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Agenda 10/20/1998 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, October 20, 1998 9:00 a.m. NOTICE: ALt, PERSON.~ WISIIlNG TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKIN(;. SI'EAKERS MI;ST RE(;IS'I ER '~ I'I'11 TIlE (/OUNTY ADMINISTRATOR PRI()R TO ltlE PRESENT.'~TION OF TIlE A(;ENDA ITEM TO lie ADDRESSED. REQUESTS TO ADI)REg.% TIlE BOARD ON SUB,IECTS WItlCtl ARE NOT ON Tills AGENDA MUST BE SUBMITTEI} IN XYR I'I'IN(, ~'l'III EXPI.ANATION TO ]'lie COUNTY ADMINISTRATOR AT I.[ ~$l 13 DAYS PRIOR TO IIIE DATE OF TIlE MEETING AND WILL BE ItEARD UNDER"PLBI I('PE'[ITIONS". ANY PERSON WllO DE(IDES TO APPEAl. A DECISION OF Tills BOARD WILL NEED A RECORD OF TIlE PROCEEDINGS PERTAINING THERETO, AND TIIEREFORE MAY NEED TO ENSURE TIIAT A VERBATIM RECORD OF'DIE PROCEEDINGS IS MADE, WIIIC}t RECORD INCLUDES TIlE TESTIMONY AND EVIDENCE UPON x, Vtl[Cl[ Tile APPEAL IS TO BE BASED. ALI. REGISTERED PI:BI.lC SPEAKERS %'II.L lie I.IMITED TO FIVE (5) MINUTES UNI.ESS PERMISSION FOR ADD1TIONAI.-IIME IS (;RANTED BYTItE C}IAIR,MAN. ASSISTED LISTENING I)}VICES FOR TIlE IIEARING IMPAIRED ARE AVAIl. ABLE IN TIlE COUNTY COMMIS.qIONERS' OFFICE. LUNCt{ RECESSSCIIEDUI. ED FOR 12:00 NOON TO I:00P. M. !. INVOCATION - Rt'~ trend Dr. l,cs ¥,'icker, Naples ['nitcd Church tff Christ 2. PLEDGE OFAI.I.EI;IANCE 3. APPROVAl. ()F A(; EN D,,~.S A. APPROVAl. OF CONSENT AGENI)A. B. APPRO",'AI. OF SUMMARY AGENDA. C. APPROVALOF REGULAR AGENDA. 4. APPROVAL OF MINt;TES A. September 28, 1998 - Value Adjn~tmcnl lh}ard. 5. PROCLAMATIONS ANI) SERVICE ..\V,'ARI).q A. PROCLAMATIONS 1 Oc~obcr 2~. 1998 10. 11 Proclamation proclaiming the week of October 23 through October 31, 1998 as Red Ribbon Week. To bc accepted by BobTrocsch, CalholicCharitlesof Collier County. 2) Proclamatinn proclaiming the week of Octoher 25-31, 1998 as 150th Anniversar?' of the Women's Rights Movement Week. To be accepted by Chris Straton, President of A.A.U.W. 3) Proclamation proclaiming October 2ll, 1998 as RSVP of Collier Count)' Rcco~,nition Da)'. Tt~ be accepted b3 Belt)' Stupor, RSVP Project Director. B. SERVICE AWARDS I) Rand5' Ducharme, Stormv~atcr - 5 Years C. PRESENTATIONS APPROVAl, OF CI,ERK'S REPORT A. ANALYSIS. OF CltANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS COUNTY ADMINISTRATOR'S REPORT A. COM.MUNITY DEVEI.OPMENT& ENVIRONMENTAL SERVICES 11 Pelilion No. C-98-6, Our Lad.,, of Guadalupe Catholic Church, requesting a permit It} conduct a carnival from No~cml}cr 25 through November 29, 1998 on their church grounds located at 219 Soulh 9°' Street in lmmokalcc. 2) Determination of Emcr~cnc) Medical Scm'ices impact fees to l)e paid by the Cleveland Clinic. B. PUBLIC WORKS C. PUBI. IC SERVICES D. SUPPORT SERVICES E. COUNTY ADMINISTRATOR F. AIRPORT .~UTIIORITY COUNIY ATTORNEY'S REPORT A. Furlhcr proceedings in thc cam of Stirns v. Collier CounO', Case No. 98-2288-CA, · ~'hereinStirnschallengesthcCount)'sdcnialofasoc~alclubconditionalu-~in arural agricultural zoned dislricl, as ordered by Judge Ted Brousscau in Ihe above-styled cause pursuant to Rule 9.600(b), Florida Rules of Appellate Procedure. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Ilispanic Affairs Advisor? Board. October 20. 19'18 11. OTItER ITEblS A. OTIIER CONSTITUTIONAL OFFICERS B. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC ilEARINGS WIlA. lie ttEARD IMMEDIATEI,Y FOLI.OWING STAFF ITEMS 12. 13. 14. 15. ADVERTISED PUBLIC ttEARINGS - BCC A. COblPREIIENSIVE PLAN AMENDMENTS B. ZONING AMENDblENTS C. OTllER BOARD OF ZONING APPEAI.S A. ADVERTISED PUBLIC tlEARINGS B. OTIIER STAFF'S COMMUNICATIONS BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 16, CONSENT AGENDA - All malters listed under this item are considered to be rout/ne and action v, ill be taken by one motion without separate discussion of each item. If discussion is desired b) a member of the Board, that item(s) 'aill be removed from the Consent Agenda and considered scparatel.~. Xo COMMUNITY DEVELOPMENT& ENVIRONblENTALSERVICES 1) Petition ",'AC 98-024 IO disclaim, renounce a;~d vacate the public's interest in a 211' ~ide parcel of land con~e)ed to Collier Counly as an access and mainlenance easement, recorded in Of Iicial Record Book 1889, Pages 2393 and 2394 and being Icx'ated in Section l, 'l'ovYnship 50 Soulh, Range 25 East, Collier County, Florida 2) Pclition VAC 984120 to disclaim, renounce and vacate the County's and the public's interesl in a porlion of a 10' ~ide parcel of land conveyed to Collier County as a utility ea~ment, recorded in Official Record Book 1297, Pages 1161 through 1164, Public Records of Collier Counts', Florida, and being located in the Courlhousc Shadows Shopping Center in Section 12, Township 50 South. Range 25 East, Collier Count)'. Florida. 3) Request to accept a fair share contribution for road construction as required by a dedication and apltroval of a satisfaction of the dedication condition. 4) Request to approve for recording thc final plat of Guilford Acres. 3 October 2O. 1998 Ko 5) Rcqucsl to I~rant final aC¢Clilance of thc road~vay, drainage, ~'alcr and ~'cr improvcmcnt,s for thc final plat of 'Silver Lakes Phase 6) Rcquesl lo approve for rccordintz, lhe final plal of Pelican Slrand Replat 5, and approval of Ihe pcrfl~rmancc escr~m' security agreement. 7) Rcquesl lo acccpl a cnn,siruclion, mainlcnance and escrow' agreemenl in exchange for a letter of credit for Pelican Slrand. PUBLIC ~ORKS I) Approve a Subordination Agreement between Collier Count)' anti thc Stale of Florida Department of Transportation. 2) Approve con,structi,n cnginccrin~ and inspection sen'ices h.v llole, Montes and A,s,sociale,s, Inc. for Ibc Airport-Pulling Road hrid~e project at junctinn Immokalcc Road. 3) t'ctilion for thc llunlcrs Ruad t'a~ing Assessment Dislricl Municipal Sen'ice Benefit Unit (blSB L;) in Sccti.n 6, 'l'o~ nshil~ 49 South, Range 26 East, Collier (',unb. Florida. 4) Pctiti,n TM 96-18 r,r nci~hl)orh(md Iraffic mana,tlcmcnt to traffic calm that p,rti,n of Si. Andrc,~s Boulevard from the vicinity of Forest llills Boulevard nor'thcrl.~ to the vicinily of Rattlesnake tiammock Road. Rec.l~nize, approve and appropriate a portion of carry lo,yard from Fund 136 thc complctinn of landscupe con,struction on CR 951 (Prn.iect 69116). 6] Al)prove SUlqflcmcnlal Al2rccmcnt No. 5 ~s ilh tlole, Monies and A,ssociate,s, Inc. f.r thc lmm,kalee R~ :ul Six l,anc Iml)rovcmcnt Projccl No. 691t~1~ CIE No. ?) A l{ud~t't Amcndnlenl rec.~ni/inll rc~cnu¢ to be received from WC! in Fiscal Ye:ir 1999 and apprOl)rialing rescr-,es in the Fi,sc:il Year 1999 Clam Rest,ration Fund. Pt;BI.lC SERVICES SUPPORT .qERVICES 1) Altrt'cmcnt approval and adoption of Rc,solulion authorizing the execution and acceptance of sald Agreement I)ct-ecn thc Department of Community Afr.'des and Collier County re~ardin,~ monies axailahle in the Emcrgcnc) Management Preparedness and A,s,si~tance Tru,st Fund. 2) Al)l)rOval of a Resolution authorizint~ CXl)cndilurc of fund,s for the United Way Carol)alan Activities. COUNTY ADMINISTRATOR BOARD OF COUNTY COMMISSIONERS MISCELI.ANEOI;S CORRESPONDENCF. 4 Oclolycr 2(). 19')N 17. 18. H. I. J. 1) MISCELLANEOUS ITEMS TO FILE FOR RECORD WITtt ACTION AS DIRECTED. OTilER CONSTITUTIONAL OFFICERS COUNTY ATTORNEY AIRPORT AUTtiORITY SUMbfARY AGENDA - ALL ITEMS APPEARING tINDER Tills SECTION MUST MEET THE FOLLOWING CRITERIA: I) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIblOUSRECOMMENDATION FOR APPROVAL BY TIIE COLLIER COUNTY PLANNING COblMISSION OR OTtlER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO TIlE ITEM RECEIVED BY STAFF, TIlE COLLIER COUNTY PLANNING COMMISSION, OfltER AUTItORIZING AGENCIES OR TIlE BOARD, PRIOR TO Tile COMMENCEMEN'F OF Tile BC MEETING ON WltICll Tile ITEMS ARE SCtlEDULED TO BE IIEARD: AND 4) NO INDIVIDUALS AR[; REGISTERED TO SPEAK IN OPPOSITION TO Tile ITEM. ADJOURN I~iQUIRIES CONCERNING CHANGES TO TltE BOARD'S AGENDA SIIOULD BE MADE FO TIlE COl. F'~ ADMINISTRATOR'S OFFICE AT 774-8383. 5 Oclobcr 20. 1998, AGENDA CHANGES BOA RD OF COUNTY COMMISSIONEILC;' MEETING ..O. CTOBER 20, 1998 ADD: ITEM lO(B) - APPROVAL OF COUNTY ATTO&¥EY CONTRACT. (COMMISSIONER BERRY). CONTINUE TO 1I/3 MEETING- ITEM 8(A)(2) - DETERMINATION OF EMERGENCY MEDICAL SERVICES IMPACT FEES TO BE PAID BY THE CLEVELAND CLINIC (STAFF'S REQ UES T). MOVE: ITEM 16(B)(3) TO 8(B)(I) - PETITION FOR THE HUNTERS ROAD PA VING ASSE,~MENT DISTRICT MSBU. (STAFF'S REQUEST). ,~TA FF COMMUNICATIONS: 1. UPDATE ON NEGOTIATIONS WITtt THE GOLDEN GATE FIRE AND RESCUE CONTROL DL~TRIC'T REGARDING THE COLLIER CO(JNTY FIRE DISTRICT SER VICE CONTRACT. (SUPPORT SERVICES). PROCLAA4A T_TON I WHEREAS, a/coho/, tobacco, and other dru9 abuse has dech'ned over the last two decades thanks to steadfast prevention and i'ntervent/on efforts, it still remains prevalent in every/Z/om'da community regardless of size and location; and WHEREAS, with the reduction of prevention resource programs and commum'ty based efforts are asked to do more with/ess: and WHEREAS, WHEREAS, substance abuse ik the most common risk factor impactin9 the behaw'oral and phy$ical health particularly for our youn~ people: and families face unprecedented pressures and stress imposed upon them by the overwhe/min9 nature of today's society,' and WHEREAS, use o f a/coho/, tobacco and other dru throughout F/on'da in spite of prevention and intervention effort,' and esearch and da to reFlee~ un~ionably, tho t pre vennon works and that our ~o~ltme~t. to'edO~ppe]~tlon and positive /if~m/e$ WHEREAS, ~e,~e~?ibbon represents, the ~tlon~un/~fbrt to support p~e~i~n and bu)ld ~e~lthx~ WHEREAS, the'I998 F/on'da De~ Ribbon ce/~hdtlon askd~th~;?he citizens of ~Jomd~ to become mo ti va ted ~nd I~OJved t~ oJcoAo] and other dru~ ~OW ~HEREFOR~ be it proclaimed ~ the goacd of Count?.~ommt~swne~s of Collier 9un~, F/om'da, ti,at the week o~:'~t~°~'23 through E ~KE ~: ara y '" ' ~'.'~ Z a~d encourage eve~ F)~/d/a'~'to wea~ a ~ed n'bbon to ~mboh~e ou~ commitment to e~tab/l~hl~ healthy and safe communitl'es for our cl'tizen~ eypecia//~ our chi'/drew, and to participate ih event~ throughout th~ week that su~ort DONE AND ORDERED THIS 20th Day of October, 1998. BO/RD OF COUNT~ COMMISSIONERS COLLIER COUNTY, FLORIDA A TTE$ T., DW_TGHT E. ~ROCK, CLERK AGENDA ITEM No.~ / 0 C T 2 0 1998 Pg._ / PROCLAtAA 7ION WHEREAS, 1998 wt'//mark the 150~ Anniversam/ of the Women'~ R/$hts A4o yemen t in the United Sta re_r; a bold and coura2eau$ c/w7 rich ts movement that began/'n 1848 in Seneca Falls, A/ew York, at the £/~st Wom en'~ Righ ts Con ven t/bn; and WHEREAS, the Declaration of Sentiments/~$ued by that Convention represents a work as fundamental to our nat/on'~ commitment to h'berty and personal freedom as does our Dec/oration of Independence: and WHEREAS, the declaration launched a movement that has changed this nation and the hopes of its women irrevocably; and WHEREAS, the resu/t/n9 Women'~ R/~h ts A4o yemen t has had a pro found and undembb/e impact on aH aspects of American h'fe, and has opened new opportunities for women in all fie/ds of endeavor; and ...~,.,',;, ;,,'"rtT.~r, ...~.' :.~ naho,~. .L'/2fe and.t.~¢ benefits ¢~j ~uyt.~re~/~, fuZZ and egua/ .,. , ,,; ";' "...i . WHEREAS. the. p/om/se of ,vet i'D be fu/f;¢/~ , '..,., ':-', '. , . ,, . ~?'t?.t l£1t7715b'loners or .., . ,. ~ ,.; ~ . ~'~.?.~ .,'..'. ,,,, ... DONE AND ORDERED TH, rS 20r~'~ay'o£ O~tober, BOARD OF COUNTY CO/HtAISS£OAIER$ COLLIER COUIVT~, FLORIDA A TTE5 T: BARBARA B. BERRY, CHAZRMAN DWIGHT E. BROCK, CLERK AGENDA ITEM- A. OCT 2 0 199 WHEREAS, WHEREAS, WHEREAS, P~ROCLAA4A TIO^! the Retired and 5em'or Volunteer proRram of Co/h'er County received arrant from the Corporation for hJationa/ Service with local sponsorship provided by the Board of County Commissioners of Collier County to administer o pro~ram that provides the senior citizens of Collier County the opportunity to put their ski/Is and h'fe experience to work for our communities; and RSVP afC oilier County has 950 volunteers that donate over I00,000 hours of service each year to various agencies in Collier County: and the Re t/red and Sen/or Volunteer Program received the 1998 ~ C Penney Go/den Rule Award for exceptional volunteer serw'ce to our community., and the Re tired and 5em'or Volunteer Pro~ram was honored os one of the 1998 OutstandinR ?artner'~ It~ Education by the ~o/h~r ~ounW Education Faundation,.~ and .~. . , ... had :'the' subje}t af'a-: /a,ao produced nnd serve as the recruitment tool for th} 8~ R~t/~ed and Sen,ar o/unteer Pro, rams throughout the United St~t~,. and WHEREA~, ;t i$ fitt~hg and proper to bring specxb/ recogn/tio~ to th~k outstond~h9 ~roup of volunteers dur~h9 0c tober~ ~ttbna/ RS VP t~onth. ~OW THE~EFOQ~ be it proc/a~ed by the ~o~rdbf CounW Comm,~s,bners of Lb/h~r Count, Florida; thd~"OCtob'~r 20th be des~nated as RsvP of coL~ cou~ RECO~ZTZO~ DAY DOME AMD ORDERED THXS 20th Day of October, I998. BOARD OF COUNTY COAdAdISS£OA/ER5 COLLIER COUNTY, FLORIDA A TT~C5 T: D~4XIGHT~. $ROC~ CLERK OCT 20 1998 / EXECUTIVE SUMMARY PETITION NO. C-98-6, OUR LADY OF GUADALUPE CATHOLIC CHURCtt, REQUESTING A PERMIT TO CONDUCT A CARNIVAL FROM NOVEMBER 25 TtIROUGII NOVEMBER 29, 1998 ON THEIR CHURCH GROUNDS LOCATED AT 219 SOUIH 9'm STREET IN IMMOKALEE. OBJECTIVE: For the Board of County Commissioners to issue a permit to Our Lady of Guadalupe Catholic Church to conduct a carnival from November 25 through November 29, 1998 on their church grounds located at 219 South 9'h Street in Immokalee. C..O. NSIDERATI..ON: Our Lady of Guadalupe Catholic Church has made application to the Board of County Commissioners For a permit to conduct a circus. Our Lady of'Guadalupe Catholic Church has [)resented sufficient evidence that all the critelia has been met for the issuance ora circus permit with the except/on of those provided for wit}fin their request for waiver of'the surety bond However staff believes waiver of'the surety bond is appropriate since the church has employees to restore the site back to the original condition FISCAL I.MPACT A non-refundable S20000 permit application fee to cover the cost of processing and required inspections has been paid to the County (fund 113-138900-341220) Since the church has contracted employees, the County holds no liability GROWTIISIANAGE.XlENTiMPACT None RECOMM EN[)Aq=tON T -= - ~ ' -: _ · hat thc Boarc oFCountv Commissioner approve the request for er ' ? . ~ · ~ , . s a p mil to condw,:t a c~rct~: and waive the surety bond the church employees will be responsible for c ean up to reslore the fi,itc back to the ~Vi'~inal condition PREPARED BS': CURRENT PLANNING MANAGER REVIEWED BY: .-~_-_~" /~R ~-~F_~~ Date: ],]~,}r,N'.<,'ING SER\,'ICES DIRECTOP, APPROVED BY:~~. ~'.. ~ Date: /'~'"'//-~D-~2 VINCENT A. ~AUTERC~i' AICPT' ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES .rEp.:.:;? Fg?. CAR:::VAL ~. · - -~urch has mace '4H57£.;..2, %Jr ;.a~y '~f Gua~alupe Ca:r.~ a.Lpli~.a%~on the 5oa~d cf county Cot.missioners cf Cai' /er ~[cr~da, fir a ~err,~% %o conduct a carnival cr exn~b~t~cr.; and ?;HEPEAS, Cur Lady of Guadalupe Catholic Church, has presentes ..... - ..... =- TO Our La!)' cf HEREBY :r.,. 3ua~a~'~e Cache' :c ........ - , ...... h Nover. ser 29, 1999, Ln accordance wich ~---~ Ln the petitlcr, e~'~ a~iicat~on :e~a:ed Scour, er, cs, a:ta?.e~ he:e~c and ~r.:$:~c:a:e~ he:e: Range 29 5asr, Collier county, WIT:;ESS m'f 'hand as Chai:r. ar. cf sa~ Dc. ard and c~ ~ay of ' ' ~.~,,-',' COMMi521 ....... BOARD OF ~ ATTEST: ~OL~ ~ COUNTY, DWIGF, T 5. BROCK, Clerk Approved as %0 For.-, ar,~ Legal 5ur f icier, cY: Assistant County Attorney AGE~'D ?~ OCT ? 0 998 NOTE Plea>e read reverse side before cornplctinu this Cop.'.' Zoning Director Cop.,." Petitioner Copy (2) County Nlanager CARNIVAL OPERATI()N PETITION PETITION NO C 9 8 - 6 ~'~ ,'79 DATE Ser, tember 1,5, 1908 PETITIONER'S NA*IE Our Lad,,' ofGuadatur)e Catholic Church PETITIONER'S ADDRESS _207 South cp, Street, Immokalee. Florida 34142 TELEPHONE' (q41~ 65%2666 or 657-0303 PROPERTYO\VNER'S N.-\NIE VilmarOrsolin. cs PROPERTYO\VNER'S ADDRESS 207 South CP' Street. lmmokalee. Florida 34142 TELEPHONE (941 ) 65'7-2666 or 657-63n3 LEGAL DESCRIPTION OF SI,'BJECTPROPERTY SI--.', NE: ;, of the SW' ;, of Section 4.1'ownship 4- South. Ranue20Eas:. ('olive: (~;~nrc Florida GENERAl. LOCATI()', i bl,~ck Soulil of Stale Ro,td D' ,m c~,,, %tree: in Immokalee Fl,,rida CURRENTZONIN(; R\IF-? CI,.'RRENT USE Ptaccoi'worshir NATL~E OF PETI'I'ION ~ '-~ · i.: Nest is hc:'ebv made for a permit from Collier Counlv lo hold our annua~ carnival tYom November 25 :hn, November 2c,. IOvS THE FOLLO\VIN(; iNFOR.\I.X,.TIO.",' IS INCLUDED IX '['l~tlS PETITION {FOf-;, EXPLAN.-\1-ION. 5Eli REVERSE SIDE 3 a YES 3,. 11 YES 3 c4) YES 3 eT) YES 3 b YES 3 c2t YES x eS~ YES 3 esl YES 3c \'ES ;c3) YES xc?~ 5'[:~ 3eO~ YES 3 d YES Ccmments / SIGNATURE ()F PETITIONER DATE RE\:IE\VED by Board of County Commissioners Approved Conditions of Approxal Disa.!2prc, ved SIGNATURE OF UOL'NT'f NI.-\NAGF. R OC? '; 0 1998 Section Section 3b Section 3e a b C.-\RNI \.-\L OP[{I,t, ATION I'ISTI'['ION Sei',tembcr I O. :\ stlretv 7, Orld :\pphcanl is requestim, z a waiver of the surety bond due to the annual carnival bein~ heht on the Churcl~ grounds E',idcnce of current public liability is herein attached to this petition fron~ both our ('hurci~ and ti~e Permit tuu o1'5£L,i_ ~,~ I'l'v,o ttundred dollars)is herein attached per check ']"t~l'.e Prc~c:l['" · . ,~;,'~.. Inc (~t'2o'~ ()r~cnt ~Va', Lvndhurst. Xc~ .lc[se', ,')7()~] pro~ ;dc i?.c carm', al "' ~ ,t,c~ azain :hi~ ~uar Our Lady ot'(madalupe ('athtdic (hurci: ' ,~ S~mih ';':' Strez't. lmmokalee. Florida 34142. ~ ill sponsor sa~d c:!rm', al X~ ti~c Bishop's rcprc>c~latix c. Rex Vilmar Ors(tim. c s. is soiel', } ()OD S[-K",,'D5 I_u:h[ i~r'emostlv Nlc,:ican dishes, hamburucrs, hot do25. 5Ot"i [>R:NK5 '.,.iii be ser','cd from t','.t~ ~ ', booth5 separated by Ibod slands . . -'X'"' il >,_fid er .-~,l.('()t~(~J IC BI: I:-.[~.-~GE~ ~i l)e alh.-,~,.d on the church urounds XlJ~Ct-t..X~ I('Ai RI[_)ES lb[ children and adults, since the avaiJabiJiiv of.,. r> t~ ~, :~!:n,,-~ i;~p,.,s~',i~lc :o kin,- x~Iuch specific rides *~ill be G.-Xx. II'.N ()l' SKIl [. ,,r chance x~;ll be the [}pc not prohibited hv Florida Stale .-¥"l'J \'1 FII:~ ( ;,.xes o'.'~k~,,~ ,,~ill !)c i:r'c,,.~ded I~,,. T five Prc~en~a~ion. lnc ',~ho v.~i[ pa:, (;a~nc~ rux b~ Our 1.ad~ Name> and Social %ecu[it', numbers o/'each person that ts responsible [hr a booth Since neither Nlr Tolkc nor I. Father Vilmar. will know ahead of time which pa~ttculur v. orker will be at the carnival. [ am unable to proxidc, at this time. their names nr N.,cial Security numbers Our parishioners are as K. itcher~ and Food Booths E.'~I I'I.OYE E OR NA.Xl E PA IRISItlONER SOC. SECURII"Y Gerardo .AI!'aro Church empio.', ee 449-$0-9292 Nat ividad .-\raja Parishioner 455-64-2495 ..X,d an Contrera., l)arisifiem,.r 403-55-65 ..\nastacit, (_ ontreras Parishioner -!0(I-05-43 ('}lo[u: ('ontrer'as I):,'i.,hmnc~ 203-64-49 Nor'ma ("tmi [era>, lh'u'ishicmcr 451-04-08 Svh'ia ('cml: eras l)ar~.,,inoncr 205-73-0 Natividad C, amcz Paristfioner 387'-42-2' )1 :4 (:CT ? 0 1998 9 10 Ii Kitchen :md Food Booths N..\.x I E Dahlia Garcia Salvador Garcia Anis (Sedeon Aurora } lernandez S. atur:~ino Hernandcz £'ala!ini: Lcchuua ,-\ Jq emio t.ozano ..\nd ru.~ ~lar:iuuz Benjarmn Xlar(tu~z Isabd ~larquez JoseA Xlarquez JnseXl 5.1arquez 5. crc:da Xldrqucz X~,r;: XI Xlar(lt~cx Rxci~cn Xlarquez Luc'. Or;:z ESII'I,OYEE OR PARIStlIONER lh~rishioncr Parishioner Church employee Parishioner Parishioner ('t',urch cmt)loycc ParisJlioncr Parishioner Parish~t)ner SOC. SECt'RIT'~ "6'~ 83-0t79 267-91-3047 594-3g-3280 460-.33-8391 400-33-9200 530-03-6239 ..... )_-vlSI 263-t5S-1167 534-84-4685 592-05-()86 l £60.n3.761 £60- '79- 7Ol'iu £0 l -I).I-5 155 20(~-')3-85"~ ' _6-,-..-8_. :' ~ 02.42-$033 26 l-aT-467a £03- 13-45 · 4'53 "" 581-80-0094 For a dc:cr~?i;,:n :~nd sketch of the silt.', set: nc'<t pzUc A water fountain is located in our parbh ha!!. {~nc [,t~tsidc thc SOUp Kitci~un and a,mthcr tn the Church k~e have e~ehr t~Jnctionlng toilet5 in diflUrcnt cimrch butict~ngs and we will rent eight (SI portable toilers lbr tt~c duration c,;' the carnival There are tbur (4) street lights in front of the church, eiuht IS) in the back and one I I lin the l~ont of the St,up Kitchen Power ~ill be su?piicd bra generator l'rt~m Tolve Presentations. Inc lbr their own rides P[ans~brgarbag~.debrisand seweragcdisimsa[isasfi>llox~s Since our restrooms are permanently installed, we tbresee no se~scrage problems in this area Thepo~ables~ii] sero'iced eve,'day The food concession booths will operate out of the "Soup Kitchen" and will enable us to use tho/SciliUcs Garba<c and debris will be taken by track to loca[landfilldaily Wehave3 dun~pstersand ~,,-3 ~ gallons garbage cans The cans be placed around ~he grounds Diamond Security has been contacted Jcs.~eP Xlorgan. Vice-President signed contract with Father Vilmar.Orsolin. cs ThisComract states that there wil] be five (5) armed. unitbrmed and cemified officers lbr security to our carnival Fire extinguishers are available on the prope~y lbr minor fires The carnix al si]ail be held i~omWcdnesdav. Noxember~ 1998throu-h Sunday, November29. 1998 -I'l'~e Hours of thc carni,, ai shall be from O 00 p m to II 0( .As a legal administrator of Our Lady ot'Guadalupe Catix>lic Church. I t~erebv . consem lbr the carnival to be held on the Church grounds [Yom November 25 tb November 29 CERTIFICATE OF INSURANCE ,PRODUCER Arthur J Gail~.cher & Co. ~.0 Box 02-5f~2 FL 33102-5283 :hone: (3,S5) 5g2-60&O THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE United National ,INSURED [:cu~NY Reliance National Indemnir! Ccmoar':' i OUR LADY CF GUADALUP£ CATHOLIC CHURCH B : ~ C ~ Diocese of Venice [ P.O. Box 2006 ,, Venice, FL 34284-2006 D iCOVERAGES ANY RE~UI~[MEHT, TE~M OR C~NDITION OF ANY CONTACT OR OTHER DCCUMENT~TH RESPECT T3 W~I~H EEISSIJE: CR MAY ~ERTA;f, T-E-,S~NCEA~FOR~EDBYTHEPOLIC:ESDESCRIBEDHE~NISSU~ECTTOALLT~E T[=VS ;CO ! LTR: T'¢PE CF I,NSU~,NCE LIMITS 4/1,98 4,'i.'gg BODILY INJURY AGO PROPERTY FtA?,~AGE 0C2 P~OPE~TY DAMAGE AGG BI & PS COMBINEC AGS Cci;. ~,":,d Coil Deductible S ~,0O0 4/i/98 4/i : E.XC ESS LIA B h..; T'Y ~) O~.IL Y fNJURY 80, r~lL Y fflJUR¥ PROPER~ DAMAGE PROPER~ DAMAGE S 1 ,SOO,gO0 :COMBINED ......................... ;~CH CCCgRR~NCE AGGREGATE ..................... A -- PARTNERS,'~ E 2~'TIVE ___ ' ~ OFFICERS ARE. 4/1;98 4/I/99 -,;/98 4/1/99 x STATtJ'TORY LIMITS DESCRIPTION OF CPERATiCNS,'LOCATICNS/'VENICLES/RESTRICTIONS,'S;:)ECIAL ITEMS RE; ANNUAL CA~'JI'/AL TO ~E r~E~D ON NOVEMBER 25 - 29. lc.~8. OUR LADY CF GUADALU~E CATWOL:C CHURCH 207 S. 9TH IMMOKALEE, CLCR',CA 3z'-:Z TIFICATE HOLDER SERVICES :r/IS;CH 2800 N. I'IAPLE S. F LC~4E:'A CANCELLATION SHOt~L.' -'-,NY OK THE ABOVE DESCRIBED POLIC:ES BE C,:NCELL=2 EE:C~E Tr~E , MAIL S~C~ NOT1C[ SMALL IMPOSE NO OBLIGATION CR}IAB;L[~, CE A',, ~ ',C UPON ACORD. .,c:vcE~ (210) 829-76-;4 S. Kaliff Tnsurance 12S0 NE. Loop 410 #365 San Antonio, TX 75217 CERTIFICATE OF LIABILITY INSURANCE FAX (210) 829-76S6 Attn: Peggy Schulz Ext: Third Generation, Inc./Tolve Presentations Steve Tolve 269 Orient Way Lyndhurst, N] 07071 08/21/1998 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE St. Paul Surplus Lines Ins. Co COVERAGES THIS IS TO CE&TIF'!THAT THE P,~L.C,:SCF NSURA~,'CE LISTEDBELGW HAVE .... I I,SUE., TO THE1NSUI~ED NAMED ABOVE FOR THE PCL;CYPE=:CC INQICAT5~. NG~ZdTHST4H~ING At y REC,jipEME~ t =E=M CP CCNGITIGN CF ~[~'¢ CCNT~CT 0~ OTHER DOCUMENT WITH RESPECT TO CE~TIF!CATE ~yBE;S3UED C= ~,~'f ~EAT;;H T~E U;SJPAtlCE AFFORDED Bf~E ~GLIC:ES DESC~IBED HERE!H IS SUBJECT TO ALL THE TE~M~ EXCLUS:CNSANDCCNDIT;CNS CF SUCHPCL~C:ES LIMITS ~MC'~'W~f~YHAVE BEEN REDUCED BY PAID C~IMS. GA~*C,E *,J'C S'.Lv · E; -'C2 RE'.' ~. E-'C~ -'CC-'--'.- [ ED(CE,SS LIA EIL:TY CT'E= '~'"'; J','E=ELL,-' : ::'.' EL EY'C,~ ,~CZ.:3Eh% EL 2:SE-~$E · E-' E',"cLCvE=- OTHE~ ~Ee-CRIPTiCN CF OPm'RATIONS,LSC.:,TIC~iS,'.,E.,iCLES/SpE-;AL iTEM~. DATES: 11/25/98 - 11/29/98 CERTIFICATE HOLDER OUR LADY OF GUADALUPE REV. VILLMAR ORSCLIN 297 SOUTH 9TH STREET I!4MOKALEE, FL 3~9~4 ACORD 25-~ CAr~..ELLATION SHCUL" H,NY CF THE ABCVE "ESCRIBED PCL:C:ES EE :ANCELt E_' F_(PlR~T;Chl CATE THERECF. ThE 'SSuING ~and~ .~. Mor',ham S%'= :eta.,7 of LC, 2E'31~ (.~e..', ',. ~''.) CERTiF,CATION OF 1NSU.=.ANCE Division :: Licen.sin..= Pcst O~c¢ Ecx 6687 (904) - . . .,. .s ..... ,.= caverace_,. ~e._~v. ,Nmt the bekw licensed un,er Chapter 4~, F!cdda Sta,,,e=, is ~, ,--'~" i~,.r=~ of ~' ..,=n ...... whic~ includes com;rehens}ve ceze'E', !iab;:?i c:varaae tcr deah, bcdii,/ imjur/, properly dam, ace, a~C c=s..~ 493 5 .... F!c~Sda nve.~,~ca~icns Inc. OgA: Diamond Investigations C[Gss "A". P~'¢a!e tm.'esscs:h/e Acencv L;c~r. se N~ .... =r. A C~z~s "E" c .... ' - ' , ....... / L~c~se X'u=:ser: E ., ..... e. ;, 12.I~ Ca~e Coral Parkway, Suite 203, Ci=e Coral, FL C20002153700 ~ April 25. 1999 Pst]cy Number ' , ~.~r¢..c., Date FRONTIER l,N~S, .... U ~.ANC= COMPANY .-300-836.-2 Name cfr 9:;00181 Tefes,-.cne Number cf ,. Fiicrida:Adc. rass of Ins::.~r, ca IR. VI NG MECHANIC ' Name cf l.qs~'ar, ca , t do swear ~}.th=, nformaticn .... ;~o~ . c., Ficric3 ' :"'-"'¢= HL:.mbe.' '*' ' PRESIDENT C..~m~e~n ~ ~nu.r COLLIER COUNTY OCCUPATIONAL LICENSE T,~,X " " ''" COLLIER COUHT'Y TAX COLLECTOR 2.~¢.,0 ;,~ HOrSEShOE DRIVE · hU~PLE$. FLORIOA 34104 · {E~41) 403-2477 .. ,_. ..... " .... '"" THISLICENSEEXPIRESSEPTEMBEB30,1c)"~-q c. ':?'-~' ;:.: : ', LOCATION: 2. 9TH TP. EET SOUTH ' IDISPLAY AT PLACE OF BUSINESS FOR PUBLJC INSPECT1ONI ZONED:, ', · ... ,.' ,. ;,. : . . .J . FAILURE TO DO IS CONTRARY TO LOCAL LAWS. LEGAL FORM .. PROFESSIONAL RE~, NO. EUS~NESS PHO~NE ..c-:' ',,-~hDIViDUAL [XX ) ": - '" ":'~':..' .:":".' :'. ' : '.~7-?~A~ ROOU COUgrr'. '.:,',':. :?. ?'; .;"-' " '--"'t;.~T TR~,re-¢';~.l~¢'~'~,'*;' ~:'. '~ ~!'~-"'?-?'~'" ',':' !'' ; ..... ~."'-::'-'?'.:-:'.-; :~"::::" ''. · .-, .-,:.-..,. . · ..... ,---~,¢:::;~,1.7.,.,,,-.~.~?~.;.~.-.,j¢::~-,----~-..-~:,..~ '- :, .",r~/.~..., NUMSERO~EMPLOYEES , . - I'],NF ~6Y~,.; $-~:£~'c~'-'.'~'- ": ;"/:~'5" . ''.- .;:/ -".: · ' .l ,, . . . · . . . - · .' . .. ........ , ' ' '.. '- ' *, , , ~ . PHONE COUNT . . ' ' ~, ¥,' .~;~/.~, ...... /~>' , ":~.*.t"2 .... r ......... .............. :..-.- -:-' .... ,~'--,' .. C~SS[F~CATIoNcI~CUS, CARNIVAL-.stm~-~]x'~-.~-~., ~,'~ Th ':*'- ~' ' ' ' )~ ' OCT ';'0 ';~8 Pcj ? -. State of Florida Collier Ccunty Health Department Sanitr~tion CartifcatelOfficial Permit Fccd Prom_r~m issueC tc: Gusdc, iu.ce Canter 211 S 9th SI Immok2. iee FL 34142 P e,mqit Number 11 -48-0018O Cacac!b/: 83 ,Mr-iiec :c: Our Lsd'., Cf Gur, dalupe Cath. Chu F O Bc× 1053 Immckalee Fee PsiC' 160.00 ,- . _.; r-. .... c/-.0/cc SPONSOR NOTIFIC.',,TI()N FORSI FOR 'TE.'~I I:'(') RA R'~' EVENTS: Name ofevenl Our [.ad,c ~t'Guadalupe Catholic Church .Annual Carnival Jress of event 210 g,:,u~h c;,~, Streel. h'nrnoka ee.. Florida g4i42 Date(s) of event Noven'~l~cr '"~ "~ - -- -' --~' IC)0S Hotlrs of operation Sponsor of event Our Lady of Ouada_[upe Catholic Church AddressofSponsor 207 South g" Street. Immokalee. Florida 34142 Person in charge ot'lbod serxice VilnLar Orscdin. c s Number oftbod and bevera,.ze b,mths lX Estimated number ofaltenders expecled at the e,.cmt at one ti:'ne'~ .;.c;c)O Number ot'toilets to be pr~,,, it!cc Ponabte .\lale I .4 j Fet:~ak: I .4 ?,.lethod ot'toile~ ,.,.aste d st os,~: lm;n,',kalce \\ are~ &_..Se',___._~ e:'. l;:c~a~_d.. >,'aples 000~Dm to II 00pm Phone (941) 657-266b__or 657'.6303 {~scribe method ot'Ik!:.;id k;tche:; '.taste disposal lmr~:~,kalee V','a___te__r & Sewer. I/lc Describe contair:ers ,:~d r',act.~o;.~ .~l'solid ','. asle d sl>,,:,sa! I,..zarba,.z,e ~ ', lar,e p.l.us fil~een ~ 15') ';r~-,::,tk-,p_. ~r-ash ca n, ~ - - _-. dumpsrers fr0__m Imn,.ok~j~.e _Di.it..'~ '.;al Number ol'solid v,,:,,stc disposai containers provided ~dt~,srers Describe thc it/es and method oI'hand ~k ashit~.a _Sinks al Guadalut>e Noul~ K~zch2:2..and c,,o/er '.'.,:h ',*a~er~r~ ,.., _soap Describe t'aciJi~ies and method or'utensil v,,'ash rig. rinsing and sanJtizin~ Sink at Guadalupe Soug_.Kitct_3.~gn Source oFpo~able ',talc: lmmokalee \Va[er & Se~er_._Inc and assor'ted ual/on cor~tain_._ers wiLh ,.vate_[ spouI&_ For information and assistance contact: Eh', ironme:'ltal Health & Engineerim.z Department (,5;13) 6.43-8499 OCT OCT r~ fi ':u:8 EXECUTIVE SUMMARY / DETERMINATION OF EMERGENCY MEDICAl. SERVICES IMPACT FliES TO BE PAll) BY THE CLEVELAND CI.INIC - NAPLES / OBJECTIVE: To have the Board of County Commissioners determine thc EMS Impact Fees to be paid by Cleveland Clinic - Naples for their facility located at the intersection of Pine Ridge Road and 1-75. CONSIDERATIONS: In June, 1997, Cleveland Clinic requested an exemption from payment of EMS Impact Fees on their proposed facility. They based their request on thc fizct that thc)' arc a not-for-profil or;s,.anizatim~ providing primary and secondary care to the citizens of Coil/cc County and, in thc first 3'car ()l' operation, thc uninsured and under insured residents of the County will receive an estimated $3.4 million worth of medical care. Additionally, in thc first year of operation, the Clinic will provide 3.7 million dollars worth of' unrem/mburscd medical care. Attached as Exhibit A is a System Impact synopsis provided by' Cleveland Clinic. Staffmet with representatives of thc County EMS Department and it ,,,,'as our consensus that Cleveland Clinic would have some impact on EMS's operation. At a subsequent meeting with representatives from Cleveland Clinic and County Staff including ['.'MS, thc Clinic proposed paying an appropriate EMS Impact [:ecs based on a mixed usc fcc. Thc proposed Ibc based on m/xed land uses was as follows: U S E TOTAL S-F_._~. RATE Office 37,604 $299.34/1000 $11.256.38 Public Space 26,873 $127.84/I 000 O ,40_ .'4'4 Medical Office 33,875 $1500/I 000 50.812.50 *Shell 85,870 $299.34/I 000 $91.208.65 *NOTE' Thc "init/al" slmll of' thc building would initially bc assessed an EMS Impact Fcc of $299.34/I000 s.t: At thc I/mc specific usc is determined, thc "Clinic" would pay thc additic, r~al t'.'MS Impact Fee based on actual usage. This Administration believes that it has the authority to "administratively" access thc EMS Impact Fees based on mixed land uses, as stated in Ordinance 91-7 I, Sections 3. I 1 .A and t3. attached. The future use of the "shell" as medical office could generate up to an additional $103,100.57 representing a total impact fee of $194,309.32. AG r~tO&lTEJ~\ OCT 8 0 1998 A mceling w,:ls held v.'ilh I/lc (.'()unty Attorncv on Atlgust 26. 1997 to discuss Ibc "mi×ed use" alternative [(MS Impact Fcc and dclcrmJnc whether or not these fccs could hc appr()vcd adrnJnistralivcly. Thc ('OUllty Attorney's Ofl'icc said tlmt they would not bar an administrat vc approval under $cctkm 3.11 .A and 3.11 .l?, of County Ordinance No. gl-71, as amended. Attached [sa copy of Section 3.1 I.A aild 3.l I.[:~ of thc ©rdmanc¢. The proceeding alternative EMS Impact ];cos were approvcct administralivcly. Based on ti~c County Altorney's opini(m and thc pr~)visi(m ti)r administrative appr{wal oI' EMS Impact Fees based on mixed hind uses as stated in thc ()rdinance, the preceding impact l~e analysis was administratively approved. - The County ('lerk of' Court's Internal Audit Department has questioned the validity of "administrative" approval of tim mixed land use impact fees on the fiMlity. Staff believes they are ustified in applying the mixed land usc lgcs to the thcility, but in order lo another potential fi~ture discrepancies, we arc rectucsting thc l/oard's endorsement of(mr administrative approval. In June, 1998 Clcvchmd Clinic's consultants submhtcd Building Permit applications to tt]c Coil/er County Building Rcvicx~ and Permitting l)cpanment tbr additional construction of thc areas (Icsignatcd as Public space, l)urh~g staffs review of Iht ctmstruct/(m plans it became difficult lbr staff formulate an assessment diJ'f~rcntiatJng between thc different uses, while applying applicable building code requirements fi)r each use. For example, thc plans dcpicted several office spaces ad accnt medical offices. (,'oiqslr, ction standards tbr thc tw(~ types of office uses arc diftbrcnt and w(mld have escalated cosls substantially if one construction standard was not utilized. Itascd upon this analysis. Cleveland Clinic clotted to construct their (,fficc space in accordance with thc standards fi~r medical o l'fi cos. received a loiter I'r{m~ 'l]>m (-'onrccodc, P.I'] [ixccutive Vice President of thc V-(iruup. stating that clinic would pay thc additional F, MS Impact t"ccs under protest. StalT was inf(~rmcd ti]at additional infi'~mmt/tm w(}tlld hc for~hc(m]ing. Their report is attached. Exhibit "/V', referenced earlier and provided by Cleveland Clinic rctlccts thc followirm updated mixed land use, areas, the r, tc and value of each use: ~ .!.Ah'l) US I._: i~t.A'r ~.] VA t.U [ · qhclJ Space 85.870 $0 (}l~ $O.f)l} ['ublic Spacc/h~stttuti(m 26.873 $127 8.1 S3..135 .I.1 Office 37.604 S2u~) 3.1 SI 1.256.38 Diagnt)slic/Trcal;ncnl 20.8 1 I S I.(~,}(}. x2 522.69065 I Iospital ')5,000 S 1.0g0.32 S J )3 580..1(1 Medical Office 13.064 S t.500,0 ~ S l 9.596.00 Mech ;m ica l 30,000 S 13,.12 S492.60 $161.05 I..17 . O) Fcc to bc iff)plied at lJl~)c ol'shcll space bu/Idoul m accordance with occupa.,lcy type. D&'[' ctmqructcd Io Agency for I lcahh Care Administralim~ hospital standards. A G F..~ DA ITEM.,.. OCT 2 0 1998 3. To he pcrmiucd m 1000. NOT[:: Staff rccommcntls that a "shell" rate ol'$13.42 hc applied to thc shell t~, hc con:,istcnt with thc treatmentofother"shell"uscs. Thiswou]dprovMcanadditiona]$].152.3X. ,,\t thc time thc shell usc is reviews, cd and pcrrnittcd for a specific land usc. an additional I:MS Impact Fcc v,'ould bc collected. FISCAL I,M i>ACT: To date. thc Cleveland Clinic has paM a total of5118.840.99 in I:'MS Impact t"ccs that ~xcrc deposited in EMS Impact Fcc Fund 350. Thc Impact Fcc would bc 53(10.775.50 if it x%t]~ paid unchallcnucd. Thc total EMS Impact Fcc ~hat we arc recommending is 516_._0.,.85 plus thc I'ult[rc [ecs collected on thc "shell" of thc building. (; ROVVT! 1 .M A N,.\ (; F:M I':NT I .M I',,\ CT: Nolle. R E (YOM 51E N i)..VI'I ()N: ['{ndor'sc %htI'l'x .'\dministr, nivc abilit,, to :l~,st:sx mixed usc tL'c based Ordina~lcc 91-?l. .,\sscss additional impact IL'es ,'\fl]rm staffs admiifistr.:~tivc autht~rit,, t~ coil',crt shell spat:c to thc rah.. ol' ."513.42 sq. l't~{*l x','hcll future tick t.']~plllClll C'(HllIllCI1CCS . i)..\TI.: 1) A T I.: A P,p,.Rp~ D II, Y: VINCE,~'T A. CA[TEi,~O, ..'~ICP, AI).M1NISTI{..\TOR COMMUNITY DEV. ANI) ENVIRONMENT..\I, ~V('S. (I.I)VI-:I.ANIICI.IX( I X M 'qM,\RY'md I)ATE - OCT 2 0 1998 pg. - ~ C I~E VEI...'-.NI) CI.INIC E~IERGENCV ~IEDI("..\I. SERVICES S Y S T E 31 I .X 1 P A C T EXHIBIT "A" ~o ~) OCT 2 0 1998 ,/ l?,ack~round C'ollicr (.'o,ntv adopted an Emcrgcncy ,\lcdical Scrviccs System Ir, q')act Fcc ir~ July. 1991. for Ibc puq'~osc ofcollccling from futIjrc development a fair share cc,.,,t of system improvements and additions. Thc ordi,ancc used to cstablish thc I!.XIS Impact FCc relied on a study by }tcndcrson. Young and ('ompan)' Io derive systcm impacts based on 19S9 l~Nt% l'tlll (Jill;I. Thc t lcndcrstm, h'~un~ study used Thc Sttl¢lv did Iq~l .iddrcss nor could il hax'c anticipated cvcrv dcx'ch)pmcnt possibi}it~ that would have an Jlllpacl Oll thc ["%1S SVSlCrll C'O;~SCqUCntly. thc slud'. ;t~d thc c~rdinal~CC. which ad,~pts i~. provides SOlllC lati~udz lbr dztcrmini~g ISNIS s,.'s~c;~ impacts I~c,.'tmd Tho Co]liol-( ',~unt,, ('ode. uIldcr .<.cclio!l ':4-2-2. pro,. Genera} .\ ) )lic'{li,)l"l · _Ii .... ~.__ The %Icdical ()Ificc Clinic ('atcgor.x For C\illl'lFlIC' .tloL'S I10[ diFl'crcnt~atc bctwccn an oITicz lbr a ,Jcrm; tt',to,..::i <1 and l}lal O f a cardic, lo,::ist, wh ich would have sign; ficanth.' ,..ii fR.'rent impacts Io thc [!%I% system. The sludv docs rcco..vni.,:e tile statistical ~. "crcrlces in svstcnl ;ii:pact< }~z:sc, d Oil .general land t~sc calcu,',r~cs, ho,.,, cx er it Fails to, l'lIrl}~eF t. ti fi~'rt.'i;t~,~tt.' bzt,.t,._.cr; multiple uscs ,,vithi~l a sii~gl~: str'uclurc ailt] in<cad relics on thc application ora a ('ountv-widc basis to establish it L'c~Ic'ral Fcc svstcm but fails to consider unique mixed use facilities. Finally. thc stmlv co:~siders all facilities as t'~mcrgcncy Xlcdical System Users consideration lbr' their contribution to tile system as a providcr ofemcr,_,cncv 'o.'ilhnl,t ~edic~N ._. ?:~ ',~ ') OCT 2 0 1998 I services. This approach is typical and reflects how mosl dcx'clopmcnt impacts thc }:.x. lN system. Section 74-267(10) and 74-279 al/ow for consideration of developer conlributxm credits. I I To Fairly and equitably assess the Emergencv Medical Sca'ices System impact of lar,.2, c scale multiple usc devclopnlcnt, tile generalized model from thc }lcnderson Youn~ studx must bo expanded to consider these and other unique issues. The move from a general broad based model to a specific application of thc concepts contained lhcrcin must consider ?c>,:l land planning practice as well as realistic }lll[lilClS cr'catc'd bv each USc category. S_pecific A, ~ >lication The Facilities cur'rcntlv under construction for Ibc Clcvchm~t Clinic on Pine Rid<c Road represent a unique development with regard lo lbo [{mcrucncv Nledical Scrvicc~System and will likclv impacl that syslcm in numerous positive (vav.~. Thc project contair(s over characteristics ~hat make this prqcct's EXlg iml~acts unique incltMc: · '1 ho facility will bca prov;dcr ol'e;l:Crgcnc) medical services and '.,.'ill be integrated into tile [{N.I...$ sysIem. · Thc C'Ic:'ch:nd Clinic is provitlil,,g [-, ~N infrastructure as part oKIhc pro.icct. · 'l'h¢ facililv ,`viii pre, vide primary and sc¢ontlarv clinical and diagnostic patient care on a County-w/de basis. ' 'I hc f2~cilitics feature rnulliplc land usc types integrated in mi cftlcicnt dcsi,.2n to rl',aximi×c the effectiveness of thc thcilitics fi~r users and reduce impacts to public ill fl'iiSI FL1C [ ti rc. Il is rcadil.v aI-,i'x~rcnl that this type of facility couM not have been anlicipalo, t by Henderson. 't'oung and Company when the(' were asked lo prepare a study for impact.;. With this in mind. tho Cleveland Clinic is rcqucsl/ng an individ~lal calculation of EMS impact Kc'cs that rcprcscr~t thc un/quo benefits and impacts of its i%tcililics. 5Iixed [:st, Al~roach Thc Clcvclaml Clinic's tl~cilitics ,,,.'ill be unique in tCnllS of the scrx'~ccs they provide, thc impact to thc ISMS system and their contribution to both thc public infi'astructtu-c and health care infrastructure of Collier Coulltv. Thc Cleveland Clinic 70 bed hospital with emergency room. a diagnostic and treatment ccnlcr, clinical offices and ndministrativc offices, as well as public space. Thc facilities are designed to su~'ive hu~icancs and operate For extended periods on emerucncv power. Some pom~ OCT Pg. facilities arc bcin[: constructed as "shell space ~tmimprovcd interior space v.'ilh no current usc)" to accc, mmodatc futt~rc ~rowth. Initially the facilities ,,,.'ill be configured with roughly 13,000 square feel of medical office space and nearly 21,000 square feet of diagnostic and treatment (D&T) space. Office and administrative space will occupy about 38,000 square feet. Public circulation, waitinc and lounge areas occupy nearly 27,000 squarc t~cl. The hospital will take up 95.(~ square feet and ai~nost 86,000 square feet is cnlpty shell space to HCCOllllllOd:!IC future growth, lnadditit.n, thc fi~cilitics have nearly 3~l.(~c~0 square ikct of' space to accommodate air conditioning cqtnpn~cnt, generators and similm-nlcch~mical and building support funcnons. To follow thc model of thc t'!M.% impacl fcc study and ordinance and apply the most similar land use and related fcc from thc table itt Section 74-297 to thc Cleveland Clime facilities wcmld rc:;ult ir] the folio, win,, analysis of impacts O/floc 37,604 D~a~nosl~c 'I rca:mcnt }tospltat 95.00c~ Medical ()['ficc I t:cc lt~ bc :.q'~plled at rime of ,-.hell :-.F, acc l",t~lldc u~ I:', ,kcc,:d:m~'c with o¢cuF, ar~cy Lx-pc 'Io be permitted m 1999 Thc E.x. IS s,,'slcm impact of the Clcvchmd Clinic £acilitics could and should bc ratiom~ll,. discotmtcd bv comparing the general conditions of thc study xvith the specific condition:, ofthcscfacilitics. For example, the Henderson'~'oun~studvconsideredatypicalmcdiczd office impact as highest since paticnls often visit their doctors xvhcn they arc sick and arc frequently taken to more acute care centers via thc EMS system...Xt thc Cleveland Clinic. however, patients requiring more extensive or urgent care will bo mox'cd on premises without impact to thc County's EMS system. Similarly, i faxx'orkcrorvisitor from administrative offices lhlls ill, they arc iht more Iikclv to bc trcalccl on site than off site. which reduces thc EMS impact of these land uses addition to the urfique character of the Cleveland Clinic /hcilitics and their reduced irnpacts on the [~M$ system, the Clinic will be a partner in health care throughout Collier Countv. They have already made commitments on charity care, the Healthy Kids Prouram, and other beneficial programs. Further. the Cleveland Clinic isworkin OCT 2 0 1998 plar'~s This il'~cl~dcs commttnicaIior~s cqt~ipmcnt, hcliporl arid mcdic st pV,'~rt ar~,.l ~s valucd ir~ cxccss ofS52,000. Conclusiog~ 'l'l~c Colli,..'r ('c,tt:~tv l:.r~crgcl~cy Mcctic~l Scrviccs .qvstcm Impztct l:cc [~r,~','idcs i'~r Ilcxihilitv it~ tI~c :ldmir~islratio~ of IBc ~rdinlmcc t,~ l~:irlx ~dttrcss t~rxi~tt~c dcx'cloDi~cr~t imDacts. Thc ('l.zvclar~d ('li~c l)r~Licc~ clci~rlv rcpr'cscr~ts stroh a [lll!kj[lC illld limitc,2 flcxil~ilitx' i~ IBc .:lclcrmimttion off [{N1S s}'slcm imDztcts. II is i~'~'~porlai~t t,, kccp ir~ mi~(t thc mixed list r~att~rc o£this tle~'clnp;~cr~t, thc be ~rar~tcd. I~ :~Hx' case. IRis Drtsiccl's tH~iqt~c circL~mstanccs x~':l~'ri~lt [tlZ'lJlcl' I:'/nall.x'. it is ir~aDort~mt tbr staIT'to t'~otc ti~ztt tl'tc cffthcier~t dcsict~ off tills mixed rcx'icxx s. ,,,~ .:..,:f .- ) OCT 2 0 1998 MEMORANDUM DATE: Scptcmbcr 8. 1997 TO: FROM: RE: Then'ms Fi. Kuck. P. ti.. M:magcr [£ngincering Rcvie,.v Section. Planning Services Det>ar!mcnt l)avid C. We[gel. Counlv Attorney ~' Cleveland Clinic Impact Fees RLS No. PI.S97072401 'fnu proposol thc following t!mergcncy ,'xledical Impact Fees for tilt: ('lcvcland ('iinic to be localcd on [:'ii'lc Ridge Road: O£fice Public Space TOTAL SQ. I:OOTAG[L 123.474 s.f. 2(~.,q 73 s.f. ~ 33.,q75 s. l'. RATE --T VAI.L;E $2(;9.341 5.1435.44 I S127.s~ ' ,..4' I ~)()(} l S 500 t~)l~i Medical Office TOTAI_S l'~.. ....... '"'~'" s.f. i S';l "l~S.(~5 ! SSILS 12..",1' ! You have stated lt~;tl yotL Leo Ochs. Support Services Administrator. I)ianc Flagg. [{mcrgcncy Services Director. and Vincc ('autcro. Comnmnitv Development & Envimnn~cntal Sconces Administrator arc supportive of thc Cleveland ('linic's proposal and desire to proceed administratively to approve those impact IZ'cs. In rcvicv,'ing ),'ot~r proposal, wc no~c tile lbtlowing: I. .,\ SCl'~aralc I'm[Ming could be ccmslruclcd under thc land usc category c,l'oflSce. Staff represents that tile Naples ('ommunilv t tospital has not paid impact fees under thc t!mcrgcncy Medical Sc~'iccs lnlpact Fcc Ordinance. Section 2.(14, .,\ltcmat~vc Fcc Calculation. Once tile hospital porlion o1' ~l~e ('lcvcland Clinic is COllSlruclcd. tile impact on thc rite/lit[cs would be minimal since ;trguably injured customers, palicnls and [nv[tees would be transported to thc hospital porlion of thc clinic without thc need to transport by ambuhmcc. Thc County Atlomcv's Of'rice ,.'.'ill not bar your procccding adrnirdstrativelv, however, v,'c have Ibc follov.'ing concerns with proceeding under Scclion 3.1 I.A aild 3.11.B_nf Cot!;;!,: Ordinance No. 91-71 =is an]ended: EXHIBIT "B" OCT 2 0 1998 September 8. 1997 Thomas E. Kuck. P.E., Manager Cleveland Clinic Impact Fees Page 2 1. gtLfficient criteria must I),.2 established it') dislin~2tiish this type of building £rc, rna dentist or physician who applies tbr a btiilding permit who has a medical office. .-\ record must be established to demonstrate that thc }'!mcrzcncv .Medical gcrviccs System Impact Constn.~ction consists of separate and identifiable enterprises which arc not subordinate to or dcpcndcnt on other enterprises within thc ['~rncrgcncy Ntcdical Services .qystcm Impact Construction. Please fccl rice to call n~c if you have ;my questions. C¢~ l tcidi F...\.al]Ion, ,'\ssistant C'ountv Attorney I.co Ochs. Support Services Administrator \'incc ('aulcro. Community Development & [:~rwironmcntal Services .'\dministrator Diane Flag.g_'. Emergency Sc~'iccs Director h:'~cw dc,.~, nwm~.,s Kuck Cleveland Clinic Impact Fccs OCT 2 0 1998 pg. ?'(' r--- E ;< H i E ] 'i ...... ~ ;uant to Section 3.05, the proposed ~,].an for a developer ~ontribution under Section 3.07, or a review hearing under Section 3.08. Section 3.11. Individual C~lculation of Impact Fees. a. In the eve;'~ an Emergency Medical Services System Impact Constzuction involves a land use not contemplated under the Impact Fee Land Use Categories set forth in Appendix "B," or a use of land which is so unique that it should be con- sidered separate from the other Emergency Medical Services System Impact Construction contained within the Land Use Category, the County Manager shall calculate appropriate Impact Fees based upon the impact of such Emergency Medical Services System Impact Construction on the County Emergency Medical Services System. b. In the event Emergency Medical Services System Impact Construction involves a Mixed Us.e Emergency Medical Services System Impact Construction, the County Manager shall calculate the Impact Fees based upon the number of Dwelling Units and/or square footage to be generated by each separate Impact Fee land use category included in the proposed Mixed Use Emergency Medical Services System Impact Construction. Section 3.12. Severability If any clause, section or provision of this Ordinance shall be declared unconstitutional or invalid for any reason or cause, the remaining portion of said Ordinance shall kc in,~:~, force and effect and be valid as if such invalid .porti thereof had not been incorporated herein. In the eveu held or construed by any court of competent jurisdict on t ~Ti~ 0 1998 ~on that- September 15. 1998 Mr. Vincc ('amoco..'\dministrator Collier Coumv Community Development [!nvirol~rncntal .5crviccs Division 2Sl~l~ North I{orscshoc lbrivc Naples. I:]orid;I RI!: ('lcvcland ('linic Dear Nlr. It :s with dccp regret th:it [ am wI'itin~c you today to fi~rmally protest Ibc imposition ENl%impact IL'csonthcC'lcvclandClinicprojcct. Ifxouxxillrccall. xvcfbrmallv petitioned thc ('o~ntv to accept ahcrnativc I[XIS impact 1¥c calculations ox cr Thc rc. jcclion o1' lh;.ll ;I.~rCClllClll l~x' thc ('our:tv at this late sta~c c, fcoI~struciion constrains our options since it is holding up thc proMrcss oFthc construction xxork. Xk'c xxil] pay thc impact IL'cs imposed (gl 27.979. l l) tltltlCi' [3rolcgl ill ;tCCOl'd;lllCC Xk lib SCCtiOllS 74-2" and 74-27~ oF thc ('oilier COtllltV ('ode. Our pCtlliOl] ibc allcrnalivc [{.\l.~ impact IL'c calculations Ibc thc C'lcx cland Clinic pro. jeer w/Il he fbrthcoming. We t~ndcrstand that monies paid under prolcsl ;mt[ subsequently rcl'tllldCd will bc paid xvilh ii,locust pursua~t lo Ncclio~l 74-276 oF0~c ("OtltllV COtJC, Sinccrclv. Till! \' (;R()['I' ()[: /:I.ORID..\. IN('. Thomas E. ('onrccodc. P.E. F. xcculivc \'io.: President TE(':smc cc: ['_d l'crico .lcff Ntnlncr ,~GF. ND~. iTEM . OCT 2 0 1998 ,,:!:, ;,~,'._. , ,.,. EXECUTIVE SUMMARY FURTIIER PROCEEDINGS IN TIlE CASE OF STIRNS V. COLLIER COUNT}; CASE NO. 98-2288-CA, XVItEREIN STIRNS CIIALLENGES THE COUNT:Y'S DENIAL OF A SOCIAL CLUB CONDITIONAL USE IN A RURAL AGRICULTURAL ZONED DISTRICT, AS ORDERED BY JUDGE TED BROUSSEAU IN TIlE ABOVE-STYLED CAUSE PURSUANT TO RULE 9.600(b), FI.,ORIDA RULES OF APPELLATE PROCEDURE. OBJECTIVE: To conduct further proceedings before the Board of Zoning Appeals in the case ofStirns v. Col~let County, Case No. 98-2288-CA, wherein Stims challenges the County's denial of a social club conditional use in a rural agricultural zoned district, as ordered by Judge 'Fed Brousseau in the above-styled cause pursuant to Rule 9.600(b), Florida Rules of Appellate Procedure. CONSIDEILYFIONS: On May 26, ,em;, the Board of Zoning Appeals (BZA) heard a petition filed by Louis Stirns for a social club conditional use in a rural agriculturally zoned district. Thc BZA denied the petition on the basis of' tile incompatibility of the proposed use w/th adjacent residential land uses. On June 25, 1998, Mr. Stirns filed a petition for writ ofccrtiorar/ with the Circuit Court. On July 29, 1998 Judge Ted Brouseau issued a Sum~nons in Certiorari directing the County to respond to the Stir'ns petition. On September 8, 1998, the County filed/ts response. On July 23, 1998, Mr. Stims filed a motion with the Circuit Court requesting that fi~rthcr proceedings be conducted pursuant to Rule 9.600(b), Florida Rules of Appellate Procedure. Thc basis of the motion is alleged discrimination of the BZA and/or its individual members against Mr. Stims and/or thc proposed social club. Despite the County's objection to the mot/on on this basis, the Court ordered the instant proceedings by Order dated September 8, 1998. FISCAL IMPACT: None. GROWTII MANAGEMENT IMPACT: None. RECOMMENDATION: To conduct thc further proceedings referenced above. Prepared by: Marjor~ M. Studer;t Assistant County Attorney Approved by: David C. Wcige~' /~)--- - County Attorney h:hg/mnxs/¢xccutivc sunlrnancs,'S~cr.~s v, Collier (?ounly Date ./o~14~ ~__ Date AGENDA ITEM r £T ,9,.O IN THE CIRCU'IT COURT OF THE TWENTIETH JUDICIAl. CIRCUIT Ir: AND FOR COLLIER COUNTY FLOR/DA CIVIL ACTION LOUIS H. STIRNS Petitioner, COLLIER COUNTY BOA' .D OF ZONING APPEALS, and COLLIER COUNTY a poli'ical subdivision of the State of' Florida, Respondents ORDER CASE NO: 9S-2288CA' 'Fl-IlS CAUSE havi,~g been heard on Petitioner's Motion for Further Procc-"~dings, aad the Court being other\vise Fully :~dvised in the premises, it is ORDERED and AD.:UDGED as £ollovvs; 1. Petitioner's Motion for Further Proceedings is Granled. The Collier County Board of Zoning Appeals is directed lo complele further proceedings within £orty-five (45) days after Ihe enlry of this Order; 2. Tile proceedings befc..re the Board of Zoning Appeals shall be limited to eliciting evidence as to any bias of Ibc Bc:~rd of'Zoning ,Appeals or its individual members against the Pelitioner or thePetilioner,spmposeduseo£hisproperty. Totbisend, tlleindividualmembersofthe Board of'Zoning Appeals shall be subject to exam/nation these proceedines. Counsel for the Board of Zoning by counsel for the Petitioner during · ~ Appeals shall be permilted cross- exam~nalion but only w/thin lhe scope of'the direct examination by counsel for the Petitioner; 3. Respondenls shall not be permitted to off'er or enter any evidence concerning the reasons for lhe Board of'Zoning Appeals' decision to deny Petitioner's Conditional Use Request. DONE AN[) ORDERED : 1998. in chambers, Naples, Collier County, Florida on this ~ da)' of .jCopies to: CIRCUIT COURT JUDGE ames H. Siesky Esq · ' ' -- I · D'w~ght E · Br~ok. Ck~'k ~ Cou,.~ in ,,nd re,. C.o~m. C~ y. cio Marjorie .Student, Esq. AGENDA ITEM //"'"" 0 CT I,,q 8 . cO-"-/- - --- -EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE HISPANIC AFFAIRS ADVISORY BOARD _O..B.IECTIVE: To re-a?point one member to serve a 4 3'ear term. expirinu on June oq 2002. on the Hispanic .'\flairs ,.".,dx isorv Board. ~ ~" C~ONSIDERATIONS: The Hispanic Affairs Advisor).' Committee had one term expire on .June 25. 1998. This 9 member board identifies and evaluates problems unique to the Hispanic Community, reviews and recommends ways to ensure open communication between the minorities and Collier County Government and provides periodic reports to the Board of County Commissioners. Terms are 4 .',,'ears. A list of the current membership is included in the bacl,:upl A press release was issued and resumes were received from the following interested citizen: .APPLICANT C'?__.~ T__F. (; O R y P IS_.__T 1:: 1. ECl'OR ADV. COMM. David Con'ca n a ~ yes De,.. Set-vs. & I'tAAB COMMITTEE RECOXI.MENDATION: No recommendation FISCAL I.',IPACT: NONE GROWTH MANAGE,lENT IMPACT: NONE RECOM*IENDATION: That the Board of County Commissioners consider the request for re- appointment and appoint one member to ser','e a 4 year term. expiring on June 25. 2002. and direct the County :\ttornev to prepare a resolution confirming the appointments. Prepared By: Sue ):ilson. Administrative .Assistant Board of County Commissioners Agenda I)al'e: O(.'TOBER 20, 1998 ~o .~ 0 Cl t 0 199B OFFICE OF THE COUNTYATTORNEY INTEROFFICE MEMORANDUSI TO: FRO.M: D,\TE: RE: Sue Filson. Administrative Assistant, Board of Counrv Commissioners amiro ,~afialich, Chief Assistant Count.,,, Attorney and as Liaison to the Hispanic Affairs Advisory Board October q '995 5lember I)avid Correa's Application For Continued Membership on thc Itispanic Affairs Advison' Board Pursuant to our telephone conversationoftoday. I am providing this memo, as Liaison to the Hispanic Affairs Ad,.'i.~,o~, Board, For .','our information regardin~ the above mentioned subject. I have spoken ',','/th Mr. Con'ca and he indicates a desire to c~ntinue to serve on the HA:kB For another term. He respectfully requests that the Board of County Commissioners consider reappointing him to the HAAB. This is also to inform you that, reurettablv, and due to inadvertent oversight on my office's part as well as recent Full ae~ndas for th~'H.,k..<l~, the HA..kB ',',,'as not able to vote a recommendation regarding .',,Ir. CorreaTs continued membership on the Board. Please submit to the Board of County Commissioners Mr. Correa's application for reappointment to the HAAB. Thank you for .','our assistance in this matter. R~M:kn cc: David C. We/gel, Count,,' Attorney Frank Rodriguez, Chairman, HAAB HAAB Members Mr. Correa AGENDA No. OCT 2 0 1998 Hispanic Affairs Advisory Board IVork Phone A££t'd £x£. Date Term Home Phoue DateRe-appt 2nd£xpDate 2nd Term Jo:'ge Chemas _354 Osprey's Landing.-~-~2£06 Naples. FL 34104 Dixtrict: 3 Categor. r: Kate L. \Vamer 1717 Camelia Lane Naples. FL 34105 District: 1 Category: Dora S. Vidaum 61I Nassau Street Apt. Immokalee. FL 34142 D/strict: 5 Catt~oo': Pete Cade. Jr. 1903 Lced Immoka!ee. FL Dinrict: 5 Categoo': Eva Dclastm~e: 452I Fifth Avenue. Naples. FI_ 3..:I02 D/strict: 3 Category: David Correa 11257 Longshore \\'av Naples. FL 34119 District: 5 Categoo': Frank G. Lone,,' 131 Tahiti Street Naples. FL 34113 District: 1 Category: 649-3282 435-4577 08.'26"97 12,' 16/97 ;'~;-20=2 08.'05 '97 657-~763 0S '05.'97 3~2-,2070 11 '14"95 I'h~ O0 95 0801 95 06/25/0I 06/25/01 06,'25,'01 06/25/01 06/25,'98 06 259S 06/25/99 4 Years 4 \'ears 4 Years 4 Years Years 'fears 4 Years tt'edt~egday. Apn'l 29, 1998 Page I of 2 Hispanic Affairs Advisory Board ;'Varec ll'ork Phone Appt'd E.v?. Date Term l/nme P/tone DateRe-appt 2ndExpDate 2nd Term 04 2898 06'25,,99 O Sandra Buxton 7816 Gardner Drive. Naples. FI. 34109 District: 3 Category: Fra~ Florencio RodriL_.,uez P.O. Box 990244 Naples. FL 34101 District: 3 Categoo': 514-2371 434-1975 08 01,'95 06,25 90 Year 4 Years Thisgmembercomm~ee~,,,,a~.;createdbyOrd No 91-37 amended byOrd No 91-78) ident~f/and e'.,alua:e F. rzbfems umque to the H~sgamc ccmmumty, review and r¢-~m~ tO e~sure open commumcabon b.,¢,een mmortttes a~d Coilier Counb/ ¢cvemment and per~cdicrepcdstotneBoardofCounp/Comm~ss;cners Terms are4years OFL ST. 4 T: Slaff: Ram~ro Ma:ahch ,¢-'s$~s:ant C,ount'/A~cr,q~7 ~-," · . / t Page 2 of 2 No. 0CT 2 0 1998 M E M O R A N D U M ,; --- DATE: TO: FROM' May "'- =/. l 9o,'q Vincll I-Iills. Elections Office Sue Filson. :\dministrativc ..\ssistagdr.7. Board of County Commissioners RE: Voter Registration -..\dvisorv Board Appointments 'IRe Board of County Commissioners ,.,,'iii soon consider thc following individuals for appointrncnt lo onc of thc county's advisory committees. Please let me know il'those listed below arc registered vr~tcrs in Collier Count,.'. Also. please list the commission district in xvhich each applicant resides. Ii;5, PANI(' .,\FF..\IP, S ..\i)\"IS()RY BOARD David Corn'ca 11 =. 7 Longshore ',.Va`.'. V.'. Naples. FL 34i19 COM,XlISSION DISTRICT Thank vou for ','our help. MEMORANDUM DATE: TO: FROM: May 27. 1998 Sue Filson, Admini.,trativc A.;.;i:;t~mt~/. I Board of Count,,' Commissioners,K..Y ' ltispanic Affairs Advisory Board As you know. we currently have 2 vacancies on the above-referenced advisoo' committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have altached the resumes received for .','our review as follows: David Correa 11257 Longshore V,,'ay, \\'. Naples. FL 34119 Please let me knox,.', in v, Titing. the recommendation for appointment of the advisor5.' committee within the 41 da',' time-frame, and I will prepare an executive summao' for the Board's consideration. Please cntegorize the applicants in areas ofexpertise. Ifyou have any questions. please call mc at 774-8097. Thank you for .', our attention to this matter. SF Attachments OCT 2 0 1998 ,o~ o/.........~ David Correa 11257 Longshore Way %~'~ Naples, Fl. 34119 May 20, 1998 Sue Filson Administrative Assistant Board o£ County Commzssioners Collier Gounty, Fi. Dear Sue Filson: Please be advised, I am seeking reappointment to the Hispanic Affairs Advisory Committee. To update m}' resume, I have been appo: ..... d to the Charter School Review Boarfi, for Collier County. I serve the Communit}' Foundation of Collier County as a Grant Committee person. I sit on the Leve'c~mental Services Advisor? Board of Collier Cour;t¥. Thank You for your consideration. Sincerely, David Correa cc: Ramiro .-~=.,a~'~ci:, Chief Ass{s~ant Count}' Attorney AGENDA IT]~M No. OCT 2 0 1998 EXECUTIVE SUMMARY PETITION VAC 98-024 TO DISCLAIM, RENOUNCE AND VACATE THE PUBLIC'S INTEREST IN A 20' WIDE PARCEL OF LAND CONVEYED TO COLLIER COUNTY AS AN ACCESS AND MAINTENANCE EASEMENT, RECORDED IN OFFICIAL RECORD BOOK 1889, PAGES 2393 AND 2394 AND BEING LOCATED IN SECTION 1, TOWNSHIP 50 SOUTH. RANGE 25 EASI. COLLIER COUNTY. FLORIDA. OBJECTIVE: To approve Pctition VAC 98-024 and to cxccutc a Quit Claim Dced to vacate thc above-described casement. CONSIDERATIONS: Petition VAC 98-024 has been received by the Planning Sen'ices Department from Blair Foley, P.E., of Coastal Engineering Consultants, Inc., as agent for the petitioner, St. James Enterprises, Inc., requesting the vacation of' the above-described 20' wide Access and Mainlenance Easement to accommodate proposed construction at the site. Letters of no objection have been received from all pertinent agencies. Zoning is C-5. FISCAL IMPACT: Collier Count>, has collected a $1,000 "Petition to Vacate" fee from the petitioner, which will be deposited in Road and Bridge Fund (101-163610) This fee covers processing costs. GROWTH MANAGEMENT IMPACT: None R ECOM ~ ! E N DATi ON: That the Board of Count.,.' Commissioners: I. Approve Petition VAC 98-024 for thc vacation of' the above-described 20' wide Access and Maimcnancc Eascm:nt: and 2. Authorize the cxccutmn of thc Quit Claim Deed by its Chairman and direct the Clerk to the Board to rccord the Deed in ~hc Public Records. PREPARED BY Rick Grigg, P.S.M. Planning Sec'ices ~omas E Kuck, P.E.. Engineering Review M~ager mc~t A Cautero. AICP. A~inistrator Community Development & Enviromental gem'ices DATE: DATE: OCT ATTACHHEN~ PETiTiON FO~M ~ THE E×T~NGU~S}I~ENT DF LA.DS. Date Received: ¢'/'~ etition · ..... ~-,~ . :.r,r:~, Zip Code: '~IU~ - ~=:~~ : Coastal Enpineering Consultants, Inc. ~ ~roperty: ~ ' J ~ ' R - d Location: ~ection Legal . ~ To.ship' · m Range DescrlDtton. d cr~ ~: ev Jomen , ~ .... i or Current Zoning: ~ 5 Does this effect density? ~ ~ Hereb~ Authori~ Agent Above to Represent He ~or this etitio~:~ ~ (Title) Please see "Policy and Procedure of Vacation and Annulment', for the l~s= of supportive materials which must accompany this petition, and deliver or mail to: Transportation Services Collier County Government Complex- .aples, FL 33962 Telepho~e: (941) 774-8494 If applicant Is a land trust, ~ndicate the name beneficiaries. If ap~licant Is a corporation other than m public corporation, indicate the name of officers and major stockholders. (3) If applicant Is a partnership, other business entity, indicate the name of principals (4) List all other owners. ' Paqe 4 of 4 OCT g 0 1998 COASTAL ENGINEERING CONSULTANTS INC July 30. 1998 Mr. John Boldt. P.E. 8: P.S.M. Stormwater Management Director Public Works Collier County Stormwater Management 3301 Tamiami Trail East "H" Building. yd Floor Naples. Florida 34112 BY: CDAST~,L RE: Proposed Vacation of 20' Wide Access and Maintenance Easement CEC File No. 97.115 Dear Mr. Boldt: Please review the attached legal description, sketch and easement document for the proposed easement vi. lC:l[ ion. Upon }'our re,.iew, please contact our office with any questions or concerns you ma:,' have regarding this vacation. If acceptable, please sign below and return this correspondence back to our riff ice. Thank you in adva.cc ft,,' 5'our prompt attention to this matter. Coastal Engineering Consultants, Inc. Grej Jeppesen. E,I. Staff Engineer Attachnlent:. - As noted SIGNATURE OF NO OBJECTION: I. John Boldt. have reviewed thc above and have no objection to the vacation of the above referenced easement. 3!~ S ~.OESESHO~ Dc!VE · NAPLES, FLORIDA 34104 · (941) 643-2324 ,, FAX (941) OCT 2 0 1998 c. c.-/.,., k. 3-~ Pa3 Sent By: Law Off~ca of Anna L. Brown, r · ~41 435 0255; Jun-4-98 g:~&M; Page 18/18 2227152 OB: ~71~: 2699 lin B l WABBA _)~rrY DIz~rr) COid~jNicA'THiS ~ m d~ ~ ~ ~ I997, ~ TIO)~, i]qCO~,PO~..A~TI3D, A Dm'Alir~ co~q~,A~, P/N/A P~ Tu Polk) Numbu:~. 0C0440(XX~L 06/04 '98 08:53 AGE 1998 Sent 8y: Law Offlca of Anna L. Bro~'-, r . 941 435 0255; dun-4.g~ g~'%M; Psgo 17/18 tit Gl: 2~ [J~: ~00 tit S~3m[. arekd a~d ~livcmd in our purnmrg: PALMER COMMUNF..ATIONS. INCORPORATi~, A DSLAWARS ~TK~, P/N/A PAL,M~t BROADCASTING COMPANY AN IOWA 1~;'/, by GORIX}N A. MO:OLLUM as Vans PfuLdont d PALMi~ TIONS, INCOIPOeATI~. A DHLAWARB CORI'(3IIA~, P/N/A PALMER DANI]~ A. BUJ~YNS~ ESQUIRR BURZYN3X/& PFEUFFER I t24 Goodim~ Rmd OCT 2 0 1998 ......~... ~ 0176 657 COLLIER COUNTY IN! = IN:), . 9,25 001 889 RECORDED z,s~z~OR BOOK 002393 ~GE THiS F~SE3~FJGT, made and entered Leto this 4L~ day of ~"~.rar~r ~, i993, by ?AJ. XY.A COIOg~HZCAT]ORS. ~COE~O~a Oe~avare co~o~at[on, ~/n/a ~a~mer a~ai~aJttn& Company, an ~ov. co.oration, vhose · s Cranial. to ~ GO~, a political subdivision of the State oE rlotl~, Its successors end asst.. ~ose ~st-of~tce address Is ~Oi T~t~t Tzatl ~at. ~aples. Flort~ 33962, as Grates, (~etever use4 herein the tet~s 'Grantor' and 'Grantee' Include aa! the parties to this ins trunent and their respective heirs, legal repres~ntative~. successors end W ', T ,~ E S S E T ~: Grantor. for er)d in coms iderat[on of TF.N DOLLARS ($10.00) and othe~ rolm. able co~,~ret[on paid by the Grantee, the receipt and suff~c~e.cy o! vhtch lo harsh? ac~A~v~ed&ed, hereby corrvaye, &rants. bar&sins and semis u~to the Grantee. the follo~ln~ A. a p~rpetual, non*exciu&lve sLxty foot (60') dratnile easement (hereinafter '~&l~&e ~wnc') ~er, ~eet, upon, and across the certain ~geMnt; a~ B. ~o (2) ~rpe,~, non. exc~lve ~emty ~eet C20') access and ~inte~nce ea~e~nta (betel~:er 'Aeeea~ ~ ~a~nce~ce ~amn:') each one ~ch the Ocalna&e ~Je~nt I::d the Access an~ ~lntenince ~iements more parc~cuZag~y desc~L~d ~n ~:btt 'A', attached hereto and incorporated heteLn b7 re~ete.~e Sub)et: to ~ase~ncs. restrictions. I~d rese~ati~ms o( teco~d. ?0 ~VE ~O ~ ~ ~ sm ~te ~! Ctintee, to&ether vlth chi tl~: co enter ~n letd ~d. ~ Co exM~ete ~ rmve Mter~e~s vLthLn the DFit~se b~ewnt tot th ~so a~ Ca~t~ctinS a~ operatln& dtaL~se and voter M~se~flt ~ac~llcfes ~r~. G~toc ~ Grantee are ~ed ~or slnguLi~ oc plural, os ~ c~ce~t r~tres. IN V~[~S ~F. ~ Grantor has caused the~e presents to be executed the ~te ~ year ~Lrlt ~ ~ttte~. ~,.~'~rsonally I~o~ t~._.~e_ or who has produced C~o~o-tat Seal] PAL/qK~ COPLYUN i CAT I ON S/' / PEce~ved I .7~ _ ~c~",r,'St~ ~:~.'~t' ~r;~*.':I Tis c~STAT~ Oror P" - ~~- - ;' '" · ~ . 1993. by ~.'~ ~ ~'y~,, . as ~,~ of Palmer nf the co~oratton. Ne/She ts as tdenctEtcatlon. SetSal No. ~ 0 1998 E;XHI D~.'r PRO.,~¢T NO. L.~GAL D£$CRIPTION: A 60 FOOT ',4lt)E DRAINAGE EASEHEHT OVER THE WEST 60 FEET OF TtiE FAST 360 FEET OF THE NORTHEAST 1/4 OF THE NOR':'HEAST ~/4 OF THE NORTHF. AST 1/4 OF SECTION 1, 'rO),,~SHIP 50 SOUTH, RAJ;GE 2.5 EAST, COLLZER COUNTY, FLORIDA, LESS THE NORTH SO FEET THEREOF FOR RIGHT-OF-WAY FOR RAD20 ROAD (COLr~TY ROAD HO. 856), TOGETHER WlT]~ A 20 FOOT wzor. ACC~fS A~D HAZh~T£NA~ICE F. ASF, HE~rT ABUTTING THE EAST A~D WEST SZDES OF SAID 60 rOOT NIDE DRAINAGE r,J~HE~T. (R~FER~IC~D I~ OFFICIAL R~:CORD BOOX 328, PAGE 629, OF THE PUDLIC RECORDS OF COLLIER :OUIrl'¥o FLORIDA}. ~I(E"rL'I-I C~r t.~OAL DESCRiPtION {NOT A 5URVEY~ ~CALE' DR Alit4 BY: C~ECX£D BY; fiLE NC).; R. SG 14 iii 0 1998 . ® '® = ~-~. p®.: G ,® · l OCT 2 0 1998 SUNBELT BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY NAPLES, FLORIDA 33962 RECEIVED FROM St. James Enterprises Inc. ADDRESS 1120 Goodlette Ed .CITY Naples DATE 9/14/ .19 98 CHECK NO 1087 DESCRIPTION ?etttion VAC 98-024 INVOICE NO. FUND! COST CENTER OBJBS PROJECT ; C-' AMOUNT i , By Ter~t Meyer CUSTOt/,E~ C C.,.-- '.~ OCT 2 0 ;998 o06 85_ q, UITCLAIM DEED THIS QUITCLAIM DEED made this . day of , 1998, by the Board of County Commissioners of Collier County, Flodda, GRANTOR, and St. James Enterprises, Inc, a Florida Corporation, their successors and assigns, GRANTEE. WITNESSETH: That the GRANTOR, for and in consideration of Petition VAC 98-024 and the sum of Ten Dollars and other valuable consideration to it in hand paid by the GRANTEE, receipt of which is hereby acknowledged, hereby remises, releases and quitclaims unto GRANTEE forever, all dght, title, interest, claim and demand which the said GRANTOR has in that certain portion of a 20 foot wide Access and Maintenance Easement interest in, of, and about the following described lands being located in Collier County, Florida, to-wit: (See Exhibit "A" attached hereto and incorporated herein by reference) IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed in its name by the BOARD OF COUNTY COMMISSIONERS acting by the Chairman and Vice Chairman ol' said Board, the day and year aforesaid. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY.COMMISSIONERS COLLIER COUNTY, FLORIDA By:. BARBARA B. BERRY, Chairman OCT 2 0 1998 ,tg'Z~9 M ,,/..Z,tO.O0 $ J,N]R:~.~Y3 3DYNI¥¥O ]OI/~ ),OOJ 09 ~ 0 Z Ex~bn 'A" Sh~"~ I of I ','AC 984)24 OCT g o 1998 EXECISTIVE S[!MMARY PETITION \',,\(' 9,'q-020 'FO DIS('L.,\IM. RENOLiNCE AND VACATIi 'DIE ('OUNT'f'S AND TIlE PUBLIC'S IN'FEREST tN A PORTION OF ,,\ 10' WIDE PARCEL OF LAND ('ONV[!'fED TO COI.I.IER COUNTY AS A UTII.IT'f EASEMENT. R. ECORDED IN OFFICI..\L RE('ORD BOOK 1297. PAGES 1161 TItROUGIt 1164. PUtlLIC RECO[>,DS OF COI,LIER COUNTY. Ft. ORID..\. AND BEING I,OCATED [N TIlE ('OURTHOUSE SHADO\VS SHOPPING (:ENTER 1N SECTION 12. TOWNSHIP 50 SOUTH. RANGE 25 EAST. COI.LIER COUNTY. FLORIDA OB,IECTIVE' ro approve Petitionv..,'kC' 98-{)2/I and to ex(cute a Quitclaim Deed to vacate a pomon of Ih( above-described UIilitv Easement CONSiI)EI~,.kTIONS: Petition \'A(' 98-020 has been received by Pla,ming Services from Greg Jeppesen. El, of Coastai Engineering Consultants. Inc. as agent t~,r thc petitioner. ('oilier Development Corporation. requestinglhc va(axion r,t'a portion oftlne above-described 10' wide Utility Eascment t(, accommodate propnscd construction at the site There arc no l}tci}itics located within thc pomion oFlhe Utility Easement Iobc vacated l.etters off no objection have been received from all pertinent agencies. Zoning is P [iD. (Commercial Tract) FISCAL IMPACT: ('oilier County has collected a 51.000 "Petition to Vacate" fcc from the petitioner, which will be deposited in P, oad and Bridge Fund fi101-163610 This t~¢ covers recording and othc~ processing costs. (;RO~,VTI t 51.,\ NA(; E~! ENT I ~I P..\(;T: .x,'onc R ECOSI 5I ENDATION: Tl~at the Board of Count\ Commissioners: 1 Approxc Petition VAC 98-020 for thc xacat~on of' a portion of' thc above-described 10' \vide Litilitv Easement. and Authorize thc cx.:cut~on of' thc Quitclaim I)ccd bx ils Chairman and direct thc ('lcrk m thc ltoa)d to record thc (.)l~litC]31Ill [)ccd iI1 thc Pubhc Records PRF. PAR[':D B'f REVIE\VED BY Ritk Gri,.gg, P.S.M Planning Services Thomas Ii. Kuck. P.E.. En['mccring Review Manager DATE: DATE: OCT, 2, 0 ~998 ATTACHME~T C P~TITIO~! FORM FOR T|{E E×TINGUISP~MENT OF PUBLIC DEDICATED EASEMENTS RECORDED .By SEPARATE INSTRU~T PUBLIC RECORDS (OTHER T}{A~! ON A SUBDIVISION PLAT) ON U~;PL%TTE~ LAND OR PLATTED LANDS, ~XCEPT FOR PUBLIC ROADS Date Received: ~40~, U~Y /~, /~ Petition $:~_.~2~L petitioner CO~wr~e~3: .Collier. ~e.~.elQunent Corporation Address: JUu3 'l%~rr~n± 'iid±i i','U~ U~ Telephone: 261-4455 City/State: Map]es. Florida zip Code: 3410.3 Agent: Gre~ JeoDesen~ E.I., Coastal Er~/ineering C~onsu]ta~ts, Inc. Address:_ 3106 S. Hor~Ja~shoe Drive Telephone: 643-2324 City/State: Naoles. Florida Zip Code: 34104 Location of Subject Property: (burthouse Shadows SbopDinq Center Location: Section Legal Description: 12 Township .. 50S Range 2bE See att~cbeda leqai description. O~ficial Record Book 1297 Page(s) ii65-11bW Reason for Request: U~iiities no lo~er exist in t~e easement. Current Zoning: [~UD density? ~ Does this affect I Hereby Authorize Agent Above to Represent Me for this Petition: Yes >[ No Signature c~.~titioner (owner) Jeffre'; M. ~Yrr Print Name ~7~ce nresident CDl!ier Deuelo.r~rent OD (Title) Please see "Policy and Procedure of Vacation and Annulment" for the list of supportive materials which must accompany this petition, and deliver or mail to: Transportation Services Collier County Government Complex Naples, FL 33962 Telephone: (941) 774-8494 If applicant is a land trust, indicate the name of beneficiaries. If applicant is a corporation other than a public corporation, indicate the name of officers and major stockholders. If applicant is a partnership, limited partnership or other business entity, indicate the name of principals. List all other o~ners. 0C,r £ 0 998 BY: COLLIER COUNTTy GOVERNMENT P U B L 1Q.B'ZJ~J_{_K S June 9. 1998 Mr. Gregory.' D. Jeppesen. ILl. Coastal Engineering. Inc. 3106 South l lorscsh{m Drive Naples, Fl. 34104 3301 E. TAMIAMI TRAII. NAPLES. FL 34112 (941) 732-2575 FAX: (941) 732-2526 A CERTIFIED BI,lYE C}tiPCOMMI'NITY Rc: Vacation of a Porlion cfa I~) Foot Wide Utility ['Llscn:cnt Ibr 3;,,nlra:.,, Soy, er u,'ithi:: Courthouse Shadows Shopping Ccnter Dear Mr. Jcppcscn: This office has rcvicv:cd your request to vacate Iht abovc-rcfcrcnced ('ollicr County Utiliiv Easclllcnt. It is our undcrstanding that ttle existing manhole and sanitary sewer main has been moved. Ifthis:s the case. Ibc Collier County Water-Sewer District would have no facilities ,,'i:hi~ thc proposed vacated area and we. therefore, would have no objection to Iht vacation of thc Collier County Utility Easement. Should you have any further questions, please fcc] floc to contact Sincerely. '' · k 1' I C :::%...4. Public Work s ~cnior l ingi nccrin~ Tcchnician cc: Edward N. Finn. Public Works Operations [)ircctor Tim Clemens. Wastcwatcr Director Rick (;ngU. Transportation Services OCT 2 0 1998 COASTAL ENGINEERING CONSULTANTS INC May 28. 1998 Mr. Stan Chrzanowski, P.E. Collier County Cotnmunity and Environmental Services Division Planning Services l)epartment Engineering Review Section 2800 North Horseshoe Drive Naples, Florida 34104 RE: Proposed Vacation of a Portion of a 10 Foot Wide Utility Easement for Sanitar:,.' Sewer within Courthouse Shadows Shopping Center CEC File No. 98.064 Dear Mr. Chrzanowski: Please review the attached legal description and sketch for the proposed utility easement vacation located wilhin the above referenced property. The portion of the utility easement vacated previously contained a gravity' sewer line which has since been relocated. Upon your review', please contact our office with any' questions or concerns you ma,,' have regarding this vacation. If acceptable, please sign and return correspondence back lo our office. Thank you in advance for your prompt attention to this matter. Sincerely. Coa25tal Engineering Consultant.s, Inc. Grcgor~D. Jeppesen. E.I. Staff Engineer Attachments - ,,\s noted. SIGNATURE OF NO OBJECTION: I, Stan Chrzanows}5,j, have reviewed tile above and have Sig. naturc 31005 no objection to thc vacation of tile above OCT 18923 Collier, Jr. and ~,[iles Collier of the City of Everglades, Collier County, State of Florida (herein~fter c~led the Grantors), joined by Barbara ~. Collier, wife of Barren Collier, Jr., and lsgbel U. Collier, wife of ~iles Collier, (hereinafter called the wives of the Grantors) to[C~'~i'e'r.Deve~p~ent~Corporatlon, a Flbrlda corporation, having an office and place of business at Everglades, [~lorida (hcrein~ter called the Ornntee). f~ W I T N E S S E T H: ;-t The Gran~ors and the wives of the Grantors h~reby ~f-~rant, convey and transfer to the Grantee, its successors and ~ssigns, the following described lands situate, :.lying and being n Collier County, State of Florida: '..~ e following Lots in the City of Naples according to thc Plat ~--Jhcroof recorded in plat book 1, Page 8 of the Public Records of ~elller CountT, Florida: OLOCK TIER 11 8 17 2 17 3 19 3 19 5 19 6 gl 4 21 5 al 6 21 7 21 8 10, 11 & 12 9, 10, 11 & 12 -5 l, ~, 3, 4, 8 a9 1, 2, 3, 4, 5, & 6 6, 9, lO, ll, 12, 18 ~ 19 4, 5, 6, 7, a, 9, lO, ll, 1-~,.13, 16, 17, 18, 19, 20 & 21 20, 21 & 22 1, 2, 3, 4, 5, 6, 20, 21 & ~3, 14, 15, 16, l? a 18 OCT 2 0 1998 18923 City of Naples - continued: BLOCK TIER LOTS 23 3 11, 12, 21 and 22 23 5 11 and 12 23 6 6, 21 and 22 In the Ocean Vie'# Kddlton to the Town of llaples, accord!nE %c Plat filed in Plat Book I, Page ] of the Public Records of Co!liar County Florida, thc following: Lots 1 through 22, both inclusive of Block 1; Lots 3 and ~ of Block 3; Lots 5 through 14, both inclusive cf Block 5. Township ~0 South Ranze 2~ East Section 1 North Half (N~) of North East Quarter (NE~); West Half (W~) of North West Quarter (h-~) of North %Year Quarter (~M~); North Fast Quarter of Southwest Quarter (SW{~) of Northwest Quarter (h"~); South ~a!f (S~) of the Northeast Quarter (~) of the Northwest Quarter (~2~) and the Northeast Quarter (NE~) cf the Northeast Quarter (NE~) cf the Northwest Quarter (NW~). Township 50 South Ran? 25 East Section ~(Town of NaD!es) South Half (S~) of Gov't. Lot 1; Oov't. Lot 2 except the ;7~s~ 20 acres; Oov't. Lot 5 except ~iest 20 acres; Oov't. Lots 6, 7 and lC, exaept Highway right-of-way in iL; Oov't. Lot 9, except ~est ~0 nares. All Oov't. Lot 8, lying East of Naples ~ay. Tcwnsnip 50 South Range 25 East Section lO~To'.'zz of Naolesj ?factional East Half (E~), except Gov't. Lots !, 2, and 3. {Includes Gov't. Lots 4, 5, 6, and 7). - 2 - S~ t E OCr 2 0 1998 ~_~wnship'-50-South, · ~ .Ran[~e~,'25 'Ess t Section 1! ~ou%hwest ~ua~ter (S'fl~) oE No~thoast Quar%e~ (h~) of Northwest Quarter (I;'~l~) except that portion lyin~ South of U. ~. Hi~,way Southeast Quarter (SE;] of Southwest Quarter (SW~) of Northwest Quarter (NW~.); Northoa~t Quarter (~) of Northeast Q~rter (:~) of South,est Quarter (S';;~); West Half (W~) of Northeast Quarter (NE~) of Southwest Quarter (SW~); East Half (E~) of Northwest Quoter of South,est Quarter (S,V~); Southwest Quarter (SW~) of Southwest quarter (SW~.); South~st Quarter (SW~) of Northwest Quarter (~¢~) of Southwest Quarter (SW~); West Half (W~) of Southeast Quarter (SE~) of Southwest Quoter (S',';~); Lots ~ and 5 of Block B of Inomah Subdivision as recorded In Plat Book 2 on Page 82 of the Public Records of Collier County, Florida. c'T6~n~s~'i'o~"9© 'SoutW..~?:'.'k'. ..... "Range*25 Ess t All lying South and ',¥est of U. S. Highway 41. Section 12 ~r'dtrnshlo ~O:"'g'~O';c;~:CO~::'.' L'.L Range"2~ East Section 1} All lying South and .~'est cf U. S. Highway ~1 except ,;est Half (',~'~) cf h'est Half (W~-) of ;~est Half (W½) of Northwest Quarter Townshis 50 South Ranse 25 East Section 1[~ Northeast Quarter (~;Z~) of Southwest Quarter (SW~); West Half ('H½) of N~rthwest Quarter (,';W%-); Scutheast Quarter (SE~) of Northwest ~uarter (.V,V~)' Northwest Quarter {:;:/;~) of Northeast Cuarter (,,m;-) of ]iorthwest Quarter (NW¼); Lots ~, ~6, 57, ~8, 59 and 116 of Naples Grove and Truck Company Little Farms #2. T¢,wnshlo ~O South Range 2~ E.ast Section 15(Town of Naples) Ocv,t. Lots 1 and 2; That portion of ~ov't. Lot 3 lying East of Boat Channel; Gov,t. Lot ~ except the East Half (E-.~) of the Southeast ~uarter (SE~) of the Southeast Quarter (SE~) - 3- OCT 2 0 1998 Township 50 South RanEe 25 East Section 22(Town of Naoles) Oov't.Lot 1; Gov~t.Lot 2, except that portion deed to J. O. Sample May ~3, 19~9, by Collier Corporation; Oov't. Lot 3, except Northeast Quarter(h~) of Southeast Quarter (SE~) of ttortheast Quarter Oov,t. Lot 8, except T. E. Walton 10 acrea. Township 50 South RanKe 25 East Section 23 West Half (W~) except Morth Half (N~) of Southwest Quarter (S~} of ~orthwest Quarter (NW~). Lot 60 of Naples O~ove and Truck Company,s Little Farms Number 2 according to Plat recorded in Plat 3ook l, Page 27 of the Public Records of Collier County, Florida. Township 50 South Ra___:n~e 2~ East Section All Townshi~ ~0 South Ranme 25 East Section All ~'ownshlp 50 South Oov,t. Lots 2 and Range ,2~ East Section 2?(Town of ?iaoles) Townshio 52 South RanEe 27 East Section 18 Gov't. Lot 14 exceFt A'~u~iliar/ Lo~ 3 and ~ thereof and except oil, gzs and mineral rights and exceptin.5 the Ooodland Heights Subdivision acccrdln,Z to the Plat thereof as recorded in P!&~ Book 1, ?a~e ~5 of the Public Records of Collier County. Township.46 South Ean2e 28 East Sectiom 26 The West Three Quarters (W 3~$) of the Southwest Quarter (SW~) of the Southeast~.'Quarter {S~-' . Township J~6 South Range 28 East Southeast Quarter (SE~) fractional. Section 34 20. 1998 / ~ Township 46 South Ran.~e 28 East Section 35 The South Half (S~) fractional. Township ~6 .South Ran~.e 28 East Section )~ The Southwest Quarter (SW~) of tho Northwest Quarter excepting }{iF)away right-of-way. Township 46 South Range 29 Ea~% Section 8 The South Half (S~) except Highway rift-of-way. Town,hip. 4~ South Ra~ ~9 Ea~. Section 17 All ~xcept Highway ri~zt-of-way. Townshio k6 South Range 29 East Section 20 The South Half (S~) except Highway ~ght-of-w~y. Township ~6 South Ranse 29 East Section 28 All except Ne~arket Subdivision and Highway rift-of-way. Township [~6 South Range 29 East All except Higjnway right-of-way. Townshio k6 South Rs.nEe 29 East Section 25 Section Tho Northwest Quarter (h";~) and the South Half (S½) of the ?iortheas~t Quarter (NE¼) cxcoptlnE oil rights to South Half (S½) of ,, ..... cast Quarter (NE~) reserved to previous owners. Township k6 South Ranxe 29 East Section )2 The Southwest Quarter (SW~) 'of the Southwest Quarter (SW~) of the Northeast Quarter (NE~) and the Southeast Quarter (SE~) of thc South- east Quarter (SE~) of the ~;orthwest Quarter (~) excepting Highway right-of-way. 0c ' 2 0 998 Townshio k6 South Range 29 East Section 3] The North Half (N~) and Southeast Quarter (SE~) excepting that ~ portion included in the Newmakket Subdivision at Immokalee, Collier. County, Florida as recorded in Plat Book 1 on Pages 1eh and I0~ of the Public Records of Collier County. ?ownsbiP 1~6 ,S,o~,h Ran2e 29 East Section )~ All except A.C.L. right-of-way and except that portion as described in Deed of date April 27, 19~3 from Collier Corporation to U. S. Government as described ~n Deed Book ! on Page 11~ of the Public [~ecords of Collier County and except that portion included in the Newmarket Subdivision at I~mokalee, Collier County, Florida as record~in plat Book 1 on Pages lO~ and 105 of the Public Records of Coil[er County and except that land'described in Deed of date July 3, 1951 from Collier Corporation to State Agricultural !~arketing Board. Township 47 South RanEe 29 East Section ~. The East Half (E~) of the Northwest Quarter (h5¥~) lying east of Newmarket Subdivision and East of A.C.L. Railroad bight-of-way and being West of ditch, excepting land desoribed in Deed of date February 8, 1951 to Wright P~p Company and excepting land described in Deed dated July 3, 1951 to State of Florida Agricultural ;.larketlnE Board. The East Half (E~) of Nortaeast Quarter (NE~) of Southeast quarter(SZ~) of Southwest Quarter (S'0'I~); Northeast quarter (NE,)of Southwest quarter (SW~) South of A.C.L.. right-of-way excepting that land described in Deed of date [,[arch 1~, 1951 from Collier Corporation to A.C.L.Railroad; Southeast Quarter {SE~) South of A.C.L. right-of-way; East Half (E~) of Southeast Quarter (SE~} North of A.C.L. right-of-way and South of State Highway number 29; Southeast Quarter (SE~) North of Hi f. hway 29 excepting Highway right-of-way for State Road 8~6 and ex- copting 3.21 acrea described in Deed Book 17 Page 380 of the Public R.cords of Collier County. -6- OCT Z 0 i998 7 18923 Township k7 South Ran,~e 29 East Section [~ Lots 1 through 6, and 1~ throu'~h 16, both inclusive of 5lock i of Fred dhidden's Subdivision according to Plat thereof recorded in ?!at Book Page 35 of the Public Records of Collier County, Florida Township ~? South Range 29. East Section ~ Southwest Quarter(SVl~) of Northeast quarter(h~); Southeast C.u~rtar(SE~). Township k? South Rance 29 East Section 9 Ali. except the North Half ()I~) of the North Half ();~) of the );orthcast ~uorter(NE,I). of the Northeast Quarter (R'E~) and except ~h.~ - South ~alf(S~) of the ~<orth'#est Quarter(~F,V~) of the Northeast ,Quarter (~E~) Northeast Q~rter (~E~). Township k7 South Range 29 East Section 11 All except A.C.L. Right-of-way and except Northwest Quar:er(~,y~) of Soutawest Quarter (S7~) of Northwest Quarter (NW~). Township ~2 South Range 29 East Section 2~ South Half (S~) except U.S. Hi~nway ~1 and State Road 29 and czn~! and A.C.L. Rights-of-way. Town,hiD ~8 South Range 25 East Section 21 All ,~xcept the Lloyd Ruby p~-cel as recorded in De~d Book 2~, 317 of the Public ~ecord$ of Collier County, Florida. Townnhlo k~ Sou~n 2mn2e 2~ East Section 22 Ail except Northeast Qu~-~er (Sql) of Southeas~ Quarter ($E~) gnd except A.C.!,. RIEht-of-way and except %¥est Half (W~) of Southwea: Quzr:er (SW~) of Nortnwest Quarter (?b7~) and except West 80 feet of East Half(E~) of South- wc~t Quarter (SW~) of ;~orthwest Quarter (~f,?~) lyinf South cf Horse Creek, and except Right-of-way to Florida Power & Light Co. by Deed ^ugus~ 24, 1953. Towsshio ~5 South Range 2{ East Section 27 except All except A.C.L.Right-of-w~y, and/Florida Power !: LL.-ht Cz. by Deed dated Auju~t Toansi~[o k8 South Ran=e 25 East Section 32 All fractional lying ..';orth of Vanderbllt Beach Road excep~ d~ncr:b~d in Doed of date ~'~ovembor 23,19~ from Collier J. ~'. Conner and Son. - 7- OCT 2 0 1998 18923 Township k8 South R~n:~e 2~ East Section ~ All lying :forth of the Vanderbllt Beach Road except Uorth "~ ~ of North Half (N~). Town~hlp ~ South Range 2~ East Section ]~ Ail ,xc~pt A.C.L. ri&hr-of-way, and except right-of-way to Florld~ Po~er Ll~t Company by Deed dated August 2~, 1953. T°~nsh[P ~9 South Ranse 2~ East Section ). All except A.C.L. right-of-way, ahd' ~xcept r[~ht-of-way to Florida Power ~ Light Company by deed dated Au~st 2~, 1953. township ~9 South Ra~e 2~ East S~ctton 10 All East of A.C.L. right-of-way exc~pting Right-of-way to Florida Power ~a~ Li~t Company by Deed dated August 2~, 1953. Yo~h~p ~9 South ~n~ 2~ s~t s~ctiO~ ,~,,. (NE~) of Southeast Quarter (SE~) E~t of Oordona River; Northeast .~uarter {NE~) of Southeast Quarter (SE~) of Southeast Quarter East Half (E~) of Southwsst Quarter {S',~) of Sohtheast Qnarter ',Vest Half (W~} of Southeast Quarter (SE~) of Southeast Quarter {SE{.}. To~mshl~ ~9 South Range 25 East Section 35 North Half {N~) and that portion of land of the South Half (S~) lying East of the ',Ve~ ~'-e of Railroad right-of-way and S .... Grounds Townshlo ~ South "an~e 29 East Section ]~ All except the South Half (S~) of Southwest Quoter (SV~} cf tXe Southwest Ruarter (S',V~) of Southwest Quarter (STf~); Soutkeast Quarter (:;E~) of Southwest Quarter (SW-~-) of Southwest Quarter (S~V-~). T~.wnship 50 South ~m~e 26 East Sections 19, 20, 20, Al. 1 -8- OCT 2 0 1998 Five parcels of lands an Chokoloskee Island particularly described ~$ follows: 1. Co~nencinE at an iron pipe monument on the Southwest side of Chokoloskee Island on the shoreline Three huhdred forty-.three'feet Northwesterly from where the East bo~dary line of Dot n~ubered Ten of Smallwood's Division of that part of ChokoYo~kee Island In Section '?hirty-six, Township Fifty-three Sou~h, R~ge Twenty-nine East, Callahasscc ~cridian, reaches Chokoloskce Bay; thence North, Fifty-fo~ degrees East, Fo~- Hundred seventy three feet to a O~mbolimbo Past monument on the South boundary of a Thirty-three foot roadway; thence Horthwesterly, along the South boundary of said roadway, Five hundred ~'lfty-flve feet to an Iror. pipe monument on the Bay shore!ina on the Northwest side of Chokoloskee Island; thence Southwesterly along Bay Shoreline Eighty-two feet to z point of Chokoloskee Island; thence ~outheasterly along 3ay shoreline of Chokoloskee island, Three hundred ~lncty-six feet to the point of beginning; The Pint, above =~entloned Lot n~bered Ten being recorded in Plat Book One at Page Twenty-~even cf Collier County, Florida, Public Records. (Together with all riparian ri~ts.) 2. A part of Chokolc~kee Island within the Nortnwes~ Quarter ('.;W~-) of the Southwest Quarter (SW~) of Section 31, Town~hlp 53 South, 2~nge 30 East, described as beginning at the Southwest corner of Lot Five (~) of 5mallwood's Subdivision, Plat Book l, Page 20, In Section 3~, thence East 182 feet to the edge of Chokoloskee Bay; Thence South- west alon~ edge of Bay 1~ feet, thence Northwesterly to point of beginning; also Lot Nu.uber 5 of Chokoloskee, being in ~'est 2alf(W~) of Northwest Quarter (N'~) of Section 31, Township 5~ South, Range E~st, according to the ~,%ap o~ Plat of said Chokoloskee on file and recorded la the office of the Clerk of the Circuit Court of Lee County, FLorida, In Plat Book !, Page 20, exceptinZ therefrom ~e following to-wit: Beginning at thc Southwest corner of said Lot 5, thence E(tst 182 feet to. the edge of Chokolo~kee Bay, thence North~a~t~l~ OCT 0 1998 - 9 - along the edge of said Bay 2~ feet to point of beginning, thence Northeasterly along said Bay 100 feet, thence Northwesterly 90 feet, thence Southwesterly 112 feet, thence Southeasterly 90 feet to the point of beginning. Tc~ether with all riparian rights. 3. From a stake on the Northwest shore line of Chokoioskee Island nine feet Southwesterly from the East boundary of Range 29, Township 53 South reaches Chokoloskee Bay, run Southwesterly along the Northwest shore line of Chokoloskee Island 259 feet to a stake at the Northwesterly corner of Lores O. Brown's Lot as described in Deed ~ook 10, Page 429 of the Public.Records of Collier County, Florida, for a point of beginning of the land hereby described; thence run Southeasterly along the ~esterly llne of Lores G. Brown's Lot 100 feet to the Southwesterly corner thereof; thence run Northeasterly ~onE the Southeasterly line of said Lores O. Brown's Lot 50 feet to the South- easterly corner thereof in the Westerly line of Robert ~nompsoa's Lot; thence run Southeasterly along the ~esterly line of said Lot of Robert Thompson 213.3 feet; thence run at right angles to said line in a Southwesterly direction l~ feet to the Southwesterly corner of the Lot herein described, thence run in a Northwesterly direction, parallel with the Westerly llne of Robert Thompson's Lot 313.3 feet to shore line of Chokoloskee ~ay, thence meandering in a ~;orth,~esterly direction alesE the shore line of Chokoloskee Bay 10~ feet to the Northwesterly corner of Lores O. Brown's Lot which is the point of beginning of the land herein described, containing one acre being a part of Lot 1 of S:nallwood's Subdivision of the E½ of NorthQ east Quarter (N~) of Section 36, Township 53 South, Ret-se 29 East, as said subdivision $$ recorded in Plat Book 1, Page 2? of Collier County Records. Together with all riparian rights. - 10 - 1998 /2' 4. From a stake on the Northwest short line of Chokoloskee Island nine feet Southwesterly from East boundary of Range 29, Township 53 South, ~eaches Chokoloskee Bay, run $outhwssterly along the Northwest Shore line of Chokoloskee island 209 fee~ to a stake at the North'.Tes~er!y corner of Robert Thompson's Lot, for a point of beginnizE of the land herein described; thence run Southeasterly alonE the Westerly line of Robert Thompson's Lot 100 feet, thence at ribht angles South%,esterly 50 feet, thence Northwesterly, parallel ~o th~ ~esterly line of Robert Lot 100 feet to the No~ti~wester!y shore line of Chokoloskee Island, thence Northeasterly alonE the meandsr lins of Chokoloskee Bay to the point of beginning of the land herein'describsd; gsther with all riparian rights, being ~art of Lot 1 of Small- wood's Subdivision of E~t Half (E~) of Northeast Quarter of Section 36, Township ~3 South, Range 29 East. ~. Commencing at a st&k~ on tbs Northwest shore of Chokoloskee island nine feet Southwesterly from where the East boundary of Range 29,Township 53 reaches Chokoloskee Bay, thence run Southwesterly alonE the Northwest shore of Chokoloskee isiaad 209 feet to a stake,thence Southeasterly 417 feet to a stake,thence Northeasterly 24 feet to the Range Line,thence continue Northeasterly !85 feet to a ~ake,thence Northwesterly 417 feet to the point of beginnizs, containing t~o acres more or less an~ being ~ part of Lot 1 of Small'.voDd's Subdivision of the West Half(~)of the Northwest Quarter(M,V~)cf Section 31 in Towns~'-~P 53 South,~n~e 30 East, and a part of Lot 1 of Smail-~¥ood's Subdivision of thc East Half(E~) of the Northeast Quarter(?~of Section 36 in Township 53 South,Rzn~e 29 East. Together wl~ any anl all buildings situate thereon. TOGETHER with ~ny and all right, title and interest of the Grantors and the wives of the Grantors in and to any and all buildings and improve merits on or to said lands, and any and all fixtures and p~rsonal property on and used in connection ~th said lands; Together w£th all and singuiar, the tenements,here appurtenances thereunto belon~in~ or in any wise ap~rt the estate,r£g~t,title,lnterest,do~er ~nd rI~t of do~e property, possession,claim and demand ~h~soaver, as we - and ~1~ox- ... equity, of the Grantors and the wives of the Grantors, of, in and to tho same and every part and parcel ~.ereof with the appurtenances; TO P~VE ~.;D TO HOLD the above granted, and described premises, ';:ith the appurtenances, unto tke its successors and assigns, to its own proper use, bene£' behoof forever. IN WITNESS ',:~E~EOF, the Grantors and the wives of the Orantors have hereunto set their hands and seals the day &hi )'ear first abovo written. ~iles Collier Barbara ~. CoLlier Isaoel U. Collier Signed, sealed and delivered in the presence of us: - 12 - OCT 0 1998 STATE OF FLORIDA ) ) COUq~Y OF COLL!?.) I h=reby cerbify tha~ on this day before me, an officer duly authorized in the State .-nd County afcr~_s'_-id to t~_ko ackno'.71ed~.nent,, personal!7 appeared ~_amron Cc!!ier, Jr., Hlles Collie:', I-,abel U. Collier and Barbara .q. Collier, to me kno~m to be the persons described in z.nd ~ho eh:cured the fore_coln~, deed and they severally EcF_no~ledzed ts ne ~hat they executed the same. iN 'A~-Ti~-SS WF~--REOF, I have hereunbo set mT h~-nd and affixed my official seal this 15th day of Octobs.-, STATE OF FLORIDA. COUNTY OF COLLi~ ~lled fo.- ;..ecord thls_ ,.?': ..... ca'; of P. ge_...1..1...8____~n~ >:e, co:'d Varig'led.- · · ,'~'-'2'" ." ~,. .~ .'?%% ' - .,:, '~ . ., -, ., ~ .";.< · : .. : ..j . · .¥. ;-~ .'. · ":, '%?.'.?..._ ,£. · . :. , ..' ,. ~,~ /7 tFlO .... 001297 C01161 OR BOOK PAGE KNOW Al,l, MEH BY THESE P9E$£NTS that Collier Oevelopmcnt Corporation, for and In coneideration of the ~um of One ($1.00) and ~ther good and valuabl~ consideration, has tht[~ dny ~ given and granted unto the Board of County Comm[~lOilef~ ~ ~ Colli.r County with its pac-man,at post office address at Co~)~er C~nty Courthouse, Nap)es, Fio~£da, a non-exC)USiVe Util ~t7 easement in. over, and across the real property, lying and being in Collier County. Florida and more pamticu]arly described on the &ttachsd Exhibit T~s said Grantors do hereby fully war,ant the title ~o land, and wi]i de,end the sa~e against the lawful claims of persons whomsoever. This utility easement is granted ~or the purpose ~lntaining end opa r~ting gravity meweFs, manholes, pump station and ~orce ~a[~. This easement prohibits the construction above a~ be~o~ ground o~ ~anent structures ~ithin its boundarie~ which would in any way inter,ere ~ith the operation and ~Jntenance o~ th~ utility IN WITNESS WH~OF, we have hereunto mat our hand= and - day o~ ~,~ ~98~. COLLIE~ DEVELO~NT CORPORATION . ~'ffT-~" "" "'~ "~,,'.,~.~'.,....~C'.... Vice President Collier Development Corporation 2 0 1998 .': O0 I Zg? O0 I OR 800K PAOE EXHIBIT ^ I o! ,' COASTAL ENG INEERING CONSULTANTS, INC. A Strip of land, lO.GO feet wide in the Southwest quarter of SecLion 12, To--ship 50 South, Rengo 25 Eamt, Collier County, florida, lying S.OO on each side o[ the fotlowtng described Centor~ine: Cc~.ll~encing st · co,crete mon~ent marking th~ Southwest corner Of Section 12 run 5~9 5Y'12 ~ ~]on,~ the ~ou~h line o[ ~ld S~cL~n distance of 95~.81 ~e~t to ¢ conccet~ monument ~t the Southwesterly line ~22.82 [eel Lo th~ Point of Beginning of the her~[n described CenteEline; thence S8',' O4'35'W 40.88 (*eel; thenc~ S~O~36'37'W 10.OO feet to a point heco[n called Point 'A'; thence 539-O3'31"E 250.00 feet to ~ Point o~ Te~inat[on; thence ~tu~n to said Point "A' and S50-36'37'W 284.94 ~eet to a point he~ein called Po[nt 'B'; thence N]6°OS'13'W 125.OO ~e~t to a Point o~ Term[nat~on. thanes ~tu~n to said Point =B' and run ~38'59'Ol=E 570.00 ~eet to the ~'oint ~ Te~mtnation the herein descc{bed Centecline. CONSULTANTS, INC. ~dg.us~>4., xgs7 ,Cou:thouae Shadows S&a~tary So-er ~asemont 2 0 1998 CI311¥-ldNQ W W O~ Z W W DO NOT DETACH ,t .'H~u HC)¥.t. 3Q &ON 0(3 + . .: . ) ,"~ U',..~",~ ~ c~c~Z r-I VIZI--t P r-Z n.J FLJ I-.- 0 OCT 2 0 1998 P~ / I g z ~.~ U~ O0 0 m ~'-~ 0 0 0 0 0 ~u 0 0 0 0 E3 E3 RE ORDER (80oi 4~fl 0336 SUNBELT BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY NAPLES, FLORIDA 33962 RECEIVED FROM Collier Develop_m_e_n_t_._C~j;2_~ ADDRESS 3003 Tamiami Trail NCITY ~a~les DATE 8/13 ,19 98 CHECK NO. 000369 DESCRIPTION Petition VAC 98-020 INVOICE NO. FUND COST CENTER OBJBS PROJECT 101 163610 329100 00000 -~, 000 OCT g 0 1998 AMOUNT 1,000.00 Terr/ .M e~_e_~ ........................ CUSTOMER COP','~ Pg.1 0 g ~ 8~.~, ~UITCLAIM DEED THIS QUITCLAIM DEED made this day of ,1998, by the Board of County Commissioners of Collier County, Flodda, GRANTOR, and Collier Development Corporation, their successors and assigns, GRANTEE. WlTNESSETH: That the GRANTOR, for and in consideration of Petition VAC 98-020 and the sum of Ten Dollars and other valuable consideration to it in hand paid by the GRANTEE, receipt of which is hereby acknowledged, hereby remises, releases and quitclaims unto GRANTEE forever, all dght, title, interest, claim and demand which the said GRANTOR has in that certain portion of a 10' wide Utility Easement interest in, of, and about the following described lands being located in Collier County, Flodda, to-wit: (See Exhibit "A" attached hereto and incorporated herein by reference) IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed in its name by the BOARD OF COUNTY COMMISSIONERS acting by the Chairman and Vice Chairman of said Board, the day and year aforesaid. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. BARBARA B. BERRY, Chairman Prepared by: Hsidi F. Ashton, [sqiJ~re [' "s. of" the Cottr, t} Attorney ~::~.!us, Florida 34112 (941) 774-84~ ~, C, £ ',, D*, OCT 2 0 ]998 COASTAL ENGINEERING CONSULTANTS INC OFFICE MAX PORTION OF A 10 FOOT WIDE UTILITY EASEMENT FOIl SANITARY SEWER TO BE VACATED DESCRIPTION Ex:h/bk Shc,~ Iof2 VAC 994320 That part of the 10 foot wide utility easement for sanitary, sewer as recorded in O.R. Book 1297, Pages 1161 through 1164 of the Public Records of Collier County, Florida and being situated in Tract "B" of Courthouse Shadows as recorded in Plat Book 29, Pages 40 and 41 of said Public Records lying 5.00 feet on each side of the following described centerline: Commencing at a concrete monument marking the southwest comer of said Section 12 run S89°59'12"E along the south line of said Section 12 for 331.40 feet to an intersection with the westerly line of said Tract "B"; thence along said line NOO°I5'36"W 11.05 feet; thence N50°56'29"E 151.64 feet to an intersection with the centerline of said 10 foot wide utility easement for sanitary sewer; thence along said centerline S38°59'01"E 72.27 feet to the POINT OF BEGINNING; thence continue S38°59'01"E 56.57 feet to the POINT OF TERMINATION. The above area describes approximately 566 square feet of land. Subject to easements, restrictions and reservations of record. COASTAL ENOINEE~NO CONSULTANT$;-IN(~i'.'. .... .. FLOP~A BUS~A~UTHORIZATION'[4~D. CLB.~a6'4'. I ~ ~ ~ ~ ' .: .Z.'..: % ".", '. ;..'..... ~chard J. Ewing,~P. % :' .' :"C ,'_: ~ ~7,~ :'. Professional Su~eyor and Maooer/ i ~ {~5 ' ':; '/ i!; :. Flortda Cemficate No. 5295 ;. '. ;. ..,,~ .~ · - ,~: ,. NOT V~ID WITHOUT TI~ SIGNAT~][~ ...... <~ ..','." ".. ' T~ O~GINAL ~ED SE~ OF A LICENSED SURVEYORA~~PER'" '-..'" CEC File No. 98.064 Date: ~'/7- 7~ OCT 2 0 1998 3106 S. HORSESHOE Dr?IVE . NAPLES. FLORIDA 34104. (941) 643-2324 · FAX (041) 13-1143 liii EXECUTIVE SUMMARY REQUEST TO ACCEPT A FAIR SHARE CONTRIBUTION FOR ROAD CONSTRUCTION AS REQUIRED BY A DEDICATION AND APPROVAL OF A SATISFACTION OF THF. DEDICATION CONDITION. OBJECTIVE: To accept payment in thc amount of $12,176.43 ,as the fair share contribution required to be paid by a condition contained in a dedication of the right-of-way for Championship Drive, and to approve a notice to be rccordcd in thc public records. CONSI DERATI ONS: In 1990, tile Wilson Miller Barton Soil & Peek Profit-Sharing Plan, as owner of the Southwoods PUD dedicated a strip of land to the County immediately north of Championship Drive. The reason for this dedication was that, at tile time Marriot was doing the golf course, there was insufficient right-of-way on Championship Drive. A copy of the dedication is attached. The dedication contains a provision to the effect that thc developer of Southwoods (or it successor) would be limitcd to building permits for not more th,xn the equivalent of 150 residential units unless. and until, one of three conditions occurs. Since conditions (a) and (c) (see page I1 of Executive Summary) arc not feasible, thc only way to satisfy the condition is to satisfy condition (b) and contribute a fair share of the cost of the construction of an additional two lanes in the Dedicated Area. Subseau.:~,t to tile Dedication, the project was sold and it is now being developed as a luxury recreational vehicle park known as Pelican Lake. As successors, the new owners are responsible for satisfying thc condition of thc Dedication. The development is approaching thc point where thc condition must be satisfied in order that building permits may continue to be issued. This is ;lot a payment in licu of Road Impact Fees. The developer remains responsible for Road Impact Fees upon tile issuance of building permits. Determining thc "fair share" involves two calculations. First, the cost of constructing two additional lanes in the Dedicated Area must be determined, and second, the fair share of that cost to be contributed by Pelican Lake must be determined. Thc total construction cost was determined by all, engineer's cstimatc prcparcd by Agnoli, Barber and Brundage, Inc. A copy of the estimate is attached, and totals $173,949. The fair share to be contributed by Pelican Lake was determined by calculating i' the percentage of total traffic on Championship Drive that would be contributed by Pelican Lake. This calculation was also done by Agnoli, Barber and Brundage, Inc., and is contained in the letter from that firm dated August 25, 1998 (copy attached). Applying that percentage results in a fair share; contribution being $12,176.43. These calculations have been reviewed and approved by thc Transportation Department (see letter attached). In order to show Ibc fidlilhnent of lhe condition in the public records, a dcclaralion to that ett'ecl will need to be recorded A proposed nolice to lhat eft'ecl is attached FISCAl, INIPACT: These funds will be available for improvements to Championship Drive if necessary. It' such improvements are not necessary, timy will be available for other road improvement purposes GROWTIt MANAGI-L~IENI' IMPACT: None Il ISTORIC/A RCtiA [COI~OGICAI, IM i'ACI': Staff's analysis indicates that thc petitioner's properly is localcd outside an area of historical and archaeological probability as referenced on the oltScial Collier ('ountv Probability ,",lat) Therefore. no Historical/Archaeological Survev and Assessment is required PLANNING COMMISSION IIECOSISII-iNI),.XTION: That the Board accept the payment of S12,176.43 and approve the execution of the attachedi Satisfaction of'Dedication Condition. lo be delix'¢r0:d to Pelican Lake and recorded at its expense, upon: the payment ofSI2,176.43 PREPARED TilOMAS E. K[iCK, P.K. 1).-\TIC ENGINEERING REVII,:~V 5I,-\NA(;KI//COI;NT~' KNGINEEi;~ REVIEWED IIY: PLANNING SERVICES I) EPA RTM ENT DI t,ll.iCTO R APPROVEDJI'~': VINCENT A. CAUTERO, AICP, A DSIINISTI~.-~,I'OR COSISII. INITY DEV. AND ENVIRON.',IENT..\I, SV(TS. TEK den 1'~ X far ic'~. I{X SI rNI hi ..',, R II i."; DATE D..\TE" OCT 2 0 1998 Pg. ~ C, OLIflER COUNTY GOVERNMENT 'I't{A N S P O I'~.TAT I ()N 13 I".I'AI~'I'M ENT 3311I I';. TAMIAMi 'i'IIAiL NAPLES, (',:)41 ~ PAX (.q4 1 September 29, l')98 Dmmld A. Pickworlh, P.A. :)RI 1 Pcllc:ul Bay l,l,mlvv.:ld, Suite '2 I0 Nap]e& FI. 341 P.e: Pe~'ca ~ I ale,; I~.V Park Prol]orlionale Share F, nadway ('Msts DcuJ' Mr. Pick,.,,c, rth 'l'liank you Ibr yc,~r Icrlcr of August 21. 19')8 aim I'~; lin,riding Agm~l~. Barber a~M Brulldztgc's revls..d cost cslimatc. We have reviewed Ibc rcvisod e. Sl~lla£¢s and we lake IlO CXCcpllOll. informati~m subn~iltcd. Il'ds ol'ficc has no obj¢ctu.m Io your l')edit:::tfor~ Provi ~io:'. ,1 Iffl~crc arc an~, tj~R':'liOrlS Ol i[you .s¢tzk addilRmnl ~r~formalialh please cout,t,I ~l'~' .il '74- R 494. Very [r~ly Edward J. K i~b/', t' Tr;lllSpOll;ttioll cc: File: Pelic.~¢~ [.;lkcs RV Park (ll, a S,~:ttli~,n~d:4 RV Park) OCT 2 0 1998 August 18, 1998 Mr. Dcmald A. Pickw~,rth. Esq. 58,11 F'elican l~,:-,y Blvd. Suite 21{) Naples. FI. 341 Rli: Pelican I.akcs {tx.' I'ark. ABB PN 7719/X002 Dear Don: I{3 response lo I.d Kan'.', loiter to xou on ..Xugtzst 3. 1998. here is Ibc additional inti)rmation require& 'I'o determine thc residential equivalency between thc l(\" l'ark and thc "residential unit" it was assumed thc "rcsidcmial unit" was a single lhmilv detached unit. Thc [)cdication is triggered at 150 "residential trails". ( )n thc average, thc trips generated bx I 5(1 single /hmilv clctachcd clwclling unil5 cqtxitl, i4.;5 daily trips. (l.l *C 2t11. ITt: Trip (}cncratimm. (,'" }'.d) I'hc average Nlobilc I h,n~c Park 1{ .I '(' 240. [~}!.'~J'[.ip (iCngrlt~g3. t( Ix{. } generates 4.81 trips l,Cr dx~clling unit. If you divide 1,135 trips by 4.81 trips per chvclling unit. thc equivalent chvclling ttllils equals 208. 'lbo methodology lbr dcwrmining thc fair share contribution and trip assignments assumed that access to ('hampionsh~p I)rivc was not it)tally limited t,, NR 951. At thal time it was not know n that }"iddlcm"s ('r'cck xx,mJd he gated at thc end ,>f('hampionship [)rixc which wo~ld not allt,xk access to Pelican ].akcs (~thcr than from SR 051. Adjusting thc percentage from u()', to 100% It,lal \"olumc 24 hour q0 on ('hamp. Pelican l,akcs 1.435 Fiddler's Creek 60.183 30 Marriott Marco 40 643 1 O0 Main Ollicc: 7.IOU i, L'm,: l).u[ N..Smlc 2(lO, Naplc,..lh,!,d.,.';'ll(l?; . ;0,11).q97.3111 · I:,SX (9'ii I.cc(~().nh': J6.:i' )1 :: h~ %' %':iW IOJ l',,:l M}c~%l'baLl 4.~')l}] · 1','4J),"1.~¢ J J7);, J'h>i OCT 2 0 1998 !;...~():~ /W/ .~.l~ II.nul, I..I I'wls~.rth I.W Thc additional 10 % <,t' Iral'l]c docs no! cl'i;.u'lge thc percentage of thc total cost. The attached cost cstimalc has bccn chan~cd to reflect thc additional cnginecrin~ services required. if you have anx l'urthvr ctucstions please d¢~ n¢~t hcsitatk' t(~ contact mc. Sincerely. AGNOI,I, tL,~RBI:R ,k I~RI;NI)ACiI.,, INf', I,isa S. Bcrnstcin. [;l CC: Bruce .I. Nicili~m~. ,,\I('P /..5,'lt,',l.t Wl)fl,~.9£4K~ L TR OCT 2 0 1998 OCT ~ 0 1998 /'... OCT 2 0 1998 I .q..\'I"I.SF,,\CTI©N C)F I')Ff)I¢'..\TIC)N CONI')I'I'I(')N Know All .%ten Bv These Presents: ]'hat thc Board of('ounlv Commmsloncrs of(_'olllcr ('oun~,,. Florida as thc go,.'¢~mg bt)d,, o:'Collicr Count,,,', Florida. and Ex-(')fficio the Governing Board of thc Water-Sewer Dmtrict (}:crcmaftcr "l)edicatce"), ti~c Dcdlcatcc in a certain Dcd~catmn executed bv ".','~Ibur M. Chrlstmnsen. Jr.. and GaD' l.. Danca. as Trustees of tl~e \VMBS&P Profit Sharing Plan a'nd 'Irus~ (hereinafter "Ded~cator"l bearing the date of October 1, 1990 recorded in Oflicial Records Book 1572. Pages 2253 through 2260. of the Public Recnrds of ('.'oll~cr County, Florida. pertaining to thc propcrt) situate in said State and County described as follows, to-,.vit: ,fil:,T:, F. Xt IIBIT hereby ackno',,.'icdgc.~ '['hat [)educator ( through ~ts successor ~ has satisfied Paragraph 4tb~ of thc [)cd~cat~on by making a l'a~r share comr~but~on as required bv said l'aragraph 4, (b). ~A,'ITNESS my hand anj seal. th~s ...... da\ of. ........... A.D., 199~. Board oF County Comrnissl(mcrs oF Collier C'ount,. t' Iorlda / ,.VI'I'F..%'I':. C'lerk (Tha~rman ST.,\TE OF FI_ORII)..\ ] C(')UN'F'f ¢)1" ('()1 .I.II'iR J 'l'hc l'orcg~3mg ~:ls~rument was acknowledged before me this ....... day of . 1993. by . thc ('ha~an and L'lcrk of thc Board of County and d~d not take :m oath Notary s~gnaturc Print Notars."s Narnc Notary Public Nix' commms~on c.xp~rcs: ............. OCT 2. 0 1998 iNr .... ~ r~t-rr~d to a~ "Oodlcator"~, and ~ Board or County Co~2~2ton~r~ County and am ~-Off[cio the Gov~rning 8oard of the collier County Watur-s~wer Diu~r!c~, (hereinafter r~ferred to as "Dedicateu"). The to~ ~udicator and Dedicates are used for singular or plural, as th. context r.~Iruu. Further, the tu~ Dudicatee shall also be con~t~e,~ to include other po~en~lal users including but not limited to %h~ general public for ingres=, ~gress and drainage pu~oues, p,)wor or light utilities, t~lepnone or caDlevision utilities, or other like public utility providers, or a special district cr other political su~tvislon of the Stat8 of Florlda; provided, hc~over, that said use is subordinate =o, does not lnterfero ~ith or Is not inconsistent with the present or future ~e or u~us by Collier County or tho Collier County watur-Se~er District. w I T ~ · S S E T H: That od'd Dedicator, for and in consideration of t.he sun cf Ten Dollar~ ($i0.00) and ot~her qocd and vaiuabl~ cons~deratlcn the Dedicator and paid Dy ~aid Dedlcatue, ~he receipt ~'hereof horo~ ac~o'wledged, hereby ~ant~ and dedicates to ~he said Dedicat~e and Dedicatee's ~ucc.ssor~ and as~ig~:s forever, a pe~(tual easement for road'way and other ~uch pubilc pu~oses for 1998 OR BO0~ ?AGE ~ b.e~eg~t of ~.~s O,~Jlcatee and the gan4rai publio, to, ether ~ande, and appurtenant eaaemu~t t~qhta ~o? th~ operation, lying and being 1? Collier County, Flotidm, to-vit: (See E~ibit "A" attached hereto and incorpo- rated herein by reference, said lands hereinafter referred to as the Oedicated and said Trustoem of tho Dedicator do hereby fully warrant that the Dedicator lo ~e sols record title o~or o~ said lands and that ~o identified ~stees herein have tho full power and authocity to ~ke Lhlo Dedication on behalf of the Dedicator. ~iS Dedication la made subject to ~e following benefits, burdens, obligations, to~s and conditions ~ht~h shall run ~e Oedl~tor'o land: 1. By fo~al acceptance o~ this Dedication, ~e County ac~ovledgea that ~e Dedicated ~ea shall ~ included tn any cal~iatton or deracination sE density or intensity o~ use relative to ~e remaining adjacent lands o~ed by ~e Dedicator. 2. Dedicator covenants and a~ee~ ~at ~1~ ~e exception of calculations or dete~inetio~s of density or intensity of use, all zoning, proJec~ review, and land developaent lnto~r~tatlon~, cal~lationa and re~lattons shall be applied to the Dedicator's remaining adJac~t lands as if ~e right-of-way descrtb~ and dedicated herein were ~;~ o~ a platted public right-of-way. ]. Dedicator reserves ~e right to and ~hall bo afforded 0 7998 ....................................... ri ......................... mia .......... -- ..................... i ......... I OR 800~ r~ble rig~tz o~ direct ~cc~e to .nd rr~ ,ny roadway 4. D~dIcator. lt~ muccmm~o~o a:d ammlgn~. ~hall to building pe~it~ ~or not mote th.n th~ e~lvalent o~ 150 temidential dwelling cnltz ~o~ d.velo~ont upon Oodicato~'e t~ainlng ad]acont lando without any ~utthor lmp~ovement~ cont~lbutiono to th~ conet~uctlon o~ tho Dedicated ~ea, and until one o~ the ~ollowing occurs: (a) Dedicator c~eate~ an alternative accede directly onto S.R. 951 fro= tt~ remaining adjacent land~ which obvia~e~ fur~er improvement or ~o ~e conm:~ction a~ ~he Dedicated ~aa; or (b) Dedicator cnntributan a fair oha~ of ~he con~t~c:ion et an additional two ianoo a S.R. 951 connec:or road, ~o nor:hem por:ion which 1~ to be built over ~he Dedicated Area, can be e~ended to a four lane ~e~ion; or (c) A S.R. 951 connector road contracted over ~e Dedicated ~ea iu e~anded to a four-lane section ~t o~ers. 5. ~y roadway or o~or lnfrast~c~ure t=provemen~s ~hali be ~de In confo~ance wl~ all applicable Collier Coun=y land 4evelo~8n= re.la.ions and specifications. Thu easement rights ~anted h,~reln and ~e recordation of same shall neither place any dut%, nor obligation upon Collier County to improve or maintain the 0 ]998 OR BOOK PAGE Oe~¢at~4 Xz~ in ~ny eatu~t, not erieS: eccept~nc~ o~ ~i~tl~ ~ ~o~1 act o~ Collier County, or any a:o~e~d ~lca:~ ieee In any 6. All umem of the eawement or ,~se tights dedicated mhall ~ m~Ject to applicable state an~ local government o~-~ay pe~ttt~ng and Te~latlone. 7. ?he failure at this Dedication to add~oaa any condition, te~, tabulation at ~eatttction shall not rel~ev~ e~er ~o ~ad~cator or Its mucce~oro, o~ the necessity o~ complying with any law, ordinance, ~le or re~lation governing eaid pe~ittlng, retirements, conditions, te~s, repletions or res~l~ions. iN ~;ESS ~EOF, Dedicator has caused ~oso present~ to be exe~ted ~he date and year first above ~itten. WIT!~E S S F~): WMBS&P PROFIT SHA~ING PLAN AND TRUST By: ~~~I ' T~TT~ Wtlbur M. ChriS'n, Jr, ~stee Gary ~. Danca, ~us~ee 0 1998 EXECUTIVE SUMMARY REQUEST TO APPROVt.; FOR RECORDING THE FINAL PLAT OF GUILFORD ESTAT[!S. OBJECTIVE: To approve for recording the final plat of Guilford Estates. CONSIDERATIONS: Guilford Estates was formerly approved as Guilford Rental Homes, SDP 92-35. All of the infrastructure was previou:dy constructed and approved as part of the Site Development Plan approval process. The owner of thc project has decided to convert the project to a subdivision to enable the homes and homcsites to be sold. Since this was a previously approved project and all of the infrastructure has been completed and accepted, a construction and maintenance agreement and a security bond are not required. The appropriate plat reviev,' fees have been paid. FISCAL IMPACT: There is no fiscal impact to the Count,,,' since this project was previously approved, constructed and approved through thc SDP process. GROWTH MANAGEMENT IMPACT: None HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County ProbabiliD, Map. Therefore. no Historical/Archaeological Sup/ey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: That the Board of County Commissioners approve the final plat of "Guilford Estates" for recordation. OCT 0 1998 PREPARED BY THOMAS E. KUCK, P.E. ENGINEERING REVIEW MANAGER/COUNTY ENGINEER REVIEWED BY: PLANNING SERVICES DEPARTMENT DIRECTOR APPR~O~O~ BY: ~- , VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. TEl~dcn/h/M=~¢'sEX SUMMARY /c,- ~-?cP DATE /o- DATE DATE OCT g 0 1998 T ~ AND A PORTION OF LOT g, BLOCK B, OF G UIL?ORD I~ORD$, SECTION 18, TO~WSHIP 50 SOUTH, RANGE 25 LOCATION MAP EXECUTIVE SUMMARY ~EQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER A1TD IMPROVEMENTS FOR THE FINAL PLAT OF "SILVER LAKES PHASE TWO-C" OBJECTIVE: To grant final acceptance of "Silver Lakes Phase Two-C" CONSIDERATION: On July 9, 1997, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Silver Lakes Phase Two-C" The roadway, drainage, water and sewer improvements not required by the plat to be maintained by the project's homeowners association will be maintained by the County. The required improvements have been constructed in accordance with 5he Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptanre of the improvements. 4 o A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is at%ached. FISCAL IMPACT: The roadway, drainage water and sewer improvements not required to be maintained by the project's homeowners association will be maintained by the County Transportation Department and the County Utility Divisions. Funds for the routine maintenance and upkeep will come from %he Operations and Maintenance budgets of the Transportation Ser'zices and Utility Divisions. GROWTH MANAGEMENT IMPACT: None OCT 0 1898 ...... .-/_ Executive Summary Silver Lakes Phase Two-C Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Silver Lakes Phase Two-C,, and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY :- " ~// ',, / , ~John R. Houlds~w~rth, Senior Engineer Engineering Review Date REVIEWED BY: .. ,: . Tho~f~ E. Kuck: P.E. -- Engineering Review Manager Date ~obe~'t M~lhere, AIC-P- Planning Services Department Director APPROVED ~Y: ~inc~nt A. Cautero, AICP, Administrator Community Dev. and Environmental Svcs. b'ate jrh OCT 2, 0 1998 RESOLUTION NO. 98- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY. DRAINAGE. WATER AND SEWER IMPROVEMENTS IN SILVER LAKES PHASE TWO-C. RELEASE OF THE MAINTENANCE SECURITY. AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS. the Board of County Commissioners of Collier County, Florida. on December 17. 1996, approved the plat of Silver Lakes Phase Two-C for recording: and WHEREAS. the developer has constructed and maintained the roadway, drainage, water and sewer Improvements in accordance with the approved plans and specifications and as reqmred by the Land Development Code (Collier County Ordinance No. 91-102. as amendedl: and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No 97-17). and WFIEREAS. the developer has nov,' requested final acceptance of the road~'a?', drainage. ,vater and sewer improvements and release of his maintenance security: and WHEREAS. the Compliance Services Section of the Development Services Department has respected the roadway, drainage, v"ater and sewer improvements and is recommending acceptance of said facilities. NOW. THEREFORE. BE IT RESOLVED BY THE BOARD OF COLFN'TY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. that final acceptance be g'Tanted for :hose roadway, drainage, water and sewer improvements in Silver Lakes Phase Two-C. and ~uthorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AN~) ORDERED that the County accept, the future maintenance and other attendant co,.ts for the roadway, drainage, waler and sewer ,mprovements that are not required to be maintained by the homeowners association. This Resolution adopted after motion, second and majority vote favonng same. DATE: ATTEST: DWIGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA By: BARBARA B. BERRY, CHAIRMAN Approved as to form and legal sufficiency: ,' /' Heidi F. Asht'on ' :' Assistant Collier County Attorney OCT 2 0 1998 Pg EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF PELICAN STRAND REPLAT 5, AND APPI~,OVAL OF 'FILE PERFORMANCE ESCROW SECURITY AGREF~MENT. OBJECTIVE: To approve for recording the final plat of "Pelican Strand Replat 5", a subdivision of lands located in Section 18, Township 48 South, Range 26 East, Collier County, Florida. CONSIDERATI()NS: Engineering Review Section has completed the review of thc construction drawings, specifications. and final plat of"l'elican Strand Replat 5". These documents are in compliance with the Count.,,' Land Development Code and Florida State Statue No. 177. All fees have been paid. It is thc intent of the developer to record thc plat prior to construction of the improvements. The security in the amount of 110% of the total cost of thc required improvements is being covered by a Construction, Maintenance a,~d Escrow Agrccmcnl. This would be in conformance with the County Land Development (;ode - division 3.2.9. Engineering Review Section recommends that the final plat of "Pelican Strand Rcplat 5" be approved for recording. FISCAL I M PACT: The fiscal impact to the C,)unty is as £ollou,'s: Thc project cost is $487,259.66 (estimated to be borne by the developer. Thc cost brcakdm~n is as tbllows: a) Water & Sewer b) l)rainagc. I~aving Grading - $223.297.80 $263.961.86 The Security amount, equalto 110% ofthe project cost. is $535.985.63 No. lO' OCT 2 0 1998 The County will realize revenues as lbllows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 18900 - Development Services Revenue generated by this project: 'lk~tal: $12,003.95 Fees are based on a construction estimate of $487,259.66 and were paid. The breakdown is as follows: a) Plat Review Fcc ($425.00 + $4./ac - $458.30 b) Construction Drawing Review Fee Water & Sewer (.50% const. Est.)- $1.116..19 Drainage, Paving, Grading (.425% const. Est.) - $1,121.84 c) Construction Inspection Fcc Water & Sewer (1.5% const. F. st.)- $3..~4" fL47 Drainage. Paving. Grading (1.275% const, l~st.) - $3.365.51 GI~IOWTtl MANA(;EMENT IMI'ACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the (.'OUllly Attorney's Ot'lice for the project. RECOMMENI)ATiON: That the Board of County Commissioners approve the Final Plat of"Pelican Strand Rcplat q" with thc £ollowing stipulations: Accept thc C'(mstruction. Maintenance and l'~scrow Agreement as security t,, guarantee completion of tile subdivision improvements. Authorize thc recording of thc final Phtt of"Pelican Strand Replat 5". 3. Authorize thc Chairman to execute thc attached Construction Maintenm;ce and Escrow Agreement. 2 OCT 2 0 1998 ]'hat no Certilicates of Occupancy be granted until the required improvements have received preliminary acceptance. PREPARED BY THOMAS E. KUCK, P.E. ENGINEERING REVIEW MANAGER REVIEWED BY: ROBERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE DATE I'EI. ICAN STRAND RkI'LA I 5 [(X %t:.MMARY md CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS TillS A(}REEMENT entered into this day of 19_ by PELICAN STRAND DEVELOPMENT CORPORATION (hereinafter "Developer"), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter "The Board") and CREDIT SUISSE FIRST BOSTON (hereinafter "Lender"). RECITALS: Developer has, simultaneously with the deliver>' of this Agreement, applied for the approval by the Board of a certain plat of a subdMsion to be known as PELICAN STRAND Repla:-5. Subdivision of Tract O, Ashford Lane. The subdivision will include certain improvements which are required by Collier Cot, ntv ordinances, as set forth in a site construction contract prepared by Naples Road Building Corporation. a cop.,,' of which is attached hereto and incorporated herein as Exhibit I For purposes of this Agreement, the "Required Improvements" are limited to those described in the contract, Exhibit "A" Sections 32 65.6 and 3.2.9.1 of the Collier County Subdivision Code Division of the Unified Land' Development Code requires the Developer to provide appropriate guarantees fbr the construction and maintenance of the Required Improvements D Lender has entered into a construction loan agreement with Developer dated Jul,,' 1998. (the "('onstructior~ Loan") to fund the cost of the Required Improvements Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is $535,985.63, and this amount represents 1109,3 of the Developer's contractor's bid for the construction costs for the Required Improvements NOW TI-IEREFORE. in consideration of the foregoing premises and mutual covenants set forth. Developer, :he Board and the Lender do hereby covenant and agree as Developer ',,,'ill cause the water, sew'er, roads, drainage and like facilities. ~he Required Improvements, to be constructed pursuant to specifications that have been approved by the Development Sen'ices Director within twelve (12) months from the date of approval of said subdMsion plat. Developer hereby authorizes lender to hold $535~985.63 from the Construction Loan. in escrow, pursuant to the terms of this Agreement. OCT 2 0 1998 Lender agrees to hold in escrow $535,985.63 from the Construction Loan, to be disbursed only pursuant to this Agreement. Lender acknowledges that this Agreement shall not constitute a draw against the Construction Loan fund. but that only such funds as are actually disbursed, whether pursuant to this Agreement or a provision of the Construction Loan, shall accrue interest. The escrowed funds shall be released to the Developer only upon written approval of thc Development Services Director who shall approve the release of the funds o,~ deposit no more than once a month to the Developer, in amounts due for work done to date based on the percentage completion of the work multiplied by the respective work costs less ten percent (10%); and further, that upon completion of the work, the Development Services Director shall approve the release of' any remainder of escrowed funds except to the ex'tent of $48,'725.97 which shall remain in escrow as a Developer guaranty of maintenance of the Required Improvements for a minimum period of one (1) year pursuant to Paragraph l0 of the Agreement COI,LIER COUNTY LAND DEVELOPMENT CODE However, in the event that Developer shall fail to comply with the requirements of this Agreement, then the Lender agrees to pay to the County immediately upon demand the balance of the funds held in escrow by the Lender, as of the date of the demand, provided that upon payment ofsuch balance to the County, the Count3,' will have executed and delivered to the Lender in exchange for such funds a statement to be signed by the Development Sen, ices Director to that effect that: Developer for more than sixty (60) days after written notification of such failure has failed to comply with the requirements of this Agreement; The ¢?ounty, or its authorized agent, will complete the work called for under the terms of the above-mentioned contract or will complete such portion of such work as the County. in its sole discretion shall deem necessary in the public interest to the extent of the funds then held in escrow; (c) The escrow funds drawn down by the County shall be used for construction of the Required Improvements, engineering, legal and contingent costs and expenses, and to offset any damages, either direct or consequential, v,'hich the County may sustain on account of the failure of' the Developer to carry out and execute the above-mentioned development work: and, (d) The County will promptly repay to the Lender any portion of the funds drawn down and not expended in completion of the said development work. 2 OCT 2 0 1998 Written notice to the Lender by the County specifying what amounts are to be paid to the Developer shall constitute authorization by the County to the Lender for release of the specified funds to the Developer, Payment by the Lender to the Developer of the amounts specified in a letter of authorization by the County to the Lender shall constitute a release by the County and Developer of the Lender for the funds disbursed in accordance with the letter of authorization from the County The Required Improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Subdivision Regulations. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director of the Required Improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement; Should the funds held in escrow be insufficient to complete the Required Improvements, the Board, after duly considering the public interest, may at its option complete the Required Improvements and resort to an5' and all legal remedies against the Developer~ Nothing in this Agreement shall make the Lender liable for any funds other than those placed in deposit by the Developer in accordance with the foregoing provision; provided, that the Lender does not release any monies to the Developer or to any other person except as stated in this Escrow Agreement. APPENDIX A - STANDARD LEGAL DOCUMENTS 10. The Developer shall maintain all Required Improvements for one 5'ear after preliminary approval by the Development Se~'ices Director. After the one year maintenance period by the Developer upon submission of a written request for inspection, the Development Services Director shall inspect the Required Improvements and, if found to be still in compliance with the Code as reflected by final approval by the board, the Lender's responsibility to the Board under this Agreement is terminated. The Developer's responsibility for maintenance of the Required Improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. OCT 2 0 '1998 Il. All of the terms, covenants and conditions herein contained are and shall be binding upon the respective successors and assigns of the Developer and the I.cndcr. IN \V['I'NENS \VHF. RI-,'OF. the Board arm thc Developer have caused this Agreement to be execu:cd by their duly authorized representatives this day of · 1908. Signed. Scaled and Deliveregl in the Pres~aceof': />,, /.)/ / I Print~mc 1 '.~ .//:' . .~' -'/.Z - ;' '7.. _ .'.~.. ~..~ ,_ {Prini Namc~ PELICAN STRAND. L'FD.. A Florida limited pannership By: Pelican Strand Development . its general panner Secretary/Treasurer { Pti/il .Narllc) (Print Name ,ENDER' CREDI'F SUISSE FIRS]" BOSTON MORTGAGE CAPITAl_ LLC. .'\ Delaware limited liabiliw compan5 Bv:~~ Title: ..\TTES'I': DXVIGtI'[' E. BRO('K. C'I.ERK ~-3eputy Clerk Approved as to Ii)tm and legal sufficiency: BOARD OF COUNTY COMMI. SIONERS OF COLLIER COLNT5 . FLORID..\ Chairman David C. \Vcigel. County Attorney OCT 2 0 1998 Pg. ~'7 C()NWI'RUCTION. MAINTENANCE AND ESCROW A(;REEMENT FOR SUIII)IVISI()N IMI'ROVEMENTS //,/(',' 71 ,,r ;._i t 19 bem,'ecn I'[!I.I('AN STRAND. I.TD.. a Florida limited pam~ership by t~F.I.ICAN STP, ANI) I)[':VIiI.()I'Mt(N'F COI~.POIL, VI'ION. its (;eneral Panner. ~hereinafter "Developer"l. TIIE B()AR.D OF C()UNTY COMMISSIONERS OF COLI.II£R (i()IrNTY. t:[.ORIDA (hereinafter "The Board") and CRFDIT SUISSE FI RST 13()ST()N (hereinafter "I.ender"). I{ECITALS: Developer has simuhancouslv with thc delivery of ti'tis ,.\grccn'mnt. applied lbr the approval by the Board of'a certain plat of a subdivision to be known as PEI.ICAN S'['RAND Rcplat --5. Subdivision of Tract 9. Ashlbrd l.anc. The subdivision ,,','ill include certain improvements which are required by ('oilier County ~rdinances. as set fimh in a site construction contract prepared b~' Naples Road Building Corporation. a copy of vd'rich is attached hereto and incorporated herein as Exhibit I. For purposes of this Agreement. the "Required Improvements" are limited to those described in thc Contract. Exhibit "A." Co Sections 3.2.6.5.6 and 3.2.9.1 of the Collier County Subdivision Code l)ivision of the Unified I.and Development Code requires tile Developer to provide appropriate guarantees fi)r the construction and maintenance of the P, equired Improvements. D. l.ender has entered into a construction loan agreement with Developer dated Jul,.' 2. 1998. (the "CImstruction I.oan") to fund the cost of the Required Improvements. l)cvcloper and thc Board have acknoxvlcdged that the amount Developer is required to guarantee pursuant to this Agreement is S53fi,985.63. and this amount represents 110% of thc I)eveloper's contractor's bid lbr construction costs tbr tile balance iff Required lmpr ovements. NOW '1'I [['~RI'iFORIL in consideration of tile lbregoing premises and mutual covenants set tbrth. I)cvelopcr. the Board and the l.cnder do hereby covenant and agree as l)cvclopcr will cause the water, sewer, roads, drainage and like facilities, the Required Improvements. to be constructed pursuant to specifications that have been approved bv the Development Sen'ices l)irector within twelve (12) months from the date of approval of said subdivision plat. l)cvclopcr hereby authorizes lender to hold $535,985.63 t¥om tile Construction l,oan, in escrow, pursuant to thc terms of this Agreement. l.cndcr agrees to hold in escrow S535,985.63 from the Construction l.oan, to hc disbursed only pursuant to this ..\greement. [.ender acknowledges that this .,\greemcnt shall not constitute a draw against the Construction l.oan l'tmd, but that only such funds as are actually disbursed, whether pursuant to this ,'\grcemcnt or a prox ision of the Construction l.oan, shall accrue interest. The escro,.`.'ed funds shall be released to the Developer only upon written approval of the Development Services Director who shall approve ihe release of the funds on deposit no more than {>ncc a month to the Developer. in amounts due for work done to date based on the percentage completion of the work multiplied by the rcspcctiv;.: work costs less then percent (10%): and further, that upon completion t)t' the '.~.(,rk. the Development Sec'ices Director shall approve the release of any remainder of escrowed funds except to the extent of $48,725.97 which shail remain in escrow as a Developer guaranty ()f maintenance of thc l(cquircd Impro,.'¢mcnts for a minimum period of one (I) >'ear pursuant to Paragraph 10 of thc Agreement. ('OLLIER COIlNTY LANI) I)EVELOI'MENT COI)E }lowcvcr. in thc event that Developer shall fail to comply with the requirements of this Agreement. then the Lender agrees to pay to the County immediatclv upon demand thc balance of the funds held in escrow by the kender. ~s of the date' of the demand, provided that upon payment of such balance to the Count,,'. the County will have executed and delivered to the l.ender in exchange for such funds a'statemcnt t{; bc signed by the De,.'elopmcnt Scr¥ices Director to that effect that: (a) Developer for more than sixty (60) days after written notification of such fa/lure has failed to comply with the requirements of this Agreement: (b) '['he County. or its authorized agent, will complete thc work called for under the terms of the above-mentioned contract or ',,',,'ill complete such portion of such work as the Count>'. in its sole discretion shall deem neccssan, in the public interest to the extent of the funds then held in escrow: (c) (d) The escrow funds drawn down bv the County shall bc used tbr construction of thc Required Improvements. engineering. Ictzal and contingent costs and expenses, and to offset any damages, either ~ircct or consequential, which the County mav sustain on account of the thilure of thc Developer to carry out and execute the above-mentioned development work: and. The County ,.',,'ill promptly repay to the I.ender any portion of thc funds drawn down and not expended in completion of the said development 'VqO rk. o Written notice to Ibc l.cfidcr b,, thc {'ount':.' specifying '~,hat amounts arc to hc paid to thc l)cvclopcr shall constitute authorization by thc ('ountv to thc l.cndcr lbr re]case of thc spccil]cd limds to thc I)cvclopcr. Payment by thc l.cndcr to thc l)evclopcr of the amounts specified in a letter of auth~)rizalio~} by thc ('ountv to the Lender shall constitute a release by the County and l)cvelop~r of thc t.c~dcr lbr the lhnds disbursed in accordance with thc l~ttcr of authorization Ikom thc County. Thc Required Improvcrncnts shall not be considered complete until a statement of substantial completion by I)cveloper's engineer along with the final project records have been Furnished to be rcvicxved and approved bv the l)evclopment ,Services l')irector for compliance with thc (Tollicr (;ountv Subdivision Regulati~ms. Thc Development Services Director shall, within sixty (60) days of receipt of thc statement of substantial completion, either a) notifv thc Developer in writing' of his prcliminao' approval of thc improvements: or b) notit\' thc l)cvcloper in writing t,t' his refusal to approve the improvements, therewith specifying those conditions '~vhich the Developer must fulfill in order to obtain the Director of the Required Improvements. l tov.'ever, in no event shall the I)evclopment Services Director refuse preliminary approval of the improvements if thev are in fact constn~cted and submitted tbr approval in accordance with the rc4uirements of this Agreement: Should the funds held in escrow be insufficient to complete the Required Improvements. the Board. after dui,,' considering the public interest, rnav at its option complete the Required Improvements and resort to an,,' and all legal remedies against the Developer. Nothing in this Agreement shall make the I.cnder liable lbr any funds other than those placed in deposit by the I)eveloper in accordance with the foregoing provision: provided, that the l.endcr does not release an,,' monies to the Developer tlr to any other person except as stated in this Escrow Agreement. APPENi)IX A-STANI)ARD LEGAL DOCUMENTS 10. The Developer shall maintain all Required Improvements tbr one ,,'ear after preliminary approval bv the l)cvclopmcnt Services Director. After the one ,,'ear maintenance period by the I)evelopcr upon submission of a written request' inspection, the Development Sc~'ices Director shall inspect the Required Improvements and. it' found to be still in compliance with the Code as tel'looted by final approval by the board, the [.cadet's responsibility to the Board under thi's Agreemcm is terminated. The I)evcloper's responsibility tbr maintenance of the Required Improvements shall continue unless or until thc Board accepts maintenance responsibility for and by the County. II. All of thc terms, covenants and conditions herein contained are and shall bc binding upon the respective successors and assigns of the Developer and the I,ender. IN WI'I'NESS WI ItiRl:.O[:. the Board and the I)cvclopcr have caused this Agreement to be executed by their duly authorized representatives ti'tis /ff~-Z day of ~~'4,~ .1998. -- ' Signed,,/Sealed and Delivered in the l'rcsc, ffce o£: __., ,/ ,,'," /..2:-7'5;,'<', ~,// -// ./('/,/.-'Z " ~ z .: O' tPrint Namel (Print Name) PELICAN STRAND. LTD.. A l':lorida limited partnership By: Pelican Strand Development Corporation. its general partner LENDER: CREDIT SUISSE FIRST BOSTON MORTGAGE CAPITAL I,LC. A Delaware limited liability company Name: Title: ATTEST: DWIGttT F,. BR()CK, CLERK Deputy Clerk Approved as to lbrm and legal sufficiency: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY: Chairman [)avid C. Weigel. County Attom::7 EXECUTIVE SUMMARY REQUEST TO ACCEPT A CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT IN EXCHANGE FOR A I.ETTER OF CREDIT FOR PELICAN STRAND. OBJECTIVE: To accept a Construction, Maintenance and Escrow Agreement in exchange for the Letter of Credit for the completion of' Strand Boulevard in Pelican Strand. CONSIDERATIONS: At the time the plat was recorded for Pelican Strand, a Letter of Credit was posted with the County in an amount equal to 110% of' the estimated cost of construction. The majority of this work has been completed and approved by the County. 2'he total cost of the remaining work to complete Strand Boulevard is $256,297.23. The developer has submitted the attached Construction, Maintenance and Escrow Agreement in the amount of $281,926.95 which represents 110% of the remaining work to be completed. FISCAL IMPACT: None - ]'he fiscal impact and resultant review and inspection fees were all paid at the time Pelican Strand was originally approved and recorded. GROWTH MANAGEMENT IMPACT: The concurrency Waiver and Release relating to approval of this project were previously reviewed and approved by the County Attorney's Office for this project RECOMMENDATION: That the Board of County Commissioners accept and execute the attached Construction, Maintenance and Escrow Agreement authorize the Clerk's Office to return the original Letter of Credit. AGENDA ITEM. OOT 2 0 1998 ] PREPARED BY TItOMAS E. KUCK, P.E. ENGINEERING REVIEW MANAGER REVIEWED BY: ROBERT J. MULllERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: VINCENT A. CAUTERO, AICP, ADSIINISTRATOR COMMUNITY DE\'. AND ENVIRONMENTAl. SVCS. DATE DATE DATE PEI.ICAN STRAND I-~SCROW A(iRI :EMEN'I I!X SIIMMARY/md OCT 2 0 1998 ('() N.',;T I.~ ! :('Tlr)N, M A I NTENAN('E ..\N I) E,',,;CI;~f)~A' ,,\f; I,~ EI.;M E NT !:Oi/,"; ! ' !11) I V !.',;! () N '1'I Il.t,; A(iI~.t(ILMI(N'I' entered into this 19 I',,, I:'I'iI.It'..\N 5/1R.,\NI) l)-l(Vlil .I )P\lt- X'I' (~:(~)i~l'()R.,\'l'l().',, (l'~crcir~aftcr "l)cveh'~per"). TtlI( B().,\RI) ()1' ('()I '.',,"I '5' ('OM,MI."i.XI()NI(I.~.<, ()F ('()I.I.II'iR ('()1 'NI "J'. FI.()RII)A/l'Jcrcinaftcr '"1 he I'Mar,..t") and CRI'~I)IT .'-;l 'IXXl FIRST BI).'-;TI)N (hcrcinal'lcr "l.endcr"). RE('IT/~IY;: .'\. l)evel~pcrha~.prcviouslx applied Ibrandrcc¢ivcdapproval b~ thc IMardofacerufin plat ol'a subdivisi~m 10 bt.' kllo~n as l'l:l.l('..\X NTR..\NI). 'l'hc subdi~sioi~ ~ill include certain impr~cn~ei~ts ~hich arc rctluircd b~ ('oilier ('tmntx ~,rdimmccs. as set l;~rth in a site c,mstructitm C~llll'ilCl pl'C~ill'cd }~( N;tplcs Rlmd Building ('orporalion. a c,~p)~1' xshich is illlachctJ hereto ;tlld illc;H'pt~rillcd herein as t'xhibil I. lq~r purposes o1' IRis ..Xgrccmcnt. lhe "l{cqtlired lmprox emu'nix" arc limiled h~ ~hose described in the ('(lllll'ilCl. l';xhibil "A." Xeclitms 3.2(~.5.6 and 3.2.{1. I el'thc ('elliot ('{mnlx .'qtlN. livisi~m ('ode I)mx i>ion ~,f thc t'nillcd land l)cxclopmcnt (',~dc rctmtlirc, thc l)exclopcr lt~ pr~,xidc al~pr~prialc guaranlees liar thc cl~nslrtzction ;Hid IllilillleH;Hlce of the Required lmlm~cmcnt~. J). l.endcr ha5 cnlered into a ctmslrtlcti~m loan agrcclnenl ~ilJ~ l)c~cJt~pcr dated .lu]~ _'. 1 gg,q. (the "( '~nstrucli~m I,oilll") h) J'Ulld IRc ct)si el' IRc J,~cquircd Jlllpl't~\ ¢lllellls. l)eselopcr aim ~hc IMiu'd haxe ;tckm,xkJcdgcd lh;.tl thc aI11Otllll I)cx cltq~cr is required lo gtlar;HllCC p~lrst~zmt to Ibis Agreement is 5281,926.95. and tJli5 am~mnt rcpr'c~cnls I l(l",, ~I' Iht I)eveloper's conlracl(~r-'s bid Ibr conslruclion cost5 liar' thc balance ~I' N¢)\V 'I'tlI'RI'iI.'()1.,t...' in consitlcratl~n ~,1' lhc It~rcgolng im..miscs and mutual scl Ibrth. l)cxcltq~cr, thc I'Mm'd and thc l.cndcr d~ hcrcbx ct~VCll;.ll'll illld agree it.-; l)eveloper ~ill cause the ~atct'. se~cr, road~, drainauc and like lhcilitics, thc Required l~nprovemcnts, to be conslrucled pursuanl l~ spccillcations frill have been ;tppl'i~cd bY thc l)cvclopmcnt Scr~ ices l)irccmr xxithin tx~clvc 1121 lllOlllJl5 l]'t~nl thc dalu el'approval el'said subdix isitm plat. l)evel~,per I~crchv aulhorizes lender to hold $281,926.95 from iht ('oI~strt~ction l.oan, in escro~v, pursuant Io thc terms oI' this ..\grccnlcnl. [.cndcr agrees lo hold in cscrox~ S281,926.95 from thc Construction I.oan. t~, bc disbt, rscd only pursuant to this Agreemcnl. l.cnder ackn,,,vlcdgc~th;~:a~7) OCT 2 0 1998 .,\~recnlCnl ~Jlall not constJtul¢ thal ~ml,. s'.~¢h fund.~ as arc actually cljsbursed, v, hcthcr pLirstl;.irll Jo this ..\~recnlclll i~r ;i provj:~J~Hl of lJlc (.'OlLslrLIclJOll J.oall..sJlalJ ;.lccrtlc 'lhc cscrm~ed funds shall be released Io Ihe [)evelopcr only upiul xvl'illcn approval t~l'thc I)cxclopmcnt Services l)ircctor who shall approve thc rclc[~sc ol'thc funds ~m dcp~,~i~ n~) more lJl/lll OllCC il IllOlllJl ll~ lilt l)evch~pcr, in am{roms duc Ik~r k~(~rk done lo d;dc based on the percentage COlllpJetioll oJ' the work muhiplicd bx thc rcspcctixc xxork costs less then percent (10"/,}: and further, that upon completion o1' thc xxork, thc I)cvclopmcnt hcrx'iccs I)ircch,' shall approxc thc release iff any remainder of cscroxvcd Funds except Io thc extent t,l' S25,629.72 which shall Improx cmcnts fi,r a mi~limum pcri{,d i~l' i,llC 11} XCiH' I~t~rsuanl lo Paragraph 1(} of thc A~rccmcnt. ('()I.i.IER ('()I'NTY I.ANI) I)I';VI.;I.()PMI.;NT ('()I)i:. Ih,,'.c~.cr. ~n thc cxcnl that I)c',ch~pcr shall lhil hi compl.,, v, ith thc rcquircmcms of this Agrccmcnl. then thc l.cndcr agrees l~ pay 1~, Iht (.'minis immcdiatclx upon demand thc hill:filet of thc l'undx held in cscrt~xx bx thc l.cndcr, as ,~I' thc date of thc demand, provided that upon payment ol'such balallcc B) thc ('OLIIllV. lilt ('ounlx will have executed and dclixcrcd t{~ thc I.cndcr in exchange fi~r such fund> a slalcnlcnl lo bc signed by thc l)cxcl~,ptncnt Services l)ircctur h~ that cflkct lhat: [)cvchlpcr fi~r m(,'c lhm~ sixtx ((,I)l claxs al'lcr x~rillcn n~til]cali{m of such I':~ilurc has failed Itl compl5 xkjlJl thc I'C(.ILliFCIllCIllS ol' this ..\grccmcnt' lilt (':mnlx. ~l:' its aulhori/cd a.~cnt, v, ill c:mlplclc thc trader IIIc ICFIllS ol' thc abOXC-IllClltiOllCd c~qllracl oi' xxill COIllI~IcIc SUCh p{,".ion oF such x~ol'k as thc ('~tllllX. ill its SoIC dJscrctiim shall mlccC~qill'X ill thc puiqic interest Io thc CNIClll of IJlc l'LllldS then hcm,t (el lh~ cscrt,xx I'tmds draxxn d~xxn bx thc c,mstrucli(m ~I' thc Required lmproxcmncnts, cnginccrinM, legal and c~mscqucnliaJ, which thc ('~,tmtx max sustain thc [)cxcJt)pcr lO CLII'I'% (mt itlkJ CNCCLIIC lilt Ltbt~x C-IllCllliollcd dc% cJt)plllCll[ %~olk: alia. (d) 'l'hc ('ountx v. ill prolnpll3 rcpa3 to tile l.cndcr any portion Of linc funds dra,.vn doxvn and not expended in completion of thc said dcxclopmcnt \~ Ill k. Written paid l~oticc t() thc l.cndcr bx thc (.'tmnlv specifying what LIIllOLIIIIS /.iFC lo be the l)ex'¢hlper shall constitute authori~atitm bx' thc (*OLIllI\' lO t]~C [.C---J- OCT 2 0 1998 Pg. (~JJ l'~r r¢lcusc ~l'lhc spccilicd l'unds 1o thc l)cvclo?cr, l'avmcnt t~ ~hc 1.cmlcr l,, ~hc l)cxcl(,pcr of thc amounts specified in a letter of atttlmrizati~m t,x thc ('tmmx m tl~c l.cndcr shall cm~slilutc a release by thc ('ountx and I)cvch~pcr of thc I.cndcr fi~r ~hc funds disbursed in accm'dancc xxith thc letter of auth{,rixmion l?~,m ~hc ('OtlIIIX. 1(). 'Ibc Required Improvcmcnls shall not bc considered complete until a statement of substantial complctim'~ by l)cvclopcr's engineer ah',ng ',,.'ifl'~ thc final project rcc~r,,Is ha~.c Bccn l'Lm~ishcd h~ hc rc',icwcd and upt",r{v,'cd h', thc S,.:rviccs I)ircctor I'm' conq',liancc ~xith Ibc ('tdlicr ('ount', ~ul',di~.isi~,n Rcgulali~m~. Thc l)cxclopmcnt %crviccs [)ircctor shall, x~ithin sixty (Gill days of receipt ~l' thc statement ~I' substantial c-mplcti,n, either a} m,tilX' thc l)cvcl~pcr his prcliminarx appr~val t~l' thc impr~xcmcnts: or bi notilk' thc l)cvclopcr ~riting ,~f his refusal tt, apprt~xc thc improvements, thcrcxvith spccil~ing c~,nctititms x~m~ic)~ thc I)cxclt,pcr must fulfill in ~rdcr t(, {d~tain thc l)ircctor ~,f thc Required Impr{~xcmcnts. I lox~cxcr, in nt~ cxcnt shall thc l)cx'clopmcnt [)irccttu' roi'risc prcliminarx [I{3{~I'OX[II {~l' thc improx'cmcn~s if they arc in lhcl thi~ ..Xurccmcnt: Nhould thc funds held in cscro,a hc insul'licicr~t to cmnplctc Iht Required Impr~vcmcnts. ~l~c lhx~rd, after dtmlx cm~sidcring thc public interest, max opti~m cmnplctc thc Required Improvements and rcsm'l lo LIIlX :llld alt Icg'al remedies a~aillSt thc I)cvclopcr. N{~thin~ in this ..\,drccmcnt shall make Ibc I.cndcr liable l~r' anx I'unds [qhcr than lJl{~Sc plac:d Jn dcp{~sil b', thc l)c',cl,q'~cr in ucc~u'dancc k',Jlh IRc J'~;"~, i:qi~ql: ?r~\ idcd. JJlLi[ IJlC J,ClldCr l,J~[.',~ ll{~[ rcJc;,i,,4c Lilly llll~Ilic', Io IRc J {~r Io all', t~',Jlcr poi'still c,\¢cj~I ;,is .Malcd ill lJlis J']sc'hm, .\I'I'ENlilX ..'~ - .'q'I'ANI)..\I{i) I.E(;.-\I. I)()('1'511.~N'1'.% l'hc l)ckch,pcr shall maintain ~li Required Inlprokcnlcnls l~i' one xc:u' ~tl'Icr prcliminarx aplWoval hx thc l)cvch,pmcnt Scrxiccs l)ircctor. ..kftcr thc one x car maintcnumc period l~x thc [)cxclt,pcr uptm submission t~f a xxriltcn rcqucsl l~r illspccllt~n, thc I)cvch,pmcnl Scrxiccs I)ircctor shall inspect thc Required {mprovcmncms and. if lbund to bc still in compliance xxith thc L'odc as rcllcclcd final ;lplm,xal t~x thc hoard, thc l.cmtcr'~ rcsponsilqlitx to thc ltoard under Ii,is ..Xgrccmcnt is Icrnlinalcd. 'l'hc l)cxclopcr's responsibility fi~r maintenance Required Improvements shall cmuinuc unless or until thc Board mainlcnancc responsibility fiw and bx thc ('OLllllv. 11. All of the terms, covenants and conditions herein contained are and shall be binding upon the respective successors and assigns ofthe Developer and the Lender. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this day of _, 1998. Signed. Sealed and Deliver,ed in the Il'~ ',/,'lA/," ~-~ ,: ,~ ,../.l Z,4 :' (Pnnl Name) (Pnnl Name) PELICAN STRAND, I.TD., A Florida limited partnership By: Pelican Strand Development C~its general partner /'-~'Ren~e Tolson ~ Secretarv/T:reasurer (Print Name) (Print Name) LENDER: CREDIT SUISSE FIRST BOSTON MORTGAGE CAPITAL [.LC. A Delaware limited liability company ATTEST. DWIGHT E, BROCK. CLERK Deputy Clerk Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Chairman David C. Weigel, County Attorney AGE~,n~, IT~/' <~ OCT 2 0 1998 ................................. III ..................................... II ......................................... IIIII III ............ I iii ii ', I, C()NSTI~,IJCTION, MAINTENANCE AN l) ESCROW A(;REEMENT FOR S[IBDIVISION IMPROVEMENTS //",/.Tj(//£11S ,/~ ..\ (} R F.I-LM F.N T entered into this - '<',.. z/'- da,,' of ' : ,,. , , t' '. . 19__ bctv,'cen PI".I.ICAN STRAND. I.TD.. a Florida f. imited thi'rtncrship, by PI:.I.ICAN STRAND I)EVI!I.OPMI.~NT CORPORATION. its General Partner. Ihcrcinafter "Developer"). Tt [E BOARD OF Cf)lINTY COMMISSIONERS OF CO[.[.II-:R C()IlNTY. I:[.()RII)A Ihcrcinaftcr "Thc Board") and (iii. EDIT Nt.:ISSE FIRS'I' B()ST()N ihcrcinaftcr "I .cndcr"). RECITALS: .,\. l)evelopcr has previously applied tbr and received approval bv tile Board of a certain plat ora subdivision to be known as Pf~[.ICAN STRAND. Thc subdivision will include certain improvements which are required by ('oilier County ordinances, as set lbrth in a site construction contract prepared b~,' Naples Road Building Corporation. a cop.,,' of which is attached hereto and incorporated herein as Exhibit I. For purposes of this Agreement. the "Required Improvements" are linlitcd tt, those described in the Contract. Exhibit %\." Sections 3.2.6.5.6 and 3.2.9.1 of the Collier County Subdivision Code Division of thc Unitied I.and l)cvclopmcnt Code requires the Developer to provide appropriate guarantees t;~r tile construction and maintenance of the Required hnprovcments. D. l.cnder has entered into a construction loan agreement with Developer dated Jul,,' 2. 1998. (the "Construction l.oan") to fund the cost of the Required hnprovements. Developer and the Board have acknowledged that the amount l)cveloper is required to guarantee pursuant to this ,,\grccmcnt is S281,926.95. and this amount represents 110% of the I)cveloper's contractor's bid t'or construction costs for thc balance of Required Improvements. NOW TtlERtiF()RF.. in consideration of the foregoing premises and mutual covenants set tbrth. Developer. thc Board and the l.cndcr do hereby covenant and agree as follows: Developer will cause the water, sewer, roads, drainage and like facilities, thc Required Improvements. to be constructed pursuant to specifications that have been approved bv tile Development Services Director within twelve II 21 months l¥om the date of approval of said subdivision plat. Developer hereby authorizes lender to hold S281,926.95 from thc ('onstruction I.oan. in escrow, pursuant to thc terms of this Agreement. i.cnder v. grecs to hold in escrow $281,926.95 from thc Construction l.oan, mbc disbursed only pursuant to tiffs Agreemem. l.ender acknowledges ~bat this ..~rccmcm shall not c~mslitule a draw a~ainst file Construction l.oan lhnd. but ~hat m~lv such thnds as are actually disbursed. ~hether pursuant to Ibis ABrcement ~r a pro~ ision of Ibc Construction l.oan, shall accrue interest. l'hc cscr, lwcd funds shall be released to thc Developer only upon written approval of tile Development Services l)ircctor who shall approve the release of the funds on deposit no more than once a month to the Developer. in amounts due for work done to date based on the percentage completion of the work multiplied bv the respective work costs less then percent (10%); and further, that upon completion of thc wt~rk, tile l)cvelopmcnt Services Director shall approve the release of any remainder of escrowed funds except lo tile extent of S25,629.72 which shall remain in escrow as a l)cvelopcr guaranty of maintenance of the Required lmprovc~ncnts for a minimum period of one (1) .,,'ear pursuant to Paragraph 10 of Ibc Agreement. (,OI.I, IEII (/OUNTY LANI) I)EVELOPMENT CODE l loxvcvcr, in the event that I)eveloper shall fail to comply with tile requirements of this ..\grecmcnt. then tile Lender agrees to pay to the Count,,' immediately upon demand thc balance of the funds held in cscrov,' bv the I.cnder. as of the date of the demand, provided that upon payment of such balance to the County. tile County will have executed and delivered to the Lender in exchange lbr such funds a statement to bc signed bv thc Dcvclolm~Cnt Services Director to that effect that: (a) Developer for more than sixty (60) days after written notification of such failure has failed to comply with the requirements of this Agreement: l'hc County. or its authorized agent, will complete the work called lbr under the terms of the above-mentioned contract or will complete such portion of such work as the County. in its sole discretion shall deem necessary' in the public interest to the extent of thc funds then held ira OSCFOW~ (c) The escrow funds drawn down by the County sllall be used construction of the Required Improvements. engineering, legal and contingent cosls and expenses, and to offset any damages, either direct or consequential, which the County mav sustain on account of the thilure of the Developer to cam' out and execute tile above-mentioned development work: and. (d) The County will promptly repay to the l.cnder any portion et' the funds drawn down and not expended in completion of the said development work. o 10. Written notice to the l.endcr bv the County specilying what amounts arc to be paid to the De,,'eloper shall constitute authorization by the Count.,,' to the Lender for release of thc specified funds to tl~e l)c,,'elopcr, t'ayment by the l.ender to the l)cveloper of the amounts specified in a letter of authorization bv the County to the l.cnder shall constitute a release b,,' the County and Developer of the l.ender for thc ftmds disbursed in accordance with the letter of nuthorization from thc Count,`'. The Required Improvements shall not be considered complete until a statcmcnt of substantml completion bv Developer's engineer along ,,,,'ith the final project records ha,,'e been furnished to be reviewed and approved by the Development .";ervices Director for compliance with the Collier Count',' Subdivision l?,egulati,)ns. '['he l)cvclopment Services l)irector shall, within sixty (60) days of receipt of thc statement of substantial completion, either al notify the I)eveloper in writing of his preliminary approval of tile impro,,'cnlcnts: or b) notifv the Developer in ,,,`'riting of his refusal to appro,`'c thc improvements, therewith specifying those conditions ,,,,'hich the Developer must fulfill in order to obtain the Director ill' thc Required Improvements. ltowcver, in no event shall the l)evelopment Sen'ices Director refuse preliminary approval of the improvements if the.,,' arc in fact constructed and submitted for a!:proval in accordance ,,,,'ith the requirements of this Agreement: Should the funds held in escrow be insufficient to complete thc Required lmpro,,'ements, the Board. alter duly considering tile public interest, ma,,' at its option complete the Required Improvements and resort to any and nil legal remedies against the Developer. Nothing in this Agreement shall make the l.ender liable for an,,' funds other than those placed in deposit bv the Developer in accordance with ~he foregoing provision: provided, that the l.ender does not release an,,' monies to the De,,'eloper or to anv other person except ns stated in this l'~scmw Agreement. APPENDIX A- STANDARD LEGAL DOCUMENTS The l)cveloper shall maintain all Required Improvements lbr one ,,'car after preliminary approval bv the De,,'elopment Sen'ices Director. After the one ,,'car maintenance period by the Developer upon submission of a ,,vritten request for inspection, the Development Sen, ices Director shall inspect the Required Improvements nnd. it' found to be still in compliance with the Code as reflected b,,' linal apprt,val by tile board, the I.cndcr's responsibility to the Board under this ..\greemcnt is terminated. ]'he Developer's responsibility for maintenance or' the Required Improvements shrill continue unless or until the Board accepts maintenance responsibility tbr and by the Count.,,,. 11. All of the terms, cm,'cnants and conditions herein contained are and shall be binding upon the respective successors and assigns of :he Developer and the Lender. IN WITNF. SS WHEREOF. the Board and the Developer have caused this Agreement to be executed bv their duly authorized representatives this ,ecg day of Sirancd/~ealed and Delivercd~ the Prescn"ce oP. /3'. /, .. ~me~ I ~'_lr -~ ~ ' " (Print Name~ (Print Name) PELICAN STRANI). LTl).. A Florida limited partnership By' Pelican Strand Development Corporation. its gen~ex, alnun, rtner Preb~e~t LENDER: CREDIT SUISSE FIRST BOSTON MORTGAGE CAPITAL I,LC. A Delaware limited liability company Title: .. .... if:, ..:-_, ATTEST: DWIGt tT E. BP, OCK. CLEP, K Deputy Clerk Approved as to form and legal suflicicncy: BOARD OF COUNTY COMMISSIONERS OF COI,LIER COUNTY. FLORII)A F',Y: Chaimmn David C. Weigel. County Attorney EXECUTIVE SUMMARY APPROVE A SUBORDINATION AGREEMENT BE'r'VVEEN COLLIER COUNTY AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION. OBJECTIVE: To approve a Subordination Agreement between Collier County and the State of Florida Department of Transporta:ion (FDOT). CONSIDERATIONS: On March 5, 1971, Collier Development Corporation, a Florida corporation, executed a Quitclaim Deed conveying a fifty (50') foot drainage easement to Collier County. FDOT is purchasing land from Collier Development Corporation in order to complete its US 41 expansion project from Rattlesnake l. dammock Road to East of SR 951. Said land shall be purchased in fee simple by the FDOT. However, the existing 50' drainage easement conveyed to Collier County by Collier Development Corporation encompasses a small portion of the project area. FDOT is requesting that Collier County execute a Subordination Agreement to subordinate the County's interests in their Drainage Easement to FDOT's fee interest in the property. Both entities shall utilize the existing drainage easement, John Boldt, Stormwater M~nagement Department Director, has reviewed this matter and advised staff that there are no potential confhcts in having the Board of County Commissioners approve the attached Subordination Agreement. FISCAL IMPAOT: No fiscal impact incurred. FDOT shall be responsible for all associated recording expenses and shall prowde Collier County with a fully executed recorded copy of said document. GROWTH MANAGI~MENT IMPACT; None RJ~OOMMENDATIONS; That the Board of County Commissioners approve the attached Subordination Agreement; authorize the Chairman to execute the Subordination Agreement; and authorize staff to record the Subordination Agreement and other documents required to clear title, in the Public Records of Collier County, Florida. Toni ~,7-Mo:t, Specialist, Real anagement Department REVIEWED BY: ~,~"~ ~ John B, oldt. PE, PSM, Stormwater Management Department Director APPROVED B YY~~.~.~..--~ Ed Ilschne", Administrator, Public Works Division Date: 0 C l 2 0 19.,35 PC,. I 3&-SUB.03-10/94 Date: July 14, 1998 This instrument prepared under the direction of: Bruce P. Cury, General Counsel Post Office Box 1249 City: Barrow, Florida 33830 Department of Transportation PARCEL 800.2 FP 1953891 SECTION 03010-2542 STATE ROAD 9O COUNTY Collier SUBORDINATION AGREEMENT THIS AGREEMENT, Made this day of , 199 __, by and between Collier COUNTY, a political subdivision of the State of Florida, hereinafter called "party of the first part", and the STATE OF FLORIDA DEPARIME~;U OF TRAHSPOP/ATIOH, whose post office address is: Post Office Box 1249, Bar%ow, Florida 33831-1249, hereinafter called the "Department". WITNESSETH: WHEREAS, the party of the first part is the holder of a ~/~if~asene~ and, W~EREAS, a portion of the land encumbered by said drainage easement is required by the Department for public transportation purposes; NOW THEREFORE, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations, palm, the receipt and sufficiency of which is hereby acknowledged, the party of the first part hereby agrees, covenants, and consents with the Department that the aforesaid drainage easement is and shall continue to be subject and subordinate to the property rights of the Department insofar as said drainage easement affects the following described property, viz: SEE EXHIBIT "A" This subordination agreement shall be binding upon and inure to %he benefi~ of the respective heirs, legal representatlves, successors and assigns of the parties hereto. Page I Itl WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. DATED: A~fEST: DWIGHT E. BROCK, clsrk By: Deputy Clerk BOA/RD OF COUNTY CO~2MISSIONERS COLLIER COUNTY, FLORIDA By: BARBARA B. BERRY, Chairman Page 2 SECTION 03010-25¢2 PARCEL 800 That portion of the south ~ of Section 19, Township 50 South, Range 26 East, Collier County, Florida. Being described as follows: Commence at the southwest corner of said Section 19; thence along the south boundary of said Section 19, North 88°19'24'' East, 1315.118 meters (4,314.68 feet) to the survey base line of State Road 90 (U.S. 41); thence along said survey base line, North 39o01'59'' West, 19.173 meters (62.90 feet); thence South 88'19'24" West, 57.518 meters (188.71 feet) to the westerly existing right of way line of said State Road 90 [[U.S. 41) (per Section 030~0-2116) ]; thence continue South 88'19'24" West, 89.000 meters (291.99 feet) for a POINT OF BEGINNING; thence South 01'4~'36" East, 15.240 meters (50.00 feet) to said south boundar7 of Section 19; thence along said south boundary, Scuth 88~19'24'' west, 10.000 meters (32.81 feet); thence North 01~40'36'' West, 15.240 meters (50.00 feet); thence North 88e19'24'' East, 10.000 meters (32.81 feet) to the POINT OF BEGINNING. Containing 152.4 square meters (1,640 square feet). Legal. Description Appr~?ed by: ~'illia~ £. Ray ?..~.,.s. ~Y737 Date: O7-/~- ..,' NOT VALID UNLESS EMBOSSED EXHIBIT "A" Page 3 2 0 EXECUTIVE SUMMARY APPROVE CONSTRUCTION ENGINEERING AND INSPECTION SERVICES BY IIOLE, MONTES AND ASSOCIATES, INC. FOR TIIE AIRPORT-PULLING ROAD BRIDGE PROJECT AT JUNCTION IMMOKALEE ROAD. OBJECTIVE: Board approval of negotiated professional fees with Hole, Montes and Associates, Inc. for construction support services for the Airport- Pulling Road bridge project, including authorization for staff to prepare and execute a Supplemental Agreement. CONSIDERATIONS: Project design and development activities for the Airport- Pulling Road bridge project are complete. All environmental and operational permits have been secured, and private utility owners have relocated/adjusted facilities in conflict with proposed bridge improvements. The construction contract award to Zcp Construction, Inc. was approved by the Board on August 4, 1998 [under Agenda Item No. 16(B)19]. Additionally, aNotice to Proceed has been issued to the contractor having an effective construction commencement date of October 19, 1998. With reference to the Professional Services Agreement with Hole, Montes and Associates, Inc. dated June 24, 1997, staff has concluded scope and fee negotiations for consultant support services during the bridge construction phase. The consultant will provide conventional contract administration services and a full time inspector. Contract support services by Hole, Montes and Associates, Inc. will be supplemented with inspection personnel by the Public Works Engineering Department, if warranted, for critical construction activities in an effort to ensure adequate quality assurance and inspection cost control. The attached Scope of Services document sets forth the extent and cost of consultant support services in the maximum fee amount of $143,826. This negotiated fee is recommended for Board approval, along with authorization for staff in the Public Works Division to prepare and execute the necessary Supplemental Agreement instrument. A recap of the negotiated fees is provided in the Fiscal Impact section. The maximum fee of $143,826 is approximately 11% of the contract construction amount of $1,291,031.43. FISCAL IMPACT: Construction Engineering and Inspection services are comprised of fixed price lump sum and cost not to exceed tasks. A Budget Amendment is not required to process a Supplemental Agreement for the above consulting services. Funds are available in the project account for Fiscal Year 1999. Cost: $143,826 Fund: 313 - Road Construction Gas Tax Cost Center: 163673 - Surplus Gas Tax- Road Construction Project: 66067 - Airport-Pulling Road Bridge at junction Immokalee O Cl 2 O 1998 Executive Summary Airport-Pulling Road Bridge Page Two Fixed price Lump Sum Tasks · Pre-construction conference(S900) · Record Engineer site visits · Full time inspection · Shop drawing review, etc. · Semi-final and final inspections · As-built plans · Survey monumentation ($14,530) ($61,960) ($5,230) ($2,920) ($7,750) ($1,886) Cost not to exceed tasks · Design clarifications ($12,050) · Material testing ($30,180) · Warranty inspections ($2,220) · Reimbursable costs ($4,200) Sub-Totals $95,176 $48,650 TOTAL MAXIMUM FEE = $143,826 GROWTH MANAGEMENT IMPACT: The Airport-Pulling Road bridge project is consistent with the Collier County Growth Management Plan. RECOMMENDATIONS: That the Board of County Commissioners approve the $143,826 professional fee with Hole, Montes and Associates, Inc. for the Airport-Pulling Road bridge project, and direct and authorize appropriate staff in instrument,the Public Works Division~~~~~..~to pr ~"and execute,the Supplemental Agreement · , SUBMITTED BY' VIad'~m'~r A. Ryziw,~'~'/.~ P~P DATE: / Public W, orks Engin'eering Department - Richard Hellriegel, P.E~, lnter/m Director Publi. e'Works Engine~'ing Department REVIEWED BY: Edward J. Ka~~,Director [ransportat~ Services Department APPROVED Ed llschner, Administrator Public Works Division DATE: DATE: .~ '0~'~ lO 7 SI. !PPIJ:.M ENT.,\I. AGRF. EMENT NO. I SCOt'Ii OF SERVICES AIRPORT-PUI.I.ING ROAD BRIDGE AT JUN(,TION IMMOKALEE ROAD COLLIER COUNTY PROJ. NO. 66067 ' N TASK 15.00- ('ONSTRUC'FION ENGINF. ERING AND INSPECTIOn' SERVICES · N' ' During the construction phase, the ( O, 'SULTANT shall flmlish professional services to ensure the integrity, of the dc;ign intent as follows: Task 15.01 ProConstruction ('onfcrcncc Attend a pre-construction conference, provide assistance to County in conducting meeting, answer questions ami provide necessary infimnation and dcsi? clarifications. Task 15.02 Site Visils Thc¢'ONgl~I/l'ANT. as t!nginccr of Record. shall make visits to thc sttc at intc~'als appropriate lo thc various stages of construction, but a minimum of one and a nmximum of three visits per month. 1o obse~'c as :m experienced and qualified design professional thc progress and quality ,~l' Ibc executed \fork of Contractor(s) ;lilt.] tO determine, in general, if such work is proceeding in accordance wilh thc contracl documents. A written report of each visit shall be prepared and submitted to thc COUNTY within seven calendar days of each site visit. Task 15.03 RS_'~!5_Ic!).L I; ro_J cct_I3_.~2 resent at i v c '['hc CONSI:I.TANT shall provide full time Rcsiden~ Project Representative services for thc period of construction l Sec Attachment A Ibr duties, responsibilities and limitations of authority of Res;riehl l)ro]cct Representative). Thc period of construction shall be dclincd as ~l~c ~imc 10r completion in file original construction contract documents. Task 15.04 ~t!_02' l)rawinu P, cvicx~ 'l'hc ('ONStlI.'I'AN[' shall review, reject and/or approve shop drawings. v:hich each conlracmr is required lo submit, bul only tbr conformance wilh Iht design concq~t of thc prt~jcct and compliance with thc conlract documents. Also. thc ('ONSt~I.TANT shall determine thc acccptabiliw. subject to ('()UNTY approval, of substitute materials and,or cquiplllCllt proposed by COlllrilclors. ! ~ Jd Task Task 15.~(, Task 15~ ? Task ( 'l;tri licat ions '['he C(-)NSIJI.TAN'F shall respond to requests of thc ('OI'NTY. fi~r necessary clarifications and interpretations of the contract documents. This task will also inclmlc design supplcmcnls ;md revisions to hid drawings and specifications necessary for prcparalion of change orders required during construction. Matcrials'Oualitv Assurance Tcstin~ Thc CONSL!LTANT shall obtain thc services of a construction and malerials testing fim~ approved by lilt COtJN'I'Y to provide field and laboratory quality assurance testing of construction materials which arc lo be inco~orated into the work by thc Contractor (Sec Attachnlcnt B tbr a summa~' of testing sca'ices). .";cmi-l:inal and Final Inspection Participate in a scnli-linal inspection with lhc ('()1 'N'I'Y fi~r lhc puq~t~sc ~f dclcrmining if thc project is sulastai~liallv COlllplclc. allrl prepare a xvr~ttcn "punch list" of incomplete, dclbctivc or deficient items. Pa~icipatc tn a final inspection jointly with ('()[rNTY and Contractor rcprcscntatix'cs to assure that all "punch list" items arc completed and thal thc work has been cmnplctcd in accordance xxith thc contract documents. [~c_.qord Drawintz~."C'¢rti fications l'hc CONSULTANT shall prepare record drawings rcflccling rcvisl~ms ,md design supplcmcnls made during construction. Thc record draxvings '.viii hc based upon thc mm'keri-up prims, drawings, and other data :'urnishcd by thc CONTRA('T()R lo thc ('()l ~N'I'Y in accordance with ~l~c c, mtracl (tocumcnts and spccificalions. ('ONSI:I.TANT shall providc :m ulcclronic file in Auto('A[) fRelcasc 14) m ('OI_'NTY for thc rcc~rtt {Irawings. These record drawings shall not show rmv changes fi'om thc t,riginal plans which do m~t cxcccd tolerances listed below. All roarer'iai ::mt or product cimngcs shull bo rctlcctcd in thc record th'axvings. Elevation Greater than .()833 feet. HoriTontal Stationing (ircater than 1.0 [cci. Distances Greater than 1.¢} feet. Slructurc Dimensions ( h-cater than .(183."; l;ascd on record drawing inf'ormation fiu'nishcd hv Iht cm~tractor, thc ('()NSf ~I.'['ANT shall prepare ccrlification lcucrs t,~ permit agencies ;~l,,ng will~ sulmlittal {d'applic;tblc rcc{~rtl drawings. Task 'Fa~k I5.10 \Vammtv Inspection The CONSLII.TANT shall pcrfonn a warranty inspection of thc pr,~jccl clcvcn (l l)months following thc final inspection or final acceptance by the COUNTY to determine that thc work performed by thc contrach~r has met all provisions of the one (1) year guarantee period requirement oF thc construction contract and shall provide a written report with rccommendations to thc COUNTY. B rid gc/l,',i ~ht-o f-Wa7 Monumcntation [.lpon complctiol~ of construction, the ('ONSU1,TANT shall install t'our monuments, one in each quadranl of thc bridge at a location lo he determined by thc COUNTY and thc Big Cypress Basin. Molltltllellt:ttiotl shall bo tied to section lines, road right-of-way and canal rigllt-of-wa5 and shall be shoxvn on thc record drawings. ATTACtlMENT A SIII'PI.,EI~IENTAI, AGREEMENT NO. 1 SCOPE OF SERVICES AIRPORT-I'I!IA.ANG ROAD BRIDGE AT ,II;NCTION IMMOKALEE ROAI) COI.IAER COUNTY PRO,IECT NO. 66067 Duties, Responsibilities, and l.imilations of Authorily of Resident Projecl Representative Resident Prqje¢'t Re?rc~'entattve CONSIJI.TAN F shall furnish a Resident Pr°Ject Reprcscntalivc ("RPR"). assistants, and other field staff to assist C'ONSUI.TANT in observing progress and quality of work. The RPR. assislants, and ,',thor field staff under this Attachment A may provide full time rcprcscntatmn or may prov~dc rcprcscntatton to a Icsscr dcgrcc. Through such on-s~le observations of the ('ontractor's work in progress and field checks of materials and equipment by the RPR and assistants. CONSULTANT shall endeavor to provide protection for ('()IiNT'F against defects and deficiencies m thc work. l-towevcr, the CONSULTANT shall not. during such vis/ts or as a result ct'such observations of Contractor's work m progress, supcrvmc, direct, or have control over Iht ('ontractor's work nor shall CONS{ iI,'I',,\N'[' have authority over or responsibility Ibr thc means, methods, techniques. sequences, or procedures selected by Contractor. lbr safety precautions and programs incident to the Contractor's work in progress, for an.',' failure of Contractor to comply with Laws and Regtdations applicable to Contractor's performing and furnishing the work. or responsibility of constructmn fm ('omractor's failure to furnish and perfom~ thc work in accordance with thc Contract Documents. In addition, the specific limitalions scl forth in Arlicle 1.11 oflhe l'rofcssional Sc:v~ccs Agrccmcnt arc appl~cablc. Thc P, PR antl as. qistants shall be qualified to provide the services described herein and shall bc subjccl to appr(,val of thc COI!NT'f. ']'hc dulies and responsibilities of thc RPR arc limited tt> those of('()NNI iI,TANT in thc l'rofessional Services Agrccmcn! with thc ('OtlNTY and m thc cor~strucl~c,n c{mtracl docun~cnts, and arc furti~cr I~m~tcd and described as follows: ( RI'l{ ~s ('()NS[ il.'l'AN'l"s agent at thc s~Ic. x,,'~ll act :ts directed hv and under thc >tq~crx'u;~on o1'( 7( )NSf :I,TAN'I'. and w~ll conlL'r with ('()NSf ~I ,'['ANT regarding RI'R's aclmns. RPR's dealings m malters pertaining lo iht ('onlracmr's work m progress shall general hc wid~ (:ONSIII,TANT and ('onlracmr. keeping ('OtIN'I'Y advised as ncccssa~x'. RPR's dealings with subconlracmrs shall only he lhrough or with thc knowledge and approval of Contractor. RPR shall generally communicate wid~ ('()1 ~N'I'h' with thc knowledge of and trader thc d~rcctmn of C'()XSt ll.']'ANT. l'agc ,l ,d'll i "--~ t,.-¢.) o. the prngrc~ ~chedu]e. ~chedulc nf Nhdp Drawmg~ and Nample subnmtal,, and schcdt;Ic of values prepared by (~omracmr ami consull wnh (X_)NSUL'IANI and ~N'I'Y concerning acccplab~l~y. /',vnf~,ren('e.v am/MeelitLi,,.v: Attend meetings x,,'~th (.'or, tractor anti ('()lINTY. such as prc-constrtmtmr~ cont'ercnccs. pr,)prcis 111cctmgk. job c(mfcrcnccs and oilier proJect-related meetings, and prepare and c~rculat¢ cop~cs of mmules lhereof. /.hl:.',ol! ' a. ,%cr','c as ('()NS! II.'I'AN'I"s liaison with ('onlraclor. ',vorkmg principally thr,,ugh ( 'm'Hractor's suF~er~ntendenl and assISl in understandHlg the lnlclll .,\ss~s! ('~}NSI II.'I'AN'I m serving as ('()IlN'I'Y's liaison w~lh ('on!ratter v. hen ( 'onlracl.r's operations affccl (.'(){ IN I ~ .s on-site opera!runs. .,\sstq m ob!a~nmg fron~ ('()lINTY additional de!mis or mlbrmatmn, when rcquircd f~r proper execution of Ibc work. /tlIt,IT~F('IUIHII1 ti/'( 'tItlft'[lUl ])oUltmUtlLs' l(cp, m ~(, ( '( )NSI 71 .'1 ANI' when clanficauons and mtc~rctatmns of d~c design pi:re, and SpCCll'It'allollS arc llccdcd and transm~l to ('onlraclor anti COt ;N'I'Y such clarlficatl,,:~- illld inl,:rprctallOll5 a5 iNS!lCd bv( '( )NSI '1,I ANT. .¥1;op /)rmt'in.k,.v and a. Record d:t~c el'receipt and approval of Samples and Shop l)rawlr~gs. Review samplc.s winch arc furnished al Iht site by ('on!ratters. and notlfv ('¢)NSI ii .'['ANT of availability of Samples for exammntmn. :'~,dx'lse ( '¢ )NS{ TI .'l ANT and ( 'ontraclor of the commencement of any porrt,m of ~}l:tl lilt stll~/lllll:~] hits Ilol bccl~ prcvlously approved by ('()NSf :I TANI. ~ [, ~d; fit 'dlt~ll.x ' (~m,~d,.'r' and evaluate ('onlractor'~. 5uggcslions lBr modificalions 1o Iht design plans and ~,r .pCCllical~ons and rcporl xv~th RPR's recommcndalmns to ('()NSI!I.'I'AN I ~'( H 'Nih'. ['rallS11111 I~ ('onlract,~r and ~,r ~ '( )I:NIY JL~'2c < b. Report to CONS[II.TANT and ('()lIN'FY v.'hcncvcr I,',I'R believes lhat any pan of ('onlraclor's work m progress will not produce a complclcd proJeCt that cmflkmns generally lo Ibc ('omrac~ Documcnls or will prejudice thc Inlcgr~ly of the design of the completed proJeCt as a functiomng whole as indicated m thc ('ontract Documents. or has been damaged, or docs not meel the reqmremen:s of any inspection, text or approval rcqmrcd to be made: and advise CONSUL'I AN'I of'lhat part of work in progress thal RPR believes should be co~ected or rejected or should be uncovered fi~r observ:mon, or requires special lesling, inspeclmn or approval. lu.vwt'ti,m ~', '/'e.v/.s, and .ST.~ t~'m .$'tarlUl~.X .' a. ('onsult w~th (X)NSIII.'I'ANI' alld ('()lINTY m advance of scheduled ma.lot mspectmns, lexis, and svstcms slarlups of m'ffmrlant phases of thc work. Vc~tt'y fl~at lcxlx, cqtnpmcnt, and systems start-ups and operating and maintenance training arc conducted m Ibc presence of appropriate ('OU'NTY personnel, and that ('{mlr.qctor lllalI')talnx adequate records thereof. c}bscrvc, record, and rcpm'l to ('()NSIlI.TANT and COUNTY appropriate details relative to the text pn~cedurcs, test xchcdulcs, and systems startups. Accompany ,,qs~tmg mspcctorx representing public or other agencies having lur~schctmn over thc project, record thc results of these inspcctiolls, and report ( 'r )NSUI,TAN'I and C( )UN'I'Y. a. Maintain at the site orderly files for correspondence, reports of job conferences. reproductions of original ('omract l)ocumcnts including all Change Orders. I:~cld ()rdcrs. \Vork l)ircctwe t'hangcs. Addenda. addmonal design drawings issued subscquc~l to thc execution of the constructmn cotltract. ('ONSUI,TANT's clarificalmns and mtcrprctattons of tile ('ontract l}ocunlcnts, progress reports. Nhop l)rawUlg and Sample xubmiltal~, rccmvcd fronl amt dchvercd to ('o~llractor. and other project relaled docunlcnts. ['lcparc a daily rcl',ort In a format provldcd by thc ('( )I ~N'I'Y and kccp a d~a:", book. rcc~rdlllg (o~Irach,:"5 }lotffs ml thc site. xtcat}lcr co~ld~t~otl~, data roi;rove to questions of ('hangc (~rders. Field Orders. Work I)ircct~ve Changes. changed conditions, silo VlSllOrs. daily acUv~tics, dec,stuns, obscrvatmns m general, alld specific obscrvatl{ms ltl IIIOFC detail as ill Iht case Of observing procedures: alld solid copy Io ('()NSI :[.TANT and ('()1 )NTh'. Record names, addrcsscx and telephone numbers of all ('ontraclors. · mbconlraclors, and lll;.l. IOl' XUpl'~llcrq of lll;.llerltllX alld equipment. ti. .NlaUll;U)l records for I)xc m preparing project documcntatmn. t tp<m completion of t)~t. work. furnish original scl of all RI'R pIo)cct ,h~ct]Zl'WtllallOll l(* ( '( INN[ :l .I .,\NI and ( '( )1 :N'I'Y. ['age (, ~,I I I II. 12. /3. /4. ]~ '[?~ ~rl.,'. a. Furmsh lo ('()N.'-;IJI.TANT and (.X)UNT'~' periodic rcporls as required of pro~rcss of Ibc work and o£ Conlraclor's compliance with tI~c pro,ross schedule and schedule of' Shop l)rawing anti Sample submiuals. l)rafl and recommend to CONSUI,TANT and (;OUN'FY for approval, proposed ('hangc ~)rdcrs, Work l)lrectiv¢ Changes. and Field ()triers. f,)htaln backup material from Conlractor. Furnish Itl (:ON.'<,I~I,TANT and ('()lINTY copies of all inspcctmn, tcs~. and syMcm slartup reports. d. P, cport mm~cd~alcly to ('()NStJI,'i'AN'I' and C()tIN'I"f the occurrence of any ~stc acc~clcnt~, nny I la~rdous Envlronmcntal ('ondimms. cmcr~enc~c's, or acts ~ hM cndan~crmg Iht work, and property damaged by fire or ofl~cr causes. l~,cvlc'v...x, pl~hcal~m.s for ]'avmc'nl xv]th ('onlractor and ('()I }NTh' thc exit:bi,shed procedure fi~r their submission and fonvard wH}l recommendations to ('()NSt'I.IAN'I and ('()I.IN'I'Y. noting pamcularly thc rcla~onshH~ o1' thc payment rcquc<tt.d I~ IRc schedule oi' x'alucs, work completed, and malcr~als and dchx c~cd al d~c s~lc }~tlt rlt)l ]ricoH,orated in the work. ( '~'l'//l]~ ,/;, '.~. I)urlng irc course of thc work. vcrll}.' l}lat materials and equipment ccrlll~calcs, operation and lur:~lshcd bv ('ontractor arc applicable Io thc Hems acluallv installed add in accord:met ('()NSI'I.'I'AN'[ ti}r rcx'~cx~ and Ibrxxartl lo ('()[TN'FY prior tt~ payment l~,r that par: of thc 'lit;Il: J/CI'oI'c ('t)N.<,[ :i.'I'AN'I issues a ('¢rlll'lcatc oJ' ,q, LlbslaIlllal ( '{~mplclioll. sLlbmli Jo ~ 't~illiactor aIld ('()1 '.N"I'Y :1 ptlHctl Iisl of observc'd itcnls rcquli'lIlp cotHplclIO:l or )b~,crvc wJlclhcr ('ontr;ictor ha.,. arranged for inspections l'cqulrcd by l.ax~ s and }{cgt]lalions. inchld)ng but not l~m~tcd 1o those to bc pc'rI~rmcd bx public :I~L'IICICS JliIVIII~ .1LlrlsdlcIloll over thc work. ]'arllClpatc in a semi-final and l'ma] inspection in tile cot~lpany of {'()N.'qlrl.'I'ANT. ('( )l lN'l"f, and ¢'ontraclor and prepare a final punch l~st of ~tcms lo bc completed or corrected. ()bscrvc whether all ;terns on Iht fin;il punch lisl have be'Ch ctmlplclcd t,wrcctcd and make recommendations to ('()NNt!I.T.ANT and /5. D. l'tt b It c Rclo tiot~.~' Thc I~,I)R shall interact with the public, as necessary. The RPR shall notify COUNTY. in a timely manner, of thc content and nature of all public inquiries, complaints, and concerns. P, PR shall assist COUNTY in preparing newspaper/media releases to infom~ ~hc public of critical project ex'cms (~.c.. lane closures). t.tcsidcr, t l'rojccl l:,cprcscntat~vc shall not: '9 Authorize an}' dc%'iallon from the ('onlrac! l)ocumcnls or subst~ItHion of materials or cquipmcnl (including "or-equal" ~tems). Exceed limitatsons of ('ONSIJI.TANT's authority as set forth in thc Professional Scr~'lces Agrccmc~ll or thc construction contract documents. I. Inderlakc any of ('(mtracl()r's superintcndcnl. /~tlvise on. issue d~rectlOllS relative to or aSSLHIlC COtllrol over tin,,' i~sl'~cct {q' tile lilt;Ins, lllClhods, tccJlrllquc.,,, sC~.tL~CllCC.s t)l' procedures of (.7onlractor'.~ x~(,:k unless such advice or d~rcctJon> arc specifically required by the ¢o:~strucI~,,:x contract doculllellts. Advise on. issue directions rc'gardlng, or assume control over safc'ly and programs in connection xv~th thc act~x'~t~es or operations of ('ontractor. I'articipale in spccmhzcd lqcld or laboratory tests or inspections conduclcd off- ,~t¢ hv others cxccp! as specifically atHhoriTed }'~v ('(')NS[ H.TANT. 7. Accept Shop [)rawtng or N.qmplc sul~m~ltals from an.vonc other than ('t)ntrac~,*: ,.\t~thorizc ('()[ rN'I'h' 1o occupy Iht Pro.icc! m x~h()]c ()r in parl. Ih.Stle inlerpretallons of Ibc C~)ll~,ll'l.l¢tlOll a[2rcclllc~ll alia related provlsi~m5 I~) i}',c' ('omraclor unless aulhor~/cd i,~ thc ('()[ !N'I"~'. I'agc ,~ of ! I ~_U~MAR¥ OF $£RVICE$ AND Airporl-Pulling Road Bridge ~) Junction of Immokalae Road Naples, Collier County, Florida P1LING - PP~C::a~T YAJ~ tNSPEC:?ION (pe,"'fo~m p~ec~st InspeCtions I! the plant) 40 hrs. Senior En0ineenr~ Techn. oan 0nspect precast operat~onsJ @538,00/hr, 2 Sets of [41 Concrete Cyl,nders ~582.00/sct. 8 Sets of (5) Concrete Cyhnder$ (~592.00/se! 10 A,~ Tests ~514.00/ea. PILE INSTALLATION O~..~'R'VATION (monlto~ pile ~nstallbtio~ at ~'o.joct site, WEAP ~a~ysis ~ PDA by GRL]. 100 hr$. Engmeenng Technioan to men,toT pile installation @$30.O0/hr, 5 hfs. Sen~or Prelect Engineer ~590.O0/hr. 5 hrs. Technical Secretary ~529.00/hr. 24 hrs. Prelect Engine. er @565.00/hr. 2 W[AP Analys~s @5280.00/ea, P,le Driving Analyzer (PEA) by GRL VIBRATION MONIT Of UNG (during p~le k~ste~lmlo~} 40 hrs. Senior Engineer,no Techn,oan 10 days Machine Use (~$50.00loay 1 hr. Sen,or Project Eno=neeT ~590.00/hr. 10 hrs. Prolect Engineer @565.00/hr. 2 hfs Technical Secreta~ ~29.00~r (perform p~ecast qu,~i!y ossure~ce tes!ir, g o¢ structural concrete) 30 Sets of 40 Se[s of (41 Concrete Cyhr~de~S ~5¢52.00rse! 30 A~r Tes!s (~514.00lea .~OILS T£STING (p~pa bad, fill, m'nb~nkment, stabilized sub¢~e ~d base ma~i~s) 10 hr~ ~431er~als Samphng 100 In-~ace Oensdy Tests ~522.00,'ea 4 Sh3nea~d Proctors 3 Modmed Proctors ~578.00/ea 3 Lime~ock Beanng ~uo {LBRI O53~O0/ua 2 Sieve A~IyS~S ~$30.OO/ea. 20rgar,c Content ~$28.00/ea. s 1,520 O0 5164.00 5736.00 $140.00 Subtotal: 2,560.00 53,000.00 545000 5145 00 51,560 00 556003 s_3_2 oo o~ Sub~o!,3L 5~,915 00 51.520.00 $50O.00 $90.00 $650.00 s~8.00 Subtotal: 52.81800 52.760 OC 53.280 CC, 5420 92 Sut>!n~at: $~.460 5300 s 2.20C, 0:' S3~2 5234 OC 5900 03 561.00 $5~ 09 Subtotal: 54,Or: ? ' :'' ,d ]l J .Jo3. ') ~,J. MMARY OF SERVICES A~E ';_05T$ Airport-Pulling Road 8rldl),. ~ Junction of Immokalee Road Naples, Collier County, Florida 0'7 A.~pH AZ.T 6 hrs. S.ampl,ng Asphell at 4 Analys,s of Extracted Aggregate and El,lumen ~$95.00/each $180.00 Subtotal: $560.00 TOTAL ESTIMATED COST: $25,376.00 l';Igc It <,f II 10'7'08 EXECUTIVE SUMMARY PETITION FOIl THE HUNTERS ROAD PAVING ASSESSMENT DISTRICT MUNICIPAL SERVICE BENEFIT UNIT (MSBU) IN SECTION 6, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To accept a petition for the proposed MSBU Paving Assessment District, direct staff to prepare a Feasibility Report, accept and record the right-of-way conveyance documents received to date, and approve any necessary budget amendments. CONSIDERATIONS.: On October 8, 1996, the property owners of ttunters Road petitioned the Board to improve Hunters Road without the County's involvement to avoid the lengthy, cumbersome process of creating an MSBU, and undertaking the various public hearings and phases of improvements by th,: County. Some property owners questioned the equity of payment and expressed right-of-way acquisition concerns. They now desire to pursue the MSBU process. Thc following outline provides an overview of the property owners' requests: Petition (Attachmcnt_D was received July 29, 1998, by the Transportation Services Department requesting thc Board of County Commissioners improve and maintain a road known as Hunters Road in Section 6, Township 49 South, Range 26 East. Hunters Road is located off Livingston Road and south of Daniels Road. Staff identified the district boundary based on access to Hunters Road as shown on Attachment 2. There are a total of 40 parcels within the district and 25 parcels arc represented by property owners signatures on the petition, exceeding the 50% plus one (1) requirement tbr consideration as an MSBU assessment district. A Feasibility Rcpgrl to determine thc project's viability from a design, construction and cost perspective would irmludc thc following: 2. 3. 4. 5. 6. In-house or Consultant engineering analysis Legal Description of the proposed District Layout of Proposed Improvements Preliminary Plans and Specifications for proposed improvements Quantity of'Materials and Cost Estimates for proposed improvements Total Project Costs a. Dcsign Services b. Construction engineering and inspection services c. Easement acquisition d. Legal Advertising expenses c. Printing and Mailing of Notices expenses f. Financing costs g. Environmental Audit Thc Public Works Engi Feasibility Report. nccring Department has estimated tile cost at $11,000 to prepare tile 0 C 1 2 0 1.o. 98 Executive Summary Hunters Road MSBU Page 2 To accommodate thc paving of Hunters Road, a total of 41 parcels must convey the necessar3' right-of-way to Collier County. To date, the County has received 23 conveyances. There are 18 outstanding properties which have not dedicated an easement for road right-of-way. In addition. several of these owners have requested the return of previously executed documents of conveyance. There are also several parcels which have been sold and which had also executed un-recorded easements. The County Attorney's Office has opined that an MSBU may declare Eminent Domain if necessary. Section 255.22, Florida Statutes, allows for the reconveyance of thc easements not used for a specific purpose. Representatives of the property owners are requesting that the Board accept and record the conveyance documents received and after all are received and prior to construction, direct staff to prepare any documents necessary to convey clear title to Ifc property (casements, mortgage subordination's, etc.). FISCAL IMPACT: The Feasibility Report and recording fees are estimated at 5;I 1,500 and are available in Reserves for Capital Outlay of Fund 341-919010-993000. Funds will be expended from Road Assessments-Receivable Fund 341 - 162110-634999-69123. GROWTH MANAGEMENT IMPACT: None RECOMSIENDATION: That the Board of County Commissioners approve the following: .~Rus;.Muller, Eng~er II Deena Qginn, Real P~pe~y~pe~ Edward~. K~~~~ation Sen, ices Director APPROVED BY: ~~ - Ed lls~n~,~ublic Works Administrator Accept the Petition for the Hunters Road Paving Assessment District MSBU; Direct Staff to prepare an Engineering Feasibility Report; Approve the recording of the right-of-way easement received to date and direct Staffto record smd easemenls: Direct Staff to pursue acquisition of remaining right-of-way easements: and Approve an3' necessaD' budget amendments. DATE: /d"'""~ '4"fi' DATE: /. , .:,' DATE:./,,~ - 7- DATE: Rbl,'tm/100798/ES I luntcrs Rd doc PETITION ATTACltI~Evr 1 TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The undersigned petitioners hereby request the Board of County Commissioners to establish the Hunter's Road Assessment District. It is understood that the purpose of this district is to construct and maintain a road built to County Standards. These improvements shall be paid for by special assessment and collection by billing and lien in sufficient amount to meet the cost of said improvements. The total project cost is estimated to be between .5,180,000 to 400,000 and the annual assessment could be as follows: Total Project Cost Annual Tax Annual Tax Annual Tax 5 yearpay off 10 ycarpay off $180,000 $1,217 $ 724 $ 495 $400,000 $2,707 $I,610 After investigation by the Public Works Division and an advertised notice, a public hearing shall be held to determine if the proposed assessment district shall be created. Each affected property owner shall be notified of the public hearing by U.S, Mail. NAME ;, : / ~,. ',, . .. I J/,'~ .. , ADDRESS -.' /:-'' /-/,/z-'t- /- TAX FOLIO DATE NUMBER ' "' '~' i ~- f '~:. /~' ' /-':/- .' .:i'~ :5' ,'.: -,"' : '.:.' t " .<. , ~.r .. -; tz ,* t PETITION ATTACHMENT 1 PAGE 2 OF 8 TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The undersigned petitioners hereby request the Board of County Commissioners to establish the Huntcr's Road Assessment District. It is understood that the purpose of this district is to construct and maintain a road built to County Standards. These improvements shall be paid for by special assessment and collection by billing and lien in sufficient amount to meet the cost of said improvements. Thc total project cost is estimated to be between $180,000 to 400,000 and the annual assessment could be as follows: Tota] Project Cost Annual Tax Annual Tax Annual Tax 5 yearpay off 10 year pay Off 20 year pay off $180,000 $l,217 $ 724 $ 495 $400,000 $2,707 $1,610 $1,100 After investigation by' the Public Works Division and an advertised notice, a public hearing shall be held to determine if the proposed assessment district shall be created. Each affected property owner shall be notified ofthe public hearing by U.S. Mail. NAME ADDRESS TAX FOLIO DATE NUMBER (~411~' ATI'ACHMENT 1 PAGE 3 OF 8~ PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA' The undersigned petitioners hereby request the Board of County Commissioners to establish thc Hunter's Road Assessment District. It is understood that the purpose of tiffs district is to construct and maintain a road built to Standards. These improvements shall be paid for by special assessment and collection by billing and lien in sufficient amount to meet the cost of said improvements. The total project cost is estimated to be between S180,000 to 40(I,000 and the annual assessment could be as follows: Total Project Cost Annual Tax Annual Tax Annual Tax 5 year pay off 10 year pay off 2.O..&CXILP.3~ S180,000 Sl,217 $ 724 $ 495 S400,000 $2,707 $1,610 $1,100 After investigation by the Public Works Division and an advertised notice, a public hearing shall be held to determine if thc proposed assessment district shall be created. Each affected property owner shall be notified of thc public hearing by U.S. Mail. NAM~E ~ ADDRESS TAX FOLIO DATE NUMBER /~ ~ zo /~.~r,~ ; /z z> ~ ...~ .7. OCi :i.O ATTACIiHENT 1 PAGE 4 OF 8 PETITION TO THE BOARD OF COLLN'TY COMMISSIONERS OF COLLIER COUNTY, FLOP,.~A: Thc undcrsisned petitioners hereby request thc Board of County Corrunissioncrs to establish thc Hunter's Road Assessment Dis:rict. I: is understood d',at thc purpose of this district is to construct and maintain a road buiR to County Standards. These improvernenls shall be paid for by special ~scssmcnt and collection by billing ~.nd lien in sufCcic'nt amount to mc~! the cost of said improvements. The total project cost is estimated to be between 51 t0,C00 to 400,000 and thc annual ass~smcnt could be am follows: Total Projc~.i Cost Annual Tax Arau~ Tm Annual Tax 5180,000 S 1,217 S 724 (.._ ~ 495 ~--".._ 5400.000 I;2,707 $1,610 ~ 51~ A~er investigation by the Public Works Division and an advertised notice, a public hearing shall bc h~,ld to ale'.ermine :f thc proposed assessmcnl district shall be c:'catcd. Each affected properD' or, net · hall bc notified of the public hc.,uring by U.S. Mail. NAME ADDRESS TAX FOLIO DATE NUMBER I ATTACItHEI~I' 1 PAGE 5 OF 8 PETITION TO THE BOA.RD OF COLrl';TY COM'MISSIONERS OF COLLIER COUNTY, FLOR.IDA: T.u,c Jn,Je:signcd pe:~tionets hereb)' request :he Humcr's [),.,.)ad A.>sc..smcn. Distn::. :t is undc,'s:eod ,h:~. q'c pumose oi'this dislrml ts to ccnst~ct an~ maintain a road built to County .... ~..l ,,~. Tt',2~c '.mi:~o"eme,~:.¢ shall be p~i~ fer by sre'ia~ assessment and collec:io~ I~cn .*, sul':'~c~cnl an:e,;:;: :o mae: :he cost cfsdd improvements. The total project cost is estimated bcz t,ctwect; $180j2,20 ',o..~..'('c~,.,...qr'{',. ;:;~ thc armua; .s~c~c~t court be ~ follow;; l'ct'J: PrqiccL.~I A,nual Tax Annual Tax Annual ';180 )Oc~_ Sl.."7 $ 724 S ,.'Oc. $ :130,00(1 $ 2,':{~ 7 S 1.610 $1, ! ~( ~,ftcr invesl{gati(.r', bv. :tie Public Works Division and :n adve,'tise~ noticm a ?ub'i¢ hearj,,}:, s. ',,:,.'' >,c held to delennine if thc Fropcscd assessment distract shall be created. Each ?Jfe~':cd ?roper',>' :~v.':,=r :,hail L,c not,fled of the public hearing b;' U.,7,. Nl~il NA?d' E A D D R ESS TAX FI) LI O NUMBER OCT-2 0 I££,S ATTACHMENT i PAGE 6 OF 8 PETITION SUMMARY l~ot ~ 51 Folio Number 00283560007 Name & Address Gordon E. & Donna S. Hurst 6310 Hunters Road 00284600006 George & Karen Comacchia 6688 Hunters Road o 52 12 00284600103 00283000005 Donald F. Ringo & Tracy Raskin 125 Blue Ridge Drive Naples, Fl_, 34112 Kate J & Michael J Be~en 6370 Hunters Road o 60 02 50 002834400O5 00284920O03 00282600008 00284520005 Kriston J. & Charlotte A. Kent 6371 Hunters Road 59 00284880004 Scott W & Pat, la V. Brocious 6420 Hunters Road 74 00285400205 Dan R. & Lorraine Henthorne 6470 Hunters Road II 27 00282960O07 00283600007 Jeffrev L. Davidson 6620 Hunters Road 78 00285400807 Charles E. & Lana Abraham 6625 Hunters Road I 0. 21 0O28340OOO3 Jane Rogers 454 6th Street South Naples, FL 34 i 02 11. 4O 00284120007 Stephen & Marcia C. Schurlknight 316 Sharvvod Drive Naples, FL 34110 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 2O 6 I0 73 9 19 Folio Number 00283360O04 51060000044 51060000028 00282720001 00282760003 00282920005 00284800000 00285400108 00282880006 00283320002 ATTACHMENT 1 PAGE 7 OF 8 PETITION SUMMARY Name & Address Ann Rogers Jacobson 454 6th Street South Naples, FL 34102 Rita M. Allen Tr 6770 Hunters Road Edward A. & Lynn M. Brunsman 6800 Hunters Road Wesley R. & Margaret C. Rosier 6820 Hunters Road 5063 Sand Dollar Lane Naples, FL 34103 Monika & Beatrix Ammann and Ulrich R. & Gerda Girsberger Embracher Str 28 8185 Winkel Switzerland 6870 Hunters Road Anthony & Christina Dinorcia 6920 Hunters Road Henry Houp Et Ux 692 ! Hunters Road Thomas E. & Mar/anne Killen 6950 Hunters Road Case.',' & Cindy Cote 6970 Hunters Road George Harrison 5016 Darden Avenue Orlando, FL 32812 6971 Hunters Road 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. Lot." 63 64 65 66 67 68 69 70 75 80 82 83 48 27 29 36 49 Folio Number 00282840004 00285080007 00285120006 00285160008 0O285200007 00285240009 00285280001 00285320000 00285400302 00285401000 00285401204 00285401301 00284440004 00283601006 00283680001 00284000004 00284480006 00284840002 Name & Address Catherine E. Campbell 7030 Hunters Road ATTACtlMENT 1 PAGE 8 OF 8 PETITION S UHI~L~Y James A. & Karen S. Stewart 60 Livingston Road State of Florida Allen Kratz 10 Sabre Cay Bernier Estates 7051 Hunters Road Michael G. Moore 2172 Pine Ridge Road #D 6985 Hunters Road William R. & Carole G. Cook 6875 Hunters Road Edward M. & Shelly D. Aristizabal Robert, Marls, Silvain Larouche 5301 Maple Lane Darien Z Greco & Irmina P. Zerbe 6823 Hunters Road 29270 SW 187th Court Homestead, FL 33030 Barbara Govoni 4303 Robin Avenue Bobby & Billie McCollum 6570 Daniels Road ATTACtL"iENT 2 PAGE 1 OF 1 BUDGET AMENDMENT REQUEST For BudgcffFinancc Usc Only BA# ............. IA.P,H. Date ....................... FUND TITLE Road Assessments-Receivable FUND NO. 341 Date prepared: 10;07,'98 BCC Agenda date if previously approved. Attach Executive Summary Item No. EXPENSE BUDGET DETAIL 69123 Public ~,'orks Division Office Cost Center Title 162110 Cost Center No. Hunter's Road- MSBU [Project Title ! Project No. I Expenditure I Expenditure [ Increase~i Current Object Code ! Iitle (Decrease} I Budget 634999 Other 11,500 0 Contractual Services Revised Budget 11,500 TOTAL 11,500 Reserves 1919010 Cost Center Title Cost Center No. Project Title Project No. Expenditure Object Code 993000 Expenditure Title Increase (Decrease) (i 1,5oo) _~ [Current TOTAL (11,500) Revised Budget 912,900 I Cost Center Title REVENUE BUDGET DETAIL 1 Cost Center No. I Project Title Project No. Revenue [ Revenue Title Increase Current Revised Object Code1~ (Decrease) Budget Budget TOTAL EXPLANATION Why are funds needed? Funds are needed for FeasibiliD' Report and recording fees (see Executive Summa~'l. Where are funds available? Funds are available in Reser~'es for Capital Outlay of Fund 341-919010-993000. Cost Center Director: Division Administrator: Budget Department: Agency Manager: Finance Department: Clerk of Board Admin.: Input by: B.A. No.: DATE BUDGET AMENI)MENT REQUEST For Budget/Finance Usc Only BA# ................ BAR# ............................ A P,}I. Date ..................... FUND TITLE Road Assessments-Receivable FUND NO. 341 Date prepared: 10/07/98 Attach Executive Summary BCC Agenda date Item No. if previously approved. EXPENSE BUDGET DETAIL Public Works Division Office Cost Center Title t62110 Cost Center No. ltunter's Road- MSBU Project Title 69123 Project No. Expenditure Expenditure Increase Current Revised Object Code Title (Decrease) Budget Budget 634999 Other 11,500 0 11,500 Contractual Ser~'ices TOTAL 11,500 Reserves Cost Center Title [919010 [Cost Center No. I I Project Title Project No. Expenditure Object Code 993000 Expenditure Title Capital Outlay Increase (11,500) Current Revised (Decrease) Budget Budget 924,400 912,900 TOTAL (11,500 REVENUE BUDGET DETAIL Cost Center Title Cost Center No. Project Title Project No. Revenue Revenue Title Increase Current Revised Object Code (Decrease) Budget Budget TOTAL EXPLANATION Why are funds needed? Funds are needed for Feasibility Report and recording fees (see Executive Summary). Where are funds available? Funds are available in Reserves for Capital Outlay of Fund 34 I-919010-993000. REVIEW PROC/ SS Cost Center Director: Division Administrator: Budget Department: V~,// Agency Manager: Finance Department: Clerk of Board Admin.: Input by: B.A. No.: DATE EXECUTIVE SUMMARY PETITION TM 96-18 FOR NEIGHBORHOOD TRAFFIC MANAGEMENT TO TRAFFIC CALM THAT PORTION OF ST. ANDREWS BOULEVARD FROM THE VICINITY OF FOREST HILLS BOULEVARD NORTHERLY TO THE VICINITY OF RATTLESNAKE HAMMOCK ROAD. OBJECTIVE: To approve TM 96-18 to allow for the installation of traffic calming measures on St. Andrews Boulevard within the Lely Country Club Property Owners Association community. CONSIDEIL, kTIOb{~: A petition signed by residents of the Lely Country Club Propert~y Owners Association on St. Andrews Boulevard has been received by thc Transportation Services Department. The subject section of St. Andrews Boulevard extends from Forest Hills Boulevard northerly to Rattlesnake Hammock Road, a distance of approximately six tenths (6~lO's) of a mile. In meetings and workshops, problems identified by the concerned residents were traffic speed, traffic volume, traffic composition and safety (i.e., cut-thru traffic, bicycle safety and a high incidence of speed related accidents on St. Andrews Boulevard). A traffic team was organized by the community and together with staff the traffic team reviewed traffic count data, speed analysis, vehicular crash history, composition of traffic and general roadway characteristics. St. Andrews Boulevard is presently marked for a single 16-foot travel lane with a 6-foot preferential bicycle lane fi, r each direction of travel. A 12-foot landscaped median separates opposing traffic lanes. There are sidewalks on both sides of the roadway. The posted speed limit for St. Andrews Boulevard is 30 MPH. Staff and the community traffic team reviewed several traffic calming techniques that would b~' appropriate for reducing traffic related safety concerns of the community residents. The community' reached consensus on a traffic calming technique that would provide the desired effect of improved resident livability by reducing the speed and accident potential. This traffic calming effort will also reduce or eliminate vehicular threat concerns for bicycle and pedestrian traffic. The traffic team recommended that a series of speed humps be approved for installation on thc subject section of St. Andrews Boulevard as indicated on the attached plan (Attachment 1). This proposal specifies eight ($) speed humps for the northbound section and seven (7) speed humps for the southbound direction of travel for a total of 15 speed humps. Letters of no objection for the installation of speed humps within the subject section of St. Andr¢~v's Boulevard have been received from the Sheriff's Office, the East Naples Fire Control and Rescue District, and Emergency Medical Services. Pi;.,__ J .... , . Executive Summary Petition TM 98-18 St. Andrew's Boulevard NTMP Page 2 As consideration for the installation of the 15 speed humps, the involved community has agreed to participate for half the total cost for installation of these traffic calming design features and associated signing and marking. The community also requests that thc Board of County Commissioners consider approval for the two phase installation program as noted on the attached plan. This is being requested by the community for financial planning purposes as it relates to their total financial commitment. The first phase would entail Ibc installation of 10 speed humps and the second would involve thc installation of five (5) speed humps. The following indicates the cost distribution reflected as lhe result of the proposed speed humps installations: Estimated Construction Costs 15, 20-foot wide Speed humps at $813.00 ea. Signing Pavement Markings Total $12,195.00 S 1,155.00 $16,050.00 FISCAL IMPACT: Total expenditures for this item are estimated at S16,050. The County's share is estimated at S8.025 and will be funded from Road Construction-Gas/ax Fund 313-1636')3- 634999-66076. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIO~N: That the Board of County Commissioners direct staff to coordinate the implementation of a traffic calming project on the subject section of St. Andrews Boulevard, app.rovc a.n amount of $8,025 which is the County's share for construction of this project, direct staff to obtain the agreed upon matching funds from the Lely Country Club Properly Owners Association, and schedule the installation of the speed humps by phases as requested by the community. REVIEWEDBY: : ,' /'(;'~-.:,/. /' f.~,'/,~' (j DATE:/s-'7- Edward J. Kant, P.E., Transporlatmn Sen, ices Director APPROVED BY: DATE: .-"o Ed Ilschner, Public Works Administrator ' Attachment(s) Collier Cou~,t'./ Gov: Com. Dlex Bld..o., - J 3301 Tam,am: Tra,! Eas',. N;!cles. FL 2,:i 12 T_te ...... ,-,r: (;-.C 9.:i) 774-4,:3.: ¢ 'f 13:2 .'7 Scptcmbcr 9. I Richard Casey, Project Manager Collier Count,,' Transportation Ser~'ices Department Collier County, Florida Dear Mr. Casev: I have received vour memorandum concerning the traffic calming speed humps requested by the residents of St. Andrev,'s Boulevard. I have reviewed this proposal with my staff and offer this letter as my notification of no objection to the project. If I can be of further sera'ice, please do not hesitate to contact me. JK:DH/pb cc: Captain Sanders Captain Crain File OFFICE OF THE CI-IfEF East Naples Fire Control and Rescue District 4798 Davis Boulevard: Naples. FL 34104 Tel# (941) 774-7111' Fax # (941) 774-1782 September 21, 1998 Mr. Richard Casey oo Project Manager 3301 E. Tamiami Trail Naples, FL 34104 Dear Mr. Casey: The East Naples Fire Control and Rescue D~s~r,c, has no objection to the traffic calming program for St. Andrew's Boulevard. Hov,'ever, I must remind the citizer, s c' Lely Estates that the proposed speed humps ma,/cause a slight delay in response time to this area. Sincerely, Robert Schank Fire Chief RS/mmf O' TO: FROM: I),,',,T E: R ~ F: Richard ('nsc)'. Prt%'cl X~er 'l'r;msponation Services l)epAr~ m~nt [)i;mu B Flagg. ('hiel' ,"1 E,nergency Services l)epan~l Au:~ust 14. Ig')N Nui.uhhnrhond 'l'lallic XlanaL. zunlcn~ . St ..\ndI'ev, 's l.~otilo, ard ,'vlv oflicc is In r,,.'ccij'H ul'lhu '['i;~r~.ii.,~rtathul Services Duparlrnc*nl pr(~l'~,~sc.d pJan Io install speed htJmps on a [,or'li(m of.SI .,\ndre',~. 's ]'~J'~t~lcv;lr'd Xlv ottlce has ~o. ic'.,,ed the t',rof~o.',ud plan. and is plum, ed to, prc~. ide tlli.,, Ictzcr of'nt~ ohjc'cticm Thank vnu lbr ,.~t~r c(msidt.'rali~m and prior not ilicali~m apf~recinled Mr. Edward J. Kant, P.E.Director Transportation Services Department 3301 East Tamiami Trail Naples, FL 34112 Dear Mr. Kant: Lely C.C. Property Owners Association, Inc. July 29, 1998 P.O. Box 1o997 Naples, FL 34~01 The Lely Country Club Property Owners Association, Inc Board, through contact survey is pleased to inform you that our membership has reached consensus as to proposed traffic calming measures for St. Andrew's Boulevard, Your staff and the Associati~)n's Traffic Team have reviewed various proposals and we have agreed to the speed hump technique. The team has agreed with the installation plan recommended and we are very much in favor of early implementation. As expressed to Mr. Richard Casey of your staff, we wish to proceed with the installation in two(2) phases. We request that this be presented to the Board of County Commissioners in this manner. Thank you for your cooperation in this matter and we look forward to a traffic calmed St. Andrew's Boulevard. Lely Country Club Property Owners Association, Inc has funds available for our share of Phase One of the Project and will be paid at the physical start of the Project. When final approval of the Project has been reached, please advise us of the starting date so that this payment can be made. Sincerely, Howard T. Matson //~ /'~/~ Secretary L.C.C.P.O.A. i .IL ....Cp.r,,o i <-' 35-19;8 CoLlier County Transportation Department Technicians: Dan Wilcox / Luis Trujitlo Volume by Speed by Lane Report · DO204OO4.PRN Stat 000000000002 Id: 000020498001 Start: Wed - Feb 04, 1998 at 12:00 City/Tc~n: NAPLES/LELY Location: ST ANDREWS BLVD W OF BERMUDA DUNES CT Lnl-~est Ln2-East Cid: 01 10:29 ~g I Fmt: 200 - I nperial Iht: 60 Min. Er~h Thu - Feb C5, 1998 at 12:0C County: C~LL[ER File: DO2040D~.PRN Station Data S~ry Speed(~r,_~h) 1-15 16-20 21-25 26-30 31-35 36-40 41-45 46-50 51-55 56-60 61-65 66-70 71-75 76-80 BI-i00 Total Grand Totals 52 72 359 1317 1466 570 85 17 4 1 2 2 2 2 6 3957 Percentages 1.31 1,82 9.07 33.28 37.05 14.40 2.15 0.43 0.10 0.03 0,05 0.05 0.05 0.05 O.15 Lane 1 2 To:a{ Grand ?ota[s 2031 1926 3957 Percentages 51.33 48.67 Speed SJ~T,~ry Total AvgSpd 15%ile 50%iie 85%ile >25 %>25 >35 3~57 31.C2 26.34 31.49 36.68 3474 87.8 691 17.5 36 0.9 Am/P~ Peak he.- Totals Speed(m,D~') ->15 ->20' -,25 ->33 *>35 ->4; ->45 --50 ->55 ->60 ->65 ->?C, ->75 ->~; ,30 Total Am Hour 7-8 4 4 2~ 118 1~8 29 5 2 0 0 0 0 ~ ~ 1 300 Percentages 7.69 5.56 7.80 8.96 7,37 5.0g 5.~ 11.76 0.00 0.00 0.00 0.00 0.00 50.CS' 15.67 7.58 Pm Hour 17-18 3 6 26 146 105 51 6 0 0 0 1 0 0 Percentages 5.77 8.33 7.24 11.09 7.16 8.95 7.06 0.$~ 0.00 0.00 50.00 O.OO O.O0 C.O~ 0.00 8.69 ~ Collier County Transportation Department ,j Technicians: Dan Viicox / Luis Trujil[o 02-06-1998 Volume by Speed by Lane Report - DO204OOI.PRN 10:29 pg 1 000000000005 Id: 000020498001 Cid: 01 Fmt: 200 - Imperial Iht: 60 Min. Wed - Feb 04, 1998 at 12:00 End: Thu - Feb 05, 1998 at 12:0~ City/Town: NAPLES/LEL~ County: COLLIER Location: ST ANDREWS 8LV~) U OF CHERRY HILL CT File: DO204OOI.PRN Ln1-Vest Ln2-East 5ration Data Su~nary SpeedCrr~oh) 1-15 16-20 21-25 26-30 31-35 36-40 41-45 46-50 51-55 56-60 61-65 66-70 71-75 76-80 81-100 To:aL Grand Totals 39 47 188 890 1561 854 215 66 45 33 35 54 65 ~ 208 437~ Percentages 0.89 1.07 4.30 20.35 35.70 19.53 4.92 1.51 1.03 0.75 0.80 1.23 1.49 1.67 Lane 1 2 Iota[ Grand Totals 2225 2148 4373 Percentages 50.88 49.12 Speed S~ma ry at AvgSl:x:l 15%i[e 50%ire ~5%i[e >25 ,~.>25 >35 ~35 >45 ~45 437:~ 38.01 27.72 33.62 43.57 4099 93.7 lb48 37'.7 579 13.2 Am/Pm Peak Hour Totals Am Hour 7-8 4 O 17 94 142 70 19 7 1 2 3 7 4 4 15 389 Percentages 10.26 0.00 9.0~ 10.56 9.10 8.20 8.8-: 10.61 2.22 6.06 8.57 12.96 6.15 5.48 7.21 8.90 Pm Hour 15-16 1 1 12 57 139 76 17 4 3 7 1 4 7 7 25 361 Percentages 2.56 2.13 6.3~ 6.40 8.90 ~.90 7.91 6.06 6.67 21.21 2.86 7.41 10.7-/ 9.59 12.C2 8.26 EXECUTIVE SUMMARY RECOGNIZE, APPROVE AND APPROPRIATE A PORTION OF CARRY FORWARD FROM FUND 136 FOR THE COMPLETION OF LANDSCAPE CONSTRUCTION ON CR 951 (PROJECT 69116). OBJECTIVE: To obtain Board approval for redistribution of a portion of Fund 136 Carry Forward so that the Golden Gate MSTU can complete a new landscape construction project on CR 951. CONSIDERATIOlX[,S.: On February 3, 1998, the Board of County Commissioners approved Agenda Item 8(b)(3) to fund new landscape construction on CR 951 medians. Part "A" of this project, which encompasses landscape construction on the medians from Golden Gate Parkway to the Golden Gate Canal, was to begin before the end of FY 1998. Funds in the amount of $213,000.00 were appropriated for this purpose. Additional funds in the amount of $26,225.00 were appropriated on April 21, 1998 for Staff costs and Landscape Architect fees for the duration of the project. During budget preparation for FY 1999 in April 1998, Staff forecasted that $225,000.00 of these combined project funds would be expended or encumbered by purchase order by the end of the Fiscal Year. The Public Works Engineering Department (PWED) initiated a Bid process in May 1998 to hire a landscape construction contractor. On September I, 1998, the Board awarded Bid #98-2807 in the amount of $196,327.55 lo Arazoza Brothers Corporation. An executed contract was not available before October 1, 1998. PWED Staff estimates that a Notice to Proceed will be given to Arazoza Brothers on October 19, !998. Completion of Part "A" is scheduled for mid-February 1999. FISCAL IMPACT: Funds in the amount of $215,000 are being requested for construction and Landscape Architect costs related to the completion of landscape improvements on CR 951 South. The funds for this projecl were budgeted and forecast to be expended in FY 1998. The contract for new construction was not fully executed by the end of FY 1998, and, therefore, necessary funds could not be encumbered and rolled over into FY 1999. Carry forward in the amount of $233,422.00 will be recognized as re'.,enue in Golden Gate MSTU Fund 136-162590-489200 as a result of a transfer of the forecasted funds. Of this revenue, $15,000.00 will be appropriated to the Engineerip. g Fee line item in the Gohlen Gate MSTU budget (Fund 136-162590-631403-69116); $200,000.00 will be appropriated to the Improvements General line item (Fund 136-162590-763100-69116); and the remaining $18,442 will be placed into reserves (Fund 136-919010-991000-00000). GROWTH MANAGEMENT IMPACT: None OCT 2 0 1998 Executive Summary CR 951 South Landscaping Page 2 RECOMMENDATION: That the Board of County Commissioners recognize, approvc, and appropriate $233,422 from Fund 136 Carry Forward so that landscape construction on CR 951 South medians can be completed, and approve required Budget Amendment(s) necessary to fund this project. SUBMITTED BY:sheila ~onvery, Secreta~ I~~ REVIEWED BY: IA/ .....~ / ~/ Edward J. K~ ~ponation Se~ices Director APPROVED BY: ~ Ed llschner; Pu~Works Administrator DATE: /o- ~'_~/~ DATE:/'~ - ?,-~/ CR 951 (;arc), For~.'ard doc .o._ihS.h2L. OCT 2 0 1~53 EXECUTIVE SUMMARY APPROVE SUPPLEMENTAL AGREEMENT NO. 5 WITtt HOLE, MONTES AND ASSOCIATES, INC. FOR TIlE IMMOKAI.EE ROAD SIX LANE IMPROVEMENT PROJECT NO. 69101; CIE NO. 08 OBJECTIVE: To receive the Board of County Commissioners' approval of Supplemental Agreement (S/A) No. 5 for the Immokalee Road Six Lane Improvement Project. DESCRIPTION: Transportation Services Department has directed Public Works Engineering Department to expand tim scope of the Consulting Engineering Services Agreement to include a bridge design and signalization modifications along the Immokalee Road. Thc bridge is nccessa~ to provide access to Broken Back Road, an offset unpaved road north ofthe C.R. 951 Intersection. With the four farting of lmmokalee Road, the current Broken Back Road access will not line up with the median opening. The residents going east will have to go through the C.R 951 Intersection and make a U-turn. With ~he speed on Immokalee Road, this kind of turning would pose a safety problem. Also, as hnmokalec Road is four laned, the existing traffic signals will need to be modified and in some cases, the polcs relocated. Staffhas negotiated this S/A No. 5 with Hole, Montes and Associates to include ~hc work in the road~vay project and recommends that it be approved. Original Contract Amount: $150,000.00 S/A No. I $299,756.53 S/A No. 2 $ 25,921.62 S/A No. 3 $ 35,900.00 S/A No. 4 $181,945.00 This S/A No. 5 S 66,766.00 Proposed Contract Amount $760,289.15 - Phase II: Plans design and permitting services. - Additional permitting and design services. - Design Study - Plans update and revision services. FISCAL IMPACT: Funds for S/A No.5 in the amount of $66,766 are are available in: Fund (331 ) Road Impact Fee District 1 Cost Center (163650) Road Impact Construction Project No. (69101 ) Immokalee Road GROWTH MANAGEMENT IMPACT: consistent xvith the Transportation sub-element of the Groxvth Management Plan. This Capital Improvement Element No. 08 is 0C1 2 O i;53 ExtcutW¢ Summa~' Irnmokal¢¢ Road, Projecl 6910], CIE #8 S~A No. 5 RECOMMENDATION: That the Board of County Commissioners approve Supplemental Agreement No. 5. Micah K. ~oi, P.E., PMP Projec3, Manager, Public Works Engineering Department · Richard J. Hellfiegel, l~,5)E. ~ ' In,~'im Public/V)~,9,.rk,~eering Director Edward J, K/axt~,~.- ----- -- APPROVED B '. __ __ _ _-_~ - Date: Ed Ilschner Public Works Administrator Attachment: S/A No. 5 I OCT20, :! Project No 6OlC~l S'A N(I. 5 SUPPI.EMENTAL AGP, EEMENT TO 'l' N CONS _I.TI, G ENGINF. ERING SERVICES AGREEMENT TIllS; SI :PPi .I!V.I!N'I'AI. AC H~I!I:.NII'iNT, mmic :md colored info thi~ ~d;~y oF t99S, by a'~d bctw¢c't the P.,o;~rd of Counly Cmmnissic,ners, Collier County, Florida, a political s,bdivision of the Stale of Florida. herelnal~er called the COUNTY, and ltole, Montes ~nd Associates, Inc. of"/l 5 Tenth Street. Smllh. N0ples. Florida 3~I~2, duly authnri?ed Io conduct business in the State of Florida. hereinafter called the CO"CSL'LTANT. WITNESSETI1 WIlFREAS. :he c. Ot 'NTh' and CONSI;I.TANT hcrcloforc on 21 May 1991 cntcred into an Agrecmcn! whereby lhe COUNTY relaincd the CONSU1.TANT to, fl~mished certain consulting sen'ices in connectic,n with propose,'! cm'mln~c:irr:~ ,of C.R.R.16 fl',ur laning improvements. Phase I&ll, (Jcl. I-'/5 lo Jcl. C.R. 051), Co',lnl.'.,' Project Nc,. 601C~l; ard. WHEREAS, Ibc Counly desires tn modify thc forms c,f said Agreement, and Ic,v,'arcl Ihal end il is necessary to,: TO REVISE .,\'.:r?','3R EXi"A";D l;PC)'~,' Tile SCOPE OF ORIGINAl. SERVICES OF TIlE PROJECT SPECIFICAI.I.Y RFI.ATING TO) ADDtTI,"3NAI. BRIDGE AND SIGNALIZATION PLANS PREPARATION A"'.;D TO COMPENS.XTF. Tile CONSUI.TANT FOR ADDITIONAl. COSTS TO BE INCL~RED FOR SA!D ADDITION:II. SERVICES. CONSULTANT'S FEE PROPOSAl. FOR ADDITION..',.L SF. RVICES DATED 11' SEPTEMBER 100g IS ATTACItED AS EXHIBIT "A" AND IS HEREB',.' ,tNC('3R POI'~ATED AND MADE A FORM..\I. PART OF Tills SUPPLEMENTAl. NO. 5. NO','.' Ti I,r. RF [ ¢'~)F, E, li~c Consuhm['. lm?neermg Ser',.'~ces Agreement ~s hereby amended and supplcmcnt:,.! a'~ folio,,v~' CONS 'I.T..',\' r' shall perfc,m'~ sen'~ccs for thc bridge and signalization constmclic,n plans in accordance ,,~ :~h E',.h:b~ "..',." nllached hereto 2. Contract fcc ad'u'~tmenl and status (this Supp!cn',ental ..~grccmcnt No. 5): 3.1 Clrigirml m.~xin'mm contracl Fee =. $15r~.O(~ 3.2 S'..\ Nc', I = $200.'5(, 3.3 S ANn ? = $ 25,021 ]5 .q'A Nc, .: = $1,gl,q45 36Thl,~.q ..\ No 5 =5 (',R76( Currcn: cc, ntracl fcc = $76(/,",~o Ir, crease .~'~- caJendar dilVS 5. Contracl cn,mpl,:lion: March I. IOOO. 6. Tt~e revi~.cd and currcnl hm',p sum conlraCl amc,lml as Slated above includes cosls for overhead, fringe ~,enefils. o,.~!-nf, pocket expenses, profil margin, and all other direcl and indirect costs and expenses. 7. Except as hcrclv.,' modified, amcr, dc:t. or changed, all of Ibc Icm'~s and conditions of said original C',',nsuhmg I!n'..::nccri,~g Scr,,',cc~, .,\grccmcnl alu,II rcm:m'~ in fid! fr, rcc and effect. lN' \\'I"['NIZR.R \VI il:I,' F~'~i.'. Iht.' l',atlics hclct,'~ have e;UlS,...',l thcqc i'~ro~cnl~, Iv, he executed tilt dav and .,,'car firsI ::bm.'e Page 1 ,ff 2 Project No. 69101 S/A N0.5 :\S TO TI IE BOARD OF COUNTY COMNIISSIONERS: ATT[ ST: D$.'IGHT £. 8ROCX, CLERK BOARD OF COUNTY COMMISSIONERS COI.I.IER COtlNTY, FI.OR1DA ' ' N AS TOTIIE CONSULTA, T: SIGNED. SEAl. El). AND DELIVERED IN TilE PRESENCE OF: SECON[} \Vl'l XhSS INA,MI:. \Vl,tl'l"l liN) Barbara B. Bcm/, Chairman IlOI.E, MONTES AND ASSOCIATES. INC. (CORPORATE SEAl.) STATE OF FT.NP. TD.\ COUNTY OF l.tiE Before mc, thc undersigned mnhority, dfis {la.',' pcrsnnally appeared Robed L. Murray anti Ned E. Dewhirst. to mc weti known and known to me to be Sr. Vice President and Vice President respectively, of the Co¢oratinn named in the foregoing Agreement, and they ~cverally acknowledged to and before me that they executed ~aid Aerccment on behalf of and in ll~e nnmc of saul Cn~nra~ion as s.ch officers; float thc seal affixed to said ,Azrccm~nt ~s the co.orate scm of said Cn~nranon and ll~at Il WaS affixed thereto by duc and regular Co~orat~ authority: Iha: they are d,ly aulhoriTed by said Co~oratinn to execute said Agrccmcnt and that said A~ccm:nt is the fi'cc act ami deed of said Co~oralinn. ~ IN WITNESS WI TEREOF, I have hcrclo scl my hamt and affixed my official seal Ibis ~(' ~ da:. Nol~, Public in ~nd for ibc County and Stale al~resa~d My Cnmmission Expires: Page 2 ~f 2 Preserwng and enhancing Florida's quahty of life since 1966 Hr2, LE, MONTES & ASSOCIATES, INC, ENOmNEEFIS PLA;,t,E~S SURVEYOnS '98 ~EP ~1 Mr. Micah K. Massaquoi, P.E. Collier County Government Center, Bldg. D Office of Capital Projects Management 3301 East Tamiami Trail Naples, FL 33962 ?(t q 03 September 17, 1998 RE: I5IMOKALEE ROAD, PHASE II - COLLIER COU~'TY PROJECT NO. 69101 PROPOSED SCOPE OF SERVICES A_\'D FEE FOR BRIDGE DESIGN ACROSS COCOtL&TCttEE CANAL AbeD SIGNALIZATION AT FOUR LNTERSECTIONS HM&A FILE NO. 89.99 Dear Mr. Massaquoi: Hole. Montes & Associates, Inc. (H.',,I&A) is pleased to submit this revised proposal to Collier CounD' (Count)') for providing professional engineering services to prepare the design of a ~.vo lane brid=e across the Cocohatchee Canal at lmmokalee Road and C.R. 951 and to modify existing signalization at four intersections. HM&A has reviev, ed costs and sen'ices associated v,'ith the bridge design. To clarifg:' our reduction in fees for bridge design within this proposal v.e base the figures on the follov,'ing: 1. The type of bridge will be simiiar to that at Co~n:,rrcial Drive and supported b.', piles. The brid:e xx ill be designed to meet the hydraulic conditions required b) the Big Cypress Basin. The existin2 culverts and berm at the present access to Broken Back Road '~vill be removed. The canal will b~ excavated to the desired p:'pizal section 75 feet upstream and doxvnstream from the new brid,ge faces. 3. The bridge v..'pical section will have tv, o 12' lanes, a four foot left shoulder and a six foot right sidewalk with railines. · .I. The bridge alignment will be set according to .,,'our letter of September 2, 1998. H.M&A proposes to provide the following professional engineering services for the Collier Count.',' Office of Capital Projects Management: I. SCOPE OF SERVICES (See Anachment - Pages I to 10). Task 8.00 Utility Coordination ,,,,'ill have no additional fees. SUBCONSULTANTS HM&A proposes to utilize the firm of Jenkins & Charland. Inc. to provide professional bridge design services as outlined in Task 6.00 of the Scope of Sen'ices. HM&A also proposes to utilize the firm of Kevin L. Erv,'in Consulting Ecologist, Inc. as our environmental consuhant to perform the sen'ices outlined in Task 4.00 of the Scope of Services. HM&A also proposes to utilize the firm of Ardaman & Associates, Inc. for geotechniial ,g~'iee's ':.~,t ; ' __ IL..(,.r.,,,z~.:_ outlined in Task 3.00oftheScopeofSen'ices. 0' :~ ~ 0 ,,"' ' Mr. Micah K. Massaquoi, P.E. September17,1998~ Page2 i[.".1&A al~,o proposes to utilize the firm ofJ. A. Hirst for structural services outlined in Task 10.00 of the Scope of Services. H.".I&A also proposes to utilize the firm of Southwest Transportation Engineering for signalization sera'ices outlined in 'l'ask 11.00 of the Scope of Services. 3. ADDITIONAL SERVICES Services not specifically included herein will be performed on a time and material basis in accordance with the rate schedule attached to this proposal. Additional sen:ices ,,,,'ill be performed only as requested and authorized b.',' the Count. \Vhea such additioml] services can be identified in advance, HMA will provide an estimated fee and obtain written authorization from the Count3.'. 4. SCHEDULE HMA proposes to complete tile tasks described in the Scope of Ser¥ices within 90 calendar da,,s of receipt of a ',`. ritten nc. rice to proceed `.`. ith a completion schedule, generall.v as indicated bcloxv. Per Cent Comvlete Daxs Followinz NTP 30~,~ 30 60% 60 90o,~ 75 ; 00% 90 The purpose of this contract is to include complete bridge design and traffic signalization .... '- .' d::si~-n ' .. ?,ccc:r, bzr 2 .......... o,.'d=r '.~ 2chic,= ,,a .... . ..... ,,,~.,,;i:c:.,:c.r, ;:]r.r,s r,, · ,on? ~, ,~ - .... sc!':edulc o,,I,.,-, ..... ,,.col, o: retie`.`, time can beallo`.ved at both the 30~,~and90%re','ie`.~ subminals. The 60%revie~ submit:al ~iil be to sho~`, bridge design pro~ress and provide a budget cost estimate only. 5. FEES AND CO.MPE.",'SATION }tNIA proposes to complete the tasks described in Scope of Se:-'.ices for a total proposed fo'.: of S66.766. A projected man-hour and cost summar}.' (3 pages) isanached'.vhichprovidesabrcakdev'n of oath proposed task fee. All tasks are proposed to be lump sum t..sks. Invoices ','.ill be submitted at each month end in at~ amount proportional to the percentage of act-ual ',fork completed durin- the respective billing period for lur'np sum tasks and on a time and material basis for not to exceed tasks. Tl~ank .you for the opportunity to submit this proposal and we look fon`.ard to xvorking with .you on this project. Ve,'?' truly .you rs. HOLE, MONTES & ASSOCIATES, INC. \\:alter \V. Kccne, P.E. Project Manager W\\"K/cn Attachments cc: R. Murray W. Gilcher Date: September 17, 1998 SCOPE OF SERVICES for I,MblOKALEE ROAD. PHASE II. 1-75 TO C.R. 951 SUPPLEblENTAL SERVICES - BRIDGE OVER COCOHATCHEE CANAL AT C.R. 951 Section 1. GENERAL SCOPE STATEMENT The CONSULTANT shall provide and perform the following professional services which shall constitute the GENER. AI~ SCOPE of the SUPPLEMENTAL SERVICES. The CONSULTANT shall conduct sur,'eys, prepare final plans and specifications, cost estimates, bid documents, and coordinate all utilit2:' system adjustments, for the construction of bridge improvements and appurtenances. The bridge will consist of two lanes crossing the Cocohatchee Car, al at Immokalee Road and C.R.951. Section 2. TASKS Pursuant to the GENEP,-&L SCOPE of SUPPLEMENTAL SER\qCES stated above, the CONSULTANT shall perform all services anct:or work necessary to complete the following task(s) and.'or provide the following item(s). TASK 1.00 2.00 3.00 4.00 5.00 6.00 7.00 8.OO 9.00 10.00 11.00 12.00 13.00 14.00 15.00 16.00 INDEX Public Involvement Pro_re'am ('NOT USED) Additional Engineering and Land Surveys Geotechnical Se~'ices Environmental Inventon..' Off-Site Storm Water Improvements (NOT USED) Brido_e Plans Roac~'way Plans (Basic Ser,'ices) (NO ADDITIONAL SERVICES) Utility Coordination (NO ADDITIONAL SERVICES) Right-of-Way Plans (NOT USED) Additional Structural Plans-Box Culvert Extension Additional Signing and Pavement Marking Plans; Signalization Railroad Crossing Design and Coordination (NOT USED) Additional Permits Additional Final Bidding and Contract Documents Additional Advisory Sera'ices During Bidding Post-Design Services (NOT USED) TASK 1.00 - PUBI.IC INVOLVEMENT PROGRAM (NOT USED) Page 1 of 10 TASK 2.00 - ADDITIONAL ENGINEERING AND LAND SURVEYS The CONSULTANT shall perform engineering and land surveys, necessary for the subject project as outlined; reference all centerline su~'ey control points, establish the bench line on National Geodetic Vertical Datum (1929) throughout the project and tie property lines to comply with Florida Department of Natural Resources Rule, Florida Administrative Code Chapter 16 Q-3 (Florida Statute 177 - Part Two). Surx'cy work shall be performed under the responsible charge of a Professional Land Surveyor registered in the State of Florida and shall be accomplished in accordance with the Florida Department of Transportation Policy 760.000-760.012, and Florida Department of Transportation Location IX'lanual. Work must comply with the minimum technical standards for Land Surveyors Rule 21HH-6, Florida Statute 472.027; measurements of regular roadway cross-sections ma)' be recorded on electronic data collection equipment. All surveys shall use FDOT's safely standards. Task 2.01 Roadway fiurx'ev (BASIC SERVICES) Task" '~ _.0_ Undercround Utilities (Not Used) Task 2.03 BSd,2e Su~'ev Provide 2' '~ ' _ . en_in~nnz and land surveys necessary to establish the brido_e alignment xxSth intersecting streets within the project limits defined as the North Right-of-\Vay line of Immokalee Road to 100' north of the non}*, line of the Cocohatchee Canal Right-of-way and 150' east and ,.','est of the extension of the north bound fight lane center line of C.R. 951 and obtain topography, cross sections, under~ound utiliD' surface feature locations. right-of-vcay, land ties. and required drainage information for existing and proposed roadways and in accord~ce with the Count)' and Big Cypress Basin design criteria. T.-\SK 3.00 - GEOTECHNICAL SERVICES The Consultant shall furnish soils investigation and analysis necessar)' for the design and preparation of bridge construction plans for this project. A report shall be prepared with recommendations, and F. ertinent soils data, including the water table level encountered during the advancement of borings, and shall be submitted to the Count),' for its record. Task 3.01 Soil Bor/nes and Laboratory Testing a) Two Standard Penetration Test borings to a depth of 80 feet will be obtained within the alignment of the bridge. a) Laboratory testing, sufficient to enable a Geotechnical Engineer registered in the State of Florida, to analyze subsurface soil conditions and make design recommendations, shall be,.2..e_rf_ormed. Such tests ma)' include, but shall not be limited analysis, Atterberg limits, organic content, crc. i '.-.-~,.D.L-.. Page 2 of 10 Task 3,02 Prcparc a report summarizing the findings and provide recommendations for the bridge foundation design and corrosion environment. TASK 4.00 - ENrVIRONMENTAL INVENTORY The Consultant shall furnish a report summarizing the impact of the project on Hydrology, Vegetation, Wildlife, Soils, and Wetlands. The report shall contain the following: Task 4.01 Hvdrolotw a) A dia_m-am depicting the hydrology of the area. b) A description of the potential impact to ground and surface water resulting from the project. Task 4.02 \:eeetation a) A listing of vegetation found within the project limits. b) An aerial map of the vegetation associations. Task 4.03 \Viidlife a) An inventory of vdldlife found within the project limits. Task 4.04 roils a) An aerial map or drawing of the soils within and adjacent to the project limits identified by Soil Series and Field Mapping Unit Name established by the United States Department of Agriculture's Soil Conservation Services. Task 4.05 \Vetlands a) An aerial map or drawing of wetland areas within and adjacent to the project limits. Jurisdictional limits of permitting agencies such as, but not necessarily limited to, the Florida Department of Environmental Protection, the South Florida Water Management District and United States Army Corp. of Engineers shall be shown. b) TASK 5.00 - OFF-SITE STORM WATER IMPROVEMENTS ('NOT USED) A description of the impact on wetlands by the project and mitigation requirements to offset adverse impacts. lt.. ~.~t,- I'ag¢ 3 c,f II) TASK 6.00- BRIDGE PLANS The Consultant shall fl]rnish design serx'ices necessary to perform project design and prepare bridge construction plrms and specifications in accordance with the highway design and plans preparation standards in effect on the date of this Agreement. The basic standards, criteria and guidelines are set forth in the Florida Department of Transportation Roadway Plans Preparation Manual, Drainage Manual, Collier County and Big Cypress Basin. Plans shall be accurate, legible and complete in design. The Consultant shall submit design notes and computations to document the design conclusions reached during the development of the final construction plans. The desiun notes and computations shall be recorded in g-l/2" x I1" computation sheets, full.,.' titled, nu~nbered, dated, sealed, and signed by the Professional Engineer in responsible charge. Compu',er output forms and other oversized sheets shall be folded or otherwise reduced to $-1/2" x 1 1" size. The data shall b: bound for submittal to the CounD'. One cop.',' of the approp:'iate design notes and computations shall be submitted to the Count.',' at each pI~ review s~a.'z,e.~ V, qnen thc plans are submined for final review, thc design notes and computations, corTected for any CounD' comments, shall be resubmit'ted. At the project completion, a final set of the design notes and computations shall be submirted with the record set ofpl~s and tracings. The design no:es m'-.d calculations shall include, but =e not limited to, the follov,'ing da:a: 5. 6. 7. Design crite,da us:d for this project. Calculations ofqu~tities for all items set forth in the Bid Form. Geome'~r/c design calculations for horizontal ali_m-u-nent that is not included in the quantity computation booklet. Vertical geometr).' calculations. Drainage computations. Earthwork calculations not included in the q '~uantits.' computation booklet. Documentation for decisions reached resulting from meetings, telephone conversations or si~e visits. Each drawing of each submittal shall be signed by the appropriate Professional Engineer for the type of work depicted on the drawings. Each set of plans and each page of the design computations and quanti'.y computation booklet shall be signed and checked by an appropriate design professional in accordance with the Flor/da Department of Transportation's Roadv,'ay Plan Preparation Manual. Chapter 30. Each submittal called for herein shall be delivered with a transmittal letter signed by the Consultant's Project Management stating that the submittal package is complete. In the inlerests of maintaining a design schedule which ',,,'ill result in a bid advertisement for construction of the project being issued on or before April 1, 1999, the Consultant may proceed with efforts for the next submittal during the County's review period. The Consul~ant shall conduct project plan reviews with the County, as a minimum, at the Grades and Geometries (30%), and Detail Plan (90%) stages. Each review shall bca verbal pre.s~i~ation supplemented with appropriate plans, displays or other visual aids. Plans ,,,.'ill be provided 'at the}¢~T:~L- ' 60% completion stage for progress information. (:,~ i 52 ~ i~.' :. Task 6.0 ! Task 6.02 Task 6.03 Bridee Development Report. Not included. Grades and Geometries (30%) The Consultant shall submit to the County four (4) sets of blueline prints for bridge review purposes. The plans shall depict existing topographical, features, existing right-of-way and existing or proposed easement lines and shall contain the following: a) Plan and Profile Shee~s (1''= 20'). b) c) Existing project cross-section sheets. Drainage maps depicting existing drainage areas, existing drainage structures, and existing flow patters (I" = 400'). d) Proposed typical section or sections. e) Proposed preliminary roa& bridge and intersection geomeu"y. f) Proposed prelimina,'?' ve:'fical ali=mament. g) Proposed preliminary median openings driveway/access problems. and any potential h) Plan showing type, size. typical section, elevation and location of proposed bridoe/culven structure. The Consultant shall submit an ORDER OF MAGNITUDE opinion of probable cost of constructing the project. Basic Plans (60%) (PROGRESS SUBMITTAL) The Consultant shall submit four (4) sets of blueline prints to the Count3' for bridge review. The plans shall depict progress in complete construction plans. Reports and calculations required to document design decisions reached during the development of plans shall be submitted along with the plans. The submittal shall include all drainage calculations, storm water attenuation/detention requirements, storm sewer tabulation sheets, and a BUDGET ESTIMATE of the cost of constructing the project. Potential or documented utility conflicts shall be identified and tile Cq~it sh~l n°ti fY affected utilities in acc°rdance with Task 8'00' Utility (l°°~;d;"n3t'-°n-[~ '~("~1"' Pa'2'c 5 of 10 : - -- .......... The submittal shall reflect dcvclopme,~t of: a) b) c) d) c) g) h) i) J) I.:) m) Storm Drainage System. Drainage Structures and Drainage Outfalls. Bridge Plan and Profile. Bridge Typical Sections. Utility Relocation Plans (power, telephone, ATV). County Utility Relocation Plans (water, sewer, reuse). Signing and Pavement Marking Plans. Bridge Foundation Plans. Bridge Substructure. Bridge Superstructure. Bridge Approach Slabs. Contract Documenm. Reports and calculations required to document design decisions reached during development of plans. T~i.: 6.04 Detail Plans (90%) Th:: Consultant shall submit four (4) sets of blue line prints to the Count>' for bridge review. The pla_ms shall be complete construction plans. Repons and calculations required to document design decisions reached during the development of plans shall be submitted along v, Sth the plans. Thc submittal shall include all drainage calculations, storm v,'ater attcnuatiorVdetention requirements and storm sewer tabulation sheets. Ail potential or documented utility conflicts shall be identified and the Consultant shall notify affected utilities in accordance v, ith Task 8.00. Utility Coordination. ]'he bid documents shall be reviewed by the County for complia~cc with County's procurement po!icies and practices, insurance requirements and other regulations or requirements. The submittal shall reflect development of: a) b) c) d) Storm Drainage System. Drainage Structures and Drainage Outfalls. Bridge Plan and Profile. Bridge Typical Sections. f'a,..,e 6 of 10 c) ~) h) J) k) m) Utility Relocation Plans (power, telephone, CATV). County Utility Relocation Plans (water, sewer, reuse). Signing and Pavement Marking Plans. Bridge Foundation Plans. Bridge Substructure. Bridge Superstructure. Bridge Approach Slabs. Contract Documents. Reports and calculations required lo document design decisions reached during development of plans. N (NO ADDITIONAL SERVICES) TASK 7.00 - RO..\D\V..~,Y PI_A: S TASK 8.00 - t:TILITh' COORDINATION (NO ADDITIONAL SERVICES) The requirements of thc various utility scm'ices shall be recognized and properly coordinated b.v thc CONSULTANT during thc project desicn. The CONSULTANT shall provide to thc COUNTY such representation and tecknical ~;ismnce.as may be necessary for coordination with utility owners or other public aeencies affected by the project. Utiliu' adjustments shall be shov,'n on tt~e roadway plmas to show-the proposed utility locations when adjustment is required. TEe required utility adjustments v.511 be designed by each utiliD' and provided by the affected utilities (water, sanitz~' sewer, effluent, raw water, power, g~. electrical, telephone, cablevision, etc,) on pNnts of roadwa:' plans provided to the utility by the CONSULTANT after the b~ic plan review. The contract schedule is b~ed upon receipt of ~e location design from the utilities vdthin 30 calendar days from submission of the roadway Basic Plans to the utilities for their use in shorting their propo.~ed adjustments. Copies of ail correspondence to or from all utilities shall be supplied by the CONSULTANT to the COUNTY. \Vork under this task shall include the following: Task 8.01 Utilities Notification Upon completion of the Grades and Geometrics (30%) review, a certified, return receipt requested lener ,,,,'ill be sent by the CONSULTANT to each utility which may have .facilities installed within the project corridor, w3ns~niuing a set ~f 30% plans and requesting the Utility to submit plans of e::isting and proposed facilities and submitting their comments relative to the proposed project. Task Utility Coordination The CONSULTANT shall, by certified, return receipt requested mail, send Basic Roadway plnr~q ({50¥o} tO each utiliw for their review requesting them to return plans sho~,~-aa,t,ons or co,oct,ohs lo cx,st,nff~s}lme~% their proposed relocations where adjustments are necessao'. pnge 7 of lo ......... ............ IIIIII I I I .............................. i/Til, ~t Task 8.03 Final Utility Relocation Plans Upon receipt of plans reviewed and signed oft' by tim Utilities ',~,i:h[n 30 calendar days after written request is made, any additions and;or corrections will be made to the roadway plans. Utility adjustments provided bv the Utilities ,,','itl be shown in the CONSULTANT'S Detail Plans submittal. If no response is received by the CONSULTANT by 60 days after submission to the Utilities, CONSULTANT shall so notify the COLNTY. The COU~IY shall then, by certified, return receipt requested mail notif;' said Utilities that the future costs of relocation, delays or redesign necessitated by their failure to respond shall be borne solely by them. Copies of such letters shall be given to the CONSULTANT. T.-\SK 9.r)O - RIGItT-OF-\VAY .',lAPS C:','OT USED) TASK l O.C"'~ .x DDI I .©. .4.[. STRL'CTURAL PLANS BOX CULVERT EXTENSION Extend b?.x cut',ca at the intersection of Immokalee Road and C.R. 951 to accommoda:e the alignment of lmmokalee Road pavement through the intersection. TASK I!.00 - :\I)DITIONAL SIGNING ..\ND PAVENIENT IXIARKING PLANS: SIGNALIZ.-\ i'ION TASK II.l,', -DETAIl PLANS (90%/ The CONSL'LTA.','T sLall furnish design sen'ices and prepare construction plans for traffic signs and pavement marking ~o include the bridge in the entire project. A preliminao' submittal shall be made with the Detail P!an submittal per T~k 6.04. Final plans shall be submitted with the final roadway plans in accordance with the Florida Department of Transportation Roadwav and Traffic Design Standard for review. Assume no overhead sign structures. T..\SK II.02 - BASIC SIGNAL PLANS (60%) The CONSULTANT shall prepare signalization modifications plans at the intersections of Oaks Boulevard. Laurel Oak Etementars' School. Gulf Coast High School and C.R. 951. The signalization design shall incorporate the use of the existing traffic controllers (if found to be applicable), and any other signal equipment deemed appropriate for continued use. The design will include the replacement, relocation and/or new installation of signal cable, signal heads, pull boxes, loops, loop detectors, controllers, concrete strain poles, pedestrian actuated traffic control devices, etc., which are Ibund necessary for the proposed improvements to Immokalee Road. Page 8 of I0 The CONSUI. TANT shall submit four (4) sets of blue line prints to the County for review of signalization. The submittal shall include a budget estimate of cost of co.~xtructjng .the. signalization. CONSULTANT shall send plans to each utility for review. [ ~',..L2.(_,~ k: .... I , 0,.i : T.,\SK II..~ DETAIl SIGNAL PLANS (90%') The CONSULTANT shall submit four (4) sets of blue line prints to the Count3' for review of signalization. The plans will include: 1. Signal Modification Plan Sheets for each intersection (includes signal 'timings and phasing). 2. General Notes Sheet. 3. Miscellaneous Desiun Details Sheet. 4. Quantities Sheet. 5. Technical Specifications. TASK 12.00 - RAILROAD CROSSING DESIGN AND COORDINATION (NOT USED) TASK 13,00 -ADDITIONAI_ PER.\flTS The CONSULTANT shall prepare the technical support documentation necessary to address the issues ('Items I to 5) identified in a letter from the South Florida Water Management District (SF\X,5ID) to .\Ir. Richard \V. Hartwell. dated April 10, 1998. This includes the submirtal of foui' complete sets of signed and sealed construction plans (I/2 size) to the SFWMD at the 90% design completion stage. In addition, the CONSULTANT shall update and revise the storm,,va~er management calculations to incorporate the addition ora bridge over the Cocohatchee Canal. Drainage design shall include stormwater treatment and at'tenuation required to comply with the rules of the Florida Department of Environmental Protection and the South Florida Water M'anagement District (SF',a,~ID). The CONSULTANT shall artend meetings necessar).' for the submittal and approval of the stormwater management permit. ALL EN'VIRONMENTAL PERMITTING REQUIREMENTS WILL BE PERFOP,.MED BY THE COUNTY. ALL OUTSTANDING ENVIRONMENTAL PERMITTrNG ISSUES \\'ILL BE ADDRESSED BY THE COUNTY. Coordination with the BiG Cvpress Basin Attend various meetings and provide coordination with the Big Cypress Basin regarding the design of a bridge across the Cocohatchee Canal at C.R. 951 and provide the County with the supporting documents and drawings necessao' for submittal of a canal right-of-way permit. ALL PERNIITTfNG APPLICATIONS AND SUBMITTALS WILL BE PERFORMED BY THE COUNTY. Page 9 of I 0 TASK 14.00 - ADDITIONAL FINAL BIDDING AND CONTRACT DOCUMENTS_ Once the final bridge plans, and signing and pavement marking plans or other plans have been a?provcd by the COUN'I'Y and the COUN'FY has received tim needed permits, a fin::l :ct et bidding and contract documents will be prepared for the construction of the improvement. This task will include the following: Task 14.01 Final bridge plans, a quantity computation booklet and summary of quantities, and Engineer's Opinion of Probable Construction Cost. Task 14.02 Final signing and marking, signalization at four intersections, or other plans. summa~' o~'quantities, and Engineer's Opinion of Probable Cons:ruction Cost. Task 14.03 Task 14.04 Special provisions and other appropriate contract documents for incorporating the requirements of the Florida Department of Transpe,~2:io.".. U.S. Arm.',' Corps of Engineers. Department of Environmental Protection. and South Florida Water Management District and an.',' other agency ~ ';-" jurisdictional authoriD' over the project in the bid documents. Complete pl??ms and contract documents read.',' for bid including all forr:,,:s. general conditions, all approved permits, and other material ~ may be required. Task 14.05 Provide the COL'.'NTY with one (1) set of signed and sealed contract do.zuments for the COU,~TY records. All final plans to be full size. COUNTY will produce plan sets and contract document booklets for distribution durin?, biddin,, TASK 15.00 -.ADDITION..\[. ADVISORY SERVICES DURING BIDDING ,After approval of construction plans and bidding documents by the COL'.~TY. the CONSULTANT shall perform the following services: Task 15.01 Attend and participate with the COL,.~TY in scheduling and presenting a. Pre-Bid Conference. Task 15.02 Respond to Bidders' inquiries and prepare addenda for issuance bv the COUNTY. TASK -16.00 - POST-DESIGN SERVICES (NOT USED) A SCOPE AND FEE MAY BE NEGOTIATED BY THE COUNTY AND THE CONSULT:XNT AT THE CO.',IPLETION OF THE DESIGN PHASE PRIOR TO CO,XI*IENCE.',ILNT OF CONSTRUCTION. CONSULTANT SHALL PREPARE THE SCOPE OF SF.P, VICES FOR THIS TASK. IF IT IS THE COLrNTY'S INTENT TO tlA\"E 'File CONSULTANT PERFORM CONSTRUCTION PtqASE E~GiNEEI,J. SERVICES. ~ *'~' :~(~'~-" \~lma_fm,9.¥,p'dgsg,S9995COPEO[SVCSdo¢ i (.'~ i ,~ Page 10ofl0 ' ..lb 9/17/98 HOLE, MONTES & ASSOCIATES, INC. Consultant's Employee Hourly Rate Schedule Engineer V (Principal) Engineer V Engineer IV Engineer Engineer II Engineer I Engineer Tech V Engineer Tech IV Engineer Tech III Engineer Tech II Engineer Tech I Contractor Administrator (P.E.) Contractor Administrator Construction Field Represen',ative IV Construction Field Represen:ative III Construction Field Representative II Construction Field Representative 1 Planner IV Planner Planner I1 P~anner I Surveyor V Surveyor IV Surveyor III Survey Tech IV Survey Tech III Survey Tech II Survey Tech I 2 Man Survey Crew 3 Man Survey Crew Technician IV (Clerical) Technician III (Clerical) Technician II (Clerical) Technician I (Clerical) Subconsultants/Subcontractors Reimbursable Expenses Mileage Concrete Monuments Permanent Reference Monuments WM 989~9099\Wwk\Bridge ProposaI~M&AFEESCHED,cloc 30,00 Per Hour 10.00 Per Hour 95,00 Per Hour 75.00 Per Hour 65,00 Per Hour 55.00 Per Hour 65.00 Per Hour 60.00 Per Hour 55.00 Per Hour 50.00 Per Hour 40.00 Per Hour 80.00 Per Hour 60.00 Per Hour 60.00 Per Hour 55.00 Per Hour 45.00 Per Hour 35.00 Per Hour 95.00 Per Hour 70.00 Per Hour 60,00 Per Hour 45,00 Per Hour 90.00 Per Hour 70.00 Per Hour 55.00 Per Hour 55.00 Per Hour 50.00 Per Hour 45.00 Per Hour 40.00 Per Hour 85.00 Per Hour 98.00 Per Hour 45.00 Per Hour 40.00 Per Hour 35.00 Per Hour 30.00 Per Hour Cost + 15% Cost + 15% S $ $ .30 Per Mile 10.00 Each 10,00 Each EXECIITIVE SIISISIARY A BUDGET AMENDMENT RECOGNIZING REVENUE TO BE RECEIVED FROM WCI IN FISCAL YEAR 1999 AND APPROPRIATING RESERVES IN TilE FISCAL YEAR 1999 CLAM BAY RESTORATION FUND OBJECTIVE: Authorize a Budget Amendment to recognize revenue to be received from WCI in Fiscal Year 1999 and appropriating reserves in the Fiscal Year 1999 Clam Bay Restoration Fund. CONSIDERATION: Funds were budgeted in tile Fiscal Year 1998 operating budget for portions of design, construction, and fresbwater/stormwater studies for the Clam Bay restoration project. Tile budget for this work was forecast to be expended prior to the end of Fiscal Year 1998. WCI has committed previously to reimbursing 50% of tile Clam Bay Restoration project, up to a maximum of$1,O00,O00. I lowever, because of numerous delays in the issuance of tile permit, this work was not able to commence during Fiscal Year 1998, Therefore, staff requests that thc fi~nds which were budgeted in Fiscal Year 1998 be re-appropriated ira the Fiscal Year 1999 Clam Bay operating budget. As these expenses were forecast in FY 98 but not expended, carryforward revenue should be available to fi~nd the Clam Bay restoration project in FY 99. However, to tile extent possible, staff' avoids appropriating carryforward revenue until audited carryforward figures are available addition, as the project work did not commence in FY 98, the corresponding WCI reimbursement revenue was less than anticipated in FY 98. As a result staff recommends re-appropriating tile $116,200 balance of tile WCI contribution remaining from FY 98 and funding the balance of project expenses from reserves. FISCAl, IMPACT: The total fiscal impact ofthis Executive Summary is $239,200 00. Funds arc available in the Reserve account of the Clam Bay Restoration Fund 320-919010-9910c)0 ($123,000.00) and by re-appropriating the balance of tile WCI contribution. Fund 320-183800- 366900 ($116,200.00) These funds will be expended from various project accounts established in tile Clam Bay Restoration Fund (320), cost centers 183801, 183802, 183803. 183805 and 183806 The reserve account will bc replenished when audited carqqbrward figures arc available GROWTil MANAGEMENT151PACT: None RECOM'IMENI)ATION: That the Board of County Commissioners approve a Budget Amendment r. gc-og~'d~ing revenue to~bq recgived from WCI in Fiscal 'Year 1999 and appropriatin,.2, reserves m the F~scal!5 ear 999 Clgn}Bay;Restorauon Fund D x'rF. ,/5'' ',' ," ( ,dames P '%~ard Departmcnt Director APPROVED BYe.. Ed Ilschner Division Administrator ....... AGENDA IT, EM No. Il, /'3(72_ ocr 2 0 1998 Pg. EXECUTIVE SUMMARY AGREEMENT APPROVAl, ANI) AI)OI'TION OF I{I,;SOI,UTION AUTI[ORIZING 'FILE EXECUTION AND ACCEPTANCE OF SAIl) AGREEMENT BETWEEN TIlE I)EPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY REGARDING MONIES AVAIl.ABLE IN 'FILE EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE TRUST FUND OB,IECTIVE: That the Board ofCounty Commissioners acccpt and approve Agreement t/99CP-05-09-21-01-011 between the State of Florida Department of Community Aflhirs and Collier Cotmty For fi~nds that would enhance emergency program activities within (;oilier County For FY 98-99. That the Board of County Commissioners adopt the attached Resolution indicating Board approval oFthe Agreement, authorizing the Chairman to execute and accept the Agreement with all understandings and assurances contained therein and to act in connection with the Agreement. CONSII)KRATION: This is the sixth year that the State of FIorida has made Funds available to allow local governments to enhance their emergency management programs. These thncts are available as a result ora surcharge of$2.00 R~r each residential insurance policy and S-1()0 liar' each business policy. Thc Florida I.cgislalurc adopted Rule 9G-I% Florida Administrative Code in January 1994. This Rule enables counties with Full-time emergency mamtgctncnt directors to receive monies to enhance existing programs by purchasing additional equipment or hiring additional personnel. Each county must develop a 5 year Strategic plan which comprises the Scope of Work For the grant. Funds will be axvarclcd only when all work in the previous year's Scope of Work has been satisfi~ctorily complt:ted. For fiscal year 98-99, thc Department of community Affairs has agreed to provide thc sum ot'$105,274 to Collier County For program enhancements. From this sum, thc ~tate Division of Emergency Management will deduct the sum of $6,000. tbr thc maintenance oFthe Emergency gatellitc Communication System (ESATCOM) that is installed in the Emergency ()perations Center and thc 24 hour ~Varning Point at thc SheritFs Office Communications Ccnlcr As in past years, monies from this fired canm:t be used to supplant existing emergency management programs nor be used ct, match iht:ds fi'om am,thor program trader this Trust Fund. FISCAl, IAI fACT Thc net grant award to C'ollicr Cot,nty is $99,274. TheFY99 adopted budget included budget revenue of $99,200 [:und' 118 Emergency Management& Fire Grants Orga~dzation: 144210 Emergency ManagementAdmin. I{uvcntmCode: 334245 I)CA Grant Project: "'° .*.~t~l EMI'A Grant A budget amcndmcm fi, r thc additional $74 in actual grants fimds must be, proc[~ed__/6 / GROWTlt MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve Agreement #99CP-05-09-21-01-011 between the State of Florida Department of Community Affairs and Collier County, and adopt the attached Resolution authorizing the execution and acceptance of said Agreement, and approve the associated budget amendment. /fi.o_/ Kenneth F. Pineau, Emergency Management Director APPROVED BY: · -.',"-*.- (,,,;,.~'~' ] ..-----. Date: Leo Ochs, Jr., ~upport Services Administrator ! RESOLUTION NO. 9~- RESOLUTION AUTIIORIZING TttE EXECUTION AND ACCEPTANCE OF AN AGREEMENT BET~$,'EEN TIlE FLORIDA DEPARTMENT OF COMMUNI'I~' AFFAIRS AND COLLIER COUNTY REGARDING EMERGENCY MANAGEMENT PROGRAM ENIIANCEMENT ~VtlEREAS, the State of Florida Department of Community Affairs has funds avaitable for Collier County to spend for emergency management program enhancements and. subject to execution of a Grant Agreement between the State and the Coumy, is authorized to disburse Grant funds to Collier County; and ',A'IIEREAS, the State, by means of proposed Grant Agreement t~99CP-05-09-21- 01-011 is agreeing to provide, by means of reimbursement for costs incurred by the County in the satisfactory' performance ofthat Agreement, up to 5105,274.00 for items of performance agreed to in said Agreement, and ~A'IIEREAS, thc Board of County Commissioners of Collier County agree that p,.'rf,)rmance of the subject Agreement is in the best interest of Collier County. NOVs, TliEREFORE BE IT RESOLVED BY TIlE BOARD OF COI'N'I%' COMMISSIONERS OF COLI. IER COUNTY, FLORIDA that the board approve the Agreement t~99CP-05-09-21-01-011 between the State of Florida Department of Communily Affairs and Collier County as presented to the Board for review, and hereby authorizes the Board's Chairman to execute the Agreement on behalf of Collier County This Resolution adopted after motion, second and majority vote in favor of adoption this __ da.,,' of . 1998 BOARD OF COUNTY COMMISSIONERS. CO[ LIER COL'NTY. FLORIDA Barbara B Bero', Chairman AT'I EST DWIGHTE BROCK. CLERK nv Deputy Clerk Approved as to Form and Legal Suff~cieno,' 0 C 1 2 0 Contract Number: 9qCP-05-09-21-01-0! I GRANT AGREEMENT THIS .AGREEMENT is entered into by and between the State of Florida. Department of Community Affairs. ',~.ith headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"). and (.'oilier Count.','. (hereinafter referred to as the "Count)'"). Ttti% ,-\GRE£LMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: \VItERE.-\S. the Department is authorized, pursuant to Section 252.373. Florida Statutes. and Rule Chapter 9G-19, Florida Administrative Code, to disburse funds for emergency management grants to counties: and Wt~ERE,-\S, thc Count.,,' is eligible to receive said funds and agrees to comply ,aith all the requiren',e;::s of :his Agrcemcnl and Rule Chapter 9G-19. Florida Administrati',e Code. N()\V. 'It tERI!FORE, the Department and the Count.,,' do mutuall)' agree as follox~s: SC'OPE C)F \~,ORK AND FUNDING The County shall full.,,' perform the obligations in accordance with the Scope of V','ork. ..\ttachments ..\ and A-1 of this Agreement. Funding for performance of the Scope of Work shall be pro,, ided in accordance with Attachment F. II IN('()RPOR.-\ FION C)F LA\VS. RL'LES. REG[:LATIONS .AND POLICIES Both the County and the Department shall be governed by applicable State and Federal lakes, rules and regulations, including, but not limited to, those identified in ,Attachment III. PERIOD OF ..\GREEX1ENT This Agreement shall begin October 1, 1998 and shall end September 30. lOqq. unless terminated earlier in accordance with the provisions of Paragraphs VII. or IX. of this Agreement. All requests for reimbursement must be submitted within 30 days after the termination date of the Agreement. No reimbursement requests received after Novernbcr 1, 1999 will be reimbursed from this Agreement. Reimbursement requests shall not be submitted by facsimile transmission. IV. MODIFICATION OF CONTRACT Either part)' may request modification of the provisions of this Agreement. Changes ,.~,'hich are mutually agreed upon shall be effective only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. No change to the terms and conditions ofthis Agreement. including the Scope of Work. shall be effective oc'r 20 1998 until filed and approved in accordance *.vith the provisions in Attachment A. Hov. ever. changes to the amount of funding to be provided may be accomplished by notice from the Department to the Count)', in the form of certified mail. return receipt requested. The Department ma,.' make an a,.*.'ard of additional funds by subsequent Award Letter certified mail. return receipt requested, to the County's contact identified in paragraph VIII, belo,.*.'. Should the Count)' determine it does not ,.vish to accept the award of additional funds. then the Count)' shall provide notice to the Department contact within thirD' (30) days of receipt of thc Award Letter. Otherwise, the County shah provide to the Department its *.*.Tittcn notice of acceptance within forty-five (45) days of receipt of the Award Letter. The terms of this Agreement shall be considered to ha,.'e been modified to include the additional funds upon receipt of the ,.*.Tit'ten notice of acceptance. MONITORING The Count,. shall constantly monitor its performance under this Agreement to ensure that time schedules are being met. the Scope of Work is being accomplished and other performance ge. als are being achieved. Such review shall be made for each function or actix it,,' set fort}'} in Attachment A to this Agreement, and reported in accordance with A~achment D. Records of such actMties shall be created and retained in accordance with .Attachment C. LIABII. ITY The Count,,' shall be solely responsible to parties with *.*.horn it shall deal in carD'ing out the terms of this Agreement. For purposes of this Agreementl the CounD' agrees that it is not an emplo)ee or agcnt ofthe Department. NONCO.XlPI. IANCE. REMEDIES, .AND TERMINATION If a County fails to comply with an,.' term or condition applicable to an award under Rule Chapter 9G- 10 or any term or condition including, but not limited to. federal and state la',vs, agreements, rules and regulations, applicable to an)' other funding for the County administered b)' the Division. then the Department shall take one or more of !he following actions, as indicated by the attendant circumstances: temporarily withhold cash payments, pending correction of the deficiency, or more severe enforcement action; disallow all or part of the cost of the activity or action not in compliance; 3. suspend or terminate the award; disallow future participation in the program or funding provided under this rule chapter; ,o. _...Z t: 0 2 5. recover all funds provided under the current a',vard. Costs of the Count), resulting from obligations incurred by the County durin,..:, suspension or after termination of an award are not allo`,vable unless the Dep~ament expressly authorizes them in the notice of suspension or termination, or subsequently authorizes them in writing. Other County costs durin_ suspension or after termination xvhich are necessary find not reasonal:;ly avoidable'may, in the sole discretion of the Department. be allowable if: the costs result from obli~,ations which ',,,:ere properly incurred by the Counts' before the effective date ~fthe suspension or termination, are not in anticipation of the suspension or termination, and, in the case of termination. are not cancelable, and the costs '.',ould be alloxvable if the award V~'ere not suspended or expired non-nally at the end of the period in which the termination occurs. Counties ',,,ith terminated grants shall remain obligated to provide all required closeout information. tn the e',ent that an.,,' audit determines that costs reimbursed or other',vise funded under this Agreement should be disalloxved, then the Count',,' shall return those disallo',,.ed funds to the Department. In the ahernative, the bepartment ma',. in its sole discretion, offset the disallowed amount a~ainst any current or future a'v. ards to !he Count)))' from any other grant agreement or ~ontract ~vith the Count>' administered bv the Department. .,\ctions taken for noncompliance constitute final Department action under Chapter 120. Florida Statutes. as amended. Notification ofsuch actions shall include notice oFadministrativc hearing rights and time frames. .2. 'i'he County shall return funds to the Department if found in non-compliance ~ith laws. rules, or regulations governing the use of the funds or this Agreement. G. ]'his Agreement ma,.' be terminated by the ',,.ritten mutual consent of the par'ties. NOTICE AND CONTACT A. The Department designates Suzanne F. Adams, Planning Manager, Division of Emergency Management, as the Department's Contract Manager. All communications, `,',tit'ten or oral, relating to this Agreement shall be directed to her at the following address: 0CT 2 0 1998 Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 E-Mail - suzanne.adams~dca.state:fi.us The signer of this Agreement or his/her designee shall be the County's Contract Manager. All communications, written or oral, relating to this Agreement shall be directed to him/her at the following address: Eenneth F. Pineau, .Emergency Management Director 3301 East Tamiami Trail Naples, FL 34112 Telephone ~: (941) 774-8444 · '\llpaymentsrelatingtothisAgreementshallbe mailedtothe ~llowingaddress: CoLlier County Emeraency Manaqement Dept. 3301 East Tamiami Trail Naples, FL 34112 IX. In ~he e'.ent that different representatives are designated by either parD.' after execution of this .Agreement. notice of the name. title, address and telephone number of the new representative ,.,,'ill be rendered as provided in Paragraph VIII .-\ and B above. OTfIER PROVISIONS A. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submined or provided by the Count?'. n. this Agreement. in any subsequent submission or response to Department request, or in an.,, submission or response to fulfill the requirements of this Agreement. and such information, representations, and materials are incorporated by reference. The lack of z:ccuracy thereof or an)' material changes shall, at the option of the Department and with thi~' (30) days wriuen notice to the Count?', cause the termination of this Agreement and the release of the Department from all its obligations to the Count)','. This Agreement shall be construed under the laws ofthe State of Florida, and venue for an)' actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable stat.ne or rule, or is othena'ise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. No waiver by the Department of any right or remedy .granted hereunder or failure to insist on strict performance by the Count)' shall affect or extend or act as a waiver of an)' other right or remedy of the Department hereunder, or affect the subsequent .o._../,.- i ,' I exercise ofthe same right or remedy b`,' the Department for an.,.' fur, her or subsequent default by the Count,,'..An',' po',,.er ofapproval or disappro`,al eranted to the [-)cpanment under the terms gfthis Agreement shall su~'i`,c the terms and life or' this Agreement as a ,.,.'hole. D. The ,\greement may be executed in an,,' number of counterparts, any one of ma,,' be taken as an original. ..\1 'DIT REgUIREMENTS The CounD, agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel dul),' authorized by the Department. "Reas3nable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m.. local time. ,MondaY' throueh f"rida~. - County shall also provide the Department with the records, repons or financial stalcments upon request for the purposes of auditing and monitoring the funds axvardcd under this ,Agreement. The County shall submit an Audit of Agreement Compliance to the Department as provided herein. If the Counv,.' receives or expends $300.000 or more in Federal a'aards in its fiscal 3'ear, then the Count,,' shall conduct an audit performed by an independent Certified Public Accountant or other entity independent of the count,,' in accordance with the standards of the Comptroller General as specified in the General Accounting Office Standards for Audit of Go`,'emmental Organizations. Programs, ActMtJes and Functions. and generally accepted auditing '~tandards established by the ,American Institute of Certified Public Accountants. The .,\greement number of this grant must be identified with the audit submitted. Such audit shall also comply with the requirements of Sections 11.45,216.349, and 216.3491, Florida Statutes and Chapter 10.550. Rules of the Auditor General. and. to the extent applicable, the Single Audit Act of 1984. as amended, 31 USC 7501 through 7507, OMB Circular A-87 and OMB Circular A-133, as revised June 24. 1997, or thereafter, if the Count3' receives or expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A- 133 is not required, but an audit ma),' otherwise be required under Section 216.3491, Florida Statutes, and rules adopted pursuant thereto. The audit report shall include all management letters and the Count3"s response to all findings, including corrective actions to be taken. ]'he audit report shall include a schedule of financial assistance specifically identifying all Agreement and grant revenue by sponsoring Department arid Agreement number. 0 C T 2 XI. The complete financial audit report, including all items specified herein. shall be sent directly to: Department of Community Affairs Office of Inspector General 2555 Shumard Oak Boulevard Tallahassee. Florida 32399-2100 In the e,.ent the audit shov,'s that the entire funds, or any portion thereof. ,,',ere not spent in accordance with the conditions of this Agreement. the County shall be held liable for reimbursement to the Department of all funds not spent in accordance v, ith these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the County of such non-compliance. The Count>' shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for a period of three .,,ears after the date of submission of the final expenditures report. Ho'.vever. if litigation or an audit has been initiated prior to the expiration of the three-year period, the records shall be retained until the litigation or audit findings have been resolved. The ('ountv shall have all audits completed by an Independent Certified Public ..\ccountant (ICPA) ,,','ho shall either be a certified public accountant or a public account:mt licensed under Chapter 473, Florida Statutes. The ICPA shall state that the audit complied with the applicable provisions noted above. H. The audit will be submitted no later than April 30, 2000. The Dcparlment ma,,' require the Count)))' to undertake such further or additional audits a:; determined necessary or appropriate including, but not limited to. past and current organization-wide audits. Such audits may be necessary to determine the adequacy, accuracy, and reliability of the Coun~"s internal controls, fiscal data. and management systems established to safeguard the County's assets and to ensure compliance '.vith this Agreement. J. If this Agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit after such close-out. St'BCONTRACTS AND PROCUREMENT If the County subcontracts an)' or all of the work required under this Agreement, the County agrees to include in the subcontract that the subcontractor is bound by the terms and conditions of this Agreement with the Department. B. The Count)' agrees to include in the subcontract a provision that the subcontractor shall hold the Department and Counts' harmless against all claims of ,.,,'hate,, er nature arising out of the subcontractor's performance of v, ork under this Agreement. to the extent allox,.ed and required by lax,,'. See .,\rtachment E for any additional terms and conditions pertaining to subcontracts. .Nil. TERMS .AND CONDITIONS Thc Agreement contains all the terms and conditions agreed upon by the panics. XIII. .-\TT,.\('IIMENTS XIV. A. All attachments to this Agreement are incorporated as ifset out fully herein. In the event of any inconsistencies or conflict betv,'een the language of this Agreement and the attachments hereto, the language of such attachments shall be comrolling, hut only to the extent of such conflict or inconsistency. STANDARD ('QN'DITIONS The Count,, agrees to be bound by the follov, ing standard conditions: A. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. and subject to an,. modification in accordance with Chapter 216. Florida Statutes. If otherwise alloy, ed under this .Agreement, extension of an Agreement for contractual seN'ices shall be in writing for a period not to exceed six (6) months and shall be subjecl Io the same terms and conditions set forlh in the initial Agreement. There shall be only one extension of the Agreement unless the failure to meet the criteria set forth in the Agreement for completion of the Agreement is due to events beyond the control of the Count3.'. All bills for fees or other compensation for services or expenses shall be submirted in detail sufficient for a proper preaudit and postaudit thereof. If otherwise allov.'ed under this Agreement, all bills for any travel expenses shall be submitted in accordance with s. I12.061. Florida Statutes. The Department reset'es the right to unilaterally cancel this Agreement for refusal by the Count3' to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119,.Florida Statute.s, and made or received by the Count3' in conjunction with the Agreement. 7. The SIate of Florida `,~ itl not intentionally a,,,.ard publiclv-funded contracts conlractor ,.,.ho kno`,~ingl> employs unauthorized alien ~{orkers, conslimtimz a ,.iolati(,n of the employment provisions contained in g U.S.C. Section 1324~e) [Section 274A(e)of the Immigration and Nationaliw .Act ("INA")]. The Department shall consider the employment by any contractor of'unauthorized aliens a violation of Section 274.A(e) ofthe IN.,',. 'Such vioIation by the Recipient of the emplo.', meat provisions contained in Section 274A(e) of the I~'A shall be grounds for unilateral cancellation of this Agreement by the Department. .-\ person or affiliale `,~ho has been placed on the convicted vendor lisl follo`.~ino, q a con,.'ic: .,n for a public enti~' crime may not submit a bid on a contract to pro,. i~e any goo,ds or se~'ices to a public entib', ma)' not submit a bid on a contract x,.ith a public cmi~, for the construction or repair ora public building or public work. may not sub,nit bids on leases of real property, to a public entity, may not be a,.varded o'r perform v,'ork as a contractor, supplier, subcontractor, or consultant under a contract whh a public entip,.', and may not transact business with an,,' public entib' in excess of Cate:..,or? T',~o for a period of 36 months from the date rJfbeing placed on the coax icted `.endor list. XV. S[.-\'FE LOBBYING PRO}JIBITION XVII. No funds or other resources received from the Department in connection with this .Agreement ma) be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or an.,,' state Department. I.EG AI -X L'T}tORIZATION The Count,,' cemifies with respect to this A~eement that it possesses the legal author/r,, to receive ~he funds to be provided under this .Agreement and that. if applicable, its eom et-nine body has authorized, by resolution or other, vise. the execution and acceptance of'~his .Agreement '~vith all covenants and assurances contained herein. The Count,,' also certifies that the undersigned possesses the authorJD, to leeallv execute and bind ColSnw to the terms ofthis Agreement. ' ' ' EOL'IPMENT AND PROPERTY MANAGEMENT The Count>' acknowledges the completed installation ora Hughes Network Systems, Inc., Personal Earth Station~ and related equipment (hereinafter '~t..he Equipment"). The County acknowledges and agrees to comply with applicable terms and conditions of: (1) the State of Florida Lease, Purchase Agreement, dated October 1994, executed betx,.een Hughes Netv,,ork Systems, Inc. ("HNS"), and the Department, (a copy of which is available from the Department) regarding the procurement and use of the Equipment; and (2) the Services .Agreement Betx,,een Hughes Netv,'ork Systems, Inc., and the State of Florida. dated Januars' 1995, (a cop.',' of xxhich is available from the Department) (hereinafter, collectively. ,,o. -- :_.:? 2_ OCT 2 0 1998 // _ "the t{NS Agreements") regarding the operation oran interactive satellite communications sen. ice for the Department. the Count),,' and other sites. In particular, the Count)' agrees: ]'hat any reports of problems with the Equipment or system, trouble repons, and an)' requests for repairs, service, maintenance or the like, shall be communicated direcflv and exclusively to the Department's State Warning Point (SW?) (904) 413-9910. l'hat the Count>' will assist and comply svith the instructions of the SWP and an,,' ~cchnical service representative responding to the report or service request. Cot~ntv ?ersonnel shall cooperate ,,,,'ith and assist service representatives, as required, for installation, troubleshooting and fault isolation, with adequate staff. l). That the County shall not change, modify, deinstall, relocate, remove or alter the Equipment, accessories, attachments and related items without the express ,.,,zinen approval of the Department. '['hat the Count)' shall pro,,'ide access, subject to reasonable security restrictions, to the Equipment and related areas and locations of the Countv's faciiities and premises, and ,,viii arrange pertained access to areas ofthir~l-part7 facilities and premises for the purpose of inspecting the Equipment and performing v.'ork related to the Equipment. Service representatives and others performing said work shall comply with the County's reasonable rules and regulations for access, provided the Department is promptly furnished v,'ith a copy after execution of this Agreement. The County shall provide safe access to the Equipment and ,.','ill maintain the environmem ,,','here the Equipment is located in a safe and secure condition. The Count,,' shall provide service representatives ,,vith access to electrical power, v. ater and other utilities, as ,,','ell as telephone access to the County facility as required for efficient sen'ice. ' I-hat the Count),, shall take reasonable steps to secure the Equipment and to protect the Equipment from damage, theft, loss and other hazards. This shall not obligate the Count3' to procure insurance. The Department agrees to procure and maintain all risks insurance coverage on the Equipment. The County agrees to refrain from using, or dealing with the Equipment in an,,' manner xvhich is inconsistent with the HNS Aureements, an)' policy of insurance referred to in the HNS Agreements, any ap~plicable la,,vs, codes ordinances or regulations. The Counrv'~hall not allow the Equipment to be misused, abused, wasted, or allowed to deteriorate, except normal wear and tear resulting from its intended use. The County shall immediately repo~ any damage, loss, trouble, service interruption, accident or other problem related to the Equipment Io the SWP, and shall comply with reasonable instructions issued thereafter. That any software supplied in connection with the use or installation of the equipment is subject to proprietary rights of Hughes Network Systems, Inc.. and/or HNS's vendor(s) and/or the Department's vendor(s). The use of one copy of said .c..._.l._~_p L OCT 2 0 1998 / software is subject to a license granted from FINS to the Department, and a sublicense from the Department to the Count),, to use the software solely in the operation of the Equipment. to commence on delivery of the software to the Count',' and to last for the term ofthe }lNg Agreements. The County shall not: (i) cop?' or duplicate, or permit anyone else to copy or duplicate, any part of the software, or (ii) create or attempt to create, or permit others to create or anempt to create, by reverse engineering or otherwise, the source programs or any part thereof from the object programs or from other information provided in connection with the Equipment. The County shall not, directly or indirectly, sell, transfer, offer, disclose, lease, or license the software to any third parD.'. G. To comply with these provisions until the termination ofthe HNS Agreements. The amounts retained for the satellite semice cover the initial order for sec'ices provided to the Department pursuant to the services agreement between }lughes Net',york Systems and the State of Florida. The charge does not cover maintenance. repair, additional equipment and other services not part of the initial order for serMces. The sen'ice charge covers only the remote corrective maintenance specified in paragraph 4.3 of the Sen'ice Agreement with HNS and does not cover other maintenance, repair, additional equipment and other services not pan of the initial order for sen'ices. In particular, the service charge does not cover: Maintenance. repair, or replacement of pans damaged or lost throueh catastrophe, accident, lightning, theft, misuse, fault or negligence o~'the Count)' or causes external to the Equipment. such as, but not limited to. failure of. or faulty, electrical power or air conditioning, operator error. failure or malfunction of data communication Equipment not provided to the Count)' by the Department under this Agreement, or from an)' cause other than intended and ordinary use. Changes. modifications, or alterations in or to the Equipment other than approved upgrades and configuration changes. I)einstallation, relocation, or removal of the Equipment or any accessories. attachments or other devices. The County shall be independently responsible for any and all charges not part of the initial service order. XVIII. COMMUNICATIONS COSTS By its execution of this Agreement, the Count)' authorizes the Department to deduct the appropriate costs of the recurring charges for the satellite communications Sen'ice and Equipment from the allocation provided to Count)' under Rule 9G-19.005(3), Florida Administrative (7ode. The deduction is $500 per month for tv,'elve months ($6,000/? ear). 10 O 2 0 1998 /3 .'(IX. In the evcnt the Count)' desires to continue use of the National Warning System (NA\\'AS) line. then the Count)' shall assume all operational and fiscal responsibility for the NAWAS line and equipment in the County. \"E HICLE___~S Written approx al from the Director of the Division of Emergency Management must be oNained prior to the purchase of any motor vehicle with funds provided under this .Agreement. In the absence of such approval, the Department ,.,,'ill have no obligation to honor such reimbursement request. XX. C ERTI FICA~TION_____S lB,.. its execution ofthis Agreement, the County certifies that it is currently in full compliance ,.,.i'& the Rule Chapters 9G-6, 9G-7, 9G-I I, and 9G-19. F.A.C., Chapter 252. Florida Slatu~es and appropriate administrative rules and regulations that guide the emergenc.,, management program and associated activities. The County further certifies that no public official, agency, or body other than the count,' governing body and the Division of' Emereencv Management of the [Separtment of Community Affairs shall have direction and control ox er the director of the County's emergency management agency. The Count.,,' cer'tifies that funds received from the Emereencv Manauement, Preparedness and Assistance Trust Fund (EMPA funds) ',','ill not be u~'ed t~ supplaTnt existing funds, nor will funds From one program under the Trust Fund be used to match funds received from another program under the Trust Fund. The County further certifies that EMPA funds shall not be expended for 911 services, emergency medical services, la,.,.' enforcement, criminal .justice. fire set,, ice. public works or other sen'ices outside the emergency management responsibilities assigned to the County Emergency Management Agency, unless such expenditure enhances emergency management capabilities as expressly assigned in the local comprehensi,.e emergency management plan. 11 OCT 2 , 1998 By its signature below, the County reaffirms its certification to employ and maintain a full- time Director consistent with Section 9G-19.002(6), Florida Administrative Code. IN WITNESS WI--EEREOF, the parties hereto have caused this Agreement to be executed by their undersigned officials as duly authorized. COUNTY: COLLIER COUNTY BY: Name & title: Barbara. B, Berry_, Chairman Collier Cou. n_~'__B, ga.r_d_ 0£ Commissioners Date: STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFA IRS BY: Name & Title: Joseph F. Myers,,Director Date: Federal Employer I.D 59-6000558 ATTEST: DWIGHT E. BROCK, CLERK By: Deputy Clerk Approved as to Form and Legal Sufficiency Thomas C. Palmer, Assistant County Attorney 12 AG[ NO~ I~£M NO.--f~ ?{ OCT 2 0 19913 pQ.... /5 Attachment A SCOPE OF WORK Base Grant funding from the Emergenc,,,' Management, Preparedness and ,Assistance Trust Fund is intended to enhance county emergency management plans and programs that are consistent '.,.ith the State Comprehensive Emergency Management Plan and Program (reference Rule Chapters 9G-6 and 7. F.A.C. and Chapter 252...F.S.). This Scope of Work recognizes that each county is at a xaq..'ing l¢,.el of preparedness, and it is understood that each count.,.' has a unique gcograph.'., faces unique threats and hazards and ser'ves a unique population. In order to receive baie grant funding, each count? must cemify that it ,.','ill use the a`.`.'ard to enhance its Emergenc.', .',.lanagement Program As a condition of recci,.'ing funding pursuant to this ,Agreement. the Count)' shall complete the `.,.ork items that fall bep,,,een October I. lc;9g and September 30. 1999. listed in the mosl recently re,.ised Fi,.'e-', ear Strate~:ic Plan. as approved by the Department. 'l"he re,. ised Fi`.'e-?ear Strategic Plan is auached hereto as AttachmentA-I. Subsequent revisions during the term ofthis Agreement shaII be those submitted in ,.vriting b,.' the Count.,.'. appro,.'ed by the Department. and on file in the DJ,. ision. The document e`. idencing the appro`, ed scope of `.`.ork shall be tl~e most recent S~rategi,: Plan for the (..'ounb' o:~ file in the Division of Emergency Xlanagement. Bureau of Compliance Planning and Support. e,.'idencing approval by Division staff housed in Tallahassee. .As a further condilion of receiving funding under this Agreement. the CounD' shall, follo`.`.'ing full or partial Count,. Emergency Operation Center acti,.'ation at a le`.el equivalent to a State Emergency Operation Center level three (3) or above during the period of this Agreement. then ~h..' Count,`.' shall, x'.ithin t'o rt.,.' - fi `. e (45~ days following the conclusion of the activation, e,. aluate performance of all elements oflhe local emergency management program during tha! activation. and pro`.ide a ~,.riuen after action repo~ to the Department. The format for this after action repo.'-t shall be as prescribed by the Department. Funds ma`.' not he used for items such as door prizes and gifts. Fl.,. ers and promotional items to promote the Emergency Nlanagement Program are allo;`.able. Food and beverages ma.,,' be purchased for Emergency Managemen~ personnel and other personnel only if the Count,.' Emergencv Operation Center or field command office is in an activated status and personnel receiving food/beverage are on duD' at either of these locations. Purchases ma.',' be made only under I) An Executive Order issued by the Governor or 2) a State of Emergency appropriately declared b,.' local officials in response to an emergency event or threat. Within 60 da.vs ofcxe~.ution of this Agreement, the County shall provide copies ofany and all ordinances currentl)' in effect which expressly address emergency management, disaster preparedness, civil defense, disasters, emergencies or otherwise govern the activation of the local emergency management program provided in s._>~._,8. F.S. 13 Attachment B PROGRAm! STATUTES AND REGULATIONS Chapter 252. Florida Statutes Rule Chapters 9G-6.9G-7.9G- I 1. 9G- 19 and 9G-20 Florida Administralive Code Chapter 287. Florida Statutes Chapter I19. Florida Stam~es Chapter I12. Florida Statules ONIB Circular A-87 14 Anachmenl C RECORD KEEPING A. All original records pertinent to this ,Agreement shall be retained by the Count)' for three .,.ears follo,xing the date of termination of this Agreement or of submission of the final close-out report, v.'hichever is later, with the following exceptions: If any l~tigation, claim or audit is started before the expiration of the three )'ear period and extends beyond the three )'ear period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. Records for the disposition of non-expendable personal property valued at $1.000 or more at the time of acquisition shall be retained for three 5'ears after final dispositAon. Records relatin~ to real proper~y acquisition shall bc retained for three .x cars after closing of title. All records, including supporting documentation of all program costs, shall be sufficient to determine compliance ~.vith the requirements and objectives of the Scope of Work. Attachments A and A-1, and all other applicable laws and regulations. The Count). its emplo)'ees or agents, including all subcontractors or consultants to be paid from funds provided under this ,Agreement. shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed accordin~ to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m.. local time, on Monday through Fridav. "Agents" shall include, but not be limited to. auditors retained by the Department. 15 .o. ~iq: L~ / I I OCT 20 1998 Attachment D REPORTS The Counts' shall provide the Department with quarterly financial reports, semi-annual summan.' progress reports prepared in conjunction with the Department's Area Coordinator. and a final close-out report, all in a format to be provided by the Department. Quanerl? reperts shall begin with the first quarter of the county fiscal year: are due to the Department nc, later than thirD.' (30) days after the end of each quarter of the program .','ear: and shall continue to be submitled each quarter until submission of the final close-out report. The ending dates for each quarter of this program )))'ear are December 31. ,",larch 31. June 30 and Scptember 30. The fin::] close-out report is due fon)-five (45) days after termination of this ,Agreement. In addition to the abos'e, in order to ensure compliance with Rule 9G-19.011. F.A.C.. historica', budgetary information relating to the Count)))' Emergency Management Program is also required. This information shall be developed based on guidelines provided by the De?anr:.:c:;t .~nd shall be submitted to the Department not later than December 31. 1998. ..\ proposed staffing summary and budget summar2:' describing planned expenditure of funds pros ided under this Agreement toxsard the completion of items detailed in ,Attachments A and A-I shall be submitted to the Department in a format provided bF' the Department not later than December 31. 1998. If all required reports, budget summas'y and budgetao' information prescribed above are not provided to the Department or are not completed in a manner acceptable to the Department. the Dcp~ment may $~.Jthhold further payments until the.,,' are completed or mas' take such other action as set forth in Paragraphs VII. and IX.. and Rule 9G-19.014. F.A.C. "Acceptable to the Department" means that the v, ork product svas completed in accordance with generally accepted principles, guidelines and applicable law. and is consistent with the Scope of \Vork. Upon rea.sonable notice, the Count)))' shall provide such additional program updates or information as may be required b)' the Department. All report formats provided by the Department shall be made available to the County on the D $ . on s internet site. 16 1998 J A. Attachment E PROCUREMENT. SUBCONTRACTS AND SUBGRANTS All subcontracts entered into by a Count,,,' in connection with an)' portion of the Scope of Work shall contain all terms of the County's Agreement with the Department. The County' shall send a cop)' of any subcontracts entered into in connection with implemcntin~ the Scope of Work to the Department within 30 days after their effecti', e dates. The Count)' shall not axsard subgrants using funds awarded pursuant to this Agreement. The County shall comply with all applicable procurement rules and regulations in securin~ goods and services to implement the Scope of Work. W'herever required by law or o~her'~ ise permiued, the Count),.' shall utilize competitive procurement practices. .-\tloxxable co:ts shall be determined in accordance with Office of Management and Budget Circular A-$7. 17 AGENO~ "~'..-._ Z-~-D-L OCT 2 0 1998 Po.. ,~ C, Attachment F ' N FL.rNDI. G,.%tATCHING This is a cost-reimbursement Agreement. The County shall be reimbursed for costs incurred in ~he satisfacton.' performance ofv.'ork hereunder in an amount not to exceed S99,274 subject to the availability of funds from the Department. The amount of funds available pursuant to this rule chapter may be adjusted proportionally when necessar'?' to meet an.,,, matching requirements imposed as a condition of receiving federal disaster relief assistance or planning funds. Funds received from the Emergency Management, Preparedness and Assistance Trust Fund may not be used to supplant existing funds. nor shall funds from one program under the Trust Fund be used to match funds received from another program under lhe Trust Fund. ,An,,' advance payment under this Agreement is subject to s. 216.181(14). Florida Statutes. L'p to twenty-live (25) percent of an award ma.,,' be advanced. lfan advance payment is requested, the budget data on which the request is based and a .}ustil3cation letter shall be submitted. The letter will specie' the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these fund s. Indicate betox,, which method of payment is preferred: No advance payment is requested: payment will be made solely on a reimbursement basis. ..\n advance payment ors is requested: balance of pa,vments will be made on a reimbursement basis. (Justification letler must be provided; advnnced funds ma)' not exceed 25% of total eligible award) ,After the initial advance, if any. an)' further payments shall be made on a quanerl.v reimbursement basis. Additional reimbursement requests in excess of those made quanerlyf' max be approvect bb' the Department for exceptional circumstances. An explanation of the exceptional circumstances must accompany the request for reimbursement. The Count.',' agrees to expend funds in accordance with the Scope of Work, Attachments A and A- I of this .Agreement. All funds received hereunder shall be placed in an interesl-bearing account with a separate account code identifier for tracking all deposits, expenditures and interest earned. Funds disbursed to the County by the Department that are not expended in implementing this program shall be returned to the Department, along with any interest earned on all funds received under this Agreement, within ninety (90) days of the expiration oflhe av,'ard Agreement. The Count,,' shall comply with all applicable procurement rules and regulations in securing goods and sen'ices to implement the Scope of Work. OCT 20 1998 Fo Allox,,ablc costs shall be determined in accordance *,vith applicable Office of ~lana?ment and Bud,.:,et Circulars, or. in the excnt no circular applies, by 48 CFR Pan 31 CONTRACT COST PRINCIPLES AND PROCEDURES. At a minimum, the Count)' shall continue to provide other funding for the Count)' Emergency Management Agency at an amount equal to either: (1) the average of the pre,, ious three 5'ears' level of county general revenue funding of the County Emergency .Xlanaeement Agency; or (2) the level of funding for the County Emergency .Manazement Agency for the last fiscal .,,'ear. whichever figure is lower. Count.'.' general revenue funding for 911 se~'ices, emergency medical sec'ices, law enforcement, criminal justice, public x~.orks or other services outside the local emergency management agenc.v as defined by Szclion 252.38. Florida Statutes. shall not be included in determining the "lexel of county funding of the Count2,.' Emergency Manaeement Agency." The Count.,.' shall ceni~3 compliance with this rule chapter and this rule by its execution of this Agreement. and as a condition precedent to receipt of funding. Should the Count.,,' wish to carD' fomard, into the fiscal year beginning October I. 19q0. an3 unspent l'unds a~,varded under this Agreement. the Count').' must request such cart'. for'e, ard of funds in writing to the Department bF· July3 I. 1999. This request taus: include a detailed explanation and justification for the request and ma)' not exceed an amount equal to '<~ooftheinitialamounta~xardedigl0.._/4)underthisA?eement. Failure to timely subm;~ ;nll~rmation. or failure to submit complete information, ma,.' result in the denial o:'a request ;o car:-x funds fonvard. Any cart2,.' forv, ard amounts approved will be added to the Countx's fotlcxxin~ )ear's base Agreement. Funds ma)' not be carried forv. ard for ~he .....~_ u,., ,,,.'_~ of pa',. ine salaries and benefits of re~zular, or Other Personal Ser'x ices person, riel. ?,uch salaries and benefit funds ma.,,' be carried for~xard to cover contractual or other ~emporau personnel costs for non-recurring projects onlx 19 I o 2 o EXECUTIVE SUblMARY APPROVAL OF A RESOLUTION AUTHORIZING EXPENDITURE OF FUNDS FOR THE UNITED WAY OF COLLIER COUNTY CAMPAIGN ACTIVITIES. OBJECTIVE; To approve the expenditure of funds not to exceed a total of $1,500 to cover the cost of activities associated with and incentive prizes for participants in the United Way of Collier County Campaign. CONSIDERATIONS: Ordinance 8%5 authorizes the expenditure of funds for valid and proper County purposes. County employees are encouraged by Management to support and participate in the United Way Campaign activities. Last year, County employees raised over $12,000 in support ofthe Campaign. It is our goal to increase this amount by at least 10% for the 1999 Campaign. Outstanding efforts by employees are to be recognized with incentive prizes including but not limited to t-shins, mugs, pins, plastic water bottles, plaques, trophies, food and beverages. The event serves to boost employees morale while contributing to an important community event. FISCAL IMPACTs. A budget amendment in the amount of $1,500 will be processed to allocate funds from the General Fund (001), Other Uses (919010), Reserve for Contingencies (991000) account to the General Fund (001), Support Services Administration Cost Center (1211 I0), Other Operating Supplies (652990). GROWTH MANAGEMENT IMPACT: None. .RECOMMENDATION: That the Collier County Board of Commissioners adopt the attached Resolution authorizing expenditure of funds not to exceed $1,500 for the "United Way of Collier County Campaign activities and approve any associated budget amendments. Prepared by: Date: Kafhy/M~rt~minii/fl:ative Secretary ' ' /-/-- Date: Administrator Approved by: iA~£NOA .ITEM .o. ,, lO OCT 2 0 1998 I 2 3 4 $ 6 7 9 10 KESOLUTION NO. 98- A KESOLI. FFION RATIFYING AND APPROVING THE EXPENDITURE OF FUNDS FOR ACTIVITIES AND INCENTIVE PRIZES ASSOCIATED WITH COUNTY STAFF PARTICIPATION IN ~ UNITED WAY CAMPAIGN PURSUANT TO THE PROVISIONS OF COLLIER COUNTY ORDINANCE NO, 87-5, AS SERVING A VALID PUBLIC PURPOSE. WIIEREAS, Collier County Ordinance No. 8%5 states that the Board of County 11 Commissioners shall adopt a Resolution authorizing the expenditure of County funds for 12 valid and proper purposes; and 13 WII EREAS, the Board of County Commissioners recognizes the worthwhile goals 14 ofth¢ United Way of Collier County and the positive effects participation in the United Way 15 of Collier County Campaign has on County employees. 16 NOW, THEREFOP~, BE IT RESOLVED BY THE BOARD OF COUNTY 17 COMMISSIONERS OF COLLIER COUNTY, FLOP, IDA that the expenditure of funds l g not to exceed $1,500.00 for activities associated with the United Way Campaign are hereby 19 found by the Board to serve a valid public purpose and are ratified and approved. The 20 specific expenditures ratified and approved are incentive prizes including but not limited to: 21 T-shirts, mugs, pins, plastic water bottles, plaques, trophies, food, beverages, and incidental 22 suppties for serving a light snack for employees participating in the United Way Campaign. 23 This Resolution adopted aRer motion, second, and majority vote. 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Dated: BOARD OF COUNTY COMMISSIONERS: COLLIER COUNTY, FLORIDA Attest: DWIGHT E. BROCK, CLERK By By:. Approved as to form and legal sutticicncy: David d. Weigel County Attorney BARBARA B. BERRY, CHAIRMAN AGE NOA, ,i Tit.1 No. /~/V ~,' OCT 2 0 1998 Pg, ~ BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE OCTOBER 20, 1998 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED' Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: A. September 28 - October 2, 1998 Districts: A. Collier Mosquito Control District Revised letter sent with previous item. Date has been corrected on letter. Bo Co Budget for Fiscal 1998-99 that has been signed Collier Soil and Water Conservation District i) No outstanding bonds ii) No Changes to the Public Facilities Report iii) Annual Audit for year ended September, 1997 iv) Financial Statement for year ended September, i 997 v) Management Letter vi) Response to management letter Collier Soil and Water Conservation District i) Proposed budget for fiscal year 1999 East Naples Fire Control and Rescue District i) iii) Annual Audit for year ended September, 1997 Financial Statement for )'ear ended September, 1997 Management Letter 0el 2 0 1998 Pcj. / ......... F. tl. iv) Response to Management Letter Golden Gate Fire Control 8: Rescue District i) Budget for 1998-99 ii) Cop.,.' of Designation of Registered Agent iii) District Map ix') Schedule of Meetings for 1998-99 v) No Outstanding Bonds as of September 3{'). 1998 t lcritagc Greens Community l)cvclopmcnt District i) 1~. inancial Statements for September 30. 1997 ii} Audit for September 30. 1997 iii) .',.lanagement Letter ivl Response to Management Letter v) No Outstanding Bonds as of September 30. 1998 Immokalee Fire Control District i ) Budget for 1998-99 lmmokah:e Water and Sewer District it Revised Budget for Fiscal Year 1998 ii) Budget for Fiscal 1998-09 iii) District Map Key Marco Community Development District i) Notice that meetings are not scheduled on a regular basis for Fiscal Year 19'-)8-99: A notice is published at least seven days prior to each meeting. ii) District Map Lely Community Development District i) Financial Statement September 30. 1997 AGENDA ITEM 7Ir No./.._~; - OCT 2 0 1 98 pg. _'"~--- _ Lo ii) Minutes: ii) Local Government Annual Financial Report iii) Management Letter ix') Schedule of Meetings for 1998-99 v3 District Map Pelican Marsh Community Development District i) Financial Statement September 30, 1997 ii) I.ocal Government Annual Financial Report iii} Management Letter Port of the Island Community Improvement District i) Schedule of meetings fiscal Year 19980-99 District Map MPO - Technical Advisor3' Committee and Citizens Advisor3' Committee - minutes April 22, 1998 Environmental Advisor3' Board - minutes June 3. 1998 and agenda for July 1. 1998. AGENDAITE~, No.. / /~ ~.--:- OCT 2 0 1998 Pg..~