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Agenda 10/13/1998 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, October 13, 1998 9:00 a.m. NOTICE: Al,l, PERSONS WlSiliNG TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WlTIITliE COUNTYAI)MINISTRATOR PRIOR TO TIlE PRESENTATION OF TIlE AGENDA ITEM 'FO BE ADDRESSED. REQUESTS TO AI)I)RES.q TIlE IIOARD ON SUIIJECTS WIilCil ARE NOT ON TillS AGENDA MUST BE SUBMIT'FED IN WRITING ~Vl'ril EXPI,ANATION TO TIlE COUNTY ADMINISTRATOR AT I,EAST 13 DAYS PRIOR TO 'rile DATE OF TIlE MEETING AND WILl, BE liEARD UNDER "PUBI,IC PETITIONS'. ANY PERSON WIlO DECIDES TO APPEAL A DECISION OF TillS BOARD WILL NEED A RECORD OF TIlE PROCEEDINGS PERTAINING TIlERETO, AND TIIEREFORE MAY NEED TO ENSURE TIIAT A VERBATIM RECORD OF TIlE PROCEEDINGS IS MADE, WIIICII RECORD INCLUDES TIlE TESTIMONY AND EVIDENCE UPON WllICll Tile APPEAl, IS TO BE BASED. ALL REGISTERED PUBIAC SPEAKERS WILl, BE I,IMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR AI)DI'I'IONAL TIME IS GRANTED BY TIIE CIlAIRMAN. ASSISTED LISTENING DEVICES FOR TIlE IlEARING IMPAIRED ARE AVAII.,ABLE IN TIlE COUNTY COMMISSIONERS' OFFICE. I,UNCII RECESS SCilEI)UI,ED FOR 12:oo NOON TO 1:00 P.M. 1. INVOCATION - Reverend Peter Lybcrg, Shepherd of the Glades Lutheran Church 2. PLEDGE Ok' AIA,EGIANCE 3. APPROVAl. OF AGENDAS A. API)R()VAI, OF CONSENT AGENI)A. Iq. APPi{OVAI, OF SUMMARY AGENI)A. C. APPROVAl. OF REGULAII AGENI)A. 4. APPROVAl. OF MINUTES A. Scl)total)er 22, 1998 - Regular meeting. B. September 2.1, 1998 - Budl/.ct hearing. C. Seplcmher 2.t, 1!}98 - Special hurricane mcclint. ! Octobcr 13, 1998 6o PROCLAMATIONS AND SERVICE AWARDS A. PROCI,AMATIONS B. SERVICE AWARDS 1) David Ilolme.q, Facilities Management - 5 Years 2) Charles lluman, Parks & Recreation - 5 Years 3) Victor Philogene, Traffic Operatlnn.~ - 10 Years 4) Glen AIderfcr, EMS - 15 Years C. PRESENTATIONS 1) Presentation to thc Board of County Commissioners in appreciation for outstanding support of Ibc "Summer Run For Fun Program" presented by Carlton Case APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CIIANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES I) Recommendation to approve the FY 1998/99 Bicycle and Pedestrian Program Project List for Connlywide pathway construction B. PUBLIC WORKS C. PUBI,IC SI-;RVICES 1) Review the preserwation plans and funding options regarding the historic Roberts Ranch property in lmmokalee. D. SUPPORT SERVICES E. COUNTY ADMINISTRATOR F. AIRPORT AUTIIORITY COUNTY ATTORNEY'S REPORT BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Collier County Watcr and Wastcwater Authority. B. Appointment of mc~nber to the Bayshorc/Avalnn Beautification MSTU Advisory Committee. 2 Oclober 13. ! 9~J8 11. C. Appoinlment of member to the Golden Gate Estales Land Trust Committee. OTIIER ITEMS A. OTIIER CONSTITUTIONAL OFFICERS B. PIJBL1C COMMENT ON GENERAL TOPICS PUBI,IC IIEARINGS WILL BE IlEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. 13. 14. 15. ADVERTISED PUBLIC IIEARINGS- BCC A. COMPREIIENSIVE PLAN AMENDMENTS 1) Public Ilearing for the 1998 Growth Management Plan Amendments. B. ZONING AMENDMENTS I) Petition No. R-98-5 Dr. Neno J. Spagna of Florida Urban Institute, Inc., representing Internaiional College Inc., requesting a rezone from RSF-4 to CF for a College for 5+/- acres of property located at 600 Seagate Drive West of its in,erection with West Boulevard, in Section 16, Township 49 South, Range 25 East, Collier County, Florida. 2) Petition No. PUD-98-5 Mark W. Minor of Q. Grady Minor & Associates, P.A., rcprc~nting William E. Touloumls requesting a rezone from "A" Agriculture and "PUD" Planned Unit Development to "PUD" Planned Unit Development to lie known an Walgrccns PUD for a commercial shopping center of 15.68 acres of property located at the southwest corner of Airport-Pulling Road and Vanderbilt Beach Road, in Section 2, Township 49 South, Range 25 East, Collier County, Florida. C. OTIIER 1) Adopt an Ordinance amending Collier County Ordinance No. 91-97 thereby removing both Collier County Production Park and Corporate Square from within thc Naples Production Park Street Lighting blunicipal Scr,,'ice Taxing Unit. 2) Approve an amended Ordinance relating to beach, water and vessel control. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC IIEARINGS B. OTilER STAFF'S COMMUNICATIONS BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 3 October 13, 1998 16. CONSENT AGENDA- All matters listed under this item arc considered tn he routine and action will be taken by one motion without ~parate discussion of each item. if di~usslon is desired by a member of the Board, that item(s) svill be removed from thc Con.st Agenda and considcrcd separately. Co D° COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Request to aPl)rove for recording tile final plat of"Carson Road Mol)ilo Ih}mc Subdivision" and approval of the performance Security 2) Tills ITEM IIAS BEEN DELETED. 3) Approval of a contract with thc Florida Department of Environmental Protection (FDEP) lo participate in ground water quality monitoring effort 4) Approval of an agreement with thc South Florida Water Management District to participate in surface w;ttcr qt, alily monitoring of Drainage Basin.',dBjg Cypress Basin PUBLIC WORKS i) Approve funding to connect Eagle (;reek PUl) to the Chiller County Server S3stem and Work Order WMBI~ - FT-98-15 for rclaled Engineering Sen'ices, Project No, 73057. 2) Reject bids fnr Site Wnrk received under Bid Invitatinn 98-2868. 3) Approval of Work Order #CI)M-FT-g8-1 i for the Professional Engineering Serxices relating to the t,pgrade of tile Manatee Station liigh Sca'ice Pumps. 4) Apl)rove Change Order Nine (9) to the Cnnstruction Contract with Milmir Construction, Inc. fnr the Nnrlh CnunD Regional Water Treatment Plant 8- M G D Expansion Project, Contract #97-269OR, Project 71)859/7{}828. 5) Approval of staff selection .f Profcssim)al Traffic 'Engineering Cnnsultant Firms and authorization to award A~rccmcnts to same for Prufcssinnal Traffic Engineering Consull:)nt Sera'ices. 6) Apl~rove a Rc~flution approving terms of office fnr mcnlbcrs apl)ointcd to thc R,qdio Road Beautification Advisory Committee. 7) Approval of a lease agreement I)ct~'ccn Collier County and l,~mg Bay Partners, LI,C for use of vacant land i.) Section 24, 'Fownshil) 48, Range 25. PIJBIAC SERVICES I) Authorize funds to rep:dr the dock and sea wall .'it Caxaml)as Park. StJI)PORT SERVICES 1) Approve and execute an Agreement to provide for nlaximum expenditure of $50,000 from the GAC Land ]'rust to construct rural safety refuge facilities within Gohlen Gate Estates. 4 Octotx:r 13. 199.'q 2) Execute contractual agreement with East Naples Fire Conlrol and Rescue District for Fire and Rescue Protcctlon Sen'ices with tile Collier County Fire Control District. 3) 4) Amend Software l,icenslng Agreement (97-2668). Approval of a Resolution si)dating, thc Collier Cmmty Aml)ulancc Service U~r Fees E. COUNTY ADMINISTRATOR 1) Selection of Underwriters itl anticipation of refunding thc Collier Count)))' Water/Sewer District Revenue Bonds, Series 1991. F. BOARD OF COUNTY COMMISSIONERS G. MISCEIA,ANEOUS CORRESPONDENCE I) Miscellaneous items Io file fl~r record wilh action as directed. II. O'FIIER CONSTITUTIONAL OFFICERS I) CONTINUEI) FROM 10/6/98MEETING: Recommendation that theBCC authorize the procurc~nent of imaging hardware and software. I. C O I i N'I' Y ATTf) It, N E Y J. AIRPOIIT AUTIIORITY 17. SUMMARY AGENDA - Al,l, ITEMS APPEARING UNDER TillS SECTION blUST MEET TIIE FOLLOWING CRITERIA: 1) ARECOMblENDATIONFOI/APPROVAI-FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOil APPROVAl, BY 'File COLLIER COUNTY PLANNING COMMISSION OR OTtlER AUTIIORIZING AGENCIES OF AI,L MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO Till.; ITEM RECEIVED BY STAFF, TIIE COLLIER COUNTY PLANNING COMMISSION, OTIIER AUTIIORIZING AGENCIES OR Tile BOARD, PRIOR TO Tile COblSIENCEMENT OF TIlE BC blEETING ON WillCII TIlE ITEMS ARE SCilEDULED TO lie IIEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO TIlE ITEM. ho Petition on PUD-98-3, Mr. Brncc A. Rankin, R.L.A., of Wilson, blilicr, Bartnn and Peek, Inc., representing Lely Development Corlmration, requesting a rezone from '~PUI)" to "PUD" Planned Unit Development in order to merge the Lely Lakes PUD (Ordinaoce No. 93-32) and the Naples R&D Park PUD (Ordinance No. 8844) into a ncs~ PUD I,) be known as Lely Lakes Golf Rcsorl PUD for proper~y located on the south side of U.S. 41, in Sec6ons 29, 31L31 and 32, 'l'ownshil~ 51 South, R;m~.e 26 East, Collier County, Fh,rida Petition No. PUD-96-12, ,I. Gao' Butler, P.E., representing Royce O. Stallln~, .Ir., requesting a rezone from "A' Rural Agricultural to "PUD" Planned Unit Dcvelopmcot for a multi-family development for property located east and adjacent lo Santa Barbara Boulevard, one-half mile north of Davis Boulevard (SR-84) in the south V~ of Section 4, Township 50 South, and Range 26 East, Collier County, Florida, consisting of approximately 39.82 acres. 5 October 13. 19')8 18. ADJOURN INQUIRIES CONCERNING CIIANGES TO TIlE BOARD'S AGENDA SIIOUI,D BE MADE TO TIlE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. 6 October 13. 199~ AGENDA CHANGES BOA RD OF COUNTY COMMISSIONERS' MEETING OCTOBER 13, 1998 ADD: ITEM 16(B)(8) -API'ROVi': A JOINT PROJECT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE RELOCATION OF COUNTY WATER AND WASTEWATER FACILITIES REQUIRED BY IMPROVEMENTS TO STARE ROAD 45 (US 41) FROM SOUTtl OF MYRTLE ROAD TO COUNTY ROAD 8S7 (OLD US 4I) (STAFF'S REQUEST). EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE THE FY 1998/99 BICYCLE AND PEDESTRIAN PROGRAM PROJECT LIST FOR COUNTYWIDE PATHWAY CONSTRUCTION OBJECTIVE: To secure the Board's endorsement of the FY 1998/99 Bicycle and Pedestrian Program project list and to authorize funding of these projects. CONSIDERATIONS: Ever), year the Bicycle and Pedestrian Program and the l'athway Advisor)' Committee, in conjunction with thc Transportation Services Department. review deficiencies in the existing pathways network and compile a list of the most pressing needs to be addressed. This list is ranked and forwarded to the Board for their approval. The following list is illustrated on the attached maps. Project recommendations for FY 1998,/99 are: Location Project limits Estimated cost (1) N 18'" .<,t Roberts to Lake Trafford Rd $48,000 (2) I.in`,vood Ave Commercial Dr to Airport Rd $66,000 (3) Sunshine Blvd Green Bird to Golden Gate Pkv, y S101.000 (4) S Fifth St Doak Ave to Colorado Ave $29.000 (5) Coronado Pkwv Santa Barbara Blvd to GG Pkv,7 $85.000 (6) Commercial Dr US 41 E to Davis Blvd $14.000 (7) Hunter Blvd Santa Barbara Bl`,'d to Coronado $87,000 (8) Pine St Davis Blvd to Estev Ave $33,000 (9) Lakewood Blvd Davis Blvd to Estev Ave $16,000 (I 0) Golden Gate Pkwv Santa Barbara Blvd to 50'h St SW ..$.68,000 $547,000 Neighlmrhood Facility I,ocation M'aterials Width Distance (mi.) (I) Immokalee sidev,'alk ,,,,'est asphalt 5 ft 0.75 (2) Davis Triangle side`,valk north concrete 5 ft 0.72 (3) Golden Gate sidewalk `,,,'est concrete 6 fl 1.10 (4) Immokalee sidewalk east asphalt 5 fl 0.46 (5) Golden Gate sidewalk north concrete 6 ft 0.94 (6) Davis Triangle sidewalk east asphalt 5 fl 0.22 (7) Golden Gate sidev,'alk north concrete 6 ft 0.97 (8) Pine St bike lanes both asphalt 4 fl 0.26 (9) Lakewood Bird bike lane east asphalt 4 ft 0.26 10)Golden Gate sidc,,valk south concrete 6 ft 0.74 FISCAL IMPACT: Funds in the amount of $250,000 are budgeted for FY 1998,'99 in Road Construction Gas Tax Fund (313-163673-763100-69081 ). Costs are estimates which will ultimately be determined by contractor's bid. It is the intent of the Bicycle and Pedestrian Program to construct as man.,,' projecls as is fiscally feasible. Should this list not be exhausted before allocated funds are depleted, remaining projects will rollover to FY 1999/2000. GROWTH MANAGEMENT IMPACT: Conforms v:ith Collier County Grov<th Management Plan. Transportation Element. Sec. E, Intermodal and Multi-modal Transportation. RECOM MEN DATION: That tile Board of Collier County Commissioners adopt the FY 1998'90 Bic.~cle and Pedestrian Program project list as recommended by the MPO Pathv,'ay ..\dvisorv Committee and direct construction of said projects. REVIEVVEI) .-...'--- ~..~.../' . /¢.-. ~ KEN C. tlE..\TIIERING'i~ON, AICP MPO ('OOIU)INATOR ROB~R'i' P. M ULI~-~I".RE, A~ICP ....- El)WARD J. KA~T, I'.E. T~NSPORT:~TION SER' VICES DIRECTOR DATE DATE DATE A/qPP~OVED BY: VINCENT A. CAUTERO, AICP DATE ( ADMINISTRAIOR, COMMUNITY DEV. AND ENVIRONMENTAL SVCS. ED ILSCHNER DATE PUBLIC V','ORKS ADMINISTRATOR OCT 1 8 1998 Pg:_ ~ M PO BICYCLE AND PEDESTRIAN PROGRAM 1998/99 COUNTY PROJECTS Naples C~rcle Dr 8 N~ Idumc~ p,~ Ave 'i KEY B,tP Productions/idb PATHWAY ON BOTH SIDES PATHWAY ON SOUTH OR EAST SIDE PATHWAY ON NORTH OR WEST SIDE ONE INCH = 0.33 mILE OCT I 3 1998 Pg. ~ MPC BICYCLE AND PEDESTRIAN PROGRAM 1998/99 COUNTY PROJECTS 17~ Cou~ Sw '"1 tB Av~.~ Coronado ~,~nt EJ/za~eth , $ChOO~ 21PI~ Golden Gate ~ I~Etementan/Sc~ol 32~d Av~ ~ 3.2r~ 0.5 1 Miles KEY N PATHWAY ON SOUTH OR EAST SIDE PATHWAY ON NORTH OR WEST SIDE ONE INCH = 0.33 MILE AGE .o. OCT i 3 1998 MPO BICYCLE AND PEDESTRIAN PROGRAM 1998/99 COUNTY PROJECTS ". Immokalee Lake Tcaflo~d Rd Z W Ddl~l~ KEY $ B/P ProducUonsJJdb PATHWAY ON SOUTH OR EAST SIDE PATHWAY ON NORTH OR WEST SIDE ONE INCH = 0.5 MILE OCT 1 3 1998 ................... lit [][[1 fl ....... ; ....... I ...................... I ................................... i"i !lll]i EXECUTIVE SUMMARY REVIEW THE PRESERVATION PLANS AND FUNDING OPTIONS REGARDING THE HISTORIC ROBERTS RANCH PROPERTY IN IMMOKALEE OBJECTIVE: To consider several preservation plans and funding sources for the historic Roberts Ranch in Immokalee, and determine if the County desires to purchase the additional site and structures associated with the property. CONSIDERATIONS: In June, 1996, the Roberts family of Immokalee gifted 4.1 acres of property to Collier County with the intent and hope that their historic family home, its outbuildings, citrus grove, farming and household implements, be preserved as a public history museum to depict the community's pioneer settlement and early economic development. By any standard of measure, the Roberts Ranch is one of Collier County's premier historical resources and quite possibly, one of Florida's best--and last--examples of an authentic turn- of-the-century ranch, grove and pioneer homestead. Most of the site's 20 structures and features have surx4ved remarkably intact and are ideally suited to restoration and re-use as a liv/ng history museum The ranch's location, situated close to the business center of Immokalee and easily accessed by road, makes it a potential tourist destination and a possible revenue producing attraction for the community. The Count~' currently pro~Sdes minimal maintenance and security for the properly with an annual budget appropnation of $5,000. There is no preservation plan for the structures at this time and their physical decay and rapid deterioration is a growing concern. On September 1, 1998 the Board heard a public petition presented by Mrs. Susan Sherrod, president of the Friends of Roberts Ranch, a locally-based support group dedicated to the preservation of the ranch and its remarkable history. Mrs. Sherrod appealed for immediate action by the Board to purchase an adjoining 8.8 acres of property to keep the ranch and its complex of buildings intact, and to provide the financial catalyst needed to accelerate their grant and fund raising efforts. To date, the group has received approximately $25,000 in contributions toward the project and has developed a conceptual master plan for the site with a recognized historic preservation expert. Of immediate concern ~s the fact that the adjacent property is currently for sale and is under serious consideration by a commercial developer. In response, the Board directed staff to determine v, hat, if any, funding options might be available to assist the County with the possible purchase of the additional property before it is lost. While several potential funding options can and will be explored, as a necessary first step a decision is needed to determine the desired size and scope of the finished project. Three preservation plans are possible and are summarized below with an estimate of their associated costs. The first two options, however, w/Il require an initial investment by the County to serve as a match for seeking State historic preservation grant funding, and to demonstrate confidence in the project to potential corporate and individual contributors. PRESERVATION PLAN A: TtlE RANCH RECONFIGURED Restore and develop the current County-owned site only to depict a smaller and more passive model of the ranch. The key element of the plan involves an initial County investment of approximately $100,000 to carefully relocate the bunk house and ten (10) other threatened structures from the adjoining property (Iract D) to the County-owned site, preserving as closely as possible the working and historic relationship of the buildings to one another. Disadvantages include the potential destruction of one or more of the structures in transit due to their fragile condition, the loss ofone of Collier County's first citrus groves and any naturalized areas to buffer the site from modem development, reduced capacity for public parking, cultural programs and living history presentations, and disqualification of the relocated structures for placement on the National Register of Historic Places. Total Estimated Cost: ' Maximum County/Local Match: Maximum State Grant Match: **Estimated Annual Operating Cost: ,300,000 65O,OOO 650,0OO 100,000 PRESERVATION PLAN B: TIlE WORKING RANCH COMPI.EX Under this plan. the current historic site owned by the Count)' would be expanded by purchasing the adjoining 8.8 acres of property (Tract D) from the trustees of the Roberts' Estate at an estimated price of $500,000. All structures and features would be repaired and restored on their original sites. A conceptual master plan has been developed by the Friends of Roberts Ranch v,4th the help of a professional historical preservationist, but would require further refinement and accurate cost projections. Generous landscape buffers would preserve a representative section of the original citrus grove and pro,ride ample on-site parking for ~4sitors. The expanded site would also allow for a fuller and more active interpretation of the property as a typical, working Southwest Florida cattle ranch and homestead. Disadvantages to the plan involve a greater Count3' investment initially to purchase the adjacent properb', increased development costs and a higher annual operating expense. Total Estimated Cost: *Maximum County/Local Match: Maximum State Grant Match: **Estimated Annual Operating Cost: $1,900,000 $ 950,000 $ 950,000 $ 150,000-200,000 * Please note that in both Plan A and B, the local match is based on a combination of Count;' funds, in-kind ser~4ces, allowable property values of the site (as determined by the State Department of Historic Resources), private and corporate gifts, and the value of any Counb' improvements to the prope~' and structures during the past five years (e.g. installation of a securits, system). *'Estimated annual operating costs would be offset by paid visitor admissions to the site and by staffing with volunteers under the direction ofone FTE Museum professional. PRESERVATION PLAN C: ABANDON THE PROJECT Although surely the least desirable option, the Board could conceivably consider abandoning the project and either return the property to the donors, or assist them in finding a suitable state or federal agency to rescue the project and hopefully restore and operate the ranch in a timely m;d responsible manner. While there are no legal arguments to compel the County to continue with the project, serious consideration should be given to assurances implied to the lmmokalee community when the Board accepted the property for future use as a public museum and declared it a designated County historic site in 1997. FISCAL IMPACT: Several funding options and combinations are available to the Board to assist with the ranch project and the acquisition of additional property if desired. Staff anticipates that a successful strategy will likely involve a combination of various funding sources; County, State and private. It should initially be noted that certmn County financial obligations contained within the Roberts' property PUD-91-8, accepted by the Board in January, 1992, may be affected by the preservation plan selected. As pan of the PUD, the County pledged to assist ,Mth the cost of relocating the ranch structures from Tract D to the historic site inthe event the property was sold for commercial development Relocation expenses are estimated at $80,000 to $100,000 Should the Count' purchase the additional acreage, this relocation expense is no longer required. In addition, the County also agreed to construct an extension of North 11th Street in Immokalee from its p~esent terminus at Roberts Avenue, through the ranch properly, to State Road 29. These road construction funds, currently budgeted at $5,000 in the County 1999 road construction plan and $160,000 in the 2001 plan could be similarly redirected. These cost avoidances reduce the real financial impact of Preservation Plan "B" to $1,635,000. However, because the majority of the savings is in fund 313, which is supported by gas taxes, the funds can be used for other road construction projects but cannot be used for the Roberts Ranch preservation. One of the most promising funding sources, and the first option, involves seeking a Special Category Historic Preservation Grant through the Florida Department of State, Division of Historical Resources, ,as was done with the Museum of the Everglades. Staff discussions with depanment officials in Tallahassee have been encouraging, but timing and the availability of local matching funds are real concerns. As a general rule, grants are awarded on a 50/50 matching basis~ rarely exceed $300,000 in any one grant cycle, and are subject to intense statewide competition Additionally, final funding for the program is determined and adjusted each year at the State budget level. The most optimistic projection would be a series of smaller grants awarded over a three year period. Re-application is not automatic, and separate grant proposals would need to be prepared and submitted each year for another phase of the project Further, there are no guarantees that every application will be successful in a particular grant year, causing potential delays in the project. The earliest opportunity to make application for a Special Category' Grant is June, 1999. The services of a professional, historical presep,,ation consultant will also be needed. Assuming the Board would want to include pursuit of these grants in aay funding pl,'m, the balance of this fiscal impact section will focus on options for generating the Count's required match. The first option for generating the County match involves a more intensive use of tourist development tax revenues to fund the Museum's capital needs and operating costs. Florida Statutes, as amended, specifically allow the County to "acquire, construct, extend, enlarge. remodel, repair, improve, maintain, operate or promote one or more County owned museums through its local option tourist development tax." Category C of the local ordinance currently addresses this need, but would require amendment to increase the percentage of the collections now being allocated to the Museum. Using tourist tax revenues, a note could be arranged for the purchase of the property, and even fund the balance of the local match needed to initiate a State historic preservation grant (total amount borrowed-S650,000 [Al or $950,000 [B]. Such a note could be obtained with a 20 to 30 year term and would require an annual debt set-vice payment of approximately $65,000 for Plan A, or $95,000 for Plan B. A second funding possibility for the County match involves the creation of an MSTU that would be obligated to pay the debt service on the County's local cost share of a Special Category Historic Preservation Grant. Since the MSTU could not be established in time to purchase the ranch property, a tax anticipation note would be needed. Assuming the annual debt service would again range from $65,000 (A) to $95,000 (B) depending on rates and terms, and based on the taxable values of the existing Immokalee Lighting and Beautification District, an additional tax of .28 to .42 mills would be le~4ed. RECOMMENDATION; That the Board of County Commissioners, review the preservation plans and funding options presented for the restoration and rehabilitation of the historic Roberts' Ranch. Should the Board desire to purchase the additional 8.8 acres of property, staff recommends that tourist development tax revenues be used, pending review by the Counb"s Tourist Development Council. This recommendation appears consistent with the full spirit and intent of Florida's tourist tax legislation which specifically recognizes museum projects as a valid and legitimate means of attracting and retaining tourists, and by recent local efforts with the Immokalee Master Plan and Main Street Programs which predict eco-tourism as a key component in lmmokalee's economic future. Prepared by: Ron Jarfiro, Museum Director Date Thoma~ ~V. ~)-~liff '~ Public .";er~dces Administrator 0 C l ! 3 l, "0 0 H I~.C,N O Cl 1 3 lqq8 Z~ Z I I t APPOINTMENT OF MEMBER(S) 5F© THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on Nlav 21,2001, on the Collier Count.,.' Water and Wastewater Authority representing a "Lay Member". CONSIDERATIONS: The Collier County Utility Authority has I vacancy due to the resignation of Joseph A. Mandy. This 5 member council was established on February 27, 1996. by Ordinance No. 96-6 to regulate utilit?' rates and related matters regarding non-exempt water and wastewater utilities in unincorporated Collier County. Three members shall be technical in nature, with expertise in engineering, finance and/or business administration. The remaining 3 members shall be appointed on the basis of individual civic pride, integrity, and experience in an.,,' area of regulation. Members are required to file a Form I Statement of Financial Interests each .,,'car with the Supe~ isor of Elections. After initial staggered terms, the terms ,,','ill be 4 >'ears. A list of the current membership is included in the backup. A press release was issued and resumes `.vere received from the following interested citizen: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Lowell M. Lam Lay Member I yes none COMMITTEE RECOMMENDATION: A memo ',,.'as received from staffad`.'ising that Mr. Lam is qualified for appointment on the basis of civic pride and integrity, in addition to his experience in senior corporate management. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: ]''hat the Board of County Commissioners consider the request for appointment and appoint one member to fulfill the remainder of the vacant term. and direct thc Count>' AUomev to prepare a resolution confirming the appointments. Prepared By: Agenda Date: Sue Filson. Administrative Assistant Board of County Commissioners OCTOBER 13, 1998 AGENDA I No._ /0 /-7-._ OCI 1 3 1998 M EMORAN DU 5!. TO: CC: FROM: SUBJECT: DATE: Sue Filson, Administrative Assistant, Board of Count).' Commissioners Vincent Cautero. Administrator, Community Development & Environmental Services Division Bleu Wallace, Director, Utility & Franchise Regulation Department Collier Count2,.' Water and Wastewater AuthoriD' September 30, 1998 I have reviewed the request of the applicant seeking appointment to the Collier Count>' Water and \Vastcwater Authority, keeping in mind the qualifications required for a la}' member vacancy. Section I-3 (E), Ordinance No. 96-6, as amended, states that applicants who are customers of a regulated utility shall be preferred. Section 1-3 (£) (1), Ordinance No. 96-6. as amended, provides for technical members to be appointed based on individual expertise in one or more ofthe following areas: (1) Ennineerin,-': with expertise in water and sewer systems; (2) Executive experience in finance, ac~'ounting, ratemaking, and/or utility regulation; or (3) Business administration. Section 1-3 (E) (2). Ordinance No. 96-6, as amended, provides for la.,,' members to be appointed on the basis of individual civic pride and inte,mSty. Although applicants for a la,,' member's seat need not have experience in an,,,' area of relevant utility ser`,'ice and m~na~emcnt, ratcmaking, utility regulation, or other endeavors, lay members ma.',' be appointed from the same areas of expertise as technical members. air. Lowell bi. Lam, 5 Grey Wing Pointe, Naples, Florida 34113. Mr. Lam is a Collier County resident and current customer of Eagle Creek Utility II. a regulated utilit5~. Mr. Lam has applied to fill a la)' member vacancy on the C~llicr Count>' Water & Wastewater Authority. Mr. Lam has an extensive business management background. The applicant is qualified for appointment on the basis of civic pride and integrity, in addition to his experience in senior corporate management. While qualifications are capsulated above, no staff recommendation is co~ herein. J'~ 'a l H e Utility Authority tt'~rk P/ton; Ap£t'd Home Phone DateRe-appt Exp. Date 2ndExpDate 2nd Term George J. Scl'u'oll 829 Bluebonnet Court 642.3928 Marco Island. FL 34145 District: 1 Category: Technical:Business Administration Neno J. Spagna 3850 27th Avenue. S.\V. Naples, FL 34117 District: 5 Category: Technical Joseph A. Mandy 6280 26th Avenue. S.\V. Naples, FL 34116 Dixtrict: 3 Category: Civic Pride 455-2168 348-0806 Fa,.' R. Biles 15~8 Heights Cou,~ Marco Island. FL 341-'.5 District: 1 Category: La.',' Member 394-3089 Roben C. Bermca 7065 Dennis Circle 103 Naples. FL 3410.4' District: 3 Category: Executive ,lanagement 352-0219 05/21/96 05/21/96 08'26/97 05;12'98 07'16.'96 4,28;98 05/21/00 05/21/99 05/21/01 0.,_ 1/99 05/21/98 0_/.I/02 4 Years 3 Years 4 Years 5 Years 2 Years 4 Years -Wednesday, May 13, 1998 Page I of 2 061' 3 Utility Authority Wor,~ Phone Appt'd E. rp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member authont'/was established on February 27, 1996, by Ordinance No. 96-6 to regulate utility rates and related matters regarding non-exempt water and wastewater utilities in unincorporated Ccilier Ccunt/. Three members shall be technical in nature, with expedise in engineering, finance and/or business administration. The remaining 2 members shall be appointed on the haS;S of md;vidual c:vic pride, integrit,/, and experience in any sma of regulation. Members are required to file a Form 1 Statement of Financial Interests each ye~.r with the Supervisor of Eiections. Terms are 4 years FL STAT: 125.01(0 Staff: Bleu Wallace -I~"~/ncsda)', M¢y 13, 1998 Page 2 of 2 O0 OCl 13 M E M 0 R A N D U M D.ATE' September _8. 1998 TO: FROM: Vinell Hills. Elections Office ,,' Sue Filson. Administrative Assistant Board of Count>>>' Commissioners RE: Voter Registration - Advisor>' Board Appointments Tile Board of County Commissioners will soon consider the following individuals for appointment to one ol' the county's advisor>' committees. Please let me knox,.' ii' those listed below are registered voters in Collier Count>>>'. ,Also. please list the commission district in which each applicant resides. UTILITY .AUTHORITY CO.Xl.XlISSION DISTRICT Lov,'ell M. Lam 5 Grey \\:ing Pointe Naples. FL 3411 .O Thank >'ou for .'. our help. -- AGENDA ITEM No._ OCT 1 3 1998 MEMORANDUM DATE: TO: FROM: September 28. 1998 Bleu Wallace. Utility Regulation Manage? Sue Filson. Administrative Assista Board of Count,,' Commissioners ~ Utility Authority As vou kno,.v, we currently have a 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 .,,'our review as follo,.vs: Lowell M. Lam 5 Grey Wing Pointe Naples, FL 34113 Please let me know. in `.vriting. the recommendation for appointment of the advisor3.' committee within the 41 da'.' time-frame, and I `.`.'ill prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have an)' ques:ions. please call me at 774-8097. Thank you for .,.'our attention to this matter. SF Auachments AG E N DyA,~! T~.~4 I, Io .._.~_.L~ OCT Lowell M. Lam 5 G.rey Wing Pointe Naples, FL 34113 (941) 774-5464 FAX (941) 775-0430 e-mail MAl,GS~aol.com Ms. Sue Filson Board of County Commissioners 3301 Tamiami Trail E. Naples, Fl. 34112 September 14. 1998 Dear Ms. Filson As a Collier Count.,.' property owner for the past twelve years and a full time resident for the past six. I would like to apply for the vacancy on the Collier County Utility Authority Prior to my recent retirement, I held the position of Vice President Broker Sales for the Southeastern US for Revlon. My career with Revlon, spanning 37 years, included 27 years in a variety of senior management positions including Vice President of Sales for seven years. i feel fortunate to live in this beautiful part of'the world and have the desire to offer mx' services in the interest of maintaining and preser~'ing our quality of life here. I also feel that sustaining and regulating water and wastewater is ~4tal to our future well being. If you feel I could be a productive member ofthis committee, I would be honored to serve. Sincerely, No OC'[ 13 199 TO: FROM: SUBJECT: M E M O R A N D U M Sue Fiison, Administrative Assistant, Board of Count3.' Commissioners n~ Bleu Wallace, Director, Department of Utility & Franchise Regulatio Resignation of Member from the Collier Count3.' Water and Wastewater Authority DATE: August 5, 1998 On August 4, 1998, the attached letter of resignation from the Collier County Water and Wastewater Authority was received from Mr. Joseph A. Mandy. Please distribute the letter of resignation and advertise the vacancy, as appropriate. Direct any questions to me at extension 7146. OCl 1 3 1998 Pc]. July 2,"1, I t)98 Oll'~cc of t.:tilIIv i{cgulatnm Alln.: Mr. l~,obcr~ C Bennett. Jr.- Chnirm:~n Collier Ccmntv 3301 E Tarniami Trail Naples FL 34112 Dcm' Mr. Bennett. Please accept thi~; letter as my formal notice of resignation from the Authorit.,, el'fcctivc this dart:. Personal reasons requu't: that I do this. I would like. al this lime. lo make note and thanks, lo Mr. Wallace Ibr his aucntmn and c~crg~es, in response Io Ill5' vaFiot~s ~lt~CMH>r~S ~}V'CF the pasl year; a/id 1o }u.~ ovcratt km,wlctlgc ~l' a complex subject. Thank you. A'PPOINTMENT OF MEMBER('s) T© BAYSHORE/AVALON BEAUTIFICATION MSTU ADVISORY COMMITTEE OBJECTIVE: To appoint I member to fulfill the remainder of a vacant term. expiring on March 3, 20001, on the Bayshore/Avalon Beautification MSTU Advisor2,.' Committee. CONSIDERATIONS: The Bayshore Avalon Beautification MSTU Advisory Committee has 1 ~,'acancy due to the resignation of Robert F. Messmer. This 5 member advisory committee was created on December 16.1997. by Ordinance No. 97-82 to provide curbing, watering facilities. plantings and maintenance of the median strips of roadways within the MSTU: provide traffic calming improvements; and. beautification and maintenance of other areas ,,,,5thin the MSTU. Members will also prepare and recommend an itemized budget to the Board of Count.',' Commissioners. Members must be permanent residents or owners of commercial property within the MSTU boundaries. A list of the current membership is included in the backup. .APPLICANT A press release was issued and resumes were received from the following 4 interested citizens: CATEGORY DIST ELECTOR ADV. COY,1 M. Deborah L. Russell Resident 4 yes none Donna Fiala Property Owner I yes none James D. King II Resident 4 yes none Maurice Gutierrez Resident 4 yes none COMMITTEE RECO,I:MENDATION: Due to a lack ora quorum there is no recommendation: however, two members of the committee have requested that consideration be given to A. M. Carter..Ir. for appointment. Mr. Carter's resume ,,,,'as submitted after-the-fact and is included in the back-up material. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the applicants requesting appointment, appoint one member to fulfill the remainder of the vacant term. and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson. Administrative Assistant Board of County Commissioners Agenda Date: OCTOBER 13, 1998 OCT I 3 1998 ...... ' '11 IIII .......... 'ii MEMORANDUM DATE: TO: FROM' SUBJECT: September 30, 1998 Sue Filson, Administrative Assistant Board of County Commissioners Russell Muller, Engineer II ~---v~ . Transportation Services Department Bayshore Avalon Beautification Advisory Committee Application On September 2, 1998, the Bayshore Avalon Beautification Advisory Committee met without the three-member quorum necessary to take formal action. Therefore, the two members in attendance could not make a recommendation to the Board of County Commissioners from the applications received. The two members requested that the Board give consideration to the attached application, which I received by FAX on September 15, 1998. If you need any more information, please do not hesitate to contact me. My telephone number is 774-8494, extension 7119. RM/$r. JMerno SF var.~ncy.doc CC: Edward J. Kant, P.E., Transportation Services Director File: Bayshore MSTU No. OCT 13 1998 11:01 94177445624562 NEAL RESOURCES INC PAGE A.M. C~rter Jr. Summary of my professional background, follows: BS- U.S. Naval Academy MS- U.S, Naval Post Graduate School MS- University of Michigan Patent Law, Accounting, Business Mgm't.- University of Minnesota Naval Officer & Naval Aviator: Development of rocket motors, safety equipment, and aero. materials. Development and Construction Manageme,t of large $14 million Test and Evaluation facility. ' Design, installation and test of emergency aircraft landing systems at airfields throughout the Pacific area. Dcsign and construction of specialized facilities for mass, automated production of rocket motors. Civilian: VP &Gen, Mgr.: Design and construction of special facility for development and manufacture of simulation and training devices. VP & Executive Officer of company involved in building and interior design and construction for financial instutions- banks, insurance companies, saving & loans. VP ~nternational of company manufacturing and installing accesss floor system throughout the world. International Business Consultant - Negotiated Licensing Agreement for Modular Open Office System for mmnufacturing and marketing in Australia. Under contract, prepared 5 Year Market Forecast for a product in 52 countries of the world. Identified and located U.S. producers of security rooms and negotiated licensing agreement for manufacture and marketing tn the Far East. Negotiated terms for manufacture and marketing of mobile shelters by an Australian company. Conducted product search of power line conditioners for computer room applications for Far East client. President & GM of F&M Carrson Internatioual: ?rovide product and technical support to CHEL in areas of Computer Rooms, Data Center~ and Clean Rooms. Track building technology and identify ney products. Negotiate agreements with manufacturers for supply of products. Conduct the order aud shipmemt of products. Registered and Licensed Professional Engineer (PE). U.S. Patents for simulation of non-linear systems - two held. Best Regards, No. OCT 1 3 1998 Pg. 09/15/199@ · 11:01 94177445624562 NE,aL RESOURCES INC PAGE 01 3839 CLIPPER LANE NAPLES, FLORIDA 34112 (941)774-6325 (941)774-4562 FAX Fm ~R~vE AGE~DA ]~'EM 0CT 1 3 1998 Bayshore/Avalon Beautification MSTU Advisory Committee Work P/tone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Bill L. Neal 3839 Clipper Lane Naples, FL 34112 District: 4 Category: Resident James P. Lennane 4228 Gordon Drive Naples, FL 34102 District: 4 Category: Commercial Interest Thomas R. Briscoe 2841 Shoreviev,' Drive Naples, FL 34112 District: 1 Categoo': Resident Michael Bruet 7768 Jewel Lane. #201 Naples, FL 34109 District: 2 Categoo': Commercial Interest 29?80ran2e Street Naples. FL 34112 District: 4 Category: Resident 774-6325 732-5500 774-7564 261~455 592-0027 775-3493 -, ,,/ 0.~/0.~, 98 03/03/00 2 Years 0.,,,0~/98 0.~/0.,.. 00 2 Years 03/03/98 03/03/01 3 Years 03/03/98 03/03/02 4 'fears 03./03/98 03/03/01 3 Years Friday, ApH-124, 1~98 Page 1 of 2 0 CT 1 3 1998! pg. ~ Bayshore/Avalon Beautification ~Fork P/tone Name Home Phone MSTU Advisory Committee Appt'd Exp.' Date Term DateRe-appt 2ndExpDate 2nd Term This 5 member committee was created on December 16, 1997, by Ordinance No. 97-82 to provide curbing, watering facilities, plantings and maintenance of the median strips of roadways within the MSTU; provide traffic calming improvements; and. beautification and maintenance of other areas within the MSTU. Members will prepare and recommend an itemized budget to the Board of County Commissioners. Members must be permanent residents or owners of commercial property within the MSTU. FL ST.-IT: 125.01 Staff: Val Prince, Engineer II, Transportation: 774-8494 / I Frida)'. ~4priJ-24. I Page OCT 1 3 1998 Pg. ~ MEMORANDU.M. DATE: August 7, 1998 TO: FROM: Vinell Hills, Elections Office Sue Filson, Administrative Assista Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of Count>' Commissioners will soon consider the following individuals for appointment to one of the counD"s advisor)' committees. Please let me know if those listed below are registered voters in Collier County. Also. please lis~ the commission district in which each applicant resides. BAYSHORE/AV.ALON BEAUT MSTU ADV COMNI Deborah L. Russell 2667 Lakevie,.v Drive Naples, FL 34112 Donna Fiala 4463 Lakewood Boulevard Naples. FL 34112 James D. King II 3308 Dominion Drive Naples. FL 34112 Maurice Gutierrez 2736 Shoreview Drive Naples. FL 34112 yes COMMISSION DISTRICT Thank you for your help. AGE ND/A/.~ ~F~ NO. / f , '~-...~ 0 CT 1 3 1998 MEMORANDUM DATE: TO: FROM' August 7, 1998 Russ Muller, Engineer II Transportation Department ~ /an~./ Sue Filson, Administrative Assis Board of County Commissioners Bayshore/Avalon Beautification MSTU Advisory Committee As you know, we currentlv have vacancies on the above-referenced advisory committee. A press release ,.,,'as 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 follov;s: Deborah L. Russell 2667 Lakeview Drive Naples, FL 34112 Donna Fiala 4463 Lakewood Boulevard Naples, FL 34112 James D. King 1I 3308 Dominion Drive Naples, FL 34112 Maurice Gutierrez 2736 Shoreview Drive Naples, FL 34112 Please let me knox',', in writing, the recommendation for appointment of the advisor3' committee within the 41 day time-frame, and I wilt prepare an executive summao.' for the Board's consideration, l:;lease categorize the applicants in areas of expertise. If you have any questions. please call me at 774-8097. Thank you for )'our attention to this matter. SF Attachments AGEND~ NO. OCT 1 3 1998 pg. ~'~ Ha ~o~ New t-k~n &: LOCKWOOD 3001 Tambml Tra~ North 8on~ta $1~ings P.O. Boz 4130:32 Pa~ ~ ~p~,FL 3~101 ~ 941-2~11 Veto ~ ~ 9~1-2~703 ~,d-b~.~m TRANSMIT THE A'FFACHED TO Name: Company:. FOX: Name: Company: Fax: Cor~rming Name: Company: Fox: Ccnfirming No.: Confirming No.: Nc3r~c: Company: Fax: Corr~rm[ng No.: FAX COVER SHEET INFORMATION Personal Fax: Gient No.: lnfodexl: Pages indud;ng cover sheet: Fax Inquiries: 800-741-5291 COMMENTS " AGENp~., No. ,/ 0CT 1 3 1998 Pg. ~ DKBORA~ A. RUSeS.T. 2667 LakeviewDrive Naples, FL 34112 941-417-0401 C~ &LOCKWOOD, Naples, Florida .......................... September, 1996 - Present Associate in Individual Clients Depal-tment. Responsible for drafting all types o~ estate planning documents, including estate planning recommendation letters and estate r.~ction dynasty trusts to avoid the generation-skipping transfer tax. Extensive e~perience in_al~ phases of estate administration, from initial client interview to p~eparation o~ %he Form 706, Federal Estate Tax Return, with special emphasis on post- _~__e~_~ax ?land. inS. Client representation through tax return audit by I.R.S. Speaker =le,~a~e p~ann~ng seminars sponsored by local investment advisors. F~.I~ & LARD~, Tampa, Florida August 1995 - September, 1996 · asociate in Trusts and Estates Department. Responsible ~or drafting all types estate plardli~g documents, including sta/ldard marital QTIP plans, life insurance trusts, grantor retained annuity trusts a41d 2503(c) trusts for minors. Drafted ~Nnorandum in support of motion for summary judgment in will contest and memorandum te s~port valuation of note for aerate tax return audit b~ I.R.S. Responsible for the a ~klnlstration of smaller estates handled by firm. N LL/~S, PARKER, }{ARRISOR, DIETZ & GET~, P.A. Sarasota, Florida S~mmer 1994 S~.r La~ Clerk ' ' O , FO~/ZS & swrTJAKICH, P.A., St. P~tersburg, Florida Summer 1993 __~Law Clerk , ~ BA~, I~C., Tampa, Florida April, 1991 - August, 1992 .S~ec.~al ASSetS, Assistant ~lce Fresident: Ad~tered a $19.5 million portfolio of problam real estate credits, consisting of accounts ranging in size from $100,000 to $3.5 million. Developed workout strategy for each property to ma~ize the net present value of cash collectio]ls by loan restrl/ctu/e, negotiated settlement, or litigation foreclosure. setF~ BA~, N.A., Tampa, Florida January, 1989 - April, 1991 Kana~er, Assistant Vice Pres/dent: Coordinated the centralization of all bank- o~ed properties statewide, establishing operating procedures to comply ~ith occ regulations. Responsible for the management, marketing and disposition of $32 million rtfolio of Other ~eal Estate Owned. I ~MAR HOHES, I~C., DelRay Beach, Florida August, 1985 - AuqLtst, 1986 ~okar-Salesman for Doyuton Lakes Development. Responsible for coordinating all ~pects of sale from contract negotiation %o closing. EDITION ~etson U~kiversity Co]_lege of Law, J.D., May, 1995 class P~nk: Moot Court Board, Phi Delta Phi, Alexander L. Paskay Endowed Scholarship Intern for JUdge Stev~n D. Merryda¥, Mlddle District of Florida, Fall, 1994 Intern for J~dge Alexander L. Paskay, Bankruptcy Court, Spring, 1995 .~versity of Florida, B.S.B.A., Rea/ Zstate and Urban Analysis, 198. 1/148 OCT 1 3 1998 Po. /~ TO: DATE: FROM: REGARDING: Sue Filson - fax # 774-3602 8/7/98 Donna Fiala - 436-5899 BAYSHOP,.E MSTU Board Opening 2;:,'7. F, I would like to apply for the vacant advisory board position on the Bayshore MSTU. I own property at 2800 Shoreview Dr., and am very interested in the future of the Bayshore area. I have had experience working with the County on many redevelopment projects over the years, as well as the median beautification of Davis Blvd. and the proposed median upgrading and beautification of U.S. 41. A biography is included with this fax for your perusal. If you need anv further information, please don't hesitate to call me at 436-5585. ' BIOGRAPHIC INFOI~MATION Donna Fiala Jul)', 1998 Donna Fiala has been a resident of Naples since 1974, coming from Cleveland, Ohio.. She has five children, all of whom graduated from Collier Comb' Schools. Donna has been employed by the NCH Healthcare System (Naples Community Hospital) sLnee 1987 as Director of Community Involvement. In this capacity, she represents the Hospital System in the health care community, civic associations, business cornmurd%', and service organizations. Donna is President of East Naples Civic Association and past president of Public Relations Association of Collier Count', Kiwanis Club of Naples East, Interagency, and Naples Junior Woman's Club. She is presently on the Board of Directors of the Botanical Garden, Inc., President's Council, Greater Naples Civic Association, Women's PolitcaI Caucus, the Republican Executive Committee and Collier Naplescape. She has previously served on the Board of Directors for the Naples Area Chamber of Commerce, Golden Gate Chamber of Commerce, Alzheimer's Care Club, Council on Aging, League of Women Voters, T.E.C.H.. etc. Donna is also active in the Naples Area Chamber of Commerce, Kiwanis Club of Naples East, the Economic Development Council, and a newly formed. special orgamzation - The Rick? King Fund, among others. She serves on the advisory committees for International College, The Learning Connection, Collier Count~' Extension Services and others. She also works actively on committees targeting East Naples road median beautification, task forces dealing with the current redevelopment effort taking place in East Naples, Gateway Tr/angle Steering Committee, Collier Court .ty Parks and Rec., and communi¢' redevelopment commit'tees, plus various other task forces and committees. She is a ~aduate of Leadersh. ip Collier/'95. Pr/or to 1987, Donna was employed by PBA (Provincetown-Boston Airline) for 11 years, the last slx years in marketing, working her way up to National Sal, s M~o.a~.__~Z~ Aug-O6-gB 12:51P H~nCI Inspector's O~fic~ P.01 August 6,1998. Ms. Sue Filson Administrative Assistant Board of County Commissioners 3301 Tamiami Trail Naples, Florida 34112 Dear Ms. Filson; Please accept this letter as my request to be considered for the open position on the Bayshore Avalon MSTU Advisory Committee. As a resident and part time business member of this area I am very interested in what is being done to complete the transition o£ our community. Besides being an investigator with %he Florida Department of Corrections Inspector Generals Office I also do some catering with the Tipsy Seagull on the corner of Bayshore and Bayview Roads. Over the last several years my wife and ! saw the vast improvement of this area and chose to purchase our home here. This is one area of our community that needs a little special attention to finish the job that a lot of hardworking individuals have started. I am currently a member of the Serlous Habitual O~fender Community Action Program (SHOCAP) for Collier County along w:th being a member of the state board of the Florida Council on Cr~me and Delinquency (FCCD). While these and most of n~y activities are involving law enforcement aspects, ! wish to become more involved in the community that my wife and ! reside in. I have attached a copy of my resume for your review. If you have any questions please feel free to con%act me at the address and n~%mbers listed below. Thank you for your time and consideration in this request. Sincerely; James D. King II 3308 Dominion Drive Naples, Florida 34112 941-775-2656 (Home) 941-279-7269 (Digital Pager) AGEND~ No._,/ 0CT 1 3 1998 Aug-06-98 12:51P HenCI Inspector's Office P.02 RESUME JAMES DAVID KING II 3308 DOMINION DRIVE NAPLES, FLORIDA 34112 941-775-2656 Personal History: I was born in Fort Knox, Kentucky where we resided until moving %~ Germany in 1959. In 1963 we moved to Augusta, Georgia until my fathers retirement from the United States Army in 1964. In April 1964 we moved to Lehigh Acres, Florida where I resided until 1987. I then moved to LaBelle, Florida for a short time until mcvlng to Naples, Florida 1989. In 1991 ! moved into Department of Corrections housing until purchasing a home in Naples in October 1996 where I reside currently with my second wife, Jane. ~ have two children, 17 and 13 years old, and three step-children with two step-grandchildren. Education: Graduated from Rlverda!e High School, Fort Myers Florida, June 1975. Currently taking college courses on a part time bas~s working towards a degree in Criminal Justice. Correctional Experience: Correctional Officer at Hendry Correctional Institution from December 1984 through April 1987. Duties included working security cn the Main Unit and the Work Camp Unit, supervising outside wcrk squads and outside disciplinary squads and part time instructing for in-service training. I also created and coordinated the Juvenile Tour Program. Member Institutional Escape Recapture Canine Team and Confrontation Control Force Baton Squad and Institutional Correctional Emergency Response Team. Correctional Officer Sergeant at Hendr¥ Correctional Institution from April 1987 through November 1990. Duties included being assigned as the Institutional Tralning Coordinator for two years where I was responsible for the mandatory training of 360 staff before going back on shift as a Dormitory Supervisor and Acting Officer in Charge during Captains absence. I was also acting Administrative Lieutenant for a three month period during the Lieutenants absence and a Member of the Institutional Escape Recapture Canine Team, Confrontation Control Force Chemical Agents Team, Confrontation Control Force Competition Team and !nstituCional Hostage Negotiator. Correctional Officer Inspector I at Hendry Correctional Institution from November 1990 thrcugh present. Duties ~nclude processing all E-Forms for Hendry Correctional Institution Main Unit and Work Camp along with Copeland Road Prison, Aug-06-98 12:51P HenCI Inspector's Office P.03 JDK/RESUME Page 2 all criminal cases, ~nvestigating any assigned cases from the Inspector Generals Office, investigating any internal matters as assigned by the Superintendents Office, Litigation Coordinator, Law Enforcement liaison, Security Threat Group Coordinator, opera%ion of the Inmate Telephone Monitoring System and any other duties assigned by Superintendent. Standing member of Institutional Management Team. Asslsted in the planing and completion of construction of Department of Juvenile Justice Camp at Hendry Correctional. I have also been an active participant in the recapture efforts in all escapes from Hendry Correctional during this tlmg period and major escapes from Glades and Charlotte Correctional Institutions. Part Time Instructor for the Southwest Florida Criminal Justice Academy from February 1988 through May 1994. Instructed Basic Corrections, fasic Law Enforcement and Advanced Classes. Contract Instructor for Edison Community College and University of South Florida from June 1988 through August 1990. Instructed Advanced Correctional Training Classes. Contract ins~ructcr Life Skills Program September 1995 through June 1996 InsCructing night Life Skills Classes to inmates at Hendry Correctional Institution. Schools/Courses Attended: Basic Corrections Academy - SWFCJA Stress Awareness and Resolution - Edison Community College Crisis Intervention - Edison Community College Field Training Officer - SWFCJA Interpersonal Communications Instructor - Dept. of Corrections Instructor Techniques - Edison Community College Smith & wesson Chemical Agents Instructor - Florida Correctlcnal AcademT N.R.A. F~rearms Instructor - SWFCJA Religious Cult Training - Hendry County Sheriffs Dept. Basic Environmental Health Inspections - Florida Correctional Academy Introduction into Explosives - S.W. Florida Port Authority Collection and Preservation of Evidence - FBI Advanced Crlminalistlcs - Edison Community College FDLE Basic Fingerprinting Techniques - FDLE High Profile Vehicle Rescues - Metro-Dade Police Dept. FDLE Terrorist Threat Training - FDLE Investigations in Correctional Environment - Inspector Generals Office Crime Scene Photography - Metro-Dade Pollce Dept. Crime Scene Investigations I,II,III- Metro-Dade Police Dept. Security Threat Groups - Inspector Generals Office Computer Tutors I and II - Computer Tutors Inc. A~E~n~T~M OCT 1 3 1998 /,-- Aug-06-PB 12:52P HenCI Inspector's Office P.04 JDK/RBSUME Page 3 Courses Instructed: Basic Corrections Basic Law Enforcement Stress Awareness Interpersonal Communications Security Threat Groups (Gangs) Case Preparation and Courtroom Presentation Hostage Negotiations Interviews and Interrogations Field Training Officer Narcotics Identification Discipline and Special Confinement Techniques Line Supervision Firearms (PMM, 38 Cal., AR-15, 12 Gauge and 37MM) Chemical Agents Escape and Recapture Procedures Basic First Aid and CPR Crime Scene Processing in a Correctional Environment Basic Crime Scene Photography Committee/Organization Memberships: Past Representative S.W. Florida Criminal Justice Advisory Board Past Representative Edison College Criminal Justice Board Past Coordinator Youth Program at Hendry Correctional Inst. Member FDLE Basic Recruit Examination Task Force Past Member Collier County Juvenile Justice Board Past Member Collier County Gang Task Force Past Member Hendry County Juvenile Justice Board Past Member Lee County Juvenile Direct Services Committee Member Florida Council on Crime and Delinquency Member FCCD State Executive Board 1993 & 1995 through present Current President FCCD Chapter XIX Past President, Vice President & Treasurer FCCD Chapter Member Southern States Correctional Association Member American Correctional Association Member Collier County SHOCAP Advisory Board Member Florida Gang Investigators Association Member Kentucky Colonels Awards/Recognitions: FCCD Chapter XIX Correctional Officer of the Year - 1988-89 Letter of Commendation, U.S. Drug Enforcement Administration Letter of AppreciatIon Collier County School Board Letter of Appreciation Collier County Courts Letter of Appreciation Hendry County Sheriffs Department Letter of Appreciation Collier County Sheriffs Department Hendry Correctlonal Employee of the Month - 2/1994 & 12/1996 Louie L. Wainwright Distinguished Service Award - 199~ AGENDy~IIf No. 0CT 1 3 1998 Aug-06-gB i2:52P HenCI Inspector'~ Office P,05 JDK/RESUME Page 5 Mr. G. W. "Bill" Bedingfield Regional Director of Institutional Security Management Florida Department of Corrections Region V 4520 Oak Fair Boulevard Tampa, Florida 33610 813-744-8777 SunCom 542-8777 Mr. Larry Raab Supervisor, Florida Department of Juvenile Justice 2671 Airport Road Suite 101 Naples, Florida 34112 941-417-6325 Sergeant Tom Kistner S.H.O.C.A.P. Supervisor, Collier County Sheriffs Dept. 3301 E. Tamiami Trail, Bld. J Naples, Florida 34112 941-793-9502 Mr. Don Lewis Senior Management Analyst II Florida Department of Juvenile Justice 4524 Oak Fair Boulevard Suite 100 Tampa, 813-744-8920 SunCom 542-8920 Florida 33616 Mrs. Joan Klosinski Staff Assistant, Hendry Correctional Institution Florida Department of Corrections 12551 Wainwright Drive Immokalee, Florida 34142 941-657-3654 SunCom 734-1105 Mrs. June Farls Personnel Manager, Desoto Correctional Institution Florida Department of Corrections Post Office Drawer 1072 Acadia, Flor:da 34265 941-494-3727 SunCom 766-7227 0 C r 13 Aug-06-98 12:52P HenCI Inspector's Office P.06 JDK/RESUME Page 4 Current Projects: Assisting in the start up of the Juvenile Offender Tour Program at Hendry Correctional. Working with DJJ and the Collier County DRILL Program in setting up a the Sgt. Joe Jones Memorial plaque and possible scholarship program. Instituting a computer intelligence program a% Hendry Correctional for %he tracking of nicknames and gang members along with patterns. Wor~ing with Collier County and Hendry County Sheriffs Offices in drug in[erdicticn efforts. Directing the identification of all gang associated inmates at Hendry Correctional and placing %hem ~nto a stasewide data bank. Assisting in the identification and filing of criminal charges on sexual predators at Hendry Correctional. Researching the installation of surveillance equiDment for Hendry Correctional and Copeland Road Prison. Personal References: Ms. Kathleen Passidomc, Esquire Grey Oaks 2640 Golden Gate Parkway, Suite Naples, Florida 33942 541-261-3453 Mr. Karel Yedlicka Parole Examiner, Florzda Parole Commission 2050 Art Museum Drive 3acksonville, Florida 904-348-2634 SunCom 870-2610 32207 Superintendent Paul J. Schriner Hendry Correctional Institution 12551 Wainwright Drive Immokalee, Florida 941-657-3654 SunCom 734-1104 34142 Mr. Antonio Perez Pegional Inspector SuDervisor Florida Department of Corrections Inspector Generals Off~ce 4508 Oak Fair Boulevard Tampa, Florida 33610 813-744-6364 SunCom 542-6364 OCT 13 1998 MAUILICE GUTIERREZ 2736 SHORE%qEW DR. NAPLES, FL. 34112 941-774-7022 JULY 3 1998 MS. SUE FILSON Administrative Assistant Board of County Commissioners 3301 Tamiami Trail East Bldg. F 3rd Floor Naples. FI. 24112 Dear Ms. Filson I have received information that Mr. Messmer will be resigning from the Bayshore MSTU Advisory Committee. If that is correct then I would like to submit my application for thc vacalcd position. [ feel it is important that a home ov,'ncr with-out commercial or business interests be pan of the board which vdll be making decisions affecting the mnjorip,.' of the home owners in that district. Please contacl me at my home #. 774-7022 or business # 263-0572, if any further information is required Sincerely aunce ~Jutlerrcz AGEND~A ITF~H 0CT 1 3 1998 /? Pg. MAURICE CARLOS GUTIERREZ SS #. - 261-27.1179 2736 SHOKEVIEW DR NAPLES. FL. 34112 '174-7022 PERSONAL HISTORY: Raised in Miami. and moved to Naples in 1976. I have been a residence of Hal&man Creek area from 76' Io 84'. Home owner at present address since 84'. ~Lamed to Loft. no children. ACADEMICS: Associate Degree in Business Administration. MDCC. currently gorldng on Bachelors degree. USCG lisc. Captain BUSINESS HISTORY Established Diamond Carpet. Inc. in 7g'. President Retail floor co~crmg stor:. Licensed agent for Diamond Carpet Floor covering conlraclors Licorice Certified Floor Covering Inspector. by F.C.I.T.S. of Dalton. Ga. 263-0572 / 775.3517 OCT 1 3 1998 ......... .E.XECUT~VE suMMARY -' APPOINTMENT OF MEMBER(S) TO GOLDEN GATE ESTATES LAND TRUST COMMITTEE OBJF',CTIVE: To re-appoint two members to serve 4 year terms, expiring on October 13. 2002. on the Golden Gate Estates Land Trust Committee. CONSIDERATIONS: The Golden Gate Estates Land Trust Committee has 2 terms expiring on October 13.1998. This 5 member committee se~'es in an advisory capacit3' to the Board of County Commissioners for the purpose of carrying out the requirements, conditions and various provisions of an Agreement relating to the use of land, or funds derived from the sale of land. conveyed to the County by Avatar Properties Inc..(f/k/a GAC Propertie. s Inc.). Applicants must reside within the subdivision known as "Golden Gate Estates." Member selection may depend upon location of residence ,.',Sthin specific areas (phases) of the Estates. Terms are 4 )'ears. A list of thc current membership is included in the backup. A press release was issued and resumes ,,','ere received from the following 2 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COM.M. Karen M. Acquard Phase I 5 yes GGELTC Stephen B. Greenberg Phase 11! 5 )'es GGELTC COMMITTEE RECOMMENDATION: FISCAL IMPACT: NONE Karen M. Acquard - Re-appointment Stephen B. Greenberg - Re-appointment GROWTIt MANAGEMENT IMPACT: NONE RECOMMENDATION: 1'hat the Board of Count.,.' Commissioners consider the recommendation for appointment and re-appoint 2 members to serve 4 year terms, and direct the Count',' Attorney to prepare a resolution confirming the appointments. Prepared B)': Sue Filson..Administrative Assistant Board of County Commissioners Agenda Date: OCTOBER 13, 1998 AGENOA ITEM No.5 7 P C- OCI 1 3 1998 Pcj, INTEROFFICE MEMORANDUM TO: FROM: SUBJECT: DATE: SUE FILSON, ADMINISTRATIVE ASSISTANT BOARD OF COUNTY COMMISSlONER'5"~ / SANDRA TAYLOR, DIRECTO.,,.~ ....--:% REAL PROPERTY MANAGEMENT DEPARTMENT GOLDEN GATE ESTATES LAND 'TRUST COMMITTEE VACANT POSITIONS SEPTEMBER 29, 1998 The Golden Gate Estates Land Trust Committee Members, at their September 28, 1998 meeting, unanimously recommended the Board of County Commissioners accept the applications of Mrs. Karen Acquard and Mr. Stephen Greenberg for membership to the Committee. blrs. Acquard and Mr. Greenberg are current members of the Golden Gate Estates Land Trust Committee. Please present the Golden Gate Estates Land Trust Committee's recommendation to the Board of County Commissioners at your earliest convenience. If the Board of County Commissioners approves the Committee's recommendation, one (1) vacancy will still exist on the Committee. Please continue to advedise the vacancy. Thank you. 1998 Name Golden Gate Estates Land Trust Committee Work Phone Appt'd Exp. Date Home Phone DateRe-oppt 2ndExpDate Charles Purcell VanGelder. I 597-8774 10/10/95 10/13/99 Terll! 2nd Term 4 Years 760 7th Street. S.W. Naples, FL 34117 District: 5 Categor3': ?base I Lillian Jourdan 5630 26th Avenue, S.W. Naples, FL 34116 District: 5 Category: Phase I Karen M. Acquard 441 24th Avenue. N.E. Naples, FL 34120 District: 5 Categoo': Phase I Stephen B. Greenberg 2780 8th Street. N.\\'. Naples, FL 34120 District: 5 Category: Phase III Matthew F. Hudson 321 13th Street. S.\\'. Naples. FL 34117 District: 5 Categoo': Phase I 353-5713 09/17/96 10/13/97 I Year 353-5786 9/23/97 10/13/01 4 Years 455-8318 455-1204 03/10/98 10/13/98 I0/I 1/94 10/13/98 months ./ 4 Years 353-4333 05/11/93 10/13/95 2 Years 455-5072 10/10/95 10/13/99 4 Years March 11, 1998 Page I of 2 AGENDA, No., OCT 1 3 1998 pg, Golden Gate Estates Land Trust Committee [Vork Phone Appt'd Exp. Date Term ~'attte Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member committee was created by Ord, No. 87-48, amended by Ord. No. 87-98 and 94- 40 to carry out the requirements, conditions and various provisions of an Agreement relating to the use of land, or funds derived from the sale of land. conveyed to the County by Avatar Properties, Inc. (f/d/a GAC Properties, Inc.) Applicants must reside within the subdivision known as "Golden Gate Estates/' Members must reside within 1 of the 5 phases within the Golden Gate Estates area. Terms are 4 years FI_ STAT: 125.01 Staff: Sandy Taylor, Real Prcper"c/Director: 774-8991 t~'ednesda)', March 11, 1998 Page 2 of 2 0C'f 1 3 1998 Pg ....~ -- MEMORANDUM DATE: TO: FROM: September 3.1998 Vinell Hills. Elections Office ,?/'~ Sue Filson. A. dministrative Assistant ./'~ t Board of Count,,' Commissioners ~ Voter Registration - Advisory Board Appointments The Board of Count.,,' Commissioners ,.,,'ill soon consider the following individuals for appointment to one of the county's advisor7 committees, Please let me know if those listed below are registered voters in Collier County, Also. please list the commission district in which each applicant resides. GG ESTATES LAND TRUST COMM COMMISSION DISTRICT Stephen B. Greenberg 2780 8th Street Northwest Naples. FL 34120 ]'hank you for .','our help, AGEND/~ ITEM OCT 13 1998 MEMORANDUM DATE: August 31. 1998 TO: FROM: Vinell Hills. Elections Office ....~, Sue Filson. Administrative Assistant~ Board of Coun¢' Commissioners Voter Registration - Advisors' Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisors' committees. Please let me 'know if those listed below are registered voters in Collier Count.,,'. Also. please list the commission district in which each applicant resides. GG ESTATES LAND TRUST COM.Xl CO,~I.~IISSION DISTRICT Karen .',.l. Acquard 441 24th Avenue. N.E. Naples. FL 34120 Thank you for your help. AGE ND.A.._,I TE M .o. / ~-"C_.. 02T 1 3 1998 ~4EMORANDUM DATE: September 3, 1998 TO: Sandra Taylor, Real Property Director FROM: Sue Filson. Administrative Assistant Board of County Commissioners RE: Golden Gate Estates Land Trust Committee As you know, ,,ve currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in sep.'ing on this committee to submit a resume for consideration. I have artached the resumes recci,,'cd for 3,'our review as follows: Stephen B. Greenberg 2780 8th Street Northwest Naples, FL .34120 Please let me know. in v. Titing. the recommendation for appointment of the advisoD' commit'tee within the 4I day time-frame, and I ,,','ill prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have an,,' questions. please call me at 774-g007. · Thank you for your attention to this matter. SF Attachments AG£ND~ N o. OCT 1 3 1998 P(:J, -- 7 -- Stephen B. Greenberg 2780 8th Street North'w'~e§~t" "": Naples, Flodda 34120 ..~. .. (941) 4,55-0640 August 31, 1998 To Whom it May Concern: Please accept this letter and my resume as an expressed interest in continuing as a member of the Golden gate Estates land Trust Committee, Thank you for your time and consideration. I look forward to hearing from you soon. Sinc_~rely, ~ Stephen B. Greenberg Enclosure AGENDA ~I TZ.)q 0CT 1 3 1998 OCIAL SECURITY #: DATE OF BIRTH: PLACE OF BIRTH: STEPXEN B. GREENBERG 2788 8TX STREET NORTHWEST NAPLES, FLORIDA 34128 (941) 455-864g 323-48-2462 November 15, 1967 Rockford, Illinois GENERAL EDUCATION · Edison Community College, Ft. Myers, FL. 33906 -Associate in Arts Degree Edison Community College, Naples, FL. 34112 - Graduate EMT Program Naples High School, Naples, FL. 34102 - Graduated, June 1985 Fort Myers Fire Academy - Graduated, October 1992 FIRE SERVICE EDUCATION BLS Recertification State Certified EMT Recertification HIV/AIDS Awareness Refresher HAZI~AT Awareness State Minimum Standards Basic Extrication Basic Volunteer Firefighter First Responder April 1995 December 1994 November 1994 May 1993 October-1992 August 1992 May 1992 March 1992 High Rise Training RELATED EXPERIENCE Firefighter/E~T Iona-McGregor Fire District Volunteer Firefighter Big Corkscrew Island Fire Control and Rescue District. Basic firefighting experience in wildland and structure fire as weil as hazardous materials and emergency medical situations. OTHER WORK EXPERIENCE Crew Manager, Precision Cleaning Inc. Dudng 7 years I have progressed from a window cleaner to crew manager. September 1988 October 1995 - Present May 1991 - Present September 1988 - July 1998 AGENDA ITEM 0CI I 3 1998 Supervisor, Naples Family YMCA During 4 years I progressed from a camp counselor to a site supervisor. September 1984 - August 1988 ACHIEVE~IENTS Volunteer Firefighter of the Year l~ay 1991 - May 1992 PERSONAL INFORMATION Resided in Collier County for 14 years, Golden Gate Estates 7 years. I~arfied for 9 years, with 1 child age 7. I~ember of the Golden Gate Estates Land Trust Committee, 1994-1998. REFERENCES Chief Frank O. Kovarik Big Corkscrew Island Fire 13240 Immokalee Road Naples, Florida 34120 (941) 455-1204 Dave Fisher Precision Cleaning, Inc. 5701 Houchin Street, Suite 7 Naples. Flodda 34109 (941) 597-2525 Luciano DelCiello 9284 I~ooring Circle Ft. I~yers, Florida 33912 (941) 267-0122 Paul Plamondon 330 24th Avenue Northeast Naples, Flodda 34120 (941) 4.55-1718 Control and Rescue District 0CT 1 3 1998 MEMORANDUM DATE: TO: FROM: RE: August 31, 1998 Sandra Taylor, Real Property Direc~ Sue Filson, Administrative Assistanf~J-'"~ ' Board of Count,,' Commissioners Golden Gate Estates Land Trust Committee As you knox,,', we currentlv have 3 vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for .,,'our review as follows' Karen M. Acquard 441 24th Avenue. N.E. Naples. FL 34120 Please let me knox,.', in wrhing, the recommendation for appointment of the advison, committee v,'ithin the 41 da,.' time-frame, and I ,.','ill prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have an,.' questions. please call me at 774-8097. ' ' Thank you for .,.'our attention to this matter. SF Attachments AGEND/) No. OCT 1 3 1998 441 24th Avenue NE Naples Florida 34120 August 12, 1998 Collier County Board of Commissioners 3301Tamiami Trail East Naples, Florida 34112 Dear Commissioners, My appointment to the Golden Gate Estates Land Trust Committee expires on October 13th of this year. I have served on this committee since March and would very much like to continue to do so. Having lived in the Estates for the last seven years I have seen many of the positive accomplishments of this committee, and it has been a pleasure to be involved in this process. As I stated when I originally applied for the committee, I have been involved in community affairs most of my life and I have twenty two years of business acumen. Since my family and I live in the Estates I want to see the area thrive and I am committed to being involved in that process. I sincerely hope that you consider my application to continue serving my community as a part of the Golden Gate Estates Land Trust Committee. Si~ely, /~ Karen M. Acquard 1998 RESUME Karen M. Acquard 441 24th Ave. NE Naples, FL 34120 941 455 8318 Born in Buffalo, N.Y. June 24, 1943 Education: High School- Attica Central School, Attica, N.Y. graduated 1961 College- University of Bridgeport, Bridgeport, CN graduated with AS in Dental Hygiene 1963 Married 22 years to Donald Acquard 4 step sons living in NY 1 son and daughter-in-law living in the estates First moved to Naples 1963 Moved to G.G.Estates 1991 Organizations and Committees Past Matron Order of the Eastern Star, NY and FL Member of The Friends of the Library Member Golden Gate Estates Area Civic Association Board of Directors 1996 - 1998 Secretary 1998 Volunteer Auxiliary Big Corkscrew Island Fire Department Board of Directors Volunteer Organization 1996-1997 Member of Commissioner Hancock's Consolidation Committee Member of Commzssioner Berry's Citizen Committee Member of the Conservancy of Southwest Florida Member of Golden Gate Estates Land Trust Committee March 1998 - October 1998 EXECUTIVE SUMMARY PUBLIC HEARING FOR THE 1998 GROWTH MANAGEMENT PLAN AMENDMENT~ D~[EC~J~L,'[;_ For the Board of County Commissioners to review the 1998 Amendments to the Collier County Growth Management Plan and approve said Amendments for transmittal to the Department of Community Affairs. CONSIDERATIONS: · Chapter 163, F.S., provides for an amendment process for the adopted County Growth Management Plan. · Resolution 97-431 provides for a public petition process to amend the Plan. · The due date for Growth Management Plan amendment applications was April 25, 1998. Three (3) applications were submitted. · Staff is recommending amendments to the following Elements of the Plan: Transpodation Element 0 Capital Improvements Element 0 Golden Gate Area Master Plan FISCAL IMPACT;. None GROWTH MANAGEMENT IMPACT; Approval of these Amendments by the Board of County Commissioners for transmittal to the Department of Community Affairs will commence the Department's ninety (90) day review process and ultimately return these Amendments to the Planning Commission and the Board of County Commissioners for a final adoption hearing. CCPC RECOMMENDATION: The CCPC held their required public hearing on September 17 and October 1, 1998. Their recommendations are as follows: 1. TRANSPORTATION ELEMENT: Recommended transmitting to DCA as recommended by staff. 2. CAPITAL IMPROVEMENTS ELEMENT: Recommended transmitting to DCA as recommended by staff. 3. PETITION CP-98-01, G-4 Partnerships Requesting to Amend the Future Land Use Element by Adding a new Subdistrict to the Land Use Designation Description Section to be known as the Goodlette/Pine Ridge: Recommended transmittinq to DCA as submitted by the petitioner. - 4. PETITION CP-98-02, John A. Pulling, Jr. & Lucy Finch Requesting to Amend the Future Land Use Element by adding a new Subdistrict to the Land Use Designation Description Section to be known as Neighborhood Village Center Subdistrict: Recommended transmitting to DCA as recommended by staff. 5. PETITION 6P-98-03, Hy & Anita Bershad, Requesting to Amend the Golden Gate Area Master Plan by Expanding the acreage allowed in the Neighborhood Center at CR951/Pine Ridge Road and to limit said expansion to Conditional Uses only: Recommended transmitting to DCA as submitted by the petitioner with the following changes: Reduce buffer adjacent to residential to 40'; allow right turn in and right turn out' on White Blvd.; and limit conditional use to an ALF only. ~AGENDA ITEM NO. 12 A1 October 13, 1998 Pg, I PETITION CP-98-04, Board of County Commissioners requesting to Amend the Golden Gate Area Master Plan by adding a new Subdistrict to be known as Santa Barbara Commercial Subdistrict and by changing the Land Use Designation for certain properties along Santa Barbara from Residential to Santa Barbara Commercial Subdistrict: Recommended transmitting to DCA as recommended by staff. RECOMMENDATION; That the Board of County Commissioner review the Growth Management Plan Amendments, adopt the Ordinance Updating the Capital Improvement Element, and adopt a Resolution approving these amendments for transmittal to the Department of Community Affairs. ~RY LEE LAY~PLANNER II BARBA~ CACCHION~'ICP COMPREHENSIVE PLANNING MANAGER REVIEWED BY: __/.-~7~ -- DATE: ~;~'OBER~ MULHERE,/UCP ?'INCENT A. CAUTERO, AICP ADMINISTRATOR COMMUNITY DEVELOPMENT & APPROVED BY: ENVIRONMENTAL SERVICES DIVISION AGENDA ITEM I NO. 12 A1 October 13, 1998 Pg. 2 1 RESOLUTION NO. 98- 2 3 A RESOLUTION APPROVING THE PROPOSED GROW'TH 4 MANAGEMENT PLAN AMENDMENTS TO THE FUTURE 5 LAND USE ELEMENT; TRANSPORTATION ELEMENT; 6 CAPITAL IMPROVEMENTS ELEMENT; AND GOLDEN 7 GATE AREA MASTER PLAN FOR TRANSMITTAL TO THE 8 DEPARTMENT OF COMMUNITY AFFAIRS 9 10 WHEREAS, Collier County. pursuant to Section 163.3161. p.J._,,~. Ftonda Statutes, the 11 Florida Local Government Comprehensive Planning and Land Development Regulahon Act. was 12 required lo prepare and adopt a comprehensive plan; and 13 WHEREAS. the Collier County Board of County Comm~s$,oners aco;:)led the Collier 14 County Growlh Management Plan on January 10, 1989; and 15 WHEREAS. Ihe Local Government Comprehensive Planmng ant Land Developrnenl 16 Regulation Acl of 1985 provides authonty for local governments Io amend their respectrve comprehensive plans and outhnes certain procedures lo amend adooted corn;3rehensrve plans pursuanl lo Sections 163,3184 and 163.3187. Flonda Statutes; amd WHEREAS, Colher County has preDarecl Plan Amendments tO the lollow~ng elements 20 its Growlh Management Plan: 21 Future Land Use. 22 Golden Gate A~'ea Master Plan; 23 TransDortabon; 24 Cap,Iai Improvement 25 26 WHEREAS, the Collier County Planmng Commission r, as cor~s~de~ed the proposed 27 amendment to the Growth Management Plan pursuant to the aulhor~' granted to ~1 by Section 28 163.3174, Florida Statutes (1997), and has recommended approval of sa~d amenclment 1o the 29 Board el' County Commissioners; and 30 WHERE.AS, upon receipt of Colher County's proposed GrOwl~ L'anagement Plan 31 Amendment, various Stale agencies and the Department of Community At'fa*rs (DCA) have ninety 32 (90) days Io rewew the ~3roposed Amendment and DCA must transmit, in wnbng to Co]lier County, 33 ~ts comments along w~th any objechons and any recornmenoat~ons for rnr)<~,cahon, w~th~n sa~d 34 n,nety (90) days pursuant Io Sechon 163.3184. Florida Statutes; and 35 WHEREAS. Colher County, upon receipt of the wntten comments from DCA must adopt, 36 adopt w~th cJaanges or not ac/opt the proposed Growth Management Plan Amendment. w~th~n sixty 37 (60) days of such rece~pl pursuant to Section 163.3184. Florida Statutes', and 38 WHEREAs. the (]CA. within forty'five (45) days of receipt of Collier County's adopted 39 Growth Management Plan Amendment. must review and delermtne rf the Plan ArnenCment is in 40 comphance with the Local Government Comprehensive Planmng and Land Development Act of 41 1985; the Stale Comprehensive Plan; the appropriate Regional Policy Plan and Rule 9J-5. Florida 42 Adminisb'atNe Code. pursuant lo Sechon 163,3184. Florida Statutes. 9 10 12 13 14 15 17 18 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 37 41 42 47 57 NOW' THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 2 COMMISSIONERS OF COLLIER COUNTY. FLORIDA. b%at ~ Board of Cour~t,/c_.~nn~a~c~3e~ 3 h~ .pp~r.-e~ the ~ Gnmvvt~ Mana~emen! Ptan Arnendment~ for the purpo~ of 4 ~ t° I~e ~ of Community A/faim thereby Iniflat~g ~ required State e,,.aK~t~x~ 5 of b",e Growth I~t Plan An3et3dment~ prior to ~ ~ and State dete~rnir~l~cx~ of e comp4twx~ v/4~ t~e Local ~ ~e~sh/. F~ar'~r'~ ar.d Land De'v'e4o~:x'r~t ATTEST: DW1G~ E, BROCK, Clerk BOARD OF COUNTY' COMMISSIONERS COLLIER COUNTY, FLORIOA BY: ~ B. BERRY, Chllrma.1 MARJORIE t,,~ STUDENT · Klliltant Counl~' Attorl"~y 1998 INO. 12A1:'M October 13, 1998 Pa. 4 2 10 12 XS ~.'7 2O ORDINANCE NO. 98- AN ORDINANCE ESTABLISHING THE 1998 COLLIER COUNTY GROWTH FLANAGEMERrT PLAN CAP i T~_L IMPROVEMENT ELEMENT ;LN~AL UPDATE AIN'D ~EN'DMERrT BY CORRECTING, UPDATING, A~ MODIFYING CERTAIN COSTS, REVENGE SOURCES, SUPPORTING OBJECTIVES ANT3 POLICIES, AND THE DATES OF CONSTRUCTION OF FACILITIES E~RATED IN THE COLLIER COUN'rY GROWq7{ MANAGEP~ PLAN, CAPITAL iMPROV~-MENT ELEMENT FOR CAPITAL PROJECTS IN FISCAL YF~S 1997/98 ~'HROUGH 2001/2002; PROVIDING FOR SELrERAB ILi Ty; Ad~D PROVIDING AN EFFECTIVE DATE. 21 WT~ERF_AS, Chapter 163, Part II, Florida Statu[e~ also known as 22 the Local Government Comprehensive Plaruning and Land Development 23 Regu~lation Act of 1985 and Chapter 9J-5, Florida Administrativ~ 24 ~I~L~, also known as the Minimum Criteria for Review of Local 25 Government Comprehensive Plans and Determination of Compliance 26 require that Collier County correct, update, and modify costs, 27 revenue sources, or the dates of construction of facilities 28 enumerated in the Collier ~ou.nty Growth Management Plan Capital 29 Improvement Element on an annual basis; and ]0 WHEREAS, Collier Ccunty has prepared an Annual Update and 31 A~ndment to the Capital Improvemen% Element of its Growth ]2 Management Plan (Ordinance No. 89-05), as amended from time 33 time, that takes into consideration the plans and fLnancial 34 resources of the County and of the Agencies of the State of 35 Florida; and ]6 WHEREAS, Chapter 163, Part II, Elorida Statu.~_~, Sec:ion 37 163.3177(3) (b) and 16[~.318" 2) provide for annual updates and 3e amendments of local government Capital Improvement Elements that 39 consider corrections, updates, and modifications concerning costs; 40 revenue sources; acceptance of facilities pursuant to dedications 4~ which are consistent with the plan; or the dates of construction of 42 any facLlities enumerated in the Capital Iraprovement Element; and -l- ~ITEM 13, 1998 W~EREAS, the Collier County Planning Commassion :n a ma~uer prescribed by law did hold a public hearing concerning the correcting, updating, and ,~}difying of certain costs, revenue sources, and the dates of construction of facilities enumerated'~n the Collier County Growth Management Plan Capital Imq~rovement Element for capital projects in Fiscal Years 1997/98 through 2001/2002 on September 17, 1998 and recomnnended that it be submitted to the Board of County Commlssloners, as prepared, noting certain considerations and reco~rn~ndations; and W?4EREAS, the Board of County Cormnllssioners did take action in the manner prescrlbed by law and did hold a public hearing on October 13, 1998; and W~4EREAS, all applicable substant=ve and procedural requirements of law have been ~et. NOW, TNEREFORE BE IT BY ~HE BOARD OF COL."~'I'Y COMMISSIONERS of Collier County, Florida that: ~,~ Update of Cos=s, Revenue Sources and Constructlon Dates of Faclli~ies Enumerated in the Capital ~mprovement Element of Growth Management Plan. This Ordinance, as described herein, shall be kno.wr, and c:ted as the 1998 Growth Mar~gement Plan Capital Improvement Element ~ual Update and Amendment for Coil:er County, Florida. The Collier County 1998 Capital I~nprovement Element ~nnual Update and Annendment, attached hereto and Incor~rated by reference herein as E~,htbi= A, consisting of objectlves and policies; re~ulremen~s for capital improvements i~lementatlon; and costs and revenues, is hereby adopted and shall be the Collier Count}, Growth Management Plan Capital Improvement £1emen: Annual Update and Amendment of 1998 and shall supersede any and all previous Capital Improvement Elements applicable ~o the unincorporated area of Collier County. ~ Severabill~y. If any phrase or port,on of this Ordinance as held =nvalid or unconstitutional by any Court of competent ]urlsdiction. such port,on shall be deemed a separate, distinct, and independent proves:on and such holding shall not affect the validity of the remalning portion 6 -2- IAGENDA ITEM 8r NO. 12 A1 October 13, 199 Pg. 6 Thim Ordinance shall become effective upon filing with the Dep&r~ent of State and shall remain effective until the Department of Community Affairs determines that the 1997-1998 Comprehensive Plan Amendment ia in compliance. 24 DWIG"HT E. BROCK, CLERK BOAEDOF COUNTY COWMIBSIONER~ COLLIER COUNTY, Florida BY: ~ARBARAB. BERRY, CHAIRMAN DA ITEM 12A1 ~ber 13, 1998 TO: FROM: ELEMENT: SUB-ELEMENT: DATE: MEMORANDUM Collier County Planning Commission Lee Layne, Planner I1, Comprehensive Planning Section Gavin Jones, Planner I1, MPO TRANSPORTATION NONE August 18, 1998 II. PROPOSED AMENDMENT: The proposed amendments to the Transportation Element will be updating Tables and Maps to be consistent with recommendations adopted by the MPO in February, 1998. There are no text changes nor amendments to the GOP's of the Transportation Element. The following are the proposed updated Tables and Maps: a f. g. h. i. Page TRAN - 41 Table V, Collier County Transportation Planning Database. Page TRAN - 42, Map TR-4W Western Collier County 5 Year Capital Improvement Element Map Page TRAN - 44, Map TR-5AW, Number of Lanes Year 2000. Western Collier County Page TRAN - 46, Map TRo5BW, Facility Type Year 2000, Western Collier County Page TRAN - 48, Map TR-5CW, Year 2000 Levels of Service, Western Collier County Page TRAN - 51, Map TR-6AW, Number of Lanes Year 2010, Western CollierCounty Page TRAN - 53, Map TR-6BW, Facility Type Year 2010, Western Collier County Page TRAN - 55, Map TR-6CW, Year 2010 Levels of Service, Western Collier County Page TRAN - 58, Map TR-7AW. Number of Lanes Year 2020, Western CollierCounty. RECOMMENDATION: CCPC recommend forwarding the Transportation Element to the Board of County Commissioners with a recommendation of transmittal to the Department of Community Affairs. IAGENDA ITEMi NO. 12 A1 October 13, 1998 Pg. ,g PREPARED BY. PREPARED BY: REVIEWED BY REVIEWED BY: MAR~EE LAYNE, PLANNER II GA K[ MF /IN ,JONES. PLANNER Rf MPO ~ HEATt~IERINGTON ,t 'V ::) COOI~DINATOR ' ~ 3'¢¢~LH E RE. AICP P_J.~N I NG SERVICES I~RECTOR REVIEWED BY: .-~/ /'¢ ~- · ~u T-E . ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE. DATE: DATE: DATE: DATE: 1998 Transportation Element Amendment Th~.o petition has been advertised for the October 13, COl, LID[ COUNT% PLANNING COMMISSION :'IiEh;\Ei..\. DAVIS. CHAiR,~L'~N 1998 BCC Meeting. I~GENDA ITEM NO. 12 A1 October 13, 1998 Pg. O IAGENDA ITEM NO. 12 Al October 13, 1998 Pg. }O MAP TR-4W YEAR CAPITAL IMPROVEMENT ELEUENT MAP Y~:$TERN COLUER COUNTY H END4~'~ CO COt. L~ER CO. O~u[~ CO. I- 75 c~ ~ ~co 42 INO. 12 A1 October 13,199 Pg. 11 HAP-SAW · NUHBER OF LA~NES ,..._., YEAR 2000 WESTERN COLLIER CObH'FY ~ ; ~,_.l~ __1,.,~.,, .... · ,' ', 5/I ~ ........ '~." 1,~, ,~ ~ ' ~.-- ', ,-~'~~, ,I , i : I~ ......... ~ ) , : ..... ~;'~ Count~tde Pe~anent Population 275,700 COPIER COUN~ ~ X-2 TRAN-44 12 AGENDA ITEM NO. 12 A1 October 13, 1998 Pg. 12 FACILITY TYPE - YEAR WESTERN CO(.UF.R COUNTY 2000 t CO. COLJJE~ CO, 46 INO. 12 A1 81 October 13, 199 Pg. 13 YEAR \: ,' :i 2000 LEVELS OF SERVICE W[~T[RN COLLI[R COUNTY · .va_' -.,,, : ,/ ', / ',.. '-: :,.,.~,. ~,.,;~:' t' ,,,,, ·---~-----:-K;~. :¢',-::" ....'2 '"'--. ': ' I i '~- '.."-.-" -, '~' "'~;~ .... f: · ~, '.~ ~' ~-.~ ~,~ ,,~ : =--=. ::=:____=~ · ,.,. ,., ,,.,. ,~,r , ., ~ October 13,199 Pg, 14 J ~tAP-TR6^~ I~rUI~ER OF LANES YEAR 2010 !.~ESTERN COLLIER COUNTY , . .~: ....... | .......... ; , , ~;"" Count~tde Pe~anent Population 3'8,100 COLUER COUN~ ~IB~ X4 ~EK~LI[~ CO~ L~G ~GE ~ UPDA~ I~R~ ~ ~10 TRAN-51 IAGENDA ITEM NO. 12 A1 October 13, 1998 Pg. t MAP TR-6BW FACILITY TYPE - YEAR WESTERN COLU~R COUNT~ 2010 53 INU. 1Z A1 October 13,199 Pg. ~ TP-SCW YEAR 2010 LEVELS OF SERVICE Y,'ESTE:P~'I COLLI[R C~NTY \ %.. \:... MAP-TR?A~ NUMBER OF LANES YEAR 2020 WESTERN COLLIER COUNTY Countywide Permanent Population 426,300i' 'i COLMER COUNTY ID~IIBIT vtn-I LONG RANGE PLAN UPDATE 20~ IrlNANCtALLY.$EXSIB~.E pl~a,N HIGHWAY NETWOR~ TRAN-58 18 AGENDA ITEM NO. 12 A1 October 13, 1998 Pg. I~ TO: FROM: ELEMENT: SUB-ELEMENT: DATE: MEMORANDUM Collier County Planning Commission Stan Litsinger, Principal Planner Comprehensive Planning Section CAPITAL IMPROVEMENT NONE August 26, 1998 PROPOSED AMENDMENT: The proposed amendments to the Capital Improvement Element will be updating Category A & B projects and updating the Costs and Revenues by Types of Facilities, Pages CIE-17 thru CIE-48. The amendments to the GOP's, Pages CIE-4 and CIE-5 are proposed as follows: Amend Policy 1/I.5 to read as follows: Policy 1.1.5: The standards for levels of service of public facilities shall be as follows: Category A Public Facilities A1 County Roads: A1.1 County arterials and collector roads: Level of Service as indicated .... below on the basis of peak hour, peak season traffic volume: - Level of Service "E" on the following designated roads: Roads From Airport-Pulling Road Golden Gate Parkway Goodlette-Frank Road Goodlette-Frank Road Pine Ridge Road To Pine Ridge Road to Golden Gate Parkway Airport-Pulling Road to Santa Barbara Boulevard Pine Ridge Road to Golden Gate Parkway Golden Gate Parkway to US 41 Airport-Pulling Road to 1-75 The County has declared as "constrained" the followinq se.qment: Vanderbilt Beach Road US 41 to Gulfshore Drive 19 iAGENDA ITEM NO. 12 A1 October 13, 1998 Pg. IC~ A1.2 Level of Service "D" peak hour, peak season on all other County arterial and collector roads, however any section of road may operate at Level of Service "E" for a period not to exceed two fiscal years following the determination of Level of Service "E" in order to provide the County with time to restore Level of Service "D" by making appropriate improvements. Development orders may be issued during the two year period to the extent their issuance is consistent with Policies 1.5.3 and 1.5.4 of this Element. A2 State and Federal Roads: EXISTING RURAL AREA 1-75 B US 41 C SR-84 C SR-951 SR-29 D C SR-82 D C TRANSITIONING URBANIZED AREA URBANIZED AREA C C D D D D D D A3 A3.1 County Surface Water Management Systems: Future "private" developments - water quantity and quality standards as specified in Collier County Ordinances 74-50 and 90-10. A3.2 Existing "private" developments and existing or future public drainage facilities - those existing levels of service identified (by design storm return frequency event) by the completed portions of the Water Management Master Plan as listed in the Drainage/Water Management Subelement of the Public Facilities Element. A4 A4.1 County Potable Water Systems: County systems · I '3.~-, n,'~ll,-,n~, mmr day-pec-eaCt'- ,.,i, ,, ').~ o/_ ~,-,,. County Water District - 185 gallons per capita per day Goodland Water Dist~'ict - 163 gallons per capita per day A4.2 City of Naples = !50 !63 gallons per capita per day City of Everqlades - 163 gallons per capita per day in incorporated service area A4.3 Private potable water systems: Sewage flow design standards as identified in Policy 1.3.1 of the Potable Water Subelement of this Growth Management Plan. A5 A5.1 County Sanitary Sewer Systems: County systems: ::, ....... par day par cop!to ""'" North Sewer Service Area = 145 gallons per capita per day South Sewer Service Area = 121 gallons per capita per day 20 AGENDA ITEM NO. 12 A1 October 13, '1998 Pg. 20 A5.2 A5.3 City of Naples = !50 ,121 gallons per capita per day Private sanitary sewer systems: Sewage flow design standards as identified in Policy 1.2.1 of the Samtary Sewer Subelement of this Growth Management Plan. A6 A7 County Solid Waste Disposal Facilities: A6.1 1.10 tons of Solid Waste per capita per year A6.2 Two years of landfill lined cell disposal capacity at present fill rates A6.3 Ten years of landfill raw land capacity at present fill rates County Parks and Recreation Facilities: A7.1 Regional Park land A7.2 Community Park land A7.3 Recreation facilities Category El Public Facilities: B1 County Library Buildings B2 B3 B4 = 2.9412 acres per 1,000/pop. = 1.2882 acres per 1,000/pop. = $179.00 capital investment per capita (at current cost) · 0.33 square feet per capita County Library Collection · '!..20 1.30 books per capita County Jail · 0.0024 beds per capita County Emergency Medical Service · .000068 EMS units per capita Amend the Schedule for Capital Improvements Category A & B Projects Tables as follows: AGENDA ITEM NO. 12A1 October 13, 1998 Pg. 21 I- Z t~J ~J ..J bU I-- Z _J .J 0 0 0 0 Z 0 .J 0 · ~ 0 ~J Z UJ 0 ..J UJ k,,. 0 ,.3 ..I 0 -' 0 0 ~ o 0 0 0 0 0 0 8 (:3 8 8 0 0 0 0 .J UJ I-- Z ..~ 0 .J .J 0 UJ ~,~o o-o e,.t 0 > C) .~_ o n'I- U.J Z ILl Z 14.1 o Z 0 0 0 0 0 0 0 0 0 0 Z UJ UJ I,- Z LU UJ 0 n -J Z 0 .J 0 Z UJ UJ Z UJ o ..,I 0 z _J .J 0 "3 0 UJ LU 0 0 0 n o ~t > >- , Z o >- )- Z o .J o U 0 0 0 0 U U U U o o o U U o~ U U >. ~ o n, n Z n~ I-- m Z LIJ UJ ~J > >-oo o "~ ~ >. >. U .J ° LU uJ o o 0 o ~_gz 0 u. Z Z 0 0 0 0 0 0 U U U U U U G z~ 0 0 0 0 0 0 uJ UJ 0 0 0 LU L~J UJ ~J UJ ~J LU LU UJ UN UJ L~J .J -J .~ .~ ..J ..~ 0 0 0 0 0 0 0 F- _J 0 BJ UJ zO~ 0 0 rr '$~ o : ~ ~ E 0 0 0 ~ 0 o Zl n n UJ U zi U 0 0 0 0 0 UJ 0 UJ u u. ~ 121 ul UJ W W LU 0 n COSTS & REVENUES BY TYPE OF PUBLIC FACILITY (XII) In the table below, the left column itemizes the types of public facilities and the sources of revenue. The center column contains the 5-year.(FY98-02) amounts of restricted revenues, The right column ~s a calculation of the deficit for each type of public facility. All deficits are accumulated as a subtotal. Below the subtotal deficit is the source of additional revenue that will be used by the County to pay for the deficit in order to maintain the standards for levels of service listed in CIE Policy 1 1.5 COUNTY ARTERIAL & COLLECTOR ROADS LESS Available Revenues: Gas Taxes Road Impact Fees Carry Forward Miscellaneous State Reimbursements $61,169,000 29,265,000 31,268,000 2,164,000 275,000 Surplus* $94,847.000 124,.!41,000 29,294,000 STATE ROADS NETWORK LESS State/Federal Gas Taxes Balance 300.000 300,000 0 DRAINAGE PLANS AND PROJECTS Less MSTU Bonds Developer Contributions S FWM D DEP Naples 13,058,000 1,288,000 5.725,000 1,126.000 1,002,000 WATER & SEWER SYSTEMS LESS System Development Fees/User Fees SOLID WASTE/LANDFILL Deficit Balance Balance 27.785,0OO 22,199,000 (5.586.OOO) 51.887.000 51,887.000 0 PARKS & RECREATION LESS Available Revenues: Park Impact Fees Boating Improvement Funds Bond/Loan Proceeds 14,952,000 500,000 14,100,000 Deficit 30,376,000 29,552,000 (823,800) AGENDA ITEM NO, 12 A1 October 13, 1998 Pg. .~2 EMERGENCY MEDICAL SERVICE LESS EMS Impact Fees JAIL Less Bond/Loan Proceeds LIBRARY Buildings Collection Total Library Costs LESS Library Impact Fees 5,604,000 _3.940,000_ 9,544.000 GOVERNMENT BUILDINGS FIRE DISTRICT Isle of Capri Ochopee Subtotal Deficit of Restricted Revenue vs. Costs** ADD Unrestricted Revenues: Ad Valorem Taxes Deficit Balance Deficit Deficit Balance Balance 3.156.000 1.879.400 (1.276,600) 6.756.000 6,756,000 0 .5,259,800 (4,284,200) (1,220,000) 0 0 0 (13,190.600) 13,190.600 0 Notes: ' Funding for non-CIE transportation projects and reserve for future CIE projects. *" Excludes transportation restricted surplus. AGENDA ITEM NO. 12 A1 October 13, 1998 Pg. .~.~ I II. PREPARED BY: Y.~,,-- '--'~ ,'~;""-')' ~ '--,--- DATE. MARY LEE LA.___YNE. ,.~N, NER 11 _ ~--~,,--/ /.. ,~'~1~L~ DATE: STUN LITSlNGb-R. AICP. I:::;~INCIPAL PLANNER BARBARA A CACCHIONE. AICP COMPREHENSIVE PLANNING MANAGER REVIEWED BY: _~ DATE: ~- /' /¢~ BO13 MULHERE. A. ICP PLANNJ4qG SERVICES DIJ;~E'CTOR~, ~ ,Y~l~E/f'J~r ,~' CAUTERO, AICP ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION RECOMMENDATION: CCPC re:cmmend forwarding Ine CI~ lo the Board of County Commissioners w~th a recommendation of transmittal to the Department of Commumty Affa~,s .F - .; /- PREPARED BY: REVIEWED BY: 1998 CIE Amer'drnont .This petttlcn has been advertised for the October 13, i998 BCC meeting. COLLIER COL~NI'y PLANNING CO,%MISSION MICHAEl. A. DAVIS, CHAIILMA~ AGENDA ITEM NO. 12 A1 October 13, 1998 Pg, __54__ .MEM()RANDUM TO: C()I.LIER COUNTY PI.ANNIN(; COMMISSI()N FRO,%I: COMMUNITY I)EVEI.OPMENT & ENVIRONMI:NTAI. SERVICES DIVISION. PI.ANNING SERVICES DEPARTMENT. COMPREI'tENSIVE PI.ANNING SI .C'I ION DATE: 5;eptember I. 1998 RE: PLTI ['ION NO. CP-98-01. GROWTtl MANAGI:MENT PI.AN AMENDMENT A(;ENT/APPLICANT: ,,',,gent: Bruce Anderson. Esq. Young. VanAssenderp. Varnadoc. P.A. 801 l.aurel ()ak Dr.. Ste.300 Naples. Florida 34 lOC/ D. Wayne Arnold. AICP Wilson. Miller, [)amm & Peck. tnc 3200 Baile.,, [.an,... Suite 200 Naples. Florida 34105-8507 Ov, ncr: (;-4 Partnership fBarron Collier Partnership) 26.10 (;olden (;ate Park,.,,a>. Nuite 115 Naples. Fh)rida 34105 GEOGRAPHIC LOCATION: The subject properb. containing 31 acres more or less. is located on the northcast corner of Pine Ridge Road andGoodleue-Frank Road The parcel liesv, ithmthcNorthNaplesl)lanningCommunitx. ,REQt;ENTEI) A('TION: This petitioner seeks I) Amend thc existing Future l.and t Ise Element and Map of thc Collier Count.', (;ro,.vth Management Plan to allow the creation ora "Go¢)dletle Proc Rid,..:,e Comn~crcial lnfil! .Sub- District" to the "Urban-Commercial District" for specified lands {31 - - acres). The proposed text change adds language under the "Urban-Commcrcml District. page 1.1~-l-38. Section B as follo,,,.s: Goodlctte/l'ine Ridge Commercial lnfill Suhdis/rict This subdistrict consists elc31 acres and is located at the northeast quadrant oflx,.'o major arterial rond,.vavs. Pine Ridue Road and Goodlette-Frank Road. In addition to uses allm~ed in the Plan. the intent el thc Goodlette Pine Ridge Comrr~ercial Infill Subdistrict is to provide shoppin,_,.. personal services and emploxment for the surroundin,, residential areas x~ ithin a convenient travel distance. The subdistrict is intended to be compatible with nearbx residentinl development and therefore, emphasis will be placed on common buildin~ architecture, siuna,_,e, landscape desi.qn and site accessibility for pedestrians and bicyclists, as ',,,ell as motor vehicles. Access lo the Goodlette.'Pine Ridee . .Commercial lnfill Subdistrict may feature a traffic AGENDA ITEM NO. 12 A1 October 13, 1998 Pg. 55 sig. nali/ed access point on Goodleue-Frank Road. ,.,.t~ich mas pro,. idc For access to thc neit~hborin~ Pine P, id~,e Middle School. Other site access locations ~.~ ill be desiuned con,istent ',vith the Collier Count', access mannuement criteria. Dc,.elopmcut intensity v.'ithin this districl :,, ill hc limiled to sinule-storn retail commercial uses. ,.,.hile professional or medical relaled oflices, includinR financial institutions, rna,. occur in three- stop. buildinus. A maximum of 275,000 square feel ul'.Kross leasable area for retail commercial and office and financial institution development ma,. occur within this subdistrict. Retail commercial uses shall be limited to a maximum ot' 125.000 square feet of ,.zross leasable area on south -'-23 acres. No individual retail tenant ma,. exceed 65.000 square feet of uross leasable area. Unless other~vise required hv the South Florida Water Manauement District. the .g7- '- acre wetland area h~catcd on the noiqheastem portion of the site ,.,.'ill be preserved. GOODLETTE/PINE RIDGE COMMERCIAL INFILL SUBDISTRICT 56 AGENDA ITEM NO. 12 A1 October 13. 1998 Pg. ~6 I 1 ------, I I 57 rAGENDA ITEM NO. 12 A1 October 13, 1998 Pg. .~? PURPOSE/DE.gCRIPTION OF PROJECT: The petitioner proposes to add a new land use designation for a specific Rite so as to allo~,, retail and commercial oflice u'.~s on a 31 acr~ site on the no~heast c'orn~r of Pin~ Ridge Road and (hmdlettu ['rank Road. The "GoodlcuePine Ridge Commercial Infill Subdistrict" would alk~ sin~le-stor~ retail commercial uses and up lo three-story prolgssional or medical related oJ'l]ces. 275.000 square l~et or,ross leasable area lbr retail commercial and office development could OCCLIF ~ilhin this subdJslrict. Specificall). a n~aximum of 150.000 Sqtiar~ feg[ of office space and a JJJa~lJilJJJ]l OJ' 125.000 square f~ct of r~lail commercial uses ~ould be permitted ~ith any individual retail tenant to be allowed up to 6~.0~(~ square foci o1' ~ross leusablc area '['he abo,~e parcel iR designated Urban Mixed {.'sc'Urban Residential Subd~stnct. Appr~.~ximatel~,. tiftecn acres of the propcn), immediatcl? adjacent m the corner of (hmdlctte Frank Road and Pine Ri~ Road. is zoned RS-3 and allu'~s single tamily homes. 1 h~ rumainin~ filieun acres, alon~ (m,~dlctte-I-'rank Road. is zoned Rural A?icul:ural lA) and permits single famil~ homes and a~ricuhural uses. 'l he cnt~ru propcn~ is currcntJk vacant. ' - - S[~RR()UNi)IN'(; LANI) U.'sE, Z¢)NIN'(; AND Fi;Ti!RE I.ANI) USE I)E.~I(;NATI()N: Existim, Conditions: '['he nc)nh sixteen acres of the s~t¢ is zoned Rural Auricuhural l)islrict IAI alhm, ing I du ~ acres and the south I~ acres ~f'thc ~ite is zoned Residential Sin~le Famil~ [RSF-3)allm~ in~ 3 du acre. The propcn~ is presvntl~ vacant. Thc entire 3 I acres is designated Urban Mixcd-t;sc District ['rhan ~e,idcnt~al Sub-dis(riot. .~ u rr(~u n d in,.., [,and Norlh: h'nmedialel,, ad. jacent ;~re t~, planned church sites/m~cd Rural .A~ricuhural and just north of the church sites ~s a ne~ residential de~elopmcrlI kno~ttl ah .,~utumn Woods PL.:D ~ hJch i, designated []than Mixed Use J~rhan Rcshlential guhdistr~cl. Pine Ridge suhdi~,ision ale',eloped ;.iR single famil~ d~ellin,., unto, and zoned Rural Agricultural IAI and is designated I;rban Mixed [',e t'rb,m Rvsidcntial Subdistrict [iasl: Norlh Naples ['ire Statl~,n and thc Naple,, .,\r,.:a Boi, rd of Realt~r, zoned ('- I. Pine R~dgc Middle School ~ ithm a Rural Agricuhurlll (..~)/onin,~ d~strict Ibc properties' dcsignalcd land usc is I'rban Mixed {'sc l'rban Rc~idcnli,~] Subdistr~cl. Moorings l'ark Estates Pt:I) de,,eloped as sinulc famil', dv, cllin~ units ~,.hich is designated kind use ~s t'rban .Mixed t:rban Residential .'qubdistnct. · ";TA F F .&NA I.VSI.S: Environment;~l hnpacts: '}"he Natural Rcs~urct. s Department has re~ ic~ed the proposed plan and finds no consislenc~ isstlcs regarding the proposed amendment to thc Future l.and t :sc [{lement. 5~ AGENDA ITEM NO. 12 A1 October 13. 1998 J Pg, 5~ 'Frat'fic Capacip. 'Fr,ll/ic Circulntion Analx sis: Staff has revic:,,cd the applicant's traf'fic impact infim, ation and has made the f'olh,.,, m~ dctcrmm,~t,m Thc IT'E Trip Genc'ratinn Manual ind catch Ihal thc proposed commercial usus ~ ill result in thc f'oJJo~ H1~ site generated trips: Shc, pping Center (I 25.000 s.f.) (;choral Office [I 50.000 s.f.) TOI'AI. I'RIPS: 5.233 Average Weekda.,, Trips ~,150 A~,cra~e Weekdax Trips 7.383 ,,',.',,'eragc Wcekda.,, 'Trips The site generated trips are adjusted to account as follo,.,,s: Fhe ITE l'rip ,L~eneralion Nlanual indicalcs ~hat the trip, may be reduced bx 4~ percent to accotmt [br passer-b) traffic. This estimated capture rate means that nearly 4o°o of the tramc coming m this site would bc passim, thc result, the site ~cncratcd traffic is estimated at 3.765 Axcra~c Wc~'kdax Trips. Based on dlis ddla. thc ~itc generated traffic x~ ill exceed the significance test standard ~5 pcrccnl the 2 lane scgmcm of Goodlcnc-Frank Road no~h oF Pine Ridge Road after trip assignments and ad ustmenl~ are made ttox~excr, this project will not lox~er thc lcx~l "D" standard t~ithm the prn cct's radius ,l' dcxclopmcnl intlucnce (RDI). ('-n~crsclx. thc siic ~cncra~cd traf'fic will not cxcccd thc signilicancc test standard (~ percent of lane sc?~cnt of'(hmdlcue-Frank Road or th~' 4 lane segment of' Pine Ridge Road. The i"ral'fic ('irculalinn ['~lemeni {'l'('li) describes ibc segment .f (i(mdlcltc-t-'rm~k Rnad (no~h of Proc Ridge Rnadlas a 2 lane road ['he current traffic count fi~r this segment is 16.799 AI)'I ~hich rcsult~ in [.()S "B" opcr;mon. Il shnuld hc noted II, at this segment is projected tn se?~cnt is planned t,~ bc improved to a 4 lane I';IciIiI~ h)2OO(), thc Ic~cl ~.l and ~.2 or'thc lC [.. In the exeni thai (h,~dielte-t-'rar~k Road is not impro~.ed io a 4 lane filcilitx as planned. Ibc ~ltC ccncrmcd trips x~ould si?il~c'anll) impact this projected dcllcient 2 lane segment In Ihih c~cnt, the proposed shnuld bc phased to limit lilt site ~encratcd ~rip, tO a Jc~cJ bclox~ 5 percent ~,f fi~c l.('lg "C- design capacitF fi,r this sc?~ent. In addition, thc deficient road ~ould be hUhlCCt Io C~mc'urrcncx %lana~ement Commercial Demand Analxsis: Thc pclilmncr II~d prepared and subnlitted a market l~'asihilil} and demand ;in;il> ~i~ Ik~r demand tk~r a ct,mmc:'cial nci~i~horhood support center duc to thc ~rt~pc~ 's Iocatit,n near pl,mncd residential c~,mnlunitieh. /~ccordlm~ to thc pcI~:m ]cr's market IL'asibilii,, stud) ibc current retail demand ir1 Ibc lx~o miic prm~ar) trade area td thc xub. lv~l propen) is approximatel) 1.2t) m~lhon square foci o1' retail space. ]'he suppo~abJc retail square l~'cl fi,r t:~c subject propcnF's primarx trade area x~as then increased l?om 1.29 million to I z~ million square feet of total retail demand bx l~cto~in~ m a xacanck rate of 7°o and a capture rate OJ' 3fl°~, Thc studx bx thc pctHioner included an in~mtor~ o/'~X~slm~ squd're feet of retail space t,f approxm~aielx 1.53 million square fcct x~ ithm thc I~ O mile prlmarx Ir&lc area. Jean mga dclicit oF cxiqing retail square l~'et ot'267.t)giL Fhc report contends Ihal the chan~c to commercNfl is justified based on these lindln~s. [tox~e~cr. tt~e rcporl did not include all existing rctgil space m its in~cntorx. Mo,t notablx, the inxent~rx excluded all regional retail centers, restaurant, and scr~ icc stations and on'Ix accounted I~r 10 acres of potent/al undc~ eloped retail space in the tx~o mile area. 'l'hc petitioner's fi/~dm~$ and staffs analx si5 of the same Ix~o mJlc primar;, trade area and the No~h Nap/cs and Central Naples Iq;Inmin~ ('or~lmunitics ;Irc summarized bcl,~ fi,' comparison; AGENDA ITEM NO. 12 A1 October 13, 1998 Pg. 5() Two Mile Two Mile "North Naples '*Central Naples Primary Trade Primary Trade Planning Planning Area Area Community Community * COUNTY PETITIONER STAFF Existing Retail 1.526.476 sq. ft. 2.043.173 sq. ft 3.454.847 sq. ft. 1.607.761~ sq ft Commercial Square Feet Commercial 10.39 acres 211.60 acres 358.3o acres 125.4¢) acres Zoned Potential Retail Undeveloped Acres '*/99- [[l~r~'t ('~dttlot*~ .~lt~t~ ('o'tl/~rt'/~'rllt~t' /'/~l~IHt~,.~t't ('ommltH~l~ [)t'~t'/tt/~t~t'tll tllld /.~l~trorl~n~'Htcl/.~'t'r~c't'~ There is a significant difference in the findings of thc petitioner's market stud.,, and stat'l's :malx sis Thc reasons fi~r these differences are outlined belo,.v: As noted above, thc petitioners cxcludcd in their study's invcntor? much of thc rcgit,nal retail square feet planned for and existing in the stud,,' area. Thc petitmncr identified total demand for retail space a,, 1.77 millmn in ~hc prm~;~r trade area x~ h ich x~ould include all retail at an~ scale, but ~hcn anal5 zing a~ailablc zoned propc~5 to mcct that demand, thc analxsis excluded most rcgitmal ccnlcr~ and thc suppl5 of retail properties accounted fi~r x~crc those identified ils scrx nc~ghb~rhood retail needs. Stan,/alone restaurants such as fast food restaurants and service stations x~ crc cxclm, ted from thc petitioner's inventor5. Considering that thc proposed change ctmhl allow such uses. stafCs estimate of existing retail square tkct includc~ thc~c LJSCS Addition;ill,,.. the tx~ mile primary trade area as defined in thc petitioners market stud5 ~s contained in thc Norlh Naples itlld C'cnlrill NapIe~ Planning ConlnlllDiticq Thc retail COlllnlcrciaJ dcxch~pmcnt ~n both of these planning communittcs is hca~ iix concentrated m ch,sc prox,nit5 Io Ibc primar5 lri~dc area lhcrc ,~rc three acti~ iix centers x~ ithin txvo miles of the subject propcn5. 'I hrcc conlmunit5 shopping centers arc located at Pine Ridge Road and Airport-Pulling Road and a planned, but )ct undeveloped, t'ubl~x shopping center will be located at Goodlette-Frank Road and Vanderbih Beach Road. [tolh thc~c Iocalions arc within 1.5 milcs l'mm thc site. l.ess thana':mile from the subjectpropen3 isl'incAirl.akcsl'UDa~x~cll as multiple sh{*pping opptmunitics along [ 'S 4 I and Pine Ridge Road The petitioner proposes to do, clop a "Commercial Neighborhood Support Center" to prox ide convenient neighborhood shopping and cmplo)meat oppommitics for residents li~ing in thc surrounding area scale of the pro.jeer proposed is significantl5 higher than a tspical neighborhood shopping center as illustrated bclo~v. 6O AGENDA ITEM NO. 12 A1 October 13. 1998 Pg. 60 PROPOSED EXISTING/PLANNED EXISTING/PLANNED DEVELOPMENT "Commercial Neighborhood Support ('enter' (Acres/Sq. Ft Developed) GOODLETTI-Yl'LYE RIDGE DEVELOPMENT Commercial Neighborhood Shoppblg Center (A cre.~Vq. Ft. Developed) LEL 1' DEVELOPMENT Communio'/Regional Shopping Center 64cre~Vq. Ft. De~'eloped) C-IRILLO.~' COMMERIC,IL INFILL 3 ! Acres 2?5,000 ~q. ft SQ t..:.l RE 5.32 Acres 46.850 sq. ft 24.01 Acres 282.413 sq. ft KI.Y(,:¥ L..I KE .5'(,.1l '..I RI'; 1fl.15 85.425 sq. fl PI.YE RIDGE (_'RO.¥.WXG 32.5(} Acre,, 270.812 sq ti GREE.¥ I'REE CE.%TER _7._8 Acres 58.378 sc1. ft. BERK.¥111RE L..I 42.50 Acres I qg.(}O0 sq. .Y/_',V6',.I TI': ('ENTER 909 Acres 83.000 sq. ft. !:-I 17LLIO.%' 24.35 Acres 168.667 · ,! IRPOR T PL..I Z.1 .l Acres 25.(100 sq. fl. ,%;,! PL E.¥ /'L.IZ.I 20.13 :\crc'., 337.230 sq ft. Thc petitioner's market slud.x pro. jeered that lite Collier County office market will demand approximatcl', 150.000 square feet of oflice space per .,,'car throu,zh_ the x car ';'000. The current suppl.,,' of space sho,a s [hat 1907 vacanc,, ri'tlc., ~.'. err at a ten year Iow of 10.g°o. The'/9'9-.[[tll'~U! ('rmdition.~ .q'lltdl' identified a need for 29(I acres t:~I'oI't](.c space in the urban area by build(mt The Countx has not conducted space anal,, sis for comparison. Appropriateness of Chanlze: The petitioner also contends that the propcrl.', is not ',',ell suited for residential de,,clopmcnt due to, its size. configuration, ad. iaccnc? to m'o major roadv, axs. :,nd impact from a I0(}' [:[:'1. eascntcnt itJtHl~ (ioodlettc- Frank Road. As permitted under thc current future land usc dcsiunation, the subject propen.,. ~ould be developed for single l'amib, residential ',~ ith up It)Ihree dx~elliniunits per uross acre. '6,'ith densit,, bonuses (affordable housing provisionl, up lo ele~,en d~elling units per gross acre ~ould be de~cloped. This use is compatible x~ith thc existing residential development within thc ['inc Riduc subdixision to the west. Mooring~ I'ark PUD to the south and Autumn Woods PUD to the north of thc ~u&ject property. Like the subject propcn5' ~oth the Pine Ridge subdi~ ision and Moorinus Park PUD are adjacent to txvo roadx~a~s and thc Autumn Woods PUD on Goodlcnc-Frank Road'is impacled bx the loft FPL easement. Nonresidential uses such as private or public schools, churches, recreational and public fiqcilities, child care or adult living facilities and social or fraternal organizations could be developed on this site as well. These nonresidential uses are compatible with the uses immediatel5 adjacent to the north (m'o planned 61 AGENDA ITEM J NO. 12 A1 October 13, 1998 Pg. 61 church sites.} and to the east [Pine Ridge Middle School. Board of Reahors and a lire stationL The size and configuration of the property u,'ould not inhibit the development of nonresidential uses and v, ould be consistent u,'ith the development pattern of immediately ad acent properlies to the north and east. FINDINGS AND CONCLUSIONS: .qtaff analxsis indicates there is no ctirrcnl shorlagc -f cxi',ting ret;iii space in thc pr;mar.,, trade area and there is an adequate amount of vacant space appropriate for retail development in the ft,turc. The zoning of approximately 15 acres of the 31 acre property (at corner of Pine Ridge and Goodlettc- Frank Roads) ,,~ as changed from Ct to RS[:-3 in the Countvv,'ide/(ming RL. evahmtion Pr<~gr;,m. ]'he magnitude and scale of this project of 275.000 commercial square feet is similar to thc scale of Activit5' C'ente~ development. '[he subject propen.x v, ould not meet Acti,,ity Center spacing criteria (at least 2 miles fr,~m the nearest Activity C'enlerL The site is v. ithin tx~o miles (,fthrcc Activit.', Centers. Thc fifteen acre pr~rtion oflhe propcrl.x immediatcl.,, adjacent tt~ Pine Ridge Road and (;oodlcltc-i.'rank Road is equal m depth lo the commercial properties along Pine Ridge Road I<* thc east. Office dc~clr)pmcnt <)n this pommn of thc propc~) currcntl5 zoned RSF-3 ~ot]ld be compatible x~ ;th existing development lo thc cast of thc propc~5. Residential and nonresidential de,.'el,*pment options, compatible with surrounding land uses. remain for the norlh 16 acres ;is outlined in the analxsis abo,.c. "{'he site generated trips fi~r this project v, ould signilicantl.,, impact Goodlette-Frank Road. ,,~ hich is projected lo be deficient as a n,,o lane segment by IOqO. Iht prqiect as proposed x~ould need to bc phased lo Im~it ~}~c site generated trips to a level below 5 percent of thc l.OS "C" design capacit5 for thru segment. The proposed pro oct would have to be phased to coincide x~ith improvements to Goodtettc-FranL Road to maintain appropriate Icx cl of scrx icc. Ibc I'II. l rip (;:'ncration Manual indicates that the proposed commercial uses x~ill rcsuh in 7.383 site Reneraled trips daily. Off]ce park t> pe dcxelopment containing general office buildings and financial institutions x[ ilh limited support serx ices such as. rc~taura~lts, drx cleaners and barber shops would ha~c less tral Iic illlpilCt than the proposed prt~icct and ~ ould resuh in 3.140 site generated trips. l'he ('Dent',. ',, ul ban area ~ ill demand approximatcl:, 200 acres lk~r ofllcc space up ID the time of huildoul. 'Ihc petitioner pro. jeers anccd for 151;.f}t){} ~quarc l~'ct of tfl'l~¢c space per .x car throu._,h thc ,. car STAFF RECOMMENDATION: Staff finds that thc u.,cs under tt~c Future [.;md Llse [!lcment adopted October. 1007 arc appropriate and include the folio'.,, ing uses: * Residential (base of 3 units per acre and up to I I units per acre allox~'ed '.,.;th affordable housing densit.,, bonus} · Institutional (to include adult living facilities, child care. churches, prixatc and public schools, social organizations, public and recreational facilities) In addition to tile aboxc uses. office space development on this site v, ould be appropriate based on the 62 [AGENDA ITEM IND. 12 A1 I October 13, 1998 lPg. 62 properLv's central location in lhe urban area. as well as. Ihe estimated need of 150.00(I square feet of ncx~ office space per year by the year 2000. Staff recommends that the proposed change as submitted by the petitioner be chan~ed to the Goodlette'Pinc Ridge Office and Institutional Infill Subdistrict and that thc lan,-,ua,.2,¢ be amended to office and instituti(,nal uses as written below. Staff recommends that thc CCPC I'~rx~ard ('P 98-1 as amended to the Board of County Commissioners ,.vith a recommendation of transmittal to the Department of Community Affairs. This subdistrict consists of 31 acres and is located at the northeast quadrant of t:~o major arterial ro~dv,'avs. Pine Rid~,e Road and Goodlette-Frank Road. In addition to uses allo,.,.ed in the Plan. the intent of the Goodlette'Pine Ridee Office and Institutional Infill Subdistrict is to provide professional and personal services, as well as employment for the surroundin,_, residential areas ',vithm a convenient travel distance. The subdistrict is intended to be compatible :vith neath,, residential development and therefore, emphasis will be placed on common buildin~ arci~itecture. si.qnat2e, landscape design and site acccssibilitx for pedestrians and bicxclists, as '~,.'ell as motor ,,chicles Access to lhe Goodlette Pine Ridue Oflice and Institutional Infi]l gubdistrict max tk'aturc a traffic sivnalizcd access point on Goodlctte-Frank Road. v, hich ma,, pro,. ide for access to the neit'hborinq Pine Rid.Re Middle School. Other site access locations x~ ill be desi,_,ned consistent ,.~ ith the (',~tlicr County access manat~ement crilcria. Dc~.elopmcnt intensity ,.~.'ithin this district v, ill be limited to institutional use,, and professional or medical related offices, includinv financial institutions and max occur in up to three st(m, buildin,,s. A maximum of 275,000 square fi:et of,_,ross le~,scablc area for office, institutional and financial institutions ma,. occur within this subdistrict, t:p to 25.000 sqt,are l~'et of the ,-,ross leascabk.. :,rea may be de¥cloped as support retail commercial for personal scr,.ice uses such as restaurants, dry. cleaners, and barber shops. t;nless otherwise required b~, the South Florida Water Mana,_,ement District. the .87 - - acre x,,elland area located on the northeastern portion of the site ,,,,ill be preserved. 63 JAGENDA ITEM NO. 12 A1 October 13, 1998 Pg. 63 Amy Taylor/J- Planner II Chief of Compreher~ive Planning REVIEWED BY: ~ DA-f~k; ..,, PI ' er'vices Dix~tor · APPROVED BY :~/~/~~/'~ ~T)ATE: V,~fd'~t ~.'"Cautero. Administrator Community Development & Environmental Services PETrrION NO.: CP-98-1 Staff Report for Septemberl7, 1998 CCPC Meeting. NOTE: This petition has been advertised for the October 13, 1998, BCC Meeting. COLLIER COUNTY PLANNING COMMISSION: Michael A. Davis, Chairman 64 I"AGENDA ITEM NO. 12 A1 October 13, 1998 Pg. 64 WILSON MILLER 3200 Bailey Lane, Suite 200 Naples, FI 34105-8507 Phone: (941) 649-4040 April 23, 1998 YOUNG, VAN ASSENDERP & VARNADOE, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108 Phone: (941) 597-2814 Mr. Robert J. Mulhere, AICP Planning Services Department Director 2800 North Horseshoe Drive Naples, Fl 34104 Re: Application To Amend The Collier County Growth Management Plan Dear Mr. Mu/here: R_ Bruce Anderson of Young van Assenderp, and Varnadoe, P.A. and Wilson Miller are authorized agents for the G4 Partnership. We are respecffu/ly submitting a site specific appl/cat/on to amend the Collier County Growth Management Plan, Future Land Use Element and Future Land Use Map. The amendment application proposes to create a new land use subdistrict designation rifled, "Goodlette/Pine Ridge Commercial Infill Subdistnct. ]'ne 31 acre properv.,, which is the subject of this amendment is located in the northeast quadrant of the intersection of Pine Ridge and Goodlette-Frank Roads, in Section 10, Range 25 East, Township 49 South. Enclosed is a check in the amount of $3,930.00 for the required application fee. A general location map highlighting the property and surrounding land uses is included in the application packet for your reference as Exhibit IV.A.I. A complete legal description of the property is attached as Exhibit II.A. The property lies immediately west of the Pine Ridge Middle School, First Baptist Church and North Naples Fi. re Station east of Goodlette-Frank Road and north of Pine Ridge Road. The 31 acre property is currently designated Urban Mixed Use, Urban Residential Subd/strict on the Future Land Use Map and permits a density of 3 dwelling units per acre. A more detailed analysis of surrounding land uses is prov/ded below and is depicted graphicalJy in Exhibit IV.A.3. The adopted Growth Management Pla~ contains two policies relative to redevelopment of property along this corridor. PoLicy 4.4 identifies the need for corridor management plans to be Prepared for four roadway corridors, including Pine Ridge Road fi.om U.S. 41 to Goodlette-Frank 65 'AGENDA ITEM NO. 12 A1 October 13, 1998 Pg. 65 Mr. Robert Mulherc Letter April 23, 1998 page 2 of 9 Road. The intent of this policy is to establish appropriate urban design objectives for the corridor. Policy 4.7 is a new policy which provides for the Board of County Commissioners to adopt alternative land usc plans, modifications to development standards, and incentives that may be necessary to encourage redevelopment. Further, this policy permits changes to the density and intensity of uses on properties having been affected by thc Zoning Reevaluation Program. One of the specific areas identified in the policy for consideration is Pine Ridge Road between U.S. 41 North and Goodlette-Frank Road. Approximately 15 acres of the subject property was downzoned from commercial during the 1992 zoning reevaluation program. Existing and Surrounding Land Use Patterns 'Fine subject property is undeveloped and is located at the intersection of two of the County's busiest arterial roadways: six-lane Pine Ridge Road and soon to be four-laned Ooodlette-Frank Road. Nearby properties are largely developed with a pattern of commercial, public facility, community facility, and residential development. The property is severely impacted by the presence of the 100' wide FP&L power trammission line easement which transects the property paralleling G(x<llette-Frank Road for the entirety of the property's frontage on this road. This major transmission line powers nearly all of the urbanized area of Collier County. FP&L restricts use of the easement to access and limited low-level landscaping opportunities, which essentially leaves a narrow remainder building envelope ranging from 600' to g00' in depth along the Goodlette-Frank Road frontage. The combination of noise and visual related traffic impacts from the two bordering major arterial roadways, the 100' ,aide FP&L power transmission line easement, and the remaining narrow property depth render the property unsuitable for residential development. Given the surrounding development patterns and high visibility at this major intersection, commercial uses are logical and compatible for this infill parcel. The property is divided by two zoning district boundaries. Approximately 15 acres of the property are within the RSF-3 zoning district, while approximately 16 acres are zoned A, Agriculture. A schematic of the current land use and zoning patterns is shown in the attached application packet as Exhibit IV.A.3. Lands immediately to the east are zoned A and C-I and are developed with the Pine Ridge Middle School (public facility), First Baptist Church (community, facility), Naples Area Board of Realtors Building (commercial) and the North Naples Fire Station (public facility). The property to the north is zoned A, and is presently undeveloped; however, it is being ~ld as a future church site for the First Presbyterian Church. 66 AGENDA ITEM NO. 12 A1 October 13, 1998 Pg. _ 66 Mr. Robert Mulhere Letter April 23, 1998 page 3 of 9 Further north lies the Autumn Woods residential community which is under development and is intended to contain some 900 dwelling units at buildout. The Autunm Woods project consists of 300 acres and extends to a depth exceeding 2,000 feet from Goodlette-Frank Road. The southernmost portion of the Autumn Woods project will be developed as a church site for the North Naples United Methodist Church, which will abut the future First Presbyterian Church. West of the property lies the Goodlette Road ROW. Beyond the abutting 100% ROW lies the pine Ridge subdivision which is zoned A and largely developed with single-family homes on lots ranging from 1 acre to 5 acres in size. To the south lies Pine Ridge Road ROW. Immediately south of Pine Ridge Road lies the developed Moorings Park Estates PUD (a.k.a. Northgate Village), which has attempted to mitigate traffic-related impacts by installing a 6' high privacy wall along its entire Pine Ridge and Goodlette-Frank Road frontages. To the southwest is an older single-story commercial center which is zoned C-I. The commercial center contains a variety of service and industrial type uses. The primary tenant is a septic tank contractor whose legal non. conforming use of the property does involve outside storage of equipment. A full serv/ce auto repair facility is also located on this site. The larger aerial included in the packet as Exhibit IV.A.2, highlights the extent of development existing or under development within the immediate vicinity of this 31 acre infill parcel. Public Facilities Public facilities necessary to serve the property are currently available at the property. The proposed amendment does not represent a change in residential density or commercial/industrial intensity that would cause the LOS for public facilities to fall below the adopted LOS standards for Category "A" public facilities, therefore no mitigation is required. It is recognized that future land development orders, as applicable, will be subject to the County's adopted Adequate Public Facilities Ordinance. A full analysis of LOS standards and a map of public facilities is attached as supplemental information to this amendment request in Exhibit IV.E. Environmental Conditions The subject 31 acre property was formerly utilized for active row crop agriculture, and contains a .87 acre South Florida Water Management District wetland area, which represents less than 3% ofthe site are~ An aerial of the property from the 1980's is attached as Exhibit IV.C.I., which shows that the property and the lands east of this property were previously cleared and farmed. 67 AGENDA ITEM NO. 12 A1 October 13, 1998 Pg. 67 Mr. Robert Mulhere Letter April 23, 1998 page 4 of 9 There axe no wildlife corridors connected to the adjacent development, and the property is surrounded by exis~fing developments and major roadways. The hydrology has been severely altered, due to agricultural ditches, bem-~s, surrounding development, and other surrounding roadways. Evidence of listed species usage is limited. No threatened or endangered species were observed on site. The gopher tortoise (Gopherus polyphemus) is the only listed species (Species of Special Concern, Florida Game and Fresh Water Fish Commission) known to utilize the site. Burrows were found to be located primarily in the spoil piles that remain from past agricultural ditching. A FGFWFC inciden~ take permit will be obtained prior to consmacfion and the tortoises relocated prior to construction. Other potential species that may utilize the site are found in Exhibit IV.C.3. The property co~isu of two nou-hydric soils, knmokalee fine sand comprises the majority of the site with Satellite fine sand located at the southwes~ comer. A copy of the Soils information is graphically featured on Exhibit IV.C.2. Native vegetation and acreages are listed in the following table. Habitat identification is in aox, or, ce with the Florida Land Use, Cover and Forms Classification System (FLUCCS) and are also graphically depicted in Exhibit IV.C.2. The site has limited native vegetation since it ,.vas previously farmed. Native Vegetative Communities FLUCCS Code Description Acreage 321 Palmetto Prairie 1.17 321 E3 Palmetto Prairie, 50-75% 0.72 Exotics 421 Xeric oak 0.49 ... 621 E1 Cypress, 10-24% Exotics 0.87 Total 3.25 68 AGENDA ITEM NO. 12 A1 October 13, 1998 Pg. 68 Mr. Robert Mulhere Letter April 23, 1998 page 5 of 9 The Collier County Zoning Atlas maps indicate that three wellfield risk management speci; treatment overlay zones have been established on portions of the 31 acre property, due to tr presence of City of Naples wellfields along the Goodlene Road corridor. Regulations pertainir, to non-residential development within these overlay zones is defined in Division 3.16 of ti' Collier County Land Development Code. The ordinance does not prohibit commerci; development within these overlay zones but does establish requirements for any regulate (hazardous generating) development to properly plan and manage their hazardous products. Proposed Amendment Text The proposed amendment would amend page LU-I-38 of the Future Land Use Element follows: G_o_o.g[l.ctte/Pine Ridge Commcrci;al Infi!L,~u.bdislrict This subdistrict consists of 31 acres and is located at the northeast quadrant of two major arterial roadways. Pine RidgeRoad and Goodlette-Frank Road. In addition to the uses allowed in the Plan. the intent of the Goodlette/Pinc Ridge Commercial lnfill Subdistrict is to provide shopping. ~rsonal services and employment for the surrounding residential areas within a convenient travel distance. Thc subdistrict is intended to be coml~tible with nearby residential development and therefore. ~phasis will be placed on common building architecture, signa_ee, landscape design an~l site. accessibility for pedestrians andbicyclists, as well as motor vehicles. Access to thc Goodlctte/Pine Ridge Commercial Infill Subdistrict may fcature,_a Waffic signalized access point on Goodlette-Frank Road. which may provide for access to the neighboring Pine Ridge Middle School. Other site access location~ will be designed consistent with the Collier County access management criter.~ Development intensity within this district will be limited to single-story retail commercial uses. while professional or medical related offices may occur in three story_ buildings, A maximum of 275.000 square feet of gross leasable area for retail commercial and office development may occur within this subdistrict. Retail commercial uses shall be limited to a maximum of 125.000 square feet ofgro~,~ 69 IAGENDA ITEM NO. 12 A1 October 13, 1998 Pg... 59 Mr. Robert Mulhere Letter April 23, 199g page 6 of 9 lcasablc area on south + 23 acrcs. No indMdual rctail tenant may exceed 65.000 square feet of gross leasable area. Unless otherwise required by the South Florida Water Management District. the .874- acre wetland area located on the northeastern portion of the site will be preserved. This amendment will also necessitate an amendment to the Future Land Use Map to reflect the change from Urban Mixed Use, Urban Residential to the newly created Goodlette/Pine Ridge Commercial lnfill Subdistrict. Amendment Justification The 31 acre property is located at the intersection of two major County arterial roadways, Pine Ridge and Goodlette-Frank Roads. The Growth Management Plan currently designates this property as Urban Residential, permitting up to 3 dwelling units per acre for residential development. Marke! Demand The property owner has retained the services of a licensed real estate appraiser to determine market feasibility and demand for the 31 acre parcel. Included with this submittal is a market study for the subject property prepared by Julian L.H. Stokes, MAI, CRE, of Appraisal Research Corporation of Naples. According to the market study, there is no market for residential development at this location. The report cites surrounding land uses, presence of the FP&L regional transmission line corridor, physical dimensions of the property, and adjacency to two major arterial roads as the basis for determining that the property is not practical or economically viable for residential development. The analysis dcmonstratcs a strong demand for a commercial neighborhood support center with a mix of retail and professional office uses due to the site's location near developed and developing residential communities such as Pine Ridge, Autumn Woods, Moorings Park, Monterey/The Crossings, and West Lake. The market study indicates that a retail and office project would serve a primary trade area of approximately 2 miles. This trade area analysis indicates that a current estimated population of 18,000 resides within the primary trade area. The study also highlights the site location as being ideal for retail and office development as it is located at the intersection of two major arterial roadways and has excellent proximity to primary 7O IAGENDA ITEM NO. 12 A1 October 13, 1998 Pg. , 70 Mr. Robert Mulhere Letter April 23, 1998 page 7 of 9 health care facilities and residential developments in the area. The market demand analysi: concludes that there is a net shortage of retail space in this trade area of nearly 202,000 squan feet and a demonstrated absorption of approximately 150,000 square feet of professional offic~ space annually in the County. This is considered a conservative estimate of demand in that th~ market analysis did not include demand for retail space by such users as restaurants, real estat~ professionals, or walk-in medical facilities which are also typical retail center tenants. In summary, the market study concludes that a residential use on the property is neither practical nor economically feasible, due to the site location and site constraints of the adjacent maim roadways and presence of the 100' wide power transmission line corridor. The study doe.~ support and indicate an unmet demand for retail and office development in the pr/mary trade area, in excess of that requested in this Plan amendment. Traffic The six-lane segment of Pine Ridge Road immediately east of Goodlette-Frank Road carries approximately 44,000 average daily traffic trips and by 2002 will carry an estimate 50,000 vehicle trips per day. The current two-lane segment of Goodlette Road north of Pine Ridge carries nearly 17,000 average daily traffic trips. This segment of Goodlette-Frank Road is prograrmned to be four-la.ned in FY 2001. Traffic trips on this segment of Goodlette-Frank Road are expected to increase steadily and by the year 2002 are projected to exceed 40,000 trips per day. While these traffic volumes in themselves do not prohibit residential development, the property's relatively narrow dimensions restrict opportunities to adequately buffer residential development fi.om traffic related noise. This factor is complicated by the presence of the 100' wide FP&L high transmission line corridor which will not permit adequate landscaping and buffering material within the easement to serve as a noise buffer for residential development. Customers and employees utilizing this property for commercial and office development will be provided convenient access to the parcel from a controlled access drive located near the property's northern boundary on Goodlette-Frank Road. This accesS; road may also provide ingress and egress to the Pine Ridge Middle School. Other access points will be designed in a manner consistent with Collier County access management policies. A retail and office development can be expected to capture between 20% to 49% of its customer base fi'om passer-by traffic. Capturing passer-by trips means that actual new trips are lessened 71 AGENDA ITEM NO. 12 A1 October 13, 1998 Pg._ 71 Mr. Robert Mulhere Letter April 23, 1998 page 8 of 9 and captured trips may also represent a shortened trip length providing goods and services in closer proximity to one's home. The effect is that actual trips elsewhere on the traffic network are reduced, thereby providing a reduction to the overall network traffic volume. Surrounding Land Use~ As previously stated, land uses to the east and north of the property are developed or will be developed with non-residential land uses. No residential development immediately abuts the subject property. The property located immediately southwest and across Pine Ridge Road is developed with a variety of business services uses including auto tint and repair and septic lank contracting. These uses are legal non-conforming uses; however, they are permitted to continue operating and are permitted outside storage. The corridor of Pine Ridge Road from Goodlette Road west to U.S. 4I has been specifically identified in two policies in the Future Land Use Element of the Growth Management Plan as an area in need of corridor and redevelopment planning. The development of a high quality, residential-scaled retail and office development can act as an anchor and catalyst for redevelopment and further reinvestment along this corridor. Aerial photographs clearly highlight that this 31 acre site is truly an in-fill parcel. All other lands in this vicinity have been developed or are committed for development. This 31 acre property should be designated for commercial and office uses given the extent of commercial, community facility, public facility, and residential development which has occurred on adjacent and surrounding properties. The property is not well-suited fi.om a planning perspective nor economically viable fi.om a market demand perspective for residential development given its configuration, size, adjacency to two major arterial roadways, and impact from the I00' wide FP&L power transmission corridor which transects the site. The market study concludes that the subject property is an ideal location to satisfy the unmet demand for retail and professional office space within a two mile trade area. Commercial uses are logical and compatible land uses for this highly visible, highly impacted infill property. 72 IAGENDA ITEM NO. 12 A1 October 13, 1998 pg. 72 Mr. Robert Mulhcre Letter April 23, 1998 page 9 of 9 The newly adopted Collier County Growth Management Plan also supports the proposed Plan amendment by its inclusion oftwo Future Land Use Element policies addressing the need for redevelopment and corridor management along Pine Ridge Road fi.om Goodlette-Frank Road to U.S. 41. Development of a specific commercial subdistrict for the subject property will act as an anchor and catalyst for redevelopment and reinvesunent along this corridor. Retail commercial and office development on this site have no negative impacts on Level of Service Standards and result in no mitig,,tion requirements for any public facilities. Please feel free to contact either of us if you have any questions. Sincerely, WILSON MILLER Donald W. Arnold, AICP YOUNG, vAN ASSENDERP & VARNADOE, P.A. R. Bruce Anderson c; Mark Morion, Ban"on Collier Company Alan Reynolds, Wilson Miller 73 AGENDA ITEM NO. 12 A1 October 13, 1998 Pg., 73 Mr. Robert Mulhere Letter April 23, 1998 page 9 of 9 The newly adopted Collier County Growth Management Plan also supports the proposed Plan amendment by its inclusion of two Future Land Use Element policies addressing the need for redevelopment and corridor management along Pine Ridge Road from Goodlette-Frank Road to U.S. 41. Development of a specific commercial subdistrict for the subject property will act as an anchor and catalyst for redevelopment and reinvestment along this corridor. Retail commercial and office development on this site have no negative impacts on Level of Service Standards and result in no mitigation requirements for any public facilities. Please feel free to contact either of us if you have any questions. Sinccmly, WIt,SON MILI.ER Donald W. Arnold, AICP YOUNG, VAN ASSENDERP & VARNADOE, P.A. Bruce Anderson c: Mark Morton, Barron Collier Company Alan Reynolds, Wilson Miller 73 AGENDA ITEM NO. 12 A1 October 13, 1998 Pg. _ 73 APPLICATION FOR A REQUEST TO AMEND THE COLLIER COUNTY COMPREHENSIVE PLAN \PPLICATION NUMBER ~RE-APPLICATION CONFERENCE DATE )ATE SUFFICIEN r DATE RECEIVED 'his application, w~th all required supplemental data and information, must be completed an( ~ccompanied by the appropriate fee, and returned to the Comprehensive Planning Secbon '.800 North Horseshoe Drive, Naples, Florida 34104. 941-403-2400 (Fax 941-643-6968) 'he application must be rewewed by staff for sufficiency within 30 calendar days following the ling deadline before it will be processed and advedised for pubhc hearing. The applicant wil ,e notified in vmtm9, of the sufficiency determination. If insufficient, the apphcant will have 3( Iays to remedy the deficiencies. For additional information on the processing of the application. ee Resolution 91-521 (attached). If you have any queshons, please contact the ;omprehenswe Planning Section at 941-403-2300 SUBMISSION REQUIREMENTS GENERAL INFORMATION Name of Applicant Paul J. Marinelli Company G-4 Partnership (Barren Collier Partnership) Address 2640 Golden Gate Parkway, Suite 115 City . Naples State FL Zip 34105 Phone Number (941'~403-6700 Fax Number ..(941.,}262-8017 Name of Agent ' R. Bruce Anderson 'THIS WILL BE THE PERSON CONTACTED FOR ALL BUSINESS RELATED TO 'rPE PETITIOIt. Company Younq, van Assenderp & Varnadoe, P.A. Address 801 Laurel Oak Drive, Suite 300 C~ty _. Naples State FL Zip 34108 Phone Number (941)597-2814 Fax Number (941)597-1060 C Name of Owner(s) of Record G-4 Partnership Address 2640 Golden Gate Parkway, Suite 115 City ___Naples State FL Phone Number (941)403-6700 Fax Number Zip 34105 (941 )262-8017 Name. Address and Qualifications of additional planners, architects, engineers. environmental consultants and other professionals providing information contained in this application. W~lson, Miller, Barton & Peek, Inc., 3200 Bailey Lane, Suite 200, Naples, FI 34105. ('Planners, Engineers and Environmental Consultants) Julian Stokes, M.A.I., C.R.E., Appraisal Research Corporation of Naples, 4306 Arnold Avenue, Naples, FL 34104 (Market Consultant) 74 iAGENDA ITEM NO. 12 A1 October 13, 1998 Pg, _ 74 DESCRIPTION OF PROPERTY A. LEGAL DESCRIPTION Please refer to attached Exhibit IIA. GENERAL LOCATION Northeast corner of intersection of Goodlette-Frank Road and Pine Ridqe Road. II. PLANNING COMMUNITY North N{~ples D. TAZ 65 SIZE IN ACRES ..31 acres F. ZONING RSF-3 &Agricultural SURROUNDING LAND USE PATTERN Florida Power & Liqht Electromagnetic Power Transmission Lin~s, Ar~rial Roadways, .Fire Station, Public School, Office..~. Industrial Rela_[e_d, Residential aqd Church FUTURE LAND USE MAP(S) DESIGNATION(S) Urban -Mixed Use, .Urban Residential Sub-District TYPE OF REQUEST GROWTH MANAGEMENT PLAN ELEMENT(S) TO BE AMENDED: X Housing Element Traffic Circulation Sub-Element Aviation Sub-Element Sanitary Sewer Sub-Element Solid Waste Sub-Elemer~t Capital Improvement Element Future Land Use Element Immokalee Master Plan Recreation/Open Space Mass Transit Sub-Element Potable Water Sub-Element NGWAR Sub-Element Drainage Sub-Element CCME Element Golden Gate Master Plan AMEND PAGE(S) LU-I-38 OF THE Future Land Use ELEMENT AS FOLLOWS (Use G~ess-~r. eugh~ to identify language to be deleted; Use Underline to identify language to be added). Attach additional pages if necessary: Please refer to the attached submittal letter for the text of the amendment. GOODLETTE/PINE RIDGE COMMERCIAL INFILL SUB-DISTRICT AMEND FUTURE LAND USE MAP(S) DESIGNATION FROM Urban-Mixed Use TO Goodlette/Pine Ridqe Commercial Infill Sub-District AMEND OTHER MAP(S) AND EXHIBITS AS FOLLOWS: (Name & Page #) Not A_pplicable E. DESCRIBE ADDITIONAL CHANGES REQUESTED: Not Applicable ~ REQUIRED INFORMATION GTE: ALL AERIALS MUST BE AT A SCALE OF NO SMALLER THAN 1"=400'. ne copy reduced to 8½ x 11 shall be provided of all aerials and/or maps. At least 75 IAGENDA ITEM NO. 12 A1 October 13, 1998 Pg. 75 A. LAND U S_E..E Provide general location map showing surrounding developmenls (PUD, DR's existing zoning) wilh subject property outlined Provide most recent aerial of s~/e showing subject boundar es source, and date. ' Provide a map and summary table of existing land use and zoning within a radius of 300 feet from boundaries of subject property FUTURE LAND USE DESIGNATION Provide map of existing Future Land Use Designation(s) of subject property and adjacent lands, with acreage totals for each land use designation on the subject property. Please refer to Exhibit IV.A; the subject property of + 31 acres and adjacent lands are all designated Urban-Mixed Use, Urban Rosidential Sub-District. ENVIRONMENTAL Provide most recenl aerial and summary table of acreage of native habitats and soils occurring on site. HABITAT IDENTIFICATION MUST BE CONSISTENT WITH THE FDOT - FLORIDA LAND USE, COVER AND FORMS CLASSIFICATION SYSTEM (FLUCCS CODE). NOTE: THIS MAY BE INDICATED ON SAME AERIAL AS THE LAND USE AERIAL IN "A" ABOVE. 2. Provide a summary table of Federal (U.S. Fish & Wildlife Service) and State (Florida Game & Freshwater Fish Commission) listed plant and animal species known to occur on the site and/or known to inhabit biological communities similar to the site (e.g. panther or black bear range. awa,a rookery, bird migratory route, etc.). Please refer to table in attached submittal letter. N/A Identify historic and/or archaeological sites on the subject property. GROWTH MANAGEMENT PLAN AMENDMENT Reference 9J-11.006. F.AC, and Collier County's Capital Improvements Element Policy 1.1.2 (Copies attached). INSERT A'°Y" FOR YES OR AN "N" FOR NO IN RESPONSE TO THE FOLLOWING _N Is the proposed amendment located in an Area of Critical State Concern? (Reference 9J-11.006(1)(a)(2), F.A.C.). If so, identify area located in ACSC. 76 AGENDA ITEM NO. 12 A1 October 13, 1998 Pg. 76 N N Is the proposed amendment directly related to a proposed Development of Regional Impact pursuant to Chapter 380 F.S.? (Reference 9J- 11.006(1)(a)4.a, F A.C.) Is the proposed amendment directly related to a proposed Small Scale Development Activity pursuant to Subsection 163.3187(1)(c), FS '~ (Reference 9J-11,006(1)(a)4 b, F.A,C.) Does the proposed amendment create a significant impact in populabon which is defined as a potential increase in County-wide populabon by more than 5% of population projections? (Reference Capital Improvement Element Policy 1.1.2). If yes, indicate mitigation measures being proposed m conjunction with the proposed amendment Does the proposed land use cause an increase in density and/or ~ntensity to the uses permitted in a specific land use designation and district identified (commercial, industrial, etc.) or is the proposed land use a new land use designabon or district? Provide data and analysis to support the suitability of land for the proposed use, and compatibility of use wdh surrounding land uses, as it concerns protection of environmentally sensitive land, ground water and natural resources. Please refer to attached submittal letter and attached Market Study. PUBLIC FACILITIES Please refer to attached Exhibit IV-E for responses to Numbers 1-3 of this subsection. Provide the existing Level of Service Standard (LOS) and document the impact proposed change will have on the following public facdities: Potable Water Sanitary Sewer Arterial and Collector Roads Name speoflc road and LOS Drainage Solid Waste Parks: Community and Regional If the proposed amendment involves an increase in residential density, or an increase in intensity for commercial and/or industrial development that would cause the LOS for public facilities to fall below the adopted LOS, indicate mitigation measures being proposed in conjunction with the proposed amendment. (Reference Capital Improvement Element Policy 1.1.5) 77 IAGENDA ITEM NO, 12 A1 October 13, 1998 pg,. 77 OTHER Provide a map showing Iocabon of existing services and pubhc facilities that will serve the subject property (i.e., water, sewer, fire protection, police protection, schools and emergency medical services). Document proposed services and pubhc facfl~ties, identify provider, and describe the effect proposed change will have on schools, fire protection and emergency medical services Identfy the fallowing areas relating to the sublect property Y Flood zone based upon Flood Insurance Rate Map data (FIRM) Y Location of wellfields and cones of influence, if apphcable (identified on Collier County Zonin9 Maps) Y__ Traffic Congestion Boundary, if apphcable N Coastal Management Boundary, if applicable N__. High Noise Contours (65 LDN or higher) surroundm9 lhe Naples Airport. applicable (Idenlified on Collier County Zoning Maps) _S_U P Pt.E MENTAL INFORMATION $3,000 non-refundable filing fee, plus S30/acre for each affected acre for Future Land Use map amendment, made payable to the Board of County Commissioners due at time of submittal. Sl,500 non-refundable filing fee for a Small Scale Amendment made payable to the Board of County Commissioners due at time of submittal. Proof of ownership (copy of deed). Notarized Letter of Authorization ~f Agent is not the Owner (See attached form) 1 Original and 5 complete, signed Applications wdh all attachments including maps, at the time of submittal After sufficiency is completed, 25 copies of tho complete application wdl be required. Maps shall include: North arrow, name and location of principal roadways and shall be at a cale of 1"=400' or at a scare as determined during the pre-applicahon meebng. V~JSER S"~IE TSY~Vv~'t, I~4'~:Oe,'~PLAN APP 78 AGENDA ITEM NO. 12 A1 October 13, 1998 Pg... 78 WHOM IT MAY CONCERN: · ¢by aulhorize K. Bruce Anderson of Young. Van Assenderp & Vamadoe PA to serve as my Agent in a est to amend the Collier County Growlh Management Plan affecting property identified in this Application. G-4 Partne~4~ip By: Pau~qa'rinelli, Attorney-in-Fac! .TE OF FLORIDA JNTY OF COLLIER tau. / T. X_~or-l,L~./b'~ who is personally known to _m_e~ or who has produced -"'--' entiAcafion and who did (did ~n oath. ic Seal ,1998, Si-"g~t urc,~ f Notary ' ' LYNN O. STIRP Print Name of Notary Public eby certify that I have the authority to make the foregoing application, and that the application is true, :ct and complete to the best of my knowledge. S i g n at u r e :~ .~A.z~,~2_. ~ 'x4.d4x-~ Bruce Anderson TE OF FLORIDA INTY OF COLLIER 'oregoing ASent Agreement letter was acknowledged before me this~ff_, day of ~7')3,'/ ~'t££/q~v/)~-~, . who is personally known to me, or ;vhc ha~ preduced ~..ifi-~,.io~ and who did (did not) take an oath. Signa~re of Notary Print Name of Notary Public ,1998. 79 IAGENDA ITEM NO. 12 A1 October 13, 1998 Pg. 79 COUNT," JUN 22 PN 2:07 .qECORDE,~ ~a~old S. Lynton 2600 Golden Ga~e Par~way Suite 200 Naples, Florida 33942 TIN of T. he "Trl. lS~'~: 59-6625798 DEED made this June 15, !993 by Harold $. Lynton, Lamer Gable and Juliet C. Sproul as Trustees under the Tl-us~ (the "T~ust") created for the benefit of Juliet C. Sprou! under ~icle SiXT~ C of the Will of Barton Collier, Jr. [prc~ated in ~he Circuit Cour~_ for Collier County, Florida, Probate Division, File 76-331], hereinafter called the Grantors, whose post office address ~s 2500 Golden Gate Par.~way, Maple~, Florida 33942, to Harold S. L~rnton, Juliet C. $prou! and Katherine G. $proul or Lhe sul-vivors of ~em, as T~astees under the Trust, hereinafter called ~he Grantees, ~hose post office address is 2600 Golden Gate Parkway, Naples, Florida 33942. C:~ CD ¢ C -~C~~. On June 15, 1993, by a Change of Trustees filed in said probate proceeding, Lamer Gable duly resigned as a T~ustee of the T~ust and ~a~-herine G. Sprou! was duly appointed and accepted her succession as a Trustee of the Trust Ln place of Lamar Gable. In consequence of this Change of Trustee, the present duly acting Trustees of the Trust are Harold S. Lynton, Juliet C. Sproul and Kather£ne G. Sproul who as such Trustees own the assets of . . · ..... 80 IAGENDA ITEM NO. 12A1 October 13, 1998 Pg. 80 01838 '-he T~dsu. This Deed is an implementing transfer of such assets ~o teem as suck Trustees. NOW, T~EP~EFORE, in consideration of tl~e matters recited, and for one dollar whose receipt is hereby ack~ow!edqed, the Grantors hereby grant, transfer and convey to the Grantees and t/~eir successors and assiqns all ownerships, estates, rights, titles, powers, privileqes a~d interests of ~he Grantors in all assets of the T.~ust, wherever Ln ~e world located, includinq within such assets (but wit~ou~ limitation) all lands, oil, qas and m/nePal interests, buildinqs, improvements, appur~cenances, easements, ruse~¢ations, and riparian and littoral right_s, and all fixtures and personal prope_~%~, on or used in connection wi~h such lands, oil, qas and mineral interests, buildinqs, improvements, appurtenances, easements, reservations, and riparian and littoral riqhts, located within the St.ire of Florida or off its shcres. TO }~VE AND TO HOLD ~he same in fee simple forever.' 81 AGENDA ITEM NO. 12 A1 October 13, 1998 Pg. _ 81 OR BOOK :PA'GE ~f -z..o rN WITNESS WHEIR~OF the Grantors have executed and delivered this Deed the day and year first above mentioned. Signed, Sealed and Delivered in our presence: ,/ [Print name] (Prin~ ~arold S. Lytton ~ L~mar C~ble STATE OF :--LOR~DA ) SS.: COUN/-f OF COLLIER The foregoinq instrument was acknowledqed before me r-his June 15, 1993, by Ha~old $. Lynton, Lnmar Gable and Juliet C. Sproul, all of whom are mersonai1y known to me. -3- 82 JAGENDA ITEM NO. 12 A1 October 13, 1998 Pg._ 82 COL.Ir..R C3UNT'; Prepared by Harold 2600 Golden Suz~m 200 Na~les, Florid~ 33942 DEED made ~his June 15, ~993 by Earold S. L.~nton, Lamar Gable and Barton CollZer ~II as Trustees under the T~-ust (the "T~--ust-) created for ~he benefit of Barton Collier Iii under Ar'~icle $[XT~ D of ~he will of 8art. on Collier, Jr. [probated in ~e Circui~ Cour~ for Collier County, Florida, Probate Division, File 76-33 ], hereinafter called ~he Grantors, whose post office add_-ess is 2600 Golden GaTe P~r~ay, Maples, Florida 33942, to 8a~-ron Collier ~I, hereinafter called the Gran~ee, ~hose post office address is 2~00 Golden Ga~e Par]cway, ~aples, Florida 33942. ~: The term of %~e ?---ust bas expired by reason of its beneficia~f, ~ue Gr~n. Uee, au:aininq =he aqe of thirty-five ~ears. This Deed is, accordLn~ly, a distribution on %he T~-us~'s termination. ~OW, THEREFORE, as a final distribution on the termination of the Trust, and for one dollar whose receipt ' is hereby acknow, ledged, the Grantors hereby grant, transfer .,~ and convey to ~he Grantee and his heirs and assigns all 83 AGENDA ITEM NO. 12 A1 October 13, 1998 Pg. 83 '~her~ver in ~he '~orld :o~:ed, ~nC!ud~nq '~i~in such asse:s (bu~ Wl~ouu !~l~auion) all lands ~, , o,=, ~as ~d mineral inuar=sts buildinqs, lmprovemenus, aP~nances, easamenus, rese~/a:ions, and rlparlan and l!C:ora! rign:s, and all f~ures and Personal pro~e~f on or used in connec=ion wi~ such ~ands, oil, gas and ~Lneral inueresus, buildings, ~rovemen~s, aDp~nances, easements, rese~;a~ions, and riparian and littoral riqhts, located 'w!~h!n ~e S~e of Florida or off i=s shores. TO ~:AVE kND TO HOLD r. he same in fee simple LW WI~SS WH~oF r_he Gram:ors have execu:ed and delivered r-his Oeed the day and year fLrs~ above men:ioned. Signed, Sealud and Delivered in our presence: [Print ha'me I ._.(zo_~ l-t. u...'/I,,,¢' [Prin~ name] harold S. L.vnto~/ -' ~ ~' S. ] Barton Ccl!ier--~-/~ .S. I 84 "AGENDA ITEM NO. 12A1 October 13, lgg8 OR ~OOK 'P~G~. STATE OF FLORIDA COUNTY OF COLLI-2R The foregoing Lnst~menU vas ac,~nowledged before ze ~is June !5, [993, by Earold S. Ly"n~on, Lamar Gable and Barton Collier ~Ii, ail of whom are personally known :o me. / 85 AGENDA ITEM l NO. 12 A1 October 13, 1998 Pg. _ 85 UEEU ~ade t/tis Ju,e 8, 1982 by Hnrkuerite ri. Collier, Norma, A. Iferre. and George C. Iluntoon ~s Personal ~Cp~esenta. .lives ~-*dcr the Hill or ~nrron Cai]ici. .Ir. deceased, probated the ~ircuj t Court {or Cai[jar Cot~nty. Florida, Probate I~ePre~entat[ves. cnlletl the Grantors} , ~bose pos~ office addres~ ~00~ North Ta.,in~t Trail, Nap[es, ~:[ortda, to ([J Lamar Gab~c, IInrold $. Lynton and HnrRuerLte ri. CoLlier. or the Survivors of them. as trustees under the Trt~st Created for the benefit of' Hargueritq R. CoLLier Under Article SIXTII A of said l~'ill of Ilarron F. ol]ier, Jr. (her"[nnftor, as such Trustee~, called the '-~ 'l'r-scees For Hnrl~u~rite R. Collier), (2) I.n,~ar Gable, Ilnrold S, lyntoH nm; ,Juliet C. Sprou[ or the surviv ' ' ors or the.~ ~s [~ eretnafter ns such Trustees coiled the Trustee - - Collier [[I, or the survivors o~ thegn, ~s Trustees under thc 'lrust created rot the benefit ur Barton Collier III under Article ~[X'lll Dnr s~id Will or Bnrron CailLer, Jr, (hereinafter, stroh '['r.s:~es, called the TrusCees for Barron Collier [[I), the post office address of all of ~l~om is 300~ e~orth Taniamt Trail In p~rtial distribution of the F.s[a[e of said Barron :Collier', Jr., decreased, end for one dq}lar "hose~receipt hereby acknO.iedR'ed' the Grantors hereby ~rant, transfer and convey all O~nerships, estates, rights, titles, po~ers priv- ileges a,d i,,[erests that aC the execution o~ this deed (June 8~ ]~8~} [he Grail[ors as suc]~ Personn[ Representatives, or the Es[ate aL s~[d Uarro~ Col I~.. , Jr., have Ju any and ~[] pro~erCies (hcre~narter called the Propert[es}. -herever in the ~orld located, i.clud~n~ (but ~i[hout limitation) all lands, oil, gas nn,I mineral ~nterests, buildings. Improvements. appur- [OHahCes, e.l~entcnts, reservations, and riparian and littoral r~ghts [oc~t. ed -ithJ~ the gtate..o~ Florida or ~ecord~d~_~C~ ..... ~ Couat~ its ShOres, This instru,,en: prepared Y.' '~ rl~ Harold S. Ly.ton _ 86 AGENDA ITEM NO. 12 A1 October 13, 1998 ;~.d ;TI) FiXtures a.d personal property on or used -iLh s~,~h I.nds, o~, ~s nnd m~noral ~.terests, Jmprov~m~tS~ appurtenances, ,':aSement~, reservations, nad riltnlinn nnd littorn1 rights as : ' To the T~u~to~s Cor Hnrguerite R. Collier, and their successors and assigns, an undivided one-hal/ interest i. the Properties; (2) ~o the lr-stees for Juliet C. 5proul. and their successors and asstg.s, an undivided one-fourth interest In the Properties; and (5) 1o the TruStees for garron Collier III, and their successors and assigns, an undivided one-~ourth interest in the Proper t~es. I. Nitness I~hereof' the Grawwtors have executed and del,¥ercd this Deed the clay n.d yeur ~'irst abovementtoned. Sig,,cd, Sealed and Delivered in our Presence; ,,~ ~u marRue~' Norman ^. Herren and George G. Ilu.toon as Personal Represen- tires ~nder the Will of flnrron Collier, Jr.. decea.~ed. STATE OF PI,ORIDA ) COUNTY OF COLLI[~I ) r,.,rguerzCe R. Collier -ornlarl ~. IleTTe~ Collier, .Ir., deceased. The t'oregoinR lnslru,,,ent ~vns acknowledged before me this 8th. da% of June, 1~82 hy ~nrR~er~te R. Collier, Norman A. IIerren and George ~, Iluntoon as Personol Representative~ uw~der the ~ill of I!arron Coll~er, Jr., deceased. ,,'t'" :.;?;.. Notary~u ~c - ~IAIT PUILIC SLAW! C~ floriD& A1 L~IC~ IONO(O IHIU C~F~EAl I/~ , L~40~lWJllllS . 87 AGENDA ITEM ! NO. 12 A1 October 13, 1998 Pg. 87. COLLIER COU~Ty RECO~tDED 1619, .1865 .tsooGa5 D~O made khi~ Ju.e i5, 1902 by Lamar Gable, Ilarold S. I'Y~t~on and Barton Collier III am ~rUm[eem under Lhe ;rus~ (Lhe "T~um~"} cre~ted [or ~he benefit oE Barton CoilIer IlZ u.der ArkIcle SIXTII O o[ ~he ~[11 oE Oarron Collier, Jr., dec,a~ed, probated In the ClrcuiL Court for Collier County, ~h~ldn Prob~t.e Dlvl~(on, File No. 76-~] (herein~Eker, ~ ~ c., such '['ru~teen called the Grantors) who~ p,>wt office nddre~ 1~ tOO) HorU~ 'romiaml T~all, Naples, ~lorida ]]940, to ~arron nddrea~ le 2120 Sandpiper Streeb, Naplea, rlorldn ]]942. ~~. T:'u~L and /or One ~lta~ whoBe recuip~ i9 hereby a~knowledged, Lhe ~rantore hereby 9r~n~, ~ra-eEer ~nd Convey ~o ~l~e Cran[ee n~d hl~ helce and assigns, an undivided o:~e-~htrd intere~ In ali ~ho~ OWner~hlpe, ';~aLee, rlgh~e' ~itlee, powers, h~ve ~. a.y n.d oJ~ reaZ PrOper~ee, ~bereve: in the ~O~ld 9nn end m~ner~[ ~n~e~eg~s, bu~Zd~n~s, ImProvements, aPPurtenances, ~aeemen~s, ~eserva~on~ ~nd r[par~Rn and l~toral located ~h~n tho S~eLe oE FZo~lda or o~E 1re ehoree, and ~[~ ~x~u~e~ and Pereon~l P~operty on or U~ed In ~[r.h ~uch l~nd~, o~, ~s ~nd m~ne~a~ ~nLeres~, buLld(n~e, tr"provome~t~, appur[en~nc.e~, eauemenLe, re~ervatlon~ nnd FJl'nrJan and ILkloral rights. IN WITNEss WlIEREOF the Gra)ltors have executed and O :' '" ~cu,,',e,~lory Stomp Tax Collier Counly, Flor;do Will/o,,, J. Raogon Clark AE~AN TO: B~AON ~EA CO~P. 88 AGENDA ITEM NO. 12 A1 October 13, 1998 Pg. _ 88 oi~ BO0~; P^C;E '~"~ / ,,,. ao delivered I:hl~ Deed the day and yenr f~r~ ~bovemen~[oned. r Gable ~nd -- P, arron Collier III '"' I510 1855 Lamar 'Gable · ~'~"";" <," ,,'/;',c Barren Collier IIi As Trustees for Barren Collie III under the Will of Barren Collier. Jr., deceased ELBA I. t~ 4~411 .. STATE 07 ffLO~lOA ) g0~.*,u~.~,~,,., ~d,~.~g*_~' ' ) SS.: ~, . COUNTY OF COLLIER ) /','/ The foregoing instrument was acknowledged before me this day of June. 1902 by Lamar Gable and Barren Collier III as Trustees [or Barton Collier i~f. CI.[N~ Clh'CUl! COU~T, I~(tiOrl¥ C[,)UNt¥ '82 ~16 ~1:47 89 AGENDA ITEM NO. 12 A1 October 13, 1998 Pg. 8j HLC ~,00 INT ~ (.:Ol I.ICI; (:I)UII r f IJ/:l.I) m,3lJQ Lhis JIJIIO 15, IUD7 Il. he "Trust") created Eot ~he bo.~ltt u,,dur Article Six'I'll O of the Will of Bnrron Collier, Or., deceased, probated in the CircuiL Court Eec Collier Cou.~ty, I"Jol'[tl~, Probate UlviRtoe~. File Such 'l'cu~Lees, called the G~anLor~) ~hose peel elf ice nddres~ o[Cice ~dOres~ il 2600 Golden Gale Fl(,r Ida 3394~. 1,, partial distribution of the principal of ibm Trumt. and for One Dollar whose receipt is hereby acknowledged° the Grantor~ hereby grant, transfer and convey to the Grantee and tho~e OWnerships, estates, rights, lilies, pOwers, privileges ~d JnteresLs thnt nL the execution of this deed {June 15, Iq07)the Grc.,~tot.~ ns such Trustees, or Lhe 'l'rusL, have in a~.y and all real propertie~, wherever In the World located, including (but without limitation) all land~, oil, gas and miners] interests, buildings, imprOVements, appurtenances, ea~emonte, reservation~ and riparian and littoral r~ghts located ~{thin th~ State el Florida or o~f tls ~hores, and ,311 fixtures and personal properly on or used i. Connection ~iLIm ouch lands, o~i. gas and mineral inLerests, buildings, improvements, aPPurtenanCes, ease,.enLs, reservations and r~por4a~, am.d littoral tights. .0 IN WITNESS NIIEREOF the Grantors have executed and delivered this geed the day and year Cron Collier '£h J S iilSf rllment J~r~'p,lre¢l bi,: /llnrold S. I,yllLon, ESq. ,/?600 Golden Gate 9O IAGENDA ITEM NO. 12 A1 October 13, 1998 Pg. 90 Ilarold S. Lynto~ ~ l;'l'A'l'lg L)I' I'LUf! t IJ^ J ) SS.: COUNTy OF' COLLIF, fl ~ The [oregoin9 inmtrument was acknowledged before me this 1Sth day o( .)une, 1987 by Lamar Gable, Barton Collier and Ilarold S. I,y.ton, Trustees [or Darro~, Collier III. STATE OF FLORIDA. COiJIMTY OF COLLIER EREBY CERTIFY IJ~o! fhe obove 91 IAGENDA ITEM NO. 12 A1 October 13, 1998 Pg. ,. 91 0 I $50070 I~)Z JA~117 Pti ~,.'30 ): ~:: INI ,., IHL) Thin instrument prepared by Ilsrold S. Lynton Suite 200 2500 Golden Cate Parkway .aples, Florida 3394~-3206~ and when recorded return to Suite 200 2600 Golden Cate Parkway Uaplee, Florida 33942-3206 Property appraiser's parcel identification number: 00167760005 00239720009 Grantee's t~x identl~l- cation number Application pending for TIN. DEED made thin January 10, 1992, By Marguerite R. Collier, an Unmarried woman. (hereinafter called the Grantor), ~hoae pont office address Is guile 200, 2600 Golden Gate Parkway, Naples, Florida 33942-3206. To G-4 Partnership, a Florida general partnership, [hereinafter called the Grnntes), whose pont silica address in Suite 200, 2600 Golden Gate Parkway, Naples, Florida 33942-3206. W~ I T N E S S E T 1! : An a gift and for One Dollar whoso receipt in hereby acknowledged, the Grantor hereby grants, transfers and Conveys to the Grantee and the Grantee's successors and aaa[gna, all the Creator's undivided one-hal~ ownership and ~o Ihs lands, [y[nq and beAng In Collier County, Florida, deecr[bed in ExhAbi~e A and B hereo~, TOGETHE~ w~th all ~mprovemente, tenements, hered~tamente and appurtenances and all rights, powers, PriV~[egoa, t~tles, internals, estates, reversions, remainders, easements, riparian and littoral rights thereto belonging or In any wine Pertaining, 92 AGENDA ITEM NO. 12A1 October 13, 1998 Pg.. 92 I)P, O00K PAGE TO IIAVE AND TO HOLD the eame In fee etmple forever. SU~ECT to any right.-of-way, easements, re~%rlct~ons, and reservation, that are of record or that an ln~pection wou]d dl.clos., including, wi%hour limitation, for roadm, public utilities, water, water sewers, sewer lines, telephone and power lines, borrow pits, outfall dLtche., d~.[nagm an~ drainage canal.. Said lands ar~ ~%ot the homestead of anyone. IN WITHESS WlIEREOF, the Grantor has executed and d.ltv.r~d this d~.d the day and y~ar first abov~ mentioned. Signed, sealed and delivered in our Presence: R, ~111er' V10-12085-001 de~d 01/06/92 93 AGENDA ITEM NO. 12 A1 October 13, 1998 Pg. 93 16~'9 01~ [~OOK STATE OF FLORIDA ) ) COUNTY OF COLLIER ) The foregoing thin January 10, known to me. U 0 I I~ ~ z~ PAGE '77 . z.-- instrument was acknowledged before me 1992, by Marguerlto P. Colli.r, porgonally ~otary Public h'OTArIY ff%1%%1C ~fAl~ (~ IrLL~IIOA 94 IAGENDA ITEM NO. 12 A1 October 13, '1998 Pg... 94 Oil DOOK PAGE Exhibit A All of Section 27, Township 48 South, Rallge 25 East. Collier Counly, Florida. lying South of Stein Road 846 and Easl of Frank Boulevard as described In Plot Book 13. Pnge 58, Public Records of Collier County, Florld.'~, less those lands described tn Olllciol Records Book 1041, Page 1776, OIIIclal Records Book. 1048. Page 1796, Olllclal Records Book 624. Page 1637, nnd Ofllclal nocords Book 650, Page 1080. AND Comnlol'~Ce nl the Soullfeast corner of Section 27, Township ,48 South, Range 25 Easl, Collier Counly, Floflda. ii,once run along Ihe Sou[l~ seclloh line of said Secllon 27, Norlh 89'52'36" West n dislanco of 772.81 loot to Iho Enslerly Right-of-Way line et Frank Boulevard ~s shown on the Rlghl.o~-Wny plat ~or Frank Boulevard and recorded In Plat Book 13, Page 58, Public Records of Collier County, Florida; thence along the Easterly Right.of.Way line of said Frank Boulevard North 5'55'57' West a distance el 3077.53 loot to lhe POINT OF BEGINNING et the parcel el land hereinafter described; thence co.llnulng along sold Easterly Right.of-Way line o~ Frank Boulevard North 5'55'57' Wosl a dislance or 886.02 toot; thence leaving said Easterly Rlght-o~.Way line Norll~ 89'28'0" East a distance of 400.00 fe~l; thence South 5"55'57" East a dlslnnce o~ 886.02 feet: Ihence South 89'28'0" West a dlslance el 400.00 feet to Ihe POINT OF BEGINNING. AND Corr~n~ench~g at II~e norlheasl sectloll carrier Of Section 27. Township 48 South, Range 25 East. Collier CounW, Florida: thence along Ihe easterly section line of sold Section 27, Sou{l~ 1'10'30" East 91.91 leer to e point on tile southerly tight-of. way at Immokolee Road, Stale Road S-846: thence along the said southerly rlght- of-way South B9'12'58" West 1.48 feet; thence continue along tho southerly right. of-way of hnmoknlee Road North 89'49'40" West 1301.52 feet ~o the westerly right-al-way al proposed Goodlotte-Frank Boulevard exlenslon es recorded In Plat Book 13, pego 58, Public Records of Collier Courlly, Florida to tho POINT OF BEGINNING of the parcel herein described; thence leaving sold Immokalea Road rlght-oI.way almlg Ihe weslerly right-of-way of said proposed Goodlette-Frmd< Boulevard, South 05'35'39" East 557.27 feel; thence leaving said right-al-way at said proposed Goodlelto-Franlt Boulevard, Soulh 84'23'48" West 423.83 feet along the northerly boundary at a parcel of land described In ofrlclal Records Boon 657, page 844, Public Records of Cailler Co[mw, Florida: II~o~lce along tile weslorly boundary el said parcel In Official Rocor(Is Rook 057, page 844. South 05'35'09" East 500.00 feel to the soulherly boundary of snhl Pr~rcel; IhoncoalcHJgsald souiherlyboundaryNorlh84'23',10- East 423.92 feet ia tl~o westerly right-of-way el said proposed Goodlelle-Franl( Boulevard: thence along said woslarly right-of-way South 05'35'39" Easl 587.62 feet: Ihenco leaving said right-of-way Soulh 89'19'47' West 485.28 feet to the easterly boundary of a 100 loot FP&L easement as recorded In Deed 95 LAGENDA ITEM NO. 12 A1 October 13, 1998 Pg. _ 95 16/'9 OR BO0l/ P GE Buo~ 30, I~g~ 27, Public Re¢ord~ 05'3~'12" W~t 1~51.9~ hnmok~l~ Ro~d; thence ~lo~g the said southerly rlghl.of.way ol Immokalee Road, South 89'49'40" East 486.21 feet lo ll~e Polnl ol Begi~r~ing o~ lhe parcel hereln descried; beorlng~ are b~sed on the southerly rlghl-of.w~y of Immokolee Road, beh]g Soulh 89"49'40" E~sI. rn F. i/~/'/r4.1[ 96 AGENDA ITEM NO. 12 A1 October 13, 1998 Pg. ,,. 96 Exhibit B Comme~clng at the southeasf 1/4 corner or Section 10, Townsliip 49 Soulh, Range 25 East, Collier County, Florida; fhence along tile north.south section line of '~ald Section 10. North 01'18'35" West 69.79 fact to a point on the soulherly boundary of Ph~e Ridge Road and the POINT OF BEGINNING of II,e parcel Ilerel~ described; the.ce nlong snid sotJll~erly bour'~dary $oulh 89'07'52" West 9,57 feet to a pointer curvature o~l the eaSlerly right.el.way el Frnnk Boulevard, 100 foot right-of.way as recorded In Plat Book 13, page 58, Public Records o! Collier Counfy, Florida; thence alollg II,a said right-or.way 454.08 feet alol~g the arc of e circular curve concave to the east, having a radius el 5G79.65 reel through a ce~Iral ;~ngle el 04'34'51" and bah~g subtended by a cl~ord which be~rs North 04'48'48" East 453.96 feet; thence continuua along the eeslerly right of said Frank Boulevard North 07'06'13' East 1884.61 feel; thence leaving said right-of.way North 89'29'57" Easl 676.40 feet fo a point on a boundary or a parcel o~ land described In Or!lclal Records Book 503, page 206; thence along Iha boundary el' said described land South 00'46'24" East 2100.00 feet to a polnl on the boundary of a parcel of land described In O!flclal Records Book 1037, pages 1602.1605; thence along lhe boundary of said described land Soulh 89'29'57" West 190.00 feet; thence Conlh~ue elo,~g sahl buundary Soulh 0'46'24" Ens! 232.40 fe~l to the norlherly boundary of said Pil]e Ridge Road; thence alo~g tile norfherly boundary o! said Pine Ridge Road North 89'35'25" Wes~ 779.4G feel fo Ihe Point o! Beglnnlng of the parcel herein described; bearll~gs are based on the northerly boundary of Pine Ridge Road {S.rl. 896) beh~g Norlh 89'35°25- West. 97 IAGENDA ITEM NO. 12 A1 October 13, 1998 Pg._ 97 Descriplion of pan of Sechon I 0, township 4q Soulh. Range 25 east, Colher Counly. FJorlda (Parcel All that pan of Sect,on 10, Township 49 South, Range 2.5 East, Collier Coum¥ Florida. being more particularly described as follows; COMMENCING at the southerly 1/4 comer of Section 10, Township 49 South, Ran.Re 2.:, East, Co:lief County, Florida; · thence along the nonb-soulh 1/4 section line of said Section 10, Noah 01°18'35" West 69 79 feet to a point on thc northerly boundac,, of Pme Ridge Road (S R 896) and the POINI OF BEGINNiNG oftheparcelhcrc,n described; thence along ';aid boundary, South 1~9°07'$2'' West 9.5? feet Io a porn/of curv,m:ure on Ihe easterly right of way c.f Frank Boulevard. 100 foot r)ght-of.u..ay as recorded in Plat Book 13, Pa~e 58 ol the Public Retorts of Colher County, ~. thence alonL, 5a)d right ol way 454.08 feet along the arc o,ra circular curve concave the east, having a radiu~, of 567~65 feet, through a central angle of 04'34'5 ]" and being subtended by a chord bears Noah 0,$'4g'48" Ea.~l 45].96 feet; thence connnuing a~ong said nghl-of, way N'orth 0'/'06'13" East 1102.02 feet: :hence lea',mg sa)d right.of, way North 89°29'57" East 783 65 feet to a pome on Ibc houndar). ¢,f the parce~ of land de,icr~bed m O R. Book 50.], page 206, thence along s.t:d boundary South 00"46'24" East 132.1 20 feet to a point on thc boundary of the parcel described in O.R. Bc~k 1037, pages 1602-1605; ' thence along st, id boundary South 1{9"29'57" West 190.00 feCl thence com~nu:ng along said boundary South 00'46'24" East 2],2 40 feet to the northerl,, boundary of said Pine [(,dR.:. Road; . thence along Ibc northerly bounda~'y of Pine Ridge Road. Noah $9'35'25" West 779 46 feet to a poinl on Ihe noah/south I/4 section line of Section 10 and Ihe POINT OF BEGINNING of ibc parcel herein described; Parcel contains, 30.65 acres more or less. Subject to ea-~emenls, rcslriction$ and reserva'.~ons of record BearinF. s are based on the northerly boundao line of Pine Ridge Road (SR 8~6) being South 89'35'25" West WILSON, MII.LER. B/~RTON & PEEK, INC. Registered Engineers and Land Surveyors MarcusL Bem~an, P.SM.~5086 Certificate of author~;,~'{hon l.B-#43. Not Valid unless embos,,ed wilh the Professional's seal Ref. 2G-496 W.O.. 00011-00N-SRV-GO000 Date: April 17, 1998 EXHIBIT II-A 1200 lt*,,I,.v t 4/'20/91-01 {000l RES ,"',/,q4.., I'.,,. \1~, ,, ',,,,..,.,r,, I~,,.,L',,n.,. 98 'AGENDA ITEM NO. 12A1 October 13, 1998 EXHIBIT IV.A. 1 OF ; PFtCXJECT WILSON ~ MILLER ~. ~. ~ i ~. I~. 99 AGENDA ITEM NO. 12 A1 October 13, 1998 Pg. 99 100 I 'AGENDA ITEM NO. 12 A1 October 13, 1998 ~'g._ ~0~ 101 iAGENDA ITEM NO 12 A1 October ~3. 1998 Dr3 '~ r~ , ,%? .k ... .,', aK' .:.; ,"9.4, PIt~ ~IDGE'RO 102 AGENDA ITEM NO. 12 A1 October 13, 1998 Pg, 102 261 321 321 E3 421 424 621 El 746 832 6412 DESCRIPTION FALLOW AGRICULTURAL LAND PALMETTO PRAIRIES PALM ETTO PRAIRIES, EXOTICS 50-75% XERIC OAK MELALEUCA CYPRESS, EXOTICS 10-24% PREVIOUSLY CLEARED/ DISTURBED LAND ELECTRIC TRANSMISSION LINES CATTAILS 21.70 1.17 .72 .49 1.01 .87 2.70 2.60 .29 TOTAL ACREAGE SOIL INFORMATION: SATELLITE FINE SAND IMMOKALEE FINE SAND ..+4.21 AC. *26.80 AC. 103 AGENDA ITEM NO. 12 A1 October 13, 1998 Pg,_ 103 EXHIBIT I V.C.3 J lI) 104 AGENDA ITEM NO. 12 A1 October 13, 1998 Pg._ 104 EXHIBIT IV.E. Public Facilities Potable Water The GoodlettedPine Ridge Commercial Infill Subdistrict is located within the Urban Area with standards for Potable Water established in the Capital Improvement Element of the Collier County Gro,~th Management Plan. The currently adopted minimum Level of Service (LOS) Standards and 1997 LOS determinations as provide in the Eighth Annual Update and Inventory Report (AL/IR) for Potable Water are as follows: Potable Water LOS Standard: Available Inventory as of 09/30/97: Required Inventory by 09/30/02: Planned CIE FY98-02 Projects: 5-year Surplus (Deficit): 54.0 GPD/Capita + 20% non-residential 24.0 MGD 20.4 MGD 8.0 MGD 11.6 MGD Minimum standards fc, r Potable Water are being met or exceeded. Sanitary Sewer The Goodlette/Pine Ridge Commercial lnfill Subdistrict is located within the Urban Area with standards for Sanitary Sewer established in the Capital Improvement Element of the Collier County Growth Management Plan. The currently adopted minimum Level of Service (LOS) Standards and 1997 LOS determinations as provide in the Eighth Annual Update and Inventory Report (AUIR) for Sanitary Sewer are as follows: Sewer Treatment & Collection LOS Standard: Available Inventory as of 09/30/97: Required Inventory by 09/30/02: Planned CIE FY98-02 Projects: 5-year Surplus (Deficit): 119.0 GPD/Capita + 21% non-residential 8.5 MGD 8.6 MGD 5.0 MGD 4.9 MGD Minimum standards for Potable Water are being met or exceeded. 105 IAGENDA ITEM NO. 12 A1 October 13, 1998 Pg. 105 Arlerial and Collector Roads The site is located in the northeast quadrant of the intersection of Pine Ridge Rd. (CR-896) and Goodlette-Fmak Rd. (CR-851). The area of influence for the required Traffic Impact Statement (TIS), although not yet formally established, at a minimum can reasonably be expected to extend westerly to include US 41-Tamiami Trail, easterly to include Airport-Pulling Rd., Goodletle- Frank Rd. north to Vanderbilt Beach Rd. and south to SoIana Rd. An cxamination of the current (1997) operating conditions ofthe~ roadway segments reveals the following: Airport Pulling Road. N. of Pine Ridge Rd. Current Facility: 4-lane divided Collector 1997 AADT: 37,301 Maximum Service Volume: 38,200 1997 LOS: D 1997 V/Std. Ratio: . 976 Comments: Traffic volumes along the portion of Airport. Pulling Road north of Pine Ridge Road grew 4. 4% between 1995 and 1996 and 10. I% between 1996 and 1997. At the current projected rate of growth obtained from Collier County. this segment of Airport-Pulling Rd is expected to be deficient in 1998. Collier County has programmed construction ora six lane improvement to the segment in fiscal year 1998-99 in order to maintain concurrency. Airpor~ Pulling Road - S. of Pine Ridge Rd. Current Facility: 6-lane divided Minor Ar: ;rial 1997 A. ADT: 40,560 Maximum Service Volume: 59,000 1997 LOS: B 1997 V/Std. Ratio: .687 Comments: Traffic volumes on the segment of Airport-Pulling Road south of Pine Ridge Road declined between 1996 and 1997. Historically the growth in the corridor has been strong, and the decline in traffic volumes is not expected to continue. The Countypredicts an annual growth rate of about 3% per year for the next five years. Because this portion of Airport.Pulling Rd operates at on/), 68. 7° ' % of liS LOS capacity, the facility is not expected to exceed its LOS standard within thc next five years. 106 '~,GENDA ITEM NO. 12 A1 October 13, 1998 Pg._ 106 Uor'nmcnts 'l'ra. ffic vr~lumc.v along thc rq'(h,odiettc-bra.,~k Rd m~rth q/ Pine Rk(k,c Rmul b~vC ,~ro~n yhur[~'v uvc'r Ihe his1 two ),cars. mcre(~.~i,l,~ lO 37~, between I995 and 1996 ami 453 hcl,vcca i996 and I997 (;oilier t~us l~rcdictcd that Ircnd lo conttntte, ~t~d ,'urrcnt rate. thc sc$~mcnt wttl he nearing its LOS ctq~tu'ttv in 199,5'. a~;d i.*' expcch'd to excccd it~ :'tl,Drlt't(V b),' ] 999 ( 't)[l~¢r ('t,untv ha~ prt~j4rtltn.tctl ti:t! con,~trtwttr.t olrtl 4-I(ltlt' lttl[~rovc.?vtg It, thc .~'c3:mcnl ji-t,.,,~ Fmc P, id~.'t' Rtl nt~rth ltl I"amtcrbtlt [k'ach Rd in./i.',c}d ycttr 2htll (;omllcUc-Frank Rd. - .",;. of Pine Ridgc Currcn! Facility' .:-hme divuted ('ollector 1997AA1)'1: 2X. 543 :Max,mum Service Volume: 39.200 IOq7 I.C}S: B 1097 V'Std. Rat/:, 72,~' (.'ummcnls: 7'rqflfic voiumcx on thc .s'cgmcnt of Gt,,dh'ttc-/"rtmk Rd .u,uth ~( ['im' Ridge Road dcchm',l I~ct~ c,',l ! u~6 wul 1997 fli.vtoricalh' lite z ,,;,cr t,',.~r l;.,r t,h'/~CrhJ,! 1972-1996. a,;dthc :,~ .~'~ '~;. ..'~ ~ ,'jr' i! :'! lit'CliniC t.'l []tO trit,ql'.' %'O[tl.,,tV.Y i3 tint ¢.rpeclld lO (t";/t,'l;t,' ,"Ih' ¢ ', ,:,'fit [*redictx ~;n tl,'tIllt~ll .14rrm'th rtllt' t~/ t;l,t,ut .I~/[, [~t'r vcttr /or thc ;;cx't ve,m~' /fi'c, mtc th; ~ [v,rlton ,f (;ondlette-l"r,;n~ Rd tg~t'ruh'.~' tit only 72 ,¥o..[, q/'il.~ [.(1.~' u! l];c /,r,/c,'tc,/ rule ~¢.grtml/t. thc f~lct[tt)' ts not c.rpcctt'd t, c,tiL'ct'd itx £OX xtamhlrd ~ ;thin thc 107 IAGENDA ITEM NO. 12 A1 October 13, 1998i Pg... 107 / Co:nmcnt..;: Tra/fic vr,lumc., n,1 the segment q/ l'me Rtd.~c Rd. emi ,!/Tamiam; Trail dccli,wd between ! 994 and 199 ? fli.s'lorically thc grtnvth itl thc c,;rr,fi,r h..x bt,un mtlcJcrtttt'ly .vtron.~. avcra.t:tn.%, 6.37/o per year.fi,r thc ?crtt,d 1992. ~ ~ '~ 996. ami thc dccltnc in thc trttffic' vtlhlole.%' i.%' not c.%[;edh'd to c,ltlttnttc lT~e (.'Olttlt.v predicts on (ltltllal[ .~r,m'lh rah' o;'~t~ut~l ,:ert fivc )'t'~tr3 l~c:'au~'e Iht¥ portion of Pme Ricfu' Rd t,j~t'r~/lt'~ ~ll t,ltt' .~,¥ jQb o/ iix I,( ).X' ~rtswf/L the ./iici[ltv i.~ m Jr i xl;t't'tt'd Pine Ridge Rd. - I-;. of (;omllelle-Frank lhl. Current Facility: 6-lane divided .~.]l'llor.,lrter:a! 1997 AAI)T: 43. Maximum Sc,'vicc Volume: 56.300 1997 [.OS: C 1097 V/Std. }?.;I{iLU ""7'7 (.:OlllmClll.s: 7'rtt/lic l'l,te Rid,~u Rd c(:.~t o/ ( ;elt)dh,ttc.[.'rttnk Rd., hkc tho.re ti, Ibc 1996 a,at t 99' //i.wor/coJJy Iht growth m thc corridor lutv /,ucn me)deratejv r; 7% ~t'r .vt'dr/Or tilL' lwrtod 1992-1996. and thc dt'cline in rite lrq/'fic w~lumex i.~ ,:,,t cfi;coted to c,,,:t:/;;a' ';';Ic (',,1;ntv/,redlctt a,l an,n,.tt[ k, rt,u'tlt rt/[c of ahtutl ~" ' . . ~ per.vecirfor thc ~k'xlfit'e ycur.~' /~t'c~tti.vc t/;i.~' porho/t O[']'ine Ni,&c Rd ,ucrrttcs al only 77. ,7'~ ~tt.~ 1.().%' ca/sUCil)', tit Iht'/~rtqcctt'd rtllV o/'grtm't/1, thc.l;iciJi:v iv ~;e/l t' l'J)CClt'd [0 t'.XTCt'd i;.~ [.(),~' .vlci/ld, trd wit/I/Il the *k'.rl /Jvc gvtlr3' 108 AGENDA ITEM NO. 12 A1 October 13, 1998 Pg._ 108 the cormdnr hu.~ hr'un mr,(lcrah.. ~ ~ ~ ' -.',, per ye~r fi~r Ibc pert,d 19q2. tit r~tt' u/tlhOtlt 2'J~ f~er .t t'tl, /or lilt' ,text fivt. t'ctlr.~ ]lvt'cnlw' ;hi.v ],~,rtlr)u t,/ O[)t'rcllC.V ill only 6 ' 4~b ,/ tt~' J,().%' C~II~UCIIy. ti( lJIc /)rol'Uctcd r~tlt' t)/.urowl/l thc cx'j)ecldd to c,tci'cd 115 J,( ).~' 3'l~tltdftrd J~ Jl]ttll I/Ic tlext.five ,vctlr,v Pine Ridge lid.- E.-fAirport-I'ullin~ RtL (.'uncnl [:acjlit.,,': 4-J~lnc dividcd ,~l:nt~ ..trh'rltd 1907,X..XD[..~4.,~'~6 l')07 [.()$: /t Commonly. Trulfic volumcx .n Ih,' .~'c.k'mcnt ,,/ //iwortt .Ih' flu' .~r,)u'th in t/w cnrrt,b~r t.;~ hccn tttt././]t' vo/tinlt'.~' tv tirol c.r,j)dC&'d lo c'otllltltit' /7W ~ 'otlttlv f~redJt'l.v iltl tlnnu¢l!.k, roJ~lJt rtllu t,1:1/,~..',: Fur 3var/i)r ibc re'x! five vcurv Becuu~'c thi.v porlnm ,fl'ira, Rtd. L'u Rtl currcn:h ,[,cr, m'~ ,it 4 ,,, ~,/i,'.~ I.()X cW),c'ilv' ~tl the fir,/'c, 'h'tl rate of Rrmvth. thc/;'lc'tlth' ix eXl,CCtcd ~[un;tut'cj ].,~ 2ill).~_ ( 'rd/&'r ( ',~utllv It, t~ [~r¢~.k.,tlmtncd I/lc t'ott.~lrllcItotl iff ,t 109 JAGENDA ITEM NO, 12 A1 October 13, 1998 Pg 109 . t'.~-ll lam~',miJraiI-N. ~,'ur:cnt l'acd:t?: 6.hmo dtvulcd Iq~}7 .,XA[)'I. 43.-;21 lOq7 [.()$ ~' I~q7 V.'Sld. [{a~o 742 ('rm~mcnts ?'rt;f/h' vtdumcs (don.g Ibc pt,rtttm ~/ tlw I~muctmi ['r, tt[ north t)f l'ine Ridge Road declined by o~'cr J'~ between 1996 and/997 /[itto, tca[[fi ttw grmvth tn the corri~hJr has been modc,atc/y .~/ow ttvcrtQring 2~ per )'c~tr for thc pt'ri,d 1992- / ~)95. and the t&c[ine in the traffic vtdtxm¢,¢ t.~ ttr}t cr/h'c'~t'd lo continue. The ('ottnt). prcdtc'l.~' vmtr /or the m'xt fivc )'ears Becauxe this porttt,n Qf lhv [~muami Trail currcnt/v o[¥rtth, ; ltl 7d ~7; ./'it~ [.()N CrI[ltICI(V, at the l~rt~/'cl'lud retie' US 41 Tamiami Trail - S. of Pine Ridge Rd. Currrmt Faci[icy: 6-lane divided Principal Arterial 1997 AADT: 46,588 Maximum Service Volume: 61,400 1997 LOS: C 1997 V/Std. Ratio: . 759 Comments: Traffic volumes along the portion of the Tamiami Trail south of Pine Ridge Road have grown sharply over the last two years, increasing 10.9°/, between 1995 and 1996 and 3.3% between 1996 and 1997. The County predicts an annual growth rate of about 3-$.5% per year for the next five year~. Because this portion of the Tamiami Trail currently operates at 75. 9°/, of its LOS capacity, at the projected rate of growth, the facility is not expected to e. xceed its LOS capacity within the next five years. 110 JAGENDA ITEM NO. 12 A1 October 13, 1998 Pg. 110 The preliminary site traffic impact analysis assumes the following: · Approximately 180,000 sq. fi. designated for retail and service uses · Approximately 100,000 sq. Ft. designated for office uses The retail/service uses are likely to generate an estimated 9,128 average daily trips (ADT) with 9.3%, or 851 trips occtm'ing during the peak hour (P.M.). The office uses will generate an estimated 1,249 average daily trips (ADT) with 13.1%, or 164 trips occurring during the peak hour (A.M.). When estimating site traffic impact, it is also appropriate to evaluate the level of "passer-by" trips that are included in the standard trip generation rates. For a variety of reasons, it is clear that not all of the average daily trips calculated above are "new" trips. Some, have been captured from the existing stream of traffic. This phenomenon has two distinct values. First, the actual volume of "new" trips associaled with the develbpment of the site is actually less than the driveway volumes would indicate, and secondly, especially in the case of convenience-type shopping centers, captured trips may also represent a shortened trip length, i.e., a motorist has been able to satisfy the shopping trip "closer to home", thereby reducing impacts elsewhere on the network. The passer-by or captured phenomenon is less apparent in the office example, since most trips generated are "destination" trips of either employees or customers, and are far less likely to have come from the stream of existing traffic. However, this property is situated along the primary travel routes serving three major medical facilities and capture rates may increase due to this location factor. The variables affecting passer-by or captured trips vary significantly, making it difficult to estimate the actual rates for a given site without a detailed, site and area-specific analysis. Studies throughout the nation have found shopping center projects with "percent from passing traffic" rates as Iow as 7% and as high as 74% for a center the size of this project. Averages for study groups range from 21% to 49%. '['he site generated traffic is not likely to negatively impact the LOS conditions of the adjacent roadways. Access related impacts, though likely to be present as phases of the project move forward, are not expected to adversely impact the operating conditions of the adjacent street system. As part of the rezone process, a Traffic Impact Statement (TIS) will be prepared that should include an access management plan (AMP) if warranted. Drainage The Goodlette./Pine Ridge Commercial Infill Subdistfict is located within the Urban Area with standards for Drainage established in the Capital Improvement Element of the Collier County 111 AGENDA ITEM NO. 12 A1 October 13, 1 ,,.398 Growth Management Plan. Thc currently adopted minimum Level of Service (LOS) Standards and 1997 LOS determinations as provide in the Eighth Annual Update and Inventory Report (AUIR) for Drainage are as follows: Drainage Canals & Structures LOS Standard: Fut~xre Development: Existing Development: Available Inventory as of 09/30/97: Required Inventory by 09/30/02: 5-year Surplus (Deficit): 25 year. 3 day storm current service level 358 canal miles 358 canal miles N/A Solid Waste The Goodlette/Pine Ridge Corrunercial Infill Subdistrict is located within the Urban Area with standards for Solid Waste established in the Capital Improvement Element of the Collier County Growth Management Plan. The currently adopted minimum Level of Service (LOS) Standards and 1997 LOS determinations as provide in the Eighth Annual Update and Inventory Report (AUIR) for Solid Waste are as follows: Solid Waste LOS Standard: Available Inventory as of 09/30/97: Required Inventory by 09/30/02: 5-year Surplus (Deficit): 10-year raw land supply ! 84.8 acres 184.7 acres (59.0 acres) The minimum standard is being met currently, and no LOS issues are expected. Parks: Community and Regional The Goodlctte/Pine Ridge Commercial Infill Subdistrict is located within the Urban Area with standards for Community and Regional Parks established in the Capital Improvement Element of the Collier County Growth Management Plan. The currently adopted minimum Level of Service (LOS) Standards and 1997 LOS determinations as provide in the Eighth Annual Update and Inventory Report (AUIR) for Community and Regional Parks is as follows: 112 AGENDA ITEM NO. 12 A1 October 13, 1998 Pg,. 112 Community Park Land LOS Standard: Available Inventory as of 09/30/97: Required Inventory by 09/30/02: 5-year Surplus (Deficit): 1.2882 acres per I000 population 419.0 acres 325.0 acres 94.0 acres Regional Park Lands LOS Standard: Available Inventory as of 09/30/97: Required Inventory by 09/30/02: 5-year Surplus (Deficit): 2.9412 acres per 1000 population 2207.0 acres 742.1 acres 1464.9 acres Minimum standards for County Community and Regional Parks are being met or exceeded. Mitigation Measures The proposed amendment does not represent a change in residential density or commercial/industrial intensity that would cause the LOS for public facilities to fall below the adopted LOS standards for Category "A" public facilities, therefore no mitigation is required. It is recognized that future land development orders, as applicable, will be subject to the County's adopted Adequate Public Facilities Ordinance. Map of Exiting Public Facilities Serving the Site (water, sewer, fire protection, police protection, schools and emergency medial services) 113 IAGENDA ITEM NO. 12A1 October 13, 1998 Pg.. 113 I I ,'-)' I:::'/ ~C' FAC,,LiTiFS I,"~ COASTAL At"JD H~:;~! ~ ~ ,' ...... " - , EVE RCL,-', DE S CITY Colller County, FIoridm 114 AGENDAITEM NO. 12 A1 October13,1998 Pg._ 114 ?AP 10 FACILITIES IN COASTAL AND HIGH HAZARD ZONES We',tern Colher County, FlorldoJ ~ ,, -.,.,. -, · -~J 1 ~ I-.t~""~i ¥1'"1 """,-,q -- "~, ! I'.'," *~' ~i ~ .,.~.1 .f.., ... ,- :-~-.. ,,,, ,,, :,.~-, \, M,.~..,.,,,i l .,.~,, I: "'=" h,:IT/, ..... ~,,,,, I / \\~ ,. .1 =i ,. ( 115 iAGENDA ITEM J NO. 12 A1 October 13, 1998 Pg._ 115 PUBLIC FACILITIES IMMOKALEE URBAN AREA Co~lier County, ¢lorlda C.~. ~'90 ~ Fr21 L~[ CO COUJ[R CO ~:2,m NAPSiS-~uOKA~t ~OAD (C.R. 8~) ~ L 0 HaL 2uL 116 AGENDA ITEM NO. 12 A1 October 13, 1998 Pg._ 116 MARKET STUDY FOR 31 MOL Acre Land Parcel North East Quadrant of Goodlette Frank Road and Pine Ridge Road PREPARED FOR: R Bruce Anderson, Esq Young, van Assenderp & Varnadoe 801 Laurel Oak Drive Naples, FL 34108 DATE OF MARKET STUDY: April 15, 1998 PROJECT NUMBER: 983777 117 IAGENDA ITEM 1 NO 12A1 October 13. 1998 Pg __1 17__ July 13, 1998 R. Bruce Anderson, Esq. Young, van Assenderp & Varnadoe 801 Laurel Oak Drive Naples, FL 34108 Subject: Vacant Land Parcel at Northeast Quadrant of Goodlette Frank Road and Pine Ridge Road Project No. 983777 Dear Mr Anderson: Enclosed find the market study prepared for the above referenced property which you requested The follow~ng narra:~ve report is conveyed wa a summary format. The report therefore summarizes the basis, data and analyses upon which the market study was performed The intended use of the report is to assist the client in determining an economically viable use for the subject property, and to study to assist the property owner in land planning. The purpose of the market study is to estimate the demand for commercial retail use and office space use within the subject's primary market area; to identify existing and proposed retail space in the market area; and to analyze the equilibrium of supply and demand in the current market, all as of April 15, 1998 Primary consideration has been given to the projected future supply and demand. We have also given consideration to the potential market demand and/or acceptance for residential use. Our study therefore focuses on a demographic analysis reflecting the market area population and housing trends, income trends, effective buying power, traffic patterns, etc The property rights analyzed include all rights of fee s~mple ownership interest in the vacant land parcel, which ~s more fully described in the attached report. The opinions set forlh in this market study are stated as of July 13. 1998. This was the date 118 AGENDA ITEM NO 12 A1 October 13. 1998 Pg __118m of the most recent property inspection and therefore the conclusions contained here~n are based on economic conditions and market performance that existed as of this date We trust the market study is completed in sufficient detail to accomphsh its intended function Please call if you need further assistance. Respectfully submitted, Julian L. H. Stokes, MAI, CRE State certified general appraiser/10000490 119 IAGENDA ITEM NO 12 A1 ~3. 1998 Pg ~1 19__ Certificate of Market Study The undersigned does hereby certify that, to the best of my knowledge and belief The statements of fact contained in th~s report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumpbons and limiting conditions, and are my personal, unbiased professional analyses, opinions, and conclusions I have no present or prospective interest in the property that is the subject of this report. and I have no personal interest or bias with respect to the padies revolved My componsabon ~s not contingent on an action or event resulting from the analyses. opinions or conclusions in, or the use of, this report. The analyses, opinions, and conclusions were developed and this report has been prepared, in conformity with the Uniform Standards of Professional Market Study Practice I. Julian L. H Stokes, MAI, CRE have made a personal inspection of the property that ~s the subject of this report No one has provided s~gnificant professional assistance in prepanng the analyses. opimons, and conclusions concerning real estate that are set forth ~n this market study. My reported analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Practice of the Appraisal Insbtute. I certify that the use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. As of the date of this report, Julian L. H. Stokes, MAI, CRE has completed the requirements of the continuing education program of the Appraisal Institute. I, Julian L. H. Stokes, MAI. CRE am currently a State Certified General Real Estate Appraiser, as set forth in section 475.501, Florida Statutes. 120 IAGENDA ITEM NO 12 A1 ~3, 1998 Pg ,,, 120__ The preceding certifications are in accordance with the Uniform Standards of Professional Market Study Practice Standard Rule 2-3, and with the Appraisal Institute's Supplemental Standards of Professional Practice, both effeclive July 1, 1994. This assignment was not based on a requested minimum valuation, a specific valuation. or the approval of a loan. Juhan L H. Stokes, MAI, CRE State certified general appraiser #0000490 121 IAGENDA ITEM NO 12AI O~3. 1998 Pg 121__ Table of Contents Section I Executive Summary Underlying Assumptions and Limiting Conditions Identification of the Property Purpose of the Market Study Intended Use of the Market Study Effective Date of Market Study Effective Date of Report Market Study Development and Reporting Process Section II Collier County Overview Section III Market Analysis Location Analysis Land Use and Linkages Conclusion to Location Analysis Retail Space Demand, Supply and Equilibrium Analysis Analysis of Demand Inventory and Forecast of Competitive Supply Potential Retail Space Analysis Office Space Demand Analysis Conclusion Office Space Supply Analysis Office Space Conclusion Summary and Conclusions of the Market Study Restrictions Upon Disclosure and Use Qualifications of Julian L. H. Stokes, MAI, CRE Addenda 8 8 9 11 12 23 24 24 24 26 26 27 28 31 39 41 41 43 44 46 48 49 122 IAGENDA ITEM J NO 12 A1 Section I 123 jAGENDA ITEM 1 NO. 12 A1 ~. 1998 Pg ~123~ Executive Summary Project No · Effecbve Date: Ce,'-bfied Chent: Appraisers: Stale Certihcation No. Property Type Market Study Purpose: Property Rights. Market Study Intended Use: Property Location: 983777 April 15, 1998 R. Bruce Anderson. Esq. Young, van Assenderp & Varnadoe 801 Laurel Oak Drive Naples. FL 34108 Julian L. H. Stokes, MA. CRE Appraisal research Corporahon of Naples 4306 Arnold Avenue Naples, Florida 33942 Julian L H Stokes. MAI. CRE State Cert Gen R E A #0000490 Vacant land proposed for use as Retail Center and Professional Office Space The purpose of the market study ~s to analyze the equdibrium of supply and demand ~n the current market as ~t affects the potenbal for commercial neighborhood retail and professional o~ce uses Fee Simple To assist the client with land use planning purposes. Northeast corner of Goodlette Frank Road and Pine Ridge Road. 124 IAGENDA ITEM NO 12 A1 Pg 124__ Property Idenbflcahon 31 MOL acre vacant land parcel Owner of Record Utilibes: Site Size: Zoning: Access: Functional Adequacy: Improvements G-4 Partnership Electricity, telephone, public water 31 +/- acres RSF.3 (Single Family Residential) and A (Agncullural). Goodlette Frank Road and Pine Ridge Road Good with regard to potential commercial uses. S~te Electromagnebc high-power transmission hne runs north and south along western property boundary negatively impacting the potential for residential development None 125 AGENDA ITEM NO 12 A1 October 13. 1998 Pg __125__ Underlying Assumptions and Limiting Conditions In conducting this market study, your analyst has assumed, where apphcable, that 1. Title to the land is good and marketable. 2 The property ~s assumed to be under competent management and responsible ownership and is free and clear of all encumbrances and hens other than those mentioned ~n th~s report The informabon supplied by others is correct, and the revenue stamps placed on the deeds used to indicate the sale prices are in correct relabon to the actual dollar amounts of Ihe indwidual transactions. There are no h~dden or undisclosed sub-soil cond~bons No cons~derabon has been g~ven to oil or m~neral rights, ~f outstanding All general codes, ordinances, regulations or statutes affecting the property have been and wdl be enforced and the property ~s not subject to flood plane or utd~ty restr~cbons or moratoriums, except as reported and contained ~n thrs report The party for whom this report ~s prepared has reported no original ex~sbng condibons or development plans that would subject th~s property to the regulations of the Securibes and Exchange Commission or similar agencies on the state or local level No responsibility is assumed for legal matters nor ~s any op~mon on htle rendered herewith The preparer of th~s report herein, by reason of th~s report, ~s not to be required to g~ve testimony ~n court with reference to the property appraised, unless arrangements have been prewously made therefor. We have made no survey of the property and assume no responsibd~ty in connection with such matters. Any sketch or identified survey of the property included in this report ~s only for the purpose of assisting the reader to visualize the property The market study covers the property as described in this report and the areas and dimensions as shown herein are assumed to be correct. 126 'AGENDA ITEM NO 12A1 October 13, 1998 Pg __126__ 10. No enwrcnmental ~mpact stud~es were e~ther requested or made m conjunction w~th th~s market study, and we hereby reserve the r~ght to alter, amend, rewse, or rescind any of the value opimons based upon any subsequent environmental ~mpact studies, research or inveshgal~on 11. Unless stated otherwise, no percolation tests have been performed on this property In making the market study, it has been assumed that the property is capable of passing such tests so as to be developable to its highest and best use. 12. Certain data used ~n compiling this report was furnished by the client, his counsel, employees, and/or agent, or from other sources beheved rehable Data has been checked for accuracy, but no habd~ty or respons~bd~ty may be assumed for complete accuracy 13. 14 No responsibility ~s assumed for matters legal m nature, nor ~s any opinion rendered hereto as to title, which is assumed to be good and merchantable. The property is assumed free and clear of all liens and encumbrances, unless specifically enumerated herein, and under responsible ownership and management as of the market study date The forecasts or projections included in th~s report are based on current market conditions, anticipated shod-term supply and demand factors, and a continued stable economy. These forecasts are therefore subject to changes m future condlhons 15. Estimates of expenses, particularly as to assessment by the County Property Appraiser and subsequent taxes, are based on a study of historical and typical data Such eshmates are based on assumpbons and projecbons wimch, as w~th any pred~chon, are affected by external forcesr many unforeseeable. While all estimates are based on our best knowledge and behef, no respons~bd~ty can be assumed that such projecbons come true 16. Consideration for preparation of this market study report is payment ~n full by the employer of all charges due in connechon therewith Any responsibihty for any part of th~s report is conditioned upon full and timely payment. 17. We have relied upon demographic data prowded by the Collier County Long Range Planning Department in order to project population trends, housing trends, and 127 AGENDA ITEM I NO 12 A1 ~5, 1998 Pg ~127.., 18 19 economic trends for the subject area The reformation is referenced within the apphcable sections of th~s report. The appraisers do not warrant the accuracy of th~s data We have utilized the Collier County Property Appraiser's Office and informabon provided by the grantor/grantees or agents for parties to the transacbons m order to determine the terms of sale of the comparable land sale properties included ~n this report Although th~s informabon ~s considered reliable, the appraisers do not warrant ~ts accuracy We have relied upon data form Information Decision Systems (IDS) m order to project population trends and economic trends for the subject area This mformat~on ~s referenced w~th~n the applicable sections of the report The appraiser does not warrant the accuracy of th~s data 128 IAGENDAITEM 1 NO 12 Al ~F3.1998 128 129 IAGENDA ITEM NO 12 A1 ~, 1998 Pg __129__ Idenbficabon of the Property The subjecl property is located at the north east corner of the intersection of Goodlette Frank Road and Pine R,dge Road w~thm an umncorporated area of Colher County Florida Purpose of the Market Study The purpose of the market study is to estimate the demand for commercial retail use and office space use within the subject's pnmary market area, [o identify existing and proposed retad space in the market area, and to analyze the equilibrium of supply and demand m the current market all as of July 13, 1998. Primary considerabon has been gwen to the projected future supply and demand. We have also g~ven consideration to the potential market demand and/or acceptance for residenbal use Our study therefore focuses on a demographic analys~s reflecting the market area population and housing trends, income trends, effective buying power, traffic patterns etc Intended Use of the Market Study The intended use of the report ~s to assist the client m delermining an economically viable use for the subject properS, and to study to assist the property owner in land planning. Effective Date of Market Study The effective date of the Market Study is April 15, 1998, which is the date of the most recent proper!y inspecbon. Effective Dale of Report The report was prepared on July 13. 1998. 130 J AGENDA ITEM J NO 12A1 October 13, 1998 ~ 130__ Market Study Development and Reporting Process The development and reporbng process of this market study encompasses the necessary research and analys~s to prepare a report in accordance w~th the ~ntended use. the Sta,~dards of Professional Prac[~ce of the Appraisal Institute, and the Umform Standards of Professional Appraisal Practice of the Appraisal Foundation In regard to the subject property th~s ~nvolved the following steps: The property was inspected and photographs were taken on April 15, 1998 th~s shall be the effective date of the market study County and neighborhood data were based on information available from the most recent Demographic and Economic Profile of Colher County: Florida published by the Colher County Growth Planmng Department. Our analys~s of the neighborhood was also based on a physical ~nspecbon of the area We have also rehed upon demographic ~nformat~on provided by Information Deos~on Systems (IDS) 3 The subject data was based on the above referenced sources as well as ~nformat~on provided from the public records of Colher County. Florida, and from a physical ~nspecbon of the property. We have made a market analysis consisting of a number of independent ~nvesbgat~ons and analys~s relabve to residenbal, commercial retad and office supply and demand trends Tills ~ncluded an analysis of historical performances of competing shopping centers and professional off~ce buildings, potential supply and demand of retad and off~ce space, and an economic and demographic analys~s of the subject trade area The demographic analysts ~ncluded an esbmate of the subject trade area, populabon and ~ncome demographics, and a oomparabve market analys~s After assembling and analyzing the data defined above, conclusions and recommendations were made and are all presented w~thin th~s self contained report 131 IAGENDA ITEM NO 12 A1 October 13. 1998 __131__ Site Descr~pbon Location Size Shape: Access: Topography & Elevation: Soil Conditions. Drainage' Easements or Encroachments Utilibes Surrounding Proper't~es- North: East South: West: Functional Utility Hazardous Wastes Northeast corner of the intersection of Goodlette Frank Road and Pine R~dge Road, 31 +/- acres Irregular, narrow Goodlette Frank Road and Pine Ridge Road Fallow farmland and level A soil test has not been provided Assumed adequate for existing improvements, Appears adequate under normal rainfall conditions. Electromagnetic high-power transmission line runs north and south along western property boundary. Electricity, telephone, public water. Future rehgious facilibes and the Methodist Church, Pine Ridge Middle School, Board of Realtors, and the North Collier Fire Station Pine Ridge Road and Naples Country Club residential area Goodlette Frank Road and Pine Ridge residential area Good for commercial uses, poor for residential uses, There were no visible environmental hazards upon inspection of the property. The appraisers lack the knowledge and experience with respect to the detection and measurement of hazardous s substances. 132 iAGENDA ITEM 81 NO 12 Al ~, 199 Pg __ 132~ Section II 133 IAGENDA ITEM NO 12 A1 October 13. 1998 M 133__ Collier County Overwew The regional area ~n which the subject ~s located ~s defined as Colher County Naples is one of two incorporated areas ~n Colher County and the center of metropolitan actiwty Colher County bordering on the Gulf of Mexico. has a land area of 1,994+ square miles (1,276,160(' acres), and is the second largest county ~n Florida The coastal shoreline extends a total of 675 2 miles, much of which is the environmentally sens~bve Ten Thousand Islands south of Naples Approximately 64% of the county are classified as uninhab,table fresh and saltwater wetlands. Development has occurred along the western portion of the county surrounding Naples and is rapidly expanding ~n both an east and northward direcbon The area's climate is subtropical with an average temperature of 74°F~ VWnter averages a high of 76°F and a low of 50°F., while summer daytime averages 91°F Annual rainfall is 50 to 55 ~nches per year of which approximately 80% fall between June and October During the rainy season ~t rains nearly every day in the late afternoon In addition to the mild winter chmate. Collier County's beaches are also a major attraction of the area There are well over 250 acres of public beaches in 14 state, county, and city parks Another major attraction is the number of golf courses. 40 in total at last count: 27, private and 13. semipublic Additional ones are being planned and constructed as population growth continues 134 AGENDA ITEM NO 12 A1 October 13. 1998 ¢'g __ 134__ Between the years of 1980 and 1990, the Colher County population chmbed from 85971 to 152,099, including incorporated areas (19,505 in Naples and 321 ~n Everglades City) Th~s ~s an ~ncrease of about 77%. Estimations for 1995 place population, ~ncluding ~ncorporated areas, at a count of 197A00 ~ average annual growth of g,060 persons between 1990 and 1995) These figures include only legal residents, not the part-brae residents who claim legal residency elsewhere The Bureau of Economic and Business Research (BEBR) of the College of Bus~ness Administration at the University of Fldrida forecasts the total county population to increase to 260.100 by the year 2000 (or 12,540 people per year), to 327,900 by the year 2005 (or 13,560 per year): to 403,100 by the year 2010 (or 15,040 per year): to 486,600 by the year 2015 (or 16.700 per year): and to 578,200 by the year 2020 (or 18,320 per year), Following ~s a chart tracing Colher County's population growth over the past 35 years and the projecbon for growth over the next 25 years ICollier County Populalion: tIistorical and Projected{ 1960 1970 1980 1990 1995 2000 2005 2010 2015 2020 Year II Unlrx:,,,,'¢,o, acd I Everglades Ci7 rlNaplcs Source: Comber County Comprehensive Planmng Secbon, May 1995 Bureau of Economic and Business Research - Bulletin # 111. February, 1995 Historically. Florida has attracted a large number of rebrees populabon are esbmated to be 45 years old or older 135 Over 46% of the current county While the number of b~rths usually AGENDA ITEM NO 12 A1 October ~-3. 1998 Pg __135~ Ill I lll Ill Illl Il Ilfl ..................... ~ exceeds the number of deaths each year, 92% of growth has been attributed to immigration Because of the climate, a large share of retirees and second-home buyers reside in the area only during the wrater months. The County Planning Department estimates that during the winter season the functional population in the coastal areas (all Planning Commumt,es except Immokalee) is approximately 33% larger than the permanent population. The Immokalee commumty experiences an influx of about 12,000 seasonal agricultural workers each winter According to the State of Florida Department of Business Regulation. Divisions of Hotels and Restaurants, there are just over 5,100 rooms in the county, which are over 90% full at the peak of the season (February & March). PKF Consulting. through their hotel/motel surveys, has concluded average occupancy for Collier County throughout the year for 1995 was 73%, up 1% from the prewous year. The average daily room rate was $55, up from $48 for the previous year Naples/Collier County has the highest average daily rate in the State. Statewide the average hotel occupancy rate increased 2% to 71% and the average daily room rate increased 3% to $7950 for 1995 Rapid population growth in the county has created the need for construction of homes and expansion of businesses, services, and schools. Total employment in the county has more than doubled in the past decade. According to the State of Florida. Department of Labor and Employment Security, the 1994 first quarter figures indicated 86,140 persons were employed ~n Collier County. compared with 85,722 in the first quader of 1995 and 89.882 in the first quarter of 1996. This represented an ~ncrease of approximately 4.3% between the first quarter of 1994 and the first quarter of 1996. Total unemployment typically fluctuates between 35% and 8% of the work force depending on the season Non-agricultural unemployment is typically between 7% and 8% F~rst quarter employment by major industry group for 1994 through 1996 was as follows 136 IAGENDA ITEM I NO t2 A; October 13 1998 pg 136 ' EMPLOYMENT GROUP , ';. " 1994 1995 -1 ..... i~)~'~ ...... I'~'~'~'~,;o'O-F- ~.~,,.~.~..~ .... ,~ ..... 'NU~ER NUMBER I NUMBER. TOTAL Agriculture, Forestry & Fishing i I g,60.~ 13,602 i 3,754 ~ 1530% Mining 54 31 32 [ 0.04% Construction 6,506 7,168 7,667 8.53% Manufacturing 2, ! 61 2,282 2,510 2.79% Transportation. Communication & 1,893 1,994 2,215 2.46% Public Utilities Wholesale Trade 1,843 2,066 2,085 2.32% Retail Trade 18,533 20,166 _ 20,585 22.90% Finance, Insurance & Real Estate 4,922 4,481 ,1.743 5.28°,/0 Services 23,699 25,61 I 27,208 30.27% Non classified Establishments 427 0.48% ~Govemment 7,926 8,321 8,656 9.63% .TOTAL EMPLOYMENT 86,140 85,722 89,882 100.00% SOURCE State o~' Florida, Department of Labor & Employment Security Almost 82% of the total non-agricultural and non-government employment are m three groups. construction, reta,I trade, and services These figures emphasize the ~mpact of tourism and seasonal residents on the economy. Agriculture plays an ~mportant role also. but the number of employees shrinks to about one-third of the number above in the off-season. There are about 64,024 acres ~n agricultural production with the major crops being c~trus, tomatoes, peppers. cucumbers, watermelons, squash, and ornamentals Farming of beef cattle takes place on 238,680 acres, so the total acreage in agribusiness ~n the County is 302.704 acres producing products valued a: over ,5257,000,000 for the 1994-1995 growing season. The following table lists the major employers ~n the county w~th 200 or more employees. 137 AGENDA ITEM NO 12 A1 October 13 1998 Pg __137__ NO. COMPANY NAME BUSINESS ............................................................................................................................ EMPLOYEES I. Collier County Florida School Board Public School System 3,029 2. Naples Community l-[ospital 3. Publix Supermarket, Inc. 4. Board of County Commissioners 5. Marrion Corporation 6. Winn Dixie Stores, Inc. 7. Ritz-CaRton Hotel 8. County Sheriff Departrnent 9. The Registry 10. Collier Enterprises 11. BancFlorida (Now First Union) 12. Boran Craig. Basber Construction 13. WaLman Discount Cities 14. Barron Collier/Peninsula Improvement 15. Bentley Village 16. Naples Daily News 17. Naples Beach Hotel and Golf Club 18. Barnett Bank 19. Colony Cablevision 20. K-Mar~ Corporation 21. David I,awrence Center 22. Moorings Park 23. Cuisine Management 24. Marco Beach Hilton 25. Radisson Suite Beach Resort 26. United Telephone of Florida 27. N.T. Gargiulo L.P. 28. Manley and Kent Farms 29. Vineyards Golf& Country Club 30. Lely Palm of Naples 3 I. Mor'risons Inc. General Medical I,$00 Retail Grocery .- ~: 1.7.55 County Government 866 Resort Hotel .. i./~]J~ $60 Retail Grocery 760 Resort Hotel ',".~- 758 County Government 748 Resort Hotel ,"' 600 Conglomerate 500 Bank ~'~.( 410 Con,actor 384 Discount Retailer 374 Conglomerate 350 Non-Profit Retirement 335 Newspaper~ledia 32 I Resort Hotel 300 Bank 275 Cable TV Services 225 Discount Reuailer 285 Mental Health Clinic 260 Homes for Aged 285 Caterers/Food Service 260 Resort Hotel 230 Resort Hotel 230 Telephone Company 227 Vegetable Harvesting 225 Produce Farm 220 Count~ Club 200 Health Care/Retirement 200 Restaurant 200 SOURCE: Collier County Demographic and Economic Profile. January 1996. PO 74. According to the 1990 Census, the county's mean household income in 1990 was the second highest in the State at S57,465. The County eshmates that it had risen to S72,076 for 1995 Collier County has had the highest income levels ~n the Southwest Florida region since the 1960's. Sales and Markehng Magazine (SMM) measures ~ncome by effective buying income (EBI) which ~s defined as personal income less taxes and socIal ~nsurance contributions. This category ~s called d~sposable income However, while the majority of counhes in this area have had increases in estimated buy~ng ~ncome (EBI) from 12 7% to 17 3%, Collier County's EBI has decreased just over 10%. This reflects the county's h~gher cost of living. According to the Florida Department of Tax Research, taxable sales in Collier County have grown from $2.014 billion in 1990, to S2,068 billion in 1991, to $2.232 billion in 1992, to S2.467 billion ~n 1993 with the peak month being April. Based on data from National Research Bureau, Shopping Center Directory 1994, the Naples Metropolitan Statistical Area (MSA) has the highest gross leasable area (GLA) of retail space per capita of any MSA in the country. Naples is at 32.26 GLA per capita followed by Ft. Lauderdale, Florida at 31.32, Wilmington, North Carolina at 29.69, 138 NO 12 A1 ,Pg ~138~ Reno, Nevada at 29 41 and Omaha. Nebraska at 2927. The U.S. average is 17 37 square feet Tolal county housing stock m 1990 was estimated to be 94,165 umts, which indicates an average increase of over 4,300 units per year between 1980 and 1990. County Long Range Planmng has projecled that as of 1995 there are 120,655 housing units in the market area (average annual growth of 5,298 units). They anticipate this number to grow to 156,975 housing units by the year 2000 The large increase is due to the in-migration of second-home buyers and retirees from the north Because many of these people do not reside in the area year-round and claim legal residency elsewhere, occupancy status for 1990 was an estimated 66% and the average number of persons per household was 2.41. Housing units "held for occasional use", ~ e second or vacation homes, represent 70% of all vacant units in the county. If these were removed from the vacanct status, the vacancy rate for the county would be about 10% The new growth ~n residenbal units is incorporated in the Collier County Planmng Departments data of the total supply of county housing. Based on the h~storical growth of both populabon and housing umts, they have also made projections for future housing unit needs until the year 2015 Both the h~stor~cal housing supply and their forecasted need for the future ~s dlustrated in the foltow~ng chart As is obvious from this chart and the population chart, almost all the growth has been and will continue to be in the county, i.e., outside the incorporated areas of Naples and Everglades C~ty because they are about 90% built-out. 250.000 225.::)00 200.000 150.000 125.000 100.000 75.000 50.000 25.000 0 [Collier County tIousing Units: Historical and ProjectedI 1960 1970 1980 1990 199S 2000 200S 2010 Year II Unincc~',ra~ ] I"lNaplca SOURCE: Collier County Building Code Compliance Department For purposes of analysis, the CCPD has divided Colher County into 12 unincorporated planning communities and two incorporated areas. The existing and projected housing stock for each of these 14 areas is shown below. 139 AGENDA ITEM I NO 12 A1 Oclober 13, 1998 Pg __139 Source: Collier County Urban Aria Build-om S~udy, Novcmbe:r.,10. ]993 g.279 9. j~ I 12.gZ} I 8.496 12.207 J .977 ).43fi .1.608 5.026 3.01 .l 121 C¢~rk ~:rcw .126 507 (,g I g 7~ · 1.011 6.02 I X t 77 I In cot po rated A rea ~ 19¢~} I'vIS 2{~1 2005 .' .... I o2 2or, 21 2 21 7 Coo,t, ~?.id,..'~,_,?!~ ....... ')4.165_ . 12r}..t'~S___. !5~,."~ SOURCE: Collier County Urban Area Bu,ld-out Study. November 30. 1995 As the above data suggests, the growth trends in Collier County for now and ~nto the foreseeable future are in a northerly and easterly direction from the City of Naples. The exception to this trend is Marco Island, which for the most part is dissociated from the rest of the County. The greatest amount of growth is anticipated to occur in the North Naples Planning Community. followed by Marco Island, and then the East Naples Planning Community. All areas of the County come under the jurisdiction of the County government except 140 NO 12 A1 Pg. Il 140__ Naples and Everglades City. incorporated Cibes that function as independent mumc~paht~es A Board of Commissioners consisting of five elected members governs the County. As mandated ~n the Florida Statutes, each County has formulated a comprehensive plan for future growth and development To De prepared for continuous change, the plan is Updated every four years In the Growth Management Plan the future land use element designates certain road ~ntersect~ons as commercial activit,/centers in an attempt to cluster future commercial developments where roadway networks could handle the increase ~n traffic. This plan, when introduced in 1989. represented swee~)~ng changes that resulted in zoning re-evaluation for a large number of undeveloped properties throughout the County. The trends in the County over the past decade have been increases in population, housing. employment, family income and general real estate values This has been due primarily to ~ts location on the Gulf of Mexico and its subtropical chmate that attracts new residents, The economy of Colher County ~s growing with the populabon and increased tourist activities The economy is highly dependent on the ser~ce trade, and retail sectors. A more diversified economic base w~th light industries is desirable and would create a more stable economy that ~s less dependent on tourism Nevertheless. the physical, social, governmental and economic influences throughout Colher County have prowded a positive atmosphere over the past two decades. The long-term future expectabons are for the upward trends to conbnue, enhancing the value and desirability of all types of properties. 141 AGENDA ITEM I NO 12 A1 ~. 1998 Pg __141__ Nerghborhood Map 142 IAGENDA ITEM J NO 12A'i J ~, lgg8I Pg 142= I Section III 143 IAGENDA ITEM NO 12 Al ~3, 1998 Pg ~143~ Market Analys~s Location Analys~s The ability to draw users to a commercial-professional office and neighborhood oriented retail development is largely a function of its location in relation to s~milar support facihties competing for the same users The primary purpose of location analysis is to identify the subject's compebt~ve position in the trade area. Land Use and L~nkages The subject is located at the northeast corner of the intersection of Goodlette Frank Road and Pine R~dge Road, Land uses in this neighborhood range from single family and multi-family residential uses located predominately to the North, West and South to all types of commercial retail and services uses, as well as office and industrial uses located along Pine Ridge Road to the East distance of the subject site. These centers Major residential communities in the subject's primary market area include P~ne Ridge Subdivision, Pelican Bay, Northern Park Shore, Autumn Woods (under development), Calusa Bay, The Crossings, Villages of Monterrey, Naples Country Club. and that residential area located to the south and east of the Goodlette Frank and Pine Ridge Road intersection. Each of these areas prowdes localized residential support for a neighborhood oriented commercial center, My findings indicate the property is not well suited for residential use Pine Ridge Road, a primary arterial, borders the property on the south boundary. To the west is Goodlette Frank Road. projected to stead¢,! experience increasing traffic counts This alone would not be a major cause for concern, however, considering the irregular shape of the site and it's limited depth a proper land plan would be d~ff~cult at best Of most concern w~th regard to potential for a wabte residential development is the electro-magnebc transmission line, which runs north and south along the westerly boundary line. The narrow property hes between Goodlette Frank Road and the transmission line on the west and developed non-residential uses along the eastern property boundary. Our anatys~s of market activity throughout Southwest Florida indicates no trend in developing properhes like the subject site for residential use. While there is much debate over the health risks associated with exposure to electro-magnetic fields the public at large is resistant. Commercial uses along Pine Ridge Road. to the east of the subject site, are not well defined in terms of a cohesive and functional design and layout. There are presently four major Community Shopping Centers within a one to two mile driving include Waterside Shops of Pelican Bay, 144 AGENDA ITEM NO 12 A1 October 13, 1998 Pg ~144~ Carillon Place. P~ne Ridge Crossings, and Ridgeport Plaza. All of these centers are located along U S. 41 or A~rport Road. Most of the commercial space in these retail centers ~s comprised of larger tenants with few in-lines and are considered regional centers. In contrast, neighborhood oriented retad centers typically consist of a single, smaller supermarket type anchor, w~th additional in-hne tenant space. The closest neighborhood oriented retail centers would be Neapohtan Way and Neapolitan Way South, both of which are located approximately 1 mde southwest of the subject on U.S. ,41. The subiect ~s well located for a neighborhood onented retail center. The subject's location at the intersection of Goodlette-Frank and Pine Ridge Roads, between US 41 and Airport Road is central to several good quality and above average income residential communities The residents of these commumbes presently must travel along U.S. 41 or Airport Road to find neighborhood oriented shopping opportunibes, Given the current congestion on both U,S. 41 and Airport Road, many residents, speofically those liwng west of A~rport Road and-east of U.S 41 would readily patromze a shopping center that could be accessed without travel on US. 41 or Airport Road The subject s~te is also extremely well sited for professional office users, As will be shown there ~s sufficient demand for office space, The trend is for development of one to three story office buildings ~n a well defined and architecturally cohesive setting. Linkages to the subject site are considered excellent. Goodlette Frank Road. at Pine Ridge Road, ~s considered a m~dopoint location for the three major health centers, i.e. Naples Community Hospital, North Collier Health Center. and the Cleveland Chnic (under construction), In addition to the obwous demand from the professional medical commumty other professional serwces would hkely support the development. Conclusion to Location Analysis The subject property is in a Iocabon that has a steaddy ~ncreas~ng_ population base. Potenbal users are readdy available from those who hve nearby the subject, those who are employed in the area, as well as those seeking the excellent Iocabon proximity for establishment of professional office space. There is a large concentration of population within a one to two mile drive from the subject within several good quality and above average income Iow density residential communities. Also. the immediate area to the north and south is expected to continue to grow. After consideration of all of the above factors the subject site is considered an ideal location for both neighborhood oriented retail and professional off~ce space The subject property ,s not considered a practical or economically viable s~te for use as a residential development. 145 IAGENDA ITEM NO 12 A1 October 13. 1998 Pg __145__ Retail Space Demand, Supply and Equilibrium Analys~s An analysis of demand, supply and their equilibrium ~s essenbal ~n order to determine ~f there ~s a need for new retad space or if there is an oversupply of space. After an analysis of hnkages to demand and the location of competitive space we have determined that the subject's primary market area to be a two-mile radius from its location, A map, indicating the subjects compet~twe market area, is included in the addenda of this report Specifically, we have focused our study on the projected future supply and demand, We will determine the demand, supply and equilibrium for the subject's primary trade area for each of the years from 1998 through 2005, Because intended use of th~s report is for planning purposes, we feel that the figures and indications for 1998 are not of particular importance. However, 1998 data must be included, as this ~s the most recent year for which we have data, and this data forms the bas~s of our projections In forming our conclusions for this report we will focus on the years 1999 and 2005 The following pages detad our analysis of the primary market's supply and demand for retad space Except where noted, the following information has been provided by Informabon Dec~sion Systems (IDS) The information was based on projections from 1990 Census data for the primary trade area which ~s a two mile radius from the subject. Analysis of Demand The 1990 population for the primary trade area was 15338 and the 1998 populabon esbmate is 17,991. There were 7.082 households in the pr~mary trade area ~n 1990 and there are an estimated 8,122 in 1998, That numbers represent the number of households occupied by the permanent population. Collier County has a large tourist population who own households for occasional use. Due to the large number of seasonal residents we must consider their effective number of households which contribute to retad demand It is estimated that there isa45% increase in population during the seasonal months. Since these units are only occupied for about four months out of the year, or 33% of the year the seasonal population multiplier is 1 15 (045 x 4/12 = 1.15). Therefore, we have an effective supply of households of 9,340 for 1998. The primary trade area has projected a 1.88% annual household increase, which we have applied to our projections of households in the primary trade area. Averag~ household income in the primary trade area according to IDS is $83,515. Using BEBR projections we expect this amount to increase 3% annually. This results in $780,055,155 in total income for the area in 1998. The U,S. Census city area average amount of household income for retail expenditures ,s 48% of total income, which leaves 52% of ~ncome for savings and spending 146 IAGENDA ITEM NO 12 A1 ~3, 1998 Pg __146__ on housing, insurance, medical expenses, taxes, etc. This would leave ,5374,426.474 for retad sales potential Next we must estimate the types of goods which are purchased in retail centers These goods ~nclude groceries, apparel, footwear, jewelry, furniture, and drug/pharmaceubcal The retail sales report prowded by IDS indicates that approximately 93% of retail sales is in the categories which are most commonly found in the retail market, This indicates that there is $348,216.621 available for goods purchased m retad properties. Consideqng effective households, the trade area linkages, and the large number of shopping centers in the subject's primary trade area we have estimated a 80% capture rate of dollars available for retad expenditures at a shopping center like the subject. We have also estimated that an additional 30% of retad dollars captured from the primary trade area will come from the secondary trade area into the primary trade area. Dollars & Cents of Shopping Centers: 1995 published by the Urban Land Institute indicates that tenant sales per square foot average ,5209 14 and have a median of ,519717 for neighborhood shoppmgcentersonanabonalaverage The average sales per square foot in the South,s $21808 and the median ~s ,5219.07. We feel that ,5220 per square foot is an appropriate amount for analytical purposes This amount has been ~ncreased by 3% annually which is the expected inflation rate Applying $220 of sales per square foot results in a supportable retad area of 1,646,115 square feet in the primary trade area Acceptable vacancy rates range from 5% to 10% Therefore we have added a 7% acceptable vacancy rate to result in a total supportable retail area of t.761,343 square feet in the primary trade area for 1998 The projections indicate that in 1999 this figure wdl increase to 1,794.456 square feet. and to 2.006.626 square feet by 2005. Inventory and Forecast of Compebbve Supply We have surveyed the existing supply of retad space ~n the subject's primary trade area. Our inventory includes shopping centers, and str~p retad centers, stand alone store buildings, etc There is currently approximately 1,526,476( square feet of retail space in the primary trade area The following table details the retail inventory in the subjects market area. 147 IAGENDA ITEM NO 12 A1 October 13, 1998 147 j Tax Il)// Site Address iolal S.F. 0.0:236i 20000 6000 Airport Pulling Rd N Naples 34109 4,661 00241960006 1871 Pine Ridge Rd Naples 34109 2,640 13250000054 5201 Tam iami Trl N Naples 34103 6,710 843 Myrtle Ter Naples 34103 1,998 ~ 5,744' 14450000057 4450000109 14450000154 14450000358 14450000400 848 Myrtle Ter Naples 34103 800 Seagate Dr Naples 34103 600 4,450 850 Seagate Dr Naples 34103 7.270 5295 Tamiami Trl N Naples 34103 5075 Tamiami Trl N Naples 34103 5051 Tamiami TrlN Naples 34103 !.9670_1 34,834[ 148 AGENDA ITEM ] NO 12 A~ October 13, 1998 Pg __148, 14450000756 ,1751 Tamiami '['rl N ,";aple; 34103 605480000,; ..... 700 Neapolitan Way Naples 34103 6054880008 4601 Tamiami Trl N Naplc., 34103 + 20760400001 4125 'Famiami 'l'rl lq Naples ).1103 _..o..' o~ [1961000351 .2770040006 22770160000 22770200008 [9780240006 29780280008 47970200003 [80007 50090760009 50090840000 560000255 6063004000 '%.403 4035 10th St N Naples 34~03 2505 Pine Ridge Rd Naples 34100 906 Tamiami Trl N Naplc,i 34 Itl3 3.';71 ;880'Famiami 'l'rl N Naples 3.1103 3. 127 1898 Tamiami '['rl N Naplus 34103 '~. -1.500 o99 '[ rail 'I t:rrace Dr Naples 3410.'i 2.838 3560 Tamiami Trl N Naples '14103 .1.256 3600 '[amiami 'I ri N Naples 3.1103 2.520 33(')0 Tamiami 'I'd N Naples 34103 325 350 Ta,niarni Trl N Naples 3,110_'--5----- -- !951 Pine Ridue Rd Naples 3.1lOst _~ 11.144 4250 '['amiami lrl N Naples 34103 ........ ........... 606300800-/)'; .......... ~(11) lam~am~ 'ltl N Naples 34103 607832,;00t),; 5257 '[',m~iami I)l N Naples 3.1103 610.12480002 5292 '1 afniami 'lrl N Naples 3.1tl)3 61942520f)0l 10-H) }'linc Riduc Rd Naples 34108 1?..415 6.087 61o.12-;6[)2i.,I {INS0 ['~nc R,, <u Rd Naplcq :.tills ]3145 ........................... ............... l,Ll/, )t)()(Jllf, ; (: ~ ]{]}'] 2 ~l}(l(il, 149 JAGENDA !TEM JNO ~2 A~ Jpg __149__ 66. t0.,10.07 --._ * ....... , ., 5.~q5 lammm~ Irl N Naples .~410g [-~' 06270240304]54t.% 'larnlami I'rl N NaPles :;4108 ..... 5..120 ",4:'- I 66270240401 __ [765 Seagate [')r'~'aple! . o.Ogl 662702,10508 15177 '['amiami Itl N Naples 3,1108 Il .881 67180560005 !6300 Tamiami Trl N Naples 34108 %1 552 67180O60003 1975 Pine Ridge Rd Naples 3.1108 2,932 i " '~ 5.71 67.O1720006 506 Gordon"~ Rtl Naptcs 34108 2 6741000020e, __~ Pine Ridge Rd Naples 3.1109 2.1'06 67410(')00303 ]2436 Pine Ri,h.,e Rd Naples t.1109 2.902 6741 ('11)00400 2,1,18 Pine R,lgc Rd Naples '~.1109 3.4.17 ,67410000507 23'6g'l'inc R,dgc Rd Napl~']]l~i}i~ ......................... 67,110000650 2326 Pine RM~m Rd Naple,, '1,1109 33.7,11 67410000808 '" ~ l _3,, fmc RMgc Rd Naples 3-110~ ] J3.OgO 67.1 l(/Or~1302 12322 t'~rv,' R i,tze P,d Naphzs '3,: i 0'1 71.2(}~ 710200800(}0 L}126 Tnmiaml Trl N '"4aples 'I.110~ -:. 13'" 7476016000',~ 13c'1.~ ~ 'la,,, lam i rtl ',":-?~;i;'F~.~'-~;hi~ ~ ................ 7'7020009205 12-193 Trade Center Wa? Naples 3,1109 ...... 774 l()l}.lO00~ 1,102(} Tam,m'~i '[rl."; N4plc.'., '1.1103 6.56.1 77,110120(1138 13080 'i'am,,rn~ Trl N Na pi,..", 3.1103 I 0.735 7'7.1123600{12 ..... 1.10OO I.hh St N N:,plc,. 3.1',11; 2.812 7t)l~l _80(I j~ ::2.11 Center %t Nnpl,.:q 3.. IC),S .I.600 I,'i.,.I , Potential Retad Space Analys~s To determine the need for additional land to be zoned as for retail use ~t was necessary to perform an analysis ofpotenbalcommeroalretadspace Th~s mcludes an estimate of currently vacant land, which ~s presently zoned for commercial use Using reformation from TransAmenca Metroscan. we surveyed all vacant land within a two-mde radius It should be noted the Pine A~r Lakes PUD~sw~mnthepnmarymarketarearad~usof2mdes There ~s a considerable amount of vacant land ~n the Pme A~r Lakes PUD An exammabon of the PUD documents mdicates that overall the P~ne A~r Lakes PUD ~s zoned for a total of 707.000 square feet of retail space as well as 250,000 square ~eet of office space The PUD documents also restrict the types and s~zes of the buddings to be developed so as [o ensure the development of Regional Retad Centers Because Regional Retad Centers are generally anchored by a full hne department store and draw from an e~ght rode market area. we have not ~ncluded the vacant parcels in the Pine Air Lakes PUD in our survey E×cludmg the Pme A~r Lakes PUD we have surveyed all the vacant land within a two mde rachus of the subject We thendeterm~nedthezomng for each vacant parcel Via this process we have ~nventoned 14 45( acres of vacant property w~th zomng appropriate for retail use w~thm a two-mde radius of the subject The table on the following page indicates the vacant, commerc~all7 zoned properties within a two-mde radius of the subject. 150 AGENDA ITEM I NO ~2 A~ Pg __150__ I 12 13 14 00265160002 1114450000701 82121500,)2 12277012000"/ 4797016000.1 IMaloneyTim Cfc Partnership Eichelberg Beret Langford Tr George P Bill Gray'S inc Midwest Title Building l.td Conley Tr Daniel E 50091000001 Fischer Addison 150091040003 Fisher Addison 1942680006 61942760007 ,Pelican Bay Develop I [nc C iExecutive Development Corp Acres IZoning 0.65~C-2 1.9~1C-4 2.67 C-4 0.78 C-4 3.86 HC 0.24 C-4 0.38~C-4 0.65 C-4 0.22 C-4 0.34 C-4 0.46 C-4 0.34 C-4 0.30 0.16 C-4 0.1 :-4 17 74760080008 Bill GraY'~ lnc I O. l Y-4 t8 74760120007 [Midwest Title Building Ltd t 0.09 ;-4 [ Totals 14.45 The commeroal zon,ng for many of these parcels allows for office and/or hotel uses as well as retail uses Inadr:htion. most of these parcels are located along US 41 North Market trends indicated that the predominate uses along U S 41 are office and hotel uses The predominate retail development along U.S. 41 North has been for medmm s~zed single user retail buildings such as furmture stores Therefore we have analyzed each parcel to determine its appropriateness for retail use We have d~scussed each parcel below Parcel 1 Parcel 1 is located along A,rport Pulling Road just south of Hawksr~dge and North of Badey lane Th~s 65( acre parcel ~s zoned C-2 and currently ~s being offered for office space development. The surrounding properties consist of residential, office and small retail The most likely use for this parcel would be for office development Therefore we have not included th~s parcel m our inventory of vacant retad land~ and potential retail space Parcel 2 Parcel 2 is located on the west s~de of U.S 41 North ~mmed~ately south of the SearsHomehfe budding Th~s 1 95( acre parcel ~s zoned C-4 and ~s currently under development as"Norr~sFurmture".a retaflfurmturestore At the time of our mitial survey, ground had not been broken, and this proposed store has not been included in our survey of existing retail space and therefore we have included this parcel in our ~nventory of vacant retail land. and potenbal retail space Parcel 3 Parcel 3 is located on the west side of U.S 41 North immediately south of the AmSouth Bank building. This 267( acre parcel is zonedC-4. The properties surrounding this parcel consist of hotel & office uses While this parcel's most likely use would be for office or hotel use it still has the potential for retail development. We have included this parcel in 151 AGENDA ITEM NO 12 A~ o 3. Pg m151__ parcel's most development. retail space. our inventory of vacant retad land, and potential retail space. Parcel 4 Parcel 4 is located on the east side of U.S. 41 North at the northeast corner of U.S. 4~ and Ridge Road. This 0.78( acre parcel is zoned C-4. The properties surrounding this parcel consist of office uses. This parcel's most likely use would be for a small office building. We have not included this parcel in our inventory of vacant retail land. and potential retail space Parcel 5 Parcel 5 is located on the east side of U.S. 41 North immediately south of a site which is currently under development as a hotel, and north of the Inn of Naples. This 3.86( acre parcel is zoned HC. The properties surrounding this parcel consist of hotel uses. While this likely use would be for office or hotel use it still has the potential for retail We have included this parcel in our inventory of vacant retail land. and potential Parcels 6 & 7 Parcels 6 & 7 are adjacent parcels located on the south side of M~chigan Avenue east of U.S 41 These parcels are 024( and 0 38( acres ~n s~ze and are zoned C-4 The properties surrounding this parcel consist of office uses. The most hkely use for each of these would be for a small office building or for assembleage and use as an office budding We have not included either of these parcels in our inventory of vacant retail land. and potential retad space. Parcels 8.9 & 10 Parcels 8.9 & 10 are adjacent parcels located on the east s~de of US 41 with addibonal frontage of Ohio Drive and 10th Street North. These parcels are 1 04(. 065( and 0.22( acres in s~ze and are zoned C-4 The properties surrounding this parcel consist of office, restaurant and retail uses The most likely use for each of these would be for a office or retail building or for assembleage and use as an office building, or a retail budding. We have included each of these parcels in our inventory of vacant retail land. and potential retail space Parcels 11 & 12 Parcels 11 & 12 are adjacent parcels located on the west side of 10th Street North. north of High Point Drwe, These parcels are 0.34(. and 0 46( acres in s~ze and are zoned C-4 The properties surrounding th~s parcel consist primarily of office uses The most hkely use for each of these would be for a office building or for assembleage and use as an office budding We have not included e~ther of these parcels ~n our ~nventory of vacant retad land and potential retail space Parcels 13 & 14 Parcels 13 & 14 are adjacent parcels located on the north s~de of Castello drive east of U.S. 41 and south of Pine Ridge Road. These parcels are 0 34(, and 0.46( acres ~n' s~ze and are zoned C-4. While the Collier County Property Appraiser lists these parcels as vacant, they are currently in use as parking for the adjoining Eckerds Drug Store. We have not included either of these parcels in our inventory of vacant retail land. and potential retail space, Parcel 15 Parcel 15 is located on the south side of Rosemary Lane east of US. 41 North Th~s 0 16( acre parcel is zoned C-4. The properties surrounding this parcel consist 152 IAGENDA ITEM NO 12A1 ~3. 1998 P0 __152__ of office and residential uses This parcel's most likely use would be for parking or as a small office building. We have not included this parcel m our inventory of vacant retad land. and potential retail space Parcel 16 Parcel 17 is located on the north s~de of R~dge Road east of U S 41 North ','"'s 0 15( acre parcel is zoned C-4 The properties surrounding th~S parcel consist of office and residential uses Th~s parcels most hkety use would be for parking or as a small off, ce building We have not included th~s parcel m our mventoq/of vacant retad land. and potenbal retail space Parcels 17 & 18 Parcels 17 & 18 are adjacent parcels located on the East S~de of U S 41 and north of Michigan Avenue These parcels are 0 17( and 0 09( acres m s~ze and are zoned C-4 Each of these parcels are only 30 feet w~de making the parcels effectwely undevelopable ~nd~wdually or assembled The only practical use for both parcels would be for assemblage wdh another adjoining, developed parcel for use as parking. We have not included either of these parcels ~n our inventor-/of vacant retad land. and potenbal retad space The table below details the parcels that are appropriate for retail development Map ID Parcel Number Owner Acres zoning 2 14450000507 Occhiuzzo Johr~ F;Hilda 1.95 C-4 3 14450000701 Cfc Parmcrshi,p 2.6? C-4 .., 5 20760200007 Langford Tr George P 3.86 HC 8 47970080003 Conley Tr Daniel E 1.04 C-4 9 47970120002 Conley Tr Daniel g 0.65 C-4 10 47970160004 Conley Tr Daniel E 0.22 C.4 Totals 10.39 As shown in the table above, only six of the eighteen parcels surveyed might be developed for retail uses. These parcels total 10.39( acres From this we can estimate the amount of commercial retail space which could be developed on this land. Based on a market average of 20% budding to la~d area (the budding area typically averages 20% of the land area) we have estimated that the existing vacant, commercially zoned land appropriate for retail development represents the potential for 90,517 square feet of commercial retail space. It should be noted that while these properties are zoned commercial and might be developed for retail uses each parcel could be developed with a variety of other uses. including off~ce space, hotel development, or non- neighborhood oriented retail 153 AGENDA ITEM NO 12 A1 ~3, 1998 Pg __153__ Residual Demand Analysis Following ~s a table that contains all the demand and supply factors, which we have been discussing, We had previously projected that there will be a potential demand for 1.794,456 square feet of retail space in the primary trade area in 1999 and that this f~gure will increase to 2,006,626 by 2005, Also, we have ~nventor~ed 1,526,476( square feet of existing retail space m the primary trade area. Deducbng the existing retail space from the potenbal demand indicates that in 1999 there will be a shortage of 267,980 square feet of retail space ~n the primary trade area. Th~s shortage is projected to increase to 480,150 square feet by 2005. In addition, we have inventoried 10.39( acres of vacant land zoned commercial and appropriate for possible retad use This land represents the potential for an additional 90,517 square feet of retail commercial space To determine the need for additional land to be zoned for retail- commercial use. we have deducted the potential retail commercial space (90,517 square feet of potential retad-commerc~al space) represented by the vacant land inventory, from the projected shortage of retad space. This figure indicates that retail-commercial space in the subject market place in 1999 wdl be in shod supply, and the market will be able support an additional 177.463 square feet of retad-commerciat space over and above the currently existing and presently zoned commercial property in the subject market area We expect this shortage to increase to 389,633 square feet of retail space by 2005. This indicates the need for additional land to be zoned for commercial retail use It should also be stated that this ~s a conservative estimate of supportable retail space since it does not account for retail space that ~s occupied by restaurants, which may account for 10% to 25% of local retail space, nor service professionals such as real estate agents, insurance agents, walk-in medical facilities, etc that are commonly located within shopping centers Also. it should be noted that much of the vacant land surveyed is located along U S 41 While these properties are zoned commercial, allowing for retail uses, past development trends indicate that many of these parcels will be utilized for office or hotel development 154 IAGENDA ITEM NO 12 A1 ~3, 1998 Pg __154__ Conclusion Our analysis indicates a shortage of retail space exists ~n the current market This shortage ~s projected to consistently increase through 2005 Aisc, there ~s very httle vacant space ~n the market area that ~s appropriate for retail development Our analys~s md~cates that the typIcal development of all of the currently vacant commercially zoned land appropriate for retail use would not meet the projected demand. The analysis indicates that in 1999 the subject market can support an additional 177,463 square feet of retail space over and above the currently ex,sting and potential retad space in the subject market. By the year 2005 we expect the subject markel to be able to support 389.633 square feet of additional retail space over and above the currently existing and potential retail space in the subject market. 155 I AGENDA ITEM J NO 12 A1 October ~3, 1998 Pg __155__ 156 IAGENDA ITEM ] NO 12 Al ~3. 1998 Pg __156__ Office Space Demand Analysis The demand for off, ce space had grown rapidly during the 1980's reflecting the area's overall population gains and the resulting growth in employment, particularly the service sector employment, which is the primary generator of office space demand Population growth is projected to continue to increase for the foreseeable future Many analysts expect the area to continue as one of the nahon's fastest growing metropohtan area throughout the next decade. The Florida Bureau of Economic and Business Research has est,mated that Colher County's population will increase by 31% to 260.100 permanent residents by the year 2000. This represents a 5.6% compound annual growth rate in population, which, though lower than occurred between 1980 and 1989 is h~gher than projected for most other areas of the state and country. Two methods are utd~zed to project the impact growth will have on office space demand The first method is a more fundamentally based approach which seeks to relate future population increases to office employment growth and therefore, to office space demand The second method is more pragmatic in that it looks at inferred or historical office space demand in the market and projects forward by increasing h~storical trends at a specific growth rate. A descripbon of these methods and the office demand they forecast follows. Approach No 1 The first step m the demographic based analysis is to project the growth in employment for the counb/ To accomphsh th~s. employment industries have been categorized according to Standard Industrial Classificabon (SIC) code. The number of employees per category as a percent of total population for the yea,'s 1989 to 1995 is calculated to arrive at an estimate of employed persons per category as a percent of population. This estimate enables the projection of employees per category for the future Once the number of employees per category is projected demand can be calculated. The result was an average annual ~ncrease in employment from 1995 to 2000 of 5.942 persons buildings for each SiC code is determined determined in Step No 1 by the coinciding The next step is to calculate the increase of office space occupants over a period of time. F~rst the U.S. average percent of employees in offices per SIC code must be determined. The Handbook of Labor Statistics breaks down employed civilians by industry and occupation. The following occupabons are most often found in office jobs. executive, administrative and managerial, sales, administrative support including clerical. Research indicates that two-thirds of office employees reside in freestanding office buildings, not facilities incidental to a manufacturing process or agricultural warehouse. Using this informabon, the percent of employees in office Mulbplying the projected demand per SIC code as percent in office buildings gives the number of 157 IAGENDA ITEM NO 12 A~ ~~. 1998 employees in office buildings The total ~ncrease in office building employees from 1995 to 2000 ~s estimated to be 4,296 persons The third step ~s to estimate office space demand, The final unknown variable is the average amount of space per employee, The Building Owners and Management Association (BOMA) estimates that the average firm requires 275 square feet of space per employee In projecting Naples off~ce demand, we have incorporated a range of square feet of office space per employee. We have established the range at 165,220 and 275 square feet per employee based on m house and national surveys Th~s range ~s based on past studies and a recent survey of space per employee These amounts are multiplied by the total number of employees m office buildings for a given period of time in order to arrive at the amount of space needed for that period Th~s amount d~wded by the number of years in the period yields average annual demand for that period. They are summarized in the following table OFFICE SPACE DEMAND Range of Sq. 1995-2000" ' ·" INCREASE 708.818 220 o.:5.0o0 FtdEmp. 165 · :Annual Demand 1995- 2000 118.136 157.515 196.89.1 These computations yield an estimated average annual demand for office space of 118.136 square feet (165 square feet per employee), 157,515 square feet (220 square feet per employee) and 196,894 square feet (275 square feet per employee). Approach No 2 A historical analys~s of office absorption was made as a check to our population based forecast A summary of annual office absorption between 1993 and 1997 within the primary office categories follows 158 I AGENDAITEM NO 12 A1 ~~3.1998 Pg ..... 158 OFFICE ABSORPTION ,..,--.n,,n · 1.. ,,:1993 ~?r.. , 1994 !,:.~ 1995 ',, 1996 ,.::"',. 1997 . .'.. AVG. A I -8,162 63,505 -5,984 56,775 108,269 42,881 _ B 21,048 -2,944 36,839 13,389 -3,248 13,017 C -9,459 28,271 31,310 -344 5,370 11,230 _Retail 15,382 3,285 1,935 24,146 -6,084 7,733 Exec. 1,297 20,749 4,547 1,380 -500 5,495 Med. 3,151 15,368 6,242 17,900 24,126 13,357 TOTAL 23,257 128,2341 74,889 113,246 127,933 93,512 Conclusion Based on the two forecasting methods, ~t ~s concluded that average annual office absorption m Naples will be appro;,~mately' 150.000 square feet between 1998 and 2000 Obviously, economic cond~bons and Ihe ava~lab~hty of space may cause large fluctuabons between years, but over the long run the average annual office demand m Colher County should be near our estimate. Class B and Medical ©ff~ce comprise approximately one third (1/3) of all space absorbed m the Collier County Market The development of Class B and Medical office space is a logical prospective use at the Goodlette Road and Pine Ridge Road corndors This location offer the obvious advantage of proximity to all the current and proposed primary medical facilities as well as the s~tus ~s conduc,ve to a well planned devetopmenl w~th a cohesive architectural style O,~ce Space Supply Analysis The office market has been very cychcal over the past several years with tightening market condibons prompting huge increases m new construcbon which depress the market until the excess inventory is absorbed. This characterisbc ~s not unusual in a highly competibve real estate market where a large amount of human and financial capital is available for exploiting real estate opportumt~es This factor, combined with the area's historical land availability and relatively stable but hm~ted demand for office space, has led to a "boom to bust" office development cycle Two periods of large ~ncreases in office development occurred in the 1980's. The first was between 1982 and 1985 when 630,746 of new office space was completed, a 176.5% ~ncrease over 1982 levels. Th~s development occurred partly as a result of very tight market conditions existing in the early 1980's where vacancy rates were below 4% and partly as a result of geographic expansion in the market with Pelican Bay and the North Trail emerging as acceptable office markets The large increase in development caused overall vacancy rates to rise dramatically to 37% by 1985 New construction subsequently was proportionately reduced between 1986 and 1959 until demand caught159uP w~th supply. During this period, average ~)~. 1998 annual new office construction was 160.652 square feet or 1.22 square feel per Colher County resident compared to 157,687 square feet during the prior four years, or 1.48 square feet per Collier County resident Improved market conditions in 1988 and 1989 generated a new boom in office construcbon Total A, B, C and Office/Retail space built between 1988 and 1992 was 842,966 square feet The majority of th~s increase occurred ~n the Class A segment of the market where 427,280 square feet were built. This caused overall vacancy rates to increase to above 20%. However. vacancy rates declined in 1991 as the new office space was being absorbed, but increased again in 1992 as a result of the nabonal recession. Since 1993, the office market has been impressive, with steadily increasing absorption rates and steadily decreasing vacancy rates. The following table details the amounts of office space built, and absorbed over the past five years, as well as the vacancy rate The overall vacancy rate decreased to 10% in 1997. 160 IAGENDA ITEM NO 12 A1 ~ '~-~, 1998 Office Space Conclusion We have projected that the Collier County office market will demand approximately 150,000 square feet of office space per year through the year 2000. The current supply of space shows that 1997 vacancy rates were at a 10 year Iow at 10.9%. Preliminary estimates for 1998 indicate that vacancy rates will continue to drop, even as the pace of construction picks up. From this we can conclude that the Collier County Office Market is near equilibrium with any shortages being attributed to the Class B and Medical space. We can also conclude that the market can support up to 150,000 square feet ef newly constructed office space per year through the year 2000. 161 IAGENDA ITEM NO 12 A1 ~T3, 1998 P~ . 161 Summary and Concrus~ons of the Market Study Based on the prewous market analysis and study of the retail commercial market, we have summarized our f~nd~ngs and conclusions for the subject commercial-professional office and neighborhood oriented retail development as ~nd~cated below. The subject property ~s located w~th~n an area that ~s experiencing rapid and steady growth Families whose household income ~s hfgher on average than the state as a whole populate Colher County in general and the subject's ,mmed~ate neighborhood in particular The sublect site appears most conducive for use as a commercial-professional off~ce and neighborhood oriented retail development It was determined that the subject's primary trade area ~s w~thin a two-mite radius The subject sf~e ~s not considered economically viable in terms of residenbal development Of pr~nc,pal concern ~s the Electro-magnebc h~gh power transmission hnes bisecbng the s~te. the site's narrow, irregular configuration, and location at the intersecbon of ma]or north-south and east-wesl roadways We have analyzed the local economy m terms of employment, population and income Populabon growth rate projechons are not as h~gh as they were during the 1980's for the area. however they are higher than the state and nabonal averages Per capita income and median household ~ncome are expected to ~ncrease at the same rate or shghtly ahead of inflation Therefore. w~th the expected growth ~n the retad and service industries, one of the fastest growing industries in the nation, and an expected healthy increase ~n income levels, we expect there to be an ~ncreasing demand for retail and office type space ~n the subject's competitive area The exishng s~te ~s along a corridor that has a steadily increasing population base Most of the commercial development in the area is concentrated to the west on US 41 and along Airport Road to the east Potential users are read,ly available from those who live nearby the subject property There is a large concentration of population within a two-mile drive from the subject property within several good quality and above average income Iow-density residential commumt~es The property's Iocat~onal proximity to the primary health facilities and the s~te size are very conducive to professional office development After consideration of all of the above factors the subject s~te is an ideal location for a commercial-professional office and neighborhood oriented retail development The forecast of retail demand began with an esbmation of effective households in the primary trade area that included permanent and seasonal residents due to the large tourist populabon Average household income was estimated next from which it was determined the amount of those dollars which are available for retail expenditures in the primary trade area. The retail dollars captured by the primary trade area were converted into supportable retail square feet by dividing the amount of sales required per square foot of retail space. Our estimate of existing supply of retail space ~n the primary trade area was based on an inventory conducted in April 1998 162 AGENDA ITEM NO.. 12 A~ Oclober 13. 1998 Pg ~162~ Demand of retad space and the supply of retad space in the primary trade area are currently ~n under supply Th~s shortage, which is projected to consistently increase through 2005. supports the need for a neighborhood retail center. Overall. the subject benefits from its location within a densely populated area of above average ~ncome households and from its situs which will allow for a well planned mix of both office and retad uses At the present time, within the subject site's primary trade area there is a shortage of approximately 177~500 (rounded) square feet of commercial retail space in 1999 increasing to 280.500 (rounded) square feet by year 2002. Further there appears to be demand for upwards of 150.000 square feet of professional office space, at the present t~me, depending on class of developmeqt 163 AGENDA ITEM NO 12A1 October 13. 1998 Pg __163__ Res~nchons Upon D~sclosure and Use Disclosure of the contents of this market study is governed by the by-laws and Regulabons of the Appraisal Institute. One (or more) of the signatories of this market study is a Member (or Candidate) of the Appraisal Institute The by-laws and Regulabons of the Institute require each Member and Candidate to control the use and distribution of each market study signed by such Member or Candidate. Therefore. except as hereinafter provided the party for whom this market study was prepared may distribute copies of this market study, in its entirety, to such third parties as may be selected by the part/for whom this market study was prepared; however, selected portions of th~s market study shall not be g~ven to third parbes without prior written consent of the signatories of this market study Further. neither all nor any part of this market study shall be disseminated to the general public by use of adverl~s~ng med~a pubhc relations media, news med~a, sales media, or other med~a for pubhc commumcat~on w~thout prior written consent of the signatories of this market study 164 AGENDA ITEM NO 12 A1 ~ctober ;I 3, 1998 Pg. __164.. 165 AGENDA ITEM NO 12 A1 October 13. 1998 Pg. __165 Age Residence 1967-1970 1970.1972 1972-1975 BIOGRAPHIC DATA Born November 4. 1952 Lakeland. Florida Qualifications of Julian L. H. Stokes, MAI, CRE EMPLOYMENT HISTORY 1974. 1976 Real Estate Salesman 2262 Coach House Lane Naples, Florida EDUCATION H}gh School D~ploma Edgewater H~gh School Ortando. Florida Assoc,ate Science Degree University of South Florida Tampa Florida Bachelor of Science Business Admm~strahon Real Estate and Urban Land Studies Umvers~ty of Florida Gameswlle. Florida REAL ESTATE EDUCATION Pre-Des~qnabon Society of Real Estate Appraisers - Course 101 1974 - Course 201 1975 American Insbtute of Real Estate Appraisers - Course 18.1 1980 Course 18.2 1980 Course 18-3 1980 Course SPP 1980 Course 2-2 1981 Course 2-1 1981 Course 4 1982 State of Florida 1976 - 1977 Appraiser Concord Properbes Inc Naples, Florida 1977 - 1989 AppraiserN~ce President Kushman Stokes Armalavage, Inc Naples, Florida 1983 - 1989 Appraiser/Vice President Hospitality Valuabon Serwces. Inc (Florida) 1989 - Present Appraiser/President Appraisal Research Corp of Naples, Florida Post-Des~qnat~on One hundred (100) hours of continuing educabon every five (5) years including Slandards of Professional Practice APPRAISAL ACTIVITY Performed assignments for a multitude of sawngs and loan associations, commercial banks, and other financial mstdutions Extens~veexpenencem Leasehold andparbai interests, residential (single and mulb-family), par~al taking and before/after valuation for Eminent Domain, office buddings, restaurants, commercial retad centers, industrial warehouse properlies, motor hotels, Iow-rise apartments. mobde home parks, proposed PLID subdiwsions, out-pabent medical facilities and economic feasibihty studies for wllas, m~d and h,gh-rise condominium projects Chents include, but are not hmited to. developers, investors, lawyers, morlgage banking firms, local, state, and federal agencies, and individuals Quahfied as expert w~tness m C~rcu~t and Federal Court. PROFESSIONAL AFFILIATIONS Appraisal Institute Counselors of Real Estate National Association of Realtors LICENSES Real Estate Broker, State of Florida #0221937 State-Certified General Real Estate Appraiser, #RZ0000490 MAI - CRE - DESIGNATIONS Member, Appriasal Institute, #7900 Member, Counselors of Real Estate 166 IAGENDA ITEM NO 12 A1 ~3.1998 Pg,,,, 166__ TO: FROM: DATE: RE: AGENT: MEMORANDUM COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVEI.OPMENT AND ENVIRONMEN~'AL SERVICES DIVISION September 1, 1998 PETITION NO. CP-98.2, NEIGHBORHOOD VILLAGE CENTER SUBDISTRICT. GROWTt1 MANAGEMEN~I' PLAN AMENDMET Agent: Owner: John A. Karen Bishop PMS, Inc. of Naples 2335 Tamiami North, Suite 408 Naples, Florida 34103 Pulling Jr. & Lucy' G. Finch 181~1 US 41 Bonita Springs Florida 32918 REQUESTED ACTION: This petition seeks to amend the Future [.and Use Element - Text Only of the Collier County Growth .~Ianagement Plan to include a new commercial subdistrict land use category. GEOGRAPHIC LOCATION: This amendment is not site specific and does not require a map change for the subdistrict to appl?'. PURPOSE/DESCRIPTION OF PROJECT: ]'he intent o:' thi~ amendment is to create a new commercial subdistrict that would all(),.,,' for small scale. nnxed u,;e commerc:al centers that would provide public activmes and essential sen'ices which would reduce :ra."fic congc,~ta,n by providi, ng commercial sc~'ices within walking or biking distance of residential ne~ghborimods. Locational criteria includes the following: 1. Property muq fall within the Urban Area Designation 2. Prt,per~y must be on an arterial or collector road as designated by Collier County 3. PropertF' must be a minimum of one half mile away from an Activity Center or other Neighborhood Village Center (NVC). Distance is meaxured from the intersection of the Activity (Tenter and between property lines for NVC. 4.The pared shall have a minimum of one (1) acre and a maximum of thirteen acres. 5. Parcels under three acres must have a minimum street frontage of 200 feet and parcels over 3 acres must have a minimum street frontage of 350 feet. 6.The parct l shall not exceed 1,350 feet in an,.' direction. 7. No subdivision of parcels shall be permitted to create a NVC but existing contiguous parcels of record as of the adopted date of this article may be aggregated to form a N\:C. The amendment proposes that a set of specific design standards be adopted in the Land Development Code at a later date in order to implement the district. A draft of the standards are included in Attachment A of the application and include such standards as limiting the building footprint to 5,333 square feet for individual buildings and 10,000 square feet for cMc and institutional buildings; permitted uses; and setbacks. ~7 AGENDA ITEM I NO. 12 A1 I October 13, 19981 Pg. 167 ] STAFF ANALYSIS: Environmental Impacts: N/A - Not Sire Specific Effects on High Range Population Projections: N/A - Not Site Specific Public Facilities Impacts: N/A - Not Site Specific Compatibility/Commercial Demand Analysis The petitioner has not provided a market analysis on the proposed amendment, stating that since it is not a designated map change there is no need to provide the information. The market-demand analysis is designed to demons:rate that the market conditions warrant new commercial development; that infrastructure is available; and the commercial use will be compatible with other surrounding land uses. Thc 1997 Market.Conditions Study prepared by Fraser & Mohkle Associates, Inc. analyzed the commercial development potential of three areas within the urban county: North Collier and Uroan Estates Planning Communities; Central and Golden Gate Planning Communities; and Ea.st Naples and South Naples Planning Communities. According to the Study there are 3,834 acres of commercially zoned property with a retail demand of1304 acres by the year 2005. The study concludes that ~here is an adequate supply of commercial property within the Urban area. This new Neighborhood Village Commercial Subdistrict would allow properties that currently do not meet the criteria for commercial land use subdistricts i.e. Activity Center, PUD Neighborhood Commercial, or Commercial Under Criteria to qualify for commercial development. Staff estimates that 775 acres of property within the Urban area may qualify for this net' subdistrict per the locational criteria of one-half mile from the intersection of an Activity Center set forth in this amendment. The amount will be reduced as Neighborhood Village Centers develop and the spacing criteria is applied. The petitioner has stated that the intent of the district is to provide retail opportunities to neighborhoods so that trip generation is reduced because residents of surrounding neighborhoods will choose to walk or ride a bicycle to this shopping destination, t towever, the locational criteria does not require that residential uses be in close proximity or that connection to those residential developments is provided. A subdistrict ver'v simdar to the Neighborhood Village Commercial subdistrict was proposed during the Evaluation and ,kppra~sal Report and the BCC did not include it in the final adoption of the Grot'th Management Plan. The intent of the proposed Neighborhood Village Center subdistrict, providing convenient commercial uses to residential neighborhoods, is already provided for in the 1997 adopted Growth Management Plan as outlined in the: · PUD Neighborhood Village ("enter Subdistrict · Traditional Neighborhood District. These two districts allow commercial uses that will ser~'e the daily needs of the residents of the PUD. The commercial acreage eligible under these districts will be determined in proportion to the number of residential units to be sen'ed, but shall not exceed 15 acres. Development Standards for both of these districts will be adopted into the Land Development Code. Staff analyzed modifying the locational criteria to assure that the intent of the district - 'to provide commercial sen'ices within walking or biking distance of residential neighborhoods" - be achieved without creating strip commercial development. Staff would recommend the locational criteria be 168 JAGENDA ITEM NO. 12 Al October 13, 1998 Pg. 168 amended to include: 1. No closer than one-half mile from the boundary' of an Activity Center, property zorn. 2 commercial, or other Neighborhood Village Centers 2. Adiacent ',no inte~'ening street) to a residential subdivision with a physical interconnection to the Neighborhood Village Center, such a.s a side*.'alk, bike path or road*.'av. Staff can not calculate which parcels would meet the interconnection criteria without discussing thc fea.sibilitv of the interconnection with each subdivision, however, there are approximately 123 acres of vacant agriculture land that meets the one-half mile distance criteria from an Activity Center, property zoned commercial or r>ther Neighborhood Village Center and are adjacent to residential development. Available acreage *.'¢,ulcl be reduced as Neighborhood Village Centers are developed or the interconnection with residential subdMsions are discovered to be unattainable. FINDING5 AND CONC1.USIONS: 1. ]'he intent of the subdistrict district is to provide convenient commercial opportunities for residential neighborhoods, however there is no locational criteria requiring proximity to residential areas and providing for interconnection to them. 2. There is no propo,ed spacing criteria that looks at spacing between stand alone commercial prope~ie~ which could lead to the strip commercial development. It is also unclear ho*.' the distance from an Activity Center would be measured. 3. The intent of this :ubdistrict is provided for in two districts of the F[.UE: the PUD Neighborhood Village Center and the Traditional Neighborhood District. 4. Without the linkage to residential units, the Neighborhood Village Subdistrict could be developed as convenient commercial stops for the vehicular traffic and have little impact on reducing the number of car trip, because people *.'ill typically not walk more than a quarter- mile. 5. The intent of the proposed subdistrict is to create mixed use commercial centers, however the proposed language does not include residential as a permitted use and the density is not specified. Depending on the location of the parcel, the density could be interpreted at 3 units per acre. which on a 3 acre tract could allow a maximum density of 9 residential units, which is not sufficient to develop ,u a mixed used project. 169 AGENDA ITEM NO. 12 A1 October 13, 1998 Pg. 169 AGENDA ITeM 7.1 STAFF R~COMMENDATIQN: St~ff recommends that the Collier County Plaxu~g Commission (CCPC) forward Petition CP.98-2 to the Board of County Commissioners (BCC) with a recomm~dation not to transmit this amendment to the Florida Department of Community Affairs (DCA). If the CCt:'C chooses to recommend this petition for Iran.smittal, staff would suggest takat the foUowing additional criteri, a be included: 1. No closer than one-hail mile from the boundary of an Activity Center, property zoned commercial, or other Neighborhood Village Centers 2. Adjacent (no interverung s~eet) to a residential subdivision with a physical mt~rcormection to the Neighborhood Village Center, such as a sidewalk, bike path or roadway, PREPARED BY: REVIEWED BY: · ARS^ c^cc o , COMPRE~NS~ PLAN~G MANAGER PLANNIt'ICES DEPARTMENT DIRECI'OR VINCENT A. CALr'I'ERO, ADMINISTRATOR COMMUNITY DEV. AND ENVIRON~{ENTAL SERVICES DIVISION September 3, 1998 DATE DATE Petition No.: CP-98-O2 NOTE: TkLs Petition vdll be advertised for the October 13, 1998 BCC mee'dng. 0LLIER COUNTY PLA.~p COMMISSION: MICHAEL A. DA'vIS, CHAi"RMAN 170 IAGENDA ITEM NO. 12 A1 October 13, 1998 Pg. 170 APPLICATION FOR A REQUEST TO AMEND DATE S UFF] CIEggT ...... ' T~is applic,,io~. ',,4~ all n:quircd supplemcmal dau ~nd information, mus~ be completed ,,nd nc~cx'np~.nicd by the sppropri,i~ fe~. ~d r~mmed ~o ~c Compr~bensive Pl~.nning Section. 2900 North Horseshoe Drive, N',plcs. Florida 34104. 941-403-2300 (Fax 94 I.-643.6965]. The al:~lication must be reviewed by staff for sufficiency wilhin 30 calencbJ days following thc filing deadline processed and ~dvenist:d insu~c~m. ~e ~plicam will ~vc a~licafi~. 941 SUBMISSION REOLrl REMENT,~ GENERAL INF ~QILMAI2.Q~ A. Name of Applicant ~Iohn A. Pulline .Ir, ff-'._],ucv G, Finch Company " Address -l.8.191JJfi 41 City ~lortlta Spes. State Florida Zip Code 3391[I ~ Phone Number ~041. 432-991~$ Fax Number 941. 432-99[16 Name of Agent* _Karcn Bishoo ' THIS WILL BE THE PERSON CONTACIED FOR ALL BUSINESS RELATED TO THE PETITION. Company _ PMS Inc. of NapJ_~... Address 2335 Tarniarni Trail N.. SI, 408 City N~ol~'~ State Floricla Zip Code 34103 Phone Number 941-435-9080 Fax Number 941-435-90811 Name of O,~mer (s) of Record Address City State Zip Code Phone Number Fax Number Name. Address and Qualifications of additional planners, architects, engineers, en','zronmental consul*ants and other professionals providing information conlain~ in this application. 171 AGENDA ITEM NO. 12 A1 October 13, 1998 Pg. 171 Il. DESCRIPTION OF PROPERTY . N/A Text Change Only A. L~gal Description B. Ch:ne rs! Location C. Plzrmmg Community __ D. TAZ E. Si~ in Acres F. 7~)ning G. Surrounding Land Us~ Pattern H. Futu~ Land Use Map Designation (s) ~ OF REOUEJT Ao GROWTH MANAGEMENT PLAN ELEMENT (S) TO BE AMENDED: Housing Elem~ nt ., Tra[fic Circulation Sub-Element Aviat)on Sub-Element Samtary .Sewer Sub-Element ~ Solid W~u: Sub-Element __ Capital Improvement Element X Future Land U~ Element - Texl Only .... lmmokalee Master Plan R~cr~.afion/Op~ n Space __ Max Transit Sub-Element Potable Water Sub-Element NGWAR Sub-Element Drainage Sub-EIcmcnt CCME Element Goldcn Gatt Master Plan Amend Page(s) ~ of the Future Land Use - Element as follows: (Use C-~ to identify language to be deleted; Use Underline to identify language to be added). Attach additional pages if necessary: See Attached Paite Co Amend Future Land Use Map(s) Designation From N/A To N/A Amend O',her Map(s) And Exhibits As Follows: (Name & Page #) F/A Eo Describe Additional Changes Requested: Changes will be rg:quired to the Land Land Dgvelovmelnt ¢0de in order to im_~lement the rexluested Future Land Use Dcsignatign. Justification for the requested Amepdment and thc purr, ose and intent behind creatin£ this tv_lye of land t:s~: district, ¢< be found in Anachment "A". Proposed ~e','elot:)men! ,standards and arghitectura] guidelines ar~ also referepged in Attachment 172 IAGENDA ITEM NO. 12 A1 October 13, 1998 Page LU-I- 12 should be amended to read as follows: Policy 1.1: The URBAN Future Land Use Designation shall include Furore Land Use Districts and Subdistricts for: A. URBAN - MIXED USE DISTRICT 1. Urban Residential 2. Urban Residential Fringe 3. Industrial under Criteria 4. Commercial under Criteria URBAN - COMMERCIAL DISTRICT 1. Activity Center 2. Future Activity Center 3. PUD Neighborhood Commercial 4, Neighborhood Village Center URBAN - INDUSTRIAL DISTRICT 1. Industrial under Criteria Page LU-I-37 of the Future Land Use Element should be amended to read as follows: 3. NeighborhoockVillage Center Subdistrict Thc pu~c of this subdistrict is to allow for small scale, mixed use commercial center;, whichprovide publi~ activities and ser¥c to reduce traffic congestion by providing essential services ~ithin walking or biking distance of residential neighborhoods. Properties designated for Village Center development and uses shall be designated as infil] properties or .~hould be one to thirteen acres in area and meet additional location01 and dimensional crilcfia as specified within the Land Development Code for Neighborhood Village Center subdistricts. Development of these properties shall provide ~chitecturally unified design within the character of thc communi[¥ providing opportunities for walking and biking through design, and creating environments dcsigncd for pedestrian activities. 173 , IAGENDA ITEM NO. 12 A1 October 13, 1998 Pg. 173 D; REOL'IRED INFORMATION This re, quest is for a text change only. NOTE: ALL AERIALS MUST BE ATA SCALE OF NO S,¥1ALLER THAN I"' ,,, 400'. At least one cop.,, reduced to 8 [5 x Il shall be provided of all aerials and/or maps. A. L,~SE Bo Co ~ Provide general location map showing surrounding developments (PUD, DILI's, existing zoning) w~th subject properly outlined, .-L%'/.~.. Provide most recent aerial of site showing subject b~ndaries, source, and date. ~ Provide a map and summao, table of cxistmg la. nd use and zoning within a radius of 300 feet from boundar:cs of subject property. YL~'URE LAND USE DESIGNATION _.~tA Provide map of exist{ng Future L.and Use Designation(s) of subject property and adjacent lands, with acreage to(als for each land use designation cm the sub~ect property.. l~X VI R ON,'N[E,N'TAb ~ Provide mcat recent aerial and summary table of acreage native habitats and soils occurring on site. HABI"f'AT IDENTTF'ICATION MUST BE CONSISTENT WITH THE FDOT- F'I.~RIDA LAND USE, COVER AND FORMS CLASSI~CATION SYSTEM 0zL. UCCS CODE). NOTE: THiS MAY BE INDICATED ON SAME AERIAL AS THE LAND USE AERIAL IN "A" ABOVE. _N/A Provide a summary table of Federal ('US Fish & Wildlife Service) and State (Florida Game & Freshwater Fish Commission) listed plant and arLim~l species known to occur on the s:te and;or known to inhabit biological communities similar to the site (c.g. panther or black bear range, avian rookery, bi.rd migratory route, etc.). N/A Identify historic and/or archaeological sites on the sub.ject property. C, R ()'~,TII 31~ Reference 9J-] 1.006, F.A.C and Collier 1.1.2 (Copies atlached). County's Capital Improvements Element Policy I. INSERT "y" FOR YES OR "~"C' FOR NO IN RESPONSE TO THE FOLLOWING: ~ Is the proposed amendment located in an Area of Critical State Concern? (Reference 9J-I 1.006(I)(a)(2), F.A.C. If so, identify area located in ACSC. ~ Is the proposed amendment directly related to a proposed Development of RegionaJ Impact pursuant to Chapter 380, F.S. 7 (Reference 9J-I 1.006 (1) (ay 4.a, F.A.C.) N/___~A_ Is the proposed amendment db'ectJy related to a proposed Small Scale Development Activity pursuant to Subsection 163.3187 (I)(c), F.S. ? (Reference 9J-II .006(I )(ay 4.b. F.A.C.) ~ Does thc proposed amendment create a sigrfificant impact in population which is defined a potential increase in Co~nty-wide population by more than $ck of population projecttons7 (Reference Capital Improvement Element Policy l.l.2). If yes, indicate mitigation measures being proposed in con~nctJon wi~ the proposed amendment. /"//6 Docs thc proposed land u.se cause an increase in density a.~d/or intensity to the us,es permitted in a specific land use designation and district identified (commercial, industrial, etc.) or is the proposed land use a new land use designation or district7 Provide data and analysis to support the suitability of land for the proposed use, am:l compatibility of u~ with surrounding la. nd uses. as it concerns protection of environmentally sensitive la.nd, ground water and nap. ira] resources. 174 / GENDA ITEM O. 12A1 October 13, 1998 Pg. ,1 74 Fo PUBLIC F_A_~ N/A Text Change Only Provide the existing Level of Service Sta. nd~rd (LOS) and document the impact the proposed change will have on the following public facilities: Potable Water _. Sanitary Sewer ... Arterial & Collector Roads: Name specific road and LOS ... Drainage Solid Waste Parks: Community and Regional If the proposed amendment involves an increase in residential density, or an increase in inten~iry for commercial and/or industrial development that would cause the LOS for public facilities to fall below the adopted LOS, indicate mitigation measures being proposed in conjunction with the proposed amendment. (Reference Capital Improvement Element Policy 1.1.5) Provide a map showing the location of existing services and public facilities that will serve the subject property (i.e. water, sewer, f'u'e protection, schools arx:l emergency medical services). ~ Document proposed services and public facilities, identify provider, and describe the effect the proposed change will have on schools, fire protection and emergency medical services. OTHER - N/A Identify the following areas relating to the subject property: Flood zone based on Flood Insurance Rate Map ~ta (FIRM). ~ Location of well fields and cones of influence, if applicable. (identified on Collier County Zoning Maps) Traffic Congestion Boundary, if applicable ~ Coastal Management Boundary, if applicable ~ High Noise Contours (65 LDN or higher) surrounding the Naples Airport, if applicable (Identified on Collier County Zoning Maps). SUPPLEMENTAL INFORMATIOb' $3,000 non-refundable filing fee, plus $30/acre for each affected area for Future Land Use map amendments, made payable to the Board of County Commissioners due at time of submittal. $1 500 non-refundable filing fee for a Small Scale Amendment made payable to the Board Board of County Commissioners due at time of,~ubmitt~l. Proof of ownership (Copy of Deed) Notarized Letter of Authorization if Agent is no~ the Owner (See attached Form) I Original and 5 complete, signed applications with all attachments including maps, at time of submittal. After sufficiency is complete. 25 copies of the complete application will be requb'ed. Maps shall include: North arrow, name and location of principal roadways and shall be at a scale of I" - 400' or at a scale as determined during pre-application meeting. 175 AGENDA ITEM J NO. 12 A1 October 13, 1998 Pg. 175 LETTER OF AUTItORIZATIO~ TO WHOM IT MAY CONCERN: to serve m my Agent in a rr..qtzst to amcr~ thc Collier County Growth Management Plan affecting propcrl7 identified in th~s Application. _ I hereby certify that I have thc authority to make the foregoing application, and that the application is true. COCT~Cl ami complete to the best of my knowledge. ~n~ Signature of Applicam STATE. OF ( ) COUNTY OF ( ) Swor~to and subscribed before me this Not--r7 Public Name - Typed or Printe~ MY COMMISSION EX:PIKES: CHOOSE ONE OF THE FOLLOWING: k// who is personally known to me ~ who has produced did take an Oath i ~ did not take an Oath ~ identification NOTICE. BE AWARE THAT: .~.: ,~ :...,' .. · l;]orlda Statute Section 837.06 - False Official Statements Law states that: "Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his official duty shall be guilty ora misdemeanor of the .second degree, punishable as provided by a fine to a maximum of $500.00 and/or maximum ora sixty day jall term." 176 IAGENDA ITEM NO, 12 A1 ] October 13, 1998] Pg. 176 / COLLIER COUNTY COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Karen Bishop PMS, Inc. or' Naples 2335 Tamiami North, Suite 408 Naples, Fl. 34103 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 May 26, 1998 RE: Neighborhood Village Center Subdistrict Growth Management Plan Amendment . CP-98-2 Dear Ms. Bishop: Following my review for sufficiency of the Comprehensive Plan Amendment application submit-ted, I have the following comments: 1. Item D under Section I - General Information -requh'es that Name, Address, and qualifications of additional planners, architects, engineers and other professionals providing information contained in the application be listed. That irfformation should be provided for the consulting firm, Architelier, who prepared Attachment A of the application. 2. Item E under Section III - Type of Request- The page numbers listed in the FLL~E are incorrect. The first referenced page number should be LU-I-10 and the second is LU-I-38 3. Text clarification is needed under the purposed Neighborhood Village Center Subdistrict. The text states the following: "Properties designated for Village Center development and uses shall be designated as irufi]l properties or should be one to thirteen acres in area and meet additional locational and dimensional criteria as specified v~ith/n the Land Development Code for Neighborhood Village Center subdish-icts." The text states properties will be designated as 'infill" or should be one to 13 acres. This statement needs to be clarified. Are you referring to the Commercial Under Criteria requirements as listed on page LU-I-287 Does that mean that properties that are less than one acre can be designated Village Center as long as they meet the 'infill' criteria. If so, can the intent of a "Vil/age Center" be accomplished on a parcel less than one acre? Builchng Review & Permitting (941) 403-2400 Natural Reaource~ (941) 732-2505 Code Enforcement (941) 403-2440 Housing & Urban Improvement (941) 403.2330 Planning Services Pollution Control (941) 403-2300 (941) 732-2502 177 AGENDA ITEM NO. 12 A1 October 13, 1998 Pg. .177 4. Under Section IV- Required Information, Item D. Growth Management. Question #5- requires that data and analysis to support the suitability of land for the proposed use be provided. This requirement was also stated in the memorandum faxed to you on March 17 from David Weeks (attached). In particular Rule 9J-5.006(5) - Review of Plans and Plan Amendments and Rule 11.007 -Data and Analysis Requirements states that each plan amendment must be supported by data and analysis. This evaluation at a minimum should include data on the maximum number of acres within the County that would be eligible for this land use category and the percentage of land in the County that would be eligible for this land use subdistrict. The need for this land use category must also be demonstrated which may include an analysis of the supply and demand of commercial properties in the County and the benefits of mixed-use developments. Per Resolution #97-431, you have 30 days to respond to this letter and may request an additional thim, days, il needed. Once your application is found sufficient we can begin to schedule the public hearings. If you have any questions, please telephone me at 40'%2300. Other Comments: I would recommend that the locadonal criteria be included as a text change in the FLUE and not in the LDC. You may also want to look at the Office and In-fill Commercial Subdistrict language that is included in the Oct(~ber 1997 FLUE for clarification on some of the locationai criteria, such as definition of arterial and collector roads. In reviewing the locational criteria, I question the maximum lot dimension at 1,350 feet in any direction. What assurances are in the subdistrict that strip development will not occur. Is there any spacing criteria between Village Centers? What is the maximum amount of commercial square footage that can be developed within a Village Center? Sincerely, Debrah Pack Preston, AICP Principal Planner cc: Barbara Cacct'Lione, AICP Comprehensive Planning Manager 178 AGENDA ITEM NO. 12 A1 October 13, 1998 Pg. 178 COLLIER COUNt' GOVERNiMEN r COMMUNITY DEVELOPMENT AND EN%qRONMENTAL SER'vqCES DIVISION 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 TO: FROM: DATE: Karen Bishop, Project Management Services ~ FAX #: 435-9082 DaVid Week.s, AICT, Senior Plan~er, Comprehens,ve Pla. nn,ng Section March 17. 1998 RE: GMP Amendment for some typ~ of neighborhood corrumerc,al provision As a bncf follow-up to yesterday's meeting, here arc the key points that need to be addressed: I) Is there a need for addmonal commercial zomng now, or ,n the near future (by 2005)? TI'us needs to be doc umented/dernon strated. 2) If there is a need for additional commercial zoning, ts there a need for another pro'.qsion in the FLUE a~m commercial zoning, especially in light of the FLUE l~OV, sions adopted 10/:28/97 (Office and fill Subchsmict; Business Park Subdismet; PUD Neighborhood Village Center Subdistrict; Traditional Neighborhood Des,ga provmon; site-speci~ Mixed Usc and InterChange Activity Centers; and. Policy 4.7 wh,ch allows for Redevelopment Plans that m,g~ht ,nclude commercial expansion)? This needs to be documented/demonstrated. 3) If There ,s a need for addmonal commercial zoning and a need for another FLUE pro,ns,on to obtain parameters need to be es'~bhshed for s,te design standards, including architectural treatment; landscap,ng and buffering; pedestrian and vehicular access, on-s~te movement, and interconnection with abumr, g projects'. FARs; m~xrure of uses allowed, and ratio of non-commercial to commercial development !ffproposed as a mixed use proves,on), and possibly d,stmcnon between types of commercial uses, e.g. office, personal service, retail. The first twr~ arc the most important as ju. stifica,on for the amendment ~ to be provided to DCA, as required by Rules 9.1'.11 and 9..'-5. F.A.C. ("Each proposed plan amendment must be supported by data and- 't?//.: a~alysls in accordance with Rule 9J-5.005{2). Florida Admm~s~'anve Code, and Rules 9J-I l.C)O6(l)(b)l. th:ough 5., Florida Admm~sU'anve Code.") One ,mpor',-~nt procedural point I did not make is that there ,s a distmcnon between GMP amendments mmated by the County and those ,nmated by the public m terms of defending the amendment. I£DCA ~zses ~ssues W~th the amendment In the,r ORC Report and/or m a "notice of noncompliance,' the petinoner is expected to actively defend the amendment. This may include some or all of the following: gathenng/ prcpanng and providing (in the aPl~'opriate number of copies) additional support data and documentation to justify thc amendment; par:.:c,pat,ng in meetings and dialogue with DCA staff; assistance in prrpanng a compliance agrtement and rc'm~chal plan arnendmcnt; and par~,cipatmg in adm,nistr~tive heanngs. FAX Memo Nr~d ~ Building Review & Per-rmtnng Code Enforcement ]'lousm~ & Urban Improvement {941 ) 403-2400 Natural P~soun:es (941 ) 732-2505 {94 1 ) 403-2440 Planning Services (94 I) 403-2300 19411 403-2330 Poll u Uon Control { 94 1 ~ 732.2502 179 AGENDA ITEM NO. 12 A1 October 13, 1998 Pg. 179 June 26, ] 998 Ms. I~brah Pack Preston, AICP Community Development and Environmental Services Division 2800 North Horseshc~ Drive Naples, FL 34104 RE: Neighborhoo:l Vzllage Center Subdistrict Growth Man;sgement Plan Amendment - CP-98-2 Dear Debrah: Following your review for sufficiency for thc above referenced Comprehensive Plan Amendment application, we provide the following additional information and comments: Comment.s: General information needed for the consulting firm Architelier, who prepared Attachment A of the application. Architelier, Planning md Design Joseph M. McHarris, Principle 10662 Vanderbilt Drive Naples, FL (941) 591-O705 Qualifications: Professional degree in Architecturc and Master's work in Fine Arts. Over ten years of practice in architecture, design and planning. Mr. Mc Harri's speaks locally and nationally on the topic of architectural a. nd site design standards. Comments: Item E under Section [] - page numbers should be LU-I-10 and LU-I-38. Response: Corrected. Comments: Text clarification needed. I. Are you referring to the Commercial Under Criteria requirements listed on page LU-i-287 2. Does that mcan that properties that an: less than one ac'n: can be designated Village Center as long as they meet thc infill criteria? 3. fi.so, can the intent ora "Village Center" he accomplished on a parcel less than one acre? 180 AGENDA ITEM NO. 12 A1 October 13, 1998 Pg. 180 Response: I. Yes, we are referring to the infill criteria requirements on page LU-I-2g. 2. Yes, thrill properties less than one acre may be designated as Village Center provided they meet the "thrill" criteria or meet thc requirements listed on page 11, numbers I - 7, Attachment A. 3. Yes. Neighborhood Village Centers can be developed on properties that are less than one acre provided the) can meet the specific development and locational criteria described in Attachment A of the application and/or applicable development criteria contained in thc Collier County Land Development Code. Comments: UMer Section IV - Required information, Item D, Growth Management. Question #5 requires that data and analysis to support the suitability of ]'and for the proposed use be provided. Response: Suitability of I.and for proposed use: Thc existing pattern of commercial development (activity centers which concentrate commercial activities at intersections and thc strip development format of U,S, 41) and the existing and proposed future road system which is and will be further constrained by the inc~asing population, make convenient, neighborhood type of commercial development a necessity. The road system has and will continue to become congested while dividing communities and neighborhood~ with six lane roads, making people more dependent on the use of the a~tomobile for the simplest of daily needs. Providing goods and services along with leisure activities that are community based will provide shorter and less l~p generations on an al.ready overtx~rdened road network. The benefit of the proposed Neighborhood Village Center would be to provide an attractive alternative to the existing pattern of development that adds to the community through enhanced architectural features and traditional planning practices. The convenient locations and pedestrian oriented design wi]] aid in lowering the length and number of trip generations on the roadway network. Data on Acreage affected: The requested Comprehensive Plan amendment does not propose to des:gnate specific land as shown on the Future Land Use Map for commercial use. The amendment merely proposes to provide language within the Future Land Use Element which will allow an additional subdistrict in order to attain commercial zoning through the required rezoning process. Upon request ora specific future land use map amendment, the requested data and analysis would be required to be submitted. We will be prepared to provide additional information when and if requested by the State Department of Community Affairs. Need and B~nefit of Neighborhood Village Centers: Neighborhood Village Center subdistricts will allow convenient neighborhood commercial centers within walking distance or a short driving distance of residential developments, thus reducing the traffic burden on the County's roadway network system. The Neighborhood Village Center will fulfil] a need to encourage community identity through development and planning which larger national retailers fail to bring to the community. Neighborhood Village Centers 181 AGENDA ITEM NO. 12 A1 October 13, 1998 Pg. 181 will foster m:ubalor businesses and afford small local land owners thc ability to develop their own land. The Neighborhood Village Suhdistrict, while allowing for limited residential u~cs, docs not intend necessarily to encourage large scale, mixed use development. This t)T~c of land use addresses a locationa] need for convenient commercial services on a small scale in those arca.s which may be alre.~ty be developed with residential uses. This type of development scenario is different from thc PUD Ncighbor'hoo-] Village Center 5ulx:listrict and the Traditional Neighborhood Subdistricts which encnuragc mixed use commercial and residential dcvclopmcm on a larger ~alc. Thc Neighborhood Village Center subdistrict will provide the following bencfils to the community: I. The ability to live, work and play in one area 2. Le~s dependence on thc automobile. 3. Less need for costly infrastructure to provide economies of scale. 4. "Architecture thai speaks of a place (Naples) not a product." 5. Architecture that is appropriately scaled for people, not automobiles, through thc use of scale, style, detail and context. 6. Opportunit) for local people to invesl in their community. 7. Smaller more adaptable commercial development which can change with economic shifts, rather than large unadorned buildings which often quickly become economically obsolescent and when unoccupied can lower land values, foster crime and become difficult to rent. Other Comments: Response: 1. Locational criteria: We agree that thc Iocational criteria is more appropriate in the FLUE than in the LDC and will make the necessao' adjustments. 2. Strip Commercial Concerns: The purpose of the document and the proposed development st. mdards is to ensure that Neighborhood Village Centers do not encourage strip t)Te of commercial development. To clearly state this objective, we will add language to the document's General Development Standards section that "strip type of development is not allowed." 3. 1350 lot dimension: The 1,350 foot lot dimension is based on the longest distance a per,,on would typically be willing to walk given the appropriate surroundings. It is our opinion that the way the proposed language is written and the aforementioned language changes that this maximum length is appropriate and will not.contribute to strip development. 4. Maximum amount of commercial square footage: Consistent with the current 'Land Development Code requirements for commercial zoning districts, the proposed Neighborho<xt Village Center disn'ict would allow commercial square footage to the extent that development of a site under the proposed development criteria and other applicable sections of the Land Development Code would dictate the amount of square footage of building area which could be accommodated on site. IAGENDA ITEM NO. 12 A1 October 13, 1998 Pg. 182 Att~:hment A revisions will ~ submitted under separate cover on Monday June 30, 1998. If you have fur,.h~r questions pica.se contact rn~ at (941) 435-9080. Sino~rul~ 183 AGENDA ITEM NO. 12 Al October 13, 1998 Pg, 183 28, 1998 C~lii. Coun~ Dev~lop,.~m 2800 N. N~I[~, FL ~4104 RE: G,~v~fi Ma~4t~tn, Plan Amlnclment Applicatia~ DI~.n Ms. Art~h[d pleas~ fi,.d th~ our submittal fo. th[ Amtndm[,~t to th~ G~:~v~h Ma~..~m~~t Pla~. Art~h[d is p~o~d ,~vk4o.~ ~o P~ LU-I-3? o! ~E Futu,! La~l L~ El[.ent which t~4~uld be th[ fc~lo~,ing If you hav~ ~n¥ queslia~s o. need addiBo~al info,marlo% please do 184 IAGENDA ITEM ] NO. 12A1 October 13, 1998 Pg. 184 ,~. Nei:hbuH~uc~d Vtl_la_~¢ Cen~r ~ubd~slric: 'Thc purpose of [hi~ sub~Jlstriet is to allow for Snlla[l s(;:;d~, mixed use commercial ¢cntcr~ v.'hich public actlvilic,', and serve Io reduce tF.,fl~ c0nl~'Csdon bY providing ¢~,;endal .,,,¢rv~ccs within 91' ~lkirm d~sla.n¢c of rcsidcntla! ncighborhoo~,$. Prot>crlies desienatcd for Villa£¢ Cen~cr development and uses ~hall be one to [hinCen acres il) area a~d i"~¢e', ;~[tdiliqnal Iocational and dimensional cri:crt~ ~.<, sl;x:c~f'led within Ibc Land Dcy~;Iopmcnt CO~I~ for Ncmhborhood ¥illa£c Center subdist,'-~cts. Dcveln~menr of the~ proDcrli¢$ shah ,m'ovide an inlecrated, archite¢[ura][¥ unified design within thc cha. r~ctcr of thc community providine o~or'lunitics f[.~r walking and b:king thrnu~h design, and crcatinE cnv~ro~men',s designed for Pedestrian act~vlt}e$. The Nei£hborhood Villaee Ccnt~:'r will not t;~ iH effect uplil ~occilqc ~iq,~i~n starx[la, rd~ arc adopted into Ihe Land l')evelo0mcnt Code. and [n order for ~ro~mes to o_9i~lifv for Neighborhood Village Center the following Iocational :rilena must b¢ The _r, ro_Ix'r~¥ m!.JSt fall ,,,,~[h:n the Urba.r~alj.g.~ ¢2) '{'he r, ropen¥ must be 9n an ~'lerial 9r collector road as desiznated by Collier CountY: must ~ ii rmmmum Of one half mile away from ;m Activity Center or other ?,'¢i~.hborhood Vil!a£¢ Qcnter (NVC). [)ist~nc¢ ts lo measur¢d from the intersection of Acltv~w Center and between Proocrw lines f(~' N¢i_~'hborhoo,;i Village Center,,: (4) The ~)arccl shall have a minimum of one (I ] acre and a maximunt or thirteen (13) '-,crew,. Parcels under three {3) acres must have a minimum s~eet frontage Of two hundred J200) feel. and ~cels over three ¢3~ acre,', rrlY~I have a minimum street £ronta£¢ of !hrcc hundred f'~ft~ (350l root: Thc parcel shall not exceed thirlecn hundred fifty feet m ar~v dirccnon: and NO subdivision et' pz,r¢¢]~ shall b¢ permitted to create a Nei£hborhoud VillaEc Centc: .{NVC) bul cx~'qin_~ con:iguous parccl.,~ of record a,~ of thc adopled date of' this -~rltclc !qa¥ [7,<: a~_i:'rc_~at¢(l tO roi'ITl a Nm~,hl;)orhood Vi!la_~¢ Center 185 AGENDA ITEM NO. 12 A1 October 13, 1998 Pg. 185 TO: FROM: DATE: RE: AGENT/APPLICANT: Agent: MEM__ORANDUI~I COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION, PLANNING SERVICES DEPARTMENT, COMPREHENSIVE PLANNING SECTION AUGUST 31, 1998 PETITION NO. CP-98-03, GROWTH MANAGEMENT PLAN AMENDMENT Owner: George Botner, ASLA Bother Land Design 3050 N. Horseshoe Drive, Ste. 172 Naples, Florida 34104 Hy A. & Anita R. Bershad 9160 The Lane Naples, Florida 34109 GEOGRAPHIC L__Q_C~T I O N: The subject property, containing 5.00 acres more or less, is located at the northeast ouadr~nt Qf CR-951 and White B_g..ulevar~. The parcel is within the Urban Estates Planning Community and within the Golden Gate Area Master Plan. REQUESTED ACTI.ON_; This petition seeks to: 1) Amend the existing Golden Gate Area Master Plan to expand the Neighborhood center at Pine Ridge Road and CR-951 by including 5+/- acres at the Northeast quadrant of CR- 951 and White Boulevard. The proposed text change is to the Estates Neighborhood Centers, page 22, Section B.2.A.2. paragraph 3 and page 24, Section B.2.A.2. subparagraphs B, F, G, and H as follows: B. LAND USE DESIGNATION DESCRIPTION SECTION (IX) 2. ESTATES DESIGNATION Estates-Mixed Use Designation 2. Estates Neighborhood Centers - Recognizing the need to provide basic goods and services to Estales residents, Neighborhood Centers have been designated on the Golden Gate Area Future Land Use Map. The locations are based on intersections of major roads and spacing criteria (see map 5). The centers are designed to concentrate all new commercial zoning in locations where traffic impacts IAGENDA ITEM NO. 12 A1 October 13, 1998 can be readily accommodated and to avoid strip and disorganization patterns of commercial development. With Ihe exception of the node at CR- 951 and Pine Ridge, all nodes are 20 acres in size. The node at CR-951 and Pine Ridge Road is 15 40 acres and is located en!y on the west side of the intersection o-n-C--n-o-f~h__ea~_t_QUO_Qkqfll_gJ_L~e inlersecI~Orh due-~e-qhe-pcer, en. ce~ of a 50 foot "..~.~na! The development criteria for the nodes are as follows: (IX) A. Commercial land uses shall be limited to uses including Iow intensity transitional commercial uses that are compalible with both residential and commercial, convenience commercial to provide for small scale shopping and personal needs, and intermediate commercial Io provide for a wider variety of goods and services in areas that have a high degree of automobile traffic. These uses shall be similar to C- 1, C-2, or C-3, zoning districts outlined in the Collier County Land Development Code (Ordinance 91-102, adopted October 30. 1991 ). Fulure commercial land uses are limited to 5 acres and shall only be located in the western ~ auadr¢nts of lhe Estates Neighborhood Center located on CR-951. The remaining acreage in the Neighborhood Center at CR-951 may be utilized for single- family residential or Conditional Uses allowed in the Estates zoning district such as churches, social or fraternal orgamzations, child care centers, schools, and group care facih:ies. An evaluation of the Future Neighborhood Centers located at the intersection of Golden Gate Boulevard and Wilson Boulevard and on CR- 846 shall be completed during the Evaluation and Appraisal Report (EAR) to determine whether there is a demand for additional commercial in lhe Estates Area. If a demand is identified, one or both of these intersections may be designated as Neighborhood Centers. Until such time, the only permitted use at the Future Neighborhood Centers is residential development consistent with the Estates Zoning District. The parcels immediately adjacent to the existing commercial at the nodheast quadranl o' Golden Gate Boulevard and Wilson Boulevard may qualify for conditional use under the transitional use provision under the Conditional Use Section of this Master Plan Element, A single project shall utilize only 50% of the total allowed commercial acreage. The percentage may be increased at the d~scretion of the Board of County Commissioners; D. The project shall make provisions for shared parking arrangements with adjoining developments; E. Access points shall be limited to one per 180 feel commencing from lhe right-of-way. A maximum of three curb cuts per quadrant shall be allowed; Fo Driveways and curb cuts shall be consolidated with adjoining developments~ to th~ extent 2os$~b!e, INAGENDA ITEM O, 12 A1 Octob~.r 13 G Driveways accessing parcels on opposite sides of the roadway shall directly line up; exce..p_Lj.n the case of Tract 150 in the north east auadrant o1' CR-951 and White Blvd. because the southern parcel Tract 151,1 is currently zoned as a temporary use, Future_Cevelopment of Tract I 5 1, I shall align with the opposing property to tho north to the exlent possible due to future reconfigur¢ion Of th~ Whito BoulevarOJCR951 intersectiQn, Projects directly abutting residentially zoned property shall provide, at minimum, a 75 foot buffer; excec~t in the case of Tract 150 where the buffer shall be 25-feet due tO lot wi~th__~sedby_c, ounty right of way expansion into Tract 150. Projects shall provide a 25 foot wide landscaped strip between the abutting right-of- way and the off-slreot parking area; The Neighborhood Center designation does not guarantee that commercial zoning shall be granted. The designation only provides lhe opportunity to request commercial zoning. Words ur~derlin~(;;I are the petitioner's proposed language; words r~ruck thceu~h are deletions to the existing Golden Gate Master Plan. PURPOS_E!DES¢R;IpTION Of PROJE(;;T; The petitioqer proposes to expand the existing Neighborhood Center located at Pine Ridge Road and CR-951. The expansion will allow Conditional Use development on the 5+/- acre parcel located at the Northeast quadrant of CR-951 and White Boulevard intersection. Presently, the above parcel is designated Residential Estates and permits single family homes. _$URROUNDING LAN_J:) USE. ZONING AND FUTURE LAND USE DESIGNATION; Existing Co.ndihons: The site is zoned E-Estates and is presently undeveloped. The 5 acre parcel is designated Estates Mixed-Use District/Residential Estates Sub- district. ¢j,~rround~.ng Land North and East: Undeveloped parcels zoned E-Estates; designated Estates Mixed-Use District/Residential Estates Sub-district. SOuth: White Boulevard, an intervemng local roadway and E-Estates zoned parcel developed as a Temporary Use-Model Home-site and; designated Estates Mixed-Use District/Residential Estates Sub-district. West; CR-951, an intervening (4 lane) collector road and Commercial Intermediate District (C-3) designated Estates Mixed-Use District/Estates Neighborhood Centers. AGENDA ITEM NO. 12 A1 October 13, 1998 GOLDEN GATE ESTATES NEIGHBORHOOD CENTERS Cofi;e~ County, PROPOSED AMENDMENT CP-g8-03 846 GOLDEN GATE BOULEVARD BLVD. "--.. 12T~RSTAT'~- 75 L~£ND 0 t~ C.R. 858 C.R. 846 T AGENDA ITEM NO. 12 A1 ~Octobe,r??, 1998 I:L'TL'I~I.~ I,:\,'I) L:SV, N/Al' lO0 iAGENDA ITEM NO, 12 A1 October 13, 1998 Pg. 190 ,,STAFF ANALYSIS;; Environmental Imoact~,; Staff has reviewed the proposed plan and finds no consistency issues regarding the proposed amendment to the Comprehensive Plan. Traffic Caoacity/Traffic Circulation Ana~ Staff has reviewed the applicant's Traffic Impact Statement (TIS) and has made the following determination: The ITE Trip Generation Manual indicates that the proposed amendment for an Assisted Living Facility (ALF), will generate approximately 269 trips on a weekday. Based on this data, the site generated traffic witl not exceed the siqnificance test standard (5 percent of the LOS "C" design volume) on White Boulevard or CR-95~1 after trip assignments and adjustments are made. In addition, this project will not lower lhe level of service below any adopted LOS "D" standard within the project's radius of development influence (RDI). Under lhe existing Land Use Designation of Residenlial Eslales Subdistric/, two (2) single family homes would be allowed and would generate approximately 19 trips per day compared to the 269 trips per day generated by the petitioner's proposal. The Traffic Circulation Element (TCE) lists this segment of CR-951 between Pine Ridge Road and Golden Gate Boulevard as a 4 lane collector road. The current traffic count for this segment is 17,770 ADT which results in LOS "B" operation. It should be noted that this segment is not projected lo be deficient within the next 5 years. As a result, the proposed amendment is deemed consistent with Policies '/.3, 1.4, 5.1 and 5.2 of the TCE which relate to Level of Service standards and roadway LOS. Staff has also reviewed the proposed amendment from a planning and traffic safety standpoint and finds the following: Due ~o the likely reconfiguration of CR-951, White Boulevard and Weber Boulevard intersections ingress/egress onto the subject property may be impacted. The preliminary engineering drawings, for the above mentioned roadways, indicate approximate y 30' - 35' of CR-951 and White Blvd. reducing to 10' of land at the corner of White Blvd. of land at the corner and Weber BIvd will be required from the subject property in order to commence the roadway reconfiguration. As a result, a left turn onto the subject site from White Boulevard may create stacking problems or impede traffic flow at the CR-951 intersection. Therefore, the transportation department will encourage ingress and egress points on Weber Boulevard. ConOitional Usc An01y i.~,5.; Approximately 100 acres remain available for conditional use development within the Estates Designation. In addition, 6 acres are available for conditional uses within a half-mile from the subject properly and over 900 acres are available within a 5 mile radius. Given the substanlial amount of potential condilional use sites within close proximity to the subject site. the need for an additional conditional use site cannot be justified. IpAGENDA ITEM NO. 12 A1 October 13, 1998 g. 19! FINDINGS AND CO~ The Golden Gate Area Master Plan characterizes the lots in the Estates designation as Iow density and semi-rural. Although condilional uses are allowed in this designation, such uses are hmited, so as to prevent the proliferation of conditional uses and maintain the semi-rural character of the area. Furthermore, staff is unable to justify a need for an additional conditional use s,te at the proposed location when over 1,000 acres within a 3-5 mile radius, exist as potenhal conditional use sites. The petitioner states that the subject site is not suitable for residential development due to traffic related noise and congestion. Staff has reviewed empirical'data and analysis and has determined that noise levels at the subject site are below the Federal Highway Administration Noise Abatement Criteria of 67 dB(A). The noise level near the subject site, was 65.2 dB(A) or within the level or range of normal conversation. The noise reading was based upon peak hour (4:00 pm.) traffic volumes measured north of the CR-951 and White Blvd. intersection from the outermost lane on CR-951 to 100' east of said roadway. To summarize, the subject property is located over 160' from CR-951 and has a 30' set-back requirement on the West property line parallel to CR-951. The subject property is also bound by undeveloped Estates property on the North, Weber Boulevard on the East and White Boulevard to the South. The traffic counts on V'/hite Boulevard during peak hour (4:00 p.m.) was 749, while the counts on Weber Boulevard ¢,,ere described as "insignificant". Given the set-back requirements and the traffic counts near the subject site, staff concludes that residential development is viable on the subject site. Finally, the Colher County Metropolitan Planning Organization (MPO) will be developing a transportation study for the Golden Gate Estates area designed to evaluate the present transportation system. At the time of completion, June 30, 1999, the MPO staff will assess traffic volumes, congestion and transportation needs for this area. This analysis from the transportation study could provide information on the surrounding transportation network and the impact that it may have on this site. STAFF RECOMMEN.~ATION; Staff recommends that the Collier County Planning Commission (CCPC) for'ward Petition CP-98- 03 to the Board of County Commissioners (BCC) with a recommendation not to transmit this petition to the Florida Department of Community Affairs and Southwest Florida Regional Planning Council, However, should the CCPC recommend transmittal to the BCC, staff recommends the following changes' (1) Projects directly abutting residentially zoned property shall provide, at minimum, a 75 foot buffer~ ¢..xco~t in thc c3sc cf Tr3ct !5!. Tr3ct !5!.!. 3~d Tr3ot 150 where thc (2) Driveways accessing parcels on opposite sides of the roadway shall directly line up; 192 I AGENDA ITEM NO, 12 A1 October 13, 1998 Pg, 192 (3) Item 71 jD_~re~s.oo~nts, for parcel 150. shall be limited to Weber Bou!evard. ~are additions 1o the petitioner's proposed language; words are changes to the petitioner's proposed language. Planner II Barbara A. Cacchione, AICP Chief of Comprel~ensive Planning REVIEWED BY · APPROVED BY:  ' DATE: ~~ DATE: Vincent A, Cautero, Administrator Communiby Development & Environmental Services PETITION NO.: CP.98-03 Staff Report for ~eDtember 17. 1998 CCPC Meeting. NOTE: This petition has been advertised for the October 13. 1998, BCC Meeting, COLLIER COUNTY PLANNING COMMISSION: MICHAEL A. DAVIS, CHAIRMAN CP-98-03 Staff Report 8 AGENDAITEM NO, 12 A1 October13,1998 Pg. 193 Augus~ 28, 1998 LE'ITKR OF TRANSMrrfAL Ms. Mic~e R. Mosc~ Pltrtn~ I Collier County Long Range Planning 2800 N. Hor~hoe Drive Napl~, F~ 341~ RE: Amended Submittal; CP-98-3, CR 951 - White Boulevard Dear Ms. Mo-.ca: Atucbed plea.se t'md 25 copies of our application to amend the Golden Gate Mister Plan to aBow for ccmdition&l Usc Adult Con~re~te Living Facility (ACLF) on 5 acres of Estates rcsideraially zoned property in the north eas~ quactrL,~t ofthe CR 951/White Bouieva~ intersection in Golden Gate Estates. This propa'ty is similar to several others located along the CR 951 corridor in ~ G~e Estates in tl~t i~ is heavity irn~cted by exposure to [ncretsing waffle nois~ ~ coag~stioa. ~ iml:~-ts cause estate s~.e singJc farnily residential lots to be undesirable for use u larger, quill rural single f~Ttily home sites. This fact is evidenced by a sca~-acity of single family home construction on CR 951 frontage Iou. Our ske has substarnialty gr~ter impacts which impede it's use for estate residential due to its frorrtage on three (3) stn:ets (Whi~e Blvd.. CR 9SI ~d Webber Boulevsrd) s. nd its Ioc~tion at an b'w. rcasingJy busy, signalized intn-scc~on. This year, Collier Count), will widcm this intcrsc~ion. This will require 35 feet ofkx depth (approx. ½ acre) from the subject propcr'ty for new turn Ltnes, bikeway and cb'u~gc swale. Two facts emerge from the above: 1.) This she is no~ a good estate single family lot4 and 2.) Activity levels here are consistent ~ compatible with more imcrtsive land uses. An ACLF is proposed n.s a compromise solution in that it is slightly more intensive but cominues Io be a residern~l type of use comist~-st with adjacent sir~Je family n:sidentisl. While there are abota 100 acres of Ltnd tlmt cx:~ld conceivably be used for an ACLF ss a conditional use, this site would work ptrtlcul~l), well because: 1.) I! would fill a need for adult ~ in the Estates ann sinc~ there is no ACLF within 7-miles of this s~ to serve an a~a of 1'/3 squa. r~ miles and over 20,000 residents: and 2.) It is easily accessed from major trtcrials ~ is loca~ed only 2 ~4 miles from t.he Cleveland Clink:. An ACLF cocditional usc for this property is a type of residential la. nd use which is rc~sor~bly consistent with the Golden Gate E.s~tes Comprd~nsive Pis& will provide n needed service for the community, a~l will ~lso provide for the applicant's full use of his p'opa'ty. BOTN~R LAND DESIGN PLANNING &. LANDSCAPE ARCHITECTURE SLTTT. 17'2 ~SZ?~F..S~F~A~T~ ~Q:~0NOII, TH~DII. P/E N. AI~..~$R,O~JDA:I41Osl ~416,49.4476 FAXNI.e.eg?627 194 [ AGENDA ITEM INO. 12A1 I October 13, 1998 pg. JO4 Mich¢l¢ P,..~h..sca. Planner I ',¥c h,-,k f,,r*ard Ir, lhe npportuniry in ~,isi~ ~ilh thc Colli~ Counly Plannin~ Commission and ~h~ Board of Co~nt~ C'o~ssio~rs ~o fi~ a rcmcdy m thc incompatible land use cushily pr~cn~ by cc M, H,',. llerd-.~d 195 IAGENDA ITEM NO. 12 A1 October 13, 1998 Pg. APPLICATION FOR A REQUEST TO AMEND THE COLLIER COUNTY GROWTH MANAGEMENT PLAN APPL[CATIO~'4 NUMBER CP-98-03 PPE.APPLI~.cT 01% COtI~EPENGE DATE D.~TE SUFFFCiEt,IT E- ' 2-98 DATE RECEIVED 4-24-95 4-10-9B Th.5 apphcat,cf', w,:~ ,~II required supplemental gala and ,n~ormat,on. must be completed and acco'~pan,eC Dy th* app,opnale fee. and re~.Jmed Io lhe Comprehensive Plann,ng Sec,,on. 2800 No'lb H3meshce Dove. t',a:,le5 Florid,3 34104 941-403-2300 {Fax 941-6-43-69581 T'.(. ;tD.,',;.,-.n~O~, tauS= te rev~'"'.we''t b~' staff for suff,c4ency w]Imr' 30 ~lenOa~ ~ays foll~n~ lne ' ;c ~ ~ea~lln¢ b~or~ i~ w. II ~ D~DCeSSO~ a~ a~ven,sec for ~uD,c heanng T~e apph~m ~ll ~ ' o' ¢~ed in w~Img o~ I~.~ 5ufhc e~:f Oelermma~,o~ If insuU c~em ~ne appli~nt wfli have 3~ days ~: r~e~y the Ce':O~nOe5 ~0~ a~3,tlOnal in~c~a~,o~ O~ IPe p'o~ssing Of lhe ap~lion ~e ~e~lul~on 9~-521 :a~at~ed) If you have any questions, p:eas¢ ~nta= lhe Comprehensive P~ann,n~ Sea;on a; g41.403.23;: SUBMISSION REQUIREMENTS OI~NI~RAL INFORMATION Name or Applicant Ceorg~ Bo,.ner ASLA COmpany Bet net Land 305~ N. Horseshoe Dr~ve Suite 172 Naples Slate F]orida ZipCcde 34'~04 =~c"e",,.m~er {941 1649-447( FaxN~mber [941 ] 64g-7627 B '4am: of Agen,' Gecrgc BOther ASLA 'THIS ~°,'iLL BE T~E PERSON COhlTACTED FOR ALL BUSINESS RELATED TO THE PETITION Company__ BOther La.".'] Dcsicn Address 3050 N. }{crsesNoe Drive Suite 172 C,I~ H.~p:es State Flcridn Z,pCoc;e 34134 PnoneNum:.e. {941 ) 649-447; ~:a~,N.~mber (941) 649-7.~27 Namec'Ow~e'(s) of RecorC !{y A. Bershad & ;.nzta Address 91(0 The Lane C,ly Nap!es SIate Florida Z,pC0de 34!29 Phone Number {941 I 594~95,~0 FaxNamCet ;;one ~ame ~fes5 and Q~ah~t~3ns Cf addil;o~al[la~ncr5 architects eng~nee~ env,r~nmen~a~ consultants ant clre~ ~rofessonals p~o~d~n9 ,nt:,rmat,on CO~aln~ ~ ~h,S aDpll~tJOn 196 IAGENDA ITEM NO. 12 A1 October 13, 1998 Pg. 196 D ']' r ': n s po."l ,Il ~J n l,cg:d I (co,:t I lg7 IAGENDA ITEM NO. 12 Al October 13, 1998 Pg. 1~ P[ut Eno- 7, Fa,7{ 17, Public Record~ or Cz,['[,:r Cou: · G=_NE~j,L LDZATiD,. t;.E. ~uaJr ant R',:l,~','~rd wlth C~ 55~, Golden Gate Estates. III. ,~YPE O~ .F,_qu[ sj A ,.,,.'-~.,',~ '.'AN~,3='M=;,T Pi..AN ELEMENT(S) TO BE AMENDED H: uS.r,; Element .,. Traff ,'. C,rtulat~c- Sub-Element Sam'.a.-~, Se.er Sub-element ~ol,~ Vvar..e S.~-Ele'r, ent C aD,;,1 '~:roverr en~ Fu',u'e La:3 Use Element x I-mcia~ee Ma,,er Rectea'~on,'C)pe~ Mass Transd S~.b-Elemen: Potable Water Su~ Elemer4 NGWAR S:~b- E.emen? Drainage Sub- Elemen! CCME Element Golden Gate Ma$lcr PiB'~ 4'.'E'.D =; GE'S, J2~24 OFTHE CG:.:? ELEMENT LJ-ND L SE L;A~{S) DESIG%ATION ~AC;., TO Estates :;'.'i~):~ornoo,~ Cer, t~r ',':.P[S, AND EX~!P TS AS FC-LO',','$ Gate fstate.~ r;eiqhboz-hc~-J --e,-.te:'c, Thc Ccl,J~r, G~.te Areat,,~.s', *~r.. -;'lan Future L~:',C U~ :':.~-. as a:enned July 27,~9~3, Pace 29. tScc, M~p:J CES.gIEE -_~ T j.',:.. C.~:',gE S ;,,EOJES-ED 108 JAGENDA ITEM NO, 12 A1 October 13, 1998 Pg. 195 NOTF: ALI.AE~IAL$ ML'$T BE AT A SCALE O~ NO SMALLER THAN 1"-400'. Arleast oneco~y r~c~ ~o 8 ~ ~ 11 Shall ~ ~rO~d~ Gf all aerials a~d/~ ..... X ~rovidc genera locat,on ma~ 5how~g su~oUnd~ng Ceve'.opments {PUD. X ~;Ov~d~ mos; ~ce~t aer:a~ of s:le $howirl~ S~)eG' Coun~anes source. ~ra~e a m~c a~ sum~,a~ table of e~:shng lan3 use an: zomng w~t~m a ?a~,u~ of 3C.~ feel from toundanes of subje~ pro~y B. FUTURE ~ND USE DESIGNATION , ;~ ~r3wde mad ot exms'.,n9 Future Land Use Des~gnai;on(s) PfG~e~v a': aa~ace~l la~5 with acreage Iota:5 f~r each lar,~ use C. ENVIRONMENTAL X P~ov~e mos: recent aenal a~ 5umma~ table of acreage cf nahve hab~tat~ a~3 so,l~cccum~; on s~te HAB TAT 1DENTIFICAT:ONMOST BE CO~;3'$TE~;T ~2/~TH THE FDOT.CLORIDA ~ND USE COVER AP;O FO~MS C~S~tFiCATION SYSTEM (;LUCCS CODE) NOTE' THIS MAY BE INDICATED ON SAME AERIAL AS THE ~ND USE 4ER At IN 'A' A~OME (Soo gxht~it a~ ma, s~ec~es k~own to coeur cn the s,:e anS.'or k~o.~ lo i~ha~,t b~CtO;:~l cmmmunmes s~mdar Io Iht silt {e g part,er ~r black bear X range, a/,anraoke~. D,~m,9ra~o~rob~e. et:.) (See Exh;=;= [I ) Ice~l,/~ h:stcmc and,Or arc~ae31~l sites on D. G R O'~ H MANAGEMENT R~lerence SJ.11.006, F.A.C. and Colher Count's Capi~llmptovemen~ Element Poli¢~ 1.1.2 (Copies a~ched] 1. INSERT 'Y' FO~ YES OR 'N' FOR NO IN RESPONSE TD THE FO~LO~,¥1N$ Co~cem~ (Re'ere~ce ;J.11 0C6;1)(a)(2LFAC.) Ifsc..~Centdyarea I3~ted in ACSC o'RegoftatlmpactcursJantloChap:e~380. F.S ~(Reference ~J.11 03~ {1)(a)4a FAC} NO C:es ~e :,rc;,cSeC ;meccmen:create a S;g-,5~n: ~ore Iha~ 5% o' ~ulal 5- Drc~ecbo~53 (Reference Cac,'a h::pfo~emerl Elemen: Pchc;~ 1 1 2) If y~5 ind,~te ~,hgahcr measures D;~s the C'o~seC la~: use ~use a~ i~:'ease ust a ~ew land use Ces;g~a~.o' ot Cmslrct~ Prov,Oe ca:a use w:l~ su~0~'~amg land uses asllconcemspr~ En ,"r0~me~:a'ry Sets :~ve {;c=. ground wafer aha r.a:uraJ resources (See Exhibit IV, I09 AGENDA ITEM NO. 12 A1 October 13, 1998 Pg, 10g -- P U_._B.L ! C FACILITIES Pro¢~de the ~',~'Sq~g ,evel or Serv:ce S:a.ndard (LOS) and dOcumenl lr, e ~m~act the cr;~o~e0 c.~ange will t',ave on t~e fbi,owing pubhc facfl~bes N~ P3tableWal.-,r (.?F[','a~.e ~,'c[1 ) t;~. SamlarySewer (Sap%lc Tank) __. ~ A.nena! & Colleclor Roads h~ame specit'~c road and LOS See Exhibit III .-T~ansporLat'~on Component G hlA Dramacje ,tt~, SohdWasleJ;,;as"'.o ~anagemer. t. o~ Colit~.r County) .'1;; Parks CommJn,tyandReg~onal t the Crar, oseO arnendmenl involves al3 ,nc~ease ~n re$~den,al dens,fy or an increase m ~ntens~ty lot commercial an~.'or indu51nal development Ihal would c.au,,v :he LOS for pubhc fa~hhes to la!l below Ihe adopted LOS. m,hg=hon measures being proposed m contjnc'hon W~th the proposed amend. men~ ~eferenceCap~tallmprovementElementPohcy 1 1.5) x Prov,de a maD showing lhe Iocahon o~ exJsllng services and public facdlhes Ihat will serve Ihe subject properly ('La water, sewer 6re prolecl,on. I:.chce prolechon, schools and emergency medical Document proDcsed services and pubhc facihhes, idenlih/ describe Ihe effec: the p¢oposed change will hav~. on SChoOls. f, re p¢clechon aha emerge'icy medic.al services OTHER l~e foqcv.~n§ areas relahng Id the subjecl prope~y F~03~ zone based on FIo~ Insurance Rate Mac data Locahcr of wel;r, eids and cones Df ~nftuence. i[/pph~ble (Idenhf, ed on Colher Courtly Zon,ng Traf~c Congeshon Boun~e~, if apph~le Coaslal Managemenl Bounda~. if appl,~31e H~gh Na:se ~on'.au~ (65 LDN or ~gher) Suround,ng f~e Na~es A~on. if ap/hca~te (;dentir~e~ on Colher Count), Zant~ SUPPLEME~A~ INFORMATIgN ~aOC0r.:n-~efundaDle fl~mg tee ~us Sa0'a:~e for each affe~ a~'e for Lan.: Use mad amendments maa~ DayablelolheBoa~o~County SI.500 non.refundable f,t~g fee ~o~ a Sma:l Scale Amen0menl ma~e payable ~e B:a'C cf Ccu~ty Comm,ss~cne~ ~ue al t~me of subm~:lal ~roDf o' ownem~:. {Copy cf dee~: r~o',anze= Le~e~ o~ Authorization ff Agen~ ~s not lhe ~er (See aRached I Ong,na[ and 5 complele, s:gne~ a~pl,~::O~S ~,m all a~a~men:s ino~O,ng maDs. a:t,~eofsubm~al ARersu'~:~enCylSCD~cie:ed 25cop~esof c~mple:e a~phcabor w:ll be requ~re,3 *Ma~'.s sna~ [."cluae No~h arrow, iname and IocaDo"t of pnnopat roadways and shall De a~ a scale of 1 '=400' or al a scale as deIermmeo dur'ng the Dre-apphca1~on meeting 200 AGENDA ITEM NO. 12 A1 October 13, 1998 Pg. 200 ~ETT~ O!~,A__UT H O R:Z.A'T lO Parcel TO WHOM IT MAY CONCERN: I here~y au',,~cnze George ~-otner ASLA (Name of :: se,'.'e as my/'.gent in a revues: to amend the Coil,er County Gt:r..4h Mana;~¢ment Plan a:fec:mg p:o~e~( aden[ailed in this I here~y ce~ify that I have the auth0~ly to make the foregoin~ ap~h~:ion, ar.d lhaI lhe George BOther ASLA STATE OF ( Florid: ) COU;~TY OF ( Collier ) Sworn lo and suDscd~e':, before me Ibis l;ot~,a~PuJ:hc DaZey Thorp CHOOSE ONE OF who is De~on~lly kP~n lo me, Cid la~e an d~d no: ta~e an Oath Name · Typed or Prinled i 4=h cayor April ,19 98 MY COMMISSION EXPIRES: NOTICE - BE AWARE THAT: F;orid3 SLa:ute Seclion 837.GS - False Orificial SLatemenLs Law sM;es that: '",'lhoever knowingly makes a false s~temen: in writing with the inten: to mislead a public sedan: in the pedotmance of h;s c~cial du~ sha:J be guil~ of a misdemeanor o~ the second de~ree, punishable as provided by a r, ne to a maximum of S500.00 and/or maximumo[a sixr~ 201 AGENDA ITEM NO. 12 A1 October 13, 1998 Pg. 201 EXHIBIT I The following are proposed amendments to the Collier County Growth Management Plan/Golden Gate Master Plan adopted February $, 1991: SECTION I11. IMPLEMENTATION SECTION PART B Land Use Designation 2. Estates Designation page 22 and 24 A. Estate-Mixed Use Designation 2. Estates Neighborhood Centers - Recognizing the need to provide basic goods and services to Estates residents, Neighborhood Centers have been designated on the future land use map. Thc locations are based on intersections of major roads and spacing criteria (see maps). The centers are designed to concentrate all new commercial zoning in locations where traffic impacts can be readily accommodated and to avoid strip and disorganization pauerns of commercial development. With the exception oflhe node at CR-951 and Pine Ridge, all nodes are 20 acres in size. The node at CR-95 I and Pine Ridge Road is !.~5 4-O. acres and is located c;'.;7 on the west side of the intersection and north east cLuadrant of the intersection. ~"- :c '~- .......... t. c^ fcc ..... .... s cat,: ·, ....................... .-a- .... prcp.,-'ty .......~ ~: .......... Thc development criteria for the nodes arc as follows: (Ix) Commercial land uses shall be limited to uses including low intensity transitional commercial uses tha~ arc compatible with both residential and commercial, convenience commercial to provide for srnall scale shopping and personal needs, and intermediate commercial to provide for a wider variety of goods and services in areas that have a high degree of automobile traffic. These uses shall be similar to C-I, C-2, or C-3, zoning districts outlined in the Collier County Land Development Code (Ordinance 91-102, adopted October 30, 1991). Future commercial land uses are limited to 5 acres and shall only be located in thc western 2 guadrants of the Estates Neighborhood Center located on CR-gS I. The remaining acreage in the Neighborhood Center at CR-951 may be utilized for single.family residential or the Conditional Uses allowed in the Estates zoning district such as churches, social or fraternal organizations, chile care centers, schools, and group care acilities. An evaluation of the Future Neighborhood Centers located at thc intersection of Golden Gate Boulevard and Wilson Boulevard and on CR- 846 shall be completed during the Evaluation and Appraisal Report (EAR) to determine whether there is a demand for additional commercial in the Estates Area. Ifa demand is identified, one or both of these intersections may be designated as Neighborhood Centers. Until such tir~. the only permitxed usc at the Future Neighborhood Centers is residential development consistent with the Estates Zoning District. The parcels immediately adjacent to the existing commercial at the northeast quadrant of Golden Gate Boulevard and Wilson Boulevard may qualify for conditional use under the transitional usc provision under the Conditior~l Use Section of this Master Plan Element. A single project shall utilize only 50% of the total allowed commercial acreage. The percentage may be increased at the discretion of the Board of County Commissioners; 202 IAGENDA ITEM NO. 12 A1 October 13, 1998 Pg. 202 (IX) Do Fo The project shall make provisions for shar~ pa~'king anangcments with adjoining d~vclopmrnLS: Access ~ints shall ~ limit~ to one ~ 180 f~t co~cncing from ~e rift-of-way. A ~ximum of tM~ curb cu~ p~ quadrant shall ~ allowS; Driveways and curb cuts shall ~ co~oli~l~ with adjoining d~clopmcn~; to thc ~ssible, Driveways accusing parcds on opposit~ sides of the roadway shall dirtily l~e up; exert the ca~e'ofTract 150 in the no,h ~st qua&ant of CR-951 and White Blvd. ~ause th~ south~ parcel Tract ~51.1 is cu~tl~ zon~ as a t~pora~ use. Future developm~t of Tract 151. I shall ali~ with the ov~sin~ vro~ to thc no~ to the exist possible due to future r~onfiguration of the WhBe Boulevar~CR951 Pro~ects dir~tly abuaing r~idemially zon~ prop~ s~ll provide, at minimum. buffs; ~xc~t in the c~e of Tract 150 where the buff~ shall be 25-f~t due ~o lot width r~uc6on caus~ bv coun~ ri~t of wax expamion into Tract 150. Pro}~ts shall pro,de a 25 f~t wide landsca~ stHp b~ ~ abusing riOter-way and the off-strut parEng ar~; The Neighborhood Center designation does not guarante~ that commercial zoning shall be granted- designation only provides the opportunity to request commercial zoning. The IAGENDA ITEM NO. 12 A1 October 13, 1998 Pg. 203 ~ TURRELL ~ ASSOCIATES. INC 584 E~change Avenue. Suffe B * ~apleL FloddQ 341~ · (941)643-01~ * F~x: (941] 643~2 ENVIRONMENTAL SITE ASSESSMENT SI0 & SlS/T49S/16E-COLLLER COUNTY TRACT 150 PURPOSE: The purpose o£ this assessment is to satisfy the environmental section of an application far a request to amend the Collier County Growth Management Plan The applicant proposes to amend the Golden Gate Master Plan as mentioned in ~he prevsous ;pplicauon Colliei County is requesting. I)a recent aerial photograph of thc subject site with a summary table of acreage of native habitats and soils occurring on site. which should be consistent with thc FDOT Florida Land Use Cover and Forms Classification System (FLUCCS Code) and, 2) a summary table of Federal (US Fssh & Wddlife Service) and State ('Florida Game & Fresh Water Fish Commissson) listed plant and animal species known to occur on the site ancot know'n to inhabit b~ologscal communities similar to the site SITE LOCATION & DESCRIPTION The assessment area consists of one (1) parcel tract 150, GoIdenGate Estates. Unit no 27. (SIO,'T49S/26E), in the north east quadrant of the intersection ofC R 951 and White Bird, approximately 5 2.t acres ,METHODOLOGY: This parcel ',,,'as groundtruthed in order to field verify, the existing site condmons and satisfy the county's requirements Approximately 7 hours were spent on this site using meandering transects in an attempt to achieve thc best representation of'each vegetation community. RESULTS & DISCUSS10,N: Tract 150 (5.2:; acres)- FLUCCS Code-411/621 (Pine-cypress) This parcel is located in the north east quadrant of thc intersection ofC R 951 and White Boulevard The vegetation community appears to be a remnant cypress system, which has experienced a change in the hydro pattern. resulting m the growth of upland species, such as fox grape and caesar weed The most hkel.~ listed plant expected to find here would be var,ous Tillandsia's. which are divided be~'een listings ofendangered and threatened Ho~,'ever. very few ',,,'ere identified, and existed too high up in the trees to identify There v, ere no listed animal species observed on the subject site during th. is survey A soils map and listing is attached 204 AGENDA ITEM NO. 12 A1 October 13, 1998 Pg. 2(14 TURRELL & ASSOCIATES, [NC Morine & Env~ronmenloI Consulhn[ 3584 Exchange Avenue, Suite B * Nople$, FIo~kflo 34104 * (941) 643-0166 · Fox: (941) 643-6632 LIISTORICAL/ ARCrl£OLOGICAL DATA: The F~orida Master Site File h~s been ~nlacl~ ~bout any i~o~ation rtg~rding ~storic~1 ~or archeo[ogical sites on thc subject site. i~ormation ~il be fo~arded upon receipt 205 pAGENDA ITEM NO. 12 A1 October 13, 1998 g. 205 C.R. 951 ::;U © r"q z NORTH 206 IAGENDA ITEM NO. 12 A1 October 13, 1998 pg. 206 Arlerial and Collector Roads The site is located on the northeast comer of the intersection of White Blvd./Pine Ridge Rd. (CR- g96) and County Road 951 (CR-951 ). The area of influence for the required Traffic Impact Statement (TLS), although not yet formally established, at a minimum can reasonably be expected to include the following roadway segments: · Pine Ridge Rd. from Logan Blvd. to CR-951 · Golden Gate Blvd. from CR-951 to Wilson Blvd. · CR-951 from Vanderbilt Beach Rd. to Golden Gate Blvd. · CR-951 from Golden Gate Blvd. to White Blvd./Pine Ridge Rd. · CR-951 from White Blvd./Pine Ridge Rd. to Golden Gate parkway In addition to the major collector ro~ways on the network identified above, the following two local collectors have also been included in this analysis. Although, due to their functional classification, no minimum level of service standards have been adopted as pan of Gro~'th management Plan, none the less they are roadways for which impacts of the proposed land use chang,' should be considered. ,, White Blvd. east of CR-951 · Weber Blvd. north of White Blvd. An examination of the current (199'7-98) operating conditions of these roadway segments reveals the following: Pine Ridge Rd. (Logan Blvd. to CR-951) Current Facility: 4-lane divided collector 1997 AADT: 13,078 Maximum Sec'ice Volume: 41,000 ]997 LOS: ,4 1997 V/Std. Ratio: .32 Comments: Traffic volumes along the portion of this segment of Pine Ridge Road declined by only 1.7% between 1996 and 1997. Historically the growth in the 35000 3~.0~ 2S.C(X) 20000 1000O S.00~ corridor has been ,rignificant. averaging 10. 3% per year for the period 1992-1996. The Count)' predicts an annual growth rate of between .5-6% per year for the next five ),'ears Because this portion of the Pine Ridge Rd currently operates at 31, 9% of its LOS capaciO', at the projected rate of growth, the facility is not expected to near its LOS ca?acio' within the next five )'ears. 207 [~GENDAITEM NO. 12A1 October13,1998 pg. 207 Golden Gate Blvd. (CR-951 to Wilson Blvd.) Curr~n! Facility: 2-lane undivided collector 1997 AADT: 13.431 Maximum Service Volume: 14,200 Adopted LOS Standard: D 1997 LOS: D 1997 VIS'at. Ratio: .93 Comments: Traffic volumes along Gol&n Gate Blvd. ha~'e grown steadily over the last five years, averaging 7, 3% per year 1992 and 1997 Collier Count)' haJ predicted that trend to continue, and at the current rate, the ~ segment will exceed its adopted LOS standard [r~ 1998. Collier County ~ programmed construction ora 4.1ant improvement to the segment ln ft~col .vear 1998-99 in order'to mointain concurrency CR.951 (;¥orth of Golden Gate Blvd.) Currtmt FaciliD': 2.1ant undivided collector 1997 AADT: 10,696 Maximum Service Volume: 15,800 Adopled LOS Standard: D 1997 LOS: C 1997 V/Std. Ratio: .68 Comments: Traffic volumes along the portionofCR.951havegrownsharplyover ~ ~ ~ ~ ~ ~ ~ the l~t ~e ye~s, i~re~ing ~t an ~erage annual rate of 10. ~A ~meen 1992 and 1997. Collier CounW ~ Ftdicted that trend to continue, a~ at t~ cu~ent rate, the ~e~e~ will ~ ~pr~chl~ Its LOS ca. cio' in by the ~ar 2003. Ahhoug~ a 4-1ant improveme~ ~ ~ by 2010. ~ c~ci~ improvements to this se~e~ are c~ently pro~ammed within t~ ~xt~e ~, Collier CounW can be exacted to c~e~lly monitor the o~rating co~itio~ in ~r to ~o~am ~d co~ct the necessao' improvements to maimain con~e~ in the area. 2O8 IAGENDA Il'EM NO. 12 A1 October 13, 1998 pg. 208 CR-951 (Golden Gate Blvd. to White Blvd./Pine Ridge Rd.) Current Facility: 4-lane divided collector 1997 A.ADT: 19,282 Maximum Service Volume: 42,900 Adopted LOS Standard: D 1997 LOS: B 1997 V/Std. Ratio: .45 Commcn~: Traffic volumes along the 4- 0 laneportmnofCR-95Ihavegrownsteadily ~ ~ ~' ~. ~ ~ ~ over the last five years, increa, dng an average of 7.5 % per )'ear between 1992 and 1997. The Count)' predicts an annual growth rate of bem'een 5.6% per year for the next five years Because this portion of the CR.951 currently operates at 44 9°/; of tt$ LOS capacit)', at the projected rate of growth, the faciltt)' is not expected to near ~ts LOS capacity within the next )qve years CR-951 04'hire Blvd./Pine Ridge Rd, to Golden Gate Pkwy.) Current Facilily: 4.lane divided collector 1997AADT: 18.254 Maximum Service Volume: 42,900 Adopted LOS Stmndard: D 1997 LOS: B 1997 V/Std. Ratio: .43 Comments: Traffic volumes along the portion of eR-93] south of the H'htte Bird/Pine Ridge Rd have grown moderately 15.0C0 ~ ......... 10.0~10 ......... 5C~ ......... over the last jqve ),ears, increasing an average of 3 6% per )'ear bet%een 1992 and/997. The Count)' predicts an annual growth rate of bet~'ecn 3% per yt'ar for the next five ),'ears Because this portton of the cR-gJl currently operates at 42.6% of its LOS capacity, at the projected rate of growth, the facilit)' il not expected to near its LOS capacity within the next five )'ear.~ "1 2O0 AGENDA ITEM NO. 12 A1 October 13, 1998 pg. 200 t~Ttite Blvd. ~eas! of CR-951) Current Facility: 2.lane local collector 1998 AADT: 10.2.54 Maximum Ser,,ice Volume: 11,400 Adopted LOS Standard: none 1998 LOS: C 1998 V/Std. Ra:io: .77 Comments: Traffic volumes along White Bird east of CR-95! are currently capacity Because no historical data exists for the facih~.,, no official Count), projectiotts are m'ailable; however, even at an estimated 3% annual growth rate, the facility is not expected to near its LOS capacit)' within the next five )'ears Weber Bh'd. (north of White Blvd.) Current Facility: 2-lane Iocal collector 1998 AADT: 1..~62 Maximum Service Volume: 13.400 ~oooo Adopted LOS Standard: none 8ooo 1998 LOS: A sooo 1998 V/Std. Ralio: .12 Comments: Traffic volumes along Weber Bird are insignificant and no further evaluation i~ nece~sar)'. 2O30 210 JAGENDAITEM NO. 12 A1 October13,1998 Pg. 210 Site Traffic Analysis The si~e traffic impact analysis assumes the following: 5 acres (north side of White Blvd.) designated for 125 uni! Assisted Ca~ Living F~cility (ACLF) · ITE Weekday Trip Rate: 2.15 per Occupied Dwelling Unit · ITE Peak Hour trip Rate: .17 per Occupied Dwelling.Unit The ACLF iastitution~l use is likely to generate 269 average w~ek-day trips (AWDT) with 7.$%, or 21 ~ps occurring during the peak hour (P.M.). 'When estimating site u"~'l'ic impaci, it is also appropriate to cv~lu, ate the level of "passer-by' trips that are included in the st~:la~l trip g~eration rates. Based upon the ch·ract~istics of the institutional "destin~ion-tTpe" uses ,,r, dcipated for this site, the level of '¥asser-by" trips is comidered insignificam. Since the proposed use is not pa~t of · mixed-u-se development, no in~emal capmr~ rate is aFplied. Conclusio-: Based upon the ar~ysis of existing and futur~ operating conditions of the a~ea roadways, the si~e generated traffic is not likely to negatively impact the LOS com:lidons of the adjacent roadways. Access related impacts ~re not expected to adversel)' impact the operating conditions of the adjacent s~-et system. As ~ of the r,~zone process, a Tr'~rfic Impact Statement (TIS) wi.Il be prepared that should include an access man~ement pl~rs (AIVIP) if w~u'ramed. Traffic Congestion Boundary The subject site is outside of the Tra~c Congestion Boundao' identified on the Futur~ Land Us~ Map of the Collier (.'oun~y Growth Management Plan. 211 IAGENDA ITEM NO. 12 A1 October 13, 1998 Pg. 211 EXI-tIBIT IV Im.p~c~ A.s~ssmcnt This site r~eiv~s abnormal impacts due to its frontage on an expanding intersection and front~ on ~r~ roadways. Tract 150 h~ rron~a~ on CR951, Whit~ Boul~ard an6 W~bb~ Boul~rd. Th~ int~s~don or ~'h~: ~lYd. wi~h CR951 will be cxpand~ ~s y~r which ~11 r~uirc an ~ddido~135' of 6~t~f-way from Tract 150. The Colli~ County Transpo~a~on D~a~mcnl plans ~o dir~t tra~c from Golden Gate Boulo'ard throu~ this inters~t~on durin~ construcgon of Oold~ Gate Boulevard. The fact iMt Irac~ 150 fa~ a si~al~z~ major ini:rs~tion which is expandinE, is r~son ~ou~ lo sup~m a concern for incompat~bil~ offs l~tion for Estat~ Roid~dal due to a r~uir~t lo mid~ale ~a~c noise, fumo and h~d I~ts. This militalion is not a r~uirement of olh~ ~tate lo~ and is n~ in order to achieve ~he same or a similar lif~le. Au~ion of hoist, li~t ~nd fum~ is a r~uir~ent for r~idential compa~ibiliU. Odom from ~x~ust ~Y or may not ~ mi~i~at~ by ~ m~sur~ r~uir~ ~o do th~ s~ for sound or li~t. ~& we ~w of no widely acc~pt~ Iol~r~ble I~ls or,ors by which to m~sure impact. Howler, f~ Ii~t ~ so~ ~ypical l~iqu~ includ~ a v~ri~ of phyiical barrios that ar~ opaque to vision ~nd r~fl~tive of sou~ T~ ~i~t r~uirem~t for such ba~ woutd ~ 10.S f~ above th~ cro~ of th: ~djac~t roadways, bas~ u~n lht heist of Tractor Trail~ ~in~ li~. MEAS~MENTS OF ACCEPT~LE LE~LS OF sOlD AND NOISE: Fr~u~ncy, in~iD' ~d dura:ion of sound and li~t from offsite sourc~ have b~ m~ur~ for lhe pu~s~ of a~lyzin~ l~d us~ compatibili~ by Collier Count. M~ur~enis of 6~ ~A ~ve ~ r~ord~. ln~r~tation of th~s ~m r~lativ~ lo ~cc~abl~ p:rc~dble I~v~ls in Esta~ K~id~tial would b~ di~cult to d~in~ or prove. How~, according ~o smn~r~ publish~ by the Soulh~ Bugding Code Con~s lnt~ion~L m~ur~ sound I~v~ls of 67dBA ~xc~ thos~ r~comm:nd~ for RI - sin~l~ f~ily r~id~ti~l. The g~mtnd~ maximum sound for sin~ f~ly r~id~tial is 60dBA ~rop~ lin~ (S~ a~ch~ pa~ I Standard for Sound Comrol.) DIMENSIONS OF B~IERS Acc~tabl~ ba~s would ~clud~ w~lls, liner ~nh~ moun~ (~) ~ v~tion. V~g~lion itself will not occlud~ li~t and sound ~ the r~uired dkm~sion of 160 f~ (on~h~lf lot width.) Two exampl~ of ad~uat~ ba~i~ are provid~ ~low, ~in~ Tr~cl 150 ~ ~n ~x~mple. 12' HIGH L~E~ BE~. This ba~i~r would ~ I~a~ alon~ lhe sou~ ~i:e Blvd.) ~nd w~t (CR951 ) prop~ I~ for, total of 990 f~. A ~ with a slo~ of4:l (m~ximum mowable) ~nd · cr~t wid~ of 5 f~ would r~uire follo~'in~: 48' + 48'+5' = 101 f~ in width by 9~ f~ in I~h Ar~ r~uir~ = 99,990 sq. fl. or 2.29 acr~ Cubic yar~ of fill r~uir~ = 23,320 cu. y~. 212 AGENDA ITEM NO. 12 A1 October 13, 1998 pg, 212 ;osts would be approximately: Clearing,: 2.29 (~$5,000/ac Land: (~/3 of approximate lot value) Placed till: @ $?.00/cu. yds. Bahia sod: ~ .16/sq. ft. TOTAl. COST OF BERM $11,450.00 $ 40,000.00 $163,240.00 $ 15,998.0_0 $230,688.OO a~NALYSIS: ~ince thc total cost of the berm represents nearly 3 times the current mark~ value of the lot this solution for ~se as an estate lot is not financially, feasible. 5' HIGH BERM + 6' HIGH WALL This solution will provide less attenuation of sound but would probably bring it down to acceptable levels: A~a required = 52,470 sq. ft. or 1.20 acres Wall Required '* 6' ht x 990' length Cubic yards of fill required - 5,940 cu. yd, Cost would be approximately: Clearing: 1.2 ac ~ $5,000/ac =$ 6,000.00 Land: .24 X 80,000 =$ 19,200.00 Placod fill: @ $?.00/cu. yd. =$ 41,580.00 Bahia sod: @ .16/sq. fi. =S 8,360.00 Wall: 6'6 $60/linear fi. =$ 59,400.00 TOTAL COST OF BERM & WALL =$134,543.00 ANALYSIS: Since the total cost of this solution represents a cost of 1 V, times thc value of Tract 150 or i S I. 1, this solution is not deemed to be financially feasible since no additional value is created. In fact, the value of these lots aze probably less tMn an o:h~rwise unencumbered estates lot, due to less usable lot area. SUMMARY: To recap, this site receives far more than normal impacts due to its location on a busy int~'section that will increase in intensity over time. Creation of ban'icrs needed to produce lifestyles typical of a 2'/3 and 5 acre residential estate lot values have unfeasible development costs. Finally, empirical and analytical d~ta and analysis would be difficult and costly to obtain. Measurement of levels of sound actually occurring on Tract 150 significantly exceecl corm'non conditions elsev,'here in the estates and the standards for residential single family recommended by the Southern Building Code. Therefore, as a result of measured sound intensity at Tract 150 as a result of traftqc noise, ,,nd intensities of use azound this tract, Tract 150 is not compatible for single family residential use. 213 IAGENDA ITEM NO. 12 A1 October 13, 1998 pg. 213 .Z)uT~L -~ . goverrung the aJJowable sound pressure levels witch tt,Js Sea, cea. rd sct forth for that cbsmct or zone. Noises that ~u: capable of being measured sl'~J be Lhosc which cause rap~d fluctuauons of thc sound level me:e: needle w~t.h a vanauon of no more than plus or nunus 2 dBA. No~sts incapable of bem~ so rneas~cd, such as those of a~ irrtgulu or .mterrnincnt nam:'~, stxa. ll be controlled so a~ no! to become a norse disturbance to a. ny adjacent uses. 30.1.2 ,',,laxtmum Permissible Sound Le~,eLs A persor, sh~ll no~ operate or cause to be operated on private property any v~urce of sound an such a manner as to cteat~ a sound level wluch excee~ the hrtuts set for'th for the receiving la. nd usc category tn Table 30~ when mea~,u~e~ at or within the property tx.~uoda,"y of the recelvm~ land use. TABLE 303 SOUND LEVELS BY RECEIVING LAND USE Receiving Land-use 'rlme Soun~ Level Limit. Category ,~eq~oe~l,al eGrc)uO 7 O0 a m · 1C":O~ I::m 62 ~2 and qes,ae-~a~ ( Grouo 7 ~ a m · 10.00 O m 60 O~. DuDhC space. c~n soace i~ShluhOnal Business At all ~mes 70 or Commercial InGustnal or At all h~es Agncut:ural The aOove Oayl~me hour values a,e to De reOuceci Dy § ~A at n,g~me hours [10~ pm. · 7 ~ a m ) ~3~ Colorlon For Ch~cter ~und ~, m~mum sound level lieu Scl forth ~n 305 sh~il ~ reduced by ~ dBA for ~y souse of sound w~ch ~t$ a pure tone. ~s r~ducuon i$ m addiuon [o ~c ~ducuon for m~mmc hour. ~3.4 Exemptio~ Prov~smns of 303 shall not apply ~o ~he o~ra,on of any device (~1. c~me. elc.) of ~y church, synagogue, mosque or ~h~l. in[enu~e ~lway I~omotives. ~rc~ o~ttons or routine mamten~ce of public se~ce uultt~cs. 14 Stanal~ Io~ Soun~ Conlrol Ig87 214 I AGENDA ITEM NO. 12 A1 October 13, 1998 Pg. 214 ~XIS'TING ZONING MAP Collier County Florida GENF_.RA.L / EX]STaG ZONTNG MAP 215 IAGENDA ITEM NO. 12 A1 October 13, 1998 Pg. - 3). EXISTING LAND USE ~ Z ....... ~ ..... f :' 216 IAGENOA ITEM NO. 12 A1 October 13, 1998 Pg. 2 If TO: MEMORANDUM COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION PLANNING SERVICES DEPT., COMPREHENSIVE PLANNING SECTION DATE: SEPTEMBER 1, 1998 RE: PETITION NO CP-98-4, GROVVTH MANAGEMENT PLAN AMENDMENT FOR PROPERTY ON THE EAST SIDE OF SANTA BARBARA BOULEVARD IN GOtDEN GATE CITY (TRANSMITTAL HEARING) AGENT/APPLICANT: Agent Colher County Planning Serwces Department 2800 North Horseshoe Drive Naples, FL 34104 Pebboner; Collier County Board of County Commissioners Owner: Multiple owners GEOGRAPHIC LOCATION: The subject property containing approximately 11 acres, ~s located on the east side of Santa Barbara Bird in Golden Gate City, 500 feet north of Golden Gate Parkway. (Please see location map -"Map 4-A, Santa Barbara Commercial Subdistrict" - on the following page.) REQUESTED ACTION: This amendment, prepared by Planning Services Department staff pursuant to direction from the Board of County Commissioners, seeks to amend the Golden Gate Area Master Plan Element (GGAMP) and Golden Gate Area Future Land Use Map by establishing a new Subdistrict which permits Iow intensity commercial development. The proposed Golden Gate Area Future Land Use Map change is shown on the following page (Map 4-A) and at the back of this staff report (Exhibit"A" Golden Gate Area Future Land Use Map) The proposed text change is to the Urban Designation, Urban - Commercial D~strict, by adding the "Santa Barbara Commercial Subdistr~ct" as Paragraph 5 on page 22, as follows 5 SANTA BARBARA COMMERCIAL SUBDISTRICT The intent of this Subd~strict is to provide Golden Gate City with additional opportumties for small scale commercial development. Such development ~s intended to serve the surrounding neighborhoods and those traveling nearby This Subdrstrict is intended to: contain Iow intensity uses which generate/attract relatively Iow Iraffic volumes: be appropriately landscaped and buffered to protect nearby residential areas; be architecturally designed so as to be compatible with nearby residential areas: and, limit access to promote public safety and lessen interruptions to traffic flow on Santa Barbara Boulevard. Aggregation of lots ~s strongly encouraged so as to allow greater flexibility in site design and ease in compliance with parking requirements and other development standards. The types of uses permitted are Iow intensity retail, offices, personal services, and institutional uses. such as churches and day care centers IAGENDA ITEM NO __12A1_. October 13, 1998 pg ~217 I 9< 99 ~ 97 MAP SANTA BARBARA CO~/MERC/AL SUBD/STRZC'T COL~J£R COUhTY. FLORZDA I Th~s Subd~stnct is intended to promote commercial development opportumt~es Therefore. ~n order to reduce the potential conflicts that may result from residential and commercial uses ~n close proximity, existing residential uses must cease to ex~st no later than ten (10) years after the effective date of the adoption of this Subd~stnct This does not require the removal of the residential structures if they can be. and are, converted to uses permitted in this Subdistnct, within one additional year. This requirement to cease existing residential uses does not apply to the Santa Barbara Club Condominium located on Lots I and 2, Block 226, Golden Gate Unit 6. Within one year of the effective date of the adoption of this Subdistrict, the Land Development Code shall be amended to provide specific uses and development standards to implement this Subdistrict These shall include: 1. Landscaping and buffering requirements 2. Architectural design standards. 3 Requ~remen', Io cease res~denbal uses 4. Promb~t~on cf automobile service stations and similar repair facilities This does not preclude convemence marts with gasohne pumps 5. Encouragement of shared parking with adjacent projects, wherever possible 6. A m~mmum project area requirement of 1 acre. 7. Encouragement of shared access 8 Encouragement of pedestrian traffic by requ~nng sidewalks and requ~nng adjacent projects to coordinate location of sidewalks 9 Budding height limitation of two stories maximum. 10. S~gnage restrictions, 11 Vanance provision applicable to the above items, except PURPOSE/DESCRIPTION OF PROJECT: To prowde Golden Gate City with additional opportunities for small scale commercial development in order to serve the surrounding neighborhoods and those traveling nearby. SURROUNDING LAND USE, ZONING AND FUTURE LAND USE DESIGNATION: Subject S~te: The site, consisting of 30 platted lots (31 parcels due to lot sphts). ~s zoned RMF-12, Residential Multi-famdy Eleven lots are undeveloped Twenty parcels are developed with a total of 59 dwelling umts ~n the form of duplex, triplex and quadplex structures, including one condom~mum (8 units in two structures on two lots) The property is designated Urban (Urban - Mixed Use District, Urban Residenbal Subd~stnct) on the Golden Gate Area Future Land Use Map. Surrounding Lands North - Across 22'`0 Place SW. undeveloped lots zoned C-2, Commercial Convenience. Further north are developed C-2 lots. All designated Urban (Urban - Mixed Use District Urban Residential Subd~strict) 210 AGENDA ITEM NO __12A1__ October 13, 1998 Pg East - Res~denbal development (mostly duplexes) and undeveloped lots zoned RMF-6 Res~denbal Mulb-famdy; all designated Urban (Urban - M~xed Use D~stnct. Urban Residential Subd~stnct) South - Across 27~'' Court SW, a funeral home on land zoned C-4. General Commercial Further south is Santa Barbara Square shopping plaza, zoned C-4, and Golden Gate Parkway: all designated Urban (Urban - Mixed Use District. UrbanRes~denbal Subd~stnct). West - Across Santa Barbara Blvd, s~ngle family dwellings, one church, and undeveloped land zoned E, Estates: all designated Estates STAFF ANALYSIS: Environmental Impa_ct_~s The site was completely cleared of ex~sbng native vegetabon in the 1960s as part of the development of Golden Gate C~ty Present y. the s~te contains a variety of grasses, shrubs and trees typ~cally found m an urban landscape Thes~te~snot~nclose prox~m~ty to any wellfields or cones of influence Effect on Hicih Range Populabon Prolecbons Pursuant to CIE Pohcy 1 1 2. a sigmflcant impact in populabon is defined as a potential increase ~n county-wide population by more than 5% of the BEBR (Bureau of Economic and Business Research) h~gh range projecbons This petition will result in a decrease m the number of dwelhng umts, therefore a decrease m potenbal population Pubhc Fatalities Impacts Staff's analys~s of traffic ~mpacts assumed a mixture of retail, office, and personal service uses totahng 75000 s f (30 lots. average of 2.500 s f per lot) The ITE Trip Generabon Manual was used to determine trip generation, and capture rate of passer-by traffic (as high as 40%) Based upon this analys~s, no adopted LOS standards for roadways within the radius of development influence would be s~gnfficantly impacted. (see chart below) The segment of Santa Barbara Bird encompassing the sL~bject area has a current traffic count of 21,128 ADT resulting in LOS "B operational standard Commercial Use Square Feet I Total # of Average New AWT (reflects 40~/~, Weekday Trips (AW'r) i capture rate) General Retail 37.500 s f 1,500 900 General Office 12,500 s f 110 65 Medical Office 12,500 s f 457 274 Personal Services 12,500 s.f. 80 48 TOTAL 75,000 s f 2.147 1,288 Multi-family Residential # DUs Average Weekday Trips Existing DUs 59 354 Potential New DUs 44 264 TOTAL 103 618 I INet Increase - Commercial vs. Residential Land Use 670 AWT AGENDA ITEM NO ~12A1~ October 13, 1998 Pg __220 Th~s s~te ~s w~th~n the jurisdiction of the Florida Cities Water Company for provision of central water and samtary sewer service They adwse central water is available to serve these lots Connection ~s not mandatory so private wells could be used to serve these lots, There should be httle if any, increased ~mpacts upon potable water facilibes. Sewer service ~s not presently avadable Ex~stmg development utilizes septic tanks/drainfields and new development would be hm~ted to same There should be no change ~n impacts upon sanitary sewer facilities, New development permitted in this Subdistrict will be non-residential There should be no increased impacts upon parks and recreation facihbes Stormwater management requirements would not change from residential to commercial development. However, land area devoted to stormwater management m~ght ~ncrease since there may be an increase ~n the amount of ~mperwous surface due to greater parking requirements for commercial development There should be m~n~mal change ~n impacts upon public drainage fatalities G~ven the small s~ze cf the subject area, there should be mimmal change ~n ~mpacts upon sohd waste facd~bes In summary, there should be no change in LOS standards for any Category A public faciht~es parks and recreabon, potable water, sanitary sewer, drainage, sohd waste, or arterial and collector roads APPROPRIATENESS OF CHANGE/ISSUES: Data and Analys~s Rule 9J-11 007(1) and 9J-5 002(2). FA.C, specify that data and analyses must be provided to support a GMP amendment Th~s could include population growth vs ex~stmg inventory to demonstrate a need for a particular land use Based upon mformat~on ~n the GMP Evaluabon and Apprmsal Report, prepared m 1995, there appears to be an adequate ~nventory of commercial zomng in the Golden Gate Planning Commumty to meet demand beyond 2005. based upon the ex~sting inventory and population projecbons There ~s no needs assessment solely for Golden Gate City However most of the retail commercial zoning in Golden Gate City ~s developed (66%) There may be a need for additional retad development at a neighborhood scale to serve Golden Gate City and the nearby Estates area (see tables below) Golden Gate Planning Community Population & Commercial Inventory Data Category 1995 2000 J 2005 population esbmate and projections 24,090 30203 [ 34 91'3 retail land userequ~rements' 132 acs 195 acs ! 279 acs total zoned commercial' acres** 448 acs [ total developed commercial acres" 146 acs total undeveloped commercial acres" ! 302 acs I ° excludes office uses "includes all commercial zoning districts 221 IAGENDA ITEM NO 12A1 Oct~'-~'er 13~ 1998 Pg __221 Golden Gate City Population & Retail Commercial Inventory - 1998 Population I 16,826 Zoning District Total Acres C-2 8 23 C-3 5 14 0-4 C-5 PUD TOTAL Developed Acres Undeveloped Acres 2 43 5 80 1 48 99 62 1 9 03 68 70 742 99 123.01 .99 81.02 3661 27 50 ! 161i 0 O0 38.57 A mixture of neighborhood commercial uses with residential development can be an appropriate advantageous land usem~x Thepropemesaresduatedmalinearpatternal°nga4'lanedw~ded collector roadway w th res~denbal development to the east in Golden Gate C~ty and to the west ,,n Golden Gate Estate~ Th~s prowdes an opportumty for commercial development to serve the surrounding neighborhood aS well as local travehng pubhc Office uses were no: addressed in the aforementioned commercial study. Based upon a commercial inventor/prepared m 1998. there were + 25 acres of undeveloped C-1, Commercial Profess~anal. zomng ~n the Golden Gate Planning C~mmunity - including 2.6 acres m Golden Gate City The Golden Gate Parkway Professional Office Commercial (GGPPOC) D~strict along Golden Gate Parkway. conta~mng +_ 22 acres and hmited primarily to professional office development ~s undeveloped Additionally. all other conventional zoning districts (C-2 thru C-5) permltoff~ceuses as do the undeveloped PUD commercial tracts m the Golden Gate Planmng Commumty Presumably. any off~ce development ~n the proposed Subdistrict would be competing w~th poss,ble office cevelopment ~n the GGPPOC D~strlct as well as the other undeveloped commerc;al zon,n9 m the Golden Gate Planmng Community Golden Gate City Office Commercial Inventory - 1998' Undevelo >ed Zoning ,, f Acres Developeo C-1 ' 860 24 70 Founders Plaza PUD i 0 00 13 33. 0 O0 1 50 Jacaranda Center Parkway Center " 0 00 2 34 Parkway Place 0 00 1 99 Parkway Promenad-~' 0 00 1 12 RMF-12 (des~Qnate~-GGPPOC) 0.00 2 00 TOTAL ' " 8.60 46.9§' · excludes C.2 · C.5 a'~d PUD commercial zoning which perrmts c Vehicular Access Typically each of the subject lots measures 120' frontage by 125' depth for a total of .34 acres Almost all lots are mCependently owned (see map btled "Ownership and Development - Santa Barbara Commercial Subd~strict" attached to this staff report). Presently, each developed lot has 222 IAGENDA ITEM ~NO 12A1 IOcto-:-oer 13] 1998 lpg m222 ~ts own separate access point. Since commercial development would have more ingress/egress movements than residential, a separate access point for each lot would cause more d~srupbon of traffic flow on Santa Barbara Blvd. and create a greater potential for accidents It would be preferable to have fewer access points on Santa Barbara Bivd, The County's Access Management Pohcy provides that each parcel under separate ownership may have an access point. Though the County cannot mandate shared or joint access, it can encourage Cessation of Res~denbal Uses Approximately 65% (20131 lots) of the lots are developed, all with residential uses (see attached map of ownership and development) Most of the structures were built between 1977-1984. One triplex was built ~n 1990 and one triplex was built in 1997. If the existing residential buildings remain, the resulting pattern of res~dent~a! and commercial uses could generate compatibihty issues. In the Ion9 term, ~t would seem appropriate to require cessation of existing residential uses so that th~s Subd~stnct would develop uniformly commercial. The County Attorneys Off~ce advises it is legally defensible to mandate cessation of income- producing residential uses (rental properties) However. such is not the case for the (Santa Barbara Club) condo"mn~um located at the southerly end of the subject area Meetinqs w~th Property Owners As of the date of this staff report, two meetings were scheduled with interested property owners w~tnm th~s proposed Subd~stnct At the first meeting, staff advised that the BCC gave direction to m~t~ate an amendment to the GMP to add a commercial designation for the subject lots: explained the GMP amendment process: suggested small scale, Iow intensity commercial would be most compatible md~cated a need for design standards to ensure compatibility with nearby residential development and to present a positive image of this area, and, expressed desire to limit vehicular access to tess than one access point per lot. Participants suggested some allowed and prohibited uses, gave examples of acceptable landscaping/buffenng, and offered some development standards At the second meeting, staff presented responses to ~ssues/questions raised at the first meeting (see atIached "follow-up to questionshssues at June 16. 1998 property owner meeting") Also, staff presented draft sketches of possible commercial building designs and site plans, each building conta~mng approximately 2,500 sf Two sketches reflected conversion of exisbng res~dential structures, each on a single lot: one sketch reflected new 6onstrucbon on 3 lots New construction ~s hm~ted by septic tank and drainfield reqwrements, a limitation not faced by most commercial development - other than some other lots in Golden Gate City, such as the C-2 lots to the north. Upon review of the sketches and staffs response to issues/questions raised at the first property owner meeting, some concerns were expressed about th~s Subdistrict. Concerns included 1) the abihty to develop commercial uses under existing code requirements and with the proposed Subdistnct requirements; and. 2) for those lots with an existing residential structure, the viabihty of ceasing an income-producing use for an unknown potential for commercial development A third meeting with property owners is scheduled for September 8, 1998, 223 IAGENDA ITEM NO 12A1 October 13~ 1998 Pg ~223 I;1 A f i':,"t,'l I' ,'l 'ui DL Vt 1 !'t1~!1, VT JAGENDA ITEM NO. 12A1 Oct~"'ber 13~ 1998 Pg 224 IT~ #7I · This Subdistnct wIll result in no negative impacts upon the natural enwronment as the site was previously cleared and is not in close proximity to any wellfields or cones of influence. · This Subdistr~ct should not change ~he LOS standard for any Category A public facility. · There does not appear to be a need for additional retail or office commercial zoned lands in the Golden Gate Planmng Community. · Retail commercial zoning in Golden Gate City is 66% developed. · Potentially. the subiect lots could provide neighborhood commercial uses to serve the nearby residential development in Go~den Gate City and Golden Gate Estates, and to serve the Ioca~ traveling public on Santa Barbara Blvd. · The majority of lots in this Subdistrict are under separate ownership. · Shared access can be encouraged but cannot be mandated without providing a mechanism for relief from that reqmrement. · Excluding the Santa Barbara Club condo, 62% of the lots in this Subdistrict are developed. · Most developed lots in this Subdistrict are in need of landscaping maintenance or replacement. · Mandating cessation of res~denbal uses by a date certain is desirable as a means of ensuring homogenous development of commercial uses, and is legally defensible for rental properhes. ,~LE.EJ~.~0 IVl M_ E~ O A T I 0 N: That lhe CCPC ~orward Pebtion CP-98-4 to the BCC with a recommendation to transmit this Pebt,on to the Florida Department of Community Affairs and Southwest Florida Regional Planning Councd. David weeks, AICP Senior Plann~ ./.~_. , REVIEWED Barbara A. Cacchione, AICP Comprehensive Planmng Manager REVIEWED BY~ ----'"- "Rq~ert J. Mulhere, AICP Planmng Servmes Director Vincent A. Cautero, AICP, Administrator Community Dev. & Environmental Svcs. DATE: DATE: Petition Number. CP.98-4 Staff Report for September 17. 1998 CPCC meeting. NOTE: Th~s Debt,on has been a0vert~seO for the October 13. 1998 BCC meeting. COLLIER COUNTY PLA~ COMMISSION: 225 IAGENDAITEM NO 12A1 Oct~-~'er 13-. 1998 Pg 225 [] - ( IAGENDA ITEM NO 12A1 Oct~'-~r 13'~ 1998 Pg ~226 Follow-up to questions/issues ot .Tune 16, 1998 property owner meetinq: BUILDING Present building codes prowde that a residential structure with 4 units and above is considered mult,-family and must be built to commercial standards, However, some builders choose to construct their 2 & 3 unit complexes to commercial standards. The only true way to find out how the structure was built is to review each building separately. For existing concrete block structures not built to commercial standards, it may be feasible to convert them to meet present building codes. Modifications might include windows, doors roof. walls, etc It will be necessary to comply with the Americans with Disabilities Act (ADA) which includes making doors/doorways and restrooms wheelchair accessible For existing wood structures, it is probably cost prohibitive to attempt to convert them To comply w~th ADA requirements, a 2-story building would require an elevator or a ramp with a gradual slope ASSESSMENTS (taxes) Per the Property Appraiser's Office. the taxes and/or assessment for these properties would not change to commercial pnc~ng until the commercial zoning is actually in effect - unless the market reflects an increase in value (then the assessments would be changed accordingly) ALLEY An alley affords cnly a secondary means of access to properbes abutting ~t and is not ~ntended for general traffic circulation, per the Land Development Code(LDC) An alley ~s typically used for service functions - solid waste removal, deliveries read meters - and access to employee parking. The LDC provides that up to 30% of required parking can be located w~th alley access bu__t that parking ~s hmRed to employees and service vehicles LANDSCAPING/BUFFERING The front of these properties (along Santa Barbara Blvd.) must contain a 15' wide landscape stnp with a tree every 30' and ground cover. If the abutbng portion of the site contains vehicular use area, the landscape must also include a hedge Sec. 2.45.1 of the LDC requires the landscaping be brought uP to code to the maximum extent possible when: 1) vehicular use area is altered or expanded: 2) building sf is [AGENDA ITEM INO 12A1 ! Oct~'~-er 13~ ~ 998 changed; 3) structure is vacant _> 90 days & request for occupational license is made to resume business. It is possible that a residential building could be converted to commercial use without triggering any of these 3 items. However. staff thinks it may be appropriate to require the site be brought up to code to the maximum extent possible in all cases of conversion from residential to commercial. SEPTIC SYSTEM Requirements for septic tank/drainfield size are dependent upon the type of commercial land use - not a simple correlation with the number of toilets, sinks, etc. - so it is a case by case determination, Possibly could convert a duplex or triplex building to office use and utilize the ex~sting septic system. Restaurants would be one of the more demanding. ZONTNr~ Properly owner must submit Site Development Plan prior to getting a building permit. If a building already existed with parking and landscaping, the site would have to be brought up to code as much as possible regarding parking, landscaping and handicapped parking so as to make it less non-conforming. At staffs discretion, these items do not have to meet the zoning requirements completely if there is not room to do so. There may be safety considerations - for example, inadequate parking could result in vehicles parking in the right-of-way or parking such that they back up into the right-of- way. After all this is completed, a site check would be performed prior to issuing the occupational license(s) for the uses on site. ~la~ ~eDotT ~riBnsm,~aI IAGENDA ITEM NO 12A1 Oct~'-er 13~ 1998 Pg __22S ADDITIONAL INFORMATION SUBMITTED DURING CCPC PUBLIC HEARING FOR PETITION CP-98-01 IAGENDA ITEM NO 12A1 Oc~'ober 1~- 1998 Pg __229_ IAGENDA ITEM NO 12AI Oc~'ober 1~. 1 gg8 Pg __230_ 0 0 0 September 30, 1998 R. Bruce Anderson, Esq. Young, van Assenderp & Vamadoe 801 Laurel Oak Drive Naples, FL 34108 Subject: Vacant Land Parcel at Northeast Quadrant of Goodlctle Frank Road and Pine Ridge Road Project No. 983777 Dear Mr. Anderson: At your request we have completed a review of the Collier County Community Development & Environmental Services Division's memorandum dated September 1, 1998. This memorandum was in reference to Petition No. CP-98-01. a request to amend the Future Land Use Element of the Collier County Grow'th Management Plan to allow the creation of a "Goodletle/Pine Ridge Commercial Infill Sub-District" to the "Urban-Commercial District" for specified lands (31' acres). - According to the Memorandum, Community Development & Environmental Services has :luestioned the petitioner's analysis, arguing that Regional retail square footage, stand alone 'estaurants, and small service center/convenience stores should be included in the supply of retail ;pace. Community Development & Environmental Services has also argued that the inventory of /acant retail land for retail uses should include those parcels designated for rigional development. Although accepted practices, and a second analysis performed by Fishkind & Associates, Inc. of )rlando, support the petitioners original supply/demand analysis, we have undertaken a more letailed examination of the supply analysis of Community Development & Environmental ;ervices. This report will discuss the findings of the demand analysis by FishkJnd & Associates. md our review of the Community Development & Environmental Services supply inventor?'. SUPPLY & DEMAND ANALYSIS FOR GOODLE'FrE ROAD & PINE RIDGE ROAD MARKET AREA ~ demand analysis for the subject market area, a two mile radius surrounding the Pine Ridge :oad/Goodlette Road Intersection, has been performed by Stan Geberer of Fishkind & ,ssociates, Inc. of Orlando, Florida. A copy of this analysis has been provided in the addenda. 'he purpose of the Fishkind analysis was to determine the total demand for neighborhood and ommunity oriented retail space within the subject market area. Fishkind & Associates defines eighborhood & community retail space as follows: 4306 Arnold Avenue. Naples. Florida 34104-3396 I of 6 941.643.6888 Fax: 941.643.6871 E.mail arcon@naltles.mh.ne! [pg ~229_ "Neighborhood and community shopping ccntcr demand is characterized as tho~ retail needs occurring on a daily or weekly basis. Neighborhood shopping centers typically include store types such as supermarkets, restaurants, pharmacy, and personal services (bcauty parlor, banks and gift shops). In addition to thc neighborhood store types, thcrc is a community center component which also includes small general mcrchandisc stores, small clothing stores and some office space usc." Regional retail space has been defined as: "Shopping centers and stand alone stores serving regional and other needs which occur on a monthly or annual basis. These regional type stores can include what has come to be known as the superstore or "big box" type stores such as Target, Ross, TJ Maxx, Circuit City, Service Merchandise, Bealls, restaurants over 5,000 square feet and others. They can also include stores offering services and other types of infrequently purchased items, and durable goods such as appliances, and home furniture and furnishings." In summary the Fishkind analysis indicates a total demand for neighborhood and community retail shopping space of 874,337 square feet as of 1998. By 2005 this demand is projected to increase to 977,703 square feet. This figure includes all community, and neighborhood uses, including freestanding stores, strip centers, shopping centers, outparcels and kiosk space which meet the above definitions of neighborhood and/or community retail space. Industry standard procedures for estirnating the supply of retail space indicate that whole retail centers be categorized as either neighborhood/community, or regional in nature. This is the procedure recommended by Fishkind and Appraisal Research Corporation: In response to the memorandum from Community Development & Environmental Services we have examined the existing inventory on a tenant by tenant basis so that neighborhood/community tenants in regional centers (Pine Ridge Crossing, Carillon Center, etc.) could be included in the neighborhood/community supply. This methodology is not recommended by either Fishkind or Appraisal Research Corporation. Because the Community Development & Environmental Ser,,'ices included many non-retail and regional uses, their inventory overstated neighborhood/commerciai supply. Therefore we have examined the supply as stated by Communit5' Development & Environmental Services and categorized each tenant as: bowling alley, car wash, gymnasium, industrial, museum, office, parcels outside the market area, residential, showroom, theatre, warehouse, , strip (neiglVcomm and regional), freestanding (neigh/ex)mm and regional), restaurant (neigk/comm and regional), small shopping centers (neigiVcomm and regional), and major shopping centers (neiglgcomm and regional). By excluding all non retail and regional uses we arrived at a supply of all neighborhoocb'com m unity space. Given the above definitions of neighborhood & community retail space Appraisal Research Corporation of Naples has performed an analysis of the Community Development & Environmental Services supply inventory. The purpose of this analysis ,,vas to determine the amount of space in the Community Development & Environmental Services supply inventory. that fits the definitions of neighborhood/community retail space. Our analysis included an examination of each parcel listed in the Community Development & Environmental Sen'ices AGENDA ITEM NO 12A1 Oc("~'ober 1'~ 1998 Pg ~230_ supply inventory, including a physical inspection of each of the parcels. In conducting this analysis we have determined that much of the space in this inventory is not retail in nature, much of the retail space was regional in nature, and some of the space inventoried was located ores[de the subject market, defined as a two mile radius from the Pine Ridge/Goodlette Road intersection. Our analysis first excludes all non retail uses. Non-retail uses totaled 873,167 square feet space. The remaining space was then categorized as either regional retail or neighborhood/community retail in nature. ?,ecause many centers contain a mix of regional and neighborhood/community space, we have performed this analysis on a tenant by tenant basis. For example, Carillon Center contains a mix of regional, and neighborhood/community space. We examined each tenant ir, Carillon Center v, ith respect to the above definitions of neighborhood/community space, and regional space. Tnose tenants that were found fit the neighborhood/community definition were listed as Neigh/Corem, while those that fit the regional definition were listed as regional. We then estimated the size of each tenant, and totaled the neighborhood/community tenants and the regional tenants separately. As an example, the table below illustrates our analysis for Carillon Center. Neighborhood/Community Uses [Winn Dixie I [~ideo Way 'FCBY MJ Salon lSuper Cuts Outparcels Fxkerds 5th 3rd First Union Applebecs Boston Chicken Exxon Estimated Neighborhood/Community space total 189,076 Regional Uses {Dollar 'Free ]Sail)' Beau~' Suppl)' Clothestime ,'oconuts Service Merchandise Ross Circuit City Floral Mart Pier One Office Max [Payless Estimated Regional space total 84.590 IAGENDA iTEM NO 12A1 October ~' 1998 pg __231_ This methodology has been followed for each of the parcels in the Community Development & Environmental Services supply inventory. It should be noted that our review of the Community Development & Environmental Services supply inventor2,.' indicated that several significant relail centers in thc subject market area had not been included, These centers, Park Shore Plaza, Park Square, and Neapo',itan Way, have been added in our analysis. The table below details the types of space found in thc Community Development & Environmental Set". ices supply inventory, and the corresponding totals for each space type. Type Category Non Retail Bowling Alley Car Wash Gymnasium Museum Total 22,010 5,772 21,805 11,136 Industrial 91,120 Office 386,396 Outside Area 121,305 Residential Area 103,869 Showroom/Manufacturing 6,745 Theatre 64,482 Vacant 0 Warehouse ','on Retail Total :reestanding [Neigh./Comm [Regional :reestanding Total ;trip [NeighYComm [Regional ;rap l'otal Neigh/Comm IReg onal ;hopping Center ;hopping Center Total )utparcel [Neigh.'Comm )utparcel Total ;rand Total retail Total :egional Retail 'I oral ~eighborhoo4/Community Retail Total 27,391 873,167 78,899 471,399 550,298 61,141 39.773 100,914 478,898i 846,614t 1,319,512 42.790 42.7901 2,866,68i/ 2.013,514/ 1,351.786! 661.728i )ur analysis indicates that only 661,728 square feet of the current supply is neighborhood or ommunity support in nature. Deducting this from the aforementioned demand for 874.337 :tuare feet of neighborhood/community retail space indicates a shortage of212.609 square feet of eighborhood/community retail space as of 1998. This shortage is projected to increase to 15,975 square feet by the )'ear 2005. IAGENDA ITEM [ NO ~2AI Oc~l:)er ~'51 1998 p~ ___232_ The Fishkind demand analysis indicates dcmnnd for 874,337 square feet of neighborhood/community retail space as of J99g, increasing to 977,?03 by 2005. Our supply analysis, derived from the Community Development &_ Environmental Services supply inventory indicates a curTent supply of 661,728 square feet of neighborhood/ community retail space. Our vacant land supply analysis, derived from the Community Development & Environm-.ntal Services vacant land supply inventory indicates a current supply of 1.79± acres vacant land likely to be developed into 14,324 square feet of neighborhood/community retail space. As of 199g. additional lands could be rc-zoncd for ncighborhoc~d/community retail uscs, in an amount to support 198,285 square feet of neighborhood/community retail space. By 2005 this figure is expected to increase to 301,651 square feet Wc trust the analysis is complctcd in sufficient detail to accomplish its inlcndcd function. Please call if you need further assist~ncc. Respectfully submitted, AGENDA ITEM NO _12A1_~ October 13. 1998 Pg __234_ I~ ~ND m I I ! I I I I I I I I September 23. 1998 Mr Julian Stokes Appraisal Research Corporahon of Naples 4306 Arnold Ave Naples, FL 34104 Dear Julian: We have reviewed your report and the County staff comments for the proposed 125.000 square feet neighborhood oriented shopping center. Having examined demand and supply in the market area, we agree vath your conclusions lhat there ~s demand for the center al this specific location. Typically, based on our years of expenence analyzing the demand for retail shopping centers throughout Florida, the developer will complete the economic and market analysis for th~s type ot' proiect but more impodanUy the major tenant w~ll need to be corn;raced there ~s a markel We have approached our analysis based on whal a supermarket would look for to determ,ne the viability of a location and shopping center they would locate within We have found none that will enter the magnitude of expendilure required to construct. finish, supply, staff and operate a store speculatwely 1184)0 H,gh Tech Avenue, Orlando, Flonda 32817 · (407) 382-3250 · FAX (407} 382.3254 · e-mad sta,qg{~f, shkmd corn AGENDA ITEM NO _I2AI._ October 13. 1998 We have taken a more industry standard approach to determining the demand and offer you direction on analyzing the supply. Based on the character of the existing freestanding retail space and the nature of retail center development today, it is appropriate to examine the demand for neighborhood and community space when examining the market potential at the proposed center site. In recent years the construchon of shopping centers has tended toward hybrid centers and much less clearly defined roles of center types. What we find prevalent today is ne~ghborhood./community centers as one type and community/regional centers as another type, in addition to the traditional type centers. With the advent of power centers, and big box retail, the style and purpose of shopping centers has been changed, forcing in-line community centers to take on more neighborhood characteristics as "big box" community centers move toward a more regional serving market. Enclosed please fl'~d our estimate of household based retad demand in the two mile radius surrounding Goodlette Frank Road and Pine Ridge Road The following is a brief d~scussion of our findings, methodology and accompanying appendix tables which highlight the demand for retail space by store type and center type, generated by local householc~ spending. It is appropriate to net the demand figures from existing supply to determine if a net retail need exists. AGENDA ITEM J NO _12A1__ October 13 1998 pg __236_ Demand Analysis for Retail Center at Goodlette Frank Road and Pine Ridqe Road Fishk~nd & Associates, Inc. has examined the demand for neighborhood and community retail space in a two mile radius surrounding the site. Local area demand is generated by the spendable retail income among the current and future households, within the two mile market area. Household data is provided Information Dec~sion Systems and ARCON of Naples Florida. We are comfortable with the estimates of 15 percent seasonal factor supplied by ARCON since the base IDS data indicates as much as 50 percent of residential structures are non-permanently occupied as of the 1990 census. allowing for an equivalent of 15 percent demand increase. There are 9.516 full time equivalent residential units projected as of 1999 and 10,641 as of year 2005 The IDS based household income is $86.020 Household incomes have been held constant for determination of the year 2005 demand. Spending by the market area residential units generate demand for approximately 874,300 square feet of neighborhood/community type space, including outparcels in 1999 and 977,700 square feet by year 2005 Table 1 summarizes the market area retail demand. IAGENDA ITEM NO 12A: Oc~-0"ober 1-3 1998 pg __237_ Table 1. Retail Demand Analysis at Goodlette Frank Road and Pine Ridge Road Two Mile Radius Market Households 1999 (FTE) Average Household Income Neigh/Community Demand (SF) Market Households 2005 (F'TE) Average Household Income Neigh/Community Demand (SF) 9,516 $86,020 874,337 10,641 $86.020 977,703 Neighborhood and community demand is characterized as those retail needs occurring on a daily or weekly basis. Neighborhood shopping centers typically include store types such as include supermarkets, restaurants, pharmacy, personal services such as beauty parlor, banks and gift shops. In addition to the neighborhood shopping center, Community centers can also include small general merchandise stores, small clothing stores and some office space use, but absent a major anchors these function today as hybrid neighborhood/community serving centers. Excluded from the mix of neighborhood and community centers are shopping centers and stand alone stores serving regional needs which occur on a monthly or annual basis These regional ty;:)e stores can include what has come to be known as the superstore or "big box" type stores such as Target, Ross, TJ Maxx, Circuit City, Service Merchandise, Bealls and restaurants over 5,000 square feet in size. Regional serving centers can also include stores offering other types of infrequently purchased items, and durable goods such as appliances, and home fumiture and furnishings, such as, AAA Auto Club, dance studios, IAGENDA ITEM NO 12A1 October 1~ 1998 pg __238_ market area spending potential for retail store goods. As time goes by, though some inflation may take place, because expenditure percentages are used to apply to current income levels, the model remains valid. In the course of development of Fishkind's retail demand model, tests were made to determine the vatidity and variance of the data when adjusted for age, income and regiona~ differences. ~t was determined that average expenditures do not vary significantly enough across these demographic characteristics to override the sample error caused by using a smaller survey sample. Thus our expenditure data in the model incorporates the national level data, which provides the most robust and consistent measure of household spending. Next, the expenditures by type of goods are ~ntegrated with store and shopping center types to determine where these expenditures . are made. Shopping centers are divided into neighborhood, community, regional and super-regional center types. Within each center type is a listing of store types that are the most frequently found store types of these kinds. Shopping center and store level data are provided by the Urban Land Institute ("ULI") publication, "Dollars and Cents of Shopping Centers: 1995," in which surveys were made of over 40,000 retail shopping centers of all types in the United States. The data covers fiscal year 1993 and so ~s consistent with the time period of the Consumer Expenditure Survey. In addition to the store type by shopping center, the ULI data also provides average sales per square foot for all store types by shopping center. A simple NO 12A1 Oc~'ber 1-~ 1998 Pg ~239_ division of the household expenditures per store type by average sales per square foot results in the amount of supportable square feet, by store type, by shopping center type, for market area households. Of the consumer spending that can take place at stores, the ULI data tells us in which store type and shopping center type these expenditures may be made. The integration between these two data sets results tin a _spending by store type matrix. There are 105 Consumer Expenditure retail spending categories and 50 ULI store types, resulting in a matrix of 5,250 calculations of dollars per spending category by store type. For example, Consumer Expenditure data may say $100 is spent on clothing. The ULI data provides store types where clothing may be purchased, such as women's specialty, fashion stores, leans shops, men's wear, family wear, department stores, discount department stores and junior department stores. Distribution determinations as to how much of the $100 gets spent, and in which type of store, are made based on the definitions of the Consumer Expenditure spending category and the ULI definition of the store type and ~ts typical merchandise type. This determination is coupled with the experience of Fishkind, which includes two decades of experience consulting in retail demand analys~s and consumer behavior. We have reviewed, corrected and revised the matrix calculations over the genesis of the retail demand model. Finally, the expenditure potential per store type is converted to square footage potential (demand) by dividing these dollars spent by the sales per square foot AGENDA ITEM NO __12A1.__ October 13, 1998 data provided by ULI. for each of the store types and shopping center types ~n the ULI publication. This final calculation results in the supportable retail demand, expressed in square footage by store and shopping center type. We do not modify the matrix distributions on a project by project basis so that our model results remain consistent over time, across different types of retail demand analyses and from market to market In this way, we have been able to examine and compare our results across dozens of local area markets in Florida. We have found, over the years, that our model results tend to portray a reasonable and an accurate picture of retail market conditions at any one time, when coupled with accurate existing market supply conditions. Still, we update the matrix periodically in response to new data from ULI and the Consumer Expenditure Survey. One such update was conducted in June 1995 The thousands of calculations in the model have been checked, revised and updated regularly over the past five years. In our opinion, the model ~s current, detailed and sound in ~ts approach and execution. Once calibrated for existing local market area conditions, with households and average household incomes, the model calculates retail demand and expenditure potential, as well as shopping center type and square footage. Future retail demand is projected based on forecast market area households from Claritas. Constant-dollar, non-inflated household income and sales projections are also used. 'IAGENDA iTEM ~NO 12AI I Oc~ber 1--~ 1998 lpg __241 _ This model has been used extensively and successfully in analyses conducted for Melvin Simon Corporation, Edward DeBartolo, Orlando's West Oaks Mall, and in numerous evaluations of business and shopping center impacts due to roadway expansions, eminent domain taking on behalf of the Florida Department of Transportation, Orange County, and private land owner interests. Supply Analysis As you requested we reviewed your analysis and the comments by County Staff. The demand analysis focuses on retail spending potential for neighborhood and community type expenditures, whether at small neighborhood centers, free standing retail, or at community centers. The centers should then be analyzed for the neighborhood and community uses (daily and weekly purchases) and for "other" and "regional" uses (monthly- plus purchases) as previously described. It is common for coastal Florida Counties to have old, small freestanding strip retail along the main coastal arterials such as US 41. Also, it is common to have new state of the art centers with coordinated architecture, signage and landscaping that competes for the neighborhood community expenditures with other similar centers. The staff looked at all commercially zoned lands including the freestanding stores and strip retail along US 41. This overstates supply because uses in these structures include some non-neighborhood, some non-community and even non-retail uses. We would recommend a supply analysis that includes NO 12A1 Oc~'ber ~ 1998 Pg m242_ strip centers and freestanding retail where the actual land use is appropriate and competitive with other neighborhood/community centers and stores. We would recommend ACORN examine each parcel in the County identified supply and include those that are competitive. Parcels that should be excluded are those where the use is non-retail or regional serving in nature. In addition, the County has requested inclusion of neighborhood type in-line store uses located within regional type centers Fishkind & Associates, Inc. typically does not examine the store or tenant mix in any great detail once dehning a shopping center as regional, community, or neighborhood. This Is because of the type of shopper traffic patterns and type of shopping done is defined more by the center type than by indiwdual in-line stores. Still, g~ven the changing nature of shopping cente[s and the increasing hybridization of centers, in some instances this may be appropriate. In our opinion, the community/neighborhood supply you have identified is more inclusive and ~dent~fies as much of the neighborhood/community serving fermi space as is practical and possible. This provides an appropriate basis to make the determination that sufficient net demand exists to accommodate the proposed center. Please feel free to call me with any questions you may have. Sincerely, Stanley P. Geberer IAGENDA ITEM NO 12A1 Oc~'ber ~ 1998 Pg ~243_ Collier Properties 1999 Total Market Area Demand For Regional Retail Square Footage 1. Total Retail Space Demand For Super Regional Shopping Centers Stores, Kiosks, Outparcels 443,897 Total Retail Space Demand For Regional Shopping Centers sq. ft. Stores, Kiosks, Outparcels 204,519 sq. ft. 3. Total Retail Space Demand For Neighborhood/Community Shopping Centers Stores, Kiosks, Outparcels 874,337 sq. ft. 4. TOTAL RETAIL SPACE DEMAND OF MARKET AREA 1,522,754 sq. ft. Collier Properties 2005 Total Market Area Demand For Regional Retail Square Footage 1. Total Retail Space Demand For Super Regional Shopping Centers o Stores, Kiosks, Outparcels 496.376 Total Retail Space Demand For Regional Shopping Centers sq. ft. Stores, Kiosks, Outparcels 228,698 sq. ft. 3. Total Retail Space Demand For Neighborhood/Community Shopping Centers Stores, Kiosks, Outparcels 977,703 sq. ft. 4. TOTAL RETAIL SPACE DEMAND OF MARKET AREA 1,702,777 sq. ft. AGENDA ITEM NO 12A1 Oc~ber 1~, 1998 Pg __244_ EXECUTIVE SUMMARY PETITION NO. R-98-5, DR. NENO J. SPAGNA OF FLORIDA URBAN INSTITUTE, INC., REPRESENTING INTERNATIONAL COLLEGE INC., REQUESTING A REZONE FROM RSF-4 TO CF FOR A COLLEGE FOR 5+/- ACRES OF PROPERTY LOCATED AT 6(10 SEAGATE DRIVE AND WEST BOULEVARD, IN SECTION 16, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner is desirous of making use of an existing church and day care site for thc main campus of International College. A college/university is not permitted as a use within the current RSF-4 zoning district. One way to achieve this is to rezone thc subject property to a district which will allow the intended land use. When a standard zoning district is approved the action results in all ofthe uses of that district being allowed and not simply the targeted usc unless other~vise restricted by the rczoning action. Staff's intention is to craft the rczoning development order to focus on the intended usc by thc petitioner while limiting other permitted uses in thc CF district which may have a negative impact on surrounding development. CONSIDERATIONS: The subject site is located within thc urban mixed use residential land usc designation on thc Future Land U:;c Map of the Growth Management Plan. Thc propcrty is presently zoned RSF-4 for residential use and is developed with a 22,000 square foot structure for a church s:mctuary, fellowship hail, Sunday school classrooms, child day care center and church offices. At thc rear of the site is an existing 3,000 square foot single story structure which functior~s as an administrative office buih:ling. The site is located within thc Urban Mixcd Usc Residential designated area on the Future Land Use Map, just west of thc Activity Center located at thc intersection of U.S. 41 and Pine Ridge Road. A description of the meaning of thc Urban Residential district in the FLUE advises that types of uses shall be related to residential and non-residential uses including parks, recreation and open space, child care center, community and public facilities, institutional facilities, utility and communication facilities, schools and other uses generally serving thc COnlmunity at large. PROS/CONS: Pro~ The subject property and surrounding properlies to the east and west are developed with uses which would be permitted under the requested CF zoning distr/ct. The Land Development Code's dimensional standards for development within the CF zoning distirct arc specifically intended to insure compatibility with adjacent existing'residential development to the south, uo. ~ OCT 1 3 la~._ .,/ 1998 (~ons Abutting the site to the south are existing single family residential structures. Although the majority of thc activity on the subject site will occur close to the Seagate Road frontage, additional stipulations should be placed on the requested rczoning in order to protect thc abutting residential uses from any negative impacts associated with other activities which could occur on the site as a result of this change in rezoning and subsequent usc as a college. FISCAl., IMPACT; This rczoning by and of itself will have no fiscal impact on the County. However, if this rezoning is approved, thc land could be further developed. Ncw development will result in a future fiscal impact on County public facilities. The County collects impact fees prior to thc issuance of building permits to help off-set the impact of each new development on public facilities. These impact fees are used to fund projects in thc Capital Improvement Element needed to maintain adopted levels of service for public ~ facilities. In thc cvcnt that impact fee collections arc inadequate to maintain adopted levels ofscrvicc, thc Cot,nty must provide supplemental fimds from other revenue sources in order to build needed facilities. GROWTIt MANAGEMENT IMPACT: Tile approval of th~s rczoning request will not affect or change the rcquircmcnts of thc Growth Management l'lan. A review of consistency relationships with elements of the GMP is as follows: Future La, nd Usc Element - 'I'l~c subject site is located within the Urban Designated Area, within the Urban P, esidential Mixed Use classification, as identified on the Future Land Use Map. The requested amendment is a change in zoning to allow a College use. The site's current zoning (RSF-4) and the requested zoning (CF) are consistent with tile criterin set forth in tile Future Land Use Element of the Growth Management Plan. Traffic Cirzulation Element - Rezoning thc subject site from RSF-4 to CF will not havc a significant impact ,m traffic within thc neighborhood or on the surrounding roadway network. In fact. tlm usc ofthe site for a college use will significantly reduce thc existing traffic impacts ass(,ciatcd with the existing church use. C, ompatibility - A xczoning of the subject property to a limited CF zoning district is compatible with its surrounding environs because the Seagate Drive frontage, although outside of the jurisdictional boundary of the County, is largely developed with similar public use type of facilities, as well as commercial uses which are concentrated at U.S. 41. The bulk of thc structures on the subject site are located adjacent to Seagate Drive and the parking arca is located towards the rear of the site, closest to the residential development to thc south. The properties abutting the subject site to the east (Sea. Elementary School) and to the west (Church) contain uses which would be permit OCT 1 3 under the CF zoning designation. The present usc of the subject site (Church) would also be permitted under the CF zoning designation. Staff examined thc possibility of imposing an enrollment cap as a condition of approval of thc requested cozening. However, upon flmhcr cxaminati,')n felt that the limited area (5 acres) and location of thc site is somewhat self-restraining in terms of any planned extensive expansion or thc possibility of any large-scale uriivcrsity relocating to the site in thc future. Thc nature of International College, serving a higher percentage of working students, and the limited size of thc site, does not lend itself to the future development of any large-scale university with an expansive student population and significant outdoor activities such as athletics. Thc Land Development Codc's dimensional standards for development within the CF zoning district are specifically intended to insure compatibility with nearby existing and future residential development. I!ISTOI'HC/AI~CIIAEOLOGICAI, IMPACT; Staff's analysis indicates that the petitioner's property is not located within an area of historic/archaeolot;ical probability as designated on thc official Collier County Probability Map. PLANNING COIMblISSION RECOMMENDATION: At thc September 17, 1998 meeting ofthc Collier County Planning Commission, the Commission voted unanimously to recommend a[q~roval of F'ctition R-98-5 to the Board of County Commissioners with the Following stipulations: Classes and general hours of operation of the college shall cease at 10:0() p.m.. Monday through Friday, and Saturday at 6:00 p.m. Classes shall not be held on Sunday. Thc rcquirc,l rear yard landscape buffer shall be installed prior to a ccrlificatc of occupancy to ;ill eight (8) foot depth and shall be eighty (80) percent opaque within one (I) year off installation. Related to tim proposed College usc, rio organized outdoor activities may occur on the southernmost 250 feet of the subject site. unless issued a Collier County Temporary 1.lsc permit, consistent with the provisior~s outlined in Section 2.6.33 of tile Collier County Land l)cvclopmcnt Code. Any future development or redevelopment on site shall be compatible in scale and architectural design with thc surrounding residential ncigl'~borhood. Uses on this site shall be limited to conditional uses and any usc permitted by right in thc ('Ir zoning district except social and fraternal organizations. Usc of the existing structure at the rear of the site shall be limited to administrati~,c offices and faculty offices. No classes shall be held in this OCT 1 3 1998 An appropriate portion of native vegetation shall be retained on site as required in section 3.9.5.5.4. CCLDC. The petitioner shall implement an exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the subject property. This maintenance plan shall be implemented on a yearly basis at a minimum (3.9.6.6.5. CCLDC). This petition was not scheduled on the summary agenda due to the appearance of public speakers who appeared at the Planning Commission speaking in opposition to the requested rezoning. PREPARED BY: /SUSAN MURPHY, AICP '- CHIEF PLANNER DATE REVIEWED BY' RO~,IAL~ F. NINO, AICP - CURRENT PLANNING MANAGER DATE R013~F_~T J. MULI'IERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR /o -/- ¢" J'""' DATE VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE AG ENI~A) T.,~M, OCT 1 3 1998 AGENDA ITEM 7-G MEMORANDUM TO: FROM: DATE: RE: COLLIER COU'NTY PLANNING COMMISSION COMMUNITY DEVELOPMENT AND ENV. SERVICES DIVISION AUGUST 20, 1998 PETITION NO: R-98-5, International College, RSF-4 to CF OWNER/AGENT: Owner: The North Naples United Methodist Church, Inc. 600 Seagate Drive Naples. Florida 34103 ,Agent' Dr. Neno J. Spagna. Florida Urban Institute, Inc. International College, Inc. 2654 East Tamiami Trail Naples. FL 34112 REQUESTED ACTION: This petition seeks to rezone the subject property from "RSF-4" Residential Single Family, four (4) dwelling units per acre to "CF" Commumty Facilities, in order to relocate the main campus of International College to this site. GEOGRAPHIC LOCATION; The subject site is located on the south side of Seagate Drive, approximately 'A mile west ofits intersection with U.S. 41, be~'een Seagate Elementary School and the Naples United Church of Christ. The site currently functions as the North Naples United Methodist Church sile, located in Section 16, Township 49 South, Range 25 East. PURPOSE/DESCRIPTION OF PROJECT: The petitioner is desirous of making use ofan existing church and day care site for the main campus of International College. A college/university is not permitted as a use within the current RSF-4 zoning district. One way to achieve this is to rezone the subject property to a district which will allow the intended land use. However, when a standard zoning district is approved the action results in all of the uses of that district being allowed and not simply the targeted use unless otherwise restricted by the rezoniqg *SE~.D~,,.;.f.~ . action. It is the intention ofstaffto craft the rezoning development order to focu n OCT 1 3 1998 1 f I! j I intended usc bv the petitioner while limiting other permitted uses in the CF district which max' have a negat~.`'c impact on surrounding development. SUR, ROUNDIN(; LAND USE AND ZONING: Existing: The subject site is currently developed with a 22,000 square foot main structure which houses areas for a church sanctuary, fellowship hall, Sunday school classrooms, child day care center and church offices. At the rear of the site there is an existing single story, 3,000 square foot structure which currently functions as an administrative office building. There are two (2) existing temporary trailers adjacent to these offices which are planned to be removed. The existing parking lot has126 paved parking spaces and approximately 150 spaces for grass parking. The property is currently zoned RSF-4. Surrounding. North: Thc property to the north, across Seagate drive is zoned for the Pelican Bav PUD and is developed with tennis club facilities. muhi-family condominiums and St. William's Church. Further to the ',,,'est, on the north side of Seagate Drive. sits the Registry. Hotel. South: East: West: The property to the south is located in the City of Naples. It is currently developed with single family residential structures. The property to the east is located within the City of Naples. It is currently developed .`vith Seagate Elementary, School. The property to the ',,,'est is located within the City of Naples. It is currently developed with Naples United Church of Christ. GROWTH MANAGEMENT PLAN CONSISTENCY: The site is located .`.`'/thin the Urban Mixed Use Residential designated area on the Future Land Use Map, just west ofthe Activity Center located at the intersection of U.S. 41 and Pine Ridge Road. A description of the meaning of the Urban Residential district in the FLUE advises that types of uses shall be related to residential and non-residential uses including parks, recreation and open space, child care center, community and public facilities, institutional facilities, utility and communication facilities, schools and other uses generally ser~'ing the community at large. Regarding other applicable elements of the GMP, staffis of the opinion that a rezoning action from RSF-4 to CF .`vould not change anv level of service relationship in a negative manner. OCT i 3 1998 HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historic/archaeological probability as designated on the official Collier County Probability Map. Pursuant to Section 2.2.25.8.1. of the Land Development Code, ifduring 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. EVALUATION FOR ENVIRONMENTAL. TRANSPORTATION AND hN'FRASTRUCTURE~ The subject petition has been reviewed by the appropriate staffresponsible for oversight related to the above referenced areas ofcritical concern. This primarily includes a review bv the Community Development environmental and engineering staff, and the Transportation Sc~'ices Division staff. This petition was administrativelv reviewed on behalf of the EAB and staff recommended approval with conditions as presented in the attached ordinance for adoption. Appropr/ate evaluation of petitions for rezoning should establish a factual basis for supportive action bv appointed and elected decision makers. The evaluation by professional staff should typically include an analysis of the petitioner's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County Grow'th Management Plan in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usuallv dealt with as a facet of analyzing the relationship of the rezoning action to thc long range plan for future land uses. The most important facet of the rezoning is that it constitutes a legislative staterrrent that authorized the use of land for a specific development strategy, provided the development of the land can go fom'ard. It may or may not affect the timing ofdevelopment because of subsequent permitting requirements. Staff completed a comprehensive evaluation of this land use petition and the crite which a favorable determination must be based. This evaluation is intended to pr OCT i 3 1998 objective, comprehensive overview of the impacts of the proposed land use change, be the.,,' positive or negative, culminating in a staff recommendation based on that comprehensive o'~ erview. The listed criteria are specifically noted in Section 2.7.3.2.5. of the Land Development Code thus requiting staff evaluation and comment, and form the basis for a recommendation of approval or denial by the Planning Commission once approved and/or otherwise modified by thc Board of County Commissioners. Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advise as follows: Relationship to Future and Existing Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier Count,,' Grov. ah Management Plan. Current provisions of the Land Development Code provide for a zoning district(s) within the Urban Mixed Use land use designation as identified on the Future Land Use Map, which permit uses character/zed as non-residential such as public facilities and institutional uses v~'hich are intended to serve the community at large. In the opinion of staff, an action to rezone the property to CF ,with uses that meet the unspecified criteria for serving the community at large is consistent with the FLUE. It is not sufficient that a petition only need to show consistency with the GMP in order to justin' a rczoning action. Other factors are equally' important and include the following: Compatibilily - Staff is of the opinion that a rezoning of the subject property to a limited CF zoning district is compatible with its surrounding environs because the Seagate Drive frontage, although outside of the jurisdictional boundary of the County, is largely ' developed with similar public use type of facilities, as well as commercial uses which arc concentrated at U.S. 41. Furthermore, the bulk of the structures on the subject site are located adjacent to Seagate Drive and the parking area is located towards the rear of the site, closest to the residential development to the south. The properties abutting the subject site to the east (Seagate Elementary School) and to the west (Church) contain uses which would be permitted under the CF zoning designation. The present use of the subject site (Church! would also be permitted under the CF zoning designation. Other uses permitted within in the CF zoning district are relatively benign, and with the exception of schools and child care centers, more than likely generate less activity on site than the existing Church use, and the proposed use for International College. Staff examined the possibility of imposing an enrollment cap as a condition of approv~.l of the requested rezoning, ttowever, upon further examination felt that the limited area (5 acres) and location of the site is somewhat self-restraining in terms of any planned extensive expansion or the possibility of any large-scale university relocating to the site in the future. The nature of International College, serving a higher percentage of working students, and the lin'hied size of the site, does not lend itself to the future develo ment.,oI~ / any large-scale university with an expansive student population and significant utdoor OCT i 3 1998 4 activities such as athletics. The Land Development Code's dimensional standards for development within the CF zoning district are specifically intended to insure compatibility' x,.'i~h nearby existing and future residential development. Furthermore. the concern that the site mav be redevelopcd to produce the optimum capacity for educational purposes can be equally off-set in terms of impact on the residential neighborhood as ma,,' be the case with expansion of the currently authorized church and day care uses. The fact remains that the current religious denomination may convey the property to another religious denomination which may have as its operational mode a more evangelical thrust requiring an enlarged sanctuary and a greater emphasis on special event evangelical meetings with evening meetings throughout the week. Timing - There are no issues oftiming inasmuch as the land is developed as well as all of the surrounding environment which is serviced with art optimum level of community infrastructure. Traffic - The ITE Trip Generation manual indicates that the existing church generates approximately 768 trips on a Sunday. The existing day care facility is not open on Sundays. Conversely. the day care generates 790 weekday trips while the church generates 143 weekday trips. This results in a total of 933 trips per weekday for the two USES. The proposed college will generate 328 tips per weekday and no trips on a Sunday'. As a result, it is anticipated that the proposed rezone petition will reduce the site generated trips by 605 trips on a weekday. The most notable differences in traffic impacts ,,,,'ill likely be those resulting from the reduction of weekend trips normally associated with Church operations. Because the University' offers limited Saturday classes and no Sunday classes, the net reduction in trips generated on weekends will be significant. Based on this data. the site generated traffic will not exceed the significance test standard (5 percent of the [.OS "C" design volume) on Seagate Drive or on US-41. In addition. this project will not lower the level of service below any adopted LOS "D" standard on any County, road within the project's radius of development influence (RDI). The Traffic Circulation Element (TCE) lists this segment of Seagate Drive as a 4-lane road. The current traffic count for this road is 13,841 ADT which results in LOS operation. It should be noted that this road segment is not projected to be deficient within the next fi`,'e ','ears. Therefore. the project is consistent with Policies 1.3, 5.1 and'5.2 of the TCE. OCT i 3 1998 STAFF RECOMMENDATIO~N; That the CCPC recommend conditional approval of Petition R-98-5 having the effect of rezoning certain lands from "RSF-4", residential single family to "CF" Community Facilities as redefined and conditioned in the recommended Ordinance for Adoption and summarized below as follows: o ° Uses on this site shall be limited to conditional uses and any use permitted by fight in the CF zoning district except social and fraternal organizations. Related to the proposed college use, no outdoor activities, student housing or recreational facilities shall be developed or occur on site. Related to the proposed college use, classes, student activities and general hours ofoperation shall cease at 10:00 p.m., seven (7) days a week. Classes shall not be held on Sundays. Use of the existing structure at the rear of the site shall be limited to administrative offices and faculty offices. No classes shall be held in this building. Prior to the issuance of any certificate of occupancy, the site shall be brought up to current Landscape Code requirements. An appropriate portion of native vegetation shall be retained on site as required in section 3.9.5.5.4. CCLDC. The petitioner shall implement an exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the subject property. This maintenance plan shall be implemented on a yearly basis at a minimum (3.9.6.6.5. CCLDC). 0C7 1 3 1998 PREPARED BY: .,'SUSAN MURRAY, AICP ROklALD F. NIN(bY'~-ICP CURRENT PLANNING MANAGER dOBE4~T J. MULHERE, AICP PLA__N~',bXG SERVICES DEPAJ~MENT DIRECTOR VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE DATE DATE" Petition Number: R-98-5 Staff Report for September 17, 1998 CCPC Meeting NOTE: This Petition has been tentatively scheduled for the October 13, 1998 BCC Meeting. COLLIER COUN'FY PLA~OMMISSION: MICHAEL A. DAX,5~cHA~pERSON OCT i 3 t998 REZONE FINDINGS FOR PETITION R-98-5 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 thc following where applicable: Whether the proposed change will be consistent with the goals, objectives. and policies and Future Land Use blap and the elements of the Growth Management Plan. Evaluation not applicable. SummeD' Findings: The proposed development is in compliance with the Future Land Use Element of the Growth Management Plan for Collier County and all other el¢'mcnts, their objectives and policies. 2. The existing land use pattern. Pro/Con: Evaluation not applicable. Existing: The subject site is currently developed with a 22,000 square foot structure which houses areas for a church sanctuao', fellowship hall, Sunday school classrooms, child day care center and church offices. Towards the rear of the site there is an 3.000 square foot structure which currently functions as an administrative office building. The two (2) existing temporary, trailers adjacent to these offices are planned to be removed. The existing parking lot has126 paved parking spaces and approximately 150 spaces for grass parking. The property is currently zoned RSF-4. Surrounding: North: The property to the north, across Seagate drive is zoned for the Pelican Bay PUD and is developed with tennis club facilities. multi-family condominiums and St. William's Church. Further to the west, on the north side of Seagate Drive, sits the Registry, Hotel. South: The property to the south is located in the City of Naples. It is currently developed with single family residential structures. East: The property to the east is located within the City of Naples. It is currently developed with Seagate Elementary School. West: Naples. It is currently developed with Naples United Chute Christ. The property to the west is located within the City of 0tv i 3 1998 Summary Findings: The proposed rezoning and subsequent use of the property ~'or International College is compatible with the surrounding church and public school uses and is within the general intent and purpose of the CF zoning district. The possible creation of an isolated district unrelated to adjacent and nearby districts: Pro/Con: Evaluation not applicable. Summary Findings; The parcel is of sufficient size that it will not result in an isolated generic zoning district unrelated to adjacent and nearby districts. Adjaccm properties to thc north, cast and west are developed with uses permitted in the CF zoning district. Whether existing district boundaries are illogically drawn in relation to existing conditions on the propert3.' proposed for change. Pro/Con: Evaluation not applicable. Summao' Findings: The district boundaries are logically drawn and they are consistent with the GMP. The rezoning action does not change the fact that development is for community facility purposes related to nearby residential land uses which is consistent with the urban residential land use designation. Whether changed or changing conditions make the passage of the proposed amendment necessar).'. Pro/Con: Evaluation not applicable. SummaD' Findings: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element) of the GMP remains consistent. Whether the proposed change will adversely influence living conditions in the neighborhood: Pro: (i) A rezoning action that is consistent with a community's comprehensive master plan is a statement that acknowledges the action as contributing to the basic goals and objectives of master planning which is the promotion of the overall public health, welfare and safety, and is therefore also pan of the equation which promotes the best principles of neighborhood composition. The al proposed change will have the affect of permitting a differe institutional land use on the property. Presently, other than 9 0121'I 3 1998 typically scheduled church services, many church activities occur on an irregular schedule and often on weekends. Different from the existing church, the college will have time-specific weekly course schedules, with little to no activity occurring on weekends. Co n5 Some people may find any form of non-residential land use in this area as offensive and adversely influencing their perception of neighborhood conditions. SummaD.' Findings. The proposed change will not adversely influence living conditions in the neighborhood because the change is consistent with the goals and object~ves of the master plan and because recommended development standards and other conditions 1hr approval that come into play at subsequent approval phases are designed to ensure the ]east amount of adverse impact on adjacent and nearby developments, The time-certain activities which will occur with thc college use '.,,'ill concentrate activity levels on the site during specific time periods and will reduce the activity le.,.~el on weekends when residents close to the site are more apt to be home and experience any impacts associated with such a use. Whether the proposed change will create or excessiveh' increase traffic congestion or create types of traffic incompatible with'surrounding land uses. because of peak volumes or projected t?'pes of vehicular traffic, including activitv during construction phases of the development, or otherwise affect public safety. Pro; (i) (ii) None. Development of the subject property is consistent with the provisions of the Traffic Circulation Element of the GMP. therefore traffic intensity should not adverselv affect thc comfort and safety of existing users on adjacent publi~: roads. The rezoning and use for International College's main campus has been shown to significantly reduce traffic impacts from the levels as which they currently exist. SummaD' Findingsl Evaluation of this project took into account the requirement for consistency with Policy 5.1 ofthe Traffic Element of the GMP and was found consistent, a statement advising that this project when developed ,,,,'ill not excessively increase traffic congestion. 8. Whether the proposed change vvill create a drainage problem: Pro-/Con: Evaluation not applicable. 10 ,5_l~mmaD' Findings: Every project approved in Collier County in`,'ol`,'ing the utilization of land for some land use activity is scrutinized and required to mitigate all surface drainage generated by developmental activities as a condition of appro`,'al. This project was reviewed for drainage relationships upon original development. Any redevelopment of the site will require design and construction plans which shall meet County standards as a condition of approval. In the event area wide deficiencies develop, which deficiencies would be further exacerbated by developing vacant land. the County is required to react through its Concurrency Management System. Whether the proposed change '.','ill seriously reduce light and air to adjacent areas: Pro/Con: Evaluation not applicable. Summary Findings: All projects in Collier Count.,,' are subject to thc development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corr/dor ma~nagement pro`,'isions, etc.) and were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. The criteria governing development in the CF zoning district were designed to take into account the proximity of nearby residential land uses. 10. 11. Whether the proposed change ',','ill adversely affect properv,.' values in the adjacent area: Pro/Con: Evaluation not applicable. SummaD' Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itselfmay or ma,,, not affect values, since value determination by law is driven by market value. The mere fact that a property is given a ne,,,,, zoning designation may or may not affect value. Whether the proposed change ',','ill be a deterrent to the improvement or development of adjacent properV:' in accordance with existing regulations; Pro/Con: Evaluation not applicable. 11 12. ~lJmmary Findin~sl The basic premise underlying all of the development standards in thc zonint~ division of the Land Development Code is that their sound application~vhen combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement or de. velopment of adjacent property. Surrounding properties arc developed and appear to be in a well-maintained condition. Conversion of the property from one community facility use to another should not serve as a deterrent to continued maintenance of surrounding properties given the existing land plan, buffers and requirements for adherence to thc de'~'elopment regulations of the CF zoning district. Whether the proposed change v,'ill constitute a grant ofspecial privilege to an individual owner as contrasting with the public welfare; Pro/Con; Evaluation not applicable. Sununar3' Findin?~ The proposed development complies with the Growth Management Plan, a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfitre relationship because actions consistent with plans are in the public interest. 13. 14. Whether there are substantial reasons why the proper't>.' cannot be used in accordance with existing zoning; Pro/Con3_ Evaluation not applicable. Summar). Finding3_ The subject property can be developed in accordance with the existing zoning, however to do so would denv this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the Future Land Use Element of the Comprehensive Plan. Whether the change requested is out ofscale with the needs of the neighborhood or the Count).'; Pro/Con;_ Evaluation not applicable. 12 OCT i 3 998 SummeD' Findings: The proposed development complies with the Growth Management Plan. a policy statement which has evaluated thc scale, density and intensity of land uses deemed to be acceptable for this site. 15. 16. 17. Whether it is impossible to find other adequate sites in the Count).' for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. Summao' Findings: There Count>' has limited number of sites which are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. Thc determinants of zoning are consistency with all elements of the GMP. compatibility, adequacy of infrastructure and to some extent the timing of thc action and all of the above criteria. The physical characteristics of the property and the degree of site alteration v,'hich would be required to make the properl).' usable for an,,' of the range of potential uses under the proposed zoning classification. Pro/Con: Evaluation not applicable. Summar,,' Findings: The site is currently developed. The proposed College will generally use the site as it is currently developed. The impact of development on the availabilit)' of adequate public facilities and services consistent with the levels of ser~'ice adopted in the Collier Count).' Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable. SummeD' Findings: Public facilities are available, and their Level of Ser,,'ice is commensurate with Adequate Public Facilities standards. 13 1. Name of Applicant(s): ~' 05 ' R 9,.,- Pctition No. Date APPLICATION FOR PUBLIC HEARINQ FOR _~ZONE AND CONDITIONAL USE REQI~STS REnE',VED;., JUL 14 1998 PLANNI~e ~V'ICE~ COMMUNITY DEVELOPMENT DMSION PLANNING DEPARTMENT International College. Inc. (A Non-m'ofit Florida Co _rporation). CD O( ) (b) CD (c) ( ) (d) ( ) (e) Applicant's Ma/ling Address: 2654 Tamiami Trail E. City: Naples State: Florida Applicant's Telephone Number: Res. Is the applicant the owner of subject property.. X Yes __ (a) Zip: 34112 Bus.: 7744700 No If applicant is a Land Trust, so indicate and name the beneficiaries below. ff applicant is corporation other tkan a public corporation, so indicate and name officers and major stockholders below. If applicant is a partnership, limited partnership or other business entity, 8o indicate and name principals below. If applicant is an owner, indicate exactly as recorded, and-list all other owners, if any. If applicant is a lessee, attach copy of lease, and indicate actma own~s) ffnot indicated c~ the lea~e. (-X) (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. The North Naples United Methodist Church, Inc. 600 Seagate Drive Naples, Florida 34103 Name of agent Dr. Neno J. Sp _agna Firm .... Florida Urban Institute, IBc. Detailed legal description of the property covered by the application (if space is inadex uate, attach on separate page. If request involves change to more than one zoning district, include se 1 description for property involved in each district. If property is odd-shaped, submit four (4) copies of su~'ey (1" to 400' scale. The applicant is responsible for supplying the correct legal description, if questions arise concerning the legal description, an engineer's certificate shall be required. Section 16 Township 49 South Range 25 East The South 660 feet of the North 690 feet of the West 330 feet of the East 990 feet of the NW 1/4 of .,'NE 1~4 of Secfion 16, Township 49 South, Range 25 East, Collier County, Florida OR 281 Page 493 Size of property .. 660 1% X .. 330 Ft. ~5 rn.q Acres 5. Address or locat/on of subject property 600 Se_agate Drive, Naples, Florida 34103 6. E:dsting land elevation . !4' NGVD County Flood Criteria Elevation X 7. a.. Date subject property acquired ( ) or ( ) leased: day of month , 19 Term of lease Yrs./mos. If, petitioner has option to buy, indicate date of option: April 30, 1998 and date option terminates (Closing date A _ugust 5. 199,9). 8. Does propert3.' owner own contiguous property to the subject property? _No If so, give complete legal description of entire contiguous properly. (If space is inadequate, attach on separate page). 9. ]'his application is intended to comer: (Check which .type of petition you are requesting): ( X ) A Rezoning: Present zoning RSF-4 Requested zoning ¢F For maintenance and operation of a college and college related activities. (__) B Conditional Use Zoning ~ For (__) C. SubdMsion Master Plan Approval (Required of all PUD'S 10. Reason why application should be approved (attach additional-sheets ff necessar),.'). The subject premises are pres¢lath.' utilized for church and day care use and are readily adaptable to a college use which is similar to the present use and will be similarly compatible with the uses of the surrounding ne/ghborhood. For complete explanation, see Exhibit 5, "Reasons". 11. Is proposed use prokibited by deed restrictions? Yes X No If),'es, please explain OCT 1 3 1998 12. Lq this request a result of a violation? NO If so, to whom was the notice served? 13. Has a public hearing been held on this property within the last year?. No . If so, in whose 14. Are there existing structures on the property?. Yes . CBS. ,X , Frame ..... , Mobil Home , Other Type: ~AVIT I~ Terry P. McMahan, Presidenbeing duly sworn, depose and say that the owner of the prope~y described herein and which is the subject matter of the proposed hearing, that all the answers to the questions in th/s application, and all sketches, data, and other supplementary matter attached to and made part of this application, are honest and tree to the best of my knowledge and belief. I understand this application must be complete and accurate before a hearing can be advm'tised. I further permit the undersigned to act as my agent in any matter regarding this petition. NOTARy FOR THE PROPERTY O'~¥3'ER COUNTY OF COLI_ZER STATE OF FLORIDA 'the rore o Rezone Peaaon was acknowledgexi before me this/~day Ol~u~d' 19 .~__~' by ~ t~. ~ ~/7?~z,(~t~ who is~rsonaliy known to me or ~,ho has pr "/ ~s ident~mation and who did (did not) take an o~th..-- (Prim name of No.fy Public) NOTARY PUBLIC Sefial/Comrn/ssion # Q~ $ '7 Il ~ ~ JEN'IVY DAY PIERCE Ex~ J~. 21,2<X)O (NOTARY SEAL) 3 OCT i 3 1998 Signature of ~{gcnt ! ~ (NOTARY FOR TI-EE AGENT) STATE OF FLORIDA COUNTY OF COLLIER The f?r~.,~oing. Rezone Petit/on w ' --'4~ ,, by '7,J~t~P '~ - .z_ _ as.a¢.knowledgcd before mc this 1,.,% day of /"~/.' ~~~--. who Is.p_ersonally known !o mc or who has prod~¢~/d ~ identLqca6on and who did (did noO lake an oath.. - (Print name of NoraD.. Public) NOT~Y PUBLIC SefiaFCo~sion y ~ My co--sion expires (NOTARY SEAL) 4 1998 38/06/98 RI[! 13:25 FAX 9417744593 I.N.C. NAPLES [~o02 International College, BOARD OF TRUSTEES ( Thairman I'ice-Chatrman ,S'ecretary l~-O]ficio Trustee Emer~w.s INTERNATIONAJo COLLEGE A Florida Non-Profi{, Tax Exempt Organization, A Postsecondary Educalional Institution John Agnelli, President. Intelhnet C.J. tlueston, President. lntemahonal Automated Energy Systems, Inc. Donald C. Jones, President, International College Foundation Terry P. McMahan, President. International College Lorenzo Walker, Former State Representative, Dean of the Florida }-louse Thomas C. Cronin, Chatrman, F~rst National Bank of Fort Myers l)ougla.s F. Devaux, Chairman. Intematmnal College Foundation .!.R. Humphrey, President, international Packaging Machines. Inc. Arthur Keiser, President. Keiser College Dawn Litchfield, President, I.itchfield and Nelson Michael Priolerti, Vice PresIdent, Robert Baird & Co. Michael Vo]pe, Attorney, Tres:er, Koez. a & Volpe. Chtd. UTH.,rFY PROVISIONS FOR REZONES & CONDITIONAL USES Name: Intcmaf. onal College. Inc, (A Non-profit Hofida Co _rporation~. Address' 2654 East Tamiami Trail Naples, Florida 34112 Phone: 774-4700 Legal Description: The N690' oft. he W330' ofthe NW 1/4 of the NE 1/4 of Section 16. Township 49, Range 25, Collier Coun _ry. Florida: aka parcel #8. Block 008, Se¢tion 16-49-25. fiD #264280061. more commonly know~ as North N~aple, Methodist Church, 600 Seaga_ te Drive. Naples. Florida. Type of sewage disposal to be provided: A. Count3,' system: B. Ci.ty system: C. Franchised system D. Package treatment plant X Capacity (GPD) Type of water sen'icc to be provided: A. County System: B. City system: C. Franchised system D. Private system: X Total population to be served 125 students Peak and average demands: A. WATER-PEAK 94 ~ 1AVERAGE DAILY 1875 evd2 B. SEWER-PEAK 80 __gpd 3 AVERAGE DAILY 1594 gpd 4 Based on 5% of average daily use ofwater Based on County LOS given on Page PW-74 [schooLs (a)] of Collier County Growth Management Plan. Public Facilities Element. :5% of average daily (1594 gpd) Based on same usage as water suggested on Page PW-74 [schooLs (a)] of Collier County Growth Management Plan, PubLic Facilities Element. ~c,~.f 5 OCT 1 3 1998 10. 11. If proposing to connect to Regional Water System along SR-951, date service will be r required not pro_tx>sing to connect to Re_~onal Water System along SR-951. Bric£ concise narrative and schematic drawing of the sewage treatment process to be used as well as a specific statement regarding the method ofeffiuent and sludge disposal. If percolation ponds are to be used, then percolation data of soils involved shall be provided from tests prepared bv a professional engineer. The petitioner a~ces to the following conditions as applicable to this project: Ao Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. Bo All customers connecting to thc water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accor~cc w/th the County's established rates. Should thc County not be in a position to provide water anWor sewer service to the project, the water and/or sewer service to the project, the water and/or sewer customers shall be customers of thc interim uti.liD' established to serve the project until the County's off-site water and/or sewer facilities arc available to serve thc ~ project. It is anticipated that the Coun .ty Utilities Division will ultimateh,.' supply potable water to meet the consumptive demand and/or receive and treat the sewage generated by this project. Should the County System not be in a position to supply potable water to the project and/or receive the projects wastewater at the time development commences, the developer, at his expense, will install and operate interim water supply and on-site treatment facilities ancFor interim adequate to meet all requirements of the appropriate regulatory, agencies. An agreement shall be entered into between the County and the developer, binding on the developer, his assigns or successors regarding an interim treatment facilities to be utilizod. Tho atgroornont rnu.~t bo logally ~uftioiont to th, County, prior to tho approval of construction documents for the project, and be in conformance with the requirements of Collier County Ordinance 88-76, as amended. D. Verification of sewage treatment capacity, pursuant to Ordinance No. 80-112 to service this project, must accompany the final site plan. Prior to final site plan approval, Department of Environmental Regulation copies of an,,' construction pemfits must be submitted to the Development Services Department for thc interim anWor permanent water and sewer facilities. F. This project shall be designed for central water and sewer s3'sterns. 6 For office use only Approved __ Comments: Denied ~¢C~0~ .lFM]sh 8t21/84 7 1998 THE 1.64532 -," THE METHODIST CHURCH D~F MISSIONS AND CHURCH 1968 . rhurrn S~RA~_OTA DISTRICT, INC et lbo County ok Sarasol'a' . State of FJorlcla . grantor'. NORTH NAPLES UNITED METHODIST CHURCH, INC., a nonprofit FJorlda cee'per'allen ~,hose po,t o~c¢ address Is P. O. Box 165, Naples el ~h, County of Collier . State oF F Iotlda . ~thtrs~tl}l. That s,ld I',,',,n~o~. ~o, Jnd ?,~ c'onHderatlo, o~r the lure eT Ten end No/100 ($10.00) .......... .................................................................................. Dc!Jars · -d other 8o~d end v~iuablc eonslde.ratio~ to said ~'&ntor In band ~ald by said l',~elee, the rec, cipl whereof is heresy · cknowledjed bas jrenled ber~nlned and sold to the s~ld.~.rtnlee. &od ~'tantec's hedra end esst&ns fore--,'tr. owlnl: described land. sl~le, lying and beLn~ In Collier Co~nty. F'lorlda. The South 660 feet of the North 690 feet of tho West 330 feet of the East 990 fee! of the INTW' 1/4 of' NIF ~/4 of Section 16, Town- ship 49 South, Range 25 East~ Collier Cc~nty, Florldc. ,nd ,aid ~ranlor docs hereby fully w~'rant the title to said ]&nd. end eT ~{{ par~o~s ~homso~ver. ' 'Gr~ntor' and 'g~antec' ~re usea for linguJ~r or plu~,{, as ~ntext requirc~ S'~,,~. seil~ and dellwr~'d In our preens: THE METHODIST CHURCH DISTRICT BOARD OF Afresh . ,ppc~red C. Row~pnd ~h~non - and William E. Robinson,' . , a, 5.,id;~t and S:Creta~, who ~arron~ed ~eir a~tR~i~ a~%ke authenHci~ eo ,ne kno~,, ~o b~ the persons de,crlbcd In and who e,e~ted the ~ote~oin~ ,ne ~h~t they e~eculed the ,amc.. lg 68 · , ~ ~ . My tOmmilllon espires: ',- .- ixhibit 1 .i. xp-~-----¢ I .... +------~ . A'"Y L~~4, ]!''''~' ''~ '"" I i~~ Ilt--4 ; -F,+--I---` ~ .... : '~ " ~ 't t / , I I I : * ' I 1 .....~./ l __L-L_J.__J J__ _L ........... '- .......... I~________--------~--~ -- ~..~¢'""""""~ I F--F--': ;--T--Tm F---T .... :---r"',--l'------F'-- ~' "~'~"'*~ ~.'¢""'"'("'"'"~ \~_,, ",\ , ~ .... ,, .__?.~_ ,/-~ l.. I--- , ' ..... ~ I I " -- --~ ~, ' : ' " --i ~ ' ~' 'L_::; ~= ~ ~ ~ ~1~1 I ~ I PROJECT:INTL COLLEGE SEAGATE CAMPUS TITLE'LOCATION MAP ; ~ ,~ t, 1; % i ~, v y,, .,,, .,r., ,;37~4 f):;:, OCT ~ 3 1998 "Re~L~ons' 10. Reasons why application should be approved;. The subject prop~n't'y is presently improved and utilized for a church and related facilities and is readily adaptable for use by International College ,for use as its Collier County campus. The proposed institutional use is comparable to the existing use of the property and is similarb' compatible with the surrounding institutional, commercial and residential land uses. The Land Development Code contains provisions in Section 2.7.2.5, requiring that the Planning Commission submit to the Board of County Commissionen a report which specifies eighteen (18) points that must be evaluated in considering a rezoning of property.. Below is a response to each of thc 18 points for consideration which demonstrate the appr~teness of the site for use as the International College's Collier Court .ty Campus. 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. The subject property is designated Urban Mixed Use on the Future Land Use Map. The Plan specifies that Urban designated lands are designed to accommodate residential and non-residential uses including community facilities such as churches, group housing, cemeteries, and schools. The requested rezoning from RSF-4 to C.F Lq consistent with Policy 5.5 of the FLUE in that this rezoning furthers the use of existing zoned land for urban intensity land uses before permitting development of other area_~. 2. Thc existing land use pattern. The existing land use pattern is best reflected by re~lewing the attached surrounding development map, Exhibit B, which demonstrates that the proposed use of the site for the International College is compatible and consistent with the existing pattern of development in the area. The properties adjacent to Seagate Drive between US 41 and Crayton Road are developed with a mix of Commercial and Institutional land uses. Immediately adjacent land uses are the Seagate Elementary School and the Naples United Church of ChrisL Property immediately to the south is developed with single-family homes within the Park Shore subdivision. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. A zoning change to the CF (llstrlct would represent tl~e only CF zoning In the immediate area. However, the other institutional land uses adjacent to this i OCT 3 1998 Ex .t fl 5 property within close proximity are comparable to the proposed land uses and are permitted land uses in the CF districL All other properties in the east, west and south are located in the City of Naples and the existing 5 acres of RSF-4 zoning represent the only propert)' within Collier County on the south side of Seagate Drive between US 41 and Crayton Road. Therefor, the existing and any other proposed zoning would represent an isolated district. The important factor to consider is that the proposed CF district, and the intended International College campus is compatible and consistent with existing land used patterns, and it is consistent with the Growth Management Plan. Whether existing district boundaries are illogically drawn in relation to cxisth'tg conditions on the property proposed for change. The existing district boundaries are illogically drawn in relation to existing conditions in that the existing RSF-4 zoning district permits residential land uses at densities inconsistent with the FLUE, and such residential development potential does not represent a reasonable land use on the site due to the limited size and adjacency to non-residential land uses. the proposed CF district, and intended International College Campus, represents a more consistent and compatible land use for the property. Whether changed or changing conditions make the passage of the proposed amendment necessar)'. The existing North Naples LInited Methodist Church has seen dramatic congregational growth over the past several years and has purchased and designed a new facility to meet their long-term needs. Colleges are currently permitted land uses in the CF zoning district and the proposed rezoning is necessitated in order to permit International College to utilize the site as its Collier Count)' Campus. Whether the proposed change wil. l adverseN influence living conditions in the neighborhood. The proposed change in zoning to permit a different institutional land use on the proper~y will not adversely affect living conditions for the neighboring properties. The private International College has time-certain weekly course schedules, compared to irregular church-related activities throughout the week. As later discussed in the traffic impact statement, vehicular trips to the site on a daily and weekly basis are sharply reduced, thereby having a positive effect on nearby properties. The International College does not intend to develop any outdoor activities, student housing or recreational facilities on the site. 0C7 1 3 ]998 o \Vhcthcr thc proposed change will create or excessive .ly increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of Ix:ak volumes or projected t)~es of vehicular traffic, including activity during construction phases of the development, or othcnvLse att'ect public safety. The issue of traffic has been ertensively studied with reference to the intended Intentional College Campus land use compared to the existing church facility. The attached traffic impact analysis and accompanying report indicate that the proposed rezoning will represent reduced vehicular trips to the site and that the propped change in uses will have no level of service impacts to Seagate Drive. Whether thc proposed change will create a drainage problem. The subject property is developed and contains on-site water management facilities which adequately serve the site and its improvement. \Vhether the proposed change will seriousl).' reduce light and ak to adjacent areas. The site is developed with approximately 22,000 square feet of building area. plus associated parking. Any future development will occur consistent with the provisions of the CF zoning district... 10. \Vhether thc proposed change will adversely affect property values in the adjacent area. 11. 12. No diminution of property value to nearby properties is anticipated by the action of changing the underlying zoning to permit community facilities. The site is currently developed with another permitted use (church) of the CF zoning district. Whether the proposed change will be a deterrent to the improvement or development of adjacent ln'openy in accordance with existing regulations. The change in zoning district classification will not act as a deterrent to the improvement or development of adjacent properties. All adjacent properties are developed and appear it be in well-maintained condition. Conversion of the property from one community facility use to another will not serve as a deterrent to continued maintenance of surrounding properties given the existing and proposed land plan, buffers and adherence to the development regulations in the CF zoning district. Whether the proposed change will constitute a grant of special privilege to an individual ow'ner as contrasted with the public welfare. OCT i 3 1998 13. 14. 15. 16. The proposed zoning change is consistent with the Collier County Gro~.h Management Plan, which is itself has been established in the interest of public welfare. 7~oning changes consistent with the Plan do not constitute the granting of a special privilege, but do represent public welfare interests. ~3,q~¢thcr thc-re are substantial reasons why the properts.' cannot be used in accordance with exJ.sting zoning. The e~isting zoning currently permits only single-family development;. This ; property abuts non-residential land uses to the east, west and north across Seagate Drive. The intended International College Campus use is not permitted in the RSF-4 district but is permitted in the CF district. Further, the proposed CF zoning change to permit the International College use is consistent with the Collier County Growth Management Plan. \Vhcthcr the change suggested is out of scale v,~th the needs of the neighborhood or the County. The existing church and proposed use for the International College Campus are scaled appropriately to serve nearb.v residents and to serve the entirety of Collier Count)'. The 5 acre property and ils existing improvements provide sufficient space to meet the near-term projected student body enrollment for the College. The International College is the only area College accredited by the Commission on Colleges of the Southern Association of Colleges and Schools that is pro,,Sding a wide rage of degrees and continuing educational opportunities to County residents. \Vhcthcr it ks impossible to fred other adequate sites in the Count)' for the proposed use in districts alread).' permitting such use. There are currently three CF zoned sites in the coastal urban area of Collier Count3', totaling 47 acres, more or less. The three sites are developed as the Collier County YMCA, Boy Scout Camp and Naples Driving Range, and are not available for use by International College. Thc physical characteristics of the properly and the degree of site alternation which would bc required to make the property usable for any of the range of potential uses under thc proposed zoning classification. The subject site is improved property consisting of approximately 22,000 square feet of building area utilized as a church sanctuary., child care center, and church related activities. Approximately 3,000 square feet of additional building space is available on-site and is currently utilized for church administration and storaRe. The existing facilities and site are designed in a manner which are readily 1998 17. 18. adaptable for use by the International College for administrative, classroom, and education related services. The impac! of dcvelopmcnt on the availability of adequate public facilities and services consistent with thc levels of service adopted in the Collier County Growth Management Plan and as dctTmcd and implemented through thc Colllcr County Adequate Public Facilities Orctinanc¢. Conversion of the property from Church and related facility use to the International College Campus results in no capital facility level of service impacts. Such other factors, standards, or criteria that the Board of County Commissioners shaU deem important in thc protection of thc public health, safety, and welfare. ,'a E %P~, ~r,r,9~ / 0C7 3 1998 AGREEMENT FOR PUR ~C~,A, SE AND SALE NORTH NAPLES b,'NITED ML~'HODI~ CHURCH, INC. as Seller, and I~TERNATIONAL COLLEGE, INC. as Buyer OCT 1 3 1998 Pg' ~ ICI.I, I I11 IV VII VIII IX TABLE OF CONTENTS 1'HE PROPERTY I I PROPERTY DESCRIPTION ~ PRICE 2.1 PURCHASE PRICE ................. 2.2 METHOD OF PAYMENT ........... 2 3 MORTGAGE FINANCING ........ 2 4 EXISTING MORTGAGES AND ESTOPPEL INFORMATION TITLE. SURVEY & FEASIBILITY 3 I TITLE COMMITMENT ........... 3.2 OBJECTIONS TO TITLE AND SURVEY MATTERS 3.3 FEASIBILITY AND INVESTIGATION STUDY PERIOD CONDITIONS 4 I NO CONTINGENCIES ..... i~ ..... CLOSING 5 I CLOSING AND CLOSING DATE ...... 5.2 BUYER'S INSTRUMENTS AND EXPENSES . , 5 3 SELLER'S INSTRUMENTS AND EXPENSES .~ 4 PRORATIONS AND SPECIAL ASSESSMENTS REPRESENTATIONS AN'p WARRANTIES I · I 2 2 .2 6 I SELLER'S REPRESENTATIONS AND WARRANTIES ....... 6 2 REAFFIRMATION OF WARRANTIES ...... I,~T~RIM COVENANTS 7.1 INTERIM COVENANTS OF SELLER ................ CASUALTY AND CONDEMNATIQN 8. I CONDEMNATION ................................ 6 8.2 CASUALTY TO PROPERTY . ....................... 6 TERMINATION AND DEFAULT 9.1 PERM[I-rED TERMINATION ..................... 6 9.:2 DEFAULT BY BUYER ........................ 6 9.3 BUYER'S REMEDIES ................. 6 MISGELLANEOUS 10.1 BROKER ...................... 10.2 ENTRY UPON THE PROPERTY .................... I0 3 COUNTERPARTS ................................. 10.4 NO RECORDING ............................ ' . . 10.$ ATTORNEYS' FEES AND COSTS ................. 10.6 NOTICES ................................... 8 10.7 INTEGRATION' ................................. 108 AMENDMENTS .............................. 10.9 WAIVER .................................. 10 12 GOVERNING LAW . ...................... 9 OCT 1 3 1998 EXHIBITS 1013 ASSIGNMENT. I0.1~, HEADINGS: PLURAL AND SINGULAR . . 10. I$ LIMITATION OF ESCROW AGENT'S LIABILITY 10.16 ESCROW AGENT RESIGNATION & REPLACEMENT 1o.17 FURTHER Acrs 10.20 INDEMNIFICATION BY BUYER ................ 10.21 DI$CLOSUI:~_~: RADON GAS ............... 10.22 PROPERTY RETAINED BY SELLER ............. EXHIBIT 'A' EXHIBIT 'B' 9 9 9 9 9 10 I0 10 10 OCT i 3 1998 hGREE,'qENT FOR P~.rRCIIASE AND SALE Tills AGREEMENT ('Contract') is made and entered into. by and between NORTH NAPLES UNITED METHODIST CHURCII. INC. a Florida non-profit cor'pora:lor. ('Seller'). and INTERNATIONAL COLLEGE, INC, n Florida non-profi~ co.ration ('Buycr'j, ~ cf ~h~ I~: g~:~ th~: ~th pnmes have ~lly executed ~his Conlr~cl r'Effccdvc Di~c') Ir, consecration of ~h: mur~', cqvcr, ant: and agreements hereinafter sc: forth, and for olhcr good and valunblc rece~p: and sufficiency of which are hereby mutually ac~wledgcd. Seller and Buyer agree ~ follows ARTICLE I TIFF. PROPERTY I I PROPERTY DILSCRIPTION Subject to the terms and provisions of this Contrart. Se!lee agrees to sell and convey to Bu..~yer, and Buyer agrees :o purchase from Seller, lha: ce.":am, c~f rea~ propert'.' more particularly described on Exhibit 'A' attached hereto and made a par, hereof. tcgclher w~th all rights, privileges, tenements, hercdilaments and appurtenances perlaming there:.: 'Prcpe,":y'), the Property shall also be deemed to include all interest, ~f~n.~, of 5elter in all bu:Idin~s. s:ructures and other improvements, if any, includmg, without limi:ation, all fixtures and ia,~dsca?:r:,g. :," a.':.?', now or hereafter situated upcn the Property, except as other¥.,ise provided here:r, and as ma.', be described on Exhibit 'B' attached hereto and by reference incorporated herein ARTICLE il L~LSR C HA SE PRICE 2 I PURCHASEPRIeE The purchase price for the Proper:y shall he THREE MILLION A:,,'D ;/., lV~ DOLLARS [$3.000,000 00) (hereinaEer referred to as Ihe 'purchase 2 2 METHOD OF PAYMENT. The Purchase Price sha:: be pa:d m U S do:eats ~? tc Seller m :he followmg manner: (a) f'i~t Deposit: Contemporaneously with the execu:~cr, of thcs Cnr,:rac: by B.;.', er. Buyer shall deposit the sufn of TWENTY TItOUSAND AND 00/100 DOLLARS (.520.0OC (heremafter called the 'F~rst Deposit') to be held by Roctzel & Andress, a legal professional 850 Park Shore Drive, Third Floor. Naples. Florida 34103 ("Escrow Agent') In escrou, pond:rig Seller's execution of this Contract. Escrow Agent shall hold said First Deposh in an tr~erest-bearmg market account with interest accruing to Buyer, to be held in such account un:il Clos:ng or u,".!:i of a.~ provided elsewhere in this Contract. Al Closing (unless a dehve,'2.' out ~f escro~ perm:tee.4 in th~s Con:race has pre','~ously occurred), the Ftrst Deposit ar.d all acc:",.;e~ ~:',:eres: sha!l be credited for Ihe account of Buyer to'.vard the Purchase Price. Th~s Contract shall serve as the esCrou. agreement and constitutes m. stt',..'ct:on,$ bsndtng upon Escrow Agent and Buyer and Selie:. subject only to mu:uall.', agreed upon, supplemental i~t,"uet~ens executed by both Buyer and Se;let :,~ v. re:rog (b) Second Depo;iit On or before July l. 199$ Buyer shall alsc dep~s:: ,.,. m~ Escrow Agent an additional deposit in the amount of EIGHTY THOUSAND AND 00'100 DOLLARS ($80,000 00) (hereinafter called the 'Second Deposit'), to be held by Escrow Agent ~,": the same ma.'me: and under the sa~e terms and conditions as the First Deposit (:) Third Deoosit' On or before November l, 199S. Buyer sha:l a!sc de?os:: Escrow Agent an additional deposit in the amount of FIFTY THOUSAND'AND OD'I3,.~ DOLLARS ($S0.O00 00,~ (heremafter called Ihe 'Third Deposit'). to be held by Escrow Agent in the same me,"~':.: and under the same terms and conditions as the First Deposit (d) FourthDeoosit On or before February I. 1999, Buyer shall also de?os:: Escrow Agent an additional deposll in the amount of FIFTY THOUSAND AND 0D/IC)C., DOLLARS {'$50,cYJO OD) (hereinafter called the 'Fourth Deposit'), to be held b.'. Escrow Agent in the sam.' and under the same terms and conditions as the First Deposit (e) Fifth Dot.iii[: On or'before ,June I, 1999. Buyer shall also deposit '~.::,'h. Es:rou, Agent an additional deposit in the amount of F1FTY THOUSAND AND 00;;00 DOLLARS (hereinafter called the 'Fifth Deposit'), to be held by Escrow Agent in the same marmer and under the same terms and conditions aa the Ftrst Deposit The Fir~.t Deposit, Second Depas~t. Th:r:' Depose:. Fourth Deposit and Fifth Deposit shah hereinafter be collectively referred to as the 1998 (fl h_dd_i_d_o._n.a[¢~.a~}~ t~!_C_.Lo~i._ng At Closmf. Buyer shal pay to Seller th-_ re.ma:age: of the Purchase Price, said remainder l,eiog IWO MILLION SEVEN HUNDRED FIFTY THOUSAND AND 00ilO0 DOLL. AR5 ($2,750,000 0OL iii hy cashier's check made payable to the order of Seller drawn on a t~ank or s~ving~ and loan a.~st~t~on dome business in Collier County, Florida, or (ii~ by a woe transfer on the closing date of cleared federal funds to the accounl of Escrow Agent: suSject. however, tn adjustments and prorations as herein provided 23 MORTGAG£ IqNANC [,~"G TWO MILLION FOUR HUNDRED THOUSAND AND 00/100 DOLLARS ($2,400,000.001 of:be addmo~l cash due at closing ~s sc: forth in 2.2(f) above be proceeds from a mortgage to be obtained by Buyer. Buyer's obligations hereunder are con:lng:,':: upon Buyer obtaining a mortgage commitment on thc propem/in the amount of TWO MILL!ON 'FOUR HUNDRED THOUSAND AND 00/100 DOLLARS ($2,400,000.00) equal to eighty percent (80%) cf thc Purch~c Price at an in:crest rate not Io cxceod the lender's prime rate for an a. rnortized lc,Tn of no: less than twenty (20) years. Buyer sh~l, at Buyer's expense, make a promp: application for and a good faith cfi'on to obtain said mortgage commitment If Buyer fails to obtain this loan commitment on or Nc(ore July I, 1998. then this contract shall stand terminated and thc Deposit will be returned to Ruyer unless within such period Buyer waives this mortgage con:ingency in wr~ti.ng~r the parties mu:ually agree in writing to extend thc mortgage contingency period. Within said contingency period, Buyer shall notif': Seller in writing upon receipt of thc mortgage commitmcn: which shall be absolute and unconditio,"ul with the exception of the following temporary conditions: (al Buyer obtaining accreditation; ~) the lender approving of the appraisal of thc Property; and (c) Buyer obtaining approval to use the Prope=y for inrer',ded use M a college. The conditions to the morlgage commitment sc: forth in (al and ,lb) shaI: have been satisfied, waived or expired on Bt before July 1. 1998. The mortgage commitment condmons se: forth in subparagraph (c) above shall have been satisfied~ waived or expired on or before expira:,~on of the Investigation Period. Buyer's failure to notify Seller in writing that Buyer ha~ received sai~, mc.:=gage com.'nitmen: during the contingency period shall entitle thc Seller to rermina:e thc contract b.v noti,fir, a:ior, to Buyer in writing and :he Deposit shall be retort, ed to Buyer. 2.4 IgXISTIh'G MORTGAGF~ M','I) ESTOPPEL L",TOPOIATIO,"; If any mortgage(s) pr~endy cncumbcrCs) the Proper~y, Seller shall be required to safis~' or release an.',' such mortgagers; prior to or at Closing. and thc ncc~sary portion of the Purchase Price duc Seller a! Closing shall ~e to the bolder(s) of such mortgage(s) in order to sadsfy or release such mortgage(s) Seller represer.:s ~nd warranLs/ha: any such morlgage(s) do(es) not contain any provision which would prohibi: the sa:is fa:rio= or release of such morlgage(s)at Closing. Not less than ten (10) days prior to Closing. Seller shall cause to be delivered to Buyer a wri.cn estoppel letter(s) from the holder of any such mortgage(s) which presently encumber(s) the Property. The estoppel letter shall set forth and confirm the amo=,~: v.,hi:h will be required to be paid at Closing in order ~o satisfy or rele~e such mortgage(s) ARTICLE Ill TITLE. SUR~:'f & FE^SIBILITy 3. I TITLE CO.%.'[~'[IT~I£NT. Buyer shall pa)' at Closing the cost of a title scarce cm Property and thc owner's title insurance premium at thc minimum rate promulgated by thc insuran.:e commissioner of the State of Florida for issuance of an owner's title insurance policy to be issued L~ described below. The Owner's Ti:lc Insurance Commitment (thc 'Commitment') shall be issued by a..': agent sclect~ by Buyer (thc 'Title Company'). The Commitment shall b~ obtained by Buyer ~ithir, sixty (60) days of the Effective Date. 3.2 OIMECTIONS TO TITLE ANI) SURVEy MATTER~ If the Commitment survey ('Survey') obtained by Buyer reflects that Seller's title or thc Property is subject to matters are not acceptable Io Buyer, Buyer shall notify Seller of Buyer's objections to the same in writing wi:bin ninety (90) days from thc Effective Date ('Title Review Period'), time being of the essence, thc shall be treated as defect(s) in title Unless Buyer delivers writ:co notice to Seller of' Buyer's obje::icr, s to the Commitment and Survey within said Title Review Period, time being of the eascncc, il shall be conclusively deemed that Buyer has accepted ti:lc to the Properly, as reflected in the Co.,'xm~:mcr,: Survey, in its then ex,sting condmon Seller, in Seller's sole discretion, shall determine and no:trY within ten ti0) days of receipt of Buyer's notice whether ~t is willing to cure an.,,, matters ok0ecred :.> ~,~ Buyer ('Defects') If Seller elects to cure Ihe Defects, Seller shall have fortv-fi,..e (45} da','~ · "~ after recc=pt of Buyer's obje:t~or~ lo cure any such Defcc~(s) ir, SeIler's tide arid Seller a:'re~s :ha: shall use due dihgcncc in curing thc same F~r purposes of this Conlraet. a title or sur'.'e~ oNec:io,". be deemed cured if~. the Title Company is induced to remove the item objecled to' f,o~ t~,o Ti,l. C¢,,~-"n~tmen: such t,,a: it n~ longer appears as an exception 'her,'on If the Sci'¢ c ,~,. ?.~ .'.. Defect(s) or docs nol cure the net:curs) within sa,d %try.fiVe (45~'d~,~ .... ~, n..'. '_. , of e~ther (~, c,osm[: th~s transac:mn m accordance u.'i:h the terrr'~ and pro'.'isioru r:of and a:c:r~., ~ OCT, 1 3 1998 uric in its then cx.'s[mg condition without reduction m the Putc~.ase Pr~Je. or (~; transaction upon nolle{ IO ~cH¢~. ~'ilhln ~f~ccn (15) days after rcc¢~p: a~ Seller's not,cc :~3: ~: '~1~ r.': cure =he Defecl(s), whcrcu~n ~hc Dc~si~ and ali mzcrcs= necked ~hcrcon shall b~ 3n~ S~I]¢r and Buyer shall be released from any and 311 further obi=~a[~o~ an~ hibihHes or ou~ of [his Comrac~ (cxccp~ Buyer's indcmnmcs provided for in Sec,=on 10 2~ this Ira~aclion in accordance wi~h thc ~erms and condilions hereof 3.3 FEA$1BILITY AND INXT,~T]GATION STUDY PERIQD Buye: shale ~.a,e cp.: hundr~ eighty days (180) days from the Effective Da~e in which to condu:: zor, m~. use a3~ educaHonal facility (~he 'lnvestigauon Pen~') During the Investigation Per~. the Buy~: ~nJ :rs shall b~ provided wl(h ~11 access % the Property a~ deemed necc~si~' by Bu';er Due:ag investigation P¢~i~. Buyer. at ~ts sole cos~ and expense, ma} apply for pe~t:s ne:css~ f:r intended use of thc Property ~ a college The permits shall no: be ~lnd~ upo~ SeXier and cancc~ablc m thc event Buyer fads to close under thts Con:rata SoHo; a~re~s te cxe:u:: zn? perm:: arph:a~io~ necessary provided {hal the pre:cd,nE perm,( condmons can ~ mc: If Bu}¢r dunng :he Investigation Peri~ ~hat notwithstanding ~s best efforts ~t would no: be aIio~e~ apph~able gover~ental aulhormo to o~rate thc Property for its intended usc ~ a college. ~hc~ than [he one hu~rcd eighHelh (18~h) day following the Effective Da~e (co~t;tu:mg exp~ra:~o~ of Investigation Pert~i. Buyer shall notify Seller in writing ~hat ~l has m go~ faith us~ ~ts best cffO'~s ob:am pc~ission ~o operate ~h~ Propen)' ~ a college f~cilit) and has b~cn re~se~ the r~gh: m ar4 ~hcreu~n Ihe Dc~sl{ and aH interest accm~ there~n shall be i~edia:cly rcturne~ tc Buyer ~he p3~l~ shall ~ reheved of all liabillt~ under (his Contracl If Buyer fails :o provide :c Seller before :he exp[ra:io~ of (he l~ves[igatio~ Pert~ notice thai ~: is umble :o obtain ~e r~gh: :o Pr:pe~} ~ a college. ~en Buyer shall be deemed lo have elected to priced a~ shall no: be e~:::l:~ a return of thc De.iii or the ~n~erest necked thereon (until Buyer shall have pair the ~r:has: Price · Closing) and Buyer shall have no further right [o [c~ina[e th~s Con~rac[ under this Section 3 ] Buyer's sole grounds a~ right to to.inane this Contract during Ihe Investigation Pen~ shah be ce.i} reMon that it ca~ot obtain the right ~o usc the Property for its intended use ~ a co;logo, an~ Bu~er'shaX have no other cause to so lemi~e. Notwit~tandmg ~ything to Ih: contras' se~ forth in th~s th=s Section shall su~ive ~e Closing or ~y earlier ~e~i~ion of this Contract Buyer's right to [he Property shall ~ subject lo having first provided Seller with reportable advance notice ln~ pe~ission from Seller for Buyer's i~tion which shall bc at such reportable times taking i~:c ar:Gun: Seller's no~al day to day activities Buyer shall have sixty {60, days from the Effective Daie of thzs contra¢~ Io condu:: due with respect In [he condilion of ~he ~mprc~eme~:s located on thc Property (the 'Improvemez:s') Buyer's sole judgmem such ma:ena~ condmc~ etls~ which make the Improvements u~sui:a~: for a college or univcrs=:y. [he~ i~ :ha~ even:. Buyer shall holily Seller and thereupon the D:r~s:: an~ interest a::~ed Ihereon shall be i~e~alet) returned to Buyer and the pames shall be rehc'.'ed liabih:) under [his Contract If Buyer flils Io provide ~o Seller on or before Ibc cxp~raHo~ of :his (~) day due diligence peri~ not,ce that mat. hal condmo~ exist which preclude Buyer from usm~ the Improvemen~ ~ a college or university. Ihen Buyer shall ~ deemed to have elected to proceed and Buyer shall ~vc no fu~er right [o te~i~ie th~s Contract ~use of the condition of the Improvements AR~CLE IV 4 I NOCON~NGENCi~ Aftercxpirat~onofthelnvesHgationPeri~.thereshal,.~enc contingencies whatsoever on Buyer'~ obligation to comu~ate the tra~action contempla:e~ except for. (a) ma{tees that Buyer properly and timely h~ objected to and Seller h~ no: correc:e~, cr (Y' threes to p~y~i~l, enviro~ental and (:tie ¢cndltions of {he Prope~y subsequent :o lhe Perl~. other than ¢hang~ or lille ~5~ues created by the ~uyer ARTICLE V CLOSING 5 I CLOSING AND CLOSING DATE This transacnon shall bt 'closed' a~..~:::l::.~,he Proper:y conveyed from Seller ~'e Buyer b'; dehver?' of the full.', execu'ed Dee~ an3 d~cumen:s, in:ludmg, wi:hour i:m~:aho~., those described be]o'~ :n Section (referred to herein a, t~ 'Clos:n~' a: 10 o'clock: a m on the Cie. stag Da:¢ (as heeh, a'.~e,~~- . ..... · / ocr 1 3 1998 P~ the offices of ROETZEI. & ANDRESS. 850 Park Shore Drive, Suite 3~3..Naples. Fl:r;J.~ .:.: :..~G. er Such o~hcr plice wt. ch Buyer ind Seller shall mu~uilly lgree upon m writing ~e da:e of Cies:n~. ~o ~hich time sh~ll ~ of I~e essence, sh~ll be Au~us~ S, 19~ (referred o hereto ~s ~hc 'C~es, unlcs~ otherwise m~ified or ex~e~ pursu~nl co ~he prov siom of ~his Con rac~ or mu[u~Ih, ~o ssx~y (~) d~ys provided Seller shall h~ve given Duyer nodce of its elecdon ~o so ex~e~d m wrmng between Buyer and Seller. Seller ~y. in i~ sole d~screfion, clcc~ to cx~cnd ~he' :up Iwcn~y ~201 days pr or m thc Closing Da~e. 5 2 ~UYER'S IN~R~E~S ~ EX~EN~F~ Buyer shall pay for and appls:able including any stale sales t~ due thereon: fa) r~rding fee for deed; ~) d~umen:aD. s:~mps' in~ngiblc ~ax a~ recording fees on any note a~ mortgage, ~ all cosu of any i~:imdo~l Io~n by Buyer. lc) iitle imura~e; (d) surety; (e) preclosing ~lice ro utility su~liers; (~ pending spec:al ~sessmcnu (Item or s~cial ~sessmems olhcr than those described in subnara.-,~ ' ~g) real cs:~lc brokerage fee for any broker us-~ ~- ~ .......... C o,-rh 5 (o or con:urrcnt with thc ~xecufion of ihis con~rlc(, which ~nding lic~ or~e:i~l ~sessm~ : agrccmcm i by providing Seller wriuen notice, units Seller agrees in writing ~o pay such pcn~ing lic~ or special ~scssmcn~s m excess of I% of the purch~c p~cc.. Seller agrees ro pay in~o escrow r~so~blc sum ro i~ure Ihal thc excess will be paid ar closing. In the cven~ this ~n~ric~ is tc~cd for any reuon prior Io closing. Buyer s~ll i~iarcly remm Io Seller sumcys, ddt evidence. us~iadon a~ other d~umems, whi~ ~ve ~n pmvid~ ~o Buyer by Seller. S.3 S~LLER'S INk.lENTS ~ E~NSF~ Seller s~l pay for a~ provide ~hcn apphcable including ~y s~lte sal~ ~ due ~ermn: (~ a cu~cm U.C,C. cn~mbr~cc s~r:~; preparation of s~amlo~ warranty deed, bill of sale with ~11 wa~ti~, ~s~iadon estoppel Icucr ~ ~ affidavi~ r:g~ding lie~, ~ss~sion. ~d wi~olding under ~A. in a fo~ sufficien~ ro allow 'gap' ~verage by ddt i~r~: (c) mortgage payoff i~o~don; ' d~umcn~a~ s~amps on deed; fo) r~l ~utc brokerage fcc for ~y broker ~ed by Seller; (0 semites Io thc Closing Da:e, the ~tl ~ount of sp~i~l ~ or ~scssmenu, including any homeowner's association specsal assessments, which are a lien or a s~ial asscssmenl thai is certain ~ ro the idcnd~. of the hcnor or ~s~sor. ~hc pro.ny subje:~ ~o the lien or s~cial us~sment ~d ~ ~ount of ~c lien or s~ciil assessmenh on or ~fore ~e EEecsive Da~e of~is ~ntnct; ~d ~) Sellcr's a~omcy ~.4 ~RO~TIONS A~ S~ECIAL ~S~N~. ~cse ite~ will ~ prora~ closing, wilh thc Buyer char~ wi~ a~ enml~ ~o ~e closing ~a~e, or ~e ~ssession di~c. whi:h ever first ~curs: (nj real ~ute a~ ~rso~l pro. ny ruu bu~ on ~e ~en~ y~r (if available), o:hc~'ise on ~he prior year's bill (without discoun0 ~ r~dj~r~ u~n rc~ipt of t~ bill if requesr~ by either pony; ~) inlcrcst on ~y usum~ indcbt~n~s; (c) rcn~ ~ d~siu (~ a~mcd inreres: thcreon);~(d) homeowner association ~intc~n~ ~s~smenu; (e) pr~aid ufilid~, including ~blc ~' ~d Coun:y ARTICLE VI RF-.PRF~NTATION5 AND WARRAN'FFF~ 6.1 SELLER'S REPRESENTATIONS AND WAI~RANrI~:E Seller represents warrznts the following ss of the Closing: : fa) Seller is the owner of fee simple title to the Property; i: (b) The Property is or at the time of closing will be free and clear of all liens for ad valorem taxes for the year of C osing, not yet due and payable, ~d for all subsequen: years, ~nd except for encumbrances to be released at Closing, Further. there is no proceeding pending or being prosecuted for reduction of the assessed valuation, or taxes or o~her imposition with respect to al', o: an.'.' pomon of the Property. or for any special assessment liens against the Property, (c) Seller has no actual knowledge of any condemnation or rmiden~ proceedings pending, or to thc best of Seller's knowledge, contemplated against the Proprny o: any thereof, and Seller has received no notice of the desire of any public authority or other en.'.~ to mak~ or use the Prope:~, er an)' part thereof: . ~ Seller has no actual knowledge of any threalened or pcndin~ · a.m. ,n,~.,a,we agency, or other governmc'ntal i:~'.tr~mentahty against OCT 1 3 1998 or any pan of thc Property which (i) do or could affect ownership, operation, use or occupancy;of the Properxy or any pan thereof; or (ii) do or could prohibit or make unlawful thc cor. su~"r.a:ion of the transaction contcrnplated by thi~ Contract, or render Seller unable to consun'u'nate the sa~me. ScHcr h~ receiv~ no notice of, ~ h~ no ~owl~ge t~ there is a viola:ion of, any law. regulation, ordi~n~, order, restri~ive covenam, or o~her requirement affecting the Property. Seller has no actual knowledge of any unrecorded easements, restrictions or encumbrances affecting all or any pan of thc Propcr~y; There are no construction liens agatnst the Property and if subsequent to Closing hereunder, any construction or other liens are filed against the Proper~y as a rcsuh of an.,. actions' by or on behalf of thc Seller, Seller shall take such action, within thirty (30} days after the fit.ag. :hereof. by bonding, deposit, payment or otherwise', in order to remove, transfer or satisfy such lien of record against the Property, at Seltcr's sole cost and expense; ...~ (h) The Seller has no actual knowledge that, and has made no inquiD' whatsoever as to whether, there is located in. on, upon, over or under the Property (i) ashes:os in any form. (ii) urea formaldehyde foam insulation. (iii) transformers or other equipment containing dielectric Fluid which contains levels of polychlorinated biphcnyls in excess of fifty parts per million, or 0v) an)' ocher chemical, material or substance, exposure tu which is prohibited, limited or regulated by an)' federal, state, county, regional or local authority or which, even if not so regulated, is known to pose a hazar~ to the health and safety of any persons that now or rqlLy hereafter occupy the Proper'tv or property adjacent to the Properly (hereinafter sometimes collectively called 'Hazardous Waste')' Shou!~ an}' asbestos, ur~ formaldehyde foam insulation, transformers containing excessive levels of polychlo:;ina:ed biphenyls, or other regulated materials, equipment, or substances described above be found m. upor~:, over or under the Property. Buyer hereby agrees that it shall immedial¢ly notify Seller in writing and upon re¢cip~ of such notice Seller shall, at Seller's sol: option, either tcrminate this Contract or cor~mence · removal of same, which shall be completed within a r~sonable time, in full compliance v.'~:h ~n.~ applicable governmental rcgulanons; (i) Seller has no actual knowledge of any fa:t or condition which v.,ou~d resuI: termination of cxming access to the Proper~y; and (j) There are no adverse parties in possession of the Property or of an> par: :hereof and there are no panics in possession thereof except Seller, and no par:,}, has been granted an)' h:er:se. lease, or other right relating to the use or possession of the Property. 62 RF-.^FlriR.%IATION' OF WARRAN'TIF_.C;. At the Closing, ~he Seller shat:, in reaf~rm to the Buyer the truth and corrccmess, as of the Closing Date. of each of the warran:~es above ARTICLE Vll I.N"'I'E RIM COVENANT~ 7.1 INTERIM COVENANTS OF SELLER Seller hereby cover~nts with the Buyei thai between the Effective Date of this Contract and the Closing Date: (a) Seller ma)', without Buyer's prior written consent, create or suffer the creation of additional encumbrances on Ihe Property, if the Seller has thc ability to obtain a release o,"Isuch encumbrance from the Property by the time of Closing. For the purposes of this prov,s~on, 'encumbrance' shall mcan any lien, claim, option, pledge, mortgage, security agreement, statement, or other encumbrance, encroachment, right-of-way, lease, easement, covenant, condition or restriction [n the event Seller encumbers the Properly in contravention of this Subsection 7. I(a'h such encumbrance shall be eliminated by Seller at or before Closing by payment of any amount necessar}, fro.-., the Closing proceeds or otherwise, (bi Pursuant to Section 3.3 hereof, Buyer and its agents and representatives entitled to enter upon thc Property for inspeclion and cxam:mnon; provided, however thai Buye: not materially in~erfere wilh the operations of Seller on the Property; (c) All risks shall be born: by Seller until acceptance by Buyer el deed a'~ !he CIo~;i::g 1998 Seller shah conimuc to reasonably m:~in|ah'~ thc Property in thc nonm,,~: co~rsc of ils business and shall no: make any substan:~al s:ructural modir,'calions to the Propen.'.' wi:hou: Du],'cr's prior written consent. (¢) Buyer ma.',' make arrangements lo use the Founders Hall ai mutually agre:~ ;imes far fund raising aaivities so IonE as Buyer has ohiaincd lhe prior conscm of Seller and it is not to the nnrmal o~rat~on~ of Seller ARTICI.E VIII CASUALTY AND CO~E~INATIO~ B 1 ~ In the event of Ih¢ Instltullon again[ thc Pro. ny, Scllcr.;:er the record owner o~ thc Pr~ny, of ~ny precedings, jud~clai, idminis~rlfiv¢ or oth¢~is¢, relating:lo ~ taking, or to a pro~s~ inking of ~n~ ~nion of thc Propc~y by eminent do.in, condc~a{~o: or oJh¢~sc prior Io Closing. then Scll~rshall nofi~ Buyer prompdy and Buyer sh~ll hav¢ ~hc opS':cn, i~s sole and absolute discretion of cipher (a) tc~inadn~ ~hi~ Con~rac~ and oblaining a rclurn of ~h~ Dc~si: and all m~crcs~ accord thereon; or (b) closing in accordance wi~h thc Ic~ this ContracL but ~t such Closing S~ll{r shall assign to Buyer all of i[s righh ddt and intcrcs~ in and ~o ~y n¢~ awards that been or ~y ~ ~dc wi[h rcspcc~ to such cmincm domain proc¢¢ding or cond¢~don, Such election musJ ~ ~d¢ by Buyer within ten (lO) diys of thc notice ~mishcd by Seller. If Buyer E~ils to m~c timely clarion in writing, it shall be dccmcd lo have ~lcctcd ahcmaJiv¢ ~)~ 8.2 CASUAL~ TO PROPERS' S~Hcr agrees ~o give Buyer prompt notice or l~y smY~olc, or o~hcr c~ual~y affccdn~ ~hc Properly or any ~omon Ihcrcof bc~wccn [h¢ d~c hereof and Daft of Closing. If prior ~ Ibc Closing ~hcrc shall ~ur fire. si~ol¢ or other ~ual~y to all or ~ny ~mon of ~hc Property which would imcrfcrg wi~h th~ con[cmpla[¢d usc ~cr~of by Buyer. ~hcn. in such cvcm, Buyer may al its optio~ ~cmi~c Jhis Conlrac~ by noti~ to Seller within thi~ (30) days Buyer h~ received thc ~ticg referred to above or at ~c Closing. whichever is ~]icr. ~d in thc cvcm of such ~g~ination thc D~osil ~d ~11 inJcrcs~ accrued Jhcrcon shall be promptly rcmm~ ~o Buyer. If ' Buyer d~s not so el{el to t~inate this Comract, th¢n lh~ Closing sh~ll t~g place ~ provided herein wi~hou~ aba~cmcm of th~ Purch~c Price. and thc~ sh~ll ~ ~si~ncd to Buyer at ~hc Closing ail in~crcs[ of Seller in ~ ~o any i~urlncc pr~ccds resulting or to rcsuh ~hcrc~rom which may bc payable on account or such ~currcnc¢. If prior [o Jh¢ Closing there shall ~cur fire or si~olc or other c~ualb' to a ~nion of Iht Pro~y which would no[ ~criaily imcrfcrc wi~ thc comcmpla[¢d usc thereof by Buyer, ~hcn, in such cvenh Buyer shall hav¢ no righJ lo Ic~ina~c its obligatio~ un~cr ~is Contra~. bu~ Seller shall repair, prior to thc Closing, all d~gc r~sulfing therefrom, or. at Buyer's option, thc[~ sh~ll be ~signcd Io Buyer al Closing all warranties of Seller and ~]l int~rcs~ of Sdlcr in and ~o ~ny i~ut~ncc proceeds resulting or Io result therefrom which ~y bc payable ~o Seller on accoum or ~n): such ~currcnc~ and thc ~rchasc Price shall be reduc~ in direct proportion ~o such ~nion of ~hc as is rendered un~ (or Buyer's contemplated usc A~TICLE IX ~E~flNATIO~ AN~ DBFAST ~. t Pg~tl~P ~[NA~ON If ~is Conuact ts tc~i~l~ by ci[hcr p~ny pursu3m to a ri~h~ cxpr~sly given i~ to do so hcr~cr ~¢rcin rcfc~ ~o ~ ~ 'Pc~i~ Tc~fion'). ~ Dc~sk, a~ all int¢r~t a~m~ thcr~n s~ll i~i~tcly ~ r~m~ to Buyer ~d neither pa~y shall haw ~y ~nhcr righ~ or 0bligntio~ h~rcunder. 9.2 DgFA~T BY B~R If Buyer dcfaul~ in Ibc ~rfo~Jncc of any of Buyer's obligation, covc~n~ or a~r~mcnts contained in ~is Contract, for lay t~on mhcr th~n a dcr~ui[ by Seller or a pc~m~ Tc~inadon hereunder, [hcn, u~n Seller's d~mand ~d aAcr Seller h~ noJificd Buyer of Seller's ~c~ination of ~his Contract. Seller shall be cnddcd, ~ S~ll¢r's sole and cxclusiv¢ remedy. [o rccgivc thc De.sit and all accrued inlcrcsl from ~crow Ag~m. ~ agreed u~n and liquidated damages on account of such breach by Buyer (it being understood and agre~ by ~h Buyer ~nd Scli~t thai such amount- is a fair and reportable mc~surc of lh~ d~magcs to bc suffered by Seller in lh~ o~ such dcfauh, thc cxac~ amount ~hcrcof ~ing difficult, inconvenient, uncertain ~o dc[crmmc incapable of asccr[ai~cnO, whereupon bmh Buyer and Seller shall bc relieved from 'any further obliga[~ons or liabilities arising under or out of [his Con~rac~. Thc provisions of this S~¢~o: 9.2 shal~ specifically survwc the termination of this Comfier 9 3 BUYER'S RE~IEDI~ In :]~ event of a default by Seller hereunder, for *~ o~hcr than Buyer's dcfiul~ or ~ Pertained Tcrmmatiom Buyer may. a~ Hs option, do ~y of OCT 1 3 1998' (a) Terminate Ihis Contract by written notice dchvered such even: the Deposit and all Interest accrued thereon shall be returned to Buyer b';' Es.'r~u, ~,£er.:. specific performance Conrracl Buyer shall be entitled to bring an action afc, in,;: Se!let fa: a::ua~ damaz.,'s c: Tile prov;slons of this Sectmn 93 shall ARTICI.E X blISCELLANEOUS 10 I BROKEJ~ Bu?er and Seller have entered into this Con:fac: w~thout the scrx ~:es~, an.', rcnl~or or broker Seller nnd Buyer shall pay nnd ~ responsible for nny respective rc~'.'~,cs~l~ ¢n~on~ claimed by ~ny rc~hor or broker employed by eilhcr of ~hcm In ~he cvcm of nny by ar,? pcrsan or firm for n fi~cr's ~c. profcssio~l fee or brokerage co~ission, Seller ~nd Buyer hereby ~Eree ~o inde~ify ~nd hold ~he o~her h~les~ from nny ~nd nil Ioss~s. d~m~s, oasis ~nd cxp~ns~s, m~luding but ~o~ hmited Io a~lorneys' fees and related di~rs~e~:s ~hrou~h ~;~ ~nd o~ Thc pra'.'~a:~ of ~h:s S~cdon 10 ] shall specifically su~ivc thc Closing ~9: ENTRY uPON Tt~ PROpERTy Unlcs~ and un:il thls Contract ~s re.inured. Buyer seal: h:vc the right [6 upo~ :he Proper:)', or to cause o~hers 1o enter upon the P(9~e~y, prior to ~he Closing in order :o petrol, c: cause [o be performed ~:ud~e~ and exammatio~ or lo otherwise view and respect the Pro,er:} Ar.':' ~och enlr) st:a;i be performed m such a manner so as lo hal cause damage to the Propers) In :h~s Contract ~s terminaled, lhe right of entry granted hereby shall likewise be termina:ed, an~ Bu>'e~ dehver lo Seller an affi~avft acres:rog to the absence of any claims ~f hen or parent:al cia:ms by henors employed or con:racked by Bu)er ~o perform any work or i~pecr~ons uper, or rela:ed to the Proper:)' and :hat person(s} so employed or contracted with Buyer in lhat regard hn'.'e been p~3 in Mil Buyer agrees to indc~if7 and save and hold Seller ha~less from any and all claims, su~ts, Ilabfhties, costs and expe~es recurred or sus~ined by Seller arising from or in ~qection with the Buyer and Buyer's employees, agcnls, engineers, contractors and represen:a:ivcs eatD. u~n Prope~)', In the event the Buyer elects lo te~inale this Contract for any reaso~ thc Buyer agrees (i) restore thc Propc~y al ils expense to substantially thc s~e stale and conditio~ ex~stin~ prior to Buyer's activities on thc Propc~y. and to provide ~crow Agent whh a written ce~ifica:ion of tells fact executed for Ibc benefit of Seller. (il) deliver lo Seller copies of all surveys, reports, studies, test results and other materials obtained by Buyer in Its investigation of the Prope~y and, at Seller's elect~on. Buyer shall assign to Seller Buyer's position in any ongoing gover~enral approval pr~ess(es) at no cost Seller, and (iii) provide Escro~ Agen: wi~h a written codification m favor of Seller thai Buyer. h~ paid m M!I all persom ~rfo~tr, g work for Buyer wi~h rcspecl lo thc Prope~y who will have the right to file a lien against the Property if i~ Is not paid. Notwith~t~ding anything contained in this Contra:~ to the contraO', the provisio~ of this Section 10.2 shall tumive ~e Closing or thc earlier te~i~::o~ of this Contrac[ 10.3 CO~RPART$. %is Con:race may ~ executed simultaneously in one er ]more counte~arts, each of which ~hall be deemed an original, but all of which together shall tonsil:ute one and the same i~l~ment. S~gnatures by facsimile tra~mi~sion of this Conlract shall be acceptable and binding u;on bo~ Davies. I0~ NO~CO~IN~ ~is Contract shall not be ptaced of record. %c recordinDcfthis Contract by Buyer shall cause this Contract and all rights under it fo~hwith to te~ina~e wkhou: the neeessit)' of any further action on the pa~ of thc Seller. a~ ~hall be deemed a breazh of this Con:fac:. and Seller is hereby appoinled agent of Buyer for Ibc pu~ose of executing and recording any and al! documents required to release any r~ghts of Buyer recorded m viola:ion hereof 10.5 A~O~NEYS' F~ES AND CO~S. If any legal action or other pr~eed:n~ is brough: for lee enforcement Of Hl:s Comrach or because of an alleged dispute, breach, default or m~srepresenlatton m connecHon wi~h any of the prov~sio~ of the Contrach the prevailing parzy or shall be enlitled to recover reasa~a~le Faralegal and a~orneys' fees and ocher cos:s mzurred :n thai or proceeding, mcluemg those reia:ed to a;peais, m add~ion to any o~her relief to which :~ or ~h~x, may be entided ' ' , OCT 1. 3 1998 10.6 IN_.Q..Tj..~ All notices, demands, requesls or other co,m.,"nunlca~lons mad.,: Fursua.~: :5. under or by virlue of the Contracl must be ~n v,'r,t,ng and either hand delivered, delivered bv courier or t¢lecopier or facsimile transmission, or mailed through the United States Postal'Se,-x/r.e b; certified or registered mail,, return receipt requested, to the party to which the not~ce, or communication is being made. as follows. To Seller: With a copy to: Noah Naples United Methodist Church, Inc. Attn. Pastor Gary bullock 800 Seagate Drive Naples. Florida 34103 Phone No (941) 261-OI32 Roetzel & Andress Arm: Paul K. Heuerman. Esq, 850 P~,k Shore Dr:ye. Third Naples. Florida 94103 Phone No: (941) 649-6200 Fax No.: (941)261.3659 ,,./ To Buyer: INTERNATIONAL COLLEGE, INC Attn Terry P. McMa~han, President 26.54 Tamiami Trail East Naples. Florida 34112 Phone No.: (941) Fax No.: (941) 774-459~ or to such other address as may be hereafter designated by either Buyer or Seller by giving not~ce to the other party. Any noti~ demand, request or other communication shall be deemed to be g~ven upon actual receipt in [he case of hand delivery, facsimile or tclccopicr transmission,or delivery by overnight , Courier, or four (4) business days after depositing the same in a letter box or by other means placed within the possession of the United States Postal Service, properly addressed to the pan}' in a::ordance with the foregoing and with the proper amount of Postage affixed thereto. In the event of an',. notice vi:, telecopier or far4imile transmission, a hard copy shall be ser~ via certified mail, return receil~t requested on the day following such transmission. Any such transmission shall be considered received when transmitted to the facsimile humbert set for~ above on a machine that provides a report indicating receipt by such facsimile number. Any such transmission re,.eived a~ter $:00 p.m. Eastern Standard or Daylight Time (as then applicable) sh~ll be deemed to have been given on the next following business day. For purposes of delivering and receiving any notices, demands, requests or other communications under this Contract, any attorneys for Buyer may directly contact Seller and the attorneys for Seller may dir~t y contact Buyer. The respective aHorneys for both Seller and Buyer are hereby express v authorized to ~,ive ~y notice, demand, request or to make an), other communication pursuant to the reruns of this Con'ac: behalf of their respective clients 10,7 ~. This Contrac~ contains all of the terms agreed upon between the panics with respec~ to the subject rnat~er hereof, and is the complete, fins] exclusive and entire understanding between Buyer and Seller with respec! to the purchase and sah of the Propers,. and supenedes all previous contracu, agreements, and understandings of the parties, either oral or written. relating to the Property. 10.8 ~. This Contract may not be changed, modified or terminated, by an instrument executed by thc par~ies hereto, Signatures by facsimile transmission of any amendrn.-n: to this Contract shall be acceptabie and binding on both parties. I0.9 W_~ No waiver by Buyer or Seller of any failure or refusal to comply with obligations of any other party shall be deemed a waiver of any other or subsequent failure or r~fusal to so comply. 10.10 SUCCESSORS AND ASSIGN,~ The provisions of this Contract shall Inure to :he benefit of, and shall bind, the heirs, executors, administrators, successors and assigns (where assign, me,-,: is permitted) of thc respective paints 10 11 ~P6RTIAL INV^I.IDIT¥ l; an}, term or provision o,r this Contract or the appIi:a:ion thereof to an)' person or circumstances shat!, to any extent, be declared invalid or uner court of corn?etCh: jurisd etlon. :he remainder of this ~cintract, or the applicat OCT 1 8 1998 prov~ston to persons or ctrcumstances other lean those :,s to which ~t is held invalid cr unenforceaUe. su:h term or provision shall bc modified to the minimum extent necessan.' to make it ot its ap?lien:ica valid and enforceable, and the vahdlty and enforceability of all other provisions of this Corr.:race and other applicauons of any such term or provision shall nol be affected thereby, and ea:h te.m,,, and provision of this Contract shall bc valid and be enforced to the fullest ex:em perm,,med by lau, 10.12 GO',.T.R?,'I~N'G I.A",','. This Contract shall be construed a,~d enforced m acco. r"an:e '~i:h the laws of Ibc State of Florida, excluswc of choice of law rules, and this Contract shall no: be construed more strictly against one part],, than against the other merely by virtue of Ihe fact that ,: ma} ha',.- b:tn prepared by counsel for one of the parties, n bring recognizrd Ihat both Buyer and SeSc.' ha',': contributed substantially and materially to the negotiation and prepara:mn of this Con:tn:: TEe obligations of the parties are performable and venue for any leda; acllnn a;isl,qg our of :h:s Cea:fa:: s~.a:l he in Collier County, Florida. 10.13 ASSIGN,'~IENT "~ ' Other than to an enmy m wh ch Bu?er o',,.','".s controlhnE role;es:. Buyer may not assign this Contract to an).' person or entity wilhout lhe Seller's poor wriuen app;ova! An.}' su:h ass:Er,men: shall not excuse Bu.,er from th.- performance of irs cbi~gauo?,s,~reun..Icr 1014 L[.[.[~ADINGS: PI,.UR.AL AND $INGUUAR The head~.'.gs ~.h:ch have been use~ ~hrcughaul Ih, is Contract have been inserted for convenience of reference onb' and do not cons:l:utc ma::,-: u.., be construed in inte~re:ing this Contract Wor~s of an,.',' gcn~er usc~ :n :h:s Con:tact shaIi be held a~ constr'ucd to include an.,.' other gender and words in the singular shat] be Et,3 to m:]udc thc plural. and vice ',.'¢;sa. un, Jess the context requires olherv.,js¢ The words 'herein'. 'he:col". 'hereu.",dcr' and other Slmilar compounds of the word 'here' when used il~,,Ihis Contract sEall refer to [he e~.::r.- Cc,":,t:'az:. and not to an.,,' particular pro',,'tsion or section If lee lasl da.'.' of an.',' :~me period stated hereto seal; fa:: an a Saturday. Sunday. legal or banking holiday, then Iht duration of sur. h nme period sba':] bc extended so that ~t shall end on the next succeeding day ',,.'h~ch is not a Saturday. Sune.,y. legal or bank:nc h¢lidt'. TE.e ~erm 'business day' shall mean an?' da?' olhcr than a Saturday. Sundae.. leda! or ba.".;:mg-hei;aa?' 10.15 I~IMITATION OF F. SC~ROW AGENT'S I. IABILITY Escr¢~ Age,'.: shall no: be responsible for any defaults hereunder by an.'.,' pan) Escrow Agent ma} coa~uh ~ :th c:~r~=: af ns o~a choice and shall have full and complete au~hori~tmn and pro~ccuon for any acuon ~ak=n er suffered :~ Escro~ Agcnl hereunder in go~ fake and in accordance with ~hc opinion ~f such counae: In ~he eve~: of a:=ual or pmenfial dispute ~s Io lhe rights of ~he pome '=nero under ~h~s Con:r~:h th: Escrow' ADen.: ma) m ~s sole discretion, conunu= m hold the Deposit unul lhe p~mcs mutually ~gr=e ~o ~he felons: thereof, or until a judgm=nt of u court of competent jurisdiction shall de:ermin~ th= rights cf ~he pa=ets thereto, or ~t may deposit any moa:es and all instrumenl~ held pursuan~ ro ~h~s Compact ~'~:h ~he Clerk of Chum Colher CounJy. Flond~. and upon no~ffymg all purees concerned o~ such *:non. a:i hob:h:.. on ~h~ pan of thc Escrow AEon: shall full?' ~rmmaJe. exce~ I: ~he ~xten, of an account e~ any morner thercmforedchvcrcd oulof~:row In=heevent or,ny sun between Sell=r and Buv=r ~h:r~in m th= Escre~ Agent is made n pip:) ~} vmue of IDling as such Escro~ Agent hergunder.'er m :he even: e~ any sun ~'herein Escrow A~ent interpl:ads ~he subject mauer of ~his escrn~. ~he Escro'~ Agent seal', b= enmled Io recover n rclsonabtc nUorney's fee and costs recurred, said fees und costs ~o be charged ~=J as*esscd ~ cour~ cos~ in favor of the prcvliling path,. All pomes agree thtl Escro~ Agent shah no: ~= liable Io any pony or person whomsoever for any action taken or ommed by Escrow Agent. including bu~ no~ limited ~o ~ny m~sdehvery of monies or msl~ments subjec~ Io Ibis escrow', ual:ss su:E misdelive~ shall ~ due Io willful breath in bad faith or ~his Compact or gross neghgene: on :hr par= ef ~he Escrow Age-~ 1016 F_.SCROW AGENT RF...SIGN,STION & R_EPI.A~'I~IjEN'T Escro~ Agent upon thirty(30) days wrinennol~ce m thc pam:s to this Comra:: If a successor Escrow appoimed wllhin s~id Ihlrl)' (]0) day pcriod. Escrow Agcnl may pemmn Ih: apprepna:e cour~ a successor 10 17 FURTI~R ACTS In addilion to the acts .ec~ted in this Contraclte be performed Seller and Buyer, Seller and Buyer agree to perform or cause lo be performed at the CIosm~ or after Closing any and all such fuflher acts as may be reasonably necessary to consummate th~ transa:non contemplated hereby 10 18 DEFINITION' OF OFF[R AND A.6..CCEPTANC~. Execution of this Contract by shall constitute an offer to purchase the Property on lee terms and condilions set fl'nh m this subject to acceptance at Ibc option of S:lDr. wMch acceptance shall be accomphshcd b'.. Bu'.':r's. r.-ce:7: ,, cf a full? e',,eculcd counterr.'ar: be,'¥:e .~ 00 P.M Ien (lO)days after rote,pt of :heCen a:~et~.~ " OCT 1 10.19 [b'DEMNIFIQATION BY SELLER Seller agrees to nd~m, ni.% ddtnd and he~d B=v~: harmless from and agai~ all l~abditics, expenses, costs, auorneys fe~s and clai~ whatsoever ansm~ from any breach or dcfauh by Seller of any of Rs rcpresemado~, warranties, covcnams and obli~:ien~ described in this Conlracl. ~c provisio~ of this Section 10.19 shill su~'iv¢ Closin~ 10.20 INDEMNIFICATION BY B~R. Buyer ~grccs io indc~i~., defend and he]~ Scl:t: h~rmfcss from and a~ai~ all liabiliUcs, cxpcns~. ~sls. anorn~ys fees and clai~ wha~socvtr aristar from any broch or dcf~uh by Buyer of any or iis rcprcscma~iom, w~andts, covcnams azd cbhra:~en~ dcscn~ in this Contract. The provisio~ of ~is Section 1020 shall sue'irc Closing 10 21 DISCLOSUR~E..S: RADON GA._$ fa) RADON GAS DISCLOSURE: Florida law requires thc following dlsc]osur.- Radon is a naturally occurring radioactive gas thal when ~t has accumulalcd in a buildin~ m suf.qci.,:n: quantifi~s, may present health risks t~persons who arc exposed to it over lime Levels of r~don cxcc~d fedora! and state guidelines have bccn found in buildings in Florida. ^dali:tonal rc~ardmg radon and radon I~ting may be obtained from your count],, puJ.hli.9,"health unit. Cb) Within the first thirty (30) days of the Inspection Period, Buyer ma}.. al Buyer's expense, have ~hc Property inspected for the presence of fi) radon g~s by a state-license4 radon mc.a. sured tcchnioan or specialist and/or (ii) lead-based paint or paint haz.~ds by an EPA-.c. cnifi~ Ic~d exposure risk assessor. If said inspecfionfs) should find cipher condition to cxis~ above dcsignnlcd action lev,,Is. Buyer may. within ~hc time allow~ for such inspections, object to said condidon, s to Salter in writing and provide a copy or,he insp~don report(s). Within fivR(S) days of Se er's receipt ~hereof, agree in writing to ~ake such action a.s is necessaD, to abate the said condition below the designa:ed ac:io~ levels if Seller fails to so a~ree or fails to respond wi~in ~e afor,'said five (S) Oy period. within five ($} days ~er,'~fler notify Seller in writing of Buyer's cancellation of this Contract. 10.22 PROPERTy RETAIN'ED BY SEI,I,I~R. An,ached hereto ~ E.'thibit 'B' is ' personal property and fizrur~ retainoci by Seller afie% r. he Closin.~ which property shall be removed fram · c Propcr'~y to a location determined by Seller. Seller shall replace the stain~ ~lass windows it is removing with repbcement gl~s windows. The two (2) temporary classroom trail-.rs n~a~' thc south end of thc Property are not owned by Seller, arc not bcin~ conveyed to Buyer hereby and are not subj¢c: te ~his con:tact ' IN WITNESS WHEREOF. Ihe Contrac~ has been da]" and ).'ear set forth halo'.,,' WITNESSES BUYER: INTERNATIONAL COLLEGE. INC., a Florida non-~rofit corporauon ~ ~ .~_ ~/] ~..__._. , Co.'7"0 r a: e Sea!, Ten'y P. ~'~cMahan'. P~sJdeni NORTH NAPI.ZS UNITED METHODIST CH'L:RCH. IN'C a Fi'~r;da ~nq~t~fit cor"Cdr'~ation D~vid A. ZJccartlli. Ch~i~a'n '~ of Board of T~s~es lO, OCT i 3 1998 ACKNOWLEDGEMF~NT OKI)ATE OF AG_P._F.~.F~,~.'_T FOR PUR¢I{Af~...,,ND S-~I.E The undersigned acknowledge and confirm that that certain Agreemen: for Purchase and Sat': entered into between NORTH NAPLES UNITED METHODIST CHURCH, INC., a Florida nomprcS: corporation, as 'Seller'. and INTERNATIONAL COLLEGE, INC., a Florida non-proS: coproratio,':,. as 'Buyer', for a purchase price of $3,000,000.00 for the prope~y described therein and located at 6¢~5 Seagate Drive, Naples. Florida. was executed between thc panics on April 30, 1998 and sa:d da:: sea:: comc, titute (he 'Effective Date' as described in said Agreement. BUYER: INTERNATIONAL COLLEGE. INC' a Florida non-profit corporane,-, Te'r~y P. McMahan. SELLER: NORTH NAPLES UNITED METHOD:ST CHL'RCH. ;NC a Florida non-profit corporaue~ tCr':F-:;:t "Stanley~ Bilhc[. Chalrma:: Admmi~lrauve Counst~ OCT 1 3 1998 PO, EXHIBIT "A" LEGAl. DESCRIPTION The N690' of the W330' of the NW 1/4 of the NE 1/4 of Section 16. Township 49. Range 2.5. Collier County, Florida: aka parcel #8, Block 008, Section 16-49-25. (ID #26428006), more commonly known as North Naples Methodist Church. 600 Seagate Drive, Naples, Florida OCT 1 '~ 1998 EXHIBIT "B" Fixtures Retained By Seller SANCTUARY 34 pews h, Communion rails Rogers organ (model 840). and all peripheral equipment All sound equipment Wooden cross with brass Modesty screen All track lighting 10 chandeliers Stained glass windows, front and ;ear OTHER Playground equip~nenl Burdette Memorial Live Oak Tree (Iocaled in elementary playground) Wooden 'gale! wall' in nursery Founders Hall sound equipment Jones memorial bench (located outside music room) Cross- Room 403 Shelving- Room 403 Cabinets. Room 404 Shelving and cabinetry- Room 408 Choir pews- Music room Cross- Youth lounge Cross- exterior or' sancluary Telephone syslem, including switching equipment but excluding wiring OCT ]. 3 1998 ACKNOWLEDGEMENT OF DATE OF AGRE£..S. IENT FOR PURt~FL~,$E AND cn~c~ m~o bc[wccn NOR~! NAPL~ b~ITED ~ETHOD]~ Ct~RCtl, [~., a Florida ~c~-; :cfi: ~ra:ion, as 'Selle:', a~ IN~E~ATION'AL COLLEGE, INC.. a Florida non-profii cc;:c:a:~;m as 'Buyer', for a purch~e pri~ of $3.~.~ ~ for ~he pro.ny described ~herein a~ }oca:e~ ~: 6~ Seagate Drive, Naples, Florida. was executed ~:wetn ~he parries ~n April 30. I~ and s,~ ~a:: sh3V constitute [h~ 'E/reclive Dale" as descried m s~id Agreemen~ h",'T£RNATIONAL COLLEGE. I,','C. a Florida non-profit co."pora:~on Ter'::, P. McMah3~, Pres:den: 5ELLI~R: NORTH NAPLES UN/TED METHODIST CF.'L'RCH. I.x'C a Florida non-profit ccrporll:,cn Bx "Stanley~ Bilhc~. Cha,:man Administrative Counsel 0CT131998 TRAFFIC IMPACT STATEMENT FOR THE INTERNATIONAL COLLEGE Submitted as part of a Rezone Application for a site at 600 Seagate Drive, Naples Florida PREPARED FOR: International College, Inc. 2654 East Tamiami Trail Naples, FL 34112 PREPARED BY: WILSON, MILLER, BARTON & PEEK, INC. 3200 Bailey Lane, Suite 200 Naples, FL 34105-8523 RECEIVED JUL 1 4 5~ p~.A,.N,Nt3 SI~, ,\ ,~E. .July 1998 R 95- C5 OCT 1 3 1998 ILacko~round The International College. currently located in the Gulf Gate Shopping Plaza at 2654 E. Tamiami Trail ~md 8695 College Parkway in Ft. Myers, proposes to acquire the existing Norlh Naples United Methodist Church site at 600 Seagate Drive, and relocate all of its Naples facilities to that location. The new 5:0 acre site, located approximately 1/, mile `'vest of U.S. 41. is intended to house both instructional and non-instructional sen'ices in the existing campus-like environment. Permanent structures on the site total approximately 21,000 square feet in floor area with a potential for an additional 4,000± square feet of area gained by enclosing existing space (creating a second floor mezzanine) within the existing main church building. The site is conveniently located to the majority of the student population, and will offer an attracti`"c ahemative to its current location, while supporting the success of the college for ,,'ears to come. The proposed site is buffered from adjoining properties, and is directly accessible to thc arterial highway system without requiring students and faculty to travel along local residential streets. The Naples campus of The International College currently supports a total student enrollment (full- and part-time) of 282 (1997 reporting p,:riod). The Ft. Myers campus supports a student population of approximately 280. An additional 20 students are supported by off-campus and "distance learning" sen'ices. College officials anticipate a grovdh in the student population equivalent to approximately 10% per year for the next five years. College officials also expect an increase in course participation at "satellite" locations and through distance learning technology. This expected increase in the student population can be adequately sen'ed by the proposed site and its existing facilities (buildings and parking). Although the Naples campus supports a total enrolled student population of approximately 282, it is important to note that only about 50% (averaging 142) attend classes on any given da>'. Thus, the daily (and hourly) traffic impact is actually based upon the "attending students" plus faculty and non-instructional staff. 1998 866L T. ' LIOO tI. ID1JU ml~ m umfu pu~ ~mmotu o,41 u! ioott~s-o.~d mo.Ij/o~ u,.~pl!tD .~!otll o~1 ol ('>1, "P^I'[l "Plq uo~×e.O "~'*) speo.~ it~ool 'Su!.~oqtt~?u mi1 ~uolt~ la^e.q .~,fuo[ ou X~!~ ,q] u! sa!i!ureJ su s~oa21s l~!luop!so.~ lUaO[ uo ,(I[A!IO~ 0141 ~u!anpo.z ,iq ~o.re oql u[ o~Jml ~^o.~dtm o~ Xl,:~![ oslu si ash u! a~tmtla ,t[~ ~,q~ slua,,,a.~ uogmmoju! apoad!z jo s!s,([mn? ue · oUjusl lOOqaS a!lqnd ,ffu}aoqqfl}ou aql ql[,~ s.~noq ~um~otu aql fiu!2np sla!lJUOa tuo.~j gU!llnsa~ uo}lsoi]uoa ,%!anpo.~ '."t'u*d 'tu'd aql ol 'tut oql mo{l slj[tls atIJ~.~l .yeod otll 's,sn u! a~auutla at{: ql!,'~ ..,xot[ s[ 'olou lU!aads JO 'qo.mqD oql ,iq polm;~uo;~ lt2ql u~tl'l ss=[ .(l[t~[ltrelsqns s~ a,%llOa oql ,(q p~lmou~ a~j~.q ~ql 'O~OlIOD [~uo}l~moluI aqljo sa}ls.uola~q~ r~u[.~tu'd!~l ptre uo!~elndod luopnls oqljo asnea,q 's,vm[ioJ l~tl.1 s!s.(i,u~ oql u[ uwoqs aq [l!.',x se :s~notl .'i'~od uootualj~ *ql z~uFmp gumnaao .;.l!,X!l,~t aql jo .,llnq oql ql!~ 'suo~ssas .~uP-IinJ puu -jimt lu!luassa solmodo ,~ol[oD [~uogutuo~uI aql 'uo!lmodo iooqos-a.~d ~t{~ o~ .~Ul!tU]S 'saa[,'~os imaunj puu sflu!ppo~ sm qans s,o~,s p,lnpoqas .(l.mtnffa~.uou s,p!^o~d .(llu*nb=.~j OSlU tta~nqD aq~ ',;.lleuog!ppv 'sa}l!^!la~ flume,,,, ptm atu!l-.<ep Palnpaqas .,~l.m[n:8,.~ sno.~,tunu puu 'saB!l!a~J looqas-a~d ,(up>laOax 's,m.,dos d}qs~o~ i]utuo^, ptm :Su[tuotu .(upun.$ §u!pn[am .(l![}aej aso~nd-!l[ntu ~ sol~.~do qa.mqD ls!poqlol, q p,l[uF1 sold~N til~ON aql 'luos,xci ~V '(0r%I1O2) luuo!:mualuI aq..l.) ash posodo2d ptre (qaJnqD ls!poqlaDl pol!ui.-1 saldt~N quoN oql) ash ~u!ls[xa Xq palmouaff ptretuop aUjm1 aql u! soau,.~ojj!p oql *z!ufloao.z o! [~lu,sso s! ~! ',.~!l!aej qa~ntla asod.md.[llntu u se padola^Op .(llUa.una si al!s pasodozd =ti{ a>u}.q s!S.(luuV l:~udmI aUj~:a.l. EXIIIBIT I Sunday I 'e.v)er.~ t'~'eek/y ()ctober - UMYF (wcekly) Lc., ,4rotes (quarfi,rl)j 3~antsh Bible Study Monday Ear([' Chtldhood,geminars (ht.monthb7 United Methodist .Wen (monthl)7 Cub Scout Pack meeting (monthly) Building Commitwc (monthly) Fideli~ Circ& (month69 Finance C3mmittee (monthl)9 ~dministrative Council (monthl)7 Cub Scout General Meeting [month[)7 Tuesday Stephen Ministo. Training r~ekl),, danuao,. M~) Stephen ~hntsto. Supcn'isors (monthb.) Disciple Bible C[as,e.v f2) tweed/r, October. ~priO A¢w Members Orwntation (month~,9 Cub Scout [x'aders rmonth~9 Umted ~[ethodtst It'omcn Small Groups t ~x'e$ (~? Wednesday Divorce Rccoveo. (week4~7 Couples Bible Stu4, (bt-monthly9 Sanctua~, Choir Practice (a'eek~l; September - Mid'Heh/Sr -tteh I/MYF (wee~9 Summer Jam (weekly. June. AugusO Thursday Thur$d~. Ntghl Dmnerx (weekh'. October. April) l~rious Classes (weck(v. October. ApriO Truxteex (monthly] Mi~$ion Commi.sxion (mOnlhl)V dexsie Circle (monthly) Young Iffoman ~ Circle (monthly) Stngle Groul~x Friday g lu.~ teal 0 'ear (~'1 II 'eddtn~, Reh,'arsa[.~ ~a.r needed1 ('lax.¢ Dtnnt'r.q Saturday Other .S'ocia] Dress Rehear.~'al.v Supper CTut, (qu,rlcr~i,. m~' become mot~th(r] Participants 5O 30 200 25 Participants 20 50 10 15 15-20 10 20-25 I00 Pa rlicipa n Is 12 30 20 15 lO 75 20- 100 Participants 15 6 35 100 150 Participants 250 75 10 8 20 15 15 Participants 350 10-20 20-3O Participants 25-15(I Varies varies 60 OCT 1 3 1998 .4 In order to evaluate the currenl traffic characicristics of the existing uses, an analysis of the hourly traffic activities for each day of the week ,,,,'as prepared. The trips generated were estimated based upon file individual characteristics of each use. The specific North Naples United Methodist Church trip generation characteristics were then compared to the industry standard Institute of'l'ransportalion Engineers (FI'E) trip rates and were found lo be comparable both in total daily rates as well as peak hourly rates. A comparison is shown in Exhibit 2. EXHIBIT 2 ITE estimates (Church 1#5601+ Pre-school 1t, 5651) Average ;¢'eekMcr)' Trtps [9 1 I/KSqFt]" [3 I. 19/emp.] Peak Hour Trips [. 72/KSqFt]* [5.13/emp] Wilson. Miller estimates (Church * Pre-school) A vera~e il'eekz/a3.. Trtps Peak t/o~.'r Trtps Total 972.67 140.82 Total 965 150 A similar analysis was performed for the college activities. Because the class schedules and student enrollment figures var5.' by semester, two different semesters (Januars.' - April 1998 & Ma,',.' - August 1998) were examined for consistency. Although some variation occurs on a daily basis due to the number of classes offered and the enrollment during each semester, the only obvious difference noted resulted from the absence of Friday classes during thc May - August semester. Because the Friday attending-student count is Iow as a matter of course, the difference, while obvious, is in fact unremarkable from a traffic impact standpoint. A comparison of estimated trip generation characteristics (Wilson.Miller versus ITE) was performed to veri~' the validity of the local data and analysis. The comparison is shov.'n in Exhibi! 3. EXItlBIT 3 ITE estimates (College 1#5501) ,4 vera.ee if 'eekd~' Trips [2.38/student] Pc,Jk fh,u~ TrtPs[ 2 ]/Xtttdt'l~t] %'ilson'Miller estimates (College) Average WeeluJt.rv Trtp.v (May-August 199A)tMon - Thurs ) ]'t'ti~ ]/oltr Total 337.37 29.77 Total 328.3 99.5 It should bc noted that v,h~l¢ the d,ul.x tr~p rates are comparable, the }ngher"l c:,t. ~ ..... " ..... 1~.t,,. ~ trip rate estimated by Wilson. Miller in this analysis most likely results from wt at is TM ~] OCT 1 3 1998 probably a higl~cr that average evening class attendance pattern of' local students that would affect tile I~M Peak }tour trip rate. In an analysis such ms this. when changing from one use to another, it is important to use locally developed estimates so that hourly traffic impacts can be effectively compared. The above comparisons reveal that the locally developed estimates of traffic can be reliably used to compare the impacts ofone use to another. Exhibits 4 & 5 compare the hourly and daily traffic from the existing Church uses activities and the College use. On a daily basis, the Church can ~eneratc as much as 933 trips per da.',', while the College will generate 328 trips per da>'. During the PM peak hour. the Church can generate as much as 167 peak hour trips while the College can generate as much 119 trips during the PM peak. It is clear from the analysis that the existing Church-related uses have the potential to generate almost three times the amount ofdaity traffic as the College. The analysis reveals that. due to the characteristics of the pre-school travel demand, the daily traffic from the existing pre-school facility alone, exceeds the total traffic generated by the College. During the peak AM period of the da.,,', the Church operations (primarilv. the pre-school) will generate approximately 350 trips each da',' as compared to the 60 expected b,`' the College. This is an 83% reduction in the amount of morning traflic contribute b,`"the site to area roadways. This significant reduction during the school year has the addc~t benefit of reducing thc traffic competing v. ith Seagate Elementary School traffic. The most notable differences in traffic impacts will likely be those resulting from the reduction of"v,'eek-end" activities normally associated with the Church operations. Because the College offers limited Saturday classes and no Sunday classes, the net reduction in trips generated on weekends will be significant. The Church operations on Saturdays. and of course on Sundays. means that weekend activities can often create tile greatest traffic impacts for the entire week. An additional benefit to the adjacent streets results because of the reduction in worship sen'ice traffic on Sunday mominns that ,,','ill no longer be contributing to the roadway congestion because of oth'er churc}~s in the immediate ama. Future Conditions Both thc N,~rth N:~plcs [inited Methodist Church and the Intern~::ional (_'olle[2c have been experiencing gr~wth in their demand for sen'ices. The Church has doubled i~s activities in the pas~ fix'c years, and expects to double again with another five years, thc College has estimated a morc modcrme growth based upon recenl historical trends. (irowthin activities translates into increases in lra['lic To evaluate such gmx~2h estimates, this analysis has cst/mated thc grox~qh in traffic impacts over the next five 5car period. E. vhibit.~' 6 ch:~ns :he student grox~lh expected by ire College, and Exhibit 7 ccmpar~~ z grox~thintr;d'fic ?nerz~tcd bv the Church to that of thc Collcge. Nt}lcthatrd~l~mgh'¢ ~/ OCT 1 3 998 r~d 0O6 Iqd O0 9 r~d fid fid z ~) rfYO0:6 Q. I~1¥ OOg z g /,GE "'~2 ~ v :. OgT i 3 1998 ~'ld OO 6 I~d O0 g I~d INd OO 9 I~d O0 6 ~d 00£ ~'Id 00'~' I~¥ O0 0% IN¥ (X3 6 ~'~' OOg unS o 000000~0000000~ r O O E OCT 1 3 19~8 EXHIBIT 6 International College Projected Growth Student Population(t) College AWDT ^WD Trip Rate (Entire Student Pop.) AWD Student Population AWDT (Daily Students) AWD Trips/Student Attending 1998 1999 2000 2001 2002 290 320 350 380 420 361 398 436 473 523 1.24 156 172 188 204 225 361 398 435 473 522 2.32 International College Projected Growth 60O 500 400 3O0 200 100 1998 1999 2000 2001 2002 College AWDT Student Population(I) A AWD Student Population Entire student population, not just students attending classes on an average day OCT i ~ 1998 EXHIBIT 7 Projected Traffic Growth International College & N. Naples United Methodist Church Church Activities AWDT Projected Traffic Growth Rate College AWDT Projected Traffic Growth Rate 1998 1999 2000 2001 2002 933 980 1029 1080 1134 5.0% 5.0% 5.0% 5.0% 361 398 436 473 523 10% 9% 9% 11% Projected Traffic Growth 1200 IOO0 6O0 400 ..... ~ ................. 2OO 0 1998 1999 2000 2001 2002 Church Activities AWDT ~College AW'DT mChurch leaders predict a 15% growth in the Congregation, resulting in a doubling in five years. A 5% traffic growth ~s being predicled as aresult of increased activities OCT 1 ~1998 Church officials estimated a doubling of activities in five .,,'ears (approximately 15% per 3'earl. this comparison conservatively estimates a 5% growth in Cht~rch-related traffic. Again, it is clear that tile potential for increased traffic impact is greater with tile existing Church-related activities. As Exhibit 7 indicates, even with fix'c >'ears of growth, tile College-related traffic impacts are expected to be less than the current Church-related impacts. Surrounding Traffic Impacts As stated above, the proposed use will generate far fewer trips on a daily basis (especially on weekends) than the existing uses. A reduction on adjacent local streets should also b~ experienced since most of the traffic to and from the College will be coming directly through the Pine Ridge Road/U.S. 41 intersection, as opposed to the church related iraffic that often now finds its way upon the local neighborhood residential streets. As part of this analysis, a survey was taken of the current student population that revealed that 99% will get to the campus via Seagate Drive through the U.S. 41 intersection. The results of this sample survey are consistent with the analysis of the demographic characteristics of the student population presented in the Appenciix. A cop``' of the result of the survey is also included in the Appendix. Because tile purpose of this proposal is to relocate an existing college thcilitv to a site within the same urban area, as well as relocating the existing chur.:h facilitv'to another location vdthin the urban area, there is in essence no change in the overall iraffic demand of the uses. What does change is the impact of that demand on various roadways. A review of the current operating conditions of roadways in the area reveals that facilities currently operate at unacceptable levels of service. The area of greatest benefit will be the East Tamiami Trail area since the relocation of the College to Seagate Drive will result in fewer trips impacting the East Trail. Traffic impacting Seagate Drive is expected to be reduced significantly during the day as a result of this relocation. Impacts along the major arterial roadways most affected are expected to be negligible, being less that 0.4% of the kOS "C" capacity of Pine Ridge Rd.. less that .2% of the LOS capacity of the Nc,nh ']"rail, and less that .3% of the LOS "C" capacity of Goodlette-Frank Rd. h2rhibit 8 shows the related impacts on all arterial,collector roadways within the area of inlluence of thc Noject (see also the Traffic .4.ssi,wmwnt :l.Iap in ,he Appendix ). 1~ should be noted that the xalues included in Exhibit 8 are no__! net increases, rather the',' represent all of the traffic associated with tile College. No credit }las been taken for the corresponding reduction of trips resulting from the relocation of the Church 1o another site. 1998 EXtIIBIT 8 1997 1997 LOS "C" 5% Site Roadway Sep..me*~! AADT LOS Capacity LOS "C" Traffic US 4I . ?4 r,f l't,~e Rtd3.,e Rd 43.423 C 53.400 2,670 36 US 41 - .~' ofl'tn~.. RtdA, e Rd 46..588 (' 53.400 2,670 82 Pine Ridge Rd - t; of US 41 32,931 B 53,100 2.655 203 Seagate Dr - lC. ofU. S 41 13.841 C 23.800 I. 190 328 Goodlettc-f"rank l"d ./~' of l'tt~e Rid~,e Rd 16, 789 B 18,300 915 16 Goodlcttc-F'ra~& Pd - S of Pine Ridge Rd 28. 543 B 34, 900 1. 745 82 Conclusions The data and analysis include in this TIS supports the following conclusions: The trafllc itnpact of the proposed college use will be substantially less than the existing church-related uses. o The normal hours of operation for the proposed coIle~.,.e use will result in a significant reduction {~f traffic during peak periods, and especially on weekends. · Traffic impacts on local neighborhood residential streets is expected to be less than now normally occurs with the existing church-related uses. · Future traffic impacts resulting from growth in the college student population are expected to be less that current (church-related traffic) levels, and far Jess than the impact that would be attributed to increases related to the expected growth in church- related actjvi:ies. OCT 1 3 1998 12 Appendix Traffic Assignment Map · N. Naples United Methodist Church Pre-School Students by Zipcode · Pre-School Students b), Zipcode Map · International College Student Population by Zipcode · Student Population by Zipcode Map · College Student Demographics · lnter~ational College - Student Population by Race & EthniciO, · l~tternatio~al College - Student Population b), Age & Gender · International College Full-Time & Part-Time Students b), Age · b~ternational College D'ave! Sur~,cv ..,o~,y:~ ,/"r~ / OCT 1 3 '1998 SEAGATE 328 SITE AWD CO PINE RIDGE RD 62: 203 AWDT ZRA/'FIC A$SI6,'NM£NT M.4P I NT['F?NA T I ON/1L COLLEGE g'ILSON. MILLER. BARTON & PEEK. INC 105 A WD T oct N. Naples United Methodist Church Pre-School Students ZIPCODES Student Population (1998) Loc. Code Location 34102 CN 34103 CN 34104 CN 34105 CN 34116 CN Number of Students City of Naples City of Naples Central Naples Central Naples Golden Gate City Area 3 29 5 8 4 % of Total Pop. NN NN NN NN NN NN NN RU RU RU RU RU Ft. Myers N. Naples N. Naples X. N. Naples N E. Urban Area X, N. Naples & Bonita Springs E. Trail (E. of SR 951) Golden gate Estates (incl. "So. Blocks") Orange Tree/G. G. Est. Area Everglades City Immokalee 33912 341O8 34109 34110 34119 34134 34135 34114 34117 34120 34139 34142 34112 SN E. Naples 34113 SN S. Naples 34145 SN Marco Island ' ~'"~. 3 I1~ I 34101 Unk P.O. Box 34106 Unk. P.O. Box 33908 Unk 33928 Unk. · . ~ ::-~,Jll~i~t'~_~-. " Grand Total 0 14 35 8 12 3 1 0 4 3 0 0 " 3 0 0 2 136 7/2/98 · E - XKB01~ XLS 1998 (- 0 c' ~ Ow-'~J~O C,O~JN T'Y C~£R Z COLLI[R COUNTY c2j~ (~ ~f-~CO 866 g '[ .LOO %I' %0~ -.dod lelOl ~o % 6 1. I, 1. 9 O~ 01. gl. 0k O~ 90~ 9 6 6~ s),uepnis lelOl puejO xoB 'O'd xes 'O'd PUelSl ooJeJAJ SeldeN 'S SeldeN '3 eeleHowgul XI!O sopeleJe^=I eeJv 'lS:l '9 'Oleo J1 a§ueJ0 'os,, 'leU!) selels:! ele~ uaplog ( I. g6 MS jo 'q) I!eJl 'q sSu!JdS el!uo8 s§u!Jd9 el!uoB ~ seldeN 'N '× eeJV ueqjf-I '3 'N Selden 'N 'X selden 'N Selden 'N sJeX~ eeJV/(1!0 Oleo uePlO~) SeldeN leJlUeO SeldeN leJlue0 SeldeN jo Xl!C) Selden jo Xl!O uo!le::)o"i ~0 JaqLunN 90~g 6g~g O~bg gg~g 6~ffg O~C 60~C 90~C lelOJ.'>lUn '>tUN '~UN 'HUN '~lUN lelO.L NS ' NS NS NS lelO.L NM N~J N~J N~J N~J I~lOj. NN NN NN NN NN NN NN NN lelOJ. NC) NO 9~ NC) g0~g NO ~0~,~ NO NO 'p0d sf q60ai -- 'oo-1 (B66 I,) uop, elndod luepnls eJ ellOO leUO!leuJelUl ~ROW~J~O COUNTY DA~( COUNty O. 0 COtut~l Z CO~.LICR C CX,/N r Y L~6 8S (~3~-~' Of OC~ College Student Demographics 1997 (October) Enrollment [] 79% of all students are female I:2] Average age of the student population is between 30-34 [] Only 11% (31) of the entire student population are below the age of 22 [] 60% (170) of the entire population are 30 years of age or older [] 28% (79) of the entire population are 40 years of age or older [] 45.5% (128) students attend full-time 54.4% (153) students attend pad-time (1998 Enrollment - 100% Student Population) [] 21% of the students reside within the North Naples area [] 42% of the students reside within the Central Naples area [] 20% of the students reside within the South Naples area [] 13% of the students reside within the Rural Area of Collier County [] 4% of the students reside in other areas (1998 Enrollment - Sample Student Survey) [] 24% of the students will travel to school from the North Naples area [] 25% of the students will travel to school from the Golden Gate area E:] 27% of the students will travel to school from the East Naples/Lely area [] 10% of the students will travel to school from outside the Naples area I:2] 9% of the students will travel to school from the "Old Naples" arcs r.3 5% of the students will travel to school from the Business 41 are; OCT 1 3 1998 International College Student Population by Race & Ethnicity as of October 1997 White, non-Hispanic Hispanic Asian or Pacific Islander American Indian or Alaskan Native Black, non-Hispanic Nonresident Alien Race/Ethnicity Unknown ,~,' 't ' ~ ..... · ::--o .,~.' . Full- Part- Time Time Total 95 74% 134 87% -229 14 11% 7 5% 21 3 2% 0 0% -3 4 3% 3 2% .'-7 10 8% 10 6% ' ':20: 1 1% 0 0% ','1' 1 1% 0 0% '1 128 154 ,282 81% 7% 1% 2% 7% O% O% Student Population by Race & Ethnicity As~an or Pac~r~c Islander 1% American Indian Black or Alaskan Native non-H:spamc 2% 7% Nonresident Alien 0% Race/Elhmcdy Unknown 0% Hispamc 8% Wh,te. non-H~spamc 82% ~ ~?, OCT ] 3 1998 International College Student Population by Age & Gender as of October 1997 Under 18 18-21 22-24 25-29 30-34 35-39 40-49 50-64 65 & over Full- Part- Time Time Totals 2 2% 3 2% 5 2% 18 14% 8 5% .26 9% 7 5% 13 8% 20 7% 25 20% 35 23% -60 21% 21 16% 21 14% ,'42-15% 18 14% 31 20% 49 31 24% 29 19% -;60 21% 6 5% 12 8% 18 6% 0 o% 1 1% 1 o% .:.153. 281 54% Total 1,28.; 46% Male 0 0% 1 2% 2 3% 8 14% :~1 ~4 24% 12 21% 14 24% 7 12% 0 O% 58 21% Female 5 2% 25 11% 18 8% 52 23% 28 ~ 3% 37 ~ 7% 46 2~% 11 5% 1 o% 223 79% 40-49 22% Student Population by Age 50-64 65 & over Uncier 18 6% 0% 2% 18-21 9% 22-24 7% 35-39 17% 30-34 15% 25-29 22% OCT 1 3 1998 International College Full-Time Students by Age 40.-49 24% 50-64 65 & over Under 18 5% 0% 2% 18.21 14% 22-24 5% 35-39 14% 30-34 16% 25-29 20% International College Part-Time Students by Age 40-49 19% 50-64 65 & over UnOer 18 18-21 8% 1% 2% 5% 22-24 8% 35-39 2O% 3O-34 14% 25-29 23% OCT 1 3 1998 ' .......... '~ I ........ IL! International College Travel Survey 1) I attend as a: 13.7% 54 9% 31 4% 24 day student 96 eventing student 55 day & evening student 175 2) I am: 81.2% 18.8% 138 32 170 employed either part-time or full-time not employed 3) I travel to school: 91 5% 162 driving a vehicle 1. ~% 2 by carpool 6.2% 11 by being dropped off and picked up later 0 6% 1 walk 0 6% 1 other 177 4) When I leave to attend my classes at International College I leave from the: 25.3% 23 6% 38% 24.2% 9,3% 17 88% 16 44% 8 05% 1 182 46 Golden Gate area 43 East Naples area 7 Lely area 44 North Naples area Old Naples area Area outside of greater Naples 41 Business area Marco Island 5) If ! am still a student when the College relocates to 600 Seagate Drive (down the street from the Registry Hotel), I will primarily use the following route to come to school: 36 9% 251% 25 1% 112% 1 7% 0 0% 66 Pine Ridge Rd. to Seagate Dr. 45 Goodlette-Frank Rd. lo Pine Ridge Rd. to Seagate Dr. 45 Travel North on 41 and turn onto Seagate Dr. 20 Travel South on 41 and turn onto Seagate Dr. 3 Crayton Rd. and turn onto Seagate Dr. 0 West Blvd. and turn onto Seagate Dr. 179 OCT 1 3 7998 :. .... U:.-~''~''E'I"'~'~-' ,-'-"-~-NA~NCE NUMBER '''--~, -.":-" ~.;:-LiEE 2DU,~Ty LAND CEVELD.~>:E:~T a.~. :~-~£::~zD :'HE COMPREHEN£1VE ZCNi~':7 EESULATi9:;S FOR THE LrNINCORPOP_ATE: ' ..... ::t' . ~7I,; , FLORIDA, BY A-":E::Li::Z THE ZFFiCiAL ZONING ATLAS :/,AP :CD<EE~ :"--.if:: 5'.,' ~.:{;~:.q:::% TI{E ZCNIN~ CiJ...%Z:F:qA':'%:; OF THE HEREIN DESCRIBED ~ROPERTY LLTATEL WEST OF THE INTERSECTION CF SEAGATE LPi';E ;C~D WEST BOULEVARD SECTION 16, TOWNSHIP 49 SOUTH R~GE EAST CO .... ~ ' .... '-~. COb'NTy, FLORIDA, FROM RSF-4 TO CF FOR A COLLEGE: PROVIDING FOR STAFF - - IPULATIONS: A~D -. ~R .... ~.,~ ;C, EFFECTIVE DATE. Er. ::eno '. £.~agna cf Flor:da :-eF:esentan: lnterna:acnai 2zllege, ins., 7e:zt:zned the 33'znty i:~lssauners t: ~nange the cf the herezn descrzhed real ursr~ THEREFZRE EE '- iRZAit;EZ 5Y THE ESAR/ CF ?iLLiEE 22t~tT':', FLORIDA: ': F::-t::'-iarly ie£rr:zef bl.. E>:n:t:: 'A", attacked hereto :r-z:rF:rated ky reference he:'e:n, and *:ca:ed :n Sect:zn i~, l:'wnsn:F 4~ South, Range -~ E~st Csii:er .... }4 Tf. 3~es .cz-RSF-4 tz iF ani the '2fflc:a~ Zzn:nu Alias ............. nance 91-1.:2, --~nty Land Ze'.'el-a-~-- 2:de lc h~r~h-, amended arccrdin~ly. -ne · .---: is the same for wnlc~ the rezcne .s her~Zv a~prcved =u~]ert ts the foilowln~ ccnd~tlcns: ~ ' · '7ses on thls site shall be ilmited tc 4. .;ses aha any use ~erm:tted by rlght ~n the :iF zsnln~ 4~ district except srcla! and fraternal 4~ ~ ' · Related t: the ~rsr.-=~d rcl!ece u~ nc cutdscr 45 acti'.'itles, stuuent LCUSln~ c~ r~creatlcnal ~( fac:lit:es skil' ~ developed or occur cn site. · - --~ the ~- ~~ ~ CO . e use, 4~ student aT[i'.'i~les and qenera~ hours o: s~ai' Tease at 22:5~ p. . seven ,7 days a wee<. !: Classes snail ntt t= held cn Sunda'/s. ~4 OC'~ 1 3 1998 i 4. 7r:cr tc The :ssuance Cf an':' ?ert:f:ia',, -f :.rcu~ar. ry, the slte shall he ursuqnt uF t: ~ne '~ requ:rements cf 21',':slcn 2.4, Landsca~:n~ and ..... rln~, c. the Land Development Csde. ~ 5. An a~rc~rlate portlcn cf nat:'.,e '.'eqetat:rn shall re%alnea cn si:e as re=ulred in Sectlcn 3.9.5.5.4. ~ cf the Land Deveiopmen~ Code. ;~ 6. The petltlcner shall i~plement an exctlc ','egetat:~n i~ re~cvai, monltcrlng, and malntenance .exotic free " Elan for the sub,est ~roperty. This ma:ntenance ~5 plan shall be ~mpiemented on a yearly basls at a · S~s .... on ............ :~ De','eicum~-- Code :~ 7. Use c~ the ex:st~n~ structure at the rear cf the i~ s:te sha'i be l~m~te~ to adm:n~s[rat~ve offlces and -a.u,ty cfflces. No classes shall be held in th:s 2e~art~ent tf State. .; 2~ 44 4~ 49 ATTEST: iWiSHT E. BROCK, CLERK .iSLLiER _-5'.~.~.-':' ?L'-FiEA OCT t 3 1998 EXECUTIVE SUMMARY PETITION NO. PUD-98-5 MARK W. MINOR OF Q. GRADY MINOR 8: ASSOCIATES, P.A., REPRESENTING WILLIAM E. TOULOUMIS REQUESTING A REZONE FROM "A" AGRICULTURE AND "PUD" PLANNED UNIT DEVt£LOPMF~NT TO "PtJD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS WAI.GREF. NS PUl) F()R A COMMERCIAL SHOPPING CENTER ON 15.68 ACRES OF PROPERTY LOCATED A'F TIlE SOUTHWEST CORNER OF AIRPORT-PULLING ROAD AND VANDERBILT BEACH ROAD, IN SECTION 2, TOWNSHII' 49 SOUTH, RANGE 25 EAST, COLI.IER COUNTY, FLORIDA. OBJECTIVE; The petitioner seeks to have land described herein rczoned from its current zoning designation of Agriculture, "A" and Planned Unit Development, "La Fontana PUD" to Planned Unit Development, "Walgrecn$ PUD" for the purposes of building a commercial shopping center with a maximum of 156,800 gross square feet ofcommercial development on a vacant 15.68 acre site. CONSIDERATIONS; The site is located at the southwest comer of the intersection of Airport-Pulling Road and Vanderbilt Beach Road, within a Mixed Use Activity Center as shown on thc Future Land Use Map. The western 9.994 +/- acres of thc site is presently zoned as La Fontana PUD. Thc remaining portion (5 +/- acres) is presently zoned Agricultural, "A". This petition purports to rezone this 9.994 acre PUD and the adjacent 5 +/- acre parcel, from PLID and Agriculture, to Walgreens PUD to allow commercial uses generally found within the Conllllcrcial, C-4 zollinu district. The requested rczoning proposes to allow thc site to be developed with commercial h~id uses, which may include a shopping center with outparcels, or a single hotel site with a commercial outparccl. Most of the development of commercial uses will occur along thc front of Vanderbilt Beach Road and Airport-Pulling Road. A portion of thc southwestern section ol~ thc site will contain approximately 4.71 acres for water management and native vegetation retention. The proposed Master Plan indicates that access to the site will be provided via txvo points of ingress/egress from Vanderbilt Beach Road and one from Airport-Pulling Road. Thc final location of access points along the major roads will be coordinated with adjacent development to the north and west such that future traffic signalization may be accommodated. All structures on site will be required to comply with the County's architectural and design standards. Development Standarql5 - '1 he proposed development standards for the project are similar to thc C-4 zoning district standards xvhich most closely characterizes the uses authorized by this district. However, building heights arc limited to 50 fcct except tbr thc hotel/motel usc which is permitted at a maximum height of 100 feet. The petitioner is requesting additional signage in the fom~ ofonc (1) additional director), sign. and one (I) development identification sign. Each sign is proposed to have an allowable area of up to 250 square feet per sign face. The development identification sign is proposed to bc located at the intersection of Vandcrbilt Beach Road and Airport-Pulling Road. This requ, addition to the allowances provided by the Land Development Code which pemfit individ :st is %~t~~ ual OCT 1 3 t998 parcels with 150 feet or more of frontage one ( 1 ) pole or two (2) ground signs, as well as permitted wall signage. The present code alloxvs multiple occupancy parcels such as shopping centers containing 25,000 square feet or more of gross leasable floor area containing at least eight (8) or more independent businesses, to have one (1) directory sign, 250 square feet in area. for a single entrance onto each public street. Thc petitioner's rcqucst For additional signagc will allow a total of two (2) directory signs on Vandcrbilt Beach Road and one (1) on Airport-Pulling Road, plus the additional requested square footage per sign fi,cc. It is the opinion ofstaffthat the additional directory signage is not warranted. The site has sufficient visibility duc to its location at the corner ora major intersection and the site is relatively small in area. FISCAL IMf'ACT; This PUD by and of itself will not have a fiscal impact on the Counly. However, if this request meets its objective, a portion of the existing land xvill be further developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off: set the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTtl MANAGEMENT IMPACT; The approval o£this rczoning request xvill not affect or change thc requirements of thc Growth Management Plan. The re>coning request is consistent with thc applicable clements of thc Growth Management Plan and will not have a negative impact on adopted level of service standards. tlISTORIC/A RCliAEOI~OGICAL IMPACT; Staff's analysis indicates lhat the petitioner's properly is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no ltistorical/Archaeological Sun'ey and Assessmenl is required. PLANNING COMMISSION RECOMMENDATION: At a public hearing held on September 17, 1998, the CCPC voted unanimously to forxvard PI!I) 98-5 to the Board of County Commissioners with a recommendation For approval subject lo thc tbllowing stipulations: I. Directory signs shall be limited to one (1) sign w/th a maxinmm size of 250 square feet fi)r a single entrance on each public street and shall bc permitted for multiple occupancy parcels such as shopping centers provided they contain five or more independent businesses. Any out parcel which does not have frontage on Airport-Pulling Road may be included in meeting the requirement for independent businesses. 2. At the time of initial development of the site, the developer shall install the required la buffer on the portion of the southern boundary of the site which abuts the Emerald Lakes ~UD.~°' OCT 1 3 1998 This petition was not scheduled on the summary agenda due to the appearance of public speakers who appeared at the Planning Commission speaking in opposition to the planned timing of the installation of the landscape buffer adjacent to the Emerald Lakes PUD to the south. PREPARED BY: ./~USAN MURRAY, AICP ~ - CHIEF PLANNER REVIEWED BY: DATE RO/N~MAN-A~GER CURRENT PLANNING SECTION DATE PLANNING SERVICES DATE CP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SVCS. Petition Number: PUD-98-5 Walgreens PUD This petition has been tentatively scheduled for the October 13, 1998 Board of County Commissioners Public Hearing. OCT 1 3 1998 AGENDA ITE:.; 7-H MEMORANDUM TO: FROM: COLLIER COUNTY PI, ANNING COMMISSION COLLIER COUNTY COMMT.;NITY DE\:ELOPMF. NT & F. NVIRONM [£N'I":\L SERVICES DIVISION DATE: AUGUST 26. 1998 RE: PETITION NO: OWNER/AGENT: PUD-98-5 WALGREEN'S PUD Agent: ,Applicant: Mark W. Minor O. Gradv Minor & Associates. P.A. 3800 \"ia Del Rex' Bonita Springs. FI, 34134 and William E. Toulournis, President, Olympia Development Group - Contract Purchaser 2454 McMullen Booth Road. Suite 421 Cleam'ater. FL 34619 REQUESTED ACTION: The petitioner seeks to have land described herein rczoned from its current zonint~ designauon of .Agriculture. "..V' and Planned Unit Development. La Fontana PUD to Planned L'nit Development. \\'algreen's PUD for the purposes ofbuildine a commercial shopping center development ,a'ith a maximum of 156,800 gross square feet of commercial development on a vacant 15.68 acre site. GEOGRAPHIC LOCATION: The subject property is located at the southwest comer of the intersection of Airport-Pul'ling Road and Vanderbilt Beach Road. The site has approximately 400 feet of frontage on Airport- Pulling, Road and 1220 feet of frontage on Vanderbilt Beach' Drive and is located in Section 2. Township 49 South. Range 25 East. Collier Count,.,. Florida. OCT 1 3 1998 Jr- PURPOSE/DESCRIPTION OF PROJECT: 'File \Valgreen's PL'D is located on a 15.68 acre tract at tile southxvest comer of the intersecnon of \"anderbilt Beach Road and Airport-Pulling Road. Tile ,`vestcm 9.994 - - acres of file s~tc is presently zoned as La Fontana PUD. which was approved for rezoning in February. 1993. Thc remaining portion (5 - - acres) is presently zoned Agricultural. "A". The LaFoman;~ PUD presently pemms a maximum of 120 residential care facility units with amenities at a maximum density of 12 group housing units per acre. 'Dlis petition pu~ons to rezone this 9.994 acre PUD and the adjacent 5 '-- acre parcel which is currently zoned auricullurc. ".,V'. from PUD and Agriculture. to Walgreen's PUD to allow commercial uses g'cncrallv found within tile Commercial. C-4 zoning district. The Walgreen's PUD will permit'a maximum of 156.800 uross square feet of commercial uses to be developed on site. Thc PUD also portraits hotel motel uses at a density of 26 umts per acre. The requested rezonmg proposes to alloy.' thc site to be developed with commercial land uses. which mas' include a shopping center with outparccts, or a single hotel she u'ilh a commcrc,al outparcci Mo~t of Ibc dcvclopmcm nfcommcrc~al u,,cs ~ ill ~ccur along the front of \'anderbilt Beach Road and Airport-Pulling Road. A portion ol'the southv,'estem section of the site will contain approximately 4.71 acres for water manaucment and native vegetation retennon. The proposed Master Plan indicates that access to thc site~vill be provided ,,'ia two points of ingress, egress from Vanderbitt Beach Road and one from ..\irpon Pulling Road. The final location of access points alontz the major roads will be coordinated with adjacent development to the north and ,,,.'est such that ~"uturc traffic siunalization mav be accommodated. All structures on site ,`,`'ill be required to comply with~thc county's ;;rchitectural and design standards. SURROUNDING I.AND L'SE AND ZONING: Existing: Thc subject site is located on thc southwest comer of thc intersection of Air'pon- Pulling Road {CR-31 } and Vandcrbilt Beach Road (CR-862) xx'ithin thc activity center surrounding this intersection as designated on thc Future Land [.'sc Properties in the vicinity of thc subject site. within the same activit,` center arc curremlv vacant, although at thc southeast comer a 29.9 acre parcci of land is proposed to be developed for a retail commercial shopping center. Thc northeast comer is currently' proposed Ibc development as a hotel site as pan ot'tl~c Pelican Marsh PtiD. Surrounding,' North - Vanderbih Beach Road (CR-862) parallels tile nonhero property bounda~.. North of Vanderbilt Beach Road is vacant land within thc Pelican Marsh P[;D. South - South of thc subject s~tc is vacant lane currently zoned Agricultural. ".-V' and is located within thc Activity Center boundary. 1998 East - Airport Road (CR 31) parallels the eastern bounda~, of the site. East of Airport Road. a 29.9 acre is a planned commercial retail development, as pan of ire Vineyards PUD. West - To thc west of thc subject site is vacant land which is currently zoned o Agncuhural "A" and Community Facilities "CF". The "CF" zoned tract is located within the Activity Center boundary. GROWTIt MANAGEMENT PLAN CONSISTENCY: The subject property is located in the Urban Mixed Use Activity Center subdistrict as designated on the Future Land Usc Map to the Future Land Use Element o'fthe Growth Management Plan. A review ofconsistencv relationships with elements of the GMP is as follows; Future Land Usc EJcm_.cnt - The subject property is currently zoned "A". Rural Auricultural and "PUD" La Fontana PUD. It is designated as an Activity Center on the Future l_an~t Use Map. Actix'ity ('enters are inclusive ora variety ofcommcrcial uses and activities that contain a mixture of uses and arc desitmed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development. The subject petition is for a commercial PUD allowinu up to a maximum of 156.800 square feet of commercial retail space. It may also be developed as a single hotel site v. ith a Walgrecn's drug store housed on an outparcel, or a comb/nation ofoutparccls, a hotel and a shoppinu center. The PUD documents allows uses which arc consistent with thc commercial uses typically permitted in the C-4 zoning district, which are authorized uses of land consistent with the intent of the Activity Centers as designated on the Future Land Use Map. therefore it is consistent xvith the Future Land Use Element of the Growth Management Plan. Consistency with other applicable elements of the Growth Management Plan is as lbllows: The ITL Trip Generation .Manual indicates that this petition will generate approximately 9.103 average xveckday trips at build-out. This amount ,,,.'ill be reduced once trip adjustments'lbr pass- by traffic are made. The highest (PM) peak hour trips are approximately 845. Based on this data. the site generated traffic exceeds the sibmificance test standard (5 percent of the [.OS "C" design volume) on Vanderbilt Beach Road after tnp adjustments and assiunments are mflde. However. this petition ',,,'ill not lower thc level of service below the [.OS 'rD" slandard within ~hc project's radius ofdevelopment influence I RDI). Therefore. the project is consistent x,,'i~l~ Policy 5.1 & 5.2 of the Traffic Circulation Element CTCEL The TCE lists Vanderbih Beach Road as a 2-lane road east of CR-31. The current traff for the segment is 12.846 PSDT and is operating at LOS "C". Thc Peak Season's Daily OC .i 3 1998 ,.,.'as based on the Peak. Annual Ratio shown in the County's Transportation Planninu Database. It should be noted that this road segment is projected to }~e deficient by the ,.'ear 20C'[0. This segment is planned to be improved to a 4-1ane facility by 2001 which ,.`.'ill raise the level of sen'ice to LOS "C". Therefore. this petition complies with Policy 1.3 & 1.4 ofthe TCE. The proposed main access points are from Airport-Pulling Road and offofVanderbilt Beacl'~ Road. Since there is clear sight distance at these access points, the accesses should operate adequately. therefore, this petition is deemed to be consistent with Policv 7.3 of the TCE. ' Other Applicable Element (si - Other applicable elements are those typically evaluated at the time of subsequent development approvals, and generally deal with infrastructure. To the extent that improvements to infrastructure ancVor thc extension of available public utilities is required, these will be rnandated at the time of approval of the required site development plan an4'or subdividing if necessarv. Water managemenl thcilities `.`.'ill be constructed to meet County ordinances and d~ese will be reviewed and approved as a sanction of obtaining subsequent development order approvals. The above prescribed course of action rnakes Iris petition consistent with this element of the GMP. ttlSTORIC/ARCttAEOLOGICAL IMPACT, Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability .Map. Therefore. no HistoricaI,'Archaeological Sun'ev and Assessment is required, Pursuant to Section 2.2.25.8.1. ofthe Land Development Code. £ dutintz thc course of site cleating, excavation or other construction activity an histor/c or archaeol~uical artifact is found. all development within the minimum area neces~ar,,, to protect the discove~rv shall be immediately stopped and the Collier Count,,' Code knforcement Department contacted. EVALUATION FOI:~ENVIRONSIENTAL. TRANSPORTATION AND The subject petition has been reviewed by the appropriate staff responsible for the above referenced areas ofconcern. This primaniv includes a review by the Community Development environmental and engineeting staff, and (he Transportation Services Division ~taff. This petition was admintstrativelv reviewed on behalf of the EAB and staff recommended approval subject to conditions which have been incorporated into the R?solution of Adoption. OCr i 3 1998 ANALYSIS: Staffcomplctcd a comprehensive evaluation of this land usc petition and thc criteria on x~ rich favorable determination must be based. This evaluation is intended to provide an objcct~\'c, comprehensive overview of the impacts ofthe proposed land use change, be thc5' positive or negative, cuhninating in a staff recommendation based on that comprehensive overview. 'Fhc listed criteria are specifically noted in Section 2.7,2.5 and Section 2.7.3.2.5 of the Land Development Code thus requiring staffevaluation and comment, and shall be used as the basis for a recommendation of approval or denial bv the Collier County Plannint~ Commission to the Board of Counw Commissioners. Each of the potential impacts ;r considerations identified during the staffrcview arc listed under each of the criterion noted and are categorized as either pro or con. whichever the case may be, in the opinion of staff. Staff review of each of the criterion is fi)llowcd by a summary conclusion culminating in a determination of compliance. non-compliance, or compliance with mitigation. These cvaluations arc completed as separate documents and arc attached to the staff report. Appropriate evaluation of petitions tbr rezoning should establish a factual bases lbr supportive action by appointed and elected decision makers. The evaluation by professional staffshould typically include an analysis of the petition's relationship to the communit:"s future land usc plan. and whether or nol a rezoning action would be consistent with the Cc~llicr ('ountv Growth Management Plan in all of its related clements. Other evaluation considerations shoul'd include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses. a consideration usually dealt with as a facct of analyzing thc rclationshi{> of the rezoning action to the long range plan for future land uses. Notwithstanding the above, staff in reviewing thc determinants for adequate findings to support a rezoning action advise as follows: Relationship to Future and Existing Land Use~: A discussion of this relationship, as it applies specifically to Collier C'ountv's leual basis for land use planning, refers to the relationship of the proposed zoninu action to thc Growth *lanauemcnt Plan. The subject property' is located within the Mixed Usc Activity Center future land usc classification as depicted on the Future Land Use Map of thc'of the Growth Manauemcnt Plan. The purpose of the Activity Center district is to primarily provide a location of co~amercial land uses which is centered around the intersection of major roadways. However, Activity Centers also allow mixture of residential and commercial uses. The site'is located on the so~thwcst comer of thc intersection of Vanderbilt Beach Road and Airport-Pulling Road. The PUD document indicates the proposed development scenario for the 15.68 acre site is for a commercial shopping center type development consisting ora maximum of 156.800 gross square feet or' commercial development or a hotel site and an outparcel for development ora Walurcc~ Store, or anv combination ofoutparcels, hotel and a shopping center. The northeast- co this intersection is proposed for development lbr a hotel use in conjunction with an cxi lng golf O :i' ] 3 1998 course within the Pelican Marsh PUD. The 29.0 acres located at the southeast comer of this intersection is currently under administrative review for the development ora commercial retml shopping center as part of the Vineyards PUD. hnmediatelv west of the subject site is 5 - - acres ofvacant land currently zoned for Agricultural and CommUnity Facilities. "CF". The tract zoned "CF" fills within the Activity Center. A portion of the tract zohed "A" also falls within tile Activity Center boundary. To thc south ofthe site, along Airport-Pulling Road is a 5 - - acre parcel, x'acant, zoned Agricultural. and designated within the Activity Center. Parallel to the southwest boarder of the subject site is a private road, Tennis Court Lane. which sen'cs tile multi-fimily land use within the Emerald Lakes PUD. Abuttine. this site to the southwest, the PUD Master Plan indicates an ama for water retention and nati~'e preserve which will serve as a sufficient buffer/transition zone between the Walgrcen's PI. JD and residential development to the southwest. All commercial development on this site will be required to comply wilh the County's Architectural and Site Design Regulations within the [.and Development Code. Traffic: Roadway segments xv~th project trips excecdine five (5) percent of thc [_OS "C" dcsiun volume , are presumed to have a significant impact. For'example. the current traffic count tbr~he Vanderbilt Beach Road segment, east of CR 31 is 12.846 PSDT and it is currently operating al LOS "C'. It should be noted that this road set~mcnt is projected to be deficient by This segment is planned to be improved to a ~-lane facility by 2001 which will r'aisc ti~c level of sen'ice to LOS "C". Therefore, this petition complies witl~ P~)licv 1.3 & 1.4 ofthe T£'E. Tile ITE Trip Generation Manual indicates that this petition will generate'approximately 9.103 average weekday trips at build-out. This amount will be reduced once tr:p adjustment~ for pass- bb' traffic arc made. The highest (PM) peak hour taps are approximately 845. However. this petition will not Ioxver the level of service below the LOS "D" standard'within the proiect's radius of development influence {RDI). Iherefore. the project is consistent with Polic(' 5.1 & 5.2 of thc Traffic Circulation Element ITCE). Utility Infrastructure: Both a public sanitary sewer and municipal water suppl.,,' is available to the property..-\II development must comply with surface water management requirements invoked at thc time of site development plan approval. Water management planning, is however, reflected on thc PUD master plan for the entire site. Community Infrastructure and Services; The subject property will provide convenient access to a wide range of shopping and dining facilities all within walking distance and a short drivinv distance to residents within ncighbonng and nearby residential developments. Police, fire and other emergency services can be readily provided from the appropr/ate provider jurisdiction. : MASTER PLAN AND PUD DEVELOPMENT STANDARDS: Master Plan - The master plan illustrates the Land Development Code requirements rel;ttiv6 landscape buffers, open space, and water management. Thc internal street system provi, les ' ~) OCT 1 3 1998 connections to the Vanderbih Beach Road and Airport-Pulling Road righbof-v,'ays. Access to the arterial roadway network complies with the Access .Xlana~zement Plan. Development Standarc[*, - The proposed development standards Ibr commercial development are similar to the C-4 zoning district standards which most closely characterizes the uses authorized by this district, tto,.vcvcr, unlike the C-4 zoning district which permits building heights up to 100 feet. building heights are limited to 50 feet except for the hotel, motel use which is permitted at a maximum height of 100 feet. The petitioner is requesting additional signage in the form of one I 1) additional director-,., sirra. and one {I } development identification sign, each 250 square feet per sign face. to be lo'arced at the intersecnon of Vanderbilt Beach Road and Airport-Pulling Road. This request is in addition to the allmvanccs provided bv the Land Development Code which permit individual parcels with 150 feet or more of frontage one (1) pole or two (2) ground signs, as '.,.'ell as permitted '.,.'all signage. The prescm code allows multiple occupancy parcels such as shopping centers containing 25.000 square feet or more of gross leasable floor area containintt at least eight rS) or more indepcmtent businesses, to have one l1 ) director)., s~gn, 250 square fcc}- in area. tbr a single entrance onto each public street. /he petitioner's request for additional signage would alloy,' a total of two 12) d/rector-)' signs on Vanderbilt Beach Road and one {I) on Airporl-Pulling Road. plus the additional requcsted square footage per sign face. It is tile opinion of staff that additional director, signage is not warranted. The site (las sufficient `.'JsibilJtv duc to its location at tile comer ora major ~ntersection and the site is relatively small in area..-\'lso, the addition ora development identification sign at the intersection v. ill assist in identifyin.z, thc site and v,'Jll assist in the appearance ora unified development theme consistent with fl'~e Arc'itc(rural and Site design guidelines in thc [.and Development Code. .,STAFF RECO.M.ME,NJ)ATIO,Ni Staff recommends d~at the (.'oilier County Planmng C'ommission Board forv,'ard PL'D-0S-5. \\'algreen's PI.,'D to the Board of County ('omm~ssioner~ with a recommendation for approval with the following stipulations: 1. Director2:. signs shall be limited to one (1) sign w/th a maximum size of 250 square feet for a single entrance on each public street and shall be pemfittcd for muhiplc parcels such occupancy as shopping centers provided the5' contain five or more independent businesses..-\ny out parcel which does not have frontage on Vanderbilt Beach Road or Airport - Pull~ng Road ma,,' be included in meeting the requirement for independent businesses. 2. One (1 } ground sign used only to identify the namc of thc development shall be permitted on sit.e, located at the intersection o~'Vanderbih Beach Road and Airport-Pullint~ Road. Such sign permitted to have a maximum size of 250 square feet. 1998 PREPARED BY: · ,~USAN MURRAY. AICP c,~' CHIEF PLANNER RE/~VI~2'ED By:., CU'RRENT PLANNING MANAGER DATE DATE I DATE PI-ANN/~'~\'ICES DEPARTMENT DIRECTOR VINCENT A. CAUTERO. AICP. ADMINISTRATOR COM~XlUNITY DEVEI.OPMENT ,-\ND ENVIRONMENTAL SVCS. Petition Number: PUD-98-5 Tentatively scheduled for the October 13. 1998 BCC meeting. Staff'Report for the Septemb~,(T'~'.. ~998 CCPC meeting. COLL_j.~ER COUNTY PLAh'[4ING £OMMISSION: MICHAEL A. DAVIS, CHAIRPERSON ,o../-~_ (/'O_-z 1998 REZONE FINDINGS FOR PETITION PUD-98~5 Section 2.7.2.5. of the (;oilier 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 chan~e in relation to the following. '.','here applicable: ~ Whether the proposed change ,,','ill be consistent with the goals, objectives, and policies and Future l.and Use map and the elements of the Growth Management Plan. Pro/Con: Evaluation not applicable. Summary Findin?5: The proposed development is in compliance with the Future Land Use Element of the Growth ,X, lana~zement Plan tbr Collier Count,,' and all other elements. their objectives and policies. All o~fthe property is located within the Urban Designated .&rca on the Future £and Use Map to the Future Land Use Element lo the Growth Management Plan. A detailed summary of compliance with the GMP is provided in the staff report. The existing land use pattern: Pro/Con; Evaluation not applicable. Summary Fin dings~. Existing: Surrounding: The subject site is located on the southwest comer of thc intersection of Airport- Pulling Road (CR-31 ) and Vanderbih Beach Road (CR-862) within thc activity center smTounding this intersection as designated on the Future Land Use Ma~. Properties in the vicinity of the subject site. within the same activity center arc currently vacant, ahhough itt the southeast comer of the same inter~ection, a 29.9 acre parcel of land is proposed to be developed for a retail commercial shopping center. Thc northeast comer of the same intersection is currently proposed for developmem as a hotel site as part of the Pelican Marsh PUD. North - Vanderbilt Beach Road (CR-862) parallels the northern property o boundary. North of Vanderbilt Beach Road is vacant land within the Pehcan Marsh PUD. South - South of the subject site is vacant lane currently zoned Agricultural. "A" and is located within the Activity Center bounda~, on the Future Land Use Map.%}a~ OCr 1 3 998 v~. /,.7 East- Airport Road (CR311parallelsthceastcmbounda~,ofthcsite. Easter ,Airport Road. a 29.9 acre site is a planned commercial retail development, as part of Ire Vineyards PUD. West - 'Fo thc west of the subject site is vacant land which is currently zoned Agricultural "A" and Community Facilities "CF" The possible creation of an isolated district unrelated to adjacent and nearby districts: Pro: The subject site is of sufficient size 115.68 - - acres} and is located within an activity center as designated on the Future Land Use Map. Surrounding properties are zoned to allow similar commercial types of uses. Activity centers are preferred locations for new commercial development. Con: None. Summary Findings: Tile rezoning of thc subject site from .~i. and PUD to PUD will not have the effect ofcreating an isolated district unrelated to adjacent and nearby districts. Whether existing district boundaries are illogically drawn in relation to existing conditions on the properly proposed for change. Pro/Con: Evaluation not applicable. Summary Findings: The existing district boundaries are logically drawn consistent with existing conditions on tile property proposed for development. Whether changed or changing conditions make the passage of the proposed amendment necessarw. Pro/Con: Evaluation not applicable. Summary Findings: The proposed change is appropriately based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element of the GMP) is a posmve one. Whether the proposed change ~'ill adverseh' influence living conditions in the neighborhood: Pro/Con: Evaluation not applicable. Summar'~' Findings; The proposed change will not adversely influence living c in the neighborhood because the recommended development standards and othc 10 0C7 i 3 1998 o conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. FunherTnore. the proposed project is m compliance with the G.'",IP and is compatible with surrounding developments. Whether the proposed change will create or excessively increase traffic congestion or create t?'pes 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. '1' he proposed development of thc subject property is consistent with thc provisions of thc Traffic Element of thc Growth Management Plan. therefore the additional traffic generated by the proposed development should not a4vcrselv affect thc comfort and safety of existing users on adjacent public roads. ..\ total of three intersections Ibr ingress and cttrcss arc provided. Two flora Vanderbih Beach Road and one l'?om AiTport-Pullin~z Road all of x,, hich comply with the ('ountv's Access .'Management Pla~. The subject property is located adjacent to thc County's arterial and collector road system. ('on; As urban intensification increases, there Js some loss of comfort and case or'travel to the motoring public. However. by lax,.', this degree of d~scomfort is regulated by concurrency requirements. Summary Findin.~i Evaluation of this project took into account the requirement /bt consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent. In tile final anal,,sis all projects are subject to the Concurrency Manauement system. Additionally. certain traffic management system lmprovemen'ts are r~'quired a~ a condition of approval l i.e. rum lanes, traffic signals, dedications, etc. }. Itl thc final analysis all projects are subject to the Concurrency Management system. Whether the proposed change will create a drainal~e problem: Pro: Road improve~nents precipitated by this development and water mana~zcmcnt improvements to accommodate site development are designed to accommodate the normal drainage requirement. Con; I..'rban ~ntensification potentially can heighten the occasion for area-wide flooding under the more severe rainfall event. Summary Findings: EyeD' project approved in Collier County mvoMn,.z the t, tilization of land for some land use activity is scrutinized and required to mitigate a~l sub- 'i. jrtacec,~,,.:,~, a-~ drainage generated by developmental activities as a condition of approval. This :~roje~ OCT 1 3 1998 I0. II. 12. was reviewed tbr drainage relationships and design and construction plans are required to meet Count,,' slandards as a condition of approval. In the event area-wide deficiencies develop, which deficiencies would be further exacerbated bv developing vacant land. thc County is required to react through its Concurrency Management system. Whether the proposed change will seriously reduce light and air to adjacent areas: Pro/Con: Evaluation not applicable. Summary Fin~lines: All projects in Collier County arc subject to the development standards that arc unique to the zoning district in w~ich it is located. These developmem standards and others apply generally and equally to all zoning districts (i.e. open space requirement, comdor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. Whether the proposed change will adversely affect property values in the adjacent area: Pro: Urban intensification ty'pically increases tile value of adjacent vacant or underutilized land. None. Summary Findings: This is a subjective determination based u~on anticipated results which may be internal or external to the subject property that car~ affect property values. Property valuation is affected by many factors includin~ zonint~, however zonin'u bv itself ma,,' or may not affect values, since value determination bv la,.~ is driven bv ma~kci value. Tile mere fact that a property is given a new zoning desigr~ation may or n'~v a,.~t affect value. Whether the proposed change v¥ill be a deterrent to the improvement or development of adjacent propert).' in accordance with existing regulations: Pro/Con: Evaluation not applicable. Summary Findin.~sL The basic premise undcrlvimz all of the development standards in the zoning division of the Land Development C~)de"is that their sound application when combined with the administrative site development plan approval process, uives reasonable assurance that a changc in zoning will not result in a dcterrcncc'~o improvement or development ofadjaccm property. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro/Coil; Evaluation not applicable. 12 OCT 1 3 1998 12. 14. 15. 13. Whether the proposed change will constitute a grant of special prMlege to an indMdual owner as contrasting with the public welfare: P_r_.o./_C..o.~ Evaluation not applicable. Summary Findingsl Since consistency with the Future Land Use Element of the County's Growth Management Plan is ~teemed to be in thc public's interest, and because the proposed rezoning action and subsequent development complies with the Growth Management Plan. then the proposal can be deemed not to constitute a special privilege and in the public interest. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Evaluation not applicable. Summa~. Findings; The subject property is not undevelopable under the current zoning designation, however, to do so would deny this petitioner ofthe opportunity to maximize the development potential ofthe site as made possible by its consistency relationship with the FLUE. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro/Conx Evaluation not applicable. Summar). Findings: The proposed development complies with the C;roxvth Management Plan. a policy statement which has evaluated the scale, density and intensity of land uses deemed to bc acceptable for this site. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con; E~aluation not applicable. Summary Findings~ There are many sites which are zoned to accommodate tile proposed development. This is not the determining factor when evaluating thc appropriateness ora rezoning decision. The determinants of zoning are consistency with all elements of thc GMP. compatibility, adequacy of inf'rastructure and to some extent the tinning of the action and all of the above criteria. 13 OCT 1 3 1998 16. 17. 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 extent of site alteration ,,,.'ill be determined as a function of obtaining Site Development Plan approval which will be necessary' to execute the ?L:D's development strategy. The impact of development on the availability of adequate public facilities and ser','ices consistent with the levels of service adopted in the Collier County Growth management Plan as defined and implemented through the Collier County Adequate Public Facilities Ordinance. as amended. Pro/Con~ Evaluation not applicable. SummaD' Findings; Sanitary sewers and municipal water utilities arc available to serve the development. Rex'Jew by jurisdictional staff for consistency evaluation with GMP required levels of service adx'ise that there is no deficiency. 14 0C7 1 3 1998 Section make a FINDINGS FOR PUD PUD-98-5 2.7.3.2.5. of the Collier County l.and Dcx'elopment Code requires the CCPC to finding as to the PUD Master Plan's compliance with the following criteria: The suitabiliD' of the area for the type and pattern of development proposed in relation to physical characteristics of the land. surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro; l ilDevelopmentoflandwhichislocatedattheintersectionsof major roadways (Airport-Pulling Road and Vanderbilt Beach Road} is particularly suitable ~br a commercial shopping center ar and/or hotel use. (ii) Intensifying land development patterns produces economies of scale relative to public utilities, facilities and services, v, hich are currently available in this area. Con: Nearby residential communities often perceive development intensification in their area as contributing factors to inconveniencing movements to and from their place of residence. ~_Jurisdictional reviews by Count>' stat'f support the nlanner and pattern o;' development proposed for thc subject property. Development conditions contained in the PUD document give assuranc,: that all infrastructure will be developed and be consistent with Count.,.' regulations...\nv inadequacies which require supplementing the PL'D document will be recommended to the Board of' Count,.' Commissioners as conditions of approval by staff and thc ('CPC. Iraditional locations tbr commercial zoning has been near maic, r road intersections and adjacent to commercial nodes al intcrsectio,us. ..\dequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they ma,,' relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro/Con;. Evaluation not applicable. l:~l.0jR~Documents submitted with tile application provide evidence unified control. Tile PUD document makes appropriate provisions for continuing operation anti maintenance of common areas. 15 1998 o o o Conformity of the proposed Planned Unit Development with the ~,oals. objectis'cs and policies of the Growth Management Plan. Pro/Colt;. Evaluation not applicable. Finding; This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the ~'ountv's Growth Management Plan. The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. The subject property is designated Mixed [_'se Activity Center on the Future Land Use .Map to the Growth Management Plan. As such it authorizes zoning actions aimed at allowing the land to be used for commercial purposes. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro/Co,: Evaluation not applicable. Finding: The PUD Master Plan has been desiuncd to optimize internal land use relationships through the use of various forms of open space separation. External relationships are regulated bv the Land Development Code to help assure harmonious relationships between projects. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro/Con.' EvaluaIlon not applicable. Finding:.The amount of open space set aside bv this project is consistent with thc provisions of' the I_and Development Code. The timing or sequence of development for the purpose of assuring the adequacy of available improvemenls and facilities, both public and private. Pro/Coil; Evaluation not applicable. Findingl Timing or sequence ofdevelopment in ligh~ ofconcurrcncv requirements automatically triggers the mechanism for ensurint~ that future LOS degradation is not allowed or the LOS deficieno.' is corrected. See Finding No. 1. also applicable for this finding. 16 o The ability of the subject property and of surrounding areas to accommodate expansion. Pro/Con: Evaluation not applicable. [i.ll.0jll~Ability. as applied in this context, implies supporting infrastructure such as wastewater disposal systems, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in tile staff report. Development of the subject property is timely', because supporting infrastructure is available and deemed to be adequate. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case. based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Pro: Proposed development standards generally comply with those required for the mosl similar conventional zoning district. The addition of thc proposed development identification sign located at the intersection should assist citizens in identi~'ing the project. Further. it carries out the intent of thc .-\rchitcctural and Design Guidelines in the Land Development Code for the promotion of unified development themes. Con: The request for the additional directoD' sign lbr a total of three 13) is not warranted. The site has sufficient visibility due to its location at the comer ora major intersection, its road frontage and its rclati,.elv small area. Tile code currently' provides for the additional signagc through an allowance for director-,' signs. Presently, given certain conditions, the code would permit tile silo to be developed with two/2) dircctorv signs, one on Airport Road anti one Ill on \;andcrbih Beach Drive. ~ This finding essentially rcquires an evaluation of the extent to which development standards proposed Ibr this PUD depart from development standards that would be required for the most similar conx'entional zoning district. The development standards in this PUD are similar to those standards used for the C-4 zoning district. However. the need for additional signage should be based on conditions of the site which may alter the rite's visibility or'create hardship in properly ident~'ing the businesses within the project. Given the site's location at a major intersection and adequate road frontage, staff feels thc additional directory stun is not warranted. However. a project identification sign will assist the public in identifying the site as a unified devclopmcnt., and is, m ~ ,~k~_~ harmony with the general intent and purpose ortho Section _.8 ortho l_iu~u Development Code. 17 OCT .l 3 ]998 [uI.I.IER ('(I ('(l~{~l,~l FY P 1,'g98.5 PE'II'II()X Nq IMB ER DATE .... 'tPPLI(~AT[ON FOR PI,~[,i(~ FOR ST~N~A~ ~ ~ZON~ ~N~ COS~mON~ USE ~O(~STS ~AY 0 6 I998 pL/.~ L~3T DE~LOPM E~ ~9~ST~ CO~ML~'I~ DEVI .LOP~NT ~ E~O~NW~ ~m~NT P L,MN~'G 1. Name of Applicant(s) William E. Touloumis, President Applicant'sMaiiingAdth-¢ss 2454 McMullen Booth Road, Suite 421 City.,, C 1 ea r__w.a t er Apphcu~t's Te!ephone Wumber: Res.: ___ N/A Is tine apphcant the owe,er of the subject property9 Slate Florida Bus.:., ~,1 3 ) Yes Zip 34 619 797-5999 No (a) If applican: is a land .'rust. so indicate and name benef:c~anes below (b} If applica: ~. is corporation o:her than a public corporat:on, so indicate ~d name officers and m.,jor stockholders below. (c) If applican is a parmerstup, limited partnership or other business cnhty, so indicale and name pnn, ,pals below. (d) If appi:can. :s an owner, indmate exactly as recorder and hst all other owners, if any. (e) If appl,ca~.t ~s s lessee, anach copy of lease, ar. ti re&cate actual owne-rs if no/ indicated on d:,' lease. X _ (O If appl/car: ~s a contract purchaser, attach copy of conuack and ,ad,cate actual ow'ncr(s) namt and adctrcss below. ' Sec Attached Rose Mary ;querz Trustee Vand ~ , ; er~t Beach Road Land Trust (If space ~s :nadcquatc. anach ~n se'pm-ate page ) 2. Nm'nc ofAgm,t _Na____r_k W. :qinor Agents Mailing Addrc;s __3800 Via Del C,ty Boa_i~.a.___Spr.J._Bo s Teltrphonc Number: R :s · ____N_/_A Firm '~ Gradv Minor & Assoc , ? A Rev State FL Z,p 24134 Bus. (_941) 947-1144 OCT 13 1998 . DI:.TAILED LEGAl. I)hSCRIP'FiON ()F I[IH PROPF. RTY COVblRED FlY APPI.ICATION (lf $p; cc ~s ,nadequate. attach on ~ep~rate page. [f request involves change :o mort: than one zomng d~smc:, :nclude separate legal desen0non for p]opert¥ revolved in each charnel. If prapm:y is ,,dd-shaped. submit time t,l) copma of su/vt.7 (I" to 400' scale). TIlE APPLICANT IS RESPONSIBI.F. FOR SUPPLYINfi 2tIE COR.RE(7I' i. EGAL I)ESCRIPTION rF QUESTIONS ARISE ('ONCEP,.N'ING THE I.EGAL DF. SCRIPTION. AN ENGFNqEER'S CERTIFICATION SHALl. BF_ REQUFRED SECTION 0 2 TOWNSHIP 4 9 S R. ANGE 2 5 E S~2eofproperty 397~+ ft.X 1 220+ _ -- ' fl. Acres !5.68+ Addres.; or !ocat,on of ~ublect prope=y Southwest corner of Airport Pull inc Road (C=-51) and ~' · " ~anderbllt Road (CR-862) intersection. Extst:ng land ciera:to, 11. 0 Cotmty Flood Criteria Elcvanon Zone "X" Date sub:eot p-operw aeqmred ( ) or leased ( ): ot ,ease yrs./mos. day ct' . 19 bo If, Pemzoncr ? :is opnon to buy, mdmale date ofopuon: option :errant ares: 11/30/9~ 10/15/97 and date Does property o~mer (,,~m com:guous properS, to :he subject property" If so. g:ve complete legal description ofcnnre cmhguous property. (I£space :s inadequate, attach on separate page). Not to our knowledoe TI'lIS APPLICAT'IOt'I IS [x'TENDED TO COVER: (Check whach type of pent'mn your are requesting). A. REZONLNG. P;LESENT ZONTNG A FOR .... Co-~2herci~a! Shopping Center REQUEST~ED Z 0 ~q'4 G PUD .. B. PROVISIONAl USE OF ZONING FOR 10. R..EASON WllY APPLICATION SHOULD BE APPROVED (Attach additional sheets tf neeessarvk Subject property is located ir. an Activit:/ Center which are preferred locations of the concentration of con%mercial. The development activities contain a mixture of commercial uses 0CT i 3 1998 11. 12. 13. 14. IS PROPOSED USE P~; OIl/BI'irED BY I)FED RES'['RIC:'I'IONS? ... _Yes :': No :F YES. PROVIDE C()PY ()I.' IIIE DEED RESTRICTIONS. IS TIqJS ltEQDt~ST A I.ESLT. T OF A VIOLA'lION', NOTICE SERVED', Xo IF SO, FO W~I[OM WAS T~FE HAS A PUBLIC }Fi'iAI~ I~'G BEEN HELD ON Tills 'PROPERTY Wlll{h-N THE LAST -YEAR? LF SO, H~I WHOSE NA dE? .... Not to ou._r_.__k_r39wledc~ ARE THEILE EXISTIN 5 STRUCTbTLES ON TIlE PROPERTY? Yes TYPE: CBS ..... r'-RAME , MOBILE HOME , OTHER AFFIDAVIT We,. William E. Touloumis * bcmg first duly sworn, depose mad ~y that are the*or, reefs of the ~ropcrty c escnb~ h~cm ~d w~ch is ~¢ subject manor of ~c pro~s~ h~g; ~t all the ~ers to thc qu~ ~om m Cms application, and ali sketches. ~ta, ~d o~cr su~l~t~ mawr aP~chcd lo ~d ma~ ..... ~,. ' · · ~* - ,~ re.ms apphcat:~onest and ~ae to th best of o~ , ~d belies I ~dmmd this topiica=on must ~qf;~'--~--~-~&J . ~owled? ~ ¢~cu. I ~ ~lt ~ · ~Oe~l~e-~" ' " ~.' / Pent,on ~' ' / __. r g g oulo~is, Presiaent _ as ~d~nficauon ~d who d~d~d no~ ~ke an oa~. SE~ ~ _~ ~x~tS SEP 28,200~ ' c~ AT~NTtCSONOI~GCO NC ~l c:/1 ~ ~1 ~'C - /j ..... (Prim N3mc ofNot~ ~lic) NOT~Y Pb~ HC S~al/Co~ssion t~ My Co~msmn CU/PUD/R.EZONE .~PPLICATION~n d. t4,': * William E. Toulotunis Zs President of Ol.vxnpia Development Group, Inc, whish has a Purchase and Sale Agreement with the propert,..' ;,,ner,%C'~ Rose Mary Wuerz a:s Trustee of the Vanderbilt Beach Road La 5 Trait.----- OCT i 3 1998 Q GRADY MINOR ASSOC 941 947 0375 09/08 '98 16'35 N0.238 01/01 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners 3800 Via Del Rey Bonita Springs, Florida 34134 (941) 947.1144 · Fax (941) 947-0375 E-Mail: QGMA~aol.com FAX MY~SAGE DATE: TO: September 8, 1998 Su.~n Murray FROM: Bob Thinncs Walgreens PUD MESSAGE: Olympia Development Crmup, Inc. has provided the following inforrr~atioll: Officers of Olympia: William E. Touloumis: Director, President. Vice President Secretary and Treasurer Bo Beneficiaries of Wuetz Trust: 1, Rosem~' and Willie Wuerz 2. Walter and Ann Hash-ann 3. Albert and LiLlian Varmi~i # OF PAGES (INCLUDING THIS SHEET): 1 F: WALG ~r,J/2~ W,~J~. PL.rD OCT I 3 998 GENERAL I&4'FOR2MATION OWNER: Vanderbilt Beach Road Land Trust Rose Mary. Wuerz, Trustee c/o Christopher Smith Naples Realty Company, Inc. 6871 Bottlebrush Lane Naples. FL 34109 F WALGREEN'dA,'A L. PUD OCT i 3 1998 LIST OF CONSULTANTS ARCHITECT: TOULOUMIS, TOULOUMIS AND ASSOCIATES ARCHITECTS ENGINEERS CONSTRUCTION CONSULTANT 2454 McMULLEN BOOTH ROAD CLEARWATER. FL 33759 ENGINEER: MARK W. MINOR, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. 3800 VIA DEL REY BONITA SPRINGS, FL 34134 ENVIRONMENTAL: PASSARELLA & ASSOCIATES. INC. 4575 VIA ROYALE. SUITE 104 FORT MYERS. FL 33917 ATTORNEY: JIM SIESKY SIESKY. PILON & WOOD THE FAIRWAY BUILDING. SUITE 201 I000 TAMIAMI TRAIL NORTH NAPLES. FL 34102 PLANNER: BOB THINNES. AICP Q. GRADY MINOR & ASSOCIATES. P.A. 3800 VIA DEL REY BONITA SPRINGS. FL 34134 F: WALG P-,..E ENXWA L. PUD 1998 RECEIVED 0 6 PUD98-5 PURCI~$E A~D SALE AGR~EEMENT THIS AGREEMENT, made and entered into in duplicate thb day of October, 1997 by and bet~ween ROSE MARY W'UER2., aa Trustee of the VanderbLlt Beach Road Land Trust ("Seller"), and OLYMPIA DEVELOPMENT GROUP, INC., a Florida corporation. ("Buyer"). WITNESSETH In eonJideration of the earnest money deposit to be made by Buyer upon the execution and delivery of this agreement and in consideration of the mutual right~ and obLigatio~ of the p,,rlies hereunder and for other good and valuable considerations, SeUer agrees to sell to Buyer and Buyer agrees to buy from Seller, aU upon the terms and conditions set fort~ hereLn. the real property in Collier County, Florida, described on Exhibit A attached hereon and herein after ea[Jed the "Property". 1. PURCHASE PRICE. The total purch,,se price JbaU be ~ hich shalJ be pay,,ble as follows: ~ an ear'ne-~t money deposit paid by Buyer to Attorney,~' Title'insurance Fund, Inc., 4310 Metro Parkway, For~ Myers, Florida 33916 (the "E~erow Agent"), to be held ~by E~crow Agent in ,.,crow pursuant to ~e tern:u of thL~ Agreement. All e~rnest money (includ'm. g any additional earnest money deposit) shalJ be held by E~crow Agent in an interest-bearing accour, t with a bank in Collier County. (b) Buyer 3haU make an addifional~ deposit to E~crow Agent within five (5-) business days after expLr'~tion ofLhe Iz~pecfion Period. (c) Buyer shall make an additional~ deposit to E.Jerow Agent one hundred eight7 (180) days after execution of thi.~ Contrack (d) Buyer shall make an additional ~ deposit to E.~crow Agent on or before August 31, 1998. (e) The balance of the purchase price shall be paid to Seller in c~uh at time of closi,~g, subject to proration.~ and adjustmenL~ hereinafter set forth. 2. INSPECTION PERIOD. Buyer intends to use the Property for ~,reL~LI and office development (" ntended Fo,o ,in the full e.cution of th , Agree,,, :,., I OCT t 3 1998 under~ake an inspection and examination during the following (120 day period Period") or'all a~p¢ct~ of the Property, including but not limited to: (~.) ("Insp¢ctloo (b) (c) (d) Physical condition of the ProperTy, including soil testing and drainage. Determination of governmental laws, ordinance, and regulations to be complied with and approval~ and permits necessary to develop the Property for its Intended Use. · Determination of the availability of water and sewer sar'vices and the cost of .extending such service, if necessary, together with applicable connection fees, ~mpact fees and capacity fees. Determination of the exhtence on the Property of any Hazardous Mater/ah (as hereinafter defined) and the Property's compliance with Environmental Laws (~ hereinafter defined). Buyer, at its own cost and expense, shah be respon.~ible for obtaining an environmental Phase I assessment and audit and testing regarding the Property, which assessment audit and testing shah be completed w/thin the Inspect/on Period, A.~ used herein, the term "Environmental Laws" means any and aLI federal, state, local or municipal laws, rules, orders, regulations, statutes, ordinances, codes, decrees or requirements of any governmental authority regulad, ng, relating to or imposing I/ability or standards or conduct concerning any Hazardotu Mater/aL as now or may at any t/zzle hereafter be La eCect, indud, ing without L/mitation, The Cle~an Water Act, ale0 ktlown as the Federal Water Pollution Control Act ("FWPCA'), 33 U.S.C. §125! et seq.; the Toxic Substance,! Control Act ("TSCA'), 15 U.S.C. §2601 et. S~q:i the Clean A./r Act ("CAA"), 42 U,S. C. §7401 _et saR.; the Federal I'nsect/¢ide, Fung:/dde and Rodendclde Act ("FIFRA-), 7 U.S.C. §136 etLL~.q.; the Safe Drinking Water Act ("SDWA"), 4'2 U.$.C. §300f et_._~2.Lq.; the Surface Ni/ning Control and Reclamation Act ("$MCR. A'), 30 U.S.C. §1201 et seq.; the Comprehensive Environmental Respo~.se Compensation and Liab//Jty Act of ("CERCLA-), 42 U.S.C. §960! ~.; the Superfund Amendment and Reauthor/zat/on Act of 1986 ("SARA"), Public Law 99-499, I00 Seal 1613; the Emergency PlannLng and Community R/ght to Know Act ("EPCR. KA-), 42 U,S.C. §fl001 e~__LE~.; the Resource Conservat/on and Recovery Act ("RCR.A'), 42 U..S,C. §6901 et_LL.~.; the Occupational Safety and Health Act a.t amended ("OSHA"), 29 U.S.C. ~655 and 657; or in any other hazardotu waste laws applicable to the Property, together with an), amendments thereto, regulations promulgated thereunder and'any s/miIar successor/aw thereof. A3 used herein, the term "Ha. zardous ~a:erial~ means: (i) any baxardou,, toxic or dangerotu waste, aub~tance or mater/al defined or LL~ted as such in (or for the purposes oD CERCLA, SARA, FWPCA, RCRA, or any other environmental law as now or at any t/me hereafter in effect, (ii) any other waste, substance or mater/al that exhibit, any of the characterL~tica enumerated in 40 C.F.R. §§261.20-261.24, inclusive, and those extremebf ha.z-ardou~ chemica/substanc~ IL¶ted under Section 302 of SARA and toxic or hazardous chemical substances lleted under OSHA, and (ii/) any asbestos or a3beatos containing substances whether or not the ~ame are defined or ilated as hazardou.~, toxJc~ dangerous waste, a dangerons substance or dangerous mater/al in any environmental law. Review of such other matters relating to the Property a~ Buyer may deem appropr/ate. OCT J3 1998 (F) Obtain and review the title Insurance commitment and advise Seller of ,,ny unacceptable exceptions. Seller shall, within ten (10) days following execution hereof, provide Buyer with copies of existing tide insurance policies, boundary and topographical surveys, environmental site assessments Phase [, l], or Fi'I, contamination assessment reports, remedial action plans and building pLans (including specification) irany are in Seller's possession. Buyer shall deliver to ScUer a cop7 o1'~11 environmental, soil and engineering reports and the survey to be obtained by Buyer prompUy after receipt of same b7 Buyer. Buyer and Buyer's agents may enter upon the Property during normal business hours (with a minimum of 24 hours notice) roy the purpose of conducting such tests and euminations as they may deem appropriate during the Inspection Period. In the event the Property is disturbed in any manner b7 Buyer or Buyer's agents in the accomplishment of such tests, Buyer agrees to immediately thereafter restore the land to its prior existing condition. Buyer hereby agrees to indemnify, defend and hold Seller harmless from any injury person (including wrongful death) or loss or damage to property which may result t'rom activities on the Property, such indemnification to include payment of attorneys' fees incurred in connection with any such claim. in thc m'ent Buyer, in its sole and absolute discretion, Ls not satisGed with the r~'sults'., ,.,~/~ of the inspe~on ,nd esJmin,tion, Buyer,h,,, h,,-e therigb, ,o terTnin.te this Agreement by giving written notice to Seller on or before ~aysi~O after the execution o~/J~ Ag;re.'neet by both ]Suyer and Seller. in the t'vent such notice is given, this Agreeme~ automat~eaJJy terminate and a. iJ righL% obligations and llabilitie~ of the parties hereunder shall terminate and be forever discharged. ~scrow Agent shaJl remit the deposit(s) to Buyer. in the event Buyer does not give such notice within such time period, then Buyer's right of termination und~ the terms of thL$ paragraph shall be deemed to have been waived and this Agreement shall remain in full Force and effect. .1. TTTL~ [NSt.rRANC'~ S~er sh~Ji provide Buyer an abstract within thirty (30) days of ex~utlon of this Agreement by both Buyer and Seller and Buyer shall ob~in a title commit~'ne, nt (Luued by Attorney's TiUe Insurance Fund, [nc.) agreeing to issue to Buyer, subject to thc recording of thc deed and other documents required hereunder, an 3 OCT 1 3 1998 owner's title insurance policy in the full amount of purchase price. Said policy sbaU insure Buyer's lille lo the Property berets described without exceptions or quaLLf'ication other thoo those approved by Buyer and ad valorem tazes for the current year. BuyershaUhavetweory (20) days (but La any event, during Ihe inspection period) from receipt of said commitnaent to examine it and to notify Seller of any defects or exceptions not acceptable to Buyer or herein agreed to by Buyer. Upon receipt of such notice, Seller shall have a reasonable period of lime, nol to exceed sixty (60) days, to remove or correct such defects and shah use reportable efforts La doing so, excluding, however, Ibc br'LagLag of lawsuits or the paymeol of money In correct such defects. A. ay exception to title granted by SeUer for indebtedness owed sbaU be paid at Closing. [f Sel~er does not or cannot correct tbe defects after a good faith dLUgeat effort, Buyer may, at Buyer's oplion, elect to take title "as L~" without dLminution in purchase price or may terminate thLs ^greemeat and reg~in the earnest money thereto/ore paid. Buyer shall make such election witbLa twenty (20) days after the expL"lrion of SeLler's six[7 (60) day period or Buyer ~ball be deemed lo bare approved title. Seller sbaU g~ve Buyer a copy of all exi.sliag title insurance policies. 4. SLI'RV'E.¥. Witbln aLae,'y (~0)tdays following execution of tbi. s Agreement by boLb Buyer and SeUer, Buyer, at its e:cpense, shall oblaia a survey o[ the Propert7. [£ such sur~ey shows any violation of restrictions or governmental zoning regulation,, any euements not provided for herein, any encroachments or overlaps, such matters shall be deemed a defecl in title and treated ~, other defects la title under the terms hereof. $. CONDITZONS PRECEDENT. Buyer's obligation to close hereunder [s ezprtssiy contingent upon each of the following matters being true, exLsting, or bavLag been accompli.sbed (with Buyer using re".sonable ef1'ort~) on or prior In a date tbirl'y (30) day~ before the Closing Date ("Coadition~ Precedent"): la) Site Development Plan and Planned Unit Development approval h~s been obtained al Buyer's expense within one hundred eight-/([80) days after the Inspection Per~od. lb) There exists no pending or publicly announced moralorium that would [mpede~ or prevent use of the Property for the Intended Use. lc) Buyer b~ obtained, at iL~ sole expense, fLaal governmental permits ~ad approval permitting development of Ibc Property (excluding building and operarLag permits) on or before October 31, 1998 ("Permitting Period"). in the event any of the Conditions Precedent fail, then Buyer may, at it= option, elect to waive any of the aforesaid conditions and close thl, transaction or may terminate this Agreerr.-.n:. If Buyer elect~ to terminate this Agreement, Buyer shall give written notice to Seller at les. st thirty (30) days prior to the Closing Date. In the event Buyer Elves such notice, the Escrow Agent shall remit the earnest money deposit(s) to Buyer and all rights and obligations of Ibc parti~ hereunder shall terminate and ebb Agreement shall be of no further force or ef~ecL In the event Buyer does not timely give such written notice to ScUer of Ruyer's election to terminate, then Buyer shall be deemed to have waived Buyer's debts to terminate for failure of any Condition Precedent and this Aireement shall remain in full force and effect. Norwich,landing anything contained in this Agreement to the contrary, in the event Buyer does not terminate chh Agreement prior to August 31, 1998 and does not consummate this transaction, the deposit and all interest earned therefore shall be paid by F.~crow Agent to Seller and chh Agreement shall be of no furlher force or effect. 6. CLOSING, Thl, trnusaction shall dose thirty (30) days roi/owing the expiration of the Permitting Period ("Closing Date") at a time and place designated by Buyer, but in no event later than November 30, 1998. Tbe closing shall be in Collier Count'y, Florida. At the time of closing, upon receipt of the purchase price, subject to prorations and adjtatment~ provided for herein, Seller shall execute and deliver to Buyer a sufficient and recordable Warranty Deed conveying a good marketable record fee simple title in and to the Proper-fy subject only to applicable zoning regulations and ad valorem taxes for the then cur'r~nt year, and statler3 of record not objected to by Purchaser in a timely manner. Seller shall al~o execute and deliver an owner's aff~davit in standard form acceptable to the tide Ltuurance company bsuing thc commitment indicating that Seller bas exclusive poss~sion of the Property, ~at the ProperD, ii not subject to mechanics' liens or potential claims of mechanical' liens, that Seller is not a foreign pesos as contemplated by Section 1445 of the Internal Revenue Code to avoid the necessity to withhold a portion of the purchase price and indicating SeUer's Taxpayer Identillcat'ion number. Taxa for the current year IhaU be prorated to the Closing Date. In thc event the current year's ~.t amount is not then available., the ts.x~ shall be prorated btscd upon the previous year's tax bill Ri~k of loss shah remain Nth Seller until closing and possession shall be given to Buyer at tbe time of cinstng, except chit Buye,r,~iy/~,~t $ OC? 1 3 ]998 during the pendency of chis agreement (only after .11 conditions bare been sati,i3ed), place · sign(s) on the property r.'gardlng its developm?L 7. COSTS. SeUer shaU pay for the documentary scamps to be affixed to the deed and Buyer shall pay the cost of recording the deed. Buyer shall pay for the title insurance premium at "risk rate" and Seller shall pay for the abstract. Any and all costs incurred in connection with a mortgage loan to Buyer shall be borne by Buyer. 8. DEFAULTS. If all the terms and conditions hereof have been fuLCtLled and Buyer fail, to close upon thl, Agreement, then, upon demand of Seller, aU earnest money deposits shall be delivered by Escrow Agent to Seller as full consideration for the execution of this Agreement and iu full settlement of all claims for damages, and Seller and Buyer shall thereupon be relieved of all further obligations each to the other hereunder. In the event Seffer faits to perform any of the covenants hereof, Buyer may elect co demand and receive return of all earnest money deposit~ and any accrued interest thereon from Escrow Agent and SeUer and Buyer shaU thereupon be relieved of all further obligations each to the other hereunder, or Buyer may elect to have specific performance of this Agreement. 9. WA.RRA.NTiF~ AND REPRESENTATIONS OFSELLER. SeUer represents and warrants to Buyer, to the best of Seller's knowledge, information and belief, the foUowing: (a) Seller has not received writ'ten notice of pending or publicly announced condemnation of all or any part of the Proper-ry. (b) SeUer hfs not received written notice of pending or threatened litigation against Seller or that would alTect the Property. (c) Seller ha{ good marketable record titles to the subject property except a.s otherwise herein'provided and seller has good right and lawful authority to execute this Agreement and perform all of the terms, covenants aud provisions hereof. Each of the foregoing warranties and representations, co the best of Seller's information, knowledge and belief, are believed co be true -,ad correct on the date of full execution hereof and will continue to be true and correct on the date of closing unless SeUer advLses Buyer to the contrary in which event Buyer may elect within tea (I0) days of receiving notice of SeLler or the Closing Date, whichever is ~rlier, to terminate and.be entitled to a fuU refund of aU deposits and this Agreement shall terminate without liability of either party.. If such election is not timely made, Buyer shall bc obligated to close the transaction. OCT J. 3 7998 10. REAL ESTATE COMMISSION. (a) Seller shall pay to OMEGA REALTY & DEV'ELOPM. KNT CO. OF TA.M~A BAY and NAPLE'S R~ALTY COMPANY, INC. a real e. state commLss~on in the amount o~ , to be divided equally, upon, and only upon, the conditions provided subparagraphs (b), (¢) and (d) below. (b) The transaction contemplated by this Agreement must close for there to be any liability for the payment of the commission. I1' this transaction faits to close for any rea. son, including a default by either Seller or Buyer, no commission shall be due and none sbaU be paid. (c) The commission shall be paid only at time of Closing, from the dtsburscments of the proceeds of the sale. If Buyer faits to perform and deposit(s) ts retained by the SeUer, no portion of the commission shall be payable. (d) The commission is paid as fuU consideration for Broker's' services including costs expended by the Brokers. If the Closing faits to occur, there shall be nothing due from SeUer to the Brokers. (e) In any litigation arising out of this paragraph, the prevailing party shaU recover reasonable attorney fees and costs. To Seller: (0 If either party hereto usu the services ora realtor or broker other than the broker identified above, such party shall di. sclose and identify said realtor in this Agreement. Such party shall be solely respo~ible for fuU payment of any cornmLMJon due the realtor with whom he has dealt. Other than the Brokers, each of the parries agree to indemnLfy the other with respect to any broker with whom the indemnifying party dealt. 11. NOTICF. S. Any notice or demand which may be g~ven under thi~ Agreement or under any law shall be in writing and shall be deemed to have been given when delivered either by personal deliver7 or when mailed by certified mall return receipt requested postage prepaid, addressed to the respective parties at the following adxtresses: ROSE MARY WUERZ c/o Christopher Smith Naple's Realty Company, Inc. 6871 Bottlebrusb Avenue Napl~, Florida Phone: (941) 263-4411 Fax: (941) 594-0364 with copy to: To Buyer: Michael D. Mulc~hy, Esquire 1533 N. Woodward Avenue, Suite 200 Bloomfield Hilts. Michigan 48304 Phone: (248) 642-8688 Fax: (248) 642-'/791 OLYMPIA DEVELOPMENT GROUP, INC. Northwood Commons 2454 McMullen Booth Rd. Suite 421 (2nd Floor) Clearwater, MoHda 34619 Attn: William E. Touloumis Phone: (813) 797-5999 Fax: (813) 724.9717 OC'- 1 3 1998 The addresse~ may be changed by either party by giving written notice of change of address to the other party in the manner bercinabove prov ded._~ 4.. - 12. MISCELLANEOUS. (a) The covenants herein contained shall bind and the benefits and advantages shall inure to the respective heirs, personal representalives, successors, and assigns of the parries hereto. Whenever used, the singular number shall include thc plural, thc plural the singular, and the use of any gender shall include all genders. (b) The captions and headings herein are for convenience and reference only and in no way define or limit thc scope or co'attar of this Agreement or in any way affect i~ provisions. (c) This Agreement shall be effective u of the last date upon which each of the parties hereto have executed thi~ Agreement. (d) This Agreement shaU be interpreted, construed, and enforced in accordance with the laws of the State of Florida. The venue for any action hereon shill be Collier County, Florida. . (e) This Agreement may be amended or changed only by an instrument in writing. No waiver of any provision of this Agreement shall be valid unless in writing and signed by the part), again.if whom it is sought to be enforced. (0 Tir~e i~ o£ the essence of this Agreement. (K) In the event it becomes necessary to commence litigation to enforce the termJ of tbts Agreement, the prevailing party sbaU be entailed to payment of all of its expetues, including reasonable attorneys' fees in trial and appellate proceedings. th) A fax shall be treated as an original At the request of either party the orik~al mar be re. executed. Any notice required hereunder may be sent via facsimile ts weU as by mall. ti) Seller shall not from the date of thi~ contract, execute any instrument of any type (including, but not Limited to, leases, deeds, mortgages or Liens) affecting the property without the prior written consent of the Buyer, which cousin! shall not be required to extend or refinance mortgages or liens pre.~ently of record. 1.3. EX~E~ON BY SELLER. In the event Se~~ execute and de'er a copy Agreen~ent shall terminate and be of no further force or effect. IN V~ITNESS WHEREOF, the parties have executed this Agreement ~ of the date 'SELLER ../' Executed this f_,~_.~ay of October, 1997. ROSE s~.atV ~'V£n~, .rO T~tee of the VanderbH~ench Road Land T~t indicated above their respective signatures. BUYER Executed,~i~2-~" day of October. 1997. . ,,.i -W][LLIA,~ E. TOULOUMIS ITS BROKERS Executed thi?~_.=~_ da)' of October, 1997. OIV~EGA~~.D3~VELOPMENT CO. OF ITS PRESIDENT '" Ezecuted this .fi__ day of October, 1997. NAPLF_d'$ REALTY COMP,4~D/, INC. Print Name: ~.},,~'c~",e~put-~,r- ,,...~.~t ~'/ ITS O,.~-,,,~-rt_ / / The undersigned acknowledges receipt of a fully executed cop)' of this Agreement. Dated October /~'- , 1997 INC.. OCT 1998 ..._.Po ESCROW AGREEMENT The undersigned, ts Escrow Agent, hereby acknowledges receipt of the earnest money deposit referred to in Paragraph l(a), above, and agrees to bold and dlaburse such deposit and any future deposits pursuant to the terms and provL~lons of the preceding Purchase and Sale Al:reement. In the e~ent of a alL, pure between the parties with respect to enQtlement to the escrow del~SiL~, Escrow Agent may file an interpleader action In the Circuit Court of CoLLier County, Florida, and deposit the funds into the Registry of the Court, whereupon Escrow Agent shah have no further liability in regard thereto. Executed ,1997. BY: Print Name: ITS 10 OCT 1 3 1998 Exhibit "1" La. gel Oesc~pbon The Ncxlhwest Querier (NVV~) of Ihe Northeast Quaner (NE~} of [he Nc~'theasl (Jua, mr (NEb) of Sect~o~ 2. To'w~ship 49 South. Range 25 Easl. Collie~ Counly ~'loric/a less Co~'~ler~rlg al the SoglJ'n~s! co~e~ of the Wesl half of the Nofthwe. sl quacler of Northeas! lua~ler of ~ Norlheasl quartet Section 2, Township 49 South, Range 25 Collier Cognty. Flodda; ~ North 1 ' 52' 31' West 435.60 feel along ~ West ~ine e¢ West half of ll~ N~:xlh, west qua'ler of the Nollheast quartet of the No~e'asl quarter of sa~d Secli~ 2; ~ Soulh 89' 57' 3~' Ea~ 150.00 feel parallel and 435.60 feel from the Seth line of lhe West half of the Nm'tt'n,~st quarter of ~ Ncxlheesl quarter of lhe Northeesl quarter of said Section 2: ~ South 1 ' 52' 31' East 435.60 feet parallel 50.00 reef from the We~ llne of the West half of the Nortt'n~st quarter of the Ncxlheasl quetlet' of the No¢lheast quarter of said Section 2; lhence North 89' 57' 38' Wesl 150 gO feel alor~ Ihe South line of the West half of the Norlhw~st quarter of the Northeasl Of the Northeasl quatler of Said Section 2 Io I~e Po~n[ of Beginning Section 2 1 owrlship 49 Soulh, Range 25 East, Ihe Norlh half of ~e Northeasl querle~ of t~e No~heasl quarler of ~ No,'lheast quartet less right Of way. Colli~ Ccx.~nly. Fk~ida OCT 1 2 7998 0C7 i 3 7998 ,,, _..,.¢'? __S OCT i 3 1998 WALGREENS A PLAN.'NED U~IT DEVELOPMENT Re~lations and Supporting Master Plan Governing the Walgreens PUD A Planned Unit Development Pursuant to Provisions of The Collier Count.,,' Unified Land Development Code Prepared For: Olympia Development Group, Inc. 2454 McMullen Booth Road Suite 421 Clearwater. FL 33759 Prepared By: Bob Thinnes. AICP Q. Gradv Minor and Associates. P.A. Civil Engineers · Land Sun'eyors e Planners 3800 Via Del Re,,' Bonita Springs. FL 34134 · ....: .~ . ? .~ Date Filed Date Revised Date Approved by BCC ORDINANCE NUMBER 05/05 08/~9 9g F WALGREEN' W^L PUD EXHIBIT "A" 0p.r ! 3 1998 TABLE OF CONTENTS Statement of Compliance SECTION 1 Property Ownership & Description SECTION 2 Project Development Requirements SECTION 3 Commercial Plan SECTION 4 Development Commitments EXHIBIT A Master Plan 1) (3) (6) (~2) OCT i 3 ~998 STATEMENT OF COMPLIANCE T'ne .... d,-v,-~,,..r .... ......... , ,-,r approximately ~5.,58m. acres of prope~;, Jn Collier r"r,u,w. ..... as. a Commercial Planned Unit Development to be-known as. Walgreens PUD. will be in cor~pliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The project will be consistent with the growth policies, land development regulations and applicable comprehensive planning objectives of each of thc elements of thc Growth Management Plan for the following reasons: Activity Center Development The subject property is located in an area identified as an Activity Center the Collier County Growth Management Plan. ,: Activity Centers are the preferred locations for the concentration of commerchl and development activities that contain a mixture of uses. The subject tract is located on the southwest comer of Airport-Pulling Road (CR- 31) and Vanderbilt Beach Road (CR-862) in. tersection. This strategic locatiSr allows the site superior access for the placement of commercial activities. ~ The project is in compliance with all applicable County regulations including the Gro,.vth Management Plan. The project will be served bv a complete range of services and utilities as approved by the County and/or the City of Naples. , The project is compatible with adjacent land uses through the internal arrangement of structures, the placement of land use buffers, and the proposed development standards contained herein. ; The Planned Unit Development includes open spaces and naturalized oped features which serve as project amenities, t All final local development orders for this project are subject .to the Collier Count,.' Adequate Public Facilities Ordinance. . (i) 1998 SECTION PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the proJect name of Walgreens PUD. ' ~ 1.2 LEGAL DESCRIPTION PROPERTY DESCRIPTION North 'h of the Northeast ',4 of Northeast ~,~ of Northeast k~ of Section 2. Township 49 Soutiq, Range 25 East, Collier County, Florida. Less and excepting the Eastern I00 feet thereof'. And :The Northwest quarter ('NW',~) of the Northeast quarter (NE ~) of the Northeast quarter (NE of Section 2, Township 49 South, Range 25 East, Collier County, Florida. less the following described parcel: Commencing at the Southwest corner of the x,'(/est Vi of the Northwest V~ of the Northeast !/~ of the Northeast V4 Section 2. Township 49 South. t~,~ze 25 East, Collier County., Florida; thence North 1° 52' 31" \Vest 435.60 feet along the \Vest"}ine of the West of the Northwest '/I of the Northeast '.,t of the Northeast ~,,t of said Section 2; thence South 897 57' 36" East 150.00 feet parallel and 435.60 feet from the South line of the \Vest '/2. of the Northwest ,fi of the Northeast ,~ of the Northeast ,/~ of said Section 2; thence South 1° 52' East 435.60 feet para/lei and 150.00 feet from the West line of the West 'h of the Northwest '~ of the Northeast ~ of the Northeast ~ of said Section 2; thence North 89° 57' 36" \Vest 150.00 feet along the South line of the West 'h of the Northwest ~ of the Northeast '~ of the Northeast ~ of said Section 2 to the Point of Beginning. Bearings based on Emerald kakes at Bridget Lake Plat Book 15, pages 45 and 46. Containing 15.68 Acres more or less. (1) OCT 1 3 1998 1.3 PROPERTY OWNERSHIP 1.4 1.5 1.6 1.7 The subject property is currently under the ownership of Rose Mao' Wuerz as Trustee of the Vanderbilt Beach Road Land Trust c/o Christopher Smith. Naples Realty Company, Inc., 6871 Bottlebrush Avenue. Naples. Florida. Olympia Development Group, Inc. has a Purchase and Sale Agreement to purchase the property for the intended use of retail and office development. GENERAL DESCRIPTION OF PROPERTY AREA The project site is located in the NE 1/4 of Section 2, Township 49 South, Ranve 25 East, at the southwest corner of the intersection of Airport-Pulling Road a~d Vanderbilt Beach Road. The property is currently vacant. The zoning classification of the subject property prior to the date of this approved PUD Document was A and PUD. The westerly 10+ acres is zoned PUD for the La Fontana PUD, while the easterly 5_+ acres is zoned A, agriculture. The effect of the approved PUD will be a rezoning of the subject property to Walgreens PUD PHYSICAL DESCRIPTION Elevations within the proj.ect site range from 7.3 to 13.5 feet NGVD. All of the site is in Flood Zone "X" accordine to Firm Map 120067-0385 D, effective date of June 3 O 1986. ~ ' The soil types on the site are Immokalee fine sand and Basinger fine sand. PRO.FECT DESCRIPTION The project will be a high quality community shopping center with a maximum of 156,800 gross square feet of commercial development. The Walgreens PUD may be developed as a single hotel site with a Walgreens drugstore as an outparceI or any' combination ef outparcels, hotel and shopping center. The number of hotel units shall be calculated at a rate of 26 units per acre based upon the area of the property utilizedl as the hotel si:e. SHORT TITI.E This Ordinance shall be known and'cited as the ";Valgreens PUD ~lanned Unit Development Ordinance". (2) 1998 SECTION 2 PROJECT DEVELOPMEN'F REQUIREMENTS 2.1 2.2 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. ~: GENERAL Co Do ho Regulations for development of Walgreens PUD shall be in accordance with ;the contents of this document, PUD-Planned Unit Development District and othei' applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the ' ' .... ' time of buzld,ng permzt applmatign. Where these regulations fail to provide developmemal standards then fhe provisions of the most similar district in the Collier Count,,' Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the defixtitions set forth in Collier Count.,,' Land Development Code in effect at the time of building permit application. All conditions imposed for the development of Walgreens PUD shall become pa!rt of the regulations which govern the manner in which the PUD sIte max' Be . I; developed. Except as modified by this PUD, the provisions of the Collier Count,,, Land Development Code remain in full force and effect with respect to the devel~pment of the land which comprises this PUD Development permitted by the approval of this petition will be subject to ~ coacurrency review under the provisions of Division 3.15 Adequate Public Facilities Section of the Collier County Land Development Code at the earliest or next to occur of either final SDP approval, final plat approval or building permit issuance applicable to this development. (3) OCT ! 3 1998 2.3 2.4 Co DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND L'SES A. The project Conceptual Master Plan is illustrated graphically by Exhibit "A", PUD Master Plan. The project shall have a maximum of 156.800 gross square feet of COmmercial development. The Walgreens PUD may be developed aS a single hotel site with Walgreens as an outparcel or any combination of' outparcel(s), hotel and/or shopping center. If'a mixed use development, the number of hotel units shall be calculated at a rate of' 26 units per acre based union the hotel site area. Exhibit "A" graphically depicts the two access points .to Vanderbilt Beach Road and a single access to Airport-Pulling Road. Road rights- of-way, internal circulation, water manaeement, native vegetation and buffers are depicted on Exhibit "A". In general, t/ne commercial uses would be located in close proximity to the on-site circulation. RELATED PROJECT PLAN' APPROVAL REQUIREY, iENTS ,' A. Prior' to the recording of a Record Plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appro date Cour, ty governmental a~encv t ~ .......... .. P Collier o . o ..... -~,-,..,mpl/ance ',vim the PUD Master Plan, the Collier Count)., Subdivision Code and the platting laws of the S~ate of Florida.. B. Exhibit "A", PUD Master Plan. constitutes the required PUD Development Planll Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat. if applicable, shall be submitted for the entire area zovered b'v the PUD Master Plan. .An.,,' division of properly and the development oi" thc land shall be in compliance with Division 3.2 of the Collier Count,,. Land l-)cvelopmen[ Code and'! the platting laws of the State of Florida· The provisions of Division 3.3 of the Collier County Land Development Code,' when applicable, shall apply to the development of ail platted tracts or parcels of land as provided in said Division prior to or concurrent '.*,'/th the issuance of a building permit or other development order. : Appropriate instruments will be provided at the time or' infrastructure" improvements regarding an.,,, dedications and melhod for providine perpetua! maintenance of common facilities. (4) OCT ! 3 1998 2.5 2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. ASSOCIATION OF PROPERTY OW'NERS FOR COMaMON AREA MAINTENANCE Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of tl~e subsequent purchasers of property within said develc~pment in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners' Association whose function shall include provisions for the perpetual~ care and maintenance of all common facilities and open space subject further to the provisions of the Collier County Land Development Code, Section 2.2.20.3.8. (5) 3.I SECTION 3 COMMERCIAL PLAN PURPOSE The purpose of this Section is to identify the type of Commercial Uses and development standards that will be applied to the 15~68± acre Walgreens PUD. The entire site will be developed as a conu'nercial project. All numerical group references are from the "Standard Industrial Classification Manual - 1987" 3.2 USES PERMITTED No building or structure or part thereof, shall be erected, altered or used or land uses, in whole or part, for other than the following: A. Permitted Principal Uses and Structures O~ses are set forth in SIC Code): Agricultural Services (groups 0741 except outdoor kenneling, 0742 except outdoor kenneling, 0752-0783 except outdoor kenneling). Amusements and recreation services (groups 7911-7941, 7991-7993. 7997, 7999). Apparel and accessory stores (groups 5611-5699). Automotive dealers and gasoline service stations (groups 551 I, 5531,5541 in accordance with the requirements of section 2.6.28 of the Collier County Land Development Code and Groups, 5571, 5599 new vehicles only). Automotive repair, services, parking (groups 7514, 7515, 752I) and carwashes (group 7542), provided that carwashes abutting residential zoning districts shall be subject to the following criteria: Size of vehicles: Carwashes designed to se,we vehicles exceeding a capacin. rating of one ton shall not be allowed. ' b. Minimum yards: Front yard setback: 50 feet Side yard setback: 40 feet Rear yard setback: 40 feet (6) OCT 1 ,3 1998 c, .Minimum frontage: A carwash shall not be located on a lot with less than Feet or' frontage on a dedicated street or highway d. Lot size. Minimum 18,000 square feet. e. Fence requfrements, If a carwash abuts a residential district, a masonry or equivalent wall constructed with a decorative finish, si,'< feet in height shall be erected along the lot line opposite th~ residential district for a distance not less than 1.5 feet. The wall shall be located within a landscaped buffer as specified in section 2.4.7 of the Collier County Land Development Code. ,All be protected by a barrier to prevent ~ehicles from contactin~ them. waits shall f. Architecture, The building shall maintain a consistent architectural theme along each building facade. g, Noise. A carwash shall be subject to Ordinance No. 90-I 7, Collier County Noise Control Ordinance [Code ch. 54, art. IV]. h. Washing and polishing. The washing and polishing operations for all car v,'ashin'g facilities, includin~o self service car washing facilities, shall be enclosed on at least two sides and shall be covered by a roof.~ Vacuuming facilities ma)' be located outside the building, but may not be located in an,,' required yard area. i. Hours of operation. Carwashes abutting residential districts shalI be closed From i0:00 p.m. to 7:00 a.m. Building mat(rials, hardware and garden supplies ~groups 523I-5261'~ Business services (groups 7311-7352, 7359 except airplane, industriaI truck, ponable: toilet and oil field equipment renting and leasing, groups 7361-7397 except armored car and dog rental, group 7389 except auctioneering, bronzing, field warehousing salvaging of damaged merchandise). , Communications (groups 4812-4841) including communications towers up to specified ;i height, subject to section 2.6.35 of the Collier County Land Development Code. Commercial prindne (group 2752, excluding newspapers). Eating. and drinking estab, lishments (.g..roups >$12..~813) excluding horde clubs Ail establishments engaged m the retail sale of alcoholic beverages for on-premise consumption are subject to the locational re uirement ,.. - County Land Development Code q s of semon 2.6.10 of the Co/lief (7) O.2T 1 3 '~998 ti. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. Engineering, accounting, research, management and related services (groups 8711-874~) Food stores (groups 5411-5499). General merchandise stores (groups 5311-5399). Glass and glazing work (group 1793). Hardware stores (group 5251). Health services (groups 8011-8049, 8051-8059. 8062-8069, 8071-8072 and 8092-8099). Home furniture, furnishing and equipment stores, (groups 5712-5719, 5722. 5731-5736). Hotels and motels (group 7011). Insurance agents, brokers and service (group 6411). Legal Services (group 8111). blembership organizations (groups 8611-8699). Miscellaneous repair services, except aircraft, business and office machines, large am~ appliances, and white goods such as refrigerators and washimz machines (groups 7629- 7631). ~ Miscellaneous retail (groups 5912-5963, 5992-5999). Motion picture theaters (group 7832). Museums and art galleries (group 8412). Nondepository credit institutions (groups 6111-6163). Paint, glass and wallpaper stores (group 5231). Personal services (groups 7215, 7217.7219-7261 except crcmatories, groups 7291-7299).! Public administration (groups 9111-9199, 9229, 9311, 9411-9451, 9511-9532. 9611-' 9661 ). '. Real estate (group 6512). Retail nurseries, lawn and garden supply stores (group 5261). (8) OCT 1 3 1998~ 32. 33. 34. 35. 36. 37. 38. 3.3 Security and commodity brokers, dealer, exchanges and services (groups 6211-6289), Social sereices (groups 8322-8399, except for homeless shelters and soup kitchens). United States Postal Service (group 4311 except major distribution center). Veterinary services ~'groups 0742, 0752 excluding outside kenneling). Videotape rental (group 7841). Vocational schools (groups 8243-8299). Merchandise storage and display: Unless specifically permit'ted for a use, outside storagd or display of merchandise is prohibited. B. Permitted Accessory Uses and Structures.. 1. Accessory uses and structures customarily associated with principal uses l permitted in this district. DIMENSIONAL STAuNDARDS The following dimensional standards shall apply to all permitted and accessory uses: A. Minimum Lot Area: Ten Thousand (I0.000) Square Feet. B. Minimum Lot Width: One Hundred Fifty (150') Feet C. Minimum Yard Requirements: 1. Front Yard: 2. Side Yard: 3. Rear Yard: 4. Waterfront: 5. Building Separation for Principal Structures Any yard abutting a residentially zoned or used parcel: Maximum Height: I. Commercial: 2. Hotel/Motel: (9) Twenty-five feet (25') Fifteen feet (15') Fifteen feet (15') Twenty-five feet (25') Fifteen feet (15') or distance equal to one half (I/2) the sum of their heights. whichever is the greater. Twenty-five feet (25') Fifty feet (50') Ten (10) stories above finishe~ not to exceed i00 feet OCT i 3 1998 3.4 3.5 .Minimum Floor Area of Principal Structure: Seven hundred 1700~ square feet gross flc,r area for each buildinu on the ground floor. Minitnum Off-Street Parking and Off-Street Loading: As required in Division 2.3. Collier County Land Development Code l.andscaping and Buffering: As required in Division 2.4. Collier Count,., Land Development Code Maximum Density: 26 units per acre for hotel;motel when located within an activity center. 16 units per acre when located outside an activity center. Signs A. General At the ume of initial development of the project and until buildout, si_ma regulations of Division 2.5 and Division 2.8 of thc Collier County Land Development Code in effect September 1. 1998 shall apply unless such regulations are in conflict with the conditions set forth in this section. Thereafter. sign regulations in effect at the time shall apply, unless such regulations are in conflict with the conditions set forth in this section. Director-y Signs One I1) sign with a maximum size of 250 square fret for each entrance on each public street shall be permitted for multiple occupancy parcels such as shopping centers, provided thev contain five or more independent businesses. An,.' outparcel which does not have frontage on Vanderbilt Beach Road or Airport-Pulling Road mav be included in meeting the requirement for independent businesses. C. Development Identification SiDns One (1) ground sign used only to identifv the name of thc development shall be permitted on site. located at the intersection of Vanderbih Beach Road and Airport-Pulling Road. Such sign is permitted to have a maximum area of 250 square feet per sign face. PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavauon of earthen mater/al and its stock piling in preparation of water management facilities or to othenvise develop water bodies is hereby permitted. If after consideration of fill acuvities on those buildable portions of the project site it is evide that there is a surplus of earthen material, then its off-site disposal is hereby subject to the Ibllowing conditions: 0ET (~0) 1998 Excavation activities shall comply with the definition of a "development excavation" pursuant to Division 3.5 of the Land Development Code whereby off- site removal shall be limited to 10% of the total up to a maximum of 20.000 cubic yards. All other provisions of said Division 3.5 are applicable. (11) OCT 1 3 1998 4.1 4.2 4.3 4.4 SECTION 4 DEVELOPMENT COM.M IT.ME.NTS PURPOSE The purpose of this Section is to set forth development of the project. GENERAL All facilities shall be constructed in strict accordance with the Final Site Development Plan and all applicable State and local laws, codes and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code, Division 3.2, shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall follow ' regulations of the PUD as adopted and any other condition~ the Master Plan and the or modifications as may be agreed to in the rezonSng of the property. In addition, an3' successor or assignee in title to the developer shall be responsible for any commitments ;vkhin this agreement. PUD MASTER PLAN : the development commitments for the Exhibit "A", PUD Master Plan illustrates the proposed development and is conceit)mai in nature. Proposed tract, lot or land use boundaries or special land, use boundaries shall not be construed to be final and ma.,.' be varied at an),' subsequent approval phase. Subject to the provisions of Section 2.7.3..5 of the Land Development Code, changes and amendments ma',, be made from time tol time. . All necessao, easements, dedications or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. SCHEDULE OF PROVISION DEVELOPMENT/MONITOR.LNG REPORT AND SL~'SET This PUD shall be subject to the'Sunset Provisions of Section 2.7.3.4 of the Land Development Code. (12) OCT 1 3 ~998 4.5 4.6 4.7 TRANSPORTATION The development of this PUD Master Plan shall be subject to and governed by the following conditions: mo Arterial level street lighting shall be provided at all project access points prior to the issuance of any Certificate of Occupancy. Access points shall be coordinated with adjacent development to the west and to the north, such that future traffic signalization may be accommodated. Turn lanes shall be provided consistent with Ordinance 93-64 along with compensating right-of-way prior to the issuance of any Certificate of Occupancy. Do The County reserves the right to modify., including full closure, any median opening serving this project. The applicant or his successor in title shall be responsible for a fair share contribution toward any future traffic signal serving any access point for this project. WATER MANAGEMENT The development of this PUD Master Plan shall be subject to and governed by the following condition: Water Management design and construction shall conforn~ to Division 3.3.5.5.5.4. of the Collier County Land Development Code. U'TILITIES The development of this PUD Master Plan shall be subject to and governed by the following conditions: Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to ser-,,,e the project are to be designed, constructed. conveyed, owned and maintained in accordance with Collier Count,,' Ordinance No. 88-76. as amended and other applicable Count3,' rules and regulations. (13) OCT i 3 1998 4.8 4,9 4.10 ENGDiEERDqG The development of this PUD Master Plan shall be subject to and governed by the following conditions: Design and construction of all improvements shall be subject to compliance wlth the appropriate provisions of the Collier County Land Development Code, Division 3.2. ENVIRON'MENTAL The development of this PUD Master Plan shall be subject to and governed by the following conditions: Ao Petitioner shall retain 1.27 acres of native vegetation on site or mitigate as required in section 3.9.5.5.4 Collier County Land Development Code. . An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. C. This project is located within a Collier County Groundwater Protection Zone and shall comply with the appropriate sections of '.he Groundwater Protection Ordinance No. 91-103 in effect at the time of final development order approval. LA~NI)SCAPIN'G FOR OFF-STREET PARKING AREAS All l~dscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Collier County Land Development Code in effect at the time of building permit" application. (14) OCT I 3 1998 i i EXECUTIVE SUMMARY ADOPT AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 91-97 THEREBY REMOVING BOTH COLLIER COUNTY PRODUCTION PARK AND CORPORATE SQUARE FROM WITHIN THE NAPLES PRODUCTION ,PARK STREET I.IGHTING MUNICIPAL SERVICE TAXING UNIT. ~L~..~C_TJ,Y_~: To amend Ordinance No. 91-97 by removing Collier County Production Park and Corporate Square from within the Naples Production Park Street Lighting MSTU. CONSIDERATIO~$: The Office of Capital Projects Management (OCPM), in follow-up to Board acceptance, during open session (July 23, 1991, 16H5), ora petition by the property owners in Naples Production Park for installation of street lighting, submitted an agenda item for creation of the Naples Production ['ark Street Lighting MSIU. On October 8, 1991 (12C6), the Board adopted Ordinance No. 91-97 creating the Naples Production Park Street Lighting MSTU. The bounder',' used for the Naples Production Park Street Lighting MSTU is the same as that which was used fo'r the Naples Production Park Roadway MSIU (Ordinance 85-39 adopted August 6. 1985). The bounda~' encompassed two existing street lighting districts--the Collier County Production Park Street Lighting MSTU (Ordinance No. 81-79) and the Corporate Square Street Lighting MSTU (Ordinance No. 87-I1 >. These lighting districts have since been roiled into the County-wide Street Lighting District (Ordinance 72-1. as amended). Therefore. it is necessary to adopt an ordinance correcting the boundary of thc Naples Production Park Street Lighting District by rcmox'in~ Collier County Production Park's and Corporate Square's boundaries. ~ FISCAL IMPACT: None GROWTH MANA_GEMENT IMPACI: None RF-,-C._Q~E,.N_~D_2kI_[O_~: That the Board adopt the subject Ordinance amcndinu Collier County Ordinance No. !>1-97 to remove both Collier County Production Park's and Corporate Square's boundaries finn', within the Naples Production Park Street Lighting MSTU, and authorize the Clerk of Courts to file same with the Secretary of State. PREPARED BY: .... Marqtma K~ng, lencal perv ? ~"-~ DATE: 08./17/98  ion Services Director REVIEWED ' ' DATE: fi"'" / 7"~ ~' Ed Ilschncr. Public Works Administrator I ORDINANCE NO. 98- 2 ~ AN ORDINANCE AMENDING COLLIER COL,~TY ORDINANCE a NO. 91-97 TO REMO\'E BOTH COLLIER COUNTY ? PRC~DUCTION PARK ANT) CORPORATE SQUARE FROM THE 6 BOUNDARY OF THE NAPLES PRODUCTION PARK STREET 7 I.I(;HTING ML'.'NICIPAL SERVICE TAXING UNIT. 9 \vi IF R[iAS,. the Board of County Commissioners of Collier County fhereinafler referred to 1c~ as thc "Board"l. o~ October 8. 1991, passed and duly adopted Collier Cmmty Ordinance No. 91-07 11 creating thc Naples Production Park Street Lighting Mumcipal Service Taxing Unit for thc purpose 12 ofprovidm_e strec't lighting within Section 36. Township 49 Somh, Range 25 East lyre? in Collier 13 Coumv and. to th.'.t end. to possess all the powers IO do all things reasonably necessa~' to provide 14 s.ch serx ~ces. mch:d~ng o'.vnersh~p or rental of property, poles. 'u. lres. conduits, lighls, meters and thc 15 pox, cr to maintain 'itc same and tn enter ~nm cnntract~ for providing thc same and lhe electric current 16 to opt r.uc any h~htmg system therein ~nstallcd; 17 WHER!:AS. the Board. on December I. 1951. passed and duly adopted Colher County 1S ¢)rdmance N~ s I -'"';' creating thc Collier Courtly Production Park Street l.ighling Municipi. fl Service Io Taxing, I'nil I'm the purpose of prm.'~ding lighting to the resntcnts of thc I~nit; and 20 WItEP. I(.\S. the Faoard. in early 1072. passed anti duly atloptcd Collier Count', Ordinance 21 No. 72-! creating tte Colhcr County l.ight]ng District: and 22 \VItEI,'J'~ \.q the I~oard, on March 28. 1080. passed and duly adopted ('olher ('cmntx 23 tqrdinancc './~, ~0.21 repealing Ordinance No. 81-'~9 ant! amending Ordinance No "2-1 hy addm~ 24 ccrt;un cxistm.u slrcvl h~h:lng municipal see',, ice taxing umt's such as the (.'oilier County Producu,,n 25 PaH¢ S~rcc~ l.iyhtm.., Municipal Service Taxing Unit to the Colher County Lighting Distr~cl: and 26 \VIIf:R[:..,\S the Board. on March 24, 1987. passed and duly adopted Colhcr ('c, unl,. 27 Ordinance No .~7.11 creating IheCorporate Square Slreet L~ghling Municipal Scr,.lce TaxmF I_:I'm 28 fnr the purpose of pw,'..'~dm_e street i~ghting to residents o£thc :'.lumcipal Service Taxing 1 2') \VIIERE,.\S. the Board, on FebruaD' 13. 199cL passed and dui3' adopted Collier County 30 Ordinance No u,q.1 ~, amending Collier County Ordinance No. 72-1 by adding the Corporalc Squarc 31 .qtrecl l.~ghtlng .'Vlcm~cipal Service Taxing Unit to the Collier County Lighting D~strict: anti 32 ",VIIEREAS. Ibc Board has delermined that both Collier Courtb Productmn Park and 33 Corporale Square ;,re included in Ihe boundaries of Naples Production Park Street Idt2hling J OCT I .3 iBq8 I Mumcipal Sec'ice Taxing Unit crealed by Ordinance No. 91-9'7 and lhat bolh areas by prior Board 2 acl,m arc alread) ~ncluded wnhin thc Colher Count>' Lighl/ng Dislrict Ordinance No. 72-I: anti 3 \VItEREAS. /he Board desires Io remove thc Collier County Production Park and Corporale 4 Square from file }'oundancs of/he Naples Produclmn Park Street Lighting Municipal Service Ta',.mg 5 6 Itl I1 12 NO\t:. IttEREFORE. BE 1T ORDAINED BY THE BOARD OF COl 'NTh' ('OM.',,IISSIONE!,~S OF COLI_IER COUNTY, FLFIRII)A, that: ,,51~¢ZTIONONE. AMENI)M'ENT TO SECTION ONE OF ORDINANCE NO. 91-97 TO CtI..\NGE TIlE ttOIiNDARIES OF TIlE NAPLES PRODUCTION PARK STREET I.IGItTING Mt N'ICII'/t.I_ S EP.".'ICE TAXING UNIT TO REMOVE THE COLLIER COUNTY PRODUCTION PARK AND CC)RPORATE SOUARE FROM THE BOL,~DARIES OF THE UNlT. Secn.n r)re of ('oilier Count>, Ordinance No. 91-97 is hereby amended to exclude the 13 fo Io,.ving r, vo are;.s frnm Ihe boundaries oflhe Municipal Sen'ice Taxing Unit: 14 15 t6 17 Ig lO 21 22 23 24 25 26 28 2') 31 32 33 34 35 36 37 38 39 4O 41 -~2 43 44 45 46 47 t'-mmencing a! Ihe Soulheast comer of Scchon 36. 'Fov,'nship 40 South. Range 25 EasL Collier County. Flor.la, nm N OO"15'42" E along Iht east hne of said Sccnon ':6 a chstancc of 50 Ol feel lo a point on Ibc norlherly right-of-way line of Radio Road anti thc Poinl of Beginning; thence continue N (,T'I 5'42" E 1924.6~} feel: Ihence 5, ~'r~:I~'34" \V 2116 00 feet; /hence N oo°15'42'' E 54.55 feet; Ihcnce S 8q¢'18'34'' `iV Or, nn feet Io a Point of Curvalnre ora non-langent curve;/hence 38.85 feel along llte arc .~f a cun'e, concave In the norlhv..esl, ha'crag a radius of 25.00 feet and sub/crated hv .~ chord having a length of 35 th6 feel and bearing S 44"47'08" \t.' IO a Point of 'T an.,2, enc.v; thence S 89'18'34" W 279.51 feel to a Point of Cun'ature; thence 39.65 fi:ct along thc arc of a curie, concave to tile nonheasl, having a radius of 25.t}0 fl.'e/ and subtended b>a chord having a length of 35 62 feel and bearing N 45°15'29'' W lo a non-langent line: thence S 88°35'14" W 6rL03 feet to a Point of Curvalure ora non- /angenl curve; thence 38.80 feet along Ihe arc of a curve, concave to the northwest, haxmg a radius of 25.00 feel and subtended by a chord having a lenglh of 35 hg feet and hearing S 4-1°44'31.. W Io a Point of Tangency; thence S 89°18'34'' W 33'/14 lc.e/ In a Point of Cun'ature: thence 39 61 feet along the arc ora curve, concave to thc nonqeast, having a radius of 25 OO feet. and subtended by a chord having a lene/h of 35 50 feel and hearing N 45018't/9'' W.lo a non-langcnl line; thence S 88~4c1'~6'' 'it,. t~,} n2 feet: thence N OC~°05'08'' E 437.36 feet; thence N 89054'55.. W 22t~ 55 feet; ~hc::'.'e S r10¢05'c'8'' W 525.00 feet. thence N 80°18'34" E 195.21 feet to a Porn/ of (,tva/ute; lhence 30.61 feel along the arc of a curve, concave to the soulh,,tesl. k,a'.lng a radius of 2500 feel and subtended by a chord having a length of 3550 feet and beanng S 45018'09.. E 1o a non-tangent line; thence N 88'~39'02'' E 6002 feet to n Point of Curvalure of a non-tangenl (un'e; thence 38.93 feet along Ihe arc of a curve, con(nye to thc southeast, having a radius of 25.00 feet and subtended by a chord having a length of 35.12 feet and bearing N 44°41'51'' E to a Point of Tanl:ency; thence N 89°18'34" E 338.97 feet to a Poinl of Cum'a/ute; thence 39.65 feet along the arc ora cun'e, concave to the Soulhwesl, having a radius of 2500 feet ;I/ltl :mb/ended by a chord having a length of 35.62 feet and bearing S 45°J5'20'' I! to a Po:ill of Tangency; thence S O(1"10'28" W 603.27 feel; thence S 89~'16'f}6'' 'it,' lt~.(~/ feet; Ihencc S 00o10'28" W 1267.31 feet to lhe norlherly righl-of-way linc of rmho Road fC-8581; lhcnce N 80°11'10" E along said right-of-way linc a d/si,mm: of 65¢,.5 ' feet lo Ihe Poinl of Beuinnin.e.. . It'*O. I 0c, I B All of Corporate Square as recorded in Plat Book 14, Pages 27-28, inch,sivc, of Ibc 2 Public Records of Collier County, Florida; all being a part of Section 36. Township 4',~ a South. Range 25 East. Collier County. Florida, containing 37.92 acres more or less. 4 ~ SECTION TWO. INCLUSION IN CODE OF I.A\VS AND ORDINANCES 6 I he pro',ismns of lhis Ordinance shall become and he made a part of the Code of l. aws and 7 Ordinances of Ccfilier County, Florida. The sections of the Ordinance may be renumbered or 8 releuered m accomplish such. and the word "ordinance" may be changed to "section", "article", or 9 an) other appropriate word. IO S£C'TION THRJLF.. CONFLICT AND SEVERABILITY 11 In fac overt this Ordinance conflicts with any other ordinance of Collier County or other 12 applicable la'.,., thc more resmctive shall apply. If any phrase or porlion of ~his Ordinance is held 13 invahd nr uncnnst~m~mnal by an.',' court nf competent jurisdiction, such portion shall he deemed a 14 separ.',~c, dmunct uml independent pro,.'mnn and such holding shall not affect 0~c validily of thc f5 rcmamm? pomon 16 $ ECl' lr(2.~L2~ EFFECHVE DATE 1~ lh~ Ordinance shall became effective upon filing with the Florida Departmcm of S~ate of |o 2(3 (-'c, unt. y. I Jr~rlda. Ih)i f'..\SS[iD ,\N'D D!'I.Y ADOPTED by lhe Board of Courtly Commlss~oners of Collier day of . 1908. BOARD OF COUNTY COMMISSIONERS COLLIER COL,,~I"Y, FLORIDA BARB.-~.RA B BERRY. Chaimum EXECUTIVE SUMMARY APPROVE AN A)IENDED ORDINANCE RELATING TO BEACH, WATER AND VESSEL CONTROL. Objecti'`'e: That thc Board of Count)' Commissioners approve an amendment to Ordinance 89-1 I. as amended, relating to Beach and Water Safety and Vessel Control. Consideration: Ordinance 89-1 I. as amended, provides regulations for use and conduct on the beach, vessel regulation, concession operation regulations, equipment rentals, and conduct of vendors on the beach and adjoining waters. The proposed amended beach, water & vessel ordinance states that said vendor's headquarters must be located only on land that is sea.`~ard of the land o'`vner's building that is immediately adjacent to the beach, and that the operations must be conducted wholly within the t~'`'o (2) seaward proiections of the north / south propers' lines of the respective upland parce_.!. This prevents a vendor from soliciting business beyond the upland lando~vner property line..Also, the amended ordinance authorizes staff to impose conditions on the permit if the vendor violates an,,' regulations. Under the existing ordinan:e, a beach vendor applicant may receive permission from an owner who has access :o~ a beach even though said owner's property is not located directly on the beach. Upon receiving said oxvner's permission and proper State permits, the vendor is not required to conduct business directly, adjacent to the beach access of thc oxvner granting permission: therefore, a potential to have our beaches overrun by beact~ vendors exists if said ox~ner grants permission to numerous vendors. The Board pre.` iously approved thc idea of this amendment on February 10. 1998 when the County Attornex directed to amend this ordinance. The Parks and Recreation AdvisoD. Board (PARABi also recommends this proposal. Fiscal Impact: None Growth Nlanal~ement: Noae Recommendation: amended. Thnt thc Board appro.`es said amendments relating to Ordinance 8q-l] as pre,,iouslx Prepared by: '~,,~_~...)~ ~_, ~ohn Dunnt~ck. Operations Coordinator Department of Parks and Recreation ApprovedReviev"ed and "' l)epartment of Parks and Recreation Date: Date: ?,"'... /'/ :' Reviewed and ~ ~ Approved by: ~~ Yho~a~' Xk:. ~lliff. Ad-'~strator Division of Public Sen'ices ¢)RIHNANCE NO. 98- ..xN OI,tl)INANt'E AMENDING COLLIER COL.'NTY ~)RI)IN.xN(. E N(~. 89-II. AS AMENDED, THE COLLIER £()I'N-I'Y WA'I'I2R SAFETY AND VESSEL CoN'rROL ORIHN.\NCE. TO CLARIFY TItAT EACH BEACtt VENI)OR 511'.';'I' CONDUCT ALI. OF ITS LA.NT~ BASED OI'EIL.XTI(}NS XVlTlllN TIlE NORTH ANI) SOL'I'H tIO['NI)ARIES OF TIIE ADJACEN'I' UPLAND PROJECTED SEA~; ARI} T() l lIE BEACtI: A.\~)TO AUTHORIZE TIlE I)IRE(~IOR OF I'ARK.q AND RECREATION TO IMPOSE PERMIT I.I(_'ENM~ CONDITIONS UPON THE BEACtl X'I-~NI)()I~, t'}.~I,tMI'I',I.I('ENSE AS TilE DIRECTOR DEEMS '1 ~ BE NECESSARY IF TIlE RESPEC~I'I VE PIqRMI'I'I'EELI( ENSI.;E DID NOT YI~I.lqI.L AI.I. PRIOR {'OI.'N-FY I'F. RMI'I/I.ICENSE CONDITIONS AT ANY TIME Ill'RI\f; 'I'll}-; PRECEDING PERMIT/LICENSE I'ROVIDIN¢; I:(H~. CONFI.1CT AND SEVERABII.ITY; PR()VII)IN(; I-()R INCLL'SION IN TIlE CODE OF LAWS AND ORi)INANCES: PROVIDING AN EFFECTIVE DATE. ~VItEREA.q. C,~h:..: Cou.".:~. !;as adopted Or~ir~n:.e No. ~9-I 1. as amended, kmown and c:::.-3 ..:, :Lv (.',,!ltv: ( , ~:::'. V.'.::c: Sa!c:) and ".'et, scl Control Ordinance'; and 'O,'IIER.tL-X.';. 5,v.~:e:. S'.".~'x ,cf Oral:nan\'.- No 89-11. as amender:l, (codified as Section ;.:'6-5'., c: :!..: c','an:'.', c :: ,: '.a'.~: ~n:~ Org:r. ar.:c~ specifies certain beach vendor permit t cqu::'c.'n.c:;::. % ttERI. \',. ' ..~.: :~:::.:: ...::::i,'.-::t.,;, t, n::eded in O.:,s Ordinance, the Count.'. ['ar}::. and Rfc::.'.:::, :. ~;.y.:'::..'::: .:::2 ::.: I , ..::w.'.,. Park R~ngers Administratmn have requested that Sczr~,a 5:.=':. : ::.-: lc:..:, .~::2 ',~.::.:: .S.:.,"c:': Ordm',.mce be amended (al to cl~ify ~e long- st.,nd:n: p. 2,) :::.~: :-.2 c ..i.::: r . :'.:. 'v.~N '.endt,rs ~aF, o axe permitted licensed by the CounL\' m',zs: o;a2~.~i :Lc'.: ;~:;,2 ,,.:.:.:'a: , ::). ,m t'cac!; front land ~at is situated ~,i',.hin the north and so:ti: ;:', .z:_?~::. 5....:..L:.:.t ,: ':...:::::;:..2~.:::I.'. a,hd:rnt upland property, and (b) such rllu5: !':' o,r:,2'.:,:=.! ,,:... :,.: ,::.. :.::tv a. tilt' rc:,pcctive Beach vendor h. as ~.c:ix.'e a. rld currently ,,'al;,/' ;,crt:;:,,:,.:. ::,.::~ :L~. ',;j'i~:id *, ,:;ce to oc;:tlp.', the respective uplands and from there coaduc: all ut' II...' ::~::'. ::::, Hr::. a'.:':? .: :.".'d :,'. !!r: ('t,lher CounLv beach vendcr's permit,'license; and WIIERI'.'.~,S. ,:~:d Dr?.:r: ::'::;: t!:c Park Rangers Ad:nmisu'a:~on have requested that Sec:h::: 5::'.:::; t~: I!.: ():2:::a.-.~c ~:l-,, be amended to authorize the Dixector of Pm-ks and Recrea::r,n Io ;::[pi,se 5i't'~;zl ~,~::3: :,J;:s as deemed necessary by the DLrector to be applied to a rcne'.~aI of a bra:l; '.c:;2,,r per::::: hccnse il' that beach vendor did not fulfill each and ever.,, cond:::on o: t.~;': Fr,.: .'.car's p::::::' h,.rn:r. ',~hich special conditions rna.', Frovide that under the nc;tl5 is=ucd Fcc::::: !::,:.".,= 2:: ;-:r:n:!~ce hcen.~ec bca probationar}' permit.'licen.se with a month- 0l;I 1 '.. '~cq WIIERt-L.tS. ge: I;' i'd ,,f Count> Commissioncr$ accepts the recommendations of the St:df .xO'O,'. TIIEREFORE, BE IT OKDAINED BY THE BOARD OF COL~'TIF CO.MMISSIONERS OF ('OI.LIER COt .~TY, FLORIDA, that: SECTION ONt-~; A.MENDMEN'I'S TO SECTION SEVEN OF COLLIER COUNTY ()F. DINANCE NO. 89-11, AS A.MENDED. Subst, ctm:l, I~ ,f Scct~,,n S::',en of Collier Count),' Ordinance No. 89-11, as amended, is hereby a:.'lc;ldvd ',o rc.~d as hA:o,,,.., SECTION -r,' -,' .'q.', It. ¢:f)NCES.~ION OPEI:L&TIONS, EQUIPMENT RENTALS AND *, ENDOR'., ON TIlE BEACH AND ADJOINING WATERS. 'I}:c sa:cb .::.J ..,:.'.:_.::.. ~,: IL.: persons that reside nearby the county's beach areas and of th'.' F...:h2c :rea: r.:.::.:::, :: ~:..:. ~'.='-,ct'~ and adjoining v, aters m~es necessary and appropriate the follo'.~ ;ag rcgul:~::, ~ I, B~ ,: ;: ; ,.,:.:': · ..,~ ;..::: Rc,/a:rcmcr4. An.', person or entity to, he engaged in the re.'".::::, ira,::;;. ?' ::2::::.: :: ..ons:Jer~hon. or o~erwise providing transportation for remur...:.-a:~,,::. ,..~-.c4. ::: .: ,:;z~.c ¢ wind-driven vessel for use by the public on the beach or adjom;::i: '.'.:..:ur- ,.: ::::., .:.:5. :;.,!udmg ~~,l,fl jet :-kis and/or sailcrafi, shall be r:du::t.J :,, ~,~-:.:.:: .~ ,. , '.='::Jm p~'r:na h~m..~ from the count>'. A beach vendor p~':::l:: L'.;';;,;.."- ............ = r:., ~ ~'-'~ W"'n the a?phcan: pa}rog such application fcc there:',:." .:, ~-,' ~.~.: ........... th': ~" R ' ..... =._~,..~,, ...... ~. r,-. ctmnv.., eso,utlon. 'lhe applicant must mct'l ar,.t-~lw-4,~,~ :!,.: :,.:: ,..., :at:' a 'J };;- .... ~ .... :i',.:~.,: '.:','~ ....... ,m opcr.'t:o::.s oIfice or headqu,.~ners loc.2ted at a l:,,'~d- bas~'d {:,:a:~,,n ~;{ ~ (~'--,~im,,~,~.,~ ~'ea immediately adjacent fO where the p'.'r::::::.*-d ...... * ·. ,.. t'~m~ to be provided for public use. The o£.qge h;.~ ..... ,' ~-' /,:ca:ed only on land tha~ i~ immediately seaward of the upkmd_~._'.ii~-_'~__.U~!n__b~[ding adjacent to that adjoining beach. The land basgd ~P..~;~'d':'}'&.~.'~:JS.ILV~..UIkL'~ .~;' condu;i~ wholly ~i~hin the geographic confines of the '.2.' _, '.~'._,_;g /. ;':g',~.'~i..:D.,:.~ 21:' north.'s(,uth..croperty lines of the upland parcel, and ,_,:15.':' h::,d..l;[Xl.zD_XX;,.kk ,"...~ ~..mh direct physical access to rem the beach In :!er t".~: ~";;- F.:'r:::l'.t~Al.-a.'p. see has its authorization to occupy lhe upland ~i''i~* '' ..... ,,:~:'±_',::]i~."~'& ,-ur_~-2.1~r~vi:e cancelled by the upland lendowner or from ~:.:~c'~c:~'~ '~.;:~,_,:~ ,,~ c~',~ audK, rJzed that p~Jt~e~./lict~e Io ~cupy tha~ u~land a:ca. l,?~s of r~k: ,,; 'J::: u~kmd occupancy shall ~hereby automatically void ~e then t,.:s:::; ('?:.' C,..~n:3 brach vendor's pe~itqicense for ~a~ ~e~. TF.: a?ph, ar,~ mu.~ have and mmnuin a telephone ~d ~me radio aiu I~d- basvd oFcra:lons c 'Ibc ~,?,~.a::: :::a:~ have a motorized chase ~at wifli o~ratJo~l ~ine radio in g~C rum:::4 ,u:;d:u~m thai meets all U.S. Coasl Gu~d safety requiremens, That boat .md.: gs i.c.;: a~ t~:r ', ~-~ wi ~cm:d si~c dunng ~11 hours of applic~l's tcnm] operations. ] ::: .:71 ',~.m: ma .: ha',c ~nd mamum comprehe~ive general hatility imur~ce '.~::~: ,,,'.~':.;::-:. : ]¥~' :L~:. ::.v ~m~,,:r;~ of ~Sr/~.f//).~3combinud single I~i~. ,: 'It:...:;-;.,..::.: ,. .... 7:,'.idc a list describing aqd indicating ~e v~tc vessel reg~5:r~:?,:: ::::::t'z: ,,: w. h m~,;,,rlzzd xessel appli~l~ placei in service. Each ~y ....... 'z'"'~ ?:~::g .: ..... .:.: for ~ubi~: use :Se: under a ~!lier Count' beach xc:;.~,, r ~ P:::::~:~,;2:: ha~e~ shall ha~c a s~te vessel regis~ation n~ber affixed 7'L:. ~;T:.-.:: ' .::z: F:'"' ~d: ~ ~,f ha~ at least mivEwzlly one ~ operational ~::: ;c.t 1,;: c.a.:', ,,...7.c:: ~;'a~c e:l each of the vessels to be offered far public use under 'I :,:. ~;-?:;z~nt :::.;,: Fru'. i&' ~ ~ilc plan tor thc beach opcrauon that mcludc~ the *';'vra:;.,:.. ~, ......... "' ' : - ,,: '.hz bcuch and thz in~ress, and egress points to that operation h. ] i:z aF7'.~-'.::::" rc4u~rcfl to obtain a county ~c,pafional licetae for i~ operatio~ o~:2cc rcq::;c.! u;:.lc; ~l;;s szcnon. ~o obam ~ occupatio~l lice~e, ae applier must pro'.:d: p:,,..,f c,:' ha','mg a current, vahd beach vendor's ~it. Revocation of ~e oczzp:m,?; ', hzrnse shal~ azto:natically void the respective beach vendor pe~it/license. ~'~ p:r:m~E~e hol~er violates a%' condition of ~e ~ach vendor pzrn2?: h,~z:~ ~i;b' pzrmi: license year an~~ Counw in writing Of lhc x i,21,m,,n~h~)irvc~or r2f Parks and Recreation is au~or2~ to ~se conditions on ~e vu~2zau'~_a;m~::d~'~g xcndor's pe~iVlicense fa probafionaD' pe~it'license), ~ck.J:ng ~s:::~ ;e r:~,~-,_,-m,2:~th permit'hcense that shall be su~arily v~idable for .................. , ,.-.~,, '_a±~c,~.,n.', of Ihe .r~errlllL/Ijcense condition,:'Sl, SECTION 'l'X~, ( }: {. 'ONI:I.ICT A.N'D SEVERABILIT¥. I,';, rE: o',c:: :hi50rdiaan.:c conflicts with an)' other ordinance of Collier County or other applicable law, thc more restrictive shall apply. If hcld m',a::d or '.:n.,,:%:i:ut~on.~l I,y any court of competent jurisdiction, such portion shall be dee,.m.-'d a sc?ara:=., distinct and independent provision and such holding shall not affect the valid;:', of SECTION TIIREK: IN('IA'SI¢)N IN TIlE CODE OF LAWS AN'D ORDINANCES. The F:oxI,~,m, ~,: ~I::, O:,.tm,Jnce shall become and be made a part of the Code of l_aws and OrdL-.,x.-:::c: ,,:' (',qb:.: (',',~r,:] . Fiur:d~. The section..; of the Ordinance ma)' be renumbered or rele::~:red :o :: .'n. Th~h ?,.ch. an.l the word 'Ordmarlce' may be changed to "Section", ".oS, ri:c!:.'", o[a:;'. ~,'L:: .,'~7:,.['rla:: 'o, ord SI']CTION I"O['R: Et"I"t'X;'II%'[~ D..'tTI'L This ( ' ~'" -),~..:'..:.:.~' 5k.;~2 b'.'.,.::;;, vI.':.t:',c upon filing of this Ordinal'ace with the Department of S:a:e I'ASSED A. NI) l)t'l.Y AI)OIrFED h', the Board of Court}' Commissioners of Collier Coun::.. FL.':;2~. :k;---_ Jw. <.,! __ , 1998. .ATTES I': DV,'I(;i{'I E BI-:C)CK. r'b..:;. I¢O..xRD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA B',' Approved as h, and legal Thoma~ C. Palmer Assi~tam Coun:x .\L, BARBARA B. BERRY, Chairman EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "CARSON ROAD MOBILE SUBDIVISION", AND APPROVAL OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Carson Road Mobile Home Subdivision", a subdivision of lands located in Section 31, Township 46 South, Range 29 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Carson Road Mobile Home Subdivision,, These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. It is the intent of the developer to record the plat prior to construction of the improvements. The security in the amount of 110% of the total cost of the required improvements is being covered by construction and maintenance agreement and a cash bond. This would be in ccnformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Carson Road Mobile Home Suk, division,, be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $6400.00 {estimated} to be bcrne by the developer. The cost breakdown is as follows: a) Water & Sewer 300.00 b) Drainage,Paving, Grading $6100.00 Security amount (10% of project cost) is $640.00 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 Development Services Revenue generated by this project: Total: $547.11 Fees are based on a construction estimate of $6400.00 and were paid in April, 1998. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac) $437.40 b) Construction Drawing Review Fee Wtr/Swr(.50% const, est.) $1.50 Drng,Pvng,Grdg (.425% const, est.)- $25.93 c) Construction Inspection Fee Wtr/Swr (1.5% const, est.) Drng, Pvng,Grdg (1.275% const, est.) OCT 1 3 1998 Executive Summary Carson Road Mobile Home Subdivision Page 2 GROW'I~ F~AGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECO~ENDATION: That the Board of County Commissioners approve the Final Plat of "Carson Road Mobile Home Subdivision" with the following stipulations: Accept the Cash Bond as security to guarantee completion of the subdivisi.~n improvements. o Authorize the recording of the Final Plat of "Carson Road Mobile Home S'~bdivision". o Authorize ~he Chairman to execute the attached construction and maintenance agreement. 4 o That no Cer~:ificates of Occupancy be granted until the required impr~Dvements have received preliminary acceptance. PREPARED BY: · --~ John R. Houldsworth, Senior Engineer Engineering Revlew Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review I4anager Date Robert Mulhere, AiiP Planning Services Department Director Vincent A. Cautero, AICP, Administrator Community Development & Environmental Sez-vices Date Date JRH 007 1 3 ~9~8 ~AIN ST. LOCATION MAP - ~NOT TO SCALE----_ CONSTRUCTiO;,i AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIV"ISlON IMPROVEMENTS PRIOR TO RECORDING OF PLAT AGREEMENT entered into this day of ,1998 between ~ORD INDEPENDENT BAPTIST CHURCH. INC,, hereinafter ~ferred to--as 'Deve oper,' and the Board of County Commissioners of Collier County, Florida, hereinafter refe~q'ed to as the 'Board.' RECITALS: the 8---'1' 'OeveloPer b.a.s, s. imultaneousty with the delivery of this Agreement, applied for approval by uaro OT a cena,n p~at or a subdivision to be known es~ CARSON ROAD MOBLF HOME SU~DiV~iOi~j. 2. Division 3.2 of tt'~e Collier County Land Development Code allows the Developer to construct the improvement~ required by said subdivision regulations pdor to recording the final plat NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set focth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: within ~ months from the date of approval of said subdivision plat. said improvemenls hereinafter referred to as the required improvements. See Exhibit'A' 2. Developer herev~th agrees to construct said improvements pdor to recording said subdMsion pla/and this Board of County Commissioners shal~ not approve the piat for recording until said improvemen:s have been completed. 3. Upon complebon of said improvements, the Developer shall tender its Subdivision performance secumy ~n lho amount of ~ which represents ten percent of lhe total contract cost to comp;eta construction Upon receipt of said subdivision performance security by the Development Services Director, the Developer may request the Board of County Commissioners to approve the subdivision plat for recording and grant preliminary approval of said plat. 4. The required ~mprovements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the CoIIrer County Land Development Code 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substanlial completion, either-, a) notify the Developer in writing of his preliminary approval o! the improvements, or b) not,~ the Developer in writing of his refusal to approve the improvements, therewith spedfying those conditions which the developer must fulfill in order to obtain the Director's approval o~' the improvements. However, in no event shall the Development Services ID;rector refuse proliminary approval of [,he improvements if they are in fact constructed and submitted for approval in acCOrdance with tho requ~:emenls of this Agreement. 6. The Devebper shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services. After the one year maintenance period by the Developer has term:hated, the Developer shall petition the Development Services Director to inspect the required improvements The Development Services D rector or his designee sba inspect l~e improvements and. rf found to be still in compliance with the Col ier County L3nd Development 1 of 2 OCT ]. 3 ]998 Code as reflected by final approval by the Board. the Board shall release the ten percent subdivision p~rformance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for the County. 7. In the event the Developer shall fail or neglecl to fulfill its obligation under this Agreement, upon cer'Ufication of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of [he required improvements, The Board shall have We dght Io construct and maintain, ~ cause to be consL,'ucted and maintained, pursuant to public adveWsement end receipt of acceptance of bids. the Improvements required herein. The Developer, as pdndpal under the subdivision performance security, shell be liable to pay and to indemnify the Board. upon completion of such consb'uction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with an damages, either d~rect or consequential, which the Board may sustain on account of the failure of the Developer to futfill all of the provisions of this AgreemenL 8. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the developer. IN V~TNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this day of ,1998. W~tnesses to. Lake Trafford Independen! "-~o Baptj.s! Church, h3c Type.. rPd d !a e Typed or Printeo Name Lake Trafford Independent Baptist Church, Inc. Name.~ ~1 HolbrOOks TiMe: President and Pastor ATTEST: DWIGHT E. BROCK. CLERK Approved as tojform and legal su,~ciency BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA By:, Chairman (Ord No g2-73,& 20rd No g4-58. & 3. 10-21.g4 2 of 2 OCT 1 3 1998 pg. ,.~ EXECUTIVE SUP~Y ;~PPROV;tL OF A CONTRACT WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) TO PARTICIPATE IN GROUND WATER Q~3ltLITY MONITORING EFFORT OBJECTIVE: 7o h{ve the Board of County Commissioners approve the attached contract with the Florida Department of Environmental Pro~ection (FDEP Contract Number GW]8]). CONSIDERATIONS: The scope of the contract complies with and is consistent with the Pollution Control & Prevention Department's efforts relative to ground water quality monitoring and contributes to implementation of objectives and policies of the Growth Management Plan. With this contract, Pollution Control & Prevention Department, FDEP and it' s Contractor, South Florida Water Management District ( S F%~MD) shall agree to cooperate and optimize the ground water quality monitoring network and FDEP will share ground water quality monitoring data with the County. Contract requirem6~nts are listed in the attached Contract. FDEP agreed to compensate all the cost associated with this contract up to $3,000.00. County staff wilt attend three (3) quarterly meetings of the EDEP Ground Water Quality Network- (Attachments FISCAL IMPACT: FDEP will fund the County, at the amount of up to $3,000.00 for tke work conducted. Funds and associated expenditure were budgeted and incorporated in Fund (114), Cost Center 178975 for Fiscal Year 98/99. GROWTH MANAGEMENT IMPACT: Approval of this contract will significantly contribute to implementation of many of the goals of the ConservatiDn and Coastal Management Element of Growth Management Plan and Natural Ground Water Aquifer Recharge Sub- Element to protect the County's ground water resources. RECOMMENDATIONS: That the Board of County Commissioners: (1) approve the attached contract FDEP GW181 with the Florida Department of Environmental Protection (FDEP), which will provide the County with funds; not to~>.~.ceed $3,000.00 for the FY98/99, and authorize the Chai~n to execute the contract. (2) authorize staff to process budget reflect the final contract amounts. amendmpnt to AGE A OCT ! 3 998 Executive Sumgna r v FDEP Contract GW181 Page 2 PREPARED BI': Mary Co'me 1 isse Clerical Superviso: REVIEWED ~':': APPROVED BY: G. George Yilmaz, Ph.D., P.E., P.H. / Director Po~on Control & Prevention Department Vincent A. Cautero, AiC?, A~ministratcr Czm~,un±ty Developmenz & Environmental Services 21vision GY:mc: executlve su~g~ar y Attachment OCT 1 3 ~998 CONTRACT DEP Contract No. GW181 CO, PY THIS CONTRACT is entered into between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 (hereinafter referred to as the "Department") and the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS whose address is County Governmental Center, 3301 East Tamiami Trail, Building G, Naples, Florida 33962 (hereinafter referred to as the "Contractor"), a governmental entity, for participation in the Ambient Monitoring Program in Collier County. In consideration of the mutual benefits to be derived herefrom, the Department and Contractor do hereby agree as follows: The Department does hereby retain the Contractor for participation in the Ground Water Quality Monitoring Network in Collier County as defined herein and' the Contractor does hereby agree to perform such services upon the terms land conditions set forth in this Contract and all attachments and exhibits named herein which are attached hereto and incorporated by reference. The Contractor shall perform the ser',dces in a proper and satisfactory manner as determined by the Department. Any and all equipment, products or materials necessary to perform this Contract shall be supplied by the Contractor, unless otherwise specified herein. o The Contractor shall perform as an independent contractor and not as an agent, representative, or employee of the Department. As consideration for the services rendered by the Contractor under the terms of this Contract, the Department shall pay the Contractor on a fixed price basis in the amount of S3,000 as specified in Attachment A. All bills for amounts due uinder this Contract shall be submitted in detail sufficient for a proper pre-audit: and post-audit thereof, All travel and incidental expenses are included in the fixed ~)rice amount of this Contract, This Contract shall begin upon execution by both parties or October 1, 1998, (whichever is later) and remain in effect until September 30, 1999, inclusive. In accordance with Section 287.058(2), Florida Statutes, the Contractor shall not be eligible for reimbursement for services rendered prior to the execution date of this Contract. The State of Florida's performance and obligation to pay under ti contingent upon an annual appropriation by the Legislature. DEP Contract No. GW181, Page 1 of 7 OCl 1 3 1998 10. 11. Pursuant to Section 215.422, Florida Statutes, the Department's Contract Manager shall have five (5) working days, unless otherwise specified herein, to inspect and approve thE; services for payment; the Department must submit a request for payment to the Florida Department of Banking and Finance within twenty (20) days; and the Department of Banking and Finance is given ten (10) days to issue a warrant. Days are calculated from the latter date the invoice is received or services received, inspected, and approved. Invoice payment requirements do not start until a proper and correct invoice has been received. Invoices which have to be returned to a contractor for correction(s) will result in a delay in the payment. A Vendor Ombudsman has been established within the Florida Department of Banking and Finance who may be contacted if a contractor is experiencing problems in obtaining timely payment(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at 850/488-2924 or 1-800-848-3792. In accordance with Section 215.422, Florida Statutes, the Department shall pay the Contractor, interest at a rate as established by Section 55.03(1), Florida Statutes on the unpaid balance, if a warrant in payment of an invoice is not issued within forty (40) days after receipt of a correct invoice and receipt, inspection, and approval of the goods and services. Interest payments of less than S1 will not be enforced unless a contractor requests payment. The interest rate established pursuant to Section 55.03(1), by Comptroller's Memorandum No. 3 (1997-98) dated December 3, 1997, has been set at 10% per annum or .02740% per day. The revised interest rate for each calendar year beyond 1998 for which the term of this Contract is in effect can be obtained by calling the Department of Banking:land Finance, Vendor Ombudsman at the telephone number provided above or the Department's Contracts Section at 850/922-5942. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the r-.revisions of Section 7(;8.28, Flodda Statutes. ' ' The Department may terminate this Contract at any time in the event of the failure of the Contractor to fulfill any of its obligations under this Contract. Prior to termination, the Department shall provide ten (10) calendar days written notice of its intent [o terminate and shall provide the Contractor an opportunity to consult with the Department regarding the reason(s) for termination. The Department may terminate this Contract without cause and for its convenience by giving thirty (30) calendar days written notice to the Contractor. Notice shall be sufficient if delivered personally or by certified mail to the address set forth in paragraph 11. Any and all notices shall be delivered to the parties at the following :Idresses: OO7 1 3 1998 DEP Contract No. GW181, Page 2 of 7 ~ / 12. 13. 14. 15. 16. 17. Contractor Department Collier County Board of County Commissioners Governmental Center Attn: George Yilmaz 3301 E. Tamiami Trail, Bldg. G Naples, FL 33962 Florida Department of Environmental Protection Division of Water Facilities Attn: David Adams (MS# 3525) 2600 Blair Stone Road Tallahassee, FL 32399-2400 Pursuant to Section 216.2815, Florida Statutes, all records in conjunction with this Contract shall be public records and shall be treated in the same manner as Other public records are under general law. This Contract may be unilaterally canceled by the Department for refusal by the Contractor to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Contractor in conjunction with this Contract. The Contractor shall maintain books, records and documents directly pertinent to performance under this Contract in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Contract and for three years following Contract completion. In the event any work is subcontracted, the Contractor shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. The Depart. ment's Contract Manager is David Adams, Environmental Specialist II, Phone 850/414-8550. The Contractor's Contract Manager is George Yilmaz, Director, Phone 941/'732-2502. All matters shall be directed to the Contract Managers ,¢or appropriate action or disposition. The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Contract and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Contractor any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Contract. The Contractor covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. This Contract has been delivered in the State of Florida and shall be accordance with the laws of Florida. Wherever possible, each pro DEP Contract No. GW181, Page 3 of 7 OCT ~ 3 1998 18. Contract shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Contract shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Contract. Any action hereon or in connection herewith shall be brought in Leon County, Florida. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Contract, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 19. The Contractor recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Contract. 20. 21. This Contract is neither intended nor shall it be construed to grant anv rights, privileges or interest in any third party without the mutual written agreement of the parties hereto. No person, on the grounds of race. creed, color, national origin, age. sex. or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Contract. 22. This Contract is an exclusive contract for services and may not be assigned in whole or in part without the written approval of the Department. 23. The Contractar shall not subcontract, assign, or transfer any work under this Contract without the prior wri~en consent of the Department's Contract Manager. The Contractor agrees to be responsible for the fulfillment of all work elemer~ts included in ar}y subcontract consented to by the Department and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Contractor that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Contractor shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 24. It is expressly understood and agreed that any articles which are the subject of. or required to c,arr~ out, this Contract shall be purct~ased from the corpoiation identified under Chapter 946, F.S., if available, in the same manner and under the same procedures set forth in Section 946.515(2), (4), F.S.; and for purposes of this Contract the person, firm or other business entity carrying out the provisions of this Contract shall be deemed to be substituted for this agency insofar as such corporation are concerned. ~ ~,4")~ DEP Contract No. GW181, Page 4 of 7 ....... 1 ...................... '4 ........................................................................... OCT 1 3 ]998 25. 26. 27. 28. 29. The "Corporation identified" is PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED ENTERPRISES, INC. (P.R.I.D.E.) which may be contacted at: P.R.I.D.E. 12425 28th Street Nodh St. Petersburg, FL 33716 Telephone: (813)572-1987 To the extent required by law, the Contractor will be self-insured against, or will secure and maintain during the life of this Contract, Workers' Compensation Insurance for all of his employees connected with the work of this project and, in case any work is subcontracted, the Contractor shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Contract is not protected under Workers' Compensation statutes, the Contractor shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not other'wise protected. The Contractor warrants and represents that it is self-funded for liability insurance, appropriate and allowable under Florida law, and that such self-insurance' offers protection applicable to the Contractor's officers, employees, servants and agents while acting within the scope of their employment with the Contractor. The purchase of non-expendable equipment costing S500 or more is not authorized under the terms of this COntract. The Department may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Contract (e.g., specifications, time, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order which causes an increase or decrease in the Contractor's cost or time shall require an appropriate adjustment and modification (formal amendment) to this Contract. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. DEP Contract No, GW181, Page 5 of 7 OCT 1. 3 1998 30. The Contractor shall comply with all applicable federal, state and local rules and regulations in providing services to the Department under this Contract. The Contractor acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Contractor further agrees to include this provision in all subcontracts issued as a result of this Contract. 31. This Contract represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Contract shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Contract, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK AGENDA ~TE M.~ OCT 1 3 1998 IN WITNESS WHEREOF, the parties have caused this Contract to be duly executed, the day and year last written below. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Collier County Board of County Commissioners County Government Center 3301 East Tamiami Trail, Bldg. G. Naples, Florida 33962 FEID No. 59-6000558 By: BARBARA B. BERRY, Chairman FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Director, Division of Water Facilities or designee Date: Approved as to form and Legal Sufficiencv obert- N ./Z'a ~: h a Q' Assistant Count,,' Attorney DEP Contracts Administrator DEP Attorney List of attachments/exhibits included as part of this Contract: Specify Letter/ Type Number Attachment A Descriotion (include number of pages~ Scope of Services (1 Page) REM.*,INDER OF PAGE INTENTIONALLY LEFT BLANK DEP Contract No. GW181, Page 7 of 7 OOT ]. 3 1998 ATTACHMENT A SCOPE OF SERVICES CONTRACT TASKS Each activity to be performed has been identified and described as a separate task: TASK I - ATTEND GWQM PROGRAM MEETINGS AS SCHEDULED BY DEP One or more Contractor staff members will attend three quadramonthly Ambient meetings. Appropriate Contractor staff will attend up to 3 other meetings scheduled by the Department such as sampling courses, data analysis and application training workshops, or IWRM meetings. Each of the quadramonthly meetings will last approximately 3 days. TASK II- FINAL REPORT Summarize all tasks and recommendations associated with the Contract into a final report. Include copies of any publications/documents produced by the Contractor utilizing Ambient Netv,,ork data. REPORTING REQUIREMENTS The Contractor shall submit progress reports every four (4) months in conjunction with an invoice. Each progress report shall indicate work performed during the reporting period, percentage of project completed, problems encountered, and planned solutions. A final report, as described in TASK It above, shall be submitted to the Department no later than the comp!etlon date of the Contract. PAYMENTS The Contractor shall submit invoices every four (4) months, based on the percentage of project completion, in conjunction with progress reports as required herein. A final invoice must be submitted no later than thirty (30) days after the completion date of this agreement, to assure the availability of funding for final payment. The Department shall have fourteen (14) calendar days from receipt of a deliverable to determine satisfactory performance. If said deliverable is acceptable to the Department, the invoice shall be processed for payment with the invoice processing time beginning o~'~ the date the Department approved the work product submitted by the Contractor. cbc 6/3/98 gm 7/23,'98 DEP Contract No. GW181, Attachment A, Page 1 of 1 OCT i 3 1998 EXECUTIVE SUMMARY AI~PROVAL OF AN AGREEMENT WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO PARTICIPATE IN SURFACE WATER QUALITY MONITORING OF DRAINAGE BASINS/BIG CYPRESS BASIN OBJECTIVE: To have the Board of County Commissioners approve the attached contract with South Florida Water Management District (Agreement Number C-9704). CONSIDERATIONS: The scope of the agreement complies with and is consistent with the Pollution Control & Prevention Department's efforts relative to surface water quality monitoring and contributes to implementation of objectives and policies of the Growth Management Plan. With this agreement, Pollution Control & Prevention Department, and South Florida Water Management District (SF%~MD) shall agree to cooperate and optimize the surface water quality monitoring network and share water quality monitoring data. Agreement require~.ents are listed in the attached Agreement C- 9704. S~E4D agreed to compensate all the cost associated with this contract up to $45,000.00. County staff shall provide quarterly reports and a comprehensive data summary at the completion of the said project. FISCAL IMPACT: SF%'MD ,,Jill fund the Count}.', at the amount cf up to $45,000.00 for the work conducted. Funds and associated expenditure were budgeted and incorporated in Fund (114), Cost Center 178975 for Fiscal Year 98/99. GROWTH M3~AGEMENT IMPACT: Approval of this agreement will significantly contribute to implementation of many of the goals of the Conservation and Coastal Management Element of Growth Management Plan. RECOM}4ENDATIONS: That the Board of County Commissioners: (1) approve the attached Agreement C-9704 with the South Florida Water Management District (SFW%4D) which will provide the County with funds; not to exceed $45,000.00 for the FY 98/99, and authorize the Chairman to execute the contract effective September 14, 1998. (2) authorize staff to process budget reflect the final agreement amounts. amendment to ~ (3) authorize staff to recruit temporary staff necessary for the implementation of Agreement C-970 ~f OCT 1 3 1998 Executive Summary Agreement C-9704 page 2 PREPA~RED BY: Clerical Supervisor REVIEWED BY: APPROVED BY: ~-------~--~-~ ~-- ~k;--~-~---~ DATE: I- /~'~ G. George Yilmaz, Ph.D., P.E., P.H., Director Polluti~n Control & Prevention Department / z DATE Vincent A. Cautero, AICP, A~inistrator ff -( .~ .... , ..... y Development & Enviro~ental Services Division GY:mc:executlve su~r:ary Attachment AG E. NDAJ ~,E M, NO. ~ OCT 1 3 1998 SOUTH FLOR1DA WATER MANAGEMENT DIS - AGREEMENT . SOUTH FLORIDA WATER ,MANAGEMEN-r This number must appear on all Invoices and Correspondence .DISTRICT (hereinafter referred to as DISTRICT) I:LEREBY .~ ENTERS INTO THIS AGREEMENT WITH: Name:COLLIER CO[, 'rV BOA COt,Wry C-9704 COMMISSIONERS POLLUTION CONTROL ANT) PREVENTION M/W'BE Goal: 0% DEPARTMENW Address: 3301 E. Tarmami Trail COST SHARING Ih'FORMATION Total Project Cost: $100,000.00 Naples, FL 34112 Project Manager: George Yilma::, Ph.D., P.E. Telephone No: (941) 732-2502 Fax No: ( ) COUNTY Contribution: $ 55,000.00 Hereinafter referred to as: COUNTY PROJECT TITLE: WATER QUALITY MONI'TORI~'G OF DRAINAGE BASINS AND RECEIVING WATERS IN BIG Ch~RESS BASIN The following Exhibits are attached hereto and made a part of this AGREEFCENT: Exhibit "A" - Not Applicable Exhibit "H" - Not Applicable Ex.h/bit "B" - General Te,"ras and Conditions Ex.h/bit "C" - Statement of Work Exhibit "D" - Payment and Dehverable Sched~e Exhibit"E" - Not Apphcable Exhibit "F" - Not Apphcab!e Exhibit "G" - Kev Personnel Exhibit 'T' Not Applicable Exhibit "J" - Not Applicable Exhibit "K" - Not Applicable Exh/bl~ 'T" - Not Applicable Exhibit "M" - Not Applicable TOTAL DISTRICT CONSIDERA'I ION: $-:5.cX',0.00 Iaillllklti-Year Funding Of Applicable) ~111 Year: F'l~c a I Year: Fiscal Year: *Subject to District Go~ernin~ Board t%.rmual Budtet Approxal AGREEMENT TYPE: Fiscal Year: Fiscal Year: Fiscal Year: Not-to-Exceed ,,,AGREEMENT TERM: One Yea: District Project Mana~oer: C~aren,c 'I ears Telephone No: (9411 597.1505 Fax No. (941~ 597-4987 EFFECTIVE DATE: I_astDateofExecunonbvthePax:es District Conlract Administrator: Jim Robinson (561) 682-6373 Fax No.: (561'1 682-6397 o: (5611681-6275 SUBMIT IN'YOICES AND NOTICES 'I() 'FILE DISTRICT AT: South Florida Watcr N!a.-.agemcn: Des:nc: 3301 Gun Club Road West Palm Beach, Florida 35:1t,--:'~5,1 Arden:ion Procuremen:D~;~smn SUBMIT NOTICES TO TIlE COUNTY AT: COLLIER COU.~TY BOARD OF COL.'NTY COMMISSIONERS POLL L'TION CONTROL AND PKEVENTION DEPARTMENT .:.::-~> k T~m~aml ]'rad FL 3.1'112 George Y:lm~. ?h D. P :.! IN' WITNESS WHER.EOF. :ho a.::honzed reprcsen:anx e herek) execu:es th~$ AGREEMENT on this da:,-, and accep:s Conditions under ~.hich u ~s :.~'~e_~' COLLIER CC}UNTY BOARD OF COUNTY COhD~IISSIONERS POLLUTION CONTROI. AND PREVENTION Accepted By' ~:.~n',t'Jre ,;; .-\~::'or .-,:.: ?c:~rcscn:2::'. e IDa:e: Appr?..q~ved ast. htoI Form and County Attorney Sufficiency SOL'Ill FLORIDA WATER 51A.N'AGEMENT DISTRICT Accepte~ Da::' Michael Sin?ton. DepuD Executive Director Date 3 1!98 Pg. ~.~ SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS ARTICLE 1 - STATEMENT OF WORK 1.1 The COUN'TY shall, to the sa~faction of the DISTRICT, fully and freely perform all work items desehl:~d in the "Statement of Work," atmche, d hereto as Exhibit "C" and made a part of this AGREEMENT. 1.2 As part of the serv/ces to be provided by the COUNTY under this AGREEMZNT, the COUNTY shall substantiate, in whatever forum reasonably requested by the DISTRICT, the methodology, lab analytical examinations, scientific theories, data, referenze rn,,:'na!s, and research notes. The COU%'TY shall als, be required to substantiate an.',' and all work completed, including but not limited to. work completed by subcontrac:ors. assistants, mode!s, concepts, ar. alyt/cal theories. computer programs and conciusmns uriitzed as the basis for the fir, a! xtork produzt required bv AGREEMENT. 'IZ:~ paragraph shall sur'.'v.'e rE,: expiration or te.m.,ma::cn of .his AGREE.MTNT. 1.3 The parr:es az:ge ti".a: t;m: s of th: essence m the performance of each a::d every oblig',non under tl-4s A G REE,MENT ARTICLE 2 - COMPENSATION/ CONSIDERATION 2.l The total :oni:~era::on I~ r all v. ork requ:red by the DISTRICT ?urs,:~::: m 'h~s AGREEMENT shall no~ exceed '=- -~o .... as md:za::~ cz P,~e I of ~his AG~ES~NT Suzh amount includes all expenses ~'L~eh tLe COt'N]Y may incur and therefore no adZ:ca-.ha! c~>n,:dcrar:oa ska'.l be au:Lot:zed. 2.2 No:'a':'&,s',and:::_- '2:: fore?mT. '.5~.e amount expended under '3",:s AGREE.ME.','T shat! be pard :.': accor~nce w::Z. an~ s'zk,e:: :o :,he mu',n-vear fund:z:'_' allocanons for ea:~ DISTRICT rise. al ye2r md:cared on Page. I of thcs AGt~:I-..,IE.'" N'r' Fur, dm~- for apFi~cable fiscal ye!.' c.:' '2'.:: .AGREE?lENT rs subjec: to DISTRICT G,5', c~ :.ng Board appropNanoa. Ir. ~",e e'.e.n: Cq.: DISTRICT does appro'.e fun~m; fo: a.'-., s.:Ss:quer.: fiscal yea:. thcs AGREE.MENT ,h.".: ::::u::a'e upon expend:cure o1' the current funding, notwiti~tanding other provisions in this AGREEMENT to the contrary. The DISTRICT will notify the COUNTY in writing after the adopt/on of the final DISTRICT budget for each subsequent fiscal year if funding is not approved for this AGREEMENT. 2.3 The COUNTY assumes sole responsibility for all work which is ix:rformed pursuant to the Statement of Work, Extffbit "C". By providing funding hereunder, the DISTRICT does not make any warranty, guaranty, or any representation whatsoever regarding the correctness, accuracy, or reliability, of any of the work performed hereunder. 2.4 The COU?;TY by executing th:s AGREEMENT, certifies to truth-m-negoua::on. specifically, that ,,,,'age rates and other factual mm: costs suppomng the consideration are accu.r-ate, complete. and current at the time of con,~-acting. The COt.'N'IW agrees that the DISTRICT ma'..' adiust the cons~dera~on for this AGREEMENT to exclud~ an'.' scma~fican, t sums by ~.hich uhe cor..side:-anon ~.2s incre~cd due to inaccurate. ,--om:],"- or nor,-cun'en: wage fa:es and other factLai un:: c:,s'_s The DISTRICT shall make any one (I) ,..'ear foflowmg ',,he exp;ra::on er fi:ns AGREEMENT. ARTICLE 3 - Ex'VOICING AND PAY.XlENI' 3,! The COL.'NTY's m'.'olce.~ DISTRICT's Conu'act Nurr.~'er an~ snail De sen: DISTRICT's address ~ec:,qed on Pac.: AGREEMENT. The COC'YTY invoices to any other address at ?.e DISTRICI' 3 2 The COI;N'rY shall sub,-r'.,it tee l.".~ completion of dehverable bas:s. Vx:s'.:2.'-.: :,7 :~'z.: s,.n.,.,u~, outhned m fine Pap're, eh: and Schedule. anached hereto as Exhi;3';~ "D" 2.-.2 pan of th~s AGREE.~[F_.NT. In tine srhedule does not sper:fy pa),-;'n, enl on ,.2 c. of deh~erable bas~s, all mvo:ces substantiated by adeqaate suppo,'-tmg :o jus'nfy hours expended and ex?easts ea.:ur'red '~'~qm the not-to-exceed k'udge:, mc!ual:n: bur !amrted to. cop~es of approved ::meshe::,. ;'ouchers. expense repo:-:s, recelgts and SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS invoices. 3.3 The DISTRICT shall pa.,,' the full amount of the invoice within thirty. (30) days following DISTRICT acceptance of see'ices and/or deliverable(s) required by this AGREEMENT. However, faikee by the COUNTY to follow the foregoing instructions and submit acceptable services and or deliverables(s) may result in an unavoidable delay of paymem by the DISTRICT. 3.4 Unless otherwise stated herein, the DISTRICT shall not pay far any obligation or expenditure made by the COUNTY prior to the commencement date of ti,as A(;REE.',IENT. ARTICLE 4 - PROJT. CT MA.%;AGE.MENT/ I'~'OTI CE 4.1 The pa.mes shaE d:rec: all tec~._.~.i~l rnn~ers ansL'~g m co.eot;eh w;~ C~.: peffo~ce of AG~ES~NT, octet ~n m'.';~;zes ~nd ~o~ce5. ~o the a~en~on of ~e re~ez~;~e Pro~ct Ma~2~e~ ~ec~fied on P~e 1 of :)re AGREEMENT for resohmon er acnon 'Fne Pro,eot Mana~e~ shall be re~oe~f~le for o'.erall coord:nat;on ~d oversight rela~g to ~e pein'om'ante of ~is AGREEMENT. ~clu~ng mvo:zes ar.d no~;ze5, xo Lhe a~en~cr, o5 DIS~CT's Co~2:: A&m~ms~::or ~zlfied on Page 1 of~e AGREEMENT deemed received ~:' ~z~: bv cem']e~t ~2~]. re~ rece;Ft reques:e& Io :he respec::,.'e addresses ~:;5ed on Page I of~e AG~EMENT. ~e COC%TY shall aBo provide a copy of ail nonzes to khe DIST~CT's ~OJect Manager At! nonces reqzged AG~E3~NT shail be co~dered ddwer~d upon recet~t. Should e;O~e: pa~].' change ~u notice of su:~ ne'.t address shall promp:ly · e o~er pa~:'. All corresponden,:e :o thc DISTRICT uzder t,k;s AGREE3IENT s?:Z: rc:'ererzce C'~e DISTRICT's Contract Number spec:fled ca Page 1 cf the AGRE E.ME N'I' ARTICLE 5 - INSURANCE 5.1 The COUNTY assumes any and all risks of personal injury, bodily injury and property damage attributable to the negligent acts or omissions of the COU'NTY and the officers, employees, servants, and agents thereof. The COUNTY warrants and represents that it is sekf-funded for Worker's compensation and liability insurance, covering at a minimum bodily injury, personal injury and property damage with protection being applicable to the COUNTY's officers, employees, servants and agents while acting within the scope of their employment during performance under this AGREEM]~NT. The COU~'TY and the DISTRICT further a~ee that nothing contained herem shall be construed or interpreted as (I) denying to either part).' any remedy or defense available to such pan5', under the laws of the State of Florida; (2) ',..he consent of the State of Florida or its agents and agencies to be sued: or (3! a waiver of sovereign im. mur.:v.' of the State of Flcmda beyond the ~'aiver provided tn Sec,non 765.25. Florida Statutes. 5 2 In the er'eat ti'-.e COUNTY subcenza::_~ any pan or all of the v. ork hereunder :o an',' part]..', the COL'.'NTY shall require each azd ever. subconta'actor to identify the DISTRICT as an addmonal insured on al'. insurance policies as required by the COL,'T,'TY Ar,,.' contract awarded '2';e COt~TY for work '~r. der Lhis A(;REE.MENT shall include a provision v.i:erebv the COt:,','TY's subcon:a'ac:or agrees to de;'er, d. mdemm~,., and on behal£, save and hold ti-e DISTRICT from all damages arista7 :r'. connecnon w~C~, tee COUNTY's subcontrac: ARTICLE 6 - TER,MI.','ATION/tLE.XLEDi'ES 6 1 If either part3.,' fails to fulfill its obhganor..s under th~s AGREEMENT in a t:melv and proper manner. the other pare:' shall have ,2;e right AGREEMENT by givtng wnnen nonce of an'.' deficiency. The parD,' in dc:huh shall thea have ten (lOI calendar days flora rece::',t of nonce to cor'rec: deficiency If the defaul:m: par'q:' fails to corr. e:: tee deficiency x,,'~thm th~s nrr.:e, the non-defaulting pa:-::. shall have the option to ;e.~..;:::ate this AGREEME.x'T ?a.__'e "of 9. Exh~b:: "B" Contrac: } :i:' Counp:'.dot AGE' A "~ SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITION'S at the cxpL'2fion of the ten (I0) day time period. Should the DISTRICT elect to termi~l~ for default in accordance with ~his provision, the DISTRICT shall be entitled to recover reprocurcment cos-m, in addition to all other remcWes under law and/or equity. 6.2 The DISTRICT may terminate this AGREEM~ENT vdth or without ca~e at any time for convenience upon thirty (30) calendar days prior wrinen notice to the COUNTY. The performance of work under this AGREEblEYF may be terminated by the DISTRICT in accordance with ~ chause in whole, or from time to time in part, whenever the DISTRICT shall deterrmne that such termination is in the best interest of the DISTRICT. Any such termination shall be effected by &liveD. to the COU~"IW of a Notice of Termination specifyin. ' g the extent to which peffo,,"m2~qcc of work under the AGREEMENT ~s eec-inmate& and the date upon which suck term,ma:mn becomes effective. Ltl LEe eve~[ of icr-lT,:.~al:o,~ for collve2lence, the DISTRICT shy'.[ com?~a:e ~e CO~' for all authored and acceF:cd d~hvemb]es ~omp;eted · aough LEe ~::' of ~e~nma::,m m accor~nce =qth E~lbi: 'C". Satemem of Work. ~e DIS~ICT shall be rehevz4 of aa?' a~! all ~e obllgauova hereunder, including bu: no: bruited to los: profi~ and co~equent~al damages, under &is AG~EMENT. ~e DISTRICT may w;Cqk,,ifl all pa>men~ to ~e COUNTY for s<:h ;,ork '.:::hi such mine ~ LEe DISTRICT de:zm~:ncs the :~,2ct amount due ~o khe CO UNTY. 6.3 If eider pa:':y :nc:cares legal acnor', mctudmg appeals, to enforce ',.h;s .-xGREi'LMENT. the prevailing part).' shall be earn'led to rezo'.'e: a reasonable at:ome'.'s fee. based upon the fa:: rz'.~:;:e: value of tee ser-.';ces provided. 6.5 The DISTRICT may order that all or part of the work stop if circumstances dictate that ~ action is m the DISTRICT's best interest. Such cirmam~tances may include, but are not limited to, unexpected technical developments, direction given by the DISTRICT's Governing Boar& a condition of immediate danger to DISTRICT ~,ut.,loyees, or the poss~ility of damage lo equipment or pro~.. This provision shall not shift respons~ility for loss or damage, including but not Limited to, lost profits or consequential damages sustained as a result of such delay, from the COLrN~ to the DIST'RICT. If this pro,dsion is invoke& the DISTRICT shall notifv the COUNTY in v, vitmg to stop work as of a certain da~e and specie' the reasons for the action, which shall not be arbitrao' or capricious. The COUNTY shall then be obligated to suspend all work efforts as of the effective date of the notice and until further warren direction from the DISTRICT is received. Upon resumption of v,'ork, if deemed appropriate by the DISTRICT. the DIS'I-RICT shall iniaa;e an amend.men: to th~s AGREEMENT to refiec: ~'.' changes to Exkiblt "C". S~tement of Work a..':d or the p:ojec: schedule. 6 6 The DISTRICT anncipa:es a total pro:cz: :os: a3 m~:,at.,, on Page 1. with the balance of Fm'~d~ and or m-kind sen'ices to be obtained 5om :/ge COL.'N'I%' m the amount as specified on ?age i of :.".cs AGREEMENT In the event such COt.'N'I%' matching funding and'or ,n-kind services tmava,lable, ti,at shall be good and sufficlznt caul.- :;;.- the DISTR.ICT to terminate the AGI:~EE.XIE.','I p~suam to Paragraph 6.2 aboxe ARTICLE 7 - RECORDS RETENTION' OXt ,'NERSHIP 6.4 In the e',enr a d:.;-u:e aqscs which Eqe projec: managers care. o: rzsoi;e be:.veen them_selves, the pames shall have the c~?::on '.,5 submit to non-binding me&anon lqv: mcd:.,:or cr mediators shall be impart:al, shall be se!cc:ed ? .' the parl~ei, and the cost of the med~amm shall be borne equally bv the paints. 'I-ne rncd:a:mn ?:oce,s shall be con.q~er.:~al IO lhe cx:en~ perm;teed ?'. 12'.t - I 'lh.e COI.'NTY shall mamta:n record:. ~n2 ~qc DISTRICT shall have mspecnon and aud~ nz?.7 as follows: A. Maintenance of Records The COUNTY shall mamtmn all f'mancial and non-financ~ai records and repor~ dtrectlv or mdu'ectlv re!a~ed ~o the nev. onanor, or performance of th~s AGREEMENT m:ludm~ s~?portmg documentanon for ~ l~)q'' Page 3 o,"9. Exh~bl: "t3" Co,tract F,le:'.Coun .'.do. 09[Klq sl 3 1998 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TE MS AND CONDITIONS rates, expenses, research or reports. Such records shall be maintained and made avaiiable for inspection for a period of five years from completing performance and receiving final pa)anent under this AGREEMENT. B. Examination of Records: The DISTRICT or its designated agent xhall have the right to examine in accordance with generally accepted governmental auditing standards all records d~ecfly or inchrectly related to this AGREEMENT. Such examination may be made only w:thin five years from the date of final payment under this AGREEAIENT and upon reasonable notice, time and place. C. Extended Availabihr: of Records for Legal ..Disputes: In the event tka: the DISTRICT should become involved in a legal chspute ,.,,'ith a third parr:, arising from performance under ti,is AGREEMENT, the COL.'NTT shat1 exter, d &e period of maintenance for ali records relavm.z to :/ge AGREEMENT umst the final disposition of the legal d;spute, and ~ such records shall be r:.~ae rza~;lv available to the DISTRICT. 7.2 'Vne DISTRICT s?'.a;; ream exclusive cop)'nght and ocher 7:c7.-ie~:-).nghts in aU work items, including buz no: Icrc'grad to. all documenu. technical repom, research notes, scie:~'ic computer prograr?..s, mc!u&:lg the source and object code, which are deveiope~, created or other'w~se originated hereunder bv ~he COL.'NTT. its subcontractor(s), ass:gms~, agent(s) and',-r successor(s) as required br.' the E.'d'~lbi: 'C". Statement of Work (tine "Work"). In consideration for the DISTRICT ente.'q, ng mtn this AGREEMENT. and other good and valuabiz considerat;on the sufSc:enc~, and race:pt m fuli o:' which is hereby ackno,a !edged bv the COL .'%'TY. COUNTY hereby assigns, transfers, sells an,,, othenv/se grants :o the DISTRICT an',' and ail it now has or mav Save :a the Work (the "Grar.~"'l This Grant shall be sei:'.OTerat:ve upon execunor, Sv the parties hereto, ho;',e'.e: the COL'NTT agrees execute and deh',er cc. f-,e DISTRICT an',' far&e: assignments or other :~stn.:n:ents necessa."5 it., evidence the Grant. w;t.hout the pa.vment of aa'. add:::onal consMcr.~;:c.: ~-,. tee DIS'rRICT COl.'NTT ma.v not d::zio>e, u;c. hcense or sci: ar,.. x,.ork de'.eloped, c:ea~ed, or ot~e,'-x~:se omg:nate2 hereunder to any third paryy whauoever. This paragraph shall survive the termination or expiration of this AGREEMENT. 7.3 The COUNTY represents and warrants that proprietary software, if any, to be provided to the DISTRICT by the COUNTY hereunder, as specifically identified in Exl'fibit "C", Statement of Work shall have been developed solely by or for the COUNTY, or lawfully acquired under license fi.om a third pan'y, including the right to sublicease such software. The COLrNTY shall include copyright or proprietary legends in the software and on the label of the medium used to transmit the sofv,vare. The COUNTY shall grant to the DISTRICT a perpetual. non-transferable, non-exclusive right to use the identified software w~thout an addition2! fee. The DISTRICT ack. nowledges that Utle to the soft'are identified in Ex.h/bit 'C" shall reran::: kicensof 7.4 Any eaulp..,'ne:l: , -~..~ · . pur~.s.~ bv the COU.X]'Y v,~t,h DISTRICT f~nd::':.g under t;n~s CONTR.AC'I shall be rem:ned and ntle n'ansfe.-'re2 fro.'.., th.: COUNTY to the DISTRICT ~: .... '.. t:T',. ,~rl ........ u 7 termmanon or exph-anon of ti:is AGREEMENT upon the ~t'r/rten request of the DISTRICT no: less than third' (30) days prior :o AGREEMEWl expiration or termination. Equipment :s defined as an.,,' non-con_su.mable ite.,,rts purchased ~"~ the DISTRICT with a value ezual to or ;:re-.re: 550000 and '.,,':ah a nor'mai expected 1::'~ of >'ear or mort. The COUNTY will maw. nm aaa equipment m good v,'orking condir/on xth:ie :n :rs possess;on a.nd wtl! re:am ~,he equ:;:..-~e.~.: DISTRICT tv. rood can'%on, less . no ......~, ear and tear. The COt.WTy ~,'i!1 use tts best e:';'o.'-'3 to safeguard ~e equ~pme:: th:c~g~o,.:: ti-.e r'e2of 3:' performan,:e of th~s AGREE.'XlENT. .Ho'.te',e: DISTRICT :vfil not hold the COL'NTT hab!e :'o: loss or damage due to causes beyond the COL'.XT't reasonable conxol in the event of loss or da~.a.:'e. the COt.'b'TY shall notify the DISTRICT tn st~::.-:. - w~thm five (5) x,.orkmg days of such occu.wer, ze c,, Exh~blt "B" 7.5 The DISTRICT has acqutred the ngh: :o usc cenamsofn,~areunderhcensefromth:rdFaa:es },,: purposes of thcs AGREEMENT. the DISTRI('I ma,,' permit the COL.~'TY ar:ess to cat-:a::: : .... Con,"ract Fda: Countydoc SOUTtt Fi,ORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS pan3' ovcned software on DISTRICT computer systems. The COUNTY acknowledges the proprietary nature of such software and agrees not to reproduce, distribute or disclose such sofrw~c to any third par'o'. Use of or access to such software shall be restricted to designated DISTRICT owned systems or equipment. Removal of any copy of licensed soft'ware ~s prohibited or lack of compliance with the mandates of Section 287.133, Florida Stat'utes. The DISTRICT, in the event of such termination, shall not incur any tiabili~ to the COLFNTY for any work or materials fizrr~hed. 8.5 The COUNTY shall be responsible and liable for the payment of all of its FICA'Social Sectmty, and other applicable taxes resulting from this AGREESlENT. ARTICLE 8 - STA.N'DARDS OF COM'PLIA~NCE 8.1 The COL,'NTY, its emFioyees, m~ontmctors or assigns, shall comply ',vies ail avpli=ble federal, state, and local lad's ~nd re~'.auons rebrmg to the pedo,"maz~ce ofth:~ AGREE.XLK.~-Y '~ne DISTRICT undertakes no du,",' to ensure suzh co..'~?i:zz:e, but wt]l attempt to adv:se tee COL'NT'F. uFoa requesL as t,~, an)' such la~'s o£ x`, hick it has present ';:r, oxx ledae 8.2 72~e COL'N FY hvreFv a~s:::es Czar no verso:: shal; be d:scnmana::2 ara:ns: o:: C~e zromn,~ of race. color, cr~eZ, aa:road! or:gm, hand,zap, aec. or sex. in any azt:x~' un?: ~k:s AGREEMENT. 'l~e COL~TY shall take al'. mcas;rc~ necessaC.' to $3 7-'ne lax,, s o£ utc Stare o:' ,n ronda shah govern all aspec:a of this AGREEMEN'7 Ir. the even: it necessa:-'.' for ese. her Fart) 'c ::::::a'e le_zal aztio;: regard:ag ti.is AGREE.MENT. .cz :-.' sF.221 be m the Fiheenzh Judicial C~rcm~ for ,. !.'. ~.":'., txnder state law and in tine Southern Dis=c: o:' ?i,,r:,h for ar,'.' clairr',..s wl-,JcS are just:c~able m federal ga ,'IZ'~e COI'NTY. bv ~:s exe:uno.': of '&.is AGREEMENT, acknmt ledge-, azZ attests uhat neither t~. nor any o£ ~:s s'.a'p?l:er,, s'.:?'conr:ac:ors, or con.sul.'.',ats ~ ?:.o shah p.,:::'o..'7.: ',~ ,,:'.: v, Eich ~s re:ended to benefi: the DIS'FRI('T :_~ a cora'.ac:ed ;eado: or. ff the COUNTY or ar,'.' af:Sha'.e o:' :;nc COUNTY has been convicted ora pub::c ur:ar, cr::::c, a period longer than 36 months has 7assed set. c: t?:a: person was placed on the convic:ed vendor hs: 'lZe COL'NTY further understands and accepts that th~s AGREEMENT ska!: bt' c;:zc: ~old b'. the DISTRICT or seance: ::~ t.":'z~:ed:a:e :c..'77,mar:on bv the DISTRICT. m rite e'. er,: there ~, at',', r:'.:sr,:7, resenmt,.an 8.6 The COUNWY warrants that it has not employed or retained any person, other than a bona fide employee v;orking solely for the COL,'N'I%', to sohcit or secure this AGREE.',IENT. Further the COL.'NTY warrants that is has not paid or agreed to pa.',' an.,,' person, other than a bona fide employee working solely for the COt..'N'IW. any fee. corm'toss,om percentage, gift. or other consideranon connngent upon or resulting from the awarding or making of this AGREE.",ITNT. For breacS of ti"us pro:':s~on, the DISTRICT re. ca'. te.nnma:e thcs A(;REE.MENT wmhout I:abd~:', and. a: ::s d:scret:oa. deduct or otherwise reco,.er the full a:.,ount of such fee. cornrmss~on, percentage, g:f:. or cons~dcrauon. S 7 The COUNTY shall alio'.~ pub!:c access to al: project documents and materials un accordant.-' the pro'.'ts:ons of Chapter 119. Florida SSouid the COL.%'TY assert an'.' exem?:;or~ :o r'.'qu:rement~ of Chapter 1 !9 a::2 relate': S:a."z:e.< ?arden of esablishmg such ?.e.mpno::. bv ;ta-. c:- m.'.uncave or other rebel as pro',~ded by la'.'.. !i-.ah upen the COUNTT. $7.1 Pursuant to Secnens Ii0,57~3,,o,. and 2.:'"9241 Florida Sm.'x.:tes. data process:ag ob:a:ned by at: agenc7 undc: a i:cc:~.: AGREEMENT winch proh:'."::s :es al.solos.:.': ',th:ch sofv.~are ~s a uade secret, as detineJ ::: Secnons 812 C,:51(c). Florida Sea:utes is 'axe.mpa fro:: thc disclosure prov=s~ons of the Pub;~c Record, la'a Ho'.tever. the parties hereto acre: that :." a request made of the DISTRICT. pursuant to C'.".aT',er IIc, Florida Statute. for pubhc dtsclosure o:' prope,.'q,.' being licensed to the COUNTY hereunder, thc DISTRICT shall ad'.~sc the COUNTY (Llcensee) of sacs request add. as beraeen the DISTRICT a::d thc COL'.xlY Page 5 ofO. Exh:b:: "B" C'o,=a::,= l:.Counv.do, t 3 1998 SOUTH FI,ORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERA~ TERMS AND CONDITIONS (Licensee), it shall be the COUq~Tk"s (Licensee's) sole burden and responsibility to inmaediately seek ~d obtain such injunctive or other relief from the Cottrts and to immediately se,we notice of the same upon the Licensor to protect the Licensor's claimed exemption under the Statute. 8.8 The COL~'TY shall n*~ake reasonable efforts to obtain any necessary, federal, state, local, and other governmental approvals, as well as ~1 necessary private authorizations and permits, prior to the commencement of performance of this AGREEMENT. A delay in obtaining permits shall not give rise to a claim by the COUNTY for additional compe~ation. If ge COb.'NTY i~ unable to obtain all necessa.D. permits m a timely m:~nner, either pan5· ma.',' elect to terminate this AGREE.MTNT, each ps.hr?, t~ bear its own costs, no~Sthatanding other provisions of th. is AGREESITNT to the contra.:?. 8.9 Pursuant to Section 216.347. F.S.. the COt.5'lY is ?rc,tubited from ~he expenditure of an5' funds under th:s AGREEMENT to lobby the Legis!aeare. tine jud;cial bran. ck. or a.'~other state agency. ARTICLE 9 - RELATIONSHIP BETXXTEN TFiE PARTIES 9.1 The COL.?;TT sha:l be ,;;4, ,,.~ independent co.~."rac:o: and neither parT:' s~II be con. sidereal ~ em?loyee or a~e.':.t of the o:her pan-,'. Nothing in t,h~s AGREEMENT shall be interpreted'to establish an'.' re!anon, ship other than that of independent corA-actor be,w;eer, the pomes agd then' respecnve emplo,:'ees, agenT, subconu'actors, or assi~ dur',ng c.r after the perfo...~'t..t..t..t..tzmce on ttus AGREEMTNT. Bcd'. pomes are free to enter contracts with o:.ker [:an~e~_ for s~mi!ar se~'~ces. 9.2 It is the m'.ent and under:sanding of the pomes gat ti'as AGREEMENT is solely for the benefit of the COL.-NTY and t~.e DISTRICT No person or entiw other than the COt .?,'T'; or the DISTRICT shall haw any rights or pp.'. :;%'es under th,s AGREE.MENT in any capacib .aha:~oe,.er. e:ther as thn'd-parv:' beneficiary or otherwise. 9.3 The COUNTY shall not ~ssign, delegate, or otherwise transfer its rights and obligations as set forth m this AGREElVIENT without the prior ~vitten consent of the DISTRICT. Any anempted a.s. sign.ment in violation of this provision shall be void. 9.4 The COUNTY shall not pledge the DISTRICTs credit or make the DISTRICT a guarantor of payment or surety, for an5' AGREEMENT, debt. obhgation, judgement, hen. or any form of indebtedness. 9.5 The DISTRICT assumes no du~' with regard to the supep,'ision of the COL~'TY and the COL,'N'I%' shall remain solely respons~le for compliance wit,h ali safer,.' requirements and for the safet-,' of all pe:'sons and property at the site of AGREE.XLENT performance. ARTICLE 10- .M/~VBE PARTICIPATION 10.1 The COL~'TY hereby ack;~ov, ied~.-'s no MinonD' and Women Business (M,~k~E) pamc~pation goal has been es~bLishe2 for · ~s AG~EN~NT; however, both pa~es a~ze to provide ~e o~er advance no,ce of cc, m~e:;:we coa:zzts ~at may result from ~is AG~E3~NT along xv~th nmelmes for punic nonce and a',~ar2 such conwa~ts. In ~e event subsequent con,act awards do result m MXVBE such pamcipanon shall be ~eponed to ~e o~: Both the COL~'TY and ~e DISTRICT will ensure compliance wlth ~e provisions of ~ea program, loxes, ordinances and policies and support ~e o~ef$ ~tiatives to ~e extent allowed bv laxv. ARTICLE 11 - 5TAR 2000 COMPLI.-kNCE In the event that the COL~'TY's perfo,'-r..,anze, as required by hh:s AGREE3IENT. involves the use and or dehve:3' of a software, fi,,"mware a.':.~or hardware product of an,,' kind. the foilo~tmg language m th~s Amcle 11 shall apply: Page 6 of 9. Exhibit "B" Contract F,leACounry.do~ 1998 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENEtLatL TERMS AND CONDITIONS l l.l COUNTY represents and warrants that the software, fu'rnware and/or hardware is designed to be used prior to, during, and after the calendar year 2000 A.D., and that the sofm,'are, fu'mware and/or hardware will operate during each such time period without error relating to date data. specifically including any error relating to, or the prochact of. date data which represents o.- references multiple centuries. 11.2 Without limiting the general.iD' of the foregoing, COU.'>,'TY fuaher represents and warrants: I) that the software, fu'mware and'or hardware will not abnormall} end or pro,ride invalid or incorrect results of date data, specifically including date data whick represents or references multiple cenn.u-ies; 2) that tln. e sofr.vare, firm~,'are and/or hardware has been design, ed to ensure Year 2000 Compliance, including, lc:u: not lirmted to. date data centuO' recognition, calculations ',vhich accommodate same cea.up:' and multiple century formulas and date values, and date da:.a rater.raze values that reflect the century: and 3) than the software, firmware and or hardware inz!udes Year 2000 Compliance. Fo.' the purposes of AGREEMENT. Year 2,500 Compliance also r:.:eans that the soft'are, .c::-mv,.are an,i'or hardware (i) manage and man:pulate data involving dates and leap .'.'ear cclculztions, including single cenmrv formulas and muh~-century fo,,--mulas. will not cause an abnormally ending scer. ario within the application or generate ir~correct values or invalid results involving such da:es: arid (ii) provide than ail date-related user interface functionalities and dana fields include the indication of century. either the sofl~vare, fu-mware and'or hardware, (iii) and, ff deemed necessary by the DISTRICT, replacement software, fm'nware and/or hardv,'are which is compliant with th.is Year 2000 Compliance Warranty. 11.4 If this AGREEMENT involves the purchase and/or license and/or receipt of a software, ftrmware and/or hardware product of any kind previously developed by the COUN'IW or other third parry, and in the event fixes, corrections and updates of the software are not technically feasible, the COL%'TY shall accept the return of the soft'nsc, fm'nv.'are and/or hardware if this Year 2000 Compliance Warranty is breached, and terminate an5· and all applicable Schedules and/or License Agreements. Further, the COU:'NTY shall refund to ~e DISTRICT the full amount of the License Fee actually paid to the COL,WTY for the so~,,,'are: and. in the case of hardware return, the COt.'.%'TY shall refund to the DISTRICT the full amoun: of the hardware actually paid to the COI_.~'TY 'e'. the DISTRICT. In addmon to the foregoing. '&e COL."NTY shall refund to the DISTRICT ali maintenance fees paid by the DISTRICT. in' an':', for on-going support, new soft'are releases and product updates. All such refunds shall be made to tine DISTRICT. Notwithstanding an.',' other provis;on m the AGREEbIENT to the contrary, the DISTRICT hereby reserves all nght~ to obtain all remedies to the thllest extent of the law. v.-~thout an2.' lU'nltat~on whatsoever, as ma.',' be determined bv a court o:' competent jUnsdicUon (including damages and equ,table relief/. 11.5 The term Year 2000 Compliance shall mean, collecnvely, the warrant:es set fo,xh hereto This .-M-ticle 11, tn its entice:>', snail the exp~ranon or terrmnanon of this AGREEftT.";T 11.3 Included as pa~ of th,s ','car 2000Comvhance Warrant', COUNTY shall provide to the DISTRICT, at no add:;ionatcharge xt~th.(1) fixes. correcuons and updates to t?,c software, firm'.vare and. or hardware that are neccssaO' to ensure \'ear 2000 Compliance as defined kerem, and I~) advtcc. consultation and ass;slant:' ;c use the sofls~.are. firmware and. or hardy, are and d~agnose and correct Year 2000 Comphance probierns that mas extst v.~th ARTICLE 12 - GENERAL PROVISIONS 12.1 Not'wittutandmg an:,' provisior.5 of Lhis AGREEMENT to thc contraD', the par'acs shall not be held hable for any failure or delay m the performance of this AGREE.MTNT that arises from fi-es, floods. strikes, embargoes, acts of the public ene"n'>'~P~ Page 7 of 9, Exh:Nt "B" Contract File:\County.doc 1998 SOUTH FI ORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS severe weather, outbreak of war, r~straint of Government, riots, civil commotion, force majeure, act of God, or for any other cause of the .tame character '`,.'kich ia unavoidable through ~e exercme of due care and b~yond the control of the pames. Failure to perform shall be excused during the continuance of such circumstances, but this AGREE.~'~[ENT shall otherv,4se remain in effect. This provL~ion shah not apply if the "Statement of Work' of this AGREEM~EN-r specifies that performance by COUNTY ia specifically required dm'inS the occurrence of any of the events hereto mentioned. 12.2 In the event any provisions of this AGREEMEN'T shall conflict, or appe~ m conflict, the AGREEMENT. including all exhfbits, attachments ant a!l do:uments specifically incorporated by reference, shall be interpreted a.s a whole to resolve any 12.3 Failures or wa;vet, to ms:s: on smct performance of an'.' co'.ena.nt. :ond:l;OV.. or prov:sion of this AGREEMENT by the parnes, then successors and assi_was shall no; be dcen;e,i a wa,;'er of an',' of irs rights or reined;es, nor shall i: re!Icrc the other pa.,~:, from perforrmng an.'.' sabsequ.:'r.; obhgat;or.s smctl;' in accordance witch the te,."m.s of t?,:s AGREEM'ENT. No v,'aiver shall be e.'Te::;~e unk's.', m wnm-:g and signed by the part':' aga,.v~t v. hom e.'z. forcement ts sough:. Such waiver shall be Immed to provisio:~ of AGREEMENT spec:fica!l'.,' r~fen:ed to t,herem and shall not be deemed a ',vav,'er {of an,,' orJner provision No u.'aiver shah consmute a CO:ltlllUU"l£ waiver uaIess the v, riring states othem'ise. 12.4 Should a:;v tem~ or proves;on of this AGREEMENT be held. to an',' extent, mvahd or unenforceable, as against an,.' person, entiD' or c~rcumstance during the tern; hereof, bv force of an:' statute, law. or rui:n~: of an',' forum of competent jurisdiction, such m;ai:d:v.' shall not a~ez; an',' o',..her term or provision of th:s AGREE),[EN'I'. to the ex:eat that the AGREEhlENT sh,:il remain operable. enforceable and in full fo:ce ar.d effect to :.,he extem permlaed by lax~. I2.5 TNs AGREEMENT my.' be amended only '.vit.,h the w'nnen a;"proval of'he [ames hereto 12.6 This AGREEMENT states the entire under- standing and AGREEMENT between the parties and supersedes any and all wrinen or oral representations, stalements, negotiations, or contracts previously existing between the partie~ with respect to the subject matter of this AGREEMENT. The COUNTY recognizes that any representations, statements or negotiations made by DISTRICT staff do not suff~ce to legally brad the DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMZNT shall mute to the benefit of and shaLl be binding upon the pames, their respective assigns, and successors in interest. ARTICLE 13 - SAVE'P/' REQU'IREMENTS 13.1 The COU.'NTY shall require appropriate personal protecnve equipment in all operat/ons where there is exposure to hazardous conditions. 1.;.2 The COUNTY shall mst:'uzt empioa, ees required to handle or use tcmc materials or other harmful s',bstances regarding their safe handi:zz and usc. m,:ludmg instruction on the potennal hazards. personal hygiene and required personal measures. A Material Safer,,' Data Sheer I'.MSDS~ shall be provided by the COL,,"NTY to th:' DISTRICT on each chemical product used 1~.3 Th,..' COUNTY s~all comply v.'::2~ IL-: standards and regulations set fordn by ,.he Occupational SafeD, and Health Adr:::r,:sranon (OSHA), the Florida Department of Labor and Employment Secunr), and all other approTnate federal, state, local or DISTRICT safe~' and health standards Page $ of 9. Ex~hibit "B" 13.1 tt Is the COUNTY's sole dun' to provide safe and healthful working condmons to its empioyees and those of the DISTRICT on and about gqe s::e o:' AGREEMENT performance. 1'~ ~ The COUNTY shall mma~e and main:z:.", an accident prevention program which shall include, bt:: shall not be limited to. establishing and supe.'",'~s',-.g programs for the educanon and training of employees m the recognmon, avoidance, and prexen:;oa of Contrac; Price'.County doc SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERaMS AND CONDITIONS unsafe condifiom and acts. 13.6 The COUN'I'~' shall erect and maintain, as requited by existing conditions and performance of the AGREEMTNT, reasonable safeguard~ for safety and protection, including posting of danger signs and other warnings, agaLrmt hazarcL~. AGREElV[ENT. For accidental discharges or releases onto the floor, air, ground, surface waters, ground waters, it shall be the COUNTY's sole respomibility to respond immediately to clean the site, at his expense, to the complete satisfaction of federal, state, local regulatory agencies and to the DISTRICT requirements. 13.7 The COD%'TY shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: 13.7.1 employees on the work and other person~ ~'ho rn~y be affected thereby; including pedestrians, vis,tots, or traveling public; 13.7.2 re work. materials, and equipment to be incorporated there,n: wheth,:r in storage on or off the sIte. under care. custodv or control of the COL.~TY, or t,he COUNTY's mbcontracmrs: and 13.12 The DISTRICT may order the COU,'N'I%' to halt operations under the AGREEM2ENT, at the COUNTY's expense, if a condition of immediate danger to the public and/or DISTRICT employees. equipment, or property exist. Tiffs provision shall no_~t shift the responsibihty or risk of loss for injuries or damage sustained fi.om the COU%'TY to DISTRICT; and the COU%'TY shall remain solely respo~ible for compliance with all federal, state and local safer>,' requirements, provisions of this section. and safety of all persons and propert5' on or about '..,he Slte 13.7.3 other propemcs at the site or adjacent thereto; such as L-ecs. shrubs, la~'ns, xtalJ~, unlmes. pavement, roadways, structures, building, vehicles. and equipment not designated for removal, relocation or replacement in the course of work. 13.8 The COUNTY shall provide first aid sen'ices and medical care to its employezs. 13.9 The COI_.'>;TY shall dev.:lop and maintain an effecw,'e fire protection and l:revennon procedures and good housekeeping practices on the work site throughout the AGREEMENT 13.10 Emergenctcs: In e.mergmcy affecm'~g safety of persons or prop='rLv on or about the site or as a result of the work: the COUNTY shall act. tu'nely and with due diligence, to prevent threatened damage. £njuo'. or loss. 13.1 I Environme,:tal: When the COI..'NTY. COUNTY's subcontractors, or subcontractors, use petroleum products, hazardous chemicals, or any other chemicals used on or about the site. the COUNTY shall be responslbl.: for handling these chemical consnruents m accordance with federal. state and local reguia:~or.s during the ten'ns of the Page 9 of 9. Exh:ba "B" Contract File:' County.da 1998 C-9704 EXHIBIT "C" STATEMENT OF WORK Water Quality Monitoring of Drainage Basins and Receiving Waters in the Big Cypress Basin bv Collier Count-,' Pollution Control and Prevention Department (Count}.') 1.0 INTRODUCTION The coastal waters of Southwcst Florida play an important role in thc social and economical wellbeing of a region with rapid population growth. These sensitive coastal waters are home to numerous species of marine food web and fisheries that provide year long recreational and commercial boating and fishing opportunities. In Collier County, however, there is ','eD' little known about the relationship of the water quality of catchment areas and their receiving waters, in terms of pollutant concentrations, trends and loading rates. Thc Collier County Pollution Control and Prevention Department (Count3') proposes to implement a long-range (5 years) estuarine water qualit?' monitoring pro.am supplemented by the Count3"~. on-going water quality monitoring in the inner catchment areas of those receiving xvaters (Figure 1). The pro.re'am is being funded under the Big Cypress Basin's FY 1998 Water Resource Projects Cooperative funding initiative and was approved by the Big Cypress Basin Board at its meeting on June 26, 1995. The pro.am is also being supplemented by the extension of the South Florida Estuarine Water Quality Monitoring Netv,'ork f-om Cape Romano to Estero Bay proposed bv the Florida International U::iversi:v under the South Florida Water Management District's (District) Cooperative \Va:er Qu-~w,'., . Monitonno__ Prom'am. in FY 1999. The program is thus an integrated_ watershed aparoach to study ,,va:er aualitv and environmental impacts of sro,,--rowe:er along the Sou:k'.,.es: FionJa coast. 2.0 SCOPE OF WORK The project shall involve collecting and analyzing water quality samples at least at six cstua:-ine sites in the Big Cypres.~ Basin and at le~t 12 complementary inland locations on a monthly basis. In addition to the ~2 cornplementarF.' locations, at least 18 inland sites shall be monitored on a monthly b~is, and 20 sites shall be monitored on a seasonal basis (December..April. June, and August) o,.'cr the period ofthe contract. Count.',,' field staffshall operate under a Comp QAP approved by the Florida Depa:ment of Environmental Protection (FDEP) to collect and ana!vzc water quality samples TLc County's analytical laboratory is certified through HRS and FDEP. The scope of in-kind work for Collier County's share of the cooperative fundin~ t~r t!:e pro)cci shall involve collecting and analyzing water quality samples on a monthly basis at iS lc, cations. and on a quarterly basis at 2,3 locations spatially distributed throughout the ,'-;* .... < discussed above The spezific locations of the monitoring stations shall be jointly dete.'-:nined by the Big Cypress B:tsin ::nc Coumy projec: managers. Pa~:e I or' 3. ExhL"it "C". Agreement C.970.1 OCT 1 3 1998 3.0 Area 1. WORK BREAKDOWN STRUCTURE Collect and analyze surface water quality samples, on a monthly basis for 12 months at the areas and locations specified below. These areas and/or locations may be modified by the project managers with mutual agreement * Six estum'-ine locations proximal to salt water barriers at: Cocohatchee River Naples Bay Haldeman Creek Henderson Creek Faka Union Canal Barton River Canal Area 2. Twelve complementary inland locations in the contributing drainage basins of the water bodies mentioned under Area 1. Area 3. Monthly sampling and analysis at 18 locations and quarterly sampling at 20 locanons in the upstream catchment areas of the Big Cypress Basin as the County's si,are of cooperative funding for the project. Samples collected at estuar/ne and near estuarine sites shall be analyz2d for the follo'~ving analytes, which com?lement those being collected in the near offshore: Parameters for estuanne and near estuar/ne inland water quality samples shall be: Dissolved Oxygen Temperature ,~,,monium Total Phosphorus Turbid/tv SaliniD' Secchi Depth NOx Ortho-Phosphate Total Nitrogen pH Chloropi:yll-a Nitrite Total Suspended Solids Total Organic Caibon Parameters for inland locations shall be: Arsenic Fecal Coliform Total Coliform BOD Calcium Cadmium Chloride Chromium DO Fluoride Iron Lead Magnesium Chlorophyll-a Phaeoph.v~in Ammonia Nitrate Nitrite Total Phosphorus Zinc TSS Turbidity Sulfate Color Othro-Phospha:c Total Nitrogen Total Organic Carbon The above parameters :nav be modified by the project managers v,'ith mutual agreement'. Page 2 of 3. Exhibit "C". Agreement C-970..: OCT 1 3 1998 i Water samples for chemical analyses and field parameters shall be collected at each site under a FDEP approved CompQA Plan, and all chemical analyses shall be performed by a certified laboratory. Three quarterly reports and a final comprehensive sttmmary report describing the findings and recommendations shall be submitted to the Big Cypress Basin Board. The County's Project Manager shall be Dr. G. George Yilmaz, Ph.D., P.E., P.H., R.E.P., who shall oversee scheduling, personnel, and QA/QC, as well as generate all reports and communicate with the Basin/District. 4.0 DELIVERABLES The County shall provide quarterly data reports for four quarters. At the end of the fourth quarter the County shall also provide a comprehensive data summary and an assessment of the project. Note * All changes to this Statement of Work shall be mutually agreed to in writing through execution o fan amendment to this Ag-reement. Page 3 of 3. E.~:b:t "C", Agreement C-9704 OCT 1 3 1998 ,. /,.9'"' EXItIBIT "D' SCHEDULE OF DELIVERABLES AND PAYMENT Water Quality Monitoring of Drainage Basins and Receiving Waters in the Big Cypress Basin by Collier Count).' Pollution Control and Prevention Department 1.0 DELIVERABLES The County shall provide quarterly data reports for four quarters. At the end of the fourth quarter the County shall also provide a comprehensive data summary and an assessment of the project. 2.0 PAYMENT SCHEDULE The County project manager shall verify in writing that the work has been completed. The Coun .ty shall submit a single invoice for an amount not-to-exceed For'tv Five Thousand Dollars and No Cents (5;45,000.00) upon the submission of the comprehensive data summary and assessment of the project. Such invoice shall be substantiated bv adequate supporting documentation to justify hours expended and expenses incurred within the not-to-exceed budget, including, but not limited to, copies of approved timesheets, payrnent vouchers, expense reports, receipts and any subcontractor invoices. Page I of 1. E,~.~bi: "D". Agreement C-9704 EXHIBIT"'G" KEY PERSdNNEL Water Quality Monitoring of Drainage Basins and Receiving Waters In the Big Cypress Basin by Collier Count).' Pollution Control and Prevention Department 1.0 PERSONNEL IDENTIFIED The County agrees that the following person(s) shall provide services under this Agreement: George Yilmaz, Ph.D., P.E., P.H., R.E.P. The sen'ices of the person(s) listed above are a substantial inducement and material consideration for this Agreement. In the event such person(s) can no longer provide the services required by this Agreement, the County shall immediately noti .fy the District in writing and the District may elect to terminate this A~eement without any liability to the County for unfinished work product. The County may propose a replacement for the person(s), subject to the optional approval of the Distr/ct. The District, in its jud~m'nent, ma)' elect to compensate thc Count`,, for an,,, unfinished work product, provided it is in a form that is su£ficient!`,, documented and orgmfized to provide for subsequent utilization in completion of the work product. Pace I of i. Exhibit "G". Agreement C-9704 OCT 1 3 1998 P.i /7 EXECUTIVE SUMMARY APPROVE FUNDING TO CONNECT EAGLE CREEK PUD TO THE COLLIER COUNTY SEWER SYSTEM AND WORK ORDER WMBP FT-98-15 FOR RELATED ENGINEERING SERVICES, PROJECT NO. 73057. OBJECTIVE: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District fund a new project and initiate a design to connect Eagle Creek PUD to the Collier County Sewer SystemI by approving a work order for professional engineering services to Wilson, Miller, Barton and Peek, Inc.(Wilson Miller). ,i~ONSIDERATIONS; The Eagle Creek PUD was originally constructed with an on-site sewage treatment plant. As part of the construction permits, a settlement agreement between Collier County and Eagle Creek was approved for the transfer of the operation of the sewer system to the Collier County Water and Wastewater Authority by October 1't,2000. The Wastewater Department hired Wilson, Miller, to prepare a preliminary study for the Eagle Creek PUD connection to Collier County's Sewer System. The preliminary study looked into three alternatives for the connection and recommended the construction of a master pump station and force main, as the best alternative. Wilson, Miller will provide engineering and surveying services for the pump station and forcemain design to connect Eagle Creek PUD to the Collier County Sewer System. The cost of doing this proposed work order is $36,000.00. This work will ~be authorized as Work Order #WMBP-FT-98-15 with Wilson, Miller. The office of the County Attorney has approved subject work order as to form and legal sufficiency. Staff has reviewed the scope and fee proposals submitted by the firm and finds then to be commensurate with the expected level of effort. %~ISCAL IMPACT: No funds are currently budgeted for this project. A budget .'l'amendment is needed to transfer funds from Fund 414 Reserves for Wastewater Capital Outlay as follows: OCT 1 3 1998 ~. ! Executive Summary Work Order WMBP-FT-98-15 Page Two Amount: From' $197,241.00 Fund: 414 Cost Center: 919010 Object Code: 993010 Wastewater Capital Reserves Reserves for Sewer Capital outlay Fund: 414 Cost Center: 263611 To: Wastewater Capital Combined Wastewater Capital Projects Project No.: 73057 (Eagle Creek Master Pump Station and Force Main) (Eng. Fees $36,000, OCPM Fees $9,395, Improvements $151,846) GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: Staff recommends that the Board of County Commissioners, as the Ex-Officio governing board of the Collier County Water- Sewer District, approve Work Order #WMBP-FT-98-15 for $36,000, authorize the PWED Director to execute Work Order ~WMBP-FT-98-15 and approve the necessary budget amendment. PREPARED BY: -.,./.~-..,~..&>' "~-L // · "'' DATE: ~'/~ ~,/'~ '~ Ju~ C.' Adar~es Minor, P.E., Senior Project Manager REVIEWED BY: Public Works Engineering Department Rich Hellriegel, P.E., lnterin~ Director Public Works Engineering Department DATE: Tim Clemo~, Director Wastewater Department APPROVED BY: ~__ Ed Ilschner, Administrator Public Works Division Attachment' Wilson, Miller Professional Services Proposal. Copy of Work Order #WMBP-FT-98-15 ExecSum.005 0 C PC,. PROFESSIONAL SERVICES PROPOSAL TO: FROM: Timothy Clemons, Wastewater Director Collier County Public Works Principal-in-Charge Adolfo A. G6nzalez, P/:'E. Project Manager David Chronister, Supervisor Wastewater Collections, Collier County Public Works DMsion DATE: SUBJ'ECT: August 17, 1998 Professional Services Proposal for CMl Engineering and Surveying Services fo~' Master Pump Station and Forcemain Design for Eagle Creek 1. OVERVIEW I.l. Wilson, Miller, Barton & Peek, Inc. (Wilson Miller), the engineer, has been requested to submit a proposal to provide engineering and surveying services for the pump station and forcemain design to connect the Eagle Creek PUD sewer system to the Collier County sewer system. 1.2. If hired by the Collier County Wastewater Department, the Client, to provide such services, Wilson Miller will coordinate with representatives of the Client. Other subconsultants for legal or technical support as may be needed ,.,,'ill contract directly with the Client. 1.3. Project shall be in accordance with the Collier County "Fixed Term Professional Engineering" Contract//95-2422, amended June 26, 1997. ASSUMPTIONS 2,1. For the purposes of this proposal Wilson Miller is assuming that the Project is consistent with zoning and Growth Management Plan classifications. 1___.5. \ L$ON .c-;:. X 1 i L L E R Mr. Timothy Clemons Page 2 2.2. All utilities related to this project will be turned over to Collier County. 2.3. Project will require a Florida Department of Environmental Protection wastewater connection perrrfit as well as a Florida Department of Transportation Utility Accommodation permit. 2.4. Design of the new master pump station and forcemain will be based on the Eagle Creek Wastewater Collection System Design Report, dated August 1998, submitted to Collier County (New master pump station to be located at the Eagle Creek maintenance facility site and the new forcemain will be located along the north side of Tower Road). 2.5. The new master pump station and forcemain will be designed to accommodate: offsite sewage flows provided by Collier County. 2.6. Eagle Creek will abandon the existing on-site sewage treatment plant per Florida Department of Environmental Protection standards. 2.7. Project will tie-in to the Collier County forcemain located along Isle of Capri Roadi at the intersection with Tower Road. 2.8. Design will be performed in two steps for the entire project. A preliminary set of plans will be prepared and three copies will be submitted for review. Based on the: review comments the plans will be finalized for bidding. Three sets of final plans will be submitted, along with a mylar. 2.9. Utility dedication through Collier County Development Services will not be. required INFORMATION TO BE PROVIDED BY CLIENT 3.1. Other information, plans, calculations and data as identified in Section 4.0, SCOPE OF SERVICES, or as may be requested by Wilson Miller during the course of the Project. , It17,~576~ V~ OI ~.Bl~eenl~ PC,. 4 Mr. Timothy Clemons Page 3 3.2. Other Necessary. Special or Extraordinary_ Information Client is expected to furnish Wilson Miller with full information, including any special or extraordinary considerations for the Project or special services needed. Client is also expected to make available any pertinent documentation regarding deeds, easements, fight-of-way, etc. SCOPE OF SERVICES The professional services to be provided by Wilson Miller include, and are limited to,' those described in Exhibit A, SCOPE OF SERVICES. FEES The fees for SCOPE OF SERVICES are defined in Exhibit B, FEES. Itl ?,'~-4~6a V~ OI ~.BRmenbl · iLqO']x; -'?:'. XlI ? L i-"', EXHIBIT A - SCOPE OF SERVICES PROJECT: Eagle Creek Master Pump Station and Forcemain Design DATE: August 17, 1998 4.1. Surveying Servicel;: 4.1.1. Research and prepare legal descriptions for existing pump stations and forcemains, within Eagle Creek which have not been dedicated to the County. This will include the new master pump station and forcemain. 4.1.2. 4.1.3. Prepare topographic survey of the proposed new master pump station site. Prepare topographic survey along 1500-~ feet of Tower Road and the intersection of Tower Road and Isle of Capri Road. 4.1.4. Horizontally locate the utilities along the north side of Tower Road based on information provided by Sunshine State One Call. 4.1.5. Horizontally locate the utilities at the intersection of Tower Road and Isle of Capri Road based on information provided by Sunshine State One Call which may be in conflict with the proposed location of the new forcemain. 4.2. preliminary_ Design: 4.2.1. 4.2.2. Finalize master pump station model to accommodate future offsite development and to bypass County Pump Station 3.18 and pump directly to Pump Station 3.01. Prepare engineering construction drawings. 4.2.3. 4.2.4. Prepare Technical Specifications for improvements designed by Wilson Miller. Prepare a Preliminary Opinion of Probable Cost. 4.3. Permitting: 4.3.1. Prepare and submit Florida Department of Transportation utility accommodation permit. 4.3.2. Prepare and submit Florida Department of Environmental Protection wastewater connection permit. (g I 7,,9l. 0 c I 13 Exhibit A, Scope of Services Eagle Creek Master Pump Station and Forcemain Design 4.4. Final Design: 4.4.1. 4.4.2. Page 2 Resolve preliminary plan design issues and prepare final construction plans. Prepare Engineer's Opinion of Probable Cost. Wilson Miller will prepare contract documents. Bidding: Wilson ,Miller will assist Client with bidding the site work. This will include, and be limited to, attending one pre-bid conference and one bid opening, reviewing bidsi received and assisting Client in negotiation with Contractors for work designed by Wilson Miller. Client will be responsible for final selection of Contractor. $ervice$ 4.6.1. 4.6. During Construction: blake periodic site visits at intervals appropriate to the various stages of construction to observe the Contractor's progress and general compliance with the approved plans and specifications prepared by Wilson Miller. 4.6.2. Review shop drawings, payment requests, and completed quantities. 4.6,3. Provide final inspection ofwork. 4.6.4. Prepare record drawings for submittal to Collier County as required. 4.7. Reimbursable Expend;es: Expenses for blueprints, reproduction services, overnight express; delivery service and long distance telephone calls shall be reimbursable to the Engineer. ~ 4.8. Excluded Services The professional services that Wilson Miller will provide under this Proposal/Agreement include, and are limited to, those described above in Section 4.0, SCOPE OF SERVICES. Listed below are excluded services which may All other services are specifically excluded. be required or desired for the Project: 4.8.1. Materials testing. 4.8.2. Geotechnical services. 4.8.3. Boundary or plat survey. 4.8.4. Payment otCounty review fees. Hydrogeological se~'ices. Hazardous waste assessments. IL ©N ':'::-XIILLER Exhibit A, Scope of Services Eagle Creek Master Pump Station and Forcemain Design 4.8.5. Specialty structural design services (retaining walls, standard design, i.e. FDOT Indexes). 4.8.6. Condition evaluation of existing Eagle Creek pump stations. 4.8.7. Record survey. if required, Page 3 shall be of 01./17,91 - W.zt~$Ol' PRO,FECT: EXHIBIT B - FEES Eagle Creek Master Pump StafiQn and Forccmain Design DATE: Augu~;t 17, 1998 PARAGRAPH SERVICE FEE FIXED FEE OR TYPE ESTIMATED AMOUNT 4. I Surveyin,~ Services Fixed $ 7,500.00 4.2 Preliminary,' Desi,~n Fixed $ 7,000.00 4.3 Permittine Fixed $ 4,000.00 4.4 Final Desien Fixed $ 8,500.00 4.5 Biddine T/NO'E $ 3,500.00 4.6 Services During Construction T/M/E $ 4.500.00 4.7 t Reimbursable Expenses T/M/E f, $ 1.000.00 OCI 1 3 PG, _ E~X]~[i,i = WORK ORDER # WMBP-FT-9$-]I$ Agreement for Fixed Term Professional Engineering Services Dated September 26, 1995 (Contract #95-2422) This Work Order is for professional engineering services for work known as Eszlc Crock Master Pump Station and ]:orccmatn Will ~rovi~le cotinccrint arid survcvint services for the ~ump station a~d ~orccmain dcsiKn tO connec~ thc Ea~lc Creek PUD ~ewcr Iy~lcm to ~he ~gJljet Co~!y, scwcr Iy~tcm. The work is specified in the proposal dated Autust 17. 1998. which is attached hereto and made a part of this Work Order. In accordance: with the Terms and Conditions of thc Agreement referenced above. Work Order ~,WM'~P-FT-98-1~ is assigned to Wil~on, Miller, Barlg~ and p~k, Scooe of Work: 'Task I Surveying Services Task 2 Preliminary Design 'Iask 3 Permsttint Task 4 Final Design Task 5 Bidding Task 6 Services During Cansl~uc~on Task 7 Re~mbutsabl~ E~penses Tas~ 8 Excluded Services Schedule of Work: Task I Tasks 2 & 4 T,s$ 3 Task 5 Task 6 Complele work within 30 days from receipt oflhc Notice to proceed. Complete work within 3 months after completion of Task I. Complete work wilhm :2 months after completion of Tasks 2 & 4. Complete work within I I/2 months after completion of Task 3. Complete work wHhin 3 months afler completion of Task 5. ~ompensatlgO~ In accordance with Art,cle Five of the Agreement, the County will cumpensale lhe Firm in accordance with the negotiated lump sum amount indicated in the schedule belov,r (if a task is time and malarial, so indicate and usc the established hourly rate(s) as enumerated ,n Schedule "A" of Ih'. Agreement). Task I Surveying Services $ 7,50000 Fixed Task 2 Preliminary Design $ 7.000.00 F~xed '~ask 3 Permitting $ 4,000.00 Fixed Task 4 Final Design $ 8,500.00 Fixed Task 5 Btdding $ 3.50000 T/M/E 'Task 6 Services During Construction $ 4,500.00 3','M/E Task 7 Reimbursable Expenses $ 1,000 O0 TIM/E Task 8 Excluded Services TBD TOTAl. FEE $36,000.00 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. ,-. Ju'~-?Adarmes Minor, P.E., Senior ProJect Manager Date ' Public Works Engineerir~g.~Ocpartment ''~ Tim Clem~r~ctor. Wnstewster Dep~rlment Date APPROVED BY: Richard Hellriegel, P.E., Acting Dit~clo~ Date Pubhc Works Engineering Deparlmenl Approved as to Fo~m a.nd Legal Sufficiency: Asststan~ County Attorney ACCEPTED BY:  ~ Wils~~ Barton~Pe~n~: Gary ~. Danca, SecreLa~y/T~easu~e~ 6CFO ~ [ F.'.~.aglc Creek~,Worl ~det 0CT 1 3 IS58 /0 COLLIER COUNTY CONTRACT NO. 95-2422 FIXED TERM PROFESSIONAL ENGINEERING SERVICES WMB&P PROFESSIONAL RATE CODE SCHEDULE September 1995- September 1997 1052 1053 1055 1006 1007 1054 1019 1020 1021 1022 1121 11.~ 1123 1024 1001 1002 100.3 1004 1005 1125 1126 1037 1131 1011 1012 1013 1132 1133 1130 1051 1074 1075 1140 1141 1143 1144 1153 1154 1155 115'/ 1156 EN%TRONMENTAL Environmentll Consultant I Environmental Consultant II Environmental Consull2nt III Environmental Consultant IV Environmental Consultnnt V Senior Hydrologist LAND P LAN NI'.NG Planner I Planner II Pl:u'mer III Planner IV LkNDSCA. PE ARCEilTECT Lands~pe Arckitect I Land.scape ArcNte~ II Lmndscape AtcNtx: II! Land. s,.~pe P..rc,hJlect IV ENG LNE E R.L~'G Engineer I En~n::r I1 Enginctr III Engineer IV SENIOR ,",,IANAG E.M ENT,TXPE RT WITNESS Principal Ex'pen \Vim:ss - Ge.",eral Ex'pen Wimess - Quasi-Judicial Ex'pea \Vimcss - Judicial SU'PPORT PER. SONNEL Technician CAD D/Tech.nician 1 CADD/Tcckaician II CADD;T'ec~aician Field T~hnician I Field Technician ri Computer GrupNcs Computer SFecialist Word Proces~or/R~ords Technician Admirdsu'adve EXWENSE ITEMS Off-Road Vehicle Boat & Molcr Concrete Monuments Traffic Counter Vekicle Tra~ el Blue Line Prints Copies BondfVellum Copies Mylars $50.00 / HR 65.00 / HR 75.00 / HR 85.00 / HR 100.00 / HR 100.00 / HR 50.00 / ILR 65.00 / HR g0.00 / Hit 95.00 HR 48.00 HR 65.00 HR 80.O0 I-'~ 95.00 I-~ 60.00 HR 65.00 HR 80.00 HR 95.00 I-LR 120.00 150.00 180.00 200.00 I-.LR 35.00 I-LR 45.00 ~-LR 6000 7000 45.00 55.00 70.00 }-~. 80.00 35.00 HP. 40.00 / 105.00 / DAY 30.00 / t-.~, 15.00 / EA 40.00 / DAY ,27 / /,,fiLE .95 / EA .10 / EA .55 / EA 9.00- EXECUTIVE SUMMARY Reject Bids for Site Work Received Under Bid Invitation 98-2868. OBJECTIVE: To reject bids for site work received under Bid Quotation 98-2868 and to seek new bids with the intent of generating greater competition and more affordable pricing. CONSIDERATION: On September I, 1998 the Purchasing Department sent notices to 164 vendors soliciting bids to perform site work adjacent to the Water Department's Maintenance Building. Confusion occurred regarding notification of the bid opening date and, as a result, some prospective bidders were not properly notified. Bids were opened on September 16, 1998, and two proposals were received. After review of the proposals, it was determined that the two proposals came in over the anticipated budgeted amount. Given both of these considerations, staff recommends that the Board reject the bids received and authorize staff to re-solicit proposals. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board reject all bids received in response to Bid Invitation No. 98-2868 and authorize staff to re-solicit bids. SUBMITTED BY:'~~---~, .. Date: Bobb Reeder, Facilities Superintendent Paul l~fit~ausch, Water Director REVIEWED BY: Date: . ~ell, Director General Se~ice~ch~ing APPRO~D BY: ~~ Date: Ed ll~ Pu~e Wor~ A~iniswator EXECUTIVE SUMMARY Approval of Work Order # CDM-FT-98-11 for the Professional Engineering Services Relating to the Upgrade of the Manatee Station High Service Pumps OBJECTIVE: To obtain approval of Work Order # CDM-FT-98-11 for professional engineering services to include hydraulic modeling and design, preparation of plans and specifications, and bidding construction services, for upgrade of the high service pumps at Manatee Station. CONSIDERATION: The funding for this project has been given prior budget approval and the vendor Cape Dresser & Mckee Inc. is an approved vendor on the County's Professional Engineering Services contract (95-2422). Therefore, it will be our recommendation to award CDM this contract per the specifications of the work order, annual contract, and proposal documents. FISCAL IMPACT: The fiscal impact for this work order is in the approval of a Purchase Order in the amount of $43,000.00 for engineering services to be rendered during the design and installation of high service pumps to the Manatee Station. Funds for these services are available in Water Impact Fees - Water Capital Projects - Manatee Station Pump Upgrades Project (411-273511-70052). GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve Work Order # CDM-FT-98-11 to Camp Dresser & McKee Inc. in the amount of $43,000.00. SUBMITTED BY: ]~obb Reeder~- 'Facilities Superintendent/Water Director/Water APPROVED BY:~~~~~~l~ Date: Ed Iischner, Public Public Works Administrator Date: WORK ORI)ER # eDM-F'T-98-~1 Agreement for Fixed Term Professional Engineering Services Dated September 26. 1995 (Contract #95-2422) 'fhis Work Order is for professional engineering services for work known as Manatee Station Pump Upgrades ~ydraulic modeling, design, preparation of plans and specs, and bidding and cotlstfuction services re!atir~g :o thc installation of new high service pumps at thc Manatee Repump S:ation The work i~ ~pccificd in :he proposal dated 15Sept98, w. hich is attached hereto and made a part of this Work Order. In uccordancc with thc Terms and Conditions of the Agreemcr, t referenced above, Work Order ~CDM-FT-98-11 is assigned Camp Dresser & McKcc Scope of \Vork: (List all tasks, Task !. Task 2. etc.) Task 1 - Hydraulic Modeling and Prelirainary Design Task 2 - Preparation of Plans and Speci!';cat',ons Task 3 - Bidding and Construction Serv:ces Sch. edule of Work' Tasks 1 and 2 will be completed within 6 weeks of notice to proceed, with task 3 :o be completed concurrently with the pump installation. Compensation: In accordance with Article Five of the Agreement. the Count.,. will compensate :he Firm in accordance wi:h tee negotiated lump sum or time and material amoun: provided in the schedule below (if a task is time and material, so indicate anti usc thc. established hourly ra~e(s) as enumerated in Schedule "A" of tl'.e Agreement). (Lest all '[asks) 543.000 $ Reimbursables _~ T O T..',. L FEE S43.000 (lump sum) (time & material) 0el 1 3 19 8 P(;.__ o~ .,, final department ag~zre'.al Kill he considered an ,tdditiona~ accerding tc Schedule "A" of the Agrccn~ent. change v.'ithin monetary authurity of t,~J$ Work Order made s,,:bsequcn: :o scr~c'-' and char,, ~ PREPARED BY- ACCEPTED BY' Name and Title F-/~ourt£55xrt~t:~ Date W~at e ;/l~e'p artment Director Date ACCEPTED BY' C0mpan) Name Acthorized Company Officer ,., , // t Ty?e or P,'in,: Name. and Title D at'e oc I 1 3 1998 ~.., ..~ _ CDM Camp Dresser & McKee Inc. 2503 Del Prado Boulevard. So,lc 200 Cal:e Coral. Florida 33904-5709 Te1:941 574.7100 F3.x:941 574.7474 ¢:'¢,?. September 15, 1998 Mr. Bobb Reeder Collier County Public Works 3301 Tamiarni Trail East Naples, Florida 34112 Manatee Road Pump Station Proposal for Professional Engineering Services Fixed Term Sercices Contract #95-2422 Dear Mr. Reeder: Per your request we have prepared a revised scope and budget for pump station improvements at the Manatee Road Pump Station. SCOPE OF SERVICES MANATEE ROAD PUMP STATION Task 1 - tfydraulic Modeling and Prelim/na~_ Desi~ A preliminary model will be developed to obtain an initial determination of the magnitude of required pump improvements. A preliminary estimate of construction costs will be made based on the model results. CDM will update the County's hydraulic model for the Manatee Road Pump Station area. Updating the model will include determining present demands, projecting future demands and simulating peak flow conditions for the years 2010 and 2020. Models will be developed to determine the design criteria for the pump improvements. The design criteria for the pump station improvements will be summarized in a technical memorandum. Five (5) copies of the draft technical memorandum will be provided to the County for review. CDM will meet with the County to review comments and will revise the technical memorandum. Task ? - [-'reparation of plans and Specifications Construction documents will be developed for the pump siation based on the design criteria established in Task 1. Plans and specifications will be developed to show the mechanical, electrical, and instrumentation improvements to the pump station. The County's standard front-end specifications will be utilized. Five (5) sets of draft documents will be provided to the County for review. Following receipt of County comments, the documents will be finalized and five (5) sets ofthe documents and one ( 1 ) set of reproducibles will be provided to the County. - ~0.~ CDM c. p Dresser & NlcKee Inc. Mr. Bobb Reeder September ! 5, 1998 Page 2 Task 3 - Bidding and Cortvtruction Services Bidding will be conducted by the County. CDM will attend the pre-bid meeting to respond to questions. CDM will prepare addenda as required. CDM will conduct a pre-construction meeting with the County and the Contractor. CDM will provide periodic inspection of the project for up to 40 hours. CDM will provide contract administration services including preparation of correspondence to contractor, review and approval of shop drawings, schedules, a~nd progress payments, coordination of start-up and testing, and final inspection and punch list preparation. COST OF SERVICES The sen'ices described in Tasks I through 3 will be provided for a lump sum fee of $43,000. In addition, a not-to-exceed amount of $1,400 (or the remaining fee under the Water Master Plan modeling assistance, whichever is less) will be expended to conduct the preliminary modeling and cost estimate under the Water Master Plan, not-to-exceed modeling assistance task. The preliminary modeling and cost estimate will be completed within three (3) weeks of receipt ora written notice-to-proceed Task I and 2 will be completed within six (6) weeks of receipt ora notice-to-proceed Should you have any questions or comments, please do not hesitate to contact me. Very truly yours, CAMP DRESSER & McKEE INC. Richard D. Moore, P.E. Vice President KDM/mb xc: Marie Mahan, CDM Jim Hageny, CDM - EXECUTIVE SUMMARY APPROVE CHANGE ORDER NINE (9) TO THE CONSTRUCTION CONTRACT WITH MILMIR CONSTRUCTION, INC., FOR THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT 8-MGD EXPANSION PROJECTi CONTRACT #97-2690R, Project 70859/70828. ' OBJECTIVE: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve Change Order nine (9) to the construction contract with Milmir Construction, Inc., to modify three existing degassifiers commensurate with a new fourth degassificr being constructed as a part of the North County Regional Water Treatment Plant (NCRWTP) 8-mgd Expansion project. cONSIDERATION: The NCRWTP currently has three existing degassifiers that operate via a spray header/nozzle liquid distribution system. A fourth new degassifier will be installed as a part of the expansion project and per the recommendation of our design engineer, Metcalf & Eddy, will incorporate a weir/trough distribution system: This system is newer technology and therefore, more efficient (lower electric usage) and more effective (even flow distribution). The three existing degassifiers are proposed to be retrofitted with the weir/trough system. By having all four degassifiers operate with the weir/trough system, the flow distribution will be optimized over the entire range of expected flows and electric power consumption will be minimized. As an added benefit, when maintenance needs to be performed, the newly-expanded plant can remain in operation with three of the four degassifiers on line. This would not be feasible if all fourdegassifiers had the obsolete spray header/nozzle system. Assuming $0.07 per kW-hr, the conversion of the existing three degassifiers will have a pay-back of approximately two and one half years. .(x,.~.ISCAL IMPACT: Funds in the amount of $70,094.00 are available in: Fund: (411), County Water Capital Projects Cost Center: (273511), Combined Water Capital Projects Project: (70859), North County Regional Water Treatment Plant 8-mgd Expansion. Original Contract Amount Previous Change Orders I Through 8 This Change Order Nine (9) Revised Contract Amount $13,684,984.90 ($ 18,881.00) $ 70,094.00) $13,736,197.90 BCC Approved 12/16/97 Administratively Approved Proposed GROWTH MANAGEMENT IMPACT: None. Executive Summary Approve Change Order Nine (9) to the NCRWTP 8-mgd Expansion Project Page 2 RECOMMENDATION: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve Change Order Nine (9) to the construction contract with Milmir Construction, Inc., in the amount of $70,094.00 for the NCRWTP 8-mgd Expansion project and authorize the PWED Director to execute the same. SUBMITTED BY: Peter Schalt, PMP, Project Manager Public Works Engineering Department DATE: REVIEWED BY: Richard J. Hellriegel, P.E., Interim Director Public Works Engineering Department REVIEWED BY: Paul M~at'tausch, Water Director Public Works Division DATE: APPROVED BY:~ ~~~~~-~~_ Ed l lschne--f-~, drninistrator Public Works Division DATE: Exe¢Sum. BelterRoads CHANGE ORDER TO: Milmir Construction, Inc FROM: P.O. Box 9400-A 1617 Rowe Avenue Jacksonville, Florida 32208 Project Name: NCRWTP - 8MGD Expansion Construction Agreement Dated: 12/16/97 Chanl!,e Order No.: 9 Collier County Government 3301 East Tamiami Trail, Building D Naples, Florida 34112 Bid No.: 97-2690R Date: Change Order Description: (Attach justification and supporting documentation for this change.) See Attachment "A" - Description of changes and justification See Attachment "B" - Sum'nary of Supportive Documentation See copies of Supportive Documentation attached Original agreement amount ................................. $13,684,984.90 Sum ofprevious change orders amount ......................... $ (18,881.00) This Change Order Amount [delete] ........................... $ 70.094.00 Revised Agreement Amount .................................. $ 13,736,197.90 ~ Final Original contract time in calendar days ...................... 410 502 Adjusted number of' calendar days due to previous change orders 427 519 This change order adjusted time is ........................ 0 0 Revised Contract Time m calendar dcr/s .................... 427 519 Original Notice to Proceed date ........................... 01/16/98 Completion date based on original contract time .............. 03/01/99 Revised completion date ................................ 03/18/99 06,"01/99 06/18/99 Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any. to this Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs.~ Nick Cooper, P.E. l~t4calf ~ Eddy, In~;. · -- ~DonaId Klose. ice President , t Milmir Construction, Inc. Peter Schalt, PMP, Project Manager Collier County, OCPM Reviewed by: Date Rich Helh-iegel, P.E., linenm OCPM Director Colh r County OCP Approved by' / ~1 ~aitausch Water Dtrector Pubhc Works D~vmon Approved by: Date: Ed llsckner, Public Works Admimstrator Public Works Division (For Use by. Ovmer' Fund: Co,t Cenger G.'Foems'Change Order Master doc Re~,sed 0l .'29.'98 Object Code Project No COLL.]ER COUNTY NCRWTP 8-MGD EXPANSION County Bid No. 97-2690R CDM Project No. 6295-21728 CHANGE ORDER NO. 9 ALLOCATION TO FUNDING SOURCES Change Cost/(Credit) Fund it 70828 Fund # 70859 Order Amount Wellfield NCRWTP Expansion Item it I $70.094.00 $0.00 70,094.00 TOTALS S 70.094.00 $0.00 70,094.00 COLLIER COUNTY NCRWTP 8-MGD EXPANSION' county Bid No. 97-2690R CDM Project No. 6295-21728 CHANGE ORDER NO, 9 ATTACHMENT "A". DESCRIPTION OF CHANGES AND JUSTIFICATION Item No. Description of Change Cost (Credit) I Furnish all labor, material and equipment to convert the three $'/0,094.00 (3) existing degassifiers at the NCRWTP from a spray header con. figuration to a weir trough system configuration. The modifications exclude the enlargement of each of three (3) manways to 42", which is to be done by others. Total $'70,094.00 Item No. Justification for Change I Modification of the three (3) existing degassifiers to a weir trough system is the option recommended by the project design engineer, M&E, per their July 2'7, 1998 technical memorandum. Having all four (4) degassifiers (3 existing. I new) with a weir trough system will optimize flow distribution over the entire range of expected flow. Incremental costs associated with upgrading the existing degassifiers to the weir trough system are a "one time" cost, which will be offset by the power cost savings associated with changing the existing high head loss nozzle contiguration to the low head loss weir trough configuration, (i.e., reduced pumping costs). At the August 11, 1998 meeting with County staff, M&E and CDM, this option was agreed on and approval to proceed was given by the Public Works Administrator. COLLIER COUNTY NCRWTP 8-MGD EXPANSION County Bid No. 97-2690R CDM Project No. 6295-21728 CHANGE ORDER NO. 9 ATTACHMENT "!3" SUPPORTIVE DOCUMENTATION Change Order Document Description Document Date Item No. I Technical memorandum from M&E to Collier County 07/27/98 OCPM outlining options for degassifier operation at the NCRWTP. I Milmir Construction cost proposal to CDM, proposing to 08/04/98 convert the three (3) existing degassifiers to a weir trough configuration. I Modified Milmir cost proposal, deleting enlargement of 08/12/98 existing manways and associated costs. · Milmir Construction, Inc. P.O. Box 9400-A 1617 Rowe Ave. .racksonville, FL 32208 Phone: (904) 768-2300 Fax: (904) 768-6494 PROPOSED CHANGE ORDER No. 00118A Modify Existing Degasifiers PROJECT: N. Regional WTP 8MGD Expansion TO: Camp, Dresser & Mckee, lnc. 8011 Vanderbilt Beach Road Ext. Naples, FL 34108 DATE: 8/4/98 JOB: 9801 CONTRACT NO: 9801-MAIN ATTN: Adam Sobolewski, P.E. RE: PCO To: CDM From:MILMIRCO Number: 001SA DESCRIPTION OF PROPOSAL In an effort to expedite the owners decision regarding the ~ype of degasifier distribution system to be used in the new dega.sifier we have prepared this proposed change order. Per the latest project schedule we will need your decision no later than August I 1, 1998, or the~iinew degasifier installation will develop negative float We propose to modify the three (3) existing degasifier distribution systems in accordance with option number two of the attached M~tcalf & Eddy memorandum. The work will be require taking each of the existing degasifier out &service for approximately 10 days. Material delivery will require approximately 6 weeks. At~ached is an itemized breakdown and copies of our vendor proposals for your use in evaluating this proposal. Lump Sum: Lump Tax: Total: $0.00 }VAL: {//' I~o"~ald-L. Klose, V.P. Date: / ! By: Date: 0 (22, P~. ~ ,,~ ~' ~ E O'~ la. 0Cl 13 '"' lVlilmir Construction, Inc. P.O. l~x 9400-A 1617 Rowe Ave. .L~_~__*o~vtlle, FL 32.7.08 ¥ILiilR CONST Pt)one: (g04) 76L2300 Ytv, z~ (9(M) '76t.6494 TITLE: Mod/fy ExisanE l~gnaifiera PROJECT: N. Regional WTP 8MGD Expansion TO: Camp, Dresser & Mckce, Inc. 8011 Vand~rbilt B~ach Road ExL Napl~, FL 34108 ~,.~.~ CD¥ NAPLES PROPOSgD C GE ORDER No. 001SA DATE: 814/98 JOB: 9801 CONTRACT NO: 9801-MAIN ATTN: Adam Sobolewsk'i, P.E. RE: PCO To: CDM Fr~m:MILMIRCO Number:. 001SA D~~ON OF PHO~SAL In ~ eff~ ~ ex~ ~c own~ d~isi~ rc~g ~c ~e of ~ifi~ di~b~ ~stem W ~ u~ in ~e n~ dcg~ificr we have ~ in~l~on w~ devcl~ negative flo~. ~0~ ~ & ~dy ~o~d~. ~e w~k ~]J ~ ~u~ ~ing ~ oF~e exufin$ deguifler om of~ t~ ~xtm~ ~liv~ ~1I ~ ~x~ 6 w~. - CDM - COLLIEP CO CONSTRUCTION SVCS CO BID NO. 97-26908 CDM PN: 6295-21728 Lmnp Sum: S77,676.01~d1~ Lump Tax: $0.0! Total: $77,676.00 AUG 4 '098 CAMP DRESSER & McgEE COLLIER C0. flr'LO OFFICE APPROVAL: ~/" ISo~aJd-L. IOose, v.?. Date: Dat~: 08/04/98 15:55 TX/RX Adam Sobol~wski, P.E. JUL 29 '04 09:21 JACOBS GROUP IHC - - III _ 111 I Dua l D vlslon ~1173 73~.411M THANK YOU FOR YOUR INQUIRY. WE ARE PLEASED 'TO SUEMIT THE FOLLOWING PROPOSAL Fmc: $13/855-8S21 END USER ColH~ Cowry, FloHc~ Th, 3~obs Oroup 160 Scarlet Blvd. Ol~ma:r, FT., 34677 Phone ADeNTION OF P~l PROPO;AL NO, Rev. 300-9616-018-?-019 DATE OF PROPOSAL YOUR REFERENCE NO. I~.o.m. Jobs[tm. Col[ier Co,u.nl~ TERM8 · SHIPPING 8¢HEOULE f-6 w~l~ ~om ~te of r~l~e b3 fi~rication DudI h plu4md to off~ ~,~ foUowLng quot~do: for yo~ ~on~id~ration. BASIS OF DESIGN Modification of an existing dcgasificr at :he Collier Cou.my, IqoHda KO plant, The b~/s of design for this! proposal is to change tl-,e exisHng spray he~der~ozzle Llq~d dIstrib.a+,or sys'zm to a PVC wch'/trOul~h s'a/bulor system. Thc capacity of thc proposed system wtll be 4,600 lips. 1. (1) DualI Division Weir/Trough Assembly Complete w~m ~e follo~ng: PVC co~t~don 1 - W~r usembly ~ ~j~lm ~tes 1 - Lot 316 f~ess stee! h~rd~c to se=ute ~u~ to ~ ~ I - ~$inee6n~n) ~OTE: ~1 l~r ~ ~t~nl ~or ~e ~o~(~c~o~ ~ ~e ~Est~S vessel, tm not ~lu~d. pRICE ..... 5 10,593,00 EACH ~rE$$EI. MODIFICATIONS 1. Thc 20" dia. tnflue, nt mtin wLlI remain inta~:q n~t the 6" din. N'anch hearts should be z'cmoved ~ capped a.i clo],e to ~e ~ a~ possible. (4) no~zles in the bonos of'd~ tnflucm main should be removed. It will havo to .be determtn~ by ~ctuaJ measurement if thc layout of the~c existing holes will coLuctde with th, (7) 6" dia. holes that will l~.ve to b¢ ir~ta/led with down comer,. Ifth~ don'tllno up, tl~n. th,~, wiil ha,m tol>, re~~~_~_ JUL 29 '04 1~9:22 JAC03S GROUP INC Duall ?mpos~l ~o. 300-9616.018-T-019 R~v. ! ?~ 2 Divl,ion's st.~'lciard t~ras a~cl co~clltlo-,, · coFy ofwl~ch is' included with e~ls prol:~t,~l, apply to ,,Il trm~go~, Full plym~nt is du~ N~ 30 days ~'om dat., of shipman. Payrr~t r~air~o lad/or lictutda~ will not b~ ~cc~p~cl by ~c ~ DiviSion. To insure proper pro¢cssi~. & purchuo orcter r~suhin~ from ds proposal should R.EF~RENCE OI. FR PROPOSAL NUMBER, md bc bsued to: MET-PRO COR.POP,.ATION DUALL DIVISION 1550 Industrial Drive Owosso, MI 48867 Att'n: Sales ~RSE 81DE, WHICH ~RM8 AND CONDITION~ ARE HEREBY ~A~E l PA~ H~EOK / OCT / '1 .. ,,/ TTS Technical Treatment Services Air & Water Service Company July 3 I, 1998 Milmir Construction, Inc. 1617 Rowe Ave. Jacksonville, Florida. 32208 Att: Don Klosc Subject: Retrofit to tower Proposal: 98-6.';4 Mr Klose' Thank you for allowing T'I S to provide you wi:h the following cost proposal for the above mention project The following is a break down for the scope of work proposed by TTS to complete the construction installation on the tower. Others not mention in the scope ofw'ork will supply all of the internal components Scope of work: I Remove the existing internal components on the tower and making the required modifications to the tower to accept the new components supplied by others. First a 42" manwav will replace the existing 36" one; this will allow the new components to enter the tower for the ney, system Price covered under (2) TTS will remove the existing nozzles and replace them with caps for future use. Installing a 4" support ring on the inside ofthe tower to support the trough for water flow TTS ',viii supply the 4" support ring and the 8" I beams ['or the supports. Under the 4" ting three (3) 8" I beams will be installed to aid in support the troughs After all of the supports are installed, the weir trough system will be installed The troughs will be bolted to the 4" ring and the 8" I beam with Stainless steel bolts 1 Cost includes all labor and materials as stated ...... $9,860.00 each 2 Install a 42" manwav at the location of the existing manway This will include removing the existing manway and fiberglassing the new one in place .... $2,250.00 each 0C I 1 3 1S98 1603 Barber Road · Sarasot;~, Florida 34240 · Phone: (941) 924-4582 · Fax: (941) 925-4325 Parc 2 of 2 Note: This price does not include the cost for media removal and replacement. Milmir will supply a crane to lift the internal components into the tower. This does not cover thc cost if needed to move the existing platform if found to be to close to the manwav Technical Treatment Services. lnc standard terms and conditions, a copy of which is included with each proposal, apply to all transactions. Full payment is due Net 30 days after each tower ;s completed Technical Treatment Services, Inc will not accept payment retainage and / or liguidated damages. If you have anx question regarding this proposal feel flee to contact me at (941) 924- 4582 Director of Operations STANDARD TERMS AND CONDITIONS OF SALE hereinafter refe;rod to as "Seller") SCOPE. The terms and conditions of sale contained herein apply to all quotations made and purchase orders by the Seller w~th the Buyer The present terms and condrt,ons may in some instances conflict with the terms affiked to or order blank and/or specified by the Buyer. Therefore. acceptance of the Buyer's order ,s made only on the express ur, derstandmg and conclstion that insofar as these standard terms and conditions conflict with any terms and conditions of the Bu.ver's order, these standard terms and conditions shall govern Any changes in the standard terms and condrUons Of sale contained herein must spec,fieRily be agreed to in writing by an authorized officer ofthe Seller before becoming bindtng On le/ther the Se!let or the Buyer. These terms and condnions of sale shall be applicable whether or not they are attached to. referred~ to or enclosed with the products, or mvmces sold or to be sold 2 QUOTATION Quo(ed pnces are open for acceptance by the Buyer .within thirty (30) days from the date of quotation. Unless other~nse stated, prices are firm bm subject to purchase or sales tax, customs tariff and other d~rect taxes. between date ofquotat,on and date of shipment All quotanons exclude apphcable sales, use or other taxes, which, n ,s agreetl, are the responsibility of Buyer. Seller may add such taxes at ns time of bilhng in order to meet statutory requirements. 3 ORDERS All orders are subject to final acceptance by the Seller. The Seller reserves the right to acCept or to reject any order from any Buyer, in whole or tn part The Seller reserves the right (without prejudice to any other remedy) to cancel any uncompleted order or to suspend delivery, m the event of any of the Buyer's obligations to the Seller not betng corfiplied with or in the event of any act or omission of Buyer '~hich delays Seller's performance. On the cancellation of any order, the Buyer undertakes to mdernmfy the Seller against all losses, including cost of all labor, materials, overheads, damages, charges, expenses and attorney's fees and costs arising our of the order and ~ cancellation Blanket orders will be accepted for annual quantity pricing, promded they are firm orders for a stated quantrty and total delivery ,s accepted by the Buyer w/thin one ( 1 ) year afle/: date of blanket order mt/')' Unless otherwise stated, prices are firm but subject to purchase, use or sales tax. customs tariff and!Other d,rect taxes bem, een date oforder, acceptance, and date of shipment Orders are subject to a variation often percent (10%) over or under the quannty or weight specified and performance V, qll be considered complete on that basis. If price Is stated m terms 6f unit the total contract pnce will be adjusted to conform to the quantny or weight delivered. The Seller assumes no further vanatlons 4 T1TLE AND DELIVERY The goods or semccs shall be delivered F.O.B. Seller's plant or designated warehouse Title to goods and liabilny for loss or damage in transn or thereafter shall pass to Buyer upon Seller's deliveD, 0fthe goods m good condition to a common carnet for sh,pment to Buyer or its consignee or upon Seller's delivery of the goods directly to Buyer or ms consignee at Seller's plant or destgnated warehouse if no common career is required. Buyer shall pay all shipping costs. Seller retains a security interest m the goods until the entire payment due and all other monies payable hereunder are paid in full. Buyer agrees that a copy of this Agreement is suffic,ent and raay be recorded as a financing statement. A financing statement may be filed without Buyer's signature on the basis of this Agreement Unless instructions from Buyer specie' the method of shipment to be used. the Seller will exercise its own discretion. Times quoted for shipments will date from rece,pt by Seller of written order accompanied by all necessary reformation enabling work to commence together with any ,report license and/or pertains, which may be necessary, or letters of credit or Other ,nstmments of payment which may be requested by Seller Sh,pping dates are estUnated only and not guaranteed. The Seller shall not be liable for failure to meet such dates in no event Wql Seller be liable for any reprocurement costs. Seller will in no event be hable for delay or non-delivery due to causes beyond as reasonable control, including, but not lira?ted to, acts of God, acts of!ciVal ot mil~ry authority pnomies, fires, stnkcs, lockouts, slowdowns, factor,,' or labor conditions, errors in manufacture and inability to obtain necessary labor, materials or manufactunng facilit,es In the event of such delay, the date of&livery shall, at the request of the Seller, be deferred for a period equal to the time lost by reason of the delay 5. TAXESAll federal, state, county, local or other taxes, lev~es or duties (of whatsoever) nature applicable to the goods or services sold, shall be paid by the Buyer, in lieu thereof, the Buyer shall proWde the Seller with a tax exempt,on certificate acceptable to the taxing authomies i! PAYMENTS All orders are subject to credn approval before acceptance. All approved credit invoices are due and payable in United States currency without discounts thm'y (30) days from date of invoice, unless other terms are set by Seller tn writing. If. tn the Seller's judgment, the Buyer's financml condnion does not at any nme justify the term! PG. /' the Seller may cancel any unfilled orders unless the Buyer shall at the Seller's option: (ay Immediately pay for any goods delivered or manufactured to Buyer's SpeCificatiOfl, or pay in advance for all goods ordered b~ not dehvered; or (c) make any' oth~_r credit or payment arrangements acceptable to Seller. Each shipment shall be considered a separate and independent transaction, and payment therefor shall be made according/.,,,. In the event of any defautt by the Buyer, Seller may decline to make further shipments without in any way affecting/ts n~ts. under such order, lfdesp/te anN' defautt by the Buyer, the Seller elccts to continue to make shipments, its action shall not con. s-tltute a waiver of any defautt by the Buyer or tn any way offset the Seller's legal remedies for any such default. In the event of an~,' default bythe Buyer, Seller shall be entitled to receive from the Buyer all expenses arising out of such default, tncluchng attorney's fees and costs through appeal 7. .PATENTS The Buyer shall ,ndemmfy and hold the Seller harmless against any expense or loss resuttmg from any claims for actual or alleged mfnngemem of'patents or trademarks anstng from compliance with Buyer's designs, specifications or instructions. The sale of goods by the Seller does not convey any l,cense, by tmphc, ation, estoppel, or othervnse, under patent claims covering combtnauons ofsa~d goods wa.h other devices or elements Except as otherwise provided m the precodtng paragraph, the Seller shall defend any su,t or proceedtng brought a~atns-t the Buyer so far as based on a cla,m that any' goods, or any part thereof, furnished under this contract con~ an tnfi'mgerfient ora duly issued and valid Unned States patent, at the date of this contract, provided: (ay THAT sa~d claim shall not derive from the use of such goods m a manner or for a purpose not spec. ified by the Seller. and lb) THAT sa~d claim shall not be m respect of the use or sale of any eqtnpment not supplied by the ~ieller but v.~ch includes or ~s used in combination ~ any. goods so suppl,ed; and lc) THAT the Buyer has m~de and makes no admission in respea of such alleged in~ngement and gives the Seller not~ce m wrmng within five (5) days from receipt of notice of any cla,m being made Or action threatened or brought against the Buyer and that the Buyer furnished Seller w/th all papers ret. re., sved tn connection therewith and gives authority, information and assistance rat the Seller's expense) nece~ssar3.. the defense of any lrt/gation that may ensue and all nego/:auons for a settlement of the claim, and (dy THAT the Seller has sole control of the defense and all related s~lement negotiations of any alleged mfnngement In case sa~d goods, or an.,,' part thereof. ~s ,n such suit held to constitute infringement and the use of said goods or ~arts is enjoined, the Seller shall, at rts ov,~ expense, either procure for the Buyer the right to continue using said goods or pan.. or replace same wrth non-lnfnngmg goods, or modify ~t so it becomes non-mfnnging, or remove said goods and refund the purchase ~rice and the transportaOon cos'ts thereof The goods shall be either returned or disposed of in accordance withll Seller's ,nstructions The forego,ng states the entzre liabdity of the Seller for patent mfnngement by the said goods or any, part ther~f 8. WA ...RRANTY : (1) The Seller war~ants that the goods will be flee from defects in material and will comply wrth~'~ Seller's normal standard of workmanship ' (2) The Seller shall ~ncur no hability under th~s warranty un:ess (2. I) The Buyer promptly notifies the Seller tn writing upon discov'~ry Of anN' such latent or patent defe~t and tn an.s, event, not later than twelve (12) months from the date of shipment ~fthe goods to the Buyer. (2.2) The Buyer returns the allegedly defechve goods within fourteen (14) days from clascoven,, of an.v such latent or patent defect, and tn any event, not later than twelve (12) months from the date of sh~pmeOt of the goods to the Buyer, transportation charges prepaid, tn the form and packagtng in which ongtnallv Sh~pped. and (2.3J After the return of the goods, the Seller's tests disclose that the goods do not meet Buyer's specifications by reason alone of'defects of material and/or deV~aUon from Seller's normal standard of workmanship]! (3) The liabdrty' of the Seller shall in any event be limited to either repair or replacement of the defective sold hereunder at the Seller's expense, or reimbursement to the Buyer of the price paid to the Seller for defective goods sold hereunder, the choice of remedy at the Seller's option I OCT 3 (4) In no event shall the Seller be responsible for defects due to phystcal damages suffered to the goods as a result of tmproper handling and/or storage dunng or after shipment, m~suse, neglect, ~mproper installation or operatton, repair, alterations, accident, or for any other cause not actnbutable to defects of material or of workmanship on the part of the Seller. (5) In no event shall the damages for which the Seller may be liable to the Buyer exceed the sale pn~ to the Buyer for the defectwe goods sold hereunder. Seller is not liable for special, incidental or consgquential damages, including, but not hmited to cost of removal and reinstallation of goods, loss of goodv,411l, loss of profrts, storage, or loss of use, however caused, whether by negligence of Seller or otherwtse '; (6) Seller's warranues as heremabove set forth shall not be enlarged, dtmmished or affected by~ and no obligat,on or habiltty shall arise or grow out of Seller's rendenng of technical advice or s~rv~ce an connection w.h Buyer's order of the goods furnished hereunder. (7) THIS WARRANTY iS IN LIEU OF ALL OTHER WARRANTY. EXPRESSED OR IMPLIED, INCLUDING. BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILIT3.' OR FITNESS FOR A P,a~RTICULAR PURPOSE, AND OF ALL OTHER OBLIGATIONS ASSUMED BY ANY EM PLOYEE, AGENT OR REPRESENTATIVE N_N._Q RETU_RN__S No products are to be returned without written authortz, auon from the Seller and then only in accordance wrth the Seller's terms and instructions. 10. ..ASSIGNMENTThe Buyer shall not assign tls order or any interest thereto or any rights thereunder without the prior ,,'ntten consent of Seller I! [NTE_~RPR__ETAT_____I_O_~ THE BUYER HEREBY ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT. UNDERSTANDS IT. AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS, FURTHER, THE BUYER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT :EN THE PARTIES WHICH SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR \VI~I'VFEN. OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT The nights and obhgauons arising under this agreemen! shall be governed by the laws of the State of Florida Venue in any aa,on ansmg hereunder sh.~ll he in Sarasota Count.,,', Florida ~r .!i OCT 1 3 '1L55 i An At: !'. Wafer Technologies Compar~ DATE: TO: SUBJECT: COPIES: July 27, 1998 Peter $chalt, PMP - Collier Co. Donald Klose - MLlmir Construction Adam Sobolewski, PE J'onathan Hasson, PE De[~si~er Questions/Concerns for Collier Co. ~IWT~ 8-m, gd Expansion Submittal No D! 1210-001 Nick: Cooper, M&E R~$?OND N/A During the review of'the referenced shop drawing submittal, Paul lacobs oft. he Sacobs Group, the teds.sifter supplier, submitted a standard weir-trough type ofdega3iller arrangcme~: for u.~ a3 the fo~h degasi.fer at the Coltier Co plant. Metcalf& Eddy responded to this submittal a~ an "Amznd Resubmit" sinc~ our spcdfications required the supplier to match ',.he existing dega..siliers byl~u nozzle con.figuration for thc de.~asifier distribution system. Mr. ,lacobs responded wi:h data stating that the required range otflows for the dega.sifler$ wa~ nm tile best system flow confi!urafion The flow ranges are listed below: Original plant design: 2,800 to 3,500 gpm.. Hew plant deli_~n 1,400 to 4,600 gpm (3,500 gpm design flow rate) For each design, thc mimmum flow is based on the expected minimum op~'ational flow from one treal:ment unit: 2, S00 gpm for one membrane softening unit ami 1,400 gpm for one rev~'~ osmosis unit The maximum flow c~f 3,500 gpm for the original plant design, from what we can deto'mlne, was based on operating four (4) degasifiers for the expe~,"ted plant maximum capacity of 20 mgd. The ~ design m,tximum flow rate of'4.600 gpm was based on providing the County with · spare deg~ifier, (3) degasifier units capable of handling 20 mgd of plant flow. According to Mr. Jacobs, at the wide flow range of the new plant design, the awil~le nozzle distn'bfition system will not work e~ciendy at the upper and lower ends of'the flow range. ARa' our review, we have determ;ned that when only one Re unit is operating, the dega. sifler distribution for the 1,400 gpm flow rate will not provide an optimal spray pattern. At the high range of 4,600 gpm, the he. ad losa ,-~,,_,~d by the nozzles will cause ~hc Re feed pumps to back up on their curves potentially reducing the overall plaza throughput. At thc design flow rate of 3,500 gpm, the degasiflers should operate aI their most eflici~t point. The new plant control strategy, is set up to operate each dega.riflcr in · normal ra~e of 2 mgd~!to mgd. The 4.600 gpm flow rate should not be expected except during ax, emergency condition. We see three options available to the County to resolve this issue: 1. Accept the weir-trough system for the fourth degasifier and continue using the nozzle configurarinn for the existing three degasiflers. We cio not recornmer~d tl~ option ~J the differing head losses betw~n the nozzles and the weir-trough system will disproportionate flow distributions. 2. Modify thc cxisting dcgasifiers ,o a weir-trough syszem. Ideally, having all £our~'~-..~~ w~th a ~eir-trough system of diswibution would provide £or th~ r~luired flow r'~z~i"- ~00'39~d Colli~ Co. Dq~s~' Zssu~s .T1.Qy 27, 199~ l~ag, 2 distribution, as wc understand from Randy Garay, this option has not been considered due to the capital costs associated with upgrading the existing degasLfie~s to the weir-trough sys~.m. Wc estimate these oozes will be approximately I;9,000 to 1;10,000 more pet degasifiea' to : upgrade ~hm~ the current County plans to replace the degasLGer internal nozzles with new nozzles systernq When this additional cost is compared to th~ potential power cost savin&s associated with changing the high head loss noz. zJe con.figuration to the lc~ head loss trough configuration, modifying the existing thl'ee dega.~fi~'~ to the ~reir4.rough ~a~ may be attractive We recommend this option only if'the County i~ inlzre.~lted in moving in thia direction of process changes to reduce pumping com. 3. Install a foumn degasifier as currently specified malching the nozzle confiSuralioa of the cxisting t}',r¢: dcgasifiers. This option is acceptable M long as it is untlcrstood ~ ar.~cpted by lhc C'ot]ntv that with one degasifier out of service, the total 20 mgd of plato flow w~ not he av~.i!ahle .-X~ Ibc minimum flow of 1,400 gpm, the spray dim'ibution pattern will not the most :~cient pattern available from the nozzles, but should be ad~luate for tr~ oft]~ low flow rate We recommend this option be accepted by the County il'option 2 al:u3ve i~ not to be considered Paul .lac. ohs is holding his resubmittal oft}tis shop drawin8 pending the ~c~ptanc, of'one of'the.~ opth:u~ I~ the County. We requcst thc County make a quick determ/nation o£theh' desire for direction on ~ Plea.~ contact us if yot~ h.avc any additional comments or question~. ~00'39Ud .,EXECUTIVE SUMMARY APPROVAL OF STAFF SELECTION OF PROFESSIONAL TRAFFIC ENGINEERING CONSULTANT FIRMS AND AUTHORIZATION TO AWARD AGREEMENTS TO SAME FOR PROFESSIONAL TRAFFIC ENGINEERING CONSULTANT SERVICES. OBJECTIVE: To establish agreements with several professional traffic engineering consultant firms for annual contracts. CONSIDERATION.~- A Request for ProPOsals was issued for the purpose of establishing a two (2) year contract with several firms that are capable of providing Traffic Engineering Consultant Services on an as-needed when needed basis.. Proposals were sent to 153 firms with 10 proposals being received. A staff Selection Committee was authorE'ed to review, evaluate and rank proposals from Traffic Engineering Consultant firms, and to negotiate agreements with the top- ranked firms. RFP #98-2803 was issued, and the top-ranked firms are as follows: Kimley-Horn and Associates, Inc. David Plummer & Associates Tindale Oliver and Associates, Inc. Wilson, Miller, Barton & Peek, Inc. It is the recommendation of the Selection Committee that contracts be entered into with the four top-ranked firms. Negotiations have been carried out with each firm. Work assignments under these agreement are subject to a maximum of $90,000 per Work Order. Work Order requests by a County agency include a Scope of Work agreed to by the County and the professional firm. Work Order assignments in excess of $25,000 shall be approved by the Board of County Commissioners. Copies of Agreements are on file in the County Administrator's office for review. FISCAL IMPACT: Funding for Traffic Engineering Consultant Services under these agreements shall be provided by each user Division, and contracted by a Work Order and Purchase Order funded by the using agency. GROWTH MANAGEMENT IMPACT: None ..RECOMMENDATIONS: That the Board of County Commissioners approve the selection of four Traffic Engineering Consultant firms as shown herein, and authorize the Chairman to execute fixed-term agreements with these four firms. PREPARED BY: , _ DATE: /(." 7- ')dc Gwen Butler, Senior Buyer StephenYT'.Carnell, P~{c in ~-ir~tor /' - REVIEWEDB. : _ _ _ - _ Ed Ilschner, Public Work~ Administrator DATE:~ 0 C ~ 1 3 Z n- h O Z Z 0 Z Z .. OC[ ~ 3 ~ PG. ~ AGREEMENT FOR PROFESSIONAL TRAFFIC ENGINEERING CONSULTANT SERVICES THIS AGREEMENT is made and entered into this, day of ~__, by and between the Board of County Commissioners for Collier County, Florida., a political subdMsion of the State of Florida and (hereinafter referred to as the "OWNER") and David Piummer & Associates a Florida Corporation, authorized to do business in the state of Florida, whose business address is 1531 Hendrv Street. Fort Myers. Florida 33901 (hereina~er referred to as ,,,e "CONSUL ~NT ). WITNESSETH: WH=R-.-....S, the OWNER desires to obtain the professional traffic engineering consultant se,vices of the COt.;SULTANT concerning work and/or the improvement of areas wit;nih t~e operational jurisdiction of Collier County, such services to be performed by the CONSULTANT pursuant to this Agreement and with Work Orders to be issued by OWNER subsequent to execution of this Agreement; and in accordance with the conditions that each Work Order s~all not exceed S90,000 and that total initial compensation for all Work Orders issued under this Agreement shall not exceed S500,000. WHEREAS, the CONSULTANT has submit'ted a proposal for provision of those servic,~s' and WHEREAS, the CONSULTANT represents that professional services that will be required by the OWNER. it has expertise in the type of NOW, THEREFORE, in consideration of the promises and provisions contained herein, the parties hereto agree as follows: the mutual covenants and ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional traffic engineering services in all phases of any Work Order to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are those set far:.n :-~ this Agreement and Work Orders prepared and issued by the OWNER and executed b', parties hereto subsequent and pursuant to execution of the Agr~.m_nt. ~ ~'~ ~ -he ccmpensation to be paid CONSULTANT by the OWNER for all Basic Services is set f.::-tx ..n Article Five and Schedule A. Consul,ant s Employee Hourly Rate Schedule", which is ""~- hereto and incorporated qerein. 1.3. The CONSULTAt.,,'T agrees to obtain and maintain throughout the period of this Agreement all such licenses as are : '-, r_qulr_d to do business in the State of Florida and in Collier County. Florida. including, but nat limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional ser,,iCes to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder r=,a~. professional service whic.~, under Florida Statutes, requires a license, certificate of authorizat'~2n or other form of legal entitlement to practice such services, it shall employ and/or retain qualified personnel to provide such services. 1.5. CONSULTANT agrees to employ and designate a Work Manager in writing, within five (5) calendar days after receiving its Notice to Proceed under an executed Work Order. T,,he Work Manager shall be authorized and responsible to act on behalf of the CONSULTANT with ~respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement and a Work Order. Within five (5) calendar days from the Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the OWNER a writ'ten statement, executed by the proper officers o? the CONSULTANT, acknov,,ledging that the Work Manager under the Work Order shall have full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to such Work Order and this Agreement. The CONSULTANT agrees that the Work M, ana~er shali devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Work Manager shall be subject to the prior approval and acceptance of the OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the OWNER, to promptly' remove and replace the Work Manager, or any other personnel employed or retained by the CONSULTAI'.~T, or any subconsultants or subcontractors or~ any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made bY the OWNER with or without cause. 1.7. The COt,~SULTANT has represented to the OWNER that it has expertise in the typ~e of professional services that will be required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of iany governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utJlj_z_~_i!$Lh~t professional judgment to advise OWNER regarding resolution of the conflict. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third pers~'.'~, firm or organization, v,'ithout OWNER's prior written consent, or unless incident to the proper performance of the CONSULTANT's obligations hereunder, or in the course of judicia!: or proc...,,~,., where such information has been properly subpoenaed information concerning the se~,ices to be rendered by CONSULTANT h,--',,,-,-~-- ! ' CONSULTANT shall require all of its employees, agents, subconsultants and subcon,, a,.,o, s to comply v,,ith the provisions of this paragraph. 1.9. If required pursuant to a Work Order, CONSULTANT agrees to provide to OWNER professional evaluations ,of the OWNER'S work budget. The evaluations and opinions s;'~all be delivered to OWNER ~n as. cordance with the following schedule: (a) Ti~e professional evaluations of the OWNER's work budget shall be delivered w~th the repod to be furnished by CONSULTANT as part of the Scope of Services. 1.10. Evaluations of the O~,¢Nr-RS budget, prepared by the CONSULTANT represent t!he CONSULTANT'S bus, iudgment as an experienced and qualified professional traffic engineering consultant. ARTICLE ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additior~al Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule A. The following services shall be Additional Basic Services: 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances. 2.2. Se~'ices resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Preparation and submission of information to and necessary consultations with the Coilier County Transaortation Depart, ment, Florida Department of Environmental Protection, Florida Depadment of -' ~,ansport=,~on, South Florida Water Management District, U.S. Army Corps of Engineers or other ap,.oropriate regulatory agencies, in order to obtain necessary permits or approvals for constr~:ction of the Project. 2.4 Providing renderings or models for OWNER's use. 2.5. Investigations and studies involving detailed consideration of operations, maintenance alnd overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. 2.6. Furnishing services of independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. 2.7. Services during out-of-town travel required of CONSULTANT and directed bv other than visits to the Project site or OWNER's office or local travel as defined herein. 2.8. A-_.~.s,:,nce in connection with bid protests, rebidding or renegotiating contracts con=,r,....::ion, materials, equipment or services, except as othen,,vise provided for herein. 2.9. Providing any type of properly surveys, aerial photography or related engineering services needed for the '- .,", ~,a,,sfer of ' ,=.,-= ' · ~nt_,~s~s in real properly and field sur',,,eys for design purposes and ,..n~inee:;,ng s:¢:"ve',s an:! s:a~.;:n.3 t:, enable contractors to proceed ;,,'~th ' =' · ' - ,h_:r work and S,,-,=~,BI ~.::...., sur've','S. 2 10. ~ ........ of . r'",=.,.,a,:~..,n operating, maintenance and staffing manuals, excep~ as other'.vise provided for ~erein. 2.1 1. Pre,.oarin~ to serve or se"ving as a CONSULTANT or witness fcr OWNER in any or other lecal or administratiw'- proceeding involving the work (except for ~;' ,"-~ - ~ ' , a~,s,an,...~ in consultat:ons v,,hich are included as pa,~ of the Basic Services to be provided herein). 2.12. ' "~' ' ' /~'~,~D,~ ase"" .,~,.. ....... ,.., .... by CONSULTANTS not "~ ' .. o,n=rv,qse provided for in tn:s Agreeme,nt or not customarily furnished in accordance with generally accepted traffic engineering pta:rice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The Owner shall designate in writing a v,,ork coordinator to act as OWNER,s representative with respect to the services to be r_nd~r~d under this Agreement and a particular Work Order (hereinafter referred to as the "Work Co.'~rdinator"). The Work Coordinator shall have authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to CONSULTANT's services for the work. However, the Work Coordinator is not authorized to issue any verbal or written orders or instructions to the ......~,,=...;. or n,._rpreted to have ,.ne effect, of modif'.,'i,,= or changing in an.,,' v.'av v,.'hatever; (a) The scope of se~'ices to be provided and performed by ,.h. CONSULTAN- hereunder; (b) The time the COr4SULTANT is oblic:ated to commence and compl=,, ail such sen'ices' or (c~ ~ne am3unt of compensation the OVVNER is obl~ga::;d or committed to sa,,' ,ne CONSULTANT. (a Review and make ~7. ¢~2~o~r,¢.~ recommendations on all requests submi.~ed bv the CONSULTANT fc, r payment for sea, ices and work provided and peHormed c ....... .,~-,, ,~ v,'itn this Agreement: (b Provide all " .... ' ' cr~:~;,~ and intormat~on requested b'? CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expanda~ility, and an.,,, budgetan/limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, produ3t literature, previous reports and any other data relative to design or construction of the Project (d) Arrange for access to and make all provisions for CONSULTANT to enter the site to perform the services to be provided by CONSULTANT under this ,Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by 3.3. COi',~SULTANT ac.;:nowledges that access to any work site, to be arranged by OWNER for CONSULTANT, may be provided during times that are not the normal business hc'..:s of the CONSULTANT. 3.4. O'.,";,'NER shall be responsible for the acquisition of all easements, property sites. rights-of-v,'av, or other ~ropertv ',-,', · . . %n~s required for the work and for the costs th'-','"'",," in:iuding the ~",-' of ~,..~,s am,' "-~,'~uired land s,.,,~ _,,~ in ~ ,,- - . conn=c,~on with such acquisition. ARTICLE FOUR T' - tM-- 4.1. The per;cd of ser,,ice sha;! be from the date of execution of this Agreement S~pt_,,,3=r 30, 2000 cr until such time as all outstanding VVork Orders issued prior to the ex?,¢;,.n ,o, ,n_ Agreement period have been completed This Agree,'nent may be :'.~'-,...:.~ r~,, .... ,.., for an ,-,',~ ;, i-, ~ - a ..... ..,,,~1 tv,,,:.) years rene,,,.,a-,i: . ~.._ annu Renewal shall be agreed to, in writing, 3',, ootn 4.2. S.,,~,..~s to be rendered by CONSULTANT shall be commenced subsequent to the ~xecu:~sn of this Agreement upon v;rit'ten No;ice to Proceed from OWNER for all or any des' ~'- ' ~gna~:,.d port~cn of the project established by a Work Order and shall be performed and ,~c,...o,~,a '..vith suoh Work Order. ~n~ essence with respect to the P~,,ormance of this Agreement. 4.3 Should CONSULTANT be o~s, u,...tud or delayed in the prosecution or completion or its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its ov,,n fault or neglect, including but not restricted to acts of God or of public enemy, ,-., a,..,s of eovernment or of the O,AN=R, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall noti~ OWNER in writing within five (5) working days after cement of such delay, stating the cause or causes thereof, or be deemed to have waived any -'", · ;,~h~ which CONSULTANT may have had to request a time ex-tensi~__..%..~;~..[..C. ............ .,,_ I ,~c. / 7 4.4. No inleFrupt'on, interference, inefficiency, suspension or delay in the commencement or progress of CONSUL. TANT's se~'ices from any cause whatsoever, including those fo;" ,,vhich OWNER may be respons b e in ',vh-,'-. u,~ or in part shall relieve CONSULTANT of "- dui,, ' I',~ ,., tO perform cr c,~,.,e rise to any right to damages or additional compensation from O'.'.'NER. CONSULTANT's sole remedy against OVVNER ;,,,ill be the right to seek an extension of ti,me to its ~ ~.' s,.,,e._.~e. This paragraph shall expressly apply to claims for early completion, as v.'ei! as ,=,e completion. Provided however, if throucjh n~ ,a.,It or n:_,: .... :,.: CONSULTANT, the services to be provided hereunder have not been completed ','.'~thin two ca,~,,..,=r years of a Notice to Pro:;.eed, lhe CONSUL I/-.,N I s compensation may k~ ~- equi:ably adjusted, with respect to those services that have not yet been performed, to reflect the ........ : ........ . .-....,NSULTANT after expiration of the r',','3 ~,ear period. 4.5. Snou'd ,h= C.-.,,',S ,... ,-v, ~ ,=~ to commence, provide, perform or complete an,;.' of t~'~e DrO, ,~,~ ' - . ~- =s ..... ,,**~:,., a t~meiy an~ reasonabIe manner, in addition to an,,, other riahts o," remedies availabie to the O ..... ,-, hereunder the OWNER at its sole ' -"' ' dlscr~d3,'3 and option ,may withhold any and all payments due and owing to the CONSULTANT until sut. h time as the CONSULTANT resumes pe,~ormance of its obligations hereunder in such a manner so as to reassnabh,,establish to the OVVNER's -., : , · s¢,.s,ac.on that the CONSULTANT's pedormance iS or "::' ' '.,,,; sno'-t;v ~=. back cn ~,'-' *,"u!e ARTICLE FIVE COMPENSATION 5.1. The COUNTY ,,,,,iii sompensate the CONSULTANT for the services pedormed on each Work Order in accordance with a negotiated lump sum, cost plus fixed fee. or established hour!vr~,=aspr,ovidedinScheduteA~,, ~-'~ ~ -, 5.2. Subcontractualse~,ices, if an),, shall be invoiced by the CONSULTANT a~ the ac~ual fees paid by' the CONSULTANT. 5.3. Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT as 5.3. i. Expenses of transportation and ih.,ing when traveling in connection with each VVork Order, except for local travel v.,,ithin Collier or Lee Coun*~s as provided in 112.061 Florida Statutes, and f~s paid for securing a,oproval of authorities '-.- , jurisdiction over the Work Or,..vr. 5.3.2. Expenses of r-''-~, ~ ',.~,; , ~ -,,....r,..,au....,,ons. pos,ag~, computer, telephone, facsimile, and the like, and handling of Dra,,'.,ings and Specifications including duplicaIe sets at the completion of eaci~ Wo;'k Order for the County's reviev,, and approval. 5.3.3. Expense of overtime work requiring higher than re~cuiar rates, ,,',,hen authorized by the Count,,,. 5.3.4. Expens~ of models fo," the County's use. 5.4. Total compensation for all services and expenses shall not exceed the limit listed upon each Work Order without written approval. 5.5. Total initial compensation for a!l ."' ,' ,--.,,-- s~n,~c~o and expenses shall not exceed S90.000 per Work Order and total contract limit shall not exceed S500,000. 5.6, Payments for Basic Services, Additional Basic Services, Subcontractual Services, and Reimbursable Expenses as defined in Section V, shall be made upon ,,~ ..:., .-,."'- p r t~..~.a.~,;~..,~ f... ~ ~ _--, CONSULTANT's County-approved itemized invoice, i ~''~' ~'~ '''''~') '-~) I 5.7. Records of Reimbursable ~', .... ~ and Expenses pertaining to ,Additional Basic ~...p.~ ,~ ~ . S .....=~ on the Work Order shall be kept on a generally recognized accounting basis and shall be ava !able and provided to the Count,.,, with submittal of invoices. ARTICLE SIX O,,;I",~.:R:HIP OF DOCUMENTS 6.1. Upon completion or termination of this .Agreement, all records, docu ,:, ' ~ , m.~n~s, tracincs, p,ans. , ~. ._, ,...o, ,p,,~r assisted desicn or d,a,~,n~ disks ~ other technical data, other than working F.a::e:s. prepared or developed bv CONSULTANT under this Agreement sha!l be deii.'ered t::) and :e:.:me the properly of OWNER. CONSULTANT. at its ov;nexpense, may retain copies for its fi!es and internal use. OWNER agrees lo indemnify and hold harmless CONSULTANT ,,',,i~h respe,:t to any claim, loss or damage, including a~orneys fees incurred by CO;';SL LTANT due ,,:~ the OWNER's use of said records, documents, tracings. plans, specifications, maps, evaluations, reports, computer disks and other technical data on some ,.o[ner work unless such users authorized by CONSULTANT. O;vneracknowtedgesthat the Consultant's work ur, der this Agreement produces instruments of professional services, not products. · ,1 n respe,"' ' · ~, to and in consideration for the indemnification provided by OWNER .in paragraphs 6.1 above. 2ONSULTA.NT agrees to pay to OWNER $10.00, the sufficiency and ~.~, rec~L.;~ o,~which ~s ackno,vledged through the signing of this Agreement. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT ,,,',,ill keep adequate records and supposing documentation which concern r~,t_c, its services hereunder. I ne records and documentation will be retained by CONSULTANT for a minimum of five (5) years from the date of termination of this Agreement or the date the work is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall have the right to audit, inspect and copy all documentation as often as they . ~"~. "~ ~ ' during the five (5) year period noted above; provided, however, such aclivity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. The CONSULTANT in consideration of $10.00, the sufficiency and receipt of whit_.h is a,..I.,no,,,,_c..,_d through the signing of this Agreement shall protect, defend, indemnify and hold OWNER and h~ officers, employees and agents harmless from and against any and all l:sses. penalties, damages, professional fees, including attorney fees and all costs of litigation and judgments arising out of any willful misconduct or negligent act, error or omission of the CONSULTANT its Subconsul~ants, Sub:o ..... , n,,a,.to, o agents or employees, arising out of o; incidental to ,h_ performance of this Agreement or work performed thereunder. The consideration exchanged and the prsvis~ons of this paragraph shall also pertain to an',.' claims brought acainst ~,-, ,m., ..... --, .,~ _ t,,~ ,...,,,,~:m ~ O:'T~,:ers, employees or agents by any employee of the named CONSULTANT. o:' ar':)' Su3~o,,~,,=n, or Subcontractor or anyone directly or ; '~' employed by an';, oft ......~. The CONSULTANT'S obligation under this paragraph shall not be Iimited in any wav by the agreed upon contract price as shown in this Agr_~m~nt or the CONSULTANT'S limit of, or lack of, sufficient insurance protection. 8.2. CONSULTANT acknowledges that the general conditions of any construction contra:t that CONSULTANT creates in performance of a Work Order shall include language, satisfactory, to the OWNER's a~orney, in which the contractor agrees to hold harmless and to defend OWNER, its agents and employees from all suits and actions, including attorney's fees, and alt costs of litigation ~ and iudgments of any name and description arising out of or incidental to the pedormance of the construction contract or work performed thereunder. ARTICLE NINE INSURANCE o 1 Du':-~ '~'= ~if= of the ,A,=,..m_nt (and until final acceptance by Ov/ner for work pedormed under an,.' ,..,:, Order issued by Owner) the CONSULTANT shall provide, pa.,,, for. maintain, v.'ith ~..,,.,,.=nies satisfactory to the OWNER. the type and amounts of insurance described herein and or, Exhibit -' Ail insurance shall ~-- ,..= from responsibl", ..-~.-,~= ~,,,,, ~ com~ .... S author:,ze~ :t.. ,:a business in the State of Florida and/or responsible risk retention group insurance companies registered ,"' ~/,,n the State of Florida. Promptly after writlen Notice of Award is is~.,,~'~ bv '~'~ .... ,,,--. OWNER '~-~ ,...ov~,a,~s and limits required must be ,~ insurance ,'- =- e,.,id~ ~- ,~. ....... ~=~ Insurance or, forms which are a~.,..ep,~._,,e OWNER.' ~ne C=,.,,,.¢,~ must ~e personally, manuaI!y signed by' the Authorized ,Repres ......... : th= ' = ,,=,,, == ,., , - ~sura~ce cs.-..z,a.ny/companies shov/n on the Cedificate ,,','i~h proof that he.r'she is an a' ';" ..... ': .... ~='"-',,=.., In addition, o :~. ' , c.rt~,~eo, true and exact copies of all insurance p~hcies re::uired shall be r_,r:,vided to the OWNER, on a timely basis, if required by th= O'¢,'NER These Certificates ~ · ¢,,- policies shall contain provisions that thirty (30) days v/ritIen notice b'/ registered or certifie~ mail shall be given to the OWNER of any cancellation, intent not to renev,,, or reduction in the policies' coverages, except in the application of the Aggregate Limits Pro','isbns. In the e,/ent of a reduction in the Aggregate Limits of any policy the CONSULTAI.,,'T sha!l immediate!..,, take steps to have the Aggregate Limit reinstated ~o the full '~ ' ~=,m,,,=,, under such poi,,...;,. All~nsurance coverages of the CONSULTANT shall be primary to any insurance or self-insu.'ance program carried by the OWNER applicable to the Work. 9.2. Th ,- '-, ' ,-, .- e a~c~p,anc~ by the O//'VN,--R of any Certificate of Insurance evidencing the insurance coverages and limits required in this *'-, ,:,= -nt does not constitut3 approval or agreement bi' · the O'¢,/NFR that the insurance requirements have been met or that the insurance policies shown on the Certificates of Insurance are in compliance with the requirements of this Agreement. ,4,1 J 9.3. No work shall commence unless and until the required Certificates of Insurance are r~c_~, vd and the written ~,i¢,-, to Pr,:'.,:eed is issued to the CONSULTANT by the OWNER. 9.4. Promptly after wri:ien Notice cf Award is issued by the OWNER and prior to approving any work CONSULTANT shall procure and maintain insurance of the types and to the limits specified in Schedule B entitled "insurance Coveraa,~" which is atlached hereto and ._~u~,~ each of its subconsul~n;s and subcontra-:D-s to ....... ,,.:.,,on of that subconsultant's or subcontractcr's insurance of the types and t:; the cT, rs S;:ecified in Schedule B, unless such insurance requirement fo: ,n_ su~.consulta,'-,t c: subcontractor is expressly waived in writing bv the OWNER. Said ',,a/,,_, shall ~' be ',,,l~hheld upon CONSULTANT representin,: in writing to OWNER that CONDJ..'i'ANT's existing coverage includes and covers the subconsultants and sub:)ntraclors f:: which a waiver is sought, and that such coveraee is in conformance with the h, pes and I;,"r.i:s of insurance specified in Schedule B. All insurance p:,lic, ies ,~-- . o,,,.:, t'~an the Professional Liability, Worker's Compensation and EmF_,to':'ers po!icies, obtained by CONSULTANT to meet the requirements of this Agreerne.nt name OWNER as an ad.z;'; - ,,,on=l ins;..:-ed as to the operations of the CONSULTANT unde- thcs Agreement and the Con.crest Do:u,,'-'",e::',s and shall contain severability of interests provisions. 9.5. If any insurance provided purst,'ant to this Agreement expires prior to the completion and final acceptance by Owner of any' works, performed hereunder, renewal Certificates of Insurance and, if requested by Owner, certified, true copies of the renewal policies shall be furnished by CONSULTANT thidy (30! days prior to the date of expiration. 9.6. Should at any time the CONSULTANT not maintain the insurance coverages required in this Agreement, the OWNER ma),, cancel this Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages )urchased. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or com~~i~.~"~t;'-'T~, I 0t:i 1 3 The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of its ri.qhts under this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any o,h~r person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything contained herein be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may othe~',,ise exist without regard to this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment under any Work Order shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the work, except those previously made in v,,riting and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be a waiver of any of OWNER's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT sh_~ll be considered in material default of'~h,s; ,Agreement and such ce:_.:' ' "',, ,,;,ill be co'ts:""--~-d caus~ fo~ OWNER to -- '"'~':~ ,.. ...... .... tu,m~,,~,,..: this Agreement, in whole or in part, as set for"~h m this section, for any of the following reasons: (a) failure to begin work under the Agreement v,,'ithin the times specified under the Notice(s) to Proceed, or (b) failure to prc.:~"y and tim"'~v pedorm the s=~ cvs to be provided hereunder or as directed by OWNER. or _ ' ~ CON.U_, -,,,, bankruptcy or insol',,'enc~ or a c, eneral assignment for ,h_ benefit of creditors by '~ ~' '" - · , e._. or by an,,' of CONSL!L'-ANT's princiaais, officers or directors, or (dj failure to '-'"" or,..,,,a,,,...~.._., ..... ns cr olher c. 3des of conduct, or (e) failure to perform or abide ~,,' the :-~' .":"~ or spirit of this .Agreement. or(f) fsr any other just cause. The OWNER may sotermina:e Agreement. in '.,,,hole or .n sa,"1, by gMng the CONSUL'rANT seven (7) calendar days .... '"--~ nodc... 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 ab:'.e, i: is determined for any reason that CONSULTANT ,,','as not in default, or that its default ','.'as excusable, or that OWNER othe~vise ,,','as not entitled to the remedy against CONSULTA,';T provided for in paragraph 12.1, then the notice of termination given pursuant to para_stain shall be deemed to be t-~e notice of termination provided for in paragraph 12.3 ~e!..n,,,, an: coNSULTANT's remedies against OWNER shall be the same as and limited to those CONSULTANT under paragraph 12.3 below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in pa,t,,,..~.,,~"'~..:'t cause upon seven (7) calendar days written notice to CONSULTANT. In the event of su:h termination for convenience, CONSULTANT's recoveG' against OWNER shall be limited t~ t."'.at ]6 portion of the fee earned through the date of termination, together with any retainage withheld and an'.,,' ccsts reason-ably incurred by CONSULTANT that are directly a~ributab!e to the tem'~'inati3a, but CONSULTANT shall not be entitled to any other or further recovery against OV,,'NER, ~:,lud~ng h ' , ,..u, not limited to, anticipated fees or profits on work not required to be performed. 12.4 UDo,q ..... ' . ,,n_ CONSULTANT shall deliver to the OV',,'r4ER all ori3;n¢i records, documents, drawings, models, and other material set forlh and described Agreement. in this 12.5. The O\',,',NER shal: have the power to suspend all or anv portions of the se,'",,'~ces provided by CONSULTANT hereunder upon giving CONSULTANT tv,'o (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to 1,~ scnedu'~ ' ,~ ~n ac. cordance with the procedures set foP, h in Article Four herein. ARTICLE THIRTEEN TP-,UTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, ir~dividual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 1"/ 13.2. In accordance ,,vith provisions of Section 287.055, (5)(a). Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached heroic and incorporated herein as Schedule C, stating that ,,rage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto sh,~:i adjusted t3 exclude an':,, s',gniflcant sums by which the OWNER determines the Agreement ',vas increased due to in~ccurate, incompiete, or non-current ,,','age rates and other factual unit costs. All such adlustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. COI',;SULTANT represents that it presently has no interest and shall acquire no interest. either direct or indirect, which would conflict in any manner with the peflormance of ser','ices required hereunder. CONSULTANT further represents that no persons having an.,,' such interest shall be employed to perform those services. ARTICLE FIFTEEN rvlODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon the par'ties unless in v,'riting and executed by the !::)arty or parties intended to be bound by it. IiCI 'G. ,,27 ._.-- ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. Ail notices reqJ~red or made pursuant lo this Agreement lo be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand or by United States P,..s,.-,I Sem'~ce D..par,,,,.-:n,. first class mail service, postage prepaid, return --',-='. ' r .... requeste~. = ~ ~-.=-.~o ' ,n~ ,ohov,,,,ng OVVNER's address of record: ..... ~..a tO" = t , . Board of County Commissioners, Collier County Florida Transpor'tation Services Department .'--,301 Tamiami Trail East Naples, FI. 33962 Attention: Mr. EdKant, Director 16.2. All notices required or made pursuant to this Agreement to be given by the OWNE,:R to the CONSULTANT shall be made ~n .... ....... ~ and shall be delivered by hand or by the United States Postal Service De...sartme.n!. first class mail service postaoe prepaid, return receipt addressed to ,h_ following CONSULTANT's address of record' David Plummet & Associates 1531 Hendry Street Fort Myers. Florida 33901 Attention: MarkJ. Gillis, Senior Vice President 16.3. -" = ,'-~,h_r par'fy may change its address of record by written notice to the other party g~ven in accordance with requ' ' ~remen~s of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the ~est interest of assume Iov,/ards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification. ,,vaiver. suspension or termination of the ,Agreement or cf ar,' terms ,, ,vr=.., s, ,..--,d impair the r.?ts or liabilities of either par'ry. 17.3. This A~, ~,.: "'"":-'~ "'n', :s "-'-',,~L assig~-',,¢3,_,'= '~a ','.'hole or in pad. by CONSULTANT v..,ithsut the $."~or written **:~ ' co .... n, of OV,,'NER. 17.4. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a mo~'ification of the terms of this Agreement. 17.5. The headincs of "= ~ ,,~ Articles. Schedules. Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Adicles. Schedules, Pads and A~,achments. 17.6. This ,A,..,r~vm~n,. i,nitially consisting of 26 continuously numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement behveen the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 20 ARTICLE EIGHTEEN APPLICABLE LAW lb.1 U,i;ess ""~ '" ',-"' , · ~,n_,,-,,,~s~ specified, this Agreement shall be <:]overned by' the laws, rules, and re.au,~,~o,,~ 3fthe ~ta':'ofFIorida and by the laws, rules and regulations oft~e Unlte v.,'hen provicing services funded by the United States government. Any suit cr bv. either F-'-.,"tv t3 this .~":--m:-,<.....,,~_ ... a.q.~n.),_ ~' "' the other p~r't,y reiating to or ar!sing out of '"':-,,.._-. Aareement must be brou,jr,, ~n t,'-,e appropriate Fionda s,a,e court in Collier CoL:nty, Florida. IN VViTNESS ',^/u===~- '~-- --,, ........ ..,r, ,,: .:,a~ies her=,o have executed this Professional A~,r~_m~n, for :',"'f='~-: ..... '"'~ , ,-., ~o,.,,,~l T :","' ~"" ' .... ~-~n_~nna Consultant Services the Cay and y.'":r first above. ATTEST: Dwight E. =__.,:'a.:k, Clerk By:. Date: Approved as to form and legal "--~'- ,' Assi~nt County Attorney Witnessed: (CORPORATE SEAL) BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITIC,.-.._ SUBDIVISION OF THE STATE OF FLORIDA B'/: Barbara B. Berry, Chairman (Name of Corporation) David Plu~& Associa~.=~ 1531 Henley $~. Ft. MygJds, FZ. 33901 (Type r, amS~'-' Dav~' S. (Title): 2=es SCttEDULE A I)AVID PLL:.~I~IER & ASSOCIATES, INC. Consultant's Employee ltourlv Rate Schedule (Jul.,,', 1998) Houri:' Rate ~) ..",dminis:r,:ti,,c ]"rinci?:fl $ 150.00 Prim:ip:,l Senior t"roject Nlanager S 110.ClO Pro.icc~ N'a:'ia.:-cr $ 100.(.!0 Project En'.:inecr S c<).(0 ProiectPlanner S 90.00 Engineer S Plann,,:: S 80.00 CADD .',lanager S 7(/.(10 (.,ADD Technician S Tra f.~'i, c 'F~.'::i",n i c i an S 50.00 ClericaI S.-,.' <.00 Il H,',.::', r.n: r':::,':: o'.c:N::.2'2 fa:rs z:~d opcratm.c m&,g;n END OF SCHEDULE A ! b~l 13i." I ~. ~.~/ ' · ,,._l SCHEDULE t3 INSURANCE '"" ~ ,...OV,_ RAGE (i) The arno:,'",ts and types of insurance coverage shall conform to the fol~.")..,'ing minimum ~-, ;,-: r~.,u ........ _, v,'ith the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Insurance ~" be bv the ,"",n~' ...... r Consultant.,' Professional during the term of this Agreement for all ~,nplo.,, engaged in the work under this Agreement in accordance with the laws of the State of Florida. l ne a.,mcunts o; such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Emp:o~ers' L;ability (check one) X SiO0.000 Each Accident 5500.000 Disease Aggregate $1'70.000 Disease Each Employee (2/ The insurance company shall ,,valve its Rights of Subrogation against the Ov,'ner and the po!icy shall be so endorsed. COMMERCIAL GENERAL LIABILITY Insurance shall be maintained by the Contractor,'Consultanb'Professional. Coverage ,,',,ill include, but not be limited to, Bodily Iniury' Property Damage. Personal Iniury. Contractual Liability for this Agreement, Independent Cont'actors, Broad Form Property Damage including Completed Operations and Products and Com¢,le'.e..d Operat~3?s Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance 25 I 0dl 13 li'.' ,, by the Owner of the work under this Agreement. f° fohov, mg. (check one) General Aggregate Produ'.:',s./Completed Operations ~-.,ggrega,e Personal and Adve~isin,g Iniun., Each Occurrence Fire Damage Limits of Liability shall not be less °"'~ ' S1,000,000 Sl ,000,000 S1,000,000 Sl ,000,000 $ 5O,OOO (2) The General Aggregate Limit shall apply separately to this Proje:t and the shall be endorsed using the following endorsement wording. "This endorsement mcdifies insurance provide.d under the :~ ..... ' ,,..l.,,,,na' Commercial General Liability Cove:a~ae Pa,~. General Ac~c _ ,, _.recate Limit under L,,. iTS OF INSURANCE applies separately to each of projects away from premises owned b~,' or rented to you." (3) If the General Liability insurance required herein is issued or renewed on a made" basis, as opossed to '~-: "- ...... :" . . retr,.,actlve date for coverage shall later than the commen:eme,--, .... ~.,- of the Proiect and shall provide that in the "' cancellatioa or non-rene'.val ,h~ : ' = ~x,~,,..,=~ Reporting Period (Discovery Period) for claims be no less than three ($) years. (4) The Ov,'ner shall be named as an Additional Insured and the policy shall be ""~-.-~-~ that such ,'- , ~- ,-,,.-, ,..o.,~, a¢~ shall be prima,'3, to any similar coverage carried by the Owne,'. AUTOMOBILE LIABILITY INSURANCE shall be maintained by the Contractor / Consultant ,' Professional for the o,,vne.'ship, maintenance or use of any owned, non-owned or hired vehi::e with limits of not less than' (check one) ~X Bodily Injury & Property Damage - S 500,000 PROFESSIONAL LIABILITY INSURANCE shall be maintained by the Consultant'Professional to insure its leoal liability for claims arising out of the performance of professional ,;~.~ ~ sen. .... s underO this A,""=-"--=~t. Such insurance shall have limits of not less than X Sl.000.O00 each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibi!ity of t,he Consultan?rofessional and shall not be greater than S50,000 each claim. (3) The Consultant Pro,ess~onal shall continue this coverage for this Project for a of not I"~s than ."':,,~ -~ ,,,~ (5) years follov,,ing completion and acceptance of the Project by the O~';ner. END OF SCHEDULE B. 25 OCT ~3~:..' I i ~. ,.ff~ , I ^c()l,,i). CERTIFICATE OF INSURANCE.- .... :,~ ll:ott McKiev,r ~ Stowe. DOES NOT AMEt;D. EXTENDOR~LTcRTH~ COV~---~O Z22 Ponce do Le~n ~lvd. POLICIES BELOW. 4th FI oor COMPANIES AFFORDING COVF~AG~ FL 33 134 Leon Blvd, 33134 Coral Gables, 305-446-71;0 1750 Ponce de Coral Gables FL ADMIRAL INSURANCE CO'~,P~(,' c/o Stewart Smith Soutne:st, DLT[' U U ':~.,' ," , OlT[ AgTPLC3238 RETRD BATE: 04-01-78 10/22/g7 10122/98 ,$ .$ Sl,0OO,OOO.ea.claim $1,000,OOO,Aggrega: DED: $25.000 ue?c Im for Traffic Engineering Consultant CANCELLATION CERTIFiCL, TE HOLDER LIER COUNTY GOVEP~NMENT SUPPORT SERVICES DIVtSICN Purchas lng Oepartment 3301 Tamiami Trail East NaDle~ , FI . 34112. CERTIFICATE Eft;ell, McK~ever & Stowe, Inc 2Z~2 Ponce de Leon Blvd. 4th Floor Coral Gables, FL 33134 305-446-7153 David Plummet & $$sociatex,tnc 1750 Ponce de Leon Bird Coral Gables FL 33134 OF INSURANCE ; ;,-:..:: TN!$ CERTir~CATE'"'IS'iSSUED A5 A M~TTER OF ~N~O~,~,,~ ~- -' CONFERS NO RIGHTS UPON TH~ C~Ti:~;~I~ HOLC~R TH;S C~:;;I;ATE DOES NOT AMEND, EXTEND OR ALT~R TH~ COVERAGE &~CO~2~D ~ TN~ POLICIES B~LOW. COMPANIES AFFORDING COVERAG= FLORIDA RETAIL FEDERATION COVERAGES iN.::::~:.~-.=',', '-:-'-".:',=-".. =::;:~'.'~','.?E:'.'=:=~'.=' ~',=: '-';' 2:".':=:' ::= ?-'~:7='2.'.'=-!.' v .... :.: :. _ .'.-.- -- C~:::::'-"'.":' ?: £:.'-': ::'.':' :~:'-''. '-'-- ',~_:-".:E '-:::::~: .=. '-:. :::.:;~ :.~:::E,':: -~:£.'."= ~.'3.'-':' ': :.. '-~ '£:','.: E~:.~ :'.-; ~'.: :2'.: ' :',~ :: "-:"::- ::~ .t.''-: ~-:,v','.'-' · -.' .~' .=~-:',:-:~=.:: ~, :; :, 2.-'~,'--' LTi~ T Y~'£ O~' ~$;~;~N:[ POLl: v 05230512203C0 ENGINEE~S/AR;HITE~TS RE: RFP f~6-ZG;3 - "A~nual ~ontract Se,vice~' for Traff c Engineer lng Consultant CERTIF:C,(,TE HOLDER COLLIER COUNTY GOVERNMENT SUPPORT SERVICES DIVISION Purchasing Department 3301Tamiami Trail East Naples, FI, 34112 ACORD2~$(71~0) CANCELLATION LE:T.B~T ;z,.U:E TO ~.~IL SUC~ NDT~ZE SH~LL r~OSE ND ~BL~G~T:~N ~: 1l'/t ODt'CER CERTIFICATE OF LIABILITY INSURANCE "':' '"':':'" Tills CERTIFIC.%TE DS ISSi'ED AS A 51XTIER (.IFl\~k,Rxl~Ilk~N ONLY AND CONFERS NO RIGIITS !.'i"OX ]]1£ C£KTI.rlC~IE OSWALD .-R-_~-?E A.'.<D CC.X~32<Y.~'"~,,'~ IIOLDER. Tills CERTIrlC.*TE POES NOt ..oIrxP. £XTEXU~. xi. TER THE ('OVER&GE AFFORDED IW TllE POt ICIE_',B£I.Ou FO."-,.- >:".'ERS ?'L 22)0',"-~i':-c cc~ .... ~ ~? F.=.UL .='=:-'.E & :,'_=.:Z::::-~ COVER.~GES INDICATED NO~i:HS: x',:Yt',G ~NY NlQ[ IRE'dENT TERM OR CONDITION or qx5 CONTR.xCT OR OTHER DOCL"dENT [ Gr'4EIL~d. LL,LllLLJT~ ' X COMMERCI~L':'i'.'=: :l . C;.AI',:S M ~D'.' .'. .O~A %EF,'S & CO\?~.':--:; 5 taCT 'Z AL'TO',I OBIL£ "'~, ~.x~. ~.LTO X :~m[o ,,UTES "NO%.O',A \r_D 7,/2 2 YE COx!,:;:',£D S:',GL-: L:V;" BO;";L Y I\lL R~ G.O,A(;£ LI ~.IlILIT3 C, 7H[v TH,~x ',L77 EXCESS LI.,,BILhT'~ X : L'XIB*.ELL,~ FDZ,.I OTH['R TH~.', L ~4~tELL, F7,v',! £M PLC)'*"[ I~ $' LI A B :IF~J' THE PROPRIETOR PART\ERS '[XECL'T?, E OFFICERS &R£ v,c M^IL. TORY LIMITS £i. EqCH ,~CCIDEN7 EL D:SE^SE.POLICY tlx1.'7 EL D!SE~Sr E~, Ex!?t?':E[ '~ D£SCI~t"TIO~ OF O~TIONSL~ ~T1ONS %TIHCI~S S~C~L CERTiFiCATE HDLDER iS ADD'_..~..,=~ ....... -.~.:"-::::~' ....... FSR GE::::~L TO ' '"~-~' iN~u..:~ S C?EPJ~T!ONc L-ASiLITY WiTH CKRTIFICATE HOLDER COLLIER COL?:TY 3301 E ACORD 25-S ':.' F_% i L FL 2-'.!12 CANCELLATION S'}IO~.I.D ASS' OF 'nI~ ABO',T D£SCRIB£D POL1C~S BE CA.\CELLED B£1rORI ,"qrr [X~t~TIOX DA'IT TIIEREOF, TII~ INS'LING COM}'",.\'5 V~ILL E?','DE^",OR TOI~,lL ~ 0 D%Y$ W'KIITEN NOTICE TO TIIZ CERTIT'I~'AT[ i'IOLDER N.',-M£D._. TO TII~F'I. %./6 ' ' ' / · . SCHEDULE C TRUTH IN NEGOTIATION CERTIFICATE Consul,ants Competitive Neaotiation Act, Sec, t~an In ~.-,~- -"' with the ' ' C~. ~, ,...-,, ~. ~.-. ~ and other factual un;t costs supporting the compensation fcr the Prcfessianal Co,.s.,,~n Services of the CONSULTANT to be prc,,'~c, ed unCe: ,.,= , ,~,=---',~,,~.. Engineering -, .,"-, l Services Acre~.ment are accurate, complete and current as of the tim, e of con~rac Revised: JUNE 3, 1997 AC 26 OCT 13 AGREEMENT FOR PROFESSIONAL TRAFFIC ENGINEERING CONSULTANT SERVICES THIS AGREEMENT is made and entered into this ~ day of 19 .., by and beb, veen the Board of County Commissioners for Collier Count,,,,, Florida, a political subdivision of the State of Florida and (hereinafter referred to as the "OWNER") and Wilson, Miller. Barton & Peek, Inc. a Florida Corporation. authorized to do business in the State of Florida, whose business a,.dress is 3200 Bailey Lane~_S. uite 200. Naoles, Florida 3z105-8507 (hereinafter referred to as the "CONSULTANT"). WlTN E S SETH: WHEREAS, the OWNER desires to obtain the professional traffic engineering consultant services of the CONSULTANT concerning work and/or the improvement of areas within the operational jurisdiction of CoIiier County, such services to be performed by th.= CONSULTANT )ursuant to this Agreement and with Work Orders to be issued by OWNER subsequent to execotidn of this Agreement; and in accordance with the conditions that each Work Order shall not exceed S90,000 and that total initial compensation for all Work Orders issued under this Agreement shall not exceed S500,000. WHEREAS, the CONSULTANT has submitted a proposal for provision of thcse services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required by the OWNER. NOW, THEREFORE, in consideration of the promises and provisions contained herein, the parties hereto agree as follows: the mutual covenants and ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional traffic engineering sen,'ices in alt.t-,hoses of _--,nv, Work Order to which this Agreement applies. c3nsulta.% 1.2. The Basic Services to be performed by CONSULTANT hereunder are those set fo,lh in this Agreement and Work Orders prepared and issued by the OWNER and executed by the parties hereto subsequent and pursuant to execution of the Agreement. The total compensation to be paid CONSULTANT by the OWNER for all Basic Sen, ices is set fo~h in Article r~ve and Schedule A. Co,,sul,,-,nt s Employee Hourly Rate Schedul"" which is hereto and ir',cs:'porated herein. 1.3. The CO~xSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Coliier County, Florida, includia~3, but nat limited to, ali licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, ,,,,,hen the se~ices to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified person,nel to provide such services. 1.5. CONSULTANT agrees to employ and designate a Work Manager in writing, within five (5) calendar days after receiving its Notice to Proceed under an executed Work Order. The Work Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided ! OCT 13 ;'.L,: and performed under this Agreement and a Work Order. Within five (5) calendar days from ",n_ Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to "~",,,~ O\¥NER a written statement, executed by the proper officers of the CONSULTANT, acknowledging that the Work Manager under the Work Order shall have full authority to bind and obligate the CONSULTANT on all matters arising out of or relating ta su:h Work Order and this Agreement. The CONSULTANT agrees that the Work Manager she!! devote where/er time ~s required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Work Manager shall be subject to the prior approval and acceptance of OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the OWNE,R. t3 prcmptly remove and replace the Work Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and pedorm services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without cause. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the t.vpe of professional services that will be required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of the conflict. ~. dl 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or or_,z.a,qi:ati,:.~, v,,ithout OWNER's prior written consent, or unless incident to the proper performance of th._. CONSULTANT's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public ir',fo;'rr",,ation concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this parag,'aph. 1.9. tf required pursuant t3 a W'ork Order, CONSULTANT agrees to provide to OWNER professional evaluations of the OWNER'S work budget. The evaluations and opinions shall be delivered to OWNER in accordance with the following schedule: (a) The professional evaluations of the OWNER's work budget shall be delivered with the report to be furnished by CONSULTANT as part of the Scope of Services. 1.10. Evaluations of the OWNER'S budget, prepared by the CONSULTANT represent the CONSULTANT'S best judgment as .an experienced and qualified professional tra,~c engineering consultant. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing bv OWNER. CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. These services ,,',/ill be paid for by OWNER as indicated in Ar'ticle Five and Schedule A. The following sen,ices shall be Additional Basic Services: 2,1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances. 2.2. Services resulting from significant changes in the generalsco2e, extent orcha:a:terofIhe Project or its design including, but not limited to, changes in size, complexity, schedule or c~,aracter of construction; and revising previously accepted studies, repons, c_;es!cn documents or Contract Documents :','hen such revisions are required by changes in lav,,s, ru;es. regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Preparation and submission of information to and necessary consultations with the Collier Cou.nty.Trans,2,3rlation Depam-nent, Florida Department of Environmental Protection. Fior;.ca Department of Transportation, South Florida Water Management District, U.S. Army Corps of Engineers or other appropriate regulatory agencies, in order to obtain necessao, permits or approvals for construction of the Proiect. 2.4 Providing renderings or models for OWNER's use. 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process censing 2.6. FUrnishing services of independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. 2.7. Se~,ices during out-of-tov,,n travel required of CONSULTANT and directed by ,..,.,,~ '-m, other than visits to the Project site or OWNER's office or local travel as defined here;n. .... ,;--'-~*~, in connection with bid protests, rebidding or renegotiating contracts c.:-s'.-'.:' ::i3."',. mateda!s, equipment or servi:es, except as otherwise provided for herein. / 2.9. Providing any type of property surveys, aerial photography or related engineering ser,'::es ,:=:;~_~--~,~=~ for the transfer of interests in real property and field surveys for desimn_ purposes eng~r',eering su:-veys and staking to enable cent:actors to proceed with their work .ar'.,.d .:.r_':', Ct~',er 55ec;--.. :i~:l~ surve')'S. 2.10. Preparation of operating, maintenance and staffing manua!s, except provided for herein. as C,~:,,',.Se ,,n~ to serve or 2.11. Frepa'; -' serving as a CONSULTANT or witness for OWNER in any titicati:n, '"=,'lec_,a! = ~ '= ~-= in or o~ .... _ or administrative proceeding, involving the work (except for consultations v,'hich are included as part of the Basic Services to be provided herein). 2.12. ,Additional services rendered by CONSULTANTS not othe~vise provided for in this Agreement or not customarily furnished in accordance with generally accepted traffic engineering practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The Owner shall designate in writing a work coordinator to act as OWNER's representative with respect to the sen,,ices to be rendered under this Agreement and a particular Work Order (hereir, afier referred to as the "Work Coordinator"). The Work Coordinator shall have authority to transmit instructions, receive informaticn, interpret and define OWNER's pahcies and decisions with respect to CONSULTANT's services for the work. However. the Work Coordinator is not authorized to issue anv verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of rnadifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services: or (c) The arnount of compensation the OWNER is obligated or committed t3 pa.,,' the CONSULTANT. 3.2: The Work Coordinator shall: (b) (c) (d) (e) Review and make appropriate recommendations on all requests su..,m~,~d by the CONSULTANT for payment for services and v,,'ork provided and ?~,4,....~, ,ormvd'-' in acco'dance v,,ith this Agreement; Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, includina~ design ob~i"~'i,~,~s and constraints, space, capacity and performance requirements, flexibility and expandability and any' budgetary, limitations: Upon request from CONSULTANT, assist CONSULTANT by pla:lng at CONSULTANT's disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, spe:ifications, shop drawings, product literature, previous reports and any other data relative to design or construction of the Project Arrange for access to and make all provisions for CONSULTANT to enter the site to pedorm the services to be provided by CONSULTANT under this Agreement; and Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by-CONSULTANT- hereunder, i "' ~-- i C,~l , -~ ' 7 ' ~ ,) , .... 3.3. CONSULTANT acknowledges that access to any work site, to be arranged by OWNER for CONSULTANT, may be provided during times that are not the normal business hours of the CONSULTANT. O r~vn,~-o,-~.,,a or o,n=r proper'fy rights required for the v,'ork and for the costs" the costs of any required land surveys in connection v,,'ith such acquisition. ARTICLE FOUR TIME 4.1. The period of ~',:, ' '" .,_rv~c~ shall be from the date of execution of this Agreement through September .30. 2000 ar until such time as ail outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This Agreement mat, be renev,'ed for an additional two years, renev,,'able annually. parties. Renewal shall be agreed to, in writing, by both 4.2. 'Services to be rendered by CONSULTANT shall be commenced su~s~.,u_n, to the exe,oution of this Agreement upon written Notice to Proceed from OWNER for all or any designated po,ilion of the project established by a \Vork Order and shall be per'farmed and comp,=~_d in accordance with such Work Order. I~me is of the essence with respect to the performance of this Agreement. 4.3 Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of God or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the cause or causes thereof, or be deemed to have v,'aived any right which CONSULTANT may have had to request a time extensio'm .... , .-:..; 4.4. No interruption, interference, ineDciency, suspension or delay in the commencement cr progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whoie or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from O\",'N:__R. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as ,.,,'ell as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder have not been completed v.,ithin two calendar years of a Notice to Proceed, the CONSULTANT's compensation ma.,,' be equitably aSju'~ted, with respect to those sen,ices that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of the r.','a ~,ear period. 4.5. Should the CONSULTANT fail to commence, provide, perform or complete an,.,' of the services to be provided hereunder in a time!y and reasonable manner, in addition to an,.,' other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and alt payments due and ov,'ing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's pe~ormance is or ,,',,ill shortly be back on schedule. .. ARTICLE FIVE COMPENSATION 5.1. The COUNTY ,,',,ill compensate the CONSULTANT for the senzices performed on each ' ~ ed Work Order in accordance with a negotiated lump sum, cost plus fixed fee, or es,abt,sh hourly rate as provided in Schedule A attached hereto. 5.2. Subcontractualservices, ifany, shall be invoiced by the CONSULTANT at the actual fees paid by the CONSULTANT. 5.3. R~m~u...-:bl_""" ~"--, -"' 8,,,~,,p~no,s.-, ~-~ shall be invoiced for the expenditures incurred by the CONSULTANT as follows' ~.0.1 Expenses of transportation and living when traveling in connection w~th each Work Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, Florida Statutes, and fees paid for securing approval of authorities have jurisdiction over the Work Order. 5,3.2. Expenses of reproductions, postage and handling of Drawings and Specifications including duplicate sets at the completion of each Work Order for the County's reviev/and approval. 5.3.3. Exp_n.,~ of overtime work requiring higher than reaularra,~s,'~ ,,,.,hen " by the County. 5.3.4. Expense of models for the County's use. 5.4. Total compensation for all services and expenses shall not exceed the limit listed upon each Work Order without written approval. 5.5. Total initial compensation for all services and expenses shall not exceed S90.000 per Work Order and total contract limit shall not exceed S500,000. 5.6. Payments for Basic Services, Additional Basic Services, Subcontractual Services, and Reimbursable Expenses as defined in Section V, CONSULTANT's County-approved itemized invoice. ]0 shall be made upon pr,e. sentation of the ....... : 5.7. Records of Reimbursable Expenses and Expenses pertaining to .,-,,du~ ..... .~1 Services on the Work Order shall be kept ona generally recognized accounting basis andshall be available and provided to the County with submittal of invoices. ARTICLE SlX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tra.:ings, plans. specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical '-'~ ' c~,=. o,her than ,,vorkin~ capers, prepared or developed by CONSULTANT ~'"' '~' - Agreement s,,ad be delivered to s. nd become ,hr property of OWNER. CONSULTANT. at its _xp~ns~. may retain copies ~"', its files and internal use. OWNER agrees to indemnify and hold harmless CONSULTANT ,.,,':,th respect to any claim, Icss or damage, in.:luding attorneys fees incurred by CONSULTANT c:.:e to the OWNER's use of said records, documen:s. ,,a,..,ngs. . o,n_~ ;e :aC cata on plans, -~-'.- ~-,'~. ~..- ' sp_.~,..~,..,,,s, maps. eva!:.:ations, repo~,s, com~uter disks and ":- ~ .... : some other ;'.'ar~, u,,,~_~ such use is authorized by CONSULTANT. Owner a:kn:'...;e..d:es the Consul,an, s work under th~s ..--,3,~_m~a,~ produces instruments of pr~,~s_....,na,.'-,~= ~.,- products. 6.2. With,..s._~,'-~ ",.=~" to and in consideration for the indemnification provided by' O'.,'.'NER in paragraphs 6.1. above. CONSULTANT agrees to pa.,,' to OWNER S10.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement. ARTICLE SEVEN MAi.',,'TENANCE OF RECORDS 7.1. CONSULTANT ,,,,'ill keep adequate records and supporting documentation v,,hi:h c. oncern or reflect its services hereunder. The records and documentation will be retained by ,,-., .... m_nt or CONSULTANT for a minimum of five (5) years from the date of termination of this the date the work is completed, whichever is later. OWNER, or any duly authorized agents or representatives of O\~.'NER, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this, Agre~/Fr~.,)~ ,I during the five (5) year period noted above; provided, hov,,ever, such activity shall be ..-,..,4, only during normal business hours, .ARTICLE EIGHT INDEMNIFICATION 8.1. The CONSULTANT in consideration of al0.00, the sufficiency and receipt of which is acknowledge~ through the signing of this Agreements,,all protect, defend indemnifvand hold OWNER and its o,~cers, employees and agents harmless from and against any and ail losses, penalties, damages, pro,~.~s~a,,:l fees, including attorney fees and all costs of litigation and judgments arising out of any v,'il',ful misconduct or negligent act, error or omission of the CONSULTANT, its Sub~onsul,,-,. ,~, Subcontractors, agents or employees, arising out of or ther~un,~vr. The incidental to the performance cf th!s Agreement or v,,ork performed consideration exchanged and the ;ro',,isions of this paragraph shall also pertain to any claims brouaht -;~-' the O'.',,'NER its cfi~cers. ~mn ,'~,':~q agents ~ ag.~,,.~ _...,...~;~_~ or by any employee of tr',e CONSULTA;',;T. cr any Sub.consultant or Subcontractor, or anyone directly or indirectly employed by any of them. The CONSULTANT'S obli,Bation under this paragraph shall not be limited in an.':,' v,'ay by the agreed upon contract price as shov,,n in this ,Agreement or the pro~_~tlor~. CONSULTANT'S limitof, orlackof, sufficient insurance , '"'~' 8.2. CONSULTANT acknowledges that the general conditions of any construction contract that CONSULTANT creates in ped0rmance of a Work Order shall include language, satisfactory, to the OWNER's attorney, in v/hich the contractor agrees to hold harmless and to defend OWNER, its agents and employees from ali suits and actions, including attorney's fees. and al', c~sts of litigation and judgmen:s of any name and description arising out of or incidental to the performance of the construction contract or work pedormed thereunder. ARTICLE NINE INSURANCE 9.t. ~ Durina" ~ ': "--'~ _ ,nv life of the Agreement (and until final acceptance by Owner for ,.'.'c,::: under any Work Order issued b':,.' Owner) the CONSULTANT shall provide, :a'.~' for. and ,,,=,n,,--,m, v,'ith companies satisfactor7 to the OWNER, the type and amounts c? ~r. surant, e described herein and on Exhibit B. All insurance shall be fromr~spon='.b,~- ~' '.~ compa"'-,.:~s authorized to do business in the State of Florida and/or responsible risk retention group insurance companies registered with the State of Florida. Promptly after written Notice of Award is issued by the OWNER, the insurance coverages and limits required .... ,,~, ~'.~ evidenced by properly executed Certificates of Insurance on forms v,'hich are acce:,table OWNER. The Certificates must be personally, manuallys~gn~,.,'"' ~"~ by the Representatives of the insurance company/companies shown on ,n_ C.:, a,~,...~,= with proof that ,n=,_of. In addition, certified, tru: and exact cep~es of all he.,'she is an authorized representative" ~-'" ~ ' insurance poiicies required shall be provided to the OWN,.._R, on a dm:l~, basis, if recuJred by the OWNER. These Certificates and policies shall contain provisions that thi,'"tv i30) days -'"':~- ~ be ,,vri~en notice by registered or c=,,,,,=~ mail sha!t given to the OWNER of any :..a~--.-~i~':~'''' mtent not to renew, or reduction in t."',e policies' coverages, except in ,n_ application of ,ne "~ event reduction in the Aagrecate Limits of an;' poti:,,,. Aggregate Limits Provi'.fions. In ,n_ of a the CONSULTANT shall immediately take steps to have the Aggregate Limit reinstated to the full extent permitted under such policy. All.insurance coverages of the CONSUL-ANTshaIIbe primary to anv insurance or self-insurance program carried by the O\.VNER appli:ab:e t3 the Work. 9.2. The acceptance by the OWNER of any Certificate of Insurance evidencing the insurance coverages and limits required in this Agreement does not constitute approval or a.r__m~n,2 ---': ~ ' by the OWNER that the insurance requirements have been met or that the insurance p~li:ies shown on the Certificates of insurance are in compliance with the requirements of this Agreement. Ce~,l,h...,:,t~s cf insu:.2, n:,e 9.3. No work shall commence unless and until the required "' received and the written Notice to Proceed is issued to the CONSULTANT by the O,~ 9.4. Promptly after written Notice of Award is issued by the OWNER and prior to approving any work CONSULTAr',IT shall procure and maintain insurance of the types and to tho lin;its spv~,,~d in Schedule B entitled "insurance Coverage", which is attached hereto and ,,,~... part hereof. CONSULTANT shall require each of its subconsuitants and su~,csntractors ts procure and maintain, until the completion of that subconsultant's or subcontra:tcr's work. insurance of the types and to the limits specified in Schedule B, unless su:n ,"'~ ...... ' ,, .... ~,,.~ by th~ requirement for the subconsultant or subcontractor is expressly v,'an.,ed in .... '"'"' OWNER. Said waiver shall not be unreasonably withheld upon CONSULTANT res,es-nun- in v,,ritinc to O\VN:R that CONSULTANT's existing coverage includes and covers ca. ~ra.., ~ subconsul,an.s and subcontractors for v,,hich a v,,aiver is sought, and that such is in conformance with the types and limits of insurance specified in Schedule B. All liability Comp~nsauan and Employers' insurance policies, other than the Professional Liability, Worker's ~ '; . Liability policies, obtained by CONSULTANT to meet the requirements of this Agreement shall name OWNER as an a~ditional insured as to the operations of the CONSULTANT under this in~:;rests :rovisions. Agreement and the Contract Documents and shal! contain severabil~ty of 9.5. if any insurance provided pursuant to this Agreement expires prior to the completion and final acceptance by Owner of any works, pedormed hereunder, renewal Certificates of Insurance and. if requested by Owner, cer'tified, true copies of the renewal policies shall be furnished by CONSULTANT thirty (30) days prior to the date of expiration. 9.6. Should at any time the CONSULTANT not maintain the insurance coverages required in this Agreement, the OWNER may cancel this Agreement or at its sole discretian shall be authorized to purchase such coverages and charge the CONSULTANT for sush coverages purchased. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. I r.:,..i I 3 ,-. The decision of the OWNER to purchase such insurance coverages shall in no ;','ay be construed to be a waiver of its rights under this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be pedormed hereunder shall be pen'ormed by CONSULTAb;T's own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract ,,,~ .... or use of the sen,ices of any other person or firm by CONSULTANT, as independent consul:ant or otherwise, shall be subject to the prior written approval of the OWNER. No provisi.~n of this Agreement shall, however, be construed as constituting an agreement betv,'een the and ah.,,, such other person or firm. Nor shall anything contained herein be deemed to g,ve an)' b_!an,., such as such pa,~y or an.,,, third party any claim or right of action against the O~A~NE.R may oth=_r,,";~.=,~ exist without rec~ard_ to this Agreement. ARTICLE ELEVEN \,~AIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment under any Work Order shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or other,vise related to the work, except these previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be a waiver of any of OWNER's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION , c ' ~' defaultt~ 12.1. CONSULTANT .hah be considered in material default of this Agreement and s'..:~,, wilFbe'considere~ cause for OWNER to terminate this Agreement, in ,,,,,ho;e or in pa.% as fu,~her set fo,'-',h in this sectio.q, for any of the following reasons: (a) failure to begin work under the · ' t,~..: times .:,..~c~ .... d under tho r.~o,~cc(s) to Proceed, or (b) failure t3 properly Acr._,,,..nt v.'~thln , :, ~.~ and time!y perform the services to be provided hereunder or as directed by OWNER. or (c.) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or(f) for any other just cause, The OWNER may so terminate this Agreement. in ,.,.,hole or in part, by giving the CONSULTANT seven (7) calendar days v,'ritten 12,2..tf, after notice of termination of this Agreement as provided for in paragraph ;2.1 above, it is d:,_rmined for any reason that CONSULTANT ',,'vas not in default, or that its default ,.','as ~x,...us.~,~, or that OWNER otherv,,ise was not entitled to the remedy against CONSULTANT provide..fi for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3 be!ov,, and t,,~.-.- ~,q,..,, a ~d CONSULTANT's remedies aga:~nst OWNER shall be the same as and limited to ~"-~ -'""' '" CONSULTANT under paragraph i2.3 belov,,. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT's recovery against OWNER shall be limited to that 16 portion of the fee earned through the date of termination, together with any,--'=,ainac, e_ ~,',~,nn~;I..""' - ~ and an';.' costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against ON',N---R, including, but not limited to, anticipated fees or profits on work not required to be pedormed. 12.4 Upon = ' " . . t=rm~nadon, the CONSULTANT shall deliver to the OWNER all original papers, re?orals, documents, drawings, models, and other material set forth and described in this Agreement. 12.5. The OWNER shall have the power to suspend all or any portions of the sen, ices to be provided by CONSULTANT hereunder upon giving CONSULTANT tN'FO (2) calendar davs prior wFitten notice of such suspension. If all or any portion of the sen.,ices to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. .ARTICLE THIRTEEN TRUTH tN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT~. warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to soiicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay an.,,, person. company, corporation, individual or firm, other than a bona fide employee ,,'Forking solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 17 13.2. In accordance with provisions of Section 287.055, (5)('a}, Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Ce~ificate, "~' -''~ and ncorporated herein as Schedule C, stating that ,,',,'age rates and other factual unlt costs supporting the compensation are accurate, complete and current at the time of the .~g. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be ' - =- --,--' price adjusted to exclude any significant sums by which the OWNER determines the Agr= ...... ,,',,as nc. teased due to inaccurate, ~ncomplete, or non-current ,,,,,age rates and other fast'.:at unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.':1. '~ONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of sen'ices required hereunder. CONSULTANT further represents that no persons having an';' such interest shall be emplo~,'ed !o perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. Na modification or change in this Agr_,m~nt shall be valid or binding upon the pa~ies unless in writing and executed by the party or parties intended to be bound by it. ]$ ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD no,~c~s required or made pursuant to this Aareement to be civen by the CONSL;LTANT to the OWNER shall be in writing and shall be delivered by hand or by United States Pcs,~l S,,r';i"~, Department, first class mail se,vice, postage prepaid r=,urn re.:e~pt requested, ad~ressed to the following OWNER's address of record' Board of County Commissioners, Collier County Florida Transpor, ation Services Department 3301 Tamiami Trail East Naples, FI. 33962 Attention: Mr. Ed Kant, Director 16.2. All notices required or made pursuant to this Agreement to be given by the OV,,'NER to the CONSULTA!'JT shall be made in writing and shall be delivered by hand or by the United States Postal Sen,ice De.martment, first class mail service, postage prepaid, return receipt requested. addressed to the follov,ing CONSULTANT's address of record: Wilson, Miller, Barton & Peek, Inc. Suite 200 3200 Bailey Lane Naples, Florida 34105-8507 Attention: John H. DeWinkler, P.E. ou~=:r pa,X.v c 16.3. Either party may change its address of record by written notice to the "= _i,,,en in accordance with requirements of this Article. ARTICLE SEVENTEEN rvllSCELLANEOUS 17.1. CONSULTANT, in representing O\.'VNER, shall promote the best interest of OV.,'NE.R and assume towards O\¥N!ER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of an:,' terms thereof shall impair the rights, or liabilities of either party. ,,, ,ho,~ the prior 17.3. This Agreement is not assignable, in whole or in part, by CONSULTANT '; v,,ri.tte.,"l consent of OV'.,q'JER. 17.4. Waiver by either paP, y of a brea:h of any provision of this Agreement shall not be deemed to be a waiver of any other brea:h and shall not be construed to be a modifisati3n of the terms of this ='~ ~ ' Agr~_m~n,. ...... -~ in this 17.5. The headings of the Articles, Sshedules, Parts and Attachments as c,.,, ,~ :x..,~ .... limit or Agreement are for the purpose of convenience only and shall not be deemed ...... "' change the provisions in such Attic!es, Schedules, Parts and Attachments. 17.6. This Agreement, initially'consisting of 26 continuousIy numbered pages inc. luding the nt betv,'een the r~f~r~n,...~d Schedules and Attachments hereto, constitutes the entire agreeme parties hereto and shall supersede, replace and nullify any and all prior acreements or understandings, v;ritten or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 2O ARTICLE EIGHTEEN APPLICABLE LAW 18.1. Unless othen, vise specified, this Agreement shall be governed by the laws. ru!es, and regulations of the State of Florida. and by the laws, rules and regulations or' the United States when providing services funded by the United States government. An',,' suit or ac:ion brought by either party 'to this Agreement against the other party relating to or arising out cf this Agreement must be brought in the appropriate Florida state court in Collier County. Ficrida. IN WITNESS WHEREOF, the parties hereto have executed this Professional S_.",.~s Agreement for Professional Traffic Engineering Consultant Services the day and year ¢'' ' ~l,S~ written above. ATTEST: Dwight E. Brock, Clerk By: Date: Approved as to form and legal~sufl]cien~cy: Assistant County Attorney Wit~' . ~.x (Type name): PatrJcia L. (Type hamS): Gar,' L. Panca (CORPORATE SEAL) 21 BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: Barbara B. Berry, Chairman (Name of Corporation) Wilson, Y. iiier~ garton & Peek, 3200 Bailey Lane. Suite 200 .Naples, Florida 34105 By: ~ (Type ~ . . . z (Title): Chief OperatJnc Officer Classificalicn Un/[ ENVIRONI.?_NTAL iC'-"~ Environmen[al C .... u ...... I 53.00 / 1053 Environmental Consultanl Il 6.~.00 / I0f. 5 F-nvironmenIal ConsuRant III · ~3.00 / H~ i005 Environmental ConsulJan[ IV g3.00 / I037 ~nvironmental Co~sul',~al V 1054 Senior Hydrolo~J2t 105.00 / L&ND PL&NHff.~S IC~.OO I 1019 Planner I 1020 Planner II ~3.00 I HR 1021 P,ann_r III 1022 Planner IV ~5.00 / 131.03 / L~.,~oC.C~= ARCHITECT 1121 Landscape Ar~hke,, I 1122 L~n~sca , est 51.00 / - - P- Archil !1 ~.0.3 / 1~23 Landscape ArchRe:~ I11 ~5.03 / 1024 Landscape ArchP,¢:: IV _.n__rl :332 En?ineer H ~.,23 / ~S34 En~bo~r IV ~5.¢3 / SENIOR ..... =, ,=~,- ...... 10:5 Fdn:~pal 1125 ~ped V~lness- General 12~.00 1 159.03 / 1~25 ~Ped v~qtness- 1637 ~pe2 V~ilness - Juz:izJal 1 ~3.0g / SUPPORT PERSOt~NEL 232.00 / 1131 Tezhniz~n 101~ CADD/%ezhnic~an i 37.09 / 4~.00 / HR i0~2 CADD~ezhnician II 54.00 / HR 1013 CADD/Technici~n 111 74.09 / HR 1132 Field Technician I 48.00 / HR 1133 Field Techn[:ian 11 1130 C .,, ~ ~ . E9.00/ ompu,_r 1051 Compeer Special~ 75.00 / HR 85.00 / HR 1074 Word Processor~ezords Tezhniz[~n 37.00 / HR 1075 Administralive Assis',an[ ~PENSE ITEMS 42.00 / HR 1 ~40 Off-Road Vehicle ~141 Boal & Motor 105.00 / DAY 1143 Concrete Monuments 30.00 / HR 1~44 Tragic Counler 15.00 / ~ 1153 Vehicle T~vel 40.00 / DAY 1154 Blue LinePrinIs 0.31 / MILE 1~55 Copies 0.95 / ~ 1157 Bond~ellum Copies 0.10 / ~ 1~56 Myla~ 0.55 / ~ 9.00 / END OF SCHEDULE A . CORD. CERTIFICATE OF LIABILITY I N S U RAN C E'T&~%'--~ wllson, ~l~!ler, Barton Peek, Inc. 3200 Bailey Lane, #200 Naples FL 34105 ~:a~yland Insurance Group B FZCi Mutual i.-.s, urance C D C,G'.'ERAGE$ - .... . .... :. -A~.-: .t:~R :DByT~DO, tCI:S2. ESCR~SED~E=EIN~SJSjE2TTCALLT~ET~='"~ f2 ~=E:: ,.$,=:'.:5 :,~'E ".'~.' ~L~', A EPA306450~ 01/01/gS CI/C!/~9 ECA149904!! 01/0!/98 001WC98A23{59 · ' '_ t~-oucho"t the State of Florida. Re: and surve In f!--m ........ ' f'cate Engineering 803 Traff{c ~ngzneerznq CoDsultan~ Se.--vices. ~e_-~ · holder Pro,eot 98-2 is an adciitlonal insured as respects tnl$ con~ract. R H .... R TiFI:AT~. ~' ~: Collier County Board of County 3301 East Tam/ami Trail Naples FL 34112 COLLCO2 CANCELLATION EX~RAT C'; 30 D~v5 ......... cERTI ktltt!!il. FICATE OF INSURANCE ONLY AND CON U~N THE CERTIFICATE ~,j~.CO~S~ ~.S~T~C9 ~Gsoci~gS ttOLDER. THIS CERTIFICATE ALTER THE COVEAAGE AFFOA.ED BY THE pOLIZIES BELOW. Tam~, FL 33~2~ 2~3 . - _ ~&I_':- -~-~-~ '~ .............................. ,~su.~= Wil~=r., Miller, Ba,-tcn ~:~ Peek, 32. g, 0 ~[Ze',' Lane c ..... ......... ' D COVERAGES . -'-' T= .,,,~l=H T~.$ TH:S IS TO c{qTI~-Y THAT T.tE ~L<';E~ O¢ INSUF~!q2E UsT~D BELOW HA','~ BEEN ~SS~ED T~ THE ~;S~;.~C E-'C- -~-'C-==''-''CE $ OT~.-_nT_A%,,,*~= ' A-*:=~,' ...... :~.,.i,,, '~ claim Professional Liabi!i:Y :EC,:RIFT, ION O~: 0p=-RAT~ONSILOCAT;ONslVEHICLE$1'':PE:IAL ITEMC, JNa~les office made basis ani repot:e!. Jpr~fessiona! Liabi~ '' is written on a claims ~ - ~ ~:ic Enci~==.~-~ Consu~tan: Serv~= CERTIFi~TE MO~SR 2zsrm of Ccur. zy Csmmis-4 .... "sules, FL 34109 ACORD 2=~.S CANCELLATION _¢~IRATION DATE. THc-R=-O~, TH[ lc-s~JINU .Ow ANY w,.L ~. ,"1 DAYC, WRITT~-NNOTI'~ TO TH~:- CERTI';'I~'A~'T[- HOt'OER NAMEO TO TH C~ ANY KINO UPON THE COMPANY AtJT.~RIZ.tO REPREC,ENTATIVE · ./b { ~,Y, C).) ! SCHEDUt_E B INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the fohov,'ing minimum requirements with the use of Insurance Services Off~ce (ISO) forms and endorsements ,-4 or th~,r equivaler',ts. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY insurance shall be --',"'~'ned by the Contractor/Consultant./Professional during the term of this Agreement for ail emp;:,;'ees engaged in the work under this Agreement in accordance with the laws of the S,a,. of The amounts of such insurance shall not be less than: ..... a. Worker's Compensation - Florida Statutoo' Requirements b. Employers' Liability (check one) X SI00,000 Each Accident S500,000 Disease Aggregate S100,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. COMMERCIAL GENERAL LIABILITY insurance shall be maintained by the Contractor/ConsultankCProfessional. Coverage ,,,,,ill include, but not be limited to, Bodily Iniuw, Property Damage, Personal Injur)', Contractual Liability for this Agreement, Independent CSn{~act°rs, Broad Form Property Damage including Completed Operations and Produ:ts and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the Ov.'ner of the work under this Agreement. following: (check one) X General Aggregate Products.'Completed Operations Aggregate Personal and ~,dvertising Injury Each Occurrence Fire Damage Limits of Liabi::,ty shall nat,..~-,.-~ less '~-,, ,=n the S1,000.000 S1.000.000 S1,000.000 S1,000,000 S 50.000 (2) The General Aggregate Limit shall apply separately t:) th,.s Project anJ ::-,e :oli::v shall be endorsed using the following endorsement wording. "Th!s endorse,":':.e:',: mc, difies ~= Part,. The insurance provided under the follov,,ing: Commercial General Liabiiity Co,,,era..,. General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) If the General Liability insurance required herein is iss'..:ed or renev,.'ed c.q a "claims made" basis, as opposed to the oc.?.urr~nce form, the retrcactive date for coverace vFai, no later than the commencement date of the Project and shaIl~,o,~'"- "~ that in ':"-,,,= event of cance!lation or n3n-rene,,val the Extended Reporting Period (Discoveq,, Period') for claims shal be no less than three (3) years. (~) The Owner shall be named as an Additional Insured a,nd the polic,;, shall "',=. endorsed that such coverage shall be primary to any similar coverage carried by the Ov,'ner. "=, ' Co'"suItant / AUTOMOBILE LIABILITY INSURANCE shall be maintained by ,q~ Contractor., ,, Professional for the ov,,nership, maintenance or use of any ov,,ned, non-ov,,ned or hired vehicle with limits of not. less than: (check one) .~X Bodily Injury & Property Damage - S 500,000 PROFESSIONAL LIABILITY INSURANCE shall be maintained by the E.onsu~tan~.P'-'-'~=- cai ........ un~.~r to insure its legal liability for claims arising out of the performance of professional ~=~,i~..-,~. ~,.~ this Agreement. Such insurance shall have limits of not less than _X_._ S1,000,000 each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole respo~,sibility of the Consultant,'Professional and shall not be greater than S50,000 each claim. (3) The Consultant/Professional shall continue this coverage for this Project for a period of not less than five (5) years follov,,ing completion and acceptance of the Proie:t by the Ov,'ner. END OF SCHEDULE B. SCHEDULE C TRUTH IN NEGOTIATION CERTIFICATE p~.-,~.,'-~,','~-' Comaetitive Necotiation '~' Sect'.on In compliance with the ,._,~.,. .... ,:,.,o . . . Florida Statutes. :i'.~,:,., :tiller, ~arl:cm ;, ?euk in:. he,'~bv cer-;ifies ....~, ,..~..~.s. rates and other fat:ua! unit costs sup?ct, lng the comp=.,s=:o,, for the Pro."ess:or, al Engineering Consultant Services of the CONSULTANT to be provided under the Prcfess.~n~l Services Agreement are accurate. '""'"--. "~" and current as of the time of BY: DATE; W1LSO~R, BARTO: & ?EEK, iNC. Revised: JUNE 3, 1997 AC 26 AGREEMENT FOR PROFESSIONAL TRAFFIC ENGINEERING CONSULTANT SERVICES nlb .-,,~,:-'":..-~'~ ~ ;~ and ~ .... ~ ..... =,~ _n,=.=_ into this '-,= ~-",,, and ~*"',.,.=,v.e=n- the '-'=oard of Cou"',' Commiss: ..... :-' "" "' ~. ..... ..,n=.:, ,~, u.3~,',er Cou."t:'.. F::' :~. 3 political subdivision of the S,..:,e'-' of Florida and (hereinafter , =,=,,=.,-~'-~'- -" t3 as '~'-,,,:.: "O',",':':-- ~"' -:.~'" Kimlev-Horn and Associates. Inc. a North C.--,::iina Corpor.=.tion, -'"~'~':-.~' ' ' Florida 3361 s.. .... ' ' :'3 (hereinafter referred to as t,",e "CONSULTA:.;T"). \'V I T N E S S E T H: V,,H=.m.-AS, the O~,';N=R desires to o~,=:n the pro,=s_~o..::, ir=,,,., enginee:i:- .......... ~ .~,..,,~, ,~. ser,,,ices of th, e CONSULTANT concerning work and/or the; ....... :"" ' ....... .'= ..... ,, C; a::3~5 '.'..:-::-: t~e operati:nal jurisdicti:,n of Cci[let County,. such se~'ices t3 be F_.,=-'-' .... .... ,,,=~'~ ,'~,,. the' L.,,..,,,:~' ........... ,.-.,'~-~ pursuant to this Agreement and v,,ith Work Orders to be issued bv OVv'NER s'..:bse:_-en: t3 execution of this Acreement; and in accordance v/ith the conditions that each V,'c::.: Or:er shaiI n,.,r exceed S~0,000 and that total initial compensation for ail \".,'ork Orders i-:~:.'=~: un:er '~' Agreement shall not e>:,,:ee.d $500.000. 'WHEREAS, the CONSULTANT has submitted a proposal far provision of and ,,H=,,'-..--,S, the CONSULTANT represents that professional services that ;,,,ill be required by the OWNER. it has ex2e.Xise in :he :..':e of NOW, THEREFORE, in consideration of the promises and the mutual co'.'enan:s and provisions contained herein, the parties hereto agree as follows; FILE 60P¥ ARTICLE ONE CONSULTANT'S RESPONSI-SILITY 1.1. CONSULTANT shall 3rovde to O\~N_,'-, professional traf:-..- eno'''~''' ......... ',:ant p,,~==~ of any ~,.,,~ Ode, to v,n~cn this Acreoment a~z;'es. ""'~,:- Set ft.;",P, ir, 1.2. The Basic Services to be performed bY CONSULTANT hereu,",~er are this Agreement and Work Orders prepared and issued by the O\~,NER and exe::te: b, the -n" pursuant to e,,"-cution of the ..--,~-,,::::,,,= .... parties hereto ~u""s---.auent ~. ,.. .,~ compensation to be paid CONSULTANT by the OWN:R for all Bas:: Se~'ices i~, set f:~n in Articl~ Five and ScheduleA, Con~ult.n,s Employee Hourly Rate q~""' :" hereto and inaer?crated hereln. 1.3. The CO''~' '~ :'" T ....... - ,,,~_,.-,,, agrees to obtain and maintain throughout the · r_..,u,,_.~ t3 d3 bust, mess in the State of Fto:~'~= ='~ in C:'.:ier all SUCh licenses as are =~ ,"-"' r~.., bv the --~-'i,'-- ~:a:e :sa:cs ~,,,-, Florida, inc!udmg, but not limited to, a',l licenses requi =~ ~"'"' other governmental agencies responsible for regulating and licensin~ the profess!.:r,a! se.",'ices to be provided and performed by the CONSULTANT pursuant to this "~"== "nt. 1.4. The CONSULTANT a~,=:: that, ,.,,'hen the services to be .... ;.-,'=~ h=,.~.,n,,-=- relate to a , ,..=, drl~,_ of at;th_, professional se~.'ice which, under Florida S,a~u,~s, requires a license *-'""-"*'" ~-'--'; n s~,.~s it shalt emoioy and:or re:_~in cF,',')' or..o,.h=r form of ~=.,al entitle,me:',t to practice such ':' """' qualified personnel to provide such services. 1.5. CONSULTANT agrees to employ and designate a Work M, anager in writing, within five (5) calendar days after receiving its Notice to Proceed under an executed Work Order. The Work Manager shall be authorized and responsible to act on behalf of the CONSULTANT with ~_rv~c~s to be provided respect to directing, coordinating and administering all aspects of the ~= ' '~ ,, I ,. , ~ :" . - . .. . ..... ..-..= I and performed u,~=,,...~r this Acreement_ and a \",'o~'k Order. Within five (5) ~ = '~" ,,,...., ,.nv CONSL*LTANT shall Notice to Proceed issued by the OWNER to the CONSULTANT, "" deiiver to the OWNER a whiten s,at ..... ,,., exec'..'ted bv the '" ~.",.'-' o::':ers of the ~n,., ore,cate the CONSULTANT on all rt,;z,.tters arising out of or re:at,nc, t~ such devote v,,hatever time is required to satisfactorily r~',z~r',a;,.:e the ~:~r',.,~ces to be r'.~" '~"~ performed by the CONSULT."-,NT h_r_..,nd_ . ~ne pe:~:n .:.:.::~--, serve as the \'Vork Manager shall be subject to the prior a~pro','al and acce::an:e ct OWNER. 1.6. CO!'~SULTANT a.:rees, ,,,,'~tn~n fou,~een ('14) calendar days cf receipt of a v.'n~,en , ' ' , .... ' .... r'''~' -' from the OV,,'NER, tc ~'.romt_..tI)' remove and re...n~ace the \"--~' L,~,,~_~er, or an,/ ~,,,:.. -'-' -~ :y" - CONSULTANT. or an.,,, st..;:consukants or ~b~o ,, = .... ., or an'.,,' emplo.ved or r=.=~n:..., ,n= ' ~ personnel~.,'"' =,-~',,, .~uch subconsultants or subcontract:."s encace'~_ _ ~ by. the CONSU'_T.-'-,XT to provide and perform services or work pursuant to the requirements of this Agreement. ,,vnom ' ,,,~i-' =."-,uest may be made ~"' the OWNER shall recuest in v.'riting t3 be removec ....... n r_,~ ,-,, OWNER with or v,'ithout cause. O\.'¥N:,~ that it has ~..,.,-,:rf;',~: in the tv:.,e 1.7. The CONSULTANT has represented to the "'-'" ~...,.. ..... .. prcfessianal services that ,,','ill be required hereunder. ~ne CONSULTANT agrees ~,,:. all ser'.,,'i:es to be provided by CONSULTANT pursuant to ,,,,~ Aareement shall be ~' ~; .... ~'~ ONN~Rs review and approval and shall be in accordance with the generally standards of professional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any goyernmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these ':- ':'"~,',~. the CONSULTANT shall notify th" OWNER of such conflict and utilize its b~ ~,~___. professional judgment ~o advise OWNER regarding resolution of the conflict. /,~. ,~ '"I ~- · ~ ', 1.8. CONSULTANT agrees nol to divulge, furnish or make available to any third :'e:sor~, firm or '--- incident to ,n..-, F ,...,-.'.:- organization, without OWNER's prior v,,ritten consent, or un,~.-s ,'_ ,',r',",~,' ,.=,i~,rm, ance of the CONSU._ .--,,,,s obliaations hereunder, or in '~= cf judicial su,_,.,_.zenaed, ar,'., - ...... "":- legislative proceedings where such information has been properly ' ~'" , .... -,.- ...... information concernmc the se:-,'~ces to be rendered by CONS',jLTANT h ........... ¢,,, .... ' , _ "' ...... and ' CONSULTANT shall require ail ct its emolovees acents, sub,..onsu,..~,.-- ~ ........ -:-,,r-: :~ comply with the provisions of th!s :aragraoh. 1.9 If r~,',,,ir~.a pur:u_,,~ ,. a WOF~.t Order, CONSULTANT a.crees t3 srovlse t-.., OWNER professional evaluations of the OWNER'S v.,ork bu.dcet. The e,,'a!ua:~.:::s and ...... ~h '-:-. delivered to OWNER in accordance with the following schedule: (a) ~ ne professional evaluations of the OWNER's work '-"'=~=' si",a!l ~'e ........ "' ' "'~ the report to be furnishe:! bv CONSULTANT as part of the Sc.c-re :f Se:-.'~:es. 1.10. ':'~' _ ~x..~ri~n~d CONSULTANT'S b~, jud:;T,~e,",t as an :"-,~ '= engineerlng consul,tan',. Evaluations of the OWNER'S budcet, prepared by the CO''~ ~i T,:-'.;T re:resent '~- -"--~ prc, fessisnal frail'lc and qu~.,,,=~ ARTICLE I'~"'/O ADDITIONAL SERVICES OF CONSULTANT o,, ,=. ~ /-,,dali:lanai If authorized in writing byOVVNER, CONSULTANT shall furnish or obtain from '~--- Services of the types listed in Article Two herein. These services ,,,,,ill be paid for b,;' O\'VNm,:R as indicated in Article Five and Schedule A. The following services shall be Additional Basic Services: 2.1. Preparation of applications and supporting documents (exce?t those, a[resc.:y to be furnished under t,,.s Agreement) for private or governmental crants, loans, bcr, J ~ss'.:es or ~'aNCeS, _ _ ~ ...... or C~ ,.:: ~ .... Of th.,2. 2.2. Se,'~'ices res'Ji:ing from '~ '~ ' ' s~gm,~can~ chan,::es in the qenera~ s,..ope, ~' '~"" Project or its design including, but not limited to, changes in schedule or chore:ret of construction; and revising previously a::cepte:] studies, re.::.,'-:s, design documents or Contract Documents ,,','hen such revisions are re:.:uire:] by changes i,n i?.'s, rules. regulations, ordinances, codes or orders enacted subsequent t.3 ~n:~ not rcascnab!v .~nt:,:ipated prior to the preparation of such studies, reports or documents, cr are due to any cther causes beyond CONSULTANT's control. consu~,~,lons \,,~, ,,~- 2.3 Preoaration and submission of information to and n~.=,,--,, "-" ,:'~- '"'~ CcIlier ~ru,=~,~,...,n Florida County Transportation Department, Florida Department of Environmental - "' .... '* , D;~,,t,..~. U.S..~rm,,' Corps of Department of Transportation, South Florida Water ~'.'= ....... ' '-'"~' ' ..... or,.._" ts obtain ~'=~="' ~"' '~ Enaineers or other aFpropriate reaulatorv aoencies in '~=, n ....... z ,.._,m~.s or approvals for construction of the Project. 2.4 Prcviding renderir, cs or models fcr OWNER's use. 2.5. Investigations and studie~ involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility s,ud~s, cash flow and economi: evaluations rate schedules and appraise!s; and evaluating processes a,,'a?,able for Ik..~nsina and assisting OWNER in obtaining process licensing. 2.6. Furnishing services of independent professional associates and consultants for other than ,h. contract services to be provided by CONSULTANT hereunder. 2.7. Services during out-of-town travel required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office or local travel as defined herein. 2.8. Assistance in connection with bid protests, rebidding or r--necotiatinc c3:',tr3:ts .... iA"~ except as pr3vided for here:.n. c::'.struction, mater:,als, equipment or ~=, ¥ .... othem,'ise 2.9. Providing any type of property sur,,'e'.:'s, aerial photography or related engineering: ser,'i:es needed for the transfer of interests in r-:al prcperty and fieid sur,'e';'s for design purpsses engineering ~ ....=,,~ and stakina to ,',n,~k~= contractors to proceed with their work and pro,,'~in~ other special field surveys. 2.10. Preparation of operating, maintenance and staff,3ng manuals, except provided for herein. as other.vise Ok'.N:,'", in a.'~'..' i "_-' 2.11. Preparin2 to serve or serving as a CONSULTANT or witness for "'-'"" or other legal or administrative proceeding, involving the v,'ork (except for ass!_=ta'::e consultati3ns which are included as pa,'-t of the Basic Services to be provided here!n). 2.12. Additional services rendered by CONSULTANTS not otherwise Agreement or not customariiy engineering practice. t..,. ~n this provided furnished in accordance with generally ~ ...... ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The Owner shall designate in writing a work coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement and a particular VVork Order (hereinafter referred to as the "Work Coordinator"). The Work Coordinator shall have au~hor~,) to transmit instructions, receive information, interpret and define OWNER's po:,:,:ies and decisions with respect to CONSULTANT's services for the ;,;ork. Hov,'ever, the V','ork Coordinator is not authorized to issue any verbal or written orders or instru~.t,ons to ,h_ CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying cr changing in any way v,,hatever: · t,,~ C~, ',~ ULT.A,'<T ia) The scope of se~,ices to be provided and pedcrmed by "'" "","'~ hereunder; (b) The time the CONSULTANT is obligated to commence and corn?ere a!i such ser-.,ices', or (c) i ne amount of compensation the OWNER is ,.,.~,,._,~,,:d or comm~:'.e: ,~ ,-=, the CONSULTANT. 3.~. ':Th~ Wcrk Co,.,,,.:t, ,~or s, ' (a) P, eview and ma~e appropriate recommend-:.tio.ns cn a~', :fi"= .:','-,-'""~ by tr'.e CONSULTANT for payment for ser',.'i:es and v,'~r;.: (b) in at. cordance v.,ith this Agreement: Provide all criteria and information requested bv CONSULT,:.,NT as to OWNER's requirements for the Proje:t, insiuding desic, n '-,' .: - ", ,-: ~ and ~,~ ~n = . irements, flexibility and constraints, space, capacity and p~,,orm~,c~ re.au . (c) expandability, and any budgetan,., limitations; Upon request from CONSULTANT, assist CONSULTANT ~'.,' .:~,acing at CONSULTANT's disposal all available information in the O',','i',~ER'S possession pertinent to the Project, including existing drawings, s.:e:ific, ati~ns, shop drawings, product iiterature, previous reports and any other data rel.ative (d) to design or construction of the Project Arrange for access to and make all provisions for CONSULTANT to enter the site to pedorm the services to be provided by CONSULTANT under this (e) Agreement; and Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered b¥..CONSULTA__N.~. hereunder. ~ . . 7 ' ¢ ,':' 3.3. CONSULTANT acknowledges that access to an), work site, lc be arran:jori b', '-' .... ,._ ~,~ER for CONSULTANT, ma,., be provided durina" -~- "-.= ......... , = · ,~m..;~ ,,,..t are not the normal h,,, ~, hc'.:rs of ,hr: CONSULTANT. O 3.4. eVeNER shall be responsible for the accuisition of all easements. "','"'~="",, rights-of-way, or o,h.r property rights required fcr the work and for the c,..-., ~ there:;. the costs of an,., required land survevs in conn=.,~,..n with such acquisition. AF, TICLE FOUR T!L',E 4.1 The period of service shall be from '"'" " · t,~ date of execution of tn,.s September 30, 2000 or until such time as all outstandin~ Work Orders i~ued expiration of the A~reement period have been ,..ompl=~..~. This Agreemen, m.=.v an addit,or',al tv.'3 vel. rs,. ren~,,a..,,~=,,' ~'-~ annually. Rer',ev,'al shall be acreed t3. patios. 4.2. Services to be r~nd~r~d"' '" -" by CONSULTANT shall be commenced s..;:~-:::...':"..' execution of this Agreement upon v,'ritten ,~,~,..= to Proceed from O'.,'.'i',,"zR f.:,r ~:: · ~ proj_~t =s,..=ohs,n=., a Work Order and she b.e .:eff:,..med completed in accordance with such V¢ork Order. Time is of the essence v,'ith res:e:: pe.dormance of this Agre~m_n,. 4.3 Should CONSULTANT be obstructed or delayed in the prosecution or ...... ~*- ' se,vices as a result of unforeseeable causes beyond the control of CONSULTANT, and n3t due to its ov,,n fault or neglect, including but not restricted to acts of God or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or loc?o.~ts,' then CONSULTANT shall notify OWNER in writing (by mail, hand de~ivem,, or facsimile transmission) within five (5) working days after commencement of such de!ay (or l~'.er time as soon cs physically possible thereafter in the event of delay by wide~ c~t~strophic event, such as a major hurricane), stating the cause or ca~ses [H~r~5,, of be I I ceemed to have v,'aived any right which CONSULTANT may hc:'.'e ha; tc req:es: a exlension. If a timely request is submitted to the OWNER and such request is not defied bv the OWNER within ten (10) days of receipt, then the request for extension sh.::..:i be deemed approved by C)WNER. 4.4. No interruptisn, interference, inefficiency, suspension or de':a', ;n the c ....... =,..:- :eh: or · orocress_ of CONSULTANT's _~= "~c_~- from any cause v.'h,s:sze'.e:. :~:!uzi,"': '~*-~= ...... ::: v.r.::h OWNER may be responsible in ,,,.,hole or in part, shall relie,.e CC',;SL;LT.-'?,T cf :ts Cut,,' t3 po,florin or give rise t3 an,,' ri:hr to damages or additional CONSULTANT's sole remedy against OWNEP, ,,','ill be the richt its schedule. This paragraph shall expressly apply to claims f.sr earl,,' cc.m::e:i3~, as v,.e',l as claims based on late completion. Provided, hov,'ever, if thro:.:ch nc fau!: c: nez.e:: of the CONSULTANT, the services to be provided hereunder have not b. een c::':.':!ete: v. thin t.'.'o calendar years of a N'otice to Froceed, the CONSULTANT's csm.:ensat;zr, adjusted, with respe:t t~ those services that have not .,.,et been .:e.":':~'med. ;3 reflect tr, e incremental increase in casts experienced by CONSULTANT after e.,,:_nira.:i:n of the :v,'o ,,,ear period. 4.5. Shouid th, e COr'~SULT.Z.,t.;T fail to commence, provide, perform or :sm.zle:e az)' of the se,vices to be provided hereunder in a timely and reasonable manner, in a:c.:kion to any other rights or remedies available to the O\'VNE,R hereunder, the OWNER at its s:ie dis:teflon and option may withhold any and all payme,nts due and owing to the CONSULTAt,,~T until s:zh time as the CONSULTANT resumes pe.fformance of irs obligations hereunder in suzh a ,.msn,'-,er so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's se,ds, finance is or will shortly be back on schedule. .. .. ARTICLE FIVE COMPENSATION O 5.1. The COUNTY will compec, s~.te the CONSULTANT for the ser','~ces k,=,,u .... ::~ on eac. h Work Order in accordance with a r,e.aotioted_ lump sun's, cost plus fixed '*'~, .... or es,-u'-b',ished hourly rate as provided in Schedule A ,-,,,ach_d hereto. 5.2, Subcontractual services, if any, shall be invoiced by the CONSULT.ANT at t,he ac:'~al fees paid by the CONSULEANT. 5.3. Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT as follows' o.o.' ~ i. Expenses of t,c_.,,s~,.,,,,¢don~'-'-" and living ,,','hen travelina~ in connection with each Work Order, except for local travel v,,ithin Collier County, as provided in Section 112.051 Florida Statutes, and fees paid for securing approval of authorities have jurisdiction eve, the Work Order. 5.3.2. Expenses of reproduction~ pos,a=, and handline of D,~..,~n..s and Specifications including duplicate sets at the completion of each Work Order for the County's review and apl~roval. 5.3.3. Expense of overtime work requiring higher than regular rates, ,,','hen authorized by the County. 5.3.4. Expense of models for the County's use. 5.3.5 Expense of computer time ,,,,,hen operating CADD so~¥are. ~0 f ' (:,..i i ,... I l,m,, l:_,._d 5..4. Total compensation for all se~'ices and expenses shall not exceed the : :' '~"-~ . each Work Order without written approval. 5.5. Total initial compensation for all seA, ices and expenses sn,,ll not exceed \Vork Order an,: ,o,al ~, ,,ra,,..t limit shall not exceed S500,000. 5.6. Payments for Basic Services, Additional Basic Services, Subcontractual Sen'ires. and Reimbursable Expenses as defined in Section V, shall be made upon prese:".:ation cf the CONSULTANT's County-approved itemlzed invoi:e. 5.7. Records of Reimbursable : '~'" '~= ,.._x~_n..s and Expenses pertaining to Adt:itional Basic Services on the Vv'ork Order shall be kept on a generally recognized accounting basls and shall be available and provided to the County with submittal of invoices. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, rep:an.s, computer assisted design or drafting disks and other technical data. other than working papers, prepared or developed by CONSULTAr'JT under this Agreement shall be delivered to and bpcomethe propefly of OWNER. CONSULTANT, at its ov,'nexpense, may retain copies for its files and internal use. OWNER agrees to indemni~ and hold harmless CONSULTANT with respect to any claim, loss or damage, including attorneys fees incurred by CONSULTANT due to the OWNER's use of said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data on some other work unless such use is authorized by CONSULTANT. Owner acknowledges that the Consultant's work under this Agreement produces instruments of professional services, not products. ]! 6.2. With respect to and in consideration for the indemnificaticn provided by OWNER in paragraphs 6.1. above, CONSULTANT agrees to pay to OWNER $10.00. the sufficiency and receipt of which is acknowledged through the signing of this Agreement. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentatic."', v.,nich concern or reflect its services hereunder. ~ne records and documentation that are nat OWNER pursuant to paragraph 6.1 above will be retained by CONSULTANT for a minimum of ~nu date of termination of this Agreement or the date the .... five (5) years from" ~ ,,., r, . w. hichev,er is later. OWNER, or any duly au,nor,, .d aaents or representatives cf OWN:R. shall have the right to audit, inspect and copy all such records and documentation as o,,_n as they deem '~ecessary during the period of this Agreement and during the five (5) .,,.'esr peris~ noted above p ..,.m.._d however, such activitv shall be conducted only durinc norma! ~'..:,siness ,"'.ours. ARTICLE EIGHT INDEMNIFICATION 8.1. The CONSULTANT in consideration of $10.00, the suflqciency and receipt of which is acknowledged througi~ the signing of this Agreement shall protect, indemni:b' and hold OWNER and its ofiqcers, employees and agents harmless from and against any and alt lcsses, penalties, damages, professional fees, including at-torney fees and all costs of litigation and judgments to the extent arising out of any willful misconduct or negligent act, error or omission of the c'O~SULTANT, its Subconsultants, Subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work pedormed thereunder. The consideration exchanged and the provisions of this paragraph shall also pertain to any claims brought against the OWNER its oflqcers, employees or agents by any employee of the named CONSULTANT, or any Subconsultant or Subcontractor, or anyone directly or indirectly employed by any of them. The CONSULTANT'S obligation under this paragraph shall not be limited in any way by the agreed upon contract price as shown CONSULTANT'S limit of, or lack of, sufficient insurance protection. in this Agr.eemen.t or th_._e. . uondl,~ons of' an,.' cor. qtruc::cn co?,t:2ct that 8.2.. CONSULTANT ~.cknowledges that the general - "' c,;- -",'-~ to CONSULTANT c".'~:',': s._..._ in ,-,=-:~---;,n--",~=,,~,,,,~.. ,.._ cf a \",'ork Order shall includ.~.. ',ancu'',--~.. ..,,_. s.~::_,.~ ...... . the OWNER's attorne'/, in which the contractor agrees to hold harmless and tc c_,~.,.... L.,,,, ',,:.'-,,. i~;~c,~.don and jud~m~n,s of an,/ name and d-'''''~''''~ ""~ ..... ' "-:'~"=-'~' '" peEormance of the construction contract or ,,',,ark performed thereunder. ARTICLE NiNE INSU F,A:,JC-- _.~. During the iifeofth Agreement(an~un:;IfinalacceptancebvOwner~crv.'o:x?e~rmed under any Work Order ~ssue~ by Ov,'neri ',he CONSULTANT shs',i pr~,.'~ce. ~.'.,' maimain, v,ith companies sa.cola.sion/ to the '""'""'-~ ':-= .... ' - ..... ,~ State . . insurance c.:,mpanies r=~',_-,~,~..., with the of Florida. Prom:,t!',' a;ter ,,,,,:men N:tice of tn. insuran~_ coverages and limits re:uired mus~ be Award is issued bv the OWN:R, ":' ~= ' evidenced b,;, properly executed Certificates of insurance on forms ,,vhi:h are a:t.e::ab:e to the P,-=,,.,,.._n,.tF,~ of the insurance companv,.'c:m:.an~es sho',vn on the -'";'-' ........ ' th, at , c~r1~l~=,., true and exact copies he/she is an authorized "' "~= ' "~ , r_pr___n,a~v_ thereof. In addition '" (excising, however, any proprietary or sensitive information) of an,,, insurance policies and applicable renewals shall be ,..,._wd.d to the OWN'-R for s,~em c3od cause if and only if ~,......,,ov_d"' by specific action of ",n.: Collier Cour',ty Board of County Commissioners, '-" _ "'" n~.~ur.~.of the informaton soucht and the reason therefor. These Certificates shall contain provisions that thirty (3,3) days written notice by registered or certified mail shall be given to the OWNER of any cancellation, intent not to renew, or reduction in the policies' coverages, except :n the application of the Aggregate Limits Provisions. In the event of a reduction in the Ag_cfa_sate Limits of any p3lic7 below that r:.J~r~d in Schedule B, the CONSULTANT shall immediately take steps to have the Aggregate Limit reinstated to the full extent per..~)"~ F~itt'$'~('~'~° . =--T , such policy. All insurance coverages of the CONSULTANT shal! be prir,'nar~' to any insurance or self-insurance pro.gram carried by the OWNER applicable to the 9.2. "The acceptance by the OWNER of any Certificate of Insurance evidencing the insu:ant, e · ::verages and limits required in this Agreement does not constitute approval or agreement by the OWNER that the insurance requirements have been met or that the insurance policies shown on the Ce2iLcates of Insurance are in complian:e with the recuirements of this Agreement. 9.3. No work shall commence unless and until the required Certificates of insurance are received and the written Notice to Proceed is issued to the CONSULTANT by the OWNER. 14 9.4. Promptly after written Notice of Award is issued bv the OWNER and prior to approving any work CONSULTANT shall procure and maintain insurance of the types and to '~" limits specified,in Schedule B entitled "insurance Coverage", which is attached hereto and made a part hereof. CONSULTANT shall require each of its subconsultants and subcontra:tors to procure and ma~n,~,n, until the completion of that subconsultant's or subcontractor's work, insurance of the types and t.o ,hr limits specified in Schedule B, unless such insurance requirement for the s'Jbconsultant or subcontractor is expressly waived in ,.vritin~ by the OWNER. Said waiver shall not be unreasonably withheld upon CONSULTANT representing in writing to OWNER that CONSULTANT's existing coverage includes and covers the subconsultants and subc. ontractors for which a waiver is sought, and that such coverage is in conformance with the types and limits of insurance specified in Schedule B. Ali liability insurance policies, other than the Professional Liability, Worker's Compensation and Employers' Liability policies, obtained by CONSULTANT to meet the requirements of this Agreement shall name OWNER as an additional insured as to the operations of the CONSULTANT under this Aai'~ent and the Contract Doc. uments and shall contain severability of interests provisions. ' t.,..~ :3;~" 9.5. If any insurance provided pursuant to this Agreement expires prior to the ,..om,.l=,~on and final acceptance by Owner of any works, ~edormed hereunder, renewal C.=,d,~,.~.,::s of Insurance shall be furnished by CONSULTANT thirty (30) days prior to the date of expiration. 9.6. Shculd st any time the CONSULTANT not maintain the insurance coverages required in _ so,~ discretion shall be this Agreement. the OWNER may cancel this Acreement or at its '-' authorized to p_r,...h,..s~ such co,..,ag_s and charg= the CONSULTANT ;"" purchased. The OVTNER shall be under no obli:ation_ to .,..u,,..,,ase'" .A,,, such 'm.~..=n.~_,~ ..... "ncr sh. all it b'e ~:~sponsi'::',e f:: ti",.= covera.ges ..., .... as~d or ~n~ insuranse company or companies "~-".~ The decision of ,n-_ OWNER to pur~,,as, such insurance coverages shall in no ,.','ay' be construed to be ~ ,,.,,,:~ under this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF · "' :, ': performed ~;, CONSULTANT's own 10.1 The services to be performed h~r.una_r shall be ' s,,-,ff, unless other'.,vise authorized in writing by": ," '- ,n~OWNER. The employment of, contracl or use of the =-,'-~ . s~,..~_s of any o,,,~r person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior writ-ten approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement b~h,~n"'. ',== the OVVN=R'- and any such other person or firm. Nor shall an.,,~thing contained herein be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may other,vise exist without regard to this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.'I. CONSULTANT's acceptance of final payment under any Work Order shall constitute a full w__.iver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or othem, ise related to the work, except. ,those prev. io~$1,¥ s_r",~,..~s nor payment by u,~:..% s,,a,l bE: deemed Neither the acceptance of CONSULTANT's ,:, ,'"',= ""~ ..... '"' "' to.be.a waiver of an'.,, of OWNER's rights against CONSULTANT. ARTICLE 'D,'VELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default ,,',,ill be consider'"d cause for OWNER to terminate this A.,._m-nt, in wh.31e cr in para, as ,umh_r set forth in this section, for any of the followina_ reasons: (a) failure t3 ~'~-~= ..... ,,,,'o:~t' uncer' the Agreement within the times specified under the Notice(s) t3 Proceed, or (b) failure to prcperly and timel,;' ped,:rm the services to be provided hereunder or as directed by O"A'NER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to oh,',,,,._, laws, ordinances, ""' '*~' r_.u~¢.~o,.s or other codes of conduct, or (e) failure to perform or abide bv t~e ,_rms · t=rm;n::te this of this ~ .... ': ' -' . ,,-,..,,==m~n,. cr (f) for an,,, other just cause. I ne OWNER ma,,, s3 - ' - Agr,.._m~,,t."" =~ in ,,,,no' le 3r in pat,, by. gMng the CONSULTANT seven (7) ca,er, dar' davs .... notice. 12.2. If, after notice of termination of this Agreement as provided for in paragraph i2.1 aSo,.'e, it is deterrr,..ned for any reason ,n=, CONSULTANT ,.','as not in d=,aul; or t,,¢; its oe;ault ,,','as excusable, or that OWNER otherv/ise ,,','as not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of'termination provided for in paragraph 12.3 below and ; ""~ tn,.,,_ afforded CONSULTANT's remedies a~ainst OWNER shall be the same as and I,m~,~.., to ~ ,"'~= CONSULTANT under paragraph 12.3 belov,,. 12.3. OWNER shall have the right to terminate this Agreement, in ,,',,hole or in part, v,,ithout cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT's recovery against OWNER shall be limited to that 16 portion of the fee earned through the date of termination, together v.,itn any retainage v,~thheid and any costs reasonably incurred by CONSULTANT that are direct',y termination, but CONSULTANT shall not be entitled to any other or rue, her recoveO' OWNER, including, but not limited ~o, anticipated fees or profits on work performed. 12.4. Upon terror, nation, the CONSULTANT shall deliver to the O\~,"NER ail original .~,¢,..~rs. escriD=: ,,, tF~IS records, documents, drawings, modeis, and other material set forth and d "'' ;" Agreement. 12.5. The OWNER shall have the power to suspend all or any potions of the services to be provided by CONSULTANT hereunder upon gMng CONSULTANT two (2) ca':endar davs prior · '" b= '~ ~.~":d h~"~u.'",d~' ;,:ritten notice of such suspension. If ail or any pcrtion of the ser',.,~ces i - -, ~' seek are so suspended, the CONSUL tANI s sole and exclusive remedy sh ~ t3 an extension of ",~m. ~' '"~,~ its schedule in accordance with the pro:edures set forth in Article Four herein. ARTICLE THIRTEEN TRUTH IN NEGOTIATION~ REPRESENTATIONS ~3.1. CONSULTANT v, arrants that CON'SULTANT has not emploTe~ or reta!ne~ an'..' c:mpan'y or person, other than a bona fide employee working solely for CONSULTANT, to soiicit or secure this Agreement and that CONSULTANT has not paid or agreed to pa.,,' any person, company, corporation, individual or firm, other than a bona fide employee v, orking soiely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the av;ard or making of this Agreement. 13.2. In accordance v,,ith provisions of Section 287.055, (5)(a) Florida Statures. the CONSULTANT aarees to execute the required Truth-In-Negotiation Cexifica~e. and incorporated herein as Schedule C, stating that ,,,,'age rates and other faciual unit costs supporting the compensation are accurate, complete and current at the time of the Acreement. The CONSULTANT agrees that the original Agreement price and any additions the:'et.~ shall be adjusted to exclude any significant sums by v,,hich the OWNER determines the Aaree.-..e:-,t ~"~: was increased due to inaccurate, incomplete, or non-current ,,,,'age rates and other factual ur,it costs. Ail such adjustments shall be made v,,ithin one (1) year follov,'ing the en~ cf this Ag,e~m~n,. ARTICLE FOURTEEN CONFLICT OF INTEREST I~.1. CC',,'S'JLTAt.~T represents that it presently has no interest and shall acquire no interest. either dire:t or indire,:.t, which v,,ould conflict in any manner v,'ith the performance of se."','ices required hereunder. CONSULTANT further represents that no persons havin~ an.,,' sush, interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon the unless in writing and executed by the party or parties intende~ to be bound by it. ARTICLE SIXTEEN NOTICES ,AND ADDRESS OF RECORD 16.1. All nohces required or made pursuant to this Agrv=,,~=,,, to be g:'. s,,.--,,I be in writing and shall be deiivere.i ~',' h,.~n~ :r ~y Un,ted CONSULTANT to the OWNER States Postal Semice Depa~ment, first class mail ¢ ,'-~ posta3-- ~,eoaid return requested, addressed to the foliov,'ing OWNER's address of record' Bz.~rd of County Commissioners, Collier County Florida Tr~.nsportation Sen,ices Department 3301 Tamiami TraiI East Naples, FI. 33962 Atzention: Mr. Ed Kant. Director 16.2. All notices requirod or macs pursuant to this Acreement to be civen bv the OWNER to" CONSULTANT shall b.:; made ~n ,,','r;t~ng and shall be delivere:f bv hand ~' Postal Sen,'iz.e De.ga,,,.'~=nt, fi.~, c',ass mail ~",*-'-~ "'-'~"'~ . rn . p.,=,==~ 3repaid .... ret. ei re.~uested. addressed to "-~,,,~ fcliow,ng CONSULTANT'sa,.,ar~-~s~ ' *'- of r~..,r,...--~ ~ I.:;mI .','-,morn and Inc. u~,_ 705 92~0 Bay Plaza Boulevard Tampa, Florida 336194453 Attention: Bruce Friedman, P.E., Project Manager . _~ ',,, I,,=n notice to '~'-' ~" ' 16.3. Either pat,,.,' may chan~e i!s acJdress of r~"'ord b', .... "~- the o~,,~..:',~,.: g~,.'en ~n accordance with requirements of ~.nis Article. ARTICLE SEVENTEEN MISCELLANEOUS ,-,-'~ ..... ' -" of O',',NER and tnu 3~., inter,.-..-, 17.1. COXSULTANT. in representing u,,,.,x:r~, shall promote canduct itseif pursuant to the normal professicnal standards in ,,,e geographic area.-. ,n,...u.u., c the respor'._:bH~,y of fair dealing. 17.2. No modification, v.'aiver, suspension or termination of the Agreement or o, ¢..., , .... ~ thereof shall impair the rights or liabilities of either par".,.,'. ,"' *," 2riot 17.3.7his A.,r=_m~nt is not 8ssicnable, in ' _ ~ .... ~_ or in part, by CONSULTANT ,,,-'t=~ COP, Se · ,.,~,..,, nt of OWNER 17.4. '" .... ~,, ¢~',her breach of an,.' ,,,,..,..s,Dn . ,,= .=. _, ..... part7 of a .... t~' be a ,,','a~,.' er of an)' o~n=r" = breach and sn=,,' ~ ..... ...... be construed to k= a modificatic..", 3:' :r.e terms ~,'l, ~ AS,"e e me,'q t. A,a~,,m=n,s as con:a; e2 in this - -' '~-=~""-'~ of the ' ,., =~. Pads and " ~"" · ' -"'~m~' to e:,:2~.r.:. ,,m,. or ,--,creeme.'-,t are for the purpose of convenien:e only and shall not ,_ne u · ,~,,a,..nmen~s. chanc"' the provisions in such Articles, Sche.dules, PaP, s and "" *' l,q ~,..,in~ r~ 17.6. This '- ""-'" , - ~.~r~m_nt initially consisting of 26 continuously numbe ~'"' paces ' ~'"';' "' ""' ---, -",,= "'nt -¢ ..... * Schedules and ,...,~, .... ,,,,~.,o r=~:;,=n~=.., '""="~'"'"="'~° h::.=~3, constitutes the entire parties hereto and small supersede, replace and nullify an>' and alt prior agreements or . r~,at~ng to the matter set forth herein and an',, such prior understandincs, written or oral, "' ' · . agreements or understanding shall have no force or effect whatever on this Amr~m~nt. ?0 ARTICLE EIGHTEEN APPLICABLE LAW 18.1. Unless other~vise specified, this Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by the laws, rules and regulations of the United States when providing services funded by the United States government. Any suit or action brought by eith~ff' party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida state court in Collier County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Professional Traffic Engineering Consultant Services the day and year first written above. ATTEST: Dwight E. Brock, Clerk By: 'Date: Approved as to form and legal sufl']cien~,,¥: I Assis~nt County Attorney BOARD OF COUNTY COMMISSIONERS FOP-, COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: Barbara B. Berry, Chairman (Name of Corporation) Witnessed: (Type n~rr(e): (Type~rrame): ~_~< ?e · L.-~cc~ CORPORATE SEAL) 2! (Type name): (Title): "q '~ t e. j OCT / pG. SCHEDULE A Co,"',sultant's Employee Hourly Rate Schedule I END OF SCHEDULE A ' .~ - 7 A.-'_'-_'{?- '2 =r '" ;}:Si:CC" ~,:', FL CERTIFICATE OF INSURANCE CUSTOMER ~. 11677 0~/0! THIS CERTIFICATE IS ISSUED ASAMATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TH!S CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE K i H L E Y - '.-.'OF3¢ ASSOCiAtES ? 0 BCX 3306~ PJ-.LE i i-H, NC ......... c: PR©? CAS ~, .'%.'..~ V COVERAGE~ '" ~Dt~A~ N~,','~TA%~;';~ A~Y REqUIREMENt, ~RM O~ C=N2~N O= ANY CONTACT OR O~ER DOCUMENT CE~Ti=~A~ MAY ~5 ~LED C~ MAY CE~AIN ~E INSUranCE A==D~5g BY ~{E POLICIES DESCRIBED H,,REIN ~S SUBJECT TC ALL T~5 ~=~.,S A D£$TRI~T, ;ON OF OPERATiONSi,,.O,~ATiON$1V~HICLE$ISpECiAL PROJECT: ~TTJA~ CONTP.~CT FOR T~FFiC ENGiNEERiNG CONSUlTAnT; =rD COLLIER CO~TY IS ~ ~D'L [NS~.ED FOR GENE~ LI~ILiTY ONLY FOR CERTIFICATE HOLDER CANCELLATION COLLIER CO~2{TY :OA3_D OF COL'i.{?':' /P'., i SS lONERS N,,~t r~ rLO: i-,A _ACORD 2~-S Ctm0) 1 of 1 SHOULD ANY OF THE ABOVE DESCRIBED POLITIES BE CA,%'CE''--D BE:~,PE TH=_. E~i;=.ATION DATE ~EREOF. THE ISSUING COMPANY WI~ END.VT= ~O MAIL ~0 DAYS ~N NOTICE TO THE CE~IF~A~ HO~E~ NAMED T~ ~E ~, BU~ FAILURE TO MAIL SUCH NOTRE SHA~ ~JPCSE ~~N O~ / t / (J J ~,ACORDCORPORATIO~ 1190 ', [ "- _= __- OF LIABILITY INSURANC sR :.,A',.,,,...,, "-'~.n-c~ - ~ o~/o~/~ ~O. CERTIFICATE Professional Liability Cons!t. P. O. Bo~'6475 ' F "Point NC 27262 800-768-4590 ,,,~: 326-841-~081 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES RELOW. COMPANIES AFFORDING COVERAGE C~ANY A Security Ins. Co of Hartfor-4(iS B M.r. Don r~ine C P. O. Box 33058 Raleiqh ~C 27635 ~ D COVERAGES CERTIFICATE L~Y BE ~SSUED CR t."~Y aE=TA;N. THE I~:'J~CE AFFORDED BY THE POLICIES DESCRIS55 HEREIN IS SUBJECT TO ~L THE EXCLUSIONS ~D COND:TICNS ~: SUCH ~CLICIES LIM;TS SHOWN t~Y HA~ BEEN REDUCED BY PA~D TYPE OF INSURAN:'E P~L:cY NUM'~ER ' POLICY EFFECTIVE PCLI""Y ~ DATE IMM,'~D.'YYI DATE ALL .~'.','N ~D ~;:~;. :,'.",-'3, ~-,~ :ESS LtA EILI.-Y UM r- R EL'..A ;,DRM A ~RO:-v_S S i ONA/~ LIABILITY PL702323 08/01/97 08/01/99 r'ESCRZ=TICN O~ OPERATIONS.~LCCATIONSNEHICLESi$~ECiAL ITEMS ANNUAL AGG--P. EGATE $1,000,000 Annual con%Fact for Traffic Engineering Consultant; bid#95-2803 CERTIFICATE HOLDER Collier County Beard of County Co=~Lissioners Naples FL ACORD 25-S COLLIER CANCELLATION SI.~DULD ANY GF THE AEDVE DES~'RIRED P~LICIES 30 DAYS WRI~EN NOTI:E TO TH~ CERTIFICATE HO~ER NAMED TO THE LE~, SUCH NOTICE SH~ IMPOSE NO OBLIGATION OR LIABIL~ AUT~OR~Q RE~S~T~TIVE SCHEDULE B INSURANCE COVERAGE (1) The amounts and tvpes of insurance coverage shall conform to the f,..,,, ,. ,, ,g minimum rec, uirements with the use of Insurance Sen,,ices Office (ISO) forms and or their ", "- -, ' WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Insurance shall be · t,,. Co,,,,=~,o,,uo,,.,ul,anV Professional during the term of this Agreement for all empi:'?'ees e,",gaged in t,'*,e work under this Aareement in accordance with the laws of the State of F[crida. The amounts of such insurance shall not be less than: a. Worker's Compensation Florida Statutor':,., '"' , ' - r,,equ~rements b. Employers' Liability,'-".--,.-~. · ~,u, ~.,..~ one) X S i C'O.000 Each Accident S500,000 Disease Aggregate S100,000 Disease Each Employee (2) Th, e insuranc~ company shall v,,aive its RiGhts of Subrogation against the Owner s ,~;. be so endorsed. COI'/1MERClAL GENERAL LIABILITY Insurance shall be maintained b'.,' the Contractor/Consultant/Professional. Coverage will include, but not be limited to, Bodily Injur';.', Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Produ~.:s and Completed Operations Coverage. Products and Completed Operations covera2e sha',l be maintained for a period of not less than five (5) years following the completion and acceptance 23 by the Owner of the work under this Agreement. following: (check one') X General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage Limits of Liabil:ty shall not be less than the $1,ooo,ooo $1,o00,000 Sl,OOO,OOO Sl,000,OOO S 5o,oo0 (2) The General Aggrecate Lin'fit shall apply separately to this Project and the ,.o~;c~, shall be endorsed using the folio',ving endorsement v,'ording. "This endorsement n'.sc:ifies insurance provided under the follov.,ing: Commercial General Liability Coverage Part. The General .Aggregate Limit under LIMITS OF INSURANCE applies separately to each of ,,,our projec,s av,'ay from premises ov,,ned by or rented to you." ,n= General Liability insurance reauired herein is issued or renewed on a , ~,ch ~'TIS m~o= basis, as opposed to the "occurrence" form, the retroactivec=,='-'~ for~3,,_,~'- "-"'-"'= ..... ~""-:'.=,, ~""~_ no later than the commencement date of the Project and :.,hall provide that in the event of cance!lation or non-renewal the Extended Reporting Period (Discovery Period) for claims shall be no less than three (3) years. (4) The Owner shall be named as an Additional Insured and the policy shall be endorsed ,n.--,,. suc,n coverage shall be prima5; to any similar coverage carried by the Owner. 24 AUTOMOBILE LIABILITY INSURANCE shall be maintained by the Contractor / Co ,su,,c..nt i Professional for the o;,.nership, maintenance or use of any owned, non-owned or hired vehicle ,,,~,,, limits of not less ,hon. (check one) Injury &Propertv Damaae S 500,000 PROFESSIONAL LIABILITY INSURANCE shall be maintained by the Consul,=,,,..., insure its legal li_:.biiit,:, for claims arising out of the performance of profession¢i services ,..;~.fe.r t~;s %~, ~m~nt. Such insurance shall have limits of not less than ~X S1.00O.O00 each claim and in the ag.crecate (2) A,:~,, deductible appli:able to any claim shall be the sole ¢ 2'" :' ";':' ' F~S,...~RS~DII,., C.~ tme C,.,,.~u,,.-,,,t..Pr~,=s-;~n=l and shail not be .... ,', .c,=,-,,~r than S50,000 each claim. ....(.3). .The C:nsultant.."Professional shall continue this coveraae_ for this r-'r,j.,..,~ "'.= ..... for a .= .... :-'~ of not less than five (5) years following compl_don and acceptance of the Project by t,he Ov,'t, er. END OF SCHEDULE B. 25 SCHEDULE C TRUTHIN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, _ .... .~ . .,,.¢",- .~ !,f. i¢'~ hereby certifies that wages, rates and other factual unit costs supporting the compensation for the Professional Traffic Engineering Consultant Services of the CONSULTANT to be provided under the Professional Serv.!ce.s Agreement are accurate, complete and current as of the time of contracting. BY: DATE: , Revised: JUNE 3, 1997 AC 26 AGREEMENT FOR PROFESSIONAL TRAFFIC ENGINEERING CONSULTANT SERVICES THIS AGREEMENT is made and entered into this ~ day of 19~, by and bet-ween the Board of County Commissioners for Colher Count','. Fiorid3. a political subdivision of the State of Florida and (hereinafter referred to as the "OWNER") and Tindale Oliver and Associates. Inc. a Florida Corporation, authorized to do business in th, e State of Fiorida. ',',,hose business address is 1000 N. Ashley Drive. Suite 316. Tamc, a. 33602 (hereinafter referred to as the "CONSULTANT"). WITN ESS ETH: ...... t,,: OWNER desires to obtain the professional traffic engineerinc, c:.ns'" .... ser,,ices cf the CONSULTANT concerning work and,"or the improvement of areas ,.,.'~th,n operational jurisdiction of Collier County. such services to be pe,dormed b';' the CONSULT..:,NT pursuant to this Agreement and with Work Orders to be issued bv OWNER subsecuen' execution of this Acreement; and in accordance v,,ith the conditions that each ~,,orF, Order not exceed S90,000 and that total initial compensation for all Work Orders issued under t;his Agreement shall not exceed S500,000. \',/H,"-- m~AS, the CONSULTANT has submitted a proposal for provision of thoses=.-~'.,~,.. ~.,'""~-~' and WHEREAS, the CONSULTANT represents thai professional services that will be required by the OWNER. it has expertise in the t':'F_,e cf NOW, THEREFORE, in consideration of the promises and provisions contained herein, the parties hereto agree as follows: the mutual covenants and FILE Oc[ 13,_ , ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional trafi'~c engineering services in all phases of any Work Order to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are those set fcrth in this Agreement and Wcrk Orders prepared and issued by the OWNER and executed bv the parties hereto subsequent and pursuant to execution of the Agreement. The compensation to be paid CONSULTANT by the OWNER for all Basis Services is set fc.~h in Article Five and Schedule A, "Ccnsultant's Employee Hourly Rate Schedule", which is .... hereto and ' "", ...... ~ ~ In~.,.., p,.,, ~,=d h~r=,n. i 3 The CONSULTANT ..... ~ _ ~' · . ¢~,==~ to obtain and maintain throughout the p'eriod of this A.:reeme all such licenses as are required to do business in the State of Florida and in Collie,' Cou,,,.,,, Florida, including, but not hm~,=.., to, all licenses required by the respe:tive s,at= bcards and other covernmental agencies responsible for regulating and licensing the professional se.'vi:es to be pro'.ided and '-,~,-" - =.'-' by ~,,o. mt,., the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder re]ate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services. 1.5. CONSULTANT agrees to employ and designate a Work Manager in writing, within five (5) calendar days after receiving its Notice to Proceed under an executed Work Order. The Work Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided I 0L'f ,2,. - and performed under this Agreement and a Work Order. Within five (5) calendar days from the Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT sba;; de!iver to the OWNER a written statement, executed by the proper officers cf ~,~e CONSULTANT, acknowledging that the Work Manager under the Work Order shall ha,.e authorit',' to bind and obligate the CONSULTANT on all matters arising out of or relatinc Work Order and this Agreement. The CONSULTANT agrees that the Work Manaae." devote whatever time is required to satisfactorily manaoe the services to be --, ,'~-- performed b,,. the CONSULTANT hereunder. The person selected by the CONSU~-'' .- se,",'e as the VVork Manager shall be subject to the prior approval and acceg'.:ance 1.6. CONSULTANT -r',-.~,:~ v,'ithin fourteen (14) calendar days of receipt of a v,'r;tte.'~ re-:..est from the OWNER, to promptly remove and replace the W'ork Manager, or any other perso,":,ne! employed or retained by the CONSULTANT, or any subconsultants or subcontractors o," an',' personnel of an,,, such subconsultants or subcontractors engaged by the CONSU -'" ' L 1 ,,-,.N. t3 provide and perform services or work pursuant to the requirements of this Agr=um=.,,. v,'h3m the OWNER shall request in writing to be removed, which request may be made b:, the OWNER ',,,'i;h or v,'ithout cause. 1.7. The CONSULTAN'f' has ~:epresented to the OWNER that it has expertise in the t'.,'pe of professional services that will be required hereunder. The CONSULTANT agrees *~' t, ,~'. ail services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accep[ed standards of professional practice in the Slate of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and_u.t(lize its best professional judgment to advise OWNER regarding resolution of the conflict. ! 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER's prior written consent, or unless incident to the proper performance of the CONSULTANT's obligations hereunder, or in the course of judiclal or legislative proceedings where such information has been properly subpoenaed, any non-?ublic information concerning the services to be rendered by CONSULTANT hereunder, ar.d CONSULTANT shall require all of its employees, agents, subconsultants and subcontrsc:ors to com~ly with the provisions of this paragraph. 1.9. If required pursuant to a Work Order, CONSULTANT agrees to provide to OV,'NE,R professional evaluations 3f the OWNER'S work budget. The evaluations and opinions sh,~.il be delivered to OWNER in accordance with the following schedule: (a) The professional evaluations of the OWNER's work budget sha!l be delivered ,.vi:.": the report, to be furnished by CONSULTANT as part of the Scope of Se."','ises. 1.10. ,...=,,,.~,~,;~,-.~.,.= .~,.., of the OWNER'S budget, prepared by the CONSUL i,,-,,..,, ~ CONSULTANT'S best judgment as an experienced and qualified ;':cfessiona: ,,:ah-,- e.,g~,,== .... gconsul,~nt. ARTICLE T~,'VO ADDI'i':IONAL SERVICES OF CONSULTANT If au,hc,,zed in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule A. The following services shall be Additional Basic Services' 2.1. Preparation of applications and suppomng documents (except those aires.:', to be furnished under this Agreement) for "-'"' ~ pn',=,~ or gsvernmentat crants, loans, bond issues or advances. 2.2. Ser,'ices resut,:ng ,r,~m sicnificant~ changes in the general ~,.,~.~,~-,-,,-,-, ex,~:n, -' -~-~ .... :' r--,roi,:.-t or its desicn includinc, but not limited to, chances in size. comF':exit,,'. Q",'.'NER's .... =.~ule or character of construction; and revisino previously accepted studies repor".s, desic:.n dc:uments or Contract Documents when such revisions are required by changes in av.'s, rules. regulations, ordinances, codes or orders enacted subsequent to and not reas.:na':l', -'~ ' p,,~, to the preparation cf such studies, reports or documents, or are due to any beyond CONSULTANT's control. 2.3 Preparation and submission of information to and necessary consultations with the Col',ie: County Transportation Department, Florida Department of Environmental Protection. Fiorida · ~0, ~ Of DepaKment of Transoor'tation, South Florida Water Management District, U.S. Army Engineers or othe' apr_.ropriate regulato6.' agencies, in order to obtain necessar)' ~_.= .... ~._ or , c~ns,ruchon of the Project. a:prova!sfor ~ ' , ' 2.4 Providing renderings or models for OWNER's use. 2.5. Investigations and studies invoMng detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. 2.6. Furnishing services of independent professional associates and consultants for o~h~r than the contract services to be provided by CONSULTANT hereunder. I OCi 1!, ,. /~0 2.7. Services during out-of-town travel required of CONSULTANT and directed by OWNER. other than visits to the Project site or OWNER's office or local travel as defi,,u, herein. 2.8.. Assistance in connection v,,ith bid protests, rebidding or renegotiating con~racts construction, materials, equipment or services, except as otherwise provided for herein. for 2.9. Providing any' type of property, surveys, aerial photography or related engineering se.'", it. es needed for the transfer of ' ~nteres,s in real property and field surveys for design purpcses and engineering surveys and staking to enable contractors to proceed with their work and other special field surveys. 2.10. Preparation of oDeratinc, maintenance and staff'ina manuals, except as o,.,=~',':s_ provided for herein. 2.11. Preparing to serve or serving as a CONSULTANT or witness for OWNER in an,,,, liti.:ation, or other legal or administrative proceeding, involving the work (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.12. Additional ser,/ices rendered by CONSULTANTS not otherv,,ise provided for in this Agreement or not customaril~ furnished in accordance with generally accepted traffic engineering practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The Owner shall designate in writing a work coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement and a particular Work Order (hereinafter referred to as the "Work Coordinator"). The Work Coordinator shall have authority to transmit instructions, receive information, interpret and define OWNEP,'s policies and decisions with respecl to CONSULTANT's sen'ices for the work. However, the Work Coordinator is not authorized to issue any verbal or written orders or ~n.,nJcho,ns to the CONSULTANT that would have the effect, or be interpreted to have the" e,,ec~, of modifvir',c cr changing in any' ,.,,'ay whatever: (a) The scooe of services to be provided and performed by the CON,._U_ hereunder; ,,-.) The time the CONSULTANT is obligated to commence and complete a:l services' or (c) The amount of compensation the OWNER is obligated or :'"'~'" com,m~:'..., tS. E'~-", :he CONSULTANT. 3.2 The Work Coordinator shall: (al Reviev,, and make appropriate recommendations on all recuests su"'"'- the CONSULTANT for payment for services and work provided and pe,~ormed in acco'dance with this Agreement: (b Provide all criteria and i ~" nform,-..,,,on requested by CONSULTANT as to OWNER's requirements for the P,o]e~,, includinc~ desicn c~;=,-.'; .... constra.nts, space, capacity and pe.dormance requrements, flexibility and expandabilitv, and an,,, budc'"t:r' (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSL'LTANT's disposal all available information in the OW,NE,;:R'S possession pertinent to the Project, including existing drawings, specifica~icr',s. shop drawings, product literature, previous reports and any other data relative to design or construction of the Project (d) Arrange for access to and make all provisions for CONSULTANT to enter the site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereu nd er. I ~':'' _ ~_..~..) ("'.F,}_ ? ! 0 ,T 3 .,. 3.3. CONSULTANT acknowledges that access to any work site, to be arranged byOV,:',ER for CONSULTANT, may be provided during times that are not the normal business hours of the CONSULTANT. 3.4. O\VNER shall be responsible for the acquisition of all easements, prope,'-t'.,' s::es. rights-of-way, or other property rights required for the work and for the costs ,h~reof, the costs of any required land surveys in connection with such acquisition. ARTICLE FOUR TIME 4.1 The period of se,'-vice shall be from the date of execution of this September .:,.,, 2000 or until such time as a!l outstanding VVork Or,.,~rs expiration of the Ac,_~r'r,:ent period have been completed. This Agreement ms,:' be re'te.,.~ ;~r an additional twa years, renewable annuallv. Renewal shall be agr~., to, in , "' parties. 4.2. Services to be rendered by CONSULTANT shall be commenced subsequent t: the execution of this Aoreement~ u~on. v,,ritten N~,~,..~"-= to Proceed from OWNER for a~,' cr an', designated portion of the project established by a \Vork Order and shall be po,dormer: and comp,:~=d in accordanc~ with such Work Order. ~me is of the essence ~,~,, respe ~. the pedormance of this Agreement'. 4.3 Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own faull or neglect, including but not restricted to acts of God or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, ',"~ S~,~K,~S Or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days a~er commencement of such delay, stating the cause or causes thereof, or be deemed to have v,'aived any right which CONSULTANT may have had to request a time extensi,~r~ .... s 1, 0,:] l~, ,. 4.4. No nterrdption interference, inefficiency, suspension or delay in lhe commencement or progress of CONSULTANT's sen;ices from an'),' cause whatsoever, including those fo; which O',,YNER ma.,,, be resaonsible in ,,',,hole or in part, shall relieve CONSULTANT of its Cut'.,,' pedorm or give rise to an.,,, right to damages or additional compensation frcm CONSULTANT's sole remedy against OWNER will be the right to seek an extension cf :~me its schedule. .... ~ paragraph shall expressly apply to claims for early completion, as v.=.. as c,_~m~ based cn late completion. Provided, however, if through no fault cr neg'.e,:: cf CONSu~L-AN-. the services to be provided hereunder have not been com~',ete~ v.::-::'', :-....: calendar years cf a Notice to Proceed, the CONSULTANT's compensation ma,,' ~e ~djus,ed, v,'itn respect to these services that have not yet been per'forme.~, tc --: incremental increase in costs experienced by CONSULTANT after expiration cf t."':e :v.c ,...~.::- period. 4.5. Shoulc the CONSULTANT fail to commence, provide, pe~orm or comple:e an,, cf the services to be provided hereunder in a timely and reasonable manner, in addition to ar.',' c:he: rights or reined:es available to the OV,"NER hereunder, the OWNER at its sole d:_.s:."e::::'" and oT_,tion may withhold any and all payments due and owing to the CONSULTANT un:i', au'ch as the CONSULTANT resumes pe:-formance of its obligations hereunder in such a manne.- sc as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's po:f,.., .... is or will shortly be back on schedule. ARTICLE FIVE COMPENSATION 5.1. The COUNTY wll compensate the CONSULTANT for the services performed on each V.'ori.', Order in accordance with a negotiated lump sum, cost plus fixed fee, or established hourly rate as provided in Schedule A a~ached hereto. 5.2. Subcontractual services, if an),', shall be invoiced by the CONSULTANT at the actual fees paid by the CONSULTANT. 5.3. Reimbursable expenses shall be invoiced for the expenditures incurred b', the CONSULTANT as follows: · 5.3.1. Expenses of transportation and living when traveling in connection with each Work Order, except for Iccal travel within Collier or Lee Counties, as provided in 5e:tion 112.061, Fiorida Statutes. and fees paid for securing approval of authorities ha.'e jurisdiction over the Work Order. 5.3.2. Expenses of reproductions, postage and handling of Drawings and Specifications including duplicate sets at the completion of each Work Order f:r the County's review and approval. 5.3.3. Expense 'of overlime work requiring higher than regular rates, ,,','hen ,.-,u,,,~n~_d by the County. 5.3.4. Expense of mode!s for the County's use. 5.4. Total compensation for all services and expenses shall not exceed the limit listed upon each Work Order without written approval. 5.5. Total initial compensation for all services and expenses shall not exceed $90,000 per Work Order and total contract limit shall not exceed $500,000. 5.6. Paymen~,s for Basic Services, Additional Basic Services, SubcontractuaI Services, and Reimbursable Expenses as defined in Section V, shall CONSULTANT's County-approved itemized invoice. lo be made upon )resentation of the OCi 1 3 ,- . 5.7. Records of Reimbursable Expenses and Expenses pertaining to Add:,tions: Services on the Work Order shall be kept on a generally recogni:ed accounting basis be available and provided to the County with submittal of invoices. ARTICLE SIX OWNERSHIP OF DOCUk. IENTS 6.1. Upon c3mpletion or termination of this Aoreement, allrecords, d°cuments'tracing~" specifications, maps, evaluations, repo~s, computer assisted design or drafting disks a:.: ::"'er tec!",nical data. other than working papers, prepared or deve!oped bv CONSULT,:,,NT u-:.~ Acreemen:v~h-:;i~.. ~_~'~-...._.~.:i '~',"'~,_.~ '~,~ and ~,,,~-~ .... the F__.,'cpe~v. . of O',VNER, CONS~,-- '~ T,:. x-,. ._, . -:. ..._-..- . . ~n,~-,,,~use OWNER agreest: u, ..... : ov,,n ex3ense ma',' retain copies for its flies and ' .... ' . hc;: harmless CONSULTANT with respect to an',, c',aim, loss or damage, inc[udir, c fees ,",",~,'r-~ ~ , . .... ~, ,y CONSULTANT due to the OWNER's use of said records documen:s. plans, s,:--"':"t~-':~"=,~,,s, maps. ev¢,u~uo,,s.-' '-" ,', repcrt, s computer disks and other tecnnicai da:~. on somectherv.'crkunless such use is authorized by CONSULTANT. Owner a~r-,nov,,=-.~--~ :hat the r',-,.-,~,,~,~.,.,:'~ work under this Acreement produces instruments of professional se.'".i:es, not prcdu'-' 6.2. With respect to and in consideration for the indemnification provided by OWNER in paragraphs 6.1. above. CONSULTANT aorees to pay to OWNER S10.00, the ''= ...... ~ receipt of which is acknowledged through the signing of this Agreement. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT ,,viii keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CO~qSULTANT for a minimum of five (5) years from the date of termination of this Agreement or the date the work is completed, whichever is later. OWNER, or any duly authorized agents or ra;resentatives of OWNER, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of tl~i-s-~c~reemenL and' during the five (5) year period noted above; provided, however, such activity only during normal business hours· ARTICLE EIGHT INDEN1NIFICATION 8 1 The CONSULTANT in consideration of S10.00, the sufficiency and ~"';'-, ". acknowledced throuc~h the signing of this Agreement shall protect, d~--~ in,z. emn~f', a-: OV,"NER and its officers, employees and agents harmtess from and against an',. and a'.: ' _ _ C,..,S,_ Cf lit;cat:- penalties, damaces, professional fees, includina a~orney fees and all "'~ _ judcm-.ms arising out of any willful misconduct or negligent act, error or c.'-,::~ .... CONSULTANT, its Subcon_ul,a,,,:, Subcont,=,,ors. acents or emplo.,,rees, ar.s;,",: _. :~ incidenta! to the performance of this Acreement or work pedormed the."eu~-' Tr, e con_,d:,=~on exchanged and the provisions oftn',s paragraph shall also pen.a~n tc ar'.', arms brough: agains~ the OWNER its officers, employees or agents by any em~Io.vee c', Ire .-..;'-.'- CO.',SU'LTA;,- cr an',' ~:,,~"'~ h,.,,,:,., in an';' v.'av by the agreed upon contract price as shown ~n this A_:."eemen: :' :-.e CO;qSU'_TANT'S limit of, or lack of. sufiScient insurance 8.2. CONSULTANT acl-.nov,,ledc]es, that the general conditions of any construction contra:: '"'~, ,=~-' CONSULTANT creates in pedormance of a Work Order shall include lancuace.~ _ s~us,~" ~ ...... .... : to t:"',e OWNER's attorney, in which the contractor agrees to hold harmless "-'"-'" '~ '"-'--~ O'.',':":ER its acents and employees from all suits and " . _ ac,ions, including attorney's fees and all css:s of ,,~_~=J.., and judgments of any name and description arising out of or mm.d=n,=l ts the Fedormance of the construction contract or work pedormed thereunder. 12 ARTICLE NINE INSURANCE a 1 Durinc the life of the Acreement (and until final acceptance by Owner for work under any Work Order issued by Owner) the CONSULTANT shall pro',,"'"-' - maintain, with companies satisfactory to the OWNER, the type and amounts cf described herein and on Exhibit B. All insurance shall be from responsible ccm:z:'- e_.: authorized to do business in ,h,: S,¢..te of Florida and/or responsible risk re:e:".:.: insurance companies _'~'"','- ~ rec~_,~,=,., v,,ith the State of Florida. Promptly after v. rt?'.e.-', Nut.re cf Award is issued by the OWN='-',~. the insurance coveraees_ and limitsr=~,.,,,=~'-' must ~_'-,: evidenced b',. pro,,.._,ly executed Certificates of Insurance on forms v,'hich are ¢:cet:z:~e O','.,'NER. The Certificates must be personally, manually sic, ned~,,, the .-,_,.', R~3,~s~n,,:,.~,.~s ot the insurance c.ompany"ccmpanies shown on the Ce,qificate ,,,,.::n :.-::; he.'she is an authorized representative thereof. In addition, certified, true and exact ct:es ,:.f ar'. insurance F,.O!i:ies required shall be provided to the OWNER, on a timely bas:,s, if re:utter b..' the OWNER. These Ce~ificates and policies shall contain provisions that t:ir':', i.3" ca,,s ,,,, ~,=n notice bv reoistered or ce,rafted mail shall be civen to the OWNEP, of a-, .... ~n~n~ not to renev,', or reduction in the policies' ,",'-,v"-,r=,-'."~ exce2t in the a2..?.::c~t~,c,q Ac~recate Limits Provisions. In the event ora reduction in theA~are~ate Limits of~r',v poiic.v. t,,~ CONSULTANT shall immediately take steps to have the Aggregate Limit r=~ns,a,=, to the full extent permit-ted under such policy. All insurance coverages of the CONSULTA.".,~T shaii be ~"" '~'~ tO primary to an,/ insurance or self-insurance program carried by the OWNER a,...,..h~=._,~= the ¥', OrK. 9.2. The acceptance by the OWNER of any Certificate of Insurance evidencing the insurance coverages and limits required in this Agreement does not constitute approval or agreement bv the OWNER that the insurance requirements have been met or that the insurance policies the Certificates of Insurance are in compliance with the requirements of this S N O'.VN Or'l Agreement. ...,.,,an... are 9.3. No v,'ork shall commence unless and until the required Certificates ef i-~ .... -' received and the ,,vr[tten Notice to Proceed is issued to the CONSULTANT by the 9.4. Prompt!y after written Notice of Award is issued by tile OWNER and prior to any work CONSULTAI"IT shall procure and maintain insurance of the types an: ,~ ~ bruits specified in Schedule B entitled "Insurance Coverage", which is attached hereto and rr',,z-.:e part, hereof. CONSULTANT shall require each of its subconsultants and subcontractors to procure and maintain, until the completion of that subconsultant's or subcontractors ,,',or'.,.:. insurance of the types and to the limits specified in Schedule B. unless such ins'..:rance requirement for the subconsuitant or subcontractor is expressly waived in v,'fit~ng ~', t,"',e ~' "'- unreasonably withheld upon CONSULTANT r='"'r¢~-e:',: ,""___.- ir:. O\",.'NER. Sa~d ,,var, vet shall n~.~ ,..,= ...... writing to OWNER that CONSULTANT's existing coverage includes and co,,ers :'-',e su..,~onsul,=n~s and subcontractors for which a v,,a~,.,er is sought, and that such c:'.e:aze .s :r'. conformance v,,ith the types and limits of insurance specified in Schedule E_. A;i insurancep,...~,,..~._.-"~'~ other ",n~:, ,~- the Professional Liability, V,/orker's Compensation an:': m-'-.: ers Lia:ilit,;, pulis!es.,...,~,=,"'~'~ ,~"-'=~ by CONSULTANT to meet the requirements of this Ac,:ee.,"r',e":.,_ name OWNER as an additional insured as to the o,_,er~:~ons of the OONSUL ~,~,',~ u, Agreement and the Contract Documents and shall contain severabi~ipx of interests 9.5,. If any insurance provided pursuant to this Agreement expires prior to the compieti:", and C~, ,1,,,~._ s of final acceptance by Owner 'cf any works, performed hereunder, renewal "'""~'~-'- Insurance and, if requested by Owner, certified, true cepies of the renewal pul;ties sba:: be furnished by CONSULTANT thir'ty (30) days prior to the date of expiration. 9.6' 'Should at any time the CONSULTANT not maintain the insurance coverages required in this Agreement, the OWNER may cancel this Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. The OWNER shall be under no obligation to purchase such insurance, nor shall it responsible for the coverages purchased or the insurance company or com,p.a.n.ies used. ... i "' I r.,.,:i ~: [4 ~ ,., .. The decision of the OWNER to purchase such insurance coverages shall ia r',¢ v,'av be construed to be a waiver of its rights under this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The ~ '~ ~ s,r",,c~s to be performed hereunder shall be performed by CONSULTANT's ov.,n s,a,,, unless other, vise authorized in writing by the OWNER. The employment cf. contract or use of the services of any other person or firm by CONSULTANT, as indepen~er:t cor. s',:!tant or,~,,'"'h;,...o_,~= ~ha!l ~e subject to the prior written approval of the OWNER. No ..... ;-'-, '"~th!s A,..,r ...... nt sha!i hov,,ever, be construed as constituting an agreement be~veen the OWNER and any such other person or firm. Nor shall anything contained herein be deemed to give any such partv or any third party any claim or right of action against the OWNER be'Fond ' ¢~' - SU~,, aS may oth~r,,,s~ exist v,ithDut regard to this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11 1. CO ,,S,...,_ lAN i s acceptance of final payment under any Work Order shall · c,.., ,-,,l~,.,~: a full waiver of an,/ and all claims, except for insurance company subrogation claims, by it aga!,nst OWNER arisinc out of this Acreement or otherv,ise related to the work. except those made in v,,riting and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance cf CONSULTANT's services nor payment by OWNER shall be deemed to be a v,'aiver of any of OWNER's rights against CONSULTANT. ARTICLE 'D,"VE LVE TERMINATION OR SUSPENSION 12.'~. CONSULTANT shall be considered in material default of this Agreement and such default ,,,,,ill be considered cause for OWNER to terminate this Agreement, in ,,',,hole or in para. as, ..... ~r set f,~P,h in this section, for any of the following reasons: (a) failure to begin v,,ork under the Agreement within the t~mes specified under the Notice(s) to Proceed, or (b) failure topr.,~.,,.,, and timely per'form the ser-,,,ices to be provided hereunder or as directed by O\¥NE.R. or ,',:) bankruptcy or insolvency or a general assignment for the benefit of creditors b.v CONSULTANT or by any of CONSULTANT's principa!s, officers or directors, or (d) failure to obev lav, s. ordinances, regulations or other codes of conduct, or (e) failure to perform or abide bv the terms or spirit of this Agreement, or (f') for any other just cause. The OWNER may so terminate this Agreement. in whole or in pa.-t, b:,, giving the CONSULTANT se,/er~ (7) calendar days notice. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 a2cve, it is determined for any reason that CONSULTANT was not in default, or that its default v,'as excusable, or that OWNER otherv/ise ',','as not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of' termination provided for in paragraph 12.3 below and CONSULTANT's remedies against OWNER shall be the same as and limited to those afforded CONSULTANT under paragraph 12.3 below. 123. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT's recovery against OWNER shall be limited to that pod, ion of the fee earned through the date of termination, together with any retai,",ace v.,ithheid and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recove:), against OWNER, including, but not limited to, anticipated fees or profits on work not requffed to be pedormed. ",2.4. Upon t~r,,,~na,~on~-' " , the CONSULTANT shall deliver to the OWNER all oricinal pap--'"s, _, . records, documents, drawings, models, and other material set forth and '.: ~-'~.:-~ ' cvs,.,,~ in this Agreement. 12.5. The O%'NER shall have the power to suspend all or any portions of the se.'-~'ices to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior v,'rit!,en notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth n A~icle Four herein. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained an.,,' companv or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee workinc solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule C stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto sh~ll be aclus,=~ to exclude any significant sums by which the OWNER determines the Acreement price ,,,,,as increased due to inaccurate, incomplete, or non-current wage rates and other f.~,:tus', uni: costs. Ail such Agreement. adjustments shall be made within one (1) year follov,,ing the end of this ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest. either direct or indirect, which would conflict in any manner with the pedormance cf se,'-:ices required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon the parties unless in writing and executed b.y the party or parties intended to be bound by it. 18 ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. Ali notices required or made pursuant to this Agreement to be given bv the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand or b,v United States Pcstal Service Department, first class mail service, postage prepaid, return re:eipt requested, addressed to the following OWNER's address of record: Board of County Commissioners, Collier County Florida Transportation Sen,ices Department 3301 Tamiami Trail East Naples, FI. 33962 At:ention: klr. EdKant, Director 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand or by the United S~ates Postal Ser~,,ice Department, first class mail service, postage prepaid, return receipt requested, ~.,,.,, ~ss~._, to the following CONSULTANT's address of record -indale Oliver and Associates, nc. 1000 N. Ashley Drive Suite 316 Tampa, Florida 33602 At'tention: William E. Oliver, P.E. 16.3. Either party may change its address of record by written notice to the other part,;, given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No "'~'~" mo,..,~,~a,~on, v,,aiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waiver by either party of a breach of any prevision of this Agreement shall not be deemed to be a waiver of any other brea:h and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the A~,icles, Schedules, Parts and Attachments as contained ~n ,n,s Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such AP, icles, Schedules, Pa~s and Attachments. 17.6. This Agreement, initially' consisting of 26 continuously numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 2O ARTICLE EIGHTEEN APPLICABLE LAW 18.1. Unless otherwise specified, this Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by the laws, rules and regulations of the United States when providing services funded by the United States government. Any suit or action brought by either part.,,' to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida state court in Collier County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Professional Traffic Engineering Consultant Services the day and year first written above. ATTEST: Dwight E. Brock, Clerk By: Date: Approved as to form and legal sufficiency Assis~nt Count{/Attorney BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: Barbara B. Berry, Chairman (Name of Corporation) Tindale-Oliver and Associates, In:-. 1000 .N. Ashley Drive, Suite 310 i a:~',t-~a. ~ 33o02 Witnessed' (Type name):VTa,,'~v O:~rdeL-o (Type name): William ~.'Balf (CORPORATE SEAL) (Type name): Wil].~am E. Ol_iver (Title): Senior Vice President SCHEDULE A iConsultant's Employee Hourly Rate Schedule BilliXG K-tiE 137.65 111 ~ 6g .00 gf .0~ 51.54 END OF SCHEDULE A 22 SCHEDULE B INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of insurance Services Off]ce (ISO) forms and endorsements or their equivalents. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Insurance shall be maintained by the Contractor/Consultant/ Professional during the term of this Agreement for all ~,,,,h the lav,,s of the State of Flcrida. engaged in the ,,v,3rk under this Agreement in accordance ''~' The amounts of such insurance shall not be less than: a. Worker's Compensation. Florida Statutory Requirements b. Employers' L!ability (check one) X S 100,000 Each Accident S500,000 Disease Aggregate $'~00,000 Disease Each Employee (2) The insurance company shall v,'aive its Rights of Subrogation against the Owner and the poIic'.,' sha!l be so endorsed. COMMERCIAL GENERAL LIABILITY Insurance shall be maintained by the Contractor,'Consultant.'Professional. Coverage will include, but not be limited to, Bodily Injury. Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Prope~y Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the Owner of the work under this Agreement. Limits of Liability shall not be less than the following: (check one) General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $1,000,000 $1,000,000 Sl,000,000 Sl,000,000 S 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shal~ be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Pat,. The General Aoore,.qate Limit under LIMITS OF INSURANCE applies separately to each of :,'our projects away from premises ov,,ned by or rented to you." (3) If the General Liability insurance required herein is issued or renev,,ed cna "claims made" basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that in the event of cancellation or non-renewal the Extended Reporting Period (Discovery Period) for claims shall be no less than three (3) years. (4) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primal' to any similar coverage carried by the Owner. AUTOMOBILE LIABILITY INSURANCE shall be maintained by the Contractor / Consultant t Professional for the ownership, maintenance or use of any ov,,ned, non-owned or hired vehicle with 'limits of not less than: (check one) X Bodily Injury & Property Damage - S 500,000 24 PROFESSIONAL LIABILITY INSURANCE shall be maintained by the Consultant.fProfessional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than X $1,000,00C, each claim and in the aggregate (2) An':,, deductible applicable to any claim shall be the sole responsibilit.v of the Consultant.~Professional ann shall not be greater than $50,000 each claim. (3) The Consultant.,'Professional shall continue this coverage for this Project for a period of not less than five (5)/ears folio'wing completion and acceptance of the Project by the Owner. END OF SCHEDULE B. IN,..SURANUb :", -- :: CERTIFICATE OF i?.s'dr&xce AsscclA'~S 33~22-2~69 iinlaLe-C 2; '.'er & THIS CERTIFICATE IS ISSUED AS A MATTER CF INFORMA',';C~ ONLY AND CONFERS NO RIGHTS UPON THE HOLDER. THIS CERTIFICATE DOES NOT AMEND. E×q'END C: ALTER THE COVERAGE AFFORDED BY THE COMPANIESAFFORD:NC, COVEAAS5 .:..s=-rc!:_%es, i:-.c. eA~.,er~can Zurirk :.-.s. Cc. C Sec'.:r: z':,' g cf Earzfzrd COVEAAGES !NC.CAT-:_~, Ng-.,,~ST'.N2'.A -'~:Y ~':%_ :.E'.'E'.U TE:'.' C: ZC".i,-C', C= A%Y ~2~,,-.~_, .- ~"'z- - ..... ' .... . .... ..- _~L~2L',.'$:CN5 -'%2 CC%2-.C';S C~ ?'JC~ :t_ C.E5 '_MRS .~": ·',"; '.'~,Y ~:,, E ~SE'l F-.E2L"CED Ev PA:D :-,5:'-- 5:':' : E F.~: F. FF~FE-ZE32-"~m. nual cznura:: far Traffic En~ineerin~ Czns'alu~n: (See At:a:he! :cneau!e. ) CERTIFICATE HOLDER /er Co'an .'z' ~ ........ ....... ~--; Trai~ East ":-'== FL 34' ~ CANCELLATION DESCRIPTIONS (Contlnuea lrom page ~.) The Cer-ificate Holder is listed as an Additional Insured wi h r_s~e to the Ge.hera'. Liability and auto Lia_.'~{!ity policy. C~SGEM252f~.'9312 of 2 ~:159t4 u2., i3 ;L:.: - SCHEDULE C TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287,055. Florida Statutes, !.4/t..~ !~-,,. [. ~'[/,~,,/~'l..~" hereby certifies that wages, rates and other factual unit costs supporting the compensation for the Professional Trafl'~c Engineering Consultant Services of the CONSULTANT to be provided under the Professional Services Agreement are accurate, complete and current as of the time of contracting. Revised' JUNE 3, 1997 AC 26 EXECUTIVE SUMMARY APPROVE A RESOIXJTION AI)I)ROVING TFJ~.MS OF OFFICE FOR MEMBEP, S APPOINTED TO THE RAI)IO R()AI) BI:.AIJTIFI(~.ATION ADVISORY COMMITTEF.. ~: To approve thc attached resolution which establishes term limits for nmmbers appointed to the Radio Road Beautification Advisory Committee. CONSIDERATIONS: On October 21, 1997, the Board of County Commissioners approved Ordinance No. 97-52, establishing and creating the Radio Road Beautification Advisory Committee, which provides that the Committee shall be composed of five (5) members. Ordinance No. 97-52 also provides that thc terms of office of thc appointed members shall be established by resolution. On September 14, 1998, at the regularly scheduled Radio Road Beautification Advisory Committee meeting, tile terms of office were decided as follows: Mcmbcr Term Expiration of Term Kathryn Godfrey-Irwin 2 years Lcona t lyland 3 years Crystal Kin×el 2 years Wilfred Jaeger 3 years Woll~ang Schulz 4 years March 3, 2000 March 3, 2001 March 3,200{) March 3, 2001 March 3, 2002 FISCAL IMPACT: None. GROWTH MAN&CEMENT IMPACT: None. RECOMMENDATION: That thc Board of County Commissioners approve thc Resolution approving tile terms of office for the members appointed to the Radio Road Beautification Advisory Committee and direct its chairman to execute thc Resolution. PREPARED P. usscI~ M t, 11 erf~.,~gi n e?~.?~ ' REVIEWED BY: E,~ ~rransportation Services Director REVIEWED ~~~._ Ed Ilschner, Public Works Administrator F.x Sum Radio Rd Rcso.doc DATE: DATE: DATE:/,~ -2. - ,~,~ 1 5 6 7 ll 12 ~3 17 20 21 23 25 ~7 2,~ 3~ 31 32 33 3-; 35 37 3S 39 41 42 43 45 46 47 RESOLUTION NO. 98- A RESOLUTION APPROVING TERblS OF OFFICE OF blEMBERS APPOINTED TO Tile RADIO ROAD BEAUTIFICATION ADVISORY COMMITTEE. WItEREAS, Collier County Ordinance No. 97-52 created anti established tile Radio Road Beautification Advisory Comnqltce and provides that the cmnmhtce shall bc compc~sctl of five (5) members; and WI{EREAS, Ordinance No. 97-52 provides that Iht terms of officc of thc appointed members shall be by rcsolution of thc Board of County Commissioners; ami WHEREAS, the terms of o~ce of members of the Radio Rnad Hcautification AdvisoE¢ ('omnlittec wi:re decided on September } 4, 1998. NOW, TIIEREI:ORF., BI:. IT RI!SOI.VF.D BY TIlE DOARD OF COUN'FY COMMISSIONERS OF COLLIER COUNTY, FI.ORH)A, that lomas of office of thc Radio Road Beautifit:ation Advisory Cormnittce are hereby approved the Board as follows: ,MEMBER TERM OF YEARS EXPIRATION OF TERM Cryslal Kmzel 2 March 3, 2000 Kath~n Godffcy-l~in 2 March 3. 2000 I.cona I Iyf;m,I 3 March 3, 2OOI Wi l fred Jaeger 3 March 3.20OI Wolf gang Schulz 4 March 3. _0 1. This Rcsolt,tion adopted after motion, second an,:l majority ',.'otc. [)A'FI!D: ..VI 'T I'.'S T: I)\V'I(;IIT E. BROCK, Clerk Il(JARl) OF COUNTY COMMISSIONERS COLLIF. R COUNTY, FLORIDA .'\ppr,wcd as to (ors1 and legal sul'licicnc): P, AP, B,,\RA B. P, ERRY, Ch;fimmn D;wid C. Wcigcl ('lHIIlly /\llornc~ f 1(' W,"L n EXECUTIVE SUSIMARY APPROVAL OF A LEASE AGREEMENT BETWEI;;N COI,LIER COUNTY AND LONG BAY PARTNERS, I,I,C FOil USE OF V..\CANT I,ANI) IN SECTION 24, TO\VNSIIIP 48, RANGE 25 ~: ,,\pproval of a l.casc Agreement between Collier County ("County") and Long Bay Partners, LLC for usc ot'('ounty-owncd vacant land. CONSIDEI~VI'ION: Collier County has been approached by Long Bay Partners, LLC ("I.,BP") for utilization of 1.51 acres of vacant laml located at thc northwest intersection of lmmokalec Road and the proposed Livingston Roml F. xtcnsion This properly was acquired in 1990 by Collier County for the Livingston Road Extension project. Through a Developer Agreement with Collier County, LBP ,,viii be constructing the eastern two (2) lanes of Livingston Road up(m con'm'~cnccment of their proposed development. LBP is requesting to place a mobile office unit on the subject properly to serve as a sales center for the company's proposed residential development which will be along thc future Livingston Road. LBP has provided color renderings of tlm conceptual prospective of thc proposed facility which includes a paved parking area, approl~riatc signagc and a heavily landscaped bulTcr surrounding the 3,000 - 5,000 square foot mo}',ilc sales center. Pursuant to Florida Statute, thc l_.cga[ Notice was advertised in the NcU)/ex Daih, New.v on August 21 and August 28, 1998. 'Ibc l.cgal .",'otice was advertised once (1) a wcck for txvo (2) consecutive xvecks. The oniv response to thc notice was received bv LBP. The notice required the awarded bidder to pay all costs associated with thc publication of the advertisement. The Affidavit of Publication from the Nal~,'ex Daih' ?v'cnw has been attached. The conditions outlined in :he notice ~cludcs a three {3) .','car term with it provision For Collier County to tcm~inatcthc l,casc by providing I.BP xvith sixty (60) days written notice. The n]ininmm annual rent specified in thc notice was Five '['housand Two Hundred Eighty-Five Dollars ($5,285.00) which was based on an in-house market analysis completed by thc County's Review Appraiser. At the expiration of thc Lease tmnn, any and all improvements placed upon tho subject property, including, but not limited to, the mobile office unit, asphalt parking area and signage shall bo removed. Thc required insurance policy shall bc provided as directed by thc Collier County Risk Management Depamment. All required permits mt[st be obtained in order to install a mobile office unit at thc subject prope~y. LBP must conform to any ired all Cotmty codes relating to improvements made upon 'be property. In LBP's scaled bid, which is attached, thc tm'm requested commences March l, 1999 and shall terminate February 28, ~ '~ -{1()... [.lip hasoff~rcd an to pay an annual rental ofTwclvc Tbousand Dollars and No Cents ($12,000.00). [.ItP has also of tiered to provide compacted fill to be left on the site for usc in thc fi~ttlrc Livingston l~oad p,'ojcct. Thc Seven '['housand (7,000) cubic yards of fill is valued at Fifty-Two Thousand Five lttmdrcd l)ollars and No Cents (S52,500.00). As mention'cd ~rcviously, the parking area shall bo paved with asph:~lt and heavily landscaped. At thc expiration or,he ~ ~g~ 0CI 1 3 1998 PO._ ~ the Lease, at thc County's direction, LBP shall remove or relocate the landscaping at LBP's expense to an5' location v, ithin thc Li,, ingston Road corridor for the County's use. This Lease tins been reviewed by thc Office of tile County Attorney, Risk Management Department and Transportation Department. FISCAL IMPACT: The annual rent, as proposed by Long Bay Properties, Inc., of Twelve Thousand Dollars (5;12,000.00) shall be deposited into the following account number upon commencement of the Lease tem~ of June 1. 1999. Fund' Cost Center: Project: 101 - Road and Bridge 163610 - Transporlation Administration 362180- LcascLand GROWTtt blANAGE,MENT: None RECOM.XlENDATION: That tl~e Board of County Commissioners approve the attached Lease Agreement between Collier County' and Long Bay Panners, LLC and authorize its Chairman to execute same. PREPARED BI': /icc ',-, \' t Michael H. Dowling, Rcal'Fro~rty Specialist, Department REVIEWED BY: ,5; . ~.~ DATE: SanCta Tfiylor, Director. Real Proper~4anagement Depa~ment APPROVED BY~ ~' ~' Ed Ilschner, Administralor. Public Works Division DATE: /'-' :~ Real Property Management ;, ( #0. ~ I OCl t 3 Lease ~ L 'tSXSi~_A~J .~LI2,~ '1111S LEASE A~;RF.I{ME,Xgl' entered Into lh~s ____ da)' of __ , 199S. between I.ONG llAY PAR'I%'EP.S I.I .C. a Flomta I.nmlcd I.xahlhly I 'm~pan)', ~s hose marling address ~s 3.151 Bonita Bay Bmflcvard, SuHc 202. lhmKa Sprm~s. }:lunda 341)4-43u5. hereinafter tefcncd Io as "I,ESfiI{I?. and COLLIER COUN-IW, a ~hucal subthv~smn of the Slale of Florida, ~hosr mailing addtc~s is 3301 l:asl Tam~am~ 'I raft, Naples. Ftonda 34112, hcrema tier rc Nncd lo as 'I.I~SSOR". W{ I hi..%.qtt'l Il In cn;lslderahon of thc nlulual cJJYel'-JarJts (~l.~ntatt~ed h(.,rclj;-~, and O[}ler vaJuahJe COllSldcratlon. the parties AR l]Ct !'~ I. Denus,:,,l .['.~cmtscs LI-.SSOR hereby Ica.scs h, I. ESSF. E and LF. SSEk hereby leases from L[:.SSOR the p, opcrly described m Exhibfl "A' v.h:ch tg aumched hereto and made a part of th~s Lease, hereinafter called the "I)cm~scd Premises'. s~tualcd tn the Count>' of Colhcr and thc Stale of Firm(la, In order to install a modular office and related improvements for the purpose of operating a sales center fl~r LF. SSF. I!'S future rm,Jcnt~al develovment. ARTICI.F 2. Ir~m 9f Lca~c I.I:SSE[: shall have and h~,kl file Dcn')~,cd I'tennscs lot a term of 'lhtcc (3) years, cormncncmg on March I. Igug. and ell(hog February. 28. ~0[)~. '~ '~ I.}-5SOR reserves thc right lo tcmnnatc this l.casc, by providing LESSEE:. with sixty 160) days written noHcc lu thc add/eq~ se: fi)nh in A~clc 13 of th~s l.easc. Sa~tl nohce shall bc cffcctwe upon personal dehxery, overnight dehx :~' sc~'~cc or placcmen~ of thc notice ii1 all official deposlloD' oJ' lhe Umtcd States Post Of fi,e. F'.cgtstcrc,t ,,- ('crI:ficd Nla~l. l'nstagc Prepaid AR'rlCI_I 3 gxnl l. IKSt:l: he;cb', c.wcnants and agrcc'~ to pa5' as real for the [~ctmscd Prenl~ses thc sum of 'lwelvc qhousaml [),,liars and p') IL~U ('c~ls (S12.0{~0 t}0) per annum lo be pa~d tn Iwo (21 equal ~nstallmems or 5ix ] housand [)oH;irs and ()il III0 ('ClVS {S(,,(~I)O (101 each. on June I. lggg and l)cccmber 1. 1999 fl~r the first year o~' ;he l.ca,c and {m ibc ~anle days specified I;~r each cnsmng year t)f the l.ease lcrnl I.ESSI(t~ ~]11 also bc rcs~ms:~dc Ii,r thc p;~?n:cnt ofaddmonal ~crlt as provided for in AR'I'I('I.}~ 4 of this l.casc. I.ESSHi shall p.Lv all costs associated with Ihe Demised Premtses lnck~dmg, but not linnted to. landscaping se~'~ce, jamt,mal service and any ulfi~ty charges Uttl~ry charges shall include, but shall not bc hm}ted to. tJtCUlClI), hgEt, heat, alt condmonmg, prover, water, sewer and telephone or ot~er commun~camm set,aces used. rmdered or supphed thereupon or m co~ccmm x~th :he Dcnnscd Premises if I.ESSOR elecLs to supp',y any scrv~ccs. LI SSEE agrees lo pay the same as addmtmaI ren~ w~th;n lMrW (30) days tH' ~Is recetpt of the I.ESS;OR'S b~H or m~ulcc ARTICI.k 5. ~.M,~,~a~fi~.ms tu Dcm. u~d_tLr._cnll~c~ i.[(SSI!I: shall bc ;diov,.cd lo Inslali upon the I)en'H,,ed Premises. by follo',s'mg the pruccdure stated bclov,', landscaping co.mperable Itl the proposal depicted on I.ESSI!E'S drawing dated August 7. lings: paved parking area: appropriate s~gnagc and thc modular office Itself LESSEE shah provide seven thousand (7.000) cubic yards o~' co?~pactcd fill to tile l)em~sed l'renuses that shall remain the property of thc LESSOR. If LESSOR m d~rccts, at the termination of th~ [.case. Pr:or Itl making any improvements, add~t;ons, changes or aJteralmns to the Demised ['renl~scs. I.ESSt-f wH! prov:de t~, I.[:SSOR all proposals and plans for altcra~mns, ~mprovements, changes o: addmoni lo Ihe [~m~-d }'rcm~scs for LESSOR'S wnnrn approval, specify:ag m wnhng file nature and exlent of the tm~e for ~uch project. I.ESS()R or ~ls designee will then have :htr;? ~30} days w~thin ~'h~ch Io approve or deny m ~rmng ~d reques: for changes, improvements, alteraHons or addmons. LESSOR shall not unreasonabh' w;thhuld ;ts consent h~ rcqmrrd ~r appropriate aherahons, unprovemenls, changes or addmons proposed b~' [.ESSI(F If alicr Ihlrl5 (3B dayq Ihere has hccn no respm~se from [.[iSSOR or tis designee to silld pr<u~osals ur plans, then such ~Hc;:cc d~all be deemed as a den:al to such request to kESSkli. [.[iSgF. l: covcuants and agrees m connechon ~lth an) maintenance, ~cpatr work, ereCllon, construction, :H]provemenL addmon or allera;ion o~ any authmizcd modifications, addmons or lmprt)vcmcnts lo thc [ scml~ed I';em. es. Its obse~'e anti comply Wllh all then anti future applicable laws, otdmaoces, rules. rcgulal]ons, and rcquuements of the Umted States of ~er:ca, State of Florida, Uounty of Collier. and any and all goxernn~cn:aI a~enc~e~ ..",ii ahcra:.m,,, un?r(,',cments anti additions ~o said Demised I'remiscs. except for the mstallcd land~ca;.:::t' and co:hi'acted fit1, shall rmnam the pr.perth, of Ihe I.I.SSI.]~ WhCl~ made o{ lllMa]lcd hi thc Dem:sed [':eml~e~ lh:or lo the cxpmmim or early tc~matmn of th~s Lease. LESSEE shall promptly remove lF,¢ add~lxo:ls, mq~mvcment% alterations, fixtures and In~tallamms which were placed m. on, or upt)n the L)em:scd I'tcm~ses by I.I. SSE[{. and repair any damage occasioned 1o the Demised Premises by such removal: and m default there.f, I ESS/')P ma7 c,~mpl<e sa~d remt,',al~ and repairs al I,I:SSI:E'S expense. I,ESSEI~'S pavmff ~ha',; remain on the Dem:sed Premises unless LI;SSOR requests the removal of thc paving A: the :c'-:rur. a:l m of Il'its l.ease, the I.ESSt IR shall have the right to retain any and all landscaping placed ~:por: tl;e l)em:~cd Premises hy the LI:SS}~]{ for the I.}'~SSOR'S use along the l.ivmgston Road corridor 'Iht I.ESS;F.)., Ul,.n I.I..S.k,C}R'5, ¢htechlm. six:ill relocate ami/or retrieve said landscaping from Dmmsed Premises at t~:e sole cost and expense .fthc LESSEE, 'lEe LESSC)R shall also have the right to retain t~'~c seven Iilollsi!I;d tT.0(JOi ctihlc ~,a:dh (~ cnmpacted fill placed upon the ])cm~cd Premises by I. ESSEk LESSOR shall bc rcspons:hlc fl~r thc d:splaccmcnt of thc fill LESSEI~ shall coordinate the rclocat~t,~: and ,~r rcm~wal of any .r all ]andscapmg and the retentmn of the compacted fill by mutual agreeme:~l w~lh fire I.t:~,M)J{ at least ~h:r:)(30} days prior lo fl~c te~nat~on ofthts l,ease. i.l'SS!:l, co',cr;a:~t, and agrees n~t to use, occupy, s~lffcr or perm, said l)emlsed Premises or any parl a~ll}lorl:v I.[:SS¢)V., ~:,~ d~.}v au:heel/cd agents, represental:,.cs and employees, shall ha;'e thc right after rcasonab',c nor:cc :o I.F, SSEI:. ti) er:Ice :ntt, and upon the l)ermsed Premises or any par~ thereof at all reasonable :~-urs h,r the p.rpose of examining thc same and making repa:rs ur providing se~'lCeS therein, and AR I R'!. k - -'X.~;g;:'ll¢liLi~nd Sublettm~ I.E.qSF.'[i covenan:s and agrees not to asssgn th;s I ease uf IJle LESSEE or to sublet the whole or any part of thc 13enused I'rem:ses. or lo pemut any other persons lo .ccupy same wrthout the wrmcn consent ,(f LESSOR wtuch consent d~all not be unreasonably '..vithheid. Any such assignment or subletting, even with thc consen: o: I.}".SS~)R. st ali nOl rehevc lESSEE from hahlht.,, for payn''ent of rent or other sums hereto !',r.vldcd .r tr,,nr :}it' o!,':ga:lon to keep ;Itltt bc bound by the ten:as, ct:,nd~tlons and covenants of this lease. Thc accep:a:~ce t,f re:,; Ir,mi any o:hcr person sisal! not bc deemed lo bca v.'n~vcr or any of the pro','~sxons of tillS. I.casc or to I'e :1 C,,I15C:S: ii, lite assignment of this Lease or stlb]ctllng of the I)emlsed Premises Lh.";Slili. m cons~derat:or~ of'ICh I}ollars ($lOOtl~. thc receipt and sufficlencv of wb:ch ~s hereby ackm,',.,,ledged, s~',alI mdemnify, defend arid hold harrnlc'gs I.F. SSOR. tis agents and'employees from an~l against any and all ha?~:hty {slatut,.w) or olhcr,,t:scL damages, claims, suits, demantL~, judgments, costs, mitres: and expenses {including. but no: Jun:lcd ItL attome,,~' (ecs and disbursements bolh al ir:al appc~lalc Icvc!.q arising, directly ur indirectly. Ir.m a::v :n.mr'y lu, or death of, aIly person or persons or damage '.o ;m~pcr::, (trlclt.hng luss t)f t:se tt:creoft rt']atcd to {:\) [.[iSSEt~'S use ill thc l)crmsed Premises, any work t,r tlung ~'.hats,~e,.'cr done, or aa~ cond:ll.n created ~oihcr than by I. ESSOR, its employees, agents or cont;-ac~ors} ?,x or t,n behalf' o£ l_ENSI:[{ m ur about thc l)cmlscd Prom:scs, (C) at',.',' condition of tile Item;sod Prcnltscs dt~e :o or resuhmg from any defauh bb' I.ESSEE in the performance of I.ESSF. E'S obhgat~or;s ur, der Ii'lis l.ease, or (D) an.', act. omsss~un or neghgencc of LESSEE or its agents, contractors. emplc, yccs. subtcnanls, licensees or lm.'stces. In case an.',' acmm or proceeding is brought against LESSOR by reason of an?' one or more thereof, LI'~SSEE shall pa.',' all costs, attorneys' fees, expenses and habflmes resuhmg therefrom nnd .,hall defend such acnon or proceeding If LESSOR shall so request, at LESSE[:"S expense, by counsel reasonably satlsl'aclc, D,j to LI'~SSOR. The LESSOR shale not be hable for an)' tnjuD o: damage to person or properly caused by the clements or by other persons m Ihe l)ermsed Premises. or from thc street or sub-surface, or from ~v. other place, or for any interim'fence caused by opcrat:ons by or for a go~emmenla; authority ~n construcUon of any pubhc or quasl-pubhc x~ ork.4. 13:c I.[iSS()R shall m~t bc hahle for any damages Io or Io~s of, including loss duc to petb' thell, an) proper:)', occugmg on t},e Dcnused Prem:scs or any part Ihereuf. and the LESSEE .'grees lo hold thc LESSOR harmless from any cla;ms £or damages, except where such damage or m.lun.' ~s the result of thc gross negh~ente or wfll£ul m~sconduct of the LI'.'SSOF', or its cmplo>'ees. AR'I ICLI/9 ltl,51,g, illlg'~ I.ESSEI: .'-ha~l Fro',,Ic anti malnlam general haLnhly and properly hablhty insurance pohcyOesL approved by Ibc Colhe: County R~sk Managcmenl I'~epamnenl, for not less than 'l"hree Ilundred Thousand IX)liars a.ld N~ Corm; 1~3(~Ll~o(I ti0) ctm~blnCd sml,',lc hrluls dulmg thc tCrln (d' Ibis AgTccmcnl. In addltl(m, I.F. SSi'it sllai] ~rox':,.te and malntau) ~t,'OlkCf'S L'Oll)petlsahiql lusulancc covering all enlj'doye~s Pileetlng Employer's l.n~Nhty '*'~th a rmmmum lmm of One Ihmdrcd 'l'bousand )~ollars and Nw'lOO Cents (Sl()O,OOO OO) each accm leal. Suck. insurance pohcyOes) shall hsl (Mlher Courtly as an addmonal insured thereon. E','~dence of such m~r'ance shall be pro',~ded In the Colher ('ounly Risk Management l)epartmcnl, 3301 t';asl 'l'amiami Trail. Admtmstratton Building, Naples, Honda, 34112, for approval prmr to the commencemenI of ti'ns l.case Agreement; :,nd shall include a prnv~smn reqmrmg ten {10) days pant w'r:llen mince to Colher Count? c;o County R~sk Managemcnl Deparlment m the event o[' cancellation or cbt. ages m policy{les) coverage. LESSOR reserves the t~i: m reagonahly amend the insurance reqmremenu, b)' ~ssuance of nol~cC m wrilmg to LESSEE, whereupon recelp~ of such nnncc LESSEE shali have thief.',' (30) days m which to obtain such addmonal insurance. I ARTIC1.E 10. blamien;mce I.I'SSEE. shall. ;,l ~ls s~lc cosl and cxpcnsc, keep Ibc I)cnuscd Prerntses clean at all tin,cs. If smd l')em~ed I':crr.:se'~ arc not kcp~ clean m It~e opmmn of LESS()R. LESSEE'S manager will be ~rmng Ifcorrccnvcact:on ~s no:taken withmlwcnb'I201 daysoflhc rccc~plofsuchnolicc, I.ESSOR cause the same to be cieaned and conccted and LESSEE shall assume ami pay all neccssao' cleaning costs and such co,ts shall cot:statute addmonal rent which shall be paid by I.ESSEI~ w~thin ten (I O) clays of receipt of x~xmcn not;cc of cos;s mcu~cd by i. ENSOR. -~he IA:SSI-Ii. a: i~s so!c cost. shall repair all damage to the Demised Premises caused by I.ESSEE, ~ts employees, agents, mdc?endear CU:l~ractors, guests, invtlees, llCCllSecs, or palrons. Thc I.I!SSEE. a: ets sole ctlsl, shall rcmovc I'ronl Ibc Demised Prenuses m accordance wtth al~ app]:ca~Ic rules, law ~ a'~d rcgul;mons, all sohd. hqmd. scm~sohd, and gaseous trash and wasle and refuse of any nature t, hats,~c~cr ~hich m~ght accumulalc and ar~te from thc operamms of thc IAiSSEE'S b:~smcs*. Sucl'~ :~:~x~:. xt aslc and rc:'asc shall he stored In c]{~sed containers approved by the LESSOR. Fadure of LF. SSEE to comply for ninety tg01 days ',tt:h an.',' matcnal provtslon or covenant of fins Lease si:all ctmstMulc a Jefauh. LESSOR ma>. a: ~:s opnon, tc.'-mma:e th~s l.ease after thirty (30) days ;yemen notice In I ESSEF.. unless thc defauh bt cured wlthu) thc not~ce pcrmd (or such addmonal Im~c as Is reasonably rcqmred to correct such defaui:). LESSOR. m addmon In an5' olher rights and remedies ~l may have. shall have the mm~cd~atc right to re-enter and remove all persons and property from Ihe Den'used Premises. Such property may be removed and stored in a pubhc '.,.archouse or elsewhere at the cost of and for the account of LESSEi, all v,'~d'~out service of nonce or resort In legal process and wnhout being deemed gmlty of trespass, or bcmg hablc for any loss or damage v,.hich may be occasioned thereby. Hov,'evcr. thc occurrence of any of the f, fllowing evenls shall consmute a default by LESSEF., and this Lease ma.,,' be tmmc&alcly terminated hy I.ESSOP,: (a) Ahaudonment of Demised Premises or dlsconnnuanon of LESSEE'S operation fl~r s~xly ((,0) corlSec till', e d;I)S Falsd'lca:xu c, fI.ESSEE,~rar:agcmofLESSEEofanyreportrcqmredlobe fumlshcdlt~ lA!SSI/R pursuanl tu the teeing o£ th~s l.ea~e. fo) l'lhng of mrt~b.'cnc), reorganlz, anon, plan or ai'rangemenl or bankruptc.,, I Atljudlc:d~,.rt as bank.rope. (c) Making ~,I'~ gene:al assignment of the benefit of creditors. tf I ESSEI:, offers th~s l.ease 1o be lakcn under ar,.',' v,71t of execulmn 'l'n¢ I.ES.${)R ma,' al lis. .p',l,m Icmnnate this l.case alter eeoc*pt by 1.ESSEt'. vd' Ih~rty (30¥ days n~mcc in ~,,?mn.c ifa hca i~ I'~]t ti against Ibc leasehold interest of the l.t:SSIiE, and nOl remove I from record 'althm t~drly {30) days of rece~pI of the notice by I.ESSEE, pursuarll m the }'lorlda Mechamcs I.~cn Law. [f LF~SI![:. falls lo pa)'. when due, an.'.' ~nstallmcnt of rcn: ~*r anv other sum payable lu LILSS(~R under thcs l._ease, and if s2~ sum rcmatns unpaid ILar m,,tc than ten ( 10~ days past thc clue dat~. then LESSEE shall pay iA(SS{~R a la:c Faymcnt charge equal to live (5%) percent of any pa)~cnt not paid promptly when duc. Any amounts not paM prumpfly when due shall also accrue compound interest of two (2%) ~rcent per month or thc inghcs~ mtctcs~ rate then albwed by Florida law, whichever ~s h~gher, which interest shall be paid by I.ESSI:E ~o LESSOR AR'I ICI.E 12. ~~ LESSOR shall tn no event be charged wlth default m the pcrfl~rmance of any of its obhgatmns hereunder unless anti unnl I.F. SSOP, shall have faded lo petfimn such ohhgatmn~ wnhm flurly (30J days sate addmonM tm~c n~ ~s tca~.nably rCtlmrcd lo c.rrccl ~uch dcfauh) aflc~ mince m IJ(SSOR hy I.ESSEE ARTIt'tA:. 13. Any nohcc v, hwh l.l..SSt ~F, or I.F. SSE['. may be reqmred m gp,'e t-the uther parly shall be m '0,'rmng to the other party at the [-Ih',wlnle addre,,',c'i I_t:.SSt Board of C,ounty c c, Real Pre,perry klan;,~zement 3301 1;,mu,tn: Itu} l:;,,t Naples. t lo:ida 341 l)ae..'lt,r. 'l ::msp,.rta:~o:'; Dcpartrncr'.l I.F c, Sil-I· Iong ha) Partners I.I.C lto:nta Ba', Pr,,peme',, lnc 3451 It,,m:a Bay Itmdcvard..";ulle ltnrnta lin.',. Fh~rlda 34134-4395 .,\lR. ntlon \'ice I'rcsldcnt ofl'lannlng& l)evr'lopi'r~eut ARTICI.I Ia S~'~[gJ O:],er than :he m pmvcmcms '.',h:ch arc to, remain on :he Demised Premises pursuant IO the terms of thcs l.ea.~e. I. ESS[:L shall deh..er ,ap and suaender to I.ISSOR possessmn of the Demised Premises at the centana:lOll of lhts l_easc, or itt earher lernlmatmn as hereto provided, tn as good condmon and repatr as the same s~aF. bt a: Ihe o,=.::nencemen: ..c the :erin of this Lease or ma.',' ha',e been put by LESSOR or LF. SSEE during ~he co.n::n,:,u::e t? ereol, ordmar.~ ,.,.car and lear and damage by fire or lhe elemenU; beyond I.ESSEE'S control ex. epted I_[:S'-;I:~ cxp:csQ, agrees :',v ~tscif. ~tx successor attd ass~gnr,. 1o refrain from an.',' use of the Demised Pretmscs ~hlch ,aoa[d :ne':ri'ere w~:h .r adversely affect thc opcranon or maintenance of LESSOR'S standard opera:runs '.~ here mher op:ratmns share comrrton faciJiBes. (a) P, tgh:s nm spcc~fica]l.,, granted thc [.t~SSI'.I! bv tins [case arc hereby reserved to the I.ESSOR. (bt I. ESSEI! agrees ;,, ! ay all sales tax m~posed on :he rental of fl~e l)cm~sed Prcnnscs whcrc apphcable un,tcr la',.' (c) l.l!5~;kE agrces I(, pay all intangible persona! propcrt7 taxes fha: mav be imposed due to thc creatmn. b,. fins I case. ~,t .t leasehold interest ~n the Demised I'rcmlsCX or I.ESSEE'S possessmn of sa~d ARTICLE LESSEE rcp~cscnts, warrants and agrees to tndenmffy, re:ri:burst, defend and hold harmless LESSOR. flora and agalnsl all costs (including attorneys' fees) asserted against. ~mp~sed on or incurred by LESSOR d~rectly or indirectly pursuant to or m connecHon g~th the apphcatmn of any federal, state, local or common law relating to pollutm:~ or protection of the en','mmment .,vh~ch result frum the LE$SEE'S use of thc l)cmtscd l'tem~scs. ARI'ICI.E 17 la compbance ,.vlth Section 4114.O56, Florida Statutes, all pamcs are hereby made aware of the follo..vmg: Rad,,n :s a naturally c:currmg radlnactwe gas that. ',,,'hen it has accumulated in a budding in sufficient quantities, ma': prrscnt hcahh risks to persons who are exposed tn it over time. Levels of radon that cxcccd fcdcral and state guidelines have been found in buildings in Florida, Addmonal information regarding radon and ration testing ma)' be obtamcd from your Counv:' Public Health Department. ARTICLE 18. '.~.,xlrnL0f_Ltens All ptrsons to xv)~om these presents may come arc put upon nohcc of the fact that thc interest of thc LESSOR m the l)cm~seC Premises shall not bc subjrcl to hens for improvements made by thc LESSEE. and hens for m~provcmcnls made by thc LESSEE arc specifically prohibited from attaching to or becoming a hen on thc interest of O~c I.ESSOR m thc [)caused Premises or any paa of either. ~is not~cc is gwen pursuam m thc pr(w~smns of and m comphancc w~th Scctmn 713. IO, I'h,uda Statutes. ARTICLE 19 Effcc~Di~ Th~s Lease shall b,:c~me cffecw,'e up~m execution by N~th I.ESS(~R and LESSEE. ARTIC2LE 20. Gc~_'rmmg La~: ']~is Lease shall bc governed and construed In accordance w~th thc laws of thc State of Honda. ^RTICLE 21. ~ Subject to LESSOR'S rights lo terminate this Agreement as provided in this Lease, LESSOR covenants that LESSEE, on paying thc rental amount and performing Ibc covenants, lerms and conditions required of LESSEE contained herein, shall peaceably anti quietly have, hold and enjoy the Demised Prerniscs and the leasehold estate granted to LESSEE by virlue of this Lease Agreement. IN WITNESS WIIEREOF, the pames hereto have hereunder set forth their hands and seals. AS TO TIlE LESSOR: I)ATEI} AI'FES'I': DWIGHTE BR(~CK. Clerk l?(.)AlrO, f ~ OF CO( rN'i'T COMMISSIONERS COLLIER COU.N'I'Y, FLORIDA , Depu'y Clerk BARBARA B. BERRY, Chairman AS TO LESSEE: D .,VI'E D: .~__/~//'~ __ WITNESS [s~gmalurc} Be~ Fariss (print name) WI'I ,~ESS (s~gnature) MICHAELE A. JONES (pnnt name) LONG BAh' I'AR'INI.iRS, LLC a Florida l.imllcd Liability Company By: BONHA BAY PROPERTIES, INC. Managing Member B'f: _~~~ ~ DAVID H. G~AHtkM V~ce President of Planmng and Developmenl Approved as Io form and legal sufficiency: ltcidi Ir:. Ashton Assistant Count.-,. Attorney i 3 EXHIBIT 'A" Page 1 of 2 N 89'I T'JO'C. PARCEL 70: PARCEL 70-T OR. BO0~ ~520. PAGE 62 ~, go"P~ 'O0'E PROPOSEO ~ C~NT~R,,x~ l-"' ~ N. 89'2~'5~'6 ~65~ tS' IMMOKAi,EE ROAD CR 846 ./ POINT OF COMMENCEMENT PROPOSED SALES CENTER SE CORNER SECTION 24 EXtlIBIT 'A' Pa'.je 2 of 2 All ~ha~ p~rl Of SeChon 24. lOwash~p 48 Sou h. Ronge 25 /~Sl. Co/tier Counly. FIcF,~c mo,e porhc~.~grl/ deschbed os follows Cornmenon~ al lhe soulheo$l corner of $C~d Secl~On Ihence olon~ lhe sOulh hne Of sa,d Sechor, 24. Soufh 8~'24'54" Wes~ 27~ ~1 fee',. ef the po?ce/ he?e;n Records of Collier County. ~otido Norlh 0g'0J'05" West 471.7~ feel; su~e~,~ec ~/ o c~o~ ~,ch ~eots 5oum 63'03'02" wes~ 2~.08 feet. t~e~ce So~ ~'24'!4" ~ ' 6 ~ 'e,' Po,hr of 8eg'nn'ng of the pc~ce; ~ c/ SaC Se:t,en 24 be,c~ Sout,~ ~'24'54'' ~est Ce':'.~.;:e Cf Ou:ho',zO:,C~ CU,EVE TABLE I',0 c' .". ,q D[L T.4 ARC TANO£NT CHORD ; '~5 r,.~. 80'4..]'58" .]~.2J' 21.25 7'5 '2''~' 25'G2') t" ~4 09' I 7. J4' " ;6Z .... ta'45'Z 1" 29 18' I4.70' 29.~' '//V: TABLE Line Bearing Dis t onc e L I S 60'4.~'58"W 220,.5' L2 S 5,r41'27"W J~ 1 7' L~ S 7"24'j~"l~ I2.24' · COM~ENCEI~ENT NapLes DaiLy News. HapLes, FL 33940 Affidavit of Publication Naples Daily News BOARD OF COUNTY COHHISSIONERS ATTN: NANCY SALOGUB Pi3 BOX 413016 NAPLES FL )4101-3016 REFERENCE: 001230 #FP0758792 57740187 LEGAL NOTICE PROPERT State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Nap[es Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication Jn the said newspaper. PUBLISHED ON: 08/21 08/28 0117 ,Em mRmm 0117 REm ES'rr LEGAL hiD T IC..E PROPERTY FOR LEASE \ ' INVITATION FOR SEALED BIDS \ hlOTICE 15 HERBY ~IVEN THAT THE BOA~D ~ ~OUNTY CO~I551ONE~5 OF ~OLLIER COUNT~ FLORIDA, IS 5OLI~ITIN~ BID5 FRO~ ANY PARTY TERESTEO IN LEASING APPROXIMATELY 1.51 A~RES IN SECTION 24, TOWNSHIP 4~ 5QUTH, RANGE 25 EAST IN ~OLLIER ~OUNTY, LOCATED ATTHE TERSE~TION OF I~OKALEE RDAD AND LIVINg.  TON ROAD EXTENSION IN ORDER TO ~O~ODATE A ~ODULAR SALES CENTER, ' The term of ~e t~$e shall be f~ 0 minimum of .~ree (3) v~r$. Co er Cou~ Sh~ hove ~e r ghf termite ~e Leose by ~ovldlng s1~ (~) ~y$ wrlf. fen ~¢e ~ ~e Lessee· The onnuol rent $holl be Five Thou$0nd T~ Hunted Eight-Five ~ollor$ and NO Ce~ ($5,2~5.~). The o~rded bi,er shall enter i~o Leose Agreement w~ CoIllez Coun~ u~n OCCep~nce Of ~e bid In ~r ~ ~e$$ O~er terms O~ con~l- hon~ r~u;red by CoU(er CouP. The oworOed bi,er ~e ~ve~ing of ~15 ~flce. PlaQue f~word seoled bids (Indicia: "SEALED BIO" on ~e envel~e) ~lchoe~ ~wting Real Pr~e~ ~o~gemenf De~e~ 3301 Eo$t Tomioml Troll N~le$ Florida 34112 BIDS WILL NOT BE A~CEPTED AFTER THE NOON HOuR ON SEPTEMBER 4, Igg~. THE BOARD OF COUNTY COmmISSIONERS RESERVES THE RIOHT TO REJE~T ALL BIDS AND~OR NEOOTIATE WITH THE OUALIFIED BIDDERS ON OTHER PROVISIONS OF THE LEASE. Thi~ Odve~(~emeni corre~ the Le~l Notice op~or- lng in ~e Naples Doily News on July 24 ond July ]l, August 21, 28 NO. AD SPACE: 82.000 INCH FILED ON: 08/28/98 ................................. ? ......... .5.--_+ ........................... Signature of Affiant .,'.'". Sworn to and Subscribed before me this,~:~,: day of (.~' 19,..~ --, ?-' Personally known by me / NO ./ 0CT I 3 1998 Pg. ~,' I. Bonita Bay Properties · August 27, 1998 VIA FACSIMILE 774-8991 Sir. Michael Dov4ing, Specialist Real Property Management Department 3301 Tamiami Trail East Administration Building, 8* Floor l'~aples, Florida 34112 Re-' Sealed Bid for Lease of 1.51 Acre Parcel at the Intersection of Immokalee Road and Livingston Road Extension Dear Mr. Dowling: Long Bay Partners LLC's ("LBP") is pleased to submit a bid to lease the approximately 1.51 acre parcel of land at thc intersection of Immokalee Road and Livingston Road Extension. The terms of the bid are as follo~vs: I. The term of the lease ',,,'ill be three (3) >'ears commencing on June 1, 1999 and ending on .Xlay 31, 2002. The lease may be extended upon the mutual agreement of the parties. 2. The annual rent to be paid by LBP shall be $12,000. The rent will be paid in two (2) equal semi-annual installments. Each payment ,,,,'ii1 be paid on the first business day of the month. The property will be used as a sales center for a residential community to be developed by LBP (the developer who will be constructing Livingston Road in conjunction with Collier County) located approximately two (2) miles north on Livingston Road. LBP will construct a modular building which is approximately 3,500 - 5,000 square feet in size on the Property. 4. LBP shall enter into the County's standard form of lease. 5. LBP plans to construc~ signage to identify the sales center and the residential community on the Property. 6. Appropriate landscaping will be installed to buffer the building and parking area. At the County's option at the expiration of the lease, LBP will relocate the landscaping at its expense to any. location ,,,,5thin the Livingston Road, corridor, leave the landsca~mg where, ca,ot, k~, ~it is located or remove the landscaping at the Count3' s direction. ,o. Zq' ,~ ' Page 2 August 27. 1998 Mr. Michael Dowling 7. LBP shall provide approximately' 7,000 cubic yards of compacted fill. This site is not included in the Developer Contribution Agreement between Collier Count,',,' and Long Bav Partners LLC, but using the unit price in that Agreement a value to the County of $52.506 can be attributed to this fill quantity. 8. The parking area consisting of compacted limerock and asphalt ,,','ill be removed by Long Bay Partners at the discretion of Collier Count.,,, at the expiration of the lease. 9. Other site improvements, including the structures, ',,,'ill be removed by Long Bay Partners at the expiration of the lease. 10. A cop.,,, of LBP's conceptual site plan, landscape plan and schematic elevation is attached hereto and incorporated herein. I 1. All improvements are subject to the County's approval and all governmental regulations. 12. LBP shall provide liability insurance coverage naming the County as an additional insured in the amount required bb' Collier Count.,,,. 13. LBP shall pay all costs associated with advertising the notice for sealed bids if permitted under the Collier County land development code. 14. The Board of Collier County Commissioners authorizes staffto issue a temporary use pen-nit for a model sales center on the subject property under section 2.6.33.4.1 ofthe Collier Count.',' Land Development Code, consistent with the lease terms specified herein. If you have an.,,' questions regarding this bid, please contact Dennis Church at 941-495-1000. Long Bay Partners LLC, a Florida Limited Liability Company, By: Bonita Bay Properties, Inc., a Florida corporation, its managing member David H. Graham ",'ice President of Planning & Development 0 CT 1 3 1998 P~. I 'z Bonita Bay Properties r ' IAugust27, 1998 Mr. Michael Dowling, Specialist Real Property Management Department Collier County 3301 Tamiami Trail East Administration Building, 8'~ Floor Naples, Florida 34112 RE: Sealed Bid for Lease of 1.51 Acre Parcel at the Intersection of Immokalee Road and Livingston Road Extension Dear Mr. Dovding: Please find enclosed a bid package submittal to lease the 1.51 acre parcel at the intersection of Immokalee Road and Livingston Road extension. Within this package you will tind the follovdng documents: 1. The terms of our bid proposal in letter form. 2. Copies ora sum'ev of the subject property (submitted under separate cover 8/7,'98) 3. A color rendering of the conceptual site plan proposed for the site. (submitted under separate cover 8/7/98) 4. A color rendering ora conceptual perspective viexv of the proposed facility. (submitted under separate cover 8/8/98) As you are aware, the bid proposal process for this site was conceived by Long Bay Partners and the site is intended to provide visibility for our community to be developed on Livingston Road two miles to the north. This visibility is very important to the success of our project, and we feel that as you review this package you ',,,'ill agree our proposal reflects our desire to lease the property. In addition to the $36,000 in lease payments we will provide compacted fill for use in the future lanes of Livingston Road. This fill value is estimated at $52,500. The site will be heavily landscaped and, as the bid proposal stipulates, Long Bay Partners will, at no expense to the counLy, relocate the trees to any location within the Livingston Road extension corridor. The combined values of these items result in over $100,000 of new revenue or services to the count.','. that would not otherwise occur. Long Bay Partners, through a Developer Agreement ,,,,4th Collier County, is buildin~-the~lt'~r~, ter".- two lanes of Livingston Road. In that same spirit of cooperation, we ask that you r4o~enu .x~' I ~'_lJ -) Bonita Ba.v Properrie~. Inc. 3451 Bon,ta Ba~,' Boulevard. Suite 202, Bonita Spnngx Florida 3,JI 3-L4395, -%/ Pa~e 2 August27,1998 Mr. Michael Dowlin~ acceptance of this bid proposal. Thank you for .','our consideration. Sincerely. Dax,~d H Gral .Vice President of Planning & Development DHG/bf Enclosures Rich Yovano:'ich Dennis Gilkev Gar',' Sandor Dennis Church Susan Watts } AGENDA TRANSMITTAL SLIP Date Submitted :October 9. lq98 Agenda Item # Requested Agenda Date: Oct. 13. 19q8 "ADD ON" [] {'4) Approval of Minutes [] (7) l%blic Petmons · · i'"APPROPRIATE IIEADING (CIRCLE ONE Proclamations [] (8C) Public Services ~BF) ^iq:,ort Authority [] (11) Other Constitutional Officers Community Dev. & Env. Svcs. [] (14) BCC Communications I [] (SD) Support Services I [] (9) Attorncv ] I-}ti2) Public Heannes [ [] (I 5) Communications [] (6) Clerk [] (SB) Public Works [] (SE) County Mana'ecr [] (10) BCC [] (13A) BZA Public tlear~nes X {'16) Consent Agenda Requested by: Ron'ald F. Dillard, P.E. PWED Project Manager Division l-lead:~~:~__. Ed llschncr. Administrator Public Works Division Rich Hcllcicgcl, P.E. PWED Interim Dircctor County Administrator: Robert Fernandez County Administrator Dale: Item Title: Approve a Joint Project Agreement with the Florida Department of Transpor'tation for the relocation of County Water and Wastewater Facilities required by improvements to State Road 45 (U.S. 41 ) from South of Myrtle Road to County Road 887 (Old U.S. 41 ), County Projec~ 70047, 70048 and 73048. List of Documents Attached: I. Executive Summary (required) 2. Joint Project Agreement EXECUTIVE SUMMARY APPROVE A JOINT PROJECT AGREE3IENT WITIt TIIE FLORIDA DEPART.\lENT OF TIL4NSPORTATION FOR TIlE RELOCATION OF COUNTY WATER AND WASTEWATER FACILITIES REQUIRED BY IMPROVEMENTS TO STATE ROAD 45 (U.S. 41) FROM SOUTI1 OF MYRTI,E ROAD TO COUNTY ROAI) 887 (OI,D U.S. 41), COUNTY PROJECTS 70047, 70048 AND 73048. OB.IECTIVE: That tile Board of County Commissioners, as Ex-Officio thc Govcmin,.2 Board oC the Collier County Water-Sewer District, enter into a Joint Project Agreement with tile Florida Department of Transportation (FDOT) for thc relocation of County Water and Vv'astewater facilities. CONSIDERATION: The proposed improvements to US 41 ,,rill necessitate thc relocation of Collier County Water-Sewer District facilities. It is proposed to enter into a Joint Project ..\green'mnt with FDO'[' to have tile relocations bid and constructed as part of the road construction project. 'I'he Agreement }las been reviewed and approved by the County ,,\ttomey's office. ' In order to meet tile FDOT project schedule, the Agreement must be submitted to FDOT by October 15, 1998. If thc Agreement is not submitted by that date, tile County must relocate its facilities prior to road construction under a separate contract. The estimated cost to relocate water Facilities exceeds the ctlrcent budget amount. Tile consultant }las revised construction plans to comply with the Water Department's request tllat its pipclincs be relocated out I?om under tile proposed new pavement in order to facilitate maintenance and operation. The consultant's revised cost estimates ,.','ere received by staff'on October 9, 1998. rlSCA_~[: 1.2.,~IPA_CT.' Tile estimated costs {bt construction and FDOT administration of these ojects are SI, 114,000 for Count,,,, Water Project 70047; S1,086,000 lbr County Water Project 70048; amt 5800,000 1hr County Wastewater Project 73048 for a total oi'$3,00[),000. Tile source of funds will be as follows: Funds tbr County Water Project 70047 in tile amount of $825,000 arc available From: Fund 412: County \Vatcr Capital Projects Cost Center 27351 I: Combined \Vater Capital Projects Project 70047: Relocate 20'712" Water Main on US 41 from A budget amendment fro m: Fund 412: Cost Center 9191)II~: lmmokalce Road to Old 41. needed to transt'cr funds in thc amount o1' S2S9,00() to project 70047 County Water Capital Projects Reserves For \Vater Capital Outlay Executive Summary Approve Joint Project Agreement Page 2 Funds for County Water Project 70048 in the anlount ofS790.000 are available lrom: Fund 4l 2: County Water Capital Projects Cost Ccnter 273511: Combined Water Capital Projects .- Project 70048: Relocate 12" Main on US 41 fronl Myrtle Road to Immokalee Road. A budget amendment is needed to transfer funds in the amount of $296,000 to project 70048 fro m; Fund 412: County Water Capital Projects Cost Center 273511: Combined Water Capital Projects Project 70045: FDOT Joint Project Agreement Funds for County Wastev,'ater Project 73048 in tile amount of S800,000 are available Irom: Fund 414: County Sewer Capital Projects Cost Center 263611: Combined Sewer Capital Projects Project 73048: Relocation of Reclaimed Water Main and Force Main on US 4I North. A budget amendment is not needed for project 73048. GROWTtt 5IANAGEMENT IMPACT: None. RECOalMENDATIONS: Staff recommends ti'mt the Board of County Commissioners, as Ex-Officio tile Governing Board of the Collier Count.,,' Water-Sewer District: 1. Approve thc Joint Project Agreement with the Florida Dep~'mment of Transporlation related to the relocation of County water and wastewater facilities required by improvements to US 41 Irom Myrtle Road to [mmokalec Road and from h'nnlokalee Road to County Road 887, 2. .,\uthorize tile Chairman to execute tile Agreement, and 3. ,.\pprove the necessary Budget Anlendments. Ronald F. Dillard, P.E., Project Manager Public Works Engineering Department REVIEWED BY: DATE: /~ - ?~ ? ,~. ,z~,~ x~"_~ ~ DATE: Richard J. Hellriegel, P.E., Interi~ Director Public Works Engineering Department 'Ex&utive Summary. Approve Joint Project Agreement Page 3 REVIEWED BY: Pa/'ul E. Mattausch, Water Director DATE: Timothy L.'C~emons, Wastcwater Director APPROVEDB~ DATE: Ed llschner, Administrator Public Works Division RFD:rfd Attachment: Joint Project Agreement / STATE OF F1,.,OII~DA DF...,PAR'I~tF..N'T OF T'K.~SPORTATION JOINT PROJECT AGREEMENT UTILITY INSTALLATION BY HIGHWAY CONTRACTOR NONREIMBURSABLE 1114150/111.1152 03010-6568/6570 45 COLLIER THIS AGREEMENT, made and entered into this ~ day of , 19 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the FDOT. and Collier Count~ hereinafter referred to as Utility, an organization organized and existing under the laws of ~ , with its principal place of business in , County of , State Of *Water and Wastewater District WITNESSETH: WHEREAS. the FDOT is constructing, reconstructing or otherwise changing a portion of the State Highway System designated by the FDOT as State Project Nos. 03010-3568/3570, Road No. 45~ between CR887 and S. of Mm-tle Road, which shall call for the adjustment, relocation and/or installation of the Utility's facilities along, over and/or under said highway: and WHEREAS. the plans for the said construction, reconstruction or other changes to be made, as above described, have been reviewed by the FIDOT and the UTILITY, said above described UTILITY relocation. hereinafter referred to as "Utility Work"' and WHEREAS, the term "Cost of Utility Work" shall include the ~ntire amount paid by the UTILITY properly attributable to such work; and WHEREAS, the UTILITY has expressed its desire to assume all costs incurred by this Utility Work and has requested the ['-DOT to include in said Project certain plans and specifications to meet the UTILITY;s needs: and WHEREAS, the F'DOT and the UTILITY have determined that it would be to the best interest of the general public and to the economic advantage of both parties to enter into a JOINT PROJECT AGREEMENT, hereinafter referred to as "JPA". providing for such work: ° NOW. THEREFORE. in consideration of the mutual covenants hereinafter contained, it is a~eed by thc parties as follows: 1. Thc FDOT and thc UTILITY shall participate in a JPA. the scope of which ,,rill cover only the UTILITY facility within the limits of the project as included in the plans and estimate of the FDOT contract, more specifically described as wa,er and wnstewater system relocation/installation. The estimated cost of sailfl p~-?~j.c~{:~ Three Million Dollars 53,000,000.00 including allowances; and the method of payment in paragraph 8./ 2. The UTILITY ,.viii prepare, at its expense, the design and plans for all of the necessary, l~il['~ '-"nr~ specified above, and will furnish to the FDOT no later October 15~ 1998 complete original plans, same as FDOT's contract plans, all suit.able for reproduction by the FDOT, together with a complete set of specifications covering all construction requiremems for the Utility Work. Final plans shall be complete in ever',,, detail and will include a "Summary of Quantities" sheet. It ,.,,'ill be the responsibility of the UTILITY to coordinate the development of the Utility Work plans with the FDOT's plans. The FDOT, upon request by the UTILITY, will furnish all available highway information required by the UTILITY for the development of thc Utility Work plans; and the FDOT shall cooperate fully with the UTILITY to this end. 3. All of the work on the .IPA is to be done according to the plans and specifications of the FDOT which plans and specifications are, by reference hereto, made a part hereof. The UTILITY will be responsible for verifying the accuracy of the FDOT's underground survey information, and will also be responsible for any changes to the UTIZITY's plans made necessary by errors or omissions in the FDOTs survey information as furnished to the UTILITY. All errors, omissions or changes in the design of the Utility Work will be the sole responsibility of UTILITY. In any conflict between LTILITY and F'DOT specifications, the FDOT's specifications will govern. All Utility V','ork covering facilities to be relocated to a position within the FDOT right of way ,.rill be accommodate~l in accordance with the FDOT "Utility Accommodation Manual." 4. The UTILITY. at its expense, will furnish all engineering inspection, testing and monitoring of the Utility Work, and will also furnish the FDOT's engineer with progress reports for diary, records, approved quantities and amounts for weekly, monthly and final estimates. All field survey control for the Utility Work '.rill be furnished by the UTILITY under the supe~'ision of the F'DOTs engineer. The coordination of the Utility Work with that of the FDOT contractor and other UTILITIES anWor their contractors will be the responsibility of the FDOT. and the UTILITY shall cooperate fully in this matter. All information required for Changes or Supplemental Agreements pertaining to the Utility Work shall be promptly furnished to the FDOT by the UTILITY upon the request of the FD©T. 5. The F'DOT ,.,,'ill previde the necessaO' engineering supervision to assure construction is in compliance with the plans and ~pccifications hereinafter referred to. and shall receive all bids for and let all contracts for said Utilit.v Work all at the sole expense of the UTILITY. Ail bids for said Utility Work shall be taken into consideration in the award of hid on the FDOT Project and the UTILITY shall have the right to review and reject any and all bids on the Utilip/Work. If said bids exceed the F'DO"~'s estimated cost by more than ten percent (10%), the FDOT may elect to participate in the cost involved in the Utility Work. Such participation shall be limited to the difference between the FDOT's official estimate plus ten percent (10%) and the amount awarded for the Utility Work. In the event the FDOT does not elect to participate in the manner prescribed above and the bid is rejected by the UTILITY, then the UTI'LITY shall arrange, at its own expense, for the prompt construction of the Utility Work in accordance with thc relocation schedule submitted by the UTILITY. In the event the DWILI-I'Y elects this option, the UTILITY shall notify the F'DOT of its intent and request the refund of the deposited funds. Upon the receipt of such notice, the FDOT shall amend the highway contract documents prior to award. The UTILITY shall cooperate with the t'-DOT's contractor to schedule the sequence of the UTILITY's work so as not to delay the work of the FDOT's contractor. The UTILITY shall defend any legal claims of the FDOT's contractor due to delays caused by the UTILITY's failure to comply with their relocation schedule, and shall comply with all provision of the law and the FDOT Ut,hty Accommodat,on Manual. The UTILITY shall not be res',pon.si.b]e for I~L")% delays beyond its normal control. , i~l '. I I 3 i5'''~ 6. Ail adjustments, relocations, repairs and incidentals required to be performed to the existing utilities within the project, not included in this contract, will be the sole responsibility to the UTILITY and ,,rill be handled under a separate agreement and utility relocation schedule. All such work is to be coordinated with the construction of this project and in a manner that will not cause delay to the FDOT contractor. ?. All services and work under the construction contract shall be performed to the satisfaction of the DISTRICT DIRECTOR OF OPERATIONS or designee, and he shall decide all questions, difficulties and disputes of whatever nature, which may arise under or by reason of such contract for Utility work: thc prosecution and fulfillment of the services thereunder, and the character, quality, amount and value thereof: and his decision upon all claims, questions and disputes thereunder shall be final and conclusive upon the parties hereto. 8. The bTILITY agrees that it will, at least seven (7) days prior to the FDOT's advertising the construction project for bid, furnish the F'DOT and advance payment, including allowances, in the amount of S3,000,000.00 for payment of said Utility work. In the event that the actual bid amount plus allowances is ~eater than the amount previously provided, the UTILITY agrees that, within fourteen (t4) calendar days of notification by the FDO"F., it shall make an additional payment so that the total amount provided prior to a,,vard of the bid equals the bid amount plus allowances. If the accepted bid amount plus allowances is less that the deposit amount, the DEPARTMENT will refund the amount that the deposit exceeds the bid amount plus allowances if such refund is requested by the UTILITY. Both parties further a~ee that in the event final billing pursuant to the terms of this agreement is less than the advance payment, a refund of the excess will be made by the FDOT to the UTILITY and that in the event said final billing is greater than the advance payment, the UTILITY wilt pay the additional amount within forty (40) days from the date of invoice. The payment of funds as required above wilt be made as follows (choose one): Directly to the FDOT for deposit into the State Transportation Trust Fund. X Deposit as provided in the attached Memorandum of Ayeement (Exhibit A) between UTILITY. FDOT, and the Florida Deparunent of Insurance, Division of Treasury.. 9. Upon completion and acceptance of the ~vork, the UTILITY shall own. control, maintain and be responsible for all of its facilities, according to the terms of the utility permit. The UTILITY further agrees to comply with 'all provisions of the F'DOT "Utility Accommodation Manual." 10. The UTILITY co,,enants and agrees that it shall, to the extent permitted by law, indemn!fy_~ ~.d~'f~:; 7, r.~ .. and hold h,'m-nless the FDOT from any and all legal actions, claims or demands by any person or lelgaNintitYi[,(%'5'~ save against the F'DOT arising out of the joint participation in this Agreement. / I 1. Upon final payment to the contractor for the entire project, the FDOT shall, within one nuwareu eighty (180) days, furnish the UTILITY with two (2) copies of its final and complete billing of all cost incurred in connection with the work performed hereunder, such statement to follow as closely as possible the order of the items contained in the job estimate. Tht: final billing will show the description and site of the project; the date on which ~0~ ?~0.~10~ ~ the first work was performed or the date on which the last work was performed or the last item of billed expense was incurred; and the location where the records and accounts billed can be audited. All cost records and accounts shall be subject to audit by a represenlative of the UTILITY within three (3) years after acceptance of the project. In the event final cost is less than the advance payment, the FDOT will refund the balance to the UTILITY. If the final cost exceeds the advance payment, the FDOT will be invoiced the for the balance. Upon receipt of this final invoice, the UTILITY will reimburse the FDOT in the amount of such actual cost within forty (40) days. The UTILITY shall pay and additional charge of 1% per month on any invoice not paid within the time specified in the preceding sentence until the invoice is paid. 12. The UTILITY shall pay the F'DOT's reasonable attorney's fees and court costs ifthe FDOT prevails in litigation for the enforcement of the provisions of paragraph 1, 8 or 12 of this Agreement. 13. This document incorporates and includes ali prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, a~eem::nts or understandings concerning the subject matter of this Agreement that are not contained in this document..Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreement whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with this same formality and of equal dignity herewith. 14. Florida. This .Agreement shall be governed, interpreted and construed according to the laws of the State of 15. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction, or by any other legally constituted body having the jurisdiction to make such determination, the remainder Of this A~eement shall remain in full force and effect provided that the part of thus invalidated or declared unenforceable is not material to the intended operation of this Agreement. IN WI'TNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers, and their official seals hereto affixed, the day and year first above written. UTILITY: CollierCountv Water and Wastewater District BY: (Tide: (SEAL) ATTEST(s): (Title: Approved ~ to form & legal ~uf/;.:,~._.). A~ht~t County Attorney F'DOT Approved as to Form, Legality and Execution BY: Attorney BY: District Utility Engineer STATE OF FLORDA DEP,43~TMTNT OF TI:L.-MN'S PORTATION BY: '(Title: Director of Production )Date:., ATTEST(s): (Title: Executive Secretary (SEAL) EXHIBIT "A" blEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this ~. day , 199__, by and between the State of Florida, Department of Transportation, hereinafter referred to as "DOT" and the State of Florida, Department of Insurance, Division of Treasury, hereinafter referred to as "Treasurer" and Collier Countv,'"hereinafter referred ~a as the "Participant",' *Water and Wastewater District WITNESS ETH WHEREAS, "DOT" is currently constructing the following project: State Project No.: .. 03010-3568/3570 (6568/6750) F.A.P. No.: W.P.I. No.: II 14150/1114152 Count>,: Collier hereinafter referred to as the "Project". WHEREAS, DOT and the Participant entered into a Joint Participation Agreement dated .__, 199.__, wherein DOT agreed to perform certain work on behalf of the Participant in conjunction with the Project. WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best interest of the DOT and the Participant if an escrow account were established to provide funds for the additional work performed on the Project on behalf of the Participant by DOT. NOW THEREFORE, in consideration of the premises and the covenants contained herein the par'ties agree to the following: 1. An initial deposit in the amount of S~000.000.00 (Three Million Dollars) will be made by the "Participant" into an escrow account. Said escrow account will be opened by DOT on behalf of the Participant in the name of the Florida Department of Transportation with the Department of Insurance, Division of Treasury, Bureau of Collateral Securities upon receipt of this Memorandum of Agreement. Such account will be opened and shall be deemed an asset of DOT. 2. Other deposits will be made only by the Participant as necessary, to cover the cost of the Water and wastewater work prior to the execution of any Supplemental Agreements. 3. All deposits shall be made payable to the .Department of Insurance, Rever..ue Processing and mailed to the DOT Office of Comptroller for appropriate processing at the following address: FLORIDA DEPARTMENT OF TRANSPORTATION Office of Comptroller (M.S. 24) 605 Suwannee Street Tallahassee, Florida 32399-0450 ATTN': JPA Coordinator A copy of this A=m'eement shall accompany the deposits. 4. The DOTs Comptroller and/or his designees shall be the sole signatories on the escrow account with Department of Insurance and shall have sole authority to authorize withdrawals from said account. 5. Unless instructed otherwise by the parties hereto, all interest accumulated in the escrow account shall remain in the account for the purposes of the project as defined in the JPA. 6. The Treasurer agrees to provide written confirrnation of receipt of funds to the DOT. 7. The Treasurer's Office further agrees to provide periodic reports to the DOT. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION COMPTROLLER STATE OF FLORIDA DEPARTMENT OF INSURANCE DIVISION OF TREASURY PART1CIP,&NT SIGNATURE PARTICIPANT ADDRESS FEDERAL TAX ID NO. ATTEST: D~IGHT E. BROCK, CLE~ kss~tant County At~.orneY p~. I h _ BUDGET AME?CDMENT REQUEST For Budget/Finance Use Onlv BA# JE# BARi APH Date To BCC Yes No C. ounw Water Capital Projccls FUND TITLE ,Date Prepared: 10/8/9R [f previously approved, BCC Agcncha Date: .412 (FUND NO.) Attnch Executive Summap,' Item # EXPENSE BUDGET DETAIl, [["ater Copital Pro/ect.v Cost Center Title .7~ II Cost Center No. Expenditure _Object Code 763100 _Exocnditure.Title Im?rt]vemen:.v (Jent'r~l TOTAL Cost Center Title 919010 Cost Center No. Expenditure Object Code 993020 Expenditure Title Resets'e for ('a£ttal Outlay TOTAL Relocate .0. I. lk;t~f ~,T 41 Immokalee - 41 Project Title increase [Decrease) 2,~9,000 2,59,000 Currcnl Budget ,~25,000 825,000 Project Title Increase £Dccr~ase) (2,¥9,000) (2~9,000) Cu~ent ~udget 438,700 438.700 70047 Pr~ect No. Revised Bud. g~ l, II4,000 1,1t4.000 Project No. Revised ~3udgct 149, 700 I49, 700 Cost Center Title Expenditure O~bject Code Cost Center No. E._=xpcnditu re Till__ge ProJect Tillc J llCrCase (Dc_crease Currellt .Budget Project No. Re',ised .Budget TOTAL BbqDGET AMENDMENT REQUEST For Budget/Finance Usc Only BA# JE# BAR# APtt Date To BCC Yes No Counpr' Water Capital Projects FUND TITLE FUND NO. ~ Date Prepared: 10/8/98 If prm'iously approved, BCC Agenda Date: Anach Executive Summan' Item # EXPENSE BUDGET DETAIl i f'oter Capttal Prr~lectx Cost Center Title 2735II Cost Center No. Relocate 12 IF.&I f.'$41 .~ fertvl m lmmoknlee Project Title 7004,~' Project No. Exl:x:nditure ..Obicc~ C6de 763100 Expenditure Title /mprovements' (Yenerol TOTAk [ncrcasc Cu rrent Red sod [Decrease) Budg, ct B__u_d~ 296.000 790.000 1.0,56.000 296.000 790. 000 [. t),~6, 000 Water Capttal Prntect. v Cost Center Title z,,~..l/ Cost Center No. FDO T,/otnt Prr>/t'ctx .-I grecments 701)45 Project Tide Project No. Exly2nditurc ..O~icct Cod..~e 7631 O0 Expenditure Title [mprm'ements ( ;t'nernl TOT,,\ L Increase Current Revised IDecreasc) ~udgct Budget 0001 400. 000 104. 000 {296, O00~ 400. 000 104. 000 Cost Center Title Expenditur~ Obiect Code Cost Center No. _E.:xpe nditure T~tlc TOT AL Project Title Project No. I nc reasc C urre n t Rcv i.scd (.~g_c rc_.__as.._cj B udt~ct Bt,duet W]D[ ,,sj:LE FUNDS NEEDED';' Funds are needed for thc relocation Of water mains in conjunction with th,; US41 road widcnin~ twoiect from Immokalce Road to Old US41 and Mcm'l Road to WHERE ARE FUNDS AVAILABI.E? Funds are available in Fund 412. Reserves for Capital (~tlav. and from project 70045. FDOT Joint Fh'oiects. REVIEW PROCESS COST CEN-I-ER DIRECTOR: DIVISION ADMINISTRATOR~ BUDGET DEPARTME.,XTT: DATE AGENCY MANAGER: FINA2qCE DEP.~d~TME.Vr: CLERK OF BOARD ADMIN: INPUT BY: B.A. NO: EXECUTIVE SUMMARY AUTItORIZE FUNDS TO REPAIR THE DOCK AND SEA WALL AT CAXAMBAS PARK. Objective: That the Board of County Commissioners authorize l\mds to repair the clock and sea wall while thc dock is repaired ;it Caxanfl'~as I'ark. Consideration: l lurricane Georges created $25,000 worth of damage to tim floating dock and accelerated tile deterioration of the sea wall surrounding thc deckmaster building at Caxambas Park. Over the past year, staff has been monitoring the decay of the sca wall. and determined :hat tile wall would make it until fiscal year 1999-2000. Now that the dock has sustained substantial damage from the hurricane, the County would ultimately save money by using tile same contractor to repair both the sea ,,,,'all and docks at the same time. The total project will cost an estimated $65,000:$25,000 to repair tile floating clocks, and $40,000 to renovate thc damaged sea wall. Staff estimates that (87.5%) of thc $25,000 damage to the docks will bc reimbursed to tile County through either V.F_..M.A or the County's adjuster. (Insurance claim is pending.) The remaining $43,125i is available in park improvements reserves from the collection of boater improvement fees. Growth Management: None Fiscal Impact: Funds arc available in park improvement fund reserves (306-919010) in tile amount of $65.000. These funds xvill be transferred by budget amendment into park improvements, park projects (306-116360). A subsequent budget amcnctmcnt will replenish thc reserves ill the estimated amount of $21,875 upon reimbursement by the County insurance carrier. Thc overall fiscal impact will be $43,125. Recommendation: That tile Board authorize a budget anlcndmcnt to fund thc cost of repairing the dock and sca wall. ' ~ot~n l)lmnuck, Opcra-'~mns Coordinator I)epartment of Parks and Recreation Maria Ramscy, 13ircctj>r/ l)cpartmcnt of Parked Recreation Reviewed and Approved by: l)ate:/f)/~/~'~ ,' / Reviewed and , Approved by:' ~ll'rl~x ['~, C~/_~ ' '['h;nm~ ~. OlliflT,~d~inistrator Division of Public Services t Figured based on the remaining 12.5% of the $25.000 fiw the docks and an estimated $40.000 to repair tile se~a_ wan. - OCT EXECUTIVE SUMMARY ApPrOVE AND EXECUTE AN AGREEMENT TO PROVIDE FOR A MAXIMUM EXPENDITURE OF $50,000 _ OM THE GAC LAND TRUST TO CONSTRUCT RURAL SAFETY REFUGE FACILITIES WITHIN LDEN GATE ESTATES ~~: Recommendation to approve and execute an Agreement between Collier County, a polmcal subdivision of the State of Florida, by its Board of County Commissioners, acting in their capacity as Trustee of the GAC Land Trust ("Trustee") and Collier County, a polilical subdivision of the Stale of Florida for and on behalf of the Transportation Department ("Counly") which provides for a maximum expenditure of Fifty Thousand and 00/100 Dollars ($50,000.00) from the GAC Land Trust to construct a minimum of eight (8) Rural Safety Refuge Facilities in Golden Gate Estates. CONSIDERATION: (Brief History): On November 15, 1983, Avatar Properties Inc, and Collier County entered into an Agreement (1983 Agreement) to convey 1,061.5 acres of property in Golden Gate Estates in five (5) geographical phases to Collier County. According to the 1983 Agreement, the properly 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, and 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 also required that the lands deeded to the County are to be used only to provide governmental facilities for existing and future residents of Collier County, with all capital improvements to be physically located within the geographical boundary of the area known as "Golden Gate Estates." In addition, any proceeds from the sale of dedicated lands are to be utilized for capital projects~ to be located within the area known as "Golden Gate Estates". The governmental facilities which can be constructed upon said properly or with the proceeds of the sale or' the property include fire protection ,l~lij, cilities, police facilities, public schools, libraries and recreational facilities as well as equipment necessary for ~ operation thereof. (Issue): On August 25, 1997, Mr. Mike Wittenberg of the Golden Gate Civic Association, presented to the members of the Golden Gate Estates Land Trust Committee a request to assist the Transportation Department in constructing "Rural Safety Refuge Facilities" (Shelters) for pedestrians and bicyclists and to provide a safe place for school children while awaiting buses or parental pickup. A conceptual drawing of a Shelter is attached. The Shelters are estimated to cost between $5,000 and S6,000 each dependent upon the type of Shelter constructed. On April 27, 1998 the Golden Gate Estates Land Trust Committee recommended 4/0 that a maximum allocation of Fifty Thousand and 00/100 Dollars ($50,000.00) for a minimum of eight (8) Shelters to be constructed in approved locations. The purpose of the allocation was to provide sufficient funds to initiate the construction of the Shelters within Golden Gate Estates to serve as a prototype for future facilities which shall be funded by other sources. On July 20, 1998 and August 24, 1998 the Golden Gate Estates Land Trust Committee reviewed the ten (10) locations in Golden Gate Estates and reviewed the attached Agreement and recommended the attached be presented to the Board of County Commissioners for approval. Pursuant to the attached Agreement, the Trustee agrees to provide a maximum of Fifty Thousand and 00/100 Dollars ($50,000.00) ("Funds") for purposes of constructing the Shelters. The Shelters are to be located on the sites defined in the Agreement which were selected by the Office of the Director of Transportation, Collier )unty Public Schools, based upon the number of children at each bus stop. Ail ten (10) locations are within Iden Gate Estates. The Golden Gate Estates Land Trust Committee members recommended that the Jnty attempt to construct the Shelters on the sites in the order listed. Payment for the construction of the Shelters shall be made in two (2) equal payments of $25,000 which shall be made via County Warrant or Interoffice Payment to the Collier County Transportation Department. The first payment shall be made within thirty (30) days of the execution of the Agreement by the Board of County Commissioners and the second payment shall be made within thirty (30) days following notice that all previous funds have been expended. The Transportation Department must construct the Shelters within one (1) year of the exe(~ution of the Agreement by both parties, otherwise any and all funds shall be refunded to the Trustee. The Agreement stipulates that the County agrees and acknowledges that prior to the construction of the Shelters, the County shall verify that the Shelters may be constructed within existing road right-of-way held in the name of Collier County. If such verification can not be provided, the County must obtain the written consent of each property owner affected by the Shelter location. An Agreement has been prepared by the Real Property Management Department and reviewed by the County Attorney's Office. A "Letter of No Objection" to the Agreement, dated May 11, 1998, has been received from Avatar Properties Inc. acknowledging the allocation of $50,000 for the construction of the Shelters. The "Letter of No Objection" is atta :hed for review. FISCAL IMPACT: As of October 1, 1998, $388,300 is budgeted in the following: Fund 605 Cost Center 919010 Object Code 994500 (GAC Land Trust) (Reserves) (Reserves for Future Construction) An amount, not to exceed Fifty Thousand and 00/100 Dollars ($50,000.00), will be transferred from Fund 605 Reserves to: Fund 605 Cost Center 122390 Object Code 762200 PrOject No. 601C0 (GAC Land Trust) (GAC Land Sales) (Building Improvements) (Refuge Shelters) GROW'FH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: (1) approve the attached Agreement providing for a maximum expenditure of Fifty Thousand and 00/100 Dollars ($50,000.00) for the construction of Rural Safety Refuge Shelters in order to benefit the residents of Collier County; (2) authorize its Chairman to execute the attached Agreement; and (3) approve the necessary budget amendment. DATE: ~ -2.(~ - ~)o¢/ SA_...~A't. TAYI..~R, R_./~¥L~R'F'~ANAGEMENT DIRECTOR - E D KA.j'4 T, T ~XN ~P--C..JRTAT)O~-'~ E R~¥~¥ ~,~ APPROVED BY: LEO E. OCHS, J~R., SUPPORT SERVICES ADMINISTRATOR DATE: .,¢- ? DATE: I 0CT 13 1998 ti, COLLIER CQLJL~T Y PI.IRL ~C WO, PK % DEPT ! ' N' OINF..E Rlr,,~ C, D~VI,',,ION I~uC-.~L 5A.YL"TY' ~:~:: ¢'"..., .¢-.,, ,F_ I.... AG~. e~O ~, ZTE~ OCT 1 3 1998 THIS AGREEMENT made th,s __day of . 1995 between COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS, ACTING IN THEIR CAPACITY AS TRUSTEE OF THE GAC LAND TRUST. (heremafter relerred to as "Trustee"). whose ma,hng address ,s 3301 Tra~lEast Naples Flor,da 34112. an,', COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA FOR AN[.' ON BEHALF OF THE TRANSPORTATION DEPARTMENT OF COLLIER COUNTY. (hereinafter referred to ar, Ihe "County'). whose ma,hn~ address ~s 3301 Tam,am, Tra~l East, Naples, Florida 34112. WHEREAS, Trustee has acquired 1.0Gl 5 acres located ~n Colher County. Florida (heremafler referred tO as "Property"). from Avatar Properties Inc f/k/a/ GAC Propemes Ins accordance w~th the November 15, 1983 Agreement between Avatar Propemes Inc and Colher County. (heremafter referred tO as the "1983 Agreemenl"); and WHEREAS, pursuant to the 1983 Agreemenl, the Property deeded to Trustee and o' Ihe monetary proceeds acqu,red from the subsequent sale of sa~d Property are to be used to provide governmental facd~bes w~th~n and for the geograph,cal area known as "Golden Gate Estales", and WHEREAS, Trustee currently has funds derived from the use and/or safe of a pom0n of the above-described Property, and WHEREAS, Truslee has determined that a d~sbursemont Gl a porbon of sa,d t,,~ds to the County's Transporlal,on Depadment ~s ~n accordance wdh the ~nlent of the pro',,,S~C"S O~ the t983 Agreement by prowd~ng "Rural Safety Refuge Facdtt,es" lot Ihe residents cf Colt.er County. Florida. more specifically for pedestrians and btcychsts and to prowde a safe place for school chddren wh~le awamng buses or parental p~ckup; WHEREAS. Truslee's ~nlent is to provide su~cienl funds to ~mhate Ihe COnStruc:~2~ C¢ "Rural Safely Refuge Facdmes' within Golden Gate Eslates to serve as a prototype for fu:u,e facilities '¢,.h~ch snap be funded by other sources. WHEREAS. Avatar Propemes Inc has prowded a "Letter of No Objec ~on". dated May 11. 1998. approvmg the use of funds der,ved from the sale of Property lo oarhally fundtne construct,on Of "Rural Safety Refu§e Faohhes" w~th~n Golden Gate Estales. NOW THEREFORE. ,n COnS*derat~on Of Ihe above premises which are ~nCOrpOrale3 wdhm and made Part cf th~s Agreement. and ~n further consideration of the mutua~ Cc',enan:s sel forth below, end olher good and valuable consideration, acknowledged by the ¢ames to be suff,c~enl, just and adequale, the pames hereto do agree as follows: 1 Trustee hereby agrees to contribute a maximum of Fifty Thousand and No 1 Dollars ($50 000 00) of the total funds Io be expended by ~he County for purposes here,nafte, stated. (heremaher referred to as the "Funds"), rn accordance w~lh [he terms and condmcns th~s Agreement. prowded safd Funds to be used solely for the purpose of construcDn~ (maler~al and labor only) a mm~mum of e~ght (8) Rural Safety Refuge Facd~bes whir", s*a , ~nclude a bench, bike rack. garbage can and c¢'.'ered s~elter. (heremafler referred Io as "Improvements") 2 The County agrees and warrants thai lhe Funds wdl be used solely for sa = Improvements needed to pro',,ide the required Rural Safety Refuge FaCdlt,es for use by ?e public Sa,d Improvements shall be Iocaled al the follow~ng sdes all Wdhln the gecg'a2' ca' area commonly known as "Golden Gate Estales" The Counly shall atlempt to cc-st-~c: a Shelter on each of Ine he',ow s;tes m the order hsleO which IS based upon t~e nu ,-t-~e. C~ sludentS cons,tiered pclem,al users of lhe Shelters 39th Street SWand 13thAvenue SW 2 Golder' Gate Boulevard and 22nd Street SE 3 23rd Street SW and 161h Avenue SW 4 Everglades Boulevard and 361h Avenue SE 5 Wilson Boulevard and 14th Avenue NW 6. Golden Gate Parkway and 66th Street SW 7 Golden Gate Boulevard and 161h Streel SE 8 Everglades Boulevard and 24th Avenue NE 9 Wh~te Boulevard and 27th Street SW 10 DeSolo Boulevard and 16th Avenue NE The County hereby agrees and acknowledges that prior tO Ihe COnSlruCt,on Ol the Shelters. Ihe County shall obta:n ver,f,cat,on from Ihe County Altorney Ihat the Shelters may be constructed Wlthm ex~shng road r,ghl-of-way held ,n name of OoIherCounty If such verff,cal~on can not be prowded, Ihe Countt must obtain lhe written consenl of each prope~ owner afi'ected by the Shelter location 4 The County' hereby agrees that the construchon O( the Improvements has bee'~ Or sba!! be ,n acc'~rdance wdh alt appl~cable bldd,ng or other requirements lot the p,ocu-emer: of pro~erl, y and ser,,,ces as set forth in Chapter 287. Florida Statutes. and such other statu:~r'y prows~on$ as ma/ be apphcable. 5 Payment of the Funds to the Counly for the improvements shall be m accordance with the followmg procedure (1) Imhal paymenl el $25,000 shall be provided following approval by the Board of Count/ Commissioners. Colher County of Ih,s Agreement (21 Second paymenl of the remammg $25.000 shall be prowded ¢OIIow~ng nobce by County thai all prewous Funds have been ezpended m accordance wdh ~,S Agreement for the Improvements Sa~d pa,,'mems sha!l be made wdhm thirty (30) days of receipt of appropr,ate veriflcabon by the Trustee. with COpy tO the Real Prope,ly Management D,reclor. of sa~d documentabon Payment shatlthenbe pre~aredand made payable lo County and shal:be for,,varoed d~rectly to County wa County Warrant or Interoffice Payment In no way shall the total amount lo be ba,d exceed Fdly Thousand and No'lO0 Dollars ($.50.000) t,'/~th~n Imrty (30) days after rede,pt of each ins~arlment, the County shall prey,de to the Real Properly Managemenl O,rector. documentahon which ewdence the expend,tures by the County of the payments recelved frcm the Truslee Sa~ddocumenla',,on shall clearly state the purpose of sa,d expend,lure \~lthln that/ (30) days after final payment by Trustee. County. or ~ls designee. shah (a) prov,de the Real Properly Management D,reclor a statement cemfymg Ina', all Improvements have been construcled and all payments have been uld~zed m accordance w~th lmsAgreemenL andlb) refund to Truslee any and all Funds. or anyporl~onlnere~f, no: utd=zed for sa~d Primary Purpose which shall be deposded d~rectly inlo lhe GAG Land Trust Fund 505 (3) The Improvements shall be constructed by the Counly wdmn o~9 (I, year of thee×ecubonoflheAgreement by both part,es Inlhe event thattne ImprO,..emen'.S are nol constructed by the Couhty wdh~n one I1) year from the exeouhon of In~s Ag'eeme",t. ~s understood a"',d agreed by :he cad,es that the County shail refund and repay to Trustee. v,,dmnth~dy(30) days. anyand ail Funds wh~ch have been prowded lo the County. pursuant the prows~ons of the 1983 Agreement {4) The County covenants and agrees that uoon Ihe paymenl of ag', Or an), porl~on from the Funds in accordance w,th the obligahon conta,ned ~n th~s Agreement ,t shaq be the further obhgal,on of the Count/ Io pay any remammg balance required to complele the construohon of the Improvements 6 The Counly agrees lo obta,n and mamtam msurance coverage ~n an amount sufficient to prowde for full repair and/or replacement ol the Improvements ~n Ihe event Improvemenls are damaged or deslroyed 7 County agrees to protect, defend, mdemmfy and hold the Trustee harmless from any and all claims, actions, causes of action or habmht~es Including attorney's fees and costs ansmg from or ,n any way connected wdh the use of the Funds or Ihe selecl~on, purchase dehvery or mslallahon or use of the Improvemenls by Ihe County. ds agents, employees or any way relaled to the Improvemenls by the County. ~ts agenls, employees or any th,rd 8. The County understands and agrees lhat the Funds to be prowded to County in accordance w~th lhe terms of th~s Agreement have been derived from and a'e be~.g prowded solely for the sale and/or use of a porl~on Of the Properly conveyed to Colher Cou~t, pursuant Id the 1983 Agreement adm,mstered and managed b~ the County for tr~e O¢,C Lan~. 0C'f 1.. 98 Trust and that such Funds are currently in Fund 605-122390 (The GAC Trust Land Sales Fund). g. This Agreement is governed and construed in accordance with Ihe laws of the State of Flrmda. 10 Any nohce required by Ih~s Agreement shall be addressed Io the parl~es at the address set forth below; IF TO THE COUNTY: Collier Count,/ c/o Transportation Department Budding "G" 3301 Tam~am~ Trail East Naples, Ronda 34112 IF TO THE TRUSTEE; Collier County c,/o Real Property Management Department Admmistrahon Building 3301 Tamiami Trail East Naples, Florida 34112 11 Th~5 Agreement represents the enhre Agreemenl between the pames, and no promise, representahon, warranty or covenant not ~ncluded m lh~s Agreement or any such referenced agreements has been or~sbe~ngreheduponbymther party. No mod~flcat~oq or amendment of this Agreement shall be of any force or effect unless made ~n wrd~ng and r.,xecuted and dated by both parties IN WITNESS WHEREOF, Trustee and County have caused this Agreement to be duly executed on Ihe day and year first above written. AS TO TRUSTEE: DATED: ATTEST: DWIGHT E. BROCK, Clerk COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA. BY ITS BOARD OK COUNTY COMMISSIONERS, ACTING IN THEIR CAPACITY AS TRUSTEE OF THE GAC LAND TRUST DEPUTY CLERK BY: BARBARA. B. BERRY. Chmrman AS TO COUNTY: DATED' ATTEST: DWIGHT E. BROCK, Clerk COLLIER COUNTY. A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA. FOR AND ON BEHALF OF THE TRANSPORTA'FION DEPARTMENT OF COLLIER COUNTY DEPUTY CLERK BY: BARBARAB. BERRY, Cha~rma~ Approved as Io form and legal suffioenc~: , Assistant County Attorney No. /~ D ./ OCT 1 3 1998 Pg. AVATAR May 11. 1998 Collier County Government Support Ser¥ices Division Real Property Management Department Division of Administrative Services 3301 E. Tamiarni Trail · Naples, Florida 33962 RECEIVED 1 3 1598 RE. AL ,~,.9~.~q~'. MGMT. Attention: Ms. Sandra Taylor, Director Re: 1983 Agreement between Avatar Proper'ties Inc. and Collier Count.,,' Proposed Expenditure - Rural Safety Refuge Structures Dear Ms. Taylor: I would hereby, on behalf of Avatar Properties Inc., acknowledge receipt of your recent correspondence dated April 28, 1998, which deals with the above-captioned matter. As indicated in your correspondence, I did previously address this matter in my letter of September 5, 1997. With the providing of the additional information in question concerning the maximum expenditure of S50,000. location, sketch of a type of the Rural Safety, Refuge Structure, etc., I have received from you sufficient information upon which to respond directly to your request for a "Letter of No Objection" with regard thereto. Based upon the above, I am, on behalf of Avatar Properties Inc., advising the Collier County Government and the Golden Estates Land Trust Committee that said corporation does not have any objection to the expenditure of the funds indicated above for the ~:onstructing of Rural Safety Refuge structures within Golden Gate Estates. If you have any questio'ns or should desire further documentation, please feel free to contact me at )'our convenience. Sincerely, AVATAR PROPERTIES INC. Dennis J. German Executive Vice President - General Counsel DJG/kc cc: Frank DelleCave P.O. Box 023003. Miami, Florida 33134-3000 - f305) ,142-7000 FAX (305) 448-9927 EXECUTIVE SUMMARY EXECUTE CONTRACTUAL AGREEMENT WITtt EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT FOR FIRE AND RESCUE PROTECTION SERVICES WiTIilN TIlE COLI,IER COUNTY FIRE CONTROL DISTRICT. OBJECTIVE: To obtain Board of County Commissioner's approval to execute a contractual agreement with East Naples Fire Control and Rescue District for provision o£ fire protection seFvices within the Board of'County Commissioner's Collier County Fire Control District. CONSIDERATION: Pursuant to Collier County Ordinance No, 84-84, as amended, the Count,,, created the Collier Count>' Fire Control N'lunicipal Services Taxing Unit for basic fire protection services outside of Municipal and existing fire district boundaries. The term of this Agreement shall be effective October 1, 1998 through September 30. · 1999 FISCAi. IMPACT Funds are available in Collier County Fire Control District Fund (148 144300 881400), Anticipated FY 1998-1999 payment to the East Naples Fire Control and Rescue District is $74,000. GRO\VTt! ~IANAGEMENT IMPACT: None RECOS1MENDATION: That the Board of County Commissioners approve the attached SeFvice Agreement between the East Naples Fire Control and Rescue District and the Board of County Commissioners and authorize the Chairman to execute same. Jeff' Pag~',;k~ing Ope~tions Chief E.Mg.D~epartment REVIE\\'ED t3T. t )~ Diat,e B. Fla'~- Chief Emergency Ser('ices Department Leo Ochs. Administrator" £uppoFt Sec'ices Div'ision Date: ,'/,/ f~'/i ? .'. Date: Date: O Cl' 13 1998 SERVICE AGREEMENT BETWEEN TIlE EAST NAPLES FIRE CONTROL .&.ND RESCUE DISTRICT AND THE BOARD OF COLLIER COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA This SERVICE AGREEMENT (Agreement) made this da',' of , 1998, bv and between the BOARI) OF COUNTY CO.M.MISSIONERS OF COLL'IER COUNTY, FLORIDA, (hereinafter referred to as COUNTY). and the EAST NAPI,ES FIRE CONTROl. AND RESCUE DISTRICT. V,'ITNESSETI! V,'IIEREAS, pursuant to Collier County Ordinance 84- 84, as amended, the Board of County Commissioners created tile Collier Cot, nty Fire Control .Nlunicipal Sen'ice Taxing 't'nit, ( hereinafter referred to as tile" Collier County Fire Control District" ): and XYIlEREAS. the Collier County Fire Control District. as created by Collier County Ordinance No. 84 - 84, as amended, includes all of tile unincorporated area of Collier County. Florida, that is not included within a dependent or independent fire control district: and \VtlEREAS, tile EAST N.&.PI.ES F1RE CONTROL AND RESCUE DISTRICT has the necessar?' equipmenl and personnel, as described in fire del)nrtment response procedures Exhitlit ".&." attached hereto and incorllorated herein, to provide fire control and fire prevention aud rescue se~-vices lo sub-areas of the Collier Coontv l:ire Control l)istrict: and \VttEREAS, described abox e V(HEREAS. of the Florida Chapler 163.01, resctle 5elwice ! Control l)i~trict certain portions of the Collier Cot, nty Fire Control District requires fire and rescue protectioo se,'¥ices: nnd the parties desire to enter into this Agreement under the .authorit? Intergovernmental Cooperation Act of 1969 (as amended), being et.seq,, for tile purpose of mosl efficiently providing fire sea-'ice nnd o those geographic arens and parts of the Collier County Fire which nrc tile subject of this agreement; NO~\'. TIIEREFORE. in consideration of the premises and covenants set out herein, and other valt, able considerations itl hand received this date, each part?' from the olher, v,'hich is hereby ackn(m led~.e(l, the parties herelo agree as follo',vs: 1998 The term of this Agreement sh,all be effective from October 1. 1998 to September 30, 1999. This Agreement ma.,,' be amended as to its terms and conditions at any time by n~utual consent of both parties, through a writing executed with the same formalities as Ibis Agreement by both parties. The EAST NAPI.ES FIRE CONTROL AND RESCUE DISTRICT agrees to furnish fire protection and rescue se~'ices, to a portion of the Collier County Fire Control District. The fire department responses as described in Exhibit "A" sh,all be deemed to establish the closest station response to calls for ser','ice in the Collier Col.~llt~,' Fire Conlro] District. The EAST NAPLES FIRE CONTROI. AND RESCUE DISTRICT shall furnish said fire protection and rescue ser'vices within a primar'y ?.one of coverage within tile Collier County Fire Control District. as well as in other zones of the Collier County Fire Control District. as required by procedure, or upon lite request of, the County or of other Collier Count,,' Fire Control Districl contract providers. 'File Fire Chief of the EAST NAPi. ES FIRE CONTROL AND RESCUE I)ISTRICT shall, in conjunction ~,','ith the Chief of the Count.,,' Department of Emergency Serx'ices and the other agenc.,,' Fire Chiefs servicing tile Collier County Fire Control District. fonvard lo the County a map. indicating and confirming each agency's primar-v and secondarn response zone within the Collier County Fire Control District. Said services shall be provided in the same manner, level and priority ,as tile fire protection and reserve ser~'ices furnished within tile regular EAST NAPLES FIRE CONTROl..AND RESCUE DISTRICT, taking into consideration the time. distance and resot,rce limitations of tile EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT. The COUNTY agrees Io pay the EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT for services rendered to a portion of' the Collier County Fire ('ontrol District ['}t~r'stlalll tO lite requirements of paragralth t~o above. from taxes collected during Fisc,al Yeqr 1998-1999. Payment shall be calculated from lite latest lax `assessment rolls available 31ay I" of each year of' this A,.,reement. Available t`ax revenue is tile Iotal amount of t,axes available for fire and rescue protection services after costs of collection \axe been deducted. Pa,,'mc~:l is to be paid on a quarterly basis on January' 1: April l:.lulv 1: and SelltCmbcr 1. Revenue and p,ayment ~'ill be based on the follo~ lng fol'llllil;l: 'l'ol`al ad valorem revenue for lite Collier County Fire Control District less collection f,ees and aclministrative costs, less tile paymen! required to fund contractual fire sera'ice for Goodland and IIorr's lsla~d, less ne_o. go[iated payment of 12.01% to the Isles of Capri 3Iunicipal Rescue and Fire Services Taxing District. The East Naples Fire Control and Rescue Distric{, the Ochopee Fire Control District and the Golden 1998 Gate Fire Control and Rescue District shall each receive 29.33% of the remaining balance. Payments to the EAST NAPLES FIRE CONTROL AND RESCUE DI'.q, TRICT shall he made quarterly by tile CO[:NTY on tile following dates; .lanua~' I, April 1, ,luly I, and September I. .4. Both parties to this Agreement hereby agree to cooperate and participate in mutual programs and projects in the interest of fire and rescue protection within the County of Collier, and with tile Fire ~larshall of tile State of Florida. 5. This Agreement may be terminated bv either party upon thirty (30) day written notice to the other parl.v prior to the end of any quarter as set forth in paragraph 3 above. 6. All Sen'ice Ai~reements, and amendments Ihereto, betv,'een tile County and the EAST NA~PLES FIRE CONTROL AND RESCUE DISTRICT relating to the area previousl)' termed the Collier Count.v Fire Control"District are hereb',' re.~cinded and superseded. In \VITNESS \VItEREOF, tile parties hereto do hereby affix their hands and seals on this day o{' 199§. OCT 1 3 1998 ATT£ST: E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Barbara B. Berry, Chnirmnn Fred Johnson. Secretarw EAST NAPLES FIRE CONTROL Tom Cnnnon, Chairman Approved as to form and legal surficie,,cy: Robert Za/chao' .Assistant County Altorney 0CT 1 3 1BB8 EXHIBIT "A" FIRE DEPARTMENT RESPONSES TYPE OF SITUATION FIRST DUE PRIMARY DIST. 1 SECOND DUE SHARED DIST. 1 UNKNOWN SUBSTANCE EMERGENCY I PUMPER I RESCUE 1 COMMA;,IDER PUMPER COMMANDER HIGH HAZARD BRUSH FIRE SEASON FORESTRY 2 BRUSH UNITS OR 1 PUMPER AND 1 BRUSH UNIT I COMMANDER 1 BRUSH UNIT 1 COMMANDER OUT OFSEASON FORESTY 2 BRUSH UNITS OR 1 PUMPER AND 1 BRUSH UNIT 1 COMMANDER NO RESPONSE VEHICLE ACCIDENT 1 RESCUE UNIT NO RESPONSE WITH WATER RESCUE CALL I RESCUE UNIT NO RESPONSE SMALL VEHICLE FIRE 1 PUMPER NO RESPONSE (CAR, PICK-UP) lARGE VEHICLE FIR,-': (TRUCK, RV, SEMI OR UNKNOWN TYPE) 2 PUMPERS 1 COMMANDER 1PUMPER I COMMANDER REGULAR HOUSE OR TRAILER FIRE (SO. OF SR 84) 2 PUMPERS 1 COMMANDER I TANKER 1 COMMANDER AS ABOVE, BUT NO. OF SR 84 1 BRUSH 1 TANKER 1 PUMPER 1 COMMANDER 1 COMMANDER COMMERCIAL OR LARGE RESIDENTIAL 2 PUMPERS 1 COMMANDER 2 TANKERS 1 COMMANDER BRUSH UNITS MAY BE SUBSTITUTED FOR TANKERS ON ALL STRUCTURAL FIRE CALLS. COMMANDER: ANY OFFICER THAT HAS AUTHORITY FOR COMMAND. AG[ ~',~ ~I ,,~,~, No. _....?_-' /-' '"~ 0C'] 13 1998 pg. i ' EXECUTIVE SUMMARY AMEND SOFTWARE I.ICENSING AGREEMENT (97-2668) OBJECTIVE' To amend thc referenced medical billing software agreement in order to ensure that the County retains the capability to operate and receive support for its current application. CONSIDERATIONS: Thc County is presently entered into a license and support agreement with Sweet Computer Systems to usc (and receive technical supporl in tile usc of) an application known as "Acclaim!", tile vendor's Windows-based ambulance billing solution. The product was developed jointly with a third party vendor, Pinpoint Technologies. Within the last three months, Sweet has advised that its partnership with Pinpoint has been dissolved and as a result, says that it is not capable of fully supporting thc Acclaim application at tile present time. As a result, fSwcct }las offered thc County three alternatives to remedy the situation. These include stay with thc Acclaim product and wait for Sweet to obtain and develop resources internally to fill the current void, contact Pinpoint and negotiate a separate license/support agreement with that firm or migrate to Swcct's A2000 product, a Dog- based solution. Staffhas considered the advantages and disadvantages of all three options and also considered obtaining a retired from Sweet for the original license fcc and resume searching for a permanent ambulance billing solution. After evaluating each alternative in detail, stafl'clcctcd to pursue migrating to thc A2000 product subject to Sweet meeting thc f'ollowing cmlditions: · To have tile County in production using thc A2000 product (c.g.; installation, testing and training) by October 1~t. · To refund tile original license and support fees paid ifthe migration to A2000 is unsuccessful. 'Fo migrate tile County to tile alternative product at no cosl to tile County. · To move tile County back to a Windows-based product in thc future, also at no cost. Sweet agreed to these essential (and other) conditions and has subsequently moved tile County into Ii~ll production using tile A2000 product. In order to codify thc chances to thc original agreement and reserve thc County's right to move back into tile Wind-ows cnvironnmnt in thc lhturc, an amendment to tile original license and support ngrccmcnt Attorney's Office has reviewed and approved the amendment (attached) and staff recommends approval by the Board. FISCAl. IMPACI"' None resulting from this amendment. GROWTlt,MANAGE1MENTIMpAq:T: N/A. REq:OMMENDATION: That the Board of County Commissioners approve amendment (."1) to agreement 97-2668 and authorize thc Chairman to sign the agreement on behalf of the Board. Steve Carnell. Purchasing/General Sen'ices Director, CSM John'~Yonkosky, ._._x~ / Dia'¥ Flage. 0 Em. ffrgenc?Se~'iccs Chief REVIE\VED BY: ~ ~, ~"' Date: \Vi!liam R. Coakley, Information Technology Director Leo Ochs Jr., ,/ Sup;)on Services Adrnimstrator SEP.-21'98(MON) 12:00 FAC ~GMT/PURCH TEL:l-941-793-3795 P. O01 AMENDMENT TO LICENSE AND SUPPORT AGREEMENT BETWEEN COLLIER COUN'i~ FLORIDA AND SWEET COMPUTER SYSTEMS INC. (AGREEMENT 97-2668) AMENDMENT #1 This amendment, dated , 1998 to the referenced agreement shall be by and between the parties to the original agreement, Sweet Computer Systems (to be referred to as 'Sweet') and Collier County, Florida, (to be referred to as "the Customer'). A. This amendment is the product of the following circumstances and events: 1. Pursuant to the licensing and support agreement, Sweet has Installed the Acclaim! software product. The Customer deployed the product Into live production based on assurances from Sweet that all remaining perfon"r~nce .. problems would be fixed on a timely basis. Bo On June 26, 1998, Sweet notified the Customer of its Intent to discontinue its joint association with Pinpoint Technologies on the Acdaiml product. This event, as expressed In correspondence dated July 31, 1998 from Sweet to the Customer, has had the effect of preventing or substantially delaying Sweet's ability to fix the problem areas referenced under paragraph #1. Further, the Customer has been forced to temporarily migrate current production back to the previous software application until the problem areas are completely addressed. 3. As a result, Sweet offered various remedies to the situation and encouraged the Customer to migrate to the DOS-based Ambulance 2000 product. The Customer hereby agrees to temporarily migrate from a Windows-based solution to the A2.000 product, subject to the following conditions: The product must meet all other technical (excepting for the Windows environment) and performance requiremenLs of ColJier County RFP 97-2668 and the License and Supped Agreement of October 28, 1997. 2. The product must be year 2000 compliant. The product must be successfully installed, including the provision of proper, complete and dmely on site training and technical support services not later than October 1, 1998 in accordance with the schedule established under attachment A Io this amendrnent. Training shall commence on Monday September 28, 1998 and shaft be completed on Thursday, October 1, 1998. There shall be no deviations from this schedule without the pdor approval o1' the Customer's authorized representative. page 1/3 OCT I 3 1998 SEP.-21'9g(MON) 12:01 FAC MGHT/PURCH TEL:I-941-793-3795 P. 002 o In the event and for any reason that Sweet is unable to support or maintain the product, the Customer shall have access to a copy of all source code pertinent to the operation of the A2000 product through Sweet's designated Escrow agent: James Updegraff 117 S. Vine West Union, IA 52175 (tel.) 319-422-6021 Sweet shall keep the Customer advised of any changes regarding the above Information as it occurs. Sweet would provide a fully operational ASCII Upload/Download interface between the data collections software and A2000. The Customer reserves the right to accept/reject the A2000 solution subsequent to installation should the installed product fall to meet the requirements of RFP 97-2668 or the License and Support Agreement. Pdor to on site training and installation, the Customer and Sweet shall develop and agree to a checldist of performance items pursuant to the successful installation and acceptance of the A2000 solution. In the event that the Customer rejects the A.2000 installation, the Customer shall be entitled to request and receive a full refund of all funds paid for the Acclaim! product under the License and Support Agreement. Acceptance shall r,,ot unreasonably withheld. Sweet agrees to migrate the Customer to a Windows or Windows NT-based solution not later than October 1, 2002. Said m[gratJon would be scheduled in a mutually acceptable manner with priodty given to minimizing interruptions to current billing production. Services provided by Sweet to the Customer pdor and during the migration shall include, but not be limited to the following: Complete technical review of the Customer's current hardware, software and network configurations and direction as to any preparatory steps required by the Customer to accept the new product. b. Comprehensive on site Installation and training services. c. Complete system documentation. Sweet shall provide all upgrades of and enhancements to the A2000 product. This shall Include all changes in requirements mandated by the Federal Government and private insurance providers, which would impact the Customer's ability to conduct business in a manner compliant with these requirements. Page 2/3 .*o~-~ 0 CT 1, 3 1998 SEP.-21'gRiHON) 12:01 FAC HGHT/PURCH TEb:I-941-?95-$?95 P. O03 '9." Sweet shall provide all services identified under this amendment t~ the Custemer at no additional cost, Including a one year maintenance and support pedod commencing October 1, 1998 and ending on Soplember 30, 1999. All such services provided subsequent to that time pedod shall be compensable pursuant to a negotiated maintenance and support agreement, between the parties. All other terms and conditions of the license and support agreement shall remain in force. IN WITNESS WHEREOF, the Customer and Sweet have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above wrftten. ATTEST: Dwight E. Brock, Clerk of Courts BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Dated: Witness Pdnt./type Witness Name Approved as to form and Legal suffidency: By: Barbara B, Berry, Chairman SWEET COMPUTER...%~-~S, INC. CORPORATE SEAL Assistant County Attorney 9/21/98 Page 3/3 0CT 1 3 1998 APPROVAL Of A RESOLUTION UPDATING THE COLLIER COUNTY AMBULANCE SERVICE USER FEES OBJECTIVE: To have the Board of County Commissioners adopt a resolution updating ambulance service user fees. CONSIDERATIONS: On September 13, 1994 the Board of County Commissioners approved an ordinance and resolution to establish a new ambulance billing process. This process allowed staff to accept patient insurance payments including Medicare/Medicaid assignments prior to direct billing the .patient for any allowable unpaid balance due. The initial rate established in 1994 was a single charge of $250 for a transport. On June 25, 1996, the Board amended the 1994 ordinance and adopted a new billing resolution. These changes were approved to optimize and maximize the allowable revenues from Medicare and other sources. The rate approved by the Board was $302 for an ambulance transport. Medicare increases its allowable amount every January based on charges billed for an ambulance transport for the twelve month period ending the previous June 30. Attached as Exhibit 1 is the fee screen (allowable fees) Medicare provided to Collier County for the twelve month period beginning January 1, 1998. Attached as Exhibit 2 is a listing of the counties Medicare uses to develop Collier County allowable rates. Staff recommends a rate of $300 per transport for fiscal 1999. Attached as Exhibit 3 is a schedule of definitions (charge categories) used by Medicare to determine the allowable rates for Collier County. Medicare has pre-approved a mileage allowable rate for Collier County of $4.21 (BLS) or $4.16 (ALS) per mile. See Exhibit 1. At the present time, Collier 'County's rate resolution does not provide a mileage charge. The attached rate resolution includes a charge of $5.00 per mile for each ambulance transport. Intracounty transoorts will be capped at seven miles. Out of County (interfacility) transports will be billed at actual miles. The addition of a $5.00 per mile charge for each billable transport will generate a net positive cash flow to the County in excess of $300,000 over a twelve month period. The attached resolution includes a waiver of special event charges for the Collier County School Board. The waiver is for stand-by charges for varsity football games played in Collier County. These charges have historically been $3.500 to S4,500 on a seasonal basis. ~o., OCT 1 3 998 Pg._ / _ FISCAL IMPACT: Board approval of the attached resolution will generate a net ambulance fee revenue of $3,564,000 for fiscal 1999. There is no additional operating cost to the Board to implement the new fees. Approval of this resolution is in accordance with the Board's budget directions for EMS for fiscal 1999. GROWTH MANAGEMENT IMPACT: NA RECOMMENDATION: The Board adopt the attached resolution. Prepared by: .xx,,~x ¢ ~ Date: Jo~,~ A. Yonko.~v.~'"~)irec~..~ Del:ffartment of Revehue Services Reviewed by: ,,~_/,/ /'-?...~, ~,. I , ~....,~ l~.,,.,i ,; Date: -, I~ Kc' Flagg,"'Chief Emergency Services Department Reviewed by: "'~ (~- ~.:. · ~/.. { '. ,. '~'~'"'~ Date: Leo Ochs, Jr., AdmiCstrat°r Suppod Services DFvision ,i g'66~ ~ ~ 130 _ ~ ~")' ',,... Ii ~o~>> '~ 0~ ~0 /i m~ om ~ 0 m ~00 ~0~ ~ Eo© z ~m ~ ~© -- O~ r'zl 7 ~ ~ Z ~ ~ oo m~O O 0 > 0 m Z 2 3 8 9 10 11 ~3 ~5 ~6 17 ~8 19 20 2~ 23 2~ 2~ 26 27 28 29 31 32 33 34 35 36 37 38 39 40 4] RESOLUTION NO. 98 - RESOLUTION APPROVING USER FEES FOR COLLIER COUNTY AMBULANCE SERVICES PURSUANT TO COLLIER COUNTY ORDINANCE NO, 96 - 36; ADOPTING BILLING AND COLLECTION PROCEDURE; PROVIDING ADJUSTMENTS AND WAIVERS; AND APPROVING HARDSHIP CASES AND PAYMENT PLANS WHEREAS. Collier County Emergency Medical Services (hereinafter sometimes referred to as 'EMS') provides ambulance services to the residents and visitors of Colher County; and WHEREAS, the Collier County EMS operating budget is funded exclusively through ad valorem taxes and user fees; and WHEREAS. Collier County staff analysis oi' Ihe cost for ambulance services requires an adjustment to the user fees to properly identify current costs of services to the residenls and visitors of Collier County; and WHEREAS, Collier County Ordinance 96 - 36 provides that the user fees for ambulance services may be established by Resolution oi' the Board of County Commissioners (hereinafter sometimes referred Io as 'lhe Board'). NO~,~,, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN'FY, FLORIDA that: SECTION ONE: EMS USER FEES USER FEE A. EMS AMBULANCE TRANSPORT BASE RATE $ 300 B. EMS AMBULANCE TRANSPORT PER MILE $ 5 - IN COUNTY TRANSPORTS CAPPED AT 7 MILES - ACTUAL MILEAGE FOR OUT OF COUNTY INTERFACILITY TRANSPORTS C. SPECIAL EVENTS: - TWO (2) MEDICS/ONE VEHICLE (PER HOUR) $ 75 - ONE (1) MEDIC/NO VEHICLE (PER HOUR) $ 40 D. COPIES OF DOCUMENTS/PER PAGE $ 1 (EXCLUDING GOVERNMENTAL AGENCIES) CHARGE E. INTEREST ON PAST DUE ACCOUNTS 1% 0C!' i998 t SECTION TWO: BILLING AND COLLECTION PROCEDURE 2 The following shall be the minimum guidelines for billing and collection 3 procedures for ambulance service fees and charges: ,~ A Initial fees and charges for ambulance service(s) shall be assessed either 5 prior tO or following the service provision, as services dynamics reasonably permit. .,L- Unpaid fees and charges, subsequent to time of service, shall be reflected in an ? accounts receivable subsidiary ledger system to be maintained by the Revenue 8 Services Department. 9 B An initial bill for ambulance services shall be processed in the following 10 manner within thirty (30) days after service ~s provided, 1~ 1. The County will send an initial bill to the service recipient's or 12 responsible party's insurance career provided that appropriate 13 insurance information is made available to the Revenue Services 14 Department. The Revenue Services Department will accept Medicare 1S assignment, as a participating provider, and will wait no less ~han 45 16 days for payment if Medicare or other insurance carder is billed. If 17 the claim is denied, a bill will be sent to the service recipient or 18 responsible party. 1'~ 2. The Ccunty will also send a bill to Medicaid and accept assignment if 20 appropriate insurance information is made available to the Revenue 2i Services Department by the service recipienl or responsible party. 22 The Revenue Services Department will wait no less than 60 days for 23 payment if Medicaid is bitled. If the cJaim is denied, a bill will sent to 24 the service recipient or responsible party. 25 3. In the event the service recipient or responsible party does not have 26 or does not provide proof of insurance coverage, the bill for 27 ambulance service(s) shall be sent directly to the service recipient or 28 responsible party for payment. The Revenue Services Department 29 will wait no less than 30 days for payment. 30 The following will occur if paymenl has not been received within 31 above set guidelines: 32 a. A past due notice will be sent in accordance with the above 33 provisions (45 days after billing third party or Medicare, 60 9 ~2 /3 I? 2~ 30 3; 32 days after billing Medicaid and 30 days after billing responsible party or service recipient). D. Thirty (30) days) after the first past due notice is sent, a second past due notice will be sent. ¢. After a ten (10) day grace period, the account will be sent to [he County's contracted collection agency. C. Interest will be assessed at 1% per month on alt accounts that are either sent tO the County's contracted collection agency or set up for a payment plan (excluding hardships that adhere to County policy). D, A reasonable and customary payment plan will be made available for all service recipients or responsible parties. Should the service recipient or responsible party at any time fait to meet the terms and conditions of the payment plan, the unpaid balance shall be administered in accordance with Section B.3 above. E. When ambulance service bill(s), al any stage in this billing and collection procedure, are returned because the Postal Service cannot effectuate delivery, the Revenue Services Department shall make a reasonable effort to ascertain the correct mailing address. I[ reasonable efforts to ascertain a correct address fail, the account(s) may be considered for other collection alternatives. F. Nothing contained in this section shall preclude reasonable telephone or other appropriate contact for billing and collection purposes, in accordance with all applicable laws. O. Throughout the fiscal year, the Revenue Services Department shall review all past due accounts and report to the Board of County Commissioners on an annual basis, of all past due accounts which are believed to be uncollectible. The Board shall, after reviewing these past due accounts and after finding that diligent efforts at collection have proven unsuccessful, remove these past due accounts from active accounts receivable in accordance with generally accepted accounting procedures and pursuant to law by Resolution. AGE t~,~ ITC~ OCT 1 3 1998 Pg.. .... ~ I $ 6 7 8 9 ~0 12 13 16 17 19 2O 22 23 24 25 26 29 3~ 32 Contractual regulations SECTION THREE: ADJUSTMENT OF EMS USER FEES The following shall be minimum guidelines for adjustments ambulance service lees. Other adjustments are authorized by the Board of Coun~ Commissioners in accordance with cdteria eslablished by lho enabling Ordinance. A Medic.~r~ ~nd ContractuaI adjustments under Medicare assignment will be made in accordance with applicable rules and regulations ~Jctim'~ Compensation Contractual AdJustm~nt~, adjustments will be made In accordance with applicable rules and SECTION FOUR: WAIVER OF EMS USER FEE Pursuant to Ordinance No. 96 - 36, and from the effective date of Ihis Resolution. user fees for EMS ambulance stand-by services for the following community special events shall be waived as the Board finds that a valid public purpose is hereby established m recognition of their charitable contributions to the Communily: (1) Collier Coun~ Fair; (2) Everglades Seafood Festival; (3) Senior PGA; and ('4) Nuveen Masters; (5) Collier County Public School varsity football games. Fees for other ccmmumty special events may be waived in accordance with criteria established by the enabhng OrCinance. SECTION FIVE: HARDSHIP CASES AND PAYMENT PLANS The Board recognizes that certain service recipienLs may need to be identified and processed as hardship cases. Payment plans will be established pursuanl to the minimum guidelines set forth in this Resolution, A. Hardship cases will be established in accordance with the State's Financial hardship guidelines, as used by HRS-Collier County. B. Payment plans for hardship cases will De set up on a monthly basis, wilh a minimum payment of $10.00 per monlh. Hardship cases, placed on a payment plan will not accrue interest or be placed into collection. Notwithstanding the foregoing, if a service recipient has a payment plan and does not make the scheduled payments for a period longer than two (2) months, the account will be turned over to the County's contracted collection agency and interest will begin to accz'ue. SECTION SIX: SUPERSESSION OF RESOLUTiON 96.303 This Resolution shall supersede Resolution No. 96-303 2 SECTION SEVEN: ADOPTION AND EFFECTIVE DATE This Resolution shall become effective on October 1, 1998 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Flodda, this day of AT'TEST: DWIGHT E, BROCK, CLERK BY: 6 7 8 9 10 11 12 Approved as to form and 13 legal sufficiency: 16j,. / (~ /) -/'~'-- 17~" David C, V(/eigel 18 County Attorney · 1998. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY: BARBARA B. BERRY, CHAIRMAN .o. OCT 1 3 1998 pg.. EXECUTIVE SUMMARY  LECTION OF UNDERWRITER,S, (RFP 98-2855) IN ANTICIPATION OF REFUNDING TIlE LLIER COUNTY WATER/SE~ ER DISTRICT REVENUE BONDS, SERIES 1991. OBJECTIVE: That the Board of County Commissioners approve the selection of undem'riters in anticipation of a forward refunding of the Collier County Water/Sewer District Water and Sewer Revenue Bonds, Series 1991. CONSIDERATIONS: On August 4, 1998 the Board approved the issuance of a Request for Proposals (RFP 98-2855) to select underwriters in anticipation of proceeding with a forward refunding of the Collier County Water/Sewer District Water and Sewer Revenue Bonds, Series 1991. Historically, prior to recommending any proposed refinancing/refunding of an existing County bond issue, the net present value savings generated has been a minimum of 5%. At that time the Board also established, based on current market conditions, a net present value savings target for the forward refunding of 7%. In response to the RFP, the County received proposals from seven firms. The RFP questions covered a broad range of issues including proposed financing plans, qualifications of each firm and assigned personnel, marketing/distribution capabilities, underwriting experience, and proposed fees. The Count.,,' Finance Committee met to review the proposals received, in consultation with the Countv's financial advisor. The committee's recommendation was developed after each voting member ranked'the top four firms. The results of the rankings were as follows: Raymond James received 16 points, Saloman, Smith. B~[[lffrney received 16 points, M'errill Lynch received 8 points, A.G. Edwards received 6 points, and iorgan Stanley received ,1 points. Raymond James was ranked first by three committee members, while loman, Smith, Barnes' and M'organ Stanley were each ranked first by one committee member. The committee discussed the merits of having a sole manager as compared to having a senior manauer and a co-manager. Based on the relative scores and the potential for enhanced marketability of ~'he bonds, the committee determined that Raymond James and Saloman, Smith, Barney should both serve on the undem,'riting team. Based on their being ranked first by three committee members, the Finance Committee recommended that Raymond James serve as the senior managing underwriter and Saloman, Smith, Barney serve as co-managing underwriter. The Raymond James proposal also identified the opportunity to refund the County's Series 1992 Water and Sewer Bonds in conjunction with the Forward Refunding of the Series 1991 bonds. Combininu these refundings will provide a mechanism for nding the costs of issuance associated w th the Series 1991 Forward Refunding anti increase the le,,el of savings on the Series 1992 refundinu through economies of scale with respect to costs of issuance and stafftime. Staffwill continue to monitor market conditions, tO determine if this additional refunding is warranted based on financial feasibility. .'(..6. 1998 FISCAL IMPACT: There is no direct fiscal impact associated with the recommendations of this j~xecutive Summary as this merely puts the financing team in place for the proposed refundings. ROWTH MAN,~GEMENT IiIPACT: None. RECOMMENDATION: That the Board of County Commissioners: approx:e the selection of Raymond James & Associates, Inc. as the senior managing underwriter and Saloman, Smith, Barney ,'ts the co-managing underwriter in anticipation ora forward refunding of the Collier County Water-Sewer District Water and Sewer Revenue Bonds, Series 199 I; Michael Smykowski, OMB Director Steve'Carnell, P"urchasinu Director Approved by: 2. authorize staffto continue to monitor market conditions to determine if refunding the County's Series 1992 Water and Sewer Bonds in conjunction with the Forward Refunding of the Series 1991 bonds is warranted based on financial feasibility. Upon determination of financial feasibility, staff will bring forth a recommendation to the Board to proceed with this additional refunding. Submitted by:~ / t,:,, ~..~ .3d"~ DATE: October 6, 1998 DATE: Robert F, Fernandez, COunt,,, Adm~istrator October 6, 1998 DATE: /'L)'(..;' Ii'l October 6, 1998 AGENDA 0CT 1 3 1998 pg. ~ BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE OCTOBER 13. 199g FOR BOARD ACTION: MISCEI.LANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: A. September 21 through September 25. 1998 - 3. Districts Florida Development Finance Corporation - Annual Report for fiscal .,,'ear 1996- 97. Health Pl:mning Council of Southwest Florida. Inc.- 199g-1999 District Eight Health Plan 4. Minutes: Code Enforcement Board. South - August 14, 1998 minutes. Emergency Medical Services Advisoo' Council - August 26. 1998 minutes. Hispanic Affairs Advisor-,' Board - June 25. 1998 minutes. Historical/Archaeological Preservation Board - September 18. 1998 agenda. Immokalee Beautification M.S.T.U. Advison' CommitTee - September 16. 1998 agenda and August 19, 1998 minutes. 5. Other: Collier Count>' Health Department - Third Quarter Contract Management Variance Report for Fiscal .,,'ear 10/1/97 - 9/30/98. AGENDA ~_M No. /dp 1998 EXECUTIVE SUM2tARY RECOM/MENDATION THAT THE BCC AUTHORIZE THE PROCUREMENT OF IM3%GING HARDWARE AND SOFTWARE. OBJECTIVE: To purchase hardware and software for an Imaging system. CONSIDERATIONS: Funding for an Imaging system was approved for the FY 1998 budget year under 301 Fund guidelines. The selected software system will be purchased from R&S Integrated Products and Services, Inc. under the state contract and integrates with the Imaging system selected by the Clerk of the Courts. The purchase of this system will enable communications between the Clerk, the Court, and the Sheriff's Office operations. The system will provide the Sheriff's Office with more efficient records retention. The hardware will be purchased from Gateway Computers per the state contract. FISCAL IMPACT: $200,000 is budgeted in Fund 301. The cost to purchase the Imaging system will be $141,046.00 and is available in: Fund: 301 Cost Center: 611010 Object: 764360 Project: 01007 Facilities Mgmt., Countywide CIP Law Enforcement - Pd. by Sheriff Office Equipment Imaging GROWTH IMPACT: $!00,000 is budgeted in FY 1998-1999 for additional Imaging expenses. REVIEWED BY: DATE: RECOF~MENDATION: That the Board of County Commissioners authorize the purchase of the R&S Integrated Product Services, Inc. Imaging software and Gateway Computers hardware for an Imaging system. formation Technology Division ~eptember 18, 1998 wpd51\eximagin\dv AGE.~iOA ITSM, OCT EXECUTIVE SUMMARY PETITION PUD-98-3, MR. BRUCE A. RANKIN, R.L.A., OF WILSON, MILLER, BARTON AND PEEK, INC., REPRESENTING LELY DEVELOPMENT CORPORATION, REQUESTING A REZONE FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT IN ORDER TO MERGE THE LELY LAKES PUl) (ORDINANCE NO. 93-32) AND THE NAPLES R & D PARK PL'D (ORDINANCE NO. g$-44) INTO A NEW PUD TO BE KNOWN AS LELY LAKES GOLF RESORT PUD FOR PROPERTY LOCATED ON THE SOUTH SIDE OF U.S. 41, IN SECTIONS 29.30.31. AND 32. TO\VNSttIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: This petition seeks to have certain property rezoned from "PUD" (Ordinance No. 93-32) and "PUD" (ordinance No. 88-44) to "PUD" Planned Unit Development to be known as Lely Lakes Golf Resort PUD which will consist of 749 dwelling units, golf course, hotel/motel and commercial uses. CONSIDERATIONS: The subject site is located within the Urban (Urban - Mixed Use District, Urban Coastal Fringe Sub- district) onthc Future Land Use Map of thc GMP. This area is limited to a maximum density of 4 dwelling units per acre. The applicant is requesting to amend thc two above referenced' PUD Documents and comb/ne them into a singular development that will have a unified Master Plan and PUD document. This new PUD is proposed to allow 749 single and multi-family dwelling units at a gross density of .5 dwelling units per acre. There is also a I0 acre commercial tract, abuttinu WS-41 East svhich pemtits office and commercial uses that are similar to the C-4 district. These uses a~rc listed in greater detail in the analvsis section of this report. 'Fire applicant also indicates that the commcrciaI area will be designed to serve thc residents within the PUD and the residents within the nciuhborint:, communities. ~ ~ accessory uses such as restaurants, gift shops, personal services, recreational amenitie: rooms. Lastly. thc Resort/Village tract rna,,' also contain up to 10,000 square feet retail.'serviccs for the residents and guests of Lely Lakes Golf Resort. The Leis' Lakes Golf Reset', PUD encompasses a land area of approximately 1,559 acres, of which 762 acres have been designated for Golf Course/Open Space uses on the Nlaster Platt. In addition, thc Master Plan provides for a 73 acre conser,.'ation area and a 10 acre Commercial Tract along US-41. Lastly, the plan provides for a 43 acre Residential Tract and a 73 acre Resort%/illage area. Thc remaining land area is comprised of 19 acres of right-of-way and a 33 acre FPL easement and out- parcel. The primary access to thc various development tracts w/thin the PUD is from an intental right- of-way connecting with U,$-41 East. Irt addition, thc master plan provides internal and perimeter landscape buffers, water management facilities, and open space areas. Thc buffering standards, setback standards and architectural standards meet or exceed all requirements of the Land Developntent Code. The Resort/Village tract is located south of the Golf Course/Open Space tract and north of thc consep.'ation area as designated on thc PUD Master Plan. This area permits residential dwellint,, units and a 150 unit motel/hotel. In addition to the traditional hotel as a permitted usc, there will ~Iso be -and of a,:qai OCT 1 3 1998 pa. ] The Traffic Circulation Element (TCE) The Traffic Impact Statement estimates the site generated trips to be approximately 8,743 average weekday trips at build-out in 2003. The combined trips of the two previously approved PUD projects is approximately 11,758 AADT. The proposed change ,.,.'ill result in a reduction of 3.015 vehicle trips on the roadway network, or a 26 percent reduction of roadway impacts. The proposed trips exceed 5% of the LOS "C" design volume on US-41 East fronting the project after trip assignments and adjustments are made. However, the site generated trips will not create a concurrency problem within the projects radius of development influence (RDI) because the project trips don't lower the capacity below any road's adopted LOS "D" standard. The layout of the plan from a planning standpoint is as follows: The primary vehicular access point is from U.S. 41 East. In view of thc adequate depth and sight distance on this road segment, the access point should oper:ate with an acceptable level of safety and is subject to the required permits from the Florida Department of Transportation. The final geometry and design of the access will be reviewed at the time of Prelimina~' Site Development Plan (SDP) ands'or Preliminary Subdivision Plat (PSP) review. The GMP consistency review states that approval of this petition is consistent with policies of the TCE. The Collier County Planning Commission reviewed this petition during ti'mir public hearing on October 1. 199S. By a vote of 9 to 0, they forwarded Petition PUD-98-3 to the Board of Count>' Commissioners with a recommendation of approval subject to the prohibition of construction traffic utilizing Southwest Boulevard and that any connection to Southwest Boulevard be for emergency access only. No one spoke for or against this petition during the public hearing. FISCAL IMPACT: This petition bt' and of itself will have no fiscal impact on the County. However, if this amendment achieves its objective, thc land will be developed. The mere fact that next' development has been approved will result in a fl~ture fiscal impact on County public facilities. The County collects impact fees prior to thc issuance (,f building permits to help off-set the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of se~'ice for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the Count,.' must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: Thc subject property is located within the Urban (Urban - Mixed use District, Urban Coastal fringe Sub-district) designated area which provides for residential development. No additional density is requested as a result of the combining of the Naples R & D Park PUD and the Lely Lakes PUD. Thc residential density of .5 units per acre is less than the 2 units per acre the site is eligible to receive. therefore this petition is fully consistent with the FLUE to the GMP. Inasmuch as the use of thc combined PUD property '^'ill not increase the number of approved residences or the amount of commercial/industrial uses. there will be no additional impact on level of service relationships. Appropriate stipulations to bc included in thc PUD will ensure that Land Development Code requirements will be made applicable to thc development of the subject property, particularly as this relates to native vegetation retention. /7/0 PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission recommends approval of Petition PUD-98-3, being an application to rezone certain properties from "PUD" (Ordinance No. 93-32) and "PUD" (ordinance No. 88-44) to "PUD" subject to the conditions of approval that have been incorporated into the PUD document and attached in the Ordinance of Adoption and made a part of this executive summary. PREPARED BY: PRr CIPAt. P .A ER C~ENT PLA~I~*G SECTION m~ALD NIN'O,~IdP,~fiX~AGER ~C~NT PLA~ING SECTION ROBERI J. MULHE~, AICP, DI~CTOR PL~mG SERVICES DEP~TMENI COM~IIY DEV. A~ ENWlRONMENIAL SVCS, PUD-98-3,tEX SUMMARY/RVB,rb DATE DATE DATE DATE MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DATE: SEPTEMBER 17, 1998 PETITION NO: PUD-98-3, LELY LAKES GOLF RESORT PUD OWNER/AGENT: Agent: Mr. Bruce A. Rankin, RLA Wilson, Miller, Barton & Peek, Inc. 3200 Bailey Lane, Suite 200 Naples, Florida 34108 Owner: Lely Development Corporation Joseph Ryan, Vice President 8825 Tamiami Trail East, Suite 25 Naples, Florida 34113 REOUESTED ACTIONi This petition seeks to havc thc herein dcscribcd land rczoncd from its currcnt classification of"Lely Lal¢es PUD" and "Naples R & D Park PUD" Estates to a mixed usc "PUD" Planned Unit Development to bc known as Lely Lakes Golf Resort. GEOGRAPttlC LOCATION; The property is located on thc south side of the Tamiami 'Frail (US-41) and opposite Naples Manor in Sections 29, 30, 31, and 32, Township 50 South, Range 26 East (Sec location map on following page). PURPOSE/DESCRIPTION OF PROJECT' The applicant is requesting to amend the two above referenced PUD Documents and combine them into a singular development that will have a unified Master Plan and PUD document. The Lely Lakes Golf Resort PUD encompasses a land area of approximately 1,559 acres, of which 762 acres have been designated for Golf Course/Open Space uses on the Master Plan. In addition, the Master Plan provides for a 73 acre conservation area and a 10 acre Commercial Tract along US-41 J plan provides for a 43 acre Residential Tract and a 73 acre Resort/Village area. Thc re~nainitlg area is comprised of 19 acres of right-of-way and a 33 acre FPI. casement and outparcel. The primary OCT 1 3 1998 OCT t3 1998 ] access to thc various dcvclopmcnt tracts whhin the PUD is From an internal right-oF-way connccting with US-4I East. In addition, thc master plan provides internal and pcrimcter landscape buffers, water management £acilitics, and open space areas. Thc buffering standards, setback standards and architectural standards mcct or exceed all requircmcnts oFthc Land Dcvclopmcnt Codc. This new PUD is proposed to allow 749 single and multi-flintily dwelling units at a density of .5 dwelling units per acre. There is also a I0 acre commercial tract, abutting US-41 East which permits office and commercial uses that are similar to the C-4 district. These uses are listed in greater detail in the analysis section of this report. The applicant also indicates that the commercial area will be designed to serve the residents within the PUD and the residents within the neighboring communities. The Resor'ffVillage tract is located south oF the Golf Coursc/Opcn Space tract and north of the conservation area as designated on the PUD Master Plan. This area permits residential dwelling units and a 150 unit moteVhoteI. In addition to thc traditional hotel as a permitted use, there will also be accessory uses such as restaurants, gift. shops, personal services, recreational amenities and meeting rooms. Lastly, the Resort/Village tract may also contain up to 10,000 square feet of additional retail/services for the residents and guests of Lely Lakes Golf Resort. SURROUNDING LAND USE AND ZONING; Existing: The property is currently undeveloped, partially cleared, and is zoned "PUD". Surrounding: North - To tile north is thc undeveloped Collier DRI (Sabal Bay) and US-41. The Master Phm for the Collier DRI indicates that the adjacent properly is designated as a residential area. Thc approved residential density for this PUD is 2.22 units per acre. In addition, the commercial area comprises approximately 163 acres. To tile cast is a developed single-single fitmily community that is zoned RSF-3, RSF-4. RMF-6 and Agriculture. South - To tim south is undeveloped A/ST zoned property ",Vest- The Collier DRI is to tile west. The Master Plan indicates that the adjacent properly is designated for Recreation/Open Space and as a residential area. GROWTH MANAGEMENT PLAN CONSISTENCY; The subject properly is presently zoned ,as two separate mixed use PUD projects allowing for residential land uses, a hotel/motel, industrial & business uses and a one acre retail tract. The currently approved Naples R & D Park at Lely PUD was approve!t in 1988 and is deemed to be consistent with thc 1989 FLUE via tile Industrial Under Criteria provision. 'File I,ely Lakes PUD was approved iT1 1993 under the present FLUE and is deemed consistent with the current Growth Management Plan. A review of the consistency relationships of tile proposed amendme, n_l.~jth.. elements of the GMP is its follows: OCT 1 3 1998 Future Land Use Element - The subject site is located within the Urban (Urban - Mixed Use District. Urban Coastal Fringe Sub-district) on the Future I.and Use Map of the GMP. This m'ea is limited to a maximum density of 4 dwelling units per acre. Therefore, this project is not eligible for an.,,' density bonus provisions of thc Density Rating System. The site is also located within thc Traffic Congestion Boundary which requires that one dwelling unit per acre be subtracted allowing a maximum density of 3 units per acre. Furthermore, the failure to provide an interconnection of local streets v,'ith adjacent properties could potentially result in a reduction of one dwclling unit per acre by tile BCC. As a result, thc project is eligible for a density of 2 units per acre if the BCC determines that an interconnection to the adjacent properties is feasible. Since, the proposed project density is .5 units per acre, this petition is deemed consistent with the density rating system as set ;orth in the Future Land Use Element of thc Growth Management Plan. Furthermore, staffhas interpreted that the "RT" and "PUD" Zoning Districts allow hotel/motel uses outside of' Activity Centers, at a density per the FLUE Density Rating System. The proposed .5 hotel/motel units per acre is well below the eligible density as noted above. The 10,000 square feet of independent commercial uses in the Resort/Village district are consistent with the FLUE which allows PUD's of 300 acres or more, or 1,000 dwelling units or more, to develop a neighborhood commercial area subject to thc following conditions: The commercial zoning shall be no closer than two (2) miles to the nearest Activity Ccnter and 2 miles from thc nearest PUD commercial zoning of 10 acres or greater in size. 'File configuration of the commercial parccl shall allow no more frontage than depth and shall be no greater than 15 acres in size. Lastly, there shall be no construction in the commercial designated area until 50 percent of tile building permits for the development ,xre issued unless otherwise authorized by tile Board of County Commissioners. Since the proposed 10,000 square foot Resort/Village commercial uses arc located in excess of 2 miles from the I0 acre PUD commercial zoning (Sabal Bay) and from any Activity Center. this request is consistent with this criteria. In addition, thc development of thc 10 acre commercial tract is consistent with the FLUE of the Growth Management Plan. Under Policy 5.1 and 5.2 of the FLUE, zoning is CUlTcntly itl compli,'mcc with the Industrial Under Criteria provision and may be amended so long as thc intensity of the use is not increased. Since the Naples R&D Park PUD consists of 64.'8 acres of light industrial and commercial uses, thc proposed 10 acrcs of commercial uses represents a decrease in intensity. In addition, the development of the commercial tract shall not be permitted until such time as tile EAR based amendment to thc Future Land Usc Element of the GMP providing for reductions in intensity to properties formally deemed consistent with thc Industrial under Criteria is determined to be let~alIv effective. Traffic Circulation Elc!u.,~I - Thc Traffic hnpact Statement estimates thc site generated trips to be approximately 8,743 average weekday trips at build-out itl 2003. Thc Combined trips of the two previously approved PUI) projects is approximately 11,758 AADT. The proposed change will result in a reduction of 3,015 vehicle trips on tile roadway network, or a 26 percent reduction of roadway impacts. The proposed trips exceed 5% of the LOS "C" design volume on US-41 East fronting the project after trip assignments and adjustments are made. ttowever, thc site generated trips will not create a concurrency problem within the projects radius of development influence (RDI) because the project trips don't lower thc capacity below any road's adopted LOS "D" standard. As a result, the proposed PUl) rezone will not create or cxcessi~'ely increase traffic congestion on thc a, rtetiakcr~ system at built-out and complies with Policies 1..~, 1.4, 5.1, 5.2, 7.2 and 7.3 oFthc TrafficlCirct~l~a~ Element (TCE). [ OC;]' 1 3 1998 The projected traffic count at build-out for this segment of US-41 fronting thc project is 42,723 VPD which results in LOS "A". The minimum level of sc~,icc standard is LOS "D" for road segments west of CR-951. It should be noted that a proposed improvement to 6 lane US-41 from CR-864 to CR-951 is scheduled to be completed by 2001/02. Therefore, this project meets the County's concurrency requirement and is consistent with the standards referenced in Policy 1.3, 5.1, and 5.2 of the TCE of thc GMP. Open Space Element - Acreage designated as conservation total 634 acres while 730 acres have oecn designated as a golf course/open space on the Master Plan. Together with the lakes and water management areas, qualifying open space exceeds 30 percent open space requirements of Section 2.6.32 of the Land Development Code. In addition, 25 percent o£ the viable native vegetation will be retained on site. Tile total area of viable natural functioning native vegetation is approximately 700 acres within this PUD, therefore, 175 acres are required to be retained in their natural condition. This requirement will be fiflly satisfied within the Conservation Area of the PUD. As a result, the Conservation and Open Space elements of the GMP will be achieved by the PUD development strategy. Other Applicable Element(s) - These include utilities and water management. Development of the land will proceed on the basis of connection to the County's sewer and water distribution system. On~:c these utility lines are completed in accordance with County standards, they will be conveyed to Collier Count>' as required by County Ordinzmccs. Water management facilities will be constructed to meet County Ordinances and these will be reviewed and approved as a sanction of obtaining subsequent development order approvals. Thc above prescribed course of action makes this petition consistent with this clement of thc GMP. ttlSTORIC/ARCIIAEOLOG ICAL IMPACT: StatTs analysis indicates that tile petitioner's property is partially located within an area of historical and archaeological probability as referenced on thc official Collier Count>' Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or waiver from this requirement is required. The State Division of Historic Resources indicates that they have no record of historic or archaeological sites occurring on the project site. Furthem~orc, duc to an ongoing agricultural use on the property, there is a Iow potential for archaeological sites. Therefore, Section 2.2.25.8.1 of the Land Development Code requires the following: If, during the course of site clearing, excavation or other construction actixity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discover2,,' shalL:be immediately stopped and thc Collier County Code Enforcement Department contacted. · ' ' I RANSPORTATI( iN AND 1NFRASTRUCTU1R~: VEXAI, UA YIQ~_ l: OR E1NVIRONIMENTAL, ' ' ' Development Environmental and Engineering staff, and tile Transportation Department of the subject site has been historically cleared for agriculture purposes. There arc app~ acres of Collier County/DEP jurisdictional wetlands on the property. This equals 36 4 The subject petition has been reviewed by tile appropriate staff responsible for oversight related to the above referenced arca_s of critical concern. This primarily includes a review by the Community _s_taft. Porlions .. ,ercent of the OCT 1 3 1998 1,559 acre site. As a result, this petition is scheduled the EAB meeting. Approval stipulations from the EAB Staff report are contnined within the PUD document. Staff completed a comprehensive evaluation of this l,'md use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impact of the proposed land use change, be they positive or negative, culminating in a staffrccommendation based on that comprehensive overview. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the BCC. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or con, whichever the case may be, in the opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report as Exhibit In addition, appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rczoning action would be consistent with the Collier County GMP in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advises as follows: Relationship to Futur~-' and Existin~ Laud Use,~' 3, <gi~,,,s$;zva of ~,~,i5 :e',zt~, m ~ ~ii~ specifically to Collier (;ounty's legal t~is for land use planning, refers to the relationship of the To the north is ~Y-3, RSff-4. r(MF-6 and Agriculture. Fo the south is undeveloped ~S'F zoned prope~y (R~keo' Bay escudO. Thc Collier DRI is to thc west. Thc Master Plan indicates that thc adjacent propc~y is &ai~t~ for Rccrcatiox~'(~ Space and as a r~id~tial area. The cm'Tmntty app,-ovcd Lely Lakes PUT) and the Naples R & D Park at Lely PUD have been deemed compatiblc ',vifi~ thc ndjacent land uses. The proposed petition to combine these two projects will result in the following land use changes: OCT 1 2 1998 COMPARISON OF EXISTING PUDS COMBINED VERSUS TIlE PROPOSED PUD Approved Land Uses: Light Industriat/Commcrcial Uses: 478,500 square feet on 64.8 acres. Residential Dwelling Units: 720 units Golf Course: 27 holes Neighborhood Commercial: I Acre. Hotel/Motel: 150 Rooms Proposed Land Uses: Change: Commercial Uses: 10 Acres Residential Dwelling Units: 749 units Golf Course: 36 holes Resort, rVillage Commercial: 10,000 Sq. Ft. Hotel/Motel: 150 Rooms - 54.8 Acres* 4-29 Units +9 Holes of Golf + 10,000 Sq. Ft, No Change * The Light Industrial hind uses have been eliminated from this PUD. With respect to the matter of compatibility with thc FLUE, this is an evaluation whose primary focus is similarity of land use and relationship to adjacent land uses. In the case at hand, and based upon the Future Land Use PI;m, we have an expectation that the land will be used and developed for those land uses authorized ;~ithin the existing PUD projects. The proposed PUD Document includes similar commercial uses as approved in the Lely Lakes PUD. The PUD proposes a mixture of convenience commercial uses including food stores, retail stores, hotels/motels, restaurants, dry cleaners and automatic teller machines. It also permits accounting services, physical fitness facilities, dance studios, apparel stores and business services such as photoc6pying services. Other uses not previously approved include gasoline service stations and automotive car washes. Thc PUD Master Platt provides five primary land usc parcels on-site. This includes a 10 acre commercial tract along US-41, 730 acres of golf course/open space areas, a 98 acre RcsorffVillage area that includes a hotel, residential and commercial land uses. Lastly, there arc 634 acres designated as conservation areas. Thc purpose for each parcel is to provide a transition between land uses. The project is designed to function as a pedestrian-scaled village float includes 36 holes of golf a~d a hotel and conference facility. Thc Resort/Village area will act as thc central project core, providing residents and guests with opportunities for convenience shopping, personal services, dining, and active recreation, all within walking distance of tile village residences or guest accommodations. The Commercial Tract along LJS-41 pennits self storage warehousing, furniture stores, personal services, restaurants, retail uses similar to those of thc C-4 zoning district, banks~financial institutions, insurance carriers, automotive rental, repair services, health scr¥iccs a~ld engineering services. In addition, all the commercial, office and services uses permitted in tile Resort/Village District will be permitted. In regards to compatibility with adjacent land uses, staff is of the opinion that the project transitions from the residential areas approved in the Collier DR1. In addition&the this petition also allows PUD commercial area. To the east is a developed single-siaglc community that is zoned RSF-3, RSF-4, RMF-6 and Agriculture. To the south is undeveloped A/ST IOCT i 3 1998 zoned property (Rookery. Bay estuary). The Collier DRI is to the west. The Master Plan indicates that the adjacent property is designated for Recreation/Open Space amt as a residential area. In determining whether or not a particular commercial use (in this ca.se - a gasoline facility) is an appropriate use in this location, staff determined that the recently adopted criteria contained in the LDC to restrict the locations of these facilities is sufficient to ensure compatibility with adjacent land uses. Staff analysis indicates that the proposed location of the gasoline service station within this PUD is consistent with the proposed separation requirements. With respect to thc matter of compatibility, the subject PUD is similar to other approved Planned Unit Developments in this area. In addition, the subject petition is consistent with the FLUE and other applicable elements of the Collier County Growth Management Plan. In regard to the residential property to the east, the PUD Master Plan and Document provides a transition of golf course2open space, and landscaping areas to buffer any adverse impacts from the development. These development restrictions and controlled access to the site are commitment agreed to by the petitioner to protect the integrity of the adjacent residential community. Traffic - The primary vehicular access point is from Tamiami Trail East (US-41) In view of the adeqqate depth and sight distance on this road segment, the access point should operate with an ac~:eptable level of safety and is subject to thc Access Management Plan. The final geometry and design of the access will be reviewed at the time of Preliminary Site Development Plan (SDP) and/or Preliminary Subdivision Plat (PSP) review. Thc GMP consistency review states that approval of this petition is consistent with policies of thc TCE. Utility Infrastructure - Both a public sanitars,, sewer and municipal water supply are available to the property and will be extended as a consequence of future development. All development must comply with surface water management requirements invoked at the time of site development plan approval as thc case will bc for development of this land. Community Infrastn:cturc and Sc~'ic¢~; - Tile subject property is readily accessible to a whole range of community infrastructure which is enhanced bv its l¥ontagc on US-41. Shopping centers, business offices and medical offices of various specialties are all within a short driving distance. Urban development is undcrwav in all directions from this PUD which is an indicator earmarking this site for development. ~LT..t~E~E~__O 5151E N ILA T l O N; That the Collier County Phmning Commission (("CPC) recommend approval of Petition PUD-98-3, the Lely Lakes Golf Resort PUD Document and M'astcr Plan subject to thc conditions of approval that have been mcoq~orated into thc PUD Documcnl. OCT 1 3 1998 PREPARED BY: RAY I~LLOWS, PRINCIPAL PLANNER CURRENT PLANNING SECTION REVIEWED BY: Rj~NALD F. NINO, AICP, MANAGER CURRENT PLANNING SECTION k~I~ER~ AI-~P, DIRECTOR PLANNING SERVICES DEPARTMENT ?'/(._,?8_ DATE DATE ,~'~,/7 DATE VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. StaffReport for October 1, 1998 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: DATE MICHAEL A. DAVIS, CHAIRMAN PUD~98-3/STAFF RE PO RT,q(\"B/rb OCT 1 3 79~ FINDINGS FOR PUD PUD-98-3 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro; (i) Intensifying land development patterns produces economics of scale relative to public utilities, facilities and services, which are currently available in this area. (ii) Thc subject site is eligible for commercial uses within thc Resort/Village area since the FLUE allows PUD's of over 300 acres in size to develop neighborhood commercial areas. (iii) The proposed ingress/egress point aligns with the existing median opening on US-4 I. Con: (i) Existing residents often perceive a mixed use residential/commercial intensification near their neighborhood as contributing hctors to inconveniencing traffic movements to and from their place of residence, increasing noise ami pollution, and reducing property values. Finding: Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in thc PUD document give assurance that all infrastructure will be developed and be consistent w/th County regulations. Any inadequacies which require supplementing thc PUD document will be recommended to the Board of County Commissioners as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by thc Gr,4wth Management Plan. Adequacy of evidence of unified control and suitability of an)' proposed agreeinents, contract, or mher instruments, or for amendments in 'those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro/Con: Evaluation not applicable. Exhibit "A" OCT 1 13 19~ ~ Documents submitted with the application provide evidence of unified control. Thc PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Conformi~ of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Pro,' (i) The development strategy for the subject property is entirely consistent with the goals, objectives and policies of the Growth Management Plan. ~ (i) None. ~ Thc subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. A review of consistency relationships with elements ortho GMP is as follows: Future Land Use Element - The subject site is located within the Urban (Urban - Mixed Use District, Urban Coastal Fringe Sub-district) on the Future Land Use Map of the GMP. This area is limited to a maximum density of 4 dwelling units per acre. Therefore, this project is not eligible for any density bonus provisions of the Density Rating System. The site is also located within the Traffic Congestion Boundary which requires that one dwelling unit per acre be subtracted allowing a maximum density of 3 units per acre. Furthermore, the failure to provide an interconnection of local streets with adjacent properties could potentially result in a reduction of one dwelling unit per acre by the BCC. As a result, the project is eligible for a density of 2 units per acre if the BCC determines that an interconnection to the adjacent properties is feasible. Since, the proposed project density is .5 units per acre, this petition is deemed consistent with the density rating system as setforth in the Future Land Use Element of the Growth Management Plan. Furthermore, staff has interpreted that the "RT" and "PUD" Zoning Districts allow hotel/motel uses outside of Activity Centers, at a density per the FLUE Density Rating System. The proposed .5 hotel/motel units per acre is well below the eligible density as noted above. The 10,000 square feet of independent commercial uses in thc Resort/Village district are consistent with the FLUE which allows PUD'g"of 300 acres or more, or 1,000 dwelling units or more, to develop a neighborhood commercial area subject to the following conditions: The commercial zoning shall bc no closer thaJ~ two (2) miles to the nearest Activity Center and 2 miles from the nearest PUD comnmrcial zoning of I0 acres or greater in size. The configuration of thc commercial parcel shall allow no more frontage than depth and shall be no greater than 15 acres in size. Lastly, there shall be no construction in the commercial designated area until 50 percent of the building permits for the development arc issued unless othenvise authorized by the Board of County Commissioners. Since the proposed 10,000 square foot Resort/Village commercial uses are located in excess of 2 miles from the 10 acre PUD commercial zoning (Sabal ~a.y)~ and from any Activity Center, this request is consistent with this criteria. OCT I 3 1,qEt~ o Thc internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro: The PUD has been designed to provide transitional intensity throughout the site by restricting more intensive retail uses along the US-41 and by providing an open space tract adjacent to the adjacent residential subdivision to the east. In addition, increased landscaping and buffering has been provided to buffer the residential neighborhood and the commercial areas. None. ~ The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of open space separation. External relationships are automatically regulated by the Land Development Code to assure harmonious relationships between projects. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro/Con; Evaluation not applicable. Summary Finding: The amonnt of open space set aside by this project is consistent with the provisions of the Land Development Code. The timing or sequence of development for thc purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro/Con; Evaluation not applicable. Summao'Fin0ing; Timing or sequence of development in light of concurrency requirements automatically triggers thc mechanism for ensuring that further LOS degradation is not allowed or thc LOS dcficienc5, is corrected. The ability of the subject property and of surrounding areas to accominodate expansion. Pro: This petition seeks to arnend the Lely Lakes PUD and the Naples R & D Park PUD ,'md to combine them into a singular develop~nent. The approved uses have been modified in thc proposed petition to eliminate the light industrial None. Summary_ Finding: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating fi.om urban development. This assessment is described at length in the staff report adopted by the CCPC. Relative to this petition, development of the subject property is timely, because supporting infrastructure is available. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Evaluation not applicable. SummaD' Finding: This finding essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD arc similar to those standards. FINDINGS FOR PUD-98-3'RVB/rb OCT 1 3 1998 ~,~. //~ REZONE FINDINGS PETITION PUD-98-3 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives & policies of the Future Land Use Map and the elements of the Growth Management Plan. Pro; i. The subject property is located within the Urban Mixed Use District - Urban Coastal Fringe Sub-district which allows for a maximum density of 4 units per acre. ii. Development Orders deemed consistent with all applicable elements of the FLUE of the GMP should be considered a positive relationship. Con: None SummaD' Findings: The proposed development is in compliance with the Future Land Use Element of the Growth Management Plan. The uses permitted ~vithin this PUD are consistent xvith the currently approved uses. This petition is also consistent with Policy 5.1 of the FLUE to the GMP. The existing land use pattern; ,Er_o. LC_Q~ Evaluation not applicable. (a more detailed study is contained in the staff report.) Summary Findings: Tile property is currentl'5, undeveloped,, partially cleared, and is zoned "PUD". To the north is the undeveloped Collier DILl (Sabal Bay) and US-41. The Master Plan for the Collier DR1 indicates that the adjacent property is designated as a residential area. The approved residential density for this PUD is 2.22 units per acre. In addition, tile commercial area comprises approximately 163 acres. To the east is a developed single-single family commtmity that is zoned RSF-3, RSF-4, RMF-6 and Agriculture. To the south is undeveloped MST zoned property. The Collier DRI is to the west. The Master Plan indicates that the adjacent property is designated for Recreation/Open Space and as a residential area. ,,~t-~4'g~, EXHIBIT"B" 1 / OCT 1 3,9 1 /'.7 The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The proposed rezone is similar to the approved Collier DRI property to the north. Con.' Evaluation not applicable. Summary_ Findings: The parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land uses by virtue of its currently approved zoning which is consistent with the FLUE. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The district boundaries are logically drawn and they are consistent with the FLUE of the GMP. Con; None. Summary Findings~ Land to the northwest is zoned PUD and contains similar commercial and residential uses. In addition, the boundaries are logically drawn by virtue of the site's location within two existing zoned PUD projects. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element of the Growth Management Plan) is a positive one. Con: None. Summary_ Findings; Consistent with the Groxq~h Management.Plan. Whether the proposed change will adversely influence living conditions in the neighborhood; 6) The existing approved PUD projects on the subject site contains similar permitted uses while the adjacent property to the northwest is also approved for similar uses. ^o~?~,~ OCT 1 3 1998 (ii) Recommended mitigation actions (i.e. landscaping and architectural wall) made a condition of approval will go a long way towards off-setting any potential adverse influences on the residential subdivision to the northwest. Con; (i) The revised commercial locations within the subject site could cause increased noise and traffic impacts on the nearby residences. However, due to the proposed landscape and buffer areas, thc proposed PUD should not adversely impact thc adjacent properties. Summary_ Findings: The proposed PUD will not adversely influence living conditions in the neighborhood because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Recommended mitigation actions should serve to ameliorate impact on the adjacent residential area. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Er_m (i) An action to rezone the property as requested is consistent with the traffic circulation element. (ii) The property fronts directly on a public road. (US-41) thereby providing an access to the arterial road network over which traffic from this mixed use development will draw and defuse traffic. Con: As urban intensification increases, thcre is some loss of comfort and ease of travel to the motoring public. However, by law this degree of discomfort is regulated by concurrency requirements. (ii) In the short run construction traffic is necessary for development may be irritating to local residents. ~..umm~r3' Fitlding~ Evaluation of this project took into account the requirement tbr consistency with Policy 5.1 of thc Traffic Element of the GMP and was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion. Additionally certain traffic management system improvements are required ,as a condition of approval (i.e. turn lanes, traffic signals, dedications, etc.). In the final analysis all rca:one actions arc subject to thc Concurrency Management System. OCT 1 3 1998 10. Whether the proposed change will create a drainage problem; Pro: (i) Thc Land Development Code specifically addresses prerequisite development standards that are designed to reduce thc risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. Urban intensification in thc absence of commensurate improvement to intra-county drainage appurtenances would increase the risk of flooding in areas when the drainage outfall condition is inadequate. Summary Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized ,'md required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project wag reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: Thc proposed mixed use development conforms to thc approved zoning on the adjacent properties. In addition, the maximum height provided for in the PUD is less than the maximum height standard of the LDC. Thc overall development standards are compatible with the standards listed for tile similar commercial districts in the LDC which ,are designed to protect the circulation of light and air to adjacent areas. Con: None. Su~nmar3' Findin.es: All projects in Collier County arc subject to tile development standards that arc unique to thc zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. Whether the proposed change will adverseh' affect property values in the adjacent area; Pro: Typically urban intensification increases the value of contiguous underutilized land, a condition which exists on the northwest side. Coil: None. SummaD' Findings: This is a subjective determination based upon anticipated results which may be internal or external ~c, the subject properly that can affect ~ropeny-~'a[g~er%, ,, Property ~'aluation is affected by a host of' factors including zoning, hm~everlzoniflg ~ itself ma3 or may not affect values, since value dcternfination by law is drive~qby market 4 ] OCT 13 1998 / value. The mere fact that a property is given a new zoning designation may or may not affect value. 11. 12. 13. 14. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pr~Con: Evaluation not applicable. Summary_ Findings: The basic premise underlying all of thc development standards in tho zoning division of the LDC is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement of adjacent property. Also, thc PUD Document has transition~ the intensity of commercial uses to specific parcels identified on the PUD Master Plan. This arrangement coupled with thc requirement to provide open space should provide reasonable assurance that a change in zoning will not result in a deterrence to improvement or dcvclopmcnt of adjacent residential property. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Evaluation not applicable. ~ The proposed PUD complies with the Growth Management Plan. a public policy statement supp-rting Zoning actions when they are consistent with said plan. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfa, m relationship because actions consistent with plans arc in the public interest. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Evaluation not applicable. Summacy Findings: The subject property cfi.n bc developed in accordance with thc existing zoning, however to do so would dcny this pctitioncr of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the FLUE as contained in thc Growth Management Plan. Whether the change suggested is out of scale with the needs of the neighborhood or the Count),; Pro: The project is designed in a manner that is compatible with surrounding and approved PUD property in size and scale. ~;""55~"f~ [ OCT 131998 1 Con'. Existing neighbors within the adjacent subdivision'to the east may feel that the proposed change is out ofscale with the neighborhood. ~ The subject PUD complies with the Growth Management Plan while the intensity of land uses is dccmcd acccptable for this site. 15. Whether Is it Impossible to find other adequate sites in the County for the proposed use In districts already permitting such use. Evaluation not applicable. &gm~ There are many sites which are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness ora rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. 16. 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 rnnge of potential uses under the proposed zoning classification. ,P. Xl0.; Thc subject propcr~y has been historically cleared. Presently exotic vegetation has invaded the site, however the environmental impacts arc minimal. Con.' Development of the site may create anccd for additional fill and site alteration for infrastructure improvements. 17. Summar?,_. Findings; Thc extent of site alteration will be determined as a function of obtaining a Site Development Plan approval to execute the PUD's development strategy. The impact of development on the availability of adequate public facilities and ser-,'ices consistent with the levels of service adopted in the Collier Count3' Growth Mafiagement Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Evaluation not applicable, ~ullatal:~a_~ A multi-disciplined team responsible for jurisdictional clements of the GMP have reviewed this petition and have found it consistent with the GMP, The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public servic~ and levels of service determined that required infrastructure meets with GMP established relationships. REZONE FINDINGS R-gg-.l~RVl'~rb OCT i 3 1998 PETITION NUMBER ' " ' DATE APPLICATION FOR PUBLIC HEARING FOR PUl) AMENDMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DIVISION PLANNING SERVICES 1 ' ECE VSD APR 13 1998 1. Name of Applicant(s) Lely DeveloDment Co _rporatigl~ Applicant's Mailing Address 8825 Tamiami Trail East. Suite 22 City Naoles _State F1 Zip 34113 Applicant's Telephone Number: (941) 774-5333 Is the applicant the owner of thc subject property? X Yes ~ No (a) If applicant is a land trust, so indicate and name beneficiaries below. (c) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. If applicant is a pannership, limited partnership or other business entity, so indicate and name principals below. (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. (c) If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. ~(0 If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. Name of Agent Br'oce A. Rankin, RLA Firm Wilson. Miller. Barton & Peck, Inc, Agent's Mailing Address 3200 Bailey Lane. Suite 200 City.. Naples State Fl,.. Agent's Telephone Number: (941) 649--4040 -I- Zip 34105-$507 O~.T.1 3 1...2.~_.9~I 3. Ord, 88-84 ('Nanles R&D Park) and Ord.93-32 and 93 PUD Ordimncc and Number: 8OS_ely Lakes) Detailed legal de.scription of thc property covered by the application (if space is inadequate, attach on .~parate page; if request involves change to more than one zoning district, include separate legal description for property involved in each district; if property is odd-shaped, submit five ($) copies of survey; 1" to 400' .w. ale). The applicant is responsible for supplying the correct legal description. If questions arise co~rning the legal description, an engineer's certification shall be required. Section Township .... Range ,, See description in PUD document. Address or location of subject property: _ Existin~ Naoles R&D Park PUD and LgIy Lakes PUD, located on U,S, 41 East, aDDrO,ximatel¥ I mile cast of the g,S, 41 and Rattlesnake Hammock ]Road intersection. Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page.) See attached PUD d0umen, t for description. 7. Type of Amendment: X A. X B. PUD Document Language Amendment PUD Master Plan Amendment 9. C. Development Order Language Amendment Does amendment comply with the comprehensive plan: _ X If no, explain: Yes No Ihs a public hearing been held on this property within the last year? name? ~No. If so, Lrf'~ -2- OCT i 3 1990 10. Has any portion of the PUD been sold and/or developed? Are any changes proposed for the area sold and/or developed? If yes, describe. (Attach additional sheets if necessary.) No. the _orooerdes remain under Lely Develo0ment Corooration ownershi_o and control, Neither parcel has commenced AFFIDAVIT I, Joseph Rvan, Vice President. Lely Develooment Cow.. being first duly sworn, depose and say that I am the authorized represen~.ative of the owner of the property described herein and which is the subject matter of the proposed hearing: that all the answen to the questions in this application, and all sketches, data, and or.bet supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand this application must be complet~ and accurate before a hearing can be advertised. I further permit the undersigned to act as my representative in any matters regarding this Petition. Authorized Representative Joseph Ryan, Vice-President, Lely Development Corp. Signature of Agent Bruce A. Rankin, RLA Vice-President, Project Manager Wilson, Miller, Barton & Peek STATE OF FLORIDA COUNTY OF COLLIER The ~foregoing Ap.l~licadon was a,cknowledged before me ~~ay of ~.~ I (._ , 19~, b>, _~_~ U¢~ ~c~ ~,t~ / t'~, . who itinerantly ~no~r ,~'ho has produc~ as identification and who did (did not) ~ke an oath. (Signa[ure of Notary Public) -3- OCT 1 3 1998 Naples Park LeRaL Description F~CIII B IT B SOUth. Range 26 East, Coiizer County, rlo:~da ~e~ng more particularly described as follows: Commenc~n~ at the northeaateri~ corner o{ Block "O" o{ Cove Acres UnLt No. L accord~no to the plat thereof as recorded in Pint BOO~ 3r p&ae 38 Pu~iXc ~ecorOs of Co~iier Countyr ?hence alona the southve~terl¥ right-o{-~ay line DE U.S. 41, (?am~&n~ ?ra~) North 3g:--04'-O0" ~est 247.LS {eet to the eaaterLymost corner o~ that ~and as descrzOed in O.R. Book P&oes ~O through ~2 I~nc~us~ve)~ Public Records DE Count¥~ florida; thence along the boundary DE said land in the {olloving tvo described co~ses~ I~) South 50~-$6'-00" ~est 300.00 ~eet~ ~2) North Bg°'"~5'-00" Hast 96~.9~ ~eet tO ~he ~es~ line o~ s&~d [and and t~e POIN~ or BEGINNING of ~he parcel here~n described~ thence continu~ North 89°-~3S'-00" ~est ~S40.16 ~eet; thence North O~--2S'-O0"'£ast ~OO0'OO teat: thence South 8~5'-00" East 432.L8 ~::t: thence North 0:-25'-00" East ~00.00 fa ; thence South e~°---'~5'-O0'' East S~2.gB {eat: thence North 0:-25'-00" East ~9.]B teat: thence northerly and noctneasterZ¥ 4~3'~89 Eeet aloha the arc ot a c~rcu~ar curve concave ~o ~e soutneas~ throuan a centra~ anode of 50~-3~'-00'', havana a radius and ~e~no suotended ov a chord vnzcn heats Noct~ 25~~40'-]0': East ¢5~.69 teat; t--~ence North 50:-56'-00" East 274.93 Eeet to the Southwesterly r~gAt-o~-wa¥ ~ne ot U.S. 4L (Tam,am: Trazi)? thence aloha sa~d t~ant-ot-wa¥ L~ne, South 39~04'-00" East Z29G.05 ~eet: thence Leav~na said rioht-o~-wav line, South 58L.3C Leer to the nor:marLy ~ne ot that Land as descrzbed £n sa~ O.R.' 6~9. paoes thence a~ono sa~O nortnecL¥ 'Line, North 89°--3S'-00' west 348.5~ ~ee~ to the northves~ corner o~ sa~d :hence aLono the wes~ L£ne ot sa~d Land, South 2°---48'-~3~ wes: 208.99 ~eet to ~he southvest corner o~ sa~d Land and the' Po:n: o~ Beo~nn~nc ot t~e oacce~ here~n ~escr~Ded; subtec: :o easements and restr~ct:ons o~ record: conta:n:n= 56.6 acres more or ~ess. ALONG WIT~ Description of part o! Section 30, Townshio SO South, Range 26 East. CoOL,er County, rLorzda 8+ ^c~e OutparceL All ~hat par: o~ Section 30, Townsh~D 50 South, Range 26 East, call:er County, florida ~e~na more particularly described as tollows: Conmenc~no a~ the east 1/4 corner oE said Section 30~ ~hence alone the sout~ l~ne o~ the north 1/2 o~ sa~d Section 30, North 89~'~S~-00''Hest 1510.1~ {eet to the POIN? or BEGINNING o[ the pactel here~n descr:Oeo: thence continue aloha said line, North 89~-35'-00' West 435.60 ~eet~ thence ~eav~no ~aid line, North 0°--25'-00" East 600.00 {eet~ thence South ~9~---35°-00'' East 435.60 feet thence South 0~-2S'-OO'' West 800.00''feet to the Point Be~nn:ng of the p~cceL here:n descrzbe~: sub~ect to easements and rest:~ct~ons of record: con:aznzno 8.00 acres more o~ Less. OCT 1 3 lgg8 __ EXHIBIT B L~L¥ LAKES LEGAL DESCRIPTION ~d Sec,ion 5, Township ? ~..aoum, ~ange zo ~a.~t, mi in ,,.;oilier County, Florida, mote pu%iculazly d~cr~b~ ~ tonows: . ~oo zz ~z = ~on~ ~c Ho~ line o~ ~a ~ecdon 30 ~or 24~5,42 f~t Io ~e North Qu~tt Comer o~ ~d S~tion 30; ~ence condnue ~ont the No~ line of S~don 30 N88*II'49'E for 1~2.88 f~t to ~e tnters~don wt~ ~e Sou~west~ly d~ht~f-~y nin~-o~-w~y nne ~or ~,~4 1014~3 feeq thence I~vin s~ld ~$ht-of-~y linc ~7~or-~g,$~-t~n~-~.~D~&3:~%~fo~.~,~ SS0'S4'SI"W for 275.2g f~t ~o ooint of cu~ztur~ of m cu~e con,ye to the Soulh~st: 1henc~ ~n 473.90 ~0'31'02'. a chord of 458.69 fc~t and a chord b~n~ of S25'39'20'W to lan~encv: thence ~n S00'23'49'W for 79.78 fret: thence tun N89'36'1 l'W ~92.98 feet: ~hence ~n S00'23'49"W for 100.00 foci: thence ~n. N89'36'II'W ~32.18 feat: thence ~n S00"23'49"W for 200.00 feel: thence ~n N89'36'I I"W 43f60 feet: ~hence ~n S00'23'49'W for 800.00 feet: ~h~ncc ~n S89'36'11 1945.76 feet to the intersection with the ~st line o~ Section 30 ~nd the Com~ of s~d Section 30; ~ence mn S8~*13'06"W for 611.38 f~t m ~e Nonhw~t omer of ~e No~t queer of the Nonh~t queer of the Sought queer cction 30; thence S02'30'01'W for ~52.48 feet to the Southwest corner of the ~ce mn ~o ~o a~ ~ ~on~ me ~ou~ l~e of ~e Nor~t queer of ~e No~t ~c~uon ~u; thence run S02 43 S4'W along s~id East line for 1949.26 to the ~mmon comer of S~dons 30, 31 ~d 32; ~ence mn S02'44'44'W along ~e ~t line of $ec~on 31 for 2~07.63 feet to the ~st Quarter Comer; thence continue ~lon$ said East llne S02'48' 12*W for 206.43 feet; thence leavin~ said Section line run NS9'S5'24"~ ~ for 2041. I~ feet to the most Westerly corner of Tail Acres, Unit No. 2, recorded in Pht Book 4, pa~e 62 of the Public Records of Collier County, FloHda; thence ~n S39'03'08'E along said Plat Boundary for 1308.84 feet to the intersection with the South~stcrly right-of-way line of Southwest Boulevard. henc m~.N~0~SC?'E ~ong ~e Sou~tcrly ~ght-of-~y for 762.43 f~t: ~ce'l~vine ~Lg~t-ot-~y run S39'03'08]E for 430.00 feet; thence run NS0*S6'52'E fo~ x~.uu teet to me intersection with the Southwesterly Bound~ line of ~il Acres, Unit ~o. 3, record~ in Plat B~k 3, page g4 o~ ~e Public Reco~s of Col][~ County, ~odd~; ~ce mn ~39'03'08' · , , = ~ ~on~ s~d Plat bound~ for 96236 feet; ~ence ~n S87 29 48 E for 100S,&0 feet to the imersecdon with the East line of Section ~2; thence run S02'34'17'W along the Section line for 1912.10 feet to the Southeast corner of Section 32, also bein$ the Northe~ corner of Section 5, Township 51 Sou~, R~e 2& ~t; thence mn Ngg*41'S6*W alon$ the No~h line of S~tlon Sfor 1312.93 f~t to the Northwest comer of the Nonh~t quarter of Ihe No~[ quarter of s~d Section; .% -l- Words s~,,uek-~, rouL~h we deleted; words u_ndcrline_d are added AG E Np~II T~4 0 OCT i 3 1998 EXHIBIT B thence ru.n_S01*l l'.07.'W along the West line of the Nonh~sl qua~cr of the No quarter at ~ection ~ tot 137 nh~.a.~t .... ~_3.08 feet to the Southwest comer of the Northeast uzncr ot the z~ormeast quartet of Section 5; thence run S89*44'41'1=. {.]on the South~inc of the Northeast quarter'of the Northeast quartet of said Section for 1% 12.22 feet to the int~section with the East line of Section 5; thence run S01" 12'56'W along said E.~st Section line for 2058.06 feet to the Southeast comer of the North half of the Nonhea.mt ~uzner of the Southea.mt quartet of Section 5; thence run NSg'3?'51"W along the South l,ne of the North half of the Nonhe~t quznet of the Southeast quzner of said Section for 1311.12 feet to thc Southwest comer of the North ha.if of the Nonhezn quarter of the Southeast quzrter;, thence run S01'II'13",V for 682.35 feet to the Southezst comer of the Northwest quarter of the Southeast quarter of Section 5; thence run N89°28' 14'W along the South line of the Northwest qu~'ier of the Southeast quartet of said Section foe 1310.74 feet to the intersection with the North-South uanet I n Section 5; thence ru .... q i e of ........ n N0! 09 30 E along the mid North-South uzner line for 4107.79 teet to tnt 5outl~ qu~rter cornet of Section 32; thence run N~9'40'Sg'W along the South line of said Section for 2626.22 feet to the Southe.~t comer of Section 3 !: thence .~_n_~8¥43'00'W along the South line of said Section for 3793.20 feet; thence run 00 19 54'E for 440.00 feet; thence run NSg'43'00'W for 342,72 feet to the mtersection with the original meander line, re-surveyed by the Bureau of Land Mznagcment (BLiVi) in 1967, described in OR Book 1143, pages 1325 through 1327 inclusive of the Public Records of Collier County, Florida; thence run a ' mc-under LLne for the next seven C/) courses: long said l. N18'04'54"E 565.40 feet 2. N14'II'Sa'E 429.66 feet 3. N'22'28'54'E 599.28 feet 4. NOO'O4'Sa'E 428.34 feet 5. N2. I' 13'06'W 598.62 feet 6. N39'31'06'V/ ,:56.62 feet 7. N81'46'06'W 382.14 feet . .to the intersection with' the V/cst line of Section 31; thence run N00'lg'54'E 1516.78 'feet to the Southwest comer of Section 30; thence run N00*ig'46'E alon the West line of said Section for 2684.81 feet to the West Quoter comer of Section ~0; thence continue along West line N00*21'IS'E for 2687.34 feet to the Point of Beginning, subject to easemenu, resections m:d reservations of record, containing 1500.26 acres more or ]ess; Less and except the following described COMMENCE at the Northwest corner of Sclc. don, 30, Township 50 South, Ran e 26 East, Collier County, Florida; and run SO0 21 18'W along the West line o~said Section 30 for 268'7.34 feet to the West Quarter corner of said Section; thence run N87'I3'0?'E along the E;,.st- West Quarter line for 1958.63 feet to the intersection of the West line of the 110 foot EIectric~ Tnmsmission Linc easement recorded in O.R. Book 192, page 513 of the Public Records of Collier Count , Florida OF BEOIN'N~N'G. thence -,,~ on, ............. Y. ' and the POINT for 66'7 9i f~), ,~: ...... ..,~j~$~.,.,%,~.~.~..w ~ong west line of said T,"a. nsmissio ' .................. -- ,- ,or a0.,2 feet: thence run · ,., -.~,oj ia u,/ r.. along the =.an-West auatterli,,,- t,,, '~,o ~n .... ~_ .. 0..; t.hence. =eg,nnmg, suoject to easements, restrictions and reservations of , . 5.34 acres more or less Record containing Wards s)~c~--~rough ~e deleted; words ~ are added OCT 1 3 1998 ! 2 4 $ 6 '7 9 10 12 13 ~6 "'1'~ 2~ 22 24 26 2'7 28 29 3O 31 ORDINANCE 98- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 0629N, 0630, 0631, 0632N, 0632S AND 160506 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS LELY LAKES GOLF RESORT, FOR PROPERTY LOCATED SOUTH OF EAST TA/~IMI TRAIL {U.S. 41), APPROXIMATELY ONE MILE SOUTHEAST OF THE INTERSECTION OF EAST T~4IAMI T~AiL AND PATTLESNAKE HAMMOCK ROAD ~CR-864), I~: SECTIONS 29, 30, 31 & 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST AND SECTION 5, TOWNSHIP $1 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF APPROXIMATELY 1,559 ACRES; PROVIDING FOR THE REPEAL OF ORDINF/~CK NUMBER 93-92, AS AMENDED, THE FORMER LELY LAKES PUD AND ORDINANCE NUMBER 88-84, THE FORMER NAPLES R & D PARK AT LELY PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Bruce A. Rankin, R.L.A., of Wilson, Miller, Barton & Peek, 32 Inn., representing Lely Development Corporation, petitioned the Board of 34 County ComMissioners %c change the zoning classification of the herein 3S described real property; 36 NOW THEREFC. RE ~E iT ORDAINED ~Y THE BOARD OF COUNTY C. ..... SS~N.RS or The Zoning Classlficat:on of the herein described real property ~ located in Sections 29, 30, 31 & 32, Township 50 South, Range 26 East and 4! Section 5, Township 51 South, Range 26 East, Collier County, Florida, is 42 changed from "PUD" to "PUD" Planned Unit Development in accordance with 4] the PU~ Docu~nent, attached he~eto as Exhibit "A", which is incorporated h,~rein and by reference made part hereof. The Official Zoning Atlas Maps numbered 0629N, 0630, 0631, 0632N, 0632S and 160506, as described in Ordinance Number 91-102, the Collier County Land Development Code, are 47 h.:reby amended accordingly. -1- OCT 1 3 1998 SECTIOn! TWO: Ordinance Number 93-92, as amended, known as the Lely Lakes PUD, adopted on June 8, 1993, by the Board of Coun%y Commissioners of Collier 4 $ 6 ? 10 12 I1 ATTEST: 14 DWIGHT E. BROCK, Clerk 16 I? 18 19 21 Approved as to Form and 22 Legal Sufficiency 2~ A:isistant County Attorney 28 29 30 County and Ordinance Number 88-84, as amended, known as the Naples R & D Park at Lely PUD, adopted on November 8, 1988 by the Board of County '' Commissioners of Collier County, are hereby repealed in %heir entirety. .. SECTION THREE: ." ':' This Ordinance shall become effective upon illin9' ~i~h the Department of State. 'LmF'''I : ':~'' PASSED AND DULY ADOPTED by the Board of County Commissioner's of C~lller County, Florida, this day of , 1998. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BARBARA B. BERRY, Chairman -2- OCT 1 3 1998 LELY LAKF_~ GOLF RESORT A PLANNED UNIT DEVELOPMENT 1,559a: Acres Located in Sections 29, 30, 31 and 32 Township 50 South, Range 26 East and Section 5, Township 51 South, Range 26 Eash Collier County, Florida PREPARED FOR: LELY DEVELOPMENT CORPORATION 8825 Tamiami Trail East, Suite 25 Naples, FL 34113 PREPARED BY: WILSON, MILLER, BARTON & PEEK, INC. 3200 Bailey Lane, Suite 200 Naples, Florida 33942 tt'l ~l~-),r~ I0 'V~ 04 t*WAR.NOLD DATE FILED DATE APPROVED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER OCT 1 3 1998 TABLE OF CONTENTS STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I SECTION II SECTION IH SECTION IV SECTION V SECTION VI SECTION VII LEGAL DESCRIPTION, PROPERTY OWNE~HIP, & GENERAL DESCRIPTION PROJECT DEVELOPMENT RESIDENTIAL RESORT/VILLAGE COMMERCIAL GOLF COURSe:OPEN SPACE CONSERVATION 1-1 2-I 3-I 4-1 5-I 6-1 7-1 EXHIBIT A EXHIBIT B EXHIBIT C LELY LAKES GOLF RESORT MASTER PLAN (WMB&P File No. E0599.01) LELY LAKES GOLF RESORT SURFACE WATER MANAGEMENT PLAN (WMB&P File No. E0599-1 I) LEGAL DESCRIPTION OCT 1 3 1998 STATEMENT OF COMPLIANCE The purpose of this section is to express thc intent of the Lely Development Corporation, hereinafter referred to as Lely or the Developer, to create a Planned Unit Development (PUD) on 1,559i acr~ ofland located in Sections 29, 30, 31 and 32, Township 50 South, Range 26 East, and Section 5, Township 51 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be Lely Lakes Golf Resort. The development of Lely Lakes Golf' Resort will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consist, hr with the growth policies And land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other q~plic~le regulations for the following reasons: 1. Thc subject property is within the Urban Mixed Use Residentiai DistricV'Urban Coasufl Fringe Subdistrict as identified on the Future Land Use Map as required in Objective I, of the Future Land Use Element (FLUE). The pml:~ose of the Urban Mixed Use Residentiai District/Urban Coastal Fringe Subdistrict is to provide for tnmsitional densities between the Conservation Designated Area and the Urban Designated Area. In order to facilitaxe hurricane evacuation and to protect the adjacent environmentally sensitive Conservation De:signated Area, residential densities eu-'e limited to a maximum of four (4) dwelling units The proposed residential density of Lely Lakes Golf Resort is one-half (1/2) dwelling unit per acre and is less than the maximum density permitted by the FLUE Density Rating System and is therefore consistent with FLUE Policy 5.1. The entire subject property qualifies for a base density of three (3) units per acre (base density of four (4) units per acre, less one (l) unit per acre due to location in traffic congestion area), The 150 room hotel and accessory retail, service and meeting room uses proposed to be located within the Resort/Village are consistent with thc density rating system of thc Future Land Use Element of the Growth Management Plan. Staff has previously interpreted that uses consistent with the RT zoning disuict are permissible throughout the Urban Area, subject to the density rating system. The proposed hotel density of .5 dwelling units per acre is consistent with the three (3) dwelling units per acre permitted by the Future Land Use Element. Thc 10,000 square feet of retail commercial uses located in the Resort/Village, independent of' the hotel tk~s, are consistent with the Future Land Use Element, PUD Neighborhood Commercial Sutxtistrict. The Future Land Use Element permits PUD's of 300 acres or more, or 1,000 dwelling units or more, to develop a neighborhood commercial center subject to thc lbllowing standards: Commercial zoning shall be no closer than two mil.e.s to the nearest Actixi3y....,..,~,~.- Center and no closer than two miles from the nearest PUD commeP~iatff-..ffzff~ z()ning often acres or greater in size, OCT I 3 1998 III The configuration of thc commercial parcel shall allow no more frontage than depth. The commercial parcel shall be no greater than I$ acres in size; and No construction in the commercial designated area shall be allowed until 50% of the building pa'mi~ for the development ar~ is.sued unless o~ authorized by the Board of County Commissioner~. The 10,000 square feet of R~sorl/Villag¢ commen:ial uses an: located in excess of two miles from tl~ commerdally d~gnated portions of the Collier DRI (S~bal Bay) and from Activity Cen~ Number I?. The Board of County Commissioners has authorized constn~on of the commercial uses without restriction to thc number of building permits issued for the project. The 10 acres designated as Commercial on the Lely Lakes Golf Resort PUD Master Plan is consistent with the EAR-based Future Land Use Element of the Growth Management Plan, Ordinance 97457. Under Policy 5.1 and 5.12 of the FLUE, zoning which is currently in compliance with the Industrial Under Criteria provision, may Ix: amended so long as the intensity ofuse is not increased. Ordinance 88-84 authorized the Naples R&D Park at Lely PUD which consisted of 64.8 acres of light industrial and commercial uses. The proposed 10 acres of commercial uses represents a subsumtial decrea.~ in intensity as it generates fewer traffic trips than the uses authorized under Ordinance 88-84 and is a more compatible land use to adjacent land uses. Development of the commercial uses authorized in Section V of this PUD shall not be permitted until such time as the Future Land Use Element of the Growth Management Plan providing for reductions in intensity to properties formerly deemed consistent with the Industrial Under Criteria is determined to be legally effective as provided by Subsection 163.3189(2)6, Florida Statutes. Lely Lakes Golf Resort PUD is compatible with and complemen~xy to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. Improvement,; are planned to be in compliance with applicable land development regulations as se~ forth in Objective 3 of the FLUB' Tlg development of Lely Lakes Golf Resort PUD will result in an efficient and economical extension ofcommtmity facilities and services as required in Policy 3.1. of the FLUE. Lely Lakes Golf Resort PUD is a large scale mixed use community, and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code (LDC) Planned Unit Development District. Lely Lakes Golf Resort PUD is planned to incorporate natural systems Ifor 10. management in accordance with their natural functions and capabilities as may bte required by Objective 1.5 ofthe Drainage Sub-Element ofthe Public Facilities Element. OcT i · .,,,~-,~ ,_ ,,., ~,. iv 10. 11. Lely Lakca Golf Reaort PUD is planned to incorporate natural syatcm$ for watcr mamg~cnt in accordance with their natural functions and capabiliti~ as may be rcquired by Objcctiv~ 1.5 of rtz Draimge Sub-Elememt of the Public Fa¢iliti~ Element. Lely Lak~ Golf Rasort PUD ia consistent with Policy $.$ of the FLUE in that it r~prc,waats the use and development of t~vo previously zoned projects within the Urban E)~~ lam&. SHORT 'ITrLE This ordinance shall be known amd cited as the "LELY LAKES GOLF RESORT PLANNED UNIT DEVELOPMEKI' ORDINANCE-. OCT I 3 1998 I-I SECTION 1 LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of tl~s section h to set forth the legal d~cription and ownem~p of Lei)' Lakez C~lf Rczort PUD, and lo de~c, ribe the exi~tiz~ condition of the property proposed to be developed. 1.l LEGAL DESCRIPTION See a~ached Exhibit "C". 1.3 PROPERTY OWNERSHIP The subject property is currently under the equitable ownership or control of Lely Development Corporation, or their assigns, whose address is 8825 Tamiami Trail Sast, Suite 25, Naples, FL 34113. Detailed ownership information is provided within the PUD Rezone Application for Public Hearing packet. 1.4 GENERAL DESCRIPTION OF PROPERTY The project site is locat~ in Sections 29, 30, 31 and 32, Township 50 South, Range 26 East, and Section 5, Township 51 South, Range 26 East. The site is generally bordered on the west by PUD zoned (Collier DR/), undeveloped property; on the north by U.S. 41; on the east by Micelli PUD, platted and developed home.sites, Zoned RSF-4, RMF-6, and RSF-3, and Agriculturally zoned and unplatted property; and on the south, undeveloped and environmentally sensitive lands, Zoned A/ST. The location of the site is shown on the Vicinity Map (see map on following page). The zoning classifications of the subject property at the time of PUD application are Lely Lakes PUD and Naples R&D Park at,Lely PUD. Elevations within the site range from +1.0' NGVD to +18' NGVD. Per F'EMA Firm Map Panels No. 120067 605 E and 615 E, dated August 3, 1992, the Lely Lakes Golf Resort property is located within Zones "/LIS" (ELS) of the FEMA flood insurance rate map. Topographic mapping is shown on Map C of the Lely Lakes Golf Resort Application for Development Approval. ~fl&q's-3f3 I0 Var Portions of the site have been altered through past and current agricultural uses; .----- however, a large portion of the site is environmentally sensitive. An update&~ has been submitted, pursuant to Division 3.8 of thc LDC. OCT 1 3 1998 I-2 1.5 1.6 The s~il ~ on thc site generally include Basinger fine send; Boca fine send, Boce, Riviera, limestone subs~tum end Copeland fine send, depressionS; Immokelce fmc send; Jupiter Boca complcx~ Ochopee fine sendy loem~ Oldsmer fine send; Oldsmer fine send, limestone substratum; Paola £mc se~nd; ?cnnsucc~ soil; Chobee. Winder, end C, etor soils, depression,el; DuYoin end Wulfcrt Mucks~ Ft. Dram end Meleber hil~ fine send; Hilolo lime~'tone subs~et~n. Supiter end Margate soils; Holopaw fine sand, limestone sulzcu'atum; Pomello fmc ,~md; Salellite fine ~and; end Winder, Riviera, lh'nestone ~bstratum and Chobee soils, depressional. This information was derived from the Soil Survey of Collier County, Florida. Lely Lakes Golf Resort contains a vnriety of vegetative communities, including cropland and pastures, woodland pastures, pine flatwoods, palmetto prairies. man.ye swamps saltwater mnrsh and mangroves. A detailed vegetative inventory and map is included in the Application for PUD Rez~ning packet. The project site is located within the Naples Manor Drainage Basin, of the Collier County Water Management District Number 6, as depicted within the Collier County Drainage Atlas ('May, 1990). PERMITTED VARIATIONS OF DWELLING UNITS A maximum of 749 dwelling units are permitted with. in the Lely Lakes Golf Resort PUD. This maximum of 749 dwelling~ may include a maximum of 150 hotcl/motel units within the area described as RcsoWVillage on the PUD Master Plan. The balance ofthe potential 599 dwelling units may be apportioned and developed as specified in Sections lIl and IV of this PUD and on the PUD Master Plan. DENSITY Acreage of Lely Lakes Golf Resort is approximately i,559 acres and the number of dwelling units authorized to be built pursuant to this PUD is a maximum of 749, including a maximum of 150 hotel/motai units. The hotel/motel units shall be permitted only within the area designated as Resort/Village on the PUD Master Plan. The gross project density, therefore, will be a maximum of .50 units per acre. At all times all property included within Lely Lakes Golf Resort as described in Section 1.2 shall be included in determining project density, with the exception of the l 0 acres designated Commercial on the PUD Master Plan. OCT 1 3 1998 2-1 2.1 SECTION 11 PROJECT DEVELOPMENT PURPOSE The purpose ofthis Section is to generally describe the plan ofdevelopment for Lely Lakes C~If Resort, and to identify relationships to applicable County ordinances, policies, and procedures. GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES Bo Lely Lakes Golf Resort will be developed as a destination golf resort, featuring a hotel and con. ference facility, 36 hole golf course, and a m of semi-private single-family and multi-family residences, which will be designed to function as a pedestrian-sealed village. The area identified as ResorVVillage will act as the central project core, providing residents and guests with opportunities for convenience shopping, personal services, dining, and active recreation, all within easy walking distance of their residence or guest accommodations. The Master Plan is illustrated graphically on Exhibit "A" (WMB&P, Inc. File No. E--0599-01). A Land Use Summary indicating approximate land use acreages is shown on the plan. The location, size, and configuration of individual tracts shall be determined at the timer' of Final Site Development Plan and/or Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat approval, in accordance with Section 3.2.7 and 3.3 of the LDC. COMPLIANCE WITIt COUNTY ORDINANCES ~lA'~4.)~.lO Vet M',WA~NO~D Regulations for development &Lely Lakes Golf Resort shall be in accordance with the contents of this PUD Ordinance and applicable sections of the LDC (to the extent they are not inconsistent with this PUD Ordinance) which are in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvcn~nts, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where this PUD Ordinance, or subsequently adopted Community Design Guidelines and Standards. does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. Unless otherwise defined herein, or as necessarily implied by context the definitions of all terms shall be the same as the definitions set forth in effect at the time of development order application. . 2-2 C? Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance, Division 3.1:5 of the LDC. Unless modified, waived or excepted by this PUD or by subsequent request, thc provisions of othcr sections of thc Land Devclopmcnt Code remain in effect with respect to thc development of thc land which comprises this PUD. All conditions imposed herein or as represented on the I~ly Lakes Golf Resort Master Plan am part of the regulations which govern the manner in which the land may be developed. 2.4 The Subdivisions Division of the LDC (Article 3, Division 3.2) shall apply to Lely Lakes Golf' Resort, except where an exemption is set forth herein or otherwise granted pursuant to Land Development Code Section 3.2.4. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall apply to Lely Lakes Golf Resort, except where an exemption is set forth herein or otherwise granted pursuant to Land Development Code Section 3.3.4. COMMUNITY DEVELOPMENT DISTRICT The developer may elect to establish the Lely Lakes Golf' Resort Community Development District (CDD) to provide and maintain infrastructure and community facilities needed to serve the Project. The CDD '.,,'ill constitute a timely, efficient, effective, responsive and economic ',,,,ay to ensure the provision of facilities and infrastructure for the proposed development. Such infrastructure as may be constructed, managed and financed by the CDD shall be subject to, and shall not be inconsistent with, the Collier County Growth Management Plan and all applicable ordinances dealing with planning and permitting of Lely Lakes Golf Resort. Thc land area is amenable to infrastructure provision by a district that has thc powers set forth in the charter ora Community Development District under Section 190.006 through 190.04 I, ~. Such a district is a legitimate alternative available both to the County and to the-landowner for the timely and sustained pro'dsion of quality infrasmacture under thc terms and conditions of County development approval. 2.5 ROADWAYS Ao Roadways within Lely Lakes Golf Resort may be included as one of the CDD provided infrastructure improvements. Standards for roads shall be in compliance with the applicable provisions of the I. DC regulating subdivisions, unless ~; modified, waived or excepted by this PUD or approved during relin~~l Subdivision Plat approval. The Developer reserves the right to request s bstitutions to Code design standards in accord,'mce with Section 3.2.7.2 of the l[)£"O{~Th~. 2-3 Developer retains the fight to establish gates, guardhouses, and other access controls as may be deemed appropriate by the Developer on all privately owned and maintained project roadways and roadways built and/or maintained by thc Lely Lakes Golf Resort CDD. Roadways within Lely Lakes Golf Resort shall be designed and cons'tmcted in accordance with Section 3.2.8 of thc LDC with thc following substitutions: Street fight-of-way width: The minimum fight-of-way width to be utilized for a local slxeet within the Resort/Village shall be forty (40) feet. The primary project entry road may be constructed utilizing a rural type roadway cross section, with striped bike/pedestrian lane on one side of the road, or an alternate form of pedestrian and bicycle access provided from the Resort/Village to the project entry. This altemate access may be in the form of sidewalks, walking trails, boardwalks, bike lanes or any combination thereof. Except as specified herein, other project roadways shall be in compliance with Section 3.2.8.3.18 of the LDC. Intersection radii: Street intersections shall be provided with a minimum of a twenty (20) foot radius (face of curb) for all internal project streets and a thirty-five (35) foot radius for intersections at project entrances. Reverse Curves: Tangent shall not be required between reverse curves on any project streets. 2.6 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Section 3.5.7.1 of the LDC may be reduced with the administrative approval of the Collier County Planning Services Director. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1. Removal of fill and rock from Lely Lakes Golf Resort shall be administratively permitted to an mount up to 10 percent per lake (20,000 cubic yards maxirnum), unless issued a commercial excg~vation pemfit. 2.7 USE OF RIGHTS-OF-WAY Utilization of lands within all project rights-of-way for landscaping, decorative entrance ,,ways. and signage shall be allowed sUbject to review and administrative approval by the Developer and the Collier County Development Services Director for engineering and safety considerations during the development review process and prior to any installations. On-street parking shall be permitted w/thin the Resort/Village and credited .toward minimum project parking requirements. OCT 1 3 1998 2..4 2.8 MODEL HOMES/SALES CENTERS/SALES OFFICES/ CONSTRUCTION OFFICES 2.9 Model homes, sal~ centers, sales offices, construction offices, and other uses and structures relsat_~_ tO ~ jx'olzx~otl ~ Sa~ olerc:a.J e:sta~¢ such as, but not JJrn~t~ to, pav~J~ons, v~cw~g throughout the Lely Lakes GoLf Resort. These uses may be cithcr wet or dry facilities and si'roll be subject to the requirements of Section 2.6.33.4 of the LDC, with the exception that the temporary use permit shall be valid through the life of thc project with no extension of the temporary use requh-ed. These uses may use septic tanks or holding tanks for waste dispos~ subject to permitting under F.A.C. 10D-6, and may use potable or irrigation wells. CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance, PUD Master Plan or Surface Water Management Plan as provided in Section 2.7.3.5 of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application required by the LDC. The Planning Services Director shall be authorized to approve minor changes and re£Lnements to file Lely Lakes Golf Resort Master Plan or Surface Water Management Plan upon written request of the Developer. A. The following limitations shall apply to such requests: Thc minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Lely Lakes Golf Resort PUD document. The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1. of the LDC. The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental~ impacts to abutting land uses, water management facilities, and conservation areas w/thin or external to thc PUD. Thc following shall be deemed minor changes or refinements: Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. Internal realignment of rights-of-way other than a relocation of access to the PUD. 2-S B. Reconfiguration of residential parcels when there is no encroachment into the conservation area. Minor changes and refinements as described above sl'mll be reviewed by appropriate Collier County staff to ensure that said changes and refinements are otherwise in compliance with all applicable County Ordinances and regulations prior to the Planning Services Director's consideration for approval. Minor changes to the Surface Water Management Plan shall be reviewed by the Stormwater Management Director prior to consideration for approval by the Planning Services Director. tfl&'ll.-3~lO V~' 041.WAJwJ~OLD Approval by the Planning Services Director of a minor change or refinement may occur independently from and prior to any application for Subdivision or Sim Development Plan approval, however such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining ail other necessary County permits and approvals. 2.10 COMMON AREA MAINTENANCE Most common area maintenance will be provided by the CDD or by a Property Owners' Association. The CDD is a legitimate alternative for the timely and sustained provision of quality common area infrastmc~ and maintenance under the terms and conditions of County development approval. For those areas not maintained by the CDD, the Developer will create a property owners' association or associations, whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The CDD or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems and reserves serving Lely Lakes Golf Resort, in accordance with the provisions of Collier County Ordinance 9048 and Resolution 90-292, together with any applicable permits from the South Florida Water Management District. 2.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buff'em, berms, fences and walls are generally permitted as a principal use throughout Lely Lakes Golf Resort. The following' stand,u'ds shall apply: A. Landscape berms shall have the following maximum side slopes: 2. 3. 4. Grassed berms 3:1 Ground covered berms 2:1 Rip-Rap berms I: I Structural walled berms - vertical Fence or wall maximum height: seven feet (7'), as measured from the finished tod? elevation of the nearest residential stru'cture within the development. If the fence or wall is constructed on a landscaped berm, the wall shall not exceed six flet (§%iln 1 3 1998 ! 2-6 height from the top of berm elevation for berm elevation with an average side slope of 4:1 or less, and shall not excc-'~:l six feet (6') in height from the top of berm elevation for berms with an average side slope of greater than 4:1 (i.e. :3:1). Landscape buffers, ben'as, fences and walls may be constructed along thc perimeter of the Lely Lakes Golf Resort PUD boundary prior to preliminary subdivision plat and site development plan submittal. All such areas must be included in a landscape casement or tract on tm,al plats, or identified in a separate recorded instrument. Fences and walls which ~ an integral part of security and access control structures such as gat~ houses and control gates shall be subject to the height limitations for principal residential structure. In the case of access control structures within fight- of-ways adjoining two or more different districts, the more restrictive height standard shall apply. Pedestrian sidewalks and/or bike paths, water management systems, drainage struct~n:s, and utilities may be allowed in landscape buffers. Land.scape berms located within the Lely Lakes Golf Resort boundary and contiguous to a property line and/or right-of-way line may be constructed such that the toe of slope is located on the property line and/or fight-of-way line. 2.12 FILL STORAGE Fill storage is gcncrally permitted as a principal use throughout Lely Lakes Golf Resort. Fill material generated from otb. er properties owned or leased by the developer may be transported and stockpiled within areas which have been disturbed/farmed. Prior to stockpiling in these locations, the developer shall notify the County Community Development and Environmental Services Administrator. The following standards shall apply: A. Stockpile maximum side slope 2:1 B. Stockpile maximum height: Thirty feet (30~ Fill storage areas in excess of five feet (5') in height shall be located no closer than three hundred feet (300') from any existing residential unit or residential unit under construction. Soil erosion control shall be provided in accordance with LDC Division 3.7. 2.13 DESIGN GUIDEIANES AND STANDARDS The Collier County Planned Unit Development District is intended to cn .ingenuity, innovation and imagination in the planning, design and develop ~ouragc 2-7 redevclopment of relatively large tracts of land under unified ownership or control, as set forth in the LDC, Section 2.2.20.1. Lely Lakes Golf Resort is planned as a semi-public, resort community developed under unified control. The Developer has established community-wide design guidelines and standards to ensure a high and consistent level of quality for residential units and related community features and facilities, which include features and facilities such as landscaping, hardseape, waterscapes, signage, lighting, pedestrian systems, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, berms and other similar facilities. Areas designated Commercial shall be subject to the Collier County Architectural and Site Design Standards, LDC, Section 2.8. 2.14 PRELIMINARY SUBDMSION PLAT PHASING Submission, review, and approval of Preliminary Subdivision Plats for the project may be accomplished in phases to correspond with the planned development of the property. 2.15 AGRICULTURAL ACTIVITIES 2.16 The site is currently used for active row crop agricultural purposes, and associated and ac, cesso~ uses thereto. These existing agricultural uses shall be permitted to continue throughout the project site and ~ll be phased out as development occurs within individual parcels. ~tl&~9~-)g210 V~' 041.WARNOLD GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout thc Lely Lakes Golf Resort PUD except in the Conservation Area. General permitted uses are those uses which generally serve the Developer and residents of Lely Lakes Golf Resort and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential ~rvices as set forth under LDC, Section 2.6.9. I. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. l~akes including lakes with bulkheads or other architectural or structural bank treatments. ,: a,.~'~,~ Guardhouses, galehotises, alld access control structures. OCT 1 3 1998 2-8 Var 6. Community and neighborhood parks, recreational facilities. 7. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 8. Land.w. ape featur~ including, but not limited to, landscape buffers, berms, fimees and wails subject to the standards set forth in Section 2.11 of this PUD. 9. Fill storage subject to the standards set forth in Section 2.12 of this PUD. 10. Any other use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible. Development Standards: Unless other,vise set forth in this document, the following development standards shall apply to structures: 1. 5. 6. 7. 8. 9. Setback from back of curb or edge of pavement of any road - fifteen feet (15') except for guard houses, .gatehouses, and access control structures which shall have no required setback. Setback from property lines: Front: 25 feet (25') Side: 7 feet (7') Rear: 15 feet (I5') Minimum distance between structures which are peat of an architecturally ~mified grouping - five feet (53. Minimum distance between unrelated structures - ten feet (10'). Maximum height of structures - thirty-five feet (35'). Minimum floor area - None required. Minimum lot or parcel area - None required. Sidewalks and bikepaths may occur within County required buffers. Standards for parking, landscaping, signs and other land uses ~mre ~g~fl,~pu~3~p,q~,I standards arc not specified herein or within adopted Lely l.akes G]olf Resort - OCT 1 3 1998 2-9 design guidelines and standards, are to be in a~ordance with LDC in effect at the time of Site Development Plan Approval. 2.17 OPEN SPACE REQUIREMENTS The PUD Master Plan identifies approximately 1,200 acres included in thc Conservation Area, golf course/open space, lakes, and buffers. These areas, in conjunction with open space areas included within the Residential District, fully satisfy the 30% open space requirements of Section 2.6.32 of the LDC. 2.18 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the ColLier County Growth Management Plan, 25% of thc viablc naturally functioning native vegetation on site shall be retained. Thc total area of viable natural functioning native vegetation within Lely Lakes Golf Resort PUD is approximately 700 acres, therefore, 175 acres are mxluired to be retained in their natural condition. This requirement is fully satisfied within the Conservation Area of thc PUD. 2.19 SIGNAGE A. GENERAL All Collier County sign regulations, pursuant to LDC, Division 2.5, SIGNS, in force at the time of sign permit application shall apply unless such regulations are in conflict with the conditions set forth in this section, in which case the PUD Document shall govern. For the purpose of this PUD Document, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. Signs shall be permitted in public or private rights-of-way subject to approval ora Collier County right,of-way permit where applicable. 4. All signs shall be located so as not to cause sight line obstructions. ~tll,~t-Yll I0 V~ 04t. WA.t.J~K)L~ All internal project fight-of-ways may be utilized for decorative landscaped entrance features and signage subject to review and approval from Plasming Services for consistency with the requirements set forth herein. a. All project and development signage adjacent to and/or visible from any dedicated County or State ROW shall be deyelopc~Pl~.~,Y9, accordance with the LDC, Division 2.5, SIGNS. [ OCT 1 3 1998 2-10 Bo Do BOUNDARY MARKERS One boundary marker or monument may be located at each property comer, adjacent U.S. 41 ROW. Thc boundary marker may contain thc name of the subdivision, and the insignia or motto of the development. Thc sign face area may not exceed 60 square feet in area and may not cxceed thc height or length of the monument upon which it is located. If the sign is two-sided, each sign face may not cxcee, d 60 square feet in area. Sign fiw, e square footage is calculated by total square footage of name, insignia, And motto only. Thc ~tback from U.S. 41 right-of-way and any perimeter property linc shall be 10 feet. ENTRANCE SIGNS Two ground or wall-mounted entrance signs maybe located at each entrance to the subdivisions within the PUD. Such signs may contain thc name of the subdivision, and the insignia or motto of the development. No sign face area may exceed 80 squm-e feet and the total sign face area of Entrance Signs at each entrance may not exceed 160 square feet. If the sign is a single, two-sided sign, each sign face may not exceed 80 square feet in area. The sign face area shall not exceed the height or length of the wall or monument upon which it is located. The setback for thc signs from the U.S. 41 right-of-way, and any perimeter property line shall be 10 feet. Entrance signs may not exceed a height of 8 feet above the finished ground level of the sign site. For the purpose of this provision, finished grade shall be considered to be no, greater than 18 inches above the highest crown elevation of the nearest road, unless th6 wall or monument is constructed on a perimeter landscape berm. TEMPORARY SIGNS Temporary signs may be permitted, and may consist of the following types: project identification, boundary marker, real estate, sales center identification, and directional. ~vo-sided, ' Each sign may not exceed 80 'square feet in area. If the sign is each sign face may not exceed 80 square feet in area. OCT 1 3 1998 2-11 Fo The setback for temporary signs from U.S. 41 rights-of-ways and any perimeter property line shall be 15 feet. Temporary signs may not exceed 8 feet in height above thc finished ground level of the sign site. Temporary signs may remain in place simultaneously with permanent signage until the project reaches 99% build-out. Temporary signs may be permitted subject to the requirements outlined above. The erection of any temporary sign shall require permitting as established within section 2.5.12 of thc LDC. Application fees for temporary sign permits shall be the minimum fee as required for a standard sign within the district. CONSTRUCTION ENTRANCE SIGNS One sign, a maximum of 20 square feet in size, shall be permitted at each construction entrance, to identify the entrance as such. No building permit is required. Employment signs with a maximum of 20 square feet in size, may be located at each construction entrance, to advertise for construction trades. No building permit is required. INTERNAL SIGNS Residential directional or identification signs may be allowed internal to the development. Such signs may be used to identify the location or direction of approved uses such as, but not limited to models or model sales centers, club house, recreational areas. Individual signs may be a ~naximum of 4 square feet per side in size, or signs maintaining a common ~chitectural theme may be combined to form a menu board with a maximum size of 24 square feet ~ side, and a maximum height of 8 feet. Resort/Village land use directional or identification signs may be allowed internal to the PUD. Such signs may be used to identify the location or direction of approved uses such as sales centers, information centers, Resort/Village, or the individual components of the development. Individual signs may be a maximtnn of 6 square feet per side or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 64 square feet per side and a maximum heigt~t of 8 feet. N~"r,~ OCT ! 3 1998 2-12 Go Real Estate signs with a maximum size of 4 square feet per side may be permitted in residential districts. Such signs may advertise "For Sale", "Sold To", "Lot #", or similar verbiage. No building permit is required. Special Event signs not exceeding 32 square feet per side in size may be displayed to announce or advertise such temporary uses as open houses, community fairs or programs or any charitable, educational event. Special event signs shall be erected not more than 14 days preceding the event and shall be removed within 72 hours of completion of the event. Such sign shall be located no closer than 10 feet to any property line. No building permit is required. Grand Opening signs: The developer may display an on-site grand opening sign not exceeding 32 square feet on a side, and not exceeding 64 square feet total. The banner sign shall be anchored and may be displayed on-site for a period not exceeding 14 days within the first three months that the occupant is open for business. No building permit is required. COMMERCIAL SIGNS Commercial signs within the Commercial District shall be erected consistent with provisions of the Collier County LDC, Division 2.5, SIGNS. The maximum allowable display area for signs may not be more than 20 percent of the total square footage of the visual facade of the building to which the sign will be attached and may not, in any case, exceed 250 square feet in area for any sign. Signage within the Resort/Village District for the golf club, hotel/motel, and other permitted and accessory commercial uses, shall be designed to complement the unique architectural theme of the mixed-use development within the ResorffVillage Disthct. Commercial signage within this district is not required to adhere to size and lorational requirements of Division 2.5, SIGNS of the Collier County LDC. The Resort/Village District is located remote from any public right-of-way and Resort/Village signage is intended primarily to serve Lely Lakes Golf Resort residents and guests, and will be developed on a pedestrian scale. Roof signs, billboards, and the Resort/Village District. pole signs shall be prohibited within OCT ! 3 1998 2-13 2.20 H. TRAFFIC SIGNS Traffic signs such as street signs, stop signs and speed limit signs may be designed to reflect a common architectural theme, The placement and size of the signs will be in accordance with DOT criteria. SIDEWALKS/BIKEPATHS Pursuant to LDC Section 3.2.8.3.17, Lely Lakes Golf Resort PUD shall provide sidewalks/bikepaths as follows: A sidewalk/bikepath/jogging/golf cart network will be integrated throughout entire site including Residential, Resorv'Village, Golf Course/Open Space, and Conservation Districts. An internal pedestrian walkway system is permitted within drainage easements. A striped bike/pedestrian lane or a combination of sidewalks, walking paths, boardwalks or cart paths will be provided be~'een the Resorv'Village and the project entry. The Developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2 of the LDC. 2.21 SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS mo The Developer reserves the right to request substitutions to subdivision improvement and utiliD, design standards in accordance ,,~Sth Section 3.2.7.2 of the LDC. 111~91,-I?1 II Vi'- N0~9~.001.4XXMI~ OR. 21041 AGE NO.~ IT,~ M OCT 1 3 1998 , p;., ,SO 3-1 SECTION III RESIDENTIAL 3.1 PURPOSE The purpog of ~ Section i~ to identify permitted ~ and development ~mdards for m'eas within Lely [,&kcs Golf Resort designated on the Master Plan as Residential. 3.2 MA.XI34U~ DWELLING UNITS A maximum of 150 of the project's 749 approved residential dwelling units may be constructed on lands designated Residential on the PUD Master Plan. 3.3 GENERAL DESCRIPTION Areas designated as Residential on the Master Plan are designed to accommodate a full range of residential dwelling types, compatible non-residential uses, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the area designated as Residential is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or PreI~ Subdivision Hat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. Residential tracts are designed to accommodate internal roadways, open spaces, and other similar uses found in residential areas. 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: Single Family Attached and Detached Dwellings. '2. Single Family Patio and Zero I,ot Line Dwellings. 3. Two-family and Duplex Dwellings. 4. Multi-Family Dwellings including Garden Apartments. Welcome Center including services for project administration marketing. VI' 04 f -WAKNOLD · o00-~0~.~ IO~ 1 AGENDA tI.~ __ OCT 1 3 1998 3-2 6. Equestrian facilities such as barns, stables, riding paths, training arenas. Any other principal use which is comparable in nature with the foregoing uses ~d which the Planning Services Director determines to be compatible in Section III, Residential. Accessory Uses and Structures: Accessory uses and structures customarily associated with principal uses permitaxi ia this district, including but not limited to recreational facilities designed to serve the development, stables and riding facilities, and essential Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in the area identified as Residential on the PUD Master Plan. 3.5 DEVELOPMENT STANDARDS Table I sets forth the development standards for land uses within the Lely Lakes Golf Resort' Residential area. Bo Site development standards for single family, zero lot line, two-fanfily, and town home uses apply to individual residential lot boundaries. Multi-family standards apply to platted parcel boundaries. .C. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Lely Lakes Golf Resort design guidelines and standards, are to be in accordance with LDC in effect at the time of Site Development Plan Approval. Unless other,vise indicated, required yards, heights, and floor area stand,m-ds apply to principal structures. Development standards for uses not specifically set forth in Table I shall be in accordance with those sm.dards of the zo~in. ' g district which is most similar to the proposed use. W'I &,'9~..192 I0 Ver, O,,It .W,eJLhlOLD I~ [-O~t~O~ .~ I~ I In the ease of residential structures with a common architectural theme, required property development regulations of Table I may be waived or reduced provided a site plan is approved by the Planning Services Director or his designee, in accordance with the criteria contained in Section 2.6.27.4.6.1 through 2.6.27.4.6.3 of the LDC. Common open space requirements are deemed satisfied pursuant to Section 2.17 ofthis PUD. OCT i 3 1998 3-3 TABLE 1 LELY LAKES GOLF RESORT DEVELOPMENT STANDARDS FOR RESIDENTIAL AREA SINGLE FAMILY SINGLE SINGLE MULTI- DETACHED FAMILY FAMILY PATIO FAMILY A~'FACHED & ZERO LOT AND TOWNHOUSE AND DUPLEX LINE Minimum Site Ama 2,400 SF 4,000 SF 2,400 SF 10,000 SF Miaimum Av~ragc 40' 50' 40' 100' Sim Wklth Minimum AvcraSc 60' 80' 60' 100' Si~ Dqxh -' I Fro~t Ya.,x:l Setback 15' '3 15' '3 15' '3 (Principal and ^cccxsocy) 0"4 Rear Yard Sctbac. k 15' 5' 15' 25' or 0' whcr~ abuUin8 (Prlncipai) OC Con--on at~a or located in Villas~ Min. Sidc Yard ~ 5' $' 0'-$' with min. 0'-I0' with min. (Y,-inc{pa{). 10' between i0' Min. Side Yard Setback 5' 5' O' one side same as principal (Accessory) - {0' oth~' sldc structure Rca' Yard ~k 5' or O' whom 5' or O' where 5' or 0' where l O' or 0' where abuuing (Acc,:~ory) abu~ng C,C or abutting OC or abutting GC or GC or Coas~rvafion Conscrvalion ~ Conservation ama Conservation ama H,58ht '.5 2 stories 2 stories 2 stories 3 storics Di.~,anc~ B~-twccn N/A N/A N/A Prln~ S~ Minimum Roo~ Arua 750 SF 7:50 SF ?50 SF ?.50 St-' *1 *2 *3 *4 '5 Site depth average - determined by dividing the site area by the average site width. This setback shall be reduced to 15' for side entry garages and front porches. This setback shall be reduced to I0' for side entry garages, front porches, and combination porch/garages. For Resort~qllage MF structures reviewed as singular site development plan Where integral building parking is provided, two building stories shall be permitted above parking facilities. OCT 1 3 1998 4-1 SECTION IV RESORTMLLAGE 4.1 PURPOSE 4~2 The purpose of this section is to identify permitted uses and development standards for areas within Lely Lakes Golf Resort designated on the Master Plan as "Resort/Village." A maximum of 749 dwelling units, including a maximum of 150 hotel/motel units may be constructed within the Village Center district, In addition to traditional hotel accessory uses such as restaurants, gift shops, personal services, recreational amenities and meeting rooms, the Resort/Village Center may also contain up to 10,000 square feet of independent retail/services designed to serve residents and guests &Lely Lakes Golf Resort. 4.3 GENERAL DESCRIPTION The approximate acreage of the Resort/Village area is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provi, ded at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. The Re. son/Village area is designed as a mixed use area which accommodates limited commercial, residential and recreational uses for Lely Lakes Golf Resort residents and guests. 4.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or l,'md used, in whole or part, for other than the following: A. Permitted Principal Commercial Uses and ~'~uctures: Accounting, Auditing and Bookkeeping Services (Group 8721). Automatic Teller Machines (Group 3578). Amusements and Recreation Services - Indoor (Groups 7911-7929, 7991, 7993, 7997). Apparel and Accessory Stores (Groups 5611-5699). Gasoline Service Stations (Group 554 I). Automotive Carwashes (Group 7542). Business Services (Groups 7334, 7349). 4-2 9. 10. 11. 12. 13. 14. 15. 16. 17. lhting and Ddnking Places (Groups 5812-5813) except drive-through. Food Stores (Groups 5411-5499). General Merchandise Stores (Groups 5311-5399). Hotel/Mot~l, including accessory convention and meeting space (Group 7011) Miscellaneous Retail (Groups 5912-5963, 5992-5999). Personal Services (Groups 7211, 7212, 7215, 7216 non-industrial dry cleaning only, 7217, 7219-7251, 7291-7299). Real Estate (Groups 6512, 6531, 6541). Recreation Services (Groups 7911,7991, 7993, 7997, 7999) United States Postal Service (Group 4311 except major distribution center). Video Tape Rental (Group 7841). Any other principal use which is comparable in nature with the foregoing uses (including general and professional offices not specifically listed above) and which the Planning Services Director determines to be compatible in the Village Center. B. Residential dwellings subject to the development standards in Table I. C. Golf Courses and Golf Clubhouses Do Recreational facilities and structures such as pools, fitness facilities, clubhouses, community buildings E. Permitted Accessory Uses and Structures Accessory uses and structures customarily associated with principal uses permitted in this district. 2. Customary accessory uses include, but are not limited to, recreational facilities that serve as an integral part of the permitted uses such as pool, tennis facilities, parks, playgrounds and playfielcls. .? Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in the Resort/Village. 4.5 DEVELOPMENT STANDARDS Minimum Yard Requirements: 1. Front Yard: Ten feet (10') from edge of pavement 2. Side Yard: Fifteen feet (15'). 3. Rear Yard: Fifteen feet (15'). OCT 1 3 1998 4-3 Bo Eo Setback from a lake (or conservation area) for all principal and accessory uses may be zero feet (0') provided architectural bank treatment is incorporated into the design. Exterior lighting shall be arranged in a manner which will protect roadways and residential properties fi'om direct glare or unreasonable interference. Maximum height of structures - Fif~y-five feet (55); except clock towers or similar architectural features, which shall be permitted up to sixty-five feet (65'). Minimum dislance between all other principal structures - Ten feet (I0') or minimum required by local fire codes at time ofdevelopment. Minimum distance between all other accessory structures - Ten feet (10'). ' Minimum floor area - Seven hundred (700) square feet gross floor area on the ground floor for free standing units. Minimum lot or parcel area - Ten thousand (I 0,000) square feet. Parking for uses and structures constmct6d in the Resort/Village District: one (1) space per dwelling unit; 1 space per 300 square feet of office or commercial building area; and 2 spaces per 3 rooms for hotel motel uses. Accessory uses for the hotel/motel shall not be required to provide additional par'king spaces. On-street par'king and/or common shared parking lots are permitted and shall be credited toward overall Resort/Village parking requirements. Standards for landscaping and other land uses where such standards are not specified herein are to be in accordance with LDC in effect at the time of Site Development Plan Approval. OCT 1 3 1998 5-1 SECTION V COMMERC~ DISTRICT 5.1 PIYRPOSE The purpose of this section is to identify permitted uses and development standards for the ama identified within Lely Lakes Golf Resort Master Plan as Commercial. 5.2 GENERAL DESCRIPTION Areas designated as Commercial on the PUD Master Plan are designed to acco~te a full range of commercial and office uses designed to serve residents of Lely Lakes Golf Resort and the immediate vicinity. PERMITTED USES AND STRUCTURES Development of the commercial uses authorized herein shall not be permitted until such time as the EAR-based Future Land Use Element of the Growth Management Plan providing for reductions in intensity to property formerly authorized under Industrial Under Criteria is determined to be legally effective as provided by Subsection 163.3189(2)6, Florida Statutes. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: D. E. F. G. I. J. L. M. N. O. P. Q. All commercial, office and service uses permitted in the Resort/Village Automotive dealers and gasoline service stations (5511,5531,5541 with services and repairs as described in Section 2.6.28, 5571, 5599, new vehicles only. Self-storage warehousing (Group 4225) Itome Furniture, Furnishings, and Equipment Stores (Groups 5712-5736) Eating and Drinking Places, including drive-through (Groups 5812-5813) Miscellaneous Retail (Groups 5912, 5921, 5941-5949, 5992-5999) Depository. and Non-Depository Institutions (Groups 6021-6062 and 6111- 6163) Security and Commodity Brokers (Groups 6211-6289) Insurance Carriers (Groups 6311-6399) Automotive Rental and Leasing (Groups 75 I"4-7515) Miscellaneous Repair Services (Groups 7622-7699) Amusement and Recreation Services (791 I, 7922, 7933, 7991, 7993, 7997, 7999) Health Services (Groups 8011-8099) Membership Organizations (Groups 8611-8661 ) Engineering, Accounting, Research and Related Services (Groups 8711-8748) Legal Services (811 I) Child/Adult Day Care Services (8351) AGCNg~J~ · ~l¥169947111 ¥~r' OII-WAIM°43t. D OCT 1 3 1998 5-2 5.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: 3. 4. 5. Front Yin'd: Twenty-five feet (25') minimum or one-half the building height, whichever is greater. Side Yard: Fifteen feet (15'). Rear Yard: Fif~en feet (15'). Any yard abutting a golf course parcel: Twenty-five feet (159. Setback from a lake for all principal and accessory uses may be zero feet (0') provided architectural bank treatment is incorporated into the design. Exterior lighting droll b~ arranged in a manner which will protect roadways and residential properties fi'om direct glare or unreasonable interference. C. Maximum height of structures - Fifty feet (50'). D. Minimtn'n distance between all other principal structures - Twenty feet (20'). Minimum distance between all other accessory structures (excluding drive-through facilities) -Ten feet (I 0'). Fo Minimum floor area - Seven hundred (700) square feet gross floor area on the ground floor. G. Minimtu'n lot or parcel area - Ten thousand (I0,000) square feet. H. Minimtzm lot width - Seventy five feet (75'). Standards for parking, landscaping, signs and other land uses where such standards are not specified herein, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heig.hts, and floor area standards apply to principal structures. OCT 1 3 1998 6-I SECTION VI GOLF COURSE/OPEN SPACE DISTRICT 6.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Lely Lakes Golf Resort designated on the Master Plan as Golf Course/Open Space. 6.2 GENERAL DESCRIFrlON Areas designated as Golf Course/Open Space on the Master Plan are designed to accommodate a full range of golf course, recreational, water management and open space uses, as well as to provide lands for community-related ancillary uses and essential services. 6.3 PER.MITrED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures Golf comes, golf clubhouses, golf facilities, golf teaching facilities including classrooms and temporary golf clubhouses. 2. Tennis clubs, health spas, equestrian clubs, and other recreational clubs. 3. Project information and sales centers. Community and golf course maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, utilities pumping facilities and pump buildings, utility and maintenance ~ offices. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe doc'ks, fishing piers, picnic areas, fimess trails and shelters. Any other principal use which is comparable in nature with the foregoing uae~ and which the Planning Services Director determines to be compatible in the Golf Course/Open Space District. OCT 1 3 1998 , Po. 6-2 6.4 B. Permitted Accessory Uses and Structures 1. Acce.~ry uses and structures customarily associated with the principal uses permitted in this District. 2. Pro-shops, practice areas and ranges, golf cart barns, rest rooms, shelters, snack bars, golf course maintenance yards. 3. Retail establishments accessory to the permitted uses of the District such as, but not limited to, golf, tennis, and recreational related sales. 4. Reslatmmts, cocktail lounges, and similar uses intended to serve club members and club guests. 5. Shuffleboard courts, tennis courts, swimming pools, and all other types of accessory facilities intended for outdoor recreation. 6. Telecommunications facilities. 7. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in the Golf Course/Open Space District. DEVELOPMENT STANDARDS A. Principal structures shall be setback a minimum of twenty feet (20') from Golf Course/Open Space District boundaries and private roads, and fifty feet (50') from all PUD boundaries. Bo Accessory structures shall setback a minimum of ten feet (10') from Golf Course/Open Space District boundaries and private roads, and twenty feet (20') from all PUD boundaries and residential tracts. Lighting facilities shall be arranged in a ~anner which will protect roadways and residential properties from direct glare or unreasonable interference. Maximum height of structures - Fifty-five feet (55'). Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping - Ten feet (10% OCT 1 3 1998 6-3 F. G. H. I. Minimum distance between all other principal structures - Twenty feet (20'). Minimum distance between all other accessory structures - Ten feet (I 0% Minimum floor area - None required. Minimum lot or parcel area. None required. Parking for the community center/clubhouse shall be one space per every two hundred (200) square feet ofgross floor area, which shall be considered inclusive of required golf course parking Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, requited yards, heights, and floor area standards .apply to principal structures. , ~'l&rg~*~10 %'~r 041.WA,R24OL~ 1998 OCT 1 3 ~ P,~ ~. / 7-1 7.1 SECTION VII CONSERVATION AREA PURPOSE The put. se of this Section is to identify permitted uses and development standards for the area within Lely Lakes Golf Resort designated on the Master Plan as Conservation Area. 7.2 GENERAL DESCRIPTION Areas designated as Conservation Area on the Master Plan are designed to accommodate conservation and limited water management uses and fi.ructions. 7.3 .~ PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Boardwal 'ks and nature trails (excluding asphalt paved trails). 2. Water management facilities. 3. Temporary construction access roads. 7.4 Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in the Conservation Area. CONSERVATION EASEMENT The developer will establish a non-exclusive easement over lands required to be preserved under Section 3.2.8.4.7.3 of the Land Development Code. The developer may also dedicate or sell all or some portion of this land to an entity whose responsibility is for continued preservation and maintenance. No setback shall be required from the platted preserve tract or easement boundary. OCT 1 3 1998 8-1 SECTION VIII GENERAL DEVELOPMENT COMMITMENTS 8.1 PURPOSE The purpose of this Section is to set forth the development commitments for the Lely Lakes Golf Resort project. 8.2 PUD MASTER DEVELOPMENT PLAN All facilities shall be constructed in accordance with the final site development plans, final subdivision plans and all applicable State and Local laws, codes and regulations except where specifically noted. The PUD Master Plan (Exhibit A) is an illustration of the conceptual development plan. Tracts and boundaries shown on the plan shall not be considered final and are subject to minor administrative amendment, subject to Section 2.7.3.5 of the LDC. Bo All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all utilities. 8.3 ENGINEERING Ao Except as noted herein, all project development will occur consistent with Division 3.2 and 3.3 of the LDC. 8.4 UTILITIES Water distribution, sewage collection and transmission systems shall be constructed throughout the project by th~developer. Potable water and sanitary sewer facilities constructed within platted fights-of-way or within dedicated County utility easements shall be conveyed to Collier County, pursuant to Collier County Ordinance 88-76, as amended, except as tnay be provided in Section 2.4 of this document. Bo 'b'I&/'PS-19~ I0 V~ 04!.WARNO~D Upon completion of the utility facilities, they shall be tested to insure they meet Collier County's utility construction requirements in effect at tbn construction plans are approved. 8.2 8.5 Co All customers connecting to the potable water and sanitary sewer system shall be customers of the County, except as may be provided in Section 2.4 of this document. WATER MANAGEMENT In accordance with the rules of the South Florida Water Management District, this project shall be designed for a storm event of a 3-day duration and 25-year return frequency. An Excavation Permit will be required for the proposed lakes in accordance with Division 3.5 of the Collier County LDC. All lake dimensions will be approved at the time &excavation permit approval. The Lely Lakes Golf Resort conceptual surface water management system is shown on Exhibit "B", Surface Water Management Plan (WMB&P File No. E- 0599-I 1). Minor changes or modifications to Exhibit "B" shall be authorized as provided in Section 2.9 of the Lely Lakes PUD. 8.6 ENVIRONMENTAL Ao A mitigation plan for impacts to jurisdictional wetlands ,,,,'ill be submitted during the subdivision platting and/or site development plan review process to insure that jurisdictional impacts are mitigated pursuant to Collier Count.,.'. DEP. ACOE. and SFWMD Rules. Isolated wetlands will be used for water quantity detention areas after surface runoff is pretreated to meet water quality criteria. In accordance with SFWMD Rules, the hydroperiod of large contiguous areas of preserved wetlands will be enhanced by setting water management control elevations at levels which will maintain wet season control elevations, while providing flood protection for residential development. 8.7 TRANSPORTATION ho The Lely Lakes Golf Resort shall not use Southwest Boulevard as a construction access or secondary project ingress/egress point. Provisions shall be made to permit access for emergency, and other authorized vehicles. ~/2~2~39210 V~ OII-WAJ~'OLD t .& \ \ tt \\ ,.,\ · ~, ,MST LELY LAKES GOLF RESORT PUD MASER PLAN l'~-pared for. Lei), Development Corporation W I LSON'C~YM I LLE R \~\~ · LELY LAKES GOLF RESORT SURFACE WATER MANAGEMZNT PLAN P~pa. red for. Lely Develop~.~ent Corporation WILSON-~MILLER EXECUTIVE SUMMARY PETITION NO. PUD-96-12, J. GARY BUTLER, P.E. REPRESENTING ROYCE O. STALLING, JR., REQUESTING A REZONE FROM "A" RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT FOR A MULTI-FAMILY DEVELOPMENT FOR PROPERTY LOCATED EAST AND ADJACENT TO SANTA BARBARA BOULEVARD, ONE-HALF MILE NORTH OF DAVIS BOULEVARD (SR-84) IN THE SOUTH '/2 OF SECTION 4, TOWNSHIP 50 SOUTH. AND RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF APPROXIMATELY 39.82 ACRES. OBJECTIVE: This petition seeks to have certain property herein described rezoned from its current zoning classification of"A" Rural Agricultural to "PUD" Planned Unit Development. CONSIDERATIONS: The petition provides a Planned Unit Development strategy for approximately 39.82 acres of' land that would authorize 279 dwelling units. The PUD Master Plan reveals two Tracts (A & B) for development. Tract A (approximately 35 acres) will be developed as a residential cornmunity with single family and muhi-familv dwelling units. Tract B (approximately 5 acres) is also slated for residential development and provides an option to develop the site with a 10.000 square foot church with 600 seats or a nursing home in lieu of residential development. That portion of Tract B utilized for a church or nursing home development will be subtracted front the total site acreage for thc purpose of calculating residential density (7 units/acre) for the remainder of thc subject site· The PUD Master Plan reveals one point of interconnection with Santa Barbara Boulevard at thc northern portion of thc site and a shared access easement is provided along the southern property boundary with the Shoppcs at Santa Barbara PUD. Thc project provides a series of' lakes for water management, hmdscape buffers and 60% open space. Thc subject property is currently being utilized as a grove with citrus and vegetable production. Presently there is a farm market on-site active in seasonal sales of fresh produce. To the north thc land is developed in part by a multi-family rental project (Santa Barbara Landings) at six dwelling units per acre and by Plantation PUD at five dwelling units per acre. That portion o£ Plantation PUD adjacent to the subject site is developed with single family houses, and internal to the PUD is a multi-family project developed at approximately twelve units per acre· Wildwood Estates PUD is located adjacent to the east property linc and is developed as a multi-family project at twelve units per acre. To the south located within the Activity Center are two approved commercial projects (St' :,~,~,~,~^~b,l~,,~jub,/l, Barbara PUD and Neapolitan Park PUD). Each of these PUD's are undeveloped and bc 'der t~e ~ub~ OCT 1 3 1998 ! _ ..... ~ I III II IIII I II II II II I III II II ...... 1 sites southern property line. Neapolitan Park PUD has a multi-family component with development potential of sixteen dwelling units per acre adjacent to thc subject site. Clearly the subject site is expected to be part of a residential district by virtue of the surrounding projects and approved densities. StatT is of thc opinion that this project is compatible with thc surrounding area. The Collier Count)' Planning Commission rcvicwetl this petition on April 2. I')98 at their public hearing and recommended approval of thc petition 8 to O. No one spoke in favor of or in opposition to this petition. FISCAL IM PACT: This amendment by and of itself will have no fiscal impact on thc County. [lowcvcr. if this amendment achieves its objective, the land will be developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. Thc Count)' collects impact fees prior to the issuance of building permits to help olT-set thc impact of each new development on public facilities. These impact fees are used to fund projects in thc Capital Improvement Element needed to maintain adopted levels of sen'ice for public facilities, In thc event that impact tee collections are inadequate to maintain adopted levels of service, thc County musl provide supplemental funds from other revenue sources in order to build needed facilities. GROWTI! 51ANAGEMENT IMPACT: The subject property i4 located within the L'rban (Urhan-Nlixcd Use District. L'rban Residential Subdistricl) on thc Future kand Use Map of thc Growth .Management Plan. This is a policy directive which essentially acknowledges that residential rctoning of Agriculturally zoned land. given its t.ning in relationship to infrastructure availability, x,,ould bc an appropriat,: course ofaclion. Also. teleran! to this petition, the Urban Residential Subdistrict also permits a x ;trtcty o~' non-rcsidcmial uses. inch,'ding communitx facilities and transitional commercial ,scs. A consisteucy analysis with apphcablc elements of'the G,MP is as follows: FLUE and Dcnsib' - Bx, virtue of its location in tire urban residential designated area anti xxithi, the residential density banal, a zoning action establishing an urban residential development, churct`L or nursing home as proposed is consistent with lire FLL'E, The proposed number of dwelling units is 279 for a density of seven dwelling units for each acre of land, Thc density eligible by the FLUE density rating systcn`L is four (4) dwelling units per acre v, ithin the urban area and three 13') dwelling units per acre within the residential density band. Thcrcfi',rc thc density eligible bv the FL. UE density ra~ng ss'stem is seven (7) dwelling units per acre. consistent wilh the petitioner's request. Traffic Circulauon Elcmcm - Site generated traffic will not exceed thc significance test standard ifivc percent of the I.OS "C" design voh, me) on Santa Barbara Boulevard. In addition, the project trips will not lower the level of sen'ice below any adopted LOS "D" standard within the project's radius of development influence IRDi). Therefore. the project is consistent with Policy .5.1 and "" .-c ,~.~ Traffic Circulation Element (TCE). The TCE lists Santa Barbara Boulevard as a four lar e art~'ta,X-med-~Y'z~ connecting with Logan Boulevard, Thc current traffic count for ti'Lc segment south of {adio Road is 2 OCT 1 3 1998 11,078 PSDT and is operating at LOS "C". Thc Peak Season Daily Traffic was based on the Pea'k/Annual Ratio shown in the County's Transportation Planning datal~ase. It should be noted that this road segment is not projected to be deficient within the next five years, Therefore, this petition complies with Policy 1.3 and i.4 ortho TCE. Conser,,'ation and Open Space. Acreage quailS'ins as jurisdictional prescr¥cs and open space totals 23 acres which constitutes more than sixty (60) percent of the land area inclusive of land that will be devoted to open space in connection with the proposed multi-family development, Native vegetation preservation or re-vegetation requirements of the LDC will be achieved by the design for preservation acres, therefore, the Conserx'ation and Open Space Element of the GMP is achieved bv the PUD development strategy. - Utilities and Mana_~ement. Development of the land will proceed on the basis of connection to the County's sewer and ~Aater distribution system. Once these utility lines are completed in accordance with Count), standards, they will be deeded to the Collier Count)' Water-Sewer District as prescribed by County Ordinances. Water management facilities will be constn~cted to meet Count)' Ordinance requirements. These will be reviewed and approved as a function of obtaining subsequent development order approvals. The above prescribed course of action makes this petition consistent with this element ofthe GNIP. tlISTORIC/ARCllAEOLOGICAL IMPACT: StalTs analysis indicates that the petitioner's property is located outside an area of historical and ,'u'chaeological probability as refercnce~ on the official Collier County Probability Map. Therefore. no l'tistofical/Archaeological Survey and Assessment is required, Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during thc course of site clearing, c.xcavation or other constntction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protcct the discover)., shall be immediately stopped and the Collier County Code Enforcement Department contacted. ' . PLANNING CO;Xl.XllSSION RECO.XlMENDATION: The Collier County Planning Commission recommends approval of Petition PUD-96-12, Bembridgc as provided by thc PUD Document anti Masler Plan that x,,'ili become an exhibit to the Ordinance of Adoption. OCT i 3 1998 PREPARED BY _d~./~,., , ,- i CIIAttRAM BADAMTCtilAN PRINCIPAL PLANNER REVIEWED BY: ;., :-~..:' RO~AED F. NINO, AICP CU~NT PLANNING M~AGER ROBERT J. MULHERF~ AICP PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: VINCENT A. CA~TERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. EX SUMMARY.md DATE DATE DATE DATE N= ~ OCT 1 3 1998 AGENDA ITEM ?-E MEMOI:~NDUM TO: FRO,M: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMU'N'ITY DEVELOPMENT SERVICES DIVISION FEBRUARY 25, 1998 PETITION NO: PUD-96.12. BEMBRIDGE PUD O%%~ER/AGENT: Agent: Ov,'ner: J. Gary. Butler, P.E. Butler Engineering, Inc. 2223 Trade Center Way Naples, Florida 3,4109 Royce O. Stalling, Jr. c/o Butler Engineering. Inc. 2223 Trade Center Way Naples. Florida 34109 REQUESTED ACTION: This petition seeks to have certain property as herein described rezoned from its current zonine classification of"A" Rural Agricuttusal to "PLTD" Ptaxmed Unit Derek. - GEOGRAPHIC LOCATION: The prcrperty fronts upon the east side of Santa Barbara Boulevard one-half mile north of Davis Boulevard (SR-84) in the south ½ of Section ,4. Township 50 South, and Range 26 East. Collier Count).., Florida. (See location map following page) PURP SE/D S RIPTI OF PROJECT: ~.,.,,, ON The petition provides a Planned Unit Development strateuy for approximately 39,82 acres of land that would authorize 279 dwelling units. The PUD Master Plan reveals two Tracts (A & B) for development. Tract A (approximately 35 acres) will be developed as a residential community with single family and multi- ' units. Tract B (approximately 5 acres) is also slated for re. option to develop the site wnh a I0,000 square foot church g th 600 seats or a OCT 1 3 1998 s .1 :l ] i APR nl a.i o! mACT A RESIDEN riAL AREA ~-. TRACT ~ RES/DENnAL AREA TRACT 8 RE$1DEN rIAL AREA. OPTIONAL CHURCH AND/OR ,t, LF' FACILIT¥ N w E S 0 .JO0 £XHIBI T A - MA Co T£R PLAN OCT 1 3 1998 APR~ , p,~. _.1 - -:2 of residential development. That portion of Tract B utilized for a church or nursing home development will be subtracted fi.om the total site acreage for the purpose of calculating residential density (7 units/acre) for the remainder of the subject site. The PUD Master Plan reveals one point of interconnection with Santa Barbara Boulevard at the northern portion of the site and a shared access easement is provided along the southern property, boundary with the Shoppes at Santa Barbara PUD. The project provides a series of lakes for water management, landscape buffers and 60% open space. SURROUNDING LAND USE AND ZONING: Existing: Surrounding: North - The property is currently being utilized as a grove with citrus and vegetable production. Presently there is farm market on-site active in seasonal sales of fresh produce. The propert? is zoned "A" Rural Agricultural. To the north the land is developed in part by a multi-family rental project (Santa Barbara Landings) zoned RMF-6 and by a mixed use residential project (Plantation PUD). That portion of the Plantation PUD adjacent to the subject site is developed with single-family houses. That portion of Santa Barbara Landings adjacent to the subject site is retained as a conservation easement. East To the east lies Wildwood Estates PUD. The property is currently being developed as a multi- family project. That portion of the project adjacent to the subject property line is undeveloped at this time. South - To the south the land is vacant and zoned "PUD". The Shoppes at Santa Barbara PLrD is approved for a commercial shopping center m~d the Neapolitan Park PUD is approved for a multi-family and adult congregate living facilit3' project. West - To the west Further west developed as a mixed use course commurti~. N~ OCT 1 3 1998 lies Santa B~rbara Boulevard. is the Berkshire Lakes PUD residential and .~olf A G E ~)~1,.~ _.._~.'-. v m GROWTtt MANAGEMENT PLAN CONSISTENCY: The subject property, is designated Urban (Urban-Mixed Use District. Urban Residential Subdistrictl on the Future Land Use Map of the Growth Management Plan. This is a policy directive which essentially acknowledges that residential rezoning of Agriculturally zoned land. given its timing in relationship to infrastructure availability, would be an appropriate course of action. Also, relevant to this petition, the Urban Residential Subdistrict also permits a variety of non-residential uses. including community facilities and transitional commercial uses. A consistency analysis with applicable elements of the GM? is as follows: ' FLUE and Density - By virtue of its location in the urban residential designated area and within the residential density band, a zoning action establishing an urban residential development, church or nursing home as proposed is consistent with the FLUE. The proposed number of dwelling units is 279 for a density of seven dwelling units for each acre of land. The density eligible by the FLUE density rating system is four (4) dwelling units per acre within the urban are~ and three (3) dwelling units per acre xvithin the residential density band. Therefore the density eligible by the FLUE density rating system is seven 17) dv.'elling units per acre. consistent with the petitioner's request. Traffic Circulation Element - Site generated traffic will not exceed the significance test standard {five percent of the kOS "C" design volume) on Santa Barbara Boulevard. In addition, the project trips will not lower the level of service below any adopted LOS "D" standard within the project's radius of development influence (RI)l). Therefore, the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). The TCE lists Santa Barbara Boulevard as a four lane arterial road connecting with Logan Boulevard. The current traffic count for the segment south of Radio Road is 11,078 PSDT and is operating at LOS "C". The Peak Season Daily Traffic ,,,,'as based on the Peek'Annual Ratio shown in the County's Transportation Planning database. It should be noted that this road segment is not projected to be deficient within the next five years. Therefore. this petition complies with Policy 1.3 and 1.4 of the TCE. Conse~'ation and Open Space - Acreage qualif],.ing as jurisdictional preserves and open space totals 23 acres which constitutes more than six~, {60'~ percent of the land area inclusive of land that ,,,,'ill be devoted to open space in connection with'the proposed multi-family development. Native vegetation preservation or re-vegetation requirements of the LDC will be achieved by the design for preservation acres, therefore, the Conse~'ation and Open Space Element of the GMP is achieved by the PLrD dex~elopment strategy. Utilities and Management - Development of the land will proceed on the basis of connection to the County's sewer and v. ater distribution system. Once these utility lines are completed in accordance with County standards, they will be deeded to the Collier County Water-Sewer District as prescribed by County Ordinances. Water management Facilities will be constructed to meet County Ordinance requirements. These ,`,.'ill be reviewed and approved as a function of obtaining subsequent development order approvals. The above prescribed course of action makes this petition consistent AG E,~ 0,,~? F,,~ No. ~ OCT I 3 1998 po. ~ HISTORIC/ARCHAEOLOGICAL lYlPACT: StarTs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore. no Historical/Archaeological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. ,EVALUATION FOR ENVIRONMENTAL, TR. A4NSPORTATIO~q AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development Environmental and Engineering staff, and the Transportation Department. The subject site is being used as a farm field and grove and is exempt from a review by the E,M~. However jurisdictional staff made recommendations for modification of PUD provisions to ensure compliance with LDC requirements and these are also included in the PUD regulations. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impact of the proposed land use change, be it positive or negative. culminating in a staff recommendation based on that comprehensive overview. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of the approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or con, whichever the case may be, in the opinion of the staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff'report. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision makers. The evaluation by professional staff should typicalh' include an analysis of the petition's relationship to the community's future land use plan, and whethc'r or not a rezoning action would be consistent with the Collier County Growth Management Plan in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent~ consideration usually dealt with as a facet of analyzing the rela' ' ' long range plan for future land uses. ~g · OCT 1 3 1998 ._P;.. /0 - __ Nom'ithstanding the above, staff in reviewing the determinants for adequate findings to support a rezordng action advise as follows: .Relationship to Future and Existin~ Land Uses - A discussion of fids relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relation, ship of the proposed zoning action to the Future Land Use Element of the Collier County Grow'th Management Plan. As reported above the Future Land Use Plan acknowledges the entire area as an area where urban residential development is expected to occur. The PUD development smategy provides ~'o land use parcels (Tracts A & B) for residential development. Tract A (35 acres) is designed for residential single family and multi-family development. Trac~ B (5 acres) provides the option to develop a 10,000 square foot church with 600 seats or a nursing home in lieu of residential dwelling units. That portion of Tract B utilized for church or nursing home development will be subtracted fi'om the total site acreage for residential density calculations. The maximum building heights are limited to forty (40) feet and the project will provide 60% open space. Regarding the matter of timing, it should be appreciated that urban residential development is under development along the northern and eastern property boundaries. After considering the availability of community. infi'astruct'ure and services it is clear that the development of the subject propert'y is timely and consistent with the FLUE to the GMP. With respect to the matter of compatibility, this is an evaluation whose primary focus is similarity, of land use and not density as so often misconstrued. In the case at hand, and based upon the Future Land Use Plan we have an expectation that the land ',,,'ill be used for urban residential purposes, and in fact the property, is impacted by multi-family and single-far,-fily residential development on the north, multi-family development on the east and by an approved but as yet undeveloped commercial PUD to the south. Clearly this is expected to be part of a residential district and any form of housing, church or nursing home is therefore compatible with development objectives for the area. Traffic - The trips generated by this petition will not exceed 5 percent of the LOS "C" design capacits.' within the project's RDI. Furthermore, the site generated trips will not create a concurrency problem because the project trips don't lower the overall road capacity below any adopted LOS "D" standard. No roadway improvement for Santa Barbara Boulevard will be required to satisf2,.' level of sera'ice and concurrency requirements for future development. The proposed development will not create or excessively increase traffic congestion within the project's RDI and complies with Policies 1.3, 5.1, 5.2 and 7.3 of the TCE. Therefore, no road improvement or project phasing schedule for this development is required. Based on the above, the rezoning of this properts., is consistent with the County's plan for transportation relationships. Specific roadway improvements require modifications to accommodate roadway intercormection with Santa Barbara Boulevard (i.e. turn lanes and compensate right-of-way). These are provided for in the development commitment section of the PUD. Infrastructure - The Collier County sewer and water system will be extended into the property and provide these services to each development. System improvements are required to comply with provision of the County's utility ordinance which requires cor upon their acceptance. 1998 All development must comply with surface water manatement requirements invoked at the time of subdividing as the case wiIl be for development of this la~d. A_ny excavation required to vacillate the project's surface water management plan will be required to obtain an excavation permit and comply with the rules of the SFWMD. ~°mrnur~w Infrastructure a~d Service~. The subject property is readily accessible to a range of community infrast~cture and services which is enhanced by its location on Santa Barbara Boulevard, a' f°ur-lane County arterial road. Shopping centers and various types o£ personal services are available at a short driving distance. St. 3ohn Neurnann High School, and K-12 school facilities are located in Golden Gate City approximately 2.$ miles to the north. The property lies within the Golden Gate Fire District, wherein a fire station is located at the N.E. comer of Golden Gate Parkway and Coronado Boulevard. Collier County library and emergency medical services are located within Golden Gate City. P-PLrD Document and Master plan - PUD Dgcur~e~l. The Bembridge PUD is obviously intended to be a residential development with the flexibility of developing a church or nursing home at the S.W. comer (Tract B). The development standards are most sin'filar to the R~-6 zoning district regarding setbacks, distance between structures and building heights. The PUD contains the recommendations of the reviewing staff. ~ - The PUD Master Plan reveals two Tracts A and B for development. Tract A is intended to be developed with residential dwelling units and Tract B is intended to be developed with residential dwelling units or have the flexibility of developing the site with a 10,000 square foot church with 600 seats or a nursing home in accordance with Section 2.6.26 of the Collier Count' Land Development Code. The Master Plan provides one point of interconnection with Santa Barbara Boulevard at the northern portion of the site, A shared access easement is also provided along the southern proper~y boundary with the S~oppes at Santa Barbara PUD. This ,type of design is similar to many developments in Collier County and these developments have not posed any particular problem relative to access and emergency service responses. ' _STAFF RECOMMENDATION: Staff recommends that the Collier Count, Planning Commission (CCPC) recommend approval of Petition pLrD-96.12, Bembridge as provided by the PUD Document and Master Plan that will become an exhibit to the Ordinance of Adoption. ?KEPAKED BY: ACTING CUR. RENT PLANNING MANAGER VIC ES/~P~TMENT DIRECTOR VINCENT A. CAUTERO, AICP, ~--~INISTKATOR COMMUNITY DEV. AND ENVIRONMENTAL SVC$. Petition Number PUD-96-12 StaffRepon for March 19, 1998 CCPC meeting. DATE DATE DATE DATE COLLIER COUNTY 7L~COMMISSiON: MICHAEL A. DAVIS, CHAIRMAN PUD-96-12 ST.~FF REPORT/md AGEND~ ITI:U OCT ]. ~ 1,q9~ ._._~.~: !$ ., REZONE FINDINGS PETITION PUD-96-12 · Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations o£ 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 consisten~ with the goals, objectives, and policies and Future Land Use map and the elements of the Growth Management Plan. Pro/Con: Evaluation not applicable. Summary Findings: The proposed development is in compliance with the Future Land Use Element of the Growth Management Plan for Collier County and all other elements. their objectives and policies. The urban residential FLUE designation, applicable to the property., anticipates a zoning action to any residential zoning district inclusive of PUD's so long as the authorized density is consistent with the density rating system to the FLU'E. Companion PUD Findings evaluation as well as the adopted CCPC staff report addresses this same finding. ~2. The existing land use pattern; Pro/Con: Evaluation not applicable. Existing: The property is currently being utilized as an active grove w/th citrus and vegetable production. Currently there is a farm market on-site active in seasonal sales of fresh produce. The property, is zoned "A" Rural Agricultural. Surrounding: North-To the north the land is developed in part by a multi-family rental project (Santa Barbara Landings) zoned RMF-6. Also a mixed use residential project (Plantation PUD) is located to the north and east. That portion of Plantation PUD adjacent to the subject site is developed with single family houses. That portion of Santa Barbara Landings adjacent to the subject site is retained as a conservation easement. East - To the east lies Wildwood Estat~ property, is family project. to the subject site is OCT 1 a 199; South-To the south the land is undeveloped and zoned "PUD" (Shoppes at Santa Barbara) and ('Neapolitan Park). The Shoppes at Santa Barbara is an approved commercial shopping center and Neapolitan Park is an approved mixed use multi-family and adult congregate living facility project. West- To the west is Santa Barbara Boulevard. Further west is the Berl~shire Lakes PUD developed with a mixed use residential and golf come communits.', The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro/Con: Evaluation not applicable. Summar)' Findings: The parcel is of a sufficient size that it will not result in an isolated dismct unrelated to adjacent and nearby districts because development of the land simply implements a part of the GMP FLUE Urban Designation. an action which is expected given that timing is appropriate. Availability of adequate infrastructure, nearby urban development support the timing relationship and justify, the conversion process of agricultural to an urban residential zoning district. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro/Con: Evaluation not applicable. Summar3.' Findings: The district boundaries are logically drawn. For all practical purposes this acuon will result in expanding the boundaries of similar residential zoning districts. Residential PUD's abut the property, on the north and east sides. Whether changed or changing conditions make the passage of the proposed amendment necessa~'. Pro/Con: Evaluation not applicable. SummaD' Findings: The proposed zoning change is appropriate based on the existing conditions of the property, and because its relationship to the FLUE (Future Land Use Element of the GM'P) is a positive one. OCT 1 3 1998 m Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: (i) Con: (i) The County's land use policy as reflected by the FLUE supports an action to allow urban residential development. Currently there are contiguous existing or planned residential developments. Urban Mixed-Use development may not coincide with resident's desire to maintain an existing undeveloped environment. Summary. Findings: The proposed change will not adversely influence living ~onditions in the neighborhood because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Whether the proposed change will create or excessively increase traffic congestion or create Wpes of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected Wpes of vehicular traffic, including activity, during construction phases of the development, or otherwise affect public safeD'. Pro: (i) Development of the subject property, is consistent xvith provisions of the Traffic Element of the GMP, therefore, traffic intensity should not adversely affect the comfort and safety of existing users on adjacent public roads (i.e. Sa~.ta Barbara Boulevard). (ii) (iii) Santa Barbara Boulevard is currently operating at a LOS "C" and is not projected to be deficient within the next five years. Urban intensification is cost effective. Con: Ii) As urban intensification increases, there is some loss of comfort and ease of travel to the motoring public. However, by law this degree of discomfort is regulated by concurrency requirements. Summary Findings: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent. by utilizing a phased development program, a statement advising that this project when developed will not excessively increase traffic congestion. Additionally certain traffic management system improvements are required as a condition of approval (i.e. mm lanes. traffic signals, dedications, etc.). In the final analysis all projects are subject to the Concurrency Management system. Approval of this project will not exceed the significance test standard (5°,/o of the LOS "C" design volume) on Santa Barbara Boulevard. OCT 1 3 1998 10. 11. Whether the proposed change will create a drainage problem: Pro: (i) Road improvements precipitated by this development and water management improvements to accommodate site development are designed to accommodate the normal drainage requirement. Con: Urban intensification potentially can heighten the occasion for area-v,'ide flooding under the more severe rainfall,event. Summary Findings: Every project approved in Collier County involving the utilization ~f land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. Ti'LiS project is designed to preserve and enhance a large part of the site which will take some of surface water runoff from developed areas. %'hether the proposed change svill seriously reduce light and air to adjacent areas: Pro/Con: Evaluation not applicable. Summary Findings: All projects in Collier County are subject to the development standards that are umque to the zoning district in whicfa it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. Whether the proposed change will adversely affect property values in the adjacent area; Pro: (i) Urban intensification typically increases the value of adjacent or underutilized land. Con: None. Summary Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject propen3.' that can affect property values. Property. valuation is affected by a host of factors including zoning, however z~ning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a proper'ts' is g/yen a new zoning designation may or may not affect value. However, this project is obviously directed at a mixed single family and multi-family market which should benefit adjacent property.. ~,Vhether 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. OCT I 3 1998 4 12. 13. 14. 15. SummaD' Findings: The basic premise underlying all of the development standards in the zomng division of the Land Development Code is that their sound application when combined with the adminisa-ative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement or development of adjacent property. 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: The proposed development complies with the Grow'th Management Plan. a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 'Whether there are substantial reasons ~vhy the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summary Findings: The subject property is zoned "A" Rural Agricultural. To deny this petmon would deprive the owner of any reasonable use of the property, consistent xvith the i~ GMP. Whether the change suggested is out of scale with the needs of the neighborhood or the CounD': Pro/Con: Evaluation not applicable. Summar?' Findings: The proposed development complies with the Growth Management Plan. a pohcy statement which has evaluated the scale, density and intensiv:' of land uses deemed to be acceptable for this site. Whether is it impossible to find other adequate sites in the Count).' for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. Summary Findinl~s: This site is zoned "A" Rural Agricultural. Whether or not there are other s~milarly zoned residential areas is irrelevant. 16. 17. The physical characteristics of the properD' 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. ProlCon: Evaluation not applicable. Summary Findings: ~[evelopment strategy. The site will be altered to the extent necessary to execute the ! 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. Sumrnarv Findings: Staff reviews for adequacy of public services and levels of service deterrmned that required infrastructure meets with GMP established relationships. NOTE: GMP as used herein means the Collier County Growth Management Plan. FLUE means the Future Land Use Element of the GM?. REZONE FINq3FNGS PUD-96-12;md No, ./7 ~ OCT 1 3 1998 PO. AGE1 N~. FINDINGS FOR PUD PUD-96-12 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: The suitabilit2,.. of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro__..i. (i) Intensififing land development pattems produces economics of scale relative to public utilities, facilities and services, which are currently available in this area. (ii) The extent that location choice is enhanced for residential environments within the urban area reduces the push on urban sprawl. (iii) The subject properts.' is sen'ed by a network of arterial roads, all of wh/ch are well within the urbanized area providing easy access to a host of community ser~'ices and facilities. ' ' (iv) Comprehensive multi-disciplined analysis supports the suitability of the land for the uses proposed. ' Con.___i (i) .-ks with all actions that intensify urban development patterns there is some o loss to travel time for users of the same arterial road system. .S. ummar-v Finding: Jurisdictional reviews by Cotmtv staff support the manner and pattern of development proposed for the subiect prol~err>.,. Development conditions contained in the PUD document give assurance that all infrastructure will be developed and be consistent with Count2,., regulations. Any inadequacies which require supplementing the PUD document will be recommended to the Board of Count2,.' Commissioners as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the Growth Management Plan. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as the), ma), relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. AGENDA_)T~ No ~ OCT 1 3 1998 Summary FindinG: Documents submitted with the application provide evidence of unified control. The pLrD document makes appropriate provisions for continuing operation and maintenance of common areas. ConformiD. of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Pro: (i') The development strategy for the subject properts.' is entirely consistent ~ith the goals, objectives and policies of the Growth Management Plan. Con: (i) None. Summarv Findini~: The subject petition has been found consistent with the goals. objectives and policies of the Grow'd~ Management Plan. A more detailed description of this conformi~, is addressed in the Staff Report. Additional Finding: The subject property, is designated Urban Mixed-Use - Urban Residential on the FLUE to the GMP. As such it authorizes zoning actions aimed at allowing the land to be used for urban residential purposes at the densi .ty proposed. This petition has been reviewed by the appropriate staff for compliance '~,ith the applicable elements of the Growth l~lanagement Plan, and ,,,,'as found to be consistent with all applicable elements. The internal and external compatibility, of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro/Con: Evaluation not applicable. Summary Findine: The PUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation. External relationships are automatically regulated by the Land Development Code to assure harmonious relationships between projects. The adequacy of usable open space areas in existence and as proposed to ser~'e the development. Pro/Con: Evaluation not applicable. Summary Finding: The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. ~G END&~TE~A ~G ~,p*qj~,E,,i~ 2 OCT i 3 1998 The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro/Con: Evaluation not applicable. Summary Findine: Timing or sequence of development in light of concurrency requirements is not a significant problem. See finding No. I, also applicable for this finding. The ability of the subject property, and of surrounding areas to accommodate expansion. .Pro/Con: Evaluation not applicable. Summary Finding: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the propert3.' relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report adopted by the CCPC. Relative to this petition, development of the subject property, is timely, because supporting infrastructure is available. ' Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. .Pro/Con: Evaluation not applicable. Summary' Findine: This finding essentially requires an evaluation of the extent to which development standards proposed for this pLrD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards used for particular housing structures and associated area requirements. FIN'DrNGS FOR PUD-96.12.'md COLLIER COUNTY APPLICATION FOR PUD REZONE P'"''~ '""':'--" V ~ ~.~ PETITION NO. P [' J) ~ 6 .-_~ ~O ' COOPd)INATING PLANNER: ~ ~, rye, ~ k DATE RECEIVED : ,~ v .... ao Applicant Name (A~ent): J. Oaz'v Butler. P.E. Butler En~neering. Inc. PI~,/.',~ $~.¥iC, ES Address: ,.223 Trade Center Way, Na01es, FL 34109 Phone:566-3636 Fax: 566-1327 Property. Owner (Petitioner) Name and Address: Royce O. Stallings. Jr. c/o B~tler En~neering, Inc.. 2223 Trade Center Way. Naples. FL 34109 Phone: 566-3636 Detailed Legal Description of Subject ProperLy Section 4__ TownshJp ,.,50S Range ,.,26E The ,N~' I/4 of the SW 1/4 of Section 4, Township 50S, Range 26E. Collier County, Florida less the westerly 60 feet thereof for Santa Barbara Blvd. ROW Properr)' Identification #. 0_03-99840007 Size of Properq,..' !256 Feet x 1396 Feet = aO 25 Acres Generai Location of Subject Property The Eastern side of Santa Barbara Boulevard, 1/4 ,mile Noah of Davis Bgulevard Adjacent Zoning a~d Land Use: ZONING N - RM]F-6 & Plantation PU'D S - Sho0pes of Santa Barbara PLrD & Neapolitan Park PId"D E - Wildwood Estates PUD W - Sa.Bta Barbara Blvd, ROW &' Berkshire Lakes PUD Ex/sting Zoning: LAND USE Multi-Family and Single-Farruty Vacant-Approved for Comm. & M/F Vacant-Approved for Cgmm Multi-Family 4-Lane Artedal Golf Course & Multi-F~'nily Proposed Land Use or Range of UseS: PUD fgr multi-family un/ts with possible church or adult living facility on ut) tO ;5.25 acres of the site. AGENDA ~T ILI~ OCT I 3 t998 property.: If so, give Does Property Owner own contiguous property, to the subject complete legal description of the entire contiguous property.: Has a public hearing for a rezone been held on this property within the past 12 months? yes, please write the rezone application number. No. If Is this property currently vacant? No. If the answer is no please describe the current land ise ~d all ~l~ting ~tructures. Orange ~rove aM fresh produce market. L Shgna td[ io£ ~etitioner Date * If >etitioner is a corporation other than a public corporations, so indicate and name officers and major stockholders ' If petitioner is a land trust, so indica, te and name beneficiaries ' If petitioner ~s a partnership, limited partnership or other business entitiv, so indicate and name principals - * If petitioner is a leasee, attach copy of lease, and indicate actual owners if not indicated on the lease * If pet,tioner is a contract purchaser, attach copy of contract, and indicate actual owner's name and address OCT 1 a 19,.98 LETTER OF AUTHORIZATION DATE: August I, 1996 PROJECT: BEMBRIDGE PUD NW ',4 OF SW '4, SECTION 4, TOWNSHIP 50 S, RANGE 26 E To Whom It May Concern: Please b~ ~Ivised that Butler Engineering, Inc. has been officially engaged to ae$ as agent in the rezone proce~ for the subject project. Signed in the presence of: Print ]game: The foregoing instrument was acknowledged before me by~."-~ t/O ¢_ ,/, ,~ .-P':t ,' ' ~'j F, is personally known to me and did not take an oath. ' ' ~ WITNESS my hand and official seal this ' - day of · He Notary Public No OCT 1 3 1998 'OFFICIAL SEAL* Debor~ L Gogerty ~X~fs,~n F,aim~, ~ O~ ~ to- BUTLER engineering [rlc. March 23, 1998 Collier County Planning Services 2800 North Horseshoe Ddve Naples, Florida 34104 Subject: BembHdge PUD - Royce O. Stallings Revocable Trust (rev 12/2/97) Dear BHan, 'I'his feller serves as conHrmation that Royce O. Stallings is the grantor, trustee and ~ '~ of the trust (copy attached) owning the subject property. Mr. StaJIing's assets are held m a revocable true, wl~ch will be distributed to others in the event of his death. The trus~ names a chain of'trustees and future beneficiarys, aJong with specific directions for disbursement, following the grantor's death. I trust that this letter and attached copy will answer the planning commission's questions. Sincerely, J'. ~utld~PE '~ 32,3 T KA C)C '/'CI-l::Tq-iOl~iE: Ig41! 544. 3434 HOOVER PLANNING SHOPPE Regoning~, PUD's. Site Planning, Affordable Hsg., Traffic Impact Stu&'es Conditional Usts. ROW Takings & Variances (in Collier & Lee Counties) July 27, 1996 M~. Bryan Milk Collier County Current Planning 2500 N. Horseshoe .Drive Naples, FL 34104 RE: Initial Submittal &the Bembridge PUD Application Dear Nfl'. Mil]k: The subject property, is 40.25 acres in size and is located on the Eastern side of Santa Barbara Boulevard. approximately 1/4 mile north of Davis Boulevard. Currently, this acreage is being utilized as an orange grove and a fi'esr produce stand under Agricultural rezoning. The site is proposed for a moderate density multi-family project of 7 units/acre with numerous recreational facilities., A 5 to 5.25 acre section, (Tract B) located at the veD' south,'est comer of the project, is also proposed for 2 possible alternative uses: a church facili~' v,'ith up to 10,000 square feet of buildings or a nursing home with up to 26 beds per acre Ii'the entire site is developed as a residential project a maximum of 281 residential units would be constructed. To ensure that the proposed project will be an aesthetic, high quality development that rill be an asset to the Greater Naples Area our PUD Document requires strict developmental standards, which include: 1) A common architeeniral theme and use of colors for all buildings, signage, and streetscape materials within the entire PUD. 2) A minimum seventy foot setback for s~ructures along Santa Barbara Blvd. 3) If'any 3 story structures are conxm~cted on the site, they would be setback a minimum of 150 feet fi.om Santa Barbara Blvd. and 300 fee~ fi.om the Northern PUD boundary, where it abuts the Plantation PUD. 4) Any church or nursing home would only be constructed in Trac~ B, which is adjacent to the Commercial Activity Center and Santa Barbara Blvd. 5) A substantial minimum floor area has been provided for each type ofunit. Important in the review of any rezoning application is a determination of compatibility regarding the proposed project with surrounding land uses and densities (see attached map). To the North and Northwest is a natural preserve area about 400 feet in depth that is located on the southern part oft. he Santa Barbara Landings. Santa Barbara Landings is a multi-family project developed at a density of about 6 tm.its/acre. To the Northeast is the Plantation PUD with a single-family and multi-family mix of units. Their overall density is approved for $ units/acre and the multi-family units are constructed in the vicinity of I2 units/acre. Abutting along our entire Eastern approved at 12 units/acre. To the South and S[ boundary is the Wild,;, OCT 1 3 1998 Zone 941-$94..8262 -. :-z: Mr. Bryan l~Ik July 27, 1996 Page 2 is approved for commercial uses and residential units at g units/acre. Abutting to the South and Southwest is the Santa Barbara PUD which is approved for commercial uses. It should be noted that the Neapolitan Park PUD and Santa Barbara PUD are within the Activiw Center. Santa Barbara Blvd. is adjacent to th~ West and further to the West is the Countryside PUD. The Countryside PUD, in the immediate vicinity of the subjec~ property, is developed primarily with a golf course and lakes adjacent to Santa Barbara Blvd., and multi-family units further to the West. All ofthe properties described above are within the Residential'Density Band around the Activity Center at Santa Barbara Blvd. and Davis Blvd. Intersection In my opinion as a professional ia,nd planner the proposed PUD is easily compatible with surrounding densities and land uses. To the Northeast the proposed project does abut the rear of 6 single-family homes within the Plantation PUD. However since that PUD also has multi-f, xmilv units developed in tracts at 12 units/acre and we would be adding a 2nd buffer between the projects, our project will be compatible with those homes. If the Count}. staff members have any suggestions on improving ti-tis project feel welcome to contact Gar5., Butler at 566-3636 or me at 594,-8262. Sincerely, HOOVER PLANNING SHOPPE W'dliam L. Hoover, AICP Enclosure File #121-A2.0 AGE~Oi OCT 1 3 1998 i 9 :0 :1 :7 AN ¢~DINANCE A?,ENDI:;C, ORDINANCE NUMBER .::-:C2 THE THE UNiNCORPO~TED AREA CF COLLIER COUNTY, FLCRiiA BY ~MENDING THE OFFICIAL 2ONING AT~S :.L%P NUMBEF. 0604S: BY CHANGING THE ZONING C~SSiFiCATIC:: THE HEREIN DESCRIBED FEAL ~FOPERTY F~CM "A "PUD" F~NNED U:~T ~EVELCPMENT ~:NOWN AS PUD FSR A ~ESIZENTIAL DEVELOPMENT, iNCLUDiNG A CHURCH FACILITY CRA 5~URSING HOME CN T~ACT FOR ~FOPERTY LOCATED ON THE EAST SiDE CF SANTA 5ARSA~A ~CULEVARD, APPROXiV~TELY h MILE NORTH 2AVi2 BSULEVA~Z, FURTHER ZESCRIBED AS THE NORTHWEST h OF THE SOUTHWEST 1/4, T~WNSHiP 5C SOUTH, FANGE 26 EAST, CTLLiER TTUNTY, FL3R~ZA, i~NSiSTiNG CF ~9.82 ACRES: AND 25 r. erel~ ~escrlre= *~a~ ~r~=~ :s ::OW, THEREFORE RE '- 5RDAiNE2 ky ....... e ....... :, ~rooert'.' lc~a%ez ~n Section 4, T~wnsnlU ............ .., :-~rlsa, ~z change= fr:m "A" ~: "~._" Fianme: here~n. The ''~~'al Z:nlng Atlas MaD Number ..... . iode, ~.here=y amen=e~ accor=ingly. SECTiC:; TWO: 2epartment :: Sta~e. %C 42 44 OOT 1 3 1998 Po .F/ PASSED At;D 2ULY ADOPT£3 by =he Boara cf Court=? Cc=~[ss=cne=sI cf C~ll~er CounT,/, Flor:~a, :his day cf '998. BOARD OF COUNTY CCM~IS$1CNER5 COLL~£R COUNTY, FLORIDA ATTEST: hWlGHT E. BROCK, BY: BARBARA B. BERRY, C~alrman Apprcve~ as =c Form Legal .... c:ency · %ss:s'.an= Coun:y A==crne? OCT 1 3 1998 BEMBRIDGE PUD PLANNED UNIT DEVELOPMENT PREPARED FOR: ROYCE O. STALLINGS, JR. C/O BUTLER ENGINEERING, INC. 2223 TRADE CENTER WAY NAPLES, FL 34109 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING SHOPPE 2223 TRADE CENTER WAY NAPLES, FL 34109 and J. GARY BUTLER, P.E. BUTLER ENGINEERING, INC. 2223 TRADE CENTER WAY NAPLES, FL 341 09 DATE RE'V1S ED DATE RE'VIEWED BY CCF:'C DATE APPROVED BY BCC ORDINANCE NUMBER March AGEh NO A TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I SECTION II SECTION III SECTION IV PROPERTY OWNERSHIP AND DESCRIPTION DEVELOPMENT REQUIREMENTS DEVELOPMENT STANDARDS DEVELOPMENT COMMITMENTS pAGE i ii 1 2 4.6 7-11 12- 14 AGE NDJ~ ITJ~ OCT 1 3 1998 LIST OF EXHIBITS EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F PUD MASTER PLAN/WATER MANAGEMENT PLAN VICINITY MAP SERVICES AND SHOPPING FACILITIES MAP AERIAL PHOTOGRAPH/FLUCCS MAP SOILS MAP TOPOGRAPHIC MAP OCT 1 3 7998 STATEMENT OF COMPLIANCE The development of approximately 39.82 acres of property in Collier County, as a Planned Unit Development to be known as Bembridge PUD will be in compliance with the planning goaJs &nd objectives of Collier County as set forth in the Collier County Growth Management Plan. The residentiaJ and possible quasi-residentiaJ facilities of the Bembridge PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1..The subject property is within the Urban Residential Mixed Use District Land Use Designation as identified on the Future Land Use Map. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. 3. The project development is compatible and complementary to ex~sting and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code. as set forth in Objective 3 of the Future Land Use Element The project development will result in an efficient and economical allocabon of community facilihes and services as required in Policies 3.1.H and 3.1.L of the Future Land Use Element. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objectwe 1.5 of the Drainage Sub-Element of the Public Facilities Element. The projected density of 70 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based on the follow~ng relationships to required criteria: Base Density Residential Density Band Ma, x~mum Permitted Density +4 dwelling un,ts/acre dwelling units/acre dwelling units/acre All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. OCT i 3 1998 SECTION I - PROPERTY OWNERSHIP AND DESCRIPTION The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Bembridge PUD. 1.2 _LEGAL DESCRiPTiON The subject property being 39.82 acres, and located in Section 4, Township 50 South, and Range 26 East, is described as: The Northwest 1/4 of the Southwest 1/4 of Section 4, Township 50 South, Range 26 East, less the Westerly 60 feet thereof for Santa Barbara Boulevard right-of- way, of Collier County, Florida, less the Southerly 30 feet of the Westerly 597.24 feet thereof for a proposed future joint access way. 1.3 pROPERTY OWNERSHIP The subject property is owned by: Royce O. Stallings, Jr. C/O Butler Engineering, Inc. 2223 Trade Center Way Naples, Florida 34109 1.4 GENERAL DESCRIPTION OF PROPERTY AREA Ao The subject property is located on the eastern side o[ Santa Barbara Boulevard, 1/4 mile north of Davis Boulevard (unincorporated Collier County), Florida. B. The entire project site currently has AgriculturaJ Zoning and is proposed to be rezoned to PUD. OCT ] 3 1998 1.5 1.6 17 PHYSICAL DESCRIPTION The project site is located within the Lely Canal sub-basin. Runoff from the site is routed to the Davis Boulevard swale via ~n improved easement along the eastern boundary of the Shoppes at Santa Barbara PUD, and then southerly from the Davis Boulevard swale system along County Barn Road, around Royal Wood to a canal which is tied to the Lely Canal. The current permitted pumped discharge will be replaced by a system of interconnected lakes designed for water quality treatment and runoff attenuation to pre-development rates. Elevations within the project area range from 9.5 to 10.5 NGVD. The site is within Flood Zone 'X" per FIRM panel 120067 0415. The Collier County soils maps describe the site as Boca fine s,'~nd an,2 Pineda fine sand. The site is currently in citrus production. PROJECT DESCRIPTION The Bembridge PUD ~s a residential project with a maximum of 279 dwelhng units, Depending on market conditions, a nursing home or a church with up to 10.000 square feet and 600 seats may be constructed on tract B (5 acres) That area utilized shall be subtracted from the gross project area for the purposes of computing dens~ty. Recreational facilities will be provided in conjunction w~th the dwethng un,ts Residential land uses, recreational uses. and s~gnage are designed to be very harmonious with one another in a natural setting by using common architecture, appropriate screening/buffering, and native vegetation. whenever feasible. SHORT TITLE Th~s Ordinance shall be known and cited as the "Bembridge Planned Unit Development Ordinance". SECTION II - DEVELOPMENT REQUIREMENTS 2.1 pURPOSE The purpose of this Section is to delineate and generaJly describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 _GENERAL A. Regulations for development of Bembridge PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District, and other applicable sections and parts of the Collier County Lar,d Development Code and Growth Management Plan in effect at the time of issuance of any, development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat. Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide developmenl sta,qdards, the provisions of the most similar district in the County Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of Bembridge shall become part of the regulations. which govern the manner in which the PUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from ar~¥ other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. E. Development permitled by the approval of this petition, will be subject to a concurrency review under the provisions of Division 3.15 Adequate Pubhc Facilities of the Collier County Land Development Code, at the earliest, or next to occur of either, Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. NO. ~ 7998 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES 2.4 2.5 A. General configuration of the land uses is illustrated graphically by Exhibit "A", PUD Master Plan. Minor modifications to Exhibit 'A' may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. Co In addition to the various areas and specific items shown in Exhibit "A", easements such as (utility, private, semi-public, etc.) shall be established within or along the tracts as may be necessary. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES A maximum of 279 dwelling units shall be constructed in the residential port,on of the project area. If a nursing home or church is constructed in Tract B, that a;ea utilized (up to 5.0 acres in size) shall be subtracted from the gross project area for the purposes of computing density. The gross project area is 39 82 acres. The Gross project density shall be a maximum of 7.0 units per acre. RELATED PROJECT PLAN APPROVAL REQUIREMENTS Exhibit '%", PUD Master Plan, constitutes the required PUD Development Plan. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 3.2 Subdivisions of the Land Development Code, and the platting laws of the State of Florida. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. C Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and the methodology for prowding perpetual maintenance of common facilities. OCT ]. 3 1998 2.6" MODEL UNITS AND SALES FACILITIES In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 2.6.33 of the Collier County Land Development Code. B. Temporary sales trailers/modular offices can be placed on the site after Preliminary Site Development Plan approval a~d prior to the recording of plats subject to the other requirements of Section 2.6.33 of the Land Development Code. 2.7 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of e&rthen material and its stock piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. Off-site disposal is also hereby permitted subject to the following conditions. Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the Land Development Code, whereby off-site removal shall be limited to 10% of the total volume excavated but not to exceed 20,000 cubic yards B. All other provisions of Division 3.5 Excavation of the Land Development Code shall apply. Co Upon review and approval of a Commercial Excavation Permit as described in Division 3.5 of the Land Development Code, commercial excavation activities are allowed. This off-site removal shall meet any conditions placed upon approval of the Commercial Excavation Permit. 2.8 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3 5 of the Land Development Code. I OCT 1 3 1998 Pa. '¢'/ .- SECTION III - DEVELOPMENT STANDARDS 3.1 PURPOSE The purpose of this Section is to identify specific development standards for Tracts A and B as shown on Exhibit 'A', PUD Master Plan. 3.2 MAXIMUM DWELUNG UNITS The maximum number of residentiaJ dwelling units within the PUD shall be 279 units. 3.3 PERMITTED USES No building, structure or part thereof, shaJl be erected, altered or used, or land used, in whole or part, for other than the following: A. Permittecl Principal Uses and Structures: 1. One-family and two-family dwellings (on land under common ownership). 2. Townhouse dwellings. 3. Garden apartment dwellings. 4. Multi-family dwellings. Group care facilities (group I or II) or nursing homes within Tract 'B' shaJl be subject to Section 2.6.26 of the La.nd Development Code. 6. Churches within Tract "B" only and limited to a maximum of 10,000 square feet and a maximum of 600 seats. 7. Interim agricultural and related uses, up until the time construction commences for the residentiaJ uses. 8. Any other uses deemed comparable in nature by the Planning Services Manager. OCT 1 3 1998 3.4 B. permitted Accessory Uses and Structures: 1. Customary, accessory uses and structures including carports, garages, and utility buildings. 2. Rec4'eational uses and facilities including swimming pools, tennis courts, children's' playground ~ees, tot lots, boat docks, waJking paths, picnic areas, recreation buildings/clubhouses, and basketball/shuffle board courts. 3. Manager's residences and offices, temporary sales facilities and model units/homes. 4. Water management facilities and lakes. 5. Essential services, including interim and permanent utility and maintenance facilities. 6. Gatehouse, 7. Parsonage in Tract "B', and in conjunction with a church only. 8. Any other accessory use deemed comparable in nature by tr~e Planning Services Manager. DEVELOPMENT STANDARDR A. Minimum Yards: 1. Principal structures: (a) Yards Along Santa Barbara Boulevard - Seventy (70) feet for one (1) and two (2) story structures and one hundred fifty (150) feet for three (3) story structures. (b) Yards Along the Northern PUD Boundaries . Twenty-five (25) feet for one (1) story structures, forty (40) feet for two (2) story structures, and three hundred (300) feet for three (3) story structures. (c) Yards Along the Eastern and Southern PUD Boundaries Twenty-five (25) feet. OCT 1 3 1998 (d) Yards Along the Boundary between Tracts "A" and "B' - Fifteen (15) feet for residential units and one (1) foot for each foot of height for any nursing homes or church facilities developed on Tract 'B'. Not applicsble if Tract B is utilized for residential units. (e) Yards from on-site lakes - Twenty (20) feet. (0 Yards for internal tracts resulting from subdivision of the PUD: Front - 30 feet or I/2 the building heigl~t Side - 20 feet Rear . 20 feet 2. Accessory Structures: (a) Carports and garages, (b) Setbacks shall be as required by Division 2.6.2 of the Land Development Code in effect at time of building permit application, B. Distance Between Principal Structures: 1. Between one (1) story structures - Ten (10) feet. 2. Between one (1) story and two (2) story structures - Fifteen (15) feet. 3. Between one (1) story &nd three (3) story structures - Twenty (20) feet. 4. Between two (2) story structures - Twenty (20) feet. 5.Between two (2) story &nd three (3) story structures - Twenty-five (25) feet. 6. Between three (3) story structures - Thirty (30) feet, C. Minimum Floor Area Iresidential units): 1. One bedroom units - Six hundred (600) square feet. 2. Two bedroom units - Eight hundred fifty (850) square feet. 3. Three bedroom units - Eleven hund, d~"'8~~ %/_1 n hr3 ¢) ",I3/1QQQ I OCT ]. 3 1998 4. Four bedroom units - Fifteen hundred (1350) square feet. D. Maximum Hei.qht: Forty (40) feet or three (3) stories, whichever is the most restrictive. Church steeples and crosses may exceed this height limit. E. Off-Street Parkinq and Loadinq Requirements: As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. F. Open Space Requirements: A minimum of sixty (60) percent open space, es described in Section 2.6.32 of the Land Development Code. G. Landscapinq and Bufferinq Requirements: A Type 'B" buffer (LDC 2.4) shall be provided along the Northern, Eastern and Southern PUD Boundaries exclusive of the area abutting the natural preserve area of the Santa Barbara Landings development where no buffer shall be required. A Type 'D" buffer (LDC 2.4) shaJl be provided along Santa Barbara Boulevard. InternaJ buffers for tracts resulting from the subdivision of the PUD shall be in accordance with Division 2.4 of the Collier County Land Development Code. H. Architectural Standards All buildings, signage, landscaping and visible architectural infrastructure shaJl be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and fences/walls to be erected on the entire subject parcel. Landscaping and streetscape materials shall also be similar in design throughout the subject site. A conceptual design master plan shall be submitted concurrent with the first application for Site Development Plan approval demonstrating compliance with these standards. lO .o ~ OCT 1 3 1998 Siqns Signs shall be permitted as e. llowed within Division 2.5 of the Collier County Lend Development Code. Signage shall also meet the architectural star~dards further described in Section 3.4H. of this PUD Document. II No ~ O~T i ~ APR SECTION IV - DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. 4.2 GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assignee shall agree to follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, the developer will agree to convey to any successor or assignee in title any commitments w~thin this agreement. 4 3 PUD MASTER PLAN Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code. amendments may be made from time to time. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. SCHEDULE OF DEVELOPMENT/MONITORING REPORT A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. OCT I 3 1998 4,5 4.6 4.7 4.8¸ A. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7,3,4 of the Land Development Code, B. Monitorin~ An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. ENGINEERING A. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. Bo Design and construction of ail improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 3.2. WATER MANAGEMENT A. A copy of the South Florida Water Management District (SFWMD) permit shall be provided prior to the issuance of any excavation permits. UTILITIES A. Avall~bility letters and construction plan approval from Collier County Utilities shRll be provided prior to Final Subdivision Plat or Site Development Plan approval. TRAFFIC A. The developer shall install arterial level street lighting at all project access points prior to the granting of any Certificates of Occupancy for the project. Bo The developer agrees to dedicate an additional forty feet of Right.of-Way along Santa Barbara Boulevard within 120 days of written request by the County in fair exchange for transportation impact fee credits at the current market value excluding any increase in value due to the approval of change in zoning classification, subject to approval of the Board of County Commissioners in conjunction with the execution of a Developer Contribution Agreement, Access, including a median opening in Santa Barbara Boulevard, shaJl be consistent with the County's Access Management Policy then in effect at such time as this zoning is granted. The County reserves the right to control 13 00T 3 1998 4.9 4.10 access, including median modifications, as may be necessary to preserve safe operational conditions and to preserve roadway capacity. Substantial competent evidence shall be provided by the developer to the effect that the project is designed to provide capacity and treatment for historicaJ roadway runoff. In addition, site drainage shall not be permitted to discharge directly into any roadway drainage system. This may be accomplished by the submission of a routing analysis and routing capacity study. The developer shall be responsible for a 'fair share" contribution towards the cost of any traffic signal upgrades necessitated by this project at the following intersections Services: Santa Barbara Boulevard / Davis Boulevard Santa Barbara Boulevard / Radio Road In addition, the developer shall provide a "fair share" contribution for any traffic signal system found to be warranted in the future at any project entrance. Any such signal shall be owned, operated and maintained by the County. It shall be the County's sole determination as to whether any such signal is warranted. Interconnection with adjacent parcels is not applicable, with the exception of an existing joint access agreement with the Santa Barbara Shoppes PUD and the Neapolitan Park PUD. PLANNING Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. ENVIRONMENTAL A. An appropriate portion of native vegetation shall be retained on site as required in section 3.9.5.5.4 of the Collier County Land Development Code. B. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on areas of retained native vegetation, shall be TRACT A R£S/OgN ~7,~L AR~A 15' T'f~'C B euryT:~ E,¥HIBI? A - MA~TER PLAN AG E ND6. tTEJ,~ OCT 1 3 1~98 RADI LEAWOOD LAKES IV ROAD (C.R. 856) BRETONNE PARK BERKSHIRE ': LAKES .~ PROJECT SHOPPES AT SAN TA I BARBARA HERON T'WEL~ LAKES :S S~AMROCK COUNTRY CLUB '" ?1% AGENOA ITEM EXHIBIT "C" SERVICE(.; AND SHOPPING FACILITIES MAP -i N w ~....~_~ r 0 ! 5 , Mdc . t, :OVI RNM['N I'AL f'ACII. I II[ !, Golden Gate Connn'~untty Por~' Golden Cote ttbrory ~ mergency Medic, .~.~ :,. ~',,' ,'olhel t'ounly ~, !.:\1111~1 ! I" = 200' NORTll 0 200 .:'~ [JOCA r' 5 .J 14 PlNEDA F. 5. 21 BO~, ~ F S ..... ti 657.24 AGE NO. 0.4 N o ~oo ~0.3 /i~ E · ' I I0.2 10.4 10.5 9.8 97 10.7 9¸b 10.8 10.7 /' ' 83 OCT 1 3 1998