT 704 TURKF'Y OAKLAN E NAPLES FL 3 GRANDA. lOSE g31 PASTRIDGE coURT MARCO ISLAN[ 4145 Annual forts Previous Filing Return to List View_Events V]ew Name History Next Filing Document Images Listed below are the images available for this filing. 0_2/04/_200~ :-___ANlq REP/13NIFORM BUS_RE?_ 02/06/2001__-: A_Niq_ ~P/UNIFO _P, jVI B _U.' S-S~RE-P- 03/06j20_00 7_- AN'lq _R=E~?,q--rNIFORM BUS ~REP 11/05/_1999 -~- A_ _me_nd_m__e_n_t 03/11/199_9 ;___ANNUAL REPORT ~2/04/1998 --_ A___NI'~_AL REPORT · 1/26/1997 -- Name Change ,1/31/199_7_-~A _N~U_ AL REPORT ~RT THIS IS NOT OFFICIAL RECORD; SEE DocUMENTS IF QUESTION OR CONFLICT Corporations Inqu'~u~ _ JAN 1 ~l' 2003 RE.SUBMrI'TAL PUDZ-2002-AR-2965 PROJECT #2002080019 DATE: 11/4/02 KAY DESELEM cHARLEE ESTATES A PLANNED UNIT DEVELOPMENT The Land Development Code. Section 2.7.3.2.5, requires the following considerations for PUD Rezone: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. , 1o meat will be compatible and he roject dele p .. ,__a ,, Although the RESPONSE: T P. - ...... hain complemental' to existing ana surruu project will not be amenitized like an up-scale residential development, there will be the possibility, to provide areas for social and recreational property will be from U.S. 41. Each residential unit space· Access to the centrally provided potable water, sanitaW sewer, will be sera'ed with electric power, and telephone· Additional ser~,ices will be provided as deemed appropriate- -~ Adequacy of evidence of unified control and suitability of any proposed -' contract, or other instruments, or for amendments in those 3oposed. particularly as they re. ay re ate to arranoements or provisions to be ao_reements, 11 . · ~_ ~+~ c,,,-h a and facilities adc for the continuing operation anct mamtenant:c '~ ......reas t~at are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorneY. RESPONSE: The subject property, is currently under the ownership of Habitat for Humanity of Collier County, Inc., and Stephen Agoston, Trustee. Habitat for Humanity of Collier County, Inc. is the contract purchaser of the Agoston property., the sale of which will consomate upon approval of the pUD proposed Amendment. The water and sewer lines within the proposed project will be dedicated to the Collier County Water/Sewer District upon completion and acceptance of the subdivision plat and the water and sewer facilities. Additionally, the roadways within · will also be turned over for County maintenance upon thoemP~e~t of construction- Hd°~;~;[dd altlO ~;~in~g~ar~ened E~ff~aa~eers c Portent facilities will be .... sibilitv of maintenat[~'~~-------'~ mana~,cn, 's Association with the respo- Homeowner · . royal. Therefore, the project wi ,;.~o ,~f subdivision plat ap.p ...... oreements at the time ~f platting " ..... --'--,-I ~nd mamtenm~.~ '~, I JAN 1 ~ 2003 private operauun~, "., a..~,~,~o facilities I for maintenance o! salu u,,, .... ~,e · · Paoe 1 of 4 o Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. RESPONSE: The requested PUD is consistent with the goals, objectives, and policies of the growth management plan as described in -Charlee Estates Planned Unit Development Ordinance"- Statement of Compliance. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design. and buffering and screening requirements. RESPONSE: The t)roposed PUD contemplates a single use within.t~e project - residential single family. There are no internal compatibility issues and the single family use i} consistent with existing and planned land uses adjacent to the project. The single family use will provide all buffering and screening requirements as prescribed by the Collier Count)? Land Development Code. The adequacy of usable open space areas in existence and as proposed to serve the development. RESPONSE: The proposed project is for a ','eD' low income single family residential subdivision. The subdivision will provide open space as required by the Collier Count)' Land Development Code. Although the open space areas are not of a size commonly found in larger more affluent subdivisions, opportunities do exist to utilize the open space areas that will be provided. Most open space opportunities for resident within the subdivision will occur on their own lots (ie, patios, rear yards, etc.). There may be opportuniB' to provide a communit)' playground facili~' in one of the open space area. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. RESPONSE: Water distribution and sewage collection and transmission facilities to serve the project will be designed, constructed, conveyed, owned, and maintained by Collier County. in accordan(~ Ordinance No. 97-17, as amended, and other applicable Count)' r regulations. J~N ~ t~ ~003 ¢~oe 2 of 4 The ability of the subject property and of surrounding areas to accommodate expansion. RESPONSE: The original PUD zoning contained 20 acres. This amendment is to add the adjacent 8 acres to the PUD. Due to physical constraints, Tamiami Trail East, Paradise Point RV park and adjacent water management canal, the project is preclude from further expansion. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. RESPONSE: The development will be in conformance with the PUD regulations. The project will be designed and constructed in conformance with all applicable Collier CounD' Land Development Code requirements, the requirements of the PUD and any local, state or feder.al requirements applicable to the project. JAN 1 2003 Charlee Estates Statement of Consistency With APA Smart Growth Principles Collier County. recently amended its' Land Development Code, (Sec.2.2.20.2.1.), to require all proposed PUD developments to ,,demonstrate consistency with 'Smart Growth' principles as adopted in the most recent policy guide on smart growth by the American Planning Association (APA)". The APA Policy Guide on Smart Growth was intended as a macroscopic doctrine to influence public policy in a direction that will meet the concerns raised by the Smart Growth movement, along with the challenges of sustainabiliW and equity.. The Policy Guide also challenges private sector interests to help reverse the negative effects of the current predomin, ant pattern of regional growth "spra~l' by advocating new "Smart Growth" policies and practices that will lead to well-designed regional communities of lasting value. Although all the collective principles outlined in the APA Policy Guide cannot be applied to one small-scale development project, such developments certainly help fulfill the general cumulative intent of those policies. In this instance, the proposed Charlee Estates Planned Unit Development is consistent with and promotes the following APA Smart Growth principles and practices: · Charlee Estates is a planned very-low income single-family development project. The project applicant. Habitat for Humanity of Collier County, Inc. is requesting Affordable Housing Density Bonus credits for this affordable housing development. These credits will allow for higher density development on the land than normally would be permitted by the land use classification. This promotes a higher densiD' project that is a fundamental APA Smart Growth principle for efficient use of land and resources. · The Charlee Estates property, is located in an area amongst previously approved residential and commercial Planned Unit Development projects which results in the proposed project being an infill development and promoting the compact urban core APA Smart Growth principle. · The applicant is creating a neighborhood that will maximize the use of existing infrastructure facilities (i.e., sexver, water, electricity,, roads, etc.) which promotes the efficient use of public and private infrastructure APA Smart Growth principle. · The applicant has designed a project with internal pedestrian walkxvays that will be extended along the arterial roadway adjacent to the project thereby providing for future connections to a regional pedestrian system. This promotes the pedestrian friendly development APA Smart Growth principle. · The applicant is proposing an affordable housing development that provides housing opportunities for workers at lower levels of compensation and that will help create a housing choices promote APA Smart stable mixed-income neighborhood. These type ~ Growth goals of attaining social, economic and racial equity in a community JAN 1 21103 p,qoe 4 of 4 NAME OF APPLICANT: MAILING ADDRESS: sTATE cITY ~ ADDRESS OF sUBJECT pROPERTY (IF AVAILABLE): LEGAL DESCRIPTION: -- Range: ~ Section: 12 Township: --------'"'~~ N / A..~_._~ Subdivision Lot: ~ __.Property I.D.#: _?,& Page#: ~ plat Book ~~-7120004 '~ · Metes & Bounds Description: ~ ~ . _r ,;,,~ south line o~°wnshi 51 South. Rano-e  · hr-of-way line of State Road ~o..-,..o -, ~, ~ sa,,:, '"'-' ...... · · · , ' ri" ri~ht-of-~ No~h 54~ 21' 00" west f 0 t~~~l~l~vt~lt!L~l~L55° 39' 00" East. a dist~,,,nce of 400.00 feet to .an TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): COUNTY UTILITY SYSTEM ~l (GPD capacity) e. SEPTIC SYSTEM o CITY UTILITY SYSTEM FRANCHISED UTILITY SYSTEM PROVIDE NAME PACKAGE TREATMENT PLANT TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM CITY UTILITY SYSTEM ¢. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) TOTAL POPULATION TO BE SERVED: 318. 8. PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK AVERAGE DAILY: 64,000 ~pd B. SEWER-PEAK AVERAGE DAILY: 79~500 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: 2003 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used. then percolation data and soil involved shall be provided from tests prepared and certified by a professional enoineer. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT' If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sexvage collection facilities within the project area upon completion of the construction of these facilities in accordance witk all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVID waived or otherwise provided for at the pre-application meeting, if the project sewer or potable water services from any provider other than the County, a that provider indicating that there is adequate capacity to serve the project shall Utility Provision Statement RJM 10/17/97 ..... ' rth![i, Pl 'ItLIC HEARING FOR PUD RE-ZONE COLLIER COUNTY GOVERNMENT PUBLIC TILITIE DIVISION July 3, 2002 Darren M. Weimer, P.E. Johnson Engineering 2350 Stanford Court Naples, FL 34112 Re: Charlee Estates Water and Wastewater Availability dUL - 8 2002 ¥: - / 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 (941) 732-2575 FAX: [941) 732-2526 Dear Mr. Weimer: Water and sewer service is available for the above referenced proiecl via existing lines along Tamiami Trail East (U.S. 41). If this project is not to provide the required Collier County Utility Easements (CUEs), sewer facilities shall be owned and maintained by the owner, his successors or assigns. If this project is to provide the required CUEs, all sewer facilities shall be owned and maintained by Collier County Public Utilities. All on site water facilities constructed within any multi-family tracts, clubhouse tracts. commercial tracts and common areas shall be owned and maintained by the oxvner, his or assigns. This project shall be equir)ped with a master meter and · shall be owned and successors, appropriate backflow device. All water and sewer within this project maintained by the owner, his successors or assig-ns. Tie-in to water and sewer lines shall be made after submission and approval of the hydraulic calculations by Engineering Review Services, showing that the downstream systems are adequate to handle the increase in flow. The District will be making phased expansions to the water supply, treatment and transmission facilities and sewage transmission, treatment and disposal facilities servicing the area in question and other areas of the County, based on demands within the system and other binding commitments- These expansions should provide sufficient capacity to supply the referenced property's anticipated potable water and sewage treatment and disposal den'tands and the remainder of the District's committed capacity. Hoxvever, no A~GE~A iTEM guarantee can be issued that other developments throughout the District will PUDZ-2002--4 PROJECT DATE: 8/13/0~ 2003 Darren M. Weimer, P.E. July 3, 2002 Page 2 not have an impact on the quantity of potable water and sewage treatment and disposal capacity available to this property until each phase has received a commitment for service. Connections are also subject to the availability of water and sewer capacity at the time er su ly or sewage treatment and disposal · e' Should wat PP · interim means · ' s rec ~ved. ' o rowde an formal apphcauon ~. .... ,__ r~,,-~ner would be reqmred t p capacity not be avauame, tnt ,-, ..... r of water supply and treatment and sewage treatment and disposal until the District's facilities have the adequate capacity to serve the project· Please note that any and all improvements that you construct must be in accordance with all applicable ordinances and policies, including the pa3xnent of impact fees. Should you have any further questions, please feel free to contact me at (239) 732-2575. Sincerely, Engineering Technician cc: Wes Hill, Engineering Review Services JAN ! ~ 20O3 PUDZ.2002-AR-2965 PROJECT #2002080019 DATE: 8/! 3/02 KAY DESELEM PRE.APPLICATION MEETING NOTES Date: ~t/l~/~.~Time: I~'-~C:> _Firm:~"~v~5~f~ ~t,~-. Project Name: Applicant Name: ~ ~g.t ~'~ ~-C'M Phone: PUDZ-2002-AR-2965 PROJECT #2002080019 DATE: 8/13/02 KAY DESELEM PUD Amendment Owner Name: Owner Address:_ Meeting Attendees: Planner: Phone: 17 Copies of the following: '~ Completed Application Current Master Plan & t Reduced Copy Revised Master Plan & ! Reduced Copy Detailed description of why amendment is necessary PUD document with changes crossed through & underlined pUD document as revised with amended Title Page with Ordinance Detailed description of proposed changes 2 Copies of the following: ~ Deeds/Legals & Survey (if boundary of original. PUD is amended) List identifying Owner & all parties of corporation ~ Owner/Agent Affidavit signed & notarized ~ ~ 1 copy of completed Addressing Checklist l copy of 8 ½" X 11" graphic location map of site Traffic Impact Statement (TIS) Environmental Impact Statement (ELS) Other. Other Fee Calculation Worksheet [--] $1500.00 (Minor) [~ $2500.00 (Major) ['-] /4/~ 1000.00 (Insubstantial) $300.0.Q Pr.e-al~plicati°-n fe.e (to be credited toward application fee upon submittal). Fee Total $_ Fees to be paid after receipt of invoice from Planning Department: Property Owner Notifications: $1.00 Non-certified $3.00 Certified return receipt mail Agent/Owner Signature Date:_ JAN 1 ~ 20O3 T0:94549S20 P:lXt _17z2002 12:5~-P FROM: ~ --.~____.o~1~o4U33 ,, . J~HNSON ENG INC ~]002 PUDZ-2002-AR-2965 PROJECT #2002080019 DATE: 8/13/02 KAY DESELEM t~ DRESSING' Cl~ CK LI$ T ease complete the following an~ subm/t to the Addressing Section for Rev/ow. Not 911 kerns w/Il av~l¥ to ? proie~t. Iten~ in bold tvve are required.. Legal d,e_~scription of subject propcrty or properde~ (copy ofiength2 des~.'.ption .may p,__attachetO Folio (Prope.rty ID) number(s) of above (attach to. or associate with, legal description if more than one) Street addr~$ or addresses (as applicable, if already assigned) Location map, showing exact location of project/site in relation to nearest public ~oad fight-of-way (attach) Copy of survey (NEEDED ONLY FOP, UNPLATTED pP,OPERTIES) Proposed project name (oCapplicable) Proposed Street names (if applicable) Site Development Plan Number (FOP, EXISTING pp, OJECTS/SiTES oNLY) SDP T~jrp~-- (Con~plete a separate Addressing Checklist for c~h petition Type) Petition PPL (Plans & Plat RevieW) PSP (prvliminarY Subdivision Plat) SDP (Site D~velopment Plan) SDPA (SDP Axncndmeat) . SDPI (SDP Insubstantial Change) SIP (Site improvcrn--nt Plan) SIPA (SIP Amendmcat) - SNR (Street Name Cha~ge) [~ FP (Final Plat) [~] LLA (Lot Line A~ljusUnenO [~ BL (Blasting Permit) [] ROW (Right-of-WaY permit) FI EXI' (Excavatio~ permit) [~ Vegetation/Bxotie (Veg. Removal Perm/ts) [~ Land Use petition (Variance, Conditional Uso,{~ VRSFP 0sreg' R~moval & Site Fill permit) Dock ExL, Rezone, PUD t-~zonc, etc.) ~ - Boa -- m'be' PtJO ~m '~ ~ e.~ f__. , at3p~-~ in~ cond°mi~itma documex~ts (ff ~O~ex- Des ' ~sexl for, or alreaay development ~0. Project or whcth~ proposed or existing) _ t 1, ~~klist is to P ~ lu¢ is subject to 12. Applicant Na~e ~ot ccm~~ect mad/or Stxeet Name aYFr°val Sig~atat~ on Addxesamg - t3. %AFF USE OI Address Number ~ ate -~ ' A~ Number Approved b ^aarcss t4umb~ ~ - RECI~t"C~, - PRE.AppLICATION MEETING SIGN IN SHEET 1Vleeti~g ?~oiect Name PLEASE pR~lqT oivisJon/Oept Regarding____.__. Name ' ct t% phone Number / I ...... ,~a~s~fOrms\Pre-APP sign in sheet.doc JAN I ~ 2003 CHARLEE ESTATES PHASE II LO¢~TIO~ 1~? PUDZ-2002-AR-2965 PROJECT #2002080019 DATE: 8/l 3/02 KAY DESELEM JAN ! z~ 2003 PUDZ-2002-AR-2965 PROJECT #2002080019 DATE: 8/13/02 KAY DESELEM TRANSPORTATION IMPACT STUDY FOR CHARLEE ESTATES A PLANNED UNIT DEVELOPMENT AVGUST 2002 PREPARED FOR: HABITAT FOR HUMANITY OF COLLIER CouNTY, INC. 11550 TAMIAMI TRAIL EAST NAPLES, FLORIDA 34113 PREPARED BY: JOHNSON ENGINEERING, INC. ENGINEERS, sURVEYORS, PLANNERS AND ECOLOGISTS 2158 jom~SON STREET FORT MYERS, FLORIDA 33901 RI~GISTRATIy~N N .~.~_ DATE: ~~ JAN 1 tt 2003 INTRODUCTION: This report has been prepared to document the impact of traffic that will be generated by the proposed addition to the currently approved Planned Unit Development (PUD) on area roadways. An analysis has been conducted to determine if adequate roadway capacity exists on impacted links to serve the new trips that will be added due to the development of this project. The proposed development is located in the south half of Section 12, Township 51 South, Range 26 East, fronting on U.S. 41 (East Tamiami Trail), approximately 3 miles east of S.R. 951, immediately east of Paradise Pointe R.V. Resort. The site is approximately 28 acres, and it is proposed that 126 single-family homes be built on this site. The project is shown on Vicinity Map - "Exhibit A". Access to the project is proposed directly from U.S. 41, with one project entrance aligning with Joseph Lane, to the north, and another near the eastern boundary. In order to establish roadway impacts, this report examines traffic conditions at the expected time of project completion. It is anticipated that project build-out will occur by the year 2004. EXISTING CONDITIONS: The 2002 Annual Daily Counts are shown on the Existing Conditions Map -"Exhibit B", and described in Table 2. This information was obtained from the Collier County Transportation Planning Department. TRIP GENERATION: Trips generated by the Charlee Estates affordable housing development were assigned to the surrounding roadway infrastructure based on the existing and anticipated traffic patterns for this area of Collier County. Business and employment opportunities as well as recreational attractions were considered in the trip distribution assignment. "Exhibit C" depicts trip distribution. Trip generation estimates for the proposed project was derived by application of the DVG formulas and rates found in the Institute of Transportation Engineers publication, Trip Generation, Sixth Edition. It was determined that land use code "Single-Family Detached Housing" (LUC 210) ,,:rovides the most representative results. Table 1 -Trip Generation utilizes formulas and rates for weekday average, AM peak hour average, and PM peak hour average. As concluded, the proposed development is expected to generate daily trip ends, and tip ends during the AM and PM peak hours, respectively. JAN 1 2003 -1- Table 1 TRIP GENERATION Single Family Detached Housing (126 units = X) Average Weekday Ln(T) = 0.92Ln(X) + 2.707 T = 1,283 AM Peak T = 0.700(X) + 9.477 T=98 PM Peak Ln(T) = 0.901Ln(X) + 0.527 T= 132 Enter Exit 50% 50% 642 641 25% 75% 24 74 66% 34% 87 45 LOCATION: E. Tamiami Trail (U.S. 41): West of Project Entrance East of Project Entrance West of Collier Boulevard Collier Boulevard (S.R. 951) Table 2 EXISTING CONDITIONS 2001 Existing AADT LOS 12,552 B 5,159 B 26,082 B 33,442 B 21,077 B LOCATION: Collier Boulevard (C.R. 951) Annual Average Daily Traffic (AADT) counts in Table 2 were derived from the 2001 Collier County Transportation planning Department Annual Traffic Counts. Table 3 SITE IMPACTS Projected Impacts on Major Thoroughfares 2004* Project % AADT Traffic Increase Existing LOS LOS w/Project E. Tamiami Trail (U.S. 41): West of Project Entrance East of Project Entrance West of Collier Boulevard Collier Boulevard (S.R. 951) 19,090 964 5.0% B B 7,444 319 4.3% B B 37,634 386 1.0% B B B - C B 48,253 193 0.4% Collier Boulevard (C.R. 951) 30,412 386 * 13% increase per year for these roadway segments. -2- 1.3% JAN ! ,~ 2003 "Exhibit C", Trip Distribution was used to determine Project Traffic in Table 3. Projected 2003 Annual Average Daily Traffic in Table 3 were derived from the Collier County Transportation Department's Counts and Projections 99 Projection Sheets from Support Section C of the Trans- portation Element of the Growth Management Plan (GMP). This is shown on the Traffic Impact Map - "Exhibit D". PROPOSED IMPROVEMENTS: No other roadways within the five-mile radius of development influences are proposed for improvement as indicated in the Collier County Metropolitan Planning Organization's Before 2006 Transportation Improvement Program. CONCLUSION: Although the project's traffic generation will exceed five percent of the LOS "C" on U.S. 41 east and west of the project's entrance, that roadway segment is not operating, nor is it pro- jected to operate at an unacceptable LOS within the next year. Therefore, the proposed land use change is consistent with Policy 5.1 of the Traffic Circulation Element of the GMP. The result- ing traffic impact analysis for Charlee Estates PUD demonstrates that no detrimental impacts will occur on U.S. 41 or other roadways in the area. JAN 1 2003 Pm. -3- 5 MILF RADIUS OF iNFLUENCE !i ject Location JAN 1 ~ 20O3 R 26 E 2350 Stonford Court Nopies, Florida _~4112 PHONE (cJ4.1) 454-0553 - ~ q z,, '~ , 54-9320 VICINITY MAP EXHIBIT A SHEET ORDINANCE NO. 03- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 1612S; BY REZONING FROM "A' AGRICULTURAL (8.-t: ACRES) AND FROM HABITAT PLACE PLANNED UNIT DEVELOPMENT (PUD) (20-~: ACRES) ZONING DISTRICTS TO CtlARLEE ESTATES PLANNED UNIT DEVELOPMENT (PUD) TO ALLOW A 124 LOT, SINGLE-FAMILY SUBDIVISION THAT WILL BE DESIGNED TO ACCOMMODATE LOW INCOME HOUSING UNITS; APPROVING AN AFFORDABLE HOUSING DENSITY BONUS AGREEMENT AUTHORIZING THE DEVELOPER TO UTILIZE AFFORDABLE HOUSING BONUS DENSITY UNITS ON THE AMOUNT OF 39 UNITS AT 1.37 BONUS DENSITY UNITS PER ACRE) IN THE DEVELOPMENT OF THE SINGLE-FAMILY RESIDENTIAL DWELLING UNITS FOR VERY LOW-INCOME RESIDENTS FOR PROPERTY LOCATED ON THE SOUTHWEST SIDE OF TAMIAMI TRIAL EAST, IN SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 28.462+ ACRES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Kenneth E. Griffith, of Johnson Engineering, Inc., representing Habitat Humanity of Collier County Inc. as partial owner and contract purchaser, petitioned the Board of County Commissioners, in petition number PUDZ-2002-AR-2965, to change the zoning classification of the herein described real property and to approve the affordable housing density bonus agreement authorizing a density bonus of 1.37 units per acre for a total of no more than 39 density bonus units. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: SECTION ONE: The zoning classification of the herein deSCribed real property located in Section 12, Township 51 South, Range 26 East, Collier County, Florida, is changed from "A" Agricultural (8:e acres) and from Habitat Place Planned Unit Development (PUD) (20+ Acres) to Planned Unit Development (PUD) in accordance with the Charlee Estates PUD Document, attached hereto as Exhibit 'A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 1612S, as deSCribed in Ordinance Number 91- 102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: The Affordable Housmg Density Bonus agreement, attached hereto as Exhibit "B," authorizing a density bonus of 1.37 units per acre for a total of no more than 39 density bonus units is hereby approved and adopted as if fully set forth herein. SECTION THREE: This Ordinance shall become effective upon filing with thc Department of Stat~ JAN l 2003 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ,2003. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency Patrick G. White, Assistant County Attorney PUDZ-2002 -AR-2965/KD/sp Attachments: Exhibit A, PUD Document Exhibit B, Affordable Housing Density Bonus Agreement JAN 2003 Community Development and Environmental Services Division CHARLEE ESTATES A PLANNED UNIT DEVELOPMENT REGULATIONS' AND SUPPORTING MASTER PLAN GOVERNING CHARLEE ESTATES, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. 11550 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34113 PREPARED BY: KENNETH E. GRIFFITH, AICP JOHNSON ENGINEERING, INC. 2158 JOHNSON STREET FORT MYERS, FLORIDA 33901 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL JAN ! 2003 TABLE OF CONTENTS List of Exhibits and Tables Statement of Compliance Section I Section 1I Section 11I Section IV Section V Legal Description, Property Ownership and General Description Project Development Requirements Residential Development Standards Common Areas / Recreation Areas General Development Commitments i ii I-I II-I ffl-1 IV-I V-1 .lAN 1 It 2003 LIST OF EXHIBITS AND TABLES EXHIBITS: EXHIBIT A EX~H~IT B ~t~r~IT C E~IT ~ Location Map Boundary Survey Aerial Photograph PUD Master Plan JAN ! ~ 2003 STATEMENT OF COMPLIANCE The development of approximately 28.4:1: acres of property in Collier County as a Planned Unit Development to be known as Charlee Estates PUD will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The residential and recreational facilities of Charlee Estates PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: The subject property for development is within the Urban Mixed Use District/Urban Coastal Fringe Subclistrict 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). The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the Future Land Use Element. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. Improvements are planned to be in compliance with applicable forthcoming land development regulations as set forth in Objective 3 of the Future Land Use Element. The project development is consistent with and furthers Policy 5.5 of the Future Land Use Element in that it utilizes existing land zoned for urban intensity uses and avoids opening up new areas to development. The project is proposed to be an affordable housing, single-family residential development. The Density Rating System of the FLUE provides for 3 dwelling units per gross acre when a proposed project is within the Traffic Congestion Boundary, as depicted on the Future Land Use Map. An Agreement Authorizing Affordable Housing Density Bonus and Imposing Covenants and Restrictions on Real Proper~y is adopted by reference. Although only 1.37 dwelling units per gross acre density bonus is being utilized, the Project being 100% very low income housing is eligible for 8 dwelling units as a density bonus (refer to Appendix "C" in Exhibit E). This density bonus of 1.37 dwelling units per gross acre added to the base density of 3.0 dwelling units per gross acre provides for a gross project density of 4.37 dwelling units per acre. Thc proposed density of the Charlee Estates PUD is 4.37 units per gross acre, which is less than what is provided for in the FLUE Density Rating System. Therefore, the project density of 4.37 d.u.'s per acre is in compliance with the Future Land Use Element of Growth Management Plan based on the preceding criteria. The density is broken down as follows: Base Density - Traffic Congestion Area Deduction - Density Bonus - Total 4.00 d.u.'s -1.00 d.u.'s. 3.00 d.u.'s 1.37 d.u.'s. 4.37 u.p.a. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance. iii JAN 2003 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of th/s Section/s 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 Charlee Estates PUD. 1.2 LEGAL DESCRIPTION A parcel of land lying within Section 12, Township 51 South, Range 26 Hast, Collier County, Florida, being more specifically described as follows: Commence at the intersection of the South line of Section 12, Township 51 South, Range 26 East, Collier County, Florida, with the Southwesterly Right-Of-Way line of State Road No. g90 (U.S. Route 41, Tamiami Trail), for a Point of Beginning; thence run North 54° 21' 00" West, along said southwesterly right-of-way line, a distance of 1000.00 feet; thence nm South 35° 39' 00" West, a distance of 400.00 feet; thence run North 54° 21' 00' West and parallel with said southwesterly right--of-way line, a distance of 500.00 feet; thence nm North 35° 39' 00' East, a distance of 400.00 feet to an intersection with said southwesterly right-of-way line; thence run North 54° 21' 00" West along said southwesterly right-of-way line, a distance of 500.00 feet; thence nm South 35° 39' 00" West, a distance of 1,439.79 feet to an intersection with said south line of Section 12; thence North 89° 54' 00' East along said south line of Section 12, a distance of 2,464.36 feet to the said Point of Beginning. Containing 28.462 acres of land, more or less. 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership of Habitat for Humanity of Collier County, Inc., whose address is 11550 Tamiami Trail East, Naples, Florida 34113 and Stephen Agoston, Trustee, whose address is 8596 Wyatt Road, Broadview Heights, Ohio 44147. Habitat for Humanity of Collier County, Inc. has a contract to purchaser the Agoston property upon approval of the PUD Amendment to add the Agoston property. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA The project site is located in the South 1/2 of Section 12, Township 51 South, Range 26 East, Collier County, Florida. It is situated on the southwest side of Tamiami Trail East, approximately 3 miles east of S.R. 951, immediately across the street from Joseph Lane and adjacent to First Haitian Baptist Mission. The zoning classification of the subject property prior to the date of this approved PUD Document was "PUD"- Planned Unit Development and "A"-Agr/culture. 1.5 PHYSICAL DESCRIPTION The Development property is located in the South half of Section 12, Township 51 South, Range 26 East. The proposed Project site is presently undeveloped, but has been utilized in the past for row-crop agriculture. Historically, timbering and cattle grazing have occurred on the property. The majority of the propetly's jurisdictional wetlands have been infested with the exotic species Melaleuca, Brazilian pepper, and downy rosemyrtle. The property is generally without topographic relief, with elevations ranging from 5.0' to 5.3' above mean sea level. Approximately 33 percent of the site contains areas of jurisdictional wetlands which are characterized as muzsitional wetlands in which the predominant vegetation is a I-1 JAN 2003 mix of pine and cypress and associated upland and wetland plants. The water management system consists of approximately 14:1 acres of open space which will receive runoff from structures, roads and parking areas. Runoff is collected by catch basins and culvert systems for conveyance to water management detention areas for water quality treatment, with the proposed outfall to be at the Project's southwest comer into an existing ditch which connects to the U.S. 41 Swale No. I Ouffall Basin Canal, with ultimate ouffall to Macllvane Bay. The allowable offsite discharge shall be limited to 0.15 cfs/scre per Collier County design criteria for U.S. 41 Swale No.10uffail Basin Canal. The minimum elevation for centerline of road was set for the 2$year year, 3-day storm event, which was found to be 7.70 feet NGVD. The controlled perimeter of the water management system will be maintained at an n elevation of 8.00 NGVD. The mlnimRm floor elevation for buildings was set for the 100 year, 3-day, 0 discharge, storm event which was found to be 8.40 feet NGVD. The entire site is in Flood Zone AE-7 according to Firm Map 120067-620D-1612S. 1.6 PROJECT DESCRIPTION The Charlee Estates PUD shall be a 124 lot detached single-family residential development for low-income families. The developer will provide recreational opportunities on-site to serve the residents of this project only. The recreational opportunities will consist of, but not be limited to, playground equipment and picnic facilities. Access to the property will be from U.S. 41. Each residential unit will be served with centrally provided potable water, sanitary sewer, electric power, and telephone. Additional services will be provided as deemed appropriate. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Charlee Estates Planned Unit Development Ordinance." I-2 JAN 1 h 2003 SECTION H PROJECT DEVELOPMENT REQUIREMENTS 2.1 2.2 Pum, OSE 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 Charlee Estates PUD Development, as well as other Project relationships. GENERAL Regulations for development of the Charlee Estates PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. All conditions imposed and all graphic material presented depicting restrictions for the development of the Charlee Estates PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. Unless modified, waived or otherwise exempted by this PUD, the provisions of all other sections of the Land Development Code, as amended, remain in full force and effect with respect to the development of the land which comprises this PUD. 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 County Land Development Code, at the earliest or next to occur of either Final Site Development Plan, Final Plat approval, or building permit issuance applicable to this Development. 2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS The project Master Plan, including layout of streets and use of land is illustrated graphically by Exhibit "D," PUD Master Plan. There shall be 124 detached single- family residential lots, plus necessary water management areas, street rights-of-way, the general configuration of which is also illustrated by Exhibit "D". TABLE I PROJECT LAND USE TYPE UNITS ACREAGE.-i: RESIDENTIAL 124 28.4 AREA USE PERCENT A.C. Water Management 3.15 11% (Lake Area Only) Open Space (including lakes) 16.75 60% Impervious 14.90 52% II-1 JAN 2003 Areas depicted as "Water Management Area" on the PUD Master Plan may be constructed as wet detention areas for water management purposes. Such areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "D". Minor modifications to the detention areas may be permitted at the time of Preliminary Subdivision Plat or Site Development Plan approval, subject to the provisions of the Collier County Land Development Code or as otherwise permitted by this PUD document. In addition to the various areas and specific items shown on Exhibit "D," such easements as necessary (utility, private, semi-private) shall be established within the development as may be necessary. 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE A maximum of 124 low-income residential single-family dwelling units may be constructed in the total project area. The gross project area is approximately 28.4 acres. The gross Project density, therefore, will be a maximum of 4.37 dwelling units per acre. 2.5 RELATED PRO~IECT PLAN APPROVAL REQUIREMENTS Prior to Final Local Development Order issuance for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to ensure compliance with the PUD Master Plan and the Collier County Land Development Code. Exhibit "D," PUD Master Plan, constitutes the required PUD Development Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. Do The provisions of Division 3.3 of the Collier County Land Development Code, when 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. 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 of a Preliminary Subdivision Plat in conformance with requirements of Division 3.2 of the Collier County Land Development Code prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. Appropriate instruments will be provided at the time of infrastmctural improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. 2.6 uSE OF RIGHTS-OF-WAY All platted project streets shall be public and shall be classified as local streets. Utilization of lands within all project rights-of-way for landscaping may be allowed subject to review and administrative approval by the Collier County Community Development and Environmental Services Administrator, or his designee, prior to installation for engineering and safety considerations. I1-2 JAN 1 2003 2.7 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to the PUD Master Development Plan, Exhibit "D," as provided for in Sections 2.7.3.5. and 2.7.3.5.6 of the Collier County Land Development Code. 2.8 DEDICATION AND MAINTENANCE OF COMMON AREAS & FACILITIES Easements shall be provided for water management areas, rights-of-way, utilities and other purposes as required. All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time of adoption of this Ordinance establishing the Charlee Estates PUD. Whenever the Developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest of all of the subsequent purchasers of residential units or real property within Charlee Estates PUD, the Developer shall provide appropriate legal instruments for the establishment of a property owners' association, or master condominium association, whose function shall include provisions for the perpetual care and maintenance of all common facilities and open spaces, subject funber to the provisions of Section 2.2.20.3.8. of the Collier County Land Development Code. 2.9 FILL STORAGE Fill storage is generally permitted as a principal use throughout the Charlee Estates PUD. Fill material generated may be stockpiled within areas designated for residential development. Prior to stockpiling in these locations, an application for clearing and filling in accordance with Section 3.2.8.3.6. of the Land Development Code, along with plans showing the locations and cross-sections shall be submitted to Collier County Engineering Services for review and approval. The following standards shall apply: A Stockpile maximum side slope: 3:1 B. Stockpile maximum height: Thirty-five (35) feet Fill storage areas shall be screened with a security fence at least six (6) feet in height above ground level. If fill is spread to a height less than four (4) feet over residential development areas, no fencing is required. Soil erosion control shall be provided in accordance with Division 3.7 of the Land Development Code. 2.10 REQUIRED ENVIRONMENTAL PERMITTING Where the development of land within the Charlee Estates PUD requires a permit from a local, State, or Federal agency with jurisdiction over the property proposed for development, the Developer shall obtain such permits prior to f ~al development order approval. 2.11 NATIVE VEGETATION RETENTION REQUIREMENTS The Charlee Estates PUD property lies within the area designated for development pursuant to the 1982 "Deltona Settlement Agreement." The provisions of Section 3.9.5.5. of the Collier County Land Development Code do not apply to the development of this PUD; however, the Developer commits to retaining as much naturally occurring native vegetation as practicable, subject to review and approval by Collier County staff during site plan review. 1I-3 JAN 1 2003 2.12 LINKAGE TO COLLIF~R COUNTY LAND DEVELOPMENT CODE Pursuant to Subsection 2.7.3.3. of the Land Development Code, upon adoption of the PUD Ordinance and attendant PUD Master Plan, the pwvisions of the PUD document become a part of the Land Development Code and shall be the s~ndards of development for the PUD for development issues that are specifically addressed in the PUD document. Thenceforth, development in the area delineated as the PUD District on the Official Zoning Arias will be governed by the adopted development regulations and PUD Master Plan. The LDC, as amended, shall govern all development that is not specifically addressed in the PUD document. JAN ! zl 2003 1I-4 SECTION HI RESIDENTIAL DEVELOPMENT The purpose of this Section is m identify specific development standards for the Charlee Estates PUD and the land uses which may be depicted on the PUD Master Plan, Exhibit "D." 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units allowed within the PUD shall be established at *he time of Development plan review, but shall not exceed 124 dwcRing units. 3.3 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: 1) Single-Family detached dwellings. B. Accessory Uses: 1) Customary accessory uses and structures, including, but not limited to, private garages. 2) Swimming pools with or without screened enclosures. 3) Utility facilities and/or easements (including right-of-way easements). 4) Signage (see Section 5. l0 of this document). 5) Water management facilities. 6) Project recreation facilities. 3.4 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Front yard setbacks shall be measured from the adjacent fight-of-way. Homeowners' association development standards. boundaries shall not be utilized for determining 5,500 square feet (interior lot) 7,250 square feet (comer lot) MINIMUM LOT WIDTH*: 55 feet (interior lot) 72.5 feet (comer lot) MINIMUM LOT DEPTH: 100 feet *Note: Lots located on a cul-de-sac or the radius of a curved street shall have no less than 80% of the required average lot width at the front setback line. JAN 1 2003 MINIMUM YARDS (Principal Structures): Front Yard: 20 feet. Side Yard: 7.5 feet. Side yards which abut the PUD boundaries shall be 15 feet. Rear Yard: 20 feet. Rear yards which abut the PUD boundaries shall be 25 feet. Minimum Distance Between Structures: 15 feet. Minimum Distance Between Principal Structure and Accessory Structure: 10 feel E. MINIMUM YARDS (Accessory Structures): Front Yard: Same as principal structure. Side Yard: Same as principal structure. Rear Yard: Detached: 20 feet. Rear yards which abut the PUD boundaries shall be 25 feet. Attached: 10 feet. Rear yards which abut the PUD boundaries shall be 25 feet. Minimum Distance Between Accessory Structures: 10 feet. F. MINIMUM FLOOR AREA: 1,000 square feet. G. OFF-STREET PARKING AND LOADING REQUIREMENTS As required by Division 2.3 of the Collier County Land Development Code in effect at the time of building permit application. H. MAXIMUM HEIGHT: 20 feet. BI-2 JAN 2003 SECTION IV COMMON AREAS AND RECREATION AREA 4.1 PURPOSE The puqx~ of this Section is to set forth the development standards for the area(s) designed as Common Areas and Recreation Area on the PUD Master Document Plan, Exhibit "D". The primary function and purpose of these areas are to provide aesthetically pleasing open ar~as, landscaping and recreational facilities, except in areas to be used for water impoundment. 4.2 USES PERMI'FFED 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: 1. Lakes and/or Water Management Areas 2. Open Spaces/Nature Preserves 3. Pedestrian and bicycle paths or other similar facilities constructed for purposes of access to or passage through the common areas. 4. Tot Lots - Consisting of playground equipment (i.e., swings, picnic tables, teeter totters, slides, etc.) for children within Charlee Estates. 5. Landscaped Areas for visual enjoyment. 6. Public or private utilities. 4.3 DEVELOPMENT REGULATIONS A. Overall site design shall be harmonious in terms landscaping and treatment of buffer B. Lighting facilities shall be arranged in a manner, which will protect roadways and neighboring properties from direct glare or other interference. C. A site development plan meeting all of the Development Regulations shall be required in accordance with Section 2.5 of this PUD document. SECTION V DEVELOPMENT COMMITMENTS 5.1 5.2 PURPOSE The purpose of this Section is development of the Project. to set forth the development commitments for the GENERAL. All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans (if required), and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of thc Land Development Code, Division 3.2 shall apply to this Project even if the land within the PUD is not to be platted. Thc Developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The Developer, his successor or assignee, shall follow thc Master Development Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title to the Developer is bound by any commitments within this agreement. These commitments may be assigned or delegated to a condominium/ homeowners' association to be created by the Developer. Upon assignment or delegation, thc Developer shall be released from responsibility for thc commitments. 5.3 PUD MASTER DEVELOPMENT PLAN A. Exhibit "D," PUD Master Plan illustrates the proposed Development and is conceptual in nature. Proposed parcel, or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at any time at any subsequent approval phase such as final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all services and all common areas in the Project. 5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. Construction shall commence upon approval of the PUD Master Plan in the year 2003. Approximately 42 + units per year will be constructed. Development shall be completed in the year 2006. B. This PUD is subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code, as it may be amended. C. An annual PUD monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Land Development Code. V-I JAN 2003 5.5 TRANSPORTATION The development of this PUD will be subject to and governed by the following conditions: A. All traffic control devices used must be in accordance with the Standards as adopted by the Florida Department of Transportation (FDOT), as amended, as required by Florida Statutes - Chapter 316 Uniform Traffic Control Law. All traffic speed limit postings must be in accordance with the Speed Zoning Manual as adopted by the Florida DepaCanent of Transportation (FDOT), as amended, as required by Florida Statutes - Chapter 316 Uniform Traffic Conlxol Law. Arterial level street lighting must be provided at all development points of ingress and egress. Said lighting must be in place prior to the issuance of the first permanent Certificate of Occupancy (CO). External and internal improvements determined by Collier County Transportation staff to be essential to the safe ingress and egress to the development will not be considered for impact fee credits. All such improvements will be in place prior to the issuance of the first Certificate of Occupancy (CO). Road Impact Fees will be paid in accordance with Collier County Ordinance 2001-13, as amended, and will be paid at the time building permits are issued, unless otherwise approved by the Collier County Board of Commissioners. Any and all points of ingress andJor egress as shown on any and all plan submittal(s), are conceptual in nature and subject to change as determined by Collier County Transportation staff. The County reserves the fight to modify, or close any ingress and/or egress location(s) determined to have an adverse affect on the health, safety and welfare of the public. These include, but are not limited to, safety concerns, operational circulation issues, roadway capacity problems, etc. Any and all median opening locations must be in accordance ~vith the Collier Countv Access Management Policy, as amended, and Land Development Code (LDC), as amended. Median access and control will remain under Collier County Transportation staff's authority. Collier County Transportation staff reserves the fight to modify or close any median opening(s) determined to have an adverse affect on the health, safety and welfare of the public. These include but are not limited to safety concerns, operational circulation issues, roadway capacity problems, etc. Nothing in any development order will vest the right of access over and above a right in/right out condition. Neither will 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 developer(s), its successor(s) in title, or assignee(s). The development will be designed to promote the safe travel of all users including pedestrians and bicyclists. Pedestrian and bicycle travel ways will be separated from vehicular traffic in accordance with recognized standards and safe practices, as determined by Collier County Transportation staff. The developer(s), its successor(s) in title, or assignee(s), will be responsible for the cost of any and all traffic signal(s), at any and all development entrance(s), when determined warranted and approved by Collier County Transportation staff. When warranted, upon the completion of the installation, inspection, bum-in period, and final approval/acceptance of any and all traffic signal(s), said traffic signal(s) will be turned over (for ownership) to Collier County, and will then be operated and maintained by Collier County Transportation Operations. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and all other neighboring V-2 JAN 1 2003 developer(s)/property owner(s), that directly benefit from said traffic signal(s), will be determined based upon percentage of usage/impact. The developer(s) must provide any and all site related Iransportation improvement(s) including, but not limited to, any and all necessary mm lane(s) improvement(s) at the development entrance(s) prior to the issuance of the first permanent Certificate of Occupancy (CO). Said improvements are considered site related, and therefore, do not qualify for impact fee credits. When said mm lane improvement(s), whether left mm lane(s) and/or fight turn lane(s), are determined to be necessary, right-of-way and/or compensating right-of-way, will be provided in conjunction with said improvement(s), as determined by Collier County Transportation staff. All work within Collier County right-of-way will meet the requirements of Collier County Ordinance No. 93-64. All internal access(es), drive aisle(s), sidewalk(s), etc., not located within County right- of-way, will be privately maintained by an entity created by the developer(s), its successor(s) in title, or assignee(s). Joint/shared access(es) may be required by Collier County Transportation staff, as a condition of site development plan approval. Frontage, midpoint and/or reverse frontage (backside) interconnection(s) may be required by Collier County Transportation staff, as a condition of site development plan approval. Prior to development of any and all portion(s) of any and all development(s), Site Development Plan (SDP) approval must be obtained/received from Collier County Transportation staff. An eight foot wide sidewalk will be constructed along the south side/within the right-of- way of US 41/Tamiami Trail between the east and west points of ingress/egress to the development site and five foot wide intercounections provided to the internal five foot sidewalks of the development site prior to the issuance of the first permanent Certificate of Occupancy (CO). 5.6 WATER MANAGEMENT 5.7 The development of this PUD Master Development Plan shall be subject to and govemed by the following conditions: Detailed paving, grading and site drainage plans, shall be submitted to the South Florida Water Management District (SFWMD) for the 60-day review as prescribed by the 1982 "Deltona Settlement Agreement." UTILITIES The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: Water distribution and sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. V-3 JAN 2003 All customers connecting to the water distribution and sewage collection facilities will be considered to be customers of the County, and will be hilled by the County in accordance with the County's established rates. 5.8 ENVIRONMENTAL The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: Environmental permitting shall be in accordance with the requirements of the U. S. Army Corps of Engineers, the South Florida Water Management District, and the 1982 "Deltona Settlement Agreement," and be subject to review and approval by Current Planning Section Staff. ' The Petitioner shall comply with the guidelines and recommendations of the U. S. Fish and Wildlife Service (USF&WS) and the Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to "listed species." Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Section Staff for review and approval prior to final site plan/construction plan approval. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on thc conservation/preser~,ation areas, shall be submitted to Current Planning Section Staff for review and approval prior to Final Site Plan/Construction Plan approval. The PUD shall be consistent with the environmental sections of the Collier County Growth Management Plan, Conservation and Coastal Management Element and the Collier County Land Development Code in effect at the time of final development order approval. V-4 JAN 1 q 200:3 5.9 ACCESSORY STRUCTURF~ Accessory structures may be constructed simultaneously with, or following the construction of the principal structure. A construction site office may be constructed before any principal structure is constructed in the project. 5.10 SIGNS All signs shall be in accordance with Division 2.5 of Collier County's I.and Development Code. 5.11 LANDSCAPE BUFFERS~ BERMS~ FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use tbaoughout the Charlce Estates PUD. The following standards shall apply: A. Landscape berms shall have the maximum side slopes: 1) Grassed berms 4:1 2) Ground-covered berms 3:1 3) All landscape buffer berrns must provide 5-foot wide, 10:1 level planting area per LDC Section 2.4.7.3.2. Fence or wall maximum height: as permitted in Section 2.6.11 of the Collier County Land Development Code. Pedestrian sidewalks, bike paths and water management facilities may be allowed in landscape buffer areas per LDC Section 2.4.7.4.3. 5.12 POLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code, provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. However, Charlee Estates PUD will not have a conmaunity recreation/public building/public room or similar common facility within the project boundaries; therefore, a polling place is not included as part of the PUD Master Development Plan. V-5 2OO3 ~LOCATiON ,..,.'"'.~ · OCA TION CHARLEE ESTATES PHASE II LOCATION MAP JAN ] 4 2003 Charlee Estates PUDZ-2002-AR-2965 Exhibit A LocaUon Map 2003 PUDZ-2002-AR-2965 Exhibit C AedM ~r.~ Exhibit D. Charlee PUD Master Plan (1 of 20O3 ,/ Charlee Estates PUDZ-2002-AR-2~65 Exhibit D. PUD Master Plan (2 of 2) AGREEMENT AUTHORIZING AFFORDABLE HOUSING.. DENSITY BONUS AND IMPOSING COVENANTS AND. RESTRICTIONS ON REAL PROPERTY THIS AGREEMENT is made as of the ~ day of ,2003, by and between Habitat for Humanity of Collier County, Inc (the "Developer') and the Collier County Board of County Commissioners (the "Commission"), collectively, the "Pa~ies." RECITALS: A. The Developer owns or has under contract to purchase a tract of real property described as (complete legal description) A parcel of land situated in Section. 12, Township 51 South, Ran.qe 26 East Collier County, Florida, and bein.q more specifically described as follows: Commence at the intersection of the South Line of Section 12, Township 51. South, Ran.qe 26 East, Collier County, Florida, with the Southwesterly Ri.qht-of-Way line. of State Road 90 (U.S. Route 41, Tamiami Trail) for a Point of BeRinnin.q, thence run North 54021. 00" West alonq said southwesterly Riqht-of-Wa¥ line, a distance of 1000.00 feet; thence run South 35039' West, a distance of 400.00 feet; thence run North 54021, 00" West and parallel with said southwesterly dRht-of way line, a distance of 500.00 feet; thence run North35°39'00'' East, a distance of 400.00 feet to an intersection with said southwesterly ri.qht-of way line; thence run North 54021. 00" West alonq said southwesterly riRht-of-way line, a distance of 500.00 feet; thence rune South 35°39'00'' West, a distance of 1,439.79 feet to an intersection with said south line of Section 12; thence run North 89054'00'' East alon.q said south line of Section 12, a distance of 2,464.36 feet to the said Point of Beqinninq. Containin.q 28.462 acres of land, more or less. (The "Property") It is the Developer's intent to construct a maximum of 12._.~4 residential units (the "Units") at a density of 4.37 units per gross acre on the Propert/. The gross acreage of Property is 28.46. acres. The number of affordable Units constructed by Developer shall be 124, representing t00 percent of the total number of residential Units in the development. B. In order to construct the Units, the Developer must obtain a density bonus from the Commission for the property as provided for in the Collier County Affordable Housing Density Bonus Ordinance No. 90-89, now codified by Ordinance 93-89, § 3,~ a~s Land Development Code (LDC) § 2.7.7. et seq., which density bonus.can only be Page1 of 21 JAN granted by the Commission and utilized by the Developer in accordance with the strict limitations and applicability of said ProVisions. C. The Commission is willing to grant a density bonus to the Developer authorizing the construction of 39 bonus Units on the Property, if the Developer agrees to construct affordable Units as specified in this Agreement. NOW, THEREFORE, in consideration of the approval and granting of the density bonus of .'1.37 units per acre requested by the Developer and the benefits conferred thereby on the Property, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Developer and the Commission hereby covenant and agree as fellows: 1. Recitals. The above Recitals are true and correct and are incorporated herein by reference. 2. Developer Agreements. The Developer hereby agrees that it shall construct no more than 12a affordable Units which Units shall be sold in accordance with the terms and conditions of this Agreement and as specified by the attached Appendix A, Exhibits A, B, and C, and Appendices B & C, which Appendices are incorporated by reference herein and which constitute a part of this Agreement. a. The following provisions shall be applicable to the affordable Units: (1) Defined terms: In the event of a conflict between terms as defined in the LDC or in Ordinance No. 90-89, Section 4, the definitions of the LDC will control when applying or interpreting this Agreement. In addition to these defined terms and the applicability of LDC § 2.7.7.4.5, "Phasing" shall mean (a) the phased construction of buildings or structures in separate and distinct stages as shown on a PUD master plan, subdivision master plan or site development plan; or (b) in developments where phased construction is not depicted on a PUD master plan, subdivision master plan or site development plan, the construction of buildings or structures in a clearly defined series of starts and finishes that are separate and distinct within the development. (2) Median Income. For the purposes of this Agreement, the median income of the area as defined by the U.S. Department of Housing and Urban Development (HUD) shall be the then current median income for the Naples Metropolitan Statistical Area, established periodically by HUD and published in the Federal Register, as adjusted for family size as shown on the tables attached hereto as Appendix A, Exhibit C, which Exhibit shall be adjusted from time to time in accordance with any adjustments that are authorized by HUD or any successor agency. In the event that HUD ceases to publish an established median income as aforesaid, the Parties hereto shall mutually agree to another reasonable and comparable method of computing adj~nts in -~ JAN 1 median income. (3) Eligibility and Qualification of Occupant. Family income eligibility is a three-step process: 1) submittal of an application by a prospective occupant; 2) verification of family housing unit provided under the affordable housing density bonus program pdor to being qualified at the appropriate level of income (Iow or very Iow income) in accordance with this Section. The Developer shall be responsible for qualifying occupants by acC,~pfing applications from occupants, verifying income and obtaining income certification for all affordable units in the subject development. All applications, forms and other documentation required by this Agreement shall be provided to the Housing and Urban Improvement Department. Qualification by the Developer of any occupant as an eligible occupant family shall be subject to review and approval in accordance with the monitoring and enforcement program created and adopted by Resolution of the Commission in LDC §§ 2.7.7.5. and 2.7.7.6., respectively. (a) Application. A potential owner shall apply to the developer, owner, manager, or agent to qualify as a Iow or very Iow income family for the purpose of owning and occupying an affordable housing unit pursuant to the affordable housing density bonus program. The Preliminary Application for Affordable Housing Unit shall be provided by the Housing and Urban Improvement Department as shown in Appendix B, Exhibit A, attached to this Agreement and incorporated by reference herein. (b) Income Verification and Certification. No affordable housing Unit in the development shall be sold whose household income has not been vedfied and certified in accordance with this Agreement and LDC § 2.7.7.5.2. (c) Income Verification. The Developer shall obtain wdtten verification from the potential occupant (including the entire household) to vedfy all regular sources of income (including the entire household). The most recent year's federal income tax return for the potential occupants (including the entire household) may be used for the purpose of income verification, if attached to the Affordable Housing Applicant Income Verification form, which includes a statement to release information, occupant verification of the retum, and a signature block with the date of application. '~'he verification shall be valid for up to ninety (90) days pdor to occupancy. Upon expiration of the 90 day period, the information may be verbally updated from the original sources for an additional 30 days, provided it has been documented by the person preparing the original verification. After this time, a new verification form must be completed. The Affordable Housing Applicant Income Verification form shall be provided by the Housing and Urban Improvement Department as shown in Appendix B, Exhibit B, ~ch. ed to Page3of21 JAN f this Agreement and incorporated by reference herein. (d) Income Certification. Upon receipt of the Preliminary Application for Affordable Housing Unit and Affordable Housing Applicant Income Verification form, the Developer shall require than an income certification form be executed by the potential occupant (including the entire household) pdor to occupancy of the affordable housing unit by the occupant. Income certification shall assure that the potential occupant has an appropriate household income which qualifies the potential occupant as an eiigible family to occupy an affordable housing unit under the affordable housing density bonus program. The Affordable Housing Applicant Income Certification form shall be provided by the Housing and Urban Improvement Department as shown in Appendix B, Exhibit C, and is attached to this Agreement and is incorporated by reference herein. Random inspection of files containing required documentation to vedfy occupancy in accordance with this Agreement and LDC § 2.7.7., may be conducted by the Housing and Urban Improvement Department upon reasonable notice. (4) Annual Progress and Monitoring Report. The Developer shall provide the Housing and Urban Improvement Department an annual progress and monitoring report regarding the delivery of affordable housing units throughout the period of their construction and occupancy. The annual progress and monitoring report shall, at a minimum, provide any information reasonably required to insure compliance with LDC § 2.7.7., or subsequent amendments thereto. The report shall be filed on or before September 30 of each year and the report shall be submitted by the Developer to the Housing and Urban Improvement Department. Failure to complete and submit the monitoring report to the Housing and Urban Improvement Department within sixty (60) days from the due date shall result in a penalty of up to fifty dollars ($50.00) per day unless a wdtten extension not to exceed thirty (30) days is requested pdor to expiration of the sixty (60) day submission deadline. No more than one such extension may be granted in a single year. (5) Occupancy Restrictions. No Affordable Unit in any building or structure on the Property shall be occupied by the Developer, any person related to or affiliated with the Developer, or by a resident manager. 3. Density Bonus. The Commission hereby acknowledges that the Developer has met all required conditions to qualify for a density bonus, in addition to the base residential density of 3.__~0 units per acre, and is therefore granted a density bonus of 1.37 density bonus units per acre, for a total (total = density bonus units per acre X gross acreage) of 3_.~9 density bonus units, pursuant to LDC § 2.7.7.. The Commission further agrees that the Developer may construct thereon, .in the ~,~regate oLj P e4o, JAN 2003 a maximum number of 124 units on the Property provided the Developer is able to secure building permit(s) from Collier County. 4. Commission Agreement. During the term of this Agreement, the Commission acting through the Housing and Urban Improvement Department or its successor(s) covenants and agrees to prepare and make available to the Developer any general information that it possesses regarding income limitations and restrictions which are applicable to the affordable Unit. 5. Violations and Enfomement a. Violations. It shall be a violation of this Agreement and LDC § 2.7.7. to sell or occupy, or attempt to sell or occupy, an affordable housing unit provided under the affordable housing density bonus program except as specifically permitted by the terms of this Agreement; or to knowingly give false or misleading information with respect to any information required or requested by the Housing and Urban Improvement Department or by any other pemons pursuant to the authority which is delegated to them by LDC § 2.7.7.. Collier County or its designee shall have full power to enforce the terms of this Agreement. The method of enforcement for a breach or violation of this Agreement shall be at the option of the Commission by criminal enforcement pursuant to the provisions of Section 125.69, Florida Statutes, or by civil enforcement as allowed by law. b. Notice of Violation for Code Enforcement Board Proceedings. Whenever it is determined that there is a violation of this Agreement or of LDC § 2.7.7., that should be enforced before the Code Enforcement Board, then a Notice of Vio!ation shall be issued and sent by the appropriate department by certified return-receipt requested U.S. Mail, or hand-delivery to the person or developer in violation. The Notice of Violation shall comply with the requirements for such Notices. c. Certificate of Occupancy. In the event that the Developer fails to maintain the affordable units in accordance with this Agreement or LDC § 2.7.7., as amended, at the option of the Commission, building permits or certificates of occupancy, as applicable, may be withheld for any future planned or otherwise approved unit located or to be located upon the Property until the entire project is in full compliance with this Agreement and with LDC § 2.7.7., as amended. 6. Assignment by Commission. The Commission may assign all or part of its obligations under this Agreement to any other public agency having jurisdiction over the Property provided that it gives the Developer thirty (30) days advance written notice thereof. The Developer may not assign, delegate or otherwise transfer all or part of its duties, obligations, or promises under this Agreement to any successor in intere(~o the JAN 1 21)03 Property without the express written consent of the Commission, which consent may be withheld for any reason whatsoever. Any attempt to assign the duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission as required by this Section shall be void ab initio. 7. Severability. If any section, phrase, sentence or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiCtion, such portion shall be deemed a separate, distinct, and independent provision, and all other provisions shall remain effective and binding on the Parties. 8. Notice. Any notices desired or required to be given under this Agreement shall be in writing and shall either be personally delivered or shall be sent by mail, postage prepaid, to the Parties at the following addresses: To the Commission: Housing & Urban Improvement Dept. 2800 North Horseshoe Drive Naples, Florida 34104 To the Developer: Habitat for Humanity of Collier County~ Inc 11550 East Tamiami Trail Naples~ Florida 34113 Any Party may change the address to which notices are to be sent by notifying the other Party of such new address in the manner set forth above. 9. Authority to Monitor. The Parties hereto acknowledge that the Collier County Housing and Urban Improvement Department or its designee, shall have the authority to monitor and enforce the Developer's obligations hereunder. 10. Indemnify. The Developer hereby agrees to protect, defend, indemnify and hold Collier County and its officers, employees, and agents harmless from and against any and all claims, penalties, damages, losses and expenses, professional fees, including, without limitation, reasonable attomey's fees and all costs of litigation and judgments adsing out of any claim, willful misconduct or negligent act, error or omission, or liability of any kind made by Developer, its agents or employees, adsing out of or incidental to the performance of this Agreement. 11. Covenants. The Developer agrees that all of its obligations hereunder shall constitute covenants, restrictions, and conditions which shall run with the land and shall be binding upon the Property and against every person then having any ownership interest at any time and from time to time until this Agreement is terminated in accordance with Section 14 below. However, the Parties agree that if Developer transfers or conveys the Property to another person or entity, Developer shall .h~ no Page6 of 21 JAN ! ~ 2003 further obligation hereunder and any person seeking to enfome the terms hereof shall look solely to Developer's successor in interest for the performance of said obligations. 12. Recording. This Agreement shall be recorded at Developer's expense in the official records of Collier County, Flodda. 13. Entire Agreement. The Parties hereto agree that this Agreement constitutes the entire Agreement between the Parties hereto and shall inure to and be binding upon their respective heirs, successors, and assigns, i 14. Termination, Each affordable housing unit shall be restricted to remain and be maintained as the required affordable housing unit designated in accordance with this Agreement for at least fifteen (15) years from the date of issuance of a Certificate of Occupancy for such unit. After fifteen (15) years this Agreement may terminate upon a date mutually agreed upon by the Parties and stated in wdting. The initial sales price and any subsequent sales pdce within these fifteen (15) years for any affordable housing unit may not exceed the maximum home sales pdce set by the Florida Housing Finance Corporation and adopted by the Collier County Board of County Commissioners in the Collier County Local Housing Assistance Plan. 15. Modification. This Agreement can only be modified or amended by the written agreement of both Parties. 16. Discrimination. a. The Developer agrees that neither it nor its agents shall discriminate against any owner or potential owner because of said owners race, color, religion, sex, national origin, familial status, or handicap. b. When the Developer advertises, sells or maintains the affordable housing unit, it must advertise sell, and maintain the same in a non-discriminatory manner and shall make available any relevant information to any person who is interested in purchasing such affordable housing unit. c. The Developer agrees to be responsible for payment of any real estate commissions and fees assessed in the purchase of affordable units. e. The affordable housing units shall be intermixed with, and not segregated from, the market rate dwelling units in the development. f. The square footage, construction and design of the affordable housing units shall be the same as market rate dwelling units in the development. All physical amenities in the dwelling units, as described in item number seven (7) of the Developer Application for Affordable Housing Density Bonus shall be the same for market rate units and affordable units. For developments where construction takes place in more than one phase, all physical amenities as described in item r~b_er JAN ! 2003 Page 7 of 21 ~ seven (7) of the Developer Application for Affordable Housing Density Bonus shall be the same in both the market rate units and the affordable units in each phase. Units in a subsequent phase may contain different amenities than units in a previous phase so long as the amenities for market rate units and affordable units are the same within each phase and provided that in no event may a market rate unit or affordable unit in any phase contain physical amenities less than those described in the Developer Application. i 17. Phasing. The percentage of affordable housing units to which the Developer has committed for the total development shall be maintained in each phase and shall be constructed as part of each phase of the development on the Property. Developer commits to 100-percent affordable housing units for this project, with 100- percent of the units in each phase as built consisting of affordable units. 18. Disclosure. The developer shall not disclose to persons, other than the potential buyer or lender of the particular affordable housing unit or units, which units in the development are designated as affordable housing units. 19. Consistency. This Agreement and authorized development shall be consistent with the Growth Management Plan and land development regulations of Collier County that are in effect at the time of development. Subsequently adopted laws and policies shall apply to this Agreement and to the development to the extent that they are not in conflict with the number, type of affordable housing units and the amount of affordable housing density bonus approved for the development. 20. Affordable Housing Density Bonus Development Agreement. This Agreement is a distinct and separate agreement from "development agreements" as defined by Section 163.3220, Fla. Stat., as amended. 21. Preapplication. Developer has executed and submitted to the Development Services Department the Developer Application for Affordable housing Density Bonus, a copy of which is attached to this Agreement as Appendix C and incorporated by reference herein. 22. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 23. Further Assurances. The Parties hereto shall execute and deliver, in recordable form if necessary, any and all documents, certificates, instruments, and agreements which may be reasonably required in order to effectuate the intent of the Agreement. Such documents shall include but not be limited to any document requested by the Developer to exhibit that this Agreement has terminated in accordance with the provisions of paragraph 14 above, ~-~ Page8of21 JAN I IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~ .(~~..oved as to form and legal sufficiency: Patrick G. White Assistant County Attorney Chairman Page 9 of 21 JAN DEVELOPER: Habitat for H~~~ier County, Inc. Witnesses: (PRINT AND/S)IGN NAMES BELOW) WTS. 1-Prin~d name , WiS. 2-Printed name / STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing Covenants And Restrictions On Real Property was acknowledged before me by Dr. Samuel J. Durso, M.D. WITNESS my hand and official seal this-~M&- day of ,~I~UPd-~,~ , 2003. -Ne~a~ ~ub~ ' My Commission Expires: Page 10 of 21 JAN 1 2003 APPENDIX A~ EXHIBIT A NUMBER OF AFFORDABLE HOUSING UNITS/MONTHLY BASE RENTS NUMBER OF UNITS BASE RENT Single Multi Single Multi Family Family Family Family LOW INCOME (60% MO Efficiency I Bedroom 3 Bedroom 124 n/~a 4 Bedroom TOTAL 124 N/A VERY LOW INCOME (50% MI) Efficiency 1 Bedroom 2 Bedroom 3 B~koom 4 Bedroom TOTAL VERY LOW INCOME (25%-50% MI) N/A Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL (1) Base residential density allowed in this development 3.0 units/acre. (2) Gross acreage 28.46. (3) Maxirr Jm number of affordable housing density bonus units allowed in this development pursuant to LDC § 2.7.7. is 1.37 units/acres. (4) Gross residential density of this development (including affordable housing density bonus units) 4.37 units/acre. (5) Percentage of affordable units pledged by the developer (as a percent of the total number units in the development) _100, %. (6) The initial sales pdce and any subsequent sales pdce within these fifteen (15) years for any affordable housing unit may not exceed the maximum home sales price set by the Florida Housing Finance Corporation and adopted by the Collier County Board of County Commissioners in the Collier County Local Housing Assistance Plan. JAN 1 2003 .,APPENDIX A~ EX]]IRIT B ,AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEI~! LDC § 2.7.7.3., provides for calculation of a density bonus for developers pledging to construct affordable units within their development. Included in this Exhibit B are instructions for and the tables with which to calculate the density bonus for a particular project. Exhibit C contains the current median income and acceptable rents for low and very low income households in Collier County. Thc affordable housing density bonus rating system shall be used to determine the amount of the affordable housing density bonus which may be granted for a development based on' household income level, number of bedrooms per affordable housing unit, type of affordable housing units (owner-eccupied or rental, single-family or multi-family) and percentage of affordable housing units in the development. To use the affordable housing density bonus rating system, Tables A and B, below, shall be used. Tables A and B shall be reviewed and updated if necessary on an annual basis by the Board of County Commissioners or its designee. First, choose the household income level (moderate, low, or very low) of the affordable housing umt(s) proposed in the development, and the type of affordable housing units (owner-occupied or rental, single-family or multi-family, where applicable) to be provided, as shown in Table A. Then, referring again to Table A, choose the number of bedrooms proposed for the affordable housing unit(s). An affordable housing density bonus rating based on the household income level and the number of bedrooms is shown in Table A. After the affordable housing density bonus rating has been determined in Table A, locate it in Table B, and determine the percent of that type of affordable housing unit proposed in the development compared to the total number of dwelling units in the development. From this determination, Table B will indicate the maximum number of residential dwelling units per gross acre that may be added to the base density. These additional residential dwelling units per gross acre are the maximum affordable housing density bonus (AHDB) available to that development. Developments with percentages of affordable housing units which fall in between the percentages shown on Table B shall receive an affordable housing density bonus equal the lower of the two percentages it lies between plus 1/10th of a residential dwelling unit per gross acre for each additional percentage of affordable housing rental units in the development. For example, a development which has 24% of its total residential dwelling units as affordable housing units, and which has an affordable housing density bonus rating of "four" will receive an affordable housing density bonus (AHDB) of 4.4 residential dwelling units per gross acre for the development. Where more than one type of affordable housing unit (based on level of income and number of bedrooms shown in Table A) is proposed for a development, the affordable housing density bonus for each type shall be calculated separately in Table B. After the affordable housing density bonus calculations for each type of affordable housing unit have been completed in Table B, the affordable housing density bonus for each type of unit shall be added to those for the other type(s) to determine the maximum affordable housing density bonus available for the development. In no event shall the affordable housing density bonus exceed eight (8) dwelling units per gross acre. Page 12 of 21 JAN 2OO3 APPENDIX A~ EXIHRIT R AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM Please calculate your density bonus in the space provided below. Attach additional pages ff necessary. TABLE A: AFFORDABLE HOUSING DENSITY BONUS RATING LEVEL ..NUMBER OF BEDROOMS/UNIT OF HOUSEHOLD INCOME EFFICIENCY 2 3 OR AND 1 MORE MODERATE (OWNER-OCCUPIED, SINGLE-FAMILY) 0 1' 1' LOW (OWNER-OCCUPIED OR RENTAL SINGLE-FAMILY OR MULTI- FAMILY) 2 3 4 VERY LOW (OWNER OCCUPIED OR RENTAL, SINGLE-FAMILY OR MULTI-FAMILY) 3 4 5 *For cluster housing developments in the Urban Coastal Fringe, add 1 density bonus to obtain 2. TABLE B: AFFORDABLE HOUSING DENSITY BONUS (ADDITIONAL AVAILABLE DWELLING UNITS PER GROSS ACRE) AFFORDABLE HOUSING DENSITY BONUS RATLNG % OF AFFORDABLE HOUSING UNITS 10% 20% 30% 40% 1 0 0 1 2 2 0 1 2 3 3 2 3 4 5 4 3 4 5 7 5 4 5 7 8 Page 13 of 21 JAN 1 2003 APPENDIX ,% EXHIBIT C INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME. Pursuant to the Impact Fee Ordinances, adopted by the Board of County Commissioners, December 16, 1992, moderate income is 61% to 80% of the median income, low income is 51% to 60% of the median income and very Iow income is less than 50% of the median income. $65,000 MEDIAN INCOME 2001 Naples, MSA (Collier County) NUMBER OF MEMBERS IN FAMILY 100% 45,500 52,000 58,500 65,000 70,200 75,400 80,600 85,800 80% 36,400 41,600 46,800 52,000 56,150 60,300 64,500 68,650 60% 27,300 31,200 35,100 39,000 42,100 45,200 48,400 51,500 50% 22,750 26,000 29,250 32,500 35,100 37,700 40,300 42,900 35% 15,925 18,200 20,475 22,750 24,570 26,390 28,210 30,030 25% 11,375 13,000 14,625 16,250 17,550 18,850 20,150 21,450 RECOMMENDED RENTAL RATES The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment Incentive Loan (SAIL) and the Low-Income Rental Housing Tax Credit (LIHTC) programs. The rents given below are based on 2001 data fi.om FI-IFC. Utility costs are provided fi.om the County's Section 8 Rental Assistance Program which is administered by the Collier County Housing Authority. HOUSING COSTS BASED ON 30% FAMILY INCOME ONE BEDROOM TWO BEDROOMTHREE BEDROOMFOUR BEDROOM UNIT UNIT UNIT UNIT 100% 1,218 1,462 1,690 1,884 80% 975 1,170 1,351 1,507 60% 731 877 1,014 1,131 50% 609 731 845 942 35% 426 511 591 659 25% 304 365 422 471 UTILITY ALLOWANCES ONE BfR TWO BfR THREE B/R FOUR B/R LOCATION UNIT UNIT UNIT UNIT Naples and Coastal Collier County 71.00 91.00 128.30 156.00 Immokalee and East of Everglades Blvd. 67.00 106.00 148.00 173.00 Golden Gate 96.00 144.00 186.00 211.00 YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS. f/densitybonus/mc&rent rev. 4/01 Page 14 of 21 JAN APPENDIX B~ EXHIBIT A PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT Date Occupancy Desired: __ Your Name: Co-Tenant Name Present Address: Date of Application:__ Amt. Of Sec. Deposit: Race/National Origin: Handicap: Yes No __ Race/National Origin: Handicap: Yes No Name of Landlord Landlord's Address: Street City State Zip Telephone No. How Long at this Address: Street City State Zip Telephone No. ffyou have resided at your present address less than 3 years, please state previous address: Street City State Zip Telephone No. Name of Previous Landlord Street City State Zip Telephone No. APPLICANT: Present Employers Name Address and Telephone No. How long with Present Employer: Job Title Gross Salary: Hourly $ Social Security Number Previous Employers Name Weekly $ __ Every 2 Weeks $__ Birth Date Monthly $__ Address and Telephone No. How long with Previous Employer CO-TENANT: Present Employers Name Job Title Address and Telephone No. How long with Present Employer: Gross Salary: Hourly $.__ Social Security Number Previous Employers Name Address and Telephone No. How long with Previous Employer Weekly $__ Job Title Every 2 Weeks $ Birth Date __ Monthly $ Job Title Page 15 of 21 NAMES OF ALL wHO WILL ~CUPY APARTMENT BIRTH DATE, SEX AGE ~ 1. PERSONAL REFERENCES (Not Relatives) 1. Name: Address: 2. Name: Address: How Long Known:__ How Long Known:__ Page 16 of 21 JAN 1 ~t 2S33 APPENDIX IL EXHIBIT B AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION Date: Applicant's Name: Social Security Number Co-Tenant's Name:: Social Security Number Present Address: Street City State Zip Telephone No. I hereby make application for a single family unit at t I hereby declare and reveal all of my sources of income. I am aware that to leave out, omit or fail to report my assets or forms of income from pensions, stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable by law. Knowingly falsifying information on this form is cause for refusal of occupancy. I hereby certify that this will be my permanent residence and that I have no other assisted housing. I understand that this information is for the purpose of computing my annual income to determine my qualification to buy an affordable housing unit. I understand that I am not required to surrender my ownership or rights or claimed property, pensions or capital gains, etc. Applicant Co-Occupant Amount Frequency Amount Frequency Received of Pay Received of Pay Wages/Salary $ $__ $ $__ Bonuses $ $ $ $ Tips $ $__ $__ $__ Commissions $ $ $ $ Interest Income $ $ $ $ Trust Fund Income $ $ $ $ Unemployment $ $ $__ $__ Workman's Compensation $__ $ $__ $__ Welfare $ $ $ $ Food Stamps $ $ $__ $__ Social Security $__ $ $__ $__ Social Security Disability $__ $ $__ $__ Supplemental SSI $__ $ $__ $__ Family Assistance $__ $ $__ $__ Child Support $__ $ $__ $ Veterans Benefits $ $ $ $ Widows Benefits $ $ $ $ Union Pension $ $ $ $ Self-Employment Business, Silent Partner, etc. $ $__ $ $__ Private Insurance Pension $ $ $ $ TOTAL ANNUAL INCOME $ $ THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE UNIT. THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO CONTRIBU'I~D TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY IN AFFORDABLE HOUSING UNIT. Page 17 of 21 JAN 1 ,..,APPENDIX B~ EXHIBIT C AFFORDABLE HOUSING APPLICANT INCOME CERTIFICATION APPLICANT: Present Employer: Job Title: Address: Street I, (Applicant) on this certification form. City State Zipt , hereby authorize the release of information requested STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by Wimess my hand and official seal this Signature of Applicant ~day of ,2003. My Commission Expires: Notary Public EMPLOYER CERTIFICATION Applicant's Gross Annual Income or Rate or Pay: $ Number of Hours Worked (Weekly): Frequency of Pay: Amount of Bonuses, Tips, or other Compensation Received: $ Monthly Annually STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by Witness my hand and official seal this day of Supervisor · 2003. My Commission Expires: Notary Public TI-iE CERTIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY TI~ AFFORDABLE UNIT. JAN 1 APPENDIX C DEVELOPER APPLICATION FOR AFFORDABLE HOUSING DENSITY BONUS Pursuant to LDC § 2.7.7.2.4., please complete this form and submit it with any accompanying documentation to the Community Development & Environmental Services Division, 2800 North Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to the Housing and Urban Improvement Department. All items requested must be provided. 1. Please state what zoning districts are proposed by the applicant, if any, on the property and the acreage of each; PUD, Planned Unit Development (Charlee Estates) 28.46 acres 2. Has an application for rezoning been requested in conjunction with the affordable housing Density bonus? X Yes No If yes, state date of application 08-09-2002 and if the request has been approved, state the Ordinance number 3. Gross density of the proposed development. 4.37 units/acre. Gross acreage of the proposed development. 28.46 acres. 4. Are affordable housing density bonus units sought in conjunction with an application for a planned unit development (PUD)? X Yes __ No. If yes, please state name and location of the PUD and any other identifying information. Charlee Estates PUD, located in the South half of Section 12, Township 51 South, Range 26 East, Collier County, FL. Proiect formerly known as Habitat Place. Name of applicant Habitat for Humanity of Collier County, Inc. Name of land developer if not the same as Applicant: same Please complete the following tables as they apply to the proposed development. Page 19 of 21 JAN 1 q 2003 TABLE I Type of Unit Efficiency One Bedroom Two Bedroom Three Bedroom Other Bedroom TOTAL TABLE H MODERATE INCOME Efficiency I Bedroom 2 Bedroom 3 Bedroom Other TOTAL LOW INCOME Efficiency 1 Bedroom 2 Bedroom 3 Bedroom TOTAL _T. oral Number of Units in Developmen! Rental ~ 124 Number of Affordable Hotminoo Unit~ Total Number of Affordable Units in Development Proposed Use for Density Bonus Units Owner Owner Rental ~Occupied Rental Occupied ;24 3._~ 124 39 Total Number of Proposed Use for Page 20 of 21 JAN ! 2003 VERY LOW INCOME Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL Affordable Units Density Bonus in Development Units Rental Owner Rental Owner Occupied Occupied 7. Please provide a physical description of the affordable units by type of unit (moderate, low, very low income) and by number of bedrooms. Include in your description, for example, the square footage of each type of umt, floor covetings used throughout the unit (carpeting, tile, vinyl flooring); window treatments; appliances provided such as washer/dryer, dishwasher, stove, refrigerator; bathroom amenities, such as ceiling exhaust fans; and any other amenities as applicable. Attach additional pages. Habitat for Humanity of Collier County, Inc. builds only style house. The house is 28 feet deep by 38 feet wide with no garage or carport. The houses are for very low income families only. There are three bedrooms and one bathroom. The bathroom has two sinks, one toilet, one tub, on~ medicine cabinet and two towel racks. The units have central air conditioning and one ceiling fan in the living room. They are well insulated with RI9 ceilings and RII walls. There is vinyl tile floor covetings throughout. Habitat provides the homes with brand new WhirlpoolTM refrigerator, stove, washer and dryer. LevelorTM blinds are standard in the bedrooms and bathroom. The houses are wood frame construction and vinyl siding. 8. Please supply any other information which would reasonably be needed to address this request for an affordable housing density bonus for this development. Attach additional pages. Page 21 of 21 JAN 1 2I [B EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE COMMUNITY CHARACTER/SMART GROWTH ADVISORY COMMITTEE OBJECTIVE: To appoint 4 members to the Community Character/Smart Growth Advisory Committee. CONSIDERATIONS: The Community Character/Smart Growth Advisory Committee was established on June 26, 2001 by Ordinance No. 2001-41 to assist staffwith the implementation of the Community Character Plan through amendments to the Collier County's Growth Management Plan, Land Development Code and other smart growth concepts. This committee shall consist of 1 County Commissioner and 12 members fi.om a broad base of citizens and disciplines including 2 development representatives or experts in the fields of architecture, landscape architecture,, land use or transportation planning, 2 environmental representatives, 8 community leaders (civic, homeowner associations, presidents and directors with interest or expertise in the fields of architecture, landscape architecture, land use or transportation planning) or citizens. A list of the em'rent membership is included in the backup. Resignations were received from Sally Barker, Samuel V. Noe, Kathy Prosser and James T. Rideoutte. A press release was issued and resumes were received t}om the following 4 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Robert Murray Economic Development/Civic Activist 1 Yes None Dwight E. Richardson Civic Activist 2 Yes CCPC Gary A. Davis Environmentalist 4 Yes None Susan McCampbell Citizen/Urban Planner 3 Yes None COMMITTEE RECOMMENDATION: Robert P. Murray Dwight E. Richardson Gary A. Davis Susan W. McCampbell FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 4 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commi~ioners Agenda Date: JANUARY 14, 2003 JAN 1~ 2003 / Smart Growth Advisory Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. IL Bruce Anderson 597-2814 1670 Crayton Road Naples, FL 34102 District: 4 Category: Development Representative Ms. Sally Barker ¢~ $t~3r'e~' 141 West Avenue I~''~'~'°''~' 597-1445 Naples, FL 34108 District: 2 Category: Transportation/Community 09/11/01 09/11/01 Mr. Michael R. Bauer 109 Debron Drive Naples, FL 34112 District: 1 Category: Environmental/Land Use 348-9151 09/11/01 530-0061 Ms. Ellin Goetz 439 3rd Avenue, North Naples, FL 34102 District: 4 Category: Architecture/Urban & RuralDesign & La ~ 09/11/01 Mr. James I. Lucas 2671 Citrus Lake Drive, #201 Naples, FL 34109 District: 3 Category: Community Leadership 591-8850 09/11/01 Mr. Mark B. Morton 403-6725 2233 Clipper Way 643-7781 Naples, FL 34104 District: 4 Category: Development Representative 09/11/01 06/26/03 06/26~3 06/26~3 06/26/03 06~6~3 06~6~3 Frhtay, SeptenOer ]4, Page I of 3 2 Years 2 Years 2 Ye~s 2 Years 2 Years 2 Years AC~d~DA JAN Smart Growth Advisory Committee S~e Mr. Samuel V. Noe 4451 GuE S~m B~d., N. ~5 Napk~ ~ 34103 D~: 4 ~o~: U~ & Rural ~c~d U~ Work Phone Appt'd Exp. Date Term Home Phone DateRemppt 2ndF_.xpDate 2nd Term 659-1013 Ms. Patricia Pochopin 774-8333 4516 Parrot Avenue 643-7~80 Naples, FL 34104 District: 3 Category: Community Lea~dership Ms. Kathy Prosser ~v 3 il., 262-0304 4757 Cerromar Drive Naples, FL 34112 District: 1 Category: Environmental Representative Mr. James T. Rideoutte 4~M-7~40 1125 Wildwood Lane 649-7926 Naples, FL 34105 District: 4 Category: Community Leadership Mr. Gordon R. Watson 2621 Windward Way Naples, FL 34103 District: 4 Category: Community Leadership 435-9495 4.34-5523 Mr. William V. West, Jr. 57C 3 Drummond Way Naples, FL 34119 ~: 3 Category: Community Leadership 254-7744 513-0941 09111/01 09/11/01 09/11/01 09/11/01 09/11/01 09/11/01 O6/26/O3 06/26/03 06/26~3 06/26~3 06/26/03 06/26~3 2 Years 2 Years 2 Years 2 Years 2 Years 2 Years Friday, September 14, 2001 Page 2 of 3 Smart Growth Advisory Committee Name Work Phone Appt'd Ex~ Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Tom Hennlng 3301 E. Tamiami Trail Naples, FL 34112 District: 3 Category: Commissioner 774-8393 09/I1/01 06/26/03 2 Years This 12 member, plus I Commissioner committee was established on June 26, 2001 by Ordinance No. 2001-41 to assist staff with the implementation of the Community Character Plan through amendments to the Collier County's Grmu~ Management Plan, Land Development Code and other ~rnart growth concepts. The members ~11 be selected from a broad base of citizens and disciplines including 2 development representative or experts in the fields of architecture, landscape architecture, land use or transportation planning, 2 environmental representatives, 8 community leaders (c'wic, homeowner associations, presidents and directors with interest or expertise in the f'~lds of architecture, landscape architecture, land use or transportation planning) or citizens. Friday, September 14, 2001 Page 3 of 3 December 12, 2002 Ms. Sue Filson Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 SUBJECT: Community Character/Smart Growth Advisory Committee Dear Ms. Filson: At the December 11 t~, 2002 Community Character/Smart Growth Advisory Committee meeting, the committee discussed and voted on its' recommendations to the BCC for new members. Please be advised, it came to our attention that the committee has not 3, but 4 member openings, as previously advertised. The following members have recently resigned: Jim Rideoutte, Sally Barker, Samuel Noe, and Kathy Prosser. The committee would like to recommend that the Board of County Commissioners appoint all 4 applicants as new committee members to fill the required vacancies. The applicants are, with respective categories: 1. Robert Murray - 2. Dwight Richardson - 3. Gary Davis - 4. Susan McCampbell - Economic Development/Civic Activist Civic Activist Environmentalist Citizen/Urban Planner Thank you for your assistance in this matter. Sincerely, Commissione~ Board of County Commis'sSoners BCC Liaison to CCSGAC TH:mst MEMORANDUM DATE: November 22, 2002 TO: FROM: Elections Office e~ Sue Filson, Executive Manag Board of County Commissionel;r~- RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following inch'vidu_a!s for appointmem to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. SMART GROWTH ADVISORY COMMITTEE Robert P. Murray 9087-1 Michael Circle Naples, FL 34113 Dwight E. Richardson 725 1014 Avenue, N. Naples, FL 34108 Gary A. Davis 2201 Forrest Lane Naples, FL 34102 Susan W. McCampbell 1880 Crestwiew Way Naples, FL 34119 Thank you for your help. COMMISSION DISTRICT MEMORANDUM DATE: TO: FROM: November 22, 2002 Start Litsinger, Comprehensive Planning Manager Sue Filson, Executive Manage~ Board of County Commissiont~.' ~ Smart Growth Advisory Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideratiom I have attached the resumes received for your review as follows: Robert P. Murray 9087-1 Michael Circle Naples, FL 34113 Dwight E. Richardson 725 101~t Avenue, N. Naples, FL 34108 Gary A. Davis 2201 Forrest Lane Naples, FL 34102 Susan W. McCampbell 1880 Crestx4ew Way Naples, FL 34119 Please let me know, in writing, the recommendation for appointmem of the advisory committee within the 41 day time-flame, and I will prepare an executive summary for the Board's consideratiom Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments i 2003 q .Collier County Home i BCC I Application for Aclvisory Comm~/Boards Page :t of ! Board of County Commissioners 3301 East Tamiami Trail Naples, FL H112 ,. Fax: (239) 774-3602 Application for Advisory Committee/Boards Name- ~'~0 b~' C / NZ=~' & a c/ Home Phone: ~. qq'~ Home'Add~s: ~/ ~/C~[ ~/~ Zi~.C~e: ~/~/~___ F~ No / ~/~ Busings Phone: / e-m~ ~ar~s: ~~~. . · -- , . , Butanes: ~ ~~ ~ ; Exmp~: ~~n ~ ~b~r, en~en~ lay ~ e~ A~ you a ~~ your ~ Collier Count: Yes ~~o Do you cu~enfly hold public office ? Y~ No / H~ w~t h ~at o~e ? Do you now serve, or have you ever served, on a Collier County board or Committee? If yes, please list the committees/boards: Yes Please list your communi~ activities (ciyic clubs, neigh_boorhood associations, etc.) and - / - '/ '~" .-.- / . hUp : l l co,collier.fl.us/ bcc/ advisory% 20aPplication.htm PIm~se attach any a_~tianal informati~ you feel tnrtinent This application simuM be farwarded to ~ Manager to the Board of County Commissione. r~ 3301 East Tamiami Trail, Naple~, FL 34112. If you apph'cation to (941) 774-3602 or e-mail to suefilson .~colliergov. net. Thank you for volunteering to serve c~. JAN t~ ~:~o Return to Top Print this Page Collier Coun Ho~l~' ~ 1z/20/2002 11/19/2002 81:38 "1 1-941-594-5341 STATHATOS/RIC~]~ PAGE: 7"/4-1897 Fax, (239) 774-~4Z Application for Advisory Committee/BO~Fds your eammunW; ncti~tju (ctvJc eh,h, nef~hboorhood smochtiom, e~c.) and IMdfiom beM: Exp,rb.~ Name o! Spouse: Angela O. (Stathatos) Richardson Kh'n l:llct'tard~n, Jordan alley, egon Marceline Hiah SchoOl, Marceline, Mis~o_ ud (1.9r:~_.). (1956) p~ ~jl~ MI:3~ (1976) Japan, North Caroi~a. · .n,=,.,,,,~ ,,..-. '""-- ~.,.,p~ u,:~,,~ ,--.- ill:ion Sy~ems Tot ran~ "~""'~ ""--":"'" tls at the · Business i~o~m~ ne~atio deveioPl~ · - an er(4th level?o~ Intercom me a Divimon M ag . · mPa~Ythe telephone and emuse. Beca . siblefor ntplanmng . ent$ tn 1976 r n )ot ann for the · ) · -,.-, . _ divestiture ( Director of Marketing-~ 'lities ust of 1983. Became · 420 selling [;ommunication~.. ~n~_...,.,,, carrier& Atlnetlmeof reti~,,ant in April 987 ,nd services lo tile om~. w,,,,-.,,, ~____ ... AT&T of $1.2 Billion. ~'~sible for an annual revenue sa'earn ~ ~ ,~ 1968-70 presk:lent o~ ru,~x ~-- ..... N.J. 1970-73 Member of EnvironmentaJ Commission-Middletown, 1977-80 Boan:l of ulrec~orm 1979-82 Board of Directors Communtty Services for tt~e Hand_icaPp~.. 1985-87 Member of Somerset County (N.J.) Development (.;ounc, 19~7-1"J~Z uu=,.u.. ,.,, ~ ,- Or$"'"'""Nskol9$-'~ - Corlcefl. Bal~d 1994-1997 Pres~ Goff Estates r~m~.,w,~,S Asaoci~n T O!' Iml;~I ~ ~m.,., ~.. 1992-1993 Pr~.~ . .._.~-. ,.....~o~ ~v~rM rMaster Assoc. of 1872 remaerma~ 1990-1993 Preaidem o~ u~, ,,,,~.,~-,- .---.-- ,--- ~:2~O(X~e~'t ~'~'l~-of Collier County Planning ~,.;omm~on Application for Advisory Committee/Boards Name: C~ary A. Davis t Home Phone: [261-2584 Home Address: 12201 Forrest Lane, Naples 1 Zip Code: 134102 Fax 1262-5872 B.in. 1403-4222 e-mail I GaryD(~nservancy.orl No. Phone: address: Business: t The (~nservancy of Southwest Florida, 1450 Merrihne Dr., NapLes, FL 34102 Board or Committee Applied for: CommtmJty Chm~ctcr/Smart Growth Catagory (ifapp~c~,~e): l env~ronmentalJst Example: Commi~ioa District, Developer, environmentalist, lay per~o~, ~.. Are you a registered voter in Collier County: Yes Do you currently hold public office ? Yes [ ~f~ ~.t b *h,t om~e: I No I Do you now serve, or have you ever served, on a Collier County board or Committee? If yes, please list the committees/boards: ! Yes Please list your community activities (civic clubs, neighboorhood associations, etc.) and positions held: !Environmental Policy Director, The Conservancy of Southwest Florida Education: ! J.D.--University of Tennessee College of Law; B.S. Chemical Engineering-- ~niversity of Cincinnati Experience: Environmental and Land Use Attorney, Knoxville, TN (20 years) Environmental Policy Research Director: University of Tennessee Energy, Environment, and Resources Center (15 years) California Governors Office: Environmental Policy Analyst (3 years) Environmental Engineer/Consultant: Hydroscience, Inc., Knoxville, TN (3 years) Please attach any additional information you feel pertinent. This application should be forwarded to Sue Filso~ Eotecutive Manager to the Board of County Commissioners, 3301 East Tamiami Trail Naples, FL 34112. lf you wis& pleose fax your application to (941)774-3602 or e-mail to suefilson(~,colliergov, ne~ Thank you for vohmteering to serve the citizens of Collier County. - Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Name: Su~tn W. McCampbell Home Phone: 239.597.5906 Home Address: 1880 Crestview Way Zip Code: 34119 Fax No. 239.597.6691 smcc7913~aoLcom Business Phone: see above e-mail address: Business: President, Center for Innovative Public Policies, Inc. www.cip[).orR Board or Committee Applied for: Community Character/Smart Growth Category (if applicable): Citizen/urban planner ExamFde: Commission District, Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County: Yes__ Do you currently hold public office? Yes If so, what is that office? X No No Do you now serve, or have you ever served, on a Collier County board or committee? Yes X If yes, please list the committees/boards: No Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Please see resume - Mental Health Association of Broward County, Grievance Committee, The Florida Bar Education: B.A. Political Science, American University, M.C.R.P. The Catholic University of America Experience: Please see attached resume Please attack any ~_g~ona~ information yo,, feelpert~en~ Tkis applica~oi skouid be forwarded to $~w FHson, F.x~ca~tre Manqer to the Board of Coamy Commissioners, $$01 East Tamiami Trai~ Naples, FL $4112. if yo~ r:isk, please fax yoar ~pplicstiom to (941)774-$~2 or Susan W. McCampbel! Criminal justice pmctiUoner, researcher and trainer with extensive experience in the management of local jails. Local government experience includes four years of managing one of the nation's largest local jail systems, experience managing a large urban full sen/ice sheriff's office, research in the areas of the mentally ill, disabled persons in the criminal jusSce system, and development of standards to accredit law enforcement agencies. Education Bachelor of Arts, Political Science, School of Government and Public Administration, The American University, Washington, D.C., 1971. Master of City and Regional Planning, School of Enginoodng and Architecture, The Catholic Univemity of Amedca, Washington, D. C., 1975. Professional Experience President McCampbell and Associates, Incorporated and Center for Innovative Public Policies, Incorporated 1999 - President of a consulting firm and a 501 (c) (3) specializing in criminal justice, law enforcement, public education and public health related topics. Firm provides services private foundations and to state and local units of government. Along with not-for-profit company, Center for Innovative Public Policies, Inc., current projects include management and technical support to a local school board; research and curriculum development for the National Institute of Corrections; management services to a local human services agency; issue management and research for the Henry J. Kaiser Family Foundation; program coordination for the Collins Center for Public Policy, Inc., Tallahassee, Flodda; and technical assistance to the local Sheriff's Office. Chief Deputy/ Acting Sheriff Broward County Sheriff's Office, Fort Lauderdale, Flodda September 1997 - January 1998 - Named Chief Deputy/Acting Sheriff upon the death of Sheriff Ron Cochran. Responsible for the day to day operations of the 3,400 member Sheriff's Office induding corrections, law enforcement, communications, criminal investigation and all special operational activities associated with a major urban full-service Sheriff's office. Director/Corrections January 1995 to September 1997, January 1998- January 1999. Daily responsibility for the management of a large local jail system, including 1,600 employees, three jail facilities, 4,300 inmates, and an annual operating budget of $110 million. Agency received initial accreditation from the Commission on Accreditation for Corrections in January 1996, and reaccreditation in 1999. Programs and services including booking, inmate classification, programs for incarcerated inmates, adult boot camp, inmate work programs, community work programs, pre-trial services, inmate medical and mental health services. Assistant Director/ Corrections Commissioner August 1994 - January 1995 - Assistant Director/Community Corrections - supervised community corrections to include pre-trial servloes, work release, inmate community work programs, military-style offender boot camp and programs and services to county sentenced inmates. Criminal Justice Standards and Training Commission, Florida Department of Law Enforcement, State of Flodda - - NO. Pg., October 1995 - December 1998 - Appointed by Govemor Lawton Chiles to the 19 member Commission that oversees all training for law enforcement, correctional probation and corrections officem. Commission also responsible for the oversight of the certification and de-certification of law enforcement and corrections personnel for violations of Commission rules. Assistant Sheriff Office of Sheriff, City of Alexandria, Virginia May 1983 - July 1994 - Directed inmate classification, mental health sewices, altematives to incarceration, work release, electronic monitoring, inmate programs, community volunteers, and the unit counselor program. Detention Center is a 343-bed direct supervision fadlity with an average daily population of 530. In 1993 awarded Resource Center status by the National Institute of Corrections for model jail mental health sewices. May 1983 - January 1993 - Responsible for Administrative sen~ices Division, directed all administrative duties including personnel related activities (recruitment, testing, hiring, training, training officer program), budget and fiscal management, fleet management, public information, planning and research, inmate accounts and canteen, and policy and procedure development and implementation. Office of Sheriff one of six agencies in the United States to be accredited by the Commission on Accreditation for Corrections, Commission on Accreditation for Law Enforcement Agencies, and the National Commission on Correctional Health Care. Program Director Police Executive Research Forum, Washington, D. C. October 1981 - May 1983 - Program Director for the Forum's program of standards development and implementation for the national law enforcement accreditation project. Responsibilities included the research for developing standards, drafting of policies and procedures relating to the accreditation process, liaison with staff and members of the Commission on Accreditation for Law Enforcement Agencies, Inc., and cooperating law enforcement agencies. Worked with Forum member departments on all issues of interest and concern to urban law enforcement agencies' chief executives. Director/Public Safety Northern Virginia Planning Distdct Commission, Annandale, Virginia August 1973 - October 1981- Public Safety Division Director- responsible for conducting all tasks associated with the Commission's regional public safety program, induding acting as staff to the Northern virginia Cdminal Justice Advisory Council and its subcommittees, primary staff support to the Northern virginia Chiefs of Police Commission, and the Northern virginia Sheriffs' Association. Projects included development of eight annual regional criminal justice plans, program coordination among twenty criminal justice agencies, planning for the implementation of regional 911 emergency sewices; coordination of legislative initiatives, and all other special projects for the Commission and its thirteen member govemments. Research Assistant Bmokings Institution, Washington, D. C. August 1971 - September 1972 - Research Assistant assigned to a project to develop evaluation criteda for projects funded by the Law Enforcement Assistance Administration, U. S. Department of Justice. Faculty Position Northern Virginia Community College, Annandale Virginia Awards & Recognitions 1984, 1985 - Part-time instructor in the Administration of Justice Taught undergraduate course work in History of Corrections Operations and Management I and I1. Board of Directors, American Jail Association, 1997 - 2000 Board of Directors, Mental Health Association, Bmward County 1999 - Present Grievance Committee, 17th Judicial District, The Flodcia Bar 1999 - Present Recognition Award - C.O.U.R.T. Pmjec{, Broward County Mental Health Association, 1998 EPIC Award - Exceptional people impacting the Community, Broward County Mental health Association, 1998 Certificate of Appreciation, National Alliance for the Mentally II!, Broward Chapter, 1995 Distinguished Sewice Award, Florida Council on Crime and Delinquency, Chapter IV, 1996 Certificate of Appreciation, Broward County Commission on Alcoholism, Inc. for Service on the Board of Directors, 1995 - 1997 Woman of the Month, Women's Business Journal, July 1997 Certificate of Appreciation, NOBLE, Flonda Chapter, July 1997 Selected Publications Susan W. McCampbell, "Making Successful New Wardens," Corrections TodaY. October 2002, page 130. Susan W. McC. ampbell, 'So You Want to Be the Boss: Tips for Becoming a Jail Administrator," American Jails, September/October 2002, pg. [7 Susan W. McCampball, Marie E. Hall, Elizabeth P. Layman, Resource Guide for Newly Appointed Wardens. U.S. Department of Justice, National Institute of Corrections, 3anuary 2002. ':Investigating Allegations of Staff Sexual Misconduct with [nmates", Sheriff Hagazina, November- December 200:[, page 20. 'Mental Health Courts: What Sheriffs Need to Know', ~heriff. March/April 200:1, National Sheriffs' Association. "Sexual Misconduct in Corrections', by Elizabeth Layman, Susan McC. ampbell, and Andle Moss, American Jails. Vol. X[V/Number 5, NovemberJDecomber 2000. "Training Curriculum for Investigating Allegations of Staff Sexual Misconduct with [nmatas', Susan W. McCampbell and Elizabeth P. Layman, Center for Innovative Public Policies, [nc., October 2000 (to be published by U. S. Department of ~ustice, Bureau of Prisons, National [nstituta of Corrections.) 'Naadl'a Exchange Programs: The Bottom Uno for 3ails,' L~rnarican 3ails. Vol. X[V, Number 2, May/~)una 2000, with Paula N. Rubin. 'F~nding Friends in the Right Places: Coalitions to Address tho Mentally Ill in :)ails', American 3ails. Vol. X/~/, Number 3, July/August :1999, p. 52. 'l'rensitioning Staff Training to the 2:L'* Century - Moving from Inmate Instructors and Court Orders to tho Interactive Intemet and Cybel ~paca', with Dr. Jeanne B. Stinchcomb, American :)ails. Vol. X[[[/No. 2, Hay/:)uns 1999. 'Tho Paying Prisoner... Room With A Vtow At a Price," American :lolls. Vol., X[, No. :1, March - April, 1997. A :)ail Boot Camp Program: Broward Sheriff's Office," :)uvenile and Adult Boot Camo;. American Correctional Association, Lanham, Maryland, :1996. ,aula N. Rubin and Susan W. McCampbeil. The Americans With Disabilities Act and Criminal ]ustica: ~ National [n~um of Juice, Unlt~ S~t~ Depa~ment of ~u~ce, Sep~mber 1~5. 'Fa~li~ O~ign ~n Help Wel~ Di,bled S~, ~ Vol. ~, ,o. 2, ~dl 1~5, p. Services, National Institute of lustlca, United States Department of Justice, luly 1994. 'ADA and Local Corrections: ]replications for Personnel', The State of Corrections. Proceadinas f the ACA Annual Conference. ~993, Laurel, Maryland, American Correctional Association, 1994, page 36 ff. 'Taking the ]nitiative in Media Relations', The Stef;~ of Corrections. Procaedinos f the ACA Annual Conference. 1991. Laurel, Maryland, American Correctional Association, 1992, page 267 ff. Susan W. McCampbell, Richard .1. Koehler and David Fogel, 'Arrestaa and Lodcup Management', Local Government Police Manaoemant. Znternatlonal City Management Association, Washington, D. C. 1991. 'Direct Supervision: Looking for the Right People,' American Jails. Vol. ]V, No. 4, 1990, page 68. 'Over~-bwding Heads Ust of ]ssues Concerning Area Corrections Officials,° The ReoiQrl, Metropolitan Washington Council o~ Governments, Washington, D.C. Fall, 1989, Vol. 10, No. 2. Susan W. IqcCampbell, William H. MattheWs and Richard 3. O'Connell, 'Law Enforcement AccreditaUon F~aches a Crossroad', Crime Control Dioast. Vol. 20, No. 37, September, 15, 1.986. g11. TeleDhone Emeroencv Service in the Northern Viroinla Realon. Protocol for Recaivlno. Handlino and Trensferrino 91! Calls.-Northern Virginia Planning District Commission, 1.981.. (~riml) in Northern Virginia. 1.976 - 1980. Northern Virginia Planning District Commission, 1.979. Polic,~ Pay and Benefits Survey. Northern Virginia Planning District Commission, 1.979. Study of AlternaUves to Overcrowdinq in Norl;hern Virqinia 3ails, Northern Virginia Planning District Commission, 1.979 Date last updated: EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE BLACK AFFAIRS ADVISORY BOARD OBJECTIVE: To appoint 2 members to fulfill the remainder of vacant terms, expiring on June 25, 2006, on the Black Affairs Advisory Board. CONSIDERATIONS: The Black Affairs Advisory Board currently has 4 vacancies. This 9- member committee identifies and evaluates problems unique to the Black Community, reviews and recommends ways to ensure open communication between the minorities and Collier County Government and provides periodic repons to the Board of County Commissioners. A list of the current membership is included in the backup. There are currently 4 vacancies due to resignations. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Jodi Bisogno t N/a Garry Pierrot ! N/a 2 Yes None Yes None COMMITTEE RECOMMENDATION: No recommendation due to lack of quorum. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: JANUARY 14, 2003 Memorandum To: Sue Filson, Executive Manager Board of County Commissioners From: John Dunnuck, Public Services Administrator Date: December 12, 2002 Subject: Black Affairs Advisory Board Vacancies I have received your memorandum of November 1, 2002. The advisory board has not been meeting due to a lack of quorum; therefore, a recommendation cannot not be made at this time. However, these positions would help the advisory board gain a quorum Division of Public Services AGENDI ri'EM Black Affairs Advisory Board Worl~ Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Rufus H. Watson 403-0355 5501 Rattlesnake Hammock Rd., #208 352-2782 Naples, FL 34113 Category: 12/02/97 06/26/01 06/25/01 06/25/05 Ms. LaVerne C. Franklin 7705 Kiwi Place Naples, FL 34112 District: ~ I Category: 352-2868 04/11/00 06/25/O3 Ms. Marian Thompson 284 Sabal Lake Drive Naples, FL 34104 District: 3 Category: r .. Nal~, FL ~4104 ' Category: ~8-3~5 ;""~643-3332 263-0~22 04/I 1/00 06/26/01 10/12/99 06/25/01 06/25/05 06/25/03 Mr. Robert G. Je~ki~s 4541 7th Avenue, N.W. Naples, FL 34119 Distriat: 3 Category: 455-9432 O4/10/0 t 06/25/02 Ms. Gerry Moore 3390 Mystic River Drive Naples, FL 34120 District: 5 Category: 352-6357 12/14/99 06/25/03 Wednesday, October 10, 2001 Page i of 2 4 Years 4 Years 3 Years 1 Year 4 Years 4 Years I Year 4 Years Black Affairs Advisory Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Albert Wahbey 555 Bowline Drive NapEs, FL 34102 District: 4 Category: Ms. Carolyn D. Sparta 5564 Foxhunt Way Naples, FL 34104 Category: Mr. James R.R~~ 253 No~a4~arfield Island, FL 34145 /D/str/ct: 1 Category: 594-9192 11/03/98 06/25/02 4 Years 659-2785 389-2655 389-1646 10/09/01 06/25/05 4 Years l 1/14/00 06/25/02 1.5 Years This 9 member board was created on May 14, 1991, by Ord No. 91-38 & 91-77, to identify and evaluate problems unique to the Black Community, review and recommend ways to ensure open communication between minorities and Collier County Government and provide periodic reports to the Board of County Commissioners. Amended on 08/13/91 by Ord. 91-77 to increase membership from 7 to 9 member. Terms are 4 years. Staff.' John Dunnuck-~ Admiflistmtor, Cc,,~w, D~w ~ E~, ' -: ''" -- - Wednesday, Octob~ I0, 2001 Pa~ 2 of 2 MEMORANDUM DATE: TO: FROM: November 1, 2002 Elections Office ~. Sue Filson, Executive Manage Board of County Commissioners Voter Regismtion - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. BLACK AFFAIRS ADVISORY BOARD COMMISSION DISTRICT Jodi Bisogno 659 108th Avenue, N. Naples, FL 34108 Garry Pierrot 1534 Mainsail Drive, # 1 Naples, FL 34114 Thank you for your help. M___E M 0 RANDUM DATE: TO: FROM: November 1, 2002 John Dunnuck, Public Services A~tor Sue FBson, Executive M.a~. e~.4 '' Board of County Comnussmners Black Affaks Advisory Board As you know, we currently have 4 vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Jodi Bisogno 659 108t~ Avenue, N. Naples, FL 34108 Garry Pierrot 1534 Mainsail Drive, #1 Naples, FL 34114 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-flame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments ID;'22/~002 13:R1 PA.~ 0417743~0~ BCC 94126276~8 ~OOl Board of Coanfy Commissioners ami ibm'Fmnhnd Tr~m P'az: (94~) ?'74-3602 Applicuflon for Advisory Committees/Boards bom pub~ o~e? Yo ,_ ~ ~ JAN ~ ~ 2003 u~1--24--02 12:28 PH P.P.C.C/ 9412627658 P.O~ SUMMARY: EXPERIENCE: Planned I~renthood of CoiUer County, N~pks, Flork/a 2000-Present Vice P~id~.~ of E~[uc~ion  Overue education depamnem employees nnd volunteers For tha affi)is/o, Supervise all pm~nms ncdvities. Ruponsible FOr prepamtlon and administration ofbuclget fi~'~e education d~t. Part oft~e mior management team, positicm which includes decision making and policy clevelopm~nt tffiliate wide. ADMINISTRATION ACCOMPLISHMENTS: EfF[~ively wr~te, secure and manage grants fbi- fimding department pmgnm~ allowing ~ose progrnms to il . _c°min' which would Imve --rw4--..lim.ecl ~__o~_~ ~. v~ve m'ateg~u for "low ~ ~. no cost" rnadt~n~ toots whi~ t~bled th~ prom~o~ of* u~nrunent programs · -,,~ ~.~,. wu~ mmonaily recognized individual- thns .... ,~ ............ ::-~ ~n -'-.,,.. ~.l... -~'_-- .k_ ___ __ 'q F,*r""d--aqr. --we~i~J Ill. I UZnU-[~;[ ~ ~ l~Vai · Provide workshops and tminin r--~- ...... ,~ 'r vtmpea prom~loml mazerials for Pi, om'anu arid .rvi~,~. ""~'iflc ~ th,...4.~..;~ J.=. ..... · ,--,,~ ~ [~-~,, ~nu,o .-,,t mow -~pemc Up, Snf~k Out" includin- .t.~., .... ,~ ............... [ ~jfl ~ ~ .-.- v~u.,p,l~d, uzmzmmm'~ml~ ~ show tapi., eamdinadn in · support - ~ ~ :Mrket & training peer eduam~ and pmvld,n~.ehnlea! · Write articles for N~~i FdmEy,ls"'Tlacni family publication, tim bnises au lsmues reimad to - UCT--24--~2 12:2~ P~ P.P.C.C/ 9412627658 Po04 Jodl Bbogno 2OOO · Cruted nad present~ w~kshops md ~r~ining throughout ~ools arid the community on "Life Skills ~Loprnent" and se~umf~e educm~ topics · Cruted. coordinated and implemented a successful long t,mn Youth/nvoIVemmt Progrmw, focusing on pruvMing idler school ag~ivJties for disadvantaged youth. Secured funding for long t~-rm implementation · Successfully organtn annual 'Reae. h for Your Dreams" conference involving over 20 local ageneie, s and besinesses and more thnn 100 participants, focusing on ~{ure decision making for I,.-ens Seawitch Reslaumt and Mm. Ina GrUI~ Naples, Florida ~-~{M~i~[~Ii~JZ ProvJck~ restaurant services. Administer daily reports and handle money transactions. · Organized the "Proud to Serve~ fimdrai~r For Windows of Xope, after 9-11 · Orgnnize annual Drift dukiA~ Memoria/scholarship fund, raising money for working college students EDUCATIONz Florida GulfConst University, Ft. Myers, Florida Graduate level courmework Unh'e~dty of D~lnwnre, N~wark, Delawar~ Bachelor of Arts in Psyohoio~ PROFF*..q~IONA L AFFILIATIONS: · ~'ome~'~ Politico/ Region 24 T~ ~~ ~i~ C~m~tee. ~{r 1998. Present Mny 1995 2000-Present l~-Presem 2000-2002 1999-Pre. at PROFESSIONAL CERTIFICATIONS: · HIV/AID$104. :S01: lqodda~entofHeaJth · Clinical Educator, Flm'kia Gulf Coast Uniwrs/ty · Training of'Trafnel, s: Planned Pm~mthood Federation of America · Prolt~sjoiml Lif~uard, American Red Cro~ · CPR/Fh~ Akl. American Red Cron · Certified Food H~mdlm' by Division of HoWls nd Resmlram COMPUTER PROFICIENCY: · Microsoft SuIM · Sable computm* REFERENCES: · Available upon request 1999 2001 1998 2001 2001 2OO2 FREDERICK C KRAtiF, R ~001 10/22/02 10:49 FXX Frcderick C. K. ramer Clif~n W. Shcrrill C~'ry Pierrot Sa~lltlel C. Gold LAW OFFICES OF FREDERICK C. KRAMER Sui~ 201 * SunTrus~ B~lding · 950 North Collier Boul~-d M~u'co Island, Florid~ 34145 Telephone: (239) 394-3900 Fa~imile: (2~9) 642-0006 E-Mail: m ai,l(~mm'~oisla~dlaw, eom CONFIDENTIAl, TELECOPY COVER PAGE TO: FROM: DATE: RE: Ms. SUE FII,SON Fax No.: (941) 744-3602 (~ BOARD OF COUNTY COMlVlISSION~RS GARRY PIERROT OCTOBER 22, 2002 APPLICATION FOR ADVISORY COM2~IrfTEESfBOARD Fax No.: (239) 642-0006 PLE.zkSE SEE ATTACHI~D APPLICATION OF GARRY PIERROT. TOTAL NUMBER OF PAGES, INCLUDING THIS COVER Sfl'EET: 4_ IF YOU DO NOT RECEIVE ANY OF TttE PAGES PROPERLY, PLEASE CALL (239) 394--3900, THIS TEI,ECOPY IS CON'FIDE~ TO THE PERSON OR OFFICE LISTED ABOVE. ORIGINAL TO FOT,X ,OW BY MAIL XX ORIGINAL NOT TO FOLLOW BY M. A3[I, THANK YOU, Mirinm S. Montalvo Assistant to Gamy Pierrot AGEND~M pg. /0 10/'22/02 10:49 FAX 941 642 0.006 Board of County Commissioners FREDERICK C KRA~R ~]002 Page 1 of 2 Board of County Commissioners 3301 East T~miamj Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Home Address:/Sbt4 ~._. No._~s~)~¥~- o oo ~ B.,~.~, ~ho.~: .~s~)3 ~gv-3?00 Zip Code: Category (if applicable):__ Eam~pl~ Comr~O~ D~trlc~ ~vd~, ~~ lay ~, Are you a ~t~cd your in Collier Count: Yes Do you curtly hold publk office? Yes No If s~ what b ~t No Do you now ~rvc, or have you ever sorvcd, on a CclE=r County board or ~ommi~toc? ye~ ~. plcasc 1i$~ ~e commitmes/boards: __ __ No ~ __ If y".% Please Ii_st your community a .~ivifie~. (civic clubs, ~~ ~tio~, et~ a~ I [^,~, , :, ~fl~. l-1 Pg. // http._//coll iergov.n~r./gov/app.htm /18/02 10/22/02 10:49 FAX 941 642 0006 FREDERICK C KRAMER ~1003 Page 2 of :2 Board of County Commissioners htrp:l/eolliergovaxet/gov/~pp-htm 2003 0/18/02 10~22/02 10:49 FAX 94~ 642 0005 FREDERICK 0O4 GARRY PIERROT J_D., University of Florida MB.A., W~tcrn New lVl~v, ico Univexsity B.S., State Unive~ ~iiy of New York a~ Bi~hn,nlon The Florida Bar U.S. District Court. Middle District of Florida PROFESSIONAL ASSOCIATIONS Flor/d= Bar Collier County Bar Association Association of Trial Lawyc~ of Amexica Past meml~r. Broward County Bar Associalion Past member, American Bar Association Past member, Lakeland Bar Association Past Vice-Presidcat, Returneai P~ce Corps Volunwcrs of South Florida Past Premi~ Volunteer Aa'viso~ Council of Peace Corps Ouatemala PRACTICE AREAS Family law Immigration law C/vil lifi~-afion Housing Law/Landlord and Tenant Garry was born in Port-au-Prince, Haiti, oatd moved to Brooklyn, NY, when he was Ig. In 1986, Garry gradualed from the State University of New York at Bin~oh0m~on with a de~ec in Accounting. The following ye~, Garry obtained an MBA :fi'om Wcatcm Nevi Me, xico University, in Silver City, NM. Prior to attending the University of Florida College of Law, Gaxxy worked for the City of New York Department of Fir~aqc~ as a corporate lax auditor. Following his graduation from law school in 1993, Garry joined the Peace Corps of the United States of Amerka, ami spertt 'Lira following two ye, am working as a volunteer in Guatemala, Central America. After his service in the Peace Corps, Garry worked as a staff attorney in Lakeland and Ft. Myers with Florida Rsxral Legal Sexvices, Inc. Subsequently, Garw managed kiz own firm in Ft, Laudcrdale. Garry is currently working as an associate in Marco TslaIld with the Law Offices of Frederick C. K_ramcr. Garry speaks fluently Creole, Frencl~ Spanish, and is cow~;,sationaI in German. EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE CITIZENS ADVISORY TASK FORCE OBJECTIVE: To appoint 2 members to serve 2-year terms, expiring on December 31, 2004, on the Citizens AdVisory Task Force. CONSIDERATIONS: The Citizens Advisory Task Force had 2 terms expire on December 31, 2002, in the categories of Business Leader and Social Services. This 5-member committee obtains community input and direction on proposed target areas (the geographic area designated for rehabilitation through funding from the Small Cities Community Development Block Grant Program from the State of Florida, Department of Community Affairs.) They direct, oversee and approve grant applications; monitor the progress of the grant administration and evaluate the final completion of the grant program. Terms are 2 years. A list of the current membership is included in the backup. The terms for Russell W. Tuff and Kathleen C. Herrmann expired on December 31, 2002. A press release was issued and resumes were received from the following 5 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Russell W. Tuff/RE-APPT. Business Leader 3 Yes ' Citizens Advisory Task Force GG Est Master Plan Ad Corem Sue A. Goby Business Management i 3 Yes None Fred N. Thomas, Jr. Affordable Housing/CivicI 5 Yes Lake Trafford Restoration Immokalee Enterprise Adv Com I Rural Lands Oversight Com Jodi Bisogno Social Services ] 2 Yes None Norma Banas Education I 5 Yes None NOTE: Section Five (D) of Ordinance 2001-55 states that "No person shall serve on more than two County Boards simultaneously. If application is made or service on a third Board, the applicant must resign simultaneously from one of his or her current Board positions, or the application for a third Board shall be disqualified. This provision, however, may be waived to allow for service on additional Boards provided the Commission votes unanimously to waive such provision. According to my records Fred N. Thomas currently serves on 3 committees. If Mr. Thomas is appointed the Board will have to waive Section Five (D) of the ordinance. COMMITTEE RECOMMENDATION: Russell W. Tuff- Reappointment Jodi Bisogno - new appointment FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson' Executive Manager Board of County Commissioners Agenda Date: JANUARY 14, 2003 AC~r. NDA ITEM NO. .... / filson s =m: .~ent: To: Cc: Subject: alden s FridaY, December 13, 2002 7:29 AM filson_s Baker_D; CombsLee CATF RECOMMENDATIONS Importance: High The Citizens Advisory Task Force (CATF) met yesterday and recommended that the following people be appointed by the BCC to the CATF: Russell W. Tuff - reappointment - Business Leader Jodi Bisogno - appointment - Social Services (to fill the seat vacated by Kathy Herrmann) I will send you the New Member Analysis Gdd and the approved minutes via interoffice mail today. Susan . fl_ e'n HUD Grant Coordinator Collier County Financial Administration and Housing Department 3050 N. Horseshoe Ddve, Suite # 275 Naples, FL 34104 Phone: (239) 403-2339 Fax: (239) 403-2331 SusanAIden~colliergov.net MEMORANDUM DATE: November 1, 2002 TO: FROM: Elections Office ~ ,r~ Sue Filson, Executive Manage~k.,/? Board of County Commissioners"-" Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. CITIZENS ADVISORY TASK FORCE Russell W. Tuff 2642 44th Terrace, S.W. Naples, FL 34116 COMMISSION DISTRICT Sue A. Goby 2590 64th Street, S.W. Naples, FL 34105 Fred N. Thomas, Jr. 1205 Orchid Avenue Immokalee, FL 34142 Jodi Bisogno 659 108m Avenue, North Naples, FL 34102 Norma Banas 9824 lmmokalee Road Naples, FL 34120 5 Thank you for your help. AGENDA~ ITEM Pg._ Citizens Advisory Task Force Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Ellen Christian-Myers 12/11/01 12/31/03 2 Years 7091 Lone Oak Boulevard Naples, FL 34109 District: 2 Category: Real Estate Mr. William J. McCarthy 840 South Collier Boulevard Marco Island, FL 34145 District: 1 Category: Retired - Food Business Mr. David M. Corban 2832 Arbutus Street Naples, FL 34112 District: 4 Category: Architect Mr. Russell W. Tuff 2642 44th Terrace, S.W. Naples, FL 34116 District: 3 Category: Business Leader Ms. Kathleen C. Herrmann P.O. Box 10102 Naples, FL 34101 District: 3 Category: Minority 596-2135 642-8382 12/11/01 12/31/03 642-8382 434-5800 12/11/01 12/31/03 775-9099 353-0444 05/28/02 12/31/02 775-3B62 04/11/00 12/31/00 353-0527 12/12/00 12/31/02 2 Years 2 Years 7 months 8 mos 2 Years IYednesday, May 29, 2002 Page I of 2 Citizens Advisory Task Force Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member committee was created on July 24, 1990, by Ordinance 90-60 to obtain community input and direction on proposed target areas (the geographic area designated for rehabilitation through funding from the Small Cities Community Development Block Grant program from the State of Florida, Department of Community Affairs.) They direct, oversee and approve grant applications; monitor the progress of the grant administration and evaluate the final completion of the grant program. Terms are 2 years. FL STAT 290.046 Staff: Denny Baker, HUI Director: 403-2330 I4~ednesda); May 29, 2002 Page 2 of 2 MEMORANDUM DATE: TO: FROM: November 1, 2002 Denny Baker, HUI Director Sue Filson, Executive Manager Board of County Commission~r~ Citizens Advisory Task Force As you know, we currently have 2 vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Russell W. Tuff 2642 44th Terrace, S.W. Naples, FL 34116 Sue A. Goby 2590 64~ Street, S.W. Naples, FL 34105 Fred N. Thomas, Jr. 1205 Orchid Avenue Immokalee, FL 34142 Jodi Bisogno 659 108~h Avenue, North Naples, FL 34102 Norma Banas 9824 Immokalee Road Naples, FL 34120 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-l~ame, and I will prepare an executive summary lot the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments filson s From: ~.nt: J: Subject: Russell W. Tuff [russelltuff@earthlink. net] Friday, October 25, 2002 9:51 AM filson_s RE: CATF 2642 44th Terrace SW Naples, FL 34116 Russell W. Tuff Tuff Publications, Inc. Everglades Echo - Golden Gate Gazette Naples Times/Golf NapiesFL 11725 Collier Boulevard Suite #C Naples, FL 34116 www.evergladesecho.com www.goidengategazette.com Phone (239)353-0444 Fax (239)353-9040 ..... Original Message ..... From: filson s [mailto:SueFilson@colliergov.net] Sent: Friday, October 25, 2002 9:14 AM To: 'Russell W. Tuff' Subject: RE: CATF Russell, please forward your home address so that I can verify that you are a registerd voter. ~anks. Sue Fitson Executive Manager, BCC (239) 774-8097 phone {239) 774-8865 fax suefiison@colliergov.net <mailto:suefilson@colliergov.net> ..... Original Message ..... From: Russell W. Tuff [mailto:russelltuff@earthlink.net] Sent: Friday, October 25, 2002 9:11 AM To: fitson s Subject: CATF Dear Sue, This would be to continue in the position of 5he Citizens Advisory Task Force. Attached is the resume. Thank-you Russell W. Tuff Tuff Publications, Inc. Everglades Echo - Golden Gate Gazette Naples Times/Golf NaplesFL 11725 Collier Boulevard Suite %C 'aples, FL 34116 .~ww.evergladesecho.com www.goldengategazette.com TUFF 11725 Collier Blvd.,Unit C°NapTM, FL 34116 (239) 353-C~.~.~. -Fax (239)353-9040 E-mail:tuffpublications@earthlink'net www. goldengategazette.c°m PUBLICATIONS, INC. www. evergladesecho.com NAPLES TIMES ' THE GAZETTE ' EVERGLADES ECHO Curriculum Vitae Russell W. Tuff 10-25-2002 Education BA- History/Political Science -Jamestown College BA- Business Administration Minor - Religion Current Position President - Tuff Publications, Inc. Publisher - Naples Times, Golden Gate Gazette, Everglades Echo Staff Singer (Tenor} - Trinity By The Cove Episcopal Church Current Activities Board of Directors - Naples Chamber of Commerce Board of Directors - Golden Gate Civic Association Member of the Golden Gate Master Plan Member - Golden Gate Estates Civic Association Member - Everglades Chamber of Commerce Member - Naples Chamber of Commerce Member - Florida Press Association Member - Inland Press Association Member - National Newspaper Association Member - Collier County Republican Executive Committee Football Coach Baseball Coach Member - Trinity By The Cove Episcopal Church Past Local Experience President GG Civic Association, President GG Chamber of Commerce, Graduate of Leadership Collier, Graduate of Leadership Institute, Charter Member of the Naples Area Tourism Board, Charter Member of the Collier County Tourism Alliance, Collier County Economic Advisory Council, Board of Director of Naplescape, Various EDC/Charnber committees, Cub Scout Den Leader, T-Ball Coach Martial Arts Instructor, Football Coach, Baseball Coach October 22, 2002 Ms. Sue Filson, Executive Manager Board of County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 Dear Ms. Filson, Please accept my application for the Citizens Advisory Task Force, enclosed. Thank you for this opportunity to serve. Enclosure Sincerely, Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Home Phone: No. 64'q- 'l 'qq Susin s 'hone: Business: Zip Code: e-mail address: Board or Committee Applied for: Category (if applicable): /~t~ef'~ Example: Commission District, Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County: Yes / No Do you currently hold public office? Yes No If so, what is that office? Do you now serve, or have you ever served, on a Collier County hoard or committee? Yes If yes, please list the committees/boards: No Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Education: Experience: Please attach any ,,ddmonal information you feel pertinen~ This application simuld be forwarded to Sue k31son, ~e Manager m ~e Board of County Commissioners, 3301 EoM T ami ami Trail, Napim, FL 34112. If you ~isk, please fa~ your applica~ion to (941) 774-3~02 or e-mail to suefdson~coiliereov, n~ 77mn~ you for rolunteering to serve the citizens of Collier County. Sue A. Goby 2590 64~ Street, SW Naples, Florida 34105 941-649-7100 fax 941-649-7849 Resume As a small business consultant in the Southwest Florida area, I interact with corporate officers as well as accounting staff to oversee the marketing, financial planning, accounting and tax areas of numerous businesses. My business marketing experience is quite extensive; I hold leadership positions in several local organizations. Education & Certification: Enrolled Agent- A certification earned by written examination given by the Internal Revenue Service in federal tax law. Enrolled Agents are the only tax professionals required to maintain annual continuing education credits in taxation. BS, Business Management, International College Honored as Alumna of the Year, 1999 MBA candidate, International College Experience: President, Business Solutions of Naples, Inc. 1999-present Business Solutions of Naples, Inc. is an accounting and tax firm specializing in small business and individual taxes. I also consult in small business issues from startup through growth through eventual business sales. Business Sales & Acquisitions, affiliated with Corporate Investment Business Brokers, Ft. Myers 2002-present As an additional service to small business clients, I am able to list and sell businesses. Sue Goby, EA, Accounting & Tax 1982-1999 This tax consulting practice was a forerunner to Business Solutions of Naples, Inc. Tax Accountant Rogers, Wood, Hill, CPA, PA 1996 This position was a seasonal replacement in the tax department. Tax Accountant: Sterling Software, Reston, VA 1992-1993 This position was responsible for preparation of federal and state income tax returns for a multi- national corporation. My duties included determining nexus with individual states to determine tax liability. The position ended when the company headquarters moved to Dallas, TX. Affiliations: Naples Area Chamber of Commerce, active member, Chairman's Club Kiwanis Club of Naples, Downtown Intemational College Capital Campaign Committee FGCU's Small Business Development Center, Certified Business Analyst Bonita Springs Chamber of Commerce Inaugural Leadership Class, 1999 Naples Entrepreneurs Workshop, Past President National Association of Women Business Owners, SW Florida Chapter, Past Presiden' Page 1 of 3 filson_s From: CCHAFL~aol.com Sent: Friday, October 25, 2002 4:40 PM To: fllson_s Cc: FNTJri~aol.com Subject: Application for Citizen Advisory Committee Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Name: Fred N. Thom"--=~ Jr., 8181 Home Phone: _(239)657- Home Address:__1205 Orchid Ave., Immokalee, Fl. Code: 34142 Fax No._(239) 657-7273 Business Phone:_(239)657-3649 10/28/2002 Zip , e-mail AGENDA [TEM Page 2 of 3 add ress:_fnU _rl~aol.com Business: Authority Collier County Housing Board or Committee Applied for: Citizens Advisory Council Category (if applicable):. Resident Immokalee Example: Commission District, Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County: Yes X No Do you currently hold public office? Yes No X If so, what is that office? Do you now serve, or have you ever served, on a Collier County board or committee? Yes If yes, please list the committees/boards: Rural Lands, EZDA, Lake Trafford Restoration X No Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: See Attached Resume 10/28/2002 Page 3 of 3 ~Education: See Attached ~sume Experience: ~_~Attached Resume Please attach any additional information you feel pertinent. This application should be forwarded to Sue Fiison, Executive Manager to the Board of County Commissioners, 3301 East Tamiami Trail, Nap/es, FL 34112. If you wish, please fax your application to (94f)77'4-3602 or e. mail to ~ier o;lp~.n_e~t. Thank you for volunteering to serve the citizens of Collier County. 10/28/2002 FRED NICHOLAS THOMAS, JR. 1205 Orchid Ave. lmmoknlee, Florida 34142 (239) 657-8181 fntjr~aoi, com PERSONAL: Married: Wife, Cherryle Son, Fred N. Thomas, III, M.D. (Lea) Children, Fred IV & Peyton Daughter, Mrs. Stephanie Williams (Roger) Children, Aaron & Kellie EDUCATION: DEGREE: Bachelor of Arts NORFOLK STATE COLLEGE - Norfolk, VA January, 1964 to May, 1967 Major: Psychology HOWARD UNIVERSITY - Washington, DC September, 1957 to February, 1960 Major: Chemistry SPECIAL PROGRAMS Human Motivation and Achievement, Dr. David McClellan Harvard University, Summer 1965 Color Perception and Language Cognition, Dr. DeeLee Lantz Harvard University & Norfolk State College, 1965-66 Manpower Research Institute, Norfolk State College Norfolk, Virginia 1966-67 Community Leadership School, Norfolk Chamber of Commerce Norfolk, Virginia, 1969 Housing Intern, Norfolk Redevelopment and Housing Authority Norfolk, Virginia, Summer 1967 NAHRO Certified Public Housing Manager, July 14, 1978 Executive Development NAHRO Training Program Cincinnati, Ohio, June 14, 1979 U.S. Coast Guard Licensed Sea Captain Leadership Collier, Class of 1992 Leadership Southwest Florida - September 8-11, 1993 Leadership Florida, Class XVII (I 998) EMPLOYMENT: December, 1986 - Present: Executive Director of Collier County Housing Authori[y. July, 1985 - 1986: District Manager for Cardinal lndustri_es_~ September, 1983 - 1985: Director of Housing Management .Authority. FRED N. THOMAS, JR. Page 2 EMPLOYMENT - Continued November, 1980 - August, 1983' Director of Administration of the Tampa Housing Authority. October, 1977 - October, 1980: Executive Director of the Indianapolis Housing Authority. September, 1974 - October, 1977: Executive Director of the Evansville Housing Authority. July, 1969 September, 1974: Director of Community Services--Richmond Redevelopment and Housing Authority_. September, 1969 - September, 1974: Field Placement Supervisor for Graduate Student at Virginia Commonwealth University School of Social Work. June, 1967 - July, 1969: Tenant Relations Advisor --Norfolk Redevelopment and Housing Authority.. CIVIC AND PROFESSIONAL ACTMTIES: Norfolk State Alumni Association Member Richmond Chapter President National Vice-President National President 1967-Present 1970 o1972 1972-1973 1973-1975 Omega Psi Phi Fraternity Member, Omicron Beta Beta Dean of Pledges Pi Iota Chapter Charter Member Beta XI Chapter Keeper of Finances Beta XI Chapter Vice Baisleus Bete XI Chapter Dean of Pledges Phi Phi Chapter 1973- Present 1990- Present 1980-1986 1975-1976 1974-1976 1976-1977 1973 - 1974 Board of Directors, Big Cypress Basin Board Vice Chairman 1998 - Present Chairman, lmmokale~ Enterprise Zone Board 1997- Present Board of Directors, Big Cypress Wilderness Institute President Immokalee Rotary Member President Director 1996 - Present 1998 - Present 1999 - 20t A~, 1987 - Pre nt 1997-19~ ~... ,:; ,~ ~ 1987- 19' 8 FRED N. THOMAS, JR. PAGE 3 CIVIC AND PROFESSIONAL ACTIVITIES - Continued Immokalee Optimist President Board of Directors, Redlands Christian Migrant Association Collier County Sheriffs Commission Software Support Consortium, Inc. (A non-profit software company for public housine a£encies.) President Collier County Republican Executive Committee National Rifle Association Member Life Member NAACP, Collier County_ Executive Committee Board of Directors of Immokalee Chamber of Commerce President Public Housing Authorities Directors Association Trustee Florida Association of Housing and Redevelopment Officials President President-Elect Board of Directors FAHRO State Legislative Chairman National Association of Housing and Redevelopment Officials Board of Credenting Trustees National Members Services Committee North Central Regional Executive Board President of Indiana Chapter of N~ d-IRO Governor's Advisory on Farmworker Affairs Chairman Immokalee Main Street Board Chairman Collier County Planning Commission Chairman Charter Member 2002-2003 1992 - Present 1989 - Present 1996 - Present 1996-Present 1999 - Present 1967 - 1976 1976 - Present 1991 - 1994 2000- Present 1988- 2000 1994 - 1996 1990-2003 1999-2003 1983 - 2002 1995-1996 1994-1995 1992-1997 1989 1967-2002 1977-1980 10/79- 1983 10/79- 11/80 1979 -10/80 1993-1998 1997-1998 1997 - 2000 1997 - 1998 1988- 1992- 993 FRED N. THOMAS, JR. PAGE 4 CIVIC ~D PROFESSIONAL ACTMTIES - Continued Immokalee Foundation Vice President Executive Committee Beneficiary Advisory Committee Cotli~ Housin Commission Chairman, Collie~dable Housing Task Force Housing Parmership for Colli?____r Countx Able Care Adviso Board ~& Recreat__.__ion Advisory Board Board of Governors of the Naples Institute Health Planning Council of Southwest Florida. Inc. lmmokalee Vocational Adviso Boa~ United States Coast Guard Auxilia~ Member of Flotilla Materials Officer Boat Handling Instructor Member of Flotilla 93 Qualifications Examiner National Chairman of Membership and Retention Planning Committee National Chairman, Minority Affairs National Director of Virginia Jaycees 1991- 1998 1991- 1998 1991- 1998 1991-Present 1991-1998 1989-1990 1991- Present 1987-1997 1987-1988 1994-1997 1994-1998 1988- 1997 1981- 1986 1982-1985 1981-1990 1986- 1990 1984- 1986 1972-1973 1972- 1974 1972- 1974 1972-1974 AWARDS: NAACP's Lifes Blood Award Listed by: the Naples Daily News as one of the 100 Most Influential Persons in Southwest Florida for the last 100 years Leadership Collier 1999 "Alumnus of the Year" Greater Immokalee Chamber of Commerce "Citizen of the Year" Listed in Personalities of the South 2002 20O0 1999 FRED N. THOMAS, JR. PAGE 5 AWARDS - Continued Listed in Outstanding Young Men qf America Noffo~J~cees Region III Speak Up Winner SPARK PLUG OF THE YEAR SPOKE - Established State Record by Qualifying in 21 days 1972 1972 1971 1969 Norfolk Mace 1968 0cT.--24--02 12:27 ll~,"JJtlO0 J Xl:fSl p~ p.p.C.C/ 8CC 9412627658 p.02 ~oot Nair,e~ ..JCOI Board of Coun~ Commissioners 3301 Emt Tamimnl Trail Nnp~ ~ ~112 ~41) ~4~ Fa~: (941) 7~02 Application for Advisory Committees/Boards C~ art (.if applicable): Ar~ you · registered voter it comer Couut~: Yes ~( ~o -- Do :,ou currtutl~ bom public ot~e? Yes lqo ~_ ,,~ -- Ir m~, wlmt it that Do yH uaw Hr~e~ QI. MU ~mU e~ar 8er~ed0 on a CdIier Cmln~ ~ °r ~? ¥I-----'--'-- N° Ir~J, pbe,, list lb* eommIttee~oI~dt:~-I-~'~-~---'-----~--I~ --- ..0,,,,.,o.,, .,,. ,,., ,..,,,,..,, _ F, dc~:l;i~m: ' ' ~------------- 0CT--24--02 12:28 PM P.P.C. C~ 941262?658 P. 0~ Jodi M. Bisopo 659 ]08~ Avenue North Naples, Florida 34 ! 02 (94 I) 59% 3943 jodibisogno(~yahoo.com .j SUMMARY: Ability to foster a team oriented environment · Excellent o~anizational, written and oral skills Effective at troubleshooting and problem solving · History of creating and maintaining relationships with organ~tions, aKencles and individuals · Expertise in developing, organizing, implementing and evaluating projects · A record of effective management, direction, support and administration EXPERIENCE: Planned Parenthood of Collier County, Naples, Florida 2000-Pr~ent Vice President of £ducation Resaonsl6111tla; Ovcr~ee education department employees and volunteers for the affiliate. Supervise all programs and activities. Responsible for preparation and adminislxation o~ budget for the education department. Part of thc senior management team, position which includes decision making and policy development affiliate wide. ADMINISTRATION ACCOMPLISHMENTS: · Effectively write, s~cure and manage grants for funding department programs allowing those programs to continue which would have otherwise been eliminated Found innovative strategies for "low cost or no cost" marketing tools which enabled the promotion of department programs · Research, create and promote all marketing tools for services and programs in the department · Coordinate events with nationally recognized individuals, thus promoting awareness at a dis~rlct and local level on issues that effect the community · Developed long term programs in disadvantaged areas which are not easily accessible by community agencies · Programs implemented have continued successfully thus having "staying power" · Developed evaiualion tools that have proven the effectiveness of program delivery · Provide workshops and training to the community, staffand volunteers on programs, events and services specific to the a~liate, which has led to the expansion of programs offered through the department ADDITIONAl. ACCOMPLISHMENTS: · Responsible for coordinating and developing the agency newsletter · Developed promotional ma~erials for programs and services specific to the education department · Hosted a teen radio talk show "Speak Up, Speak Out" including development of commercials, coordinating and researching show copies, coordinating guests, marketing, training peer educators and providing ~echnical support · Promoted programs through "Choices for Life" a local television show. Organized, coordinated and prepared interviews for the host including guests · Write articles for Neaploitan Family, a local family publication, that focuses on issues minted to the community AC, EnOa. O'F 0CT-24-02 12:28 PM p.P.C. Cx 941262?658 P. 04 Jodl Bisogno 1997- 2000 Health £ducator iletsnonslbllitt~l: Supervise all programs and activities focusing on teen pregnancy and teen pr~ancy prevention. Responsible for prepazlng repo~, budgets and submitting crucial information to the district affecting teen pregnancy prevention trends, research a.nd evaluation of programs. · Created and presented workshops and training throughout schools and the community on "Life Skills Development" and sexuality education topics · Created, coordinated and implemented a succeflfui long term Youth Involvement Program, focusing on providing after school actlvkies for disadvantaged youth. Secured funding for long term implementation · Successfully o~ganize annual "Reach for Your Dreams' conference involving over 20 local agcncics and businesses and more than 100 paxticipants, focusing on future decision making for teens ~witch Realaurant and Marina Grille, Naples, Florldn ! 996-Present Waitress, bartender and cocktail server Responsibilities: Provide restaurant services. Administer daily reports and handle money transactions. · Organized thc "Proud to Serve" fundraiscr for Windows of Hope, aRer 9-11 · Organize annual Dan Jukins Memorial scholarship fund, raising money for working college students EDUCATION: Florida Gult'Coast University, Ft. Myers, Florida Graduate level coursework 1998 - Present University of Delaware, Newark, Delaware Bachelor of Arts in Psychology May 1995 PROFESSIONAL AFFILIATIONS: · Women's Political Caucus. Boazd of Directors , ,4doptlon Task Force ofSouthwest Flortda, Inc., Board of Directors · Region 24 Welfare 7'ransltlon Program: Better ,/obs. Better Wages, Teenage Pregnancy Prevention Committee. Chair · Teen Pregnancy Prevention Community Initiative, Chair 2000-Present 1999-Present 2000-2002 1999-Present PROFESSIONAL CERTIFICATIONS: · H1V/AIDS 104. 501: Florida Department of Health · Clinical Educator, Florida Gulf Coast University · Training of Trainers: Planned Parenthood Federation of America · Professional Lifeguard, American Red Cross CPR/First Aid, American Red Cross · Certified Food Handler by Division of Hotels and Restaurants COMPUTER PROFICIENCY: · Microsoft Suite · Sable computer REFERENCES: · Available upon request 1999 2001 1998 2001 200 ! 2O02 Page 1 of 1 filson_s From: Isellbirds~aol.com Sent: Fdday, October 18, 2002 9:45 AM To: filson_s Subject: Re: Applicants wanted for Collier County Advisory Boards As a chamber member I received the notification of vacancies on the community advisory boards. If a vacancy remains, I may be of help on a board such as the Citizens Advisory Task Force. I am sincerely interested in the growl~ and development of Naples which is the place to which I chose to retire 13 years ago. Prior to moving to Naples I resided in Miami, Florida, for over 35 years. In Miami I was very active in the community. For over ten years, I was on the board of the Dade County Yair Fair and on the board and president of Phi Delta Kappa a leadership organization concerned with teachers' activities. When I did my doctoral work at age 50, I was elected president of the graduate student goveming board at the University of Miami and served for three years. I directed teaching intems through the University of Miami both in Miami and in Naples. Before I retired to Naples, I operated a private clinic working with children and adults with leaming problems. We authored over seven books on the subject and conducted many workshops and training programs for schools both in that area and out of state. In retirement I turned to my love of animals and due to taking in a large number of would be homeless animals have developed a Park/Zoo here in Naples which serves the public and especially the schools in educating children to the love of and care of animals. I spent a week looking at your call for applicants for the boards and hesitated to feel that I would be qualified. However, I have a lot of experience with community activities and a love for Naples and would like to be considered and at least to know more about the need. Respectfully submitted, Norma Banas, Ed.D. 9824 Immokalee Rd. Naples, FI. 34120 10/18/2002 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Name: . Home Address:_____9824 Immokalee Rd. Naples _Zip code:___34120_ e-mail Business Phone:__353-2215_ -- Fax No.__353-1188 address: iseHbirds~aoLcom_ Application for Advisory Committees/Boards Home Phone:__353-7918_ Norma Banas, Ed.D._ Business: _Aviary of Naples Board or Committee Applied for:______Citizens Advisory Task Force Category (if applicable): environmentalist, lay person, etc. Example: Commission District, Developer, Are you a registered voter in Collier County: Yes_ _x Do you currently hold public office? Yes No If so, what is that office?_ Do you now serve, or have you ever served, on a Collier County board or committee: Yes _ If yes, please list the committees/boards: No Please list your community activities (civic clubs, neighborhood associations, etc. and positions held:_ .._all following was in Miami where I resided for 35 years: 10 years board of director Dade County Youth Fair 10 Years board member and president of Phi Delta Kappa ( national teacher organization) 25 years various offices for Miami Dog Club Inc. in Naples: 3 years president of Southwest Florida Bird Club, Inc. Education:__doctorate in education from University of Miami Experience:~owned and operated clinic for children and adults with learning problems Author many texts and articles in education as well as authored articles related to an animal collectibles Currently have built and run the Aviary of Naples which ineluses a Park/~6o W~lt houses birds and animals that were donated because they needed a new home. The Park is u~ed a~n Vehicle for education of the public and children particularly about care ofanimais. Please attacb any a,t~#;_onal information you feel perfinenL This application skould be forwarded to Sue l~ison, Executive Manager to the Board of County Commissioners, $301 East Tarniaml Trail, Naples, FL 34112. lf you wisk, pleo~e f~x your application to (941) 774-$602 or e-mailtosuefdso~z:olliergov, n~ Thanky°uforvolunttetingtoservetkec~i~nsofCoilitrCounty. EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE HISPANIC AFFAIRS ADVISORY BOARD OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on June 25, 23005, on the Hispanic Affairs Advisory Board. CONSIDERATIONS: The Hispanic Affairs Advisory Committee has 1 vacancy due to a resignation. This 9-member board identifies and evaluates problems unique to the Hispanic Community, reviews and recommends ways to ensure open communication between the minorities and Collier County Government and provides periodic reports to the Board of County Commissioners. Terms are 4 years. A list of the current membership is included in the backup. Mr. Pete Cade resigned on July 25, 2002 A press release was issued and resumes were received from the following 5 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Teresa Marie Nelson N/a [ 3 Yes None Cosme E. Perez N/a[ NO None Earl Brandon N/a I Yes None Helena W. Velasco N/a I 4 Yes None Robert Davis. Jr. N/a ] 2 Yes None COMMITTEE RECOMMENDATION: Choice - Teresa Nelson Choice- Robert Davis FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: JANUARY 14, 2003 TO: FROM: DATE: MEMORANDUM Sue Filson, Administrative Assistant Board ~ssioners Ramiro Mafialich, Chief Assistant County Attorne~:'"~ December 12, 2002 Collier County Hispanic Affairs Advisory Board (HAAB) Recommendations regarding applicants for HAAB vacancy At the December 9, 2002 meeting of the HAAB, the HAAB voted to make the following recommendations regarding the applicants for the vacant HAAB position. The HAAB found that all of the candidates were very good and that the selection was difficult. However, the HAAB specifically voted to recommend Teresa Nelson as the number one candidate and Robert Davis as the recommended second choice. Please convey this information to the County Commission for its consideration in deciding who should be appointed to the HAAB. Thank you for your attention to this Memorandum. CC: HAAB Members David C. Weigel, County Attorney Teresa Nelson Robert Davis R1V[/mw H/Ramiro/HAAB/Filson 12-12d}2 Hispanic Affairs Advisory Board Sterne Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Sofia Pagan 238 Pebble Beach Blvd., Apt. 604 Naples, FL 3411'3 District: 1 732-7800 1 1/14/00 417-5107 Mr. Carlos Aviles 713 North 9th Street Immokalee, FL 34142 District: 5 Category: 657-4493 09/25/01 279-8372 Mr. Frank G. Loney 131 Tahiti Street Naples, FL 34113 District: 1 Category: Mr. David Correa 9720 Vanderbilt Drive Naples, FL 34108 District: 2 Category: Mr. Robert J. Pina 5501 Rattlesnake Hammock, Apt. 113 821-5433 Naples, FL 34113 District: 1 Category: Ms. Lourdes Ramann 16 Maui Circle Naples, FL 34112 District: 1 Category: 732-9558 08/01/95 06/22/99 06/06/95 06/11/02 11/14/00 06/11/02 01/08/02 06/25/03 06/25/03 06/25/99 06/25/O3 06/25/98 06/25/06 06/25/02 06/25/06 06/25/05 Wednesday, June 12, 2002 Page I of 2 2.5 Years 1.9 Years 4 Years 4 Years 3 Years 4 Years 1.5 Years 4 Years 3 Years Hispanic Affairs Advisory Board Name Ms. Susan Calkins 740 High Pines Drive Naples, FL 34103 District: 4 Category: Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 05/22/01 06/25/05 4 Years 434-8095 Ms. Alina Prio Portuondo 775-1221 2253 Arbour Walk Circle #516 596-8771 Naples, FL 34109 District: 2 Mr. Pete Cade ~.~ '0'9~ 867-3220 1210 Lee Street 657-1763 Immokalee, FL 34142 District: 5 Category: 03/26/02 06/25/05 3 Years 09/25/01 06/25/05 4 Years This 9 member committee was created by Ord. No. 91-37, amended by Ord. No. 91-78) to identify and evaluate problems unique to the Hispanic community, review and recommend ways to ensure open communication between minorities and Collier County government and provide periodic reports to the Board of County Commissioners. Terms are 4 years. FL STol T Staff.' Ramiro Manalich, Chief Assistant Attorney: 774-8400 Wednesday, June 12, 2002 Page 2 of 2 MEMORANDUM DATE: November 1, 2002 TO: FROM: Elections Office d. Sue Filson, Exec,ative Managerk/j. ' Board of County Commissionerg' Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. HISPANIC AFFAIRS ADVISORY BOARD COMMISSION DISTRICT Teresa Made Nelson 1150 Reserve Way, Apt. 302 Naples, FL 34105 Cosme E. Perez 4102 Green Boulevard, Apt. 202 Naples, FL 34116 Earl Brandon 473 South Barfield Drive Marco Island, FL 34145 Helena W. Velasco 1155 Sandpiper Street, D-7 Naples, FL 34102 Thank you for your help. MEMORANDUM DATE: November 1, 2002 TO: FROM: Ramiro Mafialic~ Chief Assistant County Attorney Sue Filson, Executive Manage,r~" Board of County Commissione~.J Hispanic Affairs Advisory Board As you know, we currently have 1 vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Teresa Marie Nelson 1150 Reserve Way, Apt. 302 Naples, FL 34105 Cosme E. Perez 4102 Green Boulevard, Apt. 202 Naples, FL 34l 16 Earl Brandon 473 South Barfield Drive Marco Island, FL 34145 Helena W. Velasco 1155 Sandpiper Street, D-7 Naples, FL 34102 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachmems Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Name: -~.v'~,C~ {v~O,v'i~ N-~[s~ot,'~ Home Phone: 2~5c1_q ~q- Home Address: 11~0 ~C~e:~vE ~ ~ ~. ~ Zip Code: 3~ Fax No. ~]A Business Phone: ~-~7~-~ ~mafl address: Business: ~6~Cr COU~ Ct~'K o~ C~c~s / ~3~c~ ~f~o~ Board or CommiHee Applied for: ~i~ani c. &~aic~ ~]v~V Catego~ (if applicable): Example: Commission Distfic~ Developer, en~onment~ lay ~rson, etc. Are you a registered voter in Collier County: Yes Do you currently hold public office? Yes If so, what is that office? v/ No No / Do you now serve, or have you ever served, on a Collier County board or committee? Yes If yes, please list the committees/boards: No Please list your community, activities (civic clubs, neighborhood associations, etc. and positions held: ( ~ ~c+t~C'~ ~c3C~) Experience: Please attach any additional information you fedpertinent. This ~pplicati~n should I~e for~rded to Sue Fil~on, Executive Board of County Coaurtissioners, 3301 East Tamim~ Trail, Naple~, FL 34112. lf yott wish, plea~t fa.~ your application w (~ e-mad to suefilson(-~collier~ov.n,t Thank you for volunteering to ~erve the citizen~ of Collier County. tanager to ~e, ez., 7 1150 Reserve Way, Apt. 302 Naples, Florida 34105 October 27, 2002 Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 ATTN: Mrs. Sue Filson l Executive Manager Dear Sir or Madam: Please allow me to introduce myself. My name is Teresa Marie Nelson and I graduated from Mars Hill College, Mars Hill, North Carolina in May of 2001 with a Bachelor of Science Degree in Computer Science. My degree contains a minor in Criminal Justice. Before moving to North Carolina to attend college, I worked full time and donated many hours to my community and the youth of Collier County. I joined the Collier County Sheriff's Explorer program in 1994 where I learned an extraordinary amount about leadership and real world experiences that occur in our community on a dally basis. ! worked my way through the ranks and at~er serving as President for two years I attained the rank of Colonel. I was the second person and the fa'st female to attain that rank and important privilege. I have moved back to my hometown, and secured a position with Clerk of the Circuit Court as a computer programmer/analyst. I have been with Mr. Brock for almost one year and am enjoying an enlightening career. I have always been interested in my Mexican heritage and I follow closely the current events that are a continuing concern to our growing Hispanic population here in Collier County. I feel that during this time of great concern for the stability and integrity of our borders, our attention must also focus on the natural tendency of some to look at all foreign visitors, as well as, culturally different residents as potential threats to national security. When this occurs, our inalienable rights as American citizens are threatened and violated. It will require a constant vigilance to keep communications open and maintain a healthy rapport between government and all the people it represents. I believe I can make a positive contribution to the Hispanic Affairs Advisory Committee and look forward to discussing my ambitions in more detail. I am available for a personal interview at your earliest convenience and may be reached at (239) 434-2969 or 239404-6140. Thank you for your time and consideration. Since. rely, ~ Teresa Nelson Enc. resume OBJECTIVE TERESA M. NELSON Plans include continuing my work in the community to keep Collier County a safe and beautiful place to raise our families and retire in. Priorities include ensnring the equal access to and repesentation by our government for all races and cultural heritages. America is built on divercity and each person should be charged ,~ith protecting our fight to be cliverae_ EXPERIENCE EDUCATION 2001-Present Collier County Clerk of Court~ Naples, FL Programmer Analyst II · Webmaster/ISS-reconstructed and maintain agency website - Dr~mweaver ~ Flash ~ Fireworks NfX, ColdFusion5 Certificate Completions · SAP Human Resources Subject Matter Expert (4.6C) · SAP Assistant Security Administrator (4.6) · Juvenile SecunLy Administrator (VMS Operating System) 1998-2001 Mars Hill College Student Government_qssodation · Executive Secretary 1999-2001 Assisted living · Residential Assistant for Stroup Dorrmtory 1998-2000 Information Technolo3' Services · Student Computer Technician 1999-2000 Mars Hill, NC Collier County Sheriff's Office 1994-1998 Student Clerk · Central Records-data entry/Eding Court Llason~data entry/working attorneys East Naples Substation-secretarial translator for the Spanish public Naples, FL with deputies, state, and defense work/ created data entry fotrns/ 1998-2001 Mars Hill College Mars Hill, NC · B.S., Computer Science w/Concentration in Webmaster and Minor in Criminal Justice 1996-1998 Edison Community College Naples, FL 1995-1996 JLW Vocational Technical Institute Naples, FL · Academy for Career Ex:lucation-Law Enforcement (Top Scholaaic A~ard) 1992-1996 Barton Collier High School Naples, FL · Gold Seal Scholar · Golden Key Award-Outstanding Community Service · Cypress Masomc Lodge Scholarship NO. _ ORGANIZATIONS/AFFILIATIONS SPAN 1998-2001 1999-2001 1998-2000 1998-2000 1994-1998 1992-1997 1995-1996 1992-1996 1993-1995 ORGANIZATION Gamma Chi Epsilon Social/Service Sorority Student Government Association Mars Hill College Assisted Living Mars Hill College Bailey Mountain Cloggers Mars Hill College Collier County Sheriff' s Explorers Cut Loose Cloggers Academy for Career Education Program - Introduction into Law Enforcement Ban'on Collier High School Cougar Band Barton Collier High School JROTC iNSTRUCTOR(S) Donna Green Dean Craig Goforth Dean Caldwell Shannon Mewborn Jay Ledford Richard Dillingham SheriffDon Hunter Sgt. Mansberger Teri Layton Camille Harris Dr. Don Pratt Mark Branson Kelly Parker Col. Coker Chief Rutizer AWARDS/ CERTIFICATES Most Social Sorority/Most Ser- vice Projects $500 Scholarship/ each year Scholarship money/ each semester Scholarship money/ each semester Golden Key Award for community ser- vice/ CCSB Assistant Director Top Scholastic Award Most Improved Sophomore ,ed 3 medals- two for leadership and grades/one Marksmanship medal llISTORY Historian, Pledge Mistress, President Executive Secretary Residential As- sistant for Stroup Domitory National Cham- pionship cloggers Post President/ Colonel - Com- peted in 2 Na- tionals Choreographer/ Instructor Community Serviced Law Enforcement Training Marching, Concert, & Symphonic Bands Adventure Training, Drill Team/ First Sergeant Pg. ,/~) List of References, Lt. Col. Terry Coker 5875 Cloudstone Ct. Naples, FL 34119 Gulf Coast High School JROTC Commander Work number: 941-593-2629 Home Number: 941-352-1228 Ms. Camille Harris 4474 23rd Pl. SW Naples, FL. 34116 Tax Collector Collier County Tax Collectors Office Work number: 941-774-8171 Dean Craig Goforth P.O. Box 6665 Mars Hill College Mars Hill, N.C. 28754 Dean of Students Work number: 828-689-1122 Mr. Odell Welborn 420 Logan Blvd. S. Naples, FL. 34119 Home number: 239-455-4054 Mrs. Candace Morris Retired MIS Director Bonita Springs, FL. Home number: 239-992-0199 * More referenc,s available upon request. Pg._// Application for_~__ ~-~,?-i ~, o ~w.._. . ~ ,~ ,_. ~.,.'~ ,,, m ~'r. e e s,,"B o a r d s Name: 239.354.2760 Cosine E. Perez 4102 Green Boulevard, Apt. 202~ Naples, FL Home Phone: Zip Code:~ Home Address: 34116 Fax No. 239-354-1566 Business Phone: 239-354-2700 e-mail address: cosmeperez45~hotmail, com Business: WYNNS INTERNATIONAL~ INC, 5263 Golden Gate Parkway~ Naples~ FL 34116- 7601 Board or Committee Applied for: HISPANIC AFFAIRS ADVISORY COMMITTEE (Miami-Dade, Category (if applicable):. NIA Example: Commission District, Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County.: Yes No__X 2002) Do you currently hold public office? Yes No If so, what is that office? N/A Do you now serve, or have you ever served, on a Collier County board or committee? Yes X If yes, please list the committeesdboards: N/A No Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: In the CiW of Naples my community activities has been limited to: 1) Participating at one of the founders' meet_in~, of the Spani.~h Chamber of Commerce for Collier County (08/02): 2) Columnist for three of the Spanish publications on issues affectinR the Hispanic CommuniW in Naples~ 3) --Interview appearance on Spanish radio and TV programs on immigration and tax issues. Education: years) 1963-1966~ Universid_~d_ Autonoma de Santo Domin~o, Dom. Rep.: Sociolo ~a~v (2.aX-,gN~~ fTEYJ Tax 1968-1973~ Various: Columbia University and New York Univ. NY: Bus. Adm. & 1973-Present: Self-study and participant in workshops~ seminars~ conferences and community forums (on taxes~ immigration~ and social issues). Experience: 1966-1973 -Executive Director of the US Chapter of the PRD (Dominican Revolutionary, Party {now in party in the Dom. Rep. -no part of it now) in New York city. 1973-1979 -Helped write special by-laws for social clubs and professional associations in the City of New York (Braves Bowling Club~ Dominican Cultural Assoc.) 1980-2001 -Mere bet of the Board of Directors of the foHowinR orRanizations: 1) Casa (1994)i (1988) Dominicana (1983-2001); 2) Golden Strand Resort & Condo Assoc. Shop Steward at Norland Branch for the Miami Postal Carrier's Union Direct and broadcast radio programs (1996-2000) Union Radio 14:50AM OTHER EXPERIENCES UPON REQUEST Please atlach any additional information you feel pertinenL This application should be forwarded to Sue F'tlson, Executive Manager to the Board of County Commissioners, 3301 East Tamiomi Trail, Naples, FL 34112. If you wish, please fax your application to (941) 774-3602 or e-mull to suefilson~f~colliergov, net <mailto:suefilson~colliergov. net>. Tkank you for volunteering to serve the citizens of Coliier Count.. Page 1 of 1 "-' filson_s From: cosmepersz~earthlink, net Sent: Monday, October 28, 2002 9:04 PM To: filson_s Subject: Hispanic Affairs Advisory Committee Dear Commissioner: Please consider my name in order to fill the vacancy at the Hispanic Affairs Advisory Committee. I am a resident of Golden Gate City and operate an tax accounting business serving, mainly, the Hispanic community. On a steady basis I write articles in three Spanish publications in the area of Naples CA Toda Marcha", "Gente Bonita", and "Nuevos Ecos") about the issues affecting the daily lives of citizens, permanent residents, and aliens of Hispanic descend. I come from Miami-Dade County, and have received certificate of recognition for my community services there. If additional information is needed, please contact me at: WYNNS INTERNATIONAL, INC. Business: 239.354.1566 Home: Future Home: Previous Address: working) Tel.: 239.354.2700; Fax: 5263 Golden Gate Parkway, Unit B, Naples, FL 34116-7601 4102 Green Boulevard, Apt. 202, Naples, FL 34116 Tel. 239.354.2760 160 12th Avenue NE, Golden Gate Estates, Naples, FL 34120 20600 NE 15th Avenue, Miami, FL 33179 (22 years) Tel. 305.651.8738 (always Other Previous Address: 790 Riverside Drive, Apt. 2-C, New York City, N.Y. 10032 (12 years) e-mail: cosmeperez45@hotmail.com The following is the press release that appears on your web page: The Hispanic Affairs Advisory Committee has 1 vacancy due to a resignation with the term expidng on June 25, 2005. This 9-member board identifies and evaluates problems unique to the Hispanic Community, reviews and recommends ways to ensure open communication between the minorities and Collier County Government and provides periodic reports to the Board of County Commissions rs. Terms are 4 years. 10/29/2002 filson s From: ~ent: O: Subiect: Cosme Perez [cosmeperez45@hotmail.com] Monday, October 28, 2002 10:49 PM filson_s Hispanic Affairs Advisory Committee application Dear Executive Manager Sue Filson: Please accept the'"attachment" as my formal application for the vacant position in the Hispanic Affairs Advisory Committee. Since residing in Naples, I have been writing in every Spanish publication serving the Hispanic community ("A Toda Marcha", "Genre Bonita", "Nuevos Ecos"), and have answered to interview for the Spanish radio and television programs about issues affecting that community in Southwest Florida. I will be more than glad to serve in the committee. If additional information is needed, do not hesitate 5o contact me. Thanks for considering. Cosme E. Perez GeE a speedy connecsicn with MSN Broad-bhang. Join now! t~p://resourcecenter.msn.com/access/D~=n~/freeacsiva~ion-asD, ~ -~ .~ Board of County Commissioners Page 1 of 2 fiison.s From: Earl Brandon [Ebrandon6@comcast. net] Sent: Thumday, October 17, 2002 6:16 PM To: fllson_s Subject: APPLICATION.doc Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Home Phone: __(941)394- Name:__Earl Brandon 6276 ltome Address:__473 South Barfield Drive, Marco Island, Florida Fax No. Business Phone:. ,Zip Code:_34145. e-mail address:. Business:_ Board or Committee Applied for:_The Hispanic Affairs Advisory Committee_ Category (if applicable): Board Member. F. xample: Commk~on Di~rict, Developer, eliviremaentaiJ~ ~y p~ ~ A~ you a ~ste~d voter ~ Coffier County: Yes * Do you cu~ntly hold public office? Yes No _ If ~ what ~ ~at o~?. No Do you now serve, or have you ever served, on a Collier County board or committee? Yes If yes, please list the committees/boards: No ~ Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: island Shrine Club 10/18/2002 Marco Board of County Commissioners Page 2 of 2 Education:,_ High School - College Level Management Courses Experience:_ Business owner in Havana, Cuba from 1940 to 1960. Sales Manager and CEO of two major U. S. Corporations in Mexico 1960-1980. Latin American Consultant from 1980 to 1995. Present status,Retired. Skills: General Office Management. Training and supervision of bi-lingual sales force. Personnel selection. Sales promotions and public relations. Computer literate. ~Married - Homeowner - Born, New York, N. Y. Please attach any ~M;~onal mform~__ 'on you fetl pertinen~ This ~n shouM be f~ w ~ ~o~ ~e M~g~ to ~e ~d of C~ Co~s~n~, 3301 E~ T~ Tr~ ~, FL 3411Z lf y~ ~h. p~e f~ yo~ ~i~n to ~1) 774-3~2 or e-~ ~ suef~o~co~gov, n~ Th~k you for v~g to s~e the ~ of C~ Coup. 10/18/2002 2093 /7 FAX NO. : Oct. 17 2882 18:35AM PI FROM : Board of County Commissioners 3301 East Tamiami Trail Naple~, FL ~4112 (94~) 774-soo7 Fax: (941) 774-3602 Application for Advisory Committees/Boards --t - '/' Board or Committee Applied for:~/n'~ Cat~gory (ffapplicable):_ Are yom a rej~tered voter in Collier County: Ye.q ~' No Do you euerently hold public office? Yes No If so, what is tktt office? ~// Do you now serve, or have you evet set'~ed, 0a a Collier Couuty board or committee? Yes No If yes, please list the C0mmittee~bO~lrdS: ed.. ~b* -,-mr ofl,,~munity activities (civic clubs, neighborhood ass(n:iations, etc. and positions 1155 Sandpiper Street D-7 Naples, FL 34102 Naplcsnina2~oi.com Hom~ (239) 732-1662 Office (239) 262-6462 Fax (239) 262-3748 Helena W. Velasco ("NinaHenmann") To utilize my experience and skills as a member of the Hispanic Affairs Advisory Board Education 2000-present Naples Language Center Naples, FL Director/Teacher of English as a Second Language (ESL) · Developed and expanded a new business into a growing service to community · Interacted with people from all over the world. · Developed new courses and programs 1998 - 1999 International College I~al Progr-~ns e.,oo~linalm' · Developed brochure and video presentation of ESL program · Promoted ESL program and recruited students internationally · Implemented new part-time evening ESL program Naples, FL 1978- 1997 American English Center Anapolis, GO. Brazil Director/English as a Second Language Teacher · Developed new business into a successful language school. · Trained teachers and administrative staffto take over on my return to USA · Increased enrollment from 12 to 500 in five years · Built facilities and opened a branch school. 1992-1997 Projeto Minha Casa Anapolis, GO. Brazil · Built and equipped "transitional homes for adoptable children" · Worked with Juvenile Court to assist in finding adoptive parents · Placed over 80 children into adoptive homes over 4 years Presbyterian College Clinton, SC Major: Sociology Minor: Religion Jackson State University Jackson, MS Institute of Modern Languages Washington, DC Training in Teaching English as a Foreign Language Bilingual Portuguese-English. Fluent in Spanish B.A. Courses toward M.A. T Certificate REFERENCES for Helena Velasco (a.k.a. Nina Velasco and Nina Herrmann) Mr. Walter Constante Lanco International 650 9m Street South Naples, FL 34102 (239) 643-9254 Dr. John White, Vice President International College 2655 Northbrooke Drive, Naples, FL 34119 (239) 513-1122 or (800) 466-8017 Ms. Karol Little, Admissions Counselor International College 2655 Northbrooke Ddve, Naples, FL 34119 (239) 513-1122 Ms. Terri Bass, CPA Parrish, Bass Urish Popeck, LLC 1020 Eighth Avenue South, Suite 1 Naples, FL 34102 (239) 262-8444 Casey Wolff, Esquire Paulich, Slack and Wolff, P.A. 801 Anchor Rode Ddve, Suite 203 Naples, FL 34102 (239) 261-0544 FROM 2002 Application for Advisory Committees/Boards Home Ih. one: ~.,, Code: Axe you a register~ voter in como.- Count~: Yes ~- No Do you cu .rrently hold public ofl3c~? Yes f~ what is thai offl~? pg._ EXECUTIVE SUMMA~RY APPOINTMENT OF MEMBER(S) TO THE GOLDEN GATE ESTATES MASTER PLAN AD HOC ADVISORY COMMITTEE OBJECTIVE: To appoint 1 member to ful£fll the remainder of a vacant term, expiring on June 26, 2003, on the Golden Gate Estates Master Plan Ad Hoc Advisory Committee. CONSIDERATIONS: This 10 member committee was established on March 27, 2001 by Resolution No. 2001-90 to assist in the developmem of any necessary Request for Proposals (RFP's) for consulting services; aid and assist in the restudy of the Golden Gate Area Master Plan. This would include assisting staffwith the review and developmem of policy recommendations from the Rural Fringe Committee and the Community Character Plan findings relative to the Golden Gate Area Master Plan; and idemify and address issues relative to the Golden Gate Mobility Study, Commercial and Industrial Land Use Study, and assessment of locational criteria for Conditional Uses. A list of the current membership is included in the backup. Mr. James Streeter resigned on September 23, 2002. A press release was issued and resumes were received from the following interested citizen: APPLICANT CATEGORY Matt Hudson f Realtor DIST ELECTOR ADV. COMM. I 5 ! Yes t GGE Land Trust Committee COMMITTEE RECOMMENDATION: Matt Hudson FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: JANUARY 14, 2003 COLLIER COUNTY GOVERNMENT COMMU~NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION PLANNING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 December 12, 2002 Ms. Sue Filson Executive Manager Board of County Commissioners of Collier County 3301 East Tamiami Trail, Turner Building Naples, FL 34112 Request by Matt Hudson for Appointment to the Golden Gate Area Master Plan Restudy Committee. Dear Ms. Filson: On Wednesday, December 11, 2002, the Golden Gate Area Master Plan Restudy Committee voted unanimously to request that Matt Hudson be appointed to the Committee position recently vacated by James Streeter. Staff therefore requests that the Board of County Commissioners consider Mr. Hudson's appointment at the earliest possible date. The next meeting of the Restudy Committee is scheduled for January 8, 2003, at 4:00 p.m. - 7:00 p.m. Meetings are generally held at the fire station located near the intersection of Golden Gate Boulevard and 13th Street, SW, behind the Golden Gate Public Library. Staff and the Committee look forward to working with Mr. Hudson on the Restudy process. Sincerely, /~ Glenn E. Heath, AICP Principal Planner Comprehensive Planning Section Collier County Board of County Commissioners CC: Stan Litsinger, AICP, Manager, Comprehensive Planning Section Margaret Wuerstle, AICP, Director of Planning Services Joseph Schmitt, Administrator, Community Development and Environmental Services Division A~.I~A IIEM ?: '! :.: I:'go Phone (941) 403-2400 Fax (941) 643-6968 www. colliergov, net Golden Gate Estates Master Plan Ad Hoc Advisory Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Karen M. Acquard 06/26/01 06/26/02 I Year 441 24th Avenue, N.E. 455-8318 06/25/02 06/26/03 1 Year Naples, FL 34120 District: 5 Category: Civic Leader Mr. Robert Ducharme 354-1592 3121 Orange Grove Trail 353-6879 Naples, FL 34120 District: 5 Category: Real Estate/Business Admin & Manage Ms. Linda Hartman 794 17th Street, N.W. Naples, FL 34120 District: 5 Category: Civic Leader 01/22/02 06/26/02 6 mo. 06/25/02 06/26/03 1 Year Chief Don Peterson 2996 44th Terrace, S.W. Naples, FL 34116 District: 3 Category: Fire Chief 261.8009 06/26/01 06/26/02 1 Year 455-1739 06/25/02 06/26/03 1 Year Mr. Douglas L. Rankin 761 17th Street, S.W. Naples, FL 34117 District: 5 Category: Attorney 455-2121 06/26/01 06/26/02 1 Year 455-3015 06/25/02 06/26/03 1 Year 262-0061 06/26/01 06/26/02 1 Year 455-1682 06/25/02 06/26/03 1 Year Ms. Ann Ward 455-1~?.~ 460 39th Avenue, NE 455-1729 Naples, FL 34120 District: 5 Category: Civic Leader/Community Activities 01/22/02 06/26/02 6 mo. 06/25/02 06/26/03 1 Year l~'ednesda~, October 23, 2002 Page I of 3 Golden Gate Estates Master Plan Ad Hoc Advisory Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Mark P. Strain 3675 Third Avenue, N.W. Naples, FL 34120 District: 5 Category: Developer/Planner Mr. Ed Carlson 3331 1st Avenue, N.W. Naples, FL 34120 District: 5 Category: Environmentalist Mr. Russell Tuff 2642 44th Terrace, S.W. Naples, FL 34116 District: 3 Category: Civic Mr. James Streeter 3191 Golden Gate Boulevard Naples, FL 34120 District: 5 Category: Law Enforcement 404-0'10,4 06/26/01 06/26/02 I Year 455-7858 06/25/02 06/26/03 I Year 348-9143 !0/22/02 06/26/03 455-94~5 8 mos 353-0444 06/26/01 06/26/02 I Year 353-1687 06/25/02 06/26/03 I Year 793-9501 06/11/02 06/26/03 I Year 353-9193 06/25/02 06/26/03 I Year Wednasday, October 23, 2002 Page 2 of 3 Golden Gate Estates Master Plan Ad Hoc Advisory Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term This 10 member committee was established on March 27, 2001 by Resolution No. 2001-90 to assist in the development of any necessary Request for Proposals (RFP's) for consulting services; aid and assist in the restudy of the Golden Gate Area Master Plan. This would include assisting staff with the review and development of policy recommendations from the Rural Fringe Committee and the Community Character Plan findings relative to the Golden Gate Area Master Plan; and identify and address issues relative to the Golden Gate Mobility Study, Commercial and Industrial Land Use Study, and assessment of Iocafional criteria for Conditional Uses. Terms are I Year FL ETA T Staff: Glenn Heath, Principal Planner:. 403-2400 l, Vednesday, October 23, 2002 Page 3 of 3 DATE: TO: FROM: MEM_ _ ORANDUM November 22, 2002 Elections Office Sue Filson, Executive Manad ' Board of County Commissione~ RE: Voter Registration - Advisory Board Appointmems The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. GG AREA MASTER PLAN ADV COMM COMMISSION DISTRICT Matt Hudson 321 13m Street, S.W. Naples, FL 34117 Thank you for your help. MEMORANDUM DATE: TO: FROM: November 22, 2002 Glenn Heath, Planning Services /,)~.. Sue Filson, Executive Manage~ ~ Board of County Commi~ioners Golden Gate Area Master Plan Ad Hoc Advisory Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Matt Hudson 321 13m Street, S.W. Naples, FL 34117 Please let me know, in writing, the recommendation tbr appointment of the advisory committee within the 41 day time-flame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments r~ov ,14 02 03: 40p VIP REALTY Board of County Commissioners GROUP 238-403-7778 p.1 Page 1 of 2 Board of County Commlssioncrs 3301 East Tamiami Trail Naples. FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for AdvisOry CmnmitteeMgoards Uomc Addr~s: ~'~__~ / /~-~WM' T. Fax NO.., q_~.~-- 75~/'~ Business Phone: zip coa :. Category (if applicable): Example: Commission District. Developer, cnvironmeatalist. I~y pcrson~ etc. Are you a registered voter in Cnllier Cnnnty: Yes ?~" No Do you currently hold public office? Yes ~ No Do ¥ots now serve, or have you eve.~ served, on :4 Cailler CramW bmod or ~mitt~? Yc~ ~ No ! Please list ypur community activities (civic clubs, neighborhood associations, etc. and positions If yos, http://¢ollicrgov.net/gov/app-htm 11 / 1412002 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE COLLIER SCHOOL READINESS COALITION OBJECTIVE: To reappoint 1 member to a 2-year term, expiring on January 14, 2005, on the Collier School Readiness Coalition. CONSIDERATIONS: An act relating to school readiness, creating s.411.01, F.S., established the Florida Partnership for School Readiness for purposes of administering the School Readiness Program. Each coalition shall have at least 18 but not more than 25 members and one of those members must be appointed by the Board of County Commissioners. The legislation calls for the forming of local coalitions who will direct state funds for Pre-K and subsidized child care, establish a single point of entry with unified waiting lists and establish a universal screening mechanism. A list of the current membership is included in the backup. A letter dated November 8, 2002 was received l~om Ms. Dorothy C. Ferguson requesting that Ms. Barbara Mainster, Executive Director of Redlands Christian Migrant Associmion be reappointed to a 2-year term. COMMITTEE RECOMMENDATION: Barbara Mainster FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, reappoint 1 member, and direct the County Auorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson~ Executive Manager Board of County Commissioners Agenda Date: JANUARY 14, 2003 3301 East Tamiami Trail · Naples, Florida 34112 - 4977 (239) 774-8097 · Fax (239) 774-3602 Donna FlaJa District 1 James D, Carter, Ph.D. District 2 Tom Henning Dis~ct 3 Fred W. Coyle District 4 Jim Coletta District 5 November 18, 2002 Ms. Dorothy C. Ferguson Consultant Collier School Readiness Coalition 169 Airport Road South Naples, FL 34104 SUBJECT: Board of County Commissioner' s, Appointee to the Coalition Dear Ms. Ferguson: Thank you for your letter of November 8, 2002 regarding re-appointment of Ms. Mainster to another term on the Collier School Readiness Coalition. I assure you that I will keep your recommendation in mind when this comes before the Board of County Commissioners. I cert_ainly appreciate you sharing your views on this issue. My decisions are influenced greatly by the communication I receive from those affected by my actions and will continue to play a significant part in the outcome of Government decisions. I welcome your continued communication on this and other matters of County Government. In addition to my office address, I can be reached by phone at (239) 774-8097, by fax at (239) 774-3602 or by e-mail at jimcoletta(~coiliergov.net JC: nkr ~c~OO~ Rcadine~ Working Together to Ensure Success Ch/Id · F~mily · Community · School November 8, 2002 Mr. Jim Coletta, Chair Board of County Commissioners 3301 Tamiami Tr E Naples FL 34112 Dear Mr. Coletta: At today's monthly meeting of the Collier School Readiness Coalition, ~he members directed me to write this letter regarding the Board of County Commissioners' appointee to the Coalition, a legislatively mandated position. As you know, Barbara Mainster, Executive Director of Redlands Christian Migrant Association, has served in this position since the inception of the Coalition, December 1999. The Board has appointed Ms. Mainster for one-year terms. Her current term expires 3anuary 9, 2003. We are asking at this time for a letter of re-appointment of Ms. Mainster. Ms. Mainster has been an important member of the Coalition, ably representing the Collier community and assisting in the implementation of a strong collaboration among all the agencies involved with the Coalition. Enclosed is the list of current members. Thank you for your support of the Coalition and its mandate. YC~urs truly, Dorothy C. Ferguson Consultant 269 Airport Road South · Naples, Florida 34104 · Phone: 941/643-3418. Fax: 941/643-4906 · E-mail: rrcollier@aol,com ~¢~oo~ Readine~ Wo~ing Toge?he~ ~o Ensure Success Child · Family · Community · School COLL.tER SCHOOL READINESS COALTI'~ON MISSION STATEMENT The Call/er School Readiness Coalition works in collaborat/'on with the community to ensure that all children who enter school are ready to learn and to support those in school for cant/hued success. Current Members November 2002 Officers: D. Keith Wickenden, chair Patricia Gulley, vice chair Kathleen McPhillips, treasurer Karen Stelmacki, secretary Economic Development Council nominee Grant, Fridkin, Pearson, Athan & Crown, P. A. Health Department designee Collier County Department of Health Distdct Administrator appointee Department of Children & Families District Superintendent of Schools designee Collier County Public Schools Members: Cornelius Cacho Clay Cone Hallie Devlin Mary George Economic Development Council nominee Private citizen Economic Development Council nomin~ ~. First National Bank Corporation District Administrator designee Department of Children & Families District School Board appointee Community Foundation of Collier County AGEND~,rrEM ~ NO. ~ 269 Airport Road South. Naples, Florida 34104. Phone: 941/643-3418. Fax: 941/643-4906 · E-mail: rrcollier@aol.com Barbara Mainster Patdcia Mc]:ntyre Rhea Mike MaryAIIyn Moore Lucy Ortiz 3oseph Paterno Glennie Perkins Myra Shapiro Laura Stacell Tami Wallace Board of Collier County Commissioners appointee Redlands Christian Migrant Association Faith-based childcare provider representative St. Mark's Learning Center Central childcare agency administrator Child Care of Southwest Florida, Childcare licensing representative Department of Children & Families Immokalee Chamber of Commerce nominee Shelter for Abused Women of Collier County Regional Workforce Development Director Economic Development Council nominee Private citizen Golden Gate Chamber of Commerce nominee Naples Alliance for Children Head Start Director Collier County Public Schools Pdvate childcare provider representative Small World Child Development Center (18 members, 18-25 required) Contact Person: Dorothy C. Ferguson Fiscal Agent: Child Care of Southwest Flodda, ]:nc. EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY CITIZENS CORPS OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on November 5, 2005. CONSIDERATIONS: This 11 member committee was established on November 5, 2002 by Ordinance No. 02-56 to provide information to the citizens of Collier County and to act as a coordinating agency for the enhancement of activities that support emergency services, law enforcement and disaster prevention, preparedness and response. The committee will assist in the recruitment of volunteers by publicizing and expanding existing community programs such as: Medical Reserve, Neighborhood Watch, Community Emergency Response Teams, Volunteers In Police Service & other public safety and law enforcement programs. They will also facilitate communication between Collier County & State & Federal agencies on mitigation activities as well as to enable Collier County to identify outside resources such as grants, training opportunities and equipment. A list of the current membership is included in the backup. Mr. Ray Cadwallader, representing RSVP resigned on November 22, 2002. COMMITTEE RECOMMENDATION: Gerald (Gerry) Sugarman, representing RSVP FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: JANUARY 14, 2003 Pg I Board of County Commissioners .t .,_ · . .... .,' [,'~ ~ / ~- ~.' I 3301 East Tam,am, Trail Naples, FL 34112 (239) 774-809 Application for Advisory Committee/Boards Name:I Gerald (Gerry) Su~arman Home Address: 816 Bentwood Drive, Naples, FL Fax 239-597-5444 I B usi ness Ph° ne= 1524349i597' No. I I , Business: '.N/A Retired Home Phone: !239-597-5444 I Zip Code: !34108-8203 e-mail add ress: I Gerrysugie~ao l.com; Board or Committee Applied for: i Citizens Corps Catagory (if applicable): Example: Commission District, Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County: Yes Do you currently hold public office ? Yes If so, what is that office ? ] Do you now serve, or have you ever served, on a Collier County board or Committee? If yes, please list the committees/boards: i Yes Please list your community activities (civic clubs, neighboorhood associations, etc.) and positions held: I Naples 1998 "Volunteer of the Year." Active memberships CERT, N. Naples Irire Dept.; Teacher, AARP Driver Safety Program (10 yrs); Board member, ;Orangutan Foundation International. Formerly: VP of membership & VP fundraising for Iemple Beth Torah, NY; Neighborhood Watch Team, NY; Nolunteer Naples Police Department. Education: l B.S., Pharmacy, Fordham University.; Post-Graduate, Microbiology Program, Wagner College Experience: {Former owner & CEO of Hillside Pharmacy, Inc., NYC & .business consultant. ~onsultant to Empire State Pharmaceutical Society; served m US Peace Co.rps ~Paraguay, 1989-.91) in small enterprise development & as a business consultant n several projects for the international executive service corps. Have worked on arious research projects involving animal behavior & architectural digs in 30 untries. Visited 229 different countries. Licensed airplane pilot & certified uba diver. Please attach any additional information you feel pertinent. This application shouM be forwarded to Sue Filson, Executive Manager to the Board of County Commissioners, 3301 East Tamiami Trail, Naples, FL 34112. Ifyou application to (941) 774-3602 or e-mail to suefilson~,,colliergov, net. Thank you for volunteering to sci ,e pg. ~ RSvP The Retired and Senior Volunteer Program Sharon Downey, Project Director Telephone 239-774-8&33 Carolyn Nuloer, Project Coordinator Fax 239-732-2604 Administration Building Email RSVP@NAPLES.NET 3301 E Tamiami Trail Website www.naples.net/presents/rsvp/index.htm Naples, FL 34112 Mr. Gerald Sugarman 816 Bentwood Ddve Naples, FL 34108 Dear Gerry, I am writing to ask you to accept the RSVP seat on the Collier County Citizen Corps Council. You have demonstrated a commitment to community service dudng your ten years as an active RSVP Volunteer. Your association with Habitat for Humanity, AARP and the North Naples Fire and Rescue Unit account for over 4,000 hours of service. I can think of no one more qualified to represent RSVP of Collier County and its one thousand volunteers. The Citizen Corps will act as an advisory council on Homeland Secudty to the Collier County Board of Commissioners. Thank you for your consideration, Sha on Downey, Project Director J.~,N ! ~ 2003 pg. Collier County Citizens Corps Name Ms. Carol Holle Pahi 2501 Sailors Way Naples, FL 34109 District: Work Phone Appt'd Exp. Date Home Phone DateRe-appt 2ndExpDate 774-8999 597-3759 11/05/02 Category: Community Emergency Response Team CERT Ms. Deborah Horvath 3060 Round Table Lane Naples, FL 34112 District: Category: American Red Cross Mr. Robert Rohland 825 Ketch Drive, #203 Naples, FL 34103 District: Category: Salvation Army 596-6868 775-8668 11/05/02 775-9447 434-0834 /05/02 Ms. Nelda Miller 263-4205 11/05/02 2463 10th Street, North 261-0642 Naples, FL 34103 District: Category: Collier Emergency Response Volunteers CERV Captain Tom Kuznar 8063 Palomino Drive Naples, FL 34113 District: Category: Civil Air Patrol CAP Mr. James H. Elson 680 8th Avenue, South Naples, FL 34102 District: Category: Collier County Veterans Council 2724805 11/05/02 775-3798 860-0009 11/05/02 434-2652 11/05/06 11/05/06 11/05/06 I 1/05/05 11/05/06 11/05/06 Thursday, December 05, 2002 Page 1 of 3 Term 2nd Term AGE. NDA No._ dc,- Collier County Citizens Corps Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Charles E. Graves 598-7586 1280 Wildwood Lakes Blvd, Apt 104 354-0904 Naples, FL 34104 District: Category: Business & Industry (Chamber) 11/05/02 11/05/05 Chief Don Peterson 455-2121 2996 44th Terrace, S.W. 455-3015 Naples, FL 34116 District: Category: Collier County Fire Chiefs Association 11/05/02 Mr. Walter R. Jaskiewicz 420 South Barfield Drive 389-0723 Marco Island, FL 34145 District: Categoo': Coast Guard Auxiliary Mr. Rayburn Cadwallader (~0~ 1090 Egrets Walk Circle Naples, FL 34108 District: Categoo,: Retired Senior Volunteer Program RSVP 11/05/02 11/05/02 514-4082 11/05/05 11/05/05 11/05/05 Mr. Robert Burhans 774-4434 3301 E. Tamiami Trail Naples, FL 34112 District: Category: Collier County Neighborhood Watch 11/05/02 11/05/05 Thursday, December 05, 2002 Page 2 of 3 Collier County Citizens Corps Work Phone Appt'd Exp. Date Term Name Home Phone. DateRe-appt 2ndExpDate 2nd Term This 11 member committee was established on November 5, 2002 by Ordinance No. 02~'~to provide information to the citizens of Collier County and to act as a coordinating agency for the enhancement of activities that support emergency se~ices, law enforcement and disaster prevention, preparedness and reslxmse. The committee will assist in the recruitment of volunteers by publicizing and expanding existing community programs such a~ Medical Reserve, Neighborhood Watch, Community Emergency Response Teams, Volunteers In Police Service & other public safety and law enforcement programs. They will also facilitate communication between Collier County & State & Federal agencies on mitigation activities as well as to enable Collier County to identify outside resources such as grants, training opportunities and equipment. FL STAT President through the Office of Homeland Security Staff: Jim von Rinteln, Emergency Management Department: 774-8444 Thursday, December 05. 2002 Page 3 of 3 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE ISLE OF CAPRI FIRE CONTROL DISTRICT ADVISORY COMMITTEE OBJECTIVE: To appoint 3 members to serve 2-year terms, expiring on December 3 I, 2004, on the Isle of Capri Fire Control District Advisory Committee. CONSIDERATIONS: The Isles of Capri Fire Control District Advisory Committee had 3 terms expire on December 31, 2002. This 5-member committee advises thc Board on thc budget and operation of thc Isles of Capri Fire Control District. Terms are 2 years and members must reside within thc boundaries of the Isles of Capri Municipal Fire Services Taxing District. A list of thc current membership is included in the backup. The terms for Gary E. Griffes, Jerilyn Neuhaus and David E. Eiler expired on December 31, 2002. A press release was issued and resumes were received from the following 3 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Jerilyn Neuhaus- Resides within District I [ Yes IOC Fire Control District REAPPT ~ Yes Advisor)' Committee Benjamin F. Pearson ! Resides within District I~ l None J. Jay Cavanaugh Resides within District [ l Yes None NOTE: Section Seven (B) of Ordinance 2001-55 states "Terms of office/'or Board members shall be limited to two consecutive terms of service on any one Board..." Under (D) of the same section, it is noted that "By a unanimous vote of the Commission, the limitations set forth in subsection (B) above may be waived". According to available records, Jerilyn Neuhaus has served 2 terms. Should the Board wish to re-appoint Ms. Neuhaus, the limitations on two consecutive terms will need to be waived. COMMITTEE RECOMMENDATION: All applicants meet the requirements; no recommendation. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 3 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: JANUARY 14, 2003 No.AGENDA~'/t/~, ITEM ag. / Memorandum To: Sue Filson, Executive Manager From: Date: Subject: Kenneth Pineau, Director Emergency Management December 20, 2002 Isles of Capri Fire Control District Advisory Board Chief Rodriguez has informed me that the terms of three Isles of Capri Advisory Board members expire December 31, 2002. As of January 1. 2003. the Advisory Board will have too few members to form a quorum and will be unable to Perform its functions an advisory board to the Board of County Commissioners. Emergency Management Department AGENDA ITEM filson s From: Sent: To: Subject: pineau_k Friday, December 20, 2002 4:40 PM filson_s RE: Isle of Capri Advisory Board The Chief talked to Mr. Cavanaucjh last week and he is qualified. Original t4essage.--- From: filson_s Se~t: Fdday, December 20, 2002 3:53 PM To: pineau_k Subject: RE: [sl~' of Capri Advisory Board Thank you. I just receive one more from J. Jay Cavanaugh, 8599 Pepper Tree Way, Naples, FL 34114. P~ease let me know if he is okay as well and I'll add him to the agenda too. Execz~t i¥ ¢ L1ff~zna~¢r, BCC (239) 774-8o97phone (239) 774-8865 f~zx suefilson@colliergov, net <mailto:suefilson@colliergov.net> ..... Original Hessage- .... From: pineau_k Sent: Riday, December 20, 2002 3:~8 PH To: filson_s Subject: Lsle of Eapn Advisory Board Sue, according to Chief Roddguez, both applicants are qualified to serve on the Advisory Board. Isles of Capri Fire Control District Advisory Committee Ms. Tara LaGrand "o 12693 E. Tamiami Trail Naples, FL 34113 District: 1 Category: Mr. Gary E. Griffes 105 Jamaica Drive Naples, FL 34113 District: 1 Category: Work Phone ~4ppt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 389-4206 01/25/00 12/31/01 2 Years 12/11/01 12/31/03 2 Years 01/12/99 12/31/00 2 Years 389-1264 01/09/01 12/31/02 2 Years Mr. Morris James Louis 25 Capri Boulevard Naples, FL 34113 District: 1 Category: 09/14/99 12/31/0l 2 Years 389-0371 12/I 1/01 12/31/03 2 Years Ms. Jerilyn Neuhaus 156 Capri Boulevard Naples, FL 34113 District: 1 C~tegory : 01/12/99 12/31/00 2 Years 642-7511 01/09/01 12/31/02 2 Years Mr. David E. Eiler 112 Capri Boulevard Naples, FL 34113 District: 1 Category: 01/12/99 12/31/00 2 Years 642-7546 01/09/01 12/31/02 2 Years Wednesday, December 12. 2001 Page 1 of 2 Isles of Capri Fire Control Distdct Advisory Committee Name ge'ork Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member committee was created by Ord. No. 75-09 to advise the Board of County Commissioners on the budget and operation of the Isles of Capri Fire Co,3h-ol Dis~'ict. Membem must reside within the boundaries of the Isle of Capri Municipal Fire Services Taxing District. Terms are 2 yeats. FL STAT 125.01 Staff.. Chief Emilio Roddguez, Isles of Capri Fire Depart: 394-8770 l&'ednesday, December 12, 2001 Page 2 o]'2 MEMORANDUM DATE: TO: FROM: December 20, 2002 Chief Emilio Rodriguez Sue Filson, Executive Manag~~.-7/'~ Board of County Commissione~' , v Isles of Capri Fire Control District Advisory Ct)mmittee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Jerilyn Neuhaus 365 Capri Boulevard Naples, FL 34l 13 Benjamin F. Pearson 152 E. Hilo Street Naples, FL 34113 J. Jay Cavanaugh 8599 Pepper Tree Way Naples, FL 34l 14 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments .]erilyn Neuhaus 365 Capri Blvd. Naples, FL 34113 (239)825-6455 - m6bile Collier County Board of Commissioners AL-tn: Sue Filson Fax # 77,~-3602 Dear Ms. Filson: , Thank you for letter advising me of the expiratiod of my term on the Isles o¢ Capri Fire District Advisory Board. I would like to jre-apply for that position. However, should you receive enough qualified apP icants for the vacant positions, I would hope tt~ey would receive consic~eration fi!rst. New blood is alway~ a good thing! I have been a Capri resident, owner and taxpayeri for 7 years. Currently, ! work for Christopher Realty, !nc. here on Capri. I havei participated actively in the budgeting process and the millage rate increase on behalf of our Advisory Board and I believe ]: have a great deal to offer by staying on. Should you need to contact me, please note that [ use my business address (365 Capri Blvd.) rather than my home address (156 Capri Blvd.) for receiving mail. Thank you for your consideration and let me know if you require any additional information. Sincerely, Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 .... (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Name: "~.1"~'~'~g'3 ~'Z'. 9~t~&~..~ HomePhone: ~g~ Home Address: ~ ~' ~co ~. ~g~e$ ~ ~ ZipCode: ~l~ Business Phone:~ 3q q '~ ~ g ~ ~mail address: ~ ~ Fax ~o. 3~.~ g ~ Business: ~__Ak~A e'~~:~'t''T ~ '. Board orCommitteeAppliedfor: ~S~e~ O~ ~Pg~ ~ ~' Catego~ (if applicable): ~ ] ~ Example: Commission Dis~ct~Developer, en~ronmentalist, lay person, Are you a registered voter in Collier CounD': Yes / ,_No Do you currently hold public office? Yes No tf so, what is that office?. Do you now se~e, or have you ever se~ed, on a Collier Count' board or commi~ee? Yes If yes, please list the commiRees/boards: No ~' Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: I I~ & ~ Please attach any n_##i_fional information you feel pertinen& This apt~iica~i°n sh°uM be f°n~'arded t° $ue Fils°n' Execut~e Manager t° the Boant ~f Coungy Commissioners, 3301 East Tatstiami Tra~l, Naples, FL 34112. If you wish, please fax your application to (941)774.3602 or eomail to s#e~lson~W~oll~er~ov, net Tha~l~ Y°u f°r v°lunteermg t° serve the cilizens °f C°lt~er C°unlY' 12/20/2002 15:59 94i775009! CAVAN~UGH P~Z~E Bi 8599 PEPPER TREE WAY', NAPLES. FL 34114 TEL: (239) 775-0044 *'FAX: (239) 775-0091 941775009! C,~VI~NAUGH Pi~,-E: 02 2/2012002 ~.5:59 j. JAY CAVANAUGH ~ut~ Manager, IS(:C Collier County Government Bld~ Naples, FL Dear M~ Filson: I am interested in becoming a candidate to serve on the Boaed of Directors of the Isles of Capri Fb'e Dep~L,,~ent be$inning in January of 2003, Pea' your request, I am enclosing a brief resume gi~ng my bu.~inc~s badtground as well as some personal information. Thank y~u t'or your attemion. (sincerely' / ~ 8599 PEPPER TREE WAY * NAPLES, FL * 34114 I~HONE: (239) 775-0044 ' FAX: (239-775-0091 12/20/2002 15:59 941775009! C~VC2d',I~,LIC~ Pd~d~ 03 hid of County Commissioners ~1 Fait Tlmllmli Trill NlPie~ FL 34112 (941) Application for Advisory Committees/Boards .,.,,i _~'/ .~..,~ ___,_.~, _~.-,,,,,..:_~-~.~ oo,~. cmeg~ (it' qaWicd~):. Are you a regimred your ia Collier County; Yes v'/' No Do yom cmrrmtly h(dd pablk office? Yes No ~f~ wll~b tkm efllm? Do yma Bow &'rye, er imve ~ ~ eerv~l, OB · Collier Cmmfy _]qesoe,,~s~ yml..t.c~nm_ _unit~ acdv~flel (c~vjj.C.C~b$, uds:hborbood UfocimioM, etc,,nod po~JtJo~ · ,~ ~Gr.r, 'e~.e_l~ :t ~ · - 12/20/2002 15:59 9417758891 J. JAY CAVANAUGH 8599 Pepper Tree Way N&plM. FL 34114 Tel: (94 ) 775-O044 Fax: (941) 775-00 a retired major e)mcutlve oflk~r M Robert W. ~ & ~, I~m~, m f~ ~ ~1 b~e a~ i~nt ~ ~ end eubMdim~ ~ No~~rn ~ LiM. I ~ in Bei~'~ ~in o~ M Mi~u~, W~nsin, ~ o~r ~nW y~m end ~ e~ne~ ~n~t, u~Ung, b~i~, ~e~ ~ ~nking ~ibi~ in ~ areas M Publ~ F~, F~ 1~ ~ ~n~ipll ~ Fr~) ~l. I also le~ ~ ~ ~~ of ~ flrm'm Inv~t Poli~ C~~, Em~ a~ I~e~t Ra~ ~i~ and Inv~ a~ C~! ~mmi~nt ~i~e. i ~ di~ in~ in t~ s~flng, p~ and ~M ~x-ff~ finan~n~s over ~ ~ year ~ri~, havi~ al~ dir~ ~n~ unde~fi~ a~ ~ing desk on a d~y-t~ay b~l~ ~m 1975 ~mugh 1~9. At ~ ~in ~s ~ p~m=flly ~ muni~pal germans in~nt ~nki~ until ~m~. During ~is ~ I ~s ~nior Inv~nt ~nker on over ~ billion of fln;nOn~ ~nag~ by my fl~ ~r t~ S~te of Wit~nsin, i~ ~encies a~ Ml~uk~ ~unH. For ~n yearn I sew~ as a ~mb~ of ~e Financ~l S~e of ~=consin to ~i~ I ~s =ppoint~ by ~ Govemo~ Dm~s and Earl. I ~1~ ap~in~d ~ ~e Public Finance Commi~e of The ~cuHfles Industw ~ocia~on (8~)duflng 19~ ~nd 1965. P~or to ~lni~ ~iM in ~ 975, I spent 15 yearn in ~e invet~ent banking bumne~s Phil~etphia. Whi~ ~m I ~s a ~m~r of ~e Bond Club of Philadelphia. · g~uate of Com~l Unlvemi~ ~th a ~ d~ in E~mi~ and Finan~. i did p~t g~ua~ ~ ~ ~e Un~ersi~ of Pennsylvania Wha~on Graduate S~I of Finan~. ~, Pat, and I took p~mi~ of our ho~ in FMd~ C~k ~t ~ end of Janu=~ of 1~ and am ~1~ mti~ntt. We =m ~lso fl~h=m ~em at Eag~'s N~t on ~ Island, hsving ~on~ ~ere sin~ the eaW 1 ~0's. We EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE PARKS AND RECREATION ADVISORY BOARD OBJECTIVE: To appoint 3 members to serve 4-year terms, expiring on December 31, 2006, on the Parks and Recreation Advisory Board. CONSIDERATIONS: The Parks and Recreation Advisory Board had 3 terms expire on December 31, 2002; one representing Immokalee and two representing the urban area. Representation on thi.~ board consists of 1 member from the Immokalee Community Park District, and 6 members fi.om the Naples and Urban Area Community Park District. This 7- member board advises the Board of County Commissioners on matters pertaining to the acquisition, development and programs involving the County's park facilities. Terms are 4 years. A list of the current membership is included in the backup. The terms for Lindy D'Amico, Frank Donohue and Edward Olesky expired on December 31, 2002. A press release was issued and resumes were received from the following 6 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Lindy D'Amico- Urban WITHDREW Edward R. Olesky Immokalee Steven W. Perkins Urban James J. Hennink Urban Ronald J. Brown Urban Frank Donohue Urban 2 Yes PAP, AB None None None None COMMITTEE RECOMMENDATION: Immokalee - Edward R. Olesky Urban- Frank Donohue Urban- Ronald Brown FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recom nendation for appointment, appoint 3 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: JANUARY 14, 2003 A~DA ITEM Pg. Parks and Recreation Advisory Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 403-5130 06/22/99 12/31/02 3 Years 649-4093 Ms. Lindy D'Amico ! 202 Sola~aa P.~.ad/~.0. ~o., t~l$~qO Naples, FL 24103, ~tdlol District: 4 Category: Urban Ms. Mary Ellen Rand 550 110th Avenue, N. Naples, FL 34108 District: 2 Category: Urban Mr. John MacDougall 9809 Whitshall Street Naples, FL 34109 District: 2 Category: Urban 437-4601 10/26/99 12/31/01 2 Years 514-3763 12/I 1/01 12/31/05 4 Years 370-3304 10/22/02 12/31/03 598-4105 Mr. John P. Ribes 218 Woodshire Lane Naples, FL 34105 District: 4 Category: Urban 1 Year Mr. Frank Donohue 5961 Westport Lane Naples, FL 34116 District: 3 Category: Urban Mr. Edward Oleskv 6001 Lake Traffom Road Immokalee, FL 34142 District: 5 Category: Immokalee 2614007 10/24/00 12/31/03 3 Years 5974575 05/28/02 12/31/02 353-8584 / 6 months 2/' Wednesday, October 23, 2002 05/26/98 12/31/98 7 Months / 1/12/99 12/31/02 4 Yrs. 657-2401 Page I of 2 AOENDA ITEM Parks and Recreation Advisory Board Sa~ Mr. Charles M. McMahon, Sr. 4416 27th Court, S.W. Naples, FL 34116 Disirict: 3 Category: Urban Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 353-2055 01/22/02 12/31/05 4 Years This 7 member committee was created by Guidelines established on 11/25/75 and confirmed by Ord. No. 93-81 to advise the Board of County Commissioners on any matters concerning acquisition, development and programs involving parks and recreation facilities in Collier County. Membership consists of 1 member from the Immokalee Community Park District, and 6 members from the Naples and Urban Ama Community Park District. Terms are 4 years. FL STAT Staff. Mada Ramsey, Parks and Recreation Director. 353-0404 R~edn~sday, October 23, 2002 Page 2 of 2 Memorandum To: From: Sue Filson, Executive Manager Board of County Commissioners Maria Ramsey, Director Parks and Recreation De~arthi'ent Date: December t9, 2002 Subject: PARAB Appointments At the December 18th, 2002 meeting of the Parks and Recreation Advisory Board, the following recommendations were made: [mmokalee District: Edward R. "Ski" Olesky Urban District: Lindy D'Amico withdrew her application - copy of memo attached. Ranked # 1 - Frank Donohue #2 - Ronald Brown #3 - Steve Perkins #4 - James Hennink PARAB is recommending that Frank donohue and Ronald Brown be appointed to the two vacant positions in the Urban District. Should you have any questions, please advise. Attachment Parks and Recreation Department grion ~ank Fa×:259-405-5146 Dec 18 20C2 12:28 December 18, 2002 Ms. Maria Ramsey, Director Collier County Parks and Recreation Department Via Fax: (239) 353-100¢, Re: Parks and Recreation Advisory Board Dear Maria' As you know, my term as an Advisory Board member expires this month, and ! have submitted my application to be considered for an additional term of service. However, in light of the number of qualified individuals who have submitted applications and would like to serve, and in consideration of my increasingly demanding work schedule that has prevented me on more than one occasion recently from attending a regular meeting, ! am by this notice withdrawing my application for an additional term of service. A schedule conflict today will keep me from delivering this letter in person, but it has been my honor and certainly my pleasure to be associated with my fellow board members, you and your wonderful staff. ! will continue to support you and your efforts on behalf of our community and wlsh you all the best. Sincerely, Lindy D'Amico ~,X ~,, MEMORANDUM DATE: TO: FROM: November 1, 2002 Elections Office Sue Filson, Executive Managq~ Board of County Commissioners RE: Voter Registration - Advisory Board Appointmems The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. PARKS AND RECREATION ADV BD COMMISSION DISTRICT Ronald J. Brown 163 Caribbean Road Naples, FL 34108 Frank Donohue 5961 Westport Lane Naples, FL 34116 Thank you for your help. MEMORANDUM DATE: November 25, 2002 TO: FROM: Elections Office Sue Filson, Executive Board of County Commissionet'W, Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointmem to one of the county's advisory committees. Please let me know ii'those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. PARKS AND RECREATION ADV BD COMMISSION DISTRICT Lindy D'Amico 6099 Shallows Way Naples, FL 34109 Edward R. Olesky 6001 Lake Trafford Road Immokalee, FL 34142 c/es Steven W. Perkins 804 Reef Point Circle Naples, FL 34108 Thank you for your help. Pg--- _7 MEMORANDUM DATE: TO: FROM: November 1, 2002 Maria Ramsey, Parks and Recreation Director Sue Filson, Executive Manager~ ° Board of County Commissioner, v_,/ ' Parks and Recreation Advisory Board As you know, we curremly have 3 vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Ronald J. Brown 163 Caribbean Road Naples, FL 34108 Frank Donohue 5961 Westport Lane Naples, FL 34116 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Pg. ~ 3301 East Tamiami Trail Naples, FL 341i2 (239) 774-8097 Fax: (239) 774-3602 Application for Advisory Committee/Boards Name:I Ronald J Brown Home Address: I 163 Caribbean Road Fax No. i t Business Phone: Business: i MVP Baseball/Softball Academy Board or Committee Applied for: I Parks and Recreation Catagory (if applicable): Example: Commission District, Developer, environmentalist, lay person, etc. I Home Phone: ~66-8259 1 Zip Code: 134108 t513-9273 t e-mailaddress: l Are you a registered voter in Collier County: Yes ]Yes Do you currently hold public office ? Yes I I ~o !NO If so, what is that office ? Do you now serve, or have you ever served, on a Collier County board i Yes i or Committee? Yes '. No If yes, please list the committees/boards: i Environmental Advisory Board ' ~ Please list your community activities (civic clubs, neighborhood associations, etc..) and Positious held: I Pine Ridge Civic Association, (Chairman) Traffic and Safety Committee Education: I BA, University of Louisville, MBA, Florida Gulf Coast University Experience: 1996 to Presem, Youth sports coach,( Baseball, Soccer, Basketball) YMCA, North Naples Little League, AAU :And USSSA. NCAA Divl College Athlete (University Of Louisville) , , RONALD JEFFREY BROWN 163 Caribbean Road Naples, Florida 34108 (941) 566-8259 Home (941) 513-g273 Office rjb163~earthlink, net EMPLOYMENT MVP Baseball/Softball Academy Naples, Florida President (Founder) May 2002- Present MVP is a company formed to conduct the business of indoor athletic training in the sports of Baseball and Softball. The primary focus of MVP is to provide high quality all encompassing professional instruction to athletes and prospective athletes in the sports of Baseball and Softball. Inclusive of sport specific conditioning, nutrition, rules, sportsmanship and sports ethics. MVP's services are available to all ages and genders. Our staff will instruct players in the correct methods of achieving high athletic performance to both the recreational player as well as the future collage athlete. Angel Care America, Inc. Naples, Florida Florida Regional Vice President April 2001 - Feb 2002 Angel Care America is a newly formed company that provides comprehensive outpatient treatment of people and families affected with AIzheimer disease. As Regional Vice President my role is to locate and develop new clinics around the state of Florida. Additionally I am responsible for the oversight of the clinics management and supervision. Our clinics are a new model of care for people with Alzheime~s that focuses exclusively on the care and treatment of this specific disease process. Angel Care America provides Medical care and support services for the patient and pdmary caregiver. MedScript Services Inc. Naples, Florida president and, (Owner) July 1998 - Present MedScript Services is a Medical Transcription and medical document solutions company. Originally founded in 1987 MedScript has served the Naples Medical community as a niche specialty provider. Since July of 1998 the company has grown five fold. My function during this time has been to restructure the company in terms of operations and financing. Inclusive of recruiting and developing a new management team for day-to-day operations. MedScript utilizes the latest technologies in digital recording, networking and Internet applications and is now well positione as the provider of choice. PAR, Inc. St. Petersberg, Florida Executive Vice President and C,O.O., March 1995 - July 1998 pg. /~. Administratively responsible for the management of the company's supp~/t'~flTc~------'~ departments. Responsibilities included budgetary development and compliance, development of short term and long term strategic plans, oversight of general management issues related to clinical operations of the company. Administrative support departments include: Information Services, Public Affairs, Research, Quality Improvement, Corporate Compliance, Utilization Management and Utilization Review Systems as well as Health Services and Strategic Planning. Managed Care contract management and contract negotiations. PAR contracted with 12 different MCOs for the treatment of Behavioral and Mental health disorders. Bentley Village, Classic Residence by Hyatt Naples, Florida Director of Healthcare Services, September 1990- March 1995 Managed the planning, construction and opening of a, 93-bed nursing center, developed the operating policies and systems. Developed and opened 18 and 30 bed assisted living facilities, a home health agency, and a physician outpatient clinic. I was responsible for the overall management, strategic planning, marketing and financial viability of all five health care products. Central Park Lodges, Inc. Sarasota, Flodda Administrator/CEO, March 1988- September 1990 Provided management and direction to achieve the highest level of care and customer satisfaction. Developed and implemented strategies for Medicare and Medicaid reimbursement maximization. Developed recruitment strategies to attract and maintain professional medical staff. Provided necessary in-house leadership to turn this under- producing facility around. National Heritage, Inc. Atlanta, Georgia Regional Director, December 1986 - January 1988 Responsible for the overall profitability and operating efficiency of 7 to 22 nursing centers throughout Florida and the Southeast United States. Provided direction and consultation to the facilities' administrators in maintaining quality resident care and customer satisfaction. Provided coordination in the development of policies and procedures so that the centers maintained compliance with company, local, state and federal standards and regulations. Responsible for the recruitment, retention and supervision of the facilities' administrators. Acted as liaison between administrators and corporate management. Communicated financial and operational information to the corporate officers and investment fund managers. Maintained Medicare and Medicaid provider relationships. Maintained cost controls in program reimbursement reporting. Provided corporate representation to state associations, FIodda legislature and Regulatory agencies such as Health, Licensure and Planning to keep abreast of new industry trends and governmental policies. Manor Care, Inc. Naples, Florida Administrator, June 1984 - December 1986 Provided leadership and direction for the profitability and operating efficiency of the facility and maintained high-quality resident care and customer satisfaction. Developed, implemented and maintained policies and procedures that satisfied company local, state and federal standards and regulations. Responsible for the in-house marketing program and provided the highest possible' visibility in community organizations to promote community awareness. Bradner Village Healthcare, Inc. Madon, Indiana Assistant Admini~or/Bu~nm Manager, May, 1981 - June, 1984 Managed all administrative staff, bookkeeping, medical records, electronic data processing, social services, admissions, discharge coordination, and utilization review. Responsible for accounts receivable for Medicare, Medicaid, and private pay and third party insurance. Developed, designed and implemented new computer programming and managed in-house pharmacy. Designed and developed policy and procedure manuals. Prepared both Medicare and Medicaid cost reports and maintained source documentation to support operating cost reimbursement. Accountable for design and implementation of new computer information system. EDUCATION FLORIDA GULF COAST UNIVERSITY Fort Myers, Florida Individual Topics in Computer Technology Information Systems Programming- Visual Basic 6 Systems Analysis FLORIDA GULF COAST UNIVERSITY Fort Myers, Florida Masters Degree Business Administration UNIVERSITY OF LOUISVILLE Louisville, Kentucky Bachelor Degree, Biology, Minor in Chemistry TAYLOR UNIVERSITY Upland, Indiana United States Chamber of Commerce Leadership Course, 1984 Computer Programming including Basic, IBM, and RPG II, 1982 BALL STATE UNIVERSITY Muncie, Indiana Certification graduate, Health Care Administration, 1981 IBM Training Center Fort Wayne, Indiana Training courses, Fort Wayne, Indiana, 1982 Proficiency as an IBM System 34 System Operator 3 pg. /~c.~ LICENSURE AND CERTIFICATIONS Health Facility Administrator License Indiana # C-2473 Awarded: May 1982 Nursing Home Administrators License Flodda # 2127 Awarded: March 1984 Amedcan College of Health Care Administrators Fellow Admitted: April 1986 American College of Health Care Administrators Certification in Health Care Administration Awarded: July 1992 American College of Medical Practice Executives Member Admitted: March 2000 MEMBERSHIPS AND ACTIVITIES (Current and previous) o Medical Group Management Association · American Collage of Medical Practice Executives · American College of Health Care Administrators · Gubernatorial appointee: Florida Long Term Care Planning Council · District VIII Health and Rehabilitative Services Reorganization Advisory Council · Vice President Board of Directors, District VIII Area Agency on Aging · Department of Insurance, appointee to the "Long Term Care Advisory Commission" · Collier County, appointee to the 'Environmental Advisory Council" · Florida Health Care Association: Legislative Committee Rules and Regulations Committee C.O.N. Taskforce Reimbursement Committee · Commissioned: Honorable Order of Kentucky Colonels · Rotary · Collier County Healthcare Facility Disaster Council · Economic Development Council of Collier County · Collier County Health Facilities Council (Chairman) Chamber of Commerce Forum Club of Naples · Department of Children and Families, Behavioral Health Care Advisory Committee · Florida Council on Community Mental Heath · Florida Association of Drug Addictions · Florida Juvenile Justice Association 4 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 ., ~,~: A tion for Advisory Committees/Boards ppli~a, · Home rbone: Home Address:~ip Code: r,, N~ $ ¢ 3 -¢'; ~;6~ n,,b.~ rbooe: ~ ~ ~ ~ CY') ,, e-mun ,ddt-: Category (if applicable):_ gXnmlde: Commis~m Disu4cf~ Developer, emvirommmmmtalbt, lay person, ere. Are you a registered voter in Collier County: Yes ;X~ Do you currently bold pubUe office? Yes_ No If ~, ~hat is flint office.*_ No ~ No serve, or imve you ever served, ot~ Cqll_ier Count~bour/~r comm, Lttee? Yes ---rr'--='-~.. ~ ~ yo~ now _ _ ~ --' i.,;_ _ f,2 ...~ ~.i/ ;J'"d ,,'Ad ...t~J ~.,* ' If yes, pteme list the committem/bea : Please list your community activities (civic clubs, neighborhood associations, etc. and positions Education:~~~~L~~ FRANK DONOHUE OBJECTIVE Continue working m the recreational boating industry.. EXPERIENCE 1981- 2002 Co-Owner Marine Service and Supply, Inc. Naples, FL Increased sales and service work · Service, Sales and Warranty dealer for major engine manufacturers such as MerCruiser, O.M.C., Volvo Penta, PCM SeaMax, Marine Power, Imdmar and Crusader Engine Companys · Responsible for daily business operations such as personnel, accounts receivable, creating a work order system, processing warranty claims, retail and wholesale sales, and estimates for repair work · Extenisve experience operating all types of power boats up to 72 feet. 1981-1976 Nichols Marme Service Mana£er · Managed all aspects of the personnel, the repair service, Travellift Naples, FL boat yard daily operations including, hauling boats using the forklift and /%anaged the wet slip rentals, ships store, and boat rentals Personnel increased from five to fifteen during this time period. 197(>-1973 Hansen Cris-Craft Naples, FL Shop Foreman · Responsble for the preparation of all new boats for ddivery to customers · Responsible for all aspects of repair work completed in the yard · Performed repair work on all types of power boats 1973-1972 Ge~ era/Manager · · · · · Wiggins pass M~,-irta Naples, FL Increased storage capacity Designed and started layout for present facility Opened a service and parts department Began a sales operation, proca~ed boat and engine dealerships Responsible for daily operations such as personnel, ships store, and dock facilfies ,, Pg._ 1972-1968 Hamptons Shipyard Part Time/Full Time Technichian · Responsible for repair work · Responsible for boat storage, hauling and launching of boats · Responsible for engine, fuel, and electrical systems, asseccesory installations on new construction · Perform testing and delivery for new boats Quogue, NY paint, and Provide instruction to the customer regarding the operation of their boat EDUCATION 196g-1971 Southhampton College Souflquhampton, NY 1964-1968 St. Mm'y's High School Manhasset, NY 1972 - Present Service & Mangement Seminars · Mercury Manne, Wellcraft, O.M.C., Bem'a~ Hatteras, Cris-Craft, Pacemaker, Hynautic, C3'u'ysler Marine, and lmteflux · Certified in marine electrical systems by ABYC COMMUNITY INVOLVEMENT AND ACHIEVEMENTS 1973 to Present · Numerous Serivce Excellence Awards from Mercury Mm:me, O.M.C., Bertram, Hatteras, and Cris-Crafr. · Awarded highest customer service rating for Southwest Florida 99% by Mercury .Marine 1981 to Present · Active member of the Marine Industries Association of Collier Count3.' · Current Treasurer and Chairman of the Boat Show Committee · Past President, Director of MIACC 1988 - 1991 President of Naples High Band Boosters 2001 to Present · Member of the American Boat and Yacht Council and Boat U.S. 2002 to Present · Member of the Collier County Parks and Recreation Advisory Board INTERESTS Family, Boating Marine Surveying, Carpen~, and Golfing. FAX (239)3S3-6785 ° CELl. PHONE(239) 250-5812 · E-MAIL: EMERALDLADTYACHT~AOL.COM 5961 WESTPORT LANE" NAPLES, FLORIDA 34116 · HOME PHONE (239) 353-8584 Board of County Commissioners 3301 East Tamiami Trail Naldes, FL ~4112 Fax: (941) 774-3602 Application for Advisory Committees/Boards ?.F ~ 7.2-/,.~ Ar~ y~u a regl~red vMer In Coi~r C~mmty:, Yes V'/ No Do yom currently hold publle o~i~e? Yes No V// Please JLi~t )Gnr ~om~n.ni~, nc~ltles,,~cIv~c c~bs, associations, etc. and position. MEMORANDUM DATE: TO: FROM: November 25, 2002 Maria Ramsey, Parks and Rec~irector Sue Filson, Executive Managerx~ Board of County Commissioners-5 Parks and Recreation Advisory Board As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideratiom I have attached the resumes received for your review as follows: Lindy D'Amico 6099 Shallows Way Naples, FL 34109 Edward R. Olesky 6001 Lake Trafford Road Immokalee, FL 34142 Steven W. Perkins 804 Reef Point Circle Naples, FL 34108 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Atta~hrr~nts filson_s From: Sent: To: Subject: Steve Perkins [nfn19194@naples. net] Saturday, November 23, 2002 3:29 AM filson_s Advisory Board Application Dear Ms. Filson: Please accept and forward my application as appropriate. Steven W. Perkins Board or Committee Applied for: Collier County Parks and Recreation Advisory Board Category:- Urban Are you a registered voter in Collier County: Do you currently hold public office? Ns If so, what is that office: N/A Yes Do you now serve, or have you ever served, on a Collier County board or committee? No if yes, please list the committees/boarCs: N/A Please list your community activities ~.czvic clubs, neighborhood associations, etc. and posiEions held: Military Officers Club of Collier County, FY03 President-elect Education: MBA, University of South Florida Experience: - Computer and Information Systems - Project Management - Membership and Development Please attach any additional information you feel pertinent. This application should be forwarded to Sue Filson, Executive Manager to the Board of County Commissioners, 3301 East Tamiami Trail, Naples, FL 34112. If you wish, please fax your application to (941)774-3602 or e-mail to suefilson@colliergov.net. Thank you for volunteering to serve the citizens of Collier County. Orion Bank Fax:259-405-5146 Nov 6 2002 12:10 P. 01 Board of County Commissioners 3301 East Tamismi Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Home Address: Zip Code:~ Board or--Committee Applied fo :.___~~~ Category (if applicable): Example: Commission District, Developtr, en¥1ronm~otailst, la}, person, Are you a registered voter in Collier County: Yes g Do you currently hold public office? Yes If so, what is that office? .No Do you now serve~ or have you ever served, on a C_~olller.__C~oumy board or committee? Yes lf ye,,pleaselistthecommR-te.boards: ~I~..~ C.~.~~._ No Please Iht your community activities (civic cl.ubs, neighborhood ~sociations, etc..~nd l~ositions Edu cation Plta~t atmc-~ tiny addltlonal lnform~tlon y~M f~el ~trgln~nL Tht~ applla~tion should b~ f~rn~trtlcd ~o St~ ~Vil~on, F.g#¢t~tlm M~.nggtr to the Bo~td of County Cotnmlv$lot~t~, $301 E~t Ttttnlamt Tr~ll, Naples, FL $~112. ff y~u ~th, pl~s fw~ your appli~tloa to f941)774-3~02 or e-mall to ru~_flt~on~i~ihtr~o~.ne~ Thaak you f~r vol#nttmri~tt to s¢t~ the eltiomt of Collier Ca,mOa Mrs. Sue Fiison Executive Manager to BBC 3301 Tamiami Trail E Naples, F! 34112 October 14, 2002 Mrs. Sue Filson, RE: Parks & Recreation Board (Urban) I would like to re-submit my name for the board as a representative from The Immokalee area. I have served on the board in the past and hope I was an asset. I am currently on, Immokalee Fire Board, Commissioner Empowerment Alliance of SW Florida Civic Association Rotary. Weed and Seed I am a member with several Chamber of Commerces related to my business Premier Santa Claus for kids of all ages I enjoy helping my community, and all of Collier County Edward "Ski' & Ann Oiesky 6001 Lake Trafford Rd Immokalee FL 34142 2003 1~/14/2082 88:48 2396582481 LAKE TRUFORD MARINA PAGE 81 ~ Sue Fiison Executive Manager to BBC 3301 Tamiami Trail E Naples, FI 34112 O~tober 14, 2002 MI~. Sue Filson, RE: Parks & Recreation Board (Urban) t would like to re-submit my name for thc board as a representative from The Immokalee area. I have served on the board in the past and hope I was an asset. I am currently on, Immokalee Fire Board, Commissioner Empowerment Alliance of SW Florida Civic Association Rotary Weed and Seed I am a member with several Chamber of Commerces related to my business Premier Santa Claus for kids of all ages I enjoy helping my community, and all of Collier County MEMORANDUM DATE: TO: CC: FROM: January 3, 2003 Jim Mudd, County Manager Board of County Commissioners Frank Halas Commissioner, District 2 January 14, 2003 Agenda Item - Land Development Code I plan to place an item on the January 14th agenda, under Board of County Commissioners, to discuss several items of importance that I feel need to be changed in the next available cycle of the Land Development Code as follows: · Using wetlands or submerged lands for density - I would like to see eliminated' Building heights need to be defined from ground level to the very top of the structure (including elevator shafts, cupolas, etc.) - we may need to change the definition ofmaxirnum height. · A cap on all residential towers must be set - no more 22 story condominiums - I would like to see a 70' maximum height limit. Please be prepared to discuss these issues at the January 14, 2003 meeting. Commissioner, District 2 FH:sf Pg. / MEMORANDUM DATE: TO: FROM: SUBJECT: January 7, 2003 Mr. Jim Mudd, County Manager Tom Henning. Vice Chairman Commissioner. District 3 January 14th. 2003 BCC Agenda Please assist me with the following: I would like to bring items 8(C) and 8(D) from the December 17m, 2002 BCC Agenda regarding the Pelican Marsh PUD back before the Board for reconsideration. Petitions number DOA-2002-AR-2567 and PUDA-2002- AR-2566 also known as "The Plaza at Galleria" both deal with changing the allowable medical office space square footage within the plaza. I would like the opportunity to clarify for staff my motion regarding the landscaping of the property. Please place this item on the January 14th, 2003 BCC Agenda for reconsideration. Thank you. ~-om Henning, Vice Cha~an Commissioner, Districe~.~ TH:mst JAN MEMORANDUM DATE: TO: FROM: SUBJECT: Januaw 6, 2003 Mr. Jim Mudd, County Manager Tom Henning, Vice Chairman Commissioner. District 3 JanuaD' 14~h. 2003 BCC Agenda With your assistance, 1 would like to see the followine item on the BCC Agenda of Januarx 14~. 2003: I would ask that the Board give direction to the Productivity Committee. to work with the assistance of the County Manager's Office. to do performance audits on county departments. There is a vested interest for every'one in this matter, employees and taxpayers alike, to have performance audits conducted. I would appreciate your assistance in this matter. Thank you. TH:mst C: Board of County Commissioners JAN ! MEMORANDUM DATE: TO: FROM: SUBJECT: January 7, 2003 Jim Mudd, Count3' Mam:ger Tom Henning, Vice Chairman Commissioner, District 3 January 14th, 2003 BCC Agenda The recent Audit Report 2002-3 prepared by the Honorable Dwight Brock, Collier County Clerk of Courts, has raised concern regarding the financial relationship between Collier County and Kraft Construction. The report outlines that the county over-paid Kraft in the construction of the North Naples Library. It is my opinion that the county should take action immediately for correction. Please add an item to the BCC agenda of January 14th. 2003 asking the Commissioners to request that staff assist the Clerk of Courts in recovery of the over-paid funds from Kraft Construction that are essemialtx owed to the taxpayers. I would appreciate your assistance in this matter. TH:mst RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS TRANSMITTING COMMENT TO U.S. FISH AND WILDLIFE SERVICE ON PROPOSED RULE, RIN 10-18-AH86, RELATING TO THE MARINE MAMMAL PROTECTION ACT AND MANATEES IN THE STATE OF FLORIDA; EXPRESSING CONCERNS ON HOW THE RULE MAY ADVERSELY IMPACT COLLIER COUNTY; PROVIDING FOR AN EFFECTIVE DATE. pg. WHEREAS, the value of waterfront property and other property located within Collier County is significantly tied to recreational opportunities and the quality of life offered to the citizens and visitors of Collier County; and WHEREAS, Collier County is an environmentally sensitive community, supporting the value of all marine life, as a part of a balanced ecological system; and WHEREAS, Collier County has implemented a Manatee Protection Plan which will adequately protect and promote the gro~ah of the manatee population; and WHEREAS, the provisions of the plan proposed by the Fish & Wildlife Service will have a devastating effect on the overall Southwest Florida economy; and WHEREAS, the County desires to express its concerns to the U.S. Army Corps. of Engineers and the U.S. Fish and Wildlife Service, as to the proposed rule and its impact on the community. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COM,MISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION 1. Collier County affirms the worth of all fish and w'ildlife, the rights of property owners and the marine and building industries. SECTION 2. Collier County believes the data collected in Collier County over the past five years have not been integrated into the analysis used to support the proposed regulations. SECTION 3. Collier County believes it would be irresponsible to implement these proposed regulations without the necessary scientific data to support the intended goals. SECTION 4. Collier County disputes the nexus, established in the proposed plan, between the dock moratorium and manatee mortalities. SECTION 5. Collier County fihds that the proposed rule does not take into account the balance necessary between the manatee and public recreational boating, and that a moratorium on dock construction will adversely impact vessel registration and the revenue provided to the community, including the funding and operation of public boat ramps and marinas. SECTION 6. Collier County respectfully requests the U.S. Fish and Wildlife Service to take into consideration the balance of the community with the protection of this species before promulgation of a rule which can have a devastating effect upon the property values and economy of S.W. Florida. SECTION 7. Collier County urges thc intervention of its State and Federal Officials in order to resolve the situation, by promulgation of rules, which take into SECTION 8. consideration the balance of the community with the protection of this species. The County Clerk is hereby requested to provide certified copies of this Resolution to the State and Federal Legislators, the U.S. Army Corps. Of Engineers and the U.S. Fish and Wildlife Service. This Resolution adopted this motion, second and majority vote. day of , 2003, after ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , CHAIRMAN Approved as to form and legal sufficiency: David Weigel, County Attorney EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING CONDEMNATION OF FEE SIMPLE TITLE INTERESTS AND/OR THOSE PERPETUAL OR TEMPORARY EASEMENT INTERESTS REQUIRED FOR THE CONSTRUCTION OF A SlX-LANE SECTION OF GOLDEN GATE PARKVVAY BETWEEN LIVINGSTON ROAD AND SANTA BARBARA BOULEVARD (CAPITAL IMPROVEMENT ELEMENT NO. 74, PROJECT NO. 60027). ESTIMATED FISCAL IMPACT: $4,179,000. OBJECTIVE: To adopt a Resolution authorizing the acquisition by condemnation of fee simple interests and/or such easements as are necessary for the construction of a six-lane section of Golden Gate Parkway between Livingston Road and Santa Barbara Boulevard. CONSIDERATIONS: Initial authorization for the purchase of right-of-way for the Golden Gate Parkway project was given by the Board of County Commissioners on April 23, 2002, under Resolution No. 2002-203. Since that time, project notices have been sent to all the property owners along the corridor and real estate appraisals have been ordered. Concurrency requirements indicate that construction of improvements to this roadway segment should commence later in the third quarter of 2003, and the Board is hereby advised that the condemnation of property will most likely be necessary in order to meet this schedule. The Board of County Commissioners has been advised through numerous public meetings, MPO meetings, and documentation of the various alternative routes and typical roadway sections considered by its professional engineering staff and consultants, and of the environmental impacts and costs of each engineering alternative, and of the public health, safety and welfare considerations, and of the long-range planning implications posed by each alternative, and has determined that the legal descriptions, and the interest in real property specified on each legal description, which are a part of the attached Resolution, represent the most feasible location, and are necessary for the construction of the proposed improvements to Golden Gate Parkway (see attached memorandum dated December 3, 2002). The Board of County Commissioners has been further advised that it is necessary and in the public's best interest to acquire, by condemnation if necessary, those interests in real property specified on each legal description attached to the Resolution. ...FISCAL IMPACT: The schedule for the acquisition of those interests in real property specified on 'i each legal description attached to the Resolution may result in the condemnation of every parcel required for the construction of the six-lane section of Golden Gate Parkway between Livingston Road and Santa Barbara Boulevard. While staff will continue to attempt to negotiate settlements without resorting to the County's power of eminent domain, should the condemnation of every parcel be required in order to meet the schedule for the commencement of construction, the cost to acquire all of the remaining unsecured right-of-way, and such other easements as may be required, is estimated at $4,179,000. This amount includes the cost of all real property rights required for construction of the proposed improvements, as well as all expenses for title work, real estate appraisals, staff time, and those expenses, such as property owner attorney fees and expert witness fees, which the County is required to pay according to Sections 73.091 and 73.092, F.S. All such payments will come from the Transportation Supported Gas Tax fund and the _FLoad Impact Fee District 2, 3, and 4 funds. Source of funds are gas tax and road impact fees. ' ~'l~ JAN 1 2003 GROW'I'H MANAGEMENT IMPACT: As part of the County's Capital Improvement Element, the Golden Gate Parkway project is an integral part of Collier County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County: 1. Adopt the attached Resolution; 2. Authorize its Chairman to execute same on behalf of the Board; and 3. Authorize any budget amendments that may be necessary to implement the collective will of the Board as evidenced by the adoption of the attached Resolution and the approval of this Executive Summary. SUBMITTED BY: ~',,[Z, ~' ~o,,~ ,~,~l,'u;/~ DATE: Kevin Hendricks, Right-of-Way Acquisition Manager Transp0dation Right of Way Office / '~ ~' ' =Ii '~4 ~b~ DATE: REVIEWED BY: ~ (, C ~ L~' j] ~ Ewing (Ski~ McMichael, Project Manager Transpo~ation Engineering & Construction Management REVIEWED BY: ~ ....... ~.. '...-' DATE: Dale A. Bathon, P.E., Principal Project Manager REVIEWED BY: APPROVED BY: /2. -bS- 2.o~2 Tr~o%~_~ng & Construction Management · DATE: /z--O,-/---o Z-- Gregg F~. Strakaluse, P.E., Director Tran~6J-tation E ,r~ineering & Construction Management Norm~/n E. Feder, AICP, Admimstrator Tran~ortation Division JAN 1 2003 MEMORANDUM DATE: December 3, 2002 TO: James Mudd, County Manager FROM: Norman E. Feder AICP, Administrator, Transportation Services Division SUBJECT: Condemnation Resolution for Golden Gate Parkway from Livingston Road/CR 881 to Santa Barbara Boulevard Collier CounD~ Project Number 60027 Part A&B On December 17, 2002, the Board of County Commissioners will consider the adoption of a Condemnation Resolution for the property interests necessary to six-lane Golden Gate Parkway from Livingston Roa&'CR 881 to Santa Barbara Boulevard. This project excludes a bridge over 1-75 and the area from 66th Street SW to 60th Street SW. hnprovements between 66th Street SW and 60~h Street SW are being done as part of the 1-75 Interchange work by the Florida Department of Transportation under FPI 200732-1-52-01 SPN 03175-3430. The project is divided into three parts: Part "A" includes that portion from Livingston Road to 66th Street SW while Part "B" includes the portion from 60th Street SW to the end of the project west of Santa Barbara Boulevard. Parts "A" and "B" will be combined into one construction project. Part "C" starts from west of Airport-Pulling Road to west of Livingston Road and includes the grade- separated overpass at Airport-Pulling Road, which is not a part of this condemnation resolution. This memorandum contains vital information that the Board of County Commissioners must consider in adopting this Resolution. As you are aware, this roadway has been on the County's long-range plan for many years. It has been the subject of Board meetings, MPO meetings and various other public meetings. This memorandum shall serve to supplement and recap the dc:umentation previously provided to, or presentations made to, the Board. Also, the county attorney's office has advised that you must consider the following criteria when adopting the condemnation resolution: JAN 1 zl 2003 Page 1 of 4 Alternate routes The need for additional east-west arterial capacity within Collier County for travel demands west of Collier Boulevard has been identified and studied at the long range planning level for more than a decade. Due to past and current development patterns, few alternatives exist other than the existing roadway alignments. Pine Ridge Road/CR 896 is currently a six-lane roadway between US 41 and Logan Boulevard. Both Immokalee Road from US 41 to 1-75 and Vanderbilt Beach Road from Airport-Pulling Road to Collier Boulevard/CR 951 are currently under design for expansion to six-lanes. Future design plans will complete the improvements of portions of Radio Road, Davis Boulevard, and Rattlesnake-Hammock Road to four- lane roadways. The Golden Gate Parkway corridor is one of only six east-west corridors in Collier County. The construction of the new 1-75 interchange at Golden Gate Parkway, to be completed in 2007, will place additional capacity demands on Golden Gate Parkway. To meet current and future capacity needs, the only viable alternative is to widen Golden Gate Parkway to six lanes. Safeb' factors The design of the Golden Gate Parkway improvements has been conducted to meet the standards as defined using the Florida Department of Transportation (FDOT) Roadway and Traffic Design Standards, the FDOT Plans Preparation Manual, and related design manuals: American Association of State Highway and Transportation Officials (AASHTO) Policy on Design of Urban Highways and Arterial Streets; Manual on Uniform Traffic Control Devices (MUTCD); and Collier County Policy lbr Access Management for Arterial and Collector Roadways (Resolution No. 92- 442 as amended in Resolution 2001-247, dated June 26, 2001 ), and the Public Rights of Way Construction Standards Handbook (as applicable) to ensure the safe movement of people and goods within the project limits. Long range planning factors The Long Range Transportation Plans (LRTP) for Collier County have evaluated the future travel demand needs using factors such as social fmpacts, environmental impacts, costs, safety and provision for alternatives. Since at least the 2010 LRTP (adopted in 1992), and reiterated in the following updates for 2020 LRTP (original adopted 1996, updated 1999) and the 2025 LRTP (adopted 2001), the need for six- laning Golden Gate Parkway has been identified. The six-laning is consistent with current and near future travel demand needs and the availability of financial resources. Page 2 of 4 JAN 1 2003 Environmental factors Long-range planning criteria require the consideration of impacts to environmentally sensitive areas. Generally, the impacts of roadway construction utilizing existing corridors have less environmental impacts than new corridors. As such, the section of Golden Gate Parkway from Livingston Road to Santa Barbara Boulevard will not affect any wetlands nor are there any endangered or threatened species identified along the corridor. As a result of the unavailability of undeveloped property along the project corridor and the anticipated high cost of acquiring developed property for water quality treatment ponds, this project will use the improved side street swales south of the Golden Gate Parkway for treatment. The Golden Gate Main Canal will provide the ultimate outfall via the side street swales. The South Florida Water Management District has issued the Environmental Resource Permit and the Right of Way Occupancy Permit for this project. Costs Cost to provide for the improvements has been considered from the initial identification in the adopted LRTP. As the project has been refined during the design, more specific costs to implement have been developed and considered as part of developing the financially feasible Capital Improvement Program. The design of the improvements has been made to maximize the improvement benefit with the minimum amount of impacts. The project involves a typical section that employs a centered widening scheme. The corridor is bounded on the north and south sides by Golden Gate Estates lots. The recommended typical section requires additional right of way from both sides along the corridor. The existing right of way width is 100- feet and the six-lane improvements require additional right of way widths that vary from 2g-feet to 50-feet from each side of the existing roadway. The maximum widths are typically in areas where an additional lane is needed for turn lanes. Although right of way acquisition along only one side would minimize the number of properties involved, it would significantly impact those properties where right of way is required. Centered widening also allows for the efficient use of the existing pavement during construction and in the ultimate cross section. As a result, construction and the maintaining of traffic flow during construction costs impacts are minimized. This project will match the proposed typical section used I-y the Florida Department of Transportation for the 1-75/Golden Gate Parkway Interchange Project for that portion of the Golden Gate Parkway between 66th Street SW and 60th Street SW. Page 3 of 4 Construction on this project is planned to commence during fiscal year 2004. This project is part of an aggressive acquisition schedule to address the traffic movement and safety needs and problems of the community. Thank you for your time and review of this vital information. NEF:GS/DB/EM:cs C.' Commissioner James N. Coletta, Chairman, District//5 Commissioner Tom Henning, Vice-Chairman, District #3 Commissioner Frank Halas, District #2 Commissioner Fred Coyle, District ~3 Commissioner Donna Fiala, District ,~ keo Ochs, Assistant County Manager David Weigel, County Attorney Jacqueline Hubbard-Robinson, Assistant County Attorney Ellen Chadwell, Assistant County Attorney Heidi Ashton, Assistant County Attorney Gregg R. Strakaluse, Director, TEC&M Department Don Scott AICP, Director, Transportation Planninz Departmant Dale A. Bathon P.E., Principal Project Manager, T~EC&M Department Ewing "Skip" McMichael, Project Manager, TE&CM Department Page 4 of 4 RESOLUTION NO. 2003 - . A RESOLUTION AUTHORIZING CONDEMNATION OF FEE SIMPLE TITLE INTERESTS, PERPETUAL, NON-EXCLUSIVE ROAD RIGHT OF WAY, DRAINAGE AND UTILITY EASEMENT INTERESTS, PERPETUAL, NON-EXCLUSIVE DRAINAGE AND UTILITY EASEMENT INTERESTS AND/OR THOSE TEMPORARY EASEMENT INTERF_3TS REQUIRED FOR THE CONSTRUCTION OF A SIX-LANE SECTION OF GOLDEN GATE PARKWAY BETWEEN LIVINGSTON ROAD AND SANTA BARBARA BOULEVARD (CAPITAL IMPROVEMENT ELEMENT NO. 74 / PROJECT NO. 60027). 6 7 8 9 10 11 12 13 14 WHEREAS, the six-lane section of Golden Gate Parkway between Livingston Road and Santa 15 Barbara Boulevard (Project No. 60027) is one of the capital improvement projects required under the 16 Transportation Element of the County's Comprehensive Plan; and 17 WHEREAS, the location for construction of the proposed improvements has been fixed by survey 18 and is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and 19 incorporated herein: and 20 WHEREAS, after consideration of the availability of alternate routes and locations, the 2l comparative costs of project alternatives, various impacts upon the environment, tong range planning 22 options, and public safety considerations, the Board desires to exercise its right to condemn property for 23 public purposes. 24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS 25 OF COLLIER COUNTY, FLORIDA. that it has been determined by the Board that the construction of 26 the six-lane section of Golden Gate Parkway between Livingston Road and Santa Barbara Boulevard 27 (hereinafter referred to as "the Project") is necessary and in the public's best interest in order to protect the 28 health, safety and welfare of the citizens of Collier County. 29 AND 1T IS FURTHER RESOLVED that construction of the Project is part of the County's long 30 range planning effort, and is included in the Transportation Element of the County's Comprehensive Plan 31 for Growth Management, as approved by the Florida Department of Community Affairs. 32 AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative locations for 33 the project, and the costs associated with the design, property rights acquisition, and construction of the 34 project, as well as public safety and welfare considerations associated with the design and construction of 35 the project, and various impacts to the environment, and the Board finds that after consideration of these 36 issues, the most feasible location for construction of the proposed improvements is collectively 37 represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein. 38 AND IT IS FURTHER RESOLVED that in order to construct the project as designed, it is 39 necessary for the Board to acquire the various real property interests described in Exhibit "A" to wit: fee aO simple title interests and/or those perpetual or temporary easement interests. 41 AND IT IS FURTHER RESOLVED that all property shall be put to public,Du.rp es. 42 AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to immediately 43 acquire by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, ~ Florida Statutes, the above-referenced real property interests more particularly described in Exhibit "A", ,*5 attached hereto and incorporated herein. 46 47 48 49 5O 51 52 53 5~ 55 56 5'~ 58 59 60 61 62 63 AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. This Resolution, adopted on this and majority vote. day of ,2003, after motion, second ATYEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficienc 3~"~'"?~ Assistant Count>, Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Page 2 jAN h 2003 EXHIBIT A Page JAN ! 2003 TRACT KXIilBiT A 10' WIDE DRAINAGE EASEMENT---... -',~,X UTI Ll"P¢ ~EMENT PARCEL 806 GOLDEN GATE ESTATES II TRACT 23 COL3£h GATE PARKWAY (CR 886) 7~r LEG2L DESCRIPTION FOR PARCEL 806 A PORTION OF TRAGf 8, GOLDEN GATE ESTATES. UNiT 29 AS RECORDED iN PLAT BOCK 7. PAG~ 87 OF THE PUBLC RECORDS OF COLL,ER COU~JTY, FLORIDA S~Tu~TE IN SECTON 30, TOWNSHIP 49 SCdT;H, RANGE 26 EAST. ,~OLLIER COdr,~Tv FLORIDA BEI¢iG M©RE P~RTiCU~RL¥ CESCRiBE3 ~S FOLOWS. BEING THE NORTHERLY 20000 OF THE WESTERLY 10,00 FEET OF T~E EASTERLY 40.00 FEET OF ALL OF SAiD TRACT 8, CONTAiN~NG 2.000 SQUARE FEET, MORE OF, L£SS SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERhMENT [)OARD OF COUNTY COMM:SSIONERS PARCEL 806 CO~ER COUNTY, FI,ORIDA ~ ~4Uw~-]~ ~(~)~-?o~ JOB NUMBER REVISION SECTION TOWNSHIP I RANGEmi SCALE I D~TE I DRAWN BYIl F)LE NAME O!-OO!511 2 30 49 26 Il'= 8o 9- 8-o2 eec j EXCLUSIVE ANCHOR EASEMENT EXHIBIT A JAN 1 2003 TRACT ? ~30 (PLA?) 2929/14,16 TRACT B GOLDEN GATE ESTATES UNIT 29 EXHIBIT A 5' WIDE ANCHOR TRACT 23 SKETCH k DESCRIPTION OF: A 5' WIDE ANCIIOR EASEMENT v~.~. PARCEL 908 I ,0~ ~o%%.~T.~o.j~,~ju~ ~ dO~ N~MBER RE~SION SECT:ON TOWNSHIP ~NG/ S~[ I DATE O~WN BY FL~E ~ME J SHE~ BEGINNING; CONTAINING 150 SQUARE FEET, N~ORE OR LESS. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR; COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS , GOLDEh GATE PARKWAY (OR 886) I SW CORhER SE CORN£R LEGAL DESCR,PTtON FOR PARCEL 905 A PORT.ON OF TRACT 6, GOLDEN GATE ESTATES, dNIT 29 AS RECORDED tN PLAT BOOK 7, PAGE 57 OF Tree PUB_lC RECORDS OF COLLIER COUN'P¢. FLORIDA S%UATE IN SECTION 30, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNT'" FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCE AT -HE SOUTHEAST CORNER OF SA,D TRACT §, THENCE N.OD'27'5~"W., ALONG THE EAST LINE OF SAID TRACT B. A DISTANCE O; 480.50 FEET; TREKCE S.89'32'21"W., A D~STANCE OF 40.00 FEET TO THE POINT OF BEGINNING; THENCE S.BB'32'21"W., A DISTANCE OF 50.00 FEET; THENCE N.O0'2T51"W., A DISTANCE OF 5.00 FEET: THENCE N.89'32'21'E., A DISTANCE OF ,30.00 FEET; THENCE S.00'27'51"E., A DISTANCE OF 5.00 FEET TO THE POIN= OF F~.RPETUAL, NON-EXCLU~IV~ DRAINAGE AND UI'~ITY ~ EXHIBIT_A__ PagI_~._ ef_l Oq JAil TRACT 7 EXI-IIB[T A ~R 2929/~416 I '2 ,', SE 3Ri2~A,GE EASEL~EH7 ' Si~= 507 · TRACT 23 ;l_li~ .3-'TE P;.R<'¢~A" (,ER :756) _EGA~ DESCRIPTION FOR ~ARCEL 807 z,, FCRTiON OF TR-.'CT d. JG;_EE;, 3,':_' ESTATES. ~N.T 29 AS ~EC'DRCED ;N P~T BOCK 7, CAGE 57 OF THE ::~3LC RECCRDS 5~ CC_LER 25'-t,v'F. ;~C, RiDA 5tT,,Z, TE ;~1 SECTON 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, ~IL.~ER ,23,?~', ;._DR,D~ ~E1%3 '.'CEE %z. Rf:CU_ARLY DESCRIBED AS FOLLOWS. EE;hG 7hE hORTPERLY 4058 FEE7 ? Tn~ SOjTPERLY 48080 OF ~HE WESTERLY ~000 FEET OF ThE EASTERLY 40 C:,3 FEET C.F .eLL CF ~A~ F:RiCT B. CONTAiNiNG 4..J58 SQUARE FEET, '.'ERE .3R '_ESS S4ETCH & S£SCRtPT$ON O',_Y hOT & BOUNDARY SUP/E7 SCALE '~"=~O' ,,;OLDEN GATE pArKWAY D,IPRO'.'E},IENIS SXEI'CI{ & DESCRIPTION OF; .t 16' ',VIDE D g. & U E ?ARCEL ,507 COLLIER COUNTY, FI.ORIDA FiLE hi. ME I S~-. EET E0 5SX. 807I 1 Si- ' EXCLUSIVE ANCHOR EASEMENT EXHIBIT Page ~, eflOq 2003 -RACT 7 EXHIBIT A GO~DEN GATE ESTATES dhiT 29 ~5' ',VlOE ANCHOR EASEMENT PARCEL 907A /' W ~ E --TRACT 23~ TRACT 8 SE .CORNER ~ AP' LEGAL DESCRiPT:ON FOR P~CEL 907A A PORT:ON OF TRACT 8, GOLDEN '3~TE ES-~T~S, UhiT 29 AS RECORDED iN p~T BOOK~7, PAGE 57 CF THE PUBLIC REOORDS DF COLliER COUNTY, FLORIDA S,TjA~E 'N SECTION 50, 70WNSHIP 49 SOUTH, RANGE 25 EASE. COEL.ER COUNt. F~CRiDA 5EiNG MORE PARTCU~RLy DESCRBED AS FOLLOWS. 3OMME,NCE AT 'HE SOUTHEAST CCRh, ER 0= SAiD TRACT 8, THENCE NO0'27'51"W., ALONG THE EAST L~NE OF SAID TRACT 8, A D~STANCE CF 5'9.30 FEET; THENCE 5.89'32'39"W., A D~ST~NCE OF ~0.00 FEET TO THE POINT OF BEGINNING; T~ENCE S.89'32'O9"W., A D%TANCE OF 30.00 FEET; 7NENCE N.O0'27'51"W., A DISTANCE OF 15.O0 FEET; T~ENCE N.Sg'32'09"E., A 0ISTANCE OF 30.30 FE~T' THENCE S.00"27'51"E., A DISTANCE OF 15.00 FE~ TO THE POINT OF BEGINNING; ~ ', CONTAINING 450 SQUARE FEET, MORE OR --ESS. SK[TCH ~ D[SCRIPTiON ONLY NOT A BOUNDARY SURVEY Si(ETCH & DESCRIP'FION OF: A 15' l>'lDg ANCHOI~ EAS_~fEN"i' PARCEL 907A ~38 NUMBER REV;S~ON S~S'ICN -OWNSH,~ ,~N3= -CA,: F EXCLUSIVE ANCHOR EASEMENT EXHIBIT TRACT 7 EXHIBIT A TRACT '3 GOLDEN GATE ESTATES UNIT 29 5' WIDE ANCHOR EASEMENT ~ARCEL. 907B '~ ]O.GO' N 00'2751" W 5.00:'--~ SD_DEb 3;-TE ;A~:<%'AY (CE 586) _LSAL 5253RIP-lGN fOR PARCEL 907B TRACT 23 E A PCRTtON O¢ 'RACT 8, CC_DE~ GATE ES-A-ES, JNir 29 AS RECORDED N PLAT BOOK 7, PAGE 57 OF 'HE OJBLEC RECORDS OF COLL,ER COUNTY FLORIDA S-daTE :'4 SECTION 30, TOWNSPI~ 19 SOUTH RANGE 25 EAST, SOLLER COUNTY. :.ORIDA BEING MORE mART,CozA, R~v 3£SCR BED, AS FOLLOWS. COMMENCE A- 'mE SOUT~EAS* CORNER CF SAD -RACT 8 =mENCE N.Oo'cT51"W., ALONO ThE EAST L'NE OF SAiD TRACT 5, A D!STANCE OF 480.80 FEi-'; THENCE S,89'32'2'"W., A DISTANCE OF 40.00 FEET, TO TdE ~QINT OF BEG,NN~NG; THENCE S.OO'27'51'E., A D"S-AMCE O¢ bOO FEE*; THENCE S.89'32'2~'~. A D~STANCE OF 30,O0 FEET; TdENCE N,00'27'5~"W.. A BSTANCE OF 5 J0 FEE-'; -HENCE N89'32'21"E.. A DISTANCE OF 3000 FE~-r, TO THE mOtNT OF 3EGINIDINO; CONTAINING 150 SQUARE FEET, MORE OR L~]SS. SKETCH & DESCRIPTION ONLY NOT A 9DUNDARY SURVEY FOR: COLiER COuN~ $OVERNMENT BOARO ~: CJ, ut;TY COMM!SSIONERS GOLDEN GATE PARKWAY IMPROVE}dENTS SKETCII & DESCRIPTION OF: A 5' WIDE ANCHOR EASEMENT PAP, CE',. 907B COLLIER COUNTY, FLORIDA PERPETUAL, NON-EXCLL~IVE DI~AJNAGE AND UTILITY EXHIBIT Page /. of JAN ~RACT B EXHIBIT ~'0' WiDE DRAINAGE EASEMENT JTIL~ EASEM£NT mARCEL 808 .-.~- £-c-:v_=,,- '~aC' 23 SC_SEa GATE ESTATES ~ 2 TRACT 24 E]=~ ZE2£7'P"ON F3~ 9~RCE~ 808 z =ORi ON C~ T~,4CT 23, 30L;EN )& E [S-~T[3, .', T 29 AS RECORDED iN P~T BOOK 7, PAGE 57 OF TME P-EJC ~E'CORDS CF 2C;~=ER COU';~, :_~i 3-~arE N SECTCN 30, TCWNS~iP 49 SOUTd, RANGE 26 EAST, CD__;ER CO~N~, ~LSR,DA ~E,',G ',!CAE zz~:C~_.ZaLY 2, ESSRBED aS FCLLCWS, SE hG ~'E SOJT~ER_Y '55 ;]O :EET ]: 7-,E '.}RT-ERLY 75 80 :}F THE EASTERLY I0 00 FEET OF TeE WESTERLv 43.G0 FEET 0¢ 4LL 3F S4:D T~,3T L] CObTA;i',;¢'~0 1.550 SQL, ARE FEE-. ',,'CRE JR _ESS SKETCH & DESCR.PTfOh ONL' NOT .:, 3C~.NOARY SURVEY ___I-- SKETCH & DESCRIPTION OF: A 10 WIDE b'C i: U.E. COLLIER COUNI'Y. FLL;F, iDA ,., 94 )~;9-;5u9 Faxi~4l)~4g*70S~ 3' -OO15 l~ 2 Z ~3 49 36- I'=~3' _J 9-tB-02 ~ aREC 2:,'5753BI O¢ ' EXCLUSIVE ANCHOR EASEMENT EXHIBIT A TRACT d EXHIBIT A ANCHOR ~SEMENT 908 SO_DEb ';ATE aARKWAY (OR ~,gG) 52' LEGAL CESCRIp'r'oN FOR ~ARCEL 908 TRACT 24 A PORTION OF TRACT 23, GOLOEN GATE ESTATES, uN;T 29 AS RECCROED [N PLAT SOCK 7 PAGE 57 OF TdE ~JBulC RECORDS OF COLLIER 330N'I"¢, FLCR'.DA S;TUATE ,N SECT;ON 30, TCWNSHtP 49 SOUTM, RANGE 25 EAST, COLLIER COUNTY, F_OR,DA BEING MORE PARTCU~R'_Y DESCRFOED A5 FOLLOWS. CO~4MENCE AT THE SOdTaWEST CORNER CF SAiD TRACT 23; THENCE N.O0'27'51"W., ALONG THE WEST LiNE OF SAID TRACT 23, A DISTANCE CF 365.00 FEET; THENCE N.B9'31'57"E, A D:STANCE OF 4000 FE~' 'O THE POINT OF BEGINNING; THENCE N.00'2T.51"W. A D!STANCE OF 1800 FEE-r; THENCE h.ag'31'3?"E., A DiST~CE OF 5000 FEET; TNENCE S.00'27'S1"E., A DISTANCE OF '5.OD FEET; [HENCE s.Bg'31'ST"W,, A D}STANCE OF 30,00 FEET TO THE POINT OF BEGINNING; CONTAINING 450 SQUARE FEET, MORE OR ~ESS. SKETCH & DESCRIPTION ONLY · NOT ~ BOUNDARY SURVEY SCALg GOLDEN GATE PARICffAY IMPROVEMENTS SKETCH & DESCRIPTION OF: I iS' 'dlDE ANCHOR EASEMENT ?ARCEL 90g COLLIER COUNTY, FLORIDA 9- ' 5-02 ~EC 3015S<908 ,3r PARCEL NO. I O<~ EXHIBIT Page ~ ~f/~ EXHIBIT A hOO'27'§l"W I 40.20 TRACT 23 30LOEN GATE ESTATES UN T 2g NON- EXCLuS2~ J-L~ ~SENtENT :ARCEL SzO -q~CT 23. ~ ]S---:'.CE L: ~ ~-- :-.Z7 :ZhCd _Ez,O:G T~E S~D ~ES~ ~',E. ~55'~'~4"E --EL;ZE S54'~4'~2'E, : 25~4' 2f ;= i J :LEE~ -O T*C E;ST _;'~E CF S4~D T~ACT 2~: T~E,',CE s8g'3' 27','/. gZS':O --'E ~:'] .;~7~ LC~E. A OS=AhCE OF 350.10 FEET; ;~Er,CE ~i CC,'27'5'"',',', A 3;SlZ',7:E CF 4323 =EET. TO ~mE POINT OF BEGINNING 3:3!.~'A'dNG 13,C57 SCL, ARE SKETCH & S£S?,,PT;ON OhLf hOT A B,2,~NDARY SURVEY '~-~ :'D_~ZR ZOu',T'¢ 3C £';:i~E;,] 27-q5 ¢- i _ ' ,.-:.'.',SS 3hERS I GOLDEi~' CA','E PAI(K;¥AY INiPF, C',E%IIC',;TS SKETCII & DESCRIPTION OF: 2E!~PZTU.~L, /,6>;-?;CLL'SII'E ROAD L'OLL!Ef~ COUNTY. :'ISRI:).~ I I PERPETUAL, NON-EXCLUBNE DRAINAGE NqD UTILITY EXHIBIT A Page ~, of loft JAN EXHIBIT A t .1~0 ( PLAT] --~.~-- _-SD,~D~T TR,~CT 2.3 $CLDEN GA*E ESTATES .t,~T 29 -RACT 24 A :CRT O~ CF 'RACT 23, 3C~2EN 37E ES~z~ES, ~.,. 29 AS RECORDED N PLAT BOOK 7, =~GE 57 OF TEE =~BLIC S'3u'~, F_SRIDA BE;'IG 'aCRE ~ARfC~L.:.RL" ~ESC~ 3ED 4S FOLLOWS. 3E.~,G T~E EASTERLY 'OOO FE~ OF -'~E .VESTER~v 4000 FEE-, ~ESS T~E ',ORTHERLY 515.80 FE~ AND THE SOUTHERLY 90.20 FEET OF ~ 0F SaD "RcC' 23, CONTAIN:NO 2,747 SQUARE :EE,", L~CRE ,DR _ESS. FOR: SOL. LiER SSU~,~Tf 3O\£Rf',~,'£~,,r SDA~D 3,- :S~:.'r SC' 'J;SS,C'~ERS GOLDEN GATE PAP, IgWAY :5,tPROVEMEN;'S SI,:ETCIt & DESCRIPTION OF: A i0' ;vIDE D.E & UE PARCEL COLLIER COUNTY, FLORIDA ,OZ/ 20 EXCLUSIVE ANCHOR EASEMENT EXHIBIT A Page 16 ef.J.~ JAN EXHIBIT A ~RACT 2.3 GOLDEN GATE ESTATES UNit 29 TRACT 24 !O' WiDE ANCHOR'---X EASEMENT PARCEL 90g GATE PAR'(WAY {DR 5B6) c:w.~?.:E~_nT _EGA_ DESCRCPTiO%" FOR PARCEL 9,39 A OORTiON OF -PACT 22. GOLZEN GATE ES-A-ES, br.;!: 2g :,S RE=URGED N R_A- BOOK 7 :~GE 57 CF ~-E ~JG~IC RECCROS O: CCL~;ER CO~N~. 7LGRIOA SGL'A-E ~N SECTION }0, TOWDSHIP 4g SOuth, RANGE 25 ~57 CCLL:ER COUNTY, FuOR',DA 3Ei~G MORE PARTICU_ARLY DESCRIBED AS COMMENCE ~T THE SOoT~,ST ~0RNER OF SAiD TRACT 25 THENCE N.00'27'31"W AL~NG TNE ~ST L~N[ OF S~ID TRACT 23 (T~E FOLLOWNG ~O (2) CALLS ARE ALONG SAiD ~ST[RLY LINE), 9543 ZEET 'O T~E ~O~NT 0F BEGNNiNG. ThENOE N.OO'27'5""W., ~ D',STANC~ OF !157 F~; TmENCE S.89'~I'37"W., A gSTANCE OF ~0.00 FE~; TH~NC~ S.O0'27'3!"E., A 3 STANCE OF ~060 F[~; TNENCE S.54'54'12"E., A OJSTANCE OF 10.05 FEET T0 TNE POINT OF BEGINNING. CONTAINING 111 SQU~E FEET, MORE 0R LESS. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY GOLDEN GATE PARKWAY IbiPROVEMENTS Si(ETCH & DESCRIPTION OF: A 10' ',VIDE ANCHOR EASE.~iENT PARCEL gog COLLIER COUNTY, FLORIDA 9 O0 ' 55K909 OF P/~C, EL NO. I ID EXHIBrr ~age_ ~ ~ ot I Oq EXHIBIT A %//,/~'X"X'XX~'X'X'~ X :d~ X~W~'~5.-- - -- ~ ~ s~a'D''~''w ~'~ ~.- i PERP~UAL SON-EXCLUSNE L5 J,,go'~7's'*~ ~2'g , -- RCAD RIGPTZOF-WAY D~INAGE J ~ _';~0'5405'~ 3204 = ',~ AND UTILI~ ~EMENT TRACT 25 ~ ~ :, ~ ~ ~ GOLDEN GATE ESTATES ~N:T 29 ~ =~T BOOK 7 PAGE 57 ~ TRACT 26 TRACT 6 ~ ~ ~ j -.~_ _CS2RcTON FOR ~RCEL JC'.",'E:.,CE ~T '-~E ':ORThEPS-:J~.i~ := ~':] -~;C~ Z~: T-~ENCE 5.33'2731 'E. a_OhG --E GIST ._'.E OF SA,D -?!CT 25, & L,STM,CE CF 7G 33 ;:E-. -3 *-E 5~-F"E~Y ~:,3?-OF-,','AY O~ GOLDEq GATE PiRK','¢Av AS RECDROED :. C::0A_ &ECGRDS 3'3CK 2445 :~SE 2'23. ~',9 5E",S T~E =C,'C OF 8EG,NhNO; T-':',CE CSNT,NLE S.OO'27 ~"E ~.2,3 - E ~A3 EAST _',E, A 3STA%CE O~ 9'5 :EET; '-E",CE _~VING THE SA:D EAS~ ~ ',E S c5"3 '4 ,'¢ 4 5 S'ANCE C~ _.4 8~ =EET; '-E',CE S 74'23'44r'.V, i j.S~i~,C~ :: 5& Z= "EE'. -C ~E EAST _NE DF a ~CAG,¥AY EASEVENT (50' '.'ODE) ~S PER -~E'lCE N00'2TSI'W, ;~C',O T,',a E-:ST _',E 3; SAD (~0' ,'hOE) ROADWAY EASEVENT, A CS-ANCE OF ~2.'9 FEET. TO 5, E SOUf4ERL7 ~ScT-OF-,'¢A~ ~5 :ESCR3ED N 3FFCIAL RECORDS BOOK 24~5, P~GE ~*05 0F ~HE PUBIC ~-ENCE A~ONO THE SOLTHER.Y R3~-2:-hAY O: 5A,3 OFFCAL RESORDS BOOK 2445, PAGE 3~05, -',~0 ~2) 3ESCRBED COdRSES; ~'~ T~EqCE N 50'54'05'E, A :,S-A:,CE CF 22 S~ FEE': ,~2) T~E,',CE N.59'31'37'E, A E,S%A'.iCE 37 '2497 :EET, TO T~E EAST L:NE OF SA~D OFr,C'AL RECORDS BOOK 2445, :~0E ~:03 AND BENG ThE ','/EST _',E 0¢ 5~O O;FCAL RECCRDS 5COK 2445, PAGE 3~09; THENCE CDNT'NUE N89'31'oT'E., ALC',G Tree SO~TdERLY RO~T-OF-WAY 3F SAiD OFF,C:AL RESOROS BOOK 2445, P~GE 51C9, A DISTANCE OF ~5065 CEE', ~3 -mE POJNf OF BEONN,NG, CONTAINING 4,046 SQUARE fEET, t~ORE 3R LESS GOLDEN GATE pARKWAY IMPROVEMENTS SKETCH i DESCRIPTION OF: PERPETUAL, DiON-EXCLUSIVE ROAD RIJIIT-OF-;~AY, DRAINAGE ~ND UTILITY EASEMENT ]_5~NORTHHOitiESHOEDRiVKIUI~I?0 COLLIER COUNTY, FLORIDA 7"-C%5:1 5 if. 26 '~ =~' 9-27-32 ~EC 3015SK;15 PERPETUAL, NON-EXCLUSIVE DRAINAGE AND UTILITY F-ASEMENT EXHIBIT 'age_j2._ of TRACT 6 EXHIBIT A GOLDEN GATE PARKWAY (pR 886) $ PARCEL 810 TRACT 2,5 GOLDEN GATE ESTATES UNiT 29 TRACT 26 _£;AL DESCRIPTION "-OR PARCEL 810 A PORT,ON 3; TRACT 2§, :.~0_CEN SATE ES-~:EE. ~'; T 29 AS ;ECCRDED N =~T 9OOK 7. PAGE 57 OF ~PE PUBLIC REOORCS ZF COL_ER OCdN~. FLC,2;CA 5 T~ATE '~ SECTION 30, *O',','hSmiP 4g SOUTH, RANGE 26 EAST CULL;ER COUNt, :~Cq DA 5ENG 'YO~E ~RTiCu=~RLv SESC,q ~5D zS FC~L0~'S. 23kt'/E~CE AT T~E NORTH',~ES~ 2CRh, E7 C.: SAD ~CT 25; THENCE S00'2T51"E, ALONG THE WEST LINE OF SAiD TRACT 25, A 3STANCE O~ 102.19 FEE-, ~:-E2, CE _E:, ',G T.~E SAS ',~EST L~,E. N 89"52'09"E., A D:STANCE OF 50.O0 FE~, TO A ~OiNT ON THE EAST LiNE OF A ROAC',',Av EASEHEhT (53' ,'/SE) AS PER SAiD P~T AND BE*NG THE POINT OF BEGINNING. THENCE LEAVING THE SA~D EAST LNE, N.74'2}'44"E. A 3*STANCE OF '0 58 FE~; THENCE S00'27'51'E., A DISTANCE O¢ 240.58 FEET, TO THE SOUTH bNE 0F eND DESCRHED !N OFFICIAL RECORDS BOOK 2959, ~AOE 1571 OF THE PUBLIC RECORDS OF COLLIER COUN~, FLOR.DA; TNEXCE S.89'~2'05'~., ALONG THE SAID SOdTH LINE, A 'DISTANCE OF 10.00 TO THE SAiD EAST LINE; THENCE N00"2T51"g.. ~LONG THE SAID EAST CNE, A D~STANCE OF 237.87 FEET, TO THE POINT OF 8EGINNLNO CON~AON NO 2,392 SQUARE FEET, '.'CRE CR .ESS. ~ /~2 5101 A BOONDARY S~RVEY - -- :;o * ~[;;~ c. c:~rc~r~ No s7o~ GOLDEN GATE PARKWAY IMPROVEMENTS EXCLUSIVE ANCHOR EASEMENT EXHiI I'£ TRACT B EXHIBIT A 'GOLDEN GATE--"~KW,~,Y (~R T~CT 25 GOLDEN GATE ~STATES UN~ 29 // ~10' WIDE ANCHOR / ~ ~ARCEL 910 ! TRACT 26 LEGA. OESCR!PTION FOR PARCEL 910 A PORTION OF TRACT 25, GOLDEN GATE ESTATES, UNIT 29 AS RECORDfD IN PLAT BOOK 7, PAGE 57 OF ~FqE PUBLIC RECORDS OF COLLLER COUNTY, :LOR[DA SLTUATE :N SECTION 50, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTT, FLORIDA BEING MORE PART!CU,.ARLY OESCR!BED AS ;-0LLOWS. COMMENCE AT THE NORTHWEST CORNER OF SAiD TRACT 25; THENCE S.00'2T51"E., ALONG THE WEST LINE OF SAiD TRAC1 25, A D'STANCE OF 311.25 FEET; THENCE N.Bg'52'O§"E.. A DISTANCE OF 40.00 FEET TO THE. POINT OF BEGINNING. THENCE CONTINUE NBg'.32'09"E.. A D!STANCE OF 30.00 FEb-T; THENCE S.00'27"51"E.. A DISTANCE OF 10.O0 FEET; THENCE s. Bg'32'09"W.. A DISTANCE OF 30,CO FEET; THENCE N.00'27'51"W., A D!STANCE OF 10.00 FEET. TO THE POINT OF BEGINNING. CONTAINING ,.300 SQUARE FEET. MORE OR LESS. SKETCH & DESCRIPTION ONLY o ~o Bo NOT A BOUNDARY SURVEY FOR. COLLIER COUNTY GOVERNMEN? BOARD DF ~OU~dTY CCM~,t;SS~O,",~ERS GOLDEN GATE PARA'WAY IMPROVEMENTS SKETCH & DESCRIPTION OF: A 10' WIDE ANCHOR EASE.HENT PARCEL 910 COLLJER COUNTY, FLORiDA JOY NUMBER REVISJO¢,. I SEC. T~ON J TOWNSHIP j RANG[ S~ALi gl -3015! ! J 5 .~3 4g 25 ~"= 80' PERPETUAL, NON-EXCLUSIVE DRAINAGE AND UTILITY EASEMENT EXHIBIT Paue J~ .ef..L.~. JAN ~ I / moo ~ EXHIBIT A GOLDEN CATE PARKWAY (~R 886) -RACT 25 GOLDEN GATE ESTATES UNiT 29 TRACT 26 :~- -: ',4 '~'--'3' ,," ,',,z'~_ ~BA,";ACE -~ASE!dENT £3-.'_ 5'-SCR'PTICN F,.CR ~ARCEL B!~ A =CqT!ON OF 'RACT 25 GOL2EN S:Tr2 ES-; ,ES ~N T 23 *S RECORDED iN P~AT BOOK 7, PAGE 57 OF THE PJBLiC SC',tMENCE AT T~E ~,CRT~,%EST G,S'~%:~ 3; Sc ] T;&CT--,n: '-EhCE 500'2T51''r_., ALONG THE WEST L'NE OF SA~D TRACT 2959, PAGE 1569 OF -NE PUBLC RECCR3S 3F C3_LE~ COUNt, FLORIDA; TdENCE N.89'32'03"E., ALONG ~HE SAID NORTH -;NE, A D[STANCE OF 30 03 FEE-. -O & :~ N- 3"~ '~E EAST L;hC C,F A ~OADWAY EASEMENT (60' WIDE) AS PER SAiD ~-AT AND SE,NO THE POINT OF BEG:',N ~.O 'HENCE CONT;NUE N.89'32'0Y'E.. ~3D,G '~E SA,D ',ORTN L'~E, A D',STANCE OF lO.O0 FEET; THENCE LEAV,NG ThE SAID %ORTh L%E, S 3C;27'51 E., A D,STANCE OF 159.94 FEET; T~ENCE S89'32'09"W, A DISYANCE DF '3 32 ;EET, ~3 TNE SAg EAST L:NE; T~ENCE N.00'2TS}"W., ALONG T~E SAD &:S~ L?,E, A OIST~CE OF :5994 FE~, TO THE POIN~ O¢ BEGINNING. ~,OT A BOUNDARY SUR,/Ev ___ . :~3z ;EC,SF~'~ N cE~rr'c*rE ,O S702 GOLDEN GATE PARKWAY IMPROVEMENTS SKETCH & DESCRIPTION OF: A !C' WiDE D.E &: UE. PAP. GEL BI t COLLIER COUNTY, FLORIDA PAROEL NO. ~ ~'2- PERPETUAL NON-F~OLUSIV~ ROAO RIOHT-,OF-V~I~Y. DRAINAGE ANO UT1UTY EASEMENT EXHIBIT.. _ --TRACT 23 '::'-' :T 24 ]OLEEh GA-E ES~AI'ES ~RACT 37 -_;D' --:£E_ ''2 ~AL ~ESCq:TDN :OR PARCE. '12 ~ESO~OS OF CCL~,ER CCC'.-~ Z..jq 3A S '~A-E % SECT~Ofl ~0. Tg.*,NSH~~ 4g SOu-H. q~+GE 26 ~ST COLLIER :S..*N'E'qCE AT Th~ SCaTS.yES' ..C.7'.E7 jr SA,D ~RACT 24. T~E'ICE N00'27'31 'W ALONO T~E ~ES~ ~,~ OF SAD -q:CT 2~. A 3STANCE CF ~3 X' :E~'. -~ A ~:~IHT CN T~E qORTh g~";E 0F A ROADWAY ~SE~ENT (~OO' WIDE) AS ~E7 EAD P~T A',D BEr'.G Td~ P),'~- ~F ~E".CE CONTNUE hOO'~7'31',V.. :.LOH3 THE ~zg WEST JNE, A 3S'AhCE OF 4543 gE~, T~ENCE ~EAVING THE SAiD .'ILST LhE. 584'54 12"E. A ];5-A'.ZE 3; ~823 FE~T. T~ENCE NSa'lS'14"E.. A ~IS'A,NC[ OF ',~208 FEET TO THE ~ST UNE OF LANDS DESCR~BEg ', OF:'CA~ !ECORDS BOOK 24'6. PAGE 2518 OF THE PUB~'C RECORDS OF COLLIER CO~N~. F~GRIDA; THENCE S.00'27'}0'C. ALONG ~E SA~D EAST L'NE. k GIS~ANC[ OF 44.21 FEET. TO T~E ~O NORTH -SE; TqENCE S flg'3I'OT'w. *~O'.3 ""~ SAiD '.ORTH LNE. A D.STANCE CF 1~0.i0 FE~. TO -HE PONT OF flEGJNNING. CONTAN,NG 5 472 SQDARE ~ET. MORE OR LESS S<ETCH ~ SESCR PITON CN~v sI<g'l'ClI & UESCRI?TION OF: PE2PETU4. L. NON-EXCLUSiVE P. OAD RIGH'f-OP-W.\y, DP. AINAGE AND UTILITY EASE,HENT COLLIEI.~ COUNTY, FLORIDA 3' -CO~5 , ! 2 3J ;5 25 I'= 50' B- 02 : F PARCEL NO.~ EXHIBIT A ; PERPETUAL, NON-EXCUUS,VE-J ROAD Ri(' aT-OF-WAY. DRAINAGE PARCEL 113 TRACT 25 EXtIIBIT A GOLDEN GATE PARKWAY (CE 886){/ ,SCLDEN GATE ESTATES ;UNIT 29 ' t TRACT 26 ; i ~ ~ ~ ~ TRACT 35 ~ :CqT 3~'~l OF T~AOT 2.5, GCL.~E,N 3ATE ES~A'ES, ~NiT 29 AS REC3RDED :N P~T ~OOK 7, ~AGE 57 OF THE PUBLIC D~ '502~ FE~. TO THE SA;D ',~EST ~:NE: T~ENCE N.00'27'51"~., ALONG T~E ~lD WEST LINE, A D~STANCE OF 29.16 SKETCH & DESCRIPTION OF: PERPETUAL, SON-EXCLUSIVE RCAD RIGIIT-OF-WAY, DRAINAGE AND UTILITY EASEMENT COLLIER COUNTY, FLORIDA EXHIBIT A CO3 ~7 EXItlBIT A tRACT 23- CATE ESTATES TRACT 37 '3C~2Eh 3.:"£ :'-R,,,',.~¥ 3R 886) ~.~' SAD TRACT 24 A 3STM,3E 3F 5; .,~ -~E-, '3 A :C',T Dh 7~E ,,;i'~ _:lE ,3F A ROAO,'IAY EASEMEhT -hE,',SE ssg'3!'37'W :~G'IG -~i ~:7 .'~- u',E ~, ]STA',CE CF '8330 FEET TO ThlE WEST ZEECRIBED ~N OFFCIAL ~ECCRD5 62C~ '52b, ~ASa 837 OF THE ~uBLC REjCRDS OF COOLER COUNt, FLOR CA; THENCE N00'27 30",~, A~C'.J -~ ~A,O ,',E$' L,NE, A 3STANvE OF 4421 FEET, TdENC[ N A 3~STANCE OF '8035 :EEC TO TP~ SAD E:ST LUE; T~ENC~ S.O0'2TSO"E, ALONG THE S~D E~T 3 STANCE OF 482~ fEET, '3 -~ :C!h' O: 3['3,NMhG CO,NTAIN¢~G 8,,317 SCUARE ~<£TCH ~ DESCRPTtCN ONLY ',OT A 3,2uhOARY SURVEY Si(ETCH ~: DESCRIPTION CF: PZP, PETUtL, NO, N-EXCLTjS1VE ROAD ::IGIIT-OF-WAY, Di{AINAGE A~:b UTiLiTY ZASE}.iENT COLL',Ei{ COUNTY, ,.,,, I..i)A -:' EXCLUSIVE ANCHOR EASEMENT EXHIBIT A TRACT EXHIBIT A TRACT 57 TRACT 24 GOLDEN GATE ESTATES ~NiT 29 E:,SEMENT / :9' -.-3,~. 2ESCRiPTION FOR PARCEL 914 A PORiiCN' 0;- TRACT 24, GOLDEN SATE ESTATES . '.,T Z9 ~S RECORDED ~N' P~T ~OOK 7. ~AGE 57 OF THE PUBLIC RECORDS OF COtU~ER DESCRIBED AS FOLLOWS, COMMENCE AT ThE SOUTH~ST CORNER Or SAID 'R~C~ 24 THENCE S BB'21'J7"W. A~ONG THE SOUTH L:NE OF SAiD TRACT 24, A DISTANCE O; '8030 FE~ TO THE WEST JNE OF LANDS 3ESC,qBED :;', O¢F:C~L RECORDS BOOK !620, PAGE 837 OF TNE PUBLIC RECOROS OF ~3~:ER COUNt, FLORIDA (THE FO~0WlAO TA'O ~2' C~_~S ARE ~ONG ~O W~ST LINE); ~ENCE N00'27'30~., A DISTANCE OF 942! FE~ ~0 ThE POINT OF BEG~HNING. THENCE N 00'27'30~,, A DISTANCE OF 9.79 FEET; THENCE ~LBB'5737"E., A DISTANCE OF 10.08 FE~; THENCE S.00'27'30'E., A OISTANC~ OF 9.57 FE~; THENCE S.88'15'14'W. A DISTANCE OF 10.00 FE~ TO THE POINT OF BEGINNING. SKETCh & DESCR!PTION ONLY NOT A BOUNDARY SURVEY ' i GOLDEN GATE PARKWAY IMPROVEMENTS SKETCH & DESCRIPTION OF: A i0' W!DE ANCHOR EASE,MENT PARCEL 914 COLLIER COUNTY, FLORIDA PERI~'TUN~ NON.-E~CLUSlVE ROAD RIGHT-OF.V~y, DRAINA(~ EXF Brr A P~oe~ of IO~ EXHIBIT GATE FARKWAY ~ER~UAL, NON-EXCLUS~V[- ROAD R GHT-OF-WAY, DRAINAGE AND bTiLt~ EXSEMENT PARCEL TRACT GOLDEN GATE ESTATES ~NT -RACT 25 :~' a~ 7 PAGE 57 J TRACT 55 ~ i LECAL ,~ESCR:~;ON FOR PARCEL ' '5 ~ECOROS OF CS-L,ER CC,.'JT~ :_7R]~ S:=j;~E :~, SEC-C'~ 30, 7D,',';S'~m 49 SOJT~, ~A,"~GE 26 EAST, CULL ER COhlVEhCE A' ~,-E ~OR-~,vES' C'CRNER OF S.:3 -R~CT Z6; -bEc, CE N 89'3!'37'E., qLOqG T~E -RACT 26, A DS'&NCE OF ~O ~ FEET, T0 -:~E hCRTb,'~EST CCRhE~ OF ~,',D OESCR,BED 232:, ~AGE 3~24 OF TPE m'.~L.C RECCqDS O: COL~:ER CCdN~, F_OR~DA; THENCE S.00'2T3',"E, T~ENCE N.59'5~'37"E, ALONG T~E SMD S,3~TH LNE, A 3:ST~NCE OF 7500 FE~, TO :HE ~ST _,hE OF SA~D OFFICIAL RECORCS BOOK; 'dENCE 5.00'27'3~"E, A_ONG THE SAD ~ST L}hE, ~ DS-&NCE DF 24 ~6 FEET; -MENCE S88'!5"4'W, A OSTANCE CF 7532 :EE-, TO T=E SAiD ,YES'r :dENCE N G0'27'31'",V, ALG',G -~E SAD ,',ESl ~E, A D~STAhCE OF 25 82 FEET, TO THE POINT CF BEGINNING. CC'~TA:NINO 1.874 SQUARE FEET, MORE 0R ~ESS. SKETCP ~ DESCR'PTION O'4~Y ';OT 4 BOJNDA~Y SURVEY GOLDEN GATE PARKWAY 1MPROVESiENTS SKETCH & DESCRIPTION OF: PERPETUAL, NON-EXCLUSiVE ROAD BIGHT-OF-WAY. DRAINAGE AND UTILITY EASEMENT PARCEL 115 COLLIER COUNTY, FLORIDA .23 Nu'tIBER R E".,S ON SECT C~. ~,D',*~[;S H,P R;t,GE S2~E 02 ~EC 36;5SKI '5 i :Dr PERPETUAL NON-EXOLU~ME ROAD RIGHT-OFJ~y, DRAINA¢~ A~O UTll.rrY ~NT EXHIBrr P,i~ 2o of/Off EXHIBIT A GOLDEN GATE PARKWAY (CR 886) s~' TRACT 25 : AND SOL~-'N GATE TAT S , JNT 29 I'~ ~X'~ BOOK 7 PAGE 37f ~ TRACT ~5 : :2RTC', CF -z.:- _1 /-L.}<. SAT-_- ES-4~ES, ~:.t~ 29 ZS RECORCED ],]'.'.IE'.CE :T -~E ',C4'-::L' '3q'.ER C; E&,3 -R~CT 26; T~E;~CE E ZC'ZT'2;3'E. ~2',3 --E {zS7 ',E CF SAiD ~qACT 25, A 3STANCE ~:7,3'0 sEE- T} ---~ .77-' '.E SF A ~'C:3WAv EASEL'ENT '{'30' ,'~;3E) AS =EET -3 '-E ,'~ES' _ '.~ ]: _-'.3, DES;DR;BED ,N O~iC:AL RECORDS BOOK 2275, :AGE '245 :]~ =-'E mLB_C RECORDS OF COLDER COuNt, FLORDA, :EET TO THE SAD SOL'~ , -~EqCE ~,~9'3','3~'~ ~_]'G T.E S~iO SOUTH ~'NE A DISTANCE OF CONTAIN;NC ~,4;7 S~UkR[ ~E~T ',~ORE OR LESS SKETCH & DESCR:PT',O,'-, ONLY 111 NOT A ~CONDA,RY SURVEY GOLDEN CATE PARKWAY IMPROVEMENTS SKETCH & DESCRIPTION OF: FERPETUAL, :';ON-EXCLUSIVE ROAD RIGHT-OF-WAy, DRAINAGE AND UTILITY EASEMENT ~ARCEL 118 COLLIER COUNTY, FLORIDA I ':-~'-~ I pERPETUAL., NON-E, XCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE EXHIBIT_ _ Page.Z.L of_/o~ D£RR. R. 3R I~85/292 TRACT 24 TRACT 37 GOLDEN CATE ESTATES ~MT 29 TRACT .... ,-~ CS_gE;; CA-E PARKWA¥ (OR 886) -EZCRDS CF CO~L,ER C3~h~ r_Z:C; &T~,,'E ', 3EST;O', 30. TJ,',hSdP ¢g SSoTH, RANGE 26 FAS' 30~L.ER 33U%~', FLORIDA GE,NS "ORE zap'-j.,z;_- -,E~]R DEC AS z3-~3.'~S PER ~m,O P~T A'~D ~E'.3 --'E ~3 .- .F zE3 h'. ',G, '-E'.SE qSg"b"4'E, A Z:'S'~',~E Zz ~$35 FEET. T3 ',-E FAS- LhE CF ~AND 3ESCRBED N OFFS:AL RECORDS 5COK 2498, ~&GE 797 DF 'NE =¢8u'3 qECSRDS OF COLL.ER COUNt, :~CR,DA; THE'~CE S.O0'2TDO"E,, A~ONG T}16 ~[D ~Sz _ NE. ~ D STANCE OF ~2 21 FEET. -3 ~"E SAD hCRTH =:NE; T~ENCE S 89'31'~7"W. ALONG THE SA,D NORTH L~NE. CONTAihING 9.037 SQUARE FEET S,~CRE SR ~ESS 5K£~Cp ~ JESCR,PT!3H ~h_~ .~---~-- F'R. ],3~_,LR ,73~hT'¢ CC ~':~Er~f 5C~RD LF ,;i.;',T: ;;,,u,SSiOhERS GO[.DEI'J GA'i'E PARKWAY IMi~2,0\IZ.MEN'IS SKETCII & DI,iSCRIPTiGN or: ?2]RgE'I'UAi., :iT;N-EXCLUSiVE ROAD FARCEL 117 COLLIER COUNTY, TEMPORARY DRIVEWAY RESTORATION EASEMENT (I~JRATION: $ YEARS FROM COMMENCEMENT OF CONSTRUCTION) EXHIBIT 'RACT 24 EXHIBIT A 0ERR, R. OR 1385/292 '.RACT 5B GATE ESTATES ~,~T 29 RESTORATION EASEMENT (DURATION: 3 YEAR8 PROM COMMENCEMENT OF CON~I~IC'I'IO~ -=~z :, :SRT:,DN .OF TRAC'" 37 S,L~SE'i ;]ATE ES-L:ES, ~L:T 29 .:,S F£SCq, S, ED ', FLAT BOOK 7 ,:'~'GE 57 ,Sz Z-~E F, 3LC '-,FCS,,RDS .OF COL_ER CS,J'.",", =_59~.-. S,C~s--:_ :, SES-:C'N 30 7]h'.Sr:~ .-t9 SOUTH, a~t;gE 26 EAST CCLL:ER C3,~h?v, :LO~:DA EENG 9C, qE :~R,~S~ ;~L'f L.,ESSqSED ;,S FC_US?,S. ' :}'",ELC£ .aT T:dE $?..T~,',EST COq'.? 2~' ~.-.£, T:~A.ST Z7: -HE'ICE N00'27'36"W, ALOhG THE ,',"EST _;';£ 0~' $.:Q ~AST 57 ;, ?SL~.NCE S; S~ S' =E~', '":~'.SE '.~.8'15":~-'C., :' S.STANCE OF 5054 FEET ~,D -,'~E :O',,qT CF 5E'G;t;N.hG; Tr£NCE '~ SI'44'46"W, A S ST.LNCE Sc ,550 zEE-; T~E',CE ',.58"5 14'E.. A 3iST~.%CE OF 23 45 FEET: THENCE S,.]1'44'45'[, A _~iS~,M'iCE 'CF 5.00 ;EET; -ff'ENCE S.88'~5'14"N., ~ 3,STANCE OF 25.49 FEET -O -hE POINT OF BEGINN,:NG; SO;JAtNiI';C, ; 175 SQb:ARE FEE= x!ORE CR -SSS £KE'~CH & DESCRIPT,Ch Cq_Y ,',CT A 30~NDAqY SJRVE¥ S:.',kS: ~RCEI. PERPETUAL, NON.EXC.~LJlk,~IVE ROAD RIGHT-OF-.VN~Y, ~ ANO UTILITY EASEMENT EXHIBrl'.. _. page. L ot.L TRACT 26 EXHIBIT A GOLDEN GATE PARKWAY t/ /'/-~/' /' / /.s~m'~'~ PErPETUAl, %ON- EXCLUSIVE ~OAD RtGHT-OF-WAY, DRA,NAGE AND d~',L~ ~S[~ENT ~ARCEL 118 TRACT 35 :2LSEN GATE ESTA'Es TRACT 36 :'.SA_ GESCR:PTON FO'] PARCEL *!B -~ ~SR~ION OF TRACT 35, ,.]3LCE"~ ,S,~-E ESTATES, ~i~T 2~ ~S RECCRCED N ~T BOOK 7 ~GE 57 OF T~E POLLO COJh~. FLCRIOA B~NG VD~E P~RTC"-~RLY ~ESCRiBED ~S FO~.O,V$ 33'JMENCE AT T~E ~.OR'm?,EST gC'RhEq 2:~A3 17~Cz 35: ThEF~CE S 30'27'}0"E.. 4gONG THE *~EST ~NE O~ SAiD TRACT 35, A O~S'ANCE OF fOCO ;E~, Ti A :g'.T ON ~E SOUTH L~',E OF A ROADWAY EASEMENT (i00' ~lDE) ~ PER T~[',CE N.Sg'31'37'E., ~LONG ~r',~ 5~:3 SC~TH L'NE, A J~STA~ICE OF 3~0 36 F[~, TO TWE ~ST UNE O~ ~D T~ACT 55; TdENC[ SO0'27'30"E., ALOhG T~'E S4;D EAST L:NE, A O~STANC[ CF 14~ FEET; THENCE S.B~'IS'l~"W., A DIS~ANC~ 3F 330.44 FEET, TO T~E SAD ,',EST LNE; THENCE N 00'27 50~W, ~LO,NG THE ~iD WEST LINE, A D~ST~CE OF 21B2 CONTAiNiNG 5,996 SQUARE FEL-f, ',~0RE JR _ESS S&ErCH ~ DESCRIPTION O~LY ',3r A BOUNDARY SOR'/E~ GOLDEN GATE pARKWAY I%:pRoVEMEN'FS SKETCH & DESCRIPTION OF: pERPETUAL, ?;DN-£XCLUSIVE gOAD RIGHT-OF-WAY, DRAINAGE AND U~ILiTY EASEMENT PARCEL COLLIER COUNTY, FLORIDA ~^RCEL NO.~ PERPETUAL, NON-.EXCL~ ROAD RIGHT-OF-Way, DRAJNdiK~ ~ umu-n, E.".SEMEm' EXHIBIT TRACT 2~ EXHIBIT A 330 ~PL,~U 0OLDEN GATE 2ERR. R TRACT 38 JAN 1 2003 ::=-~PETj~,-, '.$%--FXCL'.,$;'/E -- 3~'2~L 4 :CR[,:'~ ,:F -~=2'- 37. 5,%3~', 3;F5 ~Z".'ES .~,,7 29 ~S ~ECORSE3 ~, =~AT BOO~ 7, PAGE 57 OF :HE RECOR3S C; 2C_~R 3C~:,T, :.2;~A E:.- ~ L SE'ZTISN 30, rS',VNSmP 4~ SOUTH, RAHCE 25 EAST, COL~ER :C.'i~, ~_GRDA 5E~iO ',h3RE ma~TCL_~R_~ SESS~BED AS FC, L_C,~S. CC'.'nE'.CE AT 'hE SOda-EAST C2R:,ER 2F S:C -q~Cr 37; THEhCE ¢,,30'2T],3"~, 4LONG THE EAST ~NE OF SA!0 'RACT 57, A :,STANCE CF 500~ :E~T T3 ~ c3,',' 3N ~E ';ORTd LhE CF A ROADWAY ~ASEMENT (iO0' WOE) AS PER S.:;D ;~AT ~hD JE ',,O %,E ;,2 .'.T C: BE= ',h T,-E,NC[ 5.89'3!'37 W, ~LONG THE ~O ',ZFTm ',E. A 0STANCE 0F l~0 ~0 FE~, TO THE WEST LiNE OF JESCREED IN OFFICIAL RECORCS 5C0~ ~53, F~GE 292 0F ~d[ PbSLC RECOROS 0F COLbER COUN~, FLORtO~ THENCE NO0'27'30~,, :,LONG ~hE 5A.O zi~ST LA.E. A 0iSTANCE O~ 52Zi FEET; THENCE N~B'IS'14"E., A O:~TA,NO~ OF '50.14 FEET, TO T~E S~0 EAS' LINE; "r*E',CE S 00'2T30"E. ALONG ~HE SA]0 EAST ~JNE, A DISTANCE OF 55.5~ FE~, CONTAhNING 8.087 SQUARE ~-EET '.~CRE ER LESS S<ErCH .~ DE$CR.PT!CN C.',.Y '.OT A BCU,'ZOARY SUR.'E'r 'JCLDEN GAT, PARKWAY I?,:pRo,,rE),,E?~TS SKZTCII ~ DESCRIPT[ON OF: PERPETUAL, NON-EX2LUSIVE ROAD RIGItT-OF-WAy, DR,AiNA3E AND PARCEL 119 COLLIER COUNI'Y, i'LCRIDA TEMPORARY CONSTRUCTION EASEMENT (DUFtATION: 3 YEARS FROM C, OMMnt,K~MeNT OF C, ONS~ON) EXHIBIT_., .. P.o.,~ of/<:::"~ EXHIBIT A GOLDEN GATE PARKWAY (CR 886) ' Wl0E TEMPOR~Y CONSTRUCTION EASEMENT PARCE~ 720 scom~7'ss"E 200o i ' ,20'27'33'N i 2o oo TRACT 35 TRACT 36 GOLDEN GATE ESTATES uNIf 29 1 TRACT 55 LEGAL DESCRPTiON FOR :~ARCEL 720 SKETCH '~CUNDARY & DESCRIPT'ONIsURvEyONLV ' ~j'~ GOLDEN GATE PARKWAY IMPROVEMENTS COLLI~R COUNTY, FLORIDA N.~.~A~a~ PA.CEL 1 ;a A- PERPETUAL, NON-EXCLUSIVE ORAINAGE AND UTILDW F--ASEMENT p~g~.?..~_ of / O~ TRACT TRACT 55 EXHIBIT A GOLDEN GATE PARKWAY (Ca 886) WIDE DRAINAGE EASEMENT UTILITY EASEMENT PARCEL 820A 2,902 $~. ~t. ! 1 ~' ,,cc'~",~o*.~I mob) TRACT 36 GCLDEN GATE ESTATES UNIT 29 5OOK 7 ~AOE 57 1 --,G'P.~.O'~O~.2~O"-'..-- tRACT 55 SKETCH &: DESCR raTION ONLY GOLDEN GA'FE PARKWAY IMPROVEMENTS SKETCH & DESCRIPTION OF: A !0' WIDE 3 E & U.E. PARCEL 820a COLLIER COUNTY, YLGR!DA E JAN 2003 PLRPETUAL NON-EXCLUSIVE DRAINAGE AND UTILITY EASEMENT EXHIBrr_ .. P'.o. 77 ot. LCLfl. TRACT 35 t POINT OF ~1 TRACT 36 E×I~IBIT A F~SELN[ OF SURVEY N 89'51'37" E GOLDEN GATE PARKWAY (DR 886) TRACT 35 GOLDEN GATE ESTATES bNtT 29 TRACT 55 BED AS FOLLOWS CS!z~ENCE AT ~HE NCRTHE'~S' CGRhER 0c ~4AJD ';:.CT ]5; '~E'.CE S 8D'27155""--., AugNG *HE DST LLNE OF SAID TRACT 36, A Die. CE OF 5030 FE~; THENCE .~V, NG T~E S~3 ~T _%E, SSa'3! 37'",v, A C~ST~CE 5gOO FEE*, TO A POINT ON THE WEST UNE OF A ROADWAY ~ASEMENT (50' WIDE) ~ P~R FLAT ;xg ~E,~G ~HE PONT O~ BEGLNNING; T~ENCE S00'2T55'[., ALONG THE SAlO WEST ~lhE, A DISTANCE OF 52989 FEET, TO A POINT ON THE SOUTH LiNE OF ~D T~CT 56; THENCE 559'32'29~, ALONG T~[ SAJO SOUTH LN[, A 2,57ANCE OF :000 FEET; TmENCE L~V,NG THE SA,D SOUTH DNE, h.gO'2T55',V ~ 3~ST~ICE OF 629.89 F[~, TO TNE SOUTH ~;NE OF A RO~WAY ~E~ENT (100' ,Vi0E) AS PER SAID PLAT; T~ENCE N89'GV37"E., ~ONG ThE SOUTH L'~E 0F SAiD ~OADWAY EASEMENT (100' WIDE), A D,ST~C[ OF 10.00 FE~, TO THE PqtNT OF GOLDEN GATE PARKWAY IMPROVEMENTS SKETCIt & DESCRIPTION OF: A :0' "¥IDE D E & U.E PARCEL gPOB COLLIER COUNTY, FLORIDA :,2EX NO FILE !JA!,4£ Sr'E~.T 00~55K8208 I OF PARCEL NO. EXCLUSIVE ANCHOR EASEMENT EXHIBIT Page 2~ of JAN EXHIBIT A GOLDEN GATE PARKWAY (OR 886) '~CT 36 GOLDEN GATE ~SEMENT PARC~ 920 TRACT 55 .EGA~ CESCR:PTiON FOR PARCEL 92C A PORTION OF 'RACT 36, GOLDEN GATE ESTATES, UNiT 29 AS RECORDED ~N PLAT BOCK 7, ~AGE 57 OF -~E ~UBL~C RECORDS OF CO~L[ER COUNTY, ~LORIDA S;TUATE ~N SECTION 30, TOWNSHIP 49 SOUTH, RANGE 25 EAST CULLER COJNTY, FLORIDA BEING ~¢GRE PARTICULARLY 3ESCRBED AS FOLLOWS. COMMENCE AT THE NORTHEAST CORNER OF SAID TRACT 55, THENCE S.00'27'55"E. ALONG THE EAST L;NE OF SAID TRACT 36, A D STANCE OF 308,04 FEET:. THENCE S.SB'32'OS"W,, A DISTANCE G: 40.00 FEET TO THE POINT OF BEG:NNING; THENCE S.00'27'55"E., A DISTANCE OF 10.00 FEE-r; "HENCE S B9'32'05"W., A DISTANCE OF 30,00 FEET; THENCE N00'2T55'~V., A D!STANCE OF !000 FEET; THENCE N.89'32'05"E.. A D~STANCE OF 3000 FEET TO THE POINT OF BEGINNING; CONTAINING 300 SQUARE FEET, MORE OR LESS. SKETCH & DESCRIPTION ONLY NOT A 80UNOARY SURVEY ;OR: CCLL!ER COUNTY GOVERNMENT BOARD O,-- COUNTY COMMISSIONERS GOLDEN GATE PARIO~AY IMPROVEMENTS ISKETCH & DESCRIPTION OF: A tO' ~¥1DE ANCHCR EASEMENT PARCEL 920 COLLIER COUNTY, FLORIDA , C -CO 5 2 [ 30 4g 26 CATS DRAWN BY FILE NAiF J SHEET 9- 8-32 REC 30~ 55K920 I : OF IZl EXHIBIT A 5OL]EN 3ATE ESTATES TRACT 55 SKETCm &: DESCR~T~Oh 'O×LF qOT A 90~hDAR¢ SURVEY :.-_ :, --CF-,',AY Dq.:',AGE - '" ' · ,< . < . :"',r :, L , · ,, , ,.. ~-, ( ~ < - ....... J- ' .,',' ¥ '> '. ",".,">~z',, . :,..,-:,-., ................. -"-~ GOL2E', CA~E PARKWAY (C~ ~86)' ~', ELCSRDS CF SCL,ER COs',TM, :_Z~[,z ST.z-E '~ 5:Z-,DN :3 ;C,',',S~'P 49 SOOTH, ~AHGE 2B EAST, CO~_ER CO~N~, ]~, A 2'STANCE OF SC C0 :EET, T0 A sS ,~ d', '~ ',Oq*H ~'~E OF A ROADWAY E~EMENT ('00' W~0E) AS PER SA, D '~E',CE CCNTINOE N 30'27'30 ¢/, ~3'.3 7~E SA0 ',',EST L, hE, A 0ST4NCE OF 5554 FE~, 'H?,CE N88'15'14[,, A D,STANCE OF ~064 FEE~, TPEr~C[ ',bD'31'3/'E, A D,S~A'~CE O~ 15657 :EET ~HENC[ N.79'42'59"[, A DISTANCE OF 34 D2 ;E~T, TdENCE N 44'31'5' 'E., A 3,$'AI;CE 0F 2857 FEET, ~O THE WEST L,N~ OF A ROADWAY ~SEMENT (60' WIDE) AS PER SAID P~T; THENCE S 00'27'55"[ ~OhO ~HE WEST L,NE OF SA,D ROADWAY EASEMENT (60' WIDE), A DISTANCE CF 84 CO FEET, TO THE SAD hOR'H ~ t,E, T~EhCE S 89'3~'37"W. ALONG THE ~'0 HORTH FEET, ~O THE POINT OF BEG~NMNO. SON*&NING !7,753 SQUARE z[Ef, :,'CRE 'SR LESS. SxE'rCH a DESCP. IPTION OF: P:2?ZT rA: RIGHT-OF-WAY. DI~AiNAGE A~;D COLLIER COUNTY. FLO[~IDA 2!-3,2i5 I I ' = 36 8-25-32 ~EC SOiSSKI2~ DF -~AP. CEL NO..~...~ PERPETUAL, NON-EXCLUSIVE DRAINAGE AND UTILITY EASEMENT EXHIBIT EXHllq W A TRACT 57 -RACF 58 GOLDEN GAlE ESTATES UMT 29 '3 V, DE DRANAG-_- E.ASEdENT -~ ~,RC EL TRACT 53 SATE PiRK',VAY (OR 886) sE S,'tETGH :~ DESCR;PT Oh,, CNL'f ~C'~ A 8OUhOAR¢ SURVEY E ~ FS:~-'O'~ OF -FAC- 38. 30_3E~: S.&-E E~z'ES ¢~,1T 29 F~ S RECCRCED !N PLAT 9CQK 7. PACE 57 3F T~E auBLC 3C'/',~Eh,CE AT -FE SOUF~E~S' CCR',ER 3:E-5 ?ACT 58 TdE~CE h.C0'27'55'~, ALONG -HE EAST Lille O¢ SA;D -RACT 58, A DST~r,C6 OF '~4 30 -::7; -~:'~E S 89'32'35'w, A 2S~ANCE OF 50.00 FEET TO ThE POINT OF T~ENCE S 44'5~ 51 "W, A 3:ST4NCE 3F '4'4 F~T; 'r, EhCE N 00'27'55"W., 40.00 FEET WESTERLY 0F ~D PARALLEL ThE ~ST LINE OF SA:D 'RAC' 58, A C,S~ANCE OF 516.01 FEET: -~ENCE N.Sg'32'05"E., A DISTANCE OF 10.00 FEET; THENCE S.00'2~'55"E, 3000 FEET KESTE~LY DF AND PARALEL TO Tree SAG EAST L;NE OF TRACT 38, A DISTANCE OF 506.C0 FEET TO THE DOINT C~ BEG~NN!nG. ., CCh, TAN~NG 5,1 lO SQUARE FEE-. ',lORE O~ uESS GOLDEN (.;ATE PARiOYAY hLIPROVE,~IENTS SXE]'C:-I a DESCRIPTION OF' lC' WiDE D Z P k2CEL 821 COLLIER COUNTY. i:LORIDA .CB & UE ~CALE ZLE t,A'.iE J S~EET I '= 80 73', 5SK~21 J ZF EXCLUSIVE ANCHOR EASEMENT EXHIBIT A TRACT 5~ GOLDEN GATE ESTATES UNIT 29 ~T BOOK 7 PAGE 57 TRACT .37 .~.~Lb:-h) GATE PARKWAY (CR 888) _F_GAL 2, ESCR[PT!ON ,=OR PARCEL 92! TRACT 5.3 w 40,00 A mORT'ON OF TRACT 38, ,gOLDEN GATE ES'A'ES, u',.T 29 AS RECORDED tN PLAT BOOK 7 =AGE 57 O~' =HE :~UBLC RECORDS OF COLLIER COJNTY, FLORIDA SITUATE iH SEC?ON 5,3, '$WNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLCRIDA BE,NG MORE PA,R]ICULARLv 3E$CRIBED AS ?O,.LOWS, COMMENCE AT THE SOuThEAST 3OR';ER C: SAD ~RAC~ 3B TH£~'!CE 't.O0'27'55"W, ALONG THE EAST LiNE OF SAID TRACT ,38, A D,STANCE OF 3.59.35 FEET; Td-Z',CE S.89'32'05"W., A D~STANCE OF ':,0.00 FEET TO THE =OINT OF BEGINNING, THENCE S.BB'.~2'05"W., A DISTANCE C"'- 3000 FEET; THENCE N 00'27'55'NV., A DISTANCE OF I0.C0 FEE'r: THENCE N BB',32'05"E., A DISTANCE OF 30,00 FEE-T; Tr~ENCE S00'27'55"E,, A DISTANCE OF 10,00 FE-Fi' TO THE POINT OF BEGINNING. CONTAINING .300 SQUARE FEET, MORE OR LESS. SKETCH 5: DESCR!PLON ONLY m NOT A BOUNDARY SURVEY ---' FOR: CC'LL:£R £OUNT'f GOVERNI,4ENT ~OA,~D OF 2CdNF( CB!,~M,SL;OHER$ GOLDEN GATE PARI~DYAy IMPROVEMENTS SKETCH & DESCRIPTION 0Fi A tO' v,'IDE ANCHOR EASEMENT PARCEL COLLIER COUNTY, FLORIDA JO8 NUMBER O~-OO15.~ ;LE ','A~J E J S,"EET S0'~SK921I 37 ' PERPETUAL, NON--EXCL~ ROAD RIGHT-OF-WAY, AND UTILITY F-AS~MENT EXHIBrr A JAN TRACT 38 EXHIBIT A 350 (PL~T) TAYLOR OR 2342/2357 TRACT 54 TRACT 53 GOLDEN GATE ESTATES .AlT 29 P ~ ~'F'JAL, ,qON- EXCLUSIVE ~,~ -- AC, AD R G~,~-OF-'-,¥AY, DRA',NAGE AP',D SO_CE/i ._~RPTCN :OR P~RCEU 122 ;L>.'~,:LNCE Ar 'hE ~C~-P,',ES- 7; :,:: - 5-;3 '~C- 25: -:E',CE ~LD';G Tree ,¥EST L;,E O; SA'O :~CT 55, '. 2C'27'55".V, A 2S-4hgE CF '': :: :~:- -~:t,SE '.8g'51 27'E, A CSTANCE OF 30CO FEE-. TO -~E EAST -'m'<CE C?, f.~,.g: 5r;;C;A_ RECCROS ~COK 832 ::;J '~55 27 F4E ~JSL'C RECCROS OF COL_ER COuNt. 7LOROA; 7~E',CE 5 GO*27'29"E, ALCNO ¢~E EPS hE CF SA,G OFFiCIaL RECORDS 90OK, A D~S%NCE OF 6400 FEET, TC r PC;NT ON ThE >,ORTH _7,E 5F : 42;2,sA¢ EASEMENT (130' ',WOE) AS ~ER SA~D PLAT; THENCE S d~'}}'37",V, ~LCNG -hE 5:D ',~-~ _'.E 4 $S-AhCE OF :ED27 FEET, TO THE TdE EAST LINE OF SA:D ROAD,';Av EASEhlELT 60' ',VDE; --E,]E ..3G'ZT'gS"W, $_O',0 T=~E EAST LiNE CF SA,D ROADWAY ~5E'~ENT ~SO WIDE), A O;STANCE OF CONTA, N:NG 9,617 SQUARE :C=-, ",;?E ER LESS. SOLSEN GAJ. E PARK;¥AY I?IPROVZ:,fEN:'S · Si<ETCIt & DESCRIPTION CF: I~ER'.:'ETL'AL, X':;N-EXCLU£1VE ROAD RIGi 'F-¢F-;q4Y, DIM',NAGE A,"JD UTi;',I'¥ ZASZt.::<Trr E PERPETUAL, NON-EXCLUSIVE ORAINAGE AND UTILITY EASEMENT £×HIBI'7 A EXHIBIT..&._ TRACT ~ ~ r~ I~- -RAC- 53 ]O_3EN GATE ESTATES ~:.~ 29 :. ' 3 ,',IDE 3RAtNAGE .... EASE!JEHT. : :,REEL B22 '~ TRACT 54 1' :' =~ CS 3;~[::T:'3:i FCR PARCEL 822 ~,)3K -'. :~'3E 7- 2- ~ ~: S ~E']CPOS 3: ]C_~:E~ '2.3.,h~, :LCR'2~ S:'L;ATE ~[ ~,,3 MOPE ::R;' :j_~RUr LLSC~ BED zS :O: _O.',S, 2E;hO --:C EaSiESt'" } 1~ Z:- S: -~E ,,,,ES~Eg_~ zOCO FEET OF '~E SOUTHERLY :4030 FEET CF SA0 ~:z[T _5, _ESS-:~E S,3U[~EEL'F ~'4.30 FEET TdEREC~ CSN~hlNG 5,260 $C~:<E -CE-. "CRE CR _ESS. JAN SI<ETCH & DESCI{IPTION OF: A CCLLIEI{ COUNTY, FLOriDA EXCLUSIVE ANCHOR EASEMENT EXHBrr A EXHIBIT A TAYLOR OR 2~42/2~57 TRACT 53 GOLDEN GATE ESTATES TRACT 54 ~i3AL 3ESCRiPTION FOR mARCEL ,922 ,A PORTION $: -RACT 52, S.3LDEi', SATE --~A~-~ :~ ,_~, JN[F 29 AS RECORDED :N ~T BOOK 7, mACE 57 DF -fie mJ3L~C RECORDS OF COLLER CObNTf, FLORIDA S T~ATE ,N SECT]O% ~,D, TO',¥NSH~P ~9 SSUTM, RANGE 26 EAST COLL;ER 3E~,NG ,NIOR[ PARTFC~RLY DESCRIBED AS FOLLOWS, COMMENCE AT idE S0bThWEST COR.'~ER OF SA, D TRACT 53, YNENCE ALONG T~[ WEST LINE OF SAIO TRACT 53, A D~STANC[ OF 356.49 :E~; THENCE a 89'32'05"E., A 0;STANCE OF 40.00 FEET TO 'HE POINT CF BEGiNNiNG; T~ENCE NOO'27'~2"W, A ~STANCE CF !000 FE~; T~N~. N89'32'05"E., A D:STANCE OF 30.00 ~: T~E~CE 2.00'27'55"E,, A D~STANCE OF 1000 FEET; TmENCE S,B9'32'CS"W, A O~STANC[ OF 30.'30 FE~ TO ~HE PO~NT OF CONTAINING 300 SQUARE FEET, MORE OR LESS. 2003 SKETCH &: DESCRIPTION ONLY r--~'--~,, NDT A BOUNDARY SURVEY G3LDEN GATE PARKWAy IMPROVE,V. ENTS SKETCH & DESCRIPTION OF: A !O' t!'|DE ANCHOR FASENENT PARCEL 922 Cf)LLIE~ COUNTY, FLORIDA F_~ NANE SHEET OF ' JAN ~RCEL NO. ~..~.~ PERPETUAL, HON.,EXCLUSIV~ ROAD RIGHT-OF-V~&Y, I~OE ~ UTILITY EASEMENT EXHIBIT GOLDEN GATE PARKWAY (CR 886) ~. mERPETUAL, ~ION-ExcLumvE %' RO~,D RIGHT-OF-WAY, BRAINAGE AND u%Lh'P( EASEMENT ~ARCEL 123 , TRACT 55 GOLCEN GATE ESTATES UNT 29 TRACT 55 aECORC, S OF COLLIER COJ,NTf, Ft. CRDA. Fr*E',CE S 33'2TES"E., ,~.ONG TPE SAD EAST UNE. A DISTANCE OF 50,00 FEET. TO A POINT ON THENCE CONTINUE S 00'2T55"E., ~LONG T~E 5A,O ~ST LIhE 4 D~STANC~ OF 2800 FE~; TNENC[ S89'31'37~N, A OISTANCE OF 149.90 LhE OF SAD RC~WAY E~SEMENT (50' ,VDE), A 3ST;bCE C¢ 2~00 FEE*. TO ',dE SAiO SOUTH LNE; T~ENCE h 59'~V37"E. &LONG THE hOT A BOOI~DAR'f 5,~RVET ~:.~aZ :=~,~ ~,;,,,~ ;~r~ ~/~ ~ GOLOEN GATE PARK1¢AY ILIPROVE,ME:;TS ~KE'rCIt & DESCRIPTION OF: P~:,;P!,;I'U-',I ?:,:X-EXCLUSIVE ROAD XIGIIT-OF-WAY, DRAINAGE AND UT!LIT'( E:~SSMENI' PARCEL COLLIER COUNTY, SHEET JAN :,aRCF_.L NO. ?ERPETUAL, NON-EXCLUSIVE 3RAINAGE AND UTILITY EASEME~ F. XHIBIT A, psOs of / -~ACT 36 l --E×ItlBIT A- 89'51'37" [ GG~DFN GATE PARKWAY (CR 885) TRACT 55 GOLDEN GATE ESTATES JM;T 29 'RACT 56 -i ~EGAL C. ESCAPTON :OR PARCEL -' ~R-:C>, Om -,~ACT 55, ::C'~b~'; 3z'E ~S'~TE$, U~T 2D AS ~ESORDED iN ~T ~OOK ~, :~SE 57 ]F ~HE ;~,gu;,Z ~iLRiS 5~ ]O__~ER CObNZf, FLOR~DA SITUATE :N SEC%ON ~3, -C,',%S~P 49 SC~T-, ~z: 3~ 26 :=S', :3uL;ER CO.h-'F, F~ORIOA BEING '~ORE T~E EAST !0.CO FE~ :R~CT 55, ~ESS T-E NORTH -B~O :EE" THEREOF. COHTA:NtNG 5,220 FEEl'. ~.tO~E OR i ESS. SKETCH & D£SCRPY!ON O~;L'? - :;3T A ~OUNDA~Y SUR','E'~ .... ~ ,gOLDEN GATE PARKWAY I~IPROVEMENTS SKETCH a DESC~IPT!ON DF: i ~0' h'iD~ [.FAiNAGE EASEME:~T PARCEL $23 COL~IE:~ COUNTY, ~LOR:DA 3-( 5--- ] 2 3C ' 5S,< B23 : 3F ~ PERPETUAL, NON-EXCLI~ ROAD RIGHT-OF-WAY, AND UTlUTY ~ EXHIBIT Page '~'7 of/~)q £×H1BIT A TRACT 58 TAYLOR OR 2342,/2557 T ~P~,CT 53 30~DFN GATE ESTATES ;N,T 29 P.'i :{ P ~-~FUAL qC",l- EXCLUSIVE q3~*~ R 0bIT-CF-dAY DRAINAGE ANO bTk~f EASEMENT~ ~z, RCEL 124 TRACT 54 S;2',I','Et,,,..:-2 :C--6 £:br'~dzS- 2CR',CR SF SA3 TRACT 55; '~::,C~ ~aO~,8 '~E E~ST _',{ iF SzC -qzCT ~3, : 3:S-4/,,CE C~ 5350 F&~T, -0 A ~CNT SS ~E '~C~7H LLE 3r ~ '~3,1,,':A'~ SASE',~E;J L:C0 ,',DE} AS P~ SAD °LA[ TO ThE WEST ~';E OF _a;,,3 2ESCR:BED "N OFFC:A~ eECORDS BOOK 25a2. PaGE 2357 OF T~E s a~C RECORDS OF CO_L]ER CO~},W, ;~CRiDA, THEHCE ': 63'27'29'?,' :LONG :~E S~,D WEST _:,E. A 2STANCE O~ 6400 FEE :mE'aCE _EA' NG ;HE S:D ,'~EST LNg, :,89'5~'37'E, A D'S'ANCE O[ 36.08 -)dEr;CE 589'12C0"E., ~ S;STANCE OF 102 45 FEET; "~E>,CE S 32'22 37'E., ~ D;S~::,CE 0F 1:38 FEET. TO T~E SAID ~ST T~ENCE S OO'2TEg'E., ALCNG THE SAD E.~ST L/,E, A ,DISTANCE 0F 60,~2 zE~. Tr~E ~OiN[ OF BEG CONTAINNG ~,~ SQbARE CEET, ~ORE OR LESS SKETCIi A DESCRIPTION 0I": PERPETUAL, NON-EXCLUSiVE COLLIER COUNTY, FL,DRLI]A PERPETUAL, NON-F.~OI.~ ROAD RIOHT-OF.~y, ~ ~ u'nul~ EAS~ EXI T A EXHIBIT A GOLDEN GAT[ PARKWAY (OR 886) P E:~PE-r~JAL. NON-EXCLUSiVE ROAD RqHT-OF-~ ,Y, DRAINAGE A",D 1 UT'LI'Pf EASEMENT PARCEL 1 25 TRACT 55 30~OEN GA~E ESTA-ES uh.T 29 TRACT 56 _-~_ 2£5CRLP%ON FOR PA'~CE,. ~, oC;'T;Ch CF -qA2, 55, 30~3E'; 3*'Z :S'-,-ES '~ T 2g AS ~ECCq'3EC ', =~T BOOK 7, 2Cv',,ENCE AT T~'E t.C~T~ST ~3q.'.Eq C; S~ ] ~ST 55; 'dEhCE S 00'2T29"E. ALONG T~E ~ST LiNE O: SA',D -R~Z'T 55, A :;STAhCE C: 5C20 :EE- '' : ~2:.7 CN T~E SCIUTW -';E 0F A R0~DWAY EASEMENT (100' ,VIDE) T~ENCE CC'NT~UE ~LCNO THE BdO E4ST _ ',E, S C'3'2129"E, A D STANCE 'O~ 12~7 FEET; THENCE L~VIN0 E~T L.hE S~V42'O4"W., A 3STA~;CE 2F Z99: :E~T, THENCE 589~31'37"W, A 3;STANCE OF ~0.~7 FEET, TO THE ~EST LiNE OF LAND DESCRIBED 'N g, FFC:~ AE2CR3S BOOK 2349, PAGE 2~55 OF ThE PUBLfC RECORDS OF COLLIER COUNt, FLOROA; TPENCE N 00'2755 4, :~'~G -mE SA~O WEST ~.NE, A OSTANCE OF i~00 FE~, TO THE ~10 SOUTH _TIE; TPE¢~CE '~ 89'31'57"E, ALDNG '~E 5A3 SC~H .~,'E, A DISTANCE OF '500~ fEET, TO TME POINT OF BEGINNING. (;OI.;3E?,I CAJE PAEI(WAY IMPROVEMES;F~ R',GH'2-0F-WAY, DRAINAGE AND Ui'ILI:'Y P ~RCI:L I d6 COLLIER COUNTY, FI.CRID.; PERPb-TUAL, NON-EXCL~ ROAD RIGHT-OF-WAY, ~ AND UTIUTY EASEMENT EXHIBIT P~3~ of~ JAN 20O3 E×HIBIT A TRACT 53 TRACT 54 GOLDEN GATE ESTATES _NT 29 _,CncTER OR '059/~69 ?ERPE'LAL. NOK-EXCL~SP/E qCAD RGHT-OF-,~AY DRA,%AGE~ AND ~-LiTY E~SEhIENT PARCEL !26 .: i.,00'27':~'~1 60'2/ TRACT 67 3,', 33. 'S,¢,hSm? ;g SC,¢Tm R:'~GE 26 EAST, ,,EST _NE 3: SAD 'R4C~ 54, A 5ST:";CE OF ~7, ~HE ;C~T~ ,_',E }: ~ ~(i'~[,,',.A'~ E;SE,!ENT ~t_;[ a>.3 ~Es,S -'g PO,,T S~ -~E SAO ,','EST . iE, ?;ZO'27'Zg"W, A D%TAhCE _E~.'qO ':-'~ 5~3 ,',EST <>,E. 5.B2'22 57 E, ,}F ~AND DESCRIBED N CrF:C.AL RECORDS BOOK ;,.)ELiC RECORDS 3': CCLL;ER COUNt, F_C~iDA, :_C',O 7~E 3AiD EAST L~NE, q DISTANCE OF 52.!4 n~S',S THE SAD NO~Td UNE, ~ DISTANCE CF T 'DF BEGiNMNG. FEE~, MORE OR LESS. 2 PARCEL NO. TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURATION: 3 YEAR8 FROM COMMENCEMENT OF CONgTRUCTION) EXHIBIT Para, ~0 of_LO~ EXHIBIT A TRACT 5.3 54 gO ~ENu ~TE2 ~STATES TRACT 67 E 'l .- ) _:._-.:L -.S:; :TC% :C;R -':~,CEL =25 ' -:-E, 3~-4,2E 3~ ''C 'l :{i~' 7¢E'.OE 582'2'16~'E : CS-L',CE CF 39.~4 rEET -~ ,CE 589"232 E 2ES";h ',C -~E'.'CE ',23'4:'~,)';~, : 2STANCE C,F 1:00 ;EET: -~ENCE S39' 200"E. ~ Z.ST.z'iCE CF 21 3C ZEE-. --EhCE S.OO'41 40'E A CSTANCE OF 11 O0 FEE- T-P,CE t, ~':2':C',V. 4 ]'STANCE OF 2!'26 fEET fO -mE PC, NT OF BEC ~,:, CC;IT~N::',S Z~' SCU~RE :EET, ',:CRE OR _ESS SKETCH ~ DESCRIPTCN ONLY '~OT A ~OUNDAR'¢ SLR/E" SC.~L£: $!,:E'PCI[ & DESCI~.IPTION P,\I';C E L 728 COLLIER COUNTY, FLORIDA _33 huUBER RD;SC', SEC',;*~i [,C,~',S~= RA'JGC SC-',-E 2. TE CRA~N ~F ::LE :,~.~EI S~-E~ PERPETUAL, NON-EXCLUSIV~ ROAD RIGHT-OF.WAy, AND UTILITY EA$EMENT EXHIBIT A ,, p.~.N.L of io~ EXHIBIT A ---~' ]-/ /// /' .-'/ .'GO,_DEI' CATE PARKWAY (.CR 888) ./ PERPETUAL., kON-EXCLUSVE ~ ~AD RiGHT-OF-WAY, 3RA NAGE ~ PARCEL I 27 5:~'~7'50 'E TRACT 55 TRACT 56 ;OLDEN GATE ESTATES Uh~T 29 PLAT YOGA 7 PAGE =7 F TRACT 65 _15:._ i:~SCR~;~TiON FCR P~eCE~. CO~t~¢Er,CE AT 'PE *;ORT~WEST CGR'*ER : S~;O -RACT 56; ~E"~CE S 00'27'29"E., A%ONO THE ,~EST LiNE OF -RAGT 56, A D~S~ANCE CF 50 C0 :ELT '2 ; :,: NT 0'~ THE SOUTH _;hE CF A ROADWAY EASE*JENT (100' WiOE) AS rHE~ICE N 59'31'37"E. ALOhG THE 5AD S2.T~ LNE, A D~STANCE OF 330 14 FE~ 'O THE ~STUNE 0F SAID T~CT 56; THENCE S.00'27'30"E.. ALOHG 'mE SAD E;ST L¢4E . A D,STANCE OF 1990 FEET; Th?4CE LEAV¢4G THE ~D ~T ~NE, :;89'12'00"W, A 3,STAtICE OF 23022 r~T. ~0 '~E SAiD WEST :,NE; THENCE'100'27'29"W., ALONG THE SA~D ,~EST LNE. A D;ST&NCE OF !2 57 FEET, ~C '~E ~G?,T OFaEG.NNiHG CO~,~TAiNiNG 5.259 SQJARE FEET, ,,:CRE C~ ESS .~ COLI.ISR COUNTY, FLOI~IDA ~ ~x~ PERPE~.$AL NON-EXCLU~IV~ ROAD RIGHT-OF-WAY, DRA/NAG~ AND UTlUTY EASEMENT EXHIBIT P~ie ~- of EXHIBIT A TRACT 55 TRACT 54 GOLDEN CATE ES'ATES uNIT 29 ~:': :ETL.~_. hON-EXC~USIVE WE'A~ qSd'-OF-WAY. DRAINAGE-] -'.] C'IL:TY EASEMENT TRACT 67 : :- 5,]2: : - L ' 'E ?~5-~3 ~E'SSROS 3g C]_LER ] _ _3 .',S *-'"'E'.CE 4' --.{ S .-'E~ST .]S'~,ER CZ S~C 'RzC~ 54; T:~hCE '. ] '2~']]'', a_~'.] - : 2:2' '.E Ss SZ~D ~RaCF 54 S] 7] FEE' ~C .- :].. "E ',CR-~ L'~E GF A RC~S',VA.Y ']L' ,',SE, zS ;Es;-] :.>' :.~3 ~E/,O ThE POINT CF '-E'.CE 583'~: 3-' -_2:.;3 ~E SAD >.ORTh -'.~E, A ' '~ '2 ZEE-. - ) '-E . EE~ _'.E C: -~:.D 2'ESC~6ED ,q ~,3C< 'C53 9:GE ~3~ ]_ ~-:E mJE_C ~ECCRCS OF COLL, ER COU'4TY, .:- 3q C& .... ,,.~u ....¢. :_OHO Tm< SA,D :,EST :ri,E, A D~STANCE OF 52 --Et CE _E~. '.G ~E S::C ,',EST LhE. S 39'~2'00'E, A DSTANCE OF ~79.76 :EET. TO 'HE ~,3 E:S- -'ENCE 530'27'33'E :_0';O T~E S4:D EAST =NE, A ?STANCE OF 48.~5 fEET, TO T~E ~2',- CF CONTAIN,NC 9,0~2 SSJARE FEE~, MORE OR LESS. SKETCH & ,5ESCRPT!Ok. 3'~ SI<ETCI! & DESCRIPTION OF: 2ERPE'I'UAL, NON-EXCLUSiVE ROAD R;GiIT-OF-*WAY, DRADIAGE .AND L:'FILI:'L' EASEMENT ~'~s~r~%~l COI.LiER COUNTY, FLORIDA ?,, {9'1)549-15~9 F~(94t}64D-7056 PARCEL NO.~ TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURATION: 3 COMMENCEMENT OF EXHIBIT A TRACT 5,,3 TRACT' 54 GOLDEN GATE ESTATES JNIT 29 TRACT 67 - :~ 22~ .-' F=CT' ~. ::_'.U ' i~iE P~Ai i~_:~.< 2~Zq~E5 ~S ;-' .... ' S72',2~ : ~15 :~i-1 --!,'J~ '; ~" 2'23 ',1., ,: '37-~C~ CF 47 4~ T~ENCE CC>,71"~,JE ', ~9"2~0"N, A C,[STANCE O; '~58 FEET; -HENCE '~ 3C'48'2g E., 4 2,STAhOE S; 7 50 FEE'"; T~?~CE S~g'!2'O3"E., A >S-~N'SE 3,: ~3 55 FEE~; ThE',CE $.00'45'00 //, A 2:S~ANCE S: 7.50 SKETCh k C, ESCRI?TiOri OhtY hOT A 3OONDAR'( GOLDEN GATE PARKWAY :MPEOVEMEN'FS SKETCH ~: DESCRIPTION PAP, C EL 72B COLLIER COUNTY, FI.ORIDA ,2 1,3:5S~<~28 I 3: PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OC4C~Y, DRAINAGE EXHIBIT Pege qL~ of 3C.5E'-i ,SATE PARKWAY (CR 886) =E~cE-LAL, NON-EXCLuSWE ~ ~SAD ~ S~T-OF-WAY, DRAJNAOE L ! 53C'27'33"~ J 50 O0 J -~4CT 5,5 ~RACT 55 OOLDEN CA~E ESTATES UN T 29 TRACT ZSz. £-~'£RPTCN FO~ P~qCE. !29 ~ ?Cq' C,*i OF -qACT 55, ,)C~2EN 3R f EE-: E3 _, r 29 ~S ~ECORDED ~N ~ ~OOK 7 =AGE - ' ' ~ EAST, CO~L~ER C~UN~, ~5, ; 3S-A:~CE CF 53.30 ;EEL '3 : ~S '.7 2', '~E Sgaf~ U:;,E DF A ~OADWAY ~SEVENT (!DO' ~¢rOE) AS PE~ SAiD THENCE S.00'27'30"E, ALONG THE 5zg fiST -.¢,E, A SiSTANCE OF 23.90 FE~; THENCE L~V, NG THE ~10 ~T LINE. Nsg'*2'OO"N,, A DS',A,';CE ,SF lTg.g2 FEE- -3 -'E S;iO WEST LNE; THE~4CE NO0'27'30"W., ALONG THE ~O WE~ LINE, TEMPORARY DRIVE~AY RESTORATION ~MENT (DURATION: 3 YEAP~ FROM COMMENCEMENT OF CONS~t~-'310~) EXHIBIT_ . ....... : -- --EXHIBIT C, OL.~EN GATE PARKWAY ,:/,RC EL 729 RESTORATION COMMENCEMENT OF TRACT 56 f'RAC¥ 65 GC_DEN GATE ESTATES UNIT' 29 TRACT i _:GiL 3ESCR~PT:O:, FOR PARCEL 729 qECCRDS OF CCLLER COL:,T'¢, rLOR2A S [~A~E ;'~ SEC~,CH 30. -C';,hS4'P 49 SCUTH, RANGE 26 EAST, COL_~ER COdhF', :LCRCA BE'HG %~ORE PART CUuaR=¢ DESCRIED ~S FO_~O,¥S. ]CMtIENCE AT '~E NORTHWEST CORP;ER OF SAiD ~RACT 65; 5'EqCE S00'27'50"E, &LOttO THE 'NEST JNE OF SA,D TRACT 65, A D~STANCE OF 69.90 :EE-, -,~E~CE S 89'12'O0"E, A DISTANCE OF !236 FEET, TO T~E PO~N~ OF BEGINNING. -hENCE CCNTINuE s. Bg'~2'O0"E, ~ DS'F~t,CE OF 2!.45 FEET; -~EhCE S 0C'48'O0"W, A DISTANCE OF 650 FE~; T~Ef. JCE t,.~9'12'00"W., A D~STANCE OF 2!.45 FEET; -toE'.ICE :400'48'00"E, A D~S'&NCE OF 5.50 FEET TO THE POINT OF ~EGINN~NG. '2C'~Ah~ NS '59 S~UARE F~=m M;G~E C,R -ESS. PERPETUAL NON-EXCkU~/VE ROAD RIGHT-OF-V~.y, DRAINAGE EXHIBIT EXHIBIT A TRACT 54 C,R 2642/I OgO TRACT 67 GOLDEN GATE ESTATES bN:? 29 : ~C:A3 R$,'-{T-C:'-¢,'AY, DRA,NAGE ~,'.3 JT[jTY EASE',~EKT TRACT 68 , i z :'CRT,,'N Cz 7~zST ~- iS_S_, ,3zTE EST:,TE5. ~,7 29 ~S RECCRSED .'! ~,7 E'30K 7, :~-XOE 57 DF ---~ z~E S ~ES,LcS5 5: SD_=E~ C3_'.-Y =~CT:DA S:-LzTE Q,; S~CTZ3h '3,',LS~i~ 4g SCtrm, ~-*';OE 25 ~:S7 C}__E~ S3~t.~, :LOR:S'A 9E2~a VORE P~R=CuLAqLy S :~3'7;5E3 sS .'.ES~ _LE 3= lz3 -9:S~ 5- z J :-~'.JE Dr s333 :EET 73 ~ zO;,r 3;', --E '.ORTH : UE OF a .:CzO,',ar SzEE'.'E ? ,'C') ,,SE} ~5 ~LR SPil stAT ~.'~J 3E~',S -~E P2,N~ OF '~E',CE32~,-',;E a. OF,3 7-': ~:.3 ,',ES- _hE, '. 23'27 30'W, q 3,S-Ae,CE O~ 48 ~5 FEETM, -~E'~C:LE&',;',G -'E $~2 ,"ES- _'.E saa'~2'oo"[, ~ DSTANCE OF '~036 FEET, '0 -HE EAST _hE DF .~ND CESCREE3 ', lz;~3~L ~ESORDS BOCK 2642, aAOE 1093 3F *HE ~bflLC FECORDS OF CGLJER CC;~Jw. F~C~DA: -~-E'~CE S 30'27'27"E, ~.Ot.3 --E ~zD Ez~r LNE. A E 5-aNCE DF 44 14 FE~, 70 ~HE *'ENCE 53g'31'57",'/, z~3',O '-E SAD ;,DR-H LJqE. A D~STANCE OF 18032 fEET, TO THE ~O;;',- 0F ~ES 23N'A.LIhG ~.52' SQUARE FEET :~ORE OR LESS. SI,TETCII &: DESCRI?'HON OI": m.'u°'rm'"d q ",'r,,'c .... ............ 3 -,..., ._~ ,~ POAD 'St)I.LIER COUNTY, :"LSRIDA :-, ,)4;;~gdfo9 Fa~[941;~'I-7056 PARCEL NO.~ PERPETUAL, NON-EXCI. Li~V~ ROAD RIGHT-OF-IA~Y, ~ AND UTIUTY EASEMENT EXHIBIT EXHIBIT A -- 50~3EN GATE ='&RKWAY (CR 886) ~C,O~6~¢D,,E~'r PERP~UAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY. DRAINAGE AND L'ILi~ EASE~IENT P~RCEL 151 ~CC'27'27"E' 5 2 -~:CT 56 "RAC7 65 ]C~3EN GATE ESTATES :~,~ ~OC~ ' =~O~ S7 ~ TRACT 66 A P~.R~ON OF TR:CT 55. ;C_:E,", )ATE [~:;.'~S T 29 ~S R:CCR3E3 ,', 2~7 ~OOK 7 ~4GE 57 C: '-E P~B.iC :LAT ~,O ~EiNG T~E ~ONT OF THENCE CONTNbE ~LO,',G -HE S:0 ~&ST _t~E, 500'2;"'27"E, A ),STANCE OF 3~92 FE~; 95.57 FEET, ~O ~E WEST L~,E 5F ~ND 2ESC~ BED '~ CFF;C;AL RECORDS 30OK 2824, P~GE 3459 OF RECORDS OF COLLER CSutl~ ;.:,R,S~; :~E',CE h 00'27~0 W ~LONG 'HE SA,D WEST -NE, A D:ST~C[ OF 2~go FE~, a DESCRIPT ON CF i-Z'(PET'f:¢ ,; '_~ ..... ~'- COLI,IER COUNTY, FLORIDA PERPETUA/,.. NON-.EXI~USIVE RO, AJ:) RIGHT..OF.,V~Ay, ~ AND UTILITY EASEMENT EXHIBIT_ _ E×HIBIT A TRACT 54. tREY FREY TRA~T 67 GOLDEN GATE ESTATES UNiT 29 _2 ' 3.3'~7'~'~ ' 4~'~ :cRP~-' '~ NON-EXCLUSiVE 7SAD 7h3?-CF-WAY ~RA.NAGE~ :h'D ~T,~FK E~SEh~EN~ i~ TRACT 68 : -~;--iC, J~ rqz2F i', . J] ': { ~5~ArES d',:T ]9 *S 7~2F2~D h :L;T BOCK 7, _.,'Z, : z~ ST T~. '~:.Jz i~ ~ } :.:,__iR CC~;,~. ;_CR]:. SE;',(; '.'ORE P!RTCU~.;R_'¢ iiSli6E3 zS :l:__l,'.S }2'.'dE',,lE ~ -~i 52.-'-{.5- : :~ iF ~--C -iiCi ~7: l'f%'CE :~ C3'27'2T'V, :LCNG l~E ?E::CE E.59'3' 17'4 -~.1' ; -E 7z2 ,le~H _iNE. & 3,ST,A',CE CF 15'300 fEET. TO lqE ',CS' [;JE 3F .~:.D gEiCo,SETM , ;FCAL RECDRCS ~CCK 1542. PAGE 848 OF ~PE PUBLIC ;EJDRSS CF CC_.~R CJq'.-' :_:'~2& -,' ENC[ ', 30'2:'27",V, z_iLO --E EzD .~[ST Jr,E, i S~ST~,CE OF 44.14 gE~; THENCE _E?,.r.O [,~E D:O "/EST _' E 5 d9"2 ]]'E. A 25TAhCE O; '53.04 FEE% 'FO ~HE SAiD EAST _:.E; 7'~E',]E S22'272~'~ : 3'.S ~-'E i~!D E4ST _NE A 3STANCE OF 40.81 FE~. TO -~E 2CNTAb. P~G 5,372 ECU,t-RE :[Ez .tCFEE C:R _ESS. :,3T A ~C.J",DARY S~R.E~ C-C].DEN GAFI:] PANI<ICAY IMPRCVZSiENTS SKKTCiI & DZSCRII-TIO~ OF: i>ZRFEi'UAL, NC}!-ZXCLUSIVE RIGiIT-OIZ-WAY, Di{AiNAG~ ~ND l'[l'..:~';' i"ASZHENT '2~RCEL 13~ COLLIER CCUNTY, FLORIDA 23!55,<132 J ' Dr- PERPETUAL, NON-EXCLUSIVE ROAD RtGHT-OF-V~,Y, DRAINAGE ANO UTILITY EASEMENT TRACT 65 EXI. t]~IT A PER PETU,~L, NON-EXCLU'SLVE ROAD RiGHT-OF-WAY. DRAINAGE J/,RCEL ~ ,33 ' ; b $OLOEN GATE PARKWAY OCR 885){t ~ ~ [ ~ I ~ ; TRACT TRACT 66 'SCLDEH GATE ESTATES JN:T 29 S,~E~CH & %ESCRIPTiON ChLr ~ J :"O~TO~ OF ~RACT ~5. C. 3~gEN SAT6 Eg-AFES, ~H? 29 :S ~ECO~DED iN 2~T 300K 7, ~AGE 57 OF THE CuBLC RECORDS OF GOLER COUNTY =_ORlO~ 5 ?uATE :h SEC';OH 30, "3WhSd,P 49 SOUTh, RA~OE 26 ~AST, COL-ER COUNTY, F~OR DA 3?,G MORE PART~CU~RL: DESCRBED AS FCLLO,;S CC'2MENCE AT T~E NCR'~EST CCRh=R CF S~,D TRACT 66; T~E~;CE S.OO'27'27"E., ALONO THE C/EST LiNE OF SA~D 66, A D STANCE OF 5O CO FEET, TC A mC¢4T 0~, Tree SOdTH = NE 0F A ROADWAY EASEMENT ~ PER SAID A~D BEING TAlE PO.HT CF 3EGNNING; T-'ENCE ~;89'3~'37'E,, A~Or~O THE SAG SOUTH ~;NE. A D~ST&NCE OF 7548 FE~, TO THE EAST LINE OF DECOR:BED IN OFF;C:AL RECORDS BOOK 2328, P$GE '538 OF THE mUBL~C RECORDS OF COLLIER COdN~. FLORIDA; TmENC~ 500'28'11"~, ALONG TP~ SAiD EAST L~NE, A DST~NCE OF 3690 ¢EET; TPENCE LEAVfNG THE ~ID ~T LINE, 89'!2'00"W. A D;STANCE OF 6459 FEET. ~'~NCE N 82'21'25"W.. A DtST~CE OF 1090 FEET. TO THE S~0 WEST THENCE N QO'27'27'W, ALOHG THE SAD WEST W';E. A D;ST~CE OF 3592 FEET. TO THE ~CINT OF l i;OLDEN ¢;?',TE PANK~¥AY IS,tPROVEMENTS RIGItT-OF-~¥AY, DRAINAi;E AND UTILITY EnsEMENT C'3LLIER COUNTY, FLCR'.DA .,SER .... ~CZLE J]ZTEI:q;,'/h~YJFILE',~MEJSF'EE' EXHIBIT A JAN 2003 ...~- ('", · TRACT 67 5 EX!IIBFr A ~^CT 68 gATE ESTATES T 29 JOHNSON OR 2~52/'0695 ----.-"_' _-S2~P~'.ON 2r PARCEL 134 £KETCH TRACT 83 GOLDEN GATE ?AI~,K~,¥AY [MPROVE?,IENT5 S]~ETCH ~ DESCRIPTIOM OF; 2ERPETU.'~, LON-ZZCLL:SI'.'E ROAD R[GHT-OF-i~AY, DRMNA~E AND UT~L]T':' COLLIER COUN FY, FL:;R!DA .CS :',oUSER :-E ,'~A','E SHEET PE~ NON-EXOLU~IV~ ROAD RIGHT-OF-V~Y, DRAINAGE EXHiBIT.. _ EX[-IIBIT A-- GOLDEN GATE PARKWAY ,/ PERPETUAL, KON-EXCLbSIVE --ROAD q~GHT-OF-'/VA% DRAFqAGE &,~',O b~JLt~'~t' EASEMENT ~ARCEL 115 -RACT 65 -RAC- 66 GATE ESTATES t,F 29 :, ZGRTC:, 37 -:-3" !5 .. :.E'; GATE ESTA-ES ch' Zg AS ~ECSRDED r~ ~,r ~OOK 5~ m::.';',S-~ ;~ ~ ...', :-;,3~ 25 E~ST, C:__ER C3~,TM, FLORDA BEh, G MORE :C,,",?,C: x* --~ ~ZS3~SS DF ]O__C~ 3-.:.7' :_S~'D~; '~E:;CE SOO'2~'tl"E, &_Of,G :;,E S~iO WEST 7~EHCE =E&,?;5 T~E S:,] ,?ESi _::;E, h 89'31'57'E, A 2:STAr4CE OF 7500 FEET, TO 'rE EnS~ _,'~E OF S:,O S;¢C~L RECORDS BO'DX; -i-E"~CE S.OO'2a" :'E, &_ZNG THE SAiD EAST L:HE, A DSTANCE OF 5856 FEET: mEMCE _E~. :~G T-*E S: 2 FAS~ L',E, h B9'I200',V, A O,STANCE OF 7502 FEET, TO 7~E SA:O wEST _FIE, T~E>,CE h. GG'2B';'"W, ~LOC;G ThE SAD WEST _,NE, & DSTANCE OF 56.90 FEET, TO THE sC;NT Or BEG CONTAINING 2,8~0 SQUARE FEET, :,'ORE OR LESS. 5KE=C,~t & SE$CRIFTiON 3,hUf _ __ ~ ',O? & SQdhDARY 5UR'/E'" SC~.L2: t =a0 GOLDEN GATE P,',.I~.K'O'AY L',IPROVEMEN'I'S SKETCII & DESCRIPTION Cf;: PEDPE'I'UAL, :[~.N-E:(CLUSIVE ROAD i~IGIIT--0F-WAY, DilAINAGE ,CiD U','iLITY EASE:dENt' ? ~RCEL ;35 C(H.LIER CgUNTY. 71, gR:DA ]~TE Sq~W~' BY "- LE :;~,ME I S;.Z. ET PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AN{) UTIUTY EASEMENT EXHIBIT Pag~..[~ ~ E×I-IIBH' A ~RACT 67 > TRAC~ 58 3C_OEh GATE ESTATES aN:- 29 TRACT 83 p~r,~,'~ ~, .,.vGOI'gEN GATF. PAR:(WAYDRAiNAGE SKEI'CH & DESCRIPTION Cl.': PZRPETU.,L. >;EN-EXCLUS:VE ROAD EXHIBrr_. .. p~g~ ~_ of foot PARCEL NO.~ PERPETUAl-, NON-EXCLUSIVE __ 0RAINAGE AND UTILITY EASEMENT FARCEL 836 ~ ]0LDEh 0~TE ESTAfES ~ = ~ TRACT 85 TRACT 67 ~ ~h;T 29 _[3~L OESCR:PT;CN FOR P~RCE~ 536 A :ORT:Ch CF TRACT 6~. SOLDEL' ].zTE ~7:-~ ,.'4- ]9 AS ~ECCRDCD ,N Pi&~ '~OC~ 7, P~GE 57 CF T~E ~ECORC'S CF CC-~,E~ C3bN7¢. :LC~i]A ~:- ;.TE ~, SECT.ON 30, ~O,',:,S~P 49 SOdTd, R~r'aGE 25 EzST, CO~L ER COOL?Z, :LOR,DA aa. No h~ORa ~AR'~,~L.-,-, 3CML!EhO~ AT ~dE SCdTdEAST 2'3AhER :F 2-::~ ~R4CT 6B; T-ENCE h0G'28'I1"W. ALONG TPE ~AST LINE OF SA;D TRACT 68, A C,S-4NCE OF 1~ '.00 FEE~; -rEhC~ S a~'3~'49',v., A 3STArJCE OF 30 CO FEET -O ThE POthT OF BEG[NblNG. tHENCE 545'12'5;"W., A C.STAhCE DF ': z8 FEET: THENCE N.C0'28'!l'W, BEING 4000 FEET WESTERLY OF AND PARALLEL ~0 SAi3 EAST LhE OF TR,',C~ 58 ~ 2:STANCE OF 5797G FEET ~O A PONT _'f~NG ON THE NORTH LPlE OF TRACT 68; THENCE N 89'52'21"E, A~O>;G ere SA:D NORTH L:NE, ~ D~STANCE OF ~0CO FE~; THENCE S 00'28'1~"E., Z000 F~ET WESTERLY C¢ .z:~O PAR.A__EL 73 S,:3 EA?~ L,:qE OF ;R&CI 68, A ]STSNCE OF 56923 FEET TO THE S: ~EG:NN SC'.T~iNfNG 5,745 SQ~ARE FEET "LRE gA _~E5. ;~3 ~' ¢ ~ SKETCH ~ DESCi~IPTiON OF: A D,]' 'WIDE i; E ,~ L Z C',)LMER CSUNTY, FLORIDA ' ' :ss~ ,7' -'}r215 t t '= ~0' EXCLUSIVE ANCHOR EASEMENT EXHIBIT, Page TRACT 67 ~ EXHIBIT 330 (PLAT) TRACT 68 3C~DEN C,A'"'E ESTATES UNIT 29 WDE ANCHOR : ~,RCEL 938 A NBB'32'27'5 Io.oc,'-,,~ I JOHNSON OR 2452/0895 2, ATE Pa. RKWAY (CR 586) =--.',£ 37 SuRCE'r % ~'3~7 TRACT 85 GOLDEN GATE PARK'~YAY IM?ROVEMENTS SKETCH &: DESCRIPTION OF: A lC'~;'fDE ANCHOR EASEMENT PARCEL 936 COLLIER COUNTY, FLORIDA JO~' SKETCH & DESCR'PTtON ONLY I'1 .:c ac NCr A BOUNDARY £JRVEY .... 11 CONTAiNrN,s 300 SQJARE ;EET, ~ORE OR --:SS, i ..tEAL DESCRPT;ON FOR PARCEL 936 ~ ' ' A aORTION OF -RACT 58r ;0LDE,q GATE ES=A~FS, ¢,,- 2g AS RECORDED tN P~T BOOK 7. PAGE 57 OF THE PUBLIC re[CORDS O.: COL~,ER C3~N~, :NCR DA S:-.A-~ ~ $ESCON ~0, TOWNSH~D 49 SOUT~, R~O[ 26 EAST, COL.~ER COUNt, Z-ER,DA BEING '~ORE P~R-rC~RLY COMMENCE AT '~E 58, A 31STANCE OF 5:9.45 FE~; THENCE S89'3"~9"W., A DS?ANCE OF 40.00 ;E~, TO THE PO,NT OF BEGINNING. THENCE S89'3~'49~., A DISTANCE OF 30,30 FEE*; -dENCE N00'28'1!'~., A D~STANCE OF 10.00 FE~; ~ENCE N-89'31'49*E., A D~STANCE OF ~0,00 :r;T. TFE";CE 5.33'28'1 ~"E.. A DfSTANCE OF 10.00 FE~, TO THE POINT OF ~KGINNtNG. ~RCEL NO.~ PERPETUAL NON-EXCL~ ROAD RIGHT-OF-V~IkY, ~ AND UTIUTY ~ EXHIBIT PB~ E~' of_~. ~R~CT 55 T~AC~ 66 GATE ESTATES .N~~ 23 TRACT 85 _£]-:_ ;ESSRF-?, :?,.=, C/qCEL !37 St',".'E',CE ~' 'rE '.D~-~zE' -'F'.E~ S ;C 'CT 2'"~ F~E .',EST ~;hE DF :RCA. 2~','A'f -rE:,CE 5.2,,2,'28"I {. z_OhO T-.E ,',ES A ]STANCE OF 5' 7,3 FEE~; -PT,CE LE~'v~,G -HE /,EST _I-,E S:F SAD ROAD,'vA'f EASEMENT (60' ,VIOE), h.45'28'17"W., :, 3STANSE OF 27 53 ,=EST; ;dEhSE '. 39'~2 30",V, . 2:STANCE DF '~0.49 :EET, FO TdE 'REST L.NE OF SA, D QFC~CL;L RECCRGS ~,3OK; D,STANCE 0F Z8 56 FEET ':3 ThE PO',~T OF SKETCH 84 3ESCR PTiON 'D";Lf ~r ' ~'- '=-' COLLIER COUNTY, FLCR:DA TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURATION: 3 YEA~8 FROM COMMENCEMENT OF CON~f~"f]O~ EXHIBIT para i 8~ GOLDEN GATE PARKWAY -~ ~ ;CE ~ ",' SoO =ARCEL 737 i ir, P.W.L,- z -, ,EL .'~;:, z,.s ,:: ~::/- -': ~RA~.T 66 :OLDEN GA~E ESTATES ~ DRIVe'WAY RES'/'ORA~ EASEMENT (DURATION: 3 YEAR8 FROM COMMENCEMENT OF CONSTRUCTION) :. - '-~-C'i FOR ';AR~EL :3:-S', : :-:- : · £ £5-;-':5, ~' - 12.:"E.C: ;.7 --: . ;- 1-: 72c :~ 2: Si: T~CT -~C:,DE 2 :.]'25 : -_: : - E E~S' _ ,E 2': :SET. '-:;.C:', :9':2 3C , . : . ; : .2:2; 56.~7 FEET, TD T~E',CES 2Z'C' s'",,. -.: 2: 3,: : J0 ---E'.:E '<:9"2'70',v . T 6-: ;: 2:22.23 -;:'~3E', :YJ2'35',', : : -: -: ~'~ CGhTA',%G ;76.00 S2_.zR£ rE'_2 '.'CRE CR _£55. GOLDEN GATE PARN'dAY I:,tPROVEMENT~ SKETCH & DESCRIPTION P.X:~CEL ?37 COLLIER COUNTY, FLCDI~A '':: ~C" 9- ~-£2 ~::C 23 55<7]7 ' 2~ ' PARCEL NO.~ EXHIBIT PERPETUAL, ,'iON-EXCLUSIVE Pa~l~ Of..~ DRAINAGE AND UTILITY EASEMENT GOLDEN GATE PARKWAY {CR 8B6}t\ TR4CT 65 UT::CT¥ E.ASEMEh [3ATE ESTATES u',T 2~ TRACT 85 -'- :2.CC., 2: -': .' : ; .E, 3:TC ES-ATZ3, ~';T i~ ~ qE:TS~C, ED , P_;- aTOK 32 -7,,',E- F z~ :~ ' - ~E 25 E:.ST, 2D__ iR :CJ;-T, :'_i~:A, 3E:;G ",?E - E',:E ',4~'Z5 ~7'.', ~ : E-::,:E 3F ':'n :EE-; TWE¢,CE SOO'2B'I'"~, ~EhG 4030 ', ~9'52'29'~, ~.C',,3 --~ SA:D SCu-H t!'iE, A 3:5TA',CE OF :O.00 FEET; r, 23'28", :"'¢ 2Z',3 33 2::EE7 .','ESTERL'¢ ,OF 5~4D PARALLEL ~O SAD EAST L~HE OF :3;,TALrIG ~ 743 3C~;.FE :'EET, ',:3RE C,R LESS. EKETC'~ & D--SCR:PhON LOT ~, GOLDEN GATE PARI(;¥AY [MI:RC'v'£HENIS SKEI'CII& DESCRIPTIuN 0:,': A t0' iLL. PAiiCEL 837 COLLIER COUNTY, ',:I. ORiDA EXCLUSIVE ANCHOR EASEMENT EXH Brr EXHIBIT A L CORNER'-.. TRACT 66 GC:_~:N OATF_ ESTATES dNiT 29 GOLDEN GATE PARKWAY (OR B85 TRACT 85 ' ' ANCHOR EASEMENT PARCEL 937 _EGAL DESCRiP%ON FOR PAqSEL 957 A c'Oql. ON ,7,? -R;.CT 55, ,3C~DEN ,}.A-E ESTATES, ~N,T 29 AS RECORDED N P:.flT BCQK 7 PAGE 57 OF T~E P~B~C RECORDS CF CO~_!ER COUNTv, FLORIDA SITUATE ~N SECT,ON 30, -3wrNsmlD 49 SOu'H, RANGE 26 EAST, CO~_£R COUNTY, :-LORJOA BEING MORE ~AR-Cu_AF, LY DESCR,~ED AS FOLLOWS COMMENCE AT THE NORTHEAST CORNER CF SAD TRACT 66; THENCE S0C'2~r~ ALONG THE ~ST _~NE O: SAiD T~CT 66, A G:STANCE C= 487.44 FEET; TdENCE S 89"31'49"W., A D:S'ANCE CF 40.00 FE~, TO TH~ POINT OF BEGINNING. ~ENCS 5.30'28'~"E., BE!NO 40.C0 FEET WESTERLY OF AND PARALLEL TO THE EAST dNE OF TRACT 85, A DISTANCE OF 10,00 FE~; T~ENCE S89"31'49"W., A DISTANCE G: ~300 FE~; TEENCE N.00'28'i I"W.. BEING 70.00 FE~ WESTERLY OF AND PARALLEL T0 SAD EAST Lit;E OF TRACT 66, A D~S-ANCE OF 1000 FE~; THENCE N.BS'31'4g"E., A DISTANCE OF 50,00 FE~, TO TdE POINT 3F BEGINNING. CONTAINING }00 SQUARE FEET, g~ORE OR LESS. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY SCA. L: :63 SKETCH & DESCRIPTION OF: A 10' WI'DE ANCHOR EASEMENT --c:~sur.'r~,~ai PARCEL 937 COLLIER COUNTY, FLORIDA ~:~.~'LOa~OA 34~ 0'-CGIS. I ~ 25 ~'~ ~0' ~ '6-32 RE3 03'5SK937 i 9c I ,: 6 RPE'FUAL, NON-EXCLLk~IV~ DRAINAGE AND U'rlLl'fY EASEM~I~rr EXHIBIT Pm~e ~q of TRACT 68 _EXHIBIT A ~OHNSON 0R 2~,32/0695 ~RACT 8,3 3OLDEN CATE ESTATES uNiT 29 ,~,,~,,~-, ~o~/ ,:-OLDEN SATE mARKWAY (CR 886) TRACT 84 JAN (_c -1 SKETCH & 3ESCRIPT~ON ONL~ ' [.:ac* ~[;,~.~,~a. cER~rm~rr ~o ~7o~ NOT ~ BOJNOARI' SJRYE'r SCALE I'~B0 ::C,,~¢ C~r£ ~.t.-F~o2,. SKETCH ~; DESCRIPTION OF: A 1,3' WIDE DE. k U.E, s PARCEL 838A )uS0 NOR rH HORSESHO$ DRD,~ SUITE Z?0 COLLIER COUNTY, FLOR1DA 30 ) 55KaJBA Cf-COl5 II S 30 49 2~ : = ~O' '2-'5-O2 REC I 1 CF ' I PERPETUAL, NON-EXCLUSIVE DI:~AINAGE AND t.rTILITY EASEMENT EXHIBIT page_~ of J..~.~ 7~ACT 58 EXHIBIT A I0' WiDE 0RAINAGE EASEMENT UTILITY EASEMENT PARCEL 838B 'RACT B3 GOLDEN GATE ESTATES JMT 29 TRACT 84 3S,L3EN SaTE -£~'~ 2ESSRST~0N FO~ ~ARCEL B58B F oF' A ROADWAY EASEkI[.NT (60' ~) AS ;[~ ~D P~T ANO BEFNG THE POINT OF ~EG,NNING; S~STANC[ CF ~000 FE~: THE~,CE SOO'25"i"E A ~ST~CE OF 32030 FE~, TO A POINT ON T~E ~0 SOU~ LINE; 7~ENCE S8~'31'57'N, ALDNG THE SA~ SOUT~ ~hE A DSTANCE 'DF '000 FE~, ~0 ~HE PO, NT 0F BESNNING; SKETCH & lESCa~P~,O,$ 3hL~ :OR: CD__ER ~O~NTY 3O~ERN'.~E,,f ~OARC OF -2.h~ CS~;M,SS;O~JERS GOLDEN GATE PARK~AY SKETCH & DESCRIPTION 0F: A PARCEL 838B DOLL!ER COUNTY, FLORIDA 0'-00:5 1! ICA-- TRACT EXHIBIT GOLD~'N GATE pARKWAY (,CR 8E,6) ' ! ~r~' TRACT B5 GO~DEN GATE ESTATES uNiT 29 =' WOE TrMaORARY /"'---'~,~S-RUCTO-N EASEMENT / ~ PARCEL 739 i TRACT LEGA;- 5ESCROT!ON F3R PARCEL 739 A PORT;O;i CF TRi,j,~ 25, GOLSEt'i GATE ES-'''=ES, ~"J? 29 AS RE,CORC~ iN PLAT 5DO& 7, ~oB~,'3 RECDROS OF SCL_ER COUt,='F, =_C, ROA S',T~.A~E ;, SECT:ON 50. TOWNShP ~9 SO,JTH, RANGE 26 EAST, CO~_,ER CSb~i'v, ;_373~ 3EhG ,,It, RE ~ARTC~L~RL~ SESCR BED AS :O~LO~,~S. CO~JMENCE AT -HE .,OR-P',vEST CCR~;ER OF SAD TRACX 85; THENCE S00'28'~!''E., A~ONG THE WEST LNE OF SA~D TRACT 55, A O S'~:~CE CF 7503 FEE~; Td?*CE ~EA','.'aG T~E SA,D wEST _P~E, N 89'3~'37"E., ALONG T~E SDJTH L~NE 3F T~E =RSPOSED F'_O~ 34 SEP~R~ME~T C; .RANS;ORTATiON RiGhT-OF-WAY, A 3STANCE OF 56 S3 FEET, TO A ~C~r,T SO0 EaS~ S; T~E EA$* u~HE 3F a 70ADWAY EASEMENT (60' ,V'DE) AS PET SAID PLA1 -HENCE CONT~NdE, 'I89'3"GT'E,, ALC'4G -HE 5A.D sOdTd uhE, A D;STANCE OF 500 FEET; T¢ENCE LEAr,NO THE SA~O S0dTH ~,NE, B.OO'28'~l'E., A DISTANCE OF 605.05 FEET, TO A POINT ON THE SQUT~ L;NE OF SAD TRACT 85; TPENCE S89'32'29'*W., 4LCNG T~E SOdiB '_.hE 0F SAID TRACT 85, A DISTANCE OF 5.00 FEET, TO A PONT 50( EAST CF T~E EAST LH~E OF SAD RCA0,YAY EASEMENT (60' T~ENCE N 00'25'!~"W, A Q:STANCE 605.06 FEET, 70 THE POINT 0¢ BESINN~NG; cONT~NLNG 5,025 SQUARE FEET, 2~ORE OR ~ESS. ' S'<ETCH & DESCRIP-iON CN~f s;:~m T "fiRPETUAL NON-EXCLUSIVE ;RAINAGE AND UTILITY EASEMENT EXHIBIT P~of EXHIBIT A GOLDEN GATE PARKWAY (CR 886) ! . TRACT 44 \, ~'?'o,'.vI ~coo l -~, 289 oo ~0' 'NIgE DRAINAGE L,T:L,TY E~SEMENT ~ARCEL 840 T~ACT 49 ]3LDEN GATE ESTATES v',,T 50 ~;-- -:-S=RP=CN FOR PARCEL B40 : : ,~2RT~'~ 2: '7:]~ _: -]:', -':-E EST4'SS, c>,~r ]0 :S RE,COR~E3 N :LAT BOOK 7 ~9 SSbTm ~t.,S~ if ~ : :~ '::O~h~ :LC,~;DA 3Ei>;O ',lORE ~ART!CJ~R,¥ DESCR,BED TACT -hE ,3= E;;C -~z:-~_ .. i S-.<,CE CF 25" GO .zEE'7; -~ENjE LEAVI%G ThE SA, D EAST EASEME~,T ,60' .,,DE] :S :F: :-l, ~_~7 AbC ~E~G C-E ~C";T CF BEG:NN NO, ~E';CE 5'3C'28'55 E., : ~ ,3 -;~ $;:3 ,~EST ~hE, A DSTANCE OF 289,00 FE~; T~EhCE -E.A, hG ~HE SX;~ ,.ES: -'.E, S 59'3;'34',V, A S:STANCE OF 10.00 ~'hE'ACE ':O0'2g'56"w, ~ LgTn',SE 2F 2~9,08 =SE', 77 A PC;NT ON THE SOUTR LNE OF THE 'hENCE A_ONG T~E 2;2, $2,_.~ _hE.-HE FOL~O,~]'IG T*¢O (2) DESCRIBED COURSES; ('; '*r:E,NCE EASTE~L¢ ~ 25 :ES7 :~3,';O 7hE A~C CF A 'ADN-TANGENT~ C'RCU~R CdRVE TO 'hE _~ HA'./iHG A ;A2 LS 1:: 1~6 C0 FE~ TdROUCH A CENTRAL ANGLE OF 02'!2'35" AND ~ENG SUBTENDED Bt ' CdSR] ,',~CH 3EARS S89'21'42"E. A O;STANCE OF 4.05 FE~; (2) TNEhCE N89'51'36'E, A D~STANCE OF 594 FEET, fO THE POINT OF BEGINNING; CONTA,N,NG 2.890 SQUARE ='EST. ','ORE OR LESS, SKE"C~ & 3ESCR',PTION Ohtv ",OT A ~Ou:%DARY SURVEY :CR: S3~ER CO~;,T¥ -;O,ER:'~!,tE~;T ~'3~P,D O¢ 2.'~ ::( ]3vL!,SSO*,ERS ?_003 GOLDEN GATE PARK',fAY ;MPROVEMENTS SKETCH & DESCRIPTION CF: ;0' ',~IDE C.g & U.E. PARCEL 5.~0 COLLIER COUNTY. FLORIDA i = 60' S'-EET PERPETUAL, NON-EXCLUSN~ ,oA~:~CEg ~...J~ ROAD RIGHT-OF-Wy, ANO UTll ITy EXHIBIT A EXIIIBIT A 5'I 0' / ~--,. ,'/ ,."/' // /' . / /,,/~ , ~ , '~1 ~/ I.// × /' , / .' /"/' ./.// ./ / ~ GO~DEN CATE PARKWAY (C~ 886) ~r' ~ / : / o~ ~ = RC~D RIGHT-CF-WAY, DRANAGE .i [ S20'27 41~'[ ~ 5000 ~ ~ 4t~O J'l_,~ i~5EVENT L2 TRACT 49 -RAC~ 60 - GOLDEN ~ATE ESTATES [ ."T 33 -. - - ' --- _:s!<-" -~sf -:; TRACT Q,CE S .Y2' ": ]',; T~E S~D E~ST L>;E, A 3STZ~iCE CF 53,33 :E~r, TO A ~OIhT --E 2E C,3:i[',LE 5 fY2" 41 'E, x_G',G T~E 5~]D E~ST LINE, A [.STANCE Or 55.00 =EET; "E',CE S 57'47 2~,', A ¢ ST~%CE 3F 4166 7E~, TO ~ PO;NT 'ON THE EAST ~'NE OF A -~EhCE ', C0'2~'~6',~ , :._gN] Tree ~AST /,,hE 0: S.~:O RO&DWAY ~.SEk~ENT (60' WIDE), A ]STANCE 5,7 f4 ~! :EEl '3 -~E SA;3 SO~" Ui'iE; - E',CE h59'31'3="E, ,:=:',G :?E SA,C SOU[N ~hE, A DSTANCE OF 150.!! FE~T, ~0 THE ~C';iT ,3F ~EOl CC:;-,&INNG %342 SEcuRE FEET. MORE OR LESS. GOLDEN GATE PARKWAY I:IPROV'_<Mii.N 15 Si<ETCII & DESCRIPT',ON OF PERPE2U:\i,, ::{',::-EXCLUSIVE RIGHT-OF-WAY, DEAINAGZ AND UTiLI'f'/ ZA~Zi,IENT PARCEL l~l COLLIER COUNTY, FLORIDA 30 ' 5S,< ' 41 SF PERPETUAL, NON-EXCLUSIVE DRAINAGE AND UTILITY EASEMENT EXHIBIT A Yl 7%~,C T 49 EXHIBIT A 5i' TRACT 60 , GO-DEN gATE ESTATES TRACT 65 - ;£=TC~, 3: -:::,CT ~,7 OS_CE:, G~TE ESTATES, ~.C 57 ~S ~ECOREED ~, ~LA~ 300K 7 ~5 3~ --E ~.,3u;: RECZPSS 3: 23_..E7:3~',T'r'~ fL?CA S,TJATE h SEC*ON 29, ~9 ~'3.-~ FA'.SZ 25 FID-. ::2__~R S'%t.~,' :;_~R:DA ~:,S '~DR~ PA;~T;CuLLRLv DESCRibED ~5 : 22=3,','5 ' ' ' 23'.P.T';DE ;- "~E ',3R--,','EST ?T~'.E2 DF 5AD '?:C- 6C, --~;,CE ',.Eg'"E! C4T., A ZS':',CE CF 33 2,3 FEE~ TO 7sE =3NF C: T':Zh?~ t,~'~7'2"~, _ CS-AL,CE 3: 5 FEE- r~g'.Cg SaD'ZD'25",v,, :LD~G --g 5~,0 53UTd ..i:~E, ~ DSTANCE OF ;0.03 FEET ~*E"~CE iCS"26'56".V,32 :lO 3'3 03 :E~E&STEqL¢ S: a',3 SXRALLEL TO SA,D /'/EST TR;CT 6C, A 5ST,~',CECF 575t' :EE' ~P TdE PCNT CF BEGiNNihG C3NT&h~,G 2.782 SCU~RE FEE2 L'CRE 3R -ESS. SKEI'CH & DESCRIPTION ')F: 10' WIDE DE ~ U.E. ~,RCEL NO. PERPETUAL, NON-EXCLU~IV~ ROAD RIGHT-OF.V~kY, AND UTILITY EXHIBIT A 3~o (PLAT) TRACT 50 i FY'-~ E TRACT 65 TRACT 59 ~ GOLDEN GATE ESTATES .o. om UNIT 50 ~%AT 9C, OK 7 ~AG[ =ER ~E'UAL, %CN-EXCLUSIVE R2AD ~'G~T-OF-WAY. DRAINAGE =~g 3EL 142 ' _._.;:-_ _:_S::RP':ON FOR PARCEL 14.2 ~' ~ORT :?, C: TRACT 5~, ],2,_DE;, 2.,:-'E ~S~,-ES ~;'~ 30 AS RESCR]E0 N P~-T ~OOK 7. PAGE 56 OF T,-E :'-:~bC :~EC~C'S OF CO__ER .~C,.',~' ; ]~ 3.~ STUA'E ]'; SE.g-ION 2g. TO',VhSH~ 4.g SOuTh. RA';GE 26 EAST, ]'Z~,ER CO~TY, :_CR OA 3Er,G ',~qz :~RTZU_ARLK 2ESCRB£D AS FJLLO,¥S CO;,h',lE~CE aT THE SOdT,-EAST SCRhEfi ZF g-.,3 FR$C7 59; '~ENCE N.CO'27'36"W., AuOhG THE EAST L.NE OF S4~D TRAC~ 59 A O~STANCE ST 50 ]0 ~EE-, TO q =31'i- ON T~E FiORTH uNE OF A ~CAD')~AY ~SEMENT (iCC *'~ENCE S89'3~'~T'w, ALO~;G T~E S.nO 'vORTd LINE, A D STANCE OF 5GO.00 fEET, TO 'HE ~TERLY LiNE OF 'r~E PROPOSED F:OR:DA DE~;R~MS~T OF -TANSDORTATOH RIGHT-OF-WAY; THENCE N 00'27'36"W., ALONG THE S~;D EASFERLY -.;';E, A B:STA~.CE CF ~ ~0 FEET; THENCE LEAVING mPE SAiD EASTERLY L,NE, N.SB'31'37"E, A 2~STAHCE CF ig8.76 F~ET; The)iCE S 75'58'Eg'E, A G:SZAhCE OF 34 2B FEET; THENCE N.89'3~'37"E., A DISTANCE OF 87.g0 FEE', ~0 T~E ~ST :.';E CF SAID TRACT 59; T~ENCE S.00'27'~6"E, ALONG THE EAST LINE CF SAiD -RACT 59. A D,STAKCE OF 5530 FEET. TO THE POI'~T OF BEGINNING. CON'AINING ~],623 SQUARE FE~ S<ETCH ~ OESCRIPT,ON O%LF I NOT .N BOUNDARY S,~RVEY ;-OR: 30~_;ER COUNTY $C.ERtJN~ENT BC~-7O .}~ CC~NiFY CG',m~;SS;Gh£~S GOLDEN GATE PARKWAY I,\iPROVEMENTS SKETCH & DESCRIPTION OF: PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-0F-~,YAY, I]RAINAGE A~,D UTILITY EASE%~ENT PARCEL 14g COLLIER COUNTY, FLORIDA TEMPORARY D RIVEINAY RESTORA~ON EASEMENT (~F~"l'l(~: 3 YEARS ~ COMMENCEMENT OF CON$TRUCTtON) EXHIBIT A ,, Pop [o~ of..L~ EXHIBIT A P~KWA¥ COWMbNiTf CHURCH OF GOD OR 2998/3202 TRACT 59 GOLDEN GATE ESTATES UNIT 30 P~,T BOOK 7 PkG£ 58 /--PARCEL 742A ........ } ~:' 3CLDEN GATE :,~KWAY (CR a86) TRACT 65 .E::- _ESCRiFTON FOR PARCEL 742A ~ :~*~T:CN O? -~,~CT 53 3~_2c!~ 5: E ~:T~:'ES jN~T ~0 AS ~CO~C~3 N p~T SOCK 7 PACE -~E ::¢~_.C RECOROS OF '25_:E~ J: ;.Fr, F~OR3A SFFdATE i>~ SECT/ON 29, =CWF, Sr;P 49 SOUTH, RANGE 26 LAST, ~CL~,ER C3~h~C ~_~ 2; 5E',G h~GRE ~ARLCU~RL¢ DESCR,BEC AS FOLLCWS CC'.?.'ENCE AT T~E ~C~'m¢~ES' ,2 ~'.:q ;2: SAD ~ACT &9; TmENCE N 59'31'37"E., A_CNG T~E SObT~ 3:Sgi2 T~ACTM 59, ~ 3;5-~NCE 3- *tS 46 rES*; -~E?,CE LEAVING T~E SA, D SCUT~ ONE. N.CD'28'23"W,. .5,5~At;CE 3F 9; 03 FEE- *D --E :E ;,* 3r ~EG,NNiNG; -~E'4CE S59'5~'37"¢¢, ~ 3S-~'.:E ~: ~5 ~5 -E~, ~0 A PCNT ON T~E ~ST ~NE OF THE PROPOSED -_ORDA DEPARTVEN- CF -;A',$>CRTx-Ch R',GNT-OF-WAY; -~?~CE :i00'27'35'W. AL0'~,3 *:~E 5~D ~ST L",E, A D STANCE 206.73 FE~. TO T~E NORTHEAST CORNER 3F S~D R GmT-Or-WA'C Tr~'~C[ S.59'3~'~7"W, 4~O;,O -~[ '.,:RT-~[RLY _NE OF SAiD R'G~T-OF-WAY, A DISTANCE OF ~0.00 FEET. -~ENCE N 00'2T36"w., ALONG -~ SA.C bEST LINE. A DIStaNCE 2000 FE~; -hENCE LEAV:NG -NE SAD ,';EST L::'i~, N 89'31'~7"E.. A DISTANCE 0F 105.41 FEET; T~ENCE S.00'28'23"E., A 3~5TANCE CF 226.76 FE~, TO THE POINT OF BEGINNING; CONTA*NiNG 17.703 SQUARE FEE-", MCRE 3¢R LESS· S;'<ETCId ~: DESCR,PTON ON.Y NOT A BOuNDArY SLR'FE'r GOLDEN GATE PARKtYAY IMPROVEMENTS SKETCH &DESCRIPTION PARCEL 742A COLLIER COUNTY, FLORIDA I '= 80 30~ESK742AI S~ TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURATION: 3 YEAR~ FROM COMMENCEMENT OF CONSTRUCTION) EXHIBIT A EXHIBIT A ~o (PLAT) TRACT 50, OR 2gBB/5202 TRACT 59 GOLDEN GATE ESTATES UNIT 30 :'.AT BOOK 7 PAG[ 58 TRACT L£SA~ SESCR,P"C,N FC, 2 PARCEL 742B CF TRACT 5g, 33_3~., 3ATE -i~.T~TES, ~NIT 30 AS RECCRDED ',N PLAT °ASE 58 Cz -;"[ :~:2_3 2EZORDS OF ~O~LER CDO'~, FLORIDA S:7UATE 2g, ~S','d,S~P 4g &2~':-, -~A'~GE 26 EAST, COLDER COoN'~C FLOR:OA P~RTCdL~RLY CE~:R~ED ~S :OLLOFzS. ~RE ALC'~G T=E ~5T -*,E OF S~O TRAC~ 30'27'56"W, A 2 STat. SE OF 8530 FEE~, TO THE POINT OF BEGINNING. 30'27'55',u, A 35T~hEE 3F 7050 FEE~; LE~', hO ~hE SaD EAS- _~ha. S59'5~'~7"W., A 0,STANCE OF ~4.00 S59'3~'37'W, A 5STANCE OF 23.90 FEET; 30'2T35"E., A O,5TANCE OF 25.00 FE~; N.89'31'57"E, A 3,S~ANCE OF 67.90, FEET TO THE POINT OF 8EOiNNINO, 3,700 SQuArE FEET, ~,~ORE OR .ESS SKETCH & DESCRIPTION OhLY NOT A ~OJNDARY SoRVE ?CR; COL~ER COUNTY '3C,~RN~tENT 30~Rg GOLDEN GATE PARKWAY iMPROVEMENTS SKETCH &: DESCRIPTION PARCEL 742B COLLIE~ COUNTY, FLOP. 1DA ~OB ~iU'.tBER gl-CO'5 I; F LE N-~E J £HEET CO' 5S47428J I OF EXCLUSIVE ANCHOR EASEMENT EXHIBIT TRACT EXHIBIT 3~o (PraT) TRACT 59 GOLDEN GATE ESTATES UNIT 30 -1,D' W!DE ANCHOR EASEMENT PARCEL 942 200 sq. ~t ? i ~ATE CAP,WAY TRACT 66 _~OA_ 5-22.3R?;ON :OR ;~ARCE~ 942 ~T 303K 7, ~AG~ fg ?: -~ PLBL;C ,RECORDS 0F COLLieR COb%~, FLOR:DA S;TUATE h. SECT:'.. Z~ -;,',~S~,P 49 SOUTH, RANGE 25 EAST, COL~ER COUNt, ;~CRDA BEING ','3RE ;:RT'CU~RLY DESOR,BED AS FOLLOWS. 2C'/MENCE AT ~E !]~i-,~ST CORNER OF SA,D TRACT 59; THENCE ~; 59'3!'37"E., A~(:',O ~E SDdT~ LNE OF SA;D TRACT 59, A 0;STANCE OF 43.96 ¢¢~'_~,, THENCE ~.~.,z,~'~''_c .. q DISTANCE O: 9~ O0, FE~ TO THE PO~ OF BEGINNING, THENCE S,89'5~'57'¢¢, A THENCE NOC'2T}6"4, A 3,STANCE OF 2000 =EST; THENCE N.89'}~'37"E, A 2:STANCE OF '0.00 FEET; ~h~ENCE 5.00'27'55"E, ~ 3~STANCE OF 23.00 FEET, T0 THE POINT OF BEGINNING. CONTAINING 200 SQUARE FE~, MDRE OR LESS. SKETCH &' DESCRIPTION ONLY NOT A BOUNDARY SURVEY =OLDEN GATE PARKWAY IMPROVEMENTS SKETCH & DESCRIPTION OF: A 10' WIDE ANCHOR EASEMENT : PARCEL 942 'COLLIER COUNTY, FLORIDA 31-00'5 !~ 2 49 t 26 PARCEL NO.~ PERPETUAL, NON-EXCLU~IV[ ROAD RIGHT-OF-WAY, AND UTIUTY EASE~ EXHIBIT_.J ._ _ EXHIBIT A , ~OLDEN GATE PARKWAY'(CR 886) 5' i rd ~ ~,:~osm ~,c~T-o~-wx~ ~ PERP~UAL, NON-EX~LUS~E ~ ROAD RIGHT-OF-WAY, DRAINAGE "h AND OTILi~ ~SE~ENT i ~ PARCEL ~43 ~?ACT 49 TRACT G0~DEN GATE ESTATES sN:T 30 'RACT 55 , ~ ~j: -E~.5:PTO'I F0;i ;'ARCEL 3CCK 7, ~:0E ],5 ~: : 3. ~ ;~UCRDS 7F COLLER C,)',.P,P'. ;~3R:DA S,T~ATE ~ SEC2C:h Z~ 'f,, 5 ~ :z ~ ..T~, ~; ,3E 2~ E:ST, 'CCL:_ER C'3uh~', ~_CRDA 23',~','E:.CE :' --: : E-3 3iq':ER ,3~ ~<' ~ :R~CT ~3; THELCE 3 30'27'41 'E ;L3',3 :-[ i:!; i .i i: 3:3 -~'uj; cO. : i:ST,~'.'ZE ]F 53.03 :EEL 73 a SChT .;'; ThE ~.~,~: - i: - :'7:2,',:,~ E~SE','Et' '.:C'} .... ~c,~ ~5 :~R SAiD U~AT AND BENS T=E ~l!:,- l; 2/5'. :,3, T~ENCE ,_L~', ;,3 -:'E S.3 E45r _'iL ssg'3~'37",V., A 3;5T~NCE OF 150 OO FEE~, ~ PAGE TO i-;~E ,,EST _.;,Z if _:,',i 3ESCRBEO ;t, OF:C'k REC3PDS 900K ~89, J3!' CF % E :~3b!C -'~23q;3 CF '33~,Eq 30~,rr, :'_:3R DA. q'EF, CE hZc'2T4'",',. :.-3'~O - ~E SA'D ,qESl '. :',E, A 3S~ANCE 0F 3100 FEET, TO T=E'qCE ', ~'3"~7 E :' 21.~ 5~E SAO SOb~h LPIE, A 2~STANCE OF 1500Q FEET, 3ONTANhG 4,~5C SCuARE :EET, LtOqE OR LESS. S'<vTC k DESCRiP'PON 00: PEIiPSTU&L, ,ON-EXCLUSIVE aO/,D I IC~"~'~'~ RIGI!T-OF-WAY, DRAINAG~ A.~D L iIL[~ ~-,~.,i~.l, ~se~o~r;t~;oas~suoaa~vE, su~T~O CO[LIZ2 COUNTY. FLORIDA [ :a:,o ~la ?~ARCEL NO. II'~l~ PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAy, ~1'~ AND UTILITY EASEMENT EXHIBIT [COMUENCEUENT~-----' 'r~. / /'/'/.// //"/' x/J GOLDEN GATE PARKWAY (CR 886) '/ I -RACT 65 I ,/ / / / / x / / / / /l t . ;:E :" ~EAR:N; : LENGTH [ -! '~ S,'3C'27'41 'Ei 5OC07'£0 TRACT 60 ~£R~ETdAL NON-EXC US'V ROAD R OkIT"'OF-WAY, AND U~!L:TY EASEN'EHT PARCEL :~ACT ~5 GOLDEH GA~ ESTATES ~,';iT ' 30 TRACT 76 _~5-'_ _ES?m'F:'"Ct, FCR PARSE. !44 :L~R 7A E =~;TE :~ SEZ-;3h 2g, =Z',',';SmF 4~ S3~T% ~NGE 25 E~ST, ]7,'V.E',SE cT ]'~E .2;~,',EST SCRI,ER 3F' S~O ~R~CT 55; S E~;'27'4!'~. :L3:'.3 ' E ",'ES~ -~'~ OF ~D -~&CT 6~. A 3ST~,',CE ,','SE) :S PER S~;D ~_A- :,D 3E;';G T~E :C:',T OF 3EGihN.NG; -*E',CE ', ~9'3"37'E. :L~",3 T~E S~D S(;~-H u:NE, A ].STANCE O: :5030 sEE. -0 Tree EAST _,',E 3c L~',D CESCR[DE3 h C:F~CIAL RECORDS 9CCK ,Tg, ~;SE '298 CF T~E ~DLC RECORDS C: CO_-ER COuNtY, T~ENCE 5.C0'2T4I"E, .A~ShG THE S4~C E~ST _PIE. 4 D~STANCE C,F 55.00 FEE-; T-E~CE LE~z;hG T~.E SA.D EAST -;hE, 589'31'37"~., A S STANCE OF ~0.03 FEET. 70 TPE 5F:D ,',EST -hENCE N C'C'27'4~ ",'¢., ;LONG THE SAID 'h~ST '-NE, A DISTANCE 0F :SET, TO ThE PONT 0F 5EOf;~i 2O',TAi:NINO 4,950 SQUARE 7E~, ?ORE OR LESS. SKETCN &: DESCRIPTION OF: PERPETUAL :'~O~i-E:(CLUSiVE ROAD RIGHT-OF-WAy, DRAINAGE AND UTILITY EAS.MENT COLLIER COUNTY, FLORIDA ~ARCELNO. I~ ~ PERPETUAL. NON-EXCtUSIVE ROAD RIGHT-OF-WAY, DRAINA(~. AND UTlUTY EASEMENT EXHIBIT A EXHIBIT. _ pam,_] 'RACT 59 'RACT 66 GATE ESTATES _~h4T 30 TRACT 75 :l-:-_ i_SSRPT:CN FCR PARCEL !45 ~:,,3E-26 E:,ST, C0,_ER C]J,~', -}~ la ~LLG '.'ORE :ARTiCU~ZRL/ 2, ESCRBEO AS FOLLOWS. 2,2'.'L1E:*CE AT T-E ~C_T~,'.~S' :>,? 2: 2:D -R:CT 56; TP{hSE L2S'27'~5 ~V., ALONG -~E WEST ',E CF S~13 TRAS- ~, z ] C z'.]{ 1: t]_O :E~-. 7.3 A :5hT 0% !hE ;,CRT~ LhE OF A ~OAOWAY E~GEh~CF,T (100' ,$:)E) ~S [:{ i: 5 : -- a'3 3E~iG 7-,E cOP,iT }F B~SLh~NG. -~EhCE :OhLNbE %00'27'~5',, .._):,G -~ SAD ,',EST _NE, A 3~STANCE OF 33.00 FEET; "mE::S5 ~E~.'hO ~E 5~3 ,',~57 _hE, :5~'3:',57"E,, ~ 3S~Z:~CE OF 330.25 ~EET, TO 'RE [,~T LiNE CF 5A,D ~AC~ 55, TmEhCE 5,0c'2T45"E,, A_Oh; -~5 SA0 [:ST L,hE, A DiST?,CE OF 33.00 FE~, TO A POINT ON THE SA,O ',CRT~ ~rkE, -~EXZE 289'3t'37"~, q_2'~f; --~ .E~3 ~3R-~ ~NE, A 5ST,~NCE OF 350.25 FE~, =O T~E POINT OF 3EG,~,N,NG 30NFA;N;NG '~0,898 SDUARE :EET. ',:,:,RE C,R LESS, SKETCH :k OESCR PTION ONLY FO~ 2C.~E? CC~'J'" 3O,ERNME*;r GOLDEN GAtE PARKWAY IMPROVEMENTS 2IGHT-OF-WAY, gRAINAGE AND UTILITY EASEMENT PARCEL 145 COLLIER COUNTY, FLORIDA PARCEL NO. J L,, PERPETUAL ROAD RIGHT-OF.WAy, AN.D Lq'IUTY EXHIBIT P~l~ '/3 of GOLDEN GATE PARKWAY !OR 886) TRACT 60 P_R .lbAL, NON-EXCLUSIVE ROAD R;OhT-OF-WAY, ~RANAGE ~ ANO LT:L;~ EASEMENT ~ ~:~CEL !46 *RACT 65 GA'E ESTATES TRACT 75 · ;7- ". l= : 1- = 1£', 3z7'£ :l/-:-£S, s'..7 ~S aS xLiC~CEC ', ' -¢- ~-* : , ltl ' ~ 6,',:%?,s z9 S'3U--% e~t,:3E 25 EzST, ]._-l~ ;Z_'.-~ l: ... :;i:',G ?ERE P~E-:~LZR~¢ lESS,RIlED ;.S :O~LO't/S ,,SP *S :E~ 2:~ : : *.2 3E:',3 ThE :]i'.' C,,~ -: ~'3~ _f-.. ',j i 'i ~- ] {:-~[ ~':6, S 59'31'37",V, A ]iSTANC~ ']F 'SO il fEZ', '3 '~E :,fir _ ,z '- i:.D -RACT 55; -"6'~,2E ',33'2' '4' ,, -~1'.~3 TP[ $A;D ,',EST -,'qE, & 3iSTANC[ OF S3CO rEEl TO S ::i',T '2'.'E SAD SOUTH JhE: T-:E';CE :, 59'3"3~'E, ash] -~-E SAD SObl~ LNE, A D;ST~NCE OF '80,11 CC,",T~.hlhG 5 944 SC~:.RE FEET, klORE SR .ESS. %07 A 9OL,ND~RY SL~C~V :3'~ J2L.:ER ,],C.,:ilY 3;2,EA%!IE:,[ ~C~i Cz iiU'. ' 3OLDEN CATE PA.:~t<I;'AY IMpi~,OLZSiEN'f$ .03 ';buB£R 51 -2 .)' 5 ' ' SKETCH & DESCRIPI'ION OF' R;CIir-OF-WAy, DI'iAINAGE ;\'~;D~'~'i:~,:~"' :;ON-EXCLUSIVE COLLIER COU;;Ty. FLOR:DA · - ~'~' }-25-02 [ ~E:] 29t55K!,:6 ' iF PARCEL NO.~ PERPETU,,~, NON-EXC, L~ ROAD RIGHT. OF-WAy, AND UTIUTY ~ EXHIBIT EXHIBI? A ~RA T GCLOEN G~E75 ESTATES oNT 3:) , ;% -RACT 82 SCL]EN' G~,-E :'ARK,'¢AY ,'.C'"'R 586) _ET-:L ?/S'}i7 UT SN :OR uARCEL :47 '],',hS~P 49 EO~-fi zJ.OE Z5 ETS- 3S~_:ER 3C,Jt,Zf, :_SR!DA BEn'lO ~JORE ;:RfCUL~RLY ::,'.t','ENCE AT ThE S3..':,',EST '- 0F a s$~3,'¢a¢ ScSS'~E:- :l'SA' ,',,SE) nS SER SAiD PLA] ~LO 3E',G T'dE SC,bT OF 'PE'.CE ':S:;7',u;E ', 20'27'45'?/, ~_2;,5 -hE SAD ,;EST J, NE. A DISTANCE 3F 53,30 FEET; ,~¢~R 3.¢ L CFF'C:/~L RECCRDS ~COK 2719, PAGE 3426 OF '~E PUBLIC RECSRCS OF CSLLER SCUN~', ->E',CE S 00'27'45"E, A'_S',;G T-~E SA',C EAS'r ~%E. A 3, S~AHCE OF 55.,30 FEET. TO THE SA,D -dEhCE 5 39'3' '57"a', ,~OhG ~E 5A,O NORTH L,~AE, A D:STANCE OF ~05.00 FEET, TO THE POItJ OF BESI,"iN:hG, CON'AJ~,NG 3,465 SQUARE FEET, *JCRE OR LESS, SKETCH & DESCR,P"ON OqLY ~lIII~ ~'~:,,:~; GOLDEN GAFE PARKWAY i~,IPROVE~tENFS PARCEL 147 ~ ' COLLIER COUNTY, FLORIDA EXCLUSIVE ANCHOR EASEMENT EXHIBIT,, 50UTI,'~LL TRUST TRACT ~3' WIDE ANCHCR-.~ EASEMENT PARCEL 947 EXHIBIT A ¢~.RRY OR 2542/5205 N,*-°L~ 8RIOGE C~T~R, INC. OR 877/1642 0 TRACT 175 GLDEN GATE.' ESTATES UNIT 30 PLAT BOOK 7 PAGE ~ .£3A~_ :ZSCRIPTION FOR PARCEL 947 .~ =O~7:3N OF -~a]~ 75 .)?_SEN 3ATE ESTATES, dNiZ 3C AS RECORDED ~T 93DK 7, ~z']E :~ Jr -~E P~BL:3 RECORDS OF COOLER COUNt, S,TUATE N SEC; Gr. ff~] -]¢,hSh~P 49 SOUT~. RANGE 26 EAST, COLLIER COUNt, F_JR,DA :~ ',.G';C~E ~ARTC~LAR~Y DESCRIBED AS rOL_OWS, CCMMELCE A -'~: 53_7-,'/EST CORNER OF SAiD TRACT 75; ~HENCE THENCE CONT;NUE ,,C5'~7'~5',V,, ALONG Tm[ ~A,D WEST L:NE. A ~E~NCE ~EA'vNS TFE S~,D ,~[ST JNE. N.Eg'~2'IS"E., A DISTANCE OF !0,00 S59'5~'~7"W.. ~ DS'ANC[ OF 10,00 FE~. TO THE POINT ~EG NN~NG; CONTA*NING !00 S~UARE FE~, MORE OR LESS. 9.003 SKETCH &: DESCRt:TiDN ONLY I NOT A BOUNDARY SURVEY GOLDEN' GATE PARKWAY IMPROVEMENTS SKETCH & DESCRIPTION OF: A iO' iV;DE ANCHOR EASEMENT PARCEL g~7 COLLIER COUNTY, FLORIDA PARCEL NO.~ PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DmRAJNA(~ AND UTIUTY EASEMENT EXHIBIT -FI TRACT "~ m {R PE'TUAL, NON- E×CLUSIvE ~ ROAD '~'GHT-OF-WAY, DRAINAGF_.. =>,D uSL',l'F EASE:'4EhT ~ARCEL ' 4B : TRACT 76 GOLDEN GATE ESTATES UNT 30 mST BOOK'7 ~AG[ 58 TRACT -.. :!j~--T;3~,; FOR ~,RCEL '48 :z.~E f:5 DF -"E z 2_ ] : ! ~z ]3_..E~ S:]~hTM. :_~qC.A 'S~: :~E N SEC-D', 29. iR3 '.t.. ThE~C~ N76'~B'39W. 4 LU'-~',C~ J: 54.2B FE~T; T~ENC~ S ~B'57'37','~ q C ~%:.~ 3F :C 70 :~. ~:3 TWE S:~D ,NEST LNE; T~NC~ N Do'2T45",V, :_~',3 -~ S:] ,',EST _,~,E, A D~ST4NCE OF 3~0~ FEET, TO TIlE POINT 7z 8ECINN 21Gi1T-0F-WAY, DRAINAGE AND UHLiTY EASEMENT COLLIER COUNTY, FLORII3A EXCLUSIVE ANCHOR EASEMENT EXHIBIT A P~ge ~, EXHIBIT A GOLDEN GATE PARKWAY (OR 8'86) POINT COM~[NCEbIEN TRACT 60 TRACT 55 SO~OEN GATE ESTATES GN~T~O //- lo.oo N00'27'45'~ ~ ~ S00'2T45"E EASEMENT PARCEL 948 TRACT 76 L£,SA~ ,CESCRPTiON :'OR PARCEL 948 P_AT ~OOK 7, :zGZ f8 OF THE PUBLC RECORDS 0F CG~L:ER CCUNVr, F_OR DA S~TUA-E h 5EC-~CN 29, -S',~NSd~ 49 SCUT~, RANGE 26 EAST, OOLLER COuh~f, :LOR~DA 3E~NG MORE PARTICU~RLY DESCRIBED AS :GLLOWS. 2OM'dENCE AT '"HE ';0R~:-~WEST CORNER CF SA;O TRACT 76, THENCE ~.30'27'45"E., ALONG ThE WEST L~NE ,OF SA~O TRACT 76, A DtSTANCE OF FEET TO THE ~>2,hT OF BEGINNING; THENCE N.8g'z!'CT'E.. A O:STANCE OF ~0.00 CEE:T; THENCE S.00'27'45"E., A S:STANCE CF ~0 30 vERY; T?-ENCE S.S9"JI'57"W., A 3STANCE OF 10.00 FEET; -HENCE N,OG'2T45'W., A O'.STANCE OF 3000 FEE'" TO THE POINT OF BEGINNING; CONTAINING 300 SQUARE FE~, MORE OR LESS, S<ETCH & DESC;q[PT~ON ONLY NOT A BOUNDARY SURVEv SSALg: :-OR: COL~;ER COUNTY GO'dERNMEN~ 90ARB 0: :CJ'l-Y' COMMISSIONERS GOLDEN GATE PARKWAY [MPROVEHENTS SKETCH & SESCRIPTION OF: A ~0' ~IDE ANCHOR EASEMENT PARCEL CO~E~ SOUNTY, FLORIDA PERPETUAL. ROAD R ~HT-OF-tAiKy, AND UTIUTY EXHIBIT EXHIBIT A T~A~T 75 ;OLOEN GAT~ ESTATES Jhi? 30 'RACT 65 -- . !s'Y -- "-, ~:'% 7::: TRACT 52 $CLDE'~ %TE ::'ARKA%Y ,;:CR ._:,}', S:L'?.ZTC:~ :-D~ PARCEL 149 -"E ~L8_C :~E:J3~C5 OF SC__ER 22., T' :_S:>2:A S,'.ATE ~, SECT:ON 2g, TS,'¢qSd'P 49 SO,JTH 26 EAS~. C:3'.'_;ZR C,Sbh-", :_2; ], ST' ] ':zRT;Z.'_:.~L'f SESCq~CEC' ,AS :}__CWS EC~.::.iEt;CE ~7 ;~E SS.Tr4,',ES- '' :'.:: : S.:D -RAC7 /5: :hLhCE '~ 59'3i 27"E., ,~LCqO T~E SOuTh L'~E C: S"D 7RACT T5 ,; ]~-:',CE 2; ~523 :EET, -3 ::'E .',EST L.NE O~ _kt,D DESCRIBED 3FFZ4L ~[]CRCS 303K 2~42 :.-52 ~lLi }: T-~E P~5,_C ~ECCRDS OF CO-=ER CObH~ F~ZRiDA; -~EhSE h 3,0'27'45'W, ;.3',3 ''~ S~'O '.{S~ ~';E, A ~S-ahCE CF 5000 FEET, TO A PONT -~E 'ICRrH _hE CF 4 '~,2iL,',.~` l-2~'.'i,l (120' ,', DE', iS :ER SAD PLAT ~i~D ~Ef~G ThE POINT CF TheE:iCE CONTihcE ;4.3;0'27'45'.';, ::.3:.,; -.-E 5:D ,;EST _:hE, ~ :.iSTANCE OF 3300 FE~; SA~D DFF:C,A~ ~ECORDS BOO',( ~PELCE S.CO'2T45"E., ALChG --~ S~E LAST LhE, A D~E,TANCE OF 33.00 FEET, TO A PC:HT ON THE SAiD hORTH z,NE; THENCE ~.89'51'37"W., ALONG 7::E 5:'.3 ¢,CRTH L¢';E, A D~STAhCE OF ~5.00 FEET, TO THE POINT EE,$:NNiNG '3OhTAiNING 2,475 SQUARE FEET. ~'CRE OR '_ESS SKETCH ~ DESCRP'IC.N OhLY ~~IIIIII[ ,NOT ~ BOuNDaRY SuR',E'f ;:.ALZ: :'::s~ :OR 3OLL!ER COb~,TY 3O',ERN!,EN~ 3,D~RC, -,F ZC.',I r 2O!,tMiSS~C'iER5 I SI(ETCH & DESC21PTION CF: 2EEPEiU:~L, :;ON-EXCLUSIVE ROAD I I >,IGHT-OF-WA.Y, DRAINAGE AND L']'ILiT\' I P ARCEL 1,19 I COLLIER COUNTY, FLORIDA I ~.30 NUMBER RE,IS,ON ?,ECTiZi~ rc,',',S'J'l: ;.:h.SE' '"~¢;A_E "]ATE ~ :R.:',;"~ B¥ FLE ',,-NME ] SmEET OARCEL NO. I~"O PERPETUAL, NON-F-XCLL/~'IVE ROAO RIGHT.OF-V~y, AND UTILITY EXHIBIT TRACT 65 AND d%~l~r' ~.ASEMEhlT F~.RCEL ' 50 TRA T GCL. DEN G~C~E76 ESTATES JN ~ ._tO TRACT 81 j :* ;'3R-.3', Z? ";:'S- -5 ~..E. -'-~ ES;A'ES, ¢¢.~T ~3 ;S ~ZCC~CED ,N =LA~ 3OCK saDE 55 Z~ '=E :.3_C ~E]]:]S ~- ]Z~sER CS~;;'Y, FuSE:DA ST~&'E :; EECTON 29, E~S- -:,',E CF SAiD TRACT -3. : ~-:*,::E CF S0 'JO ~EET, T0 A PO,bT ON ThE SOUTH S: A ~DzC¢,'At EASE:.IEhT (iCJ,' . Z~ --Z PER S~;g PuAT A,'.B 5E,'~G T,dE PC:NT OF -fENCE CONTPxuE S.0C'2V49'E z~3,,3 :.~E SA~D EAST L:NE, A D,STANCE OF 4100 FEET: '~E~;CE LEa, viNO TdE SA;S, E;ST ,. '.E. S 5~'5"37",V. A D~S'At,Cg OF ~49 99 FE~, T0 T~E ,',EST L;';E OF L~HO 3ESCRaED ': ~:=C~ RECORDS BOOK 1272, PAGE 945 CF THE PUBLIC RECORDS OF CO.=.ER CCJ'.~¢ : ~c 'hE~,CE N00'2T45"W, A_DhC *='E ~AD /~EST LNE, A DISTANCE OF 4t.00 FE~, TO A PO{NT O'~ 7~E SAiD SOUTH ~qENCE X59'3]'37'E., ~C:~O -hE 2AiD SOUTH DNE, A DISTANCE 0F 149.99 FEg, TO POINT OF BEGINNING. CONTAINING 6,150 SQdARE FEE', '.tORE OR _~SS SKETC~ 5( DESCRipTiON OhL: '~QT A BCu~,~g,~R'f -:R C2L.~R S3~N~ SS'.ERNUE.~T ~OaRC 3F iZ_r:-: C2' ~,SK150[ I SE * GOLDEN GATE P/'.RI(WAY [Mi:RO"/E;dE:'FF$ S!<ETCiI & DESCRIPTION 3F: I)EP. PE'FLr:~L, :;DN-EXCI. USIVE ROAD RIGHT-OF-WAy. DRAIN.AGE AND UTILITY EASEMENT PARCEL 150 CCLLIE~ COUNTY, FLORIDA ^RC':L NO. J SI PERPETUAL NON-EXCLUSIV~ ROAD RIGHT-OF-WAY. AND UTIU'rY EASIDaENT EXHIBIT_ TRACT 66 EXHIBIT A ~R;DGE CENTER, *NC. 877/1642 =RACT 7.5 GOLDEN GATE ESTATES UNiT ~P~:~u~. uSE c TRACT 82 PERPETUAL. ,'.,ON-EXCLUSIVE RCAD R GHT-OF-C/AY, DRAINAGE .--AND uTIJT'f EASEMENT _£S~L CiSCRZLCN FOR -RACT !51 A ::CRT;CN OF TR:~CT ~5 ~.2_DEf, SATE ES~- ~S..;~l ~3 AS RECORDED Ih P_qT 3,)O< 7, PAGE 58 OF 26 EAST, CDzLER CDLt,TY -LCq:DA 5E:'~3 ','ERE -:Rr S,._--qt.~ ~ESCRBED AS FC..C'aS 20?,'.E~CE AT THE SOUF~AST CCRLER DF S~3 '~:CT ~5 --ELCE N.0D'27':9"W, ~_3NG THE EAST _~NE 3F 5,:O 'R4CT 75, A OSTA:,CE S: ~3.00 FE~-, :';3 ~ :7'~T ON ~-~E >,CR-d LNE CF A ROADWAY EASEMENT _A'~D SESCR~BED h 3FF~C;AL RECCRCS 330:< 877, ~4GE i~z20~ THE PUB_lC RECORDS OF CDLL:ER 3Ob~, ;LORIDA; ~-ENCE U,OO'27'45"W., ZLONG T;~E ga:0 ,¥ESF LhE, A D:S-A',;CE OF 5300 rED; TdENCE .EAViNO !dE SAiD .'¢EST u,;~E. N 73'3"37'E, A D,ST4f;CE OF 75 20 FE~; ;~*E'~CE 1g0'2~'2}"W., A 2;S~AhCE CF ~ 55 FE~; THE~CE '4.89'51'57"E., ~ DSTANCE OF =4 ~C :EET, ;C THE S4;0 EAST LINE; ~hE~CE SO0'2T49"E, nLONG ~mE SAG EAST _:hE. A DISTANCE CF 41 O0 FEET. TO T~E ;OiNT OF 3EG NNIhG. 3ONTAthHNG 5,553 SO, dARE FEET. ,',.fORE OR LESS. GOLDEN GATE PARKWAY IMPROVEMENTS SKETCH& DESCRIPTION OF: PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAy, DRAINAGg AND Ur!LITY EASEMENT COLLIER COUNTY, FLORIDA PERPETUAl., NON-EXOLUR~V~ ROAD RIGHT-OF-V~y, AND UTILITY EXHIBIT P~ge '~'1 . of t ~ 9 iRACT 75 EXHIBIT A ~JO (Pc~TI SANNICANDRO, JO OR 2275/2336 TRACT 82 3OLDEN GATE ESTATES TRACT '3C-DE% GA~ P4R~WA¥ ,CR 5~5~! 't --]: £--50~pT;,3,'4 FCR =~.RCEL !52 Z,5'JTm, ~c'i~E 25 5:3- .. _Ez 23~:~Tr, F'_CRDA ~[NO ','CR[ PzRTCoL~R_Y CESCR'BED AS 7~E iCE Z'ShTr';bE ', 32'2'-~'., ;c:3:~O --E S4~D 'e/EST =hE, A D~STAhCE OF 4~.00 FEE~; T~E';CE LEAbiNG T~E ~:'5 ,',~ST _'.E, ',.~9'5~'?"E,, A D;STO~ICE OF !49 86 FE~, TO E;S- _'~E OF RECCRSS OF COL_,ER Ti*EKCE S gO'27'5~'E , SAD r,ORT~ 'hEh~C~ S 89'5'.'5~ ',V.. ~.3,,~ ::-E 5&D NORTH L,NE, A 0?STANC[ OF '49.88 FEE¢, TO THE POtNT COhTAiNING 5,;44 5,~UA~:E ;'EET, ',ICRE OR LESS S<~TCk' & DESCR~?TION CtlLr 'iCIT -~ S,Su."iDARY c¢,¢R,,F, _~ sc,~:.z F-ac GOLDEN GATE PAltK'~gAY IMI>EOVE?'IENPS S×z'rCll & DESCRIPTION OF: PERPETUAL, :,:ON-EXCI.USIVE ROAD RIGHT-0F-;YAy. DRAINAGE AND UT!L:TY r=x~z..l~.~.~ r PARCEL l ~2 YAJL~S FLO~DA ]41~ COLLIER COUNTY, FLORIDA JAN PAROFJ- NO. PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF.WAY, DRAJNiM~E ,'~0 U'nUTY ~ EXHIBIT P~ge ~Z. of E]~-_ .:~:E£~.PTIGN FOR FaRCEL -'~ ,-'%R+;Oh ?F -~C- E: ;1 . ;--TZ CSZATES, ~hT 33 AS RECCRDED '1 P_AT ~OCK Ci'.".',EhCE sT ~E ,Z~7-,,ES- 2i~:.ER Oz SAD T~ACT 8~: T~ENCE S60'27':9'E. %'E ,',EST L:[ E C:F S-S q:C- 5'. , LST~LCE ,TF 5C CO FEE~, -3 z PC~HT C:i THE ~}-ENSE ~. 8g'}~'~E"E, :,_C:.G T~E E~D SCL'TH U',~Z, & DSTANCE OF 300.~1 FEET. TO A ~'~T ON THE ','.ESI LNE D: A E~:D',¥AY EASEMENT ~60' A;DE) AS PER SAID ~T; 7PENCE S.30'27']CT., :L?'G TH~ ,¥EgT LNE SE SAC ROA~'~AY ~SEMENT '/60' WDE). A 5STA',ICE CF ~ 0C FF~~, T~qEx;CE LEAVING TrE ,'.EST c'.E CF SAi~ R,O4DWAY EASEMENT (60' WIDE). S89'31'37"W., A DS~ANCE CF 3~0 ~0 FEEL :O T~E ,VEST LhE OF S4;3 T~CE 81; TmENCE N 30'27'49 'w, ALZ.',r3 !'PE ,~EST .,NE C~ SAC TRACT 8~. A D~STANCE OF 41~O F~ET. TO THE POINT OF CONTAiNiNG 12~0~ SQUARE FEET, ~'.I,3RE OR '_ESS. SKETCH & DESCRIPTION '3'i'- ~0- A BOutlOARY SdRVEY ..... SRETCH k DESCRIPTION OF: PZRPETUAL ?~0N-EXC:.USIVE ROAD sE;L( RiGHT-OF-'NAY, DRAINAGE AND UTIL:'FY EASEMENT COLLIER CDUNTY. FI,OR!D.4 L3r~:~Z 0;-,20,511 2 2g 4g 25 ,'=a0' 5-4.-02 I eEC 33'55K153I i ,2F ' 2003 PERPETUAL, NON-EXCA. U~/V~ DRAINAGE AND UTILITY EXHIBIT A pag~ ~'3 of I~ TRACT , I WIDE DRAINAGE EASEMENT----~ UT, LIT'( EAS£MENT PARCEL 855 5~89 sq ~t TRACT 81 GOLDEN GATE ESTATES dNIT 30 TRACT 92 LES:,L :ESCR,PT, ON FOR PARCEL 853 ~' :)qTO,% .3r :RPCT 8! 33LDEN S:T~ 2ST4TES, JhT 2J ~S RECORDED ~i ~=4- ~OOK ~. ~AOE ~8 OF x. ~-:C qECCqC'S O~ CC__;~R CCULD¢. :LCR~ S,TCA'E '1 SECTC'~ 29. T'D,',;,SFHP 49 SOdT~, ~A,~GE 26 EAST. :C__,E~ '23,JhT'. :_:R3< GE' 5 '.tORE F;~T;iCU_:.~ 3ESCRSED AS FC~:3'~5. :GL.ME, CE ~T -~E '40~T~-E~ST :CRhER (): $A~C TRACT ~!, THENCE 5.30'27'50"E, :.S¢,G Tr*E FAST LiNE OF SAC -LAC: 8~. A SST~',CE OF 9:33 :E~; ~-ENCE ..EA,'Lh;S :HE SA;D EAST _'hE, S 59'}:'3T','t., A °.STANCE DF 33.50 FEE~, T° A mO,~;T Otl 7dE ,'.EST L'JE CF A RCI/~DR/AY EASEMENT (60' ','fiDE) AS PER SAiD P~T SE:HO 7mE PC'W[ OF -FE%CE S C0'2TDO"E. A_ONG FPE SA D',&S'~ r =~JE. A DISTANCE OF 588.85 FEET, TO THE SOUTH c;,'4E OF SAID -RAC~ 81; -'~ENCE S 89'32'55"W., A~S'~G T~E 5A.5 $3u~h L'.NE, A °,STANCE OF 1030 FEET; 7~E%CE N.CO'2T30'W.. A 3~STAhCE OF 588.86 FEET; T',dENCE N89'5 'DT'E., A DS~ANCE OF i0.00 FEET, TO t~E POINT OF BEGINNING; 30NTAINING 5,889 5QdARE FEET, '.tORE 3'R LESS. NOT~KETCHA BOUNDARY & CESCR:PfiONsuRvE~ONLY GCLDEN GAFE PAEKWAY 15iPIIOVE,MENTS I SI(ETCH & DESCRIPTION 0F:A I0''¥[DEL'.E. & U.E. n~'~__~' COLI.iEI~ COUNTY, FLORIDA m, ::APLESFLORDA341g~ .C3;'J~/DER SJa:f I 3A-E ~ 5~4WNBY FiLE>;~ME I S-EET '5'-20!5.11 ~O' ~ 9-25 -02REC 'CO '. 5SK853 i OF 1 I I 2003 PERPETUAL, NON-EXCl.~ ROAD RIGHT-OF-V~AY. I:N:~d~ AND ~IU~ ~~ EXHIBIT A TRACT 82 GOLCEN 3AT~ ESTATES uN.T 30 TRACT 75 TRACT 91 .::3,:.._ _zS']~tPT:ON FCR PARCE~ 154 ~ :3,RTiON OF TPACT ~2 ,SL,_~F', ¢~-( _S~.'zS, ..',:T 33 ~S RECCqDED ~'~ :_Al BOOK 7 :AGE 58 OF [-E :UBLC ~LZO~OS DF 3C_LE~ _C~:,'~, :_.qD: STu~TE N SE2:O~; 29, ~C/;NS,d:P 49 SCUTH, RANGE ~ -..c&-- LL~.,,-.q ¢ ~; 3 'R~CT ~ ':-Et;CE '~.C0'2T54'¢1.. A-O~,G ThE EAST CF SA,D TRACT 82, A OSsA',CE ]: rt ]] :Z~T, -0 A p:3~',iT C:, 'dE ',ORTH ~,HE S¢ A ROAD'NAY EASE~,~ENT T-E",CE 5.59'31'37'",'¢. A_3',O =~L S.: D ',]~'P _:.E, A :)iS-A~,CE OF 180.00 FEET -O ThE NESF LNE OF _.w,3 ]ESCRBED ,H ,]FKSA_ 4:4323S 5]3K 2275. ~:OE 23~6 SF -hE PUBLIC RECORDS 3F COLbER ]OUN'Y, F~ORtDA; T~E',CE t4,00'2T54'~, ~,.C',G -~. 5~,D ',ES- ~uE, A D~S'~,hCE OF 4~ CO FEET, ~EhCE LE&b'F,G -hE SAD ,',ESr _';: ', 3~ ..... T,.E>JCE S 76'58'39"E, A DSL;.',L'~ ~F ¢, Z5 T'~EqCE M89'¢1'37"E. ~ :,%TA~;CE Z= ':~ 54 :EDT, TO ¢~E S~D ~ST oNE; Tr-E",CE 5.OO"2T54'E., ALO%O *~E SA,3 E&ST ~INE, A D ET.~hCE CF 5%00 FE~, ~O THE POINT CC BEGINNING, CONTAINING 5,296 SQUARE FEET, MORE OR LESS. F GOLDEN GATE PARi<WAY IMPi~OVEMENfS Si<ETCll & DESCRIPTION OF; P~ZPZTV.~L NO~-~XCLUSIV~ ZIGIIT-OF-WAY, DRAINAGE AND L'~ILITY COLLIER COUNTY, FLORIDA Is',/ EXHIBIT mm., of/o EXHIBIT A TRACT 75 GOLDEN GATE ESTATES UNiT 30 $C'-SF-'"I SATE =:R;,:,.,'.s,y ('._ TRACT 91 _E:~'_ 2ESCR!oT:ON FOR PARCEL 754 A PCRTiCN CF TRACT ~2 OO_£E,', ,}':"L £S-,~TES, UNiT 3C AS ,RECORDED IN PLAT BOOK 7, PAGE 58 OF 2S'.'VENSE AT -NE SDu'-r:~AST S¢R~,Es S: SAiD TRACT 82; T~ENCE h.O0'27'54~.. ALONG THE ~ST LINE ~3~'~T CF BEO,Nt,fiNS ,--,, ;,~NCE S.89'31'57~.. A DISTANCE OF 524 FEET, TO THE T~ENC[ CONTINUE S.8731 57"A'. A ]:STA,';SE OF :9.75 FE~; THENCE N,00'28'27~., A 31ST~qcE OF 5.50 :RET; TdE.NCE ,N 89'3"DT'E., A 2,S-~NCE CF ~9.75 FE~; I~ENCE S,~"28'27"E., A DISTANCE OF 6,50 FE~ 'C T~E PD:NT OF ~EG~NN~NG CONTAINING 128 SQUARE FEET, ~JCRE DR ~ESS, "'; 1003 SKETCH & DESCRIPTION ONLY I GOLDEN CATE PARKWAy IMPROV~MEN"q CO~/ER COUNt, FLORIDA L ~'-~:~ :' I ~ I --0 2003 ~ARCELNO. 1''~'~'', PERPETUAL, NON-EXCLI.~ ']OAO R~HT-.OF-WAy, ~ .AND UTILITY EASEMENT EXHIBrr_ .. EXttlBIT A TRACT ~2 TRA~T 91 GOLDEN GATE ESTATES 'u;l,~ 30 Nu'rcER OR 17~6/974 TRACT 9B :r, ]ESCq~%C,N :OR ~ARCEL 155 5ESCR~BED AS z.3~3,',S. %E WEST L.,',;E CF ~,AD TRzC7 ~, : 2S~zr~CE fi: 5000 FEET, TO A 2CbT ON THE ;IC~Tr] 3ES r~'Er,CE CCNTI~*uE ';OO'27'~4'h, &~.]LG D~E SA0 ,VEST _,hE, A 3~STANCE OF 3300 FEET; TdENOE LEAVING THE S~iD ,'¢~ST _;~E, ', 8g'31 .~7 E,, q ]STANCE OF '05,CO FEET. TO fAST L;NE CF _A',g DESCRBED '; OFFC.AL RECORDS ~OOK 2675, PAGE 678 OF THE PUBLIC ~ECCRDS CF CULL:ER EOUb4TY, F.GRDA; T~E',CE S.C, 3'27'54'E., ~LG:*G %:E SAD EAST _'hE, A D;STANCE OF 35.00 FEET, TO A POIN~ Or,, TrIE SA,D ¢iORTM T~ENCE S 89'51'57" V,, A~ONG THE SAID qORTH LHE, A DtST~NCE OF 165,00 FE~, POINT OF CCNTAItqlNG ],455 SQUARE FEET, ktORE OR _ESS, SKETCH ~, DESCRIPTION ON,.Y ',UT .& BOUNDARY S,~RVEY :6,: ,~"' ;,~ R1GHT-0F-WAy, DRAINAGE AND UTILITY EASEMENT COLLIER COUNTY, FLORIDA P~tOa:)~4%l¢O¢ Fax :941) J49-?0~6 I I I TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCllON) EXHIBIT A P~ ~ of 2~ E.'(t tlBFr A -~CT ~2 E~CQN '[RAC 91 ]OLDEN GATE ESTATES bN~T 30 --PARCEL 755 TRACT 98 1 53' ,i -:...E$..~FT3'I FOR PARCEL 755 54ETCH & DESCRtPTO", O,',L CE'.:,:E':,ZE zT '-: £- -.,:'57 CCR:.£R 2F SAD r~.2. Cf ';"L;..'[ ', {C'2~'fi-' · ~'S T?5 hE~T _INE OF S~lD TRACT 91, A :~S:-L,CE S'~ ~J ;;ZE- -{ ~,CE ,Sg'31'37"E, A S.S~4NCE OF 19.58 -iL" ~b ' :E :l , ~: '~'EhCE '..0'5'28'Z~ ,', ; ' S-;'~CE OF 5.50 FEEL rmENCE N.89'51'57"E., A LB-A',CE DF 2' 4~ FEE-; ~ ,ZhCE S00'28'25"E, A DS~ANCE OF 650 -~E';CE S B9'3' ~",', * LSTz'iCE CF 21 4g ZEET TO THE FOINT OF 2S',-~?~h'S '40 :g~:~L :ES-, ',tORE 3R LESS RES~ON ~E~ (~TI~: 3 Y~8 FR~ GOLDEN GATE PARKWAY I}iPROVEM'ENTS SKETCH & DESCRIPTION PARCEL 755 COLLIER COUNTY, FLOI~iDA '-26-62 ~EC ,33 t 55,<755 ~ OF ; ] AN 2003 PERPETUAL, NON-EXC/.~ ROAD RIGHT-OF-WAY, DRAIN/I~ AND UTILITY EASEMENT EXItlBI 1 A EXHIBIT P~9~_~ of OR 2625/'212 ~RACT 91 -t -RACT 82 FRACT 98 .E,BAL SESCR:PUON F;3R PARCE~ ~56 T~E',CE CONThvE hbTZT'S4'",', , :_ChG THE SA~D ,vEST l;,~, A 3STANCE OF 35.00 FE~; T~ENCE ~EAViHG T;tE S:,D ;',EST LLE, ;, B~'31'~7'E. A ~,ST:NCE 0F 7500 FE~, T0 THE EAST L,NE OF SA~O TmENCE S.OD'27'~4'E, :L~NG Tr'E S4,3 E~ST ~,E. A D~ST~NCE CF 33.D0 FE~, T0 A POINT 0N ThE SAiD t~ORTH LINE; T:!ENCE S 89'5~'37"',?., A~CNG THE SAiD hORTH ~'NE, A DISTANCE OF 7500 FE~, TO THE POINT OF BEGINNING; CONTAINING 2,475 SC4.ARE FEET, ',!,3RE CR LESS. ..... SKETCH & 3'ESCR?'ON :3NLY ~OT A BOb~DAR~ SURVEY 5CALS FCR: COLLIER C2bNTY ']C.'E~h'JE,..T 3,3ARD 2F ]Ob.~ C3'e.,:SSC%ERS GOLDEN GATE PARKWAY [},IPROV~,~IEN'FS Si{ETCII& DESCRIPTION OF: I~EI~PETt.',,L, COLLIER COL'NTY, FLORIDA PARCEL. PERPETUAL, NON-EXCt. U~/VE ROAD RIGHT-OF-V~y, ORAINAOE AND UTIUTY EASE~ EXHIBIT_.z EXHIBIT A ~u~E~ ~/////////GOLDEN CATE PARKWAY (OR 886) j 5~' j ,~ ~~iz' ~1 >~R~UAL, NCN-EXCLbSVEJ ROAD R,GHT-OF-WAY. DRAINAGE AND UT L!,~K EASEME~IT PARCEL 157A j GOLDEN GATE ESTATES g~iT 30 I TRACT 97 .E3Au C, ESCR:PT:CN FCR PARCEL 157A 2F A RO,~DWA¥ E. ASEVE",~' ('00' ,',~DE) AS :ER SAiD OLAT; T'4E~;CE ~EA',.hG 'e£ EAST ~NE OF "'FIE S.k~ WEST '8000 ;EET, {1491 FEET ALONG TIdE ARC OF A CONTAINING 5.¢22 SQUARE FE~-I'. MORE OR LESS SKETCN & D£SCRiPT~ON ',OT A BOUNDARY SURVEY sc~ FOR: :CL~:~R :Od~ GOYER',t'ENF 9CARD OF CCL~,T~ CC'?,:,SS:CNERS SKETCH & DESCRIPTION CF: PERPETUAL, NON-EXCLUSIVE ROAD RIGIIT-OF-WAy, DRAINAGE AND UTILITY EASEMENT COLLIER COUNTY FLORIDA PERPETUAL, NON-EXCLUSIVE DRAINAGE AND UTILITY EASEMENT EXHIBIT_ EXHIBIT A __t C, OLDE,~ (.;ATE PARKWAY (CR 886) TRA(~T 92 GOLDF_N GATE ESTATES uNIT 30 TRACT 97 %D3 FOR PARCEL 857 7 ~l. SE 58 Cf '~E s_5-C -:~S~DS ,.;F 22~_ER SO~N~, FLORIDA S~TUATE h SECTC'I 29, TC,VNS:':s ~5 ~ .Y~ qAh(;E 28 EAST, C3.L.~ CC'J:*~, FLORIDA 8ENG COLP,IEi;CE AT TdE :',"2~-""',SS~ 3CR';ER OF SAD -RACT 92; THENCE S OD'27'30"E, A,_O;,,S ~E ,',EST LhE Q/ S:.D 'RA,CT 92, & D~ST!.:,'CE OF ~9.82 FEET; THENCE 'i.dg'32'3O"E., A 5ST~:,CE DF 50 3G FEET TO T--E $OiNT OF BEGINNING. T~,ENCE N54'OS'!3"E, i C STA/,,CE C: ~1 08 FEr~; T:~ENCE SCO'27'30'E, Ef';'] ii. CO FEET EASTERLY OF ;hD PARALLEL TO SAiD WEST ~,:iE SF ~RACT 92, ~ CS'F;'.CZ SF ~5424 FEET; TmENCE S 89'32'30"W,, A 2S~A:,,CE OF 1000 FEET; TcEdCE N00'27'30"~- ~E¢,O 3000 EASTERLY OF AND PARALLEL TO SAID WEST LiNE TRACT 92, A DSTANCE OF 5~0.1~ FEET ~0 THE POINT OF BEGINNING. CONTAINING 3.626 SQUARE FEET. '.lORE CR LESS. SKETCH & ]ESCRPLON ONLY .... NOT A BOU'J.OARv SUR/E'f Sr.,L; i:c: GOLDEN GATE PARKWAY iMPROVEMENTS SKETCH & DESCRIPTION OF: A 10 ;/IDE DE. &: U.E PARCEL 557 COLLIER COUNTY, FLOP, iDA .OB :iUI.~BE~ SC;A~E ',SEx r,O c LE ~iAI,!E SHEET 0O!5SKBSY t OF ! PERPETUAL, I'~CCUSIVE ROAD RIGHT..OF-V~Ay, ORAINAGE AND UT1UTY EASEMENT EXHIBIT Pag~ fi; of EXHIBIT A nERPETUAL, NON-EXCLUSIVE ROAD R~GNT-OF-WAY, DRAINAGE , ANO UT!LITY EASEMENT ~ARCEL 157B 6.270 sq. ~t TRACT 92 GOLDEN GATE ESTATES Uq,T 30 'RACT 97 L~-~,_ 2[SCRiPTON FOR P~RCEL 1578 x :;3RCCN OF- T'~ZCT 32 SS'.3EH )~7E EET~T[S ~'~T 20 AS RECCRCED % ~T BOOK 7 :AGE 58 OF T~E PUBL;C ~CCRCS CF SG._ER 3G,¢¢,~, :_.7~Za : '.k-E ', SECTC'~ 2g, TS',',NSmp ~9 SOdTH, ~A~GE 25 EAST, CCL~ER ' 'E ~E? "4g,%3 A RAD~S 292~ 30 ;[E' '~RC;.G~ A CENTRAL 4,%GL[ OF 02'58'58" AND BE:NO SubTENDED BY A ~:~,O ZESCqBED h CFFCIAL RECDRDS 3,3C~ 2~43, PAO[ ~236 CF TeE PUBUC RECORDS OF COLL,ER COdN~, ~E~JCE N 59'3~'37'E. , ~ONG T~E S4~D SDJ-H ~,NE, A D~STANCE OF !50.~7 FE~, TO THE POINT OF BEGINNING. SKETCH & DESCRIPTON OF- PERPETUAL "CX~ EXCel'gIVE ROAD ~.~i//I ;IGHT-OF-WAy, DRAINAGE AND UTIL:TY PARCEL 157B [ E~B ~,uktBE~ RE'.'~S;ON SEC- 5~ ~C V',S.d P ;;"3E q-~ E ~"E nR .... PERPETUAL, NON-EXCLUSIVE ROAD RI43HT-OF-V~y, DRA/NAGE AND UTILITY EASEMENT EXHIBIT_.. _ L~,_'HIBI" A ;~JqNICANDRO, dA ~ACON OR 2625/212 TRACT 91 GOLDEN GATE E~ UNIT 30 "~,TES 58 TRACT 82 PERPETUAL, NON-EXCLUSNE ROAD RiGHT-OF-WAY, DRA;NAGE-~ > TRACT 9B A; El uTLITY EASEMEhT PARCEL i GCLDEIt GATE ~xR~,VAY :C~ 586) <Z .~ :3-_-,3~.r. ./ ' _£3,.;L 5ESCR!PT~C'i', FOR PARSEL 58 )z ~'E P3_:C RECSqS5 3: '.?7~_;{R ZS..~,~~, 7~CRDA S;T~ATE rh SEC"'Oq 29, TO,N'F;ShiP 49 SS~Tn. ~A;,GE E6 EAST, CCL_CR 37..',7< CL}RDA ~E?~G ,'ORE PARTCULAR~* DESCRIBED AS 3C?,'EhCE q~ -~E S3~;T~.,'¢~ST 3Cq',ER CF S~O -TACT 91; T~E'.;CE ';59'3t'3T'E, ALO&G SSuTh LhE CF SA[) T~AS- g', z 3S~:r,gE C: '~QOO FEE', -0 T~E ',*,EST Lr:E OF ~ND LESCRBED '~ C-7C;;~ ;~ECORCS 3CCK '766, ~z,3E 374 3~ -HE ~8-;C RECORDS OF COLLIER SGbh~r, ;.3R2,:; -"E'.CE :,3G"27 ~ 4, &_; ,O Ti-E SA~D ,'~ES- ~;hE, A DISTANCE CF 5000 FEET, TO ,~ ~O',T C'~ THE ',OR~d Li'iE OF A RO~C',','A( EASEMENT (100' wiDE) AS PER SAiD P~T AND ~E~NG Tree PC hT D'- ~EG:q;. '=ENCE CCtiT~hcE ~ ~C2754','1, ZLDhG T'"E SA, D ,VEST LNE, A D STANCE OF 33.00 FE~; -~E';CE _Dk',:::.: '~E SAD ,',bST ~,r,E, :l 89'3!'?"E., A O,SrANCE OF 150 24 FE~, TO F~E _P,E C; S,~D CFFtC;AL 4ECOqDS Tr~EUCE ~ 30'27'SB"E. A~ONG -HE Sz,D EAST LINE, A DISTANCE OF 3&00 =EET, TO A POINT ON T~E SA~D hORTH LNE; THENCE S.89'31'37"N., ALONG ThE SAID HORTH LNE, A O;STANCE OF '50.24 FEET, TO THE POINT CONTAIN,NO 4,95~ SQUARE FEET. DESCRIPTiOq ONLY ~_m BCunDARY SURVEY COUN'Y GCvER"4L1E'J 5OzRD ,OF Z~t",i",' 33,.rhSShSNERS GOLDEN GATEPAR!(WAY IMPROVEMENTS SI(ETCH A DESCRIPTION 3Fa P2RPETUAL, NON-EXCLU~IVE ' RIGiIT-OF-WAY, DRAINAGE AND U/ILIT'~ EASEMENT D~0~o:trttHOZS~SHO~DaI~E, SU~TE~70 Is AP, C EL 158 ;i ',e~ ES. FLORIDA 14 I0~ COLLIER COUNTY, FLORIDA .C8 'J,.'~,ISER RE',qSON SECTIOH rD',',S~'P R;~i~Z ~C;zE 3z=E DR:,'~N BY F,LE qA~4E SHEET :,-30,5 '' : 29 ~:' ~ l)=~O 9-25-02 *ED :O', 5Sx:58[ ; 3F PARCEL PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE ANO UTILITY EASEMENT EXHIBIT ~SELNF OF SURV[¥ -- : , ', ...... ROAD ~ TRACT 92 GOLDEN GATE ESTATES F'~AT COOK 7 ~AG£ 5,~ I ~ , '. iESSR,PT'.O,', ;eR PARCEL !59 7xEWCE 5J0'27 58"E z_S..; -..c E; £ c-\5' ,_,NE, A CSTANCE OF 58.70 FE~, TO A POINT CF ~:-E,'~CE LE~,iNG T~E S-: 3 (iS7 ~.:,E '13 56 FEET ALONG THE ARC 0F A NON-TANGENTL&L 7~E.CE 9 97 :E~ AL:',,3 T-*~ :q2 3F ~ TZhSEN-IAL C;RCU¢ CURVE TO THE L[~ PAVING A R:D dS OF 292800 :EET 7HRS~3~ A C{r,TRAL AhSLE OF 0'11'42" ~D BEING SbBTENDE0 BY A CHORD aN~CH 8~R5 H 54'J3 3' '.V, ~ D;STANCE OF 9.g7 FEET, TO THE ~D WEST LINE; CCH'rAtN.NG 5,456 SQUA,~E c:-ET 'tORE C'R ~ESS. S'<E~CFI & DESCRIPTION CNLY HOT A 3OLNDARV SURVEY PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAC-,-,-~ ANO UTIUTY EASEMENT EXHIBIT... -. F, XHI P, FT A -RACf 98 3CLDEh GATE ESTATES UNiT 33 ~r 4~-'i~ E TRACT 111 TRACT 91 =ERPETL, A_ 'iS!~-EXCLUSIVE q AC'AD ;~ S~--,I'F-,',A¢ CRAb, AGE % ' -b'=~EL 153 ~ ~ --:' ; 3G_LEN GATE PARK¢¢AY ('CR 585) TRACT 112 2., ..', ,* _21 SAiD -qACT gB, A ~IS~AhgE _Z .;:) :TS-. ~3 A =C',T '2:', ThE ',ORiH =,NE OF A ROADWAv EASE~ENT (100' ,'~ZE) AS ~ER SA~D P~' ,z..D 7E"~G '~c ~C' r OF 5EO,"t'.th3; -~,ENCE CONZhUE h.CO'2T58"',~...:._;~,G *cE 3.&~3 WEST L..~E, a 3ST~NCE OF 33.00 ~'qEt,CE L~',',NG 'PS S~C ,',ES' _:::, :.~b'51 5T'E.. A 35'~%CE OF '49.77 FEET, TO ZESCRIBED N O¢:CAL 7ECORDS 5?ZK Z55g, F~GE 65 G¢ 'HE PuB=lC RECORDS OF CC~L,ER COUNt, FLORIDA; -,~EhCE S.O0'2T58"E, :~t)t,O ~E SAD E~S'r ~¢IE, A 3ST~KDE OF 5300 ~EET, TO THE SA, D NORTH bNE; -mENCE S.89'51'37"W., 4_3,';G ThE S~O ',GTT~ L,NE, A 31STA"~CE OF 14977 FEET, TO T~E PONt OF BES,NNING; CONTAINING 4,943 SQUARE FEET, :>ORE OR _ESS, SKETCH ~ DESCRIPT;ON 3h_f 'lOT A BOUNDARY SURVEY N RIGI1T-OF- 'AY ' . ,'. - COLL ER COUNTY, FLORIDA EXCLUSIVE ANCHOR EASEMENT EXHIBIT EXHIBIT A __ ~30 (PLAT) TRAC't 98 GOLDEN GA_T~ ESTATES UNFF 30 ~LAT ~OOK I PAGE 5~ TRACT 91 10' WID~ ANCHOR--~ I ;r~ TRACT 111 cASEMENT ~ ~ PARCEL 960 \ : [ IV GOLDEN GATE PARKWAY (CR 888)~ ; ~ ---3-~L 2ES?R,PT!ON FOR PARCEL 950 A =DRTON CF -:~ACT 95 $O.3E'.~ CATE ESTATES, UNiT 3C AS RECORDED ,N PLAT BOOK 7, ~AGE 58 CF ~E ~:..rg_C ~ECCRDS DF CG.L;ER COb?~, :LOR'DA S'TLATE :N SECT;ON 29, ~3,','45H~ 49 SCU-H. RANGE 26 E~SF, C?':L, ER COUNt, ~LCR1CA BEING MORE ;DM,~?~CE ~T T:~E S'3UTh'¢,EST S3'RNER ;iF S4~E 7~CT 98; T;-~ENCE ~.39'3"37"E., ALO~G T.hE SOUT~ ~:~;E 3; SAD -~AST $8, A DISTANCE CF ~49.7~ FE~' TO T~E E~ST L~NE CF ~HD DESCR[BED N OF?lC'AL RECORDS BOOK 2639, ~AGE 55 OF -~E =UDL;C RECCRDS CF COLL]ER CCUh~, ;LCR:DA, T9E~4CE ,, DO'27'58"W., ALONG T,qE SAiD EAST L~NE, A D~STANCE DF ~300, TC ThE PD~NT OF {EG:,~NING; TmENCE L~ViNG THE SA~O f~T L:NE, S.89'3]'57'W., A D~STANCE OF ]0.O0 FE~; THENCE N.D0'27'gB"W., A DST~qCE OF ~0.00 ~ 89~, ~7 .... A D:STANCE OF ;0.00 FE~, TO THE SAiD ~T TdENCE S 30'27'SB"E., ALONG Tk6 S4,C EAST L:NE, A D!ST~CE OF ]000 FE~, r0 THE ~'JiNT OF BEGINNING; 33NTAiNING 100 SQUARE FEET, ~IORE OR LESS. GOLDEN GATE PAR~:VfAy IMPROVEMENTS SKETCH & DESCRIPTION OF: A 10~ '4'IDE ANCHOR EASEMENT PARCEL 9~0 CO~IER COUNTY, FLOR1DA JOB NUMBER PERPETUAL NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UT1UTY EASEMENT EXHIBIT GOLDEN GATE PARKWAY (CR 866) - PERP~UA~, NON-EXCLUSiVE = ~ ROA~ R;GHT~OF-WAY, DRAINAGE AND bT:U'~' EASEMENT ~ARCEL [61 ~RACT 97 OCLDEN GATE I.J NIT 30 TRACT 92 TRACT ~RACT ! ! 4 SS,c-w, RA~;CE 25 EAST, C:; _ ;~ }:.. ¢ -LSR DA GE,NS ?ORE p:RTiCU~,RLY DESSR BED AS FS.LO,',S CCLIVEhCE AT ~HE ",0R-:~,,'%ST iZ;',E~ ]F SzD TRACT 97; T-'E:4CE haB'31'37"E, ALO~,O ThE :,CRT~ L~4E OF SAD -RAg- 37 '. : S'V,C{ C: t2C.'25 :SET, -3 Tree ,'/EST -.:,E CF _AHD ZSJNTY, FLORIDA; =~E~;CE ~33'2'~5': -LOt,G ~m{ S.:.',3 /;EST :hE, A ?.S~ALCE OF SC.G0 FEE-, 'O A POINT ON '~E ZG,~rr, _ ,E 3- q >CAD,'/A'F EASEME%T ';30' ,'~iCE) AS ~ER SAiD P~T T~ENCE '. 5F3t'37'E, zuO:.r3 ~=~Z ~:,0 EO~/h L;HE, : 2 ST,>iCE OF 10505 FEET. T3 =HE &AST L;iE CF SA;D OF:iC',AL REC:3(CS T-ENCE S00'27'SB"E, &LO;.G L:E SAD EAST Lb, E. A 3:ST:'ICE OF 64.15 FEET: ~¢EhCE L~A'/,NG '-~'E SA,D EA5r _ ,E. ',C, 2 20 FEET AL0hG Tree ARC OF A NON-FANGEXJiAL 3;RCbLAR CJRVE -O TNE ~ ; T -~.h3 g R~D;u$ OF }072.00 FE~ TNROUGN A CENTRAL ANGLE OF !'5T43" A:4D BE,'sO '05 ~9 FEET, 70 -HE SAiD TmEhCE N 00'2T58"W, BEGiNNiNG. A ,DHZRD ',~d!CH B-~ARS NE7'30'lS'W,, A DISTANCE OF ,','ESr LNE, A D~STAhCE OF 58,70 ~EET, TO THE POINt OF CONTA!fNING 5,485 SQUARE :'EEL *,lORE OR ,_ESS. SKETCH & 3ESCR?T~Ch hOT A BO.:'~OARY SURVEv GOLDEN GA'rE PARKWAY I~IPROVEMENTS I SKETCH &: DESCRIPT,'ON OF: PERPETUAL, >,L~N-B,'fCLUSIVE P. OAD I RIGHT-OF-WAY, DRAINAGE AND UTILITY E,~SEMENT I PA2CEL 161 I ,JOLLIER COUNTY, FLORIDA _,OB ~;~.~8ER~ qE,'SCN SE.S~ON PARCEL NO. / ~' ~ PERI~I.IAL NON'EXCLUSIVE ROAD RIGHT-OF.V~I~y, ORA/Nell, GE AND l/Till'p/EASEMENT EXHIBIT Pag of ~XHIBIT A OR 2539/65 OR 1408/120.5 TRACT TRACT 98 30,_0EN GATE ESTATES iq ,..,NIT 30 Fa aoox 7 P~.oE = ERPE,"UAL, NON-EXCLdS;VE ROAD R G~T-OF-¢,'AY ORAfNAGE ,'-ND dT:L,TY EASEN~ENT PARCEL :52 ~ . . . . , ~;,,..~,~ ./~ =l. _£:--_ ]£S,£:;:;-"!0'4 =OR RARCEL 52 -~Z ?'c3_3 ~ECORS'S CF 3C L ~R _ :.','r :. ?3A S T:~A'E ;;~ SEC; C~; 29, T3¢¢NSH~P 49 SOUTH, '~&';'3E 25 EAST, 3D~LER 33¢ ,-T : :ES: 3E?'iG V,3~E P.&~TC~R_~ 3ESCR,3ED AS FOLLOWS. 3SM'."ENCE .AT -~.~ SOLT~E~SF :3 ~ .CA 7: ~D TRACT 95; T~EhCE '~3C'28'03'"N, ALC~;G - ,E OF ?-:3 T~=Z~ =~, ~ J S-z'.LE Cz J;CO FEET. T3 A =OIS;T ON THE NORTH LhE OF A ROADWAY L~SEL',E'~7 (i30' ',;LE} ;S PE~ S: ] :=z,: ~hD SE,NO -ME PONT OF ~EGINN~NG; %'(;,SE S 89'}"'37',V., z-C'~O ~ME S~] ".2~'h -J¢;E, A 3~STANCE 0¢ 180.46 FEET, TO THE NEST LiNE 3- _A,'O ]ESCRSED ~l OFF~;~A~ :~ECS~ES 300K '408, PAGE ~235 OF THE PUBLC RECORDS OF ZD~_ER CSt;NT(, :_]R]~; ';=Eh,gE :, 00'27'58%'¢, a_O'.G 7-E C;:] /,EST _hE, 4 ]STANCE OF 35,00 FEET, ~>Er,CE LE~V,',G Tree SAD WEST '_:;E, , ~D'51'57"E. A DiSf~;ACE 0F ~80.46 FE~, ~0 THE SAID EAST 7**EX, CES 00'28'05"E, ALONG 'dE EAID EAST J;~E, A O,STAhCE 0F 55.00 FEET, TO THE POINt OF 8EQINNING; CONTAtNtfNG 5,955 SQUARE FEET, MORE O~ LESS. SKETCH .~ DESCR:PT;ON OH_r SCAL,~ NOT A BQUHg~Y SURVEY GOLDEN GATE PARKIYAY ISIPROVEME:iTS SKETCH & DESCRIPTION OF: PERPE'I'[AL, ~0~-EXC/US[VE ROAD RIGItT-OF-~YAY, DRAINAGE AND U'?ILIFY EASESIENT PARCEL 162 COLLIER TOUNTY, El.dF. iDA O'-CC~5 :~ 2 25 ~ 25 ~'] ~' 5-27-02 ~E,3 JAN 2003 TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURATION: 3 YEAR8 FROM COMMENCEMENT OF CONSTRUCTION) EXHIBIT A aao TEMPORARY DElVE'WAY RESTORATION F...ASEMENT (DURATION: ;~ YEAR8 FROM COMMENCEMENT OF C.,ON~'TRU{ITION) ' TRACT 98 GOLDEN GATE ESTATES ~NIT 50 TRACT 2ARCEL 752 EXHIBIT A TRACT 111 TRACT 1 ~2 _EG,~_ LE_CR. r:Ol FOF~ i~mRCEL 762 "~E%CE C.C,;,FNOE S 89'3:'57"',¥, A DiETA',CE OF 2200 FEET; THENCE ';.C3'25'23":'I, A D;S-AF;CE OF ? 00 FEET, -hENCE ",.89'31'37"E., A 3:STA;;CE O? 22.00 FEET. ThE,"~CE SGO'23'EG"E., A DISTANCE OF 7 00 FEET TO :;!E .~O:NT OF 5ESff,lf~:hC, SQUARE FEET. MORE ,DR ~ESS SKETCH g: DESCRIPTIOtq 3,'iLTM ',~OT A ~OUNDARY SJRVE'f GOLDEN GAtE PARKWAY IMPROVEMENi'S SKETCH & DESCRIPTION PARCEL 762 COLLIER COUNTY, FLOF:IDA AC,' PARCEL NO.~ PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-V~y, ORAINAGE ANO UTILITY EASEMENT EXHIBIT % GOLDEN GATE PARKWAY (CR 8B6) * i,~t' .1 i s:,0'2a'¢3'E ~3:3 E -~ACT 92 AND oT;L=TY EASEMENT PARCEL 16~ GOLDEN GATE ESTATES UN:T 30 W- E TRACT 115 ~5 g: -'E ~_BL.3 slLC'Z < il", ~_72~ S;T_,ZTE iN SECTCh 29, ~Q?,'LSm',P 49 Si_' :, ~:'.GE 20 DIS-, :- ' ~;2A ~E'G '.!ORE ~Z. RT;C~Rjf CESCR,BED AS c] _SaS -'":vEhCE ~T '-~ :;C~ ~E:S- '_:-; -' E$D 7~7 97; THENCE S.30'28'03"E, ALONG THE ZzSF ',E l~ S~:3 -;:Si ~- - : . :...: ZGSO Df-, TO z FOhl :Dh T~E SOdTd t;hE DF A .q]AC¢,.i, izS~VEN- ('C0' AiD -3 'i~ 5-3 F_~T its Bf%O 7,'~E PONT OF -'~E',~E C];,FNO~ S 13'2~'12 ~ - . ¢ - E Sz]' {z~T L;NE, a 3SI'ZNCE OF 55DO :EDT, ~O a z3 'i~ OF T-,ENCE L~&~ NG ~-E SA, D EzST ,i. '~529 FEET ZL.C',G TdE &RC CF A hOH-T4NGENT:AL ,] iCULAR 3LR',E ~O T':E ~ 3-- ; ~3~S OF 337200 FEET THROUOd A CENTRAL &NGLE Cz "57'~6" AND 5E:hS 5~5-E' ~22 d' - Z, SRO ,','~'N~ 3~RS '~89'27'55"V¢, .... ~ CFFCAL RECORDS BOO< 225~, PAGE T-E',~CE '* 3'3'27'55'"¢A, ;L3'.3 --E ~z 3 .',EST =;>~E, A 2' S-M,CE CF 64.15 FE~, TO THE SAID ;-'EhCE ' 59'3127'i. ~L3hG -"E ~:2 i3:~fH 2NE, a 3STANCE OF ~0506 FEET, TO TdE POINT CO>JAININO 5,859 SQUARE :EDT, .' L~E Cq -ESS. SKE'CP ~: 3ESC21PT:CN CNtt hOT A 5CJNOAR¥ S~R',/Ev sc,;].z ;=.~o i GOLDEN GA'rE P.%RIOYAY i?,IPROVEMENTS I -~KE'[CH & DESCRI!-TiON OF: PEP. PEI'UAL N,;N-EXCLUSIVE I~0AD ~~' RIGIIP-OF-WAY, DRAINAGE AND UTILITY z.*~.-,~ f COLLIER COUNTY, FLORIDA LB N; ~tSl 31-0OI5' ' 2 2~ ;9 15 = 50' 9-27-02 ~EC ,23~5SK]63 1 OF ~ PERPETUAL. NON-EXCLUSiVE ROAD RIGHT-OFJC4AY, OR-~JNAGE ANO UTIUTY EASEMENT EXHIBIT._J _ Ping. of_LO_ EXHIBIT A $CHIEBEL OR 2254/55 TRACT GOLDEN GATE ESTATES NON c. XC~_u ~IVE PARCEL 165 TRACT 29 ~/ ~F-~ TRACT 30 GOLDEN CATE ESTATES UNIT 29 _CC, AL 2ESCR~PTiON FOR PARCEL ~'. ROR~ON CF TRACT ' ];2_5(t', ,;A'E [STALES, ~N~T 2g ~S RECORDED N PL~' BOOK 7, ~AGE 57 OF ~, ' 7.C~gA ~Ei'~G MORE ~ARTICU~RLY DESCRBED AS FOLLOWS. :;,zNOE 25 EAST, , ..... :R 33vME'~CE A* T~E :~3RT/EAS* 2C.~.ER 3¢ SA, 3 TRAC* ~; '~EHCE 5.30'2T51 'E,, ALONG ~HE EAST CF SAC TRACT l, a DiSTAl;CE CF 221~i FEET; T~E~iCE .EA'/~G Tree SAiD EAST LINE, sflg'32'Og"W , A CST$~CE OF 30 CO ~EEr, *O A :S,N~ Oh T~E fiEST L,NE Or A ROADWAY EASEMENT (50' WIDE) AS FER SAD P~T AND BENG -E ~O',,T CF =~E>,CE S.D0'27"5*"E., ALONG rFE SAiD ,',EST LNE, A DSTANCE OF !28.48 FEET, fO A PONT ON ThE ~R, ,~= EASEMENT AS PER SA:D NORTH LNE OF ('60' W:DE} . ~, ,r- , ~ENCE S 89'37':4"¢¢., A.O:';O -HE SAC NORTH LNE, A 3STANCE OF 25.00 FE~; T~ENCE LEAV',NG 'HE SAD >,ORT~ L:NE, ~00'27'5~"W., A D;STANCE OF !17.44 FE~; T~ENCE N 65'47'~I"E, A 3,STAXCE 0F 2731 FEE~, TO T~E PO,NT OF BEGINNING; CONTAiNiNG 3,074 SQUARE FEET, MORE OR LESS· SKETCH & 3ESCR PIION ONLY ~,%~ o c~'¢,.~ ~"~oF~ss,o,~*~ su,~.[ OR ~ ~.[~ SKETCH ~ DESCRiPTiON OF: PERPETUAL NON-EXCLUSIVE ROAD s~¢~ RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT PARCEL 166 NAPL~, F~RIDA 3'1~ COLLIER COUNTY, FLORIDA ~ LBNo.:6951 51-C3~5 11 I 2 }3 4g 25 '"= ~3 iJ~O~-02 ~C OOISSK !Eft I ,}F 1 PERPETUAL. NON-EXCLUSIVE ROAD RIGHT-OF-WAy, DRAINAGE ANO UT1UTY EASEMENT EXHIBIT Page 1~_/_ of ~RACT 2 TRACT 1 GOLDEN GATE ESTATES dN~T 29 EXHIB'IT i ll~CT 30 OR 1172/155 ~', .., TRACT 30 ERPETUAL NON-EXCLUSiVE ,,~/"', /~/N~; ROAD RIGHT"OF-WAY, DRAINAGE x/,~ AND UTILITY EASEUENT i ~'"/~ q/~): PARCEL I67 ~,21~. TRACT 29 L -£GAL 3ESCR:PTJCN FOR PARCEL 167 ~. ~;3RTiCN OF TRA3TM 3C 3CL2EN GATE ES~A'ES, .~;,T 29 AS RECORDED N PLAT BOOK 7 PAGE 57 OF THE c~S-C ~ECORDS CF CCLL'.ER ,DC~',~Y. :_3q;DA S'TUATE 'N SEC'ON ]0, TC//NSh:P 49 SO~T~. ~ANGE 26 CCXIMEhCE AT 7~ NORTHWEST 2CRL~R OF $~,D TRACT ~O; T~ENCE S.OO'2T5~"E, ALONG FME ~EST LNE S~ D ~RACT ~C, Z O S-At~CE O: 225 6" FEET; ~E,NCE -EAV;NO THE SA*O WEST uNE, ~89'32'C9"E.. A 2~SZANCE OF ~0 O0 FEET, TO A PO',T ON ThE EAST ~NE OF A RCADWAY EASEMENT (80' CLYDE) ~ PER 'HENCE LEAVNC T~E SAD EAST ' NE, S 55'42'52'E. A C:$TANCE OF 2731 FEET; -~ENCE 500'27'5 "E, A DISTANCE OF 1!7 61 FEET. TO A PO,NT ON THE ,NORTH L,NE OF A (160' DRAINAGE EASEMENT AS PER SAID 'dENCE S 89'37'14"W, AgCNG -HE SAID NORTH LNE, A D:STANCE OF 25.00 FE~, TO THE S~D ~T LINE; -dE,CE N00'27'5 "W., ALONG T~E SA.D EAST LINE, A DISTANCE OF 128.57 FEET, 'O TNE POINT OF BEG NNINO; CONTAiN',NG 3,077 SQUARE FEET, MORE OR LESS. S~£TC.~ & 5£SCRiPTJON ONLY hOT A BOUNDARY SURVEY SKETCH & DESCRIPTION OF: PERPETUAL, NON-EXCLUSIVE ROAD GOLDEN GATE PARKWAY [MPR]VEMENTS RIGHT-OF-WAy, DRAINAGE AND UTILITY EASE)AENT PARCEL COLLIER COUNTY, FLOR[DA ~OB NUUBE~ O!-0015.1 I 1"= 80' pARCEL NO. ~._~. PERPETUAL NON-EXCLUSIVE ROAD RIGHT.OF.V~AY, ORAINAGE ANO UTIUTY EASEMENT EXHIBIT A Pag~_LO.~ of._LO...~ I EX~IBI~ TRACT 32 I GOLOST[IN , '.~ ~s~g'~r*~J TRACT 3 GOLDEN GATE ~TATES UNIT 29 AND bTiLJ~ EASEMENT ~ARCEL 168 ~EG~ CESCRPTICN FOR PARCEL 168 TRACT 59 NO. 273100 LOT 1 EDGEWATER ACRES LOT 2 ~ =ORTECN OF TRACT 31 SCLDEL 3~'-E ES*ATES, J~T 29 AS RECORDED :N PLAT BOOK 7, PAGE 57 O; TiE ~BLC RECORDS O¢ CULLER SCUt,?~ :_]~SA 5:~jATE ;% SECT;ON 30, TOWNSHIP 49 SOUT~. RANOE 25 EAST. COLL;ER COUNt, ~LC~;DA 3E'.3 '.'CAE 9A~TCU~R~Y DESCR:BEO AS FOLLOWS, ':O'JMENCE AT T~E NORTHERST ]CR'.E7 ];: SA:O TRACT 31; THENCE 5.30'27'55'E,, A~CNG TIE EAST L~NE OF SA;0 TRACT 3'. A O~STA~CE OF 22' '' :EE': T*iENCE ~E&VtMS T~E SAiD EAST ONE, S 89'32'05"W., A ~[STANC[ 0; 3030 FEET, ~O A PO'bT CN ~E ,',EST _r,E OF A RCADWAY EASEMENT (50' W DE) AS ~ER SA, D PLAT AND 'HENCE 500'27'55"E, ALONG 7HE 5z:3 NEST LINE, A DISTANCE OF 133.64 FEET, TO A POINT ON THE NORTH L,'~E 0F A ('60' WOE) D~NAGE E;SE',tE'~ ~S =ER SA~D PLAT; 'qENCE 589'37'14"W. ALCf,O T'~[ SA0 %OR~H LtNE. A DISTANCE OF 25.00 FEET; THENCE ~V~NG TPE SAI~ NORT~ _'.E, ;; 0C'27'55"W, ~ DISTANCE OF ~14.60 FE~; :HENCE N52'~7'55'E. A D~STANCE OF 3~ 40 FEET, TO THE POINT OF BEGINNING; CONTAINING 3,103 SQUARE FEET, ~,!CRE OR LESS. SKETCH & DESCRIPTION ONLY ~C.SE. 0 c.,,,~c~. ~.Or[SS,O.^L su~£'rO · ~.[~ SKETCH & DESCRIPTION OF: PERPETUAL, NON-EXCLUSIVE ROAD I ~s~;¢20~ RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT Il };~oko~ruuoas~HoEoar,'~su~u COLLIER COUNTY, FLOR[DA ] tawo:~s~ :)ARCEL NO. l ~, ~' PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE ANO UTILrPf EA,~ EXHIBIT Page/d3 of loft TRACT 32 3CLDST[]N CR 7578/2192 TRACT 51 GOLDEN GATE ESTATES dN,T 29 TA TRACT 59 TRACT A STRAP hO, 273100 ~ =. i /"-1 ~F? D':,.. LoT , LoT 2 r, ./ . ~X,~:~ EDGE'WATER ACRES ~,"/ /~ ~ ~L.AT PERPETUAL, NON-EXCL~S VE ' ~< XI~ P4RCEL _( ,, ,, _E3~ ;£S;:(.CT3~, FOR PARCEL !69 .:, ;CRTOt., OF LDT ' E]C,E,',,~ Eq :~k'ES ~S qECCRDED N R:AT ~OOK 25 PAGE ~ OF T~E ~U~LiC EPS-, C3_.',ER r--. ~ FL,jRD~ GE'.J ','2;E ~-CULARLY )ESCR~SED AS FD:LO,',S 2'3M~ENCE AT '~[ ',CR-~',','EST SZ~'.E~ i: S~:D LOT I: T~ENCE S'2J'27'55"E. ~LONG THE _r,E CF SAD _0- '. ~ 2:ST~:'.CE :F ';; :: FEET: THE~CE ~EA', hO ~E SA,D ¢¢EST ~S RECORCED "~ P_AI BOO< 7 s:SE 5: CF 'hE ~LBJC ~ECORDS OF COLL,ER CG~N~. FLOR:DA T~E~CE -EAV"iS ThE S&~D EAST LNE ~ 53';34~"E, ~ 3"STANGE OF 31.40 FEET; T-ENCE 5.CO'27'ES'E, A Z, STZ',ZE CF '477 ;EET, -C A ~CNT CN TME NORTH LJ~E CF A (160' ',:DE) DR~;hACE EASE'JEN7 AS ,:ER S~ 3' FLAT 5OOK 7, PAgE 57; ' Ti. ENCE S.89'57'14"W, A~C%S T~E SAD '.O~H ?NE, A DSTANCE OF 25.00 FEET, TO THE SAIO ~ST THENCE N.00'27'55"W, ALONG ThE SAS 64ST ,_ NE, A D STANCE OF 133.75 FEET, TO THE DOINT OF BES~NNfNO. CONTAINING 3.106 SQU,~RE FEET. ~,:C, RE OR -ESS; SKETCH & 3ESC~IPTON ONLY ~ hO' A BCUNDiRY SURVEY '-- SKETCH & DESCRIPTION OF: PERPETUAL, NON-Z×CLUSIVE ROAD RIGHT-OF-WAy. DRAINAGE AND UTILITY EASEMENT PARCEL 159 COL~.,ER CJUNT~, ~LuRIDA PARCEL NO. I?o PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE ANO UTILITY EASEMENT F_XHIBff ?RACT 62 i ,..NE 5r~R~NG i LENGTH TRACT 51 GOLDEN GATE ESTATES p ERPETUAL, ri,FO N-,~XCLU SlVE -/ ,ROAD R~,GHT-~,-WA,, DRAinAGE AND UTiL,~ ~ASEVENT TRACT 89 ~. OR 2292/1436 - 1247/267 'RACT 90 GOLDEN GATE ESTA'fES iNIT 29 __-:AL OESCRP~ION FOR PARCEL ~,70 A ?ORT©N OF -RACT 5~ 3:CLCE'.I G-~'E ES-zTES ~'HT 29 ~S ~ECCROED N ~ ~OOK 7, P4GE 57 OF ~L~L.0 RECORDS C: CC_~'ER CSL",~, :_2.~5& S~ :=TE >, SECT:ON 30, :OWNS~P 4g SOUTH, RA~GE 26 EAST, COLLER COUNIf :_3~ DA ~EhG vORE ~R-C~.AR-v DESCRIBED AS FOuLO,V5 COM~¢ENCE P~ -~E qSRFh~5~ :C~NER CF 5iS '~ACT St; -~E%CE SCO'2B'l!'E., ALONG THE ERS' L:*~E OF SAD TRACT 6~. A 2mST~:;CE 3:22359 fEET; =~ENCE _EA'/:~O tHE SAD EAST _:NE, 589'31'49'W.. A DISTANCE CF ~0 00 FEET, TO ~mE ,',EST L%E C¢ A RCAD,',AY EASE~,!ENT (50' W~DE) AS PER SAgO P~T AND BEING THE -~ENCE 5.C0'28': ~"E. ALOKO 7HE SAiD :,EST ~!%E, A O;STANCE OF ~3!.58 FE~, *O A PO:NT ON THE NORTH 7-~EXCE S 89'29'59"W, ~ChO T~E gAD '.CRT~ ~;NE, A 3STANCE OF 25.00 FE~; ~ENCE LEA',ING 'HE SAD NORTH LINE, N.30'28'll"W, A 3STANCE OF 11039 FE~; TdENCE N49'50'00"E.. A D~STANCE CF 3255 FEET, TO -~E PO,NT OF BEGINNING; CONTAINING 3,022 SQUARE FEET, t/ORE GR ~ESS. ;'- :q t %03 SKETCH & DESCRiPTiON ON~¢ ,WOT A 30UNOARY SURVEY s:Agg ~¢eo ~'D'~ CO~L;ER COUNTY GO,'ER:,M£'J CO,RD C: ,3,3uhF¢ CCklh~ SStO~,[R5 GOLDEN GATE PARKWAY [LIPROVE,\IENTS SKETCH & DESCRIPTION OF: PERPETUAL, ?;ON-E:(CLUSIVE ROAD RIGHT-OF-IYAY, DRAINAGE AND UTILITY EASEMENT PARCEL COLLIER COUNTY. FLOR:DA ~OB r,~ d!.t DER 3;-0015,1~ !"=50' :_E 'S.~4 E[ S~,EEr ']O:5SK" 70[ ~ OF NO. /'2/ PERPETUAL NON-EXCLUSIVE ROAD RIGHT-OF4NA,y, DRAINAGE ANO UTIUTY EASEMENT EXHIBIT pag./ 5 of ~:XH~BIT t A TRACT 62 i 'tRACT 89 ~ ~ OR 2292/1456 - 1247/267 -RACT 61 ; ,/ ' TRACt 90 --~, GOLDEN GA-E ESTA-ES z ~ -~ ~ GOLDEN GATE ESTATES ~NiT 29 ~ ~ ~ /~ UNIT 2g ~ ti '/:tx/ ~ o ROAD RIGHT-OF-WAY, ORAl.GE ~f ,' ~[~1~' AND UTIU~ ~SEMENT JAN .-=-- 7E£ZR?T)ON FOR aARCEL !71 ,; =C'R%3'~ 3F -~AC' ~3 3C_2~', ]~-E EST;TES, ~;'.:T 29 AS ,R~CGRDEO N ~LAT BOOK 7, 57 3: T~E FwBLC ~E:3~]S 2: 73 -ZR 33~t;~' :=OR~CA S:TU;A-E :N SEC-~ON 30, TOWNSHP 49 S~T~, ~:';8[ 25 E~S- .'2 ~: 32~'.~~ : ?~;SA ~EhS MORE :ARTICOLARLy ,OESCR~BE3 AS ZC'dMENCE AT -bE ~CR~b,',ES- 37~'.{R CF $~O T~ACT 93; THENCE SC, G'2~'~I"E, ~LONG THE ,',~ST _NJ OF SAC ~RA7 52. = _ S'='.CE C,~ 22259 FgET; I~E'JCE _~viNG THE SAiD WEST _ NE, N 59'3' 'cg'E., A 2 STANCE :c ]3 38 FEET, -c A :0 NT C:N THE EAST L;NE OF A RGADWAY E:SDIENT ,(50' ":~ ~Eq --ENCE LE.AV~NG THS $=, D ~ST _'.~. S 5J'26'22"E., A O~STANCE OF 32.55 FEET; 7>EkCE 5C0'28'!~"E. A -STc',CE SF ''C53 FEF, TO 'HE NORTH UNE OF A (~60' 0RA;NAGE EASEMENT AS FER SA ] : 'HENCE S.89'29'59"N., z.g';'3 7-E S:,3 NORT~ JNE, A D;STANCE OF 25.00 FE~, TO THE SAID EAST LrNE; THENCE N.OO'28'11"W, ALO'~O 'HE SA, 3 EAST LINE, A DISTANCE OF ~31.55 FEET, TO THE OF BEGINNING; CONTAINING 5,02] SQUARE tEE-, MC, RE DR LESS. SKETCH ~ CESCRIPT',CN qOf A BOUNDARY SURVEY SCALZ :OR ~C,~I 6~ COUNTY '3O',E~*~,~E*.r 9Oa~O :F ::_,'r dS',r.'~SS:ChERS GOLDEN GATE PARKWAy IMPROVEMENTS SKETCH & DESCRIPTION OF: PERPETUAL, NO:i-EXCLUSIVE ROAD RISHT-0F-WAY, DRAINAGE AND UTIL;£Y E2, SE~,!ENT PARCEL 171 COLLIER COUNTY. FLORIDA ',]£X ARCEL NO, / '7 ~., PERPETUAL, NON. EXCLUSIVE ROAD RIGHT.O~-WAY, DRAINAGE AND UTILITY EASEMENT EXHIBIT Page/a(,, of 2003 TRACT PORTION OF TRACT 46 GOLDEN GATE ESTATES UNIT 3C P_AT BOOK 7 PA~E 58 ~0T 1 BASS POINT PERPETUAL, NON-EXCLUSIVE ROAD R:GHT-OF-WAY 3~A~NAGE AND uTILi~ ~ARCE A TRACT 6.3 SCHULTEIS OR 2§58/2B43 TRACT 64 GOLOEN GATE ESTATES UNIT 30 LEBAL DESCRIPTION FOR PARCEL 172 A PORT'ON CF _CT ', BASS ~O;:',T AS RECORDED i!'.i PLAT BOOK 18. PAGE 57 O;' THE -'~BL:C qECCRDS C;' CS._L£R 2, C~"l~F, ;~OR;D,~ S[~CATE :N SECT ON 29, ~OWNSP.;P ';9 SC~'H, qANGE 25 ERS-, C3~ER CO~N~, FzORiDA BEING MORE ~ART:Cd~RLY DESCRIBED ~S COMMENCE AT ~E >,OR!HERS~ CORNER OF 5A,D ~OT 1; THE%CE S.OO'28'56"E, ALONG T~F_ EAST L NE C,F SaD LOT !, A 3,STANCE OF 4~26 FEET; THENCE LEAVING THE :~ST L~NE. 589'~'C4'W. A D~S=ANCE OF ~0.00 FEET, TO A POINT ON THE WEST LINE OF A ROADWAY ~ASE',tENT ',60' ,'¢ DE) AS RECORDED ;N P~T BOOK 7. PAGE 58 OF THE ~UBLiC RECORDS OF C3__:ER COUNt, FLORIDA AND 8ENO TME POINT OF BEGINNING; THE'~CE S.33'28'56'E, &_O'~G TdE SAiD WEST LNE, A DiStANCE 0F 149.29 FE~. TO A :O:NT O% THE '~CR~d L~ OF A {'60' W~DE) DRAINAGE EASEMENT AS PER SAiD 503K 7, ~AGE 58, 'PENCE S~9'24':9""W, ALONG ~HE SAiD NORTH LINE, A ~iSTANCE OF 2500 FE~; "HENCE LEAWNO T~E SA;D NORTH UNE. N.OO'CS'56"W., A DIST~CE OF 129.34 FEET; T~EHCE N.50'51 29"E, A D,STANCE OF 3202 FEET. TO THE POINT OF BEG;NNING. CONTAINING 3,¢~3 SQUARE FEE~, MORE CR LESS. SKETCN & DESCRIPTION CIqL¥ NOT A BOUNDARY SURVEY :C'R SOLL;ER CC~N~ SO,ER',;dENT ~OA~C DF C}~.T'¢ CC~.tt,hSS;OhERS GOLDEN GATE PARKWAY IMPROVEMENTS SKETCH &: DESCRIPTION OF: PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT PARCEL 17~ COLLIER COUNTY, FLORIDA ,OB '.d'.IBE~ 3C,)5SK172J I 5f CCD3 P~, NON-EXCLUSIVE ROAD RIGHT-OF-WAy, DRAINAGE ANO UTILITY EASEMENT EXHIBIT ,A pag~/~? of/0~. i TRACT 47 PORTION OF TRACT 48 GOLDEN GATE ESTATES UNIT 30 LOT 1 BASS PD,NT EXHIBIT' A TRACT 63 / ~w CORNE~ OR 2558/26~3 iV -~ E TRACT 64. PERPETUAL, NON-EXCLUSiVE ~.~'~. ROAD RiGHT-OF-WAY, DRAINAGE ~< "Mm AND UT'LilY EASEMENT _EGAL CESCRiPTiCN ,"'OR PARCEL 175 PORT~CN OF TR-~CT 54 GOLDEN SA*E SS-aTSS, ~';T 30 AS RECORDED ',~J p~.~T BOOK 7, PAGE 55 OF THE RECORDS CF CCL~ER CSLN-Y, FLSRDA S,-bATE ,% ~-*=~:.'~, ~,.~' 29, T0,Y'NS,'~P 4,9 SC.;T% RAhGE 26 EAST, CCUN'~Y, ;'LOR DA BEhG MORE ~ARTCOL-NRLY DESCRIBED AS :,~L~CV,rS. CC~,'N~ENCE A~ T-~E NORTHWEST CORNER CF SAD ~RACT 54; =hENCE S SG'28'56"E., ALCHG -dE WEST L~NE CF SAiD TRACT 64. A C~5TANCE OF ~98.76 -EST, T~ENCE _EAFING THE SAD ',VEST uINE, N 8g'3~'C4"E., A D;STANCE CF 30.00 FEET, TO A PO NT ON TH~ ~AST =~%E OF A ROA~,YAY EASE',tENT (60' WOE) AS PER SAID P~T AN0 BEING T~E POINT O: BEG~NN;NG; 7HENCE LEAVING THE SA!D EAST L;NE, S 5!'4g 2C"E, A D STANCE OF ]2 02 ;'RET; -PENCE S.00'2~'56"E, A DS'ANCE OF !29 12 FEE-. TO A ;°O!NT 0N THE NORTH LINE OF A (:60' WIDE) BRA, NAGS EASEMENT AS PEA SAD ;LAT; THENCE S.SB'2¢'Ig"W, ALO'~G ~HE SAD NORTH LINE, A D:$TANCE OF 25.00 FEET, TO Tree SAID EAST L:NE; T'~ENCE N 00'2B'56"W,. ALONG Tr, E SA,D EAST ~:NE, A DISTAqCE OF 149.17 FEET,, TO Tr~E POINT OF ~EGINNING. CONTA, NING 3,479 SQUARE FEET, MORE OR LESS; SKETCH A 3ESCRIP'ION ONLY 'NOT A BObNDARY SLRVE¥ FSq: COLL,ER COUNTY GO~ERN>~E~T ~O-~RD S~ ,.BOUNTY CO!.!N~ SS[ONER5 GOLDEN GATE PARKWAY IMPRCVEMENTS SKETCH & DESCRIPTION OF: PERPETUAL, NON-EXCLUSiVE I{OAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT PARCEL 173 COLLIER COUNTY, FLORIDA .OB NUUBER SCALE 01-O0~ 5' ', !"= 30' 0015SK173I ! OF 2003 :~RCEL PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE A,NO UTIUTY EASEMENT EXHIBIT A Page/O~ of /Off ~:/ TRACT 79 ~ TRACT g$ i CP°(NT °F ~ COMM~C[M[~ ~ ~ C ~ OR 185g/2061 OR TRACT 80 / ~.~.x~//: ~ TRACT 96 P~T 800~ 7 D~OE 55 / ~ ~X~ / / ~ ~ P~T ~OOK ? P~E 58 PERP~UAL, NON-EXCLUSIVE~ ~:~1~'// ~ _ED~L 3ESSR:PT:ON FOR PARCEL t74 ~ PDR%O', OF TRACT 80 C3~DE~ 3A~E LS;;FES, ~'xT 30 4S ~ECO~DEO :N PLAT BOOK 7, ~ADE :~BL;C ~ECSRCS OF COLLIER 33b'~v : '~'E~ E~-~ATE '. SEC-iON 29, ~G,~'~S~P 49 SOuFH, RA',;GE 25 EAST, SCLL~ER COUNW, FLORSA gEhO h'S~E ~:~T:g__sR_Y CESCRBED AS FO=LC,~5. 3CMMENCE AT THE NORTh.S- 3C~t. ER 2: E:,~C -R~CT 80; T?ENCE S CO'27'}0"E, ALONG ~HE -R4CT 80, A DISTANCE OF '5~ 80 :'ES-; -.?'.CE _SA'vINO ~HE SAiD EAST LNE. S89'32'09"W., A D;STANCE OF }0O0 FEET, ~O A :CNT ON ThE ,',~ST _.',E CF A ~OAOWAY EASEMENT (6G' WIDE) AS PER SAG P~T T~'E PD¢NT OF BEO,NN,NG; ~hENCE S C0'27'30"E, &;OHO T~E SA,D :,EST ~:4E, A DISTANCE OF 182.76 FEET, TO A FCINT ON THE NORTH L~XE OF A ('50' W;DE) DR4INAGE E~S?,tE'.,T AS ;ER SAG ~LAT; THENCE S.89'25'07"~., A~CNG Y~E S~D >~C~TH L NE , A D~STANCE OF 25.00 FEET; THENCE uEAViNG ThE SA~D NCRTM LhE, ';.G3'27'}0"W, A D~STANCE OF '68.B1 FE~; THENCE N.56'55'20"E, A DISTANCE 3F 2968 FEET, TO TdE POINT OF BEOINNING; CONTAiNiNG 4,370 SQUARE FEET, MORE OR LESS, ",OT A BOUNDARY SLRVEY SKETCH & DESCRIPTION OF: PERPETUAL NON-EXCLUSIVF ROAD PARCEL 174 COLLIER COUNTY, FLORIDA ,3! -30:5 ~ ''= ! 2003 ' RCEL NO. , PERPETUAL NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE A,NO UTIMTY EASE~ EXHIBIT A TRACT 79 ROTH OR !218/!895 TRACT 80 GOLDEN GATE ESTATES bNiT 30 A TRACT 95 C POINT OF ' I C0UI,tENgEUENT1 OR 1859/2067 W ~ E UNiT 30 ;m~T i]OOK 7 PAG~' i ~- PERpETuAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTIUTY EASEMENT PARCEL 175 / _Z]A._ 3ESCRiPT;ON FOR PARCEL 175 A PORTION OF TRACT ~-5 T. OLSEN i,-;-E -i5-ATES, UNiT ~0 AS RECORDED IN P~T 9OOK 7, PAGE 58 OF T~E :.JBLC RECORDS OF COLLIER SOb:,7' : CR2A ST~ATE iN SECT:ON 29, 'OWNSH'.P 49 SOUTH, RANGE 26 EAS-, CULLER COUN~. ;_OqlgA 3ENO ','3qE :4RTCU~RLY CESCRJ3ED AS FOLLOWS. CCk~MENCE Af THE NCRTH~EST COR:'.:R 2; SAD '~ACT ~6; THENCE SC0'27'50"E., ALONG THE WEST LINE OF SA;0 TRACT 85. A 3 S'FANCE OF '5583 ~E:T; -~E~-,SE L~VlNG T~E SAiD WEST LINE, N 89'52'30"E., NSTANCE OF 50 0C FEET, TO A =,S '.T 3;~ -~E EAST L!',~E OF A ROADWAY ~SEMENT (60' WIDE) AS PER SA~D P~T AND BENO THE ;CiNF CF '~NCE LEAV'NG ThE SA~O EAST ~:NE, S 57'$0'21"~., A CSTANCE OF 29.68 -HENCE S.0C'27'30'E, A D~S-ANCE 3F '555~ FEET, *O A PONT ON THE NORTH LINE OF A (!60' W~DE) CRAINAGE ~SE~ENT AS PER SAD :mENCE S.89'25'07'W., A~ONG =hE SAC MOR'~ LINE, A O6TANCE 0F 25.00 FEET, TO THE SAiD ~ST L~NE; T~ENCE N 00'27'30"W., ALONG T~E S~O EAST -INE, A 3,STANCE OF 182.63 FE~, TO THE POINT OF BEGiNNiNG; CONTAINING 4,365 SQUARE FEET, N~ORE CR ,_ESS. SKETCH ~ 0ESCRIPT~ON ONLY NOT ~ BOUNDARY SURVEY GOLDEN GATE PARKWAY IMPROVEMENTS SKETCH & DESCRIPTION OF: PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT PARCEL [75 COLLIER COUNTY, FLORIDA 3~ -OO~ 5 ! I EXECUTIVE SUMMARY AUTHORIZE THE USE OF $164,000 FROM THE HUMAN SERVICES DEPARTMENT TO BE CONSIDERED PART OF A LOCAL MATCH REQUIREMENT TO OBTAIN STATE AND FEDERAL FUNDING TO OPERATE A PRIMARY CARE CLINIC IN THE GOLDEN GATE AREA. OBJECTIVE: To use existing budgeted funds within the Human Services Department to create a Primary Care Clinic in the Golden Gate area of Collier County. CONSIDERATIONS: On June 11, 2002, the Board of County Commissioners authorized staff to pursue a grant application with Collier Health Services, Inc. that would utilize local funds to obtain state and federal funding to create a primary care clinic. Collier Health Services Inc. is a non-profit 501 (3) organization, that has operated a variety of community-based health clinics in Collier County for the last 25 years. This grant opportunity utilizes a funding mechanism known as an Upper Payment Limit and is provided by the Agency for Health Care Administration (AHCA) and the Department of Health. This program has a long history of being available to states and has its roots in the development of the Boren Amendment as established in the Omnibus Budget Reconciliation Acts of 1980 and 1981. Florida has just recently began utilizing this opportunity to attract Federal funding for local healthcare needs. The program would allow $164,000 of local, existing funds be matched exactly with $164.000 of State general revenue dollars that combined would provide an additional $472,000 in Federal funds for a total of $800,000. In addition, the clinic would generate income from Medicare. Medicaid, and self-pay revenue for an additional $331,425. This provides a total leverage ratio of 1:6.9. These funds would be used to design a primary care medical service for individuals in Collier County that lack access to this type of care. Collier Health Services, inc. has received notification from the Department of Health that the grant application has been approved to negotiate a contract. The primary care clinic would employ (2) Physicians, (1) Advanced Registered Nurse Practitioner (ARNP), (1) Nurse, (3) Nurse Assistants, (1) Pharmacy Technician, and (1) Outreach Worker. A proposed site for this clinic is 5262 Golden Gate Parkway and it would be operated by Collier Health Services, Inc. The type of activities to be provided include needed laboratory, x-ray, pharmacy, and transportation/hr the individuals in the area that lack access to primary care. It is anticipated that this clinic will provide 13,500 medical visits for 5500 unduplicated patients during the first year. FISCAL IMPACT: There would be no significant fiscal impact or exposure to the Funds from the current Human Services budget would be redirected tff. fina~ / JAN 1 [ / _ the local match requirement. The funds that normally would be spent on primary care activities would be utilized to create the primary care clinic identified above. Instead of these funds being provided to support primary, activities with multiple vendors, they would be consolidated to support the creation of a primary care clinic in the Golden Gate area. GROWTH MANAGEMENT IMPACT: This action implements the Growth Management Plan and Redevelopment Plan by providing public services to improve the health, safety, and welfare of the community. RECOMMENDATION: That the Board of County Commissioners authorize staff to redirect current funds provided through the Human Services Department to support the local match requirement necessary to negotiate a contract between the Department of Health and Collier Health Services. Inc. to operate a primary care clinic in the Golden Gate area. SUBMITTED BY: ,z. t....,. ,... ,/Z-' . ~- ~- Date: ., ,Barry Williams. Director. ./~ Human Serx:ices Deparyn~ent REVIEWED BY: / .~-., ._ ~ ~ · /Gxrv Vincent. Buduet Analyst APPROVED BY: 'Oflice of Management and Budget ~ ..(,c,.. ...... ' .... Date: John Dunnuck. Administrator, Public Services Division t ! Agenda I I telltq No. /o I~ JAN 1 2003 pg. c~ EXECUTIVE SUMMARY REVIEW THE COLLIER COUNTY AIRPORT AUTHORITY ORDINANCE AND PROVIDE STAFF DIRECTION OBJECTIVE: To obtain the Board of County Commissioners direction regarding the current Airport Authority Ordinance. CONSIDERATIONS: At the December 17, 2002 meeting, the Board discussed an invitation by the Collier County Airport Authority for the Board to designate a Commissioner to serve on the Selection Committee to participate in the selection and salary process for the Airport Authority's Executive Director's position (Agenda Item 9D). The Board directed the Chairman to send a letter to the Authority recommending that thev take no further action regarding the selection of an Executive Director until the Board has had the opportunity to review the Authority's current governing ordinance. Collier County Government is responsible for the operation of three airports generally located in Immokalee, Marco Island, and Everglades City. Section 332.08, Florida Statutes, (the "Florida Airport Act of 1945"), authorizes Collier County to vest authority for the construction, enlargement, improvement, maintenance, equipment, operation, and regulation of airports, restricted landing areas, and other air navigation facilities, in an officer, board, or body of the County by ordinance which prescribes the powers and duties of such officer, board or body. Ordinance No. 93-36 created and established the Collier County Airport Authority and prescribed its powers and duties. Ordinance No. 95-67 repealed Ordinance No. 93-36 and granted the Authority more freedom and autonomy to carry on its day-to-day activities with minimal management from the Board and from the Clerk to the Board. Primarily, it removed the Authority, the Authority's Executive Director, and the employees of the Authority from under the management of the County Manager. Additionally, it provided for the Executive Director to be hired by an affirmative vote of the membership of the Authority. Previously, Ordinance No. 93-36 provided for the Board to appoint the Executive Director from at least three qualified candidates submitted by the Authority. The Authority's Administrative Code Policy Number 660 provides that all purchases of supplies, materials, and non-professional services be purchased in accordance with 'he Board and Collier County Purchasing Department polices with the exception that the Authority, and not the Board, has final approval on all actions. Additionally, Board approval is not required for the Authority to accept gifts, apply for and use grants or loans, or enter into interlocal agreements. --g. ,, I,. _ i Ordinance No. 99-10 amended Ordinance No. 95-67 to delete the limitations on the number of times a member of the Authority may be re-appointed to the Authority. Ordinance No. 95-67 was further amended by Ordinance No. 2002-28, which deals primarily with airport security. Collier County Code Chapter 18, "Aviation", is attached for reference. The attached code is current with the exception of the exclusion of Ordinance 2002-28 (Airport Security). FISCAL IMPACT: There is no direct fiscal impact associated with the review of the Airport Authority Ordinance. However, should the Board direct staff to amend a portion of the ordinance the fiscal impact, if any, will be determined and presented with the proposed amended ordinance. GROWTH MANAGEMENT IMPACT: The three Collier County Airports are inventoried in the Growth Management Plan. RECOMMENDATION: That the Board provide staff direction regarding the current Airport Authority Ordinance, if appropriate. PREPARED BY: !]_,)~4t ~_&_, ,~ ~L,~'~ Date: Winona Stone. Assistant to the County Manager /__/3~fines V. Mudd, County Manager Chapter 18 AVI~I~ION* Article I. In General Secz. 18-1--18-25. Reserved. Article IL County Owned, Operated or M~i~t. ained Airports Division 1. Generally Sees. 18-26---18-35. Reserved. Sec.. 18-36. Sec. 18-37. Sec. 18-38. Sec. 18-39. Sec. 18-40. Sec. 18-41. Sec. 18.42. Sec. 18.43. Sec. 18-44. Sec. 18-45. Sec. 18-46. Sec. 18-47. Sec. 18-48. Division 2. AL-port Authority Title and citation. F~udings and purpose. Definition~. Conl:muance of authority; airport boundaries. Governing body; membership, appointment and terms of office. Compensation of members. Powers, functions and duties. A~nual budget and annual repart. Adm/mswative code. Executive director. Non-interference. ~Pra~sfer of property and personnel. Merge~ dissolutAon. 18-49---18-60. Reserved. Sec. 18-61. Sec. 18-62. Sec. 18-63. Sec. 18-64. Sec. 18-65. Sec. 18-66. Division 3. Facility Rules and Regulations Title axed citatAon. Definitions, Findings and purpose. Applicability. Adoption. Compliance with other federal/atat~ or local codez. **Land development code references--A/rport overlay district, § 2.2.23; private airports, § 2.6.29. State law reference--Aeronautics, F.S. cbs. 329--333. Supp. No. 3 CD18:i A~A ITE~ AVIATION § 18-,37 ARTICLE I. IN GENERAL Secs. 18-1--18-25. Reserved. ARTICLE H. COUNTY OWNED, OPERATED OR MAINTAINED AIRPORTS DMSION 1. GEN~I~AT,LY Secs. 18-26~18-35. Reserved. DMSION 2. AIRPORT AUTHORITY* Sec. 18-36. Title and citation. This division shaI1 be known and may be cited as the "Collier County Airport Authority Ordi- nance.'' (Ord. No. 95-67, § 1, 11-14-95) Sec. 18-37. Findings and purpose. It is hereby ascertained and declared that: (1) Pursuant to Section 332.08(1), Florida Stat- utes, and this division, the Collier County Airport Authority is responsible for the operation of three airports: The Immokalee Regional Airport m Immokalee; the Marco Island Executive Airport, located northeast of Marco Island; and the Everglades City Airpark, located in the City of Everglades. (2) The three county airports are valuable as- sets that bear upon a viable and diversified economy for the Colher County community. (3) The board of county commissioners of Col- lier County desires to provide for enhanced development and eventual operation of the airports' as enterprise operations. (4) Chapter 332, Sections 332.001 through 332.12, Florida Statutes, ("Airport Law of 1945") authorizes Collier County to ac- quire, establish, construct, enlarge, im- prove, m~intain, equip, operate, and regu- late county airports and other air navigation *Editor's note--Ord. No. 95-67, §§ 1--13, adopted Nov. 14, 1995, amended Div. 2, in its entirety, to read as herein met out in §§ 18-36--18-48. See the Code Comparative Table. Supp. No. 3 CD18:3 fadlities, and provides that the exercise of any other power specified therein granted to counties are public, governmental func- tions exercised for a public purpose and are matters of public necessity. (5) Section 332.08(1), Florida Statutes, autho- rizes Collier County to vest authority for the construction, enlargement, improve- ment, maintenance, equipment, operation, and regulation of airports, restricted land- ing areas, and other air navigation facili- ties, m an officer, board, or body of the county by ordinance which shall prescribe the powers and duties of such officer, board or body. (6) The three Collier County owned airports require attention, including short and long range planning, to encourage and foster the development of infrastructure and fa- cilities to be operated for the benefit of citizens and taxpayers of the county. (7) The three airports should be developed to promote the welfare of all current and future residents of the county. (8) It is the intent of the board of county commissioners to maintain a Colher County Airport Authority in Collier County with the powers and responsibilities as provided m Section 332.08, Florida Statutes, and pursuant to the governmental powers granted to counties in Chapter 125, Florida Statutes. (9) This airport authority is consistent with and furthers the counters comprehensive plan and provides a focused approach te the provision, development and manage- ment of public infrastructure and services at the three Collier County airports, and is one available me~ns for delivery of such facilities and services at the three airports. (10) The provisions of this division shall be liberally constructed to effectively carry out its purpose in the interest of public health, safety, welfare and convenience. This division shall be construed to be con- sistent with Chapter 189, Florida Statutes (the "Uniform Special District Aeemmtabfl- AGe, IDA ITEM J 1 JAN 1 200 18-37 COLLIER COUNTY CODE (11) (12) (Ord. ity Act of 1989"), and Chapter 332, Florida Statutes, (the "Florida Airport Act of 1945"), with Chapter 286, Florida Statutes, (Florida's Government in the Sunshine Law); and with Chapter 119, Florida Statutes, (Florida's Public Records Law), as those Statutes may be amended from time-to- tilne. Nothing in this division shall be construed to affect any actions previously taken by Coil/er County and/or the Collier County Airport Authority, or any agreements pre- viously entered into by Collier County and/or the airport authority. It is the intent of this division to grant to the airport authority more freedom and autonomy to carry on its day-to-day activ- ities with minimal management from the board and from the clerk to the board, and with intent to eventually have the author- ity become independent by passage of a special act of the Florida Legislature. No. 95-67, § 2, 11-14-95) Sec. 18-38. Definitions. As used in this division the following words and terms shall have the following meanings unless the context clearly requires otherwise: Airports means the real property and all ira- provements owned or leased by Collier County (as tenant) and/or the Coil/er County Airport Author- ity (as sub-lesser and/or tenant) for airport activ- it/es in Immokalee, Everglades City, and Marco Island, including the properties and improve- ments designated for industrial development at the Immokalee Airport, and such other property and improvements that may be subsequently ac- quired by Collier County and/or the airport au- thority by lease, purchase, gift or by any other memns. Airport facilities me,ns airport facilities of all kinds including, but not limited to, landing fields, hangars, shops, restaurants and catering .facili- ties, terminals, buildings, airport industri~ parks, parking facilities and all other fac/lifies necessary and desirable for the h,ndling, ~k-lng off, operat- ing, servicing, repairing and parking of aircrat~; also the landing of marl, express and freight, and Supp. No. 3 the accommodation, convenience and comfor~ of passengers, together with related transportation facilities, industrial development, all necessary appurtenances, machinery and equipment and all lands, properties, rights, easements and fran- chises rela~_ng thereto and deemed necessary or convenient by the authority in connection there- Authority means the Collier County Airport Authority created by Ordinance No. 93-36 and continued by this division. Board means the Board of County Commission- ers of Collier County, Florida. County means Collier County, Florida. Improvements means such replacements, re- pairs, extensions, additions, enlargements, and betterments of or to any airport or airport facility as deemed appropriate to keep the airport and airport facilities in suitable condition for the safe, efficient and economic operation thereof. Member(s) means one or more of the persons who comprise the governing body of the airport authority. (Ord. No. 95-67, § 3, 11-14-95) Sec. 18-39. Continuance of authority; air- port boundaries. (a) The board, on June 22, 1993, by enactment of CoLlier County Ordinance No. 93-36, created a seven-member body designated as the Collier County Airport Authority. (b) The authority is a "political subdivision" of Collier County as defined in Section 333.01(9), Florida Statutes. The authority is also a "political subdivision" of Collier County as used in Section 196.199, Florida Statutes, regarding as'valorem taxation. (c) The authority is not a "department" under Collier County No. 84-44, as amended. Neither the authority, . the authority's executive director, nor other employees of the authority are under management of the county administrator. (d) The authority shall take no action that is inconsistent with applicable general law- ,~v an-.. plicable special act, any applicable compreh ,~,~ % IT~M JAN 1 2003 AVIATION § 18-40 land use plan, any applicable land development ordinance, or any other applicable ordinance, rule or regulation adopted by the board pursuant to Chapter 332 or 333, Florida Statutes, or any applicable regulation of any governmental entity that has authority to adopt regulations that are superior to the authority with respect to the specific issue. (e) The legal description and a map of each of these three airport~ are attached hereto and are made a part hereof as Exh{bits A, B, and C. (Ord. No. 95-67, § 4, 11-14-95) Note---Said Exhibits A---C, as referenced above in section 18-39, are not set out herein, but are on file and available for inspectfion in the offices of the county. Sec. 18-40. Governlngbody; membership, ap- pointment and terms of office. (a) The governing body of the authority shall be composed of seven members appointed by the board. Except when a member is appointed to fill the remainder of a vacated term, the members shall be appointed to serve four-year terms. No member shall serve more than two four-year terms except when that member's initial appoint- ment was for a term of less than four years. A member's two full term appointment limitation may be waived by an~nimous vote of the board and in the event this provision conflicts with any other Collier County rule, regulation or ordi- nance, this provision shall prevail. Upon the expiration of a member's term of office, such member shall maintmin his or her appointment until the member is either re-appointed or a successor is appointed by the board. (b) Members of the authority may be removed with or without cause by a majority vote of the membership of the board. Vacancies on the au- thority shall be filled in the snme m-nner as the original appointment. (c) Members of the authority shall be residents of Collier County and must have business ability and experience in one or more fields which, by way of e~r-rnple, may include hut are not limited to, general business, econemfc development, avi- ation, public affairs, law, finance, accounting, engineering, natural resource conservation, or related fields. There shall be at least one member Supp. No. 9 of the authority appointed from [mmokalee, Marco Island, and Everglades City ff a qualified candi- date who resides within the respective area is available for appointment to the authority. No person holding elected office at the state, county or municipal level shall be appointed to, or be a member of, the authority. (d) Effective as of the beginning of each fiscal year (October 1) the authority shall from its members elect a chairman, vice chairman, and secretary. The secretary shall maintain the cus- tody and control of the authority's records. The authority may delegate the duties of secretary to the executive director of the authority or desig- (e) The county's purchasing pohcy and the county's personnel rules and regulations will ap- ply to the author/ty except as provided otherwise in the authority's adm~rfistrative code, as amended from time to time. (fl The clerk to the board shall, to the extent required by law, serve as clerk to the authority. The authority, at its discretion, may ut/li~.e the services of the clerk over and above the services the clerk must perform for the authority as a matter of law. The authority shall annually bud- get and reimburse the clerk as appropriate for the cost of all services and materials supplied by the clerk to the authority. The authority shall orga- nize its own financial records to facilitate its day to day operations and provide financial records in such form and in such manner as required by Chapter 218, Florida Statutes, and additional requirements, ff any, specified-/n the authoritys administrative code. To the extent allowed by law, the authority may, through its adrnlni.~trative code, remove itself from fiscal and other review and approval by the clerk to the board. (g) Other departanents of the county, including the office of the county admlni.~trator, may assist the authority as requested by the authority. The authority shall reimburse each respective depart- ment for the cost of services and materials sup- plied by that department to the authority. (Ord. No. 95-67, § 5, 11-14.-9.5; Ord. No. 99-10, § 1, 2-9-99) A(:~NDA CD18:5 ' JAN 1 2003 ~8-41 COLLIER COUNTY CODE Sec. 18-41. Compensation of members. The members of the authority shall receive no compensation but each shall be reimbursed ex- penses in accordance with the provisions of gen- eral taw, and in conformity with the authority's budget as approved by the board. (Ord. No. 95-67, § 6, 11-14-95) Sec. 18-42. Powers, functions and duties. (a) The authority shall be responsible for the construction, improvement, equipment, develop- ment, regulation, operation and maintenance of the airports and all related alrpor~ facilities. The day to day activities of the authority, of the executive director, and of authority's other em- ployees shall not require prior approval from the board or the county administrator. - (b) The authority shall have no power to levy collect ad valorem taxes unless provided other- wise in a special act of the Florida Legislature. (c) duties: (1) The authority has the following powers and Subject to and consistent with the authority's budget, to make and execute contracts and other instruments neces- sary or convenient to the exercise of its powers. (2) The authority may adopt resolutions, rules and regulations that-are necessary to con- duc~ the business of the authority. (3) To accept gift; to apply for and use grants or loans of money or other property from the United States, the State of Florida, any vnit of local government, or any per- son for any lawful purpose; to hold, use, sell and dispose of such monies or prop- erty for any authority purpose in accor- dance with the terms of the gift, grant, loan or agreement rela~ng thereto; and to enter into interlocal agreements as conve- nient to accomplish its goals. (4) To maintain an office wi~.hin the county at such place or places the authority desig- nates. (5) (6) (7) Supp. No. 9 CD18:6 Subject to prior approval of the board: to borrow money and issue revenue bonds or anticipation certificates, warrants, notes, or other evidence of indebt~lness; to des- ignate an agent of record; to sell or mort- gage real or personal property. To adopt by resolution a schedule of rates, fees and other charges for the use of the services, airports and airport facilities to be paid by owners, tenants, or occupants of each parcel of land or the user of any facility wh/ch may be connected with or provided service, use or availability of any airport facility. The initial schedule of such rates, fees and other charges shall be those in effect at the three a/rports as of the effective date of this division. The authority may from t~me to time revise the schedule of rates, fees and other charges. Such rates, fees, and other charges shall be adopted and revised so as to provide funds, which, with other funds available for such purposes, shall be suf- ficient at all times tn pay the expenses of operating and maintaining the airports and airport facilities (including reimburse- ments to the county), to'provide a margin of safety over and above the total Amount of such payments, and to comply with covenants to bondholders. Also to provide, if apphcable, reserves for the principal and interest on revenue bonds as the same may become due. The authority shall charge and collect such rates, fees, and other charges so adopted and revised. To sub-lease as sub-lessor, and to lease as lessee, to or from any person, firm, corpo- ration, association, or body, public or pri- vate, any airport facility or airport prop- erty of-any nature for the use of the authority to carry out any purpose of the authority. To grant easements and use agreements at each airport, provided the term of each such grant shall not exceed ':-~. I0~ ! JAN I AVIATION § 18-42 the then effective term of the lease of the airport frGm the board to the authority. No sub-lease where the authority is the sub-lessor, and no grant of any such ease- ment or use agreement, shall be subject to approval of the board or the county ad- mini.~trator. No lease to the authority as tenant shall be Supp. No. 9 CD18:6.! AVIATION § 18-43 subject to approval of the county admlrds- trator, or from the board except by me2ns of the budgetary approval process. (8) To acquire by purchase, lease, gift, dedica- tion, devise, or otherwise, real and per- sonal property or any estate therein for any lawful purpose of the authority; also to trade, sell or otherwise dispose of surplus real or surplus personal property in accor- dance with general law. The authority may purchase equipment by an inst~llment sales contract if budgeted and funds are avail- able to pay the current year's installment and to pay the amounts due that year on all other instM]rnents and indebtedness. The authority shall have no power of eminent domain except (a) in the name of the county pursuant to Chapter 74, Florida Statutes, as authorized by the board, or (b) except as authorized by special act of the legislature. (9) To hold, control and acquire by donation or purchase any pubhc easements, dedication to pubhc use, platted reservation for public purposes, or reservation for any lawful purpose of the authority, and to use such easement, dedication, or reservation for any lawful purpose of the authority. (10) To hire employees, including the executive director, who shall be employees of the county and shall be subject to the county's human resources policies and procedures except to the extent, if any, specifically provided otherwise in the authority's ad- ministrative code. (11) To contract for professional services includ- ing, but not limited to, pl~nnlug, engineer- ing, legal, and/or other professional ser- vices. No person engaged to provide such services shall .be an employee of either the authority or the county. (12) At the authority's discretion, the. county attorney's office will serve as the authority's attorney. The authority may retain individ- ual attorneys at law and/or law firm(s) to serve as the authority's.~ittorney for some or all of the authority's legal services. (13) To exercise all power and authority that is convenient and appropriate to accomplish Supp. No. 3 CD18:7 any duty, responsibility, goal, plan, or pur- pose of the authority as provided for in this division. (d) The authority shall have a lien upon all aircraf~ landing upon any airport operated by the authority for all charges for fuel, landing fees and other fees and charges for the use of the facilities of such airport by any such aircraft, when pay- ment of such charges and fees is not made imme- diately upon demand there for to the operator or owner of the aircraft by a duly authorized em- ployee of the authority. The lien for the full amount of the charges and fees due to the author- ity attaches to any aircraft owned or operated by the person owing such charges and fees. Such lien may be enforced as provided by law for the enforcement of warehousemen's liens in Florida. It is ~mlawful for any person to remove or attempt to remove, any such aircraft from such airport after notice of the lien has been served upon the owner or operator thereof or after posting of such written notice upon such aircraft. Any person who removes or attempts to remove any such aircraft from the airport after service or posVing of the notice of the lien as herein provided, and before payment of the amount due to the authority for fees or charges incurred by such aircraft, shall be guilty of a criminal offense and misdemeanor within the meaning of Section 775.08, Florida Statutes, and shall be punished as provided by law. (Ord. No. 95-67, § 7, 11-14-95) Sec. 18-43..~nn,,u] budget and annual re- port. (a) For each fiscal year the authority shall prepare a tentative ~nnual budget including rev- enues and expenses for the operation of the three airports during the ensuing fiscal year. The bud- get shall be tr2nsnlitted to the county adminis- trator for board review and adoption on or before · May 1, or otherwise in accordance with the county's general budget policy or general law, whichever date is earliest. Each proposed budget shall in- clude an estimate of all planned and contingent expenditures of the authority for the ens-ing fiscal year, plus an estimate of all income to the authority from all sources for that fiscal year. The board shall consider the prop_~_ ed budget it. em by ; JAN 1 20113 § 18-43 COLLIFA{ COUNTY CODE item and may either approve the budget as pro- posed by the authority, or modify the same in part or in whole. The budget of the authority shall be adopted in the same m,nner provided, and the times established by law for the adoption of the budget by the county. The authority shall be responsible for the implementation of the budget as approved by the board. The annual budget proposed by the authority and approved by the board should continuously implement the authority's five-year master plan. (b) By March 15th of each year, the authority shall submit to the board an annual report on its activities and operations for the preceding fiscal year, including an independent financial audit. (Ord. No. 95-67, § 8, 11-14-95) Sec. 18-44. Aamlni~'rative code. (a) Tile authority shall adopt an administra- tive code that prescribes details regarding the powers, duties, and functions of the officers of the authority; the conduct of the business of the authority; the maintenance of records and the form of other documents and records of the au- thority. The administrative code and amend- ments thereto are not subject to approval of the board or of the county adminiatrator. (b) The administrative code shall organize the administration of the authority and shall detail the duties, responsibilities, policies, rules and regulations of the authority as delegated to the authority by this division, by other ordinances, by rules or regulations of the board, or by special act of the legislature. (Ord. No. 95-67, § 9, 11-14-95) Sec. 18-45. Executive director. (a)' The authority shall have an executive direc- tor to serve as the authority% chief operating officer. The executive director shall be hired by an affirmative vote of the membership of the author- ity. Subject to the provisions of an employment agreement of the executive director, the executive director may be terminated, with or without cause, by an affirmative vote of the membership of the authority. Supp. No. 3 (b) The executive director shall work under the direction of the authority. (c) The executive director shall be the chief operating officer of the authority. All executive and administrative responsibilities and powers specified herein shall be assigned to and vested in the executive director. (d) The executive director, shall: (1) Be responsible for the administration, man- agement and operation of the airports and airport facilities. (2) Formulate and prepare recommendations regarding policies, rules and regulations, directives, programs, agreements, sub- leases, leases, contracts, and all other doc- uments which require consideration, ac- tion, or approval of the authority or of the board. (3) Implement all lawful directives of the au~ thority. (4) Prepare the annual budget and the annual report for approval of the authority and the board. (5) Recommend employment of, direct, super- vise, and recommend personnel actions re- garding authority employees in accordance with the county's human resources policies and procedures, except to the extent those policies and Procedures do not apply to the authority as exempted by the authoritfs administrative code. The executive director shall, also direct and supervise professional service providers engaged by the authority. (6) Carry out such other powers and duties as may lawfully be assigned by the authority. (e) The executive director shall be qualified by executive and adminiatrative experience. Mini- mum qualifications for the executive director are to be specified in the adminlhtrative code. The compensation-of the executive director as speci- fled in the applicable employment agreement shall be set by the authority in accordance with the budget approved by the board, and in accor- dance with the county's human resourCe~ and procedures, except to the extent those -Policies AVIATION § 18-62 and procedures do not apply to the authority because of exemptions provided for in the authority's administrative code. (Ord. No, 95-67, § 10, 11-14-95) Sec. 18-46. Non-interference. Members of the authority may communicate with employees, officers, agents under the direct or indirect supervision of the executive director, including professional services providers, for the purpose of inquiry or information. Except for purpose of inquiry or information, no member of the authority shall give directions to or interfere with any employee, officer, agent, or with any professional services provider under any direct or indirect supervision of the executive director. (Ord. No. 95-67, § 11, 11-14-95) Sec. 18-47. Transfer of property and person- nel. (a) The county has leased to the authority for the consideration of $10.00 all three Collier County airports and all real property improvements thereon owned by the county. Subject to passage of a special act of the legislature authorizing same, the board'may convey the fee title to each of the three airports to the authority. Each such conveyance shall be subject to existing applicable airport use and reversionary clauses in the chain of title, and be subject to paragraph (c) of section 18-48, below. (b) The county has conveyed to the authority all personal property related to the three airports, including all personal property airport systems, equipment, and materials then under the man- agement, direction or control of the board. (c) Any county employees tr-n~ferred to the authority shall remain county employees and be subject to the county's human resources policies and procedures, except to the ex~. nt those policies and procedures do not apply' to the authority because of exemptions provided for in the authority~s administrative code. (Ord. No. 95-67,. § 12, 11-14-95) Supp. No. 3 Sec. 18-48. Merger;, dissolution. (a) There shall be no merger involving the authority and any other unit of government with- out prior approval of the board. (b) The charter of the authority may be re- yoked and the authority unilaterally dissolved by an ordinance adopted by the board. Such action by the board dissolving the authority shall occur subject to (1) the legal rights of bondholders, the executive director, and all employees of the au- thority, and (2) a dissolution plan adopted by the board. (c) Dissolution of the authority shall automat- ically t~nn.~fer to the county all right, title and interests to all real and personal property deeded, leased, assigned to or otherwise conveyed by every mesn.~ whatsoever to the authority along with all other property nnd interests in property otherwise acquired by the authority. Dissolution shall be subject to all contracts, other obligations and indebtedness of the authority. (Ord. No. 95-67, § 13, 11-14-95) Secs. 18-49--18-60. Reserved. DMSION 3. FACILITY RULES AND KEGUI~TIONS Sec. 18-61. Title and citation. This division shall be known and may be cited as the "Collier County Airport Rules and Regula- r-ions Ordinance." (Ord. No. 90-29, § 2) Sec. 18-62. Definitions. The following words, terms and phrases, when used in this division, shall have the mennings ascrMed to them in this section, except where the context clearly indicates a different megnin~ Aircraft means a device designed, used, or in- tended to be used for navigation or flight in the air', excluding parachutes, hot-air balloons, ultralights, hang gliders or other devices not licensed or certified by the FAA_ Aircraft accident means an occurrence associ- ated with the operation of-an ~; .... ~ ..-~___~h~-- CDlS:9 JA[t 1 2003 § 18-62 COLLIER COUNTY CODE occurs between the time any person boards the aircrai~ with the intention of flight, until such time as all such persons have deplaned, and in which an~; person suffers death or serious injury as a result of being in or upon the aircraft, or by direct contact with the aircraft or anything at- tached thereto or in which the aircrat~ received substantial damage. Aircraft fire and rescue vehicles means those vehicles approved and routinely operated by county personnel for response to aircraft crash, fire, and rescue situations at the airport. Aircraft incident me~n.~ an alert situation asso: dated with the operation of an aircraft not meet- lng criteria as outlined in AirCraft accident. Air operation area (AOA) means an area of the airports used or intended to be used for landing, takeoff, or surface maneuvering of aircraft. Airport(s) means the county Immokalee Airport and/or the Everglades Airport and any other right-of-way owned, leased, operated or hereafter acquired and placed under the jurisdiction, con* trol and administration of the board of county commi.~sioners for aviation purposes. Airports service equipment me-n.~ those vehi- cles and equipment approved and operated by the county used for service, m~intenance, and con- struction on the airports. Aviation operator means any person engaged in business of an aviation nature under authority of a lease or permit from the board. Commercial operations means all operations on county airports for commercial purposes. Courtesy vehicles means those vehicles oper- ated to and from the airports, specifically for the transportation and convenience of their patrons or prospective patrons, for which no compensa- tion is rendered, for hotels, motels, public parkin g firms, car rental companies, and other commer- ciai operations. Emergency vehicles means those vehicles, ex- cluding aircraft fire and rescue vehicles and other county authorized vehicles, approved and rou- Supp. No. 3 tinely operated for response to emergency situa- tions, including ambulances and other mutual aid equipment. Environmental buffer zone means those areas, within a fence barrier, set aside by the federal, state or local government as ecologically, sensi- tive. FAA means the Federal Aviation Administra- tion or its statutory successor. Fence barrier means all wire fencing (to include chain link), airport buildings, masonry barriers, and/or any other structure that now, or shall in the future, enclose airport property which prohib- its direct access to the air operations area. . Fence barrier openings means all closeable open- ings that are part of the fence barrier, i.e., wire gates, both pedestrian and vehicular, electric or manual; all doors located on or within buildings that form parc of the barrier and open onto air operations area. Fixed base operator means those aviation oper- ators who furnish and engage in a full range of aeronautical services and activities for the public, line service, sale of aircraft, parts and supplies, maintenance and repair of airframes and engines, aircraf~ charter and rental. Gross weight (MGLW) means the certified max- imum allowable gross landing weight of an air- craig, as determined by the manufacturer, Fed- eral Aviation Administration, or any other governmental agency having jurisdiction. Ground support equipment means those vehi- cles and equipment approved and routinely used on the aircraft aprons or parking areas in support of aircraft operation. Ground vehicles means the category of vehicles and equipment having authorized access to the AOAincluding: airport service equipment, ground support vehicles, aircraft fire and rescue vehicles, and all other emergency and county authorized and operated vehicles necessary for the safe and secure operation of the airports. Itinerant pilot means a pilot operating an air- craft not based at the airport.. CD18:10 JAN 1 :103 AVIATION § 18-65 Landing area means all aircraft operation ar- eas, including runways, taxiways, ramps and aprons. Lease agreement or lease means a contract by which the county has conveyed real or personal property to an individual, partnership, firm, or- ganization, association, company or corporation. Leased aircraft mean.~ an aircraf~ in the sole possession of the lessee and being utilized in the pursuit of the commercial activities authorized through the lease agreement with the board. Lessor means the board of county commission- ers which has conveyed an interest in real or personal property. Manager, airport manager means the county administrator or his designee, acting under the direction of the board, who shall be charged with the duties of enforcing these rules and regula- tions, and of administering and controlling any airport property. Motor vehicles means any and all motor-driven vehicles. Movement area means the runways, taxiways, and other areas of the airports which are utihzed for ta~ing, takeoff, and landing of aircraft. Private plane me~ns a plane operated by an individual owner for pleasure or of other purpose, where no direct monetary return is received from its operation. Public airport means an airport which is open to the general flying public, and at which com- modities or services are offered for sale to the general flying public. Public parking facilities means all automobile parking facilities provided for the public at the Solicitation, to solicit mean to directly or indi- rectly, actively or passively, openly or subtly, ask (or endeavor or obtain by asking), request, im- plore, please for, importune, seek, or try to obtsin. Tenant means any individual, partnership, firm, organization, association, company, corporation, Supp. No. 3 being a part of a fully executed lease agreement with the board for lands or structures at any county-owned and county-leased airport. Transient aircraft me~ns an aircraft not using the airports as its permanent base of operations. Ultralight vehicle mesns a vehicle used or in- tended to be used for manned operation in the air by a single or dual occupant which meets all requirements as specified by Federal Aviation Regulations, Part 103.1. Vehicle means any conveyance, except aircraft, used on the ground to transport persons, cargo, or equipment including: airport service equipment, ground support vehicles, aircraft fire and rescue vehicles, and all other emergency and county authorized and operated vehicles necessary for the safe and secure operation of the airports. (Ord. No. 90-29, § 4) Cross reference--Definitions generally, § 1-2. Sec. 18-63. Findings and purpose. The board of county commissioners does hereby find that rules and regulations for county-owned and county-leased airports are necessary and essential to the health, welfare, and general well- being of residents and tourist economy. (Ord. No. 90-29, § 1) Sec. 18-64. Applicability. This division shall apply to and be enforced in all unincorporated areas of the county. (Ord. No. 90-29, § 3) Sec. 18-65. Adoption. (a) The board of county commissioners shall adopt by resolution the airport rules and regula- tions. Said adopted rules and regulations shall have the full force and effect of l'~w and shall be binding upon all persons and activity at any county-owned and county-leased airport. The board of county commissioners may amend said airport rules and regulations by resolution approved by the board of county commissioners at regularly advertised commission meetings. (b) Nothing herein contained shall present or restrict the county from taking such other lawful action in any court of compete---: ;~.~3~W=.~ § 18-65 COLLIER COUNTY CODE necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include, but shall not be llm~ted to, an equitable action for injunctive relief or an action at law for damages. (c) Nothing in this section shall be construed to prohibit the county from prosecuting any viola- tion of this divisior~ by me~n.~ of a code enforce- ment board established pursuant to the authority of F.S. ch. 162. (d) All remedies and penalties provided for in this section shall be cmmulative and indepen- dently available to. the county and the county shall be authorized to pursue any and all reme- dies set forth in this section to the full extent allowed by law. (Ord. No. 90-29, § 6) Sec. 18-66. Compliance with other federal/ state or local codes. All other ordinances not in conflict with the airport rules and regulations of the county shall also be enforced on all airports and airport prop- erty under the jurisdiction, administration and control of the county and violators may be pun- ished in accordance with the particular federal, state or local ordinance, statute, code, rule or regulation violated. All persons shall comply with apphcable ordinances, codes, rules and regula- tions, inclusive of but not limited to state law relating to a/rcrai'c and aviation, which are hereby adopted by reference as an aid to make uniform air traffic laws throughout the county and for county-owned and county-leased property. (Ord. No. 90-29, § 8) Supp. No. 3 CD18:12 EXECUTIVE SUMMARY AUTHORIZE THE COUNTY ATTORNEY'S OFFICE TO PREPARE AND ADVERTISE AN AMENDMENT TO THE LIVINGSTON ROAD BEAUTIFICATION PHASE II MSTU ORDINANCE TO EXCLUDE GREY OAKS PROPERTIES AND TO DELETE GREY OAKS REPRESENTATION ON THE MSTU ADVISORY COMMITTEE. OBJECTIVE: To amend the Livingston Road Phase I1 Beautification MSTU ordinance to remove Grey Oaks properties from the MSTU, to delete Grey Oaks representation on the MSTU Advisory Committee, and to approve payment of Grey Oaks' pro-rata share of costs incurred. CONSIDERATIONS: Following receipt of the Notice of Proposed Taxes (TRIM Notice), numerous citizens expressed concerns regarding the proposed FY 03 Livingston Road Beautification MSTU tax levy. The Board of County Commissioners conducted a workshop regarding funding for median beautification and maintenance on September 5, 2002. Property owners impacted by this proposed tax levy provided the Board with valuable input and requested that the millage rate be reconsidered. Many property owners indicated they were unaware of the request to form the MSTU. However, it was also recognized that obligations had already been incurred on behalf of the MSTU for administrative expenses and lbr upgraded, decorative street lighting. The Board had previously approved advance funding for these expenses to be repaid from future MSTU taxes. At the final budget public hearing on September 18, 2002 the Board made the policy decision not to lev>' ad valorem taxes in the Livingston Road Phase II Beautification MSTU in FY 03. However, costs incurred for administration and decorative street lighting would be recouped in full with an FY 04 tax levy in this MSTU. On December 17, 2002 Grey Oaks property owner representative Mr. Tor Kolflat presented a public petition to the Board of County Commissioners to request Grey Oaks removal from the MSTU. In addition, Grey Oaks Development Corporation has committed to the Commission and the property owners to pay for the Grey Oaks' portion of the MSTU start up costs and for the pro-rata share of costs to provide decorative streetlights. To this end, there is $150,000 in an escrow account to satisfy the Grey Oaks' pro- rata share of costs incurred. The Board's direction to staff was to bring back this matter as a Regular Agenda item at the next County Commission meeting. As noted in the following analysis, the costs incurred to date for administration and for decorative streetlights amount to $253,583. Based on information provided by the Property Appraiser's Office, the Grey Oaks taxable value represents 53.09% of the total taxable value in the Livingston Road Phase II Beautification MSTU. Therefore, Gr :y Oaks pro-rata share of the total costs incurred amounts to $134,627.21. /°' JAI' I lq g003 F,g.__j'~ Executive Summary Page 2 Livingston Road MSTU Analysis Expenses Transfer (Transportation Engineering Support) Street Lights Total Repayment of Costs Incurred $25,000 $228,583 $253,583 Grey Oaks Proportionate Share $134,627.21 Grey Oaks Taxable Value Kensington Taxable Value Wyndemere Taxable Value Miscellaneous Taxable Value Total Taxable Value %of Total $452,466,094 53.09% $2t5,106,989 25.24% $175,762,739 20.62% S8,983,053 1.05% $852,318,875 100.00% FISCAL IMPACT: The total costs incurred in the Livingston Road Phase II Beautificatio.n MSTU amount to S253,583. The Grey Oaks pro-rata share amounts to 5134,627.21 and will be paid in full to Collier County from an escrow account as noted previously. The remaining costs incurred will be recouped from an FY 04 tax levy from the properties remaining in the Livingston Road Phase II Beautification MSTU. GROWTH MANAGEMENT IMPACT: There is no Grow th Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners authorize the County Attorney to prepare and advertise an amendment to the Livingston Road Beautification Phase II MSTU to remove Grey Oaks properties from the boundaries of the MSTU, adjust the MSTU Advisow Committee to eliminate Grey Oaks representation, and to attthorize acceptance of a payment from Grey Oaks for their pro-rata share of costs incurred. Michael Smykowski, OMB Director REVIEWED BY: 13avid C. ~ Cou3~y Weigel, Attorney ~PROVEDB :/ _~w. . U~s V. Mudd, County Mare Date: Date: Date: JAN lq December 16, 2002 ~ ~k ~,co~ Commissioner Fred W. Coyle Collier County Commission 3301 East Tamiami Trail Administration Building, 3ra Floor Naples, Florida 34112 Re: Livingston Road Phase ii Beautification MSTU Dear Commissioner, As you are aware, a majority of the property owners within the Grey Oaks community have determined they do not desire to remain within the £ivingston Road Phase II Beautification MSTU. We have examined the petitions executed by the property owners and verified this desire. On this basis, we respectfully request that the County Commission remove all Grey Oaks properties from the aforementioned MSTU. Grey Oaks Development Corporation has committed to the Commission and the property owners to pay for Grey Oaks' portion of the MSTU start up costs and of the costs to upgrade the streetlights, which have been incurred to date. We understand that these costs total an amount less than $ 150,000 and are placing $150,000 in escrow with our attorney's, Grant, Fridkin, Pearson, Athan and Crown. P.A. to be payable to the Countv as soon as the exact amount has been agreed upon. We will be attending the December 17 Commission Meeting at which Grey Oaks property oxvner representative Mr. Tor Kolflat has been agendaed to request Grey Oaks removal from the MSTU. Please contact me if you have further questions regarding this matter. Very/.trul y urs, ;~ .' Thomas W. Cc: Collar County Commissioners Jim Mudd, County Manager Norm Feder, Director of Transportation Lu Lackore, Livingston Road MSTU Advisory Committee Bob Peterson, MSTU Coordinator Tor Kolflat, The Estates at Grey Oaks Homeowners Association Helen Athan, Esq. Grey Oaks Property Owners Association Board of Directors Grey Oaks Development Corporation 2600 Golden Gate Parkway, Suite 105 · Naples, FL 34105 · 239.403.6800 · F,rt; 239.403.6808 ....... EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING CONDEMNATION OF FEE SIMPLE TITLE INTERESTS AND/OR THOSE PERPETUAL OR TEMPORARY EASEMENT INTERESTS REQUIRED FOR THE CONSTRUCTION OF A SlX-LANE SECTION OF VANDERBILT BEACH ROAD BETWEEN AIRPORT ROAD AND COLLIER BOULEVARD (CR 951) (CAPITAL IMPROVEMENT ELEMENT NOS. 24 AND 63, PROJECT NO. 63051). ESTIMATED FISCAL IMPACT: $5,765,600. OBJECTIVE: To adopt a Resolution authorizing the acquisition by condemnation of fee simple interests and/or such easements as are necessary for the construction of a six-lane section of Vanderbilt Beach Road between Airport Road and Collier Boulevard (CR 951). CONSIDERATIONS: Concurrency requirements indicate that construction of improvements to this roadway segment should commence late in the fourth quarter of 2003, and the Board is hereby advised that the condemnation of property will most likely be necessary in order to meet this schedule. The Board of County Commissioners has been advised through numerous public meetings, MPO meetings, and documentation of the various alternative routes and typical roadway sections considered by its professional engineering staff and consultants, and of the environmental impacts and costs of each engineering alternative, and of the public health, safety and welfare considerations, and of the long-range planning implications posed by each alternative. A Public Information Meeting was held on June 6, 2001 to inform the public of project details and to receive feedback from the public regarding the project. The Board has determined that the legal descriptions, and the interest in real property specified on each legal description, which are a part of the attached Resolution, represent the most feasible location, and are necessary for the construction of the proposed improvements to Vanderbilt Beach Road (see attached memorandum dated December 19, 2002 with Attachments A & B). The location of stormwater treatment ponds has been determined based on hydraulic and operational characteristics, maintenance considerations and minimization of wetland impacts. Each and every pond site within the project limits, as determined according to the above-described engineering analysis, was further reviewed and each pond was carefully configured on each affected property so as to minimize damages and negative impacts to the remaining real estate. The Board of County Commissioners has been further advised that it is necessary and in the public's best interest to acquire, by condemnation if necessary, those interests in real property' specified on each legal description attached to the Resolution. FISCAL IMPACT: The schedule for the acquisition of those interests in real property specified on each legal description attached to the Resolution may result in the condemnation of every parcel required for the construction of the six-lane section of Vanderbilt Beach Road between Airport Road and Collier Boulevard (CR 951). While staff will continue to attempt to negotiate settlements without resorting to the County's power of eminent domain, should the condemnation of every parcel be required in order to meet the schedule for the commencement of construction, the cost to acquire all of the remaining unsecured right-of-way, and such other easements as may be required, is estimated at $5,765,600. This amount includes the cost of all real property rights required for construction of the proposed improvements, as well as all expenses for title work, real JAN 1 2003 estate appraisals, staff time, and those expenses, such as property owner attorney fees and expert witness fees, which the County is required to pay according to Sections 73.091 and 73.092, F.S. All such payments will come from the Transportation Supported Gas Tax fund and the Road Impact Fee District I and Impact Fee District 6 funds. Source of funds are gas tax and road impact fees. GROWTH MANAGEMENT IMPACT: As part of the County's Capital Improvement Element, the Vanderbilt Beach Road project is an integral part of Collier County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County: 1. Adopt the attached Resolution; 2. Authorize its Chairman to execute same on behalf of the Board; and 3. Authorize any budget amendments that may be necessary to implement the collective will of the Board as evidenced by the adoption of the attached Resolution and the approval of this Executive Summary. SUBMITTED BY: ~.~. DATE: / ,¢:~vin He~'dric~, Ri'~h{'c{f-V~a~-/~;~uis;Ci'on Manager ~sportation Right of Way Offic~'- REVIEWED BY: , '? ~.~ -,'- ~ '. ~.. .... ,~ ~ , -'* DATE: ~:~ Allen R. Ruth, P.E., Senior Project Manager Tr~spo~ation Engine?ng & Construction Management · ~ - .~, ~-- DATE: Dale~ Bathon, P.E., Principal Project Manager ~or~~ & Construction Management REVIEWED BY: . DATE: Gregg ~. Strakaluse, P.E., Director Transp~tation,Enaineering & Construction Management Department APPROVED BY: ,~ ' ~'~ DATE: Nor~n E. F~der, AICP, Administrator TraCspo~ation Division / No, iL,' JAN I 4 Pcj ~ MEMORANDUM DATE: December 19, 2002 TO: James Mudd, County Manager FROM: Norman E. Feder AICP, Administrator, Transportation Services Division SUBJECT: Condemnation Resolution for Vanderbilt Beach Road from Airport-Pulling Road to Collier Boulevard. Project No. 63051 On January 14. 2003, the Board of County Commissioners ~vill consider the adoption of a Condemnation Resolution for the property interests necessary to six-lane Vanderbilt Beach Road from Airport-Pulling Road to Collier Boulevard. This fix e-mile project includes a divided six- lane roadway with sidewalks and bike lanes on both sides. This project excludes a 1500-foot section of Vanderbilt Beach Road that is being constructed as part of Livingston Road, Phase III, Proiect No. 62071. This memorandum contains vital int'ormation that the Board of County Commissioners must consider in adopting this Resolution. As you are aware, this roadway has been on the County's long-range plan for many years. It has bee~ the subject of Board meetings, MPO meetings and various other public meetings. This memorandum shall serve to supplement and recap the documentation previously provided to, or presentations made to, the Board. Also, the county attorney's office has advised that you must consider the following criteria when adopting the condemnation resolution: Alternate Routes The need for additional east-west arterial capacity within Collier County for travel demands east of Airport-Pulling Road has been identified and studied at the long range planning level for more than a decade. Due to past and current development patterns, few alternatives exist other than the existing roadway alignments. Pine Ridge Road (CR 896) is currently a six-lane roadway between US 41_531'1d I.o~nn ltd r Page l of 4 JAN 1 7_003 Boulevard. Immokalee Road is currently a four-lane roadway from 1-75 to Collier Boulevard (with provisions for future six-laning). Both Immokalee Road from U.S. 41 to 1-75 and Golden Gate Parkway from Airport-Pulling Road to Santa Barbara Boulevard are currently under design for expansion to six lanes. Future design plans will complete the improvements of portions of Radio Road, Davis Boulevard, and Rattlesnake-Hammock Road to four-lane roadways. The Vanderbilt Beach Road corridor is one of only six east-west corridors in Collier County. The construction of upgraded roadways intersecting Vanderbilt Beach Road, such as Livingston Road (currently under construction) and Collier Boulevard (currently under design), as well as the additional development activity along the corridor, will place additional capacity demands on Vanderbilt Beach Road. To meet current and future capacity needs, the only viable alternative is to widen Vanderbilt Beach Road to six lanes at this time. Safety Factors The design of the Vanderbilt Beach Road improvements has been conducted to meet the standards as defined using the Florida Department of Transportation (FDOT) Roadway and Traffic Design Standards: the FDOT Plans Preparation Manual. and related design manuals: the American Association of State Highway and Transportation Officials fAASHTO) Policy on Design of Urban Highways and Arterial Streets; the Manual on Uniform Traffic Control Devices (M~'TCIS); the Collier County Policy for Access Management I'or Arterial and Collector Roadways I. Resolution No. 92-442 as amended bv Resolution 01-247, dated June 26, 200l ); and the Public Rights of Way Construction Standards Handbook to ensure the safe movement of people and goods within the project limits. There ,,,,'ere no "Design Exceptions" such as substandard lane widths or median widths identified for this roadway. Long Range Planning Factors The Long Range Transportation Plans (LRTP) for Collier County have evaluated the future travel demand needs using factors such as social impacts, environmental impacts, costs, safety and provision for alternatives. Since at least the 2010 LRTP (adopted in 1992), and reiterated in the following updates for 2020 LRTP (original adopted 1996, updated 1999) and the 2025 LRTP (adopted 2001), the need for upgrading Vanderbilt Beach Road has been identified. The project improvements are consistent with current and near future travel demand needs and the availability of financial resources. Originally proposed to be six lanes from Airport-Pulling Road to Logan Boulevard, and from there four lanes to Collier Boulevard, the Board subsequently approved the six-laning of the Vanderbilt Beach Road project over its full length at the November 5, 2002 Board meeting. Page 2 of 4 '~,G E.kN D A I_T..E M JAN I 2503 impacts to environmentally En,dronmental Factors . Long-range planning criteria require the consideration of truction utilizing existing sensCNe areaS'~e t co~idors have t Ai~o¢-Pul~ing Road to Co~lier Boulevard of Vanderbilt BeaCh Road from minima~ environmental impacts, reatened and Endangered U.S. Fish & Wildlife Service and the :~ commiSSiOn. A T~ .... ~ect has also been pro~ect has been coordinated with both the The . , . · Conser~at~un ~ .:.,~ findings. '~ne ~t~ ..... ~x and the <~ocies Sur~ey w~s ~-.,~ Florida Water ~ .... = conducted, and wet~and areas °~i~ ed with the 5oum survey was will cou~ .... at A wetland Army Co~S o[ Engineers. these wedandS wiB be minimal and along the corridor were flagged, impacts be~ifigatedthrough''¢itigati°nbankmg ' ~e took more localized " . ~-~ merit determination ~s~vf 're retention/detentiOn .. ' s during the ah~,,~t auch as choosing mc ~,,sl result, this Evaluauon ,~ :~ues into accu~ .... management s~s~em. As a env~ronmenta~ ~ surface water ,' 2 swales and dry detention system ponds and developing th~, .,,~tlal lakes, drama~ ,__: .... ~ Memorandum of bination ot .xreas for water treatment au~ Vanderbi~t BeaCh ~ .... a 2 09 attached/. Ultimate st°rmwate(mS}J'~'~a~C' na~ the ~ar~'ey December ?' 2~, the 1-75 Canal, the ~ ' ation with the s~MD ~ h.s been coordm ,h En~,ironmental k¢port-Pu~hng cana, Canal and the CR 95l Canal. tt~,* ..a , ~e ann~icauon ~v, ,,.e project will reoarding surface water drainage issues, ann m r~ future. The Rjsource perm¢ for this pro~ect will be made in the near resukr kn an overall net benefit to the exiSdng surface water management system. . sidered from the initial ostS b n con ,. .' o the C . -.^mentS has ee desicn, m°re 3p , . . .. , s of developing the financially feasible Capital impro~'ement Program. The design of the improvements has been made to maximize the impr°~ement benefit with the minimum amount of impactS. The pro~ect includes a typical six-lane section with sidewalks and bike lanes on both sides. The typical section that wiB be used in this proSect has been approved by the Board. The corridor is bounded on the north and Count park, a cemetery, together with commercml Pf pemes ann upaevetope .l°ts' south sides by residential developmentS, a golf course, an elementary school, a traffic flow. In The rJad alignment has gone through revisions to mtmmtze the taking of addtuonal right of way, and to provide for safe and efficient pedestrian and addition to shifting the Collier Boulevard intersection and the roadway alignment to the south beginning at a point 2000 feet west of the intersection (see CH2MHill ~ ':,'.~ ~.~, Technical Memorandum of March 4, 2002, attached), realignment to th Page 3 of 4 intersection minimized the impact to a proposed church development, the existing water treatment plant, potable water wells and utilities on the north side of the roadway. As a result, construction costs and the maintenance of traffic costs during construction are minimized. Construction on this three-year project is planned to commence early in fiscal year 2004. This project is part of an aggressive acquisition schedule to address the traffic movement and safety needs of the community. Thank you for your time and review of this vital information. C: Commissioner James N. Coletta, Chairman, District #5 Commissioner Tom Henning, Vice-Chairman, District #3 Commissioner Frank Halas, District #2 Commissioner Fred Coyle, District #4 Commissioner Donna Fiala, District #1 Leo Ochs, Assistant County Manager David Weigel. County Attorney Jacqueline Hubbard-Robinson. Assistant Countv Attornev Ellen Chadwell, Assistant County Attorney Heidi Ashton, Assistant County Attorney Gregg R. Strakaluse. P.E.. Director, TE&CM Department Don Scott. AICP. Director. Transportation Planning Department Dale A. Bathon, P.E.. Principal Project Manager. TIE&CM Department Allen R. Ruth. P.E.. Senior Project Manager, TE&CNI Department Page 4 of 4 TECHNICAL MEMORANDUM Vanderbilt Beach Road-Drainage Analysis ATTACHMENT A CI-12MHILL PREPAREDFOR: PREPARED BY: DATE: SUBJECT: Collier County Transportation Engineering and Construction Management Department Bill Gramer, P.E. December 19, 2002 Vanderbilt Beach Road Widening Pro!ect (63051) Vanderbilt Beach Road - Drainage Analysis The Collier County Transportation Engineering and Construction Management Department and the Board of Collier County Commissioners has proposed the six-lane widening of Vanderbilt Beach Road (VBR) from Airport Pulling Road to Collier Boulevard (CR 951). CH2M HILL was selected by Collier County to prepare the design of this corridor based on the Phase I (30%) documents (dated October 31, 2000) prepared by Collier County staff. Presently the Vanderbilt Beach Road design is approaching its Phase III (90%complete) milestone. Project Description Vanderbilt Beach Road (CR 862) is currently under design to improve the existing facility from a two lane rural arterial to a six lane urban collector. The project is located in west central Collier County. The drainage design prepared for this project was based on the "Surface Water Management and Pond Siting Report" dated January 2001, prepared by Wilson Miller for Collier County. The report was reviewed by CH2M HILL and the basic concepts discussed in the report were utilized to prepare the final drainage design. CH2M HILL also prepared a Preliminary Drainage Report - dated February 2002, which explained the concepts of the drainage design. This technical memo will describe the criteria used to determine pond locations as well as cover certain specific design requirements of the different sub-basins along the project corridor. Pond Selection Criteria Within each basin, CH2M HILL designed the on-site drainage system and strategically placed "ponds" based on the following criteria: I. Pond Selection Criteria Outline ^) Hydraulics · Basin divides · Sizing of pipe runs Historic conveyance B) c) D) Flooding potential Environmental Wetlands · Habitat · Agency requirements Constructability · Pond depths, Seasonal High Water (SHW) · Costs · Joint-use agreements with private developers adjacent to project Property. Acquisition · R/Wlimits (parcels) · Future widening & growth · Collier County Land Development Code II. Pond Selection Process This process was used to evaluate and determine potential pond locations. · Evaluate basin divides and set limits based on existing topography and existing drainage divides · Determine On Site and Off Site run-off water contribution within divides (Contributory Volumes) · Calculate size of pond required based on volume and storage/discharge requirements (hydraulics) · Based on seasonal high water elevation and existing topography, determine overall pond size including berms, set backs, etc. · Review available parcels and choose potential locations · Evaluate wetland/environmental impacts · Design pipe runs based on hydraulic grade line - determine minimal pipe sizes · Review pond constructability with regard to geotechnical information (borings taken) · Design ponds with input from County R/W personnel to minimize parcel impacts · Review pond and drainage structure location/elevations with the South Florida Water Management District (SFWMD) · Modify pond areas based on County and SFWMD input · Re-check calculations to assure hydraulic parameters are adequate ~ ~QE~NDA gM · Finalize pond locations as best, cost effective, and most practical option Proposed Drainage Design The existing drainage patterns are distinct and can be divided into four major basins. Basin 1 - Airport Pulling Road to Livingston Road Basin 2 - Livin~tston Road to Logan Boulevard Basin 3 - Logan Boulevard to Collier Boulevard Basin 4 - Collier Boulevard to 2,800 ft east of Collier Boulevard Basins 1 through 3 contain several sub-basins and Basin 4 is a small 2,800-foot segment just east of Collier Boulevard (CR 951). This report provides a discussion of the characteristics of each sub-basin and provides an overall summary of the proposed storrnwater management system. Basin 1 - Airport Pulling Road to Livingston Road This Basin is divided in to several sub-basins winicn collect, treat, attenuate and convey the stormwater. The runoff eventually d ischarges to the Airport-Pulling Canal. Basin lA - From Airport-Pulling Road to Naples The roadway runoff from Airport-Pulling Road :,'. Naples Walk will be collected in a closed drainage system. The drainage area heine c~,ilected in Basin lA is 3.86 acres (3.58 Acres impervious and 0.28 Acres pervious ~. Along this segment of Vanderbilt Beach Road, no undeveloped parcels of land remain to satisfy the stormwater management requirements. Due to this constraint, the flow from the roadway will be directly discharged west to the Airport-Pulling Canal. As discussed at the pre- application meeting with SFWMD, the improvements to Vanderbilt Beach Road will be viewed as a net improvement to the facility from the District's standpoint. This will allow the design to have some flexibility' from an overall water quality/water quantity position because the overall project will have a net benefit to the existing surface water management system. Basin lB - From Naples Walk to Livingston Road The northern half of the roadway from Naples Walk to Livingston Road will be collected in a closed drainage system. The drainage area being collected in Basin lB is 4.46 acres (3.69 Acres impervious and 0.77 Acres pervious). Along this segment of __ i -~o,._./%J, r-- JAN 'l ~ ~C33 Vanderbilt Beach Road, no undeveloped parcels of land remain to satisfy the stormwater management requirements. Due to this constraint, the flow from the roadway will be directly discharged west to the Airport-Pulling Canal. As discussed at the pre-application meeting with SFWMD, the improvements to Vanderbilt Beach Road will be viewed as a net improvement to the facility from the District's standpoint. This will allow the design to have some flexibility from an overall water quality/water quantity position because the overall project will have a net benefit to the existing surface water management system. The southern half of the roadway from Naples Walk to Livingston Road will be collected in a closed drainage system. The drainage area being collected in Basin lB is 4.27 acres (3.63 Acres impervious and 0.64 Acres pervious). Along this segment of Vanderbilt Beach Road, the runoff will be discharged into the existing Piper's Grove and Orchards communities. Existing drainage facilities located in the Vanderbilt Beach Road R/W were designed, permitted and constructed to allow for the treatment and attenuation of runoff for the south side of the proposed Vanderbilt Beach Road widening project. Basin 2 - Livingston Road to Logan Boulevard This Basin is divided in to several sub-basins which collect, treat, attenuate and convey the stormwater. The runoff eventually discharges to the 1-75 Canal. Basin 2A - From Livingston Road to 1-75 The roadway from Livingston Road to 1-75 will be collected in a closed drainage system. The drainage area being collected in Basin 2A is 12.38 acres (10.25 Acres i[npervious and 2.13 Acres pervious). Along this segment of Vanderbilt Beach Road, the runoff will be discharged into the existing Village Walk community. Existing drainage facilities located in the Vanderbilt Beach Road R/W were designed, permitted and constructed to allow for the treatment and attenuation of runoff for the proposed Vanderbilt Beach Road widening project. Basin 2B - From 1-75 to Oakes Boulevard The roadway from 1-75 to Oakes Boulevard will be collected in a closed drainage system. The drainage area being collected in Basin 2B is 2.12 acres (1.83 Acres impervious and 0.29 Acres pervious). Upon review of the pond siting criteria, existing site conditions and available right of way, CH2M HILL concluded that the most efficient and economical way to treat, attenuate, and convey stormwater would be by way of lateral ditch (pond) along Vanderbilt Beach Road. Along this segment of Vanderbilt Beach Road, the runoff will be discharged into a lateral pond located within the existing R/W along the south side of the roadway. Basin 2C - From Oakes Boulevard to Station 295+00 The roadway from Oakes Boulevard to Station 295+00 will be collected in a closed drainage system. The drainage area being collected in Basin 2C is 6.03 acres (5.24 Acres impervious and 0.79 Acres pervious). Upon review of the pond siting criteria, existing site conditions and available right of way, CH2M HILL concluded that the most efficient and economical way to treat, attenuate, and convey stormwater would be by way of lateral ditch (pond) along Vanderbilt Beach Road. Along this segment of Vanderbilt Beach Road, the runoff will be discharged into a lateral pond located within the existing R/W along -'he south side of the roadway. Basin 2D- From Station 295+00 to Logan Boulevard The roadway from Station 295+00 to Logan Boulevard, will be collected in a closed drainage system. The drainage area being collected in Basin 2D is 9.77 acres (7.92 Acres impervious and 1.85 Acres pervious). Upon review of the pond siting criteria, existing site conditions and available right of way, CH2M HILL concluded that the most efficient and economical way to treat, attenuate, and convey stormwater would be by way of lateral ditch (pond) along Vanderbilt Beach Road. Along this segment of Vanderbilt Beach Road, the runoff will be discharged into a lateral pond located within the existing R/W along the north side of the roadway. A 2,600-foot section of the existing Vanderbilt Beach Road Canal will be relocated within existing R/W to accommodate the proposed lateral pond. Basin 3 - Logan Boulevard to Collier Boulevard This Basin is divided in to several sub-basins which collect, treat, attenuate and convey the stormwater. The runoff from the section of the roadway from Logan Boulevard to the Harvey Canal eventually disci~at'ges to the 1-75 Canal. The runoff from the section of the roadway from the Harvey Canal to Collier Boulevard eventually discharges to the Harvey Canal. Basin 3A - Logan Boulevard to the Ha~'ev Canal The northern half of the roadway from Logan Boulevard to the Han, ey Canal will be collected in a closed drainage system. ~e drainage area being collected in Basin 3A is 7.11 acres (6.01 Acres impervious and 1.10 Acres pervious). Along this segment of Vanderbilt Beach Road, the runoff will be discharged into the existing Islandwalk community. Existing drainage facilities located in the Vanderbilt Beach Road R/W were desired, permitted and constructed to allow for the treatment and attenuation of runoff for the proposed Vanderbilt Beach Road widening project. Basin 3B - Logan Boulevard to the Ha~ey Canal ~e southern half of the roadway from Logan Boulevard to the Han, ey Canal will be collected in a closed drainage system. ~e drainage area being collected in Basin 3B is 7.04 acres (5.84 Acres impervious and 1.20 Acres pervious). Along this segment of Vanderbilt Beach Road, the runoff will be discharged into the existing Islandwalk community. Existing drainage facilities located in the Vanderbilt Beach Road R/W were designed, permitted and constructed to allow for the treatment and attenuation of runoff for the proposed Vanderbilt Beach Road widening project. Basin 3C - Harvey Canal to Collier Boulevard The roadway from the Harvey Canal to Collier Boulevard will be collected in a closed drainage system. The drainage area being collected in Basin 3C is 15.23 acres (12.02 Acres impervious and 3.21 Acres pervious). Upon review of the pond siting criteria, existing site conditions and available right of way, CH2M HILL concluded that the most efficient and economical way to treat, attenuate, and convey stormwater would be by way of lateral ditch (pond) along Vanderbilt Beach Road. A major cost savings of this approach is the savings in storm sewer pipe that would be needed to convey runoff to offsite ponds and then to the Harvey Canal. In addition, offsite ponds would require full parcel takes from several owners. Along this segment of Vanderbilt Beach Road, the runoff will be discharged into a lateral pond located within along the south side of the roadway. Approximately 60 feet of additional R/W will be required for this lateral pond. Basin 4 - Collier Boulevard to 2,800 feet east of Collier Boulevard This Basin consists of one basin which collects, treats, attenuates and conveys the stormwater. The runoff from this section of roadway eventually discharges to the CR 951 Canal. The roadway from Collier Boulevard to 2,800 feet east of Collier Boulevard will be collected in a closed drainage system. The drainage area being collected in Basin 4 is 7.27 acres (5.58 Acres impervious and 1.69 Acres pervious). Upon review of the pond siting criteria, existing site conditions and available right of way, CH2M HILL concluded that the most efficient and economical way to treat, attenuate, and convey stormwater would be bv way of an off-site pond. Along this segment of Vanderbilt Beach Road, the runoff will be discharged into an off-site pond located just east of Webber Street on a undeveloped parcel. Stormwater ,,viii be treated and attenuated and then discharged to the CR 951 Canal. TECHNICAL MEMORANDUM ATTACHMENT B Vanderbilt Beach Road-Collier Boulevard Intersection Analysis CI-12MHILL PREPARED FOR: PREPARED BY: DATE: SUBJECT: Collier County Transportation Engineering and Construction Management Department Bill Gramer, P.E. March 4, 2002 Vanderbilt Beach Road Widening Project (63051) Vanderbilt Beach Road - Collier Blvd Intersection Analysis The Collier County Transportation Engineering and Construction Management Department and the Board of Collier County Commissioners has proposed the four-lane/six-lane widening of Vanderbilt Beach Road (VBR) from Airport Pulling Road to Collier Boulevard (CR 951). CH2M HILL was selected by Collier County to prepare the design of this corridor based on the Phase I (30%) documents (dated October 31, 2000) prepared by Collier County staff. Presently the Vanderbilt Beach Road design is approaching its Phase III (90% complete) milestone. Purpose: The following study has been developed in response to a request by Collier County to specifically re-evaluate options for the intersection of Vanderbilt Beach Road and Collier Boulevard due to potential impacts to the planned St. Agnes Church facility located on the north-east quadrant of the intersection. The current design for the St. Ag-nes Church facility (prepared bv Planning Development Incorporated) shows portions of the site located within future VBR R/W. This study also evaluates the future extension of the VBR corridor and its potential impacts to the Collier County North Regional Water Treatment Plant property, located approximately 2600 ft east of the VBR/Collier Blvd Intersection on the north side of the roadway. This report will consider R/W, utility., wetland, maintenance of traffic, and temporary (throw away) construction for the various options. Basis of Evaluation/Assumptions - Existing Conditions: The existing typical section of VBR Road in this area consists of a 2-lane undivided rural roadway. The current roadway is centered within the existing 60 ft right-of-way. The travel way consists of one 12 foot lane in each direction. The existing VBR roadway from Collier Boulevard (CR 951) to the east has no existing bicycle or pedestrian facilities within the right-of-way (the Collier County Land Development Code now requires a proposed roadway to have a sidewalk and a bike lane on both sides of the road). There is presently a traffic signal at the intersection of VBR and Collier Boulevard (CR 951). G,DIRECTOR'S FOLDER,EXECUTIVE SUEMARIE$\1-14-03 BCC MEE'rING\VANOERBiLT BEACH ROAD-631)51WBR_COLLIERBLVD_RELOCATION_E L AL AIT'O~(~ I ~ .'2 ;~3 There are a variety of utilities located in this section of roadway including a 20 RCWM, 30" Water, 36" Water, 24" Water, 4" Force Main, 30" Raw Water, 42" Water, and BT/OT/T/OE. These utilities are located on both the north and south sides of the road. Existing R/W varies from 145 ft wide west of the Vanderbilt Beach Road/Collier Boulevard Intersection to 60 ft east of the intersection. Wetlands are present in all four quadrants of the intersection to a varying extent. Proposed Improvements: A design speed of 50 MPH was approved with our Design Criteria Report and is used for this analysis (FDOT - Plans Preparation Manual - Section 1.9). The posted speed of the roadway will be 45 MPH. Typical Section - Travel Lanes: Per Collier County direction, the facility will be designed to accommodate a 6 lane section (3 - 12 foot travel lanes in each direction). Initial construction will be a 4 lane section that will facilitate future widening in the median, and which transitions to the existing 2 lane facility. Median Width: Per Collier County direction, a 22 foot median will be provided to allow for a left turn pocket, and a 10 foot raised median with Type E Curb and Gutter. Bike Lanes: Per Collier County direction, a 4 foot bike lane will be b~rovided in each direction adjacent to the outside lane. The'option of a wider 14 foot outside travel lane, that would function as a combination travel lane and bike lane, was eliminated for safety reasons. Sidewalk: Per Collier County direction, a 6 foot sidewalk will be provided on both sides of the road. Sidewalk will have a 6 foot utility strip between the sidewalk and the curb and gutter. In areas of right turn lanes the utility strip will be eliminated to reduce Right-of-Way (R/W) impacts. Water Storage and Treatment: A detailed water storage and treatment analysis has not been prepared for the section of VBR east of Collier Blvd, as the project limits end appro~imatelv $00 ft from the VBR/Collier Blvd intersection. For the purposes of this study, a brief analysis was 'performed and results determined that a combination of lateral ditches and dry detention ponds would be feasible. Certain lateral ditch/ponds sites have right-of-way impacts and wetland impacts associated with them, others have only right-of-way impacts. These findings are not reflected in the costs associated with the various alignments as the differential cost would not be substantial enough to influence the relocation evaluation. G:',DIRECTCR'S FOLDER\EXECUTIVE SUMMARIES\l-14-03 BCC MEETING\VANDERBILT BEACH ROAD - 63051',VBR_COLLtERE, LVD_RELOCA'~ )N_EVAL AL ATT B.DOC Lighting: Shoulder Lighting - Light poles on the outside shoulder of the roadway will be located 4 feet from the face of curb (in 6 ft. utility buffer) in urban sections. Light poles will be located 1 foot behind the sidewalk in areas where sidewalk is adjacent curb (Right turn pockets). Alternatives Evaluation: Three alternatives were investigated as part of this study. The study will identify a preferred alignment that is feasible, cost effective, and minimizes impacts to the St. Agnes Church facility while avoiding the Collier County North Regional Water Treatment Plant (WTP). Horizontal control points and criteria used for this alternatives evaluation includes: · Avoiding the WTP facilities - requires shifting the alignment approximately 80 ft to the south. · Based on a Design Speed of 50 MPH, two reverse curves of approximately 800 ft in length will be used (Minimum length of curve is 750 ft) for a total transition length of 1600 ft. · Transition sections have been added to the required transition length to align traffic prior to and after the intersection of VBR/Collier Blvd, for developing optional alignments. Description of Options: Option h Relocation of Vanderbilt Beach Road (to the south)- East of Collier Boulevard (CR 951) .Alignment consists of a 200 ft tangent section after the intersection of VBR and Collier Blvd and two reverse curt'es (approximately 1600 lineal feet) for a total transition length of 1800 LF. The 200 ft tangent section was provided to align the traffic once motorists cross over the intersection prior to beginning the transition. Alignment is currently shown in CH2M HILL 60% Plans · Maximum utilization of existing R/W west of intersection. · Impacts to utilities substantial · Construction schedule effected by utilitv relocations · Impacts to St. Agnes Church site approximately 1.e) Acres Cost for comparison = $938,000 Option 2: Relocation of Vanderbilt Beach Road (to the south) - West of Collier Boulevard (CR 951) Alignment consists of two reverse curves for a total of approximately 1600 ft and a 400 ft tangent section prior the intersection of VBR and Collier Blvd. Tangent section has been provided to align the traffic after the transition and prior to the intersection. Total transition length is approximately 2000 ft. · Poor utilization of existing R/W west of intersection. · Impacts to utilities minimal · Construction schedule not effected by utility relocations · Impacts to St. Agnes Church site 0.0 Acres · Would require design changes to 60% Plans (Cost not included) Cost for comparison = $831,250 ~G~JDAjTEU JAN 1 G:"DIRECTOR'S FOLDER\EXECUTIVE SUMMARIES\1.14-03 BCC MEETING'tVANDERBILT BEACH ROAD - 65051\VBR_COLLIERBLVD_RELOCATION_EVAL AL ATT B.DOC 3 Option 3: Relocation of Vanderbilt Beach Road (to the south) - Prior to Water Treatment Plant Alignment consists of two reverse curves (approximately 1600 lineal feet) for a total transition length of 1600 LF. Alignment follows Option 1 alignment but does not begin transition to avoid WTP until 1600 ft prior to WTP facility property. · Maximum utilization of existing R/W west of intersection. · Impacts to utilities major · Construction schedule effected by utility relocations · Impacts to St. Agnes Church site approximately 2.6 Acres · Wetland Impacts minimal · Would require design changes to 60% Plans (Cost not included) Cost for comparison = $1,099,000 Options Analysis.', The total impacts to existing facilities, R/W, and wetlands are shown in the attached table. Recommendation: The following recommendation is in accordance with the tabulated results shown in the attached table: Option 2: Relocation of Vanderbilt Beach Road (to the south) - West of Collier Boulevard (CR 951) 1-his option, while having the greatest impact to R/W and wetlands of the three options, has the least overall construction cost due to the minimal impact to utilities. The construction schedule will also be reduced due to minimal utility relocation. The additional cost of design will be offset by the required cost to design the utility relocations. In addition to the cost savings, the selected alternative has no impact to the proposed St. Agnes Church facility. Additional Cost Savings Opportunities: Below is a list of potential, additional cost saving opportunities available to Collier County based on the selection of Option 2. · Utilization of vacated R/W in the northwest quadrant for additional water storage/treatment · Vacate R/W in northwest quadrant for purchase by adjacent parcel · Combine VBR storm water runoff with St. Agnes Church storm water runoff in combined lateral ditch. This will fully utilize the R/W on north and provide sufficient storage and treatment for the Section of VBR from Collier Blvd. to the WTP which is the drainage basin divide. ~ .-', 3~:~ O~, iTEM 1 i .JAN 1 ~ 2~03 t G:,,DIRECTOR'S FOLDER\EXECUTIVE SUMMARIES\l-14-03 BCC MEETlhlG\VANDERBILT BEACH ROAD - 63051\VBR_COLLIERBLVD_RELOCATION_EVAL AL ATT E DOC 4 oo_ .... °~io_~.q ~ .... RESOLUTION NO. 2003 A RESOLUTION AUTHORIZENG CONDEMNATION OF FEE SLMPLE TITLE LNTERESTS AND/OR THOSE PERPETUAL OR TEMPORARY EASEMENT fiNTERESTS REQUIRED FOR THE CONSTRUCTION OF A SIX-LANE SECTION OF VANDERBILT BEACH ROAD BETWEEN AIRPORT ROAD AND COLLIER BOULEVARD (CR-95i). (CAPITAL EVIPROVEMENT ELEMENT NOS. 24 & 63, PROJECT NO. 63051). 1 2 3 4 5 6 7 8 9 10 ti 12 13 WHEREAS, the Board of County Commissioners (Board), on May 9, 2000, adopted Ordinance I4 No. 2000-31 therein establishing the [Ninth Annual Update and Amendment) Capital Improvement 15 Element of the Growth Management Plan in order to establish priorities for the design, acquisition and 16 construction of the various capital improvement projects; and t? WHEREAS, the Transportation Element of the County's Comprehensive Plan was adopted in t8 Ordinance No. 2000-32; and 19 WHEREAS, the six-lane section of Vanderbilt Beach Road between Airport Road and Collier 20 Boulevard {Project No. 63051) is one of the capital improvement projects required under the 2t Transportation Element of the County'~ Comprehensive Plan; and _'2 WHEREAS, the location for con,truction of rite proposed improvements has been fixed by survey 23 and is collectively represented by the legai de,criptions comprising Exhibit 'A' attached hereto and 24 incorporated herein; and '_5 WHEREAS. after considerat',on of the a~ affability of alternate routes and locations, the :s comparative costs of project atternauves, x ,r:ous re?acts upon the environment, long range planning '_7 options, and public safety' considerations, the Bourd desires to exercise ~ts right to condemn property for _'s public purposes. '_9 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS ~0 OF COLLIER COUNTY, FLORIDA. that it has been determined by the Board that the construction of i I the six-lane section of Vanderbilt Beach Road between Airport Road and Collier Boulevard (hereinafter 32 referred to as "the Project") is necessary and in the public's best interest in order to protect the health, 33 safety and welfare of the citizens of Collier County. 34 AND IT IS FURTHER RESOLVED that construction of the Project is part of the County's long 35 range planning effort, and is included in the Transportation Element of the County's Comprehensive Plan ~6 for Growth Management, as approved by the Florida Department of Community Affairs. 37 AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative locations for 3s the project, and the costs associated with the design, property rights acquisition, and construction of the 39 project, as well as public s',ffety and welfare considerations associated with the design and construction of a fte r. zz.._: 7~,~,,1~6 .... 40 the project, and various impacts to the environment, and the Board finds that --"~ " ~ '- ! o0 .... 5 ..... _ :T':7 52 54 55 56 57 5g 59 60 61 62 .45 66 67 69 ?0 a l issues, the most feasible location for construction of the proposed improvements is collectively 42 represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein. 43 AND IT IS FURTHER RESOLVED that in order to construct the project as designed, it is 44 necessary for the Board to acquire the various real properly interests described in Exhibit "A' to wit: fee 45 simple title interests and/or those perpetual or tempora~ easement interests. 46 AN,rD IT IS FURTHER RESOLVED that all property shall be put to public purposes. 47 48 AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to immediately 49 acquire by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, 50 Flor/da Statutes, the above-referenced real property interests more particularly described in Exhibit "A", 51 attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. - This Resolution. adopted on this ~ day of and majority vote. 2002, after motion, second ATTEST: DWIGHT E. BROCK. CLERK Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA B V~ CHAIRMAN Heidi F. Ashton Assistant County Attorney Page 2 AIRPORT-PULLiNG ROAD EXISTING 200' ROW ?_.C. d NO¸: EXISTING NORTH ,~ ROW LiNE Z < > ~o- PARCEL 101A 24' TRACT "0C1-£" PELICAN ~ARSH UNiT 23, :t_AT 3CCK 30, PAGES 73-7~, r"'---EX!STING 24' F.P.L. EASEMENT PER OR. ~OCK 12B5. PAGES 19t7-1919 0 75' 150' 225' SCALE: 1"-150' Notes: 1. This is not o survey. 2. Subject to easements, reservations and restrictions of record. 3. Easements shown hereon are per plat, unJess otherwise noted. 4. ROW represents Right of Way. ~escr/ptlon: ~eing the South 24.00 feet of the Westerly 566.81 fcc[ of Trace "GC1-E". PeJlcon Mors~ Unit Twenty, :cccrd[n9 [O th: p~[ thereof os recorMe~ in Plat ~cc~ 30, Pa~es 73 through 75 of th~ Public Records of Co~er County, FIoride. 2~[o~nm~ 0312 acres, more or [ess. EXHIBIT Page__._L_of ~_.~._ NOT VALID W1TNOUT THE SIGNATURE 'AND "HE O~IQNAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR ANO MAPPER FF~ Sll~a[.E Oct 29. 2002 - 13;03,;57 ,'NAPtERIX:~.SUR~O~224\V.4NOY\IL372-A.d~,~ ¢OLLJER COUNTY OF= "rP~N~POPrrAT/ON SKETCH AND DEgCRIP'I'IC)N IL. -372 cc ,S AIRPORT-PULLING ROAD £×I$.T[NC 200' ROW ExiSTiNG .__J NORTH .. <© :L EX~STINC 24' FP.L. EASEMENT PER O.R. BOOK 1285, PAGES 1917-:glg Oct 29. 2~02 - 13:0.~:$7 ,,NAP~£RIX:\SUR\O4224\VANDY\lL372_A. dw9 0 7,5' 150' 225' SCALE: 1"= 150' Note~..: 1. This is not a survey. 2. Subject to easements, reservations and restrictions of record. 3, Easements shown hereon ore per plot, unless otherwise noted. ROW represents Right of Way. Description; 9eing the South 24.00 ~'eet of Tract "OCl-E" F'¢ticon Mcrsn Unit Twenty. according to the 1~lcat [.qereo~ o~ r¢cor~ in Plat Book 30. Pages 73 through 75 o~ Ime Public Rccord~ of Co',[[er County, r;or~d0, Jess the Westerly 566.81 ~eet. Co~toin[n9 0.384 ~crca, more or [ess. EXHIBIT Page Z.__~__of ~q NOT VALID W~THOUT THE 51GNA~RE AND THE O~CINAL PAleD SEAL' OF A F~ORIDA LICENSED SUR~YOR AND MAPPER FOLIO COLLIER COUNTY I::)EPART'MENT Of= 7'P. AN~PORTA TION SKETCH AND DESCRIPTION ou2~ooo-~oo I o~ o~ xx ~L-372 F-e e I -- ~ EXISTING I NORTH ROW LINE I /,n...F~,," ~' ~"F' I I I TRACT "(:;(:1 {PELICAN MARSH UNIT 20. PLAT BOOK 30, PA(~ES 73-75 = EXISTING 24' F.P.L. EASEMENT PER O.R. BOOK 1285, PAGES lg17-1919 Notes: 0 75' 150' 225' SCALE: 1"= 150' 1, This is not o survey. 2. Subject to eosemante, reservotions ond restrictions of record. 3. EasemenTs shown hereon are per i~lat, unless otherwlse noted. ROW represents Right of Way. "~, ~-~ ':~ACTMARSH UN,T 20, PLAT 30, PAGES 73-75 T~BURON-THE NORMAN ESTATES AT PELICAN ,MARSH UNIT 23, PLAT BOOK 31, PAGES 4.3-44 F-.(D --JZ ~> Being ,,he South 24.00 feat of Tract "R", Pelicnn recorded ~n Plot Book 30, Poges 73 through 75 of [he Pu~ltc Recotda of Collle~ Counly, Containing 0.06 ~cr~, more or ~ess. EXHIBIT, ~A, UC, ~0, ,~ NOT VALID WITHOUT THE SlGNA~R[ AND THE ORIGINAL RAISED SE~ OF A FLORIDA L~C[NSED 5UR~Y~ AND MAPPER FEE 81MPI. E INTEREST FOLIO NO. ~ ~q5~4~7 COLI..I~_Ft COUNTY OF 'tRANSPORTATION EX~STING TRACT "<~Cl -E:" PPLICAN MARSH UNIT 20, PLAT BOOK 50, PAGES 7,3-75 ~"'--EXISTING 24' F.P.L. EASEMENT PER O.R. BOOK 1285. PAGES lglT-Iglg ~ ~[L;CAN MARSH UNIT 20 ~A~EL ~TRACT I 0 75' 150' 225' SCALE: 1"=.150' Notes: 1. This is not o survey. 2. Subject to easernents, reservations and restrictions of record. 3. £osemen[s shown hereon ore per ~)lot. unless otherwise noted. ~.. ROW represents Right of Way. ~e[n§ the SouJh 24,00 /est of Trocl T~buron-The Norman Es~ate~ at Pelican Marsh Unit 23, according to the plat thereat oe recorded I P~at Book 31 Po~ 43 thr ....... n ~ , ~ uu~n ~ecords at CoIHet County, F orida, ContaJnln~ 0.21 acres, more or EXHIBIT Page.._~ of._~ DAV]D J ~4/'ATT J~',[[4 t£OR TH FIRM) ' ,/ .... . E Z~'-.z-~_?, (DATE SrCNE~) NOT VALID ~THOUT THE SIGNA~RE AND THE ORI~NAL R~SED 5E~ OF A FLORIDA LICENSED SUR~Y~ ~O MAPPER FEE 81MPI. E INTEREST FOLIO NO. COL t ~_Ft COUNTY DEPA~ O~ ~A T~ON o L O- __JZ r~-- ~> EX~STING NORTH ROW ~ PELICAN MARSH UNIT :20, PLAT BOOK 30, PAGES 73-75 ! ! !tiTIBURON-THE NORMAN ESTATES AT PELICAN MARSH bNIT 23, PLAT BOOK 31, GAGES O0'l fi'Ol" E 24 OO' PARCEL ~ I04 ~24' OR. 2488. 355-1359 S 00'16'01" W 24.00'~. - EXiSTiNG 2¢' F.PL EASEMENT PER O.R. BOOK 12B5, PACES lgi7-tgig SECTION 36 NOT PLATTED GOLK COURSE PARCEL AS DESCRIBED IN OmR. BOOK 2463. PAGES 1951-1962 Notes: 0 75' 150' 225' SCALE: 1"= 150' 1. This is not a survey. 2. Beorincjs ore based on State Plane Coordinates. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon ore per plat, unless otherwise noted. 5. ROW represents Ricjht of Way. Description: A portion of Section ,35. Townshi~ 48 South, Range 25 Ecst, CollJer County, Florida. being mare particularly described om follows: ~¢glnn[ng at the Southeast corner of Tiburan-Norrnon Estotee ct Pellc,',n Mor"~h, Unit 23 recorded in Plat thence North 00'15'O1' East olom9 the Easterly ~oundory of said Norman Estates for o distance of 2400 ~eet; {hcncc South 89'~3'59" East, for o al;stance o¢ 425.60 feet; to ~ point on the Westerly 3oundory of "Coif Course Parcel "C" os described tn Officoi Record ~ook 2465. ~ege~ 1951-Ig62 o¢ Public ~ecordm o¢ O~ii¢r County, Florida; thence South 00'16'01 West, dong sold Westcrly boundary for, o distance of 24.00 feet; to ~ point on the North¢rly ~;ght-of-W~y I;ne of Vonderbilt Beoch Rood; thence North 89'43'59" West. along said Northerly qlght-o~-Wmy I;ne o¢ Vonderbil[ Beach Rood. for o distance of 425.60 feet, to the POINT OF BEGINNING; Cont:inlng ,253 acres, more or less. fLA. L~G. NO: 5834 NOT VALI0 WITHOUT THE: SION~TURE: AND THE ORIGINAL RAISED SEAL O~'. A FLORIDA LICENSED SURVEYOR AND MAPPER FEE SIMPLE INTEREST EXHIBIT WilsOnMllle' ....... 29, 2002 - 13;03:$7 JNAPI£RJX:\SUR\O4, J24\VANO¥\lL372-Adwg COIJ...I~_PI COUNTY DEPARTMENT Ot= TPIANSF~Ffl'A 770N ~KETCH AND D~C~N 0 100' 200' 300' SCALE: 1"= 200' SECTION 35 NOT PLATTED Notes: 1. This is not a survey. 2. Subject to easements, reservotlons end restrictions of record, 3. Easements shown hereon ore per ~lot, unless otherwise noted. 4. ROW represents Right of Way. PARCEL 105 T!8URON GOLF VENTU~-"S L',MI TFD PARTNERSHIP the South 24.00 feet. Less the East 617.61 2456. P~ges 147g ~hrou~h 1490, ~D OHicim .~ccord~ ~ook 24~3. P~ges 1951 ~hrou9~ lg62 of Public ~ecords Of Collier County, Florida. O,R. BOOK 243§, PACES 1479-1490 O.R. BOOK 2463, PAGES 1951-1952 EXHIBIT /, 0AVID j. 'H~,~TT. R.~.M. (FOR THE FIRM) FLA. LIC. NO, NOT VALID ~OUT THE SICNA~RE AND THE ORIGINAL RNSED SEAL OF A FLORIDA UCENSED 5UR~TOR AND MAPPER ~ 24' F.P.L EASEMENT P~'R O.R, BOOK 128.5, PACES 1917-1919 EXISTING PARCEL 118A PER PROJECT NO. 62071 FOLIO NO. l?Tz l.+o COUNTY Sa; 10. 2C02 - 14:30:55 JNA~PgRJX:\SUR\Q4224\VANOYYL572.d~g Ot= TRANBPO~A TION SKil*CH AND DE,..~C, RIPTION 04224-000-000 o~ a? XX 1L -372 EX~STINC NORTH ROW LINE cn~D zr-- ~© wEST LINE SECTION .31 ~1 Notes: EXHIBI1 Page 7 o 0 50' 100' 200' SCALE: 1 "= 100' 1, This is not a survey. 2. Subject to easements, reservations and restrictions of record. 3. Easements shown hereon ore per plat, unless otherwise noted. 4. ROW represents Right of Way. 5. POB represents POINT OF BEGINNING, POC represents POINT OF COMMENCING. Description; Being a portion of Section 51. Township 48 South, Range 26 East, Collier County. Florida. and being more particularly described as follows: Commence at the Southwest corner al Section Township 48 South, Range 26 East, Collier County. ;~r[do thence run North 0~'00'~7" West. along the westerly Hne of said section 31, ~or o Oiatonca ~t 130,14 feet to it's ~te~secJio~ wi~h [he northeH~ right-of-way ',ina of VanderBilt ~aach Road; Thence ..~n South 89'40'0~" test along said Thence ru~ South 8g'55'46" East. along sgid northerly right-of-way Une, for a distance of 555.87 fee[ to the 5outheosterly corner of the 'ands described tn Official Records Book 3022 at Pcges ~12~ thrmugh 1151 of the Pubiic Records ~Her County, flariaa and the POINT OF '~nce ~un Ngrtn 00'04'1~" [asJ, along the easteHy :ine of said descrlbcd Ionds, for a distance of 36,~0 ~eet: Thence run South 89'35'~6" East for di=tanc~ of 87.5~ feet to ~ poi~t on the ,}~e of those Iond~ described in Official Records Book 2763 at Pa~eJ 2329 [hrou~n 2532 Gl the P~lic Records of Collier CouAty, Fiorida; Thence run South 02'09'+2" East, along the westerly li~e oF soid described ~ond, ~or o distance o1 36.33 ~eet. ~o it'~ ~te~sect[on w;Jh [he northerly right-of-way ~Tne of Vanaerb[Jt Beoc~ Rood; Thence run North '55'~0" West olon~ said northerly righJ--o~-wGy line ~or o d;~Jgnce of 89.07 feet to the POINT OF BEG:NNINC: co~toJ~;n9 0.074 gcrgs more or less. FOLIO NO. oozoW}zloa m a'L DAVID J.'~HY/~T, P.~.~. (FOR THE FIRM) FLA. LIC. ,'~. 5854 ' /~ '-f~-~7~ (DATE SIGNED) NOT VALID ~THOUT THE SIGNATURE AND THE 0R[GJNAL RAISED SEAL OF A FLORIDA LrCENSED SURVEYOR AND MAPPER COLLJER COUNTY DF_.PARTtvI~ OI= 'TRAN~PO~T'A'TION ~KET'CH AND D~BC~ ~XiSTING NORTH ROW LINE~ 11o WilsdnMilleF ' 0 50' 100' 200' SCALE: 1"=100' Notes: 1. This is not a survey. 2. Subject to easements, reservations and restrictions of record. .3. Easements shown hereon are per plat, unless otherwise noted. 4, ROW represents Eight of Way. Deseriptiom ~ein§ [ho Southerly TO feet of the following desctioecl porcet; Thc Fast one-haH of the West one-half of the test one-holt' of thc South one-half of the ~uthwest one-quarter (SW 1/~.) of ~ne Southwest o~e-quarter (~W 1/4), !¢~ rna South 150 feet. Section 31, Township 48 South, Range 26 East, ol~ /~g end Doing ~n Co)Her County. F~orido, os recorded ;n O,~. ~ook 2765, page 2531 of the Conta[nlng 0079 acres, more or ~ess. J//Z DAV, O ;J?Ia//ATT,' "Ib'/~'.M. ('FOR THE FIRM) FLA. UC. ~0. 5B34 /~-ID-OZ _ (DATE SIGNED) NOT VALID ~THOUT TNt SIG~TUR[ AND TH[ CRIGiNAL RAISED SEAL OF'~-FLORI'OA L~CENSED SUR~Y~ ~O MAPPER FEE SIMPLE FOLIO NO.,,? o z oooo Oct ~g, 2002 - 15:03:'~7 .~NAPIER[X: \SUR~.I~4224~VANOy¥ L572- A.~w~ COLl_~Ft C(:AINTY DEPARTMIENT OF 71RA~A T10N AND DESCRIPTION IL -372 EXISTING I NORTH I ROW UNE,~ I 0 50' 100' 200' t SCALE: 1"= 100' Notes; I ~. This is not o survey. ~ 2. Subject to easements, reservoUons ~ on~ restrictions of record, ~ 3. Easements shown hereon ore per plot,  ~ un[ess otherwise noted.  4. ROW represents Right of Way. O ~ Oescriptiom ~ ~ i 9e:ng the Southerly 10 feet o~ the fo~lowing ~ F~ ~escr{bed p~rce[; ~ . ~ Thc East h~lf o[ the East half of the South hah of ~ O the ~o~thwest quarter of the Southwest quarter of ~ ~ ~ Secton 31, T~wnsniO 4B South. Range 26 East, less , thc South 15O.OO feet for Rignt-of-woy, ~ o~d be;ng ;n Coil)er County, FmoriOo, os recorded ~ ~ O.R. ~9o~ 217G, poge 915 of thc Public Records. ~ Z Cont~inlng 0.084 ceres, more Or ~ess. ~ ~ DA~D J.' ~ATT, ~,SM. (FoR THE FIRM) FLA. L[C. NO. 5834 ' ' ~ NOT VALID ~THOUT ~[ S~CNATUR[ AND ........ THE OR[GINAL RAISED SEAL OF A FLORIDA FEE 81~ FOLIO NO. ooze z oeo Wils nMiller ~ ~ CATE: ~ P~.~CT ~o: ~ SHEET OF 0cl 29. 200~ - t3:05:57 ~NApI[R[yc~SUR~O4224\VANQY\~L372-A~ ii / ii / / PARCEL------ <f.O Z 0 $0' 100' 200' SCALE: l"= 100' Notes: 1. TMs is not o survey. 2. Subj'ect to easements, reservations and restrictions of record. 3. Easements shown hereon are per plot, unless otherwise noted. 4. ROW represents Right of Way. D[SCRIPTfON: The Northerly 15.CO feet of Southcrly 165.00 feet of the following described ¢orcah Tho Wast I/2 of ~he South I/2 o~ t~e Southeast Quarter of [he Southwest Quarter of ~ecUon 31, Tcwnsh[D 48 South. Range 26 Eos[, Coil;er County, F or~¢~, Lc3S o Perpetual and exclusive easement for ':~ht of way for public raga purposes over the ~v, ru0gC Nocords of Collier County Florida.' reserved of record and s~b~ect to ex~siln9 rc=crvotions and restrictions of record. Conta~m~n~ 0228 ocrca morc or ~035, EXHll T OR l'~tE FIRM). '. NOT VALID W1THDuT THE ~NATUR[ ANO THE ORiGiNAL RAI~O SEAL OEA FLORt LICENSED SUR~YOR ANO MA~R'~' DA FEE SIMPLE INTEREST FOLIO NO. SKETCH AND DE~C,I~ N EXISTING / SOU TH ROW LiNE -N 00'0~'01' E -10,00' PARCEL ~20 0 50' 100' 200' SCALE: 1"= 100' CORNER gECTION 6-49-26 15.00' No[es: 1. This is not a survey. 2. Bearings ore per plot of Village Walk, Phase One. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon ore per plot, unless otherwise noted. ROW represents Ricjnt of Way. Description: A portion of Tract "3", VTilage Walk, Phase One, os recordea in Riot Book 24, pa~es 31-35 in CoiiTer CounLy, F'[orido, Osin9 more particularly described as follows. beginning at the Northeast earner of said Tract "D" of Y71lag,. Walk, Phase one, thence Soulh 00'04'34" West a!ong the Easterly boundary of said Tract "D" %r o distance of 15,00 fc~t; thence North 89'55'26" 'Nest , for o al;stance of 267.82 feet; t~ence Nort~ 89'55'59" West, for o distance of 278.54 feet; thence North 00'04'01" East, for o ~sto~ce o[ 5.00 feet; thence North 89'55'59" West, for o distance of 180.00'; thence North East, for o o;st~nce of 10,00 feet. to o point t~e southerly R~~ht-of-Woy Hne of Venderbilt Beach Rooo; thence South 89'55'59" Eost, ~lon9 solo 5odth ;ina, for c ~istonce of 458.34 feet; thence 5oum 89'55'26" E~st, along said Southerly ~ight-of-Woy fine of Vonderbi[t Beach Rood, for o o~stonce of 257.82 feet, to the POINT OF 9[GiNNJNG; Contoin~n9 .229 cores, more or ~ess. FEE 81MPLE INTEREST /~/--)~-t/~ (DATE SIGNEDi NOT VALID WITHOUT THE S!GN'~T.U..R.E.AND THE ORIGINAL RAISED SEAL OF'A F~ORIDA L,CENSED SUR~YOR AND MAPPER FOLIO NO. e54 o*o qs COLe t~R COUNTY DEPARTIi~ENT OP~ TR~N~POFITA"rION SK,~-'rOH AND ~)~.WCRIPTION ' 1L-372 04224-000-000 20 c~' X.X I I · ROW LINE SCALE: 1"= 100' Notes; , 1. This is not o survey. i E 2, Subject to easements, reservations t and restrictions of record. ~ 3. Easements shown hereon are per ~let,  unless otherwise noted. ~ 4. ROW represents Right of Way. " ~ ~ 10' Description: ~ ~ 9~ng th~ Wast 710.84 fast of the No~th 10 faa[ of ~ ~ ~ T~ocl "C", ~}~ge Wa/k Phase Five, Plat ~ook 27, ! i ~ P~ges ~4 through 69 of ihs Public Reca~d= at i : ' Ca!;ier County, Fla~ido. 7~0 84' ~ CT ~ ~ ~ NOT VALID ~THOU/ THE SIGNA~RE AND PACES 64-69 ) ~ ~ THE ORiGiNAL RAISED SEAL OF A FLORIOA L~CENSED 5UR~YOR ~D MAPPER "' Wil Miller ~ OF ~ 1L-372 LOT 6 LOT PARCEL' I¢~1 122 : LOT 26 10TH AVENUE N.W. I ° GOLDEN GATE ESTATES UNIT 96, PLAT BOOK 7, PAGE 94 LOT 27 _J O N 0 $0' 100' t50' SCALE: ~"=100' Notes: 1. This is not o survey. 2. Subject to easements, reservations ond restrictions of record. 5. Fosements shown hereon ore per plot, unless otherwise noted. 4. ROW represents Right of Way. Description: 3=i~g the Wast 25.00 feet of the East 75.00 feet ~f Lot 5, Oolden 0ate Estates Unit 9§, according to the plat thereof os ~eeorded in Plot Book 4, Pag~ 94 of the Public Records of Collier C~unty, Florida, C;ntaining 0.19 acres, more or less. EXHIBIT, VANDERBiLT BEACH ROAD EXISTING ROW (WIDTH VARIES) NOT VALID WITHOUT THE SIGNATURE ANO THE ORIGINAL RAISED SEAL OF A FLORsDA UCENSED SURVEYOR AND MAPPER WII$ MIII r 2002 - 15:05;57 ,$NAPl[RJX:\SUR\O4224\VANDY~IL3?:2-A. dwg AND DE~ o~4-e~3-~o ~ o~ xx 1L.-372 TRACT 26 UNIT g6, [ ~ [ PLAT BOOK 7, PAGE 94 0 50' 100' 150'  C I SCALE: 1"= 100' ~5 ~5 ~ Notes: ~ t 1. This is not ~ survey. ~ '~ 2. Subject [o eosements, reservations ~ ~. ~nd re~tr~cUons of record. ~ 3. ~sements s~own he~eon ore per unless otherwise noted. ~ : 4. ROW represents Right of Way. : ~ ! '~Ac' ~g~aefng the East 2500 feet of the W~a[ 75.00 feel, T~ACT 5 ~ ~ ~ ~f [he 5outh 165.00 feet of TRACT 2a, Golden recorOed {n Plot Book 4, Poge 94 of the Public , ~ ~25' Records of Co,liar County, Florida, ~ Contoin~ng 0.095 acre~, more or less. ~ ' ~ ~[' ;EXHIBIT ~, PE~ VANDERBILT ~[ACH ROAD _.::. :. EXISTING ROW (WIDTH VARIES) -' NOT VALID ~THOUT ~[ SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA UCENS[D SUR~YOR AND MAPPER FOLIO NO. I SK~CH AND TRACT 26 !0TH AVENUE N.W. TRACT GOLDEN GATE ESTATES UNiT 96, PLAT BOOF 7, PACE 94 TRACT 27 TRACT VANDERBILT BEACH ROAD EXISTING ROW (WIDTH VARIES) N 0 50' 100' 150' SCALE: 1"=100' Notes; 1, This is not o survey. 2. Subject to easements, reservations and restrictions of record, .3. Eosemen[s shown hereon ore per prat, unless otherwise noted. 4. ROW represents Right of Woy. Be;nc [he East 25.00 feet of the West 75.00 feet, of the North 15500 /eat of TRACT 28, Golden Gate '-'states Unit 96, oacordlnc] 1o the plot thereof oS recorded ~n Plot Book ~, Page 94 of ~he Public Recorde at Cailler County, FtoHdo. Con:c;nTng 0.095 acres, more or }ess. EXHIBIT. Page i~' of, PERPETUAL NON-EXCLUSIVE ~ RK~HT-OIr.V~y, DRAJNAOE ~ UI'IUTY EASEMENT /~ '13-(~Z (DATE SIGNED) %OT VALID W1THOUT THE SIGNATURE ANO THE ORICINAL RAISED SEAL GF.A FLORIDA LICENSED SURVEYOR AND MAPPER FOLIO COL.LJ~=I COUNTY 0I= T'RA~O~ATION 8KI=-TCH AND DEJ$CRIPTION 04224-000-000 23b OF ~ "iL -372 I LOT 28 [_ 10TH AVENUE N.W. ~) LOT 27 © GOLDEN GATE ESTATES UNiT PLAT BOOK 7, PAGE 94 Notes: 0 50' 100' 150' SCALE: 1"--- 100' 1. This is not o survey. 2. Subject to easements, reservations (]nd restrictions of record. Easements shown hereon ore per plat, un',ess otherwise not. ed. ROW represents Right of Way. g¢'~cription: Bain9 the South 300 feet of t~ West 25.00 feet cf the Ea,t 75.00 fact of Lo[ 6, Ocilden Gate E~t~Jel Unit 96, ~ccordlng to the plot thereof os recorded in Plot Book 4, Page 9¢ of the Public Records of Cai[Jet Caunty~ Florldo. ConJofMn~ 0.17 ~cres, more or less. ~XHIBIT ,~, VANDERBILT BEACH EXISTING ROW (WIDTH ROAO VARIES) DAVID J. H'~(TT, P.-~..M. (FOR THE FIRM) NOT VALI0 ~OUT ~E SIGNA~RE AND THE ORIGINAL RAISE{:) SEAL OF A FLORIDA LICENSED SUR~YOR ANO MAPPER }:OLIO NO. ~t~~, TRACT TRACT lOTH AVENUE N.W. COLDENUNFCAT !9t STATES PLAT BOOK 7, t l'~'/:~ PARCEL 1 J~'~J !25A m. AC~--2S VANDERBILT BEACH ROAD EXISTING ROW (WIDTH VARIES) N ~GE 94 0 50' 100' 150' SCALE: 1"= 100' 1. This is not a survey. 2. Subject to easements, reservations and restrictions of record. 3. Easements shown hereon ore per pJat, unless otherwise noted, ROW represents Right of Way. Description: Being the SouLh 150,00 fee[ of the East .35.00 feet of the West 85.00 feet of TRACT 27, Golden Gate Estotca Unit 9§, according to the plat thereo{ OS recorded in PJa~ Book 4, Page 94 of the Pubiic Recoras o~ C~II~e~ County, Florida. Contain;nD 0.12t acres, more or Iess. EXHIBIT, ,~ ,, Page ~ 7 ~ ~ ROAD RIGNT-OF4AIAy, AND IJllUTY EASEMENT OA~D J. "NY~T, P:~i~M. (FOR THE FIRM) FLA. MC. ~, 5834 1:~-/~'19~_ (DATE SIGNED) NOT VALID ~TMOUT THE S;CNATURE ANO LICENSED SURVEYOR AND MAPPER FOLIO NO. COL.LJER COUNTY DEPARTMENT O~ TRANSPORTATION ~K~='rCH AN~ DESCRIPT"iON TRACT § TRACT N GOLDEN G STATES UNIT g~ PLAT BOOK 7,-WAGE 94 0 50' 100' 150' SCALE: 1"= 100' ~.~..TRACT 27 ~'- '~ Notes: PARCEL 1. This is not o survsy. 125B 2. Subject to easements, reservations and restrictions of record. 3. ~'osements shown hereon ore per plot, uniess otherwise noted. 4. ROW represents Right of Way. '=]e!ng Ihe South 75.00 feet, of the North 1§0.00 "cot, of [he East 5.5.00 feet of the West 85.00 feet of TRACT 27, Golden Gale Estates Unit g6, cccording to ~he plot thereof ua recorOeo in 3;ok 4, P0ge 94 of t~e Public Records of Collier Containing 0.084, acres, more or ;es-,. EXHIBIT Pag~ ~ _of ~'~ VANDERBtLT BEACH ROAD EXISTING ROW (WIDTH VARIES) Ocl 29. 2002 - ~5;0.1:57 JNAP![RiX \SUR\O4224\VA~DY~l L372 - A.d~g DAVID J. NY,~TT,'IS~,~.M. (-FOR THE FIRM:) ~LA. UC. Ne. 5~,~ l;~ 'I3-'~Z COATE NOT VAL~O ~THOUT mE SJGNATU.E THE ORICINAL RAIS[O SEAL OF A FLORIDA LICENSED 5UR~YOR AND MAPPER FOLIO NO. COL.L./ER coca~rry DEPARTMENT OP~ TRAN~:~:)RTA TtON ,...~K~-T'~I.-I ANO DE~qCRiF~'r'iC)N 0'42~4-000--000 2~!~ OF XX TRACT "~ACT 5 i ~IOTH AVENUE N.W. E ESTATES 0 -- UNF~ 95, PLAT BOOK )7'. PAGE 94 PARCEL / N 50' 100' 150' SCALE: 1"= 100' 1. This is not o survey. 2. Subject to easements, reservations and restrictions of record. 3, Easements shown hereon ore per plat, unless otherwise noted. 4. ROW represents Right of Way. Oescript)on: E~eln~j the South 75 feet, of the North I05.00 feet. of t~e East 35.00 feet of the West 85,00 feet of TRACT 27, Golden Gate Estates Unit 96, occordin~ [o the piot t~ereo¢ os reCOrd~ i~ P~ot Book 4, Po~e 94 o~ the Publ;c Records of Colder County, F~arido, ~.ontoJning 0.080 acres, more or tese, EXHIBIT Page_ !ti of P~ NON-EX~U,~V~ AND UT1UTY EASEMENT VANDERBILT BEACH ROAD EXISTING ROW (WIDTH VARrES) FLA. LIC. NB. ~83~ '~ .. :~. ' ' 12. 't.7- ~OT VALID ~HOuT THE' ~ONATU~E ANO THE ORIG;NAL RAISED SEAL O~ ~ FLORIOA LICENSED SURVEYOR AND MA~PE~ ' FOLIO NO. OF~ pARCF~ NO LOT a LOT K~)-~ 30( LOT B GOLDEN GATE ESTATES UNJT 96, PLAT BOOK ?, PAOE 94 LOT .5 LOT 26 10TH AVENUE N.W. ;07 27 uOT 28 0 50' I00' 150' $CALE:'I"=IO0' Notes: 1. This is not o survey. 2. Subject to easements, reservations and restrictions of record. 5. Easements shown hereon are per Dial, unless otherwise noted. 4. ROW represents Right of Way. geaeription: Being the West 35.00 feet of the Eoet 8S.00 feet, Less end £xcepting the South 50 feet at Lot 7, Golden Cote Estates ~n~ 96, according to the plot t~ereof ~s recorded ~n Plot Book 4, P~lr; Records o~ Colder County, Florida. Contd~ni~g 0.24 dcree, more or less. EXHIBIT. Page.. ~o of ~fl ROAD RK~IT-4~-WAy, DRAINAGE ANO UllUTY EASEMENT VANDERBILT BEACH ROAD EXISTING ROW (WIDTH VARIES) 2002 - ~3:03;S7 JNAPI£1~$UR~04224~VANOYyL372_A.~wB DAV1D o. HYA,7~'. P.$.~[. (FOR THE FIRM) FLA. DC. NO.VS834 /!-~ (DATE ~GNED) NOT VALID ~OUT ~E ~GNATURE ~D THE 0RIGtNAL RNS~D SEAL OF A FLORIDA ~CENSED SUR~YOR AND MAPPER FOLIO NO. 4~8o~zooo~ ~,__.,~ooo-ooo z.e ~ xx -372 LOT8 t J LOT25 * 0 50' 100' 150' ~ PARCEL SCALE: 1"= 100' 0 ~ ~ Notes: 1. This is not o survey. lOTH AVENUE N.W. 2. Subject to e~sements, reservations } [ and restrictions of record. t ~ 5. E~sements shown hereon ore per plot, ~ un,ess otherwise noted. ~ ~ 4. ROW represents R~gnt ~ W~y. LOT 6 ~ ~OT 27 [ ~ Description: [ ~m ~ 9ein~ the East 25,00 ~c~t o~ the Wast 73.00 teat, ~Q~ ~q~i Less and gxca~ti~ the South 30 ~oot of Lot 26, , ~ ~ ~ Golden GaLe Estates Unit 96. acco~din~ 1o the plat : ~~ ~1 [bur¢o~ o~ recorOed ~n Plat Book 4. PoSe 94 of the ~' ~ ~ i ~ubdc Records at Collier Courtly, Flor[do. '-- Containing 0.~7 acres, mora GOLDEN CATE E~TATES UNIT g6. , ~ Page ~l of LOT 5 [ LOT 28 ~ ' ' gAUD & HY~T, P.g~. (r~ rile FIRM) FL4. LtC. N~ 5854 ~o, VALID ~THOUT THE AND THE ORIGINAL ~AI~ED SEAL 0F A FLORIDA EXISTING ROW (WIDTH VARIES) L,c~Ns~o ~UR~YOR AND MAPPER Wil Miller ..... - d'L372- A. dw,i ELECTRIC EASEbtENT NO1 '04.'33"E 5.00' 20 40 ROW LINE VANDERBILT BEACH ROAD EXISTING VARIED ROW :ARCEL 128 POINT OF BEGINNING 1/4 CORNER §£CT',ON 5-4g-26 LiNE OF SECTION 5-49-25 60 Description: A portion of Tract 'E', Fountainhead Subdivision, according to the plot thereof os recorded in Plot Book 24, Pogea 22 through 24 of the Pubtlc Records of Collier County, FJorlda, yng within Section 5, Town~lp 40 South, R=nge 26 Collier County, Rorlda, being more particularly O=~crib=d o= follows: B~gJnnlng e[ th~ No~h 1/~ corner of Section T~wnsnlp 4~ South, Renge 26 East, Collier County. F~orldo: thence South 89"54'24" East, aJong the tc~ cxf:t[ng southerly Hgnt of way line of Vonderbilt ~och RooO Extension, for a al!stance of 127.00 ~aat, to t~a Northwest:rly Corner of Fountainhead 5~divi~Jon Replat, according to '".corded ~n Plat Bock 27, Pogea 53 and 54 oPthe =~b:lc Records of Cailler County. Florida: thence 9o~tn 00'05'38" West, along the westerly bounde~ o~ sam Fo~n(~inheod Subd[~ion Rcplot for a ~tonc$ of 5.00 ¢o~t; thence North 89'54'24" West, *or o distance of 127.00 ~eatl [hence North ~9'55'57" West, f~r ~ df~tonc~ ef 170.60 feat; :-inca Nort~ 01'04'35" E~t, for o distance of 5,00 '=et, to o point of intersection with the northerly 'rs of se~d section 5, solo ~[ne also being t~ ex~sti~9 southerly right of wey I~ne of Vonderbllt ~eoch Reed Extension; thence South 89'55'37" Ezst, c,ong said northerly tine, for o dlstonce of !70.51 fe~t, to the POINT OF BEGINNING; Containing 3,03~ ~crea, more or [ess, FOLIO NO. S00'05'36"W FOUNTAINHEAD 5.00' SUBDIVISION REPLAT ,kote~: 1. This is not o survey, 2. Basis of bearing is plot. 5. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per pier., unless otherwise noted. 5. ROW represents Right of Way. EXHIBIT Page. 22 5AVID O:' ~Hi/¢/TT, PI~.M. (FOR mE RRM) FLA. MC. ND. 5BSd" ~ ~ 'O~ (DA~ SIGNED) NOT WED ~mOUT mt S~GNX~RE XND THE ORIGINAL RAISED SEAL ~ A FLORIDA UCENSED SUR~YOR AND MAPPER SKETCH AND DESCRIP~ON iWILKISON & TEe NC. I J SCALE SEC/SUB J AS NOTED 5/49/26 DATE SHEET 05/02 I OF 1 ENGINEERS, SURVEYORS AND PLANNERS .3506 EXCHANGE AVE. NAPLES FLA..34104 (941) 545-2404 FAX NO. (94i') 64.]--5175 ~LORIDA BUSINESS LICENSI NO. LB5770 W.O. NO. DRAWN BY 0224.1 EAW FB PO CHECKED BY DWG. NO. DJH FILE NAME VANDYBAS£.DWG VBR-L-128 N VANDERBtLT BEACH EXISTINg VARIED ROAD ROW DESCRIPTION: The Northerly 10.00 feet of Tract "E" of Fountainhead Subdivision Rapist, as recorded in Plot Baal< 27 at Pages 53 and 54, of the Public R~cords of CoJlier County, Florida. Containing 0.020 acres mare or iess. FOLIO NO. ~t~¢o¢4~,4,~ 0 30 60 90 Notes: EXHIBIT Page :';~ o~ iSCALE AS NOTED tDATE 105/02 I. Thls is not o survey. 2. Basis of beorin6' is pJot. 3. Subject to eosements, reservotions ~nd restrictions of record. Easements shown ~erean ~re per plat, untess otherwise noted. 5. ROW represents Right of Way. I OF1 EAW CHECKED BY DUH SHEET FB PG DWO. NO. VANDYBASE.DWG VBR-L-129 5/~9/2§ 0224.1 SEC/SUB W.O. NO. DRAWN BY FILE NAME WILKISON & TES NC. M ENGINEERS, SURVEYORS AND PLANNERS 350§ EXCHANGE AVE. NAPLES, FLA. 34104 (941) 645-240~ FAX NO. (94.1) 643-5175 FLORIDA BUSINESS UOENS NO. LB5770 DA~qD 'J."i~Y~r, P.~.~L (FOR THE FIRM) FLA. LIC. NO. 58~4 NOT VALID ~mOUT THE SI~A~RE AND THE ORI~NAL R~SED SE~ OF A FLORtDA SKETCH AND DESCRIP~ON 10.00' Z 10' UTILITY EASEMENT---.. Notes: 1. This is not o survey. 2. Basis of bearing is )lat. 3. Subject to easements, reservations and restrictlone of record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5. ROW represents Right of Way. UTIUTY EASEMENT NORTHWEST CORNER OF' TRACT "E" LINE VANDERBILT BEACH EXISTING VARIED ROAD ROW 0 40 80 120 130 500'05'59'W 10.19' Description: A portion of Tract "E", Augusta Fails, according to the plat thereof oe recorded In Plat Book 27, Pages 51 and 52 of the Public Records of Cailler County, FIorlda, lying wlthln Section 5. Town~hlp 49 South, Range 26 East, Cailler County, Florida, being more particularly described aJ fallows; Beginning at the the Northwest corner of Tract "E", Augusta Falls, according to the plot thereof as recorded In Plat Book 27, Pages 5t and 52 cf the Pubilc Records of Collier County, Florida; thence South 8g'54'2&" East, along the tho north line cf sold Tract "E", said north line ciao being the the south line of Vonderbilt Beach Road Extension right of way. for a distance of 541.02 feet, to the the .'lorthwest corner of Tract "DD' of the Vineyards Unit 3A according to the plat thereof as recorded !n Plat Book 17, Pages 7 through 18 of the Public Records of Collier County, Florida; thence South 00'05'3g" West, along the the West line of said Tract "P.D' for a distanco of' 10.19 feat; thence South 88'16'16" East, atancj tho tho South Ilne of ~clcl Tract "DE)", and the North Line of said Trcct "E". !or a :!stance cf 273. g3 feet; [hence South 01'43'4~,' West, for a dlstance of 5.00 f~ct; thanes ;~ort~ a8'16'16" West, for c distance of 280.51 feat; thence ~ortt~ 8§'5&'24' West, for o distance of *;9.~8 feet: thence North 00'05'39" East, for o ~s[ance of 5.00 feet; thence North 89'54'26' West, for o ~istance of 2!~.91 feet, to the t~e West line of :~id Trcct "E"; thence North 00'05'36" East, oiong [ho the West line of satd Tract "E', fora :;stance of 10.00 feet, to the POINT OF BEGINNING; Containing 0.124 acres, mars or less. FOLIO NO. SO1 '43'44"W 5.00' 5' UTILITY EASEMENT EXHIBIT, FEE SlMla[~ DAVID J. [4~ATI', ~.bl. (FOR THE FIRM) FLA. UC. NO. 583'4 NOT VAUD ~OUT ~E SIGNA~RE AND ~[ o~aNAL RAISED SEAL OF A UC~SED SUE~YOR AND M~PER SKETCH AND DESCRIP~ON lWl LKISO N & TES NC. ~ ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 64-3-2404 FAX NO. (941) 6¢5-5173 FLORIDA BUSINESS LICENSE NO. L85770 SCALE SEC/SUB SHEET 05/02 1 OF 1 0224.1 EAW J VANDYBASE. DWG FB PO CHECKED BY J DWG. NO. DJH ! VBR-L-130 ~ 10.( AUGUSTA FALLS PLAT BOOK 27, PAGE 51 TRACT "AA" THE VINEYARDS UNiT SA PLAT BOOK 17 PAGE 7 EXISTING UNF TRACT (D r'h ~> cD EASEMENT PARCEL 131 Wils Miller 0 25' 50' 75' SCALE: 1"= 50' Notes: 1. This is not a survey. 2. Beorings bosed on sold plot 3. Subject to eosements, reservotions and restrictions of record. 4. Eosements shown hereon ore per plot, unless otherwise noted. Description: BEING ALL OF' TRACT "OD", THE VINEYARDS, PLAT 300K 17. PAGES 7-18 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; 3CNTAtNING 1 75 ACRES, ~ORE OR LESS. EXHIBIT Page ,, ~ of,. ~'~ FF~ SIMPLE INTEREST DAVID J. HY~I'T. P.S.[~I. (FOR THE FIRM) FLA. LIC. NO. ,5834 NOT VALID WI'THCYdT THE SIGNATURE ~O THE OEIGtNAL RAI~ED SEAL OF A FLORIOA LICENSED SUR~YOR AND MAPPER COUNTY NOV 0'~. 2002 - 13;23:51 *,~API[R~X \$UR\O4224\VANOY\IL572-C.~wg n , ), FOLIO NO. 4 z ? oooo P~C~. I ~ VANOERB[LT ~EACH ~OAD EXISTING 170' ROW ~~ S89,4'03'E 5,2.,3' / ROW LINE ~ T~ACT ~8 ~ ~. ~ bm reACT , ,.-o r~. z~' Z ! COL~EN OATE ESTATES 0 0 NORTH 105' OF UMT SS, 0 ~ THE NOR~ 180' i ~LAT BOOK 4. ~AGE 45 ~ , OF TRACT 20 SOUTH 75' O~ ~ ~ ~ ~ ~ ~ F' Descr;pt;on: ~~USl~ BEC;NNING AT THE NORTH~ST CORNER 0F TRACT t5 COLOEN OAT~ ESTATES UNiT 95, PLAT BOOK 4, ~ R~~y, ~ j pAoS 45 OF THE PUBLIC RECORDS OF COLLIER ~ ~~~ ~ COUNTY, FLORIDA: ' ~ T~ENCE ALONG THE NORTH LINE OF SAID TRACT ~ SOUTH 8g'54'03" EAST 512,13 FEET TO ITS ~NTERSECTiON ,~ THE ~ST LINE OF A 100 FOOT  ROADWAY EASEMENT PER SAiD PLAT; THENCE LEA~NG SAID NORTH LiNE SOUTH 00'28'58" Not~3: ~ST ALONC SAI0 W~ST LINE 211.42 FEET TO ITS 0 50' *~ ' ~NTERSECTION ~TH THE SOU~ LINE 0F SAID TRACT; ~O :50' 1. T~is ;s ~ot o survey. ~CALE: I"= !00' THENCE ALONG SAID SOUTH LINE SOU~ 89'51'02" '~[ST ~5.75 FEET; THENCE LEA~NG SND S~ LINE NORTH 02'55'41" 2. Bearings ore based on State Plane EAST 134.11 FEET; Coordinatos, Florida East Zone. THENCE NOR~ 45ql'~t" ~ST 6732 T~ENCE NOR~ 8g'54'10" ~ST 456.32 3, Subject to easements, reservations and WEST UN6 OF SAID restrictions of record. %HENCE ALONG SNO ~ST LiNE NOB~ O1'1~'59" THE POINT OF BEGINNING, 4. Easementa shown hereon ar~ p~r plat, CONTAINING 0.+2 A~ES, MORE OR LESS. 5. ROW r~pr~s~nts Right of Way. ~*~e '~..~, ~u. (r~ THE ¢L~. L~C.~O. 58]4 6. P.O,B. represents Paint of Beginning. ~(DATE SI6NED) NOT VA~ID ~OUT ~E SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA 7. P,O.C. represents Point of CommencemenL UCEN~EB SUR~YOR AND MAPPER Wil MiileF ' -'- Oct 29, ~002 - 13:03;57 ~APr[Rix:~sURXO422¢XVANDY~lL372_A~ PARC'=' ua. 13,3 VANDERBtl'T BEACH ROAD EXISTING 170' ROW EXHIBIT. A__ Page ~_Z_.of., ~ N TRACT 18 15. 75' PARCEL 133 TRACT 17 ~ ]5. 42 5097,1 'OZ"~ ",O.D. P,O,C, JTH 105' OF NORTH iBO' TRACT 20 T~ NO~TH 180' Or TRACT 20 TRACT 20 GOLDEN CATE ESTATES t5~ UNIT 95, PLAT BOOK 4, PAGE 45 .'.,60' R~'DW~Y EASEMENT 7TH AVENUE S.W. TRACT 21 CHERRYWOOD DRfVE Notes: 0 50' 100' 150' SCALE: 1"= 100' 1. This is not o survey, 2. Bearings ore based on State Plane Coordinates, Florida East Zone. 3. Subject to eosements, reservations and restrictions of record. 4, Easements shown hereon are per plat, unless otherwise noted. 5. ROW rel~resents Right of Way, 6. P.O.B. r~gresent~ Point of Beginning. 7. P.O.C. represents Point of Commencement, 0 eacrlptlon: CC,VMENC;NC AT THE NORTHEAST CORNER OF TRACT 17, GOLDEN GATE E~TATES UNIT 95, PLAT BOOK 4. ~AOE 45 OP THE PUBLIC RECORDS OF COLLIER COJNTY, FLORtDA; THENCE ALONG THE NORTH LINE OF SAID TRACT SOUTH 89'~1'02" WiST 50.00 FEET TO THE POINT THgNC[ LEA~NG SAgO NORTH UN[ SOUTH 00'28'58" EAST ALONG TN[ ~ST LiNE 0F A 100 ~OOT ~OA~WAY EASEMENT PER SAID PLAT, 330.00 FEET TO ITS INTERSECTION ~TH THE SOU~ LINE OF SAID TRACT; THENCE ALONG SAID SOUTH LiNE SOUTH 89'31'02" WEST 35,~2 FEET; THENCE L~A~NG SAID SOUTH LINE NORTH 02'55'41" WEST 330.59 FEET TO ~E NORTH LINE OF SAID TRACT: THENCE ALONG SAiD NOR~ LiNE NORTH 89'31'02" EAST 15,75 FEET TO THE POINT OF BEGINNING. CONTAINING 0. lC ACRES, MORE OR LESS. >ERP~AL, ~~ ~OAD RIGHTS.y, ~ AND ~LIW ~ DA~O J, HY~T, P.~M. 00~ THE FLA. LIC. NOT VALIO ~OUT ~E SIGNA~RE AND THE ORIGINAL RAISED SEAL OF A FLORfDA LICENSED SuR~YoR AND MAPPER FOLIO NO. OI= T'RA ~A T'K~N SKETCH AN~ DE~CRIP'T'ION a~l 29. 2002 - 13:03:57 JN AP~EI~X~ \SU~\0412'~\VANDY\I L 3') 2. A.Sw~ TRACT 17 GOLDEN GATE ESTATES UNIT g§. PLAT BOOK 4, PAGE 45 T,RACT 16 PARCEL '1,34 "EXHIBIT A__6_. NO~TH 105' OF THEJ NORTH 180' O1 TRACT 20 SC~TH 75' OF THEE NOR ,~. ' 180' CF TRACT '20 o~.~)u TH TRACT 20 =.O.D. -=,AC,' 21 $89 '55 60' ROADWAY EASE,VENT 7TH AVENUE S.W. TRACT 15 CHERRY',YOOD ~'~ I TRAOT 22 WilsCnMilleF ..... '~ ~mnm,aIl~ · Fist ~e¢~,4~. ~ ~ .llsi4h mmm~aamm~m Oct 29. 3002 - 13:03:$7 ,;;~Apl£~l~\~l~\O42,~4\¥nND¥~lL372_A.dwg N 50' 100' 150' SCALE: 1"= 100' Notes: 1. This fs not o survey, 2. Bearings are based on State Plane Coordinates, Florida East Zone. 3, Subject to easements, reservations and restrictions of record. 4. Eosements shown hereon are per plot, unless otherwise noted. 5. ROW represents Right of Way. 6, P,0,B, represents Point of Beginning. 7. P.O.C. represents Point of Commencement. g a scrip lion C3gUENCINC AT TH__. NORTHEAST CORNER OF TRACT :5. GOLDEN GATE ESTATES UNIT 85, FLAT BOOK 4. PAOE 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIOA; THENCE ALON(] THE NORTH LINE OF SAID TRACT SOUTH 89'31'02" W~ST 50.00 FEET TO THE POINT Or 8~GhNNING; THENCE LEAVING SAID NORTH LINE SOUTH 00'28'58" EAST ALONG THE WEST LINE OF A 1oo FOOT ROADWAY EASEMENT, ,320.00 FEET TO iTS ,NTERSECT!ON WITH THE NORTH LINE OF A 60 FOOT I~CAOWAY EASEMENT; THENCE ALONO SAID NORTH LiNE SOUTH 89'55'49" ~CEST 57.40 FEETI Td~NCE LEAVING SAID NORTH LiNE NORTH 01'18'25" WEST 319.78 FEET TO THE ,NORTH LINE OF SAID TRACT; tHENCE ALONG SAiD NORTH L~NE NORTH 89'31'02" EAST 47.4.0 FEET TO THE POINT OF BEGINNING, CONTAINING 0.38 ACRES, MORE OR LESS. DAVID ~, HY,'~rT. P.~.H.~OR THE RRM} NOT VALID ~OUT ~E SlGNA~RE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED 5UR~YOR AND MAPPER FOLIO NO.7 O~ TRA~A ~ ~KETOH ANO DE$CRI~ o4~24-0oo-ooo ,34 cF X.A' VANDF'RBfLT BFACH ROAD FXJSTJNG 170' ROW EXHIBIT TRACT 18 TRACT 17 TRACT 19 NORTH 105' CF THE NORTH 180' OF TRACT 20 SOUTH 75' OF THE NCRTW t80' OF TRACT 20 SOUTH 1SD' OF TRACT 20 5J. 9~' PO.C. TRACT 16 0r TRACT PARCEL J4. ~J' 7TH AVENUE S.W. s89'Jroz"~ CHERRYWOOD 60' ROADWAY EAS iMENT DRIVE GOLDEN GATE ESTATES UNIT PLAT BOOK 4, PAGE 4,5 TRACT 1,5 TRACT 22 Wils nMiller ~._ ~_~:~'.~.~ ,.NAP~[RIX: \SUR\O¢22'~\VANOY~IL372 - A.dwg Notes: 50' 100' 150' SCALE: 1"= 100' 1. This is not a survey. 2. Bearings are based on State Plane Coordinates, Florida East Zone. ,Subject to easements, reservations and rcstrfctions of record. 4. Easements shown hereon arc per plot, unless o~herwise noted, 5. ROW represents Right of Way. 8. P.O.B. represents Point of Beginning. 7. P.O.C. represents Po;n[ of Commencement BEING A PART OF TH~' ~ST I/2 OF' TRACT 21, GOLDEN GATE E`STATES UNIT OS, PLAT BOOK 4, PAGE 4§ OF THE PUBLIC RECOROS Of COLLIER COUNTY, FLORIDA, AND BEING UORE PARTICULARLY DESCRIBED AS ~OLLO~: COU~ENCING AT THE NORTH~ST CORNER OF TRACT.. T~ENCE ALONG THE NOR~ LIN~ OF SAID TRACT NORTH 89'31'02" ~ST 50,00 FEET TO ~E ~OINT OF BEGiNNiNG: THENC~ CONTINUE ALONG SAID NORTH LIN~ NOR~ ' BO'31'02" EAST 53,94 FEET; THENCE LEA~NG SAID NOR~ LiNE SOU~ 02'58'14" ~ST, 520.58 FEET TO THE NORTH L~N[ OF A 60 FOOT ROADWAY EASEMENT PER SAiD PLAT; THENCE ALONG SA~D ~OR~ LINE SOU~ 8g'51'02" ~ST 5~.65 FEET TO THE EAST LJN~ OF A 100 FOOT ROADWAY EASEMENT PER SAID PLAT; THENC~ ALONG SAID EAST LiNE NORTH 00'28'58" 320.00 FEET T0 THE POINT 0F BEGINNING. CONTAINING 0.55 ACRES, MOR~ OR LESS, Pr~lm~n,lA~ NON-EXCLUSIVE DAVtD J. H~'~J"TT, P.~'~'.bL ~OR THE FIRM) L,A. LK~. N~. 583* NOT VAU0 ~mOUT mE SIGNATURE AND THE ORIGINAL RAI~ED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER FOLIO COLL./ER COUNTY DEPARTMENT O/~ TRAN, B/~A VANDERBILT BEACRROAD ' w EXH B T A EXISTING 170 RO . wa,..~ o~ ~ F o so' oo' TRAC 18 m m TRACT lg ~o ~o SCALE: l"=lOO' u~, ~ 1 This is not a ~rvey. '8~ 8,~ s 2. Bearings ore based on State Plane Coordinates, Florida East Zone. ~ ~ NORTH ,05' OF T~E NOR~ 180' 3. Subjoct to oamamon~m, reservations OK TRAOT 20 Festriction~ of Fecord, · ,, 4. Eosements shown hereon ore per plat, TRACT 17 SOUTH 75' OF un)e~ otherwise noted. : THE NORTH : v89'J)'02"~ OF T~ACT 20 5, ROW represent~ Right of Way. PARLE' ~ ~ 7. P.O~C, repr.s.nt~ Point of Commencement. ~ Descrlp[ion: '.O.B.~ 50 ~ GOLDEN GATE ESTATES UNIT 95, PLAT BOOK 4, PAGE 45 OF ~[ PUBLIC RECORDS OF COLLIER COUNTY, C.'_/~ ~ 9'J)SJ'P4"OZ"W ~LCRIDA.A5 FOLLOws;AND BEING MORE PAR~CULARLY DESCRtBEO P ,0. COMMENCINC AT THE SOUTHWEST CORNER OF SAID TRACT; THENCE ALONG THE SOU~ LINE OF SAID TRACT ~9'31'02" EAST 50.00 FEET TO ~E POINT OF ~ ~EGINNING; I ~ ' ~ EASEMENT PER SAID PLAT, ~50.00 FEET TO THE TRACT 16 ~ O~ L)N~ OF THE SOU~ 150' OF SA}D TRACT1 [ ' ~ ~ 'bEST 1/2 62. gg~ENCEFEET;ALONG SAID NORTH LINE NORTH Bg'31'02" EAS'  ~ CF TRACT O ~ 21 THENCE LEA~NG ~AID NORTH LINE SOUTH 02'5B'1~" ~ --~ '~ST 150.27 FEET TO THE SOU~ LINE OF SAiD TRACT; ~ THENCE SOUTH 89'51'02" ~ST 53.94 FEET TO THE Z ~ ~ POINT OF BEGINNING. m ~~ ~ ~ CONTAINING 0.20 ACRES, MORE OR LESS. L 60' ROADWAY EAS :MENT DRIVE gOLDEN gATE ESTATES NOT VAUO ~THOUT ~E SIONA~E AND UNIT gs, THE ORlOtNAL RAISED SEAL OF A FLORIDA PLAT BOOK 4, PAGE 4~ LrCENSEO SU~YOR AND ~APPER FOLIO NO. I PeRPeTU~ NOi~.XCLUaI~ ROAD RI~HT. OF.~aW, DRAINN~ VANDERBtLT BEACH ROAD No. NO 170' ROW EXHIBIT__4._ N TRACT 18 TRACT 17 1' O. ~3., L~C TRACT :~ 7TH AVENUE S.W. 60' ROAD R.O.W. TRACT 15 _1 50. O0 TRACT 19 NORTH !05' OF' THE NORTH tBO' OF TRACT 20 'O2 6Z52' Notes: 0 50' 100' 150' SCALE: 1"= 100' 1. This is not o survey, 2. Bearings ore based on State Plane Coordinates, Florldo East Zone, 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plot, SOUTH 75' OF unless otherwise noted. THE ,NORTH CF TRACT 20 ..~. ROW represents Right of Way, ~9'm'o~"w X,: ~,RCEL SOUTH OF TRACT 20 ~ST ~/2 TRACT 21 CHERRYWOOD DRIVE 6. P,0.~. represents Point of Beginning. 7, P.O.C. represents Point of Commencement, OescrlpIiofl: [~EIN0 A PART OF THE SOUTH 75 FEET OF THE NORTH ',B0 FEET OF TRACT 20, GOLDEN GATE ESTATES UNIT 35, PLAT BOOK 4, PACE 45 OF' THE PUBLIC RECORDS CF COLLIER COUNTY. FLORIDA, AND BEING MORE ~ARTICULARLY DESCRIBED AS FOLLOWS: COMMENC]NC AT THE NORTHWEST CORNER OF SAID -RACT; THENCE ALAN0 THE WEST LINE OF SAID TRACT SOUTH 00'28'58" EAST 10§,00 FEET TO THE NORTH LINE OF THE SOUTH 75' OF THE NORTH 180' OF SAID TRACT; THENCE ALONg BAiD NORTH LINE NORTH 8g'31'O2" EAST 50,00 FEET TO THE PO~NT OF BEGINNING; ' THENCE CONTINUE ALONG SAID NORTH LINE NORTH 89'31'02" EAST 67.52 FEET; ~HENCE LEAV1NC SAID NORTH UNE SOUTH 02'58'14" V~ST 752¢ FEEt TO THE SOUTH LINE OF THE SOUTH 75' OF THE NORTH ~80' OF SAID TRACT; THENCE ALONG SAID SOUTH LINE SOUTH 8g'St'02" WEST 62gg FEET TO ITS INTERSECTION WITH THE EAST LINE OF A 10o FOOT ROADWAy EASEMENT PER SAID PLAT; THENCE LEAVING SAID SOUTH LINE NORTH 00'28'58' ~$T ALONG SAID EAST LINE 75,00 FEET TO THE POINT OF {]ECINNINO, CONTAINING 0.11 ACRES, MORE OR LESS. GOLDEN GATE ESTATES UNIT 95, ~LAT BOOK 4, PAO~ 45 TRACT 22 83051 l . ~.~o. ~o.: 138 Wils Millw DAVID J. Ny:~N'TT, p.~J: (FOR THE FIRM) NOT VALID ~THOUT THE SIONATU.E AND T~E OmOINAL RA, S[O SEAL OF A FLORIOA LICENSED SURVEYOR AND MAPPER FOLIO NO. OOL~ ~-ER COUI~ O~-PAFITMENT 0t= TRAN~:~rI'A TION SKE'I'G~I ANO DESCRIPTION VANDERDILT BEACH ROAD EXISTfNO 170' ROW · 1' 9 EXHIBIT N "RACT 16 ~_~ © 7.TH AVENUE S.W. 6_0' ROADWAY EASI TRACT Notes; 0 50' 100' 1,50' SCALE: 1"= 100" 1. This is not a survey. 2. Bearings are based on State Plane Ccordfnates, FIorido East Zone. 5. Subiect to eosemente, reservations and restrictions of record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5. ROW represents Rfght of Way, 5. P,O.B, represents Point of Beginning. 7. P,0. C. represent,~ Point of Commencement. 50, O0 TRACT /PARCEL ~Z52' 3CUTH 73' OF 3P ~,~ACT 20 O~j OF ~ACT 27 :MEN T 3~scdpllon: ~.F. iNO A PART Or THE NORTH !0§ FEET ar THE NORTN tS0 FEET OF' TRAOT 20, GOLDEN GATE ESTATES UNIT 95, PLAT BOOK 4, PAOE 4.~ OF THE PUBL/O RE:CORDS O? 00LL;ER COUNTY, FLORIDA, AND BEING MO~E ~ARTtCULA~LY 0ESCRIB[O AS FOLLOWS; CCVMENONG AT THE NCRTH~ST CORNER OF SAID T~ACT; THENCE ALON0 TH6 NO~TH LI~E O~ SAIO T~ACT NOBTH 89'3~'02' EAST 50.00 FEET TO IH[ POINT OF 7~[~C[ CONTiNuE ALON0 SAIO NONTH LINE 89'3}'02" EAST 73.88 FEET: . .H_NC~ LEA~NC SAID NOR~ LINE SOU~ O2"58'14" ',',EST 105.~9 FEET TO TH~ SOUTH LINE OF THE NOR~ !05' OF THE NORTN 180' OF SAID TRACT; THENCE ALONG SAID SOUTH LINE SOU~ 89'31'02" 67.52 FEET TO ITS {NT[RSEC~ ~ ~IE EAST LIN~ OF A 100 FOOT ROAOwAy EASEMENT PER SAID PLAT: T~NCE LEA~NC SAIO SOUTH L~N[ NOR~ ~ST ALONG SAID EAST LINE 105,00 FEET TO THE POINT OF ~EGINNING. CONTAIN[NG 0.17 ACRES. MORE OR, LESS. · ~?~ , < 2 . (¢ aR THE FIRM) FI.A, LIC, NO, ,5834 ~ (DATE STONED) NOT VALID WiTHouT TH[ SIGNATURE AND L',CENSEO SURVEYO~ AND MAPPER FOLIO 04224-000-o00 ,I~ or XX OF TRA~A T-tON WilsPnMiile'F ..... -' Cci 2g, 2OO~ - t5:03:~7 CHERRYWOOD DRIVE GOLDEN CATE ESTATES UNIT 9,5. PLAT gOON 4, =AGE 4.5 TRACT 22 COU_~ER OOUNTY D~-7~ARTM~NT -.,-' )o-F-  'I/IVANDF'RBILT BF.ACH, ROAD EXISTING 170' ROW EXISTING x SOUTH P.O.B.'-~ $8g'54'05'£ /ROW UNE . :~ ~' XPARCEL NORTH lOS' OF THE NO~TH 180' 0F TRACT 20 THE NORTH OF TRACT 20 SOUTH 1~0' FOLIO NO. PERPETUAL, NON--EXCA.U~ ROAD RIGMT-OF4AIAy, AND UTILITY EXHIBIT., Page ~ ~ Notes: 0 50' 100' 150' I. This is no[ a survey. SCALE: I"= !00' 2. Bearings ere booed on SI. ore P!on¢ Coordinates, Florida £ast Zone, 5, Subject to easements, reservations and restr[ctione of record, 4, Eosemenf. s shown hereon are per plat, unless otherwise noted. ,5' ROW represents Right of Way, 6. P.O.B. represents Point of Beginning, 7. P.OC. represents Point of Commencement. 2002 - 13:0]:~7 ~APIEREX:~$UR~O4~Z4~VANOY\TL.~72.A.C~wQ BEG,NNING AT THE NORTHEAST CORNER OF TRACT 'g, GOLDEN GATE ESTATES UNIT 95. PLAT BOOK 4, PAGE 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: THING... ALONG THE EAST LINE OF SAID TRACT SOUTH 00'28'58" W~ST 60,00 FEET: THENCE LEAVINO SAID r'AST LINE NORTH 8g'5¢'03" WEST 380,02 FEET: THENCE NORTH 00'28'58" W~ST 15,00 FEET; THENCE NORTH 89'5¢'O3" W~ST 160,8.] FEET; THENCE SOUTH 02'58'14" WEST 164.85 FEET TO THE SOUTH LINE OF SAID TRACT; THENCE ALONG SAID SOUTH LINE SOUTH 8g'51'02" ~ST 73.80 FEET TO ITS INTERSECTION WITH THE EAST LINE OF A 100 FOOT ROADWAY EASEMENT PER SA~D PLAT; THENCE LEAVING SAID SOUTH LINE NORTH 00'28'§B" Y~:ST ALONG SAID EAST LINE 210.40 FEET TO THE POINT OF' BEGINNING. CONTAINING 1,07 ACRES, MORE OR LESS. ,.Fo. T.E t/-~,~¢~-~,' (OAT[ SIGNED) NOT VALID N~OUT THE SIGNATURE AND THE OR~O~NAL ~AI~{D S[AL OF A FLOR~OA UCENSED SUR~YO~ AND ~APPE~ COLLI~PI COUNTY C~PA~ OI= TRA~ATION SKETCH AND ,IDE~C~ VANDERBILT BEACH ROAD EXISTING 170' ROW S89'05'55"E 180,02' ~ ~D OI 'o 44 120' 0 40 80 SCALE: l"=B~ Notes: 1. This I. not o survey. 2. Bosls of beorlng la plot. 5. Subject to easements, rcsorvotions end restrictions of record. 4. Eosements shown hereon ere per plat, unless otherwise noted. 5. ROW represents Right of Woy. DESCRIPTION: The Northerty 60.00 feet of Troct 44, Less end Except, The East 150 feet. Golden OGre Estates. Unit 95, es recorded in P!at ~ook 9, Poge 45. of the Public Records of Coliier County, FlorIdm Containing 0.248 OCF6S more or less. FEE SIMPLE INTEREST FOLIO NO. ,~2~ao~8 120 EXHIBIT._~...~ Page SCA!F AS NOTED 9ATE 0~/o2 SKETCH AND DESCRIPTION iWILKISON &: TES ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34.104 (941) 643-2404 FAX NO. (941) 6¢3-5173 FLORIDA BUSINESS LICENSE NO, LB5770 SEC/SUB W.O. NO. DRA~N BY ] FiLE NAME GGE 95 (~224.1 EAW VANDYBASE.DWG SHEET t FB PO CHECKED BY DWG. NO. ! OF 1 DJH VBR-L-142 DAVID J. 'H~ATI', 15._q.M. (FOR THE FIRM) FLA. LIC. I~0. 5834 ~' - ~?'~- 0.~. (DATE SIGNED) NOT VAUD ~mOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LiC~NSE~ SURWYOR ^~D .APPER VANDERBILT BEACH ROAD EXISTING 170' ROW S89'05'55"E 150.00' © 4¢ N 0 40 BO SCALE: 1"=80' t20 Nates: l. This is not o survey. 2. Basis of bearing is plat. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted, 5. ROW represents Right of Way. DESCRIPTION: The Northerly 60.00 feet of The East 150 feet of Tract 4.4., Golden Gate Estates, Unit 95, os recorded In Plat Book 9, Page of the Pubilc Records of Collier County, F!orfda. Containing 0,207 acres mare or less. FEE SIMPLE INTEREST FOLIO NO. 4mza4~oooo SCALE SEC/SUB fAS NOTED GGE 95 DATE SHEET EXHIBIT.. Page_ o4/02 1 OF 1 DASD J7 ,~, P.~.M. (r~ mE RRM) FLA. LIC. NO. 5834 NOT VAUO N~OUT THE SeNATU~E AND mE OmmN~ RmSED SE~L OF A ~OmDn UCENS~ ~H~OR AN~ SKETCH AND DESCRIP~ON I,I~R WILKISON & ~ClATES I I INC. I ENGINEERS, SURVEYORS AND PLANNERS 3§o~ EXCHANGE AVE. NAPLES. FLA. (941) 643-2404 FAX NO, (94.1) §4'3-5175 FLORIDA BUSINESS LICENSE NO. LB5770 J W.O. NO. DRAWN BY 022~-.1 EAW FB PG CHECKED BY DWG. NO, DJH FILE NAME VANDYBASE.DWG VBR-L-143 VANDERBILT BEACH ROAD s8~9'o5' EXISTING 170' ROW 55"E 150.00' ~ACT 45 ¼ N 0 4O SOALE: 80 1"=80' Notes: 1. 'Pnf~ is not o survey. 2. Basis of bearing Is ptat. 5. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right of Way. 120 DESCRIPTION: The Northerly 60.00 feet of The Westerly 150 feet of Tract 45, Golden Gate Estates, Unft 95, as recorded [n Plat Book 9, Page 4-5, of the Public Records of Colller County, Florida. Containing 0.207 acres more or tess. FEE 81MPLE INTEREST FOLIO NO. 4~.~4e¢¢z FLA. LIC. NO. 5S34. ~,/-,2,,) '0/_ _ (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND ll-lE ORIGINAL RAISED SEAL OF' A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION EXHIBIT ,.~ WILKI$ON &: ~ATES w w INC. ~ ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 5410~ (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENS NO. LB5770 SEC/SUB FILE NAME OOE 9,5 VANDYBASE.DWG SHEET DWG. NO, 1 OF 1 VBR-L-144 SCALE AS NOTED DATE 04/02 W.O. NO. ! DRAWN BY 022¢.1 / RAW FB PG r CHECKED BY DJH ROAD PARCEL NO. \~ 5 . VANDERBILT EXISTING BEACH 17Q' ROW N S89'05'55"E 180.00' ·DRAINAGE ~ACT 45 0 0 4-0 80 12C SCALE: 1"=80' Notes: 1. This is not a survey. 2. Basis of bearing ie plat. 3. Subjecf. to ea~emonts, reservations and roa~rJcUon~ of record. 4-. Easements shown hereon are per plat, unless othsrwiss noted. 5. ROW represents R!ght of Way. DESCRIPTION: The Northerly 60.00 feet of The East 180 ~eet of Tract 45, Golden Gate Estates, Unit 95, os recorded in Plat Book 9, P~ge 45, of the Public Records of Collier County, Florida. Containing 0.248 acres more or FEE 81MPLE INTEREST Z4~'/t/'! /) BAV1D J. H¥~A~I'T, ~5~.M. (FOR ~E ~RM) ~. LIC. NO, 5834 NOT VAUD ~OUT THE SIgNA~RE AND ~E ORI~ RAISED SEAL OF A ~ORID~ uc~s~ ~ ~o ~A~ FOLIO NO. {SCALE 'WXHIBIT ,~ As J 3ATE 04/02,~ SKETCH AND DESCRIPTION · l~ WILKlSON & ~Jal~ AS SOC IATES I I ~INC. I ENGINEERS, SURVEYORS AND PLANNERS 550§ EXCHANGE AVE. NAPLES, FLA. 3~I04 (94-1) 643-2404 FAX NO. (941) 84.3--5173 FLORIDA BUSINESS LICENSE NO. L§§770 SEC/SUB I W.O. NO. GGE 95 'j0224.1 SHEET J FB PO 1OF1I DRAWN BY. J FILE NAME EAW' J VANDYBASE.DWG CHECKED 8YJ DW(L NO. DJH j VBR-L-145 ~ PARCEL NO. VANDERBILT BEACH ROAD s EXISTING 170' ROW 9'05'55"E 180.00' /,1./ EASEMENT-'~~ / b/ ~TR AiT c~ 6O DESCRIPTION: The Northerly 60,00 feet of The Wester*y 180 feet of Tract 60, Golden Gate Estates, Unit 95, as recorded in Plat Book g, Page ,~5, of the Public Records of Collier County, Florida. Containing 0.248 acres more or less. FEE SIMPLE INTEREST FOBO NO. ~/~4~o~ EXHIBIT A t SCALE ~8~ ~ o~~q LAS NOTED GGE 95 ~ DATE ~ SHEET  04/02 , ~ OF 1 Notes: 40 80 120 SCALE: 1"=80' 1. This fa not o survey. 2. Basis of bearing is pIot. SKETCH AND DESCRIPTION 5. Subject to easements, reservatfone qnd restrictions of record. ~-. Easements shown hereon are per plat, dnless otherwise noted. 5. ROW represents Right of Way. CjjiwI LK I s ° N &¢ TES INC. ~ ENGINEERS, SURVEYORS AND PLANNERS 3505 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 64'3-2404 FAX NO. (g4.1) 643_5173 FLORIDA BUSINESS UCENSE NO. LB$770 W.O. NO.I DRAWN BYI o224-11 RAWj VBR-L-146 ~ FILE NAME VANDYBASE.DWG DAVID d. HYATT, I~.~';~ (FOR THE RRM) F~. L~C.~r~ 5S3~ NOT VAUO ~T 'mE ~GNA~RE AND THE ORIGIN~ RAI~D S~L OF A ~OR.IDA UCENSED ~R~ ~D M~PER PARCEL NO.l.l I~ 1 VANDERBILT BEACH ROAD EXISTING 170' ROW i~ 30' DRAINAGE S89'05'55"E 150.00' DESCRIPTION: The Northerly §0.00 feet of The East 150 feet of Troct 80, Golden Gate Estotes, Unlt OS, as recorded In Plat Book g, Page 45, of the Public Records of Collier County, Florida, Contoining 0,207 acres more or FEE 81MPLE INTEREST FOLIO NO. 4~zs~¢~ 1 EXHIBIT Page ~:f of,,,-~ N 0 ~0 80 120 SCALE: 1"=§0' Notes: 1. This is not a survey. 2. Bosia of boating iD ~ p!at. :- 3. Sublect to easements, reservations ond restrictions of record. Easements shown h~reon are per plat, un!asa otherwise noted. 5. ROW represents Right of Way. FLA. LLC. UO~ ~8X4 ~E ORI=N~ RAISED SEAL or A ~ORIO LIOENS~ ~R~YOR ~D UAPPER SKETCH AND DESORIP~ON · l~ WILKISON &: ~ASSOClATE$ ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES FLA. 34-10¢ (941) 64-3-2404- FAX NO. (94:{) 64-3-5173 FLORIDA BU.~!NESS LICENSE NO, LB5770 SCALE i SEC/SUB iAS NOTED[ GGE 95 DATE SHEET 04/02 1 OF 1 , W.O. NO. r o224..1 FB PG DRAWN BY ). FILE NAME EAW J VANDYBASE.DWG CHECKED aY J DWG. NO. DJH I VBR-L-I¢7 VANDERBILT tACT 61 r¢) r,- ~3 DESCRIPTION: The Northerly 60.00 feet of Tract 61, the East 180 feet, Oolden Gate Unit 95, a~ recorded in Plat Book 9, Page 45, of the Public Records of Collier County, Florida. Containing 0.207 acres more or less. INTER£$T FOLIO NO. "cl°~4~toaoo EXHIBIT ,~ I'cAL~ Page 'r4e Of.'~q lAS NOTED DATE o~?o2 BEACH ROAD 170' ROW EASEMENT_._~~''~' !80' SEC/SUa N OCR 95 SHEET 1 OF 1 0 40 80 120 SCALE:I"=80' Notes: I. This is not o survey. 2. B~eie of bearing la plat. 3. Subject to c~scm~nts, reservotlIons and restrictions of record. 4. Easements shown. hereon ars per plat,; unless otherwise noted. 5. ROW represents Right of Way. DA~,D J.~A~, I~.S.M. (FOR THE FIRM) FLA, LIe?No, 5834. NOT V~D ~T ~E SlgNA~RE AND ~E ORIG1N~ RAISED SEAL OF A ~ORIDA LICENSED ~R~OR AND UAPP~ SKETCH AND DESCRIP~ON ENGINEERS, SURVEYORS AND PLANNERS ~5~ ENOHANSE AVE. NAPLES FLA. (941) 54.3-2404 FAX NO. (g4i') 643-517;3 FLORIDA BUS, NESS LICENSE NO. LB5770 I W.O. NO. DRAWN BY .J FILE: NAME 0224-.1 EAW J VANDYBASE.DWG FB PG CHECKED ByI DWG. NO. DJH I VBR-L-,148 oARCEL NO. \ ~ ~ VANDERBILT EXISTING _ 30' .. DESCRIPTION: BEACH ROAD 170' ROW The Nortt~erly 60.00 feet of the East !80 feet of Tract 61, Golden Gate Estates, Unit 95, os recorded tn Plot Bool< 9, Page 45, of the Public Records of Collier County, Florida. Contoinlng 0.24§ ocres more or less. FEE SIMPLE INTEREST FOLIO NO. EXHIBIT 0 40 80 120 SCALE: .Notes: 1. This Is nat a survey. 2. Bosis of bearing is pl~t. 3. Subject to cerement,*, reservotlons ~nd restr[ctlons of record. 4, Eosements shown hereon ore per plot;' dniess otherwise noted. 5. ROW represents Right ~AVI~ J. N~r.'~l. (fOR mE nR~> FLA. LIC. N~I. 58311," NOT VAUD ~OUT m~ ~NA~RE AND ~E ORIGINAL RAISED SEAL OF A FLORIDA UCENS~ SURVETOR ~D M~PER SKETCH AND DESCRIP~ON lWl LKISON &: TES ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE, NAPLES, FLA. 34104. (94,1) 84.3-2404 FAX NO. (941) 843-5173 FLORIDA BUSINESS LJCENSI NO. LB5770 SCALE SEC/SUB AS NOTED GGE 95 OATE SHEET 1 OF1 tFB PG j DRAWN BY EAW FILE NAME VANDYBASE.DWG CHECKED BY DWI2. NO. DJH VBR-L-14g PARCEL NO. VANDERBILT BEACH ROAD EXISTING '170' ROW S89'05'55"E ~ 80.00' /~/30' DRAINAGE EASEMENT~ ~TRAC' DESCRIPTION: The Northerly 60.00 feet of the West 180 feet of Tract 76, Golden Gate Estates, Unit 95, os recorded In Plot Book 9, Page 45, of the Public Recorde of Collier County, Fiortde. Containing 0.248 acres more or less, FEE SIMI:~E INTEREST FOLIO NO. ~/~-; ?~ EXHIBIT A Page ~2- ~f ~.~ SCALE AS NOTED DAT~' 04/02 0 40 80 120 SCALE: 1"=80' Notes: t. This is not a survey, 2. Basis of bearing is piat. 3. Subject to easements, reservations and restrictions of record. 4, Easements shown. hereon are per plat, unless otherwise noted. 5. ROW represents Right of Way. OAWO J H(C'ATT F:S M (~ mE F~) NOT VAUD ~OUT THE SIGNA~RE AND ~E ORIGINAL RAIS~ SEAL OF A FLORIDA U~N~ SUR~YOR AND MAPPER SKETCH AND DESCRIP~ON WILKISON & ~ASSOCIATES INC. ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34.104 (941) 643-2404 FAX NO, (941) 64-3-5173 FLORIDA BUSINESS LICENSE NO, LB5770 SEC/SUB,J, W.O. NO. DRAWN BY, FILE NAME GGE 95 0224..1 J EAW VANDYBASE. DWG . SHEET I FB PO CHECKED ByI DWO. NO, 1 OF 1 DJH VgR-L-150 PARCEL NO. ~ ~,,~L VANDERBILT BEACH ROAD EXISTING 170' ROW S89'05'55"E 150.00' 76 DESCRIPTION: The Northerly 60.00 feet ef the East 150 feet of Tract 76, C;olden C-af.o F'~tates, Unit SS, os recorded in Plat Book 9, Pegs 45, of the Publla Records of Collier County, Florido. Containing 0.207 seres more or less. FEE SIMPLE INTEREST FOLIO EXHIBIT Page SCALE i SEC/SUB AS D~:ED O:~E E~.9 5 04/02 1 OF 1 N 0 40 80 120 SCALE: 1"=80' Notes: 1. This !s not o survey. 2. Rosis of beefing Is plat. ,3. Subject to easements, reserved, ion s end restrictions of record. 4. Easements shown- hereon are per piat,' unless otherwise noted. 5. ROW represents Right of Way. ~A~D u:' H~TT. p~.~. (-FOR mE FLA. UC. ~. NOT VAUD ~mOUT ~E SIGNA~RE ~E ORIGIN~ RNSED SEAL OF A ~ORIDA UCEN~ ~R~Y~ AND M~PER SKETCH AND DESCRIP~ON ~,~~, WlLKISON & ~1111~ SOC I AT E $ ~ ~ INC, ~ ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (94.1) 643-2404 FAX NO. (941) 643-5173 ?LORIDA BUS,NESS LICENSE NO. LI35770 W.O. NO.J DRAWN BY .J FILENAME VANDYBASE.DWG VANDERBILT BEACH ROAD EXISTING 170' ROW '05'55"E 150.00' 77 DESCRIPTION: The Northerly 60.00 feet of the West 1,50 feet of Troc[ 77, (}olden Gate F_stotes, Unit 95, aa rocordod In Plat Book 9, Page 45, of the Public Records of Collier County, F]orlda. Containlng 0.207 acres more or less. FEE 81MPLE INTEREST N 0 40 80 12C SCALE: 1"=80' Notes: 1. This is not a survey, 2. B~sis of beoring plat. 3. Subject to sosements, reservatlone and restrictions of record. 4. Easements shown ~ereon are per plat,: unless otherwise noted. ~. ROW repres~nt~ Right of Way. ~z, uo, NO, ~ '~ (OA~ SIGNED) NOT V~D ~T ~e SIGNA~RE AND ~E ~IGIN~ RAISED ~AL OF A U~N~ ~R~YOR AND MAPPER SKETCH AND DESCRIP~ON l Wl LKISON &: TES ENGINEERS, SURVEYORS AND PLANNERS FOLIO NO. ~l,~7a!~-~¢~EXOHANOE AVE. NAPES, FLA. 3.104 B43-2404 FAX NO, (g~l) 643-5173 FLORIDA BU51NESS ~CENS~ NO. LB5~O ~.XHIBIT .~ j SCALE SEC/SUB 'AS NOTED GGE 95 DATE SHEET 0¢/02 ! I OF 1 w.o. NO.J DRAWN BY, 0224.1t RAW FB PG CHECKED B' [ 9JH FILE NAME VANDYBASE.DWG DWO. NO, VBR-L-152 NO. I VANDERBILT BEACH ROAD EXISTING 170' ROW ~ .30' DRAINA{ S89'05'55"E 180.00' -TIACT ? DESCRIPTION: 77 0 The Northerly 60.00 feet of the East 180 feet of Tract 77, Golden Gate Estates, Unlt 95, as recorded in Piat Book 9, Page 45, of the Public Records of ColIier County, F!orlda. Containing 0.248 acres mare or less. FEE SIMPLE INTERE8T FOLIO o~/o2 I OF1 XHIBIT A Page ~ o4 ~ SCA~ sEC/SUB W.O. NO. AS NOTED GGE 95 022~,.1 I DATE SHEET FB PC DRAWN BY 'lFiLE NAME EAW t VANDYBASE.DWG CHECKED BY DWG. NO. DJH VBR-L-153 Notes: 1. This is not a survey. 2. Basis of bearing Is plat. ~. Subject to easements, reservations and restrictions of record. 4. Easements shown' hereon are per plat, unless otherwise noted. ._5. ROW represents Right of Way. h' 'Z ~-C)/~ (0ATE Sm, NED) NoT v~UD ~OUT mS Sm~ZTUR~ A~D ~E ORI~N~ RAI~O SEAL OF A ~ORIDA LICENSEO ~R~YOR AND MAPPER SKETCH AND DESCRIP~ON WILKISON &: ASSOCIATES INC. I' ENGINEERS, SURVEYORS AND PLANNERS 3505 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS UCENSE NO. LB§770 0 40 80 120 SCALE: 1"=80' VANDERBILT BEACH ROAD EXISTING 170' ROW S89'05'55"E 330.02' 7RAC'" 92 S89'23'25"E ~50.01' N 0 40 80 SCALE: 1"=80' Notes: 1. This is not a survey. 2. Basis of bearing is piat. 3. Subject to easements, reserve{ions and restrictions of record. 4. Easements shown hereon are per plat, un'.ess otnerw!se noted. 5. ROW represents Right of Way. 12( DESCRIPTION: The Northerly 60.00 feet of the North '/2 of Tract g2, Golden Gate Estates, Unit 95, az recorded in Plat Bock 9, P(~g~ 45, of the Public Records of Collier County, F!orfdm Containing 0.455 acres more or icss. FEE SIMPLE INTEREST ~mLIO EXHIB!T .Cage DAVlD J. JT~ATT,.JiK. S.i~. (FOR 'mE RRM) FLA. LIC. ~0. ~4 ~OT VA~D ~OUT ~E SlGNA~RE AND ~E ORIGINAL RAISED SEAL OF A FLORIDA UC~S~ SUR~YOR AND MAPP~ SKETCH AND DESCR(P~ON JJllllmWI'LKIS°N & TES INC, mm ENGINEERS, SURVEYORS AND PLANNERS .:3506 EXCHANGE AVE. NAPLES, FLA. ,34-104. (94.t) 6~r3-24,04 FAX NO. (941) 64.5-.5173 FLORIDA BUSINESS LICENSE NO. L85770 SCALE i SEC/SUB W.O. N0. J AS,,,~OTED GGE 95 ' 0224.1 u A"'E SHEET FB' PG 04/02 1 OF 1 DRAWN BY FILE NAME EAW VANDYBASE.DWG CHECKED BY DWG. NO. DJH VBR-L.154 VANDERBILT BEACH ROAD EXISTING 170' ROW S§9'05'55"E 420.04' 0 50 1 O0 SCALE: 1%=100 150 - ,TAC~ 93 Notes: 1. This is not a survey. 2. Basis of bearing is plat. 3. Subject easements, re.~erv(~{ian" and restrictions of record. 4. Easement9 s~own hereon ~re per plot,' untes~ otherwise no,ed. 5. ROW repre~en~ Rlgh~ of Woy. DESCRIPTION: The Northerly 60.00 feet of Tract 93, Golden Gate Estates, Unit 95, as recorded in Plot Book 9, Page 45, of the Public Records of Collier County, Florida, ,dll . '¢'/-..2./~-~',,Z., (DATE SIGNED) NOT VALID WITHOUT I~IE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER Containing 0.579 acres more or less. SKETCH AND DESCRIPTION FEE SIMPLE INTEREST ~ ASSOCIATES FOLIO NO.~//g~ 55o6 EXCHANGE AVE. NAPLES, FLA. 3~104 (94.1) 645-24.04 FAX NO, (941) 543-.5173 FLORIDA BUSINESS LICENSE NO. LB5770 ~XHIBIT__.&-~ !% ~o~o~ .~' o~.~I ~^w / v^.~.^s~.~w~ ~-,~ ~'/ Of ~ . ~ DATE SHEET FB PG CHECKED BYl DWG. NO. ] 04/02.' 1 OF 1 DJH VBR-L-:~55 RCEL NO. 15~ ~) II'E ROW LINE z < < -L. 'OINT CF ~EGLNNING: SOO'JO'J( '~2.00' 55'49"W 2.59' TRACT BW GOLOEN GATE S00'50'1§"E FSTATES UNIT 2 30,00' POINT CF CCMMENCEMENT; NORTHEAST CORNER SECTION 4-49-26 Descrlp tlon; A portion of the Northeast one-querier of Section 4, Town,~hJp 49 South, Rcnge 26 East. Collier County. Florida, l~e[ng more particularly Oescribed as fo[Jaws: Commence at the Northeast corner of Section 4. Township 4g South, Range 26 East, Collier County, Florida; thence South 00'50'16" Esot, o~ong the West line of Tract 8W of Coiden Recorded in Plat Book ¢, Page 75, o~ the Public Records County, Florida, for o distance o~ 50,00 feet: t~ence North 8g'53'4g' Weal, olon~ the Ex;sUn9 Sou[h~ly Right of Way Hne of VonderblJt Beach Rood: far a distance of 782.Sg fee{, lo the POINT OF BEGINNING of the herein described parcel: thence South 00'~0'30' We~t, for o distance of 12.00 feet: thence No~[h 8g'53'4g" Wes[, Je~ e distance of ~21,0~ ~¢¢t; thence Nor~ 00'06'11" East, f~t [o ~ paine of inJersect~on with said Southerly line; thence South 8g'55'4g" [os~, 01o~9 se~d SouJh~rly tine for g a;3Lancff al 421.C3 feet, to ~he POINT OF B[GJNNING; Co~tolnin~ 0.116 acre=, more or Jess. WllS MIIlBr 0 40' 80' 120' SCALE: 1"= 80' FEE 81MPLE INTEREST Notes: I. This is not o survey. 2. Basis of bearing is state 3lane coordinates, Florida E,~st Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per peat, unless otherwise noted. 5. ROW represents Right of 'Way. EXHIBIT, DAVID J. HY~T,P.S',[4. (?OR THE FIRM) FLA. LIC. N;~I'. / ~, -/'~ - ~'Z (DATE SIGNED) NOT VALID ~OUT ~E SIGNATURE AND TH~ ORIOINAL RAiSeD SEAL OF A FLORIDA LICENSED SUR~YO~ ANO MAPPER FOLIO NO. COLLIER COUNTY DEPARTMENT O~= TRAN,gPORTA 710N AND D~CRIPTION ~Ct ES, ~DOE - 09:41:C& JNAPI£RIX,\$UR%04E:=4\VAN~Y\tL374?~g 0. 30 60 g0 ROW UNE z m 156A < Z POINT OF ~EOiq~iNO: PONT O~ 3CMMENQEMENT: CORNER SEC~ON 4-49-28 S00'50'16'E ~2.oo' s_~5oo~2 a" E ,'rl~r~c r sw GOLDEN GATE ESTATES UNIT Notes: 1. This is not o survey. 2. Basis of beorlng Is state plane coordinates, Florida East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon I SCALE are per plat, unless otherwise noted. IAS NOTED 5. ROW represents Right of DATE way. I o /o2 Desorlptlon: A portion of the Northsoat ona--quorter of Section 4, Township 4,9 South, Range 26 E,,st, Collier County, Florldo0 bslng more portlculorly deecrlbed om followe: Commence at the Northeaet earner of Section Townehlp 4,9 South, Range 26 Heat, Cailler County, F'lorida; [hence South 0D'50'16" East. along the Wear line of Treat[ 8W of Golden Gate Estntss Unit No. 2, eI Rsaorded fn Plat Book 4., Page 75, of the Publlc Records of Collier County, Flarld(~, for ~latanca of ,30.00 feet, to the POINT OF BEGINNING of the hereln deecrlbed parcel; thence continuing South 00'50'16" East, aJon~i said West line for o distance of 12,00 feet; thence North West, for a distance of 423.85 feat; thence North 00'06'11" East, for o ¢llatanae of 12.00 feet, to a ~olnt of Intersection wlth the Exletlng Southerty Right af Way tine of Vonderbllt Beach Head; thence South 89'33'4,9" East. along said Southerly line for ~ atstenCe of 423,§4 feat. to me POINT OF ~EGINNINC; Cont~lnlng 0.117 acree, mere or Ieee, EXHIBIT.,, A Page ?__~__Of_~q FOLIO NO. aaJa2zaooo4 FEE SIMPLE INTEREST DAV1D J. I~ATT?JS.S,M, (FOR ~E RRM) FLA. UC. ~0. 5834 NOT VAUD ~OUT THE ~GNA~RE AND THE ORIGINAL ~AtSED S[~ OF A FLORIDA UCENSED SU~YOR AND M~PER SKETCH AND DESCRIPTION' I~j~i~i~N~iWILKiSON & TE$ NC. ~ ENGINEERS, SURVEYORS AND PLANNERS 3508 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404- FAX NO, (941) 843-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUB 'W.O. NO. DRAWN BY. J FILE NAME 4/49/26 0224.1 HAW j VANDYRASE. DWG SHEET F'B PG CHECKED BY J DWG. NO. 1 OF 1 DJH J VBR-L-156A ~PARCEL NO. I :RBILT BEACH ROAD EXISTING 145' ROW N sBg'o5'oo"E 307.85' ,30' DRAINAGE EASEME~ 0 40' 80' 120' SCALE; 1"= BO' · DESCR PT;ON: The Northerly 60.00 feet o¢ The North !/2 of Tract 8W, Golden Gate Estates, Unit 2, as recorded in Plat Book 4, Page 75, of the Public Records of Collier County, Florida. Containing 0.424 acres more or tess, 0 Notes; ~[. This is not c survey. 2. Basis of bearing is plot. 3, Subject to ecsements, reservQtions and restrictions of record. 4. £osements shown hereon are per plat, un;ess otherwise noted. 5. ROW represents Right of Way. FEE SIMPLE INTEREST EXHIBIT_ A Page ~--.~__.of ~...~._~ F~AVID J. H,y,~r?L~ld. (~OR THE FIRM) NOT VALID-WITHOuT THE SIGNATURE AND THE ORIGINAL RAISEO SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER FOLIO NO.~~ WilsOnMiller C~R COUNTY PARCEL NO.~ ~ .VANDERBILT BEACH ROAD EXISTING 145' ROW s8g'o5'oO"E 259,82' //// / /'/ /'/ / / / / / / /..'1/.,,¢~ '//..,-//--yZ-/30' DRAINAGE EASEMENT~Z ~'////'////// DESCRIPTION: The Northerly 60.00 feet of The North 1/2 of Tract SE, Golden Gate Estates, Unit 2, os recorded in Plat Book 4, Page 7.5, of the Public Records of Collier County, Florida. Containing 0.5.58 acres more or less. 0 40' 80' 120' SCALE; 1"= 80' Notes: I, This is not o survey. 2. Basis of bearing is , prat. 3, Subject to ecsements, reservations end restrictions of record, 4. Easements shown hereon are per plot, un[ess otherwise noted. 5. ROW represents Right of Way. FEE SIMPLE INTEREST EXHIBIT Page FL,A, LIe, I'¢~. /1-/- ~ NOT VALID ~THOUT ~E SIGNA~RE AND LICENSED SUR~YOR AND MAPPER FOLIO NO. COLJ.J~R COUNTY DEPAR'rM~NT ol= TRAN~eOPITA'rlON SK~=TOt-I AN~ DEHCRIPTION PARCEL NO. /'~ ~ ILT BEACH ROAD EXISTING 145' ROW N S89'05'00"E 165.01' 30' DRAINAGE 165,00' SEMENT~ DESCRIPTION: 0 40' 80' 120' SCALE: 1"=80' · EXHIBIT Page -~ Notes: 1. This ia not o survey. 2. Basis of bearing is ~lat, 3. Subject to easements, reservations and restrictions of record. 4, Ecsements shown hereon ore per plot; umess otherwise noted. 5. ROW represents Right cf Way. FEE SIMPLE INTEREST The Northerly 60.00 feet of The West 165 feet of Tract 9, Golden Gate Estates, Unit 2, as recorded In Plot Book 4, Page 75, of the Public Records of Collier County, Florida. Containing 0.22.7 acres more or less. :OLIO NO~5 DAViD J. P/~Tr, P.~..M. (FOR THE r~Rbl) FLA. LtC. NO. 5834 NOT VAUD ~OUT THE S~GNATURE AND TH; ORIGINAL RAISED SEAL OF k FLORIDA UCENSED SUR~YOR ANO MAPPER COLDER OOUNTY DEPARTMENT o~ TRANSPORTA '/'/ON 8K~-T~,H AND DE~CRIImTION o~u4-ooo-ooo ~ oF xx -372 .VANDERBILT BEACH ROAD EXISTING 14,5' ROW !55.00' ~')ESCRIPT~ON: The Northerly 60. O0 feet of Th,= East 165 feet of Tract g, Cotden Gate Estates, Unit 2, os recorded in Plot Bock 4, Page 75, of the Public Records of Collier County, Florldo, Con[alnlng 0.227 acres more or less. 0 40' 80' 120' SCALE: 1"= 80' r- t~ EXHIBIT Page _57 of..~a Notes: 1. This is not a survey. 2. Bosls of bearing is alat. .3. Subjec[ to eosemen ts, reservations ~nd restrictions of record. 4. Easements shown hereon ore per plat, unless otherwise noted. 5. ROW represents Right of Way. FEE SIMPLE INTEREST DAVID J. F~ATT, P.'~,,U. (FOR THE F~.. uc. ~o. //--/- ~ (DA~ S~GNED) NOT VALID ~OUT THE SIGNA~RE AND THE ORIGINAL RAISED SEAL OF A FLORIDA FOLIO NO.~bb COLLJE;R COUNTY o~ TRANBPORTAT/ON SKETCH AND OE~CFtlPTION ] Ut VANDERBILT BEACH ROAD EXISTING 145' ROW j ! S89'05'00"E 150.01' 2/30' DRAINAGE EASEMENT~ 180.00' g ~I^C'r 24 0 40' 80' 120' SCALE: 1"=80' ' EXHIBIT Notes: t. This is not a survey. 2. ~asis of bearing is pJat. 3. Subject to easements, reservations end restrictions of record. 4. Easements shown hereon ~re per plot, un;ess otherwise noted. 5, ROW represents Right of Way, DESCRIPTION: The Northerly 60.00 feet of Tract 2¢, 0olden Gate Estates, Unit 2, as recorded in Plot Book 4, Page 75, of tl~e Public Records of Collier County, Florida. Less <3nd Except the East 180 feet thereof, Containing 0.207 acres more or tess. FEE SIMPLE INTEREST DArt0 J. )~ATT, 'F..S.M. (F'OR THE FIRM) FL&. LIC. mO. 5854 ,'//-/' ~-. (DATE SIGNED) NOT VALID WITHOUT THE SIGNATUR£ AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER [:OLIO NO..-~t~[scoy COUNTY TRA N&=ORTA T/ON ~<is'rcH ~ I:NE~ o4t~4-ooo.-ooo ~ o~ 1L-372 PARCEL NO. ; b ~ LT BEACH ROAD EXISTING 145' ROW 30' DRAINAGE $89'05'00"E 180.01' EASEMEN~~////J //// ////.: o o ---- "~T~ACT 24 180.00' 'o 0 0 DESCRIPTION,. 0 4O' 80' 120' SCALE: 1"= 80' ' EXHIBIT_ Page 5~ of~ Notes: 1. This is not o survey. 2. Basis of bearing is plot. 3. Subject to easements, reservations <:nd restrictions of record. 4. Easements shown hereon ore per plat, unless otherwise noted. 5. ROW represents Right of Way. FEE SIMPLE INTEREST The Norther!y 60.00 feet of The East 180 feet of Tract 24, Golden Gate Estates, Unit 2, os recorded in Plot Book 4, Page 75, of the Public Records of Collier County, Florida. Containing 0.248 acres more or loss. DAVID J. H~TT, p,,~. (FOR THE FIRM) FLA. UC. ~. //~ / 'P~_ (DATE SIGNED) THE ORIGINAL RAISED SEAL OF A FLORIOA L~C[NSED $UR~YGR AND OLlO PARCEL No...J...~ N EXISTING 145' ROW · ~ 9'05'00"E 16.5.01 i t //~o/ / ,~"; / / /,' ~ /30' DRAINAGE Er SEMENT~ . // / /_-/~/ ./ / ////////; 0 4o' a0' ~2o' SCALE: 1"= 80' ' ~ .~XHIBIT ,, ,~ o ~ ~ Page ~ _Of.~-~ 'o j:- a~ Notes: o ~ ~o 1 This is not a survey. o / . u~ Ju~ j 2. Basis of bearing is i plot ~. Subject to easements, reservations TRCT 25 and restrictions of record. 4. Easements shown hereon are per plot, un~ess otherwise noted. 5, ROW represents Right , of Way. FEE SIM~ INTEREST DESCRIPTION: The Northerly 60.00 feet of The West HaJf aa recoraed in Plat Book 4, Pa9~ 75, of the Public Records of CoJlier County, ~ Florida. Containing 0.227 acres moro or ~x. LIC. NO. fi834 less. //-~ ~0~ (DATE ~ONED) NOT VALI0 ~THOUT THE SIGNATURE ~O LICENSED SURV[YOR AND MAPPER .FOLIO NO. ~sz~ Wil Miller pARCEL NO.~ .N BEACH ROAD VANDERBILT EXISTING 145' ROW SB9'OS'OO"E 165.01' , / p ARC SCALE: 1"=- BO' ' ~ ~ Notes: o ~ o 1. This is not o survey. 2. Bosis of bearing is plot. t , 5, Subject to ~ easements, reservations j record. 4. Easements shown hereon are per plat, I 1 unless otherwise noted. 5, ROW represents Right I of Way. J FEE SIMPLE INTEREST DESCRIPTION: The North erly §0.00 feet of The East 1/2 of Troct 25 Oolden Gore Estotes, Unit 2, om rccorded in Plot Book 4, Poge 75, of the Public ~eco~ds o~ Collier Count~, DASD J.'~ATT, ~. FIoHdo. Conlo~n~n9 0.227 ocrem more or Tess. ~-/-OZ (~A~ StoNE0) NOT VALID WITHOUT THE SIGNATURE AND THE ORiCIN~ RAISED SEAL OF A FLORIDA LICENSED SUR~YOR AND MAPPER J N '-RBILT BEACH ROAD EXISTING 145' ROW $89'05'00"E 165.01' 30' DRAINAGE SEMENT 0 ,40' 80' 120' SCALE: 1"=80' ' //~TRAiT DESCRIPTION: The Northerly 60.00 fact of The West Half of Tract 40 Goldon Oatc Estates, Unit 2, oe r,corded in Plat Book 4.. Page 75, of thc Public Records of Collier County, Florida. Containing 0.227 acrss more or less. .,-- c~ EXHIBIT_ Page 5~ of ~_..~__. Notes: 1. This Es not a survey. 2. :~osis of .bearing is p~at. 3. Subject to easements, reservations and rc~trictions of record. 4. Easements shown hereon ore per plat, unless otherwise noted. 5, ROW re~)resents R~gh[ of Way. FEE SIMPLE iNTEREST P~. UC. ~0. 5854 NOT 'VALID ~THOUT THE S~GNA~RE AND THE ORICINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER -OLIO COLLIER COUN"I'Y DEJ~A~ OP TRA~TA TtON ~K~7'CH AN~ DE~.RIP710N .VANDERBILT BEACH ROAD EXISTING 145' ROW S89'05'00"E 165.01' DESCRIPTION: 0 40' 80' 120' SCALE: 1"= 80'' EXHIBIT Page 5.~ of Notes: 1. This is not o survey. 2. Baste of bearing is plat. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. ROW represents Right of Way. FEE SIMPLE INTEREST The Northerly 60.00 feet of The East Half of Tract 40 Golden Oate Estates, Unit 2, aa recorded in Plat Book 4, Page 75, o¢ the Public Records of Collier County, Florida. Contolning 0.227 acres more or less. DAVID J. ~'ATT; 'l~.cJ. Id: (FOR TH~ FLA. LIC. ~O. 5854 //'/'ff)~ _ (DATE SIGNED) NOT VALtO ~OUT THE SIGNATURE AND Tree ORI~INAL RAISED SEAL OF A FLORIDA L,'CENSED SUR~YOR AND MAPPER OLIO COL/-/ER ~ DEPARTMENT 01= ~A TiON SKil'CH AND D~-'~CRIaTTON · "RBILT BEACH ROAD EXISTING 14.5' ROW S89'05'00"E 330.02' DRAINAGE EASEMEN 0 40' 80' 120' SCALE: 1"=80'' EXHIBIT Page ~o of~_~.9__ Notes: 1. This is not a survey. 2. Basis of bearing is pJot. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right of Way. FEE SIMPLE INTEREST DESCRIPTION: The Northerly 60,00 feet of Tract 41 Coiden Cote Estates, Unit 2, as recorded in Plat Book 4, Page 75, of the Public Records of Cailler County. Florida. Containing 0.455 acres more or less, DAVID J, H,~TT. I1-1 -~ (OA~ S~CNEO) NOT VALID ~OUT THE SIGNATUR[ AND T~E ORIGINAL RAISED SEAL Or A FLORIDA LICENSED SUR~YOR AND MAPPER FOLIO NO. ll flMIIIB Oct ~8, 800~ - 09,41~6 ~IERIX'~SUR%O4224~VANOYML374d. O ' ~'-~ ~ ~7 ~ ~ ~--~7~ LT EXISTING BEACH ROAD 145' ROW N ssg'os'oo"E 530.02' DRAINAGE EASEMENT: 40' BO' SCALE: 1"=80'' EXHIBIT_ A Pamela,, ~.~_..._ Nates: 1, This is nat a survey, 2. Basis of bearing is piat. 3, Subject to eosements, reservatior~s and restrictions of record, 4. Easements shown hereon ore per plot, umess otherw!se noted. 5. ROW represents Right of Way. DESCRIPTION: The Northerly 60.00 feet of Tract 56 Golden Gate Estates, Unit 2, as recorded in Plot Book 4, Page 75, of the Public Records of Collier County, Ftorfdo. Containing 0.455 acres more or less. WiisOnMiller FEE SIMPLE INTEREST DASD J. l-y~fATT:'r-IK.,*fi:a: (FO~ THE FL&, Lie, ~0, //'/'0~ (DATE SIGNED) NOT vA~b ~THOUT ~[ SIGNA~RE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SUR~YOR ~D MAPPER FOLIO N~~3 COUNTY ~A'nON 120' IL. -37R EXISTING BEACH ROAD 145' ROW $89'05'00"E S88'57'30"E 96.55' 83.48' DRAINAGE EASF MENT~ / / / / /.../~/ // ¢///////// O O DESCRfPTION: O 40' 80' 120' SCALE: 1"= 80' ' EXHIBIT_ Page _ Notes: 1. This is not a survey. 2. Basis of bearing is plat, 5. Subject to easements, reservations cnd restrictions of record, 4. Easements shown hereon are per plat, untess otherwise noted. 5. ROW represents Right of Way. FEE SIMPLE INTEREST The Northerly 60.00 feet of Tract 57, Garden Gate Estates, Unit 2, as recorded in Plot Book 4, Page 75, at' the Public Records of Collier County, Florida. Lees and Except The East 150 feet. Containing 0.248 acres more or less. DAV~O ,./.'IT~ATT.'P:~'.M. (FOR THE FIRM) FhA. UC. ~0, Sea4 NOT VALID ~OUT mE SIGNATURE ANO THE ORigINAL RAtSEO SEAL OF A ~O~IDA LICENSED SUR~YOR AND MAP~EH - OLIO NO:.,~b~ .A.CEL.O. o BILT BEACH ROAD EXISTING 145' ROW N SB8'§7'30"E 1.50.01' / / / .///.~ 57 150,00' DESCRIPTION: The Northerly §0.00 feet of The East 150 feet of Tract 57, Golden Gate Estates, Unit 2. as recorded in PIct Book 4. Page 75, of the Public Records of Collier County, Florida. Containing 0.207 acres more or less, 0 40' 80' 120' SCALE: 1"=80'' 0 EXHIBIT Page. ~,3 Notes: 1, This (s not a survey, 2. BasTs of bearing i~ plat. 3. Subject to easements, reservoUons and restrictions of record, 4. Easements shown hereon are per plot, unless otherwise noted, 5, ROW represents Right of Way, FEE SIMPLE INTEREST DAVID j. H)~A??,"p~',1~FOR THE FIRM) FLA, UC, ~O. 5834 LICENSED SUR~Y~ AND MAPPER FOLIO NO. LOT 57 N. 00'29 SOUTH KROW LiNE P.O.B. 0 25' 50' 75' SCALE: 1"= ,50' Notes: LOT 72 GOLDEN CATE ESTATES UNIT 2, PLAT BOOK 4, PAGE ~A~CEL LOT 73 EXHIBIT Page ~4 of -- Z X Ld Wils4)nMiller ~al.m · Adli~e~ · ~. ~ukmj. ~mmeme o*,r~ 3002 - 14: 06:~8 JNAPI~!X=~S'tJR~.04224~,VANDy~,TL.172.0, w9 I. This is not a survey, 2. Bearings ore based on State Plane Coordinates. Florida East Zone. 3. Subiect to easements, reservations end restrictions of record. 4, Easements shown hereon ore per I~lot. unless otherwise noted, 5, ROW represents Rfght of Way. 6. P.O,B. represents Point of Beginning. BEGINNING AT THE NORTHWEST CORNER OF LOT 72, GOLDC-N GATE ESTATES UNIT 2, DLAT BOOK 4, PACE 75 O~ THE PUBLIC RECOROS OF COLLIER COUNTY. FLORIDA: THENCE ALONG T~E NORTH LINE OF SAiD LOT SOUTH 09'45'§0" EAST 330.03 FEET: T~ENCE ALCN0 THE CAST LINE OF SAiO LOT SOUTH 00'29'16" EAST 60.21 FEET; THENCE LEAVING SAID EAST LOT LiNE W~STERLY 111,59 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURV~ CONCAVE TO THE 50UTH HAVING A RADIUS OF 7,534.44 FEET THROUGH A CENTRAL ANGLE OF 00'50'55", AND BEING SUBTENDED BY A CHORD WHICH BEARS FORTH 8g'34'37" W~ST, 1tl.59 FEET; THENCE NORTH 89'49'30" W~ST 218.45 FEET TO THE 'WEST LINE OF SAID LOT; THENCE ALONG SAID WEST LINE NORTH a0'29'1§" ?,'EST §0.07 FEET TO THE POINT OF @EQNNINC. CCNTA!N!NG 0.45 ACRES, MORE OR LES~J, CURVE TABLE I~ADiUS DELTA ARC TANGENT CHORD CHORD BEAR)NC 75,34.44' 00'50'§.5' I)1.58' 55.79' 111.58' N, ag'34'37'W. FEE 811dPI.E INTEREST -, NOT VALID 'WlTHOUT THE S~GNATURE AND THE ORIGINAL RAJSED SEAL OF A FLORIDA LCENSED SURVEYOR AND MAPPER FOLIO COLLIER COUNTY DEla~ OF TRA~RTA TTON AND o4a~4-ooo-ooo [ ;~ or xx 11--37R oARCEL NO.?..[~- LOT 72 OW LINE LOT 75 GOLDEN GATE ESTATES UNIT 2, PLAT BOOK 4, PAGE 75 PARCEL 172 0 25' 50' 75' SCALE: 1"= 50' Notes: 1. This is not o survey. 2, Bearings ore based on State Plane Coordinates, Florida East Zone. 3. Subject to easements, reservations <:nd restrictions of record. 4. Easements shown hereon are per ~lat, unless otherwise noted. 5, ROW represents Right of Way. 6. P.O.B. represents Point of Beginning. Description: BEDfNNING AT THE NORTHWEST CORNER OF LOT 7,,1, GOLDEN CATE ESTATES UNIT 2, PLAT ROOK ¢, PAGE 75 OF THE PUBLIC RECORDS OF' COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE of" SAID LOT SOUTH 89'45'56" EAST 3.30.03 F,EET; THENCE ALONG THE EAST LINE OF' SAID LOT ~OUTH 00'29'1§" EAST 70,gg FEET: THENCE LEAV1NG SAID EAST LOT LINE WESTERLY 330,3S FEET ALONG THE ARC OF A NON-TANGENTIAL C~RCULAR CURVE CGNCA¥1[ TO THE SOUTH HA~NG A RADIUS OF 7,534,44 FEET T~r[CbGH A CENTRAL ANGLE: OF 02'30'44", AND BEING SU~TENDEO BY A CHORD WHICH BEARS NCR~ 87'53'4B" WEST, 3.30.34 FEET TO THE WEST L!NE OF SAID LOT; Tiff[NCR ALONG SA~D Wi[ST LINE NORTH 00'29'16" WEST §0,21 FEET TO THE POINT OF BEGINNING. CONTAINING 0.49 ACRES. MORE[ OR LESS. WEST 130' or LOT 88 EXHIBIT. Fage ~ of E-~ CURVE TABLE NO. RADIUS DELTA ARC TANGENT CHORO CHORO BEARING ! 7~34,44' 02.'30'44" 330.36' 165.21' ,,330.3'1' N,BTSY48"W. FEE $1MPE INTEREST OAVID J. ~ATT. P:'~',M, (FOR THE FIRM) FLA. LIC. NO. 5834 NOT VALID ~THOUT THE SIGNATURE AND TNE ORIGINAL RAISEO SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER FOLIO NO., CO/L/ER COUNTY OI= 8KETCH AND DE,BCRIP'TK:)N LOT 72 GOLDEN GATE ESTATES UNIT 2. PLAT BOOK 4, PACE 7.5 'AEST 150' OF LOT 88 EAST l BO' OF LOT 88 EXHIBIT ,. ^ Page ~'~ of S~ - [ EXISTING /'R SOU TH OW LINE PARCEL ----}73 0 © 0 25' 50' 75' SCALE: 1"= 50' Notes: 1, This ie not o survey. 2. Bearings ore bosed on State Plane Coordinates. Florida Eost Zone, 3. Subject to easements, reservations Grid restrictions of record. 4. Easements shown hereon ore per plat, unless otherwise noted. 5. ROW represents Right of Way. 6. P.O.B. represents Point of Beginning. Description: A PORTION OF THE WEST 150' OF LOT 88, GOLDEN GATE ESTATES UN)T 2, PLAT BOOK 4, PAGE 75 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ~EGINNfNG AT THE NORTHWIEST CORNER OF SAID LOT; T}~-"NCE ALONG THE NORTH LINE OF SAID LOT SOUTH ~g'45'56" F. AST 150,01 FEET; T~ENCE ALONG THE EAST LINE OF THE WEST 150' OF SA~D LOT SOUTH 00'29'i6" EAST 80.69 FEET: TdENCE LEA~NG SAID EAST LINE WESTERLY ~50.45 ;'~.ET ALONG THE ARC OF A NON-TANOEN'~AL C:RCULAR CURV~ CONCA'v~ TO THE SOUTH HAVING A ~AS~US CF 7,534.44 FEET THROUGH A CENTRAL ANGLE OF 01'08'39", AND BE[NC SUBTENOED BY A CHORD ','~ICH SEARS NORTH 85"04-'05" WEST 150.45 FEET TO THE ',VEST LINE OF SAID LOT; THENCE ALONG SAID WEST LiNE NORTH 00"29"16" WEST 70.99 FEET TO THE POINT OF' BEGINNING. CONTAINING 0.25 ACRES, MORE OR LESS. FEE SIMPLE INTERE~'T CURVE TABLE R0. RA01US DELTA ARC TANGENT CHORO CHORD BEARING 7.534.44' 01'08'39' 150.45' 75.23' 150.4.5' N.85'04"06"W. DAVID J. ,M~'ATT, P.S.~. (FOR THE FIRU) FLA. LIC, =NO. /Q 'I,~'-~Z,~ ('DATE SIGNED) NOT VALID ~OUT THE SIGNA~R[ AND THE ORIGINAL RAISEO SEAL OF A FLORIOA L~CEN~ED ~UR~YOR AND MAPPER FOLIO NO. 'l PARCEL NO.. I'"') ~_ LOT 73 EX~STING /R SOUTH OW LiNE WEST 150' OF LOT 88 O0LD£N GATE ESTATES UNiT 2, PLAT BOOK 4, PACE 75 EAST !80' OF LOT 88 '74 WEST 165' OF' LOT 8g 0 25' 50' 7,5' SCALE; 1"= ,50' No[es: 1. This ie not o survey. 2. Bearings are based on State Plane Coordfnotes, Florida East Zone. 5. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon ore per plat, untess otherwise noted. 5. ROW represents Right of Way, O. P.C.B. represents Point of Beginning. A PORTION OF THE EAST 180' OF LOT 88, GOLDEN CATE ESTATES UNIT 2. PLAT BOOK 4, PAGE 75 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND BE'.NG ~ORE PARTICULARLY DESCRIBED AS FOLLOW~: ~EOiNNING AT THE NORTHEAST CORNER OF SAID LOT; T~[NC[ ALONG THE EAST LiNE CF SA~D LOT SOUTH ~C'29'~" EAST 95,32 FEET: T~ENCE LEAVING gk~O EAST L)N[ ~STERLY 180.89 F~ET ALONG THE ARC OF A NON-TANGENTIAL C;~CULAR CbR~ CONCA~ TO THE SOUTH HA~NG RADIUS OF 7,534.44 FEET T~ROUGH A CENTRAL ANGL~ OF 01'22'32", AND BE;NC SUBTENDED BY A CHORO ',~rCH BEARS NORTH 84'48'31" WEST, 180.89 FEET TO THE ','~ST LINE CF TN[ ~AST i80' OF SAID LOT; T~[NC[ ALONG SAID ~ST LINE NORTH 00'29'16" ~ST, 80.69 T~ENCE ALONG THE NORTH LiNE OF SAiD LOT 89'45'5~" EAST ~80.01 FEET TO THE POINT OF BEGiNNiNG. CONTA[N)NC 0.36 ACRES, MORE OR LESS. FEE I~EREBT CURVE TABLE N,O, RADIUS DELTA ARC TANGENT CHORD ~ORD 7534.44' 01~]'32" 180.89' 90.45' lB0. Bg' N.84'48'3)"W. EXHIBIT_ ,NOT VALID WITHOUT TN(: S~GNA~RE AND ~E ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SUR~YOR AND MAPPER ,FOLIO NO. COLLIER COUN'rY DEPARTMENT OF TRA N~PORTA 71ON 'gK~='I'CH ANO OEBCPtI~N 04~4-.000-000 74 OF EAST 160' OF LOT DB EAST 16,5' GF LOT 8g GOLDEN CATE ESTATES UNiT 2. PLAT BOOK 4, PAGE 75 LOT 104 EXHIBIT ?age. ~' of EX~STING -R SOU TH OW LiNE ""'""'- P. O. B. PARCEL. ..-.-- 175 ~l Ctr£Nt~ Notes: 0 2.5' 50' 75' SCALE: 1"= 50' 1. This Is not o survey. 2. Bearings are bassd on State Plane Coordinates, Florida East Zone. .3, Subiect to easements, reservations and restrictions of record. 4. Easements shown hereon are per plot,, unless otherwise noted. 5. ROW represents Right of Way. 6. P,O.B, represents Point of Beginning. 0~scrlptlon; A PORTION OF THE WEST 165' OF LOT 89, GOLDEN GATE ESTATES UNIT 2. PLAT BOOK 4, PAGE 75 OF THE PUBLIC RECORDS OF 6OLUER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOW~; BEG1NNINO AT THE NORTHWEST CORNER OF SAID LOT; THENCE ALONG THE NORTH LINE OF SAID LOT SOUTH 89'4.¥§6" EAST 165.01 FEET; T~,ENCE ALONG THE EAST LINE OF THE W~ST I§5' OF SA!D LOT SGUTH 00'2g'16" EAST 111.7,] FEET; THENCE LEAV1NG SAID EAST LINE WESTERLY 144,52 FEET ALONG THE ARC OF A NON-TANGENTIAL C;RCULAR CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 7,74¢.¢¢ FEET THROUGH A CENTRAL ANGLE OF 01'0¢'0g", AND BEING SUBTENDED BY A CHORD ',~ICH BEARS NORTH §4'2g'§4" WEST, 144,52 FEET TO A POINT OF REVERSE CURVATURE; T~.ENCE WESTERLY 21.40 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 7,§34.44 FEET THROUGH A CENTRAL ANGLE OF 00'0B'46", AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH B4'02'22" WEST, 21,40 THENCE ALONG THE WEST L!NE OF SAID LOT NORTH 00'29'~$" WEST 96.32 FEET TO THE POINT OF BEGINNING. CONTAINING 0.40 ACRES. MORE OR LESS. CURVE NO. RADIUS DELTA ARC 1 7744.44' 01'04'09' t44.~Z~ 2 7§~4.44' 00'0g'46' 21,40' TABLE TANGFd'~T CHOR0 CHORD DEAliNG 72.26' 144.52' N,84'29'54"W. ID,?0' 21,40' N.841)2'22"W. DAV10 J.'H/zATT, i~..~.M. (FOR ~[ FIRM) FLA. LIg. J~-J~-~ (OA~ SIGNED) NOT VALID ~OUT THE SIGNA~RE AND THE OR~C{NAL RAJS[D S{AL OF A FLORIDA UCENSED SUR~YOR ~O ~APPER FOUO NO. COl-L/ER COUNTY DEPAFITMENT Of= TRAN~SPORTA TION SKETCH AND DESCFIIPTION I 04,~4-000-.000 j x~' or xx 1L.-372 ^RCEL"O. F'I -- EXISTING / SOUTH EAST 180' /ROW LINE OF LOT 88 0 25' 50' 75' SCALE: 1"= 50' Notes: 1. This is not a survey.  ~ 2. Bearings are bo~ed on State Plane ~ Coordinote~, Florida East Zone. ~ ~ ~ 3. Subject Jo easements, reservations ~ and restHcUons of record. ~ ~ 4. Easements shown hereon ore per plot, ~ST 165' ~ ~ ~ ~ unless otherwise noted. OF LOT B9 z < ~ ~ GOLDEN GATE ESTATES ~ ~ ~ UNiT 2, ~ 5. ROW repcesents Righ~ of Way, PLAT BOOK 4, PAGE 75 I ~ ~ ~ ~ 6, P.O.B. represents Point of Beginning. , ~ ~ Oa.criptlon: ~ X ~ Z ~ A PORTION OF THE EAST 165' OF LOT GOLDEN . GATE ESTATES UNiT 2, PLAT BOOK 4, PAGE 75 OF ~ PUBLIC ~ECORBS OF COLUER COUNTY, FLGRIOA, AND ~/~/M, ]79'16'~ HI.73'~ ~ ~ BEING MORE PAR~CULARLY DESCRIBED AS FOLLOWS; ~ ~ BEGINNING AT THE NORTHEAS~ CORNER OF SAID LOT; '/ THENCE ALONG THE EAST LiNE OF SAiD LOT sOUTH 00'29'16" EAST t23.63 FEET; THENC[ L[A~NG SAiD EAST LINE ~STERLY 165.59 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCA~ TO THE NORTH HA~NG A RADIUS ~~ ~/~ ~~ 7,74~.44 FEET THROUGH A CENTRAL ANGLE OF 01'1~'50". AND ~EINC SUBTENDED BY A CHORD ~ICH wEST LINE OF THE EAST 165' OF SAID LOT; THENCE ALONG SAID ~ST UNE NORTH 00'29'18" ; L ~ ~11.73 FEET; T~[~C[ ALONG THE NORTH LiNE OF SA~D LOT SOUTH  /~7~ CONTA~NING 0.45 ACRES, MORE OR LESS. i CURVE TABLE ~ NO, RADIUS DELTA ~C TAN~NT ~ORB ~D t ~ I 7744.44' 0,~3'30' '65,59' 82.80' 165.52' N.85'~'44'W. ~~ FEE SIM~ ~ DASD a. ~TT, P.~. (FOR THE FLA. LIC. ~0. ~ 10-/¢'0~ (DATE STONED) t FOLIO NO. ~.~.~.~.~~*~~ Oct 15, 2002 - ~{4:O~:16 jNApiIrR~X:\SUE\O4224~VANDY~,lL372.dwcj EAST I L~J SOUTH ~ ~ ,'~ OF LOT 6859 :ROW L,NE '~' Z 0 2.5' 50' 75' SCALE: 1"= 50' Nates: 1. This ~s not o survey. 2. Bearings are based on State Plane Coordinates, Florida East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right of Way. §- P.O.B. represents Point of Beginning. '.AT BOOK D e~crip t/on: BEGINNING AT THE: NORTHWEST CORNER OF LOT 104, GOLDEN GATE ESTATES UNiT 2, PLAT BOOK 4, PAGE 75 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLCRtDA: THENCE ALONG THE NORTH LINE OF SAID LOT SOUTH 89M.5'5§" EAST 330.0.3 FEET; THENCE ALONG THE EAST LINE OF SAID LOT SOU~ 00'2g'16" EAST 136,80 FEET; T~ENCE LEA~NC SA~D EAST LOT LINE ~STERLY 330,~8 FEET ALONG ~E ARC OF A NON-TANGeNTiAL C~RCULAR CUR~ CONCA~ TO T~E NGRTH NA~NC A ~ADIUS OF 7,744.44 FEET THROUGH A CENTRAL ANGLE OF 02'26'42", AND ~rNO SUBTENDED BT A CHORD ~CH BEARS NORTH 87'28'50" ~5T, 330.46 FEET TO THE L:NE CF SA~D LOT; THENCE ALONG SAID ~ST LIN~ NOR~ 0C'29r16. '~ST ~23.63 FEET TO THE POINT OF ~EGINNING, CONTAINING 1.00 ACRes, MOR~ OR LESS. EXHIBIT ? ~ Z m ~ CURVE TABLE RAD!U$ DELIA ARC I'ANC,~NT C'NORO CNORD BEARING 7744.44' 02'26'42' 330.48' I65.27' 330.46' N,87'2B'50"W. FEE SIMPLE INTEREST (DATE SION~D) VALID MTHOuT THE SICNATUR~ AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICeNSeD SUR~yQ~ ANO MAPPER FOLIO PARCEL NO. I '1~' ~ ~,',~o/<~c~;t ~o~ EXHIBIT ~_6_.. I Notes'. ,,. 's is not a survey. ~ 50UTH ROW UNE ~. ~.~ ~ ~ ~/////~/~/~ ~z ~, UNiT 2, . u~ f/f,////f / /,/ , , 5C3'2g'OS"E 433 28'///////.~///~ ............... , WEST ~ ,, ,ow u,~s ~O~L,E,R BOULEVARD (C.R. 951) p.o.a. EXIST;NO 100' ROW I ~ ~ ¢ Z  BEGINNING Af THE NO~TMEA~T 60~NE~ ~ LOT 10~, 6OLDEN CATE E~TATE~ UNIT 2, ACCORDING TO ~E PLAT ~EREOF AS R~COEDED IN PLAT BOOK 4, PAG~ 7S OF THE PUBLIC RECORDS 0~ C~LIER COUNTY, FLORIDA; 0 75' 150' 225' ~ENCE ALONG ~E EAST LINE OF SAID LOT SOU~ O0'29'08" ~AST 433.28 FEET TO THE SOUTH LINE OF SAID LOT; SCALE: 1"= 150' m~NCE ALONG SAID S~TH UNE, S~ 89'3~'~5" ~ST 70.00 FEE SIM~ FEET; ~ INTEREST .//-I-~Z (DATE SIGNED) CURVATURE: THENCE 144,30 FEET AL~G ~E ARC OF A CIR~L~ ~R~ NOT VAUO ~OUT THE SICNATURE AND CONCA~ SOU~ERLY, HA~NG A RADIUS OF 7755,4~ FEET THE ORIGINAL RAISED SEAL OF A FLORIDA TH~OU~ A CENTRAL LICENSED ~UE~YOE AND MAPPER CHORD ~1~ ~ST UNE OF SAID LOT; '-- m FEET TO THE NORTH LINE OF SAID LOT: CURVE TABLE ~T TO THE POINT OF 8ECINNINC. NO. RADIUS DELTA ARC TANGENT ~OED CH0~D 8EARING 7755.44' 0F05'58' ~44.50' 72. t5' 144.50' N.89'14'Ig'w. CONTAINING 2.75 ACRES, MORE OR LESS, Ocl 2g, 2002 - 13;O3;~7 ~NAPlER~X:~R~O4224~VANOY~lL~72-Adw~ I 0 25' 5O' 75' ] SCALE: 1"= 50' I Notes: I 1. This is not o survey. 2. Subiect to eosements, reservations end restrictions of record. 3. Easements shown hereon ore per plot, j unless otherwise noted. J 4. O.R.B. = Officiol Records Book SOUTH t/2 or THE SOUTHEAST 1/4 OF j THE SOUTHEAST 1/4 .~ OF SECTION 34, ~ J TOWNSHIP 48 SOUTH. DescrlpUon: ~ ~ANO[ 26 ~AST, COLL[E~ COUNTY, BE)NG THE ~ST 80 FEET OF ~E EAST 180 FEET, ~XiST!NG LESS THE SOUTH 1~5 FEET, OF THE SOUTH 1/2 0F / NORTH THE SOUTHEAST I/4 OF THE S~TNEAST 1/4 OF ~ ~ow L;NE SECTION 34. TOWNSHIP 45 SOUTH. RANGE 26 EAST, ~ COLLIER COUNTY, FLORIDA; ~ CONTAiNiNG 0.95 ACRES. MORE OR LESS. 0.~8. 2687, [ PACES 16!7-16~9 ~ COLUER BOULEVARD (C.R. 951) EAST L~N~ OF 100' RO,W. FEE OF SECTION 34 DAVID J. H~ATT. ~.~M, (FOR ~[ FIRM) FLA. LIC. ~O. 58,34 ~J- ~-g~ (DATE SIGNED) NOT VALID ~THOUT ~E SIGNA~[ AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SUR~YOR AND MAPPER FOLIO NO. PARCEL NO.~ COLLIER BOULEVARD (C,R. 9.51) 100° RO.W. 100' COUNTY CANAL R.0.W. GOLDEN GATE ESTATES dNIT .3 PLAT BOOK ¢. PAGE 77 0 25' 50' 75' SCALE: 1"= 50' Notes: 1. This is not o survey. 2. Subject to easements, reservotlons and restrictions of record. 3. Easements shown )iereon ore per plot, unless otherwise noted. ",~AC T 16 PARCE 181 '~EXISflNG 50' EASEMENT.. fOR R.O.W. PURPOSES ~ ~.,Ex~$]qNG 50' EASEMENT~ FOR ~o.w, P__?.OSE___s '~ NORTH 1/2 OF TRACT 17 Wils Miller ....... i Nov 05, 2002 - 13:23:31 ~API[~X:~R~g24~VANOYYL372-C.=~g DESCRIPTION: ~EiNG T~E NORTH 116 FEET OF THE WEST 255.17 FEET '0OETHER WITH THE NORTH 128 FEET OF THE EAST 404.g5 FEET, LESS THE EAST 30 FEET, OF TRACT 16, GOLDEN GATE ESTATES UNIT 3. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT ~OOK 4, PAGE 77 OF THE PUBLIC ~[CORDS OF COLLIER COUNTT, FLORIOA. CONTAINING 1.78 ACRES, MORE OR LESS. EXHIBIT p~cje 7~ of FEE SIMPLE INTEREST DAV1D J, HY,t~rT, P.~[I. (FDR TH[ l J- ~ ~ (DATE SIGNED) NOT VALID ~OUT ~E SIGNA~RE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LrCEN~ED SURVEYOR ANO MAPPER FOLIO NO. COLL./~ C'OUNF~ OP TRANfPORTA TION ~KETCH AND DE,.qc.~ GOLDEN GATE ESTATES l' / SOUTH /ROW LINE PLAT BOOK 4. PAGE 77 TRACT 16 t 0 25' 50' 75' SCALE: 1"= 50' j Notes: j 1. This is not o survey. FOR R.O.W. PURPOSES ~ ?.-,-, ....... ../ ,., , ., -~~ per plat, unless otherwise noted. ~ OOUNTY, FLOR~OA PARCEL/ ~ ~m CONTAiNiNG 2.937 ACRES, MOR~ 0R LESS. EXHIBIT FOLIO NO. Z~ ~ x INTEREST TRACT 33 ' ~ T~[ ORIGINAL RAISED SEAL OF A FLORIDA ) LICENSED SUR~YOR AND UAPPER EAST 150' 0F TRACT 33 ~ I 2~2 - 08:56;54 GOLDEN GATE ESTATES UNIT 3 PLAT 800K 4, PACE 77 TRACT 16 ~--~'FXlISTINC 30' [AS£UENT~. OR R.0W. PURPOSES ~k. EXISTiNG .tO' EASEMENT.. FOR R.O.W. =URPOS£S ~ ,NORTH 1/2 OF TRACT I7 EXiSTInG j SOUTH · .· ROW LpE WEST 180' OF' TRACT 55 EAST 150' OF TRACT 53 0 25' 50' 75' SCALE: 1"= 50' Notes: 1. This is not o survey. 2. Subject to easements, reservations and restrictions of record. 3. Easements shown hereon are per plat, unless otherwise noted. Description: ~EING THE .NORTH 116 FEET OF TRACT 32, GOLDEN GATE ESTATES UNIT 3, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT E~OOK 4, PAGE 77 OF' THF' PUBLIC RECORDS OF CaLL,ER COUNTY, FLORIDA CONTArNING 088 ACRES, qORE OR LESS, EXHIBIT FEE SIMPLE INTEREST DAVID J. HY~'tT. p.4J~l. (FOR THE FIRM) FL A, LIC. NO. 3834 /I - 0 ~ -0~ (DATE SIGNED) NOT VALID ~THOUT THE SIGNA~R[ AND THE 0RICINAL RAISED SEAL OF A FLORIDA L,CENSED SUR~YOR AND MAPPER FOLIO NO. COLJ. J~R COUNTY O/= Nov 05, 2002 - 13t23:31 JNAPi£1~1X:\£UR\04224\VANOY\lL372_C,dwg SK~-/'CH AND D~g~N PARCEL NO. l ~'L~ GOLDEN GAT£ ESTATES dNIT 3 PLAT BOOK 4, PAGE 77 TRACT 32 WEST 180' OF TRACT 33 PARCEL/ 184 EAST 150' OF TRACT 33 OF TRACT 48 EAST !80' CF TRACT 48 TRACT 49 · ROW LTE 0 25' 50' 75' SCALE: 1"= 50' Notes: 1. This is not a survey. 2. Subject to easements, reservations and restrictions of record. 3. Easements shown hereon are per plat, unless otherwise noted. DescripUon: BEING THE NORTH 116 FEET ~HE W~ST 1§O' OF TRACT 33, GOLDEN GATE ESTATES UNIT 3, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 77 CF THE PL, BLIC RECORDS OF COLL;ER COUNTY, FLORIDA CONTAINING 0,~8 ACRES, MORE OR LESS. EXHIBIT Page., ~.~ of FEE SIMPLE INTEREST ~DAV1D J,' H..~/AI~r,%JJ~.S.M. (FOR THE FIRM) FLA. LIC. I~O. 5834 /I-0~-0.7. (DATE SIONED) NOT ~ALmD ~OUT THE SIGNATURE ~O THE 0R(GiNAL RAISED SEAL OF A FLORIDA UCENS[D SURVEYOR AND UAPPER FOLIO NO. 7 zooooo COLI-I~!~ COUNTY WilspnMiller , PARCELNO. I ~-% _ GOLDEN GATE Ef~TATES UNit 3 PLAT BOOK 4. PAGE 77 TRACT 32 I SOU T~ OW LIIE WEST 180' OF TRACT 33 EAST 150' OF TRACT 33 PARCEL/ !85 ',VEST ~50' OF T~ACT 48 EAST lB0' OF TRACT TRACT O 25' 50' 75' SCALE: 1"= 50' Notes: 1. This is not o survey, 2. Subject to eosements, reservotions and restrictions of record. .3. Easements shown hereon ere per p{at, unless otherwise noted. OescriDtion: i~EING THE NORTH Il§ FEET OF THE EAST ~50' OF TRACT 33, GOLDEN GATE ESTATES UNIT 3, ACCORDING TO THE PLAT T~EREOF AS RECOROED IN PLAT 0OOK 4, PAGE 77 OF THE PUBLIC RECORDS OF' COLLIER COUNTY, FLORIDA CONTAiNiNG 040 ACRES, MORE OR LESS. EXHIBIT FEE SIMPLE INTEREST D^wD J. ~'~TT.,,i~.*~.a. (FO~ ~E F~a) FCA. LiC. ~0. 583~ //- &Y ~-O~ (DATE SIGNED) NOT VALID ~OUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER FOLIO NO. ,7 2 ooo WilsOnMiller Nov 05, 2002 - 13:23:3! JNAPIER[X:\~.JR\04224\VA/,,OY\lL372-C. ci~g COLL/E-R COUNTY ~ ~ o~ xx ~L-372 VANDERB LT BE^CH ROAD EXISTING t45' ROW 50' DRAINAGE EASEMENT CPLAT) GOLDEN GATE ESTATES UNIT 2. PLAT BOOK 4, PAGE 75 LOT 105 NCRTH 75' CF ~OT !06 NORTH 170' CF THE SOUTH 27§' OF LOT 106 SOUTH I..__05'___ __ 'OF LOT 106 -- "~[X~S~NC mO' £ASrU~NT 'rOE R.0. W. PURPOSE$'~ LOT 107  '~ PARCEL 186 [XISTINC WEST ~OW LINE Z < z 0 (_3 (D Z X WilspnMiller i O:t 2g. 200t - 1~:O3;57 ,~NApI[~IX:\S~R\O~2~,4\VANOy\IL.,,72_A.d.~ N 0 50' 100' 150' SCALE: 1"= 100' Notes: 1, This is not o survey. 2. Subject to easements, reservotione and restrictions of record. 3. Easements shown hereon are per plot, unless otherwise noted. 4. ROW represents Right of Way. DeserFption: 9¢in9 the ~eat 70.O0 feet of the North 7,5 feat of ~ot :06. Colden Go~o Ealo~;ea Unit 2, ,~ccordlng to the plat thereof os recorded in Pl~t Book 4, Page 75 of thc P~blic Records of Collier County, Florida. Cont(3(ning 0.12 ceres, more or lees. EXHIBIT Page 7~ ~ FEE SIMPLE tNTEREST D^VID ,J. H~./~, ~.~'f[l'. (FoR mE F~RU) ~OT VALID ~OUT ~E SICNATURE ANO THE ORIGINAL RAI~ED SEAL OF A FLORIDA LICENSED SUR~YOR AND MAPPER FOLIO NO. ~K~-TGH AND ~ Oaee.,~-OOO-OOO ~ or XX 11_ -372 VANDERBILT BEACH ROAD EXISTING 145' ROW .30' DRAINAGE EASEMENT (PLAT) L~ 0 50' 100' 150' 0'3 SCALE: 1"= 100' GOLDEN jATE ESTATES FY: UNiT 2, PLAT BOOK 4, PAGE 75 O ~: C~ Notes: <~ 0 1. This is not o survey. LOT 105 ~ ~ 2, Subject to easements, reservations ~ ~ f and restrictions of record. 0 -- ! 3, Eosements shown hereon ore per plot, ~ unless otherwise noted. ~ x ~ ~ j 4, ROW represents Right of Way. ~ ~ O~scdpUcm I Bei¢~ [he EDit 70,00 feet of the North 170 feet of [ ~ the 5outh 275 fee[ of lot 106, Golden Gate Estotes NORTH 75' ~ ~ ~nit 2, accordin~ to the p~ot thereof OF LOT !06 ~ ~ Plot Book 4, Poge 75 of the Public ~ Collier County, Flor}da. QFLOT,C8 ~ ;~ ~ EXHIBIT A EXISTING -- ~ ~LOT ~o~ ~J ~O FEE~NTEREST ~FOR R.O.W. ~ DASD J. a~T, P.S~' (FOR THE FIRM) FL~ LIC. ~. LOT m7 ~OT VAU~ ~m~T THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SUR~YOR AND MAPPER FOLIO NO. Oct 29. 2002 - 1.~:O3;57 JNAPlERIX=\$UR\0422~.\VANOY\lL572-A clw~] VANDERBILT BEACH ROAD EXISTING 145' ROW - - .30' DRAINAGE EASEMENT (PLAT) ~"--'~- 03 0 50' 100' 150' GOLDEN GATE ESTATES SCALE: 1"= 100' UNIT 2, P~AT ~00~ ,. PAGE ~s d ~ ~ ~ Notes: LOT 105 ~ ~ 2. Subject ~o easements, reservations ~ ~ and rc~trictions of record, ~ ~ 5. Easements shown hereon ore per plo(, ~ untess otherwise noted. , ~ 4. ,ROW represents Right of Way. D~cr~ption: NORTH 7~' ~ BeFng the East 70.00 ~ee[ of th~ South 105 feet of 0F LOT 10O ~ lot 10O, Oo~den Gate Estatea Uni~ 2, acc ' ~ ...... o~ ~oU{er County, Flort~o. Containing 0.~7 acres, more or NORTH 170' OF EX~ST~NC THE SOUTH 275' t~ ,'~[ST OF LOT ~CO ROW L:NE ~ P~e~of~ __ s our~os 'F~ ~ FEE SIM~ fOR R.O.w. PURPOSES~ "88 ~ INTEREST ~ (DATE SICNED) O~IOINAL RAISED SEAL OF A FLORIDA LICENSED SU~YO~ AND MAPPER PARCEL NO. ~?..~ GOLDEN G^TE ESTATES UNIT 3 PLAT BOOK 4, PAGE 77 TRACT 52 WEST 180' OF TRACT EAST CF =RACT WEST 150' OF TRACT 48 s ARCEL---~_ 189 EAST 1BO' OF TRACT 48 TRACT I /E 'o J'TIo ROW LIIE I Xo ~> 0 25' 50' 75' SCALE: 1"= 50' Notes: 1, This is not o survey. 2. Subject to easements, reservations end restrictions of record. 3. Easements shown hereon are per plot, unless otherwlse noted. Description: 2EtNG THE NORTH 115 FEET OF THE WEST t50' OF TRACT 48, GOLDEN GATE ESTATES UNiT 5, ACCCRO]NG TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4. PAGE 77 OF ThE PUBLIC RECORDS OF COLLIER COUNTY, FLORIOA CONTA~NING 0.40 ACRES, MORE OR LESS, EXHIBIT A Page ~t of aq FEE SIMPLE INTEREST FLA. LIC. NO5 583¢ //'O~'O,Z. (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF' A FLORIDA L!CENSED SURVEYOR AND MAPPER FOLIO NO. ~,7~2,~o~ Wilsl Miller Nov 05, 2002' - 13:2~;51 JNAPI[RIX:~,$UR'x042~4~VANO'I~IL372-~.cN, g ~K~-TCH AND DEE~.T.~&~rlON GOLDEH GATE ESTATES UNIT 3 PLAT BOOK 4, PAGE 77 TRACT 32 WEST 180' OF TRACT EAST 150' OF TRACT 33 1 NEST 150' OF TRACT 48 EAST !80' OF TRACT 48 ~ARCEL~'' 490 TRACT 0 25' 50' 75' SCALE: 1"= 50' Notes: 1. This is not a survey. 2. Subject to easements, reservations and restrictions of record. 3, Easements shown hereon are per plat, un~=ss otherwise noted. DeScription: BE',NG THE NORTH 116 FEET OF THE EAST I80' OF TRACT 48, GOLDEN GATE ESTATES UNIT 3, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 77 OF' THE PUBLIC RECORDS OF COLL:ER COUNTY, FLORIDA CONTAINING 0.48 ACRES, MORE OR LESS. EXHIBIT , ge -~ of FEE SIMPLE INTEREST OAV1D J. ~/~Al'TirYlml. s.M. (FOR THE FIRM) FLA, LIC./~O. 5834 NOT VAUD ~OUT THE S~GNA~RE AND THE ORIGINAL RAiS[D SEAL ~ A FLORIDA LICENSED SURVEYOR AND MAPPER FOLIO NO. O~ 'C~C)UNT¥ D~PA~ WilsPnMilleF .'~m'r~rm . ~ . C.~rm:,e~ ' e,~m~r~ . ~-,,~....~ a~,~,~ , ~ ~ ~ ~ r~ Nov 05, 2002 - 13:23:31 JNAPIER(X:~R~224~V~DY¥~72_C.d~g L-372 pARCeL WEST 150' or TRACT 48 EAST 180' OF TRACT 48 GOLDEN OATE ESTATES J,:~,~ ~ !)~"' UNIT 3 PLAT BOOK ~. PAGE 77 i-.'.~/~ ~'.~.~.. ', L~)/ //,,/. ' ~.'~ ~.~4 '- ~ '.'. TRACT TRACT 65 EXISTING /RSOUT~ 0w LI~E Z 0 25' 50' 75' SCALE: 1"= 50' Nates: t. This is not o survey. 2. Subject to easements, reservations and restrictions of record. 5. Easements shown hereon are per plot, unless otherwise noted. Description: BEING THE NORTH 116 FEET OF TRACT 49, GOLDEN GATE ESTATES UNIT 3, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PACE 77 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA CONTAJNING 088 ACRES, MORE OR LESS EXHIBIT. Pege ~-~ of,c~q FEE SIMPLE INTEREST DArt0 J. HY.~. P.~. (FOR THE FIRM) FJ.A. LIC. NOT 5834 //'0~-OZ _ (DATE SIGNED) NOT VALIO WITHOUT THE SlCNATUR£ AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER FOLIO NO. 5 Ttzqzo . i ~/ OF X.X W~ST 150' OF TRACT 48 EAST 180' OF TRACT 4§ GOLDEN GATE ESTATES UNIT 5 PLAT BOOK 4, PAGE 77 TRACT 49 I 0 25' 50' 75' EXISTING SCALE: 1"= 50' /nsou T~ OW LI~t[ Notes: 1. This is not a survey. 2. Subject to easements, reservations and restrictions of record. .3. Easements shown hereon are per plat, unless otherwise noted. De.crlption: BE!NO THE NORTH 116 FEET OF TRACT 64, GOLDEN GATE ESTATES UNIT 3, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 77 CF TNE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA CONTAINING 0.88 ACRES, MORE OR LESS. EXHIBIT ~,age ~'~ o~,,,~ <~ :EE SIMPLE ~ ~ NTEREBT /-~-~Z (DATE SIGNED) NOT VALIO WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA L~C~'NSED SURVEYOR AND MAPPER FOLIO NO. TRACT 64 PARCEL/'~' ~92 TRACT 65 GOLDEN OATE ESTATES Z PLAT BOOK 4, PAGE 77 TRACT 64 0 25' 50' 75' 1 EXlSTU~G SCALE: 1"= 50' ~ / SOUTH ,~R0W LINE I Notes: 1. This is not o survey. 2. Subject to eosements, reservotions ond restrictions of record. 5. Fosements shown hereon ore per plot, unless otherwise noted. Description: BEING THE NORTH 1~6 FEET OF TRACT 65, GOLDEN GATE ESTATES UNIT 3, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PACE 77 OF TH[ PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA '~ CONTAINING OB§ ACRES, MORE OR LESS. TRACT 80 i ~ ~ EXHIBIT EAST 165' TRACT 80 i ~ ~ ~ FEE SIMPLE ~ I~EREST WEST 16§' OF TRACT 81 OAVIO J. ~'~ATT.,/JI.s.M. (FOR THE FIRU) J FLA. LIC. 'l~J3. ,583+ /,/-(~;'-OY7'- (DATE SIGNED) t J NOT VALID WITHOUT THE SIGNATURE AND I THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER E,ST ~.' or FOLIO NO. TRACT 81 ~ j Wil MilleF ......o. ,,~.c, 8KEI'CH AN~ ~~ I Nov 0~. 2002 - t3:23:31 JNAPImE:RIX:\SUE\O4224\vANOY\lL372-C PARCEL NO.~ GOLDEN GATE ESTATES UNIT 3 PLAT BOOK 4. PACE 77 TRACT 64 TRACT 65 WEST 165' OF :ARCELj ~9~ EAST ;65' OF TRACT 80 WEST 165' OF TRACT 81 EAST 165' OF TRACT 81 EX~ST1NG SOUTH ROW L~NE Wils Miller Nov 0~, 0 25' 50' 75' SCALE: 1"= 50' Notes: 1. This is not o survey. 2. Subject to easements, reservations and restrictions o! record. .3. Easements shown hereon ore per plot, unless otherwise noted. Description: BE,NC THE NORTH 116 FEET OF THE WEST 165' OF TRACT BO, GOLDEN GATE ESTATES UNiT 3, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK ,t, PAGE 77 OF THE PUBLIC RECORDS OF COLLIER CObNTY, FLORiOA CONTAINING C44 ACRE~, MORE OR LEGS. EXHIBIT A FEE SIMPLE INTEREST .//' ~F'02- (DATE s~c~Eo) NOT VALID W1THOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER FOLIO NO. COUNTY Z:~--.PAFrr'M~NT ~ATIO~ ~K~ AND PARCEL NO.?~ GOLDEN GATE ESTATES UNIT 5 PLAT BOOK 4, PACE 77 TRACT 54 TRACT wEST 165' OF ~RACT 80 EAST I5,5' OF TRACT 80 PARCEL.~/~ 195 WEST 165' OF TRACT 81 EAST 165' OF TRACT 81 EXISTING ~/R SOU TH OW LINE 0 25' 50' 75' SCALE: 1"= 50' Notes: 1. This is not o survey. 2. Subject to easements, reservotions ond restrictions of rec.rd. 3. E'asements shown hereon <3re per plat, unless otherwise noted. Description; BEING THE NORTH I16 FEET OF THE' EAST 165' OF TRACT 80, GOLDEN GATE ESTATES UNiT 3, ACCORDING TO THE PLAT THEREOF AS RECOROED ~N =LAT ~00K 4, PAGE 77 0r THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA CONTAINING 0,44 ACRES, MORE OR LESS. EXHIBIT Page ~7 of ~-~ FEE SIMPLE INTEREST DAVID J. HYAI~, P.'S~I. (FOR THE FIRM) FLA. LIC. NO,/5834 · /)- O?'OJ~'~. (DATE SIGNED) NOT VALI0 ~OUT THE SIGNATURE AND THE 0m~L ~A~SED SE~L O~ LICENSED SURVEYOR AND MAPPER FOLIO NO. SK~-TCH AND DESCRIPTION GOLDEN GATE ESTATES UNIT 5 PLAT E)OOK 4. PAGE 77 TRACT 65 WEST 16,5' OF TRACT 80 EAST 105' OF TRACT 80 WE~T 165' OF -RACT §1 ,~ARCEL/ i96 EAST 165' OF TRACT 81 TRACT g6 EXISTING ,'R SOUTH OW LINE Wilsl Miller O> x o 25' 50' 75' SCALE: 1"= 50' Notes: I. This is not o survey. 2. Subject to eosernents, reservations Grid restri( '.'ions of record, 3. Eosemen[s shown hereon ore per ph3t, unless otherwise noted. D aa,"ri~iiom BEING THE NORTH 116 FEET OF THE WEST 165' OF TRACT 81, GOLDEN GATE ESTATES UNIT 3. ACCOROINC TO THE PLAT ,%tEREOF AS RECORDED IN PLAT 900K 4, PAGE 77 OF THE PUBL(C RECORDS OF COLLIER COUNTY, FLORIDA CONTA;NINO (].44 ACRES, MORE OR LESS. EXHIBIT A Pego_~ ~f Se FEE SIMPLE INTEREST DAVID J. HY~I~T, P.~k4. FF'(DR THE FIRM) FI~A. LIC. N~. 5834 ' /J-~'"-(~ Z (DATE SIGNED) NOT VALID N~OUI ~E SIGNATURE AND THE OR)O~NAL RAISED SEAL OF A FLORIDA LICENSED SUR~YOR AND UAPDER OLIO NO.F Nov 05. 2002 - t3:23:31 JNAPIF-J~x:\suN\O4224\VANDY\iL372_C,d.(] p~¢F.L NO.~ GOLDEN GATE ESTATES UNiT 3 PLAT BOOK 4, PAGE 77 TRACT 65 WEST 165' OF TRACT 80 EAST 1§5' OF TRACT 80 WEST 'RACT EAST 165' OF TRACT BI PARCEL/ 197 TRACT 96 EXISTING ,,R SOU TH OW LINE 0 25' 50' 75' SCALE: 1"= 50' Notes: 1. This is not o survey. 2. Subject to eosements, reservotions end restrictione of record. 5. Eosements shown hereon ere per plot, unless otherwise noted. Description: BEING THE NORTH 1t6 FEET OF THE EAST 165' OF TRACT 81, GOLDEN GATE ESTATES UNit 3. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PACE 77 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA CONTAINING 0.44 ACRES, MORE OR LES5. EXHIBIT FEE SIMPLE INTEREST BAYED J. HY~trT, ~.'~. (~0~ T~ FLA. LIC. NO. 5834 NOT VALID ~THOUT THE SIGNA~R[ AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER FOLIO NO. Nov 05, 2002 - 13:23~3"~ JNAPIE~:\StJR\O4224~VANOY~lL372-C.dw~ COLI-'ER COUNTY OP RESOLUTION NO. 2003 - A RESOLUTION AUTHORIZING CONDEMNATION OF FEE SIMPLE TITLE INTERESTS AND/OR THOSE PERPETUAL OR TEMPORARY EASEMENT INTERESTS REQUIRED FOR THE CONSTRUCTION OF A SIX-LANE SECTION OF VANDERBILT BEACH ROAD BETWEEN AIRPORT ROAD AND COLLIER BOULEVARD (CR-951). (CAPITAL IMPROVEMENT EI.EMENT NOS. 24 & 63, PROJECT NO. 63051). 6 8 9 10 ti t2 13 WHEREAS, the Board of County Commissioners (Board), on May 9, 2000, adopted Ordinance t4 No. 2000-31 therein establishing the (Ninth Annual Update and Amendment) Capital Improvement t5 Element of the Growth Management Plan in order to establish priorities for the design, acquisition and 16 construction of the various capital improvement projects; and 17 WHEREAS, the Transportation Element of the County's Comprehensive Plan was adopted in 18 Ordinance No. 2000-32; and 19 WHEREAS, the six-lane section of Vanderbilt Beach Road between Airport Road and Collier 20 Boulevard (Project No. 63051) is one of the capital improvement projects required under the 21 Transportauon Element of the County's Comprehensi,,e Plan; and 22 WHEREAS, the location for construction of the proposed improvements has been fixed by survey 23 and is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and 24 incorporated herein; and 25 ~, HEREAS. after cons~deratmn of the availability of alternate routes and locations, the 26 comparative costs of project alternatives, various impacts upon the environment, long range planning 27 opuons, and public safety considerations, thc Board desires to exercise its right to condemn property for 28 public purposes. 29 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS 30 OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of 31 the six-lane sectmn of Vandcrbilt Beach Road between Airport Road and Collier Boulevard (hereinafter 32 referred to as "the Project") is necessary and in the public's best interest in order to protect the health, 33 safety and welfare of the citizens of Collier County. 34 AND IT IS FURTI-[F_.R RESOLVED that construction of the Project is part of the County's long 35 range planning effort, and is included in the Transportation Element of the County's Comprehensive Plan 36 for Growth Management, as approved by the Florida Department of Community Affairs. 37 AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative locations for 38 the project, and the costs associated with the design, property rights acquisition, and construction of the 39 project, as well as public safety and welfare considerations associated with the design and construction of 40 the project, and various impacts to the environment, and the Board finds that after considgmfioafot: J,t issues, the most feasible location for construction of the proposed improvements is collectively 42 represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein. 43 AND IT IS FURTHER RESOLVED that in order to construct the project ~ designed, it is 44 necessary for the Board to acquire the various real property interests described in Exhibit "A" to wit: fee 45 simple title interests and/or those perpetual or temporary easement interests. 46 AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. 4'7 48 AND IT !S FLrRTHER RESOLVED that the County staff is hereby authorized to immediately 49 acquire by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, 50 Florida Statutes, the above-referenced real property interests more particularly described in Exhibit "A", 51 attached hereto and incorporated herein. 52 AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to 53 be acquired and therefore it will not be necessary to remove any mobile homes from the property to be 54 acquired. 55 This Resolution, adopted on this .... lay of 2003, after motion, second 56 and majority vote. 57 58 59 60 61 62 o3 64 65 06 67 68 69 70 AITEST: DWIGHT E. BROCK, CLERK Approved as to form and legal ~sufficiency:/ H :-" fi. As~ltor~' Assistant County Attorney BOARD OF COUNTY COMMISSIONERS ()F COI.LIER COUNTY, FLORIDA CtIAIRMAN Page 2 iTEM /,¢:::' ~ ':? EXECUTIVE SUMMARY PETITION CARNY-2002-AR-3521, HANS HAMANN, CARNIVAL CHAIRMAN OF THE IMMOKALEE ROTARY CLUB, REQUESTING A PERMIT TO CONDUCT A CARNIVAL ON JANUARY ! 6 THROUGH JANUARY 19, 2003, ON COUNTY OWNED PROPERTY AT THE IMMOKALEE REGIONAL AIRPORT LOCATED AT 165 AIRPORT BOULEVARD, IMMOKALEE, FLORIDA. OBJECTIVE: Hans Hamann, Carnival Chairman of the Immokalee Rotary Club, is requesting that the Board of County Commissiot,ers approve a permit to conduct a carnival on January 16 through January 19, 2003, on County owned property located at the Immokalee Airport, 165 Airport Boulevard, Immokalee. The applicant is requesting waivers of the Surety Bond. Occupational License and Carnival Fee. CONSIDERATIONS: Hans Hamann, Carnival Chairman of the lmmokalee Rotary Club, has made application to the Board of County Commissioners for a permit to conduct a carnival. Hans Hamann, Carnival Chairman of the Immokalee Rotary Club, has presented evidence that all the criteria has been met for the issuance of this permit, other than the waiver of the Surety Bond. Staff does not take issue with the request for waiver of the Surety Bond, as there have been no previous problems related to clean up of the site after the event. FISCAL IMPACT: The applicant's request for the $275.00 permit application fee waiver has been granted in past years. It' the Board determines this request for waiver to be within the public's interest and subsequently, if the board elects to waive the application fee, staff will process a budget amendment request ro reimburse the Development Services fee account i Fund 113) with a total amount of $275.00 from the General Fund GROWTH MANAGEMENT IMPACT: There is no Growth Man%:cment Impact. RECOMMENDATION: That the Board of County Commissioner~ ~q)proxe the permit to conduct the carnival and waive the occupational license and surety bond. Staff is recommending denial ,,t' the waiver of application tee. PREPARED BY SUSAN MURRAY, AICP CURRENT PLANNING MANAGER 1) \'YE REVIEWED BY: " ~, , / ~/LC '" / ~'. ~k. ... - MARGARET WUERSTLE, AICP PLANNING SERVICES DIRECTOR APPROVED BY: /5: JOS~~OR coMMUNITY DEV. AND ENVIRONMENTAL SVCS. · /: ;,/' DATE DATE 1 m,. / C JAN lq 2003 ROTARY CLUB OF IMMOKALEE P.O. Box 5274 lmmokalee, Florida 34143-5274 December 6, 2003 Board of County Commissioners Naples, Florida 34112 Dear County Commissioners, The Rotarv Club of [mmokalee, the only civic ~oup in Immokalee, is planning a Carnival a't the lmmokalee Regional Airport. The dates for this event will be January 16th through 19, 2003. The hours we will be open are Thursday through Friday 6pm to 1 lpm and Saturday and Sunday 3pm to 1 lpm. The Lisko & Son Amusement Co. Lowellville, Ohio, is the name of the carnival that will provide the rides and games. We are asking tbr your aporoval concerning this event. We are also asking that the Application fee, the Occupational ti:e, and the Security bond be waived. All proceeds raised through this even will be distributed throughout the community of [mmokalee. Thank you for helping us with this event. Sincerely, Hans Hamann Rota~ Club of Immokalee Carnival Chairman ~GENDA flT:M JAN 1~t 2003 .,. 2 COLLIER CO CO~II.'~I'I'y [~EV 004 CAR NY-O2-AR-3521 Copy: Zonm~ D&rectoz Copy: PeliOonmt Copy: (2) County Aclmimslzator PROPERTY OWNER'S ADDRESS: LEGAL DESCRIPTION OF SUBJECT PROPERTY:. rELEH-IObrE: ~USE NATLI]~ OF PE'ITrlON: T'HE FOLLOWING INFORMATION IS INCLUDED IN THIS PE'I ITION. (FOR EXPLANATION, SEE REVERSE S[DE.) Ya. 3.e.l) 3.e,4) 3.e.?) 3.b. 3.e.2) 3.e.5) 3.e.8) 3.c. 3.e.3) 3.¢.6) 3.e.9) 3,d. e. 10) . , SIGNATURE OF AGENT FOR PETITIONER DATE Ri~V'IEWED by Approval: D~m~d: ~~ of A~v~ JAN 1 ~1.2003 ~KESSING cHECKLIST . Please complete the follo'~ing. Not ! 't ' r' t 'bo ' Legal description of ubj.eq, t p~per~ or propertie~ (copy ofle. ngthy description may be auached) / 2. Fo_il_~.o (Property ID) number(s) of above (attach to, or associate wltth legal description if more than one) , are ys ~t.. no~alion m~ ~- .... ~ x 5. Copy o£surw¥ 0qEEDED ONLY FOR UNPLATTED PROPERTIES) 6. Propcs~t project nam~ (ii'applic~tfle) 7. Proposed street names (if applicable) 8. Site Development Plan Number .fl:OR EXISTING PROJECTS/SITES ONLY) S DP _ ~7, ' ~te 9. Petition 1'~ t, , which is applicable): SDP (Site Development Plan) '- ~ SDPA (SDP Amen~ncnt) SDPI-'(SDP lnsabsumtial-Change) ................. SIP (Site Improvement Plan) SIPA (SIP Am~n6rncnt) Construction Plans/Plat Land Use Petition (Variance, Conditional Use, Boat Dock Extension, etc.) S~eet Name Change (SNR) Blasting permit R.i 8ht.o f. wayt ca'mit - Clearin?JVegetation Removal ?r~ntit Excavation Permit ~ Other (Describe: ~ Project or development names proposed for, or already appearing in, condominium documents (if applicable; indicate whether pzoposexl or existing) CARNY-02-AR-3521 ,.__ t I JAN l~ 2003 pi. '~' Collier County Sheriff's Office 3301 Tamiami Trail East Building "J" Naples, FL 34112 Telephone (AC 941) 774-4434 December 12, 2002 Mr. Hans Hamann Rotary Club of Immokalce PO BOX $274 Immokalee, FL 34142 Dear Mr. Hamann, This letter is to confirm that I have reviewed the proposal for the upcoming carnival to be held at the Immokalee Regional Airport on January 16th - 19~, 2003. In reviewing the plan, I anticipate no major law enforcement problems. However, contract services will need to be contacted at the Collier County Sheriff's Office Special Services Bureau at (239) 774-4434. If any additional information is needed, please advise. Sincerely, Lt. Mark Baker #762 Collier County Sheriff's Office Immokalee Substation Commander MLB/vg JAN 1 q 2003 IMMOKALEE FIRE CONTROL DISTRICT 502 E. NEW MARKET ROAD, IMMOKALEE, FLORIDA 34142 December 9, 2002 Hans Hamann Rotary Club of Immokalee Dear Hans The lmmokalee Fire Conlxoi Dist. will provide fire protection and inspections for the carnival you are planning January 16th thru the 19th. When planning the layout, keep in mind that the fire trucks need access around the midway. Provide at least 24' fire lane around the midway. Fire extinguishers will be needed per NFPA 10. Fire extinguishers shall be inspected and tagged as required. If you should have any questions, feel free to call me at 657-2700. Sincerely, Fire Inspector JAN ) Q 2003 GENERAL OFFICE (941) 657-2111 FIRE PREVENTION (941) 657-2700 FAX (941) 657-9489 COLLIER COUNTY AIRPORT AUTHORITY JklRPo~),_ 2003 Mainsail Drive '~'~:, Naples, Florida 34114 ~ (,941) 642-7878 ~,~I~~ ~ Fax (,941) 394-3515 . . _ December 17, 2002 Rotary Club of Immokalee Attn: Hans Hamann P.O. Box 5274 [mmokalee, FL 34143-5274 RE: Carnival Event Dear Mr. Hamann: Your request to lease the property on the Southwest portion of the airport, referred to as · 'The Event Area", from January 16, 2002 to January 19, 2002 for the purpose ofh_.osi~n.g a camiwtl. We realize that you will also require several days before for set-up and several days after for clean-up. Please for~vard me a copy of your insurance listing the Board of County Commissioners and the Collier County Airport Authority as additional insured. If you have any questions please call me 239-657-9003 or 239-825-0470. Sincerely yours, John W. Kirchner Airport Manager Marco s;artc[ Executtve AtrDort 2C03 Mainsail Drive Naples. FL 34114 (941 t 394-3355 (941! 394-3515 Fax ImmO~atee Regional Airport 165 Airl3Or', Boulevard immokalee. FL 34142 1941'~ 657-9003 (941) 657-9191 Fax JAN lq 2003 / -2 ~.~. ~.~J~ ~'.L,-.'.- PO. ~,ox 689 650 E.C. Airpar~ RoaCl Everglades CiW. FL ~139 ~941~ 695-2778 ~941~ 695-3558 Fax Hidc~ 'K!l)i (.;U N'I'KAC'L' Show0 -- Lisko & Sons Amusemfn~ Co. Wi tr, esseth: This Cc. ntract entered into thi~.~.d~y a~,etw~en Lisk'o ~ ~,~ns .Amu~ ts pa~,& '~'r,~reas, t. he party of the fir~ papt a~re~s to furnish and present afl ~,~,;,mcmjn!y kr~own~s Lis~::o ~ Sons Ar;,uS~f~,~r~ts ~pon ~,r iv~l of show ~ntertair',menL to c,~r, sist ,~f h~oral ~,~ ~'Gfined attr~cti,:,r,s. ¢~. ~r.. ~..~.~K ~ ...... ¢~. first party t,~ hol,~ e):clusiv~ on all rides; Professional r'.,:.ticl l~ ~i'.,er, ','it. hit, thirty days after preient e:,:pirati,:n date par t~'. th t r, ,',t ~r ' ...... ti.:,r,~d ir~ this cont,'aCtuarial that this contract i$ subject tO by Horr,~ffi~e~of. party of the first part. sii~,~ .............. :', .~~ Raymond L. ~anfo~d (86~)~4~.~3~6' ~or par&y of s, :,snd part 94165?8482 FL COMMUNITY BANK 2?9 P03 DEC 19 '02 13:00 .iA"SUR~Ra~FFO~QIp~,, COVERAGE i N~O # ' t Lisko & S6ns ~se~nt' Co, ~. T.~. insuran~ Corn an~ 39] 1 Cooper Road ~~_ ~.. _~ Lowe]lville, OR 4443G .................. ~~.-,~., 0s/01/02 AL [sC~qlP"r1011 o~; OIN~I~ nOUl i I~&'nONe,, wmm.~l ~' ,~xcMJId~ JK)DEO iv t~lN! t lPl~mA4. PR. owli~l '-- ' ADDITIONAL ZNSURED: ROJM~.D OF COLLTER COUNTY COM~4ISSIONER AND A1NPORT A~rF~OR I T¥ TEE CO01g'~'Y ---'-'------ ~ 300,000 _F 9z~16578482 FL COMMUNITY BANK 2?9 P02 DEC 19 '02 13:00 A ~. L I E D S P 1~ C 1 A L T ¥ I N S U R A N O. l~ , I N C. TO:~HANs ~._BOARD OF COLLIER COW~iW CO[~MiSSiONER P_m~DA. IRPORT._ AOTHOR~TY FAX ~, 239_,657_848~~ FROM:LYNN FOR CINDY DAY ALLIED SPECIAJ~TY INSURANCE INC. FAX: 727 36Q-4232 PHONIC: ~-80or237_335~ LIATE:Dece~b~r 19, 2002 NUIWBER OF P~ES INCLUDING THIS SHEET 2 REASON;CERTIFICATE OF INSURANCE FOR,,LISKO & SONS AMUSEME___N_T_~___ NOTE: IF YOU DO NOT RECEIVE ~ OF THE PAGES, OR IF AHY ILLEGIBLE PLEASE LET US KlqOw AS SOON AS POSSIBI,E AT (727) 367-6900 104~1 Gulf Blvd., Treasure Island. Florlda 33706 (727) 367-6900 * 1-800-237-33~5 · FA~ (727) 367-1407 JAN 1% 2003 Permit No. PEIEVflT FOR CARNIVAL EXHIBITION STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS, Hans Hamann, Chairman of the Immokalee Rotary Club Carnival Committee, has made applicatic, to the Board of County Commissioners of Collier County, Florida, for a permit to conduct a carnival; and WHEREAS, Hans Hamann, Chairman of the Immokalee Rotary Club Carnival Committee, has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct a carnival as set forth in Chapter 10, Article II, Amusements and Entertainments, of the Collier County Code have been satisfied and that such carnival exhibit/on will be conducted according to lawful requirements and conditions; and WHEREAS, said Hans Hamarm, Chairman of the Immokalee Rotary Club Carnival Committee, has requested waivers of the Carnival Fee, Occupational License and Surety Bond; NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO Hans Hamann, Chairman of the Immokalee Rotray Club Carnival, to conduct a carmval [TOm January 16th through January 19, 2003, in accordance with the terms and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for the following described property: (See attached Exhibit 'A") The request for waivers of the Carnival Fee, Occupational License and Surety Bond arc hereby approved. WITNESS my hand as Chairman of said Board and Seal of said County, attested by the Clerk of Courts in and for said County this ~ day of 2003. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA: Approved as to Form and Legal Sufficiency: Mmjor~M. Student Assistant County Attorney CHAIRMAN JAN 2003 LEG.~J., DESCRIPTION (NOT A SURVEY) PROH~CT NO. PARCEL NO_ FOLIO NO... COMM~C~IO AT THE NORTHWEST COR. N~R OF ~ON OF 2680.88 F6~; ~CE NOR~ 87 D~G~ 42 M~ 39 S~CON~ w~-I- ~O~ OF WAY ~ OF CO~ ROAD DEGP;~-g 43 ~NUT~ ~ 5~$ W~, A NOR~ ~G~ OF WAY L~E NOR~ 19 D~ 669.~ ~; TH~CE NOR~ l DEG~ ~ NOR~ 21 DEG.5 20 M~ 05 FE~: ~CE NOR~ 24 DEO~E5 ~C~ ~ORTH ~ DEG~ 23 M~S ~G~ OF WAY ~E NOR~ g4 D~GR~ ~0 M~ ~ ~S ~.'A D~ANCE OF ~0.~ FE~: ~CE SOU~ I DEG~ 30 M~ ~EN~ NOR~ ii DEKE~ 29 M~ SO ~ 1 DEG~E 30 M~ 10 SE~S DEG~ 29 M~ 50 SECONDS ~, A DI~ANCE OF 450.~ F~; ~CE 50~1 1 DE~ 30 MI~S ~0 SECONDS W~, A DI~ANC~ ~ SE~NDS ~, A DI~ANCE OF SECO~S ~, A DISTANCE OF 150.~ FE~; ~CE ~ 43'DEG~ 30 M~ ~ S~NDS W~, A DIST~CE OF 1613.95 FE~; ~BNCE NOR~ I DEG~ 2~ M~ 45 SECO~S ~, A DI~AN~ O~ 1480.00 FEET; ~CE SO~ 8~ DEG~TM ~ M~ I S SECONDS ~, A DI~AN~ OF 6~0.~ FE~; ~ENCE NOR~ I DEGREE FE~; ~IGNCE NOR~t 8g DEGR~q 34 MINt~.q ~IE pOl~ OP BGCINNING; SAID I)~CRIB~D '1~ CO~AINING F~, MORE OR LESS. II II JAN lq 2003 EXECUTIVE SUMMARy. ENTER INTO A DONATION AGREEMENT AND ACCEPT A PERPETUAL, NON-EXCLUSIVE EASEMENT FOR THE CONSTRUCTION OF A SIDEWALK ALONG THE SOUTH SIDE OF PELICAN STREET IN ISLE OF CAPRI. FISCAL IMPACT: (UNDER $50.00) OBJECTIVE: To acquire a perpetual, non-exclusive easement from Twin Dolphins Equity Partners Ltd. for construction of a sidewalk along the south side of Pelican Street in front of the Marco Towers condominium. CONSIDERATIONS: Construction of the sidewalk is part of the 2001-2002 Pathways Programs Project. The Boar'~l of County Commissioners approved the paving of the sidewalk under Consent Agenda bid award 02-3376 on June 25, 2002. The existing road right-of-way is only 30 feet wide west of Capri Boulevard, with no room for a sidewalk as shown in the attached map. It is necessary, therefore, to acquire a perpetual, non exclusive easement, approximately 750 feet in length, to accommodate construction of the new sidewalk. The owner of the property across which this sidewalk must be constructed is Twin Dolphins Equity Partners, Ltd., a Florida limited partnership; and they have consented to grant an easement for sidewalk construction and maintenance to Collier County. All legal instruments associated with this grant of easement have been reviewed and approved by the Office of the County Attorney. FISCAL IMPACT: The sidewalk easement is being donated to Collier County. The only fiscal impact associated with this transaction are recording fees, estimated at $34.50. GRO~VTN MANAGEMENT IMPACT: As a part of the 2001 / 2002 Pathways Program, this recommendation is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: 1. Authorize its Chairman to execute the attached Donation Agreement on behalf of the Board; and 2.Accept the conveyance of a perpetual, non-exclusive easement to the County for the purpose of installing a sidewalk; and 3.Authorize staff to record all pertinent documents in the public records of Collier County, Florida. ~--i (~L.~ c,.~ ' ~- -r--'---"' ' .D.ATE: 1 PREPARED BY: Mar~re-~J. KrgyrCus,~Ploperty.-Acquisiti°n Speclahst ~~~dCon st ru cti on Management ~,'K-:evin- i~le~adr~s, Right-of-W~,y.~zluisition Manager Transpo~ ~n Engineering and Construction Managemeh~t REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Edward J. Kant, I~.'.~/~ir:eCtor DATE: DATE: DATE: Gregg'~t,[akalu~e, P.E., DiFector Transp?f~ation Engineering and Construction Management '~'~----- DATE: Ndrrr~n Feder, AICP, Administrator Trar~portation Services Division ~l/BS/2B0~ 15:25 ~41~945737 HARCEITDWER PAGE ACTION BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF M.T, CLUB, INC., A CONDOMINIUM CORPORATION, A NON-PROFIT FLORIDA CORPORATION The undersigned, being elf of the members cf [he board of directors of M.T. CLUE, INC., a Condominium Corporation, a non-profit Florida corporation (the 'Corporation"), hereby adopts the following resolution by unanimous written consent pursuant to Section 617.0821 of the Floricta Statutes: RESOLVED, that the Corporation subordinate All interest it has in certain property described In Exhibit "A" (attached hereto and made a part hereof, hereinafter referred to as ~'he "Property') to Collier County, a political subdivision of the ,.~tate of Florida (the "County"), In a~cordance with the terms and conctitlons of that certain SUBORDINATION OF ENCUMBRANCE between the C~rp~mtion and the County (the "SUBORDINATION OF ENCUMBRANCE ") annexed hereto as Exhibit "B"; RESOLVED, Chat ,~/.~*'~F_ ,~'~Lg'../ . the presldzent of the Corporation, duly elected to the office of president on ,~/'~' , Eoo~ in accordance with the By-Laws and Articles of Incorporation of {h~ ~cirporation, is authorized and directed to execute arid deliver the SUBORDINATION OF ENCUMBRANCE ~nd any other related documents necessary to subordinste the corporation's interest in said Property to Collier County, a political subclivlslon of the State of Florida. This Action By Unanimous Written Consent cf the Board of Dlreclors of the Corporation was executed on this ~ day of ~tu ) (Signature) (Print NAme) (~lgnatum) (Fnnt Name) (p~nt N~e) By: Anna Marie Betz, Director By: JaJ'nes Carter, Director JAN ! 16:25 S~13946737 M~CDTDWER PAGE ACTION BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF M,T. CLUB, INC., A CONDOMINIUM CORPORATION, A NON-PROFIT FLORIDA CORPORATION. (Cont'd,) By: Lea Simon, Director ~1/o9/2~a~ i6:25 341~546737 MA~COT[MER PAGE PUBLIC WORKS ENGINEERING DEPARTMENT 2685 HOI~OE DRIVE SOUTH NAPL~.5, FLORIDA 34104 (239) 659-5773 I'KO fECT NO .......... PARCEL ~0 .............. FOLIO NO... TAX FARCIiL NO ........... L.F-~AL DESCRIPTION ('NOT A EURVEY) THE NORTH :IlO FEET OF THE EAIST 750 FEET OF SECTION 5, TOWNSHIP Ss?. SOUTH, RANGE iii EAtT, COLLIER COUNTY, FLORIDA. PROFE,..~ONAL LAND SuRVEYOR;F'~,RI~G~:.t TRANSPORTATION ENGINEERING D~I~,B~I'~IENT 2665 HORSESHOE DRIVE SOUTH " NAPLEla', FLORIDA 34'[n4, SHEET 1 OF 1 JAN 1 21113 ai/~/28o3 1G:25 941~94~727 MARCOTDWE~ PAGe 85 PROJECT: isle o! Ca~ri Sidewalk FOLIO; 01050000004 SUBORDINATION OF ENCUMBRANCE THiS SUBORDINATION OF ENCUMBRANCE is given this ?~-~-- day of ~ , 200~ by M.T. CLUB, INC., a Condomlrdum Corporatflmn, a n~r~flt Florida corporation whose post office address is 60 West Pelican Street, Isle of Capri, Naples, FL 33962 (hereinafter referred to aa" M.T. CLUB "), in favor of COLEER COUNI'Y, a political subdivision of the State of Florida, Its successors and assigns, whose post office address is 3301 Tamlami Trail East, Na~31es. Florida 34112 (her~ihafter referred to e~ "Collier County"). WITNESSETH: WHEREAS, M.T. CLUB was organized for the purpose of operating a condominium complex, which condominium complex shall be known es Memo. Towers, and recorded on October 30, 1970 in Official Records Book :375 Page 91, et seq., of the Public Records of Collier County, Flodda; and WHEREAS, M.T. CLUB is a party to that certain DEED OF EASEMENT created by MARCO TOWERS, INC., an inactive Ohio Corporation, and recorded on February 14, 1973 in Official Records Book 505 Page 16, et seq.. of the PubUc Records of Collier Counly, Florida, (hereinafter referred to as "Encumbrance"}, reserving certain ownership rights In M.T. CLUB for purposes of dedicating or declaring easements for the benefit of the g~neral public, and thereby encumbering the premises legally described therein (hereinafter re~erred to as the "Encumbered Property'}; and WHEREAS, ColUer County has requested and received from the fee simple owner of the Encumbered Prepare/ a perpetual non-exclusive easement for the purpose of irmtalling a sidewalk over, under, upon a~d ~cross a portion of the encumbered premises legally described in Exhibit "A" attached hereto and Incorporated herein by viltue of this reference Cwhich premises are hereinafter referred to a~ the "Easement Property"); and WHEREAS, Collier County has requested that M.T. CLUB consent to and subordinate Its right of reservation ta the interest that Collier County has in the Easement Property to which request M.T. CLUB has agreed. NOW, THEREFORE, In consideration of TEN Del I ARS ($10.00) and other good and valuable consideraUon, tl~e receipt and sufficiency of ~hlch is hereby acknowledged, M.T~ CLUB does hereby consent to and subordinate all interest right and title adsir~g out of that Deed of Easement described ebove, to the grant cd' that certain easement described herein over, under, on And across the Easement Property and any interest of Collier County in facilltie~ located therein or affixed thereto. F.x~ept as subordinated to the easement described herein over, under, on and across the Easement Property, and to any facilities located therein or ~lfixed thereto, said Encumbrance shall remain in full force and effect, B1/OS/2B03 16:~5 94139~6737 NARO0~ P~GE 86 IN WITNESS WHEREOF, M.T. CLUB, INC., a Condominium Corporation, non.prollt ~oride corporation ~$ c~used these presents Io be executed this ~, of ~..,,,,J'~-- , WITNESSES: (s~gn~ture) (Print Full Name) (Signature) (Print Full N (Print Full Name) STATE OF ~ COUNTY OF ~ The foregoing Su_~bordin~tlon of Encu.[,mbrance~.was acknowledged ~,~re me this ?';';/ day of~a~F~___, 200,~, by._ .~P-~-~ ..~' ,'~- ,'["~-~' ,, .. who: ')~ Is personally known to me OR __ produced ,, ~s proof of Identity. (e`ff[x nme, rial seal) [x~a:~,~s II (Print Name of N~a~ Pu~lc) Serial / Commission # (if Ellam T. Chadwa11 JAN 1 ,~ 2:,23 ¢ ~1209/~089 1&:25 941A94~7~7 NARL",E1TDNER PAGE PUBLIC WORKS ENGINEERING DEPARTMENT 26g~ HORSESHOE DR/V~ soLrr~ HAPLY, ]FLOI~DA 34104 (~9) 659-5773 PROJP. CT NO I:',A~.,C,EL NO ............. NO... PARCEL NO ........... LEGAL DF~CEJFr/Oi~ (NOT A SURVEY} TNE NORTH SO FEar OF THE ~AST 750 FE~T OF SECTION 6, TOWNSHIP ~ SOUTH, RANGE RS EA~r, COLLIER OOUNTY, FLORIDA, GEORGE R, RIOI"tM N ~ ' ".' PROFEE$81ONAL i.AND SURVEYOR;,F"~-., R~G.: ~ ~406 TRANSPOi~'ATION ENGINI='EERING' DEP'AElrFtVIENT- 2B85 HORgEgHOE DRIVE ~t,JTH " " NAPLES, FLORIDA ,..~104 SHEET 1 OF i . .... JAN 1,~ 2003 15;18 941-514-1777 E~UIT¥ INVE.q'TMENT~ p~SE 09/t~ pROJECT: Isle of Ce, pd Sidew'alk FOLIO: 01080000004 SIDEWALK EASEMENT THIS EASEMENT is mede and entered into this ~ d~y of ~'~ .. 200~ by TWIN DOLPHINS EQUITY PARTNERS LTD,, a Florida L1MIte~[ Partnership, whose mailing address is 800 Laurel Oak Ddve, Suite 600, Naples, FL 34105 (hereinafter referred to as "Grantor'), and COLLIER COUNTY, a politics| sub~rrvislon cf the State of Florida, having a mailing address of 3301 Tarniami Trail East, Naple-~, Florida 34112, its successors and assigns (hereinafter referred Co es "Grantee"). 0/Vherever used herein, the terms "Grantor'' and "Grantee' Include all parties to this instrument and their respective heirs, legal repmsentaltve~, successors a~d assigns. Grant~r and Grantee am used for singular or plural, ae the context requires.) WITNESSETH: Grantor, for a~d in.~ consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Gran~ee, the receigt and sufficiency of which is hereby acknowledged, hereby conveys, grants, b~rgalns and sells unto the Grantee, a perpetual, non-exclusive easement for the purpose of construction end maintenance of a sidewalk upon and across the foIlowtng described iands located !~ Collier County, 1=l(3rida~ to wi~: See attached Exhibit "A" which is incorporeZed herein by reference.. 'Subject t0' easements, restrictions, end reservations o! record. Subject property' is vacant land and not the homestead ef the Grantor. TO HAVE 'AND TO HOLD the same unto the Grantee, t~gether with the right to enter' upon said ~and, place, excavate, and remove meterMIs for the purpose of constructing, and maintaining a sidewalk thereon. The easement granted herein shall, constitute ~n e~asrrlent running wfth the [and and shall burden the Iai'ids described ab .eve. [N wI'rNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: (s~a~Y g (Print Full Name) Twin .Dolp~m Ltd., BY:. Equity~V In?gstmerffa'.{~ Development, Inc., a Flo~e~3orporatio~ frs General ~ Chafla~Benn~, Ill, ~ JAN 1 { PAGE 18/12 STATE OF ~1~(~'%O4~r COUN~ o~ ~ The fo~mlmg Stdewa~k ~sement w~ ~ledged b~o~ me this ~ , day of ~~ , ,. ~00~, ~ %,.~.~ ~-~ who:' ~ pemon~ly kn~n to me OR __ produ=ed. as proof of identity. (affix notaziat seal) (Signature of Notary Publlo) ~:~rint Name of Ncrtary Public) Serial !,Commission ~' (~f any): My Commission Expires: Approved as to fo~ &tegal sufftcteac~-'~ Assistant Count. i AttorneJ~~-~/~ £11en To Chadwe11 JAN I a 2~:3 9q~-§14-1777 E~LIITY IN~5"Th~NTS PAGE 11/12 P~,O ~CT NO PA~C~L NO ............ TAX PA~. NO ~o~ ~sscSn~o~ ~o'r A THE NORTH 30 FEET OF THE F_AS:T 7'~J0 FEET OF SECTION E, TOWNSHIP SP-- SOUTH, PANGE Z8 EAST, COLLIER COLINTY, FLORIDA, GEORGE R. RJCHMoND: TRANSPO _RTATION EN~INEERI~,D~NT. 2685 HORSESHOE DRIVE SOUTH', ':,'" ,"" NAPLES, FLORIDA 34104 SHEET t OF 1 JAN 1 ~ 2003 ' · ' . ' ....... ~ z'~ .... 15:1~ 9~1-51 ~-1777 E~IJITY I ~V~TM~ENT~ PA~ 0§/12 PROJECT: Isle of Capri Sidewall( FOLIO: 01060000004 DONATION AGREEMENT THIS DONATION AGREEMENT (hel:l~jl~.affer ref?_rred 1o as._~he "Agreement") is made and entered into this ~ day of ~'~~ . 20[]~, by end between TWIN DOLPHINS IEQUI'I~t' PARTNERS LTD,, a Flodda Limited Psulnersh[p, (hereinafter referred to a~ "Owner'"), whose mailing address is 800 Laurel Oak Drive; Suite. 600, Naples, FL 34108, end COLDER COUNTY, A political eubdivlslon of the State of Florida, (hereinafter referred to as "County"l, whose mailing address Is 3309 Tamiami Trail East, Naples, Florida 34112. WITNE$SETH: WHEREAS, County has requested that Owner convey t~ County a perpetual, non- exclusive easement for the purpose of Installing a sldev~Ik over, under, upon and acmes the lands descried in Exhibit "A" (said Easement hereinafter referred to as the "Property"), which i$ attached hereto a~d made a par~ =f this Agreement; and WHEREAS, Owner desires to convey the Property to County' for the stated purposes, on the terms and conditic~ set forth herein; and WHEREAS, Ova~er recognizes the benefit to Owner end desires to convey the Pmperbj to County f=r the stated pu~osas, on the terms and conditions set fo~'t~ herein, said terms including that no compsns&tlon shall be due and payable for the Property requested by County: NOW, THEREFORE, In consldaratfon of these premises, the sum of Ten Dollars ($10,00}, and other good and valuable consideration, the receipt and sufficiency of which hereby mutually acknowledged, it is agreed by and between the parties as follows: 1, Owner sh~i convey the Property (said transaction hereinafter referred to as the '~toslng"). to C~unty st no cost tO the County, unless otherwise stated herein. 2. Prior to closing, Owner shall obtain from the holders of any liens, exceptions and/or quallflcatlons encumbering the Property, the execution of such instruments which will remove, release or subo~dinate such encumbrances from the Property upon. their recordlr~ in the public records of CoEler County, Florida, Owner shall provide such instruments, properly executed, to County on or before the date of Closing. ' 3. Both Owner mhd County ~gree that time is of the essence in regar~ to the and th~l therefore Closing shall occur within sixty (60) days from the date of execution of this Agreement by the County;, provided; h~wever, that County sh~ll have the unilateral dght to extend the tsrm of this Agreement pending receipt of such instruments, proper~y executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment ~f the Property. ' 4. Owner is aware and underst~lds that this Agreement Is subject to the a~cepta~ce end approvaJ by the Board of County' Commissionem of Collier County, Florida. 5. Owner represents that'the Property a~d ali uses of the Pn3perty have been end presently am in compltar~ce ~vith all Federal, State and Lo,nj environmental laws; that no hazardous subslances have been generated, stored, treated or transferred on the PropeKy. except as specifically disclosed ~o the County; that the Owner has no knowledge of any spill or envlronmenta~ [~w violation on any property contiguous to or in the vlcinlty 01 the property JAN knowledge of a) a~y spill on the Property, b) a~y ex[sttng or threatened env[renmentaJ lien again~ the Pro~ or c) ~ny I~uE, pr~lng or ~eaig~tl~n regaling the generation, ~omge, tm~men~ spill or tmn~r of h~ardous sub,encee on the P~pe~y. This provision shall suave Closing and Is n~ deemed s~[sfled by conveyance ~ title. 6. O~er shN! lnd~lfy, defend, save and hold ha~le~' ~ Coun~ ~gNn~ ~nd from, ~nd ~ mimbume the Cou~ wiffi mspsm ~, any and all d~es', c~ims, llabili~es, and e~ses ~e[her in cou~ out of couP, In bankrup~ or admini~mtNe proceedings or on app~, penalties or fines incu~ed ~ or ~e~ed agaln~ ~e Ceu~ by re~son or out of the bm~ch of ~e~s mpmsentmiDn under Se~on.5. ~ls provision s~[I Closing and is not deemed ~d by c~nvey~nce af tire, 7. Coun~ sh~ll p~y ~r all co~ ~f mco~ing the c~nve~ce in~rument, mco~lng costa for shy ~m~ve ~stmmen~, ~ the Public Recoffis of Cell~r CounbL Coun~ sh~l ~ responsible f~r pa~ng any c~ and/or fe~ ess~iated wl~ securing and ree~tng a Subornation, Co~ent & Joindar' of Easement af 1he mo~gage(s) ~a~ed ~ein~ the Pmpe~ from the mo~g~(s}. All o~ar oos~ associ~ed with ~is tmns~mlon including but not limited te ~n~er, documan~ end in~nglble t~s shell be borne paid by ~er. The co~ ~f a rifle ~mmEment ah~l[ be p~ld ~ Cou~. a. This Agme~ and the te~s and pmv~ions hem~ ~1 be effe~ve ~ ef the date this Agreement is executed by bol~ pa~es and shall inure m the benefit of and binding upon ~m pallas hereto ~nd their mspectNe helm, exe~om, pemonal mpmsen~tlvea, successom, eacceesor trustees, ~or ~aignees, whene~r the conte~ so requires or edm~, 9. Con~yan¢e of the Properly by Owner is contingent upon no ~her pm~lons, oondEions, or pmm~es ~er ~en'.those so ~ed above; end the w~en Ag~ment, tnc~uding ~ll exh~its ~t~chad here~, sheX oonstlt~e the entire Agreeme~ undem~dlng ~ 1he pa~, and them ere no other prior or contemporaneous ~en or oral agreements, undeKa~ge, pmmis~, waff~ties, o>co~eneq~ nDt combined 10. If the Owner holds ~e .p~pe~y In the fo~ of ~ pa~emhip, [imEed p~nemhlp, coGor~inn, ~ or any ~0rm of regreaen~lve ~aei~ wh~oe~f for othem, ~ar sh~ll ma~ a w~ffen public dis~osum, ~o~ing ~ Ch~r 288, RoH~ ~atutes, under the name ~nd address of e~ pemon h~v~g e benefic[~l intere~ ~.~e Pmpe~ before the Pmpe~y he~ in su~ o~acl~ ~ ~nvey~d to County, its su~e~ors and assigns, (If the eorpomtio~ ia mg[~emd wl~ the Fe~i Securities ~chenge Commbsion or pumuant ~ Chapter ~17, Flodde Statues, ~ose.~ook ts for sale ~ the general public, it exsmp~ from the pr~lons ~f Cha~er 286, Florida S~utes.) 11. Thb Agreement ts go~med and construed In accedence w~ the I~ of the ~te of Reticle JAN I 2883 EQLIITY INvEST~4ENTS 87/12 iN WITNE$SWHEREOF, the pa~les hereto have exmcutedthis Agreement on AS TO COUNTY: DATED: ATTEST: Dwight E. Brock, Clerk , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER .COUNTY, FLORIDA BY: James N. Colett~, Chairman AS TO OWNER: WITNESSES: (Print Fall Name) CharLes S. Bennett, III,.~ieA3ime~r Approved ~e to form and legal sufficiency: Ellen T. Chadwell Assistant County 15: l~J 5~L-51~-1777 ~"~lJ ITY IH\~$TMENT$ PA/~E ~8/12 TA~ PAY, CEE NO. ....... -. c~.mm ¢ou~'n', ~omoA. PREPARED ' GEORGE P~ RICHMOND:. '"," "~' : De PP!.O~IBiISIOI~'AL LAND ..RuRvE~.'P~F~:FI~,~-~4 '. T~qANS~ORTATION ENGiINE~R~I~G' O~AF/:TMENT. - ~ses ~as~s~o~ oasys'soutH '.' - . SHEET1 OF1 · EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE MEDIATED SETTLEMENT AGREEMENT AND THE STIPULATED FINAL JUDGMENT INCORPORATING THE SAME TERMS AND CONDITIONS AS THE MEDIATED SETTLEMENT AGREEMENT RELATIVE TO THE ACQUISITION ON PARCEL NOS. 114, 115 AND 116 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. CENTEX HOMES, A NEVADA GENERAL PARTNERSH81P, ET AL., CASE NO. 02-1602- CA, (GOODLETTE-FRANK ROAD PROJECT # 60134). OBJECTIVE: That the Board of County Commissioners approve the Mediated Settlement Agreement and a Stipulated Final Judgment incorporating the same terms and conditions as the Mediated Settlement Agreement as full and final compensation to be paid for the acquisition of the fee simple interest on Parcel Nos. 114, 115 and 116 for the Goodlette Road 4-Laning Project Goodlette-Frank Road (Pine Ridge Road to Vanderbilt Beach Road) in the lawsuit entitled Collier Count~' v. Centex Homes, a Nevada General Partnership, et al.. Case No. 02-1602-CA. CONSIDERATIONS: On August 27, 2002, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of fee simple interests for the Goodlette-Frank Road 4- Laning Project No. 60134 (Pine Ridge Road to Vanderbilt Beach Road). On September 16. 2002. Collier County deposited with the Registry of the Court the sum of $25,700.00 for Parcel Nos. 114, 115 and 116 in accordance with the Order of Taking. A Mediation Conference was held on November 12. 2002 :~t x~hich the parties reached a settlement agreement whereby the property owner, Centex Homes. x~ill be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2002-97). The terms of the Mediated Settlement Agreement (attached as Exhibit "A") will be incorporated in the Stipulated Final Judgment to be presented to the Court for entrv. The Mediated Settlement Agreement provides for $195.594.00 to be paid to Respondent in full settlement of all claims for compensation including statutory interest, but excluding expert fees and costs under Section 73.092(1), F.S. The Settlement Agreement provides for $53,944.77 to be paid to Respondent for attorney's fees pursuant to Section 73.092(1), F.S. Respondent has also agreed outside of the Mediated Settlement Agreement to accept the aggregate sum of $36,700.00 to settle all expert fees including appraisal fees and engineering fees. The Mediated Settlement Agreement provides that Collier County shall deposit the additional amount of $223,838.77 with the Registry of the Court. By adding the sum of $36,700.00, the deposit is increased to $260,538.77. ,,_, ~x,,.~_ISCAL IMPACT: Funds in the amount of $260,538.77 are available in the Transportation "x\ ~d ~as~ax ~un ~~ ~as 7'~'~.s~77:~.'77~ " 002 JAN 1 2003 GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: approve the expenditure of funds as stated; and approve the attached Mediated Settlement Agreement; and approve the Stipulated Final Judgment which incorporates the terms and conditions of the Mediated Settlement Agreement and the expert fees to be presented to the Court for entry. Heidi F. Ashto?Assistant County Attorney /~evin I:ien~r,~C~s. ROW Acqdisi*ion Manater Transportation/ECM/RO\V Date: Date: REVIEWED BY: REVIEWED BY: Greeting. Strakaluse. P.E.. Director Transportation/EGXI .::,)' ,,,.: ,. ~o:a~ :. :eder, Administrator Transpo~ation Division Date: Date: APPROVED BY: David C. Weigel, County A(-~rney Date: h: Lit'xEmDomain\Centex-ExSum MedSettlemem JAN 14 Pg. ~ 2 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL DIVISION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, CENTEX HOMES, a Nevada general Partnership, et al. Defendants. Case No.: 02-1602-CA Parcel No.: 115 j I l 6,, / //7/ MEDIATED SETTLEMENT AGREEMENT At a Mediation Conference held on July 16. 2002 and continued on November 12, 2002. the parties reached the following Settlement Agreement: 1. Petitioner will pay to Defendant(s), ~,~4'/'O~.,g the sum of $[?f,~-5'~z/, °,~'oo in full settlement of all claims for compensation from Petitioner whatsoever, including statutory interest, but excluding aa-~"t'~'jz'sqe'~ experts' fees, and costs.. Mill ¢o.7 2. Petitioner is entitled to a credit in the amount of -~ o~5'3~ 20(~. 0%0 which was previously deposited in the Registo' of the Court in this case by Petitioner. 3. Counsel for Petitioner and Defendant(s) will jointly submit to the Court for signature a mutually approved Stipulated Final Judgment in this matter as soon as practical hereafter. 4. Petitioner will pay Defendant(s) the balance due of ~' o~.F,, ~',~oc'. 77~0o within ~O days of the actual date of receipt by Petitioner's counsel of a certified copy of the aforesaid Stipulated Final Judgment from the Court. 5. This Agreement is Commissioners of Collier County. JA, 1 2003 subject to ap~rov.a~l b~ le Board of County 6. The Court will retain jurisdiction herein as to the matter of Defendant's(s) ~ experts' fees, and costs. Attached hereto is an addendum to this Agreement. Yes No 8. This Agreement and the attached addendum, if any, contain(s) all of the agreements of the parties. Petitio"~er 6re}~ Sh"a~.h,~ , TgCrr2 /5,.-eOrr~Defendant th,6~Oe[ '~ &elec'd Petitioner Md~ator D e fenda~9.aZ__~~ ~ Attorney for Defendant J JAb,J 1 z~ 2003 lq'3. ~- DEC., 1 7 2002 L ADDENDUM TO MEDIATED SETTLEMENT AGREEMENT This settlement is made subject to the following additional conditions: Pet, itijoner T- ! Attorney for Petitioner Me AC-Ei,'~-~ ~. ;' _, JAN 1 q 2803 pg. ~5 Defendant EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD APPROVE A SETTLEMENT AGREEMENT IN THE CASE OF KAREN LEE v. DOMESTIC ANIMAL SERVICES, CASE NO. 02-649-CC, AND AUTHORIZE THE C~'~,IRMAN TO SIGN ALL NECESSARY SETTLEMENT DOCUMENTS. OBJECTIVE: To obtain Board of County Commissioners ("Board") approval of a settlement agreement in the case of Karen Lee v. Domestic Animal Services, Case No. 02-649-CA, Twentieth Judicial Circuit in and for Collier County, Florida, and authorize the Chairman to sign all necessary settlement documents. CONSIDERATIONS: Ms. Lee is the owner of two dogs, a tri-color jack Russell terrier and a pit bull/boxer mix. On April 3, 2002, the Collier County Domestic Animal Services a, ppeals Forum ("Appeals Forum") upheld Collier County Domestic Animal Services initial determination of dangerous dog and found both dogs as "dangerous" pursuant to Section 767.12 F. S. On April 19, 2002, Ms. Lee filed a Petition for Hearing in County Court, challenging the final determination of the Appeals Forum. In addition, Ms. Lee has filed a Motion to Dismiss alleging that the County has failed to establish appellate procedures pursuant to Section 767.12(1)(d), Florida Statutes. The County Attorney's Office, County Staff, and Ms. Lee recognize the cost and uncertainties of continuing to litigate the appeal in County Court and their desire to cease the appeal process. Accordingly, in coordination with County Staff, the County Attorney's Office has drafted the attached settlement agreement, which reflects all terms as negotiated with opposing counsel and agreed to by Ms. Lee. -Fhe settlement agreements requires that Ms. Lee dismiss her PetitionJbr Hearing with prejudice and in exchange the County will suspend the County's initial determination of Ms. Lee's dogs as "dangerous" pursuant to Section 767.12. Additionally, with minor exception, the settlement agreement requires Ms. Lee to register her dogs with Collier County Domestic Animal S~-"ces and confine her dogs as if they were declared "dangerous". However, ifa quasi-judicial or judicial forum finds either G 3. Lce's dogs, to attack or bite a person or a domestic animal or cause severe injury to or death of any human then the "dangerous dog" declaration would be actionable. The County would then be able to pursue statutory causes of action against Ms. Lee as an owner of a dangerous dog whose dog attacks or bites a person or a domestic animal or causes severe injury to or death of any human, if appropriate. FISCAL IMPACT: There is no direct fiscal impact. However, there is an indirect fiscal impact of County Staff and County Attorney time being spent during the course of any further litigation of this matter. There is no statutory authority authorizing either party to pursue attorney's tees. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board approve the attached settlement agreement and authorize the Chairman to execute The final settlement documents. jenn'~e~ P~' Belpedk~Assistant County Attorney John Dun~h~uC'k, Public Services Administrator i' t C. Weigel, County/~omey DATE: DATE: SETTLEMENT AGREEMENT This Settlement Agreement ("Agreement") is entered into and made on this __ day of January 2003 by and between Collier County (the "County") and Karen Casey Lee ("Ms. Lee") with respect to Case Number 02-649-CC, an appeal taken by Ms Lee of the County's initial determination (as upheld by Collier County Domestic Animal Services Appeals Forum on April 3, 2002) of Ms. Lee's do_,s "Mercie" and "Gracie" as "dangerous" pursuant to Section 767.12 Florida Statutes, hereinafter collectively, "the Parties". RECITALS WHEREAS, Ms. Lee wishes to dismiss her request for hearing and appeal with prejudice of the Collier County Domestic Animal Services Appeals Forum ("Appeals Forum") final determination of "Mercie" and "Gracie" as "dangerous" now pending, Case Number 02-649-CC, in Collier County Court and waive any such right to an appeal in exchange for the County's ,s'z~spensio~z of this classification; and WHEREAS, Ms. Lee recognizes and acknowledges that the final determination of dangerous dog by the Appeals Forum will become a final determination as if same had been upheld by the County Court on Appeal if certain specified future events are found to have occurred hereafter through a quasi-judicial or judicial process, including all available appeals as pursued by either Ms. Lee or the County; and WHEREAS, Ms. Lee's owns both "Mercie", a th-color female Jack Russell terrier and '~Gracie," a tan and white female Pit Bull/Boxer mix; and WHEREAS, Ms. Lee has alleged in her request for hearing and appeal that the County has failed to establish appellate procedures pursuant to Section 767.12(1)(d), Florida Statutes; and WHEREAS, the Parties, without admitting any liability or fault by either of them, recognize the cost and uncertainties of continuing to litigate the appeal in county court and their desire to cease that appeal process; and WHEREAS, the Parties desire to reduce their compromise of all such claims or controversies to this writing so that it will be binding upon Ms. Lee and the County and their respective pr,~decessors, successors, heirs, assigns, spouses or ex-spouses, employees, former employees, elected officials, former elected officials, officers, agents, representatives, attorneys, insurers, sureties and affiliates. NOW, THEREFORE, in consideration of the mutual covenants and promises and considerations set forth in this Agreement, the sufficiency of which is hereby acknowledged by both Ms. Lee and the County, and with the intent to be legally bound, Ms. Lee and the County mutually agree to the following: 1. The Parties agree to adopt and incorporate bv reference the foregoing recitals, sometimes referred to as "Whereas clauses", by reference into this Agreement. 2. Ms. Lee agrees to dismiss her request for appeal and hearing with prejudice in County Court effective immediately and waive anv rights to such an appeal and the County will suspend the County's initial determination of Ms. Lee's dogs "Mercie" and "Gracie" as dangerous pursuant to Section 767.12, Florida Statutes. 3. The County agrees to immediately dismiss (nolle prosequi) the two citations that are the subject of Case Number 02-9772-COA now pending in County Court. 4. The County further agrees to suspend the final determination of "Mercie" as dangerous dog rendered by the Appeals Forum on April 3, 2002 in exchange for Ms. Lee agreeing that the suspended final determination will immediately become a final determination as if upheld by the County Court on Appeal if "Mercie" is found by any quasi-judicial or judicial forum, including all available appeals as pursued by either Ms. Lee or the County to-'have-- ' .- committed any of the following future events: "Mercie" attacks or bites a person or a domestic animal or causes severe injury to or death of any human. 5. The County agrees to suspend the final determination of "Gracie" as dangerous dog rendered by the Appeals Forum on April 3, 2002 Appeals Forum in exchange for Ms. Lee agreeing that the suspended final determination will immediately become a final determination , .s if upheld by the County Court on Appeal if "Gracie" is found by any q~,asi-judicial or judicial forum, including all available appeals as pursued by either Ms. Lee or the County, to have committed any of the following future events: "Gracie" attacks or bites a person or a domestic animal or causes severe injury to or death of any human. 6. The Parties agree that Section 767.13 of the Florida Statutes will govern any such appeal process from the quasi-judicial or judicial forum as referenced in Paragraph 4 and Paragraph 5 of this Agreement and that any such appeal process will be by Writ of Certiorari and shall not be a hearing de novo unless the County enacts, or amends any resolutions, ordinance or procedures regarding this process stating otherwise. 7. The Parties agree that any such appeal as referenced in Paragraph 4 is considered an appeal of an attack or bite by a dangerous dog as the classification of "dangerous dog" shall immediately "spring" into action and will no longer be s~expended upon the finding of a quasi- judicial or judicial forum, including all available appeals as pursued by either Ms. Lee or the County, as referenced in Paragraph 4 and Paragraph 5 of this Agreement that any event as referenced in Paragraph 4 and Paragraph 5 has occurred. 8. The Parties agree that Ms. Lee is to comply with Section 767.13 of the Florida Statutes, which governs quarantine, impoundment, and the destroying of a "dangerous dog" during the time of any such investigations or proceeding related to any allegations as referenced in Paragraph 4 or Paragraph 5 of this Agreement. 9. In consideration of the County's agreements as set forth above: 3 a. Ms. Lee agrees to provide Collier County Animal Control with a current certificate of rabies, due annually, for both "Mercie" and "Gracie" starting on February 1, 2002, and for a period of five years thereafter. b. Ms. Lee further agrees that she will confine both "Mercie" and "Gracie" in a proper enclosure as defined by Chapter 767 of the Florida Statutes and agrees to immediately post signs in accordance with the requirements set forth in Section 767.12(2)(b) at the her current residence located at 2240 19th Street, SW in Naples, Florida and future residences Ms. Lee and either "Mercie", "Gracie", or both may occupy. C. Ms. Lee further agrees that she shall permanently identify both "Mercie" and "Gracie" by means of an electronic implantation devise and provide Collier County Animal Control with evidence to their satisfaction of such identification procedure within 30 calendar davs from the day that this Settlement Agre.ement is ratified by the Board of County Commissioners at public meeting. d. Thereafter, Ms. Lee further agrees that she will immediately notify Collier County Animal Control orally and in writing when either "Mercie" or "Gracie", or both: i. Is loose or unconfined: or ii. Has bitten a human being or; iii. Attacked another animal: or iv. Is sold, given away or dies; or v. Is moved to another address for a period of over seven calendar days. 10. Ms. Lee represents and warrants to the County that she is authorized to enter into and that she has the authority and ability to perform the terms of this Agreement. 11. This Agreement is the result of a compromise of disputed matters and claims and it is understood that the execution and performance of this Agreement by the County does n0t ~:7, .~, ~: £~ 4 constitute, nor shall it be construed as, an admission that the Co ,. vi~. any law, statute, rule, regulation or ordinance of the United States, the State of Fiffi-da °r'tli~-County, or that any of Ms. Lee' s claims or contentions have any merit w : ..... :::~' 12. This Agreement will be governed by the laws of ~~d~ :. 13. This Agreement is to be strictly construed in accordance ~{~:~...!~:'~'~iI ~767 or any Chapter of the Florida Statutes that may replace Chapter 767, F.S. 14. This Agreement is freely and voluntarily executed by the County and Ms. Lee after they have been apprised of all relevant information concerning this Agreement and after they have received advice of their respective counsel. In executing this Agreement, Ms. Lee and the County do not rely on any inducements, promises, representations other than the promises and representations set forth in this Agreement. In this regard, Ms. Lee and the County acknowledge that this Agreement is the product of mutual negotiation and no doubtful or ambiguous provision in this Agreement is to be construed against 'any party based upon a contention that the party drafted the ambiguous language or that the party was intended to benefit from the language or clause in question. 15. This Agreement may be amended only by a written instrument specifically referring to this Agreement and executed with the same formalities as this Agreement. 16. Should any provision of this Agreement be declared or be determined by any Court to be illegal or invalid, the validity of the remaining parts, terms, provisions, shall not be affected thereby and such an illegal or invalid part, term or provision shall be deemed not to be part of this Agreement. 17. In the event of an alleged breach of this Agreement, Ms. Lee and the County hereby agree that all underlying causes of action or claims of Ms. Lee and the County have been extinguished by this Agreement and that the sole remedy for breach of this Agreement shall be for specific performance of its terms and conditions. 5 In this regard, Ms. Lee and the County" further agree that the sole venue for any such action for specific performance shall be the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 18. The parties hereto agree that this Agreement supersedes and replaces all prior agreements and understandings and that it constitutes the entire agreement between Ms. Lee and the County and that there exist no other agreements, oral or written, between them relating to any matters covered by this Agreement or any other matter whatsoever. 19. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. 20. Except as expressly provided for herein, the parties represent and warrant that in executing this Agreement, they do not rely upon and have not relied upon any oral or written representation, promise, warranty or understanding made by any of the parties or their representatives with regard to the subject matter, basis or effect of this Agreement. 21. The Parties acknowledge and assume the risk that facts, additional and different or contrary to the facts which they believe to exist, may now exist or may be discovered after this Agreement has been entered, and the parties agree that anv such additional, different or contrary facts shall in no way limit, waive, affect or alter this Agreement. IN WITNESS WHEREOF, Ms. Lee and the County have executed this Agreement, xvhich consists of 7 pages, on the dates set forth below next to their respective signatures and as sworn to and acknowledged by Ms. Lee. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By: Chairman 7 Approved as to form and legal sufficiency: Je'~Chifer-A. B~eXt~io Assistant County.Attorney KAREN LEE THIS SETTLEMENT AGREEMENT COUNTY was sworn to and subscribed by this day of January 2003. BETWEEN KAREN LEE AND COLLIER before me Personally Known or Produced Identification Type of Identification Produced Signature of Notary Public Commissioned Name of Notary Public (Please print, type or stamp) My Commission expires: 7 Item 16 K 4 - January 17, 2003 BCC Meeting This item has a Time Certain of 12:00 Noon. Recommendation that the Board of County Commissioners and the County's Labor Negotiating Committee hold Strategy Session for Collective Bargaining with the Southwest Florida Professional Firefighters and Paramedics, IAFF LOCAL 1826, in the Shade pursuant to Section 447.605(1), Fla. Stat. JAN 1 ~ 2003 MEMO FROM: SUBJECT: Id/4 DATE: December 27, 2002 ~/ TO: Jim Mudd, Count), Manager '/' David C. Weigel, County Attorney Frank Halas Commissioner, District 2 Human Relations Ordinance After carefully considering the input of the community, staff and other four Commissioners I believe that the needed resoumes for addressing discrimination cases are already in place through the various state and federal agencies, such as the Florida Commission on Human Relations. I do not believe it is in Collier County Government's interest to try to duplicate resources where we may indeed not truly have the authority or ability to positively effect the outcome of cases that would be presented and could potentially lengthen or harm the resolution of such cases. My suggestion for an alternative direction would be to present a resolution to the Board of County Commissioners that would include the following objectives: · Recognizing that the Board of County Commissioners has zero tolerance for discrimination in Collier County. Establishing an office within Collier County Government (possibly within the Human Services Department) that could direct complaints to the proper local, state or federal agency, such as the Florida Commission on Human Relations for investigation and appropriate action. · Provide community awareness for this resource through comprehensive advertising program coordinated by the Communication and Customer Relations Department. · Establish a semiannual community-wide meeting to take input and subsequently report to the Board of County Commissioners on the utilization of this resource and suggestions for future improvement. I would issue is again discussed in the future. like to request that a draft be prepared for presentation to the Board of County Commissioners when this ~Frank Halas- - -- -- Commissioner, District 2 FI-I/tim CC: Board of County Commissioners Media File JAN EXECUT r~E S~Y REQUEST TO ~ F~N~aL ~C~EPT~CE OF THE ROADWAY, DI~~, WATER SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "RIVERCHASE COMMONS" OBJECTIVE: TO grant final acceptance of the infrastructure improvements associated with that subdivision known as "Riverchase Commons" CONSIDERATIONS: On June 6, 2000, the Board of County ComMissioners granted Dreiiminary accepBance of 5he roadway, drainage, waBer and sewer improvements in "Riverchase Commons". The'roadway anc drainage improvements will be maintained by the srolect's homeowner's association. ~he water and sewer improvements will be maintained by the County. The required imerovemenls have been cor~slrucled in accoreance wiEh ~he Land Development Code. ihe County Development Services has inspecEee ihe improvemenEs and is recomP~ending final acceptance of the imsrevemen~s. 4. A resolution for flnal ~ccep~ance h~s been preeared and approval by the Co:,ney~ ~ .~n~ornev's_ n~{c:~;~ ~. A cosy ~+~= the documenz is attached. 5'. This Executive Summary has been reviewed and approved by Transportation Services and Public Works U%iiities. FISCA/~ IMPACT: The roadway and drainage improvements will be maintained by the projec5's homeowners association. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEMENT II4PACT: None Executivq Summary Riverchase Commons Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Riverchase Commons" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release s~ the maintenance security. PREPARED BY: John R. Houldswor~h, Senior Engineering Review r~,uineer Date REVIEWED Thomas E. Kuck, P.E. Encineerinu Review Direct,ur "3:ntv Er:qir:aer ~s:OV=~ BY: jos.~p~h K. schm~islr~ilr ~unity Dev. and Envirenme:~2&i SVCS. / Dd~e' JAN 14 2003 0 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 35 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 55 56 57 58 59 60 61 RESOLUTION NO. 03- RESOLUTION TO AUTHORIZE FhNAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN RIVERCHASE COMMONS, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE PROPERTY-OWNERS ASSOCIATION. WHEREAS, the Board of County Comrrfissioners of Collier County, Florida, on April 13, 1999 approved the plat of Riverchase Commons for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and 9,2-IEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BO.~RJD OF COUNTY CO,M_MISSIONERS OF COLLIER COUNTY, FLORDA, that final acceptance be ranted for those roadway, drainage, water and sewer improvements in Riverchase Commons, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Riverchase Commons property-owners association. This Resolution adopted after motion, second and majority vote favonng same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMM_ISSIONERS COLLIER COUNTY, FLORIDA By:. CHAIRMAN Approved as to form and legal Patrick G. White Assistant Collier County Attorney ~,ENOA rlJ~ JAN 1 zt 2003 EXECUTIVE SUI, fl~Y REQUEST TO APPROVE FOR RECORDIN~ THE FINAL PLAT OF "SATURNiA LAKES PLAT THREE", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE A~REEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: TO approve for recording the final plat of "Saturnia Lakes Plat Three", a subdivision of lands located in Section 28 Township 48 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Saturnia Lakes Plat Three" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. Security in the amount of lO~ of the total cost of the required improvements, and 100% of the ~ost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be proviced and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would he in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends tha~ the final plat "Saturnia Lakes Plat Three" be approved for recording. of FISCAL IMPACT: The project cost is $1,985,972.48 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $ 776,682.00 - $1,209,290.48 The Security amount, equal tc 110% of the project cost, is $2,184,569.73 JAN 2003 Executive Summary Saturnia Lakes Plat Three Pa~e 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $37,194.79 Fees are based on a construction estimate of $1,985,972.48 and were paid in August, 2002. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)-$ 861.35 b) c> Paving, Grading (1.3% const, est.) MANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) -$ 3883.41 Drainage, Paving, Grading (.42% const, est.)-$ 5079.02 Construction Inspection Fee Water & Sewer (1.5% const, esS.) -$11650.23 Drainage, -$15720.78 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: issues HISTORICAL/ARCHEOLOGICAL IMPACT: There are no outstanding environmental There are no historical or archeological impacts EAC RECOMMENDATION: Approval CCPC RECOM/~ENDATION: Approval P~ING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Saturnia Lakes Plat Three" for recording with the following stipulations: Approve the amount of $2,184,569.73 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. JAN 1 ~ 2003 Executive Summary Saturnia Lakes Plat Three Page '3 Approve the standard Agreement, and form Construction and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director, County Engineer Date Date APPROVED BY: Joseph ',chmitt, iminis~rator Commun~ Development & Environmental Services JAN 1 2003 EXECIFTIVE S~Y REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "GOLDEN GATE FIRE STATION #72" OBJECTIVE' To approve for recording the final plat of Golden Gate Fire Station #72, a subdivision of lands located in Section 2, Township 50 South, Range 26 East, Collier County, Florida. CONSIDERATIONS: Engineering Review Section has completed the review of the final plat of "Golden Gate Fire Station #72" This document is in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. There are no subdivision related improvements associated with this plat. Engineering Review Section recommends that the final plat of "Golden Gate Fire Station #72" be approved for recording. FISCAL IMPACT: The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $450.00 Plat Review Fees GROWTH MANA~EMENT ~MPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: There are no environmental issues JAN 2003 Executive Summary Golde~ Gate Fire Station #72 Page 2 HISTORICAL / ARCHEOLO~ICAL archeological issues ISSUES: There are no historical or EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Golden Gate Fire Station #72" with the following stipulations: 1. Authorize the recording of the Final Plat of "Golden Gate Fire Station #72." PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Eng'ineering Review D'irector / Count:¥ Eng±neer Date APPROVED BY: SVCS. JAN 1 2003 .,. ]- EXECUTIVE SUMMARY Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2001- 016 styled Board of County Commissioners Collier County, Flodda vs. Victor A. Hansen regarding violation of Ordinance 91-102 as amended of Sections 2.7.6.1, 2.7.6.5 and 2.6.11.2.2 of the Collier County Land Development Code. OB,IECTIVE: To approve and authorize the Satisfaction of Lien in Code Enforcement Board Case No. 2001-016 styled Board of County Commissioners Collier County, Florida vs. Victor A. Hansen. CONSIDERATION: On March 22, 2001 a public hearing was heard before the Code Enforcement Board regarding violation of Ordinance No. 91-102 as amended of Section 2.7.6.1, 2.7.6.5 and 2.6.11.2.2 of the Collier County Land Development Code. An Order Imposing Costs/Lien in the amount of Three Hundred Eighty Eight Dollars and Ninety Four Cents ($388.94) for the operational costs incurred in this case. Said Lien was recorded in Official Record Book 2836 Pages 2465, et.seq., in the Public Records of Collier County Florida. An Affidavit of Compliance has been filed bearing the date of April 6, 2001 indicating compliance with the Order of the Code Enforcement Board. On December 3, 2002 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. FISCAL IMPACT: The fiscal impact related to recording in the amount of Seven Dollars ($7.00). This cost will be paid ~y Code Enforcement 111-138911-649030. JAN 1 2003 GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Satisfaction of Lien in the above referenced cause and authorize its execution and recordation in the Public Records of Collier County, Florida. PREPARED BY: _9,y~ Date: Shanelle Hilton ~/~.. .... ..~ /~x~ .... -'- Date: Janet Powers, Operations Manager (~~~" 4-Date: Michelle Arnold, Code Enforcement Director REVIEWED BY: SUBMITTED BY: APPROVED BY: ~~-~,~~ yeph K. Schmitt, Administrator Date: JAN 1~ 2003 This insu'ument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2~40 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Three Hundred Eighty Eight Dollars and Ninety Four Cents ($388.94), arising out of the Code Enforcement Board Order Imposing Costs/Lien dated June 1 2001, recorded in O.R. Book 2836, Pages 2465, et. seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which is owned by Victor A. Hansen has been satisfied in full. Lot 28, Block 8, Naples Park, Unit No. 1, according to the plat thereof, as recorded in Plat Book 1, Page 106, of the Public Records of Collier County, Florida Folio No. 62415680008 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Victor A. Hansen and consents to this lien being discharged of record. Dated this day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: Chairman Approved as to form And legal sufficiency: Ellen T. Chadwell Assistant County Attorney JAN 1 2003 EXECUTIVE SUMMARY Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2002- 016 styled Board of County Commissioners Collier County, Florida vs. Kathleen Sadlacek regarding violation of Ordinance No. 91-102 as amended of Section 3.9.6.9.4 (1,2 & 3) of Ordinance No. 91-102 of the Collier County Land Development Code. OBJECTIVE: To approve and authorize the Satisfaction of Lien in Code Enforcement Board Case No. 2002-016 styled Board of County Commissioners Collier County, Florida vs. Kathleen Sadlacek. CONSIDERATION: On June 27, 2002 a public hearing was heard before the Code Enforcement Board regarding violation of Ordinance No. 91-102, as amended of Section 3.9.6.9.4 (1, 2 & 3) of the Collier County Land Development Code. An Order Imposing Fines/Costs/Lien in the amount of One Thousand Four Hundred Fifty Five Dollars and Seventy Cents ($1,455.70) for the operational costs incurred in this case. Said Lien was recorded in Official Record Book 3099 Pages 3480, et.seq., and Official Record Book 3125, Pages 2346, et.seq., and re-recorded at O.R. Book 3125, Pages 2440, et. seq., in the Public Records of Collier County Florida. An Affidavit of Compliance has been filed bearing the date of August 27, 2002 indicating compliance with the Order of the Code Enforcement Board. On November 20, 2002 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. FISCAL IMPACT: The fiscal impact related to recording in the amount of Seven Dollars ($7.00). This cost will be paid by Code Enforcement 111-138911-649030. JAN 1 2003 GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Satisfaction of Lien in the above referenced cause and authorize its execution and recordation in the Public Records of Collier County, Florida. PREPARED BY: REVIEWED BY: Shanelle Hilton /----5 t._..~ ~--,--~ , .......... -, Date: Jan~ Powers, Operations Manager Michelle Arnold, Code E}),forcement Director APPROVED BY:/~-.~/f"~,~ Date:/~///?/ ()6seph K. Schmitt, Adminis ra or JAN 1~ 2003 ,,2. This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2440 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of One Thousand Four Hundred Fifty Five Dollars and Seventy Cents ($1,455.70), arising out of the Code Enforcement Board Order Imposing Fines/Costs/Lien dated October 2 2002, recorded in O.R. Book 3125, Pages 2346, et. seq., and re-recorded at OR Book 3125, Pages 2440, et. seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which is owned by Kathleen G. Sadlacek has been satisfied in full. East 75 feet of the East 150 feet of Tract No. 95, Golden Gate Estates, Unit No. 7, according to the Plat thereof, as recorded in Plat Book 4, Pages 95 and 96, of the Public Records of Collier County, Florida and the West 165 feet of Unit No. 7, Tract No. 96, Golden Gate Estates, less North 15 feet of the South 65 feet of the East 75 feet of Tract 95 according to the Plat thereof as recorded in the Public Records of Collier County, Florida Folio No. 36916040005 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Kathleen G. Sadlacek and consents to this lien being discharged of record. Dated this day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLI.IER COUNTY, FLORIDA , Deputy Clerk Approved as to form , ~nd legal sufficiency: Ellen T. Chadwell Assistant County Attorney By: Chairman JAN l t~ 2003 EXECUTIVE SUMMARY Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2002- 017 styled Board of County Commissioners Collier County, Florida vs. Jeffrey A. Dorini rega~ing violation of Sections 2.7.6.1 and 2.7.6.5 of Ordinance No. 91- 102, as amended of the Collier County Land Development Code. OBJECTIVE: To approve and authorize the Satisfaction of Lien in Code Enforcement Board Case No. 2002-017 styled Board of County Commissioners Collier County, Florida vs. Jeffrey A. Dorini. CONSIDERATION: On July 25, 2002 a public hearing was heard before the Code Enforcement Board regarding violation of Section 2.7.6.1 and 2.7.6.5 of Ordinance No. 91-102, as amended, of the Collier County Land Development Code. An Order Imposing Fines/Lien in the amount of One Thousand and Fifteen Dollas and Five Cents ($1015.05) for the operational costs incurred in this case. Said Lien was recorded in Official Record Book 3145 Pages 0862, et.seq., in the Public Records of Collier County Florida. An Affidavit of Compliance has been filed bearing the date of September 27, 2002 indicating compliance with the Order of the Code Enforcement Board. On November 20, 2002 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. FISCAL IMPACT: The fiscal impact rek ted to recording in the amount of Ten Dollars and Fifty Cents ($10.50). This cost will be paid by Code Enforcement 111-138911- 649030. JAN 1 t~ 2003 n. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Satisfaction of Lien in the above referenced cause and authorize its execution and recordation in the Public Records of Collier County, Florida. PREPARED BY: .(p '"~"'"-" Shanelle Hilton REVIEWED BY: ; ,_~__', r ~ Jane4 P. pwers, Operations Manager SUBMITTED BY: ~('~ ~--------*'~-- ~ APPROVED BY: Date: Date: Michelle Arnold, Code~ forcement Director eph K. Schmitt, Administrator JAN 1 ~ 2003 ., 2. This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2440 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of One Thousand Fifteen Dollars and Five Cents ($1,015.05), arising out of the Code Enforcement Board Order Imposing Fines/Lien dated October 30 2002, recorded in O.R. Book 3145, Pages 0862, et. seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which is owned by Jeffrey A. Dorini has been satisfied in full. Parcel 64 (specifically described in attached Exhibit A) in COCONUT RIVER UNIT NO. 1, as shown in Plat Book 3, Page 58, of the Public Records of Collier County, Florida Folio No. 26732680002 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Jeffrey A. Dorini and consents to this lien being discharged of record. Dated this day of ,2003. ATYEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COl .1 .~R COUNTY, FLORDA , Deputy Clerk By: Chairman Approved as to form __ Ellen T. Chadwell Assistant County Attorney JAN 1 ~ 2003 ~., .,-~ ENGINEERS. PLA~NF.~S AHD LAND SUR~.~'OP3 PAGE · Dmscription of part of Lot ~, part of Lot ·nd pert of Lot /16 of Coconut.River Unit Ilo. (P.B. 3, p. 58) Collier County, Florida for l~nchaster Investments, Inc. ~amemaacin~ ~t the Hortheast Corner of Section 35, Tc~mship ~9 South, Range 25 East:, Collier County, Florida; thence along the East line of sa~d Section :35, South 0'-~2~-O5'' East 180.00 thence .South 89°-~1'-20'* ~/est 1330.OO feet to the Northeast Corner of Lot 36 of coconut River Unit No. I according to the plat'thereof ms recorded in Plat Book 3, page 58, Collier County Public Records. Collier Count~, Florida; · . the. nee continuing South 8~°-~t1'-20'' Uesz 127~.59 feet for the PLACE OF BE~I~I~ilHG of the Parcel-herein described; thence South D°-!8"-~O~" East 120.00 fee~; thence South 89°-~1~-20'~ ~rest 25.3Z~ feet; thenGe South 8~-zl8'-20'~ ~/est 6~.~0 feet; thence Horth O~-11'-~40' ~est 120.00 ~eet; thence North 89~:i~8~-20*" East G~.SO feet; thence North 83°-~11~-20' East 25.~C) ~eet to the Plac~ of Beginning; .belhg a part of [~-t LI§, a p@rt o~ Lot ~ a~d ~ pa~t of said Coconut River Unit Ho. 1, ~o]l[er County, Sub,act to ~s~nts and restrictions o~ r~cord. Ref: 5C-I~ P.L.S. Sept. 12, 1973 '¥/t~"'!, P.E, P.LS · R.W. I,~ILLER.. P.F_ * W. L BAI:~I"C.~. '?.-:_. o C.H. SOLL, P.LS. j~U..U)II4G~.~I-~irJlr~IAVE.%IUE, 5CLRJTH - P.O BOX 1~65 ° NAr~-ES-FLCRIOA 33-=';-~ ' ]:~L-'.;~CN-:5: :-~::,','-',:-'F 2";3~5 JAN EXECUTIVE SUMMARY CODE ENFORCEMENT LIEN RESOLUTION APPROVALS OBJECTIVE: For the Board of County Commissioners to adopt separate Resolutions assessing separate liens against certain parcels identified in the Resolutions in order to recover public funds expended to affect the abatement of public nuisances at such locations, all as provided for in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the Collier County Litter, Weed and Exotics Control Ordinance. CONSIDERATIONS: Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, mandates the Board to impose a lien against property When an invoice to recover public funds expended to affect the abatement of a public nuisance is not paid at the expiration of twenty (20) days of the date of the notice. The following property owner's have not remitted the invoiced amounts. Case No. Owner of Record Case Summary Lien Amount -- a. Violation determined 10/03/02 b. Notice of Violation served n/a 2002100115 All Brothers Painting, Inc. c.Notice of Violation Posted 10/03/02 $255.00 d.Unabated nuisance verified 10/14/02 e.Nuisance abated with public funds 10/19/02 f. Owner invoiced for costs 10/28/02 a. Violation determined 08/05/02 b.Notice of Violation served n/a 2002080126 Batson, Murray c.Notice of Violation Posted 08/06/02 $255.00 d. Unabated nuisance verified 08/18/02 e. Nuisance abated with public funds 09/24/02 f. Owner invoiced for costs 10/01/02 a. Violation determined 08/29/02 b. Notice of Violation served n/a 2002081007 Bottino, Alfonse & Greta c.Notice of Violation Posted 08/29/02 $5,100.00 d. Unabated nuisance verified 09/09/02 e.Nuisance abated with public funds 10/20/02 f. Owner invoiced for costs 10/30/02 JAN 1 2003 a. Violation determined 09/09/02 b. Notice of Violation served 09/29/02 2002090181 Bottino, Alfonse & Greta c.Notice of Violation Posted 09/30/02 $980.00 &Unabated nuisance verified 10/02/02 e.Nuisance abated with public funds 10/20/02 f. Owner invoiced for costs 10/30/02 a. Violation determined 09/09/02 b. Notice of Violation served 09/23/02 2002090178 Bottino, Alfonse & Greta c.Notice of Violation Posted 09/30/02 $400.00 &Unabated nuisance verified 10/02/02 e. Nuisance abated with public funds 10/20/02 f. Owner invoiced for costs 10/30/02 a. Violation determined 05/01/01 b.Notice of Violation served 05/05/01 2001050102 Buitrago, Alvaro & c.Notice of Violation Posted n/a $255.00 Veronica S. al.Unabated nuisance verified 05/23/01 e. Nuisance abated with public funds 05/28/01 f. Owner invoiced for costs 06/25/01 a. Violation determined 08/15/02 b. Notice of Violation served undeliverable 2002080551 Catete, Jose L. & Lucila c.Notice of Violation Posted 08/22/02 $270.00 d. Unabated nuisance verified 09/12/02 e.Nuisance abated with public funds 10/01/02 f. Owner invoiced for costs 10/03/02 a. Violation determined 08/01/02 b. Notice of Violation served 08/12/02 2002080233 Dery, Norman J. & c.Notice of Violation Posted n/a $255.00 Bonny E. d. Unabated nuisance verified 09/23/02 e.Nuisance abated with public funds 09/30/02 f. Owner invoiced for costs 10/04/02 a. Violation determined 07/15/02 b.Notice of Violation served no green card 2002070425 Grimes, Joe A. & c.Notice of Violation Posted 08/06/02 $420.00 Marjorie E. &Unabated nuisance verified 08/18/02 e.Nuisance abated with public funds 09/24/02 f. Owner invoiced for costs 10/01/02 a. Violation determined 09/16/02 b. Notice of Violation served n/a 2002090397 Kish, Russell B & Lynn M. c. Notice of Violation Posted 09/17/02 $255.00 d. Unabated nuisance verified 09/27/02 e.Nuisance abated with public funds 10/01/02 f. Owner invoiced for costs 10/08/02 JAN 1 2003 a. Violation determined 09/16/02 b. Notice of Violation served n/a 2002090399 Walker, Brent C. & c.Notice of Violation Posted 09/17/02 $255.00 Cynthia A. d. Unabated nuisance verified 09/27/02 e. Nuisance abated with public funds 10/01/02 f. Owner invoiced for costs 10/03/02 a. Violation determined 07/30/02 b. Notice of Violation served unclaimed 2002080017 Walters, T. Lee, & William c. Notice of Violation Posted 08/22/02 $255.00 L. d. Unabated nuisance verified 09/03/02 e.Nuisance abated with public funds 10/01/02 f. Owner invoiced for costs 10/07/01 a. Violation determined 09/16/02 b. Notice of Violation served fda 2002090408 Bower, Ruth c.Notice of Violation Posted 09/17/02 $255.00 &Unabated nuisance verified 09/27/02 e. Nuisance abated with public funds 10/03/02 f. Owner invoiced for costs 10/24/02 Upon the Board's adoption of the Resolutions, copies of such and the Legal Notices of Assessment will be mailed to the respective property owners. If the property owners fail to pay the amounts specified in the respective Resolutions within twenty (20) days hereof, the Clerk to the Board will record the Resolutions in the official records of the County. FISCAL IMPACT: A total reimbursement of $9,210.00 may be anticipated by voluntary action or foreclosure. The only expense projected to be incurred by the County is the cost of recording the Liens, which is estimated to be approximately $12.50 per lien, totaling $162.50} which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolutions. PREPARED BY: Iliana Martinez, Customer Service Speciali~ Code Enforcement JAN 1 ~ 2003 REVIEWED BY: Janet Powers, Operations Manager Code Enforcement SLrBMITFED BY: DATE: Michelle Edwards Arnold, Director Code Enforcement APPROVED BY: /os~)/ph K. scl(mitt, Adminis(rator nmunity Development & Environmental Services DATE: DATE:/.z/~//'~--- JAN 1 q 2003 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN ALL BROTHERS PAINTING, INC. DATE: 3500 FAIRLANE FARMS RD STE 11 WEKKUBGTIB, FL 33414 REF. INV.# 2216 FOLIO #: 1210080000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 1, of the unrecorded plat of PLANTATION ISLAND MOBILE HOME SITES, Unit No. 3, located in Section 24, Township 53 South. Range 29 East, Tallahassee Meridian, Collier County, Florida. From the Northwest corner of said Section 24 South, 87° 32'20" East, along the North line of said Section 24, for 467.98 feet; thence South 20 27' 40" West 210 feet; thence South 87° 32' 20" East, 1.608.08 feet; thence North 2° 27' 40" East 60.04 feet to the Point of Beginning: Thence North 87° 32'20" West 73.80 feet; thence North 2° 27'40" East 100 feet; thence South 87° 32'20" East 45.93 feet to the Point of Curvature; thence along the arc of a curve concave to the Southwest 38.32 feet having a radius of 25 feet angle of 90 degrees; thence South 0° 17' 0" West 76 feet to the Point of Beginning. You. as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot l, and constituted a violation of county regulations on October 14, 2002, and ordered the abatement of a certain nuisance existing on the above property prohibited bv Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED FIFTY-FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR L,NAL JAN 1 2003 I RESOLUTION NO. 2003- 2 3 A RESOLLrrlON OF THE BOARD OF COUNTY 4 COMMISSIONERS PROVIDING FOR THE 5 ASSESSMENT OF LIEN FOR THE COST OF THE 6 ABATEMENT OF PUBLIC NUISANCE, IN 7 ACCORDANCE WITH ORDINANCE No. 99-51, AS 8 SUCCESSOR TO ORDINANCE No. 91-4'/, AS 9 AMENDED 10 11 WHEREAS, as provided in Ordinance No. 99-51· as successor to Ordinance No. 91-47, as 12 amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred 13 by the County, shall he assessed against such property; and 14 15 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to 16 the Board of County Commissioners, together with a description of said parcel; and 17 18 WHEREAS, such assessment shall be a legal· valid and binding obligation upon the property 19 against which made until paid; and 20 21 WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the 22 date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date 23 this Resolution is recorded at the rate of twelve percent (12%) per annum. 24 25 NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 26 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) I of the property described as follows, 27 having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is 28 hereby assessed the following costs of such abatement, to wit: 29 30 NAME: ALL BROTHERS PAINTING. INC. 31 32 LEGAL DESCRIPTION: Lot 1, of the unrecorded plat of PLANTATION ISLAND MOBILE HOME 33 SITES, Unit No. 3, located in Section 24, Township 53 South. Range 29 East, Tallahassee Meridian, 34 Collier County, Florida. From the Northwest corner of said Section 24 South, 87° 32'20" East, along the 35 North line of said Section 24, for 467.98 feet: thence South 2° 27' 40" West 210 feet; thence South 87° 32' 36 20" East, 1.608.08 feet; thence North 2° 27' 40" East 60.04 feet to the Point of Beginning: Thence North 37 87° 32'20" West 73.80 feet; thence North 2° 27'40" East I00 feet; thence South 87° 32'20" East 45.93 feet 38 to the Point of Curvature; thence along the arc of a curve concave to the Southwest 38.32 feet having a 39 radius of 25 feet angle of 90 degrees; thence South 0° 17' 0" West 76 feet to the Point of Beginning. 40 41 COST: $255.00 REFERENCE#: 2216 FOLIO #: 1210080000 42 43 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along with the Notice of 44 Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of 45 mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of 46 Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien 47 against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other 48 real and/or personal property owned by the noted property owner(s) in Collier County. 49 50 This Resolution passed and duly adopted by the Board of County Commissioners of Collier 51 County. Florida, this __ day of __ 2003. 52 53 54 55 56 BY: 57 58 59 60 61 62 63 64 65 66 ATTEST: DWIGHT E. BROCK, Clerk BY: Deputy Clerk Approved as to form and legal sufficiency: ~.~.~ Thomas C. Palmer, Assistant County Attorney F: LIEN/MS'IR RESOLUTION BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA · Chairman JAN 1 2003 BOARD OF COUNTY COM1VHSSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN BATSON, MURRAY DATE: PO BOX 7702 NAPLES, FL 34101 REF. INV.# 2190 FOLIO #: 26830240001 LIEN NUMBER: LEGAL DESCRIPTION,: Lot 9, COL-LEE-CO GARDENS, per plat recorded in Plat Book 1, Page 30, Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 9, and constituted a violation of county regulations on August 18, 2002, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED FIFTY-FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN ALIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: Ll]~lS/MSTR I.~4AL JAN 1 6 2003 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 4~ ~2 43 46 47 48 49 5O 51 52 53 5~ 55 56 57 58 59 RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost 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 description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) 9, of the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: BATSON, MURRAY LEGAL DESCRIPTION: Lot 9, COL-LEE-CO GARDENS, per plat recorded in Plat Book 1, Page 30, Public Records of Collier County, Florida COST: $255.00 REFERENCE#: 2190 FOLIO #: 26830240001 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and legal sufficiency: Thomas C.¥almer, Assistant County Attorney F: LIEN/MSTR RESOLUTION · Chairman JAN 1 2003 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN BOTYINO, ALFONSE & GRETA DATE: 1646 1sa` AVE APT 18G NEW YORK, NY 10028-4634 REF. INV.# 2220 FOLIO #: 29875100006 LIEN NUMBER: LEGAL DESCRIPTION: The Southeast quarter (SE ~A) of the Southeast Quarter (SE tA) of Section 15, Township 51 South:, Range 26 East, Collier County, Florida, less the following described property: All of Woodlake Condominium, a condominium according to the Declaration of Condominium as recorded in Official Records Book 1150, Pages 1901 through 1965 of the Public Records of Collier County, Florida. And less the following described property: All that part of Tract "A" of Woodlake subdivision, Plat Book 13, pages 117 through 118, Collier County, Florida, being more particularly described as follows: Commencing at the northwest corner of the southeast IA of the Southeast ~A of Section 15, Township 51 South, Range 26 East, Collier Count)', Florida; thence along the west line of said Woodlake subdivision South 00° 21'02" West 747.05 feet to the Point of Beginning of the parcel herein described: Thence leaving said line South 88° 56'57" East 30.00 feet; thence North 00° 21'01" East 70.00 feet; thence South 88° 56'57" East 245.07 fcet to a point on a utility easement as sho~n on the plat of said Woodlake Subdivision: Thence along said utility easement for the following twelve courses: 1) North 01° 03'03" East 15.01 feet: 2) North 86° 53'04" East 3.00 feet; 3) North 03° 06'56" West 150.18 feet; 4) North 88° 56'57" West 16.77 feet: 5) North 01° 03'03" East 20.00 feet; 6) North 88° 56'57" West 188.68feet; 7) North 01° 03'03" East 10.00 feet; 8) South 88° 56'57" East 200.25 feet; 9) North 03° 06'56" West 35.00 feet: 10) North 86° 53'04" East 3.00 feet; 11) North 03° 06'56" West 21.12 feet; 12) Northeasterly 72.37 feet along the are of a tangential circular curve concave southeasterly, having a radius of 320.00 feet through a central angle of 12° 57'26" and being subtended by a chord which bears North 03° 21'46" East for 72.21 feet; Thence South 80° 09'30" East 65.00 feet to a point on a lake as shown on the plat of said Woodlake subdivision; thence along said Lake for the following ten courses: 1) Southeasterly 95.29 feet along the area of a non.tangential circular curve concave northeasterly, having a radius of 45.00 feet through a central angle of 121° 19'37" and being subtended by a chord which bears South 50° 49'13" East for 78.46 feet; 2) Southeasterly 181.06 feet along the area of a tangential circular curve concave southerly, having a radius of 200.00 feet through a central angle of 51° 52'11" and being subtended by a chord which bears South 85° 32'56" East for 174.94 feet: 3) Southeasterly 43.05 feet along the area of a tangential circular curve concave southwesterly, having a radius of 50.00 feet through a central ~::g'_= =_~ ~0° ?n,flfl,, being subtended by a chord which bears South 34° 56'53" Easlfor 41.~A~J~. I 4) South 10° 16'56" East 104.22 feet; I .- JAN 1 2003 F: LIENS/MSTR LNAL ~.~~ 5) Southeasterly 78.38 feet along the area of a tangential circular curve concave westerly, having a radius of 300.00 feet through a central angle of 14° 58'11" and being subtended by a chord ~vhich bears South 02° 47'50" East for 78.16 feet; 6) South 04° 41'15" West 139.71 feet; 7) Southwesterly 74.76 feet along the area of a tangential circular curve concave northwesterly having a radius of 50.00 feet through a central angle of 85° 39'46" and being subtended by a chord which bears South 47° 30'58" West for 67.99 feet; 8) North 89° 38'58" West 256.81 feet; 9) North 85° 09'10" West 56.51 feet; 10) North 88° 56'57"West 241.51 feet to a point of on the west line of said Woodlake subdivision; thence along said west line of Woodlake subdivision North 00° 21'02" East 75.00 feet to the Point of Beginning of the parcel herein described; subject to easements and restrictions of record. Bearings are based on the west line of Woodlake subdivision being South 00° 21'02" West. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed, and constituted a violation of county regulations on September 09, 2002, and ordered the abatement of a certain nuisance existing on thc above property prohibited by Ordinance No. 99-51~ as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACC[31ULATION OF WEEDS, GRASS, OR O'qERGRO~/TH IN EXCESS OF EIGHTEEN (18) INCHES. OTHER NON-PROTECTED You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FOUR THOUSAND NINE-HUNDRED ($4,900.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of FIVE THOUSAND ONE- HL~DRED ($5,100.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR LIqAL JAN 1 q 2003 .,.JO 1 2 3 4 5 6 7 8 9 1o 11 12 13 14 15 16 17 19 2o 2! 22 23 24 25 26 27 28 29 30 31 ~4 36 3'7, 38 39 40 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost 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 description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COLFNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: BOTTINO, ALFONSE & GRETA LEGAL DESCRIPTION: The Southeast quarter (SE %) of the Southeast Quarter (SE %) of Section 15, Township 51 South:, Range 26 East, Collier County, Florida, less the following described property: Ail of Woodlake Condominium, a condominium according to the Declaration of Condominium as recorded in Official Records Book 1150, Pages 1901 through 1965 of the Public Records of Collier County, Florida. And less the following described property: All that part of Tract "A" of Woodlake subdivision, Plat Book 13, pages 117 through 118, Collier County, Florida, being more particularly described as follows: Commencing at the northwest corner of the southeast % of the Southeast % of Section 15, Township 51 South, Range 26 East, Collier County, Florida; thence along the west line of said Woodlake subdivision South 00° 21'02" West 747.05 feet to the Point of Beginning of the parcel herein described: Thence leaving said line South 88° 56'57" East 30.00 feet; thence North 00° 21'01" East 70.00 feet; thence South 88° 56'57" East 245.07 feet to a point on a utility easement as shown on the plat of said Woodlake Subdivision: Thence along said utility easement for the following twelve courses: 1) North 01° 03'03" East 15.01 feet; 2) North 86° 53'04" East 3.00 feet; 3) North 03° 06'56" West 150.18 feet; 4) North 88° 56'57" West 16.77 feet; 5) North 01° 03'03" East 20.00 feet; 6) North 88° 56'57" West 188.68feet; 7) North 01° 03'03" East 10.00 feet; 8) South88°56'57'' East 200.25 feet; i~[O.~AI'I~[iM~~(~_~ 9) North 03° 06'56" West 35.00 feet; 10) North 86° 53'04" East 3.00 feet; 11) North 03° 06'56" West 21.12 feet; JAN 1 2003 F: LIEN/MSTR RESOLUTION 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 48 49 50 51 52 53 54 55 56 57 58 12) Northeasterly 72.37 feet along the are of a tangential circular curve concave southeasterly, having a radius of 320.00 feet through a central angle of 12° 57'26" and being subtended by a chord which bears North 03° 21'46" East for 72.21 feet; Thence South 80° 09'30" East 65.00 feet to a point on a lake as shown on the plat of said Woodlake subdivision; thence along said Lake for the following ten courses: 1) Southeasterly 95.29 feet along the area of a non-tangential circular curve concave northeasterly, having a radius of 45.00 feet through a central angle of 121° 19'37" and being subtended by a chord which bears South 50° 49'13" East for 78.46 feet; 2) Southeasterly 181.06 feet along the area of a tangential circular curve concave southerly, having a radius of 200.00 feet through a central angle of 51° 52'11" and being subtended by a chord which bears South 85° 32'56" East for 174.94 feet: Southeasterly 43.05 feet along the area of a tangential circular curve concave southwesterly, having a radius of 50.00 feet through a central angle of 49° 20'00" and being subtended by a chord which bears South 34° 56'53" East for 41.73 feet. South 10° 16'56" East 104.22 feet; Southeasterly 78.38 feet along the area of a tangential circular curve concave westerly, having a radius of 300.00 feet through a central angle of 14° 58'11" and being subtended by a chord which bears South 02° 47'50" East for 78.16 feet; South 04° 41'15" West 139.71 feet; Southwesterly 74.76 feet along the area of a tangential circular curve concave northwesterly having a radius of 50.00 feet through a central angle of 85° 39'46" and being subtended by a chord which bears South 47° 30'58" West for 67.99 feet; 8) North 89° 38'58" West 256.81 feet; 9) North 85° 09'10" West 56.51 feet; 10) North 88° 56'57'West 241.51 feet to a point of on the west line of said Woodlake subdivision; thence along said west line of Woodlake subdivision North 00° 21'02" East 75.00 feet to the Point of Beginning of the parcel herein described; subject to easements and restrictions of record. Bearings are based on the west line of Woodlake subdivision being South 00° 21'02" West. 3) 4) 5) 6) 7) COST: $5,100.00 REFERENCE#: 2220 FOLIO #: 29875100006 The Clerk shall (by refuter L;.S. mail) mail a copy' of this Resolution along with the Notice of Assessment of Lien to the o~sncrt, s) of the above-described property. If within twenty (20) days of the date of mailing that cop). the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County. and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and~or personal property owned by the noted property owner(s) in Collier Count>'. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and sufficiency: Thomas C sst · , ' t county Attorney · Chairman F: LIEN/MSTR RESOLUTION JAN 1 2003 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN BOTTINO, ALFONSE & GRETA 1646 1gr AVE APT 18G NEW YORK, NY 10028-4634 DATE: REF. INV.# 2219 FOLIO #: 82990121004 LIEN NUMBER: LEGAL DESCRIPTION: All that part of Tract "A" of Woodlake subdivision, Plat Book 13, pages 117 through 118, Collier County, Florida, being more particularly described as follows: Commencing at the northwest corner of the southeast % of the Southeast % of Section 15, Township 51 South, Range 26 East, Collier County, Florida; thence along the west line of said Woodlake subdivision South 00° 21'02" West 747.05 feet to the Point of Beginning of the parcel herein described: Thence leaving said line South 88° 56'57" East 30.00 feet; thence North 00° 21'01" East 70.00 feet; thence South 88° 56'57" East 245.07 feet to a point on a utility easement as shown on the plat of said Woodlake Subdivision: Thence along said utility easement for the following twelve courses: 1) North 01° 03'03" East 15.01 feet; 2) North 86° 53'04" East 3.00 feet; 3) North 03° 06'56" West 150.18 feet; 4) North 88° 56'57" West 16.77 feet; 5) North 01° 03'03" East 20.00 feet; 6) North 88° 56'57" West 188.68feet; 7) North 01° 03'0Y' East 10.00 feet; 8) South 88° 56'57" East 200.25 feet: 9) North 03° 06'56" West 35.00 feet; I0) North 86° 53'04" East 3.00 feet; 11) North 03° 06'56" West 21.12 feet; 12) Northeasterly 72.37 feet along the are of a tangential circular curve concave southeasterly, having a radius of 320.00 feet through a central angle of 12° 57'26" and being subtended by a chord which bears North 030 21'46" East for 72.21 feet; Thence South 80° 09'30" East 65.00 feet to a point on a lake as shown on the plat of said Woodlake subdivision; thence along said Lake for the following ten courses: 6) 7) 8) 9) 1) Southeasterly 95.29 feet along the area of a non-tangential circular curve concave northeasterly, having a radius of 45.00 feet through a central angle of 121° 19'37" and being subtended by a chord which bears South 50° 49'1Y' East for 78.46 feet; 2) Southeasterly 181.06 feet along the area of a tangential circular curve concave southerly, having a radius of 200.00 feet through a central angle of 51° 52'11" and being subtended by a chord which bears South 85° 32'56" East for 174.94 feet: 3) Southeasterly 43.05 feet along the area of a tangential circular curve concave southwesterly, having a radius of 50.00 feet through a central angle of 49° 20'00" and being subtended by a chord which bears South 34° 56'53" East for 41.73 feet. 4) South 10° 16'56" East 104.22 feet; 5) Southeasterly 78.38 feet along the area of a tangential circular curve concave westerly, having a radius of 300.00 feet through a central angle of 14° 58'11" and being subtended by a chord which bears South 02° 47'50" East for 78.16 feet; South 04° 41'15" West 139.71 feet; Southwesterly 74.76 feet along the area of a tangential c northwesterly having a radius of 50.00 feet through a central: being subtended by a chord which bears South 47° 30'58" We., North 89O 38'58" West 256.81 feet; North 85° 09'10" West 56.51 feet; LIENS/MSTR LNAL rculalA~Nl~ve ngle I~tk85° 39'46" and /i for 67.99 t'eet; JAN lq 2003 10) North 88° 56'57"West 241.51 feet to a point of on the west line of said Woodlake subdivision; thence along said west line of Woodlake subdivision North 00° 21'02" East 75.00 feet to the Point of Beginning of the parcel herein described; subject to easements and restrictions of record. Bearings are based on the west line of Woodlake subdivision being South 00° 21'02" West. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Properly Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed, and constituted a violation of county regulations on September 09, 2002, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCLrMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. LITTER: PROHIBITED DUMPING, ACCUMULATION, STORAGE OR BURIAL OF LITTER, WASTE OR ABANDONED PROPERTY You ha~e failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of SEVEN-HUNDRED EIGHTY ($780.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of NINE-HUNDRED EIGHTY ($980.00) DOLLARS. Such cost. by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on >'our property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOLINT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR t. NAL JAN 1 2003 1 2 3 4 6 7 8 9 1o 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 30 37 38 39 40 41 42 43 45 46 47 48 49 50 51 52 54 55 56 57 58 59 RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost 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 description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following, costs of such abatement, to wit: NAME: BOTT1NO, ALFONSE & GRETA LEGAL DESCRIPTION: All that part of Tract "A" of Woodlake subdivision, Plat Book 13, pages 117 through 118, Collier County, Florida, being more particularly described as follows: Commencing at the northwest corner of the southeast % of the Southeast % of Section 15, Township 51 South, Range 26 East, Collier County, Florida; thence along the west line of said Woodlake subdivision South 00° 21'02" West 747.05 feet to the Point of Beginning of the parcel herein described: Thence leaving said line South 88° 56'57" East 30.00 feet; thence North 00° 21'01" East 70.00 feet; thence South 88° 56'57" East 245.07 feet to a point on a utility easement as shown on the plat of said Woodlake Subdivision: Thence along said utility easement for the following twelve courses: 1) North 01° 03'0Y' East 15.01 feet; 2) North 86° 53'04" East 3.00 feet; 3) North 03° 06'56" West 150.18 feet; 4) North 88° 56'57" West 16.77 feet; 5) North 01° 03'03" East 20.00 feet; 6) North 88° 56'57" West 188.68feet; 7) North 01° 03'03" East 10.00 feet; 8) South 88° 56'57" East 200.25 feet; 9) North 03° ~)6'56" West 35.00 feet; 10) North 86° 53'04" East 3.00 feet; 11) North 03° 06'56" West 21.12 feet; 12) Northeasterly 72.37 feet along the are of a tangential circular curve concave southeasterly, having a radius of 320.00 feet through a central angle of 12° 57'26" and being subtended by a chord which bears North 03° 21'46" East for 72.21 feet; Thence South 80° 09'30" East 65.00 feet to a point on a lake as s! Woodlake subdivision; thence along said Lake for the following tg F: LIEN/MSTR RE.SOLUTION own JAN 2003 1 2 3 4 5 6 7 8 9 lO 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3t 32 33 35 36 3'7 38 39 40 41 42 43 46 47 48 49 50 1) Southeasterly 95.29 feet along the area of a non-tangential circular curve concave northeasterly, having a radius of 45.00 feet through a central angle of 121° 19'37" and being subtended by a chord which bears South 50° 49'1Y' East for 78.46 feet; 2) Southeasterly 181.06 feet along the area of a tangential circular curve concave southerly, having a radius of 200.00 feet through a central angle of 51° 52'11" and being subtended by a chord which bears South 85° 32'56" East for 174.94 feet: 3) Southeasterly 43.05 feet along the area of a tangential circular curve concave southwesterly, having a radius of 50.00 feet through a central angle of 49° 20'00" and being subtended by a chord which bears South 34° 56'53" East for 41.73 feet. 4) South 10° 16'56" East 104.22 feet; 5) Southeasterly 78.38 feet along the area of a tangential circular curve concave westerly, having a radius of 300.00 feet through a central angle of 14° 58'11" and being subtended by a chord which bears South 02° 47'50" East for 78.16 feet; 6) South 04° 41'15" West 139.71 feet; 7) Southwesterly 74.76 feet along the area of a tangential circular curve concave northwesterly having a radius of 50.00 feet through a central angle of 85° 39'46" and being subtended by a chord which bears South 47° 30'58" West for 67.99 feet; 8) North 89° 38'58" West 256.81 feet; 9) North 85° 09'10" West 56.51 feet; 10) North 88° 56'57"West 241.51 feet to a point of on the west line of said Woodlake subdivision; thence along said west line of Woodlake subdivision North 00° 21'02" East 75.00 feet to the Point of Beginning of the parcel herein described; subject to easements and restrictions of record. Bearings are based on the west line of Woodlake subdivision being South 00° 21'02" West. COST: $980.00 REFERENCE#: 2219 FOLIO #: 82990121004 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Re'solution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and'or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this day of 2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORDA BY: BY: Deputy Clerk Approved as to form and legal sufficiency: 0~ { Thomas . jAssi~[ant County Attorney , Chairman F: LIEN/MSTR RF. SOLUT[ON JAN 2003 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN BOTTINO, ALFONSE & GRETA 1646 1sx AVE APT 18G NEW YORK, NY 10028-4634 DATE: REF. INV.# 2218 FOLIO #: 82990120005 LIEN NUMBER: LEGAL DESCRIPTION: Ali that part of Tract "A" of Woodlake subdivision, Plat Book 13, pages 117 through 118, Collier County, Florida, being more particularly described as follows: Commencing at the northwest corner of the southeast ~A of the Southeast IA of Section 15, Township 51 South, Range 26 East, Collier County, Florida; thence along the west line of said Woodlake subdivision South 00° 21'02" West 747.05 feet to the Point of Beginning of the parcel herein described: Thence leaving said line South 88° 56'57" East 30.00 feet; thence North 00° 21'01" East 70.00 feet; thence South 88° 56'57" East 245.07 feet to a point on a utility easement as shown on the plat of said Woodlake Subdivision: Thence along said utility easement for the following twelve courses: 1) North 01° 03'03" East 15.01 feet; 2) North 86° 53'04" East 3.00 feet; 3) North 03° 06'56" West 150.18 feet; 4) North 88° 56'57" V~'est 16.77 feet; 5) North 01° 03'03" East 20.00 feet; 6) North 88° 56'57" ~,Vest 188.68feet; 7) North 01° 03'03" East 10.00 feet; 8) South 88° 56'57' East 200.25 feet; 9) North 03° 06'56" ~Vest 35.00 feet; 10) North 86° 53'04" East 3.00 feet; 11) North 03° 06'56" '0,'est 21.12 feet; 12) Northeasterl.v 72.37 feet along the are of a tangential circular curve concave southeasterly, having a radius of 320.00 feet through a central angle of 12° 57'26" and being subtended by a chord which bears North 03° 21'46" East for 72.21 feet; Thence South 80° 09'30" East 65.00 feet to a point on a lake as shown on the plat of said Woodlake subdivision; thence along said Lake for the following ten courses: 1) Southeasterly 95.29 feet along the area of a non-tangential circular curve concave northeasterly, having a radius of 45.00 feet through a central angle of 121° 19'37" and being subtended by a chord which bears South 50° 49'13" East for 78.46 feet; 2) Southeasterly 181.06 feet along the area of a tangential circular curve concave southerly, having a radius of 200.00 feet through a central angle of 51° 52'11" and being subtended by a chord which bears South 85° 32'56" East for 174.94 feet: 3) Southeasterly 43.05 feet along the area of a tangential circular curve concave southwesterly, having a radius of: 0.00 feet through a central angle of 49° 20'00" and being subtended by a chord which bears South 34° 56'53" East for 41.73 feet. 4) South 10° 16'56" East 104.22 feet; 5) Southeasterly 78.38 feet along the area of a tangential circular curve concave westerly, having a radius of 300.00 feet through a central angle of 14° 58'11" and being subtended by a chord which bears South 02° 47'50" East for 78.16 feet; 6) South 04° 41'15" West 139.71 feet; 7) Southwesterly 74.76 feet along the area of a tangential ~ northwesterly having a radius of 50.00 feet through a central being subtended by a chord which bears South 47° 30'58" We 8) North 89° 38'58" West 256.81 feet; 9) North 85° 09'10" West 56.51 feet; F: LIEN~/MS'ER LNAL rcula~J~ve nglel 85° 39'46" for 67.99 feet; JANPI. Jr7 10) North 88° 56'57"West 241.51 feet to a point of on the west line of said Woodlake subdivision; thence along said west line of Woodlake subdivision North 00° 21'02" East 75.00 feet to the Point of Beginning of the parcel herein described; subject to easements and restrictions of record. Bearings are based on the west line of Woodlake subdivision being South 00° 21'02" West. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that thc Code Enforcement Director, did determine a public nuisance existed, and constituted a violation of county regulations on October 02, 2002, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. LITTER: PROHIBITED DUMPING, ACCUMULATION, STORAGE OR BURIAL OF LITTER, WASTE OR ABANDONED PROPERTY. You have failed to timel~ abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of TWO-HUNDRED ($200.00) DOLLARS and an administrative cost of Two-hundred ($200.00} dollars for a total of FOUR-HUNDRED ($400.00) DOLLARS. Such cost, by Resolution or' thc Board of County Commissioners of Collier County. Florida, shall become a lien on >'our propetCy '~ hen recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS! MSTR LNAL JAN 1 q 2003 $ 6 7 9 1o 11 12 13 14 16 1'7 18 19 20 21 22 23 24 25 26 2'/ 28 29 30 31 32 33 34 36 37 38 39 ao 4[ 42 43 45 46 47 49 50 51 52 53 54 55 56 57 58 59 RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost 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 description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: BOTTINO, ALFONSE & GRETA LEGAL DESCRIPTION: All that part of Tract "A" of Woodlake subdivision, Plat Book 13, pages 117 through 118, Collier County, Florida, being more particularly described as follows: Commencing at the northwest corner of the southeast % of the Southeast tA of Section 15, Township 51 South, Range 26 East, Collier County, Florida; thence along the west line of said Woodlake subdivision South 00° 21'02" West 747.05 feet to the Point of Beginning of the parcel herein described: Thence leaving said line South 88° 56'57" East 30.00 feet; thence North 00° 21'01" East 70.00 feet; thence South 88° 56'57" East 245.07 feet to a point on a utility easement as shown on the plat of said Woodlake Subdivision: Thence along said utility easement for the following twelve courses: 1) North 01° 03'03" East 15.01 feet; 2) North 86° 53'04" East 3.00 feet; 3) North 03° 06'56" West 150.18 feet; 4) North 88° 56'57" West 16.77 feet; 5) North 01° 03'03" East 20.00 feet; 6) North 88° 56'57" West 188.68feet; 7) North 01° 03'03" East 10.00 feet; 8) South 88° 56'57" East 200.25 feet; 9) North 03° 06'56" West 35.00 feet; 10) North 86° 53'04" East 3.00 feet; 11) North 03° 06'56" West 21.12 feet; 12) Northeasterly 72.37 feet along the are of a tangential circular curve concave southeasterly, having a radius of 320.00 feet through a central angle of 12° 57'26" and being subtended by a chord which bears North 03° 21'46" East for 72.21 feet; Thence South 80° 09'30" East 65.00 feet to a point on a lake as shown on the plat of said Woodlake subdivision; thence along said Lake for the following tt coul~o.~ 1 JANI 20 3 F: ~ MS'I~ RESOLUTION ~[~l~.~~ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 25 29 30 31 32 33 34 35 36 37 38 39 40 4! 42 43 45 46 47 48 49 50 51 1) Southeasterly 95.29 feet along the area of a non-tangential circular curve concave northeasterly, having a radius of 45.00 feet through a central angle of 121° 19'37" and being subtended by a chord which bears South 50° 49'13" East for 78.46 feet; 2) Southeasterly 181.06 feet along the area of a tangential circular curve concave southerly, having a radius of 200.00 feet through a central angle of 51° 52'11" and being subtended by a chord which bears South 85° 32'56" East for 174.94 feet: 3) Southeasterly 43.05 feet along the area of a tangential circular curve concave southwesterly, having a radius of 50.00 feet through a central angle of 49° 20'00" and being subtended by a chord which bears South 34° 56'53" East for 41.73 feet. 4) South 10° 16'56" East 104.22 feet; 5) Southeasterly 78.38 feet along the area of a tangential circular curve concave westerly, having a radius of 300.00 feet through a central angle of 14° 58'11" and being subtended by a chord which bears South 02° 47'50" East for 78.16 feet; 6) South 04° 41'15" West 139.71 feet; 7) Southwesterly 74.76 feet along the area of a tangential circular curve concave northwesterly having a radius of 50.00 feet through a central angle of 85° 39'46" and being subtended by a chord which bears South 47° 30'58" West for 67.99 feet; 8) North 89° 38'58" West 256.81 feet; 9) North 85° 09'10" West 56.51 feet; 10) North 88° 56'57"West 241.51 feet to a point of on the west line of said Woodlake subdivision; thence along said west line of Woodlake subdivision North 00° 21'02" East 75.00 feet to the Point of Beginning of the parcel herein described; subject to easements and restrictions of record. Bearings are based on the west line of Woodlake subdivision being South 00° 21'02" West. COST: $400.00 REFERENCE#: 2218 FOLIO #: 82990120005 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording sha~l constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property ownerts) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of 2003. ATFEST: DWIGHT E. BROCK, Clerk BOARD OF COb~FI'Y COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and legal sufficiency:f,_~v,~,. ~?~~ Thomas C. P:~lmer, Assistant County Attorney , Chairman F: LWe~/MSTR RF-~OLUTION JAN 1 2003 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN BUITRAGO, ALVARO & VERONICA S. DATE: 10033 SW 164TM PL. MIAMI, FL 33196 REF. INV.# 1844 FOLIO #: 35992520003 LIEN NUMBER: LEGAL DESCRIPTION: Lot 3, Block 93, Golden Gate, Unit 3, according to the plat thereof as recorded in plat book 5 at pages 97 through 105, inclusive of the public records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 3, and constituted a violation of county regulations on May 23, 2001, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-5 l, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED FIFTY-FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR LNAL JAN 1 2003 6 7 8 9 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 4[ 42 43 45 46 47 48 4-9 5O 51 52 53 54 55 56 57 58 59 61 RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as succ~or to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost 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 description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) 3, of the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the fo[lowing costs of such abatement, to wit: NAME: BUITRAGO, ALVARO & VERONICA S. LEGAL DESCRIPTION: Lot 3, Block 93, Golden Gate, Unit 3, according to the plat thereof as recorded in plat book 5 at pages 97 through 105, inclusive of the public records of Collier Count}', Florida. COST: $255.00 REFERENCE#: 1844 FOLIO #: 35992520003 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real proper~y, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney F: LIEN/MSTR RESOLUTION , Chairman JAN 1 2003 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN CATETE, JOSE LUIS LUCILA CATETE 66 ISLE ST THOMAS NAPLES, FL 33961 DATE: REF. INV.# 2198 FOLIO # 68342480003 LIEN NUMBER: LEGAL DESCRIPTION: LOT 66,~qz AN UNRECORDED PLAT OF PORT-AU-PRINCE MOBILE HOMES SUBDIVISION, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST HALF OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE NORTH 150 FEET AND SOUTH 450 FEET, LESS 60 FEET FOR ROAD RIGHT-OF-WAY. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 66, and constituted a violation of county regulations on September 12, 2002, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCLWIULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. LITTER: PROHIBITED DUMPING, ACCUMULATION, STORAGE OR BURIAL OF LITTER, WASTE OR ABANDONED PROPERTY. You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of SEVENTY ($70.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED SEVENTY ($270.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOLTR PROPERTY IN COLLIER COl F: LIENS/MSTR LFIAL RESOLUTION NO. 2003-__ l 2 3 A RESOLUTION OF THE BOARD OF COUNTY 4 COMMISSIONERS PROVIDING FOR THE 5 ASSESSMENT OF LIEN FOR THE COST OF 6 THE ABATEMENT OF PUBLIC NUISANCE, IN 7 ACCORDANCE WITH ORDINANCE No. 99-51, 8 AS SUCCESSOR TO ORDINANCE No. 91-47, 9 AS AMENDED 10 il WI-[EREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, 12 as amended, the direct costs of abatement of certain nuisances, including prescribed administrative 13 cost incurred by the County, shall be assessed against such property; and 14 15 WI-IEREAS, the cost thereof to the County as to each parcel shall be calculated and 16 reported to the Board of County Commissioners, together with a description of said parcel; and 17 18 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the 19 property against which made until paid; and 20 21 WHEREAS, the assessment shall become due and payable no later than twenty (20) 22 days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance 23 beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. 24 25 NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY 26 COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that lot(s) 66, of the property described as 27 follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) 28 of said property, is hereby assessed the following costs of such abatement, to wit: 29 30 NAME: CATETE, JOSE LUIS & LUCILA 3l 32 LEGAL DESCRIPTION: LOT 66,~F AN UNRECORDED PLAT OF PORT-AU-PRINCE MOBILE 33 HOMES SUBDIVISION, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST 34 HALF OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER 35 OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, 36 COLLIER COUNTY. FLORIDA, LESS THE NORTH 150 FEET ANTI SOUTH 450 FEET, LESS 60 3'7 FEET FOR ROAD RIGHT-OF-WAY. 38 39 COST: $270.00 REFERENCE#: 2198 FOLIO #: 68342480003 40 41 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along with the 42 Notice of Assessment of Lien to the ov, nerls) of the above-described property. If within twenty (20) 43 days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the 44 Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and 45 by recording shall constitute a lien against the above-described real property, and to the extent 46 allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted 47 property owner(s) in Collier County. 48 49 This Resolution passed and duly adopted by the Board of County Commissioners of 50 Collier County, Florida, this day of ,2003. 51 52 ATTEST: BOARD OF COUNTY COMMISSIONERS 53 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 54 55 BY: BY: 56 57 58 59 6O 61 62 Deputy Clerk Approved as to form and legal sufficiency:~ Thomas C. [~imer'7 Assi~ta'nt County Attorney F: LIEN/MSTR RESOLLrrION , Chairman JAN 1 2003 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DERY, NORMAN J. & BONNY E. DATE: 60 10'~ ST. N. NAPLES, FL 34102-6217 REF. INV.# 2192 FOLIO #: 36304200004 LIEN NUMBER: LEGAL DESCRIPTION: Lot 19, Block 188, Unit 6, GOLDEN GATE, according to the Plat thereof recorded in Plat Book 5, Page 134, Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 19, and constituted a violation of county regulations on September 23, 2002, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMLrLATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED FIFTY-FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR LI'4AL JAN 1 2003 RESOLUTION NO. 2003- 1 2 3 A RESOLUTION OF THE BOARD OF COUNTY 4 COMMISSIONERS PROVIDING FOR THE 5 ASSESSMENT OF LIEN FOR THE COST OF 6 THE ABATEMENT OF PUBLIC NUISANCE, IN 7 ACCORDANCE WITH ORDINANCE No. 99-51, 8 AS SUCCESSOR TO ORDINANCE No. 91-47, 9 AS AMENDED 10 I 1 WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, 12 as amended, the direct costs of abatement of certain nuisances, including prescribed administrative 13 cost incurred by the County, shall be assessed against such property; and 14 15 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and 16 reported to the Board of County Commissioners, together with a description of said parcel; and 17 18 WHEREAS. such assessment shall be a legal, valid and binding obligation upon the 19 property against which made until paid; and 20 21 WrHEREAS, the assessment shall become due and payable no later than twenty (20) 22 days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance 23 beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 26 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) 19, of the property described as 27 follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) 28 of said property, is hereby assessed the following costs of such abatement, to wit: 29 30 NAME: DERY, NORMAN J. & BONNY E. 31 3~_ LEGAL DESCRIPTION: Lot 19, Block 188, Unit 6, GOLDEN GATE, according to the Plat 33 thereof recorded in Plat Book 5, Page 134, Public Records of Collier County, Florida.. 34 35 COST: $255.00 REFERENCE#: 2192 FOLIO #: 36304200004 36 37 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along with the 35 Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) 39 davs of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the 40 Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and 41 by recording shall constitute a lien against the above-described real property, and to the extent 42 allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted 43 property owner(s) in Collier County. 45 This Resolution passed and duly adopted by the Board of County Commissioners of 46 Collier County, Florida, this day of ,2003. 47 48 ATTEST: BOARD OF COUNTY COMMISSIONERS 49 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 50 51 BY: BY: 52 53 54 55 56 57 58 59 60 Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney , Chairman JAN 1 2003 F: LIEN/MSTR RESOLUTION BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN GRIMES, JOE A. & MARJORIE E. 11466 E. TAMIAMI TRAIL NAPLES, FL 34103-3830 DATE: REF. INV.# 2189 FOLIO #: 77210040003 LIEN NUMBER: LEGAL DESCRIPTION.: Commencing at the Southeasterly corner of Block 1, TRAIL ACRES, according to the map or plat thereof recorded in Plat Book 3, Page 50, of the Public Records of Collier County, Florida: thence run North 50 degrees East along the Northwest line of the Southwest boulevard as shown on said Plat 300 feet to a point on the Southwesterly line of Tamiami Trail; thence run North 30 degrees 04 West along said Tamiami Trail 200 feet; thence run South 50 degrees 56 West 300 feet to the common corner of Lots 4 and 5 on the Northeasterly line of Block 1 of said TRAIL ACRES; thence run South 39 degrees 04 East 200 feet to the point of beginning. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 1-4, and constituted a violation of count5 regulations on August 18, 2002, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-5 l, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF %'LEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of TWO-HUNDRED TWENTY ($220.00} DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of FOUR-HUNDRED TWENTY ($420.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSWR LNAL JAN 1 7_003 1 2 3 4 5 6 7 8 9 10 11 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3l 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 61 62 63 RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost 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 description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) 1-4, of the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: GRIMES, JOE A. & MARJORIE E. LEGAL DESCRIPTION: Commencing at the Southeasterly corner of Block 1, TRAIL ACRES, according to the map or plat thereof recorded in Plat Book 3, Page 50, of the Public Records of Collier County, Florida: thence run North 50 degrees East along the Northwest line of the Southwest boulevard as shown on said Plat 300 feet to a point on the Southwesterly line of Tamiami Trail; thence run North 30 degrees 04 West along said Tamiami Trail 200 feet; thence run South 50 degrees 56 West 300 feet to the common corner of Lots 4 and 5 on the Northeasterly line of Block 1 of said TRAIL ACRES; thence run South 39 degrees 04 East 200 feet to the point of beginning. COST: $420.00 REFERENCE#: 2189 FOLIO #: 77210040003 The Clerk shall (by regular U.S. maid mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of __ 2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and Thomas C. Palmer, Assistant County Attorney F: LIEN/Ms'rR RESOLUTION JAN 1 2003 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN KISH, RUSSELL B. & LYNN M. DATE: 3581 7TM AVE. SW NAPLES, FL 34117 REF. INV.# 2200 FOLIO #: 68300002847 LIEN NUMBER: LEGAL DESCRIPTION: Lot 42, of PORT OF THE ISLANDS, PHASE TWO, according to the map or plat thereof, recorded in Plat Book 21, pages I through 4 of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 42. and constituted a violation of county regulations on September 27, 2002, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCL,'MULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED FIFTY-FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TINIELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR LNAL JAN 1 ?.003 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-5 l, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against suc~h 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 description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that lot(s) 42, of the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: KISH, RUSSELL B. & LYNN M. LEGAL DESCRIPTION: Lot 42, of PORT OF THE ISLANDS, PHASE TWO, according to the map or plat thereof, recorded in Plat Book 21, pages 1 through 4 of the Public Records of Collier County, Florida. COST: $255.00 REFERENCE#: 2200 FOLIO #: 68300002847 The Clerk shall (by regulur U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the ownert s) of the above-described property. If within twenty (20) days of the date of mailing that copy. the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly' adopted by the Board of County Commissioners of Collier County, Florida, this __ day of 2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Pal~n[r, Assistant County Attorney F: LIEN/MSTR RFr~OLU'T[ON , Chairman BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN WALKER, BRENT C. & CYTNHIA A. DATE: 136 WELLSTON CIR. WARNER ROBINS, GA 31093-8400 REF. INV.# 2195 FOLIO #: 68300002986 LIEN NUMBER: LEGAL DESCRIPTION: Lot 49 of Port of the Islands, Phase two, according to the map or plat thereof, recorded in Plat Book 21, Pages 1 through 4, of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 49, and constituted a violation of county regulations on September 27, 2002, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of TWO.HUNDRED FIFTY-FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY 1N COLLIER COUNTY. l~. LIENS/MSTR LNAL JAN 1 2003 1 2 3 4 $ 6 '7 9 lO Il 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 29 30 31 32 33 34 35 3'/ 38 39 40 41 42 43 45 46 4'7 48 49 50 51 52 53 54 56 57 59 RESOLUTION NO. 2003-.__ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as succ~a~or to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost 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 description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COL~NTY, FLORIDA, that lot(s) 49, of the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: WALKER, BRENT C. & CYTNHIA A. LEGAL DESCRIPTION: Lot 49 of Port of the Islands, Phase two, according to the map or plat thereof, recorded in Plat Book 21, Pages 1 through 4, of the Public Records of Collier County, Florida. COST: $255.00 REFERENCE#: 2195 FOLIO#: 68300002986 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney F: LIEN/MS*TR RESOLUTION , Chairman JAN 1 2003 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN WALTERS, T. LEE & WILLIAM L. DATE: 3991 SHADY RIDGE RD FF LAUDERDALE, FL 33312 REF. INV.# 2203 FOLIO #: 1211080009 LIEN NUMBER: LEGAL DESCRIPTION: Lot 2 of the unrecorded Plat of PLANTATION ISLAND MOBILE HOME SITES, Unit No. 3, located in Section 24, Township 53 South, Range 29 East, Tallahassee Meridian, Collier County, Florida, lying North of Halfway Creek. From the Northwest corner of said Section 24, South 87032'20" East along the North line of said Section 24, for 467.98 feet; thence South 02o27'40'' West 150 feet; thence South 87o32'20" East 1470 feet to the POINT OF BEGINNING; Thence North 02~27'40"East 100.00 feet; thence South 32'20" East 60.00 feet; thence South 02~27'40'' West 100.00 feet; thence North 87o32"20'' West 60.00 feet to the POINT OF BEGINNING. You, as the owner(s) of the property above-described, as recorded in the records maintained by thc office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 2, and constituted a violation of county regulations on September 03, 2002, and ordered thc abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF ~,EEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGItTEEN (18) INCHES. You have failed to timely abate such nuisance; whereupon, it was abated by thc expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED FII~FY-FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR LNAL JAN 1 2003 RESOLUTION NO. 2003- ! 2 3 A RESOLUTION OF THE BOARD OF COUNTY 4 COMMISSIONERS PROVIDING FOR THE 5 ASSESSMENT OF LIEN FOR THE COST OF THE 6 ABATEMENT OF PUBLIC NUISANCE, IN 7 ACCORDANCE WITH ORDINANCE No. 99-51, 8 AS SUCCESSOR TO ORDINANCE No. 91-47, AS 9 AMENDED 10 Il WI-IEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as 12 amended, the direct costs of abatement of certain nuisances, including prescril~l administrative cost incurred 13 by the County, shall be assessed against such property; and 14 15 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to 16 the Board of County Commissioners, together with a description of said parcel; and 17 18 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property 19 against which made until paid; and 20 21 WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the 22 date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date 23 this Resolution is recorded at the rate of twelve percent (12%) per annum. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 26 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) 2, of the property described as follows, 27 having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is 28 hereby assessed the following costs of such abatement, to wit: 29 30 NAME: WALTERS, T. LEE & WILLIAM L. 31 32 LEGAL DESCRIPTION: Lot 2 of the unrecorded Plat of PLANTATION ISLAND MOBILE HOME 33 SITES, Unit No. 3, located in Section 24, Township 53 South, Range 29 East, Tailahassee Meridian, 34 Collier County, Florida, lying North of Halfway Creek. From the Northwest corner of said Section 24, 35 South 87 32'20" East along the North line of said Section 24, for 467.98 feet; thence South 02 27'40" 36 West 150 feet: thence South 87 32'20" East 1470 feet to the POINT OF BEGINNING; Thence North 02 37 27'40"East 100.00 feet; thence South 87 32'20" East 60.00 feet; thence South 02 27'40" West 100.00 feet; 38 thence North 87 32"20" West 60.00 feet to the POINT OF BEGINNING. 39 40 COST: $255.00 REFERENCE#: 2203 FOLIO #: 1211080009 4l 42 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along with the Notice of 43 Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of 44 mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of 45 Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien 46 against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other 47 real and/or personal property owned by the noted property owner(s) in Collier County. 48 49 This Resolution passed and duly adopted by the Board of County Commissioners of Collier 50 County, Florida, this __ day of ,2003. 51 52 ATTEST: BOARD OF COUNTY COMMISSIONERS 53 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 54 55 BY: BY: 56 57 58 59 60 61 62 63 64 Deputy Clerk Approved as to form and legal sufficiency: /~ /~ Thomas ['7. Palmer, Assistant County Attorney · Chairman F: LIEN/MSTR RESOLUTION BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN BOWER, RUTH DATE: 1147 RAINBOW DR. NAPLES, FL 341044264 REF. INV.# 2207 FOLIO #: 68300002148 LIEN NUMBER: LEGAL DESCRIPTION: Lot 7, of PORT OF THE ISLANDS PHASE TWO, according to the plat thereof, recorded in Plat Book 21, Page 1 through 4, of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 7, and constituted a violation of county regulations on September 27, 2002, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You ha,,e failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED FIFTY-FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIUm~S/MSWR LNAL JAN 1 2003 1 2 3 4 5 6 7 8 9 1o 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4o 41 42 43 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 61 62 RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 9147, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as succ~sor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost 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 description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY CO~MMISSIONERS OF COLLIER COL.~NTY. FLOR[DA, that lot(s) 7 of the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: BOWER, RUTH LEGAL DESCRIPTION: Lot 7, of PORT OF THE ISLANDS PHASE TWO, according to the plat thereof, recorded in Plat Book 21, Page 1 through 4, of the Public Records of Collier County, Florida. COST: $255.00 REFERENCE#: 2207 FOLIO #: 68300002148 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(st of the above-described property. If within twenty (20) days of the date of mailing that copy, the o,s net fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ., 2003. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk BY: , Chairman Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney F: LIP24/MSTR RF_.SOLUTION EXECUTIVE SUMMARY APPROVAL OF A REQUEST TO THE DEPARTMENT OF COMMUNITY AFFAIRS (DCA) TO EXTEND THE COUNTY'S GRANT AGREEMENT FOR A FLORIDA SMALL CITIES AND COUNTIES COMMUNITY DEVELOPMENT BLOCK GRANT THAT PROVIDED FOR A PORTION OF THE CONSTRUCTION OF THE MANUFACTURING INCUBATOR FACILITY II AT THE IMMOKALEE REGIONAL AIRPORT INDUSTRIAL PARK. OBJECTIVE: To have the Board of County Commissioners approve a request to the Department of Community Affairs (DCA) to extend the County's grant agreement for a Florida Small Cities and Counties Community Development Block Grant (CDBG) that provided for a portion of the construction of the Manufacturing Incubator Facility II at the Immokalee Regional Airport Industrial Park. CONSIDERATIONS: On October 1, 1999, the Board of County Commissioners received an executed CDBG Award Agreement with the Department of Community Affairs (DCA). On November 20, 2000 the County requested a six-month extension which resulted in a new termination date of March 27, 2002. On March 12, 2002, the County requested a second one-year extension, due to construction delays, which resulted in a new termination date of March 27, 2003. There is not adequate time to execute a lease agreement and create the required jobs before the termination date of the agreement, thus a third one-year extension is requested. Per the Citizen Participation Plan, the Citizens Advisory Task Force (CATF) met on December 12, 2002, (a meeting notice was published on November 28, 2002 in the Naples Daily News), which was a public meeting, and approved the request for extension of the termination date of the Award Agreement (minutes attached). FISCAL IMPACT: The total amount funded ($750,000) is not expected to be impacted by the request to extend the termination date of the original contract. GROWTH MANAGEMENT IMPACT: This project is consistent with the policies and objectives of the Growth Management Plan and the Immokalee Master Plan. RECOMMENDATION: The Board of County Commissioners approve a request to the Department of Community Affairs (DCA) to extend the County's grant agreement for a Florida Small Cities and Counties Community Development Block Grant (C['BG) that provided for a portion of the construction of the Manufacturing Incubator Facility II at the Immokalee Regional Airport Industrial Park. JAN 14 2003 SUBMITTED BY: ~ ~ Date: //Susan E._Alden, HUD Grant Coordinator ' Financial Administration and Housing REVIEWED BY: REVIEWED BY: APPROVED BY: ~ Date: /~-" t7-O}.'- Lee Combs, HUD/F~Cd~ral Grants Manager F'~ncial Ashq~inist~ti~n and Housing H. Denton Baker, Director Financial Administratio~ and Housing ,~.,,~.~.-,.~--/~,~,~-~~" '"//' Date: /o~pl~ K. Schr~t, Xdministrator t6mmunity Development & Environmental Services JAN l 2003 CITIZENS ADVISORY TASK FORCE COMMITTEE 'COMMUNITY DEVELOPMENT AND ENVIRONMENTALSER~C~ · CONFERENCE ROOM ,SE,, : 2800 NORTH HORSESHOE DRIVE! December 12, 2002 Meeting (Minutes Tentative Until Approved by the CATF) The meeting was called to order at 1:05 p.m. by David Corban. There was a quorum present. ROLL CALL ABSENT PRESENT Bill McCarthy Kathleen Herrmann Ellen Christian-Myers David Corban Russell Tuff X X X X X Staff Present: Financial Administration and Housing (FAH) staff - Denny Baker, Lee Combs, Susan Alden, Gary Young, Janeen Person-Coale and Julia Langhorn Applicants Present: Elaine Antonacci, (Immokalee Multicultural Multipurpose Community Action Agency (IMMCAA) Cheryl Wickersham, United Church Homes Amanda Townsend, Collier County Parks and Recreation Richard Nogaj, Harvest for Humanity, Inc. Mary Ann Durso, Habitat for Humanity, Inc. Dr. Sam Durso, Habitat for Humanity, Inc. Barbara Cacchione, Empowerment Alliance of Southwest Florida, Inc. Bill Klohn, Arrowhead Apartments Ltd. Patrick McCuan, Arrowhead Apartments Ltd. Barry Williams, Colllier County Human Services Barbara Mainster, Redlands Christian Migrant Association (RCMA) Also Present: Susan Golden, City of Naples Teri Karp, Collier County Hunger and Homeless Coalition Mary Soucek, Collier County Hunger and Homeless Coalition Marlene Foord, Collier County Grants Patricia Prather, a court reporter from Naples Court Reporting, Inc. was al: 2 JAN 1 ~ 2003 New Business A. The CATF reviewed nine (9) applications for Community Development Block Grant (CDBG) funding in the 2003-2004 program cycle. The following applications were recommended for funding: Housing: · United Church Homes, Inc. (Immokalee Senior Housing) $275,000 · Habitat for Humanity (Charlee Estates - Phase 11 infrastructure) $700,000 Economic Development: · Harvest for Humanity (Job Creation at Blueberry Store) $100,000 Public Facilities: · Collier County Public Services (EN Community Center Senior Center addition) $83,000 ** with $255,000 set aside in 2004-2005 and 2005-2006 program years Public Services: · IMMCAA (Job training and support) $60,000 · Empowerment Alliance of SW Florida (Education and Training) $54,000 · Collier County Human Services (Prescription Medication Service) $130,000 B. The CATF reviewed the applications for appointment to serve on the CATF and recommended the following people be appointed: Russell W. Tuff- reappointment - Business Leader (unanimous) Jodi Bisogno - appointment - Social Services (to fill the seat vacated by Kathy Hen'mann) (unanimous) C. The CATF approved 4-0 that the County extend the termination date of the agreement between Collier County and the Department of Community Affairs (DCA) for the Small Cities and Counties CDBG funding used to build the Incubator at the Immokalee Airport. Due to various delays, it seems prudent to extend the termination date to March, 2004 to enable the leasee to have adequate time to have the required 22 jobs in place. Approval of Meeting Minutes A. Approval of May 9, 2002 - approved by 4-0 vote. B. Approval of September 12, 2002 - approved as corrected by 4-0 vote. IV. Old Business A. Lee Combs gave each CATF member a copy of a letter from HUD in response to Collier County's Consolidated Annual Performance and Evaluation Report (CAPER). This was the first year a CAPER had been submitted and HUD was very pleased with the accomplishments of the CDBG program. B. Lee Combs told the CATF that Collier County had been approved for Home Investment Partnership Act (HOME) program a year earlier than expected. The anticipated funding is approximately $800,000. Unlike CDBG, this program will focus on housing. Community Housing Development Organizations (CHDOs) will received a 15% setaside for eligible projects. The Citizen Participation Plan relating to public hearings would be followed so that the public knows of the availability of the funding; public heatings have been scheduled for early January in Immokalee and Golden Gate. Since the regulations are very complex, Lee Combs suggested that the CATF allow staff to determi~: funding. The CATF unanimously approved that staff be allowed to de' priorities and eligibility. ermJ~ fundine ~'0 JAN 1 2003 New Business mo The next meeting is scheduled for March (date and time to be determined). There will be one new member of the CATF. Denny Baker suggested that the CATF be given training regarding CDBG rules and regulations, the Sunshine Law and Board Protocal; the C^TF unanimously agreed. A bus tour of the CDBG projects will be scheduled for the Spring. V. Adjournment of Meeting 5:25 P.M. G:\CDBGXCitizen Advisory Task Force~002 CATF Meetings\CATF Minutes ! 2-12-02.doc EXECUTIVE SUMMARY APPROVAL OF THE MORTGAGE AND PROMISSORY NOTE FOR A ONE HUNDRED THIRTY-EIGHT THOUSAND ($138,000) DOLLAR LOAN FROM THE STATE HOUSING INITIATIVES PARTNERSHIP (S.H.I.P.) PROGRAM TO THE ST. MATTHEWS HOUSE OF COLLIER COUNTY, INC. OBJECTIVE: To increase the supply of affordable housing in Collier County by granting a loan to the St. Matthews House of Collier County, Inc. assisting in the construction of a 46-unit affordable transitional housing facility. CONSIDERATION: The Collier County Department Financial Administration and Housing has set aside $138,000 from the State Housing Initiative Partnership (SHIP) funds for a zero interest loan to The St. Matthews House of Collier County, Inc. This zero interest loan is provided for by the Land Acquisition/Transfer With New Construction strategy approved by the Board of County Commissioners in the three-year SHIP Housing Assistance Plan on April 24, 2001. FISCAL IMPACT: Approval of this Mortgage and Note will grant a $138,000 loan to the St. Matthews House of Collier County, Inc at zero interest from the Affordable Housing Trust Fund. The twenty year loan shall have a five year grace period and be repaid over the following fifteen years in $9,200 increments with the first payment due on November 1, 2007. Total payments shall be $138,000 due by November 1, 2022. Recording costs will be paid to the Clerk of Courts from the Affordable Housing Trust Fund. GROWTH MANAGEMENT IMPACT: This loan to the St. Matthews House of Collier County, Inc will allow Collier County to enhance the development of affordable housing in accordance with the Housing Element of the Growth Management Plan of Collier County. RECOMMENDATION: Mortgage and Promissory Note. SUBMITTED BY: /"'7~ t't,~t,~~ Date: oC~.~ac J. Giblin~ot~inh Development Manager ~~using Department REVIEWED BY: Date: Denton Baker, Director F~~ Department APPROVED BY: Date: pie / ..~ . . ' ph K. Schifiitt, Adnumstrator ommunity Development and Environmental Services Division That the Board of County Commissioners approve the AGENDA fi'EM JAN 1~t 2003 n. I Prepared by: Collier County Financial Administration and Housing Dept. Lauren Beard, SHIP Coordinator 3050 N. Horseshoe Dr., #275 Naples, FL 34104 941-403-2330 MORTGAGE Security Instrument TI-HS SPACE FOR RECORDING THIS SECURITY INSTRUMENT is given on November , 2002. The Borrower is: St. Matthews House, Inc. ("Borrower'). This Security Instrument is given to Collier Cou.~t~ ('Lender"), which is organized and existing under the laws of the United States of America, and whose address is 2800 Nore. h Dr£ve, Naples, Florid, a 34:1.04 . Borrower owes Lender the sum of O~e ~u~d.~ed Thousa.n,-1 Del"late and No Cents (U.S.$ 138,000.00 ,). This debt is evidenced by Borrower's Note dated the same date as t'~is Security Instrument which provides for yeady payments commencing November 2007, with the full debt, if not paio eariier. 0ue and payable on November 1, 2022. This Secudty Instrument secures to Lender: (al the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of aH other sums, with interest advanced under paragraph 7 to protect the secunty of the Security Instrument; and (cl the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower oces hereby second mortgage, grant and convey to Lender the following described property located in Collier County. F~orida. As more particularly descr;bed in Attachment A. (Legal Description) and which has the address of: (" Property Address '1: 4590 - 4650 16=h Place SW., Naples, FL 34116 TOGETHER WiTH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royames, mineral, oil and gas r;gr~ts and profits, water rights and $1ock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by the Security Instrument. All of the foregoing ~s referred to ~n tn~s Security Instrument as the 'Property". BORROWER COVENANTS that Borrower ~s lavcfu~ly seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and wd! oefend generally the ht~e to the Property against all claims and demands, subject to any encumbrances of record THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variation by jurisdiction to constitute a uniform secur*ty ~nstrument covedng real property. UNIFORM COVENANTS, Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note. 2. Taxes. The Mortgagor will pay all taxes, assessments, sewer rents or water rates prior to the accrual of any penalties or interest thereon The Mo~lgagor shall pay or cause to be paid, as the same respectively become due, (Al(l} all taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against or with respect to the Property, (2) all utility and other charges, including 'service charges', incurred or imposed for the operation, maintenance, use, occupancy, upkeep and improvement of the Property, and (3) all assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Mortgagor shall be obligated under the Mortgage to pay or cause to be paid only such installments as are required to be paid dudng the term of the Mortgage, and shall, promptly after the payment of any of the foregoing, forward to Mortgagee evidence of such payment. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender shall be applied; first, to interest due; and, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, il any. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph, and all receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender;, (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings ~'tich in the Lender's opinion operate to prevent the entomement of the lien; or (c) secures from the holder of the lien an agreement aatisfactonj to Lender subordinating the lien to this Secudty Instrument. If Lender determines that any part of the Property is subject to a lien which may attain pdority over the Security Instrument, Lender re, ay give Bo~er s notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice, 5. Protection of Lender's Rights In the Property. If Borrower fails to perform the covenants contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's Property. Lender's actions may include paying any sums secured by a lien which has pdodty over this S~ appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Alth, take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender un 7 shall become additional debt of Borrower secured by this Secudty Instrument. Unless Borrower and Le~ terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and with interest, upon notice from Lender to Borrower requesting payment. ~1 .LT. __z.~A hts in tll~l,.~,.,l'l~ ~ ~J.~.~ regu, n4{ [J I htsin~ [~ ~ ~d~ Instrument, ~gh Le~a~ t. ler thiU~ra~h~ 2003 ~er agree to other all be ~y~ie, 0 6. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or pdor to an inspection specifying reesortab~e cause for the inspection. 7. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu o! condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property, in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Secudty Instrument shall he reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair man, et value of the Properby immediately before the taking. Any balance shell he paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately for the taking, unless Borrower and Lender othen¥ise agree in writing or unless applicable law otherwise provides, the proceeds shell be applied to the sums secured by this Security Instrument whether or not the sums are then due. Unless Lender and Borrower otherwise agree in w~iting, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 or change the amount of such payments. 8. Borrower Not Released, Forbearance By Lender Not a Waiver. Extension o~ the time for payment or modification of amortization of the sums secured by this Secudty Instrument granted by Lender to any successor in interest of Borrower shatl not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any dght or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 9. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Secunty Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the Provisions of paragraph 17. Sorrower's covenants and agreements shall be joint and several. Any Sorrower who co-signs this Security Instrument but does not execute the Note; (a) is co-signing this Security Instrument only to modgage, grant and convey that Borrower's interest in the Property under the terms of this Secudty Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 10. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Sorrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Sorrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 11. Notices. Any notice to Sorrower provided for in this Security instrument shall be given by delivering it or by mailing it by first class mail un~ess apphcab',e law required use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 12. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conhict shall not affect other provisions of this Secudty Instrument or the Note which can be given effect without the confiict~n9 prows~on. To this end the provisions of this Security Instrument and the Note are declared to be severat3ie. 13. Borrower's Copy. Bcrrower shall be given one conformed copy of the Note and of this Security Instrument. 14. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any ~nterest in it is sold or transferred (or if a beneficial interest in Sorrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security instrument. If Lender exercised this option, Lender shaii give Sorrower notice of acceleration. The notice shall provide a period ol not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Secunty Instrument. If Sorrower fa~ls to pay these sums prior to the expiration of this pedod, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 15. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the dght to have enforcement of this Security Instrument discontinued at any time prior to the eadier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Secudty Instrument and the Note as if no acceleration had occurred; (b) cures and default of any other covenants or agreements; (c) pays all expanses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorney's tees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Secudty Instrument, Lender's rights in the Proparty and Borrower's obligation to pay the sums secured by this Security instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply m the case of acceleration under paragraph 17. 16. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer') that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 17. Hazardous Substances. Sorrower shall not cause or parmit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Proparty. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not appl use, or storage on the Property of small quantities of Hazardous Substances that are generally recogr to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any invest gat on, c aim, demand, lawsu t or oth governmental or regulatory agency or private party involving the Property and any Hazardous Substar Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental c that any removal or other remediation of any Hazardous Substance affecting the Proparty is necessa~ promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" ars those substances defined as toxic or hazl Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petrols pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and f to the presence, .~,~.-,.:;_ ._ : ,-i I :e or E regulatory authority, S°rrol ffl' q ous substa~s by~ ~ pr~ts, to~c~ radioactive materials, As used in this paragraph 20, "Environmental Law' means federal laws and laws o~ the jurisdiction where the Property is located that relate to health, safety or environmental protection. 18. Acceleration; Remedlee. Lender shall give notice to Borrower prior to acceleration foflowing Borrower's breach of any covenant or agreement in this Secud[¥ Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (o) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security instrument, foreclosure by judicial proceeding and sale of the Property, The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in t)he foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shaJl be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, reasonable attorney's fees and costs of the title evidence. 19. Release. Upon payment of all sur~ secured by this Seeurity Instrument, Lender shall release this Security Instrument, without charge, to Borrower. Borrower shall pay any recordation costs, 20. Attorneys' Fees. As used in this Security Instrument and the Note, 'attorneys' fees' shall include any attorneys' fees awarded by an appellate court. SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Secudty Instrument and in any rider(s) executed by Borrower and recorded with it. Signed, sealed and delivered in the presence of: Witness#1 :. Signature: Witness#2:. Signature: St. Matthews House, Inc. Signature: By: John R. Wood, President Address: STATE OF Florida COUNTY OF Collier The foregoing Mortgage was acknowledged before me this day of 2002, by John R. Wood, president of St. Matthews House, Inc.. He is personally known to me. signature of person taking acknowledgment name of person typed; stamped title serial # (if any) JAN 1 2003 EXHIBIT "A" Legal Description Lot 1 through $, inclusive, Block 67, Golden Gate, Unit 2, Part I, according to the plat thereo£, recorded in Plat Book 9, Pages 116 through 120, inclusive, of the Public records of Collier County, Florida. 2003 PROMISSORY NOTE November , 2002 Borrower= St. Matthews House, 4590 - 4650 16~ Fl&ce sw. ThC. Naples, FL, 34116 Property A~lrems (City) (State) BORrOWER(S) PROMISE TO PAY: I/We promise to pay One H~red Thir~-Ei~ht Thoum~d Doll&rs ~n~ No Cents {$138,000.00 ) (this amount will be called "principal') to the order of Collier Cou~t~ or to any other holder of this Note (the "Lender'), whose address is 2800 Horseshoe Drive North, Naples, Florida 34104 . I/We understand that the Lender may transfer the Promissory Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note will be called the 'Note Holder'. INTEREST: Interest on this Note shall be zero percent (0%) ii,er annum; except that if I/We fail to pay this Note as required, the interest rate shall be twelve percent (12%) per annum from the date when payment of this Note is due until I/We pay it in full. PAYMENTS: Principal payments of $9,200.00 shall be made yearly beginning on November 1, 2007 and continuing each year thereafter to the Collier County Financial Administration and Housing Department until payment in full is received by Novem%ber 1, 2022. My/Our total payment shall be U.S. ~138,000.00 . BO~OWER'S RIGHT TO PREPAY: I/We have the right to make payments of principal at any time before they are due. A payment of principal only is know as a 'prepayment'. When I/We make a prepayment, I/we will tell the Note Holder in writing that I/we am doing so. i/We may make a full prepayment or partial prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of the principal that I owe under this Note. If I/We make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. If I/We make a partial prepayment, there will be no prepayment penalty adhering to or associated with such prepayment LOAN CHARGES: If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits; then (i} any such loan charges shall be reduced by the amount necessary to reduce the charges to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me/us. The Note Holder may choose to make this refund by reducing the principal that I/We owe under this Note or by making a direct payment to me/us. If a refund reduces principal, the reduction will be treated as a partial prepayment. SUBORDINATION: Lender and Borrower acknowledge and agree that this Security Instruraent is subject and subordinate in all respects to the liens, terms, covenants and conditions of any First Deed of Trust or mortgage and ~o all advances heretofore made or which may hereafter be made pursuant to the First Deed of Trust or mortgage including all sums advanced for the purpose of (a) protecting or further securing the lien of the First Deed of Trust or mortgage, curing defaults by the Borrower under the First Deed of Trust or mortgage or for any other purpose expressly permitted by the First Deed of Trust or mortgage or (b) constructing, renovating, repairing, furnishing, fixturing or equipping the Property. The terms and provisions of the First Deed of Trust or mortgage are paramount and controlling, and they supersede any other terms and provisions hereof in conflict therewith. In the event of a foreclosure or deed in lieu of foreclosure of the First Deed of Trust, any provisions herein or any provisions in any other collateral agreement restricting the use of the Property to low or moderate income households or otherwise restricting the Borrower's ability to sell the Property shall have no further force or effect on subsequent owners or purchasers of the Property. Any person, including his successors or assigns (other than the Borrower or a related entity of the Borrower), receiving title to the Property through a foreclosure or deed in lieu of foreclosure of the First Deed of Trust shall receive title to the Property free and clear from such restrictions. Further, if the Senior Lien Holder acquires title to the Property pursuant to a deed in lieu of foreclosure, the lien of this Security Instrument shall automatically terminate upon the Senior Lien Holder's acquisition of title, provided that (i) the Lender has been given written notice of a defau.t under the First Deed of Trust and (ii) the Lender shall not have cured the default under the First Deed of Trust within the 30-day period provided in such notice sent to the Lender. 7. BOP~OWE~(S) FAILUI~E TO PAY AS REQUESTED: (A) Default If I/we do not pay the full amount as required in Section 3 above, I/we If I am in default, the Note Holder may bring about a//y actions applicable law and require me/us to pay the Note Holder's cost and expen (B) below. (B) Payment of Note Holder's Cost and Expenses If the Note Holder takes such actions as described above, the Note HO right to be paid back for all of its costs and expenses, including, bi reasonable attorneys' fees. 8. GIVING OF NOTICES: Unless applicable law required a different method, ~ 1 ~Ot pt6hl~bited by $/.~ es a~scribed in/~ der ]wl~ !v~e t~e ~ not limited to, be given to me/us under the Note will be given by delivering it or by mailing it by first class mail to me at the Property Address on Page i or at a different address if I/we give the Note Molder a notice of my/our different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) or at a different address if I/we have been given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE: If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the prc~ises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to Day all of the amounts owed under this Note. 10. WAIVERS: I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Present~nent" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE: This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protection given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I/we do not keep the promises which I/we make in this Note. That Security Instrument describes how and under what conditions I/we may be required to make inanediate payment in full of all amounts I/we owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold cr transferred And Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full or all sLuns secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises 5bls option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than thirty (30) days from the da%e the notice is delivered er mailed, within which Borrower must pay all sums secured by this Security Instrument. If Borrower(s) fail to pay these shuns prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. Notwithstanding the above, the Lender's rights to collect and apply the insurance proceeds hereunder shall be subject and subordinate to the rights of the Senior Lien Holder to collect and apply such proceeds in accordance with the First Deed of Trust. 12. This note is governed and construed in accordance with the Laws of the State of Florida. WITNESS THE HAND(S) AND SEA/~(S) OF THE UI~DERSIGNED. (Seal) Borrower John R. Wood, President St. Matthews House, Inc. ======================================================================================== ~TUT~N TO Collier County Financial Administration & Houslng Department 3050 North Horseshoe Drive, #275 Naples, FL 34104 Phone: (941) 403-2330 Fax: (941) 403-2331 JAN 2003 EXECUTIVE SUMMARY PETITION CARNY-2002-AR-3492, LOU HOEGSTED, PRESIDENT, COLLIER COUNTY FAIR AND EXPOSITION, INC., REQUESTING A PERMIT TO CONDUCT A FAIR FROM JANUARY 31~ THROUGH FEBRUARY 9, 2003, AT THE COLLIER COUNTY FAIR GROUNDS ON IMMOKALEE ROAD (C.R. 846) NORTH GOLDEN GATE ESTATES. OBJECTIVE: To provide local entertainment and education experiences to residents and visitors of Collier County. Lou Hoegsted, President, Collier County Fair and Exposition, Inc., is requesting that the Board of County Commissioners approve a permit to conduct the annual Collier County Fair from January 31st through February 9th, 2003, on County owned property located on Immokalee Road (C.R. 846) North Golden Gate Estates. The applicant is also requesting waivers of the occupational license and the surety bond. CONSIDERATIONS: Lou Hoegsted, President, Collier County Fair and Exposition, Inc., made application to the Board of County Commissioners for a permit to conduct their annual fair. Collier County Fair and Exposition, Inc., has presented evidence that all the criteria has been met for the issuance of this permit. Staff supports the waiver of the Surety Bond as there have been no previous problems related to clean up of the site after the County fair. FISCAL IMPACT: N/A GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. RECOMMENDATION: That the Board of County Commissioners approve the permit to conduct the annual Collier County Fair and waive the occupational license and surety bond. PREPARED BY · S~SAN MURRAY, AICP CURRENT PLANNING MANAGER DATE REVIEWED BY: RGARET WUERSTLE, AI'C PLANNING SERVICES DIRECTOR DATE APPROVED BY: c~MEPH K. S~TT, ADMINISTRATOR MUNITY DEV. AND ENVIRONMENTAL SVCS. DATE' JAN 2003 / STATE OF FLORIDA: COUNTY OF COLLIER: Permit No. PERMIT FOR CARNIVAL EXHIBITION WHEREAS, Lou Hoegsted, President, Collier County Agricultural Fair and Exposition, Inc., has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct a fair; and WHEREAS, Lou Hoegsted, President, Collier County Agricultural Fair and Exposition, Inc., has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct a fair as set forth in Chapter 10, Article II, Amusements and Entertainments, of the Collier County Code have been satisfied and that such fair exhibition will be conducted according to lawful requirements and conditions; and WHEREAS, said Lou Exposition, Inc., has requested Bond; Hoegsted, President, Collier County Agricultural Fair and waivers of the Carnival Fee, Occupational License and Surety NOW, THEREFORE, THiS PERMIT IS HEREBY GRANTED to Collier County Agricultural Fair and Exposition, inc., to conduct a fair from January 31st through February 9, 2003, in accordance with the terms and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for the following described property: (See attached Exhibit "A") The request for waivers of the Carnival Fee, Occupational License and Surety Bond are hereby approved. WITNESS my hand as Chairman of said Board and Seal of said County, attested by the Clerk of Courts in and for said County this __ day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA: Approved as to Form and Legal Sufficiency: 7yl. Ma~jori~ M. Student Assistant County Attorney CHAIRMAN Part of Block 489, North Golden Gate, Unit 2, Colli~ County, Florida All that part of Block 489 of North Golden Gate Unit 2, according to the plat thereof as recorded in Plat Book 9. Pages 29 through 43, Collier County Public Records, Coil/er County, Florida and being more particularly described as follows: Beg/nning at the Northwest comer of said Block 489: thence along tbe Northerly line ofsa/d Block 489: South 88'08'24" East 2012.89 feet; thence South 1 '53'16" West 1184.51 feet: thence North 88'08'24" West 203~..4 feet to the West line of said Block 489: thence along said West line North 03'27'47, East 914.92 feet: theme ¢ont/nue along saki West line North 01 '53' i6" East 269.95 feet to the Pon~rr OF ~ B~-Gn, rtq~G on the parcel herein descn'bed: subject to easemc,~nts and restrictions of record: (containing 55 acres). Less the following: BEGnqN~G at the Northwest corr~r of said Block 489: theme along the Northgrly line of said Block 489, South 88'08'24" East 635.75 feet: thence leaving sa/d north line, South 1 '$3'16" West 800.00 feet: then~ South 66'02'5Y' West 423.75:n thence South 1'$3'16" West 200.25 feet: thence North 88'08'24" West 279.78 feet to the west line of said Block 489: thence along said West l/ne. North 3'27'47' East 914.92 feint: thence continue along said West line. North 1 '53'16" East 269.95 feet to the Point of Beginning of the parcel herein described: subject to easements and restrictions of record: (containing 15.0 acres more or less) (Demised Premises Containing 240 acres) JAN 1 ~ 2003 Collier County JAN 1 ~ 2003 THE COLLIER COUNTy AGRICULTURAL FAIR and EXPOsTION, INC. Collier County. Fair 751 39th Avenue N.E. Naplesl FL 34120 (239) 455-1'444 Fax: (239) 455-6701 November I g, 2002 Board Of Collier County Commissioners 3301 East Tamiami Trail Naples, FL 34103 Attention: Ms. Susan Murray Re: Request For County Fair Permit Dear Ms. Murray: In accordance with the provisions of Collier County Ordinance No. 75-1 I, we respectfully submit the following information and exhibits witnessing to our compliance to those requirements and our evidences of such, in the form ora petition to obtain the subject permit. A. 1. Logo 2. Sketch of site showing basic location of activities 3. Board of Directors 4. Evidence of public liability insurance 5. Activity description 6. Letter conf'wming refuse service 7. Letter for private john use 8. Letter confirming security from Sheriff 9. Letter confirming emergency services 10. Letter confirming fire safety 11. Land lease authorizing use of property located on Highway 846, North Golden Gate 12. State Permit 13. Tax exempt sheet JAN ! ~ 2003 Board of County Commissioners November l g, 20 Page two B. Waiver of Requirernentg we are requesting the Board of Collier County Commissioners to waive the following requirements of Ordinance #75-11 as you have in the ~ast, because the Fair Association falls under the classification of a non-profit organization. ' I. Section 1 item 3.a, Surety Bond 2. Section 1 item 3.c, Non-refundable Fee 3. Section 1 item 3.~ Occupational License In review offl,e request, should any questions arise, please do not hesitate to contact me at 455-1444. Very Truly Yours, Lou Hoegsted, President Collier County Agricultural Fair and Exposition, Inc. LH:aw Enclosures JAN 1 2003 ,NOT~': 'Please ~read reverse side ''~.'.before completinc, this. "' W/ Petition. Copy: Zoning Director Copy: Petitioner Copy: (4) County Manager Original Form: .11/4/75 CAPdqTVAT. OPERATION PETITION -- PETITION NO.__ CARNY-02-AR-3492 DATE:_. / 2 PETITIONER'S ~D~=SS:-?0'/ &~/~ /4 V'. /,/F ,4/a.,,,/e~.; Fl.. 3qlzo PROPERTY OWNER'S NAME: PROPERTY OWNER'S ADDRESS: TELEPHONE: 'r.~.G~.~. DESC:~ZVTZON OV SU~ZECT P.~OPERTZ: 5e_e. ex h,'/~,'/ ,4/ CURRENT ZONING: CURRENT USE: NATURE OF PETITION: THE FOLLOWING .INFORPLATION IS INCLUDED IN THIS PETITION. · EXPLaNATiON, SEE REVERSE SIDE. ) (FOR 3 .~_. /_ 3.e.!) .~ 3.e.4) ~ 3.b. Y~ 3.e.2) ~ 3.e.5) ~ 3.c. ~ 3.e.3) y 3.e. 6') ~- 3.e.8) 3 3. d. ~ Comments: SIGNATURE OF PETITIONER DATE REVIEWED by Board of County Commissioners: Aooroved: Conditions of Approval: ~.RNY-02-AR-3492 .Disapproved: JAN 1 ~ 2003 I SiGNATU_~E OF COUNTY }LkNAGER Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number 75144 -- IDate 12/10/2002 2:38:40 PM /Pos~ Dat~~ 12/10~/2~"(~0"~"--- Appl Name: COLLIER CO. AGRICULTURAL FAIR AND EXPO, INC. Appl Stage/Status: COMPLETENESS STAGE/PENDING Address: 751 39TH AVE N.E. NAPLES FL 34120 Proj Name: COLLIER COUNTY FAIRGROUNDS Type: TAZ: 191 Subdiv Nbr: 100 Project Nbr: 2001020010 Payor' COLLIER COUNTY AGR. l ~ayment Slip Nbr __ A.L~.~ 3492 .~.e~Description ~ICIRC~- __~AIR & C~-~CUS PE____RMITS Fee Information ~2000000 ~ ~ ~o u~n,,t waivedAmount Total Code Memo: umber Fayments Total Cash Total Non-Cash Total Paid Collier County Board of County Commissioners CD-Plus for Windows 95/NT Cashier/location: MCCAULEYKATY / 1 User: SMITH_G JAN I 6 2003 Printed: 12/10/2002 2:39:07 PM 5 Issue Date 09/30/97 This Certifies That Florida Department of Revenue Consumer's Certificate of'ExemptionI Issued Pursuant to Chapter 212, Florida Statutes Expiration Date Certificate Number 09/30/20'02 21 - 07 ~ 019878- 70C' This 'Certificate is Non-transferable. DR-14 R. 03/97 Type of Organization FAIR ASSOCIATION COLLIER COUNTY AGRICULTURAL FAIR AND EXPOSITION.INC. 751 39TH AVE NE NAPLES FL 33964-1'410 IS Exempt From the Payment of Sales and Use Tax on the Purchase or Lease of Tangible Personal Property, the Lease of Transient Rental Accommodations or Real Property. Florida Departmeht of Revenue Important Facts I L,H. Fuchs Executive Director DR-14 R. 03/97 · Provide all vendors with a copy of your Consumer's Cedificate of Exemption before making tax-exempt purchases. · Your Consumer's Certificate of Exemption is to be used solely for your organization's customary nonprofit activities. · Purchases by the exempt organization are only exempt when the Consumer's Certificate of Exemption is presented to the vendor and the payment is made directly by the organization. Purchases made by an individual on behalf of the organization are taxable, even if the individual is reimbursed by the organization. Transactions by an exempt organization such as sales or leases of tangible personal property, transient rental or sleeping accommodations, real property, or docking spaces are taxable. The organization must register for sales and use tax certification, and collect and remit sales tax on those transactions. Note: Churches are exempt from this requirement except when they are the lessor of rea! property (Section 12A-1.070, F.A.C.). · Changes in the organization's purpose, federal exemption status, or address must be reported immediately to the Department of Revenue. ' UNDER NO CIRCUMSTANCES SHOULD THIS EXEMPTION BE USED FOR THE PERSONAL BENEFIT OF ANY INDIVIDUAL. ANY MISUSE OF THIS EXEMPTION WILL NECESSITATE iTS REVOCATION. If you have any questions or need assistance, please contact: Central Registration 5050 W TENNESSEE ST TALLAHASSEE FL 32399-0100 904-48'7-4130 JAN 1 2003 GENERAL ADMISSION: 12 years & older - $6;00 6-11 years - $2.00 5 years & under- FREE Parking - $3.00 ,CO ,ME TO THE FA_IR RIDE COUPONS-S1.00 Armbands - $15.00 January 31 - Friday February 1 - Saturday February. 2 - Sunday February 3 - Monday February 4 - Tuesday HOURS 5:00 pm- 12:00 (Midnight) 9:00 pm - 12:00 - Moonlight Magic Armbands $15.00 12:00 (noon)- 12:00 (Midnight) 12:00 (noon) - i 1:00 pm 4-H- Day 5:00 pm - 11:00 pm 5:00 pm - 11:00 pm February 5 - Wednesday February 6 - Thursday February 7 - Friday 5:00 pm - i ! :00 pm 5:00 pm - 11:00 pm 5:00 pm - 2:00 am 11:00 pm - 2:00 am ( Midnight madness Armbands - $15.00) February 8 - Saturday Febmary 9 - Sunday ALL TENTS CLOSE AT 10:00 PM 12:00 (noon) - 12:00 (Midnight) Senior Citizens Day 12:00 (noon) - 6:00 Collier County Fair 751 39th Aven~e N.E. Naples, FL. 33964 (813) 455-1444 Activity Desc=tpttou List [. Blue Grass Shows A. 25 Amusement Items B. Concessions 1. Cotton Candy 2. Popcorn 3. Candy Apples C. Games For Prizes !!. Display Booths A. Red Cross B. Ham Radio C. Mental Health. D. Animal Care E. Civil Defence F. Home Econimists G. Hilitary H. Emergency Medical Services i. Women's Club J. Petting Zoo ' A. Agriculture B. Livestock - 4H/FFA C. Horticulture D. A~ ts E. Crafts F. Hobby G. Culinary Arts H. Canning I. Clothing J. Ornamental V. Concessions, Local Clubs, OrGanizations & Professional Groups A.Hot Dogs F. Cake C. Ice Cremm H. Foreign Foods I. Fruit B. Hamburgers C. Sodas D. Hero Sandwich E. Candy JAN 1 2003 All -~ NOU.vona~t , H , IT' d:]l i~ - ~ --,,~ u , ~11 ~ - ~ I ,~ 'lit BIG CORKSCREW ISLAND FIRE CONTROL & RESCUE DISTRICT November 26, 2002 Collier County Fair 751 39t~ Ave NE Naples, FL. 34120 132AO Immokalee Road Naples, Florida 34120 (941) 348-8OO6 (941) 455-1204 Collier County Fair Board: The Big Corkscrew Island Volunteer Firefighters Association will provide fire protection and inspection services during the 2003 Collier County Fair, January 31 - February 9, 2003. The Association requests a contribution of $200 per day to support personnel, apparatus and equipment costs. If you have any questions, please do not hesitate to call (239) 455-1204. Thank you, Division ChiefRita M Greenberg Cc: Chief Frank 0 Kovarik Edward Miller, President JAN 1 q 2003 Collier County Sheriff's Office 3301 Tamiami Trail East Building 'J' Naples, FL 34112 Telephone (AC 941) 774-4434 September 25, 2002 Ms. Ann Ward Collier County Agricultural Fair And Exposition, lnc. 751 39~ Avenue N. E. Naples, Florida 34120 RE: Fair Security. January 31 through February 8, 2003 Dear Ms. Ward: The Collier County Sheriff's Office will provide security for the 2003 Annual Collier County Fair and Agricultural Exhibit. Security will be per our agreement and contract which will bring the Fair into compliance with Collier County. Ordinance, Chapter 8 %, Section 5 (2). I look forward to working with you at the Fair this year and if I can be of any further assistance, please call me. DH: jgm cc: Sgt. J. Mansberger File-Fair ~~. Sir~cerely, , ~ JAN 1 ~ 2003 COLLAR COUNTY GOVERNMENT EMERGENCY MEDICAL SERVICES DEPARTMENT #1 F_~/S SYSTEM/N THE UNJTZD STATES RECOGNIZlm AS THB AND ' #1 EMS SYSIF~IN THE STATE OFFLORIDA 3301 E. TAMIAMI TRAIL NAPLES, FLORIDA 34112 (239) 774-8459 FAX: (239) 775-4454 Emaih http:llco.collter, fllUslems OCtober 22, 2002 Collier county, A~icultural Fair and Exposition %Ann Ward, Fair Dkector 751 39th Avenue NE Naples, Florida, 34120 Dear Ms. Ward, Please consider this letter as confirmation that we would be more titan happy to provide Advanced Life Support coverage for the Collier County 2003 Fair! We would appreciate a calendar with the listed fair dates indicating the hours of coverage needed each day, as soon as possible and no later than two weeks prior to the Fair's start date. All of us here are dedicated to doing our part to help the Fair Board achieve another successful and safe Collier County Fair. IfI can be of any further assistance, please feel free to contact me at my office. Respectfully, Ev SM~Director of Operations COLLIER COUNTY EMS IPP/bb JAN 1 2003 ACORD. CERTIFICATE OF LIABILI'r¥ INSURANCE I PRODUCER (210)829-7634 FAX (210)829-7636 THIS CERTIFICATE IS ISSUED AS A MAt'I I . O9/16/2002 I M_~endel S. Kal~ff Znsurance =R OF INFORMATION O. Box 171225 ~n. Antonio, TX 78217-'8225 Debbie DeHart INSURED Blue Grass Shows, Inc. 2002 -* P*.O.Box 75244 . i Tampa~. FL 93675 i . ._[ .!-c., · ~... , . COVERAGES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT'AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY*THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: ~NSu~R i~:' INSURER C: INSURER D: '"' INSURER E: St. Paul SurpluS':,Lines */:ns. Co TH~ POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO~ INDICATED. NOTWITHSTANDING ,ANY REQUIREMENT, TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT ~ RESPECT TO WHICH THIS CERTIFICATE MAy BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SNOW~ MAY NAVE BEEN REDUCED BY PAID CLAIMS. LTFI TYPE OF ,NSUI[a~ICE POLICY NUMBER ~ ~ '------'------- ~ UMII~, LC05533934 06/13/2002 06/13/2003 EACH OCCURRENCE $ A GEtCL AGGREGATE LIMIT APPLIES PEF~ I PRO- GENERAL LIABILrrY OMMERCIALGENERAL UABILFI~' CLARIS MADE ~ OCCUR: ANY AUTO ALL OWNED AUTOS ' ~..__ SCHEDULED AUTOS HIRED AUTOS _l NON-OWNED AUTOS __~ ANY AUTO EXCESS LIABILIT'f J DEDUCTIBLE ' I RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY FIRE DAMAGE (Any one, ~e} MED EXP (,~W one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMPIOP AGG OTHER ESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSiONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS 1,OO0,00( 50,00~ excluder 1,O00,00C $ 10,O00,00O s 1,O00,000 COMBINED SINGLE LIMIT (Ea acc~:ian;) BODILY. INJURY (Per ;:~'son ) BODILY INJURY (Per accident) - ' PROPERTY DAMAGE (Per accident) ' $ AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACCI AUTO ONLY: ' AGG EACH OCCURRENCE I ! AGGREGATE ,; ! $" ' I )ZTIONAL INSURED: THE COLLIER AGRICULTURAL FAIR AND EXPOSiTiON,INC.; COLLIER COUNTY FAIR )ARD OFFICERS, DIRECTORS,BOARD OF COLLIER COUNTY COMMISSIONERS & EMPLOYEES ~ENT DATES: 1-31-03 -2-8-03 ERTtFICATE HOLDER '~ ADDITIONAL INSURED; INSURER LETTER: COLLIER COUNTY FAIR 751 39TH AVE. NE NAPLES, FL 34120 ::)RD 25-S (7/97) CANCELLATION SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILl ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE ,O[ ,ER NJ~NTo~rh¥ ~)1)3 BUT FAILURE TO MAIL SUCH NO~CE SHALL IMPOSE NO 0 LJGAT~ON OF ANY ~'D UPON THE COMPANY, iTS AGENTS OR REPR; ~ENT~ES. KLC CERTIFICATE OF INSURANCE OB46Ss zo/14/02 Insurance Group, Inc. PRODUCER K & K 1712 Magnavox Way P.O. Box 2338 Fort Wayne, In 46801 INSURED COLLIER COUNTY AGRICULTURAL FAIR AND EXPOSITION, INC. 751 39TH AVENUE NAPLES, FL 33964 COVERAGES CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONI' AND CONFER8 NO RIGHTS UPON THE CERTIFICATE HOLDER. TH THE COMPANIES AFFORDING COVERAGE COMPANY A LETTER GREAT AM]i:RICAN CO. OF NY COMPANY a GREAT ~%~JE~R-ICAN A~SURANCE COMPA LETTER COMPANY C LETTER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, =.EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LCTOF~ 3OLICY EFFECTIVE PO{JCY EXPIRATION TYPE OF INSURANCE POUCY NUMBER :)ATE (IvWI/DD/YY) DATE tlV~,tX3¢¢~ LIMITS (in thousands) . General Liability [] Commercial General Liability [] Claims Made gloccur. [] Owner's & contractors Prot. Automobile Liability [] Any auto AII owned autos Scheduled autos [] Hired autos [] Non-owned auJos ~_~ Garage Liability r-m Excess Liability ' ~ [] Other than Umbrella form PAC0590752700 PAC0590752700 EXC0590753000 12:0iA~4 4/15/02 12: 01A~ 4/15/02 !2:01_Alq 4/15/o2 12:01A/~ 4/15/o3 12:01~4 4/15/03 12:01AM 4/15/03 General Aggregate Prczlucts-ComplOps Aggregate Personal & Advertising Inju~/ Each Occurrence Fire Damage (Any one fire) Medical Expense (Any one person) Participant Legal Liability Combined Single Limit Bodily Injury fper person) Bodily Injury ['per accident) i Property !Damage NONE[ $ 5000] s 1oooi $ 1000] 1 $ lQ $ 1000 $ $ Each ! Aggregate Occurrence I $ 1000 [ $ 1000 Workers' Compensation and Employers' Liability Participant Accident DESCRIPTIONOFOPERATIONS/LOCATIONS/VEHICLES~ESTRICTIONS/SPECIALITEMS EVENT: FAIR & EXPOSITION DATES: JAN.31,2003 FEBRUAI{Y 9,2003 LOCATION: 751 39TH AVENUE CERTIFICATEHOLDER Statutory $ Each Accident $ Disease-Policy Limit $ Disease-Each Employee AD&D $ Primary Medical $ Excess Medical $ Weeldy Indemnity $ X FLORIDA DEPT. OF AGRICULTURE & CONSUMER SERVICES, DIVISION OF MARKETING & DEVELOPMENT BUREAU OF STATE FARMERS MARKETS 641 EAST TENNESSEE ST T~LLLA}{ASSEE, FL 32308 SL39 CANCELLATION SHOULD ANY Of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION ~ ,-. ,4;....~,,~:",~.'.~E ISSUING COMPANY WILL ENDEAVOR TO I AIL WRITTEN NOTICE TO THE CERTIFICATE HQL~/~R~ TO\ THE LEFT, BUT FAILURE TO MAIL SUCH I~ )TICE NO OBLIGATION OR LIABILITY OF Ar Y' KIJ',I~,U,DON THE COMPANY, ITS AGENTS OR REPRESENT,~ 'IVE,~N 1 ~ 2003 NOV-21-02 ~U 1! :22 ~ F~ NO. P, 02 =RODUCER CERTIFICATE OF INSURANCE K & K Insurance Group, Inc. 1712 Magnavox Way P.O, ~: 2338 Yox~c Wayne, In 46S01 INSURED COLLIER CO~NTYA~ICULTUR~ EXPOSITION, INC. 751 39T~AVENUE BIAPL~S, FL 33964 SXN 0860155 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY' AND CONFERS HO RIGHTS UPON 1'HE CERTIFICATE HOLDER. THIS CERTIFICATE DOE8 NOT ANIEND, ENrEND OR )J. YEA THE COVERAGE AFFOR[~D BY THE FOUGIEB BELOW. COMPANIES AFFORDING COVERAGE COMPANY COMPANY _LETTER COMPANY LETTER GREAT AM~RICJd~ CO. OF 'NY OREAT AMER/CAN ASSURAI~CE COMPA C THIS k9 TO CERTIFY THAT'THE POUCIE8 OF INSURANCE LISTED BEkOW HAVE BEEN ISSUED TO THE IN,.IURED NAMED ABOVE FOR THE POLICY' P~RIOD iNDIC, ATI~), NOTWI'fI.~TANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WrTH RESPECT TO WHICH THIS CERTIfiCATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 18 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMIT8 SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO, LTR TYPE OF INSURANCE POUCY NUIWER I~ [] ¢ommmr~ c~nsn~ Liability [] Claims Made -1 Owner% & contractors /I I Scheduled autoa e L~ B PAC0590752700 PAC0590752700 Ex~.e~.~. Llal~ily ~ [] Other than Umbrella form =~X.i~Y EFFECTIVE DAT~" (1~ 12:0LAM 4/~/0~ 4/~5/o2 Workers' Emp~¥ers' Patficlpant Accident EXC0590753000 FOR THE FAIR DATES:JAN.31-FEB,9,2003 CERTIFICATE HOLDER 12: 01AM ~f~to~ 12:01AM 12:01AM ~1:.51o3 12: 01~ 4/~5/o3 LIMITS (in thom~nd~) ~neral Agl~regale Produ~la-ComlNOps Aggregate Pumom~l & Advertising Injus, Each Oc~irrenc~ Fire I:mrtm~ (Am/one lire) Combined ~tn~le Limit InJur~ Bodily Inju~ (~r ~denl) Pr~ Damoge ,~edic~[ Expe~e (Any one I:~Ymon) I Pa.iciplni Legal Llab,'lIly { $ !000 $ I IS ~ON~ $ 5000 $ ~_o~ , zooo $ 300 $ 5 ~ [OOg occLl~re~tco I Agg/ogJle $ 1000 _$. =1000 Statutory $ Each Accident $ Oisease-P~licy Llmil $ O~e__-_e-Each Employee_ AD&D $ PrOmar7 M~ical Exce~ Medical $ DE~,C~i;.'Fk~ OF OI~-RA~-~A~N~I-~"'I.E~mCTIONS/Sr~ECU~L ITEMS I W~y I~mni~ THE ~RTIFI~ HOLD~ IS LISTED ~ ~ ~DITION~ INS~ED WITH. RESPECTS ~ THE LI~ILITY ~IS~NG OUT OF T~ ACTIVITIES ~ OR OPE~TIONS OF THE N~D INSURED COLLIER COUNTY BOARD OF COU1TTY CO~94ISSIO~q~RS 3301 EAST TART3941 TRAIL NAPLES, FLORIDA 34112 ATTN: RISK M~AGEM~NT $ X CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBEi CANCELLED BEFORE THE EXPIRATION DATEi I~$UtN~ COMPANYWlLL ENDEAVOR TO MAIL WRITTEN NOTICE TO THE CERTIFICATE HOL THE LEFT, BUT FAILURE TO MAIL SUCH NOTI~ NO OBLIGATION OR LIABILITY OF ANY K COMPANY, ITS AGENTS OR REPRESENTATIVE: ALrr~c~IZEO R=_.PRE$~I'~TiVE ~" ~ i o1~ 201 SHALL IMPOSE ID UPON '..7 TI. liS LF. ASE M;I~EI, IL'~r 1. eutsred int:o th~l~ 47 o,~ ~/..~ · 1986, becveen the COLLIER CGUNII' PAll[ ANi) AGRZCI/LT1t'i~tl. F-.XZ~SZZZON, INC., herelaa~ cer reEer~ed Co ss #LESSEE~, ~ad I~he BOA~U) OF C~UNT'E COHHI$SIONE~S OF COLLIEI CO~, ~A hezei~cer ~e~erzed "LESSOR", and seca ~orth the te~ ~ conditions Eot utll~tion o[ p~opert~ located ~n O~aagec~ee, a~ North goZde= G~te, Ear the purpose o~ operating a [a~ound ~acill~7. ~ I TN E S $ETH A~TICL~ I. Decutsed Premises " In cooslderatloa ot the pa~eat o~ rea~s, services Co the co~uuity and facilities provided /or co--unity usa a~d the pe~o~nce of the covenants 'K~reloa~er sec ~octh, LESSOR hereby leases Co LESSEE and LESSEE hereby rents ~ro~ L~SOR the property described ~ ~hibi~ "i", a~ached hereto and ~de a pe~ ~re~ ~d herel~aite~ ~lled the "Dca!sed Pre=~ses", s~ua~ed ~ the County oE Collte~ and Scats oE Florida, fo~ the purpose oi ~pera~in~ a i~ir~ouad iac~t~y, vlch ~he North Colden Oa~e P.U.D. dot.enO as recorded ~ the Official Records oi Collier County, O[ftciil Reco~d Book 1180~ Pages 1561 through 1599. ~ls purpose Is co be coneide~ed a recrea~ioul Community Development ~lvisiou o[ Collier County. ~T/CLE 2. Te~ oi Lease To h~ve and ~o hold [or a tim of 1t~C7 (50) 7ears, to co~eace . &~TICLE 3. ainimum Ren~ LESSfE hereby COVenants and agrees co pay as rent for Cbs De~sed Pre=Lses the sa= o~ One Dollar ($1.00) per annum, all o~ ~hlcN ~hall be due and payable ~n advance on the daKe of execuCiou o~ chis Lease AKreemenc by LESSOR. A&TICLE ~. LESSEE'S ~efault in Payment JAN 1 2003 In the event LE$SE£ f~afls co pay the reheat, Ieee, or char~ee required under the prov).etooa oK this Lease Agreement, such failure Co pa~ shall constitute · def~auLC end L£$:OR uy, ec Lea option, Cermin&Ce this Agreement a/tar uLAeC7 (~)O) date vr/cceu notice Co LF-.SSEE, uuleaa the detaulC be cured vLchin the notice period. Af, TXCL~: §. ~r~dif~icaCiona Co Deu~tsed Pr:tar' to mmk.in8 an7 changes, alterations, additions or tmpco~v*eueuca Co the Demised Premised, ocher chart chose sho~ru and described fu Cbt mica plan attached, heretflatter re,erred to ss £xhibtc **B'*, attached hereto and nde · part hereof, LESSEE ~rill ptovlde co LESSOR, in victim&, proposals and pious ~or execrations, Improvements, chaoses or sddZtZoua co the Oe~laed Premises for LESSOR'S ~rcttcen approval, apecL~yLu$ the nature and extent of the des:red alteration' Laprovement, chanae* or addtttoc, axon8 rich the contemplated starting and completion CLa~e such project. LESSOR or its designee vii1 :hen have thirty (30) day· vith~u vhlch to approve or deny Lu v-citing said request for cbs=aaa l~pro~e~en]:~', al:stations or additions. Ii a£ter thirty (30) days there h~s been =o response fro~ LESSOR or its designee to ·aid p:opos&la or pLazLa~ then such si]·nce shall be deemed as de.nlal Co such request LESSr~. If upoo obtaining vTltten cuu~eac and ccn::=eac~.a& ·aid ch~ules~ al:·rations, addttloos or l=prove=ents~ LESSEE ialls :o complece its york vichia the ~:o~rpletton :Ire as approved by LESSOR, LESSOR may aC election co,,piece said changes, improves·nfs, alterations, or If any costs are incurred by LESSOR as the result of LESSEE'S failure to beach, start or complete the proposed PrOjeCt and by LESSOR*S co~pleCion of the proposed project, then upoo demand and ~ithln thirty (30) days o/ Ch· demand, LESSEE shall pay to LESSOR the amouot of cost incurred by LESSOR. No election to per/ora by LESSOR shall constitute velvet covenant or obllaation of LESSEE or any future default. L.SSE_ covenants and agrees tn c~nneccion v/th any maintenance, repair ~'ork, erst:ion, construction, i-'~rove=ent, addition or Rlterstion si an~. authori:ed =odi.~tcstions ~ , sdd.t.ons ar i~provemen:s to the Demised Pre=tees. Including those described .sod shu~ in Exh£b£t "B", to observe and co~pl}- ~Ith all present, and ~uture lama, ordinances, rules, reKula:Lons, and requirements st' the United StRcea o~ America, State Florida, County of Collier, sod anv sod all goverru=entsl aRenctea' JAN 1 2003 Al! gltgrstto~a, top'rovenents, end sddLtlons to geld i~reuLgss shall be Mde In accordance vLth iA~ aPpl~cabZe Xavo iud nc ones. vhen ~de or Lnacs~ed. be deemed aa attached Co the freehold and Co hav~ bec~ property o~ LESSO~ and sbaZX teuXn ~or the bcns~XC L~30R at the end of the ~e~ or other expiration o~ te~lnat~on of thb Lease ~ as '[~d order ~ condLcLoo aa Cbs7 vets vhcu Installed, .feasible v~r a~ tear excepted; provided, h~eve~, ~ pT~o~ ~o ce~a~ou si th~a.~use, or ~h~n n~nety (90) days chereef~e~ so dLrecc8. ~S~ ohs~ pronpC~ re~ve ~he additions. LuprovemenCo, a~er~Clons, f~Cureo and L~a~ac~on8 vhLc~ ve~e pZaced tn. on or the Demised Fr~ses by L~SEE ~ vh~ch are desLg~ced In saLd nocLce, and repaLr any denis occass~oned Co the DemLsed Pre~ses by s~ch and ~n de~uZC Chereo~. ~SOR ~y e~ec~ ~aLd ~e~va~s and repaLrn ~TICLE 6. Access to D~sed Pre~ses L~SOR, ~ts du~7 autho~zed asante' reptenen~K~vea and shall ~ve'~'he ~Sht, a~ter rea~b~e not,ce to ~ESSEE. co enter and upon the D~aed PrUnes o~ anF park thereof aK a~ rensoa~e ~or the pu~ose o~ ~g repairs and for the purposes si tnspe:tton for co~ance v~th ~e pro~ato~ o~ t~a ~ase A&~eemenc. ~T~g 7. ~at~t ~d Sub[etttn~ LESSEE shal~ have ~u~ rtgh:s and respouatb~l~Ky to contract ~or the per~o~nces, concessions nnd uses vhlch are :o be conducted aK the Demised Premises. 'In the creak :hat a per~o~nce, ac:~vlt7 oF use requtres thnC LESSEE sublet the Oe~sed Pre~oes ~ ~hole or In part~ .... ~ ........ or any consecutive s:x (6) ms,th ' te~s. such sublet sha~l be subject to the te~a and conditions o~ th~s Agreement and prior w~l:ten'apptoval ~'ofSLESSOR. ~lch approval shal~ nsc of ~hio'Agceemen~ bur shall7 JAN 1 q 2003 ARTICLE 8. Nalucenence LESSE£ shell, ac Les sols coac end expense, keep the Den/sad Premises c[eao, ecCracCXve and In good condXcLan lc &l! c~Jee. X! seLd Demised frcaLses ere aec k~pc clean, sccrnccLve end In loud condition Ln the opLulou of LESSOR, LESSEEeS uauager vll! be so advised In such oocLce, LESSOR uny cause Cbs same Co be cleaned end corrected end LESSEE shall sseuue and pay ell neceaaer7 caeca and such caste shell couec~cuce ~ddlclone! rent vh~ch aha1! be paid by LESSEE vLch~n can (10) A~TICL£ 9. ~ode~nlc¥ aud Zasu£auce L~S$££ coovenaocs and a~ees CheC iC v-L1! defend, pcoCecC end save and keep L£SSO~ £orever hat'~leaa and ~nde~tn~f~ed 'aga~.n~c and frae permit?, d~--~e, tnJurz costa, or charges ~mpo~d for any v~o~a~o~ of nay ln~ or ordinance, vhecher occasioned by ~he neF~ec~ of L~SEE chose holdLn~ under L~SEE, and ~C L~S~ ~11 aC all C~s defend, procec~, l~er~fy and save a~ ~ep havens ~SOR a~t and ~r~ cla~, lose. ~nJury. coats, de.ge or expels a~n~g ~C se or from any accident or ocher occurrence ~ o~ ab~c ~be Oe~s~ PTe~seo ~urln~ ~he ce~ of this Lease or ~7 extension heres/. ~e ~SEE a~eea Ko c~ke cuc and ~n~a{n v~Kh a' rep~able ~n~rauce c~p~y, l~ ~cs ooze coec and e~pense, pub~{c ~{nbSZ~Cy ~urance aGn~ns~ p~ope~y d~ge or persona~ {nJur~ a:~s~ag ouc 'se or gr~$ng ouc o~ Khe use o~ or occur~n~ on ar abou~ ~he Oe=~sed Pram{sea. ], ag 8ucn 'OChec Collier Cou,cv co be provided i~curJnce.*coverege ~s.-~t.-~~~ ~n soy event, the a~ounc o~ protection offocd~d Collier County by LESSEE abal~ reelect a standard COvecoEe amount as required by ch~ ~SSOReS JAN 1 4 20 3 ~lna~emenC DeperCmeoc, du~lo~ Che Course o~ Ch~l I. dael Agcem~C. C~ll/sc Count7 shall be l/iced as an additions! insuc.d o~ lltd poiLcT. ~1 insurance policiel required above shall be illUad lad b'ciCCao rich · co-pan7 nc compsn/es authorized co eng~gs in Chi b~JJzael o£ leoirm! ZiabLXLc7 Lalu~dac~ ~ the Sc~Ce o[ ~ZorXd~ ~nd ~uChoc~ed Co do~l~lll u~lr the isys o~ the Scare ot rlocid4, rich the foiZ~i~ q~eZ~LcicXw · Ii Co uuig~eac tad ~inanc~i ~creuich: The company muse be raced no leis Chin ss co ~lnanclal rsclng lo accordance rich the laces~ edition of Besc's Ke7 RaCing Guide published by ^.H. Best C<~npany. Inc. ~ LESS~ stress Co ~ke no chan~e,, or c~cel~ctons o[ Cbs i~urance vl~houc thirty (30) days prior vrtC~en ~cice ~o L~SEE sh~ll also ensure chac ~he instance coverage p~ovided accordance vi~h ~his Lense shall requl~e CMO ~he c~pn~ or c~pa~es ~t~g such ~surance POllo7 shal1 provide co LESSOR ~iKKen ~Cice cancellaclon ~hircy (30) days prior co the proposed cancella~io~. LESSOR rescues ~he fish~ ~o reasonably aaend ~he insurance ~equi~nKs iss~nce of notice in vrlcln~ co LESSEE, vhereupon recelp~ of such no,ice LESSLE shall have thirty (30) dsys ~ vhlch co obtain ~ch additi~n~ insurance. . · .-. If LESSEE cannot obtain required insurance as scared herein for period noK co exceed three (3) consecutive yearn, LESSOR ~y, ac iKs option, ~e~tnace chis X~reemenc nfcer ~hlrcy (30) days written notice ~o LESSEE. unless the default be cured vl~hin the notice period. Under no circumstance ~y LES~E opersce in any capacity no ~he De~aed Preuimes until such ~l=e ~he required ~nnurance has been provided LESSOR. JAN 1 2003 J~T[CI.~ I0. UCtlLCLec and Services AJ.I ucLZlCLes and se~",d, ces, ~aclud/nl~ 1atrial hookups aL sepctc ~ad sZeccglc~c), shall be the re,ponsLbllcy o[ che LE..SSEZ. LESS~Z shall bt rssp~n~tbZs [or the dtrecc pa]~eoc co Ch, appl~opr~.agl compau [or all uclllC/e, ond services ~uppiled co the D,mls,d Pgemt,ei. ~uch uC/11c/~ ~d se~c~s ~e ~v~ll~ble L~SSOR ~y r~qutr~ L~S~ Co hook up Co public vaca~ and sever Z~ne~ ac LESSKE~S expeu~e. ~Tt~E 11. Jo~c Use of Demised Premises. LESSEE agrees ~o a11~ L~SOR, ac no coac co LESSOR, Co uae D~aed Pre~ses~ vheu uoc occupied by L~SEK. Such uses ~y Include. but are hoc l~ced ro..~-H aCtiVities, recreacto~l progr~ ~d educec~o~l uses. Prior co achednltn8 o~ events, LESSOR sheZl provide co ~Cln8 a proposed schedule a~ event for LESSEE'S ~tccen ~ppr~al epecl[~ng c~ and event Co ra~ p~ce. L~SE~ or ice deat~ee then ~ve chtrcy (~0) ~ys vlchln ~tch Co approve or ~en~ tn seld request for use o~ De~sed Pre~ses. ~ nicer chtrc~ (~0) there has '~eu no respo~e ~r~ L~KE or 1cs dee~8nee co eeld chert ~ch s~ence 8hall be dee~ed ae de.tel of such requenc oE LESSOR. L~SEK shall hoc unr~enabl~ utC~old 1cs consent r.o suc~ re~ueace~ event or schedulln~ by L~SOR. LESSOR ~I~1 ~n ~o ve~ c=nf~c= or c~ece ~Ch LESS~'.S ecClvtCtes. L~SEE a~ees Co ai1~ Collier Ceunc7 Agricultural Depart=eric piano crees on De.seal Premises. Areas s~a~l be e~reed upon percles prlo~ Co an~ plen~tng on De.seal F~e~ecs. Co~Ller ~=lcu~cu~z~ Depar~enC seethes fu~1 respons~b~tcy for the =a!nca~auce and ca~e o~ said ~gees. These ~ecs ace ~o be used for c~e purposes reseerch and study. LESSOR agrees Co n11o~ the LESSEE Co u~e all or p~c o~ Che p~g du~lng the regularly scheduled Coll~er County Fair. except in the ~ttuacloa ~here fair parktn~ vou/d create an undue hacdehlp and incecfertuce rich regular business acc~v~cies on adjacent propeccLee, ~hich case notice ~iZ~ be given ~o the LESSEE, in vrittng, by the L~SSOR. LESSOR and LESSEE agree that ~he use o~ the DemLaed Preml~ea {oc cbc bene[LC of the general public. To better se~e the neede ~eneca~ ~ub[Lc. LSSS~E ~Erees ch.~c LESSOR ~y ,te~'e[op aooro~ .... ~.. ~,._ JAN 1 2003 (~) acres o[ Cbc DemLsed ~rc,,laes v~ch racr:eecLontz f4c~l~clca. exact locl~o~ o~ the flcLILc7 IhaZZ b~ deCe~u~d b7 ~Cu~Z becveeu LESSOR and L~SSE~. faclLLtLe~ me7 ~nclude, buc are hoc Z~ted co: tat loc~. pLcnLc ~ac~Z~tLe~. park be~ea, reicg~ · pproprlace 1LshcLng, ]og8~nK pech~, ind exegcL~e ~CLoom, have coacroZ over the uae o~ the facilities ~Ch the u~ereC~ln~ thc e~Cen~ou o[ oche~ ~pcovemeflcs couaC~cced on the De~eed F~aee ~d ~7 be uc~ZLzed, ~here appropr~ce, co 8uppo~c LESSEE'S areas, as parc o~ chis recreaclo~l [aclllcy or an7 p~rc of Preaises shall be consc~cted vlCbla ~.o (2) years tr~ the dace o[ cbc execution o[ chis Lease Agreeaeuc. LESSEE and L~SOR shll a~ eq~ll~ all ~lace~nce cosc~ oE said lake. such ~e~nce aba~ b~ the L~SOE. Fur~he~e cvency five perc~c (251) of re~ved E~ the ~ke shall belong Co and be used by ~he L~SOR. spoil shall be used ou the Demised PreSses. ~TICLE 12. Defaults by ~allure og LESSEE co c~=71y ~ch any provision or cove~ ~re~euc sha~ conscience a de/auld. L~SOR u7, aC resinate Chis Agreement a~Cec ninety (90) da~s vrl~Cea ~oCtce u~less the de~aulc be cured v~Chln the noclce perlod (or ~ch sddlcto~ rime as la reasonably ~equired co correct such default). occurrence o~ any o~ the lolloulng events sh~ll co~sclCuce LESSEE, and LESSOR ~y resinate chis Lease Asgeemenc nocvt~hsc~dl~ provisions oE Arclcle 12 herelr: (a) Aba~do~enc of Dee~sed Pzemlses, revocation or dlssoluc~n o~ charter, or discontinuation o~ LESSEE~S operaCloa, except provided for In Article 9 of Chis Agreement. (b) ~alsllic~clon b)* LESSEE or any o~Icer or authorized LESSEE o~ any :spore required Co be ~umlshed co LESSO~ pursuan~ ~o the ~er~s of Chic Leaoe. In the event o( ~h~*~ccurrence of any o[ ~he ~oregoin8 ohio Ar~icla 12, LESSOR, beoldes ocher rlghca and remedies It ~7 have, JAN 1 q 2003 shall have the Lamedtate right Co caeca! thta Lense end rc~ove al! persons nod property from the Demised Premises. AAT[CLE 13. ~efault by Lessor reeucar ~aa LESSOR ehel! Ln ~ event be charged vtth deEauJt ia Cbs pmtEor~a~e o~ Jay of Lie oblXgetXona hereunder u~ese lad utL~ LE~$Ol I~ ~e sdditioaa~ t~e as ts reas~abl7 required co correct ~ch default) ~ter notice to LESSOR by LESSEE ptopet~y spec~fyin8 vhereLa L~SOR has failed :o perfo~ any such obl~saC~ous' ~TZCLE ~&. ~ottces ~7 aocice'vhtch other party sha~l be addresses: L~SSOR or LESSEE ~ay be required to Live to the in ~rritLag to the other party at the foLlo~r~g Oriliaal to: Collier Couot7 F~nager Buildiu$ "g" Co77 to: Real ~ropert7 FLaoagement Oepartmeot 3301T~,~l~ Trail East Building "D" Naples, Florida 33962 Collier Cou~t7 FaJ. r ~d Agricultural Exl~ositl~r~' T~c. P.O. ~ 737 ~aple8, ~lorX~ 33939 ARTICLE L.~. Surrender oE Pre~tscs LESSEE covenants a~d sarees to ~eliver up and ~utzender to L~SSOR possession o[ the De.sad Pre~ses and a~y ~ov~encs Co the D~s~ Premises upon explra:iou of Chis Lease, or ica earlier taxation herein provided, broom clean end 1~ as good condltlou and repair is the sane shall be ac the co~euc'emeut o[ :he te~ oE this Lease o~ been put by LESSOR or LESSEE during the continuance theteo~ vest and tear a~d damage by giro or :he elements beyond ~SSEE~S excep:ed. ARTICLE 16. Coodemnacioa Clause I~ the vhole property of the De.teed Premises shall be taken or condemned by any compeceot authority for any public or quasi-public use or purpose, then In :hat event chin Lease and the term o~ this Lease hereof shall cease and terminate ss co the date upon vhich the title shall vest thereby fn such authority sad the re~c hereunder shall be apportioned sad paid up to*~ald date or the date la ~hich L£SSEE~S business ts materially impaired, vhichever ia earlier. 4 JAN 2003 ...... ~[ only 8 parc o~ the Demised Preu/aas shell be so taken or condenmed, Chis Lease and Chi cern'of Chis Lease hereof shell usc ce, se or Ca.ru/n~ce, buc tho rent Payable hereuuder a/tar the dace on vhicb LESSEE shall be required to surrender POSsession of chi parc De~/sed Pre.Lees so Cakeu or COude~ed ohol~ be reduced proporc~onacel~ · o of the dace si such coude~aC~ou or dace ~u vh~ch L~SZE'S ~cerl~ ~psL~, vh~chever ls earlier, l~ chi re~u~n~ PS,C/on bus,ness, L~SS~ u7 cancel ch~s Lease by uno,lying L[SSG~ ~ch~n o~ecy (90) da~o o[ cbe ca.ag of a~l or portion o~ the ge~sed Pren~ses. Zn ~he event of any such cakln8 or co~de~clou iff ~hole or chi encl~e av~rd shall belong co LESSOR vZchour any deduce!on ~= the value se the unexpired te~ o~ thio Lease. or EoF an70the~ estate or l~te~e8t 1= the De~eed Pre:Iee8 uny oF hegel,s[Keg vested I~ LESSE~. Furthe~re ~SEE hereby ~81Bun to the LESSOR all o~ ~e conac~ed Co pe~r chi L~SOR to ~ke appitcaCio~ er tint= receive rich respect co e~a~d ~de ~or ~Vlng eXpeusea l~ ailo~auce respect Co Crude f~c~ree and equipment belonging Co LZSSE~. ~Y re-cous~c~ou required as a gesul~ of a~ takl=~ as couceuplared herein shall be ac C~e Sole cost and expense o~ the LESSO~ t~ coupeusaced by the caking ~uchorlcy for sald T~ls Lease 8hall be 8overced b). and cousCrued In accordance ~TICLE 17. C~neral Provlslo~r ~ESSOR a~d LESSEE recognize ~he~ Co111e~ Cou~c~ (~SSOR) octgluali~ acquired Chi Deml~e~ Fge~seo through a couveyance by chi DevelOper chi OFangec~ee Plsu~ed Unlc Development ({o~11~ ~o~ es ~orch Coldcn Care) lu acco~dauce with development co~l~uencs applicable o~ t~e Orangecre~ Planucd Unit Developmen~ or a third part)* ~y such XXc/gacion reauXcs In · req-iremenc Chac Call/er Couac7 (L£SSOR) rsconvey the Demi,ed PreaLae, co the Developer. this leass shal! bo c,mXrJced Immediately upon such reconveyanc, and L£SSEE abaXl LE~$Eg fully under,rend( chac the police (od lay leCarLC7 protecting provided b7 lay en[occemonC agent/e( ~o~ the (boTt re[sreaced De~Xsed PremLsel XI l~ced co ch,c provided Co ~n7 ocher buniness or ·gency situated Xn Collier County, and ac~lediel C~C aa7 specla~ securXc~ neasucen deemed mercenary for addXClo~Z p~ocecCXou the D~1sed Pre~es shall be the sole respoualbX~X~y and coaC of and sha~X ~voZve no coac or expels ~o LKSSOE. LESSEE expressly agreen for i~ne~, ice succeneor a~ adair. re~ra~n from any uae of ~he De~sed Premises vh~ch vould ~cerfer~ or adver~e~7 a~fect ~he operation or u~ntenance of LESSOR~S e~dard operations o~ adjacent property or ~ere ocher operaCio~s s~re facilities u~der one (l) L~SEE"sha~ not c~c, or ail~ to be co~IC:ed. ~y vance on Denised Pr~ses, create or allow a~y nuisance o~ the De,ned Pr~eea uae or ~l~o~ the D~laed Pr~es co be used as ~y unla~ul ~o~e. L~SSOR a~a~l no: be required co ~u~ah c~e LESSEE a~y ~acl~:~ea ae~tces og any k~d ~tsoeve: during the te~ of this Lease~ ~ch but hoc l~:ed :o, racer, e~ectricl:y, light and po~er, garde~ng ~d outdoor ~lntenance. LESSOR shalX hoc be required to ~ke ~y a~Cerations, rebutldLngn~ rep~cenencs, changes, additXona, or repairs during the naid cern of ch:a Lease. The LESSEE ~ill hoc incur any indebtedness 8:vlng a right to ~ cia~ o[ ~len on the Denised Prenises or upon the LESSEE'S interest under the Lease. ~e ex~acence o~ a~y such cla~ o~ ~le~ got · period In excess sixty (60) days after ~riCCen notice Chereo~ to LESSEE or sLxty (60) days =:cer kno~edge thereo~ by LESSEE. shal~ constitute n mecerta~ breach chis Lease. Upon kno~[~d&e or notice LESSE~ nhall have enid c~al~ of l~en removed o~ record vtthtn sixty (60) days by payin8 or bond~& same. - . L ss0 JAN 1 2003 made by the L[SSEE loc AtCeraCton. X=provemen~s, recon~Ccucc~oQ oc repair of the Demised ~remlaes aha1! be ac LE$SEE'S Expense, and the product t'he york eh·X! become · pert al the Demised A lendLns institution or beak, authorized Co do buaLne·a Lfl SC3ts of Florid·, "7 succeed co Cbs rtihta of the LF~$~E tn . pXedie of credit sad vi1.! uoC constitute · default u~der chis Upou co~mencenenc of the ZnLCXs! team of ChLa Lease, LESSEE absZX operate I faLrKrouud facility ss described above on the Demised Iff . businesslike and reputable neunet. LE$SE£ covenants aud Saree. eot to Use, occupy, suffer or per.Ct aa~d Oen/aed ~rentees or soy part thereof to be used or occupted loc any purpose other than described abo~e. ~R. TICLE 18. Effective Dace This Lease Agreement shall bec~e effective upon execution b7 LESSOR a~d L~SEE. IN VITNESS bq~-REOF, :he parties hereto have hereunder eec forth their ~ands sod 's~aLs. AS :O 2'EE LESSOR: (CORPORATE S~L) COLLIER COLr~'L~ FAIR AND AGRICULTURAL F_v~OSiTXON' IRC. CONNELL, President LESSEE Approved as to fo~ and legal sufficiency: ~ssiscnnC County AttOrney AGENOA DT:M JAN 2003 £ JAN 1 q 2003 STATE OF FLORIDA DEPARTMENT OF AGRICULTURE & CONSUMER SERVICES TALLAHASSEE (850) 487-4322 F/tlR PERMIT November 23, 2001 No. 0118 Application and paym ent of fee in the amount of $2 75. O0 having been made to the Florida Department of Agriculture and Consumer Services pursuant to Florida Statutes 616.15, for a pertnit to conduct a public fair or exposition, and having been determined to be qualified by the Department, this Fair Permit is hereby issued to: Collier County Agricultural Fair & Exposition, Inc. 751 39th A venue Northeast Naples, Florida 34120 to conduct a pubHc fair or exposition at: 751 39th Ave. N.E., Naples, Florida for the dates of February 1, 2002 through February 9, 2002. Form420608-099 1/93 CHARLES H. BRONSON COMMISSIONER OF A GRICUL TURE JAN 2003 TAX EXEMPTION CERTIFICATE Having been shown proof that the Commissioner of Agriculture has issued Fair Permit No.0118 to Collier County Agricultural Fair & Exposition, Inc. Name of Fair Association under Chapter 616, Florida Statutes, this TAX EXEMPTION CERTIFICATE is hereby issued to: Blue Grass Shows, Inc. Name of Owner d/b/a Same Trade Name P.O. Box 75244 Tampa FL 33675 Address City State Zip This Certificate exempts said traveling show from payment of all Occupational Licenses while operating traveling shows, exhibitions, concessions and other amusement enterprises as defined in Section 616.12, Florida Statutes, in connection with the fair conducted by the above named '-=air association at: 751 39th Ave. N.E. Naples Collier Place of Performance (Street or other location) City County 2/1/02 Opening Date Date of Issuance Collector 2/9/02 j~~Closing Date County Form 06-102 11/94 INSTRUCTIONS: Execute in quadruplicate as follows: White/Applicant Yellow/Tax Collector Pink/Sheriff Gold/Dept. of Agriculture & Consumer Services / AGE. NOAI~ Division of Marketing & Defel~men~l~ 541 East Tennessee Street Tallahassee, FL 32308 JAN 1~ 2003 :Col I FRX NO. D[C~-IO-~OOZ. TU~ ll;ql Frl ~R,STE U~I~OEI~XT Dec. F6X NO, WM 1002743 - N8 RENEWABL~ ~ 'a NUMaE~, WM 1002743 Par*Tea EXECUTIVE SUMMARY APPROVAL OF ONE (1) IMPACT FEE REFUND REQUEST $3,970.00 AS A REBUILD FROM A HOUSE FIRE TOTALING OBJECTIVE: To obtain Board of County Commissioners approval of one (1) Impact Fee refund request totaling $3,970.00 CONSIDERATIONS: Following recent discussions between county staff and the staff of the Clerk of Courts, it has been jointly determined that requests for impact fee refunds will now be forwarded to the Board for approval. Until recently, such requests were approved at the Division Administrator level; however, no County regulation expressly gave such authority. Staff is presently preparing an ordinance to amend Ordinance No. 2001-13, as amended, the Collier County Consolidated Impact Fee Ordinance, which is also Chapter 74 of the Collier County Code of Laws and Ordinances. Among the various updates to administrative provisions regarding impact fee assessments will be specific criteria and procedures for processing routine and non-routine requests for impact fee refunds. Apple Development Corp. ($3,970.00) - Impact fees should not have been assessed on Permit No.2002090904. Property was vested for impact fees due to a previous home existing on the property located at 5751 Cope Lane that was demolished because of a fire on Permit No.2002081853. FISCAL IMPACT: The recommended Impact Fees refund will be transacted as debit entries against the applicable revenue budget line items in the following amounts: Road Impact Fee District Two (East Naples) - Community and Regional Parks - Library o Emergency Medical Services - Total: S 2,433.00 $1,195.00 $ 238.00 $ 104.00 $ 3,970.00 This refund will not adve' sely affect capital project funding. GROWTH MANAGEMENT IMPACT: Remittance of the requested Impact Fees refund will not adversely affect capital project funding. RECOMMENDATION: That the Board of County Commissioners approves the requested Impact Fees refund request, totaling $3,970.00; and that the Board approves any related budget amendments that may be required. ". ,~Ae~'s~Arr~~" [ JAN 1 ti 20'33 Impact F~e$ Refunds Page 2 SUBMITTED BY: <~--~/~ Date:. 1~. Ti~da~'fmpact Fee Coordinator Cseph Sch~itt: CDES Divisior, Administratoi' Norman E. Feder, AICP, A~(nistrator Transportation Services Division JAN 1 ~ 2003 APPLE DEVELOPMENT CORPO TION 2033 TRADE CENTER WAY NAPLES, FLORIDA 34109 (239) 598-1274 FAX 566- 1719 December 5, 2002 Ms. Paula Fleischman Collier County Development Services 2800 North Horseshoe Drive Naples, Florida 34104 Impact Fees for Permit #2002090904 John and Patricia Cope 5751 Cope Lane Naples, Florida Dear Ms. Fleishman: We respectively request a refund of impact fees applicable to the above referenced permit due to the history of this property. As you know fi;om your research, the Copes had a home built on this same piece of property years ago and the house subsequently was destroyed by fire. Mr. and Mrs. Cope wishing to build a new home of which the county has issued a permit have contracted with Apple Development Corporation. We appre~onsideration the county will give us toward a refund. '~-tanl~V. Ri(~aards, President SVR:vlt JAN 1 q 2003 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt ITrans Number 1 Date Post Date 364534 10/14/2002 3:19:46 PM 10/14/2002 Payment Slip Nbr PT 2002090904 Address: 5751 COPE LN Owner: COPE, JOHN=& PATRICIA B COA #: 02-4343 Permit Type: BR2. Job Desc: S/F CBS 1STRY DETACHED - 200 AMP Applicant: VICKIE TOWNSEND DBA: APPLE DEVELOPMENT CORPORATION Swr Meter: SEPTIC Wtr Meter: WELL Payor · APPLE DEV. Fee Information ' Fee Code i 08BCAI ' 08BPNP i 08BROW 08CPNP Description i GL Account ' 08JAIL BLDG.CODE CERT. SURCHARGE I 11300000020882000000 BLDG PERMITS- NAPLES INITIAL R.O.W. i11313890032211000000 [11313890032920000000 COMMUNITY/REGIONAL PARKS IMPA2~,615640236399000000 EMS IMPACT FEES UNINC. i 35014047036385000000 Amount $12.82 $615.00 $125.00 $598.00 ~ 08EMSI $104.00 i i 08ENIM EAST NAPLES FIRE IMPACT [11300000020982000000 $384.45 08HDST HEALTH DEPT. SEPTIC TANK i 11300000020850000000 , $280.00 JAIL IMPACT FEE I 38111043036380100000 $117.98 08LIBR ! 08MFSG I 08RDGS LIBRARY IMPACT FEE-UNINC. 135515619036399200000 MICROFILM SURCHARGE i 11313890034144200000 BLDG. PERMIT SURCHARGE ! 11300000020880000000 REGIONAL/COMMUNITY PARK IMPA~:~615640236399000000 $238.00 $3.87 $12.82 [ 08RGPK ' $597.00 SCHOOL BOARD IMPACT FEE $1778.00 DIST 2 ROAD IMPACT FEE-SINGLE BLDG. PERMIT APP. FEE CREDIT 11300000020905000000 33316365036351000000 11313890032251000000 Total 08SCHI 08SFR2 ,08BACR $2433.00 ~128.15 $7171.79 !Waived - Continued- Collier County Board of County Commissioners CD-Plus for Windows 95/NT ~5'~A rrEM JAN 1 2003 Printed:12/16/2002 2:18:55 PM Official Receipt- Collier County Board of County Commissioners CDPR1103 - Official Receipt [ Trans Number ~64534 iPayment Code CHECK Date 10/14/2002 3:19:46 PM Post Date [ Payment Slip Nbr 10/14/2002 PT 2002090904 AccountJCheck Number 1789 Payments Amount $7171.79 Total Cash I $0.00 Total Non-Cash $7171.79 Total Paid [ $7171.791 Memo: Cashier/location: MCCAULEYKATY / 1 User: DIAZ_M Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:l 2/16/2002 2:18:55 PM COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~ERMIT #: 2002081853 2SSUED: 08-27-02 BY: MCCAULEYKATY ,L~STER #: 2002081853 COA #: YOB ADDRESS: 5751 COPE LN /OB DESCRIPTION: DEMOLITION OF MOBILE HOME PERMIT PERMIT TYPE: DEMO APPLIED DATE: 08-27-02 JOB PHONE: 3UBDIVISION #: 100 - acreaae FLOOD MAP: 0415 ZONE: X ELEVATION: ?OLIO #: 0000000404920003 SECTION-TOWNSHIP-RANGE 8 50 BLOCK: 26 DWNER INFORMATION: iO?E, JOHN=& PATRICIA B BOX 3002 CONTRACTOR INFORMATION: JAPLES, FLB029 341063002 CERTIFICATE #: FCC CODE: 998 - EXPRESS/RESIDENTIAL OTHER iONSTRUCTION CODE: 10 / OTHER 3OB VALUE: 143.00 TOTAL SQFT: SETBACKS FRONT: REAR: SEWER: SEPTIC CONTACT NAME: JOHN SONTACT PHONE: /239)774-6166 LEFT: RIGHT: WATER: WELL VALID #: 853 APPROVAL DATE: 08-27-02 058 LOT: .000 PHONE: Per Collier County. Ordinance No. 2002-01, as it may be amended, all work must compl} %vith ~l applicable la~s, codes, ordinances, and any' additional stipulations or conditions o f this permit. Tiff s permit expires ff work authorized by the per~rat ~s not commenc ed within six (6) months from the date of issuance of the perrmt Addi~onal fees for failing to obtain perm/ts phor to the comment anent of conslruction may be imposed. Permittee(s) further understands that any contractor that may' be employed must be a hcensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. NOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE, FEDERAL AND STATE LAWS REQUIRE THE PERMITTEE (EITHER THE OWNER OR CONTRACTOR) TO SUBMIT A NOTICE OF THE INTENI)ED WORK TO THE STATE DEPARTMENT OF ENVIRO.N31ENT)d~ PROTECTION (DEP). FOR MORE LNFORMATION, CONTACT DEP AT (239) 332-6975. In addition to the condilions of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this c~unty, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COM~ JAN 1 2003 ~/!3/2~03 ~9:09 77440]0 CO!JNTV MG? OFER_ QE PAGE EXECUTIVE c, ~** ov AMENDMENT OF 'tHE FY03 uuoGET iN THE ,,,,.,-,.,x,,,, c,t~ ~.~a ~ ACCO~,~PLISH THE PLANNED ACTiV!Tig~q ~0~ T~E CON~R~TION COLLIER ....... ,~__. :__: .... /r~r,r-x amend '~'* FY03 h,,dget tn OBJECTIVE: To have the Board o~ ~oumy ~vm~,~,,,~,~ t~ ............ impl~¢O~ ~b¢ C~se~ation Collier iand acquisition CONSIDERATION; Oo November 5, 2002, the electors of Collier County passed a for ten [10] years t0 fund the acquisition of environmentally aensitiv~ lands fo~ the protection of water resources, wildlife habitat, and public open space in pe~etuity. ~e' ballot q~!io~' worded as SHALL COLLIER COUNTY B,E AUTHORIZED TO ACQUiRe, PREiERVg ENVIRON~~LY SENSiTiVE L~DS FOR T~ ,SSL~ BO~S L~ 'Tn ~EVBN~.HvE W~.DLi~ H~iTAT, ~D PUBLIC OPEN ~r~.g MiLLiON DOLL.S PAYAB~ ~OM ~ V~OP~M T~v~S NOT EXC~Q O~ QUOTER OF ON~ MUlL ~"~u~ A P~RIOD OF ~'... (!~9'~ane.-.--, 3_~ BE~!NO' ;NtEE~,. :==~, AT A RATE NOT ~. ......... M L.~ RATE? On December 3, 2002, the Board of County Commissioners approved Ordinance .~"~02-63 which implemen~ the Conservation Collier land acquisition program. ~'-- u~,,,~,,~ ..... cetera and p.rocedures for acquidng lands consistent with the program's goals. The ~oeedures summmzin~ t~ land ~l~tion .pr~a ~e outlin~ in the attached process flow diagram. The 9ydj~ce establishes the Consemation Collier Acquisition Trust Fund and Consolation Collier Mana~l T~s!'~0 ~ f~d the ~ram's imp~tation. T~ or~n~cc al~ cstablisl~ea ~,'~,~ ~nd ~ ....;oi.~. Adwlen~ ~nmmittee (I.AACI that wql function to assist the Bec in staff has analyzed tile Ordinance r~quifements,,,,--'~ has required to implement the program. (A summary of u~e m~ior ~a~od tame.) By this sc~, st~t ex~ts t~t Wq~y ~uld The activities scheduled within FY03 ace proposed to be funde-d c.~ r. .... -,.a ~,,n,~ R"e~r~e~' be reimhut'sed in FY04 'from Cae proceeds of the initial ia~ ' .... e: ~. ~vy. this demonstrates that properties are not exacted to be acquired until FY05, terence ~rum the bonds is not n~ded until the m~a nf FY04. Stuff will coor~nate with the County's financial :~0vj~Qt ~0 that bond proceeds are available when pro,ny acquisition is forthcoming. ......... FISCAL iMPAC'T: The program has oeen in bonds payable from ad valorem taxes not eaceeding 0.25 mill £o~ a period of I0 years. The 0.25 mill levy would raise approximately $8,400.000 per year, based on estimated F¥03 County- wide taxable values. This levy wouldnot stm.~ until FY04 sub,eot to FY04 _b9 __dget. I JAN 20O3 I, !' n._!_. Staff has cvaiuated thc expected ...... -' to ...... ';~'- *~' .... to occur for the baiancc of FY03. Staff therefore requests that a totalo,: for thc Conservation Collier program for FY03. Thc source of these funds will be General Fund Pcrsonai Services costs rc~:tcct onv staff member to. :^. c...,.~..,-.,~,,,,.,,~ ~,,,,,4..,I;eC~ .-,, a_4mmi~t-r the program for the baiance of F¥03. This is an expanded position and "':",~,,, "^o~..~vv-,,,'nnt~- ,~,~,-,,,~,~,.. to the Conservation Coiil¢r Program. Operating costs include estimateso~-~pcv~onne.~' costs ",,u,,, i' other staff within the County who are ex~cted to provide se~ic~s to comp.ere implementation acfiviti~ as ouflin~ ~va for FY03. These .costs wiii be billed to the Conservatinn Collier program by the d~p~$ providing the required se~ices. Capital costs Revenue to fund the program fcff FY03 "':" Pund w~i be reimbursed for these costs from for FYi. TI~ FY~ ~t w~ ~ ~ lO GROWTH MANAGEb~'=-NT IMPACTi' Acquit/rig,,,--vi-"n'''-`'-m.,o ,,,,.,..,,.~ ..... o~......;*;,,o._ !ands ~m..... suppo~ various policies in the Consc~ation and~onstm' Management ~' · e ~tJ~ scncdulco acuvmcs, approve afl expanded ~sition as a program coordinator, and authorize the Chai~an id sign to fund th~ ~o~am for FY03, PREPARED BY: J~-~~g...-._~ DATE: /~illiam D. Lo~I~z, Sr., P.E., Dkector APPROVED BY: I /Jo~eph K. Schtrriitt, AdminisLrator bi~on~munity Development. & Environmental JAN 14 2003 J' ,,._2. jl COnservation,~,...~.'~"":~- Land Atquisition Program. ~Lajor~' c-':-':':A~u v.u,~, and Mil~stone~ Referendum Approval Ordinance Adoption FY03 Budget Approval Firzt Advizo~ Commi~e Meeting L%~lete inieial Screening Reports Fin~ize Procedures M~,uai Adopt ~04 B~dgqt November 20ff2 December 2002 Janua~. 2003 February 2003 March "~'~ ~ April 2003 SeptemberzuuJ ~ ~ ~' S(ptember 2~3 FY04: Complete ProperO, Reports ,.,,.r~"'~'~,,,,=, 2003 Recommend Acti~v¢ Aqqg-~!t~on List (~L) NDvember 2~3 BCC Approval qf ~he ~L n .... ~ ~aa~ Complete Project Design R{ports Februa~ 2004 t~ C P~o.~ties for Negot~at~on.y March 2004 ~L~ ~ctt~n.lVr ,ve~v.,~v,~ April 2004 ~C Recommendations for Contract t~ms August~ ~' Bond issuance ._ a.. ~.~.~;..~ Prqperty acquired D$/~3/2D03 D9;~9 7744~}8 COUNTY ~G~ DFER_ DE P~GE ~4 Process Flow Diagram for I~and (Section 13 of the Proposeed Environmenlal'Larr8$ - ":-:':"" ~, .......... , owncr.~ i. ?ar,get Areas I for review i t.4A¢ condue~ Public ~learing Io 7 r~kcd pr~i~ts" and writes a L I I { BCC cond~n Public .eart~ tO ~ appTovcActive Aeff~il;~ S{~ff completes project Rtporl for each proposa] i { BCC instmct~ ~taff to ncsotiate [ purcba~ f~e~ I + ~AC ~vlewS tc~s and rcc~mend$ contracts to pur~uc 1 authorize all purchases. i EXECUTIVE SUMMARY CONSIDERATION OF A RESOLUTION SUPPORTING A PETITION TO AMEND THE BOUNDARIES AND NAME OF THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT, PURSUANT TO SECTION 190.046, FLORIDA STATUTES. OBJECTIVE: The objective of this item is for the Board to review and consider a petition to the Governor and Cabinet of the State of Florida, sitting as the Florida Land & Water Adjudicatory Commission (FLAWAC) for the amendment of the name and the land area comprising the Fiddler's Creek Community Development District, and, consider adoption of a resolution in support of the petition. CONSIDERATIONS: The Fiddler's Creek Community Development District (CDD) Board of Supervisors has petitioned FLAWAC for the purpose of changing the name and amending the boundaries of the existing Fiddler's Creek Community Development District. If FLAWAC grants the petition, the CDD would therea~er be known as Fiddler's Creek Community Development District #1 (CDD1). Attachment 1 is the CDD1 Petition, viewable at Collier County Planning Services or the County Clerk's Office. On October 22, 2002, thc Fiddler's Creek CDD Board of Supervisors filed copies of the petition with Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division, to change the name and amend the boundaries of the Fiddler's Creek CDD. A mandatory $1,500 application fee was submitted with the Petition. The current Fiddler's Creek Community Development District is located entirely within Collier County, Florida, and no portion of the amended District would extend beyond County boundaries. Thc distYict presently covers 1,389.7739 acres of land. The petitioner is proposing to delete a 137.38-acre parcel, located in the northeast portion of the existing CDD. The petitioner is also proposing to add 137.38 acres of property located along the southeastern boundary of the existing CDD. Thus, there is no net change to the size of the commtmity development district, but there is a change to its boundaries. The existing CDD is located in portions of Sections 11, 13, and 14, 15, 22, 23, and 24, Township 51 South, Range 26 East, and Section 19, Township 51 South, Range 27 East, and if amended would continue to be located in those sections. A map showing the location of the land area to be serviced by the District appears as Exhibit "1" to the Petition. A metes and bounds description of the proposed amendment to the CDD can be found in Exhibit "2" of the attached Petition. JAN 1 2003 The 137.38-acre parcel proposed for deletion from the revised CDD1 is now part of Fiddler's Creek Community Development District #2 (CDD2), which was reviewed and approved for establishment by the Board of County Commissioners at its November 19, 2002 meeting. This parcel contains 129 units, which are now, as noted above, part of the new Fiddler's Creek Community Development District #2 area. The acreage to be added to the revised CDD1 consists of vacant agricultural lands, slated to become part of the ongoing Fiddler's Creek Development of Regional Impact (DRI) and P.U.D. PROCESS: Pursuant to Section 190.046(1), Florida Statutes, the County may opt to consider the contents of the Petition and then decide whether the County should support the proposed amendments to the District. The operative word in the above sentence is "may." Because the local governing board, i.e., the County in this instance, is not the ultimate decision-making body with respect to the Petition, no official action by the local board is required (other than to determine whether or not to issue a resolution, either in support of or objecting to the Petition). If the Board should as part of its consideration of this item choose to issue a resolution, then such resolution must consider the same six (6) factors as per the format of the ordinances that the Board adopts for CDDs of less than 1,000 acres in size. ANALYSIS OF THE SIX FACTORS: The County's resolution must be based upon the statutory six factors set forth in Section 190.005(e), Florida Statutes. County staff has reviewed the CDD petition for the Fiddler's Creek Community Development District and makes the following findings in relation to the six factors: Factor One: Whether all statements contained within the petition have been found to be true and correct. Comprehensive Planning Section staff, along with the staffs of the County Attorney's Office, the Utilities Engineering Department and the Transportation Planning Department, has reviewed the referenced Community Development District Petition. Based upon the review of the Petition, staff believes that the information found within the Petition is true and correct. Factor Two: Whether the creation of the district is inconsistent with any applicable element or portion of the state comprehensive plan or of the effective local government comprehensive plan. The Fiddler's Creek P.U.D. is a portion of the approved Marco Shores Development of Regional Impact (DRI) originally approved by the Board of County Commissioners in 1984. The Fiddler's Creek portion of Marco Shores was approved and subsequently amended during the 1990's. As part of the approval process, the developments were found to be consistent with the Growth Management Plan in effect at that time. The entire Fiddler's Creek P.U.D. lies within the Urban Coastal Fringe and Urban Residential Fringe Sub-district designations on the Collier County Future Land Use Map, as does the CDD. The CDD is a unit of local government 2 JAN specifically for the purpose of carrying out the approved Master Development Plan and commitments of the Fiddler's Creek P.U.D. and DRI. The CDD does not authorize any form or amount of development not previously approved by the Board of County Commissioners. Therefore, staff finds that the proposed amendment to the CDD is consistent with the Collier County Growth Management Plan. As to consistency with the State Comprehensive Plan, the County staff notes that the CDD process is established within Section 190 of the Florida Statutes. The petitioner has not deviated from the standard process, as established by the Statute. Section 187.201, Florida Statutes, contains the text of the State's Comprehensive Plan. Subsection (2)(a) is the State Plan Goal for Governmental Efficiency, which reads as follows: "Goal. --Florida govemments shall economically and efficiently provide the amount and quality of services required by the public." Policy 2 within this goal area reads as follows: "2. Allow the creation of independent special taxing districts which have uniform general law standards and procedures and do not overburden other govemments and their taxpayers while preventing the proliferation of independent special taxing districts which do not meet these standards." As an "independent special taxing district," the proposed amendment to the CDD would be consistent with the State Comprehensive Plan. Factor Three: Whether the area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. The proposed amendment to the Fiddler's Creek Community Development District #1, if approved, will continue to place CDD#1 as one of the County's larger CDDs (1,390-~_ acres). However, the previously approved Fiddler's Creek CDD (4,271+ acres) was larger still. The County currently contains other large CDD's, such as: Lely Egret CDD (2,893+ acres) Pelican Marsh (2,075 + acres), and Mediterra South/Expansion (1,113+ acres). Based upon this previous experience and the subsequent success of the above CDD's, Comprehensive Planning Section staff believes that the Fiddler's Creek Community Development District #1, as amended, would meet the above-stated criteria for Factor Three. Factor Four: Whether the district is the best alternative available for the district will serve delivering community development services and facilities to the area that. There are a number of alternatives available for the provision of int~astmcture and services by and for an approved development. These include, but are not limited to the following: private funding procured by the developer; establishment of a homeowners association; establishment of a Municipal Services Taxing Unit 0VlSTU); establishment of a Municipal Services Benefit Unit; establishment of a Community Improvement District (limited to drainage and irrigation related improvements); establishment of a County-managed special purpose district; or, direct County management. All of these alternative options have various legal, financial or other limitations on their operations or do not provide a focused, compact approach to the provision of infi'astmcture and services. Therefore, staff finds that, for the lands within the boundaries of the proposed CDD, the CDD amendment is the best alternative available for delivering community development services and establishing community facilities. Factor Five: Whether the community development services and facilities of the district will be incompatible with the capacity and uses of existing local and regional community development services and facilities. The proposed CDD cannot develop any facilities and services that are incompatible with the surrounding area. This is because the CDD's sole purpose is to implement conditions and developer commitments that were part of the original P.U.D. and DRI approvals. The District Board of Supervisors will not have the legal authority to implement any facilities, services or development that would be inconsistent with its existing development approvals. Therefore, staff concludes that the proposed amendments to the CDD would comply with the above-stated factor. Factor Six: Whether the area that will be served by the district is amenable to separate special-district government. Based upon staff findings concerning the previous five criteria, Comprehensive Planning Section staff finds that the subject area for the proposed CDD is amenable to special district government. The greatest evidence of this is that most of the subject area is currently within a CDD. STAFF RECOMMENDATION: When a CDD petition is being considered by FLAWAC, the role of the local government is that it has the ability (as an affected party) to comment on the proposed CDD and recommend that FLAWAC grant or deny approval. As such, the Collier County Board of County Commissioners has the ability to make a recommendation on the CDD to FLAWAC, but does not have a legal requirement to do so. In fact, the Board of County Commissioners is under no legal obligation to hold a public hearing regarding the Petition or accept citizen or petitioner comments on the matter. However, any comments that the Board of County Commissioners chooses to make to FLAWAC must be in the form of a resolution. Therefore, Collier County Comprehensive Planning staff makes the following recommendation: 4 AGENDA ITeM "I JAN I q Given that County staff has found that the proposed amendments to the Fiddler's Creek Community Development District #1 would comply with all six statutory factors, and that approval of such amendments by FLAWAC would have no adverse impact on Collier County, staff's recommendation for consideration by the Board is for support of the Petition via adoption of the Resolution attached to this Executive Summary. PREPARED BY: GLENN E. HEATH, AICP PRINCIPAL PLANNER S~'~LITSINGER, ~vI~P COMPREHENSIVE PLANNING MANAGER PATm~ ¢ ASSISTANT COUNTY ATTORNEY ~RGARg~UERSTLE PLANNING SERVICES DEPARTMENT DIRECTOR DATE DATE - ' ~ATE'" DATE APPROVED BY: ~STRATOR /~MMUNITY DEV. AND ENVIRONMENTAL SVCS. Fiddle~ Creek CDD #1 EX SUMMARY/gh DA(rE JAN 1 ~ 2003 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 RESOLUTION NO. 03- A RESOLUTION SUPPORTING APPROVAL OF PROPOSED AMENDMENTS TO THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT, AMENDING THE BOUNDARIES OF THE DISTRICT AND CHANGING THE NAME OF THE EXISTING DISTRICT TO FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #1; AND DESCRIBING THE AMENDED EXTERNAL BOUNDARIES OF THE RENAMED DISTRICT, WHEREAS, the Board of Supervisors of the Fiddler's Creek Comr~unity Development District (District) has petitioned the Florida Land and Water Adjudicatory Commission (FLAWAC) to amend the name and boundaries of the existing District; and WHEREAS, said Petition has been submitted by the Petitioner to FLAWAC and copies of the Petition have also been provided to the Collier County Board of County Commissioners (Board) for review and consideration if so desired; and WHEREAS, the Board now desires to recommend that FLAWAC grant the proposed amendments requested in the Petition and has determined the following with respect to the factors to be considered in Section 190.005(1)(e), as required by Section 190.046(1)(d) 3., Florida Statutes: The Petition is complete in that it meets the requirements of Sections 190.005 (1)(e) 2., and 190.005(2)(a), Florida Statutes; and all statements contained within the Petition are true and correct. Amendment of the proposed District is not inconsistent with any applicable element or portion of the local comprehensive plan of Collier County, known as the Collier County Growth Management Plan, or the State Comprehensive Plan. The amended land area within the revised District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. The District, as amended, is the best alternative available for delivering community development services and facilities to the area that Will be serviced by the District. The community development services and facilities of the amended District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities. The area that will be served by the amended District is amenable to separate special-district government; and WHEREAS, it is the policy of this State, as provided for in Section 190.002 (2) (c), Florida Statutes, that the exemise by any independent district of its powers as set forth by uniform general law comply with all applicable governmental laws, rules, regulations, and policies governing planning and permitting of the development to be serviced by the district, to ensure that neither the establishment, nor operation of such district, is a development order under chapter 380 and that the district so established does not have any zoning or permitting powers governing development; and WHEREAS, Section 190.004 (3), Florida Statutes, provides that all governmental planning, environmental, and land development laws, regulations, and ordinances apply to all development of the land within a community development dist.~trl' tOo~~aTE~ ,~o~p~ comprehensive plan, building code, or land development code, as t~ ose defined in the Local Government Comprehensive Planning and Lan Development JAN 1 2003 1 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Regulation Act, and that no district shall take action which is inconsistent with applicable comprehensive plans, ordinances, or regulations of the applicable local general-purpose government. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The foregoing Whereas clauses are adopted as true statements and they are incorporated here as if fully set forth. This Resolution is adopted pursuant to the authority of Section 190.046(1)(d) 4., Florida Statutes. 3o The Board hereby supports the Petition proposing to amend the boundaries of, and the renaming of said District to, the Fiddler's Creek Community Development District #1, within the boundaries of the real property described in Exhibit '%," attached hereto and incorporated by reference herein, and thus, recommends that the FLAWAC grant the Petition to expand and delete the District lands, as proposed, and to rename the District by adding the numeral "1 ," such that said District would thereafter be known as the "Fiddler's Creek Community Development District 1 ." THIS RESOLUTION ADOPTED after motion; second and majority vote this 27 day of · 2003. 28 29 30 31 32 ATTEST: 33 DWIGHT E. BROCK, CLERK 34 35 36 37 38 39 Deputy Clerk 40 41 Approved as to Form BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ,CHAIRMAN 42 _And .Legal Sufficiency: 45 46 Patr'i'ck G. White, 4? Assistant County Attorney JAN lq 2003 EXHIBIT ~ lA' co· 1. C36 '~I'S (]~¥A":I"II'"'IOE] ;kl31-1-109 FIDDLER'S CREEK COMMUNITY DEVELOPMENT EJ~E~~ 950 Encore No-~,, r, ~4~,o ~,o..: ~,~i :~,-:ooo ] Prooosed Expansion Florida Cerflfleofe of I -- · Aufhortz~flon No.1772 ,~rea8 EXHIBIT "I-B" z Z 0 OOz I A~An~ ~ ~ I / l l l FIDDLER'S CREEK COMMUNITY DE~LOPMENT ~o ~.co~ woy Areas to be I *-~-~-~. I ~,.~o Naplee, F~ 34110 Phone: (g41) 254-2000 Deleted from J~ ICO~ [X-~C ~odda CeHiflcafe of ~~'~ A~oHzatlon .o.1772 District 1~'~/o2 I~**fd TM EXECUTIVE SUMMARY Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 1998- 213 styled Board of County Commissioners Collier County, Florida vs. EMC Holdings, Inc. regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. OBJECTIVE: To approve and authorize the Satisfaction of Lien in Code Enforcement Board Case No. 98-213 styled Board of County Coramissioners Collier County, Florida vs. EMC Holdings, Inc. CONSIDERATION: On or about June 23, 1998 a public hearing was heard before the Board of County Commissioners regarding violation of Ordinance No. 99-51 of the Collier County Land Development Code. Resolution No. 98-213 was recorded in the Official Records Book 2444 pages 2412 through 2413. On November 15, 2002 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. FISCAL IMPACT: The fiscal impact related to recording in the amount of Seven Dollars ($7.00). This cost will be paid by Code Enforcement 111-138911-649030. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMME~ATION: That the Board of County Cornnfissioners approve the Satisfaction of Lien in the above referenced cause and authorize its execution and recordation in the Public Records of Collier County, Florida. PREPARED BY: t:~~ Date: REVIEWED BY: SUB~ BY: PROVED BY: Shanelle Hilton ~-~_~ ~ ,~"~_...--..._.~ Date: Jane~ll Powers, Operations Manager lV[ic-h~Arno/kl~ge En.'ement Di~tor ~p~K. Sc~u, A~nis~ator JAN 2003 This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2440 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Two Hundred Forty Five Dollars ($245.00), arising out of the Board of County Commissioners Resolution No. 1998-213 dated June 23 1998, recorded in O.R. Book 2444, Pages 2412, et. seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which was owned by EMC Holdings Inc. but is now owned by Diane McMenamin has been satisfied in full. Lot 31 of PORT OF THE ISLANDS, PHASE TWO, according to the map or plat thereof, recorded in Plat Book 21, pages 1 through 4, of the Public Records of Collier County, Florida. Folio No. 68300002342 The undersigned is author/zed to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Palm River Estates, Inc., and consents to this lien being discharged of record. Dated this day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: Chairman Approved as to form And legal suffi{~en?: Tho~as' C. Palln~r - - Assistant County Attorney IJAN 1 q 2003 EXECUTIVE SUMMARY Approval of the Satisfaction of Lien for Code Enfomement Board Case No. 1998- 144 styled Board of County Commissioners Collier County, Florida vs. EMC Holdings, Inc. regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. 0B~ECTIVE: To approve and authorize the Satisfaction of Lien in Code Enforcement Board Case No. 98-144 styled Board of County Commissioners Collier County, Florida vs. FMC Holdings, Inc. CONSIDERATION: On or about May 19, 1998 a public hearing was heard before the Board of County Commissioners regarding violation of Ordinance No. 99-51 of the Collier County Land Development Code. Resolution No. 98-144 was recorded in the Official Records Book 2432 pages 2516 through 2517. On November 15, 2002 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. FISCAL IMPACT: The fiscal impact related to recording in the amount of Seven Dollars ($7.00). This cost will be paid by Code Enforcement 111-138911-649030. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Satisfaction of Lien in the above referenced cause and authorize its execution and recordation in the Public Records of Collier County, Florida. PREPARED BY: ~ e~*..~ Date: Shanelle Hilton REVIEWED BY: ,,_/""~,.~,._..~( ~/~. .... ~.. Date: Jan~ Po.wers, Operations Manager Miche~l~ Arnold, Code Enforcement Director - sep . Schmitt, Administrator SUBMrITED BY: t/~PROVED BY: JAN 2003 n. I This instrument prepared by: Janet Powers, Operations Manager Code Enforcemem 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2~0 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Two Hundred Forty Five Dollars ($245.00), arising out of the Board of County Commissioners Resolution No. 1998-144 dated May 19, 1998, recorded in O.R. Book 2432, Pages 2516, et. seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which was owned by EMC Holdings Inc. but is now owned by Diane McMenamin has been satisfied in full. Lot 17 of PORT OF THE ISLANDS, PHASE TWO, according to the map or plat thereof, recorded in Plat Book 21, pages I through 4, of the Public Records of Collier County, Florida. Folio No. 68300002342 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Palm River Estates, Inc., and consents to this lien being discharged of record. Dated this day of ._,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: Chairman Approved as to form And legal sufficiency: Thoma~ C. Palmer Assistant County Attorney JAN 1 2003 EXECUTIVE SUMMARy Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2002- 191 Board of County Commissioners Collier County, Florida vs. EMC Holdings, Inc. regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. OB,~ECTIVE: To approve and authorize the Satisfaction of Lien in Code Enforcement Board Case No. 2002-191styled Board of County Commissioners Collier County, Florida vs. EMC Holdings, Inc. CONSIDERATION: On or about April 23, 2002 a public heating was heard before the Board of County Commissioners regarding violation of Ordinance No. 99-51 of the Collier County Land Development Code. Resolution No. 2002-191 was recorded in the Official Records Book 3036 pages 1494 through 1495. On November 15, 2002 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. FISCAL IMPACT: The fiscal impact related to recording in the amount of Seven Dollars ($7.00). This cost will be paid by Code Enforcement 111-138911-649030. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Satisfaction of Lien in the above referenced cause and authorize its execution and recordation in the Public Records of Collier County, Florida. PREPARED BY: ~ Date: I'~'} ~ i~i"!c~'~- Shanelle Hilton REVIEWED BY: SUBMITFED BY: ~PPROVED BY: ~,~..~...._~ , ~-,~,~_._._._~-.~ Date: Janet Powers, Operations Manager Date: MiC~e[le"~a-nold~0de E~rceme Director J~p ~/1~. '~ c~"~-tt, A~ministrator - A~A ~ ~ JAN 1 q 2003 This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2440 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Two Hundred Fifty Five Dollars ($255.00), arising out of the Board of County Commissioners Resolution No. 2002-191 dated April 23, 2002, recorded in O.R. Book 3036, Pages 1494, et. seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which was owned by EMC Holdings Inc. but is now owned by Diane McMenamin has been satisfied in full. Lot 17 and 31, of PORT OF THE ISLANDS, PHASE TWO, according to the map or plat thereof, recorded in Plat Book 21, pages 1 through 4, of the Public Records of Collier County, Florida. Folio No. 68300002342 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Palm River Estates, Inc., and consents to this lien being discharged of record. Dated this day of ..,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: Chairman Approved as to form And legal sufficiency: Thomas C. Palmer Assistant County Attorney EXECUTIVE SUMMARY Approval of the Satisfaction of Lien for Code Enforcement Case No. 2000100019 styled Board of County Commissioners Collier County, Florida vs. Philip Carlton, Jr. regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. OBJECTIVE: To approve and authorize the Satisfaction of Lien in Board of County Commissioners Code Enforcement Case No. 2000100019 styled Board of County Commissioners Collier County, Florida vs. Philip Carlton, Jr. CONSIDERATION: On or about December 11, 2000 the services were rendered to correct violation of Ordinance No. 99-51 of the Collier County Land Development Code. On December 14, 2000 a copy of the invoice for One Hundred Fifty Five Dollars ($155.00) was sent to Mr. Carlton. The Affidavit/Claim of Lien for Unpaid Nusiance Abatement Service in the amount of One Hundred Fifty Five Dollars ($155.00) dated March 15, 2001 was recorded in the Official Records Book 2792, Pages 0789, et. seq. On November 17, 2002 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. FISCAL IMPACT: The fiscal impact related to recording in the amount of Seven Dollars ($7.00). This cost will be paid by Code Enforcement 111-138911-649030. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Satisfaction of Lien in the above referenced cause and authorize its execution and recordation in the Public Records of Collier County, Florida. PREPARED BY: __~~'~ Date: Shanelle Hilton REVIEWED BY: ~-'~,..~.,--~ ~ Date: ja~e(/Powers, Operations Manager Mich e~. o1~ C,~t?Tnforcement Director J~e~h ~'7 ~ch~mitt, Administrator SUBMITTED BY: ~PPRO~D BY: AGENDA I~ ~ JAN 2003 This inslxument prepared by: ~anet Powers, Operations Manager Code Enforcement ' 2800 N. Horseshoe Dr~ve Naples, Florida 34112 (239) 403-2440 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of One Hundred Fifty Five Dollars ($155.00), arising out of the Board of County Commissioners Affidavit/Claim of Lien for Unpaid Nuisance Abatement Services, Case No. 2000100019 dated March 15, 2001, recorded in O.R. Book 2792, Pages 0789~. et. seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which is owned by Philip Carlton, Jr. has been satisfied in full. PALM EST S 150Fr OF LOT 10, Immokalee Florida Folio No. 0000064920800009 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Philip Carlton, Jr., and consents to this lien being discharged of record. Dated this day of .... 2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COIJ .IER COUNTY, FLORIDA , Deputy Clerk By: Chairman Approved as to form An,.~al suffic'.:~c~: Tho~nas C. Palmer' Assistant County Attorney JAN 1 2003 EXECUTIVE SUMMARY APPROVE CHANGE ORDER NO. 3 WITH BONNESS, INC. IN THE AMOUNT OF $1,390,146.36 FOR ADDITIONAL CONSTRUCTION SERVICES TO BIfILD A BRIDGE AT LAKELAND AVENUE OVER THE COCOHATCHEE CANAL, PROJECT NO. 65041. OBJECTIVE: That the Board of County Commissioners approve Change Order No. 3 for additional construction services to build a bridge at Lakeland Avenue over the Cocohatchee Canal in the amount of $1,390,146.36. CONSIDERATION: On May 14, 2002, the Board of County Commissioners awarded a construction contract to Bonness, Inc., for the construction of Livingston Road Phase IV from Immokalee Road north to the Lee County line, which included the closure of Piper Boulevard's access to Livingston Road. As part of the future Immokalee Road improvement project, a new Lakeland Avenue bridge would be built (replacing the Euclid Avenue bridge) to provide residents and emergency services with a safe and effective means to cross the Cocohatchee Canal. Staff is recommending that the construction of the Lakeland Avenue bridge be accelerated through negotiated change order with Bonness, Inc. for the following reasons: The recent closure of Piper Boulevard's access to Livingston Road has removed an option of access from neighborhood residents and emergency services. Although necessary for safety reasons, staff understands the need to promptly establish the Lakeland Avenue bridge as a safe and efficient means to cross the Cocohatchee Canal and access Immokalee Road. In anticipation of the significant construction activity associated with the Immokalee Road Project, staff has identified a way to reduce the level of disruption to the neighborhood and streamline construction activities. Staff has also found ways to reduce the ROW impact of the lmmokalee Road project which has caused some minor delay in the construction schedule. This delay, however, will better position the County to sequence construction on east-west arterials. By constructing the Lakeland Avenue Bridge ahead of the Immokalee Road project, traffic circulation and safety is improved and disruption to the neighborhood is reduced during the Immokalee Road project. Change Order No. 3 includes the construction of a new bridge and traffic signal at the intersection of Lakeland Avenue and Immokalee Road, as well as the removal of the existing Euclid Avenue Bridge. The existing Euclid Avenue bridge currently constricts the Cocohatchee Canal and does not provide safe pedestrian or vehicular movement across the canal. The removal of the Euclid Avenue bridge is a permit condition for the construction of tlc Lakeland Avenue bridge. Staff did consider improvements to the Euclid Avenue bridge; however, vehicular access to the improved Immokalee Road would be limited to a right-in, right-out condition. The construction of the Lakeland Avenue bridge provides for a signalized, full median opening access point allowing for improved traffic management and safer pedestrian access. : r;. ...... '~'~ * ~'=' ............ ~'~ Staff has negotiated the attached Change Order down from $1.5 million to $1.39 million. This negotiated amount is within 8.8% of the engineer's estimate and is considered fair and reasonable. If approved, the Lakeland Avenue Bridge would commence construction in February 2003 and be completed in late 2003. The Euclid Avenue bridge would not be removed until the new bridge and traffic signal at Lakeland Avenue is fully operational. Staff has officially posted 14-day legal notice of thi.q recommendation in the local newspaper of general circulation and b~q followed all other mandated requirements in accordance with Florida State Statute Section 255.20. FISCAL IMPACT: Funds in the amount of $1,390,146.36 will come from the Transportation Supported Gas Tax Fund and District I Impact Fee Fund, with Impact Fees being used first. Source of Funds are Impact Fees and Gas Tax. The funding for the bridge will come from the Immokalee Road (US 41- I75) project No. 66042 since the bridge was initially part of that project. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element (CIE #6) is consistent with the Transportation Growth Management Plan, RECOMMENDATION: It is recommended that the Board of County Commissioners approve the attached Change Order No. 3 in the amount of $1,390,146.36 and authorize the Transportation Administrator to execute the Change Order. SUBMITTED BY: ~/~~ APPROVED BY: ,,/~,~,-.~-. DATE: ?-~ Ly~n I~. Thorpe, P.E., Principal Project Manager Transportat' Engineering and Construction Management Dept. ~. .~ DATE: Gregg R. Strakaluse, P.E., Director Transportation Engineering and Construction Management Dept. APPROVED BY: APPROVED BY: Director Purcha~ng Department ,q' ! i..9_ // Norman Feder, Admnis~ator Tr~sponation Division DATE: DATE: CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Livingston phase IV PROJECT #: 65041 BID/RFP #: 02-3364 MODIFICATIONS NAME OF FIRM: Bonness, Inc. CONTRACT AMOUNT: ORIGINAL $ 6,008,521.88 $6,066,046.27 CURRENT CURRENT COMPLETION DATE (S): ORIGINAL: September 23, 2003 CURRENT: same SUMMARY OF PROPOSED CHANGE (S): See attached JUSTIFICATION FOR CHANGE (S): The new bridge will give the residents, north of the canal and west of Livingston Road, safer and improved access and allowing superior traffic control during the construction of the Irnmokalee Road widening project. This bridge wes to be constructed with the Irnmokalee Road six-laning project, which will begin in the summer of 2004. But in an effort to minimize disruption to the neighborhood and better manage traffic, staff is recommending this project be built as part of the ongoing Livingston Road Phase IV project so that the bridge could be completed in the fail of 2003. The funding will come from the Immokalee (US 41-175) project No. 66042 since the bridge was initially part of that project. PARTIES CONTACTED REGARDING THE CHANGE: Lynn Thorpe: Principal Project Manager, Dale Bathon Principal Project Manager, and Scott Gordon CEI Project manager for Livingston Phase IV. IMPLEMENTATION STEPS (Check each before proceeding with change) ~ Proposed change is consistent with the scope of the existing agreement X Change is being implemented in a manner consistent with the existing agreement X The appropriate parties have been consulted regarding the change PROJECT MANAGER RECOMME~DATIQ. N~ APPRO ~V~~~~~~ DISAPPROVE: Date: Date: COMMENTS: 11f07102 AG E.~pA/~TEM NO. I,(CC JAN l ~ 2~33 pg. ~ Change Order TO: Steve Wagoner, Vice President 1990 Seward Ave. P.O. Box 9140 Naple.% Florida 34101 rom: Collier County Transportation Engineering & Construction Management Department 2675 South HoreShoe Drive, Suite # 401 Naples Florida 34104 Project Name: Livingston Rd. Phase Construction Agreement Dated: Change Order No.: 03 Project No.: 65041 Bid No.: 02-3364 Date: 12-02-02 JUSTIFICATION FOR CHANGE(S): The new bridge will give the residents, north of the canal and wes~ of Livingston Road. additional access to Immokalee Road. In particular, this will provid~ easier access tbr tbose wanting to head easterly. Thi~ bridge was to be constructed with the Immok',.iee Road six-laning project, which will begin in the sunmier of 2004. But due to the great demand for additional access to eastbound [mmokalee Road it was decided to add .:t to the ongoing Livingston Road Pl~se IV project so that the bridge could be convicted by the summer of 2003. the funding will come fi.om the lmmokalee (US 41-175~ project No. 66042 since the bridge was initially part of that project. Original agreement amount ....................................................... $ 6,008.521.88 Sum ofprevions change orde~ ametm,. ...................................... $ 57,524.39 This Change Order Amount [add] .............................................. $1,390,146.36 Revised Agreement Amo,.mt ................................................... $ 7,456,192.63 Original contract thne in calendar days. ........................... :X. djusted number of calendar days ................................ This change order adjusted time is ............................... Revised Contract Time in calendar da,~,~ .......................... Original Notice to Proceed date .................................... Completiort date based on original con~a:.t time ................ Revised completion date ........................................... 450 days 0 days 0 days 450 days .lulv l. '~ " ..0IL. September 23. 2003 September 23. 2003 Your acceptance of this change order s.mll constitute a modification to our A~eement and ,viii be perlbrmed subject to all the same terms and conditions as contained in our Agreement indicated a~ve, as fully as if the same were repeated in this acceptance. The adjustment, if any, to this Agreement s~t constitute a ~11 and final settlement ofm~y and all claims of~he Contractor arising ~,ut oE or related to the change set forth herein, including claims lbr hnpact and delay cost. Prepared by: ~,~ ~ ~.~ Dale: Dana S. Gordon, l'rqie~ E~ineer. HDR-CCC - / / ~ddi~a~in. ~rojectMan~, CoBier County Reviewed .~'E>q~5'~°~e' P~ I'rinci~l j t Manager, Colli= Coung' Oate: Approved by: ' ~' Dale: ~ S~akaluse. T.E.C.M. Di[=cter, Colli~ County A=epled by: ,..~/~ ~:,~ Date: St~er, VF~ Presid~ B~m~, Inc. Approved by: Date: ~orman Feder, AICP Division Ad~Lnistrator EXECUTIVE SUMMARY APPROVE THE PIGGYBACKING OF A PASCO COUNTY BID TO PURCHASE A SINGLE DRUM VIBRATORY ROLLER IN THE AMOUNT OF $68,553.00 FOR THE ROAD MAINTENANCE DEPARTMENT. OBJECTIVE: To enhance the daily repair and maintenance on County roadways and rights-of- ways within the Road Maintenance Department. CONSIDERATIONS: A replacement single drum vibratory roller is required by the Road Maintenance Department to continue the current level of repair and maintenance of Collier County roadways and rights-of-ways. This roller is budgeted for replacement in the F.Y 02/03. Pasco County has in place bid #02-101F with Nortrax Equipment Company for a new single drum vibratory roller. Staff recommends Board approval to piggyback Pasco County's bid in order to purchase a single drum vibratory roller. FISCAL IMPACT: Funds are budgeted in the [approximate amount of $68,553.00. GROWTH MANAGEMENT IMPACT: None Road Maintenance Fund (101) in the RECOMMENDATION: That the Board approve the piggybacking of Pasco County's bi& #02-101F with Nortrax Equipment Company for the purchase of a single drum vibratory roller for the Road Maintenance Department. SUBMITTED B~ ~ Travis G~5~ard, Road and Bric, ge Supervisor ~o~hn ;qliet, Ro~d and Bridge Superintendent Stephen ~. Car~ell~urchasing/GS Director DATE: D^T : DATE: REVIEWED BY: APPROVED BY: Nofm~ E. Fede}, AICP, Transportation Administrator DATE: DATE: /'flfff/~/c5~-' / AGEND/~ ITEM ... JAN 1 q 2003 pg. EXECUTIVE SUMMARY ADOPT A RESOLUTION REQUESTING THAT THE FLORIDA DEPARTMENT OF TRANSPORTATION TRANSFER SURPLUS PROPERTY LOCATED ON US-41 TO COLLIER COUNTY VIA QUITCLAIM DEED. FISCAL IMPACT: $15.00 OBJECTIVE: To adopt a resolution requesting the transfer of Florida Department of Transportation surplus property located near Pine Street on US-41 and to accept (in advance) the conveyance of said property from Florida Department of Transportation to Collier County. CONSIDERATIONS: This surplus parcel has been identified by the Transportation Division as a possible transfer station for the Collier Area Transit buses. Florida Department of Transportation Environmental Department has determined that there are no issues involving contamination on the referenced parcel. FISCAL IMPACT: The only cost associated with the acceptance of the subject property is $15.00 (recording fees). Funds are available for this purpose in fund 313 (gas taxes). GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATIONS: That the Board of County Commissioners of Collier County Florida: 1. Adopt the attached Resolution and authorize its Chairman to execute same on behalf of the Board; and 2. Accept the conveyance of said property from the Florida Department of Transportation; and 3. Authorize staff to record the Quitclaim Deed in the public records of Collier County, Florida. JAN 1 4 ~XB pg. J Sharon Gilbert, Ope. e.e.e.~ions Coo~rdinator Engineering an~l~onstmction.~anagement Department REVIEWED B Date:. ~ i-I~"fiJ~i~ht-of-Way A"~isition Manager Engineering aqid Construction Management Department APPROVED BY: ._~_ -N~~~'~ Date: Gregg R. St~kaluse, P.E., Director Engineeripp:~/and~,Construction Management Department APPROVED BYNorm~fi: Fe.der, AICP, Administrator Date: Tran~ortation Services Division Page 2 of 2 JAN 1 q 2003 RESOLUTION NO. A RESOLUTION REQUESTING THAT THE FLORIDA DEPARTMENT OF TRANSPORTATION TRANSFER SURPLUS PROPERTY ALONG US-41 TO COLLIER COUNTY FOR PUBLIC PURPOSES VIA QUITCLAIM DEED WHEREAS, the Collier County Board of County Commissioners has determined that is in the best interest of the citizens of Collier County for the County to take possession and control of certain property from the State of Florida Department of Transportation designated as Exhibit "A" (attached hereto and made a part hereof); and WHEREAS, this property is described as Florida Department of Transportation Right of Way Parcel 119 (Part), Section 03010-25544 and WHEREAS, this property is to be conveyed for Public Purpose use only. NOW THEREFORE BE IT RESOLVED that the Collier County Board of County Commissioners does hereby request the Florida Department of Transportation quitclaim unto Collier County all right, title and interest in and to that certain property described in Exhibit "A." THIS RESOLUTION ADOPTED this __ second and majority vote. day of ,2003 after motion, ~,TTE,:T. DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: , Deputy Clerk Chairman Approved as to form and legal sufficiency: Heidi F. Ashto-n - Assistant County Attorney 11:54 AUG 15, 2008 ID: FDOT DISTRICT OHE TEl HO: 519-1900 ~17309 PAGE: 4/4 F.P. NO. 1953651 SECTION 03010-2554 PARCEL 119 (Part) Those portions of Lots 38 and 39, Tamiami Heights Subdivision in Section 11, Township 50 South, Range 25 East as per plat thereof recorded in Plat Book 1, Page 29, Public Records of Collier County, Florida. Being described as follows: BEGIN at the northeast corner of said Lot 39; thence along the east line of said Lot 39, South 00°31'44'' East a distance of 143.22 feet to the northeasterly existing right of way line of State Road 90 (U.S. 41), per ~ection 03010-2554; thence along said northeasterly existing righ~ of way line North 52°00~49" West a distance of 120.11 feet to a point on the west line of said Lot 38; thence along saii west line, North 00:31'44'' West a distance of 68.37 feet to the northwest corner of said Lot 38; thence along the north line of said Lots 38 and 39, North 89°26'23" East a distance of 33.98 feet to the POINT OF BEGINNING. Containing 9,942 square feet. Leg/) Dlscription Appr~ed by: Willfam E. Ray P.L.S. ~737 Date: NOT VALID UNLESS EMBOSSED -Ir. E.Y3{I B - T "A" Page 1 AGENDA. ITEM JAN 1 2003 Pg, --~ EXECUTIVE SUMMARY APPROVE A DECLARATION SETTING ASIDE COUNTY-OWNED LANDS FOR IMMOKALEE ROAD RIGHT-OF-WAY AND FOR STORMWATER RETENTION AND TREATMENT. (FISCAL IMPACT: $28.50) OB~IECTIVE: To establish for the public record that certain lands owned by Collier County shall hereinafter be put to certain specific public uses (right-of-way and stormwater management.) CONSIDERATIONS: Additional right-of-way is required on both sides of Immokalee Road between Collier Boulevard (CR-951) and 43rd Street NE in order to construct the four-laning improvements to this section of roadway. In addition, eleven (11) stormwater retention ponds must be constructed for the treatment of stormwater run-off from the roadway. Collier County is the fee simple owner of certain lands commonly referred to as the "fairgrounds," portions of which have heretofore been Put to uses other than simply as a site for fairs. For instance, this large parcel of land is home to both the Collier County Agricultural Center, as well EMS Station No. 12 . The attached map depicts the location of both of these facilities as well as the proposed right-of-way and the proposed stormwater treatment pond. None of the above-referenced facilities, either existing or proposed, are located within that certain parcel of land under lease to the Collier County Agricultural Fair and Exposition, Inc. This Declaration is to be recorded in the public records as constructive notice to all that the subject property is being put to the uses as described. FISCAL IMPACT: Fiscal Impact associated with this Executive Summary is $28.50 (recording fees) and is provided for in fund 313, Project 60018. Source of funds is Gas Taxes. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary." RI~COMMENDATIONS: Recommendation that the Board of County Commissioners: Approve the attached Declaration and authorize its Chairman to execute same on behalf of the Board; and Authorize staff to record same in the public records of Collier County, Florida. JAN 1 ~1 2003 Pg. Page 2 of 2 SUBMITTED BX~~.~..~ ,~.~~/' Date: Sl~aroh Gilbert, O~tio~s Cobr~inator End, traction~~ M~agement Depa~ment ~V~D ~~~~ Date:/~-/~-~ ~vin ~dric~ight-of-Way ~itic, n Manager Engineenng~ ~stmction Management Dep~tment APPROVED BY: ~~~ Date:/~ Gregg R. Strakaluse, P.E., Director Engineer~g and Construction Management Department APPROVED BY: [~ ~ ~ Date: Norma¢ Feder~ AICP, Administrator Transportation Services Division A N ! JAN 1 2003 pg. ~., JAN I PROJECT: Immokalee Road PARCELS: 204 and 804 DECLARATION OF ROAD RIGHT-OF-WAY AND STORMWATER RETENTION AND TREATMENT POND THIS DECLARATION is made this __day of_ 2002, by COLLIER COUNTY, a political subdivision of the State of Florida, having a mailing address of 3301 East Tamiami Trait, Naples, Florida 34112, hereinafter referred to as "Declarant." Declarant is the owner of cert~ir reat property situated in Collier County, Florida, more fully described below, '~e'e nafter referred to as the "Property." See attached Exhibits "A" and "B" which are incorporated herein by reference. Declarant hereby declares that the Property ~s and shall be used and occupied for the purpose of constructing and maintaining transportation and roadway-related facilities, and storm¢,ater retention and treatment facilities with Parcels 204 and 804, described in Exn bits %" and "B", respectively, attached hereto and made a part hereof, This Declaration may be amen:leo or terminated by an affirmative vote of the Board of County Commissioners. ATTEST: DWIGHT E. BROCK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORDA ,Deputy Clerk ,Chairman Approved as to form and legal sufficiency: JAN I 20C3 pg. SKETCH OF RIGHT-OF-WAY EXHIBIT... TRACT "1" GOLDEN GATE ESTATES UNIT 59 80' DRAINAGE EASEMENT ~ R=28,565.89 L=651.02 Tcn=~30.52 ~1 '! 9'3~" NOT TO SCALE g0'4~'55" W reACT "B" ~~ WILKISON WA~EWAYS OF NAPLES ~ASSOClATES UNIT 7 ENGINEERS, SU~ORS ANO P~NNERS 3506 ~C~GE AVE. ~LES, F~. 54104 (9~1) 643-240~ F~ NO. (941) 643-5173 ~ORIDA BUSINESS MCENSE NO. ~5770 I SCA~NOT SEC/SUB ~ W.O. NO. DRA~BY ' ~ SHEET FB PG ~ CHECKED BY D~. NO. 10/01 1 OF 2 I DJH IR-L-204-1 AGENDa, I~,~M JAN 1 2003 DESCRIPTION OF RIGHT-OF-WAY EXHIBIT Description: A portion of Sections 71 and t4, Townst'ip 48 South, Range 27 East, Collier County, Florida, being more particuiady describer os follows: Commence at. the Northwest Corner of said Section 14; thence South 88'29'48" East, along the Northerly Line of Said Section !4, for a distance of 50.00 feet, to a point on the existing Easterly Right. of Way Line cf State Road 845 (Immokalee Road) and the POINT OF BEGINNING of the herein descrbed parcel; thence North 00'24'23" West, along the snid Easterly Right of Way Line, for a distance of 270.24 feet, to the Southwesterly Corner of Tract 1, Golden Gate Estates Unit 59, as recorded in Plat Book 7, Page 59, of the Public Records of Collier County, Florida; thence North 89'35'30" East, along the Southedy Boundary of said Tract 1, for 3 distance of 27.74 feet to a point on a circular curve, concave Eastedy, whose ~cius point bears South 88'50'50" East, a distance of 28,565.89 feet therefrom; thence run Southerly, along the arc of said curve to the left, having a radius of 28,565.89 -'eat, through a central angle of 01'19'33", subtended by a chord of 661.00 feet at a bearing of South 00'29'23" West, for an arc length of 661.02 feet to the end of said curve; thence South 01'08'56" West, for a distance of 523.90 feet, to a point on Ihs Northerly Boundary of Tract "B", Waterways of Naples, Unit Seven, as recorded in Pl,]t Book 36, Pages 72 through Page 78, of the Pub{ic Records of Collier County, Floridc; tqence South 89'49'55" West, along the Northerly Boundary of said Tract "B"for 3 distance of 28.01 feet, and to the said Easterly Right of Way;, thence North C1'£8'55" ~.ast, along said Riglat of Way a distance of 914.59 feet, to the POINT ©? BECINNI'~G; Cont. aining 0.707 acres, more or less, Notes: 1. This is not c survey. 2. Basis ~f bearing is State Plane C~orcinates, Fiorida East Zone. 3. Subject to easements, reservcUon5 ar, a restrictions of record. 4. Not valid without Sheet 1 of 2 cspi:t',ng Sketch of Description and bearing the original sgnature and embossed seal of a Florida registered Surve),o- =nd Mopper. SCALE AS NOTED DATE SKETCH AND DESCRIPTION iWILKISON TES ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES FLA. $4104` 94.1) 643-2404, FAX NO, (94.1') 64,3-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUB I W.O. NO.I BRAWN BY F~LE NAME oo 4.,I E^w oo-o, -ooo. wo / 2 OF 2 I Dd~ 18-L-204-2 SKETCH OF STORMWATER RETENTION AND TREATMENT POND TRACT "1" GOLDEN GATE ESTATES UNIT 59 '--i i ~.~_ 27.74' ..~ 11 //-/~--80' DRAINAGE EASEMENT., R=28,729.89' ~ El /~/ N 89'33'30" E 382 DO', Ton=20.O0' ~: t S 89'33'30" W ~: [~/ >,>/1 ~'o EXHIBIT..~ S 88'29'48"~ E~ 50.00' POINT OF COMMENCEMENT SOUTHWEST CORNER CF SECTION 11-4B-27 0 99' 5~9'53'30"W 01'0856" E 120.00' a,..,,,~--SOUTH LiNE OF SECTION ~j~ S 89'49'55" W 28,01' 74' ACCESS EASEMENT WATERWAYS OF NAPLES UNIT 7 NOT TO SCALE DAVID J. H~.,TT: P:~M'~."'(FOR THE FIRM) FLA. UC. ~1~. 5834.~''~ NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORID.~ LICENSED SURVEYOR AND MAPPER wt o. nJwmer"'"'s ..... -:: :.,,. ~ ~L£ SKETCH ANO DESCRIPTION OF:A ~RTION OF 5EC~ON ~4. TOWNSHIP 4a SOUTH, ~NGg ~, ~ ~ ~T{- COLLIER COUNW FLORI~. * ~'~'~'~'~ ~ 2 or ~ IR-L~04 ~ ~.~.~'~'~--~ OZ/02 040~-00~-~0 JAN 11t 2003 DESCRIPTION OF STORMWATER RETENTION AND TREATMENT POND Description: EXHII T A portion of Section 11, Township 48 Eau[h, Range 27 East, Collier County, Florida, being more particularly described os follows: Commence at the Southwest Corner of said Section 11; thence South 88'29'4-8" East, along the southerly line of said Section 11. for o distance of 50.00 feet, to o point on the existing easterly right of way line o,-' State Rood 846 (Immokalee Rood); thence North 01'08'56" East alan9 the existing easterly right-of-way llne for o distance of 0.99 feet; thence North 00'24'44" West, alan] [ne said easterly right of way line, for o distance of 269.2.5 feet. to the South~.esterly Corner of Tract 1, Golden Gate Estates Unit 59, as recorded in Plot Book 7, Pcc~e .59, of the Public Records of Collier County, Florida; thence North 89'53'50" East, c~,ang the Southerly Boundary of said Tract 1, for o distance of 27.74 feet to the POINT OF BEGINNING of the herein described parcel; thence continue otong said southerly boundary North 89'33'30" East for o distance Of 583.00 feet: thence South 00'24'44" East [or o distance of 200.00 feet; thence South 89'55'50" West for o aistance of 120.0~ feet; thence North 00'24'44" West for o distance of 160.00 feet; lhence South ~0'55'50" West for o distance of 263.20 feet to o point on o circular curve, concave Ecsteriy, whose radius point bears South 89'54'57" West, o distance of 28,729.89 feet the-errata; thence run Southerly, clang the arc of said curve to the ieft, having o radius of 28,729.89 feet. through o central angle of 00'04'47", subtenced by a cnoro of 40.00 t'eet at o bearing of North 00'07'45" West, for on arc ;ength of 40.00 feet to the eno of said curve and the POINT 0-- BEGrNNINC; Containing 0.793 acres, more or less. No[es: q. This is not o survey. 2. Basis of nearing is State Plane Captaincies, Florida East Zone. 3. Subject to easements, reservations and restrictions of record. 4, Not valid without Sheet ! of 2 c~c;cUng Sketch of Description and bearing the origirol signature and embossed seal of o Florida registered Surveyor or~d Mopper. WiispnMiller ..... h~. COLLIER COUNTY SKETCH AND DESCRIPTION ~w~,~.~.~.~.~are~km.~~ FA PORTION OF" sEcrloIV 14, TOWN, SHIP 48 SOUTH, RANGE COLLIER CDUNTY FLORIDA. o,o,,~-oO,-ooo I 2 or 2' IIR-L-Z 04 JAN 1 2J03 Pg. ~ EXECUTIVE SUMMARY TO AWARD BID #02-3412 FOR TRAFFIC SIGN MATERIALS TO OSBURN ASSOCIATES INC. AND MUNICIPAL SUPPLY AND SIGN COMPANY IN THE ESTIMATED AMOUNT OF $100,000.00 OBJECTIVE: To award Bid g02-3412 in order to provide for the efficient supply of traffic sign materials. CONSIDERATIONS: The County's Transportation Operations Department purchases traffic sign materials in order to control traffic on the County's roadways. Bid #02-3412 - Traffic Sign Materials was posted on July 22, 2002. Thirty notices were sent, fourteen packages were requested, and five bids were received on August 15, 2002. Staff has reviewed the bid results. Rocal was low bid on ten of 94 items, and was low bid on one out of 17 categories. On June 1, 1999, with regard to Bid #98-2822, Traffic Sign Materials, Rocal was written a letter regarding late deliveries and poor quality products. No response was received from Rocal, and Staff does not recommend award of any category to Rocal. Osburn Associates Inc., located in Ohio, was low bidder on nine of seventeen categories as indicated by the shading on the attached bid tabulation and Staff recommends that they be awarded those nine categories as primary. Staff recommends that Municipal Supply and Sign Company be awarded as secondary on those nine categories, to be used for emergency pick-up of supplies only. Municipal Supply and Sign Company was low on eight of seventeen categories as indicated by the shading on the attached bid tabulation and Staff recommends the award of those eight categories to that vendor. FISCAL IMPACT: Funds have been budgeted in the Transportation Services Fund (101) for the pumhase of traffic sign materials in the estimated amount of $100,000.00. Source of funds are ad valorem taxes. GROWTH MANAGEMENT IMPACT: Although there is no growth management impact in awarding this bid, the award is consistent with the County's desire to streamline the purchase of goods and services. RECOMMENDATION: That the Board of County Commissioners award Bid g02-3412 Traffic Sign Materials as indicated above. SUBMITTED BY: Steve E. Ritter, Field Supervisor, Traffic Operations , AGENDA IT~M~.~" NO. ~_ t_- _ JAN 1 ~t 2003 Pg. ~ REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Robert W. Tipton, PE, Traffic Operations Manager .~~ ~] J ~~ Date: Stephen 5. ~11, ~rchasing Director Edw~~~~~nspo~ation O~ratiO:Sat~:re~[/7. No.alE. Feder~ AICP, Transportation Ad~nistrator / No._ ~9_ ~_- -_ JAN 1 ~ 2003 pg. AGENDA ITEM No._ ~,~-- :~-~ JAN 1 ~ 2003 pg. AGENDA ITEM..._ No~ JAN 1 4 2003 AGENDA ITEM~-'" No. "1~.L % .~ JAN 1 q 2003 .o.~~ JAN 1 6 2003 Pg. q _ AGENDA ITE~ No. /~ t.., ~ __% JAN 1 h 2003 EXECUTIVE SUMMARY AWARD CATEGORY GROUPING SECTIONS OF BID NO. 02-3394 "TRAFFIC OPERATIONS COMPONENTS" TO: CONTROL SPECIALISTS COMPANY, TRAFFIC PARTS, INC., TEMPLE, INC., TRAFFIC PRODUCTS, INC., and TRANSPORTATION CONTROL SYSTEMS, INC. IN THE ESTIMATED AMOUNT OF $147,000.00. OBJECTIVE: Award category grouping sections of Bid No. 02-3394 "Traffic Operations Components" to: Control Specialists Company, Traffic Parts, Inc., Temple, Inc., Traffic products, Inc., and Transportation Control Systems, Inc. CONSIDERATIONS: The Collier County Transportation Operations Department purchases traffic control equipment/materials to effectively route and control traffic in a safe and orderly manner on the county's roadways. Bid No. 02-3394 "Traffic Operations Components" was posted on September 6, 2002 for the purchase of required equipment/materials. Twenty-one Bid/RFP packages were requested and sent out for quotes on this bid and six were returned. The bids for Traffic Operations Components was relatively competitive, however, some of the items that were low bid did not appear on the State Approved Products List or did not otherwise meet our specifications and were therefore eliminated from consideration. The remaining lowest and best bids were grouped with the appropriate vendor for future purchase under the quoted cost for a contract ending date of September 30, 2004. The bid tabulation sheet is attached and the items awarded to each vendor are shaded. ~_FISCAL IMPACT: Funds have been budgeted in the estimated amount of $47,000.00 in (101) a-~~00.--~n ('~'3) Project 60172. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners award the two year "Traffic Operations Components" Bid No. 02-3394 as a category grouping pursuant to the attached bid tabulation. SUBMrlWED BY:j,,/W. Ml. ljer, Enl[ineering~Technician, Traffic Operations DATE: /~' 7--O- L~7-. REVIEWED BY:'~ ~',e~U ~'~/-~, -~ /~ ' DATE: Robert W. Tipton, P.E., Tff/iffic Operations Manager REVIEWED BY: ~ ~ c_~, ~/~ DATE: ~[4~ire~tor REVIEWED BY: [ A'I~ J' - 5 i, Transportation Services Director / APPROVED BY: AICP, Transportation AdministratorI~g. r ^m -- Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z ZlZ Z Z Z U'= ZZZZlZZZZZZZZZZlZZZZZZZZZZZzzzzzzIzzzzzzzz Z ZZ Z ~ Z Z ZZ Z ZlZ Z Z Z Z Z Z Z,Z ZZ~Z Z Z Z Z Z Z ZZZ ZZ ZZ Z Z Z Z Z Z ZZ ~z zzzzzzizzzl~zzzzz~zzzlz:zzzzzzzzzzzzzz~zzzzzzzzzz JAN 1 q 21~ JAN EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENTS TO CARRY FORWARD FUNDS TO RE OPEN A PURCHASE ORDER IN FY 03 THAT WAS CLOSED BY MISTAKE IN FY02 IN THE AMOUNT OF $41,062.54. OBJECTIVE: To obtain BCC approval of budget amendment to carry forward funds to reopen a purchase order that was closed by mistake at the end of FY 02. CONSIDERATIONS: At the end of each fiscal year, a list of purchase orders is provided to the Purchasing Department and Finance Departments of purchase orders that need to be rolled into the next fiscal year. Because of the magnitude of the number of purchase orders that roll, occasionally a few purchase orders get closed by mistake. Below is a list of several purchase orders that were marked to roll into fiscal year 03, but were closed by mistake during the roll. Herman Miller Workplace Resource Fund (101) Herman Miller Workplace Resource Fund (111) Herman Miller Workplace Resource Fund (313) Total $ 22,000.00 PO-207068 $ 13,562.54 PO-207068 $ 5,500.00 PO-207068 $ 41,062.54 Funds will need to be recognized as cart? forward in each respective fund in order to reopen this purchase order. FISCAL 1MPACT: Budget amendments are needed in Funds (101 ) Transportation Services $22,000, (312) Transportation and Engineering Construction Management $5,500, and (111 ) MSTD General Fund $13,562.54 to recognize carry tbrward funds to re open the purchase order. Total amount of funds to carry forward is $41,062.54. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the BCC approve/authorize the necessary budget amendments to carry forward funds to re open the above listed purchase orders in FY 2003 for Funds 101, 111, and 312. S~ar~)n NeWman, Accounting Supervisor Transpo~]ion Services xt l REVIEWED BY: / ,~5~_, .~, ~ -tion DATE: 4~7/~_~~'- Norman/E.'Feder, AICP, Transporm Administrator / ! JAN 1 ~ 20000033 PO- VENDOR NUMBER: PURCHASE ORDER SEND INVOICES TO: BOARD OF COUNTY C0MMISSl0NERS ATrN: FINANCE DEPARTMENT P.O. BOX 413016 NAPLES, FLORIDA 34101-3016 E SHIP TO NUMBER: 'C;-?~ '" ~; c, ~ ....... :;, ...................... .... · ,-- TOTAL AMOUNT --n t/I- /¢3&q5 - O0o, oo ~,Ooo ,00 6,60-o.00 ql, 5¢I TAX EXEMPTION (FL.) NO. 21-07-019995-53C TOTAL =OLLOW UP INFORMATION, COMMENTS, ETC. No.~ JAN 1 ~ Zuu~ BY pg. "'L. DEPARTMENT CO,PY PURCHASING AGENT EXECUTIVE SUMMARY "APPROVAL OF A BUDGET AMENDMENT IN THE AMOUNT OF $2,317.00 TO ADD REIMBURSABLE EXPENSES TO THE MCGEE & ASSOCIATES CONTRACT FOR US 41 NORTH PHASE II AND DAVIS BLVD. LANDSCAPING RENOVATION PHASE IT'. OB~JECTIVE: For the Board to approve a budget amendment with McGee & Associates for U.S. 41 N ~ Il (between Gulf Park Drive and Vanderbilt Beach Road) and Davis Blvd. Landscaping Re, novation Phase II (between Airport-Pulling and County Barn Road) to add reimbursable expenses to the McGee & Associates Contract for out of pocket expenses associated with the project. CONSIDERATION: The original project task and fee schedule for the landscape and irrigation design for US 41 North Phase II and Davis Blvd. Landscaping Renovation Phase II referenced the agreement for professional landscape architectural services but did not specify an amount. The agreement allows for reimbursable expenses at the completion of each work order. The reimbursable blueprinting expense for US 41 North Phase II is $300.00. Davis Blvd. Landscaping Renovation Phase II reimbursable blueprinting and plan reproduction costs are $2,017.00. FISCAL IMPACT: A budget amendment is needed to transfer $2,317.00 from the MSTD Fund 111 Reserves and appropriate in this project. Funds will come from fiscal year 2003. The source of funds is ad valorem taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approves an increase to the purchase orders in the amount of $2,317.00 to reimburse McGee & Associates for out of pocket expenses and approve the necessary budget amendment. REVIEWED BY: REVIEWED BY: APPROVED BY: ,~ / ,,/ Date: P~ :la~ulic h, A~~oject Manager ~"~,~A~/~//~ ~~ Date: ~ J. Ka~~ransp~nation Operations Director '/~,~~ Date: ~~~n E. FedeX, AICP, TranspO~atiOn Ad~nistratOr ~ JAN 1 2003 EXECUTIVE SUMMARY REQUEST THE BOARD TO APPROVE PURCHASE OF PROFESSIONAL SERVICES AND A NOISE BARRIER SYSTEM FOR $97,904 FROM NOISE CONTROL TECHNOLOGIES. THE PROJECT IS LOCATED ALONG THE WEST SIDE OF THE MAINTENANCE EQUIPMENT YARD AND THE ONSITE GENERATOR AT 4800 DAVIS BOULEVARD. OBJECTIVE: For the Board to authorize the purchase of professional services and a noise barrier system to mitigate noise generated by equipment and personnel at the Road Maintenance facility located at 4800 Davis Boulevard. In addition, the recommended system will be designed to provide a visual barrier between the equipment yard and adjacent residential neighborhood. Noise and visual aesthetics are the two main concerns of the adjacent homeowners association. CONSIDERATIONS: The relocation of employees and equipment from the County Barn facility to the FDOT facility at 4800 Davis Boulevard combined with the consolidation with FDOT employees and equipment has increased the level of activity in the yard nearly ten-fold. As a result, complaints from the nearby residences have increased concerning noise and visual impacts on their neighborhood. Maintenance staff has met with the adjacent homeowners association to hear their concerns and suggestions. Several operational changes have already been made to minimize the impact of noise from personnel and equipment. The next step in the mitigation effort is to hire a professional firm that can measure noise levels, analyze, design and construct an effective noise abatement system. This will require hiring a firm with both expertise and proven technology in the design-build process. The attached proposal from Noise Control Technologies provides more detail.  FISCAL IMPACT: Funds in the amount of $97,904 are available in the Transportation Services Fund, in the FDOT Asset Mgmt. & Road Maintenance cost centers. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: Authorize the purchase of professional services and the installation of a noise barrier system from Noise Control Technologies. Micha'~A~. ~"~la'--~a~': P.X.:Ro'~ M~ihte-nance Director ~on ~/w~ah~X~u~ing S~pe~isor ' ~PRO~D BY: ~~~~ DA~: N n E. Feder, AICP, Transportation Admnistrat, No~OEN~ JAN 1 q 2003 pg. 6860 SW 45~ Lane, #7 Miami, Florida 33155 Phone: 1-305-668-8284 Fax: 1-305-740-0023 mark(~noisecontroltechnologies.com SOUND MITIGATION SERVICES Collier County Transportation Road Maintenance Department Mr. Anthony "Rex" Wiggins Contracts Agent 4800 Davis Boulevard Naples, FL. 34104 Dear Mr. Wiggins: RECEWED D~--[.- ~.'i L~~ ROAD MAINTENANCE DEPT. By your authorization and request, we are putting together this evaluation and proposal for a Noise Barrier System along the West side of your equipment yard on 4800 Davis Boulevard. I reviewed the site and am aware of the objective to provide sound mitigation for the residential properties that are in close proximity to the equipment yard. I understand that you are being "good neighbors" in providing this improvement to your property. Criteria: The primary source of noise that we are providing the abatement for with the barrier is the start up noise from the diesel trucks in the morning where they are parked in your equipment yard. Diesel trucks idling to warm up are a very common noise abatement issue and are one we are very familiar with. The other noise sources are your compressors and the emergency generator behind the shop. We need to provide a solution that will provide a minimum 10-dBa reduction to the first and second row receivers to the West of your property. While on site I recommended and Mr. Wiggins agreed that it would be wisest to configure the wall so that it connects to the back wall of your shop instead of extending all the way to the end of your property. The wall will extend pass the temporary enclosures for the compressors and the emergency generator thus providing mitigation for those sources as well. The wall can take a right angle down near the Hazmat area to enclose that parking area without compromising effectiveness. This would give the benefit of once again not having to go all the way to the end of your property to the South. The Barrier will need to be absorptive in three different areas to compensate for the insertion loss degradation that will occur because of reflection off of the bodies of the trucks and the back wall of your shop. __,.AGENDA iT.F,M x JAN1 2003 NoV. ember 27, 2002 Page 2 There will need to be two 100-foot sections in the two areas where the trucks are parked and one 50-foot section behind the shop where the emergency generator and the compressors are located. This will also give the added benefit of reducing the reflection towards the receivers on the East side. We have also considered your drainage issues. The barrier that goes in place will necessarily be a post and panel type system to not interrupt your drain fields. The wind loads that are being used are 145 MPH for each system. There are two.artier lengths until you decide if we can cut across at a dght angle: a. Extending all the way to the end of your property to the South; 654 I.f. b. Turning a right angle into your property near the Hazmat area: 582 I.f. Solutions: 1/Vinyl clad galvanized steel barrier: Homeland Vinyl Clad Fencing out of Ontario, Canada manufactures this product. It is used as a Noise Traffic Barrier and has an STC of 34. This material has the benefit of being almost maintenance free and is easily cleaned. It does have a very industrial appearance. The cost per square foot at a ten-foot height is $13.58. (Absorptive cladding for the three sections add $8,000.00) a. $96,813.20 for 654 I.f. Delivered and installed b. $87,035.60 for 582 I.f. Delivered and installed Homeland Barrier AGENDA ITF..NI No. JAN 1 ~1 2003 Pg. ~> 2/Durisol: This is a composite Portland concrete excelsior product that has the characteristic of being acoustically absorptive as well as having an STC of 42. Very aesthetic and nice looking product. It is installed in a simple post and panel configuration. The cost per square foot for Durisol delivered and installed is $19.50 per square foot: Nov,:mber 27, 2002 Page 3 a. $127,530.00 for 654 I.f. Delivered and installed b. $113,490.00 for 582 I.f. Delivered and installed Durisol Barrier 3/Duratek: Precast concrete barrier system with absorptive finish where required on the inside of the barrier facing the yard. STC-46 product and aesthetically pleasing. The absorption panels are a permanent addition to the barrier where required. The price per square foot for this product is approximately $14.60 per square foot for ten- foot high barrier. a. $95,484.00 for 654 I.f. Delivered and installed b. $84,972.00 for 582 I.f. Delivered and installed AGENDA ITj=,~I No._ "~_ ~, JAN 1 ~ 2003 Pg. ~ Novgmber 27, 2002 Page 4 Duratek Barrier Wall Closing: All of these barriers would be effective for your application. I will note that the Florida Department of Transportation will not put up a metal barrier because of our climate and humidity. There are some less expensive barriers, however they will not give you the 25-year plus life that the barriers above will give you. There are more expensive and complicated barriers as well but that is hardly necessary for this application. The important point here is that you have a durable, long lasting, maintenance free noise barrier in place that is not offensive to your neighbors. This will at least give you a good concept to start with for budgeting this option. Respectfully, Mark Witt Noise Control Technologies No. -'t_..la , -- JAN 1 ~ 2003 pg. )23:': 675 ~: AGENDA I T F.M. No.~ JAN 1 h 2003 RECEIVED ROAD MAINTENANCE DEPT. 77.4, No.AGENDA ITEM Pg. ~ EXECUTIVE SUMMARY APPROVE A CI-LANGE ORDER AND A BUDGET AMENDMENT TO THE IMMOKALEE TPdANGLE BEAUTIFICATION PROJECT # 66071 IN THE AMOUNT OF $34,514.35 FOR THE REMOVAL OF EXISTING ASPHALT AND THE EXTENSION OF DIRECTIONAL BORINGS. OBJECTIVE: To obtain Board approval of a Change Order and a budget amendment to the Immokalee Triangle Beautification project #66071 for the removal of existing asphalt and the extension of directional borings. CONSIDERATIONS: While doing the excavation work it was discovered that approximately 5040 square feet of asphalt that was part of the old roadway was left buffed in the project limits. It is necessary to remove this asphalt to properly install landscaping. Also, shortly after the contract was awarded, the Florida Department of Transportation advised that they had a contract to install sidewalks to this intersection. This required an additional 149 feet of 2 inch directional bore sleeving and 61 feet of 4 inch directional bore sleeving. Approval of a change order is being requested for approval due to the work exceeding the allowable 10% of the current contract amount. FIS CAL IMPACT: A budget amendment is needed to transfer funds in the amount of ~~ ~ ~'e Immokalee Beautification MSTU Fund Reserves and appropriate in the project. Source of funds are Ad Valorem Taxes. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve the change order in the amount of $34, 514.35 to the contract for the Immokalee Triangle Beautification Project # 66071 and approve the necessary budget amendment. SUBMITTED By: ~'~ ~~--&2-x'"J""~ Bob P.e~rsen, Project Manager NIichitel A. Etelamaki, P.E. ; REVIEWED BY: St~pJ~ ~. ~'n_~ilTPurchasing Dir~;or' 7 ~.~~,~ ,on Admm,strator Normj{n E. Fec~r, JkICP, Transportat' ' ' / APPROVED BY: DATE: //2. - DATE: /~//c//OZ" / DATE: /O-/ ~-O d,,.. DATE: AGENDA ITE. M. JAN 1 ?.003 pg._ 1~/18/2002 13:44 23949968t8 H~LLA L~NDSC, N=ING P~E 84 CHANGE ORDER CHANGE ORDER NO. CONTRACT NO. O2-3378 TO: Transportation Operations Collier Cour~ Board of Count~ Commissioners Collier County 2705 Souttt Hores.hoe Drive DATE: ~ber18,2002 PROJECT NAME: Immokalee Triar~lle Landsc~in{i trtstaltation PROJECT NO.: ~tlC~071 - P.O. Jr207501~ Under our A~REEMENT dated Ju~ 30th ,2002. you hereby are authorized and directed to make the following change(s) in accordance wfth terms and condff, ions of ~e Agreemer~: FOR THE (Adcl~e) ~ Sum of:. Original Agreement Amount $ Thirt)/.Four Thousand, Five-Hur~dreQ, Fourte6n Dollan~__a_nd Thirt~'.-Fh,'e Cents 13,4,444.50 0.00 Sum of Previous Changes This Change Order (Ado-) Present Agreement Amour~t 34,514,35 I~,95&85 A~i~ly, t~e ~nt~ ~me ~ n~ ~u~, ~ ~. ~553 ~le~ardays. ~e ~snti~i com~etion date is Ma~ 1,2~3 a~ ~e final ~m~tt~ date ~ Mamh 31,2~3. Your a~an~ of this Cha~e O~ shall ~n~ffute a ~ifi~tion to our ~m~e~ a~ ~11 ~ ~ed su~e~ to alii ~e s~e te~s a~ ~nd~ions as ~ain~ in our Ag~ i~ a~ve, ~ ~1~ ~ ff t~ ~me ~m ~d in ~ a~an~. ~e adj~ment, ~ a~, t~ ~e Agreem~ ~al[ ~e a ful{ a~ final ~le~ of any a~ afl ~aims of t~ Contmm~ ad~ out of or m~at~ to ~e ~a~ ~t f~ h~in, i~i~ d~ f~ ~ a~ ~ey ~s. CONTRACTOR: Hannula La.~scaping, Inc. 28131 Quails Nest Le.~e Bort~ta Springs, FL 34135 ~ ~ai~ F' Hen la, Pfe~i¢ O~'~NER.: BOARD OF COUNTY COMMISSIONERS O~ F ORIDA DESIGN PROFESSIONAL I JAN 1 pg. ..... 1.2/18/2002 13:44 239498G918 F~,~A L~K)~I~ P~C'~E 85 Exh~R E1 WORK DIRECTIVE CHANGE PROXECT NAME: lmmolmlee Trixugie Landscaping ~an CI~ANGF.~ ! DATE OF ISSUANCe: December 18, 2002 E~ DATE: December 18, 2002 OWNER: Coil/er County Board of Comm/ss/o~rs ......................................... ........................................................ .~ ................................................... PRO/ECT: CONTi~CTOR: Hanm~ L~~ In~. D~IGN PRO~SION~: M~ & Y~ are d~ed to ~ p~mp~ ~h t~ foxing ~ang~s): D~fip~on: I. R~ ~ ~d b~ ~ ~t ~ ~oj~ ~e. 2. Ex~d D~o~ Bore duc ~o ~ sid~ i~on, Purpose of Worlc Directive Ch~ge: t. Remove road b~se and ~phalt in order to ~ ti~.mht:mg, Irrigation ~nd Iandsc~ping. 2. E~end Direetiorafl Bore so tha~ hTig~ 'on & electr/cal Do not have to be emended at time of sidewalk installation Attachments: See ~ta~I Change Order No. ! Ifa claim is made t~ tiao above changes) have a~eaed Conu'~ Price or Contra~ Tm~es any claL'n foe a Ch~ge Order based thereon v,411 involve one or more of the fo!tovdng methods ofdetemfining the effect of Lbo Method of determining change in Contra~ Price: [ U nit Prices Lump Sum ~ Other Method of determining change in Contract Times: C~r's records De64_'~rn Professional's reoord E~mat~! increase (4zar-aa~) in COntract Pri~ $ 34,514.35 Estim~ed change in Contract Time: Increase or ~ by 5 cal~dar 12i18/2002 13:44 2394986818 ~ LANDEa"'~IN~ PA~5 02 ~NGI~ ORDER IMMOKALEI?- TRIAN~ LANDSCAPING INSTALLATION' COLLIER COUNTY CONTRACT NUMBER 02-3378 i~ROa~C'~ NUI~BER 66071 $040 149 61 Remove Rosa Base And ,,~pha]t From Project site spe,-_ m,'~-~n Uuit Cost Sq. l~t. $ 6~$ Add 2" Directionnl Bore L, FL Slewing Add 4" DirectionnI l~ore I~ Irt. 1.0.40 15.75 Total_ 1.549.60 Total --- 34,514.35 ]~nnula La~dscapiag, Inc. 2~]31 Quails Nest Lane Bonita Springs, Florida 34135 AGENDA ITI~M. No. '1~.~,. /~) JAN 1 2003 EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID ~N)2-3430 - ANNUAL CONTRACT FOR MILLING OF EXISTING ASPHALT ROADWAYS TO BETTER ROADS, INC. FOR THE APPROXIMATE ANNUAL AMOUNT OF $50,000 OBJECTIVE: To provide an annual contract 'For milling of existing asphalt roadways when necessary for use by all County departments. CONSIDERATION: The Road Maintenance department is responsible for Collier County's 1,399 named roads, 1,003 paved and 205 unpaved for a total of 2,556.94 lane miles. Road Maintenance is also responsible for six State Roadways for a total of 384.9 lane miles. This annual contract is for Scheduled and Unscheduled Work. The Scheduled Work is the milling of an estimated one (1) mile of County roadways. The unscheduled work is any work that was not planned for but due to unforeseen circumstances needs to be milled. Bid #02-3430 was posted on September 03, 2002. One hundred fifty (150) inquiries were sent to vendors. Three (3) bids were received. All legal requirements have been met. 4. Staff has reviewed the bids received and recommends award to Better Roads, Inc., as pdmary and to Bonness, Inc., as secondary. 5. Other County departments or governmental agencies may also utilitize this bid.  FISCAL IMPACT: Funding for Road Maintenance Milling will come from the Transportation Supported Gas Tax Fund. Source of funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: While these contracts have no direct growth management impact, they are consistent with the County's long-term growth plans. RECOMMENDATION: That the Board of County Commissioners award Bid fK)2-3430 to Better Roads, Inc. as pdmary vendor, and to Bonness, Inc. as secondary vendor and authorize the Chairman to sign the standard agreement after review by the County Attorney. JAN 1 2003 REVIEWED BY'.-/'~~ ~""~ f/,-" Date: ~/.~Vli~t, 'suPednten~ent,'~l'ransportation Maintenance/ -Ste~/e C~-a~'nell; >uF~asing/GS Directo~/ REVIEWED BY: APPROVED BY: Date: Micha~'t Etelamaki, Director Transportation Maintenance ~,-~,v' . ,_. Date: No,an E. Feder, Transportation Administrator / AGENDA ~ITE~ JAN 1 ~ 2003 pg. COLLIER COUNTY GOVERNMENT Administrative Services Division Purchasing Department Date: September 13, 2002 Purchasing Building 3301 E. Tamiami Trail Naples, Florida 34112 Telephone: 239/774-8407 FAX: 239/732-0844 http://culli~ ~u¢.net To: Rex Wiggins; Road Maintenance From: Barbara K. Hecker, Purchasing Technician~ Re: Bid #02-3430; Milling of Existing Asphalt Roadways Enclosed please find a copy of the bids and tab sheet for the above referenced Bid. Please review each bidder's pricing, including checking the unit prices against the extended price (mathematical calculations are not checked at tabulation). If other information was required, it has been noted in the tab sheet. If the tab sheet has the notation "See Bid", "See Note", "Comments", it means that there is additional information included and that the BID needs to be reviewed. Remember, "Award of bid shall be made to the lowest, qualified and responsive bidder(s) meeting specifications." Please identify the recommended awardee(s) below, and return this form to Purchasing. If the apparent Iow bidder(s) is not the recommended awardee, please document your reason(s) for your recommendation of another firm(s). If you have any questions, please call me at 774-8985. Recommended Awardee(s):'.' , Enclosures JAN 1 2003 Pg. ~ No. '~e , ~t JAN 1 ~ 2083 Pg. ~ EXECUTIVE SUMMARY APPROVE SUPPLEMENTAL AGREEMENT NO. 1 FOR $142,337.00 FOR CONSTRUCTION ENGINEERING & INSPECTIONS SERVICES BY HDR CONSTRUCTION CONTROL CORPORATION TO ADD INSPECTION SERVICES FOR THE CONSTRUCTION OF THE LAKELAND AVENUE BRIDGE (PROJECT NO. 6so41) OBJECTIVE: To receive Board approval of the negotiated Supplemental Agreement No. 1 for $142,337.00 for Construction Engineering Inspection (CEI).services by HDR Construction Control Corp. for the construction of the Lakeland Avenue bridge. CONSIDERATIONS: On May 14, 2002, the Board of County Commissioners awarded a construction contract to Bonness, Inc., for the construction of Livingston Road Phase IV from Immokalee Road north to the Lee County line, which included the closure of Piper Boulevard's access to Livingston Road. Also on May 8, 2001, the Board of County Commissioners also approved an agreement with HDR Construction Control Corp. for inspection services for this construction project. At the January 14, 2003 Board of County Commissioners meeting, the Board will be considering a change order to the Bonness construction contract to include the Lakeland Avenue bridge ($1.39 million). This bridge would be built (replacing the Euclid Avenue bridge) to provide residents and emergency services with a safe and effective means to cross the Cocohatchee Canal. Pending Board approval of the Bonness change order, inspection services will be required to complete this work. This Supplemental Agreement No. 1 will provide for those services. Staff is recommending that the construction of the Lakeland Avenue bridge be accelerated for the following reasons: The recent closure of Piper Boulevard's access to Livingston Road has removed an option of access from neighborhood residents and emergency services. Although necessary for safety reasons, staff understands the need to promptly establish the Lakeland Avenue bridge as a safe and efficient means to cross the Cocohatchee Canal and access Immokalee Road. In anticipation of the significant construction activity associated with the Immokalee Road Project, staff has identified a way to reduce the level of disruption to the neighborhood and streamline construction activities. Staff has also found ways to reduce the ROW impact of the Immokalee Road project which has caused some minor delay in the construction schedule. This delay, however, will better position the County to sequence construction on east-west arterials. By constructing the Lakeland Avenue Bridge ahead of the Immokalee Road project, traffic circulation and safety is improved and disruption to the neighborhood is reduced during the Immokalee Road project. Pending the Board's approval of Change Order No. 3 to the Bonness, Inc. contract, staff is recommending approval of Supplement Agreement No. 1 with HDR to includes inspection services to oversee the construction of the bridge and other associated work. NoA~-~ JAN I q 2003 PO_~ \ - If approved, the Lakeland Avenue Bridge would commence construction in February 2003 and be completed in late 2003. The Euclid Avenue bridge would not be removed until the new bridge and traffic signal at Lakeland Avenue is fully operational. FISCAL IMPACT: Funds in the amount of $142,337 will come from the TransPOrtation SupPOrted Gas Tax Fund and District I Impact Fee Fund, with Impact Fees being used first. Source of funds are impact fees and gas tax. Funding is to come from Project 66042. GROWTH MANAGEMENT IMPACT: This project is part of County Project No. 65041 and identified as Capital Improvement Element (CIE # 6), which is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Supplemental Agreement No. 1 HDR Construction Control Corp. for the Construction Engineering & Inspection Services tbr the Livingston Road Phase W, and more specifically for the Lakeland Avenue bridge, and authorize the Transportation Administrator to sign the appropriate Work Order. SUBMITTED B~.'r i~,,,,Z~ C~/;~w,~-.:- DATE: ,~ ~E~R. ThoCe, P.E., Principal Project M~ager Tr~spo~ation ~ngineering and Construction Management Dept. APPROVED BY: ~ .~/~~ DATE: Gregg ~. Str&alus~[ P.E., Director Tr~spogation Engineering ~d Construction M~agement Dept. APPROVED BY: APPROVED BY: Steve Carfiell, Director Purch~g Department Norn~ F, ,,der, Admin's ator TranpPOrtation Division DATE JAN 1 zl 2003 PROJECT NAME: BID/RFP #: NAME OF FIRM: CONTRACT AMOUNT: ORIGINAL $ 854,078 CURRENT COMPLETION DATE(S): ORIGINAL: November 1,2003 CURRENT: CONTRACT MODIFICATION CHECKLIST FORM Livinqston Road, Phase IV MODIFICATION #: 1 HDR Construction Control Corp. PROJECT #: 65041 CURRENT $ 854,068 November 1,2003 SUMMARY OF PROPOSED CHANGE(S): Adding CEI services for the Lakeland Avenue Bridqe, which has been added to this proiect(ori.qinally part of the Immokalee Road, U.S. 41 to 1-75 project). JUSTIFICATION FOR CHANGE(S): This was added in order to expedite the construction of the project from 2004 to 2003 and to provide a safer traffic movement to Immokalee Road, via the bridqe and a new traffic siqnal. PARTIES CONTACTED REGARDING THE CHANGE: Dale A. Bathon, P.E., Principal Proiect Mana.qer, Greq.q R. Strakaluse, Director, T.E.C.M.D. IMPLEMENTATION STEPS (Check each before proceeding with change) ~X Proposed change is consistent with the scope of the existing agreement ~X Change is being implemented in a manner consistent with the existing agreement ~X The appropriate parties have been consulted regarding the change DISAPPROVE: Date: COMMENTS: 11/07/02 JAN 1 ~1 2003 ESTIMATED C08TS " i~STRUCTION ENGINEERING & INSPECTION SERVICES PREPARED FOR COLLIERCOUNTY, FLORIDA Project Description: CONTRACT # 00-3184 CEI SERVICES FOR COLLIER COUNTY ROAD PROJECTS LIVINGSTON ROAD PHASE IV (C.O. for Lakeland Ave.. Bridge) EMPLOYEE REGULAR TIME AVG. HOURLY SALARY CLASSIFICATION MANHOURS BILLING' RATE * COSTS Inspector 1732 (Overtime) Inspector 260 PLS 40 CADD Tech. 80 4 Man Survey Crew 80 Material Testing Services: $ 50.00 $ 57.50 $ 90.00 $ 60.00 $130.00 $ 86,600.00 $ 14,950.00 $ 3,600.00 $ 4,800.00 $ 10,400.00 $ 21,987.00 ROADWAY & BRIDGE INSPECTION TOTAL MAXIMUM LIMITING FEES ** $ 142,337.00 Overtime hours based on 15% of the regular time manhours. Estimate prepared by HDR Construction Control Corp. 28210 Ok~ 41 Road Unit 303 .,';.-~enita Sl~ings, Florida 34135 WORK ORDER # HDR-FT-02-02 (Professional Construction. Eng. Insp.) CEI Major Contract Dated May 8, 2001 (Bid #003184) This Work Order is for CEI services for work known as (Title) Livingston Road Phase IV (Reason for Project) To perform Construction, Engineering and Inspection Services for the Lakeland Avenue Bridge, as it relates to Livingston Road. The work is specified in the proposals dated December 2, 2002, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order # HDR-FT-02-02 is assigned to' HDR Construction Control Corp:. Scope of Work: Provide Construction, Engineering and Inspection Services on the Lakeland Avenue Bridge in conjunction with the Livingston Road Phase IV Project. See the attached Proposal. Schedule of Work: Complete work within 1S0 Calendar days from receipt of the Notice to Proceed. Compensation: The County negotiated not-to-exceed sum proposal. will compensate the Firm in accordance with the amount of $142,337.00, as provided in the attached ~/'Lyk~~ ~'- ~ R. Thorpe, P.~,., Principal Project Manager AUTHORIZED BY: ~ ~-N:~ ~ / Gregg R. Strakaluse, P.E., Director, TECMD Date Date APPROVED BY: ACCEPTED BY: Norman E. Feder, AICP 7 '~'~~~w(~~Transp°rtati°n Administrator ~ HDR Construction Control Corp. Date Date 2003 EXECUTIVE SUMMARY APPROVE SURPLUS DECLARATION FOR TWO BEACH RAKES AND APPROVE THE SALE OF ONE OF THE TWO BEACH RAKES TO THE MANUFACTURER'S REPRESENTATIVE, IN THE AMOUNT OF $5,000 OBJECTIVE: To obtain approval of a declaration of surplus for two beach rakes assigned to the Parks & Recreation Department and to approve the sale of one of the two beach rakes to the manufacturer's representative. CONSIDERATIONS: Beach raking has been conducted by the County since the major beach renourishment project in 1996. Prior to that time, grooming and trash collection were handled with smaller equipment. Over time, this function has grown to its present state of four beach rakes, three tractors and three full-time operators. The Environmental Advisory Council, the Coastal Advisory Committee and the City of Naples have requested the curtailing of beach raking in favor of returning to grooming and trash collection. The City of Marco Island has informally indicated that they too will want to change the operations on their beaches. Accordingly, operations are being adjusted. There will still be times when beach rakes will be used for picking up dead fish from red tide events, major storm debris and other occasional uses. The County currently owns four beach rakes, txvo manufactured by Beach Tech and two manufactured by Barber. Both of the Barber rakes were purchased more recently under a best-value contract selection process. Until a final determination has been made on whether to keep one or two rakes in reserve, it is proposed to retain two rakes - both of the Barbers. The oldest Beach Tech is in the Fleet Management yard and will be sold at the next auction. The newer Beach Tech had been an ongoing operation and maintenance challenge. After numerous discussions and repairs by both County staff and the manufacturer's representative, the manufacturer's representative offered to ship the rake to the factory in Germany for a complete review. The factory's report indicated no manufacturing warranty defects and listed $11,587 of repairs and $5,200 in shipping costs to have the rake returned in full operational readiness. The manufacturer's representative, PG Greiner, Inc., has offered to purchase the rake for $5,000 and to waive any potential claims against the County for shippinffi~osts. This will avoid any further cash outlay and also dispose of a unique piece of equipm ~nt that may not bring a fair price at auction. FISCAL IMPACT: The proceeds of both the $5,000 sale and the auction will generate revenue that will be placed in the TDC - Beach Renourishment Fund (195). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. AGENDA ITF_.~ No. /kc ! JAN 2003 Pg. ( RECOMMENDATION: That the Board of County Commissioners 1) approve a declaration of surplus for two beach rakes assigned to the Parks & Recreation Department and 2) approve the sale of one beach rake to the manufacturer's representative for $5,000. SUBMITTED BY: ~~~/; Date: Ron Hovell,'P.~., Coastal Projects Manager / REVIEWED BY: ~7R9~ B.~An~ublic Utilities EnginDe;t~:n?Dir~e~t/oo~ REVIEWED BY: ' ~,~/.¥~ ~;/~.l,qd'~'~ ---, Date: IZ"/~Z';r//a2-'' t ~1~ Ram~e)Y,-Par~"31Rgcr~otl Director / / ~ Ja3~s W. DeLony, P.E., Pubfie/Utilities Ad~ministrator JAN 1 2OO3 PG. ~ EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID W/~STE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $18.00 TO RECORD THE LIENS. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1992 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 94-668 adopted by the Board on September 13, 1994 provided for the recording of the list of 1992 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 94-668 was recorded on September 19, 1994 in Official Record Book 1986, Pages 766 through 942 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1992 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 2 accounts that have been paid in full for the 1992 Solid Waste Collection Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Liens and the Resolution is approximately $18.00, which is to be charged to (Fund 408) Public Utilities/Mandatory Solid Waste. GROVV'rH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 2 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign these 2 Satisfaction of Liens for the 1992 Solid Waste Collection Services Special Assessment Liens. Prepared by: Pam Callis, Revenue Supervisor Utility/l~'illing and .Customer Service Reviewedby: /~.~. /' ~"~~'~'~ '¢~esa A. Riesen, Revenue Manager Utility Billing and Customer Service J(:~,;A. Yon~ Direx;tor- Ut3/t~ Billing and Custo_m~rvice Approved by: ~'~es W. DeLony, p.F:., Adn~nistrator, tilities Division Date: Date: Date: ~ ~.-/'z.--(/o 7 NO,~ JAN 1 ~ 2003 RESOLUTION NO. 2003 - A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS 1 2 3 4 5 6 7 8 9 WHEREAS, pursuant to Collier County Ordinance No. 9~30, as amended, the Board of county commissioners on September 19, 1994 adopted Resolution NO. 94-668 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1992; and WHEREAS, Collier county Ordinance No. 90-30, as amended, requires the Board to approve bY Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier county Ordinance NO. 90-30, as amended, the Board recognizes full payment and receipt of the 1992 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution NO. 94-668, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien at-~ached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of countv commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individuallv in the official 26 27 28 29 30 31 32 33 34 35 36 37 38 39 41 42 43 records of Collier County: Account NO. 101103 ACCOUnt NO. 52605 This Resolution adopted this after motion, second and majority vote. day of , 2003, Al-rEST: DWIGHT E. BROCK, CLERK 44 Approved as to form and 45 le~.~h cy: 48~LD~vid C.,~rveigel 49 County AL-torney 50 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: CHAIRMAN JAN I q 2003 ~G. -~ This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 57923320001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: De Nicola, Michael J 3210 Arlington Ave #160 Riverdale NY 104630000 The Lien was recorded on the 19th day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars And Seventy Four Cents (100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. described as follows: MARCO BCH UNIT 11 BLK 352 LOT 14 OR 1211 PG 2197 Folio No. 59723320001 Project No. 61000 Account No. 101103 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in 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 this Satisfaction of Lien, by action of the Board this __day of · 2003. A]-I'EST: DWIGHT E. BROCK, CLERK Approved as to form BOARD OF (. OUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. CHAIRMAN JAN I 2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 36325720000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Stall, Jefferson A 1833 Courtyard Way Naples, FL 341129309 The Lien was recorded on the 19th day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Three Hundred Two Dollars and Twenty Two Cents ($302.22) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 6 BLK 227 LOTS I + 2 OR 1109 PG 1012 Folio No. 36325720000 PROJECT NO. 61000 Account No. 52605 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in 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 this Satisfaction of Lien, by action of the Board this ~day of · 20O3. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form a~~l~i e n cy..........~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: CHAIRMAN JAN 1 2003 EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN ~=ULL FOR THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $18.00 TO RECORD THE LIENS. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1993 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 94-694 adopted by the Board on September 20, 1994 provided for the recording of the list of 1993 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 94-694 was recorded on September 22, 1994 in Official Record Book 1987, Pages 1514 through 1749 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1993 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 2 accounts that have been paid in full for the 1993 Solid Waste Collection Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Liens and the Resolution is approximately $18.00, which is to be charged to (Fund 408) Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: 'That the Board of County Commissioners adopt the attached Resolution approving the 2 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 2 Satisfaction of Liens for the 1993 Solid Waste Collection Services Special Assessment Liens. JAN 1 ~ 2003 PG. ! Pam Callis, Revenue Supervisor U~ing and_Custo~mer Service Teresa A. Riesen, Revenue Manager Utility Billing and Customer Service U~ I~ illingr, z.~ ,~. e r~~'~. " Approved by: ~ ~ ~m~ W. DeLony, P.E., A~nistrator,  ~ Utilities Division Date: Date: Date: ~'~:~ o~.-..- JAN 1 ~ 2003 1 2 3 4 5 6 8 9 10 I1 12 RESOLUTION NO. 2003- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on September 20, 1994 adopted Resolution No. 94-694 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1993; and t3 WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to 14 approve by Resolution and record in the Official Records a Satisfactions of Lien on all ]5 accounts that have been paid in full. 16 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 17 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County is Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 19 1993 Service Year Solid Waste Collection and Disposal Special Assessment for the 20 following accounts numbered below, subsequent to the adoption of Resolution No. 94-694, 2] whereupon a lien had been recorded on real property pertaining to the accounts identified 22 herein. The Satisfactions of Lien attached hereto referencing the accounts identified 23 herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the 24 Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Account No. 10773 Account No. 20352 This Resolution adopted this~ second and majority vote. day of , 2003, after motion, ATTEST: DWIGHT E. BROCK, CLERK 43 45 Approved as to form and 4/~David C. 5¢ County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: CHAIRMAN JAN 1 2003 I ~'~. ~ I This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 36325720000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Stall, Jefferson A 1833 Courtyard Way Naples, FI 339620000 The Lien was recorded on the 22nd day of September 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Three Hundred and Two Dollars and Twenty Two Cents ($302.22) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT6 BLK 227 LOTS 1 + 2 OR 1109 PG 1012 Folio No. 36325720000 Project No. 63000 Account No. 10773 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in 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 this Satisfaction of Lien, by action of the Board this __ day of ,2003. A'I-rEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency RORERT Z-~CHARY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) T/4-8400 Property Folio No. 57923320001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS QF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: De Nicola, Michael J 3210 Arlington Ave #160 Riverdale, NY 104630000 The Lien was recorded on the 22nd day of September 1994, in Official Record Book 1987, Pages 1514 through 1749. in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: MARCO BCH UNIT 11 BLK 352 LOT 14 OR 1211 PG 2197 Folio No. 57923320001 Project No. 63000 Account No, 20352 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in 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 this Satisfaction of Lien, by action of the Board this . day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: CHAIRMAN AC,~e~OA IT£1'I A "~ JAN 1 2003 I EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $30.00 TO RECORD THE LIENS. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1994 Solid Waste Collection Services SPecial Assessments. CONSIDERATIONS: Resolution No. 95-475 adopted by the Board on August 22, 1995 provided for the recording of the list of 1994 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 95-475 was recorded on September 14, 1995 in Official Record Book 2099, Pages 1338 through 1574 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1994 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 4 accounts that have been paid in full for the 1994 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Liens and the Resolution is approximately $30.00, which is to be charged to (Fund 408) Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 4 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 4 Satisfaction of Liens for the 1994 Solid Waste Collection Services Special Assessment Liens. AC..,[N0~, IT[II i JAN 1 ~ 2003 Prepared by: Pam Calli>~W, evenue Supervisor Utility B~ng and Customer Service Reviewed by: //~'}, t~~ ~ Ter~e~a A. Riesen, Revenue Manager Utility Billing and Customer Service Reviewed by: ~~~~ Jo~n'A. Yo~l~o~r~ctor~ Utii~ Billing an~.d/C~torne? Service Approved b~~~p.E., Administrator, P~ Utilities Division Date: \ ~-~, ~b\_~.. Date: /,~/0 °/''~/ Date: Date: JAN 1 ~ 2003 RESOLUTION NO. 2003- 2 3 A RESOLUTION APPROVING SATISFACTION OF LIENS 4 FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE ¢ 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES 6 SPECIAL ASSESSMENTS. '? WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board s of County Commissioners on August 22, 1995 adopted Resolution No. 95-475 authorizing 9 the recording of notices of liens for the delinquent solid waste collection and disposal ]0 services special assessmants for 1994; and it WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to 12 approve by Resolution and record in the Official Records a Satisfaction of Lien on all t3 accounts that have been paid in full. t4 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 1¢ COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County 16 Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the ~? 1994 Service Year Solid Waste Collection and Disposal Special Assessment for the ~8 following accounts numbered below, subsequent to the adoption of Resolution No. 95-475, 19 whereupon a lien had been recorded on real property pertaining to the accounts identified 20 herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein 21 are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board 22 of County Commissioners, and the Clerk is directed to record this Resolution and these 23 Satisfactions of Lien individually in the official records of Collier County: 24 25 Account No. 9289 26 Account No. 10184 27 Account No. 20815 28 Account No. 19075 30 This Resolution adopted this __day of ,, 2003, after 31 motion, second and majority vote. 32 33 34 ATTEST: 3¢ ,DWIGHT E. BROCK, CLERK 36 37 38 39 4O 41 Approved as to form and 42 le~cy: 45~r-c'bavid C. YCeibel 46V County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: CHAIRMAN JAN 1 2003 I~G, ~ This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Flodda 34112 (941) 774-8400 Property Folio No: 36325720000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Stall, Jefferson A 1833 Courtyard Way Naples, FL 339620000 The Lien was recorded on the 1¢ day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Three Hundred Thirteen Dollars and Eleven Cents ($313.11), plus accrued interest penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT6 BLK 227 LOTS 1 +2 OR 1109 PG 1012 Folio No. 36325720000 Project No. 64000 Account No. 9289 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in 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 this Satisfaction of Lien, by action of the Board this~ day of ,2003. A'I-rEST: DWIGHT E. BROCK, CLERK Approved as to form and le iency ROBERT ZA~I~ARY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By CHAIRMAN AG[NOA ITEM ,0. /~,d.. L~ JAN 1 2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941 ) 774-8400 Property Folio No: 36561000005 SATISFACTION OF LIEN KNOW ALL MEN BY THE,E PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Avila, Francisco=& Ana Maria P.O Box 131 Apo Miami FI 340020000 The Lien was recorded on the 14u~ day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirty Seven Cents ($104.37), plus accrued interest penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 8 PART 2 BLK 281 LOT 7 OR 1074 PG 1176 Folio No. 36561000005 Project No. 64000 Account No. 10184 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in 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 this Satisfaction of Lien, by action of the Board this.~ day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By CHAIRMAN Approved as to form ~ency R0B E-RT 7~KC-'~ A R JAN 1 2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774--8400 Property Folio No: 62150560506 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Morales, Reinol 5237 Warren St Naples, FL 339620000 The Lien was recorded on the 14~ day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirty Seven Cents ($104.37), plus accrued interest penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR ANNEX BLK 2 LOT 10 OR 1493 PG 24 Folio No. 62150560506 Project No. 64000 Account No. 20815 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in 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, Flodda, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form ROBERT'2..ACHARY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By CHA'RMAN AG~)A ITEM t I JAN 1 2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No: 57923320001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: De Nicola, Michael J 3210 Arlington Ave #160 Riverdale NY 104630000 The Lien was recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars And Thirty Seven Cents (104.37), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: MARCO BCH UNIT11 BLK 352 LOT14 OR1211 PG2197 Folio No. 57923320001 Project No. 64000 Account No. 19075 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in 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, Flodda, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form an.~l~m~cy ROBERT ZAC'I-TA RY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By CHAIRMAN JAN 1 2003 EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $46.50 TO RECORD THE LIENS. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1995 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 2000-236 adopted by the Board on August 1, 2000 provided for the recording of the list of 1995 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000-236 was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1995 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 6 accounts that have been paid in full for the 1995 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Liens and the Resolution is approximately $46.50, which is to be charged to (Fund 408) Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 6' Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 6 Satisfaction of Liens for the 1995 Solid Waste Collection Services Special Assessment Liens. JAN 1 2003 Prepared by: Pam Callis, Revenue Supervisor Utility Billing and Customer Service Reviewed by: ~/~.~z..,,, ~2, ~ Teresa A. Riesen, Revenue Manager Utility Billing and Customer Service J (:((h n~. Yon~'o~irector.~// Service Approved by: /.-/J~ P.E., Administrator, k.~..~blu i Uric lities Division Date: Date: Date: Date: AG£~A IT£H ~ JAN 1 ~t 2003 ] RESOLUTION NO. 2003- 3 A RESOLUTION APPROVING SATISFACTION OF 4 LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN 5 FULL THE 1995 SOLID WASTE COLLECTION AND 6 DISPOSAL SERVICES SPECIAL ASSESSMENTS 7 s WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 1, 2000 adopted ]0 Resolution No. 2000-236 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1995; and t3 WHEREAS, Resolution No. 2000-236, was recorded on August 8, 2000 in ]4 Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a 2o Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISlONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance 90-30, as amended the Board recognizes full payment and 24 receipt of the 1995 Service Year Solid Waste Collection and Disposal Special Assessments for the following accounts numbered below, subsequent to the 26 adoption of Resolution No. 2000-236, whereupon a lien had been recorded on 27 real property pertaining to the accounts identified herein. The Satisfactions of 28 Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. !.763 33 Account No. 9768 34 Account No. 19088 35 Account No. 15480 Account No, 15794 Account No. 20297 4O 4t 42 43 44 AGENDA ~T£M ~ JAN 1 2003 1 2 3 4 5 6 7 8 9 10 11 This Resolution adopted motion, second and majority vote. DATED: A'I-I'EST: DWIGHT E. BROCK, CLERK 12 13 14 IS Approved as to form and 16 legal su~.JQ~cy: 19/-~'D ~vi~'C,/~ eigel 20v County Attorney this ~day of .,2003 after BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, CHAIRMAN ~,G~NOA IT£H ~ JAN 1 2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941 ) 774-8400 Property Folio No. 24981360007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Bartholf, Susan P 1840 Holiday Ln Naples, FL 341044223 The Lien was recorded on the 8t~ day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: BROOKSIDE UNIT 3 PLAT 2 BLK F LOT 10 Folio No. 24981360007 Project No. 65000 Account No. 4763 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Cimuit Court is hereby directed to record this Satisfaction of Lien in 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 this Satisfaction of Lien, by action of the Board this day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency By: CHAIRMAN JAN 1 2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 57923320001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: De Nicola, Michael J 3210 Arlington Ave # 160 Bronx, NY 104633338 The Lien was recorded on the 8~h day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: MARCO BCH UNIT 11 BLK 352 LOT 14 OR 1211 PG 2197 Folio No. 57923320001 Project No. 65000 Account No. 20297 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in 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 this Satisfaction of Lien, by action of the Board this __ day of 2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency RO'BEF~T ZACH,~,RY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: CHAIRMAN JAN 1 q 20u, This instrument prepared by: Robert Zachary Assistant County Attomey Office of the County Attorney 3301 East Tamiami Trail Naples, Flodda 34112 (941) 774-8400 Property Folio No. 56401960007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Immokalee Water & Sewer District 1020 Sanitation Rd. Naples, FL 341424238 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Five Dollars and Twenty Nine Cents ($105.29), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: MAINLINE SUB W35FT OF S 94.58 OF E462FT OF TR A OR 2173 PG 51 Folio No. 56401960007 Project No. 65000 Account No. 19088 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in 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 this Satisfaction of Lien, by action of the Board this day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: CHAIRMAN JAN 1 2003 This instrument prepared by: Robert Zachary Assistant County Attomey Office of the County Attorney 3301 East Tamiami Trail Naples, Flodda 34112 (941) 774-8400 Property Folio No. 36325720000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Stall, Jefferson A 1833 Courtyard Way Naples, FL 341129309 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Three Hundred Eight Dollars and Sixty Seven Cents ($308.67), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT6 BLK 227 LOTS 1 + 2 Folio No. 36325720000 Project No. 65000 Account No. 9768 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in 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 this Satisfaction of Lien, by action of the Board this __ day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency ROBERT ZA~H~,RY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: CHAIRMAN JAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 41880160006 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Spring, William J 1091 Oakes Blvd Naples, FL 341191374 The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 96N 165 FT OF TR 8 LESS THE W 24.21 FT Folio No. 41880160006 Project No. 65000 Account No. 15794 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in 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 this Satisfaction of Lien, by action of the Board this day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: CHAIRMAN AC,~NOA ITEM _~.- .o. % JAN 1 2003 This instrument prepared by: Robert Zachary Assistant County Attomey Office of the County Attorney 3301 East Tamiami Trail Naples, FIodda 34112 (941) 774-8400 Property Folio No. 40929640006 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Figueroa, Rogelio=& Marta J 431 Everglades Blvd S Naples, FL 341173760 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 81 N 75FT OF S 150FT OF TR 88 Folio No. 40929640006 Project No. 65000 Account No. 15480 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in 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, Flodda, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ~, 2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency R ,O~BERT ZA/~ARY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: CHAIRMAN N0. //,, ,,,..~' JAN ! 2003 PG._ EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $40.50 TO RECORD THE LIENS. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1996 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 2000-237 adopted by the Board on August 8, 2000 provided for the recording of the list of 1996 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000-237 was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1996 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 5 accounts that have been paid in full for the 1996 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Liens and the Resolution is approximately $40.50, which is to be charged to (Fund 408) Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 5 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 5 Satisfaction of Liens for the 1996 Solid Waste Collection Services Special Assessment Liens. AC~ IND', IT£~/ #0 JAN 1 ~ 2003 Prepared by: "~ ¢',,'" ~ Pam.G'allis, Revenue Supervisor Utili, t/y Billing and Custorn,.er Service Reviewedby: ///~,~' ~ l"e~esa A. Riesen, Revenue Manager Utility Billing and Customer Service Jp'~ ,&,. Yonkosk~__ctor ~ U'til~ Billing an..d -C. pst~e¢ Service Approved ~~ ~ JaCnes W. DeLony, P,.,~.., Administrator, ~blic Ut'flities Divisfon Date: Date: Date: AGENDA IT£N JAN 1 ~ 2003 1 RESOLUTION NO. 2003- 2 3 A RESOLUTION APPROVING SATISFACTION OF 4 LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN 5 FULL THE 1996 SOLID WASTE COLLECTION AND 6 DISPOSAL SERVICES SPECIAL ASSESSMENTS 8 WHEREAS, pursuant to Collier County Ordinance No, 90-30, as 9 amended, the Board of County Commissioners on August 1, 2000 adopted ]0 Resolution No. 2000-237 authorizing the recording of notices of liens for the ll delinquent solid waste collection and disposal services special assessments for 12 1996; and ~3 WHEREAS, Resolution No. 2000-237, was recorded on August 8, 2000 in 14 Official Record Book 2708, Pages 0199 through 0309 of the Official Records of 15 Collier County, Flodda, which placed a lien on certain properties for the t6 delinquent solid waste collection and disposal services special assessments for l? 1996; and 18 WHEREAS, Collier County Ordinance No. 90-30, as amended, requires 19 the Board to approve by Resolution and record in Official Records a Satisfaction 2o of Liens on all accounts that have been paid in full. 21 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 22 COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier *,3 County Ordinance No. 90-30, as amended the Board recognizes full payment 24 and receipt of the 1996 Service Year Solid Waste Collection and Disposal 25 Special Assessments for the following account numbered below, subsequent to 26 the adoption of Resolution No. 2000-237, whereupon a lien had been recorded 27 on real property pertaining to the accounts identified herein. The Satisfactions of 2s Lien attached hereto referencing the accounts identified herein are hereby 29 approved and the Chairman is hereby authorized to sign on behalf of the Board 30 of County Commissioners, and the Clerk is directed to record this Resolution and '3] these Satisfactions of Lien individually in the official records of Collier County: 32 Account No. 9629 33 Account No. 10579 34 Account No. 17598 35 Account No. 20983 36 Account No. 22334 37 38 39 40 4! 42 43 JAN 1 2003 PG. ,.~ 1 2 3 4 5 6 7 8 9 This Resolution adopted after this __ motion, second and majority vote. DATED: A'I-I'EST: DWIGHT E. BROCK, CLERK day of , 2003, after 10 ]~ Approved as to form and 12 L~cy: l~~ ~avid C. W~igel l~; County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: CHAIRMAN AGENOA IT£n / .n / / JAN 1 q 2003 This instrument prepared by: Robert Zachary Assistant County Attomey Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 36236000000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Anthony, Garrett M 5424 19~h Ave SW Naples, FL 34116-5634 The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County. Florida, described as follows: GOLDEN GATE UNIT 5 BLK 161 LOT 16 OR 1811 PG 1022 Folio No. 36236000000 Project No. 66000 Account No. 9629 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in 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 this Satisfaction of Lien, by action of the Board this day of ,2003. A']-rEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: CHAIRMAN AC~ NDA %TIrN / NO. /&, ~. Cf' JAN ! 2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No, 36325720000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Stall, Jefferson A 1833 Courtyard Way Naples, FL 341129309 The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Three Hundred Twelve Dollars and Thirty Nine Cents ($312.39) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 6 BLK 227 LOTS 1 & 2 Folio No. 36325720000 Proiect No. 66000 Account No. 10579 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in 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 this Satisfaction of Lien, by action of the Board this __ day of 2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency ROBERT 7_~C~-IARY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. CHAIRMAN AG[NO& IT£N JAN 1 2003 This instrument prepared by: Robert Zachary Assistant County Attomey Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 41880160006 SATISFACTION OF LI~N KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Spring, William 1091 Oakes BIvd Naples, FI 341191374 The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 96 N 165 FT OF TR 8 LESS THE W 24.21 FT Folio No. 41880160006 Project No. 66000 Account No, 17598 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in 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 this Satisfaction of Lien, by action of the Board this ... day of ,2003. A'I-rEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: CHAIRMAN AG~ NOA IT£1~ JAN 1 2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 PrepertyFolio 56401960007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Immokalee Water & Sewer Dist 1020 Sanitation Rd Immokalee, FL 341424238 The Lien was recorded on the 8T~ day of August, 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars and Sixty One Cents ($106.61) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: MAINLINE SUB W35FT OF S 94.58FT OF E462FT OF TR A OR 2173 PG 51 Folio No. 56401960007 Project No. 66000 Accoum No. 20983 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in 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 this Satisfaction of Lien, by action of the Board this day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: CHAIRMAN AG[ NOA IT£N / NO JAN ! 2OO3 PG. ~' This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 57923320001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: De Nicola, Michael J 3210 Arlington Ave # 160 Bronx NY 104633338 The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: MARCO BCH UNIT 11 BLK 352 LOT 14 OR 1211 PG 2197 Folio No. 57923320001 Project No. 66000 Account No. 22334 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, FIodda, 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 this Satisfaction of Lien, by action of the Board this day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: CHAIRMAN .o. JAN I 2003 PG., EXECUTIVE SUMMARY AGREEMENT TO REIMBURSE THE PROPERTY APPRAISER AND TAX COLLECTOR FOR SERVICES RENDERED FOR THE PRICE STREET-BAREFOOT WILLIAMS ROAD WATER MUNICIPAL SERVICE BENEFIT UNIT OBJECTIVE: That the Board of County Commissioners, as the Governing Board of the Price Street- Barefoot Williams Road Municipal Service Benefit Unit, approve the agreement for the Price Street- Barefoot Williams Road Municipal Service Benefit Unit to reimburse the Property Appraiser and the Tax Collector for services rendered for the Price Street-Barefoot Williams Road MSBU. CONSIDERATIONS: On March 12, 2002 the Board of County Commissioners approved Resolution No. 2002 - 141 to create the Price Street - Barefoot Williams Road Water Municipal Service Benefit Unit (MSBU) District. The Board of County Commissioners in their regular meeting of January 14, 2003 is being asked to approve an Agreement authorizing thc use of the uniform method of collecting non-ad valorem special assessments. This Agreement allows for the merging with the ad valorem tax roll for enforcement of collection of a non-ad valorem assessment by utilizing the tax notice. This Uniform Method of collection conforms with the requirement of Section 197.3632, Florida Statutes. FISCAL IMPACT: Cost associated with this agreement include reimbursement of administrative and actual costs, such as personnel, supplies, forms, data processing, computer equipment, postage and programming. Based upon a 10 year period of debt service, it is estimated that the costs associated with this Agreement will result in an annual assessment of $100.00 per benefited property owner. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: The Public Utilities Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Price Street-Barefoot Williams Road Municipal Service Benefit Unit, approve the Agreement and authorize the Chairman to sign said agreement. SUBMrlTED BY: ~ Date: :2., .~nn Made S~a~-o'r, Operations/(na~st REVIEWED BY: ~ Harry Huber, Senior Project Manager APPROVED BY~ ~/Q~~ s DeLony, P.E., Pu~ic UJ, i~ies Administrator Date: /~. ' $o · o Z.. AGREEMENT FOR THE BOARD OF COUNTY COMMISSIONERS AS THE GOVERNING BOARD OF THE PRICE STREET/BAREFOOT WILLIAMS ROAD MUNICIPAL WATER SERVICE BENEFIT UNIT (MSBU) TO REIMBURSE THE PROPERTY APPRAISER AND THE TAX COLLECTOR FOR SERVICES RENDERED WITH REGARD TO THIS MSB/U This Agreement relates to the Price Street-Barefoot Williams Road Municipal Service Benefit Unit. This Agreement is to provide for reimbursement to the Property Appraiser and Tax Collector. This Agreement" is made and entered effectively on January 1, 2003, by and among three parties: the Board of County Commissioners as Governing Board of the .Price Street-Barefoot Williams Road Municipal Service Benefit Unit, CMSBU"), Abe Skinner in his capacity as the Collier County Property Appraiser, ("Property Appraiser"), and Guy L. Carlton in his capacity as the Collier County Tax Collector, ("Tax Collector"). SECTION 1. PURPOSE. The purpose of this Agreement is for the MSBU, the Tax Collector and the Property Appraiser to establish and agree upon the undertaking of the responsibilities pursuant to Section 197.3632, Florida Statutes, in order to implement the Uniform Method for the notice, levy, collection, and enforcement of non-ad valorem assessments; and to provide for reimbursement by the Board of County Commissioners as Governing Board of the Price Street/Barefoot Williams Road Municipal Service Benefit Unit to the Tax Collector and the Property Appraiser for all actual costs incurred by them in such activity. SECTION 2. TERM. The term of this Agreement shall commence effectively on January 1, 2003, and shall run through the end of the calendar year and shall automatically be renewed thereafter, for successive periods, not to exceed one year each. However, the MSBU shall inform the Property Appraiser and the Tax Collector and the Department of Revenue by January 10 in any calendar year if the MSBU intends to discontinue using the Uniform Method of collecting the non-ad valorem assessments referred to in this Agreement. SECTION 3. FINDINGS, RECITALS AND ACKNOWLEDGMENTS. It is hereby agreed by the parties that: (A) The MSBU is authorized to impose non-ad valorem assessments and by appropriate resolution shall express its intent to use the uniform method of levy, collection and enforcement of non-ad valorem assessments as provided in Section 197.3632, Florida Statutes, under which assessments are included on an assessment roll and certified, in a compatible electronic medium tied to the property identification number, by the MSBU to the Tax Collector for merging with the ad valorem tax roll, for collection by utilizing the tax notice provisions described in Section 197.3635, Florida Statutes, and for sale of tax certificates and tax deeds ~under the non payment provisions of the ad valorem tax laws (the "Uniform Method"); N0. -'1 JAN 1 2003 (B) The Uniform Method, with its enforcement provisions including the use of tax sale certificates and tax deeds to collect delinquent annual payments, is less expensive and more equitable to the delinquent landowner than the traditional lien foreclosure methodology; (C) The Uniform Method will provide for more efficient collection by virtue of the assessment being on the tax notice issued by the Tax Collector and will produce positive economic benefits to the affected landowners and the MSBU; (D) The Uniform Method will promote local government accountability; (E) This Agreement is intended to conform with the requirement of Section 197.3632, Florida Statutes, that the MSBU, the Tax Collector and the Property Appraiser enter into a written agreement providing for reimbursement of administrative and actual costs incurred as a result of the use of the Uniform Method; such administrative and actual costs include, but are not limited to those costs associated with personnel, forms, supplies, data processing, computer equipment, postage and programming; (F) The non-ad valorem assessments to which this Aareement applies are being levied for the first time for the Price Street/Barefoot Williams Road Municipal Service Benefit Unit that comprises thirty- three properties located along Price Street from the rear of the Shops at Eagle Creek (about 400 feet south of US 41) to Barefoot Williams Road and then north about 1,200 feet along Barefoot Williams Road to an existing 8-inch water main. The entire length of the project is approximately 3,800 linear feet. Exhibit "A" defines property by lot and folio number; and (G) This Agreement is entered into in order to provide for the use of the Uniform Method relative to non-ad valorem assessments imposed under the Price Street/Barefoot Williams Road Municipal Service Benefit Unit that comprises thirty-three properties located along Price Street from the rear of the Shops at Eagle Creek (about 400 feet south of US 41) to Barefoot Williams Road and then north about 1,200 feet along Barefoot Williams Road to an existing 8-inch water main. All property parcels are within Section 4, Township 51 South, Range 26 East, as recorded on assessment maps, Public Records of Collier County, Florida. SECTION 4. DUTIES AND RESPONSIIBLITIES OF THE MSBU. The Board of County Commissioners agrees that the MSBU shall: (A) Reimburse the Property Appraiser at the rate of one and one-half percent (1 1/2%) of all assessments, not later then thirty (30) days after receipt of invoice(s) for such payment(s); (B) Reimburse the Tax Collector at the rate of two percent (2%) of all assessments, not later then thirty (30) days after receipt of invoice(s) for such payments; (C) Pay for or alternatively reimburse the Tax Collector for any separate tax notices necessitated by the inability of the Tax Collector to merge the non-ad valorem assessment roll certified by the MSBU pursuant to Subsection 197.3632(7), Florida Statutes; AG£NDA JAN 1 ~ 2003 ~. ~ (D) Post the non-ad valorem assessment combined notice for each parcel on the non-ad valorem assessment roll. This notice is to be presented to the Board by the Tax Collector as specified in subpart 6 (A), herein. (E) By September 15 of each calendar year, cause the Chairman of the Board of County Commissioners as Governing Board of the Price Street/Barefoot Williams Road Municipal Service Benefit Unit, or his or her designee, to officially certify to the Tax Collector the non-ad valorem assessment roll on compatible medium, tied to the property parcel identification number, in a manner that conforms to the format of the ad valorem tax roll submitted by the Property Appraiser to the Department of Revenue; and (F) Cooperate with the Tax Collector and the Property Appraiser to implement the Uniform Method of notice, levy, collection and enforcement of the subject non-ad valorem assessment roll, pursuant to, and consistent with, all the provisions of Chapter 197, specifically Sections 197.3632 and 197.3635, Florida Statutes, as amended. SECTION 5. DUTIES AND RESPONSIBILITIES OF THE PROPERTY APPRAISER. The Property Appraiser shall: (A) Annually by June 1 provide the MSBU with at least the following information by compatible electronic medium: 1) The legal description of the property within the boundaries provided by the MSBU describing the subject municipal services taxing and benefit unit. 2) The names and addresses of the owners of such property. 3) The property identification number of each parcel in a manner that conforms to the format of the ad valorem roll submitted to the Department of Revenue. 4) Any other information reasonably needed by the MSBU to create, re-compute, reconfigure, revise, correct or otherwise formulate the non-ad valorem assessment roll. Provided, however, the Property Appraiser is not required to submit information that is not on the ad valorem roll, compatible electronic medium submitted to the Department of Revenue, or otherwise readily available and reasonably accessible from his records; and (B) Cooperate with the MSBU and the Tax Collector to implement the Uniform Method of notice, levy, collection and enforcement of the subject non-ad valorem assessment roll, pursuant to, and consistent with, all the provisions of Chapter 197, specifically, Sections 197.3632 and 197.3635, Florida Statutes, as amended. ~ SECTION 6. DUTIES AND RESPONSIBILITIES OF THE TAX COLLECTOR. The Tax Collector shall: (A) Prepare a collection roll and prepare a combined notice for both the ad valorem and non-ad valorem assessments in accordance with Chapter 197, and applicable roles promulgated by the Department of Revenue and in accordance with any specific ordinances and resolutions adopted by the MSBU, so long as said ordinance and resolutions shall themselves not be inconsistent with or contrary to the provisions of Chapter 197, including Section 197.3632 and Section 197.3635, Florida Statutes; (B) Collect the non-ad valorem assessments of the MSBU as certified to the Tax Collector no later than September 15 of each calendar year; provided such roll is on compatible electronic medium tied to the property identification number for each parcel and in the format used by the Property Appraiser for the non-ad valorem roll submitted to the Department of Revenue and such roll is free of errors and omissions; (C) Cooperate with the MSBU and the Property Appraiser to implement the Uniform Method of notice, levy, collection and enforcement of the subject non-ad valorem assessment roll, pursuant to, and consistent with, all the provisions of Chapter 197, specifically Sections 197.3632 and 197.3635, Flor/da Statues, as amended; (D) Upon determining errors or omissions on any roll. request the MSBU to file a corrected roll or the correction of the amount of any assessment by filing with the Tax Collector a certificate of correction, with a copy to the Property Appraiser and the Department of Revenue, pursuant to applicable rules provided by the Department of Revenue: and (E) Upon determining that a separate mailing is required pursuant to Subsection 197.3632 (7), Florida Statutes, mail, or require the MSBU to mail, a separate notice of the particular non-ad valorem assessment. SECTION 7. COMPLIANCE WITH LAWS AND REGULATIONS. The parties shall abide by all statutes, rules and regulations pertaining to the levy and collection of non-ad valorem assessments, and any ordinance promulgated by the MSBU, not inconsistent with, nor contrary to, the provisions of Section 197.3632 and Section 197.3635, Florida Statutes, as amended, and any applicable rules duly promulgated by the Department of Revenue. IN WITNESS WHEREOF, the MSBU, the Tax Collector and the Property Appraiser have executed and delivered ~his Agreement as the date first above written. 4 JAN 1 2003 ~,G. A" . ATTEST: DWIGHT E. BROCK, CLERK BY: Deputy Clerk Approved as to form and legal~sufficiency: Thomas C. Palmer, Assistant County Attorney Print name NESSES: t ,/") Print name Print name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS GOVERNING BOARD OF THE PRICE STREET- BAREFOOT WILLIAMS ROAD MUNICIPAL SERVICE BENENF1T UNIT BY: CHAIRMAN COLLIER COUNTY PROPERTY APPRAISER ABE SKINNER COLL~(R C .~IT~ ~Yz~ff~Lff~OR ~,G~7~ ITfM ,o. ~. '-3 JAN I z~ 2003 EXHIBIT "A" DESCRIPTION OF PROPOSED PROJECT AND BENEFIT AREA The Pdce Street-Barefoot Williams Road Benefit Area within the Pdce Street-Barefoot Williams Municipal Service Taxing and Benefit Unit does encompass the property located in the unincorporated area of Collier County, in Section 4 North, Township 51 South, Range 26 East, and is not platted in the Public Records of Collier County, Flodda. The Benef~ Area was created for the purpose of improving the use and enjoyment of property by funding the construction of Water Facilities to allow for construction on the property located therein. The description of the potable water improvements is the construction of an 8-inch potable water main, with appropriate fire hydrant(s) and appurtenances that will be installed along Pdce Street from the rear of the Shops at Eagle Creek (about 400 feet south of US 41) to Barefoot Williams Road and then north about 1,200 feet along Barefoot Williams Road to an existing 8-inch water main for an entire length of approximately 3,800 linear feet. Properties affected by the Pdce Street-Barefoot Williams Municipal Service Taxing and Benefit Unit are defined below: Folio Number Lot# Folio Number Lot# Folio Number Lot# 00729880006 82 00730080002 , 87 00728040009 34 00727600000 23 00728560000 46 00730120001 88 00726760006 2 00727360007 16 00729640000 77 00729960007 84 00728920006 60 00728480009 44 00730000008 85 00727800004 28 00727520009 20 00728240003 36 00730560001 99 100728160002 37 00727000008 8 00730040000 86 00727680004 25 00729400004 71 00730240004 91 00728520008 45 00729440006 72 00729560009 75 00727160003 11 00728280005 39 00729680002 76 00730200002 90 00727560001 22 00728800003 [57 00727920007 31 EXECUTIVE SUMMARY. AUTHORIZATION TO EXECUTE AND RECORD SATISFACTIONS FOR CERTAIN WATER AND/OR SEWER IMPACT FEE PAYMENT AGREEMENTS, FISCAL IMPACT IS $88.50 TO RECORD THE SATISFACTIONS, OBJECTIVE: Approval of and authorization for the Chairman to execute satisfactions for agreements to extend installment payment of water and/or sewer system impact fees. CONSIDERATIONS: The Board of County Commissioners of Collier County, Florida as Ex-Officio the Governing Board of the Collier County Water Sewer District, is the owner and holder of the Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees executed by: SEE ATTACHED EXHIBIT "A" Full payment and satisfactions of these agreements have been made. The County Attorney's Office has reviewed and approved the satisfactions. FISCAL IMPACT: Satisfaction of these agreements has increased the cash flow in the Water Impact Fee Fund (411) by $1,275.00 and Sewer Impact Fee Fund (413) by $12,033.85. The fiscal impact for recording the Satisfaction of Liens is approximately $88.50, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: Recommendation to acknowledge full payment and the satisfactions of these agreements and to surrender the same as canceled. Authorize the Chairman to execute the Satisfaction of Notice of Promise to Pay and Agreement. AGEHDA JAN 14 200~ P~.~~ Prepared by: ' Pam Callis, Revenue Supervisor Utility Billing and Customer Service Reviewed by: ~ Teresa A. Riesen, Revenue Manager Utility Billing and Customer-Service Reviewed by' Ut~~'''~ ..... Johq, ~L..~. u'' r'u ~d~ ~S~s'( ~.~.5~ S erv ice Approved by:~ .P_._E.,( dministrator, tilities Division Date: Date: Date: JAN 1~2003 / EXHIBIT ,,A"SATISFIED_ o o Anthony Bemosky and Phyllis Anderson, husband and wife, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00). Folio #48485640005 Fay K. Cheves, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00). Folio #48486080004 Tommie Jean Costa, securing the principal balance of seven hundred twenty nine dollars and eighteen cents ($729. ! 8). Folio #68340920002 Elsie J Horan, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00). Folio #81627000004 John D. and Candice C. Kehoe, husband and wife, as an estate by the entirety, securing the principal balance of one thousand four hundred dollars and no cents (S 1,400.00). Folio #67284720000 Bruce W. Kriegel and Dana D. Kriegel husband and wife, securing the principal balance of one thousand one hundred eighty dollars and no cents (S 1,180.00). Folio #48482320001 Helen M. Litwin, securing the principal balance of one thousand one hundred eighty dollars and no cents (S1,180.00). Folio #81626240001 8. Larry N. Meeler and Donna M. Meeler, husband and wife, as an estate by the entirety, securing the principal balance of one thousand four hundred sixty five dollars and no cents (S1,465.00). Folio #71320920006 9. Linda J. Ramos, securing the principal balance of one thousand one hundred eighty dollars and no cents (S 1,180.00). Folio #48480400004 10. Robert Eugene Thomas, securing the principal balance of seven hundred twenty nine dollars and eighteen cents ($729.18). Folio #68344480001 11. Andres Torres, Udene M. Torres, And Andres E. Torres, securing the principal balance of one thousand nine hundred five dollars and forty-nine cents (S 1,905.49). Folio #61482200001 JAN 1 q 2003 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Anthony Bernosky and Phyllis Anderson, husband and wife Whose mailing address is 15182 Harmonsburg Road Meadville, PA 16335 Bearing the date of the 21s~ day of July, 1999, recorded in Official Record Book 2589 Page(s) 0883, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents (S1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT NUMBER G-307, OF GULF WINDS EAST, A CONDOMINIUM, AS RECORDED IN CONDOMINIUM PLAT BOOK 4, AT PAGES 153-154, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TOGETHER WITH THE PRO-RATA INTEREST IN THE COMMON ELEMENTS AND COMMON PROPERTY OF THE CONDOMINIUM AND LIMITED COMMON ELEMENTS APPURTENANT THERETO, MORE PARTICULARLY DELINEATED AND IDENTIFIED IN THE DECLARATION OF CONDOMINIUM OF GULF WINDS EAST, A CONDOMINIUM, AS RECORDED IN OFFICIAL RECORDS BOOK 508, PAGES 165 .THROUGH 224, INCLUSIVE, AND AS AMENDED, ALL IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 48485640005 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal suf' ' ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT CHAIRMAN Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Fay K. Cheves Whose mailing address is 3808 Charleston Hwy. Waterboro, SC 29488 Bearing the date of the 19th day of July, 1999, recorded in Official Record Book 2582 Page(s) 3012, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT NO. H-204, OF GULF WINDS EAST, A CONDOMINIUM, AS RECORDED IN CONDOMINIUM PLAT BOOK 4 AT PAGES 153-154, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TOGETHER WITH THE PRO-RATA INTEREST IN THE COMMON ELEMENTS, AND COMMON PROPERTY, OF THE CONDOMINIUM AND LIMITED COMMON ELEMENTS APPURTENANT THERETO, MORE PARTICULARLY DELINEATED AND IDENTIFIED IN THE DECLARATION OF CONDOMINIUM OF GULF WINDS EAST, A CONDOMINIUM, AS RECORDED IN OFFICIAL RECORDS BOOK 508, AT PAGES 165 THROUGH 224, INCLUSIVE, AS COMPLETELY AMENDED IN OFFICIAL RECORDS BOOK 939, PAGES 1170 THROUGH 1236, AND AS AMENDED BY THE FINAL SURVEYOR'S CERTIFICATE AND OTHER AMENDMENTS THERETO. FOLIO NUMBER: 48486080004 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2003. AGENDA ITEI~ ? N0. 1/,, ,,~. JAN 1 2003 ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT CHAIRMAN ,o._//,. ,,"~ JAN 1 ~ 2003 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Tommie Jean Costa Whose mailing address is 22 Ocho Rios St. Naples, FL 34114 Bearing the date of the 13TM day of April, 1999, recorded in Official Record Book 2542 Page(s) 0832, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principaI sum of Seven Hundred Twenty Nine Dollars and Eighteen Cents (S729.18) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: THE EAST 1/2 OF THE EAST 1/2 OF THE NORTHWEST ~,& OF THE SOUTHWEST 1/4 OF THE SOUTHEAST Y4, LESS THE NORTH 30 FEET AND THE SOUTH 510 FEET, SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, WITH THE WEST 60 FEET OF SAID LAND RESERVED FOR A PUBLIC EASEMENT. SAID PROPERTY IS ALSO KNOWN AS LOTS 22A AND 22B OF PORT-AU-PRINCE PROPERTY THAT IS DESCRIBED IN THE INSTRUMENT RECORDED IN O.R. BOOK 505, PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, WHICH SAID PROPERTY WAS ERRONEOUSLY DESCRIBED AS LOT 21 AND 21A OF PORT-AU PRINCE MOBILE HOME SUBDIVISION. FOLIO NUMBER: 68340920002 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and her.eby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2003. JAN 14 2003 ! PG. ~ ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT CHAIRMAN AGENDA ITEM JAN 1 ~ 2003 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Elsie J Horan Whose mailing address is 231 Grassy Key Lane Naples, FL 34114 Bearing the date of the 16th day of July, 1999, recorded in Official Record Book 2582 Page(s) 3007, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT NO. 175, WEST WIND MOBILE HOME ESTATES, A CONDOMINIUM AS MORE FULLY SHOWN IN OFFICIAL RECORD BOOK 630, PAGES 1883 THROUGH 1932, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THGETHER WITH ALL UNDIVIDED INTEREST IN THE COMMON ELEMENTS OR SURPLUSES ACCRUING TO SAID PROPERTY. SUBJECT TO THE TERMS AND CONDITIONS OF THE AFOREMENTIONED DECLARATION OF CONDOMINIUM, EASEMENTS, RESTRICTIONS, RESERVATIONS OF RECORD, AND TAXES FOR THE CURRENT YEAR. TOGETHER WITH ALL THE TENEMENTS, HEREDITAMENTS AND APPURTENANCES THERETO BELONGING OR IN ANYWISE APPERTAINING. FOLIO NUMBER: 81627000004 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2003. JAN 1 z, 2003 ATTEST: DWIGHT E. BROCK, CLERK Ap,p,.ro.~orm and legal RO~,ERT 7__AC'H~,RY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT CHAIRMAN Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: John D. and Candice C. Kehoe, husband and wife, as an estate by the entirety. Whose mailing address is 423 West Avenue Naples, FL 33963 Bearing the date of the 10th day of January, 2002, recorded in Official Record Book 2980 Page(s) 3451, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Four Hundred Dollars and No Cents ($1,400.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 7, BLOCK N, PINE RIDGE EXTENSION, ACCORDING TO THE PLAT IN PLAT BOOK 3, PAGE 51, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SUBJECT TO EASTMENTS, RESTRICTIONS AND RESERVATIONS COMMON TO THE SUBDIVISION AND TAXES FOR THE 1994 AND SUBSEQUENT YEARS. FOLIO NUMBER: 67284720000 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal day of ,2003. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT CHAIRMAN N0. //o , JAN 1 2003 PG. /,2. Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Bruce W. Kriegel and Dana D. Kriegel Husband and wife Whose mailing address is 1022 Manatee Rd. #D101 Naples, FL 34114 Bearing the date of the 7th day of June, 1999, recorded in Official Record Book 2563 Page(s) 3366, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT D-101, GULF WINDS EAST CONDOMINIUM, UNIT 1, ACCORDING TO THE DECLARATION OF CONDOMINIUM RECORDED IN OFFICIAL RECORD BOOK 508 AT PAGES 165 THROUGH 224, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA, AND ALL AMENDMENTS THERETO, TOGETHER WITH ALL APPURTENANCES TO THE UNIT INCLUDING THE UNDIVIDED SHARE OF COMMON ELEMENTS AND LIMITED COMMON ELEMENTS RESERVED FOR EACH UNIT THEREIN. FOLIO NUMBER: 48482320001 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK. Approved as to form and legal ARY~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT CHAIRMAN Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Helen M. Litwin Whose mailing address is 241 sugarloaf In Naples, FL 34114 Bearing the date of the 8th day of September, 1999, recorded in Official Record Book 2598 Page(s) 3068, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT NO. 156, WEST WIND MOBILE HOME ESTATES, A CONDOMINIUM AS MORE FULLY SHOWN IN OFFICIAL RECORD BOOK 630, PAGES 1883 THROUGH 1932, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS AMENDED; TOGETHER WITH ALL UNDIVIDED INTERESTS IN THE COMMON ELEMENTS OR SURPLUSES ACCRUING TO SAID PROPERTY. SUBJECT TO THE TERMS AND CONDITIONS OF THE AFOREMENTIONED DECLARATION OF CONDOMINIUM, AS AMENDED, EASEMENTS, RESTRICTIONS, RESERVATIONS OF RECORD AND TAXES FOR THE CURRENT YEAR. FOLIO NUMBER: 81626240001 Collier County, a political subdivisio0 of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2003. AGENDA ITEM JAN 1 200,:3 PG.L ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT CHAIRMAN AG£NOA [Ti:ii ("-x,.- .0. "-7~,__~___~ JAN 1 4 2003 PG. Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Larry N. Meeler and Donna M. Meeler husband and wife, as an estate by the entirety Whose mailing address is 123 Royal Cove Drive Naples, FL 33963 Bearing the date of the 11th day of February, 1997, recorded in Officiat Record Book 2282 Page(s) 2320, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Four Hundred Sixty Five Dollars and No Cents ($1,465.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 23, ROYAL COVE UNIT 2, AS RECORDEB IN PLAT BOOK 11, PAGES 3 AND 4, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 71320920006 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~ day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal ROBERT ZA~I-IARY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT CHAIRMAN JAN 1 2003 P~. /~, Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Linda J. Ramos Whose mailing address is P.O. Box 1686 Marco Island, FI. 34145 Bearing the date of the 28"~ day of September,1999, recorded in Official Record Book 2600 Page(s) 3027, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: THAT CERTAIN CONDOMINIUM PARCEL COMPOSED OF APARTMENT A-204 OF UNIT NUMBER 1 TOGETHER WITH AN UNDIVIDED SHARE IN THE COMMON ELEMENTS APPURTENANT THERETO, IN ACCORDANCE WITH, AND SUBJECT TO THE COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, TERMS AND OTHER PROVISIONS OF THE DECLARATION OF CONDOMINIUM OF GULF WINDS EAST, UNIT 1, AS RECORDED IN O.R. BOOK 588, AT PAGES 165, THROUGH 225, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND AS AMENDED AT OR 641, P 1363. FOLIO NUMBER: 48480400004 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK Ap~ro. ve~rm and legal ROBERT ZA/C HARY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT CHAIRMAN ,0. JAN 1 z, 2003 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Robert Eugene Thomas Whose mailing address is 116 Moon Bay St. Naples, FI. 34114 Bearing the date of the 26t~ day of April,1999, recorded in Official Record Book 2542 Page(s) 0838, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of Seven Hundred Twenty Nine Dollars and Eighteen Cents ($729.18) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 116, PORT AU PRINCE SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGE 51, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 68344480001 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this . day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal ROtB~-T ZA~H/~RY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT CHAIRMAN ' AGE ND,t, ITEM JAN 1 2003 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Andres Torres, Udene M. Torres, and Andres E. Torres Whose mailing address is 3116 Linwood Avenue Naples, FL 33962 Bearing the date of the 14th day of July, 1995, recorded in Official Record Book 2079 Page(s) 1209, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Nine Hundred Five Dollars and Forty Nine Cents ($1,905.49) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 15, BLOCK 5, 1s'r ADDITION TO NAPLES BETTER HOMES, ACCORDING TO PLAT IN PLAT BOOK 4, PAGE 3, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 61482200001 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~ day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal R~ EB E~R~"~ZAC~--~A Ry~''' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT CHAIRMAN .o.. 1~ _)d'I JAN 2003 EXECUTIVE SUMMARY APPROVE A RESOLUTION AUTHORIZING THE SUBMISSION OF A LOAN APPLICATION TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) FOR THE NORTH COUNTY WATER RECLAMATION FACILITY (NCWRF) EXPANSION TO 24.1-MILLION GALLONS PER DAY (MGD) MAXIMUM MONTH AVERAGE DAILY FLOW (MMADF) LIQUID STREAM; AUTHORIZING THE LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRSENTATIVES; PROVIDING ASSURANCE; AND PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE, PROJECT 73950, AT NO COST. OBJECTIVE: To approve a resolution authorizing the submittal of a low-interest rate loan application to the FDEP for expansion of the Liquid Stream of the NCWRF to a capacity of 24.1- MGD MMADF, and designating authorized representatives. CONSIDERATIONS: During the 2000-2001 peak winter season, the NCWRF experienced sexvage capacity overfloxv events. These events resulted in an FDEP Consent Order. The Consent Order fully executed by the Board and the FDEP on April 10, 2001, Item 8(C)(1), and later amended July 30, 2002, Item 16(C)(16), mandates that an expansion of the NCWRF to 24.1-mgd MMADF be operational no later than January 1, 2005. This will be accomplished in txvo phases. The construction of the Liquid Str6am phase was awarded by the Board on December 17, 2002, Item 10(C) and will commence in approximately February 2003. The companion Solids Stream phase will be bid in February 2003, and will be brought to the Board for approval in March 2003. These two combined phases will result in an expanded capacity of 24.1-mgd MMADF. A future Liquid and Solids Stream expansion phase to 30.6-MGD MMADF will be implemented by January 1, 2010. Collier County is seeking a low-interest State Revolving Fund (SRF) construction loan from the FDEP. These funds will be used for construction loan funding. The current SRF interest rate is 2.93%. This SRF funding source will be instrumental in allowing Collier County to proceed with this project. As bid, the cost of the project is $31,530,000 (including a loan servicing fee of $578,000, allowances for contingency and technical services during construction) to construct the NCWRF Expansion To 24.1-mgd MMADF (Liquid Stream) that meets the requirements set forth in the Consent Order. FISCAL IMPACT: The adoption of this Resolution has no fiscal impact GROWTH MANAGEMENT IMPACT: The expansion of the NCWRF is consistent with the 2001 Wastewater Master Plan adopted by the Board on December 11, 2001, Item 8(A). RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, adopt the attached Resolution. NO. //~, ~ ~ JAN 1 4 003 Adopt a Resolution For an FDEP Loan Application For The NCWRF Expansion To 24.1-mad MMADF Page 2 Prepared By: ~/4~;t,,~ ~),.~.-~/~? Date: Bala'M. Sridhar, Senior Ac~ofintant Public Utilities Division ~,,~'~--- (~-' Y,f--~' Date: Thomas Wides, Operations Director Public Utilities Divison Reviexved By: ~~ ~~* Date: Peter Schalt, PMP, Interim Principal Project Manager Public Utilities Engineering Depa~ment Reviewed By: ~ .~.¢~) ~_~ Date: Roy B. Anderson, P.E., Director ~ Public Utilities Engineerin~~ment Approved B~ D ~_~ Date: . /Jam~ W. DeLony, P.E., Administrg or  Utilities Division / Reviexved By: JAN I 4 2003 RESOLUTION NO. 2003- A RESOLUTION OF TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; AIJTHORIZING THE LOAN APPLICATION; AUTltORIZING TilE LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCE; PROVIDING FOR CONFLICTS, SEVEIL~BILITY, AND EFFECTIVE DATE. WHEREAS, Florida Statues provide for loans to local government agencies to finance the planning, design administration and construction of water pollution control facilities; and WHEREAS, Florida Administrative Code rules require authorization to apply for loans, to establish pledged revenues, to designate an authorized representative; to provide assurances of compliance with loan program requirements; and to enter into a loan agreement; and WItEREAS, the State Revolving Fund loan priority list designates Project No. WWGI2059715S as eligible for available funding; and WHEREAS, Collier County, Florida, intends to enter into a loan agreement xvith the Department of Environmental Protection under the State Revolving Fund for project financing. NOW, THEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX-OFFICIO TItE GOVERaNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT AS FOLLOWS: SECTION 1. The foregoing findings are incorporated herein by reference and made a part hereof. SECTION 2. The Board of County Commissioners of Collier County, Florida, as Ex-Officio the Governing Board of the Collier County Water-Sexver District is authorized to apply for a construction loan to finance the North County WRF Expansion to 24.1 MGD - Liquid Stream Phase lA. SECTION 3. The revenues pledged for the repayment of the loan are the Collier County Water-Sewer District's net operating revenues and Wastewater System Development fees. SECTION 4. The Division Administrator of the Collier County Poblic Utilities is hereby designated the authorized representative to provide the assurances and commitments required by the loan application. SECTION 5. The Division Administrator of the Collier County Public Utilities is hereby designated as the autho~zed representative to execute the loan agreement, which will become a binding obligation in accordance with its terms when signed by both parties. The Division Administrator of the Collier County Public Utilities is hereby authorized to represent the Collier County Water-Sewer District in carrying out the Collier County Water-Sewer District's responsibilities under the loan agreement. SECTION 6. The Division Administrator of the Collier County Public Utilities is hereby authorized to delegate responsibility to appropriate staff to carryout technical, financial, and administrative activities associated with the loan agreement. SECTION 7. The legal authority for borrowing moneys to construct this Project is Florida Statutes. SECTION 8. Conflicts. All Resolutions or part of Resolutions in conflict with any of the provisions of this Resolution are hereby repealed. SECTION 9. Severability. If any Section or portion of a Section of this Resolution is determined to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other Section or part of this Resolution. SECTION 10. Effective Date. This Resolution shall become effective immediately upon its adoption. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of __, 2003. ATTEST: DWIGHT E. BROCK, Clerk BY Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER - SEWER DISTRICT BY CHA_I1KMAN Approved as to form and legal sufficiency: Tom Pal~r~ Assistant County Attorney '' AG~'NOA I1'£~ //?-j JAN 1 q 2003 PG. ¢ ? ~? ;. EXECUTIVE SUMMARY APPROVE CONSTRUCTION CHANGE ORDER 3, AMENDMENT 3 TO AN ENGINEERING INSPECTION SERVICES WORK ORDER, AND FUNDS TO PREPARE RECORD DRAWINGS RELATED TO THE EAST US 41 WATER MAIN AND FORCE MAIN TO BOYNE SOUTH, IN THE AMOUNT OF $43,702. PROJECTS 70862 AND 73061. OB~IECTIVE: To improve water and sewer service to customers along East US 41 between Manatee Road and Boyne South. CONSIDERATIONS: The Board awarded a $771,280.81 contract for construction of a water main and a wastewater force main along East US 41 to Boyne South on October 24, 2000 (Agenda Item 16-C-3). Two change orders totaling $52,830 have been approved administratively. The first deleted a water main casing where a road had been removed. The second extended the force main from the Boyne South connection to the 6 L's Farm connection. A third change order in the amount of $6,298 is now needed to reconcile estimated bid quantities with actual final quantities. On December 12, 2000 (Agenda Item 16-C-10), the Board approved Work Order JEI-FT- 01-01 to Johnson Engineering, Inc. The work order was only for inspection of the water main and force main construction and did not include full CEI services. The work order was issued under the Agreement for Fixed Term Construction Engineering Inspection Services dated December 14, 1999, Contract 98-2960. On November 27, 2001 (Agenda Item 16-C-3), the Board approved Amendment 1 to the Work Order to Johnson Engineering, Inc., for inspection of the water main and force main construction. On May 8, 2002 (Agenda Item 16-C-9), the Board approved Amendment 2 to the Work Order to Johnson Engineering, Inc., for inspection of the xvater main and i:orce main construction. Construction of the project was been delayed: 1. By heavy rains and flooding of the project area throughout the summer of 2001; 2. By the contractor having problems cleaning and flushing the water main, both before and during the 2002 finished water shortage; 3. By delays in receiving an FDOT permit to extend the force main from the Boyne South connection to the 6 L's Farm connection; and 4. By heavy rains and flooding of the project area, once again, throughout the summer of 2002. Amendment 3 to the Work Order to Johnson Engineering, Inc. in the amount of $33,544 will provide for engineering inspection services that continued to the end of construction. ' AGENDA IT{M _ m0. /~' E..- 1(} JAN 1 4 2003 Executive Summary Approve Change Order, Amended Work Order, and Funding Page 2 This project was designed in house by the former Office of Capital Projects Manageme.nt, which became the Public Works Engineering Department. Since the breakup of that department, the Public Utilities Engineering Department no longer has in house AutoCAD staff. Therefore, it is necessary to have record drawings prepared by an outside consultant. Funds in the amount of $3,860 are needed for the preparation of record drawings. FISCAL IMPACT: Construction Change Order 3 in the amount of $6,298 will be funded as follows: $9,462 from water funds and a credit of $3,164 to wastewater funds. Engineering Inspections Work Order Amendment 3 in the amount of $33,544 will be funded from water funds because the force main inspections were completed under Amendment 2. The preparation of record drawings in the amount of $3,860 will be funded as follows: $3,250 from water funds and $610 from wastewater funds. A budget amendment is needed in the Water Impact Fee Capital Project fund (411) to transfer $46,256 from reserves to Project 70862 - US 41 Water Main from Manatee Road to Boyne South. Source of funds is water impact fees. Project 73061 - Boyne South Force Main will receive a credit in the amount of $3,164. $610 of it will be used for wastewater's share of the preparation of record drawings. Source of funds is wastewater user fees. GROWTH MANAGEMENT IMPACT: The project is consistent with the Water and the Wastewater Master Plans. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water-Sewer District approve and authorize the Public Utilities Engineering Director to execute Change Order 3 to Florida State Underground, Inc. in the amount of $6,298 and Amendment 3 to a Work Order to Johnson Engineering, Inc. in the amount of $33,544 and also approve funding in the amount $3,860 for the preparation of record drawings and the necessary budget amendment. SUBMITTED BY:_ Ronald F. Dillard, P.E., Senior Project Manager Public Utilities Engineering Department AG£NI)A IT[M JAN I q 2003 Executive Summary Approve Change Order, Amended Work Order, and Funding Page 3 REVIEWED BY: REVIEWED BY: REVIEWED BY: _ Roy/B. Anderson, P.E., Director Public Utilities Engineering Department Paul E. Mattausch, Water Director Jo[~ph B. Cheatham, Wastewater Director APPROVED BY~ RFD:rfd DATE: DATE: tg-lq'02 6X_,,,/~ DATE: '-'~~~- ( -_~mes W. DeLony, P.E., Pu, l~lic Utilities Administrator CHANGE ORDER TO: Florida State Underground, Inc. 4540 Domestic Avenue Naples, Florida 34104 FROM: Collier County Government 3301 East Tamiami Trail, Bldg. D Naples, Florida 34112 Project Name: US 41 East, 12" Water Main and 6" Force Main to Boyne South ~ Construction Agreement Dated: October 24, 2000 Bid No.' 00-3145 Change Order No.: 3 Date: August 13, 2002 (Rev. November 29, 2002) Change Order Description: Reconcile estimated bid quantities with actual final quantities as follows: Ite__~m Quantity Cl~an_e No. Add Subtract 1. 29 2. 29 3. 153 4. 54 5. 10 6. 172 LF 9. 5 EA 10. 3 EA 11. 2 EA 12. 1 EA 14. 3 EA 15. 2 EA 16. 1 EA 17. 1 EA 19. 2 EA 21. 1 EA 22. 0.7945 TON 37. 2 EA 23. 57 LF 25. 140 LF 28. 1 EA 29. 1 EA 32. 1 EA 34. 1 EA 35. 0.9255 TON Unit Description WATER LF 12" P.V.C. Pipe (C-900, DR18) LF 12" P.V.C. Pipe (C-900, DR14) LF 8" P.V.C. Pipe (C-900, DR18) LF 6" P.V.C. Pipe (C-900, DR18) LF 4" P.V.C. Pipe (C-900, DR18) 2" and Less HDPE Service Tubing 8" Gate Valve 6" Gate Valve Relocate 6" Gate Valve 4" Gate Valve Unit Total Chant2es Price Plus Minus 27.79 31.87 924.23 38.64 5,911.92 o4.76 27.42 19.32 3,323.04 756.81 o,784.0 561.75 1,685.25 1,212.75 550.64 Temporary Bacterial Sample Point 420.00 Bacterial Sample Point (Permanent) 976.50 12" Dip Assembly Service Taps 2" and Less Connect to Existing 8" Main Connect to Existing 4" Main Additional Fittings Utility Locates Water Subtotals: Water Total: WASTEWATER ITEMS 6" P.V.C. Pipe (C-900, DR18) 4" P.V.C. Pipe (C-900, DR18) 4" Plug Valve Air Release Valve 16" X 6" Hot Tap Connect to Existing 2" Main Additional Fittings Wastewater Subtotals: Wastewater Total: Total Increase in Contract amount 2,625.00 525.00 1,365.00 966.00 6,406.90 375.00 21.11 21.00 530.25 794.85 4,962.92 643.99 4,777.17 1,953.00 2,625.00 525.00 2,730.00 +23,461.49 805.91 1,877.04 274.20 2,425.50 550.64 1,260.00 966.00 5,090.28 750.00 -13,999.57 +9,461.92 1,203.27 4,962.92 +6,166.19 -3,164.17 2,940.00 530.25 794.85 643.99 4.421.27 -9,330.36 $6,297.75 JAN 1 4 2003 Change Order 3 Page 2 ........................ $771,280.81 Original agreement amount ...................................... $ 52,829.92 Sum of previous change orders amount ........................................... $ 6,297.75. This Change Order Amount .............................................................. $830,408.48 Revised Agreement Amount .............................. ~ ................................ Original contract time in calendar days ............................................ 240 Adjusted number of calendar days due to previous change orders .. 270 chan~e order adjusted time is ................................................ This ..... 270 , Contract Time in calendar clays ................................ " 9001 Revised .... '"' . ......... January 17, - Original Notice to t-'roceea date ..; ....... .. ..... :...~ .......... Se~,tember 14, 2001 ~ - d on ori*inal contract rime ........................ Completion date base ~ October 14,2001 Revised completion date .............................................................. Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to this Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. redb "~'~ Date: / rrepa Y: ~1 .~llard, P.E., Project Manager ~u ~c ~iti. es Engineering Department Accep~-'r~u~''' ____..-~~ Date: p. McKimm, President Florida State Undemround, Inc. Approved by: Roy B. Anderson, Director Public Utilities Engineering Department edb Q~A~ ~ Authoriz Y: ~~s,tewater Director Authorized Y: ~ Wate-----~ Director For Use by Owner: Date: (Fund: 411 Cost Center: 273511 Object Code: 763100 Project No.: 70862) (Fund: 414 Cost Center: 26361~: Object Code: 763100 Project No.: 73061) AGf..NDA IT[Il ~ JAN 1 q 2003 PREPARED BY: AUTHORIZED BY: APPROVED BY: WORK ORDER # JEI-FT-01-01-C~ AMENDMENT 3 Agreement for Fixed Term Construction Engineering Inspection Services Dated December 14, 1999 (Contract #98.2960) This Work Order is for construction engineering inspection services for work known as Title US al East 12" Water Main Manatee Rd. to Bo ne South and 6" Force Main, Pump. Sta___tt on._3.17 to B~ (RejeCt) Inspection of Utility Contractor's Work The additional work is specified in the proposal dated November 4, 2002., which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order # JEI-FT-01-01-C is assigned to _Johnson En ineerin Inc. (Firm Name) ~Sco~ Task 1: Engineering Inspection Services Schedul._~e of Work~_._~Complete work within _200 _days from receipt of the Notice to Proceed authorizing start of work. Comvensat on: In accordance with Article Five of the Agreement, the County will compensate the schedule below (if the Firm in accordance with the time and materials amount indicated in a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedute "A" of the Agreement). O.~ri~inal Amt~Amendment 1 Amt. Amendment 2 Am.t_. Amendment 3 Amt~ Task I $._778,840:0.._~0 ~28,800.0._~0 - $44,910.0Q ~;33,543.76_ SUBTOTAL 578,840.00 $28,800.00 $44,910.00 $33,543.76 AMENDED TOTAL FEE NOT 'FO EXCEED ~L86,093.76 (time & material) Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. Date RortAld F Dillard, P.E.. Senior Project Manager ; Date --F/aul E. Mgttausch, Water Director Roy B. Anderson, P.E., Director Public Utilities Engineering Department Date ATTEST: (Corporate .Secretary) Gary R. Bull, Secretary Type Name and Title Fund: 41l[ Cost Center: 273511 ACCEPTED BY: Johnson Engineering, Inc. Name of Firm Signature Object Code: 631400 Project Number: 70862 No. JAN 1 q 2003 ENGINEERING November 4, 2002 Collier County Board of Commissioners Mr. Ron Dillard, PE Project Manager Collier County Utilities Engineering 3301 Tamiami Trail ~96- Naples, Florida ~'' ~ REVISED. Final h~voice and Supplement - CEI Sen, ices Proposal for 00-3145, US 41 East 12" Water Main, From Manatee Road to Boyne South and 6" Force Main from Pump Station 3.17 to Bosme South. PO #102896 dated 12/05/01. Dear Mr. Dillard: Please find below the final project summation for the above project for Collier Count)' under the Fixed Term Construction Engineering Inspection Ser¥ices A~eement No. 99-2960. Below is a summation of the project billings and Purchase orders: Description Amount Paid ___[ $ 1.590.001 Yes I $ 4,860.00 Yes S 6,690.00 Yes I S 14,820.001 Yes Invoice 1 Invoice 2 - Invoice 3 ,ice 4 Invoice 5 Invoice 6 Invoice 7 Invoice 8 Invoice 9 voice 10 Invoice 11 Invoice 12 Invoice 13 }ice 14 Invoice 15 Invoice 16 Final Total Billed (PROJECT) Purchase Order # 102896, dated 12/05/01 Total Final Supplement No. 3: $ 8,550.00 I Yes $ 7,770.00 Yes $ 10,110.00 / Yes $ 13,980.00 Yes ' 0 $ 1~,680.0 Yes $ 9,810.0 Yes $ 9,520.00 Yes $ 9,780.( Yes $ 11,690.( Yes $ 9,210.00 Yes $ 6,450. Yes S 4'/,583.76 Final S186,093.76 S152,550.00 533,543.76 2350 Stanford Court · Naples, Florid'a 34112 JAN 1 4 2003 Please find the corrected final invoice in the amount of $47,583.76. As presented above "' 6 final this purchase order. the final supplement orS 3.~,>43.7 is required to Since the project is complete accept for a couple of small items on the punch list Johnson EngSneering will final this project for the above amount. There will be no further billings after this final invoice and supplement is processed. ~ At your conYenience please prepare the appropriate documents for our execution. In the event additional information is needed to expedite the processing of this Supplement please let me know at your earliest convenience. Cc: file Very truly yours, JOHNSON ENGINEERING, IN'C. ar~k K~. Be ar ers o/~~n~ CEI Director EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO IDENTIFY THE APPROPRIATE PROJECT NUMBER FOR THE LIVINGSTON ROAD RECLAIMED WATER MAIN PROJECT AND TRANSFER $835,000 FROM PROJECT 73949 TO PROJECT 74048. OBJECTIVE: To process a budget amendment to correct the project number for the Livingston Road Reclaimed Water Main Project and transfer $835,000.00 from the South County Water Reclamation Facility (SCWRF) Expansion project (73949) to the Livingston Road Reclaimed Water Main project (74048) to properly fund this project. CONSIDERATIONS: On September 24, 2002, Item 10(H), the Board awarded the Livingston Road Phase III project to contractor, Better Roads, in the amount of $18,899,386.08. One of the components of this project is a 24" reclaimed water main. At the time of award, funds for the reclaimed xvater main component xvere to be transferred via budget amendment from the SCWRF Expansion Project (73949), to the Livingston Road Reclaimed Water Main project (74078). The attempt xvas made to include the aforementioned budget amendment with the Executive Summary at the time of the road widening project award. Due to fiscal year end time constraints at the end of September 2002 (end of FY02 and beginning of FY 03), staff was unable to process a budget amendment to move these funds from the SCWRF Expansion project into the Livingston Road Reclaimed Water Main Project prior to the end of the fiscal year. After the Board's approval for axvard, the funds were opened under the SCWRF Expansion Project 73949, in order to not delay the road-widening project and to encumber the funds in FY 02. The purchase order has rolled into the current fiscal year and now requires that the project funding for the Livingston Road Reclaim Water Main be corrected. FISCAL IMPACT: A budget amendment is needed to move S835,000.00 from the SCWRF Expansion Project (73949), to the Livingston Road Reclaimed Water Main Project (74048). The purchase order needs to be unencumbered to alloxv'for this budget amendment to be processed and re-encumbered after the budget amendment is processed. Any invoices that have been processed prior to this change need to have journal entries completed to properly allocate the payments to the correct project number. There will be no additional fi~nds allocated to this project withthischange. Source of funds is Sewer Impac~c Fees. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve the necessary budget amendment, the modification to the purchase order, and all journal entries that may be required. AG£NP& .0. 1\ JAN 1 2003 PG., Budget Amendment For Project 74078 Page 2 PREPARED BY: Public Utilities Engineering Department REVIEWEDBY'. f"'~ '~~~PE ~),rector~ ~n'~' ' Royp. , ·., Public Utilities Engineering Department JV~ ~ ~:lxvC a ?eera t Dh;;' Dirrtrmjj~ ~'~ah-m~ w. DeLony~ P.E., J~dministrator ~ Utilities Division (]_ ~'~ ~'~;~ Date: Peter Schalt, PMP, Interim Principal Project Manager Date: Date: ~0. //, ~ ~\ JAN 1 ~. 2003 EXECUTIVE SUMMARY APPROVE PAYMENT IN THE AMOUNT OF $28,838 FOR REPAIR OF DAMAGE TO EAST U.S. 41 RESULTING FROM A BREAK IN A COUNTY WATER MAIN ON MAY 16, 2002, PROJECT 70045. OBJECTIVE: To reimburse the Florida Department of Transportation (FDOT) road contractor for the repair of damage to U.S. 41 following a break in a County water main. CONSIDERATIONS: For the past year APAC of Florida has been widening U.S. 41 between Rattlesnake Hammock Road and Barefoot Williams Road for the FDOT. On May 16, 2002 a water main, owned and operated by Collier County, broke under a section of pavement that had been widened by APAC to provide a new turn lane. Water from the broken main damaged a new section of pavement, undermined some existing pavement, and washed away some roadway embankment and sections of a bike path. An underground utility contractor repaired the water main under a work order from the County Water Department. A County Water Department Supervisor that witnessed the repair, reported that the main was resting on rock where it broke. It appears that the weight of construction equipment or traffic, where none had been before, caused the main to break where it rested on the rock. APAC of Florida repaired the road and is now seeking reimbursement of their repair cost of $28,838 that was not included in their contract with FDOT. FISCAL IMPACT: Funds in the amount of $28,838 are available from project 70045 .- FDOT Joint Projects-Water. The source of funds is water user fees. GROWTH MANAGEMENT IMPACT: This will not impact growth management. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water Sewer District, approve and authorize the payment of $28,838 to APAC of Florida for the repair of U.S. 41. Ronald F. Dillard, P.E., Senior Project Manager REVIEWED BY: Public Utilities ~,F.,ng'ilaeering Department Ro~/~3. Anderson, P.E., Director Public Utilities Engineering Department DATE: /)- - ::2co -P2 Executive Summary Approve Payment Page 2 of 2 REVIE~VED BY: '~/ /Paul E. Mattausch, Water.sector // ~. D~c~n~, P.E., ~r(blic Utilities Administrator / RFD:rfd DATE: ] 52 - ;z C"- 8 ,,,2, JAN 1 ~ 2003 Collier County 3301 East Tamiami Trail Naples, FI 34112 WilsdnMiller New Directions In Planning, Design & Engineering Date: October 25, 2002 Attn: RE: Ronald Dillard, P.E. SR 90 (US 41) from Rattlesnake Hammock Rd. to Barefoot Williams Rd. COUNTY: Collier FIN PROJECT NO.: 195389 1 52 01 CONTRACT NO.: 21253 FEDERAL AID NO.: N/A WPINO.: 1114161 Re: Waterline Break - (May 16, 2002} - Station 91+00 Dear Mr. Dillard: As we verbally informed you May 17, 2002, Collier County may be responsible for the additional costs incurred by the contractor for the repairs to the roadway caused by the failure of your waterline. We have kept records to document the actual work performed during the repair period. APAC-FIorida, Inc., the contractor for the above referenced project, notified the Florida Department of Transportation that they are due S28,837.32 additional compensation for the repairs to the roadway. This office will furnish you any additional information you may need in regard to the additional costs incurred due to damages resulting from the waterline break. If you have any questions or need any additional information, please call me at 941-732-8757. Sincerely, WilsonMiller Tim A. Woodrum Project Engineer CC: Dan Foss, P.E., District Construction Engineer, FDOT Paul Theberge, P.E. Resident Engineer, FDOT Lance Grace. P.E., Resident Projects Administrator FDOT Thomas Tyner, Program Manager, FDOT Walter Childs, District Utilities Administrator, FDOT Morgan Dickinson, P.E., Manager, CEI Services, WilsonMiller Wes Tanner, Apac Florida File Naples o Fort Myers o Sarasota ° Bradenton o Tampa. Tallahassee 5057 Tamiami Trail East · Naples, Florida 34113 · 941-732-8757 · 941-732-8701 fax www. wilsonmiller, com AGENDA I TEI"I //. d.. JAN 1 2003 PG. ~ SOLD TO DISTRICT OFFICE Myrtle Street. Sarasota. FI. Box 2579 Sarasota. FL 34230 Phone 355-7178 APAC-Florida. Inc. Sarasota Division AN EQUAL OPPORTUNITY EMPLOYER INVOICE FLORIDA DEPT. OF TRANSPORTATION 2981 N. E. PINE ISLAND RD. CAPE CORAL, FL 33909 INTEREST AT THE M, ONTH WHICHE~Z~ DATE. ALL ACCOUNTS ARE DUE AND PAYABLE AT P. O. BOX 2579 SARASOTA. FL 34230 IIGHEST LEGAL RATE ALLOWABLE OR 1 1/~% PER :;[ IS LESS SHALL BE CHARGED AND PAID AFTER DUE ~ndered in corn giance with the requirements of the applicable provisions in the Fair Labor Standards Act of 1938 as amended. TERMS: DUE INV. NO. =~RANCH NO. ~,PAC JOB # ! CUSTOMER NO. DATE UPON RECEIPT 570 212603 50002068 9/29/02 21260399 UNIT OF DATE TICKET NO. DESCRIPTION MEASURE QUANTITY UNIT PRICE AMOUNT SUPERVISOR HR 11.00 30.00 $330.00 MOTOR GRADER HR 8.00 60.00 $480.00 VIBR. ROLLER HR 2.00 55.00 $110.00 PAVER HR 4.00 100.00 $400.00 DISTRIBUTOR HR 1.50 60.00 $9¢ ~ '~ ROLLER-STEEL WHEEL HR 3.00 45.00 $13, ROLLER-RUBBER TIRE HR 3.00 45.00 $135.00 BROOM TRACTOR HR 2.50 45.00 $112.50 SERVICE TRUCK HR 10.00 50.00 $500.00 MOTOR GRADER HR 6.00 65.00 $390.00 LOADER HR 17.00 60.00 $1,020.00 PICKUP HR 23.00 10.00 $230.00 SUPERVISOR HR 29.00 35.00 $1,015.00 EQUIPMENT OPERATOR HR 6.00 20.00 $120.00 LABORER HR 39.50 18.00 $711.00 LABORER HR 3.00 15.00 $45.00 RENTAL DUMP TRUCK HR 39.50 48.00 $1,896.00 EQUIPMENT OPERATOR HR 13.50 22.00 $297.00 WlRTGEN MILLER HR 10.00 280.00 $2,800.00 WATER TRUCK HR 3.00 45.00 $135.00 S P 19 ASPHALT TN 60.18 47.85 $2,879.61 ABC ASPHALT TN 235.97 40.00 S9,438.80 FLOWABLE FILL CY 47.00 64.55 $3,033.85 SAND RIP RAP LS 1.00 1650.00 $1,650.00 BORROW-FILL M3 36.00 9.90 $356.46 CONCRETE "F" CURB M1 24.38 17.70 $431.52 SILT FENCE M1 37.80 2.53 $95.6,c _¢0¢I['.~ ~- T~,,A,~C~, _t~.0~ $28,837.3: APAC-Florida Inc. AN EQUAL OPPORTUNITY EMPLOYER TEL: (941) 355-7178 FAX: (941) 351-4078 May 23, 2002 Tim Woodrum Wilson Miller, Inc. 5057 Tamiami Trail East Naples, FL 34113 Re: Project No. 195389 1 52 01; Water line break Dear Mr. Woodrum: Please allow this letter to serve as a formal request for additional work performed by APAC- Florida, Inc., Sarasota Division ("APAC") on the above project. As you are aware, on May 16, 2002 Collier County Utilities had a 12" water main rupture at station 91+00. This break occurred under a section of the roadway that APAC had just placed pursuant to the above contract. The break occurred at night when there were no employees, or subcontractors, of APAC on site. Significantly, the water line belonged to Collier County, and the County hired a subcontractor to repair the break. As you are aware, however, APAC was required to undertake a substantial amount of work to repair the damaged road surface. APAC's work was performed at your direction. Clearly, the repair work that was required to fix the damage done to existing roadway was not within the scope of APAC's contract with the Florida Department of Transportation ("FDOT"). Furthermore, it is equally clear that no actions on the part of APAC and/or its subcontractors caused and/or contributed to this water line failure. Indeed, the ensuing investigation confirmed that the water pipe had an existing crack. I have attached photos that depict both the existing crack on the pipe, as well as the damage that was done to the roadway after its failure. APAC hereby formally requests that it be compensated for all costs associated with this repair work. At a minimum, Section 7, Article 14 of the FDOT Standard Specifications for Road and Bridge Construction 2000 edition, provides that APAC is entitled to compensation for the repair work at issue. APAC regrets that the County suffered this unexpected loss. However, it is clear that the loss is not attributable to APAC, and APAC demands that it be compensated for the repair work that it performed. APAC and its subcontractors should be completed with any and all work by the week ending of June 15, 2002. I look forward to hearing from you in the immediate future. If you have any questions please give me a call. AGENDA I T £8.--... JAN 1 ~, 2003 Project Manager Cc: Bill Ketron APAC-Florida, Inc. Sarasou Division Ft. Myers Branch 14299 Alico Rd. Ft. Myers, Fl. 33913 Tel: (941)267-7767 Fax (941)267-1336 Mailing Address: P.O. Box 2579, Sarasota, Florida 34230 1451 Myrtle Street, Sarasota, Florida 34234 J~N I ~ ZOO3 EXECUTIVE SUMMARY ACCEPT RIGHT OF ENTRY DOCUMENTS FOR THE PORT-AU-PRINCE SUBDIVISION UTILITY REPLACEMENT PROJECT AT A COST NOT TO EXCEED $780.00. OBJECTIVE: That the Board of County Commissioners, as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept Rights of Entry from lot owners within the Port-au-Prince Subdivision permitting the County to install a new sanitary sewer connection. CONSIDERATIONS: On June 25, 2002, the Board of County Commissioners approved item #16-C-14 to accept Rights of Entry from lot owners in the Port-au-Prince Subdivision for the purpose of performing sewer system connections and to abandon existing septic tank systems. During project construction, it was determined that additional Right of Entry documents would be required to perform the installation of a sanitary sewer connection from the existing homes to the new sewer line. Prior to recording in the public records, each Right of Entry will be reviewed by the County Attorney's Office as to form and legal sufficiency. FISCAL IMPACT: The cost of recordation of the Right of Entries shall not exceed $780.00. The funds shall be withdrawn from the County Sewer Capital Projects Fund (414), Port-au- Prince Project. Source of funds is Sewer User Fees. GROWTH MANAGEMENT IMPACT: This work will have no impact on growth management. RECOMMENDATION: That the Board of County Commissioners: 1. Approve and accept the Right of Entries; and 2. Authorize staff to proceed to record with the Clerk of Courts the Right of Entries in the Pu. bli. c Records of Collier County, Florida. PREPARED BY: ,/ DATE: . .. . ,]10,an M.-Smith, Property Acquisition Specialist t~perty Acquisition & Construction Management Facilities Management Department Ao,_NL A No.3Co JAN 13 2003 Pg. EXECUTIVE SUMMARY Rights of Entry - Port-Au-Prince Page 2 REVIEWED BY: ~')NNa~ ] , ~-----~ ..... \ x~_k~..?__-l~ DATE: Toni A. M~t, Real Property Supervisor Property Acquisition & Construction Management Facilities Management Department ..... ~ k,,~ Charles E.- -' ~ ' '- Ca~'r~gton' ~ Jr., SR/WA, Manager ~'"Property Acquisition & Construction Management kJ Facilities Management~De ~p/p~ment , 4 ~ y ~~~~ DATE' REX. IE~ ED B : ~~~ (W~~g~ ' Dan Rodriguez~~ire~tor Facilities Manffgement Department REVIEWED BY: Alicia Abbott, Project Manager Public Utilities Engineering Department DATE: REVIEWED BY: .'::/~3/(/~~ Roy A/fiderson, P.E., Director Publ[tc Utilities ~g APPROVED BY'~'~~ ~--~~ 'r '~'~Jam~s W. Detony, P.E.7-~dministrato .._ ltc Utilities Divisioh DATE: AGENDA IT£~ .----, ~0.___J..~_~?~ JAN 1 4 2003 PG, EXECUTIVE SUMMARy, APPROVE A BUDGET AMENDMENT AND CONTRACT MODIFICATION FOR THE EMERGENCY DREDGING OF WIGGINS PASS, NOT TO EXCEED A TOTAL OF $395,000 OBJECTIVE: To obtain approval of a budget amendment for Wiggins Pass Emergency Maintenance Dredging, not to exceed a total of $395,000 and to obtain approval of a contract modification to increase the maximum dredge quantity to 46,000 cubic yards. CONSIDERATIONS: On November 19, 2002 the Board of County Commissioners approved a total budget of $340,000 for Wiggins Pass Emergency Maintenance Dredging (agenda item 10.H). Engineering services for design, construction plans and construction phase services have been ordered for $44,000. The construction contract was awarded to Lake Michigan Contractors for $293,000 based on an estimated 30,000 cubic yards of sand to be dredged ($200,000 mobilization of dredge, $90,000 dredging of sand (30,000 cubic yards at $3/cubic yard), $3,000 turbidity monitoring, $293,000 Total) A pre-construction survey, taken the week of November 23, 2002, indicates nearly 46,000 cubic yards of sand available to be dredged within the permitted channel limits. The additional 16,000 cubic yards translates into $48,000 of potential additional costs depending on the actual final quantity dredged. The post-construction survey will be conducted in early January 2003 and the quantity calculations will be available within one to two weeks of the survey. Construction contract Construction contract modification Engineering services Additional engineering services Total $293,000 $48,000 $44,000 $10,000 $395,000 The Coastal Advisory Committee, on November 14, 2002, and the Tourist Development Council, on December 10, 2002, both recommended approval of a TDC grant application for $450,000 so with the proposed changes, the total amount is under the recommended amounts from the two committees. FISCAL IMPACT: The current budget is $340,000. The attached budget amendment transfers $55,000 from the TDC Reserves into the Wiggins Pass Emergency Dredging project. The source of funds is Tourist Taxes. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners 1) approve a Budget Amendment for Wiggins Pass Emergency Dredging in the amount of $55,000 and 2) authorize the Public Utilities Administrator to execute a contract modification ~vith Lake Michigan Contractors not to exceed $48,000. AG[MOA ITEM. ,0. JAN 1 4 2003 SUBMITTED BY: REVIEWED BY: Paul Kwa, p~Manager Ron Hovell, P.E., Special Projects Manager Rg~ B. Anderson, P.E., Public Utilities Engineering D~ector REVIEWED BY: \~ra (~, ~--~_./~//~ Date: [(0'2-~[~3 . ~ ~'S~ephe~ Y. Cfifiaell, Di~ecto;,/l~ff/c~asing/General Services ~epar~men~ ~.~ W. DeLony, p.E., Public ~Utllities Admm]strator CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Wi.q.qins Pass Maintenance Dredc~incl PROJECT #: 50004 BID/RFP #: Quotes (BCC 19Nov, 10.H.) . MODIFICATION #: 1 NAME OF FIRM: Lake Michigan Contractors, Inc. CONTRACT AMOUNT: ORIGINAL $ 293~000.00 CURRENT $293~000.00 CURRENT COMPLETION DATE(S): ORIGINAL: January 15, 2003 CURRENT: January 15, 2003 SUMMARY OF PROPOSED CHANGE(S): The work is based on an estimated quantity of material to be dred.qed usinq survey information at the time the plans are developed. Just prior to the start of work, a pre-construction survey was taken per the terms of the contract and it was determined that siqnificantly more material is available to be dredqed than the initially estimated 30,000 CY. A total of nearly 46,000 CY is available. JUSTIFICATION FOR CHANGE(S): The budqet and contractual authority are beinq souqht to enable a change order to adiust the quantity to match the final quantity calculated from a post-construction survey. This will allow for final payment and close- out of this proiect. PARTIES CONTACTED REGARDING THE CHANGE: Lyn Wood, PURCHASING IMPLEMENTATION STEPS (Check each before proceeding with change) X Proposed change is consistent with the scope of the existing agreement ~hange is being implemented in a manner consistent with the existing agreement __ The appropriate parties have been consulted regarding the change APPROVE: .-~._~_/~' (lc., C,'-c__~ Date: DISAPPROVE: Date: COMMENTS: N0.~ JAN 1 20O3 EXECUTIVE SUMMARY REAFFIRM STAFF'S PRIOR ACTIONS WITH RESPECT TO CONSTRUCTION- RELATED ACTIVITIES FOR CAPACITY IMPROVEMENTS AT THE NORTH COUNTY WATER RECLAMATION FACILITY, PROJECT 73077. OBJECTIVE: To seek the Board's reaffirmation of staff's prior actions with respect to construction-related activities for the North County Water Reclamation Facility (NCWRF) Flow Equalization Tanks project. CONSIDERATIONS: Several sewage spills at the NCWRF in the Spring of 2001, prompted a Board-approved April 10, 2001 (Item 8(C)(1))Florida Department of Environmental Protection (FDEP) Consent Order (CO), which stipulated that Collier County must complete construction of a flow equalization system at the NCWRF by November 1, 2002. Being placed under a compressed fast-track time schedule mandated by the FDEP, staff presented a proposed plan to the Board on May 22, 2001, (Item 16(C)(8), Attached for reference and marked Exhibit A), to complete a flow equalization system in a manual operation mode by the November 1, 2002 deadline. In order to meet the accelerated schedule, the Board was asked to waive the competitive bidding requirements under Florida Statues and County purchasing policy for all construction-related purchases, and to allow staff to enter into all necessary construction-related contracts directly because of the dire emergency the County was facing. The Board approved the plan. Engineering consultant, Hazen and Sawyer (H&S), completed the design in Spring of 2002, and obtained a price proposal from the NCWRF 5-mgd Expansion contractor, Project Integration (P.I.), Inc. The proposal was received in the amount of $7,200,000. This xvas deemed excessive since it exceeded the independent cost estimate of $6,200,000. The contractor was unwilling to negotiate the price; it was therefore rejected. However, P.I. was awarded some preparatory site work that was necessary for soil stabilization and relocation of some conflicting site utilities prior to the flow equalization system construction. The pricing for the preparatory work at $681,489.00, was reviewed and verified by H&S based on previous similar xvork performed at the site, and was found to be fair and reasonable. Therefore, P.I. was allowed to perform this preparatory work under Change Order No. 11 (Attached for reference and marked Exhibit B) based on prior May 22, 2001 (Item 16(C)(8) Board approval. On July 30, 2002, (Item 16(C)(16), the Board approved an Amendment to the April 10, 2001 Consent Order, which essentially changed the mandated completion date of the flow equalization system from November 1, 2002, to October 31, 2003. This change was made due to delays in the FDEP permitting process. This afforded staff enough time to obtain three competitive sealed proposals from three contractors, two on the County's Fixed Term Annual Contracts, and one from the NCWRF 5-mgd Expansion contractor, P.I., who xvas still mobilized on site. Mitchell & Stark Construction Company was the lowest, responsive, and responsible bidder, at $6,161,700. This was in line with the independent cost estimate for the project, therefore the project was awarded based on the prior May 22, 2001, Item 16(C)(8) Board approval. -",, ~N~A~M '"- [ ·--:. J.~.["l ! ;:. Executive Summary Reaffirm Staff's prior actions xvith respect to Capacity Improvements at the NCWRF Page 2 FISCAL IMPACT: This item does not present any additional fiscal impact. GROWTH MANAGEMENT IMPACT: Increasing capacity is needed to meet growing demands for sewer service in the north service area. This item is commensurate with the 2001 Wastewater Master Plan adopted by the Board on 12/11/01, Item 8(A). RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-Officio governing board of the Collier County Water-Sewer District, reaffirm staff's prior actions with respect to construction-related activities for capacity improvements at the NCWRF, Project 73077, at no additional costs. SUBMITTED BY: Peter Schalt, PMP, Interim Principal Project Manager Public Utilities Engineering Department ,,,. .~'fi'~s W. DeLony, P.E., Administrator i/,'~. Public Utilities Division Date: EXECUTIVE SUMMARY FUNDING, W.4JVER OF FORMAL COMi:'ETITION, AND AUTHORITY TO EXECUTE CONTRACTS FOR CAPACITY IMPROVEMENTS AT TIlE NORTH COUNTY WATER RECLAMATION FACILITY, PROJECT 73077 OBJECTIVE: To provide additional treatment capacity at the North Comity Water Reclaznation Facility (NCWRF) in advance of peak season 2002. CONSIDERATIONS: An April 10, 2001 Florida Department of Environmental Protection Consent Order (page 3, articles 11 arid 12) stipulates that Collier Cotmty must complete construction of a flow equalization system at the NCWR.F by November 1, 2002. At the May 8, 2001 Board meeting, staff recommended being proactive and implementing a flow eaualization system in manual mode by November 1, 2001, as a means to assure that the fa~cility will h~ive adequate capacity to properly treat and dispose of projected peak season sewer flows in advance of the on-going expansion. As a result, the Board amended a professional services a~eement to design this system. The proposed plan is to have two flow equalization tanks completed for manual operation in time for the upcoming 2002 peak season. To meet that accelerated schedule, adequate funding must be available. Desi~ services, procurement of materials, and construction services must commence immediately and continue for the next several months. The bulk of the procm-ement work is anticipated to occur during the Board's 2001 surnmer recess. To facilitate this accelerated project, advance approval is needed to execute any and all purchase(s) and/or contracts directly related to the recommended capacity improvements that, in accordance with County Purchasing Policy, require Board approval. Section 255.20 F. S. requires that all public xvorks construction projects over $200,000 be procured via formal public competition. However, subsection 255.20.1.a, b and c of the F. S., gives the Board of Comity Commissioners discretion to waive this requirement under emergency circumstances. Accordingly, staff requests that the Board exercise its discretion and waive the formal statutory arid County purchasing policy requirements for formal competition and authorize stai-f to enter into contract(s) directly related to the recommended capacity improvements. Estimated costs to implement the recomrnended capacity improvements that are not already funded are as follows: Construct Flow Equalization - Manual Mode Contingency (10%) Total Estimated Costs $4,327,273 432.727 $4,760,000 2003 Executive Summary Approve Funding for Capacity Improvements at NCWRF Page 2 Construction of the flow equalization system will consist of several components and be implemented by purchases from multiple vendors. The pr/mary components or trades may include soil foundation preparation, site work, underground utilities, prestressed concrete tanks, and mechanical and electrical construction. FISCAL IMPACT: A budget amendment is needed to transfer funds in the amount of $4,760,000 from Wastewater Capital Reserves to project 73077. Source of funds is Impact Fees. GROWTH MANAGEMENT IMPACT: Increasing capacity is needed to meet growing demands for sewer service in the north service area. R_ECOMMENDATIONS: That the Board of County Commissioners, as the Ex-Officio governing board of the Collier County Water-Sexver District, approve the necessary budget mnendment, waive statutory, and County purchasing policy requirements for formal competition, and award and authorize the Public Utilities Administrator to execute the necessary agreements and/or purchases related to increasing NCW'RF treatment capacity as recommended in-time for peak season 2002. SU]3MITTED BY: REVIEWED BY: RBVIEWED BY: REVIEWED BY: APPROVED BY: Peter Schalt, PMP, Project Manager Public Utilities E_ngineering Department Roy B./Anderson, P.B., Director Public tUtilities Bn~neering Department ~71/I c,/~. ~/~//~ Date: Stephen Y. ~arnell, Director Purchasin~General Services Division fosep~i5 B. Che'atham, Director Wastewater Department J--raffles V. Mudd, P.E., Administrator Public Utilities Division JAN f 2003 MA OI EXECUTIVE SUMMARY APPROVE BUDGET AMENDblENT TO RE.APPROPRIATE FUNDS FOR THE NORTIt COUNT5:' WATER RECLAMATION FACILITY FLOW EQUALIZATION TANKS, PROJECT 73077, IN THE RE-APPROPRIATED AblOUNT OF S2,500,000. OBJECTIVE: To ensure adequate funding for the Florida Department of Environmental Protection's (FDEP) mandated North County Water Reclamation Facility Flow Equalization Tm~s project. CONSIDEraTIONS: On April 10, 2001, the Board and the FDEP signed a Consent Order that mandates that the NCW~ Flow Equalization Tanks be completed and on line no later than November 1, 2002. While preparing cost estimates for the FY 02 budget, our engineering consultants, Hazen & Sawyer, P.C., and staff utilized preliminap' infom~ation. Since that time, design calculations and confining site conditions such as a imposing wetlands ar~a to'the notxh of"- tt:e site, and electrical and sewer utilities to be relocated, have changed the scope. The cost of the project has proportionately gone higher. As a result, instead of the original concept of one (million gallon) tank at a cost estimate of S4.SM, now two 1.5-mg tanks must be constructed at a cost estimate of 57.3M, including a 10% contingency. FISCAL 15IPACT: A budget amendment is necessary to re-appropriate S2.5M fi'om the NCRWF 30.6-told MMADF, project 73950 to the NCXV~ Flow Equalization Tanks, project 73077 to ensure adequate funding. Funding source is Impact Fees. GROWTH 3IANAGESIENT I3IPACT: This work will have no impact on growth manage:nent. RECOSISIENDATIO~S' That the Board of County Commissioners, as Ex-Officio the Governing Board of dae Coll~er ~ounty Water-Sewer D~tfich approve the necessary budget amendment to re-appropriate funding in the amount of S2.3M, for the NCW~ Flow EquaSzafion Tanks, project 73077. Peter Schalt, PM?, Project Manager Public Utilities Engineering Depa~ment REVIEWED BY: APPROVED BY: Roy B'~ Anderson, P.E., Director Public Utilities Engineering Department Thomas G.Wides, Interim Administrator Public Utilities Division la,~, JAN 1 ti 2003 EXECUTIVE SUI ARY RESPONSE TO BOARD REQUEST FOR ADDITIONAL INFORMATION RELATED TO THE NORTH COUNTY WATER RECLAMATION FACILITY FLOW EQUALIZATION TANKS, PROJECT 73077 OBJECTIVE: To provide additional information in response to Commissioners' questions relative to the cost and environmental impacts of the Florida Department of Environmental Protection's (FDEP) mandated North County Water Reclamation Facility (NCWRF) Flow Equalization Tanks project. CONSIDERATIONS: On January 8, 2002, agenda item 10(D, moved from 16(C)(1), the Board approved a budget amendment to re-appropriate funding in the amount of $2.5M for the NCWRF Flow Equalization Tanks, project 73077, on the condition that staff return with info~Tnation in response to unanswered questions as follows. 1. Why not raise the tanks and make them taller and deeper? Why not pump into the tanks (rather than gravity flow?) These alternatives were considered and rejected because they would cost more. Additional costs are related to the need for bigger pumps, upsized electrical power distribution, additional dewatering, and more substantial foundations. Why not construct one (1) 3-million gallon oval tank instead of two (2) 1.5-million -' gallon circular tanks? The tanks need to be covered for odor control. A single ox'at tank would cost $1.2 million more than dual circular tanks because circular tanks are easier to cover. Added benefits of the two-tank alternative are reliability of redundant systems and reduced impact on wetlands north of the proposed tank locations. 3. Why not locate the tanks at \eteran's Park? Veteran's Park is conti~uous to the facility. This option was considered but not selected because of additional costs and time. In addition to costs for similar work as described in Item 1 above, additional considerations for encroaching into Veteran's Park would include increased piping, electrical upgrades, chemical system upgrades, and also, potential zoning and land use changes which could cause delays beyond our control. 4. How does the cost for this facility compare to the South Count)' Water Reclamation Facility (SCWRF) flow equalization tanks? The SCWRF flow equalization system, including two (2) 1.25-million gallon tanks, is in-progress and estimated to cost $6'.5 million, which equates to a unit cost of $2.60 per gallon of storage. The NCWRF flow equalization system, including two (2) 1.5-million gallon tanks, is estimated to cost $7.3 million, or $2.43 per gallon of storage. The cost estimate for the NCWRF is comparable to the SCWRF. FISCAL IMPACT: There is no fiscal impact associated with this item. GROWTH management. MANAGEMENT IMPACT: This work will have no impact o. g kXl'th 1 2003 Executige Summary Responie to Board Request for Additional Information Page 2 RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the additional information as adequate to process the budget amendment as approved January 8, 2002, agenda item 10(I), related to the NCWRF Flow Equalization Tanks, project 730'77. SL~MITTED BY: RE'VIEV','ED BY: APPROVED BY: Peter Schalt, PMP, Project Manager Public Utilities Engineering Department Roy B. Anderson, P.E., Director Public Utilities Engineering Department Thomas A. Wides, Interim Administrator Public Utilities Division DATE: DATE: -., t~,c--I $. JAN 1 zt 2003 ~ i,~/"_ ,. EXECUTIVE SU,XI .'xI APPROVE BUDGET AMEND,.',IENT TO RE.APPR©PRI..kTE FU,NDS FOR TIlE NORTil COUNTY \VATER ILECLA,",IATION FACtL1TY FLO\\' EQUALIZ-z-TIO-'''' TANKS, PROJECT 73077, IN THE RE-APPROPRI.-xTED ASlOU,NT OF 52.500,000. OBJECTIVE: To ensure adequate t'undins for -:'~ Fic. r~dz D~-::r'~men''- of Enviro~:me:;'.:J · ]:'-c. ..... Fie'..:.' :""'" :'~"':'"' Protection's (FDEP) mandated North Cot.::'..:':' Tr_nks project. · ' :':-:':'-~ !.'_tar ".::':::': CO.NSIDE~-X. TIONS: On At:rd 10, 2001 the Bc'~,'''' i:'.d :izc .=DIP ':~"~'~ ' Con?-?.r O,:'dc.' n~andates tlw. t the NC\\rP,-F Flow Eqva~;"a';o'' -':---.'~: tv,-,, ..... ho,- 1. 2002. While pre'o,',r:n*- cost e_- ...... ,.-- r- . : ............. ..,;_..,; consultants, n,~,.e., &Sawver, P.C., and staff ' ' ' ' ,:.e - ........ = ......... : .... "."':'-~...' '.:'.it'.Fl_. :,-~.--~ : : ' ,, ---,~. estimate of q-' S',~ :;z,',:.' ?.v.-_ ~.5-:'.:~ z::'.<s ~:-..:s: L-e .:2:-.5%'i!-'3,J 7.: :: C.:St eszi::x:.'.e of 57.3N'[. li',c:uc.:7~=- 2 5,~ ...: ' _ Z%:zllC~.!z.,. " FISCAL I.XiP.2, CT: .-. b::d~et - ' ..... is -- '.-.h...'. :--:- :';: .... · .............. - ._ ,,, r'-,? -v- ',~*' . .... ..,.. 7'_,5,77 to :.:st.'r: :-..f:[ua:'~ f'.m~i;~5-'. F::ndinz :o~r:-" is l:'.'.'_'r::: Fees. G.,~OVVTH 5I.-$,NAGEsI£N'T lSlPACT: T'.~.= v.'..-:i.: .'.:!i i::.'.r ".::- [hq:--. ,-': ........ ;-n r.t'~r.g eitt ir.:. .--... ,-. :.r ..... '.'2 RECO?,ihi£>,'DATION£: Thxt file Eoi:.5 ca' .2:.::".: .T:':'::'. ,,-.._ ~.., .. - ...... : ........ G.~x'.:n::ut Bo:':'5 er" fl;e C:'.!i:." Co:they .,v;'.:.-_: ............... .-: . ._.,.,,_ :: .... · . · ., _ ......... - - '.,~ au.: t.!2 .x,..~ ,.....,. .... .. :~:~te:tct::.s'.".t to re--,_:?pro.unat= £undm,-.' ," ."¢ ,::-.- ............. r-C'j.a;:ZF-;:,,"., i ~i;KS. '3t'O:~'r'~ /3"-~" /' ..'~ _~, ,-' /5' .. -- '" ' '.'r. " 6':" SUB.\.fiTTED BY: " " ?::st Schz!t, ?M?, ?roj~ct ........=-- 'Public Utilities ':-' C; ...... RE'FIE'WED BI': APPROVED BY: Roy B'~ Anderson, P.E... Dir-,ctor Public Utilities E:~=--in,:sring Thomas ct.Wides, Interin~ Public Utilities Division JAN 2 2 2002 pg.. '"~ CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, Ex-Officio the Governing Board of the Collier County Water-Sewer Distdct ("Owner"), hereby contracts with Mitchell 8, Stark Const. Co., Inc. ("Contractor") of 6001 Shirley Street, Naples, Florida 34109, an Indiana corporation, to perform all work ("Work") in connection with the NCWRF Flow Equalization System Package No. 2-Equalization Facilities, Bid No. 02-3374 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Hazen and Sawyer, P.C., the Engineer of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Instructions to Bidders, the Proposal and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor up to five (5) sets of the Contract Documents as are l ---9asonably necessary for execution of the Work. Additional copies of the Contract Documents shall .e furnished, upon request, at the cost of reproduction. i ! Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work ~,,,' ,~ re.~..~re., by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: six million one hundred sixty-one thousand seven hundred dollars ($6,161,700.00). WS-CA-1 Section 4. Bonds. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in amount of 100% of the Contract Amount, the costs of which to be paid by Contractor. The erformance and Payment Bonds shall be underwritten by a surety authorized to do business in the irate of Florida and otherwise acceptable to Owner;, provided, however, the surety shall be rated as o" or better as to general policy holders rating and Class V or higher rating as to financial size tory and the amount required shall not exceed 5% of the reported policy holders surplus, all as )orted in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 !i-Fulton Street, New York, New York 10038. Should the contract amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its :right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Project Manager. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole dsk of Contractor. The Work shall be substantially completed within four hundred eighty-five (485) calendar days from the Commencement Date. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within five hundred eighty (580) calendar days from the Commencement Date (herein "Contract Time"). B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified above, as said lime may be adjusted as provided for herein. Should Contractor fail to substantially complete the Work within the number of calendar days for substantial completion established herein, Owner shall '~e entitled to assess, as liquidated damages, but not as a penalty, eleven thousand six hundred =lollars and sixty-nine cents ($11,600.89) for each calendar day thereafter until Substantial 3ompletion is achieved. Further, in the event Substantial Completion is reached, but the Contractor 'ails to reach Final Completion, Owner shall also be entitled to assess, as liquidated damages, but lot as a penalty, a sum certain per day, in the amount of two.thousand one hundred twenty- five :loilars and thirty-five cents ($2,125.35), for each day after the time set for Final Completion, as set "orth in paragraph four (4) above, until Final Completion is achieved. The Project shall be deemed to ~e substantially completed on the date the Project Manager (or at his/her direction, the Design =rofessional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor ~ereby expressly waives and relinquishes any right which it may have to seek to~r~..,;~the.~., -... ~bove noted liquidated damages as a penalty, "~' ~d---I ..%. WS-CA-2 JAN 1 2003 I0 vC~.h the parties agree represents a fair and reasonable estimate of the Owner's actual damages at t. .ime of contracting if Contractor fails to substantially or finally complete the Work in a timely manner. C. Computation of Time Pedods. When any pedod of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such pedod. If the last day of any such pedod falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day sha~l be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Dete4:mination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the County will count default days in calendar days. E. Conditions under which Liquidated Damages are Imposed. If the Contractor or, in case of his default, the surety, fails to complete the work within the time stipulated in the Contract for Substantial Completion, or within such extra time that the County may have granted the Contractor, or in case of his default, the surety, shall pay to the County, not as a penalty, but as liquidated damages, the amount of eleven thousand six hundred dollars and sixty- nine cents ($11,600.69) per day for each day the Contractor fails to reach Substantial Completion as · ,-~uired under the terms of the contract. Final Completion shall occur when the contract is npleted in its entirety, is accepted by the County as complete and is so stated by the County as complete. If the Contractor reaches Substantial Completion but falls to reach Final Completion, the Contractor, or in the case of his default, the surety, shall pay the sum of two thousand one hundred twenty-five dollars and thirty-five cents ($2,125.35) per day for each day the Contractor fails to reach Final Completion. F. Right of Collection. The County has the right to apply, as payment on such liquidated damages due under the Contract by allowing the Contractor to continue and to finish the work, or any part of it, after the expiration of the Contract Time including granted time extensions. G. Allowing Contractor to Finish Work. The County does not waive its right to liquidated damages due under the Contract by allowing the Contractor to continue and to finish the work, or any part of it, after the expiration of the Contract Time including granted time extensions. H. Completion of Work by County. In the case of a default of the Contract by the Contractor and the completion of the work by the -'ounty, the Contractor and his surety are liable for the liquidated damages under the Contract, but .,~e County will not charge liquidated damages for any delay in the Final Completion of the County's performance of the work due to any unreasonable action or delay on the part of the-~¢~'-""- · ;.,,, 1 2003 ti WS-CA-3 Release of Contractor's Responsibility. The County considers the Contract complete when the Contractor has completed in its entirety all of ~e work and the County has accepted all of the work and notified the Contractor in wdting that the -:work is complete. The County will then release the Contractor from further obligation except as set forth in his bond and except as provided in the C°ntract. J. Recovery of Damages Suffered by Third Parties. When the Contractor fails to complete the work within the Contract Time or within such additional time that the County may grant, the County may recover from the Contractor amounts that the County pays for damages suffered by third parties unless the failure to timely complete the work was caused by the County's act or omission. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit A: Performance and Payment Bond Forms B: Insurance Requirements C: Release and Affidavit Form D: Contractor Application for Payment Form E: Change Order Form F: Certificate of Substantial Completion Form G: Final Payment Checklist Exhibit H: General Terms and Conditions EXHIBIT HI: Dispute Resolution Procedure Exhibit I: Supplemental Terms and Conditions Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Standard Details (if applicable) Exhibit M: Plans and Specifications prepared by Hazen and Sawyer, P.C. and identified as follows: NCWRF Flow Equalization System Package No. 2- Equalization Facilities, as shown on Plan Sheets 1 through 54. Section 7. Notices. A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Peter Schalt, PMP Public Utilities Engineering Department 3301 Tamiami Trail East Naples, Florida 34112 Phone: 941-530-5343 FAX: 239-530-5378 Email: PeteSchalt@colliergov.net WS-CA-4 ' · JAN !~2003 Io% notices required or made pursuant to this Agreement by Owner to Contractor shall be deemed erved if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Brian Penner, Vice President Mitchell & Stark Const. Co., Inc. 6001 Shirley Street Naples, Florida 34109 Phone: 941-597-2165 FAX: 941-566-7865 :.ither party may change its above noted address by giving written notice to the other party in rdance with the requirements of this Section. Section 8. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless .-iting and executed by the party or parties intended to be bound by it. Section 9. ~ --~ . ' ' ns hereof, the Agreement shall be binding upon and sha~l inure to the 'ubject to other _p_ro~v~'.as'°..sions of the parties to the Agreement e~t of the successors -~','~ '~" - ' Section 10. ~ The Agreement shall be interpreted under and its performance g°vetoed by the laws of the ~.te of Florida. Section 11. NoWaiver. 'he failure of the Owner to enforce at any time or for any period of time any one or more of the 3visions of the Agreement shall not be construed to be and shat[ not be a waiver of any such 3vision or provisions or of its right thereafter to enforce each and every such provision. Section 12. ~ =_ach of the parties hereto agrees and represents that the Agreement comprises the full and entire ;~reement between the parties affecting the Work contemplated, and no other agreement or ~derstanding of any nature concerning the same has been entered into or will be recognized, and tat all negotiations, acts, work performed, or payments made prior to the execution hereof shall be eemed merged in, integrated and superseded by the Agreement. Section 13. ~ Should any provision of the Agreement be determined by a court to be unenforceable, such a ~etermination shall not affect the validity or enforceability of any other section or part thereof. .... -i-z T "'. c.t S WS-CA-5 JA .I 1 2003 Section 14. Change Order Authorization. [ect Manager shall have the authority on behalf of the Owner to execute all change orders treement to the extent provided for under the County's Purchasing Policy and accompanying procedures. Section 15. Construction .-doubtful or ambiguous language contained in this Agreement shall not be construed against ~rty who physically prepared this Agreement. The rule sometimes referred to as "fortius contra ~i:entum" (pursuant to which ambiguities in a contractual term which appears on its face to have ~inse~ted for the benefit of one of the parties shall be construed against the benefited party) shall ~i~ applied to the construction of this Agreement. Section 16. Order of Precedence ~e event of any conflict between or among the terms of any of the Contract Documents, the of the Construction Agreement and the General Terms and Conditions shall take precedence the terms of all other Contract Documents. To the extent any conflict in the terms of the tct Documents cannot be resolved by application of the Construction Agreement and the ~ral Terms and Conditions, the conflict shall be resolved by imposing the more strict obligation the Contract Documents upon the Contractor. WS-CA-6 2003 r IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated CONTRACTOR: TWO WITNESSES MITCHELL & STARK CONS. CO., INC. FI RST WITNESS Type/Print Name SECOND WITNESS Type/Print Name and title Affix the "(Corporate Seal}" OR type/print "(Corporate Seal)" Type/Print Name }ate: V---'ST: .~wight E. Brock, Clerk ~,pproved As To Form '..nd Lec~al Sufficiency:/_.,/¢,~.~ ~,o1:~ rt Za"C h a r~ \ssistant County Attorney OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT .... · ~~ / BY: x;'. , James W. DeLony, P.E. Public Utilities Administrator WS-CA-7 JAN 1 ~ 2003 EXECUTIVE SUMMARY TO PROVIDE ADDITIONAL INFORMATION TO THE BOARD RELATED TO THE AWARD OF A CONSTRUCTION CONTRACT TO ENCORE CONSTRUCTION COMPANY, FOR THE NORTH COUNTY WATER RECLAMATION FACILITY (NCWRF) EXPANSION TO 24.1- MILLION GALLONS PER DAY (MGD) MAXIMUM MONTH AVERAGE DAILY FLOW (MMADF) PROJECT 73950, IN THE BASE BID AMOUNT OF $24,861,000. OBJECTIVE: To provide additional information to the Board related to the construction contract with the low bidder, Encore Construction Company, for the NCWRF Expansion To 24.1-mgd MMADF. This project is necessary to meet Peak Season demands, and to comply with the April 10, 2001 Florida Department of Environmental Protection Agency's (FDEP) Consent Order (CO), and its July 30, 2002 Amendment. CONSIDERATIONS: On December 17, 2002, Item 10C, the Board awarded a construction contract for the NCWRF Expansion To 24. l~mgd MMADF, to Encore Construction Company, in the amount of $24,861,000. However, the Board requested that staff return with answers to the following items: 1.) Will the contract be brought forward to the Commissioners for review? Under this item on today's Board agenda, staff has provided a full set of contract documents for the Commissioner's review. Please note that the contract that is being utilized is a standardized document that was prepared by a panel consisting of the County Attorney's Office, an expert outside construction law firm, and employees of the former Utilities Division. At that time, the document was thoroughly reviewed and scrutinized to produce a document that would thoroughly protect the County throughout the entire construction process. The intent of a standardized contract is to minimize changes that may be made to the document, and to streamline and expedite the legal review process prior to the Chairman's final signature. The construction contract being utilized has adequate protection measures to ensure a good end product that is on time and on budget. Staff will employ all of its provisions to reach that end. Please note as is customary with all construction contracts, the County Attorney's office will review and approve this contract prior to the Chairman's signature. 2.) Have you thoroughly investigated the background of this contractor with respect to performance on past projects? Yes. Our engineering consultant, Hazen & Sawyer (H&S), P.C., has researched the contractor's performance on past similar projects. All were satisfactory. Their recommendation letter and their research results are attached and marked "Exhibit A" and "Exhibit B", respectively. 3.) What references have you contacted? H&S has telephoned and interviewed four references for this contractor on similar past projects. All were favorable. The references are attached and marked as "Exhibit C". 4.) What measures are we taking to ensure that this contractor is not late on this project? Staff will strictly enforce all of the contract's project control provisions; including, but not limited to, requiring and reviewing critical path project schedules on a monthly basis, conducting regular bi-weekly progress meetings, and providing full time professional construction inspection services. Staff specifically employed a national professional JAN 1 q 2.003 PG. / Approve Award And Subsequent Construction Contract For The NCWRF Expansion To 24.l, mgd MMADF Page 2 of 2 engineering firm with extensive expertise in this type of work to provide full time inspection services during the entire construction process. Further, County engineering staff will assist as needed to augment the engineering firm's efforts. Should the contractor show any signs of falling behind schedule, staff will immediately enforce all of the contractual remedies allowed by contract; including, but not limited to, withholding payment of contractor's pay requests, notifying the contractor's bonding company, imposing liquidated damages when work is late, and closely monitoring and following up on the potential delinquent work. Staff trusts that this addresses all of the Board's concerns and recommends after the Commissioner's review of the contract documents, that the Chairman sign the construction agreement based on the Board's award at the December 17, 2002 meeting, Item 10C. FISCAL IMPACT: There is no fiscal impact associated with this item. Funding information for this project was provided at the December 17, 2002 Board meeting, Item 10C. GROWTH MANAGEMENT IMPACT: This project is needed to meet increasing wastewater demands in the County's north service area, is commensurate with the April 10, 2001 FDEP Consent Order (and its July 20, 2002 Amendment), and is consistent with the 2001 Wastewater Master Plan adopted by the Board on 12/11/01, Item SA. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, in follow up to the previous award action of December 17, 2002, (Item 10C), authorize the Chairman to execute the standard County construction agreement after approval by the County Attorney, for the NCWRF Expansion To 24.1-mgd MMADF, Project 73950, Bid 02-3418, in the amount of $24,861,000. Peter Schalt, PMP, Interim Principal Project Manager Public Utilities Engineering Department Roy ~. Anderson, P.E., Director Public Utilities Engineering Department REVIEWED BY: ..~1 ~, ' ~;'4~/ DATE: ['&(~30/O'7-- Steve Camell, Dir~tor Purchasin~General Se~ices Depa~ment JoSeph---- Cheatham, Wastewater Director Public Utilities Division ~ ~ Ja~es W. DeLony, P.E., A~ninistrator ~lic Utilities Division JAN I 7.003 HAZEN AND bAWYER Environmental Engineers & Scientists November 20, 2002 RU.E.D. '02 25 PI-f I: Hazen and Sawyer, P.C. 2101 Corporate Blvd. Boca Rat0n, FL 33431 561 997-8070 Fax:561 997-8159 Mr. H. Peter Schalt, PMP, Project Manager COLLIER COUNTY PUBLIC UTILITIES ENGINEERING DEPARTMENT 3301 Tamiami Trail East Building H Naples, Florida 34112 NCWRF Expansion to 24.1 MGD - Liquid Stream Recommendation to Award Construction Contract Dear Mr. Schalt: The Collier County Purchasing Department received and opened bids for the above-referenced project on November 7, 2002 at 2:30 p.m. A total of five (5) bids were opened and read aloud. Attached is a tabulation of all bids received. Each Bidder's Proposal includes a Base Bid Price and an Alternate Bid Price. The Base Bid Price is based on a 24-month duration to substantial completion in order to meet the current FDEP Consent Order deadline of January 1, 2005. The Alternate Bid Price is based on a 30- month duration to substantial completion and was requested based on the County's recent request to FDEP to extend the Consent Order deadline to January 1, 2006. Since the County has not received a written response from FDEP to extend the Consent Order deadline, award of the contract should be determined by the Base Bid Proposals. According to our review of the Bid Proposals, including the Contractor Qualification Proposal Forms, we consider Encore Construction Company to be the lowest responsive, responsible bidder under the Base Bid condition. Note that the electrical subcontractor included in Encore Construction's Bid Proposal, All Florida CO-OP, does not have the necessary experience on projects of similar size and scope and, in our professional opinion, are not qualified to perform the electrical work included in this project. Encore Construction has indicated in writing that they will substitute a qualified electrical subcontractor at no change to the Bid Price. In accordance with Page WS-P-4 of the Bid Proposal, the County intends to require that Encore Construction substitute a qualified electrical subcontractor subsequent to Contract Award. As such, we recommend award of the Collier NCWRF Expansion to 24.1 MGD - Liquid Stream contract to the apparent Iow bidder, Encore Construction Company, for the Base Bid Price of $24,861,000.00. Note that the Engineer's estimate for this project was $27,000,000 to $29,000,000. / Boca: 40408L 017 I Hew Yort ~'tY · Armonk. NY · Woodbu~?. UY · Uoper Saddle River, ~'IJ · Oelroil, MI · Raleigh. NC · Charlotte, i',lC · Fatrfax, VA · Hollywood, FL · Boca Ralon, FL · Fort Piercet-L HAZEN AND SAWYER Mr. H. Peter Schalt, PMP November 20, 2002 Page 2 of 2 We appreciate the opportunity to assist the County with this important project. have any questions. Very truly yours, HAZEN AND SAWYER, P.C. Kurt A. Pfeifer, P.E. Project Manager c." Albert Muniz Gary Bors File 40408 - 6.0 Please call if you Boca:40408LO 17 NO. JAN 1 z~ 2003 PG. ~'~ 7 ~ C~ 0 0 0 0 0 0 0 0 CD 0 ITl N m Z Z ~ 0 ~n O0 0 0 '-4 O0 0 0 0 0 0 JAN 1 4 2003 Z o 'o ~ 'o m o ~Z~ o o :ID o o o o o 'o "O 0 0 ~ -I" 0 "n > Z .< "°-- JAN 1 zt 2003 COLLIER COUNTY NCWRF EXP, , 24.1 MGD - LIQUID STREAM BID EVALUATIONS/BIIDER'S REFERENCES GC's Name: Project Name: Contract Amount: Contract Time: Actual Time: Complete On Time? Owner's Contact: Owner's Telephone: Questions to Owner: I Project Completed on Time? 2 GC cooperative to work with? Encore Construction Ocala (FL) Water Reclamation Facility No. 3 $18,960,000 18 months 18 months (projected) yes, as projected at 90+% Ed Earnest 1-352-629-8521 projected to finish on Januan7 18, 2003, contract time extended one month yes 3 GC coordinated well with Owner re tie-ins, shutdowns? 4 GC reasonable re change orders, claims? yes 5 Any major c!aims, disputes? no 6 GC's PM and Field Superintendent Qualified, Professional? 7 GC had good understanding of wastewater-type projects? N/A; completely new plant, no tie-ins, shutdowns yes yes Engineer's Contact: CH2MHILL, Tim Ptak, Project Manager Engineer's Telephone: 1-352-335-7791 Questions to Engineer: 1 Project Completed on Time? should finish on time, one month added for S200k of Owner-requested extra work 2 GC ccoperative to work with? yes 3 GC coordinated well with Owner re tie-ins, shutdowns? 4 GC reasonable re change orders, claims? 5 Any major ctaims, disputes? 6 GC's PM and Field Superintendent Qualified, Professional? 7 GC had good understanding of wastewater-type projects? 8 GC effectively manage subs (electricalll&C)? N/A; completely new plant, no tie-ins, shutdowns yes no yes yes yes BIDE'VALUATION Page 1 of 4 JAN 1 2003 HAZE~ AN~$AWYI~R, P.O. COLLIER COUNTY NCWRF EXP. ~4.1 MGD - LIQUID STREAM BID EVALUATIONS/EIDDER'S REFERENCES GC's Name: Project Name: Contract Amount: Contract Time: Actual Time: Complete On Time? Owner's Contact: Owner's Telephone: Questions to Owner: Encore Construction Land O'Lakes WRF, Pasco County (FL) $10,247,859 17 months 17 months yes Tom Missimir 1-72% I Project Completed on Time? yes 2 GC cooperative to work with? yes 3 GC coordinafed well with Owner re tie-ins, shutdowns? yes 4 GC reasonable re change orders, claims? yes 5 Any major claims, disputes? no 6 GC's PM and Fieid Superintendent Qualified, Professional? yes 7 GC had good understanding of wastewater-type projects? yes Engineer's Contact: King Engineering & Assoc., Engineer's Telephone: 1-813-880-8881 Questions to Engineer: 1 Project Completed on Time? yes 2 GC cooperative to work with? yes 3 GC coordinated well with Owner re tie-ins, shutdowns? yes 4 GC reasonable re change orders, claims? yes 5 Any major claims, disputes? no 6 GC's PM and Field Superintendent Qualified, Professional? yes 7 GC had good understanding of wastewater-type projects? yes 8 GC effectively manage subs (electrical/l&C)? yes BIDEVALUATION Page 2 of 4 ,o.. ; JAN 1 COLLIER COUNTY NCWRF EXP. · 2,4.1 MGD - LIQUID STREAM BID EVALUATIONS/BIIDER'S REFERENCES GC's Name: Project Name: Contract Amount: Contract Time: Actual Time: Complete On Time? Owner's Contact Owner's Telephone: Questions to Owner: Encore Construction North Sumter Utilities WWTP $9,926,225 pending pending John Parker 1-352-753-6694 1 Project Completed on Time? on schedule 2 GC cooperative to work with? yes 3 GC coordinated well with Owner re tie-ins, shutdowns? yes 4 GC reasonable re change orders, claims? yes 5 Any major claims, disputes? no 6 GC's PM and Field Superintendent Qualified, Professional? yes 7 GC had good understanding of wastewater-type projects? yes Engineer's Contact: Engineer's Telephone: 1-352-753-3114 Questions to Engineer: 1 Project Completed on Time? on schedule 2 GC cooperative to work with? yes 3 GC coordinated well with Owner re tie-ins, shutdowns? yes 4 GC reasonable re change orders, claims? yes 5 Any major claims, disputes? no 6 GC's PM and Field Superintendent Qualified, Professional? yes 7 GC had good understanding of wastewater-type projects? yes 8 GC effectively manage subs (electrical/l&C)? yes Farner, Barley & Associates, Robert Farrier BIDEVALUATION Page 3 of 4 COLLIER COUNTY NCWRF EXP.. 2.4.1 MGD - LIQUID STREAM BID EVALUAIIONS/BIIDER'S REFERENCES GC's Name: Encore Construction Project Name: Village Center WWTP (FL) Contract Amount: $5,161,894 Contract Time: 31 months Actual Time: 31 months Complete On Time? yes Owner's Contact: John Parker Owner's Telephone: 1-352-753-6694 Questions to Owner: 1 Project Completed on Time? yes 2 GC cooperative to work with? yes 3 GC coordinated well with Owner re tie-ins, shutdowns? yes 4 GC reasonable re change orders, claims? yes 5 Any major claims, disputes? no 6 GC's PM and Field Superintendent Qualified, Professional? yes 7 GC had good understanding of wastewater-type projects? yes Engineer's Contact: Engineer's Telephone: 1-352-753-3114 Questions to Engineer: 1 Project Completed on Time? yes 2 GC cooperative to work with? yes 3 GC coordinated well with Owner re tie-ins, shutdowns? yes 4 GC reasonable re change orders, claims? yes 5 Any major claims, disputes? no 6 GC's PM and Field Superintendent Qualified, Professional? yes 7 GC had good understanding of wastewater-type projects? yes 8 GC effectively manage subs (electrical/l&C)? yes Farner, Barley & Associates, Robert Farner BIDEVALUATION Page 4 of 4 .~ ~-~' ~'~ & ~'T~ ! I JAN 1 2003 H~E~ AND SAWYER, P.O. EXECUTIVE SUMMARY REQUEST TO AUTHORIZE THE CHAIRMAN TO SIGN A STATE OF FLORIDA EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE TRUST FUND MATCHING GRANT APPLICATION. OBJECTIVE: To provide consistent, reliable communication of emergency response vehicles during major incidents such as mass casualties, terrorism threats, hazardous material incidents, and xvildfires. CONSIDERATION: The State of Florida established the Emergency Management Preparedness and Assistance Trust Fund to assist organizations in the improvement and expansion of Emergency Management services. A matching grant application has been written for a Mobile Communication Command Post to replace the existing vehicle due to the fact that the current vehicle is 13 years old and needs frequent repairs to remain operational. In the last txvo years, the vehicle has been repaired eight (8) times. Fleet Management has advised that there is major xvork needed on the body and chassis of the vehicle and that this work would be expensive. They have also advised it would more economical to purchase a new vehicle rather than repair the current vehicle. Recognizing that in a time where homeland security is a major concern and brush fires are common occurrences in the dry season, staff is requesting the Board's support to apply for this grant which, if awarded, will reduce replacement costs to the taxpayer by 50%. The Mobile Communication Command Post has been used approximately 15 times in the past year, most notably for the alleged terrorism incident on 1-75 on September 13, 2002. This vehicle serves as the central command unit during major incidents and is listed as a valuable resource of the Comprehensive Emergency Management Plan (CEMP). If the grant projects are approved, the State Division of Emergency Management xvill provide fifty percent (50%) funding of the total project cost. The County would provide the remaining fifty percent (50%) of the project cost through reserve funds and in-kind services. The grant awards will be announced this Spring. If Collier is a recipient, then the Board will have the opportunity to accept the award. FISCAL IMPACT: The total cost of the projects above amount to $333,913 with grant revenue providing $166,956.50 and the associated County match of $125,304.13 as cash match and $41,652.37 as an in-kind match (See table below). The in kind match is made up of $30,000 from existing radio equipment, $10,000 from the sale of the current Mobile Communication Command Post, and $1,652.37 to administer the grant. The funding source for the Emergency Management Preparedness and Assistance Trust Fund would come from either General Fund reserves or a combination of funds from the fire districts and the County. Staff will seek the support of the individual fire districts for local match support while the application is reviewed by the State. This could not be achieved at this time due to the application deadline. ,a, GENDA ;TEM JAN 1 / 2003 Project State Grant County Matching Total Cost Fund (50%) Funds (50%) Mobile Communication $166,956.50 $166,956.50 $333,913 Command Post GROWTH MANAGEMENT IMPACT: There is no immediate Growth Management impact associated with this Executive Summary. However, this unit is listed as a valuable resource in the CEMP. RECOMMENDATION: That the Board authorize the Chairman to sign the matching grant application. Diana Watson, Grant/Budget Coordinator DATE: \,:~}"~\~ REVIEWED BY: '~T/~,'~ '/( ~-5c.~ DATE: Jeff Pa' d,.l}n4.ergency M'e_flical Services Director B~ DATE: REVIEWED Ke~ineau, Emergency Management Director APPROVED BY: 'ohn Dunnuck, Public Services Administrator COLIER .,., Emergency Management Preparedness & Assistance Trust Fund 2003 Mobile Communications Command Post January l4,2003 Emergency Management Preparedness and Assistance Trust Fund Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Re: Letter of Transmittal Dear Grant Review Committee Members: Please find attached a grant application for Collier County Emergency Medical Services Department and Emergency Management. The Mobile Communications Command Post xvill be utilized by not only our department, but for any emergency management situation that arises. All funds provided will be used to accomplish the goal of purchasing and equipping the Mobile Communication Command Post. This project will be completed xvithin the 12-month time frame. The amount of funds requested is $166,956.50 Collier County EMS is responsible for $125,304.13 as a cash match, and $41,652.37 as an in-kind contribution. This letter shall also serve as certificate of assurances that only those discussed xvithin the application will be involved in this project; that this application is, in all respects, fair and in good faith, without fraud or collusion; and the signer of the application has full authority to bind the applicant. Sincerely, Diana Watson, Captain Grant/Research Coordinator Attest: DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legal sufficiency: David C. Weigel~ Count:f_~4tto~ey BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Chairman EMPA COMPETITIVE GRANT APPLICATION ATTACHMENT 1 TITLE PAGE TITLE OF PROJECT _ MOBILE EMERGENCY OPERATIONS COMMUNIATIONS COMMAND POST AMOUNT REQUESTED FROM STATE $166,956.50 AMOUNT MATCHING FUNDS COMMITTED $166,956.50 This is an application for a competitive grant under (indicate ONLY one): X 1) Emergency Management Competitive Grant Program, or 2) Municipal Competitive Grant Program The application is submitted for consideration in the following category (select ONLY one): 1) A project that will promote public education on disaster preparedness and recovery issues. 2) A project that will enhance coordination of relief efforts of statewide private sector organizations, including public-private business partnerships. 3) A project that will improve the training and operations capabilities of agencies assigned lead or support responsibilities in the State Comprehensive Emergency Management Plan. X 4) A project that will otherwise further state and local emergency management priorities identified in the Notice of Fund Availability. APPLICANT INFORMATION: Name of Organization: Collier County Board of Commissioners, Emergency Medical Services Department & Emergency Management Address of Organization: 3301 Tamiami Trail East, Building H Naples, FL 34112-496 E-mail address: dianawatson(~_,colliergov.net Name of Chief Elected Official: , Chairman Board of County Commissioners Name of Chief Administrative Officer: James V. Mudd, County Manager Name of Applicant Contact: Diana Watson ~ ~o.~l Title of Applicant Contact: Grant/Budget Coordinator Telephone Number of Applicant Contact: (239)774-8597 Federal Employee Identification (FEID)Number: VF 596000558 AUTHORIZED SIGNATURE [Must, comply with 9G-19.008(7), F.A.C., or application will not be scored] · Signature: Title: Chairman, Collier County Board of Commissioners Attest: DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and/~egal sufficiency: David C. Weigel, Cou t9 Atta:~ey 3 SECTION Letter of Transmittal ................................................... Title Page ................................................................ Table of Contents ........................................................ TABLE OF CONTENTS PAGE A. 1 B. 2 C. 4 D. Proposed Project Presentation .......................................... 5 E. Proposed Budget .......................................................... 13 F. Itemized Equipment ...................................................... 14 4 1. Clearly identify a demonstrated state or local emergency management need and explain how this project will address it. If applicable, identify which emergency management priority, as identified in the Notice of Fund Availability, the program addresses. Clearly link the project to the priority. Florida is well known for experiencing a great number of natural disasters, from hurricanes, to flooding, to wildfires. Many of these natural disasters cause upheaval in people's lives due to the destruction they cause. As September 11, 2001 showed, there is also a need to be prepared for man made disasters, such as, the use of Weapons of Mass Destruction. The ability of emergency management to respond to natural and man-made disasters is an obligation of each individual local emergency management agency. Emergency service professionals need to provide a highly skilled and xvell-trained team of individuals in order to appropriately respond to these types of disasters. Collier County is located in the southwest coruer of Florida. Due to its location, and the 50 miles of frontage along the Gulf of Mexico, Collier County is quite vulnerable to storms and hurricanes from both the east and the west. Any severe storm that occurs in the Gulf of Mexico or in the Atlantic could produce major damage in Collier County. Another challenge faced by Collier County is flooding, which affects a large portion of the county when severe weather occurs. As history shows, Collier County is also prone to wildfires during times of drought. Hurricanes, floods, and wildfires all call for an emergency response from local emergency services departments, ranging from the Collier County Sheriff's Office, Collier County Independent Fire Districts, and Collier County Emergency Services (EMS). Collier County is also the home of Representative Porter Goss's main office, Naples Municipal Airport, Immokalee Airport, Everglades Airport, and Marco Island Airport. I ---~g~nda Itmm No./6,?> I t During all large-scale disaster or emergency situations, it is necessary to have a Mobile Communications Command Post (MCCP) available. Collier County's current Mobile Communications Command Post is built upon a 1989 John Deere chassis. It is 13 years old and worn. Although a retrofit was completed on the communication equipment approximately six months ago it became clear after a prolonged emergency incident that the vehicle was no longer sound to provide the service that is required of it. In September of 2002, Collier County experienced an alleged terrorism incident on 1-75. This incident utilized our current MCCP, as well as, many other emergency vehicles. The MCCP had to be hooked up to two other vehicles by jumper cables in order for it to function. It is the goal of Collier County Emergency Management to provide this vehicle at incidents where local emergency services departments deem it necessary. Some examples of this would be, prolonged wildfires to ensure that communication was clear, flooding situations, prolonged Hazardous Materials incidents, Terrorism incidents, and Mass Casualty Incidents. Unfortunately, our current Mobile Emergency Center is not utilized often because of its condition. This project meets two of the priority areas in the Notice of Fund Availability. Priority B will be met by providing a continuity of government plans and operations. This unit will be used in order to maintain a communication network throughout Collier County in any emergency situation. It is not always practical to have an Emergency Operations Center (EOC) in one area when the emergency situation is in another area of the county. Collier County is 2,024 square miles and there are incidents that occur where the main EOC cannot be used as the main contact point due to distance. The MCCP would also provide Collier County with the ability to handle multiple emergencies simultaneously. The MCCP is the secondary EOC for Collier County. If there were an emergency that required the main EOC to be abandoned the MCCP would be utilized. The MCCP is also utilized as the main mobile communication center used to sustain communication between the County and the State in emergency situations. Priority C is met by providing the agencies that are responsible for various ESF responsibilities with the ability to use the MCCP to respond to fires, aircraft accidents, multi- casualty incidents, hazardous materials, and Weapons of Mass Destruction incidents. The MCCP xvill have an expanded role in responses due to the fact that it is capable of handling a larger role. ESF 2 would be able to use this vehicle to, "establish communications between County and State EOC's, and the County and local governments," while also following the Preparedness Section that states they must "secure the Mobile Command Vehicle." ESF 4 xvould also be able to utilize this vehicle for response since they "coordinate and direct all fire suppression efforts." The MCCP has been used on fire scenes, such as the Merritt Fires of 2000 in Collier County. Therefore, the State Division of Forestry may also find the MCCP useful in future fire situations. This project meets state and local emergency management needs in the areas described above. These are primarily mitigation, planning, response, and recovery issues that face Collier County. Currently, Collier County is using a MCCP that is inadequate and unreliable to meet the needs of Emergency Management. It is the aim of this agency to provide reliable response to emergency incidents with adequate equipment to meet the needs of emergency service agencies within Collier County. 2. Identify the immediate tangible emergency management benefits (short term projects, i.e., -12 months or less in duration), or, reasonable expectation of long term emergency management benefits coupled with the availability of resources (other than this grant amount) to continue implementation of the project past the term of the award (long term projects, i.e.- duration of longer than 12 months). Also, identify the number of emergency management organizations or the targeted population area whose emergency management needs will be directly benefited by the project. JAN 1 q 2003 Collier County will see immediate benefits by obtaining this vehicle, including immediate availability during emergency incidents, less worry about the potential of equipment breakdown, and potential use in situations of mutual aid with other counties and cities. Collier County has more than 250,000 residents according to the 2000 census and many of those residents need to be educated about emergency preparedness. Preparedness will be improved because this MCCP will be used to help educate the public throughout Collier County about emergency management functions. Currently, the condition of the existing MCCP limits its usefulness as a public education tool. By displaying the new MCCP at local events, the public will learn more about emergency preparedness in Collier County. By using this vehicle to respond to emergencies throughout Collier County, all aspects of emergency services will be fully equipped to deal with any long-term incident needing an MCCP. It will also provide a unique emergency response capability by improving communication and therefore safety of personnel during an emergency, while also enabling the Unified Incident Command to interface with Emergency Management. This is one of the key concepts that will be implemented with this MCCP. Emergency Management and Incident Command both play critical roles in emergency situations and working together is crucial to making the process work. The MCCP will provide a meeting point for the two to communicate and coordinate emergency efforts. There are nine Independent Fire Districts, the Sheriff's Office, City of Marco Police, City of Naples Police, Collier County EMS, and Collier County Emergency Management who will be able to utilize this MCCP for emergency responses. In total, approximately 1,500 personnel will benefit from the availability of the MCCP during emergency responses. Additionally, with Collier County as a signatory to the Statewide Mutual Aid Agreement, this resource is available for deployment to other agencies around the State upon request. · o 3. Describe the project's consistency with the State Comprehensive Emergency Management Plan and any applicable local comprehensive emergency management plans. This project is consistent with the State Emergency Management Plan in multiple areas: · Emergency Support Function One: The goal is to coordinate evacuations. Notifying individuals will use the MCCP to support countywide evacuations through amplifiers and radio; · Emergency Support Function Two: Will enable continuous communication with other agencies as well as the State because in an emergency it is important to be able to communication in any area of the County and the tower on the MCCP will promote communication by enabling emergency responders to communicate in remote areas; · Emergency Support Function Four: The MCCP will be utilized on xvildfires where communication is difficult, and it xvill also provide an area where the Unified Command can congregate; · Emergency Support Function Six: The MCCP will be xvell known through the County due to public information and education, so it will be a focal point for volunteers to meet and receive direction on where they are needed; · Emergency Support Function Eight: The Health Department will be able to utilize the MCCP if there is a need for mass vaccinations, or notification of quarantine; · Emergency Support Function Nine: Search and Rescue will utilize the MCCP for actual searches, providing communication in distant areas for emergency personnel; 9 · Emergency Support Function Ten: Any hazardous material incident will require the MCCP if it continues over a long period of time and can be used by the Unified Command as their incident command post; ·Emergency Support Function Fourteen: Public Information Officers use the MCCP to provide reliable real-time news releases and warning information; and · Emergency Support Function Sixteen: Law Enforcement agencies will be able to use the MCCP for supporting their operations, whether it be the command and control center for a lost person/area criminal search or a full-fledged anti-terrorist operation, such as it was used on September 13, 2002 by the Regional Domestic Security Joint Task Force for terrorist response operations on Interstate 75. This project is consistent with our Five-Year plan, which shows that the current MCCP is part of our rolling stock. In fact, under "Direction and Control" the MCCP is available to use during all incidents within Collier County. In the Collier County Emergency Management and Capabilities Assessment Checklist, the MCCP falls under "Communication" as something that is supposed to be accessible. Should there be an emergency that destroys the Emergency Operations Center (EOC), according to Section C Emergency Operations Center Operations~ the MCCP would be the primary EOC at that point because it is the only structure that would have the equipment needed for immediate action. In addition, the local Emergency Management Five-Year plan calls for the current MCCP to be replaced. 4. Discuss why this particular method and approach was chosen. This method was chosen due to the need for a reliable MCCP to be utilized on emergency scenes in Collier County for long-term operations, as well as the need for mobile command, control, and communication capabilities. It was also deemed appropriate based on I JAN 1 2003 , the fact that the MCCP is the only other fully equipped Emergency Operations Center (EOC) available should a disaster make the current EOC inoperative. Given that there are previously approved grants that were awarded by the Emergency Management Preparedness & Assistance Trust Fund to Florida Highway Patrol, Florida Department of Law Enforcement, City of Brooksville, Escambia County, Florida HRS-Health, City of Homestead, and City of North Port; this approach seemed the most logical. All of these recipients showed that their county or city needed an MCCP, which based on the above information, is clearly needed in Collier County as well. It is critical to have a reliable MCCP during emergencies. Collier County does not have an alternative resource that can provide the same level of communications and mobility as provided by an MCCP. 5. Identify Applicant's project match. Collier County EMS is providing $166,956.50 as the match. 6. Discuss the Applicant's experience and ability applied to the project. Rick Zwoloski~ CEM~ FPEM~ Emergency Management Coordinator Rick Zyvoloski has worked for Collier County since July 2001 as the Communications Coordinator. In this position, Rick is responsible for maintenance and upgrading the MCCP as necessary. Rick has extensive experience in emergency management, most of xvhich was obtained during his seven years as the Area 6 Coordinator for the Florida Division of Emergency Management. Captain Diana Watson~ Grant/Research Coordinator Diana Watson has worked for Collier County EMS for the past 6 years. Currently, in her role as the Grant/Budget Coordinator she applies for grants, and then implements the funded program, managing all aspects of grant process. In FY02 she obtained two grants from the ( Ag~nd~ .Item , Emergency Medical Services Matching grant totaling $179,000. She has a Masters Degree in Public Administration, as well as many courses in emergency medical courses, and emergency management. It is estimated that the MCCP will be delivered within 7-8 months of signing a contract. Tie Breaker- Answer the following t3vo questions: 1) Has the Applicant's jurisdiction been impacted by an environmental clean-up initiative? Collier County has not been involved in an environmental clean-up project. 2) Is the Applicant located in a Front Porch Community? Collier County does have a recently designated Front Porch Community in South Immokalee, an area of unincorporated Collier County, which is part of the EMS and Emergency Management service area. 12 .... Agenda. [.t. em ;~ No ._._/C O I JAN 1 q 2003 ~ :i E~p~ndi~'~~ categories::i~i~~ CaSh.Match Kind,. T0tal'Grantee . .EMPA~ ~ Total Project 1. Salary and Benefits 1,652.37 1,652.37 1,652.37 2. Other Personal/Contractual :Services 3. Administrative Expenses 4. Expenses 5. Operating Capital Outlay 125,304.13 40,000 165,304.13 166,956.50 332,260.63 6. Fixed Capital Outlay total Expenditures 125,304.13 41,652.37 166,956.50 166,956.50 333,913.00 Percentages 39% 11% 50% 50% 100% The total cost of the project: $333,913.00 Salary and Benefits: N/A Other Services: N/A Administrative Expenses: 1 employee to oversee project. Operating Capital Outlay: Vehicle, Radio Equipment, and Warning Equipment Fixed Capital Outlay: N/A 13 Detailed Budget, Cost Vehicle 2003 Bluebird Chassis 150,950 Backup Generator 9,500 18 foot Awning 9512 TV, VCR built into console 1,00C Cat 250HP Engine w/Air Brake System 12,00C Infrared Camera System 8,500 Wilburt 40 foot Mast Kit 13,585 Night Scan Scene Lighting Kit 6,500 SubTotal $202,985.00 Radio Equipment, Ma-Corn 800 Mhz Jaguar Mobile Radio 4,063~6 24,378 Ma-Com VHF Orion Mobile Radio 1,940@6 I 1,6412 Jaguar Portable Radio 2,990~6 17,94C Portable Radio Drop in Charger 518 Motorola JT 1000 VHF w/Chargers 90066 5,400 Three Chmmel Master III 800 Mhz stand alone site 60,000 Zetron Wireless Console 3,000 Panasonic Telephone Switching Equipment 2,000 SubTotal $124,876.00 Warning Equipment Whelen Light Bars Front & Rear 1,552 ~$ide, Front, Rear Lower Lighting Packages 3,000 Federal Q2B Electronic w/Speaker 1,500 SubTotal $6,052.00 Total $333,913.012 14 I ! JAN 1 200 I EXECUTIVE SUMMARY AUTHORIZE THE CHAIRMAN TO SIGN STATE OF FLORIDA EMS MATCHING GRANT APPLICATIONS. OBJECTIVE: To improve or establish emergency medical services programs that benefit the public by providing them at a reduced cost to the community. CONSIDERATION: The State of Florida established the EMS matching grant program to assist organizations in the improvement and expansion of EMS services. Matching grant applications have been written for: Water Rescue Training, Fitness Equipment, Community Event Supplies, EMS Today funding, and a ne~v Bike Medic Program. · The Fitness Equipment will be used to lower the number of injuries that occur to personnel, as well as, promoting fitness among employees. This expected impact is to loxver the cost in wor 'kman's compensation claims and the overtime costs to cover an injured employee. · The Bike Medic Program will reduce the response times to access patients experiencing a medical emergency at public gatherings where vehicle access is prohibitive. If the ~ant projects are approved, the State Bureau of Emergency Medical Services will provide seventy five percent (75%) funding of the total project cost. The County would fund the remaining twenty five percent (25%) of the project cost in the FY04 budget. Submission of a matching grant application in no way obligates the County to budget the twenty five percent grant contribution at this time. If the County chooses not to fund the project, the County's sole obligation would be to deny the grant when the awards are released later this Spring. FISCAL IMPACT: The total cost of the projects amount to $99,254.84 with grant revenue providing $74,441.13 and the associated County match of $24,813.71 (See table below). The funding source for the EMS matching grant(s), if selected and approved by the State, would be budgeted in FY04 EMS Fund 491. Project Water Rescue Training EMS Today show Fitness Equipment Community Event Supplies Bike Medic Program Total State Grant Fund (75%) $3,733.08 $4,500.00 $42,213.75 $6,825.00 $17,169.30 $74,441.13 County Matching Funds (25%) Sl,244.36 $1,500.00 $14,071.25 $2,275.00 $5,723.10 $24,813.71 Total Cost $4,977.44 $6,000.00 $56,285.00 $9,100.00 JAN 1~ ZOO3 GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. RECOMMENDATION: That the Board authorize the Chairman to sign the matching grant applications. PREPARED B~, Diana Watson, Grant/Research Coordinator REVIEWED BY: ~x..[ K ~-¢~ ~-"' ~7~t{.g~e,)Director o:~' EMS APPROVED BY: LX~/~ ~' ...... ~.'7~- ~'7' Jo!~n Dunnuck, Public Services Administrator DATE: [ ~ '~C,/o ¢ DATE: DATE: Agend tem JAN I q 200t _Pg. ~- ~ CLIER Emergency Medical Services Matching Grant Application 2003 Water Rescue Training pAgenc[~ ,it:em_ -1 No. 1~1) -..-~-- ! EMS MATCHING GRANT APPLICATION FLORIDA DEPARTMENT OF HEALTH Bureau of Emergency Medical Services Complete all items unless instructed differently within the application Type of Grant Requested: [] Rural [] Matching ID. Code (The State Bureau of EMS will assign the ID Code - leave this blank) 1. Or,qanization Name: Collier County Board of County Commissioners 2. Grant Siqne~: (The applicant signatory who has authority to sign contracts, grants, and other legal documents. This individual must also sign this application) Name: Position Title: Chairman, Collier County Board of County Commisioners Address: 3301 Tamiami Trail East Building F City: Naples State: Florida I County: Collier Zip Code: 34112 Telephone: 239-774-8097 Fax Number: 239-434-3049 E-Mail Address: 3. Contact Person: (The individual with direct knowledge of the project on a day-to-day basis and responsibility for the implementation of the grant activities. This person may sign project reports and may request project changes. The signer and the contact person may be the same.) Name: Diana Watson Position Title: Captain, Grants/Budget Address: 3301 Tamiami Trail East Building H City: Naples State: Florida Telephone: 239-774-8597 ICounty: Collier Zip Code: 34112 Fax Number: 239-775-4454 E-mail Address: dianawatson@colliergov.net DH Form 1767, Rev. June 2002 LgAgen di~ ~Item ~' No. __~-~-~2~ JAN I ZOO] - 4. Le.qal Status of Applicant Or.qanization (Check only one response): (1) [] Private Not for Profit [Attach documentation-501 (3) ©] (2) [] Private For Profit (3) [] City/Municipality/TownNillage (4) [] County (5) [] State (6) [] Other (specify): 5. Federal Tax ID Number (Nine Digit Number). VF59 6000558 .......... 6. EMS License Number: 2090 Type: []Transport []Non-transport []Both 7. Number of permitted vehicles bytype: 0 BLS 32 ALS Transport 3 ALS non-transport. 8. Type of Service (check one): I-]Rescue []Fire [~Third Service (County or City Government, nonfire) I-'lAir ambulance: []Fixed wing []Rotowing []Both []Other(specify) 9. Medical Director of licensed EMS provider: If this project is approved, I agree by signing below that I will affirm my authority and responsibility for the use of all medical equipment and/or the provision of all continuing EMS education in this project. [No signature is needed if medical equipment and professional EMS education are not in this project.] Signature: Date: Print/Type: Name of Director: Robert B. Tober, MD FACEP FL Med. Lic. No. ME00030891 Note: AI_.Jl organizations that are not licensed EMS providers must obtain the signature of the medical director of the licensed EMS provider responsible for EMS services in their area of operation for projects that involve medical equipment and/or continuing EMS education. Agenda .Item JAN 1 2003 Justification Summary (A) Problem Description Most drownings occur within lO feet of safety and 50feet from shore; 60% o faR drownings take £1ace in a rural setting of ponds, lakes, streams, and quarries. Due to the high influx of residents and visitors, Collier County is one of the fastest growing counties in the nation. This has caused increased traffic on the County's many watep, vays, which has, in return, resulted in a dramatic increase in the number of water related accidents throughout the county. Since Collier County Emergency Medical Services (EMS) is the only countywide emergency agency that has the capabilities to provide this service, it is critical that personnel receive current and periodic training in water rescue operations and basic water safety. Without refresher training, EMS personnel are put at risk when performing a rescue. According to Dave Stedman, Collier County EMS Data Administrator, Collier County had 148 calls at water,rays or sxvimming pools from October 1, 2001 to September 30, 2002. This does not include the number of near drownings, almost 10:1 that the National Boating Safety Council theorizes occur. All the Collier County controlled waterways are unsupervised by professional lifesavers, thereby increasing the risk of water related accidents. With the lack of monitoring at county waterways, it is imperative that a countywide system for water rescue operations be implemented for the safety of the residents of Collier County. (B) Present Situation Approximately, three years ago the entire EMS department received Basic Water Rescue training. Currently, all Collier County's Paramedics and EMTs are required to take a Basic Water Safety class at the time of hire to ensure that all personnel receive the same training. While there is no set national standard on how often personnel should be re-trained in basic water safety and rescue, given the amount of water within and surrounding Collier County, it is time for another class in this area. All ambulances in Collier County are equipped with the equipment necessary to assist a drowning victim. All Paramedics and EMTs are also capable of performing a limited underwater search for victims if necessary. Crews are provided with masks, fins, snorkels, flotation vests, water tubes, and cutting equipment. All of this equipment is critical during a drowning call or a submerged vehicle call. Agenda. ,. I~em .o._/c, JAN Pg. Collier County EMS is the only agency that can effectively respond to and provide a timely rescue for these victims. The unofficial industry standard from Dive Rescue International and Lifeguard Systems, which are dive- training organizations, has determined that a submerged victim rescue should take no more than 60 minutes. Collier County EMS is the only countywide provider is capable of completing a rescue within that that time frame. Collier County EMS is not constrained by district or municipal boundaries within the county and has the capability to provide the first phase ora rescue during a water rescue operation. (C) Proposed Solution Since many EMS personnel have not received training in several years and since the methods and materials used three years ago are outdated today, it has been determined that a new training course is necessary. Additionally, the submersable car used for underwater search is in need of upgrading. The PVC pipe that outlines the vehicle has cracked from use and since this vehicle is used to show personnel how to safely search a vehicle for trapped victims without risking harm to the personnel conducting the search, it is imperative that it remain in perfect operating condition. The training class that is planned provides a three-hour lecture on water safety and what to do to save a victim. The remaining five hours of the program are designed to have participants practice the skills they learned during the lecture. This includes using the safety tube to rescue a victim, learning how to search a submerged vehicle safely, how to rescue a victim who is panicking, and many other drills that intergrate the rescuers safety as well as the victim's safety. Collier County EMS has a sufficient number of trained personnel continue its commitment to water rescue operations, however, it is critical that training be kept current. The citizens of Collier County deserve to have water rescue handled by an agency that is fully prepared to deal with the issues surrounding marine operations in a timely manner. All residents should have confidence that they will receive the same level of care anywhere iff the county regardless of where they live or where their emergency occurs. (D) Consquences It' Not Funded If this training is not funded, Collier County EMS personnel will not receive the updated refresher course that is needed to keep their skills current. This could result in injuries to our personnel, which, could affect funding and endanger the ability of the water rescue program to continue. It would be unfortunate if this were to occur . · Agenda Item because utitmately it is the public that would pay the price by not receiving help in emergency s~tuat~ons No /~, ~ | JAN 1 q200t (E) Geographic Area Collier County has over 400 miles of coastline, canals, and lakes, some reaching depths of 80 feet or more. As a low-lying area, we also have the potential for flooding and swift water flows. Collier County has one major airport in the City of Naples, and minor airports in Everglades City, Immokalee, Marco Island and Wing South with flight paths over the water. With this much area to cover it is important to provide water rescue operations. (F) Time Frames The program and scheduling of the training courses would start as soon as the grant is approved. After the scheduling is complete, it will take approximately 90 days to complete all the training. (G) Data Sources The data sources this proposal include: · Johnson R: What research has revealed about drowning and diving accidents, 1984, Indiana, PA, IUP; · Pia F: Drowning facts and myths, 1976, Larchmont, NY, Water safety films (film); · Perspectives in disease prevention and health promotion aquatic deaths and injuries-US, MMWR, 31:31,1982, Pg. 417; · National Boating Safety Council; and · All data concerning number of calls was provided by Dave Stedman, Data Administrator, from EMS 2000 run report system. (H) Statement Collier County EMS has not received funding for this type of project previously. 5 Agenda Item~ m Outcome for Training Projects EMS personnel last received water rescue training in 1999. At that time the entire department was trained, which included 135 personnel. Originally the intent was to provide this training yearly, however it became cost prohibitive and therefore impossible to provide training to anyone other than new personnel. Collier County EMS has received firm commitment from approximately fifty (50) personnel to participate in the new training course and it is estimated that another thirty (30) will want to participate once the course is offered. Therefore, it is estimated that seventy (70) personnel will participate in the new training course. While this is not the entire EMS department, it is hoped that once a few personnel go through the training they will help to promote the program by word of mouth. This project is intended as a safety measure to ensure that a victim in the water receives a timely rescue effort from emergency services personnel. Without this training, victims will not receive the help they require in a water related incident. Collier County EMS believes in proactive training to stay ahead of problems. Unfortunately, it is challenging to remain proactive with budget constraints. This program is part of our five-year plan to ensure that when the public frequents waterxvays they have access to trained professionals in case they are needed. Agenda Item-~ No. JAN iq 2{}03 16. Work activities and time frames.: Indicate the major activities for completing the project (use only the space provided). Be reasonable, most projects cannot be completed in less than six months and if it is a communications project, it will take about a year. Also, if you are purchasing certain makes of ambulances, it takes at least nine months for them to be delivered after the bid is let. Work Activity Number of Months After Grant Starts ;chedule Training Fix submersable car Begin training Begin When grant is received End 30 days When grant is received 30 days 30 days from receipt of grant 90 days 17. County Governments: If this application is being submitted by a county agency, describe in the space below why this request cannot be paid for out of funds awarded under the state EMS county grant program. Include in the explanation why any unspent county grant funds, which are now in your county accounts, cannot be allocated in whole or part for the costs herein. This is not eligible for the County grant because it has been previously budgeted. DH Form 1767, Rev. 2002 5 Agenda Ltem - JAN 1 · /,~ , - 18. Budqet: Salaries and Benefits: For each Costs Justification: Provide a brief justification position title, provide the amount of why each of the positions and the numbers salary per hour, FICA per hour, of hours are necessary for this project. fringe benefits, and the total number of hours. Water P, escue Instructors $17.54/hour (average These are 8 hour classes and this w~ll enable overtime rate)+ $2.68 Collier Count~ EMS to provide a class on each (15.3% FICA) + $3.10 shift to train the maximum amount or'people. (17.7% for benefits)=$23.32/hour for 3 classes 8 hours each =4,477.44 TOTAL: 4,477.44 Expenses: These are travel costs Costs: List the price Justification: Justify why each of the and the usual, ordinary, and and source(s) of the expense items and quantities are incidental expenditures by an price identified, necessary to this project. agency, such as, commodities and supplies of a consumable nature, excluding expenditures classified as operating capital outlay (see next category). TOTAL: $ DH Form 1767, Rev. 2002 6 Vehicles, equipment, and other Costs: List the price Justification: State why each of the items operating capital outlay means of the item and the and quantities listed is a necessary equipment, fixtures, and other source(s) used to component of this project. tangible personal property of a non identify the price. consumable and non expendable nature, and the normal expected life of which is 1 year or more. PVC for repair of submersable car $500.00 Home Depot This car plays an integral role in the program being teach personnel how to search submerged cars in a safe manner. TOTAL: $4,977.44 State Amount (Check applicable program) [] Matching: 75 Percent [] Rural: 90 Percent Local Match Amount (Check applicable program) [] Matching: 25 Percent [] Rural: 10 Percent Grand Total DH Form 1767, Rev. 2002 $__3,733.08_ $ $~1,244.36 $ $ 4,977.44 i,,pgAgenda [_tem .- No. ~._~_~_~_~--~-~ JAN 1 003 L19. Certification: My signature below certifies the following. I am aware that any omissions, falsifications misstatements, or misrepresentations in this pplication may disqualify me for this grant and, if funded, may be grounds for termination at a llater date. I understand that any information I give may be investigated as allowed by law. I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. agree that any and all information submitted in this application will become a public document ~ursuant to Section 119.07, F.S. when received by the Florida Bureau of EMS. This includes -naterial which the applicant might consider to be confidential or a trade secret. Any claim of sonfidentiality is waived by the applicant upon submission of this application pursuant to Section 119.07,F.S., eff. ective after opening by the Florida Bureau of EMS. II accept that n the best interests of the State the Florida Bureau of EMS reserves the right to reject or revise any and all grant proposals or waive any minor irregularity or technicality in proposals received, and can exercise that right. II, the undersigned, understand and accept that the Notice of Matching Grant Awards will be advertised in the Florida Administrative Weekly, and that 21 days after this advertisement is published I waive any right to challenge or protest the awards pursuant to Chapter 120, F.S. certify that the cash match will be expended between the beginning and ending dates of the rant and will be used in strict accordance with the content of the application and approved budget for the activities identified. In addition, the budget shall not exceed, the department, approved funds for those activities identified in the notification letter. No funds count towards satisfying this grant if the funds were also used to satisfy a matching requirement of another state grant. All cash, salaries, fringe benefits, expenses, equipment, and other expenses as listed in this application shall be committed and used for the activities approved as a part of this grant. Acceptance of Terms and Conditions: If awarded a grant, I certify that I will comply with all of the above and also accept the attached grant terms and conditions and acknowledge this by signing below. Signature of Authorized Grant Signer (Individual Identified in Item 2) DH Form 1767, Rev. June 2002 / / MM / DD / YY FLORIDA DEPARTMENT OF HEALTH EMS GRANT PROGRAM REQUEST FOR GRANT FUND DISTRIBUTION In accordance with the provisions of Section 401.113(2)(b), F. S., the undersigned hereby requests an EMS grant fund distribution for the improvement and expansion or continuation of 3re-hospital EMS. DOH Remit Payment To: Name of Agency: Mailing Address: Collier County EMS 3301 Tamiami Trail East Building H Naples, FL 34112 Federal Identification Number 59 6000558 Authorized Agency Official: Signature , Chairman Type Name and Title Sign and return this page with your application to: Florida Department of Health BEMS Grant Program 4052 Bald Cypress Way, Bin C18 Tallahassee, Florida 32399-1738 Date Do not write below this line. For use by Bureau of Emergency Medical Services personnel only .Grant Amount For State To Pay: $ Grant ID Code: Approved By: Signature of EMS Grant Officer State Fiscal Year: Date Orqanization Code E.O. OCA Obiect Code 64-25-60-00-000 N_ N2000 7 Federal Tax ID: VF Grant Beginning Date: Grant Ending Date: DH Form 1767P, Rev. June 2002 ~t~p~rc, ved 8s to foFm. & ~30al sufScier, c'~. Assi~an~ t:C,L, nty Adorr, e,/ 9 / JAN 1 Emergency Medical Services Matching Grant Application EMS Today 2003 JAN-l- ~ 2003 EMS MA TCHING GRANT APPLICATION FLORIDA DEPARTMENT OF HEALTH Bureau of Emergency Medical Services Complete ali items unless instructed differently within the application Type of Grant Requested: [] Rural [] Matching ID. Code (The State Bureau of EMS will assign the ID Code - leave this blank) · Or,qanization Name: Collier County Board of County Commissioners 2. Grant Si.qner: (The applicant signatory who has authority to sign contracts, grants, and other legal documents. This individual must also sign this application) Name: Position Title: Chairman, Collier County Board of County Commissioners Address: 3301 Tamiami Trail East Building F City: Naples State: Florida Telephone: 239-774-8097 E-Mail Address: ICounty: Collier Zip Code: 34112 Fax Number: 239-434-3049 3. Contact Person: (The individual with direct knowledge of the project on a day-to-day basis and responsibility for the implementation of the grant activities. This person may sign project reports and may request project changes. The signer and the contact person may be the same.) Name: Diana Watson Position Title: Captain Grants/Budget Address: 3301 Tamiami Trail East Building H City: Naples State: Florida Telephone: 239-774-8597 ICounty: Collier Zip Code: 34112 Fax Number: 239-775-4454 E-mail Address: dianawatson@colliergov.net DH Form 1767, Rev. June 2002 Agen d,~, Item JAN 1 q 2003 Le,qal Status of Applicant Orqanization (Check only one response}: (1) [] Private Not for Profit [Attach documentation-501 (3) ©J (2) [] Private For Profit (3) [] City/Municipality/TownNillage (4) [] County (5) [] State (6).[-] Other (specify): 5. Federal Tax ID Number (Nine Digit Number}. VF 59 6000558 6. EMS License Number: 2090 Type: []Transport []Non-transport []Both 7. Number of permitted vehicles by type: BLS 32 ALS Transport 3 ALS non-transport. 8. Type of Service (check one): []Rescue []Fire []Third Service (County or City Government, nonfire) ['-]Air ambulance: []Fixed wing []Rotowing []Both []Other (specify) 9. Medical Director of licensed EMS provider: If this project is approved, I agree by signing below that I will affirm my authority and responsibility for the use of all medical equipment and/or the provision of all continuing EMS education in this project. [No signature is needed if medical equipment and professional EMS education are not in this project.] Signature: Date: Print/Type: Name of Director Robert B. Tober, MD FACEP FL Med. Lic. No. ME00030891 Note: AI_..!I organizations that are not licensed EMS providers must obtain the signature of the medical director of the licensed EMS provider responsible for EMS services in their area of operation for projects that involve medical equipment and/or continuing EMS education. Justification Summary (A) Problem Description For txvo years, Collier County Emergency Medical Services (EMS) offered a show entitled EMS Today to showcase a variety of EMS programs, as well as segments about basic training for emergencies. Unfortunately, due to budget constraints regarding local infrastructure, this program, which has received many positive comments and accolades from the community, was discontinued in 2002. EMS Today aired four times a year on the local government channel and produced shows that discussed the Automatic External Defibrillator (AED) Program, CPR Day, Bike Safety, Car Seat Safety, the Water Rescue program, the Heimlich maneuver, EMS Explorers, our new Weapons of Mass Destruction equipment, and many other topics. EMS Today provided a valuable avenue for different safety and health programs to be brought to the public's attention. This program was geared towards improving the public's knowledge of what EMS is responsible for, what to do in an emergency, and how to practice safety in their lives. Collier County EMS believed that these safety and health issues were critical and therefore showcased other department's programs to assure that the public was aware of programs such as the Car Seat Safety Program, which is run by the Collier County SheriWs office, or the Safe Sitter Program, which is sponsored by Naples Community Hospital. There were good responses from the public regarding the airing of these programs. These programs regularly receive positive response and support from the public. By providing information about the programs of other department's and agency's, EMS Today grew into a comprehensive program for all aspects of emergency services in Collier County. The basic format for EMS Today was an interview, followed by a training segment, and then xvrapped up with another interview. The first interview was the segue into the training segment, therefore when the first interview was about CPR Day we would have a short video on how to perform CPR and information about how to participate in CPR Day. Another topic was Car Seat Safety that included, an interview with an employee from Collier County SheriWs Office about their Car Seat Safety Program, and then showed a segment about how to correctly install a car seat. The final interview Collier County EMS used as an introduction of current programs, or new programs that were coming up. For example, one interview was with the EMS Explorers program. Another was for a Safe Sitter program sponsored by Naples Community Hospital. This set up provided a nice conclusion to the ~-- AgenF)a ,~I tern program. I No. EMS Today was broadcast four times a week with two showings on the weekend at 8:00PM to ensure a large viewing audience. The show was a half hour in length, with two interviews and one film segment. (B) Present Situation So, although the above describes an exciting and well-received program designed to showcase a variety of EMS programs, it was still affected by budget cuts and is no longer aired in Collier County. We have discussed participating in another show with the local fire departments, unfortunately, we will have little control over how much airtime we receive due to the fact that there are so many other departments that will be participating. The main thrust of this sho~v would not be focused on EMS and improving EMS, but rather on highlighting each department. Since one of the most compelling aspects of this program was the health portion changing the venue and format would affect the most important information that Collier County was trying to impart to the community. (C) Proposed Solution Funding the State of Florida would allow Collier County to re-establish the programming for another year while looking for funding from alternative sources, i.e. foundations for future years. It would also enable the show to showcase other programs and health issues such as such as stroke and heart attack, and what to do if someone should have those symptoms. (D) Consequences If Not Funded If funding is not recieved from the State of Florida many of the current Public Safety programs, as well as, an excellent resource for exposing the public to various health and training issues will be lost. Collier County EMS has received many inqueries about EMS Today an its programming and have expressed disappointment that the programs are no longer being aired. For example, according to Susan Vivonetto the Traffic Safety Program Coordinator, the Car Seat Safety Program received approximately fifteen to twenty people calls requestirtg further information. Also, after our clip about the Heimlich maneuver, Collier County EMS received a significant number of calls requesting the full class for CPR. (E) Geographic Area EMS Today is provided in a medium accessible by all Collier County residents that own a television. Since Collier County is 2020 square miles it is often difficult to communicate with all of the County's residents due to its size. The main thrust for this program is primarily for residents that are over twenty-five years of age. According to the University of Florida, Bureau of Economic and Business Research there are 160,960 residents that fall~Mthinl'l~i.s~/ category. One of Collier County EMS's most common problems is educating the public as to when to call EMS. People that are having classic signs of a heart attack brush it aside as heartburn, and people with the minor headache call for the ambulance to take them to the hospital. As a result, it is necessary to educate residents about how and when to call for EMS. EMS Today provides the tools and information needed to make this possible. (F) Time Frames This project would take approximately ten months to complete because one show takes approximately eight hours to complete. As these are quarterly shows all four would be completed in ten months. (G) Data Sources Kady Arnold, Government Channel Coordinator, provided data regarding to viewers and percentage of growth. (H) Statement This project is not a duplication of any prior grant that Collier County EMS has received from the State of Florida. Fraiser and Mulki conducted the survey of viewers. Outcome for Training Projects While EMS Today is not a specific training program for one issue, it does provide training to the public about a variety of issues as well as providing them with the tools of how to receive more specific training to meet their needs. There are 126,000 cable-viewing households in Collier County according to Government Channel Television Coordinator Kady Arnold. We estimate that now that the government channel is getting more well knoxvn to the public that our viewing audience will increase by twenty percent this year. In a survey conducted this year by Fraiser and Mulki over 63% of the respondents stated that they have watched the government channel. This program will constantly grow with our department as new training become available to the public and new programs are explored. It is Collier County EMS's five-year plan to find a constant source of funding for this program either through our budget, or through private funding. This is an important part of our public education section that continues to educate people while also reaching far more individuals than one trainer teaching classes and missing those people who would normally participate. 16. Work activities and time frames: Indicate the major activities for completing the project (use only the space provided). Be reasonable, most projects cannot be completed in less than six months and if it is a communications project, it will take about a year. Also, if you are purchasing certain makes of ambulances, it takes at least nine months for them to be delivered after the bid is let. Work Activity Number of Months After Grant Starts Research 4 new shows Tape 4 new shows Begin End ~.s soon as award is received 2 months months 10 months 17. County Governments: If this application is being submitted by a county agency, describe in the space below why this request cannot be paid for out of funds awarded under the state EMS county grant program. Include in the explanation why any unspent county grant funds, which are now in your county accounts, cannot be allocated in whole or part for the costs herein. This program cannot be paid for out of our County grant because it was a budgeted item in FY02. DH Form 1767, Rev. 2002 6 Salaries and Benefits: For each Costs Justification: Provide a brief justification position title, provide the amount of ~vhy each of the positions and the numbers salary per hour, FiCA per hour, of hours are necessary for this project. fringe benefits, and the total number of hours. TOTAL: Expenses: These are travel costs Costs: List the price Justification: Justify why each of the and the usual, ordinary, and and source(s) of the expense items and quantities are incidental expenditures by an ~rice identified, necessary to this project. agency, such as, commodities and supplies of a consumable nature, exciudin.q expenditures classified as operating capital outlay (see next category). Taping the training segment $1,500.00/episode This is the price Naples Video charges per episode. TOTAL: $6,000.00 DH Form 1767, Rev. 2002 7 NO., /~'~ JAN 1 2003 Vehicles, equipment, and other Costs: List the price Justification: State why each of the items operating capital outlay means of the item and the and quantities listed is a necessary equipment, fixtures, and other source(s) used to component of this project. tangible personal property of a non identify the price. consumable and non expendable nature, and the normal expected life of which is 1 year or more. TOTAL: $ State Amount (Check applicable program) [] Matching: 75 Percent [] Rural: 90 Percent Local Match Amount (Check applicable program) [] Matching: 25 Percent [] Rural: 10 Percent Grand Total $ 4,500.00 $ $ 1,500.00 $ $ 6,000.00 DH Form 1767, Rev. 2002 8 Ho. JAN 1 6 2003 I19. Certification: My signature below certifies the following. am aware that any omissions, falsifications, misstatements, or misrepresentations in this ~pplication may disqualify me for this grant and, if funded, may be grounds for termination at a ater date. I understand that any information I give may be investigated as allowed by law. I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. agree that any and all information submitted in this application will become a public document )ursuant to Section 119.07, F.S. when received by the Florida Bureau of EMS. This includes 'naterial which the applicant might consider to be confidential or a trade secret. Any claim of confidentiality is waived by the applicant upon submission of this application pursuant to Section 119.07,F.S., effective after opening by the Florida Bureau of EMS. II accept that in the best interests of the State, the Florida Bureau of EMS reserves the right to reject or revise any and all grant proposals or waive any minor irregularity or technicality in proposals received, and can exercise that right. II, the undersigned, understand and accept that the Notice of Matching Grant Awards will be advertised in the Florida Administrative Weekly, and that 21 days after this advertisement is published I waive any right to challenge or protest the awards pursuant to Chapter 120, F.S. certify that the cash match will be expended between the beginning and ending dates of the rant and will be used in strict accordance with the content of the application and approved budget for the activities identified. In addition, the budget shall not exceed, the department, approved funds for those activities identified in the notification letter. No funds count towards satisfying this grant if the funds were also used to satisfy a matching requirement of another state grant. All cash, salaries, fringe benefits, expenses, equipment, and other expenses as listed in this application shall be committed and used for the activities approved as a part of this rant. &cceptance of Terms and Conditions: If awarded a grant, I certify that I will comply with all of the above and also accept the attached grant terms and conditions and acknowledge this by signing below. Signature of Authorized Grant Signer (Individual Identified in Item 2) DH Form 1767, Rev. June 2002 / / MM / DD / YY 9 FLORIDA DEPARTMENT OF HEALTH EMS GRANT PROGRAM REQUEST FOR GRANT FUND DISTRIBUTION In accordance with the provisions of Section 401.113(2)(b), F. S., the undersigned hereby requests an EMS grant fund distribution for the improvement and expansion or continuation of 9re-hospital EMS. DOH Remit Payment To: Name of Agency: Collier County EMS Mailing Address: 3301 Tamiami Trail East Buildinq H Federal Identification Number VF596000558 Authorized Agency Official: Signature , Chairman Type Name and Title Sign and return this page with your application to: Do not write below this line. Date Florida Department of Health BEMS Grant Program 4052 Bald Cypress Way, Bin Tallahassee, Florida 32399-1738 For use by Bureau of Emergency Medical Services personnel only Grant Amount For State To Pay: $ Grant ID Code: Approved By: Signature of EMS Grant Officer State Fiscal Year: Date Organizatfon Code E.O. OCA Obiect Code 64-25-60-00-000 N_ N2000 7 Federal Tax ID: VF Grant Beginning Date: Grant Ending Date: DH Form 1767P, Rev. June 2002 ,~.~.p,-..,-,v,.:.d 3..~ t.". ~r.,,'rr, & I..~.~l L;.;~fic ..-:..~,::,,. Ass~ ....... . ....... 10 Emergency Medical Services Matching Grant Application Bike Medic Program 2003 Agend~ Item3 ~o.__Z6, ~> -'-'~' JAN ~ q 2003 EMS MATCHING GRANT APPLICATION FLORIDA DEPARTMENT OF HEALTH Bureau of Emergency Medical Services Complete all items unless instructed differently within the application Type of Grant Requested: [] Rural [] Matching ID. Code (The State Bureau of EMS will assign the ID Code - leave this blank) 1. Or,qanization Name: Collier County Board of County Commissioners 2. Grant Si.qner: (The applicant signatory who has authority to sign contracts, grants, and other legal documents. This individual must also sign this application) Name: Position Title: Chairman, Board of County Commissioners Address: 3301 Tamiami Trail East Building F City: Naples State: Florida Telephone: 239-774-8097 County: Collier Zip Code: 34112 Fax Number: 239-434-3049 E-Mail Address: 3. Contact Person: (The individual with direct knowledge of the project on a day-to-day basis and responsibility for the implementation of the grant activities. This person may sign project reports and may request project changes. The signer and the contact person may be the same.) Name: Diana Watson Position Title: Captain, Grants/Budget Address: 3301 Tamiami Trail East Building H City: Naples I County: Collier State: Florida I Zip Code: 34112 Telephone: 239-774-8597 Fax Number: 239-775-4454 E-mail Address: dianawatson@colliergov.net DH Form 1767, Rev. June 2002 2003 ' 4. Legal Status of Applicant Or.qanization (Check only one response): (1) [] Private Not for Profit [Attach documentation-501 (3) ©] (2) [] Private For Profit (3) [] City/Municipality/TownNillage (4) [] County (5) [] State (6) [] Other (specify): 5. Federal Tax ID Number (Nine Diqit Number). VF 59 6000558_ 6. EMS License Number: 2090 Type: []Transport []Non-transport []Both 7. Number of permitted vehicles bytype: 0 BLS 32 ALS Transport 3 ALS non-transport. 8. Type of Service (check one): []Rescue []Fire []Third Service (County or City Government, nonfire) []Air ambulance: F-]Fixed wing [-'jRotowing I--]Both []Other (specify) 9. Medical Director of licensed EMS provider: If this project is approved, I agree by signing below that I will affirm my authority and responsibility for the use of all medical equipment and/or the provision of all cont nuin.q EMS education in this project. [No signature is needed if medical equipment and professional EMS education are not in this project.] Signature: Date: Print/Type: Name of Director Robert B. Tober, MD FACEP FL Med. Lic. No. ME00030891 Note: AI__I organizations that are not licensed EMS providers must obtain the signature of the medical director of the licensed EMS provider responsible for EMS services in their area of operation for projects that involve medical equipment and/or continuing EMS education. 2 ' Agenda_ Item -'~ ~1 Justification Summary (A) Problem Description It is critical that Collier County Emergency Medical Services (EMS) quickly and easily be able to reach a patient, however, this is often difficult during large public events due to the crowds and barriers to access. EMS personnel participated in 158 special events from October 1, 2001 to September 30, 2002. Special events occur when there is a large gathering of the public, or when an ambulance is requested for an event. The majority of these events are large gatherings, and with a large gathering comes the problem of access. In the time frame mentioned above, 105 special events had 100 or more members of the public attending. Ambulances cannot get through crowds of people in a timely manner. This has lead to an increase in response times to medical incidents at these events due to the Paramedics trying to get through crowds. Even in the best case scenario where the patient come to the ambulance to receive care there is still the problem of transporting that patient out of the area. That leaves two options: one is to park on the outer perimeter of the event, and the second is to only carry a limited amount of equipment so that the paramedics can get through the crowd. Unfortunately, the first option is not workable because there is no way to access the patient. The second option is also unworkable because the paramedics cannot carry all of their equipment to the patient. (B) Present Situation The current procedure is to park the ambulance in a place where it is readily available for the public to see so that if someone is hurt they can get to the ambulance, or the paramedics go to the patient. Both of these current practices are not optimal for patient care. There are few options available at this point due to lack of funding. (C) Proposed Solution To combat the problem of prolonged response times during special events, Collier County EMS wants to initiate a bike team program similar to the program created by Lee County EMS and funded through the EMS Matching grant. The Bike Medic Program will be utilized at special events and any other event deemed appropriate in Collier County. Bike Medics will be able to treat patients at special events with advance life support equipment, and then have a transport unit come and transport the patient to the closest hospital. Thereby, avoiding a delay in patient care. This team effort between the bike medic team and the transporting unit also has other benefits, such as, not having to dedicate a full ambulance to the special event. This ambulance that would have been at the special sp[cial e~t'~ d,a Item event can then be utilized by the department to run emergency calls. By having a bike medic team at J JAN-i-/ iO -it will not only provide more timely patient care, but will also promote public relations by allowing the public to meet the personnel of Collier County EMS. Public recognition is one of Collier County EMS's goals because the more the public knows about the department they xvill be better able to utilize the department. (D) Consequences If Not Funded If not funded by the EMS Matching Grant, this program will not be able to begin this year. This will result in a continued delayed response due to crowds and inability to access patients. Unfortunately, the current method of dealing with the crowd at our larger special events will not be altered, in fact since our special events have increased by ten percent in fiscal year 2002 it is believed that they will continue to increase. With the majority of the special events over 100 people the bike team will be a benefit to the department by reducing patient contact time. (E) Geographic Area Collier County is approximately 2,020 square miles. These are the types of annual events in Collier County that have the largest crowds and would be most affected by the bike medic program. Name of Event Number Attending ever~.iade~ Seafood Fcsdvai ,3,'.'er 5.000 Swamp Buggy Races Over 5,000 Swamp Bug~' Parade Over 10,000 4th of July Parade Over 10,000 2hristmas Parade Dx'er 5,000 Taste of Collier Over 1,000 Art Festival Over 5.000 New Year Eve Celebration Over 10,000 Naples Grande Golf Toumament Over 5,000 Tiburon GolfToumament Over 8.000 Uneven T~nnis Match Over 10,000 ~ollier County Fair Over 8.000 Country Fest Over 7,000 ;enior PGA Tournament Over 3,000 Roberts Ranch Dedication Over 1.000 Vineyard Community Park Concert Over 10,000 Great Canoe Race Over 3,000 2hild Safety Fair Over 3,000 4 (F) Time Frames Within sixty (60) days of receiving the grant all equipment will be ordered and deliver will be within thirty (30) additional days. Training will be scheduled within the first thirty (30) days and completed within one hundred and t-wenty (120) days. The bike medic team will be operational with ten (10) months of receipt of the grant. (G) Data Sources All references to number of special events and statistics regarding them were obtained from Lt. Juan Ortega, who is in charge of scheduling special events. (H) Statement Collier County EMS has not requested funding for this type of program previously. Outcome for Projects that Provide or Effect Direct Services to Emergency Victims In the twelve months Collier County EMS has participated in 158 special events with 100 or more people at each event. Looking at the 8 events with more than 1,000 participants there were 19 times when a patient experienced a delay in care due to inability to access that patient. The average delay was 11.8 minutes. On 11 other calls the patient experienced a delay in transport due to the fact that the ambulance was dedicated to the event and unable to transport the patient to the hospital. These patients needed immediate care due to the nature of their illness or injury. The delay in care was caused by crowded venues that precluded immediate access. It is projected that in the next 12 months the bike medic program will decrease number of delays in accessing the patients by ten percent. As the members of the team gain more experience and time riding their bicycles it is expected to drop further. We project that we should be able to reduce the on scene time to 6 minutes or less, which is Collier County EMS's standard, after the bike medic program begins. The number of calls was identified through researching the EMS 2000 database for all calls from October 1, 2001 to September 30, 2002. Also identified with the database were the dispatch and the on scene times. The average was based on the number of calls divided by the number of calls that were delayed. The other outcome of this project ,,,,'ill be to decrease the amount of time it takes for a patient to be transported. With the bike medic program in place there is no reason that the ambulance crexv that is at the event cannot immediately transport the patient to the nearest hospital. While that is occurring the bike medic team will remain at the event in case of another emergency. This process should alloxv for shorter time to transport, as well as, decreasing the time it would take for a second patient to receive care while another unit responds to the emergency. One of the primary goals in the Collier County EMS 5-year plan is to reduce response times. The bike medic team is one prong in this effort at special events. While the primary use for the bike medic team would be for special events, there is also opportunity for it to be utilized for community events and training. 16. Work activities and time frames: Indicate the major activities for completing the project (use only the space provided). Be reasonable, most projects cannot be completed in less than six months and if it is a communications project, it will take about a year. Also, if you are purchasing certain makes of ambulances, it takes at least nine months for them to be delivered after the bid is let. Work Activity Number of Months After Grant Starts Begin Order equipment As soon a grant is received 90 days ;chedule training As soon as grant is received 120 days Implement program Within 210 days End 17. County Governments: If this application is being submitted by a county agency, describe in the space below why this request cannot be paid for out of funds awarded under the state EMS county grant program. Include in the explanation why any unspent county grant funds, which are now in your county accounts, cannot be allocated in whole or part for the costs herein. The County Grant cannot be used for this program because all funds have been identified for other training. DH Form 1767, Rev. 2002 Agenda I.tem ...., ~ JAN 1 zt 2003 ,% '5_ 18. Bud,qet,: 'Salaries and Benefits: For each Costs Justification: Provide a brief justification position title, provide the amount of why each of the positions and the numbers salary per hour, FICA per hour, of hours are necessary for this project. fringe benefits, and the total number of hours. TOTAL: Expenses: These are travel costs Costs: List the price Justification: Justify why each of the and the usual, ordinary, and and source(s) of the expense items and quantities are ncidental expenditures by an price identified, necessary to this project. agency, such as, commodities and supplies of a consumable nature, excluding expenditures classified as operating capital outlay (see next category). Training EMS Bicycle Operations $195.00/student= This is the training recommended by Lee Course training is provided by $1,560 County EMS. Southeast Training Associates TOTAL: $1,560.00 DH Form 1767, Rev. 2002 8 ~ Agend~ Item Vehicles, equipment, and other Costs: List the price Justification: State why each of the items operating capital outlay means of the item and the and quantities listed is a necessary equipment, fixtures, and other source(s) used to component of this project. tangible personal property of a non identify the price. consumable and non expendable nature, and the normal expected life of which is 1 year or more. 6 Cross Roads Complete Bikes $500.00/bike from Frequently we have multiple events occurring Naples Cyclery= on the same date. $3,000 Supplies for saddle bags $1,667.77/bike= Supplies to provide complete ALS care $10,006.62 (please see attached budget) Bike rack and pannier bags $390.88/bike= $2,345.28 These are needed to transport equipment 8 Uniforms (2 shorts, 2 shirts, 1 pant, $389.85/individual= Uniforms are needed for identifying purposes helmet) $3,118.80 and comfort; quantities are for consecutive days of riding or weather. 2 Shorts $46.39x2=$92.78 All prices are based on prices in Galls 2 Shirts $20.00x2=$40.00 magazine. 1 Pant $64.29 1 helmet $100.00 Light Bars $404.97Poike= Needed for safety to move through croxvds. $2,429.82 Siren $44.99/bike=$269.94 Used to track mileage and speed for evaluation Cyclometer $26.99Poike=$161.94 of program. Provided by Ft. Myers Schwinn Cycler,/ TOTAL: $22,802.40 JAN'I 2003 _ State Amount (Check applicable program) [] Matching: 75 Percent [] Rural: 90 Percent Local Match Amount (Check applicable program) [] Matching: 25 Percent [] Rural: 10 Percent Grand Total $_17,169.30 $ $_5,723.10 $ $22,892.40 DH Form 1767, Rev. 2002 10 Agend~ .Item JAN l 200 I19. Certification: My signature below certifies the following. am aware that any omissions, falsifications, misstatements, or misrepresentations in this ~pplication may disqualify me for this grant and, if funded, may be grounds for termination at a later date. I understand that any information I give may be investigated as allowed by law. I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. agree that any and all information submitted in this application will become a public document ~ursuant to Section 119.07, F.S. when received by the Florida Bureau of EMS. This includes ~aterial which the applicant might consider to be confidential or a trade secret. Any claim of ;onfidentiality is waived by the applicant upon submission of this application pursuant to Section 19.07,F.S., effective after opening by the Florida Bureau of EMS. II accept that in the best interests of the State, the Florida Bureau of EMS reserves the right to reject or revise any and all grant proposals or waive any minor irregularity or technicality in proposals received, and can exercise that right. Il, the undersigned, understand and accept that the Notice of Matching Grant Awards will be advertised in the Florida Administrative Weekly, and that 21 days after this advertisement is published I waive any right to challenge or protest the awards pursuant to Chapter 120, F.S. certify that the cash match will be expended between the beginning and ending dates of the rant and will be used in strict accordance with the content of the application and approved budget for the activities identified. In addition, the budget shall not exceed, the department, approved funds for those activities identified in the notification letter. No funds count towards satisfying this grant if the funds were also used to satisfy a matching requirement of another state grant. All cash, salaries, fringe benefits, expenses, equipment, and other expenses as listed in this application shall be committed and used for the activities approved as a part of this grant. Acceptance of Terms and Conditions: If awarded a grant, I certify that I will comply with all of the above and also accept the attached grant terms and conditions and acknowledge this by signing lelow. Signature of Authorized Grant Signer (Individual Identified in Item 2) DH Form 1767, Rev. June 2002 / / MM/DD/YY 11 i Agenda~ ~tem~ i FLORIDA DEPARTMENT OF HEALTH EMS GRANT PROGRAM REQUEST FOR GRANT FUND DISTRIBUTION In accordance with the provisions of Section 401.113(2)(b), F. S., the undersigned hereby requests an EMS grant fund distribution for the improvement and expansion or continuation of 9re-hospital EMS. )OH Remit Payment To: Name of Agency: Mailing Address: Collier County EMS 3301 Tamiami Trail East Building H Naples, FL 34112 Federal Identification Number 59 6000558 Authorized Agency Official: Signature Date , Chairman Type Name and Title Sign and return this page with your application to: Florida Deparlment of Health BEMS Grant Program 4052 Bald Cypress Way, Bin C18 Tallahassee, Florida 32399-1738 Do not write below this line. For use by Bureau of Emergency Medical Services personnel only Grant Amount For State To Pay: $ Grant ID Code: Approved By: Signature of EMS Grant Officer State Fiscal Year: - Date Orqanization Code E.O. OCA Obiect Code_ 64-25-60-00-000 N_ N2000 7 Federal Tax ID: Grant Beginning Date: Grant Ending Date: DH Form 1767P, Rev. June 2002 .' ;,.-r,: ,::..'; ::.?. ~.:, ,.' .... ~. ~:?.! .;~:;; ....... ~2 JAN 1 q 2003 Rack Pack 2 total 6 AED 1,500 1,50¢ Rack Pack Cove[ 0 ,Clipboard 31 .~ 31.5 Left Side Pannie.r 0 BaR I 0 2 Surgi Pads 0.14 0.28 4x4's 0.08 0.32 2 cravats 0.2 0.4 red bags 0.01 0.02 1" bandaids 1.46 1.46 [ape 1" 0.72 1.44 [ape 2" 1.44 2.88 1 sam splint 7.32 7.32 3a,cI 2 0 2 cold packs 0.33 0.66 ~eroxide 1 1 BaR 3 C Non rebreather mask 0.79 1.58 Nasal Cannula 0.28 0.56 Pedi Mask 0.45 0.9 Nebulizer 0.71 1.42 Trauma Dressing 1.02 2.04 Left Rear Compartment 0 Paramedic Scissors 0.9 0.9 Hand Sanitizer 0.95 0.95 RiRht Side Pannier 0 BaR 1 0 2 saline 1.06 2.12 LR 1.17 2.34 2 mini drips 1.17 2.34 2 macro drips 0.9 1 .l 2 venigards 28.99 28.99 4x4's If 1.46 1.46 bandaids 1.46 1.46 alcohol preps 0.7 0.7 2 tourniquets 0.06 0.12 2 - 20 ga jelcos 1.82 3.64 2 - 16 ga jelcos 1.82 3.64 D50 1.7 1.7 Narcan 8.9 8.9 Nitro 26 26 Thiamine 0.95 0.95 Aspirin 0.81 0.81 2 Alupent 0.25 0.5 2 - 12cc syringes 0.09 0.18 13 No,,_/~. L? J4, N 1 2003 ;'2 - I cc syringes 0.07 O. 14 2 - 18 ga needles 0.03 0.06 BaR 3 0 BP cuff 10.26 10.26 stethoscope 2.95 2.95 penlight 10.26 10.26 RiRht Pannier Cove,r, 0.69 0 Burn Sheets 0.82 0.82 Riflht Rear Compartment, 0 total 1667.77 14 LIER Emergency Medical Services Matching Grant Application Fitness Equipment 2003 EMS MA TCHING GRANT APPLICATION FLORIDA DEPARTMENT OF HEAL TH Bureau of Emergency Medical Services Complete all items unless instructed differently within the application Type of Grant Requested: [] Rural [] Matching ID. Code (The State Bureau of EMS will assign the ID Code - leave this blank) Or,qanization Name: Collier County Board of County Commissioners 2. Grant Siqne.r.: (The applicant signatory who has authority to sign contracts, grants, and other legal documents. This individual must also sign this application) Name: Position Title: Chairman, Collier County Board of County Commissioners Address: 3301 Tamiami Trail East City: Naples I County: Collier State: Florida Zip Code: 34112 Telephone: 239-774-8459 Fax Number: E-Mail Address: 3. Contact Person: (The individual with direct knowledge of the project on a day-to-day basis and responsibility for the implementation of the grant activities. This person may sign project reports and may request project changes. The signer and the contact person may be the same.) Name: Diana Watson Position Title: Captain Grants/Budget Address: 3301 Tamiami Trail East Building H City: Naples State: Florida -!ounty: Collier ip Code: 34112 ax Number: 239-774-4454 ~hone: 239-774-8597 E-mail Address: dianawatson~.net DH Form1767, Rev. June 2002 Agendm Item -~, JAN ! 4,2003 Le.qal Status of Applicant Or.qanization (Check only one response): (1) [] Private Not for Profit [Attach documentation-501 (3) ©J (2) [] Private For Profit (3) [] City/Municipality/TownNillage (4) [] County (5) [] State (6) [] Other (specify): 5. Federal Tax ID Number (Nine Di.qit Number). VF 59 6000558 6. EMS License Number: 2090 Type: []Transport []Non-transport C~Both 7. Number of permitted vehicles by type: BLS 32 ALS Transport 3 ALS non-transport. 8. Type of Service (check one): []Rescue []Fire [~]Third Service (County or City Government, nonfire) i-lAir ambulance: []Fixed wing F'~Rotowing []Both []Other (specify) 9. Medical Director of licensed EMS provider: If this project is approved, I agree by signing below that I will affirm my authority and responsibility for the use of all medical equipment and/or the provision of all continuing EMS education in this project. [No signature is needed if medical equipment and professional EMS education are not in this project.] Signature: Date: Print/Type: Name of Director Dr. Robert B. Tober, MD FACEP FL Med. Lic. No. ME00030891 Note: AI._Jl organizations that are not licensed EMS providers must obtain the signature of the medical director of the licensed EMS provider responsible for EMS services in their area of operation for projects that involve medical equipment and/or continuing EMS education. (A) Problem Description Collier County Emergency Medical Services (EMS) has been facing an increase in workman's compensation costs over the last two years. It is the goal of Collier Coun~ EMS to lower the mtmber of injuries to our personnel, as well as the cost of workman's compensation. The following table identifies the cost of claims and lost xvork days during fiscal years 2001 and 2002. Cost of Claims and Lost Workdays in Collier County. Emergency Medical Services Number of Lost Total Cost Number of Workman's Lost and Work of Claims Time Frame Traumatic Comp Claims Restricted Days and Lost Injuries (Cost in $) Work Days (Cost in $) Workdays* 18 (includng 324 lost $71,466 $123,861 10/1/2000- 9/30/2001 11 back $52,395 658 restricted injuries) 21 (including 9 108 lost $454,655 $509,579 10/1/2001 - 9/30/2002 back injuries) $54,924 I 704 restricted ......... ~-h~ elr~t ~ ~n~r~l ner~c)nnel * Figures reflect the additional cost of overtime necessary to cover When assessing both years, there were fifteen injuries stemming from lifting patients or trying to access patients. While the cost ofworkman's compensation claims have not increased significantly over the last two years, there were still many injuries that may have been avoided if Collier County EMS personnel had been more physically fit. In a recent article in the Journal of Emergency Medical Services, by Kim Oriole, she discusses a new study that was printed in the Annals of Emergency Medicine_, titled "Occupational Fatalities in Emergency Medical Services: A Hidden Crisis" focuses on how many Paramedics and EMT's were killed on the job between 1992-1997. It was found that there were 12.7 fatalities per 100,000 EMS workers. Police fatality rates are 14.2, and firefighters are 16.5 for the same time frame. Oriole's synapse of the study discloses that researchers were unable to verify the total number of deaths because there is no national database to research the information from. The 114 deaths they did find is a conservative number according to the article. (B) Present Situation It is exactly this kind of research as well as the number and cost ofworkman's compensation claims in Collier County EMS that propelled the physical fitness program to be created. The number of injuries at Collier County EMS has become costly not only financially, but it also is difficult on the personnel who are ih ured. Ag~ndp/~em JAN In an effort to combat the rising number of injuries, a physical fitness work group was formed to investigate the most efficient and productive ways to encourage employees to stay physically fit, while also reducing workman's compensation claims. This group established standard criteria based on nationally accepted physical fitness criteria. In August 2002, Collier County EMS began physical fitness testing. This testing included a written wellness evaluation, a cholesterol check, a blood sugar evaluation, a blood pressure evaluation, a physical evaluation, and a Tuberculosis screen. This was not a mandatory set of evaluations and employees could participate in the tests of their choice. This program will reoccur every six months in order to help the participants stay focused on their physical .fitness goals. A total of 106 out of 150 personnel completed the fitness evaluation according to Marilyn Hamachek, Collier County Wellness Nurse. Collier County EMS spent $4,863.75 to purchase the software for the wellness portion of the physical fitness program and there is a monthly newsletter distributed to the personnel that discusses safety and health issues. By integrating the wellness portion with the physical fitness program, the goal is to raise the overall physical fitness level of our personnel. Collier County is committed to this program and intends to continue in years to come. Also, in an effort to ensure that new empoyees are physically capable of performing their jobs, we have devised a pre-employment fitness test. This test evaluates not only strength of the individual, but also their skill at transporting a patient down three flights of stairs. This is important because this is reality based instead of purely about strength. The goal is to keep the new personnel motivated to stay physically fit and motivate other personnel. Currently, when EMS personnel want to workout they either workout at the fire department's gym or wait until they are off duty. Unfortunately, the equipment at the fire departments is not always available or convenient to use. As a result, many personnel lose their motivation to continue to workout. The Collier County Risk Management Department provides mats to lie on while employees work out, as well as, posters showing how to stretch correctly. (C) Proposed Solution The proposed solution to motivate personnel and to make it possible for them to exemise while on duty is to provide fiteness equipment at ewery station, including a treadmill, elliptical machine, or recumbent bike. The reason for three different types of equipment is so that personnel will be able to vary their fitness training. Gary Stagg, Collier County Recreation Specialist recommends these machines to address the common ir with Collier County personnel, such as back injuries and strains. uries that occur JAN 1 (D) Consequences if Not Funded Without State of Florida funding Collier County will be unable to purchase any fitness equipment. This will result in an inability to lower the injuries occurring to personnel, as well as lower the workman's compensation expenditures. Collier County will still maintain its physical fitness program to encourage personnel to work out, but without the equipment the program will not be as successful. (E) Geographic Area Collier County Paramedics and EMT's cover 2,020 square miles. This area includes urban, rural, and remote locations. Personnel are expected to respond without regard for the dangers of their environment. Whether this is walking a half-mile down a beach to access a patient, riding in a boat in rough seas, hiking through the forest to reach a patient, or just carrying a patient down a flight of stairs, it is often difficult and risky to themselves and to the patients they are trying to help. As EMS is a very physical field it is more important than ever that EMS administration start encouraging their personnel to stay physically fit. (F) Data Sources The standards for the physical fitness test are derived from these sources, Personal Trainer Manual, by The American Council on Exercise, Life & Health Tar~etin~ Wellness_, by Marvin R. Levy, Mark Dignan, Janet H. Shirreffs, and The American Council on Martial Arts Instructor Certification, by Cooper Institute of Aerobics Research. All information with regards to the wellness evaluation was obtained from Marilyn Hamachek, Collier County Wellness Nurse, from the Wellsource software. All information pertaining to wor'kman's compensation costs was obtained from Sheree Mediavilla, Risk Manager, Collier County Risk Management Department. "Occupational Fatalities in Emergency Medical Services: A Hidden Crisis", Annals of Emergency Medicine, December 2002. (G) Statement This program has not been funded by a State grant. Agend~ .Item J, N 1 q 2003 Outcome for Other Projects In fiscal year 2002 we had nine back injuries and eleven other trauma based injuries. When assessing the year there were twelve injuries stemming fi.om lifting patients or trying to access patients. From October 1, 2001 to July 31,2002 workman's compensation claims totaled $54,924.24 with 94 lost workdays and 555 restricted work days, that cost Collier County $207,351.00. The total cost for these injuries was $262,275.24; this does not include the overtime paid to cover the slot left open by the injured person. If the overtime is calculated on what it costs to fill the position for 649 days it cost $363,388.08. So the total cost of 2002 would be $625,663.32. This cost could be lowered with a rigorous physical fitness program. That is why our employees are re-evaluated every six months to keep up with their progress and to keep them motiYated. The final step in ensuring that the injuries in our department decrease is to provide fitness equipment. After the project comes on-line the expected result is that injuries will be lowered because of increased fitness and health awareness. It is important to note that the purchase of fitness equipment is the final step in an already operating physical fitness program. By maintaining contact with personnel with regards to fitness and their overall health it is expected that maintaining their fitness will become the norm. Also, with 106 personnel out of 150 participating in this program it is believed that peer pressure will come into play and motivate other individuals to participate. There was a great deal of thought put into the entire physical fitness program to ensure the success of the program. So far it has been well received from the personnel. The next testing will occur in February 2003, and then we will have data to compare to the first set. The data is important to be able to monitor if the program is working and will give indications of what needs to be done to improve it. The five-year plan for this program is to reduce the injuries to our personnel by twenty percent. We are using the Physical Fitness Program as the launching point for that goal. With such a large reduction it would enable our department to offer incentives, like, free gym memberships. 16. Work activities and time frames: Indicate the major activities for completing the project (use only the space provided). Be reasonable, most projects cannot be completed in less than six months and if it is a communications project, it will take about a year. Also, if you are purchasing certain makes of ambulances, t takes at least nine months for them to be delivered after the bid is let. Work Activity Number of Months After Grant Starts Put bid out Order machines 1'rain personnel on use of equipment Begin use of equipment and monitor results 'otal project will be completed within nine months Begin End When notification occurs 60 days At 60 days by 120 days Jpon receipt of equipment 30 days later After training is completed 17. County Governments: If this application is being submitted by a county agency, describe in the space below why this request cannot be paid for out of funds awarded under the state EMS county grant program. Include in the explanation why any unspent county grant funds, which are now in your county accounts, cannot be allocated in whole or part for the costs herein. These funds cannot be used out of the County grant because we have already allocated the County Grant funds for other training and equipment costs. DH Form 1767, Rev. 2002 7 Agende ]~tem~ ~o._/_~,D ~ JAN 1 Zm 2003 18. Bud,qet: Salaries and Benefits: For each Costs Justification: Provide a brief justification position title, provide the amount of why each of the positions and the numbers salary per hour, FICA per hour, of hours are necessary for this project. fringe benefits, and the total number of hours. TOTAL: Expenses: These are travel costs Costs: List the price Justification: Justify why each of the and the usual, ordinary, and and source(s) of the expense items and quantities are incidental expenditures by an price identified, necessary to this project. agency, such as, commodities and supplies of a consumable nature, excludin.q expenditures classified as operating capital outlay (see next category). TOTAL: $ DH Form 1767, Rev. 2002 ~Vehicles, equipment, and other Costs: List the price Justification: State why each of the items operating capital outlay means of the item and the and quantities listed is a necessary equipment, fixtures, and other source(s) used to component of this project. tangible personal property of a non identify the price. consumable and non expendable nature, and. the normal expected life of which is 1 year or more. 7 Elliptical Machines $4,095.00/machine This machine helps work out leg and back $28,665.00 muscles. 4 Treadmills $4,495.00/machine This machine will help with overall $17,980.00 endurance of the employee. 4 Recumbent Bikes $1,995.00/machine This machine also works on back and leg $7,980.00 muscles. TOTAL: $$56,285.00 t State Amount (Check applicable program) [] Matching: 75 Percent [] Rural: 90 Percent Local Match Amount (Check applicable program) [] Matching: 25 Percent [] Rural: 10 Percent Grand Total $ 42,213.75 $ $ 14,071.25 $ $_56,285.00 DH Form 1767, Rev. 2002 9 19. Certification: My signature below certifies the following. am aware that any omissions, falsifications, misstatements, or misrepresentations in this application may disqualify me for this grant and, if funded, may be grounds for termination at a ater date. I understand that any information I give may be investigated as allowed by law. I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in 9ood faith. agree that any and all information submitted in this application will become a public document }ursuant to Section 119.07, F.S. when received by the Florida Bureau of EMS. This includes 'naterial which the applicant might consider to be confidential or a trade secret. Any claim of ;onfidentiality is waived by the applicant upon submission of this application pursuant to Section 19.07,F.S., effective after opening by the Florida Bureau of EMS. accept that in the best interests of the State, the Florida Bureau of EMS reserves the right to · eject or revise any and all grant proposals or waive any minor irregularity or technicality in }roposals received, and can exercise that right. the undersigned, understand and accept that the Notice of Matching Grant Awards will be advertised in the Florida Administrative Weekly, and that 21 days after this advertisement is ~ublished I waive any right to challenge or protest the awards pursuant to Chapter 120, F.S. certify that the cash match will be expended between the beginning and ending dates of the rant and will be used in strict accordance with the content of the application and approved budget for the activities identified. In addition, the budget shall not exceed, the department, approved funds for those activities identified in the notification letter. No funds count towards satisfying this grant if the funds were also used to satisfy a matching requirement of another state grant. All cash, salaries, fringe benefits, expenses, equipment, and other expenses as isted in this application shall be committed and used for the activities approved as a part of this ~rant. Acceptance of Terms and Conditions: If awarded a grant, I certify that I will comply with all of the above and also accept the attached grant terms and conditions and acknowledge this by signing )elow. Signature of Authorized Grant Signer (Individual Identified in Item 2) DH Form 1767, Rev. June 2002 / / MM/DD/YY 10 FLORIDA DEPARTMENT OF HEALTH EMS GRANT PROGRAM REQUEST FOR GRANT FUND DISTRIBUTION In accordance with the provisions of Section 401.113(2)(b), F. S., the undersigned hereby requests an EMS grant fund distribution for the improvement and expansion or continuation of )re-hospital EMS. )OH Remit Payment To: Name of Agency: Collier County EMS Mailing Address: 3301 Tamiami Trail East Buildin,q H Naples, FL 34112 Federal Identification Number 59 6000558 Authorized Agency Official: Signature , Chairman Type Name and Title Sign and return this page with your application to: Do not write below this line. Date Florida Department of Health BEMS Grant Program 4052 Bald Cypress Way, Bin Taflahassee, Florida 32399-1738 For use by Bureau of Emergency Medical Services personnel only Grant Amount For State To Pay: $ Grant ID Code: Approved By: Signature of EMS Grant Officer State Fiscal Year: - Date Orqanization Code E.O. OCA Obiect Code 64-25-60-00-000 N_ N2000 7 Federal Tax ID: VF Grant Beginning Date: Grant Ending Date: DH Form 1767P, Rev. June 2002 2003 CLIER Emergency Medical Services Matching Grant Application Community Event Supplies 2003 EMS MATCHING GRANT APPLICATION FLORIDA DEPARTMENT OF HEALTH Bureau of Emergency Medical Services Complete all items unless instructed differently within the application Type of Grant Requested: [] Rural [] Matching ID. Code {The State Bureau of EMS will assign the ID Code - leave this blank) 1. Or,qanization Name: Collier County Board of Commissioners 2. Grant Si.qner: (The applicant signatory who has authority to sign contracts, grants, and other legal documents. This individual must also sign this application) Name: Position Title: Chairman, Collier County Board of Commissioners Address: 3301 Tamiami Trail East Building F I County: Collier Zip Code: 34112 Telephone: Fax Number: E-Mail Address: 3. Contact Persoq: (The individual with direct knowledge of the project on a day-to-day basis and responsibility for the implementation of the grant activities. This person may sign project reports and may request project changes. The signer and the contact person may be the same.) Name: Diana Watson Position Title: Captain, Grants/Budget City: Naples State: Florida Address: 3301 Tamiami Trail East Building H City: Naples State: Florida Telephone: 239-774-8597 tCounty: Collier Zip Code: 34112 Fax Number: 239-775-4454 E-mail Address: dianawatson@colliergov.net DH Form 1767, Rev. June 2002 AgCnd~ ~.tem JAN 1 2003 4. Leqal Status of Applicant Or.qanization (Check only one response): (1) [] Private Not for Profit [Attach documentation-501 (3) ©J (2) [] Private For Profit (3) [] City/MunicipalityFFownNillage (4) [] County (5) [] State (6) [] Other (specify): 5. Federal Tax ID Number (Nine Diqit Number). VF 59 6000558 6. EMS License Number: 2090 Type: E]Transport []Non-transport [~Both 7. Number of permitted vehicles by type: BLS 32 ALS Transport 3 ALS non-transport. 8. Type of Service (check one): []Rescue []Fire [~]Third Service (County or City Government, nonfire) r-]Air ambulance: [--]Fixed wing []Rotowing I-~Both I-]Other (specify) 9. Medical Director of licensed EMS provider: If this project is approved, I agree by signing below that I will affirm my authority and responsibility for the use of all medical equipment and/or the provision of all continuing EMS education in this project. [No signature is needed if medical equipment and professional EMS education are not in this project.] Signature: Date: Print/Type: Name of Director Robert B. Tober, MD FACEP FL Med. Lic. No. ME00030891 Note: AI._.[I organizations that are not licensed EMS providers must obtain the signature of the medical director of the licensed EMS provider responsible for EMS services in their area of operation for projects that involve medical equipment and/or continuing EMS education. Justification Snmmary (A) Problem Description For the past six years Collier County Emergency Medical Services (EMS) has been committed to participating in and hosting community events and special events for the residents of Collier County. The reason that these programs were started was because of the lack of recognition Colleir County EMS had among the public, as well as an effort to try to bring more health information to the public. Many members of the public believed that Collier County EMS was a division of the fire departments. There is a large contingent of the public that are residents of northern states, where fire departments and emergency medical services are normally one department. This was causing an identity crisis in our department. The decision was made to start a program that would put our department in the public eye as much as possible. These programs have made Collier County EMS more visable while also engendering a trusting relationship with the public. Every month paramedics and EMT's are required to go out into the community and interact with the public. Sometimes the interaction involves ta 'king blood pressures or 12 leads electrocardiograms. Other times it involves simply distributing information about health issues or speaking at a community meeting. This program has increased the visibility of Collier County EMS, while also providing the public with much needed information about emergency services. In addition to their monthly community events our personnel may also participate in special events as requested by members of the public. Training offered includes Automatic External Defibrillator training, Cardiopulmonary Resuscitation training and others. Special events such as golf tournaments, tennis matches, or other events involve larger crowds, sometimes as large as five hundred people. Collier County EMS wants to expand the type of educational and information materials that are offered to the public. By providing children with coloring books and crayons that are specific to Collier County EMS it will enable children to understand that the ambulance is not frightening and may lend itself to children viewing EMS much as they view firefighters and fire trucks. These types of supplies also give the public a constant reminder of their EMS system by looking at the pencil in their hand, or the magnet on the refrigerator explaining when to call 911. Collier County's goal is to have every person within the County aware of EMS and what we do. By providing these types of supplies to the public we can ensure that we do that. There has been a lack of funds for this program for the past two years due to budget constraints. It is our goal to purchase these supplies and revive this I 3 ..[ providing materials that will remind the public about Collier County EMS and the emergency services that we provide. (B) Present Situation In order to provide the residents of Collier County accurate and updated information concerning issues like stroke, heart attacks, or other health issues, our community events coordinator has been very active in pursuing free information from State of Florida agencies and other healthcare organizations, like the American Heart Association and Red Cross. While that information is helpful, it is often limited and does not provide the specific information that Collier County EMS feels would benefit the community. Currently, we hand out the information that we have obtained for free. The second part of our community event program is our robotic ambulance (can you insert a small photo???, with kids preferably?), which can talk and move by remote. Approximately, ten years ago the Ford Company donated our current robotic ambulance. Time has unfortunately taken its toll on this machine and it now needs to be replaced. The robotic ambulance is used at job fairs, health fairs, school community events, and many other events. It is quite popular with children who find it fun to listen to an ambulance tell it how to call 911 or when they should call 911. This is one of our most popular items at special events. (C) Proposed Solution In an effort to expand our program to promote EMS and its mission we would like to upgrade the quality of our presentations. In conjunction with this effort, we have re-designed our brochure and have new copies that will go to the public this month. If this project is funded it will give a new depth to our public information capabilities. We will be able to purchase supplies that will remind the public about our organization and its goals. With 1,386 community events and 156 special events per year, this is a unique and innovative approach to maintaining contact with the public, while also educating larger groups about emergency medical services. As budgetary constraints become tighter it will become even more important to maintain close contact with the public so that we can preserve' our budget. (D) Consequences If Not Funded If this project is not funded Collier County EMS will still remain committed to providing the same number of community events a year. We will continue to provide the information that we can receive free for health I Agenda, I JAN 1 q2003 authorities, as well as performing health checks for blood pressure, blood sugar, 12 leads, and other checks. It is an important part of our mission to serve the public; this grant will help improve our current program. (E) Geographic Area Collier County is approximately 2,020 square miles, which makes accessing health information a challenge. Our public education program is intended to reach as many Collier County residents as possible. All residents within Collier County have the ability to attend our community events as they are held all over the County. There are less affluent places within Collier County, such as, Everglades City and Immokalee where our Paramedic crews are the only medical professionals that people go to for health advice. (F) Time Frame The supplies would be put into the ambulances as soon as they are received from the supplier. Delivery should occur within one month of ordering. The supplies xvill be used for the next twelve months for all community events and special events. (G) Data Sources All data provided concerning the number of special events was provided by Lt. Juan Ortega, who is in charge of special events from the Collier County database of EMS 2000 so~vare. The number of community events is based on the union contract currently in place between the Collier County Board of Commissioners and the Southwest Florida Professional Firefighters and Paramedics, Local 1826. Captain Noemi Fraguela, AED Coordinator, provided AED Statistics. (H) Statement This proposal is not a duplication of any previous grant requested by Collier County EMS. 5 JAN 1 q 2003 Outcome for Training Projects While we do not count how many people are at each community and special event, Collier County's best estimate for October 1,2001 through September 31, 2002 is approximately 15,000 people that have been positively impacted bythis program. The community events can range from five to one hundred people and the special events are normally over five hundred people. As Collier County's population grows the amount of people impacted will increase. Unfortunately, there are no projections as to how much of an increase will occur. One of Collier County's community event programs is the AED/CPR training. From October 1, 2001 through September 31, 2002 our department trained 1078 individuals in AED/CPR. As the Collier County Ordinance requires all sites that own an AED to train yearly and we have added 30 sites in fiscal year 2002, and it is projected that there will be a ten percent increase in attendance according to AED Coordinator Captain Noemi Fraguela. The community event/special event program not only provides training and education to the public it also promotes a trusting relationship between the Paramedics and the public. It is expect that there will be a twenty percent increase in the number of people who participate in the community event program and special event program. The five-year plan is based on Collier County EMS being able to increase the public's exposure to EMS and our programs by twenty percent every year. While this is an ambitious goal it is also attainable due to the grov~q:h in Collier County. There are plans to increase the types of programs that fall under community events. Public information and training are one of our most important objective beside patient care. The community event/special event programs are important to the public, so they are important to Colleir County EMS. Drder supplies Distribute supplies 16. Work activities and time frames: Indicate the major activities for completing the project (use only the space provided). Be reasonable, most projects cannot be completed in less than six months and if it is a communications project, it will take about a year. Also, if you are purchasing certain makes of ambulances, it takes at least nine months for them to be delivered after the bid is let. Work Activity Number of Months After Grant Starts Begin End When grant is received 30 days When order is received at completion of grant 17. County Governments: If this application is being submitted by a county agency, describe in the space below why this request cannot be paid for out of funds awarded under the state EMS county grant program. Include in the explanation why any unspent county grant funds, which are now in your county accounts, cannot be allocated in whole or part for the costs herein. We have already allocated our funds for FY03 for ALS training and equipment. DH Form 1767, Rev. 2002 8 18. Bud,qet: Salaries and Benefits: For each Costs Justification: Provide a brief justification position title, provide the amount of why each of the positions and the numbers salar7 per hour, FICA per hour, of hours are necessary for this project. fringe benefits, and the total number of hours. TOTAL: Expenses: These are travel costs Costs: List the price Justification: Justify why each of the and the usual, ordinary, and and source(s) of the expense items and quantities are incidental expenditures by an price identified, necessary to this project. agency, such as, commodities and supplies of a consumable nature, excluding expenditures classified as operating capital outlay (see next categow). Coloring Books $3,700.00 10,000 coloring books will enable our Paramedics to promote safety and EMS at school events. Crayon Packs $2,500.00 11,520 crayons to accompany the coloring books Pencils $1,600.00 10,000 pencils to promote EMS at community and special events Shield Stickers $400.00 10,000 stickers to give to children Magnets $900.00 10,000 magents that have 911 on them in case of an emergency TOTAL: $9,100.00 DH Form 1767, Rev. 2002 9 Vehicles, equipment, and other Costs: List the price Justification: State why each of the items operating capital outlay means of the item and the and quantities listed is a necessary equipment, fixtures, and other source(s) used to component of this project. tangible personal property of a non identify the price. consumable and non expendable nature, and the normal expected life of which is 1 year or more. TOTAL: State Amount (Check applicable program) [] Matching: 75 Percent [] Rural: 90 Percent Local Match Amount (Check applicable program) [] Matching: 25 Percent [] Rural: 10 Percent Grand Total $__$6,825.00 $ $_2,275.00 $ $ 9,100.00 DH Form 1767, Rev. 2002 10 Ag end v~, IKem ,o._/? D .,_~- JAN 1 q 2003 ~ [19. Certification: [My signature below certifies the following. am aware that any omissions, falsifications, misstatements, or misrepresentations in this i ~pplication may disqualify me for this grant and, if funded, may be grounds for termination at a later date. I understand that any information I give may be investigated as allowed by law. I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. agree that any and all information submitted in this application will become a public document )ursuant to Section 119.07, F.S. when received by the Florida Bureau of EMS. This includes naterial which the applicant might consider to be confidential or a trade secret. Any claim of ;onfidentiality is waived by the applicant upon submission of this application pursuant to Section 19.07,F.S., effective after opening by the Florida Bureau of EMS. II accept that in the best nterests of the State, the Florida Bureau of EMS reserves the right to reject or revise any and all grant proposals or waive any minor irregularity or technicality in proposals received, and can exercise that right. I, the undersigned, understand and accept that the Notice of Matching Grant Awards will be I ~dvertised in the Florida Administrative Weekly, and that 21 days after this advertisement is )ublished I waive any right to challenge or protest the awards pursuant to Chapter 120, F.S. certify that the cash match will be expended between the beginning and ending dates of the rant and will be used in strict accordance with the content of the application and approved budget for the activities identified. In addition, the budget shall not exceed, the department, approved funds for those activities identified in the notification letter. No funds count towards satisfying this grant if the funds were also used to satisfy a matching requirement of another state grant. All cash, salaries, fringe benefits, expenses, equipment, and other expenses as listed in this application shall be committed and used for the activities approved as a part of this grant. Acceptance of Terms and Conditions: If awarded a grant, I certify that I will comply with all of the above and also accept the attached grant terms and conditions and acknowledge this by signing ,elow. Signature of Authorized Grant Signer (Individual Identified in Item 2) IH Form 1767, Rev. June 2002 / / MM/DD/YY 11 Agend~ I.~m ,-~ ! JAN FLORIDA DEPARTMENT OF HEALTH EMS GRANT PROGRAM REQUEST FOR GRANT FUND DISTRIBUTION In accordance with the provisions of Section 401.113(2)(b), F. S., the undersigned hereby requests an EMS grant fund distribution for the improvement and expansion or continuation of ~re-hospital EMS. DOH Remit Payment To: Name of Agency: Collier County EMS Mailing Address: 3301 Tamiami Trail East Building H Naples, FL 34112 Federal Identification Number 59 6000558 Authorized Agency Official: Signature Date , Chairman Type Name and Title Sign and return this page with your application to: Florida Department of Health BEMS Grant Program 4052 Bald Cypress Way, Bin C'18 Taflahassee, Florida 32399-1738 Do not write below this line. For use by Bureau of Emergency Medical Services personnel only Grant Amount For State To Pay: $ Grant ID Code: Approved By: Signature of EMS Grant Officer State Fiscal Year: - Organization Code E.O: OCA Obiect Code 64-25-60-00-000 N_ N2000 7 Date Federal Tax ID: VF Grant Beginning Date: Grant Ending Date: DH Form 1767P, Rev. June 2002 ,~, is ~an t~.-; ou,-~t;' Attorr',os, 12 EXECUTIVE SUMMARY APPROVAL TO AWARD BID # 03-3452 "PURCHASE AND INSTALLATION OF ADVANCED IMAGING OVERSIZED TUNNEL CAPACITY X-RAY INSPECTION SYSTEM" TO HEIMANN SYSTEMS CORP. IN THE AMOUNT OF $39,203. OBJECTIVE: To award Bid # 03-3452 "Purchase and Installation of Advance Imaging Oversized Tunnel Capacity X-Ray Inspection System" to Heimann Systems Corp. to prevent prohibited items from being brought into the Collier County Courthouse. CONSIDERATION:The Department of Facilities Management is responsible for providing security for Collier County facilities including the County Courthouses in Naples and Immokalee. As part of Courthouse security, X-Ray machines are used extensively to detect guns, knives, explosives and other dangerous weapons. The X-ray machine stationed at the Immokalee Courthouse has met its useful life and is in need of replacement. On November 15, 2002, the Purchasing Department opened solicited bids for an "Advanced Imaging Oversized Tunnel Capacity X-Ray Inspection System". Two vendors responded, Heimann Systems Corp. and Control Screening Inc. Of the two vendors, Heimann Systems Corp. was selected as the best-qualified and most responsive bidder. According the bid tabulation sheet (attached) Heimann Systems, Corp. met all 32-system specifications as compared to Control Screening Inc. who only met 27 of the 32. As the most responsive bidder, Department staff is recommending Heimann Systems Corp. be awarded the bid for purchase and installation of an "Advanced Imaging Oversized Tunnel Capacity X-Ray Inspection System". FISCAL IMPACT: The purchase price, including installation, of the Heimann X-Ray Inspection System is $39,203. Funds are budgeted in the Facilities Management Security Section cost center. GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan. RECOMMENDATION: That the Board award Bid # 03-3452 "Purchase and Installation of the Advanced Imaging Oversized Tunnel Capacity X-Ray Inspection System" to Heimann System Corp. as addressed within this summary. .o.Z~-.-~- / ,,. JAN 1 q 2003 Executive Summary Bid # 03-3452 Award Page 2 Prepared By: ~"~~ ~~--~ ~ /'Dennis J. Nol~ln, Lieutenant, Government Security Department of Facilities Management Reviewed By: sI~p Camp, CFM, Direc Department of Facilities Management Stexen Y. Carnell, Director Purchasing Department Approved By: Jo-Anne Varcoe-Leamer, Administrator Administrative Services Division Date: Date: Date: Date: Attachment: Bid Tabulation Sheet JAN ZOO3! oo EXECUTIVE SUMMARY APPROVE AMENDMENT NO. 1, PHASE 2 FOR ARCHITECTURAL SERVICES FOR THE DESIGN OF THE COURTHOUSE ANNEX, RFP # 00-3173 IN THE AMOUNT OF $435,354.00. ~ To approve Amendment No. 1, Phase 2 of RFP # 00-3173, for the design of the Courthouse Annex and necessary on grade parking. CONSIDERATIONS: On June 6, 2001, the Board approved RFP # 00-3173 (Design of the Courthouse Annex)]The Agreement was phased to accommodate available funding: Phase One: Space programming and conceptual design. (Completed 12/20/01) Phase Two: Schematic design, design development, and construction drawings. Phase Three: Bidding and construction of a building consisting of two (2) finished floors and one shell (3 floors) with foundation accommodations for an eventual total height of eight (8) stories. The space programming, accomplished in Phase 1, indicated that an 8 story building consisting of 17,500 sq. ft. per floor would be necessary to accommodate the projected growth of Courthouse support staff. Due to budget constraints, the project will be built in phases. Negotiations with Spillis Candela DMJM resulted in the following total architectural fee for Phase 2 of $435,354.00 which is 5% of the project budget. FISCAL IMPACT: Funds in the amount of $587,200.00 have been set aside from the County Wide Capital Improvement Fund (301) for design of Phase 2. The negotiated fee falls well within the budgeted amount. ~ROWTH MANAGEMENT IMPACT: This request is consistent with the County's Master Space Plan. RECOMMENDATIONS: That the Board of County Commissioners approve Amendment No. 1, Phase 2 of RFP # 00-3173 to Spillis Candela DMJM for the design of the Courthouse Annex and authorize the Chairman to sign an agreement with Spillis Candela DMJM after review by the County Attorney's Office. PREPARED /Jfffk Crognale, ~o'nstr(:ffction Mana~,er epartment of Facilities Management AGE t'~O A I TE,'q ~o./~ -'G'-' ~.. RFP # 00-3173, Addendum No. 1 Page 2 REVIEWED BY: 0- {L~.~ ~ o Charles Carrin~ton, SR/WA Mana=er Department of Facilities Management DATE: · Skip Camp, CFM, Director Department of Facilities Management DATE: REVIEWED BY:. q ~-/'" ~ Stephen'JY. Cam't~ll, Director Purchasing Department DATE: REVIEWED BY: './?]/Pff//('~'~ DATE: Jo-Anne Varcoe-Leamer, CPA, Administrator Administrative Services Division EXHIBIT A-1 Contract Amendment # 1 Design of the Courthouse Annex This amendment, dated ,2002 to the referenced agreement shall be by and between the parties to the original Agreement, Spillis Candela DMJM (to be referred to as "Design Professional") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 00-3 173 "Design of the Courthouse .amncx" In order to continue the services provided for in the original Contract document referenced above, the Design Professional agrees to amend the above referenced Contract as per the Supplemental Authorization Exhibit "Al-Schedules A, B, and C" attached to this Amendment and incorporated herein by reference. Amendment #1, Schedule C, sub-parts 1.b, 2 and 3 hereby establishes the Schematic Design Phase submittals as specified therein; the last of which is to be completed within 325 calendar days from the date Owner authorizes Design Professional to commence the Schematic Design Phase. The Design Professional agrees that this amends the original Contract and that the Design Professional agrees to complete said services in the amount of Four hundred and thirty-five thousand, three hundred and fifty-four dollars (54.o.3>4.0() as per Exhibit "A 1 -Schedules A. B, and C". All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Design Professional and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. ATTEST: C or~ oryre Secretary/Witness By: ¢-~/3~t ~ Dated: By: Title: Dated: CONSULTANT __Spillis Candela DMJM December 1 l, 2002 ATTEST: D~vight E. Brock, Clerk Approved as to form and Legal sufficiency: Assist~nt Co'~unty A~')~~ CORPORATE SEAL OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORDA By: James N. Coletta, Chairman JAN 1 q 2003 AMENDMENT #1 SCHEDULE A SCOPE OF SERVICES 1. Description of Project: 1.1. The proposed Courthouse Annex will be designed in three phases. Phase 1 will be made up of Programming and conceptual design, Phase 2 will consist of preliminary design, final design and construction documents and Phase 3 will consist of the bidding or buyout bv the construction manager and construction administration. 1.1.1 Amendment ;/1 reduces the Scope of Work from an 8 story building to a 3 story building with two finished floors and one unfinished shell. Fee Schedule B and Design Schedule C have been revised to reflect the reduction in the Scope of Work. Phase 1 1.2. Programming-- BUilding Needs (Work completed) 1.2.1 1.2.2 Review existing Master Plan concept. Conduct on-site meetings with User Groups including, but not necessarily limited to the following: State Attorney Public Defender County Clerk Bailiff's Office Sheriff's Office Court Administration Faci[ities Management 1.2.3 Work Product: Written functional space program identifying current and future staffing, furniture, equipment andsystems needs. 1.3. Programming -- Parking Structure 1.3.1 1.3.2 T#627574.1 060401 4:11 PM (Work completed) Review existing Master Plan concept; and up-date same with status of current projects. Review v~hicle and pedestrian traffic impact regarding on-site roadways resulting from: JAN 1 2O 1.3.3 First, construction of Courthouse Annex. Second, the concentration of traffic caused by the construction of the Phase 1 parking garage. Traffic impact on off-site roadways is excluded herein. Phase 2 1.4, 1.5. Schematic Design - Building Needs 1.4.1 Broad scope design concept to include the following: Code comp_liance review. Location of building annex and relationship to existing building. (site is just West of existing Courthouse) - Site plan showing relationship to surrounding buildings and roa(]ways. - Floor plans showing functional relationships of departments, but stopping short of the resolution of all construction details. - Occupancy p_hasing - Exterior building elevations showing the aesthetic image of the proposed addition and existin~ building, but stopping short of the resolution of all construction c~etails. - Definition of building systems including mechanical, electrical and communication systems. 1.4.2 Construction schedule recommendations. 1.4.3 Construction cost estimates. Schematic Design - Parking on grade 1.5.1 Broad scope design concept to include the following, but to stop short of construction details: Functional concept. Site location and general relationship to existing and planned facilities. General aesthetic appearance of parking area on grade. 1.6. Phase 2 1.6.1 T#627574.1 060401 4:11 PM (design) Will consist of the following: The design Professional shall utilize the owners Vertical standards furnishec~ by the owner to ascertain the requirements of the project and shall.confirm in writing with the owner its understanding of those requirements. JAN 1 2003 ,% 21 2.1. 1.6.2 Submit the Design Development to the Owner for Owner's review and approval. 1.6.3 1.6.4 Provide final calculations, Construction Documents and Specification for Owner. Prepare and file all applications, data and Documents required to obtain the approval of all authorities having jurisdiction over the Project. Phase 3 1.6.5 Assist the Owner and Construction manager in evaluating bids for each subcontract trade package and in preparing and awarding subcontracts for each bid package: 1.6.6 1.6.7 Processing, review, approval and distribution of shop drawings, ?roduct c~ta, samples, substitutions and other submittals required by the Construction Documents. Construction Field Observations Services consisting of visits to the Project site as appropriate for the stage of construction, but not less that once a week. 1.6.8 1.6.9 1.6.10 1.6.11 1.6.12 1.6.13 Prepare Certificate of Payment for payment to the Construction Manager. Review all claims for extra payment or extension of time by the Construction Manager. Conduct final inspections and assist Owner in final acceptance of the Project. Assist the Construction Manager in the establishment by the Owner of programs of operation and maintenance of the physical plant and equipment. Assist the Owner and Construction Manager in the training of the facility operation and maintenance personnel in proper operations, schedule's, procedures and maintenance inventory s~:hed6le. Additional services as may be necessary and appropriate. 2. CM Selection Phase: The Design Professional shall assist the Owner with respect to the Owner's selection of a Construction Manager for the Project. That assistance shall include, but not be limited to, reviewing and commenting upon proposed candidates, attending meetings and'interview sessions with respect to the selection of a Construction Manager and assisting in the development and award of the contract between the Owner and the Construction Manager. 14 ~- ~- T#627574.1 060401 4:11 PM JAN 1 :~ ~.~3- 3.1 3. Schematic Design Phase: Based upon the program, as finally approved by Owner and Design Professional, and after taking into consideration the comments and recommendations from the Construction Manager, the Design Professional shall prepare, for approval by the Owner, Schematic Design documents consisting of two (2) sets of drawings and other documents illustrating the scale and relationship of the Project components. The Owner's acceptance of the Schematic Design documents in no way relieves the Design Professional of its obligation to deliver complete and accurate documents necessary for successful construction of this Project. 3.2° The Design Professional's final Schematic Design submittal and presentation T#627574.1 060401 4:11 PM 23 JAN 1 2C03 shall include, but not be limited to the following: 3.2.1. Total site assessment, drainage and utility study with new and existing buildings, including access roads, parking area, security, and access to other buildings. 3.2.2. Landscape architectural plans. 3.2.3. Site plan indicating finish floor elevation(s). 3.2.4. Floor plan(s). 3.2.5. Elevations. 3.2.6. Building sections. 3.2.7. Typical wall sections. 3.2.8. Gross space tabulations. 3.2.9. 3.2.10. Specification outline. General discussion, recommendations, and schematic plans for all major systems including security, communications, structural, mechanical, plumbing, and electrical with consideration of alternate systems. 3.2.11. Comments concerning Construction Manager's construction cost estimates. 3.2.12. Vertical circulation plans (if building has more than one stow). 3.2.13. Site model with proposed and existing buildings in block form, if. authorized as an additional service. 3.2.14. Comments concerning Construction Manager's overall Project Schedule. 3.3. The Design Professional shall make separate formal presentations during this phase to the Director of Facilities or designate, and the Board of County Commissioners, if required. The Design Professional shall conduct at least one formal presentation at completion of this phase to demonstrate how the Owner's previously subCnitted comments were incorporated into the Design T~62"/574.1 0(~0401 4:11 24 3.4. 4.1. 4,2. Documents. The Design Professional shall submit the Schematic Design documents to the Owner for Owner's review. The Design Professional shall revise the Schematic Design documents as required by the Owner in order to obtain the Owner's written authorization to proceed to the Design Development phase. 4. Design Development Phase: After Owner's review of the Schematic Design documents and issuance of the Owner's written authorization to proceed, the Design Professional shall commence the Design Development Phase services. During the Design Development Phase, Design Professional shall provide the following services: 4.2.1. Develop Design Documents to a level of definitiveness and detail to fix and describe the size and character of the Project which will permit determination of whether the facility can be satisfactorily constructed in all task areas bY all disciplines. 4.2.2. Continue developing the architectural, struct.¢al, mechanical, electrical, security, and other discipline's responsibilities to establish the final scope and details for that discipline's work. 4.2.3. Perform materials research and prepare specifications specific to Project requirements in draft form. 4.2.4. Consult with Construction Manager with respect to (i) the Construction Manager's development of Project construction cost estimates, (ii) the Construction Manager's development of an overall Project schedule and (iii) the Construction Manager's comments and recommendations concerning the Proiect design. 4.2.5. Make a final submittal and presentation to Owner, which shall include, but not be limited to, the following: 4.2.5.1. Landscape architectural design. 4.2.5.2. Site plan indicating the following: 4.2.5.2.1. Finish floor elevations; TCt62757~.! 0~0401 4:1l PM 25 4.2.5.2.2. 4.2.5.2.3. Existing elevations with benchmark and survey data; New topographic elevations to include contour interval lines; 4.2.5.2.4. Existing and new utilities; 4.2.5.2.5. 4.2.5.2.6. New and existing structures; Existing and new roads an61 accesses, including temporary access roads during construction; 4.2.5.2.7. Parking areas with spaces; 4.2.5.2.8. 4.2.5.2.9. 4.2.5.3. 4.2.5.4. Grading and drainage features; Security, including phase security for construction; Building plans in all disciplines for new buildings and remodeling of existing buildings. Exterior building elevations. ,'~, 4.2.5.5. 4.2.5.6. Appropriate sections in all disciplines. Space tabulations, including a. space-by-comparison of the project program. 4.2.5.7. 4.2.5.8. 4.2.5.9. 4.2.5.10. Structural design. Heating, ventilating and air conditioning Systems design, including fixtures and equipment schedule. Electrical system design, including fixture and equipment schedules. Security and communication systems design, including fixture and equipment schedules. 4.2.5.11. Energy analySis report. 4.2.5.12. Vertical circulation plans. T~627574.1 06~01 4:11 PM 26 4.2.5.13. Interior finishes: 4.2.5.13.1. Design and present to the Owner at least two (2) color and finish scheme boards, no greater than 4'x4' nor smaller than 2'x3', including interior colored elevations of the prototypical generic spaces; 4.2.5.13.2. 4.2.5.13.3, Select floor finishes, wall finishes, and ceiling finishes for approval by the Owner; From the selected finishes noted above, produce and provide the necessary specifications for inclusion in the Contract Documents. 4.2.5.14. Exterior finishes: 4.2.5.14.1. Design and present to the Owner at .least two (2) color and finish scheme boards, no greater than 4'x4' nor smaller than 2'x3', including exterior colored elevations of the' prototypical exterior area; 4.2.5.14.2. 4.2.5.14.3. Select wall finishes for approva!~oy the Owner; From the selected finishes noted above,-produce and provide the necessary specifications for inclusion in the Contract Documents. 4.2.5.i 5. Graphic design plans for space identification. 4.2.5.16. 4.2.6. Furnishing layouts for prototypical generic spaces. The Design Professional shall make formal p~esentations during this phase to the Director of Facilities, or designate, and the Collier County Board' of Commissioners, if required. The Design Professional shall conduct at least one formal presentation at completion of this phase to demonstrate how the Owner's previously submitted comments were incorporated into the Design Documents. 4.2.7. Tg6275'~4.1 060481 ~.:11 PM The Design ProfessiOnal shall Submit the Design Development documents to the Owner for Owner's review. The Design Professional shall revise the Design Development documents as required by. the Owner in order to obtain the Owner's written 27 JAH ! ~ 2003 authorization to proceed to the Construction Documents Phase. 5. Construction Documents Phase: 5,1. After Owner's review of the Design Development documents and issuance of Owner's written authorization to proceed, the Design Professional shall commence the Construction Documents Phase services. 5.2. During the Construction Documents Phase, Design Professional shall provide the following services: 5.2.1. Prepare final calculations, Construction Documents and specifications setting forth in detail each discipline's requirements into a cohesive whole based upon the approved Design Development documents and consultations with the Construction Manager. 5.2.2. Complete the Project manual including conditions of the contract, bidding documents, specifications (including Division 1, General Requirements) and all other Contract Documents for each subcontract trade to be bid by the Construct!oh Manager. 5.2.3. Consult with and assist the Construction Manager, with respect to the Construction Manager's development of a final Project schedule and Guaranteed Maximum Price at 65% completion of Construction Documents for the Project construction costs. 5.2.4. T~27S74.! 0~1 4:11 PNX Assist the Construction Manager in preparing and filing all applications, data and documents required to obtain the approval of all authorities having] jurisdiction over the Project. This shall be accomplished at the appropriate time, but not later than the ninety percent (90%) completion point of this phase. To insure the timely approval of all permits necessary for the construction of the Project, including all environmental permits, the Design Professional shall assist the Construction Manager in scheduling the necessary contacts and liaisoh with all authorities having permit jurisdiction over the Project, and shall furnish, on a timely basis, such plans, data and information as may be. necessary to secure approval of the required permits. The Design Professional shall, at no additional cost to Owner, make all reasonable and necessary construction plan revisions required to obtain the necessary permit approvals for construction Of the Project. 6.1. 6,2, 5.2.5. The Design Professional shall submit the Construction Documents to the Owner for Owner's review. The Design Professional shall revise the Construction Documents as required by the Owner in order to obtain the Owner's written authorization to proceed to the Bidding Phase. 6. Bidding Phase: After Owner's review of the Construction Documents; Design Professional's acceptance of and agreement with the Construction Manager's Guaranteed Maximum Price, and upon issuance by Owner of a written authorization to proceed, the Design Professional shall commence the Bidding Phase Services. During the Bidding Phase, Design Professional shall provide the following services: 6.2.1. 6.2.2. Assist the Construction Manager with.respect to the preparation of the necessary bidding information, bidding forms and other bidding documents to be utilized in the bidding of the various trade subcontracts by the Construction Manager. Provide the Construction Manager with Ten (10) complete sets of the Contract DocumentS and all other bidding documents prepared by the Design Professional. In addition, the Design Professional shall provide the Owner with two (2) complete sets of the Contract Documents and other bidding documents. With respect to the various sets of documents to be provided by the Design Professional hereunder, six (_6_) sets shall be signed and sealed by the Design Professional. Each of the drawings and the cover sheet of the specifications in the six (_6_) sets shall be signed, sealed, and dated. Additionally, any required addenda shall be signed, sealed, and dated~ 6.2.3. Assist the Owner and Construction Manager in evaluating bids for each subcontract trade package, and in preparing and awarding subcontracts for each bid package. The Design Professional shall assist the Construction Manager in conducting pre-bid conferences and shall be responsible for developing and distributing any addenda to the Contract Documents that result from those conferences. T~27574.] 06(1401 4:11 PM 29 JAN ! ~ 2002 6.2.4. The Design Professional shall prepare any required addenda to the Construction Documents. The Design Professional also shall provide any addenda during the Construction Phase in sufficient quantity to distribute to all necessary parties as determined by the Owner and Construction Manager. The Design Professional shall resPOnd only to questions or requests for clarifications concerning the Construction Documents submitted by the Owner or Construction Manager. Any such questions or requests for clarification from bidders or subcontractors who have been awarded a bid package must be submitted through the Construction Manager. 7. Construction Phase: 7.1. Upon the Owner's written authorization to proceed, the Design Professional shall commence the Construction Phase. 7,2. During the Construction Phase, Design Professional shall provide the following services: 7.2.1. Processing, review, approval and distribution.~)f shop drawings, product data, samples, substitutions and otl~er submittals required by the Construction Documents, but only for the purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of the Construction Manager's submittals is not conducted for the purpose of determining the accuracy and completeness of other details, such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment of systems, all of which remain the responsibility of the Construction Manager as required by the Contract Documents. The Design Professional's review shall not constitute approval of safety precautions.or, unless otherwise.speCifically stated by the Design Professional, of any construction means, methods, techniques, sequences or procedures. The Design Professional's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 7.2.2. Maintenance of a master file of'all submittals made to Design Professional, with duplicates for Owner. 7.2.3. T,~27574.1 060401 4:11 PM Construction Field Observation Services consisting of visits to the 7.2.4. 7.2.5. T~627574.1 060401 4:11 PM Project site as appropiate fpr the stage of construction, but not less than once every week, to become familiar with the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the Construction Documents. However, the Design Professional shall not be required to make exhaustive or continuous on-site observations to check the quality or quantity of the Work. The Design Professional shall neither have control over or charge-of, nor be responsible for, the constructio'n means, methods, techniques, sequences or procedures, or for safety precautions an~l programs in connection with the Work. These responsibilities remain the Construction Managers and its Subcontractors. When the Design Professional 'discovers portions of the Work which do not conform to the Construction Documents, the Design Professional, with written authorization of the Owner,. shall have the authority and duty to reject such Work. Provide a written report of each visit. This field observation requirement shall apply to any subconsultants or subcontractors of Design Professional at appropriate construction points. The Design ProfeSsional, as representative of the Owner during construction, shall advise and consult with th.~ Owner. Through its on-site observations of the Work in progress and field checks of materials and equipment, the Design Professional shall endeavor to provide protection for the Owner against defects and deficiencies in the Work of the Construction Manager and the various trade subcontractors of the Construction Manager. Based on such observations at the site and on the Applications for Payment submitted by the Construction Manager, the Design Professional shall determine the amount owing to the Construction Manager and shall prepare Certificate of Payment for such amounts. The issuance of Certificate of Payment shall constitute a representation by the Design Professional to the Owner that: (i) the Work has progressed to the point indicated; (ii) that to the best of the Design Professional's knowledge, information and belief, the quality of the Work is in accordance with the Construction Documents subject to minor deviations from the Construction Documents correctable prior to completion, and to any specific qualifications stated in the Certificate of Payment; and (iii) the Construction Manager is entitled to payment in the amount certified. The Design Professional shall submit the Certificate of Payment to Owner within ten (10) calendar days after receipt of the Application J/...!! 2003 - 31 7.2.6. 7.2.7. 7.2.8. 7.2.9. T#627574.1 060401 a:ll PM for Payment from the Construction Manager. The Design Professional shall review claims for extra compensation, or extensions of time from the Construction Manager, make recommendations to the Owner concerning validity, and prepare responses for the Owner. The Design Professional shall be, in the first instance, the interpreter of the requirements of the Construction Documents. The Design Professional shall render opinions on all claims of the Construction Manager relating to the execution and progress of the Work and on all other matters or questions related thereto. The Design Professional's decisions in matters relating to artistic effect shall be final if consistent with the intent of the Construction Documents, subject to Owner's approval. The Design Professional shall review for comment or approval any and all proposal requests, supplemental drawings and information, substitutions and change orders. Prepare, reproduce and distribute supplemental drawings, specifications and interpretations in response to requests for clarification by the Construction Manager 0r.:~tlie Owner as required by construction exigencies. The Design Professional's response to any such request must be received by the Owner and the Construction Manager within a reasonable pedod of time so as not to delay the work and use best effort to respond within twenty-four (24) hours of the request, or the next available working day when the request is made prior to a weekend or holiday if the issue is critical to the stage of construction. Design Professional will review and respond to all submittals from the Construction Manager, including but not limited to shop drawings, within a reasonable period of time so as not to delay the progress of the Work, but in no event, more than ten (10) business days, unless' Owner expressly agrees otherWise in writing. Subject to Owner's prior written approval, the Design Professional shall have authority to reject Work which does not conform to the Construction Documents. Whenever, in its reasonable opinion, Design Professional considers it necessary or-advisable to insure the proper implementation or the intent of the Construction Documents, Subject to .Owner's prior written approval, Design Professional will have authority to require special inspection or testing of am/Work in accordance with the provisions of the ~ / L~ L~ JAI't ! ~-,', ,:6u3 7.2.10. 7.2.11. 7.2.12. 7.2.13. 7.2.14. 7.2.15. 7.2.16. 7.2.17. 7.2.18. T#6~7574.1 06~I 4:11 Construction Documents whether or not such Work be then fabricated, installed or completed. The Design Professional shall review, comment upon and approve or disapprove all Change Orders, as well as any cost estimate associated with a Change Order request, prepared by the Construction Manager. All Change Orders must be submitted to the Owner for review and approval before any work covered by such Change Order can begin. The Design Professional shall review the Project schedule updates, trade subcontractor construction schedule(s), schedule(s) of shop drawing submittals and schedule(s) of values prepared by the Construction Manager and consult with the Owner concerning their acceptability. The Design Professional shall attend meetings with the Construction Manager, such as preconstruction conferences, progress meetings, job conferences and other Project-related meetings, and prepare and circulate copies of minutes thereof. Receive notice from Construction Manager.if..Other work related to the Project by Owner's own forces, by utility owners, or by other direct contracts will involve additional expense to Construction Manager or require additional time and advise Owner. Receive copies of all accident reports submitted by Construction Manager and advise Owner. Advise Owner when Construction Manager is in default. Owner may rely on Design Professional's advice. The Design Professional shall certify, upon apPlication, any amounts to be paid to Owner by Construction Manager resulting from default by and termination of the Construction Manager. Receive notice from Construction Manager after the occurrence of an emergency and determine whether a change in the Contract Documents in the form of a Change Order is required because of the action taken in response to the emergency. Review and provide comments regarding the Construction Manager's quality control program. 33- 7.2.19. 7.2.20. 7.2.21. 7.2.22. 7.2.23. 7.2.24. 7.2.25. 7.2.26. 7.2.27. T~627574.1 060401 4:11 Ply[ Upon notice from the Construction Manager, and with the assistance of the Owner, conduct the substantial completion inspections. Review and comment upon, and supplement as appropriate, the punch lists to be prepared by the Construction Manager. Notify Construction Manager in writing of work not complete. Issue Certificate of Substantial Completion when appropriate. Upon notice from the Construction Manager, conduct final inspections and assist Owner in final acceptance of Project. Evaluate all 'testing results and make recommendations to the Owner. Assist Construction Manager in the establishment by the Owner of programs of operation and maintenance of the physical plant and equipment. Assist Construction Manager in arranging for and coordinating instructions on operations and maintenance of equipment in conjunction with manufacturer's representati~/~.s. Assist Construction Manager in preparing an operation and maintenance manual for the Owner's use. Visit the facility at initial occupancy and at three (3) month, six (6) month and one (1) year after issuance of the Certificate of Substantial Completion. During each facility visit the Design Professional shall observe, troubleshoot and assist in the operation of building systems. This shall not relieve the Design Professional of its obligation to make other visits to the facility based on need should specific issues arise. Assist the Owner and Construction Manager in the training of the facility operation and maintenance personnel in proper operations, schedules, procedures and maintenance inventory schedule. The Design Professional will provide the Construction Manager and Owner each with one (1) electronic copy of the Construction Documents, based upon an Auto CADD File version which is compatible with OWNER'S system,(Autocadd release 14 of higher) so as to permi.t the Construction Manager to make the necessary JA { '2003 7.3. 8.1. 8.2. 7.2.28. 7.2.29. 7.2.30. changes to those documents to reflect the as-built situation. Throughout the Construction Phase, the Design Professional is to review the Construction Manager's marked up drawings on a regular basis, at least monthly. Transmit drawings and general data, appropriately identified, to the Owner and others as directed. Consult with, and recommend solutions to, the Owner during the' duration of warranties in connection with-inadequate performance of equipment, materials or systems under warranty. Submit a facility and equipment review schedule to the Owner at the time of Substantial Completion.' Perform reviews of facilities and equipment prior to expiration of warranty period(s) to ascertain adequacy of performance, materials, systems and equipment. Submit a written report to the Owner. 7.2.31. Document noted defects or deficiencies and assist the Owner in preparing instructions to the Construction Manager for correction of noted'defects. All contacts and/or communications between the Design Professional and the Construction Manager shall be coordinated with the knowledge of the Owner. All contacts and/or communications between the Design Professional and the various trade subcontractors shall be routed through the Construction Manager. 8. Services Relating to All Phases: 8.3. Tg627574.1 060401 4:11 PM The Design Professional shall investigate and confirm in writing to the Owner, to the best of the Design Professional's knowledge, conformance of the plans and specifications with all applicable local public and utility regulations. The Design Professional Shall furnish check prints for every Project phase including five (5) sets at the 50% completion point of each' phase and at every Project phase completion. The Design Professional shall furnish to Owner one (1) set of mylar sepias at the 50% completion point of each phase and one (1) set of mylar sepias at the completion of each phase. The set of mylar sepias to be provided to the Owner at 100% Construction Documents shall be fully conformed to incorporate all addenda issued prior to bidding. At all phases of design, the Design 'Professional's design documents must be consistent with Owner's 'program unless expressly authorized otherwise in' writing by Owner. 8.4, The Design Professional shall submit to the Owner design notes and computations to document the design conclusions reached during the development of the Construction Documents. 8.4.1. Five (5) copies of the design notes and computations shall be submitted to the Owner with the Design Development documents. When the plans are submitted for final review, the design notes and computations corrected for any Owner comments shall be resubmitted. At the Project completion, a final set of.the design notes and computations, properly certified by the Design Professional, shall be submitted with the record set of plans and tracings. 8.4.2. The design notes and calculations shall include, but not be limited to the following data: 8.4.2.1. 8.4.2.2. 8.4.2.3. 8.4.2.4. 8.4.2.5. 8.4.2.6. 8.4.2.7. 8.4.2.8. Design criteria used for the Project; Lighting calculations; Structural calculations; Drainage calculations; ."- Acoustical calculations; HVAC calculations; Security and communications calculations; Calculations as required by provisions of the Florida Energy Conservation Manual (Department of General Services), latest revision; 8.4.2.9. Calculations showing probable cost comparisons of various alternatives considered; 8.4.2.10. Documentation of decisions reached resulting from meetings, telephone conversations or site visits; and 8.4.2.11. Other Project related correspondence as appropriate. 8.5, All drawing documents for the Project shall be accurate, legible, complete in design, suitable for bidding purposes and drawn to scales acceptable to the Owner. The completed drawing documents shall be furnished on reproducible material and in a foCmat which is acceptable to the Owner. 8.6. During the various design phases, the Construction Manager will be developing various schedules and other documents. The Design Professional will participate in this process as follows: Tt~527574.1 060401 4:11 JAN I ~, 2003 8.7. 8.8. 8.9. 8.10. 8.6.1. 8.6.2. 8.6.3. 8.6.4. Receive for review the Construction Manager's Master Project Schedule, and after consultation with Owner, provide the Construction Manager a written list of corrections needed for schedule approval. Jointly develop with Construction Manager and Owner the Occupancy Schedule. Coordinate Construction Manager's development of the Policy and Procedure Manual. -" Consult with Construction Manager concerning long iead procurement items. At the time this Agreement is executed, the Design Professional has not reviewed the form of contract to be entered into between Owner and · Construction Manager. Any changes to the form of contract between Owner and Construction Manager, which would increase the. scope of Basic Services otherwise required of the Design Professional, must be approved by the'Design Professional before such additional' services will be included Within the Basic Services of this Agreement. The Owner in no way obligates itself to check the Design Professional's work and further is not responsible for maintaining the Design Schedule. Owner's approval or acceptance of any service in any phase does not relieve the Design Professional of any of its duties, obligations or responsibilities under this Agreement. Design Professional's attendance at any partnering sessions with the Construction Manager is mandatory and included within Basic Services. T~62~,~'~4;1 060,~01 4:11Plvi 37 AMENDMENT #1 SCHEDULE B BASIS OF COMPENSATION 1. Progress Reports: 1.1. Subsequent to receipt of the "NOTICE TO PROCEED," and prior to submittal of the first invoice of fees earned, the Design Professional shall submit for the Owner's approval a detailed schedule, showing the various work items comprising the total work effort estimated to be required for the completion of the BASIC SERVICES provided for in this Agreement, including permitting, the weight of each work item to be in proportion to the total work effort, and the portion of the total BASIC FEE assigned to each work item. 1.2. The Design Professional shall submit to the Owner, not later than the tenth (10th) day of each month, a progress report reflecting the PROJECT design status, in terms of the total work effort estimated to be required for the completion of the BASIC SERVICES, as of the last day of the preceding month. The report shall show all work items, the percentage complete of each item, the percentage of total work effort represented by each item, and the percentage of total work effort completed. 1.3. All progress reports and invoices shall be mailed to the attention of the Owner's Project Coordinator, Collier County Government Department of Facilities Management 3301 East Tamiami Trail [Address] Naples, FL 34112 Attn: jack Crognale 2. Compensation to the Design Professional: 2.1. For the BASIC SERVICES provided for in this Agreement, the Owner agrees to pay the Design Professional as follows: 2.1.1. A Lump Sum Fee of: T~627574.1 060401 4:11PM One Hundred Ninety Thousand Dollars ($1 90,000.O0) For the Project Programming and Conceptual Design Phase of the Project - Work includes the conceptual design for a new 8 story addition, an addition to the existing chiller plant, site civil and landscape design, 2 parking garages and a pedestrian covered walkway that connects the garages to the entire complex. (Work completed) 38 1 2003 2.1.2. A Lump sum Fee of: Eighty Eight Thousand Six Hundred and Seventy Dollars ($88,670.00) -Includes $5,000.00 for expenses. For the Schematic Design Phase of the Project. 2.1.3. A Lump Sum Fee of: 2.1.4. A Lump Sum Fee of: One Hundred Sixteen Thousand Five Hundred and Sixty Two Dollars ($116,562.00) - Includes $5,000.00 for expenses. For the Design Development Phase of the Project Two Hundred Thirty Thousand One Hundred Twenty Two Dollars (230,122.00) - Includes $ 7,000 for expenses. For the Construction Documents Phase of the Project Phase 3 2.2. 2.1.5. A Lump Sum Fee of: TBD For the Bidding Phase of the Project. 2.1.6. A Lump Sum Fee of: TBD For the Construction Phase services of the Project. This amount does not include fees for the 3-month, 6-month and 1-year warranty inspections. A lump sum fee TBD shall be due for the 3-month warranty inspection, TBD for the 6-month warranty inspection and TBD for the 1-year warranty inspection. 2.1.7. The fees noted in paragraph 2.1.2 through 2.1.4 shall constitute the total amount of Four Hundred Thirty Five Thousand Three Hundred Fifty Four Dollars ($435,354.00) to be paid to the Design Professional for the performance of the Basic Services - Phase 2. if Contingency Services as provided for under Section 2.1 of the Agreement are provided, the Owner agrees to pay the Design Professional, a negotiated fee based on the work to be performed4 None of these services are anticipated at this time. T#627574.1 060401 4:11PM .. 39 JAN 1 20 )3 2.3. For the Additional Services provided for under Section 2.2 of the Agreement, the Owner agrees to pay the Design Professional a negotiated total fee based on the services to be provided. The negotiated fee shall be calculated using the rates specified in Schedule "H." The Overhead Multiplier shall not exceed 1.38 for calendar year 2003. All of the work described in paragraphs 2.1.2 through 2.1.4 is basic services. 2.4 The compensation provided for under Sections 2.1 through 2.3 of this Schedule B, shall be the total and complete amount payable to the Design Professional for the services to be performed under the provisions of this Agreement, and shall inclbde the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all services. 3. Schedule of Payments: The Owner shall make monthly progress payments as requires in Schedule B.O to the Design Professional in accordance with the following terms: 3.1.1. TheDesign Professional shall submit, with each of the monthly progress reports provided for under Section 1 above, an invoice for fees earned in the performance of Basic Services, Contingency Services and Additional Services during the period covered by the progress report. The invoiced fee earned, expressed as a percentage of the total fee, shall correspond to the percentage of the total work effort completed as reflected by the progress report. 3.1.2. Should an invoiced amount for fees earned in the performance of services, expressed as a percentage of the total fee, appear to exceed the percentage of total services believed to be completed, the Owner may, prior to processing of the invoice for payment, require the Design Professional to submit satisfactory evidence to support the invoice. 3.1.3. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to the Design Professional for correction. T~,627574.1 060401 4:11PM 40- AMENDMENT #1 SCHEDULE C DESIGN SCHEDULE 1.a The Program & Conceptual Design Phase submittals shall be submitted to the Owner within 1 20 calendar days of the date Owner authorizes Design Professional to commence the Schematic Design Phase services. (This work completed). 1.b The Schematic Design Phase submittals shall be submitted to the owner within 75 calendar days of the date Owners authorizes Design Professional to commence the Schematic Design Phase services The Design Development Phase submittals shall be submitted to the Owner within 105 calendar days from the date Owner authorizes Design Professional to commence the Design Development Phase services. The Construction Documents Phase submittals shall be submitted to the Owner within 145 calendar days from the date Owner authorizes Design Professional to commence the Construction Document phase services. T,~~27574.! 060401 4:11 PM 41 EXECUTIVE SUMMARY APPROVE AN AGREEMENT FOR SALE AND PURCHASE TO PROVIDE FOR THE PURCHASE OF APPROXIMATELY 84 ACRES OF MANGROVES FOR MITIGATION PURPOSES AT A COST NOT TO EXCEED $86,000. OB,JECTIVE: Request approval and execution of the attached Agreement for Sale and Purchase (Agreement) between Collier County and Seago Group, Inc. The Agreement is for the purchase of approximately 84 acres of mangroves to be used for mitigation purposes in connection with the proposed construction of a parallel taxiway at the Marco Island Executive Airport. CONSIDERATIONS: The Collier County Airport Authority (Authority) plans to construct a parallel taxiway at the Marco Island Executive Airport. Construction of the taxiway will affect existing wetlands. As a result, the Authority must satisfy mitigation requirements imposed by The Florida Department of Environmental Protection and the Army Corps of Engineers. The Authority requested Property Acquisition to acquire property to satisfy these requirements. The subject described parcels are located next to the Isle of Capri in unincorporated Collier County and are geographically close to the Marco Island Executive Airport. The acquisition of fee titie to these parcels and then the transfer of said title to the Department of Environmental Protection will satisfy the "land acquisition" portion of the Authority's mitigation obligations. The agreed upon purchase price for the approximately 84 acres of mangroves is $60,000. This amount was based upon an appraisal prepared by an independent appraiser. Staff has received a favorable environmental report from the Collier County's Pollution Control Department. FISCAL IMPACT: The total costs of acquisition shall not exceed $86,000 ($60,000 for property, $10,000 for survey, $13,000 for appraisal, $1,640 for the Environmental Task Audit I, and approximately $1,360 for title commitment, title policy and recording of documents). The funds shall be withdrawn from the Airport Authority Grants Fund (496). However, seventy-five percent of the acquisition costs shall be reimbursed through grant funds from the Florida Department of Transportation. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: Staff is recommending the Board of County Commissioners: 1. Approve the attached Agreement for Sale and Purchase; 2. Authorize its Chairman to execute the Agreement; EXECUTIVE SUMMARY Marco Airport Mitigation _Page 2 3. Direct staff to proceed to acquire the subject site and follow all appropriate closing procedures including obtaining the acceptance of the proper conveyance document and approval to record any and all necessary documents (once approved by the County Attorney's Office) to obtain clear title to the property and all other criteria proves satisfactory; and 4. Direct staff to proceed to transfer title of all or portions of subject site to Department of Environmental Protection to satisfy mitigation requirements. Cindy l~li/Erb, Sr. Property Acquisition Specialist Property Acquisition & Construction Management Facilities Management Department Toni A. Mott, Real Proper y P Property Acquisition & Construction Management Facilities Management Department I ^x Charles E. Carrington, Jr., SR~¥A, · g  r~roperty Acquisition & Construction Management Facilities Management Department REVIEWED BY: ~n Rodrig~e-z, It~eri~i~ir,~c~6'r Facilities Managemerft Department JAN 4 .DD3 EXECUTIVE SUMMARY Marco Airport Mitigation Page 3 R~bert-Tx[eedy, Interim Executive Director /[)"Coilier County Airport Authority APPROVED BY: ~~dministrator Administrative Services Division DATE: DATE: JAN l~ 2003 I PROJECT: Marco Airport Mitigation FOLIO: 00746240001,00746560008, 01049640006 & 01049720007 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between SEAGO GROUP, INC., a Delaware corporation, (hereinafter referred to as "Seller"), and Collier County, a political subdivision of the State of Florida, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other 'agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". Il. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Sixty Thousand Dollars, ($60,000.00), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before sixty (60) days following execution of this Agreement by the Purchaser but not later than February, 1, 2002, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The p[ocedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Afiidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes1 and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form R Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year~s millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller~erminateWrittenthis noticeAgreement.Of its intention to waive the applicable J / / - / JAN I 2003 / 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State ct Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit 'A", if any. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. INSPECTION PERIOD 5.01 Purchaser shall have sixty (60) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements ID the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Properb/can be utilized for its intended purpose. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article VI shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.'01 Seller acknowledges that the Purchaser, or its authorized agent~,-~l~lOl~'Y.,~ the right to inspect the Property at any time prior to the Closing. / JAN 16 20031 / / VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS_ 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2002 taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such lailure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of eacfl of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. PurchaseCs acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be pedormed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has an,/ right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this AgreemE force and effect, Seller shall not encumber or convey any Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 1'0.018 Seller has no knowledge that the Property and Setler's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or olher contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees ~at Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Supedund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance ot title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows and will be deemed given upon receipt: If to Purchaser: Charles E. Carrington, Jr., SR/WA, Manager Property Acquisition & Construction Management Administration Building 3301 Tamiami Trail East, 4~ floor Naples, Florida 34112 With a copy to: Ellen T. Chadwell Assistant County Attorney Office of the County Attorney Administration Building 3301 Tamiami Trail East Naples, Florida 34112 If to Seller: Thomas P. Hoolihan, President Seago Group, Inc. 3440 Marinatown Lane NW North Forty Myers, Florida 33803 11.02 The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes, l AGEt.~OA ITEt4_ JAN 1 ?.003 Xll. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XlV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any rome or effect unless made in writing and executed and dated by both Purchaser and Seller. IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED:. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk BY: , Chairman AS TO SELLER: DATED: WITNESSES: (Signature) (Printed Name) (Printed Name) SEAGO GROUP, INC., a Delaware corporation "'T'h'~oma's P. Hoolihan, President Approved as to Iorm and legal sufficiency: ""Ellen T. Chadwel Assistant County Attorney .o. ,/g'- ~- "%__.~ JAN 1 4 2003 EXHIBIT "A" Property described as the following: Government Lots 5, 6, 10 & 11 in Section 32, Township 51 South, Range 26 East of Collier County, Florida, as described by Tax Identification Number 00746240001; and Government Lot 7 in Section 33, Township 51 South, Range 26 East of Collier County, Florida, as described by Tax Identification Number 00746560008; and Government Lot 3 in Section 4, Township 52 South, Range 26 East of Collier County, Florida, as described by Tax Identification Number 01049640006; and Government Lots 1 & 2 in Section 5, Township 52 South, Range 26 East of Collier County, Florida, as described by Tax Identification Number 01049720007. JAN 2003 ,,.., /...j~ EXECUTIVE SUMMARY APPROVE CHANGE ORDER NO. THREE, WORK ORDER BSSW-00-07, IN THE AMOUNT OF $24,000.00, WITH BARANY, SCHMITT, SUMMERS, WEAVER AND PARTNERS, INC. FOR DESIGN SERVICES FOR CONSTRUCTION OF NORTH NAPLES GOVERNMENT SERVICES CENTER. OBJECTIVE: To increase the scope of work under Work Order BSSW-00-07, Change Order #3, with Barany, Schmitt, Summers, Weavers and Partners, Inc. to obtain a Conditional Use Permit for the North Naples Government Services Center. CONSIDERATIONS: On August 22, 2001, Tom Olliff, County Manager, in the Boards absence, approved Work Order No. BSSW-00-07, issued to Barany, Schmitt, Summers, Weaver & Partners Inc., in the amount of $95,100.00 for design services, Phase 1, for the North Naples Government Services Center, to be located on the Library Headquarters site on Orange Blossom Road . Subsequently the Board approved additional funding of $135,600 for Phase 2 to complete the design of the facility for a total fee of $230,700.00. At the Pre-Application meeting with Collier County planning staff, it was determined that the property, even though it was included in the Library's SDP, was zoned Agricultural, requiring a Conditional Use approval for the construction of the North Naples Government Services Center. Barany Schmitt Summers Weaver & Partners submitted a fee of $24,000.00 to perform the additional services required for obtaining the Conditional Use permit. FISCAL IMPACT: The fiscal impact of Change Order No. 3 is $24,000.00 and is available within the approved project budget. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve and authorize the Facilities Management Director to execute Change Order No. 3 to Work Order BSSW -00-07 with Barany, Schmitt, Summers, Weaver & Partners, Inc. Prepared By: ~/J~ck Croona'~e, Principal Project Manager VDepartment of Facilities Managem~gnt Reviewed By: Daniel Rodrigue~, I-nt~~ Department of Facilities Management Date: //'..-~///~,~,//~--- Date: Approved By: -'~c~:'~'/,~7//77 ': Sk"i'l~ Camp, CFM, Interim Administrator Administrative Services Division Date: / 2003 [ 12/05/2002 11:23 FAX 6437435 B a an¥S--.cb-mittSummersWeaver _ C O R p O R A T E D AN[:) pARTNERS IN ~ COLL.CO.FAC.MGMT ~003 2 December 2002 Chanqe Order Number ~'~o 7~/<'~--~ Authorization for Additional Services COLLIER cOUNTY COLLIER COUNTY GOVERNMENT SERVICES CENTER Innovation and Performance in Architecture and Planning AFl'N: Jack Crognale OWNER: Co6ier County Board of County Commissioners OWNER FAX: 239/793-3795 The Owner has requested Additional Services of Barany Schmitt Summers Weaver & Partners, Inc., as described below or attached, and according to the applicaNe provisions of the Agreement beWveen the Owner and the Architect for the above referenced Project. These Additional Services may require the services of Consultants, which if necessary, are identified below by name or discipline. The Additional Services are: A. Services related to Conditional Use Zoning approvals of a site fronting on Orange Blossom Ddve. The services of the following Consultants and their disciplines wilt be required: ~q Consultants. Inc. (See attached proposal} $ 4,000.00 ~ (See attached proposal) $ 6,000.00 $11,000.00 BSSW Architects $ 3,000.00 Fixed Fee for Expenses. The total compensation to the Architect for these Additional Services shatl be: $ 24,000.00 The signature below of a representative of the Owner represents its authorization to the Architect to provide the Additional Services described in this agreement- behalf of the Ortner IDy:~ Authorized on printed N~/~ ~"~'~ d'~'~'~' ~ T~e: Agre~ on behalf of the ~chitect by: Pdnted Name: D~aniel/k Summers. AIA_ Tire: Vice President JAN 1 2003 EXECUTIVE SUMMARY AUTHORIZE CONVEYANCE OF A UTILITY EASEMENT TO FLORIDA POWER & LIGHT COMPANY FOR THE INSTALLATION OF UNDERGROUND ELECTRIC FACILITIES TO SERVE THE DEVELOPMENT SERVICES BUILDING EXPANSION AND PARKING GARAGE PROJECT, THE COST OF WHICH SHOULD NOT EXCEED $15.00. OB,IECTIVE: That the Board of County Commissioners authorize conveyance of a Utility Easement to Florida Power & Light Company for underground electric service to the new Development Services' facilities on North Horseshoe Drive. CONSIDERATIONS: Community Development & Environmental Services' offices are being expanded to accommodate staff growth. The new facility is being constructed within the existing parking area thus requiring construction of the parking garage. In order for Florida Power & Light Company to provide electric underground service to these new facilities, it will be necessary for the County to execute and record the attached Utility Easement. The Utility Easement has been reviewed and approved by the County Attorney's Office. FISCAL IMPACT: The total cost of recording the Easement will not exceed $15.00. The funds will be withdrawn from the Community Development Fund (113). GROWTH MANAGEMENT IMPACT: This conveyance is consistent xvith the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the attached Utility Easement to Florida Power & Light Company; 2. Authorize the Chairman to execute the Easement; 3. Authorize staff to record with the Clerk of Court the Easement in the Public Records of Collier County, Florida. AGIE N[)A I TEIq~ JAN 1 q 2003 EXECUTIVE SUMMARY Development Services Expansion - FPL Utility Easement Page 2 Toni A. Mott, Supervisor Property Acquisition & Construction Management Facilities Management Department REVIEWED" 5/ ' DATE: ~l~'ck Crognale, ~'~nstruction Manager /~Facilities Management Department REVIEWED B~~L~-~C~.' 'x(~4.~\~-~ DATE: ~ha~es E. Carrington, Jr., S~VA, Manager %~ Property Acquisition & Construction Management Facilities Management Department Dan Rodriguez, ~ri~rector Facilities Managemenf Depa[tment /1 .// REVIEWED Ed Perico, Director Building Review & Permitting DATE: DATE: APPROVED BY:/. Skip Camp, CFM, Interim-Adnfinistrator Administrative Services Division DATE: AGENDA ITEM--~ JAN 142003 Work Order Ho. 704241)-547 Sec. 35, Twp 49S, Rge 25E Parcel LD._~ OVtaintained by Count~ Appraiser] Form 3722 (Stocked] Rev. 7/64 EASEMENT 1his Instrument Prepared BY Name: Mark K Johnsan Co. Name: FPL Co~ Address: 4105SW 15AY Naples, R. 34116 Page I of 2 The undersigned, Ii~ consideration of the payment of $%00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to florida Power & Light Company, its licensees, agents, successors, and assigns, an easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities [including wires, poles, guys, cables, conduits and appurtenant equipment] to be Installed from time to time; with the right to reconsuuct improve, add to, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within an easement 10 feet In width described as follows: 5 feet in width on each side of utility lines as Installed by Grantee on the property descriPed on Exhibit "A'. The utility lines shall be constructed so that the easement does not extend under any permanent building improvement which is existing or under construction atthetimeoftheutilityconstructiotL SEE EXHIBIT "A" ATTACHED Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and conduit within the easement and to operate the same for communications purposes; the right of ingress and egress to said premises at all times; the right to clear the land and keep It cleared of all trees, undergrowth and other obstructions within the easement area: to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous Lrees or limbs outside of the easement area which might Interfere with or fall upon the lines or systems of co_m..mu, nica~ons, o.r. po. wer. tra. nsmission, o~r di .stj'~i_b,u~_e.n:.__a_n_d._f,u_.r~ e.r.g~rbt~edt%~ fullest extent the undersigned has the power to grant, i! at ail, me rights nerelnaflove graflTeu On me la[to ilert~tolu[u UGh , , along, under and across the roads, streets or highways adjoining or through said property. IH WiTHESS WHEREOF, the undersigned has signed and sealed this instrument on ,20_. Board of County Commissioners ~ollier Countv. F]nrid~ - Chairman Print Hame: PrintAddress: 3301 Tamiami Trail, East Naples: FT, 3411~ · PrintHame: Dwiqh~ $. Brock: c]~rk PrintAddress: 3301Tamiami TraiL East Naples, FL 34112 [Corporate Seal] ~ AND COUHTY OF .. The foregoing Instrument was acknowledged before me this . 20 ~ ,and respectJvelythe _.~J)etd~Jfit and 0-'/'. ~.~.-~'., .o -~ ' - ~~half of said.coHIm"~J~, who are personally known S,~,~,,,,-,~ u, --......_ _ , . .. / · to me or have produced as~n,, and who did [did net] take an o_~.~I~ My Commission Expires.'-~mme of Identfllcat]~ ~ ~ature A TEN FEET (10') W1DE UTIUTY ~MENT FOR FLORIDA POWER & UGHT COMPANY LYING V~THIN LOTS 20 AND 21 OF EAST NAPLES INDUS'rP, JN. P,N~ AS RECORDED IN Pl..AT BOOK 10. PAGES 114 AND 115, O~ THE PU~JC RECORDS OF COLUER ~. FLOPJDA. THE CE.t, rrER~ OF SAID EASEMENT IS MORE PARTI~Y DESCRIBED AS FOLLOWS: COMMENCING AT TH~ NCR~ST CORNER O~ SAID LOT 21, EAST NAPt. ES INDUSTRIAL p/~3,K; TI-ENCE N89'51'4Z'E ALONG TIE NORTH UNE OF SAID LOT, ALSO B~ING THE SOUTH RIGHT OE WAY UNE OF NORTH HORSESHOE DRIV~ (60 FEET VVtDE) FOR 88.00 FEET TO 'i3-E POINT OF BEGINNINO: 33-1ENCE S00'06'lB'E pAPal I FI W1TH AND 1Z00 FEET WEST OF ~ EAST LINE OF SAID LOT 21 FOR 224.18 FEET; THENCE S89'51'42"W FOR 153.30 FEET TO 33-1E END OF THE HEP, EIN DESCRIBED EASEMENT. THE SIDELINES OF SAID EASEMENT ARE TO TERMINATE pERPENDICULARLY TO THE ABOVE-DESCPJBED CENTEP, LINF- BEAPJNC.~ ARE ASSUMED BASED ON THE NORTH UNE OF LOT 21 AS BEARING NBg'51'4Z'E PER THE PROJECT TOPOGRAPHIC SURVEY BY AGNOI-I BARBER & ERUI',IDAGF_, INC. DATED 12- 13-2OC0. N. HORSESHOE DRIVE SUBJECT TO EYJST~NG EASEMENTS, RESTPJC~ONS N~D RESERVATIONS OF RECORD. 60' RI ~4T. OF. R'. O.B. ~ 10'WIDE UTIL[Tff' E X ISTING BUILDING PROPOSED BUILDING ADDITION LO:r 19 '---I -- 'UTILITY EASEMENT I ~ 69' .~1' 42"E 500.O0'tF) II- 21-OZ DATE (P)= PROJECT SURVEY ~.O.B. = POINT OF BEGINNING 1102006 '* I ESMT. RO~ F.~.[.. bINEI SKETCH OF A LEGAL DESCRIPTION ORDER BOOK I REVISIONS I NOT A FIELD SURV~ I I I C~r ~ ~ ~ ~ ~RE~ ~ ~D I ~T ~ ~E D~CRI~ ~D ~ OMNi INC. F~ (941) 939-7181 I sco(t E ~a~enke, P~ ~ 1" = 60' VAUO ONLY Wn'H EMBOSSED s~ .o. JAN Pg.. EXECUTIVE SUMMARY APPROVE SELECTION COMMITTEE RANKING OF FIRMS FOR CONTRACT NEGOTIATIONS FOR RFP 03-3456 "ENGINEERING ANALYSIS AND RATE TESTIMONY FOR ORANGETREE UTILITIES" (ESTIMATED DOLLAR AMOUNT OF CONTRACT $65,000 to $75,000) OBJECTIVE: To receive Board approval of Committee's ranking of firms for professional services related to engineering analysis and rate testimony related to Orangetree Utilities, and authorization to begin contract negotiations for subsequent Board approval of contract. CONSIDERATIONS: Orangetree Utilities is an investor-owned water and sewer utility regulated locally by the Collier County Water and Wastewater Authority. Orangetree has recently filed an application for an adjustment to its water and sewer rates. A public hearing is required and expert testimony from the utility and staff will be necessary during the quasi-judicial proceedings. A Request for Proposal was issued for the purpose of establishing a contract with firms capable of providing engineering analysis, rate testimony and related professional services to the County under the direction of the Community Development and Environmental Services (CDES) Operations Department. The Request for Proposal (RFP) was issued in accordance with Florida State Statute 287.055, Consultant Competitive Negotiation Act, and publicly advertised on November 13, 2002. Notices were sent to 143 firms and responses were received from two firms by the due date of December 6, 2002. A Selection Committee meeting was held on December 23, 2002, and after review, scoring and discussion of the proposals, by consensus of the members, the firms were selected for the short list as follows. With Board approval, negotiations will commence with the top ranked firm. 1. Hartman & Associates 2. Stanley Consultants FISCAL IMPACT: There is no fiscal impact associated with the ranking of these firms. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with the ranking of these firms. RECOMMENDATION: That the Board of County Commissioners; (1) Approve the Committee's selection of firms. (2) Authorize staff to begin Contract negotiations with the top ranked firm in the order of their ranking. '/ '~ 2 ~ ~ .~,' , ' ' (/~ ~Idd /~(~( Date: /.-~/~ ~'/~/~c~. SUBMITTED BY: Ke)'sey wa~fl, Senior Purchasing and Contracts Agent APPROVED BY: -~-¢~, /'~/J,' ~'~'f'~? Date: Steve~Camell, i~irector, Purchasing/General Services APPROVED BY: ~,//7 Date: Skip Camp, Interim ~'" - ' ' ami/~istrator / Administrative Services Division 0 0 ~o a JAN I ~ 2003 RFP #03-3456 "Engineering Analysis and Rate Testimony for Orangetree Utilities" SCORING FORM NAME OF FIRM Proje~t Approach ~nd ~nder~t~ndin~ 35 Points Expe~ise of Designated Staff 25 Points Previous Pe~ormance on Similar Jobs 25 Points O~ce Location and Responsiveness 5 ~o~ts Ability to Complete on Time and Within Budget ~ 0 ~o~ts TOTAL 100 Points FIRST PLACE SECOND PLACE ~~~ ~~er's Signature Date De¢-13-OZ 10:37 Fr0m-C011iar County Purchasini 732 0844 T-TOZ P.OOZ/OOZ F-714 RFP #03-3456 "Engineering Analysis and Rate Testimony for Orangetree Utilities" NAME OF FIR.M~_ ~'0~$~u c_~T5 pr~7~-~-ro--a--c~1 1~ 7: ~ and Understanding 35 Points '-~pedise of Designated Staff 25 Points Previous Performance on Similar Jobs 25 Points lOft'ice Location and Responsiveness 5 Pobats SCORING FORM Ability to Complete on Time and Within Budget · 10 ?o~ts TOTAL 100 Points /S RANKING FIRST PLACE SECOND PLACE THIRD PI,ACE , Selection C~mmittee Member's Signature Date RFP #03-3456 "Engineering Analysis and Rate Testimony for Orangetree Utilities" SCORING FORM NAME OF FIRM Project Approach and Understanding 35 Points Expertise of Designated Staff 25 Points Previous Performance on Similar Jobs 25 Points Office Location and Responsiveness 5 Points Ability to Complete on Time and Within Budget 10 Po~ts TOTAL 100 Points RANKING THIRD P~E . Select~C~ ~Member's Si~aature Date/ J AG£ r~p~A i TE~¢ JAN Pg._ EXECUTIVE SUMMARY APPROVE A CHANGE ORDER IN THE AMOUNT OF $78,406.08 FOR CONTINUATION OF CONTRACT # 00-3109 "JANITORIAL SERVICES". OBJECTIVE: To obtain Board approval of a Change Order to ensure continuation of an existing contract for a period of ninety days. CONSIDERATIONS: A new RFP # 03-3444 for Janitorial Services was issued on November 14, 2002. Due to the time involved in the selection process, in order to ensure continuation of Janitorial Services, an extension to the existing contract was requested of the vendor, One Source Facility Services, Inc. It was mutually negotiated between the vendor and the Facilities Management Department to increase the amount paid per month by $26,135.36 in order to cover the costs associated with the interim period prior to award of the new contract. This interim period is expected to be ninety days. Should a new contract not be awarded within the ninety day timeframe, subsequent monthly pricing will need to be re-negotiated. Approval of a change order is being requested in a total amount of $78,406.08. FISCAL IMPACT: Funding for the extension of the Janitorial Services is available within the current janitorial budget totaling $78,406.08. GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan. RECOMMENDATION: to Contract # 00-3109 "Janitorial Services". SUBMITTED BY: Kels~Ward' e' o ' r. clS'asing & Contracts Agent REVIEWED BY: Daniel Rodriguez, Jn~ri~t~"~cilities Management Director REVIEWED BY:.-< ,,~ ;/;4--"~n ¢~',~' r stephen Iy. Camelg', Purchasing/General Services Director APPROVED BY: bCg:ip Can~, interir~ ~ministrative Services Administrator That the Board approve the change order in the amount of $78,406.08 DATE: / t/O 7)"/~' ~ DATE: ./../~ ~A CHANGE ORDER NO. I TO: OneSource Facility Services, Inc. 14848 Old 41 North, Suite 11 Naples, FL 34110 DATE: December 18, 2002 CHANGE ORDER CONTRACT NO. 00-310 "Janitorial Services" BCC Date: 11/28/00 Agenda Item: 16 (E) 15 Under our AGREEMENT dated November 28, 2000. You hereby are authorized and directed to make the following change(s) in accordance with the provisions of Section 3, "Contract Sum" of the Agreement: Increase cleaning cost per square foot from $.074 to $.105 for a period of ninety (90) days, beginning on December 18, 2002. FOR THE Additive Sum of: $26,135.36 (twenty six thousand, one hundred thirty five dollars and thirty six cents) per month. Previous monthly charge: 843,076 square feet X $.074 = Revised monthly charge: 843,076 square feet X $.105 = $62,387.62 (sixty two thousand, three hundred eighty seven dollars and sixty two cents) $88,522.98 (eighty eight thousand, five hundred twenty two dollars and ninety eight cents) Net increase per month $26,135.36 (twenty six thousand, one hundred thirty five dollars and thirty six cents) The time for completion shall be increased by ninety (90) calendar days, beginning December 18, 2002, due to this Change Order. Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as cOntained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claim's of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: } J ~ ,2003 CONTRACTOR: OneSource Facility Services, Inc. Robert G. Mosbach, Vice President, Operations OWNER: By: BOARD OF COUNTY COMMIScg1'ONERS .......... , ........ Daniel I~. Rodriguez,,cl~erir5 F~icilities",C~ENDAc~T~M Management Director No. /¢ ~ 7. jAN Pg. CONTRACT MODICATION CHECKLIST FORM PROJECT NAME: PROJECT # WORK ORDER # CONTRACT # CONTRACT NAME: N/A NIA NIA 00-3109 Janitorial Services CONTRACTOR NAME: OneSource Facility Services, Inc. CONTRACT AMOUNT: ORIGINAL: $672,389.18 CURRENT: $682,475.01 CURRENT COMPLETION DATE(S): June 17, 2003 or whenever new contract is awarded. SUMMARY OF PROPOSED CHANGE(S): Total square footage to be cleaned is 843,076. Increase cleaning cost per square foot from .74 sq.ft, to $1.05 sq. ft. for a period of 90 days beginning on December 18, 2002. Net increase is $78,406.08. JUSTIFICATION FOR CHANGE(S): Ensure continuation of existing contract for Interim period until new contract awarded. PARTIES CONTACTED REGARDING THE CHANGE(S): Skip Camp, Dan Rodriguez, Ann Simpson IMPLEMENTATION STEPS: X X X Proposed change is consistent with the existing scope Change is being implemented in a manner consistent with existing agreement The appropriate parties have been consulted regardi.ng the change/ PROJECT MANAGER RE~~M .ND.~~ .ON: DATE: DATE: BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE January 14, 2003 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: 1. Disbursements for November 30, 2002 through December 6, 2002. Districts: Minutes: 1. Immokalee Local Redevelopment Advisory Board - Agenda for November 20, 2002. 2. Bayshore Beautification M.S.T.U. Advisory Committee - Agenda for December 11, 2002, Minutes of November 13, 2002. 3. I_-75/Golden Gate Ad Hoc Landscaping Committee - Agenda for December 11, 2002. 4. Immokalee Beautification M.S.T.U. Advisory Committee - Agenda for November 20, 2002; Minutes of October 16, 2002. 5. Forest Lakes Roadway and Drainage M.S.T.U. - Agenda for November 22, 2002. 6. Citizen's Corps Advisory Committee - Agenda for November 21, 2002. 7. Emergency Medical Services Advisory Council - Notice for Friday Dec. 6, 2002; Minutes of October 23, 2002. 8. Collier County Hispanic Affairs Advisory Board - Agenda for December 9, 2002. H:DataJFormat EXECUTIVE SUMMARY ACCEPT A CHILD DEPENDENCY GRANT-IN-AID OF $31,386.62 FROM THE STATE OF FLORIDA, JUSTICE ADMINISTRATIVE COMMISSION AND AUTHORIZE CHAIRMAN TO SIGN THE AMENDMENT OBJECTIVE: To accept a Child Dependency Grant-in-Aid of $31,386.82 from the State of Florida, Justice Administrative Commission and authorize Chairman to sign the agreement. CONSIDERATION: Collier County has been awarded a Child Dependency Grant-In-Aid for $31,386'.62 from the State of Florida, Justice Administrative Commission. Quarterly reports will be submitted to the Justice Administrative Commission [JCA] and, in turn, the JCA will disburse funds directly to the Collier County Board of County Commissioners bank. Funds will be used for the reimbursement of contractual attorneys representing individuals in Dependency cases. The Chief Judge of the Twentieth Judicial Circuit has agreed to this allocation. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: This will recognize a grant award of $31,386.62. RECOMMENDATION: The Board of County Commissioners accept the Grant-in-Aid of $31,386.62 and authorize the Chairman to sign the agreement and approve the associated budget amendment. I / Prepared by: ~ Date: December 16, 2002 Mark Middlebrook Sr. Deputy Court Administrator Reviewed by:./V~~ ~' ~ Michael Smykowski Budget Director Approved by' ~~~'~?/'' · C(3'~nty Manager Date: January 7, 2003 Date: ///~ ,2003 JAN 1 ~ 2003 GRANT-IN-AID AGREEMENT FOR CHILD DEPENDENCY for Collier County, Florida Bo C° This Agreement is made between the Justice Administrative Commission (the "JAC"), and the Collier Board of County Commissioners (the "Grantee") on behalf of the Twentieth Judicial Circuit (the "Circuit") as Grant Manager. The parties agree that: The JAC will pay the Grantee for expenditures made by the County Government in an amount not to exceed $31,386.82 for the period beginning July 1, 2002 and ending June 30, 2003. Payments will be disbursed quarterly upon receipt of properly completed reports noted in B(1) below. The Grantee will use grant monies provided under this Agreement to assist in the payment of costs incurred for Dependency Counsel in accordance with 39.013 (11), F. S. The Grantee will submit quarterly Dependency Court Representation Reports to the JAC no later than the 25th of the next month following the end of the quarter. ° The Grantee will not use grant funds for lobbying the Florida Legislature, the judicial branch, or a state agency. The Grantee, as a "Recipient" of state funds, will comply with the Florida Single Audit Act, section 215.97, Florida Statutes, as follows: In the event that the Recipient expends a total amount of State awards equal to or in excess of $300,000 in the Recipient's fiscal year, the Recipient must have a State single or project-specific audit for such fiscal year in accordance with section 215.97, Florida Statutes, and applicable rules of the Executive Office of the Governor, the Comptroller and the Auditor General. Applicable rules of the Executive Office of the Governor, the Auditor General, and Comptroller, and other information pertaining to the Florida Single Audit Act can be found at http://www.mvflorida.com/myflorida/~overnment/lcarn/fsaa/index-html. The Catalog of State Financial Assistance (CSFA) establishes that state funds were awarded to the Recipient through the Justice Administrative Commission. The CSFA number for this grant is 21.001. Information from the CSFA can be found at http://www.mvflorida, com/m¥flofida~government/leam/fsaaAndex.html. o In determining the State awards expended in its fiscal year, the Recipient shall consider all sources of State awards, including State funds received from the Justice Administrative Commission, except that State awards received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. The Recipient shall ensure that the audit complies with the requirements of section 215.97(7), Florida Statutes,'and the State Projects Compliance Supplement. The State AC~ Ei'.iL')..,& iTEM No. I Do o o This 215.97(7), Florida Statutes, and the State Projects Compliance Supplement. The State Projects Compliance Supplement can be found at http ://xvw~v.mvflorida. com/m¥florida/uovernment/learn/fsaa/index.html. Compliance includes submission of a reporting package as defined by section 215.97(2)(d), Florida Statutes. If the Recipient expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of section 215.97 is not required. Audit costs may not be charged to state projects when the Recipient expends less than $300,000 in State awards. Unless prohibited by law, the cost of an audit required by section 215.97 is an allowable charge to a state project. However, charges to state projects should be limited to those incremental costs incurred by the Recipient as a result of the audit requirements of section 215.97 in relation to other audit requirements. The Recipient should allocate the incremental costs to all state projects for which it expended state financial assistance. The Recipient shall submit copies of reporting packages required by section 215.97 to each of the following: The Justice Administrative Commission at the following address: Attn: Roy Neel, Accounting Director P.O. Box 1654 Tallahassee, FL 32302 bo The Auditor General at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, FL 32302-1450 · The Recipient shall retain sufficient records demonstrating comPliance with the terms of this Agreement for a period of 4 years from the date the audit report is issued, and shall allow the JAC access to such records upon request. The Recipient shall ensure that audit working papers are made available to the JAC upon request for a period of 4 years from the date the audit report is issued, unless extended in writing by the JAC. Pursuant to section 215.97, the JAC, the Auditor General and other state officials may conduct additional audits or evaluations of state financial assistance provided to the Recipient under this Agreement. Agreement is subject to the following terms and conditions: The JAC's obligation to pay the Grantee is contingent upon the availability of state rqo. JAHI orJ3 funds lawfully appropriated for the purposes stated in Paragraphs A & B. The Grantee will maintain all records made or received in conjunction with this Agreement in accordance with Rule 2.051, Florida Rules of Judicial Administration. o In providing, or contracting to provide, services, programs or activities, maintaining facilities, and otherwise performing obligations under this Agreement, the Grantee and Grant Manager will comply with the Americans with Disabilities Act, the Civil Rights Act of 1964, as amended, the Florida Civil Rights Act of 1992 and any other federal or state law that prohibits discrimination on the basis of race, color, national origin, religion, sex, age, marital status, or handicap. If, in the judgment of the JAC, the Grantee for any reason fails to comply with the terms of this Agreement, the JAC will have the right to terminate the Agreement on 30 days written notice by certified mail. In the event of termination, the Grantee will return to the JAC all grant funds, except those expended in compliance with this Agreement, for reversion to the Grants and Donations Trust Fund unallocated. This Agreement constitutes the entire understanding of the parties. All modifications to the Agreement must be in writing. This Agreement is effective on the date of execution and will terminate on June 30, 2003. STATE OF FLORIDA JUSTICE ADMINISTRATIVE COMMISSION GRANTEE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY Signed by: Name: E. Frank Farrell Title: Executive Director Justice Administrative Commission Date: / O '~ '~/-'- d ~ GRANT MANAGER TWENTIETH JUDICIAL CIRCUIT Signed by: Name: Title: Date: Name: Title: Date: Chief Judge, Twentieth Judicial Circuit AGENDA iTEM & No. /~' ! - JAN q EXECUTIVE SUMMARY AUTHORIZE THE MAKING OF AN OFFER OF JUDGMENT TO RESPONDENTS LARRY VALENTI AND CONSIGLIO N. GIRURASTENTE, FOR PARCEL NO. 183 IN THE AMOUNT OF $6,000 IN THE LAWSUIT STYLED COLLIER COUNTY V. LAZ4RO HERRER/I, ETAL., CASE NO. 02-2211-CA (IMMOKALEE ROAD PROJECT #60018). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032 Fla. Stat. to Respondents, Larry Valenti and Consiglio N. Girurastante ("Respondents"), in tt~e amount of $6,000, as full compensation, excepting attorneys fees and costs, for the condemnation of Parcel 183, in Collier County v Lazaro Herrera, et al., Case No. 02-2211-CA. CONSIDERATIONS: On September 5, 2002, an Order of Taking was entered in Collier County Circuit Court regarding the fee simple acquisition of Parcel 183 for the Immokalee Road project (Project No. 60018). On September 19, 2002, Collier County deposited with the Registry of the Court the sum of $5,000 for Parcel 183 in accordance with the Order of Taking. The Offer of Judgment, a copy of which is attached, offers the property owners of this Parcel, Larry Yalenti and Consiglio N. Girurastante, the sum of $6,000 as full compensation for the property taken, including any severance damages, business damages, damages to the remainder, and costs to cure, but does not include attorney's fees or other such costs. This figure takes into account the basis for the appraised value and the potential risks and costs in proceeding to trial. The making of the Offer of Judgment will require the property owners to carefully assess their claims for compensation. Respondents have thirty days from the date of mailing the offer to accept. If Respondents accept, the County will be required to deposit an additional $1,000 into the registry, and the total sum of funds on deposit, or $6,000, will be paid to Respondents by Stipulated Final Judgment of the court. If Respondents reject the offer, and fail to recover more than $6,000 for Parcel No. 183, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondents after the date of the offer's rejection. This xvould include any expert witness fees, such as appraisal fees. The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the terms of the Offer of Judgment to be reasonable. FISCAL IMPACT: Funds in the amount of $1,000.00 are available in the FY 03 adopted budget. are Gas Taxes and Impact Fees. Source of funds GROWTH MANAGEMENT IMPACT: None. pg. I RECOMMENDATION: That the Board of County Commissioners: 2. 3. 4. Approve the terms of the Offer of Judgment and authorize its service on Respondents, and Approve the expenditure of funds as stated; and Authorize $1,000 to be paid into the Registry of the Court in the event the Offer of Judgment is accepted by Respondents; and Approve Stipulated Final Judgment based on the acceptance of the Offer of Judgment. SUBMITTED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Heidi F. Ashton Assistant County Attorney ,/ ,,~q~evin~1;~ ~ . e!l ~cks, ROW Ac2 uis~tion Manager Gregg Strakaluse, Director Transpo~atioWECM No~ ~eder, Administrator Trans~ation Division fiavid C. Weigel, Co~ty ~mey Date: Date: ~--Date: /~ -/~ 't92--, Date: Date: 2 IN THE. CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, VS. Petitioner, LAZARO HERRERA, et al., Respondents. Case No.: 02-2211-CA Parcel No.: 183 OFFER OF JUDGMENT TO: Larry Valente c/o Kenneth A. Jones, Esquire ROETZEL & ANDRESS 2320 First Street, Suite 1000 Fort Myers, FL 33901 Consiglio N. Girurastante c/o Kenneth A. Jones, Esquire ROETZEL & ANDRESS 2320 First Street, Suite 1000 Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondents, LARRY VALENTI and CONSIGLIO N. GIRURASTANTE, for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Respondents, Respondents, LARRY VALENTI and CONSIGLIO N. GIRURASTANTE, arising out of the taking of Parcel 183, in the total amount of Six Thousand and No/100 Dollars ($6,000.00), for Parcel 183, which includes the amount of $5,000.00 which was deposited pursuant to the Order of Taking dated September 5, 2002. There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include interest from the date of the Order of Taking or attorneys fees and costs. The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondent(s) review upon reasonable notice of such a request. Dated this __ day of January, 2003. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile BY: HEIDI F. ASHT(O~ Florida Bar No. 0966770 ATTORNEY FOR PETITIONER · CERTIFICATION OF SERVICE I HEREBY CERTIFY that a tree and correct copy of the foregoing Offer of Judgment has been furnished by U.S. Mail, to Kenneth A. Jones Esquire, ROETZEL & ANDRESS, 2320 First Street, Suite 1000, Fort Myers, FL 33901, on this day of January, 2003. HEIDI F. ASHTON, ESQUIRE EXECUTIVE SUMMARY AUTHORIZE THE MAKING OF AN OFFER OF JUDGMENT TO RESPONDENTS, LAZARO HERRERA and ELIZABETH HERRERA, AND BERTO HERRERA AND LUCIA HERRERA, FOR PARCEL NO. 184 IN THE AMOUNT OF $6,000 IN THE LAWSUIT STYLED COLLIER COUNTY V. LAZARO HERRERA, ET AL., CASE NO. 02-2211-CA (IMMOKALEE ROAD PROJECT #60018). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032 Fla. Stat. to Respondents, Lazaro Herrera and Elizabeth Herrera, and Berto Herrera .and Lucia Herrera ("Respondents"), in the amount of $6,000, as full compensation, excepting attorneys fees and costs, for the condemnation of Parcel 184, in Collier County v Lazaro Herrera, et al., Case No. 02-2211-CA. CONSIDERATIONS: On September 5, 2002, an Order of Taking was entered in Collier County Circuit Court regarding the fee simple acquisition of Parcel 184 for the Immokalee Road project (Project No. 60018). On September 19, 2002, Collier County deposited with the Registry of the Court the sum of $5,000 for Parcel 184 in accordance with the Order of Taking. The Offer of Judgment, a copy of which is attached, offers the property owners of this Parcel, Lazaro Herrera and Elizabeth Herrera, and Berto Herrera and Lucia Herrera, the sum of $6,000 as full compensation for the property taken, including any severance damages, business damages, damages to the remainder, and costs to cure, but does not include attorney's fees or other such costs. This figure takes into account the basis for the appraised value and the potential risks and costs in proceeding to trial. The making of the Offer of Judgment will require the property owners to carefully assess their claims for compensation. Respondents have thirty days from the date of mailing the offer to accept. If Respondents accept, the County will be required to deposit an additional $1,000 into the registry, and the total sum of funds on deposit, or $6,000, will be paid to Respondents by Stipulated Final Judgment of the court. If Respondents reject the offer, and fail to recover more than $6,000 for Parcel No. 184, either through settlement or jury verdict, the County xvill not be required to pay any costs incurred by Respondents after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the terms of the Offer of Judgment to be reasonable. ~, .FFISC~AL IMPACT: unds in the amount of $1,000.00 are available in the FY 03 adopted budget. are Gas Taxes and Impact Fees. Source of funds GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 2. 3. 4. Approve the terms of the Offer of Judgment and authorize its service on Respondents, and Approve the expenditure of funds as stated; and Authorize $1,000 to be paid into the Registry of the Court in the event the Offer of Judgment is accepted by Respondents; and Approve Stipulated Final Judgment based on the acceptance of the Offer of Judgment. SUBMITTED BY: REVIEWED BY: Heidi F. Ashton Assistant County Attorney ROW Acquisition Manager Date: Date: Transportation/ROW REVIEWED BY: ~ Date: REVIEWED BY: APPROVED BY: Date: Gregg Strakaluse, Director Transportation/ECM Norm/Feder, Administrator Tranlportation Division David ~. Weige~, ~'6unty ~0torn y 2 t. z'Jo pg. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, VS. Petitioner, Case No.: 02-2211-CA Parcel No.: 184 LAZARO HERRERA, et al., Respondents. OFFER OF JUDGMENT TO: Lazaro Herrera and Elizabeth Herrera c/o Kenneth A. Jones, Esquire ROETZEL & ANDRESS 2320 First Street, Suite 1000 Fort Myers, FL 33901 Berto Herrera and Lucia Herrera c/o Kenneth A. Jones, Esquire ROETZEL & ANDRESS 2320 First Street, Suite 1000 Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondents, LAZARO HERRERA and ELIZABETH HERRERA, and BERTO HERRERA and LUCIA HERRERA, for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Respondents, Respondents, LAZARO HERRERA and ELIZABETH HERRERA, and BERTO HERRERA JAN 1 2G93 Pg. ~I and LUCIA HERRERA, arising out of the taking of Parcel 184, in the total amount of Six Thousand and No/100 Dollars ($6,000.00), for Parcel 184, which includes the amount of $5,000.00 which was deposited pursuant to the Order of Taking dated September 5, 2002. There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include interest from the date of the Order of Taking or attorneys fees and costs. The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondent(s) review upon reasonable notice of such a request. Dated this day of January, 2003. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile BY: HEIDI F. ASHTON "-" Florida Bar No. 0966770 ATTORNEY FOR PETITIONER CERTIFICATION OF SERVICE I HEREBY CERTIFY that a tree and correct copy of the foregoing Offer of Judgment has been fi.~mished by U.S. Mail, to Kenneth A. Jones Esquire, ROETZEL & ANDRESS, 2320 First Street, Suite 1000, Fort Myers, FL 33901, on this __ day of January, 2003. HEIDI F. ASHTON, ESQUIRE EXECUTIVE SUMMARY. AUTHORIZE THE MAKING OF AN OFFER OF JUDGMENT TO RESPONDENTS, THOMAS E. SAMS AND PATRICIA A. SAMS, FOR PARCEL NO. 191 IN THE AMOUNT OF $14,160 IN THE LAWSUIT STYLED COLLIER COUNTY V. GJR OF N. APLES, INC., ET AL., CASE NO. 02-2212-CA (IMMOKALEE ROAD PROJECT #60018). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032 Fla. Stat. to Respondents, Thomas E. Sams and Patricia A. Sams ("Respondents"), in the amount of $14,160, as full compensation, excepting attorneys fees and costs, for the condemnation of Parcel 191 in Collier County v G JR of Naples, Inc., et al., Case No. 02-2212-CA. CONSIDERATIONS,:. On September 5, 2002, an Order of Taking was entered in Collier ~ounty Circuit Court regarding the fee simple acquisition of Parcel 19 ! for the Immokalee Road project (Project No. 60018). On September 19, 2002, Collier County deposited with the Registry of the Court the sum of $11,800 for Parcel 191 in accordance with the Order of Taking. The Offer of Judgment, a copy of which is attached, offers the property owners of this Parcel, Thomas E. Sams and Patricia A. Sams, the sum of $14,160 as full compensation for the property taken, including any severance damages, business damages, damages to the remainder, and costs to cure, but does not include attorney's fees or other such costs. This figure takes into account the basis for the appraised value and the potential risks and costs in proceeding to trial. The making of the Offer of Judgment will require the property owners to carefully assess their claims for compensation. Respondents have thirty days from the date of mailing the offer to accept. If Respondents accept, the County will be required to deposit an additional $2,360 into the registry, and the total sum of funds on deposit, or $14,160, will be paid to Respondents by Stipulated Final Judgment of the court. If Respondents reject the offer, and fail to recover more than $14,160 for Parcel No. 191, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondents after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the terms of the Offer of Judgrnent to be reasonable. C~_FiSCAL IMPACT: Funds in the amount of $2,360.00 are available in the FY 03 adopted budget. are Gas Taxes and Impact Fees. GROWTH MANA(;EMENT IMPACT: None. Source of funds RECOMMENDATION--' That the Board of County Commissioners: 1. Approve the temps of the Offer of Judgment and authorize its service on Respondents, and 2. Approve the expenditure of funds as stated; and 3. Authorize $2,360 to be paid into the Registry of the Court in the event the Offer of Judgment is accepted by Respondents; and . 4. Approve Stipulated Final Judgment based on the acceptance of the Offer of Judgment. SUBMITTED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Heidi F. Ashtoa Assistant Co/~ Attorney '~~~/ Date: ~-vin l~n~ rd~.. ~', . . k ROW Acquisition Manager Transportation/ROW - Ir , Director Transportation/ECM N~o~r~ F~de%~ Administrator Date: Tralsportation Division _/~._&__:,__~- ~ ~ Date: David C. Weigel, Cot~nt~ Attom~ 2 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No.: 02-2212-CA Parcel No.: 191 VS o G JR OF NAPLES, INC., et al., Respondents. / OFFER OF JUDGMENT TO: Thomas E. Sams Patricia A. Sams C/o Jeffrey C. Quinn SPARKMAN & QUINN P.O. Box 7128 Naples, FL 34101-7128 Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondents, THOMAS E. SAMS and PATRICIA A. SAMS, for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Respondents THOMAS E. SAMS and PATRICIA A. SAMS, arising out of the taking of Parcel 191, in the total amount of Fourteen Thousand One Hundred Sixty and No/100 Dollars ($14,160.00), for Parcel 191, which includes the amount of $11,800.00 which xvas deposited pursuant to the Order of Taking dated September 5, 2002. There are no non-monetary terms or other relevant conditions to this offfaxexc.e~t_that this-.~ offer does not include interest from the date of the Order of Taking or attorneys yeesNa~d-costs. '---- [ JAN :': ?:3 The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondent(s) review upon reasonable notice of such a request. Dated this __ day of January, 2003. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile BY: HEIDI F. ASHTON Florida Bar No. 0966770 ATTORNEY FOR PETITIONER CERTIFICATION OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Offer of Judgment has been furnished by U.S. Mail, to Jeffrey C. Quinn, SPARKMAN & QUINN, P.O. Box 7128, Naples, FL 34101, on this ~ day of January, 2003. HEIDI F. ASHTON, ESQUIRE Pg. L~ 991PO2XO? JAN 08 '0~ 16:52 X CUTrVZ SVMM a,y AUTHOI~IZE THE MAKING OF AN OFFER OF JUDGMENT TO RESPONDENT, RICHARD C. MYERS, TRUSTEE, FOR PARCEL 123 IN THE AMOUNT OF $425,000.00 IN' THE LAWSUIT STYLED COLLIER COUNIT E ANTHONY F. ,IAiVCIGAR, A~ TRUSTE£, £T AL, CASE NO. 01)-0142-CA. PROJECT NO. 60111. OB,IECTIVE: Approve and authorize the making of an Offer of:Iudgrnent pursuant to Section 73.032 F.S., to Respondent, Richard C. Myers, Trustee, in the amount of $425,000.00 for the fee simple taking of Parcel 123 in Collier County v. ,4nthony F. Jancigar, as Trustee, et al., Case No. 00-0142-CA. .CONSIDERATIONS: On January 13, 2000, an eminent domain action was filed for the acquisition of property for the Pine Ridge Road project from Airport Road to Logan Boulevard. On April 6, 2000, an Order of Taking was entered by the Circuit Court as to Parcel 123. On April 20, 2000, the good faith estimate of value for the fee simple interest in Parcel 123 in the amount of $353,800.00 was deposited into the Court Registry, thereby vest/nE title in Parcel 123 in Collier County. The Offc-r of ~'udgment, a copy of wh/ch is attached, offers Richard C. Myers, Trustee, the property owner of Parcel 123, the sum of $425,000.00, as full compensation for the property taken, including any severance damages, business damages, damages to the remainder, and costs to cure. The $425,000.00 Offer of Judgment represents a $71,200.00 increase over the deposited $353,800.00 good faith estimate for value. The increase results from the follow/ng: The $353,800.00 value was based on an appraisal of the taking of 39,316 square feet of property at $9 p~ square foot (39,316 x $9 = $353,844, rounded to $353,800). The appraiser, Joe Miller, indicates that an updated trial appraisal will include sales data indicating that the fair market value of the property at the time of the taking was not $9 per square foot but was in fact approximately $10 per square foot, or $393,160.00, a difference of $39,360 over the deposit. The appraiser also now agrees with the property owner's assertion that driveway costs will increase by $15,000 as a result of the taking. Adding the $15,000 in driveway costs to the $39,360 increase in value will result in .the County's appraiser testifying at trial that the compensation due the property owner is $54,360 in excess of his appraisal tmderlying the good faith deposit. Adding statutory interest over three years on $54,360 results in the $71,200 difference, which outside counsel for tho County advises is the minimum liability to the County given this change in the appra/sal. The maldng of the Offer of lud~ent will require the property owner to carefully assess Ms claim for compensation. The Respondent will have thirty days from the date of mailing the offer to accept. If accepted, the total sum $425,000, includiug the $353,800 previously deposited, will be pa/d to the Respondent by Stipulated F/hal Judgment of the Court. If the Resp.ondent rejects the offer and fails to recover more than $425,000.00 for the fee simple interest in either through settlement or jury verdict, the County will not b~. required to pa~, any incurred by tho Respondent tho date of the offer's r~jection. This would include !any ~er~ ~ 2303 witness fees, such as appraisal fees. 991POB/O? JP~ 08 'OB 16:52 The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the terms of the Offer of Judgment to be reasonable.  '~x~SC~ ~ACT: Funds in the amount of $71,200.00 are available in the FY 03 adopted budget Source offunds ar~ Gas Taxes and Impact Fees. .G. ROWTH_ MAI~.,AGEMENT IMPACT: Consistent with the Collier County C~owth Management Plan. .RECOI~MENDATION: That the Board of County Comm/ssioners: 2. 3. 4. Approve the terms of the Offer of Judgment and authorize its service on Respondent, Richard C. Myers, Trustee; and Approve the expenditure of funds as stated; and Authorize $71,200.00 to be paid into the Registry of the Court in the event the Offer of Judgment is accepted by Respondent; and Approve Stipulated Final 3udgment based on the acceptance of the Offer of Judgment. SUBMITTED BY: REVIEWED BY: R.EVIEWED BY: REVIEWED BY: APPROVED BY: Assistant Co~ttomcy ,. Datc: ROW' Acq~iisitions Manager Transport~tion/KOW - ~ Date: Gregg Strakalus~tor Transpo.rtationfECM Non~l~dcr, A~lidstrator Tr?sportation Division c. weige , ^tt° ey 2 991PO4XO? JAN 08 '0~ 16:52 IN THE CIRCUIT COURT OF THE TWENTIETH ~UDICIAL CIRCUIT, IN AND FOR COLLIER COUNTY, FLORIDA COLLIER COUNTY, FLORIDA, a political subdivision of the state of Florida, Pefitioncr, VS. ANTHO~ F. ;IANCIGAR. AS TRUSTEB Under That Certain Unrecorded Trust Agreement 88-429-1, et al. Respondents. : : CASE NO.: 00-0142-CA PARCEL: 123 ,za'rI!.O . rE_a'S oF o l rer Petitioner, COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, in accordance with section 73.032, Florida Statutes, and Rule 1.442, Fh.R. Civ. P., makes this offer to Respondent, RICHARD C. MYERS, TRUSTEE, to have judgment entered against it in payment of full compensation for tho taking of Parcel 123 in this action in tho amount of Four Hundred Twenty Five Thousand and NO/100 Dollars ($425,000.00). This offer is sub,trod to Respondent to settle all claims p~mdlng, exclusive of attomey fees and costs and is based upon the following relevant conditions: 1. This otter is based on tho final conslruetion plans, and the wad project as built. A set of the final construction plans are in the possession and control of the project manager, and will be made available to Respondent upon request. 991 P05707 JAN 08 '0~ 16:5~ DATED this day of January, 2003. Craig B. Willis, Esquire Florida Bar #0257656 FIXEL & MAGUIRE 211 South Gadsden Street Tallahassee, Florida 32301 Telephone: (850) 681-1800 Facsimile (850) 681-9017 Heidi Ashton, Esquire Florida Bar #0966770 Assistant County Attorney Collier County Attorney's Of-flee 3301 East Tamiami Trail Naples, Florida 34112-4902 Telephone: (941) 774-8400 Facsimile: (941) 774-0225 Attorneys for Petitioner ,,CER,TI~FICAT,~, OF SERVICE I HEREBY CERTI]~ that a true and correct copy of the foregoing b~s been furnished by Facsimile and United States Mail to John P. Cardlllo, Esquire, Cardillo, Keith and Bonaquist, P.A., 3550 E. Tamiami Trail, Naples, Flor/da 34112-4999; and by United States Marl to Collier Coun~ Tax Collector, e/o Vincent Murphy, Esquire, Murphy Law Firm, 3785 North Airport Road, Naples, Florida 34105, on this day of J'anuary, 2003. Craig B. Willis, Esquire 2 *.2 Pg. FIXEI ~. biflGUIRE Fax :850681901'2 991 P06/07 JAN 08 '0~ 16:5~ Ja~ ~ 200~ 16:42 Y. 02 all l~¥H (~tolOl'N llllOl ell. IlO0 lllC~ Ill-lOS? /MININ? I~OHJ~l N IN¥lNll CONDgMNATION January 3, 2003 Fq c~qindle_&. U,s, Hoidi Ashton, Collier County Attorney's Office 3301 East Tamiami Trail Naples, Florida 341 CeMldential ~glller CQuntv-Plne Ridge Road l~rolect Property Owner: Rtohard C. Myers, Trustee -. Parcel 123 File No.: Dear Beidi: This is a r~qu~st for authorization to make a conservative Offer of' Sud~nent, ~ we discussed on the talephono yesterday. Thc pmlinmt circurm~aoes from which I mike my request ~ u follows: Collier Co~'s appraisal ~r th~ OM~ af T~ ~d d~osi~ w~ $353,S00.00 for ~o foe ~ of 39,316 squ~e feet ofpmpc~, ~oo Mill~, th: appraise, concluded t~t no sev~co da~cs ~aultcd ~om th~ ~. Thus, h~ ~sed t~ prope.y at $9.00 a sq~ foot He indicates that ~ updated ~I app~sal would ~ludm sales ~ ~t wu~d ln~c~e ~ ~o pmp~ m~ v~ue ~d be ~mx~atoly SI0,00 s squ~ ~ot, or S393,1g0.~ f~ ~o 39,316 sq~ fe~. He h~ ~so can~l~ ~t ~e ~p~ o~or's ~cl~on t~t ~e ~veway co~s Ms ~al t~any wo~d inc~e by S54,360,00, ~d~ ~ s~e c~s~es, ov~ ~ O~ of T~ iel~ony. U~er Nlofi~ ~w ~ j~ wo~d he ~~d ~ ~ a v~t of no less ~ ~is ~unt ~ ~u ~d ~e ye~ of~ m ~ ~ount or,he in~e~o, ~e ~tal ~o~t of the ff~ jud~t would be ~o~mately $4~,468.00. ~is is ~e minJm~ ~o~ of the CounW's liabiliw ~der lh~ scc~o. Under I mcenar|o in which tho jury returned a verdict in the amount of the lrDOT'm statcwidc average of a split of thirty percent (30%) of tho differencc of the appraisals, plus accrued interest, tho expected final judgment would total $481,612.00 (Spread - $188,340.00 X .3 -- ss6,s02 + sl6,gso[int ,t) - s?3,4s2 + $408,160 I $481.612.oo). . I, :, i ~ 2.:03 pg. Jan 991 PS?/O? JAN 08 '0~ ~ 16:42 16:53 BaSe Two ~ amotmt Tll ............. ~'-' -'-- ~---o that we could ,~naot tho outcome to b.c, · a~_q nan 00. In lim~ o! .... ' .... under tho pr~t cu~umstar~, ai mm, · aau~v~ ,~o, ,, ,, inte~em to .tile this ease at that amount. Pleue let me h~ar from you on this toques! u so~ as p_.o. ss.!b_le, as.January 10, 2003 i. the deadline for mslchxB a Settlement Proposal under thc It,W. of C~vtt i~mc~ura, Craig B.~illis '~ ' i:~C LIBN'~-ttW. olIlar*PIne p. Jdp~l~,qye rs.L~'l~Ashm~,ttr.d~a EXECUTIVE SUMMARY VA-2002-AR-3198, BEAU KEENE, PE, OF KEENE ENGINEERING, REPRESENTING TEC BUILDERS, INC., REQUESTING APPROVAL OF A 17.9-FOOT VARIANCE IN THE "E" ESTATES ZONING DISTRICT FROM THE REQUIRED 75-FOOT FRONT YARD SETBACK TO 57.1-FEET, IN ORDER TO CONSTRUCT A SINGLE-FAMILY DWELLING ON PROPERTY LOCATED AT 4045 33R° AVENUE NE, FURTHER DESCRIBED AS TRACT 31, GOLDEN GATE ESTATES, REPLAT 67A UNIT 67A. COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of County Commissioners consider a request for a 17.9-foot variance from the required 75-foot front yard setback to 57.1 feet to allow the construction of a single-family dwelling. CONSIDERATIONS: The applicant is requesting a 17.9-foot variance from the required 75-foot front yard setback, as required in the "E" Estates zoning district. The petitioner proposes a 57.1-foot front yard setback from NE 33rd Avenue (south boundary). The subject property is located at 4045 33rd Avenue NE, further described as Tract 31, Golden Gate Estates, Replat 67A Unit 67A. as recorded in Plat Book 9 Page 47 of the public records of Collier County, Florida. The subject project is consistent with the Future Management Plan and Land Development Regulations. The petitioner has advised property owners within requested variance. Land Use Element of the Growth 150 feet of the subject site of the FISCAL IMPACT: Approval of this variance will have no fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT: The site has an Estates Land Use designation on the County's Future Land Use Map. The Growth Management Plan does not address individual variance requests; the Plan deals with the larger issue of the actual use. Approval of this variance request will not affect or change the project's consistency with the requirements of the GMP. ENVIRONMENTAL ISSUES: An environmental impact statement is not required for single-family dwellings. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Environmental Advisory Council (EAC) does not normally hear variance petitions. PLANNING COMMISSION RECOMMENDATION: The Planning Commission heard the petition on December 19, 2002 and unanimously recommended approval by a vote of 7 to 0. There were no public speakers present for this petition. PLANNING SERVICES STAFF RECOMMENDATION: Staff has analyzed the guidelines associated with the variance request, and has determined that there are special conditions and circumstances that warrant approval of this variance. Staff offers that approval is the appropriate action, if the conditions recommended by staff are incorporated into the approval. Therefore, Planning Services staff recommends that the CCPC forward Petition VA-2002-AR-3198 to the BZA with a recommendation of APPROVAL WITH CONDITIONS: a) The variance granted is limited to the proposed front and rear yard encroachments along 33rd Avenue NE as depicted and more particularly described in the applicant's site plan included as Exhibit A; and b) Any residential dwelling structure erected on this lot must maintain a front yard setback on 33rd Avenue NE of no less than 30 feet, as measured from the northerly edge of the right-of-way of 33rd Avenue NE; and c) If a residential dwelling structure is constructed and then destroyed for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, all reconstruction of the structure must JAN 1 2003 ..... :_ .,, -:. _~,.~ .... conform to the provisions of the Land Development Code in effect at the time of reconstruction; and d) The entire 75-foot front setback along Oil Well Road must be maintained; and The front yard for any structure on this ~ot must utilize 33rd Avenue NE as the frontage, i.e. homes cannot be constructed using Oil Wel~ Road for access; all access must be from 33rd Avenue NE. JAil PREPARED BY: PRIN'OIPAL PLANNER DATE REVIEWED BY: SUS/AN MURRAY, AtCP PLANNING MANAGER MARGARET WUERSTLE, AICP PLANNING SEF~/ICES DIRECTOR DATE DAT APPROVED BY: _~ .. / / , DATE JOSEPH K. SCHMITT , cOMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR / VA-2002-AR-3332 JAN l~ 2003 MEMORANDUM TO' COLLIER COUNTY PLANNING COMMISSION FROM: CURRENT PLANNING SECTION; PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: NOVEMBER 19, 2002 SUBJECT: PETITION VA-2002-AR-3198 AGENT/APPLICANT: AGENT: Beau Keene, P.E. Keene Engineering 1199 First Avenue South Naples, FL 34102 APPLICANT: TEC Builders, Inc. 5263 Golden Gate Parkway, Unit A Naples, FL 34116 REQUESTED ACTION: The applicant is requesting a 17.9-foot variance from the required 75-foot front yard setback, as required in the "E" Estates zoning district. The petitioner proposes a 57.1- foot front yard setback from NE 33ra Avenue (south boundary). Petition VA-2002-AR-3198 GEOGRAPHIC LOCATION (See Attachment A): The subject property is located at 4045 33rd Avenue NE, further described as Tract 31, Golden Gate Estates, Replat 67A Unit 67A. as recorded in Plat Book 9 Page 47 of the public records of Collier County, Florida. ~¢r. NOA ~T~,2 "'7 JAN 1 ~ 2003 PURPOSE/DESCRIPTION OF REQUEST: The petitioner wishes to construct a single-family home on the subject property and has sought a building permit to do so. The permit application was put on hold when it was determined that the proposed structure would encroach into the front yard setback from 33rd Avenue. The applicant is seeking this variance to allow the structure to be located nearly in the center of the lot. The structure would meet all other required yard setbacks. The subject lot is one of a strip of lots positioned between Oil Well Road (the nOrth boundary) and 33rd Avenue NE (the south boundary) within Golden Gate Estates that have been re-platted (1967 -See Attachment D) in a configuration that is different from the majority of lots within Golden Gate Estates (See Attachment A). Instead of the more customary long and narrow configuration that comprises most of the Golden Gate Estates lots, this lot and the other similarly configured lots are wider than they are deep. The subject property has 330 feet of street frontage along both Oil Well Road and 33rd Avenue NE and is approximately 175.3 feet deep. The lot is a legally non-conforming lot as defined, and does not meet the minimum 2.25-acre lot size, which creates an additional hardship. The lot is technically buildable, however the potential structure would not be practical for living quarters. This lot is unusual in that a typical Estates lot comprises the minimum 2.25 acres and measures about 150 feet wide (the street frontage) by 660 feet deep. The subject lot comprises only 1.3 acres, and is approximately 330 feet wide by 175 feet deep. Additionally, this lot has two street frontages, requiring two full 75-foot front yard setbacks. The applicant states that the owner desires to construct a residence which is 43.08 feet deep (north/south) which requires encroachment into the required front yard on NE 33rd. The Collier County Land Development Code (LDC) Section 2.2.3. sets forth the following in the Purpose and Intent of the Estates zoning district: The purpose and intent of the estates district (E) is to provide/ands for Iow-density residential development in a semi-rural to rural environment, with limited agricultural activities. In addition to/ow density residential development with limited agricultural activities... The LDC addresses minimum yard requirements within the Estates zoning district in LDC Section 2.2.3.4.3.1-3. stating: 1. Front yard. 75 feet, except in the case of conforming corner lots, in which case only one full depth setback shall be required, along the shorter lot line along the street. The setback along the longer lot line may be reduced by up to 50 percent. Note: For lots, which do not conform to the minimum lot width or area requireme, ~, see definition of yard, front. Petition VA-2002-AR-3198 2 AGF..JNIOA ITEM~ JAN 2003 The LDC sets forth in the definitions (Article 6) that, "... all sides of a lot adjacent to streets are to be considered frontage", therefore the front yard setback applies to the frontage along both streets. The dual 75-foot front yard requirement poses a unique hardship for the subject lot because of the lot's shallow depth. The 33rd Avenue frontage includes 30 feet of road right-of-way (ROW), and the 75-foot front yard setback must be measured from the ROW line, subtracting a total of 105 feet from the depth of the lot. After subtracting another 75 feet from the Oil Well Road frontage (where the property line and ROW line coincide), only 25.3 feet of buildable depth remains, leaving a building envelope of 25.3 by 270 feet. GROWTH MANAGEMENT PLAN CONSISTENCY: The site is located in the Estates Land Use Designation on the County's Future Land Use Map. This land use category is described in the GMP as follows: The Estates Land Use Designation encompasses lands, which are already subdivided into semi-rural residential parcels (2.25 acres as an average) essentially consisting of the Golden Gates Estates Subdivision. Policy 4.1 of the FLUE notes that a Golden Gate Area Master Plan is in effect for this area as well. The Golden Gate Area Master Plan places the subject property within the Golden Gate Estates area, which: is characterized by Iow density semi-rural residential lots with limited opportunities for other land uses. Typical lots are 2.25 acres in size. However, there are some legal, non-conforming lots as small as 1.14 acres. The Golden Gate Area Master Plan and the Growth Management Plan do not address individual variance requests; the Plan deals with the larger issue of the actual use. As previously noted, the subject petition seeks a variance for a single-family home that is located within a single-family subdivision, which is an authorized use in this land use designation, therefore, the single family home use is consistent with the Future Land Use Map. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element, although the variance request is not specifically addressed. LAND USE AND ZONING (See Attachment B):, Subject: Surrounding: North- undeveloped lot zoned Estates Oil Well Road (State Route 858) East - South - undeveloped lot (same configuration) zoned Estates 33rd Avenue NE West - undeveloped lot (same configura Estates Petition VA-2002-AR-3198 AGEI~OA Il'EM") JAN 1 ~ _2003 ISubject Property I~ C.F~, P=~ ~[~ ~ - 501 31150I 51 17Ol It 19Ul 9~ !'1101111!112111a~ 3~iRO A /E~UE N,E. ~3 29 3? 49 52 69 72. 89 g2_ 10c 114 117 m 27 3~ 47 54 67 74 B7 04 107 118 ~.~ Z6 35 46 55 6B 75 ~6 95 loft 119 ~ 2[ITH A'/Eh UE N.,E. 120 u Petition VA-2002-AR-3198 NoRTH I !: ?AN1/ 2003 EVALUATION FOR IMPACTS TO TRANSP(9I~'TATION, INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infrastructure, transportation or the environment. ANALYSIS:. Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: a. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes. There is a land-related hardship. The lot is situated between two streets and has been re-platted in a configuration that makes the siting of a house of any dimensions difficult to attain. LDC Section 2.2.3.4.3 provides relief for "E" Estates zoned front yard setbacks involving conforming corner lots. The subject lot is non- conforming and not a corner lot. LDC Division 6.3 "Definitions" defines yard, front as: The required open space extending across the entire width of the lot between the front building line and street right-of-way line. Where double-frontage lots exist, the required front yard shall be provided on both streets except as otherwise provided for herein. Adherence to the required setback would limit any structure to a maximum of 25.3 feet in width. If the variance were approved, the width of the building envelope would be increased to 43.2 feet. That size would be more in keeping with the building area allotted to other building sites in Golden Gate Estates. See Attachment C. b. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? Yes. As previously noted the subject lot was replatted and the roadways dedicated July 18, 1967 as Golden Gate Estates Unit No. 67-A (See Attachment D). The current owner was not involved in that action. Petition VA-2002-AR-3198 JAN 1 ~ 2003 eo Will granting the variance be in harmony with the general intent ar of this Land Development Code, and not be injurious to the neighb otherwise detrimental to the public welfare? Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? Yes. If this variance were denied, the applicant would be forced to re-design the home with a 25.3-foot maximum buildable depth. Designing a one-story structure, the house would need to be at least 40 feet long to meet the 1,000 square foot living space requirement of the LDC. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Yes. The variance proposed is believed to meet the purpose and intent of the zoning district and allow a reasonable use of the land. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? No, a variance was approved for Tract 70 in Unit 67-A (VA-2002-AR-2445) for the same conditions. The granting of this variance will allow the petitioner to have a reduced street setback along the 33rd Avenue frontage. However, staff is proposing an LDC amendment in the 2nd cycle 2002 amendments that would allow al__[ lots similarly configured to enjoy a similar setback. In the proposed amendment, staff suggests that lots with the configuration of this lot be permitted to have a reduced setback along 33rd Avenue equal to 15 percent of the depth of the lot. Staff is recommending the same setback for this variance. Fifteen percent was determined to be an appropriate measure because legal non- conforming lots that cannot meet the required 30 feet side yard setback could reduce a side yard setback at ten percent of the width of the lot. Staff believes it is appropriate to require more frontage than that allowed for a side yard setback to address errant vehicle safety. This is not an issue with a reduced side yard setback. Lots that need to utilize the allowance for side yard reductions are, ironically, located across 33rd Avenue from the subject site. The LDC does recognize that lots in the Estates zoning district that are non- conforming in width and area are unique and need special consideration. Conforming corner lots are required to adhere to a front yard setback of 37.5 feet on the longer frontage. Setback relief is granted for non-conforming corner lots to 15 feet on the longer frontage. It seems appropriate, therefore to grant relief for the subject non-conforming lot. Petition VA-2002-AR-3198 JAN 1~ 2003 Yes. As proposed for approval the variance would allow the applicant to construct a home in a configuration and style similar to others in Golden Gate Estates. It appears that approval of this variance, as conditioned, would have a negligible effect upon the neighborhood and would not be detrimental to the public welfare. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes. The lot's location between two roadways makes compliance difficult as discussed above. There are 15 lots in Unit 67-A that all exhibit similar conditions. Assuming the proposed LDC amendment is approved, the subject 15 lots will allow home sites to be developed in a uniform and pleasing manner culminating in the highest and best use for these lots. h. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance petition will not affect or change the requirements of the Growth Management Plan. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions. PLANNING SERVICES STAFF RECOMMENDATION: Staff has analyzed the guidelines associated with the variance request, and has determined that there are special conditions and circumstances that warrant approval of this variance. Staff offers that approval is the appropriate action, if the conditions recommended by staff are incorporated into the approval. Therefore, Planning Services staff recommends that the CCPC forward Petition VA-2002-AR-3198 to the BZA with a recommendation of APPROVAL WITH CONDITIONS. Staff is recommending approval of the variance with the following conditions (Exhibit B to the resolution): 1. The variance granted is limited to the proposed front and rear yard encroachments along 33rd Avenue NE as depicted and more particularly described in the applicant's site plan included as Exhibit A; and 2. Any residential dwelling structure erected on this lot must maintain a front yard setback on 33rd Avenue NE of no less than 30 feet, as measured from the northerly edge of the right-of-way of 33rd Avenue NE; and ~ reas~,, {LI~ If a residential dwelling structure is constructed and then destroyed for an to an extent equal to or greater than 50 percent of the actual replaceme the structure at the time of its destruction, all reconstruction of the struc{ conform to the provisions of the Land Development Code in effect at th Petition VA-2002-AR-3198 reconstruction; and 4. The entire 75ofoot front setback along Oil Well Road must be maintained; and 5. The front yard for any structure on this lot must utilize 33rd Avenue NE as the frontage, i.e. homes cannot be constructed using Oil Well Road for access; all access must be from $3rd Avenue NE. The first two conditions relate to the site plan and pictorially and numerically clarify the limits of the variance approval. The next condition reiterates and embellishes upon LDC Section 2.7.5.7 regarding destruction and replacement of the structure. This condition recognizes the unique situation for the variance but requires any replacement or reconstruction of the home to be done in compliance with the regulations. The remaining conditions are intended to mirror staff's proposed amendment to the LDC to address these unusually configured lots and to ensure that this property owner is treated equitably. Further, the conditions have been included to avoid any hodge-podge or zigzag appearance among the homes constructed on the strip of lots, to ensure an increased street setback is maintained for 33rd Avenue NE, and to further prohibit multiple access points [home site driveways] along Oil Well Road which is a higher speed state roadway that is not intended to provide access to individual lots. These conditions are offered in the interest of public safety. PUBLIC INPUT: As of the date this staff report was prepared (November 19, 2002) no letters, either in support of, or in opposition to, this petition have been received. G:VA2002AR3198111402 Petition VA-2002-AR-3198 JAN 1 ~ 2003 PREPARED BY: PRI Nr~AL PLANNER REVIEWED BY: //- DATE SUSA~ MURRAY, AICP ~ CURRENT PLANNING MANrAGER DA'CE / ~'oC~. ~ E /~ICP ' DATE i ~IARGARE./T)W U ERSTL , DIRECTOF~, PLANNING SERVICES DEPARTMENT APPROVED BY: .JOSEPH K. S/C'HMITT, ADMINISTR  .~)MMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Collier County Planning Commission: KENNETH L. ABERNATHY, CHAIRMAN DATE Staff report for the Collier County Planning Commission Meeting Tentatively scheduled for the 2002 Board of County Commissioners Meeting Attachments: Petition VA-2002-AR-3198 B. C. D. Location/Site Map Reduced Copy Zoning Map Tract 31 Site Map Copy of Plat - Unit No. 67-A JAN I 2003- L(~6 '~1'$ JAN 1 ~1 ,! Z Z I I I ~ :~: ~ i i ~ VACANT LAND ~rrl I I ' I :1 I I Z ~ I I I ~ I ~.~' I i ~l i ~1I ~°1 I I ~ m 'E' 0z ~ ~ ~ ~ z O ~ ~ VACANT LAND ~ Z Z - i-- ~C BUILD~RS ~ 13-NO T ~-- VAR~CE P~mmm)ON ~HIBff PRO~[ ~ ~CT 31 S~( ( ON OIL WELL RD. ~ GOLDEN GA~ E~Ai~ UNff ~TA ~~~~---e z .-I GOLDEN. GATE ESTATES U NIT NO. ~7oA VARIANCE I'ETITION (VARIANCE FROM SI~TBACK (S) REQUIRF. I) FOR A PARTICULAR ZONING DIS'IRICT) Petition No. Commission District: Date Petition Received: Planner Assigned: VA-2002-AR-3198 PROJECT #2002100012 DATE: 10/8/02 DON SCHNEIDER ,\llt,)Vl,: '1'{) lie (7()MI'I,I,; I'i';I) IIY S'I',\i,'I: GENERAL INFORIMATION: i'etitioner'sName: TECBuilders, lnc. Petitioner's Address: 5263 Golden Gale l'arli~¥ay. Unit A Telephone: 239.352.2275 Fax#: 239.352.2193 E-Mail Addrcss: n/n NAPI.F.S, FI. 34116 Agent's Name: Beau Keene, I'.E. Agent's Address: KeeneEngineering 'Felet~hone: 239.403.0123 Fax#: 239.403.9399 1199 First Avenue South Naples, FL34102 E-Mail Address: civilsite@earthlink.net COI.,LIER COUNTY CO~IlMUNITY DEVEI,OPMENT I'LANN SERVICES/CUI~.RENT I'I,ANNING 2800 N. llORSESIIOE DRIVE - NAPLES, FI, 34104 PIIONE (941) 403-2400/FAX {941) 643-6968 Apldication fl)r Variance I'etilion - 6/24/02 lNG AGENDA ITEM ,~'-~ JAN lq 2003 Complete the following for all Association(s) affiliated with this petition. sheets if necessary) Name ofllomeowuer Associatiou: n/a Mailing Address Name of 1 lomeowner Associatio.: Mailing Address Name of ttomeowner Association: Mailing Address Name of Blaster Association: n/a Mailing Address Name of Civic Association: n/a Mailing Address PROPERTY DESCRIPTION: Legal Description of Subject Property: Subdivision: Golden Gate Estates Uuit Section 21 Twp. 48 S Range 28 E Acreage Number: 1.3 :~cres bletes & Bounds Descril)tion: Address of Subject Pi-operty: {If different fi'om Petitioner's address) (Provide additional City State __ Zip City State __ Zip City State __ Zip City State __ Zip City State ~ Zip 67A Lot (s) Tract 31 Block (s) n/a Property I.D. # 40120160000 n/a 'E'-vacant land LAND USE Curreut Zoning and Land use of Subject Parcel: Adjacent Zo.ing & Land Use: ZONING N R/W & A S IUW & E E E E Ai, plication for Variance Petition - 6/24/02 Oil Well Road IUW & Earthminiilg Operation Vacant I,and V:~ca.! I,and Vacant I~and Page 2 ,f9 JAN I q 2003 Miuimum Yard Requiremenls for Sul)jecl Property: Front: '75' Corner Lot: Yes F--] No X Side: 30' Waterfi'ont Lot: Yes [-'] No X Real': ii/a Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachtnent proposed t, sing numbers, i.e. reduce front setback fi'om 25' to 18'; when property owner purchased property; when existing principal structure xvas built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; elc. This petition is lo request n vnrinnce from the front yard setback requirement in the Estates zoning district of 75' to 66.0' on Oil Well Road (CR-858) and to 66.1' on 33"' Aveuue N.E. The I)roi)erty was nquired i, hlny 2002. The subject single family residence is proposed and n building permit application to Development Services is pending the results of this petition. The Owner desires to construct n residence which is 43.08' deep (norlh/soulh) which requires encroachment into the required front yards on both Oil Well Road and 33r° Avenue N.E. The average l)roperty del)th north/south is 175.3'; with the required front sethacks of 75' on both the north and south sides, the maximum depth of the residence permitted is only 25.3' or roughly the depth of a garage. The Owner desires to construct a more conventional home. Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that Ihe Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-8). (Please address this criteria using additional pages if necessary.) Application for Variance Petitiou - 6/24/02 Are there special conditions and circumslances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. This Estates trnct is substantially different Ihnt the majority of the Golden Gate Estales h'ncls in that the useable properly area fi'om the right-of-way line is 0nly 175' whereas this dimension is tyi)icnlly 630'. Although this trnct is n legal non- conforming parcel, Ihere aiq~ears to be no provisions in the I.l}.C. for Ihe reduction of required [rollt yards for Ihis parcel nllhough Ihere are substnntial front ?fi~nd ~1~ D reduction i)rovisions for non-conforming corner Iols. ~._~ ~ JAN I q ~003 Page 3 9 ~ Are the,e special coral{lions and ciJcumslanccs uhich do nol result from lhe action of IlJe apl~licanl st,ch as pie-existing coral{lions Jclalivc Io Iht propc,ly which is the suhjcct o1' tlJc v:u lance request. Ves~ as ilo{ed above. 3. \\'ill a literal interpretation of the provisions of this zoning code work tmnecessary and undue hardship on the applicant or creale practical difficulties on the applicant. The literal interpretation of the L.D.C. would dictate a maximun~ residence depth of only 25.3' ~hieh is undesirable to the Owner. 4. Will the variaqce, if granted, be thc minimum variance that will make possible lite ~-easonablc tJse of the land, building or slructure and which promote standards of health, safety or welfare. We feel the request roi' a 43.08' deep I-esidence is reasonable and the 9' variance to both front yards will not cause concerl~ roi' the health, safety, or welfare of tile neighborhood. 5. \Vill granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. We are unaware of ally special privileges tile Owner will receive through the gt-antit~g of this request 6. Will granting Ille va,lance be in ha, mony with the intcnl and J~,tll'pose ot'lhis zoning code. and ,Jot be injurious to the neighborhood, or olhe,xvisc dctsimenlal lo the public welt'are. We feel tile varia,lce,,','ili be ill hnrmonF with tile intent nnd purposes of the zoning ordinance and will not be inju,'ious 1o tile neighborhood or otherwise detrimental to the public welfare. 7. Are there natural conditions or physically induced comlitions that ameliorate the goals and objectives of the regulation such as nail, iai p, escrves, lakes, golf course, elc. 8o ~o \\rill granting lite variance be consistent uilh lite ~Jowth management plan. Yes, tile proposed variance is consisten! xvilh the GIXlP. Application for Variance I'etili(m - 6/24102 I'ag~ JAN 1 q 2003 I/A RIA NCE PE;17 lION AI'I'LICATION SUBSi ITTAL CHECKLIST TillS COSIPLETED CllECKLIST IS TO BE SUBMITTED WITIi AI'PLICATION PACKET! REQUIREMENTS COPIES REQUIRED 1. Completed Application 15 2. Completed Owner/Agent Affidavit, Notarized 1 3. Pre-application notes/minutes 15 4. Survey of property, showing the encroachment 1 (measured in feet) 5. Site Plan depicting the following: 15 a) All property boundaries & dimensions b) All existing and proposed structures (labeled as such) c) North arrow, date and scale of drawing d) Required scllmcks & prOlmSCd sell~acl;s 6. Location map depicting major slreets in area for 1 reference 7. Pre-Application fee, Application fee and Data - Conversion fee, checks shall be made payable to Collier County Board of Commissioners 8. Other Requirements- - As the authorized agent/applicant ['or this petition. I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failme to include all necessary submitlal information may result in the delay of processing oF this petition. ~~~ ~ate~ ~l~ant/Age~ Signature JAN lq 200.'3 Application for Varia,~ce Petition - 6/24/02 I'age 5 of 9 RESOLUTION NO. 03- RELATING TO PETITION NUMBER VA-2002-AR-3198, FOR A VARIANCE OF 17.9 FEET FROM THE REQUIRED FRONT YARD SETBACK OF 75 FEET TO 57.1 FEET ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-:102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and W'HEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 17.9-toot variance from the required front yard setback of 75 feet to 57.1 feet as shown on the attached plot plan, Exhibit "A", in an "E" Estates Zoning District for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County;, and WHEREAS, all interested parties have been given oppermnity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented: NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier County, Florida, that: The Petition VA-2001-AR-3198 filed by Beau Keene, P.E. of Keene Engineering, representing Henry Lara, with respect to the property hereinafter described as: Tract 31, Golden Gate Estates, Unit 67A, according to plat thereof recorded in Plat Book 9, Page 47, of the Public Records of Collier County, Florida. be and the same hereby is approved for a 17.9-foot variance from the required front yard setback of 75 feet to 57.1 feet as shown on the attached plot plan, Exhibit "A", of the "E" Estates Zoning District wherein said property is located, subject to the following conditions shown in Exhibit "B": BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA-2002-AR-3198 be recorded in the minutes of this Board. JAN 14 2003 This Resolution adopted after motion, second and majority vote. Done this day ot ,2003. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: , CHAIRMAN Approved as to Form and Legal Sufficiency: M~]~e M. Smde6t Assistant County Attorney VA.2002-AR -3198:DS~1o JAN 1/~ 2003 ..... ~ yLg JJNfi ~tYLS3 3.LYO N3CT'IO0 ~ ~ -- II , '~.o~.e~.oo. I I I I.,IJ __~. t~ bJ Z i i I I I CONDITIONS OF APPROVAL VA-02-AR-3198 a) The variance granted is limited to the proposed front and rear yard encroachments along 33rd Avenue NE as depicted and more particularly described in the applicant's site plan included as Exhibit A; and b) Any residential dwelling structure erected on this lot must maintain a front yard setback on 33rd Avenue NE of no less than 30 feet, as measured from the northerly edge of the right-of-way of 33rd Avenue NE; and c) If a residential dwelling structure is constructed and then destroyed for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, all reconstruction of the structure must conform to the provisions of the Land Development Code in effect at the time of reconstruction; and d) The entire 75-foot front setback along Oil Well Road must be maintained; and e) The front yard for any structure on this lot must utilize 33rd Avenue NE as the frontage, i.e. homes cannot be constructed using Oil Well Road for access; all access must be from 33rd Avenue NE. EXHIBIT "B" JAN 1 ~ 7.003 EXECUTIVE SUMMARY VA-2002-AR-2389 LINDA B. BERTHELSEN AND STUART S. MCDANIEL--REQUESTING VARIANCES IN THE RSF-3 ZONING DISTRICT FROM THE REQUIRED 30 FOOT FRONT YARD SETBACK PURSUANT TO LDC SECTIONS 2.2.4.4.4. AND 2.6.2. TO ALLOW: 1) AN AFTER-THE FACT 5- FOOT VARIANCE, TO 25 FEET, FOR THE EXISTING HOUSE; AND 2) A 5-FOOT VARIANCE, TO 25 FEET, FOR A PROPOSED POOL AND SCREEN ENCLOSURE, ON PROPERTY LOCATED AT 571 PIPER BOULEVARD, FURTHER DESCRIBED AS LOT 65, PALM RIVER ESTATES, UNIT 1, PLAT BOOK 3, PAGE 90 AS RECORDED IN COLLIER COUNTY PUBLIC RECORDS, COLLIER COUNTY, FLORIDA IN SECTION 23, TOXVNSHIP 48 SOUTH, RANGE 25 EAST. OBJECTIVE: Staff is requesting that the Board review staff's findings and recommendations along with the recommendations of the CCPC regarding the above referenced variance petition and render a decision regarding the variance petition. Petition VA-2002-AR-2389 Berthelesen McDaniel; Executive Summary CONSIDERATIONS'-. The applicants are requesting a variance from the required 30-foot front setback along Piper Boulevard (south boundary), to allow a 25-foot front setback for an existing house and a proposed pool screen enclosure. The subject property is located at 571 Piper Boulevard. The amount of the variance requested therefore is 5 feet. A home xvas constructed on the subject property in 1984, in compliance with the building permit, which was issued in error, showing a required front setback of only 25 feet instead of 30 feet. The petitioners purchased the lot with the existing home in 1997, unaware of any setback encroachments. The petitioners inquired about constructing a pool and pool enclosure, and discovered the home's setback encroachment. The petitioner xvants to bring the existing structure into compliance with the front setback requirements via a variance to allow it to remain where it is, and get approval to construct the pool enclosure at the same setback distance. Staff has analyzed the guidelines associated with the variance request, and has determined that there is a land-related hardship. The lot is situated in a platted, developed subdivision. All surrounding lots are developed with single-family homes. The petitioners cannot purchase any additional lands from adjacent property owners to bring the structure into compliance because the setback encroachment is adjacent to the developed Piper Boulevard right-of-way. Furthermore, this hardship is not the result of actions of the petitioner, since the home was constructed by others. The petitioners purchased the home many years after the home was constructed. The petitioners did not have knowledge of any setback encroachments. Approval of the variance to provide relief from the hardship will be in harmony with the general intent and purpose of the Land Development Code, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. No letters either in support of or opposition to this petition have been received. ~-~J'~__~C....~ JAN 1 q 2003 Page 1 of 3 P~. FISCAL IMPACT: Approval of this petition xvill have no fiscal impact on Collier County. GROgVTH MANAGEMENT IMPACT: Approval of this variance will not affect or change the requirements of the Growth Management Plan. ENVIRONMENTAL ISSUES: There are no environmental issues associated with this petition. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not loca~ted within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or waiver of Historic and Archaeological Survey & Assessment is required. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC did not review this petition because the EAC does not normally hear variance petitions. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This petition was heard at the December 5, 2002 CCPC meeting. Ms. Young motioned to forxvard petition VA-2002-AR-2389 with a recommendation of APPROVAL WITH CONDITIONS; Mr. Strain seconded the motion. The MOTION PASSED unanimously. PLANNING SERVICES STAFF RECOMMENDATION: Planning Services staff recommends that the CCPC for~vard Petition VA-2002-AR-2389 to the BZA with a recommendation of approval with the following conditions. The variance granted is limited to the after-the-fact front yard encroachment for the existing house and the proposed screen enclosure encroachment, along Piper Boulevard as depicted and more particularly described in the applicant's site plan dated October 2, 19.97, and stamped "Received April 25, 2002." This site plan is included as Exhibit A; and If the residential dwelling structure is destroyed for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, all reconstruction of the structure and accessory structures must conform to the provisions of the Land Development Code in effect at the time of reconstruction. JAN 2003 Petition VA-2002-AR-2389 Berthelesen McDaniel; Executive Summary Page 2 of 3 p~. ~ PREPARED BY: KAY DESELEM, AICP PRINCIPAL PLANNER REVIEWED BY: DATE SUSAN MURRAY, AICP '; CURRENT PLANNING MANAGER DATE /vI,~RGA~/t~_T WUEi~STLE, AICP PLANNIIgG SERVICES DIRECTOR APPROVED BY: i g-.t 7-r_.;'? DATE · ' ' DAT~ ' JOSEPH K. SCHMITT coMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Executive summary/VA-2001-AR-2617 Petition VA-2002-AR-2389 Berthelesen McDaniel; Executive Summary Page 3 of 3 ~_J°l %.' JAN 1 4 2003 O MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: CURRENT PLANNING SECTION; PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: October 18, 2002 SUBJECT: PETITION VA-2002-AR-2389 AGENT/APPLICANT: APPLICANT: Linda B. Berthelsen and Stuart S. McDaniel 571 Piper Boulevard Naples, FL 34110 REQUESTED ACTION: The applicants are requesting a variance from the required 30-foot front setback along Piper Boulevard (south boundary), to allow a 25-foot front setback for an existing house and a proposed pool screen enclosure. The subject property is located at 571 Piper Boulevard. The amount of variance requested therefore is 5 feet. The LDC establishes ti.se n.sinimum yard requirements within the RSF-3 zoning district in LDC Section 2.2.3.4.4., stating that ti.se minimum front yard requirement is 30 feet. The LDC establishes the setback requirements for the pool screen enclosure in LDC §2.6.2.1., Location of accessolq' buiklings and structures. That section of the code requires accessory structures to maintain' the same front setback as the principal structure, in this case, 30 feet. GEOGRAPHIC LOCATION: The subject property is located at 571 Piper Boulevard, further described as Palm River Estates Subdivision, Unit I, Lot 65, as recorded in Plat Book 3, Page 90, the public records of Collier County, Florida in Section 23, Township 48 South, Range 25 East. PURPOSE/DESCRIPTION OF REQUEST: A home was constructed on the subject property in 1984, in compliance with the buildir which was issued in error, showing a required front setback of only 25 feet instead o Petition VA-2002-AR-2389 CCPC Date: December 5, 2002 Page 1 ot~ 6 ITEM ; peJ/{~, 1 { ZOO3 30 feet. L.~ JANIi ~ 2C Tile petitioners purcl'tased the lot with the existing horr~e in 1997, unaware of any setback encroachn'~ents. The petitioners inquired about constructing a pool and pool enclosure, and discovered tile horne's setback encroachment. Tile petitioner wants to bring the existing structure into con.tpliance with the front setback requirements via a variance to allow it to remain where it is, and get approval to construct the pool and pool enclosure at the same setback distance. GROWTH MANAGEMENT PLAN CONSISTENCY: The site is located in the Urban Residential Land Use Designation on the County's Future Land Use Map. The Groxvtl.t Management Plan does not address individual variance requests; the Plan deals witl.t the larger issue of the actual use. As previously noted, the subject petition seeks a variance for an accessory structure on a single-family home that is located within a single-family subdivision, wl.tich is an authorized use in this land use designation, therefore, the single family home use is consistent with the Future Land Use Map. Based upon the above analysis, staff concludes ti'mt tile proposed use for the subject site is consistent with the Future Land Use Element. LAND USE AND ZONING: Subject: Surrounding: North - East - South - West - single family residential structure, zoned RSF-3 single family residential structure, zoned RSF-3 Flame Vine Drive, then a single-family residential structure; zoned RSF-3 Piper Boulevard, then a canal and then lmmokalee Road. then Stonebridge, a PUD zoned golf course community single family residential structure on Coral Vine Drive. zoned RSF-3 7 5 24 Subject property IMMOKALEE ROAD C.R. - HiSTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is not located within an area of' Petition VA-2002-AR-2389 CCPC Date: December 5, 2002 Page 2 o E 6 JAN lq 2003 historical & and archaeological probability as referenced on the official Collier County Probability Map. Therefore, a Historical/Archaeological SurYey and Assessment or waiver is not required. EVALUATION FOR 151PACTS TO TRANSPORTATIO._Q.~_N INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request ,,viii have no effect on infrastructure, transportation or the environment. ANALYSISA Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the C~)mmission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: a. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes. There is a land-related hardship. The lot is situated in a platted, developed subdivision. All surrounding lots are developed with single-family homes. The petitioner cannot purchase any additional lands from adjacent property owners to bring the structure into compliance because the setback encroachment area is along the right- of-way, and Piper Boulevard has been constructed within that right-of-way, therefore the property owners cannot buy right-of-way to extend the lot line to make up the missing five feet. Absent this variance approval, the only way to bring the existing structure into compliance would require five feet to be removed from the entire front of the structure. b. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? Yes. As previously noted the current owners purchased the subject property thirteen years after the house was constructed on the property. The current owners did not construct the house nor were they aware of the setback encroachment at that time. c. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant': Yes. If this variance is not approved, the applicant would be forced to remove five feet from the home to resolve the after-the-fact single family home variance, and the proposed pool and screen enclosure would have to be reduced in size. As noted above, this is a comer lot with two street setback and two side setback requirements; there really is no rear yard in which to put the pool. There does not appear to be any other area on the lot upon which to place a pool and screen enclosure. No._ Petition VA-2002-AR-2389 CCPC Date: December 5, 2002 Page 3 o~ 6 de fo Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? The variance proposed is the minimum variance to alloxv the existing house to remain. The variance request to allow construction of a pool enclosure is subjective, and may not be the minimum Yariance but seems reasonable given the fact that the screen enclosure will align with the setback line of the house. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in tbe same zoning district? Yes. The granting of this variance will alloxv the petitioner to have a reduced front setback along Piper Boulevard. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes. As proposed for approval the variance would allow the petitioners' home to remain. It appears that approval of this variance, as conditioned, would have a negligible effect upon the neighborhood and would not be detrimental to the public welfare. The structure has been located at a 25-foot front yard setback for eighteen years with no -known negative impacts to the surrounding neighborhood. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No. Will granting the variance be consistent with the Growth Management Plan (GMP)? Approval of this variance petition will not affect or change the requirements of the GMP. EAC RECOMMENDATION:. The Environmental Advisory Council does not normally hear variance petitions. In this particular petition, the site is completely developed therefore there are no outstanding environmental issues. PLANNING SERVICES STAFF RECOS~IMENDATION: Staff has analyzed the guidelines associated with the variance request, and has determined that,,. there are special conditions and circumstances that warrant approval of this varian¢ i. offers that approval is the appropriate action, if' the conditions recommended by .tat't)Im'_e incorporated into the approval. Therefore, Planning Services staff recommends that ti CCPC forward Petition VA-2002-AR-2389 to the BZA with a recommendation of APPROVA V,~ ] t~ 2003 Petition ¥^-2002-,a,R'2380 (;CPC Date: December 5. 2002 Pa9e 4 ot~ 6 CONDITIONS. Staff is recommending approval of the variance with the following conditions (Exhibit B to the resolution): The variance granted is limited to the after-the-fact front yard encroachment for the existing house and the proposed pool and screen enclosure encroachment, along Piper Boulevard as depicted and more particularly described in the applicant's site plan dated October 2, 1997, and stamped "Received April 25, 2002." This site plan is included as Exhibit A; and '~ If the residential dwelling structure is destroyed for any reason, to an extent equal to or ~' greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, ali reconstruction of the structure and accessory structures must conform to the provisions of the Land Development Code in effect at the time of reconstruction. The first condition relate to the site plan and pictorially and numerically clarify the limits of the variance approval. The next condition reiterates and embellishes upon LDC Section 2.7.5.7. regarding destruction and replacement of the structure. TI'tis condition recognizes the unique situation for the variance but requires any replacement or reconstruction of the home to be done in compliance with the regulations. As of the date this staff report was prepared (October 18, 2002) no letters, either in support of. or in opposition to, this petition have been received. JAN 1 ~ 2003 ............ P_e,,!jjc~,.v~A:?0~?~.~389 CCPC Date: Decem.b~?' 5~ 2002 Page 5 o [ 6 PREPARED BY: KAY~ESELEM, AIC PRINCIPAL PLANNER REVIEWED BY: DATE SAN MURRAY, CURRENT PLANrNING MANAGER -/z-O-Z---- DATE GAP~ \\rUERSTLE, AICP ~ DIRECT(~, PLAN~ING SERVICES DEPARTMENT APPROVED BY: } / DATE KEN,~ETH L. ABERNATHY, CHAIRMAN DATE + Staff report for the December 5, 2002 Collier County Planning Commission Meeting Tentatively scheduled for the January 14, 2002 Board of County Commissioners Meeting Petition VA-2002-AR-2389 CCPC Date: December 5, 2002 Page6 of 6 ITEM JAN 1 ~ i'003 VARIANCE PETITION_ (VARIANCE FROM SETBACK (S) REQUIRED FOR A pARTICULAR ZONING DISTRICT) Linda Berthelsen & Stuart McDaniel Date Petition Received: Project: 2002040010 Date: 4/25/02 Commission District: Planner Assigned: ABOVE TO BE CO5[PLETED BY STAFF GENERAL IN'FORMATION:. Petitioner's Name: ' Petitioner's Address: Agent's Name: Agent's Address: Telephone: Application for Variance Petition - 8/98 Page JAN lq 2003 .11 cOLLIER coUNTY coMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT pLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association:_ "-~O./~ '~',U¢ (' Mailing Address ~--'~O"~Dq")X [[OOO~ _City~ Name of Homeoxvner Association: Mailing Address City_ State _ _ Zip_____.__ Name of Homeowner Association: Mailing Address City State ____ Zip Name of Master Association: Mailing Address City _ State ____ Zip _ Name of Civic Association: Mailing Address City . State ~ Zip_ PROPERTY DESCRIPTION-: Legal Description of Subject Property: Subdivision: ~& \ r~ ~" ~/e ( -- Section _ _ Twp._ Metes & Bounds Description: Application for Variance Petition - 8/98 Unit'_ _ Range _ Block (s) __ Page 2 2003 r_s ..IZ Lot (s) ~ ~- - _ Property I.D. # _ (') 0 O 0 O (~ 5 ~ ''q D._~ CO00~ Address of Subject Property: (If different from Petitioner's ad&ess) Current Zoning and Land use of Subject Parcel: Adjacent Zoning & Land Use: ZONING LAND USE_ Minimum Yard Requirements for Subject Propert3': Front: Corner Lot: Yes ~ No E3 Side: Waterfront Lot: Yes ~] No Rear~ Antflication for Variance petition - 8~98 JAN 14 2003 Page 3 of 8 Nature of Petition. Provide a detailed explanation of the request including what structures are existing and what is proposed; the mount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-8). (Please address this criteria using additional pages if necessary.) 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, smacture, or building involved. 2~'1-~ e.. SO. O'~ e_. -~- f ~ . ..... action of the applicant Are there special conditions and circur'~stances which do not result from me 2. such as pre-existing conditions relative to the property which is the subject of the variance request. , . . '~. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. 4. Will the variance, Lf grantecl, be the minimum variance that will make poss~le the reasonable ~e of the land, building or suaacture and which promote standards o£health, safety or welfare. Will granting the variance requested confer' on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or swactures in the same zoning district. - ' '. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. -T~ '4-' ' - . . ' , Ate there natuxal conditions or physically induced conditions that ameliorate the goals and .. objectives of the regulation such as natural preserves, lakes, golf course, etc. Will granting the variance be consistent with the growth management plan. & ff--O F JAN 1 ~ 2003 VARIANCE PETITION APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! # OF REQUIREMENTS coPIES mmmm D 15 tion t~} ~om;leted Ow~N°tarized 1 3. Pre. appficauon 4. Survey of property, showing the encroachment 1 easured in feet) 15 Site Plan depicting the following: a) All property boundaries & dimensions b) All existing and proposed structures 0abeled as such c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Location map depicting major streets in area for 1 .'o reference - 7. Pre_Application fee, Applicaton fee and Data Conversion fee, checks shall be made payable to Collier County Board of Commissioners - Other Requirements - As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result ia the delay of processing of this petition. - ApplicanffAgent gn Date AG~A IT~ JAN lq 2003 VARIANCE PETITION Date: PRE-APPLICATION SLEETING NOTES & SUBMITTAL CHECKLIST Time: Project Name: Project Addr/Location: Applicant N'ame: Firm: ~ Type of Petition: Owner Name: Owner Address: Planner: Phone: Current Zoning: Phone: Meeting Attendees: SUBMITTAL REQUIREMENTS: "(~_ ,~ 15 copies of completed Application - ~ ]~. Addressing Checklist signed by Addressing Dept - 3) ~ Pre-application meeting notes ' . ,, -- ~/~; ~ 15 copies of Conceptual Site Plan 24" X :56 plus (one 8 ¼ X 11 copy) · ,, ~,'." ~[/Completed Owner/Agent Affidavits, Notarized ,-.-~,,~-'"~' .~'~' 2 copies of Deed ' .'?: ~ 2 copies of List ider~tifying Owner & all parties of corporation _,~i']:~ Location map . ,.., ,-:~' ~ ...... 5.co~ies of Aeria Photonrat)h ftakel; y_c__tt~in the previous 12 months). [] I/~~ 4 copies of ElS or ElS waiver ~ t 4copiesofTIS ~ copies of Utility Provisions Statement with sketches Historical Survey or waiver request Public Padicipation Meeting affidavit, notes Pre-application Fee $300.00 (to be credited toward application fee below) [] Fees: $1000.00 Application Fee 25.00 Data Conversion OTHER' REQUIREMENTS: NOTES: Agent/Owner Signature pc:o( . Date: ...... - Project Name PRE-APPLICATION MEETING SIGN IN SHEET Date of Meeting PLEASE PP~NT Name Division/Dept Regarding Phone Number JAN 1 ~ 2003 RESOLUTION NO. 03- RELATING TO PETITION NUMBER VA-2002-AR- 2389 FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC)(Ordinance No. 91-102, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly constituted and lawfully assembled Board of the area hereby affected, has held a public heating after notice as in said regulations made and provided, and has considered the advisability of an after-the-fact 5-foot variance from the required front yard setback of 30 feet to 25 feet for the existing house and a 5-foot variance to 25 feet for a proposed pool and screen enclosure as shown on the attached plot plan, Exhibit "A," in a "RSF-3" Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given an opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that Petition VA-2002-AR-2389 filed by Stuart McDaniel, representing Linda T. Berthelsen & Stuart McDaniel, with respect to the property hereinafter described as: Lot 65, Palm River Estates, Unit 1, as recorded in Plat Book 3, Page 90, as recorded in Collier County Public Records, Collier County, Florida, be and the same hereby is approved for a 5-foot after-the-fact variance from the required front yard setback of 30 feet as set forth in LDC Sections 2.2.4.4.4. and 2.6.2, respectively, to 25 feet for the existing house, and a 5 foot variance to 25 feet for a proposed pool and screen enclosure as shown on the attached plot plan, Exhibit "A," of the RSF-3 Zoning District wherein said property is located, subject to the attached conditions (Exhibit "B"): BE IT FURTHER RESOLVED that this Resolution relating to 2002-AR-2389 be recorded by the Clerk in the minutes of this Board. ~etitio~4~~~ This Resolution adopted after motion, second and majority vote. Done this ATTEST: DWIGHT E. BROCK, Clerk day of ,2003. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA CHAII~MAN Approved as to Form and Legal Sufficiency: Assistant County Attorney Attachments: Exhibit A--Plot Plan, dated October 2, 1997, and stamped Received April 25, 2002 Exhibit B, Conditions VA-2002-AR-2389/KD/sp AO~NOA I~ JAN ~ 2003 JAN 1~ 2003. CONDITIONS LINDA B. BERTHELSEN AND STUART S. MCDANIEL Petition # VA-2002-AR-2:~89 The foregoing vadance petition approval is subject to the following conditions: The variance granted' is limited to the after-the-fact front yard encroachment for the existing house and the proposed pool and screen enclosure encroachment, along Piper Boulevard as depicted and more particularly described in the applicant's site plan dated October 2, 1997, and stamped "Received April 25, 2002." This site plan is included as Exhibit A; and If the residential dwelling structure is destroyed for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, all reconstruction of the structure and accessory structures must conform to the provisions of the Land Development Code in effect at the time of reconstruction. Revised: 10/17/02 VA-2002-AR-2389 Exhibit B G:\Current~Deselem~Variances~/,c Daniel - Berthelsen, 571 Piper-VA-2002-AR-2389\Conditions.doc AGENOA ITEM~, JAN lq 2003 EXECUTIVE SUMMARY ADOPT AMENDMENT TO ORDINANCE 99-85 (codifted at s. 126-2, Collier County Code of Laws and Ordinances) IMPLEMENTING THE RECENTLY ENACTED PROVISIONS OF S. 196.075, FLA. STAT. .(Additional Homestead Exemption for Persons 65 and Older) ~ To adopt an amendment to Collier County Ordinance 99-85 in order to implement the~ newly enacted changes to the homestead exemption for persons 65 and older provided in s. 196.075. Fla. Stat. CONSIDERATIONS:. Senate Bill 2014 was siencd into law on April 18, 2002, and became ~ffective on January 1. 2003. The bill amends § 1~6.075, Fla. Stat., which statute was enacted in 1999 to provide an additional homestead exemption for those persons 65 and older. In summary, the bill includes a number of changes to the administrative procedures fox' the authorization and application of this exemption. On September 24. 2002, the Board directed the Office of County Attorney to prepare an amendment to Ordinance 99-85, which ordinance implements the original provisions of s. 196.075. Fla. Stat. (also codified at s 126-2. Collier County Land Development Code), to incorporate these recent changes in the law. A copy of the proposed amending ordinance is attached hereto. In summary, this amendment to Ordinance 99-85 tracks the language of the legislative changes and (1) requires the taxpayer to include in its sxvorn statement an attestation as to the accuracy of the supporting documentation and authorization for review of the documentation by the property appraiser: (2) provides for the submission of supporting documentation for renewal of exemptions only when requested by the property appraiser: (3) requires the property appraiser to return the documents to the taxpayer after review or destroy them: (4) permits random audits by the property appraiser: (5) requires a taxpayer to submit certain IRS forms releasing its tax inforrnation; (6) prohibits a property appraiser from granting and "renewing" an exemption if the requested documentation is not received: (7) provides for thc imposition of penalties and interest in cases where the property appraiser has determined that this additional homestead exemption was improperly requested and received; and (8) requires the property appraiser to give the taxpayer notice of its intent to file a tax lien and thirty days to pa)' the taxes, penalties and interest before imposition of the lien. The proposed (amending) ordinance has been advertised in advance of this hearing and in accordance with Florida law, and has been coordinated with the Property Appraiser. FISCAl. IMP,\CT.'.. None. (;ROWTI! M:\NAGEMENT I~IPACT: None. RECOMMENDATION: That the Board of County Commissioners adopt the attached ordinance amending Ordinance 99-85, and s. 126-2 of the Collier County Code of Laws and Ordinances. Ellen T. Chadwell'~~ Assistant County Attorney APPROVED BY: David C. Weigel, County l.~torney Office of County Attorney Date: Date: 2 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ORDINANCE NO. 03- AN ORDINANCE AMENDING ORDINANCE NO. 99- 85, SECTION 126-2, CODE OF LAWS AND ORDINANCES OF COI.LIER COUNTY, FLOR1DA, PROVIDING FOR THE RETURN OR DESTRUCTION OF TAXPAYER DOCUMENTS, SWORN STATEMENTS BY TAXPAYERS AND RANDOM AUDITS BY TilE PROPERTY APPRAISER; PROVIDING FOR IMPOSITION OF PENALTIES AND LIENS; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFI.ICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 1999 the Florida Legislalure created Section 196.075, Florida 19 Stalutes, providing that in accordance with Section 6(13, Arl. IV of the State Constitution, 20 the Board of County Commissioners of any county or the governing attlhority of any 21 municipality may adopt an ordinance lo allo',v an additional homestead exemption of up 22 to $25,000 for any person ,,,.,ho has the legal or equitable lille to real estate and maintains 23 thereon the permanent residence of the owner, x,,'ho has attained age 65, and ~'hose 24 household income does not exceed $20,000; and 25 WHEREAS, the Collier County Board of Cot~nty Commissioners desires to 26 provide this benefit to the residents of Collier County ~'ho meet thc qt~alif)'ing criteria 27 and has qdopted Ordinance 99-85 to allow this additional homestead exemption; and 28 WHEREAS, in 2002 the Florida Legislature amended Section 196.075 to provide 29 for lhe return and destruction of documents submitted by the taxpayer ;md the submittal 30 of a sworn statement by the taxpayer, to authorize random audits and release of tax 31 information from the Internal Revenue Service to the properly appraiser, and lo impose 32 penalties, interest and liens; and 33 WHEREAS, the Collier County Board of County Commissioners desires ~o 34 amend its ordinance so as to incorporate these new legislative changes. 35 NOW, TllEREFORE, BE IT ORDAINED BY TilE BOARD OF COUNTY 36 COSI,XIISSIONERS OF COl.l.lEl~l COUNTY, FI.ORIDA th.'~t: SECTION ONE: AMENDMENT TO SECTION FIVE OF COI.I.IER COUNTY ORDINANCE NO. 99-85, SI'.'CTION 126-2 OF TilE COi)E O1: I.AWS AND 37 38 39 40 41 42 43 ORI)INANCI,;S OF COI.I.II;.R COUNTY, FI~ORil)A. I Words t~ndcrli ned arc added; words .,,,~t,~Im,~tgh arc delcled. 2003 ! 3 4 5 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Section Five of Collier County Ordinance No. 99-85, Section 126-2 of the Code of Laws and Ordinances of Collier County, Florida, is amended to read as follows: SECTION FIVE: ELIGIBILITY AND APPLICATION The exemption applies only to taxes levied by the Board of County Commissioners of Collier County, Florida, including dependent special districts and municipal service taxing units. Those persons entitled to the homestead exemption in Section 196.031, Florida Statutes, may apply for and receive an additional homestead exemption tis provided herein. The taxpayer claiming the exemption is required to annually submit to Ihe property appraiser, not later than March I, a sr,'om statement of household income on a form prescribed by the Department of Revenue. Copies of any federal income tax returns for the prior year, any ,,,,,age and earnings statements (W-2 forms~, any request for an extension of time to file returns, and an)' other documents required by the Dcparlmcnt, for each member of the household, must be submitted by J'ane ! for inspection bv the property appraiser. The taxpayer's sworn statement shall attest to the accur;lcy of the ~ documents and grant permission to allow review of the documenls if requested by the pror~ertxl appraiser. Submission of st|pportino, documentation is not required for renewal of an exemption unless requested by Ihe property appraiser. Upon inspection of the documents by the property appraiser, they sh.'dl be returned to lhe taxpayer or destroyed. The property appraiser is authorized to eenerate r:mdom at,dits o~ taxpa,~'er's sworn statements to ensure the accuracy of the household income reported. If selected for an audit, a taxpa'~'er shall complete lnternal Revenue. Service Form 8821 or 45{16, authorizinv, the Inlernal Revenue Service IO release tax information to the property appraiser. All reviews in accord.'mce with this. section shall be completed before June I 'suc-k-eop~. Thc property appraiser may not grant or renew the exemption if ~ the required documentation requested. is not provided.. W~rds .umlcrlinct~l are added; wnrds .,,Ir-u~k-qlm,~h ;~r¢ dclclcd. I SECTION TWO: AMENDMENT TO COLIAER COUNTY ORDINANCE NO. * 99-85, SECTION 126-2 OF TilE CODE OF LAWS AND ORDINANCES OF 3 COLLIER COUNTY, FLORIDA, TO ADD SECTION SIX ENTITLED 4 "iMPOSITION OF PENALTIES AND LIENS." 5 6 Collier County Ordinance No. 99-85, Section 126-2 of the Code of Laws and 7 8 Ordinances of Collier County, Florid;t, is amended to read as follows: 9 10 SECTION SIX: IMPOSITION OF PENALTIES AND LIENS I I If the property appraiser determines that for any year wilhin the immediate. 12 prior ten years a person who was not entitled to the additional homestead 13 exemplion was eranted such an exemption, the property appraiser will serve upon 14 the property owner a notice of intent to record in the public records of Collier 15 County a notice of tax lien against any property owned by that person in Ihis 16 County. The propeav must be identified on the notice of tax lien. Any r~roper~.v. 17 that is owned by the taxpayer and is located in the State of Florida is subject lo the 18 taxes exempted bv the improper erant of the homeslead exemption. 19 In addilion to the taxes, a penalty of 50 percent of the unpaid taxes for 20 each year and interest at :l rate of 15 percent per annum will be assessed. If such 21 an exemption was improperly eranled as a result of a clerical mistake or an 22 omission by Ihe property appraiser, the person v. ho improperly received the 23 exemption may not be subiect to the assessment of the penalty or interest. Before 24 such a lien may be filed, the owner must be eiven a thirty (303 day period within 25 which to pay the taxes, penahies and interest. Such a lien is subicct to the 26 procedures ;md provisions set forlh in s. 196. 161(3), Fla. Stat. 27 SECTION TIIREE: INCLUSION IN TIlE CODE OF LAWS AND ORDINANCE. 28 The provisions of this Ordinance shall become and be made a part of the Code of 29 Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be 30 renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed 31 to "section," "article," or any other appropriate word. 32 SECTION FOUR: CONFIACT AND SEVERABILITY 33 In the event this Ordinance conflicts with tiny other Ordinance of Collier Courtly 34 or other applicable law, the more restrictive shall apply. If any phrase or portion of the 35 3 36 W~)rds underlined are added; ,.,.asrds ~41~.~gh are deleted. Ordinance is held invalid or unconstitulional by any courl of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. 7 PASSED AND DULY ADOPTED by the Board of County Commissioners of 8 Collier County, Florida, this ._day of ., 2003. 9 I0 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 29 3O 31 ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: ,CHAIRMAN Approved as to form and legal sufficiency: Ellen T. Chadwell (~ Assislant County AuCn~y 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 ,',: -: ' 17