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Agenda 02/11/2003 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CLERK TO BOARD 4TM FLOOR FP:3 IND: I CV:0 AGENDA February 11, 2003 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR. TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1 February 11, 2003 INVOCATION AND PLEDGE OF ALLEGIANCE A. Associate Pastor Roy Fisher, First Baptist Church of Naples AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. Parte Disclosure provided by Commission members for summary agenda.) B. January 14, 2003 - Regular Meeting (Ex 3. SERVICE AWARDS 4. PROCLAMATIONS 5. PRESENTATIONS 6. PUBLIC PETITIONS A. This item continued from the January 28, 2003 BCC MeetinR. Public Petition request by Mr. Jim Kramer to discuss Selective Non-Enforcement of the Collier County Sign Ordinance. B. Public Petition request by Mr. Jim O'Shea to discuss a modification of the license of The Willough at Naples. C. Public Petition request by Dr. Theodore Raia to discuss site plan for Cap d'Antibes at Waterpark Place in Pelican Bay. Public Petition request by Mrs. Julie Sturdivent to discuss a proposed public neighborhood park in Livingston Woods. Public Petition request by Mr. Larry Basik to discuss sign and school bus shelter in R.O.W. located at 14th Street and Cypress Woods Drive. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS 2 February 11, 2003 This item has been continued from the December 17, 2002 BCC Meetinq. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. RZ-2001-AR-1649, Robert L. Duane, ot Hole Montes Inc., representing Craig D. Timmins, Trustee, requesting a rezone from RSF-3 to C-1 for property located South of Immokalee Road on the East side of Veterans Park Drive, in Section 26, Township 48 South, Range 25 East, Collier County, Florida. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition No. CP-2000-6, Growth Management Plan Amendments for the Immokalee Road/Collier Boulevard Area (Heritage Bay Development of Regional Impact) to establish the "Urban- Rural Fringe Transition Zone Overlay" for Sections 13, 14, 23, 24, T48S, R26E, Collier County, Florida, by: Amending the Future Land Use Element and Map Series; amending the Sanitary Sewer Sub-Element of the Public Facilities Element; amending the Potable Water Sub-Element of the Public Facilities Element; amending the Water and Sewer Service Boundary Map of the Public Facilities Element; providing for severability; and, providing for an effective date. (Adoption Hearing-Dri-Related Amendment) BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Land Acquisition Committee. B. Appointment of member to the Collier County Planning Commission. C. Appointment of members to the Collier County Code Enforcement Board. D. Appointment of member to the Workforce Housing Advisory Committee. E. Confirmation of members to the Collier County Coastal Advisory Committee. 10. COUNTY MANAGER'S REPORT A. Adoption of a Resolution opposing discrimination against all citizens of Collier County. (Debbie Wight, Assistant to the County Manager) 3 February 11, 2003 Bo Adoption of Resolutions authorizing the issuance of Collier County, Florida Gas Tax Revenue Bonds, Series 2003 in order to effect such financing and refinancing; providing certain terms and details of said bonds, including authorizing a negotiated sale of said bonds; delegating certain authority to the Chairman for the execution and delivery of a purchase contract; appointing the Paying Agent and Registrar for said bonds; and providing an effective date. Copies of the Gas Tax Revenue Bond is on display in the County Manager's Office, 3301 East Tamiami Trail, 2"d Floor, W. Harmon Turner Building, Naples. (Michael Smykowski, Director, Office of Management and Budget) C. Approve the "Orangetree Government Service Day" Event and related Budget Amendment. (Jim Mudd, County Manager) Approve payment of construction cost differential to Florida Power and Light for underground electrical distribution lines in lieu of overhead power distribution lines along 91st Avenue North, not to exceed $60,000. (Joseph Schmitt, Administrator, Community Development) Staff requests the Board of County Commissioners adopt a Resolution repealing Resolutions pertaining to Land Acquisition, delay acceptance of recorded easements for Whippoorwill Lane and clarify Collier County's position. (Norman Feder, Administrator, Transportation Services) 11. 12. PUBLIC COMMENTS ON GENERAL TOPICS COUNTY ATTORNEY'S REPORT Presentation by staff to Board of County Commissioners for its review of a proposed settlement offer in the Companion Impact Fee Collection Cases of Collier County v. Nationwide and Nationwide v. Collier County. Consideration of approval of Settlement Agreement and Mutual Release for previously unpaid educational, community and regional parks and library impact fees for Arden Courts at Lely Palms and Manor Care at Lely Palms. 13. OTHER CONSTITUTIONAL OFFICERS A. Discussion regarding construction of the North County Library and the expansion of the North County Wastewater Reclamation Facility. 4 February 11, 2003 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Potential purchase of two homes on Tropicana Boulevard to create an entrance to the proposed new high school in Golden Gate City. 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Petition AVESMT2002-AR3349 to disclaim, renounce and vacate the County's and the Public's Interest in two 30 foot wide parcels of land conveyed to Collier County by separate instrument for road right-of-way, utilities and drainage, as recorded in Official Record Book 484, Page 523 and Page 525, Public Records of Collier County, Florida, located in Section 21, Township 48 South, Range 26 East. 2) Approval of a specific expenditure for an Affordable Housing Lenders' Workshop sponsored by the Financial Administration and Housing Department. 3) Code Enforcement Lien Resolution Approvals. 4) Approve 2003 Tourism Agreement with Naples Botanical Gardens for Tourist Development Special Museum Grant of $500,000. 5) Approval of one (1) Impact Fee Refund Request totaling $68,220. 6) Final acceptance of Water Utility Facilities for The Dunes, Phase 1. 7) Final acceptance of Water Utility Facilities for The Dunes, Phase 2-A. 8) Recommendation to approve the early excavation of the Lake System at the proposed Arrowhead PUD located in Section 31, Township 46 South, Range 29 East, bounded on the South and West by land zoned A-MHO, on the East by Carson Road and land zoned A-MHO, and on the North by Lake Trafford Road and land zoned agricultural. 9) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Island Walk Phase Four". lo) Request to approve for recording the final plat of "Indigo Lakes Unit Six" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 5 February 11, 2003 11) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Pelican Marsh Unit Two". 12) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Pelican Marsh Unit Six". 13) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Pelican Marsh Unit Twenty". B. TRANSPORTATION SERVICES 1) Approve a Budget Amendment to recognize a developer contribution in the amount of $7,500.00 for the Wiggins Pass Road Outfall Project (Project No. 51212). 2) Recommendation to award Bid #03-3460 - "Purchase of One (1) 4,000 Gallon Water Truck" to Wallace International Trucks, Inc., in the amount of $92,900. 3) Approve an Easement Agreement and accept an Access Easement which is required for periodic maintenance of the Golden Gate Main Canal under the bridge constructed at 13th Street SW (Project No. 69068). Fiscal Impact: $7,360. 4) Approve Change Order No. 2 to the Immokalee Road/I-75 Interchange Construction Contract in the amount of $378,114.66 which includes a portion of work to be paid for by Brentwood Land Partners, LLC. (Project No. 66042A) 5) Approve a Change Order in the amount of $30,366.70 with Better Roads, Inc. for median improvements on Pine Ridge Road, Project No. 60016. C. PUBLIC UTILITIES 1) Approve an Easement Agreement and accept a Utility Easement for the Golden Gate Wellfield Reliability Improvements Project at a cost not to exceed $1,500.00. 2) Approve an Amendment to Work Order SC-02-45 with Surety Construction Company, for the North County Regional Water Treatment Plan Noise Abatement, Project 70063, in the amount of $10,276.69. 3) Approve a Work Order with Greeley and Hansen LLC to perform an Inflow and Infiltration Study for the South County Wastewater Service Area in the amount of $297,880, Project Number 73164. D. PUBLIC SERVICES 1) Acceptance of an additional $66,179 in State Aid to Libraries in FY03. 2) Award of Bid #03-3438 to Golden Gate Nursery and Sod and Leo's Sod for purchase and delivery of turf at a projected cost of $70,000. 6 February 11, 2003 3) Approval of contract to Sweet, an Ortivus Company, for the purchase of billing software for the EMS Department in the amount of $25,435. E. ADMINISTRATIVE SERVICES 1) To Award RFP 03-3447 "Office Supplies and Office Furniture" at an estimated annual cost of $350,000. 2) 3) Approval of the attached Resolution providing for the Acceptance of Conveyances made in compliance with Development Commitment Requirements of all Ordinances and Agreements or as an integral part of Capital Improvement Projects and authorizing the Board of County Commissioners' Chairman, during the 2003 Calendar Year, to execute certain documents required in connection therewith. Approval of a Resolution authorizing the Chairman of the Board of County Commissioners, Collier County, Florida, to execute deeds and agreements for deed to right of interment for the purchase of burial plots at Lake Trafford Memorial Gardens Cemetery during the 2003 Calendar Year. 4) Approval of a Resolution authorizing the Chairman of the Board of County Commissioners, Collier County, Florida, during the 2003 Calendar Year, to execute agreements, deeds and other documents required for the sale of GAC Land Trust Property. 5) Approve the Award of RFP #03-3441, "Air Filtration Services and Supplies", to Kleen Air Research, for annual air filter services in the amount of $73,000. 6) Award Bid #02-3314 for the advertising of Delinquent Real Estate and Personal Property Taxes at an annual cost of $63,680. F. COUNTY MANAGER 1) Approval of Budget Amendment Report-Budget Amendment #03-180 for $25,000 to complete several ADA related projects, including the installation of a handicap parking area at the Law Library, and new railings at Development Services and the Marco Island Library. 2) Approve the Local Government Access Television Policies and Guidelines. AIRPORT AUTHORITY BOARD OF COUNTY COMMISSIONERS 1) Commissioner Henning request for approval to attend EDC Installation of Officers Dinner as serving a valid public purpose. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file with action as directed. 7 February 11, 2003 17. J. OTHER CONSTITUTIONAL OFFICERS 1) That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the detailed report of open purchase orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. K. COUNTY ATTORNEY 1) Request that the Board of County Commissioners authorize Chairman Tom Henning to sign the attached Agreement authorizing the Collier County Sheriff's Office to have Traffic Control Jurisdiction over private roads within the Island Walk Subdivision. 2) 3) Recommendation that the Board of County Commissioners waive the Purchasing Policy, to the extent that is necessary, and ratify and authorize the Retention of Thomas G. Pelham, Esq., as a consultant or expert on Land Use Planning Issues in Aquaport v. Collier County, Case No. 2:01-CV-341-FTM-29DNF, now pending in the United States District Court for the Middle District of Florida and authorize the Chairman to sign any necessary Retention Documents. Recommendation that the Board of County Commissioners waive the purchasing policy to the extent it may be necessary and authorize the County Attorney to hire the Firm of Carlton, Fields pursuant to the County's continuing with that firm and specifically Attorney's Marti Chumbler and Donald Hemke to defend the County in an alleged Class Action Lawsuit for Inverse Condemnation and Invalidation of Moratorium that is styled Century Development of Collier County, Inc., et al, v. Jeb Bush, et al, Case No. 03-117-CA-HDH, now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, and approve funding and Budget Amendment. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. SHOULD ANY OF THE FOLLOWING ITEMS BE MOVED TO THE REGULAR AGENDA ALL PARTICIPANTS MUST BE SWORN IN. CU-2002-AR-2836 Craig Smith, Owner and Operator of Naples Progressive Gymnastics, an existing facility, is seeking approval for Conditional Uses "19" and "20" of the Agricultural "A" Zoning District for Sports Instructional Schools and Camps and Sporting and Recreational Camps property located at 3275 Pine Ridge Road in Section 12, Township 49 South, Range 25 East, Collier County, Florida. 8 February 11, 2003 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383, 9 February 11, 2003 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING February 11, 2003 WITHDRAW ITEM 6A: Public Petition request by Mr. Jim Kramer to discuss Selective Non-Enforcement of the Collier County Sign Ordinance. (Petitioner request.) CONTINUE ITEM 6C To March 11, 2003 BCC Meetinq: Public Petition Request by Dr. Theodore Raia to discuss site plan for Cap d'Antibes at Waterpark Place in Pelican Bay. (Petitioner request.) MOVE ITEM 10C to 9F: Approve the Orangetree Government Service Day" event and related budget amendment. (Commissioner Henning request.) MOVE ITEM 10D to 9G: Approve payment of construction cost differential to Florida Power and Light for underground electrical distribution lines in lieu of overhead power distribution lines along 91st Avenue North, not to exceed $60,000. (Commissioner Henning request.) CONTINUE ITEM 13A to February 25, 2003 BCC Meetin.q: Discussion regarding construction of the North County Library and the expansion of the North County Wastewater Reclamation Facility. (Clerk's request.) MOVE ITEM 16(A)2 To 10F: Approval of a specific expenditure for an Affordable Housing Lenders' Workshop sponsored by the Financial Administration and Housing Department. (Commissioner Henning request.) MOVE ITEM 16(F)2 To 10G: Approve the Local Government Access Television Policies and Guidelines. (Commissioner Coyle request.) NOTES: Against 16(A)8 - A security bond in the amount of no less that $25,000 and no greater than $125,000 as determined by the staff depending on the sequence and magnitude of excavation. COLLIER COUNTY MANAGER'S OFFICE January 21,2003 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 77'4-4010 Mr. Jim Kramer 992 Plymouth Rock Drive Naples, FL 34110 Re: Public Petition Request to Discuss Selective Non-enforcement of the Collier County Sign Ordinance Dear Mr. Kramer: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of January 28, 2003, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Tumer Building (Building 'F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do' not hesitate to contact this office. Sincerely, James¥. Mudd County Manager JVMSJb cc: David Weigel, County A.ttomey Joe Schmitt, CD&ES Administrator ~an 15 03 lO=4Ba Rema~kRJa~BOL 9416437679 p.1 "Do not...regard the critics as questionable palriots. What were Washington and Jefferson and Adams but profound critics of the colonial status quo?" - Adlai Stevenson 6. PUBLIC PETITION January 28,200~ Selective non-enforcement of Collier County ordinances. Respectfully, Jim Kmmer 180 Cape Sable Dr Naples FL 34104 239.450.2771 remarKRJ~aol.com Page 1 of 1 ochs_l From: ochs_l Sent: Tuesday, January 21, 2003 11:36 AM To: 'RemarkRJ~aol.com' Cc: mudd_j; bodinejudi; brock_m; walsh_b Subject: RE: Public Pe 'btion Request - Jim Kramer Thank you for the reply. Based on your response, you will be scheduled for hearing under Public Petitions to discuss selective non-enforcement of the Collier County Sign Ordinance on January 28, 2003. I will fax you the standard confirmation letter later today. .Original Hessagc From: RemarkR]Oaol.corn [mailto:RemarkR.]~ol.com] Sent: Wednesday, .lanuary ].5, 2003 6:22 PM To: ~s~:oillergoY.ne~ Subject: Re: Public PetYdon Request - .lim Kramer I understand the pressure you must be under to disqualify me from presenting these public petitions by the new chairman. He signaled his intent list year when he told me to "PAY THE BILL, AND MOVE ON." That was in reference to Ordinance 99-38. Yesterday, Jim Mudd referred to selective non-enforcement of the sign ordinance for those businesses with neon. While there is no county ordinance goveming the "sunshine law", you probably know that I have filed a compliint with the State's Attorney over your letter to me dated 16 October 2002. Selective enforcement is also the subject of that dispute. Similarly, I have yet to receive the second refund check for my overpayment of fees for video of the BCC meetings. Selective enforcement?. You tell me. Tell the chairman that ttmre is about 25 meetings left during his reign. He probably already knows that I moved into his district on 3 January. As Adlai Stevenson said, "Do noL..regard the critics as questionable patriots. What were Washington and Jefferson and Adams but profound crftics of the colonial status quo?' cc: Naples Daily News, WINK-TV, News-Press, Danny Schryver, Investigator Schott 1/21/2003 · Page 1 of 1 .... ochs_l From: RemarkRJ~aol.com Sent: Wednesday, January 15, 2003 6:22 PM To: LeoOchs~icoiliergov. net Subject: Re: Public Petition Request - Jim Kramer I understand the pressure you must be under to disqualify me from presenting these public petitions by the new chairman. He signaled his intent last year when he told me to "PAY THE BILL, AND MOVE ON." That was in Yesterd~, Jim Mudd referred to seleclNe non-enforcement of the sign ordinance for those businesses with neon. While them is no county ordinance goveming the "sunshine law", you probably know that I have filed a complaint with the State's Attorney over your letter to me dated 16 October 2002. Selective enforcement is also the subject of that dispute. Similarly, I have yet to receive the second refund check for my overpayment of fees for video of the BCC meetings. Selective enforcement?. You tell me. Tell the chairman that there is about 25 meetings left during his reign. He probably already knows that I moved · into his district on 3 January. As Adlai Stevenson said, "Do not_regard the critics as questionable patriots. What ware Washington and Jefferson and Adams but profound critics of the colonial status quo?' cc: Naples Daily News, WINK-TV, News-Press, Danny Schryver, Investigator Schott 1/15/2003 ochs I From: Sent: To: Cc: Subject: ochs I Wednesday, January 15, 2003 4:41 PM 'remarKRJ@aol.com' mudd_j; weigel_d; bodinejudi Public Petition Request Go(xJ Afternoon Mr. Kramer:. Our ofrme is in receipt of your public peffidon request for the January 28, 2003 BCC meeting, submitted by facsimile today. Before this item, 'Selective non-enforcement of Collier County ordinances", can be scheduled under the public hearing section of the agenda, I will r..~l more details about the specific actions you are requesting the Board to consider with respect to enforcement of County ordinances. If additional details are no{ received, this item will not be placed under public petitions. However, you would certainly be flee to appear under the Public Comment on General Topics section of the meeting agenda. I look forward to hearing from you soon. Leo O~hs, Jr. Deputy County Manager Collier County Government (239) 774-8383 COLLIER COUNTY MANAGER'S OFFICE January 27, 2003 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Mr. Jim O'Shea, Executive Director The Willough 9001 Tamiami Trail East Naples, FL 34113 Re: Public Petition Request to Discuss a Modification of the License of The Willough at Naples. Dear Mr. O'Shea: Please be advised that you are scheduled to appear before the Collier County Board of Commissionem at the meeting of February 11, 2003, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, u~ld -- County Manager JVM/]b cc: David Weigel, County Attorney Joe Schmitt, CD&ES Administrator FEB 112003 81/23/2Be3 11:58 941793~534 WIi3..13LK~ PAGE B1/01 lie To: From: Date: Jim Mudd, County Marmger Jim O'$hea, ~e January 22, 2003 This will m~rve as a request to The Board of County Commi~ioners to allow myself arrl/or .rmther.mpmsentatlve of The WIIough tn apeak ;t'tf~ next meel~ng of the BoaM on February 11.2003. This request is under the agenda of a public petition and pertains to a modification of the Ilmnse of The Wllough at If you have any quea~dons about this petftion pleaee feel free to (mil me at any time. , COLLIER COUNTY MANAGER'S OFFICE Janua~ 28,2003 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Theodore J. Raia, Jr., M.D. 7117 Pelican Bay Boulevard, Apt. O404 Naples, FL 34108 Re: Public Petition Request to Discuss Site Plan for Cap d'Antibes at Waterpark Place in Pelican Bay Dear Dr. Raia: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of February 11, 2003, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, · ) .-.-,..~.. ., / -;fames V. Mudd County Manager JVM/jb cc: David Weigel, County Attorney Joe Schmitt, CD&ES Administrator FEB 1! 2[)O3 Theodore J. Raia, Jr., M.D. 7117 Pelican Bay Boulevard Apartment 404 Naples, Florida 34108 (239) S94-28S1 ~r0L~c0m January 23, 2003 Mr. Jmes Mudd County Manager Administrative Bldg. F 3301 East Tmiami Trail Naples, Florida 34112 Dear Mr. Mudd: On behalf of the Pelican Bay Property Owners Association (PBPOA) and other residents of Pelican Bay I wish to petition the Board of County Commissioners for a hearing regarding the approval of the site plan for the Cap d'Antibes at Waterpark Place in Pelican Bay. We respectfully request that the Board of County Commissioners revoke the approval because the new site plan approved in May of 2001 is in violation of the Planned Unit Development (PUD). The site plan is not in harmony with Pelican Bay, it claims to be a cluster which it is not, does not meet set-hack requirements, is injurious to the neighborhood and its neighbors, and will not meet the Engineering Services Division recommendation for Fire Safety. Theodore J. Raia, Jr., M.D. C.C. Com. Hulas FEB 1', 2,~3 COLLIER COUNTY MANAGER'S OFFICE January 28, 2003 Julie Sturdivent 6411 Sable Ridge Lane Naples, FL 34109 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Re: Public Petition Request to Discuss a Proposed Public Neighborhood Park in Livingston Woods Dear Ms Sturdivent: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of February 11, 2003, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Tumer Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do' not hesitate to contact this office. Sincerely, /, .," ~,~...>~,~,.;x ,.~. // --7.'3ame~ V. Mudd ' ~un~ Manager JVU/jb cc: David Weigel; County A.ttomey John Dunnuck, Public Services Administrator FEB 1! 2'~g3 Page 1 of 1 mudd._j From: SturdyFoodQaol.com Sent: Sunday, January 26, 2003 8:59 To: henning_t Dear Mr. Henning: I am oontacl~ng you again with con,ems that you are detanninecl to put a perk in Livingston woods. It is not the right decision to build this park from the response of 70 surveys that were returned to you, I have several copies of your survey that we took fTom house to house and a great number either did not get one the first time, or they said yes and now want to change that to no, or they thought this was Livingston,Regional, park that was being quasboned. The response has been ovenld~lming, I have 5 votes YES, and over 120 voles NO. By simple word of mouth, people have been calling me and coming to my house asking to sign the petition. The people here are totally shocked that the county wants to put a perk on 66Oit d the 1-75 fence line, this is not centrally located, and a extremely unsafe. The wishes of this neighborhood are that this property be turned into a green spece location. Them is a family of fox living on this property right now, we have pictures of eagles that take fish flora our lake and sit in the trees of this property and eat. Please, don~t interfere with this wonderfully natural spot, we would love to see this property be one of your first on your "Green Space" project We are asking you to save the tax peyers money, we are not asking you to spend more. If you would make this a green space you would have the support of Livingston Woods. If you really want to be the neighborhood "HERO" create this into your districts first green space preserve and save the wild life that is already living here. I feel very strongly that a public perk should NOT be built in Livingston Woods. We would like to meet with you to talk about our concerns and the concerns of the true majority of the home owners in Livingston Woods neighborhood. Sincerely' Julie & Mark Sturdivent FEB 1! 2003 COLLIER COUNTY MANAGER'S OFFICE January28,2003 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Mr. Larry Basik 720 Goodleffe Road, Sure 305 Naples, FL34102 Re: Public Petition Request to Discuss Sign and School Bus Shelter in R.O.W. Located at 14~h Street and Cypress Woods Ddve Dear Mr. Basik: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of February 11, 2003, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, ~-. ~ffJames V. Mudd County Manager JVM/jb cc: David Weigel, County Attorney Joe Schmitt, C.D.&E.S. Administrator JAN-28-2003 TUE 02:22 PM AHERIOAN FUNDING FAX NO. 19412628594 P. 01 BASIK DEVELOPMENT, L LC Petitioner's Name: __" ~Z[ ,~ i ~ Petition='s Address: 7 ,,~ 0 A~ent's Name: Telephone: . ('o.1 Fax #: 720 Goodlette Road, Suite ~)S, Ns.pies, Florida 34102 .(941) 262-3210, (941) 262..8S94 .............. EEB.I.1. . · J~-28-2003 ~ 02:23 FaX NO, 19412628594 O2 Description of Subject Property: I S~xlivisio~: j~fli~~i~l~C_~t _ s~o. _~ ~ .~,,'~'. '~' ~' -~ ~e Lot(s) -- M~es&BoundsDee~ption: ]~ ~ ' ~3'-0 ~ ~JI ,Sro ~,~ o,S,~U~o~: ~vO:) -- Current ZaninE and Land usc of Subject Parcel: Len~ & Height of,,vall upon which the Si~n will be secured: ~ / X ~ ,~/~ 4) . (IfW~ Sizn) Width of Subjcct PwPCrtY: ~0 i O Nature of petition . ... . what is proposed; tt~¢ amount of cncroacbmcnt proposed usmE numbcrs, i.e. reduce setback from IS' to 10'; wl~y ~achment is necessary; how existing encroacluncnt came to be; e~c.I Appl~tiou for S~n Yarbmee ~etitton - 808 JP, N-28-2003 TUE 02:23 PR J~JERICP, N FUNDING F~ lqO. P. 03 19412628594 AJ, ml ~ A1 : t'T. ga FEB EXECUTIVE SUMMARY R~2001-AR-1649, ROBERT L. DUANE, OF HOLE MONTES, INC., REPRESENTING CRAIG D. TIMMINS, TRUSTEE, REQUESTING A REZONE FROM RSF-3 TO C-1 FOR PROPERTY LOCATED SOUTH OF IMMOKALEE ROAD ON THE EAST SIDE OF VETERANS PARK DRIVE, IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of County Commissioners determine whether the requested rezone is consistent with the Collier County Growth Management Plan and Land Development Code and is in the best interest of the community. CONSIDERATIONS: The petitioner proposes a rezoning from the Residential Single-Family (RSF-3) zoning district to the Commercial Professional and General Office (C-I) zoning district for approximately 3.51 acres of undeveloped land. This petition was scheduled to be heard by the BCC on December 17, 2002. The petition was continued until the February 11, 2003 meeting so the petitioner and neighbors could meet. The parties met on January 27, 2003. No clear-cut resolution to the situation was reached at that meeting. An eight-foot strip of the property abuts Immokalee Road. The property continues south along Veterans' Park Drive, becoming wider as it extends southward. The buildable portion of the property abuts Southwind Estates subdivision and Southhampton PUD. The eastern boundary of the buildable site abuts a small waterbody known by several names, including the Cocohatchee River. Section 2.2.12 of the LDC (Commercial Professional and General Office District - C-l) states that the purpose and intent of the C-1 district is to allow a concentration of office type buildings and land uses that are compatible with, and located near, residential areas. In addition, the petitioner has lessened the intensity of the rezoning by voluntarily eliminating barber shops; beauty shops; shoe repair and shoeshine parlors; and individual and family social services from the list of permitted uses. Staff believes that the commercial uses proposed may be deemed consistent with the Future Land Use Element only if the BCC finds and interprets that these uses comply with the Office and Infill Commercial (OIC) Subdistrict. More particularly, the BCC would need to find that: I. It is appropriate or acceptable for the site to have only 8 feet of frontage o~ an arterial road (Immokalee Road) - while the developable portion of the site 750' south of that arterial road; and, FEB 1 1 2003 2. The adjacent tract in Surrey Place PUD - which permits institutional uses such as Assisted Living Facilities and nursing homes - constitutes "commercial zoning"; and, 3. Despite the previous use of the Office and Infill Commercial Subdistrict for the rezoning of the Veterans Park Commons PUD (in conjunction with the "I/4 mile support medical facilities" provision), the subject rezone petition does not constitute piggyback use of this OIC provision; and, 4. The two PUD properties to the west rezoned via the "1/4 mile support medical facilities" provision - which contain permitted uses that include physicians' offices, rehab centers, and pharmacies (mostly C-1 uses, drug store is a C-2 use) - constitute "commercial zoning"; and, 5. The proposed commercial uses will be compatible with surrounding land uses, both existing and permitted. The petitioner believes that proposed rezone meets these criteria. Staff believes the proposed rezone technically meets the criteria, but does not meet the intent of the OIC subdistrict. FISCAL IMPACT: This rezone by and of itself will have no fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be further developed. The mere fact that new development has been approved will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. The following impact fees will be applicable to this project: · Park Impact Fee: · Libraries Impact Fee: · Fire Impact Fee: · Road Impact Fee: · Correctional Facility: EMS Impact Fee: $578 $ 578 $180 $ 181 $0.30 per square foot under roof $ 9,000 $2,453.00 per 1,000 square feet $73,590 $1.3260 per square' foot $39,780 $299.00 per 1,000 square feet $ 8,970 The estimated total amount of impact fees for the proposed rezone is $132,099. It should be noted that because ':,mpact fees vary by type of commercial development, and because this approval does not provide this level of specificity as to the actual size and type of use, the total impact fees quoted above is at best raw estimates. Additionally, there is no guarantee that the project at build-out will have maximized their authorized level of development. Other fees will include building permit review fees and utility fee with connecting to the County's sewer and water system when required. Building per~ utility fees have traditionally offset the cost of administering the community developr i~fe san' FEB 1 process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad valorum tax rates. The revenue that will be generated depends on the value of the improvements. At this point in time staff has not developed a method to arrive at a reasonable estimate of tax revenue based on ad valorum tax rates. Nevertheless, development takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads that may have local geographic concurrency implications. GROWTH MANAGEMENT IMPACT: The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. The Urban - Mixed Use District allows a variety of institutional uses (e.g., church, day care, ALF), essential services, and recreation and open space uses. The Urban - Mixed Use District also contains the Office and In-fill Commercial Subdistrict (OIC). It states, in part: "The intent of this Subdistrict is to allow low intensity office commercial or in-fill commercial development on small parcels within the Urban - Mixed Use District located along arterial and collector roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate." And, "For purposes of this Subdistrict, "abuts" and "abuuing" excludes intervening public street ... except for an intervening local street." A detailed analysis of the proposed rezone's compatibility with the Office and Infill Commercial subdistrict of the Future Land Use Element of the Growth Management Plan can be found in the attached Planning Commission Staff Report. ENVIRONMENTAL ISSUES: Environmental review determined that a relocation management plan for gopher tortoises located on site is required. Also, a preserve shall be identified, which is adequate in size (1 acre or more) for the gopher tortoises and shall be in compliance with Section 3.11 of the Collier County Land Development Code (which may allow off-site relocation, if certain conditions are met). ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: An Environmental Impact Statement was not required for this parcel, because it did not meet the size · threshold. Therefore, the Environmental Advisory Council did not hear this petition. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on October 3, 2002. County staff, the petitioner and neighborhood residents were heard. The neighbors spoke in opposition to i[h,. stating that they bought their property based on the fact that the neighboring (subject) proplrty i[~oned ~,~ 1 3 I FEB 1 1 l residential. The subject parcel is shown on the plat for Southwind Estates, but is labeled "not a part of this plat". Neighbors at the hearing indicated that a replat had been shown to them, indicating a bridge across the waterway to proposed residential lots on the subject property. Staff has found no evidence that this replat was ever submitted to the County for review or recording. A motion was made by Commissioner Richardson, to recommend denial, based on the opinion that the rezone did not meet the five findings enumerated by staff. The motion failed, 3 to 6. A motion was then made by Commissioner Strain to forward the petition with a recommendation of approval, limiting the buildings to one-story with a maximum of 18 feet, and providing a sidewalk from Bethany Place to Veterans' Park Drive. His motion was based on the fact that Veterans' Park Drive is no longer a residential street, since the fire station and Veterans' Park have been built. In addition, the PUDs to the west will also contain non-residential uses. If the subject property were developed with residential uses, as currently zoned, he does not believe that this is compatible with the adjacent property. That motion to recommend approval of petition RZ-2001-AR-1649 with conditions was approved by a vote of 9 to 0. PLANNING SERVICES STAFF RECOMMENDATION: The proposed rezone may be consistent with the applicable provisions of the Growth Management Plan if the BCC finds in favor of the conditions included in the Growth Management Plan Consistency section of the attached CCPC staff report. Staff's analysis indicates that if the parcel were developed as a residential subdivision, under current zoning, it would be the only development with residential access off Veterans' Park Drive. Staff's analysis also indicates that the parcel technically meets the OIC requirement for frontage on an arterial road; however, the "buildable" portion of the site is 750 feet south of that arterial. Because the frontage along Immokalee Road is only eight linear feet (technically meeting the OIC requirement) Staff's analysis indicates that this does not meet the intent of the Office and Infill Commercial Subdistrict, which states "The intent of this Subdistrict is to allow low intensity office commercial or in-fill commercial development on small parcels within the Urban - Mixed Use District located along arterial and collector roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate". Therefore, Planning Services staff recommended that the Collier County Planning Commission forward Petition RZ-2001-AR-1649 to the Board of County Commissioners with a recommendation of denial. It is .staffs opinion that the petition technically meets the criteria for approval, but it does not meet the intent; however, if the BCC makes the five findings listed in the Analysis, the petition would be consistent with the Growth Management Plan and the Board could approve the petition, as proposed by the Planning Commission. FEB 11 ~?REPARED BY: F~EISCHL, AICP- P~IPAL PLANNER REVIEWED BY: SUSA~ MURRAY, AICP/J ' RRENT PLANNING MANAGER pMLAARGAI~T WI~RSNNIN6 SERVI cE~LDEI' AREIcCTPo R DATE DATE DATE APPROVED BY: C TY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR RZ-200 i -AR- ! 649 FEB 1 1 ~;~3 MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DEPARTMENT SEPTEMBER 12, 2002 PETITION: RZ-2001 -AR- 1649, EAST VETERANS PARK OWNER/AGENT: Agent: Owner: Petitioner: Robert L. Duane, AICP Hole Montes, Inc. 950 Encore Way Naples, Florida 34110 Virginia C. & George Visnich 429 Ridge Court Naples, FL 34108 Craig D. Timmons, Trustee Veterans' Office Park Trust 76 Caribbean Road Naples, FL 34108 REQUESTED ACTION: The petitioner wishes to rezone 3.51 acres from the Residential Single-Family (RSF-3) zoning district to the Commercial Professional and General Office (C- 1 ) zoning district GEOGRAPHIC LOCATION: The property is located on the east side of Veterans' Park Drive, south of lmmokalee Road. PURPOSE/DESCRIPTION OF PROJECT: The petitioner proposes a rezoning from the Residential Single-Family (RSF-3) zoning district to the Commercial Professional and General Office (C-l) zoning district for approximately 3.51 acres of undeveloped land. An eight-foot strip of the property abuts lmmokalee Road. The property continues south along Veterans' Park Drive, becoming wider as it extends southward. The buildable portion of the property abuts Southwind Estates subdivision and Southhampton PUD. The eastern boundary of the buildable site abuts a small waterbody known by several names, including the Cocohatchee River. SURROUNDING LAND USE AND ZONING: Subject Parcel: Surrounding: North: East: South: West: The site is undeveloped; zoned RSF-3 Single-family homes within the Southwind Estates subdivision; zoned RSF-3 and lmmokalee Road ROW Single-family homes within the Southwind Estates subdivision; zoned RSF-3 Tract 'T' (common area) of the Stonebridge subdivision; zoned Southampton PUD Veterans' Park Drive ROW, across which are the Veterans' Park Commons PUD and Northside Medical Plaza PUD The entrance to Veterans' Park is south of the property, along with the entrance to a North Naples Fire District station. GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. The Urban - Mixed Use District allows a variety of institutional uses (e.g., church, day care, ALF), essential services, and recreation and open space uses. As to residential development, review of the Density Rating System in the FLUE yields the site is eligible for 6 dwelling units per acre - unless the Affordable Housing density bonus is utilized, which could yield a maximum eligible density of 14 du/a. Base Density Traffic Congestion Area Residential lnfill bonus Eligible Density Affordable Housino bonus Maximum Total Eligible Density 4 du/a -1 du/a +3 du/a 6 du/a +8 du/a 14 du/a FEB 1 1 2003 The Urban - Mixed Use District also contains the Office and In-fill Commercial Subdistrict (OIC). It states, in part: ,The intent of this Subdistrict is to allow low intensity office commercial or in-fill commercial development on small parcels within the Urban - Mixed Use District located along arterial and collector roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate." And, "For purposes of this Subdistrict, "abuts" and "abutting" excludes intervening public street ... except for an intervening local street." OIC criteria are paraphrased below, followed by staff comments (in the Rezone application, the petitioner has also provided a response to these same criteria): a. site must abut an arterial or collector road [Immokalee Road is classified as a minor arterial in the Transportation Element - compliance with the plain reading of this criterion is met. However, it was never contemplated that a parcel would comply with this criterion due to such an unusual configuration (which, based upon submitted deeds, was not created to take advantage of the OIC). The primary reason for establishment of this Subdistrict was to provide some alternative use of properties that could be considered no longer suitable for residential development - with such a consideration being based upon nearby commercial uses, and the site's location abutting a major roadway with its attendant traffic impacts. The developable portion of the subject site is about 750' south of Immokalee Road.]; b. commercial use is limited to 12 acres, any excess acreage "is limited to an environmental conservation easement or open space" [The subject site comprises 3.51 acres.]; c. site must abut commercial zoning on one or both sides [Abutting lands to the east are zoned PUD, Surrey Place - the abutting tract is limited to institutional uses, e.g. ALF, nursing home; and RSF-3, Residential Single Family. Abutting lands (across Veterans Park Drive, a local street) to the west are zoned PUD - across from the narrow strip of the subject site is the Veteran's Park Commons PUD, approved pursuant to this same OIC provision and the "1/4 mile support medical facilities" provision in the FLUE (PUD permits mostly C-I uses); across from the developable portion of the site is the Northside Medical Plaza PUD, approved pursuant to the "1/4 mile support medical facilities" provision (PUD permits mostly C-1 uses). In the approval of the Veteran's Park Commons PUD, and its predecessor PUD, the BCC interpreted that the Surrey Place PUD tract abutting Veterans Park Drive - which is limited to institutional uses, e.g. ALF, nursing home - was "commercial zoning." The petitioner is requesting the BCC interpret that the Veteran's Park Commons and Northside Medical Plaza PUDs be considered "commercial zoning." This is discussed further below, under item "e."] d. depth of site cannot exceed depth of abutting commercial parcel(s) [The subjeci site and two abutting PUDs to the west are the same depth. The subject site would only comply with this criterion IF these 2 PUDs are deemed "commercial zoning." (Also, based upon previous BCC interpretation, the Surrey Place PUD is "commercial zoning" - its depth is about the same as the 8' strip portion of the subject site.)] FEB 1 1 2003. e. "project uses are limited to office or iow intensity commercial, except for land abutting commercial zoning on both sides, as provided for in (c) above, the project uses may include those of the highest intensity abutting commercial Zoning district" [The subject site abuts commercial to the east IF the BCC again interprets that the Surrey Place PUD is "commercial zoning" - staff's position is that, while we disagree with the original interpretation that Surrey Place PUD is commercial, the "fairness principle" dictates that this same interpretation be consistently .applied to the Surrey Place PUD as pertains to this OIC provision. The new interpretation requested by the petitioner, and of potentially greater consequence, is for the 2 PUDs to the west to be deemed "commercial zoning". Across Veterans Park Drive from the developable portion of the site, the Northside Medical Plaza PUD was approved under the "1/4 mile support medical facilities" provision in the FLUE. Across Veterans Park Drive from the narrow strip of the subject site, the Veterans Park Commons PUD was approved under both the "1/4 mile support medical facilities" provision and this same OIC provision. The "1/4 mile support medical facilities" provision is only applicable to properties within ¼ mile of a hospital or medical center, and allows for uses to support the hospital or medical center, including physicians' offices, medical clinics, rehabilitation centers, and pharmacies. Most of these uses are unquestionably commercial, in that most of them are only permitted in commercial zoning districts (most are C-1 permitted or provisional uses, pharmacy is a C-2 use). However, as noted, the uses are limited to medically related uses to support the nearby hospital or medical center - general offices, retail uses, personal services, etc. are not permitted under this provision. The "1/4 mile support medical facilities" provision makes no mention of these allowed medical uses being considered commercial uses, or not being considered commercial uses. The OIC provision only refers to "commercial" and "commercial zoning" - it makes no mention of allowing or prohibiting its applicability when abutting sites zoned pursuant to the "1/4 mile support medical facilities" provision. Staff's position is that it was never the intent of the FLUE to allow properties abutting these "1/4 mile support medical facilities" sites to then be eligible for a commercial rezone. Staff acknowledges that affirmation of the petitioner's requested interpretation would yield little opportunity, at present, for OIC rezone requests adjacent to sites rezoned via the "1/4 mile support medical facilities" provision, due to existing parcel configurations and zoning patterns - with the notable exception of the 12.8-acre Surrey Place PUD. However, staff's primary concern is that a precedent would be set that could have future implications regarding properties in vicinity of future hospital or medical center sites. Staff is aware that it was recently reported in the news that approval would be sought for a new hospital in the Naples area. This is the first time this issue - is property zoned via the "1/4 mile support medical facilities" provision deemed "commercial zoning"? - has arisen in a formal context, that is, through submittal of a petition (staff previously discussed this and came to the stated position as above). f. subject parcel was created prior to Oct. 28, 1997 [The deeds submitted with the petition den~onstrate the parcels existed as of 1990.] g. the project will be served by central water and sewer [County water and sewer is available to this site.] uses on surrounding properties" (also required by Policy 5.4) This analysis was done in the "Analysis" section of this staff report. "the project will be compatible with existing land uses and permitted future land FEB 1 1 2003 i. "for those sites that have existing commercial zoning abutting one side, commercial zoning used pursuant to this subsection shall only be applied one time to serve as a transitional use and will not be permitted to expand." [As noted above, the Veterans Park Commons PUD was approved, in part, via this OIC provision. However, since it is believed that neither staff nor BCC was aware of the existence of the 8' strip during the original rezoning of what is now the Veterans Park Commons PUD, staff again proposes that the "fairness principle" dictates that this should not preclude the applicability of this provision - that this site should not be viewed as "piggybacking" on the previous approval of the Veterans Park Commons PUD OIC approval. Therefore, the most substantive issue is whether the abutting No,side Medical Plaza PUD is deemed "commercial zoning" - if it is, then, arguably, the subject property is not "piggybacking" on the previous approval of the Veterans Park Commons PUD OIC approval. Further, this would result in the subject site abutting commercial zoning on both sides. As such, there would be no issue as to whether the proposed C-1 zoning, with certain use and development standard restrictions, constitutes a "transitional use" from the Northside Medical Plaza PUD to the west to the RSF-1 zoning to the east - the subject site would be eligible for "the project uses ... of the highest intensity abutting commercial zoning district." In staff's opinion, the proposed uses would be same or less intensity as the abutting PUDs.] j. a maximum of 250 acres may be rezoned utilizing this Subdistrict [To date, <90 acres have been rezoned utilizing this provision.] Regarding the stated intent of the OIC Subdistrict - "The intent of this Subdistrict is to allow low intensity office commercial or in-fill commercial development on small parcels within the Urban - Mixed Use District located along arterial and collector roadways where residential development, as allowed by the Density Rating System, ma~ not be compatible or appropriate" [emphasis added] - Comprehensive Planning staff is of the general opinion that a 6 du/a residential project could be deemed appropriate at this location, and could be deemed compatible with nearby residential, institutional, recreational, essential service, and low intensity commercial uses. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located in an area of historical and archaeological probability as referenced on the official Collier County Probability Map. However, a waiver has been granted from the requirement to submit a Historical/Archaeological Survey. EVALUATION FOR ENVIRONMENTAL~ TRANSPORTATION AND INFRASTRUCTURE: The proposed impact of this rezone on transportation, infrastructure, and the environment was reviewed by the applicable reviewing agencies and their comments have been incorporated into this Staff Report. FEB 1 1 20t)3 ANALYSIS: Section 2.2.12 of the LDC (Commercial Professional and General Office District - C-l) states that the purpose and intent of the C-I district is to allow a concentration of office type buildings and land uses that are compatible with, and located near, residential areas. In addition, the petitioner has lessened the intensity of the rezoning by voluntarily eliminating barber shops; beauty shops; shoe repair and shoeshine parlors; and individual and family social services from the list of permitted uses (the petitioner also eliminated automobile parking, however that was made a Conditional Use by a subsequent LDC amendment). The commercial uses proposed may ONLY be deemed consistent with the Future Land Use Element IF the BCC finds and interprets that these uses comply with the OIC Subdistrict. More particularly, the BCC would need to find that: 1.It is appropriate/acceptable for the site to only have 8 feet of frontage on an arterial road (Immokalee Road) - and that the developable portion of the site is 750' removed from that arterial road; AND, 2.The adjacent tract in Surrey Place PUD - which permits institutional uses such as ALF, nursing home - constitutes "commercial zoning"; AND, 3.Despite the previous use of the Office and Infill Commercial Subdistrict for the rezoning of the Veterans Park Commons PUD (in conjunction with the "1/4 mile support medical facilities" provision), the subject rezone petition does not constitute piggyback use of this OIC provision; AND, 4.The two PUD properties to the west rezoned via the "1/4 mile support medical facilities" provision - which contain permitted uses that include physicians' offices, rehab centers, and pharmacies (mostly C-1 uses, drug store is a C-2 use) - constitute "commercial zoning"; AND, 5.The proposed commercial uses will be compatible with surrounding land uses, both existing and permitted. The subject parcel directly abuts two residential subdivisions (Southampton and Stonebridge). There are no residential lots in Stonebridge closer than 500 feet to the subject site. The residential lots in Southwind Estates directly abut the subject site's property line, meandering along the creek. Veterans' Park Drive does not provide access for Southwind Estates (access is provided by Pamu Street). Veterans' Park Drive does provide access for Veterans' Park Commons PUD, Northside Medical Plaza PUD, Veterans' Park Center PUD (fire station), and Veterans' Park, all non-residential uses. Compatibility analysis, if these properties across the street were the sole factor, would favor a rezone to Col. However, the site is currently zoned RSF-3 and is adjacent to single-family homes, zoned RSF-3. If the subject parcel were zoned Agricultural, the adjacent homeowners might reasonably expect that the property would be rezoned in the future. However, the property is zoned Residential Single Family, creating a reasonable expectation that the property would be developed with single- family homes. Environmental review determined that a relocation management plan for gopher tortoises located on site is required. Also, a preserve shall be identified, which is adequate in size (I acre or more) for the gopher tortoises and shall be in compliance with Section 3.11, of the Collier County Land Development Code. This information is required at the time of the next development order submittal. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Environmental Advisory Council did not hear this petition because an Environmental Impact Statement (ELS) was not required. An ElS was not required because the property does not meet the size threshold. PLANNING SERVICES STAFF RECOMMENDATION: The proposed rezone may be consistent with the applicable provisions of the Growth Management Plan if the BCC finds in favor of the conditions included in the Growth Management Plan Consistency section of this staff report. Staff's analysis indicates that if the parcel were developed as a residential subdivision, under current zoning, it would be the only residential access off Veterans' Park Drive. Staff's analysis also indicates that the parcel technically meets the OIC requirement for frontage on an arterial road; however, the "buildable" portion of the site is 750 feet south of that arterial. Because the frontage along Immokalee Road is only eight linear feet (technically meeting the OIC requirement) Staff's analysis indicates that this does not meet the intent of the Office and Infill Commercial Subdistrict, which states "The intent of this Subdistrict is to allow low intensity office commercial or in-fill commercial development on small parcels within the Urban o Mixed Use District located along arterial and collector roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate". Therefore, Planning Services staff recommends that the Collier County Planning Commission forward Petition RZ-2001-AR-1649 to the Board of County Commissioners with a reconunendation of denial. It is staffs opinion that the petition does not meet the criteria for approval, however, if the BCC makes the five findings listed in the Analysis, the petition would be consistent with the Growth Management Plan and the Board could approve the petition. FEB 1 1 PREPARED BY: FRED REISCHL, AICP PRINCIPAL PLANNER REVIEWED BY: DATE SUSAN MURRAY, AICP CURRENT PLANNING MANAGER DATE MARGARET WUERSTLE, AICP PLANNING SERVICES DIRECTOR DATE APPROVED BY: JOSEPH K. SCHMITT DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DWISION ADMINISTRATOR Petition RZ-2001-AR- 1649 COLLIER COUNTY PLANNING COMMISSION: KENNETH L. ABERNATHY, CHAIRMAN g/current/re~schl/rezones/E Vet Pk/sta ffie~rt/RZ-2001 -AR- 1649 FEB 1 1 2003 PREPARED BY: PRINCIPAL PLANNER REVIE~VED BY: /~usAw MUmmY, A~CP CURRENT PLANNING MANAGER DATE DATE DATE APPROVED BY: :,o~ .~.~.~- .e./, :,/,, ~ ~~~o,,~ ,~ o~~ ~ s~.vic~s ~, ~'~sio~ .~ ~s~o ~ Petition ~-2001-~- 1~9 COLLAR CO~ PLUG CO~SSION: ~~ L. ~E~A , C~ ~~h~~~ 2~ 1 -~- 1 ~ 9 FEB 1 1 2003 REZONE FINDINGS PETITION RZ-2001-AR-1649 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. A complete analysis begins on page 2 of the attached Staff Report. 2. The existing land use pattern; Pro: Veterans' Park Commons PUD, Northside Medical Plaza PUD, Veterans' Park Center PUD (fire station), and Veterans' Park, all non-residential uses lie across Veterans' Park Drive. Con: The subject parcel is directly adjacent to Residential Single-Family zoning and is currently zoned Residential Single-Family. Summary Findings: The proposed land use is not consistent with the land use pattern in the area. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: Veterans' Park Commons PUD, Northside Medical Plaza PUD, Veterans' Park Center PUD (fire station), and Veterans' Park, all non-residential uses lie across Veterans' Park Drive. Con: The proposed commercial area will be across the street from non-residential uses, burt will be directly adjacent to single-family residential use. Summary Findings: The parcel will create an isolated .district unrelated to adjacent zoning districts, but compatible with nearby non-residential districts. FEB 1 1 2083 e e Whether existing district boundaries are .illogically drawn in relation to existing conditions on the property proposed for change. Pro: The proposed district boundaries would meander along the creek. Con: The existing district boundary runs along Veterans' Park Drive. Summary Findings: The current district boundaries are logically drawn, however; the proposed rezone would result in commercial zoning directly abutting single-family residential zoning. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The property owner believes that the property could best be utilized as an office building, as allowed by his reading of the Growth Management Plan. No other conditions have changed. Con: Evaluation not applicable. Summary Findings: Changing conditions have not resulted in the submittal of this amendment. This parcel has been within the Urban Area since 1989. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: The petitioner has proposed limiting the most intense land uses and has proposed no parking behind the building. Con: The subject property is zoned Residential Single Family, creating a reasonable expectation that the property would be developed with single-family homes. A rezone to commercial would adversely affect living conditions in the residential neighborhood. Summary Findings: The proposed rezone will have an impact on the neighborhood. · Residential zoning will be replaced by commercial. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. 2 10. Pro: The subject parcel has access off Veterans' Park Drive. All the other uses on that road are non-residential. Con: The creation of a commercial district where a residential district exists will increase traffic on Veterans' Park Drive. Summary Findings: Offices are usually low traffic-generators. However, they typically generate more traffic than single-family homes. Therefore, Veterans' Park Drive may experience a slight increase in traffic during morning and evening drive-time, compared with single-family homes. Whether the proposed change will create a drainage problem; Pro: The project will be required to obtain a permit from the South Florida Water Management District. Drainage problems will not be created when construction is done in accordance with the permit. Con: Evaluation not applicable. Summary Findings: The project will be required to obtain a permit from the South Florida Water Management District. Drainage problems will not be created when construction is done in accordance with the permit. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed office will be required to meet building setbacks and height restrictions. Con: Evaluation not applicable. Summary Findings: All projects in Collier County are subject to the development standards of the zoning district in which it is located. Therefore, the availability of light and air to the neighbors will not be affected. Whether the proposed change will adversely affect property values in the adjacent area; Pro: This rezone will eventually permit construction of an office with a Type "B" landscape buffer adjacent to a reside~.tial subdivision. Con: A single-family home adjacent to an office is generally considered not as desirable as one single-family home adjacent to another. 3 11. 12. 13. 14. Summary Findings: An appraisal of estimated future property values resulting from a rezone was not required to be,submitted. However, the elimination of residential zoning and the creation of an office adjacent to a residential neighborhood may negatively affect property values. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable. Summary Finding, s: Development of adjacent properties in accordance with existing regulations will not be affected since the single-family lots are currently improved. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro/Con: Evaluation not applicable. Summary Findings: If the Board makes the findings outlined in the staff report, the proposed rezone will be in compliance with the Growth Management Plan. If it is deemed consistent, the proposed change will not constitute a grant of special privilege. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; ProlCon: Evaluation not applicable. Summary Findings: The properly could be used under its current zoning. However, the petitioner wishes to utilize the Office and Infill Commercial Subdistrict to rezone the property for an office. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: If the Board makes the findings in the staff report, the proposed development will comply with the Growth Management Plan. Con: The change would allow commerci, al development to encroach into a n6ighborhood currently zoned residential. 15. 16. 17. Summary Finding, s: StaWs analysis indicates that the rezone is technically consistent with the Growth Management Plan, as amended; however staff believes that it does not meet the intent of the Office and Infill Commercial Subdistrict. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. Summary Findings: There are many similar parcels in the County. The petitioner wishes to utilize the Office and Infill Commercial Subdistrict to rezone the property for an office. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro/Con: Evaluation not applicable. Summary Findings: The subject property is undeveloped. While site conditions may restrict the location and square-footage of the offices, they would not render the property unusable. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable. Summary Findings: The rezoning of this property will eventually result in the creation of an office. The Site Development Plan will be reviewed for compliance with thc Levels of Service required for public facilities in the area. FEB 1 1 2003 September 23, 2002 Mr. Fred Reischl Collier County Planning Services 2800 N. Horseshoe Drive Naples, FL 34104 Re' East Veterans Park, Office Site Petition No. RZ-2001-AR- 1649 HM File No. 2001114 Dear Mr. Reischl: The following is an analysis of how the proposed East Veteran Park Office Site Rezoning Petition No. RZ-2001-AR-1649 may be found consistent with the Future Land Use Element ("FLUE") and, more particularly, with findings noted in the Staff Report that the Board of County Commissioners ("B.C.C.") must find for the proposed rezoning request to comply with the Office and Infill Commercial (O.I.C.) Subdistrict. The findings contained in the Staff Report are enumerated as follows: 1. It is appropriate/acceptable for the site to only have 8 feet of frontage on an arterial road (Immokalee Road) - and that the developable portion of the site is 750' removed from that arterial road; AND, Response: The site abuts an arterial roadway, Immokalee Road, with eight (8)feet of frontage along this roadway. The only access to the subject property is provided from Veterans Park Drive 750 feet south of Immokalee Road, and this roadway is used only by non-residential uses which include a fire station and county park. Non-residential traffic will further increase in the future with the development of the Northside Medical Plaza PUD and the Veterans Park Commons PUD, both of which allow commercial uses. Since the intent of the O.I.C. Subdistrict is to allow low intensity office or infill commercial development located on arterial or collector roadways where residential development may no longer be compatible or appropriate, the surrounding land use pattern on the west side of Veterans Parh Drive, combined with the non-residential traffic on Veterans Park Drive, make the subject property undesirable for residential use. Therefore, existing conditions have changed around the subject property since the RSF-3 zoning was initially approved. These changed conditions make the subject property more appropriate for commercial use even though it only has eight (8) feet of frontage on Immokalee Road and the developable portion of the hundred and fifty (750)feet south of lmmokalee Road. G:\CurrenfiReischlXRezones~E Vet Park\duane ltr.doc prope~ FEB 1.1 2003 2. The adjacent tract in Surrey Place PUD - which permits institutional uses such as ALF, nursing home - constitutes "commercial zoning"; AND, Response: The adjacent tract to the east of the subject property's eight (8) foot strip of land located at the northeast corner of Veterans Park Drive and Immokalee Road is the Surrey Place PUD. The Surrey Place PUD allows for an assisted living facility and bank and office uses which are currently constructed along the Immokalee Road frontage adjacent to the subject property with the bank/of_l'we building located further to the east. The Surrey Place PUD was previously considered by the B.C.C. to constitute commercial zoning for the application of the O.I.C. Subdistrict criteria on the northeast corner of Immokalee Road and Veterans Park Drive for the Veterans Park Commons PUD. Therefore, the subject property can be considered to abut non-residential/commercial use to the east based on the B.C.C. prior interpretation. The Staff Report notes that the "fairness principle" dictates that this same interpretation be consistently applied to the Surrey Place PUD as it pertains to the subject property. Should the B. C.C. make this interpretation the subject property would abut commercial zoning on two (2) sides, Le. to the east and west of the subject property, which would even further justify consistency with the O.I.C. Subdistrict, even though the O.I.C. Subdistrict only requires commercial zoning on one (1) side. 3. Despite the previous use of the Office and Infill Commercial Subdistrict for the rezoning of the Veterans Park Commons PUD (in conjunction with the "1/4 mile support medical facilities" provision), the subject rezone petition does not constitute piggyback use of the OIC provision; AND, Response: The subject property is not relying on "piggyback" use of the Veterans Park Commons PUD for establishing consistency with O.I.C. Subdistrict, which can only be applied one (1) time to serve as a transitional use. Rather, the subject property is relying on the approval of the Northside Medical Plaza PUD on the east side of Veterans Park Drive to establish consistency with the O.I.C. Subdistrict including the fact that it is adjacent to the Surrey Place PUD. Criteria of the O.I.C. Subdistrict limits project uses to office or low intensity commercial, except for land abutting commercial zoning on both sides which may include the highest abutting zoning district. Since the property abuts commercial zoning on two (2) sides, it is not "piggybacking" and can be found consistent with the O.I.C. Subdistrict. The proposed C-1 uses are st'milar in character lo nearby commercial uses. 4. The two PUD properties to the west rezoned via the "1/4 mile support medical facilities" provision - which contain permitted uses that include physicians' offices, rehab centers, and pharmacies (mostly C-1 uses, drug store is a C-2 use) - constitute "commercial zoning"; AND, G:\Current~ReischlLRezones~E Vet Park\duane Iix. doc Response: The abutting Northside Medical Plaza PUD can only be considered commercial zoning because this is what it is. The Growth Management Plan ("GMP") definition of commercial uses includes "activities within land areas which are predominantly connected with the performance of services". The Northside Medical Plaza PUD permits physician offices, medical clinics, treatment, research and rehabilitation centers, health services, pharmacies and other medical related uses which clearly constitute commercial uses. 5. The proposed commercial uses will be compatible with surrounding land uses, both existing and permitted. Response: The entire west side of Veterans Park Drive is developing with non-residential uses including a county park which generates upwards of one thousand (1,000) vehicle trips per day and a fire station which generates seventy-five (75) emergency vehicles trips per day. This is in addition to the Northside Medical Plaza PUD and Veterans Park Commons PUD yet to be developed. These considerations combined with the future use of Veterans Park Drive which will be solely used by non-residential traffic strongly justify future commercial use of the subject property and consistency with the O.I.C. Subdistrict. Furthermore, C-1 uses limited to two (2) stories, with limitations on parking prohibited to the rear of commercial structures, and separated from residential uses by the Cocohatchee River can be found to be compatible with nearby residential uses. Therefore, consistency can be established with this provision of the O.I.C. Subdistrict. Very truly yours, Hole Montes, Inc. Robert L. Duane, A.I.C.P. Planning Director RLD/mjr Cc: Tom Taylor Bruce Anderson Craig Timmins David Weeks Collier County Planning Commission G:\CurrentLReischl~Rezones~E Vet Park\duane Itr.doc FEB 1 1 2003 YOUNG, VAN ASSENDERP, VARNADOE & ANDERSON, P.A. ATTORNEYS AT LAW Telephone (239} 597-2814 Facsimile {239} 597-1060 SunTrust Building 801 Laurel Oak Drive Suite 300 Post Office Box 7907 Naples, Florida 34101-7907 OTHER OFFICE LOCATION: Gallie's Hall 225 South Adams Street, Suite 200 Post Office Box 1833 Tallahassee, Florida 32302-1833 Telephone (850J 222-7206 Facsimile (850) 561-6834 NAPLES Mr. Fred Reischl Collier County Planning Services 2800 N. Horseshoe Drive Naples, FL 34104 Re: East Veterans Park, Office Site Petition No. RZ-2001-AR- 1649 HM File No. 2001114 Dear Mr. Reischl: Robert Duane and I provided you with the Rezoning Petition No. RZ-2001-AR- 1649 a statement as to how the proposed rezoning request is consistent with the Growth Management Plan ("GMP") and the Office and Infill Commercial Subdistrict ("O.I.C."). This letter and analysis is in response to David Weeks' March 15, 2002 memo in which he concludes that the proposed uses may only be deemed consistent with the Future Land Use Element ("FLUE") if the Board of County Commissioners ("B.C.C.") finds and interprets that these uses comply with the O.I.C. Subdistrict and that the B.C.C. would need to make certain findings to approve such uses. The March 15 memo is unnecessarily complicated and obscures the plain language of the GMP on this subject. Foremost, one must remember the overall purpose of the Office and Infill Commercial subdistrict, which is to allow low intensity office commercial or infill commercial development on small parcels located along arterial or collector roadways where residential development may no longer be compatible or appropriate. The subject property abuts Immokalee Road, however, its only access to the subject property is from Veterans Park Drive, and no residential access or traffic exists on this roadway. On the ent~ side of this property abutting Veterans Park Drive (a local street) are strictly nonresidential Naples Fire District and County Emergency Medical Services station, a county regional par] commercial PUDs which allow medical office uses. Along Veterans Park Drive nonresidential uses generate an average of seventy-five public emergency vehicles per day ~ and from the County's regional park. This type of traffic, coupled with the sounds of' etv of the west ses: ~ :hem ~uttin~_ L t,i 903 ,hic]e$' siren /lL Mr. Fred Reischl September 16, 2002 Page 2 sounding at all hours of the day and night, together with traffic on this Drive which will be generated when the two commercial PUDs develop, leads to the only common sense conclusion, that residential development of the abutting three and a half acre parcel is neither compatible with the existing and approved nonresidential uses, nor appropriate. .It defies logic to question whether the medical office uses allowed in the two abutting PUDs are considered commercial zoning. What else would they be considered? Medical office uses are only allowed in the County's commercial zoning districts, not in any residential zoning districts. Further, the County's own GMP definition of "Commercial Uses" includes "activities within land areas which are predominately connected with the.., performance of services." The plain and simple fact is that the subject property meets the plain and simple requirements for the Office and Infill Commercial subdistrict, because it abuts on arterial roadway (albeit eight feet on Immokalee Road) and it abuts commercial zoning. Therefore, this petition is wholly consistent with the GMP. Sincerely, R. Bruce Anderson RBA/adb cc: Thomas M. Taylor Robert L. Duane David Weeks F:~sersLadm~\Wp9\TayiorLLtr to F. R¢ischl wilt~ Email letterhead.doc lFEB 1 1 ZOO3 October 1, 2002 Collier County planning Commission Naples, Florida 2002 Re: Petition: RZ-2001-AR- 1649, East Veteran's Park Dear Sirs, I am the owner of the East Veteran's Park property that is currently under consideration for rezoning. I am, and have been for many years, a taxpaying res/dent of conier County. I purchased this property several years.ago with the intention of building a residence for my mother-in-law, and had plans drawn for the home. She passed away before I could begin the construction. Later on, I considered it as a homesite for my wife and I. As I considered it further, I saw that it had too much traffic for a residence, and it seemed that all of the other land on the street was being considered for commercial development. In fact, I know of no other residential pieces of land on the whole street. It all seems to be commercial. I hired a real estate agent, over a year ago, from a prominent residential firm in Naples to find a buyer for my land. They received no interest or written offers from anyone interested in the property for a residence, or anything else relating to its current zoning. They found a prospective buyer who has agreed to buy the property, only if it can be rezoned for commercial use. There are also others interested in the property, but only if it can be rezoned for business use. / I am a veteran Army Air Corps pilot who served in World War Two. I am completely disabled, as.a result of the war. With the current zoning, there are no buyers. I really need to'sell .this piece ofi .and, as it is a hardship on me, both.. financially and emotionally, with its curreniresidential zoning. I would greatly appreciate any consideration you can give me in resolving this dilemma, and allowing the land to go to people who will put it to a good use. Sincerely, George W. Visnich HOLE MONTES 950 Encore Way - Naples, Florida 34110. Ph(me: 941.254.2000- Fax: 641.254.2099 October 23, 2001 Revised October 31, 2001 Mr. Fred Reischl Principal Planner Collier County Planning Services 2800 North Horseshoe Drive Naples, FL 34104 RT~-2001-AR-1649 EAST ~TERANS PARK OFFICE SITE PROJECT 02001100076 DATE: 10/24/01 DUE: 11/7/01 FRED REISCHL RE: East Veterans Park Office Site HM File No. 2001114 Dear'Mr. Reisehl: Please find enclosed 15 copies of an Application to Rezone ±3.512 acres from RSF-3 (residential) to C-1 (the Commercial Professional District). We held the pm-application meeting on September 27, 2001 and no notes were provided. The subject property is located in Section 26, Township 48 south, Range 25 East, South of Immokalee Road and on the east side of Veterans Parkway. A cheek in the amount of $2,202.75 is provided to process the petition. (See attached location map.) A) Background The subject property is presently vacant and located on the east side of Veterans Park Blvd. Access to the subject property is provided from Immokalee Road that currently has a flashing signal. Traffic cUrrently u~izing this roadway is for nonresidential uses including institutional uses. Utilities are readily available to support the proposed C-I use of the property. The property is irregularly shaped, and includes portions north and south of the Cocohatchee River with the majority of the land area located south of the Cocohatchee River. North of the Cocohatchee River, the subject property contains a parcel "C" comprising ±8,000 S.F. in area and 40 feet in width. This area abuts a single family home to the west. Also contained within the boundary of the subject property is an eight foot strip of land that hms the length of the property to the lmmokalee Road right-of-way. This eight foot strip of land currently precludes the extension of Bethany Place onto Veterans Park Blvd. W:L200 !~2001114~LDWR0 ! 1023.doc FEB 1 1 2003 Mr. Fred Reischl East Veterans Park Office Site HM File No. 2001114 Page 2 of 12 The subject property is predominately upland in character, with 2.55 acres of uplands and .96 acres of wetlands, located immediately adjacent to and including the river. Gopher tortoise burrows were also identified. See attached environmental assessment and boundary survey identifying the location of these features. (See attached environmental assessment.) l_.,~d Use and Zoning The subject property is separated from RSF-3 zoned land in Southwind Estates, which is a single family subdivision located on the north and east side of Cocohatchee River. South of the subject property is the South Hampton PUD which is a residential golf course community undergoing development. Portions of this PUD south of the subject property contain golf course and preserve areas, and no residential development immediately abuts the subject property in the South Hampton PUD. To the west of the subject property and to the south is Veterans Community Park. Immediately to the west of the subject property across Veterans Park Blvd. is the Northside Medical Plaza which permits medical uses and is vacant. The North Naples Fire Control District Center is located to the west of the Northside Medical Center in the Veterans Park Center PUD which also permits office uses. To the north of the Veterans Park Center and the Northside Medical Plaza is the Vetenms Park Commons PUD that permits office uses and is located in the south corner of the intersection of lmmokalee Road and Veterans Park Blvd. On the south comer of the intersection of _lmmokalee Road and Veterans Park Blvd. is the Surrey Place PUD that is developed with an Assisted Living Facility on western portions of the property and commercial use, the Gulf Coast Bank on eastern portions of this PUD, at the entrance to Southwind Estates. In summary, the emerging land use pattern along Veterans Park Blvd. is currently institutional in character with office and medical uses to come in the foreseeable future. The point being, the development of office uses on the subject property will not change the character of mflYic on the street, which is presently nonresidential. Therefore, the emerging nonresidential uses existinE and planned around the subject property to the west have influenced the petition for nonresidential use of the subject property. B) Collier County Growth M~nagement Plan The proposed C-1 uses for the subject property relies on the Office and Commercial lnfill SubdisUict of the Future Land Use Element to establish consistency with the Collier County Growth Management Plan. The intent of the Office and Commercial lnfill Subdistrict, as set forth in the Future Land Use Element, is to allow low intensity office, commercial or infill commercial parcels within the Urban-Mixed Use District, located along arterial and W:~.001~2001 ! 14q~D~FR011023.d~: FEB 1 1 21)03 Mr. Fred Reischi East Vetenms Park Office Site HM File No. 2001114 Page 3 of 12 where residential development, as allowed by the Density Rating System, may not be compatible or appropriate. Lower intensity office and commercial development attracts low traffic volumes on the abutting roadway(s) is generally compatible with nearby residential and commercial development. The criteria listed below must be met for any project utilizing this Subdistdct. (A response is provided under each of the criteria setforth below.) For purposes of this Subdis~ct, "abuts" and "abutting" excludes intervening public street, easement (other than utilities) or right-of-way, except for on intervening local street; and commercial refers to C-I through C-5 zoning di~hicts and commercial components of PUDs. C) Office and Commercial Subdistrict Criteria The subject site abuts a road classified as an arterial or collector as identified on the Five Year Future Traffic Circulation Map, as contained in the Traffic Circulation Sub-Element. Response The subject property as noted abuts lmmokalee Road, an arterial roadway with an eight foot strip that runs the length of the property. Therefore, consistency with this criteria can be established with frontage on Immokalee Road. bJ The site utiliT~ed for commercial use is 12 acres or less in size, and the balance of the property in excess of 12 acres, if any, is limited to an environmental conservation easement or open space; Response The subject property comprising $.512 acres is less than twelve acres which is the maximum size allowed in this Subdistrict. Therefore, consistency can be established with this criteria. The site abuts commercial zoning: (i) on one side and non-commercial zoning on the other side; or, (h3' on both sides; Response The site abuts commercial zoning on the west side of Veterans Park Road which is the Northside Medical Plaza PUD by this intervening local street. The basis for approval for these medical uses in the Northside Medical Plaza PUD was based on the fact that the Veterans located within one quarter of a mile of North Naples Community I-r''~''~"'l'.~ W:~2001~2001114~D~:R01102~.do~ FEB 1 1 2003 Mr. Fred Reischl East Veterans Park Office Site HM File No. 2001114 Page 4 of 12 facility. Therefore, limited C-I uses can be found to be consistent for the subject property with .the Growth Management Plan because it "abuts" commercial/medical zoning to the west. de The depth of the requested commercial does not exceed the depth of the abutting commercial parcel(s); The depth of the proposed commercial uses does not exceed the depth of commercial uses on the west side.of Veterans Park Blvd., in the Northside Medical Plaztr (See attached zoning map.) Project uses are limited to office or iow intensity commercial, except for land abutting commercial zoning on both sides, as provided for in (c) above, the project uses may include those of the highest intensity abutting commercial zoning district; Response Uses proposed for the subject property are limited to those uses permitted in the C-1 zoning district with limitations on uses as provided for in this application. The oj~ce uses permitted in this district are compatible with the medical related office uses permitted in the Northside Medical Plaza PUD. Uses in the C-I District are much less intensive than the C-2 through C-5 zoning districts which permit retail uses amongst other uses. L The parcel in question was not created to take advantage of this provision and was created prior to the adoption of this provision in the Growth Management Plan on October 28, 1997; Re~onse The parcel was not created to take advantage of the provisions of the Office and Infill Commercial Subdistrict including the eight feet of frontage along Immokalee Road. The attached deed shows the subject properties legal description has remained fundamentally in the same configuration since 1990 and more than likely prior to this period of time. At time of development, the project will be served by central public water and sewer; and The project can be readily serviced by sewer and water at the time of development. W:~O01~2001114'~,l.J~Ol IO~.doc FEB 1 1 Mr. Fred Reischl East Veterans Park Office Site HM File No. 2001114 Page 5 of 12 he The project will be compatible with existing land uses and permitted future land uses on surrounding properties. Response The project can be found to be compatible with nearby residential uses on the north side of the Cocohatchee River with provisions provided for in this petition and existing conditions currently in place. For example, the petitioner is volunt~ily limiting the height to a maximum of two stories or twenty-five feet. The C-I district permits a maximum height of three stories or thirty- five feet. The petitioner is also voluntarily placing a limitation on parcel "C" located on the northside of the Creek that it will be maintained in its natural state. It currently is well vegetated. This preservation of parcel "C" will screen and buffer the existing single family home located to the east of parcel "C" from Veterans Park Blv& and future parking. (See attached boundary survey.) To further promote compatibility between the proposed Col district and nearby residential uses, the following uses are voluntarily proposed to be deleted from the C-I district as it applies to the subject property. a. b. C. d. e. Barber shops (7241) Beauty Shops (7231) Shoe repair shops and shoeshine parlors (7250 .4ut, mobile parking (7521) Individual and family social services (8322) In summary, with the proposed limitations on uses, height, compatibility with nearby RSF-3 uses can be maintained with the proposed limited C-I uses. For those sites that have existing commercial zoning abutting one side, commercial zoning used pursuant to this subdivision shall only be applied one time to serve as a transitional use and will not be permitted to expand. Response The petitioner understands that the O~ce and Infill Subdistrict can only be applied one time at this locatior~ ds a practical matter, there are no opportunities to expand the Office and Infill Commerbial Subdistrict beyond this location on the east side of Veterans Park Blvtt based on surrounding uses, and development and ownership patterns that exist around the subject property. j. The maximum acreage eligible to be utilized for the Office and Infill Subdistriet within the Urban-Mixed Use District is 250 acres. W:~2001~2001114'~RLDWR01 ! 023.doc Mr. Fred Reischl East Veterans Park Office Site HM File No. 2001114 Page 6 of 12 There is sufficient land available in the Office and Infill Commercial Subdistrict to accommodate the proposed $.512 acres. For example, 80.5 acres have rezoned to date for uses permitted in Commercial and Office Infill Subdistrict and 5. 5 acres are pending. Special Considerations In addition to the above findings that support commercial development of the subject property for limited commercial uses, at our pre-application conference, the issue was raised as to whether the .Commercial OfiCice and. lnfill Criteria can be applied adjacent to medical facilities. The Future Land Use Element allow in the Urban area, within ¼ of a mile of existing or approved hospitals or medical centers, such uses which offer primary and urgent care such as, but are limited.to, North Collier Hospital. The Commercial Office and lnfi][l 'Subdistrict is applicable adjacent to medical facilities or any other commercial uses because no distinction is made in the Growth Management Plan between the type of commercial uses i.e., medical versus nonmedical commercial uses. It is a recognized legal principle that such ambiguities are usually construed in favor of the property owner. At the same pre-application meeting, Collier County Growth Management Staff member, David Weeks, requested that the potential be evaluated for additional medical uses around the North Collier Hospital and Cleveland Clinic to determine what potential there may be for additional medical facilities within ¼ of a mile of these facilities. This information was requested to aid County Staff in determining what additional medical facilities approved under the "1/4 mile provision" and the potential application for future Commercial Office and In/ill adjacent to such medical facilities. The conclusion of the analysis performed around the North Naples Community Hospital on lmmokalee Road is that Estates zoned properties north of the hospital appear to be the only land available for future medical use that could meet the one quarter mile locational requirements. Commercial/medical uses would not seem compatible with residential uses at this location. The Cleveland Clinic is located on Pine Ridge Road adjacent to the interchange with 1-75 and also could have the potential to support medical uses within ~A of a mile. However, based on the existing land use ~ around Cleveland Clinic, which is largely developed with residential uses in 'l:he Vineyards, there are no such opportunitie-, within this PUD for additional medical uses. However, there are some Estates zoned pwperties subject to the Golden C_mte Master Plan south of Pine Ridge Road and also on the west side of 1-75 that fall within the % mile radius but no provisions in the Golden Crate Master Plan are provided for such uses. Therefore, amendments would be needed to the Golden C-ate Master Plan to allow such uses. As a practical Therefore matter, the Estates zoned lots would require access through residential areas. ~re~ zoned lots in the general area, also do not appear suitable for medical uses at this I FEB 1 1 W:~2001~2001 ! 14~LD~FR011023.doc j~._ ~ Mr. Fred Reischl East Veterans Park Office Site HM File No. 2001114 Page 7 of 12 In summary, it appears, based on existing land use patterns around the North Naples Community Hospital and Cleveland Clinic, there seems to be limited opportunities to support any future medical zoning within ~ of a mile of these facilities. Therefore, there would be little or no precedent in establishing future Commercial and Office Infill sites vis a vi the application of the ¼ mile medical facility provision in the Future Land Use Element within the Urban area on surrounding properties based on this consideration. C) Collier County Rezoning Criteria The following criteria are set forth in Section 2.7.2.5. of the LDC to aid in a determination of the suitability of proposed rezonings. A response is provided as to how each criteria can be found consistent with this criteria. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. Response The proposed change can be found consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. 2. The existing land use pattern. Response The existing land use pattern is described previously in the text. Due to nonresidential uses currently developing and permitted on the west side of Veterans Parkway, the land use pattern emerging is nonresidential on Veterans Parkway. The possible creation of an isolated district unrelated to adjacent and nearby districts. Response The subject property has not resulted in the creation of an isolated district when evalUated in the context of nonresidential uses emerging on the west side of Veterans Parkway. As noted, all traffic on Yeterans Parkway is currently generated by institutional uses on the street i.e. Veterans Park and a fire station with future commercial uses planned in the immediate vicinity adding to this traffic. The Cocohatchee River also serves to provide a natural separation between residential uses to the north and east of the subject property providing for a natural separation between residential and nonresidential uses at this locatior~ i FEBl12003 W:~2001~2001114~LDWR011023.doc P~' ~ Mr. Fred Reischl ~ Veterans Pm'k Office Site HM File No. 2001114 Page 8 of 12 Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Response The proposed zoning district bour~d__~,~y is logically drawn based on existing conditions on the property including the natural separation established by the Cocohatchee River. The depth of commercial zoning does not extend beyond the depth of commercial uses approved on the west side of Veterans Parkway which are defined as abutting uses under the Commercial and Office Infill Subdistrict as set forth in the Future Land Use Element. Whether changed or changing conditions make the passage of the proposed amendment necessary. Re~onse Yes. The emerging nonresidential land use pattern on the west side of Veterans Parkway, and the future development of commercial uses along this roadway have changed conditions in the immediate area which now support limited future commercial uses, as allowed by the Commercial and Office Infill Criteria of the Future Land use Element. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Response The proposed change will not adversely influence living conditions 'in the area with limitations on uses and height provided for in this petitior~ Ofce uses unlike retail uses are of a character and nature where they can be found to be compatible with residential uses in the vicinity of the subject property. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Response Based on the T.I.$. provided with this zoning applicatior~ traffic impacts are not deemed to be significant nor will the project lower the level of service on any roadway, i~.~~ 8. Whether the proposed change will create a drainage problem. FEB 1 1 2003 - Mr. Fred R¢ischl East Veterans Park Offi~ Site ~ File No. 2001114 Page 9 of 12 Response The proposed C-I district has a positive ou~fall to the Cocohatchee River at this location and will not create a drainage problent 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Response The setbacks of the C-1 district combined with limitations on height will not seriously reduce light and air to nearby residential areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. Response Limited office uses, carefully planne~ screened and buffered from nearby residential uses at this location will not reduce property values in the general area unlike other types of commercial uses. Whether the proposed change will be a deterrent to the improvement, or development of adjacent property in accordance with existing regulations. Response' The proposed changes will not be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Response The property change will not constitute a grant of special privileges to the subject property because it can demonstrate compliance with the Growth Management Plan's Future land Use Element. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. W:~.001~2001114~LD~R01102~.doa FEB 1 1 2O03 Mr. Fred Reischl E~ Veterans Park Office Site I-IM File No. 2001114 Page 10 of 12 Re~o~e The property could be developed with residential uses, affordable housing, and Conditional Uses permitted in the RSF-3 district such as childcare center, churches and the like. Limited oJ~ce uses can be found compatible at this location as could those other uses. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. Response Proposed C-1 uses with limitations on uses, building height, and setbacks along with retainage of vegetation along the Cocohatchee River can be found to be in character with the needs and scale of the neighborhood and county. 15. Whether it is impossible to f'md other adequate sites in the county for the proposed use in districts already permitting such use. Re~onse It is not impossible to find other sites in the county to meet the needs of uses proposed in the C,1 district. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property useable for any of the range of potential uses under the proposed zoning classification. Re~onse The site has a limited amount of wetlands on the subject property and the degree of site alteration required for proposed limited office uses can be accommodated to make the property usable for the proposed range of uses. The majority of the wetlands will be preserved on the property with the exception of a small wetlands area on the southern portion of the property, which may be hnpacted depending upon permitting considerations. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance (Code eh. 106, art. H). as amended. W:'~?.001~2001114~RLD~UR011023.doc FEB 1 1 21)03 Mr. Fred Reischl Bast Veterans Park Office Site HM File No. 2001114 Page 11 of 12 Response Public facilities are adequate to support the needs of the proposed development including transportation facilities with the exception ofa portion of lmmokalee Road between U.S. 41 and Goodlette Frank Road 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. Response The petitioner will consider any further reasonable protection measures to protect the public, health, safety and welfare. D) Other Issues Based on the link specific services volumes for peak hour season-bi-direction to traffic, the links analyzed as part of the T.I.S. will not be significantly impacted because trip generation is less than five percent of the level "C" service volume. All roads within the Study area will operate at an acceptable level of service with the exception of lmmokalee Road from U.S. 41 to Croodlette Frank Road which will operate at service level "F" under 2005 background conditions. However, if this roadway were widened to a six lane facility, it would operate at an acceptable level of service. Therefore, the proposed zoning request may be found consistent with policy 5.1 and 5.2 of Traffic and Circulation Element of the Collier County Growth Management Plan, because impacts are not significant and the project will not lower the service level of affected roadways. (See attached T.I.S.) Environmental A request for a waiver from the requirement to prepare an Environmental Impact Statement (E.I.S.) is requested as part of this application. (See attached correspondence and environmental assessment~) E) Amheological Resources The subject property is not identified as having any archeological resources located on it based on the County's archeological maps "Area of HistoricaYArchaeological Probability". A site inspection by a qualified archeologist also found no such resources (see attached letter from Mar/on Almy of Archaeological Consultants Inc). ~.~O.4a~ll~ ~_~~ WA2001~2601114W, LDWR01 i 023.doc FEBi i. 1 2003 Mr. Fred Reischl East Veterans Park Office Site HM File No. 2001114 Page 12 of 12 F) Conclusion Based on the foregoing information, I trust you will find that the proposed request for limited C- I commercial uses for the subject property will be found in compliance with the Collier County Gro~ Management Plan and generally accepted planning principles and practices and applicable requiremen~ of the Collier County Land Development Code. Furthermore the proposed use may be found to be compatible at this location with the development standards proposed and existing conditions on and surrounding the property. Very truly yours, HOLE MONTES, INC. Robert L. Dmme, A.I.C.P. Planning Director RLD/dj Attachments W:12OOl12(JOl ! 14%RI, i~FR011023.doc FEB 1 1 21)1)3 November 20, 2002 Dear Collier County Board of Commissioners: At your November 5t~ meeting you heard discussion about a rezone application for the property behind our home in Southwind Estates. I have decided to send you this letter in case I cannot speak with each of you personally. I would like to revisit some of the issues that I would like you to consider before making your decisions and rebut some of the other information that was heard by either yourselves or the Planning Commission. Our major concern remains the loss of our property value. We believe that any rezone to C-1 would decrease the value 6f our home, and in direct proportion to the height of the buildings that are eventually built. We were surprised at the Board Meeting when the petitioners said that they agreed to the Planning Commission conditions for single-story buildings. The petitioners had told us, as late as the Friday afternoon before the Board Meeting, that they could not accept a ruling with a condition of one-story buildings as they were unable to "make the numbers work." Should we be forced to live with this C-1 rezone, single-story buildings would be much more palatable to us than two or three-story buildings in our backyard. But we are still concerned that a rezone to C-l, even with height restrictions, would just open the door to future rezone applications to increase the heights of the buildings. And our fear is that the subsequent rezone applications would be a "rubber stamp" if the property already had a commercial zoning that allowed 35 feet or three stories. At that point they will basically already have their foot in the door. We built our home with the 'knowledge that this disputed property was zoned RSF-3. But we believed we had a reasonable expectation that the zoning would remain as such. We thought there would eventually be single family homes built there. Had this property have been zoned agricultural we would not have had this degree of confidence. For example, the Board did allow the agricultural land to the west of Veterans Park Road to be rezoned to medical PUD's, as well as the construction of the fire station and training facility. I would like to remind the Board that our homes were already here and the Board felt that it was appropriate for our homes to be across Veterans Park Road fi.om those structures. Could the Board feel differently now when it pertains to Mr. Visnich's prope.rty? Mr. Taylor told the Board that Mr. Visnich would not stand to make a windfall from this rezone. This is somewhat true, as the bulk of the profit would be realized by the petitioners themselves. FEB 1 1 2003 November 20, 2002 Collier County Board of Commissioners Page 2 of 4 I would like to address my thoughts on the misinformation that was heard by the ~_.s_e_ ..n~U~o_n~ petitioners Planning Commission. I feel .that_.thes.e mi~srep ' were used to establish a position of sympathy from both me ~'lannmg ~onums~,u- ~, the Board. The have asked me what difference it made what Mr. Visnich paid for the land. I said, never thought about it or cared until he misrepresented it to the Planning Commission." It was only after the petitioner's council, Mr. Anderson, and Mr. Visnieh based the "necessity" of the rezone on this misinformation that it became an issue for me. And I would like to remind you that they were under oath. They said that the county had changed the circumstances of this property by add_ing Veterans Park and Veterans Park Road. They also state that Mr. Visnich had been forced to pay $$0,000.00 for this eight- foot strip of land as his property was landlocked, and he needed to get up to Immokalee Road. 'In truth, Mr. Visnich purchased the land three years after the road was already in and' Veterans Park had officially opened. And curiously, he purchased the eight-foot strip PRIOR to the purchase of the main parcel. In subsequent research and discussion with the petitioners, I do believe that Mr. Visnich's land really may have been cut off from Veterans Park Road by Mr. Pulling's grudge strip of 8 feet. However, he purchased it with that knowledge! And the deed says he paid $16,360.25 not $$0,000.00. So I do acknowledge that the circumstances of Mr. Visnich's property did change but not in the manner that they have represented. The Board did allow rezone of those agricultural properties on the West Side of Veterans Park Road for the medical PUD's and for the fire station and training facility. I again have to ask you, the Board, if it was appropriate for our home, which abuts his property, why is it not appropriate for Mr. Visnich's property? The petitioners have asked me if I don't believe that Mr. Visnich simply forgot when and what-he paid for the land. I do not, and I definitely do not feel that excuses Mr. Anderson, who was their representing council from his misrepresentations. The petitioners say they did not know any of this information. I say that they should have, as I got the original deeds from them, in their rezone application package, dated October 21, 2001. And they gave the packets to all of the homeowners at their first "voluntary meeting" ! Mr. Visnich also gave a letter to the Planning Commission that stated this property created a financial hardship for him. In reality, he owns property in Pine Ridge that is listed on the tax roll for approximately one million dollars. Mr. Visnich also "gave" two condos on Gulfshore Boulevard North to a Sam Visnich, but Mr. George Visnich's name remains on the deeds. Is there really a financial hardship here? Mr. Visnich also states in this letter that he couldn't sell this property. The real estate sign was not up on that property even a few weeks. None of these issues would be factors had he not used them to gain sympathy by writing this letter. November 20, 2002 Collier County Board of Commissioners P~ge 3 of 4 I do not believe that the petitioners can comply with 11 of the 18 Rezone Conditions. If they don't have to comply with the conditions to be eligible to have the property rezoned then why even have them? Why do they need to be addressed in the rezone application? Why do we pay county staff to review them? I did address my opinions on these eleven conditions that I do not believe that they meet, to the Planning Commission. Some were as follow: I believe that this cannot be the "intent" of the Growth Management Act, Rezone Condition #1. Even though the petitioners may technically be able to meet the criteria with much legal language and maneuvering. I do believe that our property values would be affected by ANY rezone to C-I, which is Rezone Condition #10, and asks whether property values in the adjacent areas will be seriously affected. The answer has to be, yes, and in direct proportion with the height of the buildings that are eventually approved. Rezone Condition #15 asks whether it is impossible to find other adequate sites in the county. A drive down Irnmokalee Road or even Veterans Park Road would easily answer this question, as there are many already constructed buildings that have numerous vacancies and there are also many other already rezoned properties for sale. One is exactly across Veterans Park Drive from the parcel in question. As to this property being unusable as it was originally zoned, Rezone Condition #13, I do not believe this is so. I think that you could berm the front edge of the property and it would be usable and even desirable as single family lots in a beautiful natural setting. The petitioners make the point that their entrance would be right on Veterans Park Road. I agree this may not be the ideal but it is possible. The Welch's home sits right on Veterans Park Road also and would actually be closer to the road than any single family residences inside the petitioners property would be. You must conclude that Mr. Visnich purchased this land with the knowledge that his entrance would be on Veterans ?ark Road. He even purchased the eight-foot strip PRIOR to the main parcel, to assure himself access to Veterans Park Road. Then Rezone Condition #8, addresses drainage, but the county refuses to consider it (South Florida Water Management permitting) until AFTER the property is ALREADY rezoned. This makes no sense! The county staff and planning department also recommend denial of this rezone application based on these conditions not being adequately met. As to complying with the Office and !nfill Commercial Subdistrict language, it says that you cannot "create" a parcel to take advantage of the requirement for frontage on an arterial artery. Mr. Anderson and the petitioners spoke with me after the last board meeting and told me that the eight foot piece of land "existed" prior to Mr. Visnich purchasing it, thccefore, he is in compliance with the rule, as he did not "create" it. I disagree .... I think that this parcel was "created" when he put the two pieces of property together (1990). Therefore it might be believed that it was "created" for those purposes as well as access for private or future commercial property. FEB 1 1 2003 November 20, 2002 Collier County Board of Commissioners Page 4 of 4 The voters of Collier County recently expressed their opinion as to their preference for more green space inside their county, even if they were to have their taxes raised. This piece of property is so near a park, on a natural tributary of the Cocohatchee River, contains so much native vegetation as well as numerous _~nimal species. We regularly see bobcats, foxes, otters, alligators, gopher tortoises and numerous species of birds. Is this a parcel that could be considered for Conservation Collier? It is my understanding that the Board will have the ultimate decision of what lands are eventually purchased with these monies. We again very much appreciate the opportunity to let you know our opinions. I am asking you to take a good look at this application. We would welcome the chance to show you the properties so you could better understand our position. Please call us or drop by anytime. We purchased and subsequently built our home with the knowledge that this disputed parcel was zoned RSF-3. We believed that we had a reasonable expectation that it would remain as such. The Board has made decisions to rezone several things to the west of Veterans Park Road but those parcels did not abut any single family homes nor were those parcels previously zoned RSF-3. It is our hope that the Board will choose to keep the East Side of Veterans Park Road residential and compatible with the adjoining properties. Our home is our major investment and any decrease in it's value is concerning to our family. Thank you for all your time and your service to our Teresa E. Jolly 1916 Bethany Place Naples, Florida 34109 239-566-1558 CCi Collier County Planning Commission Collier County Developmental Services Collier County Manager FEB 1 1 2003 EXHIBIT A : ZO P~tition No.: Commission District: Date Petition Received:. RZ-2001-AR-1649 PROJECT #2001100076 Planner Assigned: DATE: 10/24/01 FRED REISCHL ABOVE TO BE COMPLETED BY STAFF General InfoFmation: Namc of Applicant(s)_ Craig D. Timmtns_z Trustee Applicant's Mailing Addi~ss City Naples 76 En-c'r'tht~nr~ State Florida Zip 34~08 Applicant's Telephone # 514-3076 Fax # NsmeofAgent Robert L. Duane l;LrlXl Hole Montes, Inc. Agent's Mailing Addr.~__s City ' S~ ~ Agent' s Telephone # 950 Encore gay St~c_,~..~,~,.~..~ZiP 254-2000 Fax#_ 254-2099 Agent's E-MailAddress: BobDuane~holemont~a-com COLI3F.3t COUlqTY CO~ DgVELOPMEI~I' 2800 N. HORSESHOE DRIVE-N~ FL 34104 PHONE (941) 403-2400/FAX (941) 643-6~8 ) PA FEB 1 1 2003 Complete the following for all Association(s) affiliated with this petition. sheets if necessarY) (Provide additional Name of Homeowner Association: ~i~umm~~:L]d~g~l~ Mailing Address City Stste ~ Zip Name of Homoowner Association: Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City_ State Zip Name of Master Association: Mailing Address City State , Zip Name of Civic Association: Mailing Address City State Zip 2. Disc!osure of Interest Information:. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tennncy in common, or joint tennncy, list all parties with an ownm~hip interest as wen as the percentage of such interest. (Use additional sheets ifnecessary). Name and Addr~s Peroentage of ~P 629 Ridge CC. Naples~ YL 36108 pAFj~]~ 2 OF 16 If the property is owned by a CORPORATION, list thc officers and stockholders and the percentage of stock owned by each. Name and Address, Perccnlagc of Stock If the property is in thc name of a TRUSTEE, list the beneficiaries of the trust with thc pcav, entagc ofintercst. N~ ~ud Addl'~m~ Pt~rccntngc of tutm~st do If the property is in the name of a GENERAL or LIMITF~ PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Perc~ntng¢ of Ownership If tho'e is a CONTRACT FOR PURCHASE, with an individual or individuals, a' Corporation, Trustee, or a Partum'ship, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or parm,zrs. - Name andAdd~ss Crai~ D. Tt~ius Percentage of Ownenb~ 76 Ca~ribean Rd.. N,?I,~: ~1. 3~!0~ ~hris~ouher L. Allen 33.3Z 555 Hickor~ Rd., Naples, FL 34108 ThomAs M. Taylor 33.3~ 481Carica Rd., Naples, FL 34108 Dat~ of Contract:~ ApPL!C_4.TION IPOR !~m-~C l~~ &_urNG POi STA-ND-&-u~ ln~-T ~'rAql~ - 0ZtlS00 PAOE 3 FEB I ! 2003 If any contingemcY clau~ or contrsct roms involve sdditionsl parties, list ell individuals or officers, if a ~on, pmmer~hip, or trust. Name and Address Term of lease _____yrs./mos. g. Dat subj t s .qui I"'l _ _ Under Contract. Contract DaCe - Set)C, 20, 2001 If~ petitioner bas option to buy, indicate date of option: and date option terminates: , or anticipalod closing date ho Should shy changes of ownership or ch;mses in .c0~. ~ subsequent to the da~= of a~plics~on, but..pnor to tile hcar~, it is thc l'csporml'bility of thc a~pllC, al~t, or a supplemental disclosure of interest form. Detailed I--al descFi.tion of the uroue covered b the s iicati0 : (If space, is cq ...... _,____._,: ....r '"rod'~rrv mvolvco m c,~.. ,.~o~-, · district, mclu(l¢ Applicant shall submit four (4) copies oi. a recent survey (completed within thc last six months, maximum 1" to 400' scale) ii' required to do so at the pre-application mectin§. NOTE: Thc applicant is responsible i'or supplying the correct legal description. questions arise concemin~ thc legal description, an cn~incc['s certification or scaled survey may be required. Section: 26 .... Township: 48 South Rang¢:~ Block: Subdivision: Lot: _ Plat Book Pa~c #: Property I.D.#: 00166680102 Metes & Bounds Description: See enclosed survey irregular ~X Siu 6f property: Ada~s/eeneFsl Io,;stiZon of subject oroperty-' I~okalee Road east of Veterans Park Center 'PUD t fl. = Total Sq. Ft.' Acrcs.~3. 512 See Location Map. South of iPPLlClTIO~ FOR PUBLIC J~lunqG I~Ojt STil'~-i~un _ut~l)_ N~ - 02/J000 and Veterans park. PAGE ~djs_¢_A~t zoninu nnd hnd use: RSF-3 Single Family PUD Coif Course a~_d Residenelal D~v~l~n,,o~e RSF-3 Single Family PUD Medical, Fire StaCionmand Vacant Land Does tho owner of the subject property own M'opefly contiguous to thc subjcct property? If so, give complete legal dcscfipfion of entire oontiguous property. (If space is inadequate, attach on separate page). Section: N/A Towwhip: Range: Lot: Block: Subdivision: Plat Book Page #: Property I.D.#: Metes & Bounds Description: Rezone Request: This application is requesting a rezone from the zordng disuict (s) to ~c ¢-1 zoning disUict(s). Present Use of the Property: Vacan~ RSF-3 Proposed Usc (or ~.e of.us.m).of.the propexty:. ~ . - C-1 Districtt howevert some limitations uses. (See cover letter..) APPLICATION ~ l~t_nn-~C ~i~qlNG ~ gFIND,~I~ m~ --01/~ . · Evaluation Criteria: Purp.~t to Section 2.7.2.5. of th~ Collier County Land Development Code, staff's analysis and recommendation to th~ plmrmln~a C~mmlssio~ and the P~nning Commission's l-eComm~sufiOIl tO ~ Bol~d of County C.x)mminion~ shall be based upon oo~s!~,-ration of tim applicable critmia not~l below. Provide a FEB 1 I 2003 eAO]~ S C ]apl..a/.~.,L~ Rezone C. on~de~_ ation$ #.DC ~-tion 2. Z2.$.) policies and f~ure land ~e map and the el~m~nt~ o] ttw growth manag~m p · The wdsting land use pattern. Th~ possible creation of an isolated district unrelated w adjacent and nearby 4. WIwtker existing district boundari~ are illogically drawa ia relation to existing conditions on the property for the proposed change. $. Whether changed or changing conditions make the pa~age of the proposed amendment (rezone) necessary. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. 7. I~zhether the proposed change will create or excessively increase tra~ffic congestion or ereate types of tra. ffic deemed incompatible with ~urrounding land uses, because of peak volumes or projected types of vehicular tra~c, including activity during construction phases of the development, or otherv~e affect public safety. 8. Whether the proposed change will create a drainage problem. 9. Whether the proposed change will seriously reduce light and air to adjaaent areas. 10. Whether the proposed change will seriously affect property values in the adjacent 11. Whether the proposed change will be a deterrent to the improv~nent or development of adjacent property in accordance with existing regulations. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner ar contrasted with the public welfare~ 15.Whether there are ~ubstantial rearons why the property cannot be used in accordance w~t. h existing zoning. 14. Whether the change zugge,~ted iz out of $cale with the ~ of the neighborhood or theoounty. 15. ~Yt~,ther it is imposz'ible to find other adequate sites in the county for the proposed use in di~trict~ already permitting such m~ ~ Ii,FEB 1 I lO. ll. ] 6. The physical characteriatica of the prot~rty and the ~ ofaite alteration which would be required to make the property usable for any of the range of potential uses under the protn~d ~oning clamification. 17. The impact of development on the availability of adequate public facilities and at~,icea constatent with the leveJa of service adopted in the Collier County growth management plan and. us defined and implemented through the Collier County Adequate Public Facilitiea Ordinance [Code e.~ 106, art. II], at amended. 18. ,~uch other factora, smndarda, or criteria that the board of ~ounty commtmionera shah deem important in the protection of the public health, aaf~O,, and welfare. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many coznmnnities have adopted such restrictions. You may wish to contact the civic or property owners association in thc nrea for which this use is being requested in order to ascertain whether or not thc rCClUeSt is affected by existing deed restrictions. Previous Jand use petitions on the wubleet prouertv: To your knowledge, has a public hearing been held on this propcrty within the last year? If so, what was the nature of that besting? ~dditional Submittal requirements: In addition to this completed application, the following shall be submitted in order for'your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a. A copy of thc pre-application mccting notes; If this rezone is being requested for a specific use, provide fifteen (15) copies of a 24" x 36" conceptual site plan (16 copies if for affordable housing) [and one reduced 8½" x 11" copy of site plan], drawn to a maximum scale of I inch equals 400 feet, depicting the following [Additional copies of thc plan may bc requested upon completion of staff evaluation for distn'bution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed stmctur~ and thc dimensions th ..e~eof; . · provisions for ~ntisting and/or proposed ingress and cgress (incl-a,ng pedestrian i~gress and egress to the site and thc structure(s) on site), · all existing and/or proposed parkin~ and loading areas [include matrix indicating required and provided parking and loading, mclu&in~ required parking for the disabled], · proposed locations for utilities (as wen as location of existing utility m'vi~ to the site), proposed und/or existing landscaping and buffering as may be required County, by the FEB I ! cl. An P~vironmcntsl Impact Statement (BIS), as required by Section 3.8. of the Land Development Code (LDC), or a request for waiver if sppropriatc. e. Whether or not an BIS is required, two copies of a recent aerial photol~'aph, (taken _t..., ~. ~tt~d~ Said aerial shall identif~ plan~ ancot wuame namings mm m s'----,.ch Transpo~ation Land Usc Cover and Forms Classification. Sysmm: _A~lmuonauy: calculation and location(s) of the required portion o! nauve vcgetauon to oe preserved (per LDC Section 3.9.5.5.4.). f~. Stntement ofutility provisions (with nH required attachments and sketches); 9- A Tr~c Impact Statement (TIS), unless waived at the pre-application meeting; h. A historical and archeological survey or waiver application if property is located within an area of, historical or archaeological probability (as identified at pre- application meeting); i. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or £cdcral permits. APPLICATION I~OR PU~___-!C ltr~A_RING ]FOR ~TAN~- -~-~D FEB 1 1 20O3 PAOE 8 OF 16 TRAFFIC IMPACT STATEMENT frisk: A TIS is ~ unless waived at thc pre-application met. ting. The TIS required any be either a major or minor ss determined at th~ pro-application meclins. Please note thc following with regard to TIS submittals: MINOR TIS: _Generally required for rezone requests for propm~ less than 10 acres in size, although based an the intensity or unique chm~cter of a p,ztition, a major TIS may be required for petition often ~ or I~ss. A minor TIS shall fnclude tbe following: Trip 6enemtion: Annml Avaqe Dgly TrJffic (mt build-out) Peak Hour (AADT) Peak Se~on Dmly Traffic Peak Hour (PSDT) 2. Trip A~ignm~t: Within Radi~ ofDcvclopm~t lnfluenc~ ('RI)I) Existing Traffic: Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) 4. Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of scr~cc (LOS). 5. Any proposed improvements (In the sit~ or th~ extermfl fight-of-way) sur, h u prov~in~ or eliminating an ~egr~s point, or providing turn or decel braes or other improvemeuts. 6. D~$m-ibe any proposal to mitigate the negative impacts on the ~rampormfion ~yCten~ 7. For l~zon~ Only.' State how this requ~t is cozmisumt with the applicable policies of the Traffic Ciz~ulation Blmmm~ of the ~ l~,anagmn~nt Plan (OMP), including policies 1.3, 1.4, 4.4, 5.1,5.2, 7.2 and 7.3. A Major TIS shah address MI of the items Hated above (for a Minor TIS, and shall mbo include an analyd~ of the following: 3. Futu~ TrafFic 3'moufh Trufiic ~PPLICATION FOR PUBLIC u~U!NG FOR STANDAI[D Rr. Zt~E- 01;2000 PAGE 9 OF 16 ~RAFFIC IMFACT STATEMENT ~FIS~ STANDARDS: The following standards shall be used in priming a TL~ for submittal in conjun~ion with a I. Trip Generafion~ Provid~ tbe total tr~¢ get.rated b~ th~ proj~t for e~h link within the mgin~ principles. The ra~s published in the ~ ~uon of th~ ~n~titute of Transportation ~ 0TE) Trip Gcnewafion l~pofl shall bc used unless docummtation by the petitioner or the County justifies the use of altmxmfivc rates. 2. Trip Assienment: Provide a map depicting thc assignment to thc network, of those trips generated by the proposed project. The assignment shall bc made to all llnk~ within the RDI. Both annual averagc and peak seasonal tra~c should be depicted. 3. Existing Traffic.'. Provide a map depicting the cturm~t lraffic conditions on all ]~nlr~ within thc RDL Thc AADT, PSDT, and LOS shall be depicted for aH link~ within the RDI. 4. Level of Service (LOS): Thc LOS ora roadway shall be expressed in tm-ms of thc applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of the GMP. 5. ~Radlus of Development Influence (RDI): Thc TIS shall cover thc least of thc following two arca~: a) an area as set forth below; or, b) the area in which traffic assignments from thc proposed project on thc major thoroughfares exceeds one p~t of thc LOS "C". Distance Residential 5 lVliles or as required by DRI Other (commercial, industrial, institutional, etc.) 0- 49, 999 Sq. Ft. 50,000 - 99, 999 Sq. Ft- 100,000 - 199, 999 Sq. Ft.' 200,000 - 399, 999 Sq. Ft. 2 Miles 3 Miles · d Miles 5 Miles 5 Miles In describing thc RDI the TIS shall provide the measurmnent in road miles from the proposed project rather than a geometric radius. ~ntersection ~Analvsis: An intersecfiun analysis'is required for all intersections within thc RDI where the sum of the peak-hour critical lane volume is projected to exceed 1,200 APPLICATION ~ l~c ~EARING Vehicles Per Hour (VPH). ~ t~m FEB 1 1 2003 PAGE 10OF 6 pg. 5~ 10. 11. ,~Uaround Trtftlc: Tho effects of previously approved ?? undewloped or partially ~J .... _ .......... :__ thorou~hf'~ withlw t~tO RDI of th~ propose~l dcvoloocd projecm wmcn may m3cc~ maju~ _e~--~. .... ~, --:-.-~-, in nmiec~ ~ bc provide~L This infozmafion shall be dap1 .~.ea on a m~p or, mt~u,~--,~, --- s listing of those proJeCtS and their respective clm-acter~t~ Future Trsmc: An csfim~ ortho efl~s of'U'edifiomd incrus-- i~...tr~.c .r~..tin~ f~o,m ....... '---ant shall be --~vided. Potcnti~l d~volopment m that winch n~y ac po~vlm o~v~iupu,~u r .... . ~ the · ~,,~,ed nmxim~v under tho affective Future Lsnd Us~ Blemont (FL_UE) . . . ..... r-- - This estimate simil be for ti~ projeC~ea Collier County L~..D~.?opm.~nt Code. - ......... '~-~ottmtial development sre_)~ within the projects RDL A map or us~ o! suca mmm w~m p~ traffic impact calculations shall be provided. Throuab TFamc: At a minimum, ~ in .flu, ou .~..tr~c desirable to include sny additional documentation ~stlmafion ss wcll. Piann,-,4~roDosed Roadway ImprovementS: All proposed or plain...ed ro ~ac!..way~ _. ~mpro~nents located within the RDI should be identified. A description ox me mnmng commitments shall also be included. Pro_iect Phasing-: When a project plmsing schedule is dc-pendent upon proposed roadway improvements, a phasing schedule may be /ncluded as part of the TIS. If thc tra/'fic impacts of a project are mitigated throush a phasing schedule, such a phasinE schedule may be made a condition of any approval. TIS FORA( RViYRJM 10/17/97 ArrL!~4TION FO~ !~m~ ]C Jy~- ~_U_qNG FOR STAND-~--u~ .uw_~ ~q_ E - 82/Z000 FEB 1 1 2(103 PAGE 11 OF 16 STATEA4~-NT OF UT~.~F~ PROVISIONS FOR ST~ND,4_~Pn RF~-ONE REOUEST NAME OF APPLICANT: MAn-lNG ADDRESS: Naples, Crai~ D. Ttmm4ns, Trustee 76 Carribean Road STATE ZIP34108 ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): I,RGAL DESCRIPTION: Section: 26 Township: 48 Soui:h Lot:_ Block: .~ Subdivision: Pint Book Page #: Metes & Bounds Description: Range: 25 East Property I.D.#: 00166680102 See Enclosed Survey TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Cheek applicable system): co~ UTILITY SYSTE~d [~ b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PACKAGE TREATMENT PLANT O [2 (GPD capacity) ~. SEPTIC SYSTEM [-'] TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILFI'Y SYSTEM c. FRAN~SED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (W~I..L) 7. TOTAL POPULATION TO BE SERVED: 30,000 ApIq. ICATION FOR PU!JLIC .l~mVNO PORSTAl~__~urrur~ON~-S~7~000 Sq. Fi:. 0 0 PAGE 13 OF 16 PEAK AND AVERAGE D.~I'LY DEMANDS: A. WATER-PEAK 6.00O CPD AVERAGE DAILY B. SEWER-PEAK 6,000 GPD AVERAGE D~-~Y 3.000 GPD 3.000 IF PROPOSING TO BE CONNECTED TO COLIAER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE 15 EXPEND TO BE REQUIRED: 2/02 . 10. NARRATIVE STATEMENT: Provid~ a brief and tortoise narrative statement and schamatic drawing of sowage treatment process to be used ns well as a specific statm~ent regarding the m~thod of effluent and sludge disposal If percolation ponds arom be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional m~-ecr. 11. COLLIER COUNTY I~ILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service syste~ written notarized statement shall be provided agreeing to dedicate to Collier County Utilities thc water distribution and sewage collection facilities withim the project area upon completion o£thc construction of these facilities in accordance with all applicable County ordinanc~ in effect at thc at tim~ This statement shall also include an agreement that thc applicable system d~vclopment charges and connection foes will be paid to the County Utilities Division prior to the issuance of building permits by thc County. If applicable, thc statement shall contain shall contain an agreement to dedicate the appropriate utility casements for serving thc water and sewer systems. 12. STATEMENT OF AVAH.ABILITY CAPACITY FROM OTUF~R PROVIDERS: Unless waived or othe~'wise provided for at the pre-application me~'ting, if thc project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall bc provided. Utili~ Providon 8tat~a~t BJM 10/17/~7 API~CATION FOR PUBLIC HEARING ]vOR ~TANDARD Rr~TA~ - 0~000 PAOE 14 OF 16 STANDARD REZONE APPLICATION SUBMITTAL CI:H CKLIST THIS COMPLETED CHE~T IS TO BE 8UBM]'ITED *WITH APPLICATION REQUIREMENTS COPIF.,S REQUIRED REQUIRED 1. Completed Application IS* X 2. Copy of Deed(s) and list identifying OwneF(s) and all 2* x Fa~ners ff a Corporation 3. Completed Owner/Agent Affidavit, Notarized 2* x 4. Pre. apPlication notes/minutes 1S* S. Conceptual Site Plans 6. EnviFonmental Impact Statement- (F. iS) 4 N/A 7. Ae~n! Photograph - (with habitat arena ideni~%ed) 5' X 8. Completed Utility Provisions Statement (with Fequi~ed 4 a~nchments and sk~¢hes) X 9. Trtffic Impact Statement- (l'lS) 4 X 10. HistoFical & Archaeological Survey or Waiver 4 X Application il. Copies of State and/or FedeFsl Permits 4 12. Architectural RendeFing of PFoposed Structure(s) 4 13. Application Fee, Data Conversion Fee, Check shall be - made payable to Collier County Board of Commiee_!oners X 14. OtheF Requirements - * Document~ repined for Lon~-Rsnge Planning 1~ ,ew t~dt in thf~ delay of proce~_~_-~ng llLis Pefititm- Agent/Applicant Signature APPLICATION FOR PLmL~C I~.~_U~NG FOR STAND~Un'-RIZZONE- LWI000 PAC~E 15 OF lUilU/Ul W~D 1~:35 FAX 941 254 2098 HOLE MONTES ~002 ditclasure of tntmr~t Information. all #lastduw. data. and otln~ ~ntt~l~wntary mattwr attaclt~l to and mad~ a Inert of t~i~ appltaaUo~ ar~ homart and ~ru~ to tl~ l~wt of our Imowi~ and W~II ~u~u~ ~ ~ i~fo~u~on re~u~ o~ t~ al~~n mu~t be ~ompl~te a~d ~d aR ~~ l~o~on ~ ~ ~~. ~P~ m~ W~~~.~rt L. ~ane .to act ~ ~/~ ~r~~ in ~ ~ ~~ t~ P~o~ ~ignatu~ of Proi~rty Owner ~p,~l or Prlnt~! Nanut of Owner 20~. / · ~ ~who U rer~onally~mown to me or iuu ORDINANCE NO. 03 - AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8526N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED SOUTH OF IMMOKALEE ROAD (C.R. 846) ON THE EAST SIDE OF VETERANS PARKWAY, IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, FROM RSF-3 TO C-l; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert L. Duane, AICP, of Hole Momes, Inc., representing Craig D. Tim_mina, Trustee, of the Veterans' Office Park Trust, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the real property as more particularly described by Exhibit "A", attached hereto and incorporated by reference herein, and located in Section 26, Township 48 South, Range 25 East, Collier County, Florida, is changed fi.om RSF-3 to C-l, and the Official Zoning Atlas Map numbered 8526N, as described in Ordinance 91-102, the Collier County Land Development Code is hereby amended accordingly. The herein described real property is the same for which the rezone is hereby approved subject to the stipulations in Exhibit "B". SECTION TWO' This Ordinance shall become effective upon filing with the Department of State. FEB 1 1 2003 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAmMAN Approved as to Form and Legal Sufficiency Assistant County Attorney F~-2001 -AR- 1 ~.g/Fl~lo FEB 1 RZ-2001-AR-1649 LEGAL DESCRIFFION FEB 1 1 2003 RZ-2001-AR-1649 aF, ZONE CONDmONS 1) Building height shall be one story with a maximum of 18 feet. 2) A Type "D" Landsca~ Buffer, eight feet in width, shall be indicated on the Site De. velopment Plan. The buffer shall be~n at the Immohl~ Road prope.,W line and continue south to the Cocoba~h~_ - River. 3) The following uses, generally permitte~ in the C-1 Zoning District, shall not be permitted on the parcel of property that is subject to the rezone. Taey are: barbershops (group 7241); beauty shops (group 7231); shoe repair ~ops and shoeshine parlor~ (group 7251); individual and family social servic~ (group 8322). 4) Parking lots at the rear of strucuu~ abutting the Cocohatchee River are prohibited. , A Type "B" Landscape Buffer along the Cocohatchee River shall be indicated on the Site Development Plan. The buffer, shall incorporate the existing native vegetation. 6) A wall shall not be required along the Cocohatchee River. 7) A sidewalk, six feet in width, connecting Bethany Place to Veterans' Park Drive through the buffer required in condition 2, shall be indicated on the Site Development Plan. F~HIHIT'~" FEB 1 1 2003 INTEGRA Monday, February 03, 2003 Mr. Robert L. Duane Hole Montes, Inc. 950 Encore Way Naples, FL 34110 RE: East Veterans Park Office Site Dear Mr. Duane, Per your request I have inspected the above referenced property and reviewed the documentation regarding the current and proposed land use issues associated with said property. The purpose of my review was to determine what impacts the proposed change in land use would have upon the adjacent residential development (Southwind Estates) and particularly those properties located along Bethany Place. It is my understanding that the intended use is in conjunction with the proposed land use change from RSF-3 to C~ 1, Commercial (restricted). The effective date of consultation and report is February 3rd, 2003. I inspected the subject property and surrounding neighborhood on danuary 3 1st, 2003. Based on my review of the neighborhood and the proposed land use change I have reached the following conclusions. In my professional opinion there will be no negative impacts on property values to the adjacent residential properties located in Southwind Estates along the north side of the Horse Creek. I have arrived at this conclusion based on the existing site conditions and the land use restrictions associated with the proposed land use change. These include limiting the maximum building height to one (1) story, not to exceed eighteen (18} feet; use restrictions applied to the property to exclude several typical uses associated with the C-i, Commercial land use designation; parking restrictions that would not allow for parking to the rear of the structures abutting Horse Creek; the inclusion of a "B" type landscape buffer adjacent to and along Horse Creek; restrictions associated with both direction of exterior lighting and timing of interior lighting; the exclusion of access from Veterans Park Drive to Bethany Place; and the preservation of a forty-eight (48) foot parcel Veterans Park Drive and Southwind Estates (south of Bethany LOCAL EXPERTISE...NATIONALLY 4795 Enterprise Avenue · Naples, Florida 34104 FEB 1 1 2883 Phone: 239-643-6888 · Fax: 239-643-6871 · Emaih naples@irr.com EAST VETERANS PARK OFFICE SITE, CONT~D The current land use designation is RSF-3, single family residential. Considering the commercial nature of the surrounding properties located to the west of the subject property and the current non-residential traffic patterns (including emergency vehicle access), single family development is not considered viable. To the north of the property is Surrey Place, an Assisted Living Facility. To the west of Surrey Place and across Veterans Park Drive and located along the northern bank of Horse Creek, is the Veterans Park Commons PUD. This property is currently being developed. The first building is the Anchor Health Center and will be two (2) stories and contain 14,947 square .feet of building area. The second phase is currently is set for development' of two (2) three story buildings that will be 24,590 square feet each. To the west of the subject property along the south bank of Horse Creek is the Northside Medical Plaza PUD. Northside Medical Plaza is scheduled for development of approximately 38,000 square feet of medical and medical related uses up to three (3) stories in height. Adjacent and to the west of Medical Plaza PUD is the North Naples Fire Control Center. This essential services facility utilizes Veterans Park Drive for emergency egress. This facility is also utilized for training exercises and houses a high-rise training tower. To the south is Veterans Park, a Collier County Public Recreational Park. Considering these factors, a single family residential use is questionable and such a use would be neither marketable nor viable. According to Collier County Planning the property is capable of attaining a residential multi-family designation in accordance with the Comprehensive Plan, Future Land Use Element. Collier County Planning Staff has indicated that the property can achieve a minimum density of six (6) units per acre for a total of twenty-one (21) multi-family residences. The maximum density achievable would be associated with affordable housing element of the Comprehensive Plan. The density could be as high as fourteen (14) units per acre for a total of forty-nine (49) multi-family residences. This type of use is considered reasonable given the property's proximity to support services, i.e. North Naples Hospital, Veterans Park, commercial retail shopping and employment centers, etc. A multi-family residential use would necessitate a two (2) and most probably a three (3) story development in order to maximize density and maintain open space and set back requirements. Multi-family development would most certainly plan the site such that the rear of the resii:iential units would take advantage of the natural winding creek views. Such a use would be more intrusive to the peace and quiet currently enjoyed by the adjacent properties located along Horse Creek in Southwind Estates. Multi-family development would also be desirous of access to Bethany Place for ingress and egress from Veterans Park Drive and lmmokalee Road. This would increase traffic in the Southwinql Estates community. There is no residential development along V, itera~rr~ Park Drive. However, there is a single residential property located at tq[~_ lh FEn 11 2003 P,GE 2 OF 3 ?. EAST VETERANS PARK OFFICE SITE, CONT'D current end of Bethany Place that abuts the forty-eight (48) foot strip of land associated with the subject property. At the present time this property is well buffered from Veterans Park Drive. The proposed land use change to C-I, Commercial (with restrictions) is preferable to and more consistent with surrounding land uses than a potential multi- family residential development. In conclusion it is my opinion that the proposed land use change to C-l, commercial (with restrictions) will not diminish the residential property values of the adjacent Southwind Estates properties along Bethany Place. To the contrary, the proposed land use is a more acceptable use with regard to the logical transition from residential to those commercial uses already approved and/or developed along Veterans Park Drive. The only other use considered appropriate would be multi-family residential. The prospect of a multi-story, multi-family residential project on the property would pose much more of a concern with regard to maintaining the quiet enjoyment of the adjacent residential properties located within the Southwind Estates subdivision. If you have any questions or wish to discuss this matter in detail please let me know. PAGE 3 OF 3 FEB i 1' 21 3 EXECUTIVE SUMMARY PETITION NO. CP-2000-6, GROWTH MANAGEMENT PLAN AMENDMENTS FOR THE IMMOKALEE ROAD/COLLIER BOULEVARD AREA (HERITAGE BAY DEVELOPMENT OF REGIONAL IMPACT) TO ESTABLISH THE "URBAN-RURAL FRINGE TRANSITION ZONE OVERLAY" FOR SECTIONS 13, 14, 23, 24, T48S, R26E, COLLIER COUNTY FLORIDA BY: AMENDING THE FUTURE LAND USE ELEMENT AND MAP SERIES; AMENDING THE SANITARY SEWER SUB- ELEMENT OF THE PUBLIC FACILITIES ELEMENT; AMENDING THE POTABLE WATER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT; AMENDING THE WATER & SEWER SERVICE BOUNDARY MAP OF THE PUBLIC FACILITIES ELEMENT; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE. (ADOPTION HEARING- DRI - RELATED AMENDMENT) OBJECTIVE: For the Board to consider a petition seeking to amend the Future Land Use Element and Future Land Use Map by: 1) Establishing the "Urban-Rural Fringe Transition Overlay" to encompass Sections 23, 13, 14, and 24, Township 48 South, Range 26 East; consisting of approximately 2,562 acres; 2) Amending the Future Land Use Map (FLUM) to show the area affected by the Overlay; and 3) Amending the Sanitary Sewer and Potable Water Sub-Elements of the Public Facilities Element to allow County sewer and water systems to serve the project. The petitioner has proposed a revised water and sewer district boundary map to accompany the changes to the sub- elements. Staff notes that the Rural Fringe Amendments also include the three Agricultural/Rural Sections in a "Rural Transition Water and Sewer District". CONSIDERATIONS: · Chapter 163, F.S., provides for an amendment process for the adopted Collier County Growth Management Plan. · Resolution 97-431 provides for a public petition process to amend the Plan. · Chapter 380.06(6)(b), F.S., provides that Plan Amendments related to Developments of Regional Impact (DRIs) are not subject to "statutory or local ordinance limits on the frequency of consideration of amendments to the local comprehensive plan. · The CCPC held their adoption hearing on February 6, 2003. Time did not allow the CCPC recommendations to be included in the Executive Summary. Therefore, the Official CCPC recommendations will be provided to the Board of County Commissioners, under separate cover, prior to the BCC meeting. · This transmittal hearing considers amendments to the following Elements of the Plan: o Future Land Use Element o Sanitary Sewer Sub-Element of the Public Facilities Element o Potable Water Sub-Element of the Public Facilities Element. FEB I 1 2003 FISCAL IMPACT: There is no fiscal impact. AGENT/PETITIONER: Agent: C. Laurence Keesey Young, van Assenderp, Varnadoe & Anderson, P.A. 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 Petitioner: David Key, AICP Regional Vice President, U.S Home Corporation 10491 Six Mile Cypress Fort Myers, FL 33912 GEOGRAPHIC LOCATION: The subject property, containing approximately 2,562 acres, is located in the northeast quadrant of the intersection of Immokalee Road (CR-846) and the future Collier Boulevard (CR-951) Extension, approximately 3 miles east of 1-75. The subject property is comprised of all of Sections 13, 14, 23 & 24, less the south 100 feet of Sections 23 & 24, Township 48 South, and Range 26 East. (Please see Attachment I - Location Map) PROPOSED AMENDMENTS: Petition No. CP-2000-6 seeks to amend the Future Land Use Element and Future Land Use Map by: 1) Establishing the "Urban-Rural Fringe Transition Overlay" to encompass Sections 23, 13, 14, and 24, Township 48 South, Range 26 East; consisting of approximately 2,562 acres; 2) Amending the Future Land Use Map (FLUM) to show the area affected by the Overlay; and 3) Amending the Sanitary Sewer and Potable Water Sub-Elements of the Public Facilities Element to allow County sewer and water systems to serve the project. The Petitioner has proposed a revised water and sewer district boundary map to accompany the changes to the sub-elements. Staff notes that the Rural Fringe Amendments also include the three Agricultural/Rural Sections in a "Rural Transition Water and Sewer District". The proposed map amendments are to the Future Land Use Map and map series, and to the Water and Sewer District Boundary Map. The proposed text amendments are as follows: FUTURE LAND USE ELEMENT Policy 1:5: [added text: page 11] Overlays and Special Features shall include: A. Area of Critical State Concern Overlay B. Areas of Environmental Concern Overlay C. Airport Noise Overlay D. Rural Lands Stewardship Area Overlay E. BayshoreJGateway Triangle Redevelopment Overlay FEB 1 1 2003 F. Urban-Rural Fringe Transition Zone Overlay VI. OVERLAYS AND SPECIAL FEATURES E. URBAN-RURAL FRINGE TRANSITION ZONE OVERLAY [new text, page 77] Sections 13, 14, 23, and 24, Township 48 South, Range 26 East consisting of +2,562 acres which overlap the Urban and Agricultural/Rural boundary line, north of the intersection of Immokalee Road and County Road 951, are under common ownership and through comprehensive planning may resolve potential local land use conflicts and provide for the realization of unique regional environmental opportunities. Among the causes of potential land use conflicts are the abrupt transitionless switch from urban densities (4+ units per acre) in Section 23 to rural densities (1 unit per 5 acres) in Sections 13, 14 and 24, and the continuation of earth mining in an increasingly urbanized residential area. Under existing permits from the U.S. Army Corps of Engineers (USACOE) and Florida Department of Environmental Protection, a total of +1,700 acres in these four Sections have been or may be mined. Sections 13, 14 and 24 in the Agricultural/Rural Area contain large wetland areas in the north, which are contiguous to wetlands proposed for the Cocohatchee West Flow-way and slated for acquisition by the Corkscrew Regional Ecosystem Watershed (CREW) Trust. These wetland areas extend in a contiguous fashion south into Section 23 in the Urban Area, in close proximity to the Mixed Use Activity Center quadrant designated within this Section. To resolve potential land use conflicts and protect environmental resources, an Urban- Rural Transition Zone Overlay is created which encompasses all four sections, and all development proposed within the Overlay area shall comply with the following performance standards: Approximately 533 acres of wetlands, which exist on the property, are currently in a conservation easement. An additional 300 acres of wetlands will be placed in a conservation easement status. Together these 830 + acres of wetlands have the potential to be connected to wetland sites off-site thereby providing an environmental and wildlife corridor connection. Native vegetation or other natural areas (inclusive of conservation areas) shall cover a minimum of 40% of the gross land area (or its equivalent off-site) exclusive of existing rock quarries. Seventy percent (70%) of the gross land area of the property shall be devoted to open space, including but not limited to, lakes (including existing rock quarries), golf courses and conservation areas. To the greatest extent practical, the existing rock quarries shall be in into the regional water management system and utilized to accomr passing through of off-site water flows and may be used for recreational orpol~/'s~rr~,., odal~l~the ¥ [~ purposes. FEB 1 1 2003 o The property shall connect to the County's regional water and wastewater facilities, which exist at the southwest comer of the property at the intersection of Immokalee Road and County Road 951, which regional service area is expanded to include all of the property. The maximum number of residential units on the entire Heritage Bay property shall not exceed 3,450 (not including 200 ALF units). This number may be allocated and developed among all of the Sections, in conformance with the environmental preservation requirements referenced in sub-paragraph 1, above, and shall be clustered, in order to achieve conformance with the other performance standards applicable to this Overlay. Development of the property shall be designed to encourage internal vehicle trip capture by providing commercial and recreational uses and shall provide for pedestrian and bicyclist access to internal community recreation and convenience retail centers. Internal project roadways shall be connected and shall provide access to the Activity Center located in the southwest comer of the property. Commercial activities are limited to a total of 40 acres within the Activity Center located at the northeast quadrant of the intersection of Collier Boulevard and Immokalee Road and three "Village Centers" totaling approximately 26 acres within the residential part of Heritage Bay. The Activity Center commercial uses will include a maximum of 150,000 square feet of retail uses and 50,000 square feet of office uses. The Village Center commercial uses will include a maximum of 10,000 square feet of retail uses, 10,000 square feet of restaurant uses, 5,000 square feet of marina related retail uses, and 5,000 square feet of office uses. For golf course(s) located in Sections 13, 14, and 24, for each five (5) gross acres of land area utilized as part of the golf course(s) ("golf course" shall include the club house area, rough, fairways, greens, and lakes internal to the golf course boundary, but excludes any area dedicated as a conservation area, which is non- irrigated and retained in a natural state) one (1) transfer of development right (TDR) credit shall be acquired from areas identified by the County as "Sending Lands". In the event that construction of approved golf course(s) commences in Sections 13, 14 or 24 prior to the effective date of the County's applicable TDR program, the developer shall provide, in a manner and form acceptable to the County, finance assurances to guarantee sufficient funds to purchase the necessa~ number of TDR credits for golf courses. The funds guaranteed by the developer or paid to the County for the golf course TDR credits shall be equal to the required number of TDRs multiplied by the estimated value of a TDR as established by the applicable County TDR program. If such program is not in existence at the time of payment as set forth below, then the amount shall be as set forth in the Final Report by Dr. James C. Nicholas, dated November 23, 2001. 4 If the construction of approved golf course(s) commences in Section 13, 14, or 24 prior to the effective date of the County's applicable TDR program, then the developer shall be required to acquire the appropriate TDR credits for golf course(s) within 90 days following implementation of the County's TDR program. In the event that an applicable TDR program has not been implemented by the County and is not effective within thirty-six {36) months from the adoption date of this plan amendment, then funds guaranteed by the developer or held by the County for the transfer of development right credits for golf course(s) pursuant to this paragraph shall be released or refunded to the developer and the requirements of this paragraph 9 shall be null and void. Attachment II shows the proposed amendment to the Future Land Use Map (FLUM) to delineate the "Urban-Rural Fringe Transition Zone Overlay". The proposed text change to the Sanitary Sewer Sub-Element of the Public Facilities Element is as follows: POLICY 1.5.1: [added text: page SS-7] Discourage urban sprawl by permitting universal availability of central sanitary sewer systems only: in the Designated Urban-Rural Fringe Transition Zone Overlay and Urban Area of the Future Land Use Element of this Plan, and in Towns, Villages, Hamlets, and Compact Rural Developments within the Rural Lands Stewardship Area Overlay, These areas are further identified as: within the Collier County Water and Sewer District Boundaries on Map PW-1 of the Potable Water Sub-element, except the outlying urban areas of Immokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; within the Rural Lands Stewardship Area Overlay, as each Town, Village, Hamlet and Compact Rural Development is designated; and, in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. The proposed text change to the Potable Water Sub-Element of the Public Facilities Element is as follows: POLICY 1.5.1: [added text: page PW-7] Discourage urban sprawl by permitting universal availability of central potable water systems only: in the Designated Urban-Rural Fringe Transition Zone Overlay and Urban Area of the Future Land Use Element of this Plan, and in Towns, Villages, Hamlets, and Compact Rural Developments within the Rural Lands Stewardship Area Overlay. These areas are further identified as: within the Collier County Water and Sewer District Boundaries on Map PW-1 of the Potable Water Sub-element, except the outlying urban areas of Immokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; within the Rural Lands Stewardship Area Overlay, as each Town, Village, Hamlet and Compact Rural Development is designated; and, in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. _ FEB 1_ 1 20(13 Attachment HI shows the proposed changes to the County Sewer and Water District Boundary. PURPOSE/DESCRIPTION OF PROJECT The purpose of the proposed changes is to allow for development of the Heritage Bay Planned Unit Development (P.U.D.)/Development of Regional Impact (DRI). The proposed development is to consist of 3,450 residential units (of all types, plus 200 Assisted Living Units), 175,000 square feet of retail space, and 55,000 square feet of office space, plus amenities, all on 2,562 acres. SURROUNDING LAND USE, ZONING AND FUTURE LAND USE DESIGNATION Subject Site: Approximately 66.5% of the site is disturbed land that is either impacted by the ongoing rock quarry operation or could be so impacted. Most of Section 23 is designated Urban, Urban-Mixed Use District, and Urban Residential Subdistrict. However, a portion of this Section, in the northwest comer of the Immokalee Road/Collier Boulevard intersection, is designated Urban-Commercial District, and is within Activity Center #3. Also, most of Section 23 is in the residential density band surrounding the Activity Center. Sections 13, 14 and 24 are designated Agricultural/Rural, and are within the Agricultural/Rural Mixed Use District, and are also within the County's designated "Rural Fringe" area. Currently, all four Sections are under the ownership of Florida Rock Corporation. All four sections are zoned "A-Rural Agricultural" with a conditional use permit for mining activities. Under the existing FLUE designation, the urban portion of the property that is inside the Activity Center (40 acres) could be developed as either commercial or high density residential, up to 16 units per acre. High density residential (up to 7 units per acre) could also be developed on the portion of the property inside the density band (471 acres), and lower density residential (4 units per acre on 137 acres) could be developed outside the density band. The balance of the property (1,922 acres) could be developed as residential property at 1 unit per 5 acres (subject to the dictates of the Administration Commission's Final Order). If residential development of the property were approved at the highest allowable densities, the FLUE designations would currently allow the construction of 4,741 residential units (the Petitioner's estimate of 4,767 is in error) on the entire site. However, subject to the County's proposed Rural Fringe Amendments, the currently designated Rural Agricultural portion of the site would become a "Receiving Area", in which higher residential densities would be allowed based upon purchase of Transfer of Development Rights (TDR) Credits from designated off-site "Sending Areas". Under such conditions, even more dense residential development would be allowed. Surrounding Lands North -Property to the north is designated Agricultural/Rural, and is within the Agricultural/Rural Mixed Use District and is undeveloped. This property is within the County's designated "Rural Fringe" area. This area is zoned "A-Rural Agricultural". All of Section 11 and most of Section 12 are within Natural Resource Protection Areas (NRPAs) and Sending Areas under the proposed Rural Fringe Amendn ;.-:t:.. ~~3[ 6 FEB 1 1 2003 i ~. ~ _ Sections are also within the Corkscrew Regional Ecosystem Watershed (CREW) Trust purchase area. East - Immediately adjacent to the Heritage Bay property on the east are the Bonita Bay East Golf Course and undeveloped property. This area is within the Agricultural/Rural Mixed Use District, and is also within the County's designated "Rural Fringe" area, and is also subject to the Final Order and is part of the proposed Rural Fringe Amendments. Beyond Bonita Bay is the developing Twin Eagles Golf & Country Club. These lands are zoned "A-Rural Agricultural". Portions of these two developments are also within the CREW NRPA. South-Lands to the south, across lmmokalee Road are zoned "A-Rural Agricultural" and currently contain a nursery, driving range and undeveloped property. Section 26 is within the Urban Area and has designations similar to those described for Section 23, above. In Section 25, also across Immokalee Road, there is an approved conditional use permit for a golf course ("Grand Land") development of which appears to have begun. This area is designated Agricultural Rural, and Agricultural/Rural Mixed Use District. The proposed Rural Fringe Amendments designate Section 25 as a TDR Receiving Area. West - Lands to the west, across the designated right-of-way for the Collier Boulevard/CR-951 Extension (and in Section 22), are designated Urban and have sub-designations similar to those described for Section 23. All of these lands are zoned "A-Rural Agricultural". Section 22 currently contains a nursery and undeveloped property. North of Section 22, Section 15 is currently within the Agricultural/Rural designation, and the Agricultural/Rural Mixed Use District. The proposed Rural Fringe Amendments designate this property as "Neutral". This designation means that this area is not subject to the TDR process, and that residential development is allowed at a density of I unit per 5 acres. The undeveloped property in this section is part of an approved 799-unit residential/golf course community, known as Mirasol. Across the intersection, to the southwest of Heritage Bay is the ongoing Pebblebrook Lakes Development, which includes the shopping center located at Immokalee Road and Collier Boulevard. STAFF ANALYSIS Environmental Impacts Approximately 840.7 acres (32.8%)of the site contain various types of native vegetation associations, including both wetland and upland vegetation. The Petitioner is proposing to preserve all of these areas. Environmental surveys of the property were conducted in 1994, 1999 and 2000. The following protected species were observed onsite: American alligator (Florida Species of Special Concern) Gopher tortoise (Florida Species of Special Concern) Little blue heron (Florida Species of Special Concern) Tricolored heron (Florida Species of Special Concern) Wood stork (State and Federally Endangered) 7 FEB 1 1 2003 Snowy egret (Florida Species of Special Concern) White ibis (Florida Species of Special Concern) Butterfly orchid (Florida Commercially Exploited) Wild-coco (State Threatened) Reflexed wild-pine (State Threatened) The proposed preservation areas should provide necessary habitat for these species. There are no wellfields on the subject property. Effect on High Range Population Projections Pursuant to CIE Policy 1.1.2, a significant impact in population is a potential increase in countywide population by > 3%. The proposed development has the potential to generate approximately 7,107 residents. Assuming this population to consist entirely of new residents, the resulting County population increase would be approximately 2.8%, based upon 2000 Census data. Thus, under Policy 1.1.2, the project would not create a significant population increase. Public Facilities Impacts This project includes both residential and commercial development. Accordingly, there could be increased impacts upon the County's parks and recreation facilities. However, approximately 1,800 acres of the development will consist of lakes, preserves, recreational facilities, open space, golf courses and buffer areas. Additionally, the project includes a 15,000 square foot recreation center. To some extent, use of these facilities by residents and guests of the development will limit impacts upon County facilities. Potable water and sanitary sewer service will be provided by Collier County Public Utilities. The projected potable water demand for Heritage Bay, at buildout, is approximately 1.38 million gallons per day. The projected wastewater treatment demand is also 1.38 million gallons per day. County sewer and water mains are currently located near the intersection of CR-951 and CR-846, and will be extended into the project area once the Rural Fringe Amendments become effective. The project's estimated demands were used by the County Utilities Department in its planning process for the planned extension. The Heritage Bay Development includes part of a proposed regional surface water flowway, to be known as the Cocohatchee Flowway that will serve to reduce flooding and improve hydrology in southern Dee and northern Collier Counties. The Flowway splits into two major arms just north of Heritage Bay. The Heritage Bay Development will include a portion of the Cocohatchee West Flowway. This is the same flowway associated with the Mirasol Development to the west of Heritage Bay. existing quarry lakes, plus additional lakes, to provide required water quality st¢ Lakes and wetlands will also provide quantity storage volumes. Runoff will b these areas via a system of culverts and swales, and via sheetflow. This project will likely increase the amount of land area devoted to stormwater management purposes in northern Collier County. The proposed stormwater management plan will utilize the 'age volumes. FEB 1 1 2003 This project is currently undergoing a development of regional impact (DRI) review. State improvements to 1-75, currently scheduled for 2008, will address some of the project's impacts. The Petitioner has also recommended that Livingston Road be widened to six lanes, between Radio Road and Immokalee Road, and to four lanes north of Immokalee Road, to serve as an alternate route for 1-75. A number of other transportation improvements will likely be required by this project. These include improvements to the 1-75 ramps at Immokalee Road, the intersection of Immokalee Road and Oakes Boulevard, the intersection of Immokalee Road and Collier Boulevard, improvements associated with project entrances on Immokalee Road, the Collier Boulevard/Vanderbilt Beach Road intersection, and the intersection of Collier Boulevard and Golden Gate Boulevard. It is worth noting that the proposed amendment actually reduces the potential number of units in this area from that which could be built in this area under current Plan designations. This factor may act to prevent future road impacts from being as bad as they might have been, without the proposed amendment. Prior to project buildout in 2009, Collier Boulevard, between Vanderbilt Beach Road and Immokalee Road will require widening to 4 lanes. Further improvements will be required for the intersections mentioned above, as well. The companion DRI Development Order for this plan amendment will include specific provisions designed to mitigate transportation impacts. Such provisions will include specific road and intersection improvements, the timing of such improvements (by years and/or phases of the development), and monies to be paid by the Petitioner for such improvements. At buildout, Heritage Bay is expected to generate a solid waste disposal demand of 56.8 cubic yards (or 17 tons) per day. The Waste Management Corporation, which currently conducts solid waste hauling services in Collier County, is the expected solid waste service provider for the project. APPROPRIATENESS OF CHANGE/ISSUES: As indicated by the Petitioner, the proposed residential development plan (containing 3,450 residential units) is significantly less than the 4,741 (once again, the Petitioner's estimate of 4,767 appears to be in error) units that could be approved under provisions within the current Future Land Use Element. However, it is not necessarily true that the Board of County Commissioners would approve the entire 4,741 units, or that all of these units would be built if approved. By under'going a separate amendment process ~':rom the Rural Fringe Amendments, and thus having a fixed number of units spread across the four sections of the project utilizing density blending, the Petitioner will be removing themselves from the Transfer of Development Rights (TDR) process described within the Rural Fringe Amendments. The development of Heritage Bay will not require TDR credits except for the development of golf courses. While this factor could significantly lessen the development potential of this area, it may also im ~act the demand within the receiving area for TDR Credits. However, County staff has evaluatec 'tins li~lg~ff~L ,., believes that it will likely be negated by the number of TDR credits retained in ti se~ng areas 9 FEB I I 21)03 as onsite homes. In other words, because "sending" residents will not sell all of the potential credits, Heritage Bay is not likely to have a significant impact on the ability of the receiving areas to absorb TDR credits. Prior to transmittal, the Collier County Planning Commission (CCPC) recommended (and the Board adopted) a requirement that golf courses within the "Rural Fringe" portion of the Heritage Bay DRI be required to purchase TDR credits, as per requirements for golf courses in "Receiving" areas, as stated in the proposed Rural Fringe Amendments. This added language resulted in one of the objections originally included on the DCA ORC Report (see below). The specific language recommended by the CCPC is shown below, in the section regarding the DCA Objections. In proposing to spread the allotted residential units across the entire subject property, the Petitioner has essentially copied the "density blending" provisions contained within the Rural Fringe Amendments. In this regard, it is worth noting that the Petitioner and its consultants frequently attended Meetings of the County's Rural Fringe Oversight Advisory Committee and also attended most public hearings and staff presentations related to the proposed Rural Fringe Amendments, providing considerable input thereby. This factor accounts for many of the similarities between the two proposals. In the DRI Master Development Plan (Map H of the DRI Application) and accompanying text, the Petitioner indicated that the project would be divided into three "villages" or "towns", each containing a "Community Club/Town Center." In describing the Community Club/Town Centers (within the DRI Application), the Petitioner indicated that these areas would be designed to be consistent with the County's "PUD/Neighborhood Village" criteria. However, the Town Centers (as presented within the DRI Application) were initially inconsistent with the PUD/Neighborhood Village criteria, because the current County FLUE limits applicability of PUD/Neighborhood Villages to the Urban Area. In order to correct this inconsistency, the Petitioner proposed additional language that did not directly reference the Urban Area (see above). Commercial Demand Analysis: The subject site is within the Corkscrew Planning Community, and is close to both the Urban Estates Planning Community and the Rural Estates Planning Community. A commercial demand analysis is being conducted as part of the concurrent DRI review process. The project is proposing to construct 175,000 square feet of retail space, and 55,000 square feet of office space. COLLIER COUNTY PLANNING COMMISSION TRANSMITTAL RECOMMENDATIONS: The Collier County Planning Commission (CCPC) reviewed the proposed amendments on July 19, 2002, at a continuation of the regularly scheduled July 18, 2002 meeting. recommended unanimously (vote: 6/0) that the BCC approve Petition CP-20004 for Transmittal to the Florida Department of Community Affairs, subject to certa: 10 The CCPC as submitted, FEB 1 I 2003 These recommendations have been incorporated into the draft amendment language shown on pages 2, 3, and 4. Most significantly, the Collier County Planning Commission recommended that the project be required to purchase transfer of development rights credits from Rural Fringe Sending Lands for the construction of any golf courses within the Rural Fringe portion of the development. The Rural Fringe amendments exclude this TDR purchase requirement when density blending is utilized. This stipulation is included as Item #8 within the draft amendment language (page 4 of this Staff Report). For reference, it is also included below: For golf course(s) on Rural Fringe Mixed Use District Receiving Lands (Sections 13, 14, and 24), for each five (5) gross acres of land area utilized as part of the golf course - including the clubhouse area, rough, fairways, greens, and lakes, but excluding any area dedicated as conservation, which is non-irrigated and retained in a natural state - one TDR shall be acquired from Sending Lands. FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ORC REPORT: DCA raised two objections to the Heritage Bay Amendments. Both of these objections are based upon the fact that the major portion of the project is within the Rural Fringe Area and, at the time of the DCA findings, the Rural Fringe Amendments were not in effect (due to the administrative challenges). Objection #2 is based upon an inconsistency (in the opinion of the DCA reviewers) created by the Planning Commission's golf course/TDR recommendation (see above). The DCA objections, with accompanying recommendations are: Objection 1: Pursuant to the Governor and Cabinet's 1999 Final Order, all land designated "Agricultural/Rural" is covered by "The Collier County Rural and Agricultural Area Assessment" (Assessment). Department of Community Affairs v. Collier County, ER FALR 99:259 (Admin. Comm. June 22, 1999). The Final Order states: "until the Assessment is complete and comprehensive plan amendments to implement the Assessment are in effect, the only land uses and development allowable in the Area shall be those set forth in the Collier County Comprehensive Plan (FLUE, LU-I-3945) and Land Development Code (Section 2.2.2) in effect on June 22, 1999, for the Agricultural/Rural District..." and prohibiting certain uses such as new golf courses and driving ranges, extension of new provision of central water and sewer service into the area, and residential development. Amendments pursuant to the Assessment that include this area have been adopted, but are not yet in effect due to a pending administrative challenge. Thus, pursuant to the Final Order, the subject three sections are still subject to the provisions of the Final Order and will remain so until such time as the litigation is concluded and the amendments go into effect. This specific amendment does not implement the Assessment as required by the Final Order, and is not in line with the Final Order's directive regarding the process to address all "Agricultural/Rural" land within the County. Chapter 163.3177(6)(a), (9) (b), (f), and (g), Florida Statutes; Rule 9J-5.002(90); 9J-5.005(5), and (6); and 9J-5.006(3)(c) 1.; Florida Administrative Code. ,~..~:~A II~ 11 FEB 1 1 2003 Recommendation: Given the restrictions on development within the rural areas of Collier County imposed by the Final Order of the Governor and Cabinet in 1999, the County should not adopt the proposed amendment. Alternatively, demonstrate, through appropriate data and analysis, that the amendment is consistent with and implements.the Final Order. Staff Response: The above objection, as well as the one below, initiated extensive correspondence, e-mails and conversation between Comprehensive Planning staff, DCA, the petitioner's attorney and Collier County's legal counsel for the Rural Fringe Amendments. In these discussions it became apparent that DCA staff was unaware of the role played by the petitioner in helping to craft the Rural Fringe Amendments and, more importantly, that the Heritage Bay project had been conceptually reviewed by the County's Rural Fringe Advisory Committee. At that time, the Advisory Committee informally approved the Heritage Bay Development as not being inconsistent with (and thus "implementing") the Final Order. Finally, as noted previously, the Heritage Bay amendments can be regarded as a geographic subset of the Rural Fringe Amendments. For instance, the project's proposed expansion of the sewer and water service boundaries is located entirely within the proposed expansion area included in the Rural Fringe Amendments. When implemented, the Rural Fringe Amendments contain provisions that would allow Heritage Bay's proposed density blending. Finally, Comprehensive Planning staff believes that the proposed village centers within Heritage Bay would be allowed under the Rural Fringe Amendments. Given the above factors, the DCA objection can be simplified to a timing issue. In essence, the Department is objecting to the concept of the Heritage Bay amendments being adopted by the Board of County Commissioners prior to the Rural Fringe Amendments becoming effective. The issue is simply whether the Heritage Bay amendments can be adopted on their own or whether they must await final approval of the Rural Fringe Amendments. Staff notes that, in light of the above information concerning this project's relationship to the Rural Fringe Amendments, DCA staff has reconsidered the above objection. Staff has received correspondence from DCA Assistant General Counsel Shaw Stiller indicating that, "the County may consider the Departments prior objection abandoned." Ob. iection 2: Item 9 of the policy for the proposed overlay for Heritage Bay DRI, requires that for golf courses "located in the Rural Fringe Mixed Use District Receiving Lands (Secti:o, ns 13, 14, and 24), for each five (5) gross acres of land area utilized as part of the golf course... one transfer of development right (TDR) credit shall be acquired from the Sending Lands." This provision relies on Sending and Receiving Zones, and the Transfer of Development Rights, which do not yet exist in the Collier Comprehensive Plan. These instruments will be created when the Rural Fringe amendments go into effect. Therefore, the Heritage Bay amendment creates an internal inconsistency withi~ Comprehensive Plan. These instruments will be created when the 12 amendments go into effect. Therefore, the Heritage Bay amendment creates an internal inconsistency within the Collier Comprehensive Plan. Chapter 163.3177(6)(a), (9)(b), (f), & (g), Florida Statutes; Rule 9J-5.002(90); 9J- 5.005(5), & (6); and 9J-5.006(3)(c) 1; Florida Administrative Code. Recommendation: Language should be introduced into the amendment, which deals with the fact that the instruments for Transfer of Development Rights have not yet been created and gone into effect. Staff Response: Objection 2 may also be regarded as a timing issue, in that the referenced TDR process does not yet exist in the County's Land Development Code. The petitioner's staff has developed alternate language to meet the DCA objection. This language, with some modification by Collier County's Legal Counsel for the Rural Fringe Amendments, is included as a revised paragraph 9 of the draft amendment language. The recommended revised language is contained on pages 4 and 5 of this Executive Summary. Based upon the above objections, DCA indicated that the Heritage Bay amendments were inconsistent with the State Comprehensive Plan. As such, the Department recommended that the amendments be revised to address the DCA objections. FINDINGS AND CONCLUSIONS A number of protected plant and animal species occur on the subject property. However, it appears that the proposed on-site preserves, as well as likely conditions within the DRI Development Order will address potential adverse impacts to these species. Heritage Bay has the potential to have significant impacts to 1-75, between Immokalee Road and Bonita Beach Road, as well as to a number of Collier County roads. The Petitioner will be required to adequately mitigate such impacts as part of the DRI review process. · County staff does not find that the project will create adverse potable water, wastewater treatment demand, or solid waste impacts. The South Florida Water Management District concluded that "the Heritage Bay DRI could be developed in such a manner that adverse regional water resource-related impacts would not be likely to occur with regard to surface water management quality and water use." However, the District staff could not "confirm at this time that the proposed project could be developed in such a manner that adverse regional water resource-related impacts would not be likely to occur with regard to surface water management quantity and wetlands/other surface waters-functions." The staff indicated that these conclusions were based upon "unresolved issues cot 13 )ist~3 FEB 1 1 1113 loss of historic floodplain storage, net basin storage, passage of upstream flows, and control elevations." It should be noted that these issues would have to be resolved during the District permitting process (and most likely as a condition of the DRI Development Order); otherwise the development will not be permitted. Comprehensive Planning staff is recommending adoption of the proposed amendments based upon resolution of the Department of Community Affairs' objections. STAFF RECOMMENDATION Staff recommends that the BCC adopt the proposed amendments, based upon the recommended additional language, as contained in Paragraph 9 of the performance standards (see pages 4 and 5 of this Executive Summary). COLLIER COUNTY PLANNING COMMISSION RECOMMENDATIONS The Collier County Planning Commission reviewed the proposed amendments on February 6, 2003. Due to the short period of time between the Planning Commission and Board meetings, staff did not have the ability to incorporate the CCPC recommendations into the Executive Summary. Therefore, the CCPC recommendations will be provided to the Board of County Commissioners under separa.t~ cover, prior to the BCC's public hearing for these amendments. · ' / PREPARED BY:. Glenn E. Heath, AICP REVIEWED By:Princ~ ~ StUn [itsinger, AIC1~ REVIEWED By:C~~nsive Plannin~ ~M~i. ager -,~ervi~ces~~./ ~ APPROVED BY: / !/,'~'--~.--r/~ DATE: //Jos/ph K. Schrn/tt(, At~ministrator Petition Number:~p.~nudi_tj Dev. &Environmental Services This Executive Summary was prepared for the February 11, 2003 BCC Meeting. This item was reviewed February 6, 2003 meeting of the Collier County Planning Commission. 14 FEB 1 1 2003 ~. .~1/29/2003 16:00 FAX 0398 CARLTON FIELDS ~002 CARLTON FIELDS ATTOF~N£Y$ AT LAW 215 SC)UTI'{ MOI'41LOE STI~, SUITE 500 TALLAHASSE.[. FtOILIDA 32301°1866 T~L (8~O) 224--1,5~ FAX {850) 2,22,"'0398 ~ILII~G ADDRESS: RDST OFFICE DRAWER 190 TALLAHASS£L FL ..1~CL2-019'0 January 3, 2003 Shaw Stiller, Esq. DepzYanent of Community Affairs 2555 Shnmard O~k Boul,~rard Tallatmsse~, Florida 32399 Via Telef~x (850) 922-2679 ·nd U.S. Mail Re: Heritage Bay Comprehensive Plan Amendment Dear Shaw: Collier County has recently become aware that Depmtment staff'did not know of the Heritage Bay comprehensive plan amendment language tie to the Collier County Assessrnem. Our understanding is that DCA staffis now willing to reconsider the "timing" issue as expressed in its Objections, Recommendations, and Comments Report on those amendments. The County ~,ffhas asked that I request a letter confirming DCA's withdrawal or abandonment of the "timing" objection. In order to proceed, staff will need to see new language from the applicant to provide for the fact that the Rural Fringe Amendments are under challenge. The obvious issue deals with TI)Rs and golf courses because TI)Rs sre addressed in the Fringe Amendments. The second concern is that the entire section is written as an Overlay to the Fringe Amendments. We would prefer a re~,ording of the language so ttmt, in the remote circumstance the Fringe Amendments never to go into effect, tha-e will be no confusion as to the status of the Heritage Bay language. If you can think of may other areas of concern for which language should be directed to both staff and the. Department, please let us know. Sincerely, cC: Mike McDaniel, Depm'tment of Community Affairs Bernard Piawah, Departmemt of Comm~mity Aff~irs Marjorie Student, Collier County Start Litsinger, Collier Colmty Bruce Anderson, Applicant · T.Xl'/~2lJ~O~iOl 0~I:)0 ST. PE'TI~q.~'I~UK~ T^LI..AH^SSlq~ TA/VtPA ~i/08/2003 17:39 FAX 850 222 0398 CARLTON FIELDS [~002 DEPARTMENT JEB BUSH Governor STATE OF FLORIDA OF COMMUNITY 'Dedicated to making Florida a better p/ace to call home' AFFAIRS COLLEEN CASTILE Secretary January 7, 2003 By Facsimile Transmission [222-0398] and U.S. Mail Nancy G. LiD_nan, Esq. Carlton Fields, Attorneys at Law 215 South Monroe Street Suite 5000 Tallahassee, Florida 32301-1866 Re: Heritage Bay Comprehensive Plan Amendment Dear Nancy: '. I have` received and ~eviewed your lett*e'r* 'd~ted January 3', 2003, regarding the Heritage Bay comprehensive plan amendment (Amendment) previously tr&.nsmitbed .by .Collier 'County. As set forth in your letter, _Collier County:seeks a. ctarificat, ion as" to whether the - Department'maintains or. has abandoned the procedural objection to the Amendment contained in the Objections, Recommendations, and Comments Report (ORC Report) . The questioned Objection raised an issue as to whether the Amendment is consistent with and properly implements the Governor and Cabinet's Final Order in Department of Community Affairs v. Collier County, ER FALR 99:259 (Admin. Comm. June 22, 1999)- The basis for this Objection was a perception that the Amendment ~ad not been processed as part of the ~Rural and Agricultural Area Assessment" required by the Final Order. However, since the issuance of the ORC Report, information supplied to the Department demonstrates that the Amendment was indeed processed as part of the Assessment, specifically as it relates to the Rural Fringe. Although it is following an adoption schedule that is separate from the remaining Rural Fringe amendments, .:the Amendmen.t. is closely related-t-o and consistent with. the o.ther-.amendments and"-.can pro'.ceed. .'The-County'may :consider the Department" S prio.r:' Ob~e.c*tion abandoned.' '" -." '" ""; 2555 S~I'UMAR'D 'OA'K B(~'~J'[EvA''R'D'' "' TALLAHA'~'SE'E" F*L*O*RII~"A'"'*32399 Phone: BSO.488,B466/Suncorn 278.8466 FAX: 850.921.0781/Suncom 291.0 Internet address: h,(tp:/Iwww.dca.slate.fl.us CRITICAL STATE CONCERN FIELD OF~CE 2796 ~is Highway, Su~ 212 ~, FL 330.50-2227 (3O5) 289-24O2 COklMUq lTV PI.~I~,iN IN(~ 2885 S~ulmn:l ~ i Tdlaha$~e, FL 32399-2100 (UO~ 4B8-2356 EMERGENCY MAHA~ ,2555 Sh~rm~rd Oak Boulevard Tallahurde. FL 32399-2100 ~SO) 4139969 HOUSING & COMMUNIT~ 2555 Shumarcl Oak 6oulev~' TallahasMe, FL 32399-2100 (850) 488-7956 81 NO. (') L._.) FEB I 1 '~176872003 17:40 FA~ 850 222 0398 CARLTON FIELDS 003 Nancy Linnan, Esq. January 7, 2003 Page Two The Department concurs with the two substantive concerns contained in the second paragraph of your letter, both of which address the relationship of the Amendment and the Rural Fringe amendments. Department staff will work with the County and applicant to ensure appropriate language is drafted to deal with these issues. Please contact me at 922.1685 if I can be of further assistance. cc:\ Mike McDaniel Bernard Piawah Marjorie Student, Esq. Bruce Anderson, Esq. Sincerely, Shaw P. Stiller Assistant General Counsel FEB 1 1 2003 ORDINANCE NO. 03-~ AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY: AMENDING THE FUTURE LAND USE ELEMENT; THE FUTURE LAND USE MAP; THE SANITARY SEWER SUB-ELEMENT, AND THE POTABLE WATER SUB-ELEMENT, AND THE WATER AND SEWER DISTRICT BOUNDARY MAP OF THE PUBLIC FACILITIES ELEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. THESE AMENDMENTS ARE TO SUPPORT FUTURE IMPLEMENTATION OF THE HERITAGE BAY DEVELOPMENT OF REGIONAL IMPACT (DRI) BY ESTABLISHING THE URBAN-RURAL FRINGE TRANSITION ZONE OVERLAY. WHEREAS, Collier County, pursuant to Section 163.3161, et seq., Florida Statutes, the Flodda Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, Section 380.06(6)(b), Florida Statutes, provides that Plan Amendments related to Developments of Regional Impact (DRIs) are not subject to "statutory or local ordinance limits on the frequency of consideration of amendments to the local comprehensive plan; and WHEREAS, Collier County Resolution 97~431 provides for a public petition process to amend the Plan; and WHEREAS, the Petitioner, U.S. Home Corporation, has proposed to amend the following elements of the Collier County Growth Management Plan: Future Land Use Element, including the Future Land Use Map; Sanitary Sewer Sub-Element and Potable Water Sub-Element of the Public Facilities Element as well as the Water and Sewer District Boundary Map; and WHEREAS, Collier County did transmit these Growth Management Plan amendments to the Department of Community Affairs for preliminary review on September 23, 2002; and WHEREAS, the Department of Community Affairs did review and did make written objections to the Growth Management Plan amendments and the Water and Sewer Distdct Boundary Map and transmitted the same in wdting to Collier County within the time provided by law; and WHEREAS, the Department of Community Affairs did reconsi~ objections and, upon the submittal of revised language by the PetitionE said objections; and Words underlined are additions; Words ~ are deletions ~', di(:~mov~ _ FEB 1 I 2003 SECTION THREE: EFFECTIVE DATE. The effective date of these amendments shall be the date a final order is issued by.-the Department of Community Affairs or Administration Commission finding the amendments in compliance in accordance with Section 163.3184, Flodda Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on these amendments may be issued or commence before they Ihave become effective. If a final order of noncompliance is issued by the Administration Commission, these amendments may nevertheless be made effective by adoption of a Resolution affirming their effective status, a copy of which Resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Boulevard, 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this __ day of ,2003. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK BY: TOM HENNING, CHAIRMAN Approved as to Form and Legal Sufficiency '~~arjorie M. Student, Assistant County Attomey Adoption Ordinance CP-2000-6 FEB 1 1 2003 Words underlined are additions; Words ...... thrcuT=h are deletions 3 FUTURE LAND USE ELEMENT SANITARY SEWER..~UB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT POTABLE WATER' SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Exhibit A CP-2000-6 FUTURE LAND USE ELEMENT Policy 1.5: [added text: page 11] Overlays and Special Features shall include: A. Area of Critical State Concern Overlay B. Areas of Environmental Concern Overlay C. Airport Noise Overlay D. Rural Lands Stewardship Area Overlay E. Bayshore/Gateway Triangle Redevelopment Overlay E. Urban-Rural Fringe Transition Zone Overlay VI. OVERLAYS AND SPECIAL FEATURES E. URBAN-RURAL FRINGE TRANSITION ZONE OVERLAY [new text, page 77] Sections 13, 14, 23, and 24, Township 48 South, Range 26 East consisting of +2,562 acres which overlap the Urban and Agricultural/Rural boundary line, north of the intersection of lrnrnokalee Road and County Road 951, are under common ownership and through comprehensive planning may resolve potential local land use conflicts and provide for the realization of unique regional environmental opportunities. Among the causes of potenti~ land use conflicts are the abrupt transitionless switch from urban densities (4+ units per acre) in Section 23 to rural densities (1 unit per 5 acres) in Sections 13, 14 and 24, and the continuation of earth mining in an increasingly urbanized residential area. Under existing permits from the U.S. Army Corps of Engineers CUSACOE) and Florida Department of Environmental Protection, a total of +1,700 acres in these four Sections have been or may be mined. Sections 13, 14 and 24 in the Agricultural/Rural Area contain large wetland areas in the north, which are contiguous to wetlands proposed for the Cocohatchee West Flow-way and slated for acquisition by the Corkscrew Regional Ecosystem Watershed (CREW) Trust. These wetland areas extend in a contiguous fashion south into Section 23 in the Urban Area, in close proximity to the Mixed Use Activity Center quadrant designated within this Section. Sections 13, 14 and 24 in the Agricultural/Rural Area contain large wetland. Cas north, which are contiguous to wetlands proposed for the Cocohatchee Wes Flo~,,~__.~1 FEB 11 21)83 [Words underlined are added. Wordso....~.'+~'~' '~'~,,.,~..~.,k ~,.,~.~ deleted] and are slated for acquisition by the Corkscrew Regional Ecosystem Watershed (CREW) Trust. These wetland areas extend in a contiguous fa~qhion south into Section 23 in the Urban Area, in close proximi _ty to the Mixed Use Activity Center qusdrant designated within this Section. To resolve potential land use conflicts and protect environmental resources, an Urban- Rural Fringe Transition Zone Overlay is created which encompasses all four sections, and all development proposed within the Overlay area shall comply with the following performance standards: Approximately 533 acres of wetlands, which exist on the property_, are currently in a conservation easement. An additional 300 acres of wetlands will be placed in conservation easement status. Together these 830 + acres of wetlands have the potential to be connected to wetland sites off-site thereby providing an environmental and wildlife corridor connection. Native vegetation or other natural areas (inclusive of conservation areas) shall cover a minimum of 40% of the gross land area (or its equivalent off-site) exclusive of existing rock quarries. Seven _ty percent (70%) of the gross land area shall be devoted to open space, including but not limited to, lakes (including existing rock quarries), golf courses and conservation areas. To the greatest extent practical, the existing rock quarries shall be incorporated into the regional water management system and utilized to accommodate the passing through of off-site water flows and may be used for recreational purposes. Development on the property shall connect to the County's regional water and wastewater facilities, which exist at the southwest comer of the property at the intersection Of Immokalee Road and County Road 951, which regional service area is expanded to include all of the property. The maximum number of residential units on the entire Heritage Bay property shall not exceed 3,450 (not including 200 ^l.F units). This number may be allocated and developed among all of the Sections, in conformance with the environmental preservation requirements referenced in Sub-paragraph 1, above. and shall be clustered,-in order to achieve conformance with the other performance standards applicable tO this Overlay. [Words underlined are added. Words ~--~- ~*' ..... ~' are deleted] Development of the property shall be designed to encourage internal vehicle trip capture by providing commercial and recreational uses and shall provide for pedestrian and bicyclist access to internal community recreation and convenience retail centers. Internal project roadways shall be connected and tall ~,lll~ I access to the Activity Center located in the southwest comer of the pr~ ?ert_.~x ~'- [.~ I FEB 2003 8. commercial activities are limited to a total of 40 acres within the Activity Center located at--the northeast quadrant of the intersection of Collier Boulevard and lmmokalee Road and three "Village Centers" totaling approximately 26 acres within the residential part of the Heritage Bay development. The Activity Center commercial uses will include a maximum of 150,000 square feet of retail uses and 50,000 square feet of office uses. The Village Center commercial uses will include a maximum of 10,000 square feet of retail uses, 10,000 square feet of restaurant uses, 5,000 square feet of marina related retail uses, and 5,000 square feet of office uses. For golf course(s) located in Sections 13, 14, and 24, for each five (5) gross acres of land area utilized as part of the golf course(s) ("golf course" shall include the clubhouse area, rough, fairways, greens, and lakes, but excludes any area dedicated as a conservation area, which is non-irrigated and retained in a natural state) one (1) transfer of development right (TDR) credit shall be acquired from areas identified by the County as "Sending Lands". In the event that construction of approved golf course(s) commences in Sections 13, 14 or 24 prior to the effective date of the County's applicable TDR program, the developer shall provide, in a manner and form acceptable to the County, financial assurances to guarantee sufficient funds to purchase the necessary number of TDR credits for golf courses. The funds guaranteed by the developer or paid to the County for the golf course TDR credits shall be equal to the required number of TDRs multiplied by the estimated value of a TDR as established by the applicable County TDR program. If such program is not in existence at the time of payment as set forth below, then the amount shall be as set forth in the Final Report by Dr. James C. Nicholas, dated November 23, 2001. If the construction of approved golf course(s) commences in Section 13, 14, or 24 prior to the effective date of the County's applicable TDR program, then the developer shall be required to acquire the appropriate TDR credits for golf course(s) within 90 days following implementation of the County's TDR program. In the event that an applicable TDR program has not been implemented by the County is not effective within thirty-six (36) months from the adoption date of this plan amendment, then funds guaranteed by the developer or held by the County for the transfer of development right credits for golf course{s) pursuant to this paragraph shall be released or refunded to the developer and the requirements of this paragraph 9 shall be null and vo,d. [Words underlined are added. Wordso,~*-'"~,.,~, +*'~.,, ..... -, --t,.-h _v~'~ deleted] FEB 1 1 2003 I I SANITARY SEWER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT POLICY 1.5.1: ..... [added text: page SS-7] Discourage urban sprawl by permitting universal availability of central sanitary sewer systems only: in the Designated Urban-Rural Fringe Transition Zone Overlay and Urban Area of the Future Land Use Element of this Plan, and in Towns, Villages, Hamlets, and Compact Rural Developments within the Rural Lands Stewardship Area Overlay. These areas are further identified as: within the Collier County Water and Sewer District Boundaries on Map PW- 1 of the Potable Water Sub-element, except the outlying urban areas of Immokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; within the Rural Lands Stewardship Area Overlay, as each Town, Village, Hamlet and Compact Rural Development is designated; and, in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. POTABLE WATER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT POLICY 1.5.1: [added text: page PW-7] Discourage urban sprawl by permitting universal availability of central potable water systems only: in the Designated Urban-Rural Fringe Transition Zone Overlay and Urban Area of the Future Land Use Element of this Plan, and in Towns, Villages, Hamlets, and Compact Rural Developments within the Rural Lands Stewardship Area Overlay. These areas are further identified as: within the Collier County Water and Sewer District Boundaries on Map PW-1 of the Potable Water Sub-element, except the outlying urban areas of Immokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; within the Rural Lands Stewardship Area Overlay, as each Town, Village, Hamlet and Compact Rural Development is designated; and, in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. [Words underlined are added. Words~,~.~'--~v,.,~., a,,,,,,.,e,~, are deleted] FEB 1 1 2003 T 46 S I T 47 S I T 48 S EXHIBIT A 10 15 URBAN - RURAL ZONE 11 FRINGE TRANSITION OVERLAY 12 URBAN-RURAL FRINGE TRANSITION ZONE OVERLAY 7 19 PREPARED BY: GRAPHICS AND 'I'E:CHNICAL SUPPORT SECTION COMMUNITY DE¥1[I..0PMENT AND ENMRONMENTAL SERVICES DIVISION OATE: 1/2003 RI.E: FLUE-2OO3-1-A2. DWG 0 1500 FT. 5000 FT. F J RB II~E'~ L~'a~J-- 2[~ INGE TR ANSITIgN :oN pi. o,-,-.,, Ii EXHIBIT "A" CIIY OF NAPLES WA*~R S~RMC[ ARF-A- OF NAP GULF Of' MEXICO COLLIER IIAP PW-1 COUNTY'S TWO (2) WATER AND/OR DISTRICTS - BOUNDARIES Collier County, Florida I. EZ co. I I , r .... i I I I i----~ I I I SEWER I I I I I I ! I I I I I I I I I I I I I L----I I I I I I I I I I I I I I COUNTY ~TER AND / I SEWER DISTRJ, CT / II I GOODLAND I I WATER I P~REPAR~D BY: GRAPHICS A/K) ]~CHNICA~ SUPPORT SECTION ~MUI~TY D~'VE~OPME:NT ANO IENMR~ME:NTAL ~RVIC~$ ~I~SION SOURCe.: COU.J~R COUNTY UllU~I~S DI~A~R~4. lg95 DA'T~.: g/g5 f'I'L.E: PW-I.DWG REVISED:. 1/03 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE LAND ACQUSITION ADVISORY COMMITTEE OBJECTIVE: To appoint 9 members to serve staggered 3-year terms on the Land Acquisition Advisory Co~ittee. Three members shall serve 1-year terms, 3 members shall serve 2-year terms and 3 members shall serve 3-year terms, expiring on February 11 of the respective year. CONSIDERATIONS: The Land Acquisition AdviSory Committee is a 9-member committee and it's primary responsibility is to recommend to thc BCC an Active Properties Acquisition List with qualified purchase recommendations of environmentally sensitive lands consistent with thc goals of the Conservation Collier Land Acquisition Progrmn. Membership of the committee shall comprise broad and balanced representation including environmental and conservation interests, agricultural and business interests, educational interests, and general civic and citizen interests within the County. Members shah have expertise, knowledge or interest in ecology, conservation of natural resources, real estate or land acquisition, land appraisal, land management, eeo-tourism or environmental education. A press release was issued and resumes were received from the following 53 interested citizens: APPLICANT DIST ELECTOR ADV. COMM. Ty Agoston 5 Yes None Edward F. Banaszak I ~es None Thomas R Becker 3 Yes None Sydney E. Blum 3 Yes None John H. Boldt 3 Yes None Haifred D. Bolen 2 Yes None John E. Carlson 5 Yes None Edwin S. Chrislxnan 2 Yes None Michael J. Delate 2 Yes None Josephine D. Dinl~ler 2 Yes None Martha Dykman 4 Yes None Marco A. Espinar 4 Yes Development Services Advisory Committee Nancy Fessenden 3 Yes ,None Mark Gerstel 5 Yes None Elfin Goetz 4 Yes Smart Growth Advisory Committee Lawrence Goldman 2 Yes None Richard M. Hailer 3 Yes None Judy Haae~ 3 Yes None Lynda HitfiaSer 5 Yes None Richard D. Housh 4 Yes None Denn C. Huff 4 Yes None _ DanielF. Jackson 4 Yes None ~grtlB~ ITEM Wayne Jenkins 5 Yes None 'wE- No.Z -- Cindy Kemp 5 Yes None Willis P. Kriz 1 Yes None CarlJ. Kuehner 4 Yes None FEE 11 2003 Linda A. Lawson 3 Yes None Paul D. Lehmann 2 Yes None ..... Thomas Macchia 3 Yes None Jori L. Mallard 2 Yes None Carol A. Manning 3 Yes None Troy Marsh 3 Yes None Danny Earl Meek 4 Yes None Graydon E. Miars 2 Yes Rural Lands Oversight Committee Vernon Miller 5 Yes None Jerry P. Morgan 2 Yes Utility Authority Nicholas G. Penniman, IV 4 Yes None Julie ! ~nse Pc)ton 2 Yes None Georg~nn Portokalis 2 Yes None William H. Poteet, Jr. 3 Yes 1-75 GG Pk'wy Interchange Ad Hoc Committee Russell A. Priddy $ Yes None Kathy Prosser 1 Yes Rural Lands Oversight Committee Nancy L. Reed 3 Yes None Bradley William Schiffer 2 Yes Board of Buildin~ Adjustment and Appeals John F. Sorey, III 4 Yes None Julian L. H. Stokes 4 Yes None Dirk Switken 2 Yes None David W. Thurston 1 Yes None Yvonne Toscano 2 Yes None George J. Wilder 4 Yes None David J. Wolfley 3 Yes Collier County Planning Commission Mimi S. Wolok 4 Yes None William B. Zeleny 2 Yes None NOTE: See spreadsheet on pages 3 and 4 for Expertise, Knowledge and Interest. COMMITTEE RECOMMENDATION: New Committee - No Recommendations FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment, appoint 9 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Fiison, Executive Manager . Board of County Commi~ioners Ageada Date: FEBRUARY 11, 2003 A~NOA~__ITEM NO o ~,_~' FEB l l 200 C) DATE: TO: FROM: MEMORANDUM December 31, 2002 Elections Office ~' Sue Filson, Executive Manage.~/[I Board of County Commissione'l~ Voter Registration - Advisory Board Appointmems The Board of Cotmty Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. 360 10* Avenue NW Naples, FL 34120 COMMISSION DISTRICT Edward F. Banaszak 7638 Mulberry Lane Naples, FL 34114 Thomas R. Becker 224 Silverado Drive Naples, FL 34119 Sydney E. Blum 237 Burning Tree Drive Naples, FL 341~}5 John.. ( 625 Lalique Circle, ~,. -- Naples, FL 34119, -- ,'>~\~/ I-t,,t. ..lq~d John E. Carlson Ne-,es 3331 Ia Avenue, N-~ Naples, FL 34120 Page 1 AGEItQIk ITEM _ FEB 11 200] LAND ACQUISITION COMMITTEE Edwin S. Christman 7221 Mill Run Circle Naples, FL 34109 Michael J. Delate 574 100t~ Avenue North Naples, FL 34108 Josephine D. Dingier 6677 Mill Run Circle Naples, FL 34109 Martha Dykman 5040 Seashell Avenue Naples, FL 34103 Marco A. Espinar 3880 Estey Avenue Naples, FL 34104 Nancy Fessenden 4630 5th Avenue, SW Naples, FL 34119 Mark Gerstel 970 Desoto Boulevard, S. Naples, FL 34117 Ellin Goetz 439 3'a Avenue, North Naples, FL 34102 Lawrence Goldman 12387 Colliers Reserve Drive Naples, FL 341'10 Richard M. Hailer 2348 Hidden Lake Drive, #5 Naples, FL 34112 Judy Haner 493 Castle Road Naples, FL 34119 Page 2 COMMISSION DISTRICT 3 AGr~I~A~ ITEM FEB 11 2003 pcj. [z _ LAND ACQUISITION COMMITTEE COMMISSION DISTRICT Ms. Lynda Hittinger 2175 Wilson Blvd., N. Naples, FL 34120 5 Richard D. Housh 160 Seventh Avenue, South Naples, FL 34102 Dean C. Huff 214 Woodshire Lane Naples, FL 34105 3223 Guilford Court Naples, FL 34112 2500 Jenkins Way ~ Naples, FL 34117 Cindy Kemp 970 Desoto Boulevard, S. Naples, FL 34117 Willis P. Kriz 770 Waterford Drive, #303 Naples, FL 34113 Carl J. Kuehner 1537 Gordon Drive Naples, FL 34102 Linda A~ Lawson 1770 Oakes Bo. ulevard Naples, FL 34119 Paul D. Lehmann 3 Bluebill Avenue, Apt. 41 l Naples, FL 34108 Thomas Macchia 5645 Eleuthem Way Naples, FL 34119 Page 3 AGE,NOAt~I'fEf4 .o...%..1_il- - FEB 11 NiB 'q LAND ACQUISITION COMMITTEE Jon L. Mallard 15350 Wimbome Lane Naples, FL 34110 Carol A. Manning 2352 Magnolia Lane, Naples, FL 34112 Troy Marsh 4589 Pasadena Court Naples, FL 34109 Danny Earl Meek 721 Springline Drive Naples, FL 34102 Graydon E. Miars 1316 Grand Canal Drive Naples, FL 34110 Vernon Miller 140 10t~ Avenue, N.W. Naples, FL 34120 Jerry P. Morgan 2350 Mont Claire Drive, #201 Naples, FL 34109 Nicholas G. Penniman, IV 611 Portside Drive Naples, FL 34103 Julie Lange Peyton 856 Barcarmii Way Naples, FL 341 i 0 Georgeann Portokalis 7062 Baxrington Circle, 8202 Naples, FL 34108 William H. Poteet, Jr. 6180 Star Grass Lane Naples, FL 34116 Page CONLMISSION DISTRICT AG~.pt~!T EM No. '-~ ~ 'R ,- FEi LAND ACOUISITION COMMITTEE Russell A. Priddy q~_5 7007 Hwy 29S ---~tsae_ ~6.x~ ,q, ek:[~._q$ rtl Immokalee, FL 34143 2ITvnn~ol41~l.tA, Kathy Prosser 4757 Cerromar Drive Naples, FL 34112 Nancy L. Reed 5370 Hickory Wood Drive Naples, FL 34119 Bradley William Schiffer 520 Sugar Pine Lane Naples, FL 34108 ~Siemian~9~ 982 ~e Drive Na~4120 John F. Sorey, III 220 Gulfshore Boulevard North Naples, FL 34102 Julian L. H. Stokes 2262 Coach House Lane Naples, FL 34105 Switk · A" .l v 4690 St. Croix Lane, ~421 I 'q~"~Naples, FL 34109 David W. Thurston 231 Memory .Lane, Unit #2 Naples, FL 34112 Yvonne Toscano 6065 Highwood Park Court Naples, FL 34110 George J. Wilder 990 Eighth Street, South Naples, FL 34102 Page COMMISSION DISTRICT 3 AG Er4~& ITEM No. '-~ll ~ FEB 1! 2003 Pg. LAND AC~UI$IT!ON COMMITTEE David J. Wolfley 4250 1~ Avenue, NW Naples, FL 34119 Mimi S. Wolok 1112 Trail Terrace Drive Naples, FL 34103 William B. Zeleny 187 Audubon Boulevard Naples, FL 34110 COMMISSION DISTRICT Thank you for your help. Page AGEfN~x ITEM FEB 11 2003 Pcj. /(_) MEMORANDUM DATE: TO: FROM: Dece~ 31, 2002 William D. Lorenz, Jr., Enviro nme~t~SelMc es Director Sue Filson, Executive Manager"'~/~ ' Board of County Commissioner~, ' ' ' Land Acquisition Committee As you know, we currently-have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Ty Agoston 360 l0th Avenue NW Naples, FL 34120 Edward F. Banaszak 7638 Mulberry Lane Naples, FL 34114 Thomas R. Becker 224 Silverado Drive Naples, FL 34119 Sydney E. Blum 237 Burning Tree Drive Naples, FL 34105 John H. Boklt ' 625 Lalique Circle, #404 Naples, FL 34119 Halfxed D. Bolen 400 Diamond Circle, #5 Naples, FL 34110 Page 7 AGF(N~.~ZTEM No. ~4~ FEB 11 ZOO3 John E. Carlson 3331 1a Avenue. NW Naples, FL 34120 Edwin S. Chdstrnan 7221 Mill Run Circle Naples, FL 34109 Michael J. Delate 574 100t~ Avenue North Naples, FL 34108 Josephine D. Dingier 6677 Mill Run Circle Naples, FL 34109 Martha Dykman 5040 Seashell Avenue Naples, FL 34103 Marco A. Espinar 3880 Estey Avenue Naples, FL 34104 Nancy Fessenden 4630 5th Avenue, SW Naples, FL 34119 Mark Gerstel 970 Desoto Boulevard, S. Naples, FL 34117 Ellin Goetz 439'3r~ Avenue, North Naples, FL 34102 Lawrence Goldman 12387 Colliers Reserve Drive Naples, FL 34110 Richard M. Hailer 2348 Hidden Lake Drive, #5 Naples, FL 34112 Judy Haner 493 Castle Road Naples, FL 34119 FEB 11 2003 Ms. Lynda Hittinger 2175 Wilson Blvd., N. Naples, FL 34120 Richard D. Housh 160 Seventh Avenue, South Naples, FL 34102 Dean C. Huff 214 Woodshire Lane Naples, FL 34105 Daniel F. Jackson 3223 Guilford Court Naples, FL 34112 Wayne Jenkins 2500 Jenkins Way Naples, FL 34117 Cindy Kemp 970 Desoto Boulevard, S. Naples, FL 34117 Willi.q p. Kriz 770 Waterford Drive, #303 Naples, FL 34113 Carl J. Kuehner 1537 Gordon Drive Naples, FL 34102 Linda A. Lawson 1770 Oakes Boulevard Naples, FL 34119 Paul D. Lehmann 3 Bluebill Avenue, Apt. 411 Naples, FL 341,08 Thomas Macchia 5645 Eleuthera Way Naples, FL 34119 Jon L. Mallard 15350 Wimbome Lane Naples, FL 34110 AGE ~TEM .o. _ FEB 11 7.00 Carol A. Manning 2352 Magnolia Lane, Naples, FL 34112 Troy Marsh 4589 Pasadena Court Naples, FL 34109 Danny Earl Meek 721 Springline Drive Naples, FL 34102 Graydon E. Miars 1316 Grand Canal Drive Naples, FL 34110 Vernon Miller 140 l0th Avenue, N.W. Naples, FL 34120 Jerry P. Morgan 2350 Mom Claire Drive, #201 Naples, FL 34109 Nicholas G. Penniman, IV 611 Portside Drive Naples, FL 34103 Julie Lange Peyton 856 Barcarmil Way Naples, FL 34110 Georg~ Portokalis 7062 Barrington Circle, #202 Naples, FL 34108 W'flliam H. Poteet, Jr. 6180 Star Grass Lane Naples, FL 34t 16 Russell A. Priddy 70O7 Hwy 29S hmaokalee, FL 34143 Kathy Prosser 4757 Cerromar Drive Naples, FL 34112 A G ~A/~i~T E M No./~ · FEB 11 21)03 Nancy L. Reed 5370 Hickory Wood Drive Naples, FL 34119 Bradley William Schiffer 520 Sugar Pine Lane Naples, FL 34108 John F. Sorey, III 220 Gulfshore Boulevard North Naples, FL 34102 Julian L. H. Stokes 2262 Coach House Lane Naples, FL 34105 Dirk Switken 4690 St. Croix Lane, g421 Naples, FL 34109 David W. Thurston 231 Memory Lane, Unit #2 Naples, FL 34112 Yvonne Toscano 6065 Highwood Park Court Naples, FL 34110 George J. Wilder 990 Eighth Street, South Naples, FL 34102 David J. Wolfley 4250 1 ~t Avenue, NW Naples, FL 34119 Mimi S. Wolok 1112 Trail Terrace Drive Naples, FL 341,03 William B. Zeleny 187 Audubon Boulevard Naples, FL 34110 Please categorize the applicants in areas of expertise within the 41 day tit prepare an executive summary for the Board's consideration. If you have an' me at 774-8097. qu~. ~~~ FEB 11 2003 Tlmnk you for your attention to this matter. SF Attachments AGE~?/}3,~TEN No ._-!~'~ FEB 11 2803 Page 1 of 2 _ filson_s From: TyAgoston~cs.com Sent: Monday, December 16, 2002 9:14 AM To: suefiison~colliergov.net Cc: Jimcoletta¢~colliergov.net; Smeltbrook~yahoo.com; BellHall~aol.com; Mama2small~aol.com; kgwestside~/ahoo, corn Subject: Application For Green Space Selection Advisory Board Board of County Commissioners3301 East Tamiami TrailNaples, FL 34112(941) 774-8097Fax: (941) 774-3602 Application for Advisory Committees/Boards Name: Ty Agoston 8400 Home Address:_360 10th Avenue NW 34120 Fax No. 455-4310 Business Phone: tyagoston@cs.com Home Phone: 455- Naples FL Zip Code: e-mail address: Board or Committee Applied for:_Green Space Selection Advisory Board Category (if applicable):__Distdct 5 Example: Commission District, Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County: Yes x No Do you currently hold public office? Yes No x If so, what is that office? Do you now serve, or have you ever served, on a Collier County board or committee? Yes X If yes, please list the committees/boards: Environmental Advisory Board Rural Fringe Advisory Board No Please list your community activities (civic dubs, neighborhood associa§ons, etc. and positions held~__ Co-President Taxpayers Action Group -- 6 yearn President Taxwatch 'of Collier County. Education: Rutgers, MBA 1975 Several Business-related Certifications Experience: 12/16/2002 Owned and operated retail business 1959-1969 Several levels of executive positions with national food chain 1969-1991 FEB 11 '003 Page 2 of 2 Please attach any additional information you feel pertinent. This application should be forwarded to Sue Filson, Executive Manager to the Board of County Commissioners, 3301 East Tamiami Trail, Naples, FL 34112. If you wish, please fax your application to (941)774-3602 or e-mail to suefllson~colliergov.net. Thank you for volunteering to serve the citizens of Collier County. 12/16/2002 FEB 1 2003 Page 1 of 3 filson_s From: ECBAN@aol.com Sent: Sunday, December 08, 2002 4:28 PM To: suefilson~colliergov.net Subject: Conservalion Collier/adv bd Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Application for Advisory Committee/Boards Name:EDWARD F. BANASZAK,M.D.,PH.D. Home Phone:2397325531 Home Address:7638 MULBERRY LANE, NAPLES FLORIDA Zip Code: 34114 Fax No. Business Phone: e-mail address: ECBAN~AOL.COM 12/9/2002 FEB 11 2003 Page 2 of 3 Board or Committee Applied for: CONSERVATION COLLIER ADVISORY BOARD Catagozy (if applicable): Example: Commission District, Developer, environmentalist, lay person, etc. Axe you a registered voter in Collier County: Ye~ X No Do you emx~a~fly hold public office ? Yes NoX If ~o, what i~ that office ? Do you now serve, or have you ever served, on a Collier County hoard or Committee? Yes NoX If yes, please list the committees/boards: Please list your community activities (civic clubs, neighboorhood associations, etc.) nad I.CONSERVANCY OF SW FLORIDA-VOLUNTEER positions held:2.BOARD OF DIRECTORS-WISCONSIN LUNG ASSOCIATION 3. PRESIDENT OF STAFF-ST. MARYS HOSPITAL, MILWAUKEE,WISCONSIN 4.MEDICAL DIRECTOR-PROGRAM IN RESPIRATORY THERAPY, MILW.WIS Educ ation:M. S.,MARQUE TTE UNIVERSITY-1959 th&D.,ME/)ICAL COLLEGE OF WISCONSIN-1960 PH.D., MARQUETTE LTNIVERSITY- 1964 MASTER NATURALIST PROGRAM,UI~VERSITY OF FLORIDA-2002 PHYSICIAN 1960-PRESENT DIRECTOR OF EDUCATION, ST. MARYS HOSPITAL-MILWAUKEE WISCONSIN AMATEUR PHOTOGRAPHER INTERESTED'IN MA_KINE BIOLOGY,ECOSYSTEMS,AND COASTAL PLANT DEVELOPMENT Please attach any additional information you feel pertinent This application should be Manager to the Board of County Commizsioners, 3301 East Tamiami Trail, Naples, FL application to (941)774-3602 or e-mail to suefilson(~collie~ov, net. Thank you for Collier County. 12/9/2002 to citizerm oJ FEB ll Collier County Home I BCC I Application for Advisory Committees/Boards Page 1 of 2 x--] collier county Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 board mee'dng Application for Advisory Committee/Boards Name: Thomas 1~ Becker Home Phone: (239) 352 - 7071 Home Address: 224 Silverado Drive, Naples, Florida Zip Code: 34119 Fax Business 352-7071 e-mail W'mesipper2~earthlink.net No. Phone: address: Business: Financial Consultant Board or Committee Applied for: Catagory ~ ~): Example: Commission l)istr~t, Developer, environmentalist, lay per~)n, etc. n Are you a registered voter in Collier County: Yes X Do you currently hold public office ? Yes No If so, what is that office ? Conservation Collier Advisory Board No Do you now serve, or have you ever served, on a Collier County board or Committee? If yes, please list the committees/boards: X Yes No ~lease list your community activities (civic clubs, neighborhood associations, etc.) and positions held: · Greater Naples Leadership, Board of Trustees, Co-Chair of the Leadership Volunteer Committee, Member of Strategic Planning Committee. · Southwest Florida Community Foundation, Board of Trustees, Chairman of Strategic Planning Committee, and Member of Finance and Investment Committee. EducJtion: · Graduate of Kent State University with degree in Business and Finance · Certified Trust and Financial Advisor ~xperieaee: I h~ve been a full time resident of Collier County for the past six years. I recently retired as District President, Key Private Bank in Florida, after 33 years in the financial services industry. I managed a professional staff' responsible for providing investment, banking, and trust services to the high net worth client. I have had a life long interest in the environment, and in conserving na~ura~o .__t.' ~ - resources Within the past year I have accomplished the following' ,~ · - ~ · Serving as m-chairman of Environmental Day for Greater Naples L~dert~algJ ~ 1 20{1~1 · Graduating from the Florida Master Naturalist Program (Freshwate(Wetlan~ds file://C:~J}ocuments%20and%20 Settings~fil son_s\Local%20 Settings\Temporary%20inter.. · 12/18/2002 Collier County Home [ BCC [Application for Advisory Committees/Boards Page 2 of 2 · Servin8 as co-chairman of Freshwater Seminar for GNL Alumni Other: I am known by Ellen Goetz and Sally Woliver should you require references. Please attach any additional information you feel pertinent. This application should be forwarded to Sue Filson, Executive Manager to the Board of CounO, Commissioners, 3301 East Tamiami Trail, Naples, FL 34112. If you wish, please fax your apph'cation to (941) 774-3602 or e-mail to suejqlsonF~_ colliergrn, net. Thank you for volunteering to serve the citizens of Collier County. Return to Top Print this Page Collier County Home fil e://C:kDocuments%20and%20Setfings~fil son_s~w-al~0 Settings\Temporary%20Inter-- - AGF~ ,ay~ITEM No. ?F/. - FEB 11 2003 12/18/2002 ENERGY EFFICIENCY SYSTEMS AIR CONDITIONING RECEi¥ E~:': December $, 2002 To Whom It May Concern: I am very interested in preserving the wildlife and wetlands in our area. However, I feel that there has to be a balanced coordination with land acquisition and management in relation to the building industry and new construction. We must look ahead to a time far beyond our years and prepare an intelligent program to meet the needs of ail. I am convinced that it is a "do-able" project. enclosure 1786 Trade Center Way, #2A · Naples, Florida 34109 {239) 594-7880 · Tall Free: (877] 337-2665 · Fax: (239] 594-9374 No. "' FEB 11 2003 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Name: ~x/]~k~-¥ E, ~L..U]"I aomePboue: ~3':}'-~/~i ItomeAddress:oQ37 BLLYnlnC~'-~fl-~Q ~f,i ~C~]eS ZipCode: ~~t~'-~ Fax No~'~- ~~ine~ Phone~'~- ~ ~mafl addr~s:~CO0 } Board or Committee Applied for: ~ ~ C~ Example: Comm~ion D~t, ~r, e~i~nmentalis~ lay ~mn, e~ Are you a regbtered voter in Collier CounW: Yes ~ No Do you currently hold public o~ce? Yes No If~ ~t ~ ~m o~ce? ~ y~ now ~ or have you ever se~ed, on a Collier Coun~ b~ or commi~? Y~ lfy~ pl~e fig the commiR~rds: Please list your community activities (civic clubs, neighborhood associations, etc. and positions held:/~)~ P~S 'Y'~HT S'TO~6~ ~ [~Ot~_l~ ~ DJ f~c~C'-'T~f.% Board of County Commissioners 3301 East Tamiami Trail Naples, FL ;34112 (941) 774-S097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Name: .~A-l~--4~p ~, ~-~~ Home Phone:(Z=~') '~-~'g/--- g777 HomeAddre~: ~ ~{~0~ ~.,,~0~ ~- ~~ipCode: FaxNo. ~ Bushess Phone: ~ ~mafladdress: Board or Commifl~ Applied for: ~_~,~ ~/l ~ ~k~ Catego~ (ifapplicable):~a~ ~~c~ ~ ~'~ A~t~a 0 ~ ~ Example: Core--ion Dbt~ct, Devel°~r, envi~nme~tM~ h~ ~n~ e~c. - - ; - Are you a reg~tered voter h Co~er Count: Yes ~ No Do you currently hold pubfic office? Yes No lfs~ ~at is that office? Do you nmv serve, or have you ever served, on a Collier Coun.ty board or committee? Yes If yes, please llst the committees/boards: Please list your community activities (civic clubs, neighborhood associations, etc. and positions Please ttttac~ any additional information yoa feel pertinen& l;~i.v application ~Aouid be forwarded to Sue F~lson, F. rea Board of Cotmty Commissioners, 3301 East Tamiami TroH, Naples, FL 34112. If you wisk, please fax yoar applicatim e-mallto mefdsonCm:otth~ov.r.~ I'kanltyo~for ~ to serve faf c~.fm ~C.~Afr Coms~y. Board of County Commissioners Page 1 of 2 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards vax No. ti; 6- ) 9~ 3 Ousine,s Phone: ~q 7 - 3 /// ~man address: ~~ 3~ ~ ~ Board or Com~ee AppUed for: (0~ $~O~b ~ ~ ~/~ ~ ~ Cat~o~ (if applic~le): Example: Com~n ~s~ ~do~r, enviroumentalis~ lay ~ etc. ~e you a ~tered voter in ColUer Count: Y~ ~ No ~ you c~renfly hold public office? Y~ No ~ If so, what is that office? Do you now serve, or have you ever served, on a Collier County board or committee? Yes please list the committees/boards: No ~'~ If yes, Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Pg http ://colliergov.net/gov/app.hlxn 12/13/2002 June, 2002 RESUME OF JOHN H. BOLDT, P.E., P.S.M. 625 Lalique Circle, 01404 Naples, FL 34119 Telephone: Home (239) 774-7237 Work (239) 597-3111 E-MaU: Home: jboldt3002~ol.com Work: boldt~abbinc.com EDUCATION: 1951 - 1955 Romeo High School, Romeo, Michigan 1956 - 1961 Michigan State University, East Lansing, Michigan Bachelor of Science Degree in Agricultural Engineering EXPERFENCE: 1957 - 1958 Intermittent employment as mechanical draftsman for engineering consultant in San Francisco, California. 1958 - 1960 Part-time during college as dra_~sman-designer of heating, ventilating and plumbing systems for a school architect in Lansing, Michigan. 1961-1969 1969-1970 Employed by the U.S. Department of Agriculture-Soil Conservation Service as a project engineer and design engineer in several Michigan locations, including one year in the Regional Technical Service Center in Lincoln, Nebraska. Was responsible for conducting fidd investigations and surveys for drainage, erosion control, and other sm~emral projects. Supervised survey and inspection crews on large drainage and flood prevention projects. Involved with contract administration, pay estimates and change orders. Designed several multi-purpose earthen dams including hydrology, hydraulic and soils mechanics analysis. Employed by lamtz-C~ggs, Consulting Engineers and Land SurveyOrs in Lansing, Michigan. Was principal engineer in charge of branch office involved primarily in the design and supervision of drainage and bridge construction projects in central Michigan. ITEM No FEB 11 2BB3 RESUME of John H. Boidt, P.E., P.S.M. - page 2 of 3 1970 - 1983 Founder and part owner of the firm ofBoldt, McLeod and Johnson, Inc., Port Huron, Michigan, Consulting Engineers and Land Surveyors. Main responm'bilities were financial management for a staffof 12 to 16 employees, offering full range of civil engineering and land surveying services to municipalities, governmemal agencies and private developers. Projects involved large agricultural drainage projects, airport improvements, condominium developments, mobile home parks, plat developments, sanitary sewer, water and street designs. Responsible for full range of planning, design, construction supervision and contract administration. Extensive comact with County Drain and Road Commission offices and coordination of projects with state approving agencies. April 1983- April 2002 Retired asDirector of Stormwater Managemem Department, Collier County, Florida. Administered and coordinated county-wide stormwater management activities including planning, programming, design, construction, operation and maintenance for all related facilities. Systems included extensive canal network with weirs, salinity barriers, flood control structures, pumping stations and major aquatic plant comrol programs. Position involved a close working relationship with the Big Cypress Basin of the South Florida Water Management District. Budget Manager of 7 funds totaling $9,300,000 and supervised a staffof26. May 2002 - Present Pm-time Senior Consultant with Agnoli, Barber & Bmndage Inc., a Naples, Florida firm of professional engineers, planners and land surveyors specializing in land development and public works projects. ACTIVITIES, M]EMBERSltlPS AND ACltIEVEMlgN~: Registered as Professional Civil Engineer in State of Michigan in 1968 and as a Registered Land Surveyor in 1978. Florida P.E. Registration obtained in 1983 and P.S.M. in 1990. Holder of Florida Engineering Society Certificate of Continuing Professional Development since 1985. Florida Registration for Land Surveyors requires mandatory continuing education of 12 hours, per year, in order to maintain registration. Former member of the Blue Water Chapter of Michigan Society of Professional Engineers. Served in several chapter officer positions and as State Director and Co-Chairman of the State Scholarship Committee. Named Chapter "Engineer of the Year" in 1980. Now member of the Calusa Chapter of the Florida Engineering Society and form Ch~TEM No. FEB 11 2 03- RESUME of John H. Boidt, P.E., P.S.M. - page 3 of 3 the Ethics Committee. Named Chapter "Government Engineer of the Year" in 1991/92. One of 4 Horida Engineering Society members to receive designation as FES Fellow during 1994 for service to community and professional society. Member of the American Society of Agricultural Engineers and served as Michigan Seca/on Vice Chairman. Served on the Board of Directors of Michigan Lutheran Camp Association and as Chairman of Facilities and Grounds Committee~ Former member of the Michigan State University Engineering Alumni Board of Directors and Agricultural Engineering Industry Advisory Board. Member of the American Society of Civil Engineers, American Public Works Association and American Water Resources Association. Formerly served on the Board of Education of the Naples Christian Academy. Have been active in church as an elder, choir member, missions chairman and former director of evangelism program. Actively involved with Engineering Ministries International, including 21 short-term mission trips to 3rd world developing countries on technical design assignments serving Christian missionary agencies. As a Regional Representative, exhibits for EMI at National Annual Meetings of several professional and technical associations pERSONAL DETAILS: Birth Date ............ January 11, 1937 Height ............... 5' 10" Weight .............. 199 lbs Health ............... Good ' Marital Status ......... Married Children ............. Three grown children and 5 grandchildren FEB 11 2003 DEC. 18. 2002 11: 08AM 12/18/2oo:~ 10;55 FAX 9417743602 MATIOMAL AUDUBOH-- Bcc P.1/! .......... 002 Board of County Commissioners 3301 E~st Tami~rni Trail N~I~ ~ 34112 ~: (941~ 77~3~Z Application for Advisor3~ Committees/Boards ~ yon a red.red vot~ in Colfier Conap: Yes _~ Na Do you cur~u~ hotd public o~ce? Y~ No If so. ~nt h ~at yon uaw serv~ m- ~ you evor ~erved~ on a CDllier Home Address: No. Board of County Commissioners 3301 East Tamiami Trail Naplea, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Board or Committee Applied for: ~/~. ~ ~ A/ .~ ff)/:J-f~r?- Cat, gory (if applicable): gumlde: Coumubdoa District, Developer. enviroumeuraiM, hy perwm, e~c. Are you a registered voter in Collier ¢ount~: Yes / No Do you currently hold public office.'? Yes No ffso, whatb that No Please list your commnity activiti~ (civie chh, ~ighborho~d a~°ciatioa~, etc. and pmitions held: F~9 ~.~ 2003 Page 1 of 2 fllson s Sue, I would like to apply for the Conservation Collier Advisory Board. Below is the application, and I have attached my resume. Please call me at 947-1144 if you have any questions. Thanks. Application for Advisory Committee/Boards Name: Michael Delate Home Address: 574 100th Ave. North Fax 947-o375 No. Business 947-1144 Phone: Home Phone: 592- 9834 Zip Code: 34108 e-mail address: mdelate@gradym inor. com Business: Engineer Board or Committee Applied for: Conservation Collier Catagory (if Lay Person applicable): Example: Commission District, Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County: Yes XXX Do you currently hold public Yes office ? If so, what is that office ? No No Do you now serve, or have you ever served, on a Collier County board or Committee? Yes Yes No If yes, please list the EPTAB and Citizens Advisory Committe for Landfill Location committees/boards: Please list your cOmmunity activities (civic clubs, neighboorhood associations, etc.) and positions held: Golden Gate Civic Association Education: Environmental Engineering 12/20/2002 FEB ii tBB3 Page 2 of 2 Experience: 13 years as engineer in Collier County including private and public. 12/2012002 Professional Qualifications Name: Michael J. Delate, P.E. Education: University of Florida Environmental Engineering Professional Registration: Professional Engineer, Florida Professional Experience: Mr. Delate has provided engineering services to public and private entities for thirteen years. Serving in numerous capacities, he has provided services on projects fi.om master planning to project completion and certification. He has an extensive computer modeling background including modeling of urban runoff, floodplain analysis and master water and sewer planning using the latest computer software programs. Mr. Delate has provided engineering services to public and private entities for thirteen years. Serving in numerous capacities, he has provided services on projects fi.om master planning to project completion and certification. His previous experience include preparing a Master Water Management Plan for the 100,000 acre State of Florida Rookery Bay watershed and urban watershed drainage. He has an extensive computer modeling background including urban runoff and floodplain analysis and master water and sewer planning. Mr. Delate has served as Project Manager on many land development projects including the preparation of engineering design, plans and specifications. In addition, he has extensive experience with school planning and construction for Collier County Public Schools and a private schook His experience also includes bidding and contract administration services. Mr. Delate has served on several local government advisory boards, including the Collier County Environmental Policy and Technical Advisory Board, the Collier County Citizens Advisory Committee on Landfill Locating and the Naples Bay Project Committee. A representative list of projects for which Mr. Delate has provided professional service include: Transportation Projects Lee County DOT, Coconut Road Improvements Lee County DOT, Corkscrew Road Improvemems, Phase 2 Sarnsota County DOT - Mohawk Area Stormwater Drainage Sarasota County DOT - Cornelius Circle Stormwater Drainage Sarasota County DOT - Saralake Stormwater Drainage C:~l)ocumen~ and Settings~lson_sq~x:al Setti~gs\T~ lm~t FiIes~OLK~3.DOC AG_~ ZTEM No. FEB ii 200,t Water Use Permitting Lee County Utilities - 10 year SFWMD Consumptive Use Permit Collier County Public Schools - SFWMD Consumptive Use Permits Fiddler's Creek - SFWMD Consumptive Use Permit Wrenwood Farm - SFWMD Consumptive Use Permit Stormwater Management Collier County - North County Wastewater Treatment Plant SFWMD Permit State of Florida FDEP - RBNERR Master Water Management Plan Livingston Road Country Club - Environmental Permitting and Water Management Pelican Sound - Water Management Phase 3 · Land Development Projects Public Sector: Collier County Public Schools: Gulf Coast High School - Site Development Barton Collier High School - Water Management Gulfx4ew Middle School - Services during construction Tran~ortation Maintenance Facility - Site Development Corkscrew Elementary School - Preliminary Site Planning Oak Ridge Middle School - Environmental Permitting Seagate Elementary School - Site Development Future Middle and Elementary Schools - Sitting Various School Facilities - SFWMD Water Use Permitting & Monitoring City of Naples - Twin Lakes Subdivision Sanitary Sewer System City of Naples - Port Royal Drainage Collier County - North County Wastewater Treatment Plant SFWMD Permit Lee County Utilities - 10 year SFWMD Consumptive Use Permit Sarasota County DOT - Mohawk Area Stormwater Drainage Sarasota County DOT - Cornelius Circle Stormwater Drainage Sarasota County DOT - Saralake Stormwater Drainage State of Florida FDEP - RBNERR Master Water Management Plan Private Sector: Livingston Road Country Club - Environmental Permitting and Water Management Bentley Village - Environmental Permitting and Site Development Marriotts Brighton Gardens - Environmental Permitting and Site Dt, velopment Turtle Creek- Environmental Permitting and Site Development Fiddler's Creek - Master Potable Water System Design, SFWMD Water Use Permitting and Site Development Wrenwood Farm - SFWMD Water Use Permitting and Site Development Quail West - Site Development Port of the Islands - Environmental Permitting and Site Development The Woodlands - SFWMD Water Management Naples Community Hospital - Site Development C:LDocumems and Settings~fRson_sq.~al Setlings\Temporaty lntemet Files~OLK7DSLMJD3.DOC FEB 11 2003 pg. ~) ~ North Naples Medical Park - Environmental Permitting and Site Development Seacrest School - Environmental Permitting and Site Development Pelican Sound - Environmental Permitting and Site Development Tarpon Bay - Environn~ntal Permitting and Site Development Hammock Bay - Environmental Permitting and Site Development Pelican Landing - Site Development Computer Software: ICPR HEC-2 Cybemet C:~:n:aments and S~filso~_s~Local Settings\Temporary lnt~net Files~OLKTDS~JD3.DOC FEB 11 2003 6677 Mill Run Circle Naples FL 34109 November 25, 2002 Collier County Board of Commissioners 3301 Tamiami Trail East Naples FL 3411Z Re: Citizens Advisory Committee Green Space Dear Board Members: I should like to be considered to be on the Citizens Advisory Committee that is to be appointed for the allocation of Green Spaces. I am a resident of North Naples, retired, with past experience serving on an Architectural Review Board in my former town. My occupation was that of a commercial Interior Designer, so I am quite familiar with reader scale drawings and the like. I am presently a volunteer with the Conservancy of Southwest Florida. Please contact me if you should need any further information. Thank you for your consideration of my request. Very truly yours, Jo Dingier (Mrs. R. P. Dingier) AGE~ITEM NO. FEB 1 1 2003 ~EC--~9--~2 11:59 AM J. ~INGLER I 2~9 5~ 1~?~ P. 01 Board of County Commissioners 3301 EHt Tarnttmi Trm..'l ~...~ (941) 774-8097 Fax: (941) 774-3602- Application for Advisory Committees/Boards Home AddreH: _~,~-- '? ? ~(~ ~ i I q~, ,~ O~t ~ ~' Fax No. Business Phone: Busiacss.* ~ , ~ Homo Phone: Zip Code: _'~,'~ c-mail address:~ Board or Commiff~e Applied for: Category (J£applicable): ELtmpJe: Commh~ou Dll~t, Are you a registered voter ht Collier County: Yes ~'~ No Do you currently hold public oflJce? Yes No ~ Ifa(k what Is that office? Do ye~f ue4v serve, OF have you ever served, oa n Collier CouMy board or committee? Yes lfyu, ideme Ih~ the commiRees/botvds: Please list your community activities (civic clubs, neighborhood associations, ete~ and positions Education: A A ~,Nli~ ~TEM zoo3 Bmmt oJ'CoattO, C~mmt~lon~rs, ~$#l Ef~I T~niamt 7r~4 Naples, FL $4112. l/)ou mba, Ige~ejrax year ~p~ .~ Pg. I Board of County Commissioners _: Page 1 of 2 Board of County Commissioners 3301 East Tarniami Trail Naples. FL 34112 (94i) 774-8097 Fax: (941) 774-3602 Application for Advisor).; Committees/Boards aome Aaa,~: _~ O ~/ 0 .~/.L ~-. zip Co~e: ~ ~/i O '~ c-LL/ Fax No. :_~ [~,~,~ .- /lq -~ '7 I?~i~e6s 1'hone: ~ard or Commi~ Appli~ for: ~~~ ~~ Cat~ (if applicable): , l ~ ~~~ E~m~ Comm~ioa Oi~cL D~elo~r, ~virofl~ent~G lay ~mn, et~ Are you a ~ter~ voter in Collier Count: ~ .... No Do you currently ho~ public o~ce? Y~ ~ [f so, what is ~at o~ce? e-mail address: Do you now s~rvc, or have you ever served, on a Collier County board or committ~? ~ picas= list thc committc~q:n~ards: ~'c:~_~-0~ t'_ ~-.e__ ~ - i Please list your community activities (civic clubs, neighborhood associations, etc. and positions ,. held:~.t~;~..~- ~l.~ ~e.,:,,'x~-t~-,' (~_n.~rtg..~f~,/.%-~ · /~'_oil~e,r' ]~,.'?.~,'c~J--~ ~-~.'..,..~c...)j Education: ' , -~x~ - ~ ~ ' ~/L.-~. - 1..~ ["J4~,=.... / _ _- . . ~x--. ~ ..~ / / -- htrp://www.collicrgovdict/gov/app-htm FEB 11 2003 J Please ~tat:k ~y a~gon~ info--ion l~ be o ~p ' oM ~ ~d to ~e ~on, ~Fe ~an~ge~ to tke B~rd of ~ Co~~, 3301 ~ T~s~ ~ N~I~, FL 3411~ If y~ w~k, .~e~t~o~i~oe.~ ~ank ~ for ~g ~ ~e ~e ~e~ of Collier http'-//www, collicrgov.net/gov/app.htm A G E ~FtS/'21)~}l~l No. ~lt~ _ FEB 11 ZOO3 · Pg. ~0 d9.1~ :LO 30 80 AGEI~)~L~T EM FEB 11 2003 Collier Environmental Consultants Inc. 3880 Estey Ave. Naples, Florida 34104 Telephone (941) 263-2747 December 26, 2002 Sue Filson, Administrative Assistant Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 341 ! 2 Dear Ms. Filson, I am writing to request consideration for an appointment to the Conservation Collier Committee. I obtained my degree in Biology from the University of South Florida: in Tampa, Florida. I have been employed as a Biologist at South and Southwest Florida Water Management Districts, Collier County Development Services and currently as the owner of an environmental consulting firm. While at Collier County Development Services, Compliance Division, I gained an understanding and knowledge of Collier County Codes and Ordinances and even assisted in writing several environmental ordinances for the Collier County Land Development Code. I served on the Environmental Advisory Board and have previously served on a professional board. I was elected for two terms to the Southwest Chapter of Florida Association of Environmental Professionals and also served on their By-Laws Committee. I currently serve on the Development Services Advisory Committee and the Land Development Code Sub-committee. I am also a member of the Republican Executive Committee. As previously mentioned, I currently own and operate Collier Environmental Consultants. This experience has made it necessary to understand and balance the Environmental Laws that govern my business along with my client's needs. My comprehension of this balance, having experience both as a regulator and a regulated party gives me an objective and unbiased viewpoint. I believe that my years of e~efience as a professional Biologist in south Florida, coupled with objectivity will · enable me to make a positive contribution. -~..~ A. E spinar t, lo o~ FEB 11 ZOO3 RESUME Marco A. Espinar 3880 Estey Avenue Naples, Fl 34104 Bilingual: English & Spanish Office: 941-263-2687 EDUCATION Cardinal Mooney High School Sarasota, Florida Diploma 1980 Manatee Junior College Bradenton, Florida AA Degree 1982 Biology University of South Florida Tampa, Florida BS Degree 1990 Biology Completed USF Cooperative Education Program April 1988 USF Under~c~acluate Research - USF 1985 Apalachicola Archaeological Expedition & Research - Lab Coordinator of Fauna Identification from Archeological Sites - Studies of Seagrass Beds (Thalassia testudinum) in Upper Tampa Bay, Florida - Growth Rates of Marine Algae ( Gracilaria tikvahiae, G. verrucosa, G. deblis ) Port Manatee, Florida EMPLOYMENT I-HSTORY & EXPERIENCE Collier Environmental Consultants Inc. Naples, Florida Environmental Permitting, Planning Vegetation Inventory Mitigation & Monitoring Plans Threatened and Endangered Species Survey Gopher Torioise Permitting, Testing, Relocation Turrell & Associates, Inc. Naples, Florida Environmental Permitting, planning Threatened and Endangered Species Survey Environmental Impact Statements Owner & Environmental Planner Exotic Plant Removal / Poisoning Mitigation Plantings Jurisdictional Determination Environmental Impact Statements Senior Environmental Planner Supervision of Staff Review Staff Repo~ FEB 2 83 South Florida Water Management District Fort Myers, Florida Dredge & Fill Permit Review Surface Water Permit Review Environmental Analyst Collier County Government, Development Services Naples, Florida Site Development Plan Compliance Planned Unit Development Compliance Site Drainage Inspections Environmental Specialist II Landscape Inspections Environmental Enfomement Southwest Florida Water Management District Tampa, Florida As-Built Inspections- Engineering, Survey Surface and Ground Water Permit Compliance Well Construction & Abandonment Inspections Field Services Technician Southwest Florida Water Management District Brooksville, Florida Wetland Vegetation Studies At Major Well Fields Water Quality Sampling & Testing (CO-OP) Environmental Scientists 1 PROFESSIONAL ASSOCIATIONS Florida Association of Environmental Professionals, Member Southwest Florida Association of Environmental Professionals, Member Elected to Governing Board for 2 terms; Bylaws Committee Exotic Pesi Plant Council, Member Appointed by the Board of County Commissioners and Served on the Collier County Environmental Advisory Board Appointed by the Board of County Commissioners and Currently Serving on_the Development Services Advisory Committee - Term Expires 12/03 Currently Serving on the Land Development Code Sub-Committee AGE~]_I TEM FEB 11 2003 _ Gopher Tortoise Management and Mitigation Professional Training Program Successful Completion 9/01 Member, Collier County Republican Executive Committee REFERENCES UPON REQUEST AG£ ~'.~TE~ ~o.~------ FEB 'i'l 2003 12/89/2882 88:52 9413525238 NANCYFES~ISNDEN PAGE 81 Collier County Home { BCC Application for Advisory Co~ds Fax-, (3.1~) 77~ ~.~. Applica ion for Advisory Committ¢ dBoards Are you a regJmJ~ your h Do you currently hold publi If so, what ia that ob ? Do you now sent, or have y or CommJme: If yen, please list the eemmJttef,~ Coflkr ~OIInty:. Y~ '~ No ', oflke ? Yes No ~ ,u ~er ~, on · Collkr County hrd t~: Yes No ~ lqease list yoau.r co-,mui~ f{ctfv~. (civic dub, n~fbb~~ taodadou, t) and positions held. .. Exp ..,'k!e~. ................ .[ tllowed mc to bec~ .m~. proflclf~ in interpersonal and comnmni, fion slo3_]~. Currently, as · the Patie~ Mannger with Tk Leukemia & Lymphorrm Society, I inttT'act ~ and tk community to support their efforts to survive blood As a pilot, I hav~ a unique perspective on Collier County's envirom-em. In the last 8 years, I'vc noticedlfrom my cool,pit, with alarm, tk ~ of woods and Comervafion beca ne increasing important to me as I witnessed the red tides, air { G£ ~t~,~% ZTEN [~rtici~ed in raisir~ aw, u~,utss of euvimnmtntal needs thro ~.u~ ,r, voluate:rksattheConservacy, audkcominsaBoard~(ki~[~ 11 2003 State Preserve. To participle ia the recommendation of a healthy ~nvirommmt for futu~ g~ns. Collier CoUnty Home ].BCC i Application fOr'Advisory Committee~/Boards Page 1 of 2 Board'of County Commissioners · 3~4}1 EaSt Tamiami Trail .Naples, FL 34112 · .... (239), 774-8097 Fat: (239) 774-.~)2 .Name: '. ~ 0r Commi~ A~' foc ~ ~ ' ..Application for Advisory Committee/Boards j~ .~,' "Cx-']~~'. '~. L. Home Phone: ~~,q {~"~ i~.wimpl~ Commisaion Oistr~'t~ DeVeloper, envi~o.raentalist, by person, etc. A~' yon a register .~. 'vSter in Collier County:' 'Yes ~ No -.. Do yo~t furze, nfly.hold., public.office'.? .'....yes No · .~fs~ what is ~at ogffe~ ? ' - Do'you now serve, Or have you ever aerved~.o~i a Collier County board. or Committe~? ' '" ' " ' ~ please list the eommitte~s/b, oards: 3%t!7 Y~s Hease list youl; communily, acti~ities:(civic .dubs, neighboorhood assodafi0n~ etc.) and AG~ ITEM No. FEB 11 12/38/2882 11:57 9412615119 GC]ETZ STROPES VANCI3N PAGE 01 ~OaFa Oil ~OtlIlly I~;ortl~lSSloncr~ l~ag~ I Pt z Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-81~7 Fsx: (941) 774-3602 Application for Advisory CommiRees/Bosrds Name: ELL/iq ~ ~t!!'l~ nome ,ho.e.. Z~. ~/~'~ e=mnil address: d~Ol~"~~) ~ ~/. ~[}~ Are you a registered voter in Collier County: Yes Do you currently hold public office? Yes If so, what is that office? Do you ..... .Cou}~y board or co'm_miuee? V~ X No ~ lfy~, pl~sc n~ s~ or have y~ ~et s~e~ on n Colli~ Please list your community activities (civic club.% neighborhood associations, err_ and positions held: - ' Education: ~ ~ ~ h lip : / leo l lierg o v.n et/ g o v /app .h im ,, ,,'-r'k~C~ A"r'c[q i-i:.u i i i003 Pg .~_~ 12/26/2002 12/38/2882 11:57 9412616119 GOETZ STROPES VANCON PAGE 82 GOETZ+STROPES LANDSCAPE ARCHITECTS INC. ELLIN GOEI~., ASLA JERRY STROPES, ASIA ELLIN GOETZ Partner, G~lz+Stropes, Landscape Architects, Inc. EDUCATION 1984 University of Massachusetts, Amherst, Massachusetts Master Degree in Landscape Ard~itecture 1976 Vassar College, Poughkeepsie, New York B.A. in Art History and Fine Arts 1975 Williams College, Williamstawn, Massachusetts Exchange Junior Yea r Study REGISTRATION State of Florida, Landscape Architect 11 5:2, 1 987 AFFILIATIONS American Society of Landscape Architects, Member AWARDS For the Firm J.Roland Ueber PA Landscape A~'chlfeds Inc.: Florida Chapter, American $ocie~ of Landscape Architects 1991 - Award of Excellence Res/dent;al Design, Killilea Residence Naples, Florida 1989- Award of Excellence Urban Design, Third Street South Shopping District Courtyards and 1989- Merit Award Resort and Commun/fy Planning The Vineyards of Naples Florida Nurserymen and Growers Assodafion 1998- Award of Excellence Fif~ Avenue Soulh Streetscape ReYital~zatim 1989- Award of Excellence 1989- Award of Excellence Third Slreet South Shopping Area Garden Courtyards and Str-~e..*:~gGe The Vineyards of Naple: HO ~ Naples, Florida FEB I1 2003 12/38/2882 11:57 9412616119 GCETZ STROPES VANCON PAGE 83 HONORS Boys and Girls Club, inc. of Collier County Zonta Club of Naples, Florida Guifshore Life Magazine AAUW, Naples, Florida N Magazine/Cormmmity Foundation 1999 Visionary Award 1 998 Yellow Rose Award 2000 Woman of the Year Award 2000 Women of Achlevemerrt 2002 Women of Style COMMUNITY INVOLVEMENT Chairperson, VoteConservation2002 Member, Smmt Growth/Community Character, Collier County, Florida Past Chairperson, The Conservancy of Southwest Florida Founding Board member, Southwest Florida Land Preservation Trust Past Board member, Big Cypress Basln, South Florida Water Management District Past Board member, Naples Planning Advisory Board, Naples, Florida Past tV, ember, Select Committee on Community Character, Collier County, Florida General Coofd~nl:~T, Cambier Park Playground Project, Naples, florida Greater Naples Leadership Class ¥ lOTH STREET SOUTH ---- 'ITEM NAPLES FL 34102 T 2~39.643.0077 F 239.261.6119 ~o_e.$..z.l.and~aol~comNo .~ [ FEB 11 2003 11/38/2882 22:48 9415969754 PAGE 02/02 Application for Conservation Collier Advisory Board I have been actively involved in Collier County for four years in zoning and .:nvironngnml issu~ thai have como before the Collier County Commi~or~ S~, I have work~l for 31/2 years for protection ofwadlif~ and mivironmental ~ surro:mding file Little Palm Island development ~ Palm River. I have been associated with Collier Coul:xty environmental groups working toget~r with developers fox protection and preservation of land in Collier County. FEB Pg. ~--~- 11/38/2882 22:48 9415959754 PAGE 81/82 Collier County Home I BCC I Application for Advisory Committees/Boards Page 1 of 2 Board of County Commissioners' _ Naples, FL 34112 .... Fax: (239)774-3602 ~L.,..n~: ~ '.:Z Application for Advisory Committee/Boards FaxNo. ~-~7~ ff~in~Phone: ~~ e-mafladdr~: ~ ~/ -~ Bu~n~: ~a~ or CommJ~ App~ fo~ E~mpl~: Commi~ion Di~t~ Deve~r, envi~nmenm~ Ihy pe~n, e~. A~ you a ~ter~ voter ~ Collier Count: Yes ~ No Do you cu~ently hold public o~ce ? Y~ No If s~ ~at ~ ~at o~ ? Do you now serve, or have you ever served, on a Collier County board or Committee? if yes, please list the eommiRees~oards: Yes No Please list your community activities (civic clu~rbs;, positions held: Board of Count)' Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Name:_Judy Haner Home Phone: 239/353-4550 Home Address: 493 Castle Road .Zip Code:_34119 Fax No._239/417-6315 Business Phone:_239/417-6310__ address:judy.haner~dep.state.fl, us_ e-mail Bnsiness:_Rookery Bay National Estuarine Research Reserve, Florida DePartment of Environmental Protection Board or Committee Applied for:_Land Acquisition Committee Category (ifapplicable):_Resource Manager. Example: Commission District, Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County: Yes X__No Do you currently hold public office? Yes If so, what is that office? No X Do you now serve, or have you ever served, on a Collier County board or commitlee? Yes No __X Ify~, please lis~ the committees/boards:_sat in on EPTAB committee meetings in 1993-1994; currently serve on the County's Aquaculture Task Force Please list your community activities (civic clubs, neighborhood associations, etc. and positions held):_ Florida Association of Environmental Professionals - Secretary; Naples Chapter of The Florida Native Plant Society; Florida Exotic Pest Plant Council; Southwest Chapter of the Florida Marine Mammal Stranding Network Education:_B.A. Lynchburg College, VA (dual major: biology/chemistry). _M.A. The College of Wi!iiam and Mary, Virginia Institute of Marine Science (major: marine science)~ Experience:__I have worked with the Florida Department of Environmental Protection's Division of State Lands for the past 8 years, identifying and acqniriug lands for the state, funded through Preservation 2000, the Conservation and Recreation Lands Program and Florida Forever. I am involved with landscape- scale acquisition and restoration to meet the needs for environmental function within watersheds. I have been successful in securing over 52.5 million in outside grant funds to match with state funds for land . _ . ..... acquisition. ~ AGEND~ ~TEM I have also worked with numerous consultants and developers through the permit process to and eomplete appropriate mitigation for environmental site impacts, including both land acq~isitiog~ restoration. Dec.50 '02 9:05 HITTINGER 941 455 5~2 Yahoo! Mail- smeitbrook~yahoo.eom FAX F. 2 Page 1 of 2 'Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 77~97 Fax: (941) 774-3~2 Name: Board or Committee ippll~ for: Catego~ (if apphcabte): L Application for Advisory Committees/Boards ?~ ~ ./-,3/¢/~~ ~om. ~o~: ¢~ ~-~ Ztp Code: address: Example: Commission District, Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County: Yes / No Do you currently hold public office? Yes No~/" If so, what is that oflXce? Do you ~./serve, or have you ever served, on a Collier County botrd or committee? Yes if ye~, pleurae list the committeex/boards: No A G FTI~'-I T E M '1 No. 'q ri -- FEB 11 2.003 http ://us~f4 ~ 2~mai ~ yah~c~m/yr~/Sh~wLett~r?b~x=Inb~x&MsgId~-2 4 73-~ 7 465 8 ~-4687 4-7~-~ 12/6/02 D~c.50 '02 9:06 HITTINGER 9~1 ~55 5G5~ FAX p. 5 z ~utuu: lviam - smenorooir(,~yalaoo.com Page 2 of 2 Please Ust your communUy acUvttiea (civic clubs, neighbnrhood assoctaUons, etc. and positions Pleae attack any additional Information you feet pertintm£ ~hlt applic~!!on should bt for}~al Exeeutl~t il~an~g~r to tire ~oard af County Commissioners, $$01 F. att Tamiatnl Trail, Nttplga wish, pl~ase fax your a~olication t~ (941)774-$602 or e-mall to su~fli~on_q.n.l~collletl, o~.n~t' Tha~ uolunte~rIng'to strve the cltl~ens of Collier County http://us.f412.mail.yahoo.com/ym/ShowLetter?hox=inbox&Msgid=2473 11 2003 1746581.76874..7~.. 12/6/02 _1 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Home Address: Pax No. ~34 Business Phone: Home Phone: Zip Code: ~]! e-marl address: Business: ~/~CtC/~L~-~ ~_~'y,A~-~. Board or Committee Applied for: ~.~~, Catego~ (ifappli~ble): ~ gxam~e: Comm~ion DlItr~I, Develo~r, environmen~lh~ hy ~uon, etc. Are you a registered voter in Collier County: Yes Do you currently hold public office? Yes Ifao, what is that office? No No Do you now serve, or have you ever served, on a Collier County board or committee? Yes'//~' ' No If yes. please list the committees/boards: '~- '.-/7~"dr"-"z/'~'"'~'""r '-/,_~.'~.. ,-,- Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Experience: Nh; c-fiT I- U. 13 I I l..ou~,, Please attach any additional information you feel pertinen~ This application should be forwarded to Sue F'tlson, Erectttive Manager to the Board of County Commissioners, 3301 East Tamlami Trail, Naples, FL 34112. If you wish, please fax your application to (941) 774-3602 or ~ to t, tuO~t~ttlergo~.wet. ~kankyo~for v, altmtmwing to r~"ye the ~ of~ Comity, Richard D. Housh 160 Seventh Avenue South Naples, Florida 34102 239-434-9649 (voice) 239-434-0811 (fax/office) rdhoush@yahoo.com Attachment to Application for Conservation Collier Land Aquisition Advisory Committee Community Activities: Membership in and regular supporter of: The National Audubon Society Corkscrew Sanctuary The Conservancy of Southwest Florida The Rails-to Trails conservancy The Sierra Club The Jane Goodall Institute Highlands Nature Sanctuary National Arbor Day Foundation Fiodda Bicycling Association Highland county Trails, Inc. (Founder and Trustee) Highland County Family YMCA Board Member Ralph J. Stolle Countryside YMCA Board Member Education: Bachelor's of Science in Education 1970 Miami of Ohio, Oxford, Ohio Numerous post graduate courses, seminars, etc. on the subjects of Energy, the Environment, and Business. Business Experience: Founder and CEO of Control Solutions, a Multi-National Energy Management and Environmental Sytems Company. Established 1978. Sold this business to TAC, headquartered in Malmo, Sweden. Other Experience: ! have served on many advisory boards for business and non profit interests. While not a formally trained environmentalist, I have always been a conservationist with a love of the land and a passion for protecting our environment. I am a hard worker with time to'dedicate to this ?po .rtant position. I will represent the interests of my fellow citizens of Collier Collier tJounty, with no predjudice toward any developer, realtor, or special interest group. Thank you very much for your consideration of my application. Sincererly, Richard D. Housh AG~ ITEM FEB 11 2003 Hi 121ands Nature 7629 Cave Road Bainbridge, OH 45612 Sanctuary phone 937-365-1363 fax 937-365-0155 e-mail LHENRY@bright-net Dear Susan l=ils°n, December zz, zooz ! am writing to Dou to recommend the appointment orr Rich ]-1o.sh to ~qo.r Aclvisor~ Council for the pu~ose of identifbing lan& ,~orth.~ of ecolokical protection in Collier C. ount.~. Our organization is a non-Profit land frust in south~central Ohio which is currentl~l preserving I Zoo a;-_res of bncl (and growing!) in the region of the seologicallt) and bota, nicall~ significant RoCk.~ ~=ork Gorge. Rich has been a long supporter of the I-lighlands Nature ~anctuar~, and has w0rthil~j demonstrated his commitment to wiJclemes5 preservation over the 9ears. And ma..q we add, - his support came earl~ --well before we Were establbhecl and S.uc~.eSsful. Rich has a deep passion for protecting the lancl, · and he seems to have an inner sense for thc unseen potential, of Projects ancl initiatives, l-lc has also been ~xtremel9 active in expanclin$ r~c~eationaJ trails for non-~otorizecl use in our regionFpro~icli.ng rnuch-.eeded leaclership and vision in this r=aJm, cspeciall9 in his e~orts to fOun(~l a non-profit ' - ' organization clcclicatecl to the~e .~p¢cific go.als. " W~ think ~ich would be an excellent addition to ~our ~ouncil. And, as a land tr~s{ not unfamiliar with thc natural trcasu'~-¢s of'Collier Countg, ma..q we ta~e this dppor~unit¢ to wish 900 the best of ' fortunes in ~o.r Pr%e~vation ¢fiCorts. We can't th.M( of mann'.places.more worth~ of protection. _,~inccrel9, Nan%q--L,..~l_lenrg, Director 1 ' ' ~ FE B, 1' 1. ;~01]:~ r ® YMCA We Build Strong Kids, Strong Families, Strong Communities. December 20, 2002 Mrs. Susan Filson Executive Manager Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Dear Mrs. Filsom It is my pleasure to write this letter of recommendation for Rich Housh to be appointed to a volunteer position on a Collier County advisory board. Rich has served our YMCA as a volunteer member of our Board of Directors throughout my 6 ½ years as President/CEO of the Ralph J. Stolle Countryside YMCA. He has provided wonderful policy-making leadership to our organization over that time period. Rich has taken his volunteer board position seriously, with regular attendance at board meetings and YMCA functions. His participation in our most recent capital expansion (90,000 sq. ff. addition in 2001) as a board member and member of our building committee, was instrumental in saving our YMCA construction costs and bringing the project in on time and under budget. You will have a passionate volunteer if you select Rich Housh. I recommend him highly! Since~ly Yours, _ . President/CEO FEB 11 2003 Ralph J. Stolle Countryside YMCA ~ 1 699 Deeffield Road · Lebanon, Ohio 45036 Phone: (513) 932-1424 · Cincinnati Line: (513) 621-3106 · Fax: (513) 933-9390 · Web Page: www. countrysideymca.org YMCAMission: To put Christian principles into practice through programs that build healthy spirit, mind, and body for all. HIGHLAND COUNTY FAMILY YMCA P. O. Box 124 Hillsboro, Ohio 45133 December 20, 2002 Mrs. Susan Filson Executive Manager Board of County Commissioners 3301 Tamiami Trail East Naples, Fl. 34112 Dear Mrs. Filsorg Please regaxd this letter as an unqualified recommendation on behalf of Mr. Rich Housh for his assignment as a volunteer member of the Collier County Advisory Board that recommends the purchase of environmentally sensitive land to protect it from development. I have worked professionally for over 13 years at three different YMCA's and never encountered a more passionate and influential volunteer. Rich and Jennifer Housh's contribution to our Association, and his subsequent involvement on our YMCA's Board of Trustees, are the primary reasons why the Highland County Family YMCA's beautiful $3.8 million new facility will open in February 2003. Rich has also worked diligently, without any fanfare, to garner the support of individuals who have the resources and financial means to improve the quality of services and opportunities to enhance the quality of life for all Highland County residents. Rich's involvement with another fledgling Highland County non-profit organization, Highland Trails, is excellent indicator of his commitment to causes that protect the environment and improve the quality of life for area residents. Rich made the initial contribution that enabled this new organization to flourish, worked quickly to gather political support locally and with the National Rails to Trails Association. It is not an exaggeration to state that Rich's leadership has enabled both the Highland County Family YMCA and Highland Trails to succeed in meeting organizational goals that others thought were unattainable. Rich pursues his passions 'full-throttle', and is a wonderful ambassador for causes he supports. While I am biased because of the positive impact Rich has had in less than a year in Highland County, I know that any entity that he champions will prosper from his alliance. Please contact me at 937-840-9622 should you require additional information or other contacts from Highland County. Sincerely, Paul Waldsmith Executive Director ....... Body No. !~! FEB 1I 200 We build strong kids, strong families, strong communities. 12/09/2002 10:49 FAX 9417743602 BCC ~00! Board of County Commissioners 3301 East T~mi:~ml Trail Naples, FL ~4112 (941) 7748097 Fax: (941) 774-3602 Application for Advisory Committees/Boards ~ard or Comm~ ~p~d for: ~- 0 ///~ ~ ' Ca~o~ (ifa~limb~): ~ ~m ~ ~, ~m~td~ ~y ~m, ~ A~ you a r~bte~ vot~ ~ Colbr Co~ty: Y~ ~ No,, you ~ntly ~M pubflc o~e? Yes No _ ~ ,, ~ ~ ~ ~ or ~ ~ ~~ on a C~r C~n~ ~ ~~T Ym No IM~tse list your eommutty a~tvities (civic chtb_s,.ne~hborbeod as~ocittiom, etc. ami posftJons DEAN HUFF 2143 pine Woods Cirde Naples, Florida 33942 ?h.: (813) 649-7 $ Dean al~ organi.~d and chaired 12armland Brokeds mee~qngs on the average of every 3 to 4 rimes a year for the North ~owa area. The value of these meetings was to market idem, exchange Lirrings (commcrdal, farm & acre- Having grown up on the farm and engaged in farming for many years, he knows the land.. Farm land sales and Dean Huff certainly are one and the same. Farmers from all around the area seek his advice. No one could have a moreprovon track record than Dean Huff when it comes to farm manage- ment and sales. Other accomplishments and achieve- ments are the following: Dean Huff, Realtor and Preddent of Dean Huff Realty, rm., Maim City, Iowa, has been in the realty for the part 28 years. Dean has an offim h d, on experience in selling Iowa farm land and commerciaI propeny. Some years ago Dean was honored by the Farm and Land _rmlituto at their National Convention in the ritl~ or dedgnaeion of an discred- ited Farm and Land Member. Such cdkn in Ids Dean has served in many capacities - most reC~nt/y s~rved as ~ pradd~t of the Re~ Land Iast/- tute of Iowa. Dean also served for tral yea~ on the legislative committee (~overn~rt~.~ttal affair~ ~) of the 2. Served stven years on the Mutual Federal Savings & Loan Board of Dirtctwa in Mason City, Iowa. 25years of auctkrneering with well over lO0 $ales some ytars. Sold at auction personal property and real estate property in Minnesota, Missouri, Ohio and Colorado. 3. Sold Piomcr seed corn for nine years while residing on the farm. 4. Dean Huff is licensed in Iowa, North Dakota, Minmsoca and Florida. Memberof: N.A.K. 1.2LIL F.L.I. Designation ILL. C. - G. tCI. 1, 2 &: 3 Though Dean has had a bury lift, he and his wife Hdtn plan to reside ptrmanontly in Nap , children with thdr families who live in the Midwtst. ~ ~ ~,l~p/f3?r ~M TEB 11 2003 Pg .~ PERSONAL PROFILE 60MMERCIAL DIVISION When Dean moved lo Naplcx, Fh)rida in i t}~9, ~vid~ his with, Helen. fi'om Mason Ciiy. Iowa. hc hrim~hl alon~" more than thc usual /ICCtlllltllaliai tit' l~rsonal memories anct ~longmgs. Dean ;dso brought his enommus Fmlblio of exl~rience as a s~ciatis~ in the land brokerage prol~ssion. For 28 yea~. ~m~ handled sal~ in farm land and commercial prn~ny as a mai estate B~cr. in lqT~ he launched his own company. Dean Huff Really. whe~ he ~,~,ed a~ President. Dean's work ex~rience is ma~ched by his su~rior educalion alld involvement in protbssional real cslalc or~anizatio~ls. As an Accredited Land Counselor tALC) and a G~aduatc of thc RcallorLs Institute tGRI). Dean can provide his clients with int~rmation on kind investments. lan .shellers. creative fin~ncin,, and fim~ management. uean's afl'ilial~ons wllh I~e ~311ollai Ass~mBon ol Realtors. Florida Asst~iatio~ o!' Reallo~ and thc Farm & Land lnslilute keep him up-lo-date on lhe blest developments in real estate. Dean is a transl~r from one of the largest Commercial Real Estate companies in Napies. where he was ctmsistently a trip producer. Naturally. D.~ is pleased to m'l~r y~m thc ~rvict~ of Dean C. Huff. ~an is an experienced prol~s~ionai dedicated to client getvice, with ~5 years in Ihe real estate business. ~ha~ .vafis~'ed orients have to .var ... "[~,"t, 're j~ltrcha.¥ed xtTertt/.,l~lrnl,x' (,~ver J .2(X) oc/'('.~ L.t~'onl ~'~l/I ... ~s,(, have nerer ]¢t,¢'ll di,vtq~l~OtltlCd .../lc 'x very klum'lcd.~eaDie." .lack %chultz, Agracet Pre:4dem. ~ffin~ham. iL "! helve, it,vt'ti' l.)c¢lll..~r /rtl, r¢,(tj C.~'I4IIC II'~.Ill,Vflt'IjOII.Y dlld IIJH'(IV.Y i}tfcII ~¢nat~r Ken .~¢ott. Clear '! t,,w Dean/o J~, a. i,dividmd who vtvs ottl IO ucvtnnpii,,'h denutndin.~ Rtuti.s, -- Dennis Fryer. P~sJdent nf thc Cormnercial Depanmenl Norwest Bank. Mason City. IA "! hm'¢ p,rchased sereral l~trccl.s'/'rtmt Dean ttttd phtt~ ro slav in hi.v btt.wt~e.s'.s i~tvc. 'the .service i .~et ix above reproach." -- AIIx~rt Bader, Gulfsl~re Boullvm'd. N~pJc:i. lZL "I ~'ontfluudlv look It, Deal: Hu. ff . fi,r the kntm,le,lRe trod e-rib, tiLde he htts tt, itl the ~',~nmt, r~.iai im,u~ettt prol~,r~'· hl&g'i;~es.v. His' aduice is inwduable.' -- J.D. Niccwonder. Naples. FL SUN REALTY -- 3757 TAMIAMI TRAIL NORTH NAPLES, FL 34103 :YE BEAITY. ING_ DEAN C. HUFF, ALC, GRI Realtor 35 Years Real Estate Experience DEAN C. HUFF is available in i~Js office al 3411 TamiamJ Trail North, to provide you with the orofesslonal serwce you need for a successful real es[ate [ransac;ion. Dean ci toll-lre~ RESIDE FEB 1I 2003 3411 Naple FL ~8103 Congratulations to Dean Huff Realtor Dean Huff of Mason City, Iowa was recently honored bY The I=arm and Land inetitutg a¢ a n~ Accredited Farm and Land Member. (AFLM). Farm and Land Institute President Carl Hertz;Iri(aht) awarded Huff {left) the designation at the Farm and Land Institutes National Con- vention recently held in Anaheim, California. The AFLM designation represents professional excellence. To receive this degree the following seminars and c:t3tJrRe~ mtJRt he attended and r. nrnr31~.t~d h¥ written exam. ination. Ex::~a~,.qin!t Farms, Ranches & other Rural Properties F~_der.-~l T~x~.~ and HnvJ thP~' PPrtnin fn R~R! ~t2te Pl~nnmg your Personsl Estate. How to Establish the Market Value of A~ricultural Land_ Agriculture and Urban Land Broke~a¢~e. A B C's of Estate Planning. G R I Courses 1. 2 & 3. Co n do m i n ~ u m Conver si on. Additional training sessions and seminars were attended. Time and travel is reauired to accomolish the.AFLM desianation. The time ,period for Mr, Huff to achieve this instruction in superior education and pro- fessional excellence in Ihe land brokerage profession has taken a number of years (5). The AFLM offers a continuing educational pro~i, ram for its members and Mr. Huff will be taking advantage of these programs information on: Exchan.qmg Investing Tax Shel[er's FEB 1 I 2003 AFLM Aw~d,~ Committee Board of County Commissioners 3301 Ezst Tami~mi Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 ?..~: Application for Advisory Committees/Boards '7 '7..~' - 0.~-6 [ Cat~ory (if applicable): Ar~ yon a l~gbter~d voter i~ Collier Comfly: Yea ~" Do yon cnrr~ntly hold publi~ off. e? Yes No lfso~ ~t is ~ al~e~? No (-'oOA,'C i L Pleoze list yo..UF community ,etivifles (civic clubstueigh ,b~._rho~..d .ssocittion~ ,tc:..~mnd ,p~sitJons held: DR. DANIEL F. JACKSON 3323 GUILFORD COURT NAPLES, FL 34112 239-775-0561 E-mail dan~t~naole$.net Dr. Daniel F. Jackson resigned from Louisiana State University (LSU), Institute for Environmental Studies as Director and Professor in June, 1986 to be full time Caregiver to his Alzheimer's Diseased wife. Prior to Joining LSU, Dr. Jackson was Director and Prof., Div. of Env. Technology and Urban Sys.. at Florida International University (FLU), Miami, FL as well as Founder and Director of the University's Drinking Water Quality Reseamh Center (1973-78). At FlU he was responsible for four academic units, Environmental Planning, Water and Waste Management, Urban Systems, and Environmental Health. Dr. Jackson has been associated with Florida's aquatic ecosystems for 30 years. For 10 years, Dr. Jackson was a Full Professor in the Environmental Engineering section of the Dept. of Civil Engineering, School of Engineering, Syracuse University (1963-1973). Some other positions held by Dr. Jackson include Hydrologist, U.S. Army Corps Engineers, (1950-53). Director, Charles C. Adams Center of Ecological Studies, Western Michigan University, Kalamazoo, MI, (1955-59), Associate Director, Potomological Institute, University of Louisville, Louisville, KY, (1959-1963) and Environmental Education Director, Collier County Audubon Society (1978-82). Dr. Jackson has received many awards for his teaching-research- community forte including the 1963 Rotary International award for the 'Advancement of Science in the State of Kentucky"; the 1973 'Distinguished Service Award" from Syracuse University; the t977 "Recognition Award" from FlU, and the 1984 'Leadership Award" from LSU. Dr. Jackson has been Involved with numerous undergraduate and graduate courses and research conceming environmental issues. He has been the major professor for 39 M.S. degrees and 21 Ph.D. degrees. His Ph.D. degree is from the SUNY, College of Environmental Sciences (1957) in limnology. In Nov.,2001 he was honored with a Resolution Diploma from The Onondaga Lake Scientific Forum of Central New York for his "leadership, scientific endeavors, and community service". Dr. Jackson has published over 100 scientific papers and reports including 15 books. He was Chairman of State of N.Y. Dapt. of Health Advisory Committee On Algae and Related Problems (1968-73) One of his major studies, 'Removing Potential Organic Carcinogens and Precursors from Drinking Water' was published by the U.S. Environmental Protection Agency. This publication was a result of an $890,000 EPA project Dr. Jackson designed and administered at FlU. Dr. Jackson organized and directed two International Conferences.on AlgaH NATO sponsored program 'Algae and Man'(1962) and a conference supported by NY STATE ' Algae, Man and the Environment' (1968). Dr. Jackson was a charter member of the USFWS Manatee Recovery Team. Dr. Jackson has obtained and directed over $6,000,000 in research grants/contracts. Dr. Jackson and his wife, Dr. Bettina B. Jackson,' traveled to t 19 countries. Dr. Bet/ina Jackson died February, 2002 FEB 11 ZO 3 12/23/02 ~0N 2~:28 FiX 1 941 352 6398 Dec 1S 02 O3:03p Sue Filson GOLDEN GATE CARRIER AN! p.! ~001 Board of Cotm~' Commissioners 33~! Ea,~t Tamiami Trail Naples, FL 34112 (94]) 77~1097 Fax: (941) Application for Advisory. Committees/Boards Ca~o~ (if applicable): Are ~ a ~ voter il Co~r Comm~: Y~ ~ No Do you cu~ently h~d pnbUc olde? Yes No Do you ~' ~, ~ ~ ~oa ~ 5e~ ~ a C~l~r Co~dy ~ ar c~mlt~? Yes Please If~! yom, community activities (cJvi: clubs, neighborhood ass~ciatioas, et~_ and.JMsitioe~ Education: ?..A~a ~At ~'1.1~'~-'?~ t~-- PCfgLiC ~._,¢"~',S', AGEI~A/~TE" .o. FEB 1 1 Z003. Oilier County Home l BCC.] Application Ior Aavlsory ~.umu~u..,~, B°ard 0f C°unty 'C°mmissi°ners . Naples, FL 34112 Fax.·· (239) · -' APPliCatiOn 'fOr Advisory Committee/Boards Are'~Ou a re, sro.red voter in (~.oiliel~.COu-t¥-'. YeS. ~/' l~lo · Ilo yOU currently hold'public bfflee'?' Yes. .]No ~ If'sO; watt is ttmt oft'~e ? : .' DO Fou now serve, or have'you ever sereed,'on a Collier County board % ·pl~atSm list tlte.~ommittt~s~l~ard~ p 'lease li~. your · position~ held: :ommunity activities (Civic Clubs~ neighboorhood associations, ete.) and : ~c~Xt~ct~r· a~ ',r-~ck~+ ,~r~slct~nt- ~ro?~r~9 · .'" Tei'C,P,ls ~ck4nv-,. C. or~~-e. . 0 '' - ~xluCStion:.. :. ... A'GE ~0]~1~ ITEM .. FEB I I 2003 12/13/02 Board of County Commissioners Page 1 of 2 Board of County Commissioners 3301 East Tamituni Trail Naples, FL 34112 {941) 774-8097 Fax: {. 41t 774-3602 Application for Advisory Committees/Boards Are you a registered voter in Collier County: Do you curr~atly hold public office? Ye~ If so, what is that office? Yes ~ No No ~ Do you now serve, or have you ever s~rved, on a Colher County board or committee? Yes plcas~ list the committees/boards: No If yes, Please I~'your cgmmuni~ ac,tiviti~s {civi~c clubs, ne~ghb~,rhoq, d. asso~i~tio~, % 12/11/2002 Willis P. Kriz 770 Waterford Drive, # 303 Naples, Florida 34113 239-732-1982 SUMMARY Thirty-five years experience in managing and implementing land acquisition programs throughout the United States for the National Park Service and the U.S. Army Corps of Engineers. Experience includes dealing with private property owners, public interest groups, land conservation organizations, corporations, Federal and state agencies, members of Congress and news media. Thoroughly understand all facets of land acquisition including prioritizing, planning, budgeting, tide evidence requirements, appraisal methodologies, negotiations and various methods of acquisition. EXPERIENCE National Park Service - Washington Headquarters Office, Washington, D.C. Chief, Land Resources Division July 1979 - May 1994 Managed the National Park Service nationwide land acquisition program: · Developed a priority system for determining the order in which lands were to be acquired. · Established land acquisition policies and procedures for implementation throughout the National Park Service. · Supervised an immediate staff of 30 and coordinated implementation of the program with the Service's regional offices. · Prepared annual and multi-year budgets of 40 to 100 million dollars. · Testified before congressional committees. · Directly participated in numerous major acquisitions, including the following examples: - Acquisition in Collier County, Florida, of 83,000 acres in the Big Cypress National Preserve as well as substantial acreage for the Florida Panther Refuge and the Ten Thousand Islands Refuge in exchange for Portions of the Phoenix, Arizona, Indian School - Settlement of the legislative taking of the 1978 addition to Redwood National Park, California, at more than one billion dollars - Acquisition of a conservation easement over 1,000 acres of the JY Ranch in Grand Teton National Park, Wyoming, through a multi-party land exchange for federally owned coal interests elsewhere in the state -- Multi-million-dollar purchases of Santa Rosa Island and portipns-o£ ' Santa Cruz Island in Channel Islands National Park, California -- Settlement of the condemnation of North Manitou Island in S!eeping Bear Dunes National Lakeshore, Michigan FEB I 1 i ITEM ZO0 Continued Willis P. Kriz Page 2 National Park Service - Southeast Region, Atlanta, Georgia Chief, Land Acquisition Division Sept. 1972 - July 1979 Managed the region's land acquisition program with annual budgets of 20 to 45 million dollars. Directly supervised a staffof 12 to 15 as well as several field offices, including one of more than 100 employees in Naples, Florida, for acquisition of the Big Cypress National Preserve. Negotiated an agreement with the State of Florida Department of Natural Resources establishing how the State's 40-million-dollar contribution to the acquisition of the Big Cypress National Preserve was to be used. Personally negotiated or oversaw major acquisitions at Everglades National Park, Big Cypress National Preserve, Gulf Islands National Seashore, Florida and Mississippi; Blue Ridge Parkway, Virginia and North Carolina; Cape Lookout National Seashore, North Carolina; Canaveral National Seashore, Florida; Cumberland Island National Seashore, Georgia; and Chattahoochee River National Recreation Area in the suburbs of Atlanta, Georgia, among others. National Park Service - Washington Headquarters Office, Washington, D.C. Assistant Chief, Land Acquisition Division Oct. 1971 - Sept. 1972 Evaluated performance of regional and field land acquisition offices. Evaluated acquisition priorities for park units receiving appropriated funds with the aim of insuring that those funds were used to maximum eff'ectiveness. Provided guidance to field offices on technical policy and procedural questions. National Park Service - Point Reyes National Seashore, California Land Acquisition Officer April 1970 - Oct. 1971 Acquired land for the national seashore. Personally negotiated purchase of numerous parcels including l 5 ranches of 1,000 acres or larger and valued at over one million dollars each. Provided for continued operation of several dairy ranches through innovative reservations of use and occupancy while providing for public use of prime recreation sites. National Park Service - Western Service Center, San Francisco, California Realty Specialist March 1966 - June 1967 & Oct. 1969 - April 1970 Negotiated purchases of land, obtained and reviewed title evidence, arranged for closing and participated in new area studies throughout the western half of the United States. National Park Service - Western Region, San Francisco, California Realty Specialist June 1967 - Oct. Managed the region's "Inholding" program, i.e., acquisition of non-Federal land within Park System units established before July 1959. A major accomplishment during that p the disposal of lands not needed for park purposes in exchange for critical parcels owne, State of Washington in Olympic National Park. '69 A G E~D)~ ITEM dod was bytl[o~D I I 200~} Continued Willis P. Kriz Page 3 National Park Service o Midwest Region, Omaha, Nebraska Realty Spedalist Nov. 1965-March 1966 Acquired lands in Midwest Region parks. (An interim assignment pending organization of an Office of Land and Water Rights in the Western Service Center) U.S. Army Corps of Engineers - Omaha District, Omaha, Nebraska Realty Specialist (Trainee) & Realty Officer August 1959 - Nov. 1965 Learned the land acquisition business fi.om seasoned professionals. Negotiated purchases and performed related functions in the acquisition of land for dams and reservoirs, river channel improvements, Army and Air Force missile sites and miscellaneous military and civil projects. AWARDS Meritorious Service Award, U.S. Department of the Interior, September 4, 1992 1989 Cornelius Amory Pugsley Medal for Outstanding Leadership by a Professional Park Administrator at the National Level presented by The American Scenic and Historic Preservation Society on April 17, 1989 Several Special Achievement Awards by the National Park Service EDUCATION B.S. in Agriculture, University of Nebraska, 1956 Numerous on-the-job training programs PERSONAL Year-round resident of Collier County since 1994; married, three grown children; honorably discharged in 1964 fi.om U.S. Army Reserve with rank of captain; retired from the Federal government in 1994; perform occasional consulting work on land ~ssues involving national parks. REFERENCES - Nathaniel P. Reed, former Assistant Secretary, Fish and Wildlife and Parks, U.S. Department of the Interior, and former Chairman, South Florida Water Management District Board of Directors, 772-546-2666 ." ';GENOA Randy Jones, Deputy Director, National Park Service, 202-208-4621 N o~ ' J' Jack Morehead, former Associate Director, Operations, National Park Service, 8i)5-772-2355 FEB 11 ~ITEM 20O3 Coli:,er County Home I BCC I Application for Advisory Committees/Boards Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Application for Advisory CommltteefBoa Name: Carl J. Kuehner HomePhone: 434-2305 Home Address: 1537 Gordon Drive, Naples, FL ZipCode: 34102 FaxNo. 434-731 8 BasinessPhone: 434-6001 ~mailaddress: j2g.t~gJ~l.com Business: Real Estate Technoloqy Corporation Board or Committee Applied for: Conservat ion col 1 ier Catagory (ifappfi'cable): Real Estate Developer/Investor Example: Commission District, Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County: Yes XX No Do you currently hold public office ? Yes No XX If so, what is that office ? Do you now serve, or have you ever served, on a Collier County board or Committee? Yes XX No If yes, please listthe committees/boards: 1 ) Select Committee on Community Character; 2) Affordable Housinq Committee: and 3) Homel~.s-~ havisnry committee. Please list your community activities (civic clubs, neighboorhood associations, etc.) and p0sifi0nsheld: Member of the Board of Directors of: C~rpa~r Napl~ Leadership; The Forum Club; and a former member of the Greater Naples Civic ~ssociation- Mombor of ~h~ C.i~y mf Na?loq mlanndng Advisory Board for 3 years, Education: B.S. in physics from the University of Scranton_.' and M.S.E. in enqineerinq from the University of ponnsy]vania- Experience: please http://colliergov.org/bcc/advisory%20applicati°n'htm FEB 11 2003 12/8/02 RESUME OF CARL J. KUEtlNER 900 Broad Avenue South; Unit//242 Naples, Florida 34102 (941) 434-6001 - Office (941) 434-7318 - Fax 1022 Main Street Flshkill, New York 12524 (845) 896-2303 - Office (845) 896-2329 - Fax EDUCATION June 1962 August 1964 Bmghelor of Science, Physics, conferred by the University of Scranton Master of Science, Engineering, conferred by the University of Pennsylvania VOCATIONAL EXPERIENCE: September 1989- Present July 1982- September 1989 Real Estate Technology Corp., Naples, FL Position: President Relocated to Naples, Florida in September 1989. Shift of emphasis from project development to investment in existing properties. Concentration on waterfront and golf course sites. Connecticut affiliate continues to develop residential and commercial projects, as well as managing existing investments. Real Estate Technology Corp., New Carman, CT Position: President From 1982 to 1989 acted as a principal in numerous real estate development transactions. Emphasis on historic adaptive reuse projects involving approximately 400,000 square feet of multi-family residences and office space. Expert in land packaging and project de~ ~lnpm~nt 7 limited partnerships, and raised approximately $10,0~ capital. ~0,00(~ 6~,L~L~'~TM No. '"'~!.1 '3 FEB 1 1 2003 Carl J. Kuehner Page Two October 1975 - July 1982 Real Estate Technology Corp., New Canaan, CT Position: President This Corporation was chartered to do real estate consulting, packaging and development. It devdoped a clientele of substantial financial institutions, public and private companies, as well as a number of wealth individuals. In addition to providing a nationwide consulting service, as principal, a number of properties were purchased and sold, and a subsidiary corporation was involved in active development, construction and rehabilitation, during the same time flame. In July 1982 consulting activities were phased out and full time was devoted to development and construction. November 1971 - October 1975 Comprop Equities Corp., Mount Kisco, NY Position: President In 1971 formed Corporation with two partners to do land investment, packaging and construction. During a four-year period purchased and resold 20 parcels of land, obtained 10 major zoning changes, constructed and sold 3 condominium projects and one single-family home development. Worked closely with project architects, bankers and attorneys to process all aspects of these developments. Intimately familiar with responsibilities of operating a corporation doing $5,000,000 per annum in gross business. Sold out interest to partners to pursue consulting practice. June 1969- November 1971 Paul Burchnmn, Inc., Mount Kisco, NY Position: Vice President Operated a general real estate investment and brokerage business in the metropolitan New York area. Specialized in the acquisition and packaging of land for resale. Purchased and sold several million dollars worth of real estate in this time period. In addition, prepared appraisals on all forms of real estate and acted as a consultant to major land holders. Mevgerl 1 1 2003 Carl J. Kuehner Page Three August 1966- . June 1969 IBM Research Center, Yorktown, NY Position: Research Staff Member As a member of the research staff; participated in the design of an advanced multi-processor computer system. Worked primarily in the areas of dynamic storage management systems and computer systems simulation. Assigned for a period of six months as a consultant to the Time-Sharing System/360 Group. With one other individual, redesignated the dynamic storage management system for the System 360 Model 67/T.S.S. August 1964- August 1966 U.S. Army Electronic Command, Fort Monmouth, NJ Position:- First Lieutenant Assigned to the Communicationa/A.D.P. Laboratory as an Automatic Data Processing Operations Officer. Joined a study team investigating the practicality of a modular computer organization in the Army Tactical Fire Direction System. Co-authored two technical progress reports coveting various aspects of computer multisystem operation. Assumed leadership of this project, directing both the internal study team and several professional consultants. Work included; computer simulation ofa multiprocessor and a multi- computer system organi?afion, development of a cost model, and preparation of a final comprehensive report. June 1962 - August 1964 U.S. Naval Air Development Center, Johnsville, PA Position: Staff Scientist Two years association with Anti-Submarine Wad'are (A.S.W.) detection systems, particularly magnetic ah'borne detection. Participated in the developmmt, of the AN/ASQ-81 Metastable Helium Magnetometer for fixed-wing aircraft. The scope of this position ranged fi.om the specification of technical requirements to the flight tests and evaluation of the subject system. FEB 1! 2003 Carl J. Kuehner Page Four LICENSES: Licensext Real Estate Broker, States of.' Florida, Connecticut, New York and Pennsylvania PATENT: "Hierarchial Memory Updating System" Docket Y 90-68-039 PUBLICATIONS: 1. "Alchemy or Adaptive Reuse?", Connecticut Architect and Specifier, Vol. 3, No. 1, April 1990. 2. "On Magnetotelluric Variations", Masters Thesis, University of Pennsylvania, August 1964. 3. "Dynamic Storage Allocation System", Communications of the. A.C.M., Vol. 11, No. 5, May 1968. 4. "Demand Paging in Perspective", Proceedings of the 1968 Joillt Computer Conference, Vol. 33, December 1968. 5. "Dynamic Space Sharing in Computer Systems", Communications, of the A.C.M. Vol. 12, No 5, May 1969. PERSONAL: Date of Birth: October 14, 1940. Height: 5'10". Weight: 175 lbs. Health: Excellent. Marital Slams: Married, four childre~ ITEM FEB 1 1 tO )3 pg .'~ 3/1/01 DEVELOPMENT BACKGROUND OF CARL J. KUEHNER ADAPTIVE REUSE DEVELOPMENTS Project ~Danbury Mill" "Clocktower Close" "Beacon Mill Village" "Waterside" "Clocktower Self-Store" "Corset Factory" "Windemere" Location Oil Mill Road Danbury, CT Grand Street Norwalk, CT Main Street Beacon Falls, CT Pearl Street Norwalk, CT Grand Street Norwalk, CT Ann Street Norwalk, CT Broad Street Stamford, CT No. of Units/S~F. 41 132 183 + 15,000 50,000 13,000 80 71 Involvement Partner Partner Parmer Partner Partner Partner Partner AFFORDABLE HOUSING DEVELOPMENTS Vroieet "Sanders Pines" "Timber Ridge" Location Sanders Pines Circle Immokalee, FL Carson Road lmmokalee, FL .1 No. of Units/S.F. 40 58 Inv°lvemem Consultant Consultant AG F--~l~t~ ~ T E M FEB 1! 2003_ Pg-~ COMMON INTEREST COMMUNITIES. "Kensington Woods" "The Preserve" "Arbor Glen" "Sterling WoOds" "Stonebridge" "W'fiton Hills" "Apple Blossom" "Turtle Head" "Village Square" "Fox Hill" Village in Mt. Kiseo" "Shepherd Hill" "Canaan Woodlands" "Elmerest" "Hidden Quarry" Location Larson Drive Danbury, CT Schoolhouse Road Walling~ord, CT Leeder Hill Drive Hamderh CT Nabby Road Danbury, CT Wilbur Blvd. Poughkeepsie, NY Danbury Road Wilton, CT Tamarack Avenue Danbury, CT Pelham Road W'flton, CT Park Avenue Danbury, CT Cedar Avenue Poughkeepsie, NY Barker Slxeet Mto Kisco, NY Old Brooidield Rd. Danbury, CT Fair Street Carmel, NY Main Street New Canaan, CT Route/t82 Fishkill, NY Q~finn'.mi~ Avenue New I-I~ven, CT 2 No. of Units/S.F. 120 34 50 358 120 18 32 12 131 110 72 160 150 2 156 141 Involvemem Partner Partner Partner Parmer Partner Partner Partner Partner Partner Partner Partner Partner Partner Partner AGEh~a~ITEM FEB 1 1 2003 Proiect "Southfield" "Smith Ridge" "Hunter's Glen" "The Enclave" "Brewster Woods" "Chatsworth" "River Bend" "Barclay Commons" Location South Street Danbury, CT New Norwalk Road New Canaan, CT Fair Street Brewster, NY Main Street Danbury, CT Grumman Hill Road Wilton, CT Blackberry Drive Brewster, NY Route No. 22 Brewster, NY Oregon Avenue Washington, D.C. Newtown Road Danbury, CT S. Water Street New Haven, CT E. Hayestown Road Danbury, CT SINGLE FAMILY SUBDIVISIONS Project "T~e Fairways". "Maguolia Farms" Location Skyview Circle Hamden, CT Dowries Road Hamden, CT Route #9D Fishkill~ NY 3 No. of Units/S.F. 77 10 176 36 48 156 50 80 54 300 106 No. of Units/S.F. 23 16 32 Involvemem Partner Partner Partner Partner Partner Consultant Consultant Consultant Consultant Consultant Consultant Involvement Parmer Partner Partner FEB 1{ 2003 ~Oicct "Spring Woods" "Muirfield" "Clubhouse Estates" "Timber Ridge" "Chestnut Hills" "Fox Hill" "Hillside" "Carmel Development" "Brittany Quarter" "The Ponds at Plymouth" "Emerald Green" Location Gerdes Road New Canaan, CT Muirfield Circle Naples, Florida Clubhouse Road Brewster, NY Lasky Road Beacon Falls, CT Chestnut Avenue Middletown, NY Edella Road Clarks Summit, PA Capitola Road Danbury, CT Route #6 Carmel, NY Foster Knolls Dr. Joppatowne, MD Bourne Road Plymouth, MA Route # 17 Monticello, NY No. of Units/S.F. 49 24 28 40 32 4 7 178 850 3,000 Involvement Parmer Partner Partner Partner Partner Partner Partner Consultant Consultant Consultant Consultant OFFICE PARKS Vroject Corporate Center" Location Briar Ridge Road No. of Units/S.F. 190,000 Involvement Partner 4 AGF--rN~TEM No. FEB 1 1 2003 MIXED USE DEVELOPMENTS Project "Stonehouse Location Route #7 Ridgefield, CT No. of Units/S.F. 26+ 17,000 Involvement Partner SELF STORAGE FACILITIES Pro~ect "A-1 Self Storage" "Ace Self Storage" Location Hamilton Avenue Stamford, CT Winthrop Avenue New Rochelle, NY No. of Units/S.F. 30,000' 45,000 Involvement Partner Parmer SITE PLAN APPROVALS "Kensington Woods" - 120 unit condominium - Larson Drive, Danbury, CT (Partner) "The Preserve" - 34 unit condominium - Schoolhouse Road, Wallingford, CT (Partner) "Arbor Glen" - 50 unit condominium - Leeder Hill Drive, Hamden, CT (Partner) "Fox Hill" - 500 unit condominium - Cedar Avenue, Poughkeepsie, NY (Parmer) "The Village in Mount Kisco" - 72 unit condominium - Barker Street, Mount Kisco, NY (Partner) "village Square" - 131 unit condominium- Park Avenue, Danbury, CT (Partner) "Spring River" - 80 unit condominium - Ferry Boulevard, Stratford, CT (Partner) "Timber Ridge", - 49 unit condominium - Romes 128 and 117, Mount Kisco, NY (Partner) "Spring Meadow" - 125 unit condominium- Ulster Avenue, Ulster, NY (Partner) "Hunting Ridge" - 800 unit multi-family project - Route 6, Peekskill~ NY (Partner) "Apple Blossom" - 32 unit condominium- Tamarack Avenue, Danbury, CT (Partner) AG~._I TEM FEll 11 ZOO3 3:% , "Grumman Hill Village" - 48 unit planned developmem - Grumman Hill Road, Wilton, CT (Partner) "Wilton Hills" - 18 unit planned development - Danbury Road, grflton, CT (Partner) "Fox Run" - 320 unit multi-family project o Vassar Road, Poughkeepsie, NY (Partner) "North Ridge" - 107 unit eondominh~m - Padanaram Road, Danbury, CT (Partner) 'The Village Center" - 98,500 sq. ft. commercial complex - Route #17A, Florida, NY (Partner) "Harbour Landing" - 300 unit condominium - South Water Street, New Haven, CT (Partner) "River Bend" - 54 unit condominium - Newtown Road, Danbury, CT (Partner) "Shepherd Hill" - 160 unit condominium - Old Brookfield Road, Danbury, CT (Partner) "Danbury Mill" - 41 unit condominium - Oil Mill Road, Danbury, CT (Partner) "Clock-tower Close" - 132 unit condominium - Grand Street, Norwalk, CT (Partner) "Clock-tower Vista" - 61 unit condominium and 52,000 s.f. office complex - Tindall Avenue, Norwalk, CT (Partner) "ESCO" - 18,000 s.f. adaptive office reuse - Ford Road, Westport, CT (Partner) "Beacon Mill Village" - 200,000 s.f. mixed adaptive reuse project - Main Street, Beacon Fa".% CT (Partner) 'Cherry Creek Close Filing #1' - 276 unit condominium- S. Parker Road, Aurora, CO (Partner) 'King's Grant" - 150 ,,nit condominium - Fair Street, Carmel, NY (Partner) 'Stonehouse Commons" - 26 residential units and 17,000 s.£ of office space - Route 7, Ridgefield, CT (Partner) 'Stonebridge" - 120 unit townhouse community - W'flbur Boulevard, Poughkeepsie, NY (Partner) "The Enclave" - 36 unit condominium - Main Street, Danbury, CT(Panner) ., A~F~[~ I2FEM NO · ~-~1 I~- FEB l! 2{103 6 pg. ~ 'Huron" - 750 unit multi-family project - 88th & Huron Street, Thornton, CO (Consultant) "Huron" - 180,000 sq. ff. commercial complex - 88th & Huron Street, Thornton, CO (Consultant) "The Preserve" - 34 unit condominium - Schoolhouse Road, Wallingford, CT (Partner) "Kensington Woods" - 120 unit condomini~am - Larson Drive, Danbury, CT (Partner) SUCCESSFUL REZONING EFFORTS "Kensington Woods" - 120 unit condominium - Larson Drive, Danbury, CT - 32 acres - Change fi'om industrial to multi-family (Partner) "Ridgebury Vistas" - Briar Ridge Road, Danbury, CT - 32 acres - Change from industrial to multi-family (Partner) "Fox Hill" - Cedar Avenue, Poughkeepsie, NY - 37 acres - Change fi'om 180 - 500 units (Partner) "Timber Ridge" - Routes 128 and 117, Mount Kisco, NY - 7 acres - Change from commercial to multi-family (Partner) "Hunting Ridge" - Route 6, Peekskill: NY - 74 acres - Change fi'om 300 - 800 units (Partner) "Fox Run" - Vassar Road, Poughkeepsie, NY - 94 acres - Change l~om 180 - 320 units (Partner) "Cedar Avenue" - Poughkeepsie, NY - 2.5 acres - Change fi'om 10 - 36 units (Partner) 'Spring River" - Ferry Boulevard, Stratford, CT - 7 acres - Change fi'om 28 - 88 units (Partner) "Spring Pond" - Route 134, Ossining, NY - 14.5 acres - Change fi'om 30 - 108 units (Partner) 'Spring Meadow~ - Ulster Avenue, Ulster, NY - 12.5 acres - Change fi'om 25 - 125 units' (Partner) ~North Ridge" - Pa_danaram Road, Danbury, CT - 10.5 acres - Change from commercial to 107 units (Partner) "The Village C. emer" - Route #17A, Florida, NY - 8.5 acres - Annexation and rezoning to commercial -- ~1I Jill (Partner) AGE~.~TEM FEB OD3 "Harbour Landing" - South Water Street, New Haven, CT - 17 acres - Change bom 108 to 300 units (Partner) "River Bend" - Newtown Road, Danbury, CT - 5 acres - Change from industrial to 54 units (Partner) "Beacon Mill ¥illag¢" - Main Street, Beacon Falls, CT - 8 acres - Change from industrial to Planned Adaptive Reuse Distrk:t (Partner) "High Ridge" - Country Ridge Road, Danbury, CT - 12 acres - Change from single family residential to multi-family (Partner) "Cherry Creek Close" - S. Parker Road, Amora, CO - 70 acres - Change from agricultural to 770 multi-family units (Partner) "King's Grant" - Fair Street, Carmel, NY - 50 acres - Change from single family residential to 150 multi-family units (Partner) 'Grandview Industrial Park" - Arrington Road, Grandview, MO - 100 acres - Change from residential to industrial (Consultant) "Timbers" - N.E. 24th Ave., Amarillo, TX - 25 acres - Change from single family residential to 345 multi-family units (Consultant) "Huron" - 88th & Huron Street, Thornton, CO - 63 acres - Change from low-density multi-family residential to commercial and high-density multi-family (Consultant) "Mountain Heights" - Chatfield Road, Denver, CO - 48 acres - Change from residential to PUD containing 360 multi-family units and 100,000 sq. ft. of commercial (Consultant) "Arm Acres" - 60 bed alcoholic treatment facility - Route #6, Carmel, NY (Consultant) "Executive Park" - 700,000 sq. ft. Industrial Park - Route #110, Farmingdale, NY (Consultant) REFERENCES Financial Professional and personal references can be provided upon request. No._--/t'l FEB 11 2003 ~ENT BY: ; 239 59t 3582; DEC-27-02 2:t9PM; PAGE 1/1 Z2/[0/2002 [[:4[ FAX 9417743602 BCC .. Board of County Commissioners Nap~, FL 34112 (941) 774-3602 Application for Advisory Committees/Boards catep-'7 (if q~die~bk): ...... Are yoe a m~bt~r~d voter bt ColOr Ceuaty: h yon cur~ ha pub~ o~7 Y. NO ,~ U~tb~~ ._ .. .,,~. · ;~ ' JJ AGENDA I/T-E ~ ~'C,,,d~,smb, bs,~ffaf Z,m~Amhmd Fr, d,~A~l,rZ I~j.,~rldd. j~mdJhxxff,~,~,a Mf~o · FEB 11 2003 t ~2/08/02 S~ ~4:$0 F.~X 2626905 SECOND_FL ~00! December 8, 2002 Mrs. Sue Filson~ Executive Manager Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Re: Advisory Committee Application Dear Mrs. FUson: I would like to apply for one of the following open Advisory Committee positions: Collier County Planning Commission · Workforce Housing Advisory Committee · Conservation Collier Land Acquisition Advisory Committee I believe my professional and personal experiences would assist me in becoming a valuable and contributing member to any committee to which I am appointed. For example, I have worked for both the public and private sector in fields either directly or indirectly related to each of the aforementioned committees. At present, I am an attorney with Bond, Schoeneck and King, P.A., focusing on land use, real estate, business and litigation matters. I have been affiliated with Collier County for approximately 18 yea~s and have lived here "full-time" for a year. I truly care about the issues that face Collier County and consider it my home. Lastly, I have attached my resume for your review and should you have any questions please feel free to contact me. Thank you for your time. V¢?tral/y ~Sh D. Lcbmann AGF L _ITEM No._ '! FEB 1 1 2003 12/08/02 SUN 14:~0 FA~ 2625908 SECOND_FL ~002 PAUL D. LEHMANN 3 Blucbill Avenue, Apt. 411 * Naples, Florida 34708 * Phone: (608) 346-5000 * plehraann~bsk, com EDUCATION/LICENSES University of Wfsconsin - Madi~on~ Law Schoo! Juris Doctor ~ Member of Yr'isconsin Environmental Law Journal cl Cargill Scholar (Study tour of China with 'UW-Business School) Saint Cloud State Univerr~. . BES Degree, Major: Biology ' GPA 3-5/4.0 December 2001 August 1996 Jurisdhrtion~ · Florida State Bar, aamittexl to practice * I~tsconsin Stale Bar, admitted to practice State of Wisconsin~ Law Enforcement $tam!~rds Board · State certified law enforcement officer EXPERIENCE November 2002 January 2002 November 1995 Bond~ $¢hoenecl~ & King, LLP Azsociate · April 2002 - June 2002, 'September 2002- Present Conduct legal research and prepare legal memoranda Client contac! File management, including billing and accounting Direct and coordinate a~aff Primarily work with Land Usc, Property, Business and Litigation deparmaents although assist with Tax and Trust administration. Walworth Count~ District Attorney's O[fiC~ UW-Prosecution Project Participant June 200 l- August 2001 · Appeared in court on a daily basis tbr a variety of court proceedings · Interviewed witnesses, dried briefs, motions and complaints · Contacted victims, wimesses and defense attorneys * Directed certain invc'.-tigations, reviewed police reports and made charging decisions · Held plea negotiations and coordinated restitution payments State atr Ffisconsin, Department of Jttvtice Civil Litigation Unit Law Clerk January 2001 - May 2001 * Drafted various briefs and motions · Conducted legal research dealing primarily with the constitutional issues that telate to prisoners and civilly committed aex offenders · Organized and indexed complex trial documents · Interpreted statutes and rules · Participated in workplace training and observed trials State of Nqsconsln, DeparOnent of Natural Re~ourc.- ~ Bureau of Legal Services Law Clerk · Conducted legal research and prepared legal memoranda Providexi legal interpretation ofstah,tes and rules · Contacted citizens and responded to complaints · Drafted department l~tt~r~ to assist with policies and procedures · Direr--ted, coordinated and led administrative rule hearings May 2000 - Sepmmber 2000 A fi E~I-T E M FEB I 1 2003 SL~ lA:S0 F.~LX 2626908 SECOND_FL ~ 003 12/08/02 State Conservation Warden January 1998 - September 2002 · Responsible £or management of station budgets · Coordinated station public relations with other agencies, citizens and volunteers · Conducted environmental inspections and enforced laws and rules · Acted as a court officer for the state and maintained court records Braun Intertec Corporation Project Manager/Environmental Scientist Manage project budgets · Coordinate site inspection schedule · Direct staff · Maintain client relationship March 1997 - December 1997 ~ En.lronmental Industries. Environmental Technician · Environmental Spill Response Coordinate billing mad assist with bidding jobs · Confined space entry · Manifest review September i996- February 1997 Un,ted States Coast Guard, Rescue AircrcwmanJPetty Officer Third Class · Certified Rescue Airerewman Certified Maritime Law Enforcernent Boarding Crewman · Qualified Small Boat Crewman · Forward Looking Infrared Technician July 1989 - April 1994 pERSONAL · Member of Professionals Organized for Leadership and Opporttmity (POLO) o A civic minded organization that provides scholarships for local students · Former member of Public Interest Law Founda6on, clinical program o Worked on behalf of insured persons during implementation of new health insurance regulations. Implemented volunteer "River Patrol" program to assi~ with enforcement of violations · Volunteered at Disabled Yeteran~' Fishing Outing Participant in a variety of athletic events FEB 1 1 2003 Pg. Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 7 Application for Advisory Committees/Boards Name:_Thomas Macchia Home Phone: 593- 4057 - Home Address:__5645 Eieuthera Way Code:34119 Zip Fax No. Business Phone: address:mmacchia3~Comcast, com e-mail Business: Board or Committee Applied for:_ Conservation Collier Land Acquisition Advisory Committee Category (if applicable): Example: Commission District, Developer, environmentalist, lay per, on, etc. Are you a registered voter in Collier County: Yes Do you currently hold public office? No If so, what is that office? Do you now serve, or have you ever served, on a Collier County board or committee? No If yes, please list the committee,/boards: Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: _President of TAG Taxpayers Action -- Group Education: BS Labor and Industrial Relations Experience: Fr~-m: j TO: Faxm~592-087'~' Dale: 1Z/I 3/102 Time; 14:02:2g Pa~e i of 4 JON L. MALLARD 153~0 WIMBORNE LANE · Naples, Florida :)4110 941-566.3514 !)cccmb~r 13, 2002 h[s. Sue Filson Executive manager Board of Counb' conmfissioncrs 33(11 Tamiami Trail East .-~z.?les, FL 34112 Via Fax: 774-3602 i~ar Ms. Filson: 4tl,'.,ched is my application to ~rve on the citizen's committee called Conservation Collier. If the a p[.!ication is circulated, I would appreciate it if copies of lift s letter would be attached. [ ;-efired from active real e~hate employ, merit a little over a year ago. i have been a resident of (;oilier CounB' £cr eleven years and was a resident of palm Beach County tbr twenty years prior t,- th,~t. I am a homeox~er and a taxpayer. In lieu ora resume, I would like to list certain of my job experience which might be appropriate ~.,r thia appointment: · Ten years service in ~e U. S. Air force, lca~Sng with an Honorable Discharge, top secret clearance, and ~he rank of Captain; · .qssistant to the President. Sea Pines Company, Hilton Head Island, SC. Duties included land and project feasibility studies and potential acquisitions. lm,olved in the early planning of 1500 acre tract on Cumberiand Island, GA. which e,,~ntually became part of the National Seashore. · Vice President for Special Projects, Fletcher Brothers. Jackmnville, FL. Duties mc!uded site marches tbr large ~acts in Alabama. Florida,. Kentucky and Texas md fe~sibili~ studies. · Golden Bear. Inc. (Jack Nickdaus), North Palm Beach,, FL. Duties included evaluation of real estate proposals, golf course site searches, and a s~iective sell-off of prior real estate inveslments. From. j T~' =~:,x59;-3~72 D~e: 12/13/102 Time: 14:~3:05 Page 2 al4 Senior Vice President, Regional manager, Chief Operating Officer, Previews, Inc., Palm Beack FL with corporate offices in Crreenvdch, CT. Duties included the listing, marketing and sale of expensive or unusual properties world-wide. During my twelve years there my sales included a 1200 acre, beachfront properVy near Gulf Shores, .~L (called Bon Secour), sold for Morgan Stanley to The Nature Conservanc~ the 2400 acre Peter Island, B.V.I., and Peter Island Yacht Club, sold for Peter Smedvig Shipowners (Norway) to .4mway Corporation; a 56,000 acre tract in Easlern Louisiar~ named Fisher Lumber Company, sold for General Motors to the State of Louisiana, The Nature Conservancy, and a private investor and numerous other large parcels ranging from islands to ranches to hunting plantations. _..'- ',h~,'- time. ~' l~ave_ developed a very., good eve. for real estate potential and ~lues. Mv interest in ,,t., process and the committee that will help to implement it is passionate. While I e~pect that .,er,~ will be many vested mxerests represented, I believe lhere is a str. ong need for a middle 3:'ound representing the financial backers, the'taxpayers, to ensure that their money is being ;:r. netted and spent judiciously, I would like to fill that role. Ion Mallard No o_z-H-~------- FEB I 1 2003 Date: 12/13/102 Time: 14.-03:44 Puge 3 of 4 Board of County Commissioners Nnpl~ ~ ~112 ~]) ~4~7 ;~ (941) ~4-~2 Application for Advisory Committee Boards l~m,: JON L. MALLARD am Ad6res~_15350 Wimborne Lane ~x 1~o. Bmluam Naples, FL Retired Real Estate Broker _ Home rbsm: 239-566-351_4 .~lp Code~_3'~110 .. e.m~the,du~u~ck_s (~! myma i-lstation, col ~1~i1~. ~ orC~ ~li~d I..:. Conservation Colli~er c~pry (.ff. almac~ble):Land Acquisition & Sales; Site feasib._.?ity, Lay Person _No X your community acOrl~ (et'vic clubs, mil:ldxLrbood assoeiatlons, .t~. and pedltous r,d=,csao=:_ B.A. Ohio Wesleyan U~iver~l::)eJaware OH ~~_ See attached letter. Board of County Commissioners 3301 East Tamiami Trail (941) 774-809? Fax: (941) 774-3602 Application for Advisory Committees/Boards Fax No. Business Phone: nom. ~ooe: _Zip Code: Board or Committee Applied for: ~___~f)/~J_x/ l'~'.~/=:t '7'fOr,/ Category (ifapplicable): ~I~_.~tL K~aml~:: Commis~on District, Developer, Are you a registered voter in Collier Counly: Yes ~ No No. ~ Do you currently hold public office? Yes If so, what is that effice? De yea now serve, or have 3,ms ever served, on a Collier County IMard or eomadffN? Yes If yes, ~ ~ ~be commJttees/bmlrds: Please llst your community activities (civic clubs, neighborhood associatJous, etc. and positions heM: Education: .~-tr~'~' AGENI~&qlTEM .o. Please list your community activities(civic clubs, neighborhood associations, ete. and positions held: 1. First woman m~er and first woman president of the Kiwanis Club of Tehachapi, California. I was an 11 year member of this organization. 2. Nine year m~er of the American Association of University Women. 3. 12 Year member and office holder of Republican Women Federated. 4. ~m~er of the Board of Directors of Bear Valley Springs. This is a "full service" cummunity in Tehachapi, California with it's own police force, etc. Education: B.S. in Marketing from Marquette University, Milwaukee, WI. Experience: California real estate broker since 1991. Owned andmanaged my own real estate brokerage company for 11 years. Owned and managed an agenc~ for the Allstate Insurance Company for 11 years. During my tenure with Allstate, I achieved the Honor Ring designation for 10 years, National Champions for nine years and Chairman's Conference for two years. These are national award designations for agents meeting specific criteria. They usually represent the top 10% of Allstate agents nationwide. Marketing Manager for Zurich-American Insurance Company while also opening an office and managing it in Orange County, California. I was also Director of Product Development for this C~any in Chicago, Illinois. I hate worked ¢ont~ou$~y since gradgating' from College Un~l my recent retirement. ~ am a ver~ hard working, goal ori~ntedperson who works wel~ with other people. I strong!y believe I would be a v&~uable asset to your committee. ~ cover sheet To: Ms. Sue Fiison, Executive Manager Board of County Commissionem 3301 East T~m~mi Trail Naple~, FL 34112 FAX: 239.774.3602 number of pages _3 (incl. cover sheet) From: Troy Marsh Phone: 239.513.1134 December 10, 2002 Dear Ms. Fitson: The following pages contain my application for the Conservation Collier advisory board. '~'ould additional information; beyond this application; be required, I would be pleased to supply a · riculum vitae of my achievements to date. I am looking forward to serving the citizens of Collier County. Thank you for your consideration. I look forward to headng from you soon. Sincerely, end.application ITEM FEB Board of County Commissioners 330! Ealt Tnmiami Trail ". ': ~'? Naples, FL 34112 (2~9) 774-$097 Fax: (2:}9) 77~4602 d,~l "'/ Application for Advisory Committee/Boards Name Troy l~rsh HomePhou~ (239) 513-1134 Home Address: 4589 Pasadena Court, Naples, ~L ZIp Code: 34109-3330 Fax No. (239) 513-1134 Bunine-- Phone: t~mail addr~s: temarsh~~£nk..net BusJneu: Board or Committee Applied for: Catagory (~f~: lay Example: Com~is~oa ][~Rl4ct. Developer, environmentali~ Are you a regintered voter in Coflier County: Yes Do you ~urrently hold public office ? Ye No H so, wimt is flint dl'ge ? Conservation Collier advisory board No X Do you now serve, or have you ~vcr served, on a Collier County board or Committed NO X Please list your community activities (civic dubs, ne~ghboorhood associations, etc.) and positiouhtid: P.O.L.O. Club of CoOl,er Oounty. (~_ne~ vice-president) Monroe County Fede~ation of Sport_~n~ Clubs (p-~t general mm~er) Sierra C~ub (~_~t genera~ ~.he_r) ~luation: Flor£~ GulX Oc~-~t L~_!versit¥ (__~A ~udAes on-going) T~e ~.~-ylv~nia S~2zLe Uni~ty (RA Libex-o-I Art~) ~zpcdence: T-~ty plu~ y~:-_~ of oxp3rience in aco:zmt management and ct~t~ ~~t~ effOrt; ~i~ ~ d~~nt author, int~al ~i~r, =d t~j~~ ITEM for ~~r ~i~ ~d ~]~ o~i~ti~ of Glo~ 1~ ~-~tX~~ . Atte~ ~n~ ~ ~ ~~~ ~'"~ ~n 1~1 ~Vi~- I ~EB 1 1 2003 Well t~'avelled domestically, with some international destinations; '--- ~.xico, and Jamaica; as well', Areas of concentz-ation of undid education included: Econc~ics (micro, macro, enviromaental), Biology (animal, plant, micro), Retum ~o Top Print ~him P~ge Collier County Home FEB 1 1 ~003 Page 1 of 4 fiison_s From: DMeek18402@aol.com Sent: Monday, December 16, 2002 4:46 PM To: suefilson~colliergov, net. Subject: Application for Advisory position Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Comrni~Jees/Boards Name: Danny Earl Meek Home Phone: _239-263-9542 Home Address 721 Springline Ddve Naples, FL Zip Code: 34102 Fax No. 239-263-9429 Business Phone: 239-269-6959 e-mail address: Dmeek18402@aol.com Business: Tuff Publications, Inc. Board or Committee Applied for: Conservation Collier Land Acquisition Adviso.~, Committee Category (if applicabte): Layperson Are you a registered voter in Collier County: Yes Do you currently hold public office? No Do you now serve, or have you ever served, on a Collier County board or committee? No Please list your community acfiviUes (civic clubs, neighborhood associaUons, etc. and positions held: Moodngs Park Homeowners Association, Naples Bath and Tennis Club EducaUon: BA, Ball State University, and Muncie, indiana: JD Indiana University School of Law Experience: During tAe past three years I have investigated and written extensively on ecology, conservation of natural resources, real estate and land acquisition, land appraisal, land management, eco-toudsm and environmental educational issues throughout Collier County. I have a personal interest in these areas and the future of Collier County growth and management. I have been active in politics and the political process for over thirty years and I have served on the Boards of various nonprofit foundations I have also enclosed a copy of my resume and references for your review. 1970 Bachelor of Ails-Ball State University, Muncie, indiana Political Science-major Spanish-minor 1970-1973 Teacher T. C. Howe High School, Indianapolis, Indiana Developed US Civics Classroom Learning Experience Pilot Program 1973-1976 Teacher John Marshall High School, Indianapolis, Indiana FEB 1 1 2003 Coach -boys track, girls track, girls softball, flag football 12/16/2002 Page 2 of 4 Developed Indianapolis Police Department Training Program 1974 Doctorate of Jurisprudence-Indiana University School of Law- Indianapolis, Indiana Admitted to practice to Indiana State Bar, State and Supreme Court of the State of Indiana (currently good standing with inactive status) Admitted to practJce to United States Distdct Court-Southern Distdct of Indiana (currently good standing with inactive status) 1974-1999 Member Indiana State Bar Association Member lndianapo~s Bar Association Member Marion County Family Law Committee Member Marion County Bankruptcy Committee Marion County Guardian Ad Litem Program Trustee and financial advisor for vadous investment accounts .Lecturer at various fratemal, civic, and religious organizations 1976-79 Claims Manager-Allstate Insurance Company District Office, Indianapolis .Indiana 1980-1999 Founder and Managing partner of Hollingsworth & Meek, P. C. law firm, Indianapolis, Indiana Specialized in civil !aw, with concentration in the areas of family law, dissolutions, adoptions, guardianships, tr'dsts, estate planning, small corporations, bankruptcies, corporate counsel for various credits unions, banks, and health care management corporations 1982-1990 Adjunct professor and lecturer Indiana University-Purdue University, Indianapolis, Indiana in Continuing Education Department mn i !988 Legal advisory board for State of Indiana, Michae! Dukakis for President Ca...~.a.gn 1990-1999 Judge Pro-temp, Marion County Courts, Indianapolis, Indiana 1990 Candidate for Judge-M. arion County Circuit Court. 1992 Legal advisor, Louis Mahern for Mayor of Indianapolis Campaign 1992-1999 Board of Directors, !ndianapolis Senior Citizen Center Le§al advisor, '~-~"~- r ..... o,,apo,ls Senior Citizen Center Board of Directors, Glyncon Aviation, Inc. Board of Directors, Hea~and Golf, Inc. Board of Directors, USA Runners, Inc. 1992-1999 Court Approved Civil Mediator, certified by the Supreme Court of the State of Indiana 1992-94 Board of Directors, Treasurer, Sandy Point Home Owners Association 1994-96 Board of Directors, President, Sandy point Home owners Association 1995 Talk show host, Civic Matters, Indianapolis, Indiana 1999 Legal advisor, Louis Campagna for Indianapolis City council Campaign 2000-present Editor, reporter and photographer, Everglades Echo ~.~,,~,,, reporter ar~ photo~raF~her, The ,~aples T~r~,~s /~.?-~ociate Editor, The Gazette 2000 Moderator for Collier County Political Forum Programs 2002 Freelance author and contributor, various publications including Community Bank President Cost Cuffing S Legal consultant to local financial advisor and investment services Co-a-at, or of vadous ar'dcles in the ~nance and legal sectors o.f ~mily law and dissolutions 12/16/2002 AG~,N~I~'~ TEM ,NO. 'ategmes FEB 1! 2O03 Page 3 of 4 Freelance ~rtlrl¢~ h¢,~¢ ¢1¢n cnn~rcrt in thc {n Inwin._~. O.n,!ine ma.~zifie$: www.worldnetdaily.com www,ofi-mad,com www. SierraTimes.com ~.A.~enchmnic!es.eom www.kla matnbasincnsis.org v¢¢¢cAfreerepubl .... References: · '- Susan Luenberger p~id~n{-C~mmunii, y Fuundaiiu, ui' Cuiii~ Cuu::[y 2400 Tamia~ Trail Suite 300 Napi~, FL 34103 239~49-5000 '"- Bobby Jones Ffindpai-Evu~glad~ CiLy Schuui 415 School Ddve Everglades City, FL ,34139 239-695-2561 .~.4r. Sammy Hamilton City Hail Ew:glad~ Ci[y, FL 34139 239-695-3781 Mr..!,..;!ion L.H. Stokes. MA!, CRE 4795 Enterprise Avenue Naples, FL 34104 239~43~888 Lt. Mike Do!an Everglades City Substation ~.-~.~ Ta~a:,. Trail E,~,,t F_vf~l'giu~Jf~5 Cji. y, FL 34139 239~95-2301 FEB 1 I 2003 ............. any ............. fo, ..... ~.,,, you *~-' ,'%h, ls ....... b ................ Executive Manager to the Board of County Commissioners, 3301 East Tamiami Trail, Naples, FL 34112. if you 12/16/2002 Page 4 of 4 volunteering to serve the citizens of Collier County. i 2ii 0/'2002 Pg. 12/27/2002 16:33 FA-% 941 498 1193 Board of County Commissioners BBPI P&D ~002 P~.gc 1 of 2 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Home Add~: ~ ~ard or Committee Appli~ for: dO~a~ ~mpl~ Cmmi~i~ Distric~ D~du~r, ~nviro~en~lls~ ~Y ~n, ct~ ~ you a r~hter~ voter in Co~er CounW: ~ you current~ hold public o~ce? H s~ what ~ ~at o~ce? Please list your communit~ activities (civic clubs~ neighborhood associations, etc. and positions held: htt~://col licrgov.nct/gov/app-htm FEB ii zuo l' Pg. /Oq_ !'. /27/2002 12/27/2002 16:33 FAX 941 498 1193 BBPI P&D ~003 Graydon (Grady) E. Miars 1316 C. rrand Canal Ddvc Naples, Florida 34110 EXPERIENCE Project Manager, Aug. 2000-Present; The Bovita Bay Group, Bonita Springs Florida. My l~Ofcssional duties include the ~ of all P~I~, design, o~gineering and consWucfio~ of"The Brooks" - a 2,400-acre ~aster-pls~ned r~idcn~ial development (i~tr dlsti~ct CO,,;~,-~rn;ri~S) inB~ Springs l:lorida, thc 14 best seRing comunmity in the Unitcd States far 3n~r 2000 & 01. I am an integral part oftl~ ~ progXan% which includes single family ($250k to $4mil), multi-family ($200k to Shnil) and various cu,,-~rcial parcels. The year 2002 includ,~ the construction of Shadow Wood Ptgscrvc, a ~ 441ac~c golf course community. I conslruction budgets that range from $24 milUon to $40 milUo~t per year. In addition, I am i~volved in all land acquisitions, commercial land sales, comr~miW cvems, architectund desig~ review, pro forma analysis, comrm,nlty turRovcr and Comu:0.mity Development District Formafi~m and management. I have worked with Bob Cupp, lack Hicklaus, Axthtlr Hills and Gordy Lewis. ~cssistant Project Msvager~ lua. 1997-Aug. 2000; Tim BoNita. Bay Group, Bonita Sprigs Florida. My professional duties included ~ imn-$erncnt of all c:agi~ccring, pla~mi~E, design, permi~ug and col~atruction of"The Brooks." h~ calevdar year 1998 the project included 36 holes of goli, 11 mflcs of two and fou~-laue boulevard, I 1 residential subdivisions, 2 clubhouses and a sales facility. 1999 hncladed a town cenlcr (rcstaumnI, 5tness center and community cnricttmcni cgatcr}, residcati.~l subdivisions, and a new sales facility. Yca~ 2000 included 36 holes of gol~, residevtial subdivisions, one clubhousg, one lrmhnt~rmnc, e l~lc[l/t'y a~d 9 miles of two and roux- boulevard. Budget £or 1998 was 45 million, for 1999 it was 3'7 million and for 2000, 44 million. Ycax 2001 i~cluded a 12,000 SI: Club expansion, 8 miles of two and roux lane boulevard, 13,,000 St: Clubhouse and misc. pcx~t6n~ on futuxc lnaatcr-pl.~ned co.uaiiunitles. Budget for 2001 exceeds $24 million. Environmental Project IVIanagcr~ Oct 1994 to 2un 1997; Mc.A~y Engineering & Dcsig~ 1Naples, FI.. My p~ofcssional duties included coordkmtiag proposals, bill~§, client relations, pr,~jecl: lv.~§ermmt, water, sewer, paving and chainagc design, urban pl.n.in§, site layout, mitigation an~, monitoring reports, construction monitoring and post permit compliance. P~ojgcta: Kim~i~on, Naples I-lcritagc and Twi~ Eagles. Expc~iencc ixt AutoCad, MSOfficc and G.P.S. (Global Positioning System) Surveying. Recovery Technician, lun 1989 -Oct 1994; BRST Envixoumcntal, Inc. Jolict, Illinois. Employed in various facets of iieldwork in soil analysis, waste w-atcr lx~atmcnt, hazardous cleanup, above and underground storage ~.k c]eanouts and x-c-moral, ~v,.gern~t of emergency xesponse and gronnd water monitoring. Overall job esiimafil~g, material ~col:~-s and proposali. EDUCATION Ba=hclor of Azna Degree ia 3Euviromncatal Science and Economics, May I993 Rollins Coileg:; Winter Park Florida Mas~ of Business Admi'nistration - Finance, Florida Gulf Coast University, December 2001 Inducted Sigma B~'ta Delta International Honor Society l~egisteted Florida Real l~statc Sales Person- SL --0692723 Urban Land Institute - Member Numb~ 203788 COMM1TTEES/INTE~ Ccu~iunity Service - United Way and Habitat far R~I~RENCF~ Ava~'lablg Upon Request Bo~d of Collier County Comrrissiovers - Appointed lo the Rural Land OversiEht Commitice Meditccra Notch Comnmniry Dcvclop~ District - Elected Vie. g-Ch~ Boaxd of S~s Mcdiictra South Co~u,~,.?lty Dc~lopment District- l~lccted 'Vice _-Ch-lrrn-.~ Board of Supetwisors Bonila Springs Y.IVI.C-A. - M~ of the Program Commitl~c _ No .~-'!. FEB 11 2003 239352077! p. 1 Oec !6 02 04:02p Vernon of Count~ Commissioners 3301 ~a.qt 'l_'nmJnmi Tvuil Fax: (~%) Application for Advisory Committees/Boards e-miff address: ~ - . Cat~ory (~ ~pl:~ble).~ Ex--pie: Con.ton Diu~ic~ ~veloper. ~v~nmcn~is~ lay p~son, etc. ~ ~u a r~M~d voter in ColB~ Cowry: Yu_ -/ you c~e~tiy hold pubic office~ what is that ofllce? Do you now serve, or hive yeu ever served, on · t~olli~r County board of* eomr~Lttcc? Yes If yes. please bt th~ coflunltt,~etbomrds:w _ FEB 11 2003 htep.J/us.£412.mail.yahoo.com/ym/Showi~tt~r7 box~lnbox&Ms~_2473 _17465 $1_46874_7.'... 12/6102 Dec lB 02 04:02p Vernon 239352077! ~ Please li~ ~r .cummun. ily tclivit.les (dvS%~u~ n~gh~r~ ~da~ otc. and p~fiens h~. ~'~'- ' -~ ~'~" i~'~ 'f(.' 4 ~ -/ /~ ,'. u .. ....... -,~, - .... · '~ ''" -- ~:" ...... --,'.,:..~ ~ . -~,.-'-' c-~,~.. /~' ~ -~ - /~ ~: Education: [ AGENDA I ~30i http ://us.f412.mail. yahoo, com/lan/ShowLotlm-To ox,.,lnbox &Msgid=2A73 _ ] 746:5 81_468i4_~..0... 4 ~,~l-~ FEB 11 2003 T-ax: {94t~ 774-~6t12 ..... Zip C~e: ~ No.~__ ~asmcgs P~ne: ~ ~'ma~' addres~ ~ ' ~e: Comm~on Db~ct. ~elo~r, ~vt~n~Jst. lay ~n, ct~. Are you ~ ~ter~ voter h Co.or Co~ty: Y~ ~ No Do ~mu c~nfly ~ld public o~ee? Yes No ~ ~ ~u now ~ ov bye ~u ~ ~ on a Co. er C~ b~ or ~~ Y~ No tfye~ ~ ~ ~e ~~~:~~ Please list your community activities (civic clubs, neighborhood associations, etc. and positions Items att~k troy tM_aT#,mal t~fortn~gtm yatt [ed perdJ~a~ TMs appll~ ~oJ~i )e fotwatded to Sue Irilson, F. zec~ Manager to the ~o~rd ofComl~ Comm~mter& $$01 Fait Tamhunl Troll, N~ples, FL Sdl l~ If yott wisk, please fax yoar. applitatton Io (941)774...~6~2 or e-mw3 to utetil~~ov.~u~. Tinmk you.for vob~,_~_e, elae to ~tr~e the e~_,_-,,, of Collier Cmtttre. Collier County Home { BCC { Application for Advisory Committees/Boards Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239} 774-8097 Fax: (239) 774-3602 Application for Advisory Committee/Boards Name: Ni~.~i_~5 ~r-. ~'l~tl~.~-t~ '~' HomeAdd~: ~i~ 9o~~ '~ Fax No. '~. ~ Busin~s Phone: Busings: ~ard or Commifl~ Appli~ for: ~6~~ Home Phone: (cb+t) Zip Code: e-mail address: Catagory #f applicable): ~,~ L~ $'~ / C~M ~,~lot,.k ~T Example: Commission Distriet, Developer, enviroa~nentalist, lay person, etc. Are you a registered voter in Collier County: Yes ~ No Do you currently hold public office ? Yes No ~/ If so, what is that office ? Do you now serve, or have you ever served, on a Collier County board or Committee? If yes, please list the committees/boards: Yes ~ No x/ Please list your community activities (civic clubs, neighboorhood associations, etc.) and positions held: · Education: ~.~. ~q~.~tA~Ot,~, ~l, JC~"~x~J ~.]~,jE~t~tm la)6:O ~.~. ~.~c.~a4.3 Experience: AG E.~.~ ITEM No. (.~'~ __ Please attach any additional information you feel pertinent. This application shouM be forwarded to Sue Filson, Executive Manager to the Board of County Commissioner& 3301 East Tamiami Trail, Naples, FL 34112. lf you wish, please fax your application to (94D 774-3602 or e-mail to suefilson@colliergov, net. Thank you for volunteering to serve the citizens of Collier Coun(v. http://www.colliergov.com/bcc/advisory%20applieafion.htm 12/8/2002 Nicholas G. Penmman IV 611 Portside Drive Naples, FL 34103 941-262-7292 15 Southwind Drive Burlington, VT 05401 802-860-1369 NGPIV(~_,aol.com MARITAL STATUS Married to my wife, Linda, since 1967. Two children; two grandchildren, EDUCATION 1956-1960 A.B. Religion, Princeton University. 1998-1999 M.A. American Culture Studies, Washington University in St. Louis. EMPLOYMENT 1986-1999 Publisher, St. Louis Post-Dispatch and Senior Vice President, Newspaper Operations, Pulitzer Publishing Company, St. Louis, MO. 1992-1999 President and CEO, Pulitzer Community Newspapers, Inc., St. Louis, MO 1975-1996 General Manager, St. Louis Post-Dispatch and Vice President, Pulitzer Publishing Company, St. Louis, MO. 1963.-1975 Business Manager, Illinois State-Journal Register, Springfield, IL. 1962-1963 Pressman, Culver City (C,4) Evening Star-News, Culver City, CA: A G E,I~O,~ ITEM No. c',~. IT ,. FEB 11 2003 CIVIC 1997- current Board of Directors, American Rivers, Washington, D.C., First Vice Chair 2000- 1999- current Board of Directors, Randell Research Center of the University of Florida, Pine Island, FL. 2002- current Board of Directors, Vermont River Conservancy, Montpelier, VT. 1995-1999 Board Member, Gateway Parks and Trails 2004, St. Louis, MO., Board Chair 1995-1999. 1995-1999 Environmemal Law Clinic at Washington University, St. Louis, MO, Board Chair 1998-1999. 1986-1999 Board of Directors, Trailnet, Inc., St. Louis, MO. 1995-1998 Trustee, Mercantile Library of St. Louis, St. Louis, MO. 1982-1989 Board of Directors, St. Louis Sports Commission, St. Louis, MO, Board Chair, 1985-1987. 1977-1986 Board of Directors, Downtown St. Louis, Inc, St. Louis, MO, Board Chair 1979-1981. 1980-1986 Board of Directors, Caring Foundation for Children, St. Louis, MO, Board Chair, 1984-1986. 1980-1984 Trustee, St. Louis Country Day School, St. Louis, MO. 198 I-1985 Board Member, Missouri Health and Educational Facilities Authority, Jefferson City, MO, Board Chair, 1983-1985. 1971-1975 Board Member, Illinois State Fair, Springfield, IL, Board Chair 1973-1975. 1967-1975 Board Member, Springfield and [ angamon County Community Action, Inc., Springfield, IL, Board Chair 1971-1973. 196%1975 Board Member, Greater Springfield Chamber of Commerce, Springfield, IL, Board Chair, 1973-1975. A G E.,~ND~/) I T E M FEB 1 ! 2003 MILITARY 1962-1963 United State Army 1963-1967 United States Army Reserve. RECOGNITION 2002 Florida Master Naturalist 1986- current Who's Who in America 1986 1974 1973 Honorably discharged in 1967. Levee Stone Award for Service to Downtown St. Louis Named to Outstanding Young Men of America Walter F. Carley Award from Institute of Newspaper Controllers and Finance Officers for excellence in publishing. FEB 1 ! ZOO3 FROM : PEYTON FAX NO. : D41~14~10~ Dec. 11 ~MIBP 138:$0PM P1 Coil/er Country Home [ EIt.'.C ] Apphcatmn tot Adw~ory t,omml,a:c~v~oams r~= ~ m ~, Boa rd of (';o u n ty Corn miss ioflcrs 3301 East Tflnli:lmi l'raH Naples. FI, 34117. {239) 774-8097 Fax: {239) 774~3602 Application for Advisory Committee/Boards Board or Coounittee Applied for: Catagory W~a,n,~d~: Ezmnple: ~ommission DisfTI~ Developer, enyironmenttbt, lay peFs~n, etc. Are yon a registered votea' ill Collier County: Yes L/f Do you eurr~tiy hold public office ? Yes No H so, what J~ that office ? No Do you now serve, or have you ever served, on n Collier County board or Committee? If ye~, plz~e bt the conzmB~~: Yes No ~/ Please List your community activ;fi~ (clvi.c dubs, nelghboorhood asso~atlons, etc.) and 12/16/2002 10:50 9415927979 GAP DF NAPLES INC Collier County Home I BCC 1 Application for Advisory Committees/Boards PAGE 02 Page I of 2 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Application for Advisory Committee/Board~ Exnmp~: Commission D~ Deve~per, ~vironmenmlis~ lay ~3, etc. A~ you a ~te~ voter in CoUier Count: Do you cu~nt~ hold public office If so, what ti that office ? Do you now serve, or have you ever ~erved, on a Collier Couaty board or Committee? If yes, plea~ itit the committeeMboards: Pleftse Iht your community activities (civic clubs, neighboorhood associations, etc.) and I,.1~-//~,~ e,~ilier.nv.net/tx:c/advisorv%20aoolicati°n'htm FEB 11 2003 12/9/02 DEC-12-2002 10:56A FROM:POTEET PROPERTIES IN 9414833841 T0:7743602 P:2 Board of County Commissioners 3301 East Tamlimi Trail Naples, FL 3411:l (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Name: William 14. Poteet~ Jr., CLS Home Phone: 352-6822 Home Address: 6180 Star Grass Lnne Fax No. 403-3841 Business Phone: d03-3840 Business: Poteet Properties~ Inc., REALTOR Zip Code: 34116 e-mail address: Poteetproperties~,cs. com Board or Committee Applied for: Conservation Collier Land Acquistion Advisory Cpmmittee Category (if applicable): Real Estate or Land Acquisition Example: Commitsioo District, Devdopr. r, environmentalbt, lay person, etc. Are you a registered voter in Collier County: Yes XX No Do you currently hold public office? Yes If so, what is that office? No XX Do you uaw serve, or have you ever served, on a Collier County board or committee? Ye~ XX No If yes, please list the committees/boards: i-75 Golden Gate Interchange Ad Hoc Advisory Board - 200~ to present~ Collier County Homeless Advisory Board, Marco Island Bea#tiljc~gq Advisory Board - Collier County, Third Street South Parkin~ Advisory Committee -City of Naples Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Leadership Collier, Golden Gate Civic Association - Vice President - Elect; Golden Gate Estates Civic Association; Boy Seouts of America - AIJiRator. District Vicg Chairman and SW Florida Council Advisory Board; Naples Area Chamber of Commerce - Urban Task Committee and Bay Days Committee; Naples Area Board of Realtors¶ Florida Association of Realtors~ National Association of Realtors; MADD; St. Ann's Catholic Church. Previous community activities: Marco blind Board of Realtors, Collier County Fair Board, Marco l~lind Bicentenial Committee, Mare_n Island Chamber of Commerce, Marco Island Jaycees - Presidentn Florida Jaycees - Re~ional Director and Community Development Viee Presideut~ Marco Island Fire Department - V01un~ev, Education: Parkway Central Senior Hil/h - Chesgerfield¶ Mo; University of Missouri - St. Louis 1969; ,University of Missouri - Columbia 1969- 1973. Experience: Licensed real estate salesman 1978. Licensed real estate broker 1996. Actively enraged in general and residential real estate from 1978 to 1986 on Marco lsland~ FL~ Included in my scope of work were residentia~ and commercial ~[e~ comparative market analysis, listinR, and marketim:. From 1986 to 1988 i was employed by a national shopping center developer with centers in Florida~ Michifun. and MJssissh)oL Mv res~*bii~tb~ included si~ evaluations, marker jmalvsJs, leasint,, and eommercia~ sal~- 1.99~ g*1994 joined Ad, drews & Associates as DJreetor of Lensinf. R~ponsibilitJes included leasinf, m~rket analysis~ tenant Fepresentation~ site acquisitions~ commercial l~sting and sales. The company merted operation into Baa'on Collier Commercial~ Inc. in 1994. Responsibilities included representation, commercial listing and sales. In 1996~ ] left Bart-on Collier to form my own Properties~ Inc. a commercial real estate firm. As owner and Pre~idep(~ my responsibilH management, leasinf and tenant representation¶ site analysis and ~equ~i~i0ns~ commercial orooertv mnna~ement~ marketinR~ and rkok management. Previous recognitions include Soecialist fCLS) Designation - International Council of' ShooDin~ Centers; Outst__nndin lensJm:, tenant e~mpan¥~ po~eet istin~t~nd Youno Men ju DEC-18-~008 10:56A FROM:POTEET PROPERTIES IN 9414055841 TO:??4G608 P:G America; Who's Who in American Business: Boy Scouts Alligator District Commissioner of the Yeari Presidential Award of Merit - Regional Director Florida Javceesa Presidential Award of Merit - Community Development ¥ice President Florida Javcees, Henry Giessenbier Award - Marco Island Jaycees~ and SenatorshiD .042048. Please ~ttach ttny ~t, tifh~nal information you fetl pertinenL This ~ppllcat~n should be forwm~led to Sue ~'tlson, ~e_,,~t,dve M~nager to the Board of County Corntrdsslonet~, $301 East Taml~ni Tra~ NaplD, FL $4112. if you wish, l~lea.~e fax your applicntlon to (94!) 774-3602 or e-mail to sueflison('~ollle~ov, ne~ Tltatat you for volunteering to serve the ctt~.ens of Collier County. AGEI~EI~ No.__ t~? FEB 1 1 2003 09 02 12:25~ .- Sum Fil$om ~41-77.4-8865 p.1 Board of County Commissioners Jr--q 9;~01 ~ Tami~mi Trail · Naples, FL : (941) T~4.~097 ~',,= (~1) Application for Advisory Committees/Boards you s registmred vo~er in Collier Connly: Y~s~No Please list your ~ommuui~/aci;.iiies (c~vi~ clubs, ~~ December 20, 2002 Sue Filson Executive Manager Collier County Board of County Commissioners Collier County Government Complex 3301 East Tamiami Trail Naples, Florida 34112 Re: Conservation Collier Land Acquisition Advisory Committee Dear Ms. Filson: My application for service on the Conservation Collier Land Acquisition Advisory Committee is enclosed. The Conservancy of Southwest Florida played a pivotal role in the success of the greenspace referendum and it is my wish to continue stewarding the preservation of greenspace by contributing to this committee in a meaningful way. As president of the area's leading environmental organization, I offer extensive knowledge and expertise concerning natural resources and conservation interests within Collier County. Further, I offer the added advantage of having been a part of the Conservation Collier initiative fi:om the onset. If you have questions or seek further insights regarding my application, please don't hesitate to contact my office at 403-4209. Thank you and I look forward to hearing fi:om you soon. Sincerely, Presidem and CEO Enclosure FEB 1 ! 2003 Leading the chalienge to protect and sustain Southwest Florida's natural environment. Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Application for Advisory Committee/Boards Name:~Kathy Prosser 1 Home Phone: 1239-530-7705 FlomeAddress: 14757 Cerromar Drive NaplesFIodda 1 ZipCode: t34112 Fax 239-262-0672 I Business Phone:1239-403-4210 e-mail " ~kathyp@conservancy.org No. I I address~t" Business: I The Conservancy of Southwest Florida, President and CEO Board or Committee Applied for: !Conservation Collier Land Acquisition Advisory Committee Category (if applicable): Environmentalist Example: Commission District, Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County: Yes Do you currently hold public office ? Yes [ If so, what is that office ? [ I Do you now serve, or have you ever served, on a Collier County board or Committee? Yes] I No If yes, please list the committees/boards:  ural Fringe Area Assessment Oversight Committee; Eastern Lands Area Assessment Oversight ommittee Please list your community activities (civic clubs, neighborhood associations, etc.) and positions held: 'l Active member: The Everglades Coalition; Florida Gulf Coast University Environmental dvisory Council (ESAC); Rookery Bay Reserve Advisory Council Stewardship Education: lMaster of Public Administration (MPA), Harvard University; Certified Instructor: Florida Master · ~laturalist p~'ogram AGFJ~D~ ITEM FEB 11 2003 Kathy Prosser Page 2 of 2 Experience: ' Kathy Prosser has been president and CEO of The Conservancy of Southwest Florida since ecember 2000. A seasoned environmentalist, Prosser has nearly 20 years experience in top-level ~ositions for key organizations around the country Before coming to Florida, she was president and ..CEO of the Keystone Center, an environmental dispute resolution organization in Keystone, Colorado. Prior to that, she served as U.S. Secretary of the International Joint Committee. From 1989 - 1996, Prosser was at the hetm of the indiana Department of the Environment as commissioner, and from 1988 - 1989, she was deputy commissioner for the Massachusetts Department of the Environment. Prosser spent 12 years working for Senator John Glenn, the last two as his chief of staff. Prosser is thel recipient of numerous national awards including being named Governing Magazine's "Outstanding Public Official of the Yeaff in 1996. Please attach any additional information you feel pertinent. This application should be forWarded to Sue Filson, Executive Manager to the Board of County Commissioners, $301 East Tamiami Trail, Naples, FL 34112. If you wish, please fax your application to (941) 774-3602 or e-mail to suejqlson(~,collier~ov.net. Thank you for volunteering to serve the citizens of Collier County. AGE-f~ITEM No.~'__~ FEB 1 I 2003 Collier County Home I BCC I Application for Advisory Committees/Boards Page 1 of 2 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Application for Advisory Committee/Boards Name: ~X~(y~/j~j ~. ~4~C~Ci HomeVhone: ,.~.~Zot~B~3 Home Address: t~3~O Mt'(~/ ~~ ~- ZipCode: Fax No. ~Q~ 01 ~ B~ine~s Phode: ~ ~maii address: Boa~ or Commiuee Applied f?:/ ~~~ C~~(, - E~m pie: Comm~on D~ich Developer, en~ronmen~li~ lay person, et~ Are you a registered voter in Collier County: Yes Do you currently hold public office ? Yes If so, what is that office ? No ~' No Do you now serve, or have you ever served, on a Collier County board or Committee? If yes, please list the ,'ommittees/boards: Yes __ No v'"' Please list your community activities (civic clubs, neighboorhood associa~ons, etc.) and positions held: r~t~v~t3,qt~x_t t~_fV~dldqV.5~/ C~f-tS. ~citt~'f , ~{C,~ Please attach any additional information you feel pertinent. Thi~ application shouM Manager to the Board of County Commissioners, 3301 East Tamiarni Trail, Naples, application to (941)774-3602 or e-mail to antefilson~colliergov, net. Thank yon for roll County. http://www, colliergov.net/bcc/advisory%20application.htm ,llier 12/23/2002 Dec 30 02 01:23p TRXIS MRPLES 23~-254-0417 p.1 VIA FAX this sheet plu~ 2 Sue Filson Administrative Assistant Board of County Commissioners 94L']74-~2 Architects ~d ~ne~ 520 Su~ ~e ~c N~I~, ~o~ 34108 239.254.0285 ~'.T~S~.~ December 29, 2002 Dear Sue: Piease//find attached my application for the Conservation Acqu~,/~.~ ition Advisor~ Committee along with my resume. Feel. ree to contact me with any questions or concems. i Br~ I Schiffer Ard ~itect brad~ TAXiS-usa.corn Collier Land AG ~..D.~L ITEM FEB 1 1 2003 Dec 30 02 0I:23p TAXIS NAPLES 239-254-04I? po2 Collier County Board of Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Name: Bradley William Schiffer Home Address: 520 Sugar Pine Lane, Naples Florida Fax No. 239.254.0417 Business Phone: 239.254.0285 Business: brad schiffer/TAXIS inc. Home Phone: 2~9.254.0285 Zip Code: 34108 e-mail address: brad~TAXIS-usa, com Board or Committee Applied for: Conservation Collier Land Acquisition Advisory Committee. Category (if appllcabi¢): Architect Example: CO~lmi~iom Di~rict, Developer, em,~onmentali~t, lay per,on, etc. Are you a registered voter in Collier County: Yes Do you currently hold public office? No If so, wlznt is that office? Do you now serve, or have you ever served, on a CoiUer County board or committee? Yes If yes, pleaze List the committees/boards: . Board of Building Adjustments and Appeals Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: L.D.C. Architectural Standards Review Committee also see attached Education: Bachelor of Architecture from The Ohio State University Experience: see attached i ~o._ Lq Please art~ck any m.ta;,;.~al infoemation you f~l p~rtin~n~ TR~ ~!~c~n ~h~ be fo~ to Sue ~, ~~ ~t ~ ~ Po .~ ~ec 30 02 01:23p TR×IS ~RPLES 23~-25~-0~17 p.3 BRADLEY W. SCHIFFER brad schiffer/TAXIS, inc. Architecture & Planning Registrations: Registered Architect in Flodda, t~4~,R-0007134, 1976 NCARB ~f42692 Professional Occupation: Brad Schiffer/'l-AXIS inc. FI.~AA-C000600 1978-Present Academic Qualifications: Ohio State University, Bachelor of Architecture, 1972 Academic Appointments: Professor, Miami-Dade Community College, 1988-:2001 Advanced Computer-Aided Design and Drafting Environmental Technology Critic, Lehigh University, Bethlehem, PA, lg72 Professional Associations: American Ins~tute of Architects National Fire Protection Association (NFPA), 1985-Present Member of the Technical Committee of Building Construction Member of the Technical Committee of Fire Safety Symbols National Institute of Building Sciences (NISB), 1999-Present Member of National CADD Standard Project Committee Member of the Future Trends Task Team Member of the Object Standards Task Team Foundation for Modern Architecture, Inc., 1992-Present Member of the Board of Directors Professional Competitions: Honorable Mention. "Brickell Avenue Bridge Competition," 1990 Coordinating Architects with Principal Architect KenzoTange,"Dade County Administration Building," July, 1978 Honorable Mention, "Biscayne West Competition," Paul Rudolph and Harry Weese, Judges, 1975 First Prize, "Architecture 1980 Competition," R. Buckminster-Fuller, Judge, 1972 Civic Associations: Collier County Building Board of Adjustments and Appeals. 2001-2005 Collier County Architectural Standards Review Committee Concept House. Inc., a residential substance abuse facility Member of the Board of Directom 1978-2000: President, 1996-2000 FEB 1 1 2003 F'ROP1 : JOHNSOREY, PHONE NO. : 941 26~3 ?S88 Dec. 86 2882 11:~SRM P2 Name: .__John F. Sorey m Home Phone: 263-2673 Home Address: 220 Gulfshore Blvd North Naples Fi, Code 34102 Fax No.7,63-24~ Business Phone: __ e-marl address:Soreygan~aoLcom Bnsiness: M~nngement Support Systems Inc. Board or Committee Applied for:__~onservatlon Collier Land Acquisition Advisory Committee Category (ff applicable):._Environmental land conservation interests, and general civic and citizen interests Are you a registered voter in Collier County: Yes X No Do you currently hold public office? Yes If~o, what is that office? No X Do you now serve, or have you ever served, on a CoLLier Comzty board or commltt~e? Ye~ X If yes, pleasc list the com~ni~rds: Please list your commlmity activities (civic clubs, neighborhood associations, etc. and positions held:_ Ch~ir University of Tenne~see Development Counr~; President Naples Players Board; Vice Chair City of Naples pl~..;~ Advisory Board; Board Member Florida Audubon; Leadership Collier. 2000; M~her Corkscrew Swamp Sanctuary Development Council; Master Gardener. F. xlucation: MBA Un~verslty of Tennessee, 1974; BS Tennessee Technological University, 196~; Harvard Graduate School of Buslness, PMD, 197S. Kxperie~ce: I have a broad bmlnes~ and civic backgroud. Business experience he. lodes n number of co.airing and ownership experiences culminating with the selling of my last company in 1998, and spending the majority of my time in Naples since. Civic experience includes a number of non and not for profit organlzatiom where I have nerved as a Board Member and various X have been visi'"'""~ Collier County since 1979, and have seen many changes, some for better, and others that haye Jutd a negative impact on our commlmity. I was very involved in 'the Cooservatlon Collier 2002 effort hud desire to insure ~- is implemented correctly. I have the knowledge and ~ to accompGsh ~hin task. Board of County Commissioners 3301 East Tarniami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Name:_Juitan L. H. Staims, MAI, CRE, CCIM Home Phone: 239-263-0452~ Home Address:_2262 Coach House Lane Zip Code:._34105 Fax No.._239-643-6871 Business Phone:_239-643-6888 ext 211__ e-mail address:_jstokes~irr.com Business:__Intergra Realty Resources Southwest Florida Board or Committee Applied for:_ Conservation Collier Land Acquisition Advisory Committee Category (if applicable): Example: Commission District, Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County: Yes Do you currently hold public office? No If so, what is that office? Do you now serve, or have you ever served, on a Collier County board or committee? No If yes, please list the committees/boards: Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Board of Director for Southwest Florida Land Preservation Trust and Naples Botanical Garden Education:__BSBA Real Estate and Urban Land Planning from the University of Florida Experience:I.Born ami raised in the State of Florida, Collier County resident for the past 26 years Involvement in SWFLPT and Naples Botanical Garden Actively dealt with real estate value and land use issues throughonr Collier County and SW Florida AGE ~ITEM IFEB 1 1 ,- -,-,- .....,~. ,xuv,sury c-onumttee~ds Page 1 of 2 Board of County Commissioners ., ~B01 East Tamiami Trail . Naples,(239) 774-8097FL 34112 Fax: (239) ??4-3602 Application for Advisory Committee/Boards Are you a registered voter in Collier County: Yes Do you mttently hold public office ? Yes If so, what is that office ? Do you now ~erve, or have you ever ~erved, on a Collier County board or Cmnmittm? If yes, please ~ tl~ eomm~rd~: list your community activities (civic clubs, neighboorhood associations, etc.) and F, xpm'imce: .f'/~Axtf. q~.tlo .4c?tvZ Ly P4~Tlc. tf",~ylJO& I~ AT~/LLr~c:s/gLC~ez~Tn)O lxttp J/www. co.collier, fl.ua/bec./advi~ory%20applieati~ :h~ 12/15/2002 Collier County Home [ BCC t Application for Advisory Committees/Boards Page 1 of 2 Board of County Commissioners ~]i~t~ 3301 East Tamiami Trail ' ~ I Naples, FL 34112 , (239) 774-8097 ~,i~ ~~ Fax: (239) 774-3602 ~:~.~. ~ '...? Application for Advisory Committee/Boards' Nmme: DAVID W. THURSTON ElomePhoue: 239-530-1944 HomeAdd~: 231 Memory Lane Unit #2 Z~pC0de: Naples, Fl. 34112 Fa-No. None BImili~ Phone: None ~-mail addr~s: thurston@copper, net BllSinesS: Re~ired attorn~.y at ]aw Board or Committee Appli~d for: Conservation Collier Advisory Board Ca~ory(l/~: Volunteer Lay Person Example: Commission District, Developer, environmentalist, lay person, etc. Ar~ you a registered voter in Collier County: Yes X No Do you em-r~ntly hold public off~e ? Yes No X If so, what is that office ? Do you now serve, or have you ever served, on a Collier County board or Committee? If yes, please list the committees/boards: Yes No x Please list your community activities (civic dubs, neighboorhood associations, etc.) and position-aheld: Minnesota Jaycees (Exec. V. Pres., Legal Counsel, Local President); Chamber of Commerce (President & Board member); Parish Council of Church (Chairman 5 years): Board of Education of Private High School(Chairman for 6 years); State Ornithological Union (member); Nature Conservancy, Sierra Club, Audubon Society, Wildlife Federation, etc. Ed,_~on: Bachelor of Arts and Bachelor of Laws, University of Minnesota. A~teu~ field ornitholooist since 1949 Expe~e~: Parliamentarian and-meeting chair; student of wildlife, and habitat study ~or decades. part-time ~unicipal Judqe for 7 years. PraGticinq attorney includinq real estate for 40 years. in nature. E~ol ~v mn~ E~ri ~m toro i mn~rYanY deserve the atte~%ion and involvement of-the pu I have a keen interest in wildlife expecially birds and the habitat in which they live. It is important to set aside suitable habitat from development to enhance the human experien;:e http:l/www.colliergov.net/bcdadvisory%20appfication-htm FEB 1 1 2003 1::/7/02 ~-;u-uz M0N 04'42 PM ?AX PAGE 1 Yvonne Toscano 6065 Highwood Park Court Naples, Florida 34110 (239) 598-4045 or (239) 273-0628 yvonnetoscano @ DATE: TO: PIIONE: FAX: *** FAX TRANSMrrTAI., *** December 30, 2002 # PGS. (Including Cover): _.~... Ms. Sue Filson Executive Manager to the Board of Couilty Commissioners Application for Advisory Committee -- Conservation Collier Land Acquisition (239) 774-8097 (239) 774-3602 *** MESSAGE *** Dear Ms. Filson: I hereby respectfully submit rny application for the Conscrvation Collier Land Acquisition Committee for your consideration. I am very interested in playing an active role in the identification, conservation and wise management of lm~cLq appropriate for conservation in Collier County. I believe you will find my credentials valuable and pertinent to the responsibilities inherent to thc position of Committee Member for land acquisition that is to benefit the citizens of Collier County, My formal educational background consists of a B.S. Degree in Environmental Sciences and graduate work in Urban and Regional Planning and Business Administration. My "real life" experience includes extensive environmental work with both public and private entities, having provided environmental consultation and technical assistance to corporations (Pratt 8/ Whitney/United Technologies), governmental entities (South Florida Water Management District. United States Department of Agriculture), agricultural land owners CEverglades Agricultural Area), home builders and members of the general public. I have also worked with the Martin County, Florida Board of County Commissioners on the Conservation and Recreation Lands (CARL) Task Force involving research and identification of funding sources for the acquisition of environmentally sensitive lands in Martin County, Florida. with a custom homc builder in southeast Florida has equipped me with a valu; both "people" and "technical skills". My current - and longstanding - profes: Licensed Real Estate Agent. This experience, together with my earlier work in Landscape Construction/Design and my work >lc combination of ion i.~f~LI l[~q~'''' Iq FEB 1 1 2003 DEC-~0-02 MON 04'42 PM Page 2 Dale: December 30, 2002 Fax to: Ms. Sue Filson From: Yvonne Toscano FAX. PAGE 2 Thank you for the opportunity to submit nay resume and list of credentials for the position of Committcc Member for the Conservation Collier Land Acquisition Committee. It would bc an honor to serve the people of Collier County and to work with the Bom'd of County Commissioners in this capacity. Sincerely. att ~0 FEB 1 1 200) pcj DEC-~0-02 M0N 04:42 PM FAX: PAGE 3 Yvonne Toscano 6065 Highwood Park Court Naples, Florida 341 I0 (239) 598.4045 or (239) 273-0628 yvonnetoscano @ msn.com Objective: To secure a residemtial real estate sales position with an established, reputable, forward-thinking mai estate brokerage firm that ia a leader in thc very specialized, local markct of Naples, Florida. To conduct my business in partnership with a brokerage firm whose mission and businc~ philosophy is in alignment with ray own. Missian: Every facet of my bnsine.~s i~ focused on indivMual client/cu~tomer ~ati$faction. l am ptu~ionate about the ddivery of exceptional per~o~tal servh:e" 1 ~tr~ve to operate ~rictly within the framework of efficiency, guaranteed confidentiality, solid conununication sidll~ and teclmological Imow-ho~. My efforts are streamlined to provide clientc,/customer$ with tbnely and accurate information on the Naples real e~tate enarket attd lifestyle- I am focuzed on the de. livc~ of real estate service5 timt are personal, professional anti confidential. Experience: November 200 l-l%esent Sales Professional, Residential Real Estate Coldwell Banker Residential Real Estate (fka: Arvida Realty Services), Naples, Florida Joined firm in November 2001. Focused on servicing the needs of clients in thc upper-tier r~al estaie market. Established a solid lead generation ami referral system with broker network on the southeast coast of Florida, in upstate New York, and in collateral markcting system. Have in Pacific Palisade.x, California. Esiablishr. d high quality, consistent matk~ing pieces and place a subst~.ntial prospect database generated from my tenure at the "The Rit. z. Cm-lton®, Naples" and from an on-going stream of referrals from thc broker network. First Sales Contract amount: $ [,040,000. Currently have two Sales Contracts pending, price point: $235,000-325,000. Currently have two listings: $229,000 each. March 2oeO-November 2OO1 Sales Professional, Residential Real Estate Prudential Florida WCI Realty, Stuart, Florida and Naples, Florida June-November 2001: Invited to join special projcc~ tgam at "the Rim-Carlton®, Naples" Branch Office to serve the residential real estam and relocation needs of primarily upper-tier prospects. Dcv¢Loped highly focused, "nich," marketing system and real estate team identity branding in association with "The Ritz-Carlton', Naples". Mamh 2000. lune 2001: Recruited from local competitor's office to join Prudential Florida WCI Realty in Stuart, Florida - a team of experienced. highly professional residential real estate sales professionals who scrviccd thc "treasure Coast Area" of Florida. Total sales and listing volume for first eight momhs: approximately $1.6 million salm; approximately $850,000 listings (average single- f~mity home price in marke~ at the time: $120,000). Alm'l I999-March 2000 Sales Professional, Residential Real Estate Coldwell Banker Residential Real F~tate, Inc., Smart, Florida Joined firm part-time :o begin fulfillment of career goals as a Residential Real .Estate Sales Agent. Total sales and listing volume for tim ten months as a part-time agent~ approximately $630,000 sales; approximately $190,000 listings (average single-family home price in market at the time: $110,000). Sepmmbo' 1998-March 1999 Marketing/Sales Assistant, Contrac~ Coordinator Showcase Designer ltomes, LLCdTho MacNamara Compauies. Palm City, Florida ,Msisted with development and distribution of custom home Imilcl~r's marketing collamral pieces and advents; assisted on-site community representatives with registration of prospects, pre..~-nt~tion of now home product, selections and home site options; assisted with contract coordination. Typical product price point:. $~-~;,000-450,000/singlc-family hon'm~. February 1995-Malch 20OO Independent Contractor-Grant Writer, F~zndraising stria Resenrcb ~t._ e .... ,a ..... varil~ .¢t~n~t.~'~ ~s L , Sole Proprietor: Pcrformccl research, prq:~rcd ~i submitted applications for grants ar for $01(cX3)/not-for-profit organizations in southeast Florida. FEEl 11 2003 I Mice DEC-~0-02 MON 04:49 PM Page 2 of 2 Resume of Yvonne Toscano FAX' PAGE 4 August 1994-March 1996 Environmental Sciences Specialist, Grants and Contracts Administrator United States Department of Agricultur~ Palm Beach Soil and Water Conservation District, W~t Patm Beach. Florida Provided consultation and technical assistance to agricultural landowners, buildtxs and members of the general public with mspex:t to environmental issues of soil types, erosion control, water managemun~ agricultural Best Managmn~nt Practices. aerial photo i~tion, exotic plant managemtmt, land.scape design and Environmental Impact Statements. Prepared and submitted applications f~ grants; managed grant-funded programs with South Florida Water Management DistriCt and Florida Dcp~ of llnvh, onme~lal Prote~ion. 1991-August 1994 Landscape Designer and Construction Estlnmtor, Salesperson Pro Scapes, Inc., .lamcsville, New York Prq~red and sold landscape design and con,stme~ packages for residential installation projects. Prepar~ and sold landscape maintenanc.~ contracts for residential properties. Formal Education: Florida Atlantic University, Fort Laudardal¢, Florida (1995-1999) Indian River Community College, Stuart, Florida (1999-2001) Syracuse University/SUNY College of Environmental Science and Forestry, Syracus¢. New York ( 1991-1995) Enrolled in C. nadua~e Program for Master's Dcgrec in "Urban and Regional Planning"; completed several Complctext several courses in Building Construction Technology Bachelor of Science, Environmental Sciences Real F. state & Specialized Education: The Ritz-Carhon~ Empioyce and Affiliate Training ~-Certified= Certified Destination Scrvic~ Specialist® Graduate RBAI,TOR~ Institute ! Coldwell Banker University Professional Affiliations with Conununity & Service Organi~mtions: Immokalee Child Care Center, Inc.. Naples. Florida Governing Board Member, Volunw~r Grant-Writer and l%ndraiser Carlton Lakes Homeowner Association I, Naples, Florida Governing Board Meml~r, Treasurer References available upon request. FEB 11 2003 Collier County Home [ BCC I Application for Advisory Committees/Boards Page 1 of 2 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Application for Advisory Committee/Boards Name: Georqe J. Wilder HomePhone: 941 29 3-4878 Home Address: 990 Eiohth St. South~ Naples, FL Zip Code:34102 Fax No. Business Phone: 239 59 0-7190 e-mail address: §wil der@fgcu, edu Business: Division of Ecological Studies. Florida Gulf Coast UniversiW, Fort Myers, FL Board or Committee Applied for: Conservation Collier Land Acquisition Advisory Committee Catagory Ofapptica~te): Botani st-Envi ronmental i st Example: Commission District, Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County: Yes Do you currently hold public office ? Yes If so, what is that office ? x No No × Do you now serve, or have you ever served, on a Collier County board or Committee? If yes, please list the corn m ittees/boards: Yes No x Please list your community activities (civic clubs, neighboorhood associations, etc.) and positions held: Please see m.¥ resume, attached. Education:B. S., Cornell University; M. S., Syracuse Univ. and State Univ. of N. Y., g~n~hamtnn; Ph.D., Univ. of Massachusetts~ Amherst~ Postdoctoral study, Harvard University Experience: Please see my sta~men~ and resume on the paoes~ attached. Please attach any additional information you feel pertinent. This application shouM be forwarded to .'. Manager to the Board of County Commissioners, 3301 East Tamiami Trail, Naples, FL 34112. If you application to (941)774-3602 or e-mail to suefilson~coiliergov, net. Thank you for volunteering to serve County. FEB I 1 2003 Following is a summary of experience which I believe qualifies me for membership on the Conservation Collier Land Acquisition Advisory Committee. I am a botanist specialized in floristics (the study of floras) and plant identification. I obtained my Ph.D. degree in botany at the University of Massachusetts, Amherst, and subsequently undertook university teaching and research. From 1974 to 1981, I served as Assistant Professor at the University of Illinois, Chicago. From 1984 to 2002, I was an Associate Professor and Professor at Cleveland State University (Cleveland, Ohio), an institution of the Ohio State University System. I also spent several years undertaking botanical research at Harvard University (as a Postdoctoral Fellow, Visiting Scholar, and Research Associate) and Fairchild Tropical Botanical Garden (Coral Gables, FL). One- half year ago I retired fi.om my position as Professor of Biology at Cleveland State University and moved permanently to Naples. ' During the Fall of 2002, I developed a formal association with Florida Gulf Coast University (FGCU; Fort Myers, FL) and was appointed a Courtesy Faculty member. In accordance with this appointment, FGCU has given me facilities to continue my floristic research and opportunities to teach botanical courses part-time. Currently, I focus my floristic research on characterizing and identifying species of vascular plants growing within Collier County and Lee County, Florida. I maintain an herbarium at FGCU (a collection of permanently preserved plants [museum specimens]) now numbering over 16,000 specimens. This herbarium, intended to serve purposes of research and teaching, consists primarily of specimens I collected in Ohio; however, I have added numerous specimens since arriving in Florida in September, 2002. I will continue to augment the herbarium considerably in forthcoming years. During my career in university teaching I taught thirteen courses in botany and related disciplines. Relevant to the Committee membership under consideration, are courses I designed entitled Spring Local Flora, Summer Local Flora, and Identification of Ohio Grasses and Sedges. By teaching these courses repeatedly, I refined my ability to identify plants and my understanding of plant ecology. During my university career I published numerous botanical papers, contributed part of a book, and wrote laboratory manuals for my students (listed in my curriculum vitae, attached). I have strongly supported conservation. In Ohio I served two environmental advocacy groups. I was President of the Forest Hill Park Conservancy (1998-1999) and Treasurer of the Coalition for Responsible Stewardship o f Forest Hill Park (1998-1999 [Forest Hill Park is a natural area situated in Cleveland Heights and East Cleveland, Ohio]). During that time I interacted repeatedly with public officials, including mayors and council members of both cities. Also, during December, 2000, the City of Parma, Ohio honored me twice for service to the environment, i.e., (1) during a meeting of Parma City Council (where I was cited for my contributions for West Creek Preserve [Parma, Ohio]), and (2) by the Law Director of Parma (Mr. Timothy G. issued me an Outstanding Citizen Award. No I ~ . FEB 1 ! 003 I was a member of the Native Plant Society of Northeastern Ohio, a group of ca. 200 members. I served the Society as Vice President and Program Chairman (1996 to 2000) and led frequent botanical field trips. Recently, I acquired membership in the Florida Native Plant Society. I propose that my years of experience as a botanist, professor, and environmental advocate qualify me for membership on the Conservation Collier Land Acquisition Advisory Committee. Thank you very much for your consideration. Geo~rge J. Wi!d~r' Ph.~' FEB, '1! Z003 ersonal Information Date of Birth: Place of Birth: Marital Status: Social Security No.: Education B.S. M.S. M.S. Ph.D. CURRICULUM VITAE George J. Wilder, Ph.D. Courtesy Professor Florida Gulf Coast University Division of Ecological Studies 10501 FGCU Boulevard South Fort Myers, Florida 33965-6565 December 23, 2002 September 8, 1942 New York, NY Married, 1 child 1965, Comell University, Ithaca, NY 1966 Syracuse University, Syracuse, NY 1969, State University of New York at Binghamton, Binghamton, NY 1973, University of Massachusetts, Amherst, MA Academic Appointments 1966-1968 1968-1969 1969-1971 1971-1972 1973-1974 Teaching Assistant, State University of New York at Binghamton, Binghamton, NY Teaching Assistant, Comell University, Ithaca, NY Research Assistant, University of Massachusetts, Amherst, MA Teaching Assistant, University of Massachusetts, Postdoctoral Fellowship, Cabot Foundation Harvard University, Cambridge, MA FEB 1 1 2003 / 1974-1981 1982-1984 1984-1990 1991-2002 2002-present Concomitant Appointment, Fairchild Tropical Garden, Miami, FL Assistant Professor, Biological Sciences, University'of Illinois at Chicago Visiting Scholar and Research Associate, Harvard University, Cambridge, MA Associate Professor, Cleveland State University Depaxtment of Biology, Cleveland, Ohio 44114 Professor, Cleveland State University Department of Biology, Cleveland, Ohio 44 115 Courtesy Professor, Florida Gulf Coast University, Division of Ecological Studies, Fort Myers, Florida 33965 Courses Taught* 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Introductory Biology (Botany; BIO 212) - 5 hrs.; CSU Topics in Plant Phylogeny (BIO 201) - 4 hrs.; UI Plant Anatomy (BIO 325) - 5 hrs.; UI Plant Development (BIO 463) - 5 hrs.; CSU Light Microscopy (BIO 419, 519) - 4 hrs.; CSU Spring Local Flora (BIO 173,473) - 3 hrs.; CSU Summer Local Flora (BIO 174, 474) -4 hrs.; CSU Plants and Civilization (BIO 110) -4 hrs.; CSU Morphology of Vascular Plants (BIO 333) - 5 hrs.; UI Morphology of Gymnosperms (BIO 337) - 4 hrs.; UI Morphology of Angiosperms (BIO 422, 522) - 4 hrs.; U-I, CSU Combined undergraduate and graduate seminar: The Life and Works of Charles Darwin - (BIO 481, BIO 588) - 1 hr.; Man's destruction of the planet (BIO 481, BIO 588) - 1 hr.; CSU Identification of Ohio Grasses and Sedges (BIO 494, 671) - 2 hrs.; CSU *Ail ofthe above comses include lecture and laboratory/ficld work, cxcept nos. 8 and 12. CSU = Cie~l~nd S~ale University; UI = Uniwnsity of Illinois, Chicago Honors 1979 1984 Nominated for Silver Circle Award for excellence in teaching (University of Illinois) Nikon Small World Contest (Intemational), 7th Prize winn, FEB 11 2003 1985 2000 2000 Gran~ 1975 1978 1978-1979 1978-1981 1983 1984 1985 1985 1986-1987 1988 1989 1993 1993 (Photomicrography) Nikon Small World Contest (International), Honorable Mention (Photomicrography) Parma City Council (Cuyahoga Co., Ohio) Resolution Honoring George Wilder on His Contributions to the West Creek Preserve Parma (Cuyahoga Co., Ohio) Law Director's Outstanding Citizen Award Research Board, University of Illinois at Chicago (UICC), $238.50 Research Board, UICC, Summer Fellowship (not used) Research Board, UICC, $420.00 National Science Foundation, Systematic-anatomical studies of the Cyclanthaceae (Monocotyledoneae), $71,443.00 National Science Foundation, Systematic anatomy and floral development in the Cyclanthaceae: proposal submitted together with Dr. P. B. Tomlinson (Harvard University). $74, 450.00 Cleveland State University, RCAC Grant, $2,950.00 Cleveland State University, RCAC Grant, $2,985.00 National Science Foundation, Comparative studies of venation in parallel-veined monocotyledons, $202,681.00. Submitted October 1, 1985; resubmitted October 1, 1986. Not Funded. Cleveland State University, RCAC Grant, $2,996.00 Taxonomic, plant-geographic, and anatomical studies of Cyclanthaceae (Monocotyledoneae). National Geographic Society. ($5,334.00) Cleveland State University, RCAC Grant, $3,000.00 Cuyahoga Valley Association, $300.00 Gund Foundation. Not FUnded AG E<~/~I T E M No._ 1994 1994 1995 Cuyahoga Valley Association, $400.00. Ohio Board of Regents Teaching Excellence Program, Submitted with requestfor $12,500.00. Not Funded Cuyahoga Valley Association, $200.00 Additional Funding: 1987 Graduate College, Cleveland State University, I applied for, and was awarded $4,277.07 from "999" funds to purchase laboratory equipment. CollectinR Trips 1964 Trip to Azores, Portugal to collect insects for Entomology Museum, Cornell University 1970 Trip 1973 Trip 1974 Trip 1974 Trip 1978 Trip 1978 Trip 1987 Trip 1988 Trip 1989 Trip to French Guyana with Dr. D. W. Bierhorst to collect tropical ferns. to Panama to collect species of Cyclanthaceae. to Guyana to collect species of Cyclanthaceae. to Colombia to collect species of Cyclanthaceae. to Colombia to collect species of Cyclanthaceae. to Venezuela to collect species of Cyclanthaceae. to Ecuador to collect a new genus of Cyclanthaceae. to Ecuador to collect species of Cyclanthaceae. to Ecuador to collect species of Cyclanthaceae. Publications I. Dissertation "Symmetry, development and phylogeny of four species of Ali University of Massachusetts, Amherst, Ph.D., Major Advisor, 4 AGE,,NDA ITF.~ .A ;mal~.e, 1973, FEB 1 1 Professor D. W. Bierhorst. II. Articles and Publications A. Book Wilder, G.J. 1994. Introductory botany laboratory manual. Greyden Press, Columbus, Ohio, 226 pp. B. Articles in Books Wilder, G.J. 1982. Inflorescence. McGraw-Hill Encyclopedia of Science and Technology, pp. 130-132. Harling, G., G.J. Wilder, and R. Eriksson. 1999. Cyclanthaceae. Pp 202-215. In The families and genera of vascular plants. (K. Kubitzki, Ed.). 2. Monocotyledons. C. Laboratory Manuals (not published) 1. Wilder, G. J. 1976. Morphology of Angiosperms. 2. Eggert, D. A. and G. J. Wilder. 1977. Comparative Plant Anatomy. 3. Wilder, G. J. 1980. Morphology of Gymnosperms. D. Articles in Refereed Journals 1. Wilder, G. J. 1970. Structure of tracheids in three species of Lycopodium. Amer. J. Bot.: 57:1093-1107. Wilder, G. J. 1974. Syrranetry and development in Butomus umbellatus (Botomaceae) and Limnocharis flava (Linmocharitaceae). Amer. J. Bot.: 61:379-94. 3. Wilder, G. J. 1974. Symmetry and development in Limnobium spongia (Hydrocharitaceae). Amer. J. Bot.: 61:624-42. 4. Wilder, G. J. 1974. Symmetry and development of pistillate Vallisneria americana (Hydrocharitaceae). Amer. J. Bot.: 61:864-66. 5. Wilder, G. J. 1974. Phylogenetic trends in the Alismatidae {Monoeotyledoneae). Bot. Gaz.: 136:159-70. plamata (Cyclanthaceae) with reference to other Cyclanthaceae Amer. J. Bot.: 63:1237-56. Wilder, G. J. 1976. Structure and development of leaves in Carludovica ~aln~E ~_I TEM No. -[[t FEB 11 2003 Wilder, G. J. 1977a. Structure and symmetry of species of the Asplundia Group (Cyclanthaceae) having sympodial vegetative axes: Evodianthus funifer and Carludovica palmata. Bot. Gaz.: 138:219-35. 10. 11 12. 13. 14. 15. 16. 17. Wilder, G. J. 197To. Structure and symmetry of species of the Asplundia Group (Cyclanthaceae) having monopodial vegetative axes: Schultesiophytum chorianthum, Dicranol~ygium sp. nov., Asplundia rigida and Thomcocarpus bissectus. Bot. Gaz.: 138:80-101. Wilder, G. J. 1978. Two new species and a new subgenus of Cyclanthaceae. J. Arnold Arboretum (Harvard). 59:74-102. Wilder, G. J. 1979. Structure and symmetry of species of the Sphaeradenia Group (Cyclanthaceae): Stelestylis stylaris, Sphaeradenia woodsonii, and LudoVia spp. Bot. Gaz.: 140:338-55. · Wilder, G. J. 198 I. Structure and development of Cyclanthus bipartitus Poit. (Cyclanthaceae) with reference to other Cyclanthaceae. I. Rhizome, inflorescence, root, and symmetry. Bot. Gaz.: 142:96-114. Wilder, G. J. 1981b. Structure and development of Cyclanthus bipartitus Poit. (Cyclanthaceae) with reference to other Cyclanthaceae. II. Adult leaf. Bot. Gaz.: 142:222-36. Wilder, G. J. 1981 c. Morphology of adult leaves in the Cyclanthaceae 0Monocotyledoneae). Bot. Gaz.: 142:564-88. Wilder, G. J. 1984. Anatomy ofnoncostal portions of lamina in the Cyclanthaceae 0VIonocotyledoneae). V. Tables of data. Leafl. Bot. Mus. Harvard University. Wilder, G. J. 1985a. Anatomy ofnoncostal portions of lamina in the Cyelanthaceae (Monocotyledoneae). I. Epidermis. Bot. Gaz.: 146:82-205. Wilder, G. J. 1985b. Anatomy of noncostal portions of lamina in the Cyelanthaeeae 0V[onoeotyledoneae). II. Regions ofmesophyll, monomorphic and dimorphie ordinary parenchyma cells, mesophyll fibers, and parenchyma- like dead cells. Bot. Gaz.: 146:213-231. Wilder, G. J. 1985c. Anatomy ofnoncostal portions of lamina in the Cyclanthaceae (Monocotyledoneae). m. Crystal sacs, periderm, and boundary layers of the mesophyll. Bot. Gaz.: 146:375-94. 18. Wilder, G. J. 1985d. Anatomy of noncostal portions of lamina in theAGE~J. TE M No. --3' ~-, FEB 1 1 Z001 Cyclanthaceae (Monocotyledoneae). IV. Veins of interridge areas, expansion tissue, and adaxial and abaxial ridges. Bot. Gaz.: 146:545-63. 19. Wilder, G. J. 1986a. Anatomy of first-order roots in the Cyclanthaceae (Monocotyledoneae). I_. Epidermis, cortex and pericycle. Can. J. Bot.: 64:2622-44. 20. Wilder, G. J. 198613. Anatomy of first-order roots in the Cyclanthaceae (Monocotyledoneae). II. Stele (excluding pericycle). Can. J. Bot.: 64:2848-64. 21. Wilder, G. J. 1987. Conlxibutions to taxonomy and morphology of Schultesiophytum chorianthum Harl. and Dicranopygium mirabile Harl. (Cyclanthaceae). Opera Bot.: 92:277-91. 22. Wilder, G. J. 1988. Inflorescence position as a taxonomic character in the Cyclanthaceae. Bot. Gaz.: 149:110-15. 23. Wilder, G. J. 1989. Morphology of Dianthoveus cremnophilus (Cyclanthaceae). Can. J. Bot.: 67:2450-64. 24. Wilder, G. J. 1989. Anatomy of Dianthoveus cremnophilus (Cyclanthaceae). Can. J. Bot.: 67:3580-99. 25. Wilder, G. J. 1992. Comparative morphology and anatomy of absorbing roots and anchoring roots in three species of Cyclanthaceae 0Vlonocotyledoneae). Can. J. Bot.: 70:38-48 26. Hammel, B. E., and G. J. Wilder, 1989. Dianthoveus: a new genus of Cyclanthaceae. Ann. Missouri Bot. Gard.: 76:112-123. 27. Wilder, G. J. and D. H. Harris. 1982. Laticifers in Cyclanthus bipartims Poit. (Cyclanthaceae). Bot. Gaz.: 143:84-93. 28. Tomlinson, P. B. and G. J. Wilder. 1984. Systematic anatomy of Cyclanthaceae (Monocotyledoneae)- an overview. Bot. Gaz.: 145:535-49. 29. Wilder, G. J. 1991. Normal and teratological pistillate spikes of Typha angustifolia Cryphaceae): gross aspects of morphology, anatomy, symmetry, and inflorescence dehiscence. Can. J. Bot.: 69:321-35. 30. Wilder, G. J. 1992. Comparative morphology and anatomy of absorbing roots and anchoring roots in three species of Cyclanthaceae 0Vlonocotyledoneae)- Can. J. Bot.: 70:38-48. 31. Wilder, G. J. 1992. Orthodistichous phyllotaxy and dorsoventral sy adult shoots of Cyclanthus bipartitus Poit. (Cyclanthaceae). Can. J.~ rnmet;t~L~ll~,~ I TEt4 Botl o. .rr FEB 11 21)03 70:1388~1400. 32. Wilder, G. J., and J. R. Johansen. 1992. Comparative anatomy of absorbing roots and anchoring roots in three species of Cyclanthaceae (Monocotyledoneae). Can. J. Bot.: 70:2384-2404. 33. Wilder, G. J., and M. R. McCombs. A floristic study of Fawn Pond and surrounding territory (Cuyahoga Valley National Recreation Area and Breeksville, Ohio). Castanea: 64:50-63. 34. 35. Wilder, G. J., and M. R. McCombs. 2002. New records of vascular plants for Ohio and Cuyahoga County, Ohio. Rhodom. 104:23 pp. Wilder, G. J., and M. R. McCombs. A floristic study of a beaver pond and surrounding territory (Cuyahoga Valley National Recreation Area, Cuyahoga Falls, Ohio). Castanea. Accepted for publication and in revision. 36. Wilder, G. J., and M. R. McCombs. New records of vascular plants for Ohio and Cuyahoga County, Ohio. Part II. Rhodora. Submitted for publication Selected Non-refereed Publications 1. Wilder, G. J. 1992. A substitute for the comparison microscope. American Laboratory. (News Edition). December: p. 22. 2. Wilder, G. J. 1994. Book review. Season of promise: wild plants in winter in Northeastern United States. Northwest Ohio Quart. o Wilder, G. J. Book Review. T. S. Cooperrider. The vascular flora of Ohio Volume Two: The Dicotyledoneae of Ohio Part Two: Linaceae through Campanulaceae. Northwest Ohio Quart, In Press. Wilder, G. J. Book Review. 2002. T. S. Cooperrider, A. W. Cusick, and J. T. Kartesz, eds. Seventh catalog of the vascular plants of Ohio. Ohio State Univ. Press, Columbus, OH Papers Presented at Professional Meetings 1. Structure oftracheids in three species ofLycopodium. A.I.B.S., Bloomington, Indiana, 1970. Symmetry and development in Vallisneria americana. A.I.B.S., Mirmeapolis, Minnesota, 1972. Trends in the evolution of the shoot in the Alismatidae. Al Massachusetts, 1973. ilB.S.A, ~T£1q No FEB Leaf development of Carludovica palmata (Cyclanthaceae) and Serenoa repens (Palmae). A.I.B.S., Tempe Arizona, 1974. 5. Morphology of six species of the Asplundia Group (Cyclanthaceae). A.I.B.S., New Orleans, Louisiana, 1976. 6. Structure and symmetry of species of the Sphaeradenia Group (Cyelanthaceae). Bot. Soc. Amer., Blacksburg, Virginia, 1978. o Structure, development and symmetry of Cyclanthus bipartims. Poit. Bot. Soc. Amer., Vancouver, British Columbia, Canada, 1980. Functional and systematic-anatomical studies of laminae of the Cyclanthaceae. I. Epidermis. Bot. Soc. Amer. North DakOta, 1983. Functional and systematic-anatomical studies of laminae of the Cyclanthaceae. II. Mesophyll and veins. Bot. Soc. Amer. North Dakota, 1983. 10. Stelar anatomy of first-order roots in the Cyclanthaceae. Bot. Soc. Amer. Gainesville, Florida, 1985. 11. Contributions to taxonomy and morphology of Schultesiophytum chorianthum Harl. and Dicranol~ygium mirabile Harl. (Cyclanthaceae). Bot. Soc. Amer. Amherst, Mass., 1986. 12. A new monotypic genus of Cyclanthaceae from Ecuador. Bot. Soc. Amer. Davis, CA, 1988. 13. Normal and tertatological pistillate spikes of Typha angustifolia (Typhaceae): gross aspects of morphology, anatomy, symmetry, and inflorescence dehiscence. Bot. Soc. Amer., Richmond, VA, 1990. 14. Comparative anatomy of absorbing roots and anchoring roots in three species of Cyclanthaceae. 0Vlonocotyledoneae). Bot. Soc. Amer. 1992. Present Research 1. A floristic study of the vascular flora of Collier Co. and Lee Co., Florida Service on University Committees (CSL0 Instructional Media Services Committee: 1988-1991 Research and Creative Activities Committee: 1987-1989 University Safety and Health Advisory Committee Environmental Safety Subcommittee: 1990-1991, 1996-1998 University Curriculum Committee: 1990-1992 Service - Working'Groups Contributing to Revision of University Curriculum (CSU) Group pertaining to continuity requirements: 1990-Chairman Group pertaining to laboratory sciences requirement: 1990-1992 Group pertaining to writing requirement: 1990 Service on College Committee (CSL0 Professional Leaves Committee: 1987-1989 - Chairman Service on Department Committees and Related Activities (Biology Department~ CSU) Darkroom Committee 1984-1990 - Chairman Graduate Committee on Curriculum and Academic Standards 1989-1993 Library Committee 1984 Teaching Assistant Awards Committee: 1985-1987, 1989-1994 Chairman 1993-1994 Honors Committee: 1990-ca. 2000 Microscope Coordinator: 1998-present Curator of Greenhouse: 1984-present Additional Professional Activities 1980 Invited lecturer for The Microscopical Society of Illinois 1984 Invited lecturer for The New York Microscopical Society 1987 Invited lecturer for The Cleveland Fossil Society 1989, 1990, 1992 Invited lecturer f°r thc Ohi° Native Plant Sc :ietx'-AG, 10 FEB ]! 2003 1992 1996 1996-1997 Invited lecturer for The Indoor Light Gardening Society of America Member of East Cleveland Negotiating Team during its negotiations with Cleveland Heights pertaining to Forest Hill Park (East Cleveland and Cleveland Heights, Ohio) I testified repeatedly before the Forest Hill Park Commission and Cleveland Heights City Council, in respect to Forest Hill Park Current Membership Native Plant Society of Northeastern Ohio N.Y. Microscopical Society Florida Native Plant Society Audubon Society Elected Office Forest Hill Park Conservancy, President 1998-1999 Native Plant Society of Northeastem Ohio, Vice President and Program Chairman, ca. 1996-present Coalition for Responsible Stewardship of Forest Hill Park, Treasurer, 1998-1999 11 AGE~TEM FEB 1 1 2003 3301 East Taminmi Trail (239) 774-8097 ' Fax: (239) 774-3602 Application for Advisory Committee/Boards Name:{ Dave Wolfley Home Address: I4250 - 1~t Avenue NW Fax 239-352-2100 i Business Phone: No. t HomePhone: [239-352-2100 I Zip Code: 134119 455-2363 e-mail address: davewolfley~aol.com Busiaess: I Time Warner Cable Board or Committee Applied for: [Conservation Collier Land Acciuisition Advisory Catagory Ofqot,tie~t, te): I Contract negotiator, real estate investor, environmentalist Example: Commission District, Developer, environmentalist, lay person, e~c. Are you a registered voter in Collier County: Yes XX I ]No { Do you currently hold public office ? Yes I No XX If so, what is that ofi'~e ? [ I Do you now serve, or have you ever served, on a Collier County board or Committee? Yes XX Ryes, please list the committees/boards: f Collier County Planning Commissioner Please list your community activities (civic clubs, neighborhood associations, etc.) and msitious held: 1 Collier Building Industry Association, Economic Development Council, ,Golden Gate Area Civic Association, Rotary of Naples Golden Gate, Collier Fruit Growers Association, Naples Area Chamber of Commerce, Conservancy of Southwest Florida Education: [ Civil & Technical Draftin~ and Design; Mineral Engineering.; i Numerous real estate courses, Sales courses, Ne~otiatinl~ courses and seminars. Experience: I See attached resume AGE~ IIEM FEB 1 ! 200) Please attach any additiomal information you feel perffnen£ This application should be forwarded to Sue Filson, Executive Manager to the Board of Co~ty Commissioners, 3301 East Ta~iami Trail. Naples, FL 34112. lf you ~ish. please fax your applicaffon m (940774-3602 or e-mail to suefilson~!coiliergov, net Thank you for volunteering to serve the citizens of Collier Return to Top Print this Page Collier County Home bio. FEB 1 1 2003 Home: 4250 - 1st Avenue NW Naples, Florida 34119 (941) 352-2100 DAVID J. WOLFLEY Office: 1610 - 40th Terrace SW Naples, Florida 34116 (941) 455-2363 Ext. 239 OBJECTIVE: To use my knowledge, insight, experience and business acumen for the greater good for the citizens of Collier County through becoming an active participant in the workings of the Conservation Collier Land Acquisition Advisory Committee. QUALIFIED BY: Over twenty years experience in land and easement commct negotiations which provides me with a vast knowledge of what works and what does not work in land acquisition. With nearly two years of service on the Collier County Planning Commission has provided me with invaluable insight into the hearts and minds of environmentally concerned entities. My background in sales and marketing gives me a unique understanding of how to package and presem concepts. ]DUCATIONAL BACKGROUND: COLORADO SCHOOL OF MINES Golden, Colorado 8/73 to 6/75 Basic and Mineral Engineering AMES COLLEGE Greeley Colorado 7/71 to 5/73 Civil and Technical Drafting and Design NORTHWESTERN MILITARY & take acneva, Wisconsin 9/63 to 6/68 High School NAVAL ACADEMY 'AGEN~ ~EM FEB 11 2003 ACCOMPLISHMENTS & AREAS OF EXPERTISE: Proven Sales and Marketing Ability · Solely entered market for new cable televiSion and telephone service provider to MDU / PUD properties, and in nine months with no existing service was able to successfully negotiate 7,482 units locally and 5,298 units nationally; as well as created a full Strategic Marketing Plan and Multi-Unit Market Analysis. · Sold over $200,000 in business telephone and peripheral hardware, and negotiated numerous long distance contracts - both switched and dedicated access. · Sold and administered over 100 construction contracts with 50 builders and developers with values of nearly $2,000,000, in a 16 month period. · Successfully negotiated over 200 cable televiSion contracts representing l 7,300 units with annual revenue over $2,000,000 (contract values of $20,000,000). · Built company from $70,000 to over $500,000 annual sales, doubled the number of accounts, while showing a significant increase in per account income. Creative Corporate Development & Effective Business Planning · Wrote, published, implememed, and sold various funding vehicles, including a Private Stock Offering, two Limited Partnerships, and a Joint Venture. · Prepared and delivered presentation collateral material to enhance selling process. · Developed and managed corporate process including policies and procedures. · Created an effective flow from initial sale to customer service to billing and collections. FEB 1 1 2003 CAREER CHRONOLOGY: 11/96 to Present 'IME WARNER CABLE, Commercial Development Manager Naples/Ft. Myers Commercial Development 1/96 to 11/96 OPTEL COMMUNICATIONS, INC., Business Development Manager Naples/Ft. Myers Commercial Development 5/92 to 1/96 COMMUNICATIONS GROUP OF AMERICA, INC., Commercial Account Manager Ft. Myers, Florida Communications Systems & Network Sales 6/90 to 5/92 E & S CONSTRUCTION, INC., Sales & Marketing Manager Naples, Florida Sales and Administration 2/88 to 6/90 PALMER CABLEVISION, INC., Sales Supervisor Naples, Florida '~.ommercial Development 2/82 to 9/88 ALPINE CABLE VISION, INC., President and Primary Stockholder Denver, Colorado New Business and Corporate Development 7/78 to 1/82 EXOTICA PLANTSCAPING, INC., Vice President and Co-Owner Denver, Colorado Sales and Administration Successfulb/completed various seminars and 'professional courses, including: Leadership Dynamics Institute - Basic and Advanced Seminars A Time Systems, : Inc. - "Productivity Through Personal Organization" Karrass Negotiating Seminars - "Effective Negotiating" Tom Hopkins Sales Training - "The Art of Selling Anything" Dr. Dennis Waitley - 'Psychology of Winning" & "Seeds of Greatness" Dr. Wayne Dyer - 'Being a No Limit Person" Lorerta Malandro, Ph.D. - "Power Selling" Numerous Real Estate Investing and Negotiating Seminars -- Mtended numerous technical and legal seminars and short courses related to the commun · veil as real estate industry. mtiO~o .~.~'r EM FEB 1 1 2003 CLUBS, ORGANIZATIONS AND COMMUNITY SERVICE: Current: · Collier Building Industry Association - Parade of Homes · Economic Development Council of Collier County - Connecting Collier County · Naples Area Chamber of Commerce · Collier Fruit Growers Council · Rotary Club Naples Golden Gate - Club Secretary · Collier County Planning Commission - Commissioner Golden Gate Area Civic Association - Director Past: · Naples Area Apartment Association · Southwest Florida Rental Housing Assoc · Community Association Institute · Condominium Owners and Managers A · Building Managers International · Lee County Hotel Motel Association · University Club - Crown Ambassador · Chamber of Commerce - Southwest Florida · Who's Who in American Colleges CHARITABLE INVOLVEMENT: · Conservancy of Southwest Florida - Partner Member · Climbing For A Cause: Hope for Haiti - Sets up children's clinics o Naples Community Hospital's Duke Cancer Center · National Kidney Foundation · Youth Haven · Including several financial contributions Pg Collier County Home ] BCC I Application for Advisory committees/Boards Page 1 of 2 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Application for Advisory Committee/Boards Name: i~,~'/14~~ ~..~J~(O(-~_ aomePhone: Home Address: ltlT.-'Tr~,,.:[ 7~:.4". ).~,-'. FaxNo. ctt~ ~75~ Business Phone: Business: ]._-;~.~._, ~.q~_~.~ Board or Commit/ee Applied for: /=a,~3 ~c~': Example: Comm~ion Distric~ Developer, environme~iis~ lay per~on, etc. Are you a r~tered v°'ter in Collier CounW: Yes ~ No Do you currently hold public o~ce ? Yes No If so, what is thnt o~ce ? Do you now serve, or have you ever served, on a Collier County board or Committee? ,., Yes ~ No lfyes, please list the committees/boards: ~'r.)~nn,~,n,~,vt,'-~7 ~' I'~;-r6~ L~%' ~t27zx~,,_;"~,O-r~.~... Please list your community activities (civic clubs, neighboorhood associations, etc.) and positions held: ~-'r ~".J'c :' /'.-ye, . /~.(~., L~.~:! ~'¢-./~'/' / ~,.,~ ;~ ~;c~+~ ~; ~~.- ~ ~ j ° . ' · I ¢ - :'' -'~ . ' d ' ' ' - · ~ ' x ' ; . , - - - ~ *" ' Please allah any additio~l information you feel ~rti~nt. This application shouM ~ j ~ar~ ~~ec~i~ Manger to t~ B~rd of Coun~ Commissio~rs, 3301 ~t Tamiami Trail, N~I~. FL ~ ~112.~ ~ applic~ion to (941~ 774-3602 or e-mail to s~filson~colliergov. ~t. Thank you f~ volu~e~ ring to se~e t~ cit~e~ oj ~on e~ co .. FEB 1 I 2003 http://www.colliergov.net/bcc/advisory%20application.htm Pg'~ 12 Z5/2002 Mimi $. Woiok Attorney at Law 1112 Trail Terrace Drive Naples, Florida 34103 2391403-9992 fax 239/403-8733 mwolok~peganet.com HAND DELIVERED 26 December 2002 To the Board of County Commissioners, ! am interested in applying for the Land Acquisition Advisory Committee. My experience is diversified in a way that seems tailored precisely to the Committee's purpose. First, I would bring a scientific perspective to the Committee. I was a practicing wildlife biologist for several years and I trained in Florida's native ecosystems. Even now, I am a part-time professional naturalist, taking groups on tours of the Fakahatchee Strand. My biological knowledge of local habitats would greatly assist the land evaluation process in terms of each potential parcel's ecological values. My real estate law experience includes title examinations, negotiating real estate contracts, drafting conservation easement agreements and closing real estate deals. Also, my work on behalf of the Florida Land Trust Network includes giving advice on creative financing to make real estate deals happen. My primary responsibilities as the Staff Attorney at The Conservancy of Southwest Florida involved developing the land acquisition program. Having worked with Lee County's land acquisition program and land management subcommittee, ! am familiar with issues particular to managing parcels in their undeveloped state, and to realistic financial expectations of managing the parcels purchased under the county's land acquisition program. We dealt with issues such as dumping, fencing, feral animals and establishing a long-term management fund. I attended many Conservation 2020 meetings at which issues were addressed that will inevitably be addressed in this Advisory Committee. Such issues include creating criteria under which all parcels are evaluated prior to purchase; weighing whether a highly desirable parcel may be too cost-prohibitive; deciding whether proposed uses of parcels (e.g. utility stations) are compatible with the enabling ordinance; and landowner relations. The CREW land acquisition committee dealt with these same issues, and with finding new ways to encourage willing sellers. And'of course I have ~ampaigned hard for and contributed to this important program and gathered many statistics on other similar programs. Therefore, I am arguably the biggest fan of the new land acquisition program. Thank you for your kind consideration. Mimi S. Wolok -1- FEB 1 1 200 } Collier County Home I BCC I Application for Advisory Committees/Boards Page 1 of 2 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Application for Advisory Committee/Boards Home Address:' 17'7 ,4,~,lui~c.:,., Fax No. ~-q,4-~-'~ t g Business Phbn~:' t ._~ Business: ~e~'~£ oLv.~;c.s n~"~-~__~¢.~ Board or Comn~ittee Al~pi(e~ for:. I CaL~gory (if applicable): Ex~mple: Commission District, Developer, eavironmeat~list, lay person, etc. Home Phone: ~q Zip Code: Are you a registered voter in Collier County: Yes Do you currently hold public office ? Yes If so, what is that office ? No No Do you now serve, or have you ever served, on a Collier County board or Committee? If yes, please list the committees/boards: Yes No J Plcuse list your community activities (civic clubs, neighboorhood associations, etc.) und positiomheld: V;c~ ~'~-.~s'~,4~,.,~ ~'~.~ V,~[[,.~ ('~,4} ~i-o~,..,,,~,,, 0~¢~ / * ,/ i t* http://www.colliergov, net/bee/advisorf,420applieation, htm 12/8/02 EXECLVTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE COLLIER. COUNTY PLANNING COMMISSION OBJECTIVE: To appoint 1 member to fulfill the remainder ora vacant term, expiring on October 1, 2004, on the Collier County Planning Commission. CONSIDERATIONS: The Collier County Planning Commission has 1 vacancy due to a death. This 9-member committee assists in the formulation and review of the Comprehensive Land Use Plan, Land Development Code, and amendmems to both, and then submits their recommendations to the Board for final decision. Members are required to file a Form 1, Statement of Financial Interest each year with the Supervisor of Elections. Terms are 4 years. A list of the current membership is included in the backup. A press release was issued and resumes were received from the following 4 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. George F. Stoddart District 2 2 Yes None Theodore L Raina, Jr. District 2 2 Yes None Paul D. Lehmann District 2 2 Yes None Bradley William Schiffer District 2 2 Yes Bd ofBIdg Adj and Appeals COMMITTEE RECOMMENDATION: No Recommendation FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment, appoint 1 member to represent Commission District 2, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: FEBRUARY 11, 2003 Memorandum To: From: Date: Re; Sue Fi[son, Administrative Assistant Board of County Commissioners Susan Mun'ay, AICP, Interim Director, Planning Services Department January 23, 2003 CCPC Vacancies As an advisory board which makes decisions on quasi-judicial land use petitions, the Collier County Planning Commission voted unanimously against making recommendations for specific applicants to fill vacancies on the Planning Commission. Based on my review of the attached resumes and back up material, all of the candidates appear qualified, provided all reside within the appropriate commission district boundaries. I have attached spreadsheet summarizing pertinent information for each of the applicants and the original memorandum you sent to me with the candidates names. CC: Joseph K. Schmitt, Administrator Community Development & Environmental Services Division F'EB I ! 2CD3 Pg. Collier County Planning Commission Name Ms. Lora Jean Young 1268 N. Collier Boulevard Marco Island, FL 34145 District: 1 Category: Commission District Mr. Russell A. Budd 5981 14th Avenue, N.W. Naples, FL 34119 District: 3 Category: Commission District Mr. David J. Wolfley 4250 1st Avenue, N.W. Naples, FL 34119 District: 3 Category: Commission District Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 642-5925 09/12/00 10/01/03 3 Years 643-6527 09/21/93 10/01/97 4 Years 594-3012 09/25/01 10/01/05 4 Years 455-2363 05/22/01 10/01/03 455-6116 Mr. Kenneth L. Abernathy 4200 Belair Lane, Apt. 108 Naples, FL 34103 District: 4 Category: Commission District 263-4295 2 Years + Mr. Paul Midney 1807 Roberts Avenue Immokalee, FL 34142 District: 5 Category: Commission District Mr. Mark P. Strain 3675 Third Avenue, N.W. Naples, FL 34120 District: 5 Category: Commission District 09/29/99 10/01/03 4 Years 658-3000 09/25/01 10/01/05 4 Years 404-0104 09/11/01 10/01/04 455-7858 3 Years ~'ednesda. v, April 1 O, 2002 Page I of 2 -'- Collier County Planning Commission N~me Work Phone .4ppt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Dwight Richardson 725 101st Avenue, North Naples, FL 34105 District: 2 Category: Commission District Mr. Frank J. Fry ~{(: o~" 6732 Pelican Bay Boulevard Naples, FL 34108 District: 2 Category: Commission District 594-534'1 591-1758 I 1/14/00 10/01/04 4 Years 04/09/02 10/01/04 2.5 Years Mr. Lindy Adelstein 239- IPalm Drive Naples, FL 34112 District: 1 Category: Commission District 732-0966 09/25/01 10/01/05 4 Years This 9 member committee was created by authority of Chapter 67-1246, Laws of FL. On 09/03/85 the BCC adopted Res. No. 85-190, expressing intent to consider an ordinance consolidating functions of Coastal Area Planning Commission and Immokalee Area Planning Commission into CCPC. On 09/24/85, Ord. No. 85-51 created the CCPC, which was repealed by LDC Ord. 91-102. This committee assists in the formulation and review of the Comprehensive Land Use Plan, Land Development Code, and amendments to both, and then submits their recommendations to the Board for final decision. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. Terms are 4 years. FI. STAT Sta.~.- Susan Murray, Current Planning Manager. 403-2300 I~Fgdntsday, .4pri110, 2002 Page 2 of 2 AGEND MEMORANDUM DATE: December 13, 2002 TO: Elections Office FROM: Sue Filson, Executive Manag Board of County Commism'oncrs Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointmem to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. COLLIER COUNTY PLANNING COMMISSION COMMISSION DISTRICT George F. Stoddart 211 Conners Avenue Naples, FL 34108 Theodore J. Raia, Jr. 7117 Pelican Bay Boulevard, Apt. 404 Naples, FL 34108 Paul D. Lehmann 3 Bluebill Avenue, Apt. 411 c~Nap!es, FL 34108 'Bradley William Schiffer 520 Sugar Pine Lane Naples, FL 34108 Thank you for your help. MEMORANDUM DATE: TO: FROM: December 13, 2002 Susan Murray, Current Planning. er Sue Filson, Executive Manager~. , Board of County Commissione~-'' Collier County Planning Commission As you know, we currently have 1 vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: George F. Stoddart 211 Conners Avenue Naples, FL 34108 Theodore J. Raia, Jr. 7117 Pelican Bay Boulevard, Apt. 404 Naples, FL 34108 Paul D. Lehmann 3 Bluebill Avenue, Apt. 411 Naples, FL 34108 Bradley William Schiffer 520 Sugar Pine Lane Naples, FL 34108 Please let me know, in writing, the recommendation for appointment oftbe advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please emtegorize the appliemnts in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments i'2/09/2002 04:5i 941-597-1537 GEO STODDART PAGE 82 12/il/2002 15:3] FA1 94]7743602 BCC Board of County Commissione~ 3301 East Tmnlaml Trail Naples, FL 34112 l~t~: ('941) Application for Advisory Committees/Boards Are yMI a HI:him'mi vMer in Collier Couat~. Yes, ~ No Do ycm currently hold pubik eflJee? ¥os___ No V/ 12/09/2002 84:51 941-597-1537 GEO STODDART PAGE 03 GEORGE F. STODDART CONSTRUCTION OBSERVATION Mr. 8toddart ~ mom than thkty yearn of experience in all ;)hem of construclion, includk~ balloon frame, multl-ltory mi frame, concmM, mammy, eledree wiring, and plumbing. He ran - ve~f au(:ceil~ eonstnJ(:tbn busktes~ for twenty year~ winning numerous awards In the Haddonfled, New Jermy .me. He hi~ held. mm~er plumbing license in NJ, and served aa an ~ Gmph~ 8ewtce, Inc. - Conetmcled and renovated all bulkllngs on site, including a 150' x 200' lare~ room, and a two story, .reel frame I ma~oflry ofllce and ofl~t printing faca~. Roney, Roads & Leonard. Inc. - Con(a~ed an award-winning hblorically accurate replica of the Wlllima~Jeg, VA ~rnor'a Men~io~, In Haddonfleld, NJ. GIb'a Tavern, Haddonfleld, NJ - in accordance ~ historical guidelines, renovated the colonial tavern, belt in 1777. Recei~d commendation from the State of NJ for this accurate restoration ERmbeet Haddon House, Haddonfleld, NJ - reno-mt~ !~ ort~lai house, built in 1713. Located and rebult an ice houae and a smoke houae from architec~ral remains found on the ~ Reoeived a NJ state Historical 8oclety commendation. Co-authored the inslructional pubilcati~ entlltecl. ~ I-~-~ - A Pma,~rvation (~uide_ 1988 150 homes in magnolia N.J. [MAGNOLIA VILLIAS] 75 hom~ in magnolia N.J. [MAGNOLIA HEIGHT5] 3 ~ eye ~urgeon ~ complex, a 4 story condo, .tore complex in Haddonfield N J DR. Hewer 2 ~rf o1~. con4o coml:~ax ~ist] La~nNde N.J. ¢om]o ecx~rtKdlon Venlnm' NJ.J60 UNITS], Batrfl~gton NJ [4/4 a~ory buila'inga],Atlantlc City Bulder of Ihe Year, I-laddontla~, NJ ~ l~and State of New Jemey Tax A~et~x' - 1968 through 1978 Stm of New Jeraey Ma~er Humber - 1~7'0 through 1ga; Board of CounD' Commissioners 3301 East Tamiami Trail Naples, FL 34112 {941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Name: Theodore J. Rah, Jr. Home Phone: (239) 594-28S1 Home Address: 7117 Pelican Bay Blvd., Apt. 404, Naples, FL Zip Code: 34108 Fax No. same Business Phone:__N/A e-mail address: raia(~erois, com Business: Retired Board orCommitteeAppliedfor: Collier County Planning Commission - District 2 Category (if applicable): Resident Example: Commission District, Developer, e~vironmentMist, lay person, etc. Are you a registered voter in Collier County: Yes X__No Do yon currently hold public office? Yes If so, what is that office? No X Do ytm now serve, or have you ever served, ou a Collier County board or e°mm~ttee? Yes X If yes, please list the committees/boards: No Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Board of Directors, Pelican Bay Property Owners Association, Board of Directors, St. Raphael Condominium Assoeiation Education: BS Manhattan College, MD University of Rome Experieaee: 3 years Conservation Commission, 10 years Planning Board, 3 Years Zoning Board of Appeab, Harvard. Massachusetts AC~'~IUA Pg. ~ Theodore J. Rain, Jr., M.D. 7117 Pelican Bay Boulevard Apartment 404 Naples, Florida 34108 (239)594-2851 raia~erols.com · Resume Ted Raia retired as colonel fi-om the US Army Medical Corps with 26 years of active duty including his medical training. His assignments included commanding the 200 bed 46th Combat Support Hospital with the 18th Airborne Corps in Saudi Arabia and Iraq during the Gulf War. For the last five years of his career he was Chairman of the Department of Radiology at the world renowned Walter Reed Army Medical Center. While there he founded the Emily Lawrence Reed Imaging Center for Women and modernized the department. Ted retired from active duty in February of 1997, the year he became a resident of Pelican Bay. He had an additional 14 years as a civilian in the Army Reserves and was the head of a hospital based radiology practice in Massachusetts. In the 1970's he founded the Valley Emergency Physicians Corporation that provided 24 hour emergency service to a rural community hospital well ahead of its time. While in civilian practice he served on the Board of Trustees of the Nashoba Community Hospital, the North Middlesex Savings Bank, and the Fruitlands Museums. His commitment to his community is further demonstrated by the ten years he served on the Town of Harvard Planning Board, as well as serving on the Zoning Board of Appeals, the Conservation Commission, and the Committee for Elderly Housing. In 1978 he was a volunteer physician with Care Medico in Afghanistan and with his wife, Fil, were held captive by the first revolution to grip that country. In 1981 he was appointed a Medical Examiner by the Governor, a position he held for over ten years. Ted and Fil lived in Harvard for 22 years where they raised their six children. Now you may see them enjoying a visit fi-om their six grandchildren. In Pelican Bay he serves on the Board of Directors at the St. Raphael and on the Board of Directors of the Pelican Bay Property Owners Association. He has also been appointed to two committees of the Foundation, the Ad Hoc Communications Committee and the Restaurant Advisory Group. _ ._// SUN ~4:50 F.~ 2626908 SECOND_FL ~ o0~ December 8,2002 Mrs. Sue Filson, Executive Man-ger Board of County Commissioners 3301 Tsmi~ Trail ~ Naples, Florida 34112 Re: Advisory Committee Application Dear Mrs. Filson: I would like to apply for one of the following open Advisory Commi~ee positions: · Collier County Planning Commission · Workfor~ Housing Advisory Committee · Conservation Collier Land Acquisition Advisory Committ~ I believe my professional and personal experiences would assist me in becoming a valuable and contributing member to any committee to which I am appointed. For example, I have worked for both the public and private sector in fields either directly or indirectly related to each of thc aforememtioned committees. At present, I am an attorney with Bond, Schoeneck and King, P.A., focusing on land use, real estate, business and litigation matters. I have been affiliated with Collier County for approximately 18 years and have lived here "full-time' for a year. I truly care about the issues that face Collier County and consider it my home. Lastly, I have attached my resume for your review and should you have any questions please feel free tn contact me. Thank you for your time. 12/08/02 SUN 14:50 F.a.X 2626908 SECOND_FL I~ 002 PAUL D. LEHMANN 3 Bluebill Avenue, Apt. 411 * Naples, Florida 34108 * Phone: (608) 346-5000 ' plehmson~bsk, com EDUCATION/LICENSES Universe. of W'=con~t - Madison, Law School Juria Doctor Q Member of Wisconsin Environmental Law Journal cl Cat, Il Scholar (Study tour of China with UW-Burine~ School) December 2001 C/aud Sta~, BES ~ Major:. Biology GPA 3-5/~.0 August 1996 · F/ar/da State B~r, admit~ to p~actic¢ · W'~constn State Bar, admitted to practice November 2002 lnnuaxy 2002 StYe of Ft"'tsco~.~'_~t~_ I_aw Enforcement Standards Board · State cer~ed law enforcement officer November 1995 EXPERIE~NCE Bond~ $choeneck & Kin~. LLP Azsocia~ April 2002 - June 2002, 'September 2002- Present Conduct legal research and prepare legal memoranda Client contact File management, including billing and accounting Direct and coordinate ~ff Primarily work with Land Use, Property, Busincss and Litigation departments although assist with Tax and Trust administration. Walwortk CountF District Attarne~'t Office UW-Prosecution Proj~-t Participant June 2001- August 2001 · Apl~ar~ in court on a daily basis for a variety of court proceedings · Interviewed wituesscs, drafted briefs, motions and ~omplainta · Contacted victim.s, wimesses and defense attorn~ · Dixected eertaha inve~igarions, reviewed police reports and made charging decisions · Held plea negotiations and coordinated restitmien paymen~z ~..~., of W'tseon~in, Department of .htstice._ Civil Litigation Uuit Law Clczk · Janum~ 2001 - May 2001 Dmf~ various bricf~ and motions Conducted legal re. search dealing primarily w/th the constitutional issues that relate to prisoners and civilly c~mmitted sex offenders Organized and indexed complex trial documents Interpreted stat~s and rules Participated in workplace training and observed trials St_~te__ of Nf~sco.s;__.~ DeparOm~_.__ of Natural R~ource. s Bureau of Lagal Services Law Clerk · Conducted legal research and prepared k~al memoranda · Provided legal inlx, rpmlafion of statutrs aud rule~ Coniactzd citizens and responded to complaints · Drafl~ department tettets to assist with policies and procedures Directed~ coordlnat~t and led adminis~ative rule hearings May 2000 - September 2000 ~2/'08/02 SUN ~4:$0 F3~. 2825908 S£COND_FL 003 SM Cons=rva~ion Warden lanuary 1995 ~- September 2002 * Rcsponsiblc for management ofscaIion budgcr~ * Coordinaled station public relations with other agencies, citizens snd volunteers * Conducted environmental inspections and en£orced laws and rules · Acte. d as a cour~ olClicar for th= state and mainUgncd cour~ rccord.~ Braun Intertec Corporation Project Mana~~en~ $cien6s~ Maua~ proj~-t budgets · Coordinat~ sit~ insp~tion ~hcdule Direct staff · Maintain client relationship March 1997 - December 1997 Environmental Technician · Environmental Spill Response · Coordinat~ billing and assist with bidding jobs · Conflr~d spa~ en~-y - Manifest r~vi~v S~ptcmber 1996 - February 1997 United States Coast Guard Rescue Aircrcwman~ctty Officer Third Class · Ccrtificd Rescue Aircrcwman · C-~cd Maritime Law Enforcement Boarding Crewman · Qunlified Small Boat Crewman · Forward Looking Infrared Techn/cian July 1989 - April 1994 APERSONAL · M=mber of Profcsdonals Organized for Lcadcrship and Oppor~ (POLO) o A civic mindcd organization that providcs scholarships for local studcnrs · Former member of Public Iutercsl Law Foundation, clinical program o Worked on behalf of insured persons during implcmcntation ofncw hca[th insurance regulations. Implemented volunteer "River Patrol' program to assist with euforcement of violations · Vohmteered at Disabled Veteran~' Fishing Outing · Participant in a variety of athletic events ~e~ 13 02 03:4Sp TAXIS NAPLES for ~;?' Sue Filson . ~.': ~. ~ Administrative ~t .>~ , _ .~, "' ~4L~A~ A~i~ ~d PI~ 520 Su~ ~c ~ N~I~ ~o~ 3410S 239~.0235 ~.T~ December 13, 2002 Dear Sue: Please find attached my application for the Planning Commission representing Distdct #2 along with my resumb. Feel~ree to contact me with any questions or concerns. Br d Schiffer Arc ~itect bmc ~TAXIS-usa.com De'c 13 02 03:4Gp TR×IS ~RPLES 23~-254-0417 Collier County Board of Commissioners 3301 East Tamiami Tra/! Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Name: Bradley William Schiffer Home Address: 520 Sugar Pine Lane, Naples Florida Fax No. 239.254.0417 Business Phone: 239.254.0285 Business: brad schUTer/Taxis inc. Home Phone: 239.254.0285 Zip Code: 34108 c-mail address: brad(~TAXT~-usn-com Board or Committee Applied for: Planning Commission representing District Category (if applicable): Architect Ezmuple: Commkn~40n Distrk~ Devdoper, envtromntntaU~ ky persm, etc. Are you a rcgistered voter in Collier County: Yes Do you currently hold public office? No If so, what is that office? Do you now serve, or have you ever served, on a Collier County board or commitme? Yes [fye~, please list the commi~o~rd~: Board of Building Adjush.ents and Appeals Please list your community activities (civic dubs, neighborhood assochtions, etc. and positions held: L~D.C. Architectural Standards Review Committee also see attached Education: Bachelor of Architecture from The Ohio State University Ir. zperience= see attached D~c 13 O~ 03:~p TAXIS ~RPLES 235-25~-0~17 BRADLEY W. SCHIFFER brad schiffer/TAXlS, Inc. Architecture & Planning Registrations: Registered Architect in Florida, ~tAR-0007134, 1976 NCARB ~42692 Professional Occupation: Brad Schiffer/TAXIS inc. FI-~a~-c000600 1978-Present Academic Qualifications: Ohio State University, Bachelor of Architecture, 1972 Academic Appointments: Professor, Miami-Dade Community College, 1988-2001 Advanced Computer-Aided Design and Drafting Environmental Technology Critic, Lehigh University, Bethlehem, PA, 1972 Professional Associations: American Institute of Architects National Fire Protection Association (NFPA), 1985-Present Member of the Technical Committee of Building Construction Member of the Technical Committee of Fire Safety Symbols National Institute of Building Sciences (NISB), lg99-Present Member of National CADD Standard Project Committee Member of the Future Trends Task Team Member of the Object Standards Task Team Foundation for Modem Architecture, Inc., 1992-Present Member of the Board of Directors Professional Competitions: Honorable Mention, 'Brickell Avenue Bridge Competition," 1990 Coordinating Architects with Principal Architect KenzoTange,"Dade County Administration Building," July, 1978 Honorable Mention, 'Biscayne West Compe~Jtion," Paul Rudolph and Harry Weese, Judges, 1975 First Prize, "Architecture 1980 Competition," R. BucY, minster-Fuller, Judge, 1972 Civic Associations: Collier County Building Board of Adjustments and Appeals, 2001-2005 Collier County ArchitecflJral Standards Review Committee Concept House, inc.. a residential substance abuse facility Member of the Board of Directora 1978-2000: President, 1996-2000 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY CODE ENFORCEME.WT BOARD OBJECTIVE: To appoint 4 members to serve 3-year terms, expiring on February 14, 2006, on the Collier County Code Enforcement Board. CONSIDERATIONS: The Collier County Code Enforcement Board has 4 terms expiring on February 14, 2003. This 7 member board, plus 2 alternate members, is composed of; but not limited to, individuals representing the occupations of architect, businessman, engineer, general contractor, subcontractor and Realtor and are considered, in part, on the basis of experience or interest in the areas of the codes and ordinances to be enforced. Memhers are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. Terms are 3 years. A list of the current membership is included in the backup. The terms for Peter Lehmann, Kathryn M. Godfrey, Gerald J. Lefebvre and George P. Ponte will expire on February 14, 2003. A press release was issued and resumes were received from the following 4 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Albert Doria, Jr. Business-Insurance 1 Yes None Kathryn Godfrey Business 5 Yes EMSAC & Code Enforcement Gerald $. Lefebvre Real Estate I Yes Code Enforcement/ALTERNATE George P. Ponte Retired CBS Employee I Yes Code Enforcement Mr. Gerald J. LefebVre currently serves as an ALTERNATE and would like to be appointed as a REGULAR member. NOTE: Section Seven (B) of Ordinance 2001-55 states "Terms of office for Board members shall be limited to two consecutive terms of service on any one Board...' Under (D) of the same section, it is noted that "By a unanimous vote of the Commission, the limitations set forth in subsection (B) above may be waived". According to available records, George P. Ponte has served 2 full terms. Should the Board wish to re-appoint Mr. Ponte, the limitations on two consecutive terms will need to be waived. COMMITTEE RECOMMENDATION: Quasi-Judicial- No Recommendation FISCAL IMPACT: NONE GROWTIt MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment, appoint 4 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filsort, Executive Manager Board of County Commissioners Agenda Date: FEBRUARY 11, 2003 p~. I To: From: Date: Subject: Memorandum Sue Fiison, Administrative Assistant Board of County Commissioners ~0~r-5 :?, Michelle E. Arnold, Code Enforcement Director January 15, 2003 Candidates for Code Enforcement Board Vacancy The resumes for the applicants listed below were reviewed and these meet the Code Enforcement Board Ordinance No. 92-80, general classification requirements in the following categories: NAME CATEGORY DISTRICT Gerald J. Lefebvre Albert Doria, Jr. Kathryn Godfrey George P. Ponte Real Estate One Business-Insurance One Business Five Retired CBS Employee One If you need further assistance, please advise. MEA/slh Code Enforcement Department Community Development & Environmental Services Division MEMORANDUM DATE: TO: FROM: January 13, 2003 Elections Office ~. Sue Filson, Executive Manage Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees.- Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. CODE ENFORCEMENT BOARD Albert Doria, Jr. 6134 Polly Avenue Naples, FL 34112 Kathryn Godfrey 530 18th Avenue, N.E. Naples, FL 34120 Gerald J. Lefebvre 4401 Beechwood Lake Drive Naples, FL 34112 George P. Ponte 565 Augusta Boulevard, #10 Naples, FL 34113 COMMISSION DISTRICT Thank you for your help. .2 Collier County Code Enforcement Board - North Mr. Peter Lehmann 67 Johnny Cake Drive Naples, FL 34110 Distn'ct: 2 Category: REGULAR - Engineer Ms. Roberta Dusek 963 Fountain Run Naples, FL 34 l 19 District: 3 Category: Realtor Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 59~-3100 10/06/98 02/14/00 2 Years 253-0202 11/23/99 02/14/03 3 Years 774-2428 02/10/98 member 7 months 201-1111 01/23/01 02/14/04 3 Years Ms. Kathryn M. Godfi'ey 530 18th Avenue, N.E. Naples, FL 34120 District: 5 Category: REGULAR - Business 348-2531 05/22/01 02/14/03 Ms. Sheri Barnett 591-2149 1160 27th Street, S.W. 455-4296 Naples, FL 34117 District: 5 Category: REGULAR - Financial Planning Mr. Clifford Wesley Fiegai, Jr. P.O. Box 2663 774-9674 Naples, FL 34106 District: 1 Category: REGULAR/Realtor 09/10/02 02/14/05 Ms. Rhona E. Saunders 3770 Parkview Way Naples, FL 34103 District: 4 Category: Realtor/Business 2 Years 3 Years 06/03/97 02/14/00 8 months 01/23/01 02/14/04 3 Years 02/23/99 02/14/02 3 Years 02/12/02 02/14/05 3 Years ThursWay, Septtonbe~ 12. 2002 Page 1 of 2 Collier County Code Enforcement Board - North Name Mr. Gerald J. Lefebvre 4401 Beechwood Lake Drive Naples, FL 34112 District: I Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 659.2449 04/28/02 02/14/03 1 Year 775-8604 Category: ALTERNATE - Real Estate/Zoning Mr. George P. Ponte 565 Augusta Boulevard, Apt. 10 Naples, FL 34113 District: 1 Category: Retired CBS Employee 02/18/97 02/14/00 3 Years 793-1370 01/25/00 02/14/03 3 Years Mr. Christopher Ramsey 363 Torrey Pine Naples, FL 34113 District: 1 Category: ALTERNATE - Attorney 530-3434 04/28/02 02/14/04 2 Years 417-0228 This 7 member board was created pursuant to Chapter 162 of the FL Stat. by Ordinance 88-89 and is composed of, but not limited to, individuals representing the occupations of architect, businessman, engineer, general contractor, subcontractor and Realtor and are considered, in part, on the basis of experience or interest in the areas of the codes and ordinances to be enforced. Members are required to file a Form I Statement of Financial Interest each year with the Supervisor of Elections. Terms are 3 years. This is a Quasi Judicial Board. Two alternate members were approved by Ord. 96-78 on 12/3/96. FL STAT 162 Staff.- Michelle Arnold, Code Enforcement Director:.: 403-2413 Thursdag; September 12, 2002 Page 2 of 2 MEMORANDUM DATE: TO: FROM: January 13, 2003 Michelle Arnold, Code Enforcen~e~ Director Sue Filson, Executive Manage~/,I Board of County Commissionef~ Code Enforcement Board As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Albert Doria, Jr. 6134 Polly Avenue Naples, FL 34112 Kathryn Godfrey 530 18th Avenue, N.E. Naples, FL 34120 Gerald J. Lefebvre 4401 Beechwood Lake Drive Naples, FL 34112 George P. Ponte 565 Augusta Boulevard, #10 Naples, FL 34113 Please let me know, in writing within the 41 day time-frame, if the applicants are qualified to serve as members on the board, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Jan 10 03 04:S4p GULF Coast Ins 239-403-3943 p.2 Board of Count~ Commissioners 33Ol East Tamiau~ Tran Napless ltl 34112 F~: O4D ~ Applic~._tion for Advisory Committees/Boards Name: Albert Doria Jr I~ome Phoae: 239-?74-$211 , Home Address: 6134 Polly Avenue Naples. F/ Zip Code: 34112 Fax No: 239-403-3943. Business Phonea 239-1033940 . _e=mnil address: Aldoria65@~aol.com Board Or Committee Applied for:_Colli~ CouuV,~ Code Enforc~errt Board, Category (if applicable): ~a~ifl~ts~L Are you a registered voter in Collier County: Yes: X_ No: _ Do you'currently hold public office? Yes: .___No: X_ If so, what is that office? Do yon now serve, or have you ever served, on a Collier County board or corr~mlttee? Yes: -- No: X ffyes, please ~ the c~mmittees/boards: ........ Trcn_~ucr: ers ./tv~, ~,- · ........ posmons nero. '.. ' 1 S ' 1 I Hi h Sch E~lucation:B -B in Admt C I n ni ' e fFlori ...... Tlda s-''~d''n skolfld be forwarded m Sue lqbon,, [] additional inbrmt~m yom %eel pcrllmmL _ . P .P"--~.. ..... m ~ts *2. ]LfvH wish, please hz yom' pknsenl~aeba Y_ __ · 3301F. ant~amta~llrnuv~mi~c~.'"~" ' - Mmmger to the Board of C~unW Comudssio~rs, ~ -'-----.net Ttmuk]mu ~ar wtdmm2~ng to serve stslsicntlan to p41} ~4.360a or e-mall to f,_* .... onf~,comt~- - Pg ..... ? 01/09/2003 10:51 9413483842 LARRY & KATE LINT P~E 01 10,2002 ¥~rs, Kachryn (Kate) Godfre~ 530 18th Ave., N.E. Naples, Florida 34120 Phone (239)3~8-0724 Fax (239)368-3042 Cell (239)564-0092 Board of Collier Ha. Sue Filson, Exacutive 3301 East Tamia~L T'rail Naples, ~lortda 34112~977 Re: Re-appointment ReguLar ~ember Code Enforcement Board North Dear Ha. Ftlsou; Enclosed herein, please find my updated appltcattou fog the above mentioned c~,~ttee. I am sorry that I have wa/ced so lon$ in eubmtttinS this however, a ~tclous Hacker has ~ake~ over my computer and I c~nnoc use my printer or,any of ay proGranm as vel1 as my e-mail. Until we find a soft-are that he cannot corrupt I cannot lo on-l/ne ac all. Sincerely, lB:Si 9413483842 LARRY & KATE LINT PAGE 83 Board of County Commissioners 3301 E~t Tamiami Trail Nlples~ FL ~4112 (941) Fax: (941) 774-~i02 Application for Advisory Committees/Boards Categor~ Of applicable): ' ' ' ' ~ Cw~n [Ms~iet, I)evda~w~envb~ns~4s~alist, hy'persoi,¢~ Are you a rel~t~red voter in Collier County: Yes v// No Do you curFently hold public office? Yes No ~ zf,~ ,,hat h ~ ,nk.? Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Name:-~"t~ ~t'=A-'~ ~- ~ ~ V~ HomePh°ne: ~~ nome Address: ~ ~ ~ ~~ ~ ~ ~ ~ ~ Zip Code: Fax No.~~ ~'~/~B~iness Phone~~mafl address: Board or Commi.~ AppHe~r: ~ ~ ~ ~ ~ ~ ~ ~ ~ Catego~ (if applicable): ~ ~ ~~ Exam~: Comm~ioa D~et, ~e~r, euvi~ament~g ~y ~ma, etc. Are you a registered voter in Collier Count: Yes ~ No Do you currently hold public office? Yes No '~ If ~ ~at ~ that o~e? Do you n~ ~ or have you ~er se~, ~ a CoUier Coun~ h~ or commiRee? Y~ f/ Please..~t your community activities (civic clubs, neighborhood associations, etc. and positions held: 'f~oc..t~ ~---~--x (*'"*~, ~' ~'"~:*" ~''' P¢. /! Please attack any atlditionai in. forma~on yott feel pertinent. Tkis application skouid be forwarded to Site Fiison, Executive Manager to the Board of Cottony Commissioners, $$01 East Tttmhami Trat~ 3[aples, FL 34112. If you wisk, please fax yottr application to (941) 774-$~02 or e-moll to suefdson(-'~Ollh~o,:ne~ ~,ud~ymtfor ~ to *m,e ~e ru;._.,u ofColtiw Comey. GEORGE P. PONTE 565 AUGUSTA BOULEVARD NAPLES, FLORIDA 34113 December 30, 2002 Ms. Sue Filson Executive Manager Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112-4977 Dear Ms. Filson: Re: Updated Application Collier County Code Enforcement Board Thank you for your letter of December 16, advising me that my second three year term on the Code Enforcement Board will expire on February 14, 2003. As you suggested, ! have updated my application for your review and consideration should you have difficulty filling one of the f.our active member positions scheduled to expire. My six years service has been a learning experience for me, as well as a rewarding one during which I have established a professional, impartial and considerate record of decision making. Should the opportunity adse, I would be pleased to again serve the county, and its citizens, as an active member. Sincerely, Enclosure: Updated Application Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Name: Home Address: .~S" d~UGt~TP; R__~_'~lO Fax No. N A Business Phone: Application for Advisory Committees/Boards (~eoRgE- p, PogTE Home Phone: (23q~. ~RPL~' Zip Code: e-mail address: Business: ~ A Board or Committee Applied for: Category (if applicable): ~T, RK~ Ltl,/ PKRra ~J Example: Commission District, Developer, environmentalist, lay pemoa, etc. Are you a registered voter in Collier County: (~ ~ No Do you currently hold public office? Yes ~) /~ If so, what is that off~:e? Do you now serve, or have you ever served, on a Collier County board or committee?(~es~ ~ No Ifyes, please list the committees/boards: C~)~E ~ ~:~Rcgr~ ~_J4T' ~p.~x../ Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: .~£~ A~T AC ~4 g~ Please attack any ad~_~,mal infoemmton you feel pertinent. This application ~kotdd be forwarded te Sue Filson, Execufire Manager to ~e Board of County Commiss~ner~, 3.;01 East T~nlaml Trail, Naples, FL .;4112. Ir'you wbk, please fax your application to (941)774-$~02 or PONTE Application for Advisory Committees/Boards (continued) List of my community activities, civic clubs, associations, and positions held: Broadcast Pioneers of Florida; member Circumnavigators Club (Naples Chapter) Membership Chairman, Code Enforcement Board, Active Member for six years, held position as Vice Chairman Eaglewood West Condo Association, Vice President, Treasurer East Naples Civic Association, former board member, current member Lely Country Club Property Owners Association, former Vice PreSident, current member Naples Depot, Vice President Naples Press Club, Board of Governors, Membership Chair FFB ! 2003 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE WORKFORCE HOUSING ADVISORY COMMITTEE OBJECTIVE: To appoint I member to fulfill the remainder of a vacant term, expiring on June 26, 2003, on the Workforce Homing Advisory Committee. CONSIDERATIONS: The Workforee Housing Advisory Committee was established on June 26, 2001 by ~ No. 2001-42 to assist staffin its study of the workforce housing concerns. This committee shall consist of 10 members from a broad base of citizens and disciplines including the Collier Building Industry Association, Hotel/Motel Association, American Subcontractors, Board of Realtors, a current developer ofworkforce housing, the banking community, and a land use attorney. A list of the current membership is included in the backup. Ms. Barbara A. Cacchoine resigned on December 31, 2002. A press release was issued and resumes were received ~om the following 2 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Paul D. Lehmann Attorney 2 Yes None Vincent A. Cautero Land Use Planner 2 Yes None COMMITTEE RECOMMENDATION: Vincem A. Cautero FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution con~ing the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: FEBRUARY 11, 2003 FEB 2 03 I fiison s ,,-~=rom: ent: (o: Cc: Subject: giblin_c Thursday, January 30, 2003 7:44 AM filson s Schrn~ttJoseph; Baker_D RE: Workforce Housing Committee Vacancy Yes, the both do. There were only 2 applicants, Mr. Vincent Cautero and Mr. Paul Lehmann. Mr. Cautero is a land use planner by profession and has an intimate knowledge of the public planning process. He has been regularly attending this Committee's meeting for over a year and the Committee feels he bdngs a certain wealth of knowledge to the meetings. Mr. Cautero resides in Commission District 2. Mr. Lehmenn is an attorney who has lived in Collier County "full-time" for one year. He has worked in the pdvate and public sectom in fields related to this Committee as well as the other two committees he has applied for (Planning Commission & Conservation Collier Land Acquisition). Mr. Lehmenn resides in Commission District 2. From: filso~_s Sent: Thursday, 3anuan/30, 2003 7:28 AH To: gibiin_c Subje¢t: RE: Worldorce Housing Committee Vacancy Cormac, the Commissioners would like to know if all the applicants meet the cdteda to serve on boards. Thank you. :Execut~e 9Vlana~er, :BCC (~9) 774-8o97 yrurne (239) 774-8865 fa-x suefilson@colliergov, net <mailto:suefilson@colliergov. net> To: · fllson_s Subject: Woddmce Housing CommitMe Vacancy Sue, While convened at their last meeting 1/27/03 the Workforce Housing Advisory Committee voted to recommend that the BCC appoint Vincent Cautero to the one vacant position. Vince has been regularly attending their meetings as an interested citizen and the committee feels that his wealth of experience in planning matters in Collier County would be a great asset to them. Cormac Giblin Housing Development Manager FEB I ! 2003 Workforce Housing Advisory Committee Work Phone Name Home Phone Ms. Barbara A. Cacchione 610 West Street I ~..3,'~'"'566-2128 Naples, FL 34108 District: 2 Category: Empowerment Alliance/Planner Mr. C. Larry Keesey 597-2814 495 Chatham Circle 513-0905 Naples, FL 34110 District: 5 Category: Land Use & Development Attorney Mr. Mario M. Valle 961 Murcott Drive Naples, FL 34120 District: 5 Category: Single-family Home Builder 348-0190 Mr. David Lee Ellis 9625 Deepwater Court 596-5668 Naples, FL 34109 Distri~: 3 Category: Executive Vice President CBIA Ms. Karen J. Homiak 4613 Long Key Court NaPles, FL 34112 District: 1 Category: Civic and Small Business Appt'd Exp. Date DateRe-appt 2ndExpDate 10/23/01 06/26/02 05/28/02 06/26/03 10/23/01 06/26/02 05/28/02 06/26/03 10/23/01 06/26/02 05/28/02 06/26/03 10/23/01 06/26/02 05/28/02 06/26/03 7744264 I 0/23/01 06/26/02 774-4264 05/28/02 06/26/03 Ms. Esmeralda "Essie" Serrata 657-3649 603 Nassau Street, 84 657-5838 lnwaokalee, FL 34142 Distri~: 5 Category: Collier County Housing Authority Tel'm 2nd Term ! Year 1 Year 1 Year 1 Year 1 Year I Year I Year 1 Year I Year I Year 10/08/02 06/28/03 8 + months Page I of 3 FEg I 20{}3 Workforce Housing Advisory Committee Name Mr. Mark P. Strain 3675 Third Avenue,, N.W. Naples, FL 34120 District: 5 Category: Property Development Manager Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 404-0104 10/23/01 06/26/02 455-7858 05/28/02 06/26/03 Mr. Joe Paterno 1271 Foxtrot Court Naples, FL 34104 District: 3 Category: Workforce Development ] Year 1 Year 992-8000 10/23/01 06/26/02 1 Year 643-4811 05/28/02 06/26/03 1 Year 10/23/01 06/26/02 05/28/02 06/26/03 Ms. Susan M. Golden 213-1041 2264 Clipper Way 643-1696 Naples, FL 34104 District: 4 Category: Affordable Housing Background 10~23/01 06~26/02 05128/02 06/26/03 Mr. Mark L. Lindner 262-4333 2206 Majestic Court Naples, FL 34110 District: 2 Category: Affordable Housing Developer I Year I Year Ms. Donna Fiala 774-8097 3301 East Tamiami Trail Naples, FL 34112 District: 1 Category: Commissioner - Non Voting Member I Year I Year 10/23/01 06/26/02 I Year 05/28/02 06/26/03 1 Year l$'tdint~lay, October 09, 2002 Page 2 of 3 Workforce Housing Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 10 membe~ committee ~-as established on June 26, 2001 by Ordinance No. 2001-42 to assist staff in its study of the workforce housing concerns. This committee shall consist of 10 members from a broad base of citizens and disciplines including the ~ Building Industry Association, the Hotel/Motel Association, American Subcontractors, Board of Realtors, a current developer of worldorce housing, the banking community, and a land use attorney. On 5/28/02 the BCC adopted Resolution 2002-228 extending the terms for 1 year. FL STAT Staff: Corrnac Giblin: 403-2326 RXednesda),, October 09, 2002 Page 3 of 3 MEMORANDUM DATE: TO: FROM: December 13, 2002 Elections Office Voter Registration - Advisory Board Appointments The Board of County Commissioners wil soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. WORKFORCE HOUSING ADVISORY COMM COMMISSION DISTRICT Paul D. Lehmann 3 Bluebiil Avenue, Apt. 411 Naples, FL 34108 Vincem A. Cautero 2253 Mill Stream Court Naples, FL 34109 Thank you for your help. FEB .! I 2003 MEMORANDUM DATE: TO: FROM: December 13, 2002 Cormac Giblin, HUI Manager~ ~ Sue Filson, Executive Manager~ · Board of County Commissione~ Workforce Homing Advisory Committee As you know, we currently have 1 vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resun~ for consideration. I have attached the resumes received for your review as follows: Paul D. Lehmann 3 Bluebill Avenue, Apt. 411 Naples, FL 34108 Vincent A. Cautero 2253 Mill Stream Court Naples, FL 34109 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-firame, and I will prepare an executive smnnm_ry for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachme~s ~/0~/02 SUN 14:50 FAX SECOND_FL ~001 -- D~c~mb~r 8, 2002 Mrs. Sue Filson, Ex~utive Mannger Board of County Commi~ioners 3301 T~mi Trail Fast Naples, Florida 34112 Re: Advisory Committee Application 0f Cottn'~ Co~nmissioner5 Dear Mrs. Fflson: I would like to apply for one of the following open Advisory Comm_ittee positions: · Collier County Planning Commission · World'orcc Housing Advisory Committee · Conservation Collier Land Acquisition Advisory Commlt'tcc I believe my professional and personal expm'iences would assist me in becomlrtg a valuable and contributing member to any committee to which I am appointed. For example, I have worked for both thc public and private sector in ficld~ either directly or indircctty relaIcd to each of thc aforementioned committees. At present, 1 am an aUorney with Bond, Schocneck and King, P.A., focusing on lnnd use, mai ~stat~, business and litigation matters. I have been affilia~d with Collier County for appmximamly 18 years and have lived hem "full-time" for a year. I truly care aborn the issues that face Collier County and consider it my home. Lastly, I have attached my resume for your review and should you have any questions please fccl free to contact me. Thank you for your timc. ~002 __/08/02 SU~ 14: 50 F3_~ 2626908 SECOND_FL PAUL D. LEHMANN 3 Bluebill Avenue, Apt~ 411 * Naples, Florida 34108 * Phone: (608) 346-5000 * plchmannffW~bsk, com EDUCATION/LICENSES University of WLveansin - Madison, Law School · Juris Doctor c2 Member of Brisconsin Environmental Law Journal cl Cargill Scholar (Study tour of China with UW-Business School) December 2001 Saint Cloud ~t~. _Universi~ * BF_~ Dagree, Major:. Biology · GPA 3.514.0 August 1996 Jarisdietians · Florida State Bar, admitted to practice · Wfsconstn State Bar, admitted to practic, o State of Wisconsin, Law Enforcement Standards Board · State certified law enforcement officer EXPERII~NCE November 2002 lanuary 2002 November 1995 Bond~ $cboeneck & 1Cm~. L£P Associate April 2002 - lune 2002, 'September 2002- Pmsont · Conduct legal research and prepare legal memoranda · Client contact · File management, including billing and accounting · Direct and coordinate staff · Primarily work with Land Use, Property, Business and Litigation departments although assist with Tax and Trust administration. Walwo~ County District Attorney's Office, UW-Pros~ostion Project Participaat · · · · · June 2001- Ausust 2001 Appeared in court on a daily basis for a variety of court proc~:dings Int~rvieweA witnesses, dried briefs, motions and complaints Contacted victims, witnesses aad defemc attomw~s Directed certain investigations, reviewed police reports and made charging decisions Held plea negotiations and coordinated restitution payment~ St_,,t_e of Wisconsin, Department o[ ~ Ci~l Lifig~ion Uuit ~w CI~ J~u~ 2001 - ~y 2001 · ~d v~o~ b~ ~d motions · Coudue~ ~ ~ ~iug p~ly ~ ~ ~~o~ ~ ~ ml~ to ~~ ~ c~ ~~ ~x off~e~ - 0~ ~d in~ compl~ ~ial d~~ . ~~~~dml~ May 2000 - Septembcr 2000 FEB I I 2003 L2/08/02 SL~ 14:50 FAX 2626908 SECOND_FL ~005 State Conservation Warden January 1998 ~- September 2002 · Rcsponsiblc for management of station budgets · Coordinated station public relations with other agencies, citizons and volunteers · Conducted environmental inspections and enforced laws and miss · Acmd as a court officer for the state and maintained court r~xyr~ Braun Intertec Corporation Project Manager/F.n~ental Scientist · Mana~ proj~-'t budgcl~ - Coordinate sitc insp~tion schcdulc · Direct staff · Maintsln client relationship March 1997 - December 1997 AAA E#vlrom~ental lndm~ries Enviromnenta[ Technician · Environmontal Spill Response · Coordinate billing and assis~ wRh bidding jobs · Confined space entry · Manifest mvi~w September 1996- February 1997 United State~ Coast Guard Rescue AircrcwmanfPcrCy Officer Third Class · Certified Rescuc Aircrcwman · Ccrt~cd Maritime Law Enforcement Boarding Crewnum · Qualified Small Boat Crewman Forward Looking Yn6*ared Technician July 1989 - April 1994 PERSONAL · M~mb~r of Professionals Organized for Leadership and Opporpmi~:y (POLO) o A civic minded organization thai provides scholarships for local mdc-nm · Former member of Public Interest Law Foundation, clinical program o Worked on behalf of insured persons during implcmcntation of new health insurance regulalions. s Implemented volunteer ~River Patrol" 10rograrn to assi~ with enforcement of violations · Volunteered at Disabled Veterans' Fishing Outing · Participant in a variety of athletic events COASTAL ENGINEERING CONSULTANTS INC A CECl GROUP COMPANY RECEIVED 'I'--' ' ' -,~:-'.~ "5~' _~002 CECt Group Services Civil Engineering Survey & Mapping Coastal Engineering Real Estate Appraise' Environmental Assessmen Website: www.coastalengineering.com Sue Filson Executive Manager to the Board of County Commissioners Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 RE: Workforce Housing Advisory Committee Dear Ms. Filson: Enclosed is my application and vita for consideration by the Board of County Commissioners for the Workforce Housing Advisory Committee. If you require additional information please do not hesitate to contact me at 239.643.2324 ext. 120. Sincere_ Vincen~~AI"C~ 3106 S. Horseshoe Drive, Naples, Florida 34104 * Phone (941) 643-2324 Fax (941) 643-1143 F: .... ~! 2~03 // E-Mail: engcollier@cecifl.com Board of County : .~i~L~l~.,,..,~~ Commissioners .~ .~.?: · 3301 East Tamiami Trail ~,~~,~,:,," Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Application for Advisory Committee/Boards Name: Vincent A. Cautero Home Phone: 239.566.7833 Home Address: 2253 Mill Stream Court, Naples, Florida Zip Code: 34109 Fax No. 239.643.1143 Business Phone: 239.643.2324 e-mail address: Vcautero~cecifl.com Business: Coastal Engineering Consultants, Inc. Board or Committee Applied for: Workforce Housing Advisory Committee Category (if applicable): N/A Example: Commission District, Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County: Yes X No __ Do you currently hold public office ? Yes No X If so, what is that office ? Do you now serve, or have you ever served, on a Collier County board or Committee? Yes No X If yes, please list the committees/boards: Please list your community activities (civic clubs, neighborhood associations, etc.) and positions held: Rotary Club of Naples-President Elect; former Board Member of the SW FL Chapter of the Juvenile Diabetes Research Foundation; Co-founder of Sugar Shoppe Diabetes Day' Camp; Leadership Collier-Class of 2001; Vice-Chair-Class of 2003 Education: B.S. Urban-Regional Analysis and Planning, Buffalo State College, 1980 (Cum Laude) Master of Urban Planning, University of Illinois at Urban-Champaili;n, 1982 Experience: Over 21 years experience in the Urban planning profession, with over 17 of those years working for Florida local government. Supervised Housing Depts. in Citrus and Collier Counties in my capacity as Development Services Director and Division Adminislrator respectively. Prepared Citrus County's affordable housing goals and policies in Comprehensive Plan. Directed Collier County staff in preparation of Immokalee Housing Initiative. Directed Planning staff projects in Cilxus and Collier Counties that received Awards of Excellence from the Florida Chapter of the American Planning Association in 1992, 1997, and 2001 and an Award of Merit in 2000. Please attach any additional information you feel pertinent. This application should be forwarded to Sue Filson, Executive Manager to the Board of County Commissio~ East Tamiami Trail, Naples, FL 34112. If you wish, please fax your application to P4~t~7.4- 3602 or e-mail to suefilson~,_,colliergov, net. Thank you for volunteering to serve the 'itizenj._oj Collier County. VTTA Vincent A. Cautero 2253 Mill Stream Court Naples, FL 34:~09-17:~3 (239) 566-7833 E-mail :ccityplan @aol .com Employment Histor~ 7~02 - present Vice President of Planning Services Coastal Engineering Consultants, Inc. Naples, Florida 1/01 - 6/02 Vice President of Planning Wilkison & Associates, Inc. Naples, Florida 6/95 - 11/00 Administrator Collier County Division of Community Development and Environmental Services Naples, Florida 8/85 - 5/95 Citrus County Department of Development Services Lecanto, Florida Director, 11/90 - 5/95 Planning Director, 4/89 - 11/90 Chief of Comprehensive Planning, 10/86 - 4/89 Planner II, 8/85 - 10/86 9/82 - 8/85 Community Development Specialist, Missouri Cooperative Extension Service St. Louis, Missouri Educational Back~round Master of Urban Planning - May 1982, University of Illinois at Urbana-Champaign B.S. - Urban-Regional Analysis and Planning - May 1980 (Cum Laude), Buffalo State College Affiliations and Honors American Institute of Certified Planners American Planning Association Leadership Collier - Class of 2001 Award of Excellence - Florida Chapter, American Planning Association, 1992, 1997, and 2001 Award of Merit - Florida Chapter, American Planning Association, 2000 Public Official of the Year - Collier County Chapter, American Subcontractors Association, 1996 Outstanding Young Men of Amedca- 1986 Urban Land Institute VINCENT A. CAUTERO, AICP Vice President of Planning Services COASTAL ENGINEERING CONSULTANTS, INC. RESPONSIBILITIES Vincent Cautero was named Vice President of Planning Services for Coastal Engineering Consultants, Inc. in July 2002. Mr. Cautero brings with him over 20 years of public and private sector experience in comprehensive and growth management plan development, zoning and rezoning, strategic planning, and public participation. His clients include local land developers, builders, agricultural landowners, not-for-profit organizations, and governmental agencies including the Collier County Housing Authority, The Empowerment Alliance of SW Florida, Habitat for Humanity of Collier County, Inc., Hendry County, and the Cities of Okeechobee and Bonita Springs. PRIOR EXPERIENCE Previously, Mr. Cautero served as Vice President of Planning for Wilkison & Associates, Inc fi.om January 2001 to June 2002. He served as Collier County's Community Development and Environmental Services Administrator from June 1995 to November 2002. Prior to joining Collier County he was the Citrus County Development Services Director from November 1990 to May 1995. Prior to that appointment he served in several positions in Citrus County's Planning Division. His early experience involved work as a Community Development Specialist for the Missouri Cooperative Extension Service in St. Louis County from 1982 to 1985. Mr. Cautero's primary areas of expertise and interest are growth management, land use, planning and project management, and consensus building. He authored an article on Growth Management in Florida for the Journal of Planning and Public Policy in 1991 and was named Public Official of the Year for 1996 by the Collier County Chapter of the American Subcontractors Association. Additionally, he led project teams that received Awards of Excellence in 1992 and 1997, and an Award of Merit in 2002, from the Florida Chapter of the American Planning Association. EDUCATION/PROFESSIONAL REGISTRATION B.S. Urban-Regional Analysis and Planning, Buffalo State College, 1980 (Cum Laude) Master of Urban Planning, University of Illinois at Urbana-Champaign, 1982 American Institute of Certified Planners, Certificate No. 012733, 1997 PROFESSIONAL AND CIVIC AFFILIATIONS American Planning Association Florida Chapter of American Plaaning Association Urban Land Institute Leadership Collier, Class of 2001; Class Vice Chair - Class of 2003 Rotary Juvenile Diabetes Research Foundation- SW Florida Chapter American Diabetes Association Naples Area Chamber of Commerce Collier Building Industry Association EXECUTIVE SUMMARY CONFIRMATION OF MEMBER(S) TO THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE OBJECTIVE: To confirm the appointment of 2 members representing Marco Island to fulfill the remainder of vacant terms on the Collier County Coastal Advisory Committee. CONSIDERATIONS: The Collier County Coastal Advisory Committee had 2 resignations. This 9 member committee was created by Ordinance 2001-03 to assist the Board of County Commissioners with its establishment of unified beach erosion control and inlet management programs within the unincorporated and incorporated areas of Collier County, and to advise the Board of County Commissioners and the Tourist DeveloPment Council (TDC) of project priorities with respect to funding sources that are available to Collier County for restoration and protection of its shoreline. The committee is composed of 3 members from the unincorporated area of Collier County, 3 members from the City of Naples and 3 members from the City of Marco Island. Selection for membership on this committee will be based upon the applicant's familiarity with coastal processes, inlet dynamics, coastal management programs, or demonstrated interest in such programs; relevant education and experience; leadership and involvement in community affairs; and willingness to attend meetings and to undertake and complete assignments. After initial appointments, terms will be 4 years. A list of the current membership is included in the backup. Mr. Robert B. Stakich and Mr. Ashley D. Lupo resigned their positions on this committee. A letter dated February 4, 2003 was received form City Manager A. William Moss with the following recommendations for appointment. APPLICANT CATEGORY DIST ELECTOR EXPIRATION DATE IJohn Arceri Bedford Biles Marco Island Representative Marco Island Representative I Yes May 22, 2007 I Yes May 22, 2004 FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: FEBRUARY 11, 2003 FEB 11 2003 / 02/0,t/03 'lq.~ 16:13 FA.[ 94138943S9 CITY OF RA.RCO ISLAND ~002 February 4, 2003 C.;fy of Ms. Sue Filson, Execul/ve Manager Board of County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, Florida 34112-4977 Via Facsimile 774-3602 and U.S. Mail Re: Coastal Advisory Committee Dear Ms. Filson: Collier County Ordinance No. 2001-03 cm_,ated the Collier County Coastal Advisory Committee, in cooperation with the City of NapJes and the City of Marco Island. The Committee was established to assist the Board of County Commissioners with its establishment of unified beach erosion control and inlet management programs and to advise the Board of project priorities. The Committee is composed of nine members with three from the unincorporated area of Collier County, three from the City of Naples, and thr~e from Marco Island. The governing bodies of the cities of Naples and Marco Island may endorse and submit the names of individuals with resumes for consideration. Upon confirmation that the individuals meet the technical requirements and general advisory board requirements provided in the Ordinance, the Board of County Commissioners shall appoint the individuals to the Committee. The three registered electors from Marco Island currently serving on the Coastal Advisory Committee are James L. Snediker, Ashley D. Lupo, Robert B. Stakich. Both Robert Stakich and Ashley Lupo have resigned from the Committee. The Marco Island City Council submits the names and resumes of the following candidates to fill the unexpired terms: John Arced - to fill the unexpired term of Robert B. Stakich Bedford Biles - to fill the unexpired term of Ashley D. Lupo We respectfully request lhat these names be submitted for approval by the Board of County Commissionem at the eadiest possible date. Sincerely, AWM/bal ec:. Commissioner Donna Flala cc: ~ council (941) 389-&000 F,A~X (9,11) 389-4559 FEB Pa 02/0A/03 //.~ 16:13 .... ~?/04/208S 13:2B FA.I 9413894359 9413948148 CItY OF EARC0 ISLAND MITA/FAY ElL_ES B=dfotd H. Bil~ Marco LI,-~I. FL ~4145 (239) 394 3089 Fax: (239) 394 8140 e-mal~: fa. lb~l,corn [~003 02 BIOORAPHICAL SKErCI-I FOR BEDFORD H. BILES Born ]anus~ 31, 1921, AIb~rmarle., Notlh CaroUna Matri~ to FAy R, Bilos. Ph.D. 1949 ConcoH High School Concord, North Carolina Duke University, Business Administration, BA (football scholarship) 1940-1947 (Army) University of Akron Law School, Juris Doctor degree. 1958 Adm/n~! m Ohio I~r, AtxiL 1955 _M_I [.ITAR¥ I~ACKC~ROLIND Served with the 101st Ah-born, 501st Parachulc Regiment 1942 to 1945 l-Ionorabl~ Discharge. Renuriexi to Duke University to gradu~,tc in 1947 I~NiPLOYM/~NT Roadway Express Trucking Co, Terminal Managcr. Akron, Ohi~ 1947-195g Dkstri~t Mana~e..r, Midwe~'l Private Law practic~ 1955-19~9. Akron, Ohio Bought first property in i 967 Bui~ home in 1990 COMMUNITY SERVIC~ Past Clminnan, Marco lsla~ ~ Associalinn Beach Committee 1M~-mbet. Knatai~cnilon Committee, City of Marco Island iAr., .ND JT NO. ! I 2003 %' _ 02/0~/03 TI.~ 16:14 F.~ 9413594359 CITY OF MARCO ISLAND ~004 jOHN A. ARCERI 1228 LAMPLIGfl~I'ER COURT MARCO ISLAND, FLORIDA 34145 941-3948852 (OFFICE & FAX) E-MAIL AR~OL.COM EXPERIF~NCE CONSOLIDATED EDISON COMPANY OF NEW YORK 1964-1997 1995-1997 VICE PRF. SID~ OF ENERGY SERVICF~ l~spousi~le for the supply and servicing of reliable and eflici~mt electric, gas and steam products to a ~.5 billlol~ 3 millioll customer business in New York City ~md W~stehester Couaty. Responsible for developing service and maintenance specifications for the largest electrical system in the country and for a~uring customer and company compliance with safety and efficiency standards. 1990-1995 ASSISTANT VICE PRESIDENT Corporate officer responsible for nH design, eoastructio~ operation, mnlntenaace and emergency restoration activities of the Company's electrical distribution system supplying New York City and Westchester County...the largest in the United States, Responsibilities included all high voltage sul~tations, tran~ml~ion lines and the overhead and tmderground distribution system supplying 3 millloli Ol~tomfirs. Respousible for leadixlg investigation~ of all system and equipment failures :tad m~jor accidents. Also respo~ible for the supply a~.d servicing of reliable, sa~e a~ad efficient gas products to ! million ~tomers. 1981-1989 GENERAL MANAGER OF ELECTRICAL OPERATIONS Respousible for all design, eousrruefion, operation and m~i-tenance activities of the overhead and underground electrical distribution systems of Brooidyn and Westchester...the Company's largest urban and suburban divisions, respectively. 1964- 1981 VARIOUS TITLES TO DEPARTMENT HEAD Responsible for corpor~ate oversight of design of the overhead and tmderground electrical distribution systems and associated equipment. Responsibilities included supervising all failure analysis of equipment and safety related accidents. ALso ~esponsible for the management of design and installation of the electrical distribuUon systen~ in sever~ operath~ divisions. CITY OF MARCO ISLAND, FLORIDA~ DECEMBER. 1997 TO PRESENT 1997-1998: Served on the City Council's 'Governmental Advtsory Committee" responsible for working o.~ the transition issues ~cv~iated with the City ass,,miflR Collier County facilities and 1998: Served on the City CounciPs "UtUities Advisory Committee" responsible for the review of the City's water and wastewnter operations and tho analysts of options for City ownership. 1999-2000: Scrvcd as Chairman of thc City Council's "~raterways Advisory Committee" for ~e review of water quality issues of the City's waterways and the development practices and waterway usages. 02/04/03 TUE 16:14 F.~ 941389A3S9 CITY 2000-2001: Served on the City Council's "Water Agreement" Committee responsible for developing n long term water plan with Florida Water Services that solved the issues of potable water, reuse water and wastewater for the long term. 2002-Present: Elected to the City Council for a four year term. Acting as thc Council's representative on the FWS negotiating team considering the taiceover of the water mid sewer systems by the City. RECENT CONSULTLNG WORK- 1998- PRESENT THOMAS GROUP: 1998- PRESENT Consulting partner for electric utilities. Responsible for developing utility standards for processes and far evaluating eflleieney sad performance of such processes..Involved in on-site evaluations of electric utility standards and procedures, WorKed, on-site, at such utilities as New York State Electric and Gas, Alliant Energy, Tampa Electric Company and Singapore Power. Such on-site work included review of the electric distribution processes and the identification of major barriers to improvement ~nd opport~n/fies for improvement. Is a recognized industry leader on the subject of distribution process r~dews and spoke at 6 major EEl Conferences from I998-2000 on the subject of delivery process reviews. CAMBRIDGE ENERGY RESEARCH ASSOCIATES: 2002 - PRESENT Senior .~sociate performing research for 16 gas and clectri¢ utilities in thc United States and Canada and for several Mexican gas companies. Work consists of reviewing strategic plans and identifying areas for improvement OTH~g.R CONSULTING WORK 1975-2002 Florida Power and 1,ig~t - served as technlcal expert witness on several electrical accidents. These included electrocutions in substations and overhead distribution lines. Provided required expertise and testimony on coltstrucfion, operation and safety code compliance. 1985-1986 Walker's Cay - completed a detailed review of thc electrical systcm of Walkers Cay in thc Bahamas and developed electrical supply plans for extending thc system to local islands. 1978 Namsas Fower and Light - reviewed the electrical distribution system for reliab~ty and safety compliance. Developed action program to ~rove supply reliability and fm.nrovc operational safety. NATIONJtI~ LEVEL INVOLVEMENT AND LEADERSHIP 1971-1997 REX,IABHJITY FOR TXIE ~,I,~CTR~C 'U~.'H~FFY ]2qDUSTRY Incorporated aerospace reliability and quality techniques into electr/c utility applications. Developed first national e, onfer-'uee for the electr/c utilRy industry on quality, reliability, failure analysis, d~t~ collection and anMysis. Lmplemented such tools as Statistical random sampling, Ufe cycle evaluations and faihtre analy~ techniques. Led the industry in developing new utility/supplier partnering programs to improve operation, efficiency and safety of electrical equipment. EDISON ELECTRJC INS~ On the Executive Commi(t~e representlo.~ some 125 electric utilities responsible for the review of all design, construction, maintenance and operational and sa[ely standards associated wi~e~ power industry. Oversight included all substation, transmiss/on and overhead and und distribution ~7stems. Chairper~n of major subcommittees. 02/0A~03 TUE ~6:14 F.~ 9413594359 CITY OF ~CO ISLAND ~006 1967-1997 INSTITIUTE OF ELECTRICAL AND ~EC~O~CS ENG~E~ ~) M~ of th~ ~so~finn r~ponsible for ~e dev~op~t of v~ious op~afion~, d~ign and ~~ st~r~ for ~e ~ical power ~ Charon of ~e T~i~ Prog~ Co~e~ for ~ y~. EDUCA~ON DO~O~'fE ~ PRO~SSIO~AL S~S - ~A~ ~, ~W YO~ Co~let~ ~1 ~e work ~d quali~ng e~ for · d~r~ ~ Ma~g~nt Dev~op~ re~ p~ ~d wor~ on ~ ~view of~e imp~ of der~l~on on ~e elect power ~d~. ~ot yei eo~l~ ~ OF SC~N~ ~ ~UST~ ENG~~G - ~L~EC~C ~~ OF ~W YO~ Comple~d ~ ~979. Foc~ of d~cc work w~ on sta~[ applicator, ~ an~, f~l~e analys~ ~d safeW and ~ckncy req~fl~ and review~ BA~'~I.O~ OF ELEC'I~C~ ENG~E~G - MALAYAN COLLEGE~ ~W YO~ Co~l~ in 19~. Majored in Power Sy~e~ E~cc~ for elec~c ~W applications. ~GIS~D PRO~SSION~ EN~R ~ ~W YORK (1973 to pres~0 ~ ~O~A (1989 to 200~) 2003 Collier County Coastal Advisory Committee Mr. Anthony P. Pires, Jr. 209 Madison Drive Naples, FL 34110 District: 2 Category: Collier County Mr. David A. Roellig 6000 Perr~an Bay Boulevard,//504 Naples, FL 34108 District: 2 Category: Collier County Mr. John P. Strapponi 589 St. Andrews Boulevard Naples, FL 34113 District: 1 Category: Collier Coun~ Mr. James L. Snediker 3000-417 Royal Marco Way Marco Island, FL 34145 District: 1 Category: Marco Island Mr. Ashley D. Lupo f~5~; 478 Echo Circle Marco Island, FL 34145 District: 1 Category: Marco Island Mr. Robert D. Stakich fe6~5~ Post Offw. e Box 1907 Marco Island, FL 34146 District: 1 Category: Marco Island Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 649-6555 05/22/01 05/22/05 594-2210 775-2882 394-8192 389-1483 3.94-8881 4 Years 05/22/01 05/22/04 3 Years 05/22/01 05/22/03 2 Years 05/22/01 05/22/05 4 Years 05122/01 05/22/04 3 Years FFedn~day, April 24, 20~2 05/22/01 05/22/03 2 Years Page I of 2 F:.o I 2003 p~;. '7' Collier County Coastal Advisory Committee S~ Work Phone ~4ppt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Wi~iam Otto Y,~oescheli 272 Mooring Line Drive Naples, FL 34102 District: 4 Category: City of Naples Mr. Ronald M. Pennington 3430 Gulf Shore Blvd., N., Unit 2F Naples, FL 34103 District: 4 Category: City of Naples Councilman Gary Galleberg 735 Eighth Street, South Naples, FL 34102 Distrh:t: 4 Category: City of Naples 262-6639 263-6935 05/22/01 05/22/04 3 Years 05/22/01 05122/03 2 Years 213-1015 05/22/01 05/22/05 4 Years This 9 member committee was created on February 13, 2001 by Ordinance 2001-03 to assist the Board of County Commissioners with its establishment of unified beach erosion control and inlet management programs within the unincorporated and incorporated areas of Collier County, and to advise the Board of County Commissioners and the Tourist Development Council ('I'DC) of project priorities with respect to funding sources that are available to Collier County for restoration and pmteclion of its shoreline. The committee is composed of 3 members from the unincorporated area of Collier County, 3 members from the City of Naples and 3 membem from the City of Marco Island. Selection for membership on this committee will be based upon the applicant's familiarity with coastal processes, inlet dynamics, coastal management programs, or demon~-&t~.~:l interest in such programs; relevant education and experience; leadership and involvement in community affaim: and willingness to attend meefinos and to undertake and FL $ TAT · t=.05 Ron Hovell, Project Manager, PUED: 530-5342 Wednesday, April 24, 2002 Page 2 of 2 EXECUTIVE SUMMARY ADOPTION OF A RESOLUTION OPPOSING DISCRIMINATION AGAINST ALL CITIZENS OF COLLIER COUNTY OBJECTIVE: To adopt a resolution that supports the equal rights and opportunities of all of the people of Collier County, opposes discrimination and seeks to promote the civil and human rights of all Collier County residents. CONSIDERATIONS: The Board of County Commissioners directed staff to develop a resolution opposing discrimination in Collier County as part of a recommendation proposed in a memorandum by Commissioner Frank Halas that was discussed by the Board at the lan. 14, 2003 meeting (Item 15A). During Board discussion, Commissioners agreed that because there are existing state and federal agencies that handle discrimination issues and complaints, Collier County government's role would be to serve as a source for information and referral, as a liaison between residents and those agencies that address discrimination issues and complaints. The County Commission had considered a proposed ordinance establishing a Human Relations Commission at a Dec. 17, 2002 meeting (Item 8II). In approving the recommendations set forth in the Halas memo, the Board directed staffto develop this anti-discrimination resolution. In addition, the County Manager has been directed by the Board to establish and administer a Community Relations Information and Referral Service that will provide the public with a source for information, referrals, discussion and education on matters affecting human relations and civil fights issues in Collier County. The Community Relations Information and Referral Service will be assigned as a function of existing staff in the Communication and Customer Relations Department. As part of the Board's dkective to source existing resources, the County Manager has provided links on both the county's internal and external Web sites to the Florida Commission on Human Relations (FCHR) Web site where the public will find information regarding discrimnation issues and options available to them. The FCHR is a state agency created to address discrimination issues, investigate discrimination complaints and provide informati.on services. In addition, the County Manager's Office is working in conjunction with the FCHR to host a public forum at a time and place to be announced at a public facility in Collier County. Also, as previously directed by the Board, both the Hispanic Affairs Advisory Board (HAAB) and the Black Affairs Advisory Board (BAAB) have been asked by ~~_ FEB 11 liaisons to consider dissolution of their respective boards in exchange for creation of one board that would include representation of all minorities. Both the HAAB and the BAAB (see attachments) have communicated to the Board of County Commissioners their opposition to dissolution of their respective boards. As a result of the opposition to dissolution communicated fi.om the HAAB and BAAB, the County Commission has requested each board provide a work plan that includes their respective goals, objectives and milestones. FISCAL IMPACT: There is no fiscal impact associated with approval of this resolution. Existing staff will be assigned implementation of the Community Relations Information and Referral Service initiative. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners adopt this resolution opposing discrimination against the citizens of Collier County and endorse the County Manager's initiatives to implement a Community Relations Information and SUBMITTED BY: [.d/~ v- ~ ,/.., r ~r Date: L. Wight Assisf~(nt t~ the County Manager REVIEWED BY: ~ --. Date: Deputy Cot/n.l.W___.Manfiger FEB MEMO FROM: DATE: December 27, 2002 TO: Jim Mud& County Managex David C. Weigel, County Attorney Frank Halas Commissioner, District 2 Human Relations Ordinance After carefully considering the input of the COmmunity, sta2ff and other four Commissioners I believe that the needed resources for addressing discrimination cases are already in place through the various state and federal agencies, such as the Florida Commission on Human Relations. I do not believe it is in Collier County Government's interest to try to duplicate resources where we may indeed not truly have the authority or ability to positively effect the outcome of cases that would be presented and could potentially lengthen or harm the resolution of such eases. My suggestion for an alternative direction would be to present a resolution to the Board of Count), Commissioners that would include the following objectives: · Recognizing that the Board of County Commissioners has zero tolerance for discrimination in Collier County. Establishing an office within Collier County Government (possibly within the Human Services Departraent) that could direct complaints to the proper local, state or federal agency, such as the Florida Commi.qsion on Human Relations for investigation and appropriate action. · Provide community awareness for this resource through comprehensive advertising program coordinated by the Communication and Customer Relations Deparmaent. · F_X~lish a semiannual community-wide meeting to take input and subsequently report to the Board of County Commissioners on the util'.~zation of this resource and suggestions for future improvement. I would issue is again discussed in the future. like to request that a draft be prepared for presentation to the Board of County Commi.qsioners when this Commissioner, District 2 Board of County Commissioners Media File FEB I1 To: Board of County Commissioners From: Carlos Aviles, Chairman Hispanic Affairs Advisory Board December 18, 2002 Ref: Hispanic ~ Advisory Board's (Future) Dear Commissioners: On December 17th, 2002, The Board of County Commi~ioners revealed the creation of a Human Relations Advisory Board and maybe dissolving both the Black and Hispanic Affairs Advisory Boards. Furthermore, it is my understanding that the purpose for the Human Relations Advisory Board would be for discrimination complaints. I cannot speak for the Black Affairs Advisory Board but I would reserve special considerations for this board. I agree that one of the Hispanic Affairs Advisory Board's functions is to review discrimination complaints, but I would emphasize that our concerted efforts entail the: welfare of Hispanics in Collier County. The Human Relations Advisory Board would compliment our board's targeted goals, and would also provide us with additional resources, but'it would not achieve our board's purpose. The Hispanic Affairs Advisory Board is made up of members from various facets of life; who have special traits and skills that identify with the Hispanic' culture and its issues of concern. During our board's last meeting, I was elected chairman of this board and I accepted the challenge with honor and respect for the genuine concerns of our county's Hispanic population. I have asked all board members to define their goals and objectives, and to bring them to our next meeting in January. Subsequently, I respectfully request that the Hispanic Affairs Advisory Board partnership with all five commissioners to paint our board's vision for the futtne of Hispanics in Collier County. .as Chairman of this board, my intent isto produce a climate that is conducive to kc needs of the Hispanic population in this county, especially in areas such as housing, employment, and education. I would hope that all fiVe commi~ioners consider the added benefits by this board's existence and future potential. I can be reached at 657-6168 or 986-0107 for additional comments or information. c.c: HAAB Members Best wishes over the holidays, Carlos Aviles, Chairman Hispanic Affairs Advisory Board Memorandum To: From: Date: Subject: Tom Henning, Chairman Board of County Commissioners, District #3 John Dunnuck, Public Services Administrator ~ ,~ Liaison to the Black Affairs Advisory Board February 4, 2003 Black Affairs Advisory Board Meeting During the regularly scheduled meeting of January 27, 2003 the Black Affairs Advisory Board (BAAB) discussed its future at the request of the County Commission. The Board previously requested whether or not BAAB would recommend dissolving itself in favor of representation on a Human Relations Commission (or Board). By a vote of 5-0, BAAB recommended that it remain as a Board and develop a work plan to tackle community-wide issues. The Advisory Board believes that there are many issues that need to be addressed ranging from improving diversity in the workplace to community relations. A couple of short-term fixes were specifically discussed including modifying the Ordinance language on quorum requirements and conducting the meetings at facilities within the community. I am happy to say that both ideas are being implemented. With respect to a long-term work plan, the Board members have been asked to submit their top priorities to discuss at the next meeting in February so a work plan may be adopted at the March 17, 2003. The goal of the Board is to concentrate on only a few attainable goals where success may be' measured. Once this plan is completed, I will forward it on to the Commissioners for review. I would also anticipate that you will be individually invited to a future meeting. Should you have any questions, please do not hesitate to contact me. Jim Mudd, County Manager Leo Ochs, Deputy County Manager Black Affairs Advisory Board Members Debbie Wight, Assistant to the County Manager Division of Public Services FEB 11 RESOLUTION NO. 2003 - __ A RESOLUTION OPPOSING DISCRIMINATION BY THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS WHEREAS, the Board of County Commissioners of 'Collier County, Florida has determined that unlawful discrimination within Collier County in connection with, among other things, employment, education, medical care, housing accommodations, commercial tmnsactiotm, public service, reso~ and amusement, and other places of public accommodation, real e~tate transactions or other means of contracting and procurement threatens the equal rights and opportunities of the people of Collier County; and WHEREAS, the Bo',u'd of County Commissioners opposes such discrimination and seeks to promote the equal interests, rights, opportunities and privileges of all the people of the Count~ and WHEREAS, the Board of County Commissioners seeks to educate the Collier County community about existing federal, state and local agencies established to process discrimination inquiries and complaints, and aid in the utilization of these agencies; and WHEREAS, the Board of County Commissioners seeks to support the equal rights and opportunities of the people of Collier County through the creation of a Community Relations Information and Referral Service that will be directed toward providing' information, referrals, discussion and education on matters affecting human relations and civil rights issues in the Collier County community as a whole; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONE~ OF COLLIER COUNTY, FLORIDA, that: 1. The Bolir~.of County Commissioners supports the equal rights and opportunities of all of the people of Collier County; opposes discrimination and seeks to promote the interests, rights and privileges of all of the citizens of Collier County. 2. The Board of County Commissioners directs the County Manager to establish and admini~er a Community Relatiov. s Information and Referral Service that will provide the public with a r, ource for information, referrals, discussion and education on matters affecting human relations and civil rights'issues in the Collier County community as a whole. This Resolution adopted after motion, second, and majority vote. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk TOM HENNING, Chairman Appro~xl as to form and legal sufficiency: kY Assistant County Attorney H: Jacki~/Hum~n Relafi~xts,'Resolutkm FEB 1 1 21m EXECUTIVE SUMMARY ADOPTION OF RESOLUTIONS AUTHORIZING THE ISSUANCE OF COLLIER COUNTY, FLORIDA GAS TAX REVENUE BONDS, SERIES 2003 IN ORDER TO EFFECT SUCH FINANCING AND REFINANCING; PROVIDING CERTAIN TERMS AND DETAILS OF SAID BONDS, INCLUDING AUTHORIZING A NEGOTIATED SALE OF SAID BONDS; DELEGATING CERTAIN AUTHORITY TO THE CHAIRMAN FOR THE EXECUTION AND DELIVERY OF A PURCHASE CONTRACT; APPOINTING THE PAYING AGENT AND REGISTRAR FOR SAID BONDS; AND PROVIDING AN EFFECTIVE DATE. OBJECTIVE: That the Board of County Commissioners adopts a bond resolution and a supplemental resolution authorizing the issuance of Collier County, Florida Gas Tax Revenue Bonds, Series 2003 in an amount not to exceed $120,000,000 required to finance road projects in the approved Transportation five year work program. CONSIDERATIONS: The Board of County Commissioners originally approved the transportation- financing plan on March 12, 2002. The plan required a series of revenue bonds, pledging all available gas tax revenues and a portion of the County's available sales tax bonding capacity. The plan was later updated as part of this year's Annual Update and Inventory Report (AUIR) of the Collier County Growth Management Plan. The financial implications of the plan were also discussed during the AUIR workshop on December 20, 2002. Specifically, the County Manager noted that the bonding capacity of the financing plan was based on the continuation of all gas taxes that are currently in place in Collier County and that staff would be seeking authorization to extend the 9th cent and the six cents local option gas taxes. The current expiration dates for each of the local option gas taxes are noted below: Gas Tax Ninth (9th) Cent Gas Tax Six Cents Local Option Gas Tax Five Cents Local Option Gas Tax Expiration Date March 10, 2010 August 31, 2015 August 31, 2023 The finance team, composed of the County's Finance Committee, Financial Advisor, Bond Counsel, Underwriter, and Underwriter's Counsel, has prepared the necessary legal documents to proceed with the pricing, closing and delivery of the gas tax revenue bonds, series 2003. The revenues pledged in this bond issue include the following: the Seventh Cent Gas Tax, the Ninth Cent Gas Tax, the Five Cents Local Option Gas Tax, and the Six Cents' Local Option Gas Tax. In addition to the new funding secured in this bond issue, it is recommended that the balance of principal outstanding on the Collier County, Florida Road Improvement Refunding Revenue Bonds, Series 1995 be refunded. These bonds are eligible for a current refunding. This will relieve the County of an onerous coverage requirement, provide for streamlined review by insurance and rating agencies as there will be no subordinate pledge, and the refunding is also anticipated to generate net present value savings of approximately 4.0%. AGENDA ITEM No.~O ~ FEB 1 ! 2003 F'g., ir Based on the size of this bond and the need to expedite the transaction to meet our transportation needs, the County will utilize a Senior Manager and two Co-Managers in underwriting the issue. The senior managing underwriter is Morgan Stanley, with the fu'ms of A.G. Edwards and Sons, Inc., and Raymond James & Associates serving as co-managing underwriters. Underwriters were selected through a request for proposals process and approved by the Board on November 19, 2002. Future Transportation Bond Issues It must also be noted that the second series of transportation bonds (to be issued in FY 2004 or 2005 depending on project timing) will have greater complexity due to legal issues associated with the gas taxes to be pledged. Florida Statutes are not perfectly clear regarding the ability to extend the six cents local option gas tax beyond the initial 30-year authorization, and there are potential disclosure issues associated with the ability to pledge the Constitutional Gas Tax (relative to the State of Florida's ability to redirect these revenues). Bond Counsel is of the opinion that these gas taxes can be further extended and pledged to secure the second series of transportation revenue bonds. Upon approval by the Board of County Commissioners to extend the expiring gas taxes, the legal questions will be addressed through a bond validation process. The validation process involves taking the legal questions to Circuit Court to address three basic questions: is there legal authority to bond these projects, can bonds be issued for such purpose, and can bonds be secured with this revenue source. If there were any interveners, there would be a direct appeal to the Florida Supreme Court that would add, at a minimum, approximately 9 - 12 months to the process. Therefore, it is recommended that the gas tax extensions and the validation process be initiated immediately after the issuance of the Series 2003 bonds, so that legal issues will be resolved prior to the need for the second series of transportation bonds. To maximize the County's legal standing, bond counsel also recommends adopting a "home rule powers" ordinance that recognizes the Board of County Commissioner's authority to issue debt and to secure the debt with the various gas taxes accruing to Collier County. This is currently being advertised and will be presented to the Board for adoption on February 25, 2003. FISCAL IMPACT: Based on the current market conditions, the annual debt service payments will range between approximately $4,791,900 and $10,552,000 over the twenty-year life of the bond. Based on the maturity of each of the specific bonds, interest rates are estimated to range from 2.0% to 4.75%. In FY 2003, the five cent local option gas tax is budgeted to generate $4,883,900, the six cent local option gas tax is budgeted to generate $6,333,700, the 7th cent gas tax is budgeted to generate $1,645,800 and the 9a cent gas tax is budgeted to generate $1,437,500 in revenue : -~ENDHTEM 1 1 2003 pC. 2_ GROWTH MANAGEMENT IMPACT: The bond issue will finance the construction of road projects required to meet concurrency requirements established in the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1) Adopt the Authorizing Resolution and its attachments and proceed to refund Collier County's Road Improvement Refunding Revenue Bonds, Series 1995; 2) Adopt the Supplemental Resolution authorizing matters such as a negotiated sale of the bonds and approve the attachments to the resolution 3) Authorize the County Attomey to prepare and advertise Ordinances to extend the 9th Cent and the Six Cents Local Option Gas Taxes; 4) Approve the associated budget amendments. SUBMITTED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Michael Sm~6,~wsl~i, OM'~ector /~r'~TY~ Date: '¢~i~iam J,~n, Co~ounty Financial Advisor ' ~'. Date: J~es-L. Mitchell, County Fin~ce Director ~~~ ~ounty M~ Date: J~. Mudd, AGENDA ITC No. ,"0 _ FEB 1 1 2003 .r::~._. ~ COLLIER COUNTY, FLORIDA GAS TAX REVENUE BOND RESOLUTION ADOPTED , 2003 AGENDA ITEM t,~ o ~_..._/~ g FEB ~ ~ [~[~ Pg. ___~ ............ SECTION 1.01. SECTION 1.02. SECTION 1.03. SECTION 1.04. SECTION 1.05. SECTION 1.06. SECTION 2.01. SECTION 2.02. . SECTION 2.03. SECTION 2.04. SECTION 2.05. SECTION 2.06. SECTION 2.07. SECTION 2.08. SECTION 3.01. SECTION 3.02. SECTION 3.03. SECTION 3.04. SECTION 3.05. TABLE OF CONTENTS PAGE ARTICLE I GENERAL DEFINITIONS ......................................... 1 AUTHORITY FOR RESOLUTION ........................ 12 RESOLUTION TO CONSTITUTE CONTRACT ............. 12 FINDINGS ............................................ 13 INITIAL PROJECT ..................................... 13 PRIOR BONDS ........................................ 14 ARTICLE II AUTHORIZATION, TERMS, EXECUTION AND REGISTRATION OF BONDS AUTHORIZATION OF BONDS .......................... 15 AUTHORIZATION AND DESCRIPTION OF SERIES 2003 BONDS ............................................. 15 EXECUTION OF BONDS ............................... 16 AUTHENTICATION ................................... 17 TEMPORARY BONDS ................................. 17 BONDS MUTILATED, DESTROYED, STOLEN OR LOST .... 17 INTERCHANGEABILITY, NEGOTIABILITY AND TRANSFER .......................................... 18 FORM OF BONDS ..................................... 19 ARTICLE III REDEMPTION OF BONDS PRIVILEGE OF REDEMPTION .......................... 28 SELECTION OF BONDS TO BE REDEEMED .............. 28 NOTICE OF REDEMPTION ............................. 28 REDEMPTION OF PORTIONS OF BONDS ................ 30 PAYMENT OF REDEEMED BONDS ..................... 30 SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION 4.01. 4.02. 4.03. 4.04. 4.05. 4.06. 4.07. 4.08. 5.01. 5.02. 5.03. 5.04. 5.05. 5.06. 5.07. 5.08. 5.09. 5.10. 6.01. 6.02. 6.03. 6.04. 6.05. 6.06. 6.07. ARTICLE IV SECURITY, SPECIAL FUNDS AND APPLICATION THEREOF BONDS NOT TO BE INDEBTEDNESS OF ISSUER ......... 31 SECURITY FOR BONDS ............................... 31 CONSTRUCTION FUND ............................... 31 FUNDS AND ACCOUNTS .............................. 33 DISPOSITION OF GAS TAX REVENUES ................. 34 REBATE FUND ....................................... 40 INVESTMENTS ....................................... 41 SEPARATE ACCOUNTS ............................... 42 ARTICLE V SUB ORDINATED INDEB TEDNE S S, ADDITIONAL BONDS, AND COVENANTS OF ISSUER SUBORDINATED INDEBTEDNESS ...................... 43 ISSUANCE OF ADDITIONAL BONDS .................... 43 BOND ANTICIPATION NOTES .......................... 45 ACCESSION OF SUBORDINATED INDEBTEDNESS TO PARITY STATUS WITH BONDS ........................ 45 BOOKS AND RECORDS ................................ 45 ANNUAL AUDIT ...................................... 46 NO IMPAIRMENT ..................................... 46 COLLECTION OF GAS TAX REVENUES ................. 46 COVENANTS WITH CREDIT BANKS AND INSURERS ..... 46 FEDERAL INCOME TAX COVENANTS; TAXABLE BONDS. 46 ARTICLE VI DEFAULTS AND REMEDIES EVENTS OF DEFAULT ................................. 48 REMEDIES ........................................... 48 DIRECTIONS TO TRUSTEE AS TO REMEDIAL PROCEEDINGS ....................................... 49 REMEDIES CUMULATIVE. ~ ........................... 49 WAIVER OF DEFAULT ................................ 49 APPLICATION OF MONEYS AFTER DEFAULT ........... 50 CONTRO.I~, BY INSURER ............................... 51 ii SECTION 7.01. SECTION 7.02. SECTION 7.03. SECTION 8.01. SECTION 8.02. SECTION 8.03. SECTION 8.04. SECTION 8.05. SECTION 8.06. SECTION 8.07. ARTICLE VII SUPPLEMENTAL RESOLUTIONS SUPPLEMENTAL RESOLUTION WITHOUT BONDHOLDERS' CONSENT ........................... 52 SUPPLEMENTAL RESOLUTION WITH BONDHOLDERS' AND INSURER'S CONSENT ........................... 53 AMENDMENT WITH CONSENT OF INSURER ONLY ...... 55 ARTICLE VIII MISCELLANEOUS DEFEASANCE ........................................ 56 CAPITAL APPRECIATION BONDS ...................... 58 SALE OF BONDS ...................................... 58 SEVERABILITY OF INVALID PROVISIONS .............. 58 VALIDATION AUTHORIZED ........................... 58 REPEAL OF INCONSISTENT RESOLUTIONS ............. 58 EFFECTIVE DATE .................................... 59 EXHIBIT A DESCRIPTION OF INITIAL PROJECT ................... A-1 111 RESOLUTION NO. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING THE ISSUANCE BY COLLIER COUNTY, FLORIDA OF $ IN AGGREGATE PRINCIPAL AMOUNT OF COLLIER COUNTY, FLORIDA GAS TAX REVENUE BONDS, SERIES 2003 IN ORDER TO PROVIDE FUNDS FOR THE PRINCIPAL PURPOSES OF FINANCING THE COSTS OF VARIOUS TRANSPORTATION IMPROVEMENTS WITHIN THE COUNTY AND REFINANCING CERTAIN INDEBTEDNESS; PLEDGING THE MONEYS RECEIVED BY THE COUNTY FROM THE HEREIN DESCRIBED GAS TAX REVENUES TO SECURE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS; PROVIDING FOR THE RIGHTS OF THE HOLDERS' OF SAID BONDS; PROVIDING FOR THE ISSUANCE OF ADDITIONAL BONDS; PROVIDING FOR CERTAIN ADDITIONAL MATTERS IN RESPECT TO SAID BONDS; AND PROVIDING FOR AN EFFECTIVE DATE FOR THIS RESOLUTION. ARTICLE I GENERAL SECTION 1.01. DEFINITIONS. When used in this Resolution, the following terms shall have the following meanings, unless the context clearly otherwise requires: "Accreted Value" shall mean, as of any date of computation with respect to any Capital Appreciation Bond, an amount equal to the principal amount of such Capital Appreciation Bond (the principal amount at its initial, offering) plus the interest accrued on such Capital Appreciation Bond from the date of delivery to the original purchasers thereof to the Interest Date next preceding the date of computation or the date of computation if an Interest Date, such interest to accrue at a rate not exceeding the legal rate, compounded semiannually, plus, with respect to matters related to the payment upon redemptiOn or acceleration of the Capital Appreciation Bonds, if such date of computation shall not be an Interest Date, a portion of the difference between the' Accreted Value as of the im preceding Interest Date and the Accreted Value as of the immediately succeeding Interest Date, calculated based on the assumption that Accreted Value accrues during any semi-annual period in equal daily amounts on the basis of a 360-day year. "Act" shall mean Chapter 125, Florida Statutes, Sections 206.60, 336.021 and 336.025, Florida Statutes, the Home Rule Ordinance, the Gas Tax Ordinances, the Interlocal Agreements, and other applicable provisions of law. "Additional Bonds" shall mean the obligations issued at any time under the provisions of Section 5.02 hereof on a parity with the Series 2003 Bonds. "Additional Project" shall mean the acquisition and construction of such properties, facilities and improvements as shall be permitted by the Act. This term is to be broadly construed as including any lawful undertaking, including, without limitation, joint ventures and acquisition of partial interests or contractual rights. The description of such Additional Project shall be set forth in the Supplemental Resolution authorizing the issuance of Bonds which shall finance the acquisition, construction and funding of such Additional Project. "Amortization Installment'' shall mean an amount designated as such by Supplemental Resolution of the Issuer and established with respect to the Term Bonds. "Annual Debt Service" shall mean the aggregate amount of Debt Service on the Bonds for each applicable Fiscal Year. "Authorized Investments" shall mean any of the following, if and to the extent that the same are at the time legal for investment of funds of the Issuer: [TO COME] (__) Units of participation in the Local Government Surplus. Funds Trust Fund established pursuant to Part IV, Chapter 218, Florida Statutes, or any similar common trust fund which is established pursuant to State law as a legal depository of public moneys, provided all Outstanding Bonds are insured as to payment by such Insurer or Insurers. (__) Other investments approved by the Insurer or Insurers of the Bonds, provided all Outstanding Bonds are insured as to payment by such Insurer or Insurers. "Authorized Issuer Officer" shall mean the chief administrative officer of the Issuer, or his or her assignee, and when used in reference to any act or document also shall mean any 2 other person authorized by resolution of the Issuer to perform such act or sign such document. "Bond Amortization Account" shall mean the separate account in the Debt Service Fund established pursuant to Section 4.04 hereof. "Bond Counsel" shall mean Nabors, Giblin & Nickerson, P.A. or any other attorney at law or finn of attorneys, of nationally recognized standing in matters pertaining to the federal tax exemption of interest on obligations issued by states and political subdivisions, and duly admitted to practice law before the highest court of any state of the United States of America. "Bond Year" shall mean the period commencing and ending on the dates specified by Supplemental Resolution of the Issuer. "Bondholder" or "Holder" or "holder" or any similar term, when used with reference to a Bond or Bonds, shall mean any person who shall be the registered owner of any Outstanding Bond or Bonds as provided in the registration books of the Issuer. "Bond Insurance Policy" shall mean the municipal bond new issue insurance policy or policies issued by an Insurer guaranteeing the payment of the principal of and interest on any portion of the Bonds. "Bonds" shall mean the Series 2003 Bonds, together with any Additional Bonds issued pursuant to this Resolution and any Subordinated Indebtedness which accedes to the status of Bonds pursuant to Section 5.04 hereof. "Business Day" or "business day" shall mean any day other than a Saturday, Sunday or a day on which banking institutions within the State are authorized by law to remain closed. "Capital Appreciation Bonds" shall mean those Bonds so designated by Supplemental Resolution of the Issuer, which may be either Serial Bonds or Term Bonds and which shall bear interest payable at maturity or redemption, in the case of Capital Appreciation Bonds that are convertible to Bonds with interest payable prior to maturity or prior to redemption of such Bonds, such Bonds shall be considered Capital Appreciation Bonds only during the period of time priOr to such conversion. "Chairman" shall mean the Chairman of the Board of County Commissioners of the Issuer, and such other person as'may be duly authorized to act on his or her behalf. FEB I'i fllB [ "Clerk" shall mean the Clerk of the Circuit Court for Collier County, Florida, ex-officio Clerk of the Board of County Commissioners of the Issuer, or such other person as may be duly authorized to act on his or her behalf. "Code" shall mean the Internal Revenue Code of 1986, as amended, and the regulations and rules thereunder in effect or proposed. "Construction Fund" shall mean the fund established pursuant to Section 4.03 hereof. "Cost" or "Costs", when used in connection with a Project, shall, to the extent permitted by the Act, mean (1) the Issuer's cost of physical construction; (2) costs of acquisition by or for the Issuer of such Project; (3) costs of land and interests therein and the cost of the Issuer incidental to such acquisition; (4) the cost of any indemnity and surety bonds and premiums for insurance during construction; (5) all interest due to be paid on the Bonds and other obligations relating to the Project during, and if deemed advisable by the Issuer, for up to one year after the end of, the construction period of such Project; (6) engineering, legal and other consultant fees and expenses; (7) costs and expenses of the financing incurred during, and if deemed advisable by the Issuer, for up to one (1) year after the end of, the construction period for such Project, including audits, fees and expenses of any Paying Agent, Registrar, Insurer, Credit Bank or depository; (8) payments, when due (whether at the maturity of principal or the due date of interest or upon redemption) on any indebtedness of the Issuer (other than the Bonds) incurred for such Project; (9) costs of machinery or equipment required by the Issuer for the commencement of operation of such Project; (10) other costs or expenses which may be funded from proceeds of the Bonds pursuant to the Act; and (11) any other costs properly attributable to such construction or acquisition, as determined by generally accepted accounting principles and shall include reimbursement to the Issuer for any such items of Cost heretofore paid by the Issuer and interest on any interfund loan related thereto. Any Supplemental Resolution may provide for additional items to be included in the aforesaid Costs. "Counterparty" shall mean the entity entering into a Hedge Agreement with the Issuer. Counterparty would also include any guarantor of such entity's obligations under such Hedge Agreement. "Credit Bank" shall mean as to anyparticular Series of Bonds, the Person (other than an Insurer) providing a letter of credit, a line of'credit or another credit or liquidity enhancement facility, as designated in the Supplemental Resolution providing for the issuance of such Bonds. 4 "Credit Facility" shall mean as to any particular Series of Bonds, a letter of credit, a line of credit or another credit or liquidity enhancement facility (other than an insurance policy issued by an Insurer), as approved in the Supplemental Resolution providing for the issuance of such Bonds. "Debt Service" shall mean, at any time, the aggregate amount in the then applicable period of time of (1) interest required to be paid on the Outstanding Bonds during such period of time, except to the extent that such interest is to be paid from deposits in the Interest Account made from Bond proceeds, (2) principal of Outstanding Serial Bonds maturing in such period of time, and (3) the Amortization Installments herein designated with respect to such period of time. For purposes of this definition, (A) all amounts payable on a Capital Appreciation Bond shall be considered a principal payment in the year it becomes due, (B) with respect to debt service on any Bonds which are subject to a Qualified Hedge Agreement, interest on such Bonds during the term of such Qualified Hedge Agreement shall be deemed to be the Hedge Payments coming due during such period of time, and (C) the amount on deposit in the Reserve Account (or any subaccount thereof) on any date of calculation of Debt Service shall be deducted from the amount of principal due at the final maturity of the Bonds which are Secured by such Reserve Account (or subaccount thereof) and in each preceding year until such amount is exhausted. "Debt Service Fund" shall mean the fund established pursuant to Section 4.04 hereof. "Event of Default" shall mean any Event of Default specified in Section 6.01 of this Resolution. "Fiscal Year" shall mean the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law. "Fitch" means Fitch Ratings and any assigns and successors thereto. "Five Cents Local Option Gas Tax" shall mean the first 5-cents of the local option gas tax levied and received by the Issuer pursuant to Section 336.025(1)(b), Florida Statutes, plus, to the extent provided by Supplemental Resolution of the Issuer, any additional local option gas tax received by the Issuer pursuant to Section 336.025 (1)(b), Florida Statute s, and pledged by the Issuer pursuant to Supplemental Resolution. "Gas Taxes!' shall mean, collectively, the Seventh Cent Gas Tax, the Ninth Cent Gas Tax, the Five Cents Local Option Gas Tax, the Six Cents Local Option Gas Tax and any . other gas tax imposed and/or received by the Issuer which is specifically pledged hereunder - by the Issuer pursuant to Supplemental Resolution. "Gas Tax Ordinances" shall mean the ordinances enacted from time to time by the Issuer which impose the Gas Taxes, including, but not limited to, Ordinance No. 80-50 of the Issuer, enacted on June 3, 1980; Ordinance No. 80-51 of the Issuer, enacted on June 3, 1980; Ordinance No. 99-40 of the Issuer, enacted on May 25, 1999; Ordinance No. 93-48 of the Issuer, enacted on August 3, 1993, as amended by Ordinance No. 2001-26 of the Issuer, enacted on May 8, 2001; each as amended and supplemented from time to time. "Gas Tax Revenues" shall mean the moneys received by the Issuer from the proceeds of the Gas Taxes. "Governing Body" shall mean the Board of County Commissioners of Collier County, Florida or its successor in function. "Hedge Agreement" shall mean an agreement in writing between the Issuer and the Counterparty pursuant to which (1) the Issuer agrees to pay to the Counterparty an amount, either at one time or periodically, which may, but is not required to, be determined by reference to the amount of interest (which may be at a fixed or variable rate) payable on the debt of the Counterparty specified in such agreement in the period specified in such agreement and (2) the Counterparty agrees to pay to the Issuer an amount, either at one time or periodically, which may, but is not required to, be determined by reference to the amount of interest (which may be at a fixed or variable rate) payable on all or a portion ora Series of Bonds specified in such agreement during the period specified in such agreement. "Hedge Payments" shall mean any amounts payable by the Issuer as interest on the related notional amount under a Qualified Hedge Agreement; excluding, however, any payments due as a penalty or a fee or by virtue of termination of a Qualified Hedge Agreement or any obligation of the Issuer to provide collateral. "Hedge Receipts" shall mean any amounts receivable by the Issuer on the related notional amount under a Qualified Hedge Agreement. "Home Rule Ordinance" shall mean Ordinance No. __ 2003, as amended. enacted on February 11, "Initial Project" shall mean the acquisition, construction, and reconstruction of roads and bridges and other transportation improvements within Collier County, Florida, as more specifically described in the plahs and specifications on file or to be on file with the Issuer, with such changes, deletions, additions or modifications to the enumerated improvements, equipment and facilities, or such other improvements, as approved by the Governing Body in accordance with the Act. A general description of the Initial Project is provided in Exhibit A attached hereto. "Insurer" shall mean, such Person as shall be in the business of insuring or guaranteeing the payment of principal of and interest on municipal securities and whose credit is such that, at the time of any action or consent required or permitted by the Insurer pursuant to the terms of this Resolution, all municipal securities insured or guaranteed by it are then rated, because of such insurance or guarantee, in one of the two most secure grades by one of the Rating Agencies. "Interest Account" shall mean the separate account in the Debt Service Fund established pursuant to Section 4.04 hereof. "Interest Date" or "interest payment date" shall be such date or dates for the payment of interest on a Series of Bonds as shall be provided by Supplemental Resolution. "Interlocal Agreements" shall mean, collectively, the interlocal agreement, relating to the Six Cents Local Option Gas Tax, between the Issuer and the City of Naples, dated May 25, 1999, as the same may be amended or supplemented from time to time[; the inteflocal agreement, relating to the Five Cents Local Option Gas Tax, between the Issuer and , dated , as the same may be amended or supplemented from time to time]; and any other interlocal agreement between the Issuer and a municipality located in the Issuer relating to distribution of any of the Gas Taxes. "Investment Earnings" shall mean all income derived from investment of moneys in the funds and accounts established hereunder, other than the Rebate Fund and the Unrestricted Revenue Account. "Issuer" shall mean Collier County, Florida. "Maximum Annual Debt Service" shall mean the largest aggregate amount of the Annual Debt Service becoming due in any Fiscal Year in which B °nds are Outstanding. "Maximum Interest Rate" shall mean, with respect to any particular Variable Rate Bonds, a numerical rate of interest, which shall be set forth in the Supplemental Resolution of the Issuer delineating the details of such Bonds, that shall be the maximum rate of interest such Bonds may at any particul.ar time bear. FEB "Moody's"shall mean Moody's Investors Service, and any assigns or successors thereto. "Ninth Cent Gas Tax" shall mean the tax of one-cent per gallon on motor fuel and special fuel imposed by the Issuer pursuant to Section 336.021, Florida Statutes, approved at a countywide referendum on March 11, 1980, and taxed and collected under Chapter 206, Florida Statutes, as provided in the Gas Tax Ordinances. "Outstanding", when used with reference to Bonds and as of any particular date, shall describe all Bonds theretofore and thereupon being authenticated and delivered except, (1) any Bond in lieu of which another Bond or other Bonds have been issued under agreement to replace lost, mutilated or destroyed Bonds, (2) any Bond surrendered by the Holder thereof in exchange for another Bond or other Bonds under Sections 2.05 and 2.07 hereof, (3) Bonds deemed to have been paid pursuant to Section 8.01 hereof, and (4) Bonds cancelled after purchase in the open market or because of payment at or redemption prior to maturity. "Paying Agent" shall mean for each Series of Bonds any paying agent for such Series of Bonds appointed by or pursuant to this Resolution and its successor or assigns, and any other Person which may at any time be substituted in its place pursuant to this Resolution. "Person" shall mean an individual, a corporation, a partnership, an association, a joint stock company, a trust, any unincorporated organization, governmental entity or other legal entity. "Pledged Funds" shall mean (1) the Gas Tax Revenues and (2) until applied in accordance with the provisions of this Resolution, all moneys, including investments thereof, in the funds and accounts established hereunder, except (A) as for the Unrestricted Revenue Account and the Rebate Fund, and (B) to the extent moneys on deposit, in a subaccount of the Reserve Account shall be pledged solely for the payment of the Series of Bonds for which it was established in accordance with the provisions hereof. "Prerefunded Obligations" shall mean any bonds or other obligations of any state of the United States of America or of any agency, instrumentality or local governmental unit of any such state (1) which are (A) not callable prior to maturity or (B) as to which irrevocable instructions have been given tO the fiduciary for such bonds or other obligations by the obligor to give due notice of redemption and to call such bonds for redemption on the date or dates specified in such instructions, (2) which are fully secured as to principal, redemption premium, if any, and interest by a fund consisting only of cash or United States FEB I 2003 Obligations, secured in the manner set forth in Section 8.01 hereof, which fund may be applied only to the payment of such principal of, redemption premium, if any, and interest on such bonds or other obligations on the maturity date or dates thereof or the specified redemption date or dates pursuant to such irrevocable instructions, as the case may be, (3) as to which the principal of and interest on the United States Obligations, which have been deposited in such fund along with any cash on deposit in such fund, are sufficient, as verified by an independent certified public accountant or other expert in such matters, to pay principal of, redemption premium, if any, and interest on the bonds or other obligations on the maturity date or dates thereof or on the redemption date or dates specified in the irrevocable instructions referred to in clause (1) above, and (4) which are rated in the highest rating category (without regard of gradations, such as "plus" or "minus" of such categories) of one of the Rating Agencies. "Principal Account" shall mean the separate account in the Debt Service Fund established pursuant to Section 4.04 hereof. "Prior Bonds" shall mean the Issuer's Collier County, Florida Road Improvement Refunding Revenue Bonds, Series 1995, dated as of July 1, 1995, and any obligations issued pursuant to the Prior Resolution to refund such Bonds. "Prior Resolution" shall mean the Issuer's Resolution No. 80-114, adopted on June 10, 1980, as amended and supplemented. "Project" shall mean the Initial Project and any Additional Project. "Qualified Hedge Agreement" shall mean a Hedge Agreement with a Counterparty which at the time it enters into such Qualified Hedge Agreement is rated "A-" or better by Standard & Poor's and "A3" or better by Moody's. "Rating Agencies" means Fitch, Moody's and Standard & Poor's. "Rebate Fund" shall mean the Rebate Fund established pursuant to Section 4.04 hereof. "Redemption Price" shall mean, with respect to any Bond or portion thereof, the principal amount or portion thereof, plus the applicable premium, if any, payable upon redemption thereof pursuant to such Bond or this Resolution. "Refunding Securities" shall mean the United States Obligations and the Prerefunded Obligations. "Registrar" shall mean for each Series of Bonds any registrar for Bonds appointed by or pursuant to this Resolution and its successors and assigns, and any other Person which may at any time be substituted in its place pur.suant to this Resolution. "Reserve Account" shall mean the separate account in the Debt Service Fund established pursuant to Section 4.04 hereof. "Reserve Acco unt Insurance Policy" shall mean the insurance policy or surety bond deposited in the Reserve Account in lieu of or in partial substitution for cash on deposit therein pursuant to Section 4.05 (A)(4) hereof. "Reserve Account Letter of Credit" shall mean an unconditional irrevocable letter of credit or line of credit or other credit facility (other than a Reserve Account Insurance Policy) deposited in the Reserve Account in lieu of or in partial substitution for cash on deposit therein pursuant to Section 4.05(A)(4) hereof. "Reserve Account Requirement" shall mean, as of any date of calculation for the Reserve Account, an amount equal to the lesser of (1) Maximum Annual Debt Service for all Outstanding Bonds secured thereby, (2) 125% of the average Annual Debt Service for all Outstanding Bonds secured thereby, or (3) the maximum amount allowed to be funded from proceeds of tax-exempt obligations and invested at an unrestricted yield pursuant to the Code; provided, however, the Issuer may establish by Supplemental Resolution a different Reserve Account Requirement for a subaccount of'the Reserve Account which secures a Series of Bonds pursuant to Section 4.05(A)(4) hereof. In computing the Reserve Account Requirement in respect ora Series of Bonds that constitutes Variable Rate Bonds, the interest rate on such Bonds shall be assumed to be (A) if such Variable Rate Bonds have been Outstanding for at least 24 months prior to the date of calculation, the highest average interest rate borne by such Variable Rate Bonds for any 30-day period, and (B) if such Variable Rate Bonds have not been Outstanding for at least 24 months prior to the date of calculation, the Bond Buyer Revenue Bond Index most recently published prior to the time of calculation. The time of calculation for Variable Rate Bonds shall be each March 1. "Resolution" shall mean this Resolution, as the same may from time to time be amended, modified or supplemented by Supplemental Resolution. "Restricted Revenue Account" shall mean the separate account in the Revenue Fund established pursuant to Section 4.04 hereof. hereof. "Revenue Fund" shall mean the Revenue Fund established pursuant to Section 4.04 10 "Serial Bonds" shall mean all of the Bonds other than the Term Bonds. "Series" shall mean all the Bonds delivered on original issuance in a simultaneous transaction and identified pursuant to Sections 2.01 and 2.02 hereof or a Supplemental Resolution authorizing the issuance by the Issuer of such Bonds as a separate Series, regardless of variations in maturity, interest rate, Amortization Installments or other provisions. "Series 2003 Bonds" shall mean the Issuer's Collier County, Florida Gas Tax Revenue Bonds, Series 2003 authorized pursuant to Section 2.02 hereof. "Seventh Cent Gas Tax" shall mean the tax of one cent per gallon on motor fuel levied by Section 206.60, Florida Statutes, and special fuel levied by Section 206.87, Florida Statutes, and allocated to the Issuer pursuant to the provisions of subsection (1)(b) of said Section 206.60 and subsection (2) of Section 206.875, Florida Statutes. "Six Cents Local Option Gas Tax" shall mean the first 6-cents of the local option gas tax levied and received by the Issuer pursuant to Section 336.025(1)(a), Florida Statutes, plus, to the extent provided by Supplemental Resolu,tion of the Issuer, any additional local option gas tax received by the Issuer received pursuant to Section 336.025(1)(a), Florida Statutes, and pledged by the Issuer pursuant to Supplemental Resolution. "Standard and Poor's" or "S&P" shall mean Standard and Poor's Ratings Services, and any assigns and successors thereto. "State" shall mean the State of Florida. "Subordinated Indebtedness" shall mean that indebtedness of the Issuer, subordinate and junior to the Bonds, issued in accordance with the provis!ons of Section 5.01 hereof. "Supplemental Resolution" shall mean any resolution of the Issuer amending or supplementing this Resolution enacted and becoming effective in accordance with the terms of Sections 7.01, 7.02 and 7.03 hereof. "Taxable Bond" shall mean any Bond which states, in the body thereof, that the interest income thereon is includable in the gross in~ome of the Holder thereof for federal income taxation purposes or that such interest is subject to federal income taxation. 11 "Term Bonds" shall mean those Bonds which shall be designated as Term Bonds hereby or by Supplemental Resolution of the Issuer and which are subject to mandatory redemption by Amortization Installment. "United States Obligations" shall mean obligations described in paragraphs (__) and (__) of the definition of "Authorized Investments." "United States Obligations" shall also include direct obligations of the United States Treasury, Treasury Receipts, CATS, STRPS, TIGRS, Refcorp interest strips and similar securities and obligations of agencies described in this definition; provided such obligations do not permit redemption prior to maturity at the option of the obligor. "Unrestricted Revenue Account" shall mean the separate account in the Revenue Fund established pursuant to Section 4.04 hereof. "Variable Rate Bonds" shall mean Bonds issued with a variable, adjustable, convertible or other similar rate which is not fixed in percentage for the entire term thereof at the date of issue. The terms "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms, shall refer to this Resolution; the term "heretofore" shall mean before the date of adoption of this Resolution; and the term "hereafter" shall mean after the date of adoption of this Resolution. Words importing the masculine gender include every other gender. Words importing the singular number include the plural number, and vice versa. SECTION 1.02. AUTHORITY FOR RESOLUTION. This Resolution is adopted pursuant to the provisions of the Act. The Issuer has ascertained and hereby determined that adoption of this Resolution is necessary to carry out the powers, purposes and duties expressly provided in the Act, that each and every matter and thing as to which provision is made herein is necessary in order to carry out and effectuate the purposes of the Issuer in accordance with the Act and to carry out and effectuate the plan and purpose of the Act, and that the powers of the Issuer herein exercised are in each case exercised in accordance with the provisions of the Act and in furtherance of the purposes of the Issuer. SECTION1.03. RESOLUTION TO CONSTITUTE CONTRACT. In consideration of the purchase and acceptance of any or all of the Bonds by those who shall hold the same from time to time, the provisions of this Resolution shall be a part ofthe contract of the Issuer with the .Holders of the Bonds and any Credit Bank and Insurer and 12 shall be deemed to be and shall constitute a contract between the Issuer and the Holders from time to time of the Bonds and any Credit Bank and Insurer. The pledge made in this Resolution and the provisions, covenants and agreements herein set forth to be performed by or on behalf of the Issuer shall be for the equal benefit, protection and security of the Holders of any and all of said Bonds and for the benefit, protection and security of any Credit Bank and Insurer. All of the Bonds, regardless of the time or times of their issuance or maturity, shall be of equal rank without preference, priority or distinction of any of the Bonds over any other thereof except as expressly provided in or pursuant to this Resolution. SECTION 1.04. FINDINGS. It is hereby ascertained, determined and declared: (A) That the Issuer deems it necessary, desirable and in the best interests of the health, safety and welfare of the Issuer and its inhabitants that Projects, from time to time, be acquired and constructed. (B) That such Projects shall be financed, in whole or in part, by the proceeds of Bonds issued pursuant to this Resolution. (C) That the Pledged Funds are not pledged or encumbered in any manner, except as provided in the Prior Resolution. Such Pledged Funds shall secure the payment of the Bonds, in accordance with the terms hereof. (D) That the Prior Resolution provides for a lien on and pledge of the Ninth Cent Gas Tax and Seventh Cent Gas Tax for the benefit of the holders of the Prior Bonds. Such pledge and lien shall be extinguished upon the issuance of the Series 2003 Bonds and the refunding of the Prior Bonds. (E) That the estimated Pledged Funds will be sufficient to pay the principal of and interest on the Bonds to be issued pursuant to this Resolution, as the same become due, and all other payments provided for in this Resolution. (F) That the principal of and interest on the Bonds to be issued pursuant to this Resolution, and all other payments provided for in this Resolution will be paid solely from the Pledged Funds provided herein; and the ad valorem taxing power of the Issuer will never be necessary or authorized to pay the principal of and interest on the Bonds to be issued pursuant to this Resolution and, except as otherwise, provided herein, the Bonds shall not constitute a lien upon any property of the Issuer. SECTION 1.05. INITIAL PROJECT. acquisition and construction of'the Initial Project. 13 The Issuer does hereby authorize, the SECTION 1.06. PRIOR BONDS. refunding of the Prior Bonds. The Issuer does hereby authorize the 14 ARTICLE II AUTHORIZATION, TERMS, EXECUTION AND REGISTRATION OF BONDS SECTION 2.01, AUTHORIZATION OF BONDS. This Resolution creates an issue of Bonds of the Issuer to be designated as "Collier County, Florida, Gas Tax Revenue Bonds" which may be issued in one or more Series as hereinafter provided. The aggregate principal amount of the Bonds which may be executed and delivered under this Resolution is not limited except as is or may hereafter be provided in this Resolution or as limited by the Act or by law. The Bonds may, if and when authorized by the Issuer pursuant to this Resolution, be issued in one or more Series, with such further appropriate particular designations added to or incorporated in such title for the Bonds of any particular Series as the Issuer may determine and as may be necessary to distinguish such Bonds from the Bonds of any other Series. Each Bond shall bear upon its face the designation so determined for the Series to which it belongs. The Bonds shall be issued for such purpose or purposes; shall bear interest at such rate or rates not exceeding the maximum rate permitted by law; and shall be payable in lawful money of the United States of America on such dates; all as determined by Supplemental Resolution of the Issuer. The Bonds shall be issued in such denominations and such form, whether coupon or registered; shall be dated such date; shall bear such numbers; shall be payable at such place or places; shall contain such redemption provisions; shall have such Paying Agents and Registrars; shall mature in such years and amounts; and the proceeds shall be used in such manner; all as determined by Supplemental Resolution of the Issuer. The Issuer may issue Bonds which may be secured by a Credit Facility or by a Bond Insurance Policy of an Insurer all as shall be determined by Supplemental Resolution of the Issuer. The Governing Body may delegate approval of the terms, details and sale of a Series of Bonds to an Authorized Issuer Officer pursuant to Supplemental Resolution. SECTION 2.02. AUTItORIZATION AND DESCRIPTION OF SERIES 2003 BOND S. A Series of Bonds entitled to the benefit, protection and security of this Resolution is hereby authorized in the aggregate principal amount of $ for the principal purposes of paying or reimbursing the Costs of the Initial Project and refunding the Prior Bonds. Such Series of Bonds.~hall be designated as, and shall be distinguished from the 15 Bonds of all other Series by the title, "Collier County, Florida, Gas Tax Revenue Bonds, Series 2003." The Series 2003 Bonds shall be dated as of the first day of the month in which occurs the delivery of the Series 2003 Bonds to the purchaser or purchasers thereof or such other date as may be set forth by Supplemental Resolution of the Issuer; shall be issued as fully registered Bonds; shall be numbered consecutively from one upward in order of maturity preceded by the letter "R"; shall be in such denominations and shall bear interest at a rate or rates not exceeding the maximum rate permitted by law, payable in such manner and on such dates; shall consist of such amounts of Serial Bonds, Term Bonds, Variable Rate Bonds and Capital Appreciation Bonds; maturing in such amounts and in such years not exceeding such period as may be permitted by the Act at the time of issuance; shall be payable in such place or places; shall have such Paying Agents and Registrars; and shall contain such redemption provisions; all as the Issuer shall provide hereafter by Supplemental Resolution. The principal of or Redemption Price, if applicable, on the Serles 2003 Bonds are payable upon presentation and surrender of the Series 2003 Bonds at the office of the Paying Agent. Interest payable on any Series 2003 Bond on any Interest Date will be paid by check or draft of the Paying Agent to the Holder in whose name such Bond shall be registered at the close of business on the date which shall be the fifteenth day (whether or not a business day) of the calendar month next preceding such Interest Date, or, at the request and expense of such Holder, by bank wire transfer for the account of such Holder. All payments of principal of or Redemption Price, if applicable, and interest on the Series 2003 Bonds shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment o f public and private debts. SECTION 2.03. EXECUTION OF BONDS. The Bonds shall be executed in the name of the Issuer with the manual or facsimile signature of the Chairman and the official seal of the Issuer shall be imprinted thereon, attested and countersigned with the manual or facsimile signature of the Clerk. In case any one or more of the officers who shall have signed or sealed any of the Bonds or whose facsimile signature shall appear thereon shall cease to be such officer of the Issuer before the Bonds so signed and sealed have been actually sold and delivered such Bonds may nevertheless be sold and delivered as herein provided and may be issued as if the person who signed or sealed such Bonds had not ceased to hold such office. Any Bond may be signed and sealed on behalf of the Issuer by such person who at the actual time of the execution of such Bond shall hold the proper office of the Issuer, although at the date of such BOnd such person may not have held such office or may not have been so authorized. The Issuer may adopt and use for such purposes the facsimile signatures of any such persons who shall have held such offices at any time after 16 the date of the adoption of this Resolution, notwithstanding that either or both shall have ceased to hold such office at the time the Bonds shall be actually sold and delivered. SECTION 2.04. AUTHENTICATION. No Bond of any Series shallbe secured hereunder or entitled to the benefit hereof or shall be valid or obligatory for any purpose unless there shall be manually endorsed on such Bond a certificate of authentication by the Registrar or such other entity as may be approved by the Issuer for such purpose. Such certificate on any Bond shall be conclusive evidence that such Bond has been duly authenticated and delivered under this Resolution. The form of such certificate shall be substantially in the form provided in Section 2.08 hereof. SECTION 2.05. TEMPORARY BONDS. Until the definitive Bonds of any Series are prepared, the Issuer may execute, in the same manner as is provided in Section 2.03, and deliver, upon authentication by the Registrar pursuant to Section 2.04 hereof, in lieu of definitive Bonds, but subject to the same provisions, limitations and conditions as the definitive Bonds, except as to the denominations thereof, one or more temporary Bonds substantially of the tenor of the definitive Bonds in lieu of which such temporary Bond or Bonds are issued, in denominations authorized by the Issuer by Supplemental Resolution, and with such omissions, insertions and variations as may be appropriate to temporary Bonds. The Issuer, at its own expense, shall prepare and execute definitive Bonds, which shall be authenticated by the Registrar. Upon the surrender of such temporary Bonds for exchange, the Registrar, without charge to the Holder thereof, shall deliver in exchange therefor definitive Bonds, of the same aggregate principal amount and Series and maturity as the temporary Bonds surrendered. Until so exchanged, the temporary Bonds shall in all respects be entitled to the same benefits and security as definitive Bonds issued pursuant to this Resolution. All temporary Bonds surrendered in exchange for another temporary Bond or Bonds or for a definitive Bond or Bonds shall be forthwith cancelled by the Registrar. SECTION 2.06. BONDS MUTILATED, DESTROYED, STOLEN OR LOST. In case any Bond shall become mutilated, or be destroyed, stolen or lostl the Issuer may, in its discretion, issue and deliver, and the RegiStrar shall authenticate, a new Bond of like tenor as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond upon surrender and cancellation of such mutilated Bond or in lieu of and substitution for the Bond destroyed, stolen or lost, and upon the Holder furnishing the. Issuer and the Registrar proof of his ownership thereof and satisfactory indemnity and complying with such other reasonable regulations and conditions as the Issuer or the Registrar may prescribe and paying such expenses as the Issuer and'the Registrar may incur. All Bonds so surrendered or otherwise substituted shall be cancelled by the Registrar. If any of the Bonds shall have matured or be about to mature, instead o fissuing a substitute Bond, the Issuer may 17 pay the same or cause the Bond to be paid, upon being indemnified as aforesaid, and if such Bonds be lost, stolen or destroyed, without surrender thereof. Any such duplicate Bonds issued pursuant to this Section 2.06 shall constitute original, additional contractual obligations on the part of the Issuer whether or not the lost, stolen or destroyed Bond be at any time found by anyone, and such duplicate Bond shall be entitled to equal and proportionate benefits and rights as to lien on the Pledged Funds to the same extent as all other Bonds issued hereunder. SECTION 2.07. INTERCHANGEABILITY, NEGOTIABILITY AND TRANSFER. Bonds, upon surrender thereof at the office of the Registrar with a written instrument of transfer satisfactory to the Registrar, duly executed by the Holder thereof or his attorney duly authorized in writing, may, at the option of the Holder thereof, be exchanged for an equal aggregate principal amount of registered Bonds of the same Series and maturity of any other authorized denominations. The Bonds issued under this Resolution shall be and have all the qualities and incidents of negotiable instruments under the law merchant and the Uniform Commercial Code of the State of Florida, subject to the provisions for registration and transfer contained in this Resolution and in the Bonds. So long as any of the Bonds shall remain Outstanding, the Issuer shall maintain and keep, at the office of the Registrar, books for the registration and transfer of the Bonds. Each Bond shall be transferable only upon the books of the Issuer, at the office of the Registrar, under such reasonable regulations as the Issuer may prescribe, by the Holder thereof in person or by his attorney duly authorized in writing upon surrender thereof together with a written instrument of transfer satisfactory to the Registrar duly executed and guaranteed by the Holder or his duly authorized attorney. Upon the transfer of any such Bond, the Issuer shall issue, and cause to be authenticated, in the name of the transferee a new Bond or Bonds of the same aggregate principal amount and Series.and maturity as the surrendered Bond. The Issuer, the Registrar and any Paying Agent or fiduciary of the Issuer may deem and treat the Person in whose name any Outstanding Bond shall be registered upon the books of the Issuer as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal or Redemption Price, if applicable, and interest on such Bond and for all other purposes, and all such payments so made to any such Holder or upon his order shall be valid and effectual to satisfy and discharge the liability upon such Bond fo the extent of the sum or sums so paid and neither the Issuer nor the Registrar nor any Paying Agent or other fiduciary of the Issuer shall be affected by any notice to the contrary. 18 The Registrar, in any case where it is not also the Paying Agent in respect to any Series of Bonds, shall forthwith (A) following the fifteenth day prior to an interest payment date for such Series; (B) following the fifteenth day next preceding the date of first mailing of notice of redemption of any Bonds of such Series; and (C) at any other time as reasonably requested by the Paying Agent of such Series, certify and furnish to such Paying Agent the names, addresses and holdings of Bondholders and any other relevant information reflected in the registration books. Any Paying Agent of any fully registered Bond shall effect payment of interest on such Bonds by mailing a check to the Holder entitled thereto or may, in lieu thereof, upon the request and at the expense of such Holder, transmit such payment by bank wire transfer for the account of such Holder. In all cases in which the privilege of exchanging Bonds or transferring Bonds is exercised, the Issuer shall cause to be issued Bonds and the Registrar shall authenticate and deliver such Bonds in accordance with the provisions of this Resolution. Execution of Bonds by the Chairman and Clerk for purposes of exchanging, replacing or transferring Bonds may occur at the time of the original delivery of the Series of which such Bonds are a part. All Bonds surrendered in any such exchanges or transfers shall be held by the Registrar in safekeeping until directed by the Issuer to be destroyed or returned by the Registrar. For every such exchange or transfer of Bonds, the Issuer or the Registrar may make a charge sufficient to reimburse it for any tax, fee, expense or other governmental charge required to be paid with respect to such exchange or transfer. The Issuer and the Registrar shall not be obligated to make any such exchange or transfer of Bonds of any Series during the 15 days next preceding an Interest Date on the Bonds of such Series (other than Capital Appreciation Bonds and Variable Rate Bonds), or, in the case of any proposed redemption of Bonds of such Series, then, for the Bonds subject to redemption, during the 15 days next preceding the date of the first mailing of notice of such redemption and continuing until such redemption date. The Issuer may electto issue any Bonds as uncertificated registered public obligations (not represented by instruments), commonly known as book-entry obligations, provided it shall establish a system of registration therefor by Supplemental Resolution. SECTION 2.08. FORM OF BONDS. The text of the Bonds, except for Capital Appreciation Bonds and Variable Rate Bonds, the form of which shall be provided by Supplemental Resolution of the Issuer, shall be in substantially the following form with such omissions, insertions and variations as may be necessary and/or desirable and approved by the Chairman or the Clerk prior to the issuance thereof (which necessity and/or desirability and approval shall be presumed by such officer's execution of the Bonds and the Issuer's delivery of the Bonds to the purchaser or purchasers thereof): 19 No. R- UNITED STATES OF AMERICA STATE OF FLORIDA COLLIER COUNTY, FLORIDA GAS TAX REVENUE BOND, SERIES Interest Maturity Date of Rate Date Original Issue CUSIP Registered Holder: Principal Amount; Collier County, Florida, a political subdivision of the State of Florida (the "Issuer"), for value received, hereby promises to pay, solely from the Pledged Funds hereinafter described, to the Registered Holder identified above, or registered assigns as hereinafter provided, on the Maturity Date identified above, the Principal Amount identified above and to pay interest on such Principal Amount from the Date of Original Issue identified above or from the most recent interest payment date to which interest has been paid at the Interest Rate per annum identified above on and of each year commencing until such Principal Amount shall have been paid, except as the provisions hereinafter set forth with respect to redemption prior to maturity may be or become applicable hereto. Such Principal Amount and interest and the premium, if any, on this Bond are payable in any coin or currency of the United States of America which, on the respective dates of payment thereof, shall be legal tender for the payment of public and private debts. Such Principal Amount and the premium, if any, on this Bond, are payable, upon presentation and surrender hereof, at the designated corporate trust office of , , ...... as Paying Agent. Payment of each installment of interest shall be made to the person in whose name this Bond shall be registered on the registration books of the Issuer maintained by .... as Registrar, at the close of business on the date which Shall be the fi'fteenth day (whether or not a business day) of the calendar 2O month next preceding each interest payment date and shall be paid by a check or draft of such Paying Agent mailed to such Registered Holder at the address appearing on such registration books or, at the request and expense of such Registered Holder, by bank wire transfer for the account of such Holder. This Bond is one of an authorized issue of Bonds in the aggregate principal amount of $__ (the "Bonds") of like date, tenor and effect, except as to maturity date, interest rate, denomination and number, issued to finance , in and for the Issuer, under the authority of and in full compliance with the Constitution and laws of the State of Florida, particularly Chapter 125, Florida Statutes, Sections 206.60, 336.021 and 336.025, Florida Statutes, certain ordinances of the Issuer, certain interlocal agreements and other applicable provisions of law (the "Act"), and a resolution duly adopted by the Board of County Commissioners of the Issuer on ,2003, as amended and supplemented (the "Resolution"), and is subject to all the terms and conditions of the Resolution. This Bond and the interest hereon are payable solely from and secured by a lien upon and a pledge of (1) the Gas Tax Revenues (as defined in the Resolution) and (2)until applied in accordance with the provisions of the Resolution, all moneys, including investments thereof, in certain of the funds and accounts established by the Resolution, all in the manner and to the extent described in the Resolution (collectively, the "Pledged Funds"). The Gas Taxes subject to the lien and pledge provided in the Resolution may be increased by the Issuer in accordance with the terms of the Resolution. It is expressly agreed by the Registered Holder of this Bond that the full faith and credit of the Issuer, the State of Florida, or any political subdivision thereof, are not pledged to the payment of the principal of, premium, if any, and interest on this Bond and that such Holder shall never have the right to require or compel the exercise of any taxing power of the Issuer, the State of Florida, or any political subdivision thereof, to the payment of such principal, premium, if any, and interest. This Bond and the obligation evidenced hereby shall not constitute a lien upon any property of the Issuer, but shall constitute 'a lien only on, and shall be payable solely from, the Pledged Funds in accordance with the terms of the Resolution. The Issuer may issue additional obligations on parity with the Bonds in accordance with the terms of the Resolution. Neither the members of the Board of County Commissioners of the Issuer nor any person executing this Bond shall be liable personally hereon or be subject to any personal liability or accountability by reason of the issuance hereof. REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE SIDE HEREOF AND SUCH FURTHER ..... . PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH ON THE FRONT SIDE HEREOF. [This Bond is one of a Series of Bonds which were validated by judgment of the Circuit Court of the Twentieth Judicial Circuit of Florida, in and for Collier County, Florida, rendered on .] This Bond shall notbe valid or become obligatory for any purpose until the certificate of authentication hereon shall have been signed by the Registrar. IN WITNESS WHEREOF, Collier County, Flor/da has issued this Bond and has caused the same to be executed by the manual or facsimile signature of the Chairman of its Board of County Commissioners and to be countersigned and attested by the manual or facsimile signature of the Clerk of the Board of County Commissioners and its official seal or a facsimile thereof to be affixed or reproduced hereon, all as of the Date of Original Issue. COLLIER COUNTY, FLORIDA (SEAL) Chairman of the Board of County Commissioners of Collier County, Florida Clerk of the Board of County Commissioners of Collier County, Florida 22 Resolution. CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds of the Issue described in the within-mentioned DATE OF AUTHENTICATION: Registrar By: Authorized Officer (Provisions on Reverse Side of Bond) The transfer of this Bond is registrable in accordance with the terms of the Resolution only upon the books of the Issuerkept for that purpose at the designated corporate trust office of the Registrar by the Registered Holder hereof in person or by his attorney duly authorized in writing, upon the surrender of this Bond together with a written instrument of transfer satisfactory to the Registrar duly executed by the Registered Holder or his attorney duly authorized in writing, and thereupon a new Bond or Bonds in the same aggregate principal amount shall be issued to the transferee in exchange therefor, and upon the payment of the charges, if any, therein prescribed. The Bonds are issuable in the form of fully registered Bonds in the denomination of $5,000 and any integral multiple thereof, not exceeding the aggregate principal amount of the Bonds. The Issuer, the Registrar and any Paying Agent may treat the Registered Holder o f this Bond as the absolute owner hereof for all purposes, whether or not ihis Bond shall be overdue, and shall not be affected by any notice to the contrary. The Issuer and the Registrar shall not be obligated to make any exchange or transfer of the Bonds during the 15 days next preceding an interest payment date or, in the case of any proposed redemption of the Bonds, then, for the Bonds subject to redemption, during the 15 days next preceding the date of the first mailing of notice of such redemption. (INSERT REDEMPTION PROVISIONS) Redemption of this Bond under the preceding paragraphs shall be made as provided in the Resolution upon notice given by first class mail sent at least 30 days prior to the redemption date to the Registered Holder hereof at the address shown on the registration books maintained by the Registrar; .provided, however, that failure to mail notice to the Registered Holder hereof, or any defect therein, shall not affect the validity of the proceedings for redemption of other Bonds as to which no such failure or defect has occurred. In the event that less than the full principal amount hereof shall have been called for redemption, the Registered Holder hereof shall surrender this Bond in exchange for one or more Bonds in an aggregate principal amount equal to the unredeemed portion of principal, as provided in the Resolution. Reference to the Resolution and any and all resolutions supplemental thereto and modifications and amendments thereof and to the Act is made for a description of the pledge and covenants securing this Bond, the nature, manner and extent of enforcement of such pledge and covenants, and the rights, duties, immunities and obligations of the Issuer. 24 It is hereby certified and recited that all acts, conditions and things required to exist, to happen and to be performed precedent to and in the issuance of this Bond, exist, have happened and have been performed, in regular and due form and time as required by the laws and Constitution of the State of Florida applicable thereto, and that the issuance of the Bonds does not violate any constitutional or statutory limitations or provisions. 25 ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and-transfers unto Insert Social Security or Other Identifying Number of Assignee (Name and Address of Assignee) the within Bond and does hereby irrevocably constitute and appoint ., as attorneys to register the transfer of the said Bond on the books kept for registration thereof with full power of substitution in the premises. Dated: Signature guaranteed: NOTICE: Signature(s) must be guaranteed by an institution which is a participant in the Securities Transfer Agent Medallion Program (STAMP) or similar program. NOTICE: The signature to this assignment must correspond with the name of the Registered Holder as il appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever and the Social Security or other identifying number of such assignee must be supplied. 26 The following abbreviations, when used in the inscription on the face of the within Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants in common TEN ENT -- as tenants by the entireties JT TEN -- as joint tenants with right of survivorship and not as tenants in common UNIF TRANS MIN ACT -- Custodian for (Cust.) under Uniform Transfers to Minors Act of (State) Additional abbreviations may also be used though not in list above. 27 ARTICLE III REDEMPTION OF BONDS SECTION 3.01. PRIVILEGE OF REDEMPTION. The terms of this Article III shall apply to redemption of Bonds other than Capital Appreciation Bonds or Variable Rate Bonds. The terms and provisions relating to redemption of Capital Appreciation Bonds and Variable Rate Bonds shall be provided by Supplemental Resolution. SECTION 3.02. SELECTION OF BONDS TO BE REDEEMED. The Bonds shall be redeemed onlyin the principal amount of $5,000 each and integral multiples thereof. The Issuer shall, at least 45 days prior to the redemption date (unless a shorter time period shall be satisfactory to the Registrar) notify the Registrar of such redemption date and of the principal amount of Bonds to be redeemed. For purposes of any redemption of less than all of the Outstanding Bonds of a single maturity, the particular Bonds or portions of Bonds to be redeemed shall be selected not more than 45 days prior to the redemption date by the Registrar from the Outstanding Bonds of the maturity or maturities designated by the Issuer by such method as the Registrar shall deem fair and appropriate and which may provide for the selection for redemption of Bonds or portions of Bonds in principal amounts of $5,000 and integral multiples thereof. If less than all of the Outstanding Bonds of a single maturity are to be redeemed, the Registrar shall promptly notify the Issuer and Paying Agent (if the Registrar is not the Paying Agent for such Bonds) in writing of the Bonds or portions of Bonds selected for redemption and, in the case of any Bond selected for partial redemption, the principal amount thereof to be redeemed. SECTION 3.03. NOTICE OF REDEMPTION. Notice of such redemption, which shall specify the Bond or Bonds (or portions thereof) to be redeemed and the date and place for redemption, shall be given by the Registraron behalf of the Issuer, and (A) shall be filed with the Paying Agents of such Bonds, (B) shall be: mailed first class, postage prepaid, at least 30 days prior to the redemption date to all Holders of Bonds to be redeemed at their addresses as they appear on the registration books kept by the Registrar as of the date of mailing of such notice, and (C) shall be mailed, certified mail, postage prepaid, at least 35 days prior to the redemption date to the registered securities depositories and two or more nationally recognized municipal bond information services. Failure to mail such notice to such depositories or services or the Holders of the Bonds to be redeemed, or any defect therein, shall not affect the proceedings for redemption of Bonds as to which no such failure or defect has occurred. Notice' of optional redemption of Bonds shall only be sent if the 28 Issuer determines it shall have sufficient funds available to pay the Redemption Price of and interest on the Bonds called for redemption on the redemption date. Each notice of redemption shall state: (1) the CUSIP numbers of all Bonds being redeemed, (2) the original issue date of such Bonds, (3) the maturity date and rate of interest borne by each Bond being redeemed, (4) the redemption date, (5) the Redemption Price, (6) the date on which such notice is mailed, (7) if less than all Outstanding Bonds are to be redeemed, the certificate number (and, in the case ora partial redemption of any Bond, the principa! amount) of each Bond to be redeemed, (8) that on such redemption date there shall become due and payable upon each Bond to be redeemed the Redemption Price thereof, or the Redemption Price of the specified portions of the principal thereof in the case of Bonds to be redeemed in part only, together with interest accrued thereon to the redemption date, and that from and after such date interest thereon shall cease to accrue and be payable, (9) that the Bonds to be redeemed, whether as a whole or in part, are to surrendered for payment of the Redemption Price at the principal office of the Registrar at an address specified, and (10) the name and telephone number of a person designated by the Registrar to be responsible for such redemption. In addition to the mailing of the notice described above, each notice of redemption and payment of the Redemption Price shall meet the following requirements; provided, however, the failure to provide such further notice of redemption or to comply with the terms of this paragraph shall not in any manner defeat the effectiveness of a call for redemption if notice thereof is given as prescribed above: (A) Each further notice of redemption shall be sent by certified mail or overnight delivery service or telecopy to all registered securities depositories then in the business of holding substantial amounts of obligations of types comprising the Bonds (such depositories now being The Depository Trust Company, New York, New York, Midwest Securities Trust Company, Chicago, Illinois and Philadelphia Depository Trust Company, Philadelphia, Pennsylvania) and to two or more national information services which disseminate notices of prepayment or redemption of obligations such as the Bonds (such information services now being called Financial Information, Inc.'s "Daily Called Bond Service," Jersey City, New Jersey, Kenny Information Servicers "Called Bond Service," New York, New York, Moody's "Municipal and Government," New York, New York and Standard'& Poor's "Called Bond Record," New York, New York). (B) Each further notice of redemption shall be sent to such other Person, if any, as shall be required by applicable law or regulation. 29 The notice of redemption described in this paragraph need not be given as described above if the Bonds called for redemption are registered pursuant to a book-entry-only system. The Issuer may proVide that a notice of redemption may be contingent upon the occurrence of certain condition(s) and that if such condition(s) do not occur, the notice will be rescinded; provided notice of rescission shall be mailed in the manner described above to all affected Bondholders not later than three business days prior to the date of redemption. SECTION 3.04. REDEMPTION OF PORTIONS OF BONDS. Any Bond which is to be redeemed only in part shall be surrendered at any place of payment specified in the notice of redemption (with due endorsement by, or written instrument of transfer in form satisfactory to the Registrar duly executed by, the Holder thereof or his attorney duly authorized in writing) and the Issuer shall execute and the Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds, of the same interest rate and maturity, and of any authorized denomination as requested by such Holder, in an aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bonds so surrendered. SECTION 3.05. PAYMENT OF REDEEMED BONDS. Notice of redemption having been given substantially as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the Redemption Price therein specified, and from and after such date (unless the Issuer shall default in the payment of the Redemption Price) such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Registrar and/or Paying Agent at the appropriate Redemption Price, plus accrued interest. All Bonds which have been redeemed shall be cancelled by the Registrar and shall not be reissued. 30 ARTICLE IV SECURITY, SPECIAL FUNDS AND APPLICATION THEREOF SECTION 4.01. BONDS NOT TO BE INDEBTEDNESS OF ISSUER. The Bonds shall not be or constitute general obligations or indebtedness of the Issuer as "bonds" within the meaning of any constitutional or statutory provision, but shall be special obligations of the Issuer, payable solely from and secured by a lien upon and pledge of the Pledged Funds in accordance with the terms of this Resolution. No Holder of any Bond or any Credit Bank or Insurer shall ever have the right to compel the exercise of any ad valorem taxing power to pay such Bond, or be entitled to payment of such Bond from any moneys of the Issuer except from the Pledged Funds in the manner provided herein. SECTION 4.02. SECURITY FOR BONDS. Except as otherwise provided herein, the payment of the principal of or Redemption Price, if applicable, and interest on the Bonds shall be secured forthwith equally and ratably by a pledge of and lien upon the Pledged Funds; provided', however, a Series of Bonds may be further secured by a Credit Facility or insurance policy of an Insurer in addition to the security provided herein; and provided further that a Series of Bonds may be secured independently of any other Series of Bonds by the establishment of a separate subaccount in the Reserve Account for such Series of Bonds. Issuers of a Reserve Account Insurance Policy and Reserve Account Letter of Credit shall be secured in accordance with the provisions hereof. The Issuer does hereby irrevocably pledge the Pledged Funds to the payment of the principal of or Redemption Price, if applicable, and interest on the Bonds in accordance with the provisions hereof. The Pledged Funds shall immediately be subject to the lien of this pledge without any physical delivery thereof or further act, and the lien of this pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise againstthe Issuer. Except as otherwise provided by Supplemental Resolution, the obligation of the Issuer to make Hedge Payments to a Counterparty pursuant to a Qualified Hedge Agreement shall be on parity with the Bonds as to lien on and pledge of the Pledged Funds in accordance with the terms hereof (any other payments related to a Qualified Hedge Agreement, including fees, penalties and termination payments and the obligation of the Issuer to collateralize, shall be Subordinated Indebtedness of the Issuer). SECTION 4.03. CONSTRUCTION FUND. The Issuer covenants and agrees to establish a special fund in a bank, trust company or other entity in the State of Florida, which is eligible under the laws of such State to receive funds of the Issuer, to be known as the "Collier County Gas Tax R¢¥enue Bonds Construction Fund," which shall be used only 31 for payment of the Cost of the Projects. Moneys in the Construction Fund, until applied in payment of any item of the Cost ora Project in the manner hereinafter provided, shall be held in trust by the Issuer and shall be subject to a lien and charge in favor of the Holders of the Bonds and for the further security of such Holders. There shall be paid into the Construction Fund the amounts required to be so paid by the provisions of this Resolution, and there may be paid into the Construction Fund, at the option of the Issuer, any moneys received for or in connection with a Project by the Issuer from any other source. The Issuer shall establish within the Construction Fund a separate account for each Project, the Cost of which is to be paid in whole or in part out of the Construction Fund. The "Series 2003 Account" of the Construction Fund is hereby established, from which Costs of the Initial Project shall be paid. The proceeds of insurance maintained pursuant to this Resolution against physical loss of or damage to a Project, or of contractors' performance bonds with respect thereto pertaining to the period of construction thereof, shall be deposited into the appropriate account of the Construction Fund. Any moneys received by the Issuer from the State or from the United States of America or any agencies thereof for the purpose of financing part of the Cost of a Project may be deposited into the appropriate account of the Construction Fund and used in the same manner as other Bond proceeds are used therein; provided that separate accounts or subaccounts may be established in the Construction Fund for moneys received pursuant to the provisions of this paragraph whenever required by Federal or State law. The Issuer covenants that the acquisition, construction and installation of each Project will be completed without delay and in accordance with sound engineering practices. The Issuer shall make disbursements or payments from the Construction Fund to pay the Cost of a Project upon the filing with 'the Clerk of documents and/or certificates signed by an Authorized Issuer Officer, stating with respect to each disbursement or payment to be made: (A) the item number of the payment, (B) the name.and address of the Person to whom payment is due, (C) the amount to be paid, (D) the Construction Fund account from which payment is to be made, (E) the purpose, by general classification, for which payment is to be made and that such purpose qualifies for payment from all of the Gas Taxes (or, in the alternative, an Authorized Issuer Officer states that payment of costs associated with such purpose will not violate the Act), and (F)that (1) each obligation, item of cost or expense mentioned therein has been properly incurred, is in payment of a part of the Cost of a Project and is a proper charge against the account of the Construction Fund from which payment is to be made and has not been the basis of any previous disbursement or payment, or (2) each obligation, item of cost or exp'ense mentioned therein has been paid by the Issuer, is a 32 reimbursement of a part of the Cost of a Project, is a proper charge against the account of the Construction Fund from which payment is to be made, has not been theretofore reimbursed to the Issuer or otherwise been the basis of any previous disbursement or payment and the Issuer is entitled to reimbursement thereof. The Clerk shall retain all such certificates of the Authorized Issuer Officers for such period of time as required by applicable law. The Clerk shall make available the documents and/or certificates at all reasonable times for inspection by any Holder of any of the Bonds or the agent or representative of any Holder of any of the Bonds. Notwithstanding any of the other provisions of this Section 4.03, to the extent that other moneys are not available therefor, amounts in an account of the Construction Fund with respect to any Series of Bonds shall be applied to the payment of principal and interest on such Series when due. The date of completion of acquisition and construction of a Project shall be determined by the Authorized Issuer Officer who shall certify such fact in writing to the Governing Body. Promptly after the date of the completion of a Project, and after paying or making provisions for the payment of all unpaid items of the Cost of such Project, the Issuer shall deposit in the following order of priority any balance of moneys remaining in the Construction Fund in (A) another account of the Construction Fund for which the Authorized Issuer Officer has stated that there are insufficient moneys present to pay the cost of the related Project, (B) the Reserve Account to the extent of a deficiency therein, and (C) such other fund or account established hereunder as shall be determined by the Governing Body, provided the Issuer has received an opinion of Bond Counsel to the effect that such transfer shall not adversely affect the exclusion, if any, of interest on the Bonds from gross income for purposes of federal income taxation. SECTION 4.04. FUNDS AND ACCOUNTS. The Issuer covenants and agrees to establish with one or more banks, trust companies or other entities in the State of Florida, which is eligible under the laws of such State to receive funds of the Issuer, special funds to be known as the "Collier County Gas Tax Revenue Bonds Revenue Fund", the "Collier County Gas Tax Revenue Bonds Debt Service Fund" and the "Collier County Gas Tax Revenue Bonds Rebate Fund." The Issuer shall maintain in the Revenue Fund two accounts: the "Restricted Revenue Account" and the "Unrestricted Revenue AcCount.'' The Issuer shall maintain in the Debt Service Fund four accounts: the "Interest Account," the "Principal Account," the "Bond Amortization Account," and the "Reserve Account." Moneys in the aforementioned funds and accounts, other than the Rebate Fund and the Unrestricted Revenue Account, until applied in accordance with the provisions hereof, shall be subject to a lien and charge in favor of the Holders of the Bonds and for the further security of such Holders. 33 The Issuer may at any time and from time to time appoint one or more depositories to hold, for the benefit of the Bondholders, any one or more of the funds, accounts and subaccounts established hereby. Such depository or depositories shall perform at the direction of the Issuer the duties of the Issuer in depositing, transferring and disbursing moneys to and from each of such funds and accounts as herein set forth, and all records of such depositary in performing such duties shall be open at all reasonable times to inspection by the Issuer and its agent and employees. Any such depositary shall be a bank or trust company duly authorized to exercise corporate trust powers and subject to examination by federal or state authority, of good standing, and be qualified under applicable State law as a depository. SECTION 4.05. DISPOSITION OF GAS TAX REVENUES. (A) The Issuer shall promptly deposit upon receipt from the State the Gas Taxes and any additional gas taxes pledged hereunder pursuant to Supplemental Resolution into the Restricted Revenue Account. The moneys in the Restricted Revenue Account shall be deposited or credited on or before the 25th day of each month, commencing in the month immediately following delivery of any of the Bonds to the purchasers thereof, or such later date as hereinafter provided, in the following manner and in the following order of priority: (1) Interest Account. The Issuer shall deposit or credit to the Interest Account the sum which, together with the balance in said Account, shall equal the interest on all Bonds Outstanding (except as to Capital Appreciation Bonds) accrued and unpaid and to accrue to the end of the then current calendar month. All Hedge Receipts shall be deposited directly to the Interest Account upon receipt. With respect to interest on Bonds which are subject to a Hedge Payment, interest on such Bonds during the term of the Qualified Hedge Agreement shall be deemed to include the corresponding Hedge Payments. Moneys in the Interest Account shall be applied by the Issuer (a) for deposit with the Paying Agents to pay the interest on the Bonds on or prior to the date the same shall become due and (b) for Hedge Payments. The Issuer shall adjust the amount of the deposit to the Interest Account not later than a month immediately preceding any Interest Date so as to provide sufficient moneys in the Interest Account to pay the interest on the Bonds coming due on such Interest Date. No further deposit need be made to the Interest Account when the moneys therein are equal to the interest coming due on the Outstanding Bonds on the next succeeding Interest Date. With respect to debt service on any Bonds which are subject'to a Qualified Hedge Agreement, any Hedge Payments due to the Counterparty to such Qualified Hedge Agreement relating to such Bonds shall be paid to the Counterparty to such Qualified Hedge Agreement on a parity basis with the aforesaid required payments into the Debt Service Fund. In computing the interest on Variable Rate Bonds which shall accrue during a calendar month, the interest .rate on such Variable Rate Bonds shall be assumed to be (A) if such Variable Rate Bonds have b'een Outstanding for at least 24 months prior to the 34 commencement of such calendar month, the highest average interest rate borne by such Variable Rate Bonds for any 30-day period, and (B) if such Variable Rate Bonds have not been Outstanding for at least 24 months prior to the date of calculation, the Bond Buyer Revenue Bond Index most recently published prior to the commencement of such calendar month. (2) Principal Account. Commencing no later than the month which is one year prior to the first principal due date, the Issuer shall next deposit into the Principal Account the sum which, together with the balance in said Account, shall equal the principal amounts on all Bonds Outstanding due and unpaid and that portion of the principal next due which would have accrued on such Bonds during the then current calendar month if such principal amounts were deemed to accrue monthly (assuming that a year consists of 12 equivalent calendar months having 30 days each) except for the Amortization Installments to be deposited pursuant to Section 4.05(A)(3) hereof in equal amounts from the next preceding principal payment due date, or, if there be no such preceding payment due date from a date one year preceding the due date of such principal amount. Moneys in the Principal Account shall be applied by the Issuer for deposit with the Paying Agents to pay the principal of the Bonds on or prior to the date the same shall mature, and for no other purpose. Serial Capital Appreciation Bonds shall be payable from the Principal Account in the years in which such Bonds mature and monthly payments into the Principal Account on account of such Bonds shall commence in the month of the respective Bond Years in which such Bonds mature. The Issuer shall adjust the amount of the deposit to the Principal Account not later than the month immediately preceding any principal payment date so as to provide sufficient moneys in the Principal Account to pay the principal on Bonds becoming due on such principal payment date. No further deposit need be made to the Principal Account when the moneys therein are equal to the principal coming due on the Outstanding Bonds on the next succeeding principal payment date. (3) Bond Amortization Account. Commencing in the month which is one year prior to the first Amortization Installment due date, there shall be deposited to the Bond Amortization Account the sum which, together with the balance in such Account, shall equal the Amortization Installments on all Bonds Outstanding due and unpaid and that portion of the Amortization Installments of all Bonds Outstanding next due which would have accrued on such Bonds during the then current calendar month if such Amortization Installments were deemed to accrue monthly (assuming that a year consists of 12 equivalent calendar months having 30 days each) in equal amounts from the next preceding Amortization Installment due date, or, if there is no such preceding Amortization Installment due date, from a date one year preceding the due date of such Amortization Installment. Moneys in the Bond Amortization Account shall be used to purchase or redeem Term Bonds in.the manner herein provided, and fo./no other purpose. The Issuer shall adjust the amount of the 35 deposit to the Bond Amortization Account on the month immediately preceding any Amortization Installment date so as to provide sufficient moneys in the Bond Amortization Account to pay the Amortization Installments becoming due on such date. Payments to the Bond Amortization Account shall be on parity with payments to the Principal Account. Amounts accumulated in the Bond Amortization Account with respect to any Amortization Installment (together with amounts accumulated in the Interest Account with respect to interest, if any, on the Term Bonds for which such Amortization Installment was established) may be applied by the Issuer, on or prior to the 60th day preceding the due date of such Amortization Installment, (a) to the purchase of Term Bonds of the Series and maturity for which such Amortization Installment was established, or (b) to the redemption at the applicable Redemption Prices of such Term Bonds, if then redeemable by their terms. Amounts in the Bond Amortization Account which are used to redeem Term Bonds shall be credited against the next succeeding Amortization Installment which shall become due on such Term Bonds. The applicable Redemption Price (or principal amount of maturing Term Bonds) of any Term Bonds so purchased or redeemed shall be deemed to constitute part of the Bond Amortization Account until such Amortization Installment date, for the purposes of calculating the amount of such Account. As soon as practicable after the 60th day preceding the due date of any such Amortization Installment, the Issuer shall proceed to call for redemption on such due date, by causing notice to be given as provided in Section 3.03 hereof, Term Bonds of the Series and maturity for which such Amortization Installment was established (except in the case of Term Bonds maturing on a Amortization Installment date) in such amount as shall be necessary to complete the retirement of the unsatisfied balance of such Amortization Installment. The Issuer shall pay out of the Bond Amortization Account and the Interest Account to the appropriate Paying Agents, on or before the day preceding such redemption date (or maturity date), the amount required for the redemption (or for the payment of such Term Bonds then maturing), and such amount shall be applied by such Paying Agents to such redemption (or payment). All expenses in connection with the purchase or redemption of Term Bonds shall be paid by the Issuer from the Restricted Revenue Account. (4) Reserve Account. There shall be deposited to the Reserve Account an amount which would enable the Issuer to restore the funds on deposit in the Reserve Account to an amount equal to the Reserve Account Requirement applicable thereto. All deficiencies in the Reserve Account must be made up no later than 12 months from the date such deficiency first occurred, whether such shortfall was caused by decreased market value or withdrawal (whether from cash or a Reserve Account Insurance Policy or Reserve Account Letter of Credit). On or prior to each principal payment date and Interest Date for the Bonds (in no event earlier than the 25th day of the month next preceding such payment date), moneys in the Reserve AccoUnt shall be ~/pplied by the Issuer to the payment of the principal of or 36 Redemption Price, if applicable, and interest on the Bonds to the extent moneys in the Interest Account, the Principal Account and the Bond Amortization Account shall be insufficient for such purpose. Whenever there shall be surplus moneys in the Reserve Account by reason of a decrease in the Reserve Account Requirement or as a result of a deposit in the Reserve Account of a Reserve Account Letter of Credit or a Reserve Account Insurance Policy, such surplus moneys, to the extent practicable, shall be deposited by the Issuer into the Unrestricted Revenue Account. The Issuer shall promptly inform each Insurer of any draw upon the Reserve Account for purposes of paying the principal of and interest on the Bonds. Upon the issuance of any Series of Bonds under the terms, limitations and conditions as herein provided, the Issuer shall fund the Reserve Account in an amount at least equal to the Reserve Account Requirement. Such required amount, if any, shall be paid in full or in part from the proceeds of such Series of Bonds or may be accumulated in equal monthly payments to the Reserve Account over a peri6d of months from the date of issuance of such Series of Bonds, which shall not exceed 36 months. In the event moneys in the Reserve Account are accumulated as provided above, (a) the amount in said Reserve Account on the date of delivery of the Additional Bonds shall not be less than the Reserve Account Requirement on all Bonds Outstanding (excluding the Additional Bonds) on such date, and (b) the incremental difference between the Reserve Account Requirement on all Bonds Outstanding (excluding the Additional Bonds) on the date of delivery of the Additional Bonds and the Reserve Account Requirement on all such Bonds and the Additional Bonds shall be 50% funded upon delivery of the Additional Bonds. Notwithstanding the foregoing provisions, in lieu of or in substitution of the required deposits into the Reserve Account, the Issuer may cause to be deposited into the Reserve Account a Reserve Account Insurance Policy and/or Reserve Account Letter of Credit for the benefit of the Bondholders in an amount equal to the difference between the Reserve Account Requirement applicable thereto and the sums then on deposit in the Reserve Account, if any. The Issuer may also substitute a Reserve Account InsUrance Policy and/or Reserve Account Letter of Credit for cash on deposit in the Reserve Account upon compliance with the terms of this Section 4.05(A)(4). Such Reserve Account Insurance Policy and/or Reserve Account Letter of Credit shall be payable to the Paying Agent (upon the giving of notice as required thereunder) on any Interest Date or redemption date on which a deficiency exists which cannot be cured by moneys in any other fund or account held pursuant to this Resolution and available for such purpose. The Issuer providing such Reserve Account Insurance Policy and/or Reserve Account Letter of Credit shall be either (a) an insurer whose municipal bond insurance policies insuring the payment, when due, or the principal of and interest on municipal bond issues results in such issues being rated in one of the two highest rating catego~?ies (without regard to gradations, such as "plus" or "minus" 37 of such categories) by two of the Rating Agencies, or (b) a commercial bank, insurance company or other financial institution which has been assigned a rating by two of the Rating Agencies in one of the two highest rating categories (without regard to gradations, such as "plus" or "minus" of such categories). Any Reserve Account Insurance Policy and/or Reserve Account Letter of Credit shall equally secure all Bonds except to the extent a Series of Bonds is secured by a subaccount in the Reserve Account which is pledged solely for the payment of such Series of Bonds as provided in the last paragraph of this Section 4.05(A)(4). If two days prior to an interest or principal payment date, or such other period of time as shall be required by the terms of the Reserve Account Insurance Policy or Reserve Account Letter of Credit, the Issuer shall determine that a deficiency exists in the amount of moneys available to pay in accordance with the terms hereof interest and/or principal due on the Bonds on such date, the Issuer shall immediately notify (a) the issuer of the applicable Reserve Account Insurance Policy and/or the issuer of the Reserve Account Letter of Credit and submit a demand for payment pursuant to the provisions of such Reserve Account Insurance Policy and/or the Reserve Account Letter of Credit, (b) the Paying Agent, and (c) the Insurer, if any, of the amount of such deficiency and the date on which such payment is due. In the event the Reserve Account contains both a Reserve Account Insurance Policy or Reserve Account Letter of Credit and cash and separate subaccounts have not been established in the Reserve Account, the cash shall be drawn down completely prior to any draw on the Reserve Account Insurance Policy or Reserve Account Letter of Credit. In the event more than one Reserve Account Insurance Policy or Reserve Account Letter of Credit is on deposit in the Reserve Account, amounts required to be drawn thereon shall be done on a pro-rata basis. The Issuer agrees to pay all amounts owing in regard to any Reserve Account Insurance Policy or Reserve Account Letter of Credit from the Pledged Funds. Pledged Funds shall be applied in accordance with this Section 4.05(A)(4), first, to reimburse the issuer of the Reserve Account Insurance Policy or Reserve Account Letter of Credit for amounts advanced under such instruments, second, replenish any cash deficiencies in the Reserve Account, and, third, to pay the issuer of the Reserve Account Insurance Policy or Reserve Account Letter of Creditinterest on amounts advanced under such instruments. This Resolution shall not be discharged or defeased while any obligations are owing in regard to a Reserve Account Insurance Policy or Reserve Account Letter of. Credit on deposit in the Reserve Account. The Issuer agrees not to optionally redeem Bonds unless all amounts owing in regard to a Reserve Account Insurance Policy or Reserve Account Letter of Credit on deposit in the Reserve Account have been paid in full. The Issuer may evidence its obligation to reimburse the issuer of any Reserve Account Letter of Credit or'Reserve Ae~ount Insurance Policy by executing and delivering to such 38 issuer a promissory note therefor; provided, however, any such note (a) shall not be a general obligation of the Issuer the payment of which is secured by the full faith and credit or taxing power of the Issuer, and (b) shall be payable solely from the Pledged Funds in the manner provided herein. Any consent or approval of any Insurer described in this Section 4.05(A)(4) shall be required only so long as there are Outstanding Bonds secured by a Bond Insurance Policy issued by such Insurer which is in full force and effect and the commitments of which have been honored by such Insurer. The term "Paying Agent" as used in this Section 4.05(A)(4) may include one or more Paying Agents for the Outstanding Bonds. Whenever the amount of cash in the Reserve Account, together with the other amounts in the Debt Service Fund, are sufficient to fully pay all Outstanding Bonds in accordance with their terms (including principal or applicable Redemption Price and interest thereon), the funds on deposit in the Reserve Account may be transferred to the other Accounts of the Debt Service Fund for the payment of the Bonds. The Issuer may also establish a separate subaccount in the Reserve Account for any Series of Bonds and provide a pledge of such subaccount to the payment of such Series of Bonds apart from the pledge provided herein. To the extent a Series of Bonds is secured separately by a subaccount of the Reserve Account, the Holders of such Bonds shall not be secured by any other moneys in the Reserve Account. Moneys in a separate subaccount of the Reserve Account shall be maintained at the Reserve Account Requirement applicable to such Series of Bonds secured by the subaccount; provided the Supplemental Resolution authorizing such Series of Bonds may establish the Reserve Account Requirement relating to such separate subaccount of the Reserve Account at such level as the Issuer deems appropriate. Moneys shall be deposited in the separate subaccounts in the Reserve Account on a pro-rata basis. In the event the Issuer shall maintain a Reserve Account Insurance Policy or Reserve Account Letter of Credit and moneys in such subaccount, the moneys shall be used prior to making any disbursements under such Reserve Account .insurance Policy or Reserve Account Letter of Credit. (5) Unrestricted Revenue Account. The balance of any moneys after the deposits required by Sections 4.05(A)(1) through 4.05(A)(4) hereof may' be transferred, at the discretion of the Issuer, to the Unrestricted Revenue Account or any other appropriate fund or account of the Issuer and may be used for any lawful purpose. (B) Whenever moneys on deposit in the Debt Service Fund are sufficient to fully pay all Outstanding Bonds in accordance with their terms (including principal or applicable Redemption Price and interest thereon), no further deposits to the Debt Service Fund need 39 be made. If on any payment date the Gas Tax Revenues are insufficient to deposit the required amount in any of the funds or accounts or for any of the purposes provided above, the deficiency shall be made up on the subsequent payment dates. The Issuer, in its discretion, may use moneys in the Principal Account and the Interest Account to purchase or redeem Bonds coming due on the next principal payment date, provided such purchase or redemption does not adversely affect the Issuer's ability to pay the principal or interest coming due on such principal payment date on the Bonds not so purchased or redeemed. (C) In the event the Issuer shall issue a Series of Bonds secured by a Credit Facility, the Issuer may establish separate subaccounts in the Interest Account, the Principal Account and the Bond Amortization Account to provide for payment of the principal of and interest on such Series; provided payment from the Pledged Funds of one Series of Bonds shall not have preference over payment of any other Series of Bonds. The Issuer may also deposit moneys in such subaccounts at such other times and in such other amounts from those provided in Section 4.05(A) as shall be necessary to pay the principal of and interest on such Bonds as the same shall become due, all as provided by the Supplemental Resolution authorizing such Bonds. In the case of Bonds secured by a Credit Facility, amounts on deposit in the Debt Service Fund may be applied as provided in the applicable Supplemental Resolution to reimburse the Credit Bank for amounts drawn under such Credit Facility to pay the principal of, premium, if any, and interest on such Bonds or to pay the purchase price of any such Bonds which are tendered by the holders thereof for payment; provided such Credit Facility shall have no priority over Bondholders or an Insurer to amounts on deposit in the Debt Service Fund. Other payments due to a Credit Bank in relation to obligations arising under its Credit Facility may be on parity with the Bonds as to source of and security for payment to the extent provided in the Supplemental Resolution relating thereto. SECTION 4.06. REBATE FUND. Amounts on deposit in the Rebate Fund shall be held in trust by the Issuer and used solely to make required rebates to the United States (except to the extent the same may be transferred to the Issuer) and the Bondholders shall have no right to have the same applied for debt service on the Bonds. For any Series of Bonds for which the rebate requirements of Section 148(f) of the Code are applicable, the Issuer agrees to undertake all actions required of it in its arbitrage certificate related to such Series of Bonds, including, but not limited to: (A) making a determination in accordance with the Code of the amount required to be deposited in the Rebate F. und; 40 (B) depositing the amount determined in clause (A) above into the Rebate Fund; (C) paying on the dates and in the manner required by the Code to the United States Treasury from the Rebate Fund and any other legally available moneys of the Issuer such amounts as shall be required by the Code to be rebated to the United States Treasury; and (D) keeping such records of the determinations made pursuant to this Section 4.06 as shall be required by the Code, as well as evidence of the fair market value of any investments purchased with proceeds of the Bonds. The provisions of the above-described arbitrage certificate may be amended without the consent of any Holder, Credit Bank or Insurer from time to time as shall be necessary, in the opinion of Bond Counsel, to comply with the provisions of the Code. SECTION 4.07. INVESTMENTS. Moneys on deposit in the Construction Fund, the Restricted Revenue Account and the Debt Service Fund shall be continuously secured in the manner by which the deposit of public funds are authorized to be secured by the laws of the State. Moneys on dePOsit in the Construction Fund, the Restricted Revenue Account and the Debt Service Fund, other than the Reserve Account, may be invested and reinvested in Authorized Investments maturing not later than the date on which the moneys therein will be needed for the purposes of such fund or account. Moneys on deposit in the Reserve Account may be invested or reinvested in Authorized Investments which shall mature no later than years from the date of investment. All investments shall be valued at cost; provided, that the amounts on deposit in the Reserve Account shall be valued at the market price thereof. Investments in the Reserve Account shall be valued by the Issuer on an amount basis of March 1 of each year. Any and all income received by the Issuer from the investment of moneys in each account of the Construction Fund, the Interest Account, the Restricted Revenue Account and the Reserve Account (to the extent such income and the other amounts in the Reserve Account does not exceed the Reserve Account Requirement applicable thereto), shall be retained in such respective Fund or Account. Any and all income received by the Issuer from the investment of moneys in the Reserve Account (only to the extent such income and other amounts in the Reserve Account exceeds the Reserve Account ReqUirement), the Principal Account and the Bond Amortization Account shall be deposited in the Interest Account. Nothing contained in this ResolUtion shall 'prevent any Authorized Investments acquired as investments of or security for funds held under this Resolution from being issued or held in book-entry form on the books of the Department of the Treasury of the United States. SECTION4.08. SEPARATE ACCOUNTS. The moneys required to be accounted for in each of the foregoing funds, accounts and subaccounts established herein may be deposited in a single, non- exclusive bank account, and funds allocated to the various funds, accounts and subaccounts established herein may be invested in a common investment pool, provided that adequate accounting records are maintained to reflect and control the restricted allocation of the moneys on deposit therein and such investments for the various purposes of such funds, accounts and subaccounts as herein provided. The designation and establishment of the various funds, accounts and subaccounts in and by this Resolution shall not be construed to requ/re the establishment of any completely independent, self-balancing funds as such term is commonly defined and used in governmental accounting, but rather is intended solely to constitute an earmarking of certain revenues for certain purposes and to establish certain priorities for application of such revenues as herein provided. 42 ARTICLE V SUBORDINATED INDEBTEDNESS, ADDITIONAL BONDS, AND COVENANTS OF ISSUER SECTION 5.01. SUBORDINATED INDEBTEDNESS. The Issuer will not issue any other obligations, except under the conditions and in the manner provided herein, payable from the Pledged Funds (or any portion thereof) or voluntarily create or cause to be created any debt, lien, pledge, assignment, encumbrance or other charge having priority to or being on a parity with the lien thereon in favor of the Bonds and the interest thereon. The Issuer may at any time or from time to time issue evidences of indebtedness payable in whole or in part out of the Pledged Funds and which may be secured by a pledge of such Pledged Funds; provided, however, that such pledge shall be, and shall be expressed to be, subordinated in all respects to the pledge of the Pledged Funds created by this Resolution. The Issuer shall have the right to covenant with the holders from time to time of any Subordinated Indebtedness to add to the conditions, limitations and restrictions under which any Additional Bonds may be issued pursuant to Section 5.02 hereof. The Issuer agrees to pay promptly any Subordinated Indebtedness as the same shall become due. SECTION 5.02. ISSUANCE OF ADDITIONAL BONDS. No Additional Bonds, payable on a parity with the Bonds then Outstanding pursuant to this Resolution, shall be issued except upon the conditions and in the manner herein provided. The Issuer may issue one or more Series of Additional Bonds for any one or more of the following purposes: (i) financing the Cost of a Project, or the completion thereof, or (ii) refunding any or all Outstanding Bonds or of any Subordinated Indebtedness of the Issuer. No such Additional Bonds shall be issued unless the follOwing conditions are complied with: (A) Except as otherwise provided in Section 5.02(G) hereof, there shall have been obtained and filed with the Issuer a statement of an Authorized Issuer Officer: (1) stating that the books and records of the Issuer relating to the Gas Tax ~evenues and Investment Earnings have been examined by him; (2) setting forth the amount &the Gas Tax Revenues and Investments Earnings which have been received by the Issuer during any 12 consecutive months designated by the Issuer within the 24 months immediately preceding the date of delivery of such Additional Bonds with respect to which such statement is made; and (3) stating that the amount of the Gas Tax Revenues and Investment Earnings received during the aforementioned 12 month period equals at least 1.35 times the Maximum Annual Debt 43 Service on all Bonds then Outstanding and such Additional Bonds with respect to which such statement is made. (B) In the event the Issuer, by Supplemental Resolution, extends the pledge of the Gas Tax Revenues created pursuant to this Resolution to include additional gas tax and such additional gas tax was not in effect during all or a portion of the applicable 12 consecutive month period described in Section 5.02(A) hereof, then for the purposes of determining whether there are sufficient Gas Tax Revenues to meet the coverage test specified in Section 5.02(A) hereof, the Authorized Issuer Officer shall adjust the amount of Gas Tax Revenues which were received during the applicable 12 consecutive month period to take into account the additional amount of Gas Tax Revenues such additional gas tax would have generated if it had been in effect for the entire 12 consecutive month period; provided, however, that such adjustment shall only be made if the additional gas tax is in effect on the date the statement of the Authorized Issuer Officer referred to in Section 5.02(A) hereof is made and such additional gas tax will remain in effect at least until the final maturity of the Bonds Outstanding at the time of issuance of the Additional Bonds. (C) In the event the Issuer shall enter into any agreement relating to, or any amendment of, the Interlocal Agreements adjusting the Issuer's proportionate share of Gas Tax Revenues and such new proportionate share of Gas Tax Revenues was not in effect during all or a portion of the applicable 12 consecutive month period described in Section 5.02(A) hereof, then for the purpose of determining whether there are sufficient Gas Tax Revenues to meet the coverage test specified in Section 5.02(A) hereof, the Authorized Issuer Officer shall adjust the amount of Gas Tax Revenues which were received during the applicable 12 consecutive month period to reflect the amount of Gas Tax Revenues the Issuer would have received over such 12 consecutive month period had the Issuer's share of Gas Tax Revenues been distributed based on its new proportionate share. (D) For the purpose of determining the Debt Service under this Section 5.02, the interest rate on additional parity Variable Rate Bonds then proposed to be issued shall be deemed to be the Bond Buyer Revenue Bond Index most recently published prior to the sale of such Additional Bonds. (E) For the purpose of determining the Debt Service under this Section 5.02, the interest rate on Outstanding Variable Rate Bonds shall be deemed to be (i) if such Variable Rate Bonds have been Outstanding for at least 24 months prior to the date of sale of such Additional Bonds, the highest average interest rate borne by such Variable Rate Bonds for any 3 O-day period, or (2) if such Variable Rate Bonds have not been Outstanding for at least 24 months prior to the date of sale of such Additional Bonds, the Bond Buyer Revenue Bond Index most recentlY published .prior to the sale of such Additional Bonds. 44 (F) Additional Bonds shall be deemed to have been issued pursuant to this Resolution the same as the Outstanding Bonds, and all other covenants and other provisions of this Resolution (except as to details of such Additional Bonds inconsistent therewith) shall be for the equal benefit, protection and securing of the Holders of all Bonds issued pursuant to this Resolution. Except as provided in Sections 4.02 and 4.05 hereof, all Bonds regardless of the time or times of their issuance, shall rank equally with respect to their lien on the Pledged Funds and their sources and security for payment therefrom without preference of any Bonds over any other. (G) In the event any Additional Bonds are issued for the purpose of refunding any Bonds then Outstanding, the conditions of this Section 5.02 hereof shall not apply, provided that the issuance of such Additional Bonds shall result in a reduction of aggregate debt service. The conditions of Section 5.02(A) hereof shall apply to Additional Bonds issued to refund Subordinated Indebtedness and to Additional Bonds issued for refunding purposes which cannot meet the conditions of this paragraph. SE CTION 5.03. BOND ANTICIPATION NOTES. The Issuermay issue notes in anticipation of the issuance of Bonds which shall have such terms and details and be secured in such manner, not inconsistent with this Resolution, as shall be provided by resolution of the Issuer. SECTION 5.04. ACCESSION OF SUBORDINATED INDEBTEDNESS TO PARITY STATUS WITH BONDS. The Issuer may provide for the accession of Subordinated Indebtedness to the status of complete parity with the Bonds, if (A) the Issuer shall meet all the requirements imposed upon the issuance of Additional Bonds by Section 5.02 hereof, assuming, for purposes of said requirements, that such Subordinated Indebtedness shall be Additional Bonds, and (B) the Reserve Account, upon such accession, shall contain an amount equal to the Reserve Account Requirement in accordance with Section 4.05(A)(4) hereof. If the aforementioned conditions are satisfied, the Subordinated Indebtedness shall be deemed to have been issued pursuant to this Resolution the same as the Outstanding Bonds, and such Subordinated Indebtedness shall be considered Bonds for all purposes provided in this Resolution. SECTION 5.05. BOOKS AND RECORDS. The Issuer will keep books and records of the receipt of the Gas Tax Revenues in accordance with generally accepted accounting principles, and any Credit Bank, Insurer, .or Holder or Holders of Bonds shall have the right at all reasonable times to inspect the records, accounts and data of the Issuer relating thereto. 45 SE CTION 5.06. ANNUAL AUDIT. The Issuer shall, immediately after the close of each Fiscal Year, cause the financial statements of the Issuer to be properly audited by a recognized independent certified public accountant or recognized independent fn'm of certified public accountants, and shall require such accountants to complete their report on the annual financial statements in accordance with applicable law. The annual f'mancial statement shall be prepared in conformity with generally accepted accounting principles consistently applied. A copy of the audited financial statements for each Fiscal Year shall be furnished to each Credit Bank or Insurer. The Issuer shall be permitted to make a reasonable charge for furnishing such audited financial statements. SECTION 5.07. NO IMPAIRMENT. The pledging of the Pledged Funds in the manner provided herein shall not be subject to repeal, modification or impairment by any subsequent ordinance, resolution or other proceedings of the Governing Body, except as otherwise provided herein. SECTION S.08. COLLECTION OF GAS TAX REVENUES. The Issuer covenants to do all things necessary on its part to maintain its eligibility to receive the full amount of Gas Tax Revenues which are required by the Act. The Issuer will proceed diligently to perform legally and effectively all steps required on its part in the levy and collection of Gas Tax Revenues and shall exercise all legally available remedies to enforce such collections now or hereafter available under State law. SECTION 5.09. COVENANTS WITH CREDIT BANKS AND INSURERS. The Issuer may make such covenants as it may, in its sole discretion, determine to be appropriate with any Insurer, Credit Bank or other financial institution that shall agree to insure or to provide for Bonds of any one or more Series credit or liquidity support that shall enhance the security or the value of such Bonds. Such covenants may be set forth in the applicable Supplemental Resolution and shall be binding on the Issuer, the Registrar, the Paying Agent and all the Holders of Bonds the same as if such covenants were set forth in full in this Resolution, provided such covenants shall not diminish the security for any of the Bonds Outstanding. SECTIONS.10. FEDERAL INCOME TAX COVENANTS; TAXABLE BONDS. The Issuer covenants with the Holders of each Series of Bonds (other than Taxable Bonds), that it shall not use the proceeds of such Series of Bonds in any manner which would cause the interest on such Series of Bonds to be or become includable in gross income for purposes of federal income taxation. The Issuer covenants with the Holders of each Series of Bonds (other than Taxable Bonds) that neither the Issuer m3r any Person under its control or direction will make any use of the proceeds of such Series of Bonds (or amounts deemed to be proceeds under the Code) in any manner which would cause such Series of Bonds to be "arbitrage bonds" within the meaning of the Code and neither the Issuer nor any other Person shall do any act Or fail to do any act which would cause the interest on such Series of Bonds to become includable in gross income for purposes of federal income taxation. The Issuer hereby covenants with the Holders of each Series of Bonds (other than Taxable Bonds) that it will comply with all, provisions of the Code necessary to maintain the exclusion of interest on the Bonds from gross income for purposes of federal income taxation, including, in particular, the payment of any amount required to be rebated to the U.S. Treasury pursuant to the Code. The Issuer may, if it so elects, issue one or more Series of Taxable Bonds the interest on which is (or may be) includable in the gross income of the Holder thereof for federal income taxation purposes, so long as each Bond of such Series states in the body thereof that interest payable thereon is (or may be) subject to federal income taxation and provided that the issuance thereof will not cause the interest on any other Bonds theretofore issued hereunder to be or become subject to federal income taxation. The covenants set forth in this Section 5.10 shall not apply to any Taxable Bonds. 47 ARTICLE VI DEFAULTS AND REMEDIES SECTION 6.01. EVENTS OF DEFAULT. The following events shall each constitute an "Event of Default": (A) Default shall be made in the payment of the principal of Amortization Installment, redemption premium or interest on any Bond when due. In determining whether a payment default has occurred, no effect shall be given to payment made under a Bond Insurance Policy. (B) There shall occur the dissolution or liquidation of the Issuer, or the filing by the Issuer of a voluntary petition in bankruptcy, or the commission by the Issuer of any act of bankruptcy, or adjudication of the Issuer as a bankrupt, or assignment by the Issuer for the benefit of its creditors, or appointment of a receiver for the Issuer, or the entry by the Issuer into an agreement of composition with its creditors, or the approval by a court of competent jurisdiction of a petition applicable to the Issuer in any proceeding for its reorganization instituted under the provisions of the Federal Bankruptcy Act, as amended, or under any similar act in any jurisdiction which may now be in effect or hereafter enacted. (C) The Issuer shall default in the due and punctual performance of any other of the covenants, conditions, agreements and provisions contained in the Bonds or.in this Resolution on the part of the Issuer to be performed, and such default shall continue for a period of 90 days after written notice of such default shall have been received from the Holders of not less than 25% of the aggregate principal amount of Bonds Outstanding. Notwithstanding the foregoing, the Issuer shall not be deemed to be in default hereunder if such default can be cured within a reasonable period of time and if the Issuer in good faith institutes appropriate curative action and diligently pursues such action until defaulthas been corrected; provided, however, no such curative actionshall exceed 90 days without the prior written consent of the Insurers. SE CTION 6.02. REMEDIES. Any Holder of Bonds issued under the provisions of this Resolution or any trustee or receiver acting for such Bondholders may either at law or in equity, by suit, action, mandamus or other proceedings in any court of competent jurisdiction, protect and enforce any and all rights under the Laws of the State of Florida, or granted and contained in this Resolution, and may enforce and compel the performance of all duties required by this Resolution or by any applicable statutes to be performed by. the Issuer or by any officer thereol~'provided, however, that no Holder, trustee or receiver Shall have the right to declare the Bonds immediately due and payable without the consent of any affected Insurers. The Holder or Holders of Bonds in an aggregate principal amount of not less than 25% of the Bonds then Outstanding may by a duly executed certificate in writing appoint a trustee for Holders of Bonds issued pursuant to this Resolution with authority to represent such Bondholders in any legal proceedings for the enforcement and protection of the rights of such B ondho Iders and such certificate shall be executed by such Bondholders or their duly authorized attorneys or representatives, and shall be filed in the office of the Clerk. Notice of such appointment, together with evidence of the requisite signatures of the Holders of not less than 25% in aggregate principal amount of Bonds Outstanding and the trust instrument under which the trustee shall have agreed to serve shall be filed with the Issuer and the trustee and notice of such appointment shall be given to all Holders of Bonds in the same manner as notices of redemption are given hereunder. After the appointment of the first trustee hereunder, no further trustees may be appointed; however, the Holders of a majority in aggregate principal amount of all the Bonds then Outstanding may remove the trustee initially appointed and appoint a successor and subsequent successors at any time. SECTION 6.03. DIRECTIONS TO TRUSTEE AS TO REMEDIAL PROCEEDINGS. The Holders of a majority in principal amount of the Bonds then Outstanding (or any Insurer insuring any then Outstanding Bonds) have the right, by an instrument or concurrent instruments in writing executed and delivered to the trustee, to direct the method and place of conducting all remedial proceedings to be taken by the trustee hereunder, provided that such direction shall not be otherwise than in accordance with law or the provisions hereof, and that the trustee shall have the fight to decline to follow any such direction which in the opinion of the trustee would be unjustly prejudicial to Holders of Bonds not parties to such direction. SECTION 6.04. REMEDIES CUMULATIVE.' No remedy herein conferred upon or reserved to the Bondholders is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative, and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. SECTION 6.05. WAIVER OF DEFAULT. No delay or omission of any Bondholder to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver Of any such default, or an acquiescence therein; and every power and remedy given by Section 6.02 to the Bondholders may be exercised from time to time, and as often as may be deemed expedient. No Event of Default 49 may be waived without the consent of each Insurer, which has honored all its obligations under its Bond Insurance Policy. SECTION 6.06. APPLICATION OF MONEYS AFTER DEFAULT. If an Event of Default shall happen and shall not have been remedied, the Issuer or a trustee or receiver appointed for the purpose shall apply all Pledged Funds (except as for amounts in the subaccounts, if any, of the Reserve Account which shall be applied to the payment of the Series of Bonds for which they were established) as follows and in the following order: A. To the payment of the reasonable and proper charges, expenses and liabilities of the trustee or receiver, Registrar and Paying Agent hereunder; and B. To the payment of the interest and principal or Redemption Price, if applicable, then due on the Bonds (provided such payments are made in accordance with applicable law), as follows; (1) Unless the principal of all the Bonds shall have become due and payable, all such moneys shall be applied: FIRST: to the payment to the Persons entitled thereto of all installments of interest then due, in the order of the maturity of such installments, and, if'the amount available shall not be sufficient to pay in full any particular installment, then to the payment ratably, according to the amounts due on such installment, to the Persons entitled thereto, without any discrimination or preference; SECOND: to the payment to the Persons entitled thereto of the unpaid principal of any of the Bonds which shall have become due at maturity or upon mandatory redemption prior to maturity (other than Bonds called for redemption for the payment of which moneys are held pursuant to the provisions of Section 8.01 of this Resolution), in the order of their due dates, with interest upon such Bonds from the respective dates upon which they became due, and, if the amount available shall not be sufficient to pay in full Bonds due on any particular date, together with such interest, then to the payment first of such interest, ratably according to the amount of such interest due on such date, and then to the payment of such principal, ratably according to the amount of such principal due on such date, to the Persons entitled thereto without any discrimination or preference; and THIRD: to the payment of the Redemption Price of any Bonds called for optional redemption pursuant to the provisions of this Resolution. 50 (2) If the principal of all the Bonds shall have become due and payable, all such moneys shall be applied to the payment of the principal and interest then due and unpaid upon the Bonds, with interest thereon as aforesaid, without preference or priority of principal over interest or of interest over principal, or of any installment of interest over any other installment of interest, or o fany Bond over any other Bond, ratably, according to the amounts due respectively for principal and interest, to the Persons entitled thereto without any discrimination or preference. above. To the payment of all amounts owed to the Insurers not covered by A or B SECTION 6.07. CONTROL BY INSURER. To the extent an Insurer makes any payment of principal of or interest on Bonds in accordance with its Bond Insurance Policy, such Insurer shall become subrogated to the rights of the recipients of such payments in accordance with the terms of its Bond Insurance Policy. Upon the occurrence and continuance of an Event of Default, an Insurer of a Series of Bonds, if such Insurer shall not be in payment default under its Bond Insurance Policy, shall be deemed to be the sole owner of such Bonds for purposes of(A) directing and controlling the enforcement of all rights and remedies with respect to such Series of Bonds, including any waiver of an Event of Default and removal of any trustee, and 03) exercising any voting right or privilege or giving any consent or direction or taking any other action that the Holders of such Bonds are entitled to take pursuant to this Article VI hereof. No provision expressly recognizing or granting rights in or to an Insurer shall be modified without the consent of such Insurer. An Insurer's rights under this Section 6.07 shall be suspended during any period in which such Insurer is in default in its payment obligations under its Bond Insurance Policy (except to the extent of amounts previously paid by such Insurer and due and owing to such Insurer) and shall be of no force or effect if its Bond Insurance Policy is no longer in effect or if the Insurer asserts that its Bond Insurance Policy is not in effect or if the Insurer waives such rights in writing. The rights granted to an Insurer under this Section 6.07 are granted in consideration of such Insurer issuing its Bond Insurance Policy. The Issuer shall provide each 'Insurer immediate notice of any Event of Default described in Section 6.01 (A) hereof and notice of any other Event of Default occurring hereunder within five days of the occurrence thereof. Each Insurer of any Bonds hereunder shall be considered a third-party beneficiary to the Resolution with respect to such Bonds. 51 ARTICLE VII SUPPLEMENTAL RESOLUTIONS SECTION 7.01. SUPPLEMENTAL RESOLUTION WITHOUT BONDHOLDERS' CONSENT. The Issuer, from time to time and at any time, may adopt such Supplemental Res olutions without the c OhS ent o f the Bondholders (which Supplemental Resolution shall thereafter form a part hereof) for any of the following purposes: (A) To cure any ambiguity or formal defect or omission or to correct any inconsistent provisions in this Resolution or to clarify any matters or questions arising hereunder. (B) To grant to or confer upon the Bondholders any additional rights, remedies, powers, authority or security that may lawfully be granted to or conferred upon the Bondholders. (C) To add to the conditions, limitations and restrictions on the issuance of Bonds under the provisions o f this Resolution other conditions, limitations and restrictions thereafter to be observed. (D) To add to the covenants and agreements of the Issuer in this Resolution other covenants and agreements thereafter to be observed by the Issuer or to surrender any right or power herein reserved to or conferred upon the Issuer. (E) To specify and determine the matters and things referred to in Sections 2.01, 2.02 or 2.09 hereof, including the issuance of Additional Bonds, and also any other matters and things relative to such Bonds which are not contrary to or inconsistent with this Resolution as theretofore in effect, or to amend, modify or rescind any.SUch authorization, specification or determination at any time prior to the first delivery of such Bonds. (F) To author/ze Additional Projects or to change or modify the description of the Initial Project or any Additional Project. (G) To specify and determine matters necessary or desirable for the issuance of Capital Appreciation Bonds or Variable Rate Bonds; 52 (H) To provide for the establishment of a separate subaccount or subaccounts in the Reserve Account which shall independently secure one or more Series of Bonds issued hereunder. (I) To revise the procedures provided in Section 4.05(A)(4) hereof pursuant to which moneys are drawn on a Reserve Account Insurance Policy or Reserve Account Letter of Credit and moneys are reimbursed to the provider of such Policy or Letter of Credit. (J) To add additional gas taxes to Gas Tax Revenues. (K) To make any other change that, in the opinion of the Issuer, would not materially adversely affect the security for the Bonds. In making such determination, the Issuer shall not take into consideration any Bond Insurance Policy. SECTION 7.02. SUPPLEMENTAL RESOLUTION WITH BONDHOLDERS' AND INSURER'S CONSENT. Subject to the terms and provisions contained in this Section 7.02 and Section 7.01 and 7.03 hereof, the Holder or Holders of not less than a majority in aggregate principal amount of the Bonds then Outstanding shall have the right, from time to time, anything contained in this Resolution to thc contrary notwithstanding, to consent to and approve thc adoption of such Supplemental Resolutions hereto as shall bc deemed necessary or desirable by the Issuer for the purpo~se of supplementing, modifying, altering, amending, adding to orrcscinding, in any particular, any of thc terms or provisions contained in this Resolution; provided', however, that if such modification or amendment will, by its terms, not take effect so long as any Bonds of any specified Series or maturity remain Outstanding, thc consent of thc Holders of such Bonds shall not be required and such Bonds shall not bc deemed to be Outstanding for the purpose of any calculation of Outstanding Bonds under this Section 7.02. Any Supplemental Resolution which is adopted in accordance with thc provisions of this Section 7.02 shall also require thc written consent of thc Insurer of any Bonds which arc Outstanding at the time such Supplemental Resolution shall take effect. No Supplemental Resolution may be approved or adopted which shall permit or require; without the consent of all affected Bondholders, (A) an extension of the maturity of the principal of or thc payment of the interest on any Bond issued hereunder, (B) reduction in thc principal amount of any Bond or the Redemption Price or the rate of interest thereon, (C) the creation of a lien upon or a pledge of the Pledged Funds other than the lien and pledge created by this Resolution or except as otherwise permitted or provided hereby which materially adversely affects any Bondholders, (D) a preference or priority of any Bond or Bonds over any other Bond or Bonds (except as to the establishment of separate subaccounts in thc Reserve Account provided in Section 4.05(A)(4) hereof), or (E) a reduction in the aggregate principal amount of the Bonds required for cotisent to such Supplemental Resolution. Nothing herein 53 contained, however, shall be construed as making necessary the approval by Bondholders or the Insurer o£ the adoption of any Supplemental Resolution as authorized in Section 7.01 hereof. If at any time the Issuer shall determine that it is necessary or desirable to adopt any Supplemental Resolution pursuant to this Section 7.02, the Clerk shall cause the Registrar to give notice of the proposed adoption of such Supplemental Resolution and the form of consent to such adoption to be mailed, postage prepaid, to all Bondholders at their addresses as they appear on the registration books. Such notice shall briefly set forth the nature of the proposed Supplemental Resolution and shall state that copies thereof are on file at the offices of the Clerk and the Registrar for inspection by all Bondholders. The Issuer shall not, however, be subject to any liability to any Bondholder by reason of its failure to cause the notice required by this Section 7.02 to be mailed and any such failure shall not affect the validity of such Supplemental Resolution when consented to and approved as provided in this Section 7.02. Whenever the Issuer shall deliver to the Clerk an instrument or instruments in writing purporting to be executed by the Holders of not less than a majority in aggregate principal amount of the Bonds then Outstanding, which instrument or instruments shall refer to the proposed Supplemental Resolution described in such notice and shall specifically consent to and approve the adoption thereof in substantially the form of the copy thereof referred to in such notice, thereupon, but not otherwise, the Issuer may adopt such Supplemental Resolution in substantially such form, without liability or responsibility to any Holder of any Bond, whether or not such Holder shall have consented thereto. If the Holders of not less than a majority in aggregate principal amount of the Bonds Outstanding at the time of the adoption of such Supplemental Resolution shall have consented to and approved the adoption thereof as herein provided, no Holder of any Bond shall have any right to object to the adoption of such Supplemental Resolution, or to object to any of the terms and provisions contained therein or the operation' thereof, or in any manner to question the propriety of the adoption thereof, or to enjoin or restrain the Issuer from adopting the same or from taking any action pursuant to the provisions thereof. Upon the adoption of any Supplemental Resolution pursuant to the provisions of this Section 7.02, this Resolution shall be deemed to be modified and amended in accordance therewith, and the respective rights, duties and obligations under this Resolution of the Issuer and all Holders of Bonds then Outstanding shall thereafter be determined, exercised and enforced in all respects under the provisions of this Resolution as so modified and amended. 54 SE CTION 7.03. AMENDMENT WITH CONSENT OF INSURER ONLY. For purposes of amending this Resolution pursuant to Section 7.02 hereof, an Insurer of Bonds shall be considered the Holder of such Bonds which it has insured, provided such Bonds, at the time of the adoption of the amendment, shat! be rated by the Rating Agencies which shall have rated such Bonds at thc time such Bonds were insured no lower than the ratings assigned thereto by such P~ating Agencies on such date of being insured. The consent of the Holders of such Bonds shall not bc required if the Insurer of such Bonds shall consent to thc amendment as provided by this Section 7.03. At least 15 days prior to adoption of any amendment made pursuant to this Section 7.03, notice of such amendment shal! be delivered to the P~ating Agencies rating thc Bonds. Upon filing with the Clerk of evidence of such consent the Insurer or Insurers as aforesaid, thc Issuer may adopt such Supplemental P~csolution. After the adoption by thc Issuer of such Supplemental Resolution, notice thereof shall be mailed in thc same manner as notices of an amendment under Section 7.02 hereof. ARTICLE VIII MISCELLANEOUS SECTION 8.01. DEFEASANCE. If the Issuer shall pay or cause to be paid or there shall otherwise be paid to the Holders of any Series of Bonds the principal or Redemption Price, if applicable, and interest due or to become due thereon, at the times and in the manner stipulated therein and in this Resolution, and the Issuer shall pay all amounts owing to any issuer of a Reserve Account Letter of Credit or Reserve Account Insurance Policy and all amounts owing to any Insurer, then the pledge of the Pledged Funds, and all covenants, agreements and other obligations of the Issuer to the holders of such Bonds, shall thereupon cease, terminate and become void and be discharged and satisfied. In such event, the Paying Agents shah pay over or deliver to the Issuer all money or securities held by them pursuant to the Resolution which are not required for the payment or redemption of Bonds not theretofore surrendered for such payment or redemption. Any Bonds or interest installments appertaining thereto, whether at or prior to the maturity or redemption date of such Bonds, shall be deemed to have been paid within the meaning of this Section 8.01 if (A) in case any such Bonds are to be redeemed prior to the maturity thereof, there shall have been taken all action necessary to call such Bonds for redemption and notice of such redemption shall have been duly given or provision shall have been made for the giving of such notice, and (B) there shall have been deposited in irrevocable trust with a banking institution or trust company by or on behalf of the Issuer either moneys in an amount which shall be sufficient, or Refunding Securities verified by an independent certified public accountant to be in such amount that the principal of and the interest on which when due will provide moneys which, together with the moneys, if any, deposited with such banking institution or trust company at the same time shall be sufficient, to pay the principal of or Redemption Price, if applicable, and interest due and to become due on said Bonds on and prior to the redemption date or maturity date thereof, as the case may be. Except as hereafter provided, neither the Refunding Securities nor any moneys so deposited with such banking institution or trust company nor any moneys received by such bank or trust company on account of principal of or Redemption Price, if applicable, or interest on said Refunding Securities shall be withdrawn or used for any purpose other than, and all such moneys shall be held in trust for and be applied to, the payment, when due, of the principal of or Redemption Price, if applicable, of the Bonds for the payment or redemption of which they were deposited and the interest accruing thereon to the date of maturity or redemption; provided, however, the Issuer may substitute new Refunding Securities and moneys for the deposited Refunding Securities and moneys if the new 56 Refunding SecuritieS and moneys are sufficient to pay the principal of or Redemption Price, if applicable, and interest on the refunded Bonds. For purposes of determining whether Variable Rate Bonds shall be deemed to have been paid prior to the maturity or the redemption date thereof, as the case may be, by the deposit of moneys, or specified Refunding Securities and moneys, if any, in accordance with this Section 8.01, the interest to come due on such Variable Rate Bonds on or prior to the maturity or redemption date thereof, as the case may be, shall be calculated at the Maximum Interest Rate; provided, however, that if on any date, as a result of such Variable Rate Bonds having borne interest at less than the Maximum Interest Rate for any per/od, the total amount of moneys and specified Refunding Securities on deposit for the payment of interest on such Variable Rate Bonds is in excess of the total amount which would have been required to be deposited on such date in respect of such Variable Rate Bonds in order to satisfy this Section 8.01, such excess shall be paid to the Issuer free and dear of any trust, lien, pledge or assignment securing the Bonds or otherwise existing under this Resolution. In the event the Bonds for which moneys are to be deposited for the payment thereof in accordance with this Section 8.01 are not by their terms subject to redemption within the next succeeding 60 days, the Issuer shall cause the Registrar to mail a notice to the Holders of such Bonds that the deposit required by this Section 8.01 of moneys or Refunding Securities has been made and said Bonds are deemed to be paid in accordance with the provisions of this Section 8.01 and stating such maturity or redemption date upon which moneys are to be available for the payment of the principal oF or Redemption Price, if applicable, and interest on said Bonds. Failure to provide said notice shall not affect the Bonds being deemed to have been paid in accordance with the provisions of this Section 8.01. Nothing herein shall be deemed to require the Issuer to call any of the Outstanding Bonds for redemption prior to maturity pursuant to any applicable optional redemption provisions, or to impair the discretion of the Issuer in determining whether to exercise any such option for early redemption. In the event that the principal of or Redemption Price, if applicable, and interest due on the Bonds shall be paid by an Insurer or Insurers, such Bonds shall remain Outstanding, shall not be defeased and shall not be considered paid by the Issuer, and the pledge of the Pledged Funds and all covenants, agreements and other obhgations of the Issuer to the Bondholders shall continue to exist and such Insurer or Insurers shall be subrogated to the rights of such Bondholders. 57 SECTION 8.02. CAPITAL APPRECIATION BOND S. For the purposes of (A) receiving payment of the Redemption Price ifa Capital Appreciation Bond is redeemed prior to maturity, or (B) receiving.payment of a Capital Appreciation Bond if the principal of all Bonds becomes due and payable under the provisions of this Resolution, or (C) computing the amount of Bonds held by the Holder of a Capital Appreciation Bond in giving to the Issuer or any trustee or receiver appointed to represent the Bondholders any notice, consent, request or demand pursuant to this Resolution for any purpose whatsoever, the principal amount of a Capital Appreciation Bond shall be deemed to be its Accreted Value. SECTION 8.03. SALE OF BONDS. The Bonds shall be issued and sold at public or private sale at one time or in installments from t/me to time and at such price or prices as shall be consistent with the provisions of the Act, the requirements of this Resolution and other applicable provisions of law. SECTION 8.04. SEVERABILITY OF INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions of this Resolution shall be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements and provisions of this Resolution and shall in no way affect the validity of any of the other covenants, agreements or provisions hereof or of the Bonds issued hereunder. SECTION 8.05. VALIDATION AUTHORIZED. To the extent deemed' necessary by Bond Counsel or desirable bythe County Attorney, Bond Counsel is authorized to institute appropriate proceedings for validation of the Bonds herein authorized pursuant to Chapter 75, Florida Statutes. SECTION8.06. REPEAL OF INCONSISTENT RESOLUTIONS. All ordinances, resolutions or parts thereof in conflict herewith are hereby superseded and repealed to the extent of such conflict. 58 SECTION 8.07. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. DULY ADOPTED, in Regular Session this 1 lth day of February, 2003. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (SEAL) Chairman ATTEST: Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: County Attorney 59 EXHIBIT A DESCRIPTION OF INITIAL PROJECT A-1 Collier County, Florida Road Project List Collier Blvd (Davis to US4 I) Goodlette Frk (PRR-GGPKWY) Immokalee Rd, CR951/43rd Ave NE GG PKWY, 6 lane Airport/Santa Bar East/West Livingston Rd, US41/Livingston Livingston Rd, GGP/PRR County Barn Road Pine Ridge Road Goodlette Rd, 4 lane PRR/Vanderbilt Imm Rd/Oil Well to SR29 Logan Blvd PRR-Immk Livingston RdExtension VBR (Collier-Wilson Blvd Rattlesnake Polly to CR951 Advanced ROW Major Reconstmction/Resurfacing' North 1 lth Street Livingston Rd, PPR/Imm (CR 862 to CR 896) Santa Barbara, 6 lane Davis/PRR GG Blvd, 4 lane CR951/Wilson Bird Vanderbilt Bch, 4 lane Airport/CR951 Radio Rd, 4 lane Santa Bar/SR84 Radio Rd, 6 laning, Airport/Livingston Radio Rd, 6 laning, Livingston/Santa Barbara NN MSTU Rd (Livingston Rd, Imm - Lee Co line) CR951, 4 lane GGB/Imm Rd Immokalee Rd, 6 lane US41/I-75 13 Street Improvements Immokalee Rd 75~CR951 Airport Rd/Enterprise Ave Inter. Impr. Collector/Minor Arterial Rds Santa BB Davis-Rattlesnake Goodlette Frk VBR - Immk Vanderbilt Drive Wigg-BBR Green Blvd Ext Liv-SBB Collier Bird GBB-Green Green Blvd Sunshine - SBB SR Davis 84 Intersection Pine Ridge Rd Logan-Collier Wilson Blvd -Immk~GGB Golden Gate Blvd Wilson-Everglades Collier Blvd ~ Davis-GGPKWY GGPKWY US41-Goodlette RESOLUTION NO. RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SUPPLEMENTING A RESOLUTION ENTITLED "A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING THE ISSUANCE BY COLLIER COUNTY, FLORIDA OF $120,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF COLLIER COUNTY, FLORIDA GAS 'TAX REVENUE BONDS, SERIES 2003 IN ORDER TO PROVIDE FUNDS FOR THE PRINCIPAL PURPOSES OF FINANCING THE COSTS OF VARIOUS TRANSPORTATION IMPROVEMENTS WITHIN THE COUNTY AND REFINANCING CERTAIN INDEBTEDNESS; PLEDGING THE MONEYS RECEIVED BY THE COUNTY FROM THE HEREIN DESCRIBED GAS TAX REVENUES TO SECURE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SAID BONDS; PROVIDING FOR THE ISSUANCE OF ADDITIONAL BONDS; PROVIDING FOR CERTAIN ADDITIONAL MATTERS IN RESPECT TO SAID BONDS; AND PROVIDING FOR AN EFFECTIVE DATE FOR THIS RESOLUTION"; PROVIDING CERTAIN TERMS AND DETAILS OF THE COLLIER COUNTY, FLORIDA GAS TAX REVENUE BONDS, SERIES 2003, INCLUDING AUTHORIZING A NEGOTIATED SALE OF SAID BONDS; DELEGATING CERTAIN AUTHORITY TO THE CHAIRMAN FOR THE EXECUTION AND DELIVERY OF THE HEREIN DESCRIBED PURCHASE CONTRACT WITH RESPECT THERETO; APPOINTING THE PAYING AGENT AND REGISTRAR FOR SAID BONDS; AUTHORIZING THE DISTRIBUTION OF A PREL'IMINARY OFFICIAL STATEMENT AND THE EXECUTION AND DELIVERY OF AN OFFICIAL STATEMENT WITH RESPECT THERETO; AUTHORIZING. THE EXECUTION AND DELIVERY OF AN ESCROW DEPOSIT. AGREEMENT AND APPOINTMENT OF AN ESCROW AGENT; ESTABLISHING A BOOK- ENTRY SYSTEM OF REGISTRATION FOR THE BONDS; AUTHORIZING MUNICIPAL BOND INSURANCE FOR THE BONDS; AUTHORIZING A RESERVE ACCOUNT INSURANCE POLICY WITH RESPECT TO THE BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE CERTIFICATE; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION 1. FINDINGS. It is hereby found and determined that: (A) On the date of adoption hereof, the Board of County Commissioners (the "Board") of Collier County, Florida (the "Issuer") duly adopted a resolution (the "Resolution"), the title of which resolution is quoted in the title of this Supplemental Resolution, for the purposes described therein, including authorizing the Issuer's Collier County, Florida Gas Tax Revenue Bonds, Series 2003 (the "Series 2003 Bonds") in order to finance a portion of the costs of certain capital improvements generally described in Exhibit A thereto (the "Initial Project") and to refund the Issuer's Collier County, Florida Road Improvement Refunding Revenue Bonds, Series 1995 (the "Prior Bonds"). (B) The Issuer deems it to be in its best interests to issue the Series 2003 Bonds for the principal purposes of f'mancing and/or reimbursing the Costs of the Initial Project and refunding the Prior Bonds. (C) The Prior Bonds are being refunded in order to achieve debt service savings and/or restructure indebtedness. For the payment and refunding of said Prior Bonds, the Issuer shall, as provided herein, deposit part of the proceeds derived from the sale of the Series 2003 Bonds, together with other legally available moneys of the Issuer, in an escrow deposit trust fund to purchase direct U.S. Treasury obligations (the "Federal Securities") which shall be sufficient, together with investment earnings therefrom and a cash deposit, to pay the Prior Bonds as the same become due and payable or are redeemed prior to maturity, all as provided herein and the hereinafter defined Escrow Deposit Agreement. Subsequent to the defeasance of the Prior Bonds, the Prior Bonds shall no longer be payable from or secured by the moneys and revenues pledged therefor pursuant to the Prior Resolution. 2 (D) Due to the potential volatility of the market for tax-exempt obligations such as the Series 2003 Bonds and the complexity of the transactions relating to such Series 2003 Bonds, it is in the best interest of the Issuer to sell the Series 2003 Bonds by a negotiated sale, allowing the Issuer to enter the market at the most advantageous time, rather than at a specified advertised date, thereby permitting the Issuer to obtain the best possible price and interest rate for the Series 2003 Bonds. (E) The Issuer anticipates receiving a favorable offer to purchase the Series 2003 Bonds from Morgan Stanley & Co. Incorporated, A.G. Edwards & Sons, Inc. and Raymond James & Associates, Inc. (collectively, the "Underwriters"), all within the parameters set forth herein. (F) Inasmuch as the Board desires to sell the Series 2003 Bonds at the most advantageous time and not wait for a scheduled Board meeting, so long as the herein described parameters are met, the Issuer hereby determines to delegate the award and sale of the Series 2003 Bonds to the Chairman within such parameters. (G) The Resolution provides that the Series 2003 Bonds shall mature on such dates and in such amounts, shall bear such rates of interest, shall be payable in such places and shall be subject to such redemption provisions as shall be determined by Supplemental Resolution adopted by the Issuer; and it is now appropriate that the Issuer set forth the parameters and mechanism to determine such terms and details, which terms and details shall be set forth in the hereinafter defined Purchase Contract. SECTION 2. DEFINITIONS. When used in this Supplemental Resolution, the terms defined in the Resolution shall have the meanings therein stated, except as such definitions may be hereinafter amended or defined. SECTION 3. AUTHORITY FOR THIS SUPPLEMENTAL RESOLUTION. This Supplemental Resolution is adopted pursuant to the provisions of the Act and the Resolution. SECTION 4. DESCRIPTION OF THE SERIES 2003 BONDS. As provided in Section 2.02 of the Resolution, the Issuer has heretofore authorized the issuance of a Series of Bonds in the aggregate principal amount of not exceeding $120,000,000 to be known as the "Collier County, Florida Gas Tax Revenue Bonds, Series 2003," for the principal purposes of financing the Costs of the Initial Project and refunding the Prior Bonds. The aggregate principal amount of the Series 2003 Bonds to be issued pursuant to the Resolution shall be determined by the Chairman provided such aggregate principal amount does not exceed $120,000,000.: The Series 2003 Bonds shall be dated as of their date of delivery or such other date as the Chairman may determine, shall be issued in the form of fully registered Bonds in the denomination of $5,000 or any integral multiple thereof, shall be numbered consecutively from one upward in order of maturity preceded by the letter "R", shall bear interest from the dated date determined therefor, payable semi-annually, on June 1 and December 1 of each year (the "Interest Dates"), commencing on June 1, 2003 or such other dates as may be determined by the Chairman. The Series 2003 Bonds shall bear interest at such rates and yields, shall mature on June 1 of each of the years and in the principal amounts corresponding to such years, and shall have such redemption provisions as determined by the Chairman subject to the conditions set forth in Section 5 hereof. All of the terms of the Series 2003 Bonds will be included in a Purchase Contract which shall be in substantially the form attached hereto and made a part hereof as Exhibit A (the "Purchase Contract"). The Chairman is hereby authorized to execute the Purchase Contract in substantially the form attached hereto as Exhibit A with such modifications as he deems appropriate upon satisfaction of the conditions described in Section 5 hereof. SECTION 5. CONDITIONS TO EXECUTION OF PURCHASE CONTRACT. The Purchase Contract shall not be executed bythe Chairman until such time as all of the following conditions have been satisfied: (A) Receipt by the Chairman of a written offer to purchase the Series 2003 Bonds by the Underwriters substantially in the form of the Purchase Contract attached hereto as Exhibit A, said offer to provide for or demonstrate, among other things, (i) not exceeding $120,000,000 aggregate principal amount of Series 2003 Bonds, (ii) an underwriting discount (including management fee and all expenses) not in excess of 0.7% of the par amount of the Series 2003 Bonds, (iii) a true interest cost of not more than 5.50% per annum, and (iv) the maturities of the Series 2003 Bonds, with the final maturity being not later than June 1,2023. (B) With respect to any optional redemption terms for the Series 2003 Bonds, the first call date may be no later than June 1, 2013 and no call premium may exceed 2% of the par amount of that portion of the Series 2003 Bonds to be redeemed. Term Bonds may be estabhshed with such Amortization Installments as the Chairman deems appropriate. (C) Receipt by the Chairman of a disclosure statement and a truth-in-bonding statement of the Underwriters dated the date of the Purchase Contract and complying with Section 218.385, Florida Statutes. (D) Receipt by the Chairman of a good faith deposit from the Underwriters in an amount not less than 1:0% of t~ie par amount of the Series 2003 Bonds. Upon satisfaction of all the requirements set forth in this Section 5, the Chairman is authorized to execute and deliver the Purchase Contract containing terms complying with the provisions of this Section 5. The Chairman may rely upon the advice of the Issuer's Financial Advisor as to satisfaction of the above-described conditions. SECTION 6. REDEMPTION PROVISIONS FOR SERIES 2003 BOND S. The Series 2003 Bonds may be redeemed prior to their respective maturities from any moneys legally available therefor, upon notice as provided in the Resolution, upon the terms and provisions as determined by the Chairman and set forth in the Purchase Contract subject to the conditions contained in Section 5 hereof. SECTION 7. FULL BOOK-ENTRY. Notwithstanding the provisions set forth in Section 2.07 of the Resolution, the Series 2003 Bonds shall be initially issued in the form of a separate single certificated fully registered Series 2003 Bond for each of the maturities of the Series 2003 Bonds. Upon initial issuance, the ownership of each such Bond shall be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of The Depository Trust Company ("DTC"). As long as the Series 2003 Bonds are registered in the name of Cede & Co., all of the Outstanding Series 2003 Bonds shall be registered in the registration books kept by the Registrar in the name of Cede & Co., all payments of principal on the Series 2003 Bonds shall be made by the Paying Agent by check or draft or by bank wire transfer to Cede & Co., as Holder of the Series 2003 Bonds, upon presentation of the Series 2003 Bonds to be paid, to the Paying Agent. With respect to Series 2003 Bonds registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, the Issuer, the Registrar and the Paying Agent shall have no responsibility or obligation to any direct or indirect participant in the DTC book-entry program (the "Participants"). Without limiting the immediately preceding sentence, the Issuer, the Registrar and the Paying Agent shall have no responsibility or obligation with respect to (A) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest on the Series 2003 Bonds, (B) the delivery to any Participant or any other Person other than a Bondholder, as shown in the registration books kept by the Registrar, of any notice with respect to the Series 2003 Bonds, including any notice of redemption, or (C) the payment to any Participant or any other Person, other than a Bondholder, as shown in the registration books kept by the Registrar, of any amount with respect to principal of, Redemption Price, if any, or interest on the Series 2003 Bonds. The Issuer, the Registrar and the Paying Agent may treat and consider the Person in whose name each Series 2003 Bond is registered in the registration books kept by the Registrar as the Holder and absolute owner of such Bond for the purpose of payment of principal, Redemption Price, if any, and interest with respect to such Bond, for the purpose of giving notices of redemption, and other matters with respect to such Bond, for the pUrPose 5 of registering transfers with respect to such Bond, and for all other purposes whatsoever. The Paying Agent shall pay all principal of, Redemption Price, if any, and interest on the Series 2003 Bonds only to or upon the order of the respective Holders, as shown in the registration books kept by the Registrar, or their respective attorneys duly authorized in writing, as provided herein and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect to payment of principal of, Redemption Price, if any, and interest on the Series 2003 Bonds to the extent of the sum or sums so paid. No Person other than a Holder, as shown in the registration books kept by the Registrar, shall receive a certificated Bond evidencing the obligation of the Issuer to make payments of principal, Redemption Price, if any, and interest pursuant to the provisions of the Resolution. Upon delivery by DTC to the Issuer of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in the Resolution with respect to transfers during the 15 days next preceding an Interest Date or first mailing of notice of redemption, the words "Cede & Co." in this Supplemental Resolution shall refer to such new nominee of DTC; and upon receipt of such notice, the Issuer shall promptly deliver a copy of the same to the Registrar and the Paying Agent. Upon (A) receipt by the Issuer of written notice from DTC (i) to the effect that a continuation of the requirement that all of the outstanding Series 2003 Bonds be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, is not in the best interest of the beneficial owners of the Series 2003 Bonds or (ii) to the effect that DTC is unable or unwilling to discharge its responsibilities and no substitute depository willing to undertake the functions of DTC hereunder can be found which is willing and able to undertake such functions upon reasonable and customary terms, or (B) determination by the Issuer that such book-entry only system is burdensome or undesirable to the Issuer, the Series 2003 Bonds shall no longer be restricted to being registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, but may be registered in whatever name or names Holders shall designate, in accordance with the provisions of the Resolution. In such event, the Issuer shall issue and the Registrar shall authenticate, transfer and exchange the Series 2003 Bonds of like principal amount and maturity, in denominations of $5,000 or any integral multiple thereof to the Holders thereof. The foregoing notwithstanding, until such time as participation in the book-entry only system is discontinued, the provisions set forth in the Blanket Issuer Letter of Representations previously executed by the Issuer and delivered to DTC shall apply to the payment of principal of, premium, if any, and interest on the Series 2003 Bonds. SECTION 8. APPLICATION OF SERIES 2003 BOND PROCEEDS. The proceeds derived from the sale of the Series 2003 Bonds shall be applied by the Issuer as follows: 6 (A) An amount equal to the accrued interest, if any, on the Series 2003 Bonds shall be deposited to the Interest Account of the Debt Service Fund and shall be used to pay a portion of the interest on the Series 2003 Bonds coming due on the next succeeding Interest Date. (B) A sufficient amount of the Series 2003 Bond proceeds shall be deposited irrevocably in trust in the escrow deposit trust fund established under the terms and provisions of the Escrow Deposit Agreement, dated as of the dated date of the Series 2003 Bonds (the "Escrow Deposit Agreement"), between the Issuer and Fifth Third Bank, Cincinnati, Ohio, as Escrow Agent, and, other than a cash deposit, shall be invested, together with other legally available moneys of the Issuer, in Federal Securities in the manner set forth in the Escrow Deposit Agreement, which investments shall mature at such times and in such amounts as shall be sufficient to pay the principal of, redemption premium, if any, and interest on the Prior Bonds as the same become due and payable whether at maturity or upon earlier redemption. Subject to the issuance and delivery of the Series 2003 Bonds, the Prior Bonds maturing on or after June 1, 2004 shall be redeemed on June 1, 2003, or such later date as shall be approved by the Chairman. (C) A sufficient amount of the Series 2003 Bond proceeds shall be applied to the payment of the premium for the hereinafter described Bond Insurance Policy applicable to the Series 2003 Bonds, to the payment of the premium for the hereinafter described Reserve Account Insurance Policy, and to the payment of costs and expenses relating to the issuance of the Series 2003 Bonds. (D) An amount of the Series 2003 Bond proceeds equal to one-half of the Reserve Account Requirement for the Series 2003 Bonds shall be deposited into the Reserve Account. (E) The remainder of the proceeds of the Series 2003 Bonds shall be deposited to the Series 2003 Account of the Construction Fund and applied topay the Cost of the Initial Project. SECTION 9. TRANSFER OF CERTAIN MONEYS. The Prior Bonds will be refunded from proceeds of the Series 2003 Bonds and other legally available moneys of the Issuer. Any excess moneys on deposit in the funds or accounts established pursuant to the Prior Resolution not required by the terms of the Prior Resolution to be on deposit therein shall be transferred to the escrow deposit trust fund established pursuant to the Escrow Deposit Agreement. SECTION 10. hereby authorizes the PRELIMINARY distribgtion and use OFFICIAL STATEMENT. The Issuer of the Preliminary Official Statement in substantially the form attached hereto as Exhibit B in connection with the offering of the Series 2003 Bonds for sale. If between the date hereof and the mailing of the Preliminary Official Statement, it is necessary to make insertions, modifications or changes in the Preliminary Official Statement, the Chairman is hereby authorized to approve such insertions, changes and modifications. The Chairman is hereby authorized to deem the Preliminary Official Statement "final" within the meaning of Rule 15c2-12(b)(1) under the Securities Exchange Act of 1934 in the form as mailed. Execution of a certificate by the Chairman deeming the Preliminary Official Statement "final" as described above shall be conclusive evidence of the approval of any insertions, changes or modifications. SECTION 11. OFFICIAL STATEMENT. The form, terms and provisions of the Official Statement relating to the Series 2003 Bonds shall be substantially as set forth in the Preliminary Official Statement and shall include all of the specific financial terms of the Series 2003 Bonds. The Chairman is hereby authorized and directed to execute and deliver said Official Statement in the name and on behalf of the Issuer, and thereupon to cause such Official Statement to be delivered to the Underwriters with such changes, amendments, modifications, omissions and additions as may be approved by the Chairman. Said Official Statement, including any such changes, amendments, modifications, omissions and additions as approved by the Chairman and the information contained therein are hereby authorized to be used in connection with the sale of the Series 2003 Bonds to the public. Execution by the Chairman of the Official Statement shall be deemed to be conclusive evidence of approval of such changes. SECTION 12. APPOINTMENT OF PAYING AGENT AND REGISTRAR. Subject in all respects tothe satisfaction of the conditions set forth in Section 5 hereof, Fifth Third Bank, Cincinnati, Ohio, is hereby designated Registrar and Paying Agent for the Series 2003 Bonds. The Chairman and/or the Clerk or any designated Deputy Clerk are hereby authorized to enter into any agreement which may be necessary to effect the transactions contemplated by this Section 12 and by the Resolution. SECTION 13. MUNICIPAL BOND INSURANCE; RESERVE ACCOUNT INSURANCE POLICY. (A) Subject in all respects to the satisfaction of the conditions set forth in Section 5 hereof, the Issuer hereby authorizes the payment of the principal of and interest on the Series 2003 Bonds to be insured pursuant to a municipal bond insurance policy (the "Bond Insurance Policy") issued by Ambac Assurance Corporation ("Ambac"). The Chairman is hereby authorized to execute such documents and instruments necessary to cause Ambac to insure the Series 2003 Bonds. With respect to the Series 2003 Bonds, Ambac shall be deemed to be the "Insurer" as such term is used and deemed in the Resolution. (B) Subject in all respects to the satisfaction of the conditions set forth in Section 5 hereof, the Issuer shall deposit to the Reserve Account a Reserve Account Insurance Policy purchased from Ambac, the face amount of which is equal to one-half of the Reserve Account Requirement for the Series 2003 Bonds. The Chairman is hereby authorized to enter into a Guaranty Agreement substantially in the form attached hereto as Exhibit C in order to cause Ambac issue such Reserve Account Insurance Policy. The Clerk is hereby authorized and directed to attest such Guaranty Agreement. The provisions of such Guaranty Agreement, when executed and delivered, shall be incorporated herein by reference and to the extent there are any conflicts between the Guaranty Agreement and the Resolution, the provisions of the Guaranty Agreement shall control. SECTION 14. PROVISIONS RELATING TO BOND INSURANCE POLICY. Subject in ail respects to the satisfaction of the conditions set forth in Section 5 hereof, so long as the Bond Insurance Policy issued by the Insurer is in full force and effect and the Insurer has not defaulted in its payment obligations under the Bond Insurance Policy, the Issuer agrees to comply with the following provisions, notwithstanding any provision in the Resolution to the contrary: (A) Notices to be given to Ambac Surveillance Department. The Issuer shall furnish to the Surveillance Department of Ambac: (i) as soon as practicable after the required state or federal filing thereof, a copy of any financial statements of the Issuer and a copy of any audit and annual report of the Issuer; (ii) a copy of any notice to be given to the Holders of the Series 2003 Bonds, including, without limitation, notice of any redemption of or defeasance of Series 2003 Bonds, and any certificate rendered pursuant to the Resolution relating to the security for the Series 2003 Bonds; (iii) to the extent that the Issuer has entered into a continuing disclosure agreement or certificate with respect to the Series 2003 Bonds, Ambac shall be included as a party to be notified; and (iv) such additional information as it may reasonably request. (B) Notices to be given to Ambac General Counsel Office. The Issuer shall furnish to the General Counsel Office of Ambac: (i) notice of any failure of the Issuer to provide any relevant notices, certificates, etc.; and (ii) notice that there are insufficient moneys to make any payments of principal and/or interest on the Series 2003 Bonds as required 'by the Resolution and immediate notice of any Event of Default under the Resolution. (C) Other Information. The Issuer will permit Ambac to discuss the affairs, finances and accounts of the Issuer or any information Ambac may reasonably request regarding the security for the Series 2003 Bonds with appropriate officers of the Issuer. The Issuer will permit Ambac to have access to and to make copies of all books and records relating to the Series 2003 Bonds at any reasonable time. Ambac shall have the right to direct an accounting with respect to the Series 2003 Bonds and the security therefor at the Issuer's expense, and the Issuer's failure to comply with such direction within 30 days after receipt of written notice of the direction from Ambac shall be deemed an Event of Default under the Resolution; provided, however, that if compliance cannot occur within such .period, then such period will be extended so long as compliance is begun within such period and diligently pursued, but only if such extension would not materially adversely affect the interests of any Holder of the Series 2003 Bonds. (D) Payment Procedure Pursuant to Municipal Bond Insurance Policy. The Issuer agrees to comply with the following provisions and to cause the Paying Agent for the Series 2003 Bonds to comply with the following provisions: (i) At least one day prior to all interest payment dates the Issuer or the Paying Agent will determine whether there will be sufficient funds in the funds and accounts established under the Resolution to pay the principal of or interest on the Series 2003 Bonds on such interest payment date. If the Issuer or the Paying Agent determines that there will be insufficient funds in such funds or accounts, such entity shall immediately notify the other and Ambac.. Such notice shall specify the amount of the anticipated deficiency, the Series 2003 Bonds to which such deficiency is applicable and whether such Series 2003 Bonds will be deficient as to principal or interest, or both. If either the Issuer or the Paying Agent has not so notified Ambac at least one day prior to an interest payment date, Ambac will make payments of principal or interest due on the Series 2003 Bonds on or before the fa'st day next following the date on which Ambac shall hax~e received notice of nonpayment from the Issuer or the Paying Agent. 10 ' (ii) The Paying Agent or the Registrar shall, after it or the Issuer gives notice to Ambac as provided in (D)(i) above, make available to Ambac and, at Ambac's direction, to The Bank of New York in New York, New York, as insurance trustee for Ambac or any successor insurance trustee (the "Insurance Trustee"), the registration books of the Issuer maintained by the Registrar and all records relating to the funds and accounts maintained under the Resolution. (iii) The Paying Agent or the Registrar shall provide Ambac and the Insurance Trustee with a list of Holders of Series 2003 Bonds entitled to receive principal or interest payments from Ambac under the terms of the Municipal Bond Insurance Policy, and shall make arrangements with the Insurance Trustee (a) to mail checks or drafts to the Holders of the Series 2003 Bonds entitled to receive full or partial interest payments from Ambac and (b) to pay pr/ncipal upon the Set/es 2003 Bonds surrendered to the Insurance Trustee by the Holders of the Series 2003 Bonds entitled to receive full or partial principal payments from Ambac. (iv) The Paying Agent shall, at the time it provides notice to Ambac pursuant to (D)(i) above, notify Holders of Sefies 2003 Bonds entitled to receive the payment of principal or interest thereon from Ambac (a) as to the fact of such entitlement, (b) that Ambac will remit to them all or a part of the interest payments next coming due upon proof of Series 2003 Bondholder entitlement to interest payments and delivery to the Insurance Trustee, in form sat/sfactoryto the Insurance Trustee, of an appropriate assignment of the Holder's fight to payment, (c) that should they be entitled to receive full payment of principal from Ambac, theymust surrender their Series 2003 Bonds (along with an appropriate instrument of assignment in form satisfactory to the Insurance Trustee to permit ownership of such Series 2003 Bonds to be registered in the name of Ambac) for payment to the Insurance Trustee, and not the Paying Agent, and (d) that should they be entitled to receive partial payment of principal from Ambac they must surrender their Series 2003 Bonds for payment thereon first to the Paying Agent who shall note on such Series 2003 Bonds the portion of the principal paid by the PaYing Agent and then, along with an appropriate insmament of assignment in form satisfactory to the Insurance Trustee, to the Insurance Trustee, which will then pay the unpaid portion of principal. (v) In the event that the Paying Agent has notice that any payment of principal of or interest on a Series 2003 Bond which has become due for payment and which is made to a Series 2003 BOndholderby or on behalf of the Issuer has been deemed a preferential transfer and thereto fore recovered from its Holder pursuant to the United States Bankruptcy Code by a trustee in bankruptcy in accordance with the final, nonapPealable ord.er of a cour: .','iaving competentjurisdict/on, the Paying Agent 11 -- ...... shall, at the time Ambac is notified pursuant to (D)(i) above, notify all Holders that in the event that any Holder's payment is so recovered, such Holder will be entitled to payment from Ambac to the extent of such recovery if sufficient funds are not otherwise available, and the Paying Agent shall furnish to Ambac its records evidencing the Payments of principal of and interest on the Series 2003 Bonds which have been made by the Paying Agent and subsequently recovered from Holders and the dates on which such payments were made. (vi) In addition to those rights granted Ambac under the Resolution, Ambac shall, to the extent it makes payment of principal of or interest on Series 2003 Bonds, become subrogated to the rights of the recipients of such payments in accordance with the terms of the Bond Insurance Policy, and to evidence such subrogation (a) in the case of subrogation as to claims for past due interest, the Paying Agent shall note Ambac's rights as subrogee on the registration books of the Issuer maintained by the Registrar upon receipt from Ambac of proof of the payment of interest thereon to the Holders of the Series 2003 Bonds, and (b) in the case of subrogation as to claims for past due principal, the Paying Agent shall note Ambac's rights as subrogee on the registration books of the Issuer maintained by the Registrar upon surrender of the Series 2003 Bonds by the Holders thereof together with proof of the payment of principal thereof. (E) Consent of Ambac. ~.~ (i) Any provision of the Resolution expressly recognizing or granting fights in or to Ambac may not be amended in any manner which affects the rights of Ambac hereunder or thereunder without the prior written consent of Ambac. (ii) Except as otherwise provided in the Resolution, Ambac's consent shall be required for the following purposes: (a) execution and delivery of any Supplemental Resolution if Series 2003 Bondholder consent is.required pursuant to the Resolution; (b) removal of the Paying Agent and selection and appointment of any successor Paying Agent; and (c) initiation or approval of any action not described in (a) or (b) above which requires consent of the Series 2003 Bondholders. (iii) Any reorganization or liquidation plan with respect to the Issuer must be acceptable to Ambac. In the event of any reorganization or liquidation, Ambac shall have the right to vote on behalf of all Series 2003 Bondholders absent a default by Ambac un&er the Bond Insurance Policy. 12 (iv) Anything in the Resolution to the contrary notwithstanding, upon the occurrence and continuance of an Event of Default as del'reed in the Resolution, Ambac shall be entitled to control and direct the enforcement of all rights and remedies granted to the Series 2003 Bondholders for the benefit of the Series 2003 Bondholders under the Resolution. (F) _Provisions Concerning the Paying Agent; (i) The Paying Agent may be removed at any time at the request of Ambac, for any breach of the trust set forth in the Resolution. (ii) Ambac shall receive prior written notice of any Paying Agent resignation or removal. (iii) Every successor Paying Agent appointed by the Issuer shall be a trust company or bank in good standing located in or incorporated under the laws of the State, duly authorized to exercise trust powers and subject to examination by federal or state authority, having a reported capital and surplus of not less than $40,000,000 and acceptable to Ambac. Any successor Paying Agent shall not be appointed unless Ambac approves su. ch successor in writing. (iv) Notwithstanding any other provision of the Resolution, in determining whether the rights of the Series 2003 Bondholders will be adversely affected by any action taken pursuant to the terms and provisions of the Resolution, the Issuer shall consider the effect on the Series 2003 Bondholders as if there were no Bond Insurance Policy. (v) Notwithstanding any other provision of the Resolution, no removal, resignation or termination of the Paying Agent shall take effect until a successor, acceptable to Ambac, shall be appointed. (G) _Interested Parties~.. To the extent that the Resolution confers upon or gives or grants to Ambac any right, remedy or claim under or by reason of the Resolution, Ambac is hereby explicitly recognized as being a third-party beneficiary hereunder and thereunder and may enforce any such right, remedy or claim conferred, given or granted hereunder and thereunder. Nothing in the Resolution, expressed or implied, is intended or shall be construed to confer upon, or to give or grant to, anyperson or entity, other than the Issuer, the Paying Agent, the Registrar, Ambac and the Holders of the Series 2003 Bonds, anyright, remedy or claim under or by reason of t~he Resolution or any covenant, condition or stipulation hereof Or thereof, artd ail covenants, stip~dat~cns, promises and agreements in the 13 Resolution contained by and on behalf of the Issuer shall be for the sole and exclusive benefit of the Issuer, the Paying Agent, the Registrar, Ambac and the Holders of the Series 2003 Bonds. (H) Defeasance. Notwithstanding anything herein or in the Resolution to the contrary, in the event that the principal and/or interest due on the Series 2003 Bonds shall be paid by Ambac pursuant to the Bond Insurance Policy, the Series 2003 Bonds shall remain Outstanding for all purposes, not be defeased or otherwise satisfied and not be considered paid by the Issuer, and the lien on and pledge of the Pledged Funds and all covenants, agreements and other obligations of the Issuer to the Holders shall continue to exist and shall run to the benefit of Ambac, and Ambac shall be subrogated to the rights of such Holders. (I) Security Provisions. (i) The Resolution creates a valid and binding pledge of the Pledged Funds in favor of the Holders of the Series 2003 Bonds as security for payment of the Series 2003 Bonds, enforceable by the Holders of the Series 2003 Bonds in accordance with the terms of the Resolution. (ii) The Issuer has not heretofore made a pledge of, granted a lien on or security interest in, or made an assignment or sale of the Pledged Funds that ranks on a parity with or prior to the pledge of the Pledged Funds granted by the Resolution. The Issuer shall not hereafter make or suffer to exist any pledge or assignment of, lien on, or security interest in such Pledged Funds that ranks prior to or on a parity with the pledge of the Pledged Funds granted by the Resolution, except as expressly permitted by the Resolution. (J) Hedge Agreements. So long as any Outstanding Bonds are insured by Ambac, the Issuer shall not enter into any Hedge Agreements relating to the Bonds without the written consent of Ambac. .' (K) Reserve Account Insurance Policy. The Issuer and Paying Agent shall do all things required by the Resolution, the Guaranty Agreement and Ambac to utilize the Reserve Account Insurance Policy in accordance with its terms. SECTION 15. AUTHORIZATION TO EXECUTE ESCROW DEPOSIT AGREEMENT. The Issuer hereby authorizes and directs the Chairman and Clerk to execute the Escrow Deposit Agreement and to deliver the Escrow Deposit Agreement to Fifth Third Bank, Cincinnati, Ohio, which is hereby appointed as Escrow Agent thereunder. All of the provisions of the Escrow Deposit Agreement when executed and delivered by the 14 Issuer as authorized herein and when duly authorized, executed and delivered by the Escrow Agent, shall be deemed to be a part of this Supplemental Resolution as fully and to the same extent as if incorporated verbatim herein, and the Escrow Deposit Agreement shall be in substantially the form of the Escrow Deposit Agreement attached hereto as Exhibit D with such changes, amendments, modifications, omissions and additions, including the date of such Escrow Deposit Agreement, as may be approved by said Chairman. Execution by the Chairman of the Escrow Deposit Agreement shall be deemed to be conclusive evidence of approval of such changes. The Chairman and the Clerk are hereby authorized and directed to execute and file all documents necessary to purchase or subscribe to the Federal Securities on behalf of the Issuer. SECTION 16. SECONDARY MARKET DISCLOSURE. Subject in all respects to the satisfaction of the conditions set forth in Section 5 hereof, the Issuer hereby covenants and agrees that, in order to provide for compliance by the Issuer with the secondary market disclosure requirements of Rule 15c2-12 of the Securities and Exchange Commission (the "Rule"), it will comply with and carry out all 6f the provisions of the Continuing Disclosure Certificate to be executed by the Issuer and dated the date of delivery of the Series 2003 Bonds, as it may be amended from time to time in accordance with the terms thereof. The Continuing Disclosure Certificate shall be substantially in the form attached hereto as Exhibit E with such changes, amendments~ modifications, omissions and additions as shall be approved by the Chairman who is hereby authorized to execute and deliver such Certificate. Notwithstanding any other provision of the Resolution, failure of the Issuer to comply with such Continuing Disclosure Certificate shall not be considered an Event olD efault under the Resolution; provided, however, any Series 2003 Bondholdermay take such actions as maybe necessary and appropriate, including seeking mandate or specific performance by court order, to cause the Issuer to comply with its obligations under this Section 16 and the Continuing Disclosure Certificate. For purposes of this Section 16, "Series 2003 Bondholder" shall mean any person who (A) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Series 2003 Bonds (including persons holding Series 2003 Bonds through nominees, depositories or other intermediaries), or (B) is treated as the owner of any Series 2003 Bonds for federal income tax purposes. SECTION 17. GENERAL AUTHORITY. The members of the Board, the Clerk and the officers, attorneys and other agents or employees of the Issuer are hereby authorized to do all acts and things required of them. by this Supplemental Resolution, the Resolution, the Official Statement, the Continuing Disclosure Certificate, the Escrow Deposit Agreement, the Guaranty Agreement or the Purchase Co ntract or desirable or consistent with the requirements hereof or the Resolution, the Official Statement, the Continuing Disclosure Certificate, the EScrow Deposit Agreement, the Guaranty Agreement or the Purchase 15 Contract for the full punctual and complete performance of all the terms, covenants and agreements contained herein or in the Series 2003 Bonds, the Resolution, the Official Statement, the Continuing Disclosure Certificate, the Escrow Deposit Agreement, the Guaranty Agreement and the Purchase Contract and each member, employee, attorney and officer of the Issuer or the Board and the Clerk is hereby authorized and directed to execute and deliver any and all papers and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated hereunder. If the Chairman is unavailable or unable at any time to perform any duties or functions hereunder, including but not limited to those described in Section 5 hereof, the Vice- Chairman is hereby authorized to act on his or her behalf. SECTION 18. SEVERABILITYAND INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions hereof or of the Series 2003 Bonds. SECTION 19. RESOLUTION TO CONTINUE IN FORCE. Except as herein expressly provided, the Resolution and ail the terms and provisions thereof are and shall remain in full force and effect. 16 SECTION 20. EFFECTIVE DATE. This Supplemental Resolution shall become effective immediately upon its adoption. DULY ADOPTED, in Regular Session this 1 lth day of February, 2003. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (SEAL) Chairman ATTEST: Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 17 EXHIBIT A FORM OF PURCHASE CONTRACT $ COLLIER COUNTY, FLORIDA Gas Tax Revenue Bonds, Series 2003 PURCHASE CONTRACT ,20__ Board of County Commissioners of Collier County, Florida 3301 Tamiami Trail East Naples, Florida 33941-3044 Ladies and Gentlemen: The undersigned, Morgan Stanley & Co. Incorporated (the "Senior Managing Underwriter"), on behalf of itself, A.G. Edwards & Sons, Inc. and Raymond James & Associates, Inc. (collectively, the "UnderWriters"), offers to enter into this Purchase Contract with the Board of County Commissioners of Collier County, Florida (the "Issuer" or the "County"), subject to written acceptance hereof by the Issuer at or before 5:00 p.m., New York time, on the date hereof, and, ff not so accepted, will be subject to withdrawal by the Senior Managing Underwriter upon notice delivered to the Issuer at any time prior to the acceptance hereof by the Issuer. All capitalized undefined terms in this Purchase Contract shall have the meaning ascribed to them in the hereinafter defined Resolution. 1. Purchase and Sale. Upon the terms and conditions and in reliance on the representations, warranties, covenants and agreements set forth herein, the Underwriters, jointly and severally, hereby agree to purchase from the Issuer, and the Issuer hereby agrees to sell and deliver to the Underwriters, all (but not less than all) of the $ aggregate principal amount of the Collier County, Florida Gas Tax Revenue Bonds, Series 2003 (the "Series 2003 Bonds"). The Series 2003 Bonds shall be dated as of the date of their delivery, and shall be payable in the years and principal amounts, bear such rates of interest and be subject to redemption, all as' set forth in Exhibit A attached hereto. Interest on the Series 2003 Bonds is payable semi-annually on June I and December 1 of each year commencing June 1, 2003. The purchase price for the Series 2003 Bonds shall be $. (representing the par amount of the Series 2003 Bonds of $ , less an original issue discount of $_ , plus an original issue premium of $. and less an Underwriters' discount of $ ). The disclosure statement required by Section 218.385, Florida Statutes, is attached hereto as Exhibit B. Pursuant to Resolution No. 03- adopted by the Board of County Commissioners of the County (the "Board") on ,2003, as amended and supplemented from time to time, and as particularly supplemented by Resolution No. 03- adopted by the Board of County Commissioners of the County on , 2003 (collectively, the "Resolution"), the Series 2003 Bonds are payable from and secured by a lien upon the proceeds of the Gas Tax Revenues, and distributed to the County under the Act and certain other amounts as described in the Resolution (collectively, the "Pledged Funds"). Subject to the satisfaction of certain requirements in the Resolution, the County may release the lien on one or more cents of the Gas Tax Revenues. Additionally, payment of the principal of and interest on the Series 2003 Bonds, when due, will be insured by a municipal bond insurance policy issued by (the "Insurer") simultaneously with the delivery of the Series 2003 Bonds, and the Insurer will issue a Reserve Account Insurance Policy to be deposited in the [Reserve Account - separate subaccount?]. The Series 2003 Bonds are-being issued for the purpose of providing funds, together with other legally available funds of the County, to (i) finance the costs of acquisition, construction, and reconstruction of roads and bridges and other transportation improvements within the County as more specifically described in the plans and specifications on file or to be on file with the County, with such changes, deletions, additions or modifications to the enumerated improvements, equipment and facilities, or such other improvements, as approved by the Board of County Commissioners of the County in accordance with the Act (collectively, the "Initial Project"), and (ii) refund, on a current basis, all of the County's outstanding Road Improvement Revenue Bonds, Series 1995 (the "Prior Bonds""), as further described herein, and (iii) pay certain costs of issuance of the Series 2003 Bonds, including the municipal bond insurance premium and the Reserve Account Insurance Policy premium. 2. Delivery of Official Statement and Other Documents. (a) Prior to the date hereof, the Issuer has provided to the Underwriters for their review the Preliminary Official Statement dated , 2003 that the Issuer deemed "final" (as defined in Rule 15c2-12 of the Securities and Exchange Commission ("Rule 15c2-12" or the "Rule") as of its date (the "Preliminary Official Statement"), except for certain permitted omissions (the "Permitted Omissions"), as contemplated by the Rule in connection with the pricing of the Series 2003 Bonds. The Underwriters have reviewed the Preliminary Official Statement prior to the execution of this PurchaseC ontract. The Issuer hereby confirms that the Preliminary Official Statement was "final" (as defined in the Rule) as of its date, except for the Permitted Omissions. (b) The Issuer shall deliver, or cause to be delivered, at its expense, to the Underwriters within seven (7) business days after the date hereof orw ithin such shorter period as may be requested by the Underwriters, and at least three (3) business days prior to the date the Series 2003 Bonds are delivered to the Underwriters, or within such other period as may be prescribed by the Municipal Securities Rulemaking Board ("MSRB") in order to accompany any confirmation that requests payment from any customer (i) sufficient copies of the final Official Statement (the "Official Statement") to enable the Underwriters to fulfill their obligations pursuant to the securities laws of Florida and the United States, in form and substance satisfactory to the Underwriters, and (ii) an executed original counterpart or certified copy of the Official Statement and the Resolution. In determining whether the number of copies to be delivered by the Issuer are reasonably necessary, at a minimum, the number shall be sufficient to enable the Underwriters to comply with the requirements of Rule 15c2-12, all applicable rules of the MSRB, and to fulfill its duties and responsibilities under Florida and federal securities laws generally. The Underwriters agree to file the Official Statement with at least one Nationally Recognized Municipal Securities Information Repository ("NRMSIR") which has been so designated by the Securities and Exchange Commission pursuant to Rule 15c2-12 and with the MSRB (accompanied by a completed Form G-36) not later than two (2) business days after , 2003 (the "Closing"), and will furnish a list of the names and addresses of each such NRMSIR receiving a copy to the Issuer. The filing of the Official Statement with each such NRMSIR shall be in accordance with the terms and conditions apphcable to such NRMSIR. : The Issuer authorizes, or ratifies as the case may be, the use and distribution of the Preliminary Official Statement' and the Official Statement in connection with_the, public 2 ~ offering and sale of the Series 2003 Bonds. The Underwriters agree that they will not confirm the sale of any Series 2003 Bonds unless the confirmation of sale requesting payment is accompanied or preceded by the delivery of a copy of the Offficial Statement. The Senior Managing Underwriter shall notify the Issuer of the occurrence of the "end of the underwriting period," as such term is defined in the Rule, on the date which is one day thereafter, and of the passage of the date after which the Underwriters no longer remain obligated to dehver Official Statements pursuant to paragraph (b)(4) of the Rule on the date which is one day thereafter. (c) From the date hereof until the earlier of (i) ninety days from the "end of the underwriting period" (as defined in the Rule), or (ii) the time when the Official Statement is available to any person from a NRMSIR (but in no case less than 25 days following the end of the underwriting period), if any event occurs which may make it necessary to amend or supplement the Official Statement in order to make the statements therein, in the light of the circumstances under which they were made, not misleading, the Issuer shall notify the Senior Managing Underwriter and if, in the reasonable opinion of the Issuer or the reasonable opinion of the Senior Managing Underwriter, such event requires the preparation and publication of an amendment or supplement to the Official Statement, the Issuer, at its expense, promptly will prepare an appropriate amendment or supplement thereto (and file or cause to be filed, the same with each NRMSIR having the Official Statement on file, with the MSRB if the MSRB is requiring or permitting the filing of continuing disclosure information, and mail such amendment or supplement to each record owner of Series 2003 Bonds) so that the statements in the Official Statement as so amended or supplemented will not, in light of the circumstances Under which they were made, be misleading, in a form and in a manner reasonably approved by the Senior Managing Underwriter. The Issuer will promptly notify the Senior Managing Underwriter of the occurrence of any event ofw hich it has knowledge, which, in its opinion, is an event described in the preceding sentence. The amendments or supplements that may be authorized for use with respect to the Series 2003 Bonds are hereinafter included within the term "Official Statement." 3. Authority of the Senior Managing Underwriter. The Senior Managing Underwriter has been duly authorized to execute this Purchase Contract and has been duly authorized to act hereunder by and on behalf of the other Underwriters. 4. Public Offering. The Underwriters agree to make a bona fide offering to the public (excluding bond houses, brokers or similar persons or organizations acting in the capacity of underwriters or wholesalers) of all of the Series 2003 Bonds at not in excess of the initial public offering price or prices (or not below the yields) set forth on the cover page of the Official Statement. If such public offering does not result in the sale of all the Series 2003 Bonds, the Underwriters may offer and sell the Series 2003 Bonds to certain bond houses, brokers, or similar persons or organizations acting in the capacity of underwriters or wholesalers at prices lower than the public offering prices set forth on the cover page of the Official Statement. The Senior Managing Underwriter does hereby certify that at the time of the execution of this Purchase Contract, based upon prevailing market conditions, it does not have any reason to believe that any of the Series 2003 Bonds will be initially sold to the public (excluding such bond houses, brokers, or similar persons or organizations acting in the capacity of underwriters or wholesalers) at prices in excess of the prices, or yields below the yields, set forth on the cover page of the Official Statement. At the Closing, the Senior Managing Underwriter shall deliver to the Issuer a certificate, on behalf of the Underwriters, in a form reasonably acceptable to Bond Counsel, to the effect that (i) all of the Series 2003 Bonds have been the subject of an initial offering to the public as herein provided, and (ii) not less than 10% of each maturity of the Series 2003 Bonds were sold to the public (excluding bond houses, brokers or similar persons or organizations acting in the capacity of 3 underwriters or wholesalers) at initial offering prices not greater than the respective prices, or yields not below the respective yields, shown on the cover page of the Official Statement, and as to such other matters required in order to enable Bond Counsel to render its opinion as to the exclusion from gross income for federal income tax purposes of interest on the Series 2003 Bonds. The Issuer hereby authorizes the Underwriters to use the forms or copies of the Resolution and the Official Statement and the information contained therein in connection with the public offering and sale of the Series 2003 Bonds and ratifies and confirms its authorization of the distribution and use by the Underwriters prior to the date hereof of the Preliminary Official Statement in connection with such public offering and sale. 5. Security Deposit. The Senior Managing Underwriter has delivered herewith to the Issuer a check for $. ( Dollars) (which sum represents not less than 1% of the purchase price of the Series 2003 Bonds) payable to the order of the Issuer. In the event that the Issuer does not accept this offer, such check shall be immediately returned to the Senior Managing Underwriter. If the offer made hereby is accepted, the Issuer agrees to hold this check uncashed until the Closing as security for the performance by the Underwriters of their obligation to accept and pay for the Series 2003 Bonds at the Closing, and, in the event of their compliance with such obligation, such check shall be returned to the Senior Managing Underwriter at the Closing. In the event of the Issuer's failure to deliver the Series 2003 Bonds at the Closing, or if the Issuer shall be unable to satisfy the conditions of Closing contained herein, or if the obligations of the Underwriters shall be terminated for any reason permitted by this Purchase Contract (other than resulting from a failure to deliver the certificate required by Paragraph 4 hereof), such check shall be immediately returned to the Senior Managing Underwriter and such return shall constitute a full release and discharge of all claims by the Underwriters arising out of the transactions contemplated hereby. In the event that the Underwriters fail (other than for a reason permitted hereunder) to accept and pay for the Series 2003 Bonds at the Closing (as hereinafter defined), or if this Purchase Contract is terminated because of the failure of the Underwriters to deliver the certificate required by Paragraph 4 hereof, such check shall be retained by the Issuer as and for full liquidated damages for such failure and for any defaults hereunder on the part of the Underwriters and such retention shall constitute a full release and discharge of all claims by the Issuer against the Underwriters arising out of the transactions contemplated hereby. 6. Issuer Representations, Warranties, Covenants and Agreements. The Issuer represents and warrants to and covenants and agrees with each of the Underwriters that, as of the date hereof and as of the date of the Closing: (a) The Issuer is a political subdivision of the State of Florida (the "State"), duly organized and validly existing pursuant to the Constitution and laws of the State and is authorized and empowered by law to issue, sell and deliver the Series 2003 Bonds to the Underwriters as described herein; to provide funds to (i) finance the costs of acquisition, construction, and reconstruction of the Initial Project, and (ii) pay certain costs of issuance of the Series 2003 Bonds, including the municipal bond insurance premium and the Reserve Account Insurance Policy premium; to accept this Purchase Contract; to adopt the Resolution; to enact the Ordinance; to execute the Interlocal Agreements; to execute the Continuing Disclosure Certificate dated as of , 2003 by the Issuer (the "Continuing Disclosure Certificate"), the GuarantyAgreement dated ,. 2003 (or such other date as determined by the Issuer) between the Issuer and the Insurer (the "Reserve Account Insurance Policy Agreement"), the Escrow Deposit Agreement dated , 2003 (or such other date as determined by the Issuer) between the Issuer and , a~ Escrow Agent thereunder (the "Escrow Agreement") and' the Official Statement; and to carry, out and consummate all other transactions contemplated by the Official Statement and by each of the aforesaid documents, agreements, resolutions and ordinances. (b) By official action of the Issuer taken prior to or concurrently with the acceptance hereof, the Issuer has duly adopted the Resolution, duly enacted the Ordinance, the Resolution and the Ordinance are in full force and effect and have not been amended, modified or rescinded; the Issuer has duly authorized and approved the execution and delivery of, and the performance by the Issuer of its obligations contained in the Series 2003 Bonds, the Interlocal Agreements, the Continuing Disclosure Certificate, the Escrow Agreement, the Reserve Account Insurance Policy Agreement and this Purchase Contract; and the Issuer has duly authorized and approved the performance by the Issuer of its obligations contained in the Resolution, the Ordinance, the Interlocal Agreements, the Escrow Agreement, the Reserve Account Insurance Policy Agreement and the Continuing Disclosure Certificate, and the consummation by it of all other transactions contemplated by the Resolution, the Official Statement, the Continuing Disclosure Certificate, the Escrow Agreement, the Reserve Account Insurance Policy Agreement, and this Purchase Contract to have been performed or consummated at or prior to the date o~ Closing, and the Issuer is in compliance with the provisions of the Resolution. (c) When delivered to and paid by the Underwriters in accordance with the terms of this Purchase Contract and the Resolution, the Series 2003 Bonds will have been duly and validly authorized, executed, issued and delivered and will constitute legal, valid and binding limited obligations of the Issuer enforceable in accordance with their terms, subject to applicable bankruptcy, insolvency or other laws affecting creditors' rights and remedies and to general principles of equity, and will be entitled to the benefits of the Resolution. (d) The Issuer is not in breach of or default under any applicable constitutional provision, law or administrative regulation of the State of Florida or the United States, or any agencyo r department of either, or any applicable judgment or decree or any loan agreement, indenture, bond, note, resolution, agreement or other instrument to which the Issuer is a party or to which the Issuer or any of its properties or other assets is otherwise subject, and no event has occurred and is continuing which, with the passage of time or the giving of notice, or both, would constitute a default or event of default under any such instrument, in any such case to the extent that the same would have a material and adverse effect upon the business or properties or financial condition of the Issuer; and the execution and delivery of the Series 2003 Bonds, the Continuing Disclosure Certificate, the Interlocal Agreements, the Escrow Agreement, the Reserve Account Insurance Policy Agreement and this Purchase Contract and the adoption of the Resolution, the enactment of the Ordinance, and compliance with the provisions on the County's part contained in each, will not conflict with or constitute a breach of or default under any constitutional provision, law, administrative regulation, judgment, decree, loan agreement, indenture, bond, note, resolution, agreement or other instrument to which the Issuer isa party or to which the County or anyo f its properties or other assets is otherwise subject, nor will any such execution, delivery, adoption or compliance result in the creation or imposition of any lien, charge or other security interest or encumbrance of any nature whatsoever upon any of the properties or the assets of the Issuer under the terms of any such law, regulation or instrument, except as provided or permitted by the Series 2003 Bonds and the Resolution. (e) The Issuer neither is nor has been in default any time after December 31, 1975, as to principal or interest with respect to an obligation issued by the Issuer, except for certain industrial development .bonds, if any, the disclosure of which the Issuer believes in good faith would not be material to a reasonable investor in connection with the Series 2003 Bonds, as provided in Section 517.051, Florida Statutes. (f) All approvals, consents and orders of any governmental authority, legislative body, board, agency or commission having jurisdiction which would constitute a condition precedent to or the absence of which would materially adversely affect the financial condition of the Issuer or the due performance by the Issuer of its obligations under this Purchase Contract, the Resolution, the Ordinance, the Interlocal Agreements, the Continuing Disclosure Certificate, the Escrow Agreement, the Reserve Account Insurance Policy Agreement and the Series 2003 Bonds have been, or prior to the Closing will have been, duly obtained, except for such approvals, consents and orders as may be required under the Blue Sky or securities laws of any state in connection with the offering and sale of the Series 2003 Bonds or approvals, consents and orders: (i) described in the Official Statement as not having been obtained, or (ii) not of material significance to the Initial Project or the issuance of the Series 2003 Bonds or customarily granted in due course after application therefor and expected to be obtained without material difficulty or delay. (g) The Series 2003 Bonds, when issued, authenticated and delivered in accordance with the Resolution and sold to the Underwriters as provided herein and in accordance with the provisions of the Resolution, will be legal, valid and binding obligations of the Issuer, enforceable in accordance with their terms and the terms of the Resolution, and the Resolution will provide, for the benefit of the holders from time to time of the Series 2003 Bonds, a legally valid and binding security interest in and to the Pledged Funds, subject to the provisions of the Resolution permitting the application thereof for the purposes and on the terms and conditions set forth therein. (h) The Preliminary Official Statement was, as of the date thereof, and the Official Statement, at all times subsequent hereto up to and including the date of the Closing will be, true and correct in all material respects and does not contain any untrue statement of a material fact or omit to state a material fact which is necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. In addition, any amendments or supplements to the Official Statement prepared and furnished by the Issuer pursuant hereto will not contain any untrue statement of a material fact or omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. (i) The County has reviewed the information in the Preliminary Official Statement and in the Official Statement, and although it has undertaken no specific, independent investigation other than reviewing, such information and based upon the general knowledge of the Issuer, the Initial Project and the records of the Issuer, no facts have come to the Issuer's attention that would lead the Issuer to believe that the information in the Preliminary Official Statement and in the Official Statement, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. (j) The Series 2003 Bonds, the Resolution, the Ordinance, the Interlocal Agreements, and the Continuing Disclosure Certificate conform in all material respects to the descriptions thereof contained in the Preliminary Official Statement and the Official Statement. (k) Except as contemplated by the Preliminary Official Statement and the Official Statement, since September 30, 2000 the Issuer will not have incurred any material liabilities, direct or contingent, or entered into any material transaction, in each case other than in the ordinary course of its business which has had a material adverse impact on the County, and there shall not have been any material adverse change in the condition, financial or otherwise, of the Issuer or its properties or other assets. (l) Except as disclosed in the Preliminary Official Statement and the Official Statement, there is no action, suit, proceeding, inquiry or investigation, at law or in equity before or by any court, government agency or public board or body, pending or, to the best knowledge of the Issuer, threatened, against or affecting the Issuer or the titles of its officers to their respective offices, or which may affect or which seeks to prohibit, restrain or enjoin the sale, issuance or delivery of the Series 2003 Bonds or the collection of the Pledged Funds pledged to pay the principal of and interest on the Series 2003 Bonds, or which seeks to prohibit, restrain or enjoin the acquisition, equipping and/or improvement of the Initial Project, or which in any way contests or affects the validity or enforceability of the Series 2003 Bonds, the Resolution, the Ordinance, the Interlocal Agreements, this Purchase Contract, the Escrow Agreement, the Reserve Account Insurance Policy Agreement and the Continuing Disclosure Certificate, or any of them, or which seeks to prohibit, restrain, or enjoin the acquisition, equipping and/or improvement of the Initial Project, or which may result in any material adverse change in the business, properties, other assets or financial condition of the Issuer or contests the tax-exempt status of the interest on the Series 2003 Bonds as described in the Preliminary Official Statement and the Official Statement, or which contests in any way the completeness or accuracy of the Preliminary Official Statement or the Official Statement or which contests the power of the Issuer or any authority or proceedings for the issuance, sale or delivery of the Series 2003 Bonds or this Purchase Contract, nor, to the best knowledge of the Issuer, is there any basis therefor, wherein an unfavorable decision, ruling or finding would materially adversely affect the validity or enforceability of the Series 2003 Bonds, the Resolution, the Ordinance, the Interlocal Agreements, the Continuing Disclosure Certificate, the Escrow Agreement, the Reserve Account Insurance Policy Agreement or this Purchase Contract. (m) The Issuer will furnish such information, execute such instruments and take such other action not inconsistent with law in cooperation with the Underwriters as the Underwriters may reasonably request in order (i) to qualify the Series 2003 Bonds for offer and sale under the Blue Sky or other securities laws and regulations of such states and other jur/sdictions of the United States as the Underwriters may designate, and/or (ii) to determine the eligibility of the Series 2003 Bonds for investment under the laws of such states and other jurisdictions, and will use its best efforts to continue such qualifications in effect so long as required for the distribution of the Series 2003 Bonds; provided .that the Issuer shall not be obligated to take any action that would subject it to the general service of process in any state where it is not now so subject and any expense related to the foregoing shall be borne by the Underwriters. (n) The Issuer will advise the Underwriters promptly of any proposal to amend or supplement the Official Statement and will not effect any such amendment or supplement without the consent of the Underwriters. The Issuer wi]l advise the Underwriters promptly of the institution of any proceedings known to it by any governmental agency ~rohibiting or otherwise affecting the use of the Preliminary Official Statement or the Official Statement in connection with the offering, sale or distribution of the Series 2003 Bonds. (o) The Issuer has never been notified of any listing or proposed listing by the Internal Revenue Service ,~o the effect that it is a bond issuer whose arbitrage certifications may not be relied upon. (p) Other than as disclosed in the Official Statement and the Preliminary Official Statement, the Issuer has never failed to comply with any agreement to provide continuing disclosure information pursuant to the Rule. (q) Relating to outstanding debt of the Issuer, there is not an unfunded materially significant arbitrage rebate liability of the Issuer owing the Internal Revenue Service. (r) The County has the authority to acquire, improve, equip, construct, reconstruct, own and operate the Initial Project. (s) Except as disclosed in the Preliminary Official Statement, the County has never failed to take all action required to be taken by it pursuant to the Act in order to remain eligible to receive the Gas Tax Revenues. 7. The Closing. At 9:00 a.m., New York time, on the date of Closing, or at such other time or date to which the Issuer and the Underwriters may mutually agree, the Issuer will, subject to the terms and conditions hereof, deliver the Series 2003 Bonds in book-entry form to the account of the Underwriters, at the offices of The Depository Trust Company ("DTC") in New York, New York, or such other location as determined by the Underwriters and agreed to by the Issuer, duly executed, together with the other documents hereinafter mentioned, and, subject to the terms and conditions hereof, the Underwriters will accept such delivery and pay the aggregate purchase price of the Series 2003 Bonds as set forth in Paragraph I hereof in Federal Funds to the Issuer. The Issuer shall cause CUSIP identification numbers to be printed on the Series 2003 Bonds, but neither the failure to print such number on any Series 2003 Bond nor any error, with respect thereto shall constitute cause for a failure or refusal by the Underwriters to accept delivery of and pay for the Series 2003 Bonds in accordance with the terms of this Purchase Contract. The Closing shall occur at the offices of Nabors, Giblin & Nickerson, Tampa, Florida, or such other place to which the Issuer and the Underwriters shall have mutually agreed. The Series 2003 Bonds shall be made available to the Underwriters no less than 24 hours before the Closing for purposes of inspecting and packaging. The Series 2003 Bonds shall be prepared and delivered as fully registered Series 2003 Bonds registered in such names and denominations as the Underwriters shall so designate to the Issuer and the printer of the Series 2003 Bonds not less than one day prior to the Closing. 8. Closing Conditions. The Underwriters have entered into this Purchase Contract in reliance upon the representations, warranties, covenants and agreements of the Issuer contained herein and in reliance upon the representations, warranties, covenants and agreements to be contained in the documents and instruments to be delivered at the Closing and upon the performance by the Issuer of its obligations hereunder, both as of the date hereof and as of the date of the Closing. Accordingly, the Underwriters' obligations under this Purchase Contract to purchase, to accept delivery of and to pay for the Series 2003 Bonds shall be conditioned upon the performance by the Issuer of its obligations to be performed hereunder, and under such documents and instruments at or prior to the Closing, and ~shall also be subject to-the following additional conditions: (a) The representations, warranties, covenants and agreements of the Issuer contained herein shall be true, complete and corredt on the date hereof and on and as of the date of the Closing, as if made on the date of the Closing; (b) At the time of Closing, the Resolution, the Ordinance, the Interlocal Agreements, ~he Escrow ~greement, the Reserve Account Insurance Policy Agreement and the Continuing Disclosure Certificate shall be in full force and effect and shall not have been amended, modified or supplemented since the date hereof, and the Official Statement as. 8 delivered to the Underwriters on the date hereof shall not have been supplemented or amended, except in any such case as may have been approved by the Underwriters; (c) At the time of the Closing, all official action of the Issuer relating to this Purchase Contract, the Series 2003 Bonds, the Resolution, the Ordinance, the Interlocal Agreements, the Escrow Agreement, the Reserve Account Insurance Policy Agreement and the Continuing Disclosure Certificate taken as of the date hereof shall be in full force and effect and shall not have been amended, modified or supplemented, except for amendments, modifications or supplements which have been approved by the Underwriters prior to the Closing; (d) At the time of the Closing, except as contemplated by the Official Statement, there shall have been no material adverse change in the financial condition of the Issuer; (e) At or prior to the Closing, the Underwriters shall have received copies of each of the following documents: (1) An opinion of Nabors, Giblin & Nickerson, P.A., Tampa, Florida, dated the date of the Closing and addressed to the Issuer, in substantially the form attached as Appendix F to the Official Statement, relating to the exclusion of the interest on the Series 2003 Bonds from the gross income of the holders thereof for purposes of Federal income taxation and such other matters as the Underwriters may reasonably request, a reliance letter pertaining thereto addressed to the Underwriters, and an opinion of Nabors, Giblin & Nickerson, P.A., Tampa, Florida, dated the date of the Closing and addressed to the Issuer and the Underwriters, to the effect that the Prior Bonds have been deemed paid and are no longer outstanding for purposes of the resolution which authorized their issuance; (2) An opinion of Nabors, Giblin & Nickerson, P~A., Tampa, Florida, dated the date of the Closing and addressed to the Underwriters, in such form as is mutually and reasonably acceptable to the Issuer, the Underwriters and Bond Counsel, (i) to the effect that the statements contained in the Official Statement under the captions "INTRODUCTION," (other than the information under the subheadings "General," "The County," "Purpose of the Series 2003 Bonds," "Bond Insurance Policy," "Continuing Disclosure," and "Additional Information"), "AUTHORITY FOR ISSUANCE," "PLAN OF REFUNDING," "THE INITIAL PROJECT," "DESCRIPTION OF THE SERIES 2003 BONDS" (other than the information thereunder relating to DTC and its system of book-entry registration), "SECURITY FOR THE BONDS," "GAS TAX REVENUES," and "TAX EXEMPTION," insofar as such information purports to summarize portions of the Resolution, the Ordinance, the Interlocal Agreements, the Series 2003 Bonds, Federal tax law, and the Act constitute a fair summary of the information purported to be summarized therein (all such opinions referred to in this clause (i) exclude financial, statistical and demographic information contained in such Official Statement), (ii) to the effect that the Series 2003 Bonds are exempt from the registration requirements of the Securities Act of 1933, as amended, and (iii) to the effect that the Resolution is exempt from qualification under the Trust Indenture Act of 1939, as amended. (3) An opinion, dated the date of the Closing and addressed to the Issuer, the Underwriters, Bond Counsel and Disclosure Counsel of David C. Weigel, Esq., County Attorney, i~ substantially the form attached hereto as Exhibit C; 9 (4) An opinion, dated the date of the Closing and addressed to the Issuer and the Underwriters, of counsel for the Insurer and/or a certificate of the Insurer, in such form as is mutually and reasonably acceptable to the Issuer and the Underwriters; (5) An opinion, dated the date of the Closing and addressed to the Issuer, of Bryant, Miller and Olive, P.A., Tampa, Florida, Disclosure Counsel, in form and substance satisfactory to the Issuer, and a reliance letter pertaining thereto addressed to the Underwriters; (6) A certificate dated the date of Closing and signed by the Chairman or Vice Chairman of the Issuer, or such other official satisfactory to the Underwriters, and in form and substance satisfactory to the Underwriters, to the effect that (A) the representations, warranties and covenants of the Issuer contained herein are true and correct to the best of his knowledge and belief in all material respects and are complied with as of the date of Closing, and (B) the Chairman or Vice Chairman has no knowledge or reason to believe that the Official Statement as of its date, and as of the date of Closing, other than the information concerning the Insurer and DTC, as to factual matters, contains any untrue statement of a material fact or omits to state a material fact which should be included therein for the purposes for which the Official Statement is to be used, or which is necessary in order to make the statements contained therein, in light of the circumstances in which they were made, not misleading, and (C) the Issuer has always maintained eligibility under applicable law to receive the Gas Tax Revenues (as that term is defined in the Resolution). (7) Certified copies of the Resolution and the Ordinance. (8) Executed copies of the Interlocal Agreements, the Continuing Disclosure Certificate, the Escrow Agreement, this Purchase Contract and the Reserve Account Insurance Policy Agreement; (9) A true and correct copy of the Insurer's municipal bond insurance policy insuring payment of the Series 2003 Bonds and the Reserve Account Insurance Policy; (10) Evidence of a rating from Fitch Ratings ("Fitch") of "AAA," Moody's Investors Service ("Moody's") of "AAA" and Standard & Poor's, Inc. ("S&P") of "Aaa" on the Series 2003 Bonds based on the municipal bond insurance policy to be issued by the Insurer, and evidence of published underlying ratings by "__,'.' "__" and ". " of Fitch, Moody's and S&P, respectively, to the Series 2003 Bonds without regard to the issuance of such a municipal bond insurance policy; (11) A certificate of KPMG LLP (the "Auditor"), consenting to the inclusion of the audited financial statements of the County in the Official Statement and covering such other matters as may be reasonably requested by the Issuer and the Underwriters; (12) A certificate of an authorized representative of (the "Bank"), as Registrar, Paying Agent and Escrow Agent, in a form acceptable to the Issuer and the Underwriters; (13) Certificates of the Canvassing Board of Collier County, Florida, regarding the results of any and all referenda relating to the Gas Taxes; ~ ~ /o~ 10 (14) the verification report regarding the defeasance of the Prior Bonds of , and (15) Such additional legal opinions, certificates, instruments and other documents as the Underwriters may reasonably request. All of the evidence, opinions, letters, certificates, instruments and other documents mentioned above or elsewhere in this Purchase Contract shall be deemed to be in compliance with the provisions hereof if, but only fi, they are in form and substance satisfactory to the Underwriters with such exceptions and modifications as shall be approved by the Senior Managing Underwriter and as shall not in the opinion of the Senior Managing Underwriter materially impair the investment quality of the Series 2003 Bonds. If the Issuer shall be unable to satisfy the conditions to the obligations of the Underwriters to purchase, to accept delivery of and to pay for the Series 2003 Bonds contained in this Purchase Contract, or if the obligations of the Underwriters to purchase, to accept delivery of and to pay for the Series 2003 Bonds shall be terminated for any reason permitted by this Purchase Contract, this Purchase Contract shall terminate and neither the Underwriters nor the Issuer shall be under any further obligation.hereunder, except that the Issuer shall return the good faith check referred to in Paragraph 5 and the respective obligations of the Issuer and the Underwriters set forth in Paragraph 10 hereof shall continue in full force and effect. 9. Termination~ The Underwriters may terminate this Purchase Contract, without liability therefor, by notification to the Issuer, if at any time subsequent to the date of this Purchase Contract at or prior to the Closing: (a) Legislation shall be enacted by the Congress of the United States, or a bill introduced (by amendment or otherwise) or favorably reported or passed by either the House of Representatives or the Senate of the Congress of the United States or any committee of the House or Senate, or a conference committee of such House and Senate makes a report (or takes any other action), or a decision by a court of the United States or the Tax Court of the United States shall be rendered, or a ruling, regulation or fiscal action shall be issued or proposed by or on behalf of the Treasury Department of the United States, the Internal Revenue Service or other governmental agency with respect to or having the purpose or effect of changing directly or indirectly the federal income tax consequences of interest on the Series 2003 Bonds in the hands of the holders thereof (including imposition of a not previously existing minimum federal tax which includes tax-exempt interest in the calculation of such tax), which materially adversely affects the market price or the marketability of the Series 2003 Bonds. Co) Any legislation, rule or regulation shall be introduced in, or be enacted by any department or agency in the State, or a decision by any court of competent jurisdiction within the State shall be rendered which materially adversely affects the market for the Series 2003 Bonds or the sale, at the contemplated offering prices, by the Underwriters of the Series 2003 Bonds to be purchased by them. (c) Any' amendment to the Official Statement is proposed by the Issuer or deemed necessary by Bond Counsel or Disclosure Counsel or the Underwriters pursuant to Section 2(c) hereof which materially adversely affects the market for the Series 2003 Bonds or the sale, at the contemplated offering prices, by the Underwriters of the Series 2003 Bonds to be purchased by them. ' · 11 (d) Any fact shall exist or any event shall have occurred which makes the Preliminary Official Statement, in the form as originally approved by the Board of County Commissioners of the County, contain an untrue statement of a material fact or omit to state a mater/al fact necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading. (e) There shall have occurred any outbreak or escalation of hostilities or any national or international calamity or crisis, financial or otherwise, including a general suspension of trading on any national securities exchange which (i) materially adversely affects the market for the Series 2003 Bonds or the sale of the Series 2003 Bonds, at the contemplated offering prices, by the Underwriters or (ii) causes a material disruption in the municipal bond market and as, in the judgment of the Underwriters, would make it impracticable for them to market the Series 2003 Bonds or to enforce contracts for the sale of the Series 2003 Bonds. (f) Legislation shall be enacted or any action shall be taken by, or on behalf of, the Securities and Exchange Commission which has the effect of requiring the contemplated distribution of the Series 2003 Bonds to be registered under the Securities Act of 1933, or any laws analogous thereto relating to governmental bodies, and compliance therewith cannot be accomplished prior to the Closing. (g) A general banking moratorium shall have been declared by the United States, New York or Florida authorities which materially adversely affects the market for the Series 2003 Bonds or the sale, at the contemplated offering prices, by the Underwriters of the Series 2003 Bonds to be purchased by them. (h) Any national securities exchange, or any governmental authority, shall impose, as to the Series 2003 Bonds or obligations of the general character of the Series 2003 Bonds, any material restrictions not now in force, or increase materially those now in force, with respect to the extension of credit by, or the charge to the net capital requirements of, the Underwriters. (i) Any rating of the Series 2003 Bonds shall have been downgraded or withdrawn by a national rating service, which materially adversely affects the market for the Series 2003 Bonds or the sale, at the contemplated offering prices, by the Underwriters of the Series 2003 Bonds to be purchased by them; or any proceeding shall be pending or threatened by the Securities and Exchange Commission against the Issuer. (j) The Insurer shall inform the Issuer or the Underwriters that it will not ensure payment of the principal Of or interest on the Series 2003 Bonds as described in the Official Statement or that it will not deliver the Reserve Account Insurance Policy. 10. Expenses. The Underwriters shall be under no obligation to pay, and the Issuer shall pay, any expenses incident to the performance of the obligations of the Issuer hereunder including, but not limited to: (a) the cost of preparation, printing or other reproduction of the Resolution; (b) the cost of preparation and printing of the Series 2003 Bonds; (c) the fees and disbursements of Bond Counsel and DisclosureCo unsel;. (d) the fees and disbUrsements of the financial advisor to the Issuer; (e) the fees and disbursements of any experts, consultants or advisors retained by the Issuer, including fees of the auditor, the verification agent, and the Paying Agent and Registrar; (f) fees for bond ratings; (g) the premium for municipal bond insurance and the reserve account insurance policy; (h) the costs of preparing, printing and delivering a reasonable number of copies of the Preliminary Official Statement and the Official Statement and any supplements or amendments to either of them, (i) the cost of preparing, printing and delivery of any agreements.. among the Underwriters; (j) the cost of preparing, printing and delivery of this Purchase Contract; and (k) the cost of all "blue sky" memoranda and related filing fees. The Underwriters shallp ay: (a) allad vertising expenses; and (b) all other expenses incurred by them or any of them in connection with the public offering of the Series 2003 Bonds, including the fees and disbursements of counsel retained by them, but not including the costs identified in (i) of the immediately preceding paragraph. In the event that either party shall have paid obligations of the other as set forth in this Section 10, adjustment shall be made at the time of the Closing. 11. Notices. Any notice or other communication to be given to the Issuer under this Purchase Contract may be given by delivering the same in writing at its address set forth above, and any notice or other communication to be given to the Underwriters may be given by delivering the same in writing to Morgan Stanley & Co. Incorporated, 200 South Orange Avenue, Suite 1440, Orlando, Florida 32801, Attention: Executive Director. 12. Parties in Interest. This Purchase Contract is made solely for the benefit of the Issuer and the Underwriters and no other party or person shall acquire or have any right hereunder or by virtue hereof. All representations, warranties, covenants and agreements in this Purchase Contract shall remain operative and in full force and effect, regardless of: (i) any investigations made by or on behalf ora ny of the Underwriters; (ii) the delivery of the Series 2003 Bonds pursuant to this Purchase Contract; or (iii) any termination of this Purchase Contract but only to the extent provided by the last part of Section 8 hereof. 13. Waiver. Notwithstanding any provision herein to the contrary, the performance of any and all obligations of the Issuer hereunder and the performance of any and all conditions contained herein for the benefit of the Underwriters may be waived by the Senior Managing Underwriter, in its sole discretion, and the approval of the Senior Managing Underwriter when required hereunder or the determination of their satisfaction as to any document referred to herein shall be in writing, signed by appropriate officer or officers of the Senior Managing Underwriter and delivered to the Issuer. [Remainder of page intentionally left blank] i 14. Effectiveness. This Purchase Contract shall become effective upon the execution of the acceptance hereof by the Chairman or Vice Chairman of the Board of County Commissioners and shall be valid and enforceable at the time of such acceptance. 15. Counterparts. This Purchase Contract may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute one and the same document. 16. Headings. The headings of the sections of this Purchase Contract are inserted for convenience only and shall not be deemed to be a part hereof. 17. Florida Law Governs. The validity, interpretation and performance of this Purchase Contract shall be governed by the laws of the State of Florida. Very truly yours, MORGAN STANLEY & CO. INCORPORATED By:. Name: Coleman W. Cordell Its: Executive Director Accepted by: ~COLLIER COUNTY, FLORIDA By:. Chairman of the Board of County Commissioner 14 EXHIBIT A AMOUNTS, MATURITIES, INTEREST RATES AND PRICES OR YIELDS $84,495,000~' Serial Bonds Amount* $1,485,000 5,870,000 6,015,000 6,165,000 6,320,000 6,475,000 6,640,000 6,820,000 Maturity Interest Price or Maturity (June 1)* Rate Yield Amount* (June 1)* 2003 6,080,000 2011 2004 6,275,000 2012 2005 6,495,000 2013 2006 6,725,000 2014 2007 6,980,000 2015 2008 3,015,000 2016 2009 3,135,000 2017 2010 $22,060,000* __% Term Bonds due June 1, 2023 - Yield Interest Price or Rate Yield *Preliminary, subject to change. Exhibit A- 1 REDEMPTION PROVISIONS Optional Redemption The Series 2003 Bonds maturing on or before June 1, 20__ are not subject to optional redemption prior to maturity. The Series 2003 Bonds maturing on and after June 1, 20__ are subject to redemption at the option of the County in whole or in part, at any time,o n or after June 1, 20m in such order of maturities as may be determined by the County (less than all of a single maturity to be selected by lot) at a redemption price (expressed as a percentage of principal amount) as set forth in the table below, together with accrued interest to the date set for redemption: Redemption Period (Both Dates Inclusive) Redemption Price June 1, 20__ to May 31, 20__ June 1, 20__ to May 31, 20__ June 1, 20__ and thereafter Mandatory Redemption The Series 2003 Bonds maturing on June 1, 20__, are subject to mandatory sinking fund redemption, prior to maturity in part, by lot on June 1, 20__ and on each June i thereafter, at a redemption price equal to the principal amount of such Series 2003 Bonds or portions thereof to be redeemed, plus interest accrued thereon to the date of redemption, on June I in the following years and in the following Amortization Installments: Year Amortization Installments 20__ 20__ 20__ 20__ 20__ 20__ 20__* *Maturity Mandatory Redemption [TO COMEI Exhibit A-2 EXHIBIT A AMOUNTS, MATURITIES, INTEREST RATES AND PRICES OR YIELDS $84,495,000* Serial Bonds Amount~ $1,485,000 5,870,000 6,015,000 6,165,000 6,320,000 6,475,000 6,640,000 6,820,000 Maturity Interest Price or Maturity (June 1)* Rate Yield Amount~ (June 1)~ 2003 6,080,000 2011 2004 6,275,000 2012 2005 6,495,000 2013 2006 6,725,000 2014 2007 6,980,000 2015 2008 3,015,000 2016 2009 3,135,000 2017 2010 $22,060,000* % Term Bonds due June 1, 2023 - Yield Interest Price or Rate Yield ~Preliminary, subject to change. Exhibit A- 1 REDEMPTION PROVISIONS Optional Redemption The Series 2003 Bonds maturing on or before June 1, 20__ are not subject to optional redemption prior to maturity. The Series 2003 Bonds maturing on and after June 1, 20__ are subject to redemption at the option of the County in whole or in part, at any time,o n or after June 1, 20__ in such order of maturities as may be determined by the County (less than all of a single maturity to be selected by lot) at a redemption price (expressed as a percentage of principal amount) as set forth in the table be]ow, together with accrued interest to the date set for redemption: Redemption Period (Both Dates Inclusive) Redemption Price June 1, 20__ to May 31, 20__ June 1, 20__ to May 31, 20__ June 1, 20__ and thereafter Mandatory Redemption The Series 2003 Bonds maturing on June 1, 20__, are subject to mandatory sinking fund redemption, prior t° maturity in part, by lot on June 1, 20__ and on each June i thereafter, at a redemption price equal to the principal amount of such Series 2003 Bonds or portions thereof to be redeemed, plus interest accrued thereon to the date of redemption, on June i in the following years and in the following Amortization Installments: Year Amortization Installments 20__ 20__ 20__ 20__ 20__ 20__ 20__* *Maturity Mandatory Redemption [TO COME] Exhibit A-2 EXHIBIT B $ COLLIER COUNTY, FLORIDA Gas Tax Revenue Bonds, Series 2003 DISCLOSURE STATEMENT ,2003 Board of County Comm/ssieners of Collier County, Florida Naples, Florida Ladies and Gentlemen: In connection with the proposed issuance by Collier County, Florida (the "Issuer") of the issue of bonds referred to above (the "Series 2003 Bonds") Morgan Stanley & Co. Incorporated, on behalf of itself and A.G. Edwards & Sons, Inc. (collectively, the "Underwriters"), have agreed to underwrite a public offering of the Series 2003 Bonds. Arrangements for underwriting the Series 2003 Bonds will include a PUrchase Contract between the Issuer and the Underwriters. The purpose of this letter is to furnish, pursuant to the provisions of Sections 218.385(2), (3) and (6), Florida Statutes, certain ~nformation in respect to the arrangement contemplated for the underwriting of the Series 2003 Bonds as follows: (a) The nature and estimated amount of expenses to be incurred by the Underwriters in connection with the issuance of the Series 2003 Bonds are set forth on Schedule I attached hereto. (b) There are no "finders," as that term is defined in Section 218.386, Florida Statutes, connected with the issuance of the Series 2003 Bonds. (c) The amount of the Underwriter's discount expected to be realized with respect to the Series 2003 Bonds is $.__ per $1,000 ($. ) which includes $.__ per $1,000 ($ ) for underwriting risk, $.__ per $1,000 ($ ) for average takedown, $__ per $1,000 ( ) for expenses and $.__ per $1,000 ($ ) for management fee. (d) No other fee, bonus or other compensation is estimated to be paid by the Underwriters in connection with the issuance of the Series 2003 Bonds to any person not regularly employed or retained by the Underwriters. (e) The name and address of the Underwriters are set forth below: Morgan Stanley & Co. Incorporated 200 South Orange Avenue, Suite 1440 Orlando, Florida 32801 Exhibit B- 1 A.G. Edwards & Sons, Inc. 1900 Glades Road, Suite 270 Boca Raton, Florida 33431 Raymond James & Associates, Inc. 220 Congress Park Drive, Suite 240 Delray Beach, FL 33445 (f) The Issuer is proposing to issue the Series 2003 Bonds for the purpose of providing funds, together with other legally available funds of the County, to (i) finance the costs of acquisition, construction, and reconstruction of roads and bridges and other transportation improvements within the County, (ii) refund, on a current basis, all of the County's outstanding Road Improvement Revenue Bonds, Series 1995 (the "Prior Bonds'"'), as further described herein, and (iii) pay certain costs of issuance of the Series 2003 Bonds, including the municipal bond insurance premium and the reserve account insurance policy premium. The Series 2003 Bonds are expected to be repaid over a period of approximately __ years (from the date of Closing). At an all-inclusive true interest cost rate of __.%, total interest paid over the life of the Series 2003 Bonds will be $. Pursuant to Resolution No. 03- adopted by the Board of County Commissioners of the County (the "Board") on ., 2003, as amended and supplemented from time to time, and as particularly supplemented by Resolution No. 03- adopted by the Board of County Commissioners of the County on , 2003 (collectively, the "Resolution"), the Series 2003 Bonds are payable from and secured by a lien upon the proceeds of the Gas Tax Revenues (as such term is defined and described in the Resolution), and distributed to the County under the Act (as defined in the Resolution) and certain other amounts as described in the Resolution (collectively, the "Pledged Funds"). Subject to the satisfaction of certain requirements in the Resolution, the County may release the lien on one or more cents of the Gas Tax Revenues. [Remainder of page intentionally left blank] Exhibit B-2 We understand that the Issuer does not require any further disclosure from Underwriters, pursuant to Sections 218.385(2), (3) and (6), Florida Statutes. Very truly yours, MORGAN STANLEY & CO. INCORPORATED the By: Name: Coleman W. Cordell Its: Executive Director Exhibit B-3 SCHEDULE I ESTIMATED EXPENSES TO BE INCURRED BY UNDERWRITERS Per $1,000 Bond Dollar Amount $ $ Total *Total varies due to rounding Schedule I- 1 EXHIBIT C FORM OF OPINION OF COUNTY ATTORNEY ,2003 Board of County Commissioners of Collier County, Florida Naples, Florida Morgan Stanley & Co. Incorporated Orlando, Florida A.G. Edwards & Sons, Inc. Boca Raton, Florida Bryant, Miller and 0live, P.A. Tampa, Florida Raymond James & Associates, Inc. Delray Beach, Florida [Insurer] [TBD] Re: $ Collier County, Florida Gas Tax Revenue Bonds, Series 2003 Dear Sir: This letter shall serve as the opinion of the County Attorney of Collier. County, Florida (the "Issuer") pursuant to Section 8(e)(3) of the Purchase Contract, dated ,20__ (the "Purchase Contract") between the Issuer and Morgan Stanley & Co. Incorporated, on belxalfo f itself and A.G. Edwards & Sons, Inc. I have participated in various proceedings in connection with the issuance by the Issuer of $ aggregate principal amount of Collier County, Florida Gas Tax Revenue Bonds, Series 2003 (the "Series 2003 Bonds"). The Series 2003 Bonds are being issued pursuant to Resolution No.03 -__ adopted by the Board of County Commissioners of the County (the "Board") on , 2003, as amended and supplemented from time to time, and as particularly supplemented by Resolution No. 03-__ adopted by the Board on ., 2003 (collectively, the "Resolution"). All terms not otherwise"defmed herein shall have the meanings ascribed thereto in the Purchase Contract or the Resolution. I am of the opinion that: The Issuer is a political subdivision of the State of Florida, duly organized and validly existing and has full legal right, power and authority to adopt and perform its obligations under.the Resolution, to enact and perform its obligations under the Ordinance, and to authorize, execute and deliver and to perform its obligations under the Continuing Disclosure Certificate, the Interlocal Agreements, the Escrow Agreement, the Reserve Account Insurance Policy Agreement and the Purchase Contract. 2. The Issuer has duly adopted the Resolution, has duly enacted the Ordinance, and has duly authorized, executed and delivered the Purchase Contract, the Inter]ocal Agreements, the Escrow Agreement, and the Continuing Disclosure Certificate, and assuming the due authorization, execution and delivery of the Purchase Contract, the Escrow Agreement and the Reserve Account Insurance Policy Agreement by the other parties thereto, such instruments constitute legal, binding and valid obligations of the Issuer, enforceable in accordance with their terms; provided, however, the enforceability thereof may be subject to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights generally and subject, as to enforceability, to general principles of equity and the exercise of judicial discretion. 3. With respect to the informationin the Official Statement and based upon my participation in the preparation of the Official Statement as County Attorney, I have no reason to beheve that the Official Statement (except for the financial and statistical data contained therein, and the information relating to the Insurer and DTC, as to which no view need be expressed), as to legal matters, contains any untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they were made, not misleading. 4. The use of the Preliminary Official Statement by the Underwriters for the purpose of offering the Series 2003 Bonds has been duly authorized and ratified by the Issuer. 5. The Official Statement has been duly authorized, executed and delivered by the Issuer, and the Issuer has consented to the use and distribution thereof by the Underwriters. 6. The adoption of the Resolution, the enactment of the Ordinance, and the autherization, execution and delivery of the Continuing Disclosure Certificate, the Interlocal Agreements, the Purchase Contract, the Escrow Agreement, the Reserve Account Insurance Policy Agreement and the Series 2003 Bonds, and compliance with the provisions hereof and thereof, will not conflict with, or constitute a breach of or default under, any law, administrative regulation, consent decree, ordinance, resolution or any agreement or other instrument to which the Issuer is subject nor will such enactment, adoption, execution, delivery, authorization or compliance result in the creation or imposition of any lien, charge or other security interest or encumbrance of any nature whatsoever upon any of the property or assets of the Issuer, or under the terms of any law, administrative regulation, ordinance, resolution or instrument, except as expressly provided by the Resolution. 7. All approvals, consents, authorizations and orders of any governmental authority or agency having jurisdiction in any matter which would constitute a condition precedent to the performance by the Issuer of its obligations hereunder and under the Resolution and the Ordinance have been obtained and are in full force and effect. 8. The Issuer is lawfully empowered to pledge' the Pledged Funds to the extent provided in the Resolution. 9. The County has the authority to acquire, improve, equip, construct, reconstruct, own and operate the Initial Project. : ....... ~ ....... : Exhibit C-2 'i 10. Except as disclosed in the Official Statement, to my knowledge after due inquiry, as of the date hereof, there is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, government agency, public board or body, pending or, to the best of my knowledge, threatened against the Issuer, affecting or seeking to prohibit, restrain or enjoin the sale, issuance or delivery of the Series 2003 Bonds or the acquisition, equipping and/or improvement of the Initial Project or the collection of the Pledged Funds to pay the principal of, premium, if any, and interest on the Series 2003 Bonds, or contesting or affecting as to the Issuer the validity or enforceability of the Act in any respect relating to authorization for the issuance of the Series 2003 Bonds, the Resolution, the Ordinance, the Interlocal Agreements, the Continuing Disclosure Certificate, the Escrow Agreement, the Reserve Account Insurance Policy Agreement or the Purchase Contract, or contesting the tax-exempt status of interest on the Series 2003 Bonds, or contesting the completeness or accuracy of the Official Statement or any supplements or amendments thereto, or contesting the powers of the Issuer or any authority for the issuance of the Series 2003 Bonds, the adoption of the Resolution, the enactment of the Ordinance, or the execution and delivery by the Issuer of the Purchase Contract, the Interlocal Agreements, the Escrow Agreement, the Reserve Account Insurance Policy Agreement or the Continuing Disclosure Certificate; notwithstanding the foregoing, I am not expressing any opinion on the applicability of the any approvals, consents and orders as may be required under the Blue Sky or securities laws or legal investment laws of any state in connection with the offering and sale of the Series 2003 Bonds or on connection with the registration of the Series 2003 Bonds under the Federal securities laws. Respectfully submitted, David C. Weigel, Esq. County Attorney J:\Bonds\439901XPc3. doc January 28, 2003 Exhibit C-3 EXHIBIT B FORM OF PRELIMINARY OFFICIAL STATEMENT Electronic Distribution of the Preliminary Official Statement Disclaimer Language $106,555,000' COLLIER COUNTY, FLORIDA Gas Tax Revenue Bonds, Series 2003 DISCLAIMER Electronic access to the following Preliminary Official Statement (including the information incorporated by reference) is being provided to you as a matter of convenience only. The only official version of the Preliminary Official Statement is the printed version available for physical delivery. Although the information contained in the following Preliminary Official Statement has been formatted in a manner that should exactly replicate the printed Preliminary Official Statement, physical appearance may differ for various reasons, including electronic communication difficulties or particular user equipment. In order to assure accuracy, users should obtain a copy of and refer to the printed Preliminary Official Statement. The user of this Preliminary Official Statement assumes the risk of any discrepancies between the printed Preliminary Official Statement and the electronic version of this document. Copies of the printed Preliminary Official Statement may be obtained f~om: William R. Hough & Co. 100 Second Avenue South, Suite 800 St. Petersburg, Florida 33701 Tel: 727-895-8880 Email: pdixon@hough.com Attention: Peg Dixon This Preliminary Official Statement and the information contained herein are subject to completion or amendment without notice. The posting of this Preliminary Official Statement does not constitute an offer to sell or the solicitation of an offer to buy, nor shall there be any sale of the securities described in the Preliminary Official Statement in any jurisdiction in which such offer, solicitation or sale would be unlawful prior to the registration or qualification under the securities laws of any such jurisdiction. By choosing to download and view this electronic Preliminary Official Statement you are acknowledging that you (i) have read, understood and accepted the terms of this Disclaimer, (ii) consented to the delivery of the Preliminary Official Statement in electronic form, (iii) accepted the risk of errors in the transmission or printing thereof, (iv) agreed not to print the Preliminary Official Statement except in its entirety, and (v) agreed not to transmit electronic copies of the Preliminary Official Statement. *Preliminary, subject to change. --:..._ III PRELIMINARY OFFICIAL STATEMENT DATED .,2003 NEW ISSUE -BOOK ENTRY ONLY In the opinion of Nabors, Giblin & Nickerson, P.A., Tampa, Florida, Bond Counsel, interest on the Series 2003 Bonds (as hereinafter defined) is, under existing statutes, regulations, rulings and court decisions: (a) excludable from gross income for federal income tax purposes except as otherwise described herein under the caption "TAX EXEMPTION" and (b) not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations. Such interest, however, will be includable in the calculation ora corporation's alternative minimum taxable income and may be subject to other federal income tax consequences referred to herein under the caption "TAX EXEMPTION." Bond Counsel is further of the opinion that the Series 2003 Bonds and the interest thereon are exempt from all present intangible personal property taxes imposed pursuant to Chapter 199, Florida Statutes. See "TAX EXEMPTION" herein for a discussion of Bond Counsel's opinion, including a discussion of the corporate alternative minimum tax. $106,555,000* COLLIER COUNTY, FLORIDA Gas Tax Revenue Bonds, Series 2003 Dated: Date of Delivery Due: June 1, as shown below The Gas Tax Revenue Bonds, Series 2003 (the "Series 2003 Bonds") are being issued by Collier County, Florida (the "County") as fully registered bonds, which initially will be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ("DTC"). Individual purchases will be made in book-entry form only through Participants (defined herein) in denominations of $5,000 and integral multiples thereof. Purchasers of the Series 2003 Bonds (the "Beneficial Owners") will not receive physical delivery of certificates. Transfers of ownership interests in the Series 2003 Bonds will be effected through the DTC book-entry system as described herein. As long as Cede & Co. is the registered owner as nominee of DTC, principal and interest payments will be made directly to such registered owner which will in turn remit such payments to the Participants (as defined herein) for subsequent disbursement to the Beneficial Owners. Interest on the Series 2003 Bonds is payable on June 1, 2003 and semiannually on each December I and June i thereafter. Principal of, premium, if any, and interest on the Series 2003 Bonds will be payable by [Fifth Third Bank, Cincinnati, Ohio], as Paying Agent and Registrar. The Series 2003 Bonds are subject to optional and mandatory redemption prior to their stated maturities as described herein. The Series 2003 Bonds are being issued pursuant to and under the authority of Chapter 125, Florida Statutes, Sections 206.60, 336.021 and 336.25, Florida Statutes; Ordinance No. 03- of the Board of County Commissioners of the County (the "Board") enacted on February , 2003 (the "Home Rule Ordinance"); the ordinances enacted from time to time by the Board which impose the Gas Taxes (as such term is defined and described herein), including but not limited to, Ordinance No. 80-50 of the Board enacted on June 3, 1980, Ordinance No. 80-51 of the Board enacted on June 3, 1980, Ordinance No. 99-40 of the Board enacted on May 25, 1999, Ordinance No. 93-48 of the Board enacted on August 3, 1993 as amended by Ordinance No. 2001-26 of the Board enacted on May 8, 2001 (collectively, the "Gas Tax Ordinances"), each as amended and supplemented from time to time (the Home Rule Ordinance and the Gas Tax Ordinances, collectively, the "Ordinance"); any interlocal agreements as between the County and a municipality located in the County relating to distribution of any of the Gas Taxes, including, but not limited to the interlocal agreement relating to the Six Cents Local Option Gas Tax, between the County and the City of Naples, dated May 2~, 1999~ as the same be amended or supplemented from time to time, [the interlocal agreement, relating to the Five Cents Local Option Gas Tax, between the County and , dated , as the same may be amended or supplemented from time to time] (collectively, the "Interlocal Agreements") and other applicable provisions of law (collectively, the "Act"); and under and pursuant to Resolution No. 03- adopted by the Board on , 2003, as amended and supplemented from time to time, and as particularly supplemented by Resolution No. 03-__ adopted by the Board on ., 2003 (collectively, the "Resolution"). The Series 2003 Bonds are being issued for the purpose of providing funds, together with other legally available funds of the County, to (i) finance the costs of acquisition, construction, and reconstruction of roads and bridges and other transportation improvements within the County, (ii) refund, on a current basis, all of the County's outstan&ng Road Improvement Revenue Bonds, Series 1995 (the "Prior Bonds""), as further described herein, and (iii) pay certain costs of issuance of the Series 2003 Bonds, including the municipal bond insurance premium and the reserve account insurance policy premium. The Series 2003 Bonds are payable from and secured by a lien upon the proceeds of the Gas Tax Revenues (as such term is defined and described herein) distributed to the County under the Act and certain other funds and accounts as described herein (collectively, the "Pledged Funds"). Subject to the satisfaction of certain requirements in the Resolution, the County may release the lien on one or more cents of the Gas Tax Revenues. See "SECURITY FOR THE BONDS" and "GAS TAX REVENUES" herein. The County may issue Additional Bonds on a parity with the Series 2003 Bonds, subject to compliance with certain conditions set forth in the Resolution. See "SECURITY FOR THE BONDS - Additional Bonds" herein. The Series 2003 Bonds shall not be or constitute general obligations or indebtedness of the County as bonds within the meaning of any constitutional or statutory provision, but shall be special obligations of the County, payable solely from and secured by a lien upon and pledge of the Pledged Funds in accordance with the terms of the Resolution. No Holder of any Series 2003 Bond or any Insurer (as such term is defined in the Resolution) shall ever have the right to compel the exercise of any ad valorem taxing power to pay such Series 2003 Bond, or be entitled to payment of such Series 2003 Bond from any moneys of the County except from the Pledged Funds in the manner provided in the Resolution. This cover page contains certain information for quick reference only. It is not, and is not intended to be, a summary of the issue. Investors must read the entire Official Statement to obtain information essential to the making of an informed investment decision. . Concurrently with the issuance of the Series 2003 Bonds, a bond insurance policy which unconditionally guarantees the payment of that portion of the principal of and interest on the Series 2003 Bonds which becomes due for payment, but shall be unpaid by reason of nonpayment by the County will be issued by [Insert Insurer Logo] AMOUNTS, MATURITIES, INTEREST RATES, PRICES OR YIELDS AND INITIAL CUSIP NUMBERS $84,495,000* Serial Bonds Initial Maturity Interest Price or Cusip Maturity Interest Price or Amount* (June 1).* Rate yield Numbers Amount* (June 1)* Rate Yield $1,485,000 2003 6,080,000 2011 5,870,000 2004 6,275,000 2012 6,015,000 2005 6,495,000 2013 6,165,000 2006 6,725,000 2014 6,320,000 2007 6,980,000 2015 6,475,000 2008 3,015,000 2016 6,640,000 2009 3,135,000 2017 6,820,000 2010 $22,060,000* Term Bonds due June 1, 2023* - Price or Yield __ % -- Initial Cusip Number The Series 2003 Bonds are offered when, as and if issued and received by the Underwriters, subject to the approval as to legality by Nabors, Giblin & Nickerson, P.A., Tampa, Florida, Bond Counsel Certain legal matters will be passed on for the County by David C. Weigel, Esq., County Attorney, and by Bryant, Miller and Olive, P.A., Tampa, Florida, Disclosure Counsel. William R. Hough & Co., Naples, Florida is acting as Financial Advisor to the County. Schifino & Fleischer, Tampa, Florida, is acting as counsel to the Underwriters. It is expected that the Series 2003 Bonds will be delivered to the facilities of DTC in New York, New York on or about ,2003. Initial Cusip Numbers A.G. EDWARDS & SONS. INC MORGAN STANLEY RAYMOND JAMES & ASSOCIATES, INC. *Preliminary, subject to change. RED HERRING LANGUAGE: This Preliminary Official Statement and the information contained herein are subject to completion or amendment. Under no circumstances shall this Preliminary Official Statement constitute an offer to sell or a solicitation of an offer to buy, nor shall there be any sale of the Series 2003 Bonds in any jurisdiction in which such offer, solicitation or sale would be unlawful prior to registration, qualification or exemption under the securities laws of such jurisdiction. The County has deemed this Preliminary Official Statement "final," except for certain permitted omissions, within the contemplation of Rule 15c2-12 promulgated by the Securities and Exchange Commission. COLLIER COUNTY, FLORIDA Government Complex 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8097 BOARD OF COUNTY COMMISSIONERS Tom Henning, Chairman Donna Fiala, Vice Chairman Jim Coletta, Commissioner Fred W. Coyle, Commissioner Frank Halas, Commissioner COUNTY MANAGER James V. Mudd CLERK OF THE CIRCUIT COURT OF COLLIER COUNTY AND CHIEF FINANCIAL OFFICER Dwight E. Brock, Esq. DIRECTOR OF FINANCE AND ACCOUNTING James L. Mitchell, CIA, CFE, CBA COUNTYATTORNEY David C. Weigel, Esq. BOND COUNSEL Nabors, Giblin & Nickerson, Tampa, Florida DISCLOSURE COUNSEL Bryant, Miller and Olive, P.A. Tampa, Florida FINANCIAL ADVISOR William R. Hough & Co. NaPles, Florida" INDEPENDENT AUDITORS KPMG LLP ~t. Petersburg, Florida No dealer, broker, salesman or other person has been authorized by the County to give any information or to make any representations in connection with the Series 2003 Bonds other than as contained in this Official Statement, and, ff given or made, such information or representations must not be relied upon as having been authorized by the County. This Official Statement does not constitute an offer to sell or the solicitation of an offer to buy, nor shall there be any sale of the Series 2003 Bonds by any person in any jurisdiction in which it is unlawful for such person to make such offer, solicitation or sale. The information set forth herein has been obtained from the County, The Depository Trust Company, ., and other sources which are believed tobe reliable, but is not guaranteed as to accuracy or completeness, and is not to be construed as a representation by the County with respect to any information provided by others. The Underwriters listed on the cover page hereof have reviewed the information in this Official Statement in accordance with and as part of their respective responsibilities to investors under the federal securities laws as applied to the facts and circumstances of this transaction, but the Underwriters do not guarantee the accuracy or completeness of such information. The information and expressions of opinion stated herein are subject to change, and neither the delivery of this Official Statement nor any sale made hereunder shall create, under any circumstances, any implication that there has been no change in the matters described herein since the date hereof. IN CONNECTION WITH THIS OFFERING, THE UNDERWRITERS MAY OVERALLOT OR EFFECT TRANSACTIONS THAT STABILIZE OR MAINTAIN THE MARKET PRICE OF THE SERIES 2003 BONDS AT LEVELS ABOVE THAT WHICH MIGHT OTHERWISE PREVAIL IN THE OPEN MARKET. SUCH STABILIZING, IF COMMENCED, MAY BE DISCONTINUED AT ANY TIME. All summaries herein of documents and agreements are qualified in their entirety by reference to such documents and agreements, and all summaries herein of the Series 2003 Bonds are qualified in their entirety by reference to the form thereof included in the aforesaid documents and agreements. NO REGISTRATION STATEMENT RELATING TO THE SERIES 2003 BONDS HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION (THE "COMMISSION") OR WITH ANY STATE SECURITIES COMMISSION. IN MAKING ANY INVESTMENT DECISION, INVESTORS MUST RELY ON THEIR OWN EXAMINATIONS OF THE COUNTY AND THE TERMS OF THE OFFERING, INCLUDING THE MERITS AND RISKS INVOLVED. THE SERIES 2003 BONDS HAVE NOT BEEN APPROVED OR DISAPPROVED BY THE COMMISSION OR ANY STATE SECURITIES COMMISSION OR REGULATORY AUTHORITY. THE FOREGOING AUTHORITIES HAVE NOT PASSED UPON THE ACCURACY OR ADEQUACY OF THIS OFFICIAL STATEMENT. ANY REPRESENTATION TO THE CONTRARY MAY BE A CRIMINAL OFFENSE. [Remainder of page intentionally left blank] TABLE OF CONTENTS Contents Page INTRODUCTION ........................................................................................................................................ 1 General ..................................................................................................................................................... 1 The County .............................................................................................................................................. 1 Purpose of the Series 2003 Bonds .......................................................................................................... 1 Security for the Bonds ............................................................................................................................ 1 Redemption Provisions ........................................................................................................................... 2 Bond Insurance Policy ............................................................................................................................ 2 Additional Bonds ..................................................................................................................................... 2 Tax Exemption ........................................................................................................................................ 2 Continuing Disclosure ............................................................................................................................. 2 Amendment of Resolution ....................................................................................................................... 3 Additional Information ........................................................................................................................... 3 AUTHORITY FOR ISSUANCE .................................................................................................................. 3 THE INITIAL PROJECT ............................................................................................................................ 4 PLAN OF REFUNDING ............................................................................................................................. 4 DESCRIPTION OF THE SERIES 2003 BONDS ...................................................................................... 4 General ..................................................................................................................................................... 4 Book-Entry Only System .......... '. ............................................................................................................. 4 Payment of the Series 2003 Bonds ......................................................................................................... 6 Optional Redemption ...... : ....................................................................................................................... 7 Mandatory Redemption .......................................................................................................................... 7 Notice of Redemption .............................................................................................................................. 7 Interchangeability, Negotiability and Transfer .................................................................................... 8 SECURITY FOR THE BONDS .................................................................................................................. 9 General ....................... .............................................................................................................................. 9 Uniform Commercial Code ................................................................................................................... 10 Funds and Accounts .............................................................................................................................. 10 Construction Fund ................................................................................................................................ 10 Reserve Account .................................................................................................................................... 12 Disposition of Gas Tax Revenues ......................................................................................................... 12 Additional Bonds ................................................................................................................................... 15 Subordinated Indebtedness .................................................................................................................. 17 Books and Records ................................................................................................................................ 17 Collection of Gas Tax Revenues; No Impairment ................................................ : .............................. 17 Accession of Subordinated Indebtedness to Parity Status with Bonds ............. i ............................... 17 Investments ........................................................................................................................................... 18 Separate Accounts ................................................................................................................................. 18 Amendment of Resolution without Consent of Bondholders .............................................................. 18 Control by Insurer in Case of Event of Default ............................................. ~ ..................................... 19 GAS TAX REVENUES .............................................................................................................................. 19 General ................................................................................................................................................... 19 Historical Gasoline Sales in the County ............................ ~ ................................................................. 19 Seventh Cent Gas Tax ................................... ....................................................................................... 19 Ninth Cent Gas Tax ....................................................................... ~ ...................................................... 21 Six Cents Local Option Gas Tax and Five Cents Local Option Gas Tax ........................................... 23 Aggregate Gas Tax Revenues ............................................................................................................... 28 Pro Forma Debt Service Coverage ................................................................................................... :... 29 BOND INSURANCE POLICY ........................................................................~ ......................................... 29 RESERVE ACCOUNT INSURANCE POLICY ....................................................................................... 30 ESTIMATED SOURCES AND USES OF FUNDS ................................................................................. 31 DEBT SERVICE SCHEDULE ............................................................................................................... i.. 32 INVESTMENT POLICY ........................................................................................................................... 33 LEGAL MATTERS .................................................................................................................................... 34 FUTURE PLANS TO ADD SECURITY ................................................................................................... 35 FUTURE VALIDATION ........................................................................................................................... 35 LITIGATION .............................................................................................................................................. 36 DISCLOSURE REQUIRED BY FLORIDA BLUE SKY REGULATIONS ............................................ 37 TAX EXEMPTION ............................................ , ......................................................... ] .............................. 37 Opinion of Bond Counsel ...................................................................................................................... 37 Internal Revenue Code of 1986 ............................................................................................................ 38 Collateral Tax Consequences ............................................................................................................... 38 Florida Taxes ......................................................................................................................................... 38 Other Tax Matters ................................................................................................................................ 38 Tax Treatment of Original Issue Discount .......................................................................................... 39 Tax Treatment of Bond Premium ........................................................................................................ 39 RATINGS ................................................................................................................................................... 39 VERIFICATION OF MATHEMATICAL COMPUTATIONS ................................................................. 40 FINANCIAL ADVISOR ............................................................................................................................. 40 AUDITED FINANCIAL STATEMENTS ................................................................................................. 40 UNDERWRITING ..................................................................................................................................... 41 CONTINGENT FEES. .............................................................................................................................. 41 ENFORCEABILITY OF REMEDIES ....................................................................................................... 41 CONTINUING DISCLOSURE ................................................................................................................. 41 ACCURACY AND COMPLETENESS OF OFFICIAL STATEMENT ................................................... 42 AUTHORIZATION OF OFFICIAL STATEMENT .................................................................................. 43 APPENDIX A -GENERAL INFORMATION REGARDING COLLIER COUNTY, FLORIDA APPENDIX B -AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR ENDED SEPTEMBER 30, 2001 [2002 audit is going to the BOCC on, APPENDIX C - FORM OF THE RESOLUTION APPENDIX D -FORM OF BOND INSURANCE POLICY APPENDIX E - [FORM OF RESERVE ACCOUNT INSURANCE POLICY] · APPENDIX F - FORM OF BOND COUNSEL OPINION APPEND/X G -FORM OF CONTINUING DISCLOSURE CERTIFICATE ., 2003?] ii OFFICIAL STATEMENT relating to $106,555,000, COLLIER COUNTY, FLORIDA Gas Tax Revenue Bonds, Series 2003 INTRODUCTION General This introduction is subject in all respects to the more complete information and definitions contained or incorporated in this Official Statement and should not be considered to be a complete statement of the facts material to making an informed investment decision. The offering by Collier County, Florida (the "County"), of its $106,555,000' Gas Tax Revenue Bonds, Series 2003 (the "Series 2003 Bonds") to potential investors is made only by means of the entire Official Statement, including all appendices attached hereto. All capitalized undefined terms used in this introduction shall have the meaning set forth in "APPENDIX C - FORM OF THE RESOLUTION" attached hereto. The County The County is located in the southwestern portion of the State of Florida. The City of Naples, located in the western part of the County, is the largest incorporated municipality in Collier County and serves as its county seat. The County, with a 2001 population of 264,475 according to the United States Census, derives its economy from wholesale and retail trade, government, tourism, contract construction, agriculture, cattle ranching and timber. Part of the Everglades National Park, the United States' only subtropical national park, comprises a portion of the County. See "APPENDIX A - GENERAL INFORMATION REGARDING COLLIER COUNTY" attached hereto for more information about the County. Purpose of the Series 2003 Bonds The County proposes to issue the Series 2003 Bonds for the purpose of providing funds, together with other legally available funds of the County, to (i) finance the costs of acquisition, construction, and reconstruction of roads and bridges and other transportation improvements within the County, (ii) refund, on a current basis, all of the County's outstanding Road Improvement Refunding Revenue Bonds, Series 1995 (the "Prior Bonds"), as further described herein, and (iii) pay certain costs of issuance of the Series 2003 Bonds, including the municipal bond insurance premium [and the reserve account insurance policy premium]. The Prior Bonds were issued in the original aggregate principal amount of $5,770,000 and are presently outstanding in the aggregate principal amount of $3,515,000. Security for the Bonds Pursuant to Resolution No. 03- adopted by the Board of County Commissioners of the County (the "Board") on ~ 2003, as amended and supplemented from time to time, and as particularly supplemented by Resolution No. 03-__ adopted by the Board on ., 2003 (collectively, the "Resolution"), the Series 2003 Bonds are payable from and secured by a lien upon the proceeds of the Gas Tax Revenues (as such term is defined and described herein), and distributed to the Co~ty under the Act (as defined herein) and certain 9~her funds and * Preliminary, subject to change. accounts as described herein (collectively, the "Pledged Funds"). Subject to the satisfaction of certain requirements in the Resolution, the County may release the lien on one or more cents of the Gas Tax Revenues. See "SECURITY FOR THE BONDS" and "GAS .TAX REVENUES" herein. A Reserve Account has been established to secure all Bonds. Upon issuance of the Series 2003 Bonds, the County will purchase a reserve account insurance policy in an amount which, together with amounts already on deposit therein, will equal the 'Reserve Account Requirement (as such term is defined in the Resolution) for all Bonds. See "SECURITY FOR THE BONDS" herein. Redemption Provisions The Series 2003 Bonds are subject to optional and mandatory redemption prior to their stated maturities as described herein. See "DESCRIPTION OF THE SERIES 2003 BONDS" herein. Bond Insurance Policy Concurrently with the issuance of the Series 2003 Bonds, a bond insurance policy (see "BOND INSURANCE POLICY~' herein and "APPENDIX D - FORM OF BOND INSURANCE POLICT' attached hereto) which unconditionally guarantees the payment of that portion of the principal of and interest on the Series 2003 Bonds which becomes due for payment, but shall be unpaid by reason of nonpayment by the County will be issued by (the "Insurer"). Additional Bonds The County may issue Additional Bonds on a parity with the Series 2003 Bonds, subject to compliance with certain conditions set forth in the Resolution. See "SECURITY FOR THE BONDS - Additional Bonds" herein. Tax Exemption In the opinion of Nabors, Giblin & Nickerson, P.A., Tampa, Florida, Bond Counsel, interest on the Series 2003 Bonds is, under existing statutes, regulations, rulings and court decisions: (a) excludable from gross income for federal income tax purposes except as otherwise described herein under the caption "TAX EXEMPTION" and (b) not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations. Such interest, however, will be includable in the calculation of a corporation's alternative minimum taxable income and may be subject too ther federal income tax consequences referred to herein under the caption "TAX EXEIVIPTION." Bond Counsel is further of the opinion that the Series 2003 Bonds and the interest thereon are exempt from all present intangible personal property taxes imposed pursuant to Chapter 199, Florida Statutes. See "TAX EXEMPTION" herein for a discussion of Bond Counsel's opinion, including a discussion of the corporate alternative minimum tax. Continuing Disclosure The County has agreed and undertaken, for the benefit of Bondholders, to provide certain financial irrformation and operating data relating to the County, the Pledged Funds and the Series 2003 Bonds pursuant to Rule 15c2-12' of the Securities and Exchange Commission. See "CONTINUING DISCLOSURE" herein. 2 Amendment of Resolution Pursuant to the Resolution, the County is granted the right to make certain amendments to the Resolution without the consent of the Holders of the Series 2003 Bonds. See "APPENDIX C - FORM OF THE RESOLUTION" attached hereto. Additional Information This Official Statement speaks only as of its date, and the information contained herein is subject to change. This Official Statement contains certain information concerning the Insurer, its Bond Insurance Policy and its reserve account insurance po]icy, and contains certain information concerning The Depository Trust Company, New York, New York ("DTC"), and its book-entry-ordy system of registration. Such information has not been provided by the County and the County does not certify as to the accuracy or sufficiency of the disclosure practiceso r content of information provided by such parties and is not responsible for the information provided by such parties. A copy of the Resolution and all documents of the County referred to herein may be obtained from Dwight E. Brock, Clerk of Circuit Court and Chief Financial Officer of Collier County, Government Complex, 3301 East Tamiami Trail, Building L, Naples, Florida 34112, Phone (941) 732-2646. Capitalized terms used but not de£med herein have the same meaning as when used in the Resolution unless the context clearly indicates otherwise. See "APPENDIX C - FORM OF THE RESOLUTION" attached hereto. All information included herein has been provided by the County, except where attributed to other sources. Copies of such documents, reports and statements referred to herein that are not included in their entirety in this Official Statement may be obtained from the County. AUTHORITY FOR ISSUANCE The Series 2003 Bonds are being issued pursuant to and under the authority of Chapter 125, Florida Statutes, Sections 206.60, 336.021 and 336.25, Florida Statutes; Ordinance No. 03- of the Board of County Commissioners of the County (the "Board") enacted on February , 2003 (the "Home Rule Ordinance"); the ordinances enacted from time to time by the Board which impose the Gas Taxes (as such term is defined and described herein), including but not limited to, Ordinance No. 80-50 of the Board enacted on June 3, 1980, Ordinance No. 80-51 of the Board enacted on June 3, 1980, Ordinance No. 99-40 of the Board enacted on May 25, 1999, Ordinance No. 93-48 of the Board enacted on August 3, 1993 as amended by Ordinance No. 2001-26 of the Board enacted on May 8, 2001 (collectively, the "Gas Tax Ordinances"), each as amended and supplemented from time to time (the Home Rule Ordinance and the Gas Tax Ordinances, collectively, the "Ordinance"); any interlocal agreements as between the County and a municipality located in the County relating to distribution of any of the Gas Taxes, including, but not limited to the interlocal agreement relating to the Six Cents Local Option Gas Tax, between the County and the City of Naples, dated May 25, 1999, as the same be amended or supplemented from time to time, [the interlocal agreement, relating to the Five Cents Local Option Gas Tax, between the County and ., dated , as the same may be ~mended or, supplemented from time to time] (collectively, the "Interlocal Agreements") and other applicable provisions of law (collectively, the "Act"); and under and pursuant to the Resolution. THE INITIAL PROJECT The "Initial Project" consists of the acquisition, construction, and reconstruction of roads and bridges and other transportation improvements within the. County, as more specifically described in the plans and specifications on file or to be on file with the County, with such changes, deletions, additions or modifications to the enumerated improvements, equipment and facilities, or such other improvements, as approved by the Board in accordance with the Act (collectively, the "Initial Project"). Specifically, the Initial Project includes PLAN OF REFUNDING Concurrently with the delivery of the Series 2003 Bonds, a portion of the proceeds of the Series 2003 Bonds, together with other legally available funds of the County, shall be deposited into an escrow deposit trust fund (the "Escrow Fund") pursuant to the terms and provisions of the Escrow Deposit Agreement between the County and ..... as Escrow Holder (the "Escrow Agreement"). The moneys deposited pursuant to the Escrow Agreement shall be applied to the purchase of Federal Securities, as such term is de£med in Resolution No. 80-114, duly adopted by the Board on June 10, 1980, as amended and supplemented from time to time (the "Prior Resolution"), so as to produce sufficient fundst o pay the principal of, redemption premium, and interest on the Prior Bonds, as the same become due and payable, whether, at maturity or redemption prior to maturity. The Prior Bonds are expected to be paid or redeemed, as the case may be, on . ,2003. The Prior Bonds that are expected to be redeemed will be redeemed at a redemption premium of '.% of the Prior Bonds to be redeemed early. See "VERIFICATION OF MATHEMATICAL COMPUTATIONS" herein. Upon the deposit of such moneys, in the opinion of Bond Counsel and in reliance on the verification report of , the Prior Bonds shall be deemed to be paid and shall no longer be deemed to be outstanding for purposes of the Prior Resolution. The holders of the Prior Bonds shall be entitled to payment solely out of the moneys or Federal Securities deposited pursuant to the Escrow Agreement. The moneys and Federal Secmfities on deposit in the Escrow Fund will not be available for payment of the Series 2003 Bonds. DESCRIPTION OF THE SERIES 2003 BONDS General The Series 2003 Bonds wi1! be dated and will mature in the years, and in the amounts and bear interest at the rates and be payable on the dates set forth on the cover page hereof. Interest on the Series 2003 Bonds is payable on June 1, 2003, and semiannually on each December 1 and June 1 thereafter (each an "Interest Date"). Principal of, premium, if any, and interest on the Series 2003 Bonds will be payable by [Fifth Third Bank, Cincinnati, Ohio], as Paying Agent and Registrar. Book-Entry Only System THE FOLLOWING INFORMATION CONCERNING THE DEPOSITORY TRUST COMPANY ("DTC") AND DTC'S BOOK-ENTRY ONLY SYSTEM HAS BEEN OBTAINED FROM SOURCES THAT THE COUNTY BELIEVES TO BE RELIABLE, BUT THE COUNTY TAKES NO RESPONSIBILITY FOR THE ACCURACY THEREOF. DTC will act as securities depository for the Series 2003 Bonds. The Series 2003 Bonds will be issued as fully-registered bon, ds registered in the name of Cede & Co. (DTC's partnership nominee) or such other name as may be requested by an authorized representative of DTC.' One fully-registered bond certificate Will be issued for each maturity of the Series 2003 Bonds in the aggregate principal amount of such maturity, and will be deposited with DTC. DTC is a limited-purpose trust company organized under the' New York Banking Law, a "banking organization" within the meaning of the New York Banking Law, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds securities that its participants ("Participants") deposit with DTC. DTC also facilitates the settlement among Participants of securities transactions such as transfers and pledges, and in deposited securities through electronic computerized book-entry changes in Participants' accounts, thereby eliminating the need for physical movement of securities certificates. "Direct Participants" means securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is owned by a number of its Direct Participants and by the New York Stock Exchange, Inc., the American Stock Exchange, Inc., and the National Association of Securities Dealers, Inc. Access to the DTC system is also available to others such as securities brokers and dealers, banks, and trust companies that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly ("Indirect Participants"). The rules applicable to DTC and its Participants are on file with the Securities and Exchange Commission. Purchases of Series 2003 Bonds under the DTC system must be made by or through Direct Participants which will receive a credit for the Series 2003 Bonds on DTC's records. The ownership interest of each actual purchaser of each Series 2003 Bond ("Beneficial Owner") is in turn to be recorded on the Direct and Indirect Participants' records. Beneficial Owners will not receive writter~ confirmation from DTC of their purchase, but Beneficial Owners are expected to receive written confirmations providing details of the transactions, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Series 2003 Bonds are to be accomplished by entries made on the books of Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interests in Series 2003 Bonds, except in the event that use of the book-entry system for the Series 2003 Bonds is discontinued. To facilitate subsequent transfers, all Series 2003 Bonds deposited by Participants with DTC are registered in the name of DTC's partnership nominee, Cede & Co. The depositof Series 2003 Bonds with DTC and their registration in the name of Cede & Co. effect no change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Series 2003 Bonds; DTC's records reflect only the identity of the Direct Participants to whose accounts such Series 2003 Bonds are credited, which may or may not be the Beneficial Owners. The Participants will remain responsible for keeping account of their holdings on behalf of their customers. Beneficial Owners of the Series 2003 Bonds may wish to take certain steps to augment the transmission to them of notices of significant events with respect to the Series 2003 Bonds, such as redemptions, defaults and proposed amendments to Series 2003 Bond documents. Beneficial Owners of the Series 2003 Bonds may wish to ascertain that the nominee holding the Series 2003 Bonds for their benefit has agreed to obtain and transmit notices to Beneficial Owners, or in the alternative, Beneficial Owners may wish to provide their names and addresses to the Paying Agent and Registrar and request that copies of notices be provided directly to them. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participantsl and by Direct Participants and Indirect Participants to Beneficial Owners will be gover.ned by arrangements among them, subject ~to--any. statutory or regulatory requirements as may be in effect from time to time. 5 Redemption notices shall be sent to Cede & Co. If less than all of the Series 2003 Bonds within an issue are being redeemed, DTC's practice is to determine by lot the amount of the interest of each Direct Participant in such issue to be redeemed. Neither DTC nor Cede & Co. will consent or vote with respect to Series 2003 Bonds. Under its usual procedures, DTC malls an omnibus proxy to the County as soon as possible after the record date. The omnibus proxy assigns Cede & Co.'s consenting or voting rights to those Direct Participants to whose accounts the Series 2003 Bonds are credited on the record date (identified in a listing attached to the omnibus proxy). Principal and interest payments on the Series 2003 Bonds will be made to DTC. DTC's practice is to credit Direct Participants' accounts on payment dates in accordance with their respective holdings shown on DTC's records unless DTC has reason to believe that it will not receive payment on the payment date. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as in the case with securities held for the accounts of customers in bearer form or registered in "street name," and will be the responsibility of such Participant and not of DTC, the County, or the Paying Agent, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of pr~cipal and interest to DTC is the responsibility of the County or the Paying Agent, disbursement of such payments to Direct Participants shall be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners shall be the responsibility of Direct and Indirect Participants. DTC may discontinue providing its services as securities depository with respect to the Series 2003 Bonds at any time by giving reasonable notice to the County and/or the Paying Agent. Under such circumstances, in the event that a successor securities depository is not obtained, Series 2003 Bond certificates are required to be printed and delivered. The County may decide to discontinue use of the system of book-entry transfers through DTC (or a successor securities depository). In that event, Series 2003 Bond certificates will be printed and delivered. Payment of the Series 2003 Bonds The principal of or Redemption Price, if applicable, on the Series 2003 Bonds are payable upon presentation and surrender of the Series 2003 Bonds at the office of the Paying Agent. Interest payable on any Series 2003 Bond on any Interest Date will be paid by check or draft of the Paying Agent to the Holder in whose name such Series 2003 Bond shall be registered at the close of business on the date which shall be the frfteenth day (whether or not a business day) of the calendar month next preceding such Interest Date, or, at the request and expense of such Holder, by bank wire transfer for the account of such Holder. All payments'of principal of or Redemption Price, ff apphcable, and interest on the Series 2003 Bonds shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. For so long as the Series 2003 Bonds shall be held in the DTC book-entry system (without certificates), all such payments of principal of, redemption premium, if any, and interest on the Series 2003 Bonds will be made to Cede & Co., as registered owner thereof, by the Paying Agent and payments to Beneficial Owners will be the responsibility of DTC and the DTC Participants. See "DESCRIPTION OF THE SERIES 2003 BONDS - Book-Entry Only System" herein. 6 Optional Redemption The Series 2003 Bonds maturing on or before June 1, 20__ are not subject to optional redemption prior to maturity. The Series 2003 Bonds maturing on and after June 1, 20__ are subject to redemption at the option of the County in whole or in part, at any time,o n or after June 1, 20__ in such order of maturities as may be determined by the County (less than all of a single maturity to be selected by lot) at a redemption price (expressed as a percentage of principal amount) as set forth in the table below, together with accrued interest to the date set for redemption: Redemption Period (Both Dates Inclusive) Redemption Price June 1, 20__ to May 31, 20__ June 1, 20__ to May 31, 20__ June 1, 20__ and thereafter Mandatory Redemption The Series 2003 Bonds maturing on June 1, 20__, are subject to mandatory sinking fund redemption, prior to maturity in part, by lot on June 1, 20__ and on each June 1 thereafter, at a redemption price equal to the principal amount of such Series 2003 Bonds or portions thereof to be redeemed, plus interest accrued thereon to the date of redemption, on June I in the following years and in the following Amortization Installments: Year Amortization Installments 20__ 20__ 20__ 20__ 20__ 20__ 20__* *Maturity Notice of Redemption Notice of such redemption, which shall specify the Series 2003 Bond or Series 2003 Bonds (or portions thereof) to be redeemed and the date and placer or redemption, shall beg iven by the Registrar on behalf of the County, and (A) shall be filed with the Paying Agent of such Series 2003 Bonds, (B) shall be mailed first class, postage prepaid, at least 30 days prior to the redemption date to all Holders of Series 2003 Bonds to be redeemed at their addresses as they appear on the registration books kept by the Registrar as of the date of msil]ng of such notice, and (C) shall be mailed, certified mail, postage prepaid, at least 35 days prior to the redemption date to the registered securities depositories and two or more nationally recognized municipal bond information services. Failure to mail such notice to such depositories or services or the Holders of the Series 2003 Bonds to be redeemed, or any defect therein, shall not affect the proceedings for redemption of Series 2003 Bonds as to which no such failure or defect has occurred. Notice of optional redemption of Series 2003 Bonds shall only be sent ff the County determines it shall have sufficient funds available to pay the Redemption Price of and interest on the Series 2003 Bonds call adfor redemption on the redemption date. 7 As described above under "DESCRIPTION OF THE SERIES 2003 BONDS -- Book-Entry Only System," for so long as the Series 2003 Bonds are registered in the name of DTC or its nominee, notice of redemption of any Series 2003 Bond will be given by the Registrar to DTC or such nominee only, who will then be solely responsible for selecting and notifying those DTC Participants and Beneficial Owners to be affected by such redemption. Interchangeability, Negotiability and Transfer So long as the Series 2003 Bonds are registered in the name of DTC or its nominee, the following paragraphs relating to transfer and exchange of Series 2003 Bonds do not apply to the Series 2003 Bonds. Series 2003 Bonds, upon surrender thereof at the office of the Registrar with a written instrument of transfer satisfactory to the Registrar, duly executed by the Holder thereof or his attorney duly authorized in writing, may, at the option of the Holder thereof, be exchanged for an equal aggregate principal amount of registered Series 2003 Bonds and of the same maturity of any other authorized denominations. The Series 2003 Bonds issued under the Resolution shall be and have all the qualities and incidents of negotiable instruments under the law merchant and the Uniform Commercial Code of the State of Florida, subject to the provisions for registration and .transfer contained in the Resolution and in the Series 2003 Bonds. So long as any of the Series 2003 Bonds shall remain Outstanding, the County shall maintain and keep, at the office of the Registrar, books for the registration and transfer of the Series 2003 .Bonds. Each Series 2003 Bond shall be transferable only upon the books of the County, at the office of the Registrar, under such reasonable regulations as the County may prescribe, by the Holder thereof in person or by his attorney duly authorized in writing upon surrender thereof together with a written instrument of transfer satisfactory to the Registrar duly executed and guaranteed by the Holder of his duly authorized attorney. Upon the transfer of any such Series 2003 Bond, the County shall issue, and cause to be authenticated, in the name of the transferee a new Series 2003 Bond or Series 2003 Bonds of the same aggregate principal amount and maturity as the surrendered Series 2003 Bond. The County, the Registrar and any paying agent or fiduciary of the County may deem and treat the person in whose name any Outstanding Series 2003 Bond shall be registered upon the books of the County as the absolute owner of such Series 2003 Bond, whether such Series 2003 Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of, redemption premium, if any, and interest on such Series 2003 Bond and for ail other purposes, and all such payments so made to any such registered owner or upon his order shall be valid and effectual to satisfy and discharge the liability upon such Series 2003 Bond to the extent of the sum or sums so paid and neither the County nor the Registrar nor any paying agent or other fiduciary of the County shall be affected by any notice to the contrary. The Registrar, in any case when it is not also the Paying Agent in respect to any Series of Bonds, shall forthwith (A) following the fifteenth day prior to an Interest Date for any such Series; (B) following the fifteenth day next preceding' the date of first mailing of notice of redemption of any Series 2003 Bonds; and (C) at any other ~ime as reasonably requested by the Paying Agent, certify and furnish to such Paying Agent the names, addresses and holdings of Series 2003 Bondholders and any other relevant information reflected in the registration books. Any Paying Agent of any fully registered Bond shall effect payme, nt of interest on such Series 2003 Bonds by maij~'m.._g__.a- _check to the Series 2003 Bondholder entitled thereto .or may, in lieu thereof, upon the request and at the expense of such Holder, transmit such payment by bank wire transfer for the account of such Holder. ~i 8 In all cases in which the privilege of exchanging Series 2003 Bonds or transferring Series 2003 Bonds is exercised, the County shall issue and the Registrar shall authenticate and deliver Series 2003 Bonds in accordance with the provisions of the Resolution. Execution of Series 2003 Bonds by the Chairman and Clerk for purposes of exchanging, replacing or transferring Series 2003 Bonds may occur at the time of the original delivery of the Series 2003 Bonds. All Series 2003 Bonds surrendered in any such exchanges or transfers shall be held by the Registrar in safekeeping until directed by the County to be destroyed or returned by the Registrar. For every such exchange or transfer of Series 2003 Bonds, the County or the Registrar may make a charge sufficient to reimburse it for any tax, fee, expense or other governmental charge required to be paid with respect to such exchange or transfer. The County and the Registrar shall not be obligated to make any such exchange or transfer of Series 2003 Bonds during the fifteen (15) days next preceding an Interest Date on the Series 2003 Bonds, or in the case of any proposed redemption of Series 2003 Bonds, then dtmng the fifteen (15) days next preceding the date of the first mailing ofnot ice of such redemption and continuing until such redemption date. SECURITY FOR THE BONDS General Except as provided in the Resolution and described below under the heading "SECURITY FOR THE BONDS - Obligations Under Prior Resolution," the payment of the principal of or Redemption Price, if applicable, and interest on the Bonds is secured forthwith equally and ratably by a pledge of and lien upon the Pledged Funds in accordance with the provisions of the Resolution. The Pledged Funds will immediately be subject to the lien of this pledge without any physical delivery thereof or further act, and the lien of this pledge is valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the County. "Pledged Funds" means (1) the Gas Tax Revenues and (2) until applied in accordance with the provisions of the Resolution, all moneys, including investments thereof, in the funds and accounts established under the Resolution, except (A) as for the Unrestricted Revenue Account and the Rebate Fund, and (B) to the extent moneys on deposit in a subaccount of the Reserve Account shall be pledged solely for the payment of a particular Series of Bonds for which it was established in accordance with the provisions of the Resolution. "Gas Tax Revenues" means the moneys received by the County from the proceeds of the Gas Taxes. "Gas Taxes" means, collectively, the Seventh Cent Gas Tax, the Ninth Cent Gas Tax, the Five Cents Local Option Gas Tax, the Six Cents Locai Option Gas Tax, and any other gas tax imposed and/or received by the County which is specifically pledged under the Resolution or by the County pursuant to Supplemental Resolution. The Gas Taxes shall be subject to release pursuant to the Resolution. See "SECURITY FOR THE BONDS - Release of Portion of Gas Tax Revenues from Lien and Pledge" herein. "Seventh Cent Gas Tax" means the tax of one cent per gallon on motor fuel levied by Section 206.60, Florida Statutes, and special fuel levied by Section 206.87, Florida Statutes, and allocated to the County pursuant to the provisions of subsection (2)(b) of said Section 206.60 and subsection (2) of Section 206.875, Florida Statutes. "Ninth Cent Gas Tax" means the tax of one-cent per gallon on motor fuel and special fuel imposed by the County pursuant to Section 336.021, Florida Statutes, approved at a countywide referendum on March 11, 1980, and taxed and collected under Chapter 206, Florida Statutes, as provided in the Gas Tax Ordinances. "Five Cents Local Option Gas Tax" means the first 5-cents of the local option gas tax levied and received by the County pursuant to Section 336:025(1)(b), Florida Statutes, plus, to the extent provided by Supplemental Resolution of the C~)unty, any additional local option gas tax received by the County pursuant to Section 336.025(1)(b), Florida Statutes, and pledged by the County. pursuant-to.~ 9 Supplemental Resolution. "Six Cents Local Option Gas Tax" means the first 6-cents of the local option gas tax levied and received by the County pursuant to Section 336.025(1)(a), Florida Statutes, plus, to the extent provided by Supplemental Resolution of the County, any additional local option gas tax received by the County received pursuant to Section 336.025(1)(a), Florida Statutes, and pledged by the County pursuant to Supplemental Resolution. See "GAS TAX REVENUES" herein for more information. THE BONDS SHALL NOT BE OR CONSTITUTE GENERAL OBLIGATIONS OR INDEBTEDNESS OF THE COUNTY AS BONDS WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY PROVISION, BUT SHALL BE SPECIAL OBLIGATIONS OF THE COUNTY, PAYABLE SOLELY FROM AND SECURED BY A LIEN UPON AND PLEDGE OF THE PLEDGED FUNDS IN ACCORDANCE WITH THE TERMS OF THE RESOLUTION. NO HOLDER OF ANY BOND OR ANY INSURER SHALL EVER HAVE THE RIGHT TO COMPEL THE EXERCISE OF ANY AD VALOREM TAXING POWER TO PAY SUCH BOND, OR BE ENTITLED TO PAYMENT OF SUCH BOND FROM ANY MONEYS OF THE COUNTY EXCEPT FROM THE PLEDGED FUNDS IN THE MANNER PROVIDED IN THE RESOLUTION. Uniform Cormmercial Code The Bonds issued under the Resolution shall be and have all the qualities and incidents of negotiable instruments under the law merchant and the UCC. In 2001, the Florida Legislature adopted revisions to Florida's UCC relating to secured transactions. Under the revised UCC, transfers by governments and governmental units continue to remain exempt from the provisions of Florida's UCC. Funds and Accounts The County covenanted and agreed in the Resolution to establish with one or more banks, trust companies or other entities in the State of Florida, which is eligible under the laws of such State to receive funds of the County, special funds to be known as the "Construction Fund," the "Revenue Fund," the "Debt Service Fund" and the "Rebate Fund." The County shall maintain in the Revenue Fund two accounts: the "Restricted Revenue Account" and the "Ur_restricted Revenue Account." The County shall maintain in the Debt Service Fund four accounts: the "Interest Account," the "Principal Account," the "Bond Amortization Account," and the "Reserve Account." Moneys in the aforementioned funds and accounts, other than the Rebate Fund and the Unrestricted Revenue Account, until applied in accordance with the provisions of the Resolution, shall be subject to a lien and charge in favor of the Holders of the Bonds and for the further security of such Holders. The County may at any time and from time to time appoint one or more depositories to hold, for the benefit of the Bondholders, any one or more of the funds, accounts and subaccounts established by the Resolution. Such depository or depositories shall perform at the direction of the County the duties of the County in depositing, transferring and disbursing moneys to and from each of such funds and accounts set forth in the Resolution, and all records of such depositary in performing such duties shall be open at all reasonable times to inspection by the County and its agent and employees. Any such depositary shall be a bank or trust company duly authorized to exercise corporate trust powers and subject to examination by federal or state authority, of good standing, and be qualified under applicable State law as a depository. Construction Fund The Construction Fund sh~ll be used only for payment of the Cost of the Projects. Moneys in the Construction Fund, until applied in payment of any item of the Cost of a Project in the manner : 10 provided in the Resolution, shah be held in trust by the County and shall be subject to a lien and charge in favor of the Holders of the Bonds and for the further security of such Holders. There shall be paid into the Construction FUnd the amounts required to be so paid by the provisions of the Resolution, and there may be paid into the Construction Fund, at the option of the County, any moneys received for or in connection with a Project by the County from any other source. The County shall establish within the Construction Fund a separate account for each Project, the Cost of which is to be paid in whole or in part out of the Construction Fund. The "Series 2003 Account!' of the Construction Fund was established by the Resolution, from which Costs of the Initial Project shall be paid. See "INITIAL PROJECT" herein. The proceeds of insurance maintained pursuant to the Resolution against physical loss of or damage to a Project, or of contractors' performance bonds with respect thereto pertaining to the period of construction thereof, shall be deposited into the appropriate account of the Construction Fund. Any moneys received by the County from the State or from the United States of America or any agencies thereof for the purpose of financing part of the Cost of a Project may be deposited into the appropriate account of the Construction Fund and used in the same manner as other Series 2003 Bond proceeds are used therein; provided that separate accounts or subaccounts may be established in the Construction Fund for moneys received pursuant to the provisions of this paragraph whenever required by Federal or State law. The County covenanted in the Resolution that the acquisition, construction and installation of each Project will be completed without delay and in accordance with sound engineering practices. The County shall make disbursements or payments from the Construction Fund to pay the Cost of a Project upon the filing with the Clerk of documents and/or certificates signed by an Authorized Issuer Officer, stating with respect to each disbursement or payment to be made: (A) the item number of the payment, (B) the name and address of the Person to whom payment is due, (C) the amount to.be paid, (D) the Construction Fund account from which payment is to be made, (E) the purpose, by general classification, for which payment is to be made and that such purpose qualifies for payment from all of the Gas Taxes (or, in the alternative, an Authorized Issuer Officer states that payment of costs associated with such purpose will not violate the Act), and (F) that (1) each obligation, item of cost or expense mentioned therein has been properly incurred, is in payment of a part of the Cost of a Project and is a proper charge against the account of the Construction Fund from which payment is to be made and has not been the basis of any previous disbursement or payment, or (2) each obligation, item of cost or expense mentioned therein has been paid by the County, is a reimbursement of a part of the Cost of a Project, is a proper charge against the account of the Construction Fund from which payment is to be made, has not been theretofore reimbursed to the County or otherwise been the basis of any previous disbursement or payment and the County is entitled to reimbursement thereof. The Clerk shall retain all such certificates of the Authorized Issuer Officers for such period of time as required by applicable law. The Clerk shall make available the documents and/or certificates at all reasonable times for inspection by any Holder of any of the Series 2003 Bonds or the agent or representative of any Holder of any of the Series 2003 Bonds. Notwithstanding any of the other provisions of the Resolution, to the extent that other moneys are not available therefor, amounts in an account- Of the Construction Fund with respect to any Series of Bonds shall be applied to the payment of principal and interest on such Series of Bonds when due. The date of completion of a. cquisition and construction of a Project shall be determined by the Authorized Issuer Officer who shall certify such fact in writing to the Governing BodyJ Promptly after the date of the completion of a Project, and after paying or making provisions for the payment I1 of all unpaid items of the Cost of such Project, the County shall deposit in the following order of priority any balance of moneys remaining in the Construction Fund in (A) another account of the Construction Fund for which the Authorized Issuer Officer has stated that there are insufficient moneys present to' pay the cost of the related Project, (B) the Reserve Account to the extent of a deficiency therein, and (C) such other fund or account established under the Resolution as shah be determined by the Board, provided the County has received an opinion of Bond Counsel to the effect that such transfer shah not adversely affect the exclusion, if any, of interest on the Series 2003 Bonds from gross income for purposes of federal income taxation. Reserve Account Pursuant to the Resolution, upon delivery of the Series 2003 Bonds, the County shall deposit to the Reserve Account a reserve account surety bond issued by (the "Reserve Account Insurance Policy"). See "RESERVE ACCOUNT INSURANCE POLICY~' herein. See "BOND INSURANCE POLICY" herein for irfformation about The amount of such Reserve Account Insurance Policy is equal to $ , which is equal to the Reserve Account Requirement with respect to the Series 2003 Bonds (the "Reserve Account Requirement"). The Reserve Account may be used to secure Additional Bonds issued pursuant to the Resolution. Alternatively, the County reserves the right to establish separate subaccounts in the Reserve Account for any Series of Additional Bonds for the purpose of securing such Series only. In that case, such Series of Additional Bonds would not be secured by the Reserve Account which secured the Series 2003 Bonds. Disposition of Gas Tax Revenues (A) The County shall promptly deposit upon receipt from the State the Gas Taxes and any additional gas taxes pledged under the Resolution pursuant to a Supplemental Resolution into the Restricted Revenue Account. The moneys in the Restricted Revenue Account shall be deposited or credited on or before the 25th day of each month, commencing in the month immediately following delivery of any of the Series 2003 Bonds to the purchasers thereof, or such later date as provided in the Resolution, in the following manner and in the following order of priority: (1) Interest Account. The County shall deposit or credit to the Interest Account the sum which, together with the balance in said Account, shall equal the interest on all Bonds Outstanding accrued and unpaid and to accrue to the end of the then current calendar month. Moneys in the Interest Account shah be applied by the County for deposit with the Paying Agents to pay the interest on the Bonds on or prior to the date the same shall become due. The County shall adjust the amount of the deposit to the Interest Account not later than a month immediately preceding any Interest Date so as to provide sufficient moneys in the Interest Account to pay the interest on the Bonds coming due on such Interest Date. No further deposit need be made to the Interest Account when the moneys therein are equal to the interest coming due on the Outstanding Bonds on the next succeeding Interest Date. (2) Principal Account. Commencing no later than the month which is one year prior to the first principal due date, the County shall next deposit into the Principal Account the sum which, together with the balance in said Account, shall equal the principal amounts on all Bonds Outstanding due and unpaid and that portion of the principal next due which would have accrued on such Bonds during the then current calendar month if such principal amounts were deemed to accrue monthly (assuming that a year consists of 12 equivalent calendar months having 30 days each) except for the Amortization Installments to be deposited pursuant to the Resolution in equal amounts from the next preceding' principal payment due date, or, ff there be no such preceding payment due date from a date one year preceding the due date of such principal amount. Moneys in the Principal Account shall be applied by the County for deposit with the Paying Akents to' pa~ 'the !.,.. ...... ~_ .... principalo f the Bonds on or prior to the date the same shall mature, and for no other purpose. The County shall adjust the amount of the deposit to the Principal Account not later than the month immediately preceding any principal payment date so as to provide sufficient moneys in the Principal Account to pay the principal on Bonds becoming due on such principal payment date. No further deposit need be made to the Principal Account when the moneys therein are equal to the principal coming due on the Outstanding Bonds on the next succeeding principal payment date. (3) Bond Amortization Account. Commencing in the month which is one year prior to the first Amortization Installment due date, there shall be deposited to theBo nd Amortization Account the sum which, together with the balance in such Account, shall equal the Amortization Installments on all Bonds Outstanding due and unpaid and that portion of the Amortization Installments of all Bonds Outstanding next due which would have accrued on such Bonds during the then current calendar month if such Amortization Installments were deemed to accrue monthly (assuming that a year consists of 12 equivalent calendar months having 30 days each) in equal amounts from the next preceding Amortization Installment due date, or, if there is no such preceding Amortization Installment due date, from a date one year preceding the due date of such Amortization Installment. Moneys in the Bond Amortization Account shall be used to purchase or redeem Term Bonds in the manner provided in the Resolution, and for no other purpose. The County shall adjust the amount of the deposit to the Bond Amortization Account on the month immediately preceding any Amortization Installment date so as to provide sufficient moneys in the Bond Amortization Account to pay the Amortization Installments becoming due on such date. Payments to the Bond Amortization Account shall be on parity with payments to the Principal Account. Amounts accumulated in the Bond Amortization Account with respect to any Amortization Installment (together with amounts accumulated in the Interest Account with respect to interest, ff any, on the Term Bonds for which such Amortization Installment was established) may be applied by the County, on or prior to the 60th day preceding the due date of such Amortization Installment, (a) to the purchase of Term Bonds of the Series and maturity for which such Amortization Installment was established, or (b) to the redemption at the applicable Redemption Prices of such Term Bonds, if then redeemable by their terms. Amounts in the Bond Amortization Account which are used to redeem Term Bonds shall be credited against the next succeeding Amortization Installment which shall become due on such Term Bonds. The applicable Redemption Price (or principal amount of maturing Term Bonds) of any Term Bonds so purchased or redeemed shall be deemed to constitute part of the Bond Amortization Account until such Amortization Installment date, for the purposes of calculating the amount of such Account. As soon as practicable after the 60th day preceding the due date of any such Amortization Installment, the County shall proceed to call for redemption on such due date, by causing notice to be given as provided in the Resolution, Term Bonds of the Series and maturity for which such Amortization Installment was established (except in the case of Term Bonds maturing on a Amortization Installment date) in such amount as shall be necessary to complete the retirement of the unsatisfied balance of such Amortization Installment. The County shall pay out of the Bond Amortization Account and the Interest Account to the appropriate Paying Agents, on or before the day preceding such redemption date (or maturity date), the amount required for the redemption (or for the payment of such Term Bonds then maturing), and such amount shal] be applied by such Paying Agents to such redemption (or payment). All expenses in connection with the purchase or redemption of Term Bonds shall be paid by .the County from the Restricted Revenue Account. (4) Reserve Account. There shall be deposited to the Reserve Account an amount which would enable the County to restore the funds on deposit in the Reserve Account to an amount equal to the Reserve Account Requirerg. ent applicable thereto. All deficiencies in the Reserve Account must be. made up no later than 12 months from the date such deficiency first occurred, whether such shortfall was caused by decreased market value or withdrawal (whether from cash or a Reserve 13 Account Insurance Policy). On or prior to each principal payment date and Interest Date for the Bonds (in no event earlier than the 25th day of the month next preceding such payment date), moneys in the Reserve Account shall be applied by the County to the payment of the principal of or Redemption Price, if applicable, and interest on the Bonds to the extent moneys in the Interest Account, the Principal Account and the Bond Amortization Account shall be insufficient for such purpose. Whenever there shall be surplus moneys in the Reserve Account by reason of a decrease in the Reserve Account Requirement or as a result of a deposit in the Reserve Account of a Reserve Account Insurance Policy or a Reserve Account Letter ofCre dit, such surplus moneys, to the extent practicable, shall be deposited by the County into the Unrestricted Revenue Account. The County shall promptly inform each Insurer of any draw upon the Reserve Account for purposes of paying the principal of and interest on the Bonds. Upon the issuance of any Series of Bonds under the terms, limitations and conditions as provided in the Resolution, the County shall fund the Reserve Account in an amount at least equal to the Reserve Account Requirement. Such required amount, if any, shall be paid in full or in part from the proceeds of such Series of Bonds or may be accumulated in equal monthly payments to the Reserve Account over a period of months from the date of issuance of such Series of Bonds, which shall not exceed 36 months. In the event moneys in theRe serveAcc ount are accumulated as provided above, (a) the amount in said Reserve Account on the date of delivery of the Additional Bonds shallno t be less than the Reserve Account Requirement on allB onds Outstanding (excluding the Additional Bonds) on such date, and (b) the incremental difference between the Reserve Account Requirement on all Bonds Outstanding (excluding the Additional Bonds) on the date of delivery of the Additional Bonds and the Reserve Account Requirement on all such Series 2003 Bonds and the Additional Bonds shall be 50% funded upon delivery of the Additional Bonds. Notwithstanding the foregoing provisions, in lieuo f or in substitution of the required deposits into the Reserve Account, the County may cause to be deposited into the Reserve Account a Reserve Account Insurance Policy for the benefit of the Bondholders in an amount equal to the difference between the Reserve Account Requirement applicable thereto and the sums then on deposit in the Reserve Account, if any. The County may also substitute a Reserve Account Insurance Policy for cash on deposit in the Reserve Account upon compliance with the terms of the Resolution. In the event the Reserve Account contains both a Reserve Account Insurance Policy and cash and separate subaccounts have not been established in the Reserve Account, the cash shall be drawn down completely prior to any draw on the Reserve Account Insurance Policy. In the event more than one Reserve Account Insurance Policy is on deposit in the Reserve Account, amounts required to be drawn thereon shall be done on a pro-rata basis. The County agreed in the Resolution to pay all amounts owing in regard to any Reserve Account Insurance Policy from the Pledged Funds. Pledged Funds shall be applied in accordance with the Resolution, first, to reimburse the issuer of the Reserve Account Insurance Policy for amounts advanced under such instruments, second, replenish any cash deficiencies in the Reserve Account, and, third, to pay the issuer of the Reserve Account Insurance Policy interest on amounts advanced under such instruments. The Resolution shall not be discharged or defeased while any obligations are owing in regard to a Reserve Account Insurance Policy on deposit in the Reserve Account. The County agreed in the Resolution not to optionally redeem Bonds unless all amounts owing in regard to a Reserve Account Insurance Policy on deposit in the Reserve Account have been paid in full. Any consent or approval of any Insurer described in the ResolutiOn shall be required only so long as there are Outstanding Bonds secured by a Bond Insurance Policy issued by such Insurer which is in full force and effect and the commitments of which have been honored by such Insurer. The term "Paying Agent"as used ~n the Resolution for this purpose may include one or more Paying Agents for the Outstanding Bonds. 14 Whenever the amount of cash in the Reserve Account, together with the other amounts in the Debt Service Fund, are sufficient to fully pay all Outstanding Bonds in accordance with their terms (including principal or applicable Redemption Price and interest thereon), the funds on deposit in the Reserve Account may be transferred to the other Accounts of the Debt Service Fund for the payment of the Bonds. The County may also establish a separate subaccount in the Reserve Account for any Series of Bonds and provide a pledge of such subaccount to the payment of such Series of Bonds apart from the pledge provided in the Resolution. To the extent a Series of Bonds is secured separately by a subaccount o£ the Reserve Account, the Holders of such Bonds shall not be secured by any other moneys in the Reserve Account. Moneys in a separate subaccount of the Reserve Account shall be maintained at the Reserve Account Requirement applicable to such Series of Bonds secured by the subaccount; provided the Supplemental Resolution authorizing such Series of Bonds may establish the Reserve AccountR equirement relating to such separate subaccount of the Reserve Account at such level as the County deems appropriate. Moneys shall be deposited in the separate subaccounts in the Reserve Account on a pro-rata basis. In the event the County shall maintain a Reserve Account Insurance Policy and moneys in such subaccount, the moneys shall be used prior to making any disbursements under such Reserve Account Insurance Policy. (5) Unrestricted Revenue Account. The balance of any moneys after the deposits required as heretofore described may be transferred, at the discretion of the County, to the Unrestricted Revenue Account or any other appropriate fund or account of the County and may be used for any lawful purpose.. (B) Whenever moneys on deposit in the Debt Service Fund are sufficient to fully pay all Outstanding Bonds in accordance with their terms (including principal or applicable Redemption Price and interest thereon), no further deposits to the Debt Service Fund need be made. If on any payment date the Gas Tax Revenues are insufficient to deposit the required amount in any of the funds or accounts or for any of the purposes provided above, the deficiency shall be made up on the subsequent payment dates. The County, in its discretion, may use moneys in the Principal Account and the Interest Account to purchase or redeem Bonds coming due on the next principal payment date, provided such purchase or redemption does not adversely affect the County's ability to pay the principal or interest coming due on such principal payment date on the Bonds not so purchased or redeemed. Additional Bonds No Additional Bonds, payable on a parity with the Series 2003 Bonds then Outstanding pursuant to the Resolution, shall be issued except upon the conditions and in the manner provided in the Resolution. The County may issue one or more Series of Additional Bonds for any one or more of the following purposes: (i) financing the Cost of a Project, or the completion thereof, or (ii) refunding any or all Outstanding Bonds or of any Subordinated Indebtedness of the County. No such Additional Bonds shall be issued unless the following conditions are complied with: (A) Except as otherwise provided in the Resolution, there shall have been obtained and fi]ed with the County a statement of an Authorized Issuer Officer: (1) stating that the books and records of the County relating to the Gas Tax Revenues and Investment Earnings have been examined by him; (2).setting forth the amount of the Gas Tax Revenues and Investments Earnings which have been received by the C. ounty during any 12 consecutive months designated by the County within the 24 months immediately preceding the date of delivery of such Ad(Litional Bonds with respect to which such statement is made; and (3) stating that the amount of the Gas Tax Re.venues. and Investment Earnings received during the aforementioned 12 month period equals at least ~ times the Maximum Annual Debt Service on all Bonds then Outstanding and such Additional Bonds with respect to which such statement is made. (B) In the event the County, by Supplemental Resolution, extends the pledge of the Gas Tax Revenues created pursuant to the Resolution to include additional gas tax and such additional gas tax was not in effect during all or a portion of the applicable 12 consecutive month period described in (A) above, then for the purposes of determining whether there are sufficient Gas Tax Revenues to meet the coverage test specified in (A) above, the Authorized Issuer Officer shall adjust the amount of Gas Tax Revenues which were received during the applicable 12 consecutive month period to take into account the additional amount of Gas Tax Revenues such additional gas tax would have generated ff it had been in effect for the entire 12 consecutive month period; provided, however, that such adjustment shall only be made if the additional gas tax is in effect on the date the statement of the Authorized Issuer Officer referred to in (A) above is made and such additional gas tax will remain in effect at least until the final maturity of the Bonds Outstanding at the time of issuance of the Additional Bonds. In the event the County releases any Gas Tax Revenues pursuant to the Resolution, then for the purpose of determining whether there are sufficient Gas Tax Revenues to meet the coverage tests specified in the Resolution, the Authorized Issuer Officer shall assume that such released amount of the Gas Tax Revenues was not in effect during the applicable 12 consecutive month period. (C) In the event the County shall enter into any agreement relating to, or any amendment of, the Interlocal Agreements adjusting the County's proportionate share of Gas Tax Revenues and such new proportionate share of Gas Tax Revenues was not in effect during all or a portion of the applicable 12 consecutive month period described in (A) above, then for the purpose of determining whether there are sufficient Gas Tax Revenues to meet the coverage test specified in (A) above, the Authorized Issuer Officer shall adjust the amount of Gas Tax Revenues which were received during the applicable 12 consecutive month period to reflect the amount of Gas Tax Revenues the County would have received over such 12 consecutive month period had the County's share of Gas Tax Revenues been distributed based on its new proportionate share. (D) For the purpose of determining the Debt Service in this subsection, the interest rate on additional parity Variable Rate Bonds then proposed to be issued shall be deemed to be the Bond Buyer Revenue Bond Index most recently published prior to the sale of such Additional Bonds. (E) For the purpose of determining the Debt Service in this subsection, the interest rate on Outstanding Variable Rate Bonds shall be deemed to be (1) if such Variable Rate Bonds have been Outstanding for at least 24 months prior to the date of sale of such Additional Bonds, the highest average interest rate borne by such Variable Rate Bonds for any 30-day period, or (2) if such Variable Rate Bonds have not been Outstanding for at least 24 months prior to the date of sale of such Additional Bonds, the Bond Buyer Revenue Bond Index most recently published prior to the sale of such Additional Bonds. (F) Additional Bonds shall be deemed to have been issued pursuant to the Resolution the same as the Outstanding Bonds, and all other covenants and other provisions of the Resolution (except as to details of such Additional Bonds inconsistent therewith) shall be for the equal benefit, protection and securing of the Holders of all Bonds issued pursuant to the Resolution. Except as described in the Resolution, all Bonds regardless of the time or times of their issuance, shall rank equally with respect to their lien on the Pledged Funds and their sources and security for payment therefrom without preference of any Bonds over any other. (G) In the event any A~ditional Bonds are issued for the purpose of refunding any Bonds then Outstanding, the conditions of this subsection shall not apply, provided that the issuance of 16 such Additional Bonds shah result in a reduction of aggregate debt service. The conditions of (A) above shall apply to Additional Bonds issued to refund Subordinated Indebted.ness and to Additional Bonds issued for refunding purposes which cannot meet' the conditions of this paragraph. Subordinated Indebtedness The County will not issue any other obligations, except under the conditions and in the manner provided in the Resolution, payable from the Pledged Funds (or any portion thereof) or voluntarily create or cause to be created any debt, lien, pledge, assignment, encumbrance or other charge having priority to or being on a parity with the lien thereon in favor of the Bonds and the interest thereon. The County may at any time or from time to time issue evidences of indebtedness payable in whole or in part out of the Pledged Funds and which may be secured by a pledge of such Pledged Funds; provided, however, that such pledge shall be, and shall be expressed to be, subordinated in all respects to the pledge of the Pledged Funds created by the Resolution. The County shall have the right to covenant with the holders from time to time of any Subordinated Indebtedness to add to the conditions, limitations and restrictions under which any Additional Bonds may be issued pursuant to the Resolution. The County agrees to pay promptly any Subordinated Indebtedness as the same shah become due. Books and Records The County will keep books and records of the receipt of the Gas Tax Revenues in accordance with generally accepted accounting principles, and Holder or Holders of Series 2003 Bonds shall have the right at all reasonable times to inspect the records, accounts and data of the County relating thereto. Collection of Gas Tax Revenues; No Impairment The County covenants to do all things necessary on its part to maintain its eligibility to receive the full amount of Gas Tax Revenues which are required by the Act. The County will proceed diligently to perform legally and effectively all steps required on its part in the levy and collection of Gas Tax Revenues and shall exercise ail legally available remedies to enforce such collections now or hereafter available under State law. The pledging of the Pledged Funds in the manner provided in the Resolution shall not be subject to repeal, modification or impairment by any subsequent ordinance, resolution or other proceedings of the Governing Body, except as otherwise provided in the Resolution. Accession of Subordinated Indebtedness to Parity Status with Bonds The County may provide for the accession of Subordinated Indebtedness to the status of complete parity with the Bonds, if (A) the County shall meet all the requirements imposed upon the issuance of Additional Bonds by the Resolution, assuming, for purposes of said requirements, that such Subordinated Indebtedness shall be Additional Bonds, and (B) the Reserve Account, upon such accession, shall contain an amount equal to the Reserve Account Requirement in accordance with the Resolution. If the aforementioned conditions are satisfied, the Subordinated Indebtedness shah be deemed to have been issued pursuant to the Resolution' the same as the Outstanding Bonds, and such Subordinated Indebtedness shall be considered Bonds for all purposes provided in the Resolution. 17 Investments Moneys on deposit in the Construction Fund, the Restricted Revenue Account and the Debt Service Fund shall be continuously secured in the manner by which the deposit of public funds are authorized to be secured by the laws of the State. Moneys on deposit in the Construction Fund, the Restricted Revenue Account and the Debt Service Fund, other than the Reserve Account, may be invested and reinvested in Authorized Investments maturing not later than the date on which the moneys therein will be needed for the purposes of such fund or account. Moneys on deposit in the Reserve Account may be invested or reinvested in Authorized Investments which shall mature no later than __ years from the date of investment. All investments shall be valued at cost; [provided, that the amounts on deposit in the Reserve Account shall be valued at the market price thereof. Investments in the Reserve Account shall be valued by the County on an amount basis of March 1 of each year.] Any and all income received by the County from the investment of moneys in each account of the Construction Fund, the Interest Account, the Restricted Revenue Account and the Reserve Account (to the extent such income and the other amounts in the Reserve Account does not exceed the Reserve Account Requirement applicable thereto), shall be retained in such respective Fund or Account. Any and all income received by the County from the investment of moneys in the Reserve Account (only to the extent such income and other amounts in the Reserve Account exceeds the Reserve Account .Requirement), the Principal Account and the Bond Amortization Account shall be deposited in the Interest Account. Nothing contained in the Resolution prevents any Authorized Investments acquired as investments of or security for funds held under the Resolution from being issued or held in book- entry form on the books of the Department of the Treasury of the United States. Separate Accounts The moneys required to be accounted for in each of the funds, accounts and subaccounts established in the Resolution may be deposited in a single, non-exclusive bank account, and funds allocated to the various funds, accounts and subaccounts established in the Resolution may be invested in a common investment pool, provided that adequate accounting records are maintained to reflect and control the restricted allocation of the moneys on deposit therein and such investments for the various purposes of such funds, accounts and subaccounts as provided in the Resolution. The designation and establishment of the various funds, accounts and subaccounts in and by the Resolution shall not be construed to require the estab]ishment of any completely independent, self-balancing funds as such term is commonly defined and used in governmental accounting, but rather is intended solely to constitute an earmarking of certain revenues for certain purposes and to establish certain priorities for application of such revenues as provided in the Resolution. Amendment of Resolution without Consent of Bondholders Certain amendments to the Resolution are permitted without Bondholder consent with the prior written consent of the Insurer or Insurers of Bonds, provided that such insured Bonds, at the time of the adoption of the amendment, shall 'be rated by the rating agencies which shall have rated the Bonds at the time such Bonds were insured no lower than the ratings assigned thereto by such rating agencies on the date of being insured. See "APPENDIX C - FORM OF THE RESOLUTION" attached hereto. 18 Control by Insurer in Case of Event of Default Upon the occurrence and continu~mce of an Event of Default, each Insurer, ff such Insurer has not failed to comply with its payment obligations under its Bond Insurance Policy, shall be deemed to be the sold Holder of the Bonds it insures for purposes of (A) directing and controlling the enforcement of all rights and remedies with respect to such Series of Bonds, any waiver of an Event of Default and removal of any trustee, and (B) exercising certain voting rights or privileges or giving certain consents or directions or taking certain other actions. See "APPENDIX C - FORM OF THE RESOLUTION" attached hereto. GAS TAX REVENUES General The "Gas Tax Revenues" consist of revenues derived by the County ~om four separate taxes referred to in the Resolution as the "Seventh Cent Gas Tax," the "Ninth Cent Gas Tax," the "Five Cents Local Option Gas Tax" and the "Six Cents Local Option Gas Tax," and any other gas tax imposed and/or received by the County which is specifically pledged by the County pursuant to the Resolution or a Supplemental Resolution. Each of the current components of the Gas Tax Revenues is described herein. Historical Gasoline Sales in the County The volume of motor and special fuel sold in the County is set forth below for the years indicated: HISTORICAL NUMBER OF TAXABLE GALLONS SOLD(~) State Fiscal Year Ended June 30 Total Taxable Motor Fuel Diesel Fuel Gallons 1997 98,360,148.3 9,875,959.9 108,236,108.2 1998 102,359, 831.5 10,105,725.0 112,465,556.5 1999 107,621,218.2 11,164,098.3 118,785,316.5 2000 115,012, 511.1 11,689,949.1 126,702,460.2 2001 119,469,969.5 11,850,377.5 131,320,347.0 2002 Source: Florida Department of Revenue. (1) The number of gallons shown Revenues are derived. represents fuel from which components of the Gas Tax Seventh Cent Gas Tax In General. In addition to other taxes, the State imposes a tax of one-cent per net gallon of motor fuel, which tax is statutorily designated as the "County Fuel Tax." "Motor fuel" is "all gasoline products or any product blended with gasoline or any fuel placed in the storage supply tank of a gasoline-powered motor vehicle." TheCo unty Fuel Tax is referred to in theRe solution as the "Seventh Cent Gas Tax." ~ 19 Collection and Distribution. The Florida Department of Revenue ("FDOR") is responsible for collecting the County Fuel Tax and, after deducting the expenses of collection, administration, enforcement and distribution (limited to 2% of collections) and after deducting a 7.3% service charge to the GeneralR evenue Fund of the State of Florida, FDOR is required to divide the proceeds of the tax and distribute the same to counties in the State on a monthly basis. The formula for distribution for the County Fuel Tax is as follows: follows: First, the distribution factor for each County is calculated on an annual basis as 114 x County Area State Area + 1/4 x County Population State Population + 1/2 x Number of Motor Fuel Gallons Sold In County Number of Motor Fuel Gallons Sold Statewide = County's Distribution Factor 2. Second, the monthly allocation for each county is calculated as follows: Monthly Statewide County Fuel Tax Receipts County's County's x Distribution Factor = Monthly Allocation Thus, changes in relative population and in absolute and relative motor fuel sales will affect the amount of County Fuel Tax distributable to a county. Eligibility. All counties are eligible to receive County Fuel Tax revenues. Use of Revenue. County Fuel Tax revenues may be used solely for the acquisition of rights-oLway; the construction, reconstruction, operation, maintenance and repair of transportation facilities, roads, and bridges therein; or the reduction of bonded indebtedness incurred by a county (or special road and bridge districts within such county) for road and bridge or other transportation purposes. Statewide Collection Data. The following table summarizes County Fuel Tax distributions to Florida counties for the fiscal years of the State ended June 30, 1992 through June 30, 2001, as reported by FI)OR. [Remainder of page intentionally left blank] 2O STATE OF FLORIDA HISTORICAL COUNTY FUEL TAX REVENUES State Fiscal Year Total Amount Percentage Ended Distributed to Increase June 30 the Counties. (Decrease) 1992 $46,707,321 -- 1993 50,974,465 9.1% 1994 47,863,900 (6.1) 1995 60,270,623 25.9 1996 59,269,152 (1.7) 1997 59,427,474 0.3 1998 62,247,550 4.7 1999 70,111,057 12.6 2000 80,216,521 14.4 2001 79,248,371 (1.2) 2002 Source: Florida Department of Revenue Collier County Revenue Data. The following table sets forth historical Seventh Cent Gas Tax revenues for the fiscal years ended September 30, 1993 through 2002. COLLIER COUNTY, FLORIDA HISTORICAL SEVENTH CENT GAS TAX REVENUES County Fiscal Year Seventh Cent Percentage Ended Gas Tax Increase September 30 Revenues Received(~) (Decrease) 1993 $900,604 -- 1994 860,255 (4.5%) 1995 1,101,818 28.1 1996 1,065,934 (3.3) 1997 1,099,100 3.1 1998 1,164,741 6.0 1999 1,363,814 17.1 2000 1,442,775 5.8 2001 1,511,029 4.7 2002 1,642,793(2) 8.7 Source: Collier County Finance Department (1) Unaudited. (2) Unaudited interim result subject to adjustment as more complete results become available and as the County's financial statements are subjected to a year~end audit. Ninth Cent Gas Tax . 21 In General. In addition to other taxes, each county may impose a tax of one cent per net gallon of motor fuel sold within the county's jurisdiction. The tax may be levied by either an extraordinary vote of the membership of the county's governing body or pursuant to voter approval in a county-wide election. In addition, a tax of one cent per gallon is required to be levied in each county on every net gallon of diesel fuel sold within the county regardless of whether the county is levying the tax on motor fuel. These taxes are collectively referred to as the "Ninth Cent Fuel Tax" and are referred to in the Resolution as the "Ninth Cent Gas Tax." Thirty-nine of Florida's sixty- seven counties levy the Ninth Cent Fuel Tax on motor fuel. Counties are not required to, but they may, share the revenue received from the Ninth Cent Fuel Tax with municipalities. [The County does not share such revenue with the City of Everglades, the City of Marco Island and the City of Naples.] Collection and Distribution. FDOR collects the Ninth Cent Fuel Tax and deposits the revenues in the Ninth Cent Fuel Tax Trust Fund. The 7.3% General Revenue Fund service charge does not apply to the Ninth Cent Fuel Tax Trust Fund, although a 0.67% collection allowance is provided for certain suppliers and wholesalers. In addition, FDOR is authorized to deduct certain administrative costs from the Ninth Cent Fuel Tax Trust Fund. The administrative cost deduction is limited to 2% of total collections. Proceeds of the Ninth Cent Fuel Tax are distributed monthly. Eligibility. There are no special eligibility requirements for counties wishing to levy the Ninth Cent Fuel'Tax. Use of Revenue. Proceeds of the Ninth Cent Fuel Tax flow through the Local Option Fuel Tax Trust Fund and may be used solely for the purpose of paying the costs and expenses of establishing, operating and maintaining a transportation system and related facilities, and the cost of acquisition, construction, reconstruction and maintenance of road and streets. Collier County Collection Data. The County has imposed the Ninth Cent Fuel Tax since June 1, 1980, and the levy of the tax will expire on June 1, 2010, but it can be extended by the County. See "FUTURE VALIDATION" herein for a discussion concerning the possible extension of the Ninth Cent Gas Tax in the future. [As previously noted, the County has not entered into an interlocal agreement with any municipality for the sharing of the Ninth Cent Gas Tax revenues.] [Remainder of page intentionally left blank] 22 The table below sets forth the amount of Ninth Cent Gas Tax revenues received by the County for the fiscal years ended September 30, 1993 through 2002. COLLIER COUNTY, FLORIDA NINTH CENT GAS TAX REVENUES Fiscal Year Ninth Cent Percentage Ended Gas Tax Increase September 30 Revenues Received(x) (Decrease) 1993 $973,944 -- 1994 982,579 0.9% 1995 1,006,286 2.4 1996 1,065,750 5.9 1997 1,043,736 (2.1) 1998 1,149,120 10.1 1999 1,192,823 3.8 2000 1,273,616 6.8 2001 1,309,818 2.8 2002 1,420,292(2) 8.4 Source: Collier County Finance Department (1) Unaudited. (2) Unaudited interim result subject to adjustment as more complete results become available and as the County's fmancial statements are subjected to a year-end audit. Six Cents Local Option Gas Tax and Five Cents Local Option Gas Tax In General. Each county in the State is authorized to levy a tax, statutorily referred to as the "Local Option Fuel Tax," of between one cent and eleven cents per net gallon on motor fuel sold in such county in the form of two separate levies. The first levy is a tax of one to six cents and may be authorized in a county by an ordinance adopted by a majority vote of the governing body of a county or by voter approval in a county-wide referendum. The County levies all six cents which levy was approved by the Gas Tax Ordinances. All of Florida's sixty-seven counties levy this portion of the Local Option Fuel Tax with sixty-four of the counties levying at the maximum rate of six cents. This portion of the Local Option Fuel Tax is referred to in the Resolution and herein as the "Six Cents Local Option Gas Tax." The definition of Six Cents Local Option Gas Tax in the Resolution includes any additional local option gas tax revenues hereafter available pursuant to the Act and pledged by the County pursuant to Supplemental Resolution. The second levy is a tax of one to five cents which may be authorized in a county by an ordinance adopted by a majority plus one vote of the governing body of a county or by voter approval in a county-wide referendum. The County levies all five cents which levy was approved by the Gas Tax Ordinances. This portion of the Local Option Fuel Tax is referred to in the Resolution and herein as the "Five Cents Local Option Gas Tax." The definition of Five Cents Local Option Gas Tax in the Resolution includes any additional local option gas tax revenues hereafter available pursuant to the Act and pledged by the County pursuant to Supplemental Resolution. Since July 1, 1996, each county is statutorily required (previously the levy had been optional) to impose a tax, also referred to as the "Local Option Fuel Tax," of six cents per net gallon on diesel fuel sold in such coUnty. The tax .of six cents per net gallon on diesel fuel is automatically levied in each county even though such county may not have imposed a levy on motor fuel at all or is not levying the first one to six cents tax on motor fuel at all or at the full six cents. The term "diesel fuel" means all petroleum distillates commonly known as diesel #2 or any other product blended with diesel or any product placed into the storage supply tank of a diesel~powered motor vehicle. Collection and Distribution. FDOR collects the Local Option Fuel Tax in eachcounty and deposits the proceeds into the State's Local Option Fuel Tax Trust Fund. The Local Option Fuel Tax Trust Fund is subject to a 7.3% charge imposed by the State, representing a share of the cost of general government of the State. This charge is deducted from the Local Option Fuel Tax Trust Fund and is deposited in the General Revenue Fund of the State. In addition, FDOR is authorized to deduct certain administrative costs incurred in collecting, administering, enforcing and distributing the proceeds of such tax to the counties in an amount not to exceed 2% of total collections from the Local Option Fuel Tax Trust Fund. The net proceeds collected from the Local Option Fuel Tax are distributed by FDOR to each eligible county and the eligible municipalities therein according to a distribution formula determined at the local level by interlocal agreement between the county and the municipahties within the county's boundaries representing a majority of the population of the incorporated area within the county. If no interlocal agreement is established, then the distribution is based on the relative transportation expenditures of the county and the municipalities therein for the preceding 5 years. There are three incorporated municipalities in the County, and pursuant to interlocal agreements, the Six Cents Local Option Gas Tax and the Five Cents Local Option Gas Tax revenues are divided among the County and these cities as follows: Recipient Share of Proceeds of Six Cents Local Gas Tax Share of Proceeds of Five Cents Local Gas Tax City of Everglades 0.75% 0.75% City of Marco Island 4.97 5.26 City of Naples 14.19 14.48 Collier County 80.09 79.51 100.00% 100.00% Any newly incorporated municipality located in a county levying a Local Option Fuel Tax is entitled to receive a share of the tax revenues. However, the amounts distributed to a new municipality may not materially or adversely affect the rights of holders of outstanding bonds backed by the Local Option Fuel Tax, and the amounts distributed to the county and each pre-existing municipality may not be reduced below the amount necessary to pay principal and interest and reserves for principal and interest as required under the covenants of .any bond resolution outstanding on the date of incorporation of a new municipality. Eligibility. In order to be eligible to receive a distribution of funds from the Local Option Fuel Tax Trust Fund, each county or municipality must have: (i) reported its finances for its most recently completed fiscal year to the State Department of Banking and Finance as required by Florida law; (ii) made provisions for annual postaudits of financial accounts in accordance with provisions of law; (iii) levied, as shown on its most recent fmancial report, ad valorem taxes, exclusive of taxes levied for debt service or o~her special millages authorized by the voters, to produce the revenue equivalent to a millage rate of.3 mills on the dollar based upon 1973 t~nble values or, in order to produce revenue equivalent to that which would otherwise be produced by such 3 mill ad 24 valorem tax, to have received certain revenues from a county (in the case of a municipality), an occupational license tax, utility tax, or ad valorem tax, or any combination of those four sources; (iv) certified that persons in its employ as law enforcement officers meet certain qualifications for employment, and receive certain compensation; (v) certified that persons in its employ as ffrefighters meet certain employment qualifications are eligible for certain compensation; (vi) certified that each dependent special district that is budgeted separately from the general budget of such county or municipality has met the provisions for annual postaudit of its financial accounts in accordance with law; and (vii) certified to FDOR that it has complied with certain procedures regarding the establishment of the ad valorem tax millage of the county or municipality as required by law. Any funds otherwise undistributed because of inehgibility of a county or municipality shall be distributed to the eligible governments within the applicable county in proportion to other monies distributed pursuant to Section 336.025, Florida Statutes. Use of Revenue. Generally, county and municipal governments may use monies received from the Local Option Fuel Trust Fund ordy for transportation expenditures, de£med as: (a) public transportation operation and maintenance; (b) roadway and right-of-way maintenance and equipment and structures used primarily for the storage and maintenance of such equipment; (c) roadway and right-of-way drainage; (d) street lighting; (e) traffic signs, traffic engineering, signalization and pavement markings; (f) bridge maintenance and operation; and (g) debt service and current expenditures for transportation capital projects in the foregoing program areas including the construction and reconstruction of roads. · Specific to the Five Cent Local Option Gas Tax only, the authorized use of such monies is further limited to transportation expenses included in the capital improvements element of the County's comprehensive plan. Such plan must identify the needed public transportation facility, the estimated facility's 'costs, including operation and maintenance costs, and that the funding shall come from the Five Cent Local Option Gas Tax. A county or municipality may not issue bonds payable from the Local Option Fuel Tax more frequently than once per year. The County represents that it has been in compliance with the statutory eligibility requirements for the Local Option Fuel Tax in the past and that it covenants to do so in the future. Collier County Revenue I~ata..The County has levied a Six Cents Local Option Gas Tax since September 1, 1985 and a Five Cents Local Option Gas Tax since January 1, 1994, and it 25 currently levies the Six Cents Local Option Gas Tax of six cents upon every gallon of motor fuel and diesel fuel sold in the County and the Five Cents Local Option Gas Tax of five cents upon every gallon of motor fuel (but not diesel fuel) sold in the County. Under the current Gas Tax Ordinances, the levy of the Six Cents Local Option Gas Tax will expire on August 31, 2015. See "FUTURE VALIDATION~' herein for a discussion concerning the possible extension of the Six Cent Local Option Gas Tax in the future. Under the current Gas Tax Ordinances, the levy of the Five Cents Local Option Gas Tax will expire on August 31, 2023, but it can be extended by the County. The following table sets forth the amount of Six Cents Local Option Gas Tax revenues received by the County for the fiscal years ended September 30, 1993 through 2002. COLLIER COUNTY, FLORIDA SIX CENTS LOCAL OPTION GAS TAX REVENUES County Fiscal Year Ended September 30 Six Cents Local Option Gas Tax Revenues Receiv~u Percentage Increase (Decrease) 1993 $4,440,674 -- 1994 4,436,660 (0.1%) 1995 4,546,831 2.5 1996 5,118,248 12.6 1997 4,365,244 (14.7) 1998 5,244,625 20.2 1999 4,996,124 (4.7) 2000 5,563,378 11.4 2001 5,813,115 4.5 2002 6,353,390(2) 9.3 Source: Collier County Finance Department (1) Unaudited. (2) Unaudited interim result subject to adjustment as more complete results become available and as the County's financial statements are subjected to a year-end audit. [Remainder of page intentionally left blank] 26 The following table sets forth the amount of Five Cents Local Option Gas Tax revenues received by the County for the fiscal years ended September 30, 1993 through 2002. COLLIER COUNTY, FLORIDA FIVE CENTS LOCAL OPTION GAS TAX REVENUES County Fiscal Year Five Cents Local Percentage Ended Option Gas Tax Increase September 30 Revenues Received(~) (Decrease) 1993 $0(2) __ 1994 2,532,042(s) 1995 3,651,186 -- 1996 3,854,252 5.6% 1997 3,768,855 (2.2) 1998 3,931,426 4.3 1999 4,023,839 2.4 2000 4,192,302 4.2 2001 4,436,686 5.8 2002 4,830,335(4) 8.9 Source: Collier County Finance Department (1) Unaudited. (2) Collection of the Five Cents Local Option Gas Tax was levied for the first time on January 1, 1994. (3) This amount reflects the partial year revenues received between January 1, 1994 and September 30, 1994. (4) Unaudited interim result subject to adjustment as more complete results become available and as the County's financial statements are subjected to a year-end audit. [Remainder of page intentionally left blank] 27 Aggregate Gas Tax Revenues The table below sets forth the Total Gas Tax Revenues (the sum of the Seventh Cent Gas Tax, the Ninth Cent Gas Tax, the Six Cents Local Option Gas Tax and the Five Cents Local Option Gas Tax), the Total Gas Tax Revenues less the Ninth Cent Gas Tax, and the Total Gas Tax Revenues less the Ninth Cent Gas Tax and less the Six Cents Local Option Gas Tax, all received by the County for the fiscal years ended September 30, 1993 through 2002. COLLIER COUNTY, FLORIDA GAS TAX REVENUES Total Gas Tax Less the Ninth Total Gas Tax Cent Gas Tax Fiscal Year Percentage Percentage Ended Revenues Increase Revenues Increase September 30 Received(~) (Decrease_) Received(~) (Decrease) Total Gas Tax Less the Ninth Cent Gas Tax and Less the Six Cents Local Option Gas Tax Percentage Revenues Increase Received(~) (Decrease' 1993 $ 6,315,222 -- $ 5,341,278 19.29% $ 900,604 14.50% 1994(2) 8,811,536 39.5% 7,828,957 46.57 3,392,297 276.67 1995 10,306,121 17.0 9,299,835 18.79 4,753,004 40.11 1996 11,104,184 7.7 10,038,434 7.94 4,920,186 3.52 1997 10,276,935 (7.5) 9,233,199 (8.02) 4,867,955 (1.06) 1998 11,489,912 11.8 10,340,792 12.00 5,096,167 4.69 1999 11,576,600 0.8 10,383,777 0.42 5,387,653 5.72 2000 12,472,071 7.7 11,198,455 7.85 5,635,077 4.59 2001 13,070,648 4.8 11,760,830 5.02 5,947,715 5.55 2002 14,246,810(3) 9.0 12,826,518 9.06 6,473,128 8.83 Source: Collier County Finance Department (1) Unaudited. (2) These revenues received and percentage increases for 1994 reflect the addition of the Five Cents Local Option Gas Tax, which was levied for the first time on January 1, 1994. (3) Unaudited interim result subject to adjustment as more complete results become available and as the County's financial statements are subjected to a year-end audit. [Remainder of page intentionally left blnnlr] 28 The amount of Gas Tax Revenues received by the County is dependent upon numerous factors, including the amount of motor fuel and diesel fuel sold in the State and the County and the population of the County relative to the population of the State. Furthermore, incorporation of additional municipalities within the County and the relative population size of the County and municipalities w/thin the County could affect the amount of Gas Tax Revenues distributable to the County. Most of the factors that affect the amount of Gas Tax Revenues distributable to the County are beyond the control of the County. Pro Forma Debt Service Coverage The following table sets forth pro-forma debt service coverage ratio for the Series 2003 Bonds based on the Gas Tax Revenues received by the County for the fiscal year ended September 30, 2002, and reflecting the currently scheduled expiration of the Ninth Cent Gas Tax in 2010, the currently schedule expiration of the Six Cents Local Option Gas Tax in 2015 based on the currently authorized levies of the Gas Taxes, and the estimated Maximum Annual Debt Service for the Series 2003 Bonds?) PRO-FORMA DEBT SERVICE COVERAGE Applicable Debt Service Period Pro-Forma Maximum Debt Service Applicable Gas Annual Debt Coverage for Tax Revenues Service for the the Applicable (Fiscal Year Applicable Debt Debt Service Ended 09/30/02)0) Services Period(2) Period(2) Present through June 1, 2010 $14,246,810 $9,497,722.50 1.50X June 2, 2010 through June 1, 2015 $12,826,518 8,550,212.50 1.50x June 2, 2015 through June 1, 2023 $6,473,128 4,312,850.00 1.50x Source: (1) (2) Collier County Finance Department All Applicable Gas Tax Revenues are based on the Gas Tax Revenues received by the County for the fiscal year ended September 30, 2002. The Applicable Gas Tax Revenues for the present through June 1, 2010 are the Total Gas Tax Revenues described herein. The Applicable Gas Tax Revenues for June 2, 2010 through June 1, 2015 are the Total Gas Tax Revenues less the Ninth Cent Gas Tax Revenues. The Applicable Gas Tax Revenues for June 2, 2015 through June 1, 2023 are the Total Gas Tax Revenues less the Ninth Cent Gas Tax Revenues and less the Six Cents Local Option Gas Tax Revenues. Estimated Maximum Annual Debt Service for the Series 2003 Bonds was provided by the Financial Advisor and is structured assuming an estimated principal amount of $106,555,000,an estimated true interest cost rate of 4.09799%, and a final maturity of June 1, 2023. See "DEBT SERVICE SCHEDULE" herein. BOND INSURANCE POLICY The following information under this heading has been furnished by "Insurer") for use in this Official Statement. (~he [TO COME] THE INFORMATION REI~ATING TO THE INSURER CONTAINED ABOVE HAS BEEN FURNISHED BY THE INSURER. NO. REPRESENTATION IS MADE BY THE COUNTY OR THE UNDERWRITERS AS TO THE ACCURACY OR ADEQUACY OF SUCH INFORMATION OR THAT 29 THERE HASNO T BEEN ANY MATERIAL ADVERSE CHANGE IN SUCH INFORMATION SUBSEQUENT TO THE DATE OF SUCH INFORMATION. NEITHER THE COUNTY NOR THE UNDERWRITERS HAS MADE ANY INVESTIGATION INTO THE FINANCIAL CONDITION OF THE INSURER, AND NO REPRESENTATION IS MADE AS TO THE ABILITY OF THE INSURER TO MEET ITS OBLIGATIONS UNDER THE BOND INSURANCE POLICY. [RESERVE ACCOUNT INSURANCE POLICY] Concurrently with the issuance of the Series 2003 Bonds, the Insurer will issue its Municipal Bond Debt Service Reserve Account Insurance Policy (the "Reserve Account Insurance Policy") for deposit into the Reserve Account. A general description of the Insurer's financial condition is contained under the heading "MUNICIPAL BOND INSURANCE" herein. A form of the Reserve Account Insurance Policy is attached hereto as "APPENDIX E - FORM OF RESERVE ACCOUNT INSURANCE POLICY." The following information under this heading has been furnished by the Insurer for use in this Official Statement. [TO COME] THE INFORMATION RELATING TO THE INSURER CONTAINED ABOVE HAS BEEN FURNISHED BY THE INSURER. NO REPRESENTATION IS MADE BY THE COUNTY OR THE UNDERWRITERS AS TO THE ACCURACY OR ADEQUACY OF SUCH INFORMATION OR THAT THERE HASNO T BEEN ANY MATERIAL ADVERSE CHANGE IN SUCH INFORMATION SUBSEQUENT TO THE DATE OF SUCH INFORMATION. NEITHER THE COUNTY NOR THE UNDERWRITERS HAS MADE ANY INVESTIGATION INTO THE FINANCIAL CONDITION OF THE INSURER, AND NO REPRESENTATION IS MADE AS TO THE ABILITY OF THE INSURER TO MEET ITS OBLIGATIONS UNDER THE RESERVE ACCOUNT INSURANCE POLICY. [Remainder of page intentionally left blank] 3O ESTIMATED SOURCES AND USES OF FUNDS The table that follows summarizes the estimated sources and uses of funds to be derived from the sale of the Series 2003 Bonds: SOURCES: Principal Amount of Series 2003 Bonds Other Legally Available Moneys(~) TOTAL SOURCES USES: Deposit to Construction Fund Deposit to Escrow Fund(2) Costs of Issuance(s) TOTAL USES $ (1) (2) (3) Represents moneys on deposit in certain of the funds and accounts established with respect to the Prior Bonds. Moneys on deposit m the Escrow Fund shall be used to pay the principal of, redemption premium, and interest on the Prior Bonds. Includes bond insurance policy premium, [reserve account insurance policy premium,] and Underwriters' discount, legal and other professional fees and miscellaneous costs of issuance. [Remainder of page intentionally left blank] 31 ESTIMATED SOURCES AND USES OF FUNDS The table that follows summarizes the estimated sources and uses of funds to be derived f~om the sale of the Series 2003 Bonds: SOURCES: Principal Amount of Series 2003 Bonds Other Legally Available Moneys(~) TOTAL SOURCES USES: Deposit to Construction Fund Deposit to Escrow Fund(2) Costs of Issuance('~) TOTAL USES $ (1) (2) (3) Represents moneys on deposit in certain of the funds and accounts established with respect to the Prior Bonds. Moneys on deposit in the Escrow Fund shall be used to pay the principal of, redemption premium, and interest on the Prior Bonds. Includes bond insurance policy premium, [reserve account insurance policy premium,] and Underwriters' discount, legal and other professional fees and miscellaneous costs of issuance. [Remainder of page intentionally left blank] 31 ESTIMATED SOURCES AND USES OF FUNDS The table that follows summarizes the estimated sources and uses of funds to be derived f~om the sale of the Series 2003 Bonds: SOURCES: Principal Amount of Series 2003 Bonds Other Legally Available Moneys(~) TOTAL SOURCES USES: Deposit to Construction Fund Deposit to Escrow Fund(2) Costs of Issuance(3) (2) (3) TOTAL USES $ Represents moneys on deposit in certain of the funds and accounts established with respect to the Prior Bonds. Moneys On deposit in the Escrow Fund shall be used to pay the principal of, redemption premium, and interest on the Prior Bonds. Includes bond insurance policy premium, [reserve account insurance policy premium,] and Underwriters' discount, legal and other professional fees and miscellaneous costs of issuance. [Remainder of page intentionally left blank] 31 Year Ended June 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 DEBT SERVICE SCHEDULE Series 2003 Bonds Principal Interest $ $ Annual Debt Service TOTALS $ $ $ [Remainder of page intentionally left blank] 32 INVESTMENT POLICY The moneys held in the funds and accounts under the Resolution may only be invested in Authorized Investments. The investment of surplus funds is currently governed by the provisions of the County's Ordinance No. 87-65 and Resolution No. 95-552 which authorize investments for surplus public funds in the permitted investments described in Section 218.415, Florida S~tutes. Pursuant to Resolution No. 95-552, the Clerk of the Circuit Court (the "Clerk") has established a written investment policy for the such surplus funds. The investment policy establishes guidelines as to the type, maturity, composition and risk relating to the County's investment portfolio. [Has the County's investment policy been updated since Resolution No. 95-552?] Permitted investments pursuant to such investment policy include the following: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Florida Local Government Surplus Trust Fund (State Board of Administration ("SBA")); US Government Securities - Direct Obligations; US Federal Agencies - Backed by Full Faith and Credit of US Government; US Federal Instrumentalities - US Federal Agency Securities Not Backed by Full Faith and Credit of US Government, except for Student Loan Marketing Association; Certificates of Deposit - Collateralized with US Government Securities or Federal Agencies; Repurchase Agreements; Fixed Income Mutual Funds - Collateralized with US Government Securities or Federal Agencies; Domestic Bankers Acceptances - Rated "AA" or higher, and inventory based; Prime Commercial Paper - Rated "A-i" and "P-i," and backed by a letter of credit rated "AA" or higher; Tax-Exempt Obligations - Rated "AA" or higher and issued by state or local governments; Now Account - Fully collateralized in accordance with Chapter 280, Florida Statutes (limited to Depository Bank/Concentration Bank); Variable Rate Securities only if the rate is a straight floating rate that is set in a direct, as opposed to inverse, relationship to a single index; and Mortgage Securities (CMOs) only if they are: a. Issued by US Federal Agencies or US Federal Instrumentalities, b. Pass the Federal Financial Investment Examination Council (FFIEC) test at time of purchase, and c. Have an average life of five (5) years or less and have an absolute final maturity of no more than fifteen (15) years at zero PSA. The term "zero PSA" means that all interest and principal payments are guaranteed to be made by the stated final maturity assuming no prepayments. Specifically prohibited investments include the following: Interest only strips of mortgaged backed securities; Leveraged bonds; Structured notes or financings other than mortgage securities that meet the provisions of the investment policy (permit callable and step up coupons); Variable rate securities that set a rate based on an inverse relationship to an indexi . and Variable rate debt 'that sets a rate based' on more than a single index. 33 ESTIMATED SOURCES AND USES OF FUNDS The table that follows summarizes the estimated sources and uses of funds to be derived ~rom the sale of the Series 2003 Bonds: SOURCES: Principal Amount of Series 2003 Bonds Other Legally Available Moneys(~) TOTAL SOURCES USES: Deposit to Construction Fund Deposit to Escrow Fund(2) Costs of Issuance(3) TOTAL USES $ (2) (3) Represents moneys on deposit in certain of the funds and accounts established with respect to the Prior Bonds. Moneys on deposit in the Escrow Fund shah be used to pay the principal of, redemption premium, and interest on the Prior Bonds. Includes bond insurance policy premium, [reserve account insurance policy premium,] and Underwriters' discount, legal and other professional fees and miscellaneous costs of issuance. [Remainder of page intentionally left blank] 31 Year Ended June 1 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 DEBTSERVICESCHEDULE Se~es2003Bonds Principal Interest $ $ Annual Debt Service TOTALS $ $ $ [Remainder of page intentionally left blank] 32 INVESTMENT POLICY The moneys held in the funds and accounts under the Resolution may only be invested in Authorized Investments. The investment of surplus funds is currently governed by the provisions of the County's Ordinance No. 87-65 and Resolution No. 95-552 which authorize investments for surplus public funds in the permitted investments described in Section 218.415, Florida Statutes. Pursuant to Resolution No. 95-552, the Clerk of the Circuit Court (the "Clerk") has established a written investment policy for the such surplus funds. The investment policy establishes guidelines as to the type, maturity, composition and risk relating to the County's investment portfolio. [Has the County's investment policy been updated since Resolution No. 95-5527] Permitted investments pursuant to such investment policy include the following: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Florida Local Government Surplus Trust Fund (State Board of Administration ("SBA")); US Government Securities - Direct Obligations; US Federal Agencies - Backed by Full Faith and Credit of US Government; US Federal Instrumentalities - US Federal Agency Securities Not Backed by Full Faith and Credit of US Government, except for Student Loan Marketing Association; Certificates of Deposit - Collateralized with US Government Securities or Federal Agencies; Repurchase Agreements; Fixed Income Mutual Funds - Collateralized with US Government Securities or Federal Agencies; Domestic Bankers Acceptances - Rated "AA" or higher, and inventory based; Prime Commercial Paper - Rated "A-l" and "P-l," and backed by a letter of credit rated "AA" or higher; Tax-Exempt Obligations - Rated "AA" or higher and issued by state or local governments; Now Account - Fully collateralized in accordance with Chapter 280, Florida Statutes (limited to Depository Bank/Concentration Bank); Variable Rate Securities only if the rate is a straight floating rate that is set in a direct, as opposed to inverse, relationship to a single index; and Mortgage Securities (CMOs) only if they are: a. Issued by US Federal Agencies or US Federal Instrumentalities, b. Pass the Federal Financial Investment Examination Council (FFIEC) test at time of purchase, and c. Have an average life of five (5) years or less and have an absolute final maturity of no more than fifteen (15) years at zero PSA. The term "zero PSA" means that all interest and principal payments are guaranteed to be made by the stated final maturity assuming no prepayments. Specifically prohibited investments include the following: Interest only strips of mortgaged backed securities; Leveraged bonds; ' Structured notes or financings other than mortgage securities that meet the provisions of the investment policy (permit callable and step up coupons); Variable rate securities that set a rate based on an inverse relationship to an index; and '~ " Variable rate debt ~hat sets a rate based' on more than a single index. 33 The County continues to hold various U.S. Government agency securities, including Federal Home Loan Mortgage Corporation and Federal National Mortgage Association collateralized mortgage obligations that were purchased in 1993. At September 30, 2001, the fair market value of these investments was approximately $5.9 million, which is 1% above cost. [Do we have a more up to date fair market value estimate?] The objective of the investment policy is to match investment cash flow and maturity with known cash needs and anticipated cash flow requirements (i.e., match assets to liabilities) to the extent possible. Investment of funds shall have final maturities of not more than five (5) years, except for: 2. 3. 4. 5. 6. SBA - no stated final maturity; Certificates of Deposit - 1 Year; Repurchase Agreements - 90 Days; Bankers Acceptances - 120 Days; Prime Commercial Paper - 120 Days; Fixed Income Mutual Funds - no stated final maturity. However, underlying US Government Securities and Federal Agencies have average maturity of i year; Mortgage Securities - average life of 5 years or less and have an absolute final maturity of no more than 15 years at zero PSA; and US Government Securities and Federal Agencies deposited into an escrow account in connection with the refunding of a County bond issue can have a final maturity of more than 5 years. Mortgage securities shall not be used to match liabilities that are reasonably definable as to amount and disbursement date. Mortgage securities can only be used to invest funds associated with reserves or liabilities that are not associated with a specifically identified cash flow schedule. Mortgage securities can be used to prudently enhance the return on the portfolio. Any and all exceptions to the investment policy require a vote of the majority of Board. Furthermore, the Board may revise the aforementioned investment policy from time to time. LEGAL MATTERS Certain legal matters in connection with the issuance of the Series 2003 Bonds are subject to an approving legal opinion of Nabors, Giblin & Nickerson, P.A., Tampa, Florida, Bond Counsel, whose approving opinion (a form of which is attached hereto as "APPENDIX F- FORM OF BOND COUNSEL OPINION") will be available at the time of delivery of the Series 2003 Bonds. Certain legal matters will be passed on for the County by David C. Weigel, Esq., County Attorney, and Bryant, Miller and Olive, P.A~, Tampa, Florida, Disclosure Counsel. Schifino & Fleischer, Tampa, Florida, is acting as counsel to the Underwriters. Bond Counsel has not been engaged to, nor has it undertaken to, review (1) the accuracy, completeness or sufficiency of this Official Statement or any other offering material relating to the Series 2003 Bonds; provided, however, that Bond Counsel will render an opinion to the Underwriters of the Series 2003 Bonds (upon which opinion only the Underwriters may rely) relating to the fairness of the presentation of certain statements contained herein under the heading "TAX EXEN[PTION" and certain statements which summarize provisions of the Resolution, the Series 2003 Bonds, and federal tax law, and (2) the compliance with any federal or state law with regard to the sale or distribution of the Seri.e~ 2003 Bonds. 34 FUTURE PLANS TO ADD SECURITY Pursuant to the Resolution, the County may in the future add additional gas taxes to the Gas Tax Revenues pledged to .secure the Series 2003 Bonds. See "APPENDIX C -- Form of Resolution," "SECURITY FOR THE BONDS - General" herein and "SECURITY FOR THE BONDS - Amendment of Resolution without Consent of Bondholders" herein. Article XII, Section 9(c) of the Constitution of the State of Florida and Section 206.41, Florida Statutes, an excise or license tax of two cents is imposed on each net gallon of motor fuel first sold in, removed from or brought into the State of Florida (as referred to herein as the "Constitutional Fuel Tax"). The County anticipates that it will issue Additional Bonds pursuant to the Resolution in the approximate amount of $ in the calendar year 2004, and in connection therewith that it will add the Constitutional Fuel Tax revenues it receives to .the "Gas Tax Revenues" pledged to secure the Bonds pursuant to the Resolution. Presently, no proceeds of the Constitutional Fuel Tax are pledged to the Bonds. The Florida Statutes do not explicitly authorize a county to pledge as a source of security for a bond issue the Constitutional Fuel Tax it receives from the State. Although the County has no reason to believe it may occur, it is possible that the Florida Legislature could amend the statutorily authorized uses 'of the Constitutional Fuel Tax to restrict the uses of the moneys, including without limitation a prohibition for use of those funds to make debt service payments on local indebtedness such as the Bonds. If the Legislature did attempt to take such action, the County would vigorously challenge such an action on the grounds of "impairment of contract" under the Florida Constitution. However, it is unclear as to whether the County would be successful on such a challenge. The County is not aware of any prior action of the Florida Legislature that has ever jeopardized the making of debt service payments on local indebtedness such as the Bonds. Nevertheless, there can be no assurance given to the holders of any Series 2003 Bonds that the Florida Legislature will not amend the Act in some manner which would have the affect of repealing, impairing or amending the rights of the holders of such Series 2003 Bonds with respect to the Constitutional Fuel Tax revenues, all or some portion of which the County may add to the Gas Tax Revenues pledged to secure the Bonds. Again, no portion of the Constitutional Fuel Tax is pledged to the Bonds, so the risk described in this paragraph is irrelevant unless and until it is added as security in the future. The County is under no obligation to add the Constitutional Fuel Tax it receives as security for the Bonds. FUTURE VALIDATION Subsequent to delivery of the Series 2003 Bonds, it is. anticipated that the Board will consider enacting an ordinance that extends the Ninth Cent Gas Tax and the Sixth Cent Gas Tax. Assuming that the Board extends either or both levies, the County anticipates that it will issue Additional Bonds (pursuant to the Resolution in the approximate amount of $. in the calendar year 2004. Prior to issuance of such Additional Bonds, if the Sixth Cent Gas Tax is extended, the County intends to file ab ond validation .under Chapter 75, Florida Statutes, to validate such Additional Bonds and the source of security therefore, and in particular, the issue as to whether the County can extend the Sixth Cent Gas Tax beyond 30 years from the initial date of the levy. The debt service payments for the Series 2003 Bonds, however, will be structured so that the County is not depending on the extensions of the Sixth Cent Gas Tax or the Ninth Cent Gas Tax to make any of the debt service payn~nts on the Series 2003 Bonds. , ...... 35 Chapter 75, Florida Statutes, provides that any final judgment in a bond validation proceeding is forever conclusive as to all matters adjudicated against plaintiff and all parties affected thereby (which may include any taxes or revenues affected, including the extension of the Sixth Cent Gas Tax). The validity of bonc~s, or of any taxes or revenues pledged for the payment thereof, that have been validated pursuant to Chapter 75, Florida Statutes, shall never be called into question in any court by any person or party. Judgments of validation, however, axe not conclusive or binding as to matters collateral to the issuance of the subject bonds or obligations, or not directly affecting the validity thereof. Further, such judgments are not binding as to various matters of federal income tax law. The source of security that will be the issue of such bond validation is the same source of security (absent the extensions of the levies of the Ninth Cent Gas Tax and the Sixth Cent Gas Tax) which secures the Series 2003 Bonds. Nevertheless, with respect to the Series 2003 Bonds, without the need of a bond validation under Chapter 75, Florida Statutes, Bond Counsel will render an unqualified opinion that the Series 2003 Bonds, when issued, are valid obligations of the County. See "APPENDIX B - Form of Bond Counsel Opinion" attached hereto. LITIGATION Except as described below, there is no pending or, to the knowledge of the County, any threatened litigation against the County of any nature whatsoever which in any way questions or affects the validity of the Series 2003 Bonds, or any proceedings or transactions relating to their issuance, sale, execution, or delivery, or the adoption of the Resolution, or the pledge of the Pledged Funds. Neither the creation, organization or existence, nor the title of the present members of the Board, or other officers of the County is being contested. See, however, "FUTURE VALIDATION" herein. The County and five individual County Commissioners are defendants in a lawsuit filed on June 21, 2001, by Aquaport, L.C., a Florida limited liability company, Norman C. Burke and James Allen in the United States District Court for the Middle District of Florida in a case styled Aquaport, L.C., et al. v. Collier County, et al., Case No. 2:01-CV-341-FTM-29DNF. The suit seeks both equitable and monetary relief and arises from the County's decision on May 22, 2001 to revoke the site development plan and building permit previously issued to Aquaport, L.C., for a 10 story, 68 unit hotel. The County and the five individual County Commissioners responded to the initial complaint with a motion to dismiss. Thereafter, the plaintiffs filed a first amended complaint asserting claims under 42 U.S.C. § 1983 against the County Commissioners individually and against the County for alleged deprivations of procedural and substantive due process in connection with the revocation of the site development plan and building permit. In addition, Aquaport, L.C., has sued for equitable estoppel, claiming that it had vested rights in the building permit and the right to construct the hotel building in accordance with the previously approved site development plan. Aquaport, L.C., also seeks a declaratory judgment as to whether it is necessary for it to file a petition for certiorari and, in the alternative, relief for a petition for writ of certiorari. Aquaport, L.C., claims that it has damages for a loss of commitment to lease the proposed hotel at a profit of $1,000,000 per year and claims other damages in the form of increased construction costs and additional financing charges and other carrying costs including interest. Although no exact damage amount is set forth in the first amended complaint, it is the County's understanding that Aquaport, L.C., is claiming in excess of $10,000,000 in damages, with most of those damages being based upon alleged lost profits from the alleged commitment to lease the proposed hotel. Finally, Mr. Burke and Mr. Allen are claiming an unspecified amount of emotional distress damages and the plaintiffs are also claiming attorneys' fees. [The County and the plaintiffs have filed motions for summary judgment which are pending before the court: While awaiting a ruling on such suramary judgment motions, the County is preparing'for trial.] The County denies liability in this~case. The. 36 County also denies that the plaintiffs are entitled to the reliefthe y demand. At this time, however, the County is unable to predict whether the plaintiffs will be successful in this action, and if plaintiffs are successful, the County is unable to predict how its potential liability, if any, might effect the financial condition of the County. However, whether or not the plaintiffs are successful, any potential liability will not affect the County's ability to repay the principal and 'interest on the Series 2003 Bonds. The Board has been named as a defendant in a lawsuit flied on January 10, 2003, in the Circuit Court for the Twentieth Circuit, Collier County. The case is styled [Century Development of Collier County, Inc., et al. v. Collier County, Case No. ]. The suit, which also names the individual members of the Florida Administration Commission as defendants, has been brought by Century Development of Collier County, Inc., Joseph DeFrancesco, Ricardo A. Haylock and Mildred Haylock, Francis D. Hussey, Mary Pat Hussey, and Anne Kornfeld, as class representatives for approximately 400 to 500 persons owning property in that area of Collier County known as North Belle Meade. The plaintiffs seek monetary rebel from the Board for the purported inverse condemnation of property in North Belle Meade that allegedly results from the Board's adoption of an ordinance and comprehensive plan amendments. The plaintiffs contend that the ordinance and comprehensive plan amendments imposed a moratorium on the North Belle Meade properties, the effect of which was a temporary deprivation of all or substantially all beneficial use of such properties, including but not limited to certain mining rights. The plaintiffs have not identified the amount of damages being sought. Based upon the allegations as currently pled, the Board has a reasonable likelihood of prevailing. At this time, however, the County is unable to predict whether and how the complaint may. be amended and, therefore, is unable to predict whether the plaintiffs will be successful in this action and, if successful, the extent of the Board's ultimate liability. The County experiences other claims, litigation, and various legal proceedings which individually are not expected to have a material adverse effect on the operations or financial condition of the County, but may, in the aggregate, have a material impact thereon. In the opinion of the County Attorney, however, except for the litigation described in the preceding paragraph, the County will either successfully defend such actions or otherwise resolve such matters without any material adverse consequences on the financial condition of the County. DISCLOSURE REQUIRED BY FLORIDA BLUE SKY REGULATIONS Pursuant to Section 517.051, Florida Statutes, as amended, no person may directly or indirectly offer or sell securities of the County except by an offering circular containing full and fair disclosure of all defaults as to principal or interest on its obligations since December 31, 1975, as provided by rule of the Florida Department of Banking and Finance (the "Department"). Pursuant to Rule 3E-400.003, Florida Administrative Code, the Department has required the disclosure of the amounts and types of defaults, any legal proceedings resulting from such defaults, whether a trustee or receiver has been appointed over the assets of the County, and certain additional financial information, unless the County believes in good faith that such information would not be considered material by a reasonable investor. The County is not and has not been in default on any bond issued since December 31, 1975 which woald be considered material by a reasonable investor. TAX EXEMPTION Opinion of Bond Counsel In the opinion of Bond CoUnsel, the form of which is included as "APPENDIX F - FORM OF BOND COUNSEL OPINION" attached hereto, the interest on the Series 2003 Bonds is excludable 37 from gross income for federal income tax purposes and is not a specific item of tax preference for federal income tax purposes under existing statutes, regulations, rulings and court decisions. However, interest on the Series 2003 Bonds is taken into account in determining adjusted current earnings for purposes of computing the federal alternative minimum tax imposed on corporations pursuant to the Internal Revenue Code of 1986, as amended (the "Code"). Failure by the County to comply subsequently to the issuance of the Series 2003 Bonds with certain requirements of the Code, regarding the use, expenditure and inPestment of Series 2003 Bonds proceeds and the timely payment of certain investment earnings to the Treasury of the United States, may cause interest on the Series 2003 Bonds to become includable in gross income for federal income tax purposes retroactive to their date of issuance. The County has covenanted in the Resolution to comply with all provisions of the Code necessary to, among other things, maintain the exclusion from gross income of interest on the Series 2003 Bonds for purposes of federal income taxation. In rendering its opinion, Bond Counsel has assumed continuing compliance with such covenants. Internal Revenue Code of 1986 The Code contains a number of provisions that apply to the Series 2003 Bonds, including, among other things, restrictions relating to the use or investment of the proceeds of the Series 2003 Bonds and the payment of certain arbitrage earnings in excess of the "yield" on the Series 2003 Bonds to the Treasury of the United States. Noncomphance with such provisions may result in interest on the Series 2003 Bonds being included in gross income for federal income tax purposes retroactive to their date of issuance. Collateral Tax Consequences Except as described above, Bond Counsel will express no opinion regarding the federal income tax consequences resulting from the ownership of, receipt or accrual of interest on, or disposition of, the Series 2003 Bonds. Prospective purchasers of Series 2003 Bonds should be aware that the ownership of Series 2003 Bonds may result in other collateral federal tax consequences. For example, ownership of the Series 2003 Bonds may result in collateral tax consequences to various types of corporations relating to (1) denial of interest deduction to purchase or carry such Series 2003 Bonds, (2) the branch profits tax, and (3) the inclusion of interest on the Series 2003 Bonds in passive income for certain Subchapter S corporations. In addition, the interest on the Series 2003 Bonds may be included in gross income by recipients of certain Social Security and Railroad Retirement benefits. PURCHASE, OWNERSHIP, SALE OR DISPOSITION OF THE SERIES 2003 BONDS AND THE RECEIPT OR ACCRUAL OF THE INTEREST THEREON MAY HAVE ADVERSE FEDERAL TAX CONSEQUENCES FOR CERTAIN INDIVIDUAL AND CORPORATE BONDHOLDERS, INCLUDING, BUT NOT LIMITED TO, THE CONSEQUENCES REFERRED TO ABOVE. PROSPECTIVE BONDHOLDERS SHOULD CONSULT WITH THEIR TAX SPECIALISTS FOR INFORMATION IN THAT REGARD. Florida Taxes In the opinion of Bond Counsel, the Series 2003 Bonds and the income thereon are exempt from all present intangible personal property taxes imposed pursuant to Chapter 199, Florida Statutes. Other Tax Matters Interest on the Series 20d3 Bonds may be subject to state or local income taxation under applicable state or local laws in other'jurisdictions. PurChasers of the Seriegl 2003 Bonds shoulc[ consult their own tax advisors as to the income tax status of interest on the Series 2003 Bonds in their particular state or local jurisdiction. During recent years, legislative proposals have been introduced in Congress, and in some cases enacted, that altered certain federal tax consequences resulting from the ownership of obligations that are similar to the Series 2003 Bonds. In some cases, these proposals have contained provisions that altered these consequences on a retroactive basis. Such alterations of federal tax consequences may have affected the market value of obligations similar to the Series 2003 Bonds. From time to time, legislative proposals are pending which could have an effect on both the federal tax consequences resulting from ownership of the Series 2003 Bonds and their marketv alue. No assurance can be given that additional legislative proposals will not be introduced or enacted that would or might apply to, or have an adverse effect upon, the Series 2003 Bonds. Tax Treatment of Original Issue Discount Bond Counsel is further of the opinion that the difference between the principal amount of the Series 2003 Bonds maturing .. through , inclusive and on (collectively the "Discount Bonds") and the initial offering price to the public (excluding bond houses, brokers or similar persons or organizations acting in the capacity of Underwriters or wholesalers) at which price a substantial amount of such Discount Bonds of the same maturity was sold constitutes original issue discount which is excludable from gross income for federal income tax purposes to the same extent as interest on the Series 2003 Bonds. Further, such original issue discount accrues actuarially on a constant interest rate basis over the term of each Discount Bond and the basis of each Discount Bond acquired at such initial offering price by an initial purchaser thereof will be increased by the amount of such accrued original issue discount. The accrual of original issue discount may be taken into account as an increase in the amount of tax-exempt income for purposes of determining various other tax consequences of owning the Discount Bonds, even though there will not be a corresponding cash payment. Owners of the Discount Bonds are advised that they should consult with their own advisors with respect to the state and local tax consequences of owning such Discount Bonds. Tax Treatment of Bond Premium The difference between the principal amount of the Series 2003 Bonds maturing on through , inclusive and on ~ (collectively, the "Premium Bonds") and the initial offering Pric~ to the public (excluding bond houses, brokers or similar persons or organizations acting in the capacity of underwriters or wholesalers) at which price a substantial amount of such Premium Bonds of the same maturity was sold constitutes to an initial purchaser amortizable bond premium which is not deductible from gross income for Federal income tax purposes. The amount of amortizable bond premium for a taxable year is determined actuarially on a constant interest rate basis over the term of each Premium Bond. For purposes of determining gain or loss on the sale or other disposition of a Premium Bond, an initial purchaser who acquires such obligation in the initial offering to the public at the initial offering price is required to decrease such purchaser's adjusted basis in such Premium Bond annually by the amount of amortizable bond premium for the taxable year. The amortization of bond premium may be taken into account as a reduction in the amount of tax-exempt income for purposes of determining various other tax consequences of owning such Premium Bonds, Owners of the Premium Bonds are advised that they should consult with their own advisors with respect to the state and local tax consequences of owning such Premium Bonds. RATINGS Fitch Ratings ("Fitch"), S~andard & Poor's Ratings Group ("S&P"). and Moody's Investor's Service, Inc. ("Moody's") have assigned theirmun icipal bond ratings of ,,AAA,,, AAA_ ~ . "Aaa," " "and ..... 39 respectively, to the Series 2003 Bonds with the understanding that upon delivery of the Series 2003 Bonds, the Bond Insurance Policy will be issued by the Insurer. In addition, Fitch, S&P and Moody's have assigned underlying ratings of" ," ". ." and ". ," respectively, without giving any regard to Series 2003 Bond Insurance Policy. The ratings reflect'only the views of said rating agencies and an explanation of the ratings may be obtained only from said rating agencies. There is no assurance that such ratings will continue for any given period of time or that they will not be lowered or withdrawn entirely by the rating agencies, or any of them, ff in their judgment, circumstances so warrant. A downward change in or withdrawal of any of such ratings, may have an adverse effect on the market price of the Series 2003 Bonds. VERIFICATION OF MATHEMATICAL COMPUTATIONS At the time of the delivery of the Series 2003 Bonds,, , __, a firm of independent certified public accountants, will deliver a report on the mathematical accuracy of the computations contained in schedules provided to them and prepared by the on behalf of the County relating to the sufficiency of the anticipated cash and maturing principal amounts of and interest on the Federal Securities (as defined in the Prior Resolution) to pay, when due, the principal, whether at maturity or upon prior redemption, interest and call premium requirements of the Prior Bonds. FINANCIAL ADVISOR The County has retained William R. Hough & Co., Naples, Florida, as Financial Advisor in connection with the County's financing plans and with respect to the authorization and issuance of the Series 2003 Bonds. The Financial Advisor is not obligated to undertake and has not undertaken to make an independent verification or to assume responsibility for the accuracy, completeness, or fairness of thein formation contained in the Official Statement. The Financial Advisor did not participate in the undervfriting of the Series 2003 Bonds. The Financial Advisor may receive a fee for bidding investments for certain proceeds of the Series 2003 Bonds. AUDITED FINANCIAL STATEMENTS The General Purpose Financial Statements of the County for the fiscal ~ear ending September 30, 2001, and report thereon of KPMG LLP (the "Independent Certified Public Accountant") are attached hereto as "APPENDIX B - AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR ENDED SEPTEMBER 30, 2001." Such statements speak only as of September 30, 2001. [The Independent Certified Public Accountants have consented to the use thereof herein_] The Series 2003 Bonds are payable solely fxom the Pledged Funds as described in the Resolution and herein and the Series 2003 Bonds are not otherwise secured by, or payable fl~m, the general revenues of the County. See "SECURITY FOR THE BONDS" herein. The General Purpose Financial Statements are presented for general information, purposes only. [For the fiscal year ending September 30, 2002, the County will prepare its annual financial statements in accordance with GASB No. 34. The Clerk's Office, including the Finance Department, is implementing such requirements with the assistance of its consultants to insUre that all r.e~luirements of GASB No. 34 are satisfied.] 4O UNDERWRITING The Series 2003 Bonds are being purchased by Morgan Stanley & Co. Incorporated, on behalf of itself, A.G. Edwards & Sons, Inc. and Raymond James & Associates, Inc. (collectively, the "Underwriters") at an aggregate purchase price of $. (which equals the principal amount of the Series 2003 Bonds, plus a premium of $ , less original issue discount of $. and less Underwriters' discount of $ ). The Underwriters obligations are subject to certain conditions precedent contained in a contract of purchase entered into with the County, and it will be obligated to purchase all of the Series 2003 Bonds if any Series 2003 Bonds are purchased. The Series 2003 Bonds may be offered and sold to certain dealers (including dealers depositing such Series 2003 Bonds into investment trusts) at prices lower than such public offering prices, and such public offering prices may be changed, from time to time, by the Underwriters. CONTINGENT FEES The County has retained Bond Counsel, the Financial Advisor and Disclosure Counsel with respect to the authorization, sale, execution and delivery of the Series 2003 Bonds. Payment of the fees of such professionals and an underwriting discount to the Underwriters are each contingent upon the issuance of the Series 2003 Bonds. ENFORCEABILITY OF REMEDIES The remedies available to the owners of the Series 2003 Bonds upon an event of default under the Resolution and the Bond Insurance Policy are in many respects dependent upon judicial actions which are often subject to discretion and delay. Under existing constitutional and statutory law and judicial decisions, including specifically the federal bankruptcy code, the remedies specified by the Resolution, the Series 2003 Bonds and the Bond Insurance Policy may not be readily available or may be limited. The various legal opinions to be delivered concurrently with the delivery of the Series 2003 Bonds, including Bond Counsel's approving opinion, will be qualified, as to the enforceability of the remedies provided in the various legal instruments, by limitations imposed by bankruptcy, reorganization, insolvency or other similar laws affecting the rights of creditors enacted before of after such delivery. See "APPENDIX C - FORM OF THE RESOLUTION" attached hereto for a description of events of default and remedies. CONTINUING DISCLOSURE The County has covenanted for the benefit of the Bondholders to provide certain financial information and operating data relating to the County and the Series 2003 Bonds in each year, and to provide notices of the occurrence of certain enumerated material events. The County has agreed to file annual financial information and operating data and its audited financial statements with each nationally recognized municipal securities information repository then approved by the Securities and Exchange Commission (the "NRMSIRs"), as well as any state information depository that is established in the State (the "SID"). Currently, there are no such SIDs. The County has agreed to file notices of certain enumerated material events, when and if they occur, with the NRMSIRs or the Municipal Securities Rulemaking Board, and with the SIDs, if any. The specific nature of the financial information, operating data, and of the type of events which trigger a disclosure oblig~/tion, and other details of the undert~lrlng are described in "APPENDIX G - FORM OF CONTINUING DISCLOSURE CERTIFICATE" attached hereto. The Continuing Disclosure Certificate shall 'be executed by the County prior to the issuance of the Series 41 2003 Bonds. These covenants have been made in order to assist the Underwriters in complying with the continuing disclosure requirements of Rule 15c2-12 promulgated by the Securities and Exchange Commission (the "Rule"). With respect to the Series 2003 Bonds, no party other than theCo unty is obligated to provide, nor is expected to provide, any continuing disclosure information with respect to the Rule. The County has never failed to comply with any prior agreements to provide continuing disclosure information pursuant to the Rule. ACCURACY AND COMPLETENESs OF OFFICIAL STATEMENT The references, excerpts, and summaries of all documents, statutes, and information concerning the County and certain reports and statistical data referred to herein do not purport to be complete, comprehensive and definitive and each such summary and reference is qualified in its entirety by reference to each such document for full and complete statements of all matters of fact relating to the Series 2003 Bonds, the security for the payment of the Series 2003 Bonds and the rights and obligations of the owners thereof and to each such statute, report or instrument. Copies of such documents may be obtained from either the office of the Clerk of the Board of County Commissioners, Collier County Government Complex, 3301 East Tamiami Trail, Building F, Naples, Florida 34112, telephone: (941) 774-8383 or the County's Financial Advisor, William R. Hough & Co., 500 Fifth Avenue South, Suite 509, Naples, Florida 34102-6615, telephone (941) 649-6077. Any statements made in this Official Statement involving matters of opinion or of estimates, whether or not so expressly stated are set forth as such and not as representations of fact, and no representation is made that any of the estimates will be realized. Neither this Official Statement nor any statement that may have been made verbally or in writing is to be construed as a contract with the owners of the Series 2003 Bonds. The appendices attached hereto are integral parts of this Official Statement and must be read in their entirety together with all foregoing statements. [Remainder of page intentionally left blank] 42 AUTHORIZATION OF OFFICIAL STATEMENT The execution and delivery of this Official Statement has been duly authorized and approved by the County. At the time of delivery of the Series 2003 Bonds, the County will furnish a certificate to the effect that nothing has come to their attention which would lead it to believe that the Official Statement (other than information herein related to the Insurer, the Bond Insurance Policy, the reserve account insurance policy, DTC, the book-entry only system of registration and the information contained under the caption "TAX EXEMPTION" as to which no opinion shall be expressed), as of its date and as of the date of delivery of the Series 2003 Bonds, contains an untrue statement of a material fact or omits to state a material fact which should be included therein for the purposes for which the Official Statement is intended to be used, or which is necessary to make the statements contained therein, in the light of the circumstances under which they were made, not misleading. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Chairman, Board of County Commissioners Collier County, Florida 43 APPENDIX A GENERAL INFORMATION REGARDING COLLIER COUNTY, FLORIDA The following information concerning Collier County, Florida (the "County") has been supplied by the County and is included only for purposes of supplying general information regarding the County. The 2003 Bonds are secured by the Pledged Funds as described in the Official Statement. General Information The County was established in 1923 by the legislature of the State of Florida (the "State") from portions of Lee and Monroe Counties. Its territorial limits, as they presently exist, contain approximately 2,026 square miles. In terms of land area, it is the largest county in the State. The County is located on the southwest coast of the Florida peninsula directly west of the Miami-Fort Lauderdale area. The County has a U.S. Census 2000 population of 251,377. Principal industries within the County include wholesale and retail trade, tourism, agriculture, forestry, fishing, cattle ranching and construction. The 2000 U.S. Census showed an increase in the population of the County of 65% between the years 1990 and 2000. Board of County Commissioners The Board of County Commissioners (the "Board") is the principal legislative and governing body of the County. The Board consists of five County Commissioners; one from each of the five districts elected for terms of four years. All of the County Commissioners are residents of the County. The current members of the Board and their expiration of terms of office are: Commissioner Office Term Expires Thomas I~L Henning Donna L. Fiala James N. Coletta, Jr. Fred W. Coyle Frank Halas Chairman Vice Chairman Commissioner Commissioner Commissioner November, 2004 November, 2004 November, 2004 November, 2006 November, 2006 County Manager The chief administrative official of the County is the County Manager. This official is directly responsible to the Board for administration and operation of four administrative divisions under the Board and for execution of all Board policies. The County Manager directs the administrative divisions for Community Services, Public Services, Public Works and Support Services. The County Manager is also responsible to the Board for the preparation of budgets and for the control of expenditures of departments under his supervision throughout the budget year. Budget Process The Budget Director, as the County's Budget Officer, begins the budget process each February for the ensuing fiscal year (October 1 to September 30) with the distribution of budget request forms and instructions to departments and division heads. County division heads and elected officers submit their propo.s~d expenditures beginning in April for compilation by the Budget Officer n° later than July I of each year and each submissiOn is matched against available revenues. A balanced, proposed budget is presented to the Board for review within 15 days of r~ceipt of an A-1 assessed value certification from the County's Property Appraiser which is due by July 1. A tentative budget is thereupon adopted within 15 days. Subsequent to public hearings, a final budget is adoPted. The final budget for the fiscal year ended September 30, 2003 was adopted by the Board on September __, 2002. Final millage rates are adopted, usually by late September, and the County's Tax Collector prepares tax bills -for mailing on or after November 1. Upon valid adoption, all expenditures in the budget constitute appropriations, and amendments to the budget can be made only in accordance with the provisions of Chapter 129, Florida Statutes, as amended, and such chapter provides that expenditures in excess of total fund budgets are unlawful. Annual Audit Florida law requires that an annual post audit of each county's accounts and records be completed within six months of the end of each fiscal year by a firm of independent certified public accountants retained and paid for by the county. The County retained the firm of KPMG LLP to undertake the audit for the fiscal year ended September 30, 2002. The audit report for fiscal year 2001 which ended September 30, 2001 was completed by KPMG LLP and is included as APPENDIX B attached to this Official Statement. Population The County has experienced rapid population growth in recent decades. The following table presents historical and projected population growth for the County, the State, and the United States for the period of 1960 to 2020: POPULATION TRENDS Population Population United Population County Percentage State Percentage States Percentage Population Increase Population Increase Population Increase. 1960 15,753 --- 4,951,560 --- 179,323,175 --- 1970 38,040 141.5% 6,791,418 37.1% 203,302,031 13.4% 1980 85,971 126.0 9,746,961 43.5 226,504,825 11.4 1990 152,099 76.9 12,938,071 32.7 250,410,000 10.6 2000 251,377 65.2 15,982,378 23.5 274,634,000 9.7 2010' 343,500 36.6 18,776,400 17.5 297,716,000 8.4 2020* 441,600 28.6 21,683,300 15.5 322,742,000 8.4 *Estimates on County and State population use medium estimates of population growth. Source: Collier County, Florida; Bureau of Census; and the University of Florida, College of Business Administration, Bureau of Economic and Business Research, Division of Population Studies. Most of the growth of CoLLier County is due to migration. As of April 1, 2000, the estimated median age of the County's population was 44.1 years according to the 2001 Florida Statistical Abstract, University of Florida. The majority of the population is over the age of 18, with the age category 15-44 comprising 35% of the overall population. A-2 COLLIER COUNTY EMPLOYMENT BY MAJOR INDUSTRY September 30, 2001 Industry Firms Employee Count(l) Hotels and Other Lodging Health Services Business Services Finance, Insurance and Real Estate Amusement and Recreation Services Services - Other Services 63 4,259 499 8,619 63O 6,507 1,031 6,203 150 3,937 990 4,616 3,363 34,141 Eating and Drinking Places Food Stores Auto Dealers and Service Stations Home Furniture and Furnishings Retail Trade - Other Apparel and Accessory Stores General Merchandise Stores Building Hardware and Garden Retail Trade 459 6,482 147 4,254 129 1,942 253 1,411 394 2,486 194 1,523 27 2,289 77 1,431 1,680 21,818 Federal Government 22 647 State Government 43 843 Local Government 21 8,780 Government 86 10,270 Agriculture, Forestry and Fisheries 399 6,119 Construction 1,210 12,825 Manufacturing 222 2,771 Transportation, Communication and Public Utilities 281 2,418 Wholesale Trade 461 3,070 Mining 6 31 Other 2~579 27~234 Total 7.70_____~8 93,463 (1) Average number of people employed in 2001. Source: Collier County Comprehensive Annual Financial Report for Fiscal Year ended September 20, 2001; Florida Department of Labor & Employment Security; Bureau of Labor Market Information ES-202 Report. A-3 COLLIER COUNTY EMPLOYMENT (1991-2000) Year Labor · Force Emoloyment Unemployment State of County Florida Unemployment Unemployment Rate Rate 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 74 564 75 484 78 654 80 566 81 500 83140 87526 92,044 94,862 100,050 68 784 68.339 72 078 73 979 75 839 78 316 83 115 88 224 91,342 96,548 5,78O 6.6 7.3 7,145 8.9 8.2 6,576 8.5 7.0 6,577 8.2 6.8 5,661 6.9 5.4 4,824 5.8 5.1 4,411 5.O 4.8 3,820 4.2 4.3 3,520 3.7 3.9 3,502 3.5 3.6 Source: U.S. Department of Labor, Bureau of Labor Statistics; Division of Employment Security, Department of Commerce, State of Florida; and Florida Department of Labor and Employment Security, Bureau of Labor Market Information; 2001 Florida Statistical Abstract, University of Florida. [Remainder of page intentionally left blank] A-4 BUILDING PERMIT ACTMTIES IN COLLIER COUNTY (1991-2000) Single Multi- Residential Year Family Units Family Units Valuation(l) 1991 1,664 1,588 $ 255,605 1992 1,949 2,396 402,147 1993 1,702 1,957 385,337 1994 1,964 2,358 449,254 1995 1,957 2,300 501,797 1996 2,318 2,585 447, 563 1997 2,718 3,324 567,883 1998 2,804 4,040 826,199 1999 3,765 3,777 931,599 2000 4,065 3,905 1,188,310 (1) Valuation in thousands of dollars. Source: 2001 Florida Statistical Abstract, University of Florida; Years 1991 through 2000; 2001 University of Florida Bureau of Economic and Business Research, Building Permit Activity in Florida. Agriculture Agriculture is a dominant factor in the economy of the County. Rainfall averages about 52 inches annually with most of the precipitation occurring during the late spring and summer. The high yearly rainfall and year-round mild temperature enable agriculture to be a productive sector of the County economy. The agricultural industry represents seven percent of the workforce. Farming activities are located approximately 40 miles inland primarily centered around the community of Immokalee. Major crops include tomatoes, peppers, cucumbers, melons and citrus. Beef cattle are also a significant farming commodity. Tourism Tourism is a major factor in the economy of the County. Visitors to the County enjoy its Gulf of Mexico beaches, golf, tennis and other attractions. Everglades National Park, the United States' only subtropical National Park, located near Naples, comprises a substantial portion of the County. Collier-Seminole Park and Corkscrew Swamp are also located nearby. Salt water fishing in the Gulf of Mexico, as well as fresh water fishing, makes the many lakes and waterways popular vacation spots. The County is regarded as one of the largest shelling areas in the United States. Transportation The County is served by U.S. Highway 41 (otherwise known as the Tamiami Trail) and Interstate 75, which links Naples to thee ast coast of Florida and intersects U.S. Highway 27, providing access to the Florida Turnpike. Interstate 75 also provides access to the County from the North. Greyhound Bus Lines connects the County to all points within the State. Air service is available at the Naples Airport owned by the City of Naples and covers an area of approximately 650' acres. The airport has two lighted 5,000 feet hard surfaced runways, each 150 feet wide: Commuter airlines offdr regularly scheduled flights to Miami and Tampa. Air service at the Southwest International Airport near Fort Myers, 35 miles north of Naples, reaches many major A~5 cities. In addition, the County owns and operates three public airports: the Marco Island Executive Airport and the Immokalee and Everglades City Airparks. Educational System The County school system serves approximately 36,000 students in 37 schools. The public schools provide a varied adult education program and a special program for pre-school children. There are several private and parochial schools in the County offering classes from kindergarten through the twelfth grade. Edison Community CoLlege's main campus in Fort Myers, with a branch campus in Naples, offers technical training as well as college preparation for students. Although not located within the County, Florida Gulf Coast College, the tenth college in the State University System, is operating in Lee County, immediately north of the County. Medical Facilities Naples Community Hospital, a non-profit, private corporation provides health services to the residents of the County. It opened as a 50-bed facility in 1956, financed exclusively by contributions from members of the community. Since 1956, Naples Commurdty Hospital has grown to encompass approximately 422,000 square feet and include two six-story towers that house Naples Community Hospital's 408 licensed beds and patient care ancillary services and a two-story support services wing located between the two towers. Hospital services are also provided in the Carpenter-Briggs Radiation Therapy Center located across the street from Naples Community Hospital, at the Golden Gate Urgent Care Center located in leased space approximately seven mi]es from Naples Community Hospital, and in several other outpatient facilities that provide urgent care, rehabilitation, wellness and infusion services. The Cleveland Clinic operates a hospital in the northern portion of the County. The Collier County Health Department operates in every community in the County under the direction of a licensed physician and with a staff of trained specialists, including public health workers, nurses, sanitarians and clinical psychologists. [Remainder of page intentionally left blank] A-6 COLLIER COUNTY FINANCIAL AND ECONOMIC DATA (1992-2001) Per Bank Fiscal Percent Capita Deposits Unemployment Year Populationa) Increase Income(1) (000's)(~) Rate(~) 1992 168,500 4.3% $28,012 $2,067,215 8.9% 1993 174,664 3.5 29,307 2,097,133 8.5 1994 180,540 3.4 30,201 2,707,107 8.2 1995 186,641 3.4 N/A 2,892,389 6.9 1996 197,400 5.8 30,201 3,112,346 5.8 1997 202,903 2.7 30,906 3,463,731 5.9 1998 210,095 3.5 32,878 3,767,516 4.6 1999 219,685 4.6 34,830 4,102,784 3.8 2000 229,821 4.6 36,210 4,658,978 3.8 2001 251,377 9.3 44,862 5,153,782 3.5 N/A = Data not currently available Source: (1) Collier County Comprehensive Annual Financial Report for Fiscal Year ending September 30, 2001. Population figures are estimates used by the County on an annual basis. Actual population according to the 2000 United States Census was 281,422. (2) Florida Bankers Association. [Remainder of page intentionally left blank] A-7 Assessed Valuation The following table shows the assessed value and taxable value for operatLug millage in each of the past nine years. TOTAL ASSESSED AND TAXABLE VALUE IN COLLIER COUNTY (1992-2001) Ratio of County Taxable County Taxable Taxable Value Fiscal Value Real Value Personal Total Total To Total Year Property Only Property Only Taxable Value(l) Assessed Value(2) Assessed Value 2001 $32,057,961,136 $1,336,930,733 $33,395,002,460 $41,333,321,441 80.79% 2000 26,493,401,264 1,248,512,604 27,742,021,485 33,902,799,963 81.82 1999 23,271,327,045 1,150,774,033 24,422,201,235 29,830,939,079 81.86 1998 20,304,971,514 1,037,538,724 21,342,594,299 25,777,151,470 82.79 1997 18,547,873,169 981,119,415 19,529,075,510 23,436,330,545 83.33 1996 17,146,475,680 936,566,144 18,083,131,561 21,751,280,540 83.14 1995 16,038,210,161 892,359,888 16,930,661,056 20,463,371,228 82.74 1994 15,130,183,723 851,954,071 15,982,193,801 19,387,178,081 82.44 1993 14,506,009,883 806,965,166 15,313,053,072 18,440,257,462 83.04 1992 13,792,228,634 754,068,231 14,546,382,399 17,505,449,830 83.10 (1) These figures include Centrally Assessed property. (2) Just Value is the Market or Assessed value. From this you subtract exemptions, classified agricultural property and capped homestead value to arrive at taxable value. Source: Collier County Property Appraiser's Office. [Remainder of page intentionally left blank] A-8 COLLIER COUNTY DEBT STATEMENT AS OF SEPTEMBER 30, 2001 Direct, Overlapping and Underlying Debt General Non-Self Self- Obligation Supporting Supporting Debt Debt Debt Collier County Direct Debt 1996 Public Parks GO Bonds 1973 Race Track Certificates 1992 Capital Improvement Refunding Revenue Bonds 1994 Capital Improvement Refunding Revenue Bonds 1995 Road Improvement Revenue Refunding Bonds 1996 Guaranteed Entitlement Refunding Revenue Bonds 1997 Special Obligation Revenue Bonds 1997 Naples Park Area Stormwater Improvement Assessment Bonds State Revolving Fund Loan CS120597070 State Revolving Fund Loan. CS120597090 State Revolving Fund Loan Bank of America Line of Credit Commercial Paper Loans Payable Capitalized Lease Obligations Arbitrage Rebate Liability Accrued Compensated Absences 1982 Goodland Water and Sewer Revenue Bonds 1990 Collier County Sewer Assessment Bonds 1992 Water and Sewer Revenue Bonds 1994 Water and Sewer Refunding Revenue Bonds 1994 Taxable Water and Sewer Refunding Revenue Bonds 1999A Water and Sewer Refunding Revenue Bonds 1999B Water and Sewer Refunding Revenue Bonds Total Direct Debt $1,560,000 $1,560,000 $685,000 6,030,000 25,100,000 3,870,000 705,000 4,080,000 3,304,921 21,934,000 1,470,880 330,936 10,442,334 $1,530,000 9,178,993 12,019,174 17,552,933 109,000 440,0OO 860,000 38,285,000 16,315,000 6,410,000 20,920,000 $77,953,071' $123,620,100 Overlapping School Board Debt Certificates Of P~rticipation, Series 1992, 1994, 1995 School Bonds, Series 1997A and 1998A Notes Payable Accrued Compensation Absences Total Overlapping Debt $124,070~000 11,620,000 32,535,000 23,786,322 0 $192,011,322 $ 0 A-9 Underlying Debt General Non-Self Self- Obligation Supporting Supporting Debt' Debt Debt City of Naples 1991 Water and Sewer Revenue Refunding Bonds 1992 Public Service Tax Revenue Refunding Bonds 1993 Public Service Tax Revenue Refunding Bonds (City Dock Funds) State Revolving Fund Subordinate Loan State Revolving Fund Subordinate Loan (Stormwater Fund) 1998 Public Service Tax Revenue Bonds 1998 Tax Increment Financing Revenue Bonds 2000 General Obligation Bonds 2001 Public Service Tax Refunding Revenue Bonds 2001 Public Service Tax Revenue Bonds 2001 Water and Sewer Revenue Refunding Bonds $8,270,000 $2,547,502 1,982,927 3,000,000 9,845,000 $13,221,378 131,713 21,793,465 3,156,185 605,000 7,247,701 City of Marco Island 2000B Florida Municipal Loan Council Revenue Bonds 1992 Fire Station Capital Lease 619,393 646,256 City of Everglades 1981 Water Revenue Bonds 1973 Sewer Revenue Bonds 1971 Sewer Revenue Bonds TOtal Underlying Debt $8,270,000 $ 17,375,429 488,000 12,000 148,000 $ 48,069,091 Total Direct, Overlapping and Underlying Debt $9,830,000 $287,339,822 $171,689,191 Source: Collier County, Florida, Comprehensive Annual Report for the Fiscal Year ended September 30, 2001 and Comprehensive Annual Financial Reports for the City of Naples, the City of Marco Island and City of Everglades, each dated September 30, 2001; Notes to the Financial Statements dated June 30, 2001 for the School Board of Collier County, Florida. [Remainder of page intentionally left blank] A-10 COLLIER COUNTY, FLORIDA COMPARATIVE RATIOS OF BONDED DEBT TO TOTAL ASSESSED VALUATION AND PER CAPITA INDEBTEDNESS 2000 U.S. Census Population Total Assessed Valuation [20011 Direct General Obligation Debt a) As a Percent of Assessed Valuation b) Per Capita Direct and Overlapping General Obligation Debt a) As a percent of Assessed Valuation b) Per Capita Direct Non-Self Supporting Revenue and Direct General Obligation Debt a) As a percent of Assessed Valuation b) Per Capita Direct and Overlapping General Obligation and Non-Self Supporting .Revenue Debt a) As a percent' of Assessed Valuation b) Per Capita 281,422 $41,333,321,441 $1,560,000 0.004% $5.54 $1,560,000 0.004% $5.54 $79,513,071 0.192% $282.54 $271,524,393 0.657% $964.83 [Remainder of page intentionally left blank] A-11 The following table contains the property tax rates for the tax years 1991 through 2000. COLLIER COUNTY, FLORIDA PROPERTY TAX RATES - AIJ, DIRECT AND OVERLAPPING GOVERNMENTS(i) (1992-2001) (Unaudited) COLLIER COUNTY OTHER Special Debt Capital Fiscal General Revenue Service Pr~ects School Independent Year Fund Fund Funds Fund Total Dist~ct Districts Total 1992 3.3295 0.7664 0.1126 0.6580 4.8665 7.9570~ 1.4629 14.2864 1993 3.2580 0.7726 0.1094 0.5474 4.6874 8.0000 1.4455 14.1329 1994(2) 3.6729 0.7823 0.1106 0.0000 4.5658 8.0860 1.5648 14.2166 1995 3.6028 0.6834 0.1062 0.0000 4.3924 8.3227 1.5028 14.2179 1996 3.4918 0.7091 0.0989 0.0000 4.2998 8.6000 1.5353 14.4351 1997 3.7266 0.7567 0.0490 0.0000 4.5323 8.6918 1.5420 14.7661 1998 3.6838 0.7604 0.0452 0.0000 4.4894 8.4298 1.5941 14.5133 1999 3.5540 0.6689 0.0420 0.0000 4.2649 8.5173 1.4801 14.2623 2000 3.5086 0.6419 0.0355 0.0000 4.1860 7.7661 1.4654 13.4175 2001 3.5050 0.6624 0.0318 0.0000 4.1992 7.7334 1.4607 13.3933 (i) (2) Source: Basis for property tax rates is 1 mill per $1,000 of assessed value. Property is assessed as of January i and taxes based on those assessments are levied according to the tax rate in effect that tax year and become due on November 1. Therefore, assessments and tax levies applicable to a certain tax year are collected in the fiscal year ending during the'following calendar year. Beginning with fiscal year 1994 the millage rates for capital projects are included in the General Fund millage rate. Collier County Comprehensive Annual Financial Report for Fiscal Year ending September 30, 2001. A-12 APPENDIX B AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR ENDED SEPTEMBER 3~, 2~1 APPENDIX C FORM OF THE RESOLUTION APPENDIX D FORM OF BOND INSURANCE POLICY APPENDIX E [FORM OF RESERVE ACCOUNT INSURANCE POLICY] APPENDIX F FORM OF BOND COUNSEL OPINION APPENDIX G FORM OF CONTINUING DISCLOSURE CERTIFICATE J:\Bands\439901\POS-3. doc January 28, 2003 EXHIBIT C FORM OF GUARANTY AGREEMENT GUARANTY AGREEMENT GUARANTY AGREEMENT dated as of _, 200_ by and between , a public body corporate organized and existing under the laws of the State of .(the "Obligor"); and AMBAC ASSURANCE CORPORATION ("Ambac"), a Wisconsin domiciled stock insurance company. WITNESSETH: WHEREAS, the Obligor has or will issue_(the "Obligations"); and WHEREAS, Ambac will issue its Surety Bond (the "Surety Bond"), substantially in the form set forth in Annex A to this Agreement, guaranteeing certain payments by the Obligor subject to the terms and limitations of the Surety Bond; and WHEREAS, to induce Ambac to issue the Surety Bond, the .Obligor has agreed to pay the premium for such Surety Bond and to reimburse Ambac for all payments made by Ambac under the Surety Bond from Legally Available Funds, all as more fully set forth in this Agreement; and WHEREAS, the Obligor understands that Ambac expressly requires the delivery of this Agreement as part of the consideration for the execution by Ambac of the Surety Bond; and NOW, THEREFORE, in consideration of the premises and of the agreements herein contained and of the execution of the Surety Bond, the Obligor and Ambac agree as follows: ARTICLE I DEFINITIONS; SURETY BOND Section 1.01. Definitions. Except as otherwise expressly provided herein or unless the context otherwise requires, the terms which are capitalized herein shall have the meanings specified in Annex B hereto. Section 1.02..Surety Bond. (a) Ambac will issue the Surety Bond in accordance with and subject to the terms and conditions of the Commitment. (b) The maximum liability of Ambac under the Surety Bond and the coverage and term thereof shall be subject to and limited by the Surety Bond Coverage and the terms and conditions of the Surety Bond. (c) Payments made under the Surety Bond will reduce the Surety Bond Coverage to the extent of that payment, provided that the Surety Bond Coverage shall be automatically reinstated to the extent of the reimbursement of principal by the Obligor of any payment made by Ambac. Ambac shall notify the Paying Agent in writing no later than the fifth (Sth) day following the reimbursement by the Obligor that the Surety Bond has been reinstated to the extent of such reimbursement. Section 1.03. Premiu .m. In consideration of Ambac agreeing to issue the Surety Bond hereunder, the Obligor hereby agrees to pay or cause to be paid from Legally Available Funds the premium set forth in the Commitment. ' Section 1.04. Certain Other Expense~. The Obligor will pay all reasonable fees and diSbursomants of Z~ Ambac's counsel related to any modification of this Agreement or the Surety Bond. ARTICLE II REIMBURSEMENT OBLIGATIONS OF OBLIGOR AND SECURITY THEREFORE Section 2.0 I. Reimbursement for Payments Under the Surety Bond and Expense::. (a) The Obligor will reimburse Ambac, from Legally Available Funds within the Reimbursement Period, without demand or notice by Ambac to the Obligor or any other person, to the extent of each Surety Bond Payment with interest on each Surety Bond Payment from and including the date made to the date of the reimbursement by the Obligor at the Effective Interest Rate. The Obligor agrees that it shall make monthly level principal repayments for each Surety Bond Payment during the Reimbursement Period. Interest on each Surety Bond Payment shall be paid monthly during the Reimbursement Period. To the extent that interest payments due hereunder are not paid on a monthly basis, or are not paid as each principal repayment is made, interest shall accrue on such unpaid amounts at a rate equal to the Effective Interest Rate. (b) The Obligor also agrees to reimburse Ambac, from Legally Available Funds, immediately and unconditionally upon demand for all reasonable expenses incurred by Ambac in connection with the Surety Bond and the enforcement by Ambac of the Obligor's obligations under this Agreement together with interest on all such expenses from and including the date which is 30 days from the date a statement for such expenses is received by the Obligor incurred to the date of payment at the rate set forth in subsection (a) of this Section 2.01. Section 2.02. Allocation of Payments_ Ambac and the Obligor hereby agree that each repayment of principal received by Ambac from or on behalf of the Obligor as a reimbursement to Ambac as required by Section 2.01(a) hereof shall be applied to reinstate all or a portion of the Surety Bond Coverage to the extent of such repayment. Any interest payable pursuant to Section 2.01(a) hereof shall not be applied to the reinstatement of any portion of the Surety Bond Coverage. Section 2.03. _Security for Payments; Instruments of Further Assuranc% To the extent, but only to the extent, that the Resolution pledges to the Owners or any paying agent therefor, or grants a security interest or lien in or on any collateral property, revenue or other payments ("Collateral and Revenues") in order to secure the Obligations or provide a source of payment for the Obligations, the Obligor hereby grants to Ambac a security interest in or lien on, as the case may be, and pledges to Ambac all such CollateraI and Revenues as security for payment of all amohnts due hereunder, which security interest, lien and/or pledge created or granted under this Section 2.03 shall be subordinate only to the interests of the Owners and any paying agent therefor in such Collateral and Revenues. The Obligor agrees that it will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, any and all financing statements, if applicable, and all other further instruments as may be required by law or as shall reasonably be requested by Ambac for the perfection of the security interest, if any, granted under this Section 2.03 and for the preservation and protection of all rights of Ambac under this Section 2.03. (c) any circumstances which might otherWise constitute a defense available to, or Obligor with respect to the Obligations; Section 2.04. Unconditional Obligation. The obligations of the Obligor hereunder are absolute and unconditional and will be paid or performed strictly in accordance with this Agreement, irrespective off (a) any lack of validity or enforceability of, or any amendment' or other modification of, or waiver with respect to the Resolution or the Obligations; (b) any exchange, release or nonpeffection of any security interest in property securing the Obligations or this Agreement or any obligations herefinder; ~lisch~ge of, the ..... APPENDIX F FORM OF BOND COUNSEL OPINION APPENDIX G FORM OF CONTINUING DISCLOSURE CERTIFICATE J:\Bonds\43990 l\POS-3.doc January 28; 2003 EXHIBIT C FORM OF GUARANTY AGREEMENT GUARANTY AGREEMENT GUARANTY AGREEMENT dated as of , 200_ by and between , a public body corporate organized and existing under the laws of the State of (the "Obligor"); and AMBAC ASSURANCE CORPORATION ("Ambac"), a Wisconsin domiciled stock insurance company. WITNESSETH: WHEREAS, the Obligor has or will issue_(the "Obligations"); and WHEREAS, Ambac will issue its Surety Bond (the "Surety Bond"), substantially in the form set forth in Annex A to this Agreement, guaranteeing certain payments by the Obligor subject to the terms and limitations of the Surety Bond; and WHEREAS, to induce Ambac to issue the Surety Bond, the-Obligor has agreed to pay the premium for such Surety Bond and to reimburse Ambac for all payments made by Ambac under the Surety Bond from Legally Available Funds, all as more fully set forth in this Agreement; and WHEREAS, the Obligor understands that Ambac expressly requires the delivery of this Agreement as part of the consideration for the execution by Ambac of the Surety Bond; and NOW, THEREFORE, in consideration of the premises and of the agreements herein contained and of the execution of the Surety Bond, the Obligor and Ambac agree as follows: ARTICLE I DEFINITIONS; SURETY BOND Section 1.01. Definitions. Except as otherwise expressly provided herein or unless the context otherwise requires, the terms which are capitalized herein shall have the meanings specified in Annex B hereto. Section 1.02. Surety Bond. (a) Ambac will issue the Surety Bond in accordance with and subject to the terms and conditions of the Commitment. (b) The maximum liability of Ambac under the Surety Bond and the coverage and term thereof shall be subject to and limited by the Surety Bond Coverage and the terms and conditions of the Surety Bond. (c) Payments made under the Surety Bond will reduce the Surety .Bond Coverage to the extent of that payment, provided that the Surety Bond Coverage shall be automatically reinstated to the extent of the reimbursement of principal by the Obligor of any payment made by Ambac. Ambac shall notify the Paying Agent in writing no later than the fifth (Sth) day following the reimbursement by the Obligor that the Surety Bond has been reinstated to the extent of such reimbursement. Section 1.03. Premium. In consideration of Ambac agreeing to issue the Surety Bond hereunder, the Obligor hereby agrees to pay or cause to 'be paid from Legally Available Funds the premium set forth in the Commitment. ' Section 1.04. Certain Other Expenses. The Obligor will pay all reasonable fees and disbursements of Ambac's counsel related to any modification of this Agreement or the Surety Bond. ARTICLE II REIMBURSEMENT OBLIGATIONS OF OBLIGOR AND SECURITY THEREFORE Section 2.01. Reimbursement for Payments Under the Surety Bond and Expenses. (a) The Obligor will reimburse Ambac, from Legally Available Funds within the Reimbursement Period, without demand or notice by Ambac to the Obligor or any other person, to the extent of each Surety Bond Payment with interest on each Surety Bond Payment from and including the date made to the date of the reimbursement by the Obligor at the Effective Interest Rate. The Obligor agrees that it shall make monthly level principal repayments for each Surety Bond Payment during the Reimbursement Period. Interest on each Surety Bond Payment shall be paid monthly during the Reimbursement Period. To the extent that interest payments due hereunder are not paid on a monthly basis, or are not paid as each principal repayment is made, interest shall accrue on such unpaid amounts at a rate equal to the Effective Interest Rate. (b) The Obligor also agrees to reimburse Ambac, from Legally Available Funds, immediately and unconditionally upon demand for all reasonable expenses incurred by Ambac in connection with the Surety Bond and the enforcement by Ambac of the Obligor's obligations under this Agreement together with interest on all such expenses from and including the date which is 30 days from the date a statement for such expenses is received by the Obligor incurred to the date of payment at the rate set forth in subsection (a) of this Section 2.01. Section 2.02. AllOCation of Pay..ment.q. Ambac and the Obligor hereby agree that each repayment of principal received by Ambac from or on behalf of the Obligor as a reimbursement to Ambac as required by Section 2.01(a) hereof shall be applied to reinstate all or a portion of the Surety Bond Coverage to the extent of such repayment. Any interest payable pursuant to Section 2.01(a) hereof shall not be applied to the reinstatement of any portion of the Surety Bond Coverage. Section 2.03. Security for Payments; ..Instruments of Further Assurance,. To the extent, but only to the extent, that the Resolution pledges to the Owners or any paying agent therefor, or grants a security interest or lien in or on any collateral property, revenue or other payments ("Collateral and Revenues") in order to secure the Obligations or provide a source of payment for the Obligations, the Obligor hereby grants to Ambac a security interest in or lien on, as the case may be, and pledges to Ambac all such Collateral and Revenues as security for payment of all amounts due hereunder, which security interest, lien and/or pledge created or granted under this Section 2.03 shall be subordinate only to the interests of the Owners and any paying agent therefor in such Collateral and Revenues. The Obligor agrees that it will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, any and all financing statements, if applicable, and all other further instruments as may be required by law or as shall reasonably be requested by Ambac for the perfection of the security interest, if any, granted under this Section 2.03 and for the preservation and protection of all rights of Ambac under this Section 2.03. Section 2.04. .Unconditional Obligation. The obligations of the Obligor hereunder are absolute and unconditional and will be paid or performed strictly in accordance with this Agreement, irrespective off (a) any lack of validity or enforceability of, or any amendment or other modification of, or waiver with respect to the Resolution or the Obligations; (b) any exchange, release or nonperfection of any security interest in property securing the Obligations or this Agreement or any obligations herefinder; (c) any circumstances which might otherwise constitute a defense available to, or ~disch~g¢ ................ Obligor with respect to the Obligations; .. of;' the (d) whether or not such' obligations are contingent or matured, disputed or undisputed, liquidated or unliquidated. ARTICLE III EVENTS OF DEFAULT; REMEDIES Section 3.01. Events of Default. The following events shall constitute Events of Default hereunder: (a) The ObligOr shall fail to pay to Ambac any amount payable under Sections 1.04 and 2.01 hereof and such failure shall have continued for a period in excess of the Reimbursement Period; (b) Any material representation or warranty made by the Obligor hereunder or under the Resolution or any statement in the application for the Surety Bond or any report, certificate, financial statement or other instrument provided in connection with the Commitment, the Surety Bond or herewith shall have been materially false at the time when made; (c) Except as otherwise provided in this Section 3.01, the Obligor shall fail to perform any of its other obligations under this Agreement, provided that such failure continues for more than thirty (30) days after receipt by the Obligor of notice of such failure to perform; (d) The Obligor shall (i) voluntarily commence any proceeding or file any petition seeking relief under the United States Bankruptcy Code or any other Federal~ state or foreign bankruptcy, insolvency or similar law, (ii) consent to the institution of, or fail to controvert in a timely and appropriate manner, any such proceeding or the filing of any such petition, (iii) apply for or consent to the appointment of a receiver, paying agent, custodian, sequestrator or similar official for the Obligor or for a substantial part of its property, (iv) file an answer admitting the material allegations of a petition filed against it in any such proceeding, (v) make a general assignment for the benefit of creditors, (vi) become unable, admit in writing its inability or fail generally to pay its debts as they become due or (vii) take action for the' purpose of effecting any of the foregoing; or ~ (e) An involuntary proceeding shall be commenced or an involuntary petition shall be filed in a court of competent jurisdiction seeking (i) relief in respect of the Obligor, or of a substantial part of its property, under the United States Bankruptcy Code or any other Federal, state or foreign bankruptcy, insolvency or similar law or (ii) the appointment of a receiver, paying agent, custodian, sequestrat°r or similar official for the Obligor or for a substantial part of its property; and sUCh proceeding or petition shall continue undismissed for sixty (60) days or an order or decree approving or ordering any of the foregoing shall continue unstayed and in effect for thirty (30) days. Section 3.02. Remedies. ff an Event of Default shall occur and be continuing. then Ambac may take whatever action at [aw or in equity may appear necessary or desirable to collect the amounts then due and thereafter to become due under this Agreement or any related instrument and enforce any obligation, agreement or covenant of the Obligor under this Agreement; provided, however, that Ambae may not take any action to direct or require acceleration or other early redemption of the Obligations or adversely affect the rights of the Owners. All rights and remedies of Ambac under this Section 3.02 are cumulative and the exercise of any one remedy does not preclude the exercise of one or more of the other available remedies. ARTICLE IV SETTLEMENT Ambac shall have the exclusive right to decide and determine whether any claim, liability, suit or judgment made or brought against Ambac, the Obligor or any other party on the Surety Bond shall or shall not be paid, compromised, resisted, defended, tried or appealed, and Ambac's decision thereon, if made in good faith, shall be final and binding upon the Obligor. An itemized statement of payments made by Ambac, certified by an officer of Ambac, or the voucher or vouchers for such payments, shall be prima facie evidence of the liability of the Obligor, and if the Obligor fails to reimburse Ambac, pursuant to subsection (b) of Section 2.01 hereof, upon the receipt of such statement of payments, interest shall be computed on such amount from the date of any payment made by Ambac at the rate set forth in subsection (a) of Section 2.01 hereof. ARTICLE V MISCELLANEOUS Section 5.01. ~ All computations of premium, interest and fees hereunder shall be made on the basis of the actual number of days elapsed over a year of 360 days. Section 5.02. Exer..ci~. No failure or delay on the part of Ambac to exercise any right, power or privilege under this Agreement and no course of dealing between Ambac and the Obligor. or any other party shall operate as a waiver of any such right, power or privilege, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other fight, power or privilege. The rights and remedies herein expressly provided are cumulative and not exclusive of any rights or remedies which Ambac would otherwise have pursuant to law or equity. No notice to or demand on any party in any case shall entitle such party to any other or further notice or demand in similar or other circumstances, or constitute a waiver of the right of the other party to any other or further action in any circumstances without notice or demand. Section 5.03. Amendment and Waiver. Any provision of this Agreement may be amended, waived, supplemented, discharged or terminated only with the prior written consent of the Obligor and Ambac. The Obligor hereby agrees that upon the written request of the Paying Agent, Ambac may make or consent to issue any substitute for the Surety Bond to cure any ambiguity or formal defect or omission in · the Surety Bond which does not materially change the terms of the Surety Bond nor adversely affect the rights of the Owners, and this Agreement shall apply to such substituted Surety Bond. Ambac agrees to deliver to the Obligor and to the company or companies, if any, rating the Obligations, a copy of such substituted Surety Bond. Section 5.04. Successors and Assigns; Descriptive Headings. (a) This Agreement shall bind, and the benefits thereof shall inure to, the Obligor and Ambac and their respective successors and assigns; provided, that the Obligor may 'not transfer or assign any or all of its rights and obligations hereunder without the prior written consent of Ambac. (b) The descriptive headings of the various provisions of this Agreement are inserted for convenience of reference only and shall not be deemed to affect the meaning or construction of any of the provisions hereof. Section 5.05. Other Sureties. If Amt~ac shall procure any other surety to reinsure the Surety Bond, this Agreement shall inure to the benefit of such other surety, its suCcessors and assigns, so as to give to it direct right of action against the Obligor to enforce this Agreement, and "Ambac," wherever used herein, shall be deemed to include such reinsuring surety, as its respective interests may appear. ' ' Section 5.06. S~ignature on Obligation. The Obligor's liability shall not be affected by its failure to sign the Surety Bond nor by any claim that other indemnity or security was to have been obtained nor by the release of any indemnity, nor the return or exchange of any collateral that may have been obtained. Section 5.07. Waiver. The Obligor waives any defense that this Agreement was executed subsequent to the date of the Surety Bond, admitting and covenanting that such Surety Bond was executed pursuant to the Obligor's request and in reliance on the Obligor's promise to execute this Agreement. Section 5.08. Notices, Requests, Demand.q. Except as otherwise expressly provided herein, all written notices, requests, demands or other communications to or upon the respective parties hereto shall be deemed to have been given or made when actually received, or in the case of telex or telecopier notice sent over a telex or a telecopier machine owned or operated by a party hereto, when sent, addressed as specified below or at such other address as either of the parties hereto or the Paying Agent may hereafter specify in writing to the others: If to the Obligor: > If to the Paying Agent: > If to Ambac: Ambac Assurance Corporation One State Street Plaza 17th Floor New York, New York 10004 Attention: General Counsel Section 5.09. Survival of Representations and Warranties. All representations, warranties and obligations contained herein shall survive the execution and delivery of this Agreement and the Surety Bond. Section 5.10. Governing Law. This Agreement and the rights and obligations of the parties under this Agreement shall be governed by and construed and interpreted in accordance with the laws of the State. Section 5.11. Counterparts. This Agreement may be executed in any number of copies and by the different parties hereto on the same or separate counterparts, each of which shall be deemed to be an original instrument. Complete-counterparts of this Agreement shall be Iodged with the Obligor and Ambac. Section 5.12. Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. IN WITNESS WHEREOF, each of the parties hereto has caused a counterpart of this Agreement to be duly executed and delivered as of the date fin'st above written. (Seal) [OBLIGOR] Attest: By . Title: Tire: AMBAC ASSURANCE CORPORATION. Attest: By Title: Title: ANNEX A - SURETY BOND ANNEX B DEFINITIONS For att purposes of this Agreement, except as otherwise expressly provided herein or unless the context otherwise requires, all capitalized terms shall have the meaning as set out below. "Agreement" means this Guaranty Agreement. "Ambac" has the same meaning as set forth in the first paragraph of this Agreement. "Collateral and Revenues" has the same meaning as set forth in Section 2.03 hereof. "Commitment" means the Ambac Commitment for Surety Bond in the form attached hereto as Annex C. "Debt Service Payments" means those payments required to be made by the Obligor which will be appIied to payment of principal of and interest on the Obligations. "Effective Interest Rate" means the lesser of the Reimbursement Rate or the maximum rate of interest permitted by then applicable law; provided, however, that the Effective Interest Rate shall in no event be less than the interest rate on the Obligations. "Event of Default" shall mean those events of default set forth in Section 3.01 of this Agreement. "Legally Available Funds" means any moneys legally available to the Obligor for the payment of its_ obligations. "Obligations" has the same meaning as set forth in the second paragraph of this Agreement. "Obligor" has the same meaning as set forth in the fu'st paragraph of this Agreement. "Owners" means the registered owner of any Obligation as indicated in the books maintained by the applicable paying agent, the Obligor or any designee of the Obligor for such purpose. The term "Owner" shall not include the Obligor or any person or entity whose obligation or obligations by agreement constitute the underlying security or source of payment for the Obligations. "Paying Agent" means "Reimbursement Period" means, with respect to a particular Surety Bond Payment, the period commencing on the date of such Surety Bond Payment and ending 12 months following such Surety Bond Payment. "Reimbursement Rate" means Citibank's prime rate plus two (2) percent per annum, as of the date of such Surety Bond Payment, said "prime-rate" being the rate of interest announced from time to time by Citibank, New York, New York, as its prime rate. The rate of interest shall be calculated on the basis of a 360 day year. "Resolution" means "State" means the State of "Surety Bond" means the Surety Bond issued by Ambac substantially in the form attached to this Agreement as Annex A. "Surety Bond Coverage" means the amount available at any particular time to be paid to the Paying Agent under the terms of the Surety Bond, which amount shall never exceed $ "Surety Bond Payment" means an amount equal to the Debt Service Payment less (i) that portion of the Debt Service Payment paid by the Obligor, and (ii) other funds legally available to the Paying Agent for payment to the Owners, all as certified by the Paying Agent in a demand for payment rendered pursuant to the terms of the Surety Bond. ANNEX C COMMITMENT Ambac Assurance Corporation One State Street Plaza New York, NY 10004 212.668.0340 A member of Ambac Financial Group, Inc. COMMITMENT FOR SURETY BOND Obligor: COLLIER COUNTY, FLORIDA Commitment Number: SB24320 Commitment Date: February 4, 2003 Expiration Date: May 2, 2003 Obligations: $106,555,000, Gas Tax Revenue Bonds, Series 2003, dated their Date of Delivery maturing on June 1, 2023 Surety Amount: $5,012,225' Insurance premium: 2.00% of the surety amount. Ambac Assurance Corporation (Ambac) A Wisconsin Stock Insurance Corporation hereby commits to issue .a Surety Bond (the "Commitment'~) relating to the Debt Service Reserve Fund for the above-described debt obligations (the "Obligations"), substantially in the form attached hereto, subject to the terms and conditions contained herein or added hereto (see conditions set forth herein). To extend this Commitment after the expiration date set forth above, an oral (subsequently eonfumed in writing) or written request for renewal must be submitted to Ambac at least one business day prior to such expiration date. Ambac reserves the right to refuse to grant a renewal or may renew this Commitment subject to additional terms and conditions. The Surety Bond (the "Surety") shall be issued if the following conditions are satisfied: I. Ambac surety is for only half the Debt Service Reserve Requirement. 2. Ambac shall receive an opinion of counsel or a certificate of an officer of the Obligor or ultimate obligor stating that the information supplied to Ambac in order to obtain the Surety and the documents to be executed and delivered in connection with the issuance and sale of the Obligations do not contain any untrue or misleading statement of a material fact and do not fail to state a material fact required to be stated therein or necessary in order to make the information contained therein not misleading. 3. No event shall occur which would permit any purchaser of the Obligations, otherwise required, not to be required to purchase the Obligations on the date scheduled for' the issuance and delivery thereof. 4. There shall be no material change in or affecting the Obligations, the Obligor or ultimata obligor (including, but not limited to, the security for the Obligations or the proposed debt service structure for the Obligations), the Official State. merit, if any (or any similar disclosure document), including any ' Subject to chaage, with Ambac's approval. o o a) b) c) d) g) financial statements therein contained, the financing documents or any legal opinions to be executed and delivered in connection with the issuance and sale of the Obligations, or any other information submitted to Ambac in order to obtain the Surety, from the descriptions or schedules thereof heretofore provided to Ambac at any time prior to the issuance of the Obligations and there shall not have occurred or come to the attention of the Obligor or purchaser any material change of fact or law adverse to the interests of Ambac, unless approved by Ambac in writing. Unless expressly waived in whole or in part by Ambac, the financing documents shall contain a) the terms and provisions provided in the Ambac STANDARD PACKAGE transmitted herewith, and b) any provisions or comments given orally by Amhac. Ambac will prepare, and the Obligor will execute, a Guaranty Agreemem in the form (with such revisions of Ambac and the Obligor agree to) contained in the Standard Package. NO LATER T}IAN FIVE (5) BUSINF~S DAYS PRIOR TO CLOSING, Ambac shall be provided with: the final debt service schedule; and proposed copies of all f'mancing documents; and the proposed official statement (or any similar disclosure document); and the proposed various legal opinions delivered in connection with the issuance and sale of the Obligations, including, without limitation, the unqualified approving opinion of bond counsel rendered by a law firm acceptable to Ambac. The form of bond counsel's approving opinion must be acceptable to Ambac. The form of bond counsel' s approving opinion shall indicate that the Obligor must comply with certain covenants under and pursuant m the IntemaI Revenue Code of 1986, as amended and that the Obligor has the legal power to comply with such covenants. Ambac shall also be provided with executed copies of all financing documents, including but not limited to the Official Statement (or any similar disclosure document) and the various legal opinions rendered. The executed opinion of bond counsel shall be addressed to Ambac or in lieu thereof, a letter shalI be provided to Ambac to the effect that Ambae may rely on such opinion as if it were addressed to Ambac and such letter shall be delivered with an executed opinion; and any provisions of the Purchase Contract or Bond Purchase Agreement referencing Ambac or the Obligor of the Surety in general. If such provisions are not received in a timely manner or if provisions are inserted in the Purchase Contract or Bond Purchase Agreement without Ambac's knowledge, compliance with such pmvisious may not be possible; and a letter from bond counsel or counsel to the purchaser or otherwise from another counsel acceptable to Ambac to the effect that the financing documents, the Official Statement (or any similar disclosure document) and the various legal opinions executed and delivered in connection with the issuance and sale of the Obligations, are substantially in the fern previously submitted to Ambac for review, with only such amendments, modifications or deletions as may be approved by Ambac; and a copy of any insurance policy, surety bond, guaranty or indemnification or any other policy, contract or agreement which provides for payment of all or any portion of the debt, t~. costs of reconstruction, the loss of business income or in any way secures, ensures or enhances the income stream anticipated to pay the .Obligations. 8. Evidence of wire transfer of an amount equal to the payment for the Surety at the time of the issuance and delivery of the Obligations. 9. An opinion addressed to Ambac by counsel acceptable to Ambac that the Guaranty Agreement is a legal, valid and binding obligation of the Obligor thereof, enforceable in accordance with its terms. EXHIBIT D FORM OF ESCROW DEPOSIT AGREEMENT ESCROW DEPOSIT AGREEMENT ESCROW DEPOSIT AGREEMENT, dated as of , 2003, by and between COLLIER COUNTY, FLORIDA (the "County"), and FIFTH THIRD BANK (the "Escrow Agent"), a national banking association organized and existing under the laws of the United States of America, having its designated corporate trust office in Cincinnati, Ohio, as escrow agent hereunder. WHEREAS, the County has heretofore issued its Collier County, Florida Road Improvement Refunding Revenue Bonds, Series 1995 (the "Prior Bonds") pursuant to Resolution No. 80-114 adopted on June 10, 1980, as amended and supplemented (the "Prior Resolution"); and WHEREAS, the County has determined it is in its best interests to refund all of the Prior Bonds; and WHEREAS, the County has determined to issue its Collier County, Florida Gas Tax Revenue Bonds, Series 2003 (the "Series 2003 Bonds") pursuant to Resolution No. , adopted on February 11, 2003, a portion of the proceeds of which Series 2003 Bonds, together with other legally available moneys of the County, will be used, other than a cash deposit, to purchase certain United States Treasury obligations in order to provide payment for the Prior Bonds and discharge and.satisfy the pledge of and lien on the Gas Taxes (as defined in the Prior Resolution) under the Prior Resolution in regard to such Prior Bonds; and WHEREAS, the issuance of the Series 2003 Bonds, the purchase by the Escrow Agent of the hereinafter defined Escrow Securities, the deposit of such Escrow Securities into an escrow deposit trust fund to be held by the Escrow Agent and the discharge and satisfaction of the pledge of and lien on the Gas Taxes under the Prior Resolution in regard to the Prior Bonds shall occur as a simultaneous transaction; and WHEREAS, this Agreement is intended to effectuate such simultaneous transaction; NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants hereinafter set forth, the parties hereto agree as follows: SECTION 1. PREAMBLES. The County represents that the recitals stated above are true and correct, and the same are incorporated herein. SECTION 2. RECEIPT OF PRIOR RESOLUTION AND VERIFICATION REPORT. Receipt of a true and correct copy of the above-mentioned Prior Resolution and this Agreement is hereby acknowledged by the Escrow Agent. The applicable and necessary provisions of the Prior Resolution, .including, without limitation, Section 20 thereof, are incorporated herein by reference. The Escrow Agent also acknowledges receipt of the verification report of , dated ., 2003 (the "Verification Report"). Reference herein to or citation herein of any provisions of the Prior Resolution or the Verification Report shall be deemed to incorporate the same as a part hereof in the same manner and with the same effect as if the same were fully set forth herein. SECTION 3. DISCHARGE OF PLEDGE OF HOLDERS OF pRIoR BONDS. In accordance with Section 20 of the Prior Resolution, the County by this writing exercises its option to discharge and satisfy the pledge of and lien on the Gas Taxes in favor of the holders of the Prior Bonds. SECTION 4. ESTABLISHMENT OF ESCROW FUND. There is hereby created and established with the Escrow Agent a special, segregated and irrevocable escrow deposit trust fund designated the "Collier County, Florida Road Improvement Refunding Revenue Bonds, Series 1995 Escrow Deposit Trust Fund" (the "Escrow Fund"). The Escrow Fund shall be held in the custody of the Escrow Agent as a trust fund for the benefit of the holders of the Prior Bonds, separate and apart from other funds and accounts of the County and the Escrow Agent. The Escrow Agent hereby accepts the Escrow Fund and acknowledges the receipt of and deposit to the credit of the Escrow Fund the sum of $ from the County from proceeds of the Series 2003 Bonds (the "Bond Proceeds"), and the sum of $ received from the County from certain moneys on deposit in the funds and accounts established pursuant to the Prior Resolution for the benefit of the holders of the Prior Bonds (the "County Moneys"). SECTION 5. DEPOSIT OF MONEYS AND SECURITIES IN ESCROW FUND. The County hereby directs the use of the Bond Proceeds and County Moneys as provided in this Section 5. The Escrow Agent represents and acknowledges that, concurrently with the deposit of the Bond Proceeds and County Moneys under Section 4 above, it has used all of the Bond Proceeds and $_ of the County Moneys to purchase on behalf of and for the account of the County certain [non-callable United States Treasury obligations] (collectively, together with any other securities which may be on depo sit, from time to time, in the Escrow FUnd, the "Escrow Securities"), which are described in Schedule A hereto, and the Escrow Agent will deposit such Escrow Securities and $ of the County Moneys in cash (the "Cash Deposit") in the Escrow Fund. All Escrow Securities Shall be non. dallable, direct obligations of the United States of America. 2 lin the event any of the Escrow Securities described in Schedule A hereto are not available for delivery on ., 2003, the Escrow Agent may, at the written direction of the County and with the approval of Bond Counsel, substitute other United States Treasury obligations and shall credit such other obligations to the Escrow Fund and hold such obligations until the aforementi'oned Escrow Securities have been delivered. Bond Counsel shall, as a condition precedent to giving its approval, require the County to provide it with a revised Verification Report in regard to the adequacy of the Escrow Securities, taking into account the substituted obligations to pay the Prior Bonds in accordance with the terms hereof. The Escrow Agent shall in no manner be responsible or liable for failure or delay of Bond Counsel or the County to promptly approve the substitutions of other United States Treasury obligations for the Escrow Fund.] SECTION 6. SUFFICIENCY OF ESCROW SECURITIES AND THE CASH DEPOSIT. In reliance upon the Verification Report, the County represents that the Cash Deposit and the interest on and the principal amounts successively maturing on the Escrow Securities in accordance with their terms (without consideration of any reinvestment of such maturing principal and interest) are sufficient such that moneys will be available to the Escrow Agent in amounts sufficient and at the times required to pay the amounts of principal of, redemption premium, if any, and interest due and to become due on the Prior Bonds as described in Schedule B attached hereto. If the Escrow Securities and the Cash Deposit shall be insufficient to make such payments, the County shall timely deposit to the Escrow Fund, solely from legally available funds of the County, such additional amounts as may be required to pay the Prior Bonds as described in Schedule B hereto. Notice of any insufficiency shall be given by the Escrow Agent to the County as promptly as possible, but the Escrow Agent shall in no manner be responsible for the County's failure to make such deposits. SECTION 7. ESCROW SECURITIES AND THE CASH DEPOSIT IN TRUST FOR HOLDERS OF PRIORBONDS. The deposit of the Escrow Securities and the Cash Deposit in the Escrow Fund shall constitute an irrevocable, deposit of Federal Securities (as defined in the Prior Resolution) and cash in trust solely for the payment of the principal of, redemption premium, if any, and interest on the Prior Bonds at such times and in such amounts as set forth in Schedule B hereto, and the principal of and interest earnings on such Escrow Securities and the Cash Deposit shall be used solely for such purpose. SECTION 8. ESCROW AGENT TO PAY PRIOR BONDS FROM ESCROW FUND. The County hereby directs, and'the Escrow Agent hereby agrees, that it will take all actions required to be taken by it under the provisions of the Prior Resolution referenced in this Agreement, including the timely transfer of money to the Paying Agent for the Prior Bonds as provided in the Prior Resolution, in order to effectuate this ~greement'and to pay the Prior Bonds in the amounts and at the times provided in Schedule B hereto. The Escrow Securities and the Cash Deposit shall be used to pay the principal of, redemption premium, if any, and interest on the Prior Bonds as the same may mature or be redeemed. If any payment date shall be a day on which either the Paying Agent for the Prior Bonds or the Escrow Agent is not open for the acceptance or delivery of funds, then the Escrow Agent may make payment on the next business day. The liability of the Escrow Agent for the payment of the principal of, redemption premium, if any, and interest on the Prior Bonds pursuant to this Agreement shall be limited to the application of the Escrow Securities and the Cash Deposit and the interest earnings thereon available for such purposes in the Escrow Fund. SECTION 9. REINVESTMENT OF MONEYS AND SECURITIES IN ESCROW FUND. Moneys deposited in the Escrow Fund shall be invested only in the Escrow Securities listed in Schedule A hereto and the Cash Deposit and, except as provided in Section 5 hereof and this Section 9, neither the County nor the Escrow Agent shall otherwise invest or reinvest any moneys in the Escrow Fund. Except as provided in Section 5 hereof and in this Section 9, the Escrow Agent may not sell or otherwise dispose of any or all of the Escrow Securities or the Cash Deposit in the Escrow Fund and reinvest the proceeds thereof in other securities nor may it substitute securities for any of the Escrow Securities, except upon written direction of the County and where, prior to any such reinvestment or substitution, the Escrow Agent has received from the County the following: (a) a written verification report by a firm of independent certified public accountants, of recognized standing, appointed by the County and acceptable to the Escrow Agent, to the effect that after such reinvestment or substitution the principal amount of Escrow Securities, together with the interest therein, will be sufficient to pay the Prior Bonds as described in Schedule B hereto; and (b) as gross income investment does Resolution. a written opinion of nationally recognized Bond Counsel to the effect that (i) such investment will not cause the Series 2003 Bonds or the Prior Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code, as amended, and the regulations promulgated thereunder or otherwise cause the interest on the Prior Bonds or the Series 2003 Bonds to be included for purposes of federal income taxation, and (ii) such not violate any provision of Florida law or of the Prior The above-described verification report need not be provided in the event the County purchases Escrow Securities with the proceeds of maturing Escrow Securities and such purchased Escrow Securities mature on or before the next interest payment date for the Prior Bonds and have a face amount which is at least equal to the cash amount invested in such Escrow Securities. In the event the above-referenced verification concludes that there are surplus moneys in the Escrow Fund, such surplus moneys shall be released to the County upon its written direction. The Escrow Fund shall continue in effect until the date upon which the Escrow Agent makes the £mal payment to the Paying Agent for the Prior Bonds in an amount sufficient to pay the Prior Bonds as described in Schedule B hereto, whereupon the Escrow Agent shall sell or redeem any Escrow Securities remaining in the Escrow Fund, and shall remit to the County the proceeds thereof, together with all other money, if any, then remaining in the Escrow Fund. SECTION 10. REDEMPTION OF CERTAIN PRIOR BONDS. The County hereby irrevocably instructs the Escrow Agent to direct, on behalf of the Issuer, that the Registrar and Paying Agent for the Prior Bonds give at the appropriate times the notice or notices, if any, required by the Prior Resolution in connection with the redemption of the Prior Bonds. Such notice of redemption shall be given by the Registrar for such Prior Bonds in accordance with the Prior Resolution. [The Prior Bonds maturing on or after June 1,2004 shall be redeemed on June 1, 2003 at a redemption price equal to 102% of the principal amount thereof plus interest accrued to the redemption date. The Prior Bonds maturing on June 1,2003 shall be paid at maturity without premium.] SECTION ll. DEFEASANCE NOTICE TO HOLDERS OF PRIOR BONDS. Concurrently with the deposit of the Escrow Securities set forth in Section 5 hereof, the Prior Bonds shall be deemed to have been paid within the meaning and with the effect expressed in Section 20 of the Prior Resolution. Within 10 days of the deposit of moneys into the Escrow Fund, the Escrow Agent, on behalf of the County, shall cause the Registrar for the Prior Bonds to mail to the holders of the Prior Bonds the appropriate notices in the form provided in Schedule C attached hereto. SECTION 12. ESCROW FUND IRREVOCABLE. The Escrow Fund hereby created shall be irrevocable and the holders of the Prior Bonds shall have an express lien on all Escrow Securities and the Cash Deposit deposited in the Escrow Fund pursuant to the terms hereof and the interest earnings thereon until paid out, used and applied in accordance with this Agreement and the Prior Resolution. Neither the County nor the Escrow Agent shall cause nor permit any other lien or interest whatsoever to be imposed upon the Escrow Fund. SECTION 13. AMENDMENTS TO AGREEMENT. This Agreement is made for the benefit of the County and the holders from time to time of the Prior Bonds and it shall not be repealed, revoked, altered or amended without the written consent of all such holders and the written consent of the Escrow Agent; provided, however, that the County and the Escrow Agent may, without the consent of, or notice to, such holders, enter into such agreements supplemental to this Agreement as shall not adversely affect the rights of such holders and as shall not be inconsistent with the terms and provisions of this Agreement, for any one or more of the following purposes: (a) to cure any ambiguity or formal defect or omission in this Agreement; (b) to grant, or confer upon, the Escrow Agent for the benefit of the holders of the Prior Bonds, any additional rights, remedies, powers or authority that may lawfully be granted to, or conferred upon, such holders or the Escrow Agent; and (c) to subject to this Agreement additional funds, securities or properties. The Escrow Agent shall be entitled to rely exclusively upon an opinion of nationally recognized Bond Counsel with respect to compliance with this Section 13, including the extent, if any, to which any change, modification or addition affects the rights of the holders of the Prior Bonds, or that any instrument executed hereunder complies with the conditions and provisions of this Section 13. SECTION 14. FEES AND EXPENSES OF ESCROW AGENT; INDEMNIFICATION. In consideration of the services rendered by the Escrow Agent under this Agreement, the County agrees to and shall pay to the Escrow Agent the fees and expenses as shall be agreed to in writing by the parties hereto. The Escrow Agent shall have no lien whatsoever upon any of the Escrow Securities in said Escrow Fund for the payment of such proper fees and expenses. The County further agrees to indemnify and save the Escrow Agent harmless, to the extent allowed by law, against any liabilities which it may incur in the exercise and performance of its powers and duties hereunder, and which are not due to its negligence or misconduct. Indemnification provided under this Section 14 shall survive the termination of this Agreement. Whenever the Escrow Agent shall deem it necessary or desirable that a matter be proved or established prior to taking, suffering or omitting any action under this Agreement, such matter may be deemed to be conclusively established by a certificate signed by an authorized officer of the County. The Escrow Agent may conclusively rely, as to the correctness of statements, con.elusions and opinions therein, upon any certificate, report, opinion or other document furnished to the Escrow Agent pursuant to any provision of this Agreement; the Escrow Agent shall be protected and shall not be liable for acting or proceeding, in good faith, upon such rel~iance; and the Escrow Agent shall be under no duty to make any investigation or inquiry as to any statements contained or matters referred to in any such instrument. The Escrow Agent may consult with counsel, who may be counsel to the County or independent counsel, with regard to legal questions, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by it hereunder in good faith in accordance herewith. Prior to retaining such independent counsel, the Escrow Agent shall notify the County of its intention. The Escrow Agent and its successors, agents and servants shall not be held to any personal liability whatsoever, in tort, contract or otherwise, by reason of the execution and delivery of this Agreement, the establishment of the Escrow Fund, the acceptance and disposition of the various moneys and funds described herein, the purchase, retention or payment, transfer or other application of funds or securities by the Escrow Agent in accordance with the provisions of this Agreement or any non-negligent act, omission or error of the Escrow Agent made in good faith in the conduct of its duties. The Escrow Agent shall, however, be liable to theCounty and to holders of the Prior Bonds to the extent of their respective damages for negligent or willful acts, omissions or errors of the Escrow Agent which violate or fail to comply with the terms of this Agreement. The duties and obligations of the Escrow Agent shall be determined by the express provisions of this Agreement. SECTION 15. REPORTING REQUIREMENTS OF ESCROW AGENT. As soon as practicable after June 1,2003, the Escrow Agent shall forward in writing to the County a statement in detail of the activity of the Escrow Fund. SECTION 16. RESIGNATION OR REMOVAL OF ESCROW AGENT. The Escrow Agent, at the time acting hereunder, may at any time resign and be discharged from the duties and obligations hereby created by giving not less than 20 days' written notice to the County and mailing notice thereof, specifying the date when such resignation will take effect to the holders of all Prior Bonds then outstanding, but no such resignation shall take effect unless a successor Escrow Agent shall have been appointed by the holders of a mai o rity in aggregate princip al amount of the Prior Bonds then outstan ding or by the County as hereinafter provided and such successor Escrow Agent shall have accepted such appointment, in which event such resignation shall take effect immediately upon the appointment and acceptance of a successor Escrow Agent. The Escrow Agent may be replaced at any time by an instrument or concurrent instruments in writing, delivered to the Escrow Agent and signed by either the County or the holders of a majority in aggregate principal amount of the Prior Bonds then outstanding. 7 ~ Such instrument shall provide for the appointment of a successor Escrow Agent, which appointment shall occur simultaneously with the removal of the Escrow Agent. In the event the Escrow Agent hereunder shall resign or be removed, or be dissolved, or shall be in the course of dissolution or liquidation, or otherwise become incapable of acting hereunder, or in case the Escrow Agent shall be taken under the control of any public officer or officers, or ora receiver appointed by a court, a successor may be appointed by the County or by the holders of a majority in aggregate principal amount of the Prior Bonds then outstanding by an instrument or concurrent instruments in writing, signed by such holders, or by their attorneys in fact, duly authorized in writing. In the event the holders of the Prior Bonds shall appoint a successor Escrow Agent, the County may appoint a temporary Escrow Agent to fill such vacancy until a successor Escrow Agent shall be appointed by the holders of a majority in aggregate principal amount of the Prior Bonds then outstanding in the manner above provided, and any such temporary Escrow Agent so appointed by the County shall immediately and without further act be superseded by the Escrow Agent so appointed by such holders. The County shall mail notice of any such appointment made by it at the times and in the manner described in the fin:st paragraph of this Section 16. In the event that' no appointment of a successor Escrow Agent or a temporary successor Escrow Agent shall have been made by such holders or the County pursuant to the foregoing provisions of this Section 16 within 20 days after written notice of resignation of the Escrow Agent has been given to the County, the holder of any of the Prior Bonds orany retiring Escrow Agent may apply to any court of competent jurisdiction for the appointment of a successor Escrow Agent, and such court may thereupon, after such notice, if any, as it shall deem proper, appoint a successor Escrow Agent. In the event of replacement or resignation of the Escrow Agent, the Escrow Agent shall remit to the County the prorated portion of prepaid fees not yet incurred or payable, less any termination fees and expenses at the time of discharge, and shall have no further liability hereunder and the County shall indemnify and hold harmless Escrow Agent from any such liability, including costs or expenses incurred by Escrow Agent or its.counsel. No successor Escrow Agent shall be appointed unless such successor Escrow Agent shall be a corporation with trust powers organized under the banking laws of the United States or any State, and shall have at the time of appointment capital and surplus of not less than $30,000,000. Every successor Escrow Agent appointed hereunder shall execute, acknowledge and deliver to its predecessor and to the County an instrument in writing accepting such appointment hereunder and thereupon such successor Escrow Agent, withQ¢[ any further act, deed or conveyance, shall become fully vested with all the rights, immunities, powers, trusts, duties and obligations of its predecessor; but such predecessor shall nevertheless, on the written request of such successor Escrow Agent or the County execute and deliver an instrument transferring to such successor Escrow Agent all the estates, properties, rights, powers and trust of such predecessor hereunder; and every predecessor Escrow Agent shall deliver all securities and moneys held by it to its successor; provided, however, that before any such delivery is required to be made, all fees, advances and expenses of the retiring or removed Escrow Agent shall be paid in full. Should any transfer, assignment or instrument in writing from the County be required by any successor Escrow Agent for more fully and certainly vesting in such successor Escrow Agent the estates, rights, powers and duties hereby vested or intended to be vested in the predecessor Escrow Agent, any such transfer, assignment and instruments in writing shall, on request, be executed, acknowledged and delivered by the County. Any corporation into which the Escrow Agent, or any successor to it in the trusts created by this Agreement, may be merged or converted or with which it or any successor to it may be consolidated, or any corporation resulting from any merger, conversion, consolidation or tax-free reorganization to which the Escrow Agent or any successor to it shall be a party shall be' the successor Escrow Agent under this Agreement without the execution or filing of any paper or any other act on the part of any of the parties hereto, anything herein to the contrary notwithstanding. SECTION 17. TERMINATION OF AGREEMENT. This Agreement shall terminate when all transfers and payments required to be made by the Escrow Agent under the provisions hereof shall have been made. Upon such termination, all moneys remaining in the Escrow Fund shall be released to the County. SECTION 18. GOVERNING LAW. This Agreement shall be governedby the applicable laws of the State of Florida. SECTION 19. SEVERABILITY. If any one or more of the covenants or agreements provided in this Agreement on the part of the County or the Escrow Agent to be performed should be determined by a court of competent jurisdiction to be contrary to law, such covenant or agreement shall be deemed and construed to be severable from the remaining covenants and agreements herein contained and shall in no way affect the validity of the remaining provisions of this Agreement. SECTION 20. COUNTERPARTS. This Agreement may be executed in several counterparts, all or any of which shall be regarded for all purpose~ as one original and shall constitute and be but one And the same instrument. ~ ~ SECTION 21. NOTICES. Any notice, authorization, request or demand required or permitted to be given in accordance with the terms of this Agreement shall be in writing and sent by registered or certified mail addressed to: Collier County, Florida 3301 Tamiami Trail East Naples, Florida 34112 Attn: Finance Director Fifth Third Bank MD 10AT60 38 Fountain Square Plaza Cincinnati, Ohio 45263 Attn: IN WITNESS WHEREOF, the parties hereto have each caused this Escrow Deposit Agreement to be executed by their duly authorized officers and appointed officials and their seals to be hereunder affixed and attested as of the date first written herein. COLLIER COUNTY, FLORIDA (SEAL) ATTEST: Chairman Clerk FIFTH THIRD BANK, 'as Escrow Agent (SEAL) By: Authorized Signatory 10 SCHEDULE A ESCROW SECURITIES Type Settlement Maturity Par Interest Purchase Date Date Amount Rate Price A-1 SCHEDULE B DEBT SERVICE REQUIREMENTS FOR PRIOR BONDS .P.ayment D ate Principal Interest Premium Total B-1 SCHEDULE C FORM OF NOTICE OF DEFEASANCE Notice is hereby given pursuant to Resolution No. 80-114 adopted by the Board of County Commissioners of Collier County, Florida on June 10, 1980, as amended and supplemented (the "Prior Resolution"), that all of the outstanding Collier County, Florida Road Improvement Refunding Revenue Bonds, Series 1995 (the "Prior Bonds") are deemed to be paid within the meaning of the Prior Resolution and shall no longer be secured from the Gas Taxes (as defined in the Prior Resolution) and shall be secured solely from the irrevocable deposit of U.S. Treasury obligations and cash made by the County with , , , as Escrow Agent, in accordance with Section 20 of the Prior Resolution. [The Prior Bonds maturing on or after June 1,2004 shall be redeemed on June 1, 2003 at the offices of the paying agent for the Prior Bonds at a redemption price equal to 102% of the principal amount thereof plus interest accrued to the redemption date. The Prior Bonds maturing on June 1,2003 shallbe paid at maturity without premium.l C-1 EXHIBIT E FORM OF CONTINUING DISCLOSURE CERTIFICATE CONTINUING DISCLOSURE CERTIFICATE This Continuing Disclosure Certificate (the "Disclosure Certificate") is executed and delivered by Collier County, Florida (the "Issuer") in connection with the issuance of its $ Gas Tax Revenue Bonds, Series 2003 (the "Bonds"). The Bonds are being issued pursuant to Resolution No. 03-__ adopted by the Board of County Commissioners of the Issuer.on , 2003, as amended and supplemented, and as particularly supplemented by Resolution No. 02- adopted by the Board of County Commissioners of the Issuer on ., 2003 (collectively, the "Resolution"). SECTION 1. PURPOSE OF THE DISCLOSURE CERTIFICATE. This Disclosure Certificate is being executed and delivered by the Issuer for the benefit of the Holders and Beneficial Owners of the Bonds and in order to assist the Participating Underwriters in complying with the continuing disclosure requirements of Securities and Exchange Commission Rule 15c2-12. SECTION 2. DEFINITIONS. In addition to the definitions set forth in the Resolution which apply to any capitalized term used in this Disclosure Certificate, unless otherwise defined in this Section, the following capitalized terms shall have the following meanings: "Annual Report" shall mean any Annual Report provided by the Issuer pursuant to, and as described in, Sections 3 and 4 of this Disclosure Certificate. "Beneficial Owner" shall mean any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. "Dissemination Agent" shall mean the Issuer, or any successor Dissemination Agent designated in writing bY the Issuer and which has filed with the Issuer a written acceptance of such designation. "Listed Events" shall mean any of the events listed in Section 5(a) of this Disclosure Certificate. "National Repository" shall mean any Nationally Recognized Municipal Securities Information Repository for purposes of the Rule. The National Repositories currently approved by the Securities and Exchange Commission are set forth in Exhibit B. "Participating Underwriters" shall mean the original underwriters of ~he Bonds required to comply with the Rule in connection with offering of the Bonds. "Repository" shall mean each National Repository and each State Repository. "Rule" shall mean the continuing disclosure requirements of Rule 15c2-12 adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time. "State" shall mean the State of Florida. "State Repository" shall mean any public or private repository or entity designated by the State as a state information depository for the purpose of the Rule and recognized as such by the Securities and Exchange Commission. As of the date of this Certificate, there is no State Repository SECTION 3. PROVISION OF ANNUAL REPORTS. (a) The Issuer shall, or shall cause the Dissemination Agent to, not later than each April 30th, commencing April 30, 2003 with respect to the report for the 2002 fiscal year, provide to each Repository an AnnualRe port which is consistent with the requirements of Section 4 of this Disclosure Certificate. The Annual Report may be submitted as a single document or as separate documents comprising a package, and may cross-reference other information as provided in Section 4 of this Disclosure Certificate; provided that the audited financial statements of the Issuer may be submitted separately from the balance of the Annual Report and later than the date required above for the filing of the Annual Report if they are not available by that date provided, further, in such event unaudited financial statements are required to be delivered as part of the Annual Report in accordance with Section 4(a) below. If the Issuer's fiscal year changes, it shall give notice of such change in the same manner as for a Listed Event under Section 5(c). (b) Not later than fifteen (15) Business Days prior to the date set forth in (a) above, the Issuer shall provide the Annual Report to the Dissemination Agent (if other than the Issuer). If the Issuer is unable to provide to the Repositories an Annual Report by the date required in subsection (a), the Issuer shall send a notice to (i) each National Repository or the Municipal Securities Rulemaking Board, and (ii) the State Repository in substantially the form attached as Exhibit A. (c) The Dissemination Agent shall: (i) determine each year prior to the date for providing the Annual Report the name and address of each National Repository and the State Repository, if any; and (ii) if the Dissemination Agent is other than the Issuer, file a report with the Issuer certifying that theAnnu al Report has been provided pursuant to this Disclosure Certificate, stating the date it was provided and listing all the Repositories to which it was provided. SECTION 4. CONTENT OF ANNUAL REPORTS. The Issuer's Annual Report shall contain or include by reference the following: (a) the audited financial statements of the Issuer for the prior fiscal year, prepared in accordance with generally accepted accounting principles as promulgated to apply to governmental entities from time to time by the Governmental Accounting Standards Board. If the Issuer's audited financial statements are not available by the time the Annual Report is required to be filed pursuant to Section 3(a), the Annual Report shall contain unaudited financial statements in a format similar to the financial statements contained in the final Official Statement dated ~ 2003 (the "Official Statement"), and the audited financial statements shall be filed in the same manner as the Annual Report when they become available. Co) updates to the following historical financial information and operating data presented in tabular form in the Official Statement entitled " ," " "and"." The information provided under Section 4(b) may be included by specific reference to other documents, including official statements of debt issues of the Issuer or related public entities, which have been submitted to each of the Repositories or the Securities and Exchange Commission. If the document included bY reference is. a final official statement, it must be available from the Municipal Securities Rulemaking Board. The Issuer shall clearly identify each such other document so included by reference. SECTION 5. REPORTING OF SIGNIFICANT EVENTS. (a) Pursuant to the provisions of this Section 5, the Issuer shall give, or cause to be given, notice of the occurrence of any of the following events with respect to the Bonds, if material: 1. principal and interest payment delinquencies; 2. non-payment related defaults; 3. unscheduled draws on the debt service reserves reflecting financial difficulties; 4. unscheduled draws on credit enhancements reflecting financial difficulties; 5. substitution of credit or liquidity providers, or their failure to perform; 6. adverse tax opinions or events affecting the tax-exempt status of the Bonds; 7. modifications to rights of the holders of the Bonds; 8. Bond calls (other than scheduled mandatory redemption); 9. defeasances; 10. 11. release, substitution, or sale of property securing repayment of the Bonds; ratings changes; and 12. notice of any failure on the part of the Issuer to meet the requirements of Section 3 hereof. (b) Whenever the Issuer obtains knowledge of the occurrence of a Listed Event, the Issuer shall promptly determine if such event would be material under applicable federal securities laws; provided, however, that any event under clauses 4, 5, 6, 10, 11 and 12 above shall always be deemed to be material. (c) If the Issuer determines that knowledge of the occurrence of a Listed Event would be material under applicable federal securities laws, the Issuer shall promptly file a notice of such occurrence with (i) each National Repository or the Municipal Securities Rulemaking Board, and (ii) the State Repository. SECTION 6. TERMINATION OF REPORTING OBLIGATION. The Issuer's obligations under thisD isclosure Certificate shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds or if the Rule is repealed or no longer in effect. If such termination occurs prior to the final maturity of the Bonds, the Issuer shall give notice of such termination in the same manner as for a Listed Event under Section 5(c). SECTION 7. DISSEMINATION AGENT. The Issuer may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Certificate, and may discharge ,any such Dissemination Agent, with or without appointing a successor Dissemination Agent. The Dissemination Agent shall not be responsible~i~ ~ny manner for the content of any notice or report prepared by the Issuer pursuant to this Disclosure Certificate. The initial Dissemination Agent shall be the Issuer. SECTION 8. AMENDMENT; WAIVER. Notwithstanding any other provisiono f this Disclosure Certificate, the Issuer may amend this Disclosure Certificate, and any provision of this Disclosure Certificate may be waived, provided that the following conditions are satisfied: (a) If the amendment or waiver relates to the provisions of Sections 3(a), 4, or 5(a), it may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature or status of the Issuer, or the type of business conducted; (b) The undertaking, as amended or taking into account such waiver, would, in the opinion of. nationally recognized bond counsel, have complied with the requirements of the Rule at the time of the original issuance of the Bonds, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and (c) The amendment or waiver either (i) is approved by the holders or Beneficial Owners of the Bonds in the same manner as provided in the Resolution for amendments to the Resolution with the consent of holders or Beneficial Owners, or (ii) does not, in the opinion of nationally recognized bond counsel, materially impair the interests of the holders or Beneficial Owners of the Bonds. In the event of any amendment or waiver of a provision of this Disclosure Certificate, the Issuer shall describe such amendment in the next Annual Report, and shall include, as applicable, a narrative explanation of the reason for the amendment or waiver and its impact on the type (or in the case of a change of accounting principles, on the presentation) of financial information or operating data being presented by the Issuer. In addition, if the amendment relates to the accounting principles to be followed in preparing financial statements, (i) notice of such change shall be given in the same manner as for a Listed Event under Section 5(c), and (ii) the Annual Report for the year in which the change is made should present a comparison (in narrative form and also, if feasible, in quantitative form) between the financial statements as prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. SECTION 9. ADDITIONAL INFORMATION. Nothing in this Disclosure Certificate shall be deemed to prevent the Issuer from disseminating any other information, using the means of dissemination set forth in this Disclosure Certificate or any other means of communication, or including any other information in any Annual Report or notice of occurrence.of a Listed Event, in addition to that which is required by this Disclosure Certificate. If the Issuer chooses to include any information in any Annual Report or notice of occurrence of a Listed Event in addition to that which is specifically required by this Disclosure Certificate, the Issuer shall have no obligation under this Certificate to update such information or include it in anyfutur e Annual Report or notice of occurrence of a Listed Event. SECTION 10. DEFAULT. In the event of a failure of the Issuer to comply with any provision of this Disclosure Certificate, any holder or Beneficial Owner of the Bonds may take such actions as may be necessary and appropriate, including seeking mandamus or specific performance by court order, to cause the Issuer to comply with its obligations under this Disclosure Certificate; provided, however, the sole remedy under this Disclosure Certificate in the event of any failure of the Issuer to comply with the provisions of this Disclosure Certificate shall be an action to compel performance. A default under this' Disclosure Certificate shall not be deemed an Event of Default under the Resolution. SECTION 11. DUTIES, IMMUNITIES AND LIABILITIES OF DISSEMINATION AGENT. The Dissemination Agent shall have only such duties as are specifically set forth in this Disclosure Certificate, and the Issuer agrees to indemnify and save the Dissemination Agent, its officers, directors, employees and agents, harmless against loss, expense and liabilities which it may incur arising out of or in the exercise or performance of its powers and duties hereunder, including the costs and expenses (including attorneys fees) of defending against any claim of liability, but excluding liabilities due to the Dissemination Agent's negligence or wilful misconduct. The obligations of the Issuer under this Section shall survive resignation or removal of the Dissemination Agent and payment of the Bonds. SECTION 12. BENEFICIARIES. This Disclosure Certificate shall inure solely to the benefit of the Issuer, the Dissemination Agent, the Participating Underwriters and holders and Beneficial Owners from time to time of the Bonds, and shall create no rights in any other person or entity. Dated: ,2003 COLLIER COUNTY, FLORIDA By: Chairman of the Board of County Commissioners EXHIBIT A NOTICE OF FAILURE TO FILE ANNUAL REPORT Name of Issuer: Name of Bond Issue: Date of Issuance: Collier County, Florida Gas Tax Revenue Bonds, Series 2003 ,2003 NOTICE IS HEREBY GIVEN that the Issuer has not provided an Annual Report with respect to the above-named Bonds as required by Sections 3 and 4Co) of the Continuing Disclosure Certificate dated as of __ 1, 2003. The Issuer anticipates that the Annual Report will be filed by Dated: COLLIER COUNTY, FLORIDA By: Name: Title: Exhibit A- 1 EXHIBIT B Nationally Recognized Municipal Securities Information Repositories approved by the Securities and Exchange Commission: Bloomberg Municipal Repository 100 Business Park Drive Skillman, NJ 08558 Phone: (609) 279-3225 Fax: (609) 279-5962 Emaih Munis@Bloomberg.com FT Interactive Data Attn: NRMSIR 100 William Street New York, NY 10038 Phone: (212) 771-6999 Fax: (212) 771-7390 Email: NRMSIR~FTID.com Website: http://WWW.InteractiveData.com Standard & Poor's J.J. Kenny Repository 55 Water Street 45~ Floor New York, NY 10041 Phone: (212) 438-4595 Fax: (212) 438-3975 Email: nrmsir_repository@sandp.com DPC Data Inc. One Executive Drive Fort Lee, NJ 07024 Phone: (201) 346~0701 Fax: (201) 947-0107 Email: nrmsir@dpcdata.com A list of the names and addresses of all designated Nationally Recognized Municipal Securities Information Repositories as of any date may be obtained by visiting the SEC's website at www.sec.gov/info/municipaUnrmsir.htm. J:\Bonds\439901Xcdc2. doc January 28; 2003 Exhibit B- 1 EXECUTIVE SUMMARY APPROVE THE "ORANGETREE GOVERNMENT SERVICE DAY" EVENT AND RELATED BUDGET AMENDMENT OBJECTIVE: To receive the Board's approva! to hold an 'Orangetree Government Service Day" event and the related budget amendment funding the event. CONSIDERATIONS: This public event is proposed to be held on Saturday,March 22, 2003, between the hours of 11:00am and 4:00pm at the Corkscrew Middle School. The purpose of the event is to provide information regarding products and services available to the residents of the Orangetree and Immokalee area. Because the Orangetree and Immokalee communities are a distance from the center of the Naples area, this event would afford the residents of these communities the opportunity to meet and learn about services provided by the County as well as other important area amenities. Costs associated with this event are estimated at: $1000 Employee Compensation ( 8 Employees @$25/hr for 5 hours) $2500 Advertising ( Radio, flyers, postage, etc.) $1500 Tables/Skirting/Banners/Misc. VVhile the Board of County Commissioner's costs associated with this event would not exceed $5000 dollars, it is anticipated that constitutional officers and/or their representatives will also attend this function. Their costs are not reflected in this summary. As this special event has not been specifically budgeted, it will be necessary to request funds from the general fund account. FISCAL IMPACT: Funds are available in General Fund 001. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this request. RECOMMENDATION: That the Board of County Commissioners approve the necessary budget amendment to cover the costs associated with the 'Orangetree Government Service Day' event. Jay Seidl, Inte~l'"Director Relations Communication and Customer Dep~tment Approved by' - ~ Manager _ Proposed Expenses for Orangetree Gov. Services Day BCC Employees Water Wastewater Code Enforcement Parks and Rec EMS Facilities Transportation University Extension 8~ 25/hr 1000 for 5 hours Advertisement Naples Daily (Friday) 1 ¢~ $800. GG Gazette Immokalee Flyers 1000@.32 Postage 1000@.37 800 40O 200 320 370 Misc. Tablecloths/Skirts 25~$10/each Mileage Reimbursement Misc. Total 250 320 1340 5000 EXECUTIVE SUMMARY APPROVE PAYMENT OF CONSTRUCTION COST DIFFERENTIAL TO FLORIDA POWER AND LIGHT FOR UNDERGROUND ELECTRICAL DISTRIBUTION LINES IN LIEU OF OVERHEAD POWER DISTRIBUTION LINES ALONG 91sT AVENUE NORTH, NOT TO EXCEED $60,000 OBJECTIVE: Board approval of funding for the estimated cost differen~ for underground power lines instead of the Florida Power & Light (FP&L) planned overhead lines along 91~ Avenue North, from 8* Street North, west to Vanderbilt Drive. The differential costs are not expected to exceed $60,000. CONSIDERATIONS: Florida Power and Light (FP&L) plans to install a feeder line from its Pine Ridge Power Station (near Goodlette-Frank Road just south of Vanderbilt Beach Road) westerly to an area near the Ritz Carlton entrance. The planned route involves both underground and overhead distribution lines. Overhead distribution lines are planned along the route on the south side of 91" Avenue North, between 8* Street North and Vanderbilt Drive. The overhead lines would be adjacent to Beachwalk on the south and Naples Park community to the north. Residems of Naples Park have been very vocal in their opposition to the overhead lines planned along 91't Avenue North. Staffhas received numerous complaints regarding the planned FP&L overhead distribution lines and poles in their neighborhood. FP&L representatives have discussed the possibility of the underground alternative with staff, so long as FP&L is reimbursed the cost differential estimated at $60,000. Right-of-way permits for installation of the feeder line were issued to FP&L on January 7, 2003. FP&L representatives advise that the construction will be expedited and completed by the end of March 2003. FISCAL IMPACT: Funds are available in the General Fund Reserves to fund the cost differential for this project. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: Bo/l~rd approve funding of the FP&L construction differential, not to exceed $60,000, and the ass~i:ifited budget amendment. ~ .~E~. "~"~eu~ ~a~,-~ireetor CDES Operations ~ment /J~seph K. S{{l~--ni~ Admini~rator ommunity Development & Environmental Services Division ........ ' FEB I I EXECUTIVE SUMMARY STAFF REQUESTS THE BOARD OF COUNTY COMMISSIONERS TO ADOPT A RESOLUTION REPEALING RESOLUTIONS PERTAINING TO LAND ACQUISITION, DELAY ACCEPTANCE OF RECORDED EASEMENTS FOR WHIPPOORWILL LANE AND CLARIFY COLLIER COUNTY'S POSITION OBJECTIVE: To secure the Collier County Board of County Commissioners approval to repeal Resolution No's. 2000- 147, 2000-166, 2000-414, 2000-422, and 2001-246 and deny acceptance of easements for Whippoorwill Lane until completion of the construction and acceptance of the road in Collier County or at the further direction of the Transportation Administrator. Staff is requesting the Collier County Board of County Corhrnissioners to clarify the county's position consistent with staff's understandings and recommendations as follows: 1. The County's intent is to accept the easements along Whippoorwill Lane once 100% .of the right-of-way needed for construction of the roadway to County standards has been acquired; and 2. Acceptance is conditioned upon County staff having adequate time to review the documents of conveyance, including all relevant title work; and 3. An acceptable hold harmless and indenmification agreement has been entered into by the property owners protecting the County or a liability insurance policy, naming the County as an additional insured has been procured that is acceptable to the County. 4. The road must be constructed to County standards prior to being accepted by the County; and 5. All permits shall be applied for, issued and executed in the name of the developer[s], not the County. CONSIDERATIONS: The property owners along Whippoorwill Lane entered into an agreement pertaining to the construction of this roadway. Collier County is not a party to this agreement. In an effort by the Developers to expedite the process, certain easements from most of the property owners were secured in the name of Collier County and recorded in the public records of Collier County. Collier County staff did not participate in, nor authorize the receipt of these easements. Additionally, the recorded documents have not been reviewed for legal sufficiency, land area, or clear title. Collier County staff began this process on or about January 24, 2003. Staff is waiting for the receipt of all necessary title information from the landowners and their representatives so that it can be AGENDA ITEM,,.--' FEB 1 1 2003 pg. \ properly reviewed. It is expected the review will take some time to complete and only after completion of the review will staff be able to make any further recommendations.. Resolutions 2000- 147, 2000-166, 2000-414, 2000-422, and 2001-246 were approved prior to the decision by the Collier County Board of County Commissioners to delete the funding for Whippoorwill Lane fi.om the Transportation budget. The decision not to participate in the cost of the construction of the road was made. These resolutions need to be repealed as a house keeping matter. In order to protect Collier County from potential liability, it is recommended that the Collier County Board of County Commissioners deny acceptance of the easements at this time. This denial of acceptance of the easements, [as recorded in Official Records Book 3196, pages 0871 through 0918 inclusive], needs to be in the official minutes of the meeting of the Board of County Commissioners. Copies of the resolutions are attached hereto. FISCAL IMPACT: There is not fiscal impact. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners: 1. Repeal resolution No's. 2000- 147, 2000-166, 2000-414, 2000-422, and 2001-246. Accept the easements along Whippoorwill Lane only once 100% of the right-of- way needed for construction of the roadway to County standards has been acquired; and o Condition acceptance upon recommendation of County staff after staff has had adequate time to review the documents of conveyance, including all relevant title work; and Require an acceptable hold harmless and indemnification agreement from the property owners protecting the County fi.om any liability regarding the conveyance of the land, the construction of the road, or any agreement among the owners pertaining to the construction of the roadway or obtain a liability insurance policy, naming the County as an additional insured in a form and with a company acceptable to the County. o The road must be constructed to County standards prior to being accepted by the County;, and NO. [ LD ~ FEB 1 1 2003 Pg- ~ 2 All permits shall be applied for, issued and executed in the name of the developer[s], not the County. ~quelin~ Hubbard Robinson K~sistant county Attorney Da~ Approved by: ~i !aC. Weigel, County AttO~ey ~"~e/~~~r~ Transportation Administrator Date: ~0 .... _Lo_ FEB I 1 """.'"," -/VL~3 I.tES{.}LUI'ION NO. 2000- ]_ 6 G A IUgSOLU'I'ION AUI IIt)RIZING 'l tiE A£'~tJISI'I'IlJN OF I.AND BY CONDEMNATION OF FEE SIMPLE TITLE IN'IEI~.ES1S I:OR 'lllF. CONSI'I~.tlCIION OF ROADWAY IMPROVEMENI'S FOR 'IIIE WIIII'I'OOI~.WILL LANE PROJECT BETWEEN PINE RIDGE ROAD 'iO A POINT ONE MILE SOUIll. BEING Till.: INTEI~.SL~CTION OF TIlE FUTURE EAST/WEST CONNECi OR ROAD CONNECTING TO LIVINGSTON ROAD (Pi IASE 1). WllEREAS, on January i I, 20OO. Item 8(aX3). Iht Board of County Commissioners approved a proposal to prepare rcgulalions Io insure that ps opctties in No~lh Naples (Sccliuns 18 and 19. Township 49 South, Raugc 26 East} be developed in a coordinated mauncr with regard lo public roads, slorm draiuagc, water and sewer utilities; and WHEREAS. preliminary staff analysis indicales that att addilio,tal five hundred (500) dwelling units utilizing Whippoorwill Lane for access will cause significaut opcralional dirties,lites at the future sig,mlized intersection with Pi,se Ridge Road; and WllEREAS, Whippoorwill Lane is necessary as a public ~oad and this public soad will provide a valid public benefit; and WHEREAS. on March 14, 2000, Item 12(b)(3) aud 12(b)(4}, the Board of County Connnissioners were petitioned by Developers wilhin Ihe Whippoorwill Lane area to approve the required infrastructure for the construclion of Whippoorwill Lane assd stair was direcled by the Board of County Conunissioners to pursue lite inclusion of the Wlfippoorwill Lane Pro}cci into the Capital hnp~oventcut Element of Ibc Growth Managemen( P~an, initiate lhe acquisition of the required land intcresls, and to expedite Ibc advancemeut of construction of Whipp,,orwill Lane; and WltEREAS. the location for construction of the proposed improvemeuls bas bee,s fixed by survey and is collectively represenled by Ihe legal descriptions comprisi.g Exhibit "A" attached hereto aud incorporated herein, and W! IEREAS, after cousideration of the availability of alte,,sate roulcs assd locations, the comparative costs ¢, f project alternatives, various impacls upon Ihe enviromuenl, long range plasmitrg options, and public safety considerations, the Board desires to exercise ils right to condemn properly for public purposes. ~,- -- NOW, 'IHE'i~I~RE, BE IT RESOLVED BY TIlE BOAIU) OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. thai il bas bee,s delenuiaed by lite Board that the construction of the Whippoorwiff Lane Pm}ecl between Pine Ridge Road lo a point one mile South. bei.g the inlersection of the future easffwest connector road cmmecli~g to Livingsto. Road (Phase 1), (hereinafter referred to as 'lite lbo}ecl") is necessary and in the public's best interest i,~ order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that construction of the Project is consistent with the County's long range platming effort. AND FF IS FURTllER RESOLVED thai Ibc Counly Staff has reviewed allernative Iocatio.s for th~ various impacts to the e.visomnenlal, public safely a,sd wcllgrc consideratiosts associated with the design a~ construction of the project, and the costs associated with the design, property rights acquisition, and constn the project; and the Board finds that after consideration of these issues, the most feasible location for const FEB 1 I 2333 ,'lion of pg. t~ action of,, Page 1 thc proposed i,,,p, ovc,,,et,ls is collcclivcly rcp~csc,,Icd by Iht legal dcsc,iplio,,s cu,,,p, isi,,g Exhibit "A" atlachcd hcrclo a,,d incorporalcd he,cm. AND Fl' IS FUR'l'llEl~ RESOLVED thai in o~dc~ to con~truct Ibc project as designed, il is ncccssa[y for ,Itc Board lo acquire thc vmious real property inlc~csls described m Exhibit "A" lo wit: I~c simple interests. AND I'F IS FURTHER R~OLVED that all ptopcHy shall bc put lo public proposes. AND IT IS FUR]llER R~LVED dial tl~ County slall is hc~cby authmizcd Io immediately acquire by ~n~tion in ~coi~,lc~ wifl~ tim ~ovisions of Chaplc[s 73.74 and 1~7. Flori~ Statutes. thc a~vc-rcfcrcnccd real pro.fly inte~csls mo[c parliculmly described in Exhihit "A". attached hc~ctu and incmporalcd herein. AND IT IS FURTIIER ~SOLVED that no mobile homes a[c I~atcd on thc property sought to ~ acquired and fltercforc it will not ~ n~c~ssary to remove any mobile homes flora Ibc properly lo bc acquired. 71,is R.oh,,io,, adoplcd o,, ,I,i~ day of ~ .2U~. alter ,,,olio,,. second a,,d majority vole. ' ATTES'~: '~." DWIGHT E. BROCK, CLERK .qttest as to Chalrmall'$ Signature IIOARI ) ¢ H:~IONF. RS Approved as to for, n a,,d legal sufficiency: Assistant Counly Atlomey FE'3 1 I Page 2 RESOLUTION NO. 2UOU -__ 147 A RESOLUTION AUTItORIZING TIlE ACQUISITION OF LAND BY GIFT OIt I'URCIIASE OF FEE SIMPLE TITLE INTERESTS FOR TIlE CONSTRUCI'ION OF ROADWAY IMPROVEMENTS FOR TIlE WHIPPOORWILL LANE PROJECI' BETWEEN PINE RIDGE ROAD 'fO A POINT ONE MILE SOUTII, BEING TIlE INTERESECI'ION O1" TIlE FUTURE EAST/WEST CONNECTOR ROAD CONNECTING TO LIVINTSTON ROAD (PIIASE ONE) WHEREAS, on Jamrary I !, 2000, ilem 8(aX3), the Board of Couuty Conmtissionets (Board), approved a proposal to prepare regulations to insure that properties itt North Naples (Sections ! 8 and 19, Township 49 South, Range 26 East) be developed in a coordinated manner with regard to public roads, storm drainage, water and sewer utilities; and WHEREAS, preliminary staffanalysis indicates that an additional five hundred (500} dwelling units utilizing Whippoorwill Lane for access will cause significant operational difficulties at the future signalized intersections with Pine Ridge Road; and WHEREAS, Whippoorwill Lane is needed as a public road and this public road will provide a valid public benefit; and WHEREAS, on March 14, 2000, Item 12(b)(3) nnd 12(b)(4), the Board of County Commissiouers were petitioned by Developers within the %Vhippoorwill Lane area to approve the required infrastructure for the construction of Wlfippoorwill Lane and staff was directed by rise Board of County Conunissiooers to pursue the inclusion of the Whippoorwill Lane Project into the Capital hnprovement Elemeut of the Growth Management Plan, initiate the acquisition of the requix~! land interests, and to expedite rite advancement of const[uctiou of Whippoorwill Lane; attd WHEREAS, alternate locations, euviro,unental factors, long range plamm~g, cost variables, concurrence, safety and welfare considerations have been reviewed as they relate to rite implemeutatiun of said transportation improvements; and it has been reconunended by County Staff that it is necessary and in the best interest of Collier County, Florida, to nmintain flexibility over the acquisition of property tiglfls required for rise constructinn of the Wlfippoorwili Lane Project between pine Ridge Road to a point one mile south being the intersection of the future east/west comtector toad connecting to Livingston Road {Phase 1), hereinafter rcfened Io as "Project" as identified ou Exbibit "A" attached hereto and incorporated herein by reference; and WHEREA~esign and construction of said transportation improvements and related facilities have been determined by the Board to be necessary and in the best interest of Collier County; and WHEREAS, the construction of tile Uansportation improvements and related facilities contemplated by the Project ate nece~qm~ in order to protect the bealtit, safety and welfare of the citizens of Collier County, and is consistent with the County's long range planning effort. NOW, THEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that: 1. The Board has coosidered tile envitotmncntal factors, safety factors and fiscal considerations rclatit adopted location of thc txansportation inq~rovements and related facilities. 2. The fee simple interests identified on Exhibit "A" arc thc most feasible locations, both necessary at with the project requirements, in order to permit the constn:ction and nuintenance of the transportation impl FEB 1 consi$1ent ,., -Page 1- re. lated facilities for the Whippoorwill Lane Project between Pine Ridgc Road to a point one mile south being the intersection of tim future east/west connector toad connecting to Livingston Road (Phase 1). 3. 'l'he Board has delennincd flint fl~c construction and mai.tcnance of Ihe Whippoorwill ~nc Oansportation hnprovemen~ and related facililies a~e tiecessa~ for a public propose and is in d~e best integesl of Collier County. 4. ~ie cons~clion and maintenance of die oanspotlation improvements and related facilities are compatible ~ ~ nn~ pl~ g~is ~d objectives fm Collier County. 5. Il ~ ~ ~d ~ ~ ~ ~t of ~1~ ~aty for fl~e Board to acqubc thc fcc shuple title inlcrcs~ identified ~ ~ 'A'; ~ ~nty Slaff~ I~teby anti, or.d a~ dh~ted to acquire by gift or ~rc~e file fee simple tide ~teres~ o~ fl~e pro~rlies identified iu Exhibit 6. ~e ~a~ of ~e B~rd is hereby aufl~o6zed to execule Appraisal Agreemenm wi~ fl~e appraisal fi~(s) select~ flora fl~e list ofF~ p~e-qualified by ~e Board of County Conunissioners. ~e Board fu~her dbecm slafflo use a~i r~ or inte~i compensation esti~les as staff delennines is nccessa~ to best se~e fl~e needs of the Project 7. ~e Board, ~ acco~nce wi~ fl~e provisions of Chapter 125.355, Florida Slatutes, hereby formally waives the ~equbement for a fore,al, independent appraisal ~eport for fl~e pmchase of a p~operty where fl~e purchase price of ~e parcel (~e compensation due Io fl~e pro~rty owner) is less fl~an One llmzdred ~ousand and 00/100 Dollars ($100,000.00). In lieu of file inde~ndent appraisal zepo~t, staff is hereby aufl~o~ized to make purchase ot'fe~s for the prope~ies, the dollar ~ of which s~ll ~ ps.teated on 'stuff com~n~tion estmxates" based upon h~depeudent appraisals (and fl~e data · e~efiom) obeyed on s~61ar properties and upon conside~alion nod application of appropriate market value and cost data ~t to ~ ~bj~t ~ceis. 8. U~n ~e approval by O~e County Atlomey's O~ce of ali docun~nts neces~ for fl~e subject prope~y acquisition, Real Pro~y Mm~agement Depa~nent slaff is hereby dbected to offer inunediate delive~ to fl~e res~ctive pro~y owners of fl~e full compensaliou (as established by the appsaisal or staff compe.sation estimates in accordance wi~ fl~e prov~ions of Chapter 125.355, Fiori~ S~tutes), iu ~etum for fl~e inunediate and proof execution oral,: respective ~, or ~ ~d ~ch o~er legal do~en~ ancot a~davils as ~e County Attorney's O~ce dee1~ appropriate in ord~ to prot~t fl~e ~teres~ office Co~ty; and ~e Board hereby auguries i~ pzeseut Chain and any subsequent ~ for ~e~e P~ojec~ to execute ~y ~s~n~ which have been approved by ~e O~ce of~e Coun~ A~o~, to ~ve ~e lien of any enc~br~ce ~d for ~y s~h o~ ~ as ~y ~ ~ubed for ~e acqu bed fee s~ie fi~ 9. ~ ~ ~ ~se ~gotial~ settle~n~ ~y ~ obta~ via ~e 'Purchase Agreement" or '~tnent A~ ~~ ~e Di~tor of the O~ of Public Works Engineering, or his designee, is cl~ged wi~ the ~fli~ for ~mplefion of vafiom ~pi~l ~mve~nt projecm, and is her~y delegated ~e au~ofi~ to appzove ~e p~ of~ ~te~ s~ve ~e s~ffcom~lion eslinmle or appraised value and pay ~lly zelat~ cos~ ~,hen it ~ ~ ~e ~st ~tezest of~e P~oj~ wi~in fl~e p~o-~a~ shine of~e land figh~ acqu~ilion budget for ~e parcel ~ing acqu~d, o~y when ~e difference ~tw~n fl~e p~chase p~ice and cotn~n~lion ~timate or appraised value is le~ ~an Fifl~n ~o~nd and ~/1~ Dollars ($15,0~.~) or fl~e cunent purchasb~g limits eslablished by the Colli~ Co~:. _~ ~c~g D~a~ent; provided, Project f~d~g is available. FEB -Page 2- 10. That file settlelnent approval aufl~ority is delegated by Iht Uoard to the extent flzat such approvals do not conflict wiflt file provisions of Section 125.355, Florida Statutes. 1 I. The Chairman of fl~e Board is hereby authorized to ~xcculc Easement Ag~ccments and Pm chase Agreements where fire land owner has agreed lo sell fl~e ~equircd land ~ights to II~e County at ils appraised value or at ~at amount considered fl~c "A~finis~ativc S~ttlement Amount" as soch le,n is inlemally used by ~c a~hfis~atiw agencies of ~llier Co~. I Z Where ~e pro~y owner agrees, by sworn ailidavit or ag~eemenl ("Purchase Agreement" or "Easement Agent'}, ~ ~v~ a ~ ~tm~t in t~l ~y to ~e Coumy, and u~n ~e proof execution by ~e properW o~cr of ~mse e~emen~ or fee simple litle, aud such off,er legal documcuts as the Office of fl~e County AUomey may requ~e, ~ ~md hereby au~mt~s ~,e Finance Deparanent ~o issue warrant, payable to fig property owner(s) ofrecor~ ~ ~osc ~ as shall ~ sp~ified on a clos~g statement and which shall be based upon ~e appraisal or ~fi~ estimate ~ accmdance wiflt tiffs Resolution and the p~ovisions of Sectiou 125.355, Florida Statutes. 13. All title to p~o~i~ or hfler~ts in p~ope~ties wbicl~ have been obtaiued in the mam~er described above shall be ~ "acc~d' by tim Bo~d of ~ty Conmfissione~s, as fl~e governing body of Collier County, Florida, a political su~ivision office State of Florida, and as such, staff is hezeby auflmtized to ~ecmd in rite Public Records of Collier County, Flori~, said easemen~ or fee simple title aud such off,er ins~ments as may be required to remove fl~e lien of any encumbrance from the acquired properties. DWIOHT.E. BROCK, CLERK Attest as to Chalr'a~'$ sJgsatu~e on]7. By: __. ,2000, after motion, second aud majority vole. o ;,iss o E S OF COLLIF~r~ COUNTY, FLORIDA e ~-~ ~. CONS'I~IN~, C~IP~N Approved as to £onn and legal~sufficienc~: Assistant County Attorney -Page 3- RESOLUTION NO. 2001 - 246 A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE, UTILITY AND MAINTENANCE EASEMENTS AND PERPETUAL, NON-EXCLUSIVE SLOPE AND UTILITY EASEMENTS FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS FOR THE PHASE I WHIPPOORWILL LANE PROJECT FROM PINE RIDGE ROAD SOUTH A DISTANCE OF APPROXIMATELY ONE (1) MILE. WHEREAS, on January I 1, 2000, Item 8(a)(3), lhe Board of County Commissioners (Board), approved a proposal to prepare regulations to insure that properties in North Naples (Sections 18 and 19, Township 49 South, Range 26 East) be developed in a coordinated manner with regard to public roads, storm drainage, water and sewer utilities; and WHEREAS, preliminary slaffanalysis indicates that an additional five hundred (500) dwelling units utilizing Whippoorwill Lane for access will cause significan! operational difficulties at the future signalized intersections with Pine Ridge Road; and WHEREAS, Whippoorwill Lane is needed as a public road and this public road will provide a valid public benefit; and WHEREAS, on March 14, 2000, Item 12(b)(3) and 12(b)(4), the Board of County Commissioners were petitioned by Developers within the Whippoorwill Lane area to approve the required infrastructure for the construction of Whippoorwill Lane and staffwas directed by the Board of County Commissioners to pursue the i,~clusion of the Whippoorwill Lane Project into the Capital Improvement Element of the Growth Management Plan, initiate the acquisition of the required land interests, and to expedite the advance~nent of construction of Whippoorwill Lane; and WHE AS, alternate locations, ~E.~ environmental factors, long range planning, cost variables, concurrence, safety and welfare considerations have been reviewed as they relate to the implementation of said transportation improvements; and it has been recommended by County Staff that it is necessary and in the best interest of Collier County, Florida, to maintain flexibility over the acquisition of property rights required for the construction of the Whippoorwill Lane Project between Pine Ridge Road to a point one mile south being the intersection of the future east/west connector road connecting to Livingston Road (Phase 1), hereinafter referred to as "Project" as identified on Exhibit attached hereto and incorporated herein by reference; and WHEREAS, the design and construction of said transportation improvements and related facilities have been determined by the Board to be necessary and in the best interest of Collier County; and WHEREAS, the construction of the transportation improvements and related facilities contemplated by the Project are necessary in order to protect the health, safety and welfare of the citizens of Collier County, and will assist Collier County in meeting certain concurrency requirements of the Growth Management Plan for Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I. Tile Board has considered tile environmenlal factors, safety factors and fiscal considerations relating to tile final adopted Iocalion of the transportation improvements and related facilities. 2. The perpetual, non-exclusive road right-of-way, drainage, utility and maintenance easements and the perpetual, non-exclusive slope and utility easements identified on Exhibit "A" are the most feasible locations, both necessary and consistent with the project requirements, in order to permit the construction and maintenance of the transportation improvements and related facilities for the Whippoorwill Lane Project between Pine Ridge Road to a point one mile south being tile intersection of the future east/west connector road connecting to Livingston Road (Phase I). 3. The Board has detemfined that the construction and maintenance of tile Whippoorwill Lane transportation improvements and related facilities are necessary for a public purpose and is in the best interest of Collier County. 4. The construction and maintenance of the transportation improvements and related facilities are compatible with tbe long range planning goals and objectives of the Growth Management Plan for Collier County. '"~ 5. It is necessary and in the best interest of Collier County for the Board to acquire thc perpetual, non-exclusive road right-of-way, drainage, utility and maintenance easements and the perpetual, non- exclusive slope and utility easements identified on Exhibit "A;" and County Staff is hereby authorized and directed to acquire by gift or purchase the perpetual, non-exclusive road right-of-way, drainage, utility and maintenance easements and the perpetual, non-exclusive slope and utility easements identified in Exhibit "A." 6. The Chairman of the Board is hereby authorized to execute Appraisal Agreements appraisal finn(s) selected from the list of finns pre-qualified by the Board of County Commi,, -Page 2- The Board further directs staff to use appraisal reports or internal compensation estimates as staff determines is necessary to best serve the needs of the Project in a timely and cost-effective manner. 7. The Board, in accordance with the provisions oF Sectio,~ 125.355, Florida Statutes, hereby fora]ally waives the requirement for a fonnal, independent appraisal report for the purchase of a property where the purchase price of the parcel (the compensation due lo the property owner) is less than One Hundred Thousand and 00/100 Dollars ($100,000.00). in lieu of the independent appraisal report, staff is hereby authorized Io make purchase offers for the properties, lhe dollar amounts of which shall be predicated on "staff compensation estimates" based upon independent appraisals (and the data therefrom) obtained on similar properties and upon consideration and application of appropriate market value and cost data pertinent to the subject parcels. 8. Upon tile approval by the County Attorney's Office of all documents necessary for the subject property acquisition, Real Property Management Department staff is hereby directed lo offer immediate delivery to the respective property owners of the full compensation (as established by the appraisal or staff compensation estimates in accordance with the provisions of Section 125.355, Florida Statutes), in return for the immediate and proper execution of the respective easements, or other legal documents and/or affidavits as the County Attorney's Office deems appropriate in order to protect the interests of the County; and the Board hereby authorizes its present Chairman and any subsequent Chairman, for the life of the Project, to execute any instruments which have been approved by the Office of the County Attorney, to remove the lien of any encumbrance and for any such other purpose as may be required. 9. In those instances where negotiated settlements may be obtained via the "Purchase Agreement" or "Easement Agreement" mechanism, the Director of the Transportation Engineering and Utilities Department, or hls'~l~ignee, is charged with the responsibility for completion of various capital improvement projects, and is hereby delegated the authority to approve the purchase of land inter,ts above the staffcompensation ~stimate or appraised value and pay normally related costs when it is in the b~at interest ofth~ Project, within the pm-rata share of the land fights acquisition budget for the parcel b~ing acquired, only when the differenc~ between the purchase price and compensation estimate or appraised value is less than Twenty-Five Thousand and 00/100 Dollar~ ($25,000.00) or the curr~nt funding purchasing limits established by the Collier County Purchasing Department; provided, Project /. ~ al -Page 3- 10. That thc settlement approval authority is delegated by thc Board to the extent that such approvals do not conflict wilh thc provisions of Section 125.355, Florida Statulcs. I 1. Thc Chaimmn of thc Board is hereby authorized to execute Easement Agreements and Purchase Agreements where the land owner has agreed Io sell thc required land rights to the County at its appraised value or at that amount considered the "Administrative Settlement Amount" as such term is internally used by the administrative agencies of Collier County. i 2. Where the property owner agrees, by sworn affidavit or agreement ("Purchase Agreement" or "Easement Agreement"), to convey a necessary interest in real property to lhe County, and upon the proper execution by the property owner of those easements or such other legal documents as the Office of thc County Attorney may require, thc Board hereby authorizes thc Finance Department to issue warrants, payable to thc property owner(s) o£rccord, in those amounts as shall be specified on a closing statement and which shall bc based upon thc appraisal or staffcomponsation estimate in accordance with tiffs Resolution and the provisions of Section 125.355, Florida Statutes. 13. Ali title to properties or interests in properties which have been obtained in the manner described above shall be deemed "accepted" by the Board of County Commissioners, as the governing body of Collier County, Florida, a political subdivision of the State of Florida, and as such, staff is hereby authorized to record in the Public Records of Collier County, Florida, said easements or other instruments as may be required to remove the lien of any encumbrance from'{he acquired properties. 14. This Resolution supersedes Resolution 2000-414 approved by the Board of County Commissioners on November 14, 2000. ~'TH IS REsoLUTION ADOPTED on this~R~lay of ~ ,~ec~nd and majority vote. · -~AT'rEST: =. DWIGHT E. BROCK, CLERK · - [~op~-/y Clerk Attest as to Chairman's signature onl~t . Approved as to lorm aha legal sufficiency: He~i'F: Assistant County Attorney · 2001· after motion, BOARD OF COUNTY COMMISSIONERS OF COLLIER~~COUIq~ By: JAMES ~RTER, Ph.D., CHAIRMAN -Page 4- WHIPPOORWILL LANE PROJECT CORRIDOR & PUD MAP EXHIBIT ...... _EIblE_RI[ EIBERT GOLF CENTER BRYNWOOD PRESERVE LGE.R..OJ~D .... ~ NNFDJ ARLINGTON LAKES (98.36 acres / 590 units) HORSE FARM +/- 20 Acres NOW PART OF BALMORAL (19.58 acres / 72 units) i:J;i SEAGATEBAPTIST CHURCH BALMORAL (39.58 acres / 154 units) WHIPPOORWILL LAKES (76.83 acres / 518 units) WHIPPOORWILL PINES (29.54 acres / 210 units) WHIPPOORWILL WOODS (83.92 acres / 462 units) 1-75 :, i KENSINGTON CANAL (LIVINGSTON VILLAGE) (148.98 acres 1 540 units) KEY: Right-of-Way, Drair Slope and Utility Ea RESOLUTION NO. A RESOLUTION AUTI'IORIZING TIlE ACQUISmON OF I..AND BY CONDEMNATION OF FEE SIMPLE TITLE INTERESTS AND/OR PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF- WAY, SfDEWALK, UTILI'F~, DRAINAGE, SLOPE AND MAIN'I'ENANCE INTERESTS BY EASElVIENT FOR THE CONSTRUCTION OF ROADWAY IMPROVF.~ENTS FOR T'tiE IA~HPPOORWILL LANE pROJI~CT BETWEEN PINE P..II~)E ROAD TO A POINT ONE MILE SOUTH, BEING TIlE INTERSECTION OF THE FtJTLrRE EAST/WEST CONNECTOR ROAD CONNECTING TO LIVINGSTON ROAD {PHASE l). WHERP..AS, on ]an~m~ l 1, 2000, lmcm 8(mX3), *we Board of County Co,~m~sioncrs mpp~ved a proposal to prepare rcgutmtions to insure thst propumes in Natih Naples (Scions 18 and 19, Township 49 South, P.~ng¢ 26 East) be devclope, d in a coordinate! manner with rngard to public roa~ storm drainage, water and scwcr utilities; and WHEREAS, prcliminary st~ff tn~lysis indicates tha~ an additional five hundred (500) dwclling units utilizing Whippoorwill Lane for access will cansc significant opcratimml difficulties a! thc future sigualizcd intersection with Pine Ridge Road; and WI-I~REAS, Whippoorwill Lane is necessary ~s a public road and this public road will provide a valid public bcncf~ and WHEREAS, on March 14, 2000, Item 12(5)(3) and 12Co)(4), thc Board of Coonty Commissioners were petitioned by Developers within thc Whippoorwill Lane area to approve thc required infrasu~cturc for thc cons~ucfion of Whippoorwill Lane smd st~ff was directed by thc Board of Coumy Commissioners to pursue thc inclusion of thc Whi~ll La.nc Project into thc Capital Improvement Element of thc Growth Management Ptan, initiate thc acquisition of thc required land intercsts, and to cxpcclitc thc advanccrncnt of construction of W~ippoorwiLI Lane; and WITERF=AS, thc location for consu'uctioo of thc proposed improvements has bccn fixed by survey and is collectively represented by the legal descriptions comprising Exhibit 'A' attached hereto and incorporated herein; and W~IF..REAS, after consideration of thc availability of alternate routes and locations, thc comparative costs of project ~crnatives, various imp~-u upon the cnviromncnt, long range planning options, sad public safety considcrmions, thc Boant desires to cxcrcise its right to condemn property for.public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY CO~SIONERS OF CO~-V-~R COUNTY, FLORIDA, thst it has been determined by the Board that the consUuction of thc Whippoorwill Lane Project between Pine Ridsc Road to · point one mile Sou~ beinS the intersection of tb~ fuUnc cast/west amnecsor meal connecting to Livingston Road (Ptu~c I), 0~.~.,at~ ~T. fcmcd to as "thc Project") is n~_'-'Y and in thc public's best interest in ordc~ to protect the health, safety and welfare of thc citizons of Colli~r County. AND IT IS FURTHER RESOLVED that construction of thc Project is consistent with the Counts ions range planning effort. AND IT IS FURTHER RESOLVED that thc County S~'f Ires rcviewcd?tcmativc.)..oC, a..t~o_ ..~. f~.tl~c_projc.~ acquisition~ ~nd construction of thc pmj~t; ~ ~c ~d ~ ~t sfi~ ~ns~m~on oF ~csc issue, ~c most ~s~lc l~on for co~on o~ ~c pro~ ~v~ ~ coll~vciy ~r~cntcd by ~c lc~a] dcsc~p~o~ comp~m~ ~bi~ 'A' a~chcd h~cto md mco~m~ hc~i~ A~ ~ IS ~R ~OL~D ~t ~e ~ mff~ h~by au~ m ~m~tely e~u~e by ~c~fion ~ ~ ~ ~e pmv~iom of~p~ 73. 74 ~d 127, ~o~ Smm~, ~c a~ve-rcfcrcnc~ ~ ~ IS ~R ~SOL~ ~t no ~bBc ~m~ ~ l~ on ~c pmp~ sought to ~ acqu~ ~d ~ercfo~ it ~ll not ~ n~ to ~movc ~y mob2c ho~ ~m ~c pro~ ~ bc acqu~cd. A~ ~ IS ~R ~OL~D ~t Bo~d of ~ ~sioncn on May 23, 2~0, l~m ~is Resolution ad.ted on ~is/~ ~y of ~ ~ 2~, a~r mo~o~ s~ond votc. "ltt~st:'a'i to Chal~n's sl~ature ~1~. Approved as to form and legal sufficiency: Assistant Count7 Atlorncy Q. GRADY MINOR. P.E. MARK W. MINOR, P.E. C, DEAN SMITH. P.~_ - DAVID W. SCHMrl-r, P.E. MICHAEL J. DELATE. P.E. q/. C;RADY MINOR &: ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners D. WAYNE ARNOLD, A-LC.[ ROBERT W. THINNES, ERIC V. SANE)OVAL PS.M THOMAS CHERNESKY, ALAN V. ROSEMAI~ I'""IN COLLIER COUNTY, A PORTION OF: PIN: 000000.0286800008 STRAP:. %92618 0'17.0004B18 Perpetual, Non-Exclusive Road Right-of-Way, Drainage, Utility and Maint. Easement LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B-1807) PROOECT PARCEL FOLIO THE EAST 40 FEET OF THE NOR~4 HA.LF (1/2) OF ~ SOUTHEAST QUARTER (1/4) OF THE- SOUTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY., FLORIDA; CONTAINING 26 408 SQUARE FEET, MORE OR LESS. ' Q. IZNO XSSOCTA?ZS, TOM CH-ERNESKY( , P.S.M. #5426 STATE OF FLORIDA (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMAOaol.co~ 3800 Via Del Rey · Bonita Springs, Florida 34134 Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. _~ DEAN SMITH, P.E. ~AVID W. SCHMrr'r, P.E. .eilCHAE3, J. DEL.AT-r., P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners IN COLLIER COUNTY, A PORTION OF: .PIN: 00000002.86800008 STRA~: 492618 017.0004B18 D. WAYNE ARNOLD, A-I.C.P. ROBERT W. THINNES, A.I.C_~. ERIC V. SANDOVAL, P.SaM. THOMAS CHERNESK'y, p.e- · ALAN V. ROSE1 PRO,JECT PARCEL Frr) 7_ LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B-1807-A) THE W'EST 10 FEET OF THE EAST 50 FEET OF THE NORT}{ .qA.LF (1/2) OF SOUT?iEAST QUARTER (1/4) OF TIqE SOUTI.~'WEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, R3%NGE 26 CAST., COLLIER COUNTY_, FLORIDA; CONTAiNiNG 6,600 SQUARE FEET, MORE OR LESS. , P.S.M. #5426 STATE OF FLORIDA FE3 1 1 (941) 947-1.144 ::AX (~) ~7~ E-Ma~ ~~~d~ot.com 3800 Via Del Rey Bo~ Springs, ~oada ~1~ Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. - C. DEAN SMITH. P.E. · "'~')AVID W..S~I-.[~ITT, P.E. IIG~IAEI. J. DEl_ATE. P.E. D. WAYNE ARNOLD, A. LC.P. ROBERT W. THINNE~, A.I.C.P. ERIC V. SANDOVAI, P.S.M. THOMAS ~i0{. PS.M. ALAN V. R~ ii1; cor.r.zL"R COUNTY., A PORTION OF': PTN: 000001)02;86960003 STRKP: 4926.:I. 8 022.. 0004B18 Perpetual, Non-Exclusive Road Right-of-Way, Drainage, Utility and Maint. Easement P ROulECT U. PARCEL ,11 !0::~ LEGAL DESCRIPTION WHIPPOORWILL (SKETCH B-!807) TFLE EAST 40 FEET OF THE EAST HALF (1/2) OF Tb.~ SOUTHEAST QUARTER (1/4) OF THE_ NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER CO5~Y, FLORIDA; CONTAINING 26,408 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. s IS D TOM C~'ERNESKY { , P.S.M. #5426 STATE OF FLORIDA (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs. Fionda 34134 Q. GRADY MINOR. P.E. MARK W. MINOR. P.E. C. DEAN SMITH, P.E. ~AVID W. SCHM~, p.E. .dlCHAEL J. DELATE. P.E. t2. t, li.a.U¥ MIINOI{ & AbOUt, IAI ]:.5, P.A. Civil Engineers Land Surveyors Planners ~ COI. J.,ZER COUNT~, A PORTZON OF: ':.Pll~ ~-10600000286960003 'STRAP: 492.618, 02,1. 0004BI~ D. WAYNE ARNOLD, A.I.C.p. ROBERT W. THINNES, A.I.C.P. ERIC V. SANDOVAL P$.M. THOMAS ~, p.e ,.< ALAN V. RCb-E PROOECT, PARCEL FOLIO LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B-1807-A) THE WEST 10 FEET OF THE EAST 50 FEET OF THE EAST HALF (1/2) OF Th~ SOUTHEAST QUARTER (1/4) OF ~ NORTHEAST QUARTER (1/4) OF Tb.~ SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 E~AST, COLLIER COUNTY., FLORIDA; CONTAINING 6,600 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. TOM -GFm~SKY C P.S.M. #5426 STATE OF FLORIDA (941) 947-1144 FAX (941) 947-0375 E-Maih enginee~g~gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 54134 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners Q. GRADY MINOR. P.E. MARK W. MINOR, P,E. C. DEAN SMITH, P.E. ~*'-DAVID W. SC..HMITT, P.E. ~ICHA~L J. DE:LATE, P.E ~.A -PORTION OF: ]~ PI~T~ 0'00'00'00286760009 ~ STRA~: 492618 016.0004B18 Perpetual, Non-Exclusive Road Right-of-Way, Drainage, Utility and Maint. Easement LEGAL DESCRIPTION WHIPPOORWILL (SKETCH B-1807) D. WAYNE ARNOLD, A.I.C.p. ROBERT W. THINNE5, A.I.C.p. E~IC V. SANDOVAL P.S.M. ALAN V. ROSE!MAN PROJECT (o COS~t PARCEL lOLL FOLIO .c~ THE EAST 40 FEET OF TDIE NORTH F.A.LF (1/2) OF THE NOR~-?_AST QUARTER (1/4) OF ~4'E_ SOUT~'WEST QU~TER (1/4) OF SECTION 18, TOWNSHIP 49 SOLTI~, F~NGE 26 EAST, COLLIER COUNTY., FLORIDA; CONTAINING 26,408 SQUARE FEET, MORE OR LESS. Q. GPS~Y MINOR s i G~S~ $-/f/-~ TOM:-.~'-q~.~R_N'ESKY -I & ASSOCIATES, P.A. , P.S.M. #5426 STATE OF FLORIDA -. j I (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs, Florida 34134 Q. GRADY MINOR, P.E. MARK W. MINOR, C. DEAN sMrrl-L P.E. ')AVID W. ~-12vir~, p.; MICHAEL J. DELATE. ?.~ Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners EXHIBIT :A PORTION' OF: PZN:. 00000'00286760009 S'i'P..~P:. 4926Z8 016.0004918 ~C D. WAYNE ARNOLD, A.I.C_p. ROBERT W. THINNES, A. LC_p. ERIC V. SANDOVAL P.S.M. THOMAS CI'mRNESKy, p ALAN v. PROdECT PARCEL FOLIO LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKET~q B-1807-A) THE WEST 10 FEET OF THE EAST 50 FEET OF T}tE NOR~ HALF (1/2) OF NORTHEAST QU~TER (1/4) OF THE SOLTr}UWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST; COLLIER COUNTY, FLORIDA; CONTAiNiNG 6,600 SQUA/~E FEET, MORE OR LESS.. C o. ~¥ Mi~OR ~ ~socI~TES, P.a. TOM CHERNESKY ~ , P.S.M. #5426 STATE OF FLORIDA (941) 947-1144 FAX (941) 947-0375 E-Mail: engineering~lgradymmor.com 3800 Via Del Rey Bonita Springs. Florida 34134 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners ]O Q. GRADY MINOR. P.E. MARK W. MINOR, P.E. · j_..C. DEAN SMITH, P.E. AVID W. $CHMITT, P.E. AICHAE1. J. D~uA'i'E. P.E. D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, A.I.C.P ERIC V. SANDOVAL, THOMAS CHERNESKY, P-~.M. ALAN V. RGSE]ViAN A' PORTION OF: PIN: 0000000286480004 STRAP: 492618 012.0004r~18 Perpetual, Non-Exclusive Road Right-of-Way, Drainage, Utility and Maint Easement LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B-1807) PROOECT PARCEL_ FOLIO ~E EAST 40 FEET OF Tb~ SOUTH HALF (1/2) OF .~7-~ SOUTI~EAST QUARTER (1/4) OF ~-~_ NORTI~'WEST Qb-ARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY., FLORIDA; CONTAINING 26 408 SQUARE FEET, MORE OR LESS. ' '' Q. GRADY MINOR & ASSOCIATES, P.A. S I GNED TOM CHEPdTESKY L , P.S.M. #5426 STATE OF FLORIDA (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rev · Boruta Sprin~s. Florida 34134 Q. GPA, DY MINOR, P.E. MARK W. MINOR, P.E. - C. DEAN SMITH, P.E. AVID W. SCHMHT, P.E. MICHAEL J. DEl_ATE, P.~ Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners A PORTION OF: PIN: 0000'000286480004 [,,,STR~%P: 492618 012.0004B18 D. WAYNE ARNOLD, Ad. Cp. ROBERT W. THINhrI~, A. LC?. ERIC V. SANDOVAL PS.M. THOMAS (u4'~k~. ALAN V. ROb-~ PROJECT PARCEL FOLIO or~ 3 T,L,q~.Y4 LEGAL DESCRIPTION PERPETUAL. NON-EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B-1807-A) ~.~ WEST !0 FEET OF T H~ EAST 50 FEET OF THE SOUTH 5~F (1/2) OF THE SOUTH=A-ST QUARTER (1/4) OF THE NORT!qWEST QU~TER (1/4) OF SECTION -~8, TOWNSHIP 49 SOUTH, RANGE 26 EAST; COLLIER o~OU'NT..,v FLORIDA; CONTAiNiNG 6,600 SQUARE FEET, MORE OR LESS. Q. G~3Y MINOR & ASSOCIATES, P.A. TOM P.S.M. #5426 STATE OF FLORIDA {941) 9~7-1144 FAX (~1) 947..037~ E-Mail: englmeering~§radymmor.¢om 3800 Via Del Rey Bonita Sprin§$. Florida 34134 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners tO Q. GRADY MINOR. MARK W. MINOR. P.~ ,..,~. DEAN SMITH, ?.E. ~VlD w. 5CHIvIITT, P.~ aCH~ ]. D~ D. WAYNE ARNOLD, A.I.C_p. ROBERT W. THINNE5, A.I.C.P. ERIC V. SANE)OVAL, PS.M. THOMAS CHERNESIOf, Al_AN V. ROSEMAN IN COLLIER COUNTY, A PORTION' OF: PIN: 000000'0288160102 STRAP: 492.618 05!.0004B18 PROOECT PARCEL FOLIO FEE SIMPLE INTEREST LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B-!807) Tb..~ EAST 40 FEET OF TR~ SOUT~ HALF (1/2) OF THE SOUTH HAlF (1/2) OF THE NOR~ FtA~F (1/2) OF .~E SOUTH~3T QUARTER (1/4) OF THE NORTHWEST QU~TER (!/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST; LESS ~3.T PARCEL DESCRIBED IN OFFiCiAL RECORDS BOOK 2286 AT PAGES 624-626 OF TAT PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 2,400 SQUARE FEET, MORE OR LESS. MINOR SSOC ATES. TOM CHER/~SKY [ STATE OF FLORIDA FS£.i i (941) $7-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rev · Bonita Springs, Florida 34134 Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. ~AVID W, ScHMrTT, P.E. MICHAEL J. DE'hATE, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, A.I.C,P. ERIC V. SANDOVAL, p ' THOMAS CH'ERNESKY, t. AI-AN V. iN COLLIER COUNTY., A PORTION OF: PIN: 0000000'288160102 STRAP-: 492618 051.0004B18 PROJECT PARCEL FOLIO LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LA_NE (SKETCH B-1807-A) ~.E WEST 10 FEET OF THE EAST 50 FEET OF THE SOL~I".H HALF (1/2) OF .~E SOUTH HALF (1/2) OF THE- NORTH KALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF lq4E NORTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST; LESS THAT PARCEL DESCRIBED iN OFFiCiAL RECORDS BOOK 2286 AT PAGES 624-626 OF THE.- PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAiNiNG 600 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. . TOM CHERNESKY 1 , P.S.M. #5426 STATE OF FLORIDA (941) 947-1144 FAX (941) 947-0375 E-Mail: engineering~gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners Q. GRADY MINOR, ?.E. MARK W. MINOR. P.E. ,~,.C' DEAN SMITH, P.E. ')AVID W. SC2-LMITT, P.E. .~ICH. AEL J. DELATE. P.E. D. WAYNE ARNOLD, A.I.C.p. ROBERT W. THINNES, A.I.C.p. ERIC V. SANE)OVAL P.S.M. THOMAS CHERt, P.S.M. ALAN V. RC~EMAN 'PORTION OF: ~i I~iN: 0'000000286520003 [iSTRA~: 492618-013.0004B!8 PRO,3ECT ('o(Y~t2 PARCEL !o~ FOLIO oo~%<~S~oOs~ FEE SIMPLE INTEREST LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B-!807) THE_ EAST 40 FEET OF THAT PARCEL OF LAND LYING IN THE SOUTI-i HALF (1/2) OF THE SOU/iq FtA~F (1/2) OF THE NOR_'_'_'_'_'_'_'_'_'~ HALF (1/2) OF TI-iE SO~T QUARTER (1/4) OF THE- NORTH'WEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST; SAiD PARCEL BEING MORE PA~TICL-LARLY DESCRIBED iN OFFiCiAL RECORDS BOOK 2286 AT PAGES 624- 626 OF T~ PL~LiC RECORDS OF COLLIER COUNTY., FLORIDA; CONTAINING 4,201 SQUARE FEET, MORE OR LESS. Q. GR3%DY MINOR & ASSOCIATES, P.A. SIGNED P.S.M. #5426 STATE OF FLORIDA F: SURVZY\ Wl, I. kL.S (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 %,'ia Del Rev · Bonita Springs. Florida 34134 Q. GRADY MINOR. P.E. MARl( W. MINOR, "P.E. C DEAN SMITH. "P.E. DAVID W. SCHMIT~, P.E. MICHAEL ~. DELA. T'E, "P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners IN COLLIER COUNTY, A PORTION OF: PIN: 0000000286520003 STRA~: 492618 013.0004B18 D. WAYNE ARNOLD, Ad. CP. ROBERT W. THINNED, A..I.CP. ERIC V. SAd',IDOVAL, THOMAS ~, p. ALAN V. PROOECT PARCEL FOLIO LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B-!807-A) THE WEST 10 FEET OF T~E FJIST 50 FEET OF TF~T PARCEL OF L~_ND LYING iN THE SOUTH .HALF (1/2) OF THE SOLr!iH blALF (1/2) OF T!-.~ NORTH HALF (1/2) OFT!CE SOUTI.~_J~ST QUARTER (1/4) OF.%f2-.iE NOR?H-WEST QU~mTE_R (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH.., RANGE 26 -FAST; SAiD PAmCEL BEING MORE PARTICI2~RLY DESCRIBED iN OFFICIAL RECORDS BOOK 2286 AT PAGES 624-626 OF TH~ PUBLIC RECORDS OF COLLIER COb'NTY, FLORIDA; CONTAiNiNG 1,050 SQUARE FEET, MORE OR LESS. Q. GPA/DY MINOR & ASSOCIATES, P.A. P.S.M. #5426 STATE OF FLORIDA £: ~u'R'VEY\wW. tJ..S (941) 947-1144 FAX (941) 947-0375 E-Mail: engineering~Dg-radyminor.com 3800 Via Del Rey Boniua Sprin§s, Florida 34'134 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners Q. GRADY MINOR. P.E. MARK W. MINOR. P.E. "'~- DEAN SMITH. P.E. ~VID W. 9~Hlvil'l-r, P.E. .,iICHAEL J. DEI_AT'E. P.E. D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNE$, A.I.C_P. EPIC V. SANDOVAI.., P':;.M. THOMAS CHERNESKy, P.S.M AI-AN V. RO~AN' 'A ~DRTION OF: PIN: 0000000286640006 STRA~: 492618 013.0034B18 PROdECT PARCEL lOTS FOLIO FEE SIMPLE INTERST LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B-1807) ~-.'E EAST 40 FEET OF THE NOR~q HALF (1/2) OF THE SOUTH F. ALF (1/2) OF THE NORTH ~L~F (1/2) OF THE SOUTHEAST QUARTER (1/4) OF ~E NOR~-~WEST QU~TER (1/4) OF SECTION 18, TOWNSHIP 49 SOLVE. H, ~GE 26 E3%ST, COLLIER COUNTY., FLORIDA; CONTAiNiNG 6,602 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. TOM CHERNESKY ( , P.S.M. ~5426 STATE OF FLORIDA (941) 947-1144 · FAX (941) 947-0375 · E-lviail: QGMA@aol.com 3800 Via Del Rev · Bonita Sprin~s. Florida 34134 Q. GRADY MINOR, P.E. MARK W. MINOR, _ C. DEAN SMITH, P.E. DAVID W. SCl[MITT, MICHAEL J. DELATE, Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners EXH BI R- IN COLLIER COUNTY., A PORTION OF: PIN: 0000000286640006 STRAP: 49261S 013.0034B18 ~C D. WAYNE ARNOLD, A.I.C.P. ROBERT W. 'I-rflNNE~, A.I.C.P. ERIC V. SANDOVAL, PF THOMAS CHERNESKy, ALAN V. ROS'EN~ PROJECT PARCEL ~O~Q~' FOLIO LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B-!807-A) TH..E WEST 10 FEET OF THE EJ%ST 50 FEET OF THE NORTZ4 F_~T.F (1/2) OF THE SOU/iq F.A_LF (1/2) OF THE NORTH HALF (1/2) OF TiqE SOUTH..FJLST QUARTER (1/4) OF THE NORTI4WEST QUA_RTER (1/4) .OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COU1TI"f, FLORIDA; CONTAiNiNG !, 650 SQUARE FEET, MORE OR LESS. Q. GRkDY MINOR & ASSOCIATES, P.A. SIGNED TOM Cb~RNESKY '( , P.S.M. #5426 STATE_ OF FLORIDA F: SU~VL'Y. %ww. LLS (941) 947-1144 FAX (941) 947-0375 E-Mail: engineering~gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GR.ADY MINOR. P.E.. MARK W. MINOR. ~.,.F--~ DEAN sMrrH, P.E. VID W. $CHM~, P.E. .,CHAEL I. DELATE. P.~ Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors ' Planners F..XH JO' D. WAYNE ARNOLD, Al. CP. ROBERT W. THINNE$, A. LC.P. ERIC V. SANE)OVAL PS.M. T~OIvIAS CHERNE~, PS.M. ALAN V. ROSENiAN iN COLLIER COUNTY., A PORTION OF: PIN:'0000000286600004 STRAP: 492618 013.002~BI8 PROOECT (~~~ .... PARCEL FOLIO FEE SIMPLE INTEREST LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B-!807) THE EAST 40 FEET OF THE SOUTH.. HALF (1/2) OF THE NORTH HALF (1/2) OF ~qE NORTH HALF (1/2) OF THE SOUTHF. JLST QUARTER (1/4) OF T~ NORT~.r~CEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH., RANGE 26 ~AST, COLLIER COUN'I~., FLORIDA; CONTAiNiNG 6,602 SQUARE FEET, MORE OR LESS. Q. GR~Y MINOR & ASSOCIATES, P.A. TOM...?~P~TESK~. ( P.S.M. #5426 STATE OF FLOKIDA F: SUR%"EY\WW. ~ (941) 947-1144 · FAX (941) 947-0375 · E-Maih QGMA@aol.com 3800 Via Del Rey · Bonita Springs, Florida 34154 Q. CRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. - DAVID W. $CHMITT, ~IICHAEL J. DE'LA'~. P.~ Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners ;~_)_b_~ ~" IN COLLIER COUNTY., PORTION OF: "PIN:0000000286600004. STRA~:'492618 013.0024B18 D. WAYNE ARNOLD, A.I.C_p. ROBERT W. THINhtI~, A.I.C.p. ERIC V. SANE)OVAL P-~.M. THOMAS C}'{~N~r~ K'y, ALAN V. R~. PROJECT, PARCEL, FO[ I 0 Cr~ ~'~t~, LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B-1807-A) TIiE WEST !0 FEET OF THE EAST 50 FEET OF TI-!E SOUTH i~_m.L? (1/2) OF TIiE NORTH .~L~_LF (1/2) OF THE NORTH I-L~_LF (!/2) OF S/-.'E SOUTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) .OF SECTION !~, TOWNSHIP 49 SOU/qq, R3tNGE 26 EAST, COLLIER COUAVIY, FLORIDA; CONT~_N'r,'r_N=~ i, 650 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. TOM P.S.M. ~5426 STATE OF FLORIDA (941) 947-1144 FAX (941) 947-0375 E-Mail: engineering~gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners Q. GRADY MINOR, P.E. MARK W. MINOR, P.=-- '" DEAN SMITH, P.E. .VID W. 5CHMrrT, P.E. ~ICHAh-L J. Dh-LATE, P.~ A PORTION OF': I~IN: 000000028'65.60005 STRAP: 492618 013.0014B18 D. WAYNE ARNOLD, A.I.C..P. ROBERT W. THINNES, A.I.CP. ERIC V. SANE)OVAL P.S.M. THOMAS CHERNESK'Y, PS.M. ALAN V. ROSEMAN ' PROOECT PARCEL FOLIO/[T) FEE SIMPLE INTEREST LEGAL DESCRIPTION WHIPPOORWILL LARE (SKETCH B-1807) THE EAST 40 FEET OF ~ NORTIq bL~_LF (1/2) OF THE NORTH F. ALF (!/2) OF THE NORT'~{ HALF (1/2) OF T~iE SOUTH. EAST QUARTER (1/4) OF THE NORT}iW-EST QUARTER (!/4) AND TEE -_EAST 40 FEET OF THE SOUTi.~ 60 FEET OF THE EAST :~_~.LF (!/2) OF %/q-.ii NORTHEAST QUARTER (1/4) OF NORT}:-WEST QUILRTER (1/4) , ALL OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 9,002 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED TOM...~..RA~ P.S.M. #5426 STATE OF FLORIDA F: SURVEY\ WW. ~ (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rev · Bonita Sorin~s Flnri,'t~ Q. GRADY MINOR. P.E. MARK W. MINOR, P.E. -C. DEAN SMITH, P.~ AVID W..~-I-IMITT, P.E. ,vlICHAEL J. DEI.ATE. P.;' Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners IN. COLLiER COUNTY., A PORTION OF: PIN: 00000.00286560005 STRA~: 49~618 013.0014B18 D. WAYNE ARNOLD, A.I.C_p. ROBERT W. THINNES, A.I.C P. ERIC V. SANDOVAI., }' THOMA_~ CHERNESlOL } ALAN V. ROSEA{A/~. PROJECT PARCEL FOLIO LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT WltIPPOORWILL LANE (SKETCH B-1807-A) TH.E WEST !0 FEET OF THE =.EAST 50 FEET OF THE_ NORTH i-iA~F (1/2) OF THE NORTH i~.A~F (1/2) OF ~KE NORTH HALF (1/2) OF TEE SOUTHEAST QU~TER (1/4) OF Z~.iE NORTHWEST QUARTER (1/4) AND THE WEST 10 FEET OF TF~ EAST 50 FEET OF THE SOUTH 60 FEET OF TAT mAST Z-iALF (1/2) OF ~ NORTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4), ALL OF SECTION 18, TOWNSHIP 49 SOUTZ~, RANGE 26 EAST, COLLIER COUNTY_, FLORIDA; CONTAINING 2,250 SQUARE FEET, MORE OR LESS. Q. G~ADY MINOR & ASSOCIATES, P.A. TOM · P.S.M. #5426 STATE OF FLORIDA FZ]. i i ;__~? (941) 947-1144 FAX (941) 947-0375 E-Mail: engineering~gradymmor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMFI'r, P.E. ,4ICHAEL I. D~t.ATE. p.E. D. WAYNE ARNOLD, A.I.C.? ROBERT W. THINNES, A. LC.P ERIC V. SANDOVA[,, P-~.M. THOMAS CHk-TtNE~ICy, P.S.M. AL.AN V. ROS"~AN IN COLLIE~. COUNTY., A PORTION OF: PIN: 0000000287560004 STRA.~: 492618 034.0004818 PROJECT PARCEL_ FOLIO Y3o '7 SG, FEE SIMPLE INTEREST LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B-1807) THE EAST 40 FEET OF THE EAST HALF (1/2) OF Tb~ EAST HALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF TILE NORTHWEST QUARTER (1/4} OF SECTION 18, TOWNSHIP 49 SOUTH, R3tNGE 26 EAST, COLLIERCOUNTY, FLORIDA; LESS THE SOUTH 60 FEET PER OFFiCiAL RECORDS BOOK 1559, PAGE 14 AND LESS THE NORTH 150' FOR THE PINE RIDGE ROAD RiGHT-OF- WAY, AND LESS THAT PORTION OF THE EAST 40 FEET AS DESCRIBED IN THAT CERTAIN ORDER OF TAKING PER OFFICIAL RECORD BOOK 2660 AT PAGES 3375 TFLROUGH 3383, CONTAINING 27,614 SQUARE FEET, MORE OR LESS. Q. GRg~DY MINOR & ASSOCIATES, P.A. , P.S.M. #5426 STATE OF FLORIDA (941) 947-1144 · FAX (941) 947-0375 · E-Maih engineering~gradyminor.com 3800 Via Del Rev · Bonita Springs, Florida 34134 Q. GRADY MINOR, P.E. MARK W. MINOR. P.E. C. DEAN SMITH, P.E. DAVID W. ~CHMI'I'T, P.E. .,41CHAEL J. DET_A'FE. P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil En~...L,~n~_d_~Surveyors Planners IN COLLIER COUNTY, A PORTION OF: PIN: 0000000287560004 STRA~: 492618 034.0004B18 D. WAYNE ARNOLD, A.I.C.p. ROBERT W. THINNES, A.I.C.p. ERIC V. SANDOVAL, p.c. , , THOMAS ~IcY, p ALAN V. R~, _, PROJE CT _F ~ (¥) ~ ~_L PARCEL FA[ I F0L I 0 -Y')()~%q SC~y ~ LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B-1807-A) THE WEST 10 FEET OF THE EAST 50 FEET OF THE EAST HALF (1/2) OF THE =-3~ST HALF (1/2) OF THE NOR%5~AST QUARTER (1/4) OF THE NORthWEST QUARTER (!/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; LESS T~ SOUTH 60 FEET PER OFFICIAL RECORDS BOOK 1559, PAGE 14 AND LESS THE NORTH 150' FOR THE PI~ RIDGE ROAD RIGHT-OF-WAY, AND LESS THAT PORTION OF TEE EJ~ST 40 FEET AS DESCRIBED iN THAT CERTAIN ORDER OF TAKING PER OFFICIAL RECORD BOOK 2660 AT PAGES 3375 ~OUGH 3383, CONTAINING 10,343 SQUARE FEET, MOPE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. TOM Ci.~__-RNESKY ~ , P.S.M. #5426 STATE. OF FLORIDA (941) 947-1144 FAX (941) 947-0375 E-Mail: engineering~gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR, P.E. MARK W. MINOR, P.~ ~.. C.. DEAN SMITH, P.E. ~AVID W. ~HNilTT, P.~ MICHAEL J. DELATE, P.~ Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors - Planners A PORTION OF: PIN: 0000000287280009 ILSTRA~: 492618 028.0004B18 D. WAYNE ARNOLD, A.I.C_P ROBERT W. THINNE5, A.I.C.p ERIC V. SANDOVAL, PS.M. THOMAS ~K'Y, P-~.M ALAN V. RO$"EMAN PROOECT {~ 0~0 5 ~ PARCEL ll ~ FEE SIMPLE INTEREST LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B-!807) THE WEST 40 FEET OF THE SOUTH b~F (1/2) OF THE NORT.H%~EST QUARTER (1/4) OF ~-~_ NORTHF.~AST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTK, RANGE 26 -.EAST, COLLIER COU1TI'Y., FLORIDA; CONTAINING 26 419 SQUARE FEET, MORE OR LESS. ' Q. GR.~DY MINOR & ASSOCIATES, P.A. TOM CI--':.R/TESKY ~ P.S.M. #5426 STATE OF FLORIDA (941) 947-1144 · F.A~X (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs, Florida 34134 Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. _C. DEAN SMITH, P.E. ~VID W. SCHM1TT, P.E. ,alCPL~EL J. DELA'I"E. P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners xH3Brr JJIN: COLLIER COUNTY., J A. PORTION OF: . JPIN: 0000000287280009 jl STRAI~: 492618 028.0004B18 D. WAYNE ARNOLD, A.I.CP. ROBI~'T W. 'iQ"I/NNF,5, A.I.C.P. ERIC V. SANDOVAL p~ ,, THOMAS ~k'Y, P ALAN V. ROS'E~, ~ PROJECT ( PARCEL FOLIO LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B-1807-A) THE EAST 10 FEET OF THE WEST 50 FEET OF THE SOUTI~ bLn~F (1/2) OF THE NORTH'WEST QUARTER (1/4) OF THE NORTH'~T QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST,. COLLIER COUNTY, FLORIDA; CONTAINING 6,600 SQUARE FEET, MORE OR LESS. Mi oR SOCIA S, S I S Z) TOM .C}{E._RNESKY n S.M. #5426 STATE- OF FLORIDA 7L...~ .... (941) 947-1144 FAX (941) 947-0375 E-Mail: engineering~gradyminor'~co~n 3800 Via Del Rey Bonito Springs, Florida 34134 Q. GRADY MINOR, P.E. MARK W. MINOR. P.E. ~.~ DEAN SMITH. P.E. ~qD w. ,~V, HMITT, P.E. ,ICHAEL J. DEI.AT'E, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors ' Planners D. WAYNE ARNOLD, A. LC.P. ROBERT W. THINN'E~, A.I.C.P. ERIC V. SANE)OVAL. P.S.M. THOMAS CHERNESK~, P~.M. ALAN V. ROb'EIvEAN II ~ ~o~?zo~' or: [[ PIN': 0000000287000001 JLSTRA~: 492618 022.0004B18 Perpetual, Non-Exclusive Road Right-of-Way, Drainage, Utility and Maint. Easement LEGAL DESCRIPTION WHIPPOORWILL (SKETCH B-!807) PRO,,1ECT ..... PARCEL FOLIO ~),~F~q ooz)oO I THE WEST 40 FEET OF THE SOUTHWEST QUARTER (1/4) OF THE NORthEAST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, .RANGE 26 EAST, COLLIER COUN?f., FLORIDA; CONTAINING 52 816 SQUARE FEET MORE OR LESS. ' , Q. GRADY MINOR & ASSOCIATES, P.A.  ' , P.S.M. #5426 TOM C.'.~RNESKY STATE OF FLORIDA (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rev · Bonita Springs. Florida 34134 Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. · --C- DEAN SMITI'L 'AVID W. ~-HM~, P.E. ~vlIC/-IAEt J. DELATE, P.~ Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners I iN COLLIER COUNTY, A. PORTION OF: ~IN:0000000287000001 . STRAlm: 492618 022.0004B18 D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, A.I.C,p. ERIC V. SANDOVAL THOMAS CHERNESKT, F ALAN V. ROSEA4,~ PROJECT PARCEL__ ~ {~ , FOLIO m~'~b LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B-1807-A) THE EAST !0 FEET OF T~ W'EST 50 FEET OF THE.- SOUT!-..'WEST QUARTER (1/4) OF Tb~ NOR~-'-.EAST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, R~GE 2~ EAST, COLLIER COUNTY, FLORIDA; CONTAiNiNG 13,200 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. P.S.M. ~5426 STATE OF FLORIDA (941) 947-1144 FAX (941) 947-0375 E-Maih engineermg~grad.vminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners Q. CRADY MINOR, P.E. MARK W. MINOR. P.E. _aC- DEAN SMITH, P.E. )AVID W. $CHMrI'T, P.E. .vIICHAE-L J. DELA~ P.E. I" 'IN' COLLIER COUNTY, A' 'PORTION' OF: . PIN': 00:00:00:02 87 I20004 . STT[AP.: · 4'92618 025. 0004B18 Perpetual, Non-Exclusive Road Right-of-Way, Drainage, Utility and Maint. Easement LEGAL DESCRIPTION WHIPPOORWILL (SKETCH B-1807) D. WAYNE ARNOLD, A.I.C.P. ROBERT W. T'HINNF.5, A.I.C.P. ERIC V. SANDOVAL. PS.M. ALAN V. R~AN, PROOECT (,,cr'~4J.. _ PARCEL FOLIO ~'Y~),.~3"/ T!=~ WEST 40 FEET OF T~E NORTHWEST QUARTER (1/4) QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) TOWNSHIP 49 SOLTT'~, RANGE 26 -.EAST, COLLIER COITTAINING 26,408 SQUARE FEET, MORE OR'LESS. Q. G~DY MINOR & ASSOCIATES, P.A. TOM P.S.M. #5426 STATE OF FLORIDA OF ~ NORTHWEST OF SECTION 18, COUITTY, FLORIDA; (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rev · Bonita Springs, Florida 34134 Q. GRADY MINOR. P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E.. '-"~AVID W. 5CHMITT, P.E. .ICrtAEL J. DELATE. P.E. ~.,I(.ADY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners IIIN COLLIER~ COUNTY, A PORTION: OF:: "· PIN:00000002871'~0004 STRA~P: 492'61B 025.0004B18 D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNE5, A.LC.P. ERIC V. SANE)OVAL PS.M THOMAS CHERNESK'y, PZ ALAN V. ROSEM,. PROJECT (o('L)5 ~, PARCEL_ ~a lq ~. FOL IO Oc~ _~ _S~ 12~(5D~ LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LA/TE (SKETCH B-1807-A) ~.HE EAST 10 FEET 0F Tb~ WEST 50 FEET OF Tb~ NOR~'WE_ST QUARTER (!/4) OF THE NORTHWEST QUARTER (1/4) OF THE SOUT'HEAST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RgUNGE. 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 6,600 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. TOM ~-.'ERNESKY.'V~ , P.S.M. #5426 STATE OF FLORIDA T' :.'~:~ 'g'~Y\WW. L,i.S (941) 947-1144 FAX (941) 947-0375 E-Mail: engineermg~gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners Q. GRADY MINOR. P.E. MARK W. MINOR. P.E. -"'OEAN SMITH, P.E. ,'lid W. 5C. HMITT, P.E. ~aCHAEL I. DE'LATE. ~ A:: 'PORTION:' OF: ]J PI~:.0000000286120005 !! STRA~: '492618 005~.0004B18' Perpetual, Non-Exclusive Road Right-of-Way, Drainage, Utility and Maint Easement LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B-t807) D. WAYNE ARNOLD, A,I.C_P. ROBERT W. THINNES, A.I.C_P. ERIC V. SANDOVAL, P.S.M. THOMAS CHERNESK'y, ALAN V. ROS~viAN. PROdECT PARCEL FOLIO (3~2 ~,, THE WEST 40 FEET OF THE_ NORTH FiALF (1/2) OF THE SOUTH ~F (1/2) OF THE NORTHWEST QUARTER (1/4) OF THE SOUT!~.~T QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY., FLORIDA; CONTAINING 13,204 SQUARE FEET,' MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. s ! GNED TOM P.S.M. #5426 STATE OF FLORIDA (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol. com 3800 Via Del Rey · Bonita Springs. Florida 34134 Q. GRADY MINOR. P.E. MARK W. MINOR, P.E. - C. DEAN SMFI'H, P.E. )AVID W. SC~MFFT, P.F_ MICHAEL J. DEI.AI'E, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. CivflEng~eers Land Surveyors Planners IN COLLIER COUNTY, PORTION OF: PIN:0000000286120005 .STRAP: 492618 005-0004B18 D. WAYNE ARNOLD, ROBERT W. THINNES, A,' "" ERIC V. SANDOVAL THOMAS CHERNESKy, p,~.~. ALAN V. ROgEM~' PRO,.1ECT PARCEL FO .IO LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B-!807-A) THE EAST !0 FEET OF Tb.-E WEST 50 FEET OF NORTH :-L~_LF (1/2) OF SOUTH i~_ALF (1/2) OF THE NORTi-IW-EST QUARTER (1/4) OF T~_ SOUTI~EAST QUkRTER (!/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 ~.ST, COLLIER COUNTY, FLORIDA; CONTAINING 3 300 SQUARE FEET, MORE OR LESS. ' Q. GE_n_Dy MINOR & ASSOCIATES, P.A. P.S.M. #5426 STATE OF FLORIDA (941) 947-1144 FAX (941) 947-037~ E-Marl: engineermg~)gradyminor.com B$00 Via De[ Rey Bonit~ Springs, Flond.~ 34134 Q. GRADY MINOR, P.E. MARK IN. MINOR. P.E. ~ DEAN SMITH, P.E. VID IN. 5CHMITT, P.E. .,CHAEL J. DELATE. P.E Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners Ai::'PORTION: :. OF': ' !::' ~IN: 0'0 0000:02:8804 00'02 ~:'STRA~'~: 49~615' 046. 0004B18 D. WAYNE ARNOLD, A.I.C.P. ROBERT W. TH/NNF,5, AJ.C.P. EPJC V. SANDOVAL P.S.M. THOMAS ~, ALAN V. ROS~A~, PROOECT J_. CY)~ ~ I PARCEL FOLIO y"K> 2T<q:q o~~] FEE SIMPLE INTEREST LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B-1807) THE W'EST 40 FEET 0F THE SOUTH HALF (1/2) OF THE SOUTH HALF (1/2) OF Tb.~ NORTb..-WEST QUARTER (1/4) OF THE SOUTH~ST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EJ~ST, COLLIER COUNTY., FLORIDA; CONTAINING 13,204 SQUARE FEET,' MORE OR LESS. , P.S.M. #5426 STATE OF FLORIDA (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs. Florida 34134 Q. GRAIDY MINOR. ?.~ MARK W. MINOR. P.E. C. DEAN $MITI-L "}AVID W..~iHlvllTr, .,tlCHAEL J. DELATE. ?.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners A' PORT'r0N. OF: · · PIN: 00:0000~028 $ 040002 STRAP': 4~2:6:18 ' 046:. 0004n18 D. WAYNE ARNOLD, A. LC.P. ROBERT W. THTNN~S, A.L"' ERIC V. SANDOVAL, THOMAS CHERNESK'y, ALAN V. R(i~'EZdAN ' PROOECT PARCEL. FOLIO O0 LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT W~iIPPOORWTLL LANE (SKETCH B-lS07-A) THE.-_ EAST 10 FEET OF THE WEST 50 FEET OF THE SOUTH '~L~_LF (1/2) OF THE SOU'rlq HA_LF (1/2) OF THE NORTRVWEST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 18, TOWNS}liP' 49 SOUTH, RANGE 26 F~AST, COLLIER COUNTY, FLORIDA; CONTAINING 3,300 SQUARE FEET, 'MORE OR LESS. Q. GR3tDY MINOR & ASSOCIATES, P.A. P.S.M. #5426 STATE OF FLORIDA £: SURV~'Y\WW. ~ (941) 947-1144 FAX (941) 947-0375 E-lvlail: engineermg~)gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. CRADY MINOR, P.E. MARK Wo MINOR. P.E. ~ DEAN sMrrH, P.E. ~,VID W. SCHMITT, P.E. JCHAEL J. DELAI~ p.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · ?la.aners [J.':!A.i PORT'ro~ OF: ' " ]Ji}"~ZN:.0'000-000285 L6000"Z ,: [~'STRJ~: 4~2618 '0'0~.0004g18 Perpetual, Non-Exclusive Road Right-of-Way, Drainage, Utility and Maint Easement LEGAL DESCRIPTION WHIPPOORWILL (SKETCH B-1807) 117 D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, A.I.C.P. ERIC V. SANDOVAL P.S.M. THOMAS CHERNESKy, P$.M. ALAN V. RO~EMAN PEOaECT {~, PARCEL FOLZO _0¢),-9,~ 1~o OCE~ THE WEST 40 FEET OF ~ NORTH F-ALF (1/2) OF THE SO--ST QUARTER (1/4) OF T~ SO~T QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTh{, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 26 408 SQUARE FEET, MORE OR LESS. ' · Q. GRADY MINOR & ASSOCIATES, P.A. , P.S.M. #5426 STATE OF FLORIDA (941) 94%1144 · FAX (941) 94%0375 · E-Mail: QGMA@aol.com 3800 Via Del Rev · Bonita Springs. Florida 34134 Q. GRADY MINOR, MARK W. MINOR, C_ DEAN b-MFr~ P.E. _ DAVID W. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners A PORT~ON" OF: ' Pi~: 00 ~00:00286.16000'Z : S. TRA~: '492618 006[0004B18 D. WAYNE ARNOLD, A.I.C.p. ROBERT W. THINNES, A.I.C EI~C V. SANEX~VAL THOMAS CI"IEI:~Xl~ K'y, ALAN V. ROSEN~' PROOECT_ PARCEL FOLIO LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B-!807-A) THE EAST 10 FEET OF THE WEST 50 FEET OF T}~- NORTH b~F (1/2) OF TI~ SOUTHWEST QUARTER (1/4) OF THE SOUTH~T QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTbi, RANGE 26 EAST,. COLLIER COUNTY, FLORIDA; CONTAiNiNG 6,600 SQUARE FEET, MORE OR LESS. Q. ASSOCZA S, ST~T'E OF FLORIDA (941) 947-1144 FAX (941) 947-0375 E-Maih engineermg~gradyminor.com 3800 Via De[ Rey Bonita Springs, Florida 34134 Q. GRADY MINOR. P.F- MARK W. MINOR. P.F. C_ DEAN SMITH. P. F_ .... ~VlD W. $CHMITT. P.E iCHAEL I. DEI. ATE, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land $?eyors · Planners ]~::A:;PORTION.' OF: LO~.::.!I,. '(PLAT' BOOK 14, PAGES D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, A.I.C_p. ERIC V. SANDOVAL PS.M. THOMAS CR-IIRU, iESE'y, ALAN V. RC~"EMAN PARCEL FOLIO d~ ~/'v'~, FEE SIMPLE INTEREST LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B-!807) THE WEST 10 FEET OF LOT ! AS SHOWN ON THE PLAT OF NAPLES PLAZA PLANNED UNiT DEVELOPMENT, AS RECORDED IN PLAT BOOK 14 AT PAGES 44 A/TD 45 OFT HE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA; CONTAINING 2,250 SQUARE FEET, MORE OR LESS. ' Q. MI OR SOCIATES, P.A. TOM -...RAFE S KY ~ , P.S.M. #5426 STATE OF FLORIDA (°Al) 947-1144 - FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs, Florida 34134 Q. GRADY MINOR. P.E. MARK W. MINOR. P.E. c. DEAN SMITH, P.E. --~AVID W. ,SCHMITT, P.E. flCHAEL J. DEl_ATE. P.E. Q. GRADY MINOR & ASSOCIATES, P.A. CAvil Engineers Land Surveyors Planners PORTION: OF:: D. WAYIWE ARNOLD, A. LC.P. ROI~EKT W. 'rHINN~, A.I.C P. EI~C v. SANE)OVAL p THOMAS C2-tERNESK"y, p_ ALAN V. ROb~AN ' PROJECT PARCEL FOLIO ~.~'Y')D (Jr')~J ! LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE'SLOPE'EASEMENT WHIPPOORWILL LANE {SKETCH B-!807-A) THE EAST 10 FEET OF THE WEST 20 FEET OF'LOT 1 AS SHOWN ON Tk~ PLAT OF NAPLES PLAZA PLANNED UNIT DEVELOPM~_/~T, AS RECORDED iN PLAT BOOK 14 AT PAGES 44 AND 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 2,250 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. · ~- , P.S.M. #5426 TOM CHERNESKII~ STATE OF FLORIDA (941) 947-1144 FAX (941) 947-0375 E-Mail: engineeringi~gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Platmers Q. GRADY MINOR. P.E. MARK W. MINOR, P.E ~VlD w. SCH.MrI'r, P.F_ ,ICHAEL J. DELATE, P.E. D. WAYNE ARNOLD, A. LC.P. ROBERt W. THINNE~, A.I.Cp. EPIC V. SANDOVAL THOMAS CI-IlmNESKy, P-S.M. ALAN V. PRO,3ECT PARCEL FOLIO ~ FEE SIMPLE INTEREST LEGAL DESCRIPTION WHIPPOORWILL LA/TE (SKETCH B-1807) ~ WEST 10 FEET OF TRACT "A" AS SHOW-N ON TEE PLAT OF NA-DLES PLAZA PLANNED UNIT DEVELOPMENT, AS RECORDED iN PLAT BOOK 14 AT PAGES 44 AND 45 OF THE PUBLIC P. ECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 500 SQ~ FEET, MOPE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. TOM ~{E-RNE S KY_ , P.S.M. #5426 STATE OF FLORIDA (941) 947-1144 · FAX (941) 947-0375 · E-Ma~ QGMA@aoLcom 3800 Via Del Rey · Bomta Springs, Florida 34134 Q. GRADY MINOR, lviARK W. MINOR, P.E. _ c. DEAN SMITi-L P.E. ')AVID W. SCHIvilTT, P.F_ ~ICHAEL J. DEI, ATE. P.F_ Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners ~ TI~.AC':.". A: {'trLA:T BooIc z4, "PKb-gg=< 4 4'2'4S).. . D. WAYNE ARNOLD, A-LCP. ROBERT W. ERIC V. SAN:OVAL THO~L~S ALAN V. ROSEMAN PARCEL _ FOLIO 5EoFi)r~ ~ LEGAL DESCRIPTION PERPETUAL, NON--~K~LD$~VE. SAOPE. EASEMENT WHIPPOORWILL LA1TE (SKETCH B-1807-A) THE EAST 10 FEET OF ~ WEST 20 FEET OF TRACT "A" AS SHOWN ON T~ PLAT OF NAPLES PLAZA PLANNED UNIT DEVELOPMENT, AS RECORDED iN PLAT BOOK 14 AT PAGES 44 AND 45 OF Tt:~ PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 500 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. P.S.M. #5426 STATE OF FLORIDA (941) 947-1144 FAX (941) 947-0375 E-Mail- engineeringOgradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR & ASSOCIATES, P.A~ Civil Engineers · Land Surveyors · Planners (2. CiRADY MINOR. P.E. MARK IN. MINOR. P.E. -~c-.~ DEAN SMITH. P.E. VID W. SCHMrIT. P.E. CE-LA.EL J. DEI.ATE, P.E. EIH Bn ,, D. WAYI',rE ARNOLD, A.I.C.P. RO[RE~I' W. THINNI~, A.I.C.P. EI~¢ V. SANDOV^I, P.S.M. THOMAS C::HERNI~, ALAN V. ROSElv[AN ' PRO4ECT [a F'Y')6L.L PARCEL ) ~) FEE SIMPLE INTEREST LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B-1807) THE WEST ~0 FEET OF TRACT "1" AS SHOWN ON THE PLAT OF NA_DLES PLAZA PLANNED UNIT DE"VELOPMENT, AS RECORDED IN PLAT BOOK 14 AT PAGES 44 AND 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 2,352 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. TOM , P.S.M. #5426 STATE OF FLORIDA (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey · Bonila Springs, Florida 54134 Q. GRADY MINOR. P.E. MARK W. MINOR. P.F_ c. DEAN SMTri-L P.F_ ',AVID W. SC/-.IMFrT, P.E. ,IICHAEI. J. DEI.ATE. P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners D. WAYNE ARNOLD, A.LC.P. ROBERT W. THINNE~ A.LC.P. ERIC V. SANDOVAL, p.e. · THOMAS CHERNESK'Y, p ALAN V. RO~ENi.~ , PROJECT ~ PARCEL m . ! ~ ~ LEGAL DESCRIPTION PERPETUAL~_NON-EXCLUSIVE_$LOPE EASEMENT .. _ - WHIPPOORW£~ LANE (SKETCH B-1807-A) THE EAST 10 FEET OF THE WEST 20 FEET OF TRACT "1" AS SHOWN ON THE PLAT OF NAPLES PLAZA PLANNED UNIT DEVELOPMENT, AS RECORDED IN PLAT BOOK 14 AT PAGES 44 AND 45 OF THE PUBLIC'RECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 2,352 SQUARE FEET, MORE OR LESS. F: SURVEY\~. 'LLS (941) 947-1144 FAX (94!) 947-0375 E-Mail: engineering~)gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 RESOLUTION NO. 2000 - 41 4 A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT OR PURCHASE OF FEE SIMPLE TITLE INTERESTS AND/OR PERPETUAL, NON- EXCLUSIVE ROAD RIGHT-OF-WAY, SIDEWALK, UTILITY, DR.~INAGE, SLOPE AND MAINTENANCE INTERESTS BY EASEMENT FOR THE CONSTRUCTION OF ROADWAY IMPROVEMENTS FOR WHIPPOORWILL LANE PROJECT BETWEEN PINE RIDGE ROAD TO A POINT ONE MILE SoLrrH, BEING THE INTERSECTION OF THE FUTURE EAST/WEST CONNECTOR ROAD CONNECTING TO LIVINGSTON ROAD (PHASE I). WHEREAS, on January 11,2000, Item 8(a)(3). the Board of County Commissioners (Board), approved a proposal to prepare regulations to insure that properties in North Naples (Sections 18 and 19, Township 49 South, Range 26 East) be developed in a coordinated manner with regard to public roads, storm drainage, water and sewer utilities; and WHEREAS, preliminary staff analysis indicates that an additional five hundred (500) dwelling units utilizing Whippoorwill Lane for access will cause significant operational difficulties at the future signalized intersections with Pine Ridge Road; and ~,,rHEREAS, Whippoorwill Lane is needed as a public road and this public mad will provide a valid public benefit; and WHEREAS, on March 14, 2000, Item 12C0)(3) and 12(b)(4), the Board of County Commissioners were petitioned by Developers within the Whippoorwill Lane area to approve thc required infrastracmre for the construction of Whippoorwill Lane and staffwas directed by thc Board of County Commissioners to pursue the inclusion of the Whippoorwill Lane Project into the Capital Improvement Element of the Growth Management Plan, initiate the acquisition of the required land int~'ests, and to expedite the advancement of construction of Whippoorwill Lane; and WHEREAS, alternate locations, environmental factors, long range plarming, cost variables, concurrence, safety and welfare consideratious have been reviewed as they relate to thc implementation of ~fid lransportation improvements; and it has been recommended by County Staff that it is necessary and in the be~t interest of Collier County, Florida, to maintain flexibility over the acquisition of property fights required for the construction of the Whippoorwill Lane Project between Pine Ridge Road to a point one mile south being the intersection of the future east/west connector road connecting to Livingston Road (Phase I), hereinafter referred to as "Project" as identified on Exhibit "A" attached hereto and incorporated herein by reference; and WHEREAS, the design and construction of said transportation improvements and related facilities have been determined by thc Board to be necessary and in the best interest of Collier County; and WHEREAS, the construction of the transportation improvements and related facilities contemplated by the Project are necessar3~ in order to protect the health, safety and welfare of the citizens of Collier County, and will assist Collier County in meeting certain concurrency requirements of the Growth Management Plan for Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board has considered the environmental factors, safety factors and fiscal considerations relating to the final adopted location of the transportation improvements and related facilities. 2. The fee simple title interests and/or perpetual, non-exclusive road right-of-way, sidewalk, utility, drainage, slope and maintenance interests by easement identified on Exhibit "A" are the most feasible locations, both necessary and consistent with the project requirements, in order to permit the conzn-uction and maintenance of the transportation improvements and related facilities for the Whippoorwill Lane Project between Pine Ridge Road to a point one mile south being the intersection of the future east/west connector road connecting to Livingston Road (Phase I). 3. The Board has determined that the construction and maintenance of the Whippoorwill Lane transportation improvements and related facilities are necessary for a public purpose and is in the best interest of Collier County. 4. The construction and maintenance of the transportation improvements and related facilities are compatible with the long range planning goals and objectives of the Growth Management Plan for Collier County. 5. It is nece..t~try and in the best intm'est of Collier County for the Board to acquire the fee simple lille intm'~ts and/or or perpetual, non-~xclusive road right-of-way, sidewalk, utility, drainage, slope and maintenance interests by easement identified in Exhibit "A'; and County Staffis hm'eby authorized and dir~ted to acquire by gift or purchase the pm'l~tual, non-exclusive, fee simple title interests md/or or pml~tual, non-excl,,,ive ro~l right-of-way, sidewalk, utility, drainage, slope ~nd maintenance interests by eas~nemt on the property identified in Exhibit "A". 6. The Chairman of thc Board is h~reby authorized to execute Appraisal Agreem~n~ with the appraisal firm(s) select, from the list of firms pre-qualified by the Board of Coul~it)/~o~ioners. =- :... 55 -: Thc Board further directs staff to usc appraisal reports or internal compensation estimates as staff determines is necessary to best serve thc needs o£the Project in a timely and cost-effective manner. 7. The Board, in accordance with the provisions o£Section 125.355, Florida Statutes, hereby formally waives thc requirement for a formal, independent appraisal report for thc purchase of a properly where the purchase price of the parcel (the compensation due to thc property owner) is less than One Hundred Thousand and 00/100 Dollars ($ 100,000.00). In lieu of the independent appraisal report, statTis hereby authorized W make purchase offers for the properties, the dollar amounts of which shall be predicated on "siaff compensation estimates" based upon independent appraisals (and the data therefrom) obtained on similar properties and upon consideration and application of appropriate market value and cost data periinent w the subject parcels. 8. Upon thc approval by thc County Attorney's Office of all documents necessary for thc subjcct property acquisition, Real Property Management Department staff is hereby directed to offer immediate delivery to the respective property owners of the full compensation (as established by the appraisal or staff compensation estimates in accordance with the provisions of Section 125.35 $, Florida Statutes), in return for the immediate and proper execution of the respective easements, or deeds and such other legal documents and/or affidavits as the County Attorney's Office deems appropriate in order to protect the interests of the County; and the Board hereby authorizes its present Chairman and any subsequent Chairman, for the life of the Project, to execute an)' instruments which have been approved by the Office of the County Attorney, to remove the lien of any encumbrance and for any such other purpose as may be required for the fee simple title. 9. In those instances where negotiated settlements may be obtained via the "Purchase Agreement" or "Easement Agreement" mechanism, the Dir~tor of the Transportation Engineering and Utilities Department, or his designee, is charged with the responsibility for completion of various capital improvement projects, and is heraby delegated thc authority to approve the pUrChase of land interests above the staff compensation estimate or appraised value and pay normally related costs when it is in the best interest of the Project, within the pro-rata share of the land fights acquisition budget for the parcel being acquired, only when the difference between the purchase price and compensation estimate or appndsed value is less than Twenty-Five Thousand and 00/100 Dollars ($25,000.00) or the current purchasing limits established by the Collier County Purchasing Department; provided, Project funding is available. -page 3- 10. That the settlement approval authori~5, is delegated by the Board to the extent that such approvals do not conflict with the provisions o£Section 125.]55, Florida Statutes. 11. The Chairman o£the Board is hereby authorized to execute Easement Agreements and Pun:hase Agreements where the land owner has agreed to sell the required land rights to thc County at its appraised value or at that amount considered the "Administrative Settlement Amount" as such term is internally used by the adminisu'ative agencies of Collier County. 12. Where ~he property owner agrees, by sworn ~fidavit or agreement ("Purchase Agreement" or "F.~sement Agreement"), to convey a necessary interest in real property to the County, and upon the proper execution by the property owner of those easements or fee simple title, and such other legal doc~nents as the Office of the County AUorney may require, the Board hereby authorizes the Finance Deparm~ent to issue warrants, payable to the property owner(s) of record, in those amounts as shall be specified on a closing statement and which shall be based upon the appraisal or staff compensation estimate in accordance with this Resolution and the provisions o£Section 125.355, Florida Statutes. 13. All title to properties or interests in properties which have been obtained in the manner described above shall be deemed "accepted" by the Board of County Commissioners, as the governing body of Collier County, Florida, a political subdivision of the State of Florida, and as such, staffis hereby authorized to record in the Public Records of Collier County, Florida, said easements or fee simple title and such other instrumems as may be required to remove the lien o£any encumbrance from the acquired properties. 14. This Resolution supercedes Resolution 2000-113 approved by the Board of County Commissioners on May 23, 2000, Item 16(b)(22). THIS RESOLUTION ADOPTED on this I tff:~day of "'~~ 2000, after motion, second and majority vote. BOARD OF COUNTY COMMISSIONERS OF COLL~-R COUNTY, FLORIDA By: ~ James D. ~rte~, Ph.D., CHAIRMAN -~a~e 4- Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners Q. GRADY MINOR. P.E. MARK W. MINOR. P.E. - C. DEAN SMITH. P.E. -~ )AVID W. SCHMITT, P.E. {ICHAEL J. DELATE, P.E. D. WAYNE ARNOLD, A.I.C.P. ROBEITr W. THINNES, A.I.C.p. ERIC V. 5ANDOVAL, THOMAS CHERNES1CY, PS.M. ALAN V. ROSEMAN i' IN COLLIER COUNTY, A PORTION OF: PIN: 0000000286800008 STRAP: 492618 017.0004B18 Perpetual, Non-Exclusive Road Right-of-Way, Drainage, Utility and Maint. Easement LEGAL DESCRIPTION WHIPPOORWILL (SKETCH B-1807) THE EAST 40 FEET OF THE NORTH ~.ALF (!/2) OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, R_~.NGE 26 mAST, COLLIER COUNTY, FLORIDA; CONTAINING 26 408 SQUARE FEET, MORE OR LESS. ' Q. GRADY MINOR & -ASSOCIATES, P.A. 7Zf% , ?.s.M. TOM CHERNESKY/ STATE OF FLORIDA F; SURV~Y\WW. '.J..S (941) 947-1144 · F.~((941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs, Florida 34134 Q. GRADY MINOR, P.~ MARK W. MINOR, P.E. · - EAN SMITH, P.E. · ID W. SCHMITT, P.E. ~ICHAEL J. DELATE, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Eng/neers Land Surveyors Planners F_XH E T R- IN COLLIER COUNTY, A PORTION OF: PIN: 0000000286800008 STP. AP: 492618 017.0004B18 D. WAYNE ARNOLD, A.I.C_P. ROBERT W. T'z-ilNNF~, A.I.C.P. ERIC V. SANDOVAL, P~.M. THOMAS C'I-~RNESICY, P.S.M ALAN V. ROS'EMAIN PROJECT PARCEL .,, FOLIO LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B-1807-A) THE WEST 10 FEET OF THE EAST 50 FEET OF T.~iE NORTH HALF (1/2) OF T~ SOUTHEAST QUARTER (1/4) OF ~E SOLTEHTWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOU?H, .fLANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAiNiNG 6,600 SQUARE FEET, MORE OR LEss. Q. GRAVY MINOR & ASSOCIATES, P.A. TOM P.S.M. #5426 STATE OF FLORIDA F: SURVEY\WW. LLS (941) 947-1144 FAX (941) 947-0375 E-Mail: eng/neering/~gradyminor.com 3800 Via De[ Rey Bonita Springs, Florida 34134 IO Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. --,.c'. DEAN SMITH, P.E. kVID W. SCHMITT, P.E. .~IICHAEL J. DE"LATE, P.E. D. WAYNE ARNOLD, A.I.C,P. ROBERT W. THINNES, A.I.C.P. ERIC V. SANDOVAL, PS.M. THOMAS ~-I~P~NESK'Y, P.S.M. ALAN V, R~AN, IN COLLIER COUNTY., A PORTION OF; PIN; 0000000286960003 STR~P: 492618 021.0004B18 Perpetual, Non-Exclusive Road Right-of-Way, Drainage, Utility and Maint. Easement PROulECT _. ~~d., PARCEL IO~ FOL I 0 c~A~og(ooao~ LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B-1807) THE EAST 40 FEET OF THE EJLST HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORT!-IEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER OF SECTION !8, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 26,408 SQUARE FEET; MORE OR LESS. Q. G~ADY MINOR & ASSOCIATES, P.A. S IGN'ED .~-/~/-O~ TOM Cq-.iER/FESKY ~ P.S.M. #5426 STATE OF FLORIDA F: SURVEy\ww. LJ.S (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs. Florida 34134 Q. GRADY MINOR. P.E. MARK W. MINOR, C. DEAN SMITH, DAVID W. SCHMI'fT, P.E. MICHAEL J. D~A.T~ p.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners iN COLLIER COUNTY, A PORTION OF: PIN: 0000000286960003 STRAP: 492.618 021.000481 D. WAYN~ ARNOLD, A.i.C_I: ROBERT W. Ti-[INNES, A.I.C.i~ ERIC V. SANDOVAL ALAN V. PRO,3ECT PARCEL (~)~ ~OCIO ~ ~ LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B-!807-A) THE WEST 10 FEET OF THE_ EAST 50 FEET OF ~-IE EAST HALF (1/2) OF THE_ SOUTHEAST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF T~ SOUTHWEST QU~,qTER OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 6 600 SQUARE FEET MORE OR LESS. ' ' Q. GRADY MINOR & ASSOCIATES, P.A. TOM ~RNESK. C P.S.M. #5426 STATE OF FLORIDA (941) 947-1144 FAX (941) 947-0375 E-Maih en~ineering~gradyminor.¢ozn 3800 Via De! Rey Bord~a Sprin§$, F|o~da 34134 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers - Land Surveyors · Planners Q. GILa. DY MINOR. P.E. MARK W. MINOR. P.E. C. DEAN SMITH, P.E. DAVID W. SCHMITT, P.E. MICHAEL J. DELATE, P.E. A PORTION OF: PIN': 0000000286760009 STRAP: 492618 016.0004B18 Perpetual, Non-Exclusive Road Right-of-Way, Drainage, Utility and Maint. Easement LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B-!807) D. WAYNE ARNOLD, A.I.C.p. ROBERT W. THINNF_~, A.I.C.P. ERIC V, SANDOVAL PS.M. THOMAS CHERNE~K'Y, ALAN V. RC~EMAN PROJECT PARCEL FOLIO ~ THE EAST 40 FEET OF ~ NORTH HALF (1/2) OF THE NORTHEJ~ST QUARTER (1/4) OF ~.~E SOUTh-WEST QUARTER (1/4) OF SECTION !$, TOWNSHIP 49 SOUTH, ~NGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 26 408 SQUARE FEET, MORE OR LESS. ' Q. GP~n~y MINOR & ASSOCIATES, P.A. TOM. , P.S.M. #5426 STATE OF FLORIDA F: SURVEY\WW. ~ (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol. com 3800 Via Del Rey · Bonita Springs, Florida 34134 Q. CRADY MINOR, P.E. MARK W. MINOR, P.E, - C. DEAN SMITH, P.E. DAVID W. SCHMITT, MICHAEL J. DELATE. P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners iIN COLLIER COUNTY, A PORTION' OF: PIN: 0000000286760009 STRAP: 492618 016.0004B18 D. WAYNE ARNOLD, A.I.C.p ROBERT W. THINNES, A.! ERIC V. SANDOVAL, ' ALAN V. ROSEM~ PRO,3ECT _ ~©o. mz.j_L. PARCEL_ J FOLIO LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT W1RIPPOORWILL LANE (SKETCH B-1807-A) THE WEST 10 FEET OF THE EAST 50 FEET OF THE NORTH HALF (1/2) OF T~iE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 6,600 SQUARE FEET, MORE OR LESS.. Q. GP. ADY MINOR & ASSOCIATES, P.A. TOM P.S.M. #5426 STATE OF FLORIDA F: SURV'~y\ ~14. nLS (941) 947-1144 FAX (941) 947-0375 E-Mail: engineering~)gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. .r,~C. DEAN SMITH, P.E. ')AVID W. ~CHMITI', .vlICHAEL J. DEI.A'I-E, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · La_nd Surveyors · Plarmers IN COLLIER COUNTY., A'PORTION OF: PIN; 000000028648000% STRAP: 492618 012.0004B18 Perpetual, Non-Exclusive Road Right-of-Way, Drainage, Utility and Maint. Easement LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B-1807) D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNED, A.I.C.P. ERIC V. SANDOVAL. PS.M. THOMAS CPIERNEDKY, P-~.M. AI-AN V. RC)b"EMAN, PROdECT ~ 06x~ c~ PARCEL_ IO5 FOLIO _oO THE EAST 40 FEET OF THE SOUTH HALF (1/2) OF THE SOUTheAST QUARTER (1/4) OF TEE NORTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, ~ANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 26,408 SQUARE FEET, MORE OR LESS. Q. Gm~Y MINOR & ASSOCIATES, P.A. SIGNED ~-/~Y--~Z) TOM CHERN=SKY ~ P.S.M. #5426 STATE OF FLORIDA (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMAOaol.com 3800 Via Del Rey · Bonita Springs, Florida 34134 Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. - C. DEAN SMITH, P.E. DAVID W. SCHM ~ITi', P.E. MICHAEL J. DELATE, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners IN COLLIER COUNTY, A PORTION OF: PIN: 0000000286480004 STRAP: 492618 012.0004B18 D. WAYNE ARNOLD, A. LC.p. ROBERT W. THINNES, Al.r- ERIC V. SANE)OVAL p THOMAS CHERNESK'y, p.,% .... ALAN V. ROb'EMAN PROJECT (~FY)%~_ PARCEL {oOC--~ FOLIO ~O_ r~3 ~q<~,y_~ LEGAL DESCRIPTION PERPETUAL. NON-EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B-1807-A) ~ WEST 10 FEET OF THE EAST 50 FEET OF THE SOUTH H_n~F (!/2) OF THE SOUTH~T QO~TER (1/4) OF THE NORTHWEST QU~TER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, P~ANGE 26 EAST, COLLIER CO5'NTY, FLORIDA; CONTAiNiNG 6,600 SQUARE FEET, MORE OR LESS. Q. GRAVY MINOR & ASSOCIATES, P.A. TOM C~.'ERNESKY , P.S.M. #5426 S.~.:_ OF FLORIDA ~': SURVTY. \WW. LL~ (941) 947-1144 FAX (941) 947-0375 E-Mail: engineering~gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners Q. GRADY MINOR. MARK W. MINOR, P.E. C. DEAN SMITH, DAVID W. SCHMFI'T, P.E. MICHAEL J. DELATE, EXH D. WAYNE ARNOLD, A.I.C_p. ROBERT W. THINNES, A.I.C.p. EI<IC V. SANDOVAL PS.M. THOMAS CHERNESKy, P-~.M. ALAN V. ROb-'nEMA~ IN COlLiER COUNTY, A PORTION' OF: PIN: 000000'0288160102 STRAP: 492618 051.0004B18 PROOECT PARCEL. FOLIO FEE SIMPLE INTEREST LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B-1807) THE EAST 40 FEET OF _77-.'E SOUTH HALF (1/2) OF THE SOUTH HALF (1/2) OF THE NORTH HA_LF (!/2) OF THE SOUTHEAST QUARTER (!/4) OF THE NORTh-WEST QUA. RTER (1/4) OF SECTION !8, TOWNSHIP 49 SOUTH, R_~.NGE 26 EAST; LESS T.~'_AT PARCEL DESCRIBED iN OFFICIAL RECORDS BOOK 2286 AT PAGES 624-626 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 2,400 SQUARE FEET, MORE OR LESS. Q. GPULDY MINOR & ASSOCIATES, P.A. s i GN D TOM .C/'.~ERNESKY [ , P.S.M. #5426 STATE OF FLORIDA (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs, Florida 34134 Q. GR~DY MINOR, P.F_ MARK W. MINOR, P.E. C. DEAN SMITH. DAVID W. SC..HMFFT, P.E~ MICHAEL J. DELATE, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners S L N COLLIER COUNTY, A PORTION OF: :PIN::00000002881601'02 STR3tP: 492618 051.0004B18 D. WAYNE ARNOLD, A.[.C.] ROBERT W. THINNES, A ' ERIC V. SANDOVAL THOMAS C'H'E~ ..... ALAN V. ROSEMA~ PROOECT PARCEL FOLIO LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT W'~IPPOORWILL LANE (SKETCH B-1807-A) THE WEST !0 FEET OF THE EAST 50 FEET OF THE SOUTH HALF (1/2) OF THE SOUTH :4iA..LF (1/2) OF ~ NORTH HALF (1/2) OF THE SOUT ~HEAST QD-ARTER (!/4) OF T.q{ N?3T.~.'~_ST QUARTER (1/4) 'OF SECTION 78' TOWN SOUT!-', RA. NG.~ 2 o EAST- LESe ~ ....... - , St{~_ 4 RECORDS BOOK ~ m ' ~ .~_ ~__~'-/ -~u~C--L DESCRIBED IN ..... - 2280 AT -AGEo oz4-626 OF THE DT]7~?T ........ ' Q. GRADY MINOR & ASSOCIATES, P.A. TOM P.S.M. #5426 STATE OF FLORIDA (941) 947-1144 FAX (941) 947-0375 E-Mail: engineering~)gradymmor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GIC DY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners Q. GRADY MINOR, P.E. MARK w. MINOR, P.E. C. DEAN SMI'I'H, P.E. --"~ DAVID W. $CHMITT, P.E. MICHAEL J. DE1,ATE, P.E. D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, A.I.C.p. ERIC V. SANE)OVAL PS.M. THOMAS CI-fERNESKY, ALAN V. R~AN [.A':'PORTI.ON OF: ~ PIN: 0000000286520003 [ STRA2P: 492615' 013.0004B18 PROOECT P RCEL .. Io'-'1 FOLIO FEE SIMPLE INTEREST LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B-1807) THE EAST 40 FEET OF ~'LAT PARCEL OF LAND LYING IN THE SOU/Iq HALF (1/2) OF THE SOUTH HALF (1/2) OF THE NORTH F. ALF (1/2) OF THE, SOUTHEAST QUARTER (1/4) OF THE NORTFrW~ST QUARTER (i/4) OF SECTION 18, TOWNSHIP 49 SOUT~.i, RANGE 26 EAST; SAID PARCEL BEING MORE PA~TICL-LARLY DESCRIBED iN OFFICIAL RECORDS BOOK 2286 AT PAGES 624- 626 OF T~.:E PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 4,201 SQUARE FEET, MORE OR LESS. Q. GR.ADY MINOR & .ASSOCIATES, P.A. SIGN-ED P.S.M. #5426 STATE OF FLORIDA (941) 947-1144 · FAX (941) 947-0375 · E-lvlail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs, Florida 34134 Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C, DEAN SMITH, P.E. DAVID W. SCHMITT, p.E. MICHAEL J. DELATE, Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners IN COLLIER COUNTY., A PORTION OF: PIN: 0000000286520003 STRAP: 492618 013.0004B18 (mC D. WAYNE ARNOLD, A.I.C.p. ROBERT W. I'H~NNES, A.I.C_?. ERIC V. SANDOV^L, ? ALAN V. ROSEMAN PROOECT PARCEL F0L I 0 LEGAL DESCRIPTION pERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B-!807-A) THE WEST 10 FEET OF THE EAST 50 FEET OF TEAT PARCEL OF LAND LYING iN THE SOUTH bLALF (1/2) OF m=r ~OU~= H_ALF (1/2) OF T~ NOR~ ~LALF (1/2) OF THE SOUTH.-~AST QU~mTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, mz~NOE 26 mAST; SAiD PAmCEL BEING MORE PA_RTiCU'r~ARLy DESCRIBED iN OFFiCIA~ RECORDS BOOK 2286 AT PAGES 624-626 OF ~ PUBLIC RECORDS OF COLLIER COUA~y, FLORIDA; CONTAINING 1,050 SQUARE FEET, MORE OR LESS. TOM CHERNESKY ( , P.S.M. #5426 STATE OF FLORIDA (941) 942-1144 FAX (94~) 947-0375 ~-~afl: en~ine~rin~radyminor.com 3800 Via D~I Re), Bonita Spain§s, Flo~ida 34134 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers - Land Surveyors · Planners Q. GRADY MINOR, P.E_ MARK w. MINOR, P.E. C. DEAN SMITH. P.E. DAVID W. SCI-IA41TT, P.E. MICHAEL J. DELATEo P.E. D. WAYNE ARNOLD, A.I.C.p. ROBERT W. THINNES, A.I.C_P. ERIC V. SANDOVAL PS.M. THOMA~ CHERNESKY, P.S.M. ALAN V. ROSEMAN IN. COLLiER COUNTY., 'A:PORTION OF: .PIN: 0000000286640006 STI~.AP: 492618 013.0034B18 PRO,IECT PARCEL _ I O~S - FEE SIMPLE INTERST LEGAL DESCRIPTION W'HIPPOORWILL LA/TE (SKETCH B-!807) THE FAST 40 FEET OF THE NORTH HALF (1/2) OF THE SOU~ FIALF (i/2) OF THE NORTH b~F (1/2) OF THE SOUTHEAST QUARTER (!/4) OF THE NORTHWEST QUA_RTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, ~GE 26 F-AST, COLLIER COUNTY, FLORIDA; CONTAiNiNG 6 602 SQUARE FEET, MORE OR LESS. ' Q. GR_ADY MINOR & ASSOCIATES, P.A. TOM C/-iERNES~ ( , P.S.M. #5426 STATE OF FLORIDA (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol. com 3800 Via Del Rey · Bonita Springs, Florida 34134 Q. CRADY MINOR. P.E. MARK W. MINOR. P.E. C. DEAN SMI'f'H, P.E. DAVID W. SCHMITI', P.E. MICHAEL J. DE-LATE, P.E. Q. GIL4 DY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Plarmers iIN COLLIER COUNTY, A PORTION OF: PIN: 0000000286640006 STRAP: 492618 0!3.0034B15 D. WAYNE ARNOLD, A.I.C.p ROBERT W. TI-fINN]~, A ERIC V. SANDOVAL. THOMAS CH'ERNESk-y, ALAN V. PROOECT_ tJ_., PARCEL_ FOLIO LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT W}tIPPOORWILL LA/TE (SKETCH B-1807-A) THE W'EST !0 FEET OF ~'.'E E3%ST 50 FEET OF m~E NORTH HALF (1/2) OF THE SOL~/i.~ H 'F (1/2) OF ~.E NORTH ~A_LF (1/2) OF THE SOUT~.~T QUA_RTER (1/4) OF THE NORT~'WEST QUARTER (1/4) 'OF SECTION iS, TOWNSHIP 49 SOUTH, ?~ANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAiNiNG 1,650 SQUARE FEET, MORE OR LESS. ' Q. GRADY MINOR & ASSOCIATES, P.A. · P.S.M. #5426 STATE OF FLORIDA F: SURVEy\ww. ~ (941) 947-1144 FAX (941) 947dT375 E-Mail: engineeringOgradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR, P.E. MARK W. MINOR. P.E. C. DEAN SMITH. P.E. DAVID w. $CHMrTT, P.E. MICHAEL J. DELATE. P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners IN COLLIER COUNTY, A PORTION OF: PIN:0000000286600004 STRAP: 492618 013.0024B18 FEE SIMPLE INTEREST LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B-1807) D. WAYNE ARNOLD, A.I.C.P ROBERT W. THINNEfi, A.I.C.p. ERIC V. SANE)OVAL, PS.M. THOMAS CHERNESICy, P$.M. ALAN V. ROS'EMAN PROJECT PARCEL,. FOLIO ~E F_J~ST 40 FEET OF THE SOUTH HALF (1/2) OF THE NORTH HA.LF (1/2) OF THE NORTH bLUfF (1/2) OF THE SOUTHEAST QU-ARTER (1/4) OF THE NORT~.iWEST QUARTER (1/4) OF SECTION 18,.TOWNSHIP 49 SOUTH, RANGE 26 ~ST, COLLIER COUNTY., FLORIDA; CONTAiNiNG 6 602 SQUARE FEET MORE OR LESS. , , Q. GR_ADY MINOR & ASSOCIATES, P.A. , P.S.M. #5426 STATE OF FLORIDA F: SURVEy\ (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs, Florida 34134 Q. GRADy MINOR. P.E. MARK W. MINOR, P.E. C. DEAN SMITH, DAVID W. SCHMITT, P.E. MICHAEL }'. DELATE, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners II A PORTION OF: II PIN: 0000000286600004 [[STRAP: 492618 013.0024B18 D. WAYNE ARNOLD, A.I.C_! ROBERT W. ERIC V. SANDOVAL, THOMAS CHERNESK-y, . .,~ At. AN V. RCSm~Aj, PROJECT_ PARCEL_ FOLIO LEGAL DESCRIPTI PERPETUAL, NON_EXCLUSivEO~LoPE EASEMENT WHIPPOORWILL LANE (SKETCH B-1807-A) THE WEST 10 FEET OF Ti. gE EAST 50 FEET OF T~:E SOUTH NORTH .~L~_LF (1/2) OF THE NORTH .'~_~LF (!/2) OF THE SOUTHEA_ST QUARTER (1/4) OF T~.iE NORTHWEST QUARTER (1/4) 'OF SECTION 18, TOWNSHIp 49 SOLVI~., RANGE 26 ~--AST, COLLIER COO'NTY, FLORIDA; CONTAINING 1,650 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. P.S.M. #5426 STATE OF FLORIDA (941) 947-1144 FAX (941) 947-0375 E-Mail: engineering~gradyminor.corn 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners Q. GRADY MINOR, MARK W. MINOR, P.E C. DEAN SMITI'L P.E DAVID W. SCHMrI-I', P.E. MICHAEL J. D~LAT~, P.E A PORTION OF: PIN: 00000002865.60005 [LSTRAP: 492618 013.0014B18 D. WAYNI: AiLNOLD, A.|.C.] ROBERT w. tHINNES. A.I.C.] ERIC v. SANDOVAL P.s.t,, THOMAS CHEm~F..Sk"y. ?.S.'~, ALAN V. ROS'~MA~, PROOECT PARCEL _ I FOLIO Er') FEE SIMPLE INTEREST LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B-1807) TEE EAST 40 FEET OF ~:{E NORTH HAlF (1/2) OF THE NORTH H A.LF (1/2) OF THE NORTH HALF (1/2) OF THE SOUTHEJLST QUARTER (!/4) OF THE NORTR~ST QUARTER (1/4) AND THE EAST 40 FEET OF THE SOUTH 60 FEET OF THE -iAST HAlF (1/2) OF THE NORTHEAST QUARTER (1/4) OF ~iE NORTHWEST QUAmTER (1/4), ALL OF SECTION 18, TOWNSHIP 49 SOUTH, ~ANGE 26 EAST, COLLIER COUNTY FLORIDA; CONTAINING 9,002 SQUARE FEET, MORE OR LESS. ' Q. GRADy MINOR & ASSOCIATES, P.A. SIGNED TOM...:.CiqE~S Ky '( P.S.M. #5426 STATE OF FLORIDA SURVEy (941) 947-1144 · FAX (941) 947-0375 · E-Ma/l: QGMA@ao/com 3800 Via Del Rey · Bonita Springs. Florida 34134 Q. GRADY MINOR. P.E. MARK W. MINOR. P.E. C. DEAN SMITH. P.E. DAVID W. SC~-IMITT, p.;_ MICHA~'L J. DELATE, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners IN COLLIER COUNTY.., A PORTION OF: PIN: 00000.00286560005 .STRAP: 49'Z618 0!3.0014B18 D. WAYNE ARNOLD, A.i.C_p. ROBERT W. THINNES, A,' ERIC V. SANEEDVAL, THOMAS CHERNESKy, A/AN V. RC)b~ PROJECT PARCEL _ Co FOLIO LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B-1807-A) THE WEST 10 FEET OF TEE EAST 50 FEET OF THE NORTH FiALF (1/2) OF THE NORTH b~F (1/2) OF THE NORTH ~ALF (1/2) OF T.%~ SOUTHEAST QUARTER (!/4) OF ."~.iE NORTh-WEST QUARTER (1/4) AND T~.iE WEST 10 FEET OF T!-.~ EAST 50 FEET OF THE SO .II!Iq.. 60 FEET OF T!-.~ EAST 143kLF (1/2) OF THE NORTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4), ALL OF SECTION 18, TOWNSHIP 49 SOUTi~, RA/~GE 26 EAST, COLLIER COLINTY, FLORIDA; CONTAINING 2,250 SQUARE FEET, MORE OR LESS. Q. GRA.DY MINOR & ASSOCIATES, P.A. TOM CHERN~S KY-~ , P.S.M. #5426 STATE OF FLORIDA (941) 947-1144 FAX (941) 947-0375 E-Ma~ engineering~gradymmor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · L~nd Surveyors - Planners Q. GRADY MINOR. P.E. MARK W. MINOR, P.F_ C. DEAN SMITH, P.E. DAVID W. $CHMIT'I', P.E. MICHA~ J. DEI.~'I'E, P.E. D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, A.I.C.P. ERIC V. SANDOVAL. PS.M. THOMAS CHERNESK'y, P.S.M. ALAN V. RO~-EMAN IN COLLIER COUNTY, A PORTION OF: PIN: 0000000287560004 S/5~AP: 492618 034.0004B18 PROOECT PARCEL FOLIO Y-Y~;~ 5G C)(~__~ FEE SIMPLE INTEREST LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B-1807) THE EAST 40 FEET OF ~E E~AST HALF (1/2) OF THE ~-3%ST HALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 ~-~AST, COLLIER COUNTY, FLORIDA; LESS THE SOUTH 60 FEET PER OFFICIAL RECORDS BOOK 1559, PAGE 14 AND LESS THE NORTH 150' FOR THE PINE RIDGE ROAD RIGHT-OF- WAY, AND LESS Tb~T PORTION OF ThE EAST 40 FEET AS DESCRIBED IN T~AT CERTAIN ORDER OF TAKING PER OFFICIAL RECORD BOOK 2660 AT PAGES 3375 THROUGH 3383, CONTAINING 27,614 SQUARE FEET, MORE OR LESS. Q. G~Y MINOR & ASSOCIATES, P.A. s i GNED TOM~ P.S.M. #5426 STATE OF FLORIDA F: SURVEy\ww. ~ (941) 947-1144 · FAX (941) 947-0375 · E-Mail: engineering~gradyminor.com 3800 Via Del Rey · Bonita Springs, Florida 34134 Q. GRADY MINOR. P.E. MARK W. MINOR, p.E. C. DEAN SMITH, P.E. DAVID W. SCHMITT, P.E. MICHAEL J. DEI.ATE, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil En~,s, ,_I_I_~_._n_d_Surveyors Planners lin COLLIER COUNTY, A PORTION OF: PIN: 0000000287560004 STRA~: 492618 034.0004818 D. WAYNE ARNOLD, ROBERT W. 'I-HINNES, A.' ' '~. ERIC V. SANE)OVAL THOMAS CHERNESK"y, P-~-M. ^LAN V. PROJECT _FA e¥),~t PARCEL_ F~ I ) LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LA/FE (SKETCH B-1807-A) THE WEST 10 FEET OF THE EAST 50 FEET OF THE EAST HALF (1/2) OF THE EAST i-LALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF THE NORTHWEST QDL~TER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, ~ANGE 26 E~AST, COLLIER COUNTY, FLORIDA; LESS THE SOUTH 60 FEET PER OFFICIAL RECORDS BOOK 1559, PAGE 14 A_ND LESS THE NORTH 150' FOR THE PINE RIDGE ROAD RiGHT-OF-WAY, AND LESS THAT PORTION OF THE EAST 40 FEET AS DESCRIBED IN TEAT CERTAIN ORDER OF TAKING PER OFFICIAL RECORD BOOK 2660 AT PAGES 3375 Tk~OUGH 3383 CONTAINING 10 343 SQUARE FEET, MORE OR LESS. ' , Q. GR3~DY MINOR & ASSOCIATES, P.A. TOM C/~SKY F P.S.M. #5426 STATE OF FLORIDA F: SURVEY\ k'W, ~ (941) 947-1144 FAX (941) 947-0375 E-Mail: engineeringOgradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR. P.E. MARK W. MINOR. P.E. C_ DEAN SMITH, P.E. DAVID W, $CHMITT, P.E. MICHAEL J. DELATE, Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners IN COLLIER COUNTY, A PORTION OF: PIN: 0000000287280009 STRAP: 492618 028.0004B18 (I. D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNE5, A.I.C.P. E/~C V. SANDOVAL, P.S.M. THOMAS (iHERNESIO/, P.S.M. ALAN V. ROSEMAN PROOECT {o no ~ g PARCEL )I ~ FOL IO -r)o~E,~/.~ ~' ~ FEE SIMPLE INTEREST LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B-1807) THE WEST 40 FEET OF TH.E SOUTH F-ALF (1/2) OF THE NORTHWEST QUARTER (1/4) OF ~qE NORTHEAST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, R-~GE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 26 419 SQUARE FEET, MORE OR LESS. ' , Q. G~DY MINOR & ASSOCIATES, P.A. ~~.~-! , P.S.M. #5426 TOM CHERHESKZI ~ STATE OF FLORIDA (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs, Florida 34134 Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. - C_ DEAN SMITH, P.E. ~AVID W. 5CHMIT'r, P.E. MICHAEL J. DE'i_ATE, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners IN COLLIER COUNTY, A PORTION OF: PIN: 0000000287280009 STRAP: 492618 028.0004818 D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, AA.CP. ERIC V. SANDOVA/_ THOMAS CHERNESK'y, p. ALAN V. ROSEMAN. PROJECT PARCEL FOLIO LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B-1807-A) THE EAST !0 FEET OF THE WEST 50 FEET OF THE SOUTH ~ALF (1/2) OF THE NORT~..'W-EST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF SECTION 18, TOWS'SHiP 49 SOUTH, RANGE 26 EAST,. COLLIER COUNTY, FLORIDA; CONTAiNiNG 6,600 SQUARE FEET, MORE OR LESS. Q. G~DY MINOR & ASSOCIATES, P.A. TOM P.S.M. #5426 STATE OF FLORIDA SURVEy\ (941) 947-1144 FAX (941) 947-0375 E-Mail: engineering~gradymmor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR, P.E. MARK W. MINOR. P.E. ""'~. DEAN SMITH, P.E. AVID W. SCHMITT, P.E. MICIdAE1, J. DELATE, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, A.I.C-P. ERIC V. SANDOVAL, PS.M. THOMAS CHERNESICYo P.S.M. ALAN V. RC)SEMAN It ' IN COLLIER COUNTY, A PORTION OF: PIN: 0000000287000001 STRAP: 4926%8 022.0004B18 Perpetual, Non-Exclusive Road Right-of-Way, Drainage, Utility and Maint. Easement LEGAL DESCRIPTION W~tIPPOORWILL LAN~ (SKETCH B-1807) PROJECT ~0~ PARCEL !1 ,~ FOLIO ~>;:z~q OOx')O0 1 TEE WEST 40 FEET OF THE SOUTASqEST QU~TER QUARTER (i/4) OF SECTION 18, TOWNSHIP 49 COLLIER COL~_?Y, FLORIDA; CONTAINING 52,816 LESS. (1/4) OF THE NORTH.'EAST SOUTH, RANGE 26 EAST, SQUARE FEET, MORE OR Q. GRADY MINOR & ASSOCIATES, P.A. ~ , P.S.M. TOM CHER/gE S KY [ STATE ~5426 OF FLORIDA (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via De[ Rey · Bonita Springs, Florida 34134 Q. GRADY MINOR. P.E. MARK W. MINOR, P.E. "- DEAN SMITH, P.F_ .)AVID W. $CHMITT, P.E. MICHAEL J. DEI.ATE, P.E. Q. GR. ADY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners IN COLLIER COUNTY, A. PORTION OF: FIN:00000002.87000001 STRAP: 492618 022.0004B18 D. WAYNE ARNOLD, A.I.C.p. ROBERT W. TI-~NIxFES, A.I.C EPIC V. SANE)OVAL THOMAS CHERNI~K'y, ALAN V. ROSEMAN PROJECT (0 0Q~t-L PARCEL --. (.q I~ FOL IO z'}O~ LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B-!807-A) THE EAST 10 FEET OF THE WEST 50 FEET OF THE SOUThq~EST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, P~GE 2~ -EAST, COLLIER COO~Y, FLORIDA.; CONTAiNiNG 13 200 SQUARE FEET, MORE OR LESS. ' Q. GR.ADY MINOR & ASSOCIATES, P.A. P.S.M. #5426 STATE OF FLORIDA F: SURVEY\WW. (941) 947-1144 FAX (941) 947-0375 E-Marl: engineeringOgradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners Q. GRADY MINOR, P.F_ MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCH4vI~, P.F. MICHAEL J. DEI,ATE, P.E. INL COLLIER- COUNTY, A'POR~ION OF: ~IN:0'000000287120004 STRA/~: 4'92618 025.0004B18 Perpetual, Non-Exclusive Road Right-of-Way, Drainage, Utility and Maint. Easement LEGAL DESCRIPTION WHIPPOORWILL LARE (SKETCH B-1807) D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNE5, A.I.C.P. ERIC V. SANDOVAL, pC;.M' THOMAS ~F,~iOf, pcLM. ALA~ V. R(D~EE~AN' PROOECT PARCEL I/L'J- ' FOLIO THE WEST 40 FEET OF THE NORTHW-EST QUARTER (1/4) QUARTER ( ! / 4 ) OF THE SOUTk'EAST QUARTER ( ! / 4 ) TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER CONTAINING 26,408 SQUARE FEET, MORE OR' LESS. Q. GRA_DY MINOR & ASSOCIATES, P.A. TOM P.S.M. #5426 STATE OF FLORIDA OF THE NORTHWEST OF SECTION 18, COUNTY, FLORIDA; (941) 947-1144 · FAX (941) 94743375 · E-Ma~ QGMA@aol.com 3800 Via Del Rey · Bonita Springs, Florida 34134 Q. GRADY MINOR, P.F_ MARK W. MINOR, P.E. C. DEAN SNll'rH, P.E. DAVID W. MICHAEL J. DEL.ATE. la.F_. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Plarmers IN COLLIER' couNTY, A PORTION OF: PIN:0000000287120004 STRAP: 492618 025.0004B18 D. WAYNE ARNOLD, A.I.C.i ROBERT W. THINNES, A.I.C. ERIC V. SANE)OVAL 'lq-[OM AS CHE~. Al_AN V. RC~ PROJECT PARCEL_ ~ 1~.__,. FOL !0 F'_)c~ LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B-1807-A) THE EAST 10 FEET OF ~iE WEST 50 FEET OF THE NORTh-WEST QUARTER {1/4) OF THE NORTb~iST QUARTER {1/4) OF THE SOLVl~H~ST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOLrEH, R3LNGE 26 E2%ST, COLLIER COUNTY, FLORIDA; CONTAiNiNG 6,600 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. TOM P.S.M. #5426 STATE OF FLORIDA £: $U'RVL'Y\I,m. ~ (941) 947-1144 FAX (941) 947-0375 E-Mail: engineering~gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners Q. GRADY MINOR. P.E. MARK w. MINOR, P.E. C. DEAN SMFI'~, P.E. DAVID w..~iHMITT. P.E. MICHAEl. J. DELAT~, P.E. } A. :PORTION'" OF: [ PIN: 0000000286120005 ~ STRA~: 492618 005.0004B18 Perpetual, Non-Exclusive Road Right-of-Way, Drainage, Utility and Maint. Easement LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B-1807) D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, A.I.C.P. ERIC V. SANDOVAL. P$.M. THOMAS ~K'Y, P-~.M. ALAN V. R~AN PRO~IECT f,~r-~'~%u-. , PARCEL II . FOLIO TH.E WEST 40 FEET OF THE NORTH HALF (1/2) OF THE SOUTH HALF (1/2) OF THE NORTh~ST QUARTER (!/4) OF THE SO~T QUARTER (1/4) OF SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY., FLORIDA; CONTAiNiNG 13,204 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. TOM CHERNESK'Y. F P.S.M. #5426 STATE OF FLORIDA F: SURVEY\~. LLS (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs, Florida 34134 Q. GRADY MINOR. P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. 5CHMITr, P.E. MICHAEL j'. DSLATE, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners IN COLLIER COUNTY, A PORTION OF: PIN:0000000286120005 STRAP: 492618 005.0004R18 D. WAYNE ARNOLD, A.I.C-I ROBERT W. THINNES, A.I.C.I ERIC V. SANDOVAL m ~ ~ THOMAS CHERNESK'Y ALAN V. RCb-'b-..,~ PARCEL ?J I~ FOLIO z'T)D'X (,, !2 F"X'~ LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B-1807-A) THE F~AST 10 FEET OF THE WEST 50 FEET OF NORTH i-LI_LF (1/2) OF THE SOUTH ?_:~_LF (t/2) OF T!-.iE NORTi-TWEST QUARTER (1/4) OF THE SOUTHEJiST QU~_RTER {!/4) OF SECTION !8, TOWNSHIP 49 SOUTiH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 3,300 SQUARE FEET, MORE OR LESS. Q. GR_~_DY MINOR & ASSOCIATES, P.A. TOM Ck~R_NESKY 'wl , P.S.M. #5426 STATE OF FLORIDA F: $[~VEY\~. LL5 (941) 947-1144 FAX (941) 947-0375 E-Mail: engineering~)gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR. P.E. MARK W. MINOR. P.E. C. DEAN SMI'I-l-I, P.E. DAVID W. ScHMrT~, P.E. MICHAEI. J. DELATE. P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · ?lanners I' A/.PORTION 0F: I!' PTN:0000000288040002 ! STR3%P: 492618 046.0004B15 D. WAYNE ARNOLD, A. LC.P. ROBEIK~ W. THINNED, A.I.C.P. ERIC v. SANDOVAL P.S.M. THOMAS CHERNEDICY, P.S.M. ALAN V. ROb'EIyIA~, P~OECT L. f'f2~Cl-, _ PARCEL I I~e~ FOLIO ~)2W-&o~o~ FEE SIMPLE INTEREST LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B-!807) THE WEST 40 FEET OF THE SOUTH HALF (1/2) OF THE SOUTH HALF (1/2) OF THE NORTH~rEST QUARTER (1/4) OF TFIE SOUTHEAST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 E~AST, COLLIER COUNTY., FLORIDA; CONTAINING 13,204 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. s zc-~D >-/f-~ TOM c~m~ac~_SKY ~' , P.S.M. #5426 STATE OF FLORIDA F: SURVEY\WW. LLS (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs, Florida 34134 Q. GRADY MINOR. P.E. - MARK W. MINOR, P.E. C. DEAN SMrTH, P.E. DAVID W..$CHlvirTr, P.E. MICHAEL J. DELATE, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners ZN COLr~Im' co~'x, 'Il A PORTION OF: PIN: 000000028804000'2 STRAP: 492618 046.0004B18 D. WAYNE ARNOLD, A.I.C_ ROBERT W. THINNE~, A.I.C ERIC V. SANDOVAL - \ THOMA~ C~k'Y ALAN V. PROOECT O O05Cor. PARCEL_ ~ 14 OLIO F)O F LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSiVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B-!807-A) THE EAST 10 FEET OF ~'/~ WEST 50. FEET OF TH~ SOUTH HALF (1/2) OF THE SOUTi.~ i-LALF (1/2) OF THE NORTHWEST QUARTER (1/4) OF THE._ SOUTi~EJ~ST QUARTER (1/4) OF SECTION .i8, TOWNSHIP 49 SOUTH, P, ANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAiNiNG 3 300 SQUARE FEET MORE OR LESS. ' Q. GR_ADY MINOR & ASSOCIATES, P.A. , P.S.M. #5426 STATE OF FLORIDA F: SURVEY\WW. (941) 947-1144 FAX (941) 947-0375 E-Mail: engineering~gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR. P.E. MARK W. MINOR. P.E. ¢. DEAN SMITH, P.E. DAVID W..~KZHMrl-I', P.E. MICHAEL J. DELATE~ P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners COLLIER COUNTY., ~i'APORTION OF: ~:~PiN:000.000'0286160007. I STRAP: 492618 006.0004B18 Perpetual, Non-Exclusive Road Right-of-Way, Drainage, Utility and Maint. Easement LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B-1807) D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNE~, A.I.C..P. ERIC V. 5ANDOVAL, PS.M. THOMAS CHERNF..SK'Y, PS.M. ALAN V. ROSEMAN PR0~ECT PARCEL FOLIO r~t~ P..~L~ THE WEST 40 FEET OF THE NORTH HALF (1/2) OF THE SOUTHWEST QUARTER (1/4) OF T!~ SOUTHEAST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, R3uNGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 26,408 SQUARE FEET, MORE OR LESS. Q. GR_ADY MINOR & ASSOCIATES, P.A. s i GNED ToM P.S .M. STATE #5426 OF FLORIDA (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs, Florida 34134 Q. GRADY MINOR, P.F_ MARl< W. MINOR, P.E. C_ DEAN SMITH, P.E DAVID W. SCI{MITT, P.E. M3C3-iAEL J. DELATE, Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners ~ co~z~ commZ, PORTION' OF: ' 'PIN:0000000286160007 STRA/~: 492618 006'.0004B18 D. WAYNE ARNOLD, A. LC ROBL=Kr W. TI~NNES, A. LC ERIC V. SANE)OVAl "' 1 THOMAS ~K'~ ALAN V. RC~-,.A PROJECT PARCEL FOL IO _ LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B-1807-A) THE EAST 10 FEET OF THE W~_ST 50 FEET OF THE_ NORTH HALF (1/2) OF THE SOUTHWEST QUARTER (1/4) OF T~ SOUTHEAST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOU~H, ~ANGE 26 EJtS.T, COLLIER COUNTY, FLORIDA; CONTAiNiNG 6,600 SQUARE FEET, MORE OR LESS. MZNOR SOCZA _S, P.a. , P.S.M. #5426 STATE OF FLORIDA F: SU~VEY\WW. LLS (941) 947-1144 FAX (941) 947--0375 E-Mail. engineering//)gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR. P.E. MARK W. [v{INOR. P.E. C. DEAN SMITH. P.E. DAVID W. 5CHMITT, P.E. MICHAEL J. DEL,ATE, P.E. Q. GKADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners I 'z~ c0iZ, z~ mom',z, I i A PORTION OF: I'LOT'~, (~'naT' BOO~: ~4, I' ~A~;ES 44-45) D. WAYNE ARNOLD, A.I.C.P. ROBERT W. TI-fiNNED, A.i.C.P. ERIC V. SAN1DOVAL P c;.M. THOMAS CHERNESKY, P.S.M. ALAN V. ROb-EMAN PRO4ECT /';'F~O~ 4t'_ PARCEL l lq FOLIO Y,~ ~"~./',,Fi.~ q c~O[ FEE SIMPLE INTEREST LEGAL DESCRIPTION W~IPPOORWILL LANE (SKETCH B-1807) TP~ WEST !0 FEET OF LOT ! AS SHOWN ON TEE PLAT OF NA_OLES PLAZA PLAN1N~D UNIT DEVELOPMENT, AS RECORDED IN PLAT BOOK 14 AT PAGES 44 AND 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 2,250 SQUARE FEET, MORE OR LESS. Q. G~¥ MI~OR ~ ASSOCIATES, P.A. S ~ GNZD 3-1Y"~ TOM C.qE~ , P.S.M. #5426 STATE OF FLORIDA .... -1 1 - . ..... q, 0 (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs, Florida 34134 Q. GRADY MINOR. P.E. MARK W. MINOR, P.F_ C. DEAN SMITH, P.F_ DAVID W. SCHMITT, P.F_ MICHAEL J. DE'LATE, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners Il±N ~L~T~.R couwr~, · A: PORTION OF:' LOT 1;: (PLAT' BOOK 14, · PAGqgS' 44-45) D. WAYNE ARNOLD, A.I.C_] ROBERT W. THINb/ES, A.I.C.] ERIC V. SANDOVAL, ,~- 'v THOMAS CHERNESKy. ALAN V. ROS~..,~ PROJECT ~ (.I'~'~L.~,, PARCEL ~ ICi F0L I 0 (o.~-m~z~ege2?) ~ LEC~AL DESCRIPTION PERPETUAL, NON-EXCLUSIVE-SLOPE-EASEMENT WttIPPOORWILL LANE (SKETCH B-!O07-A) T~.iE EAST 10 FEET OF TEE._ WEST 20 FEET OF LOT 1 AS SHOWN ON TS~ Pr,AT CF NAPLES PLAZA PLANiVED UNIT DEVELOPMENT, AS RECORDED IN PLAT BOOK 14 AT PAGES 44 AND 45 OF TEE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 2,250 SQUARE FEET, MORE OR LESS. Q. GR3LDY MINOR & ASSOCIATES, P.A. TOM ~-TR. RNESICY v( , P.S.M. #5426 STATE OF FLORIDA (941) 947-1144 FAX (941) 947-0375 E-Mail: engineeringOgradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners Q. GRADY MINOR. P.F_ MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W..%C'HMITT, P.E. MICHAEL J. DE'LATE, A PORTION 'OF:.' ':TRACT '"A, .i{.PLAT BOOK i4, PAGES 44~-45.}' - · .... D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, A.I.C.P. ERIC V. SANDOVAI., PS.M. THOMAS CHERNF. SICY, P.S.M. ALAN V. ROSEMAN FEE SIMPLE INTEREST LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B-1807) T}!E WEST 10 FEET OF TRACT "A" .AS SHOWN ON THE PLAT OF NA_DLES PLAZA PLANNED UNiT DEVELOPMENT, AS RECORDED IN PLAT BOOK 14 AT PAGES 44 .AND 45 OF THE- PUBLIC RECORDS OF COLLIER COUNTY., FLORIDA; CONTAINING 500 SQUARE FEET, MORE OR LESS. GaD TOM C.qERNESKY. ( P.S.M. #5426 STATE OF FLORIDA (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aot. com 3800 Via Del Rey · Bonita Springs, Florida 34134 Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMITY, P.E. MICHAEL J. DELATF, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners IN COLLIER COUNTY, ;% 'PORTION OF: TRACT ,A" [PLAT BOOK 14. PAGES' 44-4'5 ) D. WAYNE ARNOLD, A.I.C..p ROBERT W. THTNNES, A.I.C.P ERIC V. SANDOVAI, P.S.M THOMAS ALAN V. PARCEL_ ~ ~ FOL I o ~3o~ LEGAL DESCRIPTION PERPETUAL, NON-~K~L~S~VE SLOPE' EASEMENT WHIPPOORWILL LANE (SKETCH B-1807-A) THE EAST 10 FEET OF THE WEST 20 FEET OF TRACT "A" AS SHOWN ON THE PLAT OF NAPLES PLAZA PLAN1WED UNiT DEVELOPMENT, AS RECORDED iN PLAT BOOK 14 AT PAGES 44 AND 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 500 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. TOM C~ERNE~?- [ P.S.M. #5426 STATE OF FLORIDA F: SURVEY\ WW. LLS (941) 947-1144 FAX (941) 947-0375 E-Mail: engineering~gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR, MARK W. MINOR. P.E. C. DEAN SMITH, P.E. DAVID W. 5CHMrl'r. MICHAEL J. DELATE. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNI~, A.I.C.P ERIC V. SANDOVAh PS.M THOMAS CHERNESICY, PS.M ALAN V. ROb'I~IMAN PRO,.1ECT PARCEL FOLIO FEE SIMPLE INTEREST LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B-1807} TF~, WEST 10 FEET OF TRACT "1" AS SHOWN ON THE PLAT OF NAPLES PLAZA PLANNED UNIT DEVELOPMENT, AS RECORDED iN PLAT BOOK 14 AT PAGES 44 .AND 45 OF T~ PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 2,352 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. TOM P.S.M..=5426 STATE OF FLORIDA (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs, Florida 34134 Q. GRADY MINOR. P.E. MARK W. MINOR. P.E. C. DEAN SMITH, ?.E. DAVID W. SCHIvI1T'[', ?.E MICHAEL I. DEl_ATE, P.E. Q. G1L .DY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners I-. 'mac'r'i.-~'- (~,h,¥r ~oo~- ~4, [ ~/ttJE_q 44~-45}. ' .... ' D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, A.I.C_p. ERIC V. SANDOVAL, P.S.M. THOMAS C3qERNESK~, p ALAN V. ROS'E~ PROJECT PARCEL FOLIO LEGAL DESCRIPTION PERPETUAL~_ NON-EXCLUSIVE_SLOPE EASEMENT ." - WHIPPOORW&L,. LANE (SKETCH B-1807-A) THE EAST 10 FEET OF T}{E W-EST 20 FEET OF TRACT "1" AS SHOWN ON Ti-IE PL~.T OF NAPLES PLAZA PLAN'N'E_D UNIT DEVELOPMENT, AS RECORDED IN PLAT BOOK 14 AT PAGES 44 AND 45 OF THE PD'BLiC RECORDS OF COLLIER COUNTY., FLORIDA; CONTAiNiNG 2,352 SQUARE FEET, MORE OR LESS. Q. GR.ib~E)Y MINOR & ASSOCIATES, P.A. TOM CI{mRlq'E SKY-'[ , P.S.M. #5426 STATE OF FLORIDA (941) 947-1144 FAX (941) 947-0375 E-Mail: en~ineering~gradyminor.com 3800 Via Del Rey Bonito Springs, Florida 34134 1 2 3 4 $ 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 RESOLUTION NO. 2003-__ A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REPEALING RESOLUTIONS NUMBERED 00- 147,00-166, 00-414,00-422 AND 01-246 PERTAINING TO THE CONSTRUCTION AND LAND ACQUISITION FOR WHIPPOORWILL LANE WHEREAS, the construction of Whippoorwill Lane has been determined to be a private project and not a budgeted fund item for Collier County; and WHEREAS, there are no plans to budget funding for the aforementioned construction and acquisition of land for said roadway; WHEREAS, there are outstanding Resolutions pertaining to this matter that need to be repealed in order to be consistent with current Collier County policy; and WHEREAS, the continuation of these Resolutions requires the creation of unnecessary documentation regarding the Collier County Growth Management Plan, eminent domain and undue interference with private development issues and other matters pertaining to the construction of said roadway; and WHEREAS, it is in the best interest of Collier County to repeal these Resolutions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: - 1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Resolutions 00-147,00-166,00-414,00-422 and 01-246 shall repealed in their entirety. This Resolution adopted this be day of February, 2003 after motion, second and majority vote favoring same. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ATTEST: DWIGHT E. BROCK, Clerk TOM HENNING, CHAIRMAN Approved as to form and legal sufficiency: cqu~line Hubbard Robinson sistant County Attorney - 2 - EXECUTIVE SUMMARY PRESENTATION BY STAFF TO BOARD OF COUNTY COMMISSIONERS FOR ITS REVIEW OF A PROPOSED SETTLEMENT OFFER IN THE COMPANION IMPACT FEE COLLECTION CASES OF CO!J,IER COUNTY V. NATIONWIDE AND NATIONWIDE V. COLLIER COUNTY OBJECTIVE: To obtain guidance from the Collier County Board of County Commissioners regarding a proposed settlement proposal from Counsel for the Homewood Residence in Naples. CONSIDERATIONS: Pursuant to direction from the Collier County Board of County Commissioners, adult facilities that did not restrict school age children at the time building permits were issued or had no deed restrictions in place by the time of the issuance of Certificates of Occupancy were to be notified by County staff and requested to pay outstanding impact fees. In all, approximately Twenty [20] collection letters have been sent. In the process of reviewing the payment histories of such facilities, it was discovered that some of them owed fees to the County and some were due to receive refunds from the County. Homewood Residence in Naples was notified in writing on August 13, 2002 that unpaid impact fees for schools, regional parks and libraries were outstanding. The amounts outstanding are indicated below. One Hundred Eighteen Thousand, Six Hundred Ninety-Five Dollars [$118,695.00] is due in unpaid impact fees. They had overpaid in road impact fees in the amount of Ten Thousand, Four Hundred Dollars [$10,400.00] that would net a total amount due of One Hundred Eight Thousand, Two Hundred Ninety-Five Dollars [$108,295.00] still due and owing. IMPACT FEE AMOUNT OWED AMOUNT OVERPAID Schools $82,700.00 Regional Parks $17,900.00 Libraries $18,052.00 EMS $43.00 Road $10,400.00 TOTAL DUE $118,695.00 IMPACT FEE AMOUNT Amount Owed $118,695.00 Less Amount Overpaid ($10,400.00) TOTAL $108,295.00 FEB 1 I 2003 In an effort to avoid extended litigation, Counsel for the Homewood Residence in Naples has proposed a settlement agreement of payment of Ten Thousand Dollars [$10,000.00] in cash and release of any claims Homewood Residence asserts to a Ten Thousand, Four Hundred Dollars [$10,400.00] in overpayment to the County. A copy of the settlement offer correspondence is attached hereto. FISCAL IMPACT: Approval of the settlement offer will result in a net fiscal impact of Twenty Thousand, Four Hundred Dollars [$20,400.00], which will be deposited into the respective impact fee accounts. Status of the Collection Efforts: A total of four facilities have paid unconditionally their outstanding impact fees which total a gross amount of Two Hundred Forty-Two Thousand, Four Hundred Fifty-Seven Dollars [$242,457.00] collected. The net amount after all refunds have been paid is equal to One Hundred Fifty-Three Thousand, Seven Hundred Sixty-Four Dollars and Ninety-One Cents [$153,764.91]. Additionally, two other facilities have indicated a willingness to settle their matters for a net payment of an additional Forty-Five Thousand Dollars [$45,000.00]. Upon receipt of those funds, total collections would total Two Hundred Eighty-Seven Thousand, Four Hundred Fifty-Seven Dollars [$287,457.00] and net collections will total One Hundred Ninety- Eight Thousand, Seven Hundred Sixty-Four Dollars and Ninety-One Cents [$198,764.91 ]. GROWTH MANAGEMENT IMPACT: Funds received are impact fees that pay toward the creation of infrastructure that is required by growth. RECOMMENDATION: That the Board of County Commissioners: Review proposed settlement offer; staff does not recommend the settlement under these conditions at this time. Advise staff whether to proceed with the litigation and reject the settlement offer or accept the settlement offer. Prepared by: Approved by: ,l~sj~istant county Attorney David C. Weigel,"l~ount2~OAttomey Date: FE9 1 ! 2003 2 HOLLAND & KNIGHT LLP 400 North Ashley Drive, Suite 2300 P O. Box 1288 (ZiP 33601-1288) Tampa, Florida 33602-4300 813-227-8500 FAX 813-229-0134 www.hklaw.com January 24, 2003 VIA FACSIMILE AND U.S. MAIL Annapolis New York Atlanta Northern Virg~ma Bethesda Orlando Boslon Podland Bradenton Pmvidence Chicago St P~temburg Fort Lauderdale San Antonio Jacksonville San Francisco Lakeland ,SeaMle Los Angeles Tallah~ssee Melbourne Washingtm, D.C Miami West Palm Beach ~-acas' JOHN T. MARSHALL $13-227-8500 Intemet Address: jtmarsha~hklaw.com ,Jacqueline Hubbard Robinson, Esq. Assistant County Attorney Office of the Collier County Attorney 3301 Tamiami Trail East Naples, Florida 34112-4902 Re: Collier County v. Nationwide Health Properties, Inc., et al., No. 02-4943-CA and Nationwide Health Props. Inc., et al., v. Collier County, No. 02-4936-CA. Dear Jacqueline: This letter includes an offer to settle the captioned matters and, as such, falls within the evidentiary protections afforded settlement offers. We have also enclosed American Retirement Corporation (ARC) and Nationwide Health Properties, Inc.'s(NHP) draft Joint Motion and Stipulation for Stay (of the foreclosure action) and proposed order granting the Joint Motion. As you know, ARC and NHP believe that all applicable impact fees were paid years ago and that even if additional fees could have or should have been collected, it is too late now. Nonetheless, in an effort to avoid additional fees and costs,..t, hey, have authorized us to settle this case by paying $10,000 and allowing the Country to.C)~ keep ARC's $10,000 overpayment in road impact fees. NO. FEB 1 1 2003 P~ ..... 3 Jacqueline Hubbard Robinson, Esq. January 24, 2003 Page 2 We look forward to your comments on the draft stipulation and order as well as the County's response to the offer of settlement. Very truly yours, H~. LAND & KNIGHT LLP ? John T. Marshall JTM/byz Enclosure cc: Michael L. Chapman, Esq. TPA1 #1270427 %-1 EXECUTIVE SUMMARY CONSIDERATION OF APPROVAL OF SETTLEMENT AGREEMENT AND MUTUAL RELEASE FOR PREVIOUSLY UNPAID EDUCATIONAL, COMMUNITY AND REGIONAL PARKS AND LIBRARY IMPACT FEES FOR ARDEN COURTS AT LELY PALMS AND MANORCARE AT LELY PALMS. OBJECTIVE: The Collier County Board of County Commissioners to consider the approval of a settlement agreement for payment of delinquent and unpaid impact fees in connection with Arden Courts at Lely Palms and ManorCare at Lely Palms and waive penalties and interest. CONSIDERATIONS: Pursuant to direction from the Collier County Board of County Commissioners, adult facilities that did not restrict school age children at the time building permits were issued or had no deed restrictions in place by the time of the issuance of Certificates of Occupancy were to be notified by County Staff and requested to pay outstanding impact fees. In all, approximately Twenty [20] collection letters have been sent. In the process of reviewing the payment histories of such facilities, it was discovered that some of them owed fees to the County and some were due to receive refunds from the County. Two of these facilities are Arden Courts at Lely Palms and ManorCare at Lely Palms. These facilities were notified in writing on June 3, 2002 that unpaid impact fees for schools, community parks, regional parks and libraries were outstanding. The amounts outstanding are indicated below. Arden Courts at Lely Palms has unpaid fees of Eighty-Two Thousand, Four Hundred Forty- Seven Dollars and Four Cents [$82,447.04]. ManorCare at Lely Palms owes One Thousand, Eight Hundred Seventy Dollars [$1,870.00]. The total amount owed is Eighty-Four Thousand, Three Hundred Seventeen Dollars and Four Cents [$84,317.04]. There is an overpayment for Road and Emergency Medical Services of Four Thousand; Eight Hundred Fifty Three Dollars and Seventy-Six Cents [$4,853.76] for a net total of Seventy-Nine Thousand, Four Hundred Sixty-Three Dollars and Twenty-Eight Cents [$79,463.28]. Representatives for Arden Courts and ManorCare have presented an offer to settle the outstanding fee issues. A copy of the proposed settlement agreement is attached hereto. ARDEN COURTS MANORCARE IIMPACT FEE Schools Comm. Parks AMT. OUTSTANDING $43,004.00 $20,748.00 IIMPACT FEE Road TOTAL AMT. OUTSTANDING $1,870.00 $:,,8.7~0.00 ........ - AGF..I,~ D,~,-~ i t:t~ no. - FEB 1 1 2003 PI[. \ Re$ional Parks $9,308.00 IMPACT VEE AMT. OVERPAID Libraries $9,387.04 Road $1,768.00 TOTAL $82,447.04 EMS $4,853.76 TOTAL $4,853.76 OVERPAID IMPACT FEE AMOUNT Amount Owed-Arden $82,447.04 Courts Amount Owed- $1,870.00 ManorCare Total Owed $84,317.04 Less Amt. Overpaid ($4,853.76) TOTAL NET $79,463.28 In an effort to avoid extended litigation, the Office of the County Attorney recommends approval of the settlement offer of Forty-Five Thousand Dollars [$45,000.00] in full settlement of all issues pertaining to the unpaid fees. Collier County will not have to refund the sum of Four Thousand, Eight Hundred Fifty-Three Dollars and Seventy-Six Cents [$4,853.76], bringing the total value of the settlement to Forty-Nine Thousand, Eight Hundred Fifty-Three Dollars and Seventy-Six Cents [$49,853.76]. FISCAL IMPACT: If the settlement offer is approved, the sum of Forty-Five Thousand Dollars [$45,000.00] will be paid into the respective impact fee accounts. Status of the Collection Efforts: A total of four facilities have paid unconditionally their outstanding impact fees which total a gross amount of Two Hundred Forty-Two Thousand, Four Hundred Fifty-Seven Dollars [$242,457.00] collected. The net amount after all refunds have been paid is equal to One Hundred Fifty-Three Thousand, Seven Hundred Sixty-Four Dollars and Ninety-One Cents [$153,764.91]. Additionally, Arden Courts and ManorCare have indicated a willingness to settle their matters for a net payment of an additional Forty-Five Thousand Dollars [$45,000.00]. Upon approval of the settlement offer and receipt of those funds, total collections [taking into account overpayments] will total Two Hundred Eighty-Seven Thousand, Four Hundred Fifty- Seven Dollars [$287,457.00] and net collections will total One Hundred Ninety-Eight Thousand, Seven Hundred Sixty-Four Dollars and Ninety-One Cents [$198,764.91 ]. GROWTH MANAGEMENT IMPACT: Funds received are impact fees that pay toward the creation of infrastructure that is required by growth. RECOMMENDATION: That the Collier County Board of County Commissioners: Approve the settlement agreement and mutual release school, community parks, regional parks and library npacLfees~for~.Arfl¢ll_( ManorCare at Lely Palms; and No.AGENDA\ .~. _ FEB 1 1 2003 Pi;. regarding the previously unpaid ',ourts and Authorize the Chairman of the Board of County Commissioners to execute the settlement agreement on behalf of the Board. Prepared by: /~/0~( ()~L(~)~,.r~.~ l~,-.: L . Date: !J~equ~lme Hubbard Robinson /~ssistant county Attorney Approved by: L~_~/ ~~t-~ Date: David C. Weigel, County .t(d~omey NO. FEB 1 1 2303 F% -.~ 3 January 14, 2003 Draft of SETTLEMENT AGREEMENT AND MUTUAL RELEASE writing principals, elected officials, officers, employees, ex-employees, agents, representatives, insurers, spouses, successors, assigns, heirs and affiliates. THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred to as the "Agreement and Release") is entered into and made on this ~ day of , 2003 by and between Arden Courts at Lely Palms and Manor Care at Lely Palms, a Corporation, (hereinafter referred to as" Manor Care") and Collier County, A political subdivision of the State of Florida, hereinafter referred to as the "County"). WlTNESSETH: WHEREAS, the County has indicated that it intends to file a lawsuit against the Manor Care in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida, for failure to pay impact fees; and, WHEREAS, Manor Care and the County, without either of them admitting any liability or fault, desire to settle the dispute and any and all disputes that arise from, relate or refer in any way, whether directly or indirectly, to the nonpayment of impact fees prior to the date of this agreement; and, WHEREAS, Manor Care and the County desire to reduce their settlement to a so that it shall be binding upon them as well as their respective owners, attorneys, la,. NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Agreement and Release, and with the intent to be legally bound, Manor Care and the County agree as follows: 1. Manor Care and the County adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses", by reference into this Agreement and Release. 2. In consideration of the resolution of all disputes or claims arising from or referring or relating in any way, whether directly or indirectly, to the dispute regarding payment of impact fees, and for and in consideration of the sum of Forty-Five Thousand Dollars ($45,000.00) and other valuable consideration, the receipt and adequacy of which is hereby acknowledged by the County, the County agrees not to file the Lawsuit against Manor Care for any unpaid impact fees that the County asserts existed pdor to the date of this agreement. 3. In consideration of the resolution of this dispute, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the County, on behalf of itself, as well as on behalf of its attorneys, agents, representatives, and assigns, hereby expressly releases and forever discharges Manor Care, as well as its officers, employees, ex-employees, agents, attorneys, representatives, successors, assigns, insurers and affiliates from any and all claims, demands, causes of actions, damages, costs, attorney's fees, expenses and obligations of any kind or nature whatsoever that it has asserted or could have asserted in a Lawsuit or that adse from or relate or refer in any way, whether directly or indirectly, to the non-payment of impact fees that existed prior to the date of this agreement or the year t [.~i-'_~_~'~.~-'i _~{~).,~_ 2003;~,'.'ThiS' agreement FEB 1 1 :S33 _.5, shall not and does not apply to any future impact fees that Manor Care may become responsible for after the date of this agreement. 4. Notwithstanding anything that may be to the contrary in Paragraph 3 of this Agreement and Release, Manor Care and the County agree that either of them (as well as any other persons or entities intended to be bound) shall, in the event of any breach, retain the right to enforce the terms and conditions of this Agreement and Release. and principals, officials, officers, employees, ex-employees, agents, representatives, insurers, successors, assigns, spouses, heirs and affiliates. 6. Manor Care and the County recognize and acknowledge 5. Manor Care and the County acknowledge and agree that this Agreement Release is intended to and shall be binding upon their respective owners, attorneys, that this Agreement and Release memorializes and states a settlement of disputed claims and nothing in this Agreement and Release shall be construed to be an admission of any kind, whether of fault, liability, or of a particular policy or procedure, on the part of either Manor Care or the County. 7. Manor Care and the County acknowledge and agree that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous language or provision in this Agreement and Release is to be construed against any party based upon a claim that the party drafted the ambiguous provision or language or that the party was intended to be benefited by the ambiguous provision or language. 8. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. 9. In the event of an alleged breach of this Agreement and Release, Manor Care and the County agree that all underlying causes of action or claims of the County have been extinguished by this Agreement and Release and that the sole remedy for breach of this Agreement and Release shall be for specific performance of its terms and conditions or any damages arising from the breach. In this regard, Manor Care and the County further agree that the sole venue for any such action shall be in the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 10. This Agreement and Release shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF, Manor Care and the County have signed and sealed this Agreement and Release as set forth below. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: , Chairman Date: Corporate information and si.qnatories & titles needed here: 1.) Manor Care: 2). Arden Court 4 + corp. seal or resolution and two witnesses or notary Date: by THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN Manor Care AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed , before me, this day of ,2003. Signature of Notary Public Personally Known or Produced Identification Commissioned Name of Notary Public (Please print, type or stamp) My Commission expires: Type of Identification Produced AND THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN Arden Court COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by before me, this day of ,2003. Signature of Notary Public Commissioned Name of Notary Public (Please print, type or stamp) My Commission expires: Approved as to form and legal sufficiency: Personally Known or Produced Identification Type of Identification Produced Jacqueline Hubbard Robinson Assistant County Attomey h: Jackie/Manor Care~settlement agreement & release AVESMT2002-AR3349 Sheet 1 of 2 EXECUTIVE SUMMARY PETITION AVESMT2002-AR3349 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN TWO 30 FOOT WIDE PARCELS OF LAND CONVEYED TO COLLIER COUNTY BY SEPARATE INSTRUMENT FOR ROAD RIGHT OF WAY, UTILITIES AND DRAINAGE, AS RECORDED IN OFFICIAL RECORD BOOK 484, PAGE 523 AND PAGE 525, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST. OBJECTIVE: To adopt a Resolution to vacate the above-described parcels dedicated to Collier County for road right of way, utilities and drainage. CONSIDERATIONS: Petition AVESMT2002-AR3349 has been received by Engineering Services from Michael J. Volpe, Esq., of Robins, Kaplan, Miller & Ciresi, L.L.P., as agent for the petitioner, H.D. Development, L.L.C., requesting the vacation of the two 30 foot wide parcels of land dedicated to Collier County by separate instrument in 1972 for road right of way, utilities and drainage. These parcels have never been improved and are not needed for road right of way, utilities or drainage. These two parcels are located almost entirely within environmentally sensitive lands that are protected and preserved as wetlands. As a result, these parcels cannot be developed nor improved. Letters of no objection have been received from the following Collier County Departments: Public Utilities, Engineering Services, Transportation, Stormwater Management and North Naples Fire District. Letters of no objection have also been received from FPL, Sprint and Comcast. Zoning is Agricultural. This Executive Summary was approved by Greg Garcia in Transportation on December 30, 2002 and by Jacquelyn Johnson in Public Utilities on October 23, 2002. FISCAL IMPACT: Engineering Services has collected a $1,000 "Petition to Vacate" fee from the petitioner, which covers the County's cost of recording and processing the Petition. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. FEB 1 I 2003 .... AVESMT2002-AR3349 Sheet 2 of 2 ENGINEERING SERVICES STAFF RECOMMENDATION: Recommendation that the Board of County Commissioners: 1. Adopt the Resolution for Petition AVESMT2002-AR3349 for the vacation of the two above- described 30 foot wide parcels dedicated to Collier County for road fight of way, utilities and drainage; and 2. Authorize the execution of the Resolution by it's Chairman; and 3. Direct the Clerk to the Board to record a certified copy of the Resolution in the Public Records. PREPARED BY: I~_,~.~' _ ~ r-2; ! ~.~ Rick Grigg, P.S.M. Engineering Services DATE: REVmWED BY: ~. Thomas E. Kuck, P.E., Engineering Services Director DATE: APPROVED BY: ~~~-~d~~-- [os~h K. Schmi~t, Administrator unity Development & Environmental Services DATE: FEB 11 2003 RESOLUTION NO. 2003- RESOLUTION FOR PETITION AVESMT2002-AR3349 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN TWO 30 FOOT WIDE PARCELS OF LAND CONVEYED TO COLLIER COUNTY BY SEPARATE INSTRUMENT FOR ROAD RIGHT OF WAY, UTILITIES AND DRAINAGE, AS RECORDED IN OFFICIAL RECORD BOOK 484, PAGE 523 AND PAGE 525, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN S~ON 2 I, TOWNSHIP 48 SOUTH, RANGE 26 EAST. WHEREAS, pursuant to Section 125.01(0, Florida Statutes, Michael J. Volpe, Esq., of Robins, Kaplan, Miller & Ciresi, L.L.P., as agent for the petitioner, H.D. Development, L.L.C., does hereby request the Board of County Commissioners to vacate, renounce and disclaim the County's and the Public's interest in two 30 foot wide parcels of land conveyed to Collier County by separate instrument for road fight of way, utilities and drainage, as recorded in Official Record Book 484, Page 523 and Page 525, Public Records of Collier County, Florida; and WHEREAS, the granting of Petitioner's request will not adversely affect the ownership or right of convenient access of other property owners; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's and the Public's Road Right of Way, Utility and Drainage interests over and across the following two 30 foot wide parcels are hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public - :~terest and for the Public's benefit: See Exhibit "A" attached hereto and incorporated herein BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution, the proof of publication of the notice of public hearing and the proof of publication of the notice of adoption of this Resolution in the Official Records of Collier County, Florida. This Resolution is adopted this day of ,2003, after motion, second and majority vote favoring same. DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA Deputy Clerk BY: Tom Henning, Chairman ~roved as to form and legal cien [ Pat~'i'ck G. ~Vhit~, Esq. Assistant County Attorney AC, EN~A Il'EM FEB 11 2003 EXHIBIT "A" SHEET 1 OF 1 AVESM'I2002-AR3349 DESCRIPTION OF EASEMEN'~I', TO BE VACATED_ The East thirty (30) feet of the East half of the Southeast quarter of the Southwest quarter of Section 21, Township 45 South, Range 26 East, Collier County, Florida And The West thirty (30) feet of thc West h~lf of the West half of the Southwest quarter of the Southeast quarter of Section 21, Township 48 South, Ragc 26 East, Collier County, Florida. NBir59'i4"T 1321.00' i* 3.10.24' I ,,.-'burk~l un,doe ~e~m~. ~t ,3/4' ~'O'W'~ .2~1 ! .12' ~__~ Sooth. ~ 26 Foot. Yd 4'x4' FEB 11 2003 PETITION FOR VACATION OF ROAD RIGHT-OF-WAY Date Received: /t~- t:~ - C~ Petition #fnV ~,~'r Petitioner: Address: City/State: H.D. DEVELOPMENT, L.L.C., A Florida Limited Liability Company Post Office Box 1839 Telephone: 239-253-2746 Tampa, Florida Zip Code: 33601 Agent: Address: City/State: Robins, Kaplan, Miller & Ciresi, L.L.P. Michael J. Volpe Esquire 711 Fifth Avenue South, Suite 201 Naples, Florida 34102 Telephone: 239-430-7070 Zip Code: 34102 Road Name: Location: Legal Description: Current Zoning: Reason for Request: Does this affect density? Unnamed Section 21, Township 48, Range 26 Plat Book Pages __ See Attached Composite Exhibit "A" Agricultural Requirement of the South Florida Water Management District No. I hereby authorize Agent above to represent me for this petition: [] Yes [] No Signature of Petitioner Date David Custer Managing Member Print Name Title Please ~ee "Policy and Procedure on the Closing and Vacation of Road Right-of-Way" for the list of supportive materials which must accompany this petition and deliver or mall to: Community Development & Environmental Services Division Planning Services Department 2800 North Horseshoe Drive Naples, Florida 34104 (1) If applicant is a land trust, indicate the name of beneficiaries (2) If applicant is corporation other than a public corporation, indicate the name of officers and stockholders. (3) If applicant is partnership, limited partnership or other business entity, indicate the name of (4) List all other owners. Al' FEB 1 1 2083 mjor 5 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt [ Trans Number I Date I Post Date 369101 11/5/2002 11:51:03 AM 11/5/2002 Payment Slip Nbr AR 3349 Appl Name: ROBINS, KAPLAN, MILLER & CIRESI, LLP Appl Stage/Status: REVIEW STAGE NO. 1/PENDING Address: 711 FIFTH AVE SOUTH SUITE 201 NAPLES FL 34102 Proj Name: PRESERVE ESTATES Type: TAZ: Subdiv Nbr: 100 Project Nbr: 2002110008 Payor' HD DEV Fee Information Fee Code 12TRVC IDescription REV ACCT/VAC EASEMENT-ROW GL Account 11313832032910000000 Total Amount $1OOO.OO $1OOO.OO Waived Payment Code CHECK Payments tAccountJCheck Number 1123 Amount 1000.00 Memo: Total Cash I $0.00 Total Non-Cash I $1000.00 Total Paid I $1000.00 1 Cashier/location: GARRETT_S / 1 User: SMITH_G Collier County Board of County Commissioners CD-Plus for Windows 95/NT AGENDA rrEM FEB 11 20O3 STATEMENT REGARDING GENERAL PUBLIC BENEFIT The separate right-of-way easements which the Petitioner seeks to have vacated were dedicated to Collier County for the use and benefit of the general public for road right-of-way, utilities and drainage for the perpetual use of Collier County by separate dedications one dated September 23, 1972 and the other dated October 13, 1972. Each of these dedications provides, in pertinent pan, as follows: THIS dedication and the recordation of the same shall not place any duty, burden, or liability upon Collier County, by formal act of the governing body, to accept the property herein and hereby dedicated, nor obligate Collier County to improve the aforesaid property in any manner, nor shall acceptance of this dedication by formal act of Collier County obligate Collier County to improve the aforesaid property in any manner. Although more than thirty (30) years have lapsed since these dedications were granted and recorded amongst the Public Records of the County, the County has not by formal act of its governing body or otherwise accepted these dedication and, the property burdened by the dedications has not been improved in any manner whatsoever. The property that is the subject of the separate dedications is located almost entirely within environmentally sensitive lands that are protected and preserved as wetlands. As a result, these lands cannot be developed or improved. Indeed, the South Florida Water Management District has requested the Petitioner to grant it a conservation easement over these lands. Furthermore, even if these lands could be improved or developed, the improvements could not benefit the general public since the northern terminus of the dedicated lands adjoins a private road within the Olde Cypress PUD which private road is gated and is not accessible by the general public and the southern terminus of the property adjoins the Immokalee Canal. In view of the County's current access management plan that seeks to limit the number and location of access roads onto and off of certain anerial roads, including Immokalee Road, it is extremely unlikely the County would ever bridge the Immokalee Road Canal to create an access point at the southern terminus of the dedicated rights-of-way. On the basis of the foregoing, it is clear from both a legal and factual perspective, the property which is the subject of the 1972 dedications will not and can not be improved by the County for its intended purpose namely; for the use and benefit of the general public for road right-of-way, utilities and drainage for perpetual use of Collier County. The benefit to the public derived from the County's vacation of these easements will be to preserve and protect these wetlands and prevent their improvement either by the public or private sector. As a result, this preserve area will continue to function as a part of the Stormwater Management for the balance of the property owned by the Petitioner and as a connector to a flow way system benefiting a significant portion of the lands north of Immokalee Road. FEEl 1 20O3 JUL.C2.2002 07:52 9413343661 JOHNSON ENG!NESKING ~5643 ?.002/005 This instxument was prepared by: (and after recording, re.~rn to): John S. Inglis, Esquire Shumak~r, Loop & Kendrick, LL? 101 E. Kcm~edy Boulevard, Suite 2800 Tampa, Florida 33602 WARI~M~rrY DEED THIS INDEX, made this ~r~,~ day of August, 200 PEGGY M. CUSTER, husband and wife (collectively, the "Granto: LLC, a Florida limited liability company (the "Grantee"), the pos Post Office Box 1839, Tampa, Florida 33601. [Whenever used herein thc temps "Crrantor' and "Grantee" in this instrument and the heirs, legal representatives ~nd and the ~ccessor~ and assi~s of corporations] W1TNESSETH: That thc Grantor, for and in consideration Dollars ($10,00) and other valuable considerations, receipt whe~ hereby grants, bargains, sells, conveys, rcmiscs, releases, and trans certain parcel of land situate in Collier County, Florida, to-wit: The West ~ of the Southeast ¼ of the Southwest ¼ Township 48 South, Range 26 East, Collier County, AND EXCEPT the South 100 feet thereof. Parcel ID Number: 00186000005 TOGETHER WITH ~11 rights, privileges, easements, te appurtenances thereunto belonging or in any wise appertaining. TO I-LAVE AND TO HOLD thc same in fee simple for~ver. AHD THE GRANTOR does hereby warrant the title to s~' ,~xne ag~nst the lawful cleiras of all persons whatsoever, except z~ resolutions and ordinances; easements, agreements, restrictions, conditions of record; and re, al estate taxes and assessments for thc y O1 at 12:0~ D¥IGH? i. B~OCI, DOC-,?O , by ROY F. CUSTER and "), to HD DEVELOPMENT, office addxcss of which is: ~cludc all thc parties ssigns of individuals, )fthe sum ofTen and 00/100 of is hereby acknowledged, ~rs unto the Grantee, all that of Section 21, Florida, LESS acments, hereditaments and id land, and will defend the ning ~nd other governmental reserva6ons, covenants and :ar 2001 and thereafter. FEB 1 1 2OO3 JUL. C2.2002 07:52 9413343661 JOHNSON 5NGINSERING ~5643 IN WITNESS WHEREOF, the Grantor has executed this above written. ' · Withes es:.. i,t~c-Sg'fl: CUSTm( STATE OF FLORIDA coum'Y oF~,,~;-3~ Thc foregoing instrument was acknowledged bcfore me ~ tbo~mROY F. CUSTER and PEGGY M. CUSTER, husband and wife or did produce ~ \~ TARY PU~,. IC~. Print Name: My Commissio~ Expiz NOTARY FI.~UC S'~AI~ OP FUDRI CO~z~zSs~ON NO. ¢CTW';al _MY CO~MtS~ON Exp. DFC22( 2 *** OR: 2883 PG: 0123 Indenture as of thc date first g~oy~d3y of Au~st, 2~001, are pea~onallv known as identification. :r [notary seal] FEB 11 2003 Ti, m~ ~R~ 0@:02 9413343661 JUL.C2.2002 07:~2 94i334366i JOHNSON ENGINEERING ~5643 ?.004/005 ? l'ill,;:7.: ........... LOOP BT M, 33&0! Dy ALICE I. BENITEZ, also :FLEE HOLDINGS, LLC, a address of which is: Post This instrument was prepared by: $1~UlUll (and after recording, return to): 101 Jolm S. Inglis, 'Esquire Shumaker, Loop & Ken&ick, LI,P 101 E. Kennedy Boulevard, Suite 2800 Tampa, Florida 33602 WARRANTY DEED THIS INDENllJRE, made this ~"Zrlay of Augusl, 2001, known as ALICE F. BENITEZ (the "Crra.ntor"), to COCOHAT~ Florida limited liability company (the "Grantee"), the post office Office Box 1839, Tampa, Florida 33601. [Whenever used h~ein the terms "Grantor" and "Grantee" in this insmmaent and the heirs, legal representatives and and the successors and assign-~ of corporations] nclude all the parties signs of individuals, WITNESSETH: That the Grantor, for and in consideration ¢ fthe sum of Ten and 00/100 Dollars ($10.00) and other valuable considerations, receipt where Df is hereby acknowledged, hereby grants, bargains, sells, conveys, remises, releases, and transfels unto thc Grantee, all those certain parcels of land situate in Collier County, Florida, to-wit: / / 'Ihe West ½ of the West ~ of the Southwest ¼ of th~ SouSe_asr ¼ of Section 21, Township 48 South, Range 26 East, COllier County, f Section 21, lorida. :mcnts, hereditaments and ;oing described property is ~omestead. DOC-.70 Florida. Parcel ID Number: 00186520006 The East ~ ofthe Southeast ¼ of the Southwest ¼ c Township 48 South, Range 26 East, Collier County, F Parcel ID Number: 00185880006 TOGETHER WITH all rights, privileges, easements, ten appurtenances thereunto belonging or in any wise appertaining. TO HAVE AND TO HOLD thc same in fcc simple forever. AND TH~ GKANIOR does hereby warrant that the fore vacant and does not constitute her homestead, or is it adjacent to her 94133,:13661 FEB 1 1 20 3 JUL.C2.2002 07:52 9413343661 COHNSON ENGINEERING AND THE GRANTOR does hereby warrant the title to sa same against the lawful claims of all persons whatsoever, except zo resolutions and ordinances; ea.~ements, agreements, restrictions, condifio~ of record; and real estate taxes and assessments for the y~ *** OR: 2883 PG: 0127 d land, and will defend the Lng and other govemmenta~ reservations, covenants and ar 2001 and thereafter. as of the date first IN wrI'Iq'ESS WI IEREOF, the Or ~~ above written. Witnesses: -X cs L ssmrsz, o\ o Ts ~u O~_~ :~-~'~-' ~ ALICE F. BENIT~~7 .~ printNam¢: ~.i_,,~_,~.\ ~z.=,,,:~-._Address: ~ f~(3~r~- --~: STATE OF COLORADO ) COUNTY O5't=~q~fC) The foregoing instrument was acknowledged before me ~ by ALICE I. B~NrlTEZ, also known as ALICE F. BENITEZ, who did produce _'~-fl~-.--k",~ -~,.~-~'~ L..4 ~"g~'- JUL 02 20~2 08:03 s ?~_Oday of August, 2001, is-personally known to me or as identification. h~O'I'-ARy PUB_LIC .U ._. , ... C~" My Commission Expi[es: .... My comrn~sion E.Lol~es O610712005 [notary s~al] 10o st. paul~ ,'treel . 2 Dmtm: 04/~&/02 ?£me: 06:23 ~M To: ~6_O&4-2002-Uu~u~/uz-ue~e~ue-z e z*=~u '~ -' IMAGE01 : FL-02-8037-2 04/16/2002 06:25:44pm Page 2 of 2 APR 16 2~2 18:36 FEB 11 2O03 Dmte: 04/1(/02 ?im~: 06:23 P~ ?o: FL-064-2002'00e03~02'041~1504~1 g 2131giO IMAGE01 : TL-02-8037-2 04/16/2002 06:25:44pm Page 2 of 2 ~A FEB 11 2003 2002 CO JNT EAR NOU 21 2002 09:44 FR RKMC qn~,~nn 941 213 19'~'0 IU ~Zl~lb M. J~Ut~L £~.A I t. COUNTY NOTICE. OF AD VALOR£~. TAXES AND NON,AD VALOREM ASSESSMENTS 4% IN NOV 13% IN DEC 12% IN JAN 1~. T.N .F__EB__ 0% I.N MILt RAT~ AMOUNT ...... AtITH'5~-'~' I PAY IN U, . W O i U.~. BANK T~.: ~ -- a. vAt.onEN T,~,~S I COLLIER COUHTY TAX COLLECTOR 410.07 OSP~NDENT 2 MILL GOOE I 1. ;~ ;~ I ESCROW' CODE .8069 267 · 57 wA'rEP, NaT, ;:)1 ---- - · 5265 567,51 mOEP.~PmJU, 2l COCOHATCHE£ HOLDTNGS LLC 1-1167 13,62 VOTmAPPmDEmT. 6l PO BOX 1639 -0E~68 13,2998 ~ TAMPA FL 33601-1.839 logjam VALOREM A~BIrT~ WATmmL:W~S I jM~HL~MOvF- COMBINED TOTAL ~ ~ D0~85880O06 ,~c. Z 48 26 E1/~ OF - SW1/4, LESS R/W SEl/4 OF 18.g8 AC PAID - 0E/11/18 6,488.60 REC~ 32489.09 GUY L. CARLTON - TAX COLLECTOR 00000185880006 0000675896 0000000000 00000 9 ND DEVELOPMENT, I. LC PAY ORDEal OF FOR O0 5 N ~~ ......................... -" I L · ,I I? I FEB 11 2003 NOU 21 2002 09:44 FR RKMC 2002 /OLLIER -~/53,825 941 21d l~',qd lU ~ld~lb M.Z~4X~db ~UML].k. AIE COUNTY NOTICE. OF AD VALOREM. TAXES AND NONrAD VALOREM ASSESSMENTS ~ ~ou~ _ ~ ~ ~.,NU..~ , Aw AU.~TO: ~ ~co,~ I 4_~ ~ ~ROWCODE ~ .~, ~o~.~ "~'~ ~, --- 5~6~ 133-64 S_"~.'~ ~1 COCOHATCH~E HOLDINGS LLC ' PO. BOX 1839 0268 ~-~ ' ~_~S~ 1~] T~MP~ FL 336~1-1839 ~'-~1 00186520006-- ~ :~c-~2 48 26 Wt/2 OF W1/2 ~''' $W1/4 OF SE1/4 LE~S R/W 9.23 NO~NLO IMLOlI'M ASSE~SIdEIfll C~UM. Nfl~0VL r.~E COIdIINED TOTAL, PAID - 02/11/18 3,240.79 REC# 30064.09 GUY L. CARLTON - TAX COLLECTOR 0000D186520006 0000337582 0000000000 00000 8 HD DEVELOPMENT, LLC P. o. IK]X II~ TAM~A, FL. ~1 1138 /~HDA rrEH FEB 11 2003 I I L1. ® Ti~C:T ~1 0 FEB 1 1 2003 Map Output Page 1 of 1 FEB 11 2OO3 hrtr~-/Ioi~ rnlllerannrai.qe.r.com/servleffcom.esri.esrimal~.Esrimap- ServiceName--~,.i... <>, 1997 grigg_r From: JohnsonJacquelyn ~'~-~ ~ Page 1 of 1 Sent: Wednesday, October 23, 2002 12:54 PM To: andersonroy; cheatham_.j; grigg_r; mattausch_p Subject: Preserve Estates at Olde Cypress October 23, 2002 Mr. Michael J. Volpe Robins, Kaplan, Miller & Ciresi, L.L.P. Suite 201 711 Fifth Avenue South Naples, FL 34102-6628 Re: Preserve Estates at Olde Cypress Easement Vacation Dear Mr. Volpe: This office has reviewed your request to vacate the easement running north/south between the properties identified by folio number 00185880006 and folio number 00185880006. The Collier County Water-Sewer District has no facilities in the area and we, therefore, have no objection to the vacation of the Utility Easement. Should you have any further questions, please feel free to contact me. Sincerely, Thank you, Jacquelyn R. Johnson Engineering Technician Public Utilities Operations CC: Paul Mattausch, Water Director Joseph Cheathara, Wastewater Director Rick Grigg, Land Surveyor, Community Development 10/23/2002 FEI) 1 1 2003 NOU !~ 2002 12:43 PR RKMC 941 213 1970 TO 92132916 l~,lCtld,[.l,. ~'- ¥OL.P£ 2002 I am thc att~n~cy for ItD D~¢lopmezg, L.LC., a ~odd~ ~tcd ~ comp~Y- l~mit~ 1[~ co~Y hol~ ~e ~c sidle title to a 4~ ~ p~c=l of l~d l~t~ on thc n~ ~6e of~Ok~=c ~o~ w~ch is i~i~ely sou~ of ~d sdjac~t ~ the Olde C~tcss Golfed Co~ ~ub. ~s p~cel ~ lc~y desk, cd ~ folios: ~e We=t ~ ~te ~our~e=t ~ ~ r~ ~o~ ~ o/~ec~on 21. ro~afp ~e 2g ~r, Colli~ Co~, Flori~, L~S ~ ~C~PT the ~ou~h IOO/eer ~ereo~ ~e ~=t ~ of ~e ~t ~ oldie Southw~t ~ o/rAe $o~h~r ~ of ~e~on 21. an~ ~ ~r ~ of ~e 8outh~t ~ af ~ ~r~r ~ oration 2I. ~o~hip ~ange 26 ~att, ~l~r ~, Elorfda. A loc~tiott z~ap is enclose~I to assist yozt tn ~clenti~ug thc 46+~ acre parc · zouexl agticultwal. MY client, however, "'"" ' :'~ ' , . .___ +1,,.. C(}ll,B,t-~ uo L,,,fA.~.*-- ~ ... _ , procm.~ ofp~tiUom~ u~,. ' o,.~= co,~ '~""~'^~ FEB 1 1 20133 NOU 08 2~2 12:43 FR RKMC 941 21~ 1970 TO 92152916 P.03/04 I,i'ovcm~cr !, ~o0~ 1978 ~U ~=~= nON · ' ~u~ .~15 ~-r--~ ' ' .t 131 l~f~ ~w~ ~*~ single ~ly r~~ ..... · nl,2ct, o~ ch~t di~d ~ ...... --- -"- use ~~s is ~clcs~ ' ' 0 ~vc elapsed ~co ~e ~e~ca~on To.~c g~ pubBc , - ~ve dc~~ ~ not o~Y ~o ~e~e de~c~d ~em~ l~d to v~h~, ~ ~c located ~cst enu~y .... r As a par~ of ~c p~mi~g prOCeSS, our client w~l be gra~ting · co~c~on ~em~t owr ~c ~ bu~ by ~c ~~ ~ favm of~e Sou~ Flodd~ Wa~ ~~m~ Di~c~ ~d, as a co~ of i~ zcc~ of~c cons~a~on ~s~, the Dis~c/is req~n~ o~ cli~t to ob~ a v~a~on or,ese ~cm~ ~om ~ Co~ty. Conscqu~Y, o~ cli~ ~ be fi~S a petition ~ CoBicr Co~W to v~ge thee s~a~ ~ you ~Y ~ow, ~ a p~ of ~e applic~on ~oc~s, c~ chcnt is ~~ to no~ you ofi~ ~ed~ 1o Vacate ~e ~s~ts ~d ob~ ~m ~e Ufi~ comp~ ~d au~cd ~, m a~ve slalem~t ~a e~h do~ noi have ~Y objec~on to ~hc ~ be~of~ Dc~elo~cn~ L.L.C., I wo~d a~ae it ~ ~u would re~ cn~OS~ ~d ~y rel~Y~t files ~u may have ~ ~$t you in c~l~nG ~~vely s~ ~ou have nc o~je~onto ~= ~afic~ cf~ ~bject e~~- If~ ~iua~g ~s requc~ ~u Bave ay ~~ ~nc~ ay ad~ ~o~on. please do not h~M~ to ~ mc. O~s=. as~g you ~vc nc obj~on W ~c ~ro~scd v~ion, plebe d~ ~e ~ ~ is ~p~dCd W ~e b~m of~z copy offs lener w~ch ia enclosed ~d ~ it to mc. A p~c~c& ~pcd ~vclopc is ~s~ for ~a ~ ~u ~ ~v~ for ~ ~o~blc aod ~t ~e to ~l£gb Enclosures Very italy yours, Michael 3. FEB 1 12003 . NOU ~8 2~02 12:43 FR RKMC 941 213 197~ TO 92132916 P.O4/W4 STATEIv~E~Cr 01~ ~<00]~;rl~C~, O~ - A FEB I 1 2003 From: Sent: To: Cc: Subject: scott d FridaY, November 01, 2002 10:54 AM grigg_r GarciaGregory Olde Cypress Vacation of ROW The Olde Cypress easement in for review does not serve any purpose for us in regards to future roadway plans, therefore we have no objection to the vacation of this easement. FEB 1 1 2003 COLLIER COUNTY GOVERNMENT STORMWATER MANAGEMENT DEPARTMENT HORSESHOE SQUARE, SUITE 212 2685 SOUTH HORSESHOE DRIVE NAPLES, FL 34104 (941) 732-2501 FAX: (941) 659-5790 September 10, 2002 Mr. Michael J. Volpe Robins, Kaplan, Miller & Ciresi L.L.P. Suite 201, 711 Fifth Avenue South Naples, Florida 34102 Subject: Preserve Estates at Olde Cypress Vacation of Existing Easements Letter of No-Objection Dear Mr. Volpe: The Collier County Stormwater Management Section has reviewed the information provided to vacate two 30'easements for rights of way, drainage, access and utility purposes, on a property known as Preserve Estates at Olde Cypress. These easements are recorded on O.R. Book 484, Pages 523 and 525. The existing easements are not being utilized by this Section, therefore, the Stormwater Management Section has no-objection to the vacation of these easements. If you have any questions regarding this matter, do not hesitate to contact me. rely y Engineer, Senior lCAM/jcam CC: Robert C. Wiley, P.E., Principal Project Manager, Stormwater Management Section Reading File F:\ Easement Vacation\ Preserve Estates at Olde Cypress FEB 1 1 2003 ROBINS, KAPLAN, MILLER & CIRESI ATTORNEYS AT LAW L.L.P. ATLANTA BOSTON CHICAGO LOS ANGELES MINNEAPOLIS NAPLES ORANGE COUNTY SAINT PAUL WASHINGTON, D.C. SUITE 201 711 FIFTH AVENUE SOUTH NAPLES, FL 34102 TELEPHONE (239) 430-7070 FACSIMILE (239) 213-1970 August 23, 2002 MICHAEL J. VOLPE (239) 213-1962 Fire Marshall Karl Reynolds North Naples Fire District 1885 Veterans Park Drive Naples, Florida 34109 ge~ Vacation of Easement - Preserve Estates at Olde Cypress-Olde Cypress PUD Our File No. 100101.0000 Dear Marshall Reynolds: I am the attorney for HD Development, L.L.C., a Florida limited liability company. This limited liability company holds the fee simple title to a 46+ acre parcel of land located on the north side of Immokalee Road which is immediately south of and adjacent to the Olde Cypress Golf and Country Club. This parcel is legally described as follows: The West ~ of the Southeast % of the Southwest ~ of Section 21, Township 48, Range 26 East, Collier County, Florida, LESS AND EXCEPT the South l OO feet thereof. and The West ~ of the West ~ of the Southwest ~ of the Southeast ~ of Section 21, Township 48 South, Range 26 East, Collier County, Florida. and The East ~ of the Southeast ~ of the Southwest ~ of Section 21, Township 48 South, Range 26 East, Collier County, Florida. FEB 1 1 2OO3 Fire Marshall Karl Reynolds August 23, 2002 Page 2 A location map is enclosed to assist you in identifying the 46+ acre parcel of land. The subject parcel currently is zoned agricultural. My clients, however, now are in the process of petitioning the County to rezone the property to PUD zoning for seventy-four (74) single family residences. During the preparation of the rezone petition and permit application to the South Florida Water Management District, our client discovered that in 1972 two of its predecessors in title had each dedicated a thirty (30) foot easement to Collier County for the use and benefit of the general public for road tight-of-way, utilities and drainage to the perpetual use of Collier County. A copy of a sketch showing the location of these dedicated right-of-way easements is enclosed. Although almost thirty (30) years have elapsed since the dedication to the general public of these easements, they have never been used, improved or accepted by Collier County. Indeed, our clients' engineers have determined that not only do these dedicated easements lead to nowhere, they are located almost entirely within a protected preserve/wetland area. As a part of the permitting process, our client will be granting a conservation easement over the lands burdened by these easements in favor of the South Florida Water Management District. And, as a condition of its acceptance of the conservation easement, the District is requiting our client to obtain a vacation of these easements from Collier County. Consequently, our client will be filing a petition with Collier County to vacate these separate easements. As you may know, as a part of the application process, our client is required to notify you of its Petition to Vacate these easements and obtain from the utility companies and authorized users, an affirmative statement that each does not have any objection to the vacation. On behalf of HD Development, L.L.C., I would appreciate it if you would review the enclosures and any relevant files you may have to assist you in evaluating its request for you to affirmatively state you have no objection to the vacation of the subject easements. If in evaluating this request you have any questions or need any additional information, please do not hesitate to call me. Otherwise, assuming you have no objection to the proposed vacation, please sign the statement that is appended to the bottom of the copy of this letter which is enclosed and return it to me. A pre-addressed, stamped envelope is enclosed for this purpose. FEB 1 1 2003 Fire Marshall Karl Reynolds August 23, 2002 Page 3 Thank you in advance for your favorable and prompt response to this request. Very truly yours, ROBINS, KAPLAN, MILLER & CIRESI L.L.P. Michael ~..V. jblpe MJV/rgb STATEMENT OF NO OBJECTION The undersigned has no objection to the vacation of the fight-of-way easements located within the 46+ acre parcel of land owned by HD Development, L.L.C., a Florida limited liability company that were dedicated to Collier County, Florida, for the use and benefit of the general public in 1972. Nc~~ ~ap le~~- 'Fix e~~trict~~''//'''~ By: Fire Marshall Karl Reynolds FEB 1 1 2003 I PL 26430 Old Us 41 Bonita Springs, Florida 34135 Fax: 1-941-947-7345 August28,2002 Robins, Kaplan, Miller & Ciresi L.L.P. Attorneys at Law Mr. Michael J. Volpe 711 Fifth Avenue South, Suite 201 Naples, Florida 34102 Re: Vacation of Easement - Preserve Estates at Olde Cypress-Olde Cypress PUD Dear Mr. Volpe: In reply to your recent request, FPL Company has no objection to the vacation of the right-of-way easements located within the 46 acre parcel of land owned by HD Development, L.L.C., a Florida limited liability company that were dedicated to Collier County, Florida, for the use and benefit of the general public in 1972. If you have any questions regarding this matter, please contact me at 941-947-7361. Sincerely, Jim Merriam Senior Systems Project Manager cc:file an FPL Group Company FEB 1 I 2003 Sprint Box 2469 Naple~, FL 34106-2469 August 29, 2002 Mr. Michael J. Volpe Robins, Kaplan, Miller & Ciresi L.L.P. 711 Fifth Avenue South, Suite 201 Naples, Florida 34102 Re: Vacation of Easement- Preserve Estates at Olde Cypress-Olde Cypress PUD File No. 100101.0000 Dear Mr. Volpe: In response to your letter dated August 23, 2002, regarding the vacation of right-of-way easements located within the 46+ acre parcel of land owned by HD Development, L.L.C., this is to advise that Sprint-Florida, Inc. has no objection to the vacation of the right-of-way easements located within this parcel. If we can provide additional information, please contact me at 263-6276. Sincerely, Robert B. Whaley Engineering Manager - Naples RBW/jw ~A rt'Oa FEB 1 1 2O03 ( omcast 301 Tower Road Naples, FL 34113 Telephone: 94t-732-3819 FAX: 941-992-t289 August 27, 2002 Robins, Kaplan, Miller & Ciresi, LLP CIO Michael J. Volpe 711 Fifth Av South #201 Naples, FL 34102 Re: Request for a Letter of Review and Recommendation on a Proposed Easement Vacation of the Following Location: Preserve Estates at Olde Cypress-Olde Cpress PUD Dear Michael J Volpe, Comcast has no existing utilities in the above referenced location and has no objection with the vacation of the above referenced utility easement. ,Si nce~ Brian Payne Construction Manager FEB 1 1 2003 EXECUTIVE SUMMARY APPROVAL OF A SPECIFIC EXPENDITURE FOR AN AFFORDABLE HOUSING LENDERS' WORKSHOP SPONSORED BY THE FINANCIAL ADMINISTRATION AND HOUSING DEPARTMENT OBJECTIVE: To have the Board of County Commissioners (BCC) declare this specific expenditure to have a "valid public purpose" in order to educate area lenders participating in the County's SHIP Program of a new Homebuyer Education Initiative launched by the County and to provide regulatory updates. CONSIDERATIONS: On October 7, 2002, the Financial Administration and Housing Department (FAH) and the Collier County University Extension Department jointly hosted a Lenders' Workshop at the Red Lobster restaurant. The purpose of the workshop was to kick off and educate area lenders participating in the County's SHIP Program of a new Homebuyer Education Initiative launched by the County, to provide required regulatory updates to the lenders, and to clarify qualifications for 1 st time homebuyers assistance. The total cost of the workshop (which included food, drinks, setup, private meeting room, and mandatory gratuity) was $342.77 or approximately $8.16 per attendee including county personnel. The cost of the workshop was split evenly between FAH ($171.39 was paid by department's purchasing credit card) and the Collier County University Extension Department (check for $171.38). The Clerk of Courts Finance Dept. has stated that the portion of the bill that xvas paid by FAH would not be paid without an authorization fi.om the BCC, declaring that this expenditure be recognized as having been disbursed for a "valid public purpose". As stated in Collier County Resolution No. 2001-121 (attached), similar expenses do qualify as a valid "public purpose", in that it states "...planning workshops expenditures for refreshments .... serve the valid public purpose of promoting and engendering good will toward County Government and increasing productivity and for those reasons are approved for future training sessions, job fairs and open houses, kick-offmeetings and planning workshops". Experience has shown that a soup and salad luncheon attracts the greatest number of SHIP lenders due to the fact that their schedules make it very difficult for them to attend during working hours. This event attracted 42 lenders. A meeting during the workday would likely have attracted less than half this number. FISCAL IMPACT: The cost for FAH's portion of the bill in question is $171.39. This expense will be paid from our existing departmental operating budget. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. RECOMMENDATION: above noted expenses incurred for a "valid public purpose". That the Board approves this $171.39 expenditure in payment of the FEI3 1 1 2003 Michael Levy, AdministratiVe As., Financial Administration and Hou ' g Codnac Giblirl4~o~pment Manager, Financial Admin. & Housing De~y Baker, Direct¢, Fin~cial Administration and Housing ~seph Sc~iit, ~dminist~ator, CDES Division FEB 11 2003 ~SOCUTION ~O. 2001- ~ 2. I A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA. APPROVING TIlE EXPENDITURE OF COUNTY FUNDS FOR FLrl'I. JR.E COUNTY TRAINING SESSIONS, JOB FAIRS, OPEN HOUSES, ORIENTATION SESSIONS, KICK-OFF MEETINGS, PLANNING WORKSHOPS AND EMPLOYEE RECOGNITION MEETINGS, LUNCHEONS AND DECLARING THAT SAID EXPENDITURES ARE AL'THORIZED AS SERVING A VALID PUBLIC PURPOSE. WHEREAS. the Board of County Commissions regularly holds training and orientation sessions for the enhancement of employee skills; and V,,'HEREAS. the Board of Count)., Commissioners regularly holds job fairs and open houses to atlrac! qualified j ob applicants: and WHEREAS. the Board of County Commissioners regularly holds planning workshops Io d~'velop and promote the goals of County divisions and departments: and WHEREAS. refreshments such as donuts, muffins, pastries, cookies, coffee, tea. juice, soda. pizza, sandwiches and light snacks have been and will be made available to those auending these sessions, fairs, open houses, employee recognition meelings.'luncheons, kick-off meetings and workshops, and supplies, such as napkins. cups. plastic utensils, paper plates, tablecloths, and coffee stirrers are used for the sessions, fairs, open houses, kick-off meetings and workshops; and WHEILEAS, Collier County Ordinance No. $'~-5 allows for expenditures of County funds to enhance Cotmty employee productivity, and recognizes that the promotion and engendering of good will toward the County is an important factor affecting the pride of County employees in lheir work. provided that the Board of County Commissioners adopts or has adopted an implementing resolution setting forth the specific purposes of the expenditures; and V, rHEREAS, the Information Technolog)' and Purchasing staffh¢ld an employee r~cognition luncheon ." meeting on March 6, 2001 al which costs in the amount of $186.00 were incurr~:l for hamburgers, salads, desserts and soda: and WHEREAS, the Board of County Commissioners shall, in the future hold training s~ssions, job fairs, open houses, kick-offmeelings, planning workshops, and employee r~,ognilion meetings, luncheons at which ~xpendirures for refreshments such as donuts. muffins, pastries, cookies, coffee, tea. juice, soda. pizza, sandwiches, light sna4 ~ ~~ FEB 11 2003 napkins, cups. plastic utensils, paper plates, tablecloths and coffee stirrers will be incurred. NOW THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. that: I. The Board fia'ther finds that for future ~-aining sessions, job fairs, open houses, kick-off meetings, employee recognition meetings/luncheons, planning workshops expenditures for refi'eshments such as donuts, muffins. pastries, cookies, coffee, tea. juice, soda pizza, sandwiches, light snacks. napkins, cups, plastic utensils, paper plates, tableclo~s and coffee stirrers se~,e the valid public purpose of promoting and engendering good will toward Count)' Government and increasing productivity and for those reasons are approved for future training sessions, job fairs and open houses, kick-off meetings and planning workshops. The Board hereby authorizes disbursement of moneys to pay for said expenditures. 2 The expenditures in the amount orS186.00 for the haformation Technology and Purchasing staff employee reeogni~,ion luncheon / meeting held on March 6. 2001 are hereby found by the Board to serve a valid public and are ratified and approved. The specific expenditures ratified and approved are cheeseburgers, salads, desserts, sodas, paper plates, cups. napkins and plastic utensils. 3 This Resolution repeals Resolution No. 98-478, This Resolution adopted after motion, second and majorily vote favoring same. DATED ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK. Clerk COLLIER COUNTY. FLORIDA Atl~st as to Chairman's Signature only Approved as to form and Legal sufficiency: By: James D. Caner, Ph.D., Chairman FEB 11 2003 LENDER'.5 WORK.SHOP October 7, 2002 Red Lobster Welcome and Introductions tarmac Giblin SHIP Program Background ¢ormoc Giblin University Extension Partnership Denise Blanton Home Ownership Education Programs Bonnie Fauls, Marcy KrLtmbine New Lender ~uidelines Louren Beard Sponsored by: , (:::OLLIER COUNTY ~OVERNMENT Financial Administration & Housing Dept. University Extension Dept. Co'er Coanty FEB 1 1 2003 ATTENDEE LIST FOR THE LENDERS' WORKSHOP NAME OF COMPANY Collier County Housing Naples Realty Northstar Mortgage Rural Development Parascando Construction Market Street Sun Trust Loan Consortium Mortgagease Mortgage Depot Fifth Third Bank Leawood Lakes University Extension Services Other - late amvals Total Attendees #OFATTENDEES 4 2 2 2 3 4 1 1 2 4 4 1 4 8 42 FEB 11 2003 EXECUTIVE SUMMARY CODE ENFORCEMENT LIEN RESOLUTION APPROVALS OB,]ECTIVE: For the Board of County Commissioners to adopt separate Resolutions assessing separate liens against certain parcels identified in the Resolutions in order to recover public funds expended to affect the abatement of public nuisances at such locations, all as provided for in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the Collier County Litter, Weed and Exotics Control Ordinance. CONSIDERATIONS: Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, mandates the Board to impose a lien against property when an invoice to recover public funds expended to affect the abatement of a public nuisance is not paid at the expiration of twenty (20) days of the date of the notice. The following property owner's have not remitted the invoiced amounts. LCase No. Owner of Record Case Summary Lien Amount a. Violation determined 10/22/02 b.Notice of Violation served n/a 2002100731 Avila, Filomeno & Maria J. c.Notice of Violation Posted 11/12/02 $255.00 &Unabated nuisance verified 11/22/02 e. Nuisance abated with public funds 11/27/02 f. Owner invoiced for costs 12/05/02 a. Violation determined 11/13/02 b. Notice of Violation served n/a 2002110352 Gillis, Albena J. c.Notice of Violation Posted 11/13/02 $255.00 d.Unabated nuisance verified 11/25/02 e.Nuisance abated with public funds 11/27/02 f. Owner invoiced for costs 12/05/02 Upon the Board's adoption of the Resolutions, copies of such and the Legal Notices of Assessment will be mailed to the respective property owners. If the property owners fail to pay the amoun1~ specified in the respective Resolutions within twenty (20) days hereof, the Clerk to the Board will record the Resolutions in the official records of the County. FISCAL IMPACT: A total reimbursement of $510.00 may be anticipated by voluntary action or foreclosure. The only expense projected to be incurred by the County is the cost of recording the Liens, which is estimated to be approximately totaling $25.00, which is budgeted and available in the current Enforcement budget. $12.50 p~ ltcn~Al~ ' fiscal yearlCo -3 1 FEB ll 2003 GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolutions. PREPARED BY: Iliana Martinez, Customer Service Speciali~.~ Code Enforcement REVIEWED B Y: DATE: JaneffPowers, Operations Manager Code Enforcement SUBMITTED BY: DATE: t/~,'3/0 2> Michelle Edwards Arnold, Director Code Enforcement APPROVED BY: ~°~m~ uKn i tSyCDh emv~e~'o~dm ermn~ ~r~n°; i ro n m e n t al Services DATE: J -g?-c~ DATE: FEB 11 2003 BOARD OF COUNTY COMMISSIONERS THROUGIt ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN AVILA, FILOMENO & MARIA J DATE: 5590 16TM PL SW NAPLES, FI, ~M116 REF. INV.# 2236 FOLIO #: 35987920003 LIEN NUMBER: LEGAL DESCRIPTION: Lot 13, Block 87, Golden Gate Unit No. 3, according to the Plat thereof recorded in Plat Book 5, Page 100, of the Public Records of Collier County, Florida.. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 13, and constituted a violation of county regulations on November 22, 2002, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 9%51. as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED FIFTY-FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MS'IR LNAL FEB 11 2003 ~,.. 1 2 3 4 5 6 7 8 9 10 Il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 RESOLUTION NO. 2003-__ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such proper~y; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot 13, of the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the ortner(s) of said property, is hereby assessed the following costs of such abatement, to NAME: FILOMENO & MARIA J. AVILA LEGAL DESCRIPTION: Lot 13, Block 87, Golden Gate Unit No. 3, according to the Plat thereof recorded in Plat Book 5, Page 100, of the Public Records of Collier County, Florida. COST: $255.00 REFERENCE#: 2236 FOLIO #: 35987920003 The Clerk shall (by regular U.S. mail) mail a cop3' of this Resolution along with the Notice of Asscssment of Lien to the owner(s) of the above-described property. If within t~enly (203 days of the date of mailing that copy, the owner fails to deliver payment in full to Collier Count5. the Resolution and Notice of Assessment shall be recorded in the official records of Collier County. and by recording shall constitute a lien against the above-described real property, and to the extent ailowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of 2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney BY: Tom Henning ,Chairman FEB 11 2003 F: LIEN/MSTR RESOLUTION BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN GILLIS, ALBENA J. DATE: 20201 PLYMOUTH RD APT 1005 DETROIT, MI 48228 REF. INV.# 2237 FOLIO # 36451080009 LIEN NUMBER: LEGAL DESCRIPTION: Lot 16, Block 259, Unit 7 Part - Golden Gate according to plat thereof recorded in plat book 5 page 139 of the Public Records of Collier County, Florida You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 16, and constituted a violation of county regulations on November 25, 2002, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of xiolation upcm you. The nuisance is: WEEDS: ACCLBIULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTtt IN EXCESS OF EIGHTEEN (18) INCHES. You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-tt[rNDRED FIFTY- FlVE ($255.00) DOLLARS, Such cost. by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF. YOUR PROPERTY IN COLLIER COUN~I'Y. F: LIENS/MSTR LNAL AGENOA nl~ FEB 11 2003 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 ,15 46 47 49 50 51 52 53 54 55 56 57 58 59 60 RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than t~a'enty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot 16, of the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said properly, is hereby assessed the following costs of such abatement, to wit: NAME: GILLIS, ALBENA J. LEGAL DESCRIPTION: Lot 16, Block 259, Unit 7 Part - Golden Gate according to plat thereof recorded in plat book 5 page 139 of the Public Records of Collier Count.,,', Florida. COST: $255.00 REFERENCE#: 2237 FOLIO #: 36451080009 The Clerk shall (by regular U.S. mail) mail a cop3' of this Resolution along with the Notice of Assessment of Lien to the owner(s) of tine above-described property. If ,,vitlfin tx~enty (20) days of the date of mailing that cop3', the owner fails to deliver payment in full to Collier Count.',', tine Re'solution and Notice of Assessment shall be recorded in the official records of Collier County, and bv recording shall constitute a lien against the above-described real property, and to the extent ailowed by law, shall also be a lien upon all other real and/or personal property owned by tine noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of Coun. ty Commissioners of Collier County, Florida, this day of 2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk Approved as to form and legal sufficiency: Thoma[ C. Palmer, Assistant County Attorney LIEN/IdSTR RESOLtlTION BY: Tom Henning ,Chairman FEB 11 2003 EXECUTIVE SUMMARY APPROVE 2003 TOURISM AGREEMENT WITH NAPLES BOTANICAL GARDEN FOR TOURIST DEVELOPMENT SPECIAL MUSEUM GRANT OF $500,000 OBJECTIVE: Board approval of the 2003 Tourism Agreemem with Naples Botanical Garden acknowledging the $500,000 Tourist Developmem Special Museum Gram approved by the Board in May 2002. CONSIDERATIONS: On April 15, 2002, the TDC considered the Tourist Developmem Special Museum gram application for FY03 from Naples Botanical Garden in the amoum of $500,000 for the Naples Botanical Garden Preview Project. Upon presemation and discussion, TDC voted 8-1, Vaccaro disseming, to recommend Board approval of the grant application. On May 28, 2002, the Board of Coumy Commissioners considered the FY03 Special Museum Grant application and TDC recommendation, approving the grant unanimously (5-0). The proposed agreemem provides for the reimbursement of allowable expenditures under the gram and remains in effect through September 30, 2003. Any extension of the agreement term requires the express consem of the Board of County Commissioners. FISCAL IMPACT: Funds are budgeted in FY03 Tourist Development Tax Fund 193 to fund this $500,000 grant. GROWTH MANAGEMENT IMPACT: There is no growth management impact regarding this action. RECOMMENDATION: with Naples Botanical PREPARED BY: DfE.-,,i eu,WW~'~la-c e ~'~IJir e c t o r of County Commissioners approve 2003 Tourism Agreement authorize the Chairman to sign the agreement. CDES Operations Departmem RrVmWED BY: SteveVtfarnell, ~u~chasing Director Purchasing Department APPROVED BY:;~ator DATE: !¢;~/t/~ //Community Developmem & Environmemal Services Divisio: FEB 1 1 2003 2003 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE NAPLES BOTANICAL GARDENS THIS AGREEMENT, is made and ~t~ered into this day of , 2003, by and between the Naples Botanical Gardenf, Inc., a Florida not-for-profit corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY". WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated for the promotion of tourism in Collier County nationally and internationally, for the promotion and advertising of activities or events intended to bring tourists to Collier County and, inter alia, to construct, extend, enlarge and improve museums owned and operated by not-for-profit organizations and open to the public; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax funds to begin site work for the Naples Botanical Gardens project located on Bayshore Drive; and WHEREAS, The Tourist Development Council has approved this request for funding with Tourist Development Tax proceeds; and WHEREAS, The Collier County Board of County Commissioners has approved the funding request of the GRANTEE; and NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREm AS FOLLOWS: H FEB 1 1 2003 1. SCOPE OF WORK: (a) In accordance with the authorized expenditures as set forth in the Budget of the GRANTEE, attached hereto as Exhibit "A", the GRANTEE agrees to begin site work for the Naples Botanical Garden project, (hereinafter "the Project"). 2. PAYMENT: (a) The amount to be paid under this Agreement shall be Five Hundred Thousand Dollars ($500,000). The GRANTEE shall be paid in accordance with fiscal procedures of the County for the expenditures incurred as described in Paragraph 1 herein upon submittal of invoices and upon verification that the services or work performed as described in the invoice(s) have been completed or that the goods have been received. (b) GRANTEE shall determine that the goods and services contracted for have been properly provided, and shall submit invoices to the County Manager or his designee for review. (c) The County Manager or his designee shall determine that the invoice payments are authorized and that the goods or services covered by such invoice[s] have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization for the expenditure[s] described in the invoice[s]. (d) All expenditures shall be made in conformity with this Agreement. (e) Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding documentation such as vendor invoices and proof of receipt of the goods or performance of the services invoiced. (f) GRANTEE shall certify to the COUNTY in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. 2 ! FEB112003 I i (g) The COUNTY shall not pay GRANTEE until the Ex-Officio Clerk of the Board of County Commissioners pre-audits all payment invoices in accordance with law. (h) GRANTEE shall be paid for its actual costs, not to exceed the total amount for any line item nor the maximum amount budgeted pursuant to the attached "Exhibit A". (a) COUNTY. (b) ELIGIBLE EXPENDITURES: Only eligible the expenditures described in Paragraph one will be paid by COUNTY agrees to pay eligible expenditures incurred between October 1, 2002 FEB 11 2003 3 for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY - Statutor and the expiration of this agreement. (c) Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay said funds. (d) COUNTY may request repayment of funds for a period of up to three years after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: (a) GRANTEE shall submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The certificate of insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance (c) The Certificate of Insurance must be delivered to the County Administrator or his designee within ten days of execution of this Agreement by the COUNTY. The GRANTEE shall not commence promotional and advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY. 5. REPORTS: (a) GRANTEE shall provide to County reports every six months on the duties performed and services provided by GRANTF~F-, its vendors or subcontractors. (b) The report shall identify the amount spent, the duties performed, the services provided and the goods delivered during the preceding six months. 6. CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph 1. (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. (c) GRANTEE agrees to disclose any financial or other relationship between GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. (e) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. 4 FEB 1 1 2003 7. INDEMNIFICATION: (a) The GRANTEE shall hold harmless and defend the COUNTY, and its agents and employees, from any and all claims, suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed hereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. The GRANTEE's obligation under this provision shall not be limited in any way by the contract price as shown in this Agreement or the GRANTEE's limit of or lack of, sufficient insurance protection. 8. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Ms. Sondra Quinn President/C-OE. ~2 Naples Botanical Garden~ 4820 Bayshore Drive, Suite D Naples,. Florida 34112 served All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly if mailed by registered or certified mail to the COUNTY to: Administrator Community Development & Environmental Services Divi:;ion 2800 N. Horseshoe Drive Naples, Florida 34104 The GRANTEE and the COUNTY may change the above mailing addresses at any time upon giving the other party written notification pursuant to this Section. FEB 1 1 2003_ 5 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to constitute the GRANTEE, or. its vendor or subcontractor, as an agent or employee of the COUNTY. 10. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this agreement and shall provide all information and documantation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. 11. TERMINATION: (a) The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination specifying the effective date of termination. (b) If the GRANTEE for all COUNTY terminates this Agreement, the COUNTY will pay the expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors, up to the effective date of the termination so long as such expenses are eligible. 12. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement must be recorded, and all expenditures must be incurred within the term of this Agreement. 13. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement for a period of three (3) years. GRANTEE agrees that the COUNTY, or any of its duly authorized representati until the expiration of three (3) years after final payment under this Agreement, have 6 acccg's~q:)l 12003 and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving any transactions related to this Agreement. 14. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 15. TERM: This Agreement shall becon~ effective on October 1, 2002 and shall remain effective for one year until September 30, 2003. If the project is not completed within the term of this agreement, all unreleased funds shall be retained by the COUNTY consistent with the provisions of paragraph eleven (11) herein. Any extension of this agreement beyond the one year term in order to c°mplete the Project must be at the express consent of the Collier County Board of County Commissioners. The GRANTEE must request any extension of this term in writing at least thirty (30) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one year. 16. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the County Administrator or his designee, along with a final budget analysis by November 30, 2003. 17. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County as one of the sponsors. 18. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year written. 7 first above FEB 1 12003 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Tom Henning, Chairman Printed]Typed Name Printed/Typed Name GRANTEE: ,JZ NAPLES BOTANICAL GARDENS, INC. Printed/Typed Name Approved as to form and legal sufficiency Heidi F. Ashton Assistant County Attorney (corporate seal) 8 FEB 1 I 2003 EXHIBIT "A" Naples Botanical Garden Garden Preview Project Budget Funds are approved to: · Create a 30-foot wide gated entrance on Bayshore Drive, 900 feet from the intersection of Bayshore and Thomasson; Secure approximately $1800 linear feet of the site with decorative perimeter wall and landscaping from Events entrance to Thomasson Drive, down Thomasson to the research center entrance; · Secure remaining portion of site perimeter with approximately 12,000 linear feet of fencing and landscaping where appropriate. For all of the above in the aggregate: Design Engineering General Requirements Materials Landscape/Irrigation Specialties Total $ 40,000 $ 31,000 $252,OOO $117,000 $ 60,000 $500,000 h:HFA\~Naples Botanic. al Gardens2003 FEB 11 APPROVAL OF $68,220.00 EXECUTIVE SUMMARY ONE (1) IMPACT FEE REFUND REQUEST TOTALING OBJEC3'IVE: To obtain Board of County Commissioners approval of one (1) Impact Fee refund request totaling $68,220.00 CONSIDERATIONS: Following recent discussions between county staff and the staff of the Clerk of Courts, it has been jointly determined that requests for impact fee refunds will now be forwarded to the Board for approval. Until recently, such requests were approved at the Division Administrator level; however, no County regulation expressly gave such authority. Staff is presently preparing an ordinance to amend Ordinance No. 2001-13, as amended, the Collier County Consolidated Impact Fee Ordinance, which is also Chapter 74 of the Collier County Code of Laws and Ordinances. Among the various updates to administrative provisions regarding impact fee assessments will be specific criteria and procedures for processing routine and non-routine requests for impact fee refunds. Dolphin Cove Development of Goodland, Inc. (68,220.00) - On November 28, 2000, Agenda Item 13.A.(1), the Board revoked Building Permit No.2000080869 for the Dolphin Cove condominium development and gave staff direction not to issue any other permits authorized by Site Development Plan No.98-40. However, neither the text of the executive summary nor the Board's approved motion included express language authorizing the refund of impact fees previously paid on February 10, 1999 for Building Permit No. 1998101339. FISCAL IMPACT:. The recommended Impact Fee refund will be transacted as debit entries against the applicable revenue budget line items in the following amounts: Community and Regional Parks - Library - Jail - Emergency Medical Services - School - Total: $23,120.00 $ 7,220.80 $ 4,719.20 $ 80.00 $33,080.00, $68,220.00 This refund will not adversely affect capital project funding. GROWTH MANAGEMENT IMPACT;. Remittance of the requested Impact Fe refund will not adversely affect capital project funding. FEB 1 1 Impact Fees Refunds Page 2 RECOMMENDATION: That the Board of County Commissioners approves the requested Impact Fee refund request, totaling $68,220.00; and that the Board approves any related budget amendments that may be required. SUBMITTED BY: Amy Paterson, Impact Fee Coordinator APPROVED BY: FEB 1 I 2003 COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Building Review and Permitting Department 2800 North Horseshoe Drive Naples, Florida 34104 November 29 2000 VIA FAX: 261-0884 and 261-9782 and Certified Mail Mr. John Passidomo, Esquire Cheffy, Passidomo, Wilson & Johnson 812 5ti' Avenue South, Suite 201 Naples, FL 34102 RE: Dolphin Cove Project in Goodland Dear Mr. Passidomo: Pursuant to Board of County Commissioners' action of 11/28/00 relative to Agenda Item 13(A)(1) (Appeal of Planning Director's Official Interpretation concerning the above referenced project), whereby the Board upheld the appeal by the Goodland Civic Association, we are hereby revoking Permit #2000 080869 and will not issue Permit #2000 081407 nor any other permits authorized by SDP 98'40. I am faxing this letter to you so that you might have notification at the earliest possible opportunity; however, I will be following up by sending this letter to you certified mail. If you have any questions, please feel free to give me a call at 403-2437. Si je.r, ly, ;;~:~.~/~w'ard S. Perico, Director ..' Building Review and Permitting xc: David Weigel, County A'~:torney Marjorie Student, Assistant County Attorney Robert Mulhere, Planning Services Director PHONE (941) 403-2,t00 FAX (9,11) 643-3266 FEB 1 1 2003 Permit Payment Fee History Report CDPRll21 - Permit Payment Fee History Report PAYMENT SLIP NBR: PT-1998101339 PERMIT NBR TYPE STATUS 1998101339 BR4 CANCEL JOB DESCRIPTION M/F-40 CNDO-5 STY-2692 AMPS CERT NBR DBA 20318 CREMIAo LEONARD F. OWNER INFORMATION AQUA CIRCLE INC 985 AQUA CIR NAPLES, FLC071 341027416 MASTER NBR 1998101339 JOB PHONE (941)936-1316 TR NBR FEE CODE 101132 08BAPM 101132 19APFA 115903 42WSDC 115903 08BCAI 115903 08BPNP 115903 08CPNP 115903 08EMSI 115903 08FPRF 115903 08FUMI 115903 08LIBR 115903 08MFR4 115903 08MFSG 115903 08RDGS 115903 08RGPK 115903 08SCHI 115903 08BACR 164549 08BPXN DESCRIPTION BLDG. PERMIT ADDIT. AP N ADEOUATE PUBLIC FACILI N WATER SYSTEM CHARGE N BLDG.CODE CERT. SURCHA N BLDG PERMITS - NAPLES N COMMUNITY/REGIONAL PAR N EMS IMPACT FEES UNINC. N FIRE PLAN REVIEW FEE N FIRE INSP-<75'-MARCO I N LIBRARY IMPACT FEE-UNI N DIST 4 ROAD IMPACT FEE N MICROFILM SURCHARGE N BLDG. PERMIT SURCHARGE N REGIONAL/COMMUNITY PAR N SCHOOL BOARD IMPACT FE N BLDG. PERMIT APP. FEE N PERMIT EXTENSION-NAPLE N WAIVE STATUS POSTED POSTED POSTED POSTED POSTED POSTED POSTED POSTED POSTED POSTED POSTED POSTED POSTED POSTED POSTED POSTED POSTED TOTAL DUE TOTAL PAID AMOUNT DUE AMOUNT PAID DATE PAID 4,632.60 50 00 0 00 440 91 21,751 00 15,960 00 80 00 2,321 10 1,123 82 7,220.80 37,400.00 2.00 440.91 7,160.00 33,080.00 -4,632.60 500.00 4,632.60 10/23/1998 50 00 10/23/1998 0 440 21,751 15,960 8O 2,321 1.123 7,220 37,400 2 00 2/10/1999 91 2/10/1999 00 2/10/1999 00 2/10/1999 00 2/10/1999 10 2/10/1999 82 2/10/1r ~ 80 2/10/1 00 2/10/1999 00 2/10/1999 440.91 2/10/1999 7,160.00 2/10/1999 33,080.00 2/10/1999 -4,632.60 2/10/1999 500.00 11/9/1999 127,530.54 127,530.54 Collier County CD-Plus for Windows 95/98/NT Printed on: 1/2 Page 1 of 1 FEB 11 2003 /20~i1' ~'-"~ a- ~ Permit Payment Fee History Report CDPRll21 - Permit Payment Fee History Report PAYMENT SLIP NBR: PT-2000080869 PERMIT NBR TYPE STATUS MASTER NBR 2000080869 BR4 REVOKE 2000080869 JOB DESCRIPTION JOB PHONE REAPP ~1998101339-M/F-40 CNDS-5 STRY-2 CERT NBR 15853 DBA VANDERBILT BAY CONSTRUCTION OWNER INFORMATION DOLPHIN COVE DEVELOPMENT OF GOODLAN, INC P.O BOX 158 MARCO ISLAND, FL 34146 TR NBR FEE CODE 212603 08BAPM 212603 08JAIL 316879 08BREV 316879 06REIN1 DESCRIPTION BLDG. PERMIT ADDIT. AP JAIL IMPACT FEE PERMIT REVISION REINSPECTION 1 WAIVE STATUS N POSTED N POSTED N POSTED N POSTED TOTAL DUE TOTAL PAID AMOUNT DUE AMOUNT PAID DATE PAID 11,019.50 11,019.50 8/11/2000 4,719.20 4,719.20 8/11/2000 36.00 36.00 2/21/2002 25.00 25.00 2/21/2002 15,799.70 15,799.70 Collier County CD-Plus for Windows 95/98/NT Printed on: Page 1 of 1 FEB 11 2003 r24/2003 9: 12:29AM EXECUTIVE SUMMARY FINAL ACCEPTANCE OF W]%TER UTILITY FACILITIES FOR THE DUNES, PHASE I OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water facilities. CONSIDEP~%TIONS: 1) The Developer of The Dunes, Phase 1, has constructed the water facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on January 29, 2001, in accordance with Ordinance 2001-57. 3) Staff has recorded all appropriate legal documentation which had been reviewed by the County Attorney's office for legal sufficiency. 4) The water facilities have been operated and maintained by the Collier County Water-Sewer District during the one 1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), in the form of a Cash Bond, in the amount of $19,369.90, will be released to the Project Engineer or the Developer's designated agent upon the Board's approval. 7) Water Facilities have been reviewed by Roy Anderson of Public Utilities. He has approved Executive Summary for Final Acceptance via email dated January 13, 2003. FISCAL I~ACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water facilities will be paid by monthly user revenues. FEB 11 2003 Executive Summary The Dunes, Phase 1 Page Two GROWTH ~ IMPACT: This project has been connected to the County Regional Water Treatment Plant. Capacity presently exists to serve this project. RECOMMENDATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water facilities for The Dunes, Phase 1, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Sherry Ea-~n, Engineering Technician Engineering Services Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Services Director /Da'ce APPROVED BY: Joseph,' Schnvit t, Administrator COMM~TY DEVELOPMENT AND ENVIRONMENTAL SERVICES attachment s Date FEB 11 2003 FEB 1 I 2003 ..... 1811019304 Drawer:. Comerica Bank .' ? ~OOq,' ~:0 88000'°' &8': 68"' i,O ~8[,0 ,aiGENDA ITl~, FEB 1 1 2003 Official Receipt- Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number Date Post Date I Payment Slip Nbr [ 236744 12/06/2000 12:29:21 PM 12/06/2000 I MS 79300 VANDERBILT PARTNERS II, LTD. THE DUNES, PHASE 1 Payor: VANDERBILT PARTNERS Fee Information i Fee Code '~ 12BOND Description ~GL Account ~ DEPOSITS-COMM DEV (CASH BOND~)67000000022011300000 Total Amount Waived $19369.90 $19369.90 Payments tPayment c°de I Acc°unt/check Number 1 Am°unt t CHECK 1598186360 $19369.90 Total Cash $0.00 Total Non-Cash $19369.90 Total Paid I $19369.901 Memo: Cashier/location: GARRETT_S / 1 User: NIX._S Collier County Board of County Commissioners CD-Plus for Windows 95/NT I 11 2003 FEB Pdnted:lz/uu/zuuu 1 z:zu:oo r,v, E~C~I~ S~Y FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR THE DUNES, PHASE 2-A OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water facilities. CONSIDERATIONS: 1) The Developer of The Dunes, Phase 2-A, has constructed the water facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on September 12, 2001, in accordance with Ordinance 2001-57. 3) Staff has recorded all appropriate legal documentation which had been reviewed by the County Attorney's office for legal sufficiency. 4) The water facilities have been operated and maintained by the Collier County Water-Sewer District during the one 1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), in the form of a Cash Bond, in the amount of $29,391.85, will be released to the Project Engineer or the Developer's designated agent upon the Board's approval. 7) Water Facilities have been reviewed by Roy Anderson of Public Utilities. He has approved Executive Summary for Final Acceptance via email dated January 10, 2003. FISCAL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water facilities will be paid by monthly user revenues. FEB 11 2003 Executive Summary The Dunes, Phase 2-A Page Two GROWTH ~ IMPACT: This project has been connected to the County Regional Water Treatment Plant. Capacity presently exists to serve this project. R~COMMENDATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water facilities for The Dunes, Phase 2-A, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Sherry E~ton, Engineering Technician Engineering Services Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Services Director / 6at~ APPROVED BY: Joseph/K/ Schmit~ Administrat SERVICES I:'EB 1 I 2OO3 Gulf of Mexico LEGAL DESCRIPTION: Section 20. Township 48, Range 25, The Dunes, Phase Two, Parcel 6 FEB 11 2003 Board of County OP~DER OF Commissioners 29,'391.85 Drawer:, R:U,~=~ater/Sewer Acceptance Bond A~h0~zed 's~d ~ Integrated Payment Systems Inc.~ S gnalure To C~nk {New Yo~ State Buffaio N Y ' "" ?aOOq," ~:O a aOOOS~8~:~8,' ~O ~8 hO FEB 11 2003 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt i Trans Number Date ~ Post Date ] Payment Slip Nbr !285247 9/5/2001 11:17:56 AM 19/5/2001 I MS 89232 VANDERBILT PARTNERS THE DUNES, PHASE 2-A Payor · VANDERBILT PARTNERS Fee Information Fee Code Description GL Account Amount Waived ; 12BOND DEPOSITS-COMM DEV (CASH BOND) 67000000022011300000 Total $29391.85 $29391.85 Payments Payment Code Account/Check Number Amount CHECK 173646254 $29391.85 Memo: Total Cash Total Non-Cash Total Paid $0.00 $29391.85 $29391.85 Cashier/location: GARRETT S / 1 User: NIX S Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed: FEB 11 2003 512001 11:18:49 AM EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE THE EARLY EXCAVATION OF THE LAKE SYSTEM AT THE PROPOSED ARROWHEAD PUD LOCATED IN SECTION 31. TOWNSHIP 46 SOUTH, RANGE 29 EAST, BOUNDED ON THE SOUTH AND WEST BY LAND ZONED A-MHO, ON THE EAST BY CARSON ROAD AND LAND ZONED A-MHO, AND ON THE NORTH BY LAKE TRAFFORD ROAD AND LAND ZONED AGRICULTURAL OBJECTIVE: To permit the clearing for and excavating of approximately 32 acres of lakes in the proposed Arrowhead PUD prior to the Final Development Order for the project. CONSIDERATIONS: The Land Development Code requires that a final Development Order (Site Development Plan or Plans and Plat) be in place prior to starting construction activities of any sort on any site. These construction activities include clearing and excavating, which are always among the first items of work. Arrowhead PUD is "affordable housing" according to local standards. The site is mostly clear and the on-site vegetated areas are in preserves shown on the Master Site Plan, so very little clearing of woody vegetation is required prior to excavating. The developer has stated that early clearing and earthwork will facilitate the speed with which the project will come on line and he is requesting permission to clear and excavate upon BCC approval of this item. Clearing prior to Development Plan approval or building permit issuance is not allowed in Collier County because we do not want speculative clearing and filling of large tracts of land, and there is always the possibility that the developer will be unable to finish or to restore the site. If there is sufficient guarantee that will not happen, then Engineering Staff has no objection to issuance of an early excavation permit on this site. FISCAL IMPACT: The Community Development Fund, Development Services (113) will receive approximately $1664.00 in application and excavation fees. A security bond in the amount of $25,000 must be posted prior to permit issuance. GROWTH MANAGEMENT IMPACT: None FEB 1 1 2003 ENVIRONMENTAL ISSUES: County policy has been to not allow clearing or lake excavation until construction is imminent, out of fear that large tracts of land would be cleared, excavated, and filled on speculation. Environmental review is concerned about any precedent that might be set by allowing this work to be done early. HiSTORICAL/ARCHAEOLOGICAL IMPACT: None. EAC RECOMMENDATIONS: This petition was not submitted to the EAC. The EAC reviewed the overall PUD project when it was first submitted, and the timing of the clearing and excavation is not an EAC issue. CCPC RECOMMENDATIONS: This clearing petition was not submitted to the CCPC. As with the EAC, the CCPC reviewed the overall project during the public hearing process. Clearing is allowed, but the timing of the clearing is usually an administrative construction issue dependent on receipt of the final Development Order. PLANNING SERVICES STAFF RECOMMENDATIONS: That the BCC allow the petitioner to begin clearing and earthwork at the Arrowhead PUD provided sufficient bonding is in place to insure that the site can be restored (leveled and grassed) to its present condition should the project not proceed. The Bond will remain in place until the final Development Order is granted. FEB 1 1 2003 PREPARED BY: STAN CHRZANOWSKI, P.E. ENGINEERING SERVICES MANAGER REVIEWED BY: DATE THOMAS E. KUCK, P.E. ENGINEERING SERVICES DEPARTMENT DIRECTOR APPROVED BY: / y DATI~ / JOSEPH,. SCHMITT, ADMINISTRATOR coMMUNITY DEV. AND ENVIRONMENTAL SVCS. 59.731 EX SUMMARY/SC/H/EAB Exec. Summ. D,~TE ' FEB 1 1 2003 , III - 6~ 'a's I 0 - I-- - --.I / ~ ~ ~ "1~ ~ FEB 1 ~ ~03 I I FEB i 1 7.i)I)~ Map Output Page 1 of 1 CCPA GIS - HTML Ma FEB 1 1 2003 http://gis.c~~~ierappraiser.c~m/serv~et/c~m.esri.esrimap.Esrimap?ServiceName=ccpa-desig... 1/2 !/2003 EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "ISLANDWALK PHASE FOUR" OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that subdivision known as "Islandwalk Phase Four" CONSIDERATIONS: On January 22, 2001, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Islandwalk Phase Four" The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by Transportation Services and Public Works Utilities. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANA~ IMPACT: None FEB 11 2003 Executive Summary Islandwalk Phase Four Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Islandwalk Phase Four" 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. Hould~worth, Engineering Review Senior Engineer Date REVIEWED BY: .~/,' , Thomas E. Kuck, P.E. Engineering Review Director / County Engineer Date APPROVED BY: Joseph K. Sdhmitt, Administrator ,CO/m~nunity Dev. and Environmental Svcs. FEB 11 2003 ,,2 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 35 36 37 38 39 40 41 42 43 45 46 47 49 51 52 53 55 57 59 6O 61 RESOLUTION NO. 03- RESOLUTION TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN ISLANDWALK PHASE FOUR, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND 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 February 22, 2000 approved the plat of Islandwalk Phase Four for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements in Islandwalk Phase Four, and authorize the Clerk to release the maintenance security. BE 1T FURTHER RESOLVED AND ORDERED that the County accept the fixture maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Islandwalk Homeowners Association. This Resolution adopted after motion, second and majority vote favoring same. DATE: A'I'FEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN Approved as to form and legal ciency: Patrick G. White Assistant Collier County Attorney FEB 11 2003 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "INDIGO LAKES UNIT SIX", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE' To approve for recording the final plat of "Indigo Lakes Unit Six", a subdivision of lands located in Section 27 Township 48 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONS IDERATIONS · Engineering Review Section has completed the review oi the construction drawings, specifications, and final plat of "Indigo Lakes Unit Six". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All iees have been paid. Security in the amount of 10% of the total cost oi the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Indigo Lakes Unit Six" be approved for recording. FISCAL IMPACT' The project cost is $340,475.75 (estimated) to be borne by the developer. The cost breakdown is as follows' a) b) Water & Sewer Drainage, Paving, Grading - $155,552.00 - $184,923.75 The Security amount, equal to 110% of the project cost, is $374,523.33 FEB 11 2003 Executive Summary Indigo Lakes Unit Six Page 2 The County will realize revenues as follows Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $6,791.73 Fees are based on a construction estimate of $340,475,75 and were paid in September, 1999 as part of the original Indigo Lakes Unit Two approval. The developer has subsequently Phased the recording of the originally approved subdivision. The breakdown is as follows' a) Plat Review Fee ($425.00 + $4./ac)- $ 500 00 b) c) Paving, Grading (1.3% const, est.) GROWTH MANAGEMENT IMPACT' Construction Drawing Review Fee Water & Sewer (,50% const, est,) - $ 777 76 Drainage, Paving, Grading (.42% const, est,)- $ 776 68 Construction Inspection Fee Water L Sewer (1.5% const, est,) - $6791 73 Drainage, - $2404 01 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project, ENVIRONMENTAL ISSUES: There are no outstanding environmental issues HISTORICAL/ARCHEOLOGICAL IMPACT: There are no historical or archeological impacts EAC RECOMMENDATION; Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Indigo Lakes Unit Six" for recording with the following stipulations' Approve the amount of $374,523.33 as performance security for the required improvements' or such lesser amount based on work completed, and as is approved by the Engin¢cri~NOAr~]~ Review Department. ~~O FEB 11 2003 Executive Summary Indigo Lakes Unit Six Page 3 Approve the standard Agreement, and form Construction and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY' 3ohn R, Houldsworth, Senior Engineer Engineering Review REVIEWED BY' Thomas E. Kuck, P.E. Engineering Review Director, County Engineer Date APPROVED BY' J~eph K. 5f~h~itt, Aaministrator munity Development & Environmental Services fPat/e FEB 11 2003 EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "PELICAN MARSHUNIT TWO" OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that subdivision known as "Pelican Marsh Unit Two". CONSIDERATIONS: On January 5, 1994, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Pelican Marsh Unit Two". The roadway and drainage improvements will be maintained by the project's Community Development District. The water and sewer improvements will be maintained by the County. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by Transportation Services and Public Works Utilities. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's Community Development District. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGE~W~T IMPACT: There is no growth management impact. FEB 1 1 2003 Executive Summary Pelican Marsh Unit Two Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Pelican Marsh Unit Two" 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. Houlasworth, Engineering Review Senior Engineer Date REVIEWED BY: Thomas E. Kuck, ~.E. Engineering Review Director / County Engineer D&te z APPROVED BY: jo~~strator C~m~unit~ Dev. and Environmental Svcs. FEB 1 1 2003 FEB ~ 1 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 35 37 38 39 40 41 42 43 45 47 49 51 52 55 57 59 6O RESOLUTION NO. 03- RESOLUTION TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN PELICAN MARSH UNIT TWO, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT WHEREAS, the Board of County Commissioners of Collier County, Florida, on October 19, 1993 approved the plat of Pelican Marsh Unit Two for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements in Pelican Marsh Unit Two, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Pelican Marsh Community Development District. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By;. TOM HENNING, CHAIRMAN Approved as to form and legal sufficiency,, Patric~e Assistant Collier County Attorney FEBl12003 ! EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "PELICAN MARSH UNIT SIX" OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that subdivision known as "Pelican Marsh Unit Six". CONSIDERATIONS: On April 11, 1995, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Pelican Marsh Unit Six". The roadway and drainage improvements will be maintained by the project's Community Development District. The water and sewer improvements will be maintained by the County. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by Transportation Services and Public Works Utilities. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's Community Development District. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact. FEB 11 2003 Executive Summary Pelican Marsh Unit Six Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Pelican Marsh Unit Six" 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. Houldsworth, Engineering Review Senior Engineer Date REVIEWED BY: - ~::-~ >'.~. /::~:..-~.- Thomas E. Kuck, P.E. Engineering Review Director / County Engineer t~ ~., O: D~te ~ APPROVED BY: JosephL/~ Administrator CommunitY; Dev. and Environmental Svcs. 5fate/ FEB 11 2003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 35 36 37 38 39 40 41 42 43 45 47 49 51 55 57 RESOLUTION NO. 03- RESOLUTION TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN PELICAN MARSH UNIT SIX, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT WHEREAS, the Board of County Commissioners of Collier County, Florida, on October 4, 1994 approved the plat of Pelican Marsh Unit Six for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security, and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements in Pelican Marsh Unit Six, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Pelican Marsh Community Development District. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. TOM HENNING, CHAIRMAN Approved as to form and legal Patrick G. White Assistant Collier County Attorney FEB 1 1 2003 EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADW]%Y, DRAINAGE, WT~TER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "PELICAN MARSH UNIT TWENTY" OBJECTIVE: To grant final acceptance of the infrastructure improvements ==oociated with that subdivision known as "Pelican Marsh Unit Twenty" CONSIDERATIONS: On November, 1998, the Board of County Commissioners granted preiiminary accep5ance of the roadway, drainage, water and sewer improvements in "Pelican Marsh Unit Twenty". The roadway and drainage improvements will be maintained by the Pelican Marsh Community Development District. The water and sewer improvements will be maintained by the County. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services. has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5 This Executive C~mma~v has been reviewed and approved by Transportation Services and Public Works Utilities. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the Pelican Marsh Community Development District. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTHMANAGEMENT IMPACT: None FEB 11 2003 Executive Summary Pelican Marsh Unit Twenty Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Pelican Marsh Unit Twenty" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing iinal acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director / County Engineer D~te! APPROVED BY: SVCS. E/a t e' FEB 11 2OO3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 49 51 52 55 57 59 60 61 RESOLUTION NO. 03- RESOLUTION TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN PELICAN MARSH UNIT TWENTY, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINT~D BY THE PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT WHEREAS, the Board of County Commissioners of Collier County, Florida, on August 16, 1998 approved the plat of Pelican Marsh Unit Twenty for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements in Pelican Marsh Unit Twenty, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Pelican Marsh Community Development District. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN Approved as to form and legal Patrick G. White Assistant Collier County Attorney FEB 11 2003 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO RECOGNIZE A DEVELOPER CONTRIBUTION IN THE AMOUNT OF $7,500.00 FOR THE WIGGINS PASS ROAD OUTFALL PROJECT (Project No. 51212) OBJECTIVE: To obtain Board of County Commissioners' approval ora budget amendment for recognition and approval of a developer cash contribution in the amount of $7,500.00 toward the construction costs of stormwater drainage improvements along Gulf Harbor Road as a part of the Wiggins Pass Road Outfall project. CONSIDERATIONS: As a part of the Wiggins Pass Road Outfall project, an existing deep ditch immediately adjacent to the west side of Gulf Harbor Road is being enclosed in a box culvert. This box culvert provides additional stormwater conveyance capacity as well as making Gulf Harbor Road safer for traffic. During construction, site conditions were encountered that required the placement of additional sheet piling to protect adjacent building foundations. Watermark Communities, Inc. (WCI), owner of one of the adjacent buildings, has provided a check in the amount of $7,500.00 to help offset the cost of this additional sheet piling. FISCAL IMPACT: A budget amendment is needed to recognize $7,500.00 received from WCI and was placed into the revenue side of the Wiggins Pass Road Outfall project and appropriate on within the project expense budget. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this executive summary. RECOMMENDATION: That the Board of County Commissioners recognize this developer contribution in the amount of $7,500.00 as revenue for the Wiggins Pass Road Outfall project and approve the necessary budget amendment. SUBMITTED BY: ~~~ Date: Robert C. Wile~, P.E., Principal Project Manager Stormwater/~. '~~ ~ ://~'~--M/~/~ement Sgction/TECM REVIEWED BY: ~/ ~"' Date: Gregg R. Strakaluse, P.E., Director Transportation Engineering & Construction Management /' Date: APPROVED BY: l¢orman Feder, A.I.C.P., P:flministmtor~ Transportation Services Division AGENDA ITEM No. UC FEB 11 2003 PO. EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID/t03-3460 - "PURCHASE OF ONE (1) 4,000 GALLON WATER TRUCK" TO WALLACE INTERNATIONAL TRUCKS, INC. IN THE AMOUNT OF $92,900.00 OBJECTIVE: To enhance the daily repair and maintenance on County Roadways and Rights-of-Way within the Road Maintenance Department. CONSIDERATION: Thirty-nine notices of this bid were sent on November 19, 2002, and three bids were received and opened on December 12, 2002. Staff has reviewed the bids and notes that the low bidder, Atlantic Truck Sales, did not submit specifications for the tanker as required by the specifications, and the nearest servicing dealer is Ft. Lauderdale, which is outside the 50 mile radius for service as required by the specifications. Atlantic Truck Sales was contacted twice for further information and did not respond and is therefore considered non-responsive. Staff recommends that the bid submitted by Wallace International Trucks Inc., be selected as the lowest, responsive bidder. The bid tabulation is attached. GROWTH MANAGEMENT IMPACT: There is no growth management impact. ..~'2FISCAL .IMPACT.: Funds in the amount of $92,900 are budgeted in Road Maintenance Fund 101 Capital. RECOMMENDATION: That the Board of County Commissioners award Bid #03- 3460 to Wallace International Trucks Inc., for the purchase of one (1) 4,000 gallon water SUBMITTED B Y~~ T~ravis Gossard, Road and Bridge Supervisor REVIEWED BY:'- ~.~x,.~ John Vliet, Road and Bridge Superintendent Steve'rZrafiaell, Purch/asing Director Date:/~/~//~,~ / Date:~~,e~ Date: AOENDA ITEM No. .3'). FEB 11 2OO3 Pg. t REVIEWED BY: APPROVED BY: 7/~.//~£J~,c.4.,...,,~ Date: Mil~e'A. Etelama~, P.E., Road Mainten~ce Director ~~ ~ ~Vf, ~,~ ~ Date: ~o~ E. Feder, MCP, Tr~sno~tion Ad~s~ator FEB 11 2003 EXECUTIVE SUMMARY APPROVE AN EASEMENT AGREEMENT AND ACCEPT AN ACCESS EASEMENT WHICH IS REQUIRED FOR PERIODIC MAINTENANCE OF THE GOLDEN GATE MAIN CANAL UNDER THE BRIDGE CONSTRUCTED AT 13TH STREET SW. (PROJECT NO. 69068) FISCAL IMPACT: $7,360.00. OBtIECTIVE: Approve an Easement Agreement and accept an access easement from Jonathan Paul Brown and Myriam Brown, thereby providing a necessary easement for access to and maintenance of, the Golden Gate Canal at the northwestern quadrant of the bridge constructed at 13th Street SW. CONSIDERATION: On June 12, 2001, the Board approved the Professional Design-Build Services Agreement with Kelly Brothers Inc. and American Consulting Engineers, PLC, for the construction of a bridge over the Golden Gate Main Canal at 13th Street SW in Golden Gate Estates. South Florida Water Management District--Big Cypress Basin (SFWMD-BCB) originally placed permit conditions within the Right of Way Occupancy Permit to clear and grade a maintenance path along the top of the bank and select cleating along both the north and south side slopes of the Golden Gate Main Canal between 1 lth Street SW and 15th Street SW. As a result of concern expressed by property owners and after a meeting held with SFWMD-BCB, the permit will be modified to provide direct access to all four quadrants at the bridge site on 13th Street SW in order to clear debris that may collect at the bridge from time to time. Direct access to the bridge will require the acquisition of access easements from the owners of the properties located at the four comers of the bridge, with SFWMD-BCB named as a party to the access easement. Acceptance of said access easement will provide the County and SFWMD-BCB with one of the necessary easements required for maintaining the Golden Gate Canal at the bridge site on 13th Street SW. Approval of the Easement Agreement, attached as Exhibit 1, will provide the Board's authorization to staff to close on the purchase of said easement, owned by Jonathan Paul Brown and Myriam Brown and located at the northwest quadrant of the bridge constructed over the Golden Gate Canal at 13th Street SW. Staff has negotiated a settlement with the Browns in the amount of $7,260.00 to compensate them for the access easement, damages resulting to the Owner's remaining lands, and for all other damages and expenses in connection with the conveyance of said easemem including attorney fees. ~0~x-FISCAL IMPACT: Total costs, including the purchase price and all recording fees, will not exceed $7,360.00. Funds for this access easement and associated closing costs will come from the Transportation Supported Gas Tax Fund. Source of funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: long range planning effort. The recommendation is consisted: bio.._Lkl~.~~ FEB 11 2OO3 RECOMMENDATION: That the Board of County Commissioners: 1. Approve the attached Easement Agreement and authorize its chairman to execute same on behalf of the Board; and 2. Accept the easement to be conveyed at closing; and 3. Authorize Staff to record all pe/q, inent docume~ntation in the Public Records of Collier County, -_,,~vin H~-Flight-o~anager Transp6rtatie'n Engineering and Construction Management REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Ewing Sk~ McMichael, Project Manager Transportation Engineering and Construction Management (.,oM DATE: i-'2ch- Dale Bathon, P.E., Principal Project Manager Transportation Engineering and Construction Management DATE: / '"~' Greg"g R. S[rakaluse,"TlS. E., Director Engine~ing and Construction Management Department Normaj~n r-eaer, AICP, Administrator Trans~bortafion Services Division AGENDA ITEM FEB 11 2003 PROJECT: 69068 FOLIO: Portion of 37012361001 EASEMENT AGREEMENT THlS EASEMENT AGR -EEMENT (here;nailer referred to as the "Agreement") is made and entered into on this __ da)' of 200~, by and between JONATHAN PAUL BROWN AND MYR1AM BRO~,a,31 husband and wife, (hereinafter referred to as "Owner"), whose mailing address is 111 New Market Road W., Immokalee, FL 34142-3510, and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "Purchaser"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112; WHEREAS, Purchaser requires a perpetual, non-exclusive easement for access and maintenance of the Golden Gate Canal over. under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "Easement"). which is attached hereto and made a part of this Agreement: and WHEREAS, Ox~ner desires to convey the Easement to Purchaser and to the South Florida Water Management District-Big Cy'press Basin {SFW.~G)-BCB), as joint Easement holders, for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Easement; NOW THEREFORE, tn consideration of these premises, the sum of Ten and No/100 Dollars ($10.00), and other good and va!uable consideration, the receipt and sufficiency of which is hereby mutually acknox~ledged, it is agreed by' and between the parties as follows: Owner shall convey the Easement to Purchaser for the sum of $7,260.00, payable by County Warrant {said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Easement conveyed, including all landscaping, trees, shrubs, improvements, driveway, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Easement to Purchaser, including all attorneys' fees, expert uimess fees and costs as provided for in Chapter 73, Florida Statutes. 2. Owner agrees that this Easement restricts build:rig, planting, or erecting structures within the easemenl area. 3. Owner agrees that the Purchaser will have the use of the Owner's driveway for unhindered access to the lands described in Exhibit "A". Prior to Clo~ing, Owner shall obtain fi'om ~he holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Pm'chaser on or before the date of Closing. Both Owner and Purchaser agree that time is of the essence in regard to the closing, and that therefore Closing shall occur within sixty (60) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this A~eement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the AGENDA iTEM FEB 11 2003 Pg. ~ County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. Owner is aware and understands that the "off'er" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. Owner represents that the property underlying, the Easement, and all uses of the said property, have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the property underl,~ing the Easement except as specifically disclosed to the Purchaser; that the Owner -b. zs no knowledge of any spill o]' environmental law violation or, the property contiguous to or in the vicinity of the Easement to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c? any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or mmsfer of hazardous substances on the property underlying the Easement. This provismn sh',fll survive Closing and is not deemed satisfied by conveyance of title. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to. any and all damages, claims, liabilities, laws, costs and expenses [including without limitation reasonable paralegal and attorney fees and expenses ahether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of O~xner's representauon under Section 6. This provision shall survive Closing and is not deemed satisfied by conveyance of title. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier Count)', Florida. All other costs associated with this transaction including bu: not limited to transfer, 6ocumentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated with securing and recording a Subordination, Consent & Joinder of 'Easement of the mortgage(s) recorded against the property underlying the Easement from the mortgagee(s). The cost of a title commitment shall be paid by Purch:,ser. 10. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respectixe heirs, executors, personal representatives, successors, successor trustees, and/or assignees, ahenever the context so requires or admits. I I. Conveyance of the Easement b) Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the enlire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 12. If the Owner holds the property underlying the Easement in the form of a pannership, limited pm'tnemhip, corlmration, trust or any form of ,eptesentativ¢ capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every persOn having a beneficial interest in the property undefl.',4ng the Easement before the Easement held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13. This Agreement is governed and construed in accordance with the laws of the State of Florida. AG,ENpA IT..~M NO._ I, kC~:> FEB 11 2003 pg. 12q WITNESS WHEREOF. the parties hereto h::ve executed this Agreement on this __ day of 200__. Date Easement acquisition approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk 3OA RD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk · Chairman AS TO OWNER: DATED: ,1~1o~ Wimess (Signature) Name: ~t'dr¢7 C... (Print or Type) Witness (Signature) (Pnnt or Type) .1 t,?~"'~..kT H AN PAUL BROWN DATED: Witness (Signature) Name: I'&-rr-/' C. (Print or Type) Witness (Sign~um) Nme: ~a;t-bz- ~4~.~9~6 ~hnt or T~) .X IY~xI'~\M BROWN .-Xpproved as to form and lcgal sufficiency: Ellen T. Chadwell Assistant County Attorney AGENI~A IT..~ No. !it?') FEB 11 2003 PUBLIC WORKS ENGINEERING DEPARTMENT 2685 HORSESHOE DRIVE SOUTH NAPLES, FLORIDA 34104 (239) 659-5773 PROJECT NO .......... PARCEL NO .............. FOLIO NO... TAX PARCEL NO ........... LEGAL DESCRIPTION (NOT A SURVEY) THE NORTH 112 FEET OFTHE SOUTH 252 FEET OF THE WEST 25 FEET OF THE EAST 55 FEET OF TRACT 35, GOLDEN GATE ESTATES, UNIT NO. 9, AS RECORDED IN PLAT BOOK 4, PAGES 99 AND 100, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AGENOA ITEM No. FEB 1! 2003 EXHIBIT Pa~ [ of Pg. PREPARED ~G I~-~ ~'(~'1~ 'fiT'l~ i ~'1~ ~ 5 ~'1~ .......... PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 TRANSPORTATION ENGINEERING DEPARTMENT. 2685 HORSESHOE DRIVE SOUTH NAPLES, FLORIDA 34104 SHEET 1 OF I EXECUTIVE SUMMARY APPROVE CHANGE ORDER NO. 2 TO THE IMMOKALEE ROAD/I-75 INTERCHANGE CONSTRUCTION CONTRACT IN THE AMOUNT OF $378,114.66 WHICH INCLUDES A PORTION OF WORK TO BE PAID FOR BY BRENTWOOD LAND PARTNERS, LLC. (PROJECT NO. 66042A) OBJECTIVE: To receive Board authorization of Change Order No. 2 to the Immokalee Road / 1-75 construction contract in the amount of $378,114.66 which includes Brentwood Land Partners' portion ($252,073.39) of work previously identified and agreed to under joint Agreement. Specifically this portion of work includes construction improvements to the Tarpon Bay Boulevard/Immokalee Road intersection. The remaining $126,041.27 will cover adjustments, revisions and additions to the Immokalee Road/I-75 Interchange portion of the project. CONSIDERATION: On June 25, 2002, the County and Brentwood Land Partners, LLC. (Developer) entered into an agreement to cooperatively make roadway improvements to the 1-75 interchange at Immokalee Road and at the future Tarpon Bay Boulevard intersection. Also to be noted is a substantial contribution of funds fi.om the Florida Department of Transportation (FDOT) in the amount of $650,000. The total project cost for all improvements is anticipated at $3,000,000. On July 26, 2002, the Board of County Commissioners awarded a construction contract to Better Roads, Inc. to complete the improvements. Improvements to the interchange are expected to be completed and open to traffic by March 1, 2003. The remaining improvements are expected to be completed by early summer 2003. The result of these improvements will substantially reduce motorist delays associated with the interchange as well as provide for controlled access to Tarpon Bay Boulevard. The additional work being added at this time is partially related to the funding contribution ($1,400,000) recently received fi.om the Developer and approved by the Board on November 19, 2002. Construction plans for the interchange improvements are in hand and Change Order No. 2 is being presented to the Board at this time in order to expeditiously complete all of the remaining improvements. ,~FISCAL IMPACT: Funds in the amount of $378,114.66 will come from the Transportation Supported Gas Taxes and Transportation Impact Fees. Source of Funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element (CIE # 6) is consistent with the Transportation Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve Change Order No. 2 to the Immokalee Road/I-75 Interchange Project for the construction of the additional work, and authorize the Transportation Administrator to execute Change Order No. 2. ,':,G£NDA No, FEB rg._ / SUBMITTED B~'..~. -fi'~ ~'' ~7~'~ (Ly~n R. Thorpe, P.E., Principal Project Manager Gregg R. Strakaluse, P.E., Director, T.E. & C.M.D. APPROVED BY: Steve Carryall, bir'e/ctor s No~n i~. F/eder, AICP, Administrator Tran/portation Division DATE: DATE: DATE: DATE: FEB ':i 2-~03 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Immokalee Rdll-75 Ramp Improvements PROJECT #: .66042A BID/RFP #: 02-3381 MODIFICATION #: 2 NAME OF FIRM: Better Roads, Inc. CONTRACT AMOUNT: ORIGINAL $1~928,170.77 CURRENT $ 999,999,00 CURRENT COMPLETION DATE(S): ORIGINAL: March 21, 2003 CURRENT: March 21, 2003 SUMMARY OF PROPOSED CHANGE(S): See attached summary. However, the majority of the additional work is associated with the addition of the Tarpon Bayllmmokalee Road intersection, and associated work. JUSTIFICATION FOR CHANGE(S): This work was previously approved by the Board of County Commissioners by ARreement dated on June 25~ 2002. PARTIES CONTACTED REGARDING THE CHANGE: P.E., Gre~l~i Strakaluse, P.E., Norman Feder, AICP Ed Kant~ P.E., Bob Tipton~ IMPLEMENTATION STEPS (Check each before proceeding with change) X Proposed change is consistent with the scope of the existing agreement X Change is being implemented in a manner consistent with the existing agreement X The appropriate parties have been consulted regarding the change APPROV~//.'.~ ~ /~ r-'/'/"""-,-~ Date: DISAPPROVE: Date: COMMENTS: 11107102 CHANGE ORDER TO: Better Roads, Inc. P.O. Box 9979 5590 Shirley Street Naples, FL 34101 FROM: Project Name: Agreement Dated: Change Order No.: Immokalee Road I i-75 Ramp Improvements P.O. No.: Collier County Transportation Engineering & Construction Management Department 2675 South Horseshoe Drive, Suite 401 Naples, Florida 34101 Two (2) Contract No.: 02-3381 Date: January 14, 2003 Change Order Description: This Change Order presents Pay Item adjustments for the finalization of the Computation Book of Quantifies from the designer. Also, presented are New pay Items from the Comp Book and additions not previously added to the Contract from the December 3, 2002 Plans Update and the Items required to add the Tarpon Bay Boulevard improvements along Immokalee Road and Oaks Blvd. For the Brentwood LLC. Original Agreement Amount ............................................................. $ Sum of previous change orders amount ................................................. $ This Change Order Amount $ Revised Agreement Amount .............................................................. $ 2,O59,529.27 426,091.80 378,114.66 2,863,735.73 Original contract time in calendar days Adjusted number of calendar days due to previous change orders This change order adjusted time is Revised Contract Time in calendar days 180 40 220 Original Notice to Proceed date Completion date based on original contract time Revised Completion date .................................................................. September 23, 2002 March 22, 2003 May 1,2003 Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to this Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impactanddelaycosts. -/~//~t ~..~..... Prepared by: ./~f J 7 January 14, 2003 Dan w. Dickey, C-El Project I~aqa~eT/Johnson Engip'6~dng, Inc. Date Recommended by: Steve Ri~ , Project Manager Date .- ;5-- ~ /Better Roads Inc. (Sign and print or type name) Date Approvedby / ."\/,,/% c_.""x-¢~-- d- f Date i ./' / Lynn Thor~e PE, Senior Project Manager Approved by: Gregg R. Strakaluse, Director/T.E.C.M. Date Authorized by: Norm Feder, Administrator/Transportation Division Date FEB 2003 CHANGE ORDER SUMMARY Change Order No. 2 Project: Immokalee Road / 1-75 Ramp Improvements Project No.: 66042 Contract No: 02-3381 Contractor: Better Roads, Inc. Change Order No.: 2 Date: January 14, 2003 Description: This Change Order addresses several issues including additional adjustments for quantity recalculation, and additional quantities associated with the improvements at Northbrook Drive and Tarpon Boulevard. Issue 1: Pay Item adjustments to match Designers adjusted Computation Book Quantities. Item Original New I Quantity Unit Price Adjustment Number Description ~ Quantity Quantity Adjustment Unit $ Amount 104-10-1 Hay or Straw Bale (18" x 18" x 36") 392.000 432.00 40.000 EA $ 9.50 $ 380.00 104-13-1 Staked Silt Fence (Type III) 6,624.000 6,953.00 329.000 LF $ 1.25 $ 411.25 110-1-1 Cleafin9and Grabbing 17.800 30.35 12.550 AC $ 2,900.00 $ 36,395.00 Pavement, Removal of Existing 110-4 Concrete 3,455.000 1,821.00 (1,634.000) SY $ 6.00 $ (9,804.00) ~5-7-00 Stabilized Sub-c, lrade (3.5"ABC-3) 17,746.000 15,278.00 (2,468.000) SY $ 7.95 $ (19,620.60) 285-7-04 optional BaseGroup 04 (ABC-3) 3,326.000 3,059.00 (267.000) SY $ 10.00 $ (2,670.00) 285-7-09 Optional Base Group 09 (ABC-3) 12,554.000, 11,432.00 (1,122.000) SY $ 13.50 $ (15,147.00) 300-1-3 3ituminous Material, Tack Coat 1,808.000i 1,980.00 172.000 GA $ 1.30 $ 223.60 Milling Existing Asphalt Pavement (1- 8,360.000 327-70-6 1/2"Average Depth) 9,700.00 1,340.000 SY $ 2.25 $ 3,015.00 Milling Existing Asphalt Pavement (1" 327-70-1 Average Depth) 14,036.00(; 15,084.00 1,048.000 SY $ 1.08 $ 1,131.84 Asphaltic Concrete Type S-Ill (1" 331-1-1 Thick) 19,709.000 20,065.00 356.000 SY $ 2.50 $ 890.00 Asphaltic Concrete Type S-I (1" 331-72-10 Thick) 8,360.000 8,507.00 147.000 SY $ 2.35 $ 345.45 Asphaltic Concrete Type S-I (2' 331-72-20 Thick) 1,973.000 2,191.00 218.000 SY $ 5.50 $ 1,199.00 Asphaltic Concrete Type S-I (2.5" 331-72-24 Thick) 4,622.000 4,760.00 138.000 SY $ 6.00 $ 828.00 Asphaltic Concrete Type S-I (3' 331-72-30 Thick) 6,791.000 6,672.00 (119.000) SY $ 7.00 $ (833.00) Asphaltic Concrete Frict~3n Course, 337-7 ~'),pe FC-2 (5/8' Thick) 17,124.000 18,018.00 894.000 SY $ 2.30 $ 2,056.20 399-1 Miscellaneous Asphalt Pavement 1.470 71.30 69.830 TN $ 300.00 $ 20,949.00 Mitered End Section (SD) (Concrete 430-984-125 Pipe Round) (18') 3.000 5.00 2.000 EA $ 412.50 $ 825.00 520-1-10 Con~ete Curb & Gutter (T~q)e F) 4,906.000 5,120.00 214.000 LF $ 6.25 $ 1,337.50 520-5-41 Concrete Traffic Seperator 405.000 406.00 1.000 LF $ 14.00 $ 14.00 522-1 Concrete Sidewalk (4" Thick) 1,341.000 1,668.00 327.000 SY $ 13.50 $ 4,414.50 536-73 Guardrail Removal 223.000 800.00 577.000 LF $ 1.90 $ 1,096.30 .~570-2 Seed &Mu~ch 26,387.000 12,648.00 (13,739.000) SY $ 0.17 $ (2,335.63) 70-.4 Mulch Material 4.240 10.50 6.260 TN $ 0.01 $ Q.06 FEB 1 1 570-5 Fertilizer 0.400 3.60 3.200 TN $ 500.00 $ 1,600.00 570-9 Water For Grassing 32.000 271.00 239.000 MG $ 50.00 $ 11,950.00 575-1 Sodding 19,998.000 31,039.00 11,041.000 SY $ 1.15 $ 12,697.1.~ CCU-1 Split SteeICasing 36" 228.000 123.00 Category I Total: TOTAL: $ 33,947.6;' Signing and Pavement Marking items Immokalee Road (West} and 1-75 Ramps A,C&D ~TBE Group Plans) 1700-40-1 Sign, Single Post (Less than ~2 S~ Fi) 19.000 22.00 3.000 AS 238.20 $ 714.60 ~700-44-43 Sk3n i..~hted Overhead Truss 1.00C 0.00 (1.000) AS 38,703.60 $ (38,703.60) 700-46-12 Sign Existing (Remove) (IVlult-Post) 3.0(~ 2.00 (1.0001 AS 303.80 $ (303.80) 700-46-21 Sign Existing (Relocate)(Single Post): 4.000 3.00 (,1.000) AS 121.30 $ (121.30) 700-46-22 Sign Existing (Relocate) (Multi-Post) 6.000 4.00 (2.000) AS 2,258.70 $ (4,517.40) Sign, Install Existing on Breakaway 700-47-2 Post 6.000 4.00 (2.000) AS 2,928.70 $ (5,857.40) Retro-Reflecfive Pavement Marker 706-3 (F&~)(Class B) 701.000 573.00 (128.000) EA 3.40 $ (435.20) 711-4 Directional Arrows (Thermoplastic) 56.000 51.00 (5.000) EA 55.00 $ (275.00) Skip Traffic Stripe, Thermoplastic 711-33 (White) 6,615.000 6,443.00 (172.000) LF 0.35 $ (60.20) Sc4id Traffic S~pe, Thermoplastic 711-35-81 (VVhite)(8') 1,738.000 2,339.00 601.000 LF 0.65 $ 390.65 Solid Traffic Stripe, Thermoptast~c 711-37-61 (White) (6") 1.814 1.92 0.102 NM 1,900.00 $ 193.80 Solid Traffic Stripe, Thermoplastic 2.285 2.35 0.061 NM 1,900.00 $ 115.90 711-38-61 (Yellow) (6") 715-1-113 Conductior(F&l)(No. 6) i 1,122.000 1,047.00 (75.000) ! LF 0.70 S (52.50) Conduit (F&I - Underground) (PVC 715-2-115 Sched 40) (2") 344.000 451.00 107.000 LF 4.30 $ 460.10 Signing and Pavement Marking ! ItemsTotal i TOTAL: $ (48,451.' 1 1 Comp Book I Total: $ (14,503.73) Issue 2: Pay Item Deletion - Roadway Item Original New t Quantity~1 Unit Price Adjustment Number Description Quantity Quantity Adjustment I Unit $ Amount' 'Regular Excavation Renegotiated i 24,735.000 0! (24,735.000 CY 4.50= $ (111,307.50) 120 - 1 Price 120-6 Embankment( 18,049.000 0 (18,049.000 CY 3.50 $ (63,171.50) 331-2 ~,sphaltic Concrete Type S Overbuild t 19.000 0 (19.0001 TN 80.00 $ (1,520.001 TOTAL: $ (175,999.00} Issue 3: Additions Pay Items - Roadway Item Original New Quantity Unit Price Adjustment Number De_-.c_-.ription Quantity Quantity AdJustment Unit $ Amount Regular Excavation Renegotiated 0.00 13,035.000 13,035.000 CY 7.45 $ 97,110.75 120-1 Price 120-6 Embankment 0.00 9,182.000 9,182.000 CY 5.55 $ 50,960.00 331-2 Asphaltic Concrete Type S Overbuild 0.00 727.000 727.000 TN 45.90 $ 33,369.30 Concrete Pipe Culvert (ss) Class Itl 430-11-323 15" 0.0C 44.000 44.000 LF 29.40 $ 1,293.60 530-3-4 Rip Rap (Rubble) Ditch Lining 0.0(~ 40.900 40.900 TN 75.00 $ 3,06.7..50 , TOTAL:- $ 185,80' 2 FEN !i 2003 Issue 4: Additional Pay Items Signalization Interchange ;m Original New Quantity Unit Price Adjustment Number Description Quantity Quantity Adjustment Unit $ Amount Additional Arm length Structure T4-2 649-113-003 1,6ft) 0.00 4.000 4.000 EA 1,008.00 $ 4,032.0(3 Additional Arm ~ength Structure T5-2 649-123-103 (sft) 0.00 5.000 5.000 EA 1,344.00 $ 6,720.0(; TOTAL: $ 10,752.00! Issue No. 5: Additional Signing Items Interchange Item Original New Quantity Unit Price Adjustment Number Description Quantity Quantity Adjustment Unit $ Amount 700 44-073 ~ightea Overhead Sign Truss 0.00(3 1.00 1.000 AS $ 88,840.50 $ 88,840.50 700-41-12 Sign Multi-Post 0.00C 1.000 1.000 AS $ 7,345.80 $ 7,345.80 700-46-A Sign # o4 Modify 0.00C 1.000 1.000 LS $ 640.50 $ 640.50 700-46-B Sign #05 Obsotete Beams 0.00C 1.000 1.000 LS $ 2,247.00 $ 2,247.00 700-46-16 Remove Bridge Mounted Sign 0.00(3 1.000 1.000 AS $ 1,549.80 $ 1,549.80 .700-70 Lighted Overhead BridgeSign 0.000 1.000 1.000 AS $ 19,367.25 $ 19,367.2b Total Additional Signage 1-75 TOTAL: $ 119,990.8= Issue No 6: Additional pay Item quantities for the Northbrook Intersection Improvements for Brentwood LLC, Johnson Engineering Plans. ,.~em Original I New Quantity Unit Price Adjustment Number Description Quantity Quantity Adjustment Unit $ Amount 101-1 MOBILIZATION 0.00 1.00 1.00 LS $29,548.20 $29,548.20 MAINTENANCE OF TRAFFIC 0.00 102-1 IINCLUDES SI___GNAGE), 1.00 1.00 LS $12,450.00 _ $12,450.00 0.00 25.00 25.00 EA $9.50 $237.50 104-10-1 BALED HAY OR STRAW 104-13-1 STAKED SILT FENCE (TYPE III) 0.00 1,000.00 1,000.00 LF $1.25 $1,250.00 110-1-1 C, LEARING AND GRUBBING 0.00 1.30 1.30 AC $4,000.00 $5,200.00 120-1 REGULAR EXCAVATION 0.00 67.00 67.00 CY $216.70 $14,518.90 120-6 EMBANKMENT 0.00 145.00 145.00 CY $80.30 $11,643.50 160-4 TYPE B STABILIZED SUBGRADE 0.00 3,124.00 3,124.00 SY $8.51 $26,585.24 OPTIONAL BASE GROUP 4 (4' 0.00 285-704 ABC) 67.00 67.00 SY $22.00 $1,474.00 OPTIONAL BASE GROUP 9 (6' 0.00 285-709 ABc) 3,586.00 3,586.00 SY $13.94 $49,988.84 MILLING EXIST ASPH. PAWl' (1" 0.00 327-70-1 AVG) 4,912.00 4,912.00 SY $1.21 $5,943.52 BITUMINOUS MATERIAL (TACK 0.0(3 300-1-3 COAT) 321.0(3 321.00 GAL $1.72 $552.12 TYPE S ASPHALTIC CONCRETE - 0.0(3 331-2 OVERBUILD (CONTINGENCY) 10.00 10.00 TN $80.0(3 $800.00 TYPE S-Ill ASPHALTIC CONCRETE 0.0(3 331-72-10 (1- THICK) 8,036.0(3 8,036.00 SY $2.51 $20,170.36 TYPE S ASPHALTIC CONCRETE 0.0(3 '331-72-20 (2" THICK) 67.0(3 67.00 SY $9.14 $612.38 TYPE S ASPHALTIC CONCRETE 0.001 ,.,31-72-24 (2.5; THICK) 3,586.00; 3,586.00 SY $5.~ -'~i. · $20,1, ~,_,,53'32 h'o.. i 3 FEb 11 200 7 CONCRETE CURB & GUTTER 0.00 520-1-7 (TYPE E) 1,153.00 1,153.00 LF $11.02 $12,706.06 CONCRETE CURB & GUTTER 0.0(~ 520-1-10 [TYPE F) 715.00 715.00 LF $6.25 $4,468.75 CONCRETE TRAFFIC SEPERATOR 0.0ti 520-70-89 (vw) 298.00 298.00 SY $42.00 $12,51L 522-1 CONCRETE SIDEWALK (4" THICK) 0.00 625.00 625.001 SY $13.50 $8,437.50 570-9 ~NATER FOR GRASSING 0.00 19.00 19.00 MG $50.00 $950.00 575-1 SOODING 0.00 3,738.00 3,738.00 SY $1.15 $4,298.70 SINGLE COLUMN C~OUNDS 0.00 700-40-1 SIGNS ~ESSTU^N ~2 s~)(m-~(m-~ 3.00 3.00 AS $238.20 $714.60 RELOCATE EXISTING SIGN 0.00 700-46-21 (S~NGLE POST CONTINGENCY) t 2.0C 2.00 AS $121.3C $242.60 RELOCATE EXISTING SIGN (MULT1 0.00 700-46-22 POST CONTINGENCY) 2.00 2.00 AS $2,258.7C $4,517.40 OBJECT MARKER (POST 0.00 705-10-11 MOUNTED) (TYPEt) 2.00 2.00 EA $105.0C $210.00 RETRO-REFLECTIVE PAVEMENT 0.00 706-3 MARKER 132.0C 132.00 EA $3.4(; $448.80~ TRAFFIC STRIPE SKIP (6") 0.00 8 710-21 (PAINTED) (WH~K) 0.1 0.18 GM $265.0C $48.50 TRAFFIC STRIPE SKIP (6') 0.00 710-23-61 (PAINTED) (WHITE / BLACK) i 0.44 0.44 NM $370.0C $162.06 TRAFFIC STRIPE SKIP (6') 0.0C $370.00 710-24-61 (PAINTED) (YELLOW) 0.2§ 0.29 NM $106.93 1,014.00 1,014.00 LF $152.10 710-25-81 (8" WHITE) SOLID TRAFFIC STRIPE (PAINTED) 0.00~ 235.00 710-25-121 !(12- WHITE) 235.00 LF $152.75 SOLID TRAFFIC STRIPE (PAINTED) 0.0C .00 7t0-25-181 (48"WHTE) 262.00 262,00 LF $1 $262.00 SOLID TRAFFIC STRIPE (PAINTED) 0.0C 152.00 152.00 LF $1.251 $190.00 710-25-241 [24" WHITE) 710-5-1 GUIDE LINES (PAINTED) (WHITE) 0.00 328.00 328.00 LF t $0,151 $4~. 710-6 DIRECTIONAL ARROWS (PAINTED 0.00 16.00 16.00 EA $15.00 $240.00t 710-7 PAVEMENT MESSAGES (PAINTED) 0.00 1.00 1.00 EA $40.00 $40.00 REFLECTIVE PAINT (ISLNAD 0.00 12.00 710-30 NOSE) (YELLOW) 12.00 SY $2.63 $31.56 Total North Brook Additions, I TOTAL: $ 252,073.39, Change Order Summary: Issue Description Amount 1 Computation Book Adjustments $ (14,503.73) 2 Pay item Deletion - Roadway $ (175,999.00I 3 Pay Item Additions - Roadway $ 185,801.15 4 Pay Item Additions -Sic. lnalization $ 10,752.00 5 Pa)' Item Additions Si~nin~ and Markin~l $ 119,990.85 Total Collier Count~ Proiect $126,041.27 6 Northbrook Improvement - JEI Plans $ 252,073.39 Brentwood LLC Total Change Order #2 $ 378,114.66 CHANGE ORDER SUMMARY CHANGE ORDER #2 January 13, 2003 ISSUE NO. 1 -DESIGNERS ADJUSTMENT Based on the revised bid quantities submitted by Hole Montes, Inc. plans dated 11-04-02. ISSUE NO.2 - PAY ITEM DELETION - ROADWAY 120-1 - Regular Elevation -This item was removed fi'om the original and replace with the new quantifies and adjusted prices. 120-6 - Embankment - This item was removed from the original and replaced with new quantities and adjusted price. 331-2 - Asphaltic concrete type S overbuilds - This item was removed from the original and replaced with new quantities and adjusted price. ISSUE NO. 3 - ROADWAY 120-1 - Regular excavation - The original bid price was based on 24,735 C.Y. The new quantity is 13,035 C.Y. Because the quantity decreased more than 50%, Better Roads, Inc. adjusted the excavation prices. 120-6 - Embankment - The original bid price was based on 18,049 C.Y. The new quantity is 9,182 C.Y. Because the quantity decreased more than 50% Better Roads, Inc. adjusted the embankment price. 331-2 - Asphalt concrete type S (overbuild) - The original bid quantities was for 18.66 tons. The grade was changes under the bridge and additional tonnage was added. 430-11-323 - Concrete Pipe Culvert (SS) (Class III) (15") - Original bid had no quantities in the base bid. 530-34 - Rip Rap (Rubble) (Ditch Lining) - Quantity not listed in original bid. Added on for erosion control. ISSUE NO. 4 - SIGNALIZATION (l-S). 649-113-003 -Additional Arm Length Structures T4-2 (6fL) - Base in conflict with water line and was moved. The movement of the base increased the arm length. (2-S). 649-123-103 - Additional Ann Length Structures T5-2 (8ft.) - Base in conflict with water line and was moved. The movement of the base increased the arm length. Sharla J. Rode Page 1 01/14/03 !,lc. la6 ~ FEB I 1 20,0 ISSUE NO. 5 - SIGNING 1. 700-44-073 - Sign lighted overhead truss (1) - This sign was added to the contract. 2. 700-41-12 - Sign Multi Post -Added to contract. 3. 700-46-A - Sign #09 Modify - Modified sign. 4. 700-46-B - Sign #05 Obsolete beams. 5. 700-46-16 - Sign Existing (Removed) (Bridge Mounted) - Sign was removed and mounting bracket removed and replaced with new brackets. 6. 700-70 - Lighted Overhead Sign - New sign mounted on the bridge. ISSUE NO. 6 - ADDITON PAY ITEM QUANTITIES FOR THE NORTHBROOK AND IMMOKALEE ROAD IMPROVEMENTS PER JOHNSON ENGINEERING, INC. PLANS Immokalee & Northbrook Addition Northbrook will be developer funded. The quantities shown are for the completion of the Irnmokalee Road and Northbrook addition. No additional days have been added for this work at this time. The plans are in final review and additional days for this work will be added at a later date. Additional Days A total of 40 days has been added to the contract for the completion of ramp "B". These days will be added to the 180 days of the original contract. The total days for completion is now 220 days. Sharla J. Rode Page 2 01/14/ )3 i:: &_ .... /,~ J~=N.14.2003 10:34 9413343661 JOHNSON ENGINEERING ~5843 P.002/0C3 BETTER ROADS INC, P.O. BOX 9979 NAPLES, FLORIDA 34101 PHONE: (941) 597-2'181 FAX: (941) 597-1597 PROJECT' IMMOKALEE LOCATION: IMMOKALE~ ITEM NUMBER /430-11-32,3 · --".I~0 -3.,4 / 6.47- 70-1 549-123-'10~ · " 700-.44-07~ · 700-46-16 ~, 700-70 120-1 120-~ 331-1-2 DESCRIFrTION 44.00 LF 4090 TN !;6,00 SY 4,00 EA 5.00 EA 1.0D A~ 1.00 AS 1,00 A~ 13,1~3:5 00 C¥ 9,182.00 CY 727.00 TN 1 CONCRETE PIPE CULVIERT RIP-RAP (RI,~BLE) (DITCH LINING) R,I~P,, FA,~RIC FORMED CONCRETE ADDITIONAL ARM L~:GTH STRUCTUR~ T4-2 (6 PT') ADOtl'~Q[h~kL ARM LE~TI'I S~CTURE T5.2 (8 FT} SION EXISTING (REMOV=: 9RII~E MOUNTED) LIGHTED OVERHIF...AD SION ~RIDGE MOUNTED) REGULAR EXCAVATION EMBANKMENT ASPHALTIC CONCRETE TYPE S OVERBUILD 01113;03 UNIT , , AMOUNT $29.40 $1,293.60 S75,00 $3.067 S105.00 $5,8BD.00 $1,OO8.00 $4,O32.0E) $1 ,~.OD $6,720.00 ~8,~0.~ $ ~ 9.38725 $~ g,~7~ $S.~ $~,960.10 S45.90 $33 $312,190.80 ZOD'd Sl£-i ~8I~J,I~I~EZI+ FE r-L.- SOvoa ~13J. llll.-~o~ld ~Z'P:8o northbrook quote BETTER ROADS INC. P.O. BOX 9979 NAPLES, FLORIDA 34101 PHONE: (941) 597-2181 FAX: (941) 597-1597 PROJECT: IMMOKALEE ROAD & NORTHBROOK LOCATION: IMMOKALEE ROAD ITEM NUMBER I DESCRIPTION 101-1 102-1 104-10-1 104-13-1 110-1-1 120-1 120-6 160-4 285-704 285-709 327-70-1 300-1-3 331-2 331-72-10 331-72-20 331-72-24 520-1-7 520-1-10 520-70-89 522-1 570-9 575-1 700-40-1 700-46-21 700.-46-22 705-10-11 706-3 710-21 710-23-61 710-24-61 710-25-81 710-25-121 710-25-181 710-25-241 710-5-1 710-6 710-7 710-30 MOBILIZATION MAINTENANCE OF TRAFFIC (INCLUDES SIGNAGE) BALED HAY OR STRAW STAKED SILT FENCE (TYPE III) CLEARING AND GRUBBING REGULAR EXCAVATION EMBANKMENT TYPE B STABILIZED SUBGRADE OPTIONAL BASE GROUP 4 (4" ABC) OPTIONAL BASE GROUP 9 (6' ABC) MILLING EXIST ASPH. PAVT (1" AVG) BITUMINOUS MATERIAL (TACK COAT) TYPE S ASPHALTIC CONCRETE - OVERBUILD (CONTINGENCY) TYPE S-Ill ASPHALTIC CONCRETE (1' THICK) TYPE S ASPHALTIC CONCRETE (2" THICK) TYPE S ASPHALTIC CONCRETE (2.5' THICK) CONCRETE CURB & GUTTER (TYPE E) CONCRETE CURB & GUTTER (TYPE F) CONCRETE TRAFFIC SEPERATOR (VW) CONCRETE SIDEWALK (4' THICK) WATER FOR GRASSING SODDING SINGLE COLUMN GROUNDS SIGNS (LESS THAN 12 SF) (R1-1) (R RELOCATE EXISTING SIGN (SINGLE POST CONTINGENCY) RELOCATE EXISTING SIGN (MULTI POST CONTINGENCY) OBJECT MARKER (POST MOUNTED) (TYPE I) RETRO-REFLECTIVE PAVEMENT MARKER TRAFFIC STRIPE SKIP (6') (PAINTED) (WH/BK) TRAFFIC STRIPE SKIP (6') (PAINTED) (WHITE / BLACK) TRAFFIC STRIPE SKIP (6') (PAINTED) (YELLOW) SOLID TRAFFIC STRIPE (PAINTED) (8' WHITE) SOLIO TRAFFIC STRIPE (PAINTED) (12" WHITE) SOLID TRAFFIC STRIPE (PAINTED) (18' WHITE) SOLID TRAFFIC STRIPE (PAINTED) (24' WHITE) GUIDE LINES (PAINTED) (WHITE) DIRECTIONAL ARROWS (PAINTED) PAVEMENT MESSAGES (PAINTED) REFLECTIVE PAINT (ISLNAD NOSE) (YELLOW) TOTAL 01/13/03 2:09 PM BID NO.: 02205 JOHNSON ENGINEERING PLANS: DATED 12/02 FILE NO. 19-48-26, SHEETS 1-12 QUANTITY UNIT AMOUNT ~ 1.00 LS $29,548.20 $29,548.20 1.00 LS $12,450.00 $12,450.00 25.00 EA $9.50 $237~50 1,000.00 LF $1.25 $1,250.00 1.30 AC $4,000.00 $5,200.00 67.00 CY $216.70 $14,518.90 145.00 CY $80.30 $11,643.50 3,124.00 SY $8.51 $25.585.24 67.00 SY $22.00 $1,474.00 3,586.00 SY $13.94 $49,988.84 4,912.00 SY $1.21 $5,943.52 321.00 GAL 51.72 $552.12 10.00 TN $80.00 $800.00 8,036.00 SY $2.51 $20,170.36 67.00 SY $9.14 $612.38 3,586.00 SY $5.62 $20,153.32 1,153.00 LF $11.02 $12,706.06 715.00 LF $6.25 $4,468.75 298.00 SY $42.00 $12,516.00 625.00 SY $13.50 $8,437.50 19.00 MG $50.00 $950.00 3,738.00 SY $1.15 $4,298.70 3.00 AS $238.20 $714.60 2.00 AS $121.30 5242.60 2.00 AS $2,258.70 $4,517.40 2.00 EA $105.00 $210.00 132.00 EA $3.40 $448.80 0.18 GM $265.00 $48.50 0.44 NM $370.00 $162.06 0.29 NM $370.00 $106.93 1,014.00 LF $0.15 $152.10 235.00 LF $0.65 $152.75 262.00 LF $1.00 $262.00 152.00 LF $1.25 $190.00 328.00 LF $0.15 $49.20 16.00 EA $15.00 $240.00 1.00 F_~ S40.00 $40.00 12.00 SY $2.63 $31.56 $252,073.39 Page 1 BETTER ROADS INC. FAX DATE: January 10, 2003 TO: Dan Dickey FAX: (239) 334-3661 FROM: Robbia Pow¢ll R_E: 2 Pages Tmmokalee Road / 1-75 Ramp Improvements Breakdown of Signing cost for Mid-Continent [] [] [] Please Reply To: P.O. BOX 9979 - 1910 SEWARD AVE. · NAPLES, FLORIDA 34101 · (239) 597-2181 · FAX (239) 13391 SR 31 · PUNTA GORDA, FLORIDA 33962 · (239) 567-2231 · FAX (239) 567-2250 597-1597 4456 TAMIAMI TRAIL · SUITE A7 · CHARLOTTE HARBOR, FLORIDA 33980 · (941) 743-2816 · FAX (239) 566-2737 [] P.O. BOX 1908 · 2830 OLD STATE ROAD 8 ' LAKE PI. AGID. FLORJDA 331~2, (239) 465-5797' · FAX (239) $9T-6609 e~.£-:l t00'd t~'Z-.t sGflgle~s;zt+ '3NI S0V0~t ~;LL.t;~8..~O~.~ RW.£:).0 ;00Z-0I-NYr 01,/89/.2003 88:03 8888800000 January 8, 2003 4586 PROGRESS AVENUE NAPI.E$, FLORIDA 34104 MEMO_ To: Robbie Powell, Better Roads, tn=. From: Doug Mulntyre~ Re: Change Order No. 2 for 1-75 Ramps at Immokalee Road The new signing pay items needed for completion of the revised and now FDOT approved signing plans as outlined in my letter of December 3, 2002 is ss follows; New Items 700-44-073 Lighted Overhead Sign Truss I AS $ 84,610.00 AS $ 84,610.00 700-41-12 Sign Multi Post 1 AS 6,g96.00 AS 6,{]96.00 700-46-A Sign ~ Modify ILS 610,00 LS 610.00 700-46-B Sign · 135 Obsolete Beams 1 LS 2,140.00 LS 2,140,00 700-46-16 Remove Bridge Mounted Sign 1 AS 1,478.00 AS 1,476,00 700-70 Lighted Overhead Bridge Sign l AS 18,445.00 AS 18,445,00 Items to be Deleted z~700.44.043 Lighted Overhead Sign Truss Items with Revised Quantities -700-41-11- Sign Multi Post · -~700-46-12 Sign Remove Multi Post 1 EA 38,708.50 AS 38,708.50 Deduct 1 AS FEB D~u~ 1 AS ..... ~700-46-22 Sign Relocate Multi Post Deduct 1 AS The above listed changes are what is needed for signing, to be incorporated into change order number two for the pmjecL 8Z£-:t ZOO'd it'Z-& 9859~$~8£Z1+ '3NI SOVO~{ a:aLL]{9~O~I:I ~¥Y.;:Y.O EOOZ-OI-Nvr 2003 10:34 9413343661 JOHNSON ENGINEERING #5843 P.003/003 Janua~ '!3, 2003 4586 PROGRESS AVENUE NAPLES, FLORIDA 34104 MEMO To: Rabble Pc)well, Better Roads, Inc. From: Daug Mclnty~ ~ Re: Immokalee l~nd Rampe ancl 1-75 _Two of the mast arms were irmmased in ,k~gm to avoid the water li~e ~nflict wit~ Cailler County Ua~es. he rna~t arm M ~tmc:~? ID # T4-2 was ,ncmased by six feet. and__~l??_ura ID *3..5?2 .wa?.l.ll~.~'rae~ aa~_.bY eight later. 'The i~m'~ase m i=ost for these items la $ 9S0.O0 and $121~O.DQ mai:)ecl3um/, fT you n r~ qUeStfl31~S please conta~ my · 31l $Q¥0ti tt~LL,,,I~-R~J Iqd~.~:tO EXECUTIVE SUMMARY APPROVE A CHANGE ORDER IN THE AMOUNT OF $30,366.70 WITH BETTER ROADS, INC. FOR MEDIAN IMPROVEMENTS ON PINE RIDGE ROAD, PROJECT NO. 60016. OBJECTIVE: To obtain Board of County Commissioners' approval of a change order for median improvements on Pine Ridge Road. CONSIDERATIONS: The existing eastbound left mm lane on Pine Ridge Road at Shirley Street is currently operating at a deficient level. Its capacity is exceeded by the ~affic volumes during the day, resulting in backflow traffic in the inside through lane. Extension of the left turn lane is necessary to improve overall traffic flow on Pine Ridge Road. The Collier County Transportation Services Division held a public information meeting on November 4, 2002 to review the Pine Ridge Road project. Citizens attending the meeting requested staff to review the eastbound left turn lane on Pine Ridge Road at Shirley Street and consider extending it to provide more storage. After completing a field review of the subject left turn lane, staff proceeded to design the change. The attached change order is the result of the negotiation with the project's contractor. ..~.-~FISCAL IMPACT: Funds in the amount of $30,366.70 are budgeted in the Road Construction - Gas GROWTH MANAGEMENT IMPACT: There is no growth management impact for this project. RECOMMENDATIONS: That the Board approves Change Order # 1 with Better Roads, Inc. for the turn lane improvements on Pine Ridge Road at Shirley Street, in the amount of $30,366.70 and authorize the Transportation Operations Director to execu)q, the chan~g_~0_rder. _ SUBMITTED BY:Juli° F. ~ Date: [,/~ ~"/:;' ~ REVIEWED BY: ff~rA~/f't ~/~'~ Date ~ Edward I. K~t, i~l~,,,~po~ation Operations Director Nom~ ~~er, AICP, Transpo~ation Services Ad~nistrator Date: ~ AGENB ;~. ITEM No. /~,z~ ~ FEB 1i 2003 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Pine Rid.qe Road Median Modification PROJECT #: 60016 CONTRACT AMOUNT: ORIGINAL $128,317.75 CURRENT $_128,317.75 CURRENT COMPLETION DATE(S): February 2, 2003 SUMMARY OF PROPOSED CHANGE(S): Extension of existinq eastbound left turn lane or~ Pine Ridqe Road. JUSTIFICATION FOR CHANGE(S): The proposed chan,qe will enhance safety and improve traffic flow on Pine Rid,qe Road at the Shirley Street Intersection by the extension of the existinq eastbound left turn lane on Pine Ridqe Road. PARTIES CONTACTED REGARDING THE CHANGE: Better Roads, Inc., Traffic Operations and John Erwin (Business Owner/. I~PLEMENTATION STEPS (Check each before proceeding with change) Proposed change is consistent with the scope of the existing agreement __ Change is being implemented in a manner consistent with the existing agreement __ The appropriate parties have been consulted regarding the change PROJECT~ATION: APPROVE:~ Date: DISAPPROVE_;</' Date: COMMENTS: The added cost of extendinq the left turn lane on Pine Ridqe Road will offset this increase in the Work Order. 10/02 AGENDA ITEM No. /;,~ ~ FEB 1 1 2003 CHANGE ORDER #: 1 CHANGE ORDER RFP 02-3327 PO #: 10002093 TO: Better Roads1 Inc. PO Box 9979 Naples, FL 34101 DATE: January 15, 2003 PROJECT #: 60016 PROJECT NAME: Pine Ridqe Road Median Improvements Under our AGREEMENT dated: March 26, 2002 You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement for the addition of a left turn lane extension Pine Ridge Road as Identified in Attached Exhibit "A". FOR THE total Additive Sum of: seventy cents). $ 30,366.70 (Thirty thousand three hundred sixty six dollars and Original Agreement Amount Sum of Previous Changes This Change Order (Deduct) This Change Order (Add) Present Agreement Amount $ 128,317.75 $ o.oo $ $ 30,366.70 $ 158,684.45 Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Better Roads, Inc. ,200/ EDWARD J. KAN~, P?-// Transportation Op~,r~y~f~s I~irecto~-GE~-Ai-T~i / % ! FEB 1 1 2003 OUOTE BETTER ROADS INC. P.O. BOX 9979 NAPLES, FLORIDA 34101 PHONE: (941) 597-2181 FAX: (941 ) 597-1597 REVISED PROJECT: PINE RIDGE ROAD MEDIAN IMPROVEMENTS LOCATION: SHIRLEY' STREET 9;52 AM ITEM J DF..~CRIPTION NUMBER i01-1 102-1 110-1-1 t2~1 331-2-1 331-72-10 331-72-14 .~20-1-10 .522-1 705.71 7O6-3 711-4 711-7 71t-~5-61 711-3~-61 CONDITIONS: 1 2 QUANTI'r'Y CHANGE ORDER NO. 1 MOBILIZATION 1 .OD MAJNTENANCE OF 't'I~a, FFIC 1 .O0 LS C.J..E,A~JNG & GRUBBING 1.00 LS EXCAVATION B6.00 CY ASPH. CONC. AmA, SE TYPE 3, (AE, C-~ 10' THICK~ 172.00 ASPHALTIC CONC. TYPE S-Ill (1' THICK) 172.00 SY ASPHALTIC CONC. TYPE S-I (.1 1/'2' THICK) t72.00 CONCRETE CURB & GUTTE~ 'rYPE 'F' 262.00 LF 6' CONCRETE .~,0o TtJEIULAR DELINEATORS (FLEXIBLE) 7.00 EA REFLJ;CTIVE PAVEMENT MARKF. RS 18.00 EA DIRECTIONAL, ARRI3WS, THERMOPLASTIC 4.013 EA REMOVE EXISt'lNG PAVEMENT MARKINGS 1.00 TIRAFFIC STRIFe., Stir. ID, THERMO, (6' WHITE) 326.00 LF TRAFFIC STRIPE, SOLID, THERMO, ~" YELLOW) 760.Ci0 LF NO PERMITS, FEES.LAYOUT, BOND OR TESTING INCLUDED. IF BOND IS REQUIRED ADD 1%. PRICES BASED ON liNE MOBILIZATION PER ITEM, ADDITIONAL MOEtlLIZATICNS WILL BE CHARGED AT $750.00 EA. IN ADDITIC~N TO UNIT PRICES. UNIT AMOUNT ,~S,40O.O0 $5,400.00 $'2,600.~0 ~;2,600.00 5~.00 ~,~a.oo ~.oo ~,aaa.oo ~.4o $~.80 $6.~0 $1,166.80 ~.O0 $5.~4.00 ~2.50 $2,~7.50 ~5.00 $315.00 $4.50 $81.00 550,~ 5200.00 5t50.00 5150.00 $a.~ $195,60 50,60 ~4~,00 $30,366.70 t lJ--J ZOO'd 0L£-£ 6669Z666£Z[+ Page I AGENDA ITEM No. /~ .,'~. FEB 1 1 2003 '=Nm S~ a:lll)e-,fk~J RdZt:tO £OOZ-GL-NYr EXECUTIVE SUMMARY APPROVE AN EASEMENT AGREEMENT AND ACCEPT A UTILITY EASEMENT FOR THE GOLDEN GATE WELLFIELD RELIABILITY IMPROVEMENTS PROJECT AT A COST NOT TO EXCEED $1,500.00. OBJECTIVE: That the Board of County Commissioners, acting as the ex-officio governing board of the County Water-Sewer District, approve an Easement Agreement for the acquisition of a Utility Easement for the Golden Gate Wellfield Reliability Improvements Project. This will improve the reliability of the County's existing Tamiami Aquifer water supply wells in the Golden Gate Wellfield. CONSIDERATIONS: This item is generally consistent with staff's initiatives to improve the reliability of the Collier County Water-Sewer District public water supply system. On April 9, 2002, agenda item 10(A), the Board heard staff's plan to evaluate alternatives to improve the overall reliability of the County water supply and production capabilities. On May 14, 2002, agenda item 10(D), the Board heard staff's recommendations which included adding five (5) fresh water supply wells in the Golden Gate Tamiami Wellfield prior to peak season 2003. On a parallel track, staff is also seeking additional easements adjacent to existing well easements in the event that an existing well fails and can be rebuilt immediately adjacent to the existing well. Public Utilities Engineering Department has requested rehabilitation of existing well sites in Golden Gate Estates. This project consists of 27 production wells tapping the Lower Tamiami Aquifer. The wellfield is the primary source of raw water for the North and South County Regional Water Treatment Plants. Average and maximum daily withdrawal amounts of 20.82 million gallons per day (mgd) and 31.97 mgd, respectively, are authorized from this source under South Florida Water Management District's Water Use Permit No. 11-00249-W. An agreement has been reached with Mr. Marvin J. Will Weaver to secure a 15-foot by 15-foot easement (shown on attached Exhibit "A") on the north side of existing Well #21 for $1,100, the easement's value as determined by the County's staff Real Estate Appraiser. Staff is requesting that the requirement for an independent appraisal be waived pursuant to Florida Statute 125.355. The Easement Agreement and Utility Easement documents have been reviewed and approved by the County Attorney's Office and Public Utilities Engineering Department. FISCAL IMPACT: The total costs of acquisition should not exceed $1,500.00 ($1,100.00 for the Utility Easement and $400.00 for a title commitment, title insurance policy, and cost of recording documents). The funds will be withdrawn from County Water Capital Projects Fund (412), Golden Gate Wellfield Improvements Project. Source of funds is Water User Fees. FEB 11 2003 PG.~ I EXECUTIVE SUMMARY Golden Gate Welifield Reliability Improvements Project Page 2 GROWTH MANAGEMENT IMPACT: This acquisition is consistent with the County's Growth Management Plan. RECOMMENDATION: Staff is recommending that the Board of County Commissioners acting as the ex-officio governing board of the County Water-Sewer District of Collier County, Florida: 1. Approve the attached Easement Agreement; 2. Authorize its Chairman to execute the Easement Agreement; 3. Accept the Utility Easement; 4. Waive the requirement for a formal, independent appraisal report in accordance with the provisions of Chapter 125.355, Florida Statues; 5. Authorize staff to prepare the related vouchers and warrants for payment in accordance with the Easement Agreement; and PREPARED BY: Authorize staff to proceed with acquiring the Utility Easement and to record all pertinent documentation in the Public Records of Collier County, Florida. Jo~ffM. Smith, Properly'Acquisition Specialist Property Acquisition & Construction Management Facilities Management Department Property Acquisition & Construction Management Facilities Management Department _ .Iai< '--DATE: Charles E. Carrington, J~, SR/W , Manager Property Acquisition & Construction Management Facilities Management Department REVIEWED BY: AGi[NDA IT£~q ,,,o. /,/. c..I FEB 11 ZOO3 EXECUTIVE SUMMARY Golden Gate Wellfield Reliability Improvements Project Page 3 Facilities Manageq~4it Depa t REVIEWED BY: Karl Boyer, Principal Project Manager Public Utilities Engineering Department REVIEWED BY: ,~ ,//227 ~ ~__ Roy ~i/nderson, P.E., Director Pubhc Utilities Engineering Department /~ es W. DeLoney, P.E.,P.E., ~dlrministrator /~pa !~ ~tilities Division DATE: DATE: DATE: c>,~ '--~'~~-~ FEB 1 120O3 PROJECT: Golden Gate Area Wellfield Expansion PARCEL: 921/Weaver (Well Site 21) FOLIO: 00308440003 EASEMENT AGREEMENT THIS EASEMENT AGREEMEN~'F. (hereinafjJe/..-r-eferred to as the "Agreement") is made and entered into on this ,/O~-' day of ~t~..~_';¢__, 20~..¢', by and between MARVIN J. WILL WEAVER, INDIVIDUALLY and as TRUSTEE, (hereinafter referred to as "Owner"), whose mailing address is 116 Essex Drive, Knoxville, Tennessee, 37922, and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "Purchaser"), whose mailing address is 3301 Tamiami Trail Easl, Naples, Florida 34112; WHEREAS, Purchaser requires a perpetual, non-exclusive easement, for utility purposes, over, under, upon and across the lands described in Exhibit "A" (said easement hereinafter referred to as the "Properly"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: Owner shall convey the Property to Purchaser for the sum of $1,100.00, payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Properly conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Properly, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; provided; however, that Purchaser shall have the unilateral dght to extend the term of this Agreement pending receipt of such inslruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida AC~: NOA I T£1~. NO o._~ FEB 11 2003 P(;.~ ~ , 5o 10. 11. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, trealed or transferred on the Properly except as specifically disclosed Io lhe Purchaser; that the Owner has no knowledge o~ any spill or environmental law violalion on any property conliguo~.Js to or in the vicinity of the Property to be sold to the Purchaser, that the Owner has nol received notice ar~l otherwise has no knowledge of a) any spill on the Property, bl any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, lreatment, spill or transfer of hazardous substances on lhe Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, cosls and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transaction including but nol limiled lo transfer, documentary and intangible taxes, and reqording costs for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the modgagee(s). The cost of a lille commitment shall be paid by Purchaser. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and lhere are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. If the Owner holds the Prope~/in the lorm of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) This Agreement is governed and construed in accordance with the laws of the State of Florida. AGi;;#DA IT£N I FEB 11 2003 IN ~,TNESS ..~EREOF, the parties hereto have executed this Agreement on this /0 day of .~/,,'~,~,~',~'~/ ,20¢)~ . / Date Property acquisition approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk BY: Tom Henning, Chairman AS TO OWNER: DATED: ~,4" /D ~-'~3' Witn~ss.,.~Signatu r.e,). , (Prtfit or Type) Nam e :,.J~,K-A./(-.. Il (Print ~3r Type) I~R~/iN'/~. ~ViLL Wi~AVER, INDIVIDOALLY and as TRUSTEE Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney .0., /~, ~ i _ FEB 11 20O3 PG. ~ COASTAL ENGINEERING CONSULTANTS A CECI GROUP COMPANY CECI Group Sewlces CJwl Engineering Survey & Mal2O~ng Coastal Eng~neenng ~eal Estate ADDrc Environmental Assessm. Weosffe www coosfolenG~neenngoom WELLFIELD 21 PROPOSED UTILITY EASEMENT DESCRIPTION THE EAST 15 FEET OF TILE WEST 45 FEET OF THE NORTH 15 FEET OF THE SOUTH 35 FEET OF THE SOUTH ~ OF THE NORTHWEST IA OF THE NORTI-D/CEST 'A OF SECTION 15, TOWNSHIP 49 SOUTH, R. ANGE 27 EAST, COLLIER COUNTY, FLORIDA. THE ABOVE DESCKIBES AN AREA OF APPROXIMATELY 225 SQUARE FEET OF LAND. SUBJECT TO EASEMENTS. RESTRICTIONS AND RESERVATIONS OF RECORD. COAST~L~GINEERING CONSULTANTS, 1NC. FLO/R.~D/A BU~~UT~Om~TION NO. LB 2464 PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 5295 NOT VALID WFI-HOUT THE SIG,NATUR.E AN'D THE ORIGINAL I~kISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CEC FILE NO. 00.346 DATE OF SIGNATURE:/-j 310o S. Horoesnoe Drive. Naples. Florida 34104 * Phone (041) 643-2324 Fax (9,~1) oa3-1143 · E-Marl: o~ ~0 O0~ 0 ~o~ 0 EXECUTIVE SUMMARY APPROVE AN AMENDMENT TO WORK ORDER SC-02-45 WITH SURETY CONSTRUCTION COMPANY, FOR THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT NOISE ABATEMENT, PROJECT 70063, IN THE AMOUNT OF $10,276.69. OBJECTIVE: To enable the substantial completion of a noise reduction project at the North County Regional Water Treatment Plant (NCRWTP). CONSIDERATIONS: On March 26, 2002, Item 16(C)(1), the Board awarded Work Order SC- 02-45 to contractor, Surety Construction Company, to perform the NCRWTP Air Conditioning (AC) Units Noise Abatement project. The scope of the work was to enclose the existing AC units with sound attenuation panels to comply with the County's current noise ordinance. Preceding noise readings indicated that the plant was mildly out of compliance along the South property line due to noise emanating from the AC compressors. During the same month the Board axvarded the above Work Order, the new Florida State Building Code (FSBC) went into effect. It mandated a more stringent wind-loading requirement, and resulted in an increase in steel support bracing. In order to obtain the building permit for this project, the design had to be modified to comply with the new FSBC. The contractor has submitted a proposal in the amount of $10,276.69 for the increase in costs to meet the new FSBC requirements. This change also adds 21 days to the contract completion time due to fabrication and delivery of the materials needed to meet the FSBC. A summary of costs related to this Work Order is as follows: Original Work Order Sum of previous Amendments Proposed Amendment Revised Contract Amount Days to Substantial Completion $61,000.00 90 $0 0 $10.276.69 21 $71,276.69 111 (01/20/03) FISCAL IMPACT: Funds in the amount of $10,276.69 are specifically budgeted for these unforeseen conditions in Project 70063, NCRWTP Noise Abatement. The source of funding is User Fees. GROWTH MANAGEMENT IMPACT: This work will have no impact on growth management. AGENDA IT~:~ ~ FEB 2003 Executive Summary Approve An Amendment To Work Order SC-02-45 Page 2 RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District. approve and authorize the Public Utilities Engineering Director to execute an Amendment to Work Order SC-02-45 with Surety Construction Company for thc NCRWTP Noise Abatement project, Project 70063, in the amount of $10,276.69. Peter Schalt, PMP, Project Manager Public Utilities Engineering Department REVIEWED BY: Bill'Mull~. P.E.,-Principal Project Manager Public Utilities Engineering Department REVIEWED BY: Roy B'. Anderson, P.E., PUED Director Public Utilities Engineering Department REVIEWED BY: Pfiul Mattausch, Water Director Public Utilities D~~_ _n APPROVED BY.' ~-~~ ~ame~ W._DeLony, p:l~., Administrator · .(~.f~c Utilities Division DATE: DATE: DATE: REVIEWED BY: Stephen Y. Carnell, {)irectou Purchasing/General Services Department ITEM FEB 11 2003 PC,. _ c:~ CONTRACT MODIFICATION CHECKLIST FORM BID/RFP #: MODIFICATION #: NAME OF FIRM: ,.~ O tP. IF_. T ¥ E o/O-~Tl~-Oc"r/ o CONTRACT AMOUNT: ORIGINAL $ ~Z, OOO-- CURRENT CURRENT COMPLETION DATE(S): SUMMARY ~F PROPOSED C~ANGEfS): . JUSTIFICATION FOR CHANGE(S)..._ . , .~) ,'¢__.4_0,~b,4 ,~v/4.b/,,u6. eob g PARTIES CONTACTED REGARDING THE CHANGE: IMPLEMENTATION STEPS (Check each before proceeding with change) __ ~roposed change is consistent w~th'~h~,= scope of the existing agreement __ Change is being ~mpiemented in a manner cor~sistent with the existir~g agreement __ The appropriate parties have been consulted regarding the change PROJECT MANAGER RECOMMENDATION: DISAPPROVE: Date: /2/-/¢~ / 0 '~ Date: ~ ! 1 t07/02 FEB 11 2003 To: Surety Construction Company CHANGE ORDER From: Collier County. Government 28441 South Tamiami Trail, Ste 109 Bonita Springs, FL 34134 Project Name: NCRWTP HVAC Noise Abatement Work Order Dated: April 2, 2002 Change Order No.: 1 3301 East Tamiami Trail, Bldg. D Naples, FL 34112 Work Order No,: SC-02-45 Project No.: 70063 Date: December 23, 2002 Change Order Description: The Board of County Commissioners awarded Work Order No. SC-02- 45, for $61,000 with Surety Construction Company on April 4, 2002. The following documentation is attached to this Change Order: (1) Written Summary (Descripfioa, Reason and Justification) for each item; (2) Table of Cost/Credit Amounts; and (3) Related Correspondence. $ 61,000.00 Original Work Order Amount .......................................................... $ 0.00 Sum of Previous Change Order Amount ............................................. . $10,276.69 This Change Order Amount .......................................................... i.$ 71,976.69 Revised Work Order Amount ................................................................. Oryna'i Woik Order Time in calendar days ........................................ Adjusted nurnber of calendar days due to previous change orders ............... This Change Order adjusted time is .................................................. Revised Work Order Time in calendar days.,'. ...................................... 90 days 0 days 35 days 125 days 09/30/02 12/30/02 02/03/03 Original Notice to Proceed date ...................................................... Completion Date based on original Work Order time ............................. Revised Completion date .............................................................. Your acceptance of this change order shall constitute a modification to the Work Order and will be performed subject to all the same terms and conditions as contained in the Work Order indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to this Work Order'shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: ~-~~ Date: /~/~ ~//~Z J.RJ~ichard, Engineer s Resident Representative Date: Metcalf & Eddy, Inc Reviewed by: H. Peter Schalt, PMP, Project Manager Collier County Public Utilities Engineering Department Accepted b '( ~ ~ [~4 ~{ ~ ~ / 0fl/ Date: J ,~3M~fi~tox, P~eet ~ag~  C'-~tm~tion C~ny Date: App~ by: Roy ~de~on, P.E., Director _ .  Co~ ~blic Utilities Engineenng Dep~ent Paul M~a~ch, Director Collier Coun~ Water Dep~ment COLLIER COUNTY NORTH REGIONAL WATER TREATMENT PLANT HVAC NOISE ABATEMENT ENCLOSURE PROJECT CONSTRUCTION CHANGE ORDER NO, 1 SUMMARY OF ITEMS ITEM NO.: 1 TITLE: Additional Panel Fabrication COST: $ 3,789.00 Description: Manufacturing of 18 noise reduction panels and 6 ventilation louvers in lieu of 12 larger panels and 4 larger louvers. Reason: To accommodate structural support design change which required a greater number of smaller panels and louvers. Panel manufacturer is proposing to construct 50% more panels for about 30% additional labor cost. There will be about 10% added materials to construct the smaller panels. Justification: Florida Building Code changes dictated additional wind-load requirements, resulting in increased uplift support. (See attached time-line letter.) ITEM NO.: 2 TITLE: Additional Structural Support Steel COST: $ 6,487.69 Description: Increase structural support steel for HVAC noise panel installation Reason: To obtain adequate uplift support for enclosure panel installation. Approximately 33% more structural support will be required. Associated cost of labor and material also equates to an additional 33%. Justification: Florida Building Code changes dictated additional wind-load requirements, resulting in increased upIift support. (See attached time-line letter.) NO.~ Metcaff & Eddy October 1 !, 2002 Collier County Government 3301 East Tamiami Trail Naples, FL 34112 Attn: Pete Schalt RE: North Collier Regional Water Treatment Plant AIC Noise Panel Installation Dear Pete, A price modification request for the referenced project was submitted by Surety Construction in two parts based on Building Code revisions. These r~visions are as follows: I. August 27, 2002-Surety submits Item #1, in the amount of $6,487.69 for increased structural steel required to meet wind load ratings. 2. October 4, 2002-Surety submits Item #2, in the amount of $3,789.00 for decreased panel size (Decreased size equates to increased number of panels for the same area). These items have been reviewexl and appear to be fair and reasonable. If there are any questions or concerns, please don't hesitate to contact me at (954) 410-604~. Sincerely, cc: Steve Messner Rich Ulkus Nick Cooper .left Maddox File PG. Metcalf & Eddy October 25, 2002 Collier Corm .ty Government 3301 East Tamiami Trail Naples, FL 34112 Attn: Pete Schalt RE: North Collier Regional Water Treatment Plant A/C Noise Panel Installation Dear i~ete, As you are aware additional cost to install the acoustical panels over the HVAC units at the NCRWTP has been realized by Surety Construction, the Contractor, and submitted via Change Order. These costs are associated with a re-design to accommodate wind load requirements set forth by the new Florida State Building Code, which went into effect in March 2002. After the additional wind load requirement went into effect, new calculations and support detail was necessary to comply with Building Code changes. Please understand that the original design was completed and bids solicited more than two months prior to the Building Code changes. Below is a sequential order of events leading up to the changes in scope for this project and subsequent additional cost. 1. December 2001-1nitial design completed and request for bids sent to prospective contractors. 2. January 25, 2002-Bids due from prospective installation contractors. Two bids were received, with one contractor declining to bid. 3. March 2002- New Florida State Building Code effective, which increases design wind load requirements for the Collier County area from 110 MPH to 130-150 MPH. 4. April 4, 2002- Collier County Purchase Order issued to Surety Construction. 5. June 10, 2002-Original shop drawing submittal. 6. June 20, 2002-Shop Drawings were approved "Make Corrections Noted" for panel layout concept and panel configuration. Structural components were not included. 7. August 6, 2002-Signed, sealed drawing for permitting were submitted to Surety Construction, with modified structural components to meet current wind load requirements; 8. August 27, 2002-Surety submits Change Order #1, in the amount of $6,487.69 for increased structural steel required to meet wind toad ratings. 9. September 6, 2002-Surety submits plans to Collier B&Z for permits. 10. September 17, 2002- Surety submits revised shop drawings which reflect the structural modifications and decreased panel size to assure wind load compliance. 11. September 27, 2002-Shop drawings were approved "Make Corrections Noted" and returned to Surety Construction, which triggered the Work Order duration start date (Officially September 30, 2002). 3740 Executive Way EMiramar, FL 33025 AG~iNDA FEB f f 2003 January 16, 2003 Page 2 l 2. October 4, 2002-Surety submits Change Order #2, in the amount of $3,789.00 for decreased panel size (Decreased size equates to increased number of panels for the same area). 13. October 24, 2002-Progress Meeting # 1, Permits in hand. Ready to mobilize. As evidenced by the preceding order of events, changes to the design affecting the cost of the project were dictated by the implementation of the new Building Code, which went into effect after the pricing was completed. If there are any questions or concerns, please don't hesitate to contact me at (954) 410-6044. Sincerely, Construction Manager cc: Steve Messner Rich Ulkus Nick Cooper Jeff Maddox File FEB 11 2O03 00T-04-2002 FRI 03:07 PN SURETY F~× NO. 9927977 P, 02/04 -' ~ SURETY CONSTRUCTION ;C3MPANY METCALF & EDDY. INC. TWO SUN COURT SUITE 2OO NORCROSS, GEORGIA 30092 A't'TN: NICK COOPER R.EF: NORTH COLLIER. WATER PLANT SOUND PANELS NICK, i RECEIVED A CHANGE OR.DER REQUEST FROM lAC ON THE SOU'ND PANELS. APPARENTLY WHEN THE STRUCTURAL ENGINEER CHANGED THE PANEL LAYOUT FROM TWO PANELS WIDE TO THREE. TI-IlS HAS INCREASED THE NUMBER OF PANELS FOR MANUFACTURING AND LABOR. THEY A.R.E REQUESTING AN ADDITIONAL $3,250.00 PLUS TAX OF $195.00 AND OUR FEE OF $344,00 WE AgE REQUESTING A CHANGE ORDER AD~ PLEASE FEEL FR~E TO CALL ME iF YOU HAVE ANY QUESTIONS. SINCERELY, ¢~3C ~CG1571 CGC ~Q3q~32 .o. ,,a ! FEB 1~ 200.t F~ NO, 9927977 ?, 01/03 ~U6-27-2002 TUE 02:25 PM SURETY SURETY CONSTRUCTION COMPANY k METCALF &EDDY, INC. TWO SUN COURT, SUITE 200 NORCROSS, OBORGIA 300~2 ATTN: NICK COOPER REF: NORTH COLLIER WATER PLANT pest-it" Fax Note 7671 I)~a'~.~/o.,~l~es~' , ~ _ 3h~# ~ho~, # N,tC.~ ATTACHED IS A QUOTE FOP, THE ADDITIONAL STRUCTURAL STEEL WORM- AS DESCRIBED ON YOUR DRAWING. TH~ STEEL WILL HAVE STANDARD RED PRIMER, NO FINISHED ['AIN'T HAS BEEN FIGURED. THE QUOTE IS FOR $5,~?,90 PLUS A TEN PERCE'NT CONTRACTORS FEE TOTAL CHANOE ORDER REQUEST IS FOR $6,4117,69 PLEASE FEEL FREE TO CALL ME IF YOU HAVE ANY QUESTIONS. SINCERELY, IEFFREY MADDOX I::IUG 27 'la2 13:42 992~977 #0.~ FEB 1 '~UG-27-2002 TUE 02:35 PM SU~TY QuoMtk.l E0101'12 2g~l Tmm~ T~l S. FAX NO. 99279?? Fax 041.S04.18~1 A.e.et 2e, Mo~ P~ P. 02/03 02 9~4.778 3J6.aO# 7~3.$7J f~AJG 27 '1~2 &3:42 ~27~77 'AUG-27-2002 TUE 02:36 PM SURETY FAX NO, 9927977 · 88/2672802 ~6=5B ~4~-5~4-~884 ~ ZRQ, I~ NO~~mSUpl~ymdyJlnm~'en~MA~. P. 03/03 13:4~ 9927977 A~DA ]T£H ~ ~o., /~,/"~ ~ FEB 11 2003 P~. l,q.. EXECUTIVE SU3~MARY APPROVE A WORK ORDER WITH GREELEY AND HANSEN LLC TO PERFORM AN INFLOW & INFILTRATION STUDY FOR THE SOUTH COUNTY WASTEWATER SERVICE AREA IN THE AMOUNT OF $297,880.00, PROJECT NUMBER 73164 OBJECTIVE: To obtain approval of a Work Order under Contract #00-3119 for performance of an Inflow & Infiltration Study for the South County Wastewater Service Area. CONSIDERATIONS: As the result of overflow events which have occurred at several pump stations within the South County Wastewater Service Area, a project has been included in the 2001 Wastewater Master Plan Update identified as South County I & I Analysis. Such is consistent with a draft amendment to the Consent Order with the Florida Department of Environmental Protection dated December 2, 2002, which requires that Collier County shall conduct a Comprehensive Inflow and Infiltration Study addressing the North and South Sewer Service Areas and submit the results to the Department by December 31, 2006. This project, which is a defined project in the sewer capital projects budget for FY 03 approved by the Board on September 5, 2002, will provide sewer system inflow and infiltration analysis and field investigation as recommended in the South County Regional WRF Design Report (June 2001). The goal is to reduce wet weather flows to the South County Water Reclamation Facility. Thereefom, a proposal was obtained from and negotiated with Greeley and Hansen LLC to perform the scope of work for this project. Authorization to perform this work will be through a Work Order to the Agreement for Fixed Term Utilities Engineering Services (Contract #00-3119) which is attached hereto for your consideration. FISCAL IMPACT: The cost to perform the scope of work in the attached Work Order is $297,880.00. The current appropriation in the FY 03 budget for this project is $200,000.00. Therefore, approval of a budget amendment is necessary whereby funds will be transferred from the reserves of Fund 414, County Sewer Capital Projects to provide sufficient funds in Project Number 73164 for this obligation. Source of funds is hta$'Cmva~cer User Fees. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this item. RE COMMENDATION: That the Board of County Commissioners: 1. Approve Work Order #GH-FT-02-15 in the amount of $297,880.00 to perform an Inflow & Infiltration Study for the South County Wastewater Service Area; and 2. Authorize the Public Utilities Engineering Director to execute the Work Order; and 3. Approve the necessary budget amendment FEB 11 2003 Executive Summary Greeley and Hansen Work Order Page 2 SUBMITTED BY: c~__ff~./~~...~ DATE: Harry"l~Uber, Senior Project Manager Public Utilities Engineering Department REVIEWED BY: Roy/B. Anderson, P.E., Director Pul51ic Utilities Engineering Department ~ ?~7 .' ~~DATE: REVIEWED BY: S(ephe!~am'~ll Purchasin~General Services Director APPROVED BY: r.' ~>~,' ~ /..--'"'"-~es W. DeLony~ P.E., Adminis~tor ~.__~lic Utilities Division / FEB 1 1 2O03 WORK ORDER # GH-FT-02-15 Agreement for Fixed Term Utilities Engineering Services Contract #00-3119 Dated April 10, 2001 This Work Order is for professional engineering services for work known as: Project: Inflow/Infiltration Study for South County Wastewater Service Area The work is specified in the proposal dated November 13, 2002, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, WotkOrder #GH-FT-02-15 is assigned to Greeley and Hanson LLC. Scope of Work: Task I - Collect and Review Existing Data Task 2 - Develop Data Collection Approach Task 3 - Coordinate and Review Stormwater Options Task 4 - Collect New Data Task 5 - Prepare Final Report Task 6 - Assist County with Preparation of New Ordinance(s) Task 7 - Additional Services Allowance Schedule of Work: Complete work within 504 days from receipt of the Notice to Proceed authorizing start of work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the lump sum amounts indicated in the schedule be]ow (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). Task 1 - $10,600 Lump Sum Task 2- 56,360 Lump Sum Task 3 - 28,380 Lump Sum Task 4- 89,580 Lump Sum Task 5 - 57,760 Lump Sum Task 6 - 18,000 Lump Sum Task 7 - 37,200 Time and Material TOTAL FEE $297,880 Any cbange within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. PREPARED BY: APPROVED BY: APPROVED BY: Itarry Huber, Senior Project Manager Public Utilities Engineering pepartment J~eph B. Che~m, Wastewater Director R~y B/( Anderson, P.E., Director Public Utilities Engineering Department ACCEPTED BY: By: Approved as to Form and Legal Sufficiency: Thomas d. P'ain~er, ~Assistant County Attorney Date / 2. Date '/Date Date Greeley and Hanson LLC Name of Firm Rog S. Howell, P.E., Associate FUND: 414, COST CENTER: 263614, OBJECT CODE: 631400, PROJECT NO. 73164 AGENDA /T£FI ~ NO.~ FEB [ l 2003 PG..,. EXHIBIT A COLLIER COUNTY GOVERNMENT PUBLIC UTILITIES ENGINEERING DEPARTMEN~r Work Order #GH-FT-02-15 Inflow/Infiltration Study for South County Wastewater Service Area Scope of Services Greeley and Hansen Luc November 13, 2002 Greeley and Hansen LLC, herein referred to as ENGINEER, shall perform professional engineering services for Collier County, herein referred to as COUNTY, associated with Inflow/Infiltration (UI) Study for South County Wastewater Service Area, herein referred to as PROJECT, for COUNq'Y. This work order shall be completed in accordance with the terms of Contract 00-3119. The PROJECT comprises specific Tasks required to accomplish the following professional en~neering services: · Review existing data relating to the south wastewater collection system; Coordinate and review stormwater improvement options with the Stormwater Section of the Transportation En~neering and Construction Management Department of the Collier County Transportation Division (Storrnwater Section); · Assist COUNTY to procure testing contractors; · Determine additional data gathering and testing required for identification of system deficiencies or areas of excessive inflow and/or infiltration; · Collect data using testing contractor(s) procured by COUNTY; · Assist COUNTY in preparation of new ordinance(s) to control IA to the wastewater collection system; · Prepare testing summary report of data collected; and · Prepare final UI report. Page 1 of 5 FEB 11 2003 The output for these professional engineering services shall be a report to COUNTY detailing the data collected, field testing results, deficiencies identified, recommended repairs and implementation schedules. Descriptions of the Tasks are presented below. Task 1. Collect and Review Existing Data Collect and review the following available basic data relating to the South County Wastewater Service Area: Electronic files of wastewater collection system and storm sewer system for the portion of the systems owned by COUNTY, including available GIS information and base mapping; Plans of privately owned systems that connect to the COUNTY system; Existing data relating to wastewater flow measurements, COL~rTy pumping station run times, rainfall data, seasonal population by service area, and aerial mapping; Information that has been obtained by COUNTY Wastewater Collections Department, including TV inspections, testing reports, sewer repair records, smoke testing records, manhole inspection reports and related available information; Information on localized flood data from COUNTY Stormwater Section; Plans of previous rehabilitation projects; and Information relating to age of and pipe materials in collection system. Task 2. Develop Data Collection Approach Based on review of existing data available from COUNTY, identify additional data collection and testing requirements and procedures. A. Prioritize locations where additional data collection and testing are required with Wastewater Collections Department based on locations of sanitary sewer overflows, surface flooding, known Vi problem areas, pumping stations with excessive run times, and previous test data and inspection reports. B. Conduct field review of selected high-priority PROJECT areas. C. Design geodatabase in which to compile Ill results. This database shall be used by ENGINEER to map results and perform analyses. This database shall be compatible with COUNTY's GIS. Using ESRI's ArcGIS, the following data layers shall be added to or linked to COUNTY's geodatabase: Page 2 of 5 FEB 11 2003 · Sewer catchment areas (new) · Smoke testing (new) · Sewer segments Oinked) · Manholes (linked) · Localized flooding (new) D. Develop data collection and testing procedures for high-priority locations, consisting of the following: Task 3. 1. Wet/dry weather flow measurements/monitoring 2. Smoke testing 3. Dye water tracing 4. Manhole inspections 5. TV inspections 6. Rainfall data collection 7. Identification of localized flooding E. Assist COUNTY in procurement of up to three contractors to perform Vi testing services by preparation of bidding documents for contracted Vi testing services, lfI testing services contract will be advertised and proposals will be received by COUNtry Purchasing Department. COUNTY will execute the contracts. ENGINEER shall prepare Scope of Services for Ill testing requirements and assist Purchasing and Public Utilities Engineering Departments in evaluation of proposals with regard to conformance to contract requirements. Attend two meetings with COUNTY to a~ee on data collection approach. Coordinate and Review Stormwater Options with COUNTY Stormwater Section ~ A. Collect and review plans for stormwater improvements within PROJECT area from COUNTY Stormwater Section. B. Assist COUNTY Stormwater Section with review of up to two stormwater improvement options within the PROJECT area. Stormwater options shall be developed by the Stormwater Section. Correlate stormwater options with high- priority I/I study areas. C. Attend up to six meetings with Stormwater Section to collect information, coordinate Ill study procedures, obtain new data, review stormwater options and evaluate data. Task 4. Collect New Data Execute data collection approach developed in Task 2. Page 3 of 5 FEB 11 2003 Contact owners of up to five private systems to schedule for inspections and testing. Arrange for and schedule testing with property owners and homeowners' associations. Permission to allow entry for private system testing shall be obtained by COUNTY. Manage and monitor field testing program performed by contractors. Conduct field inspections during data collection and monitor data collection, but not to exceed 320 man-hours of field services. Co Bo Quantify I/I in total and by source. Review and summarize electronic data for incorporation into the COUNTY's GIS system. Prepare testing summary report. Report shall include descriptions of the testing procedures used and testing results by location, descriptions of system deficiencies found by location and quantification of the inflow and infiltration determined from the testing performed. All field testing will be performed by contractors procured and contracted with COUNTY. Task 5. Prepare Final Report A. Perform cost-effective analysis to determine what defects to repair and prioritize repairs. Bo Prepare draft report to include recommended repairs, implementation schedules and estimated implementation costs. Submit ten copies of the draft report to COUNTY for review. Do Task 6. A. Bo Attend two meetings with COUNTY to discuss draft report comments. Respond to up to two rounds of COUNTY review comments. Review comments shall be directed through COUNTY Project Manager to ENGINEER. Prepare final report. Submit ten copies of draft and final reports to coUNTy. Assist COUNTY with Preparation of New Ordinance(s) Assist COUNTY with preparation of technical portion of up to two new ordinances for control of I, rl. Prepare draft of technical portion of new ordinance(s) for COUNTY review. Assist COUNTY in preparation of brochure to inform public of the impacts of I/I. Attend two meetings with COUNTY to discuss and review brochure and ordinance(s). Prepare final technical portion of new ordinance(s) and submit to [ ~GI2 In0~ IT[tn Page 4 of 5 i FEB 11 Z0O3 COUNTY. Legal portions of ordinance(s) will be prepared by COUNTY and submitted to Board of County Commissioners for adoption. Task 7. Additional Services Allowance Allowance for Additional En~neering Services related to performance of the South County Wastewater Service Area Inflow/Infiltration Study on a Time and Materials basis. Costs and Method of Compensation Task 1:$10,600 (Lump Sum) Task 2:$56,360 (Lump Sum) Task 3:$28,380 (Lump Sum) Task 4:$89,580 (Lump Sum) Task 5:$57,760 (Lump Sum) Task 6:$18,000 (Lump Sum) Task 7:$37,200 (Time and Materials) Total: $297,880 Schedule Time for Completion Cumulative Time for Completion From Notice to Proceed Task 1: 4 Weeks 4 Weeks Task 2: 12 Weeks 15 Weeks Task 3: 52 Weeks Concurrent with other Tasks Task 4: 37 Weeks 52 Weeks Task 5: 20 Weeks 64 Weeks Task 6: 12 Weeks 72 Weeks Task 7: 64 Weeks Concurrent with other Tasks A detailed schedule is shown on Attachment A. This schedule may be extended due to failure of COUNTY to employ testing contractors on schedule, contractors' actual performance schedules, inclement weather, and other delays beyond ENGINEER's control. ENGINEER shall provide written notice to advise COUNTY Project Manager within five calendar days of any such delays. Page 5 of 5 FEB 11 2003 FACT SHEET DATE 01/29/03 SUBJECT: Inflow/Infiltration Study for the South County Wastewater Service Area Purpose: To provide specific information related to the request for approval of a Work Order with Greeley and Hansen to perform the subject study. Background/Considerations: This project was established in the 2001 Wastewater Master Plan Update to address recommendations contained in the South County Regional WRF Design Report dated June 2001. Subsequent storm related events which occurred at PS 3.06 and PS 3.08 in the South Wastewater Service Area reinforced the need for this project. A scope of services was developed comprised of the following specific tasks: Review existing data relating to the south wastewater collection system: · Coordinate and review stormwater improvement options with the Stormwater Management Department; · Assist County to procure testing contractors; · Determine additional data gathering and testing required for identification of system deficiencies or areas of excessive inflow and/or infiltration; · Collect data using testing contractors procured by county; · Assist County in preparation of new ordinance(s) to control I/I to the wastewater collection system; · Prepare testing summary report of data collected; and · Prepare final FI report. Performance of these tasks is scheduled to be completed within 504 calendar days from the notice to proceed authorizing the work. e Future Actions/Considerations: On October 16, 2002, a meeting was held with representatives from FDEP to discuss issues related to overflow events which have occurred. As a result, FDEP recommended preparation of an amendment to the Consent Order whereby an I/I Study would be performed for both the North and South Service Areas. They want to eliminate extraneous flows to both plants. Therefore, a project to perform an Ifl Study for the North Wastewater Service Area is included in the 2002 Wastewater Master Plan Update. Such is scheduled for performance during FY 2004. The proposed amendment requires the results of both studies to be submitted to FDEP by December 31, 2006 .... FEB e Se e Coordination Required: Since deficiencies in the stormwater management system is a significant contribution to the problem, a task included in the scope of services requires coordination and review of stormwater improvement options with the County Stormwater Management Department. Fiscal Impact: The cost to perform the scope of work as contained in the Work Order with Greeley and Hansen is $297,880.00. Funds in the amount of $200,000.00 are currently appropriated in the FY03 budget for this purpose and are contained in Fund 414, County Sewer Capital Projects. The additional amount of $97,880.00 is attributed to a change in scope subsequent to the recommended budget included in the 2001 Wastewater Master Plan Update. Specifically, discussions with FDEP related to the Consent Order resulted in the requirement to perform an analysis of the entire South Sewer Service Area versus specific problem areas as originally envisioned. As such, an additional $200,000.00 has been included for this purpose during FY04 in the 2002 Wastewater Master Plan Update, which results in a total budget of $400,000.00 for the scope of services included in this Work Order. Therefore, approval of a budget amendment is being requested to account for this difference during FY03. The 2002 Wastewater Master Plan Update also recommends funding during FY04, FY05 and FY06 in the amount of $300,000 each year for implementation of improvements recommended by the Ifl Study. Recommendation: Approval of a Work Order with Greeley and Hansen to authorize performance of the Ill Study for the South County Wastewater Service Area.. I 2 E3 EXECUTIVE SUMMARY ACCEPTANCE OF AN ADDZ'iT. ONAL $66,179 ~ STATE A]:D TO I,I:BRAI:LI:E$ [rd FY03. OB~TEC1-J:VE: To recognize and budget additional funds that the Collier County Public Library System is authorized to receive in State Aid for FY 2003. CON$IDERATZON$: The Board approved submission of the Application for State Aid on September 10, 2002. (Agenda Item 16.d.i.) Florida Statutes stipulate the manner in which these funds may be expended. State Aid to Libraries is, by legislative intent, provided to improve library services within the State and is to supplement, rather than replace, local efforts towards that end. The Collier County Public Library has qualified for State Aid to Libraries since the program inception in 1964. State Aid was included as anticipated revenue ($350,000) in the FY 2003 Collier County Library Grant Fund Budget. The actual amount of State Aid received depends on the number of Florida Counties qualifying and the amount of funds appropriated by the Florida Legislature. This program was funded by the Legislature at a level that will provide $416,:[79 to Collier County. This figure is $66,179 higher than anticipated in the FY2003 Budget. As local government support for the Library increases, so does the amount returned to Collier County in State Aid. These funds can be used for any Library expense except fixed capital purchases such as construction expenses for a new library and cannot replace local funds. Library staff is recommending that funds be used to purchase additional books for all of the Library Branches. F~SCAL ]:MPACT: The Library Grant Fund (129) Budget for FY 2003 will increase from $350,000 to $416,179. &ROWTH MANAGEMENT ~:MPACT: None. RE¢O~Ak~ENbATZON: Staff recommends Board approval of any necessary budget amendments that recognize this additional 5tare Aid. Mardyn Matt~, ~ss stant L brary b rector eviewed and Approved by: ~ /~ohn W~T..~es, Libra~tox~ - 'n bunnuck, Public Se~ic~ Administrato~ Agen da~ ,,~tcem FEB ! 1 2003 EXECUTIVE SUMMARY AWARD OF BID #03-3438 TO GOLDEN GATE NURSERY AND SOD AND LEO'S SOD FOR PURCHASE AND DELIVERY OF TURF AT A PROJECTED COST OF $70,000 Obiecfive: To maintain healthy and beautiful facilities at the lowest possible cost. Considerations: Collier County purchases turf throughout the year for maintenance of parks and facilities. Invitations to bid for contracted vendor status for purchase and delivery of turf were sent to 49 bidders on December 11, 2002. Two bidders returned proposals by the due date. Staffhas reviewed the proposals and recommends award of the bid to Golden Gate Nursery and Leo's Sod. The selection of two vendors provides redundant service in the event that one contractor cannot provide services when required. A bid tabulation sheet is attached for review. Fiscal Impact: Funds are included in the FY 03 budget in various maintenance budgets within the Parks MSTD General Fund (111) and Pelican Bay MSTBU Fund (109). Growth Mana.qement Impact: Facilities to be maintained are inventoried in the Growqth Mm~agement Plan. Recommendation: That the Board of County Commissioners approve the award of Bid//.03-3438 to Golden Gate Nursery and Sod and Leo's Sod for purchase and delivery of tur[: ~~.~.f/ X' ~' Ax-,.__~anda~TT~w-~s~t~d(Operat,~o,/m;/C oo rdi nat o r ./ Parks and Recre~on Depamnent Reviewed by: ~ ~,~ ~.~i.,~ Date: /1~'~ Ma,~- O. RamseS, nirec~ / / / Parks and Recreation Dependent _ Reviewed by: ~d~ ~ ~~' Date: -Steve CaJ/nell,~Dir~ector ~,¢,rclmsing Department/~ Approved by: ~',.'~'~~ Date: Joh~Dunnuck, Administrator Division of Public Services EXECUTIVE SUMMARY APPROVAL OF CONTRACT TO SWEET, an ORTIVUS COMPANY, FOR THE PURCHASE OF BILLING SOFTWARE FOR THE EMS DEPARTMENT IN THE AMOUNT OF $25,435. OBJECTIVE: To purchase an upgrade for current billing software that will enable the EMS billing department to be compliant with the Federally Mandated Health Insurance Portability and Accountability Act (HIPAA). CONSIDERATION: Federal law mandates that the County comply with HIPAA regarding electronic transactions and privacy standards as of April 14, 2003. In order to comply with the mandate, the EMS billing department must upgrade their current software. Sweet, an Ortivus Company, is the current vendor for EMS billing software and would be performing the upgrade and training for billing personnel. The Board of County Commissioners approved the original contract on 10/13/98, RFP #97-2668, Agenda Item 16D3. The results of research by staff regarding other options and alternatives to upgrading, determined that it would be not only cost- prohibitive to choose an alternate vendor, but would likely fail to meet the required compliance dates. Therefore, under Section V Subsection C of the Purchasing Policy, staff has determined that this is a sole source purchase, and requests a waiver of formal competition. FISCAL IMPACT: The total cost of the upgrade is $25,435.00. Funding is available in FY 03 in the EMS Grants Trust Fund (Fund 491), for $15,000.00 and in the EMS Operating Fund (Fund 490), for the remaining $10,435.00. A budget amendment is required to put the funding in the correct object codes. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners: 1. Waive formal competition under Purchasing Policy Section V, Subsection C, 2. Approve the contract with Sweet, an Ortivus Company 3. Authorize the Chairman to sign the County Attorney approved contract and 4. Approve necessary budget amendments. Captain Diana Watson, Grant/Budget Coordinato~t * REVIEWED BY: (~(~/ Po~ DATE: Jeff Pagg/~tor of l~rn~rgeney Medical Servi~ Steph~n Y. ~arnell, Director of Purchasing FEB I 1 003 John Dunnuck, Publi~: Services Division Administrator AgenU~a. I tern 1. Page: 6, sectio= XlI ~ .. The c, om-m.~fiou and. perfom:m.n=e oflhi~ Agreememt shall be ~r~ra~d, byt~a law~ oft. he State ofFlm'ida, '~th~ut x=ga,-~ however, to ofl~w 2. Page 4 - Se. aiou VIII - Term and Termination-This agr~nent may be tewnlnated by the cu.~om~ upon 30 days va-i~n nc~ice to Swe~t Page ~ - 8c~ion X - Disol~imcr - to the =nt p=~uir~d by law, customer agre=s to 4. Page ~ - 8~c~ion XI-Index~ficarlon - to th~ extent permitt~ by law, customer shall io~,-,~y ..... Tes3mical Su-~ort A_~memem I. P~ ~ - Se. cilia ~ - ~ ~) ~e v~ ~d p~~e offs A~~t ~1 ~ gov~d by ~d co~ ~ acc~ce ~ ~e hws of~ S~ of Flofi~ ~clu~ ~t ~dy of law ~pli~lc ~ choice of law. County ~ov~:une, ut BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY~ FLORIDA By: Tom Sisned Dat~ S~;L~]~T, ~n Ofdvus Company Signed V County Aflcw'ney .... Henning, Chairman Attest: DWIGHT E. BROCK By: Deputy C3. erk 1I. III. SWEETUcensing Agreement GENERAL TERMS AND CONDTI/ONS Agreement. This Agreement is made by and between, Sweet Computer Services, Inc., d/b/a/, SWEET~ an OrlYvu~ Company, ("SWEET)and the Customer named on the signature page hereto, ("Customer'~) for the license to use the Software product as described herein in consideration of the amount to be paid listed on the attached b'W£ETSales Order. This Software consists of disks containing computer software ("Program'~) and a user manual (''User Manual'') from SWE~and is comprised of the modules as indicated on the $1~£ETSales Order. This Agreement provides for use of one authorized copy of the Program by Customer. SW£ETretains the title, dght and interest in and to the Program, including upgrades, updates, and/or other enhancements or modifications to the Program in any medium, including but not limited to all copyrights, patents, trade secrets, trademarks, and other proprietary dghts. Customer acknowledges that the Program represents and embodies certain trade secrets and confidential information of b'W£E7: For purposes of this Agreement the item Developments shall mean all Programs, Upgrades, Updates or other enhancements or modifications to the Programs, if any, and all Documentation or other materials developed and/or delivered by SW£ETin the course of providing Technical Support or otherwise, under this Agreement. SWEETgrants Customer a limited non-exclusive, non-transferable license to load one (1) copy of the Program into the memory of microcomputers located at the Customer's site set forth on the SW£ETSales Order (''Designated Site'~ for Customer's internal operational use only and, if applicable, for Customer's use as a provider of billing services, as set forth on the SWEETSales Order (only from the "Designated Site"), to other third party ambulance companies that Customer specifies on the SWEETSales Order. Customer will be charged a fee as set forth on the Sweet Sales Order for each copy of the Program in use at each Designated Site and a separate fee for each third party ambulance company for which Customer provides services, using such licensed copy. Customer shall pay the fee in accordance with the payment terms set forth on the bl~'ETSales Order. Customer may make one (1) archival copy of the Program for use on the same microcomputers. All licenses under the terms of this Agreement must access the same data source, a single database that is the central repository of data for the , .~; ~:~b'~ d c~!~ :/2 J'~ ~.: Initials soft~are. Customer agrees to affix to the archival copy, the copyright and trademark notices and the serial number contained on the original disk from which the archival copy is made. The archival copy and the odginal copy of the Program are subject to the restrictions in this Agreement and both must be destroyed if Customer's continued possession or use of the original copy ceases or this Agreement is terminated. Program Upgrades Upgrades denote any enhancements or subsequent versions of the Program that .~'£Tmay make generally available to Customer. Customer will have the option to purchase any or all upgrades from SW£b~. V. Technical Support Customer may purchase from SWEE7;, a yearly Technical Support agreement. Updates, signifying a Program correction or minor change, are part of the Service and Maintenance agreement. VI. Restrictions Customer agrees not to'. · Modify the Program or Developments other than as required for internal use of such Program under the terms of this Agreement. · Reverse engineer, disassemble, decompile or reduce the Program to a human perceivable form or translate, sub-license, resell for profit, lend, rent, lease, or otherwise distribute, (including electronically), any whole or portion of the Program to any person or entity not authorized under this Agreement. · Merge or combine the Program with other computer programs or create derivative works based on the Program. · Remove, obscure, or alter any notices of the $1~'£E'/'copyright or other proprietary legends on the Program. · Transfer or assign rights or copy of Program under this Agreement. This Agreement is not assignable including by operation of law; any such attempt renders all license rights null and void. · Transfer the Program to any person or entity in violation of the United States Export Administration Act. VIZ. Confidentiality In association with the negotiation of this Agreement and .~"WEETs participation in the installation and support of the Program, Customer has obtained or will obtain confidential information regarding trade secrets of .~'~VEE~, the programming that comprises the Program, sales and marketing plans and other similar information. Customer hereby agrees that, for itself and its shareholders, officers, directors, employees, and agents, Customer shall not disdose any of SHfEETs confidential information without SWEETs pdor written consent for any such disdosure. In association with the negotiation of this Agreement and the partidpation of .~EETin the installation and support of the Program, SWZ~has obtained or will obtain Customer's confidential information regarding the business and financial plans Initials of Customer, the records of patients served by Customer, accounts payable and accounts receivable of Customer, personnel information, trade secrets, customer lists, and other similar information. ~'/'shall not disclose any of Customer's confidential information without Customer's pdor written consent for any such disclosure. In addition to $1~'~s obligations regarding nondisclosure of Customer's confidential information set forth above, ~£~ in the event it is deemed to be a "Business Assodate' pursuant to 45 C.F.R. § 160.103, shall, effective on or after April 14, 2003, or such other implementation date established by law, carry out its obligations under this Agreement in matedal compliance with the regulations published at 65 Federal Register 82462 (December 28, 2000) (the "Privacy Regulations'g pursuant to Public Law 104-191 of August 21, 1996, known as the Health insurance Portability and Accountability Act of 1996, Subtitle F - Administrative Simplification, Sections 261, et seq., as amended ("HIPM"), to protect the privacy of any personally identifiable, protected health information ("PHi") that is collected, processed or learned in connection with the furnishing, installation or support of the Program. in conform!b/therewith, ~i~£E'/'agrees that it will use its reasonable best efforts to: Not use or further disclose PHi except: (i) as permitted under this Agreement (that is, for the installation and support of the Program; and related administrative functions pertaining to these activities); (ii) as required for the proper management and administration of $1~£~/'in its capadty as a HIPAA Business Associate of Customer, in the event ~'b-/'is deemed to be a Business Associate of Customer for these specified purposes; or (iii) as required by law; · Use appropriate reasonable safeguards to prevent use or disclosure of PHI except as permitted by this Agreement; Report to Customer any use or disclosure of PH! not provided for by this Agreement of which $1~'ETbecomes aware; Ensure that any agents or subcontractors to whom ~l~£--'~provides PHI, or who have access to PHi, agree to the same restrictions and conditions that apply to · "W£~with respect to such PH!; Make PHi available to the individual who has a right of access as required under HIPAA in the event ~'~¢Z_~-/'maintains any PHi in a designated record set as defined by 45 C.F.R. § 164.501; Make available for amendment and incorporate any amendments to PHi when notified to do so by Customer in the event that ~i~'E'rmaintains any PHI in a designated record set as defined by 45 C.F.R. § 164.50:~; Make available to Customer the information required to provide an accounting of the disdosures of PH!, if any, made by $1~L~'Fon Customer's behalf, provided such disclosures are of the type for which an accounting must be made under the Privacy Regulations; Agen d~. I' , EEG 2003 Make its internal practices, books and records relating to the use and disclosure of PH! available to the Secretary of the Department of Health and Human Services for purposes of determining Customer's compliance with HIPAA and the Privacy Regulations; and At the termination of this Agreement, return or destroy all PH! received from, or created or received by Sw£Eron behalf of Customer. In the event the return or destruction of such PH! is infeasible, SWE~ obligaUons under this section VI! shall continue in force and effect so long as SWEETpossesses any PH!, notwithstanding the termination of this Agreement for any reason. Term and Termination The term of this Agreement is perpetual unless otherwise spedfied on the relevant SWEETSales Order, or unless otherwise terminated under the terms of this Agreement. Both the Agreement and Customer's dght to use the Program, terminate automatically if Customer violates any part of this Agreement. In the event of termination, all copies of the Program and Documentation must be returned to ~I4~'E~, immediately. Limited Warranty b"WEETwarrants to Customer, for ninety (90) days from the date of shipment to the Customer, the Program disks contain an accurate reproduction of the Program and associated documentation, if any. The Program itself is exduded from warranty. Customer's exdusive remedy in replacing these materials is to: 1. Return the inaccurate disk or copy of documentation to SWEET within the warranty period or, 2. Refund the amount of license fees paid for the relevant Program license, less a pro rata portion applicable to the amount of time the program was used, within the warranty period. THIS LTMI'rED WARRANTY ONLY COVER~ THE OR/GINAL USER OF THE PROGRAH, AND SWEETHAKES NO OTHER EXPRESSED OR IHPI./ED WARRANTIES. ANY AND ALL WARRANTIES EXPRESSED OR IHPI./ED RELA'r/NG HERETO ARE 11'HI'rED IN DURATION TO THTS NINETY (90) DAY WARRANTY PERIOD. Si~EETs LIABILITY TO CUSTOMER FOR ALL DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE- LIMITED TO THE GREATER OF $250 OR THE AMOUNT OF MONEY PAID FOR THE RELEVANT PROGRAM OR SERVICE, AS APPLICABLE, THAT GIVE RISE TO ANY SUCH lIABILITY. Disclaimer THE PROGRAM AND DOCUMENTATION ARE PROVIDED "AS IS" AND EXCEPT AS OTHERWISE SPECIFICALLY STATED HEREIN WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Initials FEB 1 1 2003 b'I~EETDOES NOT WARRANT THAT THE PROGRAM WILL OPERATE UNINTERRUPTED OR ERROR-FREE. CUSTOMER AGREES TO INDEMNIFY AGAINST ANY SUCH LIABILITY TO CUSTOMER, SWEET OR ANY THIRD PARTY REGARDING THE CUSTOMER'S USE OF THE PROGRAM AND DOCUMENTATION OR OTHERWISE IN WARRANTY, CONTRACT, TORT, OR OTHERWISE. IN NO EVENT WILL b'i~'ETBE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, GENERAL, OR CONSEQUENTIAL DAMAGE OR LOSS OF ANY NATURE, WHICH MAY ARISE IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE PROGRAM AND DOCUMENTAl-ION. THIS CLAUSE SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY. SJ~EETDISCLAIMS ALL LIABILITY FOR ANY DAMAGE RESULTING FROM OR RELATED TO DATA AND/OR CLAIM FORMS AND RELATED INFORMATION TO, BY, ABOUT OR FOR ANY FEDERAL, STATE OR PRIVATE INSURANCE ORGANIZATIONS, INCLUDING, BUT NOT LIMITED TO MEDICARE, MEDICAID, AND COMMERCIAL INSURANCE COMPANIES. ~FEETMAY PROVIDE SUCH DATA OR INFORMATION, IF AT ALL, ONLY AS 'SAMPLES" FOR THE PURPOSE OF DEMONSTRATING OR DISPLAYING HOW SUCH DATA AND/OR CLAIM FORMS MAY OPERATE IN THE PROGRAM. ,~F£ETPROVIDES ALL SUCH SAMPLES ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES, EITHER EXPRESS OR IMPLIED. RECOMMENDS THAT CUSTOMER VERIFY THE ACCURACY OF ANY AND ALL DATA AND/OR CLAIM FORMS CUSTOMER USES WITH THE PROGRAM. $1~i~'FDISCLAIMS ALL LIABILITY FOR THE ACCURACY AND/OR COMPLETENESS OF DATA, INCLUDING BUT NOT LIMITED TO DATA SUPPLIED WITH THE PROGRAM OR AS ADDED OR MODIFIED BY CUSTOMER OR ANY THIRD PARTY, OR DATA AS PROCESSED ON CUSTOMER COMPUTER NETWORK. CUSTOMER BEARS THE ENTIRE RESPONSIBILITY FOR ITS COMPUTER NETWORK, INCLUDING ITS INSTALLATION, THE PERFORMANCE OF THE PROGRAM AND THE BEHAVIOR OF THE DATA ON CUSTOMER COMPUTER NETWORK. ~£ETWILL IN NO EVENT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER FOR CONSEOUENTIAL OR INCIDENTAL DAMAGES, EITHER DIRECT OR INDIRECT, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS PROFITS, INCOME OR USE OF DATA. ~ndemnificafion Customer shall indemnify and hold harmless .~W£ETfrom, against, and in respect of the full amount of any and all liabilities, damages, and claims including without limitation, attorneys fees, arising from, in connection with, or incident to the Customer's use or misuse of the Program, except as may otherwise be agreed to in writing by the parties, and except with respect to any material breach of this Agreement by Initials FT] Agenq~ ~Item~' FEB ! XII. General The construction and performance of this Agreement shall be governed by the laws of the Commonwealth of Pennsylvania, without regard, however, to choice of law pdndpals. Every term in this Agreement is considered to be severable by the parties. To the extent that any term is in conflict with governing law, that provision shall be enforceable b~ the extent aIIowed by law. This Agreement and the Sl~fE~Sales Order contains the enfdre understanding between the parties and supersedes any proposal or prior agreement regarding the subject matter hereof. CUSTOMER Sweet Computer Services, ',nc. dlbla ~WEET, an OrUvus Company By:. Signature By: Company Name (please print) Date: Date: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: Tom Henning, Chairman Attest: DWIGHT E. BROCK, Clerk By: Deputy Clerk , EF:3 11 2003 Sweet Conversion Parameters & Customer Acceptance Customer Service has always been a priority at Sweet. To this end, we strive to keep our customers informed through the entire installation and conversion process. The following Conversion Parameters have been established to ensure a smooth and efficient cenversio~ of your data. It is critical that you fully understand these parameters before wa start converting your data from our A2.0OO ~ ~ the ne~ Amazon Billing software. Please read these parameters carefully. Your initials are required in the sOece IZ~O~'~led to iadicate ~oe have read and understand each parameter, Conversion Parameters: r-q Converting data from A2000 to Amazon Billing is a complex process, requiring us to invest a significant amount of time to complete the process and ensure the data is intact and accurate. This means that Sweet will need to have your A2000 data for a minimum of seven business days - possibly longer depending on the size of your directory (les). The person who signs this document must inform billing office personnel of the downtime associated with data conversion Once final data is retrieved from your system, DO NOT ENTER ANY INFORMATION INTO A2000. This is the "break point" between the two systems. Any data entered into A2.000 after the retrieval of your final data will have to be reentered into Amazon Billing after the final co~verted data is received. The data fields in A2000 are not the exact same data fields as in Amazon Billing. There are some additional fields and options available to you. However, this means that there are some adjustments, additions, etc. that will need to be made in Amazon Billing. There is time in the training agenda for your trainer to review these changes/additions with you. Items not converted: saved parameter sets for electronic claims, forms and reports; ECM setup; Run Sheet data; Sales Codes; and User setup. SWEET conversion personnel will try to correct data problems that existed in A2000. However, this may be impossible in some cases. We will communicate this to you, and provide you with options at that time. Ultimately, the responsibility for the converted data and what it represents for billing purposes is yours (the customer's). pc, ANYWHERE must be installed and running on the server in order to complete the conversion process. The data will either be returned to the service via an FTP download (access to the Internet is required) or via CD. SWEET conversion personnel will use the Charge, Credit and Call reports to ensure that the numbers balance between A2000 and Amazon Billing prior to returning your data. A complete and accurate back-up must he on file prior to starting a conversion. All hardware requirements must be met and fully installed and tested. Amazon Billing Software must be installed and tested. A complele undemtanding and written acceptance of lhese guidelines are necessan/to ensure a smooth data conversion process. Your initials on each guideline above and signature below are required prior to data co~version being included as part of your Amazon Billing sales order. This signature indicates you have thoroughly reviewed, understand and initialed each of these guidelines. Sweet resewes the right to retum this document if it is not signed or each guideline is not initialed. If you have any queslions or need clarirmation on any of this information, please contact your sales representative at 800-537-3927. I understand and I am willing to comply wfth the requirements and stipulations set forth in this (SWEETAmazon Conversion Parameters) documenL Collier County EMS Company/Service (Please Print) Authorized Contact/Title (Please Print) Ap~m & legal Oe COU T CO ISSIO.SRS CO UISR COU ? . r ORIDA. ^utho edSi tur ateI .0;3J Tom Henning, Chairman~ FEB I i 2883 Attest: L ~ DWIGHT E. BROCK Clerk ~ SWEET COMPUTER SERVZCES~ INC. TECHNTCAL SUPPORT AGREEMENT This Technical Support Agreement ("Agreement'~ is dated as of. 200__ by and between Sweet Computer Services, Inc., d/b/a, .~I/'EE'r~ an OrlYvu$ Company, a Delaware Corporation with offices at 2324 Sweet Parkway Road, Decorah, Iowa and , with offices at , ("Customer"). Definitions a. The term "Pro~jram"shall have the meaning set forth in the Licensing Agreement. b. "Anniversary Date"shall refer to each anniversary of the Commencement Date. c. "CommencernentDate~shall refer to the date the Program was delivered to Customer. d. "Il'tensing7 A~Treement'shall mean the licensing agreement dated between ,~VE'ETand the Customer. e. "]n/17'a/$upport Terrn"shall mean the :~2-month period commencing on the Commencement Date. f. "Renewal Terrn"shall mean each :12-month period commencing on the expiration of the Initial Support Term. g. "Techn/ca/$uppo~t"shall mean those maintenance and technical services described in detail on Schedule A to this Agreement. h. "~upport~when used without a modifier shall mean Technical Support. Affirmation of Licensing Agreement Customer hereby certifies that it has read, agrees with and hereby reaffirms each of the terms and conditions contained in the Licensing Agreement. Technical Support Dudng the Initial Support Term and any applicable Renewal Term, ,~WEETshall provide to Customer the Technical Support described in Schedule A. b'WEE'/'s obligations under this Section III with respect to a Renewal Term are contingent upon Customer's timely making the payments required by section tV. 1. Fees and Payment; Renewal of Technical Support Support Fees and Renewal. Customer by purchasing a license to the Program has already paid for Technical Support for the IniUal Support Term. Approximately 60 days prior to the expiration of the Initial Support Term, b"WEETwill invoice Customer for the upcoming Renewal Term, payable 12 months in advance. Customer may accept Technical Support for the upcoming Renewal Term by paying ~"W£E'/'s invoice in U.S. Dollars. If Customer fails to pay such invoice within 30 days after the commencement of the Renewal Term, ,~VEETmay, notwithstanding Section VI and without further notice to Cus~mer, terminate and treat this Agreement as terminated. Taxes. Support fees and other charges set forth in this Agreement do not indude applicable taxes. In addition to the fees and charges due b"WEETunder this Agreement, Customer shall remain liable for and shall pay all local, state, and federal sales, use, initials excise, personal property, or other similar taxes or duties, and all other taxes, which may now or hereafter be imposed upon this Agreement or possession or use of the Program, excluding taxes based on .~V~sincome. V. Warranties and UmitaUons of Uability Umited Performance Warranty. SWEETwarrants that it will use its reasonable best efforts to ensure that any Support it provides will be performed in a professional and workmanli~ manner, bllf~Fragrees to use reasonable efforts to correct any error or defect in its provision of Support under this A~eement. The foregoing warranty and remedy do not expand or extend any limited warranties relating to the Program set forth in the relevant Ucense Agreement. THE PROVZSIONS OFTI~S SECT/ON SET FORTH THE ENTIRE LIABILITY OF SWEETAN D THE SOLE RENEDIES OF CUSTOMER wI'rH RESPECT TO SWEETS BREACH OF 1'1'S OBLTGAT~ONS UNDER THZS AGREEMENT. Disdaimer of Other Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THZS SECI/ON, ALL WARRANTEES, CONDI'i~ONS, REPRESENTATZONS, TNDEMNZTIES, AND GURANTEES, WHETHER EXPRESS OR lrMpl TED, ARZSING BY LAW, CUSTOM, PRZOR ORAL, OR WRZTTEN STATEMENTS OR OTHERWISE, TNCLUDING BUT NOT ! TMTI'ED TO, ANY WARRANTY OF MERCHANTABTLTI'~', TTI'LE, THE CONDTr[ON OF ANY PRODUCT OR SERVICES, OR FTrNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY DISCLAZMED AND EXCLUDED. No ConsequenUal Damages. TO THE MAXTMUM EXTENT PERMTrrED BY APpI TCABLE LAW, IN NO EVENT SHALL ~WEETOR Trs SUPPLTERS BE LZABLE TO CUSTOMER FOR ANY CONSEQUENTZAL, TNCIDENTAL, DIRECT, TNDTRECT, SPECZAL, PUN~, OR OTHER DAMAGES WHATSOEVER (TNCLUDING, WTrHOUT LZMTrATZON, DAHAGES FOR LOSS OF BUSTNESS PROFZTS, BUSZNESS TNTERRUPTZON, LOSS OF BUSTNESS INFORMAI'J:ON, OR OTHER PECUNZARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR TNABII. ZTY TO USE THE PROGRAM, EVEN IF ~WEETHAD BEEN ADVT_SED OF THE POSSTBTI. ZTY OF SUCH DAMAGES. AddiUonal LimitaUon of Uability. TN NO EVENT SHALL SWEETS TOTAL CUMULATZVE LTABTI.1TY HEREUNDER, FROM ALL CAUSES OF ACT/ON OF ANY KIND, WHETHER AR/S~NG UNDER CONTRACT, TORT (INCLUDING NEGLTGENCE), STR/CT LTABTLITY, BREACH OF WARRANTY OR OTHERWISE, EXCEED THE TOTAL AMOUNT PA~D BY CUSTOMER FOR THE TECHNICAL SUPPORT PROVIDED UNDER THIS AGREEMENT. VZ. TerminaUon if either party defaults in performing any material obligaUons required under this Agreement, the non-defaulting party may give wdtten notice of its intention to terminate this Agreement, describing in reasonable detail the default. If the defaulting party fails to remedy such matedal default within thirty (30)-days following such wdtten noUce, or if such default is not capable of cure within such thirty (30)-day pedod, and the defaulUng party fails to commence cure Initials FEB procedures within such thirty (30)-day period and diligenUy prosecute such procedures until the default is cured, then the non-defaulting party may terminate this Agreement. VZZ. Business Associate Assurances In the event that $1~EETis deemed to be a "Business Associate" of Customer pursuant to the definition of that term set forth in 45 C.F.R. § 160.103, ~'~'~shall, effective on or after April I4, 2003, or such other implementation date established by law, carry out its obligations ~Jnder this Agreement in material compliance with the regulations published at 65 Federal Register 82462 (December 28, 2000) (the "Privacy Regulations'3 pursuant to Public Law 104-191 of August 21, 1996, known as the Health Insurance Portability and Accountability Act of 1996, Subtitle F - Administrative Simplification, Sections 261, et seq., as amended ("HIPAA"), to protect the privacy of any personally identifiable, protected health information ("PHI") that is collected, processed or learned in connection with the Technical Support services set forth in Schedule A hereto, In conformity therewith, $1~£ETagrees that it will use its reasonable best efforts to: Not use or further disdose PHI except: (i) as permitted under this Agreement (that is, for those activities specified in Schedule A hereto; and related administrative functions pertaining to these activities); (ii) as required for the proper management and administration of .~lf£--~'in its capacity as a HIPAA Business Associate of Customer, in the event $tl~'E7'is deemed to be a Business Associate of Customer for these spedfied purposes; or (iii) as required by law; · Use appropriate reasonable safeguards to prevent use or disclosure of PH! except as permitted by this Agreement; · Report to Customer any use or disclosure of PHI not provided for by this Agreement of which $1~'£E'/'becomes aware; Ensure that any agents or subcontractors to whom $1~£ET'provides PHI, or who have access to PHI, agree to the same restrictions and conditions that apply to SWEET with respect to such PHI; · Make PHI available to the individual who has a right of access as required under HIPAA in the event SWEET maintains any PHI in a designated record set as defined by 45 C.F.R. § 164.501; · Make available for amendment and incorporate any amendments to PHi when notified to do so by Customer in the event that SWEET maintains any PHI in a designated record set as defined by 45 C.F.R. § 164.501; ..~ · Make available to Customer the information required to provide an accounting c~ the disclosures of PHI, if any, made by .$i~f£ETon Customer's behalf, provided such disdosures are of the type for which an accounting must be made under the Privacy Regulations; Make its intemal practices, books and records relating to the use and disclosure of Customer's PHI available to the Secretary of the Department of Health and Human Services for purposes of determining Customer's IniOals | FEB ! 1 003 ' ¥111. compliance with HIPAA and the Privacy Regulations; and General At the termination of this Agreement, retum or destroy all PHI received from, or created or received by $1~£ETon behalf of Customer. In the event the retum or destruction of such PHI is infeasible, $1~EE~j obligations under this section VII shall continue in force and effect so long as possesses any PHI, notwithstanding the termination of this Agreement for any reason. l) Entire Agreement. This Agreement and the License Agreement constitute the entire agreement between the parties with respect to the subject matter hereof, and all prior agreements, representations, and statements with respect to such subject matter are superseded hereby. This Agreement may not be altered, modified, amended, changed, rescinded, or discharged in whole or in part, except by written agreement executed by both Customer and SW'EET: 2) Assignment. This Agreement may not be assigned without pdor written consent from .~.-~7'and any attempt to do so without permission shall be void. ~) Force Majeure. Notwithstanding anything to the contrary in this Agreement, no default, delay or failure to perform on the part of either party shall be considered a breach of this Agreement (other than nonpayment of money or breach of confidentiality provisisions) if such default, delay or failure to perform is shown to be due entirely to causes beyond reasonable control of the party charged with a default, including, but not limited to, causes such as strikes, lock-outs or other labor disputes, riots, civil disturbances, actions or inactions of governmental authorities or suppliers, epidemics, war, embargoes, severe weather, fire, earthquakes, acts of God or the public enemy, or nuclear disasters. 4) Governing Law. The validity and performance of this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, excluding that body of law applicable to choice of law. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above. Sweet Computer Services, Znc., d/b/a b'W~ an Ortivus Company, a Delaware Corporation Print Name: BOARD OF COUNTY COLLIER COUNTY, By: COMMISSIONE} FLORIDA Cu~omer Tom Henning, Print Name: Chairman 'RUe: 'RUe: Sweet Computer Servioes, Inc d/b/a $1I~ZTan Ortivus Company 2324 Sweet Parkway Road Decorah, Iowa 52101 Customer Site Address: Attest: DWIGHT E. BROCK 4By: Initials Deputy Clerk FEB 11 20p3 Schedule A This Schedule describes the terms and conditions relating to Technical Support that SI~'£ETwill provide to Customer during the Initial Support Term and any Renewal Terms. The Technical Support Agreement described in this Schedule does not expand on or change the Program warranty provisions set forth in the Ucense Agreement. Product U~xlates: From time to time SWEETmay develop permanent fixes or solutions to known problems or bugs in the Program and incorporate them in a formal "Update" to the Program. If Customer is receiving Technical Support from SWEETon the general release date for an Update, swEb-rwill provide the Customer with the Update and related Documentation, both at no additional charge to the Customer. Technical Support Services: Telephone Assistance. Customer will be given the telephone number for SWEET'ssupport line and will be entitled to contact the support line during normal operating hours, (between 8:00 a.m. and 5 p.m.U.S. Central Standard Time) on regular business days, excluding S]~EET holidays, to consult with SH~EETTechnical Support staff concerning problem resolution, bug reporting, documentation clarification, and general technical guidance. Assistance may include communicating via pc, Anywhere, modem, or electronic bulletin board. Web site Support. Online support is available 24 hours per day, offering Customer the ability to resolve its own problems with access to SWEETs most current information. Customer will need to enter its designated user name and password to gain access to the technical support areas on SWEETs web site.."~"W£ETs technical support areas allow the Customer to: (i) search an up-to-date knowledge base of technical support information, technical tips, and featured functions; (ii) access answers to frequently asked questions (FAQ); and (iii) access current program releases and documentation. Software Problem Reporting. Customer may submit to SWEETrequests identifying potential problems in the Program. Requests should be in writing and directed to SWEETby e-mail or FAX. SWEETretains the right to determine in its sole discretion the final disposition of all requests, and will inform Customer of the disposition of each request. Tf SW'EETdecides in its sole judgment to act upon a request, it will do so by providing a bug fix as described above. Exclusions from Technical Support Services: SW'EETshall have no support obligations with respect to any hardware or software product ("Nonqualified Products") other than the Program. ]f S~l~'ETprovides support services for a problem caused by a Nonqualified Product, or if Silt'ETs service efforts are increased as a result o~ a Nonqualif~ad Product, .~will charge time and materials for extra service at its current published rates for custom software services. [f, in $11~'.~ opinion, performance of Technical Support is made more difficult or impaired because of Nonqualified Products, SWEET shall so notify Customer, and Customer will immediately remove the Nonqualified Product at its own risk and expense during any efforts to render Technical Support under this Agreement. Customer shall be solely responsible for the compatibility and functioning of Nonqualified Products with the Program. 5 Initials Customer Responsibilities: In connection with .~V£ET's provision of Technical Support as described in this Exhibit, Customer acknowledges that Customer has the responsibility to do each of the following: 1) Maintain the designated computer system and assodated peripheral equipment in good working order in accordance with the manufacturers' specifications, and ensure that any problems reported to Sil~b-/'are not due to hardware malfunction; 2) Maintain the designated computer system at the latest code revision level deemed necessary by .~'~¢~'7'for proper operation of the Program; 3) Supply .~'~with access to and use of all information and facilities determined to be necessary by ~'1~r£~/'to render the Technical Support described in this Exhibit; 4) Perform any test or procedures recommended by .$~'~for the purpose of identifying and/or resolving any problems; 5) Maintain a procedure external to the Program for reconstruction of lost or altered files, data, programs to the extent deemed necessary by Customer; 6) At all times follow routine operator procedures as specified in the Documentation; 7) Remain solely responsible at all times for the safeguarding of Customer's proprietary, confidential, and classified information; and 8) Ensure that the designated computer system is isolated from any process links or anything else that could cause harm before requesting or receiving remote support assistance. Initials FEB This information is provided as a reference. · Hardware and Network/Operating System Specifications ........................................ 2 · Windows NT 4.0/2000 Server Network ..................................................................... 3 · Terminal Services/Citrix® Server Configuration ........................................................ 4 · Windows NT 4.0NVorkstation 2000 Peer to Peer Network ....................................... 5 · Windows 2000/NT 4.0 Standalone Server Workstation ........................................... 6 · Field Data Remote and Interface Specifications ...................................................... 6 · The Education Department's Workstation Specifications ......................................... 7 · Unsupported Operating Systems .............................................................................. 7 · Network Interface Cards ........................................................................................... 7 · Network Hubs/Switches ............................................................................................ 8 · Network Cabling ........................................................................................................ 9 · Communication Tools .............................................................................................. 10 · Printers ..................................................................................................................... 10 · Hardware Safeguards .............................................................................................. 10 · Customer Acceptance of Hardware Requirements ................................................ 11 SWEET, an Ortivus Company 2324 Sweet Parkway Road, P.O. Box 276 Decoreh, IA 52101-0276 (800) 537-3927 Fax: (563) 387-9333 Page I of 11 · if your existing hardware, operating, and network system is compatible with SWEET · what you may need to purchase or upgrade · the potential growth of both your business and anticipated SWEET technology advances The term 'Server' will refer to a dedicated computer that will host MS SQL Server 7.012000. This computer will not be used to run the Amazon Billing application, The term 'Server Workstation' will refer to a computer that is not dedicated to just hosting MS SQL Server 7,0/2000. This computer may also be used for running the Amazon Billing application, The term 'Standalone Server Workstation' will refer to a single computer configuration that will host MS SQL Server 7.0/2000 and will also run the Amazon Billing application. The term 'Client Workstation' will refer to the computer that will be running the Amazon Billing application. This machine will NOT host MS SQL Server 7.0/2000. Generally, this computer will be on an employee's desk. The term 'Remote Unit' pertains only to those customers who are using Amazon Field Data. The 'Remote Unit' is the computer that is used 'in the field' by the Paramedics/EMTs. The term 'Interface Server' pertains only to those customers who are using Amazon Field Data. The 'Interface Server' is a computer that is dedicated to running the Interface application, which is used for transferring data between Amazon Field Data and Amazon Billing. Amazon Billing utilizes the Relational Database Management System (RDBMS) known as Microsoft SQL Server. If your Amazon Billing system is 5 or fewer users, you can utilize the Microsoft Database Engine (MSDE), which is a mn-time version of Microsoft SQL Server 7.0 and is installed during the Amazon Billing installation. If your Amazon Billing system is more then 5 users, you will need to use either Microsoft SQL Server 7.0 or Microsoft SQL Server 2000, as the billing program is compatible with both versions. If you do not have either version, Microsoft SQL Server 2000 can be purchased through your local software dealer. This guide is designed to specff'~cally meet SwEET sottware product hardware and network operating system needs. Other sol'W/are needs have not been considered with this recommendation. Note: These specifications are dated, ff the date is over 6 months old, please contact your SWF_ET Sales Representative for the latest specifications. SWEET, an Ortivus Company 2324 Sweet Parkway Road, P.O. Box 276 Decoreh, IA 52101-0276 (800) 537-3927 Fax: (563) 387-9333 Page 2 of 11 Running Windows NT 4.0/2000 Server (Service Pack 6.0 or greater) as the Server Operating System (OS) with NT 4.0 Workstation/2000 Pro/Windows XP Professional as the Client Workstation Operating System. · A Multi-Processor Server, while not a requirement, is highly recommended for large EMS Providers. A Multi- Processor Server, which follows the Server Specifications below, will ensure the most efficient performance of the Amazon Billing application. · The implementation of a server (the machine hosting SQL Server) as a dual boot machine (multiple operating systems on one computer) is not allowed. · Hardware most meet Microsoft standards for compatibility with the Windows operating system selected. · Screensavers are not recemmended as they may unnecessarily use CPU cycles that should be going to the application. However, the "blank screen" screensaver may be used if necessary. · Warning: if cloning (copying disk images) is used to set up additional workstations, it must be done BEFORE Amazon Billing or SQL2000 Client Tools are installed. Failure to do so will cause BOTH programs to malfunction. · Regardless of your operating system, ensure that you are running the current Service Pack offered by · If utilizing Terminal Services/Citrix® for Amazon Billing, it is recommended that separate servers be used for the Terminal Services/Citrix server and the Amazon/SQL server. The recommendations listed below are written with the assumption that Amazon will be the only software used on the server. Note: the requirements needed for running Terminal Services/Citdx® are directly related to the number of users and the number of applications on the specific server. Additional applications added to the server will require an increase to the hardware specifications. · Below are the requirements for running Amazon Billing. If you are using the server for other software, you may need to increase the requirements to support the software. Server Slpecifications Number of Users Ram Disk Space Processor Speed Multi-Processor 1-5 512 MB 20 GB Pentium III 500+ 6-10 1GB 40 GB Pentiurn III 800+ 11-15 1.5 GB 40 GB Pentium III 800+ ~Yes More than 15 Users Contact your SWEET Representative for Recommendations. SWEET~ an Ortivus Company 2324 Sweet Parkway Road, P.O. Box 276 Decorah, IA 52101-0276 (800) 537-3927 Fax: (563) 387-9333 Page 3 of 11 Hardware Requk~ments 5-29-02.¢toc /FEB I 1 2003 · Windows NT 4.0 Server w/Service Pack 6.0 or higher OR Windows 2000 Server · RAID 5 (Optional) · lO/100BaseT Network Adapter · 1.44 MB floppy drive · CD ROM · VGA Monitor supporting a minimum of 800 x 600 resolution with 16bit color · Keyboard · Mouse · Suitable Tape / CD-RW Backup System · l~tte~ Bact(up (UPS) · Microsoft Intamet Explorer 5.0 or higher · PcANYWHERE 10.5 and Modem must be installed on the Server · TCP/IP must be installed and must be configured with a Static IP Address · NTFS is required Client Specifications · Pentium II -400 · NT 4.0 Workstation/2000 Professional/Windows XP Professional (NT 4.0 must have Service Pack 6.0 or higher installed) · 100 MB usable disk sp~ce · 128 MB RAM · 10/100BaseT Network Adapter · 1.44 MB floppy drive · CD ROM · VGA Monitor supporting a minimum of 800 x 600 resolution with 16bit color · Keyboard · Mouse · TCP/IP must be installed on all computers that will access Amazon Billing Ten'ninat ServiceslCitrix ®Server Specifications · Pentium Ill - 800 or faster processor · Window NT 4.0 Server wi Service Pack 6.0 or higher OR Windows 2000 Server · 5 GB usable disk space (Call your sales representative for more information) · RAM Specifications · 1-5 users: 512 MB RAM · 6-10users: I GB RAM · 11-15users: 1.5 GB RAM · More than 15 users: contact SWEETfor recommendations · RAID 5 (optional) · 10/100BaseT Network Adapter · 1.44 MB floppy ddve · CD ROM · VGA Monitor supporting a minimum of 800 x 600 resolution with 16bit color · Keyboard · Mouse · Suitable Tape/CD-RW Backup System · Battery Backup (UPS) · Microsoft Intemet Explorer 5.0 or higher · TCPIIP must be installed and must be configured with a Static IP Address · NTFS is required SWEET, an Ortivus Company 2324 Sweet Parkway Road, P.O. Box 276 Oecomh, IA 52101-0276 (800) 537-3927 Fax: (563) 387-9333 Page 4 of 11 Terminal Services/Citrix ® Client Specifications Note: there are minimum hardware requirements for Windows clients utilizing Terminal Services/Citdx. Please refer to the Microsoft or Citfix documentation for client specifications. · VGA Monitor supporting a minimum of 800 x 600 resolution with 16bit color · Keyboard · Mouse Running Windows NT 4.0 Wo~kstationlWindows 2000 Pro/Windows XP Professional as the Server Workstation Operating System with Windows 2000 Pro as the Client Workstation Operating System is only recommended for networks with no more than four Client Workstations and one Server Workstation. Server Workstation specifications · Pentium III - 500 or faster processor · Windows 2000 Pro or Windows NT 4.0 Workstation (with Service Pack 6.0) · 20 GB usable disk space (Call your sales representative for more information) · 512 MB RAM (768 MB RAM if the Server is used as a Workstation) · 10/100BaseT Network Adapter · 1.44 MB floppy drive · CD ROM · VGA Monitor supporting a minimum of 800 x 600 resolution with 16bit color · Keyboard · Mouse · Suitable Tape / CD-RW Backup System · Battery Backup (UPS) · TCP/IP must be installed (and configured with a Static IP Address) on all computers that will access Amazon Billing including the Server · Microsoft Internet Explorer 5.0 or higher · PcANYWHERE 10.5 and Modem must be installed on the Server Client Specifications · Pentium II - 400 · Windows 2000 Pro/Windows NT 4.0 Workstation (with Service Pack 6.0)/Windows XP Professional · 100 MB usable disk space · 128 MB Ram · 10/100BaseT Network Adapter · 1.44 MB floppy drive · CD ROM · VGA Monitor supporting a minimum of 800 x 600 resolution with 16bit color · Keyboard · Mouse · TCP/IP must be installed on all computers that will access Amazon Biffing SWEET, an Ortivus Company 2324 Sweet Parkway Road, P.O. Box 276 Decorah, IA 52101-0276 (800) 537-3927 Fax: (563) 387-9333 Page 5 of 11 Running Windows 2000/Windows NT 4. O/Windows XP Professional (Service Pack 6.0 or higher) as the Server Workstation Operating System with no other machines attached in any form of network configuration. Standalone Sewer/Workstation Specifications · Pentium III - 500 · Windows NT 4.0NVindows 2000/Windows XP Professional (NT 4.0 must have Service Pack 6.0 or higher installed) · 4 GB usable disk space (call your sales representative for more information) · 256 MB RAM · 1.44 MB floppy drive · CD ROM · VGA Monitor supporting a minimum of 800 x 600 resolution with 16bit color · Keyboard · Mouse · Suitable Tape / CD-RW Backup System · Battery Backup (UPS) · TCP/IP must be installed on the Server · pcANYWHERE 10.5 and Modem must be installed on the Server · Microsoft Internet Explorer 5,0 or higher Remote Unit · Pentium III - 400 · Windows NT 4.0ANindows 2000/Windows XP Professional (NT 4.0 must have Service Pack 6.0 or higher installed) · 4 GB usable disk space (callyoursales representative forrnore information) · 256 MB Ram · 10/100 Base T Network Adapter · VGA Monitor supporting a minimum of 800 x 600 resolution with 16bit color · Keyboard · Mouse · Microsoft Intemet Explorer 5.0 or higher · TCPIIP Must be Installed · Windows OS upgrades are NOT recommended SWEET, an Ortivus Company 2324 Sweet Parkway Road, P.O. Box 276 Decorah, IA 52101-0276 fSO0) 537-3927 Fax: (563) 387-9333 Page 6 of 11 5-2~-0Zdoc FEB ! 1- 003 Interface Server · Pentium IV- 1Gig · Windows NT 4.0/Windows 2000/Windows XP Professional (NT 4.0 must have Service Pack 6.0 cx higher installed) · 100 MB usable disk space (call your sales representative for more information) · 512 mg Ram · 101100 Base T Network Adapter · VGA Monitor supporting a minimum of 800 x 600 resolution with 16bit color · Keyboard · Mouse · Microsoft Intemet Explorer 5.0 or higher · pcANYWHERE 10.5 and modem must be installed on the server · TCP/IP Must be Installed The following specifications must be included on at least one client workstation for educational purposes: · 1024 x 768 resolution · 32 K Color · Sound Card · CD Rom The following is a list of Operating Systems and features that are not supported by SWEET · Windows 95, Windows 98 and Windows ME · Linux · SQL Replication · Windows OS upgrades Network Cards (we recommend one of the followin~l1 · 10BaseT · .100BaseT (100BaseT will assure best performance) · 101100 BaseT Recommended Brand: · 3 Com or Intel Pro Network Cards SWEET, an Ortivus Company 2324 Sweet Parkway Road, P.O. Box 276 Decorah, IA 52101-0276 (800) 537-3927 Fax: (563) 387-9333 Page 7 of 11 Differences Between Network Cards · The difference between 10BaseT and 100BaseT is the speed that data can travel over the network. · The 100BaseT is translated into 100Mbps (megabits per second). In order to run 100BaseT, you will need to have a 100BaseT hub or switch and Category 5 cabling. · lOBaseT is translated into 10Mbps. · The 10BaseT needs to have a 10BaseT hub or switch and have Category 3 or above cabling. · The cost is higher for a 100BaseT network. · Considering the 100BaseT network is increasing the 10Mbps bandwidth by a factor of 10, the cost to speed ratio is very minimal. The third option is a combination 10/100BaseT network card. This card allows the network to communicate at either speed. It is ideal in situations where plans are to change to a 100BaseT network, but the entire network (cabling, hubs, and switches) is not yet ready to handle the speed. Basic Network Diagram J, t Server/Sewer Workstations Client Workstations Understanding How Network Hub Technology Works The network hu~ is, just as the name indicates, the very center of the network (see d/agmrn on pmvk)us page.) All workstations and servers run directly into a box that is called a network hub, or concentrator. On a network hub, data travels from a workstation to the network hub. This information is then relayed to every connection on the network. If a workstation is requesting information from the server, the request also goes out to every workstation. Upon receipt of the request, each workstation determines if the request is for them. If it is not, the request is ignored. Each computer on the network is requesting and sending information, causing a likelihood of collisiorts to take SWEET, an Ortivus Company 2324 Sweet Parkway Road, P.O. Box 276 Decoraho iA 52101-0276 ;800) 537-3927 Fax: (563) 387-9333 Page 8 of 11 place. This data transfer method is inefficient and reduces the speed of the entire network. Recommended Network Switch This network switch analyzes the data and determines the most common paths used to transmit this data. This helps eliminate unnecessary data to workstations and reduces the number of collisions. Hence, a much more efficient and faster network is the result. This, in turn, creates a faster response time for SWF. Er. Network Switch Cost The cost for a netwo~ switch is, of course, greater than a network hub. If a network switch is purchased, the neb~vork hubs can be connected directly to the network switch, and the servers can go directly on this network switch. This cuts down on cost and again creates a very efficient network. The link between all of the workstations and servers on the network is Cabling. Cabling differs in the category that is associated with it. This category determines what speed data can travel. Recommended Cablin~l Specifications In order to run the 100BaseT, Category 5 Ethernet cabling is required. There is such a thing as 10Base2, otherwise known as BNC or Coax. The disadvantage of the 10Base2 is if a segment fails, it brings down the entire network. If the Ethernet cabling is installed and a segment fails, it only affects that individual machine. Cabling is very important to the network, and it can be very sensitive. We recommend the network cabling be installed by a professional. A network cabling installation professional has the equipment to test your lines after they are installed. This allows for a smooth setup of your network, as it reduces the chances of a bad line problem. PcANYWHERE 10.5 - Manufactured by Symantec (Pc, ANYWHERE 10.5 is compatible with all SWEET recommended operating systems, ff running Terminal Services, please contact your SWEET sales representative for more compatibility information). SW£ETrequires pcANYVVHERE10.5 software to be purchased and installed on the server that is running your Amazon Billing program. This enables our Support Depmtment to assist you with any questions that you may have or any problems that you may encounter, pcANYWHERE allows the Support Department to dial in and access your computer. It will not be possible for the Support Department to assist you unless pcANYWHERE is installed on your s~%~ero Acrobat Reader 4.0 or higher - Manufactured by Adobe - is required to view Svv~£ron-line literature. Acrobat Reader 4.0 is FREE and available for download from www. adobe.com or it is located on the SweEt CD. SWEET, an Ortivus Company 2324 sweet Parkway Road, P.O. Box 276 Decomh, IA 52101-0276 (800) 537-3927 Fax: (563) 387-9333 Page 9 of 11 These Hardware Requirements are established in order to assure a smooth and effective operation of SWEET software products. This requires a complete understanding and written acceptance by the customer before installation and training. Your signature below is required before installation and training can begin or be scheduled. This signature indicates you have reviewed and understand all areas of this document thoroughly. If you have any questions or need clarification on any of the information in this document, contact your sales representative immediately (800) 537-3927. These Hardware Requirements are subject to change without notice. I understand and I am wiJJJng to comply with the requirements set forth in this (SWeEt Amazon Billing Hardware Requirements) docmnen~ which specifically includes the following areas: · Hardware and Network/Operating System Specifications (described in detail on page 2) · Windows NT 4.0/2000 Server Network (desc~bed in detail on page 3) · Windows NT 4.0 Workstation/2000 Peer to Peer Network (described in detail on page 5) · Windows 2000/NT 4.0 Standatone Server Workstation (described in detail on page 6) · Field Data Specifications (described in detail on page 6) · The Education Department's Workstation Specification (described in detail on page 7) · Unsupported Operating Systems (described in detail on page 7) · Network Interface Cards (described in detail on page 7) · Network Hubs/Switches (described in detail on page 8) · Network Cabling (described in detail on page 9) · Communication Tools (described in detail on page 10) · Printers (described in detail on page 10) · Hardware Safeguards (described in detail on page 10) · It is of the utmost importance that adequate hard drive space is available for installation and growth of Amazon Billing. Please determine in advance which drive your installation needs to be placed. If you plan to purchase new hardware, you need to have the hardware in place before Amazon Billing is installed. We realize some of these things are beyond your control; however, moving the Amazon Billing and the SQL database is a very time consuming process that requires the expertise of a SWEET Support Technician. This service is not covered in the Annual Support Contract, and you will be billed at an hourly rate. · If you install additional software and the functionality of Amazon Billing is affected, you are responsible for any costs associated with correcting problems that may occur. · This document outlines our hardware, operating and network system pre-requisites for Amazon Billing; however, depending on your specific circumstances, additional products may be needed. CompanylServlce (print please) Authorized Contact NamelTitle (print please) Authorized Signature Date MS-~S~ MS ~Fat~s 95~ ~ 9~ Windm~ 2~ w~i~ws ~P Pm~s~na~ ~T~nttina~ ~n~m~t ~ S~t4ce P~ck 5~ end NT 4~ ~ ~s A~ & legal ~uffleieney Ass~t~nt~unt¥ AttorneT BOARD OF COUNTY COMMISSIONERi COLLIER COUNTY, FLORIDA~ By: Tom Hennin~ Chairman SWEET, an Ortivus Company 2324 Sweet Parkway Road, P.O. Box 276 Decorah, IA 52101-0276 (800) 537-3927 Fax: (563) 387-9333 Attest: DWIGHT E. BROCK By: Page 11 of 11 Han~vam Requ~ments 5-29-02.doc FEB 1 1 200t HyperTerminal is the recommended software package for sending electronic claims. Your sales representative will inform you if a special package is required to send claims to your carrier, Mo(fern Speed is cdl~cal to your operation. A slow modem increases the cost of telephone usage and can be a source of aggravation for anyone waiting for tasks to complete via a computer modem. It should also be noted that the speed of the modem is affected at times by what the telephone lines in your area can handle. Recommended Modem · 56K Baud Modem · Dedicated phone tine for the modem · Lasers (Hewiett Packard is recommended with the most current enhanced printer ddver) Recommended due to the higher speed and quality of laser pdnters in conjunction with the graphical pdnting nature of Windows. · Dot Matrix printers High impact, Dot Matrix pdnters are necessary when pdnting multi-part, carbon copy forms. Note: Dot Matdx printers will be significantly slower when printing bills or other forms in Amazon Billing. · We do not support DeskJet, Inkjet, and High-Speed Line Printers In order to protect your valuable electronic information, we highly recommend you use the following safeguards: · Surge Protectors · Dedicated power distribution (Circuit Breakers) · UPS (uninterrupted power soume) SWEET, an Ortivus Company 2324 sweet Parkway Road, P.O. Box 276 Decorah, IA 52101-0276 (800) 537-3927 Fax: (563) 387-9333 Page 10 of 11 © ~ Iq. t~ ~ .. (DC) · o su... s ^. ^..u^. cos $ s0,000. Obiective: To obtain office supplies and office furniture for use by all County Departments on an as needed, when needed basis. Considerations: Collier County spends in excess of $350,000 per year on office supplies and office furniture. The County is looking for a vendor that can supply superior ordering and delivery service and at the same time offer these items at the best pricing possible. To this end, the Purchasing Department solicited request for proposals on November 8, 2002. Seventeen (17) notices were sent out and four (4) firms submitted their proposals by the due date of December 15, 2002. A Selection Committee approved by the County Manager met on January 31, 2003 to discuss and rank the proposals. The Committee ranked the firms on the basis of customer support, ease of ordering, delivery, invoicing and pricing. By consensus, the Committee shortlisted the firms as follows: 1. Marco Office Supply 2. Corporate Express 3. Office Depot The Selection Committee recommends that Marco Office contract as the number one (1) ranked shortlisted firm. Supply be awarded the Growth Mana.qement Impact: This will not affect the Growth Management Impact. Fiscal Impact: The estimated annual dollar amount referenced above is subject to change depending on the needs of the various operating departments. Funds are appropriated in the operating budgets of the respective using agencies. Recommendation: That the Board of County Commissioners award RFP #03-3447 "Office Supplies and Office Furniture" to Marco Office Supply in the manner specified herein. Prepared by: ~,.~.,,,~2~ ./'~ .~z~,..~. Date Fred E~. Blatchley /' Purchasing Agent Reviewed and ~~, (~ C/,,/~"~x~ ~prov~ by: ~ . Date Stephe~ ~. Carnell? Pur~asing/Geneml Sewi~s Director Reviewed and Approved by:,Ski~ Administrative Services Administrator Date 0 Z ~ 0 ~ ---"~ENDA iTEM. EXECUTIVE SUMMARY APPROVAL OF THE ATTACHED RESOLUTION PROVIDING FOR THE' ACCEPTANCE OF CONVEYANCES MADE IN COMPLIANCE WITH DEVELOPMENT COMMITMENT REQUIREMENTS OF ALL ORDINANCES AND AGREEMENTS OR AS AN INTEGRAL PART OF CAPITAL IMPROVEMENT PROJECTS AND AUTHORIZING THE BOARD OF COUNTY COMMISSIONERS' CHAIRMAN, DURING THE 2003 CALENDAR YEAR, TO EXECUTE CERTAIN DOCUMENTS REQUIRED IN CONNECTION THEREWITH. OBJECTIVE: That the Board of County Commissioners approve the attached Resolution accepting conveyances made in compliance with development commitment requirements and authorize the Chairman of the Board of County Commissioners, Collier County, Florida (Board), during the 2003 calendar year, to execute on behalf of the Board certain documents required in connection therewith. CONSIDERATIONS: During the calendar year, various interests in real property must be conveyed to Collier County for public use as a requirement of certain development commitments stipulated by Collier County ordinances in fulfillment of obligations between Collier County and any legal entity and be an integral part of capital improvement projects. The formal acceptance of these conveyances is important in establishing infrastructure and the public's right to utilization thereof. These type of conveyances are numerous and this Resolution will reduce staff time and paperwork by eliminating the necessity of preparing an Executive Summary and Resolution for the formal acceptance of each such conveyance. The attached Resolution authorizes the Chairman to accept and execute on behalf of the Board any real property interest conveyed to either Collier County, the Board of County Commissioners, as the governing body of Collier County, Florida, or as ex-officio the Governing Board of the Collier County Water-Sewer District, pursuant to any development commitment requirement or pursuant to any County ordinance. The Resolution has been reviewed and approved by the County Attorney's Office. FISCAL IMPACT: There will be no fiscal impact on the planned budget as a result of this request. GROWTH MANAGEMENT IMPACT: range planning effort. This request is consistent with the County's long- FEB 1 2003 ,,../' EXECUTIVE SUMMARY Development Commitment Resolution Page 2 RECOMMENDATION: That the Board of County Commissioners approve and authorize the Chairman to execute the attached Resolution. PREPARED B ~ ~..<~_ ,~f~~ DATE: ~~M0~t~ S~upervi~or -' Property Acquisition & Construction Management Facilities Management Department REVIEWED BY: CL.~ O¢%{¢x.q' ?'- DATE: cn ri; E. Calrington, Jr., S~A, Manager Property Acquisition & Construction Management Facilities Management Department ~VIEWED BY: fiani~i flodri~;z, In~-~ector Facilities Manage~t Department APPROVED BY: ~n. Administrator Administrative Services Division DATE: DATE: 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~2 23 24 25 26 27 28 29 30 31 32 33 34 35 ~6 RESOLUTION NO. 2003-__ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ACCEPTANCE OF ALL CONVEYANCES MADE TO COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND ALL CONVEYANCES MADE TO THE COLLIER COUNTY WATER-SEWER DISTRICT, WHiCH ARE HEREAFTER MADE IN COMPLIANCE WITH THE DEVELOPMENT COMMITMENT REQUIREMENTS OF ANY AND ALL ORDINANCES AND AGREEMENTS OR AS AN INTEGRAL PART OF CAPITAL IMPROVEMENT PROJECTS. WHEREAS, the Board of County Commissioners is the governing body of Collier County, a political subdivision of the State of Florida, and in addition is ex-officio the Governing Board of the Collier County Water-Sewer District (hereinafter collectively referred to as "Collier County"); and WHEREAS, various interests in real property must be conveyed to Collier County for public use as a requirement of certain development commitments stipulated by Collier County ordinances, in fulfillment of obligations which may now or in the future be contained in agreements between Collier County and any legal entity, and as an integral part of capital improvement projects; and WHEREAS, the formal acceptance by Collier County of such required conveyances is important in that infrastructure maintenance responsibilities are thereby established, and the public right to utilize rights-of-way becomes documented through such acceptance; and WHEREAS, the growth of the County necessitates an increasing number of such conveyances year after year; and WHEREAS, the number of conveyances has caused County staff to bring an increasing number of separate "acceptances" before the Board of County Commissioners via Executive Summary and Resolution; and WHEREAS, it is desirable and in the best interest of Collier County to reduce the staff time and paperwork which is generated by the formalized acceptance process. NOW, THEREFORE, BE 1T RESOLVED that all interests in real property which may be conveyed either to Collier County, a political subdivision of the State of Florida, or to the Board of County Commissioners as the governing body of Collier County, Florida, and as ex-officio the Governing Board of the Collier County Water-Sewer District, and which are conveyed to either entity as a development commitment requirement pursuant to any County ordinance, or in fulfillment of any obligation which may now or in the future be contained in any agreement between Collier County and any other legal entity, or which are required as an indispensable function during Page z the completion of a capital project which has been approved by the Board of County 2 Commissioners, are hereby accepted. 3 AND IT IS FURTHER RESOLVED that in order to document the acceptance of any such 4 conveyance of an interest in real property to Collier County, the Clerk to the Board is hereby 5 authorized to affix to any such conveyance instrument, prior to recording in the Public Records of 6 Collier County, Florida, a stamp or seal attesting to acceptance on behalf of Collier County. The 7 Property Acquisition & Construction Management Manager, or his/her designee, shall provide 8 written notification to the Clerk of Court that the conveyance was required by the Board of County 9 Commissioners in fulfillment of an obligation on behalf of the conveying entity or to complete 10 project as approved. 1~ AND IT IS FURTHER RESOLVED that the calendar year 2003 Chairman of the Board of 12 County Commissioners, or any subsequent Chairman, is hereby authorized to execute all documents 13 pertinent to the acceptance of any such conveyance or the clearing of the lien of any encumbrances 14 from any such conveyance. 15 AND IT IS FURTHER RESOLVED that the staff is authorized to follow proper real estate 16 closing procedures and record all such documents in the Public Records of Collier County, Florida. 17 18 19 20 21 22 23 ATTEST: 24 DWIGHT E. BROCK, CLERK 25 26 27 , Deputy Clerk 28 29 30 31 Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney THIS RESOLUTION ADOPTED on this __ majority vote. day of ,2003 after motion, second and By: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Chairman Page 2 FEB 1 1 21103 .... EXECUTIVE SUMMARY APPROVAL OF A RESOLUTION AUTHORIZING THE CHAIRMAN OF THE' BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, TO EXECUTE DEEDS AND AGREEMENTS FOR DEED TO RIGHT OF INTERMENT FOR THE PURCHASE OF BURIAL PLOTS AT LAKE TRAFFORD MEMORIAL GARDENS CEMETERY DURING THE 2003 CALENDAR YEAR. OB,][ECTIVE: Approval of a Resolution authorizing the Chairman of the Board of County Commissioners, Collier County, Florida, to execute Deeds and Agreements for Deed to Right of Interment for the purchase of burial plots at Lake Trafford Memorial Gardens Cemetery during the 2003 calendar year. CONSIDERATIONS: On December 15, 1964, Collier County acquired a 20-acre vacant parcel of land in Immokalee for use as a cemetery for indigent burials. Soon thereafter, Lake Trafford Memorial Gardens Cemetery (Cemetery) plots were made available to the general public as the need existed in the Immokalee area for affordable interment alternatives. The Facilities Management Department is responsible for managing the daily operations of the Cemetery, including the assignment and conveyance of burial plots. Plots are conveyed using two different methods: (1) a "Deed" for plots to be used immediately; and (2) an "Agreement for Deed to Right of Interment" for plots to be used at a later date. Prior to 1992, each plot conveyance was submitted to the Board individually to request approval for the Chairman to execute the appropriate plot deed. To expedite this process, Boards have since, on an annual basis, given the then current Chairman the authority to execute plot deeds on behalf of the Commission without being presented to the Board individually. The County Attomey's Office reviews and approves deeds and related documents before being submitted to the Chairman for execution. The attached Resolution has been revised and approved by the County Attorney's Office. FISCAL IMPACT: All proceeds from plot sales are deposited in the General Fund (001). GROWTH MANAGEMENT IMPACT: There is no impact on the County's long-range planning effort. RECOMMENDATION: That the Board of County Commissioners approve and accept the attached Resolution and authorize the Chairman, during the 2003 calendar year, to execute Deeds and Agreements for Deed to Right of Interment for Lake Trafford Memorial Gardens Cemetery. FEB 11 2003 EXECUTIVE SUMMARY Lake Trafford Memorial Gardens Cemetery Page 2 REVIEWED uv.~ _ ,_~,-- /~,~, '~ DATE: Michael Dowiing, l~,~ro rty~lanagement Specialist Property Acquisitio~'-~ Construction Management REVIEWED BY: REVIEWED BY: Facilities Management Department Charles E. Carri~ton, Jr.~ SR/WA, Man'~ger : Property Acquisition & Cbnstruction Management Facilities Management Department Dani;i-Rodriguez, lnte _/r~D~. cto Facilities Managemefit Department APPROVED BY: ~ministrator Administrative Services Division DATE: FEB ll 2003 ] I 2 3 4 5 6 7 8 9 I0 I1 12 13 t4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 a3 44 45 46 ,17 48 49 5O 51 52 53 54 55 56 57 58 59 61 62 63 65 66 67 68 69 70 71 72 73 74 '/5 76 RESOLUTION NO. 2003-.__ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER, COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF DEEDS AND AGREEMENTS FOR THE LAKE TRAFFORD MEMORIAL GARDENS CEMETERY, BY THE CHAIRMAN OF THE BOARD FOR THE 2003 CALENDAR YEAR. WHEREAS, Collier County acquired a twenty (20) acre site by Warranty Deed dated December 15, 1964 from J.C. Turner Lumber Company and recorded in Ihe Public Records of Collier County in O.R. Book 180, Page 773 on December 21, 1964, for use as a public cemetery known as the Lake Trafford Memorial Gardens Cemetery; and WHEREAS, the Board o! County Commissioners adopted Resolution No. 82-105 on July 27, 1982, which governs the rights of interment, administration, maintenance and development of the Lake Traflord Memorial Gardens Cem~efl(, said policy incktding the disposition of indigent deceased; and WHEREAS, the Board of County Commissioners adopted Resolution 87-224 on September 22, 1987, which revises Resolution No. 82-105 regarding the operation of the cemetery; and WHEREAS, the Board of County Commissioners adopted Resolution No. 90-214 on April 17, 1990. which reserves a section in lhe Veterans Section for the purpose of providing a memorial; and WHEREAS, the Board adopted Resolution No. 90-242 on May 1, 1990, which revises the rules and regulations which govern the administration and development of the cemetery; and WHEREAS, there is a benefit to the County and to lhe public if the administrative procedures concerning Deeds and Agreements for Deed to Right of Interment for the Lake Trafford Memorial Gardens Cemetery are expedited, while maintaining the safeguards of staff and legal counsel review of such documents; and WHEREAS, the Board of County Commissioners recognizes the benefit of reducing time for Board approval on reviewed and approved Deeds and Agreements for Deed to Right of Interment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA that: 1. The Board of County Commissioners does hereby authorize the Chairman of the Board of County Commissioners to execute Deeds and Agreements for Deed to Right of Interment for the Lake Trafford Memorial Gardens Cemetery, pursuant to Resolution No. 90-242 dated May 1, 1990, and the County's administration of that Resolution, whereupon the Deeds and Agreements for Deed to Right of Interment have been previously reviewed and approved by the Facilities Management Department and the County Attorney's Office. 2. The authorization of the Chairman to execute the Deeds and Agreemdnts for Deed to Right of Interment for the Lake Trafford Memorial Gardens Cemetery hereunder shall extend solely for the 2003 calendar year. __ day of ,2003, after motion, second and This Resolution adopted Ihis majority vote. ATTEST: DWIGHT E. BROCK, Clerk BY: , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY:. Tom Henning, Chairman Al:~'oved as to form and H~idi F. Asht~'~ Assistant County Attorney AGE ND~A ITEM FEB 11 2003 EXECUTIVE SUMMARY APPROVAL OF A RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, DURING THE 2003 CALENDAR YEAR, TO EXECUTE AGREEMENTS, DEEDS, AND OTHER DOCUMENTS REQUIRED FOR THE SALE OF GAC LAND TRUST PROPERTY. OBJECTIVE: Approval of a Resolution authorizing the Chairman of the Board of County Commissioners, Collier County, Florida (Board), during the 2003 calendar year, to execute Real Estate Sales Agreements, Statutory Deeds, and other documents required for the sale of that certain property in Golden Gate Estates, commonly known as the GAC Land Trust Property (Trust Lands), conveyed to Collier County by Avatar Properties, Inc. CONSIDERATIONS: On November 15, 1983, Avatar Properties, Inc. (f/k/a G.A.C. Properties, Inc.) (Avatar) and Collier County entered into an Agreement whereby Avartar would convey, in phases and at no cost to Collier County, 1,061.5 acres of property in Golden Gate Estates to Collier County. These conveyances of Trust Lands came with the stipulation that the property itself and money derived from the sale thereof are to be used by the County for purposes directly beneficial to the residences of Golden Gate Estates. At the close of FY 02, there was a cash balance in excess of $800,000 in the GAC Land Trust Fund (605). Attached is a listing of the restrictions associated with the use of GAC Trust Fund proceeds, as well as historical uses of the funds through May, 2000. The Facilities Management Department is responsible for marketing the Trust Lands and for closing any subsequent sales transactions. Prior to 1989, transactions were submitted to the Board individually for approval. To expedite closings, Boards have since, however, on an annual basis, given the then current Chairman the authority to execute Real Estate Sales Agreements, Statutory Deeds, and other required closing documents on behalf of the Commission without each transaction being presented to the Board for approval. The County Attorney's Office reviews and approves all documents required for a sale before being submitted to the Chairman for execution. The attached Resolution has been revised and approved by the County Attorney's Office. FISCAL IMPACT: All proceeds from property sales are deposited in the GAC Trust - I. amd Sales (605). GROWTH MANAGEMENT IMPACT: There is no impact on the County's long-range planning effort. RECOMMENDATION: That the Board of County Commissioners approve and accept the attached Resolution and authorize the Chairman, during the 2003 calendar year, to execute Real Estate Purchase Agreements, Statutory Deeds, and such other documents _re__q~red~for_ . ~ AGEND;~.ITEM the sale of Trust Lands.No. [6 FEB 1 1 2003 / Pg._ EXECUTIVE SUMMARY Sale of GAC Land Trust Property Page 2 REVIEWED BY:Y' ..,., ~.~ /~ ~<'~ DATE: L/Michael Dowling, Propert~/~Vl~nageme~t Specialist Property Acquisition & C~,ns~uction Mhnagement Facilities Management Department REVIEWED BY:~,_,]f/~;~'~ ~- ~ f, iltt,'~-L~ ~' ~ I~/ DATE: ~'~arles E. Carrin~gton, Jr.] SR/W~, Manager Property Acquisition & C6nstruction Management Facilities Management Department REVIEWED BY: Daniel Rod riguez, I~_i~recto r Facilities Managefnent Department DATE: APPROVED BY: ~dministrator Administrative Services Division DATE: 20O3 GOLDEN GATE ESTATES LAND TRUST COMMITTEE (Est. Ordinance No. 87-48) On November 15, 1983, Avatar Properties Inc. and Collier County entered into an Agreement (1983 Agreement) to convey to Collier County approximately 1,061 acres of property located throughout Golden Gate Estates. According to the 1983 Agreement, the property dedicated to Collier County would be used to provide facilities for such things as recreation, utility and community service for the existing and future residents and visitors of Collier County, to provide a source of revenue to fund improvements within the area known as "Golden Gate Estates", and to provide for the acquisition of other lands, equipment, and materials for the future construction of improvements. The 1983 Agreement required that the lands deeded to the County be used only to provide governmental facilities (capital projects), with all capital improvements to be physically located within the geographical boundary of the area known as "Golden Gate Estates." According to the Agreement, the governmental facilities which can be constructed upon said property or with the proceeds of the sale of the property include fire protection facilities, police facilities, public schools, libraries and recreational facilities as well as equipment necessary for the operation thereof. The Golden Gate Estates Land Trust Committee, f/k/a Golden Gate Estates Citizens Advisory Committee, was established to aid and assist the Board of County Commissioners in carrying out the requirements, conditions and various provisions of the 1983 Agreement, to advise the Board of County Commissioners as to specific governmental facilities recommended to be provided on the lands deeded, and set priorities for expenditures of the Trust Fund. The following information is being provided as a summary of the GAC Land Trust (Fund 605). LAND INVENTORY (As of April 5, 2000) Acres Sold: 713 Net Proceeds: Acres Reserved: 183 Estimated Value: Acres yet to be sold (est.) 165 Estimated Value: Total Acreage: 1061 Total Values: $1,412,290 $1 ,O38,894 $ 436,389 $2,887,573 On June 22, 1999 the Board of County Commissioners retained various property from sales for purposes of providing governmental facilities for existing and future residents of Collier County. This list is to be reviewed again by the Board in July 2004. Golden Gate Fire & Rescue District: Big Corkscrew Island Fire & Rescue District: School Board of Collier County: Retained for future marketability: Board of County Commissioners: Sheriff's Office: 05.07 acres (4 tracts of land) 01.49 acres 45.97 acres (7 tracts of land) 68.94 acres 56.69 acres (proposed park site) 04.50 acres (training facility) AGENDA ITEM No. /(,,~ L.~ FEB 1 1 2003 COMPLETED PROJECTS Since the time of the Committee's establishment, the following projects have been funded from the GAC Land Trust: As of 5/900: AGENCY/PROJECT PURPOSE YEAR AMOUNT APPV'D (rounded) Collier County Golden Gate Fire & Rescue District Big Corkscrew Island Fire & Rescue District Big Corkscrew Island Fire & Rescue District Golden Gate Fire and Rescue District Big Corkscrew Island Fire & Rescue District Golden Gate Fire & Rescue District Ochopee Fire District Sheriff's Office Golden Gate Estates Library Golden Gate Estates Park Golden Gate Estates Library Golden Gate Estates Park Golden Gate Estates Library Big Corkscrew Island Fire & Rescue District EMS Medic #12 Big Corkscrew Island Fire & Rescue District EMS Medic #12 Sheriff's Office Big Corkscrew Fire & Rescue District Collier County Big Corkscrew Fire & Rescue District Collier County Collier County Golden Gate Fire & Rescue District Big Corkscrew Island Fire & Rescue District Fire Hydrants 1987 Building improvements 1987 Firetruck 1987 Building Improvements 1988 Pumper Truck 1990 Pumper Truck/Misc. Equip. 1990 Garage Improvements 1990 Firetruck 1990 Training Facility/Land Purch. 1990 Design 1993 Design 1993 Land Purchase 1992 Access Land Purchase 1994 Reference Book Collection 1995 Fire Protection Equipment 1995 Design 1995 Radio Equipment 1996 Construction 1996 Purchase of Shovels 1997 Misc. Fire Equipment 1997 Rural Safety Refuge Shelters 1998/99 Lightweight Brush Fire Truck 1999 EMS #17- Land/Design 1999 Community Park Fitness Eqp. 2000 C.E.R.T. Equipment 2000 Design/Engineering Stn. #12 2000 $ 30,000 $100,000 $100,000 $ 25,OOO $ 70,O0O $ 48,500 $ 20,000 $ 50,000 $166,200 $ 50,000 $100,000 $ 30,300 $ 26,100 $ 30,000 $ 20,000 $ 40,000 $ 50,000 $ 60,000 $ 300 $ 28,500 $ 50,000 $ 51,400 $ 50,000 $ 50,000 $ 12,500 $ 50,000 TOTAL PROJECT EXPENDITURES $1,308,800 Project Breakdown/Agency: Golden Gate Fire & Rescue District Big Corkscrew Island Fire and Rescue Distdct Board of County Commissioners Sheriff's Office $202,500 $373,400 $566,400 $166,500 TOTAL $1,308,800 AGENDA ITEM No. FEB 11 2003 1 2 3 4 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 29 3o 31 32 33 36 37 39 40 43 48 50 51 52 53 .54 56 57 58 59 61 RESOLUTION NO. 2003=~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF THE REAL ESTATE SALES AGREEMENTS AND STATUTORY DEEDS FOR THE G.A.C. LAND TRUST PROPERTY BY THE CHAIRMAN OF THE BOARD FOR THE 2003 CALENDAR YEAR. WHEREAS, Collier County, Florida entered into an agreement with Avatar Properties Inc. on November 15, 1983 to accept as Trustee 1,061.5 acres of real property in Golden Gate Estates for the purpose of sale to the public; and WHEREAS, Collier County, Florida accepted the acreage in phases: Phase 1 on November 15, 1983, Phase Il and ill on February 16, 1988 and Phase IV and V on June 13, 1989; such conveyances have been recorded in the Public Records of Collier County, Florida; and WHEREAS, on April 5, 1988, and March 10, 1998, the Board of County Commissioners approved the marketing procedures for the sale of the Golden Gate Estates property conveyed by Avatar Properties Inc. Thereupon the Facilities Management Department has been actively marketing the property (Phases I through V) for sale to the general public; and WHEREAS, there is a benefit to the County and to the public if the administrative procedures concerning the Real Estate Sales Agreement documents and Statutory Deeds are expedited, while maintaining the safeguards of staff and legal counsel review of such documents; and WHEREAS, the Board of County Commissioners recognizes the benefit of reducing time for Board approvals and the subsequent closing process on reviewed and approved Real Estate Sales Agreements and Statutory Deeds. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Ihat i. The Board of County Commissioners does hereby authorize the Chairman of the Board of County Commissioners to execute Real Estate Sales Agreements and Statutory Deeds resulting from the Agreement dated November 15, 1983 and the County's administration of such Agreement, whereupon the Real Estate Sales Agreements and Statutory Deeds have been previously approved by the Facilities Management Department, the Finance Department and the County Attorney. 2. The authorization of the Chairman to execute Real Estate Sales Agreements and Statutory Deeds hereunder shall extend solely for the 2003 calendar year. This Resolution adopted this second and majority vote. ATTEST: DWIGHT E. BROCK, Ciexk day of ,2003, after motion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk BY: Tom Henning, Chairman Approved as to form and H&di F. ~si~on Assistant County Attorney EXECUTIVE SUMMARY APPROVE THE AWARD OF RFP # 03-3441, "AIR FILTRATION SERVICES AND SUPPLIES", TO KLEEN AIR RESEARCH, FOR ANNUAL AIR FILTER SERVICES IN THE AMOUNT OF $73,000. OBJECTIVE: To have the Board of County Commissioners approve the award of RFP # 03-3441, "Air Filtration Services and Supplies", to Kleen Air Research, for annual air filter change and service in all County facilities. CONSIDERATION: The Collier County Facilities Management Department is responsible for maintaining all of the air conditioning equipment throughout the County. In order to ensure that all equipment continues to operate in a clean and efficient manner, the County has determined the best method is to enter into a contract with a qualified air conditioning filter service company. This service will ensure that all air filters within County buildings are replaced on a set schedule giving the County the best possible indoor air quality in a cost effective manner. As part of the County's regular preventive maintenance program, all air conditioning equipment including the air filters, air handlers, coils, vents and ductwork must be cleaned and chemically treated to prevent molds and fungi from growing within the air-conveyance systems. On October 1, 2002, the Purchasing Department solicited proposals for air filtration services and supplies. A selection committee met to discuss the four respondents to RFP g03-3441. The firms were judged on ability to provide specific services, with special regard to quality and comprehensiveness of scope of services. The Selection Committee reviewed the proposals and determined that Kleen Air Research met all the specified criteria. See attached selection ranking form. FISCAL IMPACT: Funds are budgeted in FY 2002-03 Building Maintenance cost center. Annual air filtration expenses total $73,000. GROWTH MANAGEMENT IMPACT: There is no impact on Collier County's Growth Management Impact Plan. RECOMMENDATION: That the Board of Collier County Commissioners approve the award of RFP g03-3441, "Air Filtration Services and Supplies" to Kleen Air Research for annual air filter services and supplies. Executive Summary RFP #03-3441 "Air Filtration Services and Supplies" Page 2 of 2 SLrBMYYFED BY: Date: Daniel R. R~driguez-, fnte/vj~DirC~or Department of Facili~eg Management REVIEWED BY: //. Date: Stephen ~ C&rnel ,l~/Director Purchasing Department Skip Camp, Interim Administrator Administrative Services Division Date: EXECUTIVE SUMMARY Award Bid #02-3314 for the Advertising of Delinquent Real Estate and Personal Property Taxes at an annual cost of $63,680. Objective: To obtain advertising services pertaining to the referenced properties pursuant to state law and the County's purchasing policy. Considerations: Pursuant to Chapter 197 F.S., counties are required each year to advertise the list of real estate and tangible personal properties for which annual tax payments have not been collected prior to final resolution of the unpaid debt. The list of delinquent real estate properties is to be advertised at least three (3) times prior to the sale of tax certificates. The list of delinquent tangible personal properties must be advertised at least once prior to the issuance of warrants. Section 197 F.S., calls for the Board of County Commissioners to select the newspaper for advertising the referenced lists of delinquent properties. In the event that the Board does not select the newspaper, the Tax Collector makes the selection. On December 20, 2002 solicitations were sent to nine (9) area publications. On January 15, 2003 proposals were received from two (2) newspapers, Tuff Publications, Inc., and Naples Daily News. A copy of the tabulation sheet is attached to the summary. The specification calls for the successful bidder to publish the Delinquent Real Estate Tax Roll and the Delinquent Personal Property Tax Roll in the edition/issues agreed upon by the County, in a minimum of one thousand (1,000) copies of a newspaper of general circulation in Collier County as defined in Chapter 50, F.S. Tuff Publications proposes to fulfill the legal considerations and bid requirements by publishing these advertisements in the Everglades Echo, the Golden Gate Gazette and the Naples Shopper for a total distribution of 40,000 copies. The Naples Daily News proposes to publish the advertisements based on a total distribution of 48,498 copies. Each publication will circulate the delinquent real estate properties list three (3) times and the list of delinquent tangible personal property once. In evaluating the bid offers, staff considered both the total cost of each bid and the publication's proposed quantity of circulation. A summary of that data is as follows: Publication Naples Daily News Tuff Publications Est. Cost Per No. of Total Item Parcels Parce..! Printin_cis Cost Real Estate Properties 10,000 $1.99 (x) 3 $59,700 Personal Properties 2,000 $1.99 (x) 1 $ 3,980 $63,680 Rea! Estate Properties 10,000 Personal Properties 2,000 $2.18 (x) 3 $65,400 $2.18 (x) I $ 4,360 $69,760 Publication Naples Daily News Tuff Publications Total Cost $63,680 $69,760 divided by divided by Total No. of Printinas 193,992 160,000 Cost per Household $.328 $.436 FEB 11 200 P~', / EXECUTIVE SUMMARY Page Two Bid #03-3471 Based on the referenced analysis, the proposal from the Naples Daily News represents a lower total cost as well as a lower cost per household. Given these considerations, the higher circulation offered by the Naples Daily News and the fact that the purchaser of the tax certificate deed ultimately bears the cost of the advertising, staff recommends award of this contract to the Naples Daily News. Fiscal Impact: The actual cost of advertising is ultimately recovered in full from the property owner or purchaser of a tax certificate. Growth Management Impact: This will not affect the Growth Management Plan. Recommendation: That the Board of County Commissioners award Bid #03-3471 for the Advertising of Delinquent Real Estate and Personal Property Taxes to the Naples Daily News. Prepared by: ~,,,-~','~~~-,~, Date _.F r e/d'hE · B I a t~?.[~/~ ~urc as~ng gen Reviewed and- ~,~.~,~./~ ~.~, ~ ¢/~/~y Approved by: Step~e~n Y. Carflell, Purchasing/General Services Director Reviewed and Approved by~ Administrative Services Administrator Date APPROVAL OF BUDGET AMENDMENTS BCC Agenda of February 11, 2003 Miscellai~eous Florida Statutes Fees Collected (Fund 190) Budget Amendment 003-180 Capital Building Improvements $25,000 Reserves Reserve for Capital Outlay ($25,000) Total: -0- Explanation: Funds are needed to complete several ADA related projects, including the installation ora handicap parking area at the Law Library, and new railings at Development Services and the Marco Island Library. The funding source is from the handicapped parking violation revenues reserve account. AGENDA ITEM Nc).~~_~_ FEB ! 2003 Pg.. / EXECUTIVE SUMMARY APPROVE THE LOCAL GOVERNMENT ACCESS TELEVISION POLICIES AND GUIDELINES OBJECTIVE: The Board of County Commissioners approve the Local Government Access Television Policies and Guidelines. CONSIDERATIONS: To date, Collier County has not had formal policies and guidelines in place regarding local government access television. It is intended that the proposed policies and guidelines will provide general direction for the use of the Collier County Government Access Television Channel. This document applies only to "local government access". Franchise agreements between the County and two cable companies made available two channels for government access at no cost to the County. Collier County is required to adopt operating rules for each local government access channel. The government access television channel operates under the jurisdiction of the Board of County Commissioners. It is the responsibility of the Board to develop policy and oversee program content for conformance with these guidelines; the County Manager is responsible for administering the programming and operation of the cable channel through the Communication and Customer Relations Department. The Policies and Guidelines document addresses the goals of the channel, eligibility for use, operational procedures, program categories, program priorities, editing policies, scheduling, program restrictions, copyright and copies provided. The Policies and Guidelines have been reviewed by the County Attorney's Office for legal sufficiency. FISCAL IMPACT: There is no fiscal impact associated with this request. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this request. RECOMMENDATION: It is recommended that the Board of County Commissioners approve the proposed Local Government Access Television Policies and Guidelines which will provide consistency and ~}~roved rules govern)13~g local government access television. /rBa[-~o~ara Pedone, Sr. Administrative Assistant Reviewed by: ~[~p~{t ' ' , ~ Je~fl Merritt, Director Cr'mmunication and Customer,Relations Dept. - Jay Seidi, Inl~rim Director Communication and Customer Relations Dept. Approved by: ~ ~ ~ Le~o-l~. Ochs, Deputy~2o, d~ty Manager COLLIER COUNTY LOCAL GOVERNMENT ACCESS TELEVISION POLICIES AND GUIDELINES Table of Contents · Purpose and Intent · Authority for the Channel · Regulation of Channel · Goals and Objectives of Channel · Eligibility for Use · Operational Procedures · Program Categories · Program Priorities · Program Scheduling · Editing Policies · Program Restrictions · Ownership/Copyright/Duplication/Retention of videotapes produced with GATV equipment 2 Collier County Government Access Television Policies and Guidelines A. Purpose and Zntent The purpose of this document is to provide general guidelines and policy direction for the use of the Collier County Government Access Television Channel (GATV). The Cable Communications Policy Act of 1984, 47 U.S.C. Section 521 et seq. distinguishes "public access" from "educational access" and from "governmental access". Goldberg v, Cablevis/on Systems ¢orporat/on, 261 F.3d 318 (USC,A 2nd Cir. 2001). This document applies only to "local government access." Local Government Access is a privilege. No person or entity has any right to any of this access. B. Authority for the Channel Ordinance No. 88-90 Section 30-54(b)(1) of the County Code of Laws and Ordinances mandates that each Franchisee shall make available at least one channel for local government access programming to be made available at no charge to Collier County. That subsection also specifies that Collier County shall adopt operating rules for each such local government access channel. The GATV Channel for Collier County operates under the jurisdiction of the Board of County Commissioners ("BCC'g and under the county- granted franchise. Responsibility for developing policy and reviewing program content for conformance with these guidelines lies with the County Manager who administers the programming and operation of the cable channel through the Communication and Customer Relations Department, which includes the Narco Island Cable system notwithstanding that in 1999 that franchise agreement was assigned from the County to the.City of Narco Island. Section 6 of that assignment agreement does not affect the County's rights or responsibilities with regard to any channel access. C. Goals of the Channel The primary goal of GATV is to identify, explain, and promote the use of county services and to encourage interaction between county government and Collier County citizens and residents. Programming consists of any information r.e!~l;i~.e,____ .... FEB 11 2003 to the operation of county services; explanations of the functions of government; general information to the public relative to meetings; times, dates, places; emergency information as necessary and general announcements of current government events in the county. Programming may also include events such as coverage of county facility openings, and recreational and cultural events held outside government facilities. Election results may also be broadcast as provided by the county's Supervisor of Elections. D. Eligibility for Use Only the Collier County Board of County Commissioners, the Office of the County Manager and its departments, boards, authorities, and other offices that are under the jurisdiction of the Board of County Commissioners or the County Manager are eligible to use Collier County GATV, except as noted below. These are referred to herein as "eligible applicant(s)." Each eligible applicant may submit requests and proposals for programming which are appropriate to the guidelines set forth here. All programming requests, as well as requests for production assistance, are subject to review and approval by the Communication and Customer Relations Department. Each respective local government access channel may be allowed to provide public informational programming from other sources for scheduling as long as the programming meets the stated Collier County GATV objectives and is a subject for local government access. E. Operational Procedures All public meetings of the Board of County Commissioners are authorized for broadcasting. Coverage of all Board meetings shall be from gavel to gavel, with no editing. Each eligible applicant may submit requests and proposals for programming. The programs may be locally produced. All programming requests are subject to review and approval by the Communications and Customer Relations Department (the "CCRD'3. Decisions of the CCRD shall be final. Costs which include staff time and all elements of production, i.e., directing, writing, videography, and editing will be determined prior to production and shall be incurred by the requesting department or FEB 11 20 3 office. The applicant shall be required to pay in advance a reasonable estimate of such costs. .. Information for the bulletin board may be submitted by any eligible applicant to the Communication and Customer Relations Department. If accepted, the CCDC will format and edit it for inclusion on the bulletin board. A daily programming schedule will be kept on file and will be made available to the public via the county web site (colliergov.net). F. Program Categories The Collier County GATV Channel shall consist of these six programming categories. Live coverage of events originating from county offices will generally consist of cablecast of the Board of County Commissioners' meetings, hearings, and other live programming as may be determined from time-to-time. 0 Tape delayed cable casting of items listed in paragraph 1, above, and other similar events. Locally produced programs produced through the facilities of the Collier County GATV Channel to inform the public of the services and programs provided by Collier County. Outside source programs provided such programming shall only be used when in compliance with these guidelines. Local affiliate repeats may be obtained through local news organizations and other related groups (PBS, local network affiliates, etc.). Arrangements for repeat cablecast of said programming may be made with such organizations, subject to be in compliance with the guidelines listed herein. Alphanumeric reader board service should be in operation only when no other video programming is being broadcast and during such times the reader board will be able to broadcast conUnuous alphanumeric display of current information of interest to the public subject to being within the subject matter as specified in these guidelines. " FEB 11 2003 G. Program Priorities The following shall have first priority on the channel and will be covered gavel to gavel and will pre-empt other scheduled programming. :~. Live broadcast of regular and special meetings of the Board of County Commissioners. 2. Live broadcast of Public Hearings of the Board of County Commissioners. 3. Live broadcast of other meetings of the Board, such as workshops or planning and/or briefing sessions. 4. Other programming on Local Government Access channels will be in the following order of priority: a. Public affairs programs produced by the Communication and Customer Relations Department as authorized by the BCC and/or County Manager. b. Programs produced by any other eligible applicant that inform viewers of county services, county policies, and county projects to the extent approved by the BCC and the Communication and Customer Relations Department. The CDCC will determine the required format. c. Programs produced by other government agencies and programming of a general government or public service nature provided the subject matter thereof is in accord with these guidelines. This shall not authorize "public access" or "educational access." H. Editing Policies No public meetings will be edited. Portions may be used as segments of other programming subject to approval of the CDCC and the programming, as segmented, is not misleading. J Messages programmed for use on the bulletin board may be edited to provide clarity, to maximize the capacity of the system or for any other valid, specified reason(s). Bulletin board programming is wholly discretionary with the CCDC, but, broadcast time availability permitting, is not to be unreasonably withheld. The applicant for such programming must specify in writing the reason(s) that support the respective request and provide CCDC with a written requested schedule for such programming. : FEB 11 2003 -,- I. Scheduling The Communication and Customer Relations Department will be responsible for coordinating and determining all scheduling on the Collier County GATV Channel. 3. Program Restrictions Programming shall be direct, non-editorial information regarding the operation and deliberations of county government. The Collier County GA'rV Channel shall not be a political forum, nor to support or oppose any policy, program or issue. The CCDC has final approval as to appropriate program content for the GA'rv Channel, subject to the appeal provisions. No Collier County GATV Channel shall be available for any of the following: a. Any advertising that promotes the sale of any commercial product, service or thing. Program sponsors are permitted, utilizing the PBS style. Credit can be given only very briefly during the opening or closing credits. b. Any endorsement for or opposition to any consumer product, service or thing. c. Promotional announcements for events, charities, or outside organizations in which the government has no official interest or sponsorship. d. Any information concerning any lottery, gift enterprise, or similar promotion offering pdzes based in whole or part upon lot or chance. e. Any matedal which would violate any federal state or Collier.County law. f. Any material which promotes religious beliefs or religious philosophies, g. Direct solicitaUon of anything of value. Public service or promotional announcements for government- sponsored events or programs may be accepted for broadcast. Public Service Announcements for events in government facilities such as FEB 11 2003 parks, convention center and recreation facilities are acceptable and may be accepted for broadcast. Declared candidates for elective or appointed office. Declared candidates for public office and persons advocating any cause, viewpoint, or proposed policy of a partisan nature. For purposes of this directive, a person is considered to be a candidate from the time of announdng publicly for office or from the official deadline for filing until the final election for the respective office has been held. The exclusion does not apply to persons who receive airtime as part of a public meeting on the Local Government Access channel, nor does it apply to elected offidais acting in their official capacity. This exclusion also does not apply to a program in which all candidates for a particular office appear in a forum where they are all given equal time. Candidates for office may also, during the live broadcast, solicit campaign contributions subject to law. K. Compliance with Laws; Copyright. Compliance with all Laws. ]:t is the responsibility of all applicants to abide by all applicable laws, rules and regulations. By applying for access, each applicant thereby automatically certifies to Collier County, including the CCDC, that the respective applicant has complied with all of same, including copyright. Each GATV program is a "public record" under Florida Law. Collier County retains all copyright to all items that are copyrightable by Collier County. L. One Copy Without Charge. One copy of each program produced by a GATV producer will be provided free of charge to appropriate persons. FEB 11 2003 cOMMISSIONER REQUEST FOR APPROVAL FOR PAYMENT TO ATTEND FUNCTION(S) SERVING A VALID PUBLIC PURPOSE Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic associations / organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. In accordance with Resolution No. 99-410, ~Commissioner Tom Henning hereby requests that the Board of County Commissioners approve for payment by the Clerk his/her attendance at the following function /event: Function I Event: Economic Develo ment Council Board of Directors Installation of Officers Dinn~ and Outstandin Volunteer of the Year Award Public Purpose: Su rt EDC volunteer ro and interact with Award _Recipients and Constituents Date of Function/Event: Febnmry 19, 2003 Amount to be paid by thc County: ~ ~ COUNCIL C~ COLlaR Cou~n~ You are cordially invited to attend the Economic Development Council of Collier County Board of Directors Installation of O~ Dinner Wednesday, February 19, 2003 LaPlaya Beach Resort 9891 Gulj~hore Drive, Naples, Florida 6:30 p.m. - Reception 7:30 p.m. - Dinner & Program $85 per person o $900 Table Sponsor At the event, the EDC will also be presenting the Business attire. Please R.S.V.P. by Friday, February 14, 2003, by completing the form provided on the reverse side or by visiting our mebsite at urarm, eNaplesFlorida.com. BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE February 1 l, 2003 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Minutes: H:Data/Format 10. 11. 12. Collier County Contractor's Licensing Board - Agenda for January 15, 2003. Workforce Housing Advisory Committee - Minutes of November 18, 2002, December 2 & 18, 2002. Collier County Hispanic Affairs Advisory Board - Agenda January 6, 2003. Bayshore Gateway Triangle Local Redevelopment Advisory Board - Agenda for January 8, 2003. 1-75/Golden Gate Ad Hoc Landscaping Beautification Committee - Summary of Motions and Minutes for December 11, 2002. Pelican Bay Advisory Services - Agenda for January 9, 2002; Minutes of December 9, 2002. Bayshore Beautification M.S.T.U. - Agenda for January 8, 2003; Minutes of December 11, 2002. Environmental Advisory Council -Agenda for January 8, 2003; Minutes of December 4, 2002. Vanderbilt Beach M.S.T.U. - Agenda for January 9, 2003; Minutes of December 5, 2002. Collier County Citizens Corp Advisory Committee - Agenda for December 19, 2002; Minutes of December 19, 2002. Ochopee Fire Control District Advisory Board - Minutes for October 7, 2002. Collier County Planning Commission - Age: Minutes of December 19, 2002. FEB pg._ 13. 14. 15. 16. 17. 18. 19. 20. Collier County Airport Authority - Agenda for January 13, 2003; Minutes of December 19, 2002. Parks and Recreation Advisory Board - Agenda for January 15, 2003; Minutes of December 18, 2002. Immokalee Local Redevelopment Advisory Board - Agenda for January 22, 2003. Radio Road Beautification M.S.T.U. - Agenda for January 21, 2003; Minutes of December 17, 2002. Lely Golf Estates Beautification Advisory Committee - Agenda for January 16, 2003; Minutes of December 19, 2002. Workforce Housing Advisory Committee - Agenda for January 14, 2003. Forest Lakes Roadway and Drainage M.S.T.U. Advisory Committee - Minutes of December 13, 2002; Agenda for January 24, 2003. Lake Trafford Restoration Task Force Meeting - Minutes of December 18, 2002; Agenda for January 22, 2003. Bo Other: 1) Florida House of Representatives - Mike Davis received Committee Assignments. H:Data/Format AGFNDA iTEM No. \ FEB I I 2003 pg. Z. EXECUTIVE SUMMARY THAT THE BOARD OF COUNTY COMMISSIONERS MAKE A DETERMINATION OF WHETHER THE PURCHASES OF GOODS AND SERVICES DOCUMENTED IN THE DETAILED REPORT OF OPEN PURCHASE ORDERS SERVE A VALID PUBLIC PURPOSE AND AUTHORIZE THE EXPENDITURE OF COUNTY FUNDS TO SATISFY SAID PURCHASES. OBJECTIVE: To have the Board of County Commissioners make a determination whether the purchase orders opened from January 1, 2003 through January 31, 2003 serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. CONSIDER21TIONS: To ensure compliance with State law, the Clerk's Office has prepared a detail list of all purchase orders that have not previously been approved by the Board of County Commissioners that were opened for the period January 1, 2003 through January 31, 2003. This report is available for inspection and review in the County Manager's Office. FISCAL IMPA CT: The goods and services included in the aforementioned report have all been previously appropriated. GROWTH MANAGEMENT IMPACT: related to this item. There is no Growth Management Impact RECOMMENDATION: That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the detailed report of open purchase orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. a~areeS L. Mitchell, CIA, CFE, CBA ctor of Finance and Accounting Reviewed and Approved By: D~-'I~ fohnssen · ~General Accounting Manager Date: F~_~ 112003 -_3 EXECUTIVE SUMMARY REQUEST THAT THE BOARD OF COUNTY COMMISSIONERS AUTHORIZE CHAIRMAN TOM HENNING TO SIGN THE ATTACHED AGREEMENT AUTHORIZING THE COLLIER COUNTY SHERIFF'S OFFICE TO HAVE TRAFFIC CONTROL JURISDICTION OVER PRIVATE ROADS WITHIN THE ISLAND WALK SUBDIVISION OBJECTIVE: That the Board of County Commissioners authorize Board Chairman Tom Henning to sign the attached Agreement on behalf of the Board of County Commissioners. This Agreement has been placed on the Board's Agenda at the request of the Sheriff's Office. CONSIDERATIONS: The Island Walk Homeowners' Association and the Collier County Shedff's Office have negotiated the attached Agreement. The Sheriff's Department will assume traffic control jurisdiction over private roads within the Island Walk Subdivision. Representative of the Sheriff's Office have affirmed: (i) that in their judgment this assumption of traffic control is feasible and appropriate, (ii) the traffic control signs controlling these private roads meet applicable specifications, and (iii) the Homeowners' Association has submitted to the Sheriff's Office an appropriate sign maintenance plan. The attached Agreement has been executed by the Homeowners' Association and by the Sheriff's Office. The Agreement can be terminated by the Board or by the Homeowners' Association. FISCAL IMPACT: This item should have no fiscal impact upon Collier County. The Agreement specifies that the Sheriff's Office can negotiate with the Homeowners' Association to recover the Sheriff Office's costs of traffic control over these private roads. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Agreement. RECOMMENDATION: That the Board of County Commissioners authorize Chairman Tom Henning to sign the attached Agreement on behalf of the Board of County Commissioners. PREPARED BY: '"~0 ~'. -, ~")~'. L~,A,'---~ Date: Tom Palme~nt C///,,iunty~ttorney APPROVED BY: ' '-" Date: M. W. "Danny" Schryver, Sheriff's Attorney FEB 1 1 2003 AGREEMENT APPROVING AND PROVIDING FOR COUNTY TRAFFIC CONTROL JURISDICTION OVER ROADS WITHIN THE ISLAND WALK SUBDIVISION THIS AGREEMENT is made and entered into this ~ day of ,2003, by and among the following three parties: Island Walk Homeowners Association, Inc. 4500 PGA Boulevard, Suite 400, Palm Beach Gardens, Florida 33418; the Collier County Sheriff's Office; and the Board of County Commissioners of Collier County, Florida. WHEREAS, all roads within the Island Walk Subdivision (in unincorporated Collier County) are private roads that are not owned or maintained by Collier County; and WHEREAS, the Island Walk Homeowners Association which is responsible for maintaining and controlling the Island Walk Subdivision, has tendered to the SheriffofCollier County, a letter request, dated March 22, 2002, attached hereto as Exhibit "A", and is thereby requesting that the Collier County Sheriff's Office patrol the private roads within the Island Walk Subdivision and exercise jurisdiction over those private roads by enforcement of state and county traffic laws; and WHEREAS, Subsection 316.006(3)(a), Florida Statutes, provides that each Florida County may exercise jurisdiction over private road(s) located within the unincorporated area in its boundaries provided the respective County and other parties owning or controlling such road provides, by written agreement approved by the governing body of the County, for county traffic control .jurisdiction over the road(s) covered by the agreement; and WI-IEREAS, representatives of the Collier County Sheriff's Office have monitored traffic on private roads within the Island Walk Subdivision and have arVn'reed that traffic enforcement FEB ! 1 2003 Pg. by the Collier County Sheriff's Office is appropriate, and have agreed to provide traffic control enforcement in the geographic areas requested (Exhibit "B"); and WHEREAS, Collier County, a political subdivision of the State of Florida, through representatives of its Transportation Department, has reviewed and communicated with an engineer for the Island Walk Subdivision regarding signage and a required subdivision sign maintenance plan (see Exhibit "C" attached hereto); and WHEREAS, the Board of County Commissioners has reviewed these written requests and has determined that it is in the interest of the public health, safety and welfare to enter into this Agreement, pursuant to Subsection 316.006(3)(b), Florida Statutes. NOW THEREFORE, the three parties hereto agree as follows: 1. The recitals and Exhibits stated and referenced above are restated and are made a part of this Agreement. 2. Collier County, by action of its Board of County Commissioners, hereby determines to exercise traffic control jurisdiction over all private roads located within the geographic area of the Island Walk Subdivision as described in Exhibit "B" pursuant to this Agreement entered into pursuant to Subsection 316.006(3)(b), Florida Statutes. 3. Pursuant to Subsection 316.006(3)(b)(2), Florida Statutes, the Collier County Sheriff's Office hereby expressly waives the statutory requirement concerning the effective date of this Agreement relating to the beginning of the next county fiscal year and agrees to the effective date of this Agreement. 4. The Collier County Sheriff's Office shall, commencing on the date of final action AGENDA, iTEl,-', ~ N ('~ ~ o. I-'Gt .... \ 2 FEB 1 1 2u :, i o by the Collier County Board of County Commissioners and thereafter, until this Agreement is terminated, shall include as part of its duties, patrol and enforcement of all county and state traffic control regulations and laws on and over private roads within the Island Walk Subdivision, including such additional roads, if any, that may hereafter come into existence within the Island Walk Subdivision. The parties recognize that ail private roads within the Island Walk Subdivision (as such roads are described herein) are not public roads, are not County-owned, and neither the County nor the Sheriff's Office has any duty or responsibility for construction, maintenance and/or repair of any of the same, including signage, m~d this Agreement does not impose any such responsibilities upon the County or the Sheriff's Office. Signage maintenance, repair and adequacy on and along the roads within the Island Walk Subdivision is the responsibility of Island Walk Homeowners Association and/or other private property interest(s) within said Subdivision; and a maintenance program shall be developed by and shall be adhered to by the Island Walk Homeowners Association (see Exhibit "C' attached hereto). For purposes of identification and geographic specificity, the Island Walk Subdivision is composed of the platted areas described in Exhibit "B" attached hereto. The Island Walk Subdivision hereby indemnifies and holds Collier County and the Collier County Sheriff's Office harmless for non-negligent acts, errors or omissions in providing the exercise of traffic control jurisdiction as agreed to 3 FEB 1 1 21303 o o hereunder. Collier County, a political subdivision of the State of Florida, shall be included as "additional insured" on all applicable liability insurance policies. The Collier County Sheriff's Office hereby reserves the authority under this contract to enter into negotiations with Island Walk Homeowners Association for the purposes of allocating costs pursuant to subsection 316.0063(3)(b)(1 .) as a precondition to provision of enforcement according to the further terms hereof. This Agreement may be changed, amended modified only by a means of a written document executed with the same formality as this Agreement. However, this Agreement may be terminated unilaterally by the Board of County Commissioners by adoption of a Resolution (at a public meeting of the Board of County Commissioners) providing that this Agreement be terminated, or by Island Walk Homeowners Association, Inc. IN WITNESS WHEREOF, the Association and the County have executed this Agreement. WITNESSES: (Signat~e) - Fi~ Witness Printed name of First Witness (Signature) - Second Witness Printed name of Second Witness ISLAND WALK HOMEOWNERS ASSOCIATION, INC. Charles H. Hathaway, Presidem(( (Corporate Seal) WITNESSES: (Two required) COLLIER COUNTY SHERIFF'S OFFICE (S~- First Withes Printed name of First Witness (Signature) - Second W'~ness D~6o,~&h V-er Printed name of Secon~ Witness Dated ,2003 ATTEST: DWIGHT E. BROCK, CLERK BY: Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Chairman Approved as to form and legal sufficiency: Thomas ~C. Palmer, Asst. County Attorney Dated this J.l~/l~ qlt~ 2 2,2003 FEB 1 I ISLANDWALK HOMEOWNERS ASSOCIATION, INC. 4500 PGA Boulevard, Suite 400 Palm Beach Gardens, FL 33418 (561) 627-2112 Fax: (561) 622-7516 Via Facsimile and U.S. Mail March 22, 2002 M.W. Shryver, Esq. Collier County Sheriff's Department 3301 East Tamiami Trail Collier County Government Center Building J Naples, Florida 33962 Re: Island Walk Traffic Control Agreement Dear Mr. Schryver: The Island Walk Homeowners Association, Inc. hereby requests the Collier County Sheriff's Office to enforce all county and state traffic control regulations within the boundaries of the Island Walk Subdivision. The Board of Directors of the Association approved the request for this action by written action taken without a meeting pursuant to Florida Statutes 617.0821 on March 20, 2002. Sincerely yours, William E. Shannon Secretary WES/cs ISLANDWALK HOMEOWNER'S ASSOCIATION 6005 Vanderbilt Beach Road Naples, Florida 34119 941/594-7400 * 941/594-7177 (fax) December 4, 2002 Daniel Schryver, Esquire Legal Counsel Collier County Sheriff' s Office Collier Government Center 3301 ~ Tamiami Trail Building J Naples, FL 34104 Re: Island Walk Homeowners' Association Traffic Enforcement Agreement Dear Mr. Schryver, Please find enclosed a letter from Robert W. Tipton, P.E., Traffic Operations Manager for Collier County reiterating that our traffic signs now meet the requirements of the M.U.T.C.D. and is in conformance with the laws and requirements of the State of Florida. With this being the case would you please have the Traffic Enforcement Agreement that our General Counsel, William Shannon has forwarded to your attention, signed and send copies for counter signature back to Mr. Shannon? Thanking you for your cooperation. Sincerely. Vice President MDR/sh Enclosure CC: WilliamE, Shannon Steve Anderson, Island Walk Town Manager Composite Page Exhibit C 1 COLLIER COUNTY GOVERNMENT TRANSPORTATION SERVICES DIVISION TRANSPORTATION OPERATIONS DEPARTMENT November 19, 2002 2705 S. HORSESHOE DRIVE NAPLES, FL 34104 (941) 774-8494 FAX (941) 659-5787 transportation@colliergov, net Mr. Michael D. Rosen, Vice President DiVosta and Company at Islandwalk 6005 Vanderbilt Beach Road Naples, FL 34119 RE: Traffic Signs and Markings Inspection Dear Mr. Rosen: At your request, our office performed a review of the traffic marking and signing in your development of Islandwalk this past summer. I relayed to you in my letter of June 24, 2002, the deficiencies in meeting the requirements of the Manual on Uniform Traffic Control Devices (M.U.T.C.D.), which governs the application of signing and pavement markings in the State of Florida. I have revisited your development.and found that you have successfully addressed each deficiency I noted earlier. This is to document that traffic and speed zone signing within your development now meets the requirements of the M.U.T.C.D. and is in conformance with the laws and requirements of the State of Florida. Should you have any questions, comments, or concerns on this or other issues please feel free to contact me by telephone at (941) 774 - 8494. Sincerely, Robert W. Tipton, P.E. Traffic Operations Manager cc: Edward I. Kant, P.E., Transportation Operations Director Danny Schryver, Esq., Legal Counsel, Collier County Sheriff's Office File: Isandwalk Sign Inspection Composite Exhibit C AGENDA NO. -4 ' FEB 1 1 2,39.3 pg. / EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS WAIVE THE PURCHASING POLICY, TO THE EXTENT THAT IS NECESSARY, AND RATIFY AND AUTHORIZE THE RETENTION OF THOMAS G. PELHAM, ESQ. AS A CONSULTANT OR EXPERT ON LAND USE PLANNING ISSUES IN AQUAPORT V. COLLIER COUNTY, CASE NO. 2:01-CV-341-FTM-29DNF, NOW PENDING IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA AND AUTHORIZE THE CHAIRMAN TO SIGN ANY NECESSARY RETENTION DOCUMENTS. OBJECTIVE: For the Board of County Commissioners to waive the Purchasing Policy, to the extent that is necessary, and ratify and authorize the retention of Thomas G. Pelham, Esq. as a consultant or expert on land use planning issues in Aquaport v. Collier County, Case No. 2:01- CV-341-FTM-29DNF, now pending in the United States District Court for the Middle District of Florida and authorize the Chairman to sign any necessary retention documents. CONSIDERATIONS: This lawsuit evolves from the Board's decision on May 22, 2001 to revoke the building permit and site plan approval for a 68 unit hotel to be located in the Vanderbilt Beach area. Mr. Pelham is currently employed by the law firm Fowler, White, Boggs, and Banker P.A. in Tallahassee. A copy of Mr. Pelham's resume is attached to this Executive Summary as Exhibit A. A waiver of the Purchasing Policy, to the extent that is necessary, is in the best interests of the County due to exigent circumstances created by federal court deadlines. FISCAL IMPACT: Mr. Pelham would be billing at $250.00 per hour, while any deposition and trial testimony time would be billed at $300.00 per hour. The fees for Mr. Pelham's services would be subject to payment from the County's Self-Insured Property & Casualty Fund. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: It is the recommendation of the Office of the County Attorney that the Board waive the Purchasing Policy, to the extent that is necessary, and ratify and authorize the retention of Thomas G. Pelham, Esq. to serve as a consultant or expert on land use planning issues in Aquaport v. Collier County, Case No. 2:01-CV-341-Fl~M-29DNF, now pending in the United States District Court for the Middle District of Florida and authorize the Chairman to sign any necessary retention documents. PREPARED BY: Michael W. Pettit Assistant County Attorney DATE: REVIEWED BY: David C. Weigel"' ~'~ County Attorney DATE: h:/Public./Litieatiom'Ogen Cases/aaualxnx/exec sum re retention of ~aelham for 021103 bcc mte.OI2803 FEB 1 1 2003 RESUME OF THOMAS G. PELHAM, AICP Attorney-at-Law Fowler White Boggs Banker, P.A. 301 N. Monroe Street, Suite 1090 Post Office Box 11240 Tallahassee, F! 32302 850/681-0411 Janum3', 2003 SUMMARY Thomas G. Pelham is a member of the Flor/da Bar and a certified planner with extensive experience in administrative, environmental, and land use law and planning. He has litigated and/or provided consulting services to both private and public sector clients regarding a ',vide range of land use and growth management matters, including zoning, development permits, comprehensive plan consistency cases, comprehensive plans and amendments, school and transportation concurrency, developments of regional impact, building moratoria, vested rights, and takings claims. Substantial experience in ass/sting major projects through the development review and approval process. Also, he has testified as an expert in comprehensive planning, land use planning and growth management in judic/al and administrative proceedings. Recipient of Martindale-Hubbell Law Directory's highest rating of "AV"; Inclusion in Best Lawyers in America by selection of peers for 10 consecutive years. In addition to his experience as a practicing lawyer and planning consultant, IVh'. Pelham has served as the director of the Florida Department of Community Affaks, the state land planning agency, and on three occasions, as a member of local planning commissions. He also has taught law school courses in land use planning and regulation and growth management for many years, is a frequent lecturer at a variety of educational programs, and is the author of many publications on land use planning and growth management topics. CURRENT EM PLOYMENT Fowler White Boggs Banker, P.A. Attorneys at Law P. O. Box 11240 101 N. Monroe Street, Suite 1090 Tallahassee, FL 32302 EDUCATION 1965 FLORIDA STATE UNIVERSITY, Tallahassee, Florida. B.A. degree in Government (with honors), April, 1965 1967 DUKE UNIVERSITY, Durham, North Carolina. M.A. de~ree in , Political Science, June, 1967. EXHIBIT / ii~:..~_~;~.~. / FEBll 20 1971 1977 FLORIDA STATE UNIVERSITY, Tallahassee, Florida. J. D. degree (with high honors), August, 1971. HARVARD LAW SCHOOL, Cambridge, Massachusetts. LL.M. degree, June 1977. Program of study emphasized Land Use Planning Law, Local Govemmem Law, and Property Law. PRIOR EMPLOYMENT HISTORY LAV~~ PRACTICE A member of the Florida Bar since 1971, Mr. Pelham has over twenty years of private law practice experience in land use, em,/ronmental, governmental and administrative law. Representation of private and public sector clients, including state and regional agencies, local governments, environmental and citizen groups, and private developers. Extensive civil litigation experience before administrative law judges and in trial and appellate courts. He has been a partner in the law firms of Carlton Fields and Holland & Knight. GOVERNMENT SERVICE February 2, 1987- Janua~T 31, 1991 SECRETARY, FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, Tallahassee, Florida. The Department of Community Affairs is responsible for administering and implementing, in conjunction with local governments, a wide variety of programs in the areas of environmental and land use planning, housing and community development, and emergency management. As the state's land planning agency, the Department supervises and enforces implementation of Florida's major growth management programs, including the development of regional impact process, the areas of critical state concern program, and the local comprehensive planning process. As Secretary, Mr. Pelham played a key role in the initial implementation of Florida's 1985 Growth Management Act. 1982-85 Member, Capital Center Planning Commission 1985-87; 1999-01 Member, Tallahassee-Leon County Planning Cornrnission 2 AGENDA iTEM FEB ! I 2003 Pg. __ LAW TEACHING August 1977- May 31, 1980 ASSOCIATE PROFESSOR OF LAW, SOUTHERN METHODIST UNIVERSITY SCHOOL OF LAW, Dallas, Texas. Courses Taught: Land Use Planning; Local Government Laxv; Property; and Real Estate Transactions. 1981-84; 1992-98 ADJUNCT PROFESSOR OF LAW, FLORIDA STATE UNIVERSITY COLLEGE OF LAW, Tallahassee, Florida. Courses Taught: Land Use Planning and Regulation; Growth Management; Florida Administrative Procedure. BAR ACTIVITIES FLORIDA BAR CITY, COUNTY, AND GOVERNMENT LAW SECTION: Current Chair and Member of Executive Council. LOCAL FLORIDA BAR, ENVIRONMENTAL AND LAND USE SECTION: 1 O-years of service culminating in term as Section Chair, 1990-1991. AMERICAN BAR ASSOCIATION, STATE AND LOCAL GOVERNMENT LAW SECTION: Former Member of Executive Council and Former Chair of Section Committee on Land Use, Planning, and Zoning. OTHER PROFESSIONAL AFFILIATIONS AMERICAN PLANNING ASSOCIATION, NATIONAL (APA) AND FLORIDA CHAPTER (FAPA): FAPA Offices Held: President, 1996-1998; Immediate Past President, 1998-2002; and Member &Executive Board: 1992- 2002. AMERICAN INSTITUTE OF CERTIFIED PLANNERS Florida Academy of Certified Mediators. PUBLICATIONS BOOKS T. Pelham, STATE LAND USE PLANNING AND REGULATION: FLORIDA, THE MODEL CODE AND BEYOND (D.C. Heath & Co., 1979). ARTICLES Pelham, Regulating Developments of Regional Impact: Florida and the Model Code, 29 U.FIa. L.Rcv. 789 (1977). Pelham, Regulating Areas of Critical State Concern: Florida and the Model Cod.e.., 18 Urban Law Annual 3 (1980). Pelham, Hyde and Banks, Managing Florida's Growth: Toward an Inte~ated State, Regional and Local Comprehensive Planning Process, 13 Fla. S.L.Rev. 515 (1985). Pelham, Adequate Public Facilities Requirements: Reflections On Florida's Concurrency System For Managing Growth, 19 Fla. S. L. Rev. 973 (1992). Pelham, Quasi-Judicial Rezonings: A Commentary on the Snyder Decision and the Consistency Requirement, 9 J. land Use & Env't. Law 243 (1994). Pelham, Restructurin~ Florida's Growth Management System: Alternative Approaches to Plan Implementation and Concmxency, 12 Univ. of Fla. J. of Law & Public Policy 299, 303-06 (2001) Pelham, From the Ramapo Plan to Florida's Statewide Concurrency System: Golden's Influence on Infrastructure Planning, The Urban Lawyer , (To be published in 2003). FLORIDA BAR PUBLICATIONS Pelham, The Regional General Welfare: Florida's Need for a Landmark Judicial Decision, Florida Bar Journal, (April,' 1981). FEB 1 1 Pg' Pelham, DKI Agreements: A New Technique for Implementing Chapter 380, Florida Bar Journal, (January, 1982). Pelham, The DRI Process and Local Zoning Revisited, VI Environmental and Land Use Law Section Reporter 3 (Florida Bar) (February, 1983). Pelham, Chapter 380'$ Closed Shop: The Limited Standing Rule, VII Environmental and Land Use Law Section Reporter 2 (Florida Bar) (January, 1984). Pelham and Murley, State and Regional Comprehensive Planning, in FLORIDA ENVIRONMENTAL AND LAND USE LAW, Vol. II (Fla. Bm' 1987, 1989 Supp.). Rhodes, Keesey, and Pelham, The Environmental Land and Water Management Act of 1972: Developments of Regional Impact and Areas of Critical State Concern, in FLORIDA ENVIRONMENTAL AND LAND USE LAW, Vol. II (Fla. Bar 1987 and subsequent editions). Pelham, Rule Adoption and Review, in FLORIDA ADMINISTRATIVE PRACTICE (3rd ed.) (Fla. Bar, 1993). AMERICAN BAR ASSOCIATION PUBLICATIONS Pelham, The Florida Experience: Creating a State. Regional and Local Planning Process, in STATE AND REGIONAL COMPREHENSIVE PLANNING (American Bar Association, 1993). Pelham, Evaluating the Prospective Case After Decision, Chapter 4 in HOW TO TRY A LAND USE CASE (ABA Section on State and Local Government Law, publication in August, 2000). OTHER Pelham, In Support of a Bad Faith Exception to the Interim Damages Rule in Land Use Cases, 33 Land Use Law and Zoning Digest 5 (July, 1981). FEB 1 I 2,.73 Pelham, Litigating Under DCA's Minimum Criteria Rule: "Easy In. Difficult To Win," in PERSPECTIVES ON FLORIDA'S GROWTH MANAGEMENT ACT OF 1985, (Lincoln Institute of Land Policy, 1986). Pelham, Shaping Florida's Future: Toward More Compact, Efficient. and Livable Development Patterns, 7 J. Land Use and Env't Law 321 (Spring, 1992). LITIGATION Mr. Pelham has had extensive experience in litigating land use cases as indicated by the following list of reported cases in which he has appeared as counsel of record or counsel for amicus curiae: 1. Banyan Lakes Home Owners Ass'n. Inc. v. School Dist. of Palm Beach County, Florida, 823 So.2d 247 (Fla. 4th DCA 2002). 2. Pinecrest Lakes, Inc. v. Shide!, 795 So.2d 191 (Fla. 4th DCA. 2001). 3. Minnau~h v. County Com'n of Broward County, 783 So.2d 1054, (Fla.. 2001). 4. Citrus County v. Florida Rock Industries. Inc., 726 So.2d 383 (Fla. 5th DCA 1999). 5. Toxxm of Jupiter v. Alexander, 747 So.2d 395 (Fla.. 4th DCA Sept. 16, 1998). 6. City of Miami Beach v. Robbins, 702 So.2d 1329 (Fla. 3rd DCA 1997). 7. Advisory Opinion to the Attorney General re People's Property Rights Amendments Providing Compensation for Restricting Real Property Use may Cover Multiple Subiects, 699 So.2d 1304 (Fla. 1997). 8. Martin County v. Yusem, 690 So.2d 1288 (Fla. 1997). 9. Villaq of Lake Jackson, Ltd. v. Leon Coun _t?/, 121 F.3d 610 (1 lth Cir. 1997). 10. City Environmental Services Iandfill, Inc. of Florida v. Holmes County, 677 So.2d 1327, (Fla. 1st DCA1996). 11. City of New Smyrna Beach v. Andover Development Corp., 672 So.2d 618 (Fla. 5th DCA 1996). 12. Tampa Elec. Co. v. Florida Dept. of Community Affairs, 654 So.2d 998(Fla. 1st DCA 1995). 13. Equity Resources. Inc. v. County of Leon, 643 So.2d 1112, (Fla. 1st DCA 1994). 14. Board of County Com'rs of Brevard County v. Snyder, 627 So.2d 469 (Fla. 1993). 15. Leon County_ v. Mitchell, 611 So.2d 104 (Fla. 1st DCA 1992). 16. Watson v. City of St. Petersburg, 489 So.2d 138 (Fla. 2d DCA 1986). 17. May v. Lee County, 483 So.2d 481 (Fla. 2d DCA 1986). 18. Upper Keys Citizens Ass'n. Inc. v. Monroe County,'467 So.2d 1018 (Fla. 3d DCA 1985). 19. Friends of Everglades. Inc. v. Board of County Com'rs of Monroe County, 456 So.2d 904 (Fla. 1st DCA 1984). 20. Residential Communities of America~ Inc. v. State~ Dept. of Environmental Regulation, 448 So.2d 1155 (Fla. 1st DCA 1984). 21. TransgulfPipeline Co./Dept. of Community Affairs v. Board of County Com'rs of Gadsden County, 438 So.2d 876 (Fla. 1st DCA I983). 22. Franklin County v. Leisure Properties, Ltd., 430 So.2d 475 (Fla. 1st DCA1983). 23. Hopwood v. State Dept. of Environmental Regulation, 402 So.2d 1296 (Fla. 1 st DCA 1981). 24. Graham v. Estuary_ Properties, Inc., 399 So.2d 1374 (Fla. 1981). 25. Berkley v. State. Dept. of Environmental Regulation, 358 So.2d 552 (Fla. 1st DCA1977). 26. Contractors and Builders Ass'n of Pineilas County v. City of Dunedin, 329 So.2d 314 (Fla. 1976). EXPERT WITNESS TESTIMONY DURING PRECEDING FOUR YEARS Edgewater Beach Owners Association, In~ v. Walton County, et al, Case No. 96-0181 -CA, Walton County Circuit Court (1999) (testified as an expert in land use planning and the Florida development of regional impact process). Yardarm Restaurant, Inc., et al v. City of Pompano Beach., Broward County Circuit Court, Case No. 87-19652 (23), (2000)(testified as an expert in land use planning law). Schember v. DCA attd CiO' of Bradenton, DOAH Case No. 00-2066-GM, Florida Division of Administrative Hearings (2001) (testified as an expert in land use planning and growth management). Eller Media Company v. City of Port St. Lucie, Case No. 00-14118-CI~-Moore; United States District Court, Southern District of Florida (2001)(testified as an expert witness in land use planning and Florida land use law). Quasi- Judicial Hearing on development order application of Gateway, Inc. before the Destin, Florida City Council in January, 2001, (testified as expert in land use planning and growth management). Quasi-Judicial Hearing on development order application of WCI Communities, Inc. before the Parkland, Florida City Council on May 18, 2001(testified as expert in land use planning and growth management). Melzer and Martin County Conservation Alliance, Ina v. Martin CounO, and Department of Comm unity Affair, et al; Case No. 02-1014GM; Brumfield & 1000 Friends v. Martin County and Department of CommuniO'Affairs; et al, Case No. 02-1015 GM. (2002) (testified as an expert in land use planning and growth management). Gilchrist Timber Company, et al v. ITT Rayonier, Inc., Case No. GCA-88-10172-MKMP; United States District Court, Northern District of Florida, Gainesville Division (2002) (testified as an expert witness in land use planning). 8 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS WAIVE THE PURCHASING POLICY TO THE EXTENT IT MAY BE NECESSARY AND AUTHORIZE THE COUNTY ATTORNEY TO HIRE THE FIRM OF CARLTON, FIELDS PURSUANT TO THE COUNTY'S CONTINUING CONTRACT WITH THAT FIRM AND SPECIFICALLY ATTORNEYS MARTI CHUMBLER AND DONALD HEMKE TO DEFEND THE COUNTY 1N AN ALLEGED CLASS ACTION LAWSUIT FOR INVERSE CONDEMNATION AND INVALIDATION OF MORATORIUM THAT IS STYLED CENTURY DEVELOPMENT OF COLLIER COUNTY, INC., ET AL. V. JEB BUSH, ET AL., CASE NO. 03-117-CA-HDH, NOW PENDING IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, AND APPROVE FUNDING AND BUDGET AMENDMENT. OBJECTIVE: For the Board to waive the purchasing policy to the extent it may be necessary and authorize the County Attorney to hire the firm of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A. ("Carlton Fields") pursuant to the County's continuing contract with that firm and specifically attorneys Marti Chumbler and Donald Hemke to defend the County in an alleged class action lawsuit for inverse condemnation and invalidation of moratorium that is styled Century Development of Collier County, Inc., et al. v. Jeb Bush, et al., Case No. 03-117- CA-HDH, now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, and approve a funding and budget amendment. CONSIDERATIONS: On or about January 10, 2003, Collier County was named as a defendant in an alleged class action lawsuit for inverse condemnation and invalidation of moratorium relating to Florida Administration Commission's Order No. AC-99-002 and Collier County Ordinance No. 99-82 on due process grounds. Attorneys Marti Chumbler and Don Hemke of the Carlton Fields law firm have substantial experience in land use claims of the type at issue here and the Carlton Fields law firm has a long standing relationship with the County under its continuing retention agreement through the Office of the County Attorney. Based upon the allegations and claims, at least at this early juncture in the proceedings, it would appear that the interests of the County may be represented by these attorneys. Further, Ms. Chumbler has represented the County throughout various administrative challenges to the County's Growth Management Plan that involve the same or related parties and issues that appear to overlap with those raised by this lawsuit. FISCAL IMPACT: Should the Board authorize the retention of attorneys Marti Chumbler and Don Hemke to represent the County's interests in the referenced lawsuit. Ms. Chumbler and Mr. Hemke shall charge $240.00 an hour for their services. At this juncture, it is not possible to determine the likely total expenses that will be incurred in defending against this lawsuit. Expenses for Ms. Chumbler and Mr. Hemke would also include appropriate reimbursable expenses including travel and per diem expenses in accordance with Section 112.061, Fla. Stat. Estimated fiscal impact is $50,000 at this time to proceed. Funds are available in Fund 111. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary, although the Growth Management Plan is an integral part of the lawsuit. RECOMMENDATION: That the Board waive the purchasing policy and authorize the retention of Carlton, Fields and attorneys Marti Chumbler and Don Hemke to defend the County in the lawsuit styled Centu~. Development of Collier County, Inc. et al., v. Jeb Bush, et al., Case No. 03-117-CA-HDH, now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, and approve funding and budget amendment in the amount of $50,000 from Fund 111. Submitted by: ~' ~'' t!<'b/ Michael W. Pettit [ ~o~mmunity Develop~qlent Services David C. Weigel County Attorney Date: ~//~.,~ AGENDA ITEM FEB 1 1 2003 Pg. [ 16L CONTINUING RETENTION AGREEMENT This Continuing Retention Agreement is made between the Board of County Commissioners of Collier COunty, Florida (the "County"), and the law firm of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A.. of Tampa, Florida ("Carlton, Fields"). Whereas, Carlton, Fields has special expertise and resources in a wide range of legal matters, with particular expertise in construction law, litigation, appellate matters, utilities, land use, property rights, the County's Growth Management Plan and related administrative, executive, and judicial hearings, appeals, negotiations, and County committee work related thereto; and Whereas, the County from time to time has a requirement and need for legal services which are particularly within the expertise of Carlton, Fields; Now. Therefore, it is agreed as follows: Carlton, Fields agrees to render legal services to the County for work that ma5, be assigned to Carlton, Fields from time to time through the County Attorney's Office. For all previously assigned, continuing and subsequently assigned work performed by Carlton, Fields, the County agrees to pay Carlton, Fields for services rendered, with fees based on the normal hourly rates Carlton, Fields customarily charges to its similar clients for similar services. At present, such rates are as follows for the indicated Carlton, Fields partners currently providing the principal legal services to the County in certain matters: Michael F. Nuechterlein (construction law) Martha Chumbler Nancy G. Linnan Dom Hemk¢ $265.00 per hour $240.00 per hour $250.00 per hour $240.00 per hour Page 1 of 4 5 AGEI,~,DA iTEM,, FEB 1 1 2003 16L Ruth B. Kinsolving $300.00 per hour Further, the County agrees to pay a rate up to but not exceeding $220 per hour for services provided by principals (partners, shareholders) within the firm and a rate up to but not exceeding $190 per hour for servicea provided by associates within the firm. Lesser hourly rates are applicable for legal services to the County rendered by Carlton, Fields law clerks and legal assistants. Invoices to the County for legal services rendered shall be itemized and shall set forth the attorney or paralegal, subject of the charge, the time applicable to the charge and the rate per hour. Community Development and Environmental Services Division, shall pay for ali legal counsel services and all assistance requested relating to land use, property rights, the County's Growth Management Plan and related administrative, executive, and judicial hearings, appeals, negotiations, and County committee work related thereto. Other divisions or departments within such divisions shall be responsible and pay for legal counsel services relating to litigation and outside counsel specifically for cases, matters or issues relating to such division or department, as determined by the County Attorney in coordination with the County Manager. The County agrees to reimburse Carlton, Fields for all out-of-pocket expenses/production costs directly related to assigned work, including the retention and utilization of sub-consultants. The use ora multiplier for these expenses/production costs will not be allowed. Typical reimburseable expenses include travel, lodging, meals and travel expenses when traveling on the County's behalf, identifiable communication costs, identifiable reproductions costs, and special computer expenses not applicable to general overhead. The County w!!l reimburse per diem and travel expenses in accordance with Section ! 12.061, Florida Statutes, entitled Per Diem and Travel Expenses of Public Officers, Employees and Authorized Persons, as amended. This Page 2 of 4 5 AG~I ,,_~/.- lv FEB 1 I 2093 16L requirement currently includes, but is not limited to, expenses such as automobile travel expenses reimbursement at $.29 per mile and meal expenses reimbursements at the following rates: Breakfast - S 3.00 Lunch -$6.00 Dinner - $12.00 Carlton, Fields shall have professional liability insurance. Coverage shall have minimum limits of $3,000,000 Per Occurrence, Combined Single Limits. If any liability insurance obtained by Carlton, Fields to comply with the insurance r~equirements contained herein is issued on a "claims made" form as opposed to an "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the assigned work to which this Agreement applies, and such insurance shall provide, in the event of cancellation or non-renewal, that the discovery period for insurance claims (tail coverage) shall not be less than three years following the completion of thc assigned work and acceplance by the County. This agreement may be executed in multiple counterparts. In Witness Whereof, the County and Carlton, Fields have caused this Continuing Retention Agreement to be executed on the date stated below. .I~AT.~.: d~le~,~ BOARD OF COUNTY COMMISSIONERS " OF COLLIER COUNTY, FLORIDA :,: P~I;TEST;., '. ',: "-. '-'},. :-";. .'.$'7 '~ -~ /. By: Approved as to form and legal sufficiency David C. Weigel County Attorney Page 3 of 4 5 AGENDA iTEM FEB 1 1 2003 16L 5 DATE: September 16, 2002 CARLTON, FIELDS, WARD, EMMANUEL, SMITH & CUTLER, P.A. Michael F. Nuechterlein Its: Shareholder STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was ac -knowledged before me this 16th day of September, 2002, by Michael F. Nuechterlein as Shareholder of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., a Florida Professional Association, on behalf of the professional association. He/she is personally known to me. Signatur~ e f_ .x~_"-T~ &u'' -- - .... ~"' C,'~JMIg~ION # ~ 003191 ~ o[ Not~ Public t~ed, printed or My Commission Expires: Page 4 of 4 AG;:-NDi~ iTeM FEB 11 EXECUTIVE SUMMARY CU-2002-AR-2836 CRAIG SMITH, OWNER AND OPERATOR OF NAPLES PROGRESSIVE GYMNASTICS AN EXISTING FACILITY, IS SEEKING APPROVAL FOR CONDITIONAL USES "19" AND "20" OF THE AGRICULTURAL "A" ZONING DISTRICT FOR SPORTS INSTRUCTIONAL SCHOOLS AND CAMPS AND SPORTING AND RECREATIONAL CAMPS PROPERTY LOCATED AT 3275 PINE RIDGE ROAD IN SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA OBJECTIVE: Staff is requesting that the Board review staff's findings and recommendations along xvith the recommendations of the CCPC regarding the above referenced conditional use petition and render a decision regarding the petition. CONSIDERATIONS: The Naples Progressive Gymnastics Site is developed with a variety of structures related to the operation of the gynmastic camp. Existing structures include a gymnasium, an outdoor pool, an owner's residence, and four camper cabins. An approved coaches cabin is yet to be constructed. The property is zoned "A" Agricultural with conditional uses "19" and "20", sports instructional schools and camps and sporting and recreational camps, established by Resolution 94-687. The petitioner wishes to expand these uses by adding: a 9,000 sq. ft. addition to the existing 18,036 sq. ft. gynmasium, an 800 sq. ft. bath house on the north side of the existing pool and an enclosure around the existing pool. The existing points of ingress and egress to the Naples Progressive Gymnastics property will remain unchanged. Access is provided by a right-in/right-out connection to the westbound lanes of Pine Ridge Road. The midpoint of the entrance is approximately 1,100 feet west of the center of the intersection of Pine Ridge and Livingston Road. The Planning Commission has placed a stipulation upon the resolution for the applicant to make every effort to establish an inte~ated shared access with the Community School access drive that sits adjacent to the facility's western boundary. This shared access would allow for east/west ingress and egress to the facility. Naples Progressive Gymnastics has been in existence at this site since 1989. The proposed addition to the facility will not produce significant additional noise, glare or odor impacts to the neighboring properties, beyond the their current levels. The facility and the Community School, which boards the facility to the north, predate all subsequent development in the area and have anchored the development patterns for the area. Naples Progressive Gymnastics, the Community School to the north and west and Etudes de Ballet to the east have established a climate of instructional facilities for the general area. FEB 11 2003 FISCAL IMPACT: Approval of this Conditional Use by and of itself will have no fiscal impact on Collier County. However, if this request meets its objective, a portion of the existing land will be further developed. The mere fact that new development has been approved will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. The following impact fees may be applicable to this project: · Road Impact Fee: $ 728.00 · Correctional Facility Fee: $ 1,439.00 · EMS Impact Fee: $ 11.00 · Water/Sewer Fee: $ 5,530.00 The total amount of impact fees for a 9,000 square foot gymnasium expansion is $10,408.00. Because impact fee requirements may be amended and the above-referenced figures are based upon the maximum allowable square footage included as a condition of the proposed action, the total impact fees quoted above are at best raw estimates. Other fees xvill be charged to the developer as this project moves toward building completion, such as building permit review fees. Building permit fees have traditionally offset the cost of administering the Community Development review process. GROVCTH MANAGEMENT IMPACT: Approval of this conditional use will not affect or change the requirements of the Growth Management Plan. ENVIRONMENTAL ISSUES: The areas of expansion are contained within upland disturbed lands. The proposed expansion, based upon this fact, has been determined by staff to raise no environmental issues or concerns. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or waiver of Historic and Archaeological Survey & Assessment is required. CU-02-AR-2836 Pa! AGENOA ITEM FEB 11 2003 ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC did not review this petition because the proposed expansion is contained within disturbed uplands. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This petition was heard at the January 16, 2003 CCPC meeting. Mr. Strain motioned to forward petition CU-2003-AR-2836 with a recommendation of Approval with conditions, as recommended by staff, but also included a stipulation that the applicant was to make every attempt to establish shared interconnection with the Community School access drive to the west of the facility, as reflected in the second condition listed in the proceeding section. Mr. Budd seconded the motion u~ ,notion passed mxanimously. PLANNING SERVICES STAFF RECOMMENDATION: Staff has recommended conditions to be attached to any approval for this petition. The conditions are listed below: The Planning Services Department Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plans, of the Collier County Land Development Code, Ordinance Number 91-102. To improve the east/xvest ingress and egress from the subject facility, the applicant shall make every attempt to establish an integrated shared access or vehicular interconnection xvith the Community School access drive from Pine Ridge Road to the extension of Livingston Road. As of the date this executive summary, was prepared, there had been no input either in support of, or in opposition to, this petition. CU-02-AR-2836 FEB 11 2003 3 of 4 3 PREPARED BY: MIKE BOSI PRINC~AL PLANNER REVIEWED BY: DATE L DATE DATE APPROVED BY: JosEP~ K. SCHMI~T' "' - / D~TE / 77~IUNIZx~utive Sud~D/cEuV_ff0~20.SRM_2E876T & ENVIRONMENTAL SERVICES ADMINISTRATOR CU-02-AR-2836 FEB 11 2003 STAFF REPORT CHECKLIST PLANNER: PETITION: PROJECT MEETING DATE: Mike Bosi CU-02-AR-2836 January 16th, 2002 CCPC [] [] [] [] [] N/A N/~ N/A Staff Report Location Map Application Ordinance/Resolution Findings of Fact GMP Consistency Review Checklist Rezone Findings PUD Document PREPARED BY: Mike Bosi, Principal Planner ~1"/ FEB 11 2003 AGENDA ITEM 8-B MEMORANDUM TO: FROM: DATE: SUBJECT: COLLIER COUNTY PLANNING COMMISSION PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION JANUARY 16, 2002 PETITION NUMBER: CU-02-AR-2836, NAPLES PROGRESSIVE GYMNASTICS INC. AGENT/APPLICANT: AGENT: APPLICANT: Craig S. Smith. 3275 Pine Ridge Road Naples, FL 34109 Craig and Carole Smith 3275 Pine Ridge Road Naples, FL 34109 REQUESTED ACTION' Craig Smith, owner and operator of Naples Progressive Gymnastics, is seeking approval for the expansion of currently approved Conditional Uses "19" and "20" of the Agricultural "A" zoning district for sports instructional schools and camps and sporting and recreational camps. GEOGRAPHIC LOCATION The subject property is located on the north side of Pine Ridge Road approximately % mile east of Airport Pulling Road, immediately south of the Community School, and further described as 3275 Pine Ridge Road in Section 12, Township 49 south, Range 25 East consisting of 5.88+ acres (Exhibit "A"). PURPOSE/DESCRIPTION OF PROJECT. Naples Progressive Gymnastics is an existing facility for which Conditional Uses" and "20" have already been approved. Because the existing conditional uses did provide for the proposed expansion, a new conditional use is required. The petitio FEB 11 ~t '~er ~. (39 wishes to expand these uses by adding: a 9,000 sq. ft. addition to the existing 18,036 sq. ft. gymnasium, an 800 sq. ft. bath house on the north side of the existing pool and an enclosure around the existing pool. A preliminary site plan is provided within Exhibit "B". The expansion is needed to increase the activity areas within the Camp to accommodate the growing number of participants utilizing the gymnastics camp. Progressive Gymnastics Proposed Site Plan CU-02-AR-2856-MB 2 FEB I1 2003 SURROUNDING LAND USE & ZONING: Subject Site: The Naples Progressive Gymnastics site is developed with a variety of structures related to the operation of the gymnastic camp. Existing structures include a gymnasium, an outdoor pool, an owner's residence, and four camper cabins. An approved coaches cabin is yet to be constructed. The property is zoned "A" Agricultural with conditional uses "19" and "20", sports instructional schools and camps and sporting and recreational camps, established by Resolution 94-687. Surroundin.q Land Uses: North - East - South - West - "A" ~rt ..... "A/R'r".. _ . ,A,~,~,...... an ---,.-,,,,,u~'";"*; .... o,-,,,-,,-,,~'~-' (The Corr,~luniiy $chooi) "A" undeveloped agriculture tract, adjacent to a dance instructional school "PUD" - The Related Group Residential PUD (St. Albans Apartments) "A" with the Community School Road easement, and further to the west, "PUD" the Cypress Glen Residential PUD CU-02-AR-2836-MB FEB 11 2003 GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban Mixed-Use District, Urban Residential Sub district) and is located within an Activity Center Residential Density Band. Relevant to this petition, the Residential designation permits non-residential uses such as private or public schools, churches, recreational and public facilities including, sports instructional school camps and sporting and recreational camps. The Urban designation is described in the FLUE as follows: Urban Designated Areas on the Future Land Use Map include two general portions of Collier County: areas with the greatest residential densities, and ~r~.;a.~ in r'loe~ nr~v/m;~' ..... ~';'"~' ~' .... pi~jeclud io .............. ~' ........ '.r, '~'"~'~ ~av~ Or~i'e receive future urban support facilities. It is intended that Urban Designated Areas accommodate the majority of the population growth and that new intensive land uses be located within them. Therefore, an assessment of the proposed land uses indicates that the project is consistent with the Future Land Use Element of the Collier County Growth Management Plan and Land Development Regulations. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, a Historical/Archaeological Survey and Assessment or waiver is not required. However, pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. TRANSPORTATION~ INFRASTRUCTURE & ENVIRONMENTAL EVALUATION' This petition was referred to all appropriate County agencies for their review. They have recommended approval of the petition and will be afforded the opportunity to ensure all aspects of the conditional use proposal is consistent with the code based upon the subsequent requirements of the site plan approval process. The original Environmental Impact Statement (ELS) was prepared by Robert H. Gore, Ph.D., on May 11,1992. Environmental staff has reviewed the proposed expansion and has determined that a revised ElS was unwarranted due to the expansion being contained to upland areas already significantly impacted by the facilities with little Q, po impact upon native vegetation. The applicant submitted a Traffic Impact Statement, generated by Wilson Miller, a of their conditional use application. There were no concerns raised by the Transportation staff over the expansion of the facilities, citing that the "projects tra CU-02-AR-2836-MB 4 P~'~B 11 2003 impact is de minimis and thus does not have a significant impact on the level of service of the adjacent roadway". Based upon the Transportation Element of the Growth Management Plan, the adopted level of service on the Pine Ridge Road segment between Airport Pulling Road and Interstate 75 is Level "E". This portion of Pine Ridge Road is designated to accommodate high volumes of traffic due to its proximity to the interstate. The additional 9,000 sq. ft. will generate an estimated 206 additional two- way trips, with 16 occurring in the PM peak hour. The trip generation report was based up the ITE Trip Generation Report, ~h Ed. The 206 vehicles per day (16 in the PM peak hour), represents less than one half of one percent of the road segment's adopted service volume, and is therefore less than the five percent established in the Growth Management Plan as a measure of significance. STAFF ANALYSIS: B-~fo~-e any Conditional Use shall be recommended to the Board of Zoning Appeals, the Planning Commission shall make a finding that the granting of the Conditional Use will not adversely affect the public interest and that the specific requirements governing the individual Conditional Use, if any, have been met by the Petitioner and that satisfactory provision and arrangement have been made concerning the following matters, where applicable: 1. Consistency with the Land Development Code and the Growth Management Plan. The subject property is designated Urban and is located within an Activity Center Residential Density Band. Relevant to this petition, the Residential designation permits non-residential uses such as private or public schools, churches, recreational 9nd public facilities including, sports instructional school camps and sporting and recreational camps. Based upon the above analysis, staff concludes the proposed uses for the subject site can be deemed consistent with the Future Land Use Element. A final determination of consistency with the development standards of the LDC will be determined at the time of Site Development Plan review. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. CU-02-AR-2836-MB The existing points of ingress and egress to the Naples Progressive Gymnastics property will remain unchanged. Access is provided by a right-in/right-out connection to the westbound lanes of Pine Ridge Road. The midpoint of entrance is approximately 1,100 feet west of the center of the intersection of Pine Ridge and Livingston Road. The dght turn deceleration/storage lane is approximately 275 feet long. The site has been developed through the site development plan process to meet the established standards for pedestrian and automotive traffic flow ar ~rJ~ArrEM emergency access. I~ )~ ~('~' FEB 11 2003 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. Naples Progressive Gymnastics has been in existence at this site since 1989. The ' proposed addition to the facility will not produce significant additional noise, glare or odor impacts to the neighboring properties, beyond the their current levels. The subject property is adjacent to: undeveloped agricultural land to the west, the Community School to the North, the access road for the Community School to the west and a designated preserve area within the residential Related Group PUD to the south, with Pine Ridge Road separating these two uses. Given adjacent land use relationships, the activities proposed by this expansion should have no effect on neighboring properties in relation to noise, glare or odor effects. It would not appear that the expansion would have any negative economic impact on adjacent property. 4. Compatibility with adjacent properties and other property in the district. As noted, Naples Progressive Gymnastics has been in existence at this site since 1989. The facility and the Community School predate all subsequent development in the area and have anchored the development patterns for the area. Naples Progressive Gymnastics, the Community School to the north and west and Etudes de Ballet to the east have established a climate of instructional facilities for the general area. Staff is of the opinion that an expansion of the existing facility will not produce a condition of incompatibility with adjacent properties, but rather will be harmonious with and continue the existing pattern of development for the area. EAC RECOMMENDATION: Since the site was previously developed, an Environme,'~tal Impact Statement was not required. Because an ElS was not required, the Environmental Advisory Council did not hear the petition. PLANNING SERVICES STAFF RECOMMENDATION: Staff has analyzed the conditional use request, and has determined that there are conditions and circumstances that warrant approval of this petition. Staff offers that approval is the appropriate action, if the conditions recommended by staff are incorporated into the approval. Therefore, Planning Services staff recommends that the CCPC forward Petition CU-2002-AR-2836 to the BCC with a recommendation of APPROVAL WITH CONDITIONS. Staff is recommending approval of the variance with the following conditions: conditional use. Expansion of the uses identified and approved within ti- conditional use application, or major changes to the site plan submitted of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in ef The Planning Services Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the $ - 6 CU-02-AR-2836-MB ~ct~£B 11 2003 the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land development Code, Ordinance (91-102). PREPARED BY: MIKE BOSI PRINCIPAL PLANNER DATE REVIEWED BY: MARGARE, 'Ir WUERSTLE, AICP DIRECTOr, PLANNING SERVICES DEPARTMENT I%-"L3 ' o7..- DATE DATE APPROVED BY: DATE' Collier County Planning Commission: KENNETH L. 'ABERNATHY, C-~ IRMAN DATE Staff report for the January 16, 2003 Collier County Planning Commission Meeting scheduled for the February 11, Board of County Commissioners Meeting. Attachments: A. B. Site Location Map Preliminary Site Plan CU-O2-AR-2836-MB '~ntativelv · AGENOA FEB 11 2003 L Exhibit "A" FEB I1 2003 Exhibit "B" / / o FEB~ )z..fl 1 200t ~ APPLICATION FOR PUBLIC HEARING FOR: CONDIITONAL USE 'etition No.: ~ornmission District: CU-2002-AR-2836 Date Petition Received: _ PROJECT #19992751 DATE: 7/17/02 I~lanncr Assigncd: ~ FRED REISCFtL ABO%'!'; TO BE COMPLETED Bas' STAFF General Information, Name of Applicant(s) Applicant's Mailing Address City Af'ar'f~('~2 ~ Zip '~ c//C, ~ Applicant's Telephone # Name of Agent Agent's Mailing Address city Agent's Telephone #(~o2 Agent's E-Mail Address: State ~/' Zip '~ e//o y COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-696'8 'tlP~I[CATION FOR PUBLIC IIEARING FOR CONDITIONAl. USE -- 02/2000 FEB 11 2003 L_ Does property owner own contiguous property to thc subject property? If so, give complctc legal description of entire contiguous property. (If space is inadequate, attach on separate page). /'''z'' ,o,,,m,: Lot: [ Block: Plat Book ~C( Page fl: Metes & Bounds Description: Subdivision: Type of Conditional Use: This application is requesting conditional usc # J?'ff'2'O or the DI- district for (wvno~:usn) ~por-7'~ ~s~c~ $,~o. 1 vC~~ Present Use of the Property: ~~. ~ ~~ APPLICATION FOIl PIIlII.IC IlI.;^RIN{-; FOIl CONDITIONAl. IiSI - 02/_.200___~0 , ¢-< 'r' q"-o tJ %.e_.. q Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staWs recommendation to thc Ph-mning Commission and thc Planning Commission's reco_m_m_.endation to thc Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as nmy be necessary). a. Describe how thc project is consistent with thc Collier County Land Development Code and Growth Management Plan (include inforn~ation on how thc request is (~r~eiqt~n[ . with the aj2plicablc section or portions of thc future lard ~..~0.~~ FEB 1 Describe the existing or planncd mcans of ingress and egress to thc prol)crty and proposed structure thereon with particular rcfcrencc to automotive and pcdcstria safety ~d conveniqncc, !raffle tlow and control, and access in case of fire or catastrophe: ~x/5~ ~ /~rc~ * c~r~ ~~ Describe the effect thc conditional usc xvill havc on ncighborit~g propcrlics in rclation to noise, glare, economic impact and odor: 10. d. Describe the site's and the proposcd us.c's com[~atibility with adjaccnt propcrtics ~md . otherpropertics in thc district: ~,~X!>7-/-'o c~.~ ~ ~7~. ~2m e. Please provide any additional information xvhich you may fccl i~ relevant to this request. ~ ~c~ N o~ C~$u~'~.~q ~ ([t-~~ OcrT Deed Restrictions: The County is legally precluded from cnforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in thc aFca for which this usc is being rcqu, :s,ted in order to ascertain whcthcr or not thc rcqucst is affcctcd by cxisting dccd rcstrictions. Previous land use petitions on lite subject properS': To your h-,owlcdgc, has hearing been held on this property within tile last year?., If so, what was. thc naturC/, hearing? /~ 4'-' /~q2.. (t,3~ C)~:~)~c- iqe~'~.q,,~_.)<~ q:.,4~ APPLICATION FOR i'UflI.IC IIEARINC, FOIl CONI}ITIONAI, 1 ~.',;l.: - 02/2000 LEGAL DESCR Z P'FIO?.' ~C(DI~'~H~I F-ID D~,~C.F_: '] EAST. ~ OF THE SOUTHEAST ~ OF T~IE SA~D SECTION 12;7'~IT."::' : :':- S 89~32'39'' E ALONG THE tlORTt! L~:'~E Oi" q'llE ~OJ~lt~ ...... , THE .SOUTIiEAST { OF Tile SOUTHEAST DISTANCE OF 488 00 FEET, · ,"~c~' I::UU F, 0a ~.3 ..... RIGHT-OF-WAY LINE OF P~,.E RIDGE ROAD 388,00 FEET TO TIlE POINT OF BEGIblIIIHG.[ ACRES, MORE OR LESS. BEARINGS sHq~t~ HEREO;j RElrUR q'C; A.. 32'07" E ALqNG, TIIE SOUTH LiNE OF '{'}IE S.'.UT;i[:A:~'7., ~:~' COUNTY, FLORIDA. FEB 11 2003 .,._ CU-2002-AR-2836 PROJECT #19992751 DATE: 7/17/02 FRED REISCHL LAND USE PRE-APPLICATION MEETING NOTES Date: ~>/- 4:3~'. ~ime: ~,' ~.:.~c:~ Firm: Project Name: xc7,,4/::7,' ~,..% ,//~a::,a3.,~.~,,~/t/~__. ProjectAddr/Lo~tion: ~/j~ ~~ Appli~nt~~ ~~ ~/¢Tel~ / ~ Zoning: ~-- ~ ~~/ Staff Attendees: Fax Meeting Notes Agent/Owner Signature .-/ Date: FEB 11 2003 RESOLLrrlON NO. 03- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USES "19" AND "20" FOR SPORTS INSTRUCTIONAL SCHOOLS AND CAMPS AND SPORTING AND RECREATIONAL CAMPS RESPECTIVELY IN THE "A" RURAL AGRICULTURAL ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COII.~R COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Uses "19" and "20" respectively of Section 2.2.2.3 in an "A' Rural Agricultural Zone for sports instructional schools and camps and sporting and recreational camps on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLAR COUNTY, FLORIDA that: The petition filed by Craig Smith of Naples Progressive Gymnastics with respect to the property hereinafter described: Exhibit "B" attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Uses "19" and "20" respectively of Section 2.2.2.3 of the "A" Rural Agricultural Zoning District for sports instructional schools and camps and sporting and recreational camps in accordance with the Conceptual Master Plan, Exhibit "C', and subject to the following conditions: FEB 11 2003 Board. 1. The Planning Services Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional usc. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, .including Division 3.3, Site Development Plans, of the Collier County Land Development Code, Ordinance Number 91-102. 2. To improve the east/west ingress and egress from the subject facility, the applicant shall make every attempt to establish an integrated shared access or vehicular interconnection with the Community School access drive from Pine Ridge Road to the extension of Livingston Road. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second and majority vote. Done this day of ,2003. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency: -Ma~o~iJ~ M. ~tudent Assistant County Attorney ,t~OA ITEM FEB 11 2003 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-2836 The following facts are found: 1. Section 2.2.2.3 of the Land Development Code authorized the conditional uses. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes \"' No Bo Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes \ "' No Co Affects neighboring properties in relation to noise, glare, economic or odor effects: \ No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes x, No Based on the above findings, this conditional use should, with stipulations, (should not) be recommended for approval. DATE: ~...3 CHAIRMAN: FEB 11 2003 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-2836 The following facts are found: 1. Section 2.2.2.3 of the Land Development Code authorized the conditional uses. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Plan: / Yes k"' No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes /~ No Affects neighboring properties in relation to noise, glare, economic or odor effects: t ' No affect or __ Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes t,, No Based on the above findings, this conditional use should, with stipulations, (should not) be recommended for approval. DATE: ~ Y FEB 1 1 2003 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-2836 The following facts are found: 1. Section 2.2.2.3 of the Land Development Code authorized the conditional uses. 2. Granting the conditional use will not adversely affect the public interest and xvill not adversely affect other property or uses in the same district or neighborh_ood because of: Consistency with the Land Development Code and Growth Management Plan: Yes ~//No~ Ingress and egress to property and proposed structures thereon xvith particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes / No Affects neighboring properties in relation to noise, glare, economic or odor effects: ~No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility xvith adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, xvith stipulations, (should not) be recommended for approval. DATE: I "' (~"0 ~ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-2836 The following facts are found: 1. Section 2.2.2.3 of the Land Development Code authorized the conditional uses. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Plan: Bo In,ess and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: :. Adequate ingress & egress A Yes ~~No~ Affects neighboring properties in relation to noise, glare, economic or odor effects: ~No affect or ~ Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~No Based on the above findings, this conditional use should, with stipulations, (should not) be recommended for approval. // DATE: FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-2836 The following facts are found: 1. Section 2.2.2.3 of the Land Development Code authorized the conditional uses. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency xvith the Land Development Code and Growth Management Plan: No~ Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate in~gress No~ Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ _ Affect mitig~ited by ~ Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: CompatibleS. districtNo Based on the above findings, this conditional use should, with stipulations, (should not) be recommended for approval. DATE: [/~//~ CHAIRMAN: FEB 11 iooJ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-2836 The following facts are found: 1. Section 2.2.2.3 of the Land Development Code authorized the conditional uses. 2. Grmating the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Plan: ,/ Yes ~ No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No Co Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or ' Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~ No Based on the above findings, this conditional use should, xvith stipulations, (should not) be recommended for approval. DATE: CHAII~MAN: FEB 11 2003 / , v~ · ,~ ! FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-2§36 The following facts are found: 1. Section 2.2.2.3 of the Land Development Code authorized the conditional uses. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Plan: / No Yes , Bo Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and converdence, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes / No~ Affects neighboring properties in relation to noise, glare, economic or odor effects: J No affect or ~ Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~( No~ Based on the above findings, this conditional use should, with stipulations, (should not) be recommended for approval. DATE: / ./~ .;'//a ,3 C.-R-AliPOd.-~I~ .?' o'S-a/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-9002-AR-2836 The following facts are found: Section 2.2.2.3 of the Land Development Code authorized the conditional uses. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Plan: Yes ~.. No ~ Ingress and egress to property and proposed structures thereon xvith particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Co Yes ~ No Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or ~ Affect mitigated by Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~ No Based on the above findings, this conditional use should, with stipulations, (should not) be recommended for approval. DATE: } //~ I OZ C-'~: :7::, ~C~''.'~^~-~ ' ¼ oF TI~. 'W~1~ ~' OF .THE-.sOUTilV. AST .)~NSH~P 4~ sOUTH, ~ANG~ ~5 .~'~E~G'~ORE PAR~CULARLY DESCRIBED A~; FOLLOW'S: $(...2~-<':~... 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