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Agenda 12/01/1998 R ('h:rk To '1 hc l',(~;,rd .',.1. COLLIER COUNTY Admm'4d} BOARD OF COUN~ COMMISSIONERS I AGENDA December 1, 1998 9:00 a.m. NOTICE: ALL PERSONS WISIIING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS 3IUST REGISTER gVITlt Tile COUNTY AD~IlNISTRATOR PRIOR TO Tile PRESENTATION OF Tile AGENDA ITEM TO BE ADDRESSED. REQUESTS TO Al)DRESS 'rile BOARD ON St;BJECTS WItlCll ARE NOT ON Tills AGENDA MUST BE SUBNilTTED IN ¥,'RITING 'o,'IT II EXPLANATION TO Tile COUNTY ADNIlNISTRATOR AT I.EAST 13 DAYS PRIOI{ TO Tile DATE OF Tile MEETING AND WILL BE IIEARD UNDER "PUBLIC PETITIONS". ANY PERSON V,'IIO DECIDES TO APPEAL A DECISION OF Tills BOARD WILL NEED A RECORD OE Tile PROCEEDINGS PERTAINING TIIERETO, AND TIlEREFORE ~IA¥ NEED TO ENSURE TIIAT A VERBATi31 RECORD OF TIlE PROCEEDINGS lS .',lADE, WIIICil RECORD INCLUDES Tile 'I'ESTI.MONY AND EVIDENCE UPON WtllCll Tile APPEAL IS TO BE BASED. ALL REGISTERED Pt'BI.lC SPEAKERS WILl. BE LIMITED TO FIVE ($) MINUTES UNLESS PERNIISSION FOR ADDITIONAL TI31E IS GRANTED BY 'ri~E ClIAIR31AN. ASSISTED LISTENING DEVICES FOR Tile llEARING IMPAIRED ARE AVAIl.ABLE IN Tile COUN'r¥ CONINIISSIONERS' OFFICE. LUNCIt RECESS SCItEDULED FOR 12:00 NOON TO 1:00 P.M. I. INVOCATION - Reverend f)arid V,'oerner, Eaq Naples United 5lclhodls! Church 2. PI.EDGE OF A[.I. EGIANCE 3. APPROVAl. OF AGENDAS A. APPROVAL OF CONSENT AGENDA. B. APPROVAl. OF St'31.MARY AGENDA. C. APPROVAL OF REGULAR AGENDA. 4. APPROV.-kL OF 511NUTES 5. PROCLAMATIONS AND SERVICE A~VARDS A. PROCLAMATIONS 1) Pre~,cntatlon r~f an Oulst;mdinR Public Interest Project A~¥ard from lhe Dcparlment of Environmental Proleclion Bureau of Mine Reclamation for the Slate Road 951 Borrow Pit al Ihe entrance Io the Fiddler's Creek Developmenl. I Dcc. clllb¢ r 1. B. SERVICE AWARDS 1) Ronald Nino, Planning Sc~'iccs - 10 >'ears C. PRESENTATIONS 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CitANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS A. Lar~' Bradley representing Mayflm~cr Congregational United Church requesting a refund of water and sc~cr impact fees. 8. COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRON,MENTAL SERVICES 1) Terrance L. Kepple rcprc~ntJng Boy Scouts of America, Troop 274, requesting a ~'aivcr of a Temporary U~ Permit fcc for an antique and classic car show to he held on December 12, 1998 at 2550 lmmokalee Road, Collier CounLv. Florida. 2) Staff recommendations on options for the creation of a plan of development for the area of North Naples located east of U.S. 41, south of the Collier-L~c count.',' line, west of interstate 75, and north of lmmokalec Road, and to provide a completion ~hcdulc for each of the options proposed. B. PUBLIC WORKS C. PUBLIC SERVICES D. SUPPORT SERVICES E. COt;NTY AD,MINISTRATOR F. AIRPORT AUTilORITY 9. COUNTY ATTORNEY'S REPORT A. Report Io Iht Board ,~iIh respect to Ibc las~ suit entitled Lav,'rne Blanfi~rd v. Collier County, ct aL, ca.~ no. 97-209-CIV-FTM-26D / Direction 10. BOARD OF COUNTY COMMISSIONERS I1. OTIIER ITE;MS A. O'FIIER CONSTITUTIONAL OFFICERS B. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE ItEARD IMMEDIATELY FOLLOWING STAFF ITEMS 2 December i. 1998 12. ADVERTISED PUBLIC ttEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS C. OTIIER 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC IIEAR1NGS B. OTHER 14. STAFF'S COMMUNICATIONS 15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 16. CONSENT AGENDA. All matlers li~ted under Ihi~ item are con.~idered to be routine and action ~ill be taken b)one motion ~ilhout separale di~usslon of each Jlem. If di~ussion is desired b?a member of the Board, that item(s) ~ill be removed from the Con~nt Agenda and considered <parately. A. CO.M,M UNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve attached Satisfaction of Lien for Public Nuisance O Rcsolutlon 97-109 2) Reque.~t to approve for recordinl~ the final plat of Troon Lakes and approval of thc performance .¢,.ccu rlty. 3) Request to approve the final plat of L'Ermltage at Grey Oaks. 4) Request to approre thc final plat of "'Grey Oaks Unit Thirteen" B. PUBLIC WORKS 1) Petition T31 98-05 for thc Nc'ighborht~od Traffic Manao~emcnt Program (NTMP) to install additional traffic calming measures on Kings Way ,within the Foxfire Community. · ' 2) Approve Budget Amendments recognizing Carry Forward funds for the Airporl-Pulling Road Bridge Construclion Project (Bid No. 98-2830). 3) Approve a chance in the designated holidays for Solid Waste Collection and Landfill Operations Contractors. 4) CONTINUED TO 12115198: Approve the Livingston Road Utility Facilities Reimbursement and Contribution A~reement (Staff's Request). 5) A~'ard Contract to Mitchell and Stark Constr~ction Company, Inc. to construct Reum Water S.v.~tcm Service Connections, Bid 98-2874, Pro.icct O 74020. 3 December I. 1998 C. PUBLIC SERVICES 1) A~'ard Work Order to repair thc dock and ~a v,'all at Caxambas Par'lc D. SUPPORT SERVICES I) Approval of a Tov~cr Option and Lea.~ Agreement between Collier County and Bell~uth Mobility, Inc. 2) Approval to award bid #98-2877 to United Mechanical and B&I Contractors for on call mechanical contracting. 3) Approval of a Resolution ratifying specific expenditures for Training Sessions, Job Fairs and Open tlouses, Orientation Sessions, Kick-Off Meetings and Planning Workshops as serving a valid public purpo~. 4) Recommendation to accept staWs short llst of Construction Management at Risk Firms fl~r the construcllon of Ibc 4'~' timer of the Courthouse and the lmmokalce and Naples jall facilities. E. COUNTY A DM INISTI:La. TO R l) Budget Amendment Report F. BOARD OF COUNTY COMMISSIONERS G. bllSCEI.LANEOUSCORRESPONDENCE I) ,"dJ~ccllancnus items lo file f.r record ~ ith action as dircclcd. !!. O]'ilER CONSTITUTIONAL OFFICERS I) Appro~ al of a .,,ccond amendment to lea.~ agreement bctw'ecn Collier County and Jeanne L. Noc, as Trustee of thc James R. Noe II Recovablc Trust. 2) Transfer nf monies from the General Fund so that thc Count?' Probation Department can start and maint;fin a residential electronic monitoring pre,gram. 1. COUNTY ATTORNEY 1) Request by thc Collier Cmmly licalth Facilitie~ Aulhority for apl)royal of a resolution aulhorizlng thc Authority to issue revenue bonds to be u~d to finance healthcare facilities for lhe Cleveland Clinic. J. AIRPORT AUTIIORITY 17. SUMMARY AGENDA - Tills SECTION IS FOR ADVER'I"ISED PUBLIC HEARINGS AND bIUST/MEETTIIE FOLLOWING CRITERIA: I)ARECOM,MENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVALBY TIlE COLLIER COUNTY PLANNING CO,MMISSION OR OTttER AUIItORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO TIIE ITEM RECEIVED BY STAFF, TIlE COLLIER COUNTY PLANNING COMMISSION, OTIIER AUTIIORIZING AGENCIES OR TIlE BOARD, PRIOR TO Tile COMMENCEMENT OF TIlE BCC MEETING ONWIlICli TIIE ITEMS 4 December 1. 1998 ARE SCIIEDULED TO BE ItEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO TIlE ITEM. A. Recommendation to adopt an ordinance amcndinll Ordinance No. 964,0 relating to the levy ora 2% Tourist Development Tax and an additkmal I% tax throughout Collier County pursuant to the Local Oplion Tourist Development Act, Section 125.0104, Florida Statutes, providing for amendment to Section Three concerning the u.c.e of tax re*cnues to expand Catcgor;,. A to include shoreline protection, enhancement, clean-up or restoration of inland lakes and rivers to which there is public access; providing for conflict and ~.,crahiliD; providing for inclusinn in Code of Labs and Ordinances; and providinll for an effective date. 18. ADJOURN iNQUIRIES CONCERNING CIIANGES TO TIlE BOARD'S AGENDA $1{OULD BE MADE TO TIlE COUNTY ADMINISTRATOR'S OFFICE AT 77.1-8383. 5 December 1. 1998 A GENI)A CilA NGES BOA RD OF COUNTY C03L%IISSIONERS' MEETING DECEMBER 1~ 1998 ADD: ITEM 5(C)(!) PRESENTATION BY JOIIN A. YONKOSKY OF TIlE COMMERCIAL PAPER REBATE. (COMMISSIONER BERRY). ADD: ITEM 10(A) - RECONSIDERA 770N OF LELY GUARDHOUSE ISSUE. (COUNTY A TTORNE Y). ADD: ITEM IO(B) - CONSII)ERA TION OF MOTION TO RECONSIDER AGENDA ITEM II(A)(2) (November 24~' BCC meeting) "DISCUSSION WITI! TIIE BOARD OF COUNTY COMMISSIONERS AND TIlE CLERK OF COURTS RE: BOND REFINANCING." (CO,.IL%IISSIONPJR BERRY). MOVE: ITF. M 5(/I)(i) TO 5(C)(2) - I'RESENTATION OF ~IN OUTSTANDING PUBLIC INI'EREST PROJECT AWARD FROM TIIE DEPARTMENT OF ENVIRONMENTAL I'ROTECTION BUREAU OF MINE RECI2tMATION FOR TIIE STATE ROAD 951 BORROW 1'17' AT TIIE ENTRANCE TO TIIE FIDDLER'S CREEK DEVELOPMENT (STAFF'S REQUEST). MOVE: ITF. M 17(/!) TO 12(C )(!) - RECO,$IMENDATION TO ADOPT AN ORDINANCE AMENI)ING ORDI,VANCE NO. 96-60 REL4TING TO THE LEVY OF A 2% TOURIST DE VELOP3IENT TAX A ND A DDITIO,'~51L 1% TAX TtlRO UGHO UT COLLIER CO UNTY I'URSUAN?' TO ?'liE LOCAL OPTION TOURIST DEVELOPMENT ACT PROVIDING FOR AMENI)MENT TO SECTION TIIREE CONCERNING TIIE USE 0I: TAX REVENUES TO EXPANI) CATEGORY A TO INCLUDE SIIORELINE PROTF. CTION, ENIIANCEMENT, CLEAN-UP OR RESTORATION OF INI~INI) DIKES ANI) RIVERS TO WIIICII THERE IS PUBLIC ACCESS. (COMMISSIONER CONSTANTINE). COIJ,IER COUNTY ADMINISTtL TOR'S OFFICE November 17, 1998 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 (941) 774-8383 Larry Bradley FAX (941) 774-4010 Building Committee Mayflower Congregational United Church '^ C£RT~rmn m.u'e CH.' co.~mt:xrn' of Christ P. O. Box 1 I133 Naples, Florida 34 I01 Dear Mr. Bradley: Re: Request for Public Petition - Request for Refund of'Water and Sewer Impact Fees Dear ?,.'Ir. Bradley: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of December 1, 1998 regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be adv/sed that the Board will take no action on ),'our petition at this meeting. However, your petition ma)' 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 Administration Building (Building "F') of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. Ifyou require an5, further information or assistance, please do not hesitate to con'tact this office. Ver-y~truly yours, Robert F. Fernandez,~f':'" County Administrator RFF/bp AGENDA, ITEM CC: County Attorney t.- 7' ( .~./)_.' Ed llschner, Public Works Administrator DEC 0 1 Pg. Congregational United Church oF Christ .(~ P.O. Box I 1133 . Naples. FL 33941 /.941) 775-0055 November 4. 1998 1582 Foxfire Lane Naples, FL 3401 November 4, 1998 iXlr. Robert Fernandez ' Count',' Administrator 3301 Tamiami Trail East Naples. FL 34112 Dear Mr. Fernandez, My Name is Larry' Bradley and on behalf of the members of Mayflower Congregational United Church of Christ I am i'equesting an appointment with the Public Petition Process to appeal a decision of the Wat~}r and Sewer Department to deny our request for a refund of $6300 in fees that were paid in 1993. Let me explain- Since 1990 a small group of Mayflower Church members have been meeting weeldv in rented quamcrs at the Lely Elementary School. In 1993 the members decided to build a church on property purchased at the corner of CR 951 and Lely Cultural Blvd. On May 28, 1993 we paid S7926.22 for a Building Permit and Misc. Impact Fees plus $6300 in Water and Sewer Impact Fees. The property consisted of approximately 7.5 acres and the congregation became aware that a prior enxdronmental study found red cockaded w?odpeckers on immediate adjacent properly and wetlands on our property. Four ofthe 7.5 acres could not be used for building and had been placed in a conservation area. This left only 3 I/2 acres on which to build. We had to abandon our plans and look for new property. It was our understanding that all or most of these fees would apply to our new building when another property was located. We finally found property, on County, Barn Rd. and spent almost a ',,'ear going through the permitting process.. In August 1998 we applied for transfer or refund of these fees but the water and sewer refund ,.,.'as denied and we were advised that we should have applied for the refund by March of 1994 to qualify. The building permit and road impact fees were promptly refunded. MayflO?er Con e§at onai . United Church of Christ , , ' P.O. Box I 1133 · Naples. FL 33941 {813) 775-0055 Please understand that our comzre,_,ation, now under the leadership of the Rev. Robert '- E. Townsend, consists mainli, of retirees and there is a constant chanue in leadership as age. infirmities· and death take their toll. None of the current Buildiffg Committee members were aware of any time restrictions for a refund. Nothing was done on the original property by the Water and Sewer Department-no sewers dug: no meter installed-and the proper'tv sits todav as pristine and undeveloped as it was in 1990. ' We are currcnlly building our first building on County Barn road and it should be completed earl)' nexl year. Not surprisingly, our small congregation (I 50 members.) has taken on a large debt load and $6300 is a considerable amount to lose. The Water and Sewer Department has had use of'our money, interest free, for five years and we respectfully ask that the Commissioners autl~orize a refund so that it ma,,' be applied to God's v. ork and the bettern~ent of our community IFyou require an,,' additional informatibn I can be reached at 643-3079. We await your decision on this request. Sincerely yours. Lan3.' Br,i~ley- Buiidin,z Committee EXECUTIVE SUMMARY TERRANCE L. KEPPLE REPRESENTING BOY SCOUTS OF AMERICA, TROOP 274, REQUESTING A WAIVER OF A TEMPORARY USE PERMIT FEE FOR AN ANTIQUE AND CLASSIC CAR SHOW TO BE HELD ON DECEMBER 12, 1998 AT 2550 IMMOKALEE ROAD, COLLIER COUNTY, FLORIDA. OBJECTIVE: The Petitioner requests a waiver of the required application fee for a Temporary Use Permit. The permit is for the 8th Annual Antique & Classic Car Show to be held Saturday December 12, 1998 in the Sam's Wholesale Club parking lot in the southeast corner of the intersection of Immokalee Road and Airpod Pulling Road. CONSIDERATIONS: Troop 274 uses the proceeds of this show for camping equipment and defrayal of the costs of scout camp, and requests the fee waiver on that basis. The required application fee for a Temporary Use Permit is $75. The Petitioner wishes to waive the fee for this perm;t for this annual event for a three year period, ending with the show in December 2000. The Board of Couq[y Commissioners has waived the fee for this event in the past. ~i r FISCAL IMPACT: Revenues rot Fund 113 (Community Development Enterprise Fund) are generated from fees established in the Schedule of Development Review and Building Permit Fees. It is a Board policy that requests for waiver of such fees be granted only by the Board. The term waiver is a bit of a misnomer in that, should a waiver be granted, it is necessary to transfer the funds from the General Fund Reserves (001) to the Community Development Enterprise Fund (113). Based on staff research, the average annual fiscal impact resulting from these types fee waivers is $2,200.00 per year. DEC 0 ! 1998 GROWTH MANAGEMENT IMPACT: A policy decision made by the Board with respect to Temporary Use Permit fee waivers will have no impact on the Collier County Growth Management Plan. RECOMMENDATION: Fee waiver applications may only be approved by the Collier County Board of County Commissioners. Since fee waivers are requested by a wide variety of individuals and organizations, for various reasons, it is necessary for the Board to evaluate the conditions and reasons which underlie the fee waiver application on a case by case basis. Therefore staff can only recommend denial for fee waiver requests. PREPARED BY: ";-~ ~ . //. Z.~'? FSEE ~EISCHL O ,/~"~ ~ PLANNER DATE // REV/ii '.WED BiYt~ RONALD F. NINO, AICP DATE CURRENT PLANNING MANAGER _O~~TjA--''- ;'-- · MULHERE, AICP DATE PLANNING SERVICES DIRECTOR VINCENT A. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR EXECUTIVE SUMMARY/FEE WAIVER 2 DEC 0 I 1998 TROOP 274, VANDERBILT PRESBYTERIAN CHURCH ~ ,..Smutm~er Termac~ Kcpple, 721 109 th Ave. N., Naples, FI. 34108 ~941) 598-2647 (wk 403-1780} i ..;.*.T ~. -.' Robert Fernandez ~ ,ore: Counly Manager Collicr Coumv ~ .~: ':',ra':.r FILE: 3301 E. Tamiami 'Fr. ,,. ' .............. .... .:..:.-.:-: .. Naples. FI. 34113 ()ctobcr 2(I. 1998 Re' [lox Scoul Troop 274 Vanderbilt I'rcsbyicrian Church [)car Mr. Fernandez. '[roop 274 has scheduled their 8th Annual /\ntiquc and Classic Car Show for Saturday. December 12. 1998 For the Fourth stra~:..}h! .',sar the event will be held in the Sam's Club parking lot off Immokah2c Rd As in the past. all proceeds will be used to defray thc costs of camping equipment and registration fees for summer camp As in ih:2 past. xve are requesting the Board of County Commissiuners waixe the Special t'!venis permit fee ofS75.00. I respectfully ask thai you schedule this request before thc Board of County Commissioners al thc earliest possible time. I hax c enclosed a copy of this ,,'ears eatD' application and flyer, for your informal/on. If you have any questions, please call me a~ 4/}3-1 Respcc[ful Torrance L. Kcpiilc '~'- ' Scoutmaster Troop 274 ? DEC 0 1 7998 8th Annual Boy Scout Troop 274 Antique-Classic Car & Truck Show Saturday, December 12th, 1998 10:00am - 3:00pm ? SAM'S CLUB TROPHY CLASSES · Immokalee & Pre 1950's classics, 50's classics, 60-64 classics, Airport Road 65-69 classics, 70's classics, Muscle cars, Club participation, special interest, truc 'ks, Corvetles Advance registration - SI0.00 53-67, Cor~'ettes 68-present, Mustangs 64-74, Deadline Nov. 27th, 1998 Mustangs 74-present Gate registration - S15.00 Starting at 9:00am Questions? Call 941-598-2647 or Free Admission 941-592-9813 ]' for Spectators Refreshments Name: Phone: Address: l strcct') (city) (zipcodc) Year: Make: Model: Class: Make checks payable to: ~GE'f?A?7 i Mail check and form t~o: B.S.A. Troop 27~4 T I Terry Kepple I 721 109th Ave. N. D£C 0 1 1998 / Naples, FL 34108 .! Hey, GREAT CAR ! Come to the 1998 troop 274 There's room for Classic cars, Bugs, Hummers, or any cool car. Tell you friends !There's Prizes ! Categories* Pre- 1950 f .~e too ,) Trucks 50's classics ~ Special interest 60-64 classics Corvette 53-67 65-69 classics Corvette 68-present 70's classics Mustang 64-~4 Muscle cars Mustang 75-presel~t · ·only one category, per car, The 8th annual troop 274 antique-classic car and truck show. On Saturday, December 12, at 9:00 AM At Sam's club parking lot, Naples, corner of Immokalee and Airport RD. This flyer is good for 52 on gate registration or FREE lunch if you register in advance. Only one discount coupon allowed per entry. FOR MORE INFO. Call 598-2647 OR 592-9813 DEC 0 1 1998 EXECUTIVE SUMMARY STAFF RECOMMENDATIONS ON OPTIONS FOR THE CREATION OF A PLAN OF DEVEI. OPMENT FOR TIIE AREA OF NORTII NAPLES LOCATED EAST OF U.S. 41, SOUTH OF TIlE COLI.IER-LEE COUNTY I.INE, WEST OF INTERSTATE 75, AND NORTH OF IMMOKALEE ROAD, AND TO PROVIDE A COMPLETION SCHEDULE FOR EACII OF TIIE OPTIONS PROPOSED. ,_QI3J. Z~TIVE: To provide staff recommendations on options for the creation of a plan of development, referred to as an area master plan, for the area of North Naples located cast of U.S. 41, south of thc Collier-Lee County tine, west of Interstate 75, and north of Immokalee Road, and to provide a completion schedule for each of the options proposed. C.,DNSIDERATION: On November 10, 1998, then Commissioner Hancock made a presentation to thd Board recommending that staff be directed to develop an area master plan for the above referenced area. The subject area, depicted on the attached map, consists of several developed PUDs, several undeveloped or partially developed PUDs, and approximately 2500 acres of unimproved property. Included in the unimproved property are the Dynabel PUD (190 acres) and the Livingston Road PUD (482 acres). As a result of Commissioner Hancock's presentation, direction was given to the Planning staff to develop standards for town center development with specific application to this area. These standards should encourage a mixture of uses including: green space buffers; core areas for higher density of residential development; personal service commercial and flexible allov,'ance (within specific areas) for home occupations; and the inclusion of institutional uses and community services including schools, churches, community centers, branch libraries and recreational amenities. These standards should include internal intcrconnections, multiple accesses to adjacent arterial and/or collector roadways, and provisions for interconnection to surrounding developments for vehicular and bicycle and pedestrian oriented movement. Staff is working on several/toms which contain elements that are related to this effort and should, at least in pa:t, be incorporated into this work product. These include thc development oF a Traditional Ncighhorhood Design District and the Board's Density Reduction initiative. With this in mind, stafTproposes the following options: An amendment to thc Comprehensive Plan is necessary ,.'.'hen there is a change to increase the density or intensity of land uses. If the Area Master Plan for North Naples requires a higher density or more commercial acreage or different permitted uses than permitted by the current Comp Plan an amendment will be required. Therefore. Option 1 '.','ill require the preparation of an amendment to the Comprehensive Plan that could include one of the following: ==> Master Plans - these have generally been created for large areas of the Cou ........ ~- .... hnmokalee. Golden Gate Estates. and Marco Island. The master plan identifies tt:~ ma:~hm:n': ~'~)'", DEC 0 i 1998 density and the locational crileria for commercial and industrial type uses. All rezonings must comply with the rcqtfircmcnts in the Master Plan. ~ Overlay District - these have generally included areas that are smaller in.size, such as the Golden Gate Office Parkway District and overlays in two areas of Immokalee. The overlays provide criteria for access, landscaping, setbacks, pedestrian improvements, and identifies permitted uses. The trend has been to remove the specific criteria in these districts to the Land Development Code and to include the permitted uses and intent of the District in the Comp Plan. --m. As part of the BCC direction to reduce density in the Urban Area. the TND concept was considered as awav to regain the density by utilizing a development pattern that would result in fewer trips to thc overall transportation network. Reasons supporling this option arc: · Thc ability Io increase thc density or thc amount or type ofcommcrcial permitted: · Provide development standards that all rczon/ngs taus! comply with. Negatives include: · The time frame Foran amendment to the Comprehcnsivc Plan is generally 10months. State law allows for two amendments to thc Plan per year. Collier County generally has one cycle for all amendments, untcss under special direction from the BCC. Those amendments are submitted by ~he fourth Friday in April. Public hearings arc held to Iransmit the proposal to CCPC and November by the BCC. DCA has 60 days to review thc DCA October the amendment and issue an Objections. Recommendations. and Commem Report, followed by t~vo final hearings tbr adoption, one by the CCPC and the final hearing by the BCC. The lengd~y amendment process would exlend lhe time frame for completion until Febmao' or March of 2000. · The process to anlend the Plan is lengthy and involves oversight by the DCA and the Southwest Florida Regional Planning Council. The C'ountv's adopted, but not yet effective. Comprehensive Plan Amendment provides for a Traditional Neighborhood Design District as Follows: Floc pt.7~o,~'c of Ufis prov~sio~ is to eucourage thc development of Traditional Neighborhood Desig, n (T,N.'D//,'el'cots. T, VD's ~u'c Opica/(v human,-scale, pedestrian-oriented, i~tercomwcted ncight~orbood projects U~at are ce~ttered aroumt a village grecn with a mix of uses including retail, sffficc ru~d civic rtmc~titics that complemo~t each other as provk&d in the PUl) ~Veighhorhood I VI~age .g'ulNh.gtrict. Residet~tial uses arc ofieu located above retail uses. A grid [~attr'rit is the/)axis for thc lrausuortation ~wtwork. The mabt street component of the TND is appropriate(v i, tegrated in the T~VD at~d sized in proportio~t to the scale of the project. Stcu~dards sh,II he dcveloped bt the Lamt Developme~t Code which will regulate acccss. permitted uses. square footage rued~or acreage threshohls, lot fi'ontage dime~tsions. 'u-cci ~'~,~-, setbrtctt,, aud other stamtards that are integrtd to the 7]VD Concept. ~*' -~(~ DEC 0 11998 Staff has bccn working on the TND District to bc included in thc Land Development Code but cannot bring thc LDC amendment forward for adoption until the Comprehensive Plan Amendment is effective. If negotiations with DCA are successful to resolve compliance issues. staff can initiate this amendment in tile next cycle of LDC amendments which begins in Jul),'. 1999. This step ,,,.'ill create tile TND District but ',,,'ill not require a property' owner to rezone to thc TND District. In order to make all or p:m of the elements of thc proposed TND District mandatory in this particular area. it will be necessary.' for staff to prepare an amendment to thc Land Dcvclopmcnt Codc to adopt a zoning ovcrlav that spccificallx' requires all or part of thc development standards contained in thc TND district. Thc zoning overlay district may also include additional conditions related to buffers and landscaping, building height, signagc, design. and required intcrconncctions and pedestrian movement improvements. The positive aspects of Option 2 arc: · There arc tv.'o LDC amcndmcnt cycles: one that begins in Janua~' anti thc second that bcgins in July and take approximately 5 to 6 months to complete. Therefore. there is more flexibility with making changes to thc LDC. · .,\n amendment to the Comprehensive plan is not necessan' with this option. Thus, the time fr~mlc for con]petition is reduced by about one year. · There is no oversight by the DCA or SWFRPC. · This option ensures that all of'thc clements ofthe Board's direction are mandatory'. Option 3 Thc third oplion v, ould be to develop an incentive, such as a density bonus for projects that rezone to thc TN[) district (or to a PUD that adheres to thc provisions of tile TND district). Further con(!i~i(~ns alt~chcd Io the density bonus could include interconnection and muhiplc access conditions requirements for internally and externally connected pedestrian anti bicycle pathways. Tills opt/on would be incentive based and thus. strictly vohmta~,. Thc positix'c aspects ~l'Option 3 arc: · There are t~o LDC amendment cycles: one that begins in Januag' and thc second that begins in .lulv ;,nd takes approximately 5 to 6 months to complete. Therefore, there is more flexibility v,'ith naakin~2 chanucs to thc LDC. · There is ilo oversight by tt]c DCA or SWFRPC. · An amendment to thc Comprehensive plan is not necessary with this option. Thus, tile time frame for compctmon is reduced by about one .'.'ear. STAFF RECO.~IYlEND.4, TION: Staff' recommends that the Board direct staff to proceed with Option 2. which provides for the development of an overlay district for this area to include the provisions of the TND district and including all other elements which will have the effect of reducing traffic impacts and daily travel demands on thc adjacent arterial and collector roadways in this area. Staff estimates (with consideration uivcn to thc staff's current work pla,~ o,,,' -'~ .... ancc for time to work with properly owners in tile subject area) that the overlay di ;trim ~an b: DEC; 0 1 1998 completed for consideration by the Board for the second cycle of 1999 LDC amendments (December 1999). Rbbcrt J. Mulhere, AICP ?]annin~ Ser~'ices Department Director .,,,~o,.;E~, ~,' ~://-~ ~-e3~ ',,;inccnt A. Cautcro. AICP Community Development & Environmental Se~'iccs Administrator DEC 0 1 1998 8 NOiONLLN~H m~. B~]3 i~N~O3 ~ ~OO S~O0~ SS3~D ~ ~ jl 0 Oz ! ~ - ~ ~<~ /~,~> I ,, z~ ~ oz ~ ~ ~ ~z ~ ~ .,~ - EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE ATTACHED SATISFACTION OF LIEN FOR PUBLIC NUISANCE RESOLUTION 97-109 OBJECTIVE: That the Board of County Commissioners approve the attached Satisfaction of Lien for a lien previously assessed by the Board of County Commissioners by Resolution No. 97-109 for a public nuisance. CONSIDERATION: On February 25, 1997 the Board of County Commissioners adopted Resolution No. 97-109 assessing a lien for a public nuisance in the principal amount of $245.00 on the property described as Lot 1, Block 136, Marco Beach Unit 5 which is owned by Scott Herring and Deborah Herring. However, in June 1996 the property owner paid the amount of $156.00 to the County but sent the payment to the wrong department. After much research into the case, it has been found that the property owner was inappropriately assessed an additional $100.00 administrative fee for the processing of lien and subsequently charged interest for the full amount. Therefore I request that the $128.19 balance on account be waived and this lien be satisfied in full. FISCAL IMPACT: The only cost to be incurred by the County is the cost of recording the Satisfaction of Lien, which is estimated to be approximately $7.00 and can be paid from Code Enforcement account (111 138911). GROWTH MANAGEMENT: None. RECOMMENDATION: That the Board approve the attached Satisfaction of Lien for the cost of the abatement of a public nuisance, as recorded on March 27, 1997 Resolution No. 97-109 recorded in OR Book 2299, Page 1023 of the Official Records of Collier County, Florida. PREPARED BY: · ~Jlie Belanger - -(~ " Senior Customer Service Agent REVIEWED BY: M~chelle Edwards Arnold Code Enforcement Director AP ED · .~¢--'2"~'----t~ DATE: // - Vi~"c~nt ~. Cautero, AICP Administrator Community Dev. and Environmental Svcs. DEC 0 1 1998 BO~kRO OF CO~TY CO~ISSIOI~ERS e©PVi i LECOkL ~OTXCE OF ASSESSP~ENT OF £ Scott Herring & DATE: Oo~orah ~ ..rrin~ FEB 2 506 Tudor 3ay01 *** OR: 2299 PG: 1024 * RE~-CRENCE 60626-055 #57192560003 LIE:: LEGAL DESCRIPTIO~: LOT 1, BLOCK 136, ~CO B~CH, ~IT FI~, a S~division according to the Plat thereof, recordad in Plat Book 6, Page 39-46, of the P~lic Records of Collier County, Florida. You, an the owner of the property above described, as recorded in the records m~nta~ned by %he office of the Property Appraiser, are hereby advised that the Compliance Services ~anager, did on 6/27/96, order the abatement of a certain nuisance existing on the above property prohibited by Crd~aance 91-47, ~erving no%ice [hereof upon you, such nulsance being: Prohibited acc~ulation of non-protected mow~le vegutation in .xces~ of 18" in height in a s~division other than Golden Gate Estate~ . YOu failed to abate such nuisance; whereupon, it was abated by the expenClture of public fur. ds 2% a Cirect cos% $45.00 administrative cool of $200.00 for a total of $245.00. Such costs, by Resoiuticn of the Boar~ cf County Cn~r,l~sloners of Collier County, ~lorlda, have been FEB 2 5 1997 and shall become assessed against the above property on a llen on ~he properly %~ir[y (30) days after such assessment. You may request a hearing before ~he ~o~rd cf County Cot.missioners show cause, : f any, why ~he exper~ses and charges incurred by the C0~]nty ~:nder th~s Ordinance are unwarrar~ted or excessive Cr why ~ch expenses should not constltute a lien aga:~lst the property. Such request ~or hearln~ must be ma~e to the Clerk of the Board of County CoffJ. lssioners, Gcvernmen~ Center, ~lap!e5, Florida 34112 in writing within thirty (30) days from the date of [his assessment to be valid. CLERK, ~OARD OF CCU:~TY COb::41SSIOI~ERS CSce 9- 1/9~ DEC 0 1 1998 RESOLUTION NO. 97- 109 A RESOLUTIO:; OF THE BOARD OF COU~ATY CO~4ISS:O:~RS PROVIDi~;G FOR ASSESS~4E~;T OF LIE:I, FOR THE COST OF THE ABATEME~;T OF PUBLIC ~ISA~;CE, IN ACCORD;al;CE WITH ORDIN~;CE 91-47. W~EREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and ~EREAS, 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 h"HEREAS, such assessment shall be a legal, valid and binding obligation upon the propert3 against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of ~;otice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF CO~;TY CO~<]~ISSIO?;ERS OF COLLIER CObTITY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NA3~.E: LEGAL DESCRIPTIOJ{~. COST E Scott Herring & LOT 1, BLOCK 136, F~%RCO BEACH, $245.00 Deborah L Herring UT;IT FIVE, a subdivision according 506 T~dor Cfr to the Plat thereof, recorded in Plat Alta~onte Spgs, FL 32701 Book 6, Page 39-46, of the Public Records of Collier Cou~nty, Florida· ~EFEREJiC~: 60626-055 #57192560003 The Clerk of the Board shall mail a notice of assessment of lien to ~ne owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30} days hereof, a certified cop}' of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction ia stayed by this Board upon appeal of the assessment of ~he owner. This Resolution adopted after motion, second and majority vote. DATED: FEB 2 5 1997 ATTE£T: ' 'i:, BOARD OF CO~:T'f COHHISSIONERS · DWiGH? E. BROCK;~ CLERK COLLIER COb~;TY, FI,ORIDA % / '/ ' ' . BY T~:4OTHY ~' H~CO~K, CHAIRt. L~31 APPROVED AS ~O.gORt{ ;,2~ LEGAL ,SUFFICIENCY: 2163247 0R: 2299 PG' 1023 CO,liS 2,0 DEC 0 1 1998 E. scoTT HERRING DEBORAH L. HERRP4G ~5 TU~ C~ct~ - ALTAL'ON~ ~P~N~. FL 327g~ I~alr . ,,,,,,.,,,,., &~ e.., ..... GF~AT NN~BN BAN~ ~ .) .~ ~ e, ~ DEC 0 1 1998 pg. 4 _ I'IEM NC).: DATE RECEIVEI): ~ FII. E NO.: ROI'TED TO: DO NOT 'V~"I~'J"~E ABO~'E Tills SI'ACE [Ori'~. 9,'~9: Re~. 6/9~) REQUEST FOR LEGAL SERVICES (Plc~e t>pe *~r prin~l l)a~e: ~()V~MB[R 6,199~ To: ()trice ()[the County At~,rney. Atln: ItEII)I AStlT()~ I'r~m: ,I('I,IE BEI,AN(;F:R 'litk': .~t~XI()R (I ?,I()MER SERVIC'E I}ep;irlmenl: ¢'()[)E ENF()R('EMEN I I)hi~i~m: ( (J~l~,ll NFl ~ I)[':VEI.OIL%IE\ I T(:leph~me # (Very Important): 403-2411 Re: .";(,OTT & I)Ei?,OI{AH tlEI,tRIN(; RE.',;OLt:TI()N #9%109 BACK(;R()(;NI) ¢)F REQtTEST/I'R¢)III.E.~I: (I)c~cribc problem and t:ive back£round intormafi.n - b._e2.pecific, cnnci,,e. ;~nd nrticubte.! 'I he .ri~,io,'~l ~l~cs~ment ~*~ S245.00 plus accrued intert'q. ()n ()ct.bt'r 2?. I09~ ~sncr ss;~ told Ih;fl tile $1111).0(I ~nuhl be sailed if pnFment of SI45.00 ~;~ rt'ceist, d. On Nn~ember 7. 19fJ7 Mr. ~ ,Mrs. Ilerrinff pMd SI45.0(I. i ( ~,re there d,,cument~ or oilier information needed I~ rex k. ss ths~ m:lttt, r? If Fe~. ~ll;~ch :lnd reference this inform;ilion.) This item has/hlls not been prcviousI)' submitted. If prcsi{,u~h ~ubmhlcd provide (~un~) ,Atl~rnc)'~ Office File ACTION REQUESTED: (Be sery' specific. Identify exaetl.s ~ha! .~ou need in the ~n.v of le~.al services.~ I request that the balance on account of $128.19 be waived and this lien be s;~tisficd in full. cc: Mich¢lle Arnold/l)irector DEC 0 1 1998 (A, II requet, ls must be copied In .sour ,3ppropri:~te I)b.i,don Jle~d or C'unqiluli{~nal Officer,) ..... Pg. ......... This instrument prepared by: FOR CLERK'S USE ONLY Heidi Ashton Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No 57192560003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS' That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain Lien by Resolution No. 97-109 against: E. Scott Herring & Deborah L Herring 506 Tudor Circle Altamonte Springs. FI. 32701 :The hen was recorded on March 27, 1997 Official Record Book 2299, Page 1023, in the O['f~cial Records Office of the Clerk of the C~rcu~t Courl of' Collier County. State of Florida. The lien secures the principal sum of two hundred forty five dollars (24500), plus accrued interes~ and penalties, if any. and imposes certain obligation against real property s~tuated in Colher County. F~orida which property is described as follows: Lot 1, Block 136. Marco Beach, Unit Five, a subdivision according to the plat thereof, recorded in plat book 6, page 39-46, of the Pubhc Records of Collier County Florida REFERENCE 60626-055 #57192560003 Collier County. a political subdivision of the State of Florida, by execution of this Satisfaction of Lien. acknowledges payment as full satisfaction of the Lien and hereby cancels said L~en. The Clerk of the Circu~l Court, is hereby directed to record this Satisfaction of Lien in the Officiai Records of Colher County. Florida, to acknowledge that the Lien ceases to ex~st, IN WITNESS WHEREOF, the 8card of County Commissioners of Collier County, Florida. achng through i',s Chairman, directs execution and recording of the Satisfachon of Lien, by achon of Ihe Board th~s day of , 1998 ATTEST: BOARD OF COUNTY COt,/IMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY. FLORIDA By: BARBARAB BERRY, Chairman AG £ NDA~ T,,E. M NO. ~ DEC 0 i 1998 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF TROON LAKES AND APPROVAL THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of Troon Lakes. CONSIDERATIONS: The Board of County Commissioners on July 28, 1998 approved the final plat of Troon Lakes with the stipulation that the plat not be recorded until security was provided to ensure completion of the required subdivision improvements. FISCAL IMPACT: The fiscal impact to the County is listed below. The project cost is $552,406.00, to be borne by the developer. The security amount, equal to 100% of the cost to complete the remaining improvements and 10% of the total cost of the project, is $68,000.00. The developer has provided a Letter of Credit as the required security. The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Hanager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $11,055.97 Fees are based on a construction estimate of $552,406.00 and were paid in April, 1998 and are reflected in the Executive 'Summary of July 28, 1998. eEC 0 1 1998 Executive Summary Troon Lakes Page 2 GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the final plat of "Troon Lakes", with the following stipulations: i) Accept the Letter of Credit as security to guarantee completion of the Subdivision improvements. 2) Authorize the recording of the final plat of "Troon Lakes" 3) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. 4) -' -~n~t no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. PREPARED,~ BY: ,John R. Houidsworth, Senior Engineer Date Engineering Review Thomas E. Kuck, P.E. Date Engineering Review Manager Robert Hulhere, AICP Date Planning Services Department Director APPROVED BY:.// Vincent A. Cautero, AICP, Administrator Date Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION DEC 0 i 1998 TO~A~'HIP 48 SOUTH, R.4NGE'25 EAST, COLLIER CO.UA~. :RIP'rION .. NOT TO. SCALE DEC 0 1 1998 CONSTRUCTION AND MAINTENANCE AGREEMENT OF SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEXlENTS entered into this. day of , 1998 between Preser-,'e Homesites South, Inc., the property owner, hereinafter refen'cd to as "DeveIoper", ~d the Board of Count',' Commissioners of Collier County, Florida, hereinafter referred to as "The Board". RECITALS I. Dcvclop,..r has. simultaneously with the delivery of this Agreement, applied for the approval bv the Board ora certain plat ora subdivision to be known a: Troon Lakes 2. Division 3.2 of the Collier Count.,.' Unified Land Development Code requires the Develo?er t,.", post appro?:ia'.e guarantees for the construction of the improvements required bv said subdivis~o.", regulations? said guarantees to be incorporated in a bonded agreement for thc construct{on of the required improvemer~ts. NOV,', THEREFORE. in consideration of the foregoing premises and mutuaI covenants hereinahcr set forth. Devclop~:r and the Board do hereby covenant and agree as follows: t. Dcvclo?...'r ,,'.ill cause to be constructed: a potable water system, sanitar'v scv.'er system, drainage, grading, paving and miscellaneous as outlined in Engineer's Cost Estimate (at~ached hereto as E.',:hibh "A" and bv reference made a part hereof) within 36 months from the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance secu.fity (attached hereto as Exhibit "B' and by reference made a part hereof) in the amotmt of $68,000.00 wh ch mount 3 0 1 1998 represents 10% of :he total contract cost to complete construction plus 100% of the estimated cost to complete the required improvements at the date of this Agreement. 3. In the event of default b':' the Develo?er or failure ofthe Developer to complete such improvcrncn[s within the time required by the Land Development Code, Collier County, after v. Tittcn no".iae to Developer, ma,.' call upon the subdivision peWormance securiD' to insure satisfactor/completion of th". required improvements. 4, 'lhe requircJ improvements shall no: be considered complete until a statcm,.:nt of subs,~.,,i.,I compaction by Developer's en'.2meer a!on~, v:ith the final project records have been furnished to be rc'.'iev.'ed a"'d approved bv the D:.:vu,upm,.:n, Services Director for compliance with the Collier County L. and Development Code. 5. Tht: De','clopmcnt Services Director shall, within sixty (60) days of receipt of the statem::nt of substantial completion, either: a) notify the Developer in writing of his preliminarS' approval of the improvements: or b) notify the Developer in v, riting of his refi~sal to approve imp-o:'e'ne;',ts, thercv.'iH~ specifying those conditions v. hich the Developer must fulfill in order to obtain ti-,.':.. I'_)irectc.."'s approval of the impro;'emer,.ts. However, in no event shall the Dc,.clopment Sec'ices Direc*.or refuse prc-liminac,' approve! of thc improvements if the)' m-e in fact constructed and submitted for apFroval in accordance v:ith the requirements oftNs Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one .','ear after preliminars' appro','al by the De,.'elopment Services Director. After the one >'ear AG E ~"DA'~T E I~ n:ainten~ce pc.fled b':' the Developer has terminated, the Developer shall petition the De .'elopme~..2 Services Director to inspect the required impro'.'e~ents. The Development Services Director or his designee s?zall inspect the improvements, and, if'found to be still in compliance with Co',~icr County Land Dc'.e~opn:ent Code as reflected bv final approval bv the Bom-d, the Board shall release thc remaininu i02; of thc subdMsion performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until thc Board accepts maintenance responsibility for and by the Count,,'. 7. Six (6~ men:he after thc execution of this Agreement and once v,'ithin ever,' six (6) n~.O:l'.!',S '¼ ' "'"" , .:.=2,,~:. th~: D,zvclopor may request the Development Ser.'ices Director to reduce Hxc dollar amoant of thc subdivision perfom~ance security on the b-~is of work completed. Each request Gr a rcd~:ction in the dollar amoum of the subdivision security shall be accompanied by a statement of ~ ..... :'; bvtEe .... .' s .... =..~m a completion De~ e~cser s e.,:,'" -'-~.-- ...... 'o~.J,.r"." ,o wiH~ 0,c'.. project records nec='s>arv ;%: review bv the ~-x- ' . u: e,ocmen[ Services Director. ~e Development S'cr,' ecs Director may grant t};c request fi,r reduction in the amount or,he subdivision performance security for t!:o 8. In thc c'.'cn', th:: D',.",cloper shall fail or neglect to fulfill its obligations under this A=r~c,n~nt. upon codification of such Failure. the County Administrator may call upon tee subdivision perfom~ance security ~o secure satisfactory completion, repair and maintenance of thc required improvements. ~e Board sBall have the right to const~ct and maintain, or cause to be const~ctcd or maintained, pursuit ~o public adve~isement ~d receipt ~d accept~ce of bids, the improvements required herein. %e Developer, ~ principal under ~e subdivision perfo~anc: security, shall be liable to pay and to indemni~' the Board, upon completion of such construction, · e final total cost to the Board ~ereof, including, but not limited to, engineednq, leg~ ~~ / / po. con,roue,,, costs. ,ogemer ,.','iff~ ,an,,' damazcs, eithe~r direct or consequential, which the Board mnv susta!n on account of the failure of thc Developer to carD, out all of' the provisions of this 9. All of the te ,rrr, s. covenants and conditions herein contained are and shall be binding upon th,,' Developer respective successors and assigns of the Developer. I:',' \VITNESS \\'HEREOF, the Board and the Developer have caused this Agreement to be c;:ecu'.c,J "-' their ~. · cu,v authorlzed r','prcsen:atives this .~.~ day of_Cr...~ 1998. Si:ned. Sea'.,:J - -~ ,:::,~ 13di'.'crcd in t}:c ?res~.':',cc o;': l'reser','e tlomesites South, Inc. / I/!,l<...i~,l; 4 i,' L-4-'_&L.~.., ..,..4~,1,l B,': :_'"~,~ ~ ......__~_~_ ( I ' - ~' ~ ~., _;, Paula Davis - - - ~ '-.,L.3-!"-~' --~' "7~ ~f-''~-c'--'''~ Z;.; .'. ,, ~. ,,z~,, ,:.:,~. A'i'TE.q7. BOAP, D OF COUNTY CO,MMISSIO:,,'EP, S DV','!Ci!-i'F ,fL. BJ.',OCK. C'!crL OF COLLIER COUNTY, FLORID,,\ Barbara B. BerrS', Chairman Approve~ as to flor;:: arid Ie~2a! sufficiency: ..).c:/.: ) ,. -L ..... David ~ke~ccI Collior County Atto~,ev EXHIBIT "A" ENGINEER'S COST ESTIMATE SUMMARY O:'i~_inal Construction Contract Amount 5;349,000.00 10,'~, of Above 534,900.00 Rcmv, inin:z Infrastructure Costs I, Potable \Vatcr S:,'stem S4,000.00 II. Sanitau' Sewer System 5; -0- III. Drainage S7,000.00 ~\. } ,.., 1,'~_. Concrete. Miscdlaneous $17,000.00 V. Irrigaiion 5;5,000.00 SubTot'al S33.000.00 To:a! (rounded to nearest 5,1,000) S69,000.00 NO ~ j:~D,irm97~z4~c,~,<t.,~r ~.J~C 0 1 1998 pq.__ ~' -~ Le,",e, cf TELEX: 3TT2134 ,kf>.'~ INTL DET COME.CA BANK S~FT: ~ US ~ ONE DE~O~T CE~ER FAX: (3! 3) 222-9324 500 WOODWA~ A~N~rE 24TM FLOOR, MC 334 l DETROIT, MI 48226-334 PAGE %VO LE~R OF C~DIT NO. 548665-04 NO~E~ 16, 199~ ALL DRAFTS DP~-XVv,~ UNDER THIS CREDIT NIUST BE MARKED "DRA\~,~ biNDER COMERICA BANK'S LETTER OF CREDIT NO. 5486,55.04, DATED NO~,T. MBER 16, 1998". TI-lIS CREDIT IS SUBJECT TO THE L,'NIFORM CUSTOMS AND PRe\CTICE FOR DOCUiMENTARY CP, EDITS (1993 REVISION), FN'TEP~'gATIONA L CHAMBER OF COMMERCE, PUBLICATION NO..500. THIS ORIGINAL [.E'ITE R OF CREDIT AND ALI. AM ENDMENI'S lttERETO MUST BE SUBMITTED TO US TOGETHER WITH ANW DRAWI'NGS HEREUNT)ER FOR OUR ENDORSEMENT OF ANW' PAYM'EN'rS EFFECTED BY US AN'D,'OR · OR CANCELLATION. THIS LETTER OF CREDIT SE'IS FORTH .tN FULL THE TER3dS OF OUR L%'DERTAKING AND SUCH UiNDERTAKING SHALL NOT rN AN',' WAY BE MODIFIED, AMENDED OR AMPI. IF/ED BY RE_FERENCE TO ANY DOCUiMENT, I'NSTRUMENT OR AGREEMENI- REFERENCED TO HEREIN OR IN \\TIICH 'Frll S LETTER OF CREDIT REI.ATES AND ANY SUCH REFE?~NCE SH..\LL NOT BE DEEMED TO INCORPOP~.~.TE HEREI'N BY REFER.ENCE ANY DOCU.'3, IENT, !NSTRUMENT OR AGREEMEN'I-. \VE ENGAGE WITH YOU THAT EACH DRAFT DP~:{ biNDER ANT) IN CO.\IPLIANCE WITH THE TEKMS OF THIS CREDIT WILL BE DULY HO:gORED ON DELWERY OF THE DOCUMENTS AS SPECIFIED IF PRESENTED AT THIS OFFICE ON OR BEFORE NOVE.\IBER 15, 1999 OR ANY ALTOMATICALLY EXTENT)ED DATE. YOURS VERY TRULY, AUTHORiZED SIGNATURE 0 t998 J .................. IIII II'If- .................... I ........ ~'L~. 3?72134 *INB IN-fL DET SWIFT: *1%'BD US 33 COMERJCA BANK FAX: (313) 222-9324 ONE DETROIT CEN-i'-ER ~00 WOODWARD AVEN~'E 24TM FLOOR, MC 3341 DETROIT, MI 48226-3341 IRREVOCABLE STANDBY LE'I-fER OF CREDIT DATE: NOVEMBER 16. 1998 BENEFICIARY: THE BOARD OF COUNTY COMMISSIONERS COLLIER COLD, ~'TY, FLORIDA C/O PROJECT PLAN REVIEW 2800 N. HORSESHOE DRIVE NAPLES, FL 33942 G; :,71'LEMEN: V,'E HEREBY OPEN OUR IP.P, EVOCABLE STANDB'F LETTER OF CREDIT N~.'MBER 545665-04 I%' YOLT, FAVOR FOR ACCOUNT OF PRESER\'E HO.\IESITES SOUTft. INC., 9051 TAMbU\!I" ' , JTt,~ h., N. =202, NAPLES. FL 34 t05, FOR A SUNI NOT EXCEEDJNG S65.000.c.;0 {Si.~JTY.i:iGHT THOUSAND AND 00'100'S U.S. DOLI.ARS). AVAILABI.E BY YOUR DRe~.FT(S) AT SIGtt'I' ON COMERICA BAN34 V~'HEN ACCOMPANIED BY: A STATEMENT SIGNED B'f ONE PUT_PORTING TO BE -I-HE COb,'N-T'Y ,MANAGER. OF BOARD OF COU,'N-I-Y e¢::.I:,!ISSIONEES. COi. I.1ER COL.'NTY. FI_ORIDA I-N TIIE FOLLOWING FOR.MAT: "WE CERTIFY 'Fri..tT PRESERVE HOMESITES SOUTH. FNC. HAS FA/LED TO CONSTRUCT AND'OR MA1%'TAIN IMPROVEME:~'TS ASSOCIATED WITH THAT CERTAIN PLAT OF A SUBDIVISION KNOX~,'N AS TROON LAKES OR A FINAI. ~NS?i'CTION OF T}tE IMPROVEMENTS ASSOCIATED WITH THAT CERTAIN' PLAT OF A SUBDIVISION KNO~,~%' AS TROON LAKES, SATISFACTORY TO THE BOARD OF COb.'N"iS' CO.XD, IISSION'ERS, COLLIER COU.'N-I Y, FLORIDA. tiAS NOT BEEN PERFORMED PRIOR TO THE DATE OF EXPIRY OF COMEPdCA BANK'S LETTER OF CP. EDIT NO. 548665-0a A ND SATISFACTORY ALTER.N'ATIVE PERFORMA_'4CE S ECUTdTY HAS NOT BEEN PROVIDED TO AND FOR.\IALLY ACCEPTED BY THE BOARD OF COb.'NTY COMMISSIONERS, COLLIER COU.'N-fW, FLORIDA." PARTIAL DRAWINGS APE PERMITTED. IT IS A CONDITION OF THIS LET'IER OF CREDIT TH_~T IT SHALL BE DEEMED TO BE AUTOMATICALLY EXTENDED WITHOU'£ A.MENDMENT FOR ONE YEAR PERiODS FROM THE EX~IR.ATION DATE HEP.EOF, OR ,AN%' FUTURE EXPIRATION DATE UZ%'LESS .AT LEAS]' SIXTY (60) DAYS PRIOR TO AN'Y EXPIRATION DATE ItT SHALL NOTIFY YOU BY COURIER AT THE ADDRESS 1%'DICATED ABOVE, UNLESS A CHANGE OF ADDP,.ESS IS OTHERWISE NOTIFIED B'z' YOU TO US 1%' WRITING, THAT WE ELECT NOT TO CONSIDER THIS I_E'Ft'ER OF CREDIT RENEWED FOR ANY SUCIt ADDITIONAL PERIOD. (CON'TI'N"u'ED ON PAGE TWO) EXECUTIVE SUMMARY REQUEST TO APPROVE THE FINAL PI. AT OF L'ERMITAGE AT GREY OAKS OBJECTIVE: To approve for recording the final plat of"L'Ermitage at Grey Oaks", a subdivision of lands located in Section 24, Township 24 South, Range 25 East, Collier Count>,, Florida. CONSIDEFOkTIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of"I.'Ermitage at Grey Oaks". These documents are in compliance with the County Land Development Code and Florida State Statue No. 177. All fees have been paid. The developer has provided approved security in the amount of 110% of the cost of construction to construct the required infrastructure. l".ngineering Review Section recommends that the final plat of"L'Errnitage at Grey Oaks" be approved for recording. FISCAL I~XlPACT: Thc fiscal impact to thc Count'.,' is as The project cost is $82.832.00. to bc borne b;' thc developer. The cc~st breakdown is as follows: a) Water & Sc,,','cr S 13,800.00 b) Drainage, Paving Grading S69.032 The County will realize revenues as fiollows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 18900 - Development Sen'ices Revenue generated by this project: Total: 51,878.55 Fees are based on a construction estimate of $82,832.00 AG E NQ,.~ I T.~ M~ DEC 0 I 1998 The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac - $429.00 b) Construction Drawing Review Fee Water & Sewer (.50% const. Est.) - $69.00 Drainage, Paving, Grading (.425% const. Est.) - $293.39 c) Construction Inspection Fee Water & Sewer (I .5% const. Est.) - $207.00 Drainage, Paving, Grading (1.275% const. Est.) - $880.16 GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "L'Ennitage at Grey Oaks" for recording, execttte the attached Construction and Maintenance Agreement and accept the 110% security. PREPARED BY THOMAS E. KUCK, P.E. DATE ENGINEERING REVIEW MANAGER REVIEWED BY: i E, AICP DATE i'LANNING SERVICES DEPARTMENT I)IRECTOR ~/INCENT A. CAUTERO, AICP, ADMIN'ISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. L'ERMITAGE - GREY OAKS EX SUM,MARY/md DEC 0 .i. 1998 I ~ I ---~ z--'-~z'::~l'~-~-~-z---~}-~7~- -~ ~ '~---~ ..... ~f~.7.~ -E ~_~ I I ~ ~ I I ~A~I .'~ "' ~' ~- - ~,--. / J ,~: ~ ,...,... -~.~; ; - ., .. ~ ~ ~ ~ ~ - ~/ ..... ~ /' I~ ~: ~ ~ I ...... / '"~.'.'s.~:~ i: ;,. /:l~,....'.......%~ ; .....- ~ , r ."':~'; '.? '"L/// ,,- L ~1 ~?.':.: :,':' -? :'--. '..':..":'.'. -~ ~:~' ...... J ~ ............. " I I ~ ~ ~" i T~ r~ / L-. I ~ ~,~ u', '~ ~ ........ PROJECT --' ~'-' J' '~; LOCATION LOCATION MAP . ... .. :=C0 1998 CONS'I'I,II.~CTION AND 31.-\INI'E:NANCE AGREESIENT FOR SL;FIi)I\'ISI()N I.XlPRO\'E.\IENTS 'l l liN C'(>NN1'R{.:("I'IOX ..\NI) .Xl..\INlt:..-':N(. t: .-\GR. EE?,IENT I~.'OP, SUBDIVISION INIPROVE),[EN'I.'4 crlk'rcd into ti'd:, ........&:v of ,i995. bc?,.vecn Grey Oar;.,-; l)c','cl,.~?mcr,: C'orp,~ra~h,r,,. hurcinal~cr roi'erred to as "[)cveto?cr". and ~hu Board of County ('ommi., '-- - . ,~,,,,..'r.-, of C'c, lJicr ('~,unt','. ["Joric]a. }'~creir~;:ft;.'r rctYrrcd h'~ a,, "'I'h~: Board". R ECIT..~, l..'<,: ,._..,,l.~tt, .... saM ~uar:.mtcus t,~ N.' mco;~,ora:cj in ,: bondo, t a,__'rccmcr, t for N()\~', TIII'/RI-:.FORI... in cc,;Iskicrati~,'~ of th;: fore?in:_, pr;:'miscs arm mtltLial Jrri~3~ior', x',azcr, s:u:iiz~r'..*:c','.ur an,! sm:ct li~h~in:.__' i:n?rovcmcn~s for L'k'mlit.'~ge a~. ()re,.' Oaks v,'i[hia v.','cn[)'-l;mr ¢24) months from Ibc da~.c of approval of said subdivision plat. said irnprovemcn[ hcrcinahcr rcfcm.'d to as [hu "required improvc'ments." Page l of 4 OEO 0 i 1998 ti:;hibil "..\" and b'. rcl'cn.'nc~: re:dc a par! hcrc~,I'~ in d~c amounl of S ... C~ J~l I~ ~hich anlotlnt represents tin rcrc~'nt (1 Il" ,~l o}' Ibc t,)iaJ contract co~t lo compJd~ cons;ructi,',:] piu~ date of tiffs .,X~rccmcnt. 1. In thc event of d,'l'aul; bv thc l)cxcloi2cr ~r failure of ti;z l)cvdopcr to complz:z such improvcmzn;; v. ifi~in Ibc tim:' ', ' ' .anJ .' ',", r~,m;r,',, b', ~i~,' I [)~x~, ~,,~ .... Cc'de. ('oilier (.'ouni~. ma'. call up~m thc su~,Ji',i..~,,n l-,crf,,r::',:~r, cc ~ccurit', h, i~L, urc sa:isl'acl~r', c~m~plcti~m ~I' Ii~,' required 'I i~c r:',luir:'d impr,',vcm,.nt< s 'a ~ r:.x b.' ctm~idcrcd c,Tmplctc tmtii a substantl;d c,,mplc,i,,i:. ~,', . I)ckci~,pcr'~ cn~:n;'c; ,:;,,,~z. ~ili~ iht fir. al proicct. ,~,~,,,:,~' '~,~ ~; 1~ · 1 ' · . .. . .... ~,~,, l~, bc rc'.ic'.'.cd a::.', app~,,xcJ i~', thc ~;c',c,,p:;~,'~, Scrx'~cc2 !)~:ccT~r h,r c',- .... !i,~, ... ','.~ii-~ the ('oilier C~,t:n:,. l.and l)~". z.i, ,:~mcn~ ( Thc I)z~clop;::~.:-;. Set', ices I)ircct,,r si:ali. 'aithin six?.' ~(~0; da',s of ~cccip: of thc ~mi,:,,','cm~':~ts. ~hcrev. iti-, sp,',::'z, inz Tlm~;c cnndit,,,n, v, hich th? [)z',clopcr must /'u!lil! oN;dnthc Dircctor'sappr,.,,.aloffl~cimpr,,..cmcnts. t lov. cxcr. innocxcmshali fi~c Se~'iccs l)irector relX~se preliminary approval of t}le improvements it' they arc in lk~ct c~,nstructcd and submitted tbr approval in accordance with thc requirements of this Agreement. 6. 'Ibc Developer shall maintain all required improvements fur a minimum period of one year aEtcr preliminary approval by the Development Se~ices Director. After fl~e Pag~ 2 o~4 maintenance period bv tile Developer has terminated, thc Developer shall petition Iht Dcvclopmcnl Sc~'iccs Director to inspect thc required improvements. Thc I)cvelopmcnt Services Director or his designee shall inspect the improvements and. if found to bc still in compliance whh ~hc Collier Counh' Land Dcvdopmcnt Code as reflected by final approval by thc Board. thc Board shall release the remaining [en percent (10%) of ~he subdivision perlb~anc~ security. The Developer's responsibility, for maintenance of the required improvements shall continue unless or until the Board accepts maintenance rcspansibility Ibr and by the County. 7. Six (6~ months after thc exucutien oFthis Agreement and once within every six (6) months thereafter thc Developer ma~ request ~l~c l)cvclopmcn~ Services l)irector ~o reduce dollar amotmt o~* thc subdivision pcr~brmaacc security on the basis o~' work ct,mplelcd. Each rcqu:st l;:,r a reduction in thc doliar amount of thc subdivision pertbrmancc security shall be accompa;iicd bra s:atcment of substantial completion by the Dcvch:,pcr's engineer t,)gethcr with thc project ." ;. rccor,.,~ ncccssa~' Ibr rcvicxv by th~' Development Sca'ices Director. 'l'hc Development Semites l)irector may grant thc request l;.,r a reduction in the amount of thc subdivision perlbm~ance security Ibr the improven~ents completed as oFthe date or'thc request. $. In thc event ~hc I)cvclopcr shall Ii, il t~r neglect to /~Ifill its obligati~ms under this .,Xzr=cmem upor~ cor'tification of such Failure thc County .'Xdministrator may call upon subdivision pcrtbrmance security to secure satistk~cto~' completion, repair and maintenance oF the required in~provcmcr]ts. The Board shall have thc right to construct and maintain, or cause to be constructed or maintained, pursuant to public adve~iscment and receipt and acceptance oF bids. the improvements required hereto. The Devdopcr. as principal under thc subdivision pcr/brmance securib', shal[ be liable to pay ~md to indcmnil'v the Board. upon completion oF such constr~ction. I'agc 3 9EC 0 1 1998 o.,nt~a<cnt co,ts, it,go:her v.i~h a~',' damage>, either direct or cunscquemiaL which thc }~c, ard re;tv ,,ult..c c~ftt;c l)?.'ch-,pcr to fulfill all oftt~c provisions oI'this .-X;rccmcnt. 9. -XII of thc t.r ..... covcnams and conditions hzrcin contained arc and shall bc bindin~ 87311 thc I)c', c!oF. cr an,.t thc rcspccli,, c succc.%' ~s arm assi?s o/' the I)cvch',;-er. I.N \VI'I'NI.L";S s,\'l l l'71/Ef)l.'. Iht }h,ard anJ th:.' I)cv¢lopcr h.:',c cau>cJ thi, ..\~rvcmcnt t,, be c:,;ccuicd bv ;h.';r ; ' , ,, ,.,t:~'. auth,'dzc,! rcF. r:..,sct~la:ivc:~ t~.!s ~ da', o:' . ]9%q. ['rh~eJ r r t} ?e~ A 'I i~{)..XP. Df~f (()L'N['~'CO',I.NIJF~I( Collier County A~tornes COLIZE.R COLLN'TY LA.ND DEVELOnLLENT CODE PEKFOR),L~,NCE BOND .:. BON-D # ].371191 KNOW ALL PEXSONS BY TI-ESE PRESENTS: tJzat Grey Oaks Devel.zvmenr Camaro'Eeo 264¢1 Ge ]den Gate Park.;.'av, Suite 4'11I, Na=!~, FL 34105 .... · ' Cnereb. afier :~e.rred to as "O~rner") and Am'='e~ SureR. Insurance Ccmvanv 4930 W, K~-nne:isLElv.~d. ~.M~.,, Tampa, Floriga 33612 ....... - - Cnert~af:~r referred to as 'Surer)'") are ke!d a. nd firmly bo'J~d u.nto Co'er Count'/', Florida Or, etch: Etcr hwf'al money of ~he Untied States, fo.' the payment of wl'.J;~_b sum we"el and truly to be m~de, we b;~d outs;lyes, our heirs, ex.tutors, admlalst:ators, successors and asfigns, joir. dy and severaJJy, fu-mly by: presents. Or'ncr and Surety a~c u. sed for singular ce plunJ as the con:~..,:, req'aL-cs. THE CON'DrT[ON OF THIS OBLIGATION is s'azh that where as, :he Owner ha su bmir~ed far .a?p: oval k:,' th.- gsard cenziz: subdi','isian p],m named ?Ermkag::!: Gr~-;. Oaks Subd¼s_jo__a and that ce:'t~n sub'avL:isa sh,',E include- specific im?rovr, zr.e_,~ts whidn aze ret'aL-ed b5,. Co'er Counp/Oral.in,ace4 and tR~solu:Jcz s [zere"mafter "Land De'.'eloorn*.em: R~.,maJa do:.,s"). T~.is cbli?a:ion of~e Sure:v shalJ c or-~n:: race cz :hz da:.' ~:; hand is exec'u:cd ;,aa ~ha!l cont.;nut ~.:nt:.l the date z: £m:d ac~ptznce b)' '..he 3a~:d of Count:.' Co=..~s:i:0ners of :be sp~c:.::ic ir?.provem:nts dexcrib¢~ b'. tee Land Develo?m:r_: O:r'zJz~q'r th'.' =mLir.zzU- NOW, T'F'~KEFOKE, if t.he O~.'n~-r sea21 weJJ, truJv a.=,4 r :.~,t_.n accord'm:.-. '='ith th.- Laud Dm':lcpm=nt R:g'ala:ions during the ~:,-,m:y period estabh~ed b) the Cou.:.r),., and the O'~mer sh~!j s.,:bfv at/claims and d~ma~d_s incu.-r~ and shall .'~ly ind.-zr_~"/~d save ha:."r'2.-ss ':" Count;' f-rom and against =il costs damages which it ~7 suffer by rea.san of failure to do 50, and s~al.! reLmbu=~kand re?ay th: Cctmty ail ouda), and ~'-,r=e.=se ='Mch tee Count)' may L~cur ~ z',.akLng good nay defau.i:, :~cn tSds obEgadon shall be void, c~'--wise to e/£ect, remain ;,,.: FaLl PROVIDED, FURTHEK, that the Surer;.', £or va.]ue retired hereby, r.i?ular:s and agrees ti. at nc c:c:ension cf dm.*., al:oration, ad~fion or d-~iedcz to the pr=posed s?ezLfi: improvements sh :,11 b an), way aec= i= obUgadca on dzis Bonck ~d it does hereby waive nc:ice of an)' su~ ck,,~ge, ext~_v..sian alteration, acki. ition ar deletion to the proposed spec:._f.c im?roveme_ats. PRO'~qDED, FLrRTHEK, :hat it is expressly agrc:d :hat the Eoad sha!l be deemed amended automati.:aily and immediarei;., '~'ithout :%rrna! and separate amendments here:c, so a.s to bi.ad the Owner ant the Sm'cv-~/t= the ful3 and fzithfu, l perio.~"ma=:e Lt: accordance with tee Land Development ReguJadon:. the t---m "Amen&meat", wherever used in rhit Bond, and whether referring to th.is Ban& ar athe: do:~urr.ents shalI imdude zny akeration, addition or modLqcatian of an). c. harac~e: whatsoever. DEC 0 i 1998 COt%Tf ' { ~" COg., ~. ~J llsborough Th~f:re~=~in~,~uent='~ac~:=Je4g~g~fereme~: ].1 d;yef~te~)o~99g, ky Cheryl L. Beair (Serial numar, il =~7) Expiration l).tle: 6' ], l.,t~ PO',vER NI.'.',:~;ER 0000577J?0 . -.' ~ -o-,. ,-o°.-:.:.n;:: :a~.;::~:-'~"'''p'''',,c~h '.,t ,~ )o'.'Am~¢s:Sure:'.I~utdnc¢Ct,..,.an: on o,~ :~'-'. b.~,:- C'- ... ........ . · ... ~.. , ........... t- . .... .' ..... ~ .~ ,'. , ~ I~ ..... c, Po'.,.c; o," ,.\::,v~c? ("P()'C'~ att ;ahd Th!s POA ~J:. r.o: bc used ia KNO'o.' ,V, [ d':' ~ ~.-' ~F PR,r~..' '~T. fi'~: .\m.~rc S ;re::. Ir~.:ra:'ce ('o~Tar.:..: .X'cb:ask.~ c,.,;'or:~:',-.-, a'd. ['ar 'A'c,: Ir.~::an.'c ( Stephen A. Murr3s Ar~¢t~ £. ('~rdlnalt- C,~mpa-... ~ . . ca.~:2 :?.c~c trc,..~: :,, ~c '. ::; c,::~cc';, ar:d its John E. Sa~2~'e 2~ ~tcn G Cohen. ~,:~.~[.. kr, o~v. 1o mc Jar p~o'.cd to m~ Amwest SURETY RIDER To be at~ached to and form a pad of Bond No. 13?1191 in the amount of .$~2.83} __ on behalf of Grc_~ Oak_, Dc~cl,,pmcnt ('nrpor~tlio, , as principal and executed by AMWEST SURETY i,,~g,tcl I=Z~,r,,,,~f¢[ COMPANY, as Surety in favor of Collier Cotlfl[x : - . as obligee. Effective date of change: In conside;al~on of the rnutual a,,'jreerner~l he, rein con!air, ed the Principal and h~u Surety hereby consenl tO the following qnges: TO: SPl.llS.:_.'t'incb onc.lhou~:Lnd.oJ~C, hLmdrcd fil'lct'n ....................................................... Nolhing herein conlained sha:l ,.,ar), alter or cxter',J an';, pro,,,;sion cr cond¢,~on o: ~his bond except as herein exp~ressly staled. SIGNED, SEALED AND DATED THIS "cO* R4,~ ~C-~% .A31'WEST SL'RET'Y INS. URA~CE CO,'ltPANY DEC, 14, 1995 ¢~+ -'.~/ Cheil L. ~aird DEC 0 Z 1998 SURETY RIDER To be attached to and form a pad of Bond No. _LO~lgl in the amount cf _~82,832 on behalf of Grey Ook~ Development Cor!mration , as principal and executed by AMV,,/EST SURET'Y INSURANCE CON1PANY. as Surety in favor of Collier County . as obligee. Effective date of change: NrJvembcr3 19')8 In consideration of lhe mutual agreement hereto contained l,"',e Principal and the Surety hereby conser:: Io the following hanges: ..'crease bond amount from: S82,,~32~-Ei,'.zht).mo_fllou~znd ci".~htl'.undrcd.tkirt)_mo ............... To: 52J,11 &-.%in el y.o n c_:ho~and_on~mn drcd£fftccn __ t',/othing herein cor'4amed shall varF, alter or extend any pro,,qsion or condition of t,"t.;s bond except as herein expressly stated. ;' SIGNED, SEALED AND DATED THIS 5ovcmber3 EXECUTIVE SUMMARY REQUEST TO APPROVE THE FINAL PLAT OF "GREY OAKS UNIT THIRTEEN" OBJECTIVE: To approve the final plat of"Grey Oaks Unit Thirteen", a subdivision of lands located in Section 24, Township 49 South, Range 25 East, Collier County, Florida. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Grey Oaks Unit Thirteen". These documents are in compliance with the County Land Development Code and Flor/da State Statue No. 177. AIl fees have been paid. The developer has provided approved secur/ty in the amount of 110% of the cost of construction to construct the required infrastructure. Engineering Review Section recommends that the final plat of "Grey Oaks Unit Thirteen" be approved for recording. FISCAL IMPACT: The fiscal impact to the Count,,' is as follows: The project cost is 5450,295.14, to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer .5249,234.67 b) Drainage, Paving Grading $201,060.47 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 18900 - Development Services Revenue generated by this project: Total: $9,086.26 Fees are based on a construction estimate of $379,964.45 (water - $70,330.69 is ~Tity Naples) and were paid in September, 1998. DEC 0 1 1998 1 The breakdown is as £ollows: a) Plat Review Fee (5425.00.4- $4./ac - $49,..~_, b) Construction Drav,'ing Review Fcc Water N/.,\ Sewer {.50°.~ const. Est.) - 58.94.52 Drainage. Paving. Grading (.425% const. Est.) - 51.253.97 c) Construction Inspection Fee \\"ater N,'A Se'~*.'er (1,5% const. Est.) - 52.683.56 Drainage. Paving. Grading (I .275% const. [-'.st.}- 53.761.88 GROVt,'Ttl .",IANA(;EMENT IMPACT: The Concurrency V','aivcr and Release relating to ccmditional approval has been reviev,'ed and approved by the County Attorney's Office for the project. ! R E C O.",I 51 EN I)AII ON: That the Board of Count', Commissioners approve the Final Plat of"Gre;' Oaks Unit Thirteen" for recording, execute thc auachcd Construction and Nlaintcnancc ,,\grccmcnt. and accepl thc 110% securit,,. PREPARED BY THOMAS E. KUCK, P.E. DATE EN(;I NEERING RE',,'I EW .MANAG ER REVIEW, rED BY: R/OBER5 3. MULHERE, AICP DATE PLANNING SF~VICES DEPARTMENT DIRECTOR APPROV~ BY: VINCENT A. CAUTERO, AICP, AI)MINISTRATOR DATE COMMUNITY DEV. ANI) ENVIRONMENTAL S'V'CS.' ' GREY OAKSUNll I IIIRT[:ENEXSt'MMARY,,md 2 DEC 0 1 1998 PiN[ ~ PPOdECT ~ , LOCATION , ~LD~ ~ ~ O~S LOCATION MAP DEC 0 ~ 1998 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS TH'IS CONSTRU(YFION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this __~da,,' of November, 1998, between Grey Oaks Development Corporation, hereinaher referred to as "Developer", and the Board of Count>' Commissioners of Collier Count.,,', Florida. hereinafter referred to as "The Board". RECITALS: A.. Developer h,"Ls, simultaneously, whh the deliveO. of this Agreement, applied for the approva! bv the Board c, fa certain plat ora subdivision to be known as: Grey Oaks Unit 13. [3. Division" ~ ~.,. of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the constt-ucdo;~ of the required i,mprovements. NOW, TIIERFiFORE, in consideration of the foregoing premises and mutual coven~ts hereinafter set f'or~h. Developer and thc hoard do hereby covenant and agree as follows: I. Developer will cause to be constructed: The paving, drainage, potable water, irrigation water, sanitao' sewer and street lighting improvements for Grey Oaks Unit 13 within '~ twenty-four (24) months from the date of approval of said subdMsion plat, said improvement hereinafter referred to as the "required improvements." 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a pan hereof) in the mount of Four Hundred 'bt .... ~:--- DEC 0 1 1998 Gte,'. OaLs L'n;: 13 'D~ousand, Three ttundred Twenty-Four and 65/100 (S495,324.65) Dollars which amount represents ten percent (10%) of the total contract cost to complete construction plus one hundred percent (100%) of the estimated cost of to complete the required improvements at the date of this Agreement. 3. In the event ofdefauh by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County, ma:' call upon thc s~:bdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a s~atement of substantizd completion by Developer's engineer along x:Sth the final project records have been furnished to be reviewed and approved bv the De:'eh.')pment Services Director for compliancc vdth the Collier County Land Development Code. 5. The Development Services Director shall, ',,,'/thin sixb' (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of its preliminar'~.' approval of the improvements; or b) notify the Developer irt ',:'r/ting of its refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order ~o obtain the Director's approval of the improvements. However, in no e:'ent shall the Development Services Director refuse prelimina&' approval of the improvements if they are in fact constructed and submitted for approval in accordance :,,'/th the requirements of this Agreement. AG E NI:)~ ~I'E M_ NOI 2~)~ I ,ESBM. 2~021 DEC 0 i 1998 6. ~e Developer shall maintain all required improvements for a minimum period of one year after prclimin~- approval by the Development Sen'ices Director. After the one year maintenanze period by the Developer h&g te~ina~ed. ~e Developer shall ~tition the Development Sen'ices Director to inspect thc required improvements. ~e Development Se~'ices Director or his designee shall inspect the improvements ~d, if found to be still in compli~ce with the Collier County L~d Development Code ~ reflected by final approval by the Board, ~e Bo~d shall release ~he remaining ten percent (I 0%) of the su~ivision perfo~ce secuNty. ~e Developer's responsibility for n~aintenance of the required improvements shall continue unless or until the Bo~d acceg4s main:chance responsibility tbr ~d by ~e Co,mqtv. 7. Six fo) months after the execution ofthis Agreement ~d once ~5~in eve0' six (6) montk, s thereafter the Developer may request ~e Development Sec'ices Director to reduce the dollar amount of the subdivision perfo~ce sec~ty on ;he basis of work completed. Each request For a reduction in the dollar amount of ~e subdivision ~rfo~ance security shall be accompanied by a s~atement of substantial completion by the Developer's engineer together with the project records r~ecessa0. for review by the Development Se~'ices Director. ~e Development Se~'ices Director may gr~t ~e request for a reduction in ~e ~o~t of ~e subdivision pe~onn~ce security for ~e improvements completed ~ of&e date of~e request. 8. In ~e event ~e Developer shall f~l or neglect to fulfill i~ obligations ~der ~is Aweement, upon certification of such f~l~e ~e Co~b' A~iNs~tor may c~l u~n ~e subdivision perfonn~ce secu~ty to sec~e ~fisfacto~ ~mplefion, mpMr ~d mainten~ce nf the Grey O,,ks Uni: 13 required improvements. The Board shall have the right to construct and maintain, or cause to bc constructed o; maintained, pu:suant to public adverxisement and receipt and acceptance of' bids, the improvements required herein. The Developer, as principal under the subdivision pcrformanc¢ securhy, shnll be liable Io p%' and to indemni~' the Board, upon completion of such construction, the final total cost lo the Board thereof', including, but not limited to, engineering, legal and conting~nl cos;s, Iogcthcr with any damages, either dir¢c~ or conscqucntinl, which the Board m~v sustnin on ~ccoum ol'the £~ilure of the Developer to fulfill all oft. he provisions o£this Agrecmcnl. 9. Ali of' thc term£? covenants and conditions herein contained ar~ and shall be bindin~ upon the Dcvclc, per and the re£pecti,,'e successors and assigns of'the Developer. IN WITNESS W}tEREOF, the Board and the Developer have caused this Agreement to bc executed by their dui.'.' authorized representatives this ~ da.,,' of November. 1998. DEYT. LOPER: Signed, Scaled and Deli,er.od Gre,' Oaks ~n~?.,qS'6~io Signature LEA ANN KORN James M. Ink Printed or typed nam e Printed or typed name C~..[,j% ~, ,O~.~~__ V ice-PresidentofEn~:ineerin~.andConstruction Signature Title KlM D. DAVIDSON Printed or b'ped name A'FI'EST: BOARD OF COUNTY COMMI~SI~NC.'RS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA B.v: so ~"7' ,, ....... - ..... .. DEC 0 i -. ': L-.: " ..-"::.'' ,' .,. Po. "7' _._.... Deputy Clerk Chairman Approved as to form and legal sufficiency: Da 'id c.-Wcigel,"'Esquir~ Collier Count,,' Attorney 1-43~29 Va' 011-N"HOI~'~ DEC 0 i 1998 : C' ~ .~ .... COLLIER COUNTY LAND DEV'ELOPMENT CODE PERFOFLMANCE BOND BOhT3 ~ 1371188 KNOW ALL PERSONS BY THESE PRESENTS: that _Grey Oaks D-".'e]o',ment Corpora:ion, 2640 Goiden Gate Par!.:t.'av, Suite ~'111, Naples, FL 34105 (]~ereinaher referred to as "O~.'ner") and Amwest Surety Insurance Ccmoaa;., 4833 W. Kenned*,. Blvd., #540, Tampa, Florida 33617 (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida (hereinafter referred to as Count;.'") tn the total aggregate sum of Four hundred ninety five three hundred t=.'entv ' five. (5495,325) in lawful money of the Untied States, for the payment of which sum well and truly to be triode, ='e bind ourselves, our heirs, executor% adrrPnistrators, successors and assigns,' ' - · join,l) and severaEy, firm]l:,. by these presents. O'~'n.*r and Surety are used for singular or plural as the contem requires. THE CONDITION OF THIS OBLIGATION is such that where as, the Owner has .~ubndt~ed for approval by the goa.-d certain sub,'q~".'sion plan named Grev~Oa___ks Unit 13 Subdi*,dsion and that ceaain subdivision s?,ali ipclude specific impro'.'ernents which are reunited by Collier Co=ney-Ordinances and Resolutions (hereLnaEer 'Load D~'.'olo-,m--. Regulations"). This obligation of the Surety shall commence on the date this Bend is executed and sh~ continue until the date of final acceptance by the Board of Count;,. Com.."~Pssien ers of the s?c;";c i-o ........... desc,dbed in the L~nd De;'dODment Regulations OereinasSer the guaranty period). ' ...... *- NOW, THEREFORE, if the O';,'ner shall well truly and fa;,h~:,,ll, ,.~ ,' - ' ...... ..... , .. - ....... .,' v-r, orm its obligation and duties in a~cor~a ..... i,~, ,ne La.".d De'.'elopmeat Regular:ohs during the g'~za.-anty period established by the Count)', and the O:vner shall satisfy aU claims and deft, ands incurred and shall fuLl) izdemnify and save harmless the County from and against ali costs and damages which i: may suffer by reason of Owner's faLlure to do so, and shall reL'nbu:'~e and repav the Count). all outlay azd - ' ' · exp.nse waich the Count). ma)' .!' incur in making good an,.' default, then this obligation shall be voidl other'~'ise to remain in full force and effecz. R a urety,, f.o].value r.eceived hereby, stipulates and agrees that no change, e i *, ' , ~mt~on or ~ele~on to the proposed specific improvements shall in an), wa)' affect its obligation on this Bond, and it does hereby waive notice of any such change, ex'tension of time, alteration, addition or deletion to the proposed sped/it improvements. PROVIDED, FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the full and faithful performance in accordance with the Land Development Regulations the term "A-men&merit", wherever used in this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. 1998 ~OTAAY'S C OU%~T ttJ l~sborough ~ephen ~. ~rray ~ ~hm~of,ck:o~..~T,/prh:or~;mp.) Expiration Date: 04"17/00 POWER NUMBER 0000877171 This documCr, t is p~n:ed on ',.?,:cc paper containing O',e amficla', ,,v~:c'rrmrked IoEo ( ,~ ) of Amv..est Sure:.',' lr. surance Company on the front and brown secuHr/paperJ ~0 on the back. Or, l;,' u.",aI:.~.e.'.i ongir, als of thc Limqcd ?ov,'cr of Anomey ("POA") arc valid This POA rm_y r,c; bc used in conjunction v, ith an.,,' other PO/', No rcprescn"qiens or .,,.;~.':ar::es r:gardmg :,~.;s PO,", may be made b.', zn? person Th~s POA is go',.emed by the la'~.s of thc Sate of NcbrasLa and is only valid ur¥il thc expiration d.~lc. Am'.,¢s: Sure:': Insu;ar. ce Cempar.) and F:,r Was: insura.'t.c¢ Com;a.%v (coli¢c6','ely the "Co.,m-.~n';"') shall not bc liable on an).' hmJ:ed POAv, hich is fi':,udu!enfly produced, f~ged o: o:h;rv,;se d~s:ibu:':.d · '"' '" :he p.-'.m:~s:or, or,he Company. Any pa.'fy cen:..-~'..ed :,bout thc ,.'alid~:y of h%S PO.,',. or an accomp:Jn.','in~ Co,"r'¢a ny bond s.'~uld ca~i ?o:: local Am,~ cs: bran:?, office a; ...{~._i .t_~J~ 28% 15"/6 KNOW ALL B':' THESE ?RESENT, f.'-.a: Ain't. es: Sure:'/Insuran:e Co.,'w~,~ an', a NcS,'aska corporation 2r,,d Far West nsur=r, ce Corr.,panv, a Neb:aska corporation (collectively thc "Co..';~a.'v:"). dr, h.-'re~y make, cnns:;:u:e and appo:n: StcphrnA. Murray Cheryl L, Beaird Anet! E. Cardlnale As £mplo)eesofAM\\'ESTSL'RETY INS['RANCECO its ~e and lawful At:om.'?.m.fa::. ,.,,:th h"r~:ei p¢,v.~ ~r~ ~uth{>n:? fa,; an,.' on behalf of:Ye Ccmpan.*, as sure:;, ;o execute, deli'.~ and affix th.,: seal of Inn company thereto if3 seal is rcqu~:cd or, bonds, und.-'r~;.;r'~s, recoF'.:zan:;h rc:ns~,rancc a~'teem;r,: fc,t a ;,l,E~ A¢I or other per for"~:'.cc be, nd or Ohhet v, rn:en obhga:mns in thc nat',rte :h~enf All JBond', up to 525,000.00000 and :e '.nd ;he company :he:thy l'h~s a?,',o:r.:me;: ~s ma:J,r und~ and by au:homy of :kc B?-Lav, s o,"the Compan?. '~t~ch are na'.~ ;n full force and I, Ibc undc'rs,gned se~em? cf Ar.",.~.es: S,;:¢:) lnsu:ar, ce Cnmr-"L',. a Ne'~ras',:a co"Tc:'atmn and Fa: West lns'.'nnce Co,m'9~an;,, a :,;chras;:a carp,;to:mn. DO CERTI?Y that :~is pou, .~. ,'>f At:z-r% tc'~2:r ~ in fz~: Gr-:: ~-d :fac'. and %as rot be:.-. :r,'¢k,:J and furthermore. 17.:: th,: r :.~¢h.:r!cn~ of;he Boa:d c,f [)~recmrs of both Surer.', Insurance Compact, and Fa' ',Ye:: l".s.rance Cam;ar) sc: f,:'?, er :?4 p.aa~ of'At:oma:, ar, d CE:: thc re!:',:.-.: ¢rc.s:s:ons of:he Po-La.~ s of each company, ~re nn~, in furl force -.nd efta:: Karer.£; Cohen. Secrctar) · ................ R[-iSf}I lilt)NS OF 1 lie B()4RD OF D!K£CTOI{S · · ' ............ '" · R~SOLVED, ¢'.a: :he ?r,.'s:dcr: o, an) 's'~ce ?;:5 den:. m conic, nc'tan ',~xh :he 5e~,ep~' or an). ASs:S'ar: Sc~¢~r:.'. may ,:?point a::orr, rys-in-fac: e: autho, ity as d.,:',]n:d o: h,":',r.¢d ;.-. fi'.e m,:':,r-.cn: e'.,2~".:;'./ :kc a:p.s'.":mem ;n each ca~e. fo: and on behalf oF hhe ComFa'Z. to ex:c'u~e a"d dab;er and af:'~x thc sfal of thc Cot .ny.: ny to bonds, under~;..ngs, rccogmzar :.,:'~. and au?.:? ;ha7. ohh~at:ons of al! kinds, an[' sa~d of fl.:ers tray rema',c any such at:orr,ay.m-fac: o: agent and rcs okc a[,y POA preVh 4) granted losu:~, at,t-" s'rr.-'/ ~? thc ?rest,Jan: c: ar) ',hca Pr;sad:n: or S.,x:emr). or Assisun: $c.::-:2r), and ceun;e:s~gr, c,l and sca!cd (ifa sca! bc tcquired~ b~;: a du~y authorizing :he execu::cr, and d:h~ .-'rt, of ~'~) bard, urds~z,'..mE'. racet're:ante, or other suret)sh*p obhsa:ions of the ComF'.my, and such signature and seal s~hcn so used shall h~ve the ~mc force ~nd c rfc'c; as :hcu? ,"r.~nu::;)affi IN WITNESS WHEREOF, Am'~,."st Surety Insurar, ce ComFany an~ Far West Insurance Company ha'.c caused th)sc present to be signed by its proper officers, and its eot'pot, lc s~ls ~ ~ hc*eun:o a f,qxed t~.~s Ia:h d~4~De::mbcr, 19q" ,., Sa~aL;e.'Pres~dcf,: - Knrcn G Cohen. Sma orCatirorn, ia Counly of Los Angeles On Deccmb~ 12. IDg7 be:for: mc. PeEg': B La,or Nc'~ry P,?:hc. pc'rsonaH), at'pea'cd Jo?~ E Sat'age a.".~ Knrc'n G Cohc-n. ~rsor. ally knou. n :o mc (or proved c~ Iht ~sis of ~fisfacmr'7 ¢',iJercc) :o b~ thc rersor.<'s1 *.}',<>sc n.,.mets) ,s'are subs~;bed :o :he ',,nthm msb-urncn: and acknowledged lo mc all that ha'she/hey e,(ecu:ed the ,.~rr~ in hisl'm','thcir au;h<>nzed cap',c~;.s(,es), and ;~J: b? )~:s'r. cr :herr s:gna;ur:(s) on thc in~tru."ncnt thc pc'rson(s), or thc entity upon bc)',If of v. hich Ihe ?<arson(s) acted, t"a¢c'utcd thc in.m'umcnt ~ ~.~ ~.- ~.~ EXECUTIVE SUMMARY PETITION TM 98-05 FOR THE NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM (NTMP) TO INSTALL ADDITIONAL TRAFFIC CALMING MEASURES ON KINGS WAY WITHIN THE FOXFIRE COMMUNITY. _OJ~~: To approve Petition TM 98-05 to allow for the installation of two (2) additional speed control humps on Kings Way in Foxfire. _C._O.~I~DJT~t~: The residents of Foxfire, through that community's Board of Directors, has requested tile installation of two (2) additional speed humps. As part of the original plan included in TM 96-12 which was approved by tile Bonrd of County Commissioners on October 8, 1996, a series of six (6) speed humps/raised crosswalks were illustrated on a plan (Attachment 1) included with the Executive Summary presented to the Board. At that time, the Foxfire Board of Directors requested that a singular raised crosswalk be installed in addition to a gateway treatment involving the narrowing of the Radio Road entry to Foxfire. These measures were envisioned as prototype installations that would subsequently be evaluated as to their effectiveness. Tile community did participate financially for these installations. After a reasonable evaluation period, thc Fo:<firc community requested an additional raised crosswalk installation and two (2) speed humps. 'File request for these additions were essentially hs depicted in tile original plan and were presented to the Board of Counly Commissioners for approval on May 13, 1997, approved and installed. Since lhc completion of the original installations and the latest series of traffic calming measures, recorded vehicular volumes have declined and recorded vehicular speeds have been reduced to levels conskl,.'rcd acceptable under guidelines contained in Neighborhood Tra£fic Management Program outline. However, thc Board of Directors of Foxfirc have again approached thc Transportation Services Department requesting two (2) additional speed control humps be located closer to the Radio Road and Davis Bo,levard entrances (Altachmcnt 2). Both locations are consistent with the original concept, hov,'cver, because vehicular volumes and speed are within acceptable ranges, the Foxfire community ]las agreed to finance tile requested additional two (2) installations entirely. The cost for the installation of the speed humps, pavement markings and signage is estimated to be $2,800. The Foxfirc Board of Directors will submit payment to the Board of County Commissioners if approved pr/or to construction. The Transportation Services Department would coordinate the construction activities as it relates the County's jurisdictional interests. The above-noted amount is an estimate therefore, any unused monies will be returned to tile Foxfire community upon completion of the approvcd project. L .2 ..... I Executive S t~ ll'Hll ai"~. Petition TM 9S-05 Install 2 Speed Humps in Foxfire Kings Way Page 2 FISCAL I.XlPACT: Total expenditures for this item are estimated at $2,800 and will be funded entirely by a payment from the Foxfire Board of' Directors. The 52,800 payment will be requested and deposited into Road Construction-Gas Tax Fund 313-163673-344930-66076. Foxfire is responsible for the total invoiced cost and will submit the estimated amount after Board approval and prior to commencement of' construction activities. GROWTtt ,X!ANAGEMENT IMPACT: None PdZ_C_Q.M~I_F, 5'DATION: That the Board of County Commissioners direct staff to coordinate the implemen::uion of these additional speed humps on Kings Way in the Foxfire community, to' obtain funds :~ estimated from thc Board of Directors of Foxfirc, ~o coordinate construction activilies and ~o mninlain appropriate conslmc~ion cosls for thc projecl, and to approve ~he associated budgcl amendment. REVIEWEI3 ~,~..~~_~, t , DATE:Z(Tff'TF Edward J. Kant,?.~/~ransportation Sec'ices Director Ed llschncr. Public Works Administrator Attachments DEC 0 11998 I~G. ~:~ UJ ~S ~' ~ .x X ~'. '.'~" '.. '~',. ' 0 ~ ,'.- ,' ~.., / ":' ~,.~ ~ ~"ih: " (4) .... _ _ h ~.: ~:~; ~'Y-,. :' , ,':'"' , : · /-~....=, ,.' j ' . ...... ~ ....... / :: ..;~ ' "' ~1~ · ','.= ..? .'.'..';-'/' ~ ', ., .. ~.,;~......'." . _. ~ ', ,,E: i ~:,'~.'.~_-~ '~. ..~ -,-.~v:;'.~,._. ............ ~ ~E .... ,~." . , ..~ ~: ...:,:.~.:~ ,...., ~L:'~ ~./ ~. '~.,'~/ .... ~w: ~. ~~..~I_,;~:; ~. /.S, 2, . ~ -.'~ . , · ~'_. ' .. ~,~.: - / ~- ::, ~ ~ , ~, ~. - .... ~ ..:,-.~ ~ ~?,', ~,~, t, ,'~ ~' ,,- / F "' I'i '~'~ V'~:: ' j~.:, ~,..~ _ ., i,i .._'. x ~" "~',: I, . ' , . ..... ~'=,.' ' ~' -" - .. m ! ~E~D~ I~1~ '?:; .'~ ?":'.;~ ~- - ' ' ', .... ' ' '? '~'~'"~'~':' ~'~":";'] '~' t 'z' ',. I /~.~)'",~:~,~ ,I NO. ......... ' '" ''"i "~' ' ""' '~"~ ....... '"~'' / DEC~n,11998 [ o / < .... ,.". :.~.!"~:.~:.',,.. ~. .,.,r ..,: t ";'~I .' 'j I' '"'? - "; ' ,'" "~t*,{ .... I I-,'"';i~ ~Y.-. ~_~ .... .:~.~' ~' " ~0 , .... , :, ..... ~ >. ; ....-._.-: , .... ~, . '~.., F'~- .... :../ ., __~., ,.: ?.:. ,~ r , . ....:., .,, )' ' .,- ~b :'% '" / '~ , ' -': ' .'~ ,'r,, ":v.Y '" '~..'. "~" ' .... , ~ ',.,..-,,,t- x.. ~ x~.~i"i~ ~ ' ~,""0. '-',' .. ¢'..,%:'..,_~.. ,' ...... ' ~. / .... j,:: .SF'E_F_~ 0 ,,--.' ~.--..- 'xC.;Z'i .-.. .; ",'"_4" / 'x ~ ...... I i'~-'' ~ ~k ,: ~ .: ., ...... ~ l,";:,, I,T.-Z.. lilt, ,-,., -- ' ,_ '.~_.-. · ~0 -'~'.'tl', ~.. ~~,-'.,', It) :'J" '"' "'"-" "~''' . ~ j ~',:. . i'~. ~'.. ,! ; , f:'.-;, C.'''~ ~.:':.' ,: ¢ :~" '. - 7--~ SIm~EE) NUI~P ........ ,,, ~.'..'~ ½. , , ' . '~ :,- . ...... ~" '"'',' / ', "' ' " ', ~' ~ ' ~' ¢= ...... ,.i,ph.... _. . ,' :-.;¢,... ~ ", ~ .! · ,'-. ,. ·. '; ' ;.t';,, ' ~- ,?; .... i ,.,,.~qs.,.~:z. ,., -: ..... :,= : .... : ...... ,. ! J,:.. '! · ,.',.;:~.' k ~.. :, ,',~',?.~ /--.~!' .~ £ _~.. ~h.,::~,, ~E,f... ,,...o "-.Z ~.-':; ?,;.." ,, I -.*. I: :'?' ;, ,t"'.~'--'..;-'~ ,.:., r~..' ' - ¢ ~'."U.:/ r, / ~._ '.;T'..,~z'~L' h----~- 'i-- ,; ,,.:,,T · '- ..-'.'.'.'.'.'.'.'5Z~.~,., ,,,- '""~- ~"~ .,~u't,~'~'"'~,~ t~.~ ,' , . - . ..~;.i~:--~.. k..,, "" ,./ '.' ,' ~, J ,,. l ~ 'W ~ ,"~'VC" :.-- -~-. I.-', ..,._~..=,;.~.~~...u~::, .. JL f~".: '.. I~.~. :";:"! ~'~,' ¢, ,~,~' . ~ ,,r ' ,?j .......... ', ".~L.~ ,.?,' '. ./; "..'~' I ,,r:T, ,. ~ ~ , ~'~z-~, FK':,. ~%~'' ',. ] I"' Ii' :':A" $-': ~q'..'" ':'~-.. Z'-.,'~i >' ,~'- -< ' : ",=,'~.:'..."-,'/'-L""i~'.'.'f,.'; J,'? l,], ! ':. ," h-~ !,'. J,."- J,, J,;'J~ ~'~.~:.'7z ~.=.~.;:?;'~_:~'~.~---x-q j ,r..,,<,, ~',z,, ,---~' ~-; .., -,;:,/'-. "'"--.~- -~ ~ . L__."q "_'~_'-" ':'l'"I '~ .... '" ';.7 ,',b'",i';,'.,,.., ' ,...' .~ ,: · .-' ,.. .,,.,,I ,., ' ",' ',"~- '-, :', ?,', -m -- . ,'-~,,':'>',~]~1 I ~ ......... DEC 0 11998' '-=-"-"-'- , ' '.--..'--'.--.:,.' ' "~','~:~ L= '.-..r.~.,':.,,'..iu!';~ 'l ; .............. : :: :' ~'-'4.-~,: ':=:~ '.'4 ! Col,{er County Transportat{on Department Technicians: Dan ~Jlcox / Luis Truj{L~o ,~-13-1998 Volurr~ by Speed by Lane Report o OOSIIO01.PRN 07:11 Pg l 00000000002 Id: 000051198002 eld: 01 ?mt: 200 - Imperial Iht: 60 Mia, Men - May 11, 1998 at 12:00 £r~: Tue - May ~2, 1998 at l~O~ City/Town: ~APL£S/FOXFIR~ County: COLLIER Location: K;~C$ ~A¥ N OF FOX HAVEN DR File: D0511001.~ Ln1-~erth Ln2-Sauth Station Data Speed(trr~h) 1-~0 11-15 16-20 21-25 25-30 31-35 36-40 41-45 46-50 51-55 56-60 61-65 66-?0 ?~-75 Ta~al Grand Totals 51 52 223 1762 1353 2?0 30 5 1 3 1 8 2 0 1/~ 3~79 Percentages 1.35 1.38 5.90 46.63 ~5.~0 ?.~ 0 ?9 0.13 0 03 0 08 0 03 0 21 0 05 0 O0 ............................................................. ~ ............. ~ ...... ~ ...... i ...... i ...... i ...... ~...~.i~T-- ............ Lane 1 2 T~:a~ ~rand Totals ~837 19c2 Percentages 4~.61 T)~ Av~S~ 15%i[e 5C~(le 8~ile >25 ~-~25 >35 ~ ~c >45 ,~>45 25.~ 2~.55 24.55 29.32 1691 4~.7 68 1.8 33 G.9 Am/Pm Peak Hour To:als }ercentaoes 5.H8 7.59 12.1~ 9.48 5.69 5.19 6.67 C.C3 0.¢0 0.00 0.00 0.00 50.00 O.CO 0.00 7281 Hour 17-18 0 1 4 100 145 52 4 1 0 0 0 2 1 0 3 323 ~ercentages 0.00 1.92 1.79 5.6~ 10.72 19.26 13.33 20.G~ 0.00 0.00 0.00 25.00 50.00 0.00 16.67 8.28 DEC 0 11998 PG. ,.~ CoLLier County Transportation Department Technicians: Dan ~i[cox / Luis Truji[to 05; 13-1998 Voturne by Type by Speed by Lane Report - 00511002.PR~ 07:11 Pg 1 Stat 000000000001 Id: 00005119B:01 Cid: 01 Fmt: 200 - lrrceria[ Iht: 60 Mi Start: Non - May 11, 1998 at 12:00 E."~: Tue - May 12, 1998 a[ 12:1~0 City/Town: NAPLES/FOXFIRE County: COLLIER Location: lINGS VAT N OF FOXHO[J~D DR Fi[e: D0511002oPRN Lnl-Horth Lng-South Station Data S~rrrr~ry Type Cycte Cars 2~-CT Buses 2/,-SU 3A-SU CA-SU LA-ST 5A-ST 6A-ST 5A-MT 6A-MT 7A-MT Hone Other Total Grar~ Totals 28 3~80 C31 8 2~ 10 8 25 2 0 0 0 0 0 141 3/31 Percentages 0.75 ~2,55 10.75 0,21 0.75 0.27 0.21 0.67 0.05 0.00 C.03 0.03 O.0O O.00 3.78 -£- Grated To=ars 21 45 2~3 1565 1456 341 47 10 4 0 3 ~ 3 0 ,~3~G1 Percentages C.56 1.21 5.71 41.95 3;.52 9.14 1.25 C.27 0.I1 0.C0 0.~£ C.11 Lane i ~ Tcta[ Crar4 Totals 17~9 1962 37'51 Percentages 47.Ci 52.59 Speed Scs~r~ry 3~ 26.07 2~.7~ ~6.G6 29.65 I~7 5G.6 90 2.~ 33 ~.9 Am/Pm PeaE Noir ~o~a[s T~e Cyc[e Cars ~-CT Buses ~-S~ ]A-SU 4A-SU 4A-ST 5A-ST 6A-ST 5A-MT 6A-MT 7A-MT None Other Total ~ Hour 11-12 1 213 38 0 2 0 1 1 0 0 0 0 0 0 15 271 Percentages 3.57 6.92 9.4~ 0.00 7.14 0.00 12.50 4.00 0.00 0.00 0.O0 0.00 0.~3 0.00 10.6C 7.26 Pm Hour 17-18 0 263 35 0 2 0 2 I 0 0 0 0 0 0 Percentages 0.00 8.54 8.7~ 0.00 7.1c O.C9 25.00 4.~C 0.00 DEC 0 11998 _ PC,. ~ EXECUTIVE SUblMARY APPROVE BUDGET AMENDblENTS RECOGNIZING CARRY FORWARD FUNDS FOR TIlE AIRPORT-PULLING ROAD BRIDGE CONSTRUCTION PROJECT (BID NO. 98-2830). OBJECTIVE: Board approval of Budget Amendments to transfer prior year authorized funds to Fiscal Year 1999 to support the Airport-Pulling Road bridge construction agreement. This approval is also required by the Board of County Commissioners as Ex-Officio the governing body of the Collier County Water- Sewer District. CONSIDERATIONS: On August 4, 1998 [under Agenda Item No. 16 (B) 19], the Board awarded a construction contract in the amount of 5;I,291,031.43 to Zep Construction, Inc. for the Airport-Pulling Road bridge project. Due to the time required for processing the construction agreement, insurance policies, and bonds with Zep Construction, Inc and several County agencies, a Purchase Order was not issued during Fiscal Year 1998 to encumber the previously authorized funds for construction Appropriate Budget Amendments have been prepared to recognize the carry forward of necessary funds to Fiscal 'fear 1999 to effectuate issuance of a Purchase Order. .-.,.FISCAl, IMPACT: Contract costs under Bid No. 98-2830 include three (3) agencv fund sources' Road Impact Fee/Gas Tax SI,090,972.93 Water System Development Charges' S171,797.50 Sewer System Development Charges: 528,261.00 TOTAL BID AMOUNT' $1~291,031.43 (Per Award) (I) Transportation Improvements' Funds in the amount ofS350.000.00 are currently available in Fund 313 for Fiscal Year 1999. Carry forward funding, which includes a 10% construction contingency for possible change orders, is as follows: Cost' 2799,529.00 - Carry Forward Fund' 313 - Road Construction Gas Tax Cost Center' 163673 - Surplus Gas Tax - Road Construction Project No.' 66067 - Airport-Pulling Road Bridge Improvements DEC 011998 Executive Summary Road Bridge Construction Project (Bid No. 99-2530) Airport-Pulling Page Two Cost: $50,541.22 - Carry Forward Fund: 331 - Road Construction Impact Fees (North Naples) Cost Center: 163650- Road Construction Project No.: 66067 - Airport-Pulling Road Bridge Improvements TOTAL = $1,200,070.2~.(Bid Award Plus 10%) (_2) W~]er M~in.I_m_p.ros'_ements: Funds in the amount of 547,000.00 are currently available in Fund 412 for Fiscal Year 1999. Carry for,,vard funding, which includes a 2.93% construction contingenc.v for possible change orders, is as follows: Cost: S129,827.00 - Carry Forward Fund: 412 - Count.,,' Capital Projects Cost Center: 273511 - ',,Vater Capital Projects Project No.: 70880 - Relocate Water Main = _ , .9.~ ¼) TOTAl. ~,176 8.27 (Bid Av.'ard Plus 2 C3) Sewer Main Improvements. There art: sufficient funds in the current year budget and project account to transact a Purchase Order for the sewer component of Bid No. 95-2930. Budget Amendments to recognize carry forward funds in the net total amount of $979,897.22 (5850,070.22 for transportation component and $129,827.00 for water main component) ',viii be required. GROWTtl 1NIANAGEMENT I~II'AC"I": The Airport-Pulling Road bridge project is consistent with the Collier Count),' Growth Management Plan. RECO~IMENDATIONS: That the Board of County Commissioners as the governing body of Collier County, and Ex-Officio as the governing body of the Collier County Water-Sewer District approve the necessary Budget Amendments for the Airport-Pulling Road bridge project in the total carry forward amount of $979,897.22. DEC 0 11998 Executive ,Summary Airport-Pulling Road Bridge Construction Project (Bid 98-2830) No. Page Three .~S Manage II1 ~adimir'-A. Ryzi'w, P//~.~I5, Project r Public Works Enginge2'~ng Department a/.~eff Bibby, P.E., Director Public Works Engincerint~ I)epartment Ed Ilschner, Administra'tor Public Works Division a.G[ ¥'..,~ I "t t' ~. DEC 0 Bt'D(;ET A.",IE.NI).MENT REQI'EST BA# Gas Tax FUND 313 tePrepared11 1798 BCC Agenda Date ,.:,.,://q£ Item# Current Cost Objec: Projec: Increase Year Revised Center Code Number Project Title (Decrease) Budget Budget 163673 763100 66057 Airport Road Bridge 799,529 120,000 919,529 Total 799,529 120,000 919,529 REVENUE 919010 489200 Car,"/Forv,'ard 799,529 13,875,700 14,675,'229 WHY ARE FUNDS I'~EEDED',' Funds are needed rot t,",e co-struc:,on contract for th_e Airp_ort Putline Road Brid,qe PrOl~ct_...: WHERE ARE FU~'-~DS Funds are ava~lab!e ;r, Func :; ;3. add~tio~-;al cart./for~','ard. t~OST CENTER DIRECTOR .~).,..~~~~... BUDGET DEPARTMEI',IT AGENCY MANAGER FINANCE DEPARTME¢IT CLERK OF BOARD ADMIH INPUT BY: B.A. NO. BL'I)(;ET A.MENDMENT REQUEST BA# O Road Impact Fee Dislrict 1 FUND 331 Date Prepared 11/17/98 BCC Agenda Dale /=,///'/! Item # /b,,/~,) ~'i. Current Cost Object Project Increase Year Revised Center Code Number Project Title (Decrease) Budget Budget 163673 763100 66057 Airpod Road Bridge 50,541.22 50,541.22 Total 50.541.22 50.541.22 REVENUE 919010 489200 Carry Forward 50.541.22 8 023.400 8.073.941.22 WHY ARE FUNDS NEEDED'~ Funds are needed for the cons,ru..,~on conlract for Ihe Air,cod Pulhnq Road Brid.qe Proiecl. WHERE ARE FUNDS AVAILABLE? Funds are available m Fund 33i additiona!carPtfon/,,ard REVIEW PROCESS DATE COST CE NTE R DIRE C TOR _.~ --'~'"'~_//~_~~ DIVISION ADMINISTRATO~_~ BUDGET DEPARTMENT AGENCY MANAGER FINANCE DEPARTMENT CLERK OF BOARD ADMIN INPUT BY: B.A, NO. BI'Df;ET ASIENI)51ENT REQI'EST BA# 3ter Capital FUND 412 ate Prepared 11/17/98 BCC Agenda Date /-.:'-,/' / ?[ Item # 15 (Z; f '-...' Current Cost Object Project Increase Year Revised Center Code Number Project Title (Decrease) Budget Budget 273511 763100 70880 Airport Rd Bridge Reo~a,eWM 129,827 15.000 144.827 Total 129.827 15,000 144,827 REVENUE 919010 489200 Carry Forward 129.827 6.069.400 6,199,227 WHY ARE FUNDS NEEDED? Funds are needed for the construction contracl for the Airport Pult~nG Road Bridqe Project. OIERE ARE FUNDS AVAILABLE? Funds are available in Fund 412,. additional carry forward. REVIEW PROCESS DATE BUDGET DEPARTMENT AGENCY MANAGER FINANCE DEPARTMENT CLERK OF BOARD ADMIN INPUT BY: EXECUTIVE SUMMARY APPROVE A CiIANGE IN TIIE DESIGNATED HOLIDAYS FOR SOLID WASTE COLLECTION AND LANDFILL OPERATIONS CONTRACTORS. OBJECTIVE: Increase tile quality of customer service by deleting the New Year's Day holiday and adding the 40` of July holiday while maintaining thc current total ofthree allowed holidays per year for waste collection and landfill operations contractors. CONSIDERATION: Collier County provides for the curbside collection of solid waste, yardwaste and recyclables in the unincorporated portions of the County through franchise contracts with Waste Management, Inc. and the Immokalee Disposal Company in their respective service areas. Commercial dumpster service is also provided by the franchisees. The Franchisees provide service Monday through Saturday throughout the service year. The contracts specify that only three holidays per year are recognized, l'hose holidays currently are ThanksgMng Day, Christmas Day and New Year's Day. Customers with service falling on those holidays miss a service opportunity and receive service on their next regular pick-up day The current holiday schedule causes customers to Iose service opportunities two weeks in a row on Christmas and New Year's Day. This presents a problem for many customers who routinely fill their recycling bin to the brim on a weekly basis when the Ct;ristmas and Ne,,,., Year's holiday falls on their collection da3,'. The current schedule also presents a problem for some commercial dumpster service customers during tile very busy holidav season. Deleting the contractors' New Year's holiday and adding the 40` ofJuiy holid,~y will improve customer service in the situations noted above. WMI and lmmokalee Disposal Company management are in agreement with the proposed change. ]'he proposed change would also affect the County's landfill operations contract since the landfill must be available on collection days. WMI's landfill manager is also agreeable to the proposed schedule. FISCAl, IMPACT: NONE GROWTI! MANAGESIENT IMPACT: NONE RECOMMENDATION: Approve the deletion of the New Year's Day holiday and the addition ofthe 40` of July holiday, effective January 1, 1999, for the solid waste collection franchise contracts and the landfill operations contract and authorize the chairman to sign the agreement amendments to follow. DEC 0 I PG. ~ , , David W. Russell. Dircclor. Solid Wa~le Managem~nl Dale Department ~ [l~hncr. Public Works Admin~slmlor DEC O 119s.~ [ ,~. ~ .... EXECUTIVE SUMMARY~ AWARD CONTRACT TO MITCIIELL AND STARK CONSTRUCTION COMPANY, /NC. TO CONSTRUCT REUSE WATER SYSTEM SERVICE CONNECTIONS, BID 98-2874, PROJECT 74020. OBJECTIVE: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer D/strict, award a contract to convert the existing reclaimed water system to a prcssurc-on-demand system by the installation of back prcssure sustaining valves at ex/sting service connections. This w/II permit the connection of smaller reclaimed water users without the need for on site storage or pumping facilities. CONSIDERATION: This projcct provides for modifications to tburtcen existing reclaimed water service connections. Thirteen connections were included in thc Base Bid. The fourteenth connect/on ',','as bid as an Alternate pending acquisition of the necessary casemenls. Thc property owner has granted the County a Right of Entry to the site of the fourteenth connect/on until such t/mc as the casement is recorded. Staff recommends award of tt~e contract to the lowest, responsive bidder for the Base Bid plus tine Alternate. On October 21, 1998, six bids were received as follows: Base Bid ,'\_21tematc _Tota__!l Mitchell & Stark Construct/on Company, Inc. 5;455,450.00 5;21.120.00 $476,570.00 Kyle Construction, Inc. 5;449,000.00 5;39,000.00 S488,000.00 Steve A. Clapper & Associates of Florida, Inc. S557,000.00 5;25,000.00 5;582,000.00 Stricklcr IBrothcrs, Inc. Kamphuis Pipeline Company S574,000.00 S30,000.00 S604,000.00 ' t'taskit~s lnc. S583,350.00 S43,350.00 S626,700.00 5;658,000.00 S21,000.00 S679,000.00 The Engineer's Estimate for the project ;vas S580,000. Mitchell & Stark Construction Company, Inc. was the lowest, responsive bidder. Mhchell & Stark Constntct/on Company, Inc. has a satisfactory performance record on previous projects involving similar work. ('~F~ISCAI, ISIPACT__.2: Ftmds for construction o£ this project in the amotlnt of 5;476,570.00 are available From: Fund 413: Sewer System Development Fees Cost Center 263611' Combined Sewer Capital Projects Project No. 74020: Reclaimed Water Back Pressure Sustaining Valves GROWTII_MANAGEMENT IMPACT: None. L Executive Summary Award Bid 98-2874 Page 2 RECOMMENDATIONS: Staff recommends that the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, award a contract to Mitchell & Stark Construction Company, Inc. and authorize Chairman to execute an Agreement in the amount of .5476,570.00 for Bid 98-2874, Reuse Water System Sen'ice Connections. %,7/ / SUBMITTED BY: ./'/~¥v,n./~' ~ ~_~.-,4 DATE: Ronald F. Dillard, P.E., Project Manager .tlq? Public Works Engineering Department RE VI E'"' E n B Y :~"~'//~ ~ DATE: Crf~ff Bibbv, P.E., Direcior Public Works Engineering Department REVIEWED BY: ·',',.!..I,.: ~ '.'<~" DATE: Ste'~;e CamelI, Director Purchasing Department T~mothy L. Clem~s, Wastewater Director APPROVED B~~~ DATE: Ed Ilschner, Administrator Public Works Division RFD:rfd Attachments: Bid Tabulation Design Professional's Recommendation DEC 0 I 1998 EN~INE£P,S PL~' h';E':S S~ ,'E fS'~$ November 17.1998 .",Ir. Rona!d F. Dillard. P.E. Public \Vorks Engineering Department Collier County C.;r, vcrnmcrn Ccnlcr. Bldg. D. 3301 East Tamiami Trail Naples. Florida 34112 Re: Collier County Reuse Water Svstvm Service Connections ;);3 ',,'o 98-2874 }i?',lA File 1906069 C01 Dcm' .Xlr Dillard: O } -tote..Xlontes and .Associates. Inc. has reviexved the bids received on the above referenced project. Six bids v. ere received on October 21. 1998. The bids are as follows: B~e Alternative Bidder Bid No. I Total NlitchelI & Stark Const. Co. Inc. 5455.450.00 521.120.00 5476.570.00 Naples. Florida Kyle Construction. Inc. .5449.000.00 539.000.00 5488.000.00 Naples. Florida Steve .,\. Clapper & .Assoc. of FL, Inc. 5557.000.00 $25,000.00 $582,000.00 Ft. Myers. Florida Strickler Bros.. Inc. 5574.000.00 530,000.00 5604,000.00 Ft. Myers. Florida Kamphius Pipeline Co. 5583.350.00 543.350.00 $626,700.00 Naples, Florida Haskins Inc. 5658.000.00 521.000.00 $679,000.00 Bonita Springs, Florida The Engineer's opinion of probable cost for this project is as follov,'s: Subtotal for Construction Cost S 527,000 Contingency(10% ) S 53.000 ;.,.=.....:.......~ .... .. :::..,,- ........... .,..-.,.., :.*.,:=:.:.., .,:.-,.: .......... .0,.:.,,:.~ 0 11.998 I,TP, lo ?.Ir. Ronald F. Dillard. P.E. Collier County P\\'F~D Reuse \Vatcr Service Connections November 17. 1998 Page 2 The two lowest bids were less than the Engineer's opinion of probable cost. There ,.,,'as significant spread in the bids. The bid with the greatest total exceeded the low bid by 42 percent. However, the difference between the two lowest bids was less than 3 percent. The spread of the bids can be attribmed to the nature of the v, ork v. hich includes modification of existing piping at thirleen different locations spread o'."..'r sc', eral square miles. Mitchell & Stark Constmcticm Company. Inc. submitted the bid with the Imvest total amount fr~r tile base bid and Allcrnative No. I. The back-pressure sustaining valves listed on the bid submitted by Mitchell & Stark Constr'uclion Company. Inc. do not meet the requirements of the specifications. Attached is a letter from .Xlitchell & St;irk Construction Company. Inc. to Hole, Montes and ..\ssocimes, Inc., dated November i6. 1908. requesting a ch~ge in the back-pressure sustaining valve manufacturer. We recommend apprc, xal of the substitution of back-pressure sustaining valves as requested by Mitchell & Stark Construction Compzny. Inc. NlitcheII & S.:ark C',:mstructior~ Company. Inc. has done other projects for Collier Count)' \Valet-Sewer District. XVt take no cxcemion to the quati~y of tile Work perfo,wned by .Mitchell & Stark Construction Company. Inc. It is rccornmcn.Jcd that ar, award be made to Mitchell & Stark Construction Company. Inc. for thc Reuse \Vater S',stcrn 5cnice Connections. Bid No. 98-2874, based on tile Base Bid plus ..\ltcmative No. 1. for the ,'uTlount of S,176.570.00. Vets.' truly yours. t IOI...k5~. NIONTES AND ASSOCIATES. INC. / Robert G. Burbrink. P.E. Senior Civil Engineer P, G B/'m m w Enclosures cc: Tim Clemons Bob Case.,.' Buddy Pepper [')on \Villiams DEC 0 1 1998 MITCHELL& STARK CONSTRUCTION CO., INC. LICENSED GENERAL CONTRACTOR 6,O01 SHIRLEY NAPLES, FLORIDA PH: ~41-697-2165 FAX: 941 ~"tSG G We ~ tge N.~p~rcnt low b;.ddcr on tl'~ Coliicr County Rcu.,.c W-tm System Ser,,'ioc Coo. nc~ions. Bid No. 9~2874. whcn t~ bids wcxc o'pc:r~ on f'.l.cl(~ber 21, · c,,ab.~:quent to thc Nd op~in$ ~ wm'e conus~ed ~ l{ote, Montes ~ Axsoc~e~ Lnc regaa'dmg ~ke b~tci-Fr~c :~s',~n. Jng 'raJve rnam~ctum- tt~t ~ iist~ on o-.,u' bid, which was Cla-Vzl. P~t to th~ ~qu~gt of l[ole., Montes and Azso,."iates. [nc w~ ~abminc:d product ~ for the v'~/vc~ d'~ were thc ~ oft,be quo,,zrJon from Ch-Va.l. We were m[o,rmod by Hole, Momcs and A.~.~,-,,ei,.t_,~, Inc. that the vaJvt,5 used a.s thc ba.~is of the C[~-VaJ quo'..a, tic~ do ncrt mct"t tt~ bid Specafi~fions. We, tht=-="or'e, ate rmpectfully req~ to c.h.a~c the tmme of thc limed back-prc,,mr~ :' ~a.m.,finiWo v~vc m,,t~5.ctur,cr from Ch.-Va,I :o Am,n, wkicl', is ti~ed in [.he Spc~c,~'Jon for the b,,_Olsre:saure su~Itin2nS, v-&Iv~s We believe ti~ this c~ t~: ~c.2~,6fied ~ ~ minor inforrn~lkry &nd w-~ved ac. cordi~y. $inc.~dy. Mitchell & Stark Con~tr~ction Company. P, ri.tn l:'mmm' Vic~ Pr~d~n~ 1'~'. Bob t~rt~'i~, ~1~, AN EQUAL OPPORTUNI~ EMPLO~R DEC O 11988 EXECUTIVE SUMMARY AWARD WORK ORDER TO REPAIR THE DOCK AND SEA WALL AT CAXAMBAS PARK. Objective: That thc Board of County Commissioners award Work Order VC-98-26 to Var/an Construction Company for repairs to thc dock and sca wall at Caxambas Park. Consideration: On October 13. 1998 thc Board authorized $65.000 to repair the dock and sea ,,,,'all at Caxamb,xs Park duc in part to damages sustained from tturricane '- - · G~zorges. The four general contractors on County bid (97-2763) received thc bid specifications on October 26, 1998 and William J. Var/an Construction Company ,.vas the lov,'est apparent bidder with a total sum of $60.840. ' The project includes replacing thc damaged floating docks and ramps, and capping thc eroded sca wall. Thc project will last an cst/mated six weeks and provisions will be taken to insure public safctv and minimal inconvenience. (;rowth Management: Caxambas Park o£ Marco lskmd is inventor/cd in thc Growth Management l'lan. Fiscal Impact: Funds arc budgeted and available in thc Park Improvement Fund. Park Capital Projects, Caxambas Park Improvement Project (306-116360. fi80076) in thc amount of $60,840. l'tecommendation: That thc Board authori×cs the Chairman to sign \Vork Order VC.98_26. d~ohn I)unnuckj Operations Coordinator I)cpartmcnt of Parks and Recreation Approved by:. - . . Date:_,/] Maria Ramscy. l)ircctor / l)epanment of Parks and Recreation Reviewed and ~ Approved bv:~ Date: 1~. Thomas W. ~liff~Xd~strator '- Division of Public Services Agen m DEC 0 I, 1998 WORK ORDER # VC-98-26 "General Contractor,s Services" Contract #97-2763, dated March 28, 1998 This Work Order is for general contracting services, subject to the terms and conditions of the Contract referenced above, for Work known as: Caxaz~bas Dock & Seawall Repair. ~ROJEC~: The work is specified in the proposal dated 11/3/98 from ;~4. J. Varian Construction Company, which is a%tached hereto and made apart of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order ~ VC-98-26 is assigned to WM. J. Varian Construction Co. Scope: CQ~r_~_ctor t.o s~pD]v labgr ~nd maverick Task I- Contractor %o repair 272 linear f___ of ~ seawall Del' specifications received on October 26, 1998. ' Task II Contractor to repair / replace docks per faxed specifications r,-'ceived on October 26, 199~. $-~A",kol_',,'_~L~ Complete within ..j2~ day:; or per.mit approval. ~Q,m. De~!~3~: In accor'Jance with Item, 3 of the Agreement, the County will compensate the Firm in accordance with the nn ot~atod amount prcvlded in the schedule Below. Task ! $26, 050 Task i! $3.%,740 TOTAL FEE S 60,840 ;uny change ,msde subsequent to fin~l department approval will be Oconsidered an additional service and char=ed according to an executed Change Order a~.~me, rated~in Exhibit D of~the Agreement. .... >~,aria Ramsey. Di~??%cr Date >Parks and Recreation Department ATTEST: B©;uRD OF COUXTY CO:,%41SSiONERS Dwight E, brock, Clerk Collier County, Florida By: By: Deput). Clerk Barbara B. Berry, Chairman Cate > WM. J. Va~ian,Construc~iQn (Corporate Secretary) ' Signature By: ,yp.~a Name and ~tie (or) witnesses (2) o~gr~ture 0 Si=nature (Print Name) (Print Name) Approved as to Form and -- , ,,, ILega 1 Surf iciencv: ~ Age,da ~ ~em ·om DEC 0 1 1998 Assistant County Attorney 0 Pg.~ EXECUTIVE SUMMARY APPROVAL OF A TOWER OPTION AND LEASE AGREEMENT BETWEEN COLLIER COUNTY BELLSOUTIt MOBILITY, INC. ~i~LV_,.C~,T. LY~: Approval of a Tower Option and Lease Agreement between Collier County and BellSoUth Mobility, Inc. C_ONSiD_glgATIO1N: BellSouth Mobility, Inc., a Georgia Corporation, hereinafter referred to as "BellSouth", has requested use of a portion of the County-owned communications tower located at 2901 County Barn Road. Naples, Florida, for the installation of up to twelve (12) antennae systems. BellSouth shall be permitted to utilize the tower at a range of between Two Hundred Fifty (250) feet above-ground level and Two Hundred Seventy (270) feet above-ground level. BellSouth shall be granted use of a portion of ground space for the installation of a prefabricated equipment shelter as well as a noncxclusive fight to ingress and egress the property on a seven (7) day a week, twenty-four (24) hour basis in order to access the tower. Thc Lease term shall be for five (5) years commencing on the date in which the Option contained in the ToWer Option and Lease Agreement is exercised by BellSouth. BellSouth shall be granted thc option to automatically renew the Lease for three (3) cop, secutive five (5) year periods. BellSouth shall pay Collier Co6nty Five Hundred Dollars (5500.00) for access to the property prior to exercising the actual Lease Agreemen~t Option. Once the Lease Agreement Option is exercised, the annual rental amount shall be Eighteen Thousan~l Dollars (5,18,000.00) with annual increases for each ensuing year of the initial Lease term and any renewals thereof. Ti~e increase shall be calculated by utilizing the Consumer Price Index calculation outlined in the Lease o Agreement. The annual rental for the extended terms shall be compounded five (5) percent for each of thc three ) extended terms. BellSouth shall take out and maintain an insurance policy for comprehcnsi'*'c general liability for bodily injury and property damage as specified in the Lease Agreement. Thc Office of the County Attorney, Communication Manager, Transportation Department Director and Real Property Management Department have reviewed the attached Tov,'er Option and Lease Agreement. The terms of the Lease Agreement and proposed use of the subject property have been advertised pursuant to Florida Statute 125.35 and bidders ,,,,'crc instructed to respond by noon, November 2, 1998. A copy of the advertisement and Affidavit of Publication are attached. There ,.vas only one (1) response to the advertisement. Attached is a copy of a proposal from BellSouth Personal Communications outlining the requiremenls contained in thc attached Lease Agreement. FISCAL IMPA(TT: The annual rent shall be &posited into the following account: Fund Number: 188 (800 MHz Radio) Cost Center: 140480 (800 MHz Governmental Radio Communications Pro~.ram) Object Code: 362000 (Rent and Royalties) AGENDA ITEM ! DEC 6 1 1998 GROWTtt MANAGEMENT: Nonc RECOMMENDATION: That the Board of County Commissioners approve a Tower Option and Lease {~;reement (three (3) copies) v¢ith BellSouth Mobility, Inc, and authorize its Chairman to execute same. PREPARED BY: DATE: ,//' / T 5' ~ Michael H. Do~qing, Rea ist, Real Property Management Dept. RE'~qEWED BY: ...~.'~"~'~- ~..--e:..]__. DATE: · ---5John Daly, Manager, Radio Communications REVIEWED BY: "~c'v ~ -"~--- DATE: .// /fi Leo E. Oc~s, Jr., Ad?in ator, Support Sen'ices Division ?- mo. ,Ir. ~ - / .. -- TO WE R_O~F.~. S E AGREEMENT THIS AGREEMENT, made this L~~--' day of ____~[P ~,4 ~at......, ]998 between COLLIER COUNIY. A POLITICAL SUBDIVISION OF THE STATE OF FI.OR. IDA (the "LESSOR"I. whose mailing address is 230I Tam/ami Trail East, Naples, Florida 34I 12 and BELLSOUTH MOBILITY. INC. (the "TENANT"). whose mailing address is 5201 Congress Avenue Boca Raton, Florida 33487. I.ESSOR Is the ov.'ner of certain real proper'ty located at 2901 Counv:' Barn Road. Naples, Collier Count.'.'. Florida. her':.;r, af:er referred to as "Property" on which there is located a tower ov.-ned by I.ESSOR (the "Tower"). TEN..\N-,r desires to obtain an cpuon to lease a po,,'non of such Prope.,%', containing approx~matel.v Three Hundred (300~ Square Fee: :om?treed of an area Fifteen (i 51 feet by' ThDb' (30/fe:t. described in E.',tLibit "A". attached hereto and mad.': a paa hereof. Together with certain posmons on thc Tower more full,,,' described m Exhibit "B" auached hereto and made a pa:'~ hereof, m~cther w:th a r~ght of way thereto as sho,,vn in thc attached Exhibits, all here:nar:er referred to as the"Leascd Property". References hereto to the Property include the [.eased Prope~y exc.--pt when thc centre×: bars surh inclusion QZU_QZ N()~t,. TIIER}~F()RI'~. in cor',sidcramm af thc .~um of }':ivc ]]undred Dollars ($5'/,0 O0~/the "Optwn Mc, ney"). Io bc paid ~',' TE:,'A.":] ~r, LESSOR '.,.Ithm th:w:' t30~ dave alice TI'_'N..\NT'S cxe:-uuon of this Agreement. LESSOR hereby grants to TENANT Cne exclusive .qght and op:~on Ithe "Op:ion"l to lease the Leased Property in accordance with ff, e terms and cond;t;ons se: forth herein. .~ZJJ_¢)oY_J'_,EFIIOI). The Option may be exercised at (the "Opuon Penod"l. At TENANT's elecnon, and upon TENANTs written nonce to LESSOR prior to expiration o:' thc Option Period. th:: Option Period rna.',' be further extended for one (1) additional period of six (6) months, O throuz?,and' -', ~; _ ,n ........ ~ ~ ~ - ~ - 1999, with an additional pa.',.'ment of Five Hundred Dollars ($500.00~. bv TENANT to LESSOR for the extension of the Option Period. 'IZ, e Opnon Period ma',' be further e>:tcridcd bv mu:ual agreement in ,.vrmng If"I'ENANT falls to exercise the rna,. he :>:tend,.'d as Frovided hereto, the Op:mn shall terminate, whereby all rights and privileges granted hereunder shali be deemed completely surrendered LESSOR shall retain all money paid for the Option. and no additional monet' sNa!l be payable bt' either pa,-v:' :o the other. Ij{ASSF_~,R OF._OI'TI05. The Option may be sold. assigned, or transferred at an.'.' time b.v TENANT only to TENANT's parent :company or an>' affiliate or subsidiaO' of TENANT or its parent company. Otherwise, the Option ma',' not be sold. assigned or transferred without the wrinen consent of LESSOR, such consent not to be unreaionabiv withhdd. An,,' unauthorized assignment or transfer shall be void. Cfl.-\.~'GES I~' PgOPERZLYj)_IdJUNG OPTIO>; PERIOD. Ifdurmg the Option Period or an',' extension thereof. or during the term of this Agreement if the Option ~s exercised. LESSOR decides to subdivide, sell or change the status of the zoning of the Leased Proper%.' or the Proper'q:', LESSOR shall immediately not/fy TENANT m 'a'ming. An'. sale of the Propert?' or Leased Prope."D.' shall be subject to TENANW's rights under this Agreement. LESSOR agrees that during the Option Period or an.',' extension thereof, or during the term of this Agreemem if the Option exercised. LESSOR. unless required to do so by law or higher govermmental authori~' shall not mittate or consent to an.,,' change in the zon:ng of the Leased Property or Property or impose or consent to an.,,' other resn-iction that would prevent or hmi: TENANT from using the Leased ProperU' for the uses intended by TENANT as hereinafter set forth in thcs Agreement. TITLE. LESSOR warrants that LESSOR is seized of good and marketable title to the Property and Tower and has the full power and authoriD' to enter mto and execute this Agreement. LESSOR further warrants that there are no deeds to secure debt. mortgages, liens, judgments, restricnve covenants, or other encumbrances on the title to the O Prope~' that prevent TENANT from using the Leased ProperU.' for the uses intended by TENANT as hereinafter set forth m th~s ,Agreement. i --~c[~o~ l't[~ [ .o. /6 9'~,,_ 9'16'95 I I BEC 011998 · ' Site ID No. 313.012.3 ~Lb2fiE/r;_C'TIONS. kESSOP, shall permit TENANT or TENANT's employees, agents and contractors during the Option Perm& and an.',' extension thereof, free ingress and egress to the Leased Property and Proper'O.' by TENANT or ~ts employees, agents and contractors to conduct structural strength analyses, subsurface bonng tests, en'.':ronmen:al inspections (including Phase I and Phase II audits), radio frequency tests 'and such other tests. investigations and similar acnvities as TENANT ma.,.' deem necessaD', at the sole cost of TENANT. The scope, sequence and timing of the inspections shall be at the sole discretion of TENANT; upon notification to LESSOR. the :nspections ma',' be commenced at an.,,' time dunng the aforementioned Option Period and if the Opnon is exercised, at an.,.' tlme during the Agreement. TENANT and its employees, agents and contractors shall have the right to bnng the necessao' vehicles and equipment onto the Property to conduct such tests, investigations and similar azti'.'mes provided such ac.qvities do not unreasonably interfere with the operations of the LESSOR. TENANT shal! inderrmify and hold LESSOR harmless against any loss or damage for personal injury or physical damage to the Property resulting from any such tests, investigations and su'nilar activities. Upon ~.-ria,.:n request. TENANT shall, at no cost to LESSOR, furnish to LESSOR copies of the environmental findings. However. LESSOR shall not rely on sa~d tests for an?thing outside of this Agreement and herebv holds TENANT harmless from such reliance ;S._t.'J.ix_'.g_~.5 LESSOR hereby grants to TENANT the right to sun'ey the Looted Properv,' and Property, and thc legal dcscr:p:~on of ;lie Leased t'ropert)' and Property on the survey obtained b.v TENANT'shalI, upon approval of ~he I. ESSiOR. then beef,me F. xhibil "A". v.'h~ch shall be altached hereto and made a pan hereof, and shall control m the e'. eat of di,zrepancies beu.,.een ii and any' previous L:xh~Nt "A". G-OVEg,~.~.'xI£N'T?~kL_APj. L[C.OY'AL.,.5. TENANTs abfiw: to use the Leased Property is contingent upon its ob:a:ri:ng all cen;.qcates, pe~nits, licenses and other approvals that may be required by any governmental a:~t,~.er:ties i. ESSOR shal; cooperate v,.:th TENANT in ~ts effort to obtain such ce~ifi:ates, permits, licenses and mhz: ap?ro;a',s l')ur~ng the Option Period. and due:ag the term of this Agreement if the Option is exercised, I.ESSOE agrees ~o ~g:, such papers as are required to file applications with t}qe appropriate zoning author~r,,- and other go','emmer::al agthoritizs ~or t}:e cor'.tempia:ed gses of the l. eased Property and for other certificates, perm:ts. hcer'.;.~s and apprc,'.'als as are required Cot the uxe o." the Leased Property in;ended bv the TENANT. TENANT wiJ] perf,,rev, a.qd bear all expenses associated with an.,,' zoning board or other pro.zedure necessan' t,) obtain a,:?' ~z ...... a,.. per,q:::, ice-se or approval for the Leased ProperLv deem,~d necessaO. by TENAN'I'. J~.I.!J..I.T~.,5..g. gx_SJCES. During the Optior. Period. and dt.tring the term of this Agreement if the Option is exercised, LESSOR shall cooperate with 'ITNANT in TENANT's effort to obtain utility sen'ices along the access right ~3:' way contained ;~'l~hm the ProperLy. by signing such documents or easement: as may be required by the utiI;t', companies and mutually agreed to LESSOR and TENANT. In the event an.,.' utility company is unable or does no= desire to use the aforementioned right of way, LESSOR hereb.v agrees to grant an additional right of v.'a;. easement or hcense over the Proper'b' or to the utihD' company at no cost to TENANT provided said right of wa[. does not unreasonabl;' Interfere v..~th an)' operation of the LESSOR. In the event LESSOR should decide that ther~ has arisen a need to relocate any or all utflmes installed for the primar?' benefit of TENANT, LESSOR shall at its' cost. ob',ain an,.' ceaificates, perrmts, or other approvals which ma.',' be required to agcorru~odate an',' such relocation(si TENANT shall pa)' utih~' charges pertaining to the Leased Proper'w including, but not Iu-n~ted to. charges for electricity and telephone sen'ice used. thereupon or in connection with the Leased Property. ~XERCI~_.OF OPTIO.~'. TE.",'ANT shall exercise the Opnon by wriuen notice to LESSOR by certified mail. retu~rer, e~p~requested. The not~ce shali be deemed effezuve on the date lt ~s received by LESSOR. On and after the dace of such notice, this Agreemen; shall also consti~te a Lease Agreement be~'een LESSOR and TENANT on the following terms and conditions: LEASE A G R.g. ESIENT 1. L~_Q? PROPERTY. LESSOR hereby leases to TENANT the Leased Propervy described in Exhibit "A". attached hereto and made a part hereof which includes certain posit~ons (not to exceed ~'el','e) on the Tower as ' described on Exh/Nt "B". attached hereto and made a pan hereof. TNs Lease includes the grant of a nonexclusive right and easement dunn~:, the term of this .Agreement for regress and egress, seven (7) days a week"'Tv:"z""-~'-r""~r~' ,~Gt~o~ ,, 9'1695 J ~o. /b / / ! " Site ID No. 313-012.3 " (24) hours a day, on foot or motor vehicle, including trucks, and for the installa~ion and maintenance of utility wtres, cables, conduits and pipes over, under or along the twenty foot (20'1 wide fight of an.,,' extending from the nearest public n"ght of way, which is kno',vn as County Barn, Road. to the Leased Property, as such right of ,,,,'as' is shov,'n on Exhibit "A" hereto. 2. L'~'ITiAL TEtLM AND ttt'%,XI.t~. This Agreement shall be for an ininal term of five (5) .','ears beginning on the date <ne Opnon is exercised by TENANT. An armual rental of Etghteen Thousand and 00,'100 Dollars (518.000.00) shall be paid ',,.'/thin (30) days following the execution of this Lease by the LESSOR and upon the anmversaO' date for each ensuing .','ear and extended terms of the Lease. The annual rental for each remaining 5'ear during the initial term shall increase in the same proportion that the Consumer Price lndez for Urban Wage Ea,mers and Clerical Workers. Un,ed States CiD. A','erage, all Item Series A (1967=100). United States De=arrment of Labor for the preceding ;,'ear. tn ;~he event that the Consumer Price Index ceases to ~nco~orate a s:gnificant number of items, or if a substantial chan~e is made in the method of estabhshing such Consumer Price Index. then the Consumer Price Index shall be adlusted, to thc figure that wouid haveresuhed had no change occurred m the manner of computing such Consumer Price Index. In the event tha~ such Consumer [)rice Index (ne a -~uccct,m or substm~te index! is nol available, a reliable governmental or other nonparasan pubhca:lon, e'.'alua:mg thc nfom,:anon th,,:rclo for use in determm:ng the Consumer Price Index. shall be used ml~euofsuc?,Consum,:r Pr~:eIndex. Each annual tncrease shall not be less than five percent {5%)of the pr:or ':'car's base rent ,liXTf.~.'q-~J..Ox~Ca~_T~r.]~. 7E.'.;ANT shall have three (3~ separate op~:ons to extend the tCtTn Of ,,Xgreem,:ni f,~r fi, ret f.':~ addmcmal consec,Jnve five (5~ .,,'ear periods Each oauon, for an extended term shall be deemed au~o.'r.a:lcailv zx'.'rcised w~thout notice bv TENANT to LESSOR unless TENANT mx. es LESSOR notbte of ;ts :ntenuon no: to et:crosse an',' such extension optmn at least se;,. (61 months prior to the end of the then I, I' .... .\. T ~:;'es LESSOR v.'rmen notice of Its intention not to exercise any such option, the term of th;s Agreement :hart exp:re at the end of :he then current term. All reference~ hereto to h~e term of this Agreement ~?;aIi ,n~lu,. the term as ;: is ex:ended as provided m this .Agreement Extension of this Lease subsequent to the iilitla! five (5.) '2'ear t'_', ,,-/715 ar-.' declared to be thc ";.',:tended term." ';. gX]'J: ~-D.~D-gfL]:-gJLXl RE,ETAL The annual rental for the extended terms shall be compounded five (5) percent for each of the three (3 ~ extended terms 'Fne base rent for the sixth (6v) lease ','ear shall be calculated bv muhlplymg the base rem for the first (I") lease >'ear plus all interveninz_ annual rent increases rimes 1.05 p,::cem The base rent for the eleventh (11v) lease .'.'ear and. if apphcable the sixteenth (16')lease year, shall be calculated bv the same method I~E. TENANT shali use the ProperLv for thc purpose of constructing, maintaining and opcraang a commt;n:cauons faz~hp,' and necessa,,-v uses mcidentaI thereto, as determined bv TENANT and approved by Lessor. '0, hlc?: shall no: be unreasonably w~thhe'.d, now or m the future lo meet TENA~'Ts telecommunication needs, which may atso include a s'..'curm,' fence of chain hnk or comparable construction that ma',', a: the option of TENANT. be placed around the perimeter of the I.eased Property/coiiectwely. the "Communications Fac/lit)'"). Upon LESSOR's approval, which approval shall not be unreasonably withheld, TENANT shall be allowed to modify, supplement. replace, remove or relocate an.'.' of /ts antennas, microwaves or other appurtenances during the term of this .Agreement and an',' extensions thereof. Ail ~mprovements, modifications, supplements, replacements, removals or ' relocanons whirr are approved by LESSOR and are necessars., for TENANTs cont'mued use, shall be made at TENANTs expense. LESSOR grants TENANT the right to use such pomons of the Property as are reasonably required during construztlon, installation, ma,ntenance, and operation of the Communications Fac/lip:' provided said use shalt not unreasonably inlerfere with the LESSOR's operation. TENANT shall maintain the Leased Properg.' in a reasonable condition and shall be soIely responsible for the repair and maintenance of all of TENANT's improvements on the Leased Property, excluding repair and maintenance if an,.', caused bv. the willful misconduct or negligence of the LESSOK, or Its employees, agents or contractors. The Leased Properw and positions on the Tower shall be used for. and LESSOR agrees that TENANT is authorized to perform, the installation, maintenance and operation, all at TENANT's sole expense, of onty the follov,'ing equipment and associated antennas: (a) Cellular antenna systems consisting of up to 12 antennas, now or in the future, and associated equipment · ' Site ID No 313-012.3 " to bc mounted on thc Tower and in thc twenty (20) foot range on thc Tower, such eT'pc of systems. equipment and range as stipulated in the attached Exhibit B of this Agreement. More specifically. TENANT shall have the exclusive right to use all parts of the Tower that are between Tv,'o Hundred Fifty (250; feet and Two Hundred Serene5' (270) feet above ground level inclusive of an,,,' antennas that may be mstalied thereon. No pan of an'.' antem~ae or other equipment or item shall extend tn an.,,' v.'ay above or below the Tower space allocated to TENANT. (b) A prefabricated equipment shelter not to exceed fifteen feet by thin').' feet (15' x 30') to be located on the Leased Property. (c) Flex~t. le coaxial transmission line bet-,veen the Tower and the radio equipment located in the above defined cqmpmem shehcr. , EN.-.., ,3 covcnant~ and agrees m connechon w/th any maintenance, repair work, erection, constr'uction. impro,.'cmem, ad.:htion or aheratmn of any authorized modifications, add;tions or tmprovcmenu to thc Leased ['rupert.',, to obse:-.'c and comply v. ith all no'.,.' cxisting nr hereinafter amended and future applicabie la'as. ordinances, r,~les, rcvulatir,ns, and rcqmrcmcnts of thc United States of America. State of Florida. CounLv of Collier. and any and all go~,crnmcntal agencies. 6. fJ, f)xT, gX,5o_M)~.D'JS_AI,_eM'_PBDY_55.1~. I.ESSOR shall cooperate with TENANT in lB effort to obtatn and m. alntam in effect all cemficates, permns, licenses and o'&er approvals requued by governmental authorities for TENANTs u~e of ti~e [.eased }"roperxy. If at an.,,' time during the term of this Agreement, TENANT is unable to use the Leased Fropcay for a Communications Facility in the manner ,ntended bv TENANT duc to imposed zoning condmons or reqmrements, or tn the event that after the exercise of the Option. any necessaq:' certificate, permit, license or a;',[',ro','aI ~s finalR rejected or an.,.' previously issued certificate, pe~xnit, license or approval is canceled, expires, lapses, or is othzrwise v'ithdrawn or terminated by the appilcable gove,'-mmental authoriD', or radio frequency propaga:mn lests are found to be unsntisfactorv so that TENANT, in its sole discretion, will be unable to us,..' thc Leased Propew:' for a Communicanons Fa:ihw in the mariner intended b':' TENANT. TENANT shall have the right 1o termir, at': thi~ A~zreemen: be' v,'ntten no:tee to LESSOR and all rentals pa~d to LESSOR prior to the te,mnna:ion date shall be retained b':' LESSOR. Upon such terrnmatmn, this .Agreement shall become null and void . and LESSOR and TEN,.\NT shall have no other fuFdner obligatmns to each other, ofi'~er than TENAN"I"s obligation to rzmox'e its proper'c: as hereinafter provided IX~I'[ RFf.._FL[.'5'CE TEN..\NT's facilmes must be compa:ible with all facilmes that are on the Tower as of the date of exccunon of this .Agreement and at the nme of an',' modification of TENANT's facilmes; a list of such fa:.i',mes o:t'ned by LESSOR and b':' other ts ExhiNt "C". attached hereto and mad.,:' a pan hereof. LESSOR understands and agrees that thc contmu,y of 'ITNANT's ser",'~ces Is of paramount importance to TENANT. LESSOR shall at aE nines exercise reasonable care and judgment to prevent damage TENANT's sera'ices by other occupants of the Tower and tower slle. LESSOR will cause tts other occupants to verify th. rough their engineers (by frequency search} that an5' of LESSOR's or other occupant's new (or modified) signal(s) will not. interfere with radiator or receiver facilmes TENANT. In the event LESSOR or any other of LESSOR's other occupants new or modified signal{s) causes material interference with TENANT's radiator or receiver facilities or those on site of TEN.-\.',T's affiliates. LESSOR ',,.'ill exercise reasonable efforts to promptly and diligently resolve such problems after not,ce to do so by TENANT. In the event that material tnterference connnues after ten (10) days from TENANTs notificatmn, TENANT shall so notify LESSOR tn v. viting and TENANT may at :ts option: (a) Inv.'fully attempt to resolve said interference problems at its costs: or (b) ~mmediately termtnate this .Agreement without fu~her obhgation to LESSOR other than to remove n_q equipment from the Propens.. "Material interference" shall be deemed to be ans' interference which violates the terms and conditions of u'ansmmer licenses, and'or rules and reguia:~ons of the Federal Communizations Comrmssion. In no event will LESSOR be hable for an.,,' consequential damages (mzludtng. without limitation, lost profits) arising from any such interference. $. ~5. TENANT shall be responsible for maktng any necessars' returns for and paymg an',' and all taxes sure as. bt.': no: l~m, )ted to. sales tax andor intangible personal property taxes separately lex'led or assessed against the ~mpro~ ements cons:.'mcted by TENANT on the Leased Property. TENANT shall pa.',' for any ad valorem real estate taxes levied against the Property whi:'h are directly attributable to the mapro'.'ements constructed by TENANT 9'16'95 AC, t ~'~ ~ )'i'[:5 4 No. /b DEC 0 1 1998 Site ID No. 313-012.3 " on the Leased ProperLy and are not separately levied or assessed by the taxing authorities against TENANT or thc improvements of TENANT. LESSOR shall pa.',' all other ad valorern real property taxes, if an>,, levied against the Prope,m:' on or before the date such taxes become delinquent. LESSOR hereby agrees that if the taxes which are levied against the LESSOR and TENANT's improvements on LESSOR's property are incorrectly assessed. TENANT maintains the right to appeal the tax assessment to the appropriate governmental authority, said appeal si,all be paid for by TENANT. Should the State in which the propen5' is located offer an early payment tax incentive, LESSOR hereby agrees that TENANT shall be allowed to pa.,., the taxes under the incennve plan which si,all allow for TENANT to take advantage of an.',' offered incentives. LESSOR shall furnish TENANT with,n thin.'.' (20) days of receipt by LESSOR or LESSOR's representative of'he tax assessment for an.,,' assessed taxes which are le:'~ed against the Proper'f:'. 9. IX,$_L,~,_4~'~'CE. TENANT shall, at its sole cost and expense, at all times dunng the term of this Agreement ma:n:2m m effec: a policy or polizms of insurance: (a~ covering its personal property located on the [.eased Prope:t". and TE. AN-I s Improvements to the Leased Property paid for and installed by TENANT, providing protecaon against an.',' peril included under ,nsurance industry prazuces within the classification "fire and extended coverage." pro','~dmg prolectlon as deemed desirable by TENANT wlth respect to its personal property and lo the full m',u~able value of its TENANT improvements paid for by TENANT, and (b) Commercial Genel, al l.~abil,,.' insurance with m:nmmm hm:ts of (7)ne Mdhon Dollars ($1,000,000) for mjurs.' to or death of one (I) or more persons m an':' one I I J o:currence and One M/Il/on Dollars ($1,000,000) for damage to or deswaction of propemes m an':' one (1 I occurrence. TENANT shall name the LESSOR as an additional insured as its interest ma,.,' appear in ret'ards Ir., thc aforementmned pohcies and shall furmsh LESSOR v,'~th a certificate of insurance upon request by the LESSOR. Should the Leased Prop..'~y and. or TENANT's personal properr;' be suble~ upon. said Subtenant shall be required to mare:am stmilar insurance and :o agree to fu,mIsh LESSOR. if requested ce~ficates or adequale proof of rJ:h ;n.~urznce. LXI)Z.M..>SJ_HC&TI_O~. ]-ENA:','T shaiI inde,,"nnlP, and hold LESSOR harn,~less against an'.' liability or loss from personal m~ur-.' or prope~.,' damage resuh:ng from or arising our of the use and occupancv, of the Leased Prope,'x,'., b'.' "I'E:i.-',.NT or its employees or agents, excepting, however, such hai.'iht:es and losses as mav be duc to or O :au;e.i by the az:s or omiss~ons of LESSOR or Its employees or agents. II [~-~Lt;_J).F__Ir',RO_J?_I~_I T~ If LESSOR. at an.',' t~me during 'd'~e m~:~al or an.,,' extended te,,-m of this .Agr..'emen:. dec,des to sell thc Proper~y or th: To,xer to a purchaser other than TENANT. or subdp.'ide, or rezonim2 an~ of the ProperE.' or the Tower. LESSOR shalI immediately notify TENANT in writing, and such sale. subdi:'is~on or rezoning shall be subject to this .Agreement and TENANTs rights hereunder. LESSOR agrees not to sell, lease or use an.,.' areas of the ProperU.' for the installation, operation or maintenance of other wireless communications facilities if, such installation, operation or maintenance would unreasonably interfere with TENANT's facilities: the existence or the potential for interference shall be determined by performing radio propaganon tests. TENANT h'2reby agrees to have radio frequency propagation tests pe,"formed in order to deterrmne mle,"ference might exist; an,,' and all tests shall be paid for by the other part':'. If the radio frequency propagation tests demonsuate levels of interference unacceptable to TENANT. [.ESSOR shall be prohibited from selling, leasing or using any areas of the Properr:' unless such ts absolutely necessa.'?' in the public interest as determined by the Collier Count,:' Board of Co,ant',' Comm~ssmners. In such a case the Lease ma.',' be terminated by TENANT and TENANT shall have no fur. her obligations under this Agreement other than TENANT's oblmation~ to remove ets propert',' as hereto provided, but TENANT shall have no claims against LESSOR as a result of such actions bv LESS(SR. I.ESSOR shall not be prohibited from the selling, leasing o,' use of an,,' of the Property for non-wireless corn,,"nun~carion use. 12. OUIET ENJO'~ ."M.E.",'T Subject only to LESSOR's lt,"nit.-d rights to terminate this ,Agreement, LESSOR covenants that TENANT. on paying the rental and performing the covenants, terms and condmons required of TENANT contained herein, shall peaceably and quietly have. hold and enjoy the Leased Proper'E,,' and the leasehold estate granted to TENANT by virtue of th. es .Agreement. 13. A.,5.5.~~. This Agreement may be sold, assigned or uansferred at an,.' time by TENANT onl',, to TEN.aNTs parent company or an.',' affihate or subsidiary of TENANT or its parent company, to an.,,' enfip:' with or into which TENANT is merged or consolidated, or to an,,,' enutv resulting from a reorgan~ation of TEN~\'T 9r tts 5 ['if: 0 1 19fl8 .' Site ID No. 313-012.3 · ' parent company. An;,' unauthorized assignment or transfer shall be void. Otherwise, this Agreement ma)' not be sold. assigned or transferred w~thout the written consent of LESSOR, such consent not to be um'easonably withheld. 14. .C~~T.I..O~. If the whole of the Leased Property, or such portion thereof as will make the l.eased Property unusable for the purposes herem leased, is condemned by an.,,' legally constituted publi: author/t)', then Agreement. and th.': term hereby granted, shall cease from the tune when possession thereof is taken by the public authonv:', and rental shall be accounted for as be~'een LESSOR and TENANT as of that date. Any lesser condemnation shall m no way affect the respective rights and obligations of LESSOR and TENANT hereunder. Hov, e',er, noth:ng tn this paragraph shaiI be construed to limit or adversel7 affect TENANTs right to an award of cc, rr.~?ensauon from an',' condemnation proceeding for the taking of TENANT's leasehold interest hereunder or for the :a;:lnz of TENANTs tmpro.'e,men'~s, f~xtures, equipment, and personal property. 15. S.J,Z!3ORDJD'ATIO.X .,\t LESSOR's option, this ·Agreement shall be subordinate to an.',' deed to secure debt or mortgage b':' LESSC)R ',,x'hich now or hereafter ma;' encumber the Proper'b', provided, that no such su?',ordmanon shall be effective unless the holder of ever':, such deed to secure debt or mortgage shall, e~ther in the deed te secure debt or mortgage or m a separate agreemen: with TENAN'[, agree '&at m the event of a foreclosure., or com.":vanze In lieu of foreclosure, or g ~'- · . LESseE,, interest tn the Pro?er\y. such holder shall recognize and confirm the '.';,hdw.' and ex~stenc.': of th~s Agre,.'men: and the rights of TENANT hereunder, and this Agreement shall :ontmue in full force and 'I'ENANT shall have the right lo continue /ts use and occupancy of the Propen.v ~n ac:ordan,:e ,.t:th the ?rc,,.'~smn,, t~f tP, l..i ,.',,gre,:ment as long as TENANT Is not m default of this ,Agreement beyond a?phcable n,:mze and cure periods TE?,,'ANT shall execute m a timely manner whatever instruments may rca<mablv be "-. ..... ,.:~a,,.~. to ev~,I.~n:e the provisions of th:s paragraph. In the event the Property ~s encumbered bva deed to sect:re deb: or :nongaiae :m the date of the exercise of the Opnon. LESSOR. no lalcr than thirty (30~ days after :b,e O?t~,.,.'-, has been exer:~sed, shall obtain and furnish lo TENANT a non-disturbance agreement in recordabic ,o .... hoiaer or'each deed to secure de~I or mortgage. J[J.J'~[,~g._I_,XN'$L'R-SNC'F, TENANT. at TENANT's oe:~on may obtain title insuran:e on the Property. LES~ ._,., a; LES$OR's expense, shali cooperate '.,.'itl-, TENAN'Fs efforts to obtain titie Insurance b.':' executinn ..... :,.,,, o:' ob:ai:',:.".g reqacsted documentation as required bv the title insurance company. i- tI~/'-~&g_I~f) L'S ......... S!:]'IS.T.A N,5_(.~S.~ LESSOR az,,-es_. ~ . that neither the LESSOR nor any third pan;,', tn the bce: of;:3 ;::~o'tledge has used. generated, stored or disposed of any Hazardous.Materials (Hazardous Materials shall mean petroleum or an': ~.'.:,ro,zcrr,, product, asbestos, and an.,,' other substance, chemical or waste that ~s identified as hat:ardor,:;, tox~:, or dangerous m an':' applicable federal, state, or local law. rule or regulation. I TENANT anti LESSOR shall be responsible for any and all damages, losses, expenses and ',.'.'ill indemnify each other avamst and from ar,'.',, d~scoverv bv. an',', persons or such hazardous materials or wastes, generated, stored or disposed of as a result of TENANT's or I. ESSOR's .... ,,sp~,u,.~ cqmpment, uses of the Leased Proper'fy or an.',.' of the Proper'tv. TEN.ANT represents. :van'ants and a.'rees to indemnify, rem~burse, defend and hold harmless LESSOR. from and a:.'a:ns: all costs (mzlud:r:g atto,'-ne'. '~ fees~ mcun'ed by LESSOR directly pursuant to the applicanon of an',' federal. state ',ozal or co:rimer; ia',', reiatmz :.pollution or protectmn of the enviromnent caused bt'TENANT. LESSOR represents. '.va,":an:s and aztecs to :nJzmnlfa,. re,mburse, defend and hold harmless TENANT. from and against all c(,s:s ~:n:iudmc attorn.':'."s fee'_=,, ...... . . ...... ::, bv TENANT directly pursuant to thc application of an>' federal, state, local o: :oma:on la'.,, reia:mv :o poilu:rea o: proteznon of the en','~ronment caused b.v LESSOR. 15 OP/'O._RJ'L~'IT..~_TO CL'I~ If TEN.ANT should fail to pa.',' an)' rental or other amounts payable under th~s Agreement when due. or tf TENANT should fail to perform an.,,' other of the covenants, terms or conditions of th~s Agreement. prior to exer:ismg an';' rights or remedies against TENANT on account thereof, LESSOR shall first provide TENANT w~th wnnen not,ce of the fatlure and provide TENANT with a ThirD., (30) da.,,' period to cure such failure (if the failure is a failure to pa.',' rental or an5' other sum of money to LESSOR under This Agreement) or a sixty (60} da.'.' period to cure such failure (if the failure is a failure to perform an.',' other covenant, term or condition of this .Agreement). ]f the failure is not a failure to pa)' rental or an5· other sum of money hereunder but is not capable of being cured '.,.'lthin a sixr'. 160) da.',' period. TENANT shall be afforded a reasonable period of time to cur". the failure provided that TEN?,."CT promptly commences curing the failure after notice from LESSOR and prosecu!es the cure to completmn v,'::k due dihgence. The occurrence of an.'.' of the following events shall consntute a default by LESSEE. and subject to legal resmzt~ons apph:able thereto, this lease ma.,.' be imme&atelv terminated t jj D£C 0 1 1998 Pg. · ' Site ID No. 313-012.3 " by LESSOR; subject In an)' cure period allowed hereunder. (a) Abandomment of Leased Property or discontinuation of TENANT's operation for a period of 180 days except due to casual.ry. (b) Falsificanon by TENANT or an agent of TENANT of an.',' report required to be furnished to LESSOR pursuant to the terms of this Lease. (c) Filing of insolvency, reorganization, plan or arrangement or banJcruptcy. (d) Adjudication as bank~.,pt. (e) .Mai<lng of a general assignment of the benefit of creditors. (f) Th, is Lease ts taken under an7 writ of execution attributable to Tenant or il.~ related entities. In the event of the occurrence and subsequent to any cure period allowed under this Agreement of an)' of the for:go:ne dchul:s m thls paragraph, LESSOR, after '.,.'rltten notice lo TENANT, and in addition to any other rights and remedies It mai,' ha;'.,:, shall have the :mmediate right to re-enter and remove all persons and proper'D.' from the Leased Property Such proper'.,'..' ma.',' be removed and stored In a public warehouse or elsewhere at the cost of and for the account of 'i', ENANT. 19. 5'OTJ_C£5 E×cep: as other".,.lse provided herein, an.',' notices or demands which are required by law or under :he le,."rn~ of th:s Agreement shall be given or made to the other part)' by LESSOR or TENANT in ',,,'ming and sba!! be given by hand dehver-y, telegram or other similar commumcation or be sent ,.'ia facsimile followed up by an origmaI hard cop;,' bi.' regular mail or by cemfied or registered mail, or by a national overnight receipted deliveO, ser'.'~c-: which provides signed acknowledgments of receipt (including Federal Express. United Parcel Sec'ice, Em.'2,-..'. Purola~or. D~tI., A~rb,,orne and other s~mJlar courier deh`,'eO' ~erv~ces) and addressed to the respective parliet O set fo,"',.k bela'.*. Sunk not]res ~hall be deemed 1~ hate been grv.-"n -a h.,~n re;e3;ed E~,e~ no',:e, demand, or lequest hereunder shall be sent to the addresses l:sted below: If'.o LESSOR' If to TENANT: Collier Count.,.' BellSouth Mobilis':' Inc .Attentmn: Rea! Prope:-ty Management Department 5201 Congress Avenue 3201 Tamlam~ Trail East Boca Raton, FL 33487 Naples. Florida .;4112 Attention: Ne~'ork Real Estate Manager Cop.,.' To: Count>' Anomey's Office Rejectton or refusal to accept delivery of any such notice, or the inabili~' to deliver an.,,' nonce because ora changed address of which no no,ace was g~ven, shall bt deemed to be rece,pt of any such nonce. 20. .C,.3~_U&I,,_T~. If TENANT's Corm'nunications Facility or improvements are damaged or destroyed bv fire or other casualD'. TENANT shall not be requtred by this Lease to repatr or replace the Communications Facili~' or an.',' of TENANT's improvements made by TENANT. Additionally. if completion of the repairs is not possible ',,,'/thin ninety (90) days following the date of the damage or desumction, TENANT rna.',' terminate this Agreement by giving ,~,'nnen notice to LESSOR. Termination shall be effective irmnediately after such notice is given. Upon such termination, this Agreement shall become null and void and I..ESSOR and TENANT shall have no other further obligations to each other, other than TENANTs obligation to remove its proper'fy as hereinafter provided. 2I. ~.IT-..~,,~2~)~. Notwithstanding an.,.' other termination hght~ available to TENANT or to LESSOR under this Agreement. the following provisions prevail: TENANT, at it~ sole and absolute discretion, shall have the right to terminate this Agreement '.,,'ith nineu' (90) days poor ',,.'rinen not/ce to LESSOR and a lump sum payment to LESSOR in an amount equal to twelve (121 months rent or the total of the remaining months of the term. whichever is less. The rental rate shall be compmed at the rate which is m effect at the time of termination. Upon terrnmanon TENANT shall execute upon the request of the LESSOR a `,,.rotten cancellation of the Agreement upon the ~o. /0 L'- / 7 D E£ 0 I 1998 Pg. T · ' Site [D No. 3]3-012.3 " TENANT vacating thc Property or upon termmanon of thc Agreement, in rccordabie form and TENAN'T shall have no o'~er further obligations, other than TENANTs obhgafion to remove its property as hereinafter provided Because of ~ts location, it ~s an advantage to LESSOR and all occupants of this Tower to maintain this Tower at presen~ location. LESSOR has no intentions of not maintaining the Tower for the maximum possible duration of th~s Agreem:n:, LESSOR has no reason to expect that this Tower will have to be moved. However, LESSOR shall have the right to terminate this Agreement if the Board of Count).' Corru'nissioners of Collier Counw deterrmnes that there has arisen a compelling reason to not maintain, or to remove and not relocate this Tower. Tl~e decision of the Board in that regard shail be final and conclusively binding to TENANT and in such an event LESSOR shall TEN.ANT one ¢1) .','ear notice to vacate the Tower and LESSOR shall have no further obligations to TENANT. 22. ~X_.55L O.F I.MPRO~V}5.~IESTS. Tttle to all improvements constructed or installed b',' TENANT on the Propeay shall remain in '"' "N- ' ,, , EN..:. t. and all improvements cons.,r~r.~ed or ins~ii=d by TENANT shall at a, tunes be anti remain the property of TENA.";T. regardless of whether such improvem=nLs are area:heal or affixed to thc Prop:.%. Furthern~ore all ~mprovements cons:ructed or installed by TENANT shall be removable at the e.xpirat~on or earlier te,'rmnation of ~is Agreement or an',' renewal or extension thereof, provided T,.NAN, shall not at such mn': be tn defa~ah under any coy:nan: or pro'.',s~cm contained m th~s Agreement The end of this Agreement shall be at a t:me of e×?tra:~cm, termination or an':' such other time as this Lease ~s no longer in force and effect. TENANT, at Ih:: end of t?,~s ..\gtc:meat. sh~iI, within ninety (90) days. remo`.'e ali improvements, fixt,ar:s and personal prope~y consta~zted or installed on the Leased Proper:':' by TENANT and shal! reslore the Leased Properp:' ~o its orr?ca', abo~e grade cc, ndilion, reasonable u. ear and tea: ex::pled. If such removal causes TENANT lo remain or, t,tv.: l.:':,sed f'rop'.'rt5' after termma?~on of th,s ,-\greemer, t. TENA.",'T shall pa'.,' rent a~ the then existing monthly rate, or on :he ex~s~mg monthiy pro rata b.~s~s until su:h nme as the removai is completed. Such removalpenodshall exceed one hundred e~ghty(l?,0t da':'s. If TENANT does not remove any and all ~tems placed upon the Leased Prop,:r~.',' by TTNANT '.vit}',in sue?, time period. LESSOR ma': compiele said removals and repairs at TE?','AN-I's exper, se. ~l. JS_C.J'.~_~i~;..a.'~_~,_O [.'S Thcs Agreement shall not be modified except bv a written modification executed by LESSOR and TEN.ANT ~n the same manner as th~s .Agreement ts executed The head:rigs, captmns and numbers ..'~ .......... t . 501elv for cony:nee, nc: and shall not be considered ,.n conserving or interp, renng arE,' provis:on t~n~s ,-\gr:ernent V,'bcrever appropr:ate m th~s ;\ge:em:ne. personal pronouns shall be deemed to mcl,adc other genders and thc singular to include the plural, if such is a reasonable constpac:,on This AgrcemenI cohen:ns all age:er'nears, prom:scs and unders:and:ngs bev,xeen the [.ESSOR and TENANT. and no verbal or oral agreements. prc, m:ies, statements, asse,~ons or representations by LESSOR or TENAN-I' or an5' employees, agents, contractors o: ocher representations of either, shall be binding upon LESSOR or TENANT. The 'FENAN'T, at its sole cost. shall repair damages caased to the Prope~y caused by the negligent acts of the TENANT, its employees, agents. md:pendent con:factors, guests, inv~ecs, licensees, or patrons. The TENANT. at ,ts sole cost, shall remove from thc J. cased Proper:?' in accordance ',,,'ith all applicable rules, loxes and regulations, all sohd, hquid, semisolid, and' gaseous trash and waste and refuse of ant' nature ~'hatsoever which m~ght accumulate and arise from the operations of the TENANT's business. Such trash, v, aste and refuse shall be stored in closed contain:rs approved b'.' thc' LESSOR. TENAX'T fully underslands that the police and la~ enforcement security protect,on provided b~ law enforcement agencies for the above-referenced ProperTy is hmo:ed to that provided to any other business or agency sm:axed ir. Colher Count>'. and ackno;t'ledges tho: an5' special secunr.,' measures deemed necessaO' for addmonal prote,:t,on of the /·cased ProperS.' shall be the sole responsibihty and cost of TENANT and shall revolve no cost or :×pens: to LESSOR. TENANT expressly agrees for ~Lself. tLS successors and ass,gas, to refram from any use of the Leased Proper'U' wh,ch would unreasonably interfere wlth or adversely unreasonably affect the operation or moral:nonce of LESSOR'S standard operanons where other operations share corm'non facilmes. R~ghts not specifically granted the TEN.ANT by th~s Lease are hereby res:ri'ed to the LESSOR. 2.1. f.,~~ .All persons to whom these presents ma'.' come are put upon nonce of the fact that the mt:rest of the LESSOR in the Leased Prop:n>' shall not be subject to liens for improvemenLS made by the TENANT. and ii:ns for improvements made by the TENANT are specifically prohibited from anachmg to or becoming a lien on the interest of the LESSOR in the Prop:,'%' or any pa~ thereof. This notice is given pursuant to :he prov,sions of and in compliance w~th Section '713.10, Florida Statutes~ s DEC 0 1 1998 S~te ID No. 313-012.3 " 25. 5EC..'URITY 15TEREST. It is the express intent of the pames to thts Agreement that LESSOR have no secunr? interest whatsoever in any personal properD' of TENANT whatsoever, and, to the extent that any applicable starcte, code or law grants LESSOR such an interest. LESSOR does hereby expressly waive any rights thereto. 26. g.,EEg~fiJl;,",'TATIOS. LESSOR and TENANT warrant to each other that the.,,' were represented in this =ansacnon by LESSOR and SBA, Inc. as authorized agent for TENANT, respectivel.v, and by no other real estate brokerage firms. Addmonally, thc panics warrant to each other that thc.,.' ',,,'ill each hold thc other harmless from and indemnify ea:'h other against claim.~ made by any broker claiming to have represented the indemnifying parD' in this transaction. GOX,'ER_";ING LAW. This Agreemen: shall be governed and interpreted by. and construed in accordance ',,.':th. the h',,.'s of the State nf Florida An'.,' litigation to enforce this I.ease or an.'.' provision hereof, including an)' damages, m',;.~: be brought m the C~rcuit Court of Collier Count}.', Florida or the U.S. District Court m Fort Myers, Flor:da 28. fi,~T_OJg,,,.",'~'l'_. I-~J'55, in an'.,' procee:hng which either pa~)' ma.',' prosecute to enforce its righls hereunder, the unsuz::essfui party shall pa'..' all costs recurred by the prevaihng part.',' (as such parties are hereafter defined), includmr, reasonable anorney fees, including appeals. ~ x~,f,.,M_Q~N~L'.51fQ.f_J.,/.L~gE At the request of TENA:,"f. LESSOR agree'., to execute a memorandum or s~,on fo,m',, of th;s Agreemen:, m re:ordable form. semng for,~ a descnpnon of the ProperD', the t,:.rm of th~s Agreement ,.,nd o'~er direr, elf' rele',ant mformanon desired bf' TEN:',,?,'T for the purpose o~ gwmg public notice P_L~LJ_~i~E_C...O RD, 'Eqls Agreement is a public record under Chapter I19. Florida Sta,'utes. 2S. I3. L~J.!L',LG_.f~J::.E_CI 7-his Agreement shall extend to and bind the h_-'~rs, personal representatives. successers a.-.2 ass:gas cf LESSOR and TENANT an~ shall constitute covenar,:s r~annmg v,'nh the land. O ~ . _ .x..ut.o m several orlgina! counterpane, each of which "9 CO~.',NI~._f_k~.\R'I'S Ti:Is ..\cr:'cmen: hr, ay be "' .... ' shall constitute an original and al! of',~ h~ch shall cons:~tute LEe same agreement 30 g.A.I20.'" G-.,.55 Ir, accordance with Section -:04.056. Florida S=a,"utes. the fo!lowing statement is made: "P~-\DON GAS; Radon is a nat'ural ozcu,mng radioacnve gas, that when xt has accumulated in a building m suf,qc~en: quantmes, mai.' present health r~sks to persons ~,'ho are exposed to ;t over nme. Levels of radon tha~ exceed Federal and seat.': guldelmes ha',e been found in buildings in Florida." Addmonal informanon regarding raflo,~ and radon :."s::ng ma.,.' be ob:amed from .'.'our Count,,' Public Health Department Site D No. 313-012.3 · -' D,; WITNESS \VHEREOF. the pames hereto have set their hands and affixed their respective seals AS TO THE LESSOR ATTEST: BOARD OF COL%W'Y COMMISSIONERS DWIGHT E. BROCK. Clerk COLLIER COLrNTY, FLORIDA By: By: .., Deputy Clerk BARBARA B. BERRY, C-'haman Approved as :o form and i:zal suffiz,.ncy AS TO THE TEN..~NT BELLSOU~ STEVE Vi7 PreTnVC STATE OF FLOJ~I .D.-',. . - i-he fore,ores ,nstrumen: was a.'knowledged before me th,s C-~/~a.'.' of ~' .199L NOIARY PUBLIC (NOTARY SEAL) Pnnt Name: JAN J DEC 011998 Pg. /.~ ., Site i'D No. 313-012.3 ,.,. EXHIBIT "A" CDescnptmn of the Le'~sed Proper'D/) DESCRIPTION OF PARENT TRACT A P~T ~" T~ rc~c~c ~ pamZr. L~ DESCRIPTION OF PROPOSED ACCESS EASEMENT ~ ~ ~ ~ 1~4~' ~ A ~ ~ 11~.17 DESCRZPTION OF PROPOSED LEASE PARCEL ~ 9/16~98 Initials 11 ~ Initials ~ Site ID No. 313-012.3 EXHIBIT "B" (Descripuon of file 'i"ower Space Leased Exclusively to TENANT) DE C 0 1 1998 ~.. 7 She ID No. 313-012.3 EXHIBIT "C" (Summar:' of ExIsting Facilities on Tower) COUNTY BARN TOWER FREQUENCY USE HEIGHT X-MIT KECV ANTEN?,;A TYPE 280 N/A DB264 270 I54.280 '~', .,-.~ "80DB26~ 260 s~s437s 811.4375 ~s~ 957~ 81t.9375 i~.¢~:~ 811.9625 ~57.497~ 812.4875 ~7.9~2~ 812.9525 S~, 937~ 813.9375 ~5a.962~ 813.9625 8:5.437: g14.4375 859.a875 814.4875 8~9.7625 8t4.7625 86o.~57~ 815.4375 g6&7625 815.7625 ~6,2'.9625 815.9625 225 89.5 (FM) 89.5 (FM) JAMPRO 185 6770.00 6fi 10.00 6' DISH 6780.00 6620.00 8' DISH I70 169.43 169.43 155 6750.00 6590.00 6' DISH 105 6760.00 6600.00 6' DISH EXE(.UTi~,, E SUMSIARY API'ROVAL TO AV,,'ARI) BID # 98-2877 TO UNITED MECHANICAL AND B & I CONTRACTORS FOR ON CALL MECHANICAL CONTRACTING OB,IECT1VE: To av,'ard Bid e 98-2877 to United Mechanical and B & I Contractors call mechanical contracting. CONSIDERATIONS: ()n Novcrnbcr 4.1998. thc Purclmsir~g Dcparl. mcnt opened and labulalcd bid packages tbr thc purclmsc of mcclmn~cal engineering and contracling services. Thc selection of vendors was b;~scd on a labulalion of ImHrlv rates. A lotal of two 12)hiddcrqrcspondcd. Over-all pricin~ was similarbctwccn l;nhcd Mechanical and B & I ('onlractors. In ;m cf IBm to Drovidc thc most cf'ficicnt service, both contractors will bc utilized on an as nccdcd basis. Tim bid rcsulls arc listed in lhc attached bidlabulalion sheet. Coilicr (_'ountv Facilities .Nlan:.,$rncnt DcFmrtn'~cnt is responsible for nmintaining tile mechanical systems in vario[:s buildin,,s~, on thc Nlain Govcmcmcnt Campus. including thc County Jail. as well as outlying buildings: d~c Estates I_ibra~'. thc Main Libra~,' and thc %ledical Examiner's Building. In order to mail, lain thc integrity and coruinuot~s opcralion of these systems, upon Board approval, thc Facilities Nlanagcment Dcpamncnt intends to cnter into a contract with United Mechanical and B&I Contractors Io provide J;d,or and pans tbr on-call mechanical engineering and comracting sc~'iccs. FISCAl. 15IPACT: 'File annual expenses associated with 5, lechanical Contractors is less than $1(I.000 annually. This contracl is used on an as nccdcd basis. Funds arc budgeted in thc appropriate ol)crating and capital cost centers. GROV,,'Tli 5I..\NAGESI}(NT I.'",II'A('T: None. IIE(YO,~I31F. NI)ATION: That the Board of County Commissioncrs axvard Bid :: 98- ,.8/7 to United %lechanical and [3 & I Contractors for on call mechanical contractors. OEC O 1 1998 ,Pg. / _ Executive Summary ,Mechanical Contractor Bid Page Tv,'o Prepared Bx': ..,- ,. . '..~ - Date: Daniel R. Rodrigucz.-Facilitics Manager Ti~c Department of Facilities Management Reviewed IIv: "'f' ;~'- -' "~9 ' ' ,,4(.. /~ ,' ..... ,/ Date: . ,, c' Skip ('amp. CFM. Dircclor ]'hc Dcpa~mcnt ot'Facilitic~ Management Reviewed By: --' ..,_ :' " Date: Stephen Y. Camcll. Director Purchasing Department Approved Bx': , / Date: I.co E. Oct~s. Jri~ ,,\ch'ninistratSr Suppo~ Scm'ices Division AGENO.A ITEM ' Nm..'~ ~} .- DEC 0 1 1998 EXECUTIVE SUMMARY APPROVAL OF A RESOLUTION RATIFYING SPECIFIC EXPENDITURES FOR TR..',.INING SESSIONS, JOB FAIRS AND OPEN IIOUSES, ORIENTATION SESSIONS, KICK-OFF MEETINGS AND PI.ANN'ING WORKStlOPS AS SERVING A VAI.ID PUBLIC PURPOSE. OBJECTIVE: That thc Board of Coumv Commissioners approve a resolution finding and ratiO'lng that specific expenditures for the August 18, 1997 and October 29, 1998 United \Vay campaign kick-offmeetings and future training sessions, job fairs and open houses, orientation session, kick-off meetings and planning workshops are a valid public purpose. CONSIDER..\TION: A United Way campaigm kick-offmeeting ,.','as held on August 18, 1997 and October 29. 1998 at v.'hich time pizzas wcre provided to the participants. Collier County Ordinance No. 87-5 does not appear to cover some of the exact expenditure calegories and sessions. It is the purpose of the proposed attached Resolution to approve and ratify specific expenditures that ',','ere incurred at the August 18, 1997 and October 29, 1998 United \Vay campaign kick-off meetings and those that will be incurred future training sessions, lob fairs and opcn houses, orientation sessions, kick-off meetings and planning workshops. FISCAl. IMPACT: S114.52 to be Ibr the United spent \Vay campaign kick-off meetings on August IS, 1997 and October 29, 1998. Training sessions, job fairs and open houses, orientation sessions, kick-off meetings and planning workshops are held throughout the 5'ear with expenditures of 52,400 per year. Funds are available in 001-121810 and 518- 121630. GROWTlt MANAGE,%IENT IMPACT: Not applicable. RECOM.MENDATION: That the Board approve the attached Resolution ratifying and approving specific expenditures incurred at the August 18, 1997 and October 29, 1998 United \Vay campaign kick-offmectings and future training sessions, job fairs and open houses, orientation sessions, kick-off meetings and planning workshops finding that said expenditures sc~'e a valid public pu~ose. Fumher, that the Board authorize the disbursement of funds to pay for the expenditures. ~Ka n en'~r .R. ~alyst RE IEX~'ED BY: J~iferJ. ~d~afl, Human ResOurces Director RESOLUTION NO. 98. A RESOLUTION RATIFYING AND APPROVING TttE EXPENDITURE OF COUNTY FUNDS FOR PREVIOUS AND FUTURE COUNTY TRAINING SESSIONS. JOB FAIRS AND OPEN }lOUSES, ORIENTATION SESSIONS, KICK-OFF NIEETINGS AND PLANNING WORKSI-IOPS AND DECLARING THAT SAID EXPENDITURES ARE ALITttORtZED AS SERVING A VALID PUBLIC PURPOSE. ~A'i. IEREAS. Ihe Board of Counly Commissioners regularly holds training and orientation scssions For the enhancement of empio.xee skills; and WItEREAS. the Boar(! of Coum>' Commissioners re~ularl>' holds .inb f;~irs and opcn hc,.uses In aI~racl qualified job applicanls; and WHEREAS. lhe Board of Counl)' Commissioners renu!afl)' holds k~ck-oFf mcc~lnffs for ch~nlahle gi~ ~ng campaigns: WitEREAS 'i'hc B¢~ard of,f_'ount)Commissioners regularly holds planning v,'orl,:shops to dc,. ¢',op and promc~lc I}lc goals of (-'our;Is dl's.'i.~lOllS and departments; and '~Vi'[FJR E..\S. rcfrcshmcnls such as donuls, mulTins, paslncs, cool%its, co}fcc, tea. juice. soda. p;z,,'a, sar, c!',,. Iches and iight snacks have been and ,.:'ill be made available ~o those aucmhn.c IhcSC scssmus, fairs, open i'~tlilSe5, kick-o£f mcctin~s and v,.orksho['~s, anti supph,.:s, such as napkins, cups, plastic utensils, paper plales, ~ahlecloths. and coffee sIirr.':rs arc used for .~e~s~ons. Fairs. open ho,scs, kick-off meelinffs and workshops: and ',','}IEREAS. £'olher Counly Ordinance No. 87-5 ~llov,'s for expendilures of Counl.v funds In enhance Count)' en',plo.v,.'e producli,,hy, and recognizes thai }he promotion anti en~endcnng of ?od ,,,.ill Inward Ibc county Js an imponanl f~clor a£fecling Ihe pride of County employees ~n }heir work, provided Iha~ lhe Board o£County Commissioners adopls or has adopIed an m~picmcnling resoh, mn seltin_u fi~nh the specific purposes of Iht expenditures; and ~,k'tIEREAS, the Board ofCounly C'omnfissioners held a United Way campaign kick-off r]~,..'¢lili.e OH Au?]si iS. ]09? and (')ctoher 29. ]905 at t.,. hich cosls in the amount of $1 ]4.52 '.',ere incurred for pizzas; and ',VilEREAS. The Board of Counlv Commissioners shall, in Ihe l'uturc, hold Irainin~ sessions, job fairs and open houses, kick-off meetings and planninff workshops at ,.,,'hich c,.pcndimres for refreshments such as donuts, r~iu ff~ns, paslnes, cookies, coffee, lea, juice, soda, pizza, sandv,'iches, li.uht snacks, napkins, cups, plaslic utensils, paper plates, tableclolhs and BEC 0 1 1998 NOW THEREFORE, BE IT RESOLVED BY TIlE BOARD OF COL~'TY ('~MMISSIONERS OF COI.[.IER COUNTY, FLORIDA, mat: 1. Thc cxpcndilures in the amounl orS114.52 for Ibc United Way campaign kick-off me~ings held on August 18, 1997 and October 29, 1998 arc hereby found by thc Board to sen'e ~ xahd public pu~nse and are ratified and approved Thc specific expenditures ratified and 2 The ~oard fu~hct finds lJlal for f~lgre Iraining sessions, job fairs and open houses, kick-ofl'mc~fings and planning workshops expcndilures for rc[reshmcnts such as donuls, mu ffin% paslhcs, cookies, cc flee. lea.juice, soda, pizza, sandwiches, liffM snacks, napkins, cups. pJ,lSTlC lllCl~SlJ~, paper plaits, lableclolhs and coffee sli~crs sen'e the vahd public pu~ose of prommmB and cn?:mtcring goodwill loward Counly gov~mmcnl and increasing produclivhy anti fl': ff~sc reasons ar~ approved for fulurc traimng sessions, job Fairs and open houses, kick-off n:c:.:m~s and planning xgc, rkshops The Board hereby aulhorizes &sbursemem of moneys Io pay for said cxpcndmncs ~his Rcs,qmmn adoplcd aficr molion, second and nworJb' VOle favoring same DATED ATTEST BOARD OF COU%'TY COMMISSIONERS D',VIGi{T E ~ROCK, Clerk COLLIER COUNTY. FLORIDA By: AucslastoChaim~an's BARBARA B BERRY, Chairman s~nature only, ..\pprn~ed as to form and leu,d su !'fic}ency: Daxid ('. \Vcigcl Cc, linty ..\ I[orncy EXECUTIVE SUMMARY RECOMMENDATION TO ACCEPT STAFF'S SHORT LIST OF CONSTRUCTION MANAGEMENT AT RISK FIRMS FOR THE CONSTRUCTION OF THE 4'n~ FLOOR OF THE COURTHOUSE AND THE IMMOKALEE AND NAPLES JAIL FACILITIES. OBJECTIVE: To have the Board approve the short list of Construction Management at Risk firms for the construction of the 4"m floor of the Courthouse and the Immokalee and Naples Jail facilities and authorize staff to negotiate with the top seated firm. CONSIDERATIONS: On June 18, 1998, the Count), published a Request for Proposal (RFP) for the construction of the lmmokalee and Naples Jail facilities. A committee comprised of representatives from Facilities Management, l'urchasing and the Sheriffs Department reviewed the five proposals that were received on Jul), 24, 1998 and short listed the following firms: Kraft Construction Company,, Inc. 2. Brown & Root CRSS Staff is requesting authorization to negotiate a master contract with a phased program as follows: Phase One: Construct the 4'~ floor of the Courthouse. (Fully, funded) Phase Two: The Immokalee and Naples Jail facilities. (New construction and renovation), Chiller Plant Phase Three: Sheriffs Administration and Operations Facilities (New construction and Renovate) Funds are available in Capital Project 301- 110478-80529 for staff to immediately start the negotiations with Kraft Construction Company Inc. for Phase One. Phase two and three are not being negotiated until the Board approves funding for these projects. This proposal is in concert with the Board's Master Space and Correctional Plan. FISCAL IMPACT: Yet to be determined, GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Correctional Facilities Capital Improvement Plan (CFCIP) and the Projected Space Assessment Analysis. RECOMMENDATION: That the Board of County Commissioners authorize staff to negotiate a contract with the top seated Construction Management at Risk firm as addressed in this summars'. DEC 0 11998 Executive Summary Page 2 PREPARED c -~. . DATE; -~J~k Crognale, Constru~ion Manager /epartment of Facilities Management Skip Camp, CFM, Director ....... Department of' Facilities management REVIE'WED BY: ,. _.,.~:/_.,---. .~ .z/., DATE: , Stephen Carnell, Director Purchasing Department Leo E.'Ochs. Jr. Admirf~trator Support Services Di;;isiion ./ / / .o. /6 ?)--' ~ DEC 0 1 1998 APPROVAL OF BUDGET AMENDMENTS BCC Agenda of December I. 1998 Road Impact Fee Fund (Fund No. 336) Budget Amendment No. 99-059 Road Impact Fees Capital Outlay S5,000 Resets'es Capital Outlay (55,000) Explanatj,'m: Funds are needed for a closing for a right-of-v.'ay purchase for CR 951 project. BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE DECEMBER I, 1998 FOR BOAP, X) ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: 2. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period' A. November 9 - 13, ]998 3. Districts: A. Golden Gate Fire Control and Rescue District - agenda of November I 1, 1998 B. Fiddler's Creek Community Development District - minutes of June 24 and August 26. 1998, district map. copy of Audited Financial Statements for September 30. 1997 with description ofoutstanding bonds, public meeting schedule for 1999 and district map for 1999 C. Heritaue Greens Community Development District - Notice of non-scheduled public meetings, district map. and budget for 1999 D. lmmokalee Fire ControI District - Budget for 1998-99 and revenues for 1998-99 t2. lmmokalee Water and Sewer District - Notice ofregular meeting for fiscal .,,'ear 1999 F. Naples Heritage Community Development District - meeting schedule for 1999. district map for 1999. and operating budget for fiscal .,,'ear 1999 G. Pelican Marsh Community Development District - meeting schedule for 1999. district map, and operating budget for fiscal year 1999 4. Minutes: A. Airport Authority agenda of November 16, 1998 B. Radio Road Beautification Advisory Committee - minutes of October 12, 1998 and agenda of November 9, 1998 DEC 0 1 1998 EXECUTIVE SUMMARY APPROVAL OF A SECOND AMENDMENT TO LEASE AGREEMENT BETWEEN COLLIER u UNTY AND JEANNE L. NOE, AS TRUSTEE OF THE JAMES R. NOE II REVOCABLE ST 1~: Approval of a Second Amendment to Lease Agreement between Collier County ("County") and Jeanne L. Nec, as Trustee of the James R. Nee II Revocable Trust ("Lessor") for the continued use of property on Arnold Avenue for the Sheriff's Office Maintenance Facility. ~ATION: The current Lease Agreement between the County and the Lessor is scheduled to expire on November 29, 1998. With this, the Sheriff's Office is desirous to continue its' maintenance and refueling operation at that facility. The attached Second Amendment to Lease Agreement extends the Lease term for an additional three (3) years. The new expiration date shall bc November 29, 2001, All other terms and conditions of thc original Lease Agreement shall remain in full force and effect. The attached Lease Agreement was reviewed bv the Office of the Count,.' Attorney. the Sheriff's Office, and thc Risk Management Director. FISCAl. IMPAC'[: The monthly rent of Three Thousand Eight Hundred Twenty Dollars and 41 Cents ($3,820.,1,1) or annual rent of Forty-Five Thousand Eight Hundred Forty-Four Dollars and 92 Cents ($45,844.92) has not changed with this .Amendment. Funds are budgeted in General Fund, Board Paid Oeri ff Expenditures (001-061010). GROWTtI 51ANAGEMENT: None RECOSIMENDATIO,': That the Board of County Commissioners approve the Second Amendment to l.ca.sc Agreement with Jeanne L. Nec, as Trustee for James R. Nee II Revocable Trust and authorize its Chairman to execute same. PREPARED ~'~'M icha'~l }-t. Dowling, Real Prolb.~ SP~)ist, Real Property Manageme"~e-~a~'~e~' Oa - ,ssistant, aTZ: t f- · D& . t Lease #733 SECOND AMENDMENT TO LEASE AGREEMENT THIS SECOND A.",IEND.X. IENT 1'0 LEASE AGREE.\IENT entered into this da,,' of , 199g at Naples. Collier Count}'. Florida b). and between Jc'~nn~' L. Noc. as Trustee of thc J~'nes R. Noc II Rcvocablc Trust. ',,,hose address is 2OOl \Vafatch Drive. Saraso~a. Fionda 34235, hereinafter referred to as "LESSOR". and COLLIER COUNTY. a polmca] subd~,.'is~on of thc State of Florida. whose marling addr,'ss is 330] East Tamiami Trail, Naples. Florida 34112, hereinafter referred to ~ "LESSEE". WITNESSETH WI'!ER£AS, Collier Count}' and J~'ncs R. No,:. have previously entered into a Lease Aktrcemcn: dated J~ua~.. 25, 1994. and an Amendment to Lcas¢ Agreement dated November 21, 199.f; V.-HEREAS, James R. No¢ II is deceased; and \V'HEREAS, p. Bun ".'cazc?'. as personal teprcscmati','e of thc Estate of James R..X;oc II. a,mgn,:d th; Leas'` Agreement dateJ Janua. r'/ 2S, I994, between Collier County and Jo. mos R Nec, as am-.ndcd, to J'`anne L. No,:., ~ sole Trust'`'` of igc James R. Noc [I Revocable Trust; and WHEREAS. the LESSOR and LESSEE ~:e desirous of :,mending thc Lease Ag're'`ment and Am-.ndmcnt To Lease Agreement, and NOW THEREFORE. ~n consideration of thc covenants ~.nd -',grcemenrs provid,:.d v,~thln said Lease Agr'`'`ment daI'`d Janua."} 2.;, i994, and Ten Dollars (SlO.(.Z~,} and other valuable consideration, sa;d 1.ease A~,~eemcnt ts hereby amended as foHo:vs: I. Anic!e 2 of th; Lease AD-eemc.nt' as amended, is hereby dele:cd in its cnt:rety and foi;o'~.'lng provision is substituted in its place: LESSEE shah ha,.e and hold thc Demised Premises for a term of one (ii .,,'car commenc:ng on November 30, 199.t, and terminating on November 29. 1994 (ar mldmght) LESSEE is granted thc option, provided il is not in default of any of thc terms of th~s l.¢asc :o renev, sam'` For one ( I ) additional term of one ( I ) .'.'car establishin~ thc exp~ra;ion of thc I.¢ase as November 29. I99.~. by providmg thc LESSOR ',,.')th v.-ntten not~'ce not Ices than (60) days pnor to th: c',.p~rauon of thc leasehold estate hercb',' created Thc LESSEE is the~ k:r.'r, tcd Ih-. op:~or, :o rc::.-'v, this lease for I'.,,'o (2; additional t~,,"ms of three (3~ ',cars und.-: le,,.-m,,s and ccndm~ns as pros~ded hereto, b} g~',mg verbal or *.'retch ne:~c.-' o," LESSEE'S lnt::n:~on to do so to th.-' LESSOR not less than s~xt,,' (60) days prior to ,'he e~F:r',:~on of leasehold cs~atc hereby created or thc ~'cn'`',,,'al terr~ then il' effect. Sa~d no:~c¢ period shall commence upon placcmen~ of thc whiten notice in an ofl'~cla] dcpos~to~ of lhe L'mted Pos~ OFf/ce, Re~;Istered or Certified Mail, postage prepaid, or by pcrsonai dchven, or o,.erm~h: delivery sen'icc. ' If LESSEE elects to purchase the Demised Premises from LESSOR dunng thc Least t~rm specified above, and at thc time u. hcn a Sales and Purchase Agreement ~s cx¢cu,.cd b} bolh pames, this Lease shall become null and void. This Lease shall also bccom.-, null and ','o~d following thc th;ce (3) year additional term commencing November 29.1998. 2. Thc LESSOR acknowledges that thc LESSEE has provided thc required written nonce on Augusl 1, ]995 to LESSOR as notified in thc Lease da~d January 25, 1994 requesting ~o continue thc rencv,.'al of thc Lease term. LESSEE hereby ackno',.,.'ledges lhal LESSOR has pro,,'~dcd response on Augusl 25, 1995 to extend lhc Lease term and verbally on Jul}' ]0, 199~. 3 Except as c×pressl.,,' provided herein, thc' Land Lease A~reement between James R. Il, and Colh=r Count}', a political subdwision of' thc Stale of FIo,'ida, for thc u~flizauon o£ thc Demised P;em~scs d'`scnbed m said Leas'` Agreement dated January 25, 1994, remains m ful! force and ef£ecl accordm$ to th.- terms and condmons contained therein, and said terms and condmons ~c applicable herclo cxcep: as expressly pro','i~¢ herein. / .';.' ';' ."..: ;-' '" ......... ~... ] I IN WITNESS WHEREOF, the LESSOR and LESSEE have hereto cxcculed ~his Second A,rncndmcn: to Lease Agreement the da)' ,,.nd year first above v,'mten. AS TO THE LESSEE: DATED: BOARD OF COb,"NTY COMMISSIONERS, ATTEST: COLLIER COU,'NTY, FLORIDA DW1GHT E. BROCK, Clerk BY: BY: , Deputy Clerk BAP..BARA B. BERRY, Chain'nan AS TO THE LESSOR: DATED: JEANNE '" , OE ¥,'~mess (Signature) as Tins:ce o,t the James R. Noe II Re~.ocable Tru.~t (Print Na.m e'~ "ahtness (S~gnatur:} IPnn: :game) Approved as to form and legal sufficiency: Heidi F. Ashton Assistant Count)' Attorney EXECUTIVE SUMMARY REQUEST FOR TRANSFER OF MONIES FROM THE GENERAL FUND SO THAT THE COUNTY PROBATION DEPARTMENT CAN START AND MAINTAIN A RESIDENTIAL ELECTRONIC MONITORING PROGRAM. OB,JECT1V. F,_i To transfer the amount of 525,200.00 from the General Fund for the purposes of starling and maintaining an "In House Arrest" Residential Electronic Monitoring Program by the County Probation Department. ~LI.I)_F~TION: On October 1, 1998, thc company that had provided Electronic Monitoring services to the court for thc last 10 years had ceased operations. Offenders that were ordered House An'cst were referred to Collier County Monitoring, Inc.(C.C.M.I.) and monitored by their non court personnel. Reports of compliance and/or violations with program conditions were immediately forwarded to County Probation by C.C.M.I. staff. Offenders directly paid C.C.M.I., and Collier County recognized neither revenues or expenditures from this program. The monitoring wu provided on non violent criminal offenders that would othem, ise have been incarcerated in the County Jail, primarily due to charges such as Violation of Probation or those related to substance abuse. Tile average number of offenders monitored daily by C.C.M.I. was approximately 23. F_lcctronic monitoring has proven to be an effective behavior modification and supervision tool that frees up jail beds, and is cost effective for the tax payer, as thc off'cndcr must pay an established daily fcc for participation in the program. A number of Electronic Monitoring vendors and service providers were interviewed and a preliminary agreement has been entered into with Intelligence Surveillance Corporation (I.S.C.) to provide monitoring equipment and service at a daily lease use cost of $2.99 per unit. I.S.C. had tile lowest price for comparable equipment. The Collier County Probatiou Department will be responsible for supervising offenders th:it arc court ordered into the Electronic Monitoring Program. Each offender will be assessed a fcc of $8.00 per day for each day of their monitoring sentence, as recommended by thc Resolution submitted for the approval of the B.C.C. An object code recognizing these revenues will need to be established. Intelligent Surveillance Corporation (I.S.C.) will invoice the Collier County Probation Department each month for every monitor and transmitter pair that were in use during the previgus billing period at a rate of $2.99 per day. This expenditure will be recognized az otherA~t.}I~~ services. Revenues will be based on number ofpaying clients times th nur~hazr of active user days each. DEC O1 1998~ In addition, I.S.C. will bill the Collier County Probation Department the amount of $1.59 daily for one hand held transmitter tracking device that will be utilized by the monitoring officer for safety and efficiency reasons. County Probation will utilize existing staff and resources for this program. FISCAl. IMPACT; Total cost for the Electronic Monitoring Program is $25,200.00. This program will generate at least $67,200.00 into the General Fund 001 (object code 351980 ). The amount of $25,200.00 will need to be transferred from the General Fund "001-929020" into Court Administration "681-431310", and $42,000.00 will be recognized as Reserves to the General Fund "001-919010". B.ECOMMENDATION; That the Board of County Commissioners approve the Budget Amendment transferring S25,200.00 from thc General Fund for purposes of allowing thc County Probation I)epartment to start up and maintain a "House Arrest" Electronic Monitoring Program, and adopt a Resolution to establish a tee schedule. Submitted by: Count),' Probation Dircctor Date George R. Drobinski D ep"u t~"CTm ~-A d m i n ist rator Date Mark Middlcbrook AGENDA ITEM DEC 0 I 1998 EXECUTIVE SUMMARY Request by the Collier County Health Facilities Authority for approval of a resolutmn authorizing the Authority to issue revenue bonds to be used to finance healthcare facilities for the Cleveland Clinic OBJECTIVE: To accomplish the necessary approvals to authorize a proposed revenue bond issue by the Collier County Health Facilities Authority to be used to finance healthcare facilities for the Cleveland Clinic. CONS[DEIL, XTIONS: ' The Health Facilities Authority has been requested by Cleveland Clinic to issue its bonds~to finance certain healthcare facilities. '['he facilities include the construction and equipping of the clinic and hospital facilities being presently constructed on Pine Ridge Road in Collier County and the renovation of certain existing Broward County facilities and the construction of new clinic. The Authority met on November 24, and heard presentations from Cleveland Clinic officials. The meeting was noticed by publication in the Naples Daily News, and any comments of members of the public were considered. The Authority also considered thc request that the Bonds include financing for the facilities in Broward County. The Commission is familiar with multi-county transactions, since the Housing Finance Authority regularly enters into such arrangements whereby larger counties issue bonds on behalfofthat Authority. In this case, about 2/3 ofthe financing is for the facilities being constructed in Collier County. At thc conclusion of thc public hearing, the Authority determined to proceed with financing. This includes the Broward portions of the project based on the following considerations. (1) a large majority of the project is being constructed in this county, and thus the terms and conditions of the Bonds should be set by this county (2) the extremely high issuance costs imposed by Broward issuers unnecessarily reduces monies that would otherwise be available for healthcare facilities, (3) the Collier Authority is able to take the necessary steps to complete the financing much more rapidly than the Broward issuers, which advances the completion date, to the advantage of Collier County, and allows the Clinic to take advantage of current market conditions, which increases funds available for facilities, and (4) both the Broward County Health Facilities Authority and the Broward County Board of County Commissioners have approved the issuance of the bonds by the Collier County Health Facilities Authority Federal tax law requires two approvals for the issuance of the bonds. First, the Authority ' must hold a public hearing, and must adopt a resolution in favor ofissuing the bonds. This was done at the conclusion of its public hearing on November 24, 1998. Follow L~ thi~ nnnrnv~tl ,tho AGENDA ITEM. No. DEC O1 1998 Pg. governing body of the jurisdiction must also approve the bond issue. This docs not have to be a specially advertised hearing, but must be done at a regularly noticed and held meeting. A Resolution for thc Board to adopt is attached. As are all revenue bonds of this type, these bonds are based on revenues of the project and are not obligations of the Authority or the County, therefore there is no pledge of any taxes, nor a pledge of any revenues except the revenues of the Borrower. Neither the County, the Board, the Authority, nor any officer of the County is liable for their pa3,xnent. Further, the Resolution expressly provides that this approval by the Board does not abrogate any County regulations. including land use regulations. The bonds are additionally secured by a payment guaranty from the Cleveland Clinic Foundation, an umbrella group consisting of numerous hospitals and other entities comprising the Cleveland Clinic Health System. It is expected that the Bonds will carry a rating of Aa3 (Moody's) and AA- (Standard & Poor's). FISCAL IMPA(TT: This program docs not require any contribution from the Board of County Commissioners or any other County agency. On the other hand, in lieu oran issuance fee, thc Clinic has agreed to make a substantial contribution to the Industrial Development Authority to further the County's economic development activities. GROWTH MANAG£MENT IMPACT: The adoption of the attached resolution will have no adverse growth management consequences. The facilities are being constructed in accordance with ali County growth management regulations, and are subject to the LDC, the Grow'th Management Plan. concurrencv requirements, and the payment ofimpact fees. R£CO.MM ENDATION: Thc Board of County Commissioners adopt the attached Resolution. Prepared by: Donald A. Pic"k~wort~, Counsel Collier County Health Facilities Authority Approved by: 15~viil C. w4igel,-C-o~nt'y A~t~ey AGENDA ITEM. BEC 0 1 1 68 A RESOLUTION OF TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA APPROVING TttE ISSUANCE AND SALE OF REVENUE BONDS BY THE COLLIER COUNTY HEALTH FACILITIES AUTHORITY, AS RQUIRED BY SECTION 147(f) OF TttE LNTERNAL REVENUE CODE, AS AMENDED; AND PROVIDLNG FOR OTHER RELATED MATTERS. Whereas, the Collier County Health Facilities Authority (the "Collier Authority") is (i) a body corporate and politic and a special district of Collier County, Florida ("Collier County") created by Collier Count.,,' Ordinance No. 79-95 duly adopted by the Board on November 20, 1979 pursuant to the Florida Health Facilities Authorities Law (Part III of'Chapter 154, Florida Statutes), as amended (the "Health Facilities Act"), (ii) a "public agency" as defined in Section 163.01, Florida Statutes. as amended, which is titled the "Florida Interlocal Cooperation Act of 1969" (the "Act"), and (iii) a "health facilities authority'" as defined in the Health Facilities Act, and a "local agency" under Section 159.27(4) of the lndustria! Development Financing Act CPa. rt II of Chapter 159, Florida Statutes), as amended (the "Industrial Act"), with the power to issue revenue bonds for the purposes of'financing a "project" as defined in the Health Facilities Act and the Industrial Act; and Whereas, Cleveland Clinic Florida (A Nonprofit Corporation), a Florida not for profit corporation, with certain facilities located within the boundaries of'Collier and Broward Counties Florida, (the "lnterlocal Borrower") and Cle,'eland Clinic Florida Naples Hospital Non Profit Corporation, a Florida not for profit corporation with facilities located within the boundaries of' Collier County (collectively with the Interlocat Borrower, the "Borrowers"), have requested the CoItier Authority to issue its revenue bonds (the "Bonds") for the benefit of the Borrowers and to loan all or a portion of the proceeds thereof to the borrowers to, among other things, (i) pay or reimburse the Borro,vers for the payment of, or to refinance certain prior debt the proceeds of which ,,,'ere used to pay', costs of acquiring, constructing, renovating, rehabil~tatin~a,~lq~:l~'i~'~ certain healthcare Facilities located in Collier and Broward Counties, Florida (the "project"). iii) pay a porlion of the interest on the Bonds during the acquisition and construction of tile project. (iii) fund a debt service reserve frond for tile benefit of thc Bonds. if'deemed necessary or desirable bv the Borrowers, and (iv) pa3,' certain expenses incurred m connection v.'ith the issuance of thc Bonds, including, without limitation, the cost of any credit enhancement o,' liquidity enhancement, il-deemed necessary or desirable by Ibc BorTo,.vers. all as pern~iltcd by thc Hcalth Facilifics ,Act or thc Industrial ,Act: and 'Whereas. in order Io accomplish economics of scale and othcr cost savings, and to rcducc lhe cosls of providing heatlh care scm'ices in Collier County. lite Collier Authority desires ID assist ~l;c Ik)rro',','crs bv issuing the Bonds; and \Vl~crcas. in order to accomplish the purposes of the Act, the Collier Authority has entered into an laterlocal Agreement (the "Interlocal Agreement") with the Broward Authority to provide for thc issuance bv the Collier Authority of its Bonds for the benefit of thc lntcrlocal gorrov,'cr: and \\qtcrcas. Section 147(i') of thc Internal Revenue Code o£ 1986, as amended (the "Code".). provides that thc elected legislative body of the governmental unit which has jurisdiction over lite area in which the f,qcilit',.' financed v,,ith thc proceeds oftax exempt bonds is located is to approve thc issuance of such bonds after a public hearing; and Whereas, thc Board of Count.',' Commissioners of Collier County, Florida (thc "Board") is the elected legislative body of the County; and \Vhereas, the Borro,,vers caused notice ora public hearing to consider approval o£the Bonds and thc location and nature of'the project to be financed v,'ith the proceeds of the Bonds to AGENDA ITEM, 6EC O 1 1998 be published on or before November I0, 1998, in the Naples Daily News a newspaper of general circulation in the Count.,,', and a copy of said notice is attached as Exhibit A (the "Notice"): and \V'hereas, the Collier Authority held a public hearing on November 24, 1998, notice given as required bv the Code and has submitted a copy of the minutes of such public hearing, together. with all written public comments which it received to the Board and has recommended to the Board that it approve the issuance of the Bonds in accordance with Section 147(0 of the Code: and \Vhereas the Brov.'ard Count>' Board of County Commissioners has approved the issuance of the Bonds v.'itt-, respect to those portions of thc project that arc located within the boundaries of Brov.'ard Count>'. Florida by its Resolution 1998-1100 adopted November 3, I998. a cop>' ot' which is attached as Exhibit B; and Whereas. for the reasons set forth above, it appears to the Board that the approval of the issuance and sale of such Bonds as required by Section 147(F) of the Code is in the best interests of Collier Count',.'. NOW. THEREFORE, Be It Resolved bi,' the Board of'County Commissioners of Collier: Count.','. Florida. that: Section 1. Approval oflssua,~ce of the Bonds. This Board hereby approves the issuance ofthe Bonds by the Collier Authority for the purposes described in the Notice pursuant to Section 147(0 of the Code. The Bonds shall be issued in such ag~egate principal amounl, bear interest at such rates, mature in such amounts and be subject to such optional and mandatorY! redemptions as are approved bv the Collier Authority without the further approval of this Board. The Bonds shall not constitute a debt, liability or obligation of Collier County, Broward i.. AGENDA ITEM. 3 E T_.C 0 1 1Bg8 Count3,', their respective Boards of County Commissioners, officers, agents or employees, or the State of Florida or any political subdivision thereof, but shall be payable solely from the revenues provided therefor, and neither the faith and credit nor any taxing power of Collier County, Broward County, or the State of Florida or any political subdivision thereof is pledged to the payment of the principal of, premium, ifany, and interest on the Bonds. No member of the Board of County Commissioners of Collier or Brov,'ard County or any officer of either shall be liable personally on the Bonds by reason of their issuance. This approval shall in no v,'ay be deemed to abrogate an.,,' regulations of Collier Count,., and that portion ofthe project located in Collier Count>' contemplated by this Resolution shall be subject to all such regulations, including, but not limited to, the Collier Count>' Growth Management Plan and ail concurrency requirements contained therein and the Collier Count>' Land Development Code. Section 2. Severabilio'. If any section, paragraph, clause or provision of this Resolution shall be held to be invalid or ineffective for any reason, the remainder of this Resolution shall continue in full force and effect, it being expressly hereby found and declared that the remainder of this Resolution would have been adopted despite the invalidity or ineffectiveness of such section, paragraph, clause or provision. Section 3. Effective Date. This Resolution shall take effect immediately upon its adoption, and any provisions of any previous resolutions in conflict with the provisions hereof are hereby superseded. PASSED and Adopted this day of December, 1998. AGENDA ITEM 4 [; 5_. C. 0 pg. ATTEST: COLLIER COUNTY, FLOR/DA BY Dwight E. Brock, Clerk ITS BOARD OF COUNTY COMMISSIONERS By: Deputy Clerk Barbara B. Berry, Chairman [SEAL] Approved as to form and legal sufficiency: i.ii A(~END~ ITEM, I 5 ~ ;.?, C 0 1 I,.,q~8 - p~._ r-} HapLes Oa~Ly Naples, Fl. 34102 Affidavit of PubLication NapLaa DaiLy Heys P%CKUORTH, DONALD P.A. 5~50 TAhiti TRL fi ~02 NotlceofPubHCHeorlng Notice Is hereby given tn~ the Collier County Heo~ NAPLES FL 3~103 FOCH~Ies A~horl~ (1he "A~h~ tV") will COn~u~ O~bl(c hasting on Turn,Dy, November 2a, 1998, ~ 2:~ o.~. In t~e Coun~ ~,onoger's Conference R~m, sec- ond f;~, ~uil~ng "F", ColHer Coun~ Cou~house 3301 Eost Tomiom~ Troll, Nooles, Florins, 341 ] 2, for t~ se of receiving public co,meats sad heorl~g discus. son concerning the proposed ISsuonce of the A~horlty's ~osoTtom Revenue Bo~s, Series REFEREHCE: 010784 (Clevelon~ Clin;c Health System Obllgote~ Group 5~76767 Notice of Public Hca Guoron'ee~L In on omou~ not to excee~ ~1~0.~,~0 to be usec to thence t~e OCQUI~ItJO~, constru:hon,.ren. ~l~n,,~o~oH~9. On~ e~uipoIng Of ce~o;,~ State of FLorida ~re,ac,,~esoescr~oe~osfol~ows: 1 ~O~tl~ on~ clinic focHities Ioc~ in Come- CGu~t.. C~ty of Collier ~lo,Joo including site o:oufsition (~e "Cou,¢? Before the undersigned authority, perionaL[y ~s'losfollows: appeared B. La~b, ubs on oath says :hat she serves '~sj?v ~te stru~F~ot Oa~ty Ne~l/ I da J Ly neuspaper p~bli~hed at NapLel/ structure of opprox ~ely 16S 700 sauare Feet to tn CoLLier County/ FLorida: that the attached ~?o.,~ae ~e~lcal/surgl¢ol Dad ~Doct, and relote: Copy Of adver:~:~ng was published ~n sa~d b. The Collier CHnlC FocHtHes, consisting of o tiYe,sfo- newspaper on dates LJs:e~. ry concrete s~ru~ure of oporo~l~elv 174,220 Affiant further says that the said NapLes Daily sauoreleetonare~e~eau~ent; c. Loc~Jon: 6101 Pine ~l~ge Roo~' Heus is a nevspaper published at NapLes, in said a. Inilicl Ooer~ors and Owner:~ (1) Collier HosPital ColLier County, Florida, and that the said Focltitles-Clevelon~ Clinic Fiori~ Hospilol Non Profit Corcor~ion; (2) Co I~e~ CHnic newspaper has heretofore been continuously Clevelcn~CIl~lcFIorido(ANon~roftCorDorotio~}. ~bL~sh~ ~n la~d CoLLier County~ FLorida, each 2. CUnlc focHities ~oc~e~ In Broword County, Florins day and has been entered as second class ma~L [t~e"Bcowor~Focilities"]osfoUows: c. The C~DressCreek Foc lties, cons~stlngofo ~tter at the post off~ce ~n Nap[es, in said ~resemlv owned by on unrelofeo third ~o~y, to CoLlier County~ ~[or~da, for a period of 1 year accuireO, remodeled, on~renovmeU; ~. The Weston Foci Les, consls~ng of o five-s~or.~ next preceding the first publication of the ~eel frome s~uclu~e of coDroxim~elv 19~417 attech~ copy of advertiseeen:; and affiant squcrefeetonOrel~eOe~ulomenf. ' I further ~ays that she has ne~ ther pa~d nor c. Locoflon: (1) Cypress Creek Fo~lllfles.30~ W. Cv. press Creek ~oc~, Ft. Louderdole, Florl~ 333~; promiled any person, fir~ or copora:~on any weston Foclllfies-31~ Weston R~c, We~ton FlorJdo J dfscount~ rebate, commission er refund for the 33331 , purpose of aecur~ng :hi s ad,er: ise~en: for ~. Inltlol O~er~or and Owner: Cleveland Ctlnic F~cri. dO (~ Nonorofit Corpor~lonL publication in the ~a~d ne'~spaper. ~H ln~e?esfed pa?sons ore Invited to sub,i? written co~en~ or ~en~ the heorlng, eHher personoIW PUBLISHED ON: ql/~0 mrou~ their reorest~t~ive, on~ wUI ~e aiven o~ op- Oo~unm~ to express their views Concerning l~e proj- e~ or the flnonclng. Anyone Oeslrlng 1o ~o~e wrJ~en co~ents In Odvonce of the he~lng ~oy sena ~uch Collier Cou~ Heo~ PoclU~les A~horl~ Nooles~ Flortdo 34103 AD SPACE: ~72.~0 ZHCH WH,en co~e~s recemved In odvonce of the FILED ON: 91/~0/9B , ~ oho orof co~enfs ~o~e ~ fha haG?lng ore fo? the / cons~e?~[on Of the A~norl~ ond will not'bind the Au- ......................... tho?i~. CoPies of the OpP C~lons for fl~oncln~ ore ovo~o~le for InSoe~on Grid Copying of the office of the S(gnature of Aff(~ , ' GenerolCounselsetfo~ho~ove. SHOULD~ P~SON DECIDE.~O APPEAL ANY DECISION h~ADE 8Y THE AUTHORITY WITH RE. HEARING, SUCH PERSON WILL NEED A RECORD O~ TH~ PROCEEDIHGS AND, FOR THAT PURPOSE ~ ' VERBATIM RECORD OF THE PROCEEDINGS .IS ~AD~, WHICH RECORD INCLUDES THE T~STI~,ONY AND ~IDENCE UPON WHICH THE APPEAL IS TO BASED. In occordance wHh fha Americans with Dlsob t es A~, ~ersons needing O speclol occommo~fon to ~ote In this hearing shoul~ ¢onto~ Dons 0 A. Pick- ...........]oyce [. Blazier wo~h,.General Counsel, ~ (941) 263-8060 no la, er t~an ~:~ seven (7) days prior to the hearing. MY COMM~SION ~ CC702S21 E~;~ES This n~lce ts given pursuant to Se~lon 147(f) of the In- W.~:~{/ ~ri110, 2002 Carnal Revenue Co~e, as amenUed. /s/Donald A. Plckwo~h . . 'O ~',. ~' ~..' B~DED T~ T~OY F~ I~A~F. ~ Assistant Secretary and Nov. 10 No. 1304821 AGENDA ITEM ' EXHIBIT A DEC 01 1998 t~J-19-1998 17:23 P.02 Rmolution 199B- 1100 RESOLUTION OF THE BOARD OF COUNTY COMMISSION'F..RS OF BROWA.P,.D COUNTY, FLORIDA APPROV'LNG TH~ ISSUANCE AND SALE OF REVE'NIj'E BONDS BY COLLIER COUNTY, FLORIDA AS REQUIRE. D BY SECTION 147(0 OF TI"[E LNTERNAL REVEN'U'E CODE, AS A.MEN~ED; A.N'D PROVIDING FOR OTI~R RELATE.D .MATTERS. W'herea. s, the BroWard County Health Facilities Authority (the 'Broward Authority") is a special district and a body corporate and politic of Browa,rd County, Florida ("Broward County") and the Collier County Health Facilities Authority (the 7Collier Authority") is a special district and a body co.orate and politic of Collier County, Florida ('Collier County"), and each is a "public ~,gency" as deft. ned in So. ion 163.01. Florida Statutes, m amended, which is tided the 'Florida Interlocal Cooperation Act of 1969" (the "Act') md ~ such 'public agencies" are author'i2ed to enter L'~to interlocal agreements pursuant to the Act, for the joint, exercise of powers which they in end which each exercise md shoe might COmlT/OTI ~ereas, the Broward Author'ivy mad thc ColLier Authority are each ~. "health facilities uuthomy" a.s deRned in Section ]54,205(2) of the Florida Health Fac~ties Authorities Law ISI o£CMpter 154, Florida Statutes), ~s m"nended (the 'Health FacLl.ities Act.'), and a "local agency" under Se~on 159,27(4) of'the Lnchastria.1 Development FimmcLng Act ('Part LI of' Chapter 159, Florida Statutes), as amended (the "Industrial Act"), with the power to issue revenue bonds for the purposes of'financing a "proje~" ~s defined in the Health Facilities Act and the Industrial Ac't; and Whereas, Cleveland Clir'fic Florida (A Nonprofit Corporation), a Florida not for profi corporation (the "interloczl Borrower"). with certain facilities located within the boundaries of Browasd County and outside the bound~"ies of Collier County. has requested the CoLlSer Authority to issue its revenue bonds (the 'Bonds") for its benefit and loan all or a portion of the proceeds thereof to the Interlocal Borrower to, among other things, (i))ay or reimburse the lnterloca. I Borrower for the payment of, or to refinance ceftin prior debt he DEC 0 1 1998 EXHIBIT B Pg. ~ N(~J-19-i~ I7:23 P.03 were used to pay. costs of acquiring, constructing, renovating, rehabilitating and equipping certah'~ healthcare facilities located in Broward County, Florida (the "Project"). (ii) fund a debt service reserve fiand for the benefit of the Bonds. if'deemed necessary or desirable by the Interlocal Borrower. ~d (i.ii) pay certain expenses incurred in connection ~th the issuance of the Bonds, including, without limitation, the cos~. of any credix emhancement or liquidity, enhancement, if deemed necessary or desLrable by the l_nterlocal Borrower, all as permitted by the Health Facilities Act or the Industrial Act; and Whereas, in order to accomplish economies of sca. lc and other cost sa,Angs, and to reduce the costs of pro','idi.ng health care services in Brow~d County, the Collier Authority desires to assist the I.nterloca/Borrower by is,ming the Bonds; and Whereas, in order to accomplish the purposes ofthe Act, the Browm-d Authority has been requested to enter into an Interlocal Agreement (the "Interlocal Agreement") wi'th the Collier Authority to pro','ide for the issua.m:e by the ColLier Authoriry of its Bonds for the benefit of the rmteriocal Borro~,'er, and V,~erea_s, Sec'don 147(0 ofthe Internal Revenue Code of 1986, as amended (the "Code"), pro'dales that the e2ected legislative body of'the governmental un. it which has jurisdic-tion over the area Ln which the facility, financed with the proceeds of tax exempt bonds is located is to approve the issu~ce of such bonds after a public hearing; and Wherea.s, the Project is located in Bro~'ard County, Florida and the Boa.rd of County Commissioners o£Broward Courrty, Florida (the "Board") is the elected legislative body of the County; and Whereas, the Interlocal Borrower caused notice of a public hearing to consider approval of the Bonds and the location and nature of the Project to be financed with the proceeds of thc Bonds to be published on or before September 23, 1998 in the Sun Sentinel, a newspaper of general circ'ulation in the Counp', and a copy of said notice is attached a.s Exhibit A (the ','Notice"); and Whereas, p~. I~, with such Notice as required by the Code and has submitted a copy of the minutes of such public hearing, together with ail written public comments which it received to the Board and has recommended to the Boa.rd that it approve the issuance of the Bonds in accordance with Section 147(0 of the Code; and WEereas, for the reasons set forth above, it appears to the Board that the approval of the issuance and sale of such Bonds a_s required by Section 147(0 of the Code is in the best interests of Broward County and the lmterlocal Borrower, Now, Therefore, Be It Resolved by the Board of County Commissioners of Broward County., Florida, that: Section 1. A,oproval of lssu~ce of the Bonds. Th.is Boa.rd hereby approves the issuance oft.he Bonds by The Colli~ Authority for the purposes deschbed in the Notice pursuant to Sec'don 147(0 of the Code. The Bonds sI',2.ll be i~ued in the ag. gregate prindpal amount, bern' interest at such rates, mature in .such mounts and be subject to such optional and mandatory O redemptions as are approved by the Collier Authorit-/without the further approval of Broward County. The Bonds shall not constitute a debt, liability or obligation of the Broward Authority, Broward County or the State of Florida or any political subdMsion thereof, but shall be payable solely fi.om the revenues provided therefor, and neither the faith ~d credit nor any taxing power of Broward County or the State of Florida or any pollt/cal subdivision thereof is pledged to the payment of the principal of, premium, ii,ny, a.qd interest on the Bonds. Section 2. Ratification of Acts. All of the acts and doings of the members, offidals. officers, agents and employees of Brown.rd Count5' which are in conformity with the intent and purposes of th/s Resolution. whether previously or subsequently taken or done, shall be and are ratified, confi, nmed ~d approved · Section 3. Severabili~y. Ifany section, paragraph., clause or prov/sion of this Resolution shall be held to be invalid or ineffective for any reason, the remainder oftkis Resolution shall continue in full force and effect, it being expressly hereby · the retool, haler of th. is Resolution would have been adopted despite the invalidity or ineffectiveness of such se~ion, paragraph, clause or provision. ',i.~ Section 4. Effective Date· TI'tis Resolution shall take effect immediately upon its : adoption, Md ~y provisions of any previous resolutions in conflict with the provisions hereof are hereby superseded. AGENDA ITEM No. ~C~J-19-1998 17:~5 Thc forcgoin$ resolution was offered by Corru'~ssioncrc, urrzburzez , who moved its adoption. The motion was seconded by Cor~rfissioner~.ieb~-.~n a~d upon being put to a vote, the vote wa.s - Commissigner Vote unanimous The Chair thereupon declared the resolution dui)' passed and adopted tkis ..~ """~'ay of ,"-,/-~'~' 1998. BR. OWA.IKD COUI~q'Y, FLOR/DA BY i: '.., ITS BOARD OF COUNTY C O,~,O, fl S SIONE_RS .. ......... .,' .~' ." %? % LERK ~ 0: CC:EATED '. ~: .._ -;% °%' ; · . ..,rD ..... · % ....... O' By Ap'proved by Cou. aty Attorn~ as to form and Ie.~al su~dency. AGEND~ ITEM b ;'3 0 1 19S8 · STATE OF FLORIDA ) SS COL~N%-f OF BRCW~F.D ) i, ROGER J. DESJAP~IS,Coun[y Adminlssratcr, in and for Broward County0 Florida, and Ex-Officio Clerk of the Board of County Commissioners cf said Cour. ty, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of Resolution Number 1996-i!00 as the same aupears cf record in the minutes cf meeting cf said Board of County Commissioners held on the 3rd day of November 1993. Z>; WiTN~£S ~REOF, i have hereunto set my hand and official seal this 9th day of ~;over~er 1998. ROGER J. EESJA~LAiS CO~;TY A~r<iNISTRATOR EXECUTIVE SUMMARy RECOMMENDATION TO ADOPT AN ORDINANCE AMENDING ORDINANCE NO. 92-60 RELATING TO THE LEVY OF A 2% TOURIST DEVELOPMENT TAX .AND AN ADDITIONAL 1% TAX THROUGHOUT COLLIER COUNTY PURSUANT TO THE LOCAL OPTION TOURIST DEVELOPMENT ACT, SECTION 125 0104 FLORIDA STATUTES, PROVIDING FOR AMENDbfENT TO SECTION THREE CONCERNING THE USE OF TAX REVENUES TO EXPAND CATEGORY A TO INCLUDE SHORELINE PROTECTION, ENHANCEMENT, CLEAN-UP OR RESTORATION OF INLAND LAKES AND RIVERS TO WHICH THERE IS PUBLIC ACCESS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Q. BJ~C3_LY~: That thc Board of Count}' Commissioners adopt an Ordinance amending Ordinance No. 92-60, as amended. : CONSIDERATIONS: The Board of County Commissioners enacted Ordinance No. 92-60, as ,~ amended, to impose a Tourist Development Tax throughout Collier County for the purposes · ' permitted in Section 125.0104, Florida Statutes, as amended. At a recent meeting, the Board of County Commissioners directed the County Attorney's Office to amend said Ordinance to expand the uses of funds under Category A to include shoreline protection, enhancement, clean- up or restoration of inland lakes and rivers to which there is public access. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners adopt the proposed Ordinance amending Ordinance No. 92-60, as amended. PREPARED BY: Heidi F. Ashton, Assistant County Attorney Date REVIEWED BY: avid C Weigel, Count20~ttorney AGENDA ITEM No._ t'7 ( h:/hg',hfa'.ex l~ummaryLAmend Revised Tourist Tax Ord. Ot' II-9-98 -- DF.C 01 t9 18 I 5 AN ORDINANCE A~fEND ING ORDINANCE NO. 92-60 6 RELATING TO THE LEVY OF A 2% TOURIST 7 DEVELOPMENT TAX AND AN ADDITIONAL 1% TAX ~ THROUGHOUT COLLIER COUNTY PURSUANT TO THE 9 LOCAL OPTION TOURIST DEVELOPMENT ACT, SECTION I~ 125 . 0104 , FLORIDA STATUTES , PROVIDING FOR I~ APrJEt~DM~NT TO SECTION THREE CONCERNING THE USE 12 OF TAX REVEIUo'E S TO EXPAND CATEGORY A TO 13 INCLUDE SHORELINE PROTECTION, EN HANCXtqENT I~' CLEIQUJP OR RESTORATION OF INLAND LAKES A~D I.~ RIVERS TO W}{ IC}! THERE IS PUBLIC ACCESS; 16 PROVIDING FOR CONFLICT AND SEVERABILITY; 17 PROVIDING FOR INCLUSION IN CODE OF LAWS AND 18 ORDINA/;CES; A}rD PROVIDING FOR AN EFFECTIVE 19 DATE. ,.~' ',';i{E.~ EA?, ~.e~t: ;:." '.z5 ~ .... ' ' 94, F!or, ~,'~ ~,atutese' pr¢'.'i~es .~or the 23 i,;'.",' cf a i-.-.~i q..'.t:~.-, tc'_:r:f~t de'.'elc~.ment t~x ?y ar.}, tour, fy; 24 W::r::':'~- '','- .2sari of ~ ...... ~'--:sslc-.=-s ~r,a~t~ 9rdlr, a?,ce ...... ;~-t~, ;.'r. iCh 1,5'."o~ ..... a--~ ir,-$£,~d. .......... a '~"-~t a~.-~ ~-~-..~:~--o: ..... :% t .... · ~.._~ .,, ?'lift:ia St?,%'.;te$, as ar._.-.aeu, and ~c ....... '~''''-~ ,D~'.'icuslY-. ~9 92-:7'~ and 92-294, Laws cf Florida, ~ .... . - _,,a~.~e~ by the Leclslature at 31 ;':H'E~ EA£, the Bsard of County Co~=.iss icners of Coi~ ~er " 32 3:'.:n%y, by ar. extrasr~-inary vote, desires to amend the uses of : 33 tat revenue and %%;rlst development plan; amc 14 " ........ · .............. the 35 C'.li:er C('unty 7cur:,sl Development Council. 36 ::C.:':, -;lr:.-~--:.-... ........, _..='- IT ORDAINED ~,=v ~.-,.._ .... =C.A.~" cF CO'/Iii':' 37 C;Mi-:i£Si%I;ER3 OF CTLLiE~. CC, U::'.'Y, FI.CPit, A that: ..... , ........ ~ ....... Jo Sec:ion Three cf Collier County 39 Ordinance U,3. 92-60. 4r) Sec'.i.cn Three is hereby amende~ %c rea~] as follows: ~1 CETTiON THPEE: USE CF .... ~--'~ .... 42 A. The ~a:< rever, ues received pursuar, u to this Ordinance and 43 the t3u::~% 'ax revenues previously cc!lected from l;over~ber 990 , ~4 ts U:','erbor 197~ pursu~r,% to Ordlnan._ No. 90-43 ~ shall be us, to AGENDA No._ I fund the Collier County Tourist Development Plan, which ]s hereby 2 adoS%ed as follows: 4 TOURIST DEVELOPMEI:T PLAN ~ The two ~rc~t. _ _ . ~2%) touris~ develo~men~ ~az shall be levied 6 throughout Collier County beginning the first day of the second . ~c~..c approval of ~his Ordinance by referendum. The 8 %az dis%rict shall ir. clude the entire geographic area of Collier '' . ..... a ...... ~_d revenue for a two pe.cent (2%) ' ~"_~cr_n%. tax a.. Collier County o';er a ...... by-four ~24) mcr, th period is Seven ~.:i! 1 ion Dollars 12 ($7,0n5,050 00), less cc:ts cf ~-~ ~ ~ It The ~ '~' ''/ ~o ...... lopmer, t tax ~,~l,.cnal cae F.e:-cen% (1%) .... ~St d~'~ .................. v ..... , -.. The tax ]7 County, IS i. The categories of use o: the two percent (2{~ tax - sp ...... u"c=n~t. - ~-. cr special use are hereby l~sted 20 the or,er of priority and include the approximate cos% or ezpense "~' , ...... . ......... each project 24 CATE~OP'f A - 7o finance beach ~ .m~.o.e.,e,~, maintenance, 25 rer, ourishmen~, restoration and erosion con,roi, 26 including pass- and ..~ct. r. aln:cnanc<~ shoreline 27 srotect!or~, entrancement, cleanup or restoration of 2~ :nland lakes and rivers to which there is public 29 access as these uses relate to the physical 3o preservation of the beach, shoreline or in]and 3] lake or river. 32 33 Approximate cost Percentage of 34 or expense ai!ocat~cr. Net revenue 35 36 $4,200,000 60%, reduced by the amount 37 required for Category D. 39 CATEGOR'f B - To promote and advertise county tourism within the 4fl State of Florida, nationally and internationally, 41 which encourages tourism with an emphasis on 42 off-season visitors to Collier Count , Th~ 43 guidelines for Category B funding are at,.ache~~lTEM 44 Exhibit "A" and incorporated herein. NO. 46 0 i 1998 Pg. I Approximate cost Percentage of 2 cr expense allocation Net revenue 4 $2,310,000 40% 6 The percentage of net revenue within Category B shall be further 7 specifically allocated as follows: 9 la) For tourism advertising and direct marketing - lO 11 $1,750,000 25% 13 2b) For !coal projects and/or activities which promote tourism - 15 $:'~,~v,00O to At least 8%, but up to .75% 16 $I,050,09C depending on amount 17 budgeted by the Board of I~ County Commissioners for 19 Category C. ~0 21 CATEG~PY C - Tc acquire, construct, extend, enlarge, remodel, 22 repair, improve, mainta~n, operate or promote one 23 or more County owned museums or museums that are 24 ' ' o~n_., and operated by no~ for profit organizations 25 anti open tc the public. 26 ..:,~ .........= ..... t Percentage of 28 or ex~nse allocation i:et revenue 29 30 $0 to $490,C06 A~ount budgeted for this 31 Category by the Board of 32 County Co~,issioners each 33 fiscal ,year, but no~ to 34 exceed 7%. This amount may 3~ be amended upwardly or 36 downwardly prospectively 37 from the date of the budget 38 amendment approval, provided 39 that the amount of the ~" 40 aggregate allocation per 4l fiscal year budget amendment 42 does not exceed 7% of the 43 ne= revenue. 44 4~ CATEGOP. Y D - To acquire, construct, extend, enlarge, remodel, 46 repair, improve, maintain, operate or promote one or more fishing 47 piers which are publicly owned and operated. ~9 Approximate cost Pe~-ta~e of 50 or expense Net revenue 52 $0 to $200,000 Amount budgeted for this 53 Category by the Board of 54 County Com~,issioners each 55 fiscal year, but not %o 56 exceed $200,000. This amount 57 may be amended upwardly or ~ downwardly prospectively "' 59 from the date of the budEet AGENDA ITE~ 60 amendment approval, provJ ~ed NO. 3- ..... ,., ..... 0 I I998 Words ~derlincd are ~dded; ~ords .......... ~h are delclcd. .g. I that the amount of the 2 aggregate allocation per 3 fiscal year does not exceed 4 ~0O, 000. 6 ;: ~s the ~n~en~ of ~his Ordinance :ha~ ~he above uses shall be 7 funde~ separately, bu~ simultaneously in the above percentages 8 regardless of the actual amount of ne~ revenues collected. 9 rj~on. ~xo~raticn- .. - of the additional 1% tourist development tax t0 as described in this plan, the Tourist Deve!cpment Council may II r~C'~..,~,.s ~. the Board of County Commissioners %o review the funding 12 aiioca:ions at five year intervals. 13 2, The additional one percent (1%) [ax revenues collected 14 ~¢rs'Jar. t to .~_~.~ Two (F) shai~ ke used to finance beach 15 :rr,:o',,,.-¢... . .... ' , rra.r, ten,ur, cr:, renourishrr, en%, restoration and erosion 17 .(?7_:.2.[fit~fcn of :r,!ar, d lakes and rivers to whlrh there is public ......... ~.,,s.~. oreser','ation of the 19 ~(f~A;~q Chcre!ine cr inland lake or river. 20 3. The revenues tc be derived from %he tourist developmen% 21 tax may be p!edTed to secure and liqu;date revenue bonds in ....... = .... e ..... cf Section 104, 23 Et~%u-~ c..-~ -~"~2"~ bonds and rever, ue r~: · ..... ............ ..undlnz bonds may be 24 8'Jthsrl zed and issued in suck print:pal amounts, with such 25 interest fa:es a~,.~ maturity dates, and subject to suck o~he. 26 terr.~, cc. hall%ions and covenants as the co*'~--'n= ~ -~ · . ~oa.¢ cf CoL~ler ~ .... y shai! ~r:.'.'~de, Th'~,,~ paracra~. , ,, Shall b~ full and compl~_ _ 28 ~uthorit/ .or acccmpllshlng such purposes, but suck authority 29 skali De susD!er:enta! and additicna! to, and not in derogation 30 cf, any p~'~'er~ now ¢. ~ ....... fe tee ...c_. law. ' ~ event ' 31 ',. in t,,_ bonds are issued~:~" Col l~-.. Coun%y for any 32 o¢ %he p..s~s_s enumerated by the Tourist Development Plan, the 33 arour, t cf tourist development tax receipts used to pay debt 34 service on such k, cnds may exceed the percentages provided for the 35 purpose for which such bonds were issued; provided, however, the 36 maximum annual debt service on such bonds, together with 37 o.h.r~ ¢ ob!igaLions of Collier County which were issued %o fin nce so.AGENDA 38 ir,~rovemen% s for ~ [,~. same purpose and which are secured by the 4. 55C O 1 {998 Word, underlined arc ~dcd: words ~.k c%r~¢h arc I tc'~'r.'s~ development tax, must not exceed the' stated percentage of 2 ~curis', development tax receipts provided in %he Tourist 3 Deve!opmen~ Plan for such purposes, as calculated as of the date 4 cf sale cf ~uch bonds. For purposes of performing the f calculations described in this paragraph, the amount of tourist 6 development tax receip%s shall be assumed %o be the amount 7 provided as such in Ccliier County's i~mediatety preceding annual 8 au~l%, pi'cs, if %he levy of such tax was ir~posed or increased 9 subsequent. %o %~._ beginning, of '~,,. period which was audited, an lO at, cunt eGual %0 %he estimate by the County Manager of the moneys 1] %he County would have received if the tax imposition or increase ~2 ha~ bee:, ~n ~f~"'-. ._. du-in-. . ~ the entire audit period. At or prior 13 ~c ~he iasuance cf bonds, the Coun=y Hanager shall provide a ]4 cer~[flcate as ~c the f~ndlngs required in this paragraph, which I~ cer~:'ica-~. .. shall be ccn.lu~,.e, " '~'" as to all r. atters provided 16 therein. . ._ a .... foreccing. Tourist, D~.,e.~" ~--~-- ....... Plan may not - -= '~=~ ~" ordinance =-a~=~ by an ~9 affirr, az:'.'e '.'oz.-_ c~. a ns]ority ...~us one adfltionai member of the 20 5card of Csunty Cor. r. issicners. 21 EECTi~:: -uD~. ~C':r ....... L SEVEP~.BILiTY 22 in %he event this crffinance conflicts with any other 23 crdir, ance cf Collier County or other applicable law, the more 24 reset: ct :'.'e shall apply. If any phrase or portion of this .,~..-= ~s held invalid or unconsci%u=ional by any court of 26 ccm~ete~,t Jurisdic%icn, such pcr=ion shall be deemed a separate, 27 dis%inc%, &nd independen% provision and such holding shall not 28 affec% the '.'511d[ty cf the remaining portion. 29 SECTION FOUR: INCLUSION IN THE CODE OF LAWS AND ORDINANCES 30 The provisions of this Ordinance shall become and be made a part of 3] the Code cf La~:s and Ordinances cf Collier County, Florida. The 32 sectlons of the Ordinances may be renumbered or relettered to 33 acccr, pl ish ,~ su .... and ~he word "ordinance may be changed to 34 "section", "ar~i~. , or any othe~ appropriate word 35 SECTIOH FIVE: EFFECTIVE DATE. AGENDA ITEM 37 Secretary of State. Words ~ arc added; ~'ord~ ~:=k ~h:cu~k are dct~ted. pg.-- : ! PASSED AND DULY ADOPTED by a vote of a majority plus one of 2 the Board of County Co,'~misstoners of Collier County, Florida, this :~.~,.. 3 day of , , 1998. 5 ATTEST: BOARD OF COUNTY COI4MISSIOI~ERS 6 D',':IGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA 5ARBAP~. B. BERRY, Chairman 12 ~ ':~:f= - 13 Approved as ~o form and ?~ ~' ]4 legal sufficiency: I~ .... , 18 Held~ F. A,~ht~n ,, AGENDA iTEM No. ' ' Wordi ~ arc added; words ~c~ dclc~cd.