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Agenda 02/25/2003 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONER-~ CLERK TO BOARD 4TM FLOOR FP:3 [ND: I CV:0 AGENDA February 25, 2003 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1 February 25, 2003 INVOCATION AND PLEDGE OF ALLEGIANCE A. Minister Paul Jarrett, Naples Church of Christ AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. Parte Disclosure provided by Commission members for summary agenda.) B. January 28, 2003 - BCC Regular Meeting (Ex C. January 29, 2003 - BCCISign Ordinance Workshop SERVICE AWARDS PROCLAMATIONS Proclamation to recognize Holland T. Salley for his steadfast commitment to changing and enriching lives through Education. Also present, but not accepting, will be Klm Long, President of the Edison Community College Foundation. Proclamation to recognize the importance of community awareness of the Emergency Planning and Community Right-to-Know Act. To be accepted by Ken Pineau, Director of Collier County Emergency Management. C. Proclamation to designate February 25, 2003 as Children's Day in Collier County. To be accepted by Clay Cone. Proclamation to acknowledge and thank the volunteers of the Veteran's Transportation Program. To be accepted by James H. Elson, President of the Collier County Veterans Council. Em Proclamation to acknowledge the South Florida Chapter of Multiple Sclerosis for their efforts to improve the lives of Collier County Residents that are coping with this disease. To be accepted by Karen Dresback, President of the South Florida Chapter for Multiple Sclerosis. 2 February 25, 2003 PRESENTATIONS PUBLIC PETITIONS A. Public Petition Request by Mr. Michael T. Hoyt, Gulf Harbor Moorings Inc., to discuss a Quit Claim Deed to remove the "Public" Language from Property Deed. B. Public Petition Request by Mr. Thomas L. Baker to discuss Code Enforcement as it relates to C5 Industrial in J&C Industrial Park. C. Public Petition Request by Ms. Melanie Beebe to discuss Waiving Variance Fees at 245 22nd Avenue NE. 7. BOARD OF ZONING APPEALS Ao ADA-2002-AR-3455, Timothy W. Ferguson, P.A., representing Naples Seventh Day Adventists Church, requesting an Administrative Appeal to official interpretation INTP-2002-AR-2910 concerning the Commercial Inflll Provision of the Collier County Growth Management Plan, Future Land Use Element. 8. ADVERTISED PUBLIC HEARINGS This item to be heard at 1:10 p.m. Adopt a Resolution amending the Water and Sewer Impact Fee Rate Schedule, which is Schedule Two of Appendix A of Chapter 74 of the Collier County Code of Law and Ordinances, the same being the Collier County Consolidated Impact Fee Ordinance. Bo This item to be heard at 1:10 p.m. Adopt a Resolution amending the Water, Sewer, Fire Meter and Surcharge Rates, which is Schedule One of Appendix A to Section Four of the Collier County Ordinance No. 2001-73, titled the Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance. This item to be heard at 1:10 p.m. Adopt a Resolution amending the Miscellaneous Fees for Services, which is Schedule Six of Appendix A to Section Four of the Collier County Ordinance No. 2001-73, titled the Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance. 3 February 25, 2003 This item to be heard at t:10 p.m. Adopt a Resolution amending the Meter Installation Charges (Tapping Fees) and Backflow Device Charges, which is Schedule Four of Appendix A to Section Four of the Collier County Ordinance No. 2001-73, titled the Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance. Adoption of an Ordinance amending Section 126-83 of the Collier County Code of Laws and Ordinances, also cited as Ordinance No. 92-60, as amended, concerning the expanded use of Category "B" (Advertising/Promotion) Tourist Development Tax Revenues to include the funding of Convention Centers, Tourist Bureaus and Tourist Information Centers as County Agencies, as recommended by the Tourist Development Council. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDZ-01-AR-1842, Dwight Nadeau of RWA, Inc., representing Thomas G. Eckerty, Trustee for the 1-75 Land Trust, requesting a rezone from "A" Rural Agricultural, RSF-4, RMF-6, RMS-12, and C-4 to PUD, Planned Unit Development to be known as the East Gateway PUD allowing for Commercial Uses for property located on the South side of 1-75, North of Davis Boulevard (CR 84) and approximately one quarter mile West of Collier Boulevard (CR 951) in Section 34, Township 49 South, Range 26 East, Collier County, Florida. This item to be heard at 10:00 a.m. Adoption of an Ordinance authorizing the Issuance of Revenue Bonds payable from various Gas Tax Revenues of the County for the principal purposes of acquiring and constructing various Transportation-Related Capital Improvements and refunding certain outstanding indebtedness of the County; providing for various rights and remedies of the bondholders; providing that the bonds authorized hereunder will not create a general debt or obligation of the County; and providing an effective date. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Golden Gate Estates Land Trust Committee. B. Discussion regarding rush hour dump-truck traffic on Oil Well and Immokalee Roads. (Commissioner Coletta) 4 February 25, 2003 10. COUNTY MANAGER'S REPORT A. This item to be heard at 1:00 p.m. Adopt the 2002 Collier County Water Master Plan Update, Project 70070. (Jim DeLony, Administrator, Public Utilities) This item to be heard at 1:00 p.m. Adopt the 2002 Collier County Wastewater Master Plan Update, Project 73066. (Jim DeLony, Administrator, Public Utilities) Approve an Interim Interlocal Agreement with the Collier County School Board for coordinated land use and school planning as required by Chapter 2003- 296 Laws of Florida. (Joe Schmitt, Administrator, Community Development) Approve a Resolution to authorize the Collier Mosquito Control District to expand boundaries into Immokalee. (John Dunnuck, Administrator, Public Services) E. Provide a report regarding water quality of wells in Golden Gate City. (Dr. Colfer, Collier County Health Department) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS A. This item continued from the February 11~ 2003 BCC Meetin~l. Discussion regarding construction of the North County Library and the expansion of the North County Wastewater Reclamation Facility. 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 5 February 25, 2003 1) 2) 3) 4) Petition CARNY-2003-AR-3726, Mr. H.B. "Benny" Starling, Jr., President, Immokalee Chamber of Commerce, requesting a Permit to conduct a Fair from February 26th through March 9t~, 2003, at t10 North Ist Street and East Main Street (S.R. 29) in Immokalee. Request to submit a Grant Application for $200,000 under the Florida Economic Development Transportation Fund Program on behalf of March Performance, pursuant to s.288.106, Florida Statutes; and providing administrative support as local participation in the program. Approve an Agreement to accept an Artificial Reef Grant from the Florida Fish and Wildlife Conservation Committee. Approve FY03104 Tourist Development Grant Application Forms for Category "B" (Special Events) and Category "C" (Museums), as recommended by the Tourist Development Council. 5) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plats of "Pelican Marsh Unit Three (Phases One and Two)". 6) Final acceptance of water utility facilities for Vista Gardens. 7) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Carlton Lakes Unit No. 1". 8) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Carlton Lakes Unit No. 2". 9) Recommendation to authorize the Community Development and Environmental Services Division to enter into contract negotiations with the Bureau of Surveying and Mapping of the Florida Department of Environmental Protection to have Second Order Vertical Control established through Golden Gate Estates, to support the Flood Insurance Rate Maps (FIRM) Restudy and Appeal. 1o) Approval of an Interlocal Agreement between Collier County Board of County Commissioners and the City of Naples to administer contracts with Tomasello Consulting Engineers, Inc., for engineering services related to Flood Insurance Rate Maps (FIRM) Restudy and Appeal. B. TRANSPORTATION SERVICES 1) Request Board approval for the Landscape Maintenance Agreement with Keith Basik and Jeffrey Basik, Principals of Naples Big Cypress, Inc., for the future landscaping and maintenance on Basik Drive. 2) Approve Bid #02-3365, "SR45-US 41 Tamiami Trail North Phase II Streetscape Beautification Project" and award to Vila and Son Landscaping Corporation in the amount of $253,925.84. 6 February 25, 2003 3) 4) 5) Approve a Change Order with Better Roads Inc., for median modifications on Davis Boulevard in the amount of $16,740 from Project 60016. Approve funding in the amount of $116,951 for design and engineering, acquisition of permits, funding strategy and remaining half of project coordination to Woods Hole Group for the Haldeman Creek Basin Restoration (A.K.A. Dredging) Project, Contract No. 01-3216, Project Number 51011. Approve a budget amendment to move $80,703 from the Transportation Maintenance Road & Bridge Operating appropriations into the Capital appropriations to purchase a tractor previously approved by the Board of County Commissioners. C. PUBLIC UTILITIES 1) 2) 3) 4) Approve TDC Category "A" Grant Application Form. Approve Resolution supporting continued State funding of Coastal Projects. Approve Amendment No. 2, Second Extension to the Agreement No. HW465 with the Florida Department of Environmental Protection for Electronics Recycling. Authorize the execution of a Work Order No. UC-016 (Exhibit A) under Contract 02-3345 - Annual Contract for underground construction for relocation work in the amount of $861,421.50 to Cross Country Pipe and Rail Inc., DBA/Cross Country Underground Inc., for the relocation of a 16" water main and a 16" reclaimed water line. 5) Award Annual Contracts to selected firms for Trenchless Sewer System Rehabilitation Contracting Services per Bid 03-3455, Project 73050. 6) Accept three Grant Agreements from the South Florida Water Management District in the total amount of $150,000. D. PUBLIC SERVICES 1) Approve the Chairman to sign a Training Affiliation Agreement between Collier County and the Cleveland Clinic Hospital. 2) Award of Bid ~ff)2-3433 for the purchase of EMS uniforms to RSVP Ltd., Inc., for the Emergency Medical Services Department in the estimated annual amount of $95,000. 3) Award Contract #02-3420 "Veterinary Supplies" to the following firms: Burnes Veterinary Supply, FL Dodge Animal Health Services, Merritt Veterinary Supply, Schering-Plough, Inc., Suncoast Surgical Supply, Inc., 7 February 25, 2003 4) Webster Veterinary Supply, Bayer Corporation, Merial Limited USA, Novartis, Inc., Pfizer Animal Health (Estimated annual amount of total contract for ail firms $53,900.) Approval to award Contract #02-3393 to Sparks Exhibits and Environments, Inc., to design, fabricate and install educational exhibits at the Collier County Museum. E. ADMINISTRATIVE SERVICES l) Approve Award of Bid #03-3475 for Temporary Laborers for Collier County to Able Body Labor as Primary Vendor and Tandem Staffing and Manpower of Naples as Secondary Vendors. 2) Award a Contract for Architectural Services in the amount of $500,000 for the design of the new Fleet Facility, RFP #02-3422. 3) Recommendation to declare certain County-Owned Property as Surplus and authorize a sale of the Surplus Property on March 15, 2003. 4) Approval to Award Bid #03-3472 in the amount of $65,000 for "Exterior Pressure Steam Cleaning" to Precision Cleaning, Inc. F. COUNTY MANAGER l) Approve a Budget Amendment to recognize and appropriate revenue of $27,491 from Isles of Capri Fire Control District Impact Fees for equipment expenditures necessitated by new growth. 2) Approval to extend the lease agreement between Collier County and Gulf Shore Associates, Limited Partnership, for Pelican Bay Services Division Offices at a first year's annual rent that will not exceed $24,392. 3) Adoption of a Resolution of the Board of County Commissioners of Collier County, Florida authorizing the issuance by Collier County, Florida of $120,000,000 in aggregate principal amount of Collier County, Florida Gas Tax Revenue Bonds, Series 2003 in order to provide funds for the principal purposes of financing the costs of various transportation improvements within the County and refinancing certain indebtedness; pledging the money's received by the County from the herein described Gas Tax Revenues to secure payment and interest on said bonds; providing for the rights of the holders of said bonds; providing for certain additional matters in respect to said bonds; and providing for an effective date for this Resolution. G. AIRPORT AUTHORITY 8 February 25, 2003 H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Items to file for record with action as directed. OTHER CONSTITUTIONAL OFFICERS COUNTY ATTORNEY 1) 2) 3) 4) Authorize the Making of an Offer of Judgment to Respondent Jeffrey A. Richardson for the fee taking of Parcel No. 198 in the amount of $6,300 in the Lawsuit Styled Collier County v. Jeffrey A. Richardson, et al, Case No. 02-2188-CA (Immokalee Road Project #60018). Authorize the Making of an Offer of Judgment to Respondents Jimmie L. Rogers and Betty L. Rogers for the fee taking of Parcel No. 200 in the amount of $69,000 in the Lawsuit Styled Collier County v. Jeffrey A. Richardson, et al, Case No. 02-2188-CA (Immokalee Road Project #60018). Approve the Agreed Order awarding expert fees relative to the Lawsuit Acquisition of Parcels 167, 767, 867A and 867B in the Lawsuit entitled Collier County v. Wallace L. Lewis, Jr., et al, Case No. 01-071t-CA (Livingston Road, Project No. 60071). Authorize the Making of an Offer of Judgment to Respondents Steven V. Ciardullo and Deborah K. Ciardullo, for the fee taking of Parcel No. 197 in the amount of $6,300 in the Lawsuit styled Collier County v. Robert W. Pieplow, et ux, et al, Case No. 02-2133-CA (Immokalee Road Project #60018). 5) Authorize the Making of an Offer of Judgment to Respondents Lawrence A. Krahn, Jr. and Dee Ann L. Krahn, as Trustees under Declaration of Trust dated January 31, 1991, designated as Trust No. 001, for the fee taking of Parcel No. 195 in the amount of $6,300 in the Lawsuit styled Collier County v. Robert W. Pieplow, et ux, et al, Case No. 02-2133-CA (Immokalee Road Project #60018). 6) Authorize the Making of an Offer of Judgment to Respondent Madge Green for the fee taking of Parcel No. 214 in the amount of $3,300 in the Lawsuit styled Collier County v. Efrain Arce, et al, Case No. 02-2119-CA (Immokalee Road Project ~60018). 7) Authorize the Making of an Offer of Judgment to Respondents Darryl J. Damico and Brad T. Damico for the fee taking of Parcel No. 218 in the amount of $3,300 in the Lawsuit styled Collier County v. Cary B. Collins, et al, Case No. 02-2134-CA (Immokalee Road Project #60018). 8) Approve the Stipulated Final Judgment relative to the fee simple acquisition of Parcel 1t0C, the acquisition of a perpetual, non-exclusive slope and utility easement of Parcel 510C, and a temporary construction 9 February 25, 2003 9) easement for Parcel 710, in the Lawsuit styled Collier County v. G-4 Partnership, et al, (Goodlette-Frank Road, Project No. 60134). Request by the Collier County Health Facilities Authority for approval of a resolution authorizing the Authority to issue refunding bonds to be used to refinance bonds issued in 1999 for Cleveland Clinic Facilities. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. SHOULD ANY OF THE FOLLOWING ITEMS BE MOVED TO THE REGULAR AGENDA ALL PARTICIPANTS MUST BE SWORN IN. VA-2002-AR-3322, Jerry Neal, requesting a 7.5 foot variance from the required 7.5 foot setback for dock facilities to zero feet for property located at 86 Dolphin Circle, further described as Lot 86, Isles of Capri Unit 1, in Section 31, Township 51 South, Range 26 East, Collier County, Florida. Petition AVROW2002-AR2332 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the road right-of-way for Coralwood Drive which was dedicated to the County as 3~d Avenue for Northwest by the Plat of "Golden Gate Estates Unit No. 95", as recorded in Plat Book 9, Page 45, Public Records of Collier County, Florida, located in Section 4, Township 49 South, Range 26 East. C. Approval of an Ordinance amending the quorum requirements for the Black Affairs Advisory Board. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 10 February 25, 2003 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING February 25, 2003 Withdraw Item 6B: Public Petition request by Thomas L. Baker to discuss Code Enforcement as it relates to C5 Industrial in J&C Industrial Park. (Petitioner request.) Continue Item 7A Indefinitely: ADA-2002-AR-3455, Timothy W. Ferguson, P.A., representing Naples Seventh Day Adventists Church, requesting an Administrative Appeal to official interpretation INTP-2002-AR-2910 concerning the Commercial Infill Provision of the Collier County Growth Management Plan, Future Land Use Element. (Petitioner request.) Add Item 9C: Consideration of a resolution supporting continuation of the State Housing Trust Fund. (Commissioner Fiala.) Move Item 16(A)6 to 10H: Final acceptance of water utility facilities for Vista Gardens. (Commissioner Fiala request.) Withdraw Item 16(B)3: Approve a Change Order with Better Roads, Inc., for median modifications on Davis Boulevard in the amount of $16,740 from Project 60016. (Staff request.) Move 16(B)4 to 10F: Approve funding in the amount of $116,951 for design and engineering, acquisition of permits, funding strategy and remaining half of project coordination to Woods Hold Group for the Haldeman Creek Basin Restoration (A.K.A. Dredging) ProJect, Contract No. 01-3216, Project Number 51011. (Commissioner Henning request.) Move Item 16(E)1 to 10G: Approve Award of Bid #03-3475 for temporary laborers for Collier County to Able Body Labor as primary vendor, and Tandem Staffing and Manpower of Naples as secondary vendors. (Commissioner Fiala request.) Notes: Item 16(A)4: Pages 45 and 46 were made a part of this packet in error and is extraneous information. Item 16(F)3: This is an update of the Resolution, Item 10B of the 2/11/03 agenda. Item 16(D)1: The following should have been included in the title: "Not to exceed $25,000 and is appropriated within the EMS budget." TIME CERTAIN ITEMS: Item 8G: To be heard at 10:00 a.m. Items 10AT 10B to be heard consecutively at 1:00 p.m. Items 8A, 8B, 8C~ 8D to be heard consecutively at 1:10 p.m. WHE~EA~. H/HEREA$, ond ocodt, m~ ~ to {.ollit~ .~all~/.~olar~ship; and, with th~ f~ Hall of NOW THEI~EFORE, "of (.olli~' C-~, and d~cl~"~ P R O C L A ~ff A 7'-r O N WHEREAS, the safe u~e of hazardous material is e_~_~ential to business, inducts/and I~cal ~vefl~ent~ t~ maintain econ~nic stab/i/hi, and and. hatttrdoot mat~ial$ m~ to I~"ot~zt the ~ll i~/~ of all citize= ~d ~=it~n in the D/rid'ct; ¢~f, WHEREAS, all citizen~ haw e ~-~n~ the h/pe~ of hazardous the prol~r l~aC~ f= f~lte gn ~ ~t~ an accident or emer~ncT. NOW TH~EFOR~, 1~ it prnclaimed tl~t the ~oard of C=onh/ Commissioners ~f ~lli~r Counh/, Florida reco~nite~ t~ im~ of commun/~ ~s~ of the 'Em~y Pl~i~ and ~muni~ Right-to ~ the we~ of Febma~ ~-~amh ~, ~3. a~ Emert~ency Platmt~ and Community R(ght-to-Know Awar~n~ Week in Coil/er - ~n~, Florida' ~ DON~ AND ORD~ED ~ ~3. · 0~ oF cou~ CO~~ONmS C~R COUP, FLO~O~ TOff HENi~ffN~, CHAZRA(AN AGENDAITEM FEB 2 5 2003 / ~k,', ~ ' A~A TION ~oAno o~ couNr~ co~OmE~ rO~ HENNZN~. AGENDA ITEM No. FEB Pg., / pROCLAMATION WHEREAS, the Veteran's Transportation Program is a cooporative effort between the Board Of County Commissioners and the Collier County Veteran's Council; and, WHEREAS, the goal of this p~xjram is to provide frae transportation for veterans to VA medical appointments throughout 5outh Florida; and, WHEREAS, the Transpo~tatlan Program employs one half-time employee, and utilizes the services of volunteer drivers and office staff; and, WHEREAS, in fiscal year 200Z0 the Program transported 699 veterans, our volunteer hours, and drove 77,405 miles; WHEREAS, our VA Medical Clinic; WHEREAS, :uested NOW wish to provided, the DONE AND ORDERED BOARD OF COUNTY COMMZSSZONERS ATTEST: DWZGHT E. BROCK,' CLERK FEB 2 5 200,3 Pg._ / PROCLAAfA TXOH muln'ple ~clerasis Js one a£ the m~st ¢~mmon diseas~ of the central ~ system effecting o~ee I4, OflO people in ?lor~da, 4000 pe~le in ~out~ t:lo~'da, aM ~ ZOO people in Collier the Naa'anal Mull'pie ~clerasis .~od~ty, wi~ its I.~00 ~ a~ WHEREAS, the ~ Flerqde Chapter of Se Na~'onal 44ul~'ple ~cler~sis people wit~ 44~ and tt~Jr £amJlle~ in ~llier County; and, ~VHE'REA$. the~ £eee ser~¢es include support groups, Tai Chi Aquatics and pht~.tical ~.d Men's Retreats, Kids Camp, information a~ cotmsell~ and ~ in Colliw ~~ ~; ~d, ~ ~i~ ~o~ ~i~ mul~le sclerosis. We encmmage all residents of Collier County to take pact in the annual Iqaples/Colliee Af~ Walk on ,~unday, AND ORDE'R~D 7'AZ~ Z§f~ Day of Februa~, DWZ~/-IT ~. BR~"K, CL~RK ~ARD Ot~ CouArI'Y C0~0~'~$ 2 5 2003 Po. ~ COLLIER COUNTY MANAGER'S OFFICE February 13, 2003 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Michael T. Hoyt, President Gulf Harbor Moorings, Inc. 759 Park Avenue Naples, FL 34110 Re: Public Petition Request to Discuss a Quit Claim Deed to Remove the "Public" Language From Property Deed Dear Mr. Hoyt: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of February 25, 2003, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. if you require any further information or assistance, please do not hesitate to contact this office. Sincerely, '.~YJames V. Mudd Coun~ Manager JVM/jb cc: David Weigel, County Attorney FEB 2 5 2003 ~-12-01, , " FROt~'T}~ LUTGERT C:OiiPH(IES ",4~g,. ,, T'-~;4 ?.01/13 (hflf~r Moor!_'_~, Iuo. 759 ~ Av~ Naplm, FL ~4110 2~9-$94-9267 Mr. lira Mudd CoUi~r Com~ 3301 F~ Tmniami Trail Na,..nles, FL 34112 VIA FACSIMII.I:-: 774-4010 ~ Mr. Mud& Plga.~ accept th/s as our pet,'on to have thc: Board of Coun~ Corem/ss/on,rs h~ar our rmiu~t for thc execution of a quit chim d=ed to remove The '~public" language fxom the deed To our property, A.~ yo~ c~n see fimn~ stmclw~ e,i, is an issue that w~ have bo~~g with v-~ious for over · year. ~mce we ar~ unable to see a da~ ce~ain th~ this item would be resolv~i by thst means and combin~l by the f~ar on our part fl~t we may nlrmdy be further dal~yed by Thc actions te. latin~ $o dock pcrminin~ on a ~dc basis, we feel that it is necessary W bring this to the Boa~ attmfion as so~ as possible. Aaa/tmeats include: 1. November 9, 2001 letter To Kevin 2. May 2, 2002 m~mo to lame~ Mudd 3. Draa Quit Claim Da~t We would apprecAa~ your camiderafion and r~spectfully request that we be notificd of the time and date ~ we may present this to the Bem'd. Sincerely, Bob DiModica - Vic~ Presidem GHMI Scott Zmm~em- Vioe Pmsidc~ Ca..IMI ~ McI~ct3on - CAmamismon~ Halas's OEGc~ 774-3602 John lhnnck- .~ _,~,i,,t-tnt~ of Public Se~wic. es, 732=2525 FEB-12-03 16:~.3 F~I,~ -:,e 'IJT~RT C{:M~IES 64146684,,... ;'-?,~'~ i'.~;3/'13 ."'-~C~ Nmplm, ~1 ~41]o ,3301 Tm T~ ~ Napk~ F~ 341]~- Coanty~t~lm~mrt~tot~eC-n~ Yacht C/t~ In~. &Floddt~na¢ fro'Pro'in 19~0. TI~ i9~o d~ed m~aim tl~ followi~ ~o~: FEB.,.IZ-03 16:23 FROkf-'rlE LLrTG[RT C~_ ~S g414968441 ~.u3/';~ F-GU3 759 ~ Ave Naples, FL 34110 Bob ~c~ VI* Susan Adkin~ VP Thank you very much for your efforts to return my call. My ori~n~! intention was to set up a meetin8 with you and a couple board members of our o~anizatton to review our issue and if a nmmin~ is still neaessary, at least it oould be ~t~lited. The issue we have is t]mt we have resurrected an o~zation that owns a piece of land in the ~Harbor neishboflmod that was started over twenty years ago. The land was deeded to this orsanization titan the County and to the County ~om the ~ land develope~ (seethe attached deeds). In the County l~:sol~on (80-103, copy attached), it was very clea~ t~t__ this land was to be for the use and enjoyment of the members of this org,__,,i~n but, when the deed was prepared, there was a provision included that rcfcsr, nc~ "public accel. It is our comention that this provision was meant to clarify the use of the land as for "boat 'public" is. Our concern is that if we are able to develop this land into anythin8 useful for the members that it may be intcrprcted thai "public" means all the citizens of Coriler County or more. That is obviously an unacceptable btadcn to placc on an associalion made up of workin~ class ~ies. The reality ofthis is tha~ them is no room for facilities that would be requited , rish~ m m~ ~ and avoid,_~mecessary expenses in pm~ this fucd~. We h,,vc seems to have no !o~ buis. We would appmciste your co--on and comment at your soonest convenience. I~'y°~ have a~y quesfious, please do not hesitate to call me at 495'9595 ~ ttm .~y or. x the eveoiaSs. FEB 2 5 2O03 ::~4 FIK~TI~ LUTGERT 4ZM)~IIES 1414~H441 T-T34 P.IN/~" '15 66.3194 G, ILm I1~ 2~4 'i FEB 25 2003 S FIIOM-I'I{ LUTGERT COII~A/ilES 841#Sl441 T-T34 P.08/13 F-SOS r.:. lira mllmmlm . .m:~.,--,-me dm. kin d k do FEB 2 5 21X)3 A FROM-THE LUT~RT COI~ANIES 6414656441 LEGAL AND SS PROFESSIONAL ASSOCIATION January 25, 2001 Mr. Mike Holn project Msna~ Thc Lutgcrt Companies 4'/01 Bonita Bay Boulevard Bonita Sin'hags, FL 34134 It, e: Calf Harbor Mooring, Inc. For your rgcords, cnolosed pleasc fred r3e original recorded Special Warranty Deed. Should you h~v= auy qu=sUO~S, please ~iv¢ mc a call // ~,/ For ~e Fin CNG/dm Enclosure CLE¥ft-AND '['OL£DO ~N COLLJI'~ABU S CINCINNATI FEB 2 5 2003 ]~ONIT^ Sp~.XNGS L',,1APLE$ FRQM-T~ LUTE~'I' COW)A/lIES RECEIVED JAN:~$2 -001"?r-. - FEB 16:2T FflOi~T~ LUTGERT COi~AIIIES g41#68~1 'r-T34 p. lO/13 F-603 _ ,t, OR: 2'765 ~)O: 1989 ) ss: ' My C~t~ ~: 3341t'1_I lliII-TIE LI,ITEEIB' C~IPANIE$ T-T~ P.11/l~ H03 ~TH]~. Gulf Harbor Yacht Club. /nc.. a co,potation noc-for-prof£t or~anized for the purpoees of p~omoc~n~ ~~ interest and* welfare ~th:Ln Gulf Harbor Subdivision. Collier '' '-'.. County, FlorLda has applied to the Board of Count7 Co~iss~onerS of Collier ~Y for the ~e~e of a q~t c1~ deed c~y~g'~:~ .... ae=~ =eel p=ope=cy contend ~t~ the G~E ~bo= S~dt~a~ou. to ~E Barbor Yacht Club, [nc., and ~~, the real proper~y sou~h~ to be conveyed co ~rbor Yacht C1~, Inc. ~11 be ~ea Eot Lhe p%~asure ~d recrea- tion of =he ~ers.pf Gulf ~bor Yarc Club, ~c., ~d needed for Co~Cy pu~oses ocher =~n for ~ha assents and rescr~c=ions contained within said Qult Claim Deed, and ~S, ~lf ~bor Yacht Club, Inc. in consideration of . =he iss~nce of a quit cla~ deea ~11 cr~s~= =o the Board of Co~Cy Co~sstone~s of ~llier ~cy Che ~C of $1.00 in .- constdera=lon for the conveyance of tht~ parcel of property; NOW ~FO~ BE IT ~SOL~D by the ~ard of Cowry Co~is- sloners of Collier Co~=y that i= hereby conveys, b~ qui: claim deed, all rtgh:, title and interest, s~Ject to eas~n=s* and rescric:ions con:ained with~ said quit cla~ ~ed, the following described real property: A parcel o~ land located tn =he SW-1/4 of the of Section 1~, To~h~p 48 S, ~ndm 25E, ~11ier ~, Flori~, be~ ~re p~cicularly ~escri~ed as follow: ~ng~ ag =he ~rg~as= co,er o~ ~= 89, ~f as recor~d ~ Plat ~k 4, Pa~e 31 of ~m ~Blic ~cogds" .' """ o~ ~ lest co the Souch~ac co,er of ~= I62 o~ ~ . oE ~ce 162 ~d 163 a d~.c~e o~ 108 ~eet. t~ence southerly 132.77 ~eet al~g the ~c o[ a e~ conca~ co ~a South- vest ~d s~c~d by a ~rd o~ 119.68 ~eec ~d ~o~d · bear~ ~5e1~'02"~; c~nce ~ 23~.0 feec~ ~ce . Westerly 13~.26 feeC alo~ the a~c of a ~e c~ca~e Co .. the H~g~sc and subtended ~ · c~gd o~ 120.73 ~ee~ ho~d b~ o[ S~5~15'02 ~; Ch~e ~89~29'~6''g 108.0'* fleet ~o the' ~o~nc o[ ., t ii... T-TS4 p.lt/t3 r.-,~o3 COLLIER COUNTY MANAGER'S OFFICE February 14, 2003 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Mr. Thomas L. Baker Baker's Towing & Recovery, Inc. 5643 Taylor Road Naples, FL 34109 Re: Public Petition Request to Discuss Code Enforcement as it Relates to C5 Industrial in J&C Industrial Park. Dear Mr. Baker: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of February 25, 2003, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, '-'~James V. Mudd County Manager JVM/jb cc: David Weigel, County Attorney Joe Schmitt, CD&ES Administrator FEB Z 5 21183 Feb ~3o 0~1 05:5~)p ~' =-=, F~!:~r ~3S-SSl-4914 p. 1 Baker's Towing & Recovery, 5643 TaYlor Rd. Naples, FL 34109 239-591-3413 Fax 239-591-4914 Fo, tx'usry 13, 2003 Jim Mudd 3301 E. Tm~i~mai Tr. Napk~ FL 34112 .Request to be place on the Board ofCoumy Commi~oners Agenda for February, 25 2003 Conummity Matters To discuss Code F'-nforcement as it .relates to C5 lndtmtrial in J&C Industrial Park. If further inf~i-~n is needed please contact Tom Baker. FEB 2 5 21}03 COLLIER COUNTY MANAGER'S OFFICE February 19, 2003 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Ms. Melanie Beebe 245 22"a Avenue N.E. Naples, FL 34120 Re: Public Petition Request to Discuss Waiver of Vadance Fees on Property at 245 22nd Avenue NE Dear Ms. Beebe: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of February 25, 2003, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petitiOn to the Board should be to advise them of your concern and the need for action bY the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. County Manager JVM/jb cc: David Weigel, County Attorney Joe Schmitt, CD&ES Administrator FEB - / .- '.i:.-03; ! 1 : 'IS~.N:;C:GLL:ER .CTY. DEV. ;'=41 ,4.0~. 23g1~ ~ 2./ F'Rfl~ : og:zb FA~ 941 403 234b EXECUTIVE SUMMARY ADA-2002-AR-3455 TIMOTHY W. FERGUSON, P.A. REPRESENTING NAPLES SEVENTH DAY ADVENTISTS CHURCH, REQUESTING AN ADMINISTRATIVE APPEAL TO OFFICIAL INTERPRETATION INTP-2002- AR-2910 CONCERNING THE COMMERCIAL INFILL PROVISION OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, FUTURE LAND USE ELEMENT OBJECTIVE: The applicant is seeking a reversal by the Board of Zoning Appeals of the interpretation issued by the Planning Services Director, to the effect that the term "abutting" as it relates to the Collier County Growth Management Plan, references the zoning district boundaries and not the property line boundaries. CONSIDERATIONS: On October 23, 2002 an official interpretation, INTP-2002-AR-2910 was rendered to Mr. Timothy W. Ferguson, P.A. by the Collier County Planning Services Director. The interpretation was made in response to an application filed by Timothy Ferguson to have the Planning Services Director issue a formal opinion concerning the definition of the word "abutting" as it relates to the Commercial Infill section of the Collier County Growth Management Plan. Specifically, Mr. Ferguson asked whether the term "abutting" could include "areas where property is physically abutting commercial property on dry land, and abutting commercial property where a lake intervenes." This request was addressed pursuant to a specific property in the Pine Ridge Subdivision. The term "abutting" as defined in the LDC, means properties having a boundary line or a portion of a boundary line in common with no intervening public street, easement or right-of-way and for purposes of the Office and In-fill Commercial Subdistrict, also excludes intervening public streets and easements (other than utilities). In this case, the properties share a common property boundary line at the cente of the lake (more or less) and a zoning district boundary line at the lake's western edge (see attached illustrations). Therefore, the zoning on the affected properties is split. The submerged (rear) portions of the commercial properties fronting U.S. 41, have a zoning designation of RSF-1, and the upland portions have a zoning designation of C-4. In accordance with the provisions of the Future Land Use Element, the subject property (Lot 1 - currently zoned RSF-1) is eligible to be rezoned to commercial to the depth at which the properties ~but i~t~A~.~a.A southern tip because that is the only place the subject property abuts a comme :iai ~fk~ FEB 2 5 2003 district. Based on the definition and the provisions of the GMP, it is the Director's opinion that the term "abutting" references the zoning district boundary lines and not the property boundary line. This interpretation is consistent with the intent of the subdistrict to allow low intensity office commercial or in-fill commercial development along collector roadways where residential development may not be compatible or appropriate (speaks to the concern of compatibility between the districts). The applicant alleges that the designation of the lake as "residential" is a scrivener's error. A scrivener's error is a term generally applied to situations in which the writer of text or in this case the drafter of the zoning district boundary, made a written mistake which is clearly erroneous or is inconsistent with the provisions of or purpose and intent of the Growth Management Plan or Land Development Code. The applicant has not provided any physical evidence of such allegation in the form of any official documentation. Other than the fact that the property boundary lines meet in the middle of the lake and the zoning atlas map divides the zoning districts of the lots at the shoreline, there is no evidence to suggest that this division of zoning districts across properties was approved or drafted erroneously. In fact, an argument could be made that the split zoning designation was intentional. South Lake provides a significant buffer between the residential properties to its east and the commercially zoned properties to its west, while allowing for commercial development on the developable, upland portions of the properties which front U.S. 41 and Pine Ridge Road. Based on this information, the Planning Services Director issued a formal interpretation to the effect that the term "abutting" references the zoning district boundaries and not the property line boundaries. The Board of Zoning Appeals, shall hold an advertised public heating on the appeal and shall consider the interpretation of the Planning Services Director and public testimony in light of the growth management plan, the future land use map, the code or official zoning atlas, or building code related matters, whichever is applicable. The Board of Zoning Appeals shall adopt the Planning Services Director's interpretation without modifications or conditions, or reject the interpretation. The Board of Zoning Appeals, shall not be authorized to modify or reject.the Planning Services Director's interpretation unless such Board finds that the determination is not supported by substantial competent evidence or that the interpretation is contrary to the growth management plan, future land use map, the code or the official zoning atlas, or building code, whichever is applicable. FISCAL IMPACT: None. GROWTH MANAGEMENT PLAN IMPACT: It is staff's opinion that findings to the contrary of the Director's interpretation may be deemed inconsistent with the Crrowth Management Plan. ~1~ ill~C] 2 FEB 2 5 2003 n. RECOMMENDATION: That the official interpretation, INTP-2002-AR-2910 by the Planning Services Director concerning an interpretation of the term "abutting" as it relates to the Commercial Infill section of the Collier County Growth Management Plan be upheld. PREPARED BY: /Susan Murray, AICP~~ Current Planning Manager Date REVIEWED BY: Margaref~[Vuerstfe, AICP Plannin~ervices Director Date APPROVED BY: ph K. Scht~itt~' inistrator, Comm. Dev. & Env. Services Division Date FEB 2 5 2003 13 IS 17 I I ! I ! II - I I I I t 17 I I I I I I ! I I 14 I I tS 17 18 ~0 ! ! I l I I I I I I I I I I I ! ! I I I I I I I I I I I % I % I I I I I I 4 S · · · lO INDICATES SPECIAL TREATMENT OVERLAY St. JGGflnSi4~l IM~X ~4 ~) (~) 14 si. IS IZ I0 6 ~ S ~ 4 )4 rlSION INDEX PINE RIDGE :5 j 111W. flEDI .~. SMLE COPY OF REQUEST FOR APPEAL FEB 2 5 2003 TIMOTHY W. FERGUSON P.A. 800 Laurel Oak Drive Suite 300 Naples, Florida 34108 (941) 596-9522 fax (941) 596-9523 11/23/02 MARGARET WUERSTLE, AICP Planning Service Department Director Planning Service Department 2800 Horseshoe Drive Naples Florida, 34104 Re: INTP-2002-AR-2910 Dear Ms Wuerstle, The purpose of this letter is to present a formal appeal to your interpretation of "abutting" in your 10-23-02 correspondence and/or a variance to the strict application of the provision 1.6 (d) of the Office and In- fill Commercial Subdistrict, found in Section 1.6 of the CCLDC (hereinafter In-fill Subdistrict). Please find the enclosed check for $500.00 representing the fee for this process. The Applicant's property meets the intent of the In-fill Subdistrict exactly, as if it were written for this property. The problem is the technical requirement found in Section 1.6 (d) of the In-fill Subdistrict. While the property's boundary line does abut commercial, the lake itself is shown on the zoning map as residential. The term "abutting" in Section 1.6 does not indicate whether the term applies to the properties "boundary line" or some other demarcation line. Staff, in its interpretation, cited two subsections of.the CCLDC ~or guidance. Section 1.6.7.2.5 seems to indicate that the zomng should bq commercial to the middle of the lake, following the "boundary lines" If t~B 2 § 2003 ~rope~rty. However, the Staff relies on Section 1.6.7.2.7 that states that "boundaries indicated as following physical features other than those listed above [Le. lakes[ shall be construed as followin~ those phFsical features (emphsis added). Using that language, staff suggests that the boundary is the shoreline of the lake. However, it seems clear to the applicant that the terms of the later provision itself exclude a "lake" from the application of provision 1.6.7.2.7. Staff does not provide any evidence that the designation of the lake as "residential" was intentional. Only states that the "argument could be made" that it should be residential, suggesting that it provides a "significant buffer" between residential and commercial properties. Those that have lived on the water know that water is a conduit for sound and therefore, the lake provides little buffer in that respect. One can easily see across the lake, therefore, it doesn't shield the residential property from viewing the unsightly backside of commercial uses (i.e. dumpsters and etc.). It is conceded that the lake is an amenity., that puts some distance between the two uses, but takes issue as to whether it is a "significant buffer". More importantly, in this particular case, the lake is not buffering the Beacon Bowl, from a residential use on the other side because the uses are commercial and church/school use. The minority of the lake's boundary is residential. Therefore, it is doubtful whether any thought was actually given to the zoning designation for the lake. Moreover, there is no direct indication for either position. The case is clearly open to interpretation. The precedence created by a ruling in the Applicant's favor is minimal, since it is a rare circumstance where a lake divides a commercial district from a residential district of any ..... ' l',~i'~v:r, '~'A Ia-f'dt Subdistrict language could be clarified to make it clear what position the Board wants to take. Since the juxtaposition of property at issue clearly fits the intent of the In-fill Subdistrict in all other aspects, it is consistent with all other aspects of the CCLDC. Clearly the prejudice to the applicant is far outweighed by any benefit to the County if the Co. unty should rule against this Application. Moreover, the transition of th~s property from its current use to C~--~~ Commercial is arguably better for the County and the surroundint ~---k---~ neighborhood. ~ The church operates seven days a week. There is a school there that operates throughout regular business hours; then meetings and church services are held there after hours and on weekends. Professional offices would only operate during regular business hours. A new building and site plan could improve the buffering from the neighborhood and would certainly look better than the old buildings that are there now. The buildings could be built so that they matched the size and scale of the surrounding residential area, thereby blending in with the aesthetics of the surrounding neighborhood, instead of standing out from it as the church does. There would arguably be less traffic coming from and to the site as professional offices than is currently being generated by the church and the school. A connector road could be established to link this commercial development to the commercial development to the west, increasing the functionality of the traffic follow at that intersection. Furthermore, many professionals live in Pine Ridge and the offices on that site would be convenient (they could go to work and come home without ever getting onto a major arterial road). I am not aware of any substantial planning arguments that would indicate that the property at question should remain in its current condition. CONCLUSION The best use of this parcel of land is arguably professional office space. The Applicant is willing to stipulate to C-1 zoning only. The juxtaposition of · ~- ...... '~' '":'" :'~ ........ ~:-~'~ ~ ..... "~°°~ t.".at it fix tl:c :"'~-° ~r +,~ In-fill Subdist~ct p~chely. ~'here would be no identifiable downside to allowing the property to be used as commercial In-fill as long as the use is restricted to C-1 commercial. The technical requirement in the CCLDC is vague and can be interpreted in the applicant's favor. Little if any precedent would be created by a decision for the Applicant because of the unique circumstances surrounding this particular parcel of land being easily distinguishable from otherDare~i~ in ~sk~i -- county. ~ FEB 2 § 21)03 THEREFORE, the Applicant prays that this Honorable Board of Commissioners rule in favor of the applicant and rule that the subject property meets the requirements of the In-fill Subdistrict Please notice this Appeal for the earliest possible Collier County Commission Hearing. If you have any further questions concerning this or any other matter, please feel free to contact me at your convenience. Thank you very much for your time and consideration in this matter. Sincerely, ~~f'~~i/~ ~] A~ r~~ey~t Law T~nothy W. Fer~uson, COPY OF OFFICIAL INTERPRETATION RENDERED OCTOBER 23, 2002 FEB 2 5 COLLIER COUNTY CO~ DEVELOPMI~.NT AND ENVIRO~NTAL SERVICES DIVISION Octob~' 23, 2002 PLANNING SERVICES DEPARIMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL ~4104 Mr. Tbnothy ~/- Fersuson, PA 800 Lau~i Oak Drive, Suite 300 · Naples, FL 34108 : iNTP.2002-AR-2910 Request for official interpretation Fessrdin8 the de~_n or RE . ,_.-- ,- ,~.- r-ommernal Inflil section of the Comer Couty Growth as it remits w ,~ ,- · sbuttinl ....... :-- ~.6 of the Collier ~onn~ Land Development Cod Manngement I;tan, rer Lin, mu- · Dear Mr. Ferguson: ' '".'U" ....... o.~ ;~t~. term "abuttim~' can mcnme areas wnc~ _~.~ ~~1~ ~~ on ~ ~ ~~ . . . - ~u~ - -- ' ....... ~ O~ ~ a ~c ~~ d~~ m foflo~: ~t 1, ~~.' you ~ ~ ~ F ~ ..... ~---~-~--~f~eG~ it~my~on~~~ ~uu~ A ..... 'e Pine Ria~ Subdivision, Plat Book 3, Page 24 the p~ ~. , _bo~- cco~mg to ~ . '~'~----" sun'o~ pro. es meet at the center of South t,as:e. · suD'eci propcr~ mm ~ ~,--. , · ' tp~'nintlS OX ff ]JU.f o-*.4M ~,~,--; ..... t ..... .A-- ~ I,uL,,,~ TI'IlU oo~ ,nd rcsL .oe? .. -~- ------:-~ ---;.,,, d,~oM ore zonod - ' ~ of the ~ Wllll ~,omm ~m ~mO ~ . ._ . land porno propern . · dential S · Comm~rcml I~,'"~._''''"' '~..'.~)o~-~laad and suDmel~ portio, s of the resideflgal Fsmilv ;RSF-I). Conversely, oo uF pro~'~s~hav¢ RSF-1 zonil~ dcsisnafions. .................... '__.__.~ ~ ........ win mcan mgn-wm~- ~ - - indicaIed as folio g · · water lines or cea of ,h'U b, fo,o- bi h-: . Phone (941) 403-240/) Fax (941) 643-6968 ""'~ Mr. ¥imo~y Fergoson ,, Page 2 October 23, 2002 ~ we~rly physical I~oundary of South Lak~, and not the c~nt~rline. S~tion 1.6.7.2.7. ~ ~ botmdari~ indic, at~ u following physical featm~ otter tlum tho~ ~ ~x~ ~ I~ conmued ~ follovvin~ ~ physical flnmnm (t~ continu~). Th~ boundary ~ ofth~ offi~tl zoning ~ in this case follow the we~rly ~x)reline of lhe lake, specifically th~ ~)em' to purposefully follow the outline of the uphmd portion of the commewially d~ lots. All of these commercial lots are approximately the same size and configuration, and ~ll oftl~ lots front on U.S. 41 and/or 1~ine Ridge Road, and are more or less developed with commerc~ type land The mm 'abutt/nE" as defined in the LDC, means pwpcriies having a boundary lineor a portion of a boundary line in common with no interveni~ public sUeet, easement or right-of-way and for purposes of thc Office and In-fill Commel"~i~l Subdis~i~ 8J.qO exclud~ intervening public streets ~ ease~z~ts (other than utililies). In this case, th~ properties share a common prol~'rt'y boundary line at the center of the lake (more or less) and a zoning di~uict boundary line at the lake's western edge. Based on the definllion and ihe provisions of the/3MP, it is my opinion that the term 'abutt/n~" references the zonin~ district boundaries and not the property line boundaries. This interpretation is consistent with the latent of the subdistrict to allow low intensity o/[ice coll~mercial or in-ill] commercial development along collector roadways where residential development rosy not be compatible or appropriate (speaks to the concern of compatibility between the districts). The applicant alleges that the desi~,nstlon of the lake as "residential" is a scrivener's error. A scrivener's error is a term generally applied to situations in which the writer of text or in this c~e the drafter of the zopin.,v district bolandary, ~ a written mistake which is clearly erroneous or is inco~ with the provisions of or purpose and intent of the Growth Management Plan or Land Development Code. The applicant has not provided any physical c. vidence of such allegation in tl~ form of any official dooumentafio~ Other than the faot that the pmpmy boundary lines meet in the middle of the lake and the zonin~ atlas map divides the zoning districts of the lots at the shoreline, there is no evidence to su/gest that this division of zonin~ between the residential properties to ils east and the comm~,;muy zonea propemes m ns we~ while allowin~ for commercial development on the developable, upland portions of the properties which front U.S. 41 and Pine Ridge Road. The s/fin~ of the Co~nmercial zonin~ district boundary line alone the westerly shoreline in my opinion, provides a reasonable degree of assurance that the allowable uses will be with properties ill the immodiale stlrfo~ al~a.s. Spocifica[ly, tho C-4 zollil~ located at the westcrly edge of South Lake, while the bel~min~ of the residential boundary l/ne is sul~ner~ed, decreasing the likelihood of the extension of or future of submerged lands as commercial; whether or not they remain as such. The zoning Page 3 October 23, 2002 to Division !.o oxm~ ~ ' _. _ · · 'o all owners wlmm .~ Pursuant 's is a ~- c ~~~ ~ . ~~ . · · u~. ~ ~ . Wi~ 30 ~ 1~, or .~,~ ~~ o~er or ~~or. ~e ~Og OI ~l~e rr - l~t~ ~ 300 f~ of ~e ~~ ~ of ,; ~ ~ ~vc~ cff~ ~ ~ ~ P "h ~ s~ ..... ~c ~..,...o~ment Pl~ or ~ ~d ~evelop~,, · '~ ..... ~~t ~~o~ ~hibi~, ~ ~'~- ~ ~-+- +~- b~is for ~e m ~d~ ,_ ._ i~o~on ~ ~ ,, m by, ~e fo~ o~ a cn~ - ~ ~ ~ ~ ~d dehv~ or m~l~ ~ my a~6on ~ ~e ~ ~d~ Pl~ do not h~i~ m ~n~ me ~o~d you ~ve ~y Cc: Collier County Board of Commissioners · Mud& County Manager JlIn ,_ ,~ e~_hmitt Administrator, Comm. Development & Env. Srv Div. Joseph ~- o.~-~,,-_.~. Assistant County Attorney Marjorie M. Patrick G. White, Assistant County Attorney Stan Litsin~er, AICP, Comprehensive Planning Manager David Wee, ks, AICP, Chief Plnnner FEB 2 5 2003 COPY OF REQUEST FOR OFFICIAL INTERPRETATION FEB ;~ 5 2003 TIMOTHY W. FERGUSON P.A. 800 Laurel Oak Drive, Suite 300 Naples, Florida 34108 (941) 774~-11 7-18-02 fax (941} 775-3706 Request for an Interpretation of the Commercial Infill Provision of the Collier County Growth Management Plan, Future Land Use Element. Application Number Date Received Pre-Application Conference Date 1. General Information A. Name of Applican~ Naples Seventh Day Adventists Church Address: 1055 Pine Ridge Road, Naples, Florida 34108 Phone Number: 597-5936 Fax Number: 597-7229 Name of Agent: Timothy W. Ferguson P.A. Agent information as provided above; Owner: Florida Conference Association of SeventhDay Adventists, P.O.Box 2626 Winter Park Florida 32790-2626. Phone: (407) 6~.~--5000 Fax (407) 6~.~.-7550 2. Disclosure of Interest Information The property is owned by a not for profit organization known as the Florida Conference Association of Seventh- Day Adventists. INTP-2002-AR-2910 PROJECT #2002070065 DATE: 7130102 SUSAN MURRAY Officers: President H. Lewis Hendershot, Treasurer and V.P. Randee R. Reynolds, Secretary Evan Valencia. There is no stock held by any individual in the corporation. 3. Description of Property Legal Descf. iption: Lot 1, Block "A', Pine Ridge Subdivision as recorded in Plat Book 3 Page 24, Collier County, Florida. Be General Location: North West corner of Pine Ridge Road and Caribbean Road. Ce Size in Acres: Approximately Two and Three Quarters (21/2 ) Surrounding Land Use Patterns: Commercial to the West; Commercial to the South; Residential to the North; Residential/Commercial to the East. Futu~re Land Use Map Designation: Residential Environmental: site is fully developed and has been for over forty years. 4. Type of Request The Commercial Infill provision of the Future Land Use Element of the Collier County Growth Management Plan allows for commercial infill in areas where the particular property meets all the requirements of the provision. The Applicant seeks to rezone its property to C-1 commercial pursuant to the County's infill provision. It is the Applicant's understanding that the Applicant's property meets all the requirements of the commercial infil FEB 2 5 2O03 provision. However, after a pre-application conference, staff has suggested that they would recommend denial of an application to apply the commercial infill provision because an inappropriate amount of the Applicant's Property was contiguous to co ..mmercial property to the west. A review of ~xhibit A (attached hereto) illustrates the problem. All the property to the West is currently zoned and used as comme.rcial. However, staff has determined that the lake on which the two commercial properties lie, is residential. The Applicant believes that the designation of the lake as "residential" is a scriveners error. In the alternative, the Applicant believes that the lake should be included in the definition of "abutting" when there is commercial property on either side of a lake and commercial entities own the property on which the lake sits; as long as some of the upland portion of the property abuts commercial. 5. Hearing Request: The applicant respectfully asks the Collier Board of County Commissioners to interpret the definition of "abutting", in the Commercial Infill section of its Growth Management Plan, to include areas where property is physically abutting commercial property on dry land, and abutting commercial property where a lake intervenes, as long as there is commercial property on either side of the lake where the ~ Ti: perry lines are abusing. o~rguso~, tt~~-~orn~ ent for Seventh Day Adventists Church FEB 2 5 2003 I) FEB 2 5 20~3 EXECUTIVE SUMMARY ADOPT A RESOLUTION AMENDING THE WATER AND SEWER IMPACT FEE RATE SCHEDULE, WHICH IS SCHEDULE TWO OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAW AND ORDINANCES, THE SAME BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE. OBJECTIVE: Board of County Commissioners adoption of a Resolution amending Schedule Two of Appendix A (the Water and Sewer Impact Fee Schedule) of Chapter 74 of the Collier County Code of Law and Ordinances, as amended, the same being the Collier County Consolidated Impact Fee Ordinance. CONSIDERATIONS: The revised Impact Fee is to fund water and wastewater growth-related capital projects identified in the Update of the 2002 Water and Wastewater Master Plans. Impact fees are used by Collier County to help fund necessary capital investment required to provide utility services to new population and related development. The Collier County Water-Sewer District has used impact fees to fund growth - related capital costs since 1978. On December 11, 2001, The Board of County Commissioners adopted Resolution No. 2001-488 implementing a revised water and wastewater impact fee schedule to fund the growth related capital projects. The effective date of the fees was January 1, 2002. Subsequently, on February 12, 2002 the Board of County Commissioners adopted Resolution 2002-88, which corrected the Water Impact Fees downward by $50 per equivalent residential connection (ERC) and corrected a Scrivener's error in the Sewer Impact Fee Schedule. These corrections were made retroactive to January 1,2002. The Board of County Commissioners directed staff to review the Impact Fees on an annual basis. As a result, staff hired Greeley and Hansen to update the Collier County Water and Wastewater District Master Plans and Public Resource Management Group to prepare the study and update the Impact Fees. These three proactive measures as they relate to Water-Sewer District services are on the Board's agenda today for approval. They are: · Updated Water Master Plan · Updated Sewer Master Plan · Impact Fee Study The Master Plans were prepared to ensure that the Water-Sewer Distdct takes a comprehensive approach to meet the demands of the citizens of Collier County. The plans provide the framework for fidelity between master planning and facility operations, and synchronize water and sewer projects with those of other county departments. Finally, the master plans provide a comprehensive approach to address the very high growth rate in Collier County and the number and magnitude of new water and sewer projects required to meet the demands of growth. The master plan(s) recommend the addition of 27.8 million gallons per day of wastewater treatment capacity over the next ten (10) years. In addition, the plan(s) recommend 30 million gallons of water plant capacity over the same period. For water and wastewater combined, the capital costs allocable to future users through Fiscal Year 2012 is estimated at approximately $565 million. The Impact Fee Study Briefing Document (Impact Fee Consultants Executive Summary) attached is designed to establish water and wastewater impact fees at the maximum level allowed in accordance with equity tests established by the Florida Court systems. The methodology utilized to prepare the analysis is consistent with the approach used in the previous year's study. The proposed impact fees were presented to the Board's Development Services Advisory Committee (DSAC) on January 8, 2003 and the DSAC's Utility Subcommittee on January 21, 2003. The presentation was also made to the Productivity Committee on January 15, 2003. The recommended impact fees in this agenda item are based on an April 1,2003 implementation date. The proposed revisions reflect a $120 per ERC decrease for water impact fees and $110 per ERC increase for sewer impact fees. GROWTH MANAGEMENT IMPACT: The proposed Water-Sewer District impact fees are designed to provide adequate funding for water and wastewater capital improvements required if the proposed Water and Wastewater Master Plans are adopted. FEB 2 5 2003 FISCAL IMPACT: The contemplated revenue to recommended impact fees over the next five (5) years: Water =$40,267,000 Sewer =$43,846,000 TOTAL = $84,113,000 be generated by the The proposed impact fees will commercial structures: WATER Existinq $ 2,690.00 $ 6,725.00 $ 13,450.00 $ 21,520.00 $ 43,040.00 $ 67,250.00 $134,500.00 $242,100.00 $390,O50.O0 $578,350.00 Proposed $ 2 570.00 $ 6,425.00 $ 12850.00 $ 20 560.00 $ 41 120.00 $ 64 25O.OO $128 500.00 $231 3OO.OO $372 650.00 $55255O.O0 have the following effect on residential and SEWER Meter Size ExistinR %" $ 2,840.00 1" $ 7,100.00 1-1/2" $ 14,200.00 2" $ 22,720.00 3" $ 45,440.00 4" $ 71,000.00 6" $142,000.00 8" $255,600.00 10" $411,800.00 12" $610,600.00 Proposed $ 2950.00 $ 7375.00 $ 14,750.00 $ 23,600.00 $ 47,200.00 $ 73 750.00 $147 500.00 $265 500.00 $427 750.00 $634 250.00 RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution amending Schedule Two of Appendix A of Chapter 74 of the Collier County Code of Law and Ordinances, as amended, the same being the Collier County Consolidated Impact Fee Ordinance, as amended, establishing the proposed water and wastewater impact fee rates with an effective date of April 1,2003. ,0. *r~"~~'~" ! FEB 2 5 2003 .Prepared By: Bala M. Sridhar Senior Management and Budget Analyst Public Utilities-Operations Jol'~n'¥ Yon k'ds ky~irector~_..~ Uti~y_~Billing and Customer Service Approved by: Tom Wides, Director Public Utilities-Operations Approved ~.Z~.c¢-,' "L-/ '/~"'~';' ~/?* ~-- /'"- Ja~es W. DeLony ~tic Utilities-Administrator-- Date: Date: Date: Date: FEB 2 5 20O3 I Public Resources Management Group, Inc. UtilRy, Rate, Financial and Management Consultants 341 Maitland Avenue, Suite 300, Maitland, FL 32751 Telephone (407) 628-2600 · Fax (407) 628-2610 Email Address: prmg~prmginc.com February 18, 2003 PRMG #1125-05 Board of County Commissioners of Collier County 3301 Tamiami Trail East Naples, FL 34112 Subject: Executive Summary For Update of Water and Wastewater Impact Fee Study Ladies and Gentlemen: We have completed our update of the Water and Wastewater Impact Fee Study for the Collier County (the "County") Water/Sewer District's (the "District") water and wastewater system (the "System"), and have summarized the results of our analyses, assumptions, and conclusions in this letter report, which is submitted for your consideration. As set forth in the report, we are recommending that the water system impact fee be decreased from $2,690 to $2,570 per Equivalent Residential Connection (ERC). For the wastewater system, we are recommending an increase in the impact fee from $2,840 to $2,950 per ERC. The combined water and wastewater fee with the proposed rate adjustments would be $5,520, a decrease of $10 from the existing level. The effective date of the proposed impact fee changes is recommended to be April 1, 2003. A rate schedule for the proposed impact fees is shown on Table ES-1 following this letter. The proposed impact fees are based on the recovery of capital-related costs anticipated to be incurred by the District to expand water and wastewater service to meet the needs of anticipated population growth within the utility service area. These capital-related costs were identified in the 2002 Master Plan Update report prepared by the County's Consulting Engineer, which documented the capital improvement plan for the fiscal year period of 2003 to 2012, the capital needs period reflected in the impact fee report. As such, the proposed water and wastewater impact fees reflect the relevant costs of each utility system and are considered reasonable by Public Resources Management Group, Inc. We appreciate the opportunity to be of service to the County and would like to thank the County's staff for their assistance and cooperation during the course of this study. Respectfully submitted, Public Resources Management Group, Inc. Robert Ori President Bryan A. Mantz Rate Consultant FEB 2 5 2003 EXECUTIVE SUMMARY FOR UPDATE OF WATER AND WASTEWATER IMPACT FEE STUDY Purposes of Water and Wastewater Impact Fees The primary purposes of the water and wastewater impact fees include the following: 1. To defray the capital cost of constructing new water and wastewater facilities necessitated by growth, or to provide reimbursement for the consumption of existing facility capacity by growth; and 2. To shift the financial burden of constructing new facilities to the new residents for whose benefit the facilities will be built. Existing Impact Fees Ordinance No. 2001-73, which was adopted by the Board of County Commissioners of Collier County on December 11, 2001 and subsequently amended by Resolution No. 2002-88 on February 12, 2002 (thc "Impact Fee Ordinance"), established the District's current water and wastcwater impact fees. These fees arc based on the estimated equitable portion of the cost of financing the expansion of the System. The current impact fees for an equivalent single family residential connection (ERC) served by the System pursuant to the Impact Fee Ordinance are summarized as follows: Water System Impact Fee Wastewater System Impact Fee Rate per ERC $2,69O.00 $2,840.00 (*) Derived from Impact Fee Ordinance; reflects fee for standard individually-metered residential unit (3/4-inch meter service which equates to 1 ERC). Impact Fee Methodology In the previous impact fee study, the improvements-driven method was used as opposed to the standards-driven method for calculating the water and wastewater impact fees. The improvements- driven method utilizes a specific list of planned capital improvements over a period of time, while the standards-driven method utilizes the theoretical cost of a unit of capacity. The advantages of the improvements-driven method are that it 1) is based on projected capital expenditures and provides a definite relationship between the level of fee and need; 2) recognizes changes in the cost of capacity due to regulations and increased treatment standards; and 3) promotes cons/:tency between rates and capacity fees (i.e. CIP funding). The current study employed the same methodology, and the impact fees were calculated on an ERC basis. The capital-related costs were identified in the 2002 Master Plan Update report prepared by the County's Consulting Engineer, which documented the capital improvement plan for Fiscal Years 2003 through 2012. 1125-05~Lett~rRepor~doc -1- FEB 2 5 7.003 - / Board of County Commissioners of Collier County February 98, 2003 Level of Service In the 2001 Water and Wastewater Impact Fee Rate Review, PRMG analyzed assumptions made in the 2001 Water and Wastewater Master Plans prepared by the District's Consulting Engineers, Greeley and Hansen LLC; the Collier County (the "County") Growth Management Plan adopted on October 28, 1997; the Florida Department of Environmental Protection (FDEP) general' design standards; and the Florida Public Service Commission (FPSC) general policies for reporting. PRMG also studied water production and wastewater treated flow data over the past several years. As a result, it was assumed that the level of service standards should be as follows: Water System Wastewater System Level of Service 350 gpd per ERC 250 gpd per ERC The assumptions made in the 2002 Water and Wastewater Master Plan Updates, as well as the water and wastewater flow data for Fiscal Year 2002 that were provided by the District, support the continued use of these standards. Existing Plant in Service In the determination of the Impact Fee associated with the servicing of future customers, any excess capacity of the existing utility system available to serve such growth should be considered. Since this capacity is available to serve the near-term incremental growth of the utility system, it would be appropriate to evaluate the capacity availability of such facilities. The County provided PRMG a copy of the utility plant fixed asset listing as of September 30, 2002 that served as the basis of the functionalization of the existing utility plant in service. Table 1 at the end of this report provides a summary of the functionalization of the existing utility plant in service for the System. The functionalization of the existing utility plant in service represents the original cost of such assets (gross book value) and was based on the reported in-service values as of September 30, 2002 as provided by the County (as detailed in the utility fixed asset records), as well as on a listing of completed work-in-process as of September 30, 2002 that was also provided by the County. This information represents the most current information available relative to the plant in service to serve the existing and near-term future customer base of each utility system. A summary of the functionalization of the existing utility plant in service as shown on Table 1 is summarized as follows: 1125 -05~LetterReport. doc -2- Board of County Commissioners of Collier County February'l 8, 2003 Water System [1] Wastewater System [ 1 ] Amount Percent Amount Percent Treatment $86,929,878 37.51% Transmission 36,886,347 15.92% Distribution/Collection/ 77,157,235 33.29% Direct Reclaimed Effluent/Reclaimed ..... Meters/Services/Hydrants 1,897,186 0.82% Supply 22,685,684 9.79% General Plant [2] 6~206,697 2.67% $134,216,342 39.17% 44,586,988 13.01% 129,647,961 37.83% 24,906,000 7.27% 9,310,045 2.72% Totals 5;231.763:027 100.00% 5;342.667.336 100.00% [ 1 ] Amounts shown derived from Table 1. [2] General Plant allocated in proportion to all other functionalized utility plant. In order to determine the amount of existing water supply and treatment and wastewater treatment and disposal plant assets available to meet future growth, it is necessary to identify the amount of unused capacity in such facilities. Table 2 at the end of this report provides an estimate of the unused capacity and the allocated water supply and treatment plant costs available to meet future needs. A similar analysis is shown on Table 3 for the wastewater system. This estimate for water and wastewater capacity and the allocation of existing plant to future growth was based on i) the permitted design capacity of the respective utility plant facilities; ii) the recognition of adjustments to present the facility capacity on an average daily basis to be consistent with the assumed level of service requirements; and iii) actual use of such facilities as experienced by the System service area through the Fiscal Year 2002. Based on this analysis, it was estimated that the existing plant facilities had the following remaining and available capacity to meet future needs: Plant Capacity (MGD) Wastewater Water Plant [1] Plant [2] Total Permitted Design Capacity (MMDF) 32.000 Plant Capacity Expressed on Average Daily Flow Basis 26.667 Less Existing Plant Utilization 22.788 Net Available to Meet Future Service Area Needs 3.879 Percent of Total System Capacity 14.55% MMDF = Maximum Month Daily Flow MGD = Million Gallons Per Day [1] AmoUnts derived from Table 2. [2] Amounts derived from Table 3. 28.050 21.577 15.528 6.049 28.00% Based on i) the permitted design capacities of the applicable plant facilities; ii) current utilization of such facilities; and iii) the net calculated costs of the applicable functional facilities available to serve future growth which should be recognized in the determination of the System impact fees, the amount of existing water production/treatment and wastewater treatment/effluent disposal fixed 1125--05\LetterReport. doc -3 - FEB 2 5 20O3 PG. ~ Board of County Commissioners of Collier County February ½8, 2003 asset costs which were identified to be recovered from the imposition of the District's impact fees was estimated to be as follows: Net Applicable Plant Costs Estimated Percent Capacity Remaining to Serve Future Growth Net Treatment Plant Costs Recognized in Fee Determination Wastewater Water Plant [ 1 ] Plant [2] $140,356,503 $171,844,392 14.55% 28.00% $20.421.871 $48;116:430 [ I ] Derived from Table 2. [2] Derived from Table 3. As shown above, it has been estimated that approximately 14.55% or $20,421,871 in existing water utility plant capacity associated with the water production and treatment is allocable to serve future development. With respect to the wastewater utility plant, it is estimated that the plant has approximately 28.00%, or $48,116,430 of its combined treatment and disposal capacity available to serve new customer growth. Although it appears that there is overall excess plant capacity on a "system" basis, the County reports that, while the District's north water and wastewater plants currently have a sufficient amount of capacity to serve the northern portion of the District service area, the south plants have a need for extra capacity. Since the plants are not fully interconnected at this time, the County is unable to fully utilize its plant capacity from one service area for the other. This situation is one reason why the County is embarking on a major water and wastewater capital improvement program for the District, and why impact fees are being reviewed. As can be seen on Table 3, the total cost of the existing wastewater plant treatment and disposal facilities does not include the cost of any facilities which were funded from grant proceeds provided by the Environmental Protection Agency. The grant funds represent "cost-free" capital to the utility that has the effect of reducing the total capital cost which must be funded by the County's rates and charges (e.g., in the form of the repayment of debt). The net effect of this adjustment was to reduce net plant in-service of the existing wastewater facilities by approximately $11,360,000. This adjustment has the effect of reducing the cost incurred by the County for the construction of the existing facilities that are currently in service by approximately $132 per ERC. Additional Capital Investment The County's Consulting Engineers recently prepared the 2002 System Master Plan Update which outlines a number of capital improvements for the water and wastewater system. These improvements are for i) expansions of System solely to meet new growth (e.g., installation of new water supply wells); ii) upgrades to existing assets which benefit both current and furore users of the System (e.g., replacement and upgrade of water or wastewater transmission mains); and iii) replacement of assets or conducting capital programs which generally only benefit current users of the System (e.g., replacement of water meters). 1125 -05 \Lett~rR~:port. doc -4- FEB 2 5 2003 Board of County Commissioners of Collier County February.,18, 2003 Based on the recommendations of the 2002 System Master Plan Update, the County anticipates on adding the following increments of water and wastewater capacity to the System. With respect to the water system, it is recommended during the Fiscal Year 2003 to 2012 timefi'ame that the County expand the South County Regional Water Treatment Plant as well as add new facilities. A summary of the anticipated capacity additions recognized in the study for the water system is shown below: Water Capacity Additions [1] Capacity (MGD) Maximum Annual Month Average Daily Daily Flow [2] Flow South County Regional WTP Expansion [3] 8.000 6.667 South County Regional WTP Expansion 12.000 10.000 Northeast County Regional WTP Construction 10.000 8.333 Total 30.000 25.000 Period 2003 -2O07 2003 -2007 2008- 2012 [1 ] Based on recommendations of the 2002 System Master Plan Update. [2] Based on a maximum monthly daily flow to average daily flow peaking factor of 1.2 as recommended in the 2002 System Master Plan Update. [3] Represents expansion currently under construction which is anticipated to be completed by the County by the end of Fiscal Year 2003. With respect to the wastewater system, the County expects to add additional capacity during the ten-year planning period ending with the Fiscal Year 2012. Specifically, the 2002 System Master Plan Update recommends the expansion of existing plant facilities and the construction of new wastewater treatment plants. Additionally, the 2002 System Master Plan Update includes the retirement of the Pelican Bay Wastewater Treatment Plant and the consolidation of the capacity of that facility with the new capacity additions. A summary of the anticipated capacity additions recognized in the study for the wastewater system is shown as follows: Wastewater Capacity Additions [ 1 ] Capacity (MGD) Maximum Month Daily Flow South County WRF Expansion 6.800 North County WRF Expansion 6.550 North County WRF Expansion 6.500 Pelican Bay WRF Retirement (1.300) Northeast County WRF Construction 2.000 Northeast County WRF Expansion 2.000 East Central County WRF Construction 4.000 Total 26.550 Annual Average Daily Flow [2] Pehod 5.231 2003 - 2007 5.038 2003 - 2007 5.000 2008 - 2012 (1.000) 2003 - 2007 1.538 2003 - 2007 1.538 2008 - 2012 3.077 2008 - 2012 20.422 [I] Based on recommendations of the 2002 System Master Plan Update. [2] Based on a maximum day to average day demand factor of 1.30 as recommended in the 2002 System Master Plan Update. 1125 -05~LetterReport. doc -5- AGtr N~A ITEI''I ~ . FEB 2 5 20D3 Board of County Commissioners of Collier County Februaryq 8, 2003 As can be seen in the preceding table, the amount of wastewater capacity being added to the System during the planning period is consistent with the amount identified in the 2002 Master Plan Update for the water system - wastewater capacity additions are approximately 80% of the water capacity additions. The 2002 System Master Plan outlined a total of $332.6 million in water projects, $368.5 million in wastewater projects, and $51.7 million in reclaimed water projects to be completed in the ten-year period FY 2003 to FY 2012. However, as supported by the fair share apportionment rule identified by case law, only water production/wastewater treatment and backbone transmission costs were recognized in the impact fee calculations. Distribution/collection project costs were not recognized because they 1) generally are not system-wide costs (i.e., distribution/collection project costs tend to benefit specific customers); 2) in many instances, are funded by a specific charge applied to a customer (e.g., water meter installation fee); and 3) are usually contributed to the District as part of the development process. The adjustments that PRMG made in order to arrive at the treatment and transmission costs recognized in the impact fee study are shown as follows: Projects in Ten-Year CIP Shown in 2002 IV~ter Amx~ ($ millions) - FY 2003 to FY2012 [1] Water Wastewater Reclairred Water TOTAL S332.6 S368.5 S51.7 5752.8 T ~..~. ~ ~ / C_m~ting Services Projects T ~ Projects Moved to ~ ~ Camax~m Work in Pmce~ (21.9) (59.2) (8.8) (89.9) (2.8) (4.0) (0.2) (7.1) 0.0 (1.8) 0.0 (1.8) 23.8 18.1 0.8 42.6 Total Treaaa~ and Tmnmissim C~s $331.6 8321.5 $43.5 $696.6 [ 1] Differm:es due to tarring As shown in the previous table, approximately $331.6 million of treatment and transmission capital improvements have been identified for the water system. The amount of capital needs for the water system identified as a cost recoverable from future growth based on the capacity additions identified l 125-05~Lett~rReport. doc -6- A~IOA .o. fi' FEB 2 5 2003 pG...,_!I .... Board of County Commissioners of Collier Cgunty February 18, 2003 in the 2002 Master Plan Update during the projection period reflected in the study is shown on Table 5 at the end of this report. With respect to the wastewater system, approximately $365.0 million of treatment and transmission capital projects (including reclaimed water) have been considered in the fee evaluation. The amount of capital needs for the wastewater system identified as a cost recoverable fi'om future growth based on the capacity additions identified in the 2002 Master Plan Update during the projection period reflected in the study is shown on Table 7 at the end of this report. As can be seen in Tables 5 and 7, the County has identified an extensive amount of capital needs to serve the future growth of the District service area. Additionally, a large portion of the identified capital improvement program as reflected in the 2002 System Master Plan Update has not been recognized as an applicable cost for impact fee recovery purposes. A significant amount of these capital expenditures benefit only existing customers and are not capital costs which can be financed fi'om impact fees. Some examples of such capital expenditures are the following: Project Estimated Cost Water System: Well Replacements Facility Renewal and Replacement Membrane Replacements NCRWTP, Manatee and Carica Chlorine Gas Conversion Nanofilter Replacement $8,970,000 8,370,000 4,302,000 3,240,000 1,200,000 Wastewater System: Sludge Stabilization Management Miscellaneous Effluent Improvements Cleaning Existing 30" Force Main on Immokalee Road $3,510,000 3,240,000 1,838,800 Design of Water Impact Fee As shown on Table 8, the proposed impact fee for the water system is $2,570 per ERC. This represents a decrease in the fee of $120 or 4.46% below the current fee per ERC. The reason for this decrease is a change in the peaking factor used for analysis purposes to be consistent with the 2002 Master Plan Update. In the last impact fee study, a factor of 1.30 based on maximum daily flow to average daily flow was used whereas, in the current study, a factor of 1.20 based on maximum month daily flow to average daily flow was used. The net effect of this modification in the development of the average daily demand of the water production/treatment facilities (i.e., a lowering of the peaking factor) is an increase in the calculated equivalent residential connections (ERC's) that can be served by the facilities. As a result, the increased ERC's which can be serviced by the facilities reduces both the cost per ERC and the corresponding impact fee. If PRMG had 1125-05\Lett~rReportdoc -7- n0. J ~ FEB 2 5 2.003 Board of County Commissioners of Collier County .F~bruar~ 18, 2003 used a 1.30 peaking factor in the current study, the resulting calculated impact fee would have been $2,815, an increase of $125 over the existing level. In the development of the proposed water impact fees, several assumptions were utilized or incorporated in the analysis. The major assumptions utilized in the design of the proposed impact fees are: The existing water supply and treatment facilities have an estimated available capacity margin to serve new growth of approximately 14.55% of the average daily capacity of the facilities based on: i) the firm design capacity of the existing water treatment plant facilities; ii) actual maximum month daily flow to average daily flow relationships recently experienced by the water system, including a review of the actual flow requirements for the seven fiscal year period ended 2002; and iii) the capacity factors reflected in the 2002 Master Plan Update. The analysis is included on Table 2 herein. The capital improvement program as identified in the County's 2002 System Master Plan Update was reviewed and the capital costs were apportioned i)by functional category and ii) to existing and future users in the determination of the water impact fee. Those facilities that were considered to be entirely allocable to growth were included in the fee determination at full cost (i.e., 100% of the total cost). For facilities that would provide an improvement to existing utility plant assets that had available capacity to service future growth, a portion of the capacity fee was reflected in the fee determination since such new growth will benefit from such improvements. For capital expenditures which were solely for the replacement of existing assets which would directly benefit existing customers or were considered as an on-site cost (provide service to a local area such as a development which would normally be constructed and subsequently contributed to the District System by a developer), such amounts were not reflected as an appropriate cost to be recovered from the application of the water impact fees. A summary of the capital costs recognized in the impact fee analysis is shown on Table 5 and as follows (differences due to rounding): Future/Impa~t Total Fee-Eligible Existing (S millions) ($ millions) ($ millions) Water Treatment $231.6 $178.4 $53.2 Transmission 100.0 67.9 32.2 Total Water $331.6 $246.3 $85.4 Total Water % 100.0% 74.3% 25.7% For the capital improvements identified as transmission system upgrades which would benefit both existing and future users, the total cost of such improvements has been recognized in the analysis. Since the transmission function capacity is difficult to ascertain except at "build-out" conditions, the total existing (expressed at original cost and not on a 1125-05\LctterReport. doc -8- NO. _ IT£~ ~ I- FEB 2 5 2883 _ Board of County Commissioners of Collier County Fe. bruary~ 18, 2003 replacement or current cost basis) and anticipated capital costs to serve the total capacity of the water system through 2012 was recognized, thus calculating a new users per ERC "buy- in" cost for this functional component of the system. Therefore, the cost of certain capital expenditures shown on Table 5 that was fully recognized in the fee determination will not be fully recovered by growth since the "unit cost" of this function includes existing ERC's. With respect to those capital projects which have been allocated to existing users that may include a capacity increment associated with serving new development, an adjustment to the reported plant in service balances has been made in order to not double-count plant in service (recognized a retirement of plant associated with the addition of the new facilities as identified in the 2002 System Master Plan Update). Since a match of the facility upgrade to the existing plant in service balances as reported on the County's Fixed Asset Records was not possible, the adjustment was based on i) an average in-service date based on the weighted in-service date of all functional assets in service as reported on the Fixed Asset Records; ii) the average depreciation accrual rate for the functional assets; and iii) the estimated replacement cost of the asset being placed in service as identified in the 2002 System Master Plan Update. It was considered that the use of the replacement cost of the assets, which would generally include an upgrade to the facilities and probably result in a higher cost due to such factors as restoration expenses, would be conservative in the evaluation of the capital costs recognized in the determination of the fee. It was assumed that approximately $29,982,680 of existing water system assets would be retired as a result of the implementation of the County's identified capital improvement program. No capital facility expansion costs associated with distribution facilities have been included in the calculation of the water impact fees since the County generally requires the developer to contribute such facilities or the County has adopted a separate fee (e.g., water meter installation fee) on behalf of the District to recover the cost of such capital additions (contribution in aid of construction). The level of service for a water ERC was assumed to be 350 gallons per day (gpd) expressed on an average daily flow basis. This level of service represents no change from the previous impact fee study. The level of service was predicated on the level of service requirements as contained in the County's Growth Management Plan (potable water sub-element); discussions with the County's Consulting Engineer regarding capacity planning statistics as reflected in the 2002 System Master Plan Update, and comparisons with other published data (e.g., annual reporting requirements of the FPSC, general FDEP design standards). No grai.t funds have been or are expected to be received by the District relative to the funding of the capital improvement program, and none of the existing assets were assumed to have been funded from grants. With respect to the relocation of existing water transmission mains (not the upsizing component), the costs of such relocations has been included as a recovered cost component of the County's transportation impact fee. As such, the costs of all water line relocations which will be funded from transportation impact fees were removed from the 2002 Master Plan Update, and are not reflected in PRMG's analysis. 1125-05~LenerReport.doc -9- NO. i'r£. ~ ! FEB 2 5 2003 Pc../qt_ , Board of County Commissioners of Collier County Fe. bruary, 18, 2003 o In order to promote the rational nexus provisions of the payment of the impact fees, a credit for an assumed level of debt (external capital) has been reflected in the determination of the fee. The calculation of the debt service credit is summarized on Table 10 at the end of this report. The purpose of the credit is to recognize that new growth will also pay monthly user charges (once such users become an active customer) which have a debt component included in the rates for service that is allocable to the construction of the growth-related projects. As such, it was assumed that a credit to the impact fee would be appropriate. It should be recognized that the impact fees are a pledged revenue for the repayment of debt and that the capacity of the existing facilities for which debt has been issued is essentially at full utilization and therefore fully-funded from existing users. Also the priority of use of the impact fees is to fund future capital improvements and thus limit the issuance of future debt (which also provides a benefit to the level of rates charged for monthly service). Additionally, all funds received from the water impact fees are applied toward water-related capital projects or expansion-related debt service requirements, thus providing rate benefit. Although the funds stay within the water enterprise fund, it was assumed that the recognition of a debt service credit would be appropriate relative to meeting the overall needs of the future development. As shown on Table 8, the analysis was calculated utilizing estimated capital costs for the water supply/treatment/transmission system, ERC service requirements, and current fixed asset and plant capacity data available to PRMG regarding the water system. By designing the system impact fee to recover costs on a prospective basis, an attempt is made to design a charge that will provide funds on a reasonable basis in order to meet the future needs of the water system. It should be noted that in the event the construction costs, capacity requirements, or utility service area materially change from what was reflected on Table 8, the water impact fee might possibly need to be adjusted accordingly. As shown on Table 8, the proposed water impact fee is recommended to be S2,570 per ERC which equates to the fee that would be applied to a standard individually-metered residential customer. Based on the capital facilities associated with the determination of the fee, the functional breakdown of the components of the rate is as follows: Cost Per ERC Water Supply/Treatment $2,237 Water Transmission 868 Rate Adjustment / Debt Service Credit {533) Total $2,572 Rounded Rate $2.570 1125-05\LetterRcport. doc -10- FEB 2 5 2OO3 PG.... 15' , Board of County Commissioners of Collier County February 4 8, 2003 Design of Wastewater Impact Fee As shown on Table 9, the proposed impact fee for the wastewater system is $2,950 per ERC. This represents an increase in the fee of $110 or 3.9% above the current fee per ERC. The reason for this increase is a rise in the cost per unit of additional capacity from the costs assumed in the previous impact fee study. In the development of the proposed wastewater impact fees, several assumptions were utilized or incorporated in the analysis. The major assumptions utilized in the design of the proposed wastewater impact fees are: The existing wastewater treatment and effluent disposal facilities have an estimated available capacity margin to serve new growth of approximately 28.0% of the average daily capacity of the facilities based on i) the firm design capacity of the existing wastewater treatment plant facilities; ii) actual maximum month to average daily flow relationships recently experienced by the wastewater system, including a review of the actual flow requirements for the seven fiscal year period ended 2002; and iii) the capacity factors reflected in the 2002 Master Plan Update. The analysis is included on Table 3 herein. Based on discussions with the County, the cost of treatment and effluent disposal includes the direct system-related cost of expanding the reclaimed water system. As shown on Table 7, the following capital costs were reflected in the analysis: Expansion-Related Facilities Capital Expenditures Reflected in Analysis $35,639,740 Facilities Allocated to Existing Capacity (net) 5,612,671 Total Reclaimed Water Capital Expenditures Recognized $41.252:411 It should be noted that not all of the reclaimed water capital expenditures identified in the 2002 System Master Plan Update were included in the impact fee analysis for the wastewater system. Specifically, expenditures associated with the development of supplemental water supply (raw water irrigation) was assumed to specifically benefit those users receiving the supplemental water supply and should not be reflected as a wastewater system cost recoverable in the wastewater impact fee. Based on this assumption, approximately $8,776,687 of capital expenditures was not recognized in the impact fee analysis. The capital improvement program as identified in the County's 2002 System Master Plan Update was reviewed and the capital costs were apportioned i) by functional category and ii) to existing and future users in the determination of the wastewater impact fee. Those facilities that were considered to be entirely allocable to growth were included in the fee 1125-05~LetterReport. doc = 1 1 - FEB 2 5 2003 m Board of County Commissioners of Collier County February,18, 2003 determination at full cost (i.e., 100% of the total cost). For facilities that would provide an improvement to existing utility plant assets that had available capacity to service future growth, a portion of the capacity fee was reflected in the fee determination since such new growth will benefit ~om such improvements. For capital expenditures which were solely for the replacement of existing assets which would directly benefit existing customers or were considered as an on-site cost (provide service to a local area such as a development which would normally be constructed and subsequently contributed to the District System by a developer), such amounts were not reflected as an appropriate cost to be recovered from the application of the wastewater impact fees. A summary of the capital costs recognized in the wastewater impact fee analysis is shown on Table 7 and as follows: Future/Impact Total Fee-Eligible Existing $ millions) ($ millions) (S millions) Wastewater Treatment $241.1 $219.2 $21.9 Transmission 80.4 61.4 19.0 Reclaimed 43.5 37.9 5.6 Total Wastewater $365.0 5318.5 $46.5 Total Wastewater % 100.0% 87.3% 12.7% For the capital improvements identified as transmission system upgrades which would benefit both existing and future users, the total cost of such improvements has been recognized in the analysis. Since the transmission function capacity is difficult to ascertain except at "build-out" conditions, the total existing (expressed at original cost and not on a replacement or current cost basis) and anticipated capital costs to serve the total capacity of the wastewater system through 2012 was recognized, thus calculating a new users per ERC "buy-in" cost for this functional component of the system. Therefore, the cost of certain capital expenditures shown on Table 7 that was fully recognized in the fee determination will not be fully recovered by growth since the "unit cost" of this function includes existing ERC's. With respect to those capital projects which have been allocated to existing users which may include a capacity increment associated with serving new development, an adjustment to the reported plant in service balances has been made in order to not double-count plant in service (recognized a retirement of plant associated with the addition of the new facilities as identified in the 2002 System Master Plan Update). Since a match of the facility upgrade to the existing plant in service balances as repom;d on the District's Fixed Asset Records was not possible, the adjustment was based on i) an average in-service date based on the weighted in service date of all functional assets in service as reported on the Fixed Asset Records; ii) the average depreciation accrual rate for the functional assets; and iii) the estimated replacement cost of the asset being placed in service as identified in the 2002 System Master Plan Update. It was considered that the use of the replacement cost of the assets, which would generally include an upgrade to the facilities and probably result in a 1125-05~Lett~rReport. doc = 1 2- NO. lC, i[N~ IT£#6' FEB 2 5 2003 Board of County Commissioners of Collier County February'l 8, 2003 o ° higher cost due to such factors as restoration expenses, would be conservative in the evaluation of the capital costs recognized in the determination of the fee. As previously discussed, it was assumed that approximately $5,736,698 of existing wastewater system assets would be retired as a result of the implementation of the County's identified capital improvement program. No capital facility costs associated with the existing collection facilities, including local lift stations, manholes, and on-site collection facilities have been included in the calculation of the wastewater impact fees since the County generally requires the developer to contribute such facilities, or the County has adopted a separate fee (e.g., wastewater tap-fee) on behalf of the District to recover such capital additions (contributions in aid of construction). All capital improvements to such respective facilities as recognized in the 2002 System Master Plan Update were also not recognized in the wastewater impact fee analysis. The level of service for a wastewater ERC was assumed to be 250 gallons per day (gpd) expressed on an average daily flow basis. This level of service represents no change from the previous impact fee study. The level of service was predicated on the level of service requirements as contained in the County's Growth Management Plan (sanitary sewer sub- element); information contained in the 2002 System Master Plan Update regarding wastewater capacity; FDEP flow standards as reported in FAC 64E-6; FPSC general policies for reporting; and discussions with the County. With respect to the existing wastewater treatment plant, a credit was assumed for the receipt of grant funds from the United States Environmental Protection Agency which were used to directly fund the construction of utility plant in service for the District. The receipt of such funds represents "cost-free" capital to the utility and should not be subsequently recovered from future users of the wastewater system. Additionally, with respect to the relocation of existing wastewater collection and force mains which serve a system function (not the upsizing component), the costs of such relocations have been included as a recoverable cost component of the County's transportation impact fee. As such, the costs of all wastewater line relocations which will be funded from transportation impact fees were removed from the Master Plan Update, and are not reflected in PRMG's analysis. In order to promote the rational nexus provisions of the payment of the impact fees, a credit for an assumed level of debt (external capital) has been reflected in the determination of the fee. The calculation of the debt service credit is summarized on Table 11 at the end of this report. The purpose of the credit is to recognize that new growth will also pay monthly user charges (once such users become active customers) which i ave a debt component included in the rates for service that is allocable to the construction of the growth related projects. As such, it was assumed that a credit to the fee would be appropriate. It should be recognized that the impact fees are a pledged revenue for the repayment of debt and that the capacity of the existing facilities for which debt has been issued is essentially at full utilization and therefore fully-funded from existing users. Also the priority of use of the impact fees is to fund future capital improvements and thus limit the issuance of future debt (which also 1125-05X~LetterReport. doc -13- FEB 2 5 2003 _ Board of County Commissioners of Collier County F~bruary~ 18, 2003 provides a benefit to the level of rates charged for monthly service). Additionally, all funds received from the wastewater impact fees are applied towards wastewater-related capital projects or expansion-related debt service requirements, thus providing rate benefit. Although the funds stay within the wastewatcr enterprise fund, it was assumed that the recognition of a debt service credit would be appropriate relative to meeting the overall needs of the future development. As shown on Table 9, the analysis was calculated utilizing estimated capital costs for the wastewater transmission/treatment/disposal system, ERC service requirements, and current fixed asset and plant capacity data available to PRMG regarding the wastewater system. By designing the wastewater system impact fee to recover costs on a prospective basis, an attempt is made to design a charge that will provide funds on a reasonable basis in order to meet the future needs of the wastewater system. It should be noted that in the event the construction costs, capacity requirements, or utility service area materially change from what was reflected on Table 9, the wastewater impact fee might possibly need to be adjusted accordingly. As shown on Table 9, the proposed wastewater impact fee is recommended to be $2,950 per ERC which equates to the fee that would be applied to a standard individually metered residential customer. Based on the capital facilities associated with the determination of the fee, the functional breakdown of the components of the rate is as follows: Cost Per ERC Wastewater TreatmendDisposal S2,788 Wastewater Transmission 730 Rate Adjustment / Debt Service Credit (569) Total $2,949 Rounded Rate S2.950 Impact Fee Comparisons In order to provide additional information to the County regarding the proposed impact fees, a comparison of the existing and proposed fees for the District with other Florida jurisdictions was prepared. This comparison is summarized on Table 12 and provides a comparison of the existing and proposed District impact fees for single-family residential connections (i.e., one ERC) relative to the impact fees or comparable charges currently imposed by other municipal/governmental water and wastewater systems located primarily in the southwest Florida region. Figure 1 shows a graphical representation of the comparison. It is important to note that the re tder must view the comparison with caution as no in-depth analysis has been performed to determine the methods used in the development of the water and wastewater impact fees imposed by others, nor has any analysis been made to determine whether 100% of the cost of new facilities is recovered from system capacity charges, or some percentage less than 100% with the balance recovered through the user charges. Additionally, no analysis was conducted as to the rate of capital facilities currently in service or planned for the utility. For example, the costs of wastewater effluent disposal utilizing a 1125-05XLettcrReport.doc = 14- ~o. FEB 2 5 . . Board of County Commissioners of Collier County February t 8, 2003 deep injection well system generally has a higher capital cost per unit of capacity than percolation ponds. As shown on Table 12, the average water and wastewater system impact fees for the nineteen (19) governmental entities selected for this comparison are $1,734 and $2,130, respectively, for a single- family residence. Of the surveyed utilities, Boca Raton had the largest water and wastewater system capacity charges of $4,638 and $3,721, respectively. The City of Naples had the lowest combined system capacity charges in the group with the water fee being $870 and the wastewater fee being $1,220. The proposed water system impact fee of $2,570 and the proposed wastewater system fee of $2,950 for the District are higher than most of the surveyed utilities' impact fees. The primary reasons for the impact fees being higher is due to: i) the higher cost of incremental water treatment capacity (e.g., reverse osmosis facilities) and wastewater treatment capacity (e.g., new facilities with deep injection well and reuse based effluent disposal) relative to the other utilities; ii) the relative age of the existing facilities and cost recovery of embedded costs; iii) the utility life cycle position of the District (i.e., a growth oriented utility) relative to the other utilities (low to median growth); and (iv) the level of grant funding in the District's capital improvement program (i.e., non-existent). It should be noted that those utilities which have a significant amount of capital expenditures planned for the next several fiscal years tend to have fees which are above the average of the surveyed utilities. As can be seen in the following table, although the proposed impact fees for the District are almost the highest, the fees are comparable to levels charged by the neighboring counties: Collier Counw Water/Sewer District: Water (S/ERC) Wastewater ($/ERC) Combined (S/ERC) Existing 52,690 $2,840 55,530 Proposed 2,570 2,950 5,520 Other Neighborin~ Jurisdictions: Charlotte County [ 1 ] $1,518 S2,570 $4,088 Hillsborough County [2]: Northwest 2,275 3,150 5,425 South/Central 2,380 3,305 5,685 Lee County 1,140 1,735 2,875 Sarasota County [ 1 ] 2,720 1,642 4,362 [1] Counties that are in the process of reviewing the current impact fees. [2] Amount includes application of Accrued Guaranteed Revenue fees applied to new development of $940 per water ERC and $1,335 per wastewater ERC. 1125-05\LetlerReport.doc -1 5- Board of County Commissioners of Collier County F,ebruary~ 18, 2003 Sufficiency of Impact Fees As previously mentioned, the County has identified a significant amount of capital expenditures and needs for the District over the next ten (10) years. Completion of the projects identified in this planning horizon will increase the overall plant capacity significantly, which will serve additional growth beyond the ten-year planning horizon. Based on the forecast of customer growth to the System for rate sufficiency and planning purposes, the proposed fees are anticipated to recover only 33.8% of the expenditure requirements (and not the total plant investment identified in the 2002 Master Plan Update). This is summarized as follows: Amount ($ millions) Water System Wastewater System Total Projected Amount of Impact Fee-Eligible Projects $246.3 $318.5 $564.8 Estimated Amount of Impact Fees Collected During Projection Period [ 1 ] $89.9 $101.2 $191.1 Percentoflmpact-Fee Eligible PrQects That Are Funded 36.5% 31.8% 33.8% [ 1 ] Assumes an annual average of 3,497 water ERC's and 3,431 wastewater ERC's. As such, PRMG recommends that it will be necessary to i) first use all impact fees to defray the cost of borrowing external funds to finance the identified capital program and ii) second, apply the impact fees toward the payment of the expansion-related component of the debt service payments. I 125-05\LetterRcport. doc -16- FEB 2 5 20O3 1 RESOLUTION NO. 2003-.__ 2 3 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER 4 COUNTY, FLORIDA, AMENDING SCHEDULE TWO OF APPENDIX A OF CHAPTER 5 74 OF THE COLLIER COUNTY CODE OF LAW AND ORDINANCES, AS AMENDED, 6 THE SAME BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE 7 ORDINANCE, THEREBY DECREASING THE WATER IMPACT FEE RATE FROM 8 $2,690 PER EQUIVALENT RESIDENTIAL CONNECTION (ERC) TO $2,570 PER ERC 9 (A DECREASE OF 4.5 PERCENT); AND THEREBY INCREASING THE SEWER l0 IMPACT FEE RATE FROM $2,840 PER ERC TO $2,950 PER ERC (AN INCREASE OF 11 3.9 PERCENT) FOR ALL CUSTOMER CLASSES; THE PROPOSED RATES SPECIFIED 12 IN REVISED SCHEDULE TWO OF APPENDIX A; PROVIDING A DELAYED l~ EFFECTIVE DATE OF APRIL 1, 2003. 14 1~ WHEREAS, on March 13, 2001, the Board of County Commissioners adopted 16 Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and 17 superceding all of the County's then existing impact fee regular/ohs, and consolidating all of the 18 County's impact fee regulations mR) that one Ordinance, codified in Chapter 74 of the Collier 19 County Code of Law and Ordinances (the Code), and incorporating the water and sewer impact 20 fee rates established by the adoption of Ordinance No. 98-69; and 21 WHEREAS, on December 11, 2001, the Board of County Commissioners adopted 22 Resolution No. 2001-488 thereby amending Schedule Two of Appendix A of Chapter 74 of the 23 Code, as amended, the same being the Collier County Consolidated Impact Fcc Ordinance; 24 increasing the Water and Sewer Impact Fee rates and directed staff to update the Impact Fee after 25 one year; and 26 WHEREAS, in accordance with that direction, the County has retained Public Resources 27 Management Group, Inc. (the Consultant) to review the existing water and sewer impact fees and 28 to recommend changes to those fees if appropriate; and 29 ~VHEREAS, on February 12, 2002. the Board of County Commissioners adopted 30 Resolution No. 2002-88 to correct Scrivener's errors, and to correct the water impact fee 31 downward by $50 per Equivalent Residential Unit CERC), and to amend Schedule Two of 32 Appendix A of Chapter 74 of the Code, as amended, the same being the Collier County 33 Consolidated Impact Fee Ordinance; thereby increasing the Water and Sewer Impact Fee rates; 34 and 35 WHEREAS, ColLier County uses impact fees to supplement the funding of necessary 36 capital improvements required to provide public facilities to serve new population and related 37 development that is necessitated by growth in Collier County; and 38 V~d~REAS. the Consultant has recommended that the County increase water plant 39 capacity by thirty (30) million gallons per day and to increase sewer a'eatmem capacity by twenty- 40 seven million and eight hundred thousand (27.8 million) gallons per day over the next ten (10) 41 years, at an estimated cost to future miLity system users of approximately five hundred and sixty- 42 five million dollars ($565 million); and 43 WHEREAS, the Consultant has recommended a water impact fee rate decrease from 44 $2.690 per ERC to $2,570 per ERC. a decrease of $120 (a decrease of 4.5 percen0; and a sewer 45 impact fee rate increase from $2.840 per ERC to $2,950 per ERC, an increase of $ I 10 (an increase 46 of 3.9 percent) for all customer classes based on their ERC's equivalents; and FEB 2 5 2003 , pG.. 48 WHEREAS, the above recommended rate decrease for water and rate increase for sewer 49 establish these rates at the maximum levels allowed in accordance with equity tests established 50 and existing pursuant to Florida law; and 51 WI~RF_~S, staff has thoroughly reviewed the Consultant's findings and 52 recommendations and staff concurs with the recommended decr~se to waier and thc 53 recommended iucrease to sewer i~act fe~ rate changes, and staff recommends that the Board of 54 C. oumy Commissioners adopt this Resolution io implement these recommended changes; and 55 WHIiiREAS, the Board of County Commissioners accepts the recommendations of the 56 Consulhm! and from staff. 57 NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY 58 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 59 The Board of County Commissioners hereby declares, afrer advertised public hearing, 60 that the water and sewer impact fee rates set forth in the revised Schedule Two of Appendix A of 61 Ordinance No. 2001-13, as amended, the Collier County Consolidated Impact Fee Ordinance, the 62 same being Schedu]e Two of Appendix A of Chapter 74 of the Collier County Code of Law and 63 Ordinances, atiached hereto, and incorporated be reference herein as Exhibit "A" are fair and 64 reasonable and are to be assessed to those who receive or will receive benefits from increased 65 water facilities capac}ty, increased sewer public facilities capacity, or from both, which increased 66 capacity is necessitated by increased population and related growth driven development. 67 BE 1T FURTHER RESOLVED that these revised water and sewer impact fees will take 68 effect as of 8:00 A.M. on Tuesday, April 1, 2003. 69 This Resolution is adopted after motion; second and majority vote favoring adoption this 70 2003. __,day 71 ATTEST 72 Dwight E. Brock, Clerk 73 74 75 By 76 Deputy Clerk 77 78 79 Approved as to form 80 and legal sufficiency: 8382 Thoma~'~almer, 84 Assistant Comity Attorney BOARD OF COUNTY COMMISSIONERS COLLU~R COUNTY, FLORIDA By: Tom Henmng, Chairman M0. AC,~W~ IT~.# FEB 2 5 200 SINGLE FAMILY (No more than 4 Bathrooms) SINGLE FAMILY (More than 4 Bathrooms) SCHEDULE TWO - EFFECTIVE APRIL 1, 200,3. WATER & SEWER SYSTEM IMPACT FEE RATE SCItEDULE LIVING BASIS OF FEE METER ERC WATER SPACE Al .LOC ATION SrT~ IMPACT (Sq. Ft.) FEE 0 to 4,999 Per Unit aA" 1.0 $2,59t2.Lv2 Sq. Ft. $2,570.00 SEWER IMPACT FEE $2.950.00 Over 5,000 Meter Size/ Per N/A Bas~xl on Sq. Ft. Per Unit Ordinance Meter Size $2,950.00 MULTI-FAMILY DUPLEX MOBIl F. HOME TRAVEL TRA~E~ R.V. (TTRV) MULTI-FAME,Y DUPLEX MOB ILE HOME MULTI-FAMILY DUPLEX MOB n .F. HOME 0 to 750 Per Unit Per .33 $ 90~.00 Sq. Ft. Per Unit Ordinance $ 860.00 Per Unit or Space Per Unit or Space 751 to 1,500 Per Unit Per .67 $ I,E2~.00 Sq. Ft. Per Unit Ordinance $ 1.710.00 Per Unit or Space 1.501 or More Per Unit Per 1.0 $2,7~.0.~ Sq. Ft. Per Unit Ordinance $2.570.00 Per umt or Space $ 98o.oo $1.970.00 $2.950.00 NON-RESIDENTIAL: WATER METER SITR WATER SEWER IMPACT nV[PACT FEE FEE ~A 1 1V~ 2 3 4 6 8 10 12 $ 2,690.00 $ 2.570.00 $ 2,690.L~ $ 2.570.00 $ 6,~59.00 $ 6.425.00 $12,850.00 $ 21,920.00 $ 20,560.00 $ $ 41,120.00 $ 64,25o.oo $128,500.00 $2 ! 9,200.LuL2 $231.300.00 $372.650.00 $5~9,100.00 $552.550.00 2,950.00 2,950.00 7, iLY2.~r~2 7.375.00 14,750.00 23,600.00 47,200.00 71,~"Y~.OLJ 73.750.~ $147~.~ $265~ffi.~ ~27~750.ffi $634.25~ A~A I FEB 2 5 EXECUTIVE SUMMARY ADOPT A RESOLUTION Ai;/IENDING THE WATER, SEWER, FIRE METER AND SURCHARGE RATES, WHICH IS SCHEDULE ONE OF APPENDIX A TO SECTION FOUR OF THE COLLIER COUNTY ORDINANCE NO. 2001-73, TITLED THE COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE. OBJECTIVE: Board of County Commissioners adoption of a Resolution amending the water, sewer, fire meter and surcharge rates, which is Schedule One of Appendix A to Section Four of the Collier County Ordinance No. 2001-73, titled the Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance. CONSIDERATIONS: The revised water, sewer, fire meter and surcharge rates are used to recover system operation, maintenance, renewal enhancement, replacement and debt service costs from residential and non-residential property owner system users within the boundaries of the Collier County Water-Sewer District. On December 11, 2001 the Board of County Commissioners adopted an Ordinance No. 2001-73, entitled the Collier County Water-Sewer District Uniform Billing and Regulatory Standards Ordinance, and increased the water-sewer user rates and directed staff to update the user rates after one year. As a result, staff hired Consultants Greeley and Hansen to update the Collier County Water and Sewer District Master Plans and Public Resource Management Group to prepare the study and update the water, sewer user rates. These three proactive measures as they relate to Water-Sewer District services are on the Board's agenda today for approval. These are: Updated Water Master Plan Updated Sewer Master Plan Water and Sewer User Rate Study The Master Plans were prepared to ensure that the Water-Sewer District takes a comprehensive approach to meet the demands of the citizens of Collier County. The plans provide the framework for fidelity between master planning and facility operations, and synchronize water and sewer projects with those of other county departments. Finally, in order to meet the user demands, the master plans provide a comprehensive approach to ensure the reliability of the utility operations. .0. FEB 2 5 2003 PG. I 'The [Jser Rate Consultant has recommended user rate increases to fund improvements to reliability of water and sewer systems at an estimated cost to the system's users of appro:',imately three hundred and seventy - eight million ($378 million) over the next five (5) years. The methodology utilized to prepare the analysis is consistent with the approach used in the previous years study. The Rate Study Bdefing Document (Water and Sewer Rate Consultants Executive Summary) attached is designed to establish water and sewer user rates. As can be seen in the attached bdefing document, rates for water and sewer complement both the impact fees levied and the Master Plan(s) approved by the Board of County Commissioners. The proposed user rates were presented to the Productivity Committee on January 15, 2003. Major and significant changes are summarized below: The effect of the user rate increases are minimized on the Iow-end users; the average rate changes and percentage increases are noted in the table in the fiscal impact section below. 2. The rate adjustments are reflected to include the annual increases in the Consumer Price Index (CPI). 3. The rate adjustments are calculated and recommended for two consecutive years. 4. A surcharge on consumption is recommended for periods of mandatory water restrictions. The purpose of the surcharge is to maintain revenues in the System to preserve financial stability and operating margins to meet its financial commitments and promote conservation due to the imposition of the mandatory water restrictions by the South Florida Water Management District (SFWMD). The proposed surcharge would be applied only if the South Florida Water Management District imposed water restriction phases, and would be effective only for non-indoor high-use consumption. The procedure to assess and collect the surcharge is explained in the attached Exhibit 1. The recommended water and sewer rates in this agenda item are based on October 1,2003 and October 1,2004. FEB 2 5 2093 GROWTH MANAGEMENT IMPACT: The proposed Water and Sewer rates are designed to provide funding for operation and maintenance and repair replacement costs. These rates also provide supplemental funding for water and sewer capital improvements required if the proposed Water and Sewer Master Plans are adopted. FISCAL IMPACT: The additional rate revenue anticipated to be generated by the recommended water and sewer fees over the next five (5) years is: Water = $11,810,000 Sewer = $16,081,000 $27,891,000 The impact to a single-family residential user of both water and sewer services who has a % inch water meter can be estimated from the following charts: Individually Metered Residential Customer Impact Under Proposed Water Rates Usage (Gallons) 5,000 8,000 10,000 20,000 30,000 50,000 Existing Rates $19.20 $24.60 $28.20 $52.20 Fiscal Year 2004 Rates 19.70 26.00 30.20 57.20 Difference From Existing Rates $0.50 $1.40 $2.00 $5.00 Percent Difference 2.6% 5.7% 7.1% ~ $82.70 $155.70 91.20 173.20 $8.50 $17.50 Fiscal Year 2005 Rates $20.30 $26.90 Difference From Existing Rates $1.10 $2.30 Percent Difference 5.7% 9.3% $31.30 $60.30 $97.30 $187.30 $3.10 $8.10 $14.60 $31.60 ..1J..,_0_% 15.5% 17.7% 20.3% FEB 2 5 2003 Individually Metered Residential Customer Impact Under Proposed Wastewater Rates Usa[to (Gallons) Existing Rates $29.10 $35.76 Fiscal Year 2004 Rates 30.70 38.02 Difference From Existing Rates $1.60 $2.26 Percent Difference 5.5% 6.3% 5,000 8,000 10,000 20,000 30,000 50,000 $40.20 $51.30 $51.30 $51.30 42.90 55.10 55.10 55.10 $2.70 $3.80 $3.80 $3.80 6.7% 7.4% 7.4% 7.4% Fiscal Year 2005 Rates $32.40 Difference From Existing Rates $3.30 Percent Difference 11,3% $40.44 $45.80 $59.20 $59.20 $59.20 $4.68 $5.60 $7.90 $7.90 $7.90 13.1% 13.9% 15.4% 15.4% 15.4% RECOMMENDATION: Adopt a Resolution amending the Water, Sewer, Fire Meter and Surcharge Rates, which is Schedule One of Appendix A to Section Four of the Collier County Ordinance No. 2001-73, titled the Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance. Prepared by: B . Sridhar Sr. Management and Budget Analyst Public Utilities Reviewed by: Johh Utilit~illing and Customer Se~ice Approved,y: Tom W~des, Director-Operations Public Utilities Approved ~y: ~~~~ Oames W. Dekony - Admihis~tor ~u~lic ~tilitios Date: Date: 'P_l \ ~--,/c~ Date: ~./x ~../c~ ~.. Date: '~-~x'~.~ Public Resources Management Group, Inc. Utility, Rate, Financial and Management Consultants 341 Maitland Avenue, Suite 300, Maitland, FL 32751 Telephone (407) 628-2600 · Fax (407) 628-2610 Email Address: prmg~prmginc.com February l8,2003 PRMG #1125-04 Board of County Commissioners of Collier County 3301 Tamiami Trail East Naples, FL 34112 Subject: Executive Summary For Update of Water and Wastewater Rate Study Ladies and Gentlemen: Public Resources Management Group, Inc. (PRMG) has completed our update of the Water and Wastewater Rate Study for the Collier County (the "County") Water-Sewer District (the "District") water and wastewater system (the "System"), and have summarized the results of our analyses, assumptions, and conclusions in this letter report, which is submitted for your consideration. Based on the assumptions relied upon in the development of the System expenditure needs, PRMG has identified a series of rate adjustments for both the water and wastewater system which we are recommending for adoption. The proposed rate adjustments are considered necessary by PRMG to i) continue to fund the costs of operations which continue to increase due to inflation, System growth, and other factors; ii) meet the financial requirements associated with funding the capital improvement program of the System for asset replacement, reliability, and expansion; and iii) maintain appropriate System operating reserves and margins. The recommended rate adjustments include allowances for both inflation (Consumer Price Index) on the cost of service and a general price increase to recover the identified expenditure requirements. Specifically, the report recommends two rate adjustments for both the water and wastewater systems to become effective on October 1, 2003 and October 1, 2004, respectively. For the water system, our recommendation is for two 5.75% water rate adjustments while, for the wastewater system, our recommendation is for two 6.5% wastewater rate adjustments. The proposed rates are summarized in Table ES-1 at the end of this letter. The proposed rates are expected to be sufficient to provide revenues to meet the total costs anticipated for the District System over the next twO years. Furthermore, the proposed rates (1) further promote the conservation of water resour':es; (2) should provide sufficient revenues which are in compliance with rate covenants as required by the District's authorizing Bond Resolution and SRF loan agreements; and (3) are competitive with the rates charged by neighboring utility systems. AG~ FEB 2 5 2003 Board of County Commissioners of Collier County -F~bmar~ 18, 2003 Page 2 We appreciate the opportunity to be of service to the County and would like to thank the County's staff for their assistance and cooperation during the course of this study. Respectfully submitted, Public Resources Management Group, Inc. Robert Ori President Bryan A. Mantz Rate Consultant FEB 2 § 2003 Page 1 of 2 COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM OPERATION AND REGULATORY STANDARDS APPENDIX A - SCHEDULE 1 S-~mm'v of Exisfin~ and _Pm0oaed Rates Warn Sysmn Effectivc O~to~er !. 2OO$ i. (a) WATER SERVICE AVAILABILITY CHARGES (Rcsimmiak Mum-Fame, Coaumrc~ md migation onty) Pronomd Meter Siz~ 5/8" $12.~ $1230 $12.60 s-~ nn 12.30 12.60 !' 26.? 27.10 27.80 !-1/4' 33.~ ~4.40 ~.20 1.1/2- 59.40 51.70 53.00 81.20 $3.20 2" 79.20 3" ! ~6.~0 150.10 153.80 4- 2~2.~,9 248.50 254.60 ~0-~ .~n 494.50 ~06.60 8" 779.~9 799.70 809.00 , ao~ nn 1,429.30 1,464.20 12" 1 ,°.0~°3 .? 1,930.50 1,977.60 Effect~e October 1. 2004 Co) VOLUME CHARGE PER !,000 GALLONS (Rcsidcntial, Multi-Family, Commcrcial, and Irrigation Only) Block 1 $!.4a. $1.48 $1.54 Block 2 !.80 2.10 2.20 Block 3 2. *.9 2.70 2.90 Block 4 3.05 3A0 3.70 Block 5 3.65 4. i 0 4.50 Block 6 4,4-5 4.90 5.50 BLOCK RATE STRUCTURE (Rcsidcmial, Multi-Family, Commercial, and Irrigation Only) Meter Size Block l Block 2 Block 3 Block 4 Block 5 Block 6 5/8' 5,000 ! 0,000 20,000 30,000 50,000 Over 50,000 ~" 5,000 I 0,000 20,000 30,000 50,000 Over 50,000 1. 12,000 25,000 50,000 75,000 120,000 Over 120,000 I - 1/4" 20,000 40,000 80,000 ! 20,000 200,000 Over 200,000 1-1/2" 25,000 50,000 100,000 150,000 250,000 Over 250,000 2" 40,000 80,000 160,000 240,000 400,000 Over 400,000 3" 80,000 160,000 320,000 480,000 800,000 Over 800,000 4" 120,000 250,000 500,000 800,000 1,200,000 Over 1,200,000 6" 250,000 500,000 !,000,000 1,500,000 2,500,000 Over 2,500,000 8' 450,000 900,000 1,800,000 2,700,000 4,500,000 Over 4,500,000 I 0" 700,000 1,450,000 2,900,000 4,300,000 7,000,000 Ove~ 7,000,000 12" 1,075,000 2,150,000 4,300,000 6,450,000 i 1,000,00 Over I 1,000,000 2. F~ Systems (Dedicat~ and Compound) (a) Fire M~ter (i) Fir~ Servic~ ngt~ siz~ will ~-fz'r to th~ largest ~ m~t~ t~'gist~ ~ for lug ~- (ii) F~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~c biH~ ~ ~ ~ ~ ~ve (b) Volu~c Chics: (i) Pcr 1,000 gallons $1 .a.a. $1.4.1~ $1.54 FEB 2 5 2003 Page 2 of 2 COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM OPERATION AND REGULATORY STANDARDS APPENDIX A - SCHEDULE 1 3. Water Restriction Surcharge: Water Shortage Phase * Percent Reduction in Overall Demand Flow Charge Rate Adjusm~nt Percentage Phase 1 - Moderate Less Than 15% 15% Phase 2 - Severe Less Than 30% 30% Phase 3 - Extreme Less Than 40% 40% Phase 4 - Critic, al Less Than 60% 60% * Per The South Florida Water Management District (SFWMD) Water Shortage Plan Pursuant to Chapter 40E-21 of the Florida AdminisWative Code (FAC). Summary of Existing aad Proposed Rates S~wer System Eff~'tive October 1, 2003 4. WASTEWATER SERVICE AVAILABILITY CHARGES (Residential, Multi-Family, and Commercial) Meter Size 5/8" $!?..00 $18.50 sA" !?..00 18.50 I" ~.0.95 42.10 l-I/4" 52.~5 53.90 t - I/2" 79.20 8 ! .40 2" 125.!0 128.60 3" 232.20 238.70 4" ~°5.20 395.90 6' 767.70 789.00 8" ! ~26.70 1.260.80 10' 2,1 ~°97.0 2.260.50 12" ~ 3350.50 Prooosexl ( * I VOLUME CHARGE PER 1,000 GALLONS (Residential, Multi-Family, and Comngr¢ial) All Usage (1) ~--..22 $2.44 (1) Monthly indiv/dually metered residential usage charges am capped at 15,000 gallons. (*) Proposed rntes to become effectiw wifll service I~nd~:n~d on and at~r ~ 1~ of~ fi~al Y~I' indi~t~:L Effective October 1, 2004 $19.00 19.00 43.20 55.40 83.60 132.10 245.20 406.60 810.~0 1,294.90 2321.60 3,441.o~ FEB 2 5 2003 EXECUTIVE SUMMARY FOR WATER AND WASTEWATER RATE STUDY UPDATE Introduction The operation of the Water-Sewer District (the "District) for Collier County (the "County") is accounted for as a utility enterprise fund. General accounting policies and prudent utility management require that the Water and Sewer System (the "System") must have revenues (financial resources) at least equal to the costs of providing services by the System. As such, the County should establish rates sufficient to meet the cost of operating, maintaining, repairing and financing the System. Ordinance No. 2001-73, which was adopted by the Board of County Commissioners (the "BOCC") of Collier County on December 11, 2001, (the "Rate Ordinance") established the District's current water and wastewater rates. These rates became effective on April 1, 2002 and were adopted by the BOCC pursuant to a rate study prepared by Public Resources Management Group, Inc. (PRMG) dated November 2001 (the "Rate Study"). As part of the adoption of the Rate Study, the BOCC requested that the financial forecast included in the Rate Study be updated annually with the results, including any proposed changes to rates, being presented to the BOCC to ensure overall compliance with the needs of the service area. This report represents the first update to the Rate Study. The remainder of this report provides a discussion of the service area needs, financial requirements for the individual water and wastewater systems, design of the proposed rates and the economic effect upon the customers, and a comparison of the proposed rates with those of neighboring utilities. Water and Wastewater Customer Statistics During the Fiscal Year ended September 30, 2002 (whereby the fiscal year is defined as the twelve months ended September 30th), the System provided service to an average of 39,580 water customers and 41,001 wastewater customers. A summary of the water customers by meter size and customer class is shown as follows: Total Water System Average MOnthly Accounts By Class and Meter Size (*) Individually Metered Master Metered Total Accounts Meter Size Residential Residential Commercial Irrigation Amount Percent 5/8-inch 5,535 11 I 170 11 5,827 14.72% 3/4-inch 28,226 177 964 108 29,475 74.47% I -inch 695 133 301 63 I, 192 3.01% 1-1/4-inch I 10 I 3 15 0.04% I -I/2-inch 48 915 265 52 1,280 3.23% 2-inch 6 1,126 249 71 1,452 3.67% 3 -inch 0 93 60 5 158 0.40% 4-inch 0 92 34 6 132 0.33% 6-inch 0 36 5 0 41 0.10% 8-inch 0 I 6 0 7 0.02% I O-inch 0 0 1 0 I 0.00% Totals 34.511 2.694 2.056 319 39_580 100.00% Percent of Total 87.19% 6.81% 5.19% 0.81% 19°00% (*) Amounts based on Monthly Summary (customer billing) Reports provided by the County for Fiscal Year 2002. -1- FEB 2 5 20O3 The following is a summary of the average wastewater accounts served by meter size for the Fiscal Year 2002: Total Wastewater System Averal[e Monthl~v Accounts B~, Class and Meter Individually Metered Master Metered Meter Size Residential Residential Commercial Special Sewer Size (*) Total Accounts Amount Percent 5/8-inch 6,231 206 229 0 6,666 16.26% 3/4-inch 28,61 i 294 1,222 0 30, i 27 73.48% I-inch 732 172 397 0 1,301 3.17% I - 1/4-inch I 10 5 0 16 0.04% I - 1/2-inch 39 959 297 0 ! ,295 3.16% 2-inch 3 1,106 210 0 1,319 3.22% 3-inch 0 108 36 0 144 0.35% 4-inch 0 83 15 0 98 0.24% 6-inch 0 23 3 0 26 0.06% 8-inch 0 2 3 3 8 0.02% I O-inch 0 0 0 _0_ 0 0.00% Totals 35_617 2.963 2.417 ,,3. 41.001 100.00% Percent of Total 86.87% 7.23% 5.89% 0.01% 10000% (*) Amounts based on Monthly Summary (customer billing) Reports provided by the Coun~ for Fiscal Year 200Z As can be seen in the preceding tables, the residential class represents the majority of the accounts served. However, the System also provides service to a significant amount of large customers (customers with meter size greater than 1 inch). In order to present the service area requirements on a more consistent basis, the number of equivalent residential connections (ERC's) was determined. An ERC, sometimes referred to as an "Equivalent Residential Unit" or "Equivalent Dwelling Unit," is defined in the Rate Ordinance as "...the equivalent usage requirements of an average single-family residential connection. It is used as factor to convert a given average daily water or wastewater requirement to the equivalent number of single-family residential connections." For the purpose of obtaining the number of ERC's served, meter equivalent factors based on information published by the American Water Works Association (AWWA), which is used by several utilities including the County in ratemaking activities, served as the basis for such ERC determination. As can be seen in the following table, the ERC's served for the water system was estimated to be approximately 64% greater than the accounts served whereas, for the wastewater system, the ERC's served was approximately 55% higher than the accounts served: -2- Summary of Average Monthly ERC's Served - Fiscal Year 2002 (*) Water Wastewater Amount Percent Amount Percent Individually Metered Residential 35,792 55.24% 36,898 58.02% Master Metered Residential 19,831 30.61% 19,567 30.77% Commercial 7,830 12.09% 6,895 10.84% Irrigation 1,338 2.06% N/A N/A Special Sewer N/A N/A 240 0.38% Total ERC's 64.791 ~ 63.600 100.00% Total Accounts 39,580 41,001 Percent Difference 63.70% 55.12% (*) Amounts based on meter equivalent factors based on information published by AWWA and used by utilities in general ratemaking activities. Water and Wastewater Customer Usage Profile The County's current water rate structure includes several consumption blocks priced at different levels to encourage water conservation. Although the usage block structure changed in Fiscal Year 2002 based on the recommendations of the Rate Study and a full year of billing data under the new rate structure was unavailable, PRMG determined that bill frequency data compiled in Fiscal Year 2001 was representative of by-class usage relationships that occurred during the Fiscal Year 2002. A summary of the FisCal Year estimated 2002 water use billed by consumption block is shown as follows: -3- FEB 2 5 20O3 p~ ..... /I Average Billed Monthly Consumption (l) Individually Metered Residential Master-Metered Residential Commercial lrril~ation Consumption Consumption Consumption Consumption (000's) Percent (000's) Percent (000's) Percent (000's) Percent Block I 1,489,392 43.23% 1,282,245 58.91% 407,206 29.45% 63,530 12.77% Block 2 742,220 21.54% 266,129 12.23% 246,293 17.81% 56,457 ! 1.35% Block 3 701,692 20.37% 375,418 17.25% 270,059 19.53% 90,841 18.26% Block 4 309,278 8.98% 133,743 6.14% 138,970 10.05% 67,373 13.54% Block 5 197,815 5.74% 74,040 3.40% 129,263 9.35% 84,319 16.95% Block 6 4,631 0.13% 45,174 2.08% 190,867 13.80% 135,079 27.15% 3.445.027 ~ ~ ~ 1.382.657 100.00% 497598 (I) Blocks vary by meter size in accordance with the following table: BLOCK RATE STRUCTURE (Residential. Multi-Family. Comm~-clal. and Irrigation) Meter Size Block I Block 2 Block 3 Block 4 Block 5 Block 6 5/8" 5.000 10.000 20.000 30.000 50.000 Over 50.000 3 4" 5.000 10.000 20,000 30,000 50,000 Over 50.000 I" 12,000 25.000 50.000 75.000 120.000 Over 120,000 I -1/4" 20.000 40.000 80,000 120.000 200,000 Over 200.000 I - 1 2" 25.000 50,000 100.000 150,000 250.000 Over 250.000 2" 40.000 80.000 160.000 240.000 400.000 Over 400,000 3" 80.000 160.000 320.000 480.000 800.000 Over 800,000 4" 120,000 250.000 500.000 800.000 1,200.000 Over 1,200,000 6" 250.000 500,000 1.000.000 1.500.000 2.500.000 Over 2,500.0~ 8" 450.000 900.000 1.800.000 2,700,000 4,500,000 Over 4,500.000 I0" 700.000 1,450.000 2.900.000 4,300,000 7.000,000 Over 7,000,000 12" 1,075.000 2,150.000 4.300,000 6.450.000 I 1.000.000 Over I 1.000.000 With respect to the wastewater system, the existing rate structure for the residential class has a 15,000-gallon billing threshold. Based on the Fiscal Year 2001 bill frequency information, it was estimated that approximately 66% of all individually-metered residential water is billed the wastewater flow charge up to the 15,000-gallon billing threshold. There is no billing threshold on multi-family, commercial, and special sewer wastewater gallons. Customer and Sales Forecast Over the past five years, the System has enjoyed a stable growth rate in accounts, which increased at a compound rate ranging from 6% to 7%. However, this growth rate is expected to decrease over time as the District service area expands and begins to approach a mature development condition. As shown on Tables 1 and 2 at the end of the report, the anticipated growth in water and wastewater customers for the forecast period recognized in this report (five fiscal years ending 2007) is expected to approximate 5.0% compounded annually. This forecast is summarized in the following tabulation by utility: -4- AG~ NOA I T£~.~ no. FEB 2 5 2003 PG. [~L, Forecast of Accounts and Usage Water System [ 1 ] Wastewater System [ 1 ] Monthly Monthly Annual Sales Monthly Monthly Billed Flow Fiscal Year Accounts ERC's (kgal) Accounts ERC's (kgal) 2002 (actual) 39,580 64,791 7,502,031 41,001 63,600 7,397,706 2003 41,974 68,341 7,686,869 43,363 66,966 7,544,293 2004 44,337 71,849 8,079,994 45,701 70,282 7,901,739 2005 46,669 75,283 8,463,223 48,014 73,547 8,270,462 2006 48,969 78,641 8,836,556 50,288 76,726 8,625,506 2007 51,239 81,924 9,199,993 52,538 79,852 8,974,709 Compound Growth Rate 5.30% 4.80% 4.16% 5.08% 4.66% 3.940/0 [1 ] Amounts shown reflect the sum of all customer classes and were derived fi.om Tables I and 2 for the water and wastewater systems, respectively. Revenues From Existing Rates The forecast of the revenues from existing rates was based on: i) the projection of System accounts and corresponding water and wastewater consumption as shown on Tables 1 and 2 for the water and wastewater systems, respectively; and ii) the existing rates for monthly water and wastewater service as adopted by the County pursuant to the Rate Ordinance. A summary of the estimated water revenues derived from existing rates is included on Table 3 at the end of this report. A similar summary of the determination of the estimated rate revenues for the wastewater system is included on Table 4. Based on the assumptions for the customer forecast and recognizing the rates currently in effect, the following estimate in rate revenues was assumed for the purposes of this report: Projected Revenues from Existing Rates Fiscal Year Water System [1 ] Wastewater System [2] Total System 2003 $25,201,856 $30,404,005 $55,605,861 2004 26,502,769 31,882,241 58,385,010 2005 27,771,980 33,375,224 61,147,204 2006 29,009,489 34,820,645 63,830,134 2007 30,215,298 36,242,812 66,458,110 Compound Growth Rate 4.64% 4.49% 4.56% [ 1 ] Amounts derived from Table 3. [2] Amounts derived from Table 4. The primary reason for the rate of growth in rate revenues being less than the growth in accounts served is due to the estimated effects of water conservation pricing on metered water use (which also affects wastewater billable flow). Currently, the usage component of the rate contributes to over 64% of the total revenue derived from monthly rates for service. -5- FEB 2 5 2003 PG. I~ Revenue Requirements - Principal Assumptions and Considerations The development of the projected revenue requirements is shown on Tables 5 and 6 at the end of this report for the water and wastewater systems, respectively. The analyses included on these tables required certain assumptions and considerations. Major assumptions, considerations, and analyses that are included in the development of the projected revenue requirements for the study period are as follows: The approved Fiscal Year 2003 Operating and Capital Budget associated with the operations of the District System as provided by the County served as the basis for the expenditure projections, and the underlying assumptions reflected in such budget were assumed to be reasonable and representative of anticipated operations. Such budgetary amounts represent the most recent financial forecast of the utility system as approved by the BOCC and were based on historical operating results and trends. Table 7 at the end of this report summarizes the projected operations and maintenance expenses for the System as budgeted for the Fiscal Year 2003, any adjustments made to the forecast for ratemaking considerations, and the allocation of such expenses between the water and wastewater systems. This allocation of cost between the two utility systems served as the basis for the projection of respective utility system costs for the remainder of the forecast period. The allocation of the operation and maintenance costs between the two utility systems was based on: i) the functional nature of each cost center (e.g., water treatment allocated to water); ii)the purpose of such cost center and the specific costs reflected in such cost center; and iii)discussions with County staff. The following is a summary of the operating expense allocation for the Fiscal Year 2003 as recognized in this study: Fiscal Year 2003 - Operating Expense Allocation (*) Amount Percent Water System $18,491,810 47.10% Wastewater System 20,766,689 52.90% Total $ 39..258:500 100.00% i*) Amounts derived from Table 7; amounts shown do not include Departmental Capital expenditures which are included as a cost for the Capital Plan. Projected revenues from current rates and charges for the County's water and wastewater systems have been based on the schedule of rates and charges currently in effect as of the date of this report. Such rates were applied to the customer and sales usage forecast discussed previously in the report. The independent revenue projections recognize an overall increase in utility rate revenues due primarily to anticipated growth of the service area. The operation and maintenance expenses for the water and wastewater systems budgeted for the Fiscal Year 2003 were projected for the remaining four (4) years of the forecast period (through Fiscal Year 2007). These projections are illustrated on Tables 8 and 9 for the water -6- NO. Ix*~ FEB 2 5 2003 PG.. It~ _ and wastewater systems, respectively. The projected operating expenses were developed for the study as follows: a) Budgeted Fiscal Year 2003 operating expenses such as professional services, other contractual services, communications expense, materials and supplies expense, and certain other operating expenses have been projected to increase from current budgetary levels at annual inflation rates ranging from 1.0 to 2.5%. The forecast of inflation was based upon the consumer price index (CPI) forecast prepared by the Congressional Budget Office as contained in the "Economic and Budget Outlook" report dated August 2002. Additionally, based on historical trends and discussions with the County, repair and maintenance expenses were escalated at a 5.0% annual rate, while property/general insurance was escalated at 20.0% annually. b) Based on discussions with the County staff,'the costs of the utility system's salaries and benefits were increased above Fiscal Year 2003 budgeted amounts by 4.4% to reflect cost-of-living adjustments, merit increases, and rising health insurance costs. The projection of variable costs for water and wastewater systems operations, which would include such expenses as utility services (electricity), chemicals, and sludge disposal was based on the projected growth in water production and wastewater treated plus an allowance for inflationary unit price increases for such services and supplies. Based on discussions with County staff and its consulting engineers, no material increase in power and chemicals was assumed based on the imposition of the Capital Improvement Plan as discussed later in this section since the projections reflected in the study include allowances for growth. In the projection of the estimated expenditure requirements, a contingency allowance has been included in the financial forecast. The contingency allowance assumed for the development of the projected revenue requirements represents approximately 3.0% of the total combined water and wastewater operating expenses and for the Fiscal Year 2003 was estimated to be approximately $1,090,000. The allowance has been included as an operating expense in order to have sufficient funds to meet unknown or unplanned expenses throughout the fiscal year and to recognize potential changes in revenues that may result due to weather, conservation, and other factors. To the extent the contingency allowance is not required to meet annual operating expenses or provide funds for ongoing System operations, such monies would accrue to the benefit'of the System and could be used for other purposes such as funding a capital account to finance renewals, replacements, and upgrades to the utility system over time. The financial projections of the utility operating expenses as reflected on Tables 8 and 9 include the recognition of additional employees that are anticipated to be required to meet the increased service level needs/requirements of the utility system. The recognition of the additional employees, as shown in Table 10 at the end of the report, was based on discussions with County staff and is primarily due to serving the increased growth of the utility system service area (i.e., increases in the number of customer served which pose a greater demand on the existing employee availability) and for the staffing of water and wastewater treatment plant additions. The following table summarizes the additional -7- FEB 2 5 2003 PG. t..e 10. employees recognized in the financial forecast above the level of personnel assumed in the Fiscal Year 2003 budget: Additional Annual Number of Fiscal Year Personnel Services Department Employees Recognized Cost (*) Water Treatment - South County WTP Water Distribution Water Distribution Water Distribution Water Distribution Water Maintenance Water Maintenance Water Laboratory Water Laboratory Sewer Collection - Sewer CoLlection Sewer Treatment - South County WRF Sewer Treatment - NECWRF - New I 2004 $50,000 3 2004 110,700 3 2005 115,571 2 2006 80,437 2 2007 83,977 I 2006 40,219 I 2007 41,988 I 2004 40,600 I 2006 44,251 3 2004 147,171 I 2007 55,000 2 2004 109,536 4 2006 232,000 25 (*) Reflects salary and benefits in year of addition; derived from Table 10. Included as an operating expense for the forecast period is an allowance for indirect costs for anticipated charges made by the County's General Fund to the utility system. The estimate of the indirect charges for the Fiscal Year 2003 was based on the indirect cost allocation estimate prepared by the County and included as a cost component of the Fiscal Year 2003 Budget. For the remainder of the forecast period, such amounts were increased for inflationary allowances since the primary purpose of this expenditure is to reimburse the County's General Fund for those expenses that are accounted for in such fund but provide benefit to the utility system. An example of such expenditures would include, but would not be limited to, management and business planning expenses linked to the BOCC, the County Administration and administrative support staff, human resources, finance and accounting, record keeping and management information systems (MIS) activities, purchasing, and other related expenditures as identified by the County which provide benefit to the utility system. Also included as a revenue requirement funded from rate revenues is an operating transfer to the County's General Fund associated with a payment in lieu of property assessment tax. Based on discussions with the County, this revenue requirement would be equivalent to the receipt of funds from the application of a property tax assuming the System were operated as a private utility. For the purposes of this analysis, the increase in the Property Tax Assessment for the forecast period was adjusted for inflationary allowances. Recognition of 'this revenue requirement is a business policy of the County and PRMG has no opinion on the appropriateness of such expense. This revenue requirement was recognized as an operating expense payable prior to the payment of debt service on any long-term borrowing by the County for System improvements. For the purposes of this study, amounts associated with depreciation and amortization expenses have not been recognized in this analysis. These expenditures are non-cash in -8- FEB 2 5 2003 pc-. [~, nature and are also not considered as operating expenses for ratemaking purposes under a publicly-owned utility system basis (and which incorporate revenue bond financing for capital improvements). Therefore, such amounts have not been recognized as a revenue requirement to be recovered from rates for the forecast period. It should be noted, and will be discussed later, that an allowance for the funding of capital projects, renewals and replacements, and/or reserves has been recognized which essentially provides the cash funding of these expenses. 11. As of October 1, 2002, the System had outstanding $115,566,676 principal amount of Senior Lien and Junior Lien Bonds (collectively, the "Utility Revenue Bonds") allocable to the System as summarized in the following table: Description Principal Outstanding as of October 1, 2002 Senior Lien Bonds Water and Sewer Refunding Revenue Bonds, Series 1994A (Taxable) (the "Series 1994A Bonds") Water and Sewer Refunding Revenue Bonds, Series 1994B (the "Series 1994B Bonds") Water and Sewer Refunding Revenue Bonds, Series 1999A (the "Series 1999A Bonds") Water and Sewer Refunding Revenue Bonds, Series 1999B (the "Series 1999B Bonds") $14,550,000 37,401,250 6,075,000 19,628,750 Total Senior Lien Bonds $77,655,000 Junior Lien Bonds State Revolving Loan - CS 120597070 State Revolving Loan - CS 120597090 State Revolving Loan - CS 120597100 $7,805,220 11,333,407 18,773,049 Total Junior Lien Bonds $37,911,676 Total Outstanding Bond Indebtedness $115.566.676 The Senior Lien Bonds were originally issued to finance a variety of System projects, but were subsequently re,anded to achieve interest rate savings (benefit) for the System. The payment of the Senior Lien Bonds is from the Pledged Revenues of the System which include revenues derived from the application of the monthly rates for service and, where applicable, System impact fees. The outstanding Junior Lien Bonds represent loans derived from the State of Florida which are administered by the Florida Department of Environmental Protection (FDEP) associated with the State Revolving Loan Program (SRF). These loans are allocable entirely to the wastewater system. The payment of the Junior Lien Bonds is from the Pledged Revenues of the System after the payment of all Senior Lien Debt. i NO.__ FEB 2 5 2003 The allocation of the annual debt service on the Utility Revenue Bonds between the water and wastewater systems was based on the estimate of the projects financed by the issuance of such bonds. Based on information provided by the County, the debt service principal outstanding allocated among the utility systems was assumed to be as follows: 12. 13. Principal Outstanding as of October 1, 2002 Percent of Total Debt Water System Senior Lien Bonds $52,376,156 45.32% Junior Lien Bonds 0 0.00 Wastewater System Senior Lien Bonds S25,278,844 21.87 Junior Lien Bonds 37,911,676 32.81 Total Utility System $115:566:676 100.00% The debt service payments associated with the Utility Revenue Bonds as reflected in the development of the revenue requirements herein were based on the actual debt service schedules associated with such bonds. In addition, the debt service payments shown in this study were based on the funding requirements from revenues to the Sinking Fund as required by the Bond Resolution that authorized the issuance of the bonds (i.e., accrual basis) as opposed to when the debt service requirements are actually paid. In order to fund the Capital Plan of the System, additional bonds were assumed to be issued consistent with the capital funding plans based on the estimated construction drawdown or needs schedule as identified in the 2002 Master Plan Update and the availability of funds for capital funding purposes. With respect to the additional Senior Lien Bonds, such bonds were assumed to be issued on parity with the outstanding Senior Lien Bonds and in accordance with the provisions of the Bond Resolution. The following additional Senior Lien Bonds were recognized in the financing plan reflected in this report: Additional Senior Lien Bonds Principal Amount Water and Sewer Revenue Bonds, Series 2005 (the "Series 2005 Bonds") Water and Sewer Revenue Bonds, Series 2007 (the "Series 2007 Bonds") Water and Sewer Revenue Bonds, Series 2009 (the "Series 2009 Bonds") $173,345,000 72,060,000 · 8,310,000 Total Additional Senior Lien Bonds With respect to the determination of the annual debt service requirements on the additional Senior Lien Bonds, it was assumed that the County would fund the construction of the projects by use of a commercial paper program. It was assumed that i) the commercial paper program would be incurred on a basis consistent with the project schedule (drawdown) construction; ii) the interest expense on the use of commercial paper proceeds -I0- FEB 2 5 2003 p~ I R' would be 200 basis points less than the cost of borrowing assuming thirty-year tax exempt debt; and iii) interest expense would be capitalized as part of the commercial paper program and be part of the overall principal amount of the permanent financing at the end of the construction period. The assumptions for the permanent financing included the following: i) a term of thirty years for each series of additional Senior Lien Bonds; ii) an average annual interest rate of 5.25% for the Series 2005 Bonds and a rate of 6.00% for the Series 2007 and Series 2009 Bonds; iii) level debt service payments with no additional interest expense being capitalized once the bonds were issued; iv) the funding of the debt service reserve requirement assuming the issuance of a reserve account letter of credit or surety instead of the cash funding of the requirement from the proceeds for each series of bonds; and v) the funding of issuance expenses, including the cost of the debt service surety, approximating 5.8% of the total proceeds of each series of bonds. The debt service requirements were · allocated between the water and wastewater systems based on the projects assumed to be financed which resulted in the following debt service allocation: Series of Bonds Percent to Water Percent to Wastewater Series 2005 Bonds 53.45% 46.55% Series 2007 Bonds 61.93% 38.07% Series 2009 Bonds 55.76% 44.24% With respect to the additional Junior Lien Bonds, such bonds were assumed to be issued on parity with the outstanding Junior Lien Bonds and in accordance with the provisions of the of the Loan Agreement between the County and the FDEP as it relates to the SRF Loan Program (all Junior Lien Bonds are SRF Loans). The following additional Junior Lien Bonds were recognized in the financing plan reflected in this report: Additional Junior Lien Bonds Principal Amount Sewer SRF Loan, Series 2003 (the "Series 2003 SRF') Sewer SRF Loan, Series 2004 (the "Series 2004 SRF") · Sewer SRF Loan, Series 2005 (the "Series 2005 SRF') $59,303,600 21,142.900 19,60'5,100 Total Additional Junior Lien Bonds $100:051:600 The assumptions assumed for the issuance of the additional Junior Lien Bonds included the following: i) a term of twenty years for each series of additional Junior Lien Bonds; ii) an average annual interest rate of 3.01% for the Series 2003 SRF and a rate of 3.25% for both the Series 2005 SRF and Series 2007 SPY; iii) interest expense capitalized during the construction period based on the construction'draws for the projects financed with level debt service payments after project completion; and iv) the funding of issuance expenses and administrative fees assumed to ,e 2.5% of the total proceeds of each series of bonds. All of the debt service requirements associated with the issuance of the additional Junior Lien Bonds are allocable to the wastewater system with loan repayment beginning after the completion of those projects funded from such additional Junior Lien Bonds. 14. The capital expenditures for the water and wastewater system were based on information contained in the 2002 Master Plan Update, along with additional information regarding the status of current and anticipated projects and annual departmental capital needs. Table 11 at -11- FEB 2 5 2003 the end of this report provides a detailed listing of the capital projects for the water and wastewater system as well as anticipated funding sources for such projects within the study period. a) In order to provide a funding mechanism to finance the costs of renewals, replacements, betterments, and upgrades to the water and wastewater utility system, the County has recognized the funding of a capital account. The capital account is an internal fund designed to recognize the accrual of funds to meet these ongoing expenditure requirements. For the forecast period reflected in this report, the development of the revenue requirements includes continued funding or set aside of monies in a capital account to meet these ongoing capital expenditure requirements and to maintain reserves. As summarized below, the amount of funds deposited or set aside for these capital requirements varies based on the Capital Plan requirements and recognizes that the majority of the capital projects were financed by impact fees or through the increased additional debt (both senior and junior lien): Fiscal Years Water Wastewater Total 2002 $3,000,000 $4,000,000 $7,000,000 2003 4,000,000 5,000,000 9,000,000 2004 3,000,000 3,000,000 6,000,000 2005 4,000,000 850,000 4,850,000 2006 1,700,000 2,500,000 4,200,000 This capital expenditure funding mechanism is similar to that of the Renewal and Replacement Fund required by the Bond Resolutions in support of utility financings that is funded annually. The use of the capital account (which is a component of the operating reserve for the utility) represents a funding source on a "pay-as-you-go" basis funded annually from rates and serves to reduce the amount of projects necessary to be funded from the issuance of utility revenue bonds or other outside sources. Over the long-term, use of this fund is recognized by.the County and PRMG to be a method to maintain (or reduce) the overall rates of the System due to the fact that the cost of financing and "carry" (interest costs) is not incurred by the utility system relative to the financing of such projects. However, because of the upfront capital expenditure requirements of the System, the use of debt as the primary source of financing appears to be the most reasonable financing option of the County. Additionally, at the end of the forecast period, no sufficient funds are anticipated to be on deposit in these funds, thus necessitating the need to initiate the deposit of surplus funds from rates into such account in the future once the rates for service fully support all anticipated debt issues necessary to finance the County's Capital Plan. b) Based on the information provided by the County relative to the capital improvement program, the following. is a summary of the capital expenditures anticipated for the System and the expected funding sources relative to such program recognized in the development of the estimated System revenue requirements: -12- FEB 2 5 2003 p~. ~ Capital Expenditures Total Water Total Wastewater Total System Funding Sources Water System Additional Debt Proceeds Water Impact Fees Water Capital Account Annual Rate Revenue Outside Agency Grants Total Water System Wastewater System Additional Debt Proceeds Wastewater Impact Fees Sewer Capital Account Annual Rate Revenue Total Wastewater System Capital Improvement Plan - Capital Funding Analysis (*) FY 2003 FY 2004 FY 2005 FY 2006 FY 2007 $36,955,246 $72,518,917 $4 i ,440,268 $20,491,726 $16,629,844 92.826.197 65.263.701 39.890.691 35.953.637 36.280.640 SI29.781.443 ~ S81.330.959 1;56.445.362 1;52:910.484 $30,981,643 $53,143,233 $33,0 ! 6,533 $6,955,000 $4,277,000 641,400 12,756,120 5,430,100 10,205,000 8,357,700 4,833,800 5,978,700 2,470,000 2,795,000 3,445,000 498,403 510,863 523,635 536,726 550,144 0 130,000 0 0 0 36,955,246 72,518,917 41,440,268 20,491,726 16,629,844 78,489,000 49,067,122 21,185,570 22,900,800 21,658,000 5,262,000 7,004,400 12,662,000 7,246,200 10,273,900 8.149,900 8,242,000 5,005,000 4,810,000 3,328,000 925~297 950,179 1,038,121 996,636 1,020,740 92,826,197 65,263,701 39,890,691 35,953,637 36,280,640 Total System $129+73J.4~43 $137,782~61~ $81:33~95~q $56~.445~362 $~2~910;484 (*) Summary of capital projects and funding sources by project derived from Table 11. 15. An expenditure recognized in the previous assumption regarding the funding of the capital improvement program for the water and wastewater utility system deals with the annual funding of departmental capital outlay. Departmental capital outlay is associated with the ongoing replacement of vehicles, equipment, machinery, and other assets that generally have relatively short average service lives (e.g., five years). Recognizing the average service life of these expenditures and that they generally relate to the "operating budget" of the utility system (ongoing, annual requirement), such expenditures have been assumed to be funded from the annual rate revenues of the utility system. Not only does this preserve the availability of such assets to meet the service requirement of the utility, but it recognizes the continuance of the "pay-as-you-go" philosophy for such assets that PRMG considers to be prudent relative to the overall financial program of the utility system. The forecast of such requirements was based on projections provided by the County as contained in the Fiscal Year 2003 Budget, and the Fiscal Year 2003 amounts were escalated by projected CPI adjustments (inflation) during the forecast period reflected in the Report. 16. Based on the provisions of the Bond Resolution that authorized the issuance of the Senior Lien Bonds, the County is required to maintain and fund a Renewal and Replacement Fund (R&R Fund). The purpose of the R&R Fund is to provide monies to fmance the cost of renewals, replacements, upgrades, or betterments to the System. As defined in the Bond Resolution, the R&R Fund Requirement is equal to five percent (5.0%) of the previous year's Gross Revenues (also as defined in the Bond Resolution) of the System. However, no deposit is required if the County maintains a minimum balance in such fund equal to $300,000. The financial policy recognized in the development of the revenue requirements by the County is to maintain on deposit in such fund an amount necessary to satisfy the provisions of the Bond Resolution, and to utilize funds in the capital account, impact fee fund, or other available funding sources to meet the ongoing capital needs of the System. -13- FEB 2 5 2003 PG. ~ I Recognizing this policy, no material deposits to the R&R Fund have been recognized during the forecast period. It should be noted that the maintenance of the R&R Fund requirement provides flexibility in the debt service coverage requirements of the utility. Since the County's current policy is to maintain a balance equal to the minimum provisions as defined in the Bond Resolution, and recognizing that funds should be accrued annually to meet ongoing capital expenditures associated with renewals, replacements, and betterments, the County has established the separate funding of a capital account for the purposes of the establishment of rates. 17. In accordance with normal utility operations and the flow of funds as defined in the Bond Resolution that authorized the outstanding utility revenue bonds for the System, interest income has been recognized as an available revenue source to fund the annual expenditure needs of the System. For the study period, interest income was based on the estimated balances for all cash accounts or funds anticipated to be on deposit for the utility system. With respect to the evaluation of the utility rates, interest earned on those fund balances which were available to meet total utility expenditures were recognized. These fund balances included Debt Service funds, operating reserves (including the capital account), customer deposits, and the Renewal and Replacement Fund. Earnings on the water and wastewater impact fee funds and Construction Funds established by the issuance of additional bonds, if any, are restricted or required to be maintained in such funds and were assumed i) not to be available to meet the ongoing daily utility expenditure requirements of the System; and ii)to be available to provide an additional source of funds for capital expenditures in relation to expansion-related projects as designated from time-to-time by the County. In development of the estimated interest earnings, an assumed interest rate ranging between 1.75% and 3.00% annually was applied to the estimated average fund balances in each account maintained by the County during the forecast period. This interest rate assumption is based on recent earnings performance results of the Utility, discussions with County staff, and a review of the earnings performance of available investment vehicles related to the County (e.g., State Board of Administration). A summary of the interest earnings recognized in the financial forecast for each fiscal year is presented on Table 12 (which also presents the estimated cash balance of each fund or account of the System) and is summarized as follows: -14- FEB 2 5 2003 18. Interest Income Forecast - Water and Wastewater System Fiscal Year Ending September 30, [1] 2003 2004 2005 2006 2007 Operating General Reserve Account $273,413 Renewal & Replacement Funds 9,000 Capital Accounts 2 i 4,490 $279,203 $297,429 $296,108 $285,468 9,000 9,000 9,000 9,000 166,326 107,739 70,726 24,106 Debt Service Bond Reserve Fund 293,749 293,749 293,749 293,749 293,749 Sinking Fund 79,754 78,978 135,407 168,374 207,302 Subtotal [2] 870,406 827,256 843,324 837,957 819,625 Impact Fee Fund (Water) [3] 66,248 40,480 22,546 Impact Fee Fund (Wastewater) [3] 18,944 53,984 35,755 Total Earnings $955,5~Y $921,720 $90A_,625 [1] [2] [3] Amount derived from Table 12; reflect total System earnings forecast period. 25,470 3,482 13,923 13,421 $877,351 $83_~529 received by the District during the financial Reflects earnings available to met annual revenue requirements of the water and wastewater utility system. Interest earnings presented for information purposes only; amount is restricted for specific purpose and not available to meet system revenue requirements needs. The County also receives other operating revenues from miscellaneous fees and charges for specific customer service requests or needs which serve to reduce the rate revenue requirement. Examples of such revenues include water and wastewater service initiation fees, turn-on and turn-off charges, late payment penalties, and meter installation charges. The following is a brief discussion of the assumptions recognized for these additional revenue sources. a) As part of the provision of service to a new water customer, the County charges a fee for the installation of a water meter. The projections of the amount of revenues derived from meter installation charges were based on the Fiscal Year 2003 budgeted revenue for water meter installations escalated by the change in customer accounts added during the forecast period for the water system as discussed previously in this report. b) Projected revenues from reclaimed water service were based on Fiscal Year 2002 operating results, and were held constant at $1,000,000 per year (assumes no appreciable increase in reclaimed water sales). The County is planning to conduct a reuse water rate study in the near future. c) Other operating revenues of the System include charges associated with spec55c customer action (initiation of service, tom-on, mm-off, etc.). Such amounts were projected for the forecast period based upon: i) trends and the receipt of such revenues for historical periods; ii)amounts budgeted for the Fiscal Year 2003 as developed by County staff; iii)recognition of the change in the number of accounts served by the County which would directly impact the level of revenues charged; and iv)the continuation of existing rates and charges for service. -15- AG£nOA IT~?II FEB 2 5 2003 Summary of Water and Wastewater Revenue Requirements As shown on Table 5 at the end of this report, based on the forecast of sales and revenues for the water system and the assumptions and considerations set forth herein with respect to the estimation of the water system expenditures, the existing rate revenue deficiency of the water system for the study period is anticipated to be as follows: Revmue Requirements - Water System (I) Operating Expenses Debt Service Other Revenue Requirements (2) Gross Revenue Requirements Less Other Income (3) Net Revenue Requirements Rate Revenue From Existing Rates Prior Year Rate Adjustment Assumed CPI Rate Index Percent Cumulative Rate Index Revenue Revenue Surplus (Deficiency.) Percent of Rate Revenue Fiscal Year E.,~ng Septenlaer 30, 2003 2004 2005 2006 2007 $18,491,810 $19,717,148 $20,895,548 $22,199,810 $23,545,942 2,522,834 5,464,688 8,394,350 11,492,656 14,736,819 5,873,813 4,669,863 3,595,635 4,536,726 2,250,144 26,888,457 29,851,699 32,885,532 38,229,192 40,532,905 (1,686,601) (1,825,642) (1,829,681) (3,924,138) (2,746,534) 25,201,856 28,026,058 31,055,851 34,305,054 37,786,371 25,201,856 26,502,769 27,771,980 29,009,489 30,215,298 0 0 879,900 1,867,1130 2,964,500 0.000/0 2.50% 2.50% 2.50% 2.50% 0 662,600 1,450,500 2,374, I00 3,444,500 $0 ($860,689) ($953,472) ($1,054,365) ($1,162,074) 0.000/0 (3.17%) (3.17%) (3.17%) (3.17%) Total Effective Annual Percent Rate Adjustment Recognized 0.00% (5.75%1 (5.75%1 ~ {5.75%) (1) An-aunts shown derived from Table 5. (2) Includes funding of capital account and working capital to levelize proposed rate adjustment. (3) Includes interest earnings and other operating revenues. As can be seen in the above summary, the estimated revenues to be derived from the application of the existing water system rates are anticipated to insufficient to meet the projected revenue requirements in the Fiscal Year 2004. Assuming an October 1, 2003 effective date, it is estimated that the water system will require a 5.75% rate adjustment to meet the projected revenue requirements and financial needs of such system. Furthermore, it is anticipated that the water system will need an additional 5.75% rate adjustment effective October 1, 2004 (beginning of Fiscal Year 2005). Both of these rate increases include a 2.5% adjustment for inflation based on the projected annual average percentage change in the Consumer Price Index (CPI) as estimated by the Congressional Budget Office in their August 2002 report entitled "The Budget and Economic Outlook: An Update." As shown on Table 6 at the end of this report, based on the forecast of sales and revenues for the wastewater system and the assumptions and considerations set forth herein with respect to the -16- ! FEB 2 5 2003 I estimation of the wastewater system expenditures, the existing rate revenue deficiency of the wastewater system for the study period is anticipated to be as follows: Revenue Requirements - Wastewater System (1) 2003 Operating Expenses $20,766,689 Fiscal Year Endin~ September 30, 2004 2005 2006 2007 $22,092,944 $23,213,154 $25,113,561 $26,476,665 Debt Service 4,679,686 6,022,072 12,564,938 15,263,586 18,713,138 Other Revenue Requirements (2) 6,922,636 7,780,179 4,060,121 3,64 1,636 3,520,740 Gross Revenue Requirements 32,369,011 35,895,195 39,838,212 44,018,784 48,710,543 Less Other Income (3) Net Revenue Requirements (1,965,005) (1,941,956) (1,985,868) (1,960,313) (2,087,510) 30,404,006 33,953,239 37,852,345 42,058,471 46,623,033 Rate Revenue From Existing Rates 30,404,005 Prior Year Rate Adjustment 0 31,882,241 33,375,224 34,820,645 36,242,812 0 1,301,000 2,768,100 4,407,800 Assumed CPI Rate Index Percent Cumulative Rate Index Revenue 0.00o/o 2.50% 2.50% 2.50o/o 2.50% 0 797,100 1,755,500 2,890,200 4,220,100 Revenue Surplus (Deficiency) $0 Percent of Rate Revenue 0.00% Total Effective Annual Percent Rate Adjustment Recognized 0.00% (1) Amounts shown derived fi.om Table 6. ($1,273,898) ($1,420,620) (5; 1,579,526) ($1,752,32 I) (3.90%) (3.90o/o) (3.90%) (3.91%) ~ ~ (6.50%) ~ (2) Includes funding of capital account and working capital to levelize proposed rate adjustment. (3) Includes interest earnings and other operating revenues. As can be seen in the above summary for the wastewater system, the estimated revenues to be derived from the application of the existing wastewater system rates are anticipated to insufficient to meet the projected revenue requirements in the Fiscal Year 2004. Assuming an October 1, 2003 effective date, it is estimated that the wastewater system will require a 6.50% rate adjustment to meet the projected revenue requirements and financial needs of such system. Furthermore, it is anticipated that the wastewater system will need an additional 6.50% rate adjustment effective October 1, 2004 (beginning of Fiscal Year 2005) in order to meet the estimated revenue requirements of such system. Both of these rate increases include a 2.5% adjustment for inflation based on the projected annual average percentage change in the Consumer Price Index (CPI) as estimated by the Congressional Budget Office in their August 2002 report entitled "The Budget and Economic Outlook: An Update." -17- AGenDA I T£~/~ FEB 2 5 2003 The primary reasons for the rate increase are due to the following reasons: 1. The continued inflationary effects on the operation of the utility system, incremental operating costs associated with the implementation of the capital improvement plan, and rising insurance costs. Premiums for property/general insurance increased 161% in Fiscal Year 2003 over Fiscal Year 2002 levels, and are anticipated to increase by 20% per year. Additional operating expenses of $700,000 per year are expected to be incurred when the new Northeast Water Reclamation Facility goes online in Fiscal Year 2006. 2. To finance the capital improvement program of the System, which includes projects for asset replacement, betterment, and reliability, the County will be issuing several series of utility revenue bonds and other forms of indebtedness. In order to issue such debt, the rates for service, the primary pledge for repayment of such debt, must be sufficient to fund the annual debt service payments and meet the rate covenant requirements as required by the Bond Resolution/Loan Documents authorizing the issuance of such indebtedness. 3. In order to finance the capital improvement program identified in the 2002 Master Plan Update, the County anticipates using a significant amount of cash reserves and available funds. As a result of using such funds, interest income that is relied upon to meet System expenditures will be reduced, thus impacting the rates for service. Moreover, interest rates are lower at this time, a fact which also reduces interest income. In order to maintain the financial health of the System and meet rate covenants, the County will need to replenish working capital reserves at prudent levels (considered by PRMG to be a minimum of sixty [60] days of rate revenue). Rate Design PRMG was directed by the County staff to design water and wastewater rates which met or included the following objectives: 1. Index (CPI) the water and wastewater rates to account for inflation on the expense requirements of the System. 2. Minimize the rate increase to the low and average water users. Any additional rate adjustment above the general cost of inflation should be recovered from the largest water users of the System [upper consumption rate blocks (i.e., Blocks 2 through 6)]. 3. Maintain the existing rate structure as initially approved by the BOCC. 4. Adjust rates to further promote the conservation of water resources. To accomplish these objectives, PRMG designed the following proposed rates for water service: -18- FEB 2 5 200 Summary of Existing and Proposed Water Rates WATER SERVICE AVAILABILITY CHARGES (Residcntial, Multi-Family, Commercial, and Irrigation Only) Meter Size 1-1/4" 8" 12" VOLUME CHARGE PER 1,000 GALLONS (Residential, Multi-Family, Commercial, and Irrigation Only) Block 1 Block 2 Block 3 Block 4 Block 5 Block 6 BLOCK RATE STRUCTURE (Residential, Multi-Family, Commercial, and Irrigation Only) Existin[~ Meter Size Block I Block 2 5/8" 5,000 I 0,000 3/4" 5,000 I 0,000 1" 12,000 25,000 1-1/4" 20,000 40,000 1 - 1/2" 25,000 50,000 2" 40,000 80,000 3" 80,000 160,000 4" 120,000 250,000 6" 250,000 500,000 8" 450,000 900,000 10" 700,000 1,450,000 12" 1,075,000 2,150,000 $12.00 12.00 26.40 33.60 50.40 79.20 146.40 242.40 482.40 770.40 ,394.40 ,883.40 $1.44 1.80 2.40 3.05 3.65 4.45 Block 3 20,000 20,000 50,000 80,000 100,000 160,000 320,000 500,000 1,000,000 1,800,000 2,900,000 4,300,000 Effective October 1, 2003 $12.30 12.30 27.10 34.40 51.70 81.20 150.10 248.50 494.50 789.70 1,429.30 1,930.50 $1.48 2.10 2.70 3.40 4.10 4.90 Block 4 30,000 30,000 75,000 120,000 150,000 240,000 480,000 800,000 1,500,000 2,700,000 4,300,000 6,450,000 l~'opos~l (*) Block 5 50,000 50,000 120,000 200,000 250,000 400,000 800,000 1,200,000 2,50~,000 4,500,000 7,000,000 I Effective October 1, 2004 $12.60 12.60 27.80 35.20 53.00 83.20 153.80 254.60 506.60 809.00 1,464.20 1,977.60 $1.54 2.20 2.90 3.70 4.50 5.50 Block 6 Over 50,000 Over 50,000 Over 120,000 Over 200,000 Over 250,000 Over 1,200,000 Over 2,500,000 Over 4,500,000 Over 11,000,000 -19- FEB 2 5 2003 ~'~'- ~7 The impact to individually metered residential customers under the proposed water rates is shown in the following table: Individually Metered Residential Customer Impact Under Proposed Water Rates Usa[F (Gallons) Existing Rates $19.20 $24.60 $28.20 $52.20 $82.70 Fiscal Year 2004 Rates 19.70 26.00 30.20 57.20 91.20 Difference From Existing Rates $0.50 $1.40 $2.00 $5.00 $8.50 Percent Difference 2.6% 5.7% 7.1% 9.6% 10.3% 5,000 8,000 I0,000 20,000 30,000 50,000 $155.70 173.20 $17.50 Fiscal Year 2005 Rates $20.30 $26.90 $31.30 $60.30 $97.30 Difference From Existing Rates $1.10 $2.30 $3.10 $8.10 $14.60 Percent Difference 5.7% 9.3% 11.0% 15.5% ~ $187.30 $31.60 As the preceding table demonstrates, under the proposed water rates, the impact of the rate increases at usages of 5,000 gallons (the median usage level for this customer class) and of 8,000 gallons (the average usage level) is minimized when compared with the impact on higher water use customers. PRMG also designed the following proposed rates for wastewater service: Summary' of Existin~ and Proposed Wastewater Rates Effective Existin.~ October 1. 2003 Proposed Effective October 1,2004 WASTEWATER SERVICE AVAILABILITY CHARGES [Residential, Multi-Family, and Commercial) Meter Size 5:8" $18.00 $18.50 $19.00 3,4" 18.00 18.50 19.00 1" 40.95 42.10 43.20 1-1/4" 52.45 53.90 55.40 1 - 1/2" 79.20 81.40 83.60 2" 125.10 128.60 132.10 3" 232.20 238.70 245.20 4" 385.20 395.90 406.60 6" 767.70 789.00 810.30 8" 1,226.70 1,260.80 1,294.90 10" 2,199.40 2,260.50 2,321.60 12" 3,259.90 3,350.50 3,441.00 VOLUME CHARGE PER 1,0~0 GALLONS (Residential, Multi-Family, and Commercial) All Usage (1) $2.22 ( I ) Monthly individually metered family residential usage charges are capped at 15,000 gallons. $2.44 $2.68 (*) Proposed rotes to become effective with service rendered on and after October 1st of each fiscal year indicated. -20- FEB 2 5 2003 The impact to individually metered residential customers under the proposed wastewater rates is shown in the following table: Individually Metered Residential Customer Impact Under Proposed Wastewater Rates Usage (Gallons) 5,000 8,000 10,000 20,000 30,000 50,000 Existing Rates $29.10 $35.76 $40.20 $51.30 $51.30 $51.30 Fiscal Year 2004 Rates 30.70 38.02 42.90 55.10 55.10 55.10 Difference From Existing Rates $1.60 $2.26 $2.70 $3.80 $3.80 $3.80 Percent Difference 5.5% 6.3% 6.7% 7.4% 7.4% 7.4% Fiscal Year 2005 Rates Difference From Existing Rates Percent Difference $32.40 $40.44 $45.80 $59.20 $59.20 $59.20 $3.30 $4.68 $5.60 $7.90 $7.90 $7.90 11.3% 13.1% 13.9% 15.4% 15.4% 15.4% The rate impact to the median and average water users (assuming that all of the water gallons are collected by the wastewater system) under the proposed wastewater rates is somewhat minimized in relation to the impact on higher water use customers. Rate Comparisons - Neighboring Utilities In order to provide the County with additional information regarding the current rates charged for service, a comparison of the County's existing and proposed rates for customers served by a 3/4-inch meter (representative of the single-family residential class and a large portion of the commercial class) with charges for similar service by neighboring utilities has been made. It should be noted that when making a comparison of the rates charged by other utilities for water and wastewater service, several factors have an effect on the level of rates charged. These factors may include, but are not limited to, the following: i) source of water supply and level of treatment required before the distribution of water to the ultimate customer; ii)level of wastewater treatment and effluent disposal methods of wastewater service; iii)plant capacity utilization, and assistance in the funding of such plant capacity by federal grants, connection fees, etc.; iv) density of the customer base served as well as the type of customer served (certain customers may have higher usage requirements which may dampen per unit rates which is common for high commercial or industrialized customer bases for utilities); v) general fund and administrative fee transfer made by municipal and county systems which may account for differences in level of rates charged; vi) bond covenants and funding requirements of the rates; and 'ii) level of capital improvements required to meet service area needs, including the construction of growth related assets in anticipation of service area expansion. For the utilities included in the rate comparison on Tables 13 through 15 at the end of this report, no analysis has been made of the above-mentioned factors as they relate to the reported water and wastewater rates currently being charged by the other utilities surveyed for the purposes of this study. However, the County's water and wastewater rates produce bills which are generally comparable to those of neighboring utilities. Figures 1 through 3 show graphical water, wastewater, and combined rate comparisons at a usage level of 8,000 gallons, the average usage level of an individually-metered residential customer. The proposed District water and wastewater rates recommended to be adjusted through the Fiscal Year 2005 are comparable to the rates currently being charged by neighboring utilities at this usage level. Mandatory Water Restriction Rate Adjustment From time to time, the South Florida Water Management District (SFWMD) may implement water usage restrictions on water consumption. Most recently, the SFWMD imposed Phase 1 water restrictions during the drought of 2001-2002. Prior to the implementation of these water restrictions as a result of the recent drought conditions being experienced by the area, the SFWMD imposed water restrictions (only a Phase I occurrence) from December 1989 through July 1990. The purpose of the implementation of the mandatory water restrictions by the SFWMD is to reduce water production of the utility which will have a corresponding effect on the overall rate revenues received by the utility. Since the utility must meet its financial obligations and its financial targets associated with the operation of the utility, including the rate covenant requirements associated with the issuance of the currently outstanding bonds (debt service coverage requirements), the County needs a financial and rate procedure to protect the utility on a financial stability basis to the extent the usage restrictions are enacted. The SFWMD has adopted a Water Shortage Plan pursuant to Chapter 40E-21 of the Florida Administrative Code (FAC). The rule establishes four (4) phases of water shortage which are a function of the estimated percent reduction in overall demand required to reduce estimated available water supply. The four (4) phases of the Water Shortage Plan are summarized below: Water Shortage Phase Phase 1 - Moderate Phase 2 - Severe Phase 3 o Extreme Phase 4 - Critical Percent Reduction in Overall Demand Less than 15% Less than 30% Less than 45% Less than 60% In order to give the County flexibility to meet its revenue requirements if this uncontrollable event should occur in the future, it is recommended that a restriction surcharge be added to the monthly water rates. This rate would be applicable only to the water flow charge at the discretion of the County. Based on the reduction requirements associated with each water shortage phase outlined above, the adjustment to the flow charge (all customers, all usage blocks except the indoor water use block [first block] and not applicable to the base facility charge) would be as follows: Water Shortage Phase Flow Charge Rate Adjustment Percentage Phase I - Moderate 15% Phase 2 - Severe 30% Phase 3 - Extreme 45% Phase 4 - Critical 60% Although the percentages appear high, one must realize that in the critical phase of the shortage plan, up to 60% of the water used (production or groundwater withdrawal) is required to be -22- FEB 2 5 2003 curtailed or restricted. However, to give the BOCC some flexibility in recognizing the SFWMD has instituted the water restrictions periodically in the past ten (I0) years, any surcharge associated with a shortage phase above a moderate level should be determined individually by the County. Additionally, once the SFWMD reduces or revokes the requirements to have the water shortage restrictions in place, the application of the mandatory water restriction surcharge would automatically cease at the beginning of the next (first) billing cycle. As mentioned earlier, the purpose of this mandatory water restriction rate adjustment is simply to maintain revenues in the System to preserve financial stability and operating margins to meet its financial commitments (including the payment of utility revenue bonds of the utility system) and promote water conservation due to the imposition of the mandatory water restrictions by the SFWMD. Debt Service Coverage The Bond Resolution includes a provision requiring the County to establish and maintain rates which will always provide in each fiscal year Net Revenues: i) equal at least 110% of the Annual Debt Service on all Outstanding Senior Lien Bonds becoming due; in addition, ii)together with impact fees, equal to at least 125% of the Annual Debt Service on all Outstanding Senior Lien Bonds; and iii)in an amount sufficient to fund at least 100% of all required deposits to the Bond Reserve Fund and the Renewal and Replacement Fund (the "R&R Fund") (collectively referred to as the "rate covenant"). The Bond Resolution established these accounts, funds, and debt coverage requirements for the protection of the bondholders of the Senior Lien Bonds. The County's SRF loans also have a rate coverage requirement which states that Net Revenues, together with impact fees, and after the payment of senior debt service, must be sufficient to equal at least 125% of the total Junior Lien Debt. Table 16 at the end of this report summarizes the ability of the System Net Revenues to meet the rate covenant provisions of the Bond Resolution and SKF loan agreements for the forecast period reflected in this report. As previously discussed, it is envisioned that the County will require the issuance of additional Senior Lien and Junior Lien bonds during the forecast period to meet the projected capital expenditure needs of the System. As can be seen on Table 16 and as shown in the following table, it is anticipated that the Net Revenues, assuming the adoption of the proposed rate adjustments, will meet the rate covenant requirements as defined in the Bond Resolution and SKF loan agreements: -23- FEB 2 5 2003 .~., _gl Rate Covenant Requirement Projections- Water and Wastewater System Fiscal Year Ending September 30, [1] 2003 2004 2005 2006 2007 Total Gross Revenues [2] Total Operating Expenses Net Revenues System Impact Fees [3] $59,257,467 $65,746,894 $72,723,745 $80,207,977 $88,272,449 39,258.499 41.810.091 44.108.701 47,313,371 50.022.608 19,998,968 23,936,803 28,615,044 32,894,606 38,249,841 17,148,347 16,920,721 16,610,038 16,655,773 16,777,986 Debt Service Coverage - Senior Lien Test 1 Net Revenues and Impact Fees Debt Service-Senior Lien Bonds Test I - Minimum Required Calculated Coverage 37,147,316 40,857,524 45,225,082 49,550,378 55,027,827 8,329,104 8,217,982 13,700,689 19,497,645 24,737,173 1.25 1.25 1.25 1.25 1.25 4.46 4.97 3.30 2.54 2.22 Test 2 Net Revenues Total Senior Lien Debt Total Junior Lien Debt Required Transfers Per Bond Resolution 19,998,968 23,936,803 28,615,044 32,894,606 38,249,841 8,32%104 8,217,982 13,700.689 19,497.645 24,737,173 3,385,716 3,268,778 7,258,598 7,258,598 8,712,783 0 0 0 0 0 11,714,820 11.486,760 20,959,287 26,756,243 33,449,957 Test 2 - Minimum Required Calculated Coverage 1.00 1.00 1.00 1.00 1.00 1.71 2.08 1.37 1.23 1.14 Debt Service Coverage - Junior Lien Net Revenues and System Impact Fees Afier Payment of Senior Lien Debt Service Debt Service-Junior Lien Bonds Minimum Required Calculated Coverage Other Required Transfers [4] 28,818.212 32,639,542 31,524,393 30,052,734 30,290,654 3,385,716 3,268,778 7,258,598 7,258,598 8,712,783 1.25 1.25 1.25 1.25 1.25 8.51 9.99 4.34 4.14 3.48 0 0 0 0 0 Amount Available for Deposit to Utility Reserve Fund $8284:14~ $12,,4fi0~042 $7:655,756 $6+[38,3_63 $4,799,385 [1] Amounts shown derived from Table 16; coverage tests are defined in Bond Resolution and SRF Loan Agreement. [2] Amounts shown include additional rate revenues derived from the application of the proposed rate adjustments. [3] Impact fees reflect anticipated rate adjustment to become effective on or about April 2003. [4] Other required transfers as defined in the Bond Resolution include the funding of the Debt Service Reserve Fund and the Renewal and Replacement Fund in an amount equivalent to the requirements as defined. No deposits to such fund are required from the Net Revenues of the System during the forecast period based on the assumptions used in the preparation of such forecast. -24- FEB 2 5 2003 Recommendations In accordance with the analysis summarized in this report, PRMG recommends the following: 1. Adoption of the proposed rate adjustments outlined in the report. 2. Adoption of provisions in the Rate Ordinance to allow for annual indexing (i.e. CPI Index) of rate adjustments. 3. Adoption of mandatory restriction surcharges. 4. Re-evaluation of the rate plan annually to recognize changes in System revenue requirements. -25- F£8 2 5 EXHIBIT 1 IMPLEMENTATION PLAN MANDATORY WATER RESTRICTION SURCHARGES The South Florida Water Management District (SFWMD) has the authority to impose water usage restrictions on water consumption during drought conditions. Mandatory water restrictions imposed by SFWMD have a direct and parallel effect on the rate revenues received by the Collier County Water-Sewer District (District). The District must meet its financial requirements relative to both operations and debt service payments. In addition, outstanding bonds and State Revolving Fund loan covenants require sufficient revenue coverage. The District needs a process/procedure to offset the revenue loss and maintain financial stability. The water usage restriction plan adopted by SFVVMD is designed to reduce water demand and water production. The plan uses four increasingly restrictive Phases to reduce water production. The imposition of these restrictions is not controllable by the District and will impact the District revenue requirements. The District can impose surcharges equal to the estimated percentage reduction in water production that each Phase is designed to achieve. The four Phases of the water usage restriction plan adopted by SFWMD and the surcharges for the District are summarized below: Percent Reduction Surcharge Water Shortage Phase In Overall Demand Percenta_cle Phase 1 - Moderate Less than 15% 15% Phase 2 - Severe Less than 30% 30% Phase 3 - Extreme Less than 45% 45% Phase 4 - Critical Less than 60% 60% The surcharge The surcharge will not be applicable to the service availability charge. will start on the first billing cycle of the month following the imposition of the restrictions. The surcharge will stop on the first billing cycle of the month following the revocation or lifting of the restrictions. The surcharge will be applicable to all consumption by irrigation only accounts. The surcharge will be applicable to all single family and multi-family accounts for all consumption greater than Block 2. The surcharge will be applicable to all commercial accounts for consumption greater than Block 1. The Block Structures are specified in Schedule One of Appendix A. CLASS Single Family Multi Family Commercial Irrigation only SURCHARGE WILL START Consumption after Block 2 by meter size Consumption after Block 2 by meter size Consumption after Block 1 by meter size All consumption FEB 2 5 2003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O '21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 4! 42 43 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 RESOLUTION NO. 2003 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORID& INCREASING THE WATER~ SEWER~ FIRE METER AND SURCHARGE RATES BY AMENDING SCIIEDULE ONE OF APPENDIX A TO SECTION FOUR OF THE COLLIER COUNTY ORDINANCE NO. 2001-73, TITLED THE COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE; PROVIDING DELAYED EFFECTIVE DATES. WHEREAS, on December 11, 2001 the Board of County Commissioners adopted an Ordinance No. 2001-73, entitled the Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance, and increased thc water-sewer user rates and directed staffto update the user rates after one year; and WEIEREAS, Collier County uses water and sewer user rates to recover system operation, maintenance, renewal enhancement, replacement and debt service costs from residential and non-residential property owner system users within the boundaries of the Collier County Water-Sewer District; and WHEREAS, Collier County has retained Public Resources Management Group, Inc. (the Consultant) to review the existing water and sewer user rates and to recommend appropriate changes to those rates; the Consultant has recommended rate increases to fund improvements to reliability of water and sewer systems at an estimated cost to the system's users of approximately three hundred and seventy-eight million ($378 million) over the next five (5) years; and WHEREAS, the Consultant has recommended increasing the water and sewer user rates applicable to single family residential, multi-family residential, and commercial customers as specified in the attached amending Schedule One to Appendix A; and WHEREAS, staff has thoroughly reviewed the Consultant's findings and recommendations and concurs with the recommended increase for water and sewer user rates. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners, after advertised public hearing, accepts the Consultant's and staff's recommendation and proclaims that the water and sewer user rates as set forth in the amended Schedule One to Appendix A of Ordinance No. 2001-73, as amended, titled the Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance, which amended Schedule is incorporated herein. These revised water and sewer user rate schedules will take effect at 12:01 A.M. on Wednesday, October 1, 2003 for Fiscal Year 2003, and at 12:01 A.M. on Friday, October 1, 2004 for Fiscal Year 2004. This Resolution is adopted after motion, second and majority vote favoring adoption this __ day of February 2003. ATTEST Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONER[ COLLIER COUNTY, FLORIDA By By: Deputy Clerk Tom Henning, Chairman Approved as to form and legal sufficiency: Thom~ C. l~alm&, Assistant County Attorney FEB 2 5 2003 Page I of 2' COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM OPERATION AND REGULATORY STANDARDS APPENDIX A - SCHEDULE 1 Summary of Existin~ and Prlmosed Rates WaWr System Effective October 1. 2003 Existin~ prouosed Effective October 1.2004 1. (a) WATER SERVICE AVAILABILITY CHARGES (Kesidential, Multi-Family, Commercial, and Irrigation Only) Meter Size $ 5/8" 12.(~2 12.30 12.60 ~A" 2~MO 27.10 27.~0 1" 23.~ 34.40 35.29 I-1/4" 5O.~,O 51.70 53.00 1-l/2" 79.20 81.20 83.2~ 2" I~S.4O 150.10 153.80 3" 2~2.~,0 248.50 254.60 4" '~E2 .-!0 494.50 506.60 6" 770A0 789.70 .809.00 8" 1,39! .00 1,429.30 1,464.20.. 10" 1,8S2. ! 0 1,930.50 1,977.60 12" (b) VOLUME CHARGE PER 1,000 GALLONS (Residential, Multi-Family, Commercial, and Irrigation Only) 51 .:~. $1.48 S! .54 Block 1 ~ 2.10 2.2Q Block 2 2A0 2.70 2.~Q Block 3 ~ 340. 3.70 Block 4 ~ 4.10 4.50 Block 5 4-.46 4.9Q 5.50 Block 6 BLOCK RATE STRUCTURE (Residential, Multi-Family, Commercial, and Imgation Only) Meter Size Block 1 Block 2 _Block 3 Block 4 Block 5_ Block 6 5/8" 5,000 l 0,000 20,000 30,000 50,000 Over 50,000 %" 5,000 10,000 20,000 30,000 50,000 Over 50,000 1" 12,000 25.000 50,000 75,000 120,000 Over 120,000 1 - I/4" 20,000 40,000 80,000 120,000 200,000 Over 200,000 1 - 1/2" 25,000 50,000 100,000 150,000 250,000 Over 250,000 2" 40,000 80,000 160,000 240,000 400,000 Over 400,000 3" 80,000 160,000 320,000 480,000 800,000 Over 800,000 4" 120,000 250,000 500,000 800,000 1,200,000 Over 1,200,000 6" 250,000 500,000 1,000,000 1,500,000 2,500,000 Over 2,500,000 8" 450,000 900,000 1,800,000 2,700,000 4,500,000 Over 4,500,000 10" 700,000 1,450,000 2,900,000 4,300,000 7,000,000 Over 7,000,000 12" 1,075,000 2,150,000 4,300,000 6,450,000 11,000,00 Over l 1,000,000 2. Fire Systems (Dedicaw. d and Compound) (a) Fire Meter (i) Fire Service meter size w/Il refer to the largest diamem, meier register installed for fire proration. (ii) Fire Service meter connectior,~ that have consumption registerd for three consecutive billing periods are deemed to have provided domestic or other water usage shall be billed according to regular water monthly availability and usage charges as described herein. Co) Volume Charges: ., a~ $1.41~ $1.54 (i) Po' 1,000 gallons Page 7 o~ ? . COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM OPERATION AND REGULATORY STANDARDS APPENDIX A - SCHEDULE 1 3. Water Restriction Surcharge: Water Shortage Percent Reduction in Phase * Overall Demand Flow Charge Rate Adiustment Percentage Phase 1 - Moderate Less Than 15% 15% Phase 2 - Severe Less Than 30% 30% Phase 3 - Extreme Less Than 40% 40% Phase 4 - Critical Less Than 60% 60% * Per The South Florida Water Management District (SFWMD) Water Shortage Plan Pursuant to Chapter 40E-21 of the Florida Administrative Code (FAC). Summary of Existin~ and Proposed Rates Sewer System Effective October 1, 2003 4. WASTEWATER SERVICE AVAILABILITY CHARGES (Residential, Multi-Family, and Commercial) Meter Size 5/8" ~e!~.O0 $18.50 %" ! E.00 18.50 I" ~.9.95 42.10 t-1/4" 52A5 53~90 1 - 1/2" 79.20 81.40 2" !25.!0 128.60 3" 222.20 238.70 4" 2~°5.20 395.90 6" 757.70 789.00 8" 1 225.70 1.260.80 l 0" 2,!99.40 2,260.50 12" 2259.-%~ 3,350.50 Proposed VOLUME CHARGE PER 1,000 GALLONS (Residential, Multi-Family, and Cortm~rcial) All Usage (1) $2.22 $2.44 (1) Monthly individually metered residential usage charges are capped at l 5,000 gallons. (*) Proposed rates to become effective with .~.rvi~ rendered on and after October 1" of each fiscal year indicated. Effective October 1, 2004 $19.00 19.00 43.20 55.40 83.60 132.10. 245.20 406,6Q 810.30 1,294.90 2,321.60 3,441.00 .68 FEB 2.5 2003 _$7 . EXECUTIVE SUMMARY ADOPT A RESOLUTION AMENDING THE MISCELLANEOUS FEES FOR SERVICES, WHICH IS SCHEDULE SlX OF APPENDIX A TO SECTION FOUR OF THE COLLIER COUNTY ORDINANCE NO. 2001-73, TITLED THE COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE. OBJECTIVE: Board of County Commissioners adoption of a Resolution amending the Miscellaneous Fees for Services, which is Schedule Six of Appendix A to Section Four of the Collier County Ordinance No. 2001-73, titled the Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance. CONSIDERATIONS: The District uses the Miscellaneous Fees for Services to recover actual costs of time, equipment, and materials to perform specified tasks, including, but not limited to, setting up new accounts, to turn on and turn off meters at the meter owner's request, recover duplicate processing fees, or read meters, from residential and non-residential property owner system users within the boundaries of the Collier County Water-Sewer District. On December 11, 2001 the Board of County Commissioners adopted an Ordinance No. 2001-73, entitled the Collier County Water-Sewer District Uniform Billing and Regulatory Standards Ordinance, and amended the Fees and Charges and directed staff to update the rates after one year. As a result, staff reviewed all the Fee components in Schedule Six of Appendix A and made changes where appropriate to reflect actual amounts to recover the cost. The rate increased only for two categories of services, as mentioned in the fiscal impact section below. Both Meter Re-Reads and Meter Tests are initiated at the request of the property owners. Meter Re-Read and Meter Tests are done when a property owner believes that the meter is not working properly or if they believe that there is any misrouting of water or loss of water for any other reason. The increases are strictly due to the increase in the actual cost of equipment, material, and labor cost. A new category called "Meter Unlock 2nd and subsequent events" has been added to the schedule of Miscellaneous Services. The reason for adding this category is to establish a fee to cover costs associated with an additional trip to turn on an account, which has paiG all past due charges. Frequently, a customer will leave a spigot on when their water has been turned off. The past due amounts have been paid and the meter has been turned on. Meter readers determine if the water is running at turn-on. If the water is running and the customer is not home, the water is turned off, again, to prevent damage to the building, requiring a second trip to turn on the water. FEB 2 5 2003 ! PG. I I · The ~ecommended Miscellaneous Fees in this agenda item are based on an October 1, 2003 implementation date, GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. FISCAL IMPACT: Miscellaneous Service Meter Re-Read Meter Test Existing Fees Pmposed Fees $20.O0 $30.O0 $35.0O $75.00 Out of the fourteen categories of miscellaneous services listed in the Schedule 6, only two of them had an increase due to an increase in the actual cost of the equipment, material, and labor. RECOMMENDATION: Adopt a Resolution amending the Miscellaneous Fees for Services which is Schedule Six of Appendix A to Section Four of the Collier County Ordinance No. 2001-73, titled the Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance. Prepared by:~/-~' '~ /--~1 (J L-4--,,~ Date: Bala M. Sridhar Sr. Management and Budget Analyst Public Utilities Reviewed by: ~~.~c'~'~. Date: Jo~. Yonff6s~irect0r ~ Uti~illing and Customer Se~ice Approved by: ~~~ D at o: lorn Widos, ~iroctor-Oporations ~uBlic ~tilitios ~am~ W. D~kony- Admi~trator Q P~C Utilities Date:///~~-.~ FEB 2 5 2003 PG. ~ 1 3 4 5 6 7 8 9 l0 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 61 62 RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, INCREASING THE MISCELLANEOUS FEES FOR SERVICES, BY AMENDING SCHEDULE SIX OF APPENDIX "A" TO SECTION FOUR OF THE COLLIER COUNTY ORDINANCE NO. 2001-73, TITLED THE COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE; SPECIFYING A DELAYED EFFECTIVE DATE OF OCTOBER 1, 2003. WHEREAS, on December 11, 2001 the Board of County Commissioners adopted Ordinance No. 2001-73, entitled the Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance; and thereby increased Miscellaneous Fees for Services; and WHEREAS, Collier County expends these Miscellaneous Fees for Services to recover actual costs of time, equipment and materials to perform specified tasks, including, but not limited to, setting up new accounts, to turn on or turn offmcters at the meter owner's request, recover duplicate processing fees, or re-read meter; and WHEREAS, these Miscellaneous Fees for Services are based on actual costs and allocated overhead; and WHEREAS, these Miscellaneous Fees for Services are reviewed on an annual basis to try to ensure adequate cost recovery, and in accord with such annual review, staff recommends that these Miscellaneous Fees for services be increased as specified in the attached amended Schedule Six to Appendix A; and WHEREAS, the Collier County Board of County Commissioners accepts staff's recommendations; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners hereby proclaims, after advertised public hearing, that the Miscellaneous Fees and Charges be increased as set forth in the amended Schedule Six of Appendix A (attached hereto) of Ordinance No. 2001-73, entitled the Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance, which amended Schedule Six of Appendix A is incorporated herein by reference. BE IT FURTHER RESOLVED that these revised Miscellaneous Fees for Services will take effect at 12:01 A.M. on Wednesday, October 1, 2003. This Resolution is adopted after motion, second and majority vote favoring adoption this __ day of February 2003. AWl'EST Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By. By: Deputy Clerk Tom Henning, Chairman Approved as to form And legal sufficiency: Thomas C.'Palmer, Assistant County Attorney FEB 2 5 2003 COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM OPERATION AND REGULATORY STANDARDS APPENDIX A - SCHEDULE 6 Miscellaneous Fees for Services 1. New Accounts - Change of Ownership 2. Turn -offftum-on at owner's Request 3. Meter Re-Read 4. Meter Test 5. Meter Lock 6. Meter Unlock 2nd and subsequent events 7. Unlock after hours 8. Meter Removal 9. Illegal Connection 10. Credit Card Handling Charge 11. Temporary Meter Deposit 12. Duplicate Bill Processing Fee 13. Non-Sufficient (NSF) Processing Charge 14. Late Payment Charge $20.00 $30.00 $29.99 $30.00 $25.00 $75.00 $50.00 $30.00 $100.00 $100.00 * Actual Time and Material Cost · Plus Average Consumption Charge · Plus $300.00 Fine $5.00 $1,000.00 $1.00 15% oft. he amount or $100.00 whichever is smaller 5% of unpaid balance FEB 2 § 2003 EXECUTIVE SUMMARY ADOPT A RESOLUTION AMENDING THE METER INSTALLATION CHARGES (TAPPING FEES) AND BACKFLOW DEVICE CHARGES, WHICH IS SCHEDULE FOUR OF APPENDIX A TO SECTION FOUR OF THE COLLIER COUNTY ORDINANCE NO. 2001-73, TITLED THE COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE. OBJECTIVE: Board of County Commissioners adoption of a Resolution amending the Tapping Fees and Backflow Device Charges, which is Schedule Four of Appendix A to Section Four of the Collier County Ordinance No. 2001-73, titled the Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance. CONSIDERATIONS: The District uses the Tapping Fees and the Backflow Device Charges to recover actual costs of time, equipment, and materials to install meters and backflow devices, from residential and non-residential property owner system users within' the boundaries of the Collier County Water-Sewer District. A Tapping Fee is the fee charged when the County employee, at the request of the resident goes to the property and installs a new meter or upgrades to a bigger size meter. A backflow device is used to prevent water contamination of the County's potable water system. On December 11, 2001 the Board of County Commissioners adopted an Ordinance No. 2001-73, entitled the Collier County Water-Sewer District Uniform Billing and Regulatory Standards Ordinance, and amended the Fees and Charges and directed staff to update the rates after one year. As a result, staff reviewed all the Fee components in Schedule Four of Appendix A and made changes where appropriate to reflect actual amounts to recover the cost. The recommended Tapping Fees and Backflow Device Charges in this agenda item are based on an October 1,2003 implementation date. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated v, ith this Executive Summary. FEB 2 5 2003 'FISCAL IMPACT: Due to the increase in the actual cost of the equipment and materials used, the charges have increased in some of the categories mentioned below. A complete listing of all categories and charges is in Appendix A-Schedule Four attached: Tappin.q Fees: With Service Line Connection Without Service Line Connection Meter Existing Pmposed Existing Pmposed Size Cha~e Cha~e Cha~e Cha~e ~" $302.00 $562.00 $148.00 $218.00 2" $861.00 $851.00 Backflow Device Charges: Reduced Pressure Assembly Double Check Valve Assembly Meter Existing Proposed Existing Pmposed Size Charge Cha~e Cha~e Cha~e ~" $150.00 $157.00 $88.00 $104.00 1" $169.00 $180.00 $99.00 $115.00 1½" $283.00 $303.00 $246.00 $261.00 2" $342.00 $362.00 $311.00 $320.00 RECOMMENDATION: Adopt a Resolution amending the Meter Installation Charges (Tapping Fees) and Backflow Device Charges which is Schedule Four of Appendix A to Section Four of the Collier County Ordinance No. 2001-73, titled the Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance. Prepared by: /-,~_,,~. ~ - Date: .~, Effala M. Sridhar Sr. Management and Budget Analyst Public Utilities Reviewed by:J ~~',, ~X~O"~,-~,,_,,kos~Birector Date: Utilit~Billing and Customer service Tom Wides, Director-Operations Public Utilities ~ Approved~~'?_,~2-~' ~ /,,,-~ames W. DeLony - Adj~inistrator ....lic Utilities ! Date: AG£~A I T~::~ NO. FEB 2 5 2003 1 4 $ 6 7 g 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 4'7 48 49 50 51 52 53 56 59 60 61 62 RESOLUTION NO. 2003 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, INCREASING METER INSTALLATION CHARGES (TAPPING FEES) AND BACKFLOW DEVICE CHARGES BY AMENDING SCHEDULE FOUR OF APPENDIX A TO SECTION FOUR OF COLLIER COUNTY ORDINANCE NO. 2001-73, ENTITLED THE COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE; PROVIDING A DELAYED EFFECTIVE DATE OF OCTOBER 1, 2003. WlIEREAS, on December 11, 2091 the Board of County Commissioners adopted an Ordinance No. 2001-73, entitled the Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance, thereby increasing Meter Installation Charges (Tapping Fees) and Backflow Device charges; and WHEREAS, Collier County uses the Tapping Fee and Backflow Device Charge to recover actual costs of time, equipment and materials; and WHEREAS, these Meter Installation Charges (Tapping Fees) are based on the meter size and the costs of installation for a typical single family residence; and WHEREAS, these Fees and Charges are reviewed on an annual basis to try to ensure adequate cost recovery, and in accordance with the annual review, staff recommends that these Tapping Fees and these Backflow Device charges for single family residences be increased as specified in the attached amended Schedule Four of Appendix A; and WHEREAS, the Collier County Board of County Commissioners accepts staff s recommendations. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners hereby proclaims, after advertised public hearing, that the Meter Installation Fees and the Backflow Device Charges be increased as set forth in the amended Schedule Four of Appendix A (attached hereto) of Ordinance No. 2001-73, entitled the Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance, which amended Schedule Four of Appendix A is incorporated by herein by reference. BE IT FURTHER RESOLVED that the revised Tapping Fees and Backflow Device Charges will take effect at 12:01 A.M. on Wednesday October 1, 2003. This Resolution is adopted after motion, second and majority vote favoring adoption this day of February, 2003. ATTEST Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER cOLrNTY, FLORIDA By. By: Deputy Clerk Approved as to form and legal sufficiency: By: ] bra,% Thomas C. Palmer, Assistant County Attorney Tom Henning, Chairman AG,~:d~& IT FEB 2 5 003 COLLIER COUNTY WATER-SEWER DISTRICT UN1TORM OPERATION AND REGULATORY STANDARDS APPENDIX A - SCHEDULE 4 Meter Installation (~;harges (Taooine Fees) 1. Meter Installation charges to be paid to the District shall be as follows: 2. Meter size meter tapping charges: Meter Tapping Charge Size With Service Line Installation Siz~e $562.00 1" $602.00 1" ! '/2" $809.00 1 '/2" 2" $$~! .00 2" $85 ' Meter Tapping Charge Without Service Line installation $218.00 $246.00 $449.00 $494.00 The fees are based upon meter installation for a typical single-family residence. In all other circumstances, the meter installation fee shall be based upon the district's actual cost for time, equipment and materials. Backflow Device Charges Reduced Pressure Backflow Prevention Assembly 1: Meter Size Pr/ce $157.00 1" $ ! ~9 SlS0.00 I Va" S252.00 $303 00 2" $342,LY0~ $362.00 Double Check Valve Backflow Prevention Assembly 2. Meter Size Price $104.00 I" $99.90 $115.00 I ¼" $2~S.00 $261.00 2" $320.00 FEB 2 5 2003 PC,.__ 1./. EXECUTIVE SUMMARY ADOPTION OF AN ORDINANCE AMENDING SECTION 126-83 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, ALSO CITED AS ORDINANCE NO. 92-60, AS AMENDED, CONCERNING THE EXPANDED USE OF CATEGORY "B" (ADVERTISING/PROMOTION) TOURIST DEVELOPMENT TAX REVENUES TO INCLUDE THE FUNDING OF CONVENTION CENTERS, TOURIST BUREAUS AND TOURIST INFORMATION CENTERS AS COUNTY AGENCIES, AS RECOMMENDED BY THE TOURIST DEVELOPMENT COUNCIL OBJECTIVE: Amendment to Tourist Development Tax enabling ordinance, expanding the use of Category "B" (Advertising/promotion) Tourist Development Tax revenues to include the funding of the new Tourism Department, aka Greater Naples, Marco Island, and the Everglades Convention and Visitors Bureau. CONSIDERATIONS: On November 19, 2002, the Board approved the TDC's recommendation to establish the new tourism department and approved the two new tourism positions and budget amendments for unspent FY02 Category "B" (Advertising/promotion) funds to be utilized to augment the funding of salaries and departmental start-up costs. On December 10, 2002, Assistant County Attorney Heidi Ashton recommended to the TDC that the Tourist Development Tax enabling ordinance be amended to expand the use of Category "B" Tourist Development Tax revenues to include the funding of the new in- house tourism department to mirror Section 125.0104 (5)(a)(3), Florida Statutes, under "Tourist development tax;...authorized uses;..." "To fund convention bureaus, tourist bureaus, tourist information centers ..... as county agencies ..... "Coordination with Clerk of the Courts Finance Director indicated support for this amendment. FISCAL IMPACT: This action has no fiscal impact, in that the oversight of the tourism effort and advertising/pro ~motion plans have always been funded by the Board approved allocation of Tourist Development Tax revenue for Category "B"(Advertising/promotion) in Fund 194. GROWTH MANAGEMENT IMPACT: This action has no impact on the Growth Management Plan. RECOMMENDATION: That the Board adopt the proposed ordinance amendment expanding the use of Category "B" Tourist Development Tax revenues to expressly fund convention bureaus, tourist bureaus, and tourist information centers as county agencies. FEB 2 5 2003 REVIEWED BY: APPROVED BY: SUBMITTED BY: ~'~'.~. Date: .~- Jac~W~, Director Tourism ~epartment D dl~.t"~B ~ ~r~llaC~, Director CDES Operations ~~.tt, .~dminist.ra~_or. (unity Development and Environmental Services Division FEB 2 5 2003 9 I0 II 12 13 14 15 16 17 19 20 21 22 0RDZh~%NCE NO. 2003- AN ORDINANCE ~ENDING SECTION 126-83 OF THE COLLIER COUNTY CODE OF L~WS AND ORDINANCES, ALSO CITED AS ORDINANCE NO. 92-60, AS A~.NDED, RELATING TO '~,-u~ lEVY OF & 2~ TOURIST DNVELOPMENT T,~: ~ AN ,M)DZTZONAL 1~ TAX T~tOUGHOUT COLLIER COUNTY PURSU~qT TO THE ~ OPTION TOURIST DEVELOP~ ACT, SECTION 125. 0104, FLORTDA STATUTES, AS ANENDED, PROVIDLNG FOR ANENDI~NT CONCERNING THE USE OF TAX REVE/qUEB TO EXPJ~TD THE USE OF CATEC, ORY B USES TO INCLUDE THE FUNDING OF CONVENTION CENTERS, TOURIST BUREAUS AND TOURIST INFORMATION CENTERS AS COUNTY AGENCIES; PROVIDIN~ FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDIN~ FOR AN EFFECTIVE DATE. 23 WHEREAS, Section 125.0104, Florida Statutes provides for the 24 levy of a local option tourist development tax by any county; 25 WHEREAS, the Board of County Commissioners enacted Ordinance 26 No. 92-60, which levied and imposed a tourist and development tax 27 throughout Collier County for the purposes permitted in Section 28 125.0104, Florida Statutes, as amended, and to utilize previously 29 collected tourist development taxes as authorized by Chapters 30 92-175 and 92-204, Laws of Florida, enacted by the Legislature at 31 its regular session of 1992; and 32 WHEREAS, the Board of County Commissioners of Collier 33 County, by an extraordinary vote, desires to amend the uses of 34 tax revenue and the tourist development plan to fund the county's 35 tourism office; and 40 41 42 43 44 45 36 WHEREAS, the proposed amendments were presented to and 37 approved by the Collier County Tourist Development Council. 38 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 39 COMMISSIONERS OF COLLIER COUNTY, FLORIDA that Section 126-83 is hereby amended to read as follows: SECTION ONE: AMEN~ENT TO SECTION 126-83 OF COLLIER COUNTY CODE OF LAWS AND ORDINANCES 46 Section 126-83 is hereby amended as follows: 47 Section 126-83 - Uses of tax revenues. 48 (a). The tax revenues received pursuant to thi 49 shall be used to fund the county tourist development p 50 is hereby amended as follows: 1- Wo~su~er[in~ ~eadd~;wo~s~:ruck:hz~gharcdelctcd. division .an ,F ~w~i~h5 2003 ! Tourist Development Plan 2 The two percent tourist development tax was levied 3 throughout Collier County beginning the first day of the second 4 month following approval of this Ordinance by referendum. The 5 tax district includes the entire geographic area of Collier 6 County, Florida. The anticipated revenue for a two percent 7 tourist development tax for all of Collier County over a 24-month 8 period was Seven Million Dollars ($7,000,000.00), less costs of 9 administration. 10 The additional one percent tourist development tax was 1! levied throughout Collier County beginning the first day of 12 January, 1996. A majority of the electors of Collier County 13 voting in a straw referendum election approved the continuation 14 of the additional one percent tourist development tax prior to 15 June 30, 2000, therefore the additional one percent tourist 16 development tax shall continue until terminated by an amendment 17 to this ordinance. The tax district shall include the entire 15 geographic area of Collier County, Florida. 19 (1) The categories of use of the two percent and one percent 20 tax revenues by specific project or special use are hereby 21 listed in the order of priority: 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 a3 44 45 46 47 48 49 5O 51 CATEGORY A - CATEGORY B - To finance beach park facilities or beach improvement, maintenance, renourishment, restoration and erosion control, including pass and inlet maintenance, shoreline protection, enhancement, cleanup or restoration of inland lakes and rivers to which there is public access as these uses relate to the physical preservation of the beach, shoreline or inland lake or river. Percentage of Net revenue 50% of.the 2% tax and 100% of the 1% tax, reduced by the amount required for Category D. To promote and advertise county tourism within the State of Florida, nationally and internationally, which encourages tourism with an emphasis on off-season visitors to Collier County and to fund convention bureaus, tourist bu tourist information centers and news aqencies. kcrcin. Hc~;cvcr, If tax revenues are ~ended for an activity, service, venue or activity, service, venue or event shal one of its main purposes the Words underlined are added; words g:r',:z'.:. :kr~u~k are deleted. 2003 attr~ ~tion o~ 2 3 4 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 3,; 35 36 37 38 39 40 41 42 43 45 46 47 48 49 50 51 .52 53 54 56 57 58 59 6O 61 62 63 64 CATEGORY C - tourists as evidenced by the promotion of the activity, service, venue or event to tourists. Percentage of Net revenue 23.236% of the 2% tax. To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more County owned museums or museums that are owned and operated by not for profit organizations and open to the public. Percentage of Ne~ revenue 26.764% of the 2% tax. This amount may be amended upwardly or downwardly prospectively from the date of the budget amendment approval, provided that the amount of the aggregate allocation per fiscal year budget amendment does not exceed 26.764% of the 2% tax. Sub-categories: C(1): County owned and operated Museums: 19% C(2): Museums owned and operated by non-profit organiza- tions open to the public: 7.764%. CATEGORY D - To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more fishing piers which are publicly owned and operated. Percentage of NeE revenue Amount budgeted for this Category by the Board of County Commissioners each fiscal year, but not to exceed $200,000. This amount may be amended upwardly or downwardly prospectively from the date of the budget amendment approval, provided that the amount of the aggregate allocation per fiscal year does not exceed $2O0,OOO. 65 It is the intent of this division that the above 66 funded separately, but simultaneously in the abo, 67 regardless of the actual amount of net revenues coll 3 o Words underlioed are added; words :'.-'ac.'.:. :kro'.'-gh are deleted. ISes ctiaEB 2 5 2003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 (2) The additional one percent tax revenues collected pursuant to Section 126-82(f) shall be used to finance beach park facilities, beach improvement, maintenance, renourishment, restoration and erosion control including pass and inlet maintenance shoreline protection, enhancement, cleanup or restoration of inland lakes and rivers to which there is public access as these uses relate to the physical preservation of the beach, shoreline or inland lake or river. (3) The revenues to be derived from the tourist development tax may be pledged to secure and liquidate revenue bonds in accordance with the provisions of Section 125.0104, Florida Statutes. Such revenue bonds and revenue refunding bonds may be authorized and issued in such principal amounts, with such interest rates and maturity dates, and subject to such other terms, conditions and covenants as the governing board of Collier County shall provide. This paragraph shall be full and complete authority for accomplishing such purposes, but such authority shall be supplemental and additional to, and not in derogation of, any powers now existing or later conferred under law. (4) The event bonds are issued by Collier County for any of the purposes enumerated by the Tourist Development Plan, the amount of tourist development tax receipts used to pay debt service on such bonds may exceed the percentages provided for the purpose for which such bonds were issued; provided, however, the maximum annual debt service on such bonds, together with any other obligations of Collier County which were issued to finance improvements for the same purpose and which are secured by the tourist development tax, must not exceed the stated percentage of tourist development tax receipts provided in the Tourist Development Plan for such purposes, as calculated as of the date of sale of such bonds. For purposes of performing the calculations described in this paragraph, the amount of tourist the amount development tax receipts shall be assumed to be provided as such in Collier County's immediately pre¢ audit, plus, if the levy of such tax was imposed subsequent to the beginning of the period which was amount equal to the estimate by the County Manager o 4- Wo~und~rlincd~add~d;wordss~%~'e~gharcdelcted- · ,din~annua ~~' ~ r increased au~i~ ~ %n2003 the County would have received if the tax imposition or increase had been in effect durinG the entire audit period. At or prior to the issuance of bonds the County ManaGer shall provide a certificate as to the findings required in this paragraph, which certificate shall be conclusive as to all matters provided therein. (b) The above and foreGoinG Tourist Development Plan may not be substantially amended except by ordinance enacted by an affirmative vote of a majority plus one additional member of the Board of County Commissioners. SECTION TWO: CONFLICT AND SEVERABILITY. In the event this ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holdinG shall not affect the validity of the remaining portion. SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Secretary of State and a certified copy of this Ordinance shall be filed with the Florida Department of Revenue within 10 days after the adoption of this Ordinance. PASSED AND DULY ADOPTED by a vote of a majority plus one of the Board of County Commissioners of Collier County, Florida, this day of , 2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA · Deputy Clerk By: Tom Henning,Chairman Words underlined are added; words ;:tuck :,".raugL are deleted. 6 ? 8 9 10 11 12 13 14 15 16 Approved as to form and legal sufficiency: Hei~ F Ash'Eon Assistant County Attorney u-' ........t. are deleted Words underlined are added; words att ........ ~,.. · FEB 2 5 2003 EXECUTIVE SUMMARY PETITION PUDZ-01-AR-1842, DWIGHT NADEAU OF RWA, INC., REPRESENTING THOMAS G. ECKERTY, TRUSTEE FOR THE 1-75 LAND TRUST, REQUESTING A REZONE FROM "A" RURAL AGRICULTURAL, RSF-4, RMF-6, RMF-12, AND C-4 TO PUD, PLANNED UNIT DEVELOPMENT TO BE KNOWN AS THE EAST GATEWAY PUD ALLOWING FOR COMMERCIAL USES FOR PROPERTY LOCATED ON THE SOUTH SIDE OF 1-75, NORTH OF DAVIS BOULEVARD (C.R. 84) AND APPROXIMATELY ONE QUARTER MILE WEST OF COLLIER BOULEVARD (C.R. 951) IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of County Commissioners consider an application to rezone the subject site as noted above to allow for a mixed-use commercial, office, and industrial development that is consistent with all the applicable codes and regulations in order to ensure that the community's interests are maintained in this community. CONSIDERATIONS: The subject 37.39-acre PUD proposes to permit a maximum of 200,000 square feet of commercial, office, retail and service uses and 250,000 square feet of Industrial/Business Park uses. The commercial land uses proposed are typically associated with Interchange Activity Centers and include convenience stores with gas pumps, restaurants (fast-food), banks, and shopping centers. The industrial/office park uses include engineering and surveying offices, and building and home improvement supply businesses. Each industrial, commercial or business park use will be served with centrally provided potable water, sanitary sewer, electric power, and telephone services. Staff has reviewed the applicant's Traffic Impact Statement (TIS), evaluated the potential transportation impacts of the proposed application and has the following comments. The proposed rezone will generate approximately 12,633 weekday trips at build-out in 2006. Of those 12,633 trips, approximately 9,250 daily trips will be new trips added to the roadway system. The following table provides the current traffic conditions in the primary project area. Based on cUrrent peak season, peak hour conditions, three of the four primary roadway segments to be impacted by the proposed rezoning are deficient under adopted level of service standards. The addition of the new site generated trips will further aggravate poor operational conditions as noted in the staff report. Given the current growth trends that take into consideration both general background growth and other approved development, the proposed intensification of the subject property is both significant and adverse under the provisions of the Transportation Element of the Growth Management Plan. FEB 2 5 2003 n. ] Objective 5 of the Transportation Element states that the BCC shall not approve any such request (for rezone) that significantly impacts a roadway segment that is already operating or projected to operate within one year at an unacceptable level of service unless specific mitigation stipulations are approved. The Transportation Department has recommended the mitigation measures and the petitioner has agreed to have them placed into the PUD document. The recommended mitigation measures are as follows: The development will be limited to 9,400 square feet of shopping center land use, or its traffic impact equivalent, until such time as improvements are made to Davis Boulevard/SR 84 and Collier Boulevard/CR 951 within the area of impact, or it has been demonstrated by generally accepted transportation practices that Davis Boulevard/SR 84 and Collier Boulevard/CR 951 will operate at acceptable levels of service with all, or part of the proposed site impacts. This limitation may be modified if and when incremental improvements are made to Davis Boulevard/SR 84 and Collier Boulevard/CR 951 and study data supports that additional capacity has been made available for increased development within the area of impact as a result of said improvements. The Davis Boulevard Project Development and Environmental Study prepared by the Florida Department of Transportation (FDOT) identified that additional right-of-way required for the 6- laning improvements, between Radio Road and Collier Boulevard (C.R. 951) would be obtained from lands south of the existing Davis Boulevard (S.R. 84) right-of-way. Should FDOT find additional right-of-way necessary beyond the proposed right-of-way needs, reservation of right-of-way for dedication for improvements to S.R. 84 must be identified on either the preliminary subdivision plat or site development plan, whichever occurs first. The right-of-way shall be dedicated as fee simple at either the recording of a final plat, prior to the first certificate of occupancy, or within ninety days of the request by Collier County. Any compensation for the right-of-way will be consistent with the requirements of the Land Development Code (LDC), as amended. No buffers/easements or other facilities may be designated within the S.R. 84 future right-of-way. The petition as amended with the Transportation Department's recommended mitigation measures is therefore deemed consistent with the Goals and Objectives of the Transportation Element of the Growth Management Plan and is recommended for approval subject to the stipulations and mitigation as recommended by staff in the revised PUD document which limits development until the necessary roadway capacity improvements are in place or the applicant can demonstrate that all levels of service within the area of impact can be maintained at an acceptable level of service with the impacts of the proposed rezoning. FISCAL IMPACT: This PUD by and of itself will have no fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be developed. The mere fact that new development has been approved' will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts ~"'~AtafO~,~t~ development on public facilities, n~~ F'EB 2 5 2003 2 These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. The following impact fees will be applicable to the 200,000 square foot commercial portion of the project: · Fire Impact Fee: · Parks · Road Impact Fee: · Correctional Facilities: · Radon Impact Fee: · EMS Impact Fee: · Building Code Adm.: $0.30 per square feet under roof $820 $4,032.00 per 1,000 square feet $1.0920 per square foot $0.005 per square foot of building $200.00 per 1,000 square feet $0.005 per square foot of building It should be noted that because impact fees vary by land use type and because this approval does not provide this level of specificity as to the actual type of use, the total impact fee of $1,073,620.00 is at best a raw estimate. Additionally, there is no guarantee that the project at build-out will have maximized its authorized level of development. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad valorem tax rates. The revenue that will be generated depends on the value of the improvements. At this point in time a model has not been developed to arrive at a reasonable estimate of tax revenue based on ad valorem tax rates. Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads that may have local geographic concurrency implications. GROWTH MANAGEMENT IMPACT: The subject PUD is designated Urban (Urban - Mixed Use District, Interchange Activity Center #9 Sub-district) on the Future Land Use Map of the Growth Management Plan. This Interchange Activity Center is intended to permit commercial and industrial land uses that serve regional markets, provided each such use is compatible with existing and approved land uses. The entire Activity Center is eligible for up to 100 percent of the uses referenced above, except the maximum amount of commercial acreage shall not exceed 55 percent of the total acreage (632.5 acres) of the Activity Center. The subject site is also eligible for residential units at density up to 16 units per acre based on this FLUE designation. However the petitioner is not requesting any residential uses within this PUD. Based on staff review of the approved land uses on the adjacent and nearby properties, the pro ~osed commercial, industrial and business park uses and acreage are consistent with the GMP. ' 3 FEB 2 5 200.t / p~.. It should be noted that Interchange Activity Center//9 is subject to the requirements of the Interchange Master Plan (IMP) as provided for in Section 2.2.35 of the LDC. All rezones must meet the intent of the IMP vision statement. The IMP is intended to create an enhanced "gateway" to Collier County and the Naples area that will serve as a destination for residents and the traveler's choice place to stop along 1-75 and Collier Boulevard. As a result, emphases will be placed on complementary design themes, landscaping and signage. The East Gateway PUD makes provisions for consistency with the IMP. ENVIRONMENTAL ISSUES: The Environmental Impact Statement (EIS) indicates that the site contains 23.7-acres of SFWMD jurisdictional wetlands. The project will result in impacts to 20.3-acres or approximately 86 percent of the jurisdictional wetlands on site. Project related impacts should be compensated for by enhancing and preserving 3.4 acres of wetlands and 2.43 acres of uplands on site. It should be noted that the Collier County Environmental Staff has recommended approval, subject to the petitioner providing evidence at the time of site development plan review that the South Florida Water Management District (SFWMD) has required mitigation that compensates fully for the on-site loss of wetland functions. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The Environmental Advisory Council (EAC) heard this petition on February 6, 2002 and they recommended denial by a 7 to 0 vote due to their concern that the plans did not contain sufficient information on the proposed mitigation for the impacts to the wetland areas. Conversely, the Collier County Environmental Staff has recommended approval as noted above because the South Florida Water Management District (SFWMD) has jurisdictional authority to approve mitigation that compensates fully for the on-site loss of wetland functions. This review is typically done at the time of site development plan review. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition on February 6, 2003 and by a vote of 7 to 0, they forwarded Petition PUDZ-01-AR-1842 to the Board of County Commissioners (BCC) with a recommendation of approval subject to a prohibition on the development of any square footage of the project until such time as improvements are made to Davis Boulevard (SR-84) and Collier Boulevard (CR-951) within the area of impact or it has been demonstrated by generally accepted transportation practices that these road segments will operate at an acceptable level of service. The Planning Commissioners that recommended approval found that this petition is consistent with the GMP and is compatible with the surrounding development. Staff has not received any correspondence for or against this petition. Since the EAC did not recommend approval, this petition could not be placed on the summary agenda. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of Petition PUDZ-01-AR-1842 subject to the stipulations contained in the PUD document and as otherwise described by the Ordinance of Adoption and Exhibil ther~l~)Xl~ I FEB 2 5 2003 PREPARED BY: RAY I~LLoV~, CHIEF PL-,,k~xI'-ER CURRENT PLANNING SECTION /- 3o-o3 DATE REVIEWED BY: SUSAN MURRAY, AICP, MANAGER 1 CURRENT PLANNING SECTION RGARET WUERSTLE, AICP, DIRECTOR PLANNINgs/SERVICES DEPARTMENT DATE DATE APPROVED BY: / /'JOSEPH K. SCHMITT ADMi~NISTRATOR ~/~MMUNITY DEV. AND ENVIRONMENTAL SVCS. D~T~ - PUDZ-01-AR-1842/EX SUMMARY/RVB/rb FEB 2 5 2003 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: JANUARY 6, 2003 PETITION NO: PUDZ-01-AR- 1842, EAST GATEWAY PUD AGENT/APPLICANT: Agent: Mr. Dwight Nadeau Owner: RWA, Inc. 3050 North Horseshoe Drive, Suite 270 Naples, Florida 34104 Thomas Eckerty, Trustee 12734 Kenwood Lane, Suite 89 Fort Myers, FL 33907 GEOGRAPHIC LOCATION: The subject property is located on the south side of 1-75 and the north side of Davis Boulevard (SR-84) in Section 34, Township 49 South, Range 26 East. (See location map illustration on following page) REQUESTED ACTION: To have the Collier County Planning Commission forward their recommendations to the Board of County Commissioners for a proposed rezone from "A" Agriculture, RSF-4, RMF-6, RMF-12, and C-4 to Planned Unit Development (PUD) allowing for a mix of commercial retail and service uses and industrial/office park uses. PURPOSE/DESCRIPTION OF PROJECT: The subject 37.39-acre site is located entirely within Interchange Activity Center #9, which permits the proposed mix of commercial and industrial land uses. The petitioner proposes a maximum of 200,000 square feet of commercial, office, retail and service uses on Tract "C" and 250,000 square feet of Industrial/Business Park uses on Tract "B" as depicted on the Master Plan (Exhibit "A"). The commercial land uses proposed are typically associated with Interchange Activity Centers and include convenience stores with gas pumps, restaurants (fast-food), banks, and shopping centers. The industrial/office park uses include engineering and surveying offices, and building and home improvement supply businesses. Each industrial, commercial or busin~ 7-'-'- ::-:J · .--- will be served with centrally provided potable water, sanitary sewer, elec P°Wl~' an~~ I telephone services. - ! FEB 25 2003_ ! Pg. l Z o I' EXHIBIT "A" The primary access to the PUD is provided from Davis Boulevard while a secondary access point is from Bedzel Circle that is connected to the adjacent commercial PUD to the east. SURROUNDING LAND USE AND ZONING: Existing Conditions: The subject site is currently undeveloped and zoned "A", "RSF-4", "RMF-6", "RMF- 12", and "C-4'. Surrounding: North: The 1-75 right-of-way and the undeveloped Collier Boulevard Mixed-Use Commerce Center PUD. East: The partially developed 1-75/Alligator Alley PUD that permits a mix of commercial and service uses. South: Davis Boulevard and a mix of commercial & residential land uses. West: Partially developed residential zoned Saddlebrook Village PUD that was approved for 438 units with a density of 12 units per acre. AERIAL/LOCATION MAP 2 FEB 2 5 2003 GROWTH MANAGEMENT PLAN CONSISTENCY. The proposed East Gateway PUD has been distributed to the appropriate jurisdictional review entities specifically for a consistency review with the current Growth Management Plan and land development regulations. Future Land Use Element: The subject PUD is designated Urban (Urban - Mixed Use District, Interchange Activity Center #9 Sub-district) on the Future Land Use Map of the Growth Management Plan (See Exhibit "B"). This Interchange Activity Center is intended to permit commercial and industrial land uses that serve regional markets, provided each such use is compatible with existing and approved land uses. This designation will also allow residential density up to 16 units per acre. The entire Activity Center is eligible for up to 100 percent of the uses referenced above, except the maximum amount of commercial acreage shall not exceed 55 percent of the total acreage (632.5 acres) of the Activity Center. Based on staff review of the approved land uses on the adjacent and nearby properties, the proposed commercial, industrial and business park uses and acreage are consistent with the GMP. It should be noted that Interchange Activity Center #9 is subject to the requirements of the Interchange Master Plan (IMP) that was adopted on January 23, 2001 and subsequently incorporated into Section 2.2.35 of the Collier County Land Development Code. All rezones must meet the intent of the IMP vision statement. The IMP is intended to create an enhanced "gateway" to Collier County and the Naples area that will serve as a destination for residents and the traveler's choice place to stop along 1-75 and Collier Boulevard. As a result, emphases will be placed on complementary design themes, landscaping and signage. The East Gateway PUD makes provisions for consistency with the IMP. Traffic Circulation Element: Transportation Planning staff has reviewed the applicant's Traffic Impact Statement (TIS) and has the following comments. The proposed rezone will generate approximately 12,633 weekday trips at buildout in 2005. Of those 12,633 trips, approximately 9,250 daily trips will be new trips added to the roadway system. The following table provides the current traffic conditions in the primary project area. Table 1 - Current Roadway Level of Service Roadway Collicr Boulevard Segment Peak Season Peak Hour Level of Service (LC Directional I Adopted [ Service Volum~ Volume ~tandard[ (Capacity) ! 1644 D [ 1850 I 2549 D [ 1330 1773 i DI, ; 72,; ~ .. %ctual C F Davis Boulevard to Rattlesnakc Hammock Rd 2981( Davis Boulevard [Radio Road to Collier Boulevard [ 21788[ Pine Ridge Road to 1-75 1-75 to Davis Boulevard 2001 AADT 22861 44093 FEB 2 5 2003 Based on current peak season, peak hour conditions, three of the four primary roadway segments to be impacted by the proposed rezoning are deficient under adopted level of service standards. The addition of the new site generated trips will further aggravate poor operational conditions as indicated above. The following table reflects the estimated conditions at buildout of the proposed rezoning application. The table clearly indicates that, given current growth trends, which are intended to take into consideration both general background growth and other approved development, the proposed intensification of the subject property is both significant and adverse under the provisions of the Transportation Element of the Growth Management Plan. Table 2 - Estimated Level of Service at Project Buildout Peak Season Peak Hour Level of Service (LOS) Roadway Segment 2005 AADT Directional Volume Adopted Service Volume Actual Standard (Capacity) Pine Ridge Road to 1-75 27762 2049 D 1850 F Collier Boulevard 1-75 to Davis Boulevard 48802 2980 D 1330 F Davis Boulevard to Rattlesnake Hammock Rd 32278 2025 D 1730 F Davis Boulevard {Radio Road to Coilier Boulevard [ 269741 iD I 900 Objective 5 of the Transportation Element states that the BCC shall not approve any such request (for rezone) that significantly impacts a roadway segment that is already operating or projected to operate within one year at an unacceptable level of service unless specific mitigation stipulations are approved. The Transportation Department has recommended the mitigation measures and the petitioner has agreed to have them placed into the PUD document. The recommended mitigation measures are as follows: The development will be limited to 9,400 square feet of shopping center land use, or its traffic impact equivalent, until such time as improvements are made to Davis Boulevard/SR 84 and Collier Boulevard/CR 951 within the area of impact, or it has been demonstrated by generally accepted transportation practices that Davis BoulevarcliSR 84 and Collier Boulevard/CR 951 will operate at acceptable levels of service with all, or part of the proposed site impacts. This limitation may be modified if and when incremental improvements are made to Davis Boulevard/SR 84 and Collier Boulevard/CR 951 and study data supports that additional capacity has been made available for increased development within the area of impact as a result of said improvements. additional right-of-way required for the 6-1aning improvements, betwee Road and Collier Boulevard/CR 951 would be obtained from lands soul existing Davis Boulevard/SR 84 right-of-way. Should FDOT find az The Davis Boulevard/S.R. 84 Project Development and Environmental Study prepared by the Florida Department of Transportation (FDOT) identified that · Ka~__~ of l. litional FEB 2 5 2003 right-of-way necessary beyond the proposed right-of-way needs, reservation of right-of-way for dedication for improvements to Davis Boulevard/SR 84 must be identified on either the preliminary subdivision plat or site development plan, whichever occurs first. The right-of-way shall be dedicated as fee simple at either the recording of a final plat, prior to the first certificate of occupancy, or within ninety days of the request by Collier County. Any compensation for the right-of- way will be consistent with the requirements of the Land Development Code (LDC), as amended. No buffers/easements or other facilities may be designated within the Davis Boulevard/SR 84 future right-of-way. The petition as amended with the Transportation Department's recommended mitigation measures is therefore deemed consistent with the Goals and Objectives of the Transportation Element of the Growth Management Plan and is recommended for approval subject to the stipulations and mitigation as recommended by staff in the revised PUD document which limits development until the necessary roadway capacity improvements are in place or the applicant can demonstrate that all levels of service within the area of impact can be maintained at an acceptable level of service with the impacts of the proposed rezoning. Applicable Elements: Staff review indicates that the East Gateway PUD has been designed to account for all the necessary relationships dictated by the GMP. Mitigation measures and stipulations have been developed by staff to ensure consistency with the GiMP during the permitting process. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 3.15 of the Land Development Code, Adequate Public Facilities, at the earliest or the next to occur of a final local development order. Therefore, this petition may be considered consistent with the goals and policies of the GMP subject to the staff recommended PUD document which includes stipulations regarding phasing. Staff has concluded that there are significant and adverse issues relating to transportation level of service standards. Appropriate mitigation measures and stipulations will assure that the County's interests are maintained. Consistency with the goals, objectives and policies of other applicable elements of the GMP and level of service relationships are to be achieved by stipulations and/or development commitments made a part of the approval of this development order. EVALUATION OF ENVIRONMENTAL AND TRANSPORTATION: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This includes a review by the Community Development Environmental and Engineering staff, and the Transportation Services Division. The petitioner has submitted an Environmental Impact Statement (EIS) that indicates that the site contains 23.7-acres of SFWMD jurisdictional wetlands. The project will result in impacts to 20.3-acres or approximately 86 percent of the jurisdictional wetlands on site. Project related impacts shall be compensated for by enhancing and preserving 3.4 acres of wetlands and 2.43 acres of uplands o~ Environmental Advisory Council (EAC) reviewed this petition on February 6 I FEB 2 5 2003 recommended denial by a 7 to 0 vote due to their concern that the plans did not contain sufficient information on the proposed mitigation for the impacts to the wetland areas. Conversely, the Collier County Environmental Staff has recommended approval, as noted in the EAC Staff Report (Exhibit "C"), subject to the petitioner providing evidence at the time of site development plan review that the South Florida Water Management District (SFWMD) has required mitigation that compensates fully for the on-site loss of wetland functions. The Transportation Services Division recommends approval of the application subject to the stipulations and conditions as contained in the staff version of the PUD document. This includes limiting the project to 9,400 square feet of shopping center land use or its traffic impact equivalent until such time as improvements are made to Davis Boulevard and Collier Boulevard within the area of impact or it has been demonstrated by generally accepted transportation practices that Davis Boulevard and Collier Boulevard shall operate at acceptable levels of service with all or part of the proposed site impacts. Otherwise, Transportation recommends denial based on inconsistency with Objective 5 of the Transportation Element of the Growth Management Plan. EVALUATION: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impact of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that overview. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the BCC. A summary of each of the potential impacts or considerations identified during the staff review is listed under each of the criterion and culminates 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 (See Pages 10 and 14 of the Staff Report). Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advise as follows: Relationship to Existing Land Uses - In regards to compatibility, it should be noted that the proposed PUD Master Plan provides a preserve area that is approximately 100 feet wide along the western property line. This preserve area will serve as a buffer between the proposed development and the existing Saddlebrook Village development. As depicted on the Saddlebrook Village PUD Master Plan (Exhibit D), interconnections to the proposed East Gateway PUD are limited due to the Preserve Area requirements. However, the East Gateway PUD makes provision for joint access and frontage roads as may be required by the Transportation Department and FDOT. In addition, the proposed uses are 'similar to the adjacent project to the east (The 951 Commerce C; which has been approved for 145,000 square feet of commercial floor area square feet that has already been built. It should be noted that there are wi ,800 hree other ffEB 2 5 2003 quadrants of this Interchange Activity Center that have also been approved and/or developed with similar commercial uses. In the southeast quadrant, the Tollgate PUD has also been approved for 348,600 square feet of commercial uses while 16,640 square feet have been developed. This PUD was also developed with 172,460 square feet of industrial uses. The undeveloped City Gate PUD in the northeast quadrant is approved for 250,690 square feet of commercial uses and 2,666,330 square feet of industrial uses. Lastly, the proposed development regulations, landscaping, screening and buffering requirements contained in this PUD are consistent with the LDC. Based on these findings, the proposed PUD has a positive relationship to the existing land uses. Relationship to Future Land Uses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The property is located within the Interchange Activity Center //9 as depicted on the Future Land Use Map. Since this district permits commercial and residential uses (up to 16 units per acre), the proposed commercial/industrial PUD is consistent with the GMP. These uses are also compatible with the commercial uses to the east and south. Given the urban influence impacting this area, the proposed rezone to allow mixed-use commercial/industrial uses similar to those uses approved in this Interchange Activity Center is consistent with requirements of the FLUE of the GMP. Commercial Demand Analysis - An analysis of commercial demand for this project was conducted in 2000 by Feasinomics, Inc. This analysis indicates that there has been an increase in employment centers, along with the increase in residential developments in this area which has resulted in an increase demand for community and regional support. The growing development of new communities in the area south of 1-75 along Collier and Davis Boulevards totaling approximately 13,665 dwelling units within the projects trade area provides sufficient demand for the proposed project. Utili .ty Infrastructure - Water and sewer service is available to this site. Traffic Circulation and Impact - As noted in the Growth Management Plan review for Traffic Circulation, the proposed project will have a significant impact on Collier Boulevard (C.R. 951) as well as on Davis Boulevard (S.R. 84) both of which are currently operating below their adopted level of service standards. Should the project be approved, conditions and stipulations have been incorporated into the PUD document for site related improvements that include providing vehicular interconnection to adjacent properties. In addition, the project shall be phased to only permit 9,400 square feet of shopping center land use or its traffic impact equivalent until such time as capacity improvements are made to Davis Boulevard and to Collier Boulevard within the area of impact. FEB 2 5 2003 STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition PUDZ- 01-AR-1842 to the Board of County CommiSsioners with a recommendation for approval subject to stipulations contained in the PUD document which include the following: · The petitioner shall provide evidence at the time of site development plan review that the South Florida Water Management District (SFWMD) has required mitigation that compensates fully for the on-site loss of wetland functions.. · The development will be limited to 9,400 square feet of shopping center land use, or its traffic impact equivalent, until such time as improvements are made to Davis Boulevard/SR 84 and Collier Boulevard/CR 951 within the area of impact, or it has been demonstrated by generally accepted transportation practices that Davis Boulevard/SR 84 and Collier Boulevard/CR 951 will operate at acceptable levels of service with all, or part of the proposed site impacts. This limitation may be modified if and when incremental improvements are made to Davis Boulevard/SR 84 and Collier Boulevard/CR 951 and study data supports that additional capacity has been made available for increased development within the area of impact as a result of said improvements. · The Davis Boulevard/S.R. 84 Project Development and Environmental Study prepared by the Florida Department of Transportation (FDOT) identified that additional right-of-way required for the 6-1aning improvements, between Radio Road and Collier Boulevard/CR 951 would be obtained from lands south of the existing Davis Boulevard/SR 84 right-of-way. If at the time of preliminary subdivision plat or site development plan review, whichever occurs first, additional right-of-way is required by FDOT beyond the proposed right-of-way needs, the reservation of the additional right-of-way for dedication for improvements to Davis Boulevard/SR 84 must be identified. The right-of-way shall be dedicated as fee simple at either the recording of a final plat, prior to the first certificate of occupancy, or within ninety days of the request by Collier County. Any compensation for the right-of-way will be consistent with the requirements of the Land Development Code (LDC), as amended. No buffers/ easements or other facilities may be designated within the Davis Boulevard/SR 84 future right-of-way. FEB 2 5 2003 PREPARED BY: RAY ]~LI_:oW$; CI-1TEF PLANNER CURRENT PLANNING SECTION 1-13 -0:5 DATE REVIEWED BY: ~USA~ ~~~ C~f~T PLANNING~~ /-/ DATE DATE APPROAf, ED BY: ~ (~Staff Report for the February 6, 2003 CCPC meeting. ' D~TE~ COLLIER COUNTY PLANNING COMMISSION: KENNETH L. ABERNATHY, CHAIRMAN RVB/rb/STAFF REPORT/AR- i $42 FEB 2 5 20~3 REZONE FINDINGS PETITION PUDZ-01-AR-1842 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: 1. 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. The subject property is located within Activity Center #9 as depicted on the Future Land Use Element {,FLUE) of the Growth Management Plan. Development Orders deemed consistent with all applicable elements of the FLUE of the GMP should be considered a positive relationship. The proposed East Gateway PUD is in compliance with the FLUE of the GMP. The uses permitted within this PUD are also consistent with the other PUD projects within this Activity Center. The proposed uses are consistent with the uses allowed within Activity Center #9. e e e The existing land use pattern; To the east is an approved commercial PUD and to the south is the Westport Commerce Center PUD. These are mixed-use commercial PUD projects within this Activity Center. The possible creation of an isolated district unrelated to adjacent and nearby districts; The subject site is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts and is located within an Activity Center #9. In addition, the site is adjacent to existing commercial PUD projects. It is also consistent with expected land uses by virtue of its consistency xvith the FLUE. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The district boundaries are logically drawn and they are consistent with the FLUE of the GMP. The properties to the east and south are zoned PUD and they contain similar commercial uses. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed zoning change is appropriate based on the approved commercial land uses on the subject site and because of the project's relationship to the GMP is a pos~ ~ve orll~.~A ~ FEB 2 5 2003 10 e Whether the proposed change will adversely influence living conditions in the neighborhood; The proposed East Gateway PUD will not adversely influence living conditions in the nearby residential neighborhoods to the south and west 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 (i.e. landscaping) made a condition of approval will go a long way towards offsetting any potential adverse influences on the residential subdivision to the west of the project. Conversely, this commercial project could cause increased noise and traffic impacts on the nearby residences Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Transportation Element of the GMP and was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion below adopted standards. 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 rezone actions are subject to the Concurrency Management System. In addition, the property fronts directly on Davis Boulevard, a public road thereby providing access to the arterial road network over which traffic from this mixed use development will draw and defuse traffic. Whether the proposed change will create a drainage problem; The Land Development Code specifically addresses the required drainage standards that are needed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. The East Gateway PUD was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. Urban intensification in the absence of commensurate improvement to inter-county drainage appurtenances may increase the risk of flooding in areas when the drainage outfall condition is inadequate. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; The proposed East Gateway PUD development is compatible with the approved zoning on the adjacent property to the east and south. In addition, the maximum hei structures as provided for in the PUD is similar to the maximum height the Activity Center. The overall development standards are compatible standards listed for the similar commercial districts, which are designed to 11 circulation of light and air to adjacent areas. All projects in Collier County are subject to the development standards that are unique to the zoning district in which they are located. 10. Whether the proposed change will adversely affect property values in the adjacent area; Typically urban intensification increases the value of contiguous underutilized land. The mere fact that a property is giVen a new zoning designation may or may not affect value. As has been previously discussed, this is a subjective determination based upon anticipated results, which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. Lastly, no information has been presented that would indicate that the proposed rezone will adversely impact property values. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The basic premise underlying all of the development standards in the zoning division of the LDC is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that the change in zoning to the East Gateway PUD will not result in a deterrence to improvement of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed East Gateway PUD complies with the GMP, which contain public policy statements supporting zoning actions when the policies are consistent with said plans. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the GMP. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The subject PUD complies with the Growth Management Plan while the intensity of land uses is deemed acceptable for this site. In addition, the East Gateway PUD is designed in a manner that is compatible with the surrounding existing and undeveloped ~mm~rt'ial projects in size and scale. Conversely, residential property owners Saddlebrook subdivision to the west may feel that the proposed change is with the neighborhood. 12 FEB252003 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are many sites, which are zoned to accommodate the proposed development. However, this is not the determining factor when evaluating the appropriateness of a rezoning decision. The primary determining factors 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 range of potential uses under the proposed zoning classification. The extent of site alteration will be determined as a function of obtaining Site Development Plan approval to execute the PUD's development strategy. Conversely, development of the site may create a need for additional fill and site alteration for infrastructure improvements. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The applicable multi-disciplined teams responsible for jurisdictional elements of the GMP have reviewed the subject East Gateway PUD and they have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. AR-1842/RVB/rb FEB 2 5 2003 FINDINGS FOR PUD PUDZ-01-AR-1842 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. Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the PUD document give assurance that all infrastructures will be developed and are consistent with County regulations. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the Growth Management Plan. In addition, intensifying land development patterns produces economics of scale relative to public utilities, facilities and services, which are currently available in this area along Davis Boulevard (SR-84) and Collier Boulevard (CR-951). Furthermore, the development of land that is located on an arterial road, is within Activity Center//9, and is adjacent to commercial uses is particularly suitable for commercial uses. The pattern of development of surrounding properties is similar to the type of development proposed including the industrial/business park uses. Conversely, the adjacent and nearby neighborhoods often perceive a mixed use commercial/industrial development as an intensification near their neighborhood as contributing factors to inconveniencing traffic movements to and from their place of residence, increasing noise and pollution, and reducing property values. This perception is heightened due to the fact that Davis Boulevard from C.R. 951 to Radio Road is operating at LOS "F". Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas within this project. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. The subject petition has been found consistent with the goals, objectives and policies of the GMP. A review of consistency relationships with elements of the GMP is as follows: The subject PUD proposes to allow commercial/industrial uses consistent with the approved PUD projects within this Activity Center. These commercial/industrial uses are also consistent with the Future Land Use Element (FLUE) of the Growth Marm~ement Plan. Since the site is currently designated Mixed Use Activity Center #9 on tl~e FLI.~W~A the subject site is subject to the conditions of the Interchange Master Plan that]has II~~ developed for this Activity Center. / FE~ The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The 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 PUD has been designed to provide similar uses and development standards as the approved 1-75/Alligator Alley PUD to the east. In addition, the preserve area is contiguous with the Saddlebrook Village PUD to the west. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. J The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Timing or sequence of development in light of concurrency requirements automatically triggers the mechanism for ensuring that further LOS degradation is not allowed or the LOS deficiency is corrected. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. 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. This petition seeks to provide commercial zoning that is adjacent to a commercial zoned PUD. This will result in an additional 19.54 acres of commercial zoning. However, this project will not adversely impact any adopted level of service standard. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This 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 are similar to those standards. AR- 1842/RVB/rb 15 AGENDA ITEM~ FEB 2 5 2003 ! I EXHIBIT "B" l I l! l l ii I l RAY BELLOWs Iten ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF FEBRUARY 6, 2001 II. III. IV. NAME OF PETITIONER/PROJECT:. Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: Planned Unit Development No. PUDZ-2001-AR- 1842 East Gateway PUD Thomas G. Eckerty, Trustee 1-75 Exit 15 Land Trust RWA, Inc. Passarella & Associates, Inc. LOCATION: The subject property is located on the south side of Interstate 1-75, approximately one-quarter mile west of Collier Boulevard, in Section 34, Township 49 South, Range 26 East, Collier County, Florida. The site is also situated immediately north of Davis Boulevard and just east of the Saddlebrook PUD. o DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties include partially developed properties and two major road right-of-ways. ZONING DESCRIPTION N - R.O.W. Interstate 1-75 S - R.O.W. Davis Boulevard PUD (I-75/Alligator Alley) Partially Developed PUD (Saddlebrook Village) Partially Developed PURPOSE/DESCRIPTION OF PRO,[ECT: The intent of this petition is to rezone a 37.39-acre site from:":A" Agricultural, RSF-4, RMF-6, RMF-12 and C4 to the "PUD" Planned Unit I~velo' ~ment · "- EXHIBIT ,'c" '-' FEB 2 5 20lB EAC Meeting Page 2 of 9 We Zoning District. The purpose is to allow 200,000 square feet of commercial retail uses and 250,000 square feet of industrial/office park uses. The Master Plan indicates that the main access point to this property is from Davis Boulevard while a secondary access is from the adjacent 951 Commerce Center PUD. Lastly, water and sewer service are readily available to support development of the site. GROWTH MANAGEMENT PLAN CONSISTENCY: This PUD has been distributed to the appropriate jurisdictional review entities specifically for review of the PUD for consistency with the current Growth Management Plan and land development regulations. Future Land Use Element: The subject PUD is designated Urban Commercial District, Interchange Activity Center #9 Sub-district on the Future Land Use Map and Element (FLUE) of the Growth Management (GMP). This designation permits a full array of commercial land uses; residential and non-residential uses, institutional uses and Business Park uses. Interchange Activity Center #9 is subject to the requirements of the Interchange Master Plan for enhanced design standards. Based on staff review of the approved land uses on the adjacent and nearby properties, the proposed uses are consistent with the Future Land Use Element of the GMP. Conservation & Coastal Management Element: Objective 2.2. of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet ali applicable federal, state, or local water quality standards. To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system. This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing swales and interconnected retention areas to provide water quality retention and peak flow attenuation during storm events. With regards to native vegetation preservation and wetland issues, the following Objectives and Policies apply: FEB EAC Meeting Page 3 of 9 Objective 6.2 states, "There shall be no unacceptable net loss of viable naturally functioning marine and fresh water wetlands, excluding transitional zone wetlands which are addressed in Objective 6.3". Policy 6.2.10 states, "Any development activity within a viable naturally functioning fresh-water wetland not part of a contiguous flow way shall be mitigated in accordance with current SFWMD mitigation rules. Mitigation may also include restoration of previously disturbed wetlands or acquisition for public preservation of similar habitat". Policy 6.2.13 states, "Proposed development on parcels containing viable naturally functioning freshwater wetlands shall cluster development to maintain the largest contiguous wetland area practicable and shall be designed to disturb the least amount of native wetland vegetation practicable and to preserve the pre- de~,'eiopment hydroperiod". Objective 6.3 states, "A portion of the viable, naturally functioning transitional zone wetlands shall be preserved in any new non-agricultural development unless otherwise mitigated through the DEP and the COE permitting process and approved by the County". Objective 6.4 states, "A portion of each viable, naturally functioning non-wetland native habitat shall be preserved or retained as appropriate". Policy 6.4.6 states, "All new residential developments greater than 2.5 acres in the Coastal Area and greater than 20 acres in the Coastal Urban Area shall retain 25% of the viable naturally functioning native vegetation on site, including both the understory and the ground cover emphasizing the largest contiguous area possible. When several different native plant communities exist on site, the development plans will reasonably attempt to preserve examples of all of them if possible. Areas of landscaping and open space which are planted with native plant species shall be included in the 25% requirement considering both understory and groundcover. Where a project has included open space, recreational amenities, or preserved wetlands that meet or exceed the minimum open space criteria of Collier County, this policy shall not be construed to require a larger percentage of open space set aside to meet the 25% native vegetation policy. This policy shall not be interpreted to allow development in wetlands, should the wetlands alone constitute more than 25% of the site. Exceptions shall be granted for parcels that cannot reasonably accommodate both the native vegetation and the proposed activity". This petition is consistent with staff's policy, as directed by the Board Commissioners, to allow for impacts to jurisdictional wetlands when Federal agency permits are issued. The petition is consistent with Objec FEB 2 5 2803 EAC Meeting Page 4 of 9 that it provides for 25% on-site native vegetation preservation pursuant to Policy 6.4.6. VI. MAJOR ISSUES: Stormwater Management: The permitting for this project will be done by the SFWMD. The stormwater management system will consist of grassed swales and a catch basin / culvert system to convey runoff to the dry detention system. The outfall is through a water control structure on the west side and into the existing preserve area on the Saddlebrook project with the ultimate outfall being the Main Golden Gate Canal to the north. The site is located within the Main Golden Gate Canal Basin. There are no County stormwater maintenance facilities in the vicinity of the project. Environmental: Site Description: Native habitats on site include pine flatwoods, pine-cypress, willow and wet prairie. There is also a disturbed area, which is vegetated with native species. Habitats are illustrated in Figure 2 and Exhibit B in the Environmental Impact Statement (EIS). Portions of the site are infested with Melaleuca. FLUCFCS Code 4119 Pine Flatwoods, Disturbed I FE, 2 5 2003 EAC Meeting Page 5 of 9 FLUCFCS Code 4159 Pinewoods, Disturbed According to the Collier County Soil map of the area (Figure 3 in the ELS), the following two soil types are found on the property: Pineda fine sand, limestone substratum (Unit 14) and Boca fine sand (Unit 21). Soil Map Unit 14 is listed as a hydric soil by the Natural Resources Conservation Service. Non-hydric soils are located in the center of the property. Current and historic seasonal high water levels for the project were estimated by identifying biological indicators (i.e., lichen lines, water marks, buttress on cypress trees, etc.) of water levels in the field. Based on the biological indicators, recent seasonal high water level were estimated to be approximately seven inches above ground level, and the recent average wet season water table was estimated to be. approximately six inches above ground level in the wet prairie. Wetlands: Approximately 23.7 acres of South Florida Water Management District (SFWMD)/ColIier County jurisdictional wetlands have been identified on the property (Figure 2 in the EIS). Wetland lines were field verified by Lisa Earhart from the SFWMD on May 4, 2000. Jurisdictional wetlands conSist of pine-cypress (22.9 acres), willow (0.1 acres), and wet prairie (0.7 acres). EAC Meeting Page 6 of 9 FLUCFCS Code 6249 (75-100%) Pine-Cypress, Disturbed (75-100% Exotics) The project will result in impacts to 20.3 acres or approximately 86 percent of the jurisdictional wetlands on site. Project related impacts will be compensated for by enhancing and preserving 3.4 acres of wetlands and 2.3 acres of uplands on site. Preserved habitats will be enhanced by removal of exotic vegetation. Mechanical removal of exotics will occur in areas of 75 to 100 percent cover by Melaleuca. After exotic vegetation has been removed, cleared areas will be contoured to three inches below grade. If available, a three inch layer of wetland topsoil will be added to the contoured site in order to obtain final wetland grades. Wetland topsoil will be excavated from pre-approved donor sites within the permitted wetland impact areas. After review and approval of final grades, the areas will be planted with native wetland vegetation. A re-vegetation planting plan for areas where mechanical removal is to occur, is included as Exhibit E in the lEIS. No off-site mitigation is proposed at this time. Preservation Requirements: Pursuant to section 3.9.5.5.3 of the Collier County Land Development Code, a minimum of 9.34 acres (25% of the viable, naturally functioning native vegetation on site) will be retained or replanted on site. The preserve area depicted on the PUD master plan is approximately 5.7 acres. The remaining 3.64 acres of native vegetation will be planted and/or retained elsewhere on site. Listed Species: FEB 5 2003 EAC Meeting Page 7 of 9 The 37.4 acre site was surveyed for wildlife species listed by the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS) as endangered, threatened, or species of special concern; and for plant species listed by the Florida Department of Agriculture (FDA) and USFWS as endangered, threatened, or commercially exploited. Additional observations for listed species were conducted incidentiai to on-site activities associated with vegetation mapping and wetland flagging. No listed wildlife species were observed during the survey or during other on-site activities. Additionally, a red-cockaded woodpecker nesting season survey was conducted on site from June 11 through 17, 2001. This survey was conducted per the guidelines suggested by Andy Eller of the U.S. Fish and Wildlife Service. The survey methodology and results are provided as Exhibit H in the EIS. No red- cockaded woodpeckers were seen or heard during the seven-day survey. No red- cockaded cavity trees were identified on the site. Listed plant species observed on the property included giant wild pine (¥illandsia utriculata) and stiff-leaved wild pine (Tillandsia fasciculata). Both species are scattered throughout the site. Each is listed as endangered by the Florida Department of Agriculture. VII. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. PUDZ-2001-AR- 1842 "East Gateway PUD" with the following stipulations: Stormwater Manaeement_: 1. The project must obtain a Surface Water Management Permit from the South Florida Water Management District. Environmental: I Add the following stipulation to section 5.8 of the PUD document. Prior to final site plarffconstmction plan approval, petitioner shall provide evidence that the South Florida Water Management District (SFWMD) has required mitigation that compensates fully for the on-site loss of wetland functions. FEB 2 5 2003 u. ee e e e ,~ee e e e ' ' . ~ . . . Proposed East · , , , · , , Gateway PUD FEB 2 5 2003 EXHIBIT "D" APPLICATION FOR PUBLIC HEARING FOR:PUD REZONE Petition No.: Commission District: PUDZ-2001-AR-1842 Date Petition Received:_ PROJECT #19990025 DATE: 12/7/01 Planner Assigned: .. RAY BELLOWS ABOVE TO BE COMPLETED BY STAFF Thomas G. Eckerty, Trustee for 1-75 Exit 15 Land Trust 12734 Kenwood Lane, Suite 89 General Information:, Name of Applicant(s) Applicant's Mailing Address City Fort Myers . State Applicant's Telephone #: Name of Agent Dwight Nadeau Agent's Mailing Address City Naples Agent's Telephone #: (941) 936-8338 Florida Zip 33907 Fax #: (941) 936-2988 Firm: RWA, Inc. 3050 North Horseshoe Drive, Suite 270 State Florida Zip 34104 649-1509 Fax #: 649-7056 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941)403-2400fFAX (941)643-6968 APPLICATION FOR PUBLIC HEARING FOR PUD REZONE-5/98 FEB 2 5 2003 Disclosure of Interest Information: If the property is owned f~ simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownerskip bo If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Percentage of Stock Co If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address See attached List of Beneficiaries Percentage of Interest APPLICATION FOR PUBLIC HEARING FOR PUD REZONF~98 FEB 2 5 2003 PAG~F 18 do If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownerslfip eo If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: If any contingency clause of contract terms involve additional parties, individuals or officers, if a corporation, partnership, or trust. Name and Address list all go Date subject property acquired (x) leased ( ): l 0/14/91 Term of lease If, Petitioner has option to buy, indicate date of option: terminates: ., or anticipated closing date Ws./mos. and date option APPLICATION FOR PUBLIC HEARING FOR PUD REZONE-S/98 FEB 2 5 2003 ho Should any changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf', to submit a supplemental disclosure of interest form. Detailed legal description of the property, covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 34 Township: 49 S Range: 26 E Lot: . Block: Subdivision: Plat Book ~ Page #: Property I.D.#: 00297000004 Metes & Bounds Description: THE EAST 726 FEET OF THE WEST ½ OF THE SOUTHEAST ¼, LYING SOUTH OF 1-75, IN SECTION 34, TOWNSI-II~ 49, SOUTH RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE SOUTH 50 FEET THEREOF. SAID PARCEL CONTAINING 37.39 ACRES MORE OR LESS, SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. Size of property: 725+ ft.X 2388+ R.=TotalSq. Ft. 1,628,824.8 Acres 37.39 Address/general location of subiect property.: The property_ is located in the southw~t quadrant of the 1-75, Exit 15 Interchange, with frontage on Davis Boulevard (S.R. 84). APPLICATION FOR PUBLIC HEARING FOR PUD REZONE-5/9$ FEB 2 5 2003 6. Adiacent zonin~ and land use: Zoning Land use N A, Agriculture Undeveloped S A, and PUD Undeveloped E PUD Platted, and developing w/commercial uses W PUD Apartment development/Undeveloped Does the owner of the subject property 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). YES Section: 34 Township: 49S Range: 26E Lot: Block: Subdivision: Plat Book _ Page #: Property I.D.#: 0029684003 Metes & Bounds Description: A PARCEL OF LAND LOCATED IN SECTION 34, TOWNSHIP 49. SOUTH RANGE 26 EAST COLLIER COUNTY FLORIDA AND MORE PARITICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SoLrrHEAST ¼ OF SECTION 34 TOWNSHIP 49 SOUTH RANGE 26 EAST AND RUN N 00°25'45''w ALONG THE NORTH- SOUTH ¼ LINE OF SAID SECTION 34 A DISTANCE OF 50.00 FEET TO THE "POINT OF BEGINNING"' THENCE CONTINUE N 00°25'45''W ALONG SAID NORTH-SOUTH ¼ LINE OF SECTION 34 A DISTANCE OF 2 574.77 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF INTERSTATE 75- THENCE RUN ALONG SAID RIGHT-OF-WAY S73O05'26'' E A DISTANCE OF 507.36 FEET- THENCE RUN S69°02'19'E A DISTANCE OF 115.28 FEET' THENCE LEAVING SAID RIGHT-OF-WAY OF INTERSTATE 75 RUN S00o27'59"E A DISTANCE OF 1 295.34 FEET- THENCE RUN N89°47'22'W A DISTANCE OF 379.59 FEET- THENCE RUN N42°50'51''W A DISTANCE OF 85.26 FEET- THENCE RUN S47o09'09"W A DISTANCE OF 128.45 FEET TO A POINT OF CURVA~ OF A CURVE CONCAVE SOUTHI}_ASTERLY' THENCE RUN 62.28 FEET ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 75.00 FEET A CENTRAL ANGLE OF 47"34'54" A CHORD BEARI~_G OF S23°21'42''W AND A CHORD DISTANCE OF 60.51 FEET ~ TANGENCY' THENCE RUN S00°25'45''E A DISTANCE OF 732.20 FEET' ~ APPLICATION FOR PUBLIC HEARING FOR PUD REZONF~$/98 p[ t : 03 THENCE RUN S15°24'05"E A DISTANCE OF 226.80 FEET; THENCE RUN S00°00'I6"E A DISTANCE OF 61.21 FEET; THENCE RUN N89°43'lS"W A DISTANCE OF 94.33 FEET TO THE "POINT OF BEGINNING"; SAID PARCEL CONTAINING 20.00 ACRES MORE OR LESS, SUBJECT TO EASEMENTS RESTRICTIONS, AND RESERVATIONS OF RECORD. Rezoning Request: This application is requesting a rezone fi.om the RSF-4, RMF-6, RMF-12, and C-4 zoning district(s) to the Development zoning district(s). A, Agriculture, PUD, Planned Unit Present Use of the Property: Undeveloped Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. Standard Rezone Considerations (LDC Section 2.7.2.5) 1. 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. Yes, see the Statement of Compliance located in the East Gateway PUD Document. 2. The existing land use pattern. Yes, the proposed project will be consistent with the existing land use pattern, given the recent approvals of PUD Zoning adjacent and surrounding the proposed PUD property. 3. The possible creation of an isolated district unrelated ~0 adjacent and nearby districts. No, the proposed PUD Zoning District will be comparable and compatible to .the recently approved PUD Zoning Districts adjacent and surrounding the subject property. APPLICATION FOR PUBLIC HEARING FOR PUD RF-~'ONE-5/98 FEB 2 5 2003 PAGE 6 OF 18 , ~.~_l~-- o Y~hether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. Yes, the Agricultural Zoning District in the Urban/Mixed Use Future Land Use Designation is merely a holding District until it is appropriate for a change to a Urban District. The isolated residential zoning districts are no longer appropriate given the developing commercial and industrial land uses to the east. ~Ttether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. The subject property was recently added to the Interchange Activity Center on the Future Land Use Map in recognition of its suitability for commercial and other intensive land uses. Conditions surrounding the property and its convenient access to 1-75 are ideal to support this proposed mixed-use project based on changing conditions and increased population growth in the area. I~/hether the proposed change will adversely influence living conditions in the neighborhood. No, the proposed change will not adversely influence living conditions in the neighborhood of the project site. The development regulations proposed, buffer areas, open spaces, and limitations on building height will ensure the proposed development will be compatible and complementary with other surrounding land gYhether 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. No, the proposed project will not create traffic deemed incompa.tible with surrounding land uses. However, the TIS identifies the need for additional road The proposed Interchange Master Plan for impro, vements in the general area. Actiwty Center 09 will address needed improvements for the general area. The proposed development will provide for shared access with a developing commercial subdivision to the east. ~~~.~ APPLICATION FOR PUBLIC HEARING FOR PUD REZONE-5/98 FEB 2 5 2003 p~.p~7 OF 18 8. Whether the proposed change will create a drainage problem. No, the drainage infrastructure commitments attendant to the approval of this PUD will significantly improve existing drainage. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. No, the development standards in the PUD document ameliorate any potential light reduction issues, and standard practices for infrastructure construction will include the regular watering of unfinished roadways. 10. Whether the proposed change will seriously affect property values in the adjacent area. This is a subjective determination based upon anticipated results, which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning; however, zoning by itself may or may not affect values, since the determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. The proposed PUD should have a positive impact on property values. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. No, the basic premise underlying the zoning development standards in the Collier County Land Development Cede, which the PUD document will become a part of, if approved, is that their application, when combined with the approvals processes, gives reasonable assurance that a change in zoning will not deter improvement of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. No, the proposed PUD rezoning complies with the Growth Management Plan. Public policy statements support zoning actions when the are consistent with ~aid Plan. In Hght of this fact, the proposed zoning change does not constitute a grant of special privilege. Consistency with the Future Land Use Element of said Plan is ~further determined to be a public welfare relationship because actions consistent with the Plan are in the public interest. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE-~ga 20O3 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property can be developed in accordance with the existing zoning, however, to do so would deny this Petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the Future Land Use Element of the Growth Management Plan. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. No, the proposed change is not out of scale or character with the needs of the neighborhood or County, based on the project's location in relation to the interchange where higher intensity land uses are encouraged. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. There a few sites that are zoned to accommodate the proposed development, but this is not usually the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the Growth Management Plan, compatibility, adequacy of infrastructure, and to some extent the timing of the action and ali 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 useable for any of the range of potential uses under the proposed zoning classification. The extent of site alteration will be determined as a function of obtaining development plan approvals that will further define the PUD. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE-5/98 FEB 2 5 2003 9 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County growth management plan and as defined and implemented through the Collier County ~4dequate Public Facilities Ordinance {Code ch. 106, art. III, as amended. The programmed improvements as set forth in Collier County's Capital Improvement Element of the Growth Management Plan, combined with the needed improvements that will be addressed by the Interchange Master Plan will ensure the adequacy of public services and levels of service to be consistent with the Growth Management Plan relationships. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. Sufficient safeguards are contained in the proposed PUD Ordinance and Master Plan for the protection of the public health, safety and welfare. PUD Re~one Considerations (LDC Section 2. 7.3.2.5) 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. The proposed PUD's consistency with the locational criteria set forth on the Future Land Use Map and supporting Future Land Use Element (FLUE), of the Growth Management Plan (GMP), and consistency with the applicable Elements related to access, drainage, water, sewer, and other utilities, combined with the development conditions and commitments contained in the proposed PUD document give assurance that all infrastructure will be developed consistent with County regulations. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE-5/98 FE'E1 2 5 2003 PAGE 10 OF 18- 2. Adequacy of evidence of uni. fied control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. The documents submitted with this Petition Application provide evidence of unified control. Further, the proposed PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. Please refer to the Statement of Compliance located in the East Gateway PUD Document. 4. The internal and external compatibility of the proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The PUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation. Additionally, most external relationships are automatically regulated by the Land Development Code to ensure harmonious relationships between projects. 5. The adequacy of useable open space areas in existence and as proposed to serve the development. The amount of open space set aside by this proposed project meets or exceeds the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The timing and sequence of the permitting the proposed development coinci"des with the programming of the County's proposed capital improvements to meet concurrency requirements. Adequate improvements, utilities and other facilities Can be provided. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE-S/98 FEB 2 5 2003 PAGE ll~QF 18 10. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads is supportive of conditions emanating from urban development. Relative to this Petition, development of the subject property is timely, because supporting infrastructure are available, or will be in place by the time permitting of the proposed improvements is complete. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The development standards in the proposed PUD document are similar to those standards used for the re__s_id__ent_!a! ._structures and related improvements when compared to County regulations. o Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the sub|ect properO;.: hearing been held on this property within the last year? hearing?. No To your knowledge, has a public If so, what was the nature of that 11. Additional Submittal requirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. a. A copy of the preapplication meeting notes; APPLICATION FOR PUBLIC HEARING FOR PUD I~F-~ONE-.~i If this rezone is being requested for a specific use, provide fifteen (15) copies of a 24" x 36" conceptual site plan [and one reduced 8½" x 11" copy of site plan], drawn {0 a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB, or CCPC]: · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), · all existing and/or proposed parking and loading areas [including matrix indicating required and provided parldng and loading, including required parking for the disabled], · required yards, open space and preserve areas, · proposed locations of utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, Co An architectural rendering of any proposed structures. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC), or a request for waiver if appropriate. e. Whether or not an ElS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with the Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). f. Statement of utility provisions (with all required attachments and sketches); g. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; h. A historical and archeological survey or waiver application if the property is located within an area of historical or archaeological probability (as identified at pre- application meeting); i. Any additional requirements as may be applicable to specific uses and identified during the pre-application meeting, including but not limited to any required stat~ or federal permits. ~.~.~ FEB 2 5 2003 PPLICATION FOR PUBLIC HEARING FOR PUD REZDNF-.-SD$ 'i m e STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST NAME OF APPLICANT: MAILING ADDRESS: CITY Fort Myers Thomas G. Eckerty~ Trustee 12734 Kenwood Land~ Suite/t89 STATE Florida ZIP 33907 ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): The property is located in the southwest quadrant of the 1-75, Exit 15 Interchange, with frontage on Davis Boulevard (S.R 84). LEGAL DESCRIPTION: Section: 34 Township: 49 S Range: 26 E Lot: Block: Subdivision: Plat Book ~ Page #: Property l.D.#: 00297000004 Metes & Bounds Description: THE EAST 726 FEET OF THE WEST ½ OF TI-Il:. SOUTHEAST ¼, LYING SOUTH OF 1-75, IN SECTION 34, TOWNSHIP 49, SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE SOUTH 50 FEET THEREOF. SAID PARCEL CONTAINING 37.39 ACRES MORE OR LESS, SUBYECT TO EASEMENTS, RESTKICTIONS AND RESERVATIONS OF RECORD. APPLICATION FOR PUBLIC HEARING FOR PUD RE?ONE-5/gS FEB 2 5 2003 g ..A L 4 OF 18 10. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check Applicable system): a. COUNTY UTILITY SYSTEM [] b. CITY UTILITY SYSTEM ['-I c. FRANCHISED UTILITY SYSTEM [] PROVIDE NAME d. PACKAGE TREATMENT PLANT [] (GPD capacity) [] e. SEPTIC SYSTEM TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) [] [] [] TOTAL POPULATION TO BE SERVED: Not Aoolicable PEAK AND AVERAGE DAILY DEMANDS: WATER-PEAK 112~500 GPD AVERAGE DAILY 45~000 GPD SEWER-PEAK 180~000 GPD AVERAGE DAILY 45~000 GPD IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: 2002 - NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. FEB 2 5 2003 ~ APPLICATION FOR PUBLIC HEARING FOR PUD I~F.7ONE-$/9~ PAGE 15 OF 18 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of all construction of these facilities in accordance with all applicable County ordinances in effect at the time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for the pre-application meeting, ff the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Provision Statement RJM 10/17/97 COLLIER COUNTY UTILITY DEDICATION I, Thomas G. Eckerty, as Trustee for the 1-75 Exit 15 Land Trust., hereby agree to dedicate the proposed water distribution and sewer collection facilities to be constructed in the East Gateway project to Collier County. If applicable, the 1-75 Exit 15 Land Trust, also agrees to pay the County Utilities Division system deve/~ent charges ~nne~ion fees prior to the issuance of building permits by the County¢.~/~~ ~~ Thomas G. Eckerty, Trustee '/) 1-75 Exit 15 Land Trust / ST^TE Or 'CC tr coterr¥ The foregoing instrument was acknowledged before me this. ~4~ day of /xl~'~nDe~- , 2000, by Thomas (3. Eckerty, on behalf of the 1-75 Exit 15 Land Trust, who is personally known to me, and who dFdmot take an oath. , (.ARY PUBLIC ~--/ ; NOTARY PUBLIC Commission Number: W't ~ n~s ~y hand and s~l this ~a day of ,2000. APPLICATION FOR PLrBLIC HEARING FOR PlO RE?ONE-S/g8 FE! 2 5 2003 PAGE 16 PUD REZONE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED PACKETS REQUIREMENTS I. Com leted A lication 2. Copy of Deed(s) and list identifying Owner(s) and all Partners if a Corporation _______ ~ Ow.n~ A~, Notarized __---- 4. Pre-a_Ep~cation notes/minutes ~ 5. Conceptual Site Plans _______ ~. Environmental Impact Statement-(EIS) Aerial Photo ra~'ith habitat areas identified_~____ Completed Utility Provisions Statement (with required attachments and sketches -------- #OF COPIES 15 1 1 Historical & Archaeological or Waiver ,tate and/or Federal 12. Architectural Rendering of Proposed Structure(s) 13. Ap[ be made payable to Collier County Board of Commissioners 14. Other Requirements - 15 4 4 WITH APPLICATION REQUIRED X X X X X NOT REQUIRED X X X X X As the authorized agent/applicant for this petition, I attest that all the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of process of this petition. APPLICATION FOR PUBLIC HEARING FOR PUD REZ~NF_.-SD$ bOO ~.t~ A FI'EM FEB 2 5 2003 AFFIDA FIT L Thomas G. Eckerty, beingfirst duly sworn, depose and say that I am Trustee for the 1-75 Exit 15 Land Trust, who is owner of the properly described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. ! understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As contract purchaser I further authorize Dwight Nadeau, Planning Manager of RWA, Inc., a~y~~~~vrepresen tat ire in anymatters regarding th isPetition. Signature ~f Own~r ' ~ ' to Typed or Printed Name of Owner The for~g_oing ~4pplication was acknowledgqd before me this ~ day of ~ ,2001, by ~-~~ '~. ~/(.~"-~rt~... ,who is t~lly k~own to me, or who has produced J as identification.L PAGE 18 OF 18 FEB 2 5 2003 October 26, 2001 RWA, Inc. 3050 North Horseshoe Drive, Suite 270 Naples, Florida 34104 To Whom It May Concern: Please be advised that authorization is hereby given to the firm of RWA, Inc., to act as agent for 1-75 Exit 15 Land Trust, in all actions relating to the permitting of a commercial/industrial development on the following described lands: THE EAST 726 FEET OF THE WEST ~A OF THE SOUTHEAST ¼, LYING SOUTH OF 1- 75, IN SECTION 34, TOWNSHIP 49, SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE SOUTH 50 FEET THEREOF. SAID PARCEL CONTAINING 37.39 ACRES MORE OR LESS, SUBJECT TO EASEMENTS, RESTRICTIONS AND RESEKVATIONS OF RECORD. Thomas G. Eckerty, Trustee 1-75 Exit 15 Land Trust STATE OF FLORIDA COUNTY OF LEE ~ ~ · · ' tmment was acknowledged before me this .~ ~lay of ~~ 200.1, .by The foregoing ms ..... ~ ~..:, ~ ~, ...a T.,~ who ~s oersonally known to_me, ana wno Thomas G. Eckerty, Trustee xor me l-l;> r_,/~tt l.J ~ ..... ,-~ ~ - did not take an oath. NOTARY pUBLIC ~ Commission Number: Wimess _my hand and ~_~-~^ this ~ day of_(--ft:'c~'tr~ o ,2001. FEB 2 5 2003 Kl~t~':':luu ~[, SUITE FLORIDA 33.q~7~ ' [-OF.T MY'U~. HO;IDA 6.00 9637.80 ~ ,~0 ~ 655 ,00325 OR 60OK PA~E 33940 FEB 2 5 2003 *** 2494078 OR: 2560 PG: 3126 *** , .-/~-.~ f.~ .": : ' pREPARED BY AND RETURH TO: ~_.. THOMAS G. ECKERTY. ESQUIRE ~I~C 12734 Kenwood Lane. Suite 85 DOC-. 70 .7(} Fort Myers, FL 33507-SS38 Re[n: Strap No.: 00297000004 THOFAS G iC[li?! Documentar~ Stamps: S ''70 ~'r KTIIt$ fL THIS WARRANTY DEED made this 10t. h. day of June ,1999, by JAMES R. COLOSIMO, Trustee under unrecorded land trust agreement dated July 24, 1991. with full power and authority to protect, conserve, lease, encumber or otherwise manage and dispose of said property as provided for in F.S. 689.071, whose post office address is 4099 Tamiami Trail, N.. Naples, Florida 34 103. hereinafter called the Grantor, to THOMAS G. ECKERTY, successor Trustee under unrecorded land trust agreement dated July 24, 1991 with fu I power and aulhodty lo protect, conserve, sell, lease, encumber or otherwise manage and dispose of said property as provided for in F.S. 689.071, whose post office address is 12734 Kenwood Lane, Suite 89, Fort Myers, Florida 33907, hereinafter ~:alled the Grantee; WTFNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee all that certain land, situate in Collier County, State of Florida, viz: The East 726 feet of the West one-half (W 1/2) of the Southeast one- quarter (SE 114), lying South of 1-75, Section 34, Township 49 South, Range 26 East, Collier County, Florida, less the South 50 feet thereof. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. THIS PROPERTY IS NOT NOW NOR HAS IT EVER BEEN THE HOMESTEAD OF GRANTOR. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in any-wise appertaining; TO HAVE AND TO HOLD the same in lee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land is fee simple; that the G~antor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said rand and will defend the same against the lawful ctaims of all persons whomsoever;, and that said land is free of all encumbrances. IN WITNESS WHEREOF. the said Grantor has signed and sealed these presents the day and year first above written. SignedTled and delivered in the presence of:. ja~ ~ms~tee under unrecor.ded land ~'ust agreement dated July 24, 1991, with full power and authority to protect, conserve, lease, encumber or othenvise manage and dispose of said property as provided for in F.S. 68g.071 2 5 2003 DECLARATION OF TRUST 1-75 EXIT 15 NAPLES/FORT LAUDERDALE LAND TRUST This is a Declaration of Trust dated the 24th day of July, 1991, (the "Declaration"). This Declaration is intended to comply with the requirements of Section 689.071 of the Florida Statutes and, thereby to create a land trust, on a date to be determined as provided below, for the purpose of acquiring and to hold title to the Trust property and to protect and conserve it until its sale or other disposition or liquidation. The Trust shall be created and shall become effective whenever a sufficient number of individuals agree to become beneficiaries hereunder and their aggregate initial contributions, as explained in Paragraph' 2(a) herein, are sufficient to achieve the Trust purposes as explained herein; provided, however, that in no event shall there be in excess of thirty-five (35) non-accredited beneficial owners. JAMES R. COLOSIMO of Lee County, Florida shall serve as Trustee of the Trust, (the "Trustee"). The above Trustee has entered into Contracts for Sale and Purchase, (the "Purchase Agreements"), for certain properties located in Lee County, Florida, (the "Properties"). A descrip- tion of the Properties are attached hereto as composite Exhibit "A". The Trustee agrees that he will assign his interest in the Purchase Agreements to the Trust on the date on which the Trust is created and becomes effective. The Trustee agrees that he will 'hold the Properties in trust for the Trust beneficiaries. In addition, the Trustee declares that the ProPerties so conveyed plus other property, real or personal, that may from time to time be transferred, conveyed or paid to the Trust and all rents, income, profits and gains therefrom, which at any time are owned or held by the Trust, (the "Trust Estate"), shall be held by the Trustee for the use and benefit of the Trust beneficiaries, according to their respective interests. The number of interests owned by each beneficiary will be entered below his signature on a Certificate of Acceptance and Ownership, (the "Certificate"), at the time he agrees to become a.beneficiary under the Trust. The form of Certificate is included in memorandum. The Trustee declares the Trust Estate 'shall be managed, administered, re- ceived, collected, disposed of and distributed by them for the Trust beneficiaries who may from time to time .be owners of Certificates evidencing their beneficial interest in the Trust Estate (herein each the "Interest Holder" and collectively the "Interest Holders') in the manner herein provided and subject to the terms and conditions set forth in this Declaration and any amendments. 1) NAME AND LOCATION: The Trust hereunder may be des- ignated as the 1-75 EXIT 15 NAPLES/FORT LAUDERDALE LANs-'~an~~ which name the Trustee may make and execute contract instruments, acquire and convey real or personal pro~ert~~ and be sued. The Trustee shall take title Page 1 of 11 FEB 2 5 21 3 real property acquired on behalf of the Trust- The principal office of the Trust shall be at c/o Professional Realty Consul- tantS, Inc., 4099 Tamiami Trail North, 2nd Floor, Naples, Florida 33940, unless and until it is changed by the Trustee as in his sole discretion he may do from time to time, provided said location remains in the State of Florida- 2) TRUST cONTRIBUTIONS: (a) The beneficial interests in the Trust shall be divided into one hundred (100) equal interests (herein each the ,,interest" and collectively the .interestS")' The interest Holders hereunder, at the time they execute the Certificate, shall initially contribute a fixed sum to the Trustee for each interest in the Trust. The Trustee will use the aggregate of all such initial contributions, from each of the interest Holders, as the down-payment for the purchase of the Properties, for expenses relating to the closing of the transaction contemplated by the Purchase Agreements and for expenses incurred in connection with the formation of the Trust. The Trustee has the right to sell partial interests in the Trust; provided that in no event shall there be in excess of thirty-five (35) non-accredited interest estS. · _ ~=_~= f the Inter ' ~ _~+~' ution, each - -=~;tion to sUCh ~i%-i-%rustee, his ~ro_~ a ainst ..... .Contribu _ __ t~ Truste · - of each requ 'nin~ Intere~ - ~=..+ions upon ~ - ~==-, all rema~ - _.v~ con~r~u~ ' --~,,=es to will no=t={_ ~ efusal to J~ ...~ ~ailS or ~=~ on to er'S fai£ur~ ~-~est Hol~er .... _ __ ~ranted an opt~ .... t fication,, a~y ~=' be deemed t°.~av~4~t remaining contributiOnS sha~ interest .t~ t~a~sire to w~der who n~ - ^~ the rema~'t~ . _~+ification ~ ~ _=~ T~7 .... ~ I~ none v~ ,~n% ~avs a~te~ ~. .... ~ ered to intez==~-. .... ;thin ten %~"'_- ~. Trustee zs =~,,~ . to the tlon ----- · t~en ~,~ s ~ub~ect . s~ch_~.+~, of the optiOn, .... lified purchase~r_l-, exolained ~uch interest =u=.~+h~r transferaux~'i~=e the -. . · on ~ut .... evenu ~"-- thzs l~mltat~?ns~ here~n- I~ ~_e..t ~s sold pursua%%~%~ his Trust paragra~n,,_~a~,s Trust ln~~_ =~ceot an amount ~ _= ~% the actual sales Pr~T~USt interest or ~-, interest interest Holder'S by him for his Trust interest plus simple- the rat~ of eight percent (8%) per year from the date of payment Holders acknowledge that mortgage in- (c) interest are due and payable stallmentS on the Properties at~ calendar year corresponding with the closing ' FEB 2 5 2003 Page 2 of 11 Purchase Agreements. Interest holders acknowledge that each annual mortgage installments and each other payment contemplated by Paragraph 2(b) are to be made solely from annual Contributions from each Interest Holder. Each Interest Holder acknowledges that time is of the essence in making his Contributions under this paragraph. Each Interest Holder therefore agrees to deliver his pro rata share of future Contributions for the mortgage payments to the Trustee not less than fifteen (15) days prior to each annual mortgage installment due date and to make all other payments within five (5) working days after a request by the Trustee therefore. Each Interest Holder further agrees that his fail'ure to deliver his pro rata annual mortgage Contributions or other payment by the time specified in this sub-paragraph, will trigger the offer for sale of his entire Trust Interest as explained in the preceding sub-paragraph. 3) TRUST INTERESTS AND BENEFICIARIES: The Trustee shall keep a list of each Interest Holder who has executed a Certifi- cate. This list shall contain the name and address of each Interest Holder and the number of Interests owned by him. A copy of this list shall be attached to this Trust Agreement as Exhibit "B". Which list shall be conclusive as against the Trustee or the Trust with respect to the matters shown thereon. Each Certificate shall be negotiable and title thereto and to the Interest represented thereby shall be transferable by assignment and delivery thereof to the same extent as a share certificate of a Florida corporation. Subject, however, to the limitations on transferability contained in Paragraph 19 herein. All Interests shall have equal voting, dividend or distribution, liquidation and other rights. Interest reacquired by the Trust, which shall be permitted subject to the same limitations contained in Para- graph 19 herein, shall no longer be outstanding and shall have no voting or other rights unless and until reissued. Interests reacquired by the Trust may be cancelled by action of the Trustee. All Interests shall be fully paid and non-assessable by or on behalf of the Trust upon the receipt of the full considera- tion for which they have been issued subject to the annual mortgage and other Contributions explained in Paragraph 2 herein. The Interests shall not entitle the Interest Holders to prefer- ence, pre-emptive, appraisal, conversion, exchange rights of any kind. 4) LEGAL OWNERSHIp OF TRUST ESTATE: The legal and equita- ble ownership of the Trust Estate is vested exclusively in the Trustee. The Interest Holders shall have no interest in the Trust Estate other than their pro rata beneficial interest in the Trust evidenced by their Interest. Interest Holders shall have no right to compel any partition, division, dividend or distribu- tion of the Trust or any portion of the Trust Estate. 5) SHARES DEEMED PERSONAL PROPERTY: The Interests shall be personal property and shall confer upon the Interest Holders only the Interests and rights specifically set fort ".A ' . Declaration. These rights include: Page 3 of 11 FEB 2 5 2003 a) The right to direct the Trustee to conv~y or otherwise deal with the title to the Trust Properties as hereinafter set out. b) The right to manage and control said Properties. c) The right to receive the proceeds and avails from the rental, sale, mortgage or other disposition of said Properties. 6) TRUSTEE POWERS AND DUTIES: The Trustee assumes and agrees to perform the following active and affirmative duties: A) To execute instruments: When and as directed so to do by a majority of the Interest Holders of this Trust, the Trustee shall execute such instruments as shall be necessary to protect and conserve the Trust Properties; to sell, contract to sell and grant options to purchase the Properties and any right, title or interest in it on any terms; to exchange the Properties upon any terms; to convey the Properties by deed or other conveyance to any grantee with or without consideration; to mortgage, pledge or otherwise encunzber the Properties or any part of it; to lease, contract to lease, grant options to lease and renew, extend, ~mend and othe~ise modify leases on the Properties or any part of it from time to time, for any period of time, for any rental and upon any other terms and conditions; and to release, convey or assign any other right, title or 'interest whatsoever in, to or about the Properties or any part of it. B) To sell Trust Properties and distribute proceeds: (1) If any properties shall remain in Trust under this Agreement twenty (20) years from the date of this Agreement, the Trustee forthwith shall sell it at public sale after a reasonable public advertisement and reasonable notice to the Interest Holders and, after deducting its reasonable fees and expenses, it shall disburse the proceeds of such sale to the Interest Holders as their interests may then appear without any direction or-consent whatsoever, or (2) To transfer, set over, convey and deliver to the Interest Holders of this Trust their proportional undivided interest in any nondivisible assets, or (3) To transfer, set over and deliver all of the assets of the Trust to its Interest Holders at any time that the assets of the Trust consist solely of cash. (C). To furnish information concernin¢ taxes and assessments: The Trustee shall, on or before each year determine the amount of all taxes and Page 4 of 11 FEB 2 5 for public improvements that may be levied upon or against the Trust Properties and advise the Interest Holders of this Trust of their amount and due date and the available dis- count of their prompt payment. (D) To file ad valorem tax returns: The Trustee shall file all yearly ad valorem tax returns covering any real properties held in trust under this Agreement as and when required by any county, municipality or other governing body. (E) To keep records of Trust: The Trustee shall keep and rende~ full and correct accounts with respect to the administration of the Trust. (F) To prepare fiduciary report~: The Trustee shall prepare d~ta for all fiduciary report~ and submit annually to the settlers of the Trust. (G) To submit terminal accountinq: The Trustee is to prepare an~ submit a final report.to the Interest Holders on termination of the Trust. · ~m about z°nin~and condemnation: (H) ~~v~ders concerning the The Trustee is ~o a~v~s~ u~ zoning, rezoning or condemnation of the Properties or any part of it. (I) To advise as to violations of ordinances: The Trustee sh~ll advise ~h--e Interest Holders of any vi"~lation of state statutes or 'any ordinance affecting the land or buildings involved in the Trust as may come to the attention of the Trustee. 7) PROTECTION OF THIRD PARTIES DEALING WITH TRUSTEE: No ~ t--~---~ Trust Pro,er- party deal~ the Trustee ties in any manner whatsoever, and (without limiting the forego- ing) no party to whom the Properties or any part of it or any interest in it shall be conveyed, contracted to be sold, leased or mortgaged by the Trustee, shall be obliged to (i) see to the application of purchase money, rent or money borrowed or o~her- wise advanced on the Properties, (ii) see that-the terms of this Trust Agreement have been complied with, (iii) inquire into the authority, necessity or expediency of any act of the Trustee, or (iv) be privileged to inquire into any of the terms of this Trust Agreement. Every deed, mortgage, lease or other instr%Lment executed by the Trustee in relation of the Trust Properties shall be conclusive evidence in favor of every person.claiming any right, title, or interest under the Trust (i) that at the time of its delivery, the Trust created under this Agreement was in full force and effect, (ii) that such instrument was executed in ~t and accordance with the terms and conditions of this Agreeme~ all its amendments, if any, and is binding upon ~heo~~ Holders under it, (iii) that the Trustee was duly a~h Page 5 of 11 ~.~8 administrative overhead costs in maintaining the Trust's books of accounts and in the preparation of the necessary tax returns. The Trustee is a Licensed Real Estate Broker/Salesman and shall be entitled to receive real estate commissions from the Seller upon the acquisition of the Properties and upon the sale or other disposition of the Properties, including' leasing compa- rable to that received by other realtors in the community- The exclusive right of sale has been given to Mr. Colosimo. 11) EXCULPATION OF TRUSTEE: The Trustee shall not be individually liable to the Trust or to the Interest Holders for any act or omission of the Trustee or Interest Holders, or be held to any personal liability whatsoever in tort, contract, or otherwise in connection with the affairs of the Trust, except only to the extent that he will be held liable for his own willful misfeasance, bad faith, gross negligence, or reckless disregard of duty. - ION OF LIABILITY OF, 3~.E~E,: The Trustee in 12) LIM~A~. ~:~lities, or obligation~ for the Trust or incurring anv ~eDts, in taking or omitting any other actions for or in connection with the Trust are, and shall be deemed to be, acting as Trustee and not in his own individual capacity- Except to the extent pro- vided in paragraph 11 herein, the .Trustee shall not be liable for any debt, claim, demand, judgment, decree, liability, or obliga- tion of any kind, against, or with respect to the Trust arising out of any action taken or omitted for or on behalf of the Trust. Instead, the Trust shall be solely liable for any such amount, and resort shall be had solely to the Trust Estate for payment or performance thereof- The Trustee shall be entitled to pro rata indemnity from the Trust Estate, if contrary to the provisions hereof, he shall be held to any such personal liability- 13) EX~'~%-asonable mean~ t6 assure that all Trustee shall use persons dealing with the Trust shall be informed that the private property of tl%e Interest Holders and the Trustee shall not be subject to claims against, or obligations of, the Trust to any extent whatsoever- If the Trustee deems it advisable, he shall cause to be inserted in any written agreement, undertaking, or obligation, made or issued on behalf of the Trust, an appropriate reference to this Declaration, providing that neither the Inter- .est Holders nor the Trustee shall be li~able thereunder and that the other partie~ to such instrument shall look solely to the Trust Estate for the payment of any claim hereunder or for the performance thereof- However, the omission of such provision from any such instrument shall not render the Trustee or the Interest Holders liable to anyone for such omission- If, not- withstanding this provision, the Trustee shall be liable to any other person by reason of the omission of such provision from any such agreement, undertaking, or obligation, the Truste~ ~"~,~-~ ..... entitled to reimbursement out of the Trust Estate tit extent of such liability- such reimbursement shall cl~e'--~ I FE0252003 costs of any litigation or other proceedings in which, such liability shall have been determined, including, without limita- tion, the_gxpenses, including attorneys' fees, actually and reasonably incurred by the Trustee in connection with the defense or settlement of such action or suit, including any appeal thereof. 14) INDEMNIFICATION OF TRUSTEE: (a} Subject to the provisions of sub-paragraph 14(c) herein, the Trust shall indemnify any person, including the Trustee, to any threatened, pending, or completed action, suit, or proceeding whether civil, criminal, administrative, or inves- tigative (other than an action by, or in the right of, the Trust) by reason of the fact that he is or was Trustee of the Trust, or are or were serving at the request of the Trustee as a director or officer of a corporation in which the Trust may hereafter own shares of capital stock or beneficial interest or of which the Trust may hereafter be a creditor against expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred by him in connection with such action, suit or proceeding, if he acted in good faith and in a manner he reasonably believed to be in, or not opposed to, the best interests of the Trust. With regard to any criminal action or proceeding, any such person shall be indemnified hereunder unless, in addition to the requirements stated above in this sub-paragraph 14(a), such person had no reasonable cause to believe his conduct was unlawful. The termination of any action, suit, or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that such person (i) did not act in good faith and in a manner that he reasonably believed to be in, or not opposed to, the best interests of the Trust, and (ii) with respect to any criminal action or proceeding had reasonable cause to believe that his conduct was unlawful. (b) Subject to the provisions of sub-paragraph !4(c) herein, the Trust shall indemnify any person, including the Trustee, if he is a party, or is threatened to be made a party, to any threatened, pending, or completed action suit by, or in the right of, the Tr~st to procure a judgment in its favor by reason of the fact that he is or was Trustee of the Trust, or are or were serving at the request of the Trustee as director or officers of a corporation or trust in which the Trust may hereaf- ter own shares of gapital stock or beneficial interests, or of which the Trust may hereafter be a creditor, against expenses (including attorneys' fees), judgments, fines and amount paid in settlement, actually and reasonably incurred by him in connection with such action or suit, if he acted in good faith and in :a manner he reasonably believed to be in, or not opposed to, the best interests of the Trust. Provided, however, that no indemni- fication shall be made under this sub-paragraph 14(b} in respect to any .claim, issued, or matter as to which such person shall have been adjudged to be liable for gross 'negligence or willful Page 8 of 11 FEB 2 5 2803 misconduct in the performance of his duty 'to the Trust, except to the extent that (i) such indemnification is permitted by law, and (ii) the Interest Holders determine in the manner set forth in sub-paragraph 14(c) herein, that such indemnification is proper in the circumstances, in each case notwithstanding such judgment. (c) Any indemnification pursuant to the above two sub-paragraphs 14(a) and 14(b) , unless ordered by a court, shall be made by the Trust only as authorized in a specific case upon a determination that indemnification of the Trustee, or other persons, is proper in the circumstances because they have met the applicable standard of conduct set forth in such sub-paragraphs. Any person who acts on the advice of counsel shall be deemed to have met the applicable standard of conduct set forth in such sub-paragraphs- Such determination shall be made by a vote of the Trust beneficiaries holding a majority of the Interest at the time outstanding who were not parties to such action, suit, or proceeding, and such determination shall be conclusive upon all Interest Holders. UST AGREEMENT NOT TO BE RECORDED. This agreement 15) TR ~ ~ _"_~ ~ ~h~ County in which the Trust ~ ~laced on record in the Co Y shall not ' but if same is so record- Properties are situated, or elsewhere, ed, such recording shall be considered ks notice of the rights of any personal hereunder derogatory to the title or powers of the Trustee. NTEREST HOLDERS CANNOT BIND TRUSTEE OR OTHER BENEFI- t6)i_____ autho contract CIARY- No Interest Hol~er snazz ~.=V~ny other beneficiary or to ~or or in the name of the Trustee or bind the Trustee or any other Interest Holders personallY'oF THE TRUSTE~: The Trustee may r------esign ~ any time by giving written ~otice to each Interest Holder. Such resignation shall take effect on the date when a successor trustee is elected by a vote of Trust beneficiaries holding a majority of the Interests at the time outstanding- If no such successor trustee is elected, within thirty (30) days from the date of the written notice of resignation, the Trustee may bring an action in a court of competent jurisdicfion to name such successor trustee, or the Trustee may, at his option, convey the Trust Properties to the Interest Holders in accordance with their respective interests hereunder- The Trustee may be removed for cause by the vote of Trust beneficiari%s holding two-thirds (2/3) of the Interests at the time outstanding- Upon the resignation or removal of:the Trustee or his otherwise ceasing to be Trustee, he shall execute and deliver such documents as the subsequent trustee shall reasonably require for the conveyance of any property held in his name in the Trust Estate, and he shall thereupon be discharged as Trustee- Ar__,ENDA '~ 18} TERMINATION OF TRUST: The Trust will term: the sale 6f the entire Properties and the distribut~ Page 9 of 11 ~n of the FEB 2 5 2003 proceeds as provided for in Paragraph 9 herein. Upon th~ ter- mination of the Trust, the Trust shall carry on no business except for the purpose of winding up its affairs- After termination of the Trust and distribution to the Interest Holders as provided in Paragraph 9 herein, the Trustee shall execute and lodge among the records of the Trust, and instrument in writing setting forth the fact of such termination, and the Trustee shall thereupon be discharged from all further liabilities and duties hereunder, and the rights and interest of all Interest Holders hereunder shall thereup°n cease. 19) RESTRICTIONS ON TRANSFE .KABILITY: Before an Interest Holder can sell, assign, or otherwise transfer his Interest, the Interest Holder wishing to dispose of his Interest must give notice of his intentions to dispose of his Interest(s) to the other Interest Holders and to the Trustee. Such notice shall .set forth the terms and conditions of the proposed transfer and the name of the person or persons to whom the proposed transfer is to be made. Upon receipt of such notice by the Trustee, an option shall arise in the Trust, on the terms and conditions specified in the notice, to purchase any or all of such Interest(s), which option shall expire in fifteen (15) days. On the expiration of the option to the Trust, an option shall arise in the remaining Interest Holders, on the terms and conditions specified in the notice, to purchase such Interest on a pro rata basis, and such option will expire twenty-five (25) days thereafter. The op- tionees may purchase less than all the Interests. The optionees may exercise, on a pro rata basis, the options unexercised or only partially exercised by any other optionees. All such residual options shall expire thirty (30) days after the expira- tion of the Trust's option. Upon the expiration of any unex- ercised portion of the options referred to above, the Interest Holder wishing to transfer his remaining Interest, that were offered as above, shall have the right to sell to the named purchaser or purchasers such Interests upon the terms and at the price offered to the Trust and other Interest Holders as provided below. The right of the Interest Holder desiring to sell his Interests referred %o in the preceding sentence shall terminate thirty (30) days after the expiration of the las~ option of th~ remaining interest'Holders referred to above. Notwithstanding the provisions for transfer as set forth hereinabo~e, the initial Interest Holders shall be re- stricted for a period of nine (9) months from the date of their purchase of an interest in the Trust from selling their respec- tive interests to any person or entity who is a non-resident of the State of Florida. 20) AMENDMENT PROCEDURe: The Declaration can be amended by written instrument executed-by the Trustee upon the vote or consent of the Tr~st beneficiaries holding two-thirds (2/3) of the Interests at the time outstanding to vote thereon, provided that such amendment shall first be proposed by th~ Tr~~Tn~ Page lO of ll { FEB2§2003 Trustee may also amend this Declaration without the vote or consent of the Interest Holders if they deem it necessary to conform to applicable laws or regulations, but they shall not be liable for failing to do so. No amendment may be made, pursuant to the preceding sentence, that would change any rights with respect to any outstanding Interest in the Trust by reducing the amount payable thereon upon liquidation of the Trust, or by diminishing or eliminating any voting rights pertaining thereof, or by increasing the liability of, or requiring any additional contribution or assessment from, the Interest Holders. Nothing contained in the Declaration shall permit the amendment of this Declaration to impose greater liabilities, on or increase the duties of, the Trustee without their consent. A certification form signed bY the Trustee setting forth an amendment and recit- ing that it was duly adopted by the Interest Holders, or by the Trustee, as provided in this Paragraph 20, or a copy of the Declaration, as amended, and executed by the Trustee, shall be conclusive evidence of such amendment when lodged among the records of the Trust. 21) PARAGRAPH HEADINGS FOR REFERENCE ONLY: The paragraph headings preceding the paragraphs herein have been inserted for convenience and reference only, and they shall not be construed to affect the meaning, construction, or effect of this Declara- tion. 22) SUCCESSORS IN INTEP~EST: This Declaration shall be binding upon and inure to the benefit of the Trustee and each Interest Holder and their respective successors, assigns, heirs, distributees, and legal representatives. 23) TRUST SITUS, DOMICILE AND RESIDENCY: The Trust situs, domicile and residency is, and for all purposes shall be deemed to be at the location from time to time of the principal office of the Trust, but in no event shall such principal office be located outside of Florida. IN WITNESS WHEREOF, the Trustee named herein has executed this Declaration of Trust as of the date first above written, and have thereby signified his acceptance of the office of the Trustee for the Trust_to be created hereby. Witnessed by: 1-75 EXIT 15 NAPLES/FORT LAUDERDALE LAND TRUST JAMES R. COLOSIMO, Trustee Page 11 of 11 ~R~IFIC_A_~E OF ACCEPT~ANCE AND OWIN~ERSHIP On the 24th day of July, 1991, JAMES R. COiOSIMO, Trustee, declared that the 1-75 EXIT 15 NAPLES/FOUr I~%UDERDALE LAND TRUST will be created and shall becom~ effective pursuant to a Declaration of Trust of even date (the' "Decla- ration''). I hereby purchase the number of units and beneficial interest in the 1-75 EXIT 15 NAPLES/FORT LAUDERDALE LAND TRUST entered under my signature below, and acknowledge that I have read and understand the Declaration and agree %0 be bound by each of its te_-Tas. I understand and agree that the beneficial interest that I own in the 1-75 EXIT 15 NAPLES/FORT LAUDERDA?F~ LAND TRUST, w~ich is entered under my signature below, is subject to the limitations on transferability contained in Paragraph 19 of the Declaration. In addition %0 those limitations, I urger- stand that my beneficial interest in the 1-75 ~IT 15 NAPLES/FORT LAUDERDALE L%2~D TRUST has not been registered under the Securities Act of 1933, as amended (the "Act"), or the Florida Sale of Securities Law (the "State Act"), and will be required to be held J_ndefinitely unless it is subsequently regis- tered under the Act or any applicable state securities laws, or an excerption from registration is available. Moreover, I agree that for a period of nine (9) months from date first above written, I will be unable to resell my beneficial interest to any non-resident of Florida, even if all other restric- tions on transfer of my beneficial interest are met, and I understand that the 1-75 EXIT 15 NAPLES/FORT LAUDERDALE LAND TRUST has a notation entered in its records to prohibit a transfer of my interest in violation of this restric- tion. IN WITNESS WHEREOF, I have ~xecuted this Certificate of Acceptance and Ownership this __ day of , 1991. WitneSses: Signature Print Name Street City/State/Zip Phone No. (include area COde) Social Security Number or Employer I.D. Number: Received $ for unit(s), ($12,500 per unit of beneficial interest owned, f~rst installn~_nt), by: JAMES R. COLOSIM0, Trustee FEB 2 5 2003 1-75/Exit 15 Land Trust Beneficiaries AS OF 11/8/00 Beneficiary Glenshaw Medical Associates Regent Investment Corporation Modern Mkting & Mgmt. Hugo J. Blattler, Trustee Janice B. Brinkman OB/GYN of Lima, Inc. Employee Pension Plan & Trust Ruth M. and Cleveland L. Campbell, Co-Trustees u/a/dtd 12121/79 ~... IRA Services, Inc. IRA F/BIO Cleve L. Campbell Custodian for Ashley N. Campbell IRA Services Inc. IRA F/BIO Ruth M. Campbell Custodian for Jason S. Campbell Cleveland L. & Ruth M. Campbell, Co-Trustees U/A dtd 12/21/79, M/B Cleveland L. Campbell Jim Colosimo, Inc. Trustees of Valley Oral Surgeons Ltd. Profit Shadng Plan Defined Benefit Pensio¢i:' Plan Trust 001 John E. Duckro, Sr. Units 2.0 1.0 1.0 4.0 1.0 3.0 2.5 2.5 1.0 1.5 1.0 6.5 3.0 1.0 2.0 2.0 Page 1 of 3 FEB 2 5 20~--~ 1-75/Exifl 5 Land Trust Beneficiaries, Cont. AS OF 11/8100 Beneficial_ Units Mr. Frank M. and Mary Jean Bis Fankhanel Farms LP Dean W. and Linda Fejes Tenants in Common Dean W. Fejes Lynn Pratt Gilliam Kenneth Goodman Marjode M. Harris Revocable Trust Dated 1/23/91 David H. Hoag W~Idwood Investments Mark S. Kangas George Kostka William P. and Nanc;' £.%Lascheid Trust Joseph L. Lenkey 401K RO IRA FBO Jean M. Mahserjian IRA RO F/BIO Charles A. Mahserjian Charles A. and Jean M. Mahserjian Ticko Enterprises, Inc. William Joseph Mobley Trust Agmt. Maria Murray Page 2 of 3 2.0 4.0 .50 1.0 1.0 2.5067 .50 .50 1.0 1.0 .50 3.0 1.0 .336 .148 .176 10.0 2.0 .50 FEB 2 5 2003 1-75/Exit 15 Land Trust Beneficiaries, AS OF 1118/00 Cont. Beneficiary_ Units Ameta' Sue Pratt ..... Lesley L. Raison David A. Resch Doris Reynolds Betty E. Skonnord Beaver Valley Pathology Associates PP FBO James W. Smith William R. Solmos Todd C. Stallkamp Bibb Distributing % Roger L. and Sandra P. Terry Joint tenancy F & K Pension Trust Don E. Williamson OD PA Pension Trust Helen E. and Eva J. Wilson Joint Tenants with Full Rights of Survivorship Marie M. Wooldridge Rose Mary Wuerz and Willie Wuerz Dreyfus Trust Co. IRA .P, ollover F/BIO John Zym ..-,. 1.0 .6666 3.0 4.0 1.0 1.0 2.0 2.0 .6667 4.0 1.0 1.0 .50 1.0 1.5 1.0 Page 3 of 3 FEB 2 5 7.13~3 ORDINANCE NO. 03- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COLrNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 9634S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A, RSF-4, RMF-6, RMF-12, AND C-4 TO "PUD" PLANNED UN1T DEVELOPMENT KNOWN AS EAST GATEWAY PUD LOCATED IN THE SOUTHWEST QUADRANT OF THE 1-75, EXIT 15 INTERCHANGE, IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 37.39 ACRI $; AND BY PROVIDING AN EFFE~ DATE. WHEREAS, Dwight Nadeau, of RWA, Inc., representing Thomas G. Eckerty, Trustee for 1-75 Exit 15 Land Turst, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE 1T ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Section 34, Township 49 South, Range 26 East, Collier County, Florida, is changed from A, RSF-4, RMF-6, RMF-12 and C-4 to "PUD" Planned Unit Development in accordance with the "East Gateway" PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 8634S, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of 2003. BOARD OF COUN'I~ COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: BY: TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency Matjori~ M. Student " Assistant County Attorney G/Admin/PUDZ-2001 -AR- 1842/RB/sp FEB 2 5 2003 EAST GATEWAY A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING EAST GATEWAY, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: THOMAS G. ECKERTY, TRUSTEE 1-75 EXIT 15 LAND TRUST 12734 KENWOOD LANE, STE. 89 FORT MYERS, FLORIDA 33907-5638 PREPARED BY: CON SULTIN G 3050 NORTH HORSESHOE DRIVE SUITE 270 NAPLES, FLORIDA 34104 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL Exhibit "A" P52001 Projects\01-0238.00 East Gateway PUD\0001 General Consultafion~astgatcwaypud8.doc FEB 2 § 2003 TABLE OF CONTENTS List of Exhibits and Tables Statement of Compliance Section I Section II Section III Section IV Section V Legal Description, Property Ownership and General Description Project Development Commercial Area Development Standards Industrial/Business Park Development Standards Development Commitments i ii I-1 II-1 111-1 tv-1 V-1 P:~001 Projects\01-0238.00 East Gateway PUD\0001 General Consultation~eastgatewaypudS.doc FEB 2 5 2003 p~....~O LIST OF EXHIBITS AND TABLES EXHIBIT A PUD MASTER PLAN TABLE I PROJECT LAND. USE TRACTS i P:X2001 Projects\01-0238.00 East Gateway PUD\0001 General Consultation~eastgatewaypudS-doc FEB 2 5 2003 .,.'11 STATEMENT OF COMPLIANCE The development of approximately 37.39 acres of property in Collier County as a Planned Unit Development to be known as East Gateway will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The commercial, and industrial\business park land uses of the East Gateway PUD are consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: o o o 10. The subject property proposed for development is within the Urban Commercial District/Interchange Activity Center Subdistrict as identified on the Future Land Use Map as provided for in Objective 1 of the Future Land Use Element (FLUE), and the uses contemplated are consistent therewith. The subject property is located in Activity Center #9. The land uses, and land use intensities proposed are consistent with the Future Land Use Element of the Collier County Growth Management Plan. Development of the East Gateway PUD shall be consistent with the Activity Center #9 Interchange Master Plan. The subject property is located on the southwest quadrant of the 1-75/Exit 15 Interchange. This strategic location allows the site superior access for the placement of commercial and industrial/business park activities. The project is a mixed-use development located within a designated Activity Center, therefore, the proposed commercial, and industrial/business park land uses are consistent with the Future Land Use Element of the Collier County Growth Management Plan. The development will be compatible with and complementary to existing and planned surrounding land uses. The development of the East Gateway PUD will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and L of the Future Land Use Element. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. The East Gateway PUD is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. All final Development Orders within the East Gateway PUD are subject to the Collier County Concurrency Management System, as implemented by the Facilities Ordinance. ii P:X2001 Projects\01-0238.00 East Gateway PUD\0001 General Consultation~eastgatewaypudS.doc ^de FEB 2 § 2003 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 1.2 1.3 1.4 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the East Gateway PUD. LEGAL DESCRIPTION THE EAST 726 FEET OF THE WEST ½ OF THE SOUTHEAST ¼, LYING SOUTH OF 1-75, IN SECTION 34, TOWNSHIP 49, SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE SOUTH 50 FEET THEREOF. SAID PARCEL CONTAINING 37.39 ACRES MORE OR LESS, SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. PROPERTY OWNERSHIP The subject property is owned by the 1-75 Exit 15 Land Trust, Thomas G. Eckerty, Trustee. PHYSICAL DESCRIPTION The development property is located in the southwest quadrant of the 1-75, Exit 15 Interchange, with frontage on Davis Boulevard (State Road 84), in Section 34, Township 49 South, Range 26 East. The proposed project site is presently undeveloped, but has been historically timbered, and utilized for cattle grazing. The majority of the property has extensive infestation of the exotic species Melaleuca. The property is generally without topographic relief, with elevations ranging from 9.8' to 11.6' above mean sea level. The site contains areas of jurisdictional wetlands including transitional wetlands in which the predominant vegetation is a mix of pine and cypress and associated upland and wetland plants. Natural drainage is southwesterly. The proposed water management regime for the project utilizes detention areas that will result in the post development surface water discharge volume being no more than the pre-development discharge volume. I-1 P:X2001 Projects\01-0238.00 East Gateway PUD~)01 General Consultation~eastgatewaypud8.doc FEB 2 § 2003 . 1.5 PROJECT DESCRIPTION The East Gateway PUD shall be a mixed-use development, with a commercial development located on the Davis Boulevard frontage, and the industrial/office park development opportunity to be located on the northerly portion of the PUD property. The commercial component of the development is limited to 200,000 square feet of gross leasable floor area, and will be located on a 20-~: acre parcel. The commercial land uses proposed are those typically associated with major interchanges, including, but not limited to, convenience stores with gas pumps, restaurants, fast-food and/or sit-down dining, banks, and shopping centers anchored by a major grocery store, and/or major retail store(s). There is the potential for professional offices to be located in a shopping center, or developed in out-parcels within the commercial development area. The industrial/office park development is limited to 250,000 square feet of gross leasable floor area, and will be located on a 17+ acre parcel. The industrial/business park land uses may be, but are not required to be, those typically associated with land development activities including but not limited to engineering and surveying offices, building material supply, and home improvement supply. Each industrial, commercial or industrial/business park land use, will be served with centrally provided potable water, sanitary sewer, electric power, and telephone services. Additional services will be provided as deemed appropriate. The entire 37.4+ acre project is the stormwater management basin. The storm water management system consists of preserve/native vegetation for storm attenuation and dry detention for xvater quality. A catch basin/culvert system along with overland sheet flow will collect and convey project run-off to the dry detention areas, and to the preserve/native vegetation area once acceptable water quality is achieved. Flood protection will be provided to the project by raising buildings, roads, etc. in conformance with South Florida Water Management District criteria. The South Florida Water Management District criteria for building pad elevation is the 100-year, 3-day/zero- discharge storm elevation, and the minimum road elevation is based on the 25 year, 3-day storm event. After heavy rainfall events, surface waters from storage areas will be discharged through a bleed-down structure into the existing preserve in the Saddlebrook Village PUD to the west. The water control structure for Saddlebrook Village was designed to accommodate the discharge from the proposed The East Gateway PUD. The off-site outfall was constructed during the construction of Saddlebrook Village. Said out- fall is in existence and functional. No further design modifications to the existing system are required. I-2 P:X2001 Projects\01-0238.00 East Gateway PUD\0001 General Consultation~eastgatewaypud8.doc FEB 2 5 2003 1.6 SHORT TITLE This Ordinance shall be known and cited as the "East Gateway Planned Unit Development Ordinance". I-3 P:~2001 Projects\01-0238.00 East Gateway PUD\0001 General Consultation~eastgatewaypudS.doc FEB 2 § 2003 SECTION II PROJECT DEVELOPMENT 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 East Gateway PUD development, as well as other project relationships. GENERAL Regulations for development of the East Gateway PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. Bo 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. Co All conditions imposed and all graphic material presented depicting restrictions for the development of the East Gateway PUD shall become part of the regulations that govern the manner in which the PUD site may be developed. De Unless modified, waived or excepted by this PUD, the provisions of other sections of the Land Development Code, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the County Land Development Code, at the earliest or next to occur of either Final Site Development Plan, Final Plat approval, or building permit issuance applicable to this development. P52001 Projects\01-0238.00 East Gateway PUD~0001 General ConsultationXeastgatewaypudS.doc FEB 2 5 2003 2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS Ao The project Master Plan, including layout of streets and use of land for the various tracts is illustrated graphically by Exhibit "A", PUD Master Plan. There shall be txvo land use tracts, portions of which may include water management lakes or facilities, and private street rights-of-way, the general configuration of which is also illustrated by Exhibit "A". TABLE I TRACT "C" TRACT "I/B" PROJECT LAND USE TRACTS TYPE UNITS/SQ. FT. ACREAGE+ COMMERCIAL 200,000 20 INDUSTRIAL/ BUSINESS PARK 250,000 17 2.4 Bo Areas within the PUD may be excavated and constructed as lakes or, upon approval, may be constructed as shallow, intermittent wet and dry depressions for xvater retention purposes. Minor modification to all tracts, lakes or other boundaries may be permitted at the time of Final Plat or Site Development Plan approval, subject to the provisions of Sections 3.2.6.3.5. and 2.7.3.5. respectively, of the Collier County Land Development Code, or as otherwise permitted by this PUD document. C~ In addition to the various areas and specific items shown on Exhibit "A", such easements as necessary (utility, private, semi-private) shall be established within or along the various tracts as may be necessary. MAXIMUM PROJECT INTENSITY A maximum of 200,000 square feet (gross leasable floor area) of commercial development may be constructed in the "C" Commercial Tract. A maximum of 250,000 square feet (gross leasable floor area) of industrial and/or business park development may be constructed in the "I/B" Industrial/Business Park Tract. P:L2001 Projects\01-0238.00 East Gateway PUD\0001 General Consultation~eastgatewaypudS.doc 2.5 PROJECT PLAN APPROVAL REQUIREMENTS 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 appropriate Collier County governmental agency to insure compliance with the PUD Master Development Plan, the Collier County Subdivision Code, and the platting laws of the State of Florida. Co Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. If required, a preliminary subdivision plat shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. The provisions of Division 3.3 of the Collier County Land Development Code, xvhen applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. The development of any tract or parcel approved for commercial or industrial/business park development contemplating fee simple ownership of land for each commercial or industrial/business park unit or parcel, shall be required to submit and receive approval of a preliminary subdivision plat, in conformance with the requirements of Division 3.2 of the Collier County Land Development Code, prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. 2.6 LAKE SETBACK AND EXCAVATIONS P:~001 Project~ 1-0238.00 East Gateway PUD~O001 General ConsultafionXeastgatewaypud8.doc Should lakes be excavated, the lake setback requirements described in Section 3.5.7.1 of the Land Development Code may be reduced with the administrative approval of the Collier County Community Development and Environmental Services Administrator, or his designee. Lakes may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1. of the Land Development Code, however, removal of fill from the East Gateway PUD shall be limited to an amount up to ten percent (10%) (to a maximum 20,000 cubic yards), of the total volume excavated unless a commercial A ' excavation permit is received, i~o.~~-~, i FEB 2 5 2003 2.7 USE OF RIGHTS-OF-WAY mo Ail platted project streets shall be private and shall be classified as local streets. Utilization of lands within all project rights-of-way for landscaping, decorative entranceways, and signage may be allowed subject to review and administrative approval by the Collier County Community Development and Environmental Services Administrator, or his designee, for engineering and safety considerations prior to installation. Off street parking required for commercial uses shall be accessed by parking aisles or driveways that are separate from the project's connector road to Bedzel Circle in the 951 Commerce Center PUD. A green space area of not less than ten (10') feet in xvidth as measured from the property line, or edge of pavement, whichever is greater, shall separate any parking aisle or driveway from the project's connector road to Bedzel Circle. 2.8 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or PUD Master Development Plan, Exhibit "A", as provided for in Section 2.7.3.5. of the Collier County Land Development Code. Minor changes and refinements as described in Section 7.3.C. of this PUD document may be made in connection with any type of development or permit application required by the Collier County Land Development Code. 2.9 DEDICATION AND MAINTENANCE OF COMMON AREAS & FACILITIES Easements shall be provided for water management areas, rights-of-way, utilities and other purposes as required. Ail necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time of adoption of this Ordinance establishing the East Gateway PUD. Whenever the developer elects to create land area whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within the East Gateway PUD, the developer shall provide appropriate legal instruments for the establishment of a Property Owners' Association whose function shall include provision for the perpetual care and maintenance of all common facilities and open space, subject further to the provisions of Section 2.2.20.3.8. of the Collier County Land Development Code. P52001 Projects\01-0238.00 East Gateway PUD\0001 General Consultation~eastgatewaypudS.doc FEB 2 5 2003 2.10 FILL STORAGE Notwithstanding the provisions of Section 3.2.8.3.6. of the Collier County Land Development Code, fill storage is generally permitted as a principal use throughout the East Gateway PUD. Fill material generated may be stockpiled within areas designated for development. Prior to stockpiling in these locations, a Vegetation Removal and Site Filling Permit, along with plans showing the locations and cross-sections shall be submitted to Collier County Planning Services Staff for review and approval. The following standards shall apply: A. Stockpile maximum side slope: 3:1 B. Stockpile maximum height: thirty-five (35) feet C Fill storage areas shall be screened with a security fence at least six (6) feet in height above ground level. If fill is spread to a height less than four feet over development areas that are depicted on an approved Site Development Plan, no fencing is required. Soil erosion control shall be provided in accordance with Division 3.7 of the Land Development Code. E. Fill storage shall not be permitted in Preserve Areas. 2.11 REQUIRED ENVIRONMENTAL PERMITTING Where the development of land within the East Gateway PUD requires a permit from a local, State, or Federal agency with jurisdiction over the property proposed for development, the developer shall obtain such permits prior to final development order approval. 2.12 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, and Section 3.9.5.5.3 of the Collier County Land Development Code; a minimum of 9.34 acres (25% of the viable, naturally functioning native vegetation on site) is required to be retained or replanted. The preserve area depicted on Exhibit "A", PUD Master Plan is approximately 5.7 acres, therefore, approximately 3.64 acres of native vegetation shall be planted, and/or retained on-site to satisfy the 9.34 acre requirement. II-5 P:~2001 Projects\01-0238.00 East Gateway PUDX0001 General Consultation~eastgatewaypudS.doc FEB 2 5 2003 2.13 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE Pursuant to Subsection 2.7.3.3. of the Land Development Code, upon adoption of the PUD Ordinance and attendant PUD Master Plan, the provisions of the PUD document become a part of the Land Development Code and shall be the standards of development for the PUD. Thenceforth, development in the area delineated as the East Gateway PUD District on the Official Zoning Map will be governed by the adopted development regulations and PUD Master Plan. P52001 Projects~01-0238.00 East Gateway PUD\0001 General ConsultationXeastgatewaypud8.doc FEB 2 § 2003 SECTION III COMMERCIAL DEVELOPMENT AREA 3.1 P (JRPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "C", Commercial Development Area on Exhibit "A", PUD Master Plan. 3.2 MAXIMUM COMMERCIAL SQUARE FEET The 20+ acre Commercial Development Area (Tract "C"), shall not be developed with more than 200,000 square feet of commercial uses. Should a hotel or motel be proposed, a commensurate amount of commercial development opportunity shall be lost, based on a comparison of average annual daily trip generations. 3.3 USES PER3'IITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses~: 1) Any retail businesses as defined in the Standard Industrial Classification Manual for the following categories: a. 521 - Lumber and other Building Materials Dealers; b. 523 - Paint, Glass, and Wallpaper stores; c. 525 - Hardware stores; d. 526 - Retail Nurseries, Lawn and Garden,Supply Stores; e. Major Group 53 - General merchandise stores. 2) Any retail store engaged in selling food as defined under Major Group 54 in the Standard Industrial Classification Manual. 3) Any retail businesses engaged in selling automobile parts and accessories; and retail gasoline sales (without service facilities), as defined in the Standard Industrial Classification Manual for the following categories: l/I-1 , ~ Reference Executive Office of the President, Office of Management and Budget, Standard Industriai Manual, 1987 Edition. P:k2001 Projects\01-0238.00 East Gateway PUD\0001 General ConsultationXeastgatewaypudS.doc Cta l t t 5 2003 a. 553 o Auto and Home Supply stores, not including any installation facilities; b. 554 - Gasoline Stations, not including service facilities; c 7542 - Carwashes only. 4) Any retail businesses engaged in selling apparel and accessories as defined under Major Group 56 in the Standard Industrial Classification Manual. 5) Any retail businesses engaged in selling home furniture, furnishings, and equipment stores as defined under Major Group 57 in the Standard Industrial Classification Manual. 6) Any retail establishment selling prepared foods and drinks, including alcoholic drinks (for consumption on the premises), as defined under Major Group 58 in the Standard Industrial Classification Manual. 7) Any miscellaneous retail businesses as defined under Major Group 59 in the Standard Industrial Classification Manual, not including Industry Group Numbers: 593 - Used Merchandise Stores; 596 - Nonstore Retailers; 598 - Fuel Dealers; and not including the retail sale of fireworks. 8) Establishments operating primarily in the fields of finance, insurance, and real estate as defined under Major Groups 60, 61, 62, 63, 64, 65, and 67 in the Standard Industrial Classification Manual. 9) Establishments operating primarily to provide temporary lodging such as hotels or motels as defined under Industry Group 7011 in the Standard Industrial Classification Manual. No more than 150 rooms shall be permitted. 10) Establishments operating primarily to provide personal services as defined in the Standard Industrial Classification Manual for the following Industry Groups: ao 721 - Laundry, Cleaning, and Garment Services, only including 7211 - Power laundries, family and commercial, and 7215 - Coin-operated laundries and dry-cleaning; b. 722 - Photographic Portrait Studios; c. 723 - Beauty Shops; d. 724 - Barber Shops; e. 725 - Shoe Repair Shops and Shoeshine Parlors; P:k2001 Project\01-0238.00 East Gateway PUD~001 General Consultation~eastgatewaypudS.doc 11) 13) 14) 15) g. 726 - Funeral Service and Crematories; 729 - Miscellaneous Personal Services, only including 7291 - Tax return preparation services, and 7299 personal services, only including car title and tag service, computer photography or portraits, costume rental, dress suit and' tuxedo rental, electrolysis (hair removal), hair weaving or replacement service, and tanning salons. Establishments operating primarily to provide business services as defined in the Standard Industrial Classification Manual for the following Industry Numbers: a. 7311 - Advertising Agencies; b. 7334 - Photocopying and Duplicating Services; c. 7371 - Computer Programming Services. Establishments operating primarily to produce, distribute, and exhibit motion pictures as defined under Major Group 78 in the Standard Industrial Classification Manual. Establishments operating primarily to provide legal services as defined under Major Group 81 in the Standard Industrial Classification Manual. Establishments operating primarily to provide engineering, accounting, research, and management for the following Industry Numbers: a. 8711 b. 8712 c. 8721 d. 8732 e. 8742 £ 8743 g. 8748 - Engineering Services (no outside equipment storage); - Architectural Services (no outside equipment storage); - Accounting, Auditing, and Bookkeeping Services; - Commercial Economic, Sociological, and Educational Research; - Management Consulting Services; - Public Relations Services; - Business Consulting Services. Offices of government as defined under Major Group' 91 in the Standard Industrial Classification Manual. 111-3 P:~2001 Projects\01-0238.00 East Gateway PUD\0001 General Consultation~.astgatewaypudS.doc FEB252003 / B. Accessory Uses Accessory uses and structures customarily associated with the pemaitted principal uses and structures, including, but not limited to: 1) Parking facilities and Signage. 2) One caretaker's residence. 3.4 DEVELOPMENT STANDARDS A. MINEMUM LOT AREA: 10,000 square feet. B. AVERAGE LOT WIDTH: 100 feet. C. MINIMUM YARDS (INTERNAL): 1) Front Yard: 25 feet or one-half of the building height as measured from each exterior wall. 2) Side Yard: One-half of the building height as measured from each exterior wall, xvith a minimum of 15 feet. 3) Rear Yard: One-half of the building height as measured from each exterior xvall. 4) Yards abutting off-site residential land uses: 50 feet. 5) Parcels with two frontages may reduce one front yard by 10 feet. D. MINIMUM YARDS AND BUFFERS (EXTERNAL) Land uses proposed on Davis Boulevard (S.R. 84): 50 foot setback, except that canopies for gas stations must maintain a 30 foot setback, provided no gas pumps or pump islands are located closer than 40 feet from the Davis Boulevard Right-Of- Way. A 25 foot landscape buffer, in accordance with Section 5.11 of this document, and Division 2.4 of the Collier County Land Development Code, shall be provided along the entire frontage of Davis Boulevard. E. MTNIMUM DISTANCE BETWEEN STRUCTURES: Same as side yards. MAXIMUM HEIGHT: 50 feet in all other areas. 35 feet directly adjacent to the Saddlebrook ¥ III-4 P:~.001 Projects\01-0238.00 East Gateway PUD\0001 General Consultafion~eastgatewaypudS.doc FEB 2 5 2003 Ko MINIMUM FLOOR AREA: 1,000 square feet per principal structure, on the first finished floor. Kiosk vendor, concessions, and temporary or mobile sales structures are permitted to have a minimum floor area of 25 square feet, and are not subject to setback requirements set forth above. MAXIMUM GROSS LEASABLE FLOOR AREA: 200,000 square feet. OFF-STREET PARKING AND LOADING REQUII~MENTS: As required by Division 2.3 of the Collier County Land Development Code in effect at the time of site development plan approval. OUTSIDE STORAGE: Outside storage is prohibited in this PUD, with the exception that garden centers and covered storage of materials and products shall be permitted. ARCHITECTURAL UNIFORMITY: Commercial development in this PUD shall have a common architectural theme for all structures. Guidance for the commonality of architecture may be derived from Division 2.8. of the Land Development Code, or may be unique to the PUD in conformance with the Interchange Master Plan for Activity Center #9. Commercial development site design shall conform with the guidelines and standards of Division 2.8. of the Land Development Code and the Interchange Master Plan for Activity Center #9. CARETAKER'S RESIDENCE: One (1) caretaker's residence shall be permitted for the commercial development area, subject to the following: l) The residence shall be constructed as an integral part of the shopping center or one of the commercial buildings, and shall be entered from within that structure. Exits required to comply with fire codes shall be permitted. 2) The caretakers' residence shall be an accessory use, and shall be for the exclusive use of the property owner, tenant, or designated employee operating or maintaining the shopping center or commercial facilities. 111-5 P:X2001 Projects\01-0238.00 East Gateway PUD\0001 General Consultation~eastgatewaypud8.doc FEB 2 S 2003 3) Off-street parking shall be as for a single-family residence in accordance with Division 2.3 of the Collier County Land Development Code in effect at the time of site development plan application. Parking for the caretaker's residences shall be in addition to any other required parking facilities. III-6 P:k2001 Projectsk01-0238.00 East Gateway PUDk0001 General Consultation~eastgatewaypudg.doc SECTION IV INDUSTRIAL/BUSINESS PARK DEVELOPMENT AREA 4.1 4.2 4.3 PURPOSE The purpose of this Section is to set forth the development plan for areas de.signated as Tract "UB", Industrial/Business Park Development Area on Exhibit "A", PUD Master Plan. MAXIMUM INDUSTRIAL/BUSINESS PARK SQUARE FEET The 174- acre Industrial/Business Park Development Area (Tract "I/B"), shall not be developed with more than 250,000 square feet of industrial/business park uses. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: Principal Uses~ (Wholesale and storage uses shall not be permitted immediately adjacent to the 1-75 Right-of-Way): 1) Any business engaged in building construction as defined under Major Group 15 in the Standard Industrial Classification Manual. 2) Any business engaged in construction - special trade contractors as defined under Major Group 17 in the Standard Industrial Classification Manual. 3) Any business as defmed in the Standard Industrial Classification Manual for the following categories: a. 521 - Lumber and other Building Materials Dealers; b. 523 - Paint, Glass, and Wallpaper stores; c. 525 - Hardware stores. t Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Manual, 1987 Edition. P:k2001 Projects\01-0238.00 East Gateway PUD\0001 General Consultation\eastgatewaypudS.doc 4) Any establishment selling prepared foods and drinks for consumption as defined under Industry Number 5812 in the Standard Industrial Classification Manual, not including fast foods, walk-up windows, and drive-through restaurants. 5) Establishments operating primarily in the field of real estate as defined under Major Group 65 in the Standard Industrial Classification Manual. 6) Establishments operating primarily to provide business services as defined in the Standard Industrial Classification Manual for the following Industry Numbers: a. 731 - Advertising; b. 733 - Mailing, Reproduction, Commercial Art and Photography, and Stenographic Services; c. 734 - Services to Dwellings and Other Buildings; d. 737 - Personnel Supply Services; e. 7382 - Security Systems Services; f. 7384 - Photofinishing Laboratories. 7) Establishments operating primarily to produce, distribute, and exhibit motion pictures as defined under Major Group 78 in the Standard Industrial Classification Manual. 8) Establishments operating primarily to provide engineering, testing and business consulting for the following Industry Numbers: a. 871 - Engineering, Architectural, and Surveying Services; b. 8734 - Testing Laboratories; c. 8748 - Business Consulting Services. B. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1) Parking facilities and Signage. 2) One caretaker's residence. P52001 Projects\01-0238.00 East Gateway PUD\0001 General Consultation~eastgatewaypud8.doc FEB 2 5 2003 4.4 DEVELOPMENT STANDARDS A. MINIMUM LOT AREA: 20,000 square feet. B. AVERAGE LOT WIDTH: 100 feet. Co FLOOR AREA RATIO (FAR): All industrial land uses (as set forth in the I, Industrial district fi.om the Collier County Land Development Code), shall be limited to a 0.45 floor area ratio. Business Park land uses (as set forth in the BP, Business Park district from the Collier County Land Development Code), shall not be limited by a floor area ratio. D. MINIMUM YARDS (INTERNAL): 1) Front Yard: 30 feet. 2) Side Yard: The sum total of the side yards shall be 20 percent of the lot width, not to exceed a maximum of 50 feet. This yard requirement may be apportioned between the side yards in any manner, except that neither side yard may be less than 10 feet. A zero lot line option may be used in a unified plan of development involving one or more lots under common ownership where the preceding yard requirements are met relative to the unified plan. 3) Rear Yard: 15 feet. 4) Yards abutting off-site residential land uses: 50 feet. 5) Parcels with two frontages may reduce one front yard by 10 feet. E. MINIMUM DISTANCE BETWEEN STRUCTURES: Same as side yards. Fo MAXIMUM HEIGHT: 35 feet directly adjacent to the Saddlebrook Vil.lage PUD. 50 feet in all other areas. G. MAXIMUM GROSS LEASABLE FLOOR AREA: 250,000 square feet. H. OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by Division 2.3 of the Collier County Land Development Code in effect at the time of site development plan approval. P:~2001 Projects\01-0238.00 East Gateway PUD~X)01 General Consultation~eastgatewaypudS.doc FEB 2 5 2003 Ko OUTSIDE STORAGE: Outside storage is prohibited in this PUD, with the exception that garden centers and covered storage of materials and products shall be permitted. ARCHITECTURAL UNIFORMITY: Industrial/business park development in this PUD shall have a common architectural theme for all structures. Guidance for the commonality of architecture shall be derived from Division 2.8. of the Land Development Code, or may be unique to the PUD in conformance with the Interchange Master Plan for Activity Center #9. Industrial/business park development site design shall conform with the guidelines and standards of Division 2.8. of the Land Development Code and the Interchange Master Plan for Activity Center #9. CARETAKER'S RESDENCE: One (1) caretaker's residence shall be permitted for the industrial/business park development area, subject to the following: 1) The residence shall be constructed as an integral part of the shopping center or one of the industrial/business park buildings, and shall be entered from within that structure. Exits required to comply with fire codes shall be permitted. 2) The caretakers' residence shall be an accessory use, and shall be for the exclusive use of the property owner, tenant, or designated employee operating or maintaining the industrial/business park facilities. 3) Off-street parking shall be as for a single-family residence in accordance with Division 2.3 of the Collier County Land Development Code in effect at the time of site development plan application. Parking for the caretaker's residences shall be in addition to any other required parking facilities. IV-4 P:~2001 Pr°Jects\01-0238-00 East Gateway PLID\0001 General Consultation~eastgatcwaypudS.doc FEB 2 5 2003 SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 5.2 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 Land Development Code of 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 the Master Development Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title to the developer is bound by any commitments within this agreement. These commitments may be assigned or delegated to a master association to be created by the developer. Upon assignment or delegation, the developer shall be released from responsibility for the commitments. 5.3 PUD MASTER DEVELOPMENT PLAN Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at anytime at any subsequent approval phase such as final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, amendments may be made from time to time. Bo All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all services and all common areas in the project. V-1 P52001 Projects\01-0238.00 East Gateway PUD\0001 General Consultation~astgatewaypud8.doc FEB 2 5 2003 Co The Community Development and Environmental Services Administrator, or his designee, shall be authorized to approve minor changes and refinements to the East Gateway PUD Master Plan upon written request of the developer. 1) The following limitations shall apply to such requests: a. The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the East Gateway PUD document. bo The minor change or refinement shall not constitute a substantial change pursuant to Subsection 2.7.3.5.1. of the Collier County Land Development Code. 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 preserve areas within, or external to the PUD boundaries. 2) The following shall be considered minor changes or refinements, subject to the limitations of Subsection 7.3.C. 1) of this document: ao Reconfiguration of preserve areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review and permitting. There may be no overall decrease in preserve area. Reconfiguration of lakes, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. c. Internal realignment of vehicular circulation patterns. 3) Minor changes and refinements, as described above, shall be reviewed by appropriate County staff to ensure compliance with all applicable County Ordinances and regulations prior to the Administrator's consideration for approval. V-2 P:~2001 ProjectsXOl-O23g.00 East Gateway PUD\0001 General Consultation~eastgatewaypud$.doc 5.4 4) SCHEDULE PROVISION Approval by the Administrator of a minor change or refinement may occur independently fi.om and prior to any application for subdivision or site development plan approval, however, the Administrator, or his designee's approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all applicable County permits and approvals. OF DEVELOPMENT/MONITORING REPORT AND SUNSET 5.5 This PUD is subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. However, given the subject PUD's location on a "currently deficient" State roadway facility, that has no programmed improvement schedule, The time period described by that Section 2.7.3.4 shall not mn until roadway capacity has been allocated to the PUD. Bo An annual PUD monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Land Development Code. TRANSPORTATION The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: All traffic control devices used must be in accordance with the Standards adopted by the Florida Department of Transportation (FDOT), as required by Florida Statutes - Chapter 316 Uniform Traffic Control Law. Bo All traffic speed limit postings must be in accordance with the Speed Zoning Manual as adopted by the Florida Department of Transportation (FDOT), as amended, as required by Florida Statutes - Chapter 316 Uniform Traffic Control Law. Arterial level street lighting must be provided at all development points of ingress and egress. Said lighting must be in place prior to the issuance of the first permanent Certificate of Occupancy (CO). Do External and internal improvements determined by Collier County Transportation staff to be essential to the safe ingress and egress to the development will not be considered for impact fee credits. Said improvements will be in place prior to the issuance of the first Certificate of Occupancy (CO). V-3 P:~001 Projects~01-0238.00 East Gateway PUD~0001 General Consultation~eastgatewaypud8.doe FEB 2 5 2003 E Road Impact Fees will be paid in accordance with Collier County Ordinance 2001- 13, as amended, and will be paid at the time building permits are issued, unless otherwise approved by the Collier County Board of Commissioners (CCBCC). Fo Access as shown on the PUD Master Development Plan is conceptual in nature and subject to change for consistency with the Land Development Code (LDC), as amended, Collier County Access Management Policy, as amended, and the Flor/da Department of Transportation (FDOT) Access Management On The State Highway System Policy, as amended. Median access and control will remain under Collier County's, and the Florida Department of Transportation's (FDOT's) authority, as may be applicable. These agencies each reserve the fight to modify or close any median openings that have been determined by their respective staffs to have an adverse affect on the health, safety, and welfare of the public. These include but are not limited to safety concerns, operational circulation issues, roadway capacity problems, etc. Go Nothing in any development order will vest the right of access over and above a right in/right out condition. Neither will the existence, or lack of, a future median opening be the basis for any future cause of action for damages against Collier County, and/or the Florida Department of Transportation (FDOT), by the developer(s), its successor(s) in title, or assignee(s). Frontage, midpoint and/or reverse frontage interconnection(s) may be required by Collier County Transportation staff as a condition of site development plan approval. The developer(s), its successor(s) in title, or assignee(s), will be responsible for the cost of any and all traffic signal(s), at any and all development entrance(s), when determined warranted and approved by Collier County. When warranted, upon the completion of the installation, inspection, bum-in period, and final approval/acceptance of any and all traffic signal(s), said traffic signal(s) will be turned over (for ownership) to Collier County, and will then be operated and maintained by Collier County Transportation Operations.. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and all other developer(s)/neighboring property owner(s), that directly benefit from said traffic signal(s), will be determined based upon percentage of usage/impact. Jo The development will be designed to promote the safe travel of all roadway users including bicyclists, and will provide for the safety of pedestrians crossing said · roadways. Bicyclist and pedestrian travel ways will be separated from vehicular traffic in accordance with recognized standards and safe practices, as.~ Collier County Transportation staff. V-4 FEB 2 5 2003 P52001 Projects~014)238.00 East Gateway PUD\0001 General ConsultationXeastgatewaypudS'd°c Lo The developer(s) shall provide any and all site related transportation improvement(s) including, but not limited to, any and all necessary turn lane(s) improvement(s) at the project entrance(s) prior to the issuance of the first permanent Certificate of Occupancy. Said improvement(s) are considered site related, and therefore do not qualify for impact fee credits. When said turn lane improvement(s), whether left turn lane and/or right turn lane, are determined to be necessary, right-of-way and/or compensating right-of-way, will be provided in conjunction with said improvement(s). All accesses and roadways not located within Collier County's and/or Florida Department of Transportation's (FDOT's) rights-of-way will be privately maintained by an entity created by the developer(s), its successor(s) in title, or assignee(s). Joint access and frontage roads shall be established specifically when frontage is not adequate to meet the access spacing requirements of the Collier County Access Management Policy, as amended, and the Florida Department of Transportation (FDOT) Access Management On The State Highway System Policy, as amended. Access points and median openings shall be designed to provide adequate turning radii and accommodate the U-Turn movement of commercial vehicles. No direct access to the 1-75 Right-of-Way will be permitted. The Davis Boulevard/S.R. 84 Project Development and Environmental Study prepared by the Florida Department of Transportation (FDOT) identified that additional right-of-way required for the 6-1aning improvements, between Radio Road and Collier Boulevard/CR 951, would be obtained from lands south of the existing Davis Boulevard/SR 84 right-of-way. Should the Florida Department of Transportation (FDOT) find additional fight-of-way necessary beyond the proposed right-of-way needs, reservation of right-of-way for dedication for improvements to Davis Boulevard/SR 84 must be identified on either the preliminary ~ubdivision plat or site development plan, whichever occurs first. The right-of-way shall be dedicated as fee simple at either the recording of a final plat, prior to the first certificate of occupancy, or within ninety days of the request by Collier County. Any compensation for the fight-of-way will be consistent with the requirements of the Land Development Code (LDC), as amended. No buffers/easements or other facilities may be designated within the Davis Boulevard/SR 84 future right-of-way. V-5 P:x2001 Projects\01-0238.00 East Gateway PUD'O001 General Consultation'eastgatewaypudS.doe FEB 2 § 2003 u. qo 5.6 The development will be limited to 9,400 square feet of shopping center land use, or its traffic impact equivalent, until such time as improvements are made to Davis Boulevard/SR 84 and Collier Boulevard/CR 951 within the area of impact, or it has been demonstrated by generally accepted transportation practices that Davis Boulevard/SR 84 and Collier Boulevard/CR 951 will operate at acceptable levels of service with all, or part of the proposed site impacts. This limitation may be modified if and when incremental improvements are made to Davis Boulevard/SR 84 and Collier Boulevard/CR 951 and study data supports that additional capacity has been made available for increased development within the area of impact as a result of said improvements. WATER MANAGEMENT The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: mo Detailed paving, grading and site drainage plans shall be submitted to Planmng Services Staff for review and approval. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the approved plans is granted by Planning Services Staff. Bo An excavation permit will be required for the any proposed lakes in accordance with the Collier County Land Development Code and South Florida Water Management District Rules. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code, except that excavation for water management features shall be allowed within twenty (20') feet from side, rear, or abutting property lines, with side, rear, or abutting property lines fenced. Lakes closer than 50 feet to the property line must be properly fenced. Do Landscaping may be placed within water management areas in compliance with the criteria established in Section 2.4.7.3. of the Collier County Land Development Code. The wet season water table shall be established at the time of South Florida Water Management District permitting. A South Florida Water Management Permit must be obtained prior development plan or construction plan approval. V-6 P:k2001 Projects\01-0238.00 East Gateway PUD\0001 General Consultation~astgat~waypudg.doc to an~_y_ site FEB 2 5 2003 5.7 UTILITIES The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: mo Water distribution and sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. All customers connecting to the water distribution and sewage collection facilities will be considered to be customers of the County, and will be billed by the County in accordance with the County's established rates. The on-site water distribution system serving the project must be connected to the Collier County Water-Sewer District's water main available and adjacent to the project's south boundary. 5.8 ENVIRONMENTAL The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules, and Collier County wetland rules. Bo All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans, and shall be recorded on the plat with protective covenants per, or similar to, Section 704.06, Flor/da Statutes. Co The petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USF&WS) and the Florida Fish and Wildlife Commission (FWC) regarding potential impacts to "listed species". Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Planning Services Staff for review and approval prior to final site plan/construction plan approval. An exotic vegetation removal, monitoring, and maintenance (exotic-flee) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Planning Services Staff for review and approval prior to final site plan/construction plan approval. This plan shall include methods and time schedules fi - th,, ,-,,,-,, .... 1 of exotic vegetation within the conservation/preservation areas. V-7 P:x2001 Projects~01-0238.00 East Gateway PUD\0001 General Consultation~astgatewaypudS.doe FEB 2 5 2003 5.9 ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with, or following the construction of the principal structure, except for a construction site office that may be constructed prior to commencement of infrastructure construction. 5.10 SIGNS All signs shall be in accordance with Division 2.5 of Collier County's Land Development Code, and the Activity Center #9 Interchange Master Plan. 5.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the East Gateway PUD, except in preserve areas. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1) Grassed berms 3:1 2) Ground covered berms 3:1 3) Rip-Rap berms 1:1 4) Structural walled berms may be vertical. B. Fencing materials shall be of either wood or masonry. Fence or wall maximum height: 9 feet, as measured from the finished grade of the ground at the base of the fence or wall. For the purpose of this provision, finished grade shall be considered no greater than 18 inches above the crown elevation of the nearest existing road, unless the fence or wall is constructed on a perimeter landscape berm. In these cases, the fence or wall shall not exceed 6 feet in height from the top of berm elevation with an average side slope of greater than 4:1 (i.e. 3:1, 2:1, 1:1, or vertical). Do Landscape buffeting and/or berming shall be installed along the project's frontage on 1-75. mo Pedestrian sidewalks, bike paths, water management facilities and structures may be allowed in landscape buffer areas in accordance with Division 2.4 of the Land Development Code. V-8 P:X2001 Projects\01-0238.00 East Gateway PUD\0001 General ConsultationX~gastgatewaypudS.doc FEB 2 5 2003 5.12 LANDSCAPING FOR OFF-STREET PARKING AREAS Except where provided for elsewhere in this document, all landscaping for off-street parking areas shall be in accordance with Division 2.4 of the Collier County Land Development Code, and the Activity Center #9 Interchange Master Plan. V-9 P:k2001 l~ojects~01-0238.00 East Gateway PUD\0001 General ConsultationXeastgatewaypud8.doe EXECUTIVE SUMMARY ADOPTION OF AN ORDINANCE AUTHORIZING THE ISSUANCE OF REVENUE BONDS PAYABLE FROM VARIOUS GAS TAX REVENUES OF THE COUNTY FOR THE PRINCIPAL PURPOSES OF ACQUIRING AND CONSTRUCTING VARIOUS TRANSPORTATION-RELATED CAPITAL IMPROVEMENTS AND REFUNDING CERTAIN OUTSTANDING INDEBTEDNESS OF THE COUNTY; PROVIDING FOR VARIOUS RIGHTS AND REMEDIES OF THE BONDHOLDERS; PROVIDING THAT THE BONDS AUTHORIZED HEREUNDER WILL NOT CREATE A GENERAL DEBT OR OBLIGATION OF THE COUNTY; AND PROVIDING AN EFFECTIVE DATE. OBJECTIVE: That the Board of County Commissioners adopts an ordinance exercising its home rule powers to issue bonds secured by various gas taxes for transportation projects. CONSIDERATIONS: The Board of County Commissioners originally approved the transportation- financing plan on March 12, 2002. The plan required a series of revenue bonds, pledging all available gas tax revenues and a portion of the County's available sales tax bonding capacity. The plan was later updated as part of this year's Annual Update and Inventory Report (AUIR) of the Collier County Growth Management Plan. On February 11, 2003 the Board approved a resolution authorizing the issuance of gas tax revenue bonds to finance transportation projects. To maximize the County's legal standing, bond counsel further recommended the adoption of a "home rule powers" ordinance that recognizes the Board of County Commissioner's authority to issue debt and to secure the debt with the various gas taxes accruing to Collier County. The draft ordinance was advertised on February 14, 2003. The adoption of a "home rule poxvers" ordinance is also consistent with previous Board action (adoption of Ordinance No. 80-51) xvhen pledging gas taxes. FISCAL IMPACT: The Board previously adopted Resolution No. 2003-82, which authorized the issuance of gas tax revenue bonds in a not-to-exceed amount of $120,000,000. Bond pricing is scheduled for February 26-27, 2003. GROWTH MANAGEMENT IMPACT: The bond issue will finance the construction of road projects required to meet concurrency requirements established in the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopts the attached Ordinance exercising the County's home rule powers to issue revenue bonds secured by various gas taxes. SUBMITTED BY: tq/]~ f.~,~L Michael Smykowski, OMB Director REViEW~E D~,By: Q__~'~'~_..~ '~~g~~ (J~ f David C. Weig'~l, ~o'u~ty Atto{ney Date: ~J [ ac- {-) --~ Date: APPROVED BY: James V. Mudd, County Manager Date: AGENDA ITEM FEB 2 5 2003 6 7 8 9 10 Il 12 13 14 15 16 17 18 I9 20 2l 22 23 24 25 26 27 28 29 3O 3! 32 33 34 35 36 37 38 39 4O 41 ,~ 42 43 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE ISSUANCE OF REVENUE BONDS PAYABLE FROM VARIOUS GAS TAX REVENUES OF THE COUNTY FOR THE PRINCIPAL PURPOSES OF ACQUIRING AND CONSTRUCTING VARIOUS TRANSPORTATION-RELATED CAPITAL IMPROVEMENTS AND REFUNDING CERTAIN OUTSTANDING INDEBTEDNESS OF THE COUNTY; PROVIDING FOR VARIOUS RIGHTS AND REMEDIES OF THE BONDHOLDERS; PROVIDING THAT THE BONDS AUTHORIZED HEREUNDER WIL~ NOT CREATE A GENERAL DEBT OR OBLIGATION OF THE COUNTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION 1.DEFINITIONS. When used in this Ordinance, the following terms shall have the following meanings, unless the context clearly otherwise requires: "Act" shall mean Chapter 125, Florida Statutes, Sections 206.41,206.47, 206.60, 336.021 and 336.025, Florida Statutes, this Ordinance, the Gas Tax Ordinances, the interlocal agreements relating to the distribution of the Gas Taxes, and other applicable provisions of law. "Board" shall mean the Board of County Commissioners of Collier County, Florida, and any successor thereto. "Bond Resolution" shall mean the resolution of the County providing for the security for the Bonds, the flow of funds, the fights and remedies of the Bondholders and various other terms and details relating to the Bonds, as the same may be amended or supplemented from time to time. "BOnds.. shall mean revenue bonds issued by the County pursuant to this Ordinance, payable from the Pledged Funds. FEB 2 5 20B3 l~g._ 1 2 3 4 5 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 "Cost," when used in connection with a Project, shall, to the extent permitted by the Act, mean (1) the County's cost of physical construction; (2) costs of acquisition by or for the County of such Project; (3) costs of land and interests therein and the cost of the County incidental to such acquisition; (4) the cost of any indemnity and surety bonds and premiums for insurance during construction; (5) all interest due to be paid on Bonds and other obligations relating to the Project during, and ii' deemed advisable by the County, for up to one year after the end of, the construction period of such Project; (6) engineering, legal and other consultam fees and expenses; (7) costs and expenses of the financing incurred during, and if deemed advisable by the County, for up to one (1) year after the end of, the construction period for such Project, including audits, fees and expenses of any paying agent, registrar, municipal bond insurer, credit bank or depository; (8) payments, when due (whether at the maturity of principal or the due date of interest or upon redemption) on any indebtedness of the County (other than Bonds) incurred for such Project; (9) costs of machinery or equipment required by the County for the commencement of operation of such Project; (10) other costs or expenses which may be funded from proceeds of Bonds pursuant to the Act; and (11) any other costs properly attributable to such construction or acquisition, as determined by generally accepted accounting principles and shall include reimbursement to the County for any such items of Cost heretofore paid by the County and interest on any interfund loan related thereto. The Bond Resolution may provide for additional items to be included in the aforesaid Costs. "County" shall mean Collier County, Florida, a political subdivision of the State of Florida. "Constitutional Gas Tax" shall mean the two-cent fuel tax imposed pursuant to Article IX, Section 16, Florida Constitution, and Sections 206.41 and 206.47, Florida Statutes. "Five Cents Local Option Gas Tax" shall mean the first 5-cents of the local option gas tax levied and received by the County pursuant to Section 336.025(1)(b), Florida Statutes, plus, to the extent provided by the Bond Resolution, any additional local option gas tax received by the County pursuant to Section 336.025(1)(b), Florida Statutes, and pledged by the County pursuant to the Bond Resolution. "Gas Tax Ordinances" shall mean the ordinances enacted from time to time by the County which imposes the Gas Taxes, including, but not limited to, Ordinance No. 80-50 of the County, enacted on June 3, 1980; Ordinance No. 80-51 of the County, enacted on June 3, 1980; Ordinance No. 99-40 of the County, enacted on May 25, 1999; Ordinance No. 9348 of the CountY, enacted on August 3, 1993, as amended by Ordinance No. 2001-26 of the County, enacted on May 8, 2001; each as amended and supplemented from time to time. ,~, :i-:,~,z~ ii 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 "Gas Tax Revenues" shall mean the moneys received by the County from the proceeds of that portion of the Gas Taxes which are determined by the County pursuant to the Bond Resolution to be pledged to the payment of the Bonds. "Gas Taxes" shall mean, collectively, all or a portion of the Seventh Cent Gas Tax, the Ninth Cent Gas Tax, the Five Cents Local Option Gas Tax, the Six Cents Local Option Gas Tax, the Constitutional Gas Tax, and any other gas tax imposed and/or received by the County which is specifically pledged under the Bond Resolution by the County. The County shall determine pursuant to the Bond Resolution which Gas Taxes shall be pledged to the payment of the Bonds. "Ninth Cent Gas Tax" shall mean the tax of one-cent per gallon on motor fuel and special fuel imposed by the County pursuant to Section 336.021, Florida Statutes, approved at a countywide referendum on March 11, 1980, and taxed and collected under Chapter 206, Florida Statutes, as provided in the Gas Tax Ordinances. "Pledged Funds" shall mean (1) the Gas Tax Revenues and (2) until applied in accordance with the terms of the Bond Resolution, all moneys in such funds and accounts, including investments thereof, as the County shall determine to pledge pursuant to the Bond Resolution. "Project" shall mean the acquisition and construction of such properties, facilities and improvements as shall be permitted by the Act. This term is to be broadly construed as including any lawful undertaking, including, without limitation, joint ventures and acquisition of partial interests or contractual rights. The description of such Project shall be set forth in the Bond Resolution or supplemental resolution authorizing the issuance of Bonds which shall finance the acquisition, construction and funding of such Project. "Refunded Bonds" shall mean the County's outstanding Collier County, Florida Road Improvement Refunding Revenue Bonds, Series 1995. "Seventh Cent Gas Tax" shall mean the tax of one cent per gallon on motor fuel levied by Section 206.60, Florida Statutes, and special fuel levied by Section 206.87, Florida Statutes, and allocated to the County pursuant to the provisions of subsection (2)(b) of said Section 206.60 and subsection (2) of Section 206.875, Florida Statutes. "Six Cents Local Option Gas Tax" shall mean the first 6-cents of the local option gas tax levied and received by the County pursuant to Section 336.025(1)(a), Florida Statutes, plus, to the extent provided by the Bond Resolution, any additional local option gas tax 3 ~o. ~ ~-~ FEB 2 5 ZOP,3 .... ,-/ 1 2 3 4 5 6 7 8 9 10 Il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O received by the County received pursuant to Section 336.025(1)(a), Florida Statutes, and pledged by the County pursuant to the Bond Resolution. The words "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms shall refer to this Ordinance. Words importing the singular number include the plural number, and vice versa. SECTION 2.FINDINGS. The Board hereby finds and determines as follows: (a) Act. The County has heretofore issued the Refunded Bonds in accordance with the (b) The Board deems it in its best interests to issue Bonds, from time to time, to finance or refinance various Projects which will benefit the health, safety and welfare of the citizens of the County. (c) The Board deems it in its best interests to issue Bonds for the refunding of the Refunded Bonds in order to achieve certain debt service savings and/or to allow Bonds to be issued with a senior lien on and pledge of all of the Gas Tax Revenues. (d) Such Bonds shall be payable from the Pledged Funds as provided in the Bond Resolution and shall not constitute a general debt or obligation of the County. Such Bonds shall never be payable from any ad valorem tax levied within the County. SECTION 3.ISSUANCE OF REVENUE BONDS. (a) The Board shall have the power and it is hereby authorized to provide pursuant to the Bond Resolution, at one time or from time to time in series, for the issuance of Bonds of the County payable from the Pledged Funds as provided in the Bond Resolution, or notes in anticipation thereof, for one or more of the following purposes: (1) paying all or a part of the Cost of one or more Projects, (2) refunding any Bonds or other indebtedness of the County, (3) funding a debt service reserve account, (4) capitalizing interest on the Bonds, and (5) paying costs of issuance relating to the Bonds. The principal of and interest on each series of Bonds shall be payable from the Pledged Funds, as determined pursuant to the Bond Resolution. The County may grant a lien upon and pledge of the Pledged Funds in favor of the holders of each series of Bonds in the manner and to the extent provided in the Bond Resolution. Such Pledged Funds shall immediately be subject to such lien without any physical delivery thereof and such lien shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the County. 4 5 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 (b) The Bonds of each series shall be dated, shall bear interest at such rate or rates, shall mature at such time or times not exceeding 40 years from their date or dates, may be made redeemable before maturity, at the option of the County, at such price or prices and under such terms and conditions, all as shall be determined by the Board pursuant to the Bond Resolution. The Board shall determine the form of the Bonds, the manner of executing such Bonds, and shall fix the denomination or denominations of such Bonds and the place or places of payment of the principal and interest, which may be at any bank or trust company within or without the State of Florida. In case any officer whose signature or a facsimile of whose signature shall appear on any Bonds shall cease to be such officer before the delivery of such Bonds, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes the same as if he or she had remained in office until such delivery. The Board may sell such Bonds in such manner and for such price as it may determine to be in the best interests of the County in accordance with the terms of the Bond Resolution. In addition to the Pledged Funds, the Bonds may be secured by such credit enhancement as the Board determines to be appropriate pursuant to the Bond Resolution. The Bonds may be issued as capital appreciation bonds, current interest bonds, term bonds, serial bonds, variable rate bonds or any combination thereof, all as shall be determined pursuant to the Bond Resolution. (c) Prior to the preparation of definitive Bonds of any series, the Board may, under like restrictions, issue interim receipts, interim certificates or temporary Bonds exchangeable for definitive Bonds when such Bonds have been executed and are available for delivery. The Board may also provide for the replacement of any Bonds which shall become mutilated, or be destroyed or lost. Bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions or things which are specifically required by this Ordinance. (d) The proceeds of any series of Bonds shall be used for such purposes, and shall be disbursed in such manner and under such restrictions, if any, as the Board may provide pursuant to the Bond Resolution. (e) The Bond Resolution may also contain such limitations upon the issuance of additional Bonds as the Board may deem proper, and such additional Bonds shall be issued under such restrictions and limitations as may be prescribed by such Bond Resolution. The Bond Resolution may contain such provisions and terms relating to the Bonds and the Pledged Funds as shall not be inconsistent herewith. (f) The County may enter into such hedge, swap and derivative agreements in regard to the Bonds as it deems appropriate. Obligations relating to such agreements shall be secured as provided in the Bond Resolution. , -::. ,. ,. No. ,P' __.~_-~ FEB 2 5 ~[~3 Pg.. ~. l 2 3 4 6 7 8 9 I0 Il 12 13 14 15 16 17 18 19 2O 2! 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 SECTION 4. TAXING POWER NOT PLEDGED. (a) Bonds issued under the provisions of this Ordinance shall not be deemed to constitute a general obligation debt of the County or a pledge of the faith and credit of the County, but such Bonds shall be payable solely from the Pledged Funds and any moneys received from credit enhancers of the Bonds, all in accordance with the terms of the Bond Resolution. (b) The issuance of Bonds under the provisions of this Ordinance shall not directly or indirectly or contingently obligate the County to levy or to pledge any form of ad valorem taxation whatever therefor. No holder of any such Bonds shall ever have the right to compel any exercise of the ad valorem taxing power on the part of the County to pay any such Bonds or the interest thereon or to enforce payment of such Bonds or the interest thereon against any property of the County, nor shall such Bonds constitute a charge, lien or encumbrance, legal or equitable, upon any property of the County, except the Pledged Funds in accordance with the terms of the Bond Resolution. SECTION 5.TRUST FUNDS. All moneys received pursuant to the authority of this Ordinance, whether as proceeds from the sale of Bonds or the Pledged Funds, shall be deemed to be trust funds, to be held and applied solely as provided in this Ordinance and in the Bond Resolution. Such Pledged Funds may be invested by the County, or its designee, in such manner as provided in the Bond Resolution. SECTION 6.REMEDIES OF BONDHOLDERS. Any holder of Bonds, except to the extent the rights herein given may be restricted by the Bond Resolution, may, either at law or in equity, by suit, action, mandamus or other proceeding, protect and enforce any and all rights under the laws of the State of Florida or granted hereunder or under such resolution, and may enforce and compel the performance of all duties required by this part, or by such resolution, to be performed by the County or the Board or by any officer thereof. SECTION 7.ALTERNATIVE METHOD. This Ordinance shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing or which may hereafter come into existence. This Ordinance, being necessary for the welfare of the inhabitants of the County, shall be liberally construed to effect the purposes hereof. SECTION 8. SEVERABILITY. If any section, paragraph, clause or provision of this Ordinance shall be held to be invalid for any reason, such invalidity shall not effect the validity or enforcement of any of the remaining provisions hereof. This Ordinance shall take precedenCe over and supersede any other ordinance or resolution of the County to the extent of any conflict or inconsistency therewith. - .... : ...... FEB 2 ~ 1 2 3 4 5 6 7 8 9 I0 Il 12 13 i4 I5 16 17 18 19 20 21 22 23 24 25 26 27 28 29 SECTION 9. EFFECTIVE DATE. A certified copy of this Ordinance shall be filed in the Department of State by the Clerk within ten days after enactment by the Board and shall take effect upon filing. DULY ENACTED in regular session, this ~ day of February, 2003. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (SEAL) ATTEST: DWIGHT E. BROCK, CLERK By: TOM HENNING, CHAIRMAN Clerk Approved as to form and legal sufficiency: Ramiro Mafialich Chief Assistant County Attorney pg.. EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO GOLDEN GATE ESTATES LAND TRUST COMMITTEE OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on October 13, 2003, on the Golden Gate Estates Land Trust Committee. CONSIDERATIONS: The Golden Gate Estates Land Trust Committee has 1 vacancy due to a resignation, with the term expiring on October 13, 2003, for applicants residing in Golden Gate Estates Units 21-22, 36-47, 52-53, 59-93 or those units located south of Alligator Alley. This 5-member committee serves in an advisory capacity 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 Properties Inc.). Applicants must reside within the subdivision known as "Golden Gate Estates." Member selection may depend upon location of residence within specific areas (phases) oftbe Estates. Terms are 4 years. A list of the current membership is included in the backup. Mr. Matthew G. Hudson resigned on May 23, 2002. A press release was issued and one resume was received from the following interested citizen: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. [ Linda Hartman [ Phase I 5 I Yes I G.G. Est. Master Plan Adv. Comm [ COMMITTEE RECOMMENDATION: Linda Hartman FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confu'ming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: FEBRUARY 25, 2003 Memorandum To: Sue Filson, Administrative Assistant Board of County Commissioners From: Toni A. Mott, Supervisor Property Acquisition and Construction Management Date: February 7, 2003 Subject: Golden Gate Estates Land Trust Committee The Golden Gate Estates Land Trust Committee Members, at their January 16, 2003 meeting, unanimously recommended the Board of County Commissioners accept the application of Linda Hartman for membership to the Committee. Mrs. HaRman resides within Golden Gate Estates, Unit 7, Tract 113 N (Phase I). Please present the Golden Gate Estates Land Trust Committee's recommendation to the Board of County Commissioners at your earliest convenience. Thank you. Real Property Management Department Golden Gate Estates Land Trust Committee Stlm~ [Fork Phone Appt'd Extx Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Matthew G. Hudson 321 13th Street, S.W. Naples, FL 34117 District: 5 Category: Phase I Mr. Stephen B. Greenberg 2780 8th Street, N.W. Naples, FL 34120 District: 5 Category: Phase III Ms. Karen M. Acquard 441 24th Avenue, N.E. Naples, FL 34120 District: 5 Category: Phase I Ms. Joy Dawson -77, 3930 26th Avenue, S.E. Naples, FL 34117 District: 5 Category: Phase II Mr. Charles Purcell VanGelder, 760 7th Street, S.W. Naples, FL 34117 District: 5 Category: Phase I 353-4333 05/11/93 10/13/95 2 Years 455-5072 10/12/99 10/13/03 4 Years 10/11/94 10/13/98 4 Years 455-1204 11/05/02 10/13/06 4 Years 03/10/98 10/13/98 8 months 455-8318 11/05/02 10/13/06 4 Years 09/11/01 10/13/05 4 Years 353-0444 597-8774 l 0/10/95 10/13/99 4 Years 353-5713 10/12/99 10/13/03 4 Years Friday, February 07, 2003 Page 1 of 2 Golden Gate Estates Land Trust Committee Work Phone Appt'd Exp. Date Term Name 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. (fld/a GAC Properties, Inc.) Applicants must reside within the subdivision known as "Golden Gate Estates." Members must reside within I of the 5 phases within the Golden Gate Estates area. Terms are 4 years F£ STAT 125.01 Staff: Toni Mort, Supervisor, Real Property: 774-8991 Frida.v, February 07.. 2005 Page 2 of 2 MEMORANDUM DATE: TO: FROM: November 22, 2002 Elections Office ~, Sue Filson, Executive Manage Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointmem to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. GOLDEN GATE ESTATES LAND TRUST COMMISSION DISTRICT Linda Hartman 794 17t~ Street, N.W. Naples, FL 34120 9*3 5 Thank you for your help. NOV ~. § 2002 MEMORANDUM DATE: TO: FROM: November 22, 2002 Toni Mort, Real Property Manag ~c~nt Department Sue Filson, Executive Manager.~ · Board of County Commi~ione~sv- Golden Gate Estates Land Trust Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Linda Hartman 794 17'h Street, N.W. Naples, FL 34120 Please let me know, in writing, the recommendation for appointmem of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Board of County Commissioners 8{~C~V~* 2)301 East Tamiami Trail Naplea, FL 34112 ~ax: {'941) 77436~ ~r'6 of Count~ C~missio~c~ Application for Advisory Committees/Boards Cat~o~y (if applicable):__ Are yo~ a registered vote' ia Collier County: Do you currently hold public off=He? Yes No If so. whAt is that ofllce~ ever It ye~, please list the commltteu/board~: llst your communit~ activltigs (ctvk dabs, neigM~rhood asso~ia~ona, ett. and positions heid:~ _ -- ~~'///.0'~ ~_ Experlen~: LINDA HAR.~N 794 17TH STR~BT N.W- NAPLES, FLORIDA 34120 Off'_xcc 274.5400 Fax 274-5495 Home 455-1739 Mobilc 564-8449 DOB: 11-19-47 Florida Resident sinc~ Nov~mb~, 1983 #150535 Current Position pct~mcl MalaCca, Loan Officcr, Mitlctmia Lending Group 4210 Metro Pkwy. Ste. lO/, Foti Myers, FI. 33916 William All~n High School in All~ntow~ Pa., business degr~. Marriot I-Io~1 a~d R~slaurant ~ent School, pi~s HuI Maaa~m~-'nt Training School p~n' s Restaurant Manager T~ining lnstitul~ All mangcmcnt training PmlFants focus on organizational, fitmucial, and customer ~laiion skills. Cnaduated in thc top 5% of the class in all training ~ H~ Michael Hammm, married sinc~ 19~5. Two dau~ ami fo~ grand~dr~n] · .:.,c Z 5 2903 Current Civic Activi!i_ 'es Golden Cate Master Plan Vice Chair Golden Gate Esta~ Area Civic Association~ Tre, asmer Golden Gate Area Civic Associatio~ Golden Gate Fire Conuol District Advisory Board ~ Collier Cotmty Rcpublican Exccu~c Committcc,'Prcciuct 6~2 Captain Golden Gate President's Club Member ~Prior Civic Activities Golden Gate Chamber of Commerce President Golden Crate Rouuy Club, Treasurer The Concerv~ of Southwest Florida Golden Gate Festival Chairman for 6 years Bay Days Cleau-u~ team ~ Golden Cra~ Area C%unber of Commerce Secretary C-oldcr~ Cralc Area Chambcr of Commerce BOD, 3 year term Golden Gaic Area Chamber of Commerce member 10 years Golden Gate F_~tates Civic Association President, 1999 Golden Gate Bstatcs Civic Assodafion Secretary, 199S Golden Gate Estate~ Civ/c A~soc/mion mcmbcr since 1992 Crirl Scouts of Amer/ca 422 Troop Leach:r Golden Crate Citizen of thc year nomance 2000 AOENDATrF. M~ Leaves Page I of 2 .... ochs_l From: mudd_j Sent: Sunday, February 16, 2003 10:31 PM To: brock_m; bodinejudi; ochs_l Subject: FW: Fill Pits & Mining Operations Importance: High From: coletta_j Sent: Sunday, February 16, 2003 10:31:01 PM To: mudd._i Cc: rosiak_n Subject: RE: Fill Pits & Mining Operations Importance: High Auto forwarded by a Rule Jim Mudd The Sheriff Dept and the pit owners have been working on some ideas to lessen the impact of the truckers. Any understandings that are reached by these parties can't suffice for the need to bring the problem out into the sunshine. Please put it on the agenda for a briefing on present actions taken and options to be considered. I will be meeting with Capt Bloom of the Sheriff Dept and William McDaniel representing the Pit Owners, Stan Chrzanowski, Connie Dean on Tuesday 2118 3- 4pm to review were we are, were we are going and also to put out a joint press release. I would welcome a member of your office to attend. Thank You Jim Coletta ..... Original Message ..... From: mudd_j Sent: Thursday, February 13, 2003 7:25 PM To: coletta_j Cc: ochs_l Subject: RE: Fill Pits 8. Mining Operations Commissioner, If you wish, I can put #3 on the agenda for the 25th under para #9. VR, Jim Mudd 2/18/2003 ..... Original Message ..... From: kuck_t Sent: Wednesday, February 12, 2003 3:44 PM To: coletta_j Cc: mudd_j; Schmitt3oseph; chrzanowski_s; Feder_N Subject: Fill Pitc 8, Mining Operations FEB 252003 Leaves Page 2 of 2 Commissioner, this is a follow-up to our discussion on fill pits/mining operations and the truck traffic associated with these operations. Stan Chrzanowski and Greg Garcia conducted a survey earlier in the week in the Golded Gate Estates area. They made traffic observations between 5:00 & 8:30 AM. Trucks started leaving the fill pits after 7:00 AM and heavy traffic was observed on Immokalee Rd. and Golden Gate Blvd. Our suggestions to help reduce the traffic impacts on the public include: 1) Increased sheriff surveilance between the hours of 7:00 - 9:00 AM 2) consideration given to requiring a $.01 fee on fill pits to provide funding to hire off duty sheriff deputies to manitor traffic during key impact hours and 3) by Board action, change the permitted hours of operation from 7:00 AM to 5:00 PM to 8:30 AM to 6:30 PM. By not permitting the trucks to leave the quarries until 8:30 would lessen the impact to the public during the most congested hours and the truck traffic later on in the day would be primarily west bound verses the public headed east....home from work thereby not creating quite as serious problem Consideration could also be given to permitting hauling on Sundays until such time 4-1aning improvements are constructed. Please advise if you need any additional information. 2/1 $/2003 FEB 2 Memorandum To: From: Date: Subject: County Manager James V. Mudd Board of County CommiSsioners Vice Chair Donna Fiala, February 21, 2003 Request to add to the February 25, 2003 Board of County Commissioners agenda a resolution supporting continuation of the State Housing Trust FUnd I [ I I As a proponent of affordable housing, I am requesting you add to the February 25, 2003 Board of County Commissioners (BCC) agenda the attached resolution which supports continuation of the State Housing Trust Fund. In Gov. Jeb Bush's proposed FY 2003-2004 budget released January 21, 2003, the State Housing Trust Fund and Local Government Housing Trust Fund for the State Housing Initiatives Partnership (SHIP) Program is eliminated and all funds are reallocated to General RevenUe. Under the proposed budget, the appropriations for housing programs are $83.9 million less than the amount that would be available from the dedicated revenue in the trust funds. SHIP would lose $58.4 million and the state programs would lose $25.5 million. For Collier County, Gov. Bush's estimated SHIP Program appropriation for housing programs is $1.1 million less than what would be available from the currently dedicated revenue in the trust funds. This represents a 34 percent loss in affordable housing funding to Collier County. I'm sure you understand how this proposed cut in Gov. Bush's budget concerns me. I would appreciate you adding the attached resolution to the upcoming meeting for consideration by the BCC. DF:dlw Attachment Cc: Board of County Commissioners RESOLUTION NO 2003- WHEREAS, Governor Bush released his proposed FY 2003-2004 budget January 21, 2003 and it eliminates the State Housing Trust Fund and the Local Government Homing Trust Fund for the State Housing Initiatives Parmership (SHIP) program and reallocates all funds to General Revenue; and WHEREAS, if the Governor's proposal is approved by the Legislature, Florida will no longer have a dedicated revenue source for affordable housing; and WHEREAS, the Sadowski Act of 1992 deliberately designed the dedicated documentary stamp revenue source to be a growth tax - so that housing funding could keep pace with housing costs, which continue to escalate; and WHEREAS, appropriations for housing programs are proposed at $83.9 million less than the amount that would be available from the dedicated revenue in the trust funds and under the proposed budget SHIP would lose $58.4 million, and the State programs would lose $25.5 million; and WHEREAS, the Governor's estimated SHIP Program appropriation for housing programs offered in Collier County is $1,096,911 less than the amount that would be available fxom the currently dedicated revenue in the trust funds. This represents a direct loss in affordable housing funding to Collier County of thirty-four percent 34%; and WHEREAS, because over 700,000 of Florida's families are in immediate need of affordable housing (paying over 50% of their total household income for shelter), Florida needs more affordable housing funding- not less funding from an uncertain source; and WHEREAS, currently in Collier County, studies show the community's need for approximately 13,000 new owner-occupied affordable housing units and 7,000 new rental affordable housing units by the year 2010; and WHEREAS, thirty-four percent (34%) of the households in Collier County earn less than eighty percent (80%) of the county's median income and thus qualify for homeownership assistance through the SHIP Program; and WHEREAS, the Florida Housing Coalition has estimated that this proposed cut in funding to Collier County will result in 73 fewer new affordable owner occupied homes built next year in Collier County, 163 jobs lost in Collier County, and a total lost economic opportunity to Collier County of $8,336,526, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY THAT: The Board of County Commissioners of Collier County strongly supports the retention of the dedicated funding source for affordable housing in Florida and the full funding of affordable housing initiatives including full funding of the SHIP Program from that dedicated source. o This Resolution shall take effect immediately upon its adoption. This resolution adopted after motion, second, and majority vote favoring same. DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA DWIGHT E. BROCK, CLERK By: TOM HENNING, CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: PATRICK G. WHITE ASSISTANT COUNTY ATTORNEY EXECUTIVE SUMMARY ADOPT THE 2002 COLLIER COUNTY WATER MASTER PLAN UPDATE, PROJECT 70070 OBJECTIVE: Address infrastructure needed to support growth patterns in Collier County for the next five and 20-year planning horizons; to look-ahead at growth-related and reliability issues for the next twenty years; and approve the recommendations made in the 2002 Water Master Plan Update. CONSIDERATION: Larger and new water facilities are required to meet anticipated growth. The Water-Sewer District boundary is expected to be expanded in the next five years. Recommended capital improvements are estimated to be $185 million over the next five years (2003 to 2007) and $556 million over the subsequent fifteen years (2008 to 2022). The recommended capital improvements are being used for determination of impact fees and user rates. The current Water Master Plan, adopted in 2001, identified infrastructure needs to meet growth anticipated through 2021. The 2002 Water Master Plan Update confirmed population projections developed in the 2001 Water Master Plan. The 2002 Water Master Plan Update has been prepared with an increased focus on system reliability. On March 12, 2002, Work Order GH-FT-02-05 (Contract 00-3199) was issued to Greeley and Hansen LLC for engineering services related to the 2002 Water Master Plan Update. Greeley and Hansen LLC has completed all the tasks and submitted the 2002 Water Master Plan Update. The 2002 Water Master Plan Update includes recommended operational standards. A summary table is provided below comparing the current and the recommended minimum operational level of service standards given in the 2002 Water Master Plan Update. No changes to the operational standards are proposed. Operational Standard Current Recommended Fire Flow demand in gallons per minute (gpm) Res i den ti al 500gpm 500gpm Non-residential 750gpm 750fipm Flow Peaking Factors over Annual Average Daily Demand Peak Hour 2.6 2.6 Maximum Day 1.3 1.3 Minimum Day 0.5 0.5 Maximum Month 1.2 1.2 Minimum Transmission Mains Pressure in pounds per square inch (psi) Peak Hour Flow 50psi 50psi Maximum Day with Fire Flow 40psi 40psi FEB 2 5 2003 p~..._ / Executive Summary Adopt the 2002 Water Master Plan Update Page 2 of 3 The proposed 2002 Water Master Plan Update was presented to the Board's Development Services Advisory Committee (DSAC) on January 8, 2003, the DSAC's Utility Subcommittee on January 21, 2003, and to the Productivity Committee on January 15, 2003. A public workshop was held on February 18, 2003 with the Board. Copies of the 2002 Water Master Plan Update are available for viewing at the Collier County Public Utilities Engineering Department. FISCAL IMPACT: The 2002 Water Master Update recommends system improvements that will require the allocation of funding for capital projects in future years. These improvements are summarized as follows: 5-Year (2003-2007) Capital Improvement Projects Recommendations total approximately $185 million over the five-year period. This includes the following major projects and estimated costs: · Design and construction of the South County Regional Water Treatment Plant (SCRWTP) Reverse Osmosis Expansions to 20 mgd Maximum Month Daily Demand (MMDD) -- $28,000,000 · Design and construction of a new wellfield for the SCRWTP Expansion to 20 mgd -- $16,575,000 · Land acquisition for the proposed Northeast Regional Water Treatment Plant (NERWTP) and wellfield-- $7,054,000. · Design and construction of additional water supply wells -- $4,340,000 · Design and construction of new transmission mains -- $31,019,000 · Purchase and installation of automatic meter read equipment -- $4,398,000 · Well replacement program-- $7,955,000 · Reverse osmosis membrane replacement -- $2,400,000 Design and rehabilitation of existing water distribution system -- $4,000,000 · Design and construction of potable ASR wells -- $6,861,000 · Design of proposed Northeast Regional Water Treatment Plant -- $6,510,000 · Existing water treatment plant reliability and security enhancements -- $10,900,000 Subsequent 15-Year (2008-2022) Capital Improvement Projects Recommendations total approximately $556 million over the fifteen-year period This includes the following major projects: · Design and construction of improvements to the water transmission system; · Design and construction of two new regional water treatment plants; AGENDA ITF. J~ NO.. /~ jot FEB 2 § 2003 Executive Summary Adopt the 2002 Water Master Plan Update Page 3 of 3 · Design and construction of two expansions to the new regional water treatment plants; and · Design and construction of two new well-fields. · Continuation of wellfield and treatment plant reliability program. Water system capital improvement funding is provided through a mi:~ of impact fees, user, long- term bond financing, and state revolving, fund loans. To ensure adequate funding, the impact of the recommended project expenditures have been considered in the impact fee and user rate fee studies. GROWTH MANAGEMENT IMPACT: The current level of service standard (LOSS) of 185 gallons per capita per day (gpcd) is recommended to be continued to be used. The actual water demand in 2002 was 184 gpcd. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, adopt the 2002 Water Master Plan Update. PREPARED By: ,.~~~'Q ~ Date: Mohan V. Thampi, P.E., Senior Project Manager Public Utilities Engineering Department REVIEWED BY: P/ul Public Utilities Division Date: Roy/B. Anderson, P.E., Director Public Utilities Engineering Department APPROVEDBY.~X~, (.~ ~~ ~; ~;i liDt:eL°s ~,~siEoaidmj/iistrat°r Date: t/ff/~::~'~ AG£NOA I T£/"I ~0._/O _ (31~ FEB 2 5 2003 PG.__-~ EXECUTIVE SUMMARY ADOPT THE 2002 COLLIER COUNTY WASTEWATER MASTER PLAN UPDATE, PROJECT 73066 OBJECTIVE: Address infrastructure needed to support growth patterns in Collier County for the next five and 20-year planning horizons; to look-ahead at growth-related and reliability issues for the next twenty years; and approve the recommendations made in the 2002 Wastewater Master Plan Update. CONSIDERATION: Larger and new' wastewater facilities are required to meet anticipated growth. Reclaimed water improvements are recommended to provide a more reliable source of irrigation water. The Water-Sewer District boundary is expected to be expanded in the next five years. Recommended capital improvements for wastewater and reclaimed water are estimated to be $267 million over the next five years (2003 to 2007) and $480 million over the subsequent fifteen years (2008 to 2022). The recommended capital improvements are being used for determination of proposed changes to the existing impact fees and user rates. The current Wastewater Master Plan, adopted in 2001, identified infrastructure needs to meet growth anticipated through 2021. Population projections developed in the 2001 Wastewater Master Plan Update were confirmed in the 2002 Wastewater Master Plan Update. The 2002 Wastewater Master Plan Update has been prepared with an increased focus on reliability. On March 12, 2002, Work Order GH-FT-02-06 (Contract 00-3199) was issued to Greeley and Hansen LLC for engineering services related to the 2002 Wastewater Master Plan Update. Greeley and Hansen LLC has completed all the tasks and submitted the 2002 Wastewater Master Plan Update. The proposed 2002 Wastewater Master Plan Update was presented to the Board's Development Services Advisory Committee (DSAC) on January 8, 2003, the DSAC's Utility Subcommittee on January 21, 2003, and to the Productivity Committee on January 15, 2003. A public workshop was held on February 18, 2003 with the Board. Copies of the 2002 Wastewater Master Plan Update are available for viewing at the Collier County Public Utilities Engineering Department. FISCAL IMPACT: The 2002 Wastewater Master Update recommends system improvements that will require the allocation of funding for capital projects in future years. These improvements are summarized as follows: 5-Year (2003-2007) Capital Improvement Projects Wastewater: Recommendations total approximately $268 million over the five-year period. This includes the following major projects and estimated costs: Executive Summary Adopt the 2002 Wastewater Master Plan Update Page 2 of 4 · Design and construction of the North County Water Reclamation Facility (NCWRF) Expansion to 24. l-mgd Maximum Month Average Day Flow (MMADF) -- $45,738,000. · Design and construction of the NCWRF Flow Equalization Basins -- $1,259,000 · Design and Construction of Deep Injection Wells at the NCWRF -- $9,200,000. · Design and construction for the South County Water Reclamation Facility (SCWRF) Expansion to 16-mgd MMADF -- $4,870,000. · Design and construction of a Deep Injection Well at the SCWRF -- $7,975,000. · Design and construction of North/South Service Area Sewer Interconnects -- $7,982,000. · Land acquisition, design and construction of the proposed Northeast County Water Reclamation Facility -- $17,575,000. · Land acquisition, design and construction of the proposed East Central Water Reclamation Facility -- $26,200,000 · Land acquisition for the proposed Southeast Water Reclamation Facility -- $4,000,000 · Design and construction of new wastewater transmission mains -- $26,160,000 · Design and construction of new wastewater master pumping stations -- $4,415,000 · Design and construction of pumping station improvements -- $10,053,000 · Expansion of telemetry system -- $4,800,000 · Public Utilities Operations Center-- $2,575,000 · Wastewater collection system improvements -- $6,710,000 RecIaimed Water: Recommendations total approximately $33 million over the five-year period. This includes the following major projects and estimated costs: · Design and construction of the Golden Gate Canal Supplemental Water System -- $4,503,000 · Design and construction of Aquifer Storage and Recovery (ASR) Reclaimed Water Wells -- $7,700,000 · Design and construction of Pelican Bay Fire/Irrigation Water System Improvements -- $2,276,000 · Design and construction of reclaimed water transmission mains -- $7,503,000 Subsequent 15-Year (2008-2022) Capital Improvement Projects Wastewater: Recommendations total approximately $409 million over the fifteen-year period. This includes the following major projects and estimated costs: Improvements to the North and South County Water Reclamation Facilities Design and construction of the Water Reclamation Facility Interconnects Design and construction of expansions to the proposed Northeast and East Central Water Reclamation Facilities Design and construction of proposed Southeast Water Reclamation Facility A~IIOA ZT£1q #0. /t~ FEB 2 5 2003 Executive Summary Adopt the 2002 Wastewater Master Plan Update Page 3 of 4 Reclaimed Water: Recommendations total approximately $71 million over the fifteen-year period. This includes the following major projects and estimated costs: · Design and construction of the Supplemental Reclaimed Water Facilities · Design and construction of additional Aquifer Storage and Recovery (ASR) Facilities Design and construction of Reclaimed Water Transmission Mains Wastewater system capital improvement funding is provided through a mix of impact fees, user fees, long-term bond financing, and state revolving fund loans. To ensure adequate funding, the impacts of the recommended project expenditures are included in the impact fee and user rate fee studies. GROWTH MANAGEMENT IMPACT: Per capita sewer flows used in the 2002 Wastewater Master Plan Update are the same as the current Level of Service Standard (LOSS) in the County's Comprehensive Growth Management Plan as follows: Current LOSS 2002 WW Master Plan Update LOSS North Sewer Service Area, 145 145 gallons per capita per day South Sewer Service Area, 100 100 gallons per capita per day New Sewer Service Areas, 120 120 gallons per capita per day RECOMMENDATIONS: Staff recommends that the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, adopt the 2002 Wastewater Master Plan Update. PREPARED BY: ~ ~ Date: 2'/~//4 'f Mohan V. Thampi, P.E., Senior Project Manager ~r -,/ Public Utilities Engineering Department REVIEWED BY: Joe~heatham, Wastewater Director Public Utilities Division Date: Executive Summary Adopt the 2002 Wastewater Master Plan Update Page 4 of 4 Roy B. ~nderson, P.E., Director Public Utilities Engineering Department APPROVED BX.'~~4> ~ ~}~ r '~-Ja~s W. DeLony, P.E., Admi~trato ~...~.._~ic Utilities Division / AG~NOA IT£# ,o. /o ~ FEB 2 5 2003 iiI EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE AN INTERIM INTERLOCAL AGREEMENT WITH THE COLLIER COUNTY SCHOOL BOARD FOR COORDINATED LAND USE AND SCHOOL PLANNING AS REQUIRED BY CHAPTER 2002-296 LAWS OF FLORIDA. OBJECTIVES: To have the Board of County Commissioners approve an interim interlocal agreement with the Collier County School Board to meet the requirements of Chapter 2002-296 L.O.F. BACKGROUND: The 2002 Florida State Legislature enacted Chapter 2002-296 L.O.F which became effective on May 31, 2002. The legislature requires that school boards and local governments enter into an interlocal agreement which addresses school siting, enrollment forecasting, school capacity, infrastructure and safety needs of schools through a continuous joint planning and information sharing process. The minimum requirements for the interlocal agreement are: 1) Process by which local governments and school boards agree on projections of population and student enrollment. 2) Process to coordinate and share information relating to existing and planned schools, renovations, closures and local government plans for development and redevelopment. 3) Process for participation of local governments in district decisions evaluating closures, renovations, and new sites for acquisition. 4) Process for determining need for on-site and off-site improvements to support district projects. 5) Process for reporting capacity based on facilities work plan. 6) Process for participation of local government in the annual update to the 5 year district facilities work plan and the educational plant survey. 7) Process for determining when and how joint use of school or local government facilities can be shared for mutual benefit and efficiency. 8) Process for resolution of disputes. 9) Identification of an oversight process including an opportunity for public participation for implementation of the interlocal agreement An optional component of the interlocal agreement is a section to address the site )lan review process. A local government may not deny a site plan application if a schc is consistent with the future land use policies and land use categories that allow schools. However, the local government may impose reasonable develc FEB 2 standards and conditions in accordance with section 235.34, F.S. The local government may consider the adequacy of the site plan as it relates to environmental concerns, health, safety and welfare, and effects on adjacent property. The Department of Community Affairs (DCA) schedule for adoption by the BCC and Collier County School Board of the mandated interlocal agreement to implement Chapter 2002-296 L.O.F. is March 1, 2003. County staff met with Collier County School Board staff and the staff representatives of the Cities of Naples, Marco Island and Everglades City to develop an interlocal agreement for adoption by the respective boards and councils. County staff feel strongly that a section dealing with the site plan review process must be included in the interlocal agreement in order to insure that health, safety, and welfare as well as compatibility issues are addressed. County staff and School Board staff are still negotiating and developing a site plan review process. For this reason, the DCA is permitting Collier County and the School Board to submit an interim interlocal agreement to meet the requirement to implement Chapter 2003-296. The interim interlocal agreement will expire in ninety (90) days from the date that the last party executes the agreement. During this ninety (90) day period, the County and the School Board must complete negotiations on the site plan review process and submit evidence of such agreement in order to remain in compliance with Chapter 2003.296 L.O.F. The Collier County School Board approved this interim agreement on Thursday February 13, 2003. CONSIDERATIONS: This interim interlocal agreement will provide compliance with the mandate of Chapter 2003-296 L.O.F. for an additional ninety (90) day period while County staff and School Board staff negotiate and develop a site plan review process for school facilities. It is important to clearly identify and define the issues and development standards that the County will consider when evaluating the adequacy of site plans, site location, compatibility, on-site and off-site infrastructure improvements, environmental requirements and roadway access standards. While recognizing the need for both parties to cooperate in locating school facilities within areas of demand in a timely manner, County staff feels it is equally important to insure that quality of life issues are addressed. The attached photographs illustrate some of the health, safety and welfare as well as compatibility concerns that must be addressed in the new interlocal agreement. FISCAL IMPACT: Chapter 2002-296 L.O.F. provides for financial sanctions against local governments and school boards in the event that an interlocal agreement is not adopted on schedule. The deadline for Collier County and Collier County School Board to have an interlocal agreement submitted to the DCA is March 1, 2003. As long as the County is in compliance with Chapter 2003-296 L.O.F. there are no direct fiscal impacts. This interim interlocal agreement provides the County a ninety (90) day extension to address plan review issues and avoid any sanctions that could be imposed by the State the site FEB 2 5 2003 GROWTH MANAGEMENT IMPACT_: The adoption of an interlocal agreemont with the Collier County School Board, as provided in Chapter 2002-296 L.O.F., will facilitate the coordination of the implementation of the Collier County Growth Management Plan with the planning and siting of school facilities and supporting infrastructure. RECOMMENDATION: 'i'hat the Board of County Commissioners approve the interim interlocal agreement with the Collier County School Board. p~R~P A_RE D BY: ~ '~ PLANI~I G SERVICES DIRECTOR AP PR.O_~ED BY: //~ ~D~Vl-~IU'NITy~DEV. AND ENVIRONMENTAL SERVICES FEB 2 5 2003 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING This Agreement is entered into by and between the Collier County Board of County Commissioners (hereinafter referred to as "County") and the District School Board of Collier County, Florida (hereinafter referred to as "School Board"), together the Parties. WHEREAS, the Parties recognize their mutual obligation and responsibility for the education, nurturing and general well-being of the children of Collier County; and WHEREAS, the Parties recognize the benefits to the citizens and students of their community by more closely coordinating their comprehensive land use and school facilities planning programs to ensure: (1) better coordination of new schools in time and place with land development; (2) greater efficiency for the School Board and the County by the placement of schools to take advantage of existing and planned roads, water, sewer, parks, and drainage systems; (3) improved student access and safety by coordinating the construction of new and expanded schools with the road and sidewalk construction programs of the County; (4) the location and design of schools so that they serve as community focal points; (5) the location and design of schools with parks, ballfields, libraries, and other community facilities to take advantage of joint use opportunities; and (6) the location of new schools and expansion and rehabilitation of existing schools so as to reduce pressures contributing to urban sprawl and support existing neighborhoods; and WHEREAS, Section1013.33 (10), Florida Statutes, requires that the location of public educational facilities must be consistent with the comprehensive plan and implementing land development regulations of the appropriate local governing body; and WHEREAS, Sections 163.3177(6)(h) 1 and 2, Florida Statutes, require each local government to adopt an intergovernmental coordination element as part of its comprehensive plan that states principles and guidelines to be used in the accomplishment of coordination of the adopted comprehensive plan with the plans of the School Board, and describe the processes for collaborative planning and decision making on population projections and public school siting; and WHEREAS, Section 163.3177(6)(h)2, Florida Statutes, further requires each county, all the municipalities within that county, and the district school board to establish by interlocal or other formal agreement executed by all affected entities, the joint processes described above consistent with their adopte intergovernmental coordination element; and FEB 2 5 2003 WHEREAS, the Parties enter into this Agreement in fulfillment of the above referenced statutory requirements and in recognition of the benefits accruing to their citizens and students described above; and WHEREAS, the parties hereto are authorized to enter into this Interlocal Agreement pursuant to Section 163.01, Section 163.3177(6)(h)2., and Section 1013.33(2)(a), Florida Statutes; and WHEREAS, upon the Department of Community Affairs (DCA) acceptance of this Agreement, and upon the commitment of the Parties hereto to abide by and seek fulfillment of the terms and conditions of the Agreement, that DCA shall recognize the Agreement as fully satisfying Florida Statutes Sections 1013.33 and 163.3177 requirements for cooperative planning for all Parties involved, both individually and collectively. NOW THEREFORE, in consideration of the public benefits to be realized from the coordinated planning and review of public educational facilities, the Parties hereby agree as follows: Section 1. Recitals The foregoing recitals are adopted and incorporated by reference as if set forth fully herein. The following procedures will be used to coordinate public facilites planning and land use planning: Section 2. Joint Workshop Meetings 2.1 A staff working group from the County and School Board will meet on an as needed basis, but no less frequently than twice per year, to formulate recommendations and discuss issues regarding coordination of land use and school facility planning, including such issues as population and student enrollment projections, development trends, school needs, co-location and joint use opportunities, and ancillary infrastructure improvements needed to support the schools and ensure safe student access. Representatives from the Southwest Florida Regional Planning Council will also be invited to attend. The School Board staff, in coordination with the County Manager will be responsible for making meeting arrangements and providing the necessary notification for the first meeting in 2003. Thereafter, the process for meeting notification will be as established by a majority of the members of the working group then present. 2.2 One or more of the elected members of the County Commissio~ and the School Board will meet every other year in joint workshop session. Additional workshops may be held upon 2 FEB 2 5 2003 request by either the County Commission or the School Board. The joint workshop sessions will be opportunities for the County Commission and the School Board to build consensus, and set direction regarding coordination of land use and school facilities planning, including, but not limited to the following: population and student estimates and projections, development trends, school needs, off-site improvements, and joint use opportunities. The County Manager and School Board Superintendent will be jointly responsible for making meeting arrangements and providing notification for the joint workshop. Section 3. Student Enrollment and Population Projections 3.1 In fulfillment of their respective planning duties, the County and the School Board agree to coordinate their respective plans based upon agreed upon projections of the amount, type and distribution of population growth and student enrollment. 3.2 The School Board shall utilize the Department of Education (DOE) five-year county-wide student enrollment projections. The School Board may request that the DOE projections be adjusted to reflect actual enrollment and development trends not anticipated by the DOE projections. In formulating such a request the School Board will coordinate with the County regarding future population projections and growth. Five- year population and student enrollment projections shall be revised annually to ensure that new residential development and redevelopment information provided by the County are reflected in the updated projections. 3.3 The County staff, in coordination with the School Board will use information on County growth and development trends for unincorporated areas, such as census information on population and housing characteristics, persons-per- household figures, historic and projected growth rates, and the information described in Subsection 4.2 of this Agreement, to project residential units by type for five years (single family, multi-family and mobile home) and allocate these units into sub-county planning sectors, such as student attendance zones consistent with county-wide projections. The planning sectors will be established by mutual consent of the School Board and the County. The allocation of residential units by type and planning sector w be provided to the School Board by September 1st of each year. FEB 2 5 2003 3.4 The School Board will evaluate the planning sector projections prepared by the County. The School Board working with the County will develop and apply student generation multipliers for residential units by type for schools of each type, including, but not limited to, traditional public elementary, middle and high schools, as well as, charter, alternative and vocational schools, considering past trends in student enrollment within specific planning sectors in order to project school enrollment. The school enrollment projections will be included in the Educational Facilities Report provided to the County each year as specified in Subsection 4.1 of this Agreement. 3.5 Population Projections: Coordination regarding the update of the County' population projections, their allocation into planning sectors, and conversion into projected student enrollment will occur on an annual basis at the staff working group meeting described in Subsection 2.1 of this Agreement. The revised projections and the variables utilized in making the projections will be reviewed and established by agreement of the staff working group. Section 4. Coordinating and Sharing of Information 4.1 Educational Facilities Report: By November 1st of each year, the School Board shall submit to the County an Educational Facilities Report. The report will contain information in tabular, graphic, and textual formats detailing existing and projected school enrollment, existing educational facilities, their locations, the number of portable units (hereinafter "portables") in use at each school, and projected facility needs. The Report will also contain the School Board's capital improvement plan, including planned facilities with funding over the next 5 years, and a description of any unmet needs. The Report will provide data for each individual school concerning school capacity based on DOE criteria and enrollment of each individual school based on actual student counts. The Report will show the generalized locations in which new schools will be needed, along with planned renovations, expansions and closures of existing schools. The Report will indicate properties the School Board has already acquired through developer donation, or properties for which there is a developer obligation to provide property to the School Board, at the School Board's discretion, or properties acquired through other means that are potential school sites. 4 FEB 2 5 2003 4.2 Growth and Development Trends: On September Ist of each year, the County will provide the School Board with a report on annual growth and development trends. The report will contain information in tabular, graphic and textual formats and will include information regarding development approvals for the preceding year as follows: (a) the type, number, and location of residential dwelling units which have received zoning approval, final subdivision plat approval, or site plan approval; (b) a summary of all comprehensive plan amendments to include a description of any land use changes and the location of the affected area; (c) the number of building permits issued for new residential dwelling units and the location of such residential dwelling units; (d) information regarding the conversion or redevelopment of housing or other structures into residential dwelling units which are likely to generate new students; and (e) identification of any development orders issued which contain a requirement for the provision of a school site as a condition of development approval. The estimated number of students generated from the development approvals from new residential dwelling units will be used in the data and analysis to support the annual update of the School Board's Five-year Capital Facilities Plan. Section 5. School Site Selection 5.1 The School Board will establish an informal site evaluation committee for the purpose of reviewing potential sites for new schools and proposals for renovation, expansion and closure of existing schools, and making suggested recommendations to the District Site Selection Committee, the Superintendent and the School Board. The site evaluation committee will be a standing committee and will meet on an as needed basis. In addition to appropriate members of the school district staff, the informal site evaluation committee will include at least one County staff member appointed by the County Manager. The committee 5 FEB 2 5 2003 5.2 membership will be expanded as needed to include additional County staff. When the need for a new school site is identified in the district facilities work program, the site evaluation committee will develop a list of potential sites in the area of need identified in the educational plant survey. The list of potential sites and list of schools proposed for renovation, expansion or closure will be submitted to the County for an informal assessment regarding consistency with the County comprehensive plan including: environmental suitability, transportation and pedestrian access, availability of infrastructure and services, safety concerns, and land use compatibility. In addition, consistency with community vision and other issues such as student assignment that have a bearing on site suitability will be commented upon. The issues identified in Subsection 5.2 of this Agreement will also be considered by both the County and site evaluation committee as each potential site and each school proposed for renovation, expansion or closure is evaluated. Based on the information gathered during this review, the site evaluation committee will make a recommendation to the District Site Selection Committee concerning the selection of potential school sites in order of preference, and, if applicable, schools proposed for renovation, expansion or closure in order of preference. The following matters will be considered by the informal site evaluation committee, the County and the School Board when evaluating potential school sites or the expansion or rebuilding of existing schools, including charter schools: The location of school sites that will provide logical focal points for community activities such as the community facilities itemized in Subsection 9.1 and serve as the cornerstone for innovative urban design standards, including opportunities for shared use and co- location of community facilities. The location of new elementary and middle schools proximate to residential neighborhoods. The location of new schools within reasonable walking distance of the residential dwelling units served by the schools, as practicable, under the student assignment program. 6 AGENDA ITEM FEB 2 5 2003 do so go jo mo no oo The location of new high schools on the periphery of residential neighborhoods, with access to major roads. Compatibility of the school site with present and projected uses of adjacent property. Encouragement of community redevelopment and revitalization and efficient use of existing infrastructure and discouraging urban sprawl. Land availability, site acquisition and development costs, and degree of urbanization. Safe access to and from the school site by pedestrians and vehicles. Availability of public facilities and services necessary to serve the proposed school, concurrent with the impacts of the school. Environmental constraints that could preclude development of a public school on the site if mitigation is not available or practicable. Impact on archaeological or historic sites listed in the National Register of Historic Places or designated by the County as a locally significant historic or archaeological resource. Soil characteristics that indicate the proposed site is suitable for development or is adaptable for development and outdoor educational purposes with the provision of drainage improvements. The proposed location in relation to County stormwater management plans or watershed management plans. The proposed location in relation to the velocity flood zone, a floodway, or the Coastal High Hazard Area, as delineated in the County Growth Management Plan. The ability of the site to accommodate the required parking, circulation and queuing of vehicles. 7 FEB 2 5 2003 10 . 5.3 p. The proposed location in relation to any airports considering the requirements of Section 333.03, Florida Statutes, which regulates the construction of public educational facilities in the vicinity of an airport. As early as practicable, but no less than 60 days prior to acquiring or leasing property that may be used for a new public educational facility, or initiating the renovation or expansion of an existing school, the School Board shall provide written notice of same to the County. The County, upon receipt of this notice, shall notify the School Board within 45 days if the proposed new school site or the proposed renovation or expansion of an existing school is consistent with the land use categories and policies of the County's Growth Management Plan. This preliminary notice does not constitute the County's determination of consistency pursuant to Section 1013.33(11), Florida Statutes. Section 6. Supporting Infrastructure In conjunction with the preliminary consistency determination described at Subsection 5.3 of this Agreement, the School Board and the County will jointly determine the need for, and timing of, on-site and off-site infrastructure improvements necessary to serve each new school or the proposed renovation, or expansion of an existing school, and will enter into a written agreement as to the timing and location, and the entity or entities responsible for constructing, operating and maintaining the required improvements. Section 7. Comprehensive Plan Amendments, Rezonings, and Development Approvals 7.1 The County will include a nonvoting representative appointed by the School Board on the local planning agency, or equivalent agencies, to attend those meetings at which the agency considers comprehensive plan amendments and rezonings that would, if approved, increase residential density on the property that is the subject of the application. The County may, at its discretion, grant voting status to the School Board rePresentative. The School Board will receive local planning agency's agendas and appropriate backup materials from the County and will review and comment as appropriate. 8 ^C'F'"I A rrF' FEB 2 5 200 ! 7.2 7.3 7.4 7.5 The County will provide the School Board notification of all land use applications and development proposals pending before it that may affect student enrollment, enrollment projections, or school facilities. Such notice will be provided at least 14 days prior to approval of the application. This notice requirement applies to amendments to the Growth Management Plan, Future Land Use Element and Map rezonings, developments of regional impact, and other major residential or mixed-use development projects. After notification by the County, ~he School Board will advise the County of the school enrollment impacts anticipated to result from the proposed land use application or development proposal, and whether sufficient capacity exists or is planned in order to accommodate the impacts. School capacity will be reported consistent with DOE criteria. Based on the DOE definition of adequate capacity, if sufficient capacity is not available or planned to serve the development at the time of impact, the School Board shall specify how it proposes to meet the anticipated student enrollment demand; alternatively, the School Board, County, and developer may collaborate to find a means to ensure that sufficient school capacity will be available to accommodate the residential development, such as, developer contributions, project phasing, required facility improvements and school impact fees. In reviewing and approving land use applications, rezoning requests and development proposals, the County will consider, if applicable, the following issues when requested by the School Board: a. Providing school sites and facilities within planned neighborhoods. b. Insuring the compatibility of land uses adjacent to existing schools and reserved school sites. Co The co-location of parks, recreation and community facilities with school sites. The linkage of schools, parks, libraries and other public facilities with bikeways, trails, and sidewalks. Insuring the development of traffic circulation plans to serve schools and the surrounding neighborhood. FEB 2 5 2003 7.6 Providing off-site signalization, signage, access improvements and sidewalks to serve all schools. go The inclusion of school bus stops and turnarounds in new developments. ho Encouraging the private sector to identify and implement creative solutions to developing adequate school facilities in residential developments. School Board comments on Growth Management Plan amendments and other land-use decisions. Available school capacity or planned improvements to increase school capacity. In formulating community development plans and programs, the County will consider the following issues: Target community development improvements in older and distressed neighborhoods near schools. Coordinate County programs and capital improvements that are consistent with and meet the capital needs identified in the School Board's school facilities plan. Encourage developments and property owners to donate school sites at predevelopment prices, assist with the construction of new facilities or renovation to existing facilities, and provide transportation alternatives. Address and resolve multi-jurisdictional public school issues. Section 8. Educational Plant Survey and Five-Year District Facilities Work Program 8.1 At least one year prior to preparation of the educational plant survey update, the staff working group established in Subsection 2.1 of this Agreement will assist the School Board in an advisory capacity in the preparation of this update. The staff working group will evaluate and make recommendations regarding the location and need for new l0 FEB 2 5 2003 8.2 educational facilities, or improvements to existing educational facilities in terms of consistency with the County Growth Management Plan, and relevant issues listed at Subsections 5.2, 7.5 and 9.1 of this Agreement. The School Board will provide the proposed annual update of the five-year district facilities work program to the County for review and comment for consistency with the County Growth Management Plan prior to adoption. The County may provide written comments to the School Board within 30 days following receipt of the proposed work program. Section 9. Co-location and Shared Use 9.1 Co-location and shared use of facilities are important to both the School Board and the County. The School Board will look for opportunities to co-locate and share use of school facilities and civic facilities when preparing the Educational Plant Survey. Likewise, co-location and shared use opportunities will be considered by the County when preparing the updates to its Growth Management Plan, Schedule of Capital Improvements and when planning and designing new, or renovating existing, community facilities. For example, opportunities for co-location and shared use will be considered for libraries, parks, recreation facilities, community centers, auditoriums, learning centers, museums, performing arts centers, and stadiums. In addition, where applicable, co-location and shared use of school and governmental facilities for health care and social services will be considered. 9.2 A separate agreement between the School Board and the County or appropriate entity, will be developed for each instance of co-location and shared use which addresses legal liability, operating and maintenance costs, scheduling of use, and facility supervision. Section 10. Oversight Process The School Board and the County Commission shall each appoint a citizen member to serve on an oversight committee to monitor implementation of this Interlocal Agreement. Oversight Committee members shall be invited to attend all meetings referenced in Sections 2 and 5 hereof and shall receive copies of all reports and documents produced pursuant to this Agreement. The committee shall appoint a chairperson, meet at least annually, and report to the County Commission and the School Board and the general public on the impler~ ,~ptation of this Agreement together with its effectiveness. FEB 2 5 2003 ]! Section 11. Site Plan Review Projects initiated by the School Board shall comply with applicable site development plan review requirements as set forth in a separate interlocal agreement, which further refines and delineates the provisions and scope of site development plan review requirements for future School Board projects. Section 12. Resolution of Disputes If the Parties to this Agreement are unable to resolve any issue relative to this Agreement and with in which they may be in disagreement, such dispute will be resolved in accordance with governmental conflict resolution procedures specified in Chapters 164 and 186, Florida Statutes. Section 13. Amendment and Termination of Agreement Either party may elect to withdraw from participation in this Agreement upon official action of its governing body and after 30 days written notice to the other party to this Agreement. Section 14. Execution This Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument and be the agreement between the parties. Section 15. Expiration The term of this Agreement shall expire ninety (90) days from the date the last party executes this Agreement unless the separate interlocal agreement referenced in Section 11 is executed by the Parties prior to that ninety (90) day period. The DCA will be notified if this Agreement expires pursuant to this Section. IN WITNESS WHEREOF, this Interlocal Agreement has been executed by the Parties by their duly authorized officials on the date set forth below. ATTEST: Dwight Brock, Clerk COLLIER COUNTY By: Deputy Clerk (SEAL) 12 By: Date: Tom Henning, Chairman, Board of County Commissioners AC.~J41)A ~ ~m FEB 2 5 2003 Approved as to form and legal sufficiency: David C. Weigel, County Attorney A'I-rEST: COLLIER BOARD COUNTY SCHOOL By: Dr. Dan White, Superintendent By:. Linda Abbott, Chairman Date: Approved as to form by: John Clapper, Esq. Attorney for School Board 396360_1 13 FEB 2 5 2003 AGENDA 19 FEB 2 5 ~ FEB 2 ~ 2003 FEB~ FEB 2 5 20[: AGENDA FEB 2 5 EXECUTIVE SUMMARY APPROVE A RESOLUTION TO AUTHORIZE THE COLLIER MOSQUITO CONTROL DISTRICT TO EXPAND BOUNDARIES INTO IMMOKALEE. OBJECTIVE: To address health, safety, and welfare concerns in a prudent and financially responsible manner. CONSIDERATION: The Board previously supported the Collier Mosquito Control District's (CMCD) recommendation to survey the Immokalee community to determine if there is a desire for services in the area. Following this direction, a survey utilizing available information from the Property Appraiser's Office was conducted last December and January.- Seventy-one percent (71%) favored the expansion of the District of the (18%) to respond. Following the survey results, the CMCD unanimously recommend that the Board of County Commissioners authorize the expansion of the District to service the Immokalee community. If approved, these boundaries will be added to the 2004 tax roll with spraying beginning in 2004. The survey of the Estates area will be conducted next Fall (with anticipated spraying in summer 2005). The District separated the two areas due to the logistical concerns (equipment, personnel, scheduling etc.) of expanding both districts simultaneously. Recognizing that the Immokalee area has a greater population density and risk of West Nile, the District prioritized this area first. This is also consistent with the Health Department's recommendation. Creating the Immokalee area first will additionally allow the District to manage the actual costs more effectively and plan for the Estates expansion more effectively. GROWTH MANAGEMENT: This expansion of the District is consistent with the health, safety and welfare objectives in the Management Plan. FISCAL IMPACT: The anticipated cost of the expansion is $250,000 and will be funded by the Collier Mosquito Control District. RECOMMENDATION: That the Board of County Commissioners approve the Resolution to expand the Collier Mosquito Control District into Immokalee. John Dun-nuck, Public Services Administrator RESOLUTION NO. 2003 - A RESOLUTION APPROVING THE EXPANSION OF THE BOUNDARIES OF THE COLLIER MOSQUITO CONTROL DISTRICT, PURSUANT TO SECTION 388.211, FLORIDA STATUTES WHEREAS, a Mosquito Control District was created in Collier County in 1950 encompassing six square miles with expansions occurhng in 1963, 1971, 1972, 1982, 1989, and 2000 increasing its size to approximately 308 square miles, and WHEREAS, after research and consideration, it is the present desire of the Board of Commissioners of the Collier Mosquito Control District to again expand the District's boundaries to include: 1. The following real property hereinafter described as "Phase 1": Township 46S - Range 28E: Sections 25, 26, 35 and 36 Township 46S - Range 29E: Sections 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 and 36 Township 47S - Range 29E: Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18; and WHEREAS, the Board of Commissioners of the Collier Mosquito Control District has resolved in regular session on January 22, 2003, to request the Board of County Commissioners of Collier County, Florida, to approve the expansion of the boundaries of the District, a copy of the resolution (Resolution 3-2003-2004) is attached hereto as Exhibit "A'; and WHEREAS, Section 388.211, Florida Statutes, provides that the Board of Commissioners of any Mosquito Control District formed prior to July 1, 1980, may, for and on behalf of the District or the qualified electors within or without the District, request that the Board of County Commissioners in each county having land within the District approve a change in the boundaries of the District; and WHEREAS, based upon the presentation of the Board of Commissioners Collier Mosquito Control District before the Board of County Commissioners at its January 22, 2003, public meeting, the Board of Collier County Commissioners finds that the proposed expansion of the Collier Mosquito Control District is in the best interest of the citizens of Collier County and will serve a public need by reducing mosquito related problems. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1) Pursuant to Section 388.21 I(1), Florida Statutes, and at the request of the Board of Commissioners of the Collier Mosquito Control District, the Board of County Commissioners of Collier County, Florida, hereby approves the expansion of the Collier Mosquito Control District boundaries to include: ',-" FEB 1 Township 46S - Range 28E: Sections 25, 26, 35 and 36 Township 46S - Range 29E: Sections 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 and 36 Township 47S - Range 29E: Sections I, 2, 3, 4, 5, 6, 7~ 8~, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 2) The Board of County Commissioners of Collier County, Florida, recognizes that an amendment shall be made by the Collier Mosquito Control District to the order creating the Collier Mosquito Control District to conform with the approved boundary change. This Resolution adopted this 25t~ day of February, 2003, after motion, second andmajofity vote favoring same. ATTEST: DWIGHT BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: Deputy Clerk TOM HENNING, CHAIRMAN Approved as to form and Legal sufficiency: Rarmro Manalic~ Chief Assistant County Attorney 2 FEB 2 5 21)1)3 Collier Mosquito Controi~- 600 North Road Naples, Florida 34104-3464 COMMISSIONERS: Robert A. Boyer, Chairman John F. Johnson, Secretary DonaM K. Page, Treasurer Jeanne E. Brooker Robert D. Geroy EXECUTIVE DIRECTOR; Frank W. Van Essen, Ph.D. RESOLUTION 3 - 2003-2004 WHEREAS, it is stated in Section 388.211, Florida Statutes, 'Whe board of commissioners of any district formed prior to July 1, 1980, may, for and on behalf of the district or the qualified electors within or without the district, request that the board of county commissioners in each county having land within the district approve a change in the boundaries of the district," and WHEREAS, the Collier Mosquito Control District was created in 1950 encompassing six square miles with expansions occurring in 1963, 1971, 1972, 1982, 1989, and 2000 increasing its size to appr0~mately three hundred and eight (308) square miles, and WHEREAS, at the regular meeting of the Board of Commissioners on January 22, 2003, motion was made by Commissioner Brooker to expand the Collier Mosquito Control District boundaries into the Immokalee area, for mosquito control services to begin in fiscal year 2003-2004. The motion was seconded by Commissioner Geroy and unanimously approved. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Collier Mosquito Control District to herewith request that the Board of County Commissioners of Collier County, Florida, use its statuto~ authority pursuant to Florida Statutes Section 388.211 to approve the following change in the boundaries of the Collier Mosquito Control District and to amend the Charter creating the Collier Mosquito Control District to conform with the boundary change expanding the Collier Mosquito Control District to add Sections 25, 26, 35, and 36 of Township 46S, Range 28E; Sections 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, and 36 of Township 46S, Range 29E; and Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 1 I, 12, 13, 14, 15, 16, 17, and 18 of Tov~.ship 47S, Range 29E; and to tax residents thereof on the tax billings to be mailed in November of 2003 for such services at the established Collier Mosquito Control District millage rate for the 2003-2004 fiscal year, to be determined as provided by Florida Statutes. Service will commence October 1, 2003. DONE, ORDERED AND RESOLVED IN REGULAR SESSION OF THE COLLIER MOSQUITO CONTROL DISTRICT BOARD OF COMMISSIONERS this 22~a day of January 2003. ATTEST: J~m D. Owens, Clerk 'l~obert A. Boy~,~ Administration: 239-436-1000 · 239-436-1005 (fax) Hangar: 239-436-1008 · 239-436-1007 (fax) www. collier-mosquito.org Collier Mosquito Control Distri~t ' ~ 600 North Road Naples, Florida 34104-3464 COMMISSIONERS: John F Johnson, Chairman Robert D. Geroy, Secretary Donald K. Page, Treasurer Robert A. Boyer Jeanne E. Brooker EXECUTIVE DIRECTOR: Frank W. Van Essen, Ph.D. February 13, 2003 Mr. Tom Henning, Chairman Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Dear Chairman Henning: At the January 22, 2003 meeting of the Collier Mosquito Control District (CMCD) Board of Commissioners, motion was made and approved to proceed with the expansion of the District in the Immokalee area, effective October 1, 2003. Commissioner Coletta's attendance at this meeting was very helpful. This letter will serve as a formal request that the Board of County Commissioners of Collier County, Florida, use its statutory authority pursuant to Florida Statutes Section 388.211 to approve the following change in the boundaries of the CMCD to add Sections 25, 26, 35, and 36 of Township 46S, Range 28E; Sections 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, and 36 of Township 46S, Range 29E; and Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 of Township 47S, Range 29E; and, to place the additional properties on the tax rolls for the 2003-2004 fiscal year. Mosquito control services will commence October 1, 2003. I would also like to take this opportunity to express our appreciation for the work of Mr. John M. Dunnuck III, Administrator of the Public Services Division, in facilitating the Immokalee expansion process. Sincerely, Frank W. Van Essen, Ph.D. Executive Director cc: Mr. John M. Dunnuck III Administration: 239-436-1000 · 239-436-1005 (fax) Hangar: 239-436-1008 · 239-436-1007 (fax) www. collier-mosquito, org IMMOKALEE EXPANSION SURVEY MAILED 12/20/02 3181 PERCENT POSTMARKED THRU 1/13/03 562 17.67% POSTMARKED AFTER 1/13/03 29 18.58% YES AFTER 1/13/O3 21 70.90% NO AFTER 1/13/03 8 26.23% 2/7/2003 UNDELIVERABLE 100 3.14% FEB 2 5 21133 December 18, 2002 December 19, 2002 December 20, 2002 December 29, 2002 January 2, 2003 January 7, 2003 January 8, 2003 January8 & 9,2003 January9,2003 January ll, 2003 Immokalee Proposed Expansion Schedule of Events Press Release issued regarding letter and postcards. WEVU UPN 8, WBBH NBC 2, WFTX FOX 4, WZVN ABC 7, WINK CBS 11, and WGCU cable 3 report on the Immokalee expansion during their daily news show; and local radio stations 101.9 FM Gator Country, 107.0 FM KAT Country, 1490 AM/92. l FM Fiesta, and 96.1 FM K-Rock also report on the issue. Ad placed in weekly newspaper "Immokalee Bulletin" (English & Spanish). Expansion letter, brochure, Q&A, and postcard mailed to Immokalee improved property owners. Article published by Eric Staats in the Naples Daily News (front page of local). Ad placed in weekly newspaper "Immokalee Bulletin" (English & Spanish). Adrian Salinas, Public Information Officer, CMCD spoke to the "Front Porch Organization" of Southeast Immokalee about expansion. Adrian Salinas spoke to the "Immokalee Inter-agency Group" regarding expansion. Press Release issued regarding expansion meeting at Immokalee Collier County Health Department 6:00 p.m. Adrian Salinas visited a multitude of Immokalee area businesses to invite Immokalee residents to the expansion meeting. These businesses included: Lake Trafford Marina, Immokalee Health Department, Immokalee Branch Library, Seminole Indian Casino, Harvest for Humanity, Inc/Jubilation Farms, Career And Service Center of Collier County - Immokalee, Jack & Ann's Feed & Supply, Inc., David C. Brown Realty, Raynor's Seafood, Lozano's Mexican Restaurant, Vesta's Caf6, and the Country Kitchen Restaurant -o to name a few. Immokalee Expansion Meeting held at the Immokalee Collier County Health Department. Adrian Salinas, Public Information Officer, CMCD, Jeff Stivers, Ph.D., Director of Research, CMCD, and Mark Crowley, Director of Epidemiology, Collier County Health Department provided information about mosquito control and answered questions. Adrian Salinas and Jeff Stivers visited the Immokalee Civic Association Meeting to speak with members about expansion. Ad placed in weekly newspaper "Immokalee Bulletin" (English & Spanisfi). Jeff Stivers had a radio interview in Spanish with local Spani .~..r,,adio station (Fiesta 1490 AM and 92.1 FM -- simulcast.) i ~3 ~-~ FEB 2 5 3103 .. . . ? 1/16/2003_ The Regular Meeting of the COLLIER MOSQUITO CONTROL DISTRICT (CMCD) Board of Commissioners was called to order at 10:00 a.m., January 22, 2003, at District Headquarters. PRESENT: Chairman Boyer; Commissioners Brooker, Geroy and Johnson; Executive Director Van Essen; Directors Owens, Hogan and Stivers; Attorney Athan. Also in attendance were District 5 Commissioner James Coletta, Board of County Commissioners (BCC); Ms. Kate Shrewsbury and Mr. Jim Meerpohl of Marsh U. S.A.; and Mr. Eric Staats of the Naples Daily News. Mr. Keith Miller of Gulfshore Insurance and Ms. Susan Baxley of Amefisure Insurance Company arrived at 11:00 a.m. ABSENT: Commissioner Page. On motion made by Commissioner Johnson and seconded by Commissioner Geroy, the AGENDA was approved by all Commissioners present. On motion made by Commissioner Johnson and seconded by Commissioner Brooker, the MINUTES for the Regular Meeting of December 12, 2002 were approved by all Commissioners present, with one clarification. The last sentence of the Mega Issue, Mechanism for Review of Policies paragraph now reads: Attorney Athan was asked to review the "Indemnity Resolution for Public Officials Liability" document prior to review by the Board. DISTRICT EXPANSION: Dr. Van Essen acknowledged County Commissioner Coletta in the audience. The percentage of survey postcards returned by owners of improved property in Immokalee was 17.67%; of these, 70.82% were in favor of mosquito control. Commissioner Coletta said that voter turnout in Immokalee runs around 18%, so he felt that this was an acceptable response rate. CMCD staff conducted a number of activities to promote awareness of the proposed expansion by the District; these activities were summarized and included in packets. Commissioner Johnson commended staff on their thorough efforts to educate Immokalee residents. Dr. Van Essen said that at the present time he anticipates hiring one full-time staff member in Immokalee and possibly acquiring two ground vehicles; Commissioner Geroy reiterated staff's projected $250,000 annual budget for mosquito control services in the Immokalee area. Commissioner Coletta said CMCD is doing a great job in the recent Golden Gate Estates expansion areas and is looking forward to working with the Board in the future. Motion was made by Commissioner Brooker to proceed with the expansion in the Immokalee area effective October 1, 2003, as identified by the 34 sections, covering 21,760 acres, listed in Attachment IV of the expansion work plan memorandum from Director Hogan to Dr. Van Essen, dated October 23, 2002. Commissioner Geroy seconded the motion which was approved by all Commissioners present. Commissioner Brooker made the motion, seconded by Commissioner Johnson, that Dr. Van Essen and staff approach County staff as to the most expeditious way to place District expansion into, .-Ia~aokalee Commissioner°n the BCC meetingcolettaagendawas thankedf°r theirforapproval.his time. Motion was approved by all Commissioners presehl'.'~' FEB 5 2083 INSURANCE RENEWAL DISCUSSION: Ms. Kate Shrewsbury and Mr. Jim Meerpohl. of Marsh USA summarized the aviation insurance policy renewals. There was discussion about workers compensation (WC) insurance. The WC premium has been paid to AIG and the preexisting policy is in the process of being short rated. Ms. Shrewsbury said that after research she has determined there is little opportunity for stop loss insurance at this time and without such coverage does not recommend considering self insuring for WC. Commissioner Brooker has arranged a tentative meeting with Rep. Goodlette on January 28a'; she, Dr. Van Essen, Attorney Athan, and Ms. Shrewsbury will attend. Attachment IV Immokalee Sections/Townships/Ranges Sections Township Range 25,26,35,36 46S 28E 25,26,27,28,29,30,31,32,33,34,35,36 46S 29E 1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18 47S 29E Total: 34 Sections (21,760 acres) FEB 2 § 2OO3 EXECUTIVE SUMMARY PROVIDE A REPORT REGARDING WATER QUALITY OF WELLS IN GOLDEN GATE CITY. OBJECTIVE: To provide effective communication on matters that concern health, safety, and welfare. CONSIDERATION: Late last Fall, the Collier County Health Department received a report from Florida Governmental Utilities Authority (FGUA) that testing showed signs of coliform bacteria in its wells prior to treatment. The Health Department in cooperation with Pollution Control subsequently conducted several random tests of residential wells within Golden Gate City and found results indicating coliforms. A boil order notice was issued and extensive testing throughout the City was conducted to 1) determine what type of coliforms are in the water supply 2) determine if there is a root source. The latest results have indicated that there is not an immediate health, safety and welfare concern and the boil order has been lit~ed. The Department of Health in conjunction with County staff will present the details of the test studies to determine whether additional direction is warranted at this time. GROWTH MANAGEMENT: Golden Gate City is within the District Boundaries of FGUA and does not fall within the Utilities element of the Growth Management Plan. FISCAL IMPACT: There is no fiscal impact at this time. RECOMMENDATION: That the Board of County Commissioners accept this report. PREPARED BY: DATE: (J John Dunnuck, Public Services Administrator FEB 2 5 2003 EXECUTIVE SUMMARY PETITION CARNY-2003-AR-3726, MR. H.B. "BENNY" STARLING, JR., PRESIDENT, IMMOKALEE CHAMBER OF COMMERCE, REQUESTING A PERMIT TO CONDUCT A FAIR FROM FEBRUARY 26* THROUGH MARCH 9, 2003, AT 110 NORTH 1st STREET AND EAST MAIN STREET (S.R. 29) IN IMMOKALEE. OBJECTIVE: Mr. H.B. "Benny" Starling, Jr., President, Immokalee Chamber of Commerce, is requesting that the Board of County Commissioners approve a permit to conduct a fair from February 26t~ through March 9, 2003 at 110 North 1st Street and East Main Street (S.R. 29). The applicant is requesting a waiver of the surety bond. CONSIDERATIONS: Mr. H.B. "Benny" Starling, Jr., President, Immokalee Chamber of Commerce, made application to the Board of County Commissioners for a permit to conduct a fair. Mr. H.B. "Benny" Starling, President, Immokalee Chamber of Commerce, has presented evidence that all the criteria have been met for the issuance of this permit. Staff supports the waiver of the Surety Bond as there have been no previous problems related to clean up of the site after the fair. FISCAL IMPACT: N/A GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. RECOMMENDATION: That the Board of County Commissioners approve the permit to conduct the fair and waive the surety bond. PREPAI~D~ 1~ ~US~ 1HU-R[L~Y, AI~P CURKENT PLANNING MANAGER DATE ~/~?EWED BY: '~ MARG ~A~T WUERSTLE, AICP PLANNI~G SERVICES DIRECTOR APPROVED BY: ,~ J~SEPH K.~C~-IMITT, .~DMINISTRATOR OMMUNITY DEV. AND ENVIRONMENTAL SVCS. AC~J4DA I I'E}~ FEB 2 5 2003 CA R NY-2003-A R-3726 IMMOKALEE CHAMBER OF COMMERCE CARNIVAL OPERATION PETITION PETITION NO. PF. TITIONER'S NAME: ~-----,~ ~_~-.,,~,,t_ PETITIONER's ADDRESS: -~ 7. O ~v~ /_C' ~ PETITIONER'S E-MAIL ADDRESS: PROPERTY OWNER'S NAME: .~ PROPERTY OWNER'S ADDRESS: /J OWNERS'S E-M~rl. ADDRESS: LEGAL DESCR1TPION OF SUBJECT PROPERTY: DATE: :-~,/~ 1o X TELEPHONE: /o.T'7 o.~"z~ ~ FAX~ /,,~7 .~~ FAX~ GENERAL LOCATION: / I ~o /~/. ]~.~L ,~1~. ~/ m "~ ' f~ ' ZON G: f.0 "'NATVREO P .ITrIO : TI~E FOLLOWING INFORMATION IS INCLUDED IN THIS PETITION. (FOR EXPLANATION, SEE NEXT PAGE.) 3.a. 3.e.1) w/' 3.e.4). / 3.e.7), 3.b. 3.e.2) ~" 3.e.5). W// 3.e.8) 3.c. v/' 3.e.3). J 3.e.6) V'/ 3.e.9). 3.d. Comments: DATE REVIEWED by Board of County Commissioners: Approved: [-'] Disapproved: [--I Conditions of Approval: SIGNATURE OF COUNTY ADMINISTRATOR FEB 2 5 2003 2 COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION PLANNING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 02/07/2003 ATT: BENNY STALLING IMMOKALEE CHAMBER OF COMMERCE 720 N. 15TH ST. I1MMOKALEE, FL 34142 RE: Petition No. CARNY-AR-3726, Project # 2003020008 IMMOKALEE CHAMBER OF COMMERCE COUNTRY FAIR Dear Applicant: Please be advised that the above-referenced petition has been scheduled for the 2/25/03 meeting of of the of the Board of County Commissioners (BCC). The BCC meeting begins at 9:00 A.M. Both meetings will be held in the Board of County Commissioners Meeting Room, 3~d Floor, Administration Building, County Government Center, 3301 East Tamiami Trail, Naples, Florida. Should you have any questions about your petition, please contact the assigned planner noted below at 403-2400. Sincerely, Cecilia M~ln Plying Tec~ici~ cc: File Phone 1941) 403-2400 Fax (941) 643-6968 FEB 2 5 2(I(B Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt 385104 2/7/2003 2:24:54 PM 2/7/2003 AR 3726 Appl Name: IMMOKALEE CHAMBER OF COMMERCE Appl Stage/Status: REVIEW STAGE NO. 1/PENDING Address: 720 N. 15TH ST. IMMOKALEE FL 34142 Proj Name: IMMOKALEE CHAMBER OF COMMERCE COUNTRY FAIR Type: TAZ: 229 Subdiv Nbr: 919 Project Nbr: 2003020008 Payor: B HIVE FLOWERS Fee Information Fee Code Description 11CIRC FAIR & CIRCUS PERMITS GL Account 11313890034122000000 Total AmounttWaived $275.00 $275.00 Payment Code I CHECK J4855 Account/Check Number Payments Amount $275.00 Memo: Total Cash $0.00 Total Non-Cash $275.00 Total Paid $275.00t Cashier/location: MCCAULEYKATY / 1 User: SMITH_G Collier County Board of County Commissioners CD-Plus for Windows 95/NT Prir AGENDA ITEM CAR NY-2003-A R-3726 IMMOKALEE CHAMBER OF COMMP__.HCP-- pg., IMMOKALEE CHAMBER OF COMMERCE ~/Vhere Worlds of Opportunity Begin' .... H.B. "Benny" Stalling, Jr. Executive Director Phone: (239) 657-3237 Fax: (239) 657-5450 February 10, 2003 Cecilia Martin Collier County Planners 2800 N. Horseshoe Drive Naples, Florida 34104 Dear Mrs. Martin, The Immokalee Chamber of Commerce is requesting a permit for a Country Fair, from February 26 thru March 9, 2003 in lmmokalee. The Fair will run in conjunction with the Harvest Festival "2003" Block Party, March 8th and 9th. The Tolve Presentation Inc., group and the lmmokalee Chamber of Commerce volunteers will be responsible for cleaning up this event when it is over. We also have made some arrangements with the County to use the Weekenders Program Volunteers. With nil the volunteers for this event we would like to request a waiver for the $2,500.00 Surety Bond that is requested by Collier County. A letter from the President of Florida Community Bank, Raymond Holland will send a letter of credit and guarantee to the Board. We would appreciate anything you could do to waive the surety bond. Hope ali of you will come and join us for our 38th Annual Harvest Festival as we present: "THE TASTE AND SOUNDS OF IMMOKALEE'. 720 N. 15th St. Immokalee, FL 34142 www. immokaleechamber, org FEB 2 5 2003 CARNIVAL OPERATION PETITION TO BCC (EXCERPT FROM Ordiance No. 75-11, Filed SecretalW of State 3/6/75 3a. Letter enclosed 3b. Letter enclosed 3c. Check made to BCC for $ 275.00 3d. Permit enclosed ($125.00 Tolve Presentations, Inc.) 3e (1) Toive Presentations, Inc./Owner of Carnival 269 Orient Way Lyndhurtst, N.J 07071 305-975-8249 Stephen Tolve Immokalee Chamber of Commerce / Sponsor of Carnival 720 North 15th Street Immokalee, Florida 34142 239-657-3237 Benny Starling / Executive Director of ICOC Fred Gadston dba/Fred's Drive-Thru / Land Owner for Carnival 110 North 1st Street (Corner of Main Street (Hwy29) and N. 1st St. Immokalee, Florida 34142 Fred Gadston 239-657-2381 (2) Carnival Event Stephen Tolve- 135-60-2350 Fred Gadston - 445-40-4718 Benny Starling- 261-70-1300 (4) Tolve Presentations said lighting is not a problem with the lights They provide with the Carninal. Public Water will be furnished by Owner of the land, Fred Gadston / Fred's Drive-Thru. Parking Will be provided by land North of designated site. Sanit~ facilities will be provided from T & M Port-O-let Servic, FEB 2 5 2003 (5) Fl. The units will include 1-Handicap, 5 Men and 5 Women. (sheet is included in this report. Application is not required from ICOC. Tony Posa (1-800-226- 7359)from H & R in Ft. Myers said the Chamber does not have to have a Temporary Food Service Permit. If inspected he said that each vendor at the fair will have to buy permit ($105.00) or Tolve Presentations, Inc~ will purchase one for aH the operations at the Carnival. (6) (8) (9) Ed Gilman from the Florida Depart of Health (239-403-2499) said The ICOC did not have to have a permit, only Toive Presentations if they were holding sewage. Immokalee Disposal will be taking care of the garbage pick up service for the ICOC. Enclosed you will f'md a copy of what has been ordered. Lt. Mark Baker of the Immokalee Sub-Station will provide traffic Thru the local department. Diamond Securities (239-542- 1119..Denise) from Cape Coral will provide the security for each evening of the fair for a total of ten (10) days. Letter enclosed from fire marshall Leo Rodgers. The Tolve Presentation, Inc. Carnival will operate as follows. Feb. 26 .... 6 to midnight Feb. 27 .... 6 to midnight Feb. 28 .... 6 to midnight Mar. 1 ..... 12 noon to 1 a.m. Mar. 2 ..... 3 to midnight Mar. 3 ..... 6 to midnight Mai:. 4 ..... 6 tu mitlulghi Mar. 5 ..... 6 to midnight Mar. 6 ..... 6 to midnight Mar. 7 ..... 6 to midnight Mar. 8 ..... noon to 1 a.m. Mar. 9 ..... noon to midnight Letter included from property owner, Fred Gadston/Fred's Drive Thru to use his property for ICOC Carnival - 2003 Festival. ~ FEB 2 5 2003 (10) Legal Description of land used for the event: Block B- Lots -5-6-7-8-9-10-11-12-13-14-15-16-17-18-19 Less South 20' of Lot 9 thru 16 - Immokalee Sub Division Folio # 5119012001 Block B- Lots 17 & 18 Less Roadway Folio # 51190160003 Block B- Lots 19-20-21-22-23-24 Less South 20' Roadway Folio # 51190200002 FEB 2 5 2003 F£8 2 5 2OO3 IMMOKALEE FIRE CONTROL DISTRICT 502 F- NEW MARKET ROAD, IDflVIOKALEE, FLORIDA 34142 Febraaur 7, 2003 l~eference: Chamber of Commerce Harvest Festival Fair. 110 N. 1" St. February 26'~ through March 9'~, 2003 Benny Starling Chamber of Commerce 720 N. 15th St. Immokalee, Flo6cla Dear Benny Svarllng, I have reviewed the above referenced event location. The property is wirhi- the Immokalee Fire Control District's botmd~6ex Fire protection and inspection services will be provided in this area to the best of our ability. If you have any questions, feel fxee to call me at (941) 657-2700. Sincerely, Leo E Rodgers Fire Inspector GENERAL OFFICE (941) 657-2111 FIRE PREVENTION (941) 65%2700 FAX FEB 2 5 2003 (941) 657-9489 FRED'S DRIVE-THRU 110 NORTH 17t STREET IMMOKALEE, FLORIDA 34142 239-657-2381 February7,2003 Immokalee Chamber of Commerce 720 N. 15'~ SWeet Immokalee, Fl. 34142 Dear Benny, This is a letter to inform the Immokalee Chamber of Commerce of the charge for the property from February 26 thru March 9~' at a rate total of $1,500.00. The property that is being used fi-om me is Block B Lots 5 thru 16 of Immokalee Sub Division. Also Block B - Lots 17 thru 24 of Immokalee Sub Division. The address of the said property is 110 N. 1" Street and Comer of Main Street. Tolve Presentations, Inc. will provide a carnival for a 10 day period, and the Immokalee Chamber of Commerce will be the sponsor for the event. Insurance will be provided by Tolve Presentations and Immokalee Chamber of Commerce. If you have any other questions please feel free to give me a call. Sinqerely,./~ MTWr. i~A I~ FEB 2 5 2003 LA FAVORITA BAKERY, INC. 121 N. IsT STREET IMMOKALEE, FLORIDA 34142 239-657-2992 PABLO GRIMALDO February 7, 2003 Immokalee Chamber of Commerce 720 North 15th Street Immokalee, Florida 34142 Dear Mr. Starling, On behalf of myself and my family we would like to inform the Immokalee Chamber of Commerce that you may use our property for parking during the Fair and Harvest Festival 2003 event. Our property is located just north of Fred's Drive-Thru where you are having the Country Fair for 10 days. The North end of our property is at Oak Street and runs down North 1st Street to Fred's Drive Thru. We wish you ali the very best on your 38th Harvest Festival "Fiesta 2003'. Sincerely, Pabio Grimaldo FEB 2 5 2003 February 10, 2003 Immokalee Chamber of Commerce 720 N. 15th Street Immokalee, Florida 34142 Dear Mr. Starling This letter is to inform the Immokalee Chamber of Commerce and Harvest Festival Committee that we will be covering the Block Party on March 8th & March 9th as well as the Country Fair from Feb. 26th thru March 9m. We will work with the security that you provide as well as our deputies that are on duty during the said time and hours. Hours of the Country Fair are as follows: Feb. 26 .... 6 to midnight Feb. 27 .... 6 to midnight Feb. 28 .... 6 to midnight March 1..12 to lam March 2..12 to midnight March 3..6 to midnight March 4..6 to midnight March 5..6 to midnight March 6..6 to midnight March 7..6 to midnight March 8..12 noon to 1 am March 9..12 noon to midnight Ifwe can be of further help, please don't hesitate to give us a call. Sincerely, Lt. Mark Baker Immokalee Sub-Station AC~ENOA ITEM FEB 2 5 2003 Immohal~ Di~po;al ¢o, lmmokale~, F'I $4~ 4~ (~$~) ~$~-~7~ l~ebruary 4, 2003 lmmokalee Chamber of Commerce ?20 N 1.5°' Street Immokalee, FL 34142 To Whom It May Conccrn: This letter is to verify that garbage pick up service will be provided for thc following event: Immokelee Chamber Cirnivei Februar7 ?,6L~ thru March 9m 2003 Location: Corner of Main Street & 1"* Street Immokalee, Florida l~ontainer type & frequency: 20 Yard roil-off containers Picked up upon request If you have any questions, please contact me at the number shown above. Sincerely, Linda Collin~ FEB 2 5 2003 TOLVE PRESENTATIONS INC. CONTRACT ,~ ////..- and ~ per drf, Imf 110 Mdu for eech day, o~ the ev~. Also rxoof o~' ms~flce which J, Thl1111 Cldiblldlll llr Ill IllOll lll~ b Imrty d'lhe dim i)d't alft,~ m pay pal*fy m the ~ff llrCIB~ Of ~ mill lCill Ildd. PlI'MINT TO BE ll~O! AT TI~E CI.OS~ OJr F..4CH C)~Y'S B~USlNESS. AGENOA ITEM FEB 2 5 2003 Feb 04 ~'~ .... T - ~xs ~ CERTIFICATE OF LIABIILITY INSURANCE ! - -~.~- ~x 67008 ~ ............................................... ~Treamure Island, FL 31716-7008 .~::_a~237-3355 __... . . ~ L~a ~~_..Third ~neraCion t[m~ ...... . ~a.. ~neCicucion Drive ~~ . { ..... ~A~=l mm m m m m m m m M2MF[{}O 04/17/02i 04/1~/03[ ~.,~u., t' soo, ~o ~ ~ AWTO  :i~T~U ~ ,9 , , ' ~ ~ff~ AND lk I)~{,I, MII- IN~IdI~Y b u ri' Effec=tve from 2/23/03 A~i~iona/ In~ured: FRED GASTON Chrough 3/11/03 OID [i[1 J~AbU~ ~l'l'K~b ~UUI/UUI T ~. M Portable Rcstrooms, Inc. PO Box 610 LaBell¢. FL 33975 8(~3-675-164~ 866-770-4271 (tnl) ~ree) Bill To: IMMOKALEE IMMOKALEE CHAMBER OF COMMERCE 720 N. 15TH STREET IMMOKALEE, FL 34142 Quote N'umber: EIO] Date. February 04, 2003 Sh~ To: · NET 10 DAYS PO Number l£em i Description ADA UNIT MEN SINGLE t WOMEN SINGLE Quanuty, 5.00 ti 5.00: Unil$ reserved for Harvest Festival Fair on February 26 - March 9, Price inciucta= clelivery, set up, pickup ancl 7 servicings. Sales R~p Price; Tax 1 200.00. ~ 100.00' ~ 100.00 ~ ~' Amount 200.00 500.00 ,RECEIVED BY Sub-Total Total $1~00.00 $1,272.00 FEB 2 5 2003 I I I I I I I I / .~ ~33~LS pu: 'N I CARNY-2003-AR-3726 IMMOKALEE CHAMBER OF coMMERCE FEB 2 5 2003 p~.~© STATE OF FLORIDA: COUNTY OF COLLIER: Permit No. PERMIT FOR CARNIVAL EXHIBITION WHEREAS, Mr. H.B. "BennyM Starling, Jr., President, of the Immokalee Chamber of Commerce, has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct a fair; and WHEREAS, Mr. H.B. "Benny" Starling, Jr., President of the Immokalee Chamber of Commerce, has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct a fair as set forth in Chapter I0, Article 11, Amusements and Entertainments, of the Collier County Code have been satisfied and that such fair exhibition will be conducted according to lawful requirements and conditions; and WHEREAS, said Mr. H.B. "Benny" Starling, Jr., President of the Immoaklee Chamber of Commerce has requested a waiver of the Surety Bond; NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED to the Immokalee Chamber of Commeme, to conduct a fair from February 26th through March 9, 2003, in accordance with the terms and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for the following described property: (See attached Exhibit "A") The request for xvaiver of Surety Bond is hereby approved. WITNESS my hand as Chairman of said Board and Seal of said County, attested by the Clerk of Courts in and for said County this.~ day of 2003. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA: Approved as to Form and ,..~__~_~_~].1 Suffil:i~n'cy:px ,.- Assist~t County Attorney TOM HENNING, CHAIRMAN FEB 2 5 2003 (10) Legal Description of land used for the event: Block B- Lots -5-6-7-8=9-10-11-12-13-14-15-16-17.18_19 Less South 20' of Lot 9 thru 16 - Immokalee Sub Division Folio # 5119012001 Block B- Lots 17 & 18 Less Roadway Folio # 51190160003 Block B- Lots 19-20-21-22-23-24 Less South 20' Roadway 'Fotio # .~ii90200002 ...... Exhibit "A" FEB 2 5 2003 EXECUTIVE SUMMARY REQUEST TO SUBMIT A GRANT APPLICATION FOR $200,000 UNDER THE FLORIDA ECONOMIC DEVELOPMENT TRANSPORTATION FUND PROGRAM ON BEHALF OF MARCH PERFORMANCE, PURSUANT TO s.288.106, FLORIDA STATUTES; AND PROVIDING ADMINISTRATIVE SUPPORT AS LOCAL PARTICIPATION IN THE PROGRAM. OBJECTIVE: Approve a request for a State of Florida Economic Development Transportation Fund Program grant application for $200,000 to help pay for intersection improvements and road construction into the proposed Research and Technology Park in North Naples on behalf of March Performance. CONSIDERATION: March Performance currently has its corporate headquarters in Michigan. The company is expanding its operations and is considering sites in Florida as well as their home state. March Performance is a family-owned and operated company that designs and manufactures high performance auto parts. The firm has grown 15-30% in the past ten years, and employs 45 people at its current location. The proposed Collier location would be their new corporate headquarters creating 40 new jobs, including a research and design component. FISCAL IMPACT: As no local match is required, there is no fiscal impact. In addition, the developer has agreed to assume responsibility of road design, engineering and construction as well as any cost overruns and future maintenance. Transportation Division staff has been made aware of this application, and the County's Grants Coordinator has reviewed it. The Economic Development Manager will administer the grant funds, which could entail approximately ten hours per month. JUSTIFICATION: The direct local economic impact of this project is estimated to be $5.88 million within one year of project completion, plus an additional $49,971 in new ad valorem taxes collected annually (based on 2001 millage rate, not including land value). Without the financial incentive, the company will most likely not be able to locate its operations to Collier County and may make the decision to locate elsewhere. GROWTH MANAGEMENT IMPACT: March Performance is a high wage and high tech industry employer, which will help to achieve the goals of the Economic Diversification Program approved by the Board in January 1997. RECOMMENDATION: The Board of County Commissioners permit staff to submi attached grant application for March Performance under the Economic Development Transportation Fund Program, and authorize the Chairman to sign the application and cover letter. 'the AC~A~ ~ tttached FEB 2 5 2003 Helene'(~aseltine, CEcD~ Econ. De~.-l~anager Community Services Dept. Randall Cohen, Manager Community Redevelopment Section //Joseph K~ Schmitt, Adn~inistrator Co ,n'/n?~.xnity Development and Environmental Services DATE: DATE: DATE: DATE: ~/i.2/~'._g FEB 2 5 2003 Donna Flala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 3301 East Tamiami Trail · Naples, Florida 34112 - 4977 (239) 774-8097 · Fax (239) 774-3602 February25,2003 Ms. Alberta Simmons Enterprise Florida 325 John Knox Road, Suite 201 Tallahassee, FL 32303 Dear Ms. Simmons: Enclosed is a completed Economic Development Transportation Fund application, submitted by the Collier County Board of County Commissioners, on behalf of March Performance, a manufacturer and designer of high-performance auto parts. March Performance is giving serious consideration to a parcel in the proposed Research and Technology Park in North Naples, making this site the new location for its corporate headquarters and Research & Development/manufacturing facility. March Performance would be the first anchor tenant in the Park and, at this point, the firm is not considering any other sites in Florida for their relocation. The company is also contemplating sites in their home state of Michigan, which is offering tax abatements and other tax credits. There currently is no access to the parcel the client is considering in North Naples, and there are no immediate plans within the County's transportation work plan to accommodate the company's needs. The proposed roadway will end in a cul-de-sac up to the company's property line. As required by the grant program, we've also attached a copy of the USGS map showing the location of the Research and Technology Park and the proposed project area. The County's contribution to this project will consist of "Fast-Tracking", or expediting, the permit application process both locally and on a state level if necessary. If not for the incentives available through the State of Florida, in addition to our local Fast-Track Permitting program, March Performance would not locate to Collier County. The direct economic impact for this project is approximately $2.1 million per year in addition to the company's initial investment of $3.7 million. The company anticipates hiring 40 new employees at an average annual wage of $54,570, which is 185% of the average wage for Collier County. According to the Florida Agency for Workforce Innovation, the average unemployment rate for Collier County in 2001 FEB 2 5 2003 Ms. Alberta Simmons February 25, 2003 Page two was 3.9%. A manufacturer of this stature will go a long way to help diversify the local and regional economy plus boost the incomes of our local residents. If you have any questions or need additional information, please call Helene Caseltine, our Economic Development Manager, at 239-403-2398. Thank you very much for your consideration. Sincerely, Tom Henning, Chairman Board of County Commission c: Economic Development Council of Collier County Collier County Planning Services/Redevelopment Section Enclosures TH/hc FEB;5 2003 RCH PERFORMANCS 6020 Hix Road · Westland, MI 48185 - 734-729-8070 - FAX 734-729-9075 02/06/03 Alberta Simmons Enterprise Florida 325 $ohn Knox Rd. #201 Tallahassee, FL 32303 March Performance is a manufacturer and designer of precision automobile parts currently located in Westland, Michigan. We manufactur~ pulleys, brackets, serpentine conversions and other automobile parts for the performance and show car market. Our business has been successfully growing at a rote of 15% per year with no down turns in the last twelve (12) years. In order to maintain and increase production of our current business level, we must expand our facility. It is our understanding that the State of Florida has the Econom/c DeveloPment Transportation Pund (Road Fund) program through Enterprise Florida and the Governor's Office that provides assistance to offset the cost of roads as an inducement for businesses to expand and relocate to Florida. March Performance would appreciate your support in pursuing the Road Fund grant for the creation and improvement of the roads required by our proposed site. The Road Fund incentive is absolutely necessary for this road issue to be resolved in order for us to proceed with our project. At th/s moment, we are not considering any other Florida site. March Performance is interested in the North Naples Research and Technology Park, which is located at off Old High Highway 41. Currently, there are no existing roads to enter the proposed site. The Road Fund will provide the creation of offsite turn-lanes and road access for employees and trucks to the proposed facility. Approval of this road grant will allow March Performance to create forty (40) new jobs in Collier County, Florida at an average wage of $54,570, which is 80% higher of the current average wage. March Performance's initial capital investment is estimated at 3.05 million. We appreciate your consideration and eagerly wait for your response. Sincerely yours, Mr Kim March President FEB 2 § 2003 STATE OF FLORIDA ECONOMIC DEVELOPMENT TRANSPORTATION FUND APPLICATION Collier County_ Unit of Government Or Public Authority ("Applicant") on behalf of March Performance Business Name FOR EFI USE ONLY Date Received Date Completed Project Number Telephone: #EDTF04 (effective danuary, 2001) Submit Application To: Enterprise Florida Attn: Alberta Simmons Economic Development Transportation Fund Program The Atrium Building, Suite 201 325 John Knox Road Tallahassee, Florida 32303 (850) 922-8737 Fax: (850) 922-9595 Monday, February 10, 2003 FEB 2 5 2603 Application Instructions e Please carefully review all application materials. It is suggested that you contact Enterprise Florida at the address below to discuss your project and application before submitting a formal proposal. Each application must be accompanied by the following: A. A letter from the applicant, signed by the chief elected official, to include: · Certification that the transportation project is not scheduled by the appropriate transportation planning organization during the company's desired time frame, · Estimated capital investment by the company, · Reasonable estimate of projected employment to be created and/or retained by the company, · Reasons the transportation project is needed to support that employment, · Description of company's primary activity and type of facility being planned, and · Statement of impact on local and/or state economy. A letter from the company on whose behalf the application is being submitted. The letter must be on company letterhead and include: · A statement of existing or anticipated transportation problem which constitutes an impediment to plans and that the problem will be solved by this project, · Amount of capital investment to be made by the company for new or expanding facilities, · Number of full-time permanent positions to be created or retained, · Average hourly wage (excluding benefits) of the jobs to be created or retained. · Description of primary business activity, · Identification of market area served. Additionally, (1) For a new facility locating in Florida, the letter must be signed by the President, CEO, COO, or Senior VP of Florida Operations and also include: · Statement of intent to locate in Florida and that only one Florida site is being considered requiring EDTF. · Statement of other sites outside of Florida that are being considered. Specifically, identify other states or countries outside of Florida that are being considered, and provide a summary of incentives other states have offered. · Statement of type of business facility or business activity being planned for Florida location. (2) For a company expanding in Florida, the letter must be signed by the manager of the existing facility and also include: · Statement of the planned expansion and the expansion will not occur if the transportation improvements are not made. · Statement that only one Florida site is being considered requiring EDTF. (Pursuant to 288. 063, F.$., EDTF funds cannot be used to induce a company to locate from one Florida community to another community in the state unless the Office of Tourism, Trade, and Economic Development determines that without such relocation the business will move outside this state or, that the business has a compelling economic rationale creates additional jobs. Company must provide rationale in its #EDTF05 (effective January, 2001) -ii- FEB 7. 5 7. 3 q o · Statement of other sites outside of Florida that are being considered. Specifically, identify other states outside of Florida that are being considered, and provide a summary of incentives other states have offered. (3) For a company expanding and remaining at its present location in Florida, the letter must be signed by the manager of the existing facility and also include: · Statement that no other Florida site is being considered, and the expansion will not occur if the transportation improvements are not made. · Statement that the company will remain at its present location if the transportation problem is alleviated. (4) For a company remaining at its present location in Florida, but not creating any new jobs or making any capital improvements, the letter must be signed by the manager of the existing facility and also include: · Statement that no other Florida site is being considered, and the facility will close or locate to another state if the transportation improvements are not made. · Statement that the company will remain at its present location if the transportation problem is alleviated. · Provide number of existing permanent full-time employees, · Provide average hourly wages, excluding benefits. C. A 1:24,000 (1 inch = 2,000 feet) U.S.G.S. quadrangle sheet which shows the transportation project and the company's location site; and a small sketch or diagram (no more than 9 ~A by 14) showing all existing transportation facilities in proximity to the business project (clearly labeled), the business project property boundaries, the general outline of the facility(s) within the property (existing and proposed), all existing transportation entry points, and the proposed transportation project (clearly designated as the proposed project). The diagram need not be professional, and the scale may be rough, but it should be in sufficient detail to present the observer with a clear understanding of the current situation and the proposed project. Any information and documentation that cannot be supplied in the space provided on the application form should be placed in a notebook or other presentation format. The material should be indexed, tabbed, or labeled with the number of the relevant question from the application form. The completed and signed original application and seven (7) copies must be filed with: Enterprise Florida Atto: Alberta Simmons Economic Development Transportation Fund Program The Atrium Building, Suite 201 325 John Knox Road Tallahassee, Florida 32303 Telephone: (850) 922-8737 Fax: (850) 922-959 5. IMPORTANT NOTE: EDTF Funds must be approved by OTTED t~ri company making its final decision to locate, expand or remain in Fl, -ii- #EDTF05 (effective January, 2001) iTEM FEB 2 5 2003 ECONOMIC DEVELOPMENT TRANSPORTATION FUND APPLICATION OFFICE OF TOURISM, TRADE, AND ECONOMIC DEVELOPMENT Applicants are advised that this application must be submitted in accordance with the provisions of Florida Statutes, Section 288.063, and the Office of Tourism, Trade, and Economic Development's Economic Development Transportation Fund Guidelines. APPLICANT Government Applicant: Collier County Government Federal Employee Identification Number: 59-6000558 Name of Primary Contact: Helene Caseltine Title: Economic Development Manager of Collier County Address: 2800 North Horseshoe Drive Naples FL 34104 II. (City) (State) (Zip) Telephone: (239) 403-2398 Fax: (239) 213-2916 COMPANY PROVIDING EMPLOYMENT (only one company may be listed) Company: March Performance Primary Contact: Kim March Title: President / Owner Address: 6020 Hix Road Westland MI 48185 (City) Telephone: (734) 729-9070 Principal Business Activity: SIC Code Number: 3568 (State) (Zip) Fax: (734) 729-9075 Manufacturing of high precision automobile parts Type of Facility: New Location ( X ) Expansion Date Construction Will Begin: Au[~st 2003 Date Company will be in Operation: March 2004 Estimated Square Feet of Facility: 40,000 sq. ft. of Existing ( ) Retention ( ) #EDTF05 (effectWe January, 2001) -3- FEB 2 5 2003 III. Full-time Employment Generated/Retained: New 40 Retained (Grant request should not exceed $5,000 per job. Grants exceeding $5,000 per job may be approved when the project occurs in an economically distressed community and a further waiver of this guideline may be granted pursuant to the EDTF Program Guidelines.) New Capital Investment Generated: $3.05 million Briefly Describe the Facility (New or Existing) or the Expansion: March Performance is currently located in Westland, Michigan, and is considering the construction of a 40,000 square foot facility in Collier County, Florida. This new facility will include space for its manufacturing operations and office space for management. March performance is owned and managed by Kim and Craig March and the Florida location would be their new corporate headquarters. The company designs, manufactures and markets high-performance, precision auto parts. March Performance will create 40 new jobs in a targeted industry for Collier County and Florida within the first two years after relocating to Florida. These 40 new jobs will have an annual average wage of $54,570.00, which is 85 percent higher than Collier County's average wage of $29,553. TRANSPORTATION (Attach a rough site plan with facility in relation to the requested transportation improvements.) A. Briefly describe the transportation problem that is an impediment to the company described above and give its importance to the company's decision. Currently, there are no existing roads within the proposed site. The Road Fund will give the opportunity to March performance to fund the required infrastructure in order for them to make their final decision to relocate to Collier County. B. Briefly describe the transportation project that will alleviate the transportation problem. The construction of the proposed road and offsite turn lanes will provide access to the site. #EDTF05 (effective January. 2001) FEB 2 5 2003 Co IV. # E D TFO.S Estimated Cost of the Transportation Project: Construction: $170,225.15 Right-of-Way: * $ · Right-of-Wa), cost may be used as matching dollars if acquisition is requiredf.'om a thirdparty in order to construct the transportation facility. Design & Engineering: $ 35,000 TOTAL COST: $ 205,225.15 D. Transportation Project Funding Sources: City: $ County: $ Company:. $ Other: $ 5,225.15 Please specify: The developer will be responsible for any cost over-runs Request from the Economic Development Transportation Fund ($2,000,000 maximum): $ 200,000 TOTAL COST: $ 205,225.15 (NOTE: The total costs must equal the sum in items C and D) E. Estimated Number of Days To Construct the Transportation Project: It is estimated that it will take approximately 4 months to construct the proposed road and tUrn lane improvements. PROJECT LOCATION A. Located in an Enterprise Zone? Yes X No B. Located in the Target Area of a Community Development Corporation? Yes X No Co D. E. F. G. H. (effective January, 2000 Located in a Front Porch Community? Yes X No Located in a REDI County?' Yes X No County population of 75,000 or less? Yes X No City population of 10,000 or less? Yes X No City population over 10,000 but less than 20,000? Yes X No Located on Brownfield Site or in a Brownfield Area? Yes -5- OAGENDA ITEM ,.-., FEB 2 5 2003 V. SELECTED ECONOMIC INDICATIONS A. Unemployment Rate of the local unit: 3.9%, average unemployment rate for 2001 Identify local unit (e.g., county, city, census tract) Collier County State Rate .4.8%, average unemployment rate for 2001 Information Source and Date of Source: Florida Agency for Workforce Innovation,. _March_,..2002 B. Per Capita Income of the local unit: $40~121 Identify local unit (e.g., county, city, census tract) Collier County State Per Capita Income $27,764.. Information Source and Date of Source: Bureau of Economic Analysis, May 2002 C. Poverty Rate of the local unit: 10.3% Identify local unit (e.g., county, city, census tract) Collier County State Rate ~12.5% Information Source and Date of Source: 2000 Census, U.S. Census Bureau. IMPORT/tNT NOTE: Only Creditable Government Sources can be accepted e.g., Latest U.S. Census Data, or Florida Statistical Abstract Data, or Florida Department of Labor and Employment Security Data. VI. OTHER CONSIDERATIONS A. Is the adopted local government comprehensive plan for the jurisdiction in compliance with Chapter 163, Part II, Florida Statutes? X Yes ~ No If not, what is the expected time frame for compliance? B. What is the Future Land Use Map designation for the business facility state? Commercial and Multi-F_amily, however, the developer is in the process of re-zoning the property to Research and Technology Park zonin$. Are the transportation project and business facility consistent with the adopted local government comprehensive plan? ~ Yes X No If not, describe the inconsistency and give the time frame for amending the plan: The proposed site is currently zoned for Commercial and Multi-family, Residential; however, on January 2003 a request for rezone and plat were submitted for county review under the Research and Technology Park zoning. Do for transportation facilities? If so, explain: Does construction of the business facility trigger concurrency requirements other than Yes ~- xT~ _ "_._ .~.,~A CrEM I -6- #EDTF05 (effective January, 2001} FEB 2 5 2003 Eo Does construction of the business facility trigger concurrency requirements for transportation facilities? ~ Yes X No If yes, what transportation management alternatives have been considered? Go Does the adopted plan include an Economic Development Element? Yes No X Is the applicant's transportation project linked to other publicly funded economic development programs? If so, how does it further those efforts? Yes. March Performance has applied to receive the Florida Qualified Target Industry Tax Refund (QTI). There are numerous costs associated with relocating the company to Collier County such as capital expenditures for real and personal property, operational costs and training expenditures that will be incurred. Tax incentives are a key tool for controlling costs, especially up-front, start up and relocation costs that directly affect a company's cash flow and earnings. The Qualified Target Industry Tax Fund Program will help alleviate some of the up from costs and will allow the company to maximize its cash flows and earnings. The QTI and Road Fund incentives are paramount for March Performance to consider the relocation decision. Without these incentives, the company will not be able to afford to relocate to Collier County. The QTI and Road Fund incentives would help induce the creation of 40 new high wage jobs in Collier County in one of Florida's targeted industries and consolidate the company's functions as a corporate headquarters and manufacturing operations. The jobs created will pay an average wage of $54,470, which is 85% above Collier County's average wage of $29,553. Will low to moderate income workers be eligible for employment within this facility? Yes X No If not, why not? I. What role will the transportation project play in the decision of the business to locate, expand, or remain in this state? March Performance's decision to relocate to Collier County is contingent upon the approval of the Road Fund, since the program will aid in the construction of the road for employees and trucks to access the proposed site. -7- #EDTFO$ (effecth, e January, 2000 FEB 2 5 2003 n. 12> J. Is there documented competition for this project? X YES NO (Check all that apply.) IMPORTANT NOTE: If there is no documented competition, the project is not eligibl~ State(s) Michigan ; ' Summarize Incentive(s): Investment Tax Credit, Property Tax Abatement Program. Country(ies) Summarize Incentive(s): Florida Community(ies) Summarize Incentive(s): VII. PROJECT INFORMATION Location of Project (Provide Road Number, if applicable): U.S. State County Collier City Party responsible for maintenance and upkeep: State County City *Other X (If more than one is applicable, please indicate.) * Currently, the party responsible for maintenance of road is the developer; however, an association will be form to maintain the roads in the furore. Total Length of Project: 900 fi Is there an alternative that would provide more cost effective access to the project? Yes X No Are there any additional traffic impacts? X Yes ~ No If yes, does the project provide for additional impact? X Yes ~ No The project will increase traffic to the road; however, by constructing the mm lanes the traffic will flow easily by providing access to and from the proposed site. It' no, please explain: VIII. TRAFFIC IMPACTS FOR PROJECTS INVOLVING STATE HIGHWAYS ONLY Number of Cars 2. AM Peak Hour Inbound Cars Outbound Cars 3. PM Peak Hour Inbound Cars Outbound Cars #EDTFO§ (effective January, 2001) Traffic generation estimates (in number of vehicles daily): N/A a.m. to p.m. to ~ Number of Trucks a.m.---~dicate Number of.' N/A Inbound Trucks Outbound Trucks p.m.--Indicate Number of: N/A Inbound Trucks Outbound Trucks -8- FEB 2 5 2003 IX. SIGNATURE: If this application is for a city road, the city must agree to maintain the road. If a county road is involved, the county must agree to maintain the road. This will be stipulated in all contracts involving expenditure of the Economic Development Transportation Fund. DOT form on Page 10, letter bom applicant, letter from the benefiting company and a map showing the relationship of the facility to the transportation project must accompany this application. Please type: ~Name) (Title) Signature: (Signature must be that of an elected city or county official) Specific Authority 288.063, 120.53 (1) (a), F. S. Laws Implemented 288.063, 120.53 (1) (a) #EDTF05 (effective January, 2001) -9- FEB 2 5 2003 · .'-ti' : · USG8 LOCATION MAP INDUSTRIE~ SITE f .i~ COLMER COUNTY EXECUTIVE SUMMARY APPROVE AN AGREEMENT TO ACCEPT AN ARTIFICIAL REEF GRANT FROM THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION. OBJECTIVE: To enhance the County's Artificial Reef Program by creating five new artificial reefs off Marco Island. CONSIDERATION: The Florida Fish and Wildlife Conservation Commission has offered Collier County a $25,000 grant for FY 02/03. The funds will be used to place material at an artificial reef site in Collier County. Staff will to create five new reefs within the Marco Island 9 and 12 mile reef sites with the grant funds. FISCAL IMPACT: Staff budgeted $25,000 in the Artificial Reef cost center based on past grant awards. The County also budgeted an additional $25,000 from boaters registration fees for the reef program. With the grant award, staff will spend $50,000 for artificial reef construction in FY 02/03. GROWTH MANAGEMENT IMPACT: The grant money will support Objective 7.1 of the Conservation and Coastal Management Element of the County Growth Management Plan. RECOMMENDATION: That the BCC authorize the Chairman to sign the agreement for the $25.000 Florida Fish and Wildlife Conservation Commission grant. SUBMITTED BY: "" ("-~ ~ Date: Douglas/~."S~or, Sen-"fbr ~, iron~ental Specialist' REVIEWED BY: ~ ~'~,-~..~~~1/ Date: ~1o ~1' ~-,~ W i*~/~°re ~'z,~~/" ' D.~.~c/t'gr' ~;~vir°n me~-ai''~~ ~epart meat APPROVED BY: / ~ Joseb. h K. Schmitt; CDES Administrator Co~n~nity Devel~)pment & Environmental Services FEB 2 5 2003 FWC Grant No. 02101 COLLIER COUNTY ARTIFICIAL REEF CONSTRUCTION PROJECT THIS GRANT AGREEMENT is entered into by and between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter "COMMISSION", and the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is 3301 East Tamiami Trail, Building H, Naples, FL, 34112 hereafter "GRANTEE". NOW THEREFORE, the COMMISSION and the GRANTEE, for the considerations hereafter set forth, agree as follows: DUTIES OF THE GRANTEE 1. Scope of Services The GRANTEE shall perform the services and specific responsibilities as set forth in Attachment A, entitled "Scope of Services", attached hereto and made a part hereof. 2. Contractor Eligibility The GRANTEE shall be licensed as necessary to perform under this Grant Agreement as may be required by law, rule, or regulation, and shall provide evidence of such compliance to the COMMISSION upon request. TERM OF AGREEMENT 3. This Agreement shall begin upon execution by both parties and end on June 30, 2003, inclusive. In accordance with Section 287.058(2), Florida Statutes, the GRANTEE shall not be eligible for reimbursement for services rendered pr[or to the execution date of this Agreement nor after the termination date of the Agreement. COMPENSATION 4. As consideration for the services rendered by the GRANTEE under the terms of this Agreement, the COMMISSION shall pay the GRANTEE on a cost reimbursement basis in an amount not to exceed $25,000. PAYMENTS 5. The COMMISSION shall pay the GRANTEE for satisfactory service upon submission of invoices, accompanied by required reports or deliverables, and after acceptance of services and deliverables in writing by the COMMISSION's Contract Manager. Each invoice shall include the FWC Grant N the GRANTEE's Federal Employer Identification (FEID) Number. An original and two (2) co invoice shall be submitted. The COMMISSION shall not provide advance payment. All bills f¢ Page 1 of 8 ies f the / FEB 2 5 ?.003 due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. Invoices for reimbursement shall be submitted following successful completion of the artificial reef project described in Attachment A, Scope of Services. 6. No Travel expenses, are authorized. 7. The GRANTEE shall be compensated on a cost reimbursement basis in accordance with Comptroller Contract Payment Requirements as shown in the Department of Banking and Finance, Bureau of Auditing, Voucher Processing Handbook, Chapter 4., C., 1. (attached hereto and made part hereof as Attachment B). 8. For Agreements whose term extends beyond the State fiscal year in which encumbered funds were appropriated, the State of Florida's performance and obligation to pay is contingent upon an annual appropriation by the Legislature. 9. Invoices, including backup documentation, shall be submitted to: Jon Dodrill, Natural Sciences Manager III Florida Fish and Wildlife Conservation Commission Division of Marine Fisheries For U.S. Postal Service Mail: 620 South Meridian Street, Box MF-MFM Tallahassee, Florida 32399-1600 For courier service: 2590 Executive Center Circle East, Suite 203 Tallahassee, Florida 32301 TERMINATION 10. This Agreement shall terminate immediately upon the COMMISSION giving written notice to the GRANTEE in the event of fraud, willful misconduct, or breach of this Agreement. 11. Either party may terminate this Agreement by giving written notice to the other party specifying the termination date and justification for termination, by certified mail, return receipt requested, at least forty-five (45) days prior to the termination date specified in the Agreement. TAXES 12. The GRANTEE 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 term of this Agreement. NOTICE 13. following addresses: Unless a change of address is given, any and all notices shall be delivered to the parties at the GRANTEE Doug Suitor, Sr. Environmental Specialist Collier County Natural Resources 3301 East Tamiami Trail, Bldg H Naples, Florida 34112 941.732-2505 dou.qsuitor~.collier,qov.net Page 2 of 8 COMMISSION Keith Mille, Fisheries Biologist IV FWCC Division of Marine Fisheries 620 South Meridian St., Box MF-MFM Tallahassee, Florida 32399- 850.922.4340 x207 keith.mille~,fwc.state.fl.us 600 ,a~,D~A ITJ[M,-- · FEB 2 5 2003 AMENDMENT OR MODIFICATION 14. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and lawfully executed by the parties. The COMMISSION may at any time, by written order designated to be a Modification, make any change in the work within the general scope of this Agreement (e.g. specifications, schedules, method or manner of performance, requirements, etc.). However, all Modifications are subject to the mutual agreement of both parties as evidenced in writing. Any Modification that causes an increase or decrease in the GRANTEE's cost or the term of the Agreement shall require a formal amendment. RELATIONSHIP OF THE PARTIES 15. The GRANTEE shall perform as an independent agent and not as an agent, representative, or employee of the COMMISSION. 16. The GRANTEE 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. 17. The parties agree that there is no conflict of interest or any other prohibited relationship between the GRANTEE and the COMMISSION. INSURANCE REQUIREMENTS 18. To the extent required by law, the GRANTEE will either be self-insured for Worker's Compensation claims, or will secure and maintain during the life of this Agreement, Worker's Compensation Insurance for all of its employees connected with the work of this project. If any work is subcontracted, the GRANTEE shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter°s employees unless such employees are covered by the protection afforded by the GRANTEE. Such self-insurance program or insurance coverage shall comply fully with the Florida Worker's Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under the Worker's Compensation statutes, the GRANTEE shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the COMMISSION, for the protection of his employees not otherwise protected. 19. The GRANTEE, as an independent contractor and not an agent, representative, or employee of the COMMISSION, agrees to carry adequate liability and other appropriate forms of insurance. The COMMISSION shall have no liability except as specifically provided in this Agreement. CANCELLATION UNDER CHAPTER 119~ FLORIDA STATUTES 20. This Agreement may be unilaterally canceled by the COMMISSION for refusal by the GRANTEE 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 GRANTEE on conjunction with this Agreement. RECORD KEEPING REQUIREMENTS 21. sufficiently and properly reflect all direct and indirect costs of any nature expended in the perforrr this agreement, in accordance with generally accepted accounting principals. The GRANTEE s~ the COMMISSION, the State, or other authorized representatives, access to periodically inspect, The GRANTEE shall maintain accurate books, records, documents and other evidence that Page 3 of 8 ~nc~ of , 'evieN~~ FEB 2 5 Z003 or audit such documents as books, vouchers, records, reports, canceled checks and any and all similar material. Such audit may include examination and review of the source and application of all funds whether from the state, local or federal government, private sources or otherwise. These records shall be maintained for five (5) years following the close of this contract. In the event any work is subcontracted, the GRANTEE shall require each subcontractor to similarly maintain and allow access to such records for audit purposes. LIABILITY 22. 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 provisions of Section 768.28, Florida Statutes. NON-DISCRIMINATION 23. 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 Agreement. PROHIBITION OF DISCRIMINATORY VENDORS 24. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. NON-ASSIGNMENT 25. This Agreement is an exclusive agreement for services and may not be assigned in whole or in part without the written approval of the COMMISSION. PERFORMANCE AND REMEDIES 26. The GRANTEE shall perform the services in a proper and satisfactory manner as determined by the COMMISSION. 27. It is understood by the parties that remedies for damages or any other remedies provided for herein shall be construed to be cumulative and not exclusive of any other remedy otherwise available under law. SEVERABILITY AND CHOICE OF VENUE 28. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be ,., proh bited or invalid under applicable law, such provision shall be ineffective to the extent of ;uch AGENpA_ ~ without invalidating the remainder of such provision or the remaining provisic ~s Of No.~ prohibition or invalidity, FEB 2 5 2003 Page 4 of 8 I:~. ''~ , this Agreement. Any action in connection herewith, in law or equity, shall be brought in Leon County, Florida. NO THIRD PARTY RIGHTS 29. The parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges or interest to any third party. JURY TRIAL WAIVER 30. As consideration of this Agreement, the parties hereby waive trial by jury in any action or proceeding brought by any party against another party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. DIVISION OF MARINE FISHERIES REQUIREMENTS 31. The GRANTEE agrees to follow all requirements of Section 287.057, Florida Statutes, for the procurement of commodities or contractual services under this Agreement. The GRANTEE will obtain a minimum of two written quotes for any subcontracts required for Agreements in the amount of $30,000 or less, and the GRANTEE will publicly advertise and send bid specifications to a minimum of five (5) potential subcontractors for any subcontracts required for Agreements in excess of $30,000. 32. The use of a vendor registered with the Statewide Negotiated Agreement Price Schedule (SNAPS) does not preclude the GRANTEE from the requirements of Paragraph 31. 33. The GRANTEE shall include Attachment A (Scope of Services) verbatim in all bid specifications. All bid specifications must be approved, in writing, in advance by the COMMISSION's Contract Manager, prior to public advertisement or distribution. 34. The GRANTEE shall submit bid specifications to the COMMISSION's Contract Manager for approval within ninety(90) days following the execution date of this Agreement. 35. Any request to use a sole source vendor by the GRANTEE must be requested and justified in writing and approved by the COMMISSION's Contract Manager prior to awarding a sole source subcontract under this Agreement. 36. A summary of the vendor replies and recommended subcontractor must be sent by the GRANTEE to the COMMISSION's Contract Manager for written approval prior to the awarding of any subcontracts under this Agreement. 37. The GRANTEE shall include this entire Agreement and all attachments in all subcontracts issued as a result of this Agreement. All such subcontracts in excess of $5,000 shall be in writing. 38. The GRANTEE agrees to acknowledge the role of the Federal Aid in Sport Fish Restoration Program funding in any publicity related to this Agreement. 39. The GRANTEE agrees to provide the COMMISSION with a minimum of five (5) days notice for any artificial reef construction that occurs as a result of this Agreement. 40. The GRANTEE agrees to follow all provisions of Section 370.25, Florida Statutes and Rule 68E- 9, Florida Administrative Code during the term of this Agreement. Page 5 of 8 FEB Z 5 200 J 41. The GRANTEE agrees to comply with all applicable federal, state, and local statutes, rules and regulations in providing goods or services to the COMMISSION under the terms of this Agreement; including the general and special conditions specified in any permits issued by the Department of the Army, Corps of Engineers and/or the Florida Department of Environmental Protection. The GRANTEE further agrees to include this as a separate provision in all subcontracts issued as a result of this Agreement. FEDERAL/FLORIDA SINGLE AUDIT ACTS REQUIREMENTS 42. Effective July 1, 2000, the Florida Single Audit Act requires all non-state organizations (GRANTEE) who are recipients of State financial assistance to comply with the audit requirements of the Act, pursuant to Section 215.97, Florida Statutes. In addition, recipients and subrecipients (GRANTEE) of federal financial assistance must comply with the Federal Single Audit Act requirements of OMB Circular A-133. Therefore, the GRANTEE shall be required to comply with the audit requirements outlined in Attachment C, titled "Requirements of the Federal and Florida Single Audit Acts", attached hereto and made a part of this Agreement, as applicable. 43. In accordance with Section 216.347, Florida Statutes, the GRANTEE is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. CERTIFICATE OF CONTRACT COMPLETION 44. The GRANTEE will be required to complete a Certificate of Contract Completion form when all work has been completed and accepted. This form must be submitted to the COMMISSION's Contract Manager with the GRANTEE's invoice for payment to be authorized. The COMMISSION's Contract Manager shall submit the executed form with the invoice to Accounting Services. FEDERAL FUNDS 45. This agreement is funded in whole or in part by a grant from the U.S. Fish and Wildlife Service, Federal Aid in Sport Fish Restoration Program, CFDA No. 15.605. Therefore, the GRANTEE shall be responsible for complying with all federal grant requirements as provided in this Agreement, a copy of which is attached hereto and made a part of as Attachment D. It is understood and agreed that the GRANTEE is not authorized to expend any federal funds under this Agreement to a federal agency or employee without the prior written approval of the U.S. Fish and Wildlife Service. DEBARMENT AND SUSPENSION 46. In accordance with Executive Order 12549, Debarment and Suspension, the GRANTEE shall agree and certify that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and, that the Contractor shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction, unless authorized in writing to the Commission by the federal agency issuing the grant award. 47. Upon execution of this Agreement by the GRANTEE, the GRANTEE shall complete, sign and return a copy of the form entitled "Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Federally Funded Transactions", attached hereto and made a part hereof as Attachment E - AGENDA I_TEM '--~ FEB 2 5 2003 Page 6 of 8 I~. 48. As required by paragraphs 47 and 48 above, the GRANTEE shall include the language of this section, and Attachment E in all subcontracts or lower tier agreements executed to support the GRANTEE's work under this Agreement. ENTIRE AGREEMENT 49. This Agreement represents that entire Agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, and duly signed by each of the parties hereto, unless otherwise provided herein. REST OF PAGE INTENTIONALLY LEFT BLANK Page 7 of 8 FEB 2 5 2OO3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed through their duly authorized signatories on the day and year last written below. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION By:. By: (Authorized Signatory*) -(Print-Si~6at~'s 14ar~e'ahd l'ifie) ' Date: (Grantee) (Address) (City, State, and Zip Code) (Federal Employer Identification Number) Date: Director, Division of Marine Fisheries or Designee Reimbursement Check Remittance Address: (Address) as~egality:_ FWC Attorn~/ (City, State, and Zip Code) *If someone other than the Chairman signs this Agreement, a statement or other document authorizing that person to sign the Agreement on behalf of the County must accompany the Agreement. List of Attachments included as part of this Agreement: Attachment A Attachment B Attachment C Exhibit 1 Attachment D Attachment E Attachment F Attachment G Scope of Services Comptroller's Contract Payment Requirements Requirements of the Federal - Florida SinRle Audit Acts State and Federal Funds Awarded throuRh the Florida Fish and Wildlife Conservation Commission Federal Aid Compliance Requirements Certification ReRardin.q Debarment/Suspension FWC Artificial Reef Car,qo Manifest Materials Placement Report Page 8 of 8 FEB 2 5 7.003 ATTACHMENT A SCOPE OF SERVICES COLLIER COUNTY REEF DEVELOPMENT PROJECT 2003 'MARCO PA TCH REEFS' Collier County proposes to deploy a combined total of up to 800 tons of clean limestone boulders (mitfimum 3 fi. diameter) and concrete at five locations between the Marco 9-Mile and Marco 12-Mile permitted artificial reef sites. The deployments at the Marco 9-Mile Site will be at a depth of 38 feet and consist of two patch reef deployments: one pile of concrete (100 tons) and one pile of limestone. (100 tons) located approximately 850 feet fi.om an existing 400 tons of bridge debris. The deployments at the Marco 12-Mile Site will be at a depth of 45 feet and consist of three patch reef deployments: one pile of concrete (100 tons), one pile of limestone (100 tons), and one pile of concrete (400 tons) located approximately 850 feet fi.om the other deployments. Each permitted area is a square permitted zone measuring 1,519 feet (.25 nautical miles) on a side, in a north-south orientation, encompassing 53 acres in state waters off Collier County. Both sites are permitted to Collier County by the U.S. Department of the Army, Corps of Engineers. The Permit Numbers are 200004020 (IP-DY) and 200004023 (IP-DY). The permits are valid until February 27, 2011. The Marco Three Mile Reef Site permitted center is located at coordinates 25° 52.870' N Latitude and 81° 54.125' W Longitude. The Marco Twelve Mile Reef Site permitted center is located at coordinates 25° 54.615'N Latitude and 81° 59.125' W Longitude. The Marco Three Mile Reef Site and the Marco Twelve Mile Reef Site are located approximately 3 and 12 nautical miles west of Caxamabas Pass, respectively. The reef construction activity to be funded consists of the following elements: LOADING AND TRANSPORTATION Loading and transportation of a total of approximately 800 tons of limestone boulders (minimum 3 fi. diameter) and clean pre-cast concrete material, or other concrete structures acceptable to the COMMISSION. Load the concrete materials onto a suitable conveyance and transport to a site for loading onto a barge or other suitable vessel for offshore movement. Load the materials onto a vessel for transportation to the designated reef site. Provide a sufficiently powered transport or towing vessel, personnel, and all necessary equipment to transport the material offshore and deploy it. Reef material loaded on to the transporting vessel must be properly secured in compliance with Coast Guard standards to allow for its safe transport to the reef construction site. o The GRANTEE's Project Manager shall complete the FWC Artificial Reef Cargo Manifest form (Attachment F) to be maintained onboard the vessel at all times during transport of materials, pursuant to Chapter 370.25, Florida Statutes. Page 1 of 4, Attachment A FEB 2 5 2003 DEPLOYMENT AND MATERIAL PLACEMENT During the deployment of the reef material, the transport vessel must be effectively moored through double anchoring, be spudded down, or otherwise be held securely in place with minimal movement (+/-50 feet) to ensure accurate placement of the patch reefs on the bottom. Material must be arranged to provide habitat complexity as well as provide sand bottom forage area opportunities. Individual reef materials should not be widely scattered. Any machinery used to move and deploy the reef materials should be sufficiently powered/maneuverable and capably operated to ensure timely, effective and safe off-loading of materials. The tug or transport vessel shall meet all U.S. Coast Guard certification and safety requirements, be equipped with a working, accurate Global Positioning System (GPS) unit and other marine electronics including a working VHF radio. Effective and reliable communications shall exist at all times between the transport vessel, and the designated GRANTEE observer on site. Deployment operations will only be initiated when sea height in the operations area is no greater than two to four feet as forecast by the nearest NOAA weather office. The GRANTEE's observer reserves the right to suspend off-loading operations if positioning and other deployment objectives, including safety of personnel and equipment, are not being met. All special and standard manatee protection requirements described in the Army Corps of Engineers Permit Nos. 200004020 (IP-DY) and 200004023 (IP-DY) for this reef site must be complied with. 5. The reef material under this Agreement will be deployed as five separate patch reefs within the Marco 9 Mile Reef and the Marco 12 Mile Reef Sites at the following locations: PERMITTED Material Quantity Proposed SITE NAME type (tons) Depth (MLW) Lat/Lon '9 Mile' Site Concrete 100 39 ft. 25° 52.962 / 81° 54.208 '9 Mile' Site Concrete 100 39 ft. 25° 52.962 / 81° 54.083 '12 Mile' Site Concrete 100 45 ft. 25° 54.694 / 81° 59.186 '12 Mile' Site Concrete 100 45 ft. 25° 54.694 / 81° 59.015 '12 Mile' Site Limestone 400 45 ft. 25° 54.590 / 81° 59.140 The GRANTEE's Contract Manager shall oversee the temporary marking of the reef deployment location in advance of reef materials deployment in order to assist the subcontractor in the proper placement of the reef. The markers shall be buoys no less than 12 inches in diameter and sufficiently anchored and with sufficient scope so that they will not drift off the designated deployment site prior to deployment. The COMMISSION will not pay for materials placed outside the permit area as described above. Precise GPS placement of marker buoys that do not shift position with time will also be important to insure the reef is constructed within the permitted area. The GRANTEE's Project Manager or GRANTEE's employee designated as an official observer shall remain on site during the entire deployment phase of the operation and confirm the GPS coordinates of the individual placements as well as the maximut FEB 2 5 2003 Page 2 of 4, Attachment A relief of the constructed reefs using a fathometer after the reef construction has been completed. o Both the GRANTEE and its subcontractor shall have on site current nautical charts of the deployment area, with the permitted site indicated on the chart. The proposed patch reef coordinates and the comer coordinates of the reef site will also be in possession of the GRANTEE's observer and the subcontractor when on site. The GRANTEE's observer shall also be in possession of a copy of the Army Corps permit for the area where the deployments are taking place. The GRANTEE shall be responsible for insuring that all permit condition terms are complied with. 9. The GRANTEE agrees to allow the COMMISSION to conduct on-site inspections of the saltwater artificial fishing reef project before, during, and after the deployment. ALLOWABLE EXPENDITURES ASSOCIATED WITH THE REEF PROJECT 10. Funds from this Agreement may be expended on the activities listed pursuant to Chapter 68E-9.004(1)(a), F.A.C. 11. Funds from this Agreement may not be expended on salaries, training, or parts replacement or repairs to rented or contractor owned equipment. Documentation of expenses and survey reports must be submitted with the closeout package in order for reimbursement to be made. LIABILITY AND RESPONSIBILITY FOR REEF MATERIALS 12. Upon initiation of the handling and movement of these artificial reef materials by the GRANTEE's subcontractor, all liability, risk of loss and responsibility for the safe handling, storage, transportation and deployment of the materials shall be borne by the subcontractor. This liability, assumption of risk and responsibility shall remain with the subcontractor until the materials are deployed at the permitted reef site in accordance with the specifications in this Agreement. PAYMENT SCHEDULE 13. The GRANTEE shall be paid on a cost reimbursement basis by the COMMISSION in the form of a single final payment for all allowable costs incurred under this Agreement following satisfactory completion of the project and submission of all required project close out documentation, no later than forty-five (45) days after the ending date of the Agreement. A timely reimbursement request following completion of actual field operations is strongly encouraged. REPORTING, PERFORMANCE, AND PUBLICATIONS 14. Written or electronically transmitted progress reports must be sent to the COMMISSION's Contract Manager at no less than 60 day intervals beginning from the date q this agreement. 1 Page 3 of 4, Attachment A FEB 2 5 200 15. A final field report providing the designated observer's narrative of the reef deployment operation is required prior to reimbursement. The field report shall include a written chronology and narrative describing the deployment. The final field report should include any video footage or photographs (underwater and/or surface), if available. 16. A Materials Placement Report (attachment G) shall be submitted to the COMMISSION's Project Manager within 30 days of field operations completion. The Materials Placement Report shall reflect an accurate material tonnage for the reef deployed as well as a detailed description of the type, number, dimensions and individual weights of the various sizes of reef materials deployed. This information may be submitted on the materials placement report in lieu of taking loaded and unloaded barge measurements. If accurate individual weights of concrete units cannot be obtained or are not known, barge displacement measurements are required. The GRANTEE's Project Manager or GRANTEE employed designee shall then record the waterline length, width and draft (to the nearest inch) of the loaded barge at all four (4) comers to calculate the average displacement of water due to the weight of the artificial reef materials. The same barge measurements must be taken by either the GRANTEE's Project Manager or GRANTEE-employed designee when the barge returns to shore after the deployment has been completed. These measurements may not be taken while the barge is offshore at the deployment site. The barge measurements are to be included in the Materials Placement Report. 17. Any published articles related to this artificial reef activity should reflect the role of the USFWS Federal Aid in Sport Fish Restoration Program in assisting in the funding of this activity. REST OF PAGE INTENTIONALLY LEFT BLANK Page 4 of 4, Attachment A FEB 2 5 2003 ATTACHMENT B Comptroller Contract Payment Requirements Department of Banking and Finance, Bureau of Auditing, Voucher Processing Handbook (10107/97 Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of types of documentation representing the minimum requirements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Pursuant to 216.346, Florida Statutes, a contract between state agencies including any contract involving the State University system or the State Community College system, the agency receiving the contract or grant moneys shall charge no more than 5 percent of the total cost of the contract or grant for overhead or indirect cost or any other cost not required for the payment of direct costs. REST OF PAGE INTENTIONALLY LEFT BLAt compreq.224/rev. 12/00 Page 1 of 1, Attachment B FEB 2 5 2003 ATTACHMENT C REQUIREMENTS OF THE STATE AND FEDERAL SINGLE AUDIT ACTS The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission (Commission) to the Contractor/Grantee (recipient) may be subject to audits and/or monitoring by the Commission as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Commission staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. In the event the Commission determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Commission staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through the Commission by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from Commission. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). PARTII:STATEFUNDED This part is applicable if the recipient is a non-state entity as defined by Section 215.97(2)(I), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT I to this agreement indicates state financial assistance awarded through the Commission by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Commission other state agencies, and other non-state entiti, financial assistance does not include Federal direct or pass-through awards and resources received state entity for Federal program matching requirements. in connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensu~ audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submi= Page 1 of 3, Attachment C )y a ~~~_'~' ' s,tohn'Fo/ 2 5 2003 financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the recipient expends less than $300,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). PART II1: OTHER AUDIT REQUIREMENTS None PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A- 133, as revised, by or on behalf of the recipient directly to each of the following: The Commission at the following address: Anthony Carro, Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 138 620 S. Meridian St. Tallahassee, FL 32399-1600 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A- 133, as revised. Pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Commission at the following address: Anthony Carro, Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 138 620 S. Meddian St. Tallahassee, FL 32399-1600 Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: The Commission at the following address: Anthony Carro, Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 138 620 S. Meridian St. Tallahassee, FL 32399-1600 Page 2 of 3, Attachment C FEB 2 5 2003 The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 Copies of reports or the management letter required by PART III of this agreement shall be submitted by or on behalf of the recipient directly to: The Commission the following address: Anthony Carro, Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 138 620 S. Meridian St. Tallahassee, FL 32399-1600 Any reports, management letter, or other information required to be submitted to the Commission pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Recipients, when submitting financial reporting packages to the Commission for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. Contact the Commission's Audit Director, Anthony Carro, by phone at (850) 921-1794 or by email at anthony.carro~.fwc.state.fl.us PART IV: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Commission or its designee, Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Commission or its designee, Comptroller, or Auditor General upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by the Commission. REST OF PAGE INTENTIONALLY LEFT BLANK Page 3 of 3, Attachment C EXHIBIT - I FEDERAL FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Agency: Federal Program: CFDA Number: State Agency: State Program: Recipient: Amount: U.S. Fish and Wildlife Service Federal Aid in Sport Fish Restoration Program 15.605 Florida Fish and Wildlife Conservation Commission Division of Marine Fisheries Artificial Reef Gm,ts Program Collier County $18,750.00 (75% of total project amount of $25,000) COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL FUNDS AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: 1. Only the goods and/or services described within the attached Agreement and Attachment A are eligible expenditures for the funds awarded. 2. All provisions of Section 370.25, Florida Statutes and Rule 68E-9, Florida Administrative Code must be complied with in order to receive funding under this Agreement. 3. The Grantee must comply with the requirements of all applicable taws, rules or regulations relating to this artificial reef project. STATE FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING FUNDS FOR FEDERAL PROGRAMS*: State Agency: State Program: State Funding Source: *Federal Agency: *Federal Program: *CFDA Number: Recipient: Amount: Florida Fish and Wildlife Conservation Commission Division of Marine Fisheries Artificial Reef Grants Program Marine Resource Conservation Trust Fund U.S. Fish and Wildlife Service Federal Aid in Sport Fish Restoration Program 15.605 Collier County $ 6,250.00 (25% of total project amount of $25,000) SUBJECT TO SECTION 215.97, FLORIDA STATUTES (Florida Single Audit Act): None - State funds are for Federal Match only. COMPLIANCE REQUIREMENTS APPLICABLE TO THE STATE FUNDS AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Same as federal NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97, Florida Statutes, require that the information about Federal and State projects included in Exhibit I be provided to the recipient. Page 1 of 1 FEB 2 5 2003 &o i Attachment D FISH AND WILDLIFE SERVICE STATE GRANT PROGRAMS State Grant Proarams Chaplet 1 Sunlrnar¥ 1.1 Purpose. The purpose of this chapter is to summarize guidance on those requirements generally applicable lo grant programs. 1.2 Applicability and Scope. In accepting Federal lunds, States and other grantees must comply with all applicable Federal laws, regulations, and policies. This chapter is not all-inclusive. Exclusion of any specific requirement does not relieve grantees of their responsibility for compliance. Copies of reference materials can be obtained from the Regional Offices. Guidance on the following requirements is contained in this chapter. A. Nondiscrimination Requirements. Title VI ot the Civil Rights Act of 1964 Section 504 of the Rehabilitation Act of 1973 Age Discrimination Act Gl 1975 - Title IX of the Education Amendments of 1972 B. Environmental Requirements. Coastal Zone Management Act of 1972 Executive Order 11987, Exotic Organisms Endangered Species Act of 1973 National Environmental Policy Act Gl 1969 (NEPA) Floodplains and Wetlands Protection Animal Welfare Act of 1985 Coastal Barrier Resources Act Gl 1982 C. Historic and Cultural Preservation Requirements. National Historic Preservation Act of 1966 D. Administrative Requirements. Unitorm ReJocation Assistance and Real Property Acquisition Policies Act ot 1970 Debarment and Suspension Drug-Free Workplace Act ot 1988 Restrictions on Lobbying (P.L. 101-121) 1,3 Title VI of the Civil Rlghte Act of 1964 (42 U.S.C. 2000(d)). A. Summary. Prohibits discrimination based on race, color, or national origin in any 'program or activity receiving Federal financial assistance.' B. Relarencas. (1) Regulations of the Department of the Interior (43 CFR Part 17) 12117192 FWM 061 New part 523 Federal Aid Comollance Reaulremants ~i23 FW 1.1 (2) U.S. Fish and Wildlife Service Guidelines for Compliance with Federal Nondiscrimination Requirements (3) U.S. Fish and Wildlife Service Federally Assisted Program Implementation Plan C. Raqulremente. (1) Grantees may not, on the basis of race, color, or national origin, select, locate, or operate project facilities which will serve lo exclude or limit opportunity for use or benefits. (2) Grantees shall make reasonable efforts to intofm the public of opportunities provided by Federal Aid projects and shall inform the public that the projects are subject to Title VI compliance. (3) Though employment practices are not in themselves subject to Title VI, Title VI does apply to employment which may affect the delivery of services to beneficiaries of a federally assisted program. For the purpose of Title VI, volunteers or other unpaid persons who provide services to the public are included. 1.4 Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 795) A. Summary. Ensures that no qualified handicapped person shall, on the basis Gl handicap, be excluded from participation in, be denied the benefits of, or be subiected to discrimination under any program or activity receiving Federal financial assistance. B. Referencee. (1) Regulations of the Department Gl the Interior (43 CFR Part 17) (2) U.S. Fish and Wildlife Service Guidelines tot Compliance with Federal Nondiscrimination Requirements (3) U.S. Fish and Wildlife Service Federally Assisted Program Implementation Plan C. Requlremente. (1) Grantees may not deny a qualitied handicapped person the opportunity to participate in or bIMeiit from Federal Aid project facilities or services afforded to others. (2) Grantees may not deny a qualified handicapped person the opportunity to participate as a member of a planning or advisory board. (3) The location of tacilities shall not have the effect Gl excluding handicapped persons from, deny them the benefits o1, or otherwise subiect them to discrimination under any Federal Aid project. ' N~ rr~ ~"'"~'~ I 1.5 Age Discrimination Act Gl 19~ (42 FEB 2 5 2003 S' ~.TE G .ANtr (~=t'/~OGRAM$ Pl. --".'~ FISH AND WILDLIFE SERVICE STATE GRANT PROGRAMS State Grant Proarsms Chaoter 1 summary A. Summery. Prohibits discrimination on the basis of age in programs or activities receiving Federal financial assistance. B, References. (1) Regulations of the Oepartment ot the Interior (43 CFR Part t 7) (2) U.S. Fish and Wildlife Service Guidelines for Compliance with Federal Nondiscrimination Requirements (3) U.S, Fish and Wildlife Service Federally Assisted Program Implementation Plan C, Requirements. No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subiected to discrimination under any program or activity receiving Federal financial assistance. However, a grantee is permitted to take an action otherwise prohibited if the action reasonably takes into account age as a factor necessary to the normal operation or achievement of any statutory objective of a program or activity, t,6 Title IX of the Education Amendments of 1972 (20 U,S.C. 1681, et. seq.) A. Summery, Prohibits discrimination on the basis of sex in any education program receiving Federal financial assistance. B. References. (1) Regulations of the Department of the Interior (43 CFR Part 17) (2) U.S. Fish and Wildlife Service Guidelines for Compliance with Federal Nondiscrimination Requirements C. Requirements. No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program receiving Federal financial assistance. For the purpose of Title IX, hunter education and aquatic education proiect activities are considered education programs. 1,7 Coastal Zone Mlnsgsmsnt Act of 1972 (16 U.S.C. 1451 et. seq.) A. Summery. The Act is intended to, "preserve, protect, develop, and where possible, to restore or enhance, the resources of the Nation's coastal zone...' B. References. Regulations of the Department ol Commerce (15 CFR 930). C. Requirements, Federal Aid projects, which would "significantly affect the coastal zone" must be consistent with the approved State management programs developed under the Act. Prior to submitting a Grant Proposal for a project in the coastal zone of a State with an approved Coastal Zone Part 523 Federal Aid Comollsnce Rsc~ulrsmtrlt! ~;2;~ FW 1,fA Management Program, the proposed project must be reviewed for consistency with the management plan. Grantees may be required to submit a statement attesting to conformance with the Coastal Zone Management Plan. 1,6 Executive Order 11987, Exotic Organisms. A, Summary. Federal agencies shall discourage the States from introducing exotic species into natural ecosystems of the United States. In addition, Federal agencies will restrict the use ot Federal funds for the purpose of introducing exotic species into ecosystems outside of the United States. B. References. Executive Order 11987, Exotic Organisms, 42 FR 26949 (May 25, 1977) C. Requirements. (1) Any proposal for the introduction of an exotic species into a natural ecosystem by a State fish and wildlife agency must include a biological opinion from the U,S. Fish and Wildlife Service supporting the proposed introduction, (2) To obtain a biological opinion, the State agency shall provide the Regional Director with a written request for the opinion together with any available information Including, but not limited to, NEPA documents, biological data, and project plans. (3) After receiving a biological opinion, it wilt be the responsibility of the State agency to adhere to the recommendations outlined in that opinion. 1.9 Endangered Species Act of 1973 (16 U,S.C, 1531-1534). A. Summary. Actions funded under the Federal Aid programs must not jeopardize the continued existence of any endangered or threatened species, oi result in the destruction or adverse modification of the habitat ot the species. B. Reference. Section 7 Consultation Requirements, 43 FR 670 (Jan. 4, 1978). C. Requirements, The Regional Director must ensure that Federal Aid projects are not likely to jeopardize the continued existence ol endangered or threatened species or result in the destruction or adverse modification of critical habitat. For prolects which may affect an endangered or threatened species, either beneficially or adversely, a formal Section 7 consultation is necessary. The State is required to name the listed species and/or critical habitat included; list the name, description, and location of the area; list objectives of the actions; and provide an explanation of the impacts of the actions on a listed species or its critical habitat. 1.10 National Environmental Policy Act o U.S.C. 4321-4347), STATE GR 196W~ FEB 2 5 2003 o20 FISH AND WILDLIFE SERVICE STATE GRANT PROGRAMS State Grant Proarsme Part 523 Federal Aid Compliance Reaulrements Chat)tar 1 Summery A. Summary. Requires that every proposed Federal action be examined to determine the effects (beneficial or adverse) it will have on the human environment and that the findings be considered in decisions regarding its implementation. B. References. (1) Regulations of the Council on Environmental Quality implementing the procedural provisions of NEPA, (40 CFR 1500-1508). (2) Departmental Manual, Environmental Quality, Part 516. (3) Fish and Wildlile Service Manual, National Environmental Policy Act, Part 550. (4) National Environmental Policy Act Handbook for Federal Aid Projects. The Assistant Director-Fish and Wildiite Enhancement is authorized.!o promulgate the National Environmental Policy Act Handbook for Federal Aid Projects. C. Requirements. Each action proposed for Federal funding must include an Environmental Assessment (EA), Environmental Impact Statement (ELS), or show that the proposed activity is covered by one or more categorical exclusions. For specific requirements and procedures, see National Environmental Policy Act (NEPA) Handbook for Federal Aid Projects. 1.11 Floodplains end Wetlands Protection. A. Summary. Federal Aid funds may not be used for projects affecting floodplains or wetlands unless there is no practical alternative outside the floodplain or wetland and only il actions are taken to minimize the adverse effects. B. References. (1) Executive Order 11988, Floodplain Management, 42 FR 26951 (May 25, 1977). (2) Executive Order 11990, Protection ol Wetlands, 42 FR 26961 (May 25, 1977). (3) Department of Interior Procedures for Implementation, 520 DM 1. (4) Natural Resources Protection, 613 FW. C. Requirements. The Executive orders on floodplains and wetlands require Federal agencies to review proposed actions Io ensure that there are no practical alternatives outside the floodplain or welland, and to ensure that potential harm is minimized. If there are no practical alternatives to proposed proiects in Iloodplains or wetlands, actions to minimize the adverse effects should be incorporated Into the project plans. 1.12 Animal Wslflre Act of 1985, 7 U.S.C. 2131, et esq. A. Summary. Requires the humane treatment ol animals (exclusive of fish) used in research, experimentation, testing, and teaching. 12117192 FWM 091 5~1 FW 1.10A B. Refsranoes. Regulations of the Department of Agriculture, Animal and Plant Health Inspection Service (APHIS), 9 CFR Parts 1, 2 and 3 (54 FR 36112 (Aug. 31, 1989). c, Requirements. Grantees who use Federal Aid funds to conduct covered management or research or who engage in interstate shipment of animals should contact the local Animal and Plant Health Inspection Service (APHIS) office for instructions. A list of the APHIS offices may be obtained from the Regional Offices. 1.13 Coastal Barriers Resources Act of 1982 (1~ U.S.C. 3501), as amended by the Coastal Barrier Improvement Act of 1990 (P.L. 101-591) A. Summary. The purpose of the Acts are '...to minimize the loss of human life, wasteful expenditure of Federal revenues and damage to fish and wildlife, and other natural resources associated with coastal barriers...' B. Raferencel. U.S. Fish and Wildlife Sen~ice Advisory Guidelines, 48 FR 45664 (Oct. 6, 1983). C. Requirements. Activities conducted within a unit ol the Coastal Barrier Resources System must meet the requirements o! section 6 of the Act. Section 6 requires consultation with the Service, via the appropriate Regional Office. 1.14 National Historic Preservation Act of 1966, 16 U.S.C. 470. A. Summary. Federal agencies may not approve any grant unless the project is in accordance with national policies relating to the preservation of historical and cultural properties and resources. B. References. (1) National Register ol Historic Places (36 CFR 60). (2) The Archeological and Historic Preservation Act of 1974, 16 U.S.C. 469a. (3) Procedures for the Protection ot Historic and Cultural Properties (36 CFR 800). (4) Determinations ot Eligibility tot Inclusion in the National Register of Historic Places {36 CFR 63). ' (5) Criteria tor Comprehensive Statewide Historic Surveys and Plans (36 CFR 61). (6) Cultural Resources Protection, 614 FW. C, Requirements. (1) States must consult with the State I. Officer (SHPO) tot those activities or pr defined as undertakings under the Natk Preservation Act. An undertaking is del activity, or program that can result in cl' STATI ,jects ned as a project, ~naeFEl~e2 5 2003 ~ FISH AND WILDLIFE SERVICE' STATE GRANT PROGRAMS State Grant Proarama Part 523 Fecleral Aid Compliance Reaulremsrl~_., Chaoter 1 Summary , character or use of properties that are listed on or potentially eligible for listing on the National Register of Historic Places (National Register) and located within the project's area of potential elfect. Undertakings include new and continuing projects, activities, or p~ograms and any of their elements not previously considered under Section 106 of the National Historic Preservation Act. (2) In cases where a Federal Aid project has been determined to be an undertaking, the State must notify the appropriate Service Regional Director for guidance on how to proceed with Section 105 compliance. Based on the results of the consultation between the State and SHPO, the Service will determine the need and level of inventory to identify historic properties that may be affected by the undertaking and to gather sufficient information to evaluate whether these properties are listed or are eligible for listing in the National Register. (3) Where completed inventories indicate that identified historic properties may be affected by the undertaking, the State shall be responsible for submitting the necessary documentation to the appropriate Regional Director for review. As necessary, the Service shall seek determinations of eligibility for those properties that are to be affected by the proposed activity. (4) If a State is advised by the SHPO that an undertaking will adversely affect a property that is eligible for or listed on the National Register, the State shall ask the appropriate Regional Director to determine measures for mitigating or avoiding impacts. This may require the development of a memorandum of agreement among the Service, State, and State Historic Preservation Officer to address specific measures that will be employed to avoid or minimize adverse effects to historic properties located within the area of potential effect. Adverse effects that may diminish the character and integrity of historic properties include: (a) Physical destruction, damage, or alteration of all or part of the property; (b) Isolation of the property from or alteration of the character of the property's setting when that character contributes to the property's qualification for the National Register of Historic Places; (c) Introduction of visual, audible, or atmospheric elements that are out of character with the property or alter ils setting; (d) Neglect of a property resulting in its deterioration or destruction; and (e) Transfer, lease, or sale of the historic property. (5) If a previously unknown property that is eligible for listing on the National Register is discovered at any time during the implementation period of a Federal Aid project, the Regional Director must be notified and all actions which ~23 FW 1,14Cf2~ may adversely eflecl it must be suspended. The Service shall provide the State with instructions on how lo proceed. 1.15 Uniform Relocation Assistance and Real Property Acquisition Policies Act of lg70, aa smendsd (42 U.S,C. 4601) A. Summery. Federal agencies may not approve any grant unless the grantee provides Assurances that it will comply with the Act. Prices t~ be paid for lands or interests in lands must be fair and reasonable (except when Ihe price is fixed by law, or when the lands are to be acquired at public auction or by condemnation and the value determined by the court). Persons displaced from their homee, businesses, and farms must receive relocation services, compensation, and fair equitable treatment. B. References. (1) Department of Interior Uniform Relocation Assistance and Real Property Acquisition Regulations (41 CFR 114-50). (2) Department et Transportation Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs (49 CFR Part 24). C. Appraisal Requirements. (1) A real property owner or his designated representative must be contacted prior to making an appraisal and given an opportunity to accompany the appraiser during inspection of the property. The fact that it occurred must be documented in project files and in the appraisal report. (2) Real property must be appraised, the appraisal report reviewed, and the fair market value established prior to initiation of negotiations with the owner. (3) If the acquisition of only part of a property will leave the owner with an uneconomic remnant, the State or other grantee must offer to buy the whole property. The term "uneconomic remnant" applies only to Title II! of the Act and the necessity of the acquiring agency to offer to purchase such a remainder or the entire property. It is not to be construed wilh the term "uneconomic unit" as it applies to the in-lieu payment of farm operations under Title II of the Act. O. Negotiation Requlremente. (1) An owner or his designated representative'must be provided, in person or by certified mail, a written statement of just compensation as determined in the appraisal process. Offers of compensation cannot be less than the approved appraisal of fair market value of such property. If only a portion of the owner's property is being taken ar, is left with an uneconomic remnant, the agency buy the whole property. (2) Reimbursement to a real property owner for convey a title must Include: STATE GRAN1 °'ts B 2 5 2003 FISH AND WILDLIFE SERVICE STATE GRANT PROGRAMS ~,tete Grant Proarsms (~,~lotsr 1 Summary (a) Recording fees, transfer taxes, and similar costs; (b) Penalty cost for prepayment of pre-existing recorded mortgage; and (c) Pro-rata portion ot real property taxes allocable to a period subsequent to the date of vesting title. (3) All displaced persons (owners and tenants) must be provided information on their relocation benefits. E. Relocation Assistance to Displaced People. (1) A relocation plan must be prepared for displaced persons so that problems associated with displacement of individuals, families, businesses, farms and nonprofit organizations are known at an early stage in a project's development (see 49 CFR 24.205). Planning may involve the following: (a) Who and what will be displaced. (b) The estimated number of dwellings, businesses, farms, and nonprofit organizations displaced, including rentals. This estimate should contain: (I) Currently available replacement housing, businesses, farm, and organization sites; {11) Approximate number ot employees affected; (111) Types of buildings, number, and size of rooms; (Iv) The needs of those displaced (i.e. lifestyle); and (v) Type ot neighborhood, distance to community tacilities, church, etc. {c) List of comparable replacement dwellings, including rentals, available on the market within a 50.mile radius {specialized units may require expanding radius). When an adequate supply ot comparable housing is not expected to be available, consideration of Housing of the Last Resort actions should be instituted. (d) Estimate ot cost of replacement housing by purchase and/or rental per displaced person, and consideration of special needs like the elderly or handicapped. (e) Estimate of cost for moving. (2) Advisory Services for Displaced People. Advisory services must be provided tot all persons o~cupying property to be acquired and tot all persons who use such real property tot a business or farm operation. Eligibility requirements and corresponding benefits must be explained to all displaced persons. Assistance must be provided to persons completing claim torms, obtaining moving services, and obtaining proper housing. (3) Payment for Relocation of Displaced Persons. Relocation expenses must be paid to a displaced person who purchases and occupies a replacement dwelling. Part 523 Federal Aid Comollance Reauirements 1~25 FW 1,1 Moving and related expenses will be provided to displaced persons residing on real property including those persons owning a business or a farm. All payments must comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act ot 1970. 1.16 Debarment ind SUlpenelon A. Summary. Executive Order 12549, Debarment and Suspension, directs that persons debarred or suspended by one Federal agency from receiving grants may not receive grants trom any Federal agency. B. References, {1) Executive Order 12549, Debarment and Suspension, Feb. 18, 1986. (2) Department ol Interior Rules, Governmentwide Debarment and Suspension (Nonprocurement), 43 CFR 12.100- 12.510 C. Requirements. (1) States and other grantees must submit the certification tot Primary Covered Transactions (D1-1953). States certify as to their 'principals', not the State agency. State principals are commissioners, directors, project leaders, or other persons with primary management or supervisory responsibilities, or a person who has a critical influence on or substantial control over Federal Aid projects. States may provide the certification annually. Other grantees must provide the certification with each Application for Federal Assistance. (2) States and other grantees must obtain from their subgrantees and contractors a certification for Lower Tier Covered Transactions (D1-1954). A certification is not required for small purchase procurements, currently defined as less than $25,000. These certifications are normally provided with an application or proposal from a subgrantee or contractor. (3) States and other grantees must not make any award, either by subgrant or contract, to any party which is debarred or suspended or is otherwise Ineligible under provisions of Executive Order 12549. The U.S. General Sen/ices Administration maintains a list of parties debarred, suspended, ineligible or excluded from participation in Federal grants under the provision of the Executive order. A copy of this list is available, upon request, from the Regional Director. 1.17 Drug-Free Workplace Act of 1968. A. Summit. The Drug-Free Workplace Act requires that all grantees certify that they will workplace. B. References. Department of Workplace Requirements, 43 CFR · 'B 2 5 2003 12/17192 FWU 061 #~W FISH AND WILDLIFE SERVICE STATE GRANT PROGRAMS ~tete Grant ProGrams . (;llaoter 1 Summary C. Requirements. Grantee organizations must: (1)' Establish (and publish) a policy that informs employees that the manufacture, distribution, possession, o¢ use of a controlled substance in the workplace is prohibited; (2) Establish an awareness program to inform employees of the dangers of drug abuse in the workplace; and (3) Provide a drug-free workplace certification to the Department of Interior or U.S. Fish and Wildlife Service. The forms for providing the certification are available from the Regional Director. State agencies may certify annually. If the State agency is covered by a consolidated certification for all State agencies, a copy of the consolidated certification should be submitted to the Regional Director. (The original is retained by the State.) Grantees other than State agencies must submit the certification with each Grant Agreement. 1.18 Restrictions on Lobbying (P.L. 101-121) A. Summary. Prohibits the use of Federal appropriated funds for lobbying either the executive or legislative branches of the Federal Government in connection with a specific contract, grant, loan, or cooperative agreement. B. References, Department of the Interior Rules, 43 CFR Part 18, New Restrictions on Lobbying. C. Requirements. (1) Recipients of Federal grants are prohibited from using Federal appropriated lunds, e.g. grants, to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, or an employee ota member of Congress in connection with a specific contract, grant, loan, or cooperative agreement. (2) Proposals lot grants in excess of $100,000 must contain a certification that no part of the funds requested will be used for lobbying. Copies of the certification form, Form DI-1963, can be obtained from the Regional Offices. (3) Recipients of grants in excess of $100,000 must file a disclosure Iorm on lobbying activities conducted with other than Federal appropriated funds. Form SF-LLL and SF-LLL-A, Continuation Sheet, shall be used lot this purpose. Copies of the forms can be obtained Irom the Regional Offices. Pert 523 Federsl Aid Comollance Re<]ulrementl 523 FW 1.17C FEB 2 5 2003 STATE GRANT PROGRAMS ATTACHMENT E CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER FEDERALLY FUNDED TRANSACTIONS Required for all contractors and subcontractors on procurement (vendor) contracts of $100,000 or more, and for all contracts and grants with sub-recipients regardless of amount, when funded by a federal grant. The undersigned hereby certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. The undersigned also certifies that it and its principals: (a) Have not within a three-year period preceding this response been convicted of or had a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (b) (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 2.(a) of this Certification; and Have not within a three-year period preceding this certification had one or more public transactions (Federal, State or local) terminated for cause or default. 3. Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be attached to this certification. Dated this day of ,2(~. By: Authorized Signature/Contractor Typed Name/Title Grantee Name/Contractor Name Street Address Building, Suite Number debar. 226/rev. 12/00 City/State/Zip Code Area Code/Telephone Number Page I of 2, Attachment E ITEM FEB 2 5 2003 o INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION- LOWER TIER FEDERALLY FUNDED TRANSACTIONS By signing and submitting this form, the certifying party is providing the certification set out below. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the certifying party knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Florida Fish and Wildlife Conservation Commission (FWC) or agencies with which this transaction originated may pursue available remedies, including suspension and/or debarment. The certifying party shall provide immediate written notice to the person to which this contract is. submitted if at any time the certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of'changed circumstances. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this contract is submitted for assistance in obtaining a copy of those regulations. The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier contract, or other covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the FWC or agency with which this transaction originated. The certifying party further agrees by executing this contract that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List (Telephone No. (202) 501-4740 or (202) 501-4873.) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the FWC or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. debar.226/rev. 12/00 Page 2 of 2, Attachment E FEB 2 5 2003 Attachment F DIVISION OF MARINE FISHERIES ARTIFICIAL REEF PROGRAM ARTIFICIAL REEF MATERIALS CARGO MANIFEST (Issued pursuant to Ch. 370.25(6)(b), Florida Statutes) Name of individual managing reef deployment (print) Signature ! Date whose address is , Street City State Zip Code declare that I am staging and transporting the following artificial reef construction materials allowable pursuant to the U.S. Army Corps of Engineers Artificial Reef Permit referenced below. The location of the land based reef materials staging area is: Transporting Vessel Registration Number: Vessel Owner: Vessel Operator: The following items are to be deployed as reef matedal (use additional sheets if necessary): MATERIAL TAG Descriptions of material ID NUMBER(S), if applicable {number of pieces, t~pe, dimension, weight) GPS Coordinates Lat: Lon: Lat: Lon'. Lat: Lon: Lat: Lon: A copy of the below referenced permit(s) and all associated conditions is attached to this manifest and shall be carried on board the vessel during loading, storing, or transporting artificial reef material. - OFFICIAL USE ONLY - (TO BE COMPLETED BY PERMIT HOLDER, OR AUTHORIZED ARTIFICIAL REEF INSPECTOR) Permit Holder. ACOE permit number issued on Name of U.S. Department of the Army, Corps of Engineers (ACOE) Permit Holder , permitted site name and has an expiration date of Local inspection permit number (if applicable): (Name of FWC authorized Artificial Reef Inspector, pdnted) (Signature) Page I of 2 Attachment F EXPLANATION SHEET FOR THE ARTIFICIAL REEF MATERIALS CARGO MANIFEST FORM The attached artificial reef cargo manifest has been developed in compliance with subsection 370.25 (6)(b), Flodda Statutes, which states that: "It is unlawful for any person to: store, possess or transport on or across state waters any materials reasonably suited for artificial reef construction and stored in such a manner providing ready access for use and placement as an artificial reef, unless a valid cargo manifest issued by the commission or a commission-certified inspector is onboard the transporting vessel. The manifest will serve as authorization to use a valid permitted site or land-based staging area, which will validate that the type of artificial reef construction material being transported is permissible for use at the permitted site, and will describe and quantify the artificial reef material being transported. The manifest will also include the latitude and longitude coordinates of the proposed deployment location, the valid permit number, and the copy off the permit conditions for the permitted site. The manifest must be available for inspection by any authorized law enforcement officer or commission employee.' This requirement for a cargo manifest became part of the statutory revision of the artificial reef program statute Section 370.25 Florida Statutes (F.S.), modified during the 2000 State of Florida Legislature. The statutory language allows a "commission certified inspector" to complete and approve the artificial reef materials cargo manifest. Therefore, we are providing the attached cargo manifest form to all local coastal government artificial reef coordinators and eligible non-profit corporations who may physically construct artificial reefs with the approval of the permit holders. INSTRUCTIONS A separate cargo manifest form is to be completed for each load to be transported offshore (i.e., one manifest per voyage). The manifest is to list all, and only, the reef materials onboard. The top of the form is to be filled out by the reef builder with his/her contact information and the information about the proposed reef materials to be deployed written into the boxes. If several materials are identical but have different tag numbers, please write "SAME" in the box for the other materials. Also put "SAME" under additional coordinates if all materials are going to the same deployment site. The shaded portion of the form at the bottom is to be filled out by the materials inspector. The cargo manifest must be completed by an entity representing the holder of the applicable artificial reef permit to assure that all materials meet the requirements of the permit. Completion of the artificial reef materials carqo manifest is required for all construction activities. The requirement to complete this document is not intended to be an undue burden on entities wishing to legally construct artificial reefs within permitted sites, bUt is a tool to assist law enforcement personnel in preventing the illegal construction of artificial reefs without the knowledge of the permit holder or in areas outside of legally permitted sites. It is intended to allow law enforcement staff to determine whether or not a load of materials is legal under the permit conditions. Without a propedy completed Cargo Manifest Form on board, reef builders will be returned to port pursuant to Chapter 370.25 (6) (b). It is not necessary to send a copy of the Cargo Manifest Form to the FWC artificial reef section in Tallah@ssee. Documentation of the reef building activity should be maintained by the entity issuing the mani event of any FWC inquiries. Reminder: the placement of all public artificial reefs in state or adjacent federal waters require submittal of a Materials Placement Report to the FWC artificial reef program within 30 days of deployment in accordance with s. 370.25 F.S. i A est ~ ; th~EB 2 5 2003 ,ublic re,~.~.~ At~ac.nmen[ G FISH AND WILDLIFE CONSERVATION COMMISSION DIVISION OF MARINE FISHERIES ARTIFICIAL REEF PROGRAM MATERIALS PLACEMENT REPORT To Be Completed For Each Deployment Location or Date of Deployment Al-TACH A PHOTOGRAPH OF THE MATERIAL ON THE BARGE IMMEDIATELY PRIOR TO DEPLOYMENT County or Municipality:. Grant No. FWCC- (if applicable) Source of Funding.'. Name of Permitted Reef Site: Date of Placement: U.S. Army Corps Permit No.: Amount: Location Name for This Deployment: NOTE: ONLY COORDINA~F~S TAKEN WITH A DIFFERENTIAL GLOBAL POSITIONING SYSTEM (DGPS) RECEIVER ARE ACCEPTABLE. COORDINATES SHOULD BE REPORTED IN DECIMAL MINUTE FORMAT ONLY. CONVERSIONS FROM LORAN-C TIME DELAYS OR CHART INTERPOLATIONS ARE UNACCEPTABLE. Latitude:__°__, ' North Longitude: Brand of Machine: Model Number:, Actual LORAN-C coordinates (if taken on-site): Geographical Location: at deqrees from (nautical miles) (bearing) Water Depth: feet ' West (reference channel marker) Maximum Matedal Height: feet TYPE AND AMOUNT OF MATERIAL DEPLOYED AT THE LOCATION DESCRIBED ABOVE: Pdmary Type of Material: Number of Pieces: Dimensions:. Secondary Type of Material: Dimensions: Number of Pieces:. FOR GR)JqT-FUNDE]3' R~ the folE)wing-d~:will t)e rec~:led at'the =tagln~mli' p~(x' tO ind. lfttrth~=dep~c~lnent. This fonTml~ r~psl~ent~ an'averlger_slnglt _m~k~. ~-b~ and my n~t!~...~ mGt ~_. ge ~ mlt~~.:: . Barge Length: feet Barge Width: feet Loaded D~aft:. (Length X Width X Loaded Draft X 0.93 X 65) = 2,000 = (Length X Wldt~ X Unloaded Draft X 0.93 X 65) = 2,000 = TOTAL TONNAGE FOR THIS DEPLOYMENT ~feet Unloaded Dmft:.~ feet (Loaded barge weight in tons) SUBTRACT (Unloaded barge weight in tons) I DO HERE~Y CERTIFY THAT THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE Observer's Name: Title: (PLEASE PRINT) Observer's Signa~re: Date: (PLEASE PRINT) Observer's Remarks: Rev. 12/99 Page I of 1. Attachment G FEB 2 5 2003 EXECUTIVE SUMMARY APPROVE FY03/04 TOURIST DEVELOPMENT GRANT APPLICATION FORMS FOR CATEGORY "B" (SPEC-IAL EVENTS) AND CATEGORY "C" (MUSEUMS), AS RECOMMENDED BY THE TOURIST DEVELOPMENT COUNCIL OBJECTIVE: Board review and approve the modified grant application forms for FY03/04 Special Events and Museum categories, as recommended by the Tourist Development Council. CONSIDERATIONS: With the Tourist Development Tax Grant Application cycle for FY03/04 fast approaching in March 2003, staff has reviewed and modified the application forms for Special Events and Museum grants. On January 27, 2003, Tourism Director Jack Wert briefed the Tourist Development Council at length on staff recommended modifications to applications for Tourist Development Tax funded grants for Special Events and Non-County Owned Museums. The recommended changes establish more stringent controls, guidelines, and reporting criteria than contained in previous grant applications. Both categories of grants will now be judged on the same criteria and reporting will be much more uniform. Highlights of the changes include: · Guideline of two-day minimum events with 100 room nights per day of the event. · Review panel will assess eligibility prior to TDC review. · $50,000 maximum funding guideline. · If an event is not recommended by the TDC or approved by BCC, applicant may return to TDC and then BCC if new information arises. · Research of attendees will be required of applicant; Tourism staff will also perform research to measure economic impact. · New category for first-time events with $10,000 maximum funding guideline. · Expanded detail of previous event pedbrmance and economic impact. · Expanded detail on matching funding and projected expenditures. The Tourist Development Council unanimously recommended Board approval of the modified grant application forms. FISCAL IMPACT: There are no fiscal impacts associated with this action. GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated with this action. FEB 2 5 2003 RECOMMENDATION: Approve the recommended application forms for FY03/04 Special Events and Museum grants, as recommended by the Tourist Development Council. Prepared by: Reviewed by: JACK WTaWERT, Direc~ Tourism Department I~. ~.fi' lJ~"I~ ~'JT~,L AC E Director, CDES Operations Date: ~ ~ 6" '- o;2 Date: Reviewed by: ~/~~~-~~ Date: JOgEPH"IF/MiTT ' //~(:lministrator, Community Development & Environmental Services  /Division FEB 2 5 2003 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL SPECIAL EVENT FUNDING REQUEST CATEGORY "B" FISCAL YEAR 2003-2004 PART I - INSTRUCTIONS AND DEFINITIONS PURPOSE: This document sets forth the guidelines and categories for requests for funds from Tourist Development Taxes. Applications will be accepted from organizations that will sponsor and promote tourism activities during FY 2003-2004 within Collier County that bring substantial numbers of visitors to the County. AUTHORIZATION HISTORY: The Florida State Legislature enacted the Local Option Tourist Development Act (Section 125.0104, Florida Statutes) in response to the growing need of Florida counties to provide additional revenue sources for Tourist Development in an effort to stimulate the local economy. In response to this need, in 1990, the voters of Collier County approved a two (2) percent Tourist Development Tax on transient rental accommodations. A Tourist Development Council was also created in 1992 to assist the Collier County Board of County Commissioners (BOCC) in planning ways in which to use the revenues received through the Tourist Development Tax, based on statutory guidelines. The tax was increased to three (3) percent in 2000. The BOCC has the final determination of the allocation of TDC funds within the confines of F.S. 125.0104. ALLOCATION OF THE TOURIST TAX The original two-percent (2%) Tourist Development Tax revenue is allocated by the Tourist Development Plan approved by the Board of County Commissioners as follows: 50% for beach park facilities or beach improvement, maintenance, renourishment, restoration and erosion control, including pass and inlet maintenance shoreline protection, enhancement, cleanup or restoration of inland lakes and rivers to which there is public access as these uses relate to the physical preservation of the beach, shoreline or inland lake or river. 19% Museums County Owned and Operated, to acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more county owned museums and7.764% Non-County Owned Museums that are owned and operated by not-for- profit organizations and open to the public. ~d~ ~,~ .23.236% for Advertising/Promoting and Special Events to bring tourism to Collier ounty. FEB 2 5 2003 TOURIST TAX ALLOCATION CONT. The additional one-percent (1%) tourist tax is allocated as follows: 100% for beach park facilities or beach improvement, maintenance, renourishment, restoration and erosion control, including pass and inlet maintenance shoreline protection, enhancement, cleanup or restoration of inland lakes and rivers to which there is public access as these uses relate to the physical preservation of the beach, shoreline or inland lake or river. Further regulations concerning the use of the Tourist Development Tax proceeds are outlined in the Florida State Statute 125.0104, and the Collier County Ordinance. TIMETABLE FOR REVIEW: The Tourist Development Council will distribute applications to organizations that express an interest in receiving funds for Fiscal Year 2003-2004 during the month of February 2003. Projects must meet the guidelines and criteria outlined in this document and must commence after October 1, 2003 and be completed by September 30, 2004. Completed applications should be submitted to the Tourism Development Department Office no later than 5:00 P.M. on Monday, March 31, 2003. Applications may be mailed or hand delivered to the Tourism Development Department office: 3050 North Horseshoe Dr, Suite 210, Naples, FL 34104. For further information telephone (239) 403-2384. FEB.._24'2 5 2003 APPLICATION AND EVALUATION PROCEDURE: The following procedure will be strictly followed. Applicants are cautioned not to contact any member of the Collier County Board of County Commissioners (BOCC) or Tourist Development Council (TDC) regarding their request. All contacts should be channeled through the TDC Director's office. Please read the following instructions carefully and call the Tourism Development Office with any questions. Incomplete or incorrect applications will be returned. The Tourist Development Council Director and a Review Committee made up of one hotel, one attraction and one cultural representative will review all applications to determine if they meet the established criteria for funding. Only those requests that will have a substantial economic impact on the County from visitors will be considered further. The Tourism Department office staff will notify qualifying applicants who are finalists. All f'malists will then be invited to present their applications to the TDC in April. The Tourist Development Council will vote on each qualifying applicant and prepare, in priority order, their recommendations for funding for Fiscal Year 2003-04. Funding recommendations of the Tourist Development Council are final. The recommendations will be presented to the Board of County Commissioners as part of the County's budget process for FY 2003-04. After budget approval, contracts will be negotiated with the selected applicants, with assistance fi.om the County Attorney's office, and then presented to the BOCC for final approval. Once executed, these contracts will be monitored and Requests for Funds Form will be reviewed and approved by the Tourist Development Council Director. No projects are approved and no funds may be expended until the contract is approved and signed by the Chairman of the Board of County Commissioners. All materials submitted with applications will become a matter of public record, open to inspection by an), citizen of the State of Florida subject to Chapter 119, Florida Statutes. FEB 2 5 ?.003 OVERALL GUIDELINES Applications must conform to the guidelines specified by the Tourist Development Council. Applications that do not conform to these guidelines will not be considered for funding. The funding limits are subject to final approval by the Tourist Development Council and Board of County Commissioners. Funding is available for major events staged in the County during the off-season of May- November that attract large numbers of visitors from outside the County. Example would be national or international amateur sports events, and multiple day festivals. Events must be at least two (2) days in duration. A guideline of 100 hotel room nights per day of the event will be used to evaluate the impact of the event. The maximum allowable amount of any single sponsorship is $50,000. Advertising and promotional campaigns supporting events must be in out of Collier County media such as broadcast, web and regional print. TYPES OF EVENTS: Programs, festivals, or special events should have a history of, or the potential for attracting out- of-county visitors, either as participants or spectators, generating hotel/motel/campground room nights. Consideration will also be given to events that can generate national, state, or regional media exposure for Collier County and its tourist offerings. ELIGIBLE ORGANIZATIONS: Not-For-Profit Organizations under section 501 of the Internal Revenue Code (a copy of the IRS determination letter provided by the applicant confu'ms federal tax-exempt status) and For-Profit Organizations are eligible for funding. Organizations must have significant county tie, established primarily to produce cultural programs, festivals, or special events, utilizing private sector community f'mancial support and volunteers as well as paid staffto carry out the objectives of the organization. PROJECT GUIDELINES: 1. Project must take place within the Collier County May-November (off season). 2. Applicant must make project accessible to the public and to disabled persons. 3. Applicant must submit a list of the Board of Directors, with addresses, salaries and occupation or affiliation. 4. Applicant must submit most recent preliminary and final reports if you have received a grant in the past from Collier County. nC, ElqC}A IT'll, / FEB 2 5 PROJECT GUIDELINES CONT: 5. Applicant must match the amount requested on a dollar-for-dollar basis, showing revenue specifically contributed for program ($0% o£this match may be in-kind contributions, accompanied by a list o£ fair and reasonable market value). 6. Applications £ailing to meet deadline will not be considered. 7. Application form must be typed. 8. Multiple events must be separate and distinct applications with separate summaries and budgets. 9. Advertising and promotion must take place in areas outside of Collier County. This is to ensure that funds will be used to attract visitors who reside out o£Collier County and who may stay at least one night. 10. Applicants must provide most recent IRS Form 990. 11 .Grant Requests requires an Attestation Financial Statement in accordance with GAAP. 12. All event expenditures are on a reimbursement basis only. No funds will be forwarded in anticipation o£the receipt of an invoice. 13. A complete detailed project budget must be submitted that includes all expenses. 14. The complete detailed project budget must include all revenues. 15. All information should be submitted on 8 ½ x 11" white paper. 16. When submitting a request for reimbursement, a verification letter indicating the vendors that have been paid to date, must accompany your request with complete original back up before any reimbursements can be released. 17.A certificate o£ liability insurance is required before any reimbursements can be released. SPECIAL NOTE: In the event that any funding request is turned down, the organization will not be permitted to come back to the TDC or Board of County Commissioners until the next fiscal year. An exception would be if new information not previously presented might alter the TDC's decision. In this case, the applicant must bring the request back to the TDC for further review before approaching the County Commission. FEB 2 5 2003 Funding Administration: No funding may be reimbursed until the Collier County Clerk of Courts Finance Department approves the funding. Funding Manager: Organizations receiving funding shall designate a Funding Manager. That individual shall be responsible for maintaining the official file with application, correspondence, funding, narrative progress reports, request for funds/reimbursements, invoices and sample of promotional materials used. The organizations funding manager will insure that all elements of the funding application are followed, that narrative progress reports are submitted in a timely manner, that requests for funds are accurate and appropriate attachments are included, and that the event funding is closed out efficiently with the necessary reports and audit submitted. It is the funding manager's responsibility to see that any applicable Federal, State or County laws and policies are followed. Documenting Economic Impact: For each event, applicants will be required to distribute and collect questionnaires provided by the Tourist Development Council. These forms will assist in the tracking of participants' accommodations and spending patterns in Collier County while attending the event. The minimum number of required questionnaires must be equal to ten percent (10%) of the projected attendance at the event or one hundred-fifty (150) whichever is greater. Applicants should be aware that the TDC staff'will also survey hotels and event attendees to confu'm the data collected by the event organizers. APPLICATION GUIDELINES: 1. If you are applying for more than one event, a separate applications and distinct separate budgets are required.. 2. State the goals and objectives for each event for which you are applying for. 3. Describe what benefits will be received fi.om each event or promotion for which you are applying. 4. Describe how the event increases awareness of the County as a visitor destination, increases the number of visitors, their length of stay, and promotes inter-county travel by visitors. 5. Describe how the effectiveness of each event will be evaluated. 6. Describe how financial resources will be monitored. 7. Describe, in detail, how the event will be implemented? 8. Attach copies of letters of commitment to substantiate matching funds. FEBi ._ 5 2003 STATUS REPORTS: Preliminary Status Report: A preliminary status report is due at the time of submission of application indicating an overall status of the evem and revenue generated to Collier County. (Form Attached) Imerim Status Report: A detailed interim status report will be required sixty (60) days prior to the event. This report will idemify at what point you are with the planning of the evem. ( Form Attached.) Final Status Report: A detailed final status report is due within sixty (60) days of the close of the event. (Form Attached.) PROCEDURES FOR DRAW OF FUNDS A Request for Funds Form (Attached) must be completed and submitted to the TDC office for imerim draws and for final payment. All paymems are on a reimbursemem basis only and made only after proof of paid invoices are presemed. Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Organizations receiving funding should take into consideration that it will take a minimum of 30 days for the County to process a check. Copies of paid invoices, cancelled checks, tear sheets, primed samples or other backup information to substantiate payment must accompany request for funds. USE OF TOURISM DEVELOPMENT FUNDS Tourism gram funds must be used to promote and advertise tourism in the State of Florida and nationally and internationally; however, if tax revenues are expended for an activity, service, venue, or evem, the activity, service, venue, or evem shall have as one of its main purposes the attraction of tourists as evidenced by the promotion of the activity, service, venue, or evem to tourists. Florida State Statutes 125.0104 section 5(A) 2. NOTICE: All collateral material and advertisemems must list Collier Coumy as one of the evem sponsors. All printed material must comaiR the verbiage "A cooperative effort funded by the Collier County Tourist Development Tax". AUDITS AND RECORDS The organization receiving funds shall maintain such records and accounts, including property, personnel, and financial records as are deemed necessary by the County to ensure a proper accounting for all TDC funds. The aforesaid records will be made available for audit or inspection purposes at any time during normal business hours and as often as the TDC deems necessary. They shall be made available to the TDC for examination, all such records with respect to any matters covered by this funding application. The organization receiving funding will permit the same to be examined and excerpts or transcriptions made from such records and audits of all contracts, invoices, materials, records of personnel and of employment, and data relating to all matters covered by this application. The TDC's right of inspection an~2 ,,~,di~,.,EtlOA i-rEM_. ~.' shall also apply to any audits made by any other agency whether local, state, or feder ti. FEB 2 5 2003 7 Budget Control Log:: A budget control log must accompany each invoice submitted for reimbursement. The budget control log will identify each category approved by the Board of County Commissioners and under each category will be the appropriate invoiced amount. BUDGET CONTROL FORM SAMPLE P.O. # Invoice No: Categories Budget InvoicesY-T-D Balance Invoices Remainin~ Advertising Equipment Administration Travel Expenses FUNDING CATEGORY GUIDELINES I Sponsorships and Event Bid Fees: Minimum two-day events with 100 or more hotel room nights per day of the event. Funds are to be used exclusively for advertising and promotion in out of market media. The maximum is $50,000 for events with a minimum of three years of result history. A total of $350,000 is available for this category. Bid fees are only eligible if held in a County or publicly owned facility. II First Time Events: These would include newly created events, or ones that have little history. The maximum amount per event is $10,000. Subsequent year funding will be determined by results of the first or second year. A total of $50,000 is available in this category. III Cultural Events: Two or more day events that bring significant number of visitors to Collier County. The maximum amount per event is $25,000, and the fu'st time event maximum of $10,000 applies. A total of $100,000 is available in this category. FEB 2 5 20 3 CRITERIA FOR EVALUATION OF APPLICATIONS Applications will be scored in five (5) categories with a maximum score of one hundred (100) points per applicant. COMMITMENT TO THE EXPANSION OF OFF-SEASON TOURISM IN COLLIER COUNTY - Maximum 25 Points. Evidence that the project: serves to attract out-of-county visitors generating hotel/motel/campground rentals; will be marketed to the fullest extent possible in an effective and efficient manner; demonstrates a willingness of the organizers to work with the tourism industry; commitment to develop other funding sources in subsequent years. II OUT-OF-COUNTY PROMOTION- Maximum 25 Points The proposed out-of-County advertising is well thought out and detailed to show the potential broad awareness of the event in out-of-market media. Packaging of hotels, attractions and shopping through tour operators or travel agents will also be evaluated. III. SOUNDNESS OF PROPOSED PROJECT - Maximum 20 Points. A. The extent to which the project has clearly identified objectives; has assigned responsibilities and accountability; has a realistic timetable for implementation; has additional funding sources available that will be utilized; will accomplish its stated objectives. IV. STABILITY AND MANAGEMENT CAPACITY - Maximum 15 Points. Ao A proven record or demonstrated capacities of the organization to develop resources, effectively plan, organize and implement the proposed project. Bo The organization has a successful history of service in and to Collier County. Ability of the organization to administer public grants and to prepare and deliver the necessary progress reports to the Tourist Development Council. V.QUALITY AND UNIQUENESS OF PROPOSED PROJECT-Maximum 15 Points. Extent, to which the activity provides a program for Collier County visitors and its residents, which is of significant merit and that, without such assistance. would - not take place in the County. - ~c, glqOA ~L~ (J 9 FEB 2 5 2003 ..._ il _ Repeat Event Point System The Points System will be used to determine the level of funding for repeating events. Scoring must equal at least 75 points. Year of Funding Request 2nd 3rd 4th Maximum % of Funding Allowed Up to 100% Up to 90% Up to 80% Up to 70% The amount of funding recommended for approval will be based on the final score. After the fourth year of requesting Tourist Tax funding the event should have enough sponsors to fund the event without using the Tourist Tax. If a request for funding is submitted after the fourth year, the Special Events Committee will take the request under consideration and forward a recommendation to the Tourist Development Council. A detailed explanation letter of why the funding request is needed will be required before any review of the application takes place. After the fourth year of funding requests, if approved by the Board of County Commissioner, up to 50% of the request can be granted. For second and third year requests special consideration will be given to organizations that have secured additional support through private or corporate contributions. 10 FEB 2 5 200 USES OF TOURIST DEVELOPMENT FUNDS AUTHORIZED USES OF FUNDS: The following are examples of how Tourist Development Funds may be used to promote tourism for the County. Advertising and promotional expenses in om-of-market media in conjunction with an event to increase participation in the event and bring visitors to Collier County. Examples are: printing and distribution of promotional pieces prior to the event including creative design, printing, copying, ad placement cost, distribution of direct mail. Creating an internet web site promoting the event linked to the County's Tourism website to increase participation, attendance and awareness of the event and generate hotel room nights. 3. Bid fees to attract major sports or other special events to Collier County to generate visitors and economic impact to the community. Please be advised that Collier County policy requires the submission of copies of invoices and canceled checks with all requests for promotional expense reimbursement. Reimbursement will only be made if copies of invoices and copies of canceled checks are provided. There are no exceptions. 11 FEB 2 5 2003 2. 3. 4. 5. 10. 11. 12. 13. TOURISM FUNDS MAY NOT BE USED FOR: Prize money, scholarships, awards, plaques, or certificates. Travel expenses. Projects that are restricted to private or exclusive participation. Private entertainment, food, and beverages and lodging. Operating expenditures directly or indirectly related to the project or event such as equipment, field or facility rental. Legal, medical, engineering, accounting, auditing, planning, marketing, feasibility studies or other consulting services. Salaries or supplements to salaries for existing or future staff, or employment of personnel directly or indirectly related to the project or event. Real property or capital improvements, new construction, renovation or restoration to facilities. Tangible personal property including but not limited to office furnishings or equipment, permanent collections, or individual pieces of art. Interest or reduction of deficits and loans. Expenses incurred or obligated prior to or after the project period. Advertising and promotional materials distributed at the event site or after the event. Payments for services or goods purchased for previous or other events. 12 FEB 2 5 2003 PART II APPLICATION FOR FUNDS GENERAL INSTRUCTIONS Please submit an original and twenty-five (25) copies of your completed application (Pages 13- 20) and all supporting documents for considcralion by the Collier County Tourist Development Council. Complete each item of each applicable section. DO NOT SKIP ANY INFORMATION THAT APPLIES TO YOUR EVENT. Please call Jack Wert, TDC Director at (239) 403-2384 with any questions. Be sure to have your Chief Official and Secretary sign the application on the last page. One copy of the following items is required and should be attached to your original application: ( ) Charter, Articles of Incorporation, By-Laws, Proof of Current Status (except government entities) ( ) Minutes of meeting authorizing officers to apply for these tourism tax funds ( ) IRS Determination Letter of non-profit status (except government entities) ( ) List of current Officers and Board members with terms and salaries, or mayor, City Council) ( ) Organizational Chart ( ) Copy of financial statement of your most recent fiscal year (except government entities) ( ) Proof of Liability Insurance ( ) Letters of Commitment from co-sponsors Name of Preparer: (Please Print) Signature of Preparer 13 FEB 2 5 2003 APPLICATION TOURIST DEVELOPMENT SPONSORSHIP FY 2003-04 I GENERAL INFORMATION, To assist us in evaluating the impact your event may have on Collier County and to better understand what support you are requesting, the following questions must be answered in full. (1) NAME OF ORGANIZATION (2) NAME OF EVENT/PROJECT DATE OF EVENT (3) CONTACT PERSON (4) COMPLETE ADDRESS OF ORGANIZATION: STREET CITY ST__ZIP PHONE: FAX: (5) ORGANIZATION'S CHIEF OFFICIAL: TITLE: LOCATION OF EVENT Address if differem fi.om above: (6) PHONE: FAX: INTENDED USE OF FUNDS: (Refer to Authorized Uses of Funds and Unauthorized Uses of Funds) (7) AMOUNT REQUESTED $ (8) IF ENTIRE REQUEST CANNOT BE FUNDED, MAY THE PROJECT BE RESTRUCTURED FOR LESS FUNDING? ( ) YES ( ) NO 14 FEB 2 5 2003 ll DETAILS ON YOUR ORGANIZATION: In narrative form please describe your organization in the following areas. Use a separate sheet to complete these questions in detail. (1) What are your organization's goals and objectives? (2) What services docs your organization provide? (3) How will your organization monitor expenditure of funds? (4) How will your event bring additional visitors and hotel room nights to Collier County? (5) What is your organization's experience in managing sponsorships and grants? III PREVIOUS EVENT EXPERIENCE Please indicate the experience you organization has had with other events or your experience with this event in past years. If'you have received TDC funding for a previous event, please include a copy of you're Final Status Report. NAME OF EVENT DATE AND LOCATION NUMBER OF PARTICIPANTS/GUESTS ECONOMIC IMPACT HOTEL ROOM NIGHTS 15 FEB 2 5 2003 III EVENT INFORMATION (1) EVENT NAME: (Use additional sheets where necessary.) 16 (15) PLEASE PROVIDE DETAILS OF HOW THE EVENT WILL WORK. (7) (6) PROJECTED NUMBER OF LOCAL PARTICIPANTS, GUESTS AND MEDIA PROJECTED NUMBER OF OUT-OF-TOWN PARTICIPANTS: AVERAGE NUMBER OF DAYS STAY IN COLLIER COUNTY: TO: (8) PROJECTED NUMBER OF OUT-OF-TOWN GUESTS OF PARTICIPANTS: AVERAGE NUMBER OF DAYS STAY IN COLLIER COUNTY: (9) PROJECTED NUMBER OF OUT-OF-TOWN MEDIA PERSONS: AVERAGE NUMBER OF DAYS STAY IN COLLIER COUNTY: (10) TOTAL NUMBER OF HOTEL ROOMS REQUIRED IN COLLIER COUNTY FOR EVENT: (11) PROVIDE THE ESTIMATED DIRECT ECONOMIC IMPACT ON COLLIER COUNTY FROM YOUR EVENT. (DO NOT USE MULTIPLIERS): $ (12) HOW DID YOU CALCULATE THIS ESTIMATED IMPACT? PLEASE EXPLAIN. (13) PROVIDE A LIST OF OTHER EVENT SPONSORS AND THE AMOUNT(S) OF THEIR SPONSORSHIPS. (14) PROVIDE THE LOCATION, CONTACT NAME AND PHONE NUMBER FOR THE EVENT FOR THE LAST THREE YEARS. FEB 2 5 2003 (2) TYPE OF EVENT: (3) DATE OF EVENT: LOCATION: (4) NUMBER OF DAYS: HOURS: FROM: (5) EVENT PROMOTER (IF OTHER THAN YOUR ORGANIZATION) NAME OF PROMOTER COMPANY NAME ADDRESS: PHONE and FAX IV SPORTING EVENT (If Applicable) (1) NAME OF SPORT/EVENT: (2) LOCATION OF EVENT: (IF MORE THAN ONE, LIST ON SEPARATE SHEET.) (3) TOTAL NUMBER OF FIELDS NEEDED: (4) TOTAL NUMBER OF FIELDS NEEDED PER DAY: (5) NUMBER OF LIGHTED FIELDS REQUIRED: (6) PROVIDE FIELD USE TIMES BY DAY. (7) SPECIAL FIELD REQUIREMENTS (PLEASE SPECIFY) V OUTDOOR EVENT: (1) LOCATION AND SIZE OF LOCATION: (2) SPECIAL SITE REQUIREMENTS: Vii CULTURAL ARTS EVENT (1) LOCATION AND SIZE OF LOCATION: (2) SPECIAL SITE REQUIREMENTS: 17 AGENDA ITEM. o FEB 2 § 2003 PROJECT BUDGET RECAP INCOME SOURCES: TOURIST DEVELOPMENT TAX REQUEST $ ADDITIONAL FUNDING SOURCES (Must equal or exceed TDC funding request) $ $ $ $ $ $ TOTAL ADDITIONAL FUNDS $ OTHER INCOME SOURCES $ $ TOTAL OTHER INCOME $ TOTAL INCOME - ALL SOURCES $ 18 PROJECT EXPENSES: intended Utilization of Tourist Tax Funds (Please re£er to authorized and unauthorized uses on page 11-12. Provide an itemized summary indicating the intended use of TDC funds. Please be as explicit as oossible, including intended publications~ promotional materials~ etc. and how much money will be expended for each cateeorv. Use additional sheets if necessary. $ $ $ $ $ $ Total Tourism Funds Utilized: Other Project Expenses $ $ $ $ $ $ Total Other Project Expenses TOTAL PROJECT EXPENSES Profit (Loss) 19 $ $ $ FEB 2 5 2003 CERTIFICATION I have reviewed this Application for Funds from the Tourist Development Council for FY 2003-04. I am in full agreement with the information contained herein. To the best of my knowledge, the information contained in this Application and its attachments is accurate and complete. Chief Corporate Officer Date Seal Document Corporation Secretary Date 2O Collier county Tourist Development Council Preliminary Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: TITLE: PHONE: FAX: On an attached sheet, answer the following questions and attach it to your application. PRELIMINARY INFORMATION: ~ Is this a first time event? If not, how many times has this event taken place? ~- What hotels have committed to special rates or packages for the event to date? What are the estimated hotel room nights generated by this event? What is the estimated revenue generated by this event? What is the estimated number of participants expected at this event? If event planning is in progress, what has been done, what remains to be done, and are there any problems? ~ If the event planning has not been started, why? ~ List the out-of-county advertising, marketing, and/or public relations that have been contracted or placed to date? 21 FEB 2 § 2003 Collier County Tourist Development Council Interim Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: TITLE: PHONE: On an att_n_ched sheefa answer the_following quest/ohs to identi~! the status the event. Submit this report at least quarterl_~l. INTERIM - These questions will identify the current status of the upcoming event. After the TDC staff reviews this Interim Status Report, if they feel you are behind schedule on the planning stages, they will make recommendations to help get the event back on schedule. Has the planning of this event started? At what point are you at with the planning stage for this event? (Percent of completion) What hotels/motels have committed to special rates or packages for the event? ~ What is the number of booked hotel/motel rooms to this point for this event? What is the total dollar amount to date of matching contributions? What is the status of the advertising and promotion for this event? Have your submitted any advertisements or printed pieces to the TDC staff for approval? Please supply a sample and indicate the ad > How has the public interest for this event been up to this 22 ! FEB 2 5 2003 Collier County Tourist Development Council Final Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: TITLE: PHONE: FAX: On an attached sheet, answer the .following questions for each element in your scope of work. Final - These questions should be answered for your final status report. Is this a first time event? If not, how many times has this event taken place? What hotels have committed to special rates or packages for the event to date? What is the number of hotel room nights generated by this event? What is the name and address of Hotels/Motels and contact person? What is the total revenue generated for this event? Total expenses. (Have all vendors been paid) List the vendors that have been paid, if not, what invoices are still outstanding and why? What is the number of participants that came to this event? What is the percentage of the total participants from out of Collier County? What problems occurred if any during the event? List the out-of-county- advertising, marketing, and/or public relations that have been contracted or placed to date? How can the event be improved or expanded? 23 FEB 2 5 2003 Collier County Tourist Development Council PLEASE INCLUDE THIS CHECKLIST WITH YOUR FINAL SUBMISSION TO INSURE THAT ALL REQUESTED DOCUMENTS ARE INCLUDED. PLEASE ATTACH ONE COPY OF EACH OF THE FOLLOWING ITEMS TO YOUR ORIGINAL APPLICATION FOR OUR FILES: (It is not necessary to provide a copy of these items with the 25 copies.) D D D D Charter, Articles of Incorporation, By-Laws, Proof of Current Status, i.e. Annual Report on file with the Secretary of State - Except Government entities. Minutes of meeting authorizing officers to apply for these tourism funds. IRS Determination Letter - Except Government entities. List of current officers and board members, indicating terms, or mayor, City Council, etc. D D D Organization Chart Copy of financial statement for the most recently completed fiscal year - Except Government entities. Letters of commitment from co-sponsors; D D Income and expense details Signed by Chief Officer and Secretary. Name of Preparer:. (Print) Signature of Preparer:. 24 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL GRANT FUNDING REQUEST CATEGORY "C' MUSEUM GRANT APPLICATION PART I - INSTRUCTIONS AND DEFINITIONS PURPOSE: This document sets forth the guidelines and categories for requests for funds from Tourist Development Taxes. Applications will be accepted from organizations that will promote tourism activities during FY 2003-2004 within Collier County that bring substantial numbers of visitors to the County. AUTHORIZATION HISTORY: The Florida State Legislature enacted the Local Option Tourist Development Act (Section 125.0104, Florida Statutes) in response to the growing need of Florida counties to provide additional revenue sources for Tourist Development in an effort to stimulate the local economy. In response to this need, in 1990, the voters of Collier County approved a two (2) percent Tourist Development Tax on transient rental accommodations. A Tourist Development Council was also created in 1992 to assist the Collier County Board of County Commissioners (BOCC) in planning ways in which to use the revenues received through the Tourist Development Tax, based on statutory guidelines. The tax was increased to three (3) percent in 2000. The BOCC has the final determination of the allocation of TDC funds within the conf'mes of F.S. 125.0104. ALLOCATION OF THE TOURIST TAX The original two-percent (2%) Tourist Development Tax revenue is allocated by the Tourist Development Plan approved by the Board of County Commissioners as follows: 50% for beach park facilities or beach improvement, maintenance, renourishment, restoration and erosion control, including pass and inlet maintenance shoreline protection, enhancement, cleanup or restoration of inland lakes and rivers to which there is public access as these uses relate to the physical preservation of the beach, shoreline or inland lake or river. 19% Museums County Owned and Operated, to acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more county owned museums and7.764% Non-County Owned Museums that are owned and operated by not-for- profit organizations and open to the public. 23.236% for Advertising/Promoting and Special Events to bring tourism to Collier County. FEB 2 § 2003 TOURIST TAX ALLOCATION CONT. The additional one-percent (1%) tourist tax is allocated as follows: 100% for beach park facilities or beach improvement, maintenance, renourishment, restoration and erosion control, including pass and inlet maintenance shoreline protection, enhancement, cleanup or restoration of inland lakes and rivers to which there is public access as these uses relate to the physical preservation of the beach, shoreline or inland lake or river. Further regulations concerning the use of the Tourist Development Tax proceeds are outlined in the Florida State Statute 125.0104, and the Collier County Ordinance. TIMETABLE FOR REVIEW: The Tourist Development Council will distribute applications to organizations that express an interest in receiving funds for Fiscal Year 2003-2004 during the month of February 2003. Projects must meet the guidelines and criteria outlined in this document and must commence after October 1, 2003 and be completed by September 30, 2004. Completed applications should be submitted to the Tourism Development Department Office no later than 5:00 P.M. on Monday, March 31, 2003. Applications may be mailed or hand delivered to the Tourism Development Department office: 3050 North Horseshoe Dr, Suite 210, Naples, FL 34104. For further information telephone (239) 403-2384. APPLICANT INSTRUCTIONS Category "C" Museum funding is available through the Tourist Development Council and Collier County Board of County Commissioners. Per F.S. 125.0104, this funding is to acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more County owned museums or museums that are owned and operated by not for profit organizations and open to the public. ELIGIBILITY FOR FUNDING Museums that are owned by units of county, municipal or other governments; or museums that are owned and operated by not-for-profit organizations and open to the public are eligible to submit applications and compete for funds. APPLICATION AND EVALUATION PROCEDURE: The following procedure will be strictly followed. Applicants are cautioned not to contact any member of the Collier County Board of County Commissioners (BOCC) or Tourist Development Council (TDC) regarding their request. All contacts should be channeled through the TDC Director's office. Please read the following instructic;ns carefully and call the Tourism Development Office with any questions. Incomplete or incorrect applications will be returned. The Tourist Development Council Director and a Review Committee made up of one hotel, one attraction and one cultural representative will review all applications to determine if they meet the established criteria for funding. Only those requests that will have a substantial economic impact on the County from visitors will be considered further. The Tourism Department office staff will notify qualifying applicants who are finalists. All finalists will then be invited to present their applications to the TDC in April. The Tourist Development Council will vote on each qualifying applicant and prepare, in priority order, their recommendations for funding for Fiscal Year 2003-04. Funding recommendations of the Tourist Development Council are final. The recommendations will be presented to the Board of County Commissioners as part of the County's budget process for FY 2003-04. After budget approval, contracts will be negotiated with the selected applicants, with assistance from the County Attorney's office, and then presented to the BOCC for fmal approval. Once executed, these contracts will be monitored and Requests for Funds Form will be reviewed and approved by the Tourist Development Council Director. No projects are approved and no funds may be expended until the contract is approved and signed by the Chairman of the Board of County Commissioners. All materials submitted with applications will become a matter of public record, open to inspection by any citizen of the State of Florida subject to Chapter 119, Florida Statutes. SPECIAL NOTE: In the event that any funding request is turned down, the organization will not be permitted to come back to the TDC or Board of County Commissioners until the next fiscal year. An exception would be made if new information not previously presented might alter the TDC's decision. In this case, the applicant must bring the request back to the TDC for further review before approaching the County Commission. Funding Administration: No funding may be reimbursed until the Collier County Clerk of Courts Finance Department approves the funding.. FEB 2 fi 2003 Documenting Economic Impact: For each event, applicants will be required to distribute and collect questionnaires provided by the Tourist Development Council. These forms will assist in the tracking of participants' accommodations and spending patterns in Collier County while attending the event. The minimum number of required questionnaires must be equal to ten percent (10%) of the projected attendance at the event or one hundred-fifty (150) whichever is greater. Applicants should be aware that the TDC staffwill also survey hotels and event attendees to conftrm the data collected by the event organizers. STATUS REPORTS: Preliminary Status Report: A preliminary status report is due at the time of submission of application indicating an overall status of the project. (Form Attached) Interim Status Report: A detailed interim status report will be required quarterly during the project. ( Form Attached.) Final Status Report: A detailed final status report is due within sixty (60) days of the close o£the Project. (Form Attached.) PROCEDURES FOR DRAW OF FUNDS A Request for Funds Form (Attached) must be completed and submitted to the TDC office for interim draws and for £mal payment. All payments are on a reimbursement basis only and made only after proof of paid invoices are presented. Reimbursement o£funds must stay within the con£mes of the Project Expenses outlined in your application. Organizations receiving funding should take into consideration that it will take a minimum o£30 days for the County to process a check. Copies of paid invoices, cancelled checks, tear sheets, printed samples or other backup information to substantiate payment must accompany request for funds. AUDITS AND RECORDS The organization receiving funds shall maintain such records and accounts, including property, personnel, and financial records as are deemed necessary by the County to ensure a proper accounting for all TDC funds. The aforesaid records will be made available for audit or inspection purposes at any time during normal business hours and as often as the TDC deems necessary. They shall be made available to the TDC for examination, all such records with respect to any matters covered by this funding application. The organization receiving funding will permit the same to be examined and excerpts or transcriptions made from such records and audits of all contracts, invoices, materials, records of personnel and of employment, and data relating to all matters covered by this application. The TDC's right of inspection and audit shall also apply to any audits made by any other agency whether local, state, or federal. FEB 2 § 2003 BUDGET CONTROL LOG A budget control log must accompany each invoice submitted for reimbursement. The budget control log will identify each category approved by the Board of County Commissioners and under each category will be the appropriate invoiced amount. P.O. # SAMPLE LOG: Invoice No: Categories Advertising Promotion Equipment Administration Travel Expenses Budget Invoices Y-T-D Balance AGENDA LTE~ FEB 2 5 2003 CRITERIA FOR EVALUATION OF APPLICATIONS Applications will be scored in five (5) categories with a maximum score of one hundred (100) points per applicant. COMMITMENT TO THE EXPANSION OF OFF-SEASON TOURISM IN COLLIER COUNTY - Maximum 25 Points. Evidence that the project: serves to attract out-of-county visitors generating hotel/motel/campground rentals; will be marketed to the fullest extent possible in an effective and efficient manner; demonstrates a willingness of the organizers to work with the tourism industry; commitment to develop other funding sources in subsequent years. II OUT-OF-COUNTY PROMOTION- Maximum 25 Points Any proposed out-of-County advertising to support the project is well thought out and detailed to show the potential broad awareness of the event in out-of-market media. Packaging of hotels, attractions and shopping through tour operators or travel agents will also be evaluated. III. SOUNDNESS OF PROPOSED PROJECT - Maximum 20 Points. The extent to which the project has clearly identified objectives; has assigned responsibilities and accountability; has a realistic timetable for implementation; has additional funding sources available that will be utilized; will accomplish its stated objectives. IV. STABILITY AND MANAGEMENT CAPACITY - Maximum 15 Points. mo A proven record or demonstrated capacities of the organization to develop resources, effectively plan, organize and implement the proposed project. The organization has a successful history of service in and to Collier County. Ability of the organization to administer public grants and to prepare and deliver the necessary progress repons to the Tourist Development Council. QUALITY AND UNIQUENESS OF PROPOSED PROJECT -Maximum 15 Points. Extent, to which the activity provides a program for Collier County visitors and its residents, which is of significant merit and that, without such assistance, would not take place in the County. PART II APPLICATION FOR FUNDS GENERAL INSTRUCTIONS Please submit an original and twenty-five (25) copies of your completed application (Pages xx- xx) and all supporting documents for consideration by the Collier County Tourist Development Council. Complete each item of each applicable section. DO NOT SKIP ANY INFORMATION THAT APPLIES TO YOUR EVENT. Please call the TDC Director at (239) 403-2384 with any questions. Be sure to have your Chief Official and Secretary sign the application on the last page. One copy of the following items is required and should be attached to your original application: ( ) Charter, Articles of Incorporation, By-Laws, Proof of Current Status (except government entities) ( ) Minutes of meeting authorizing officers to apply for these tourism tax funds ( ) IRS Determination Letter of non-profit status (except government entities) ( ) List of current Officers and Board members with terms and salaries, or mayor, City Council) ( ) Organizational Chart ( ) Copy of financial statement of your most recent fiscal year (except government entities) ( ) Proof of Liability Insurance ( ) Letters of Commitment from co-sponsors Name of Preparer: (Please Print) Signature of Preparer COLLIER COUNTY GOVERNMENT TOURIST DEVELOPMENT COUNCIL GRANT APPLICATION SPECIAL CATEGORY "C" MUSEUM GRANT I GENERAL INFORMATION To assist us in evaluating the impact your project may have on Collier County and to better understand what support you are requesting, the following questions must be answered in full. (1) NAME OF ORGANIZATION (2) NAME OF PROJECT (3) PROJECT INFORMATION: STREET ADDRESS: (4) CONTACT PERSON (5) COMPLETE ADDRESS OF ORGANIZATION: STREET CITY ST__ZIP PHONE: FAX: (6) ORGANIZATION'S CHIEF OFFICIAL: TITLE: PHONE: FAX: ( 7 ) TYPE OF APPLICANT: ( ) NON-PROFIT ( ) FOR-PROFIT ORGANIZATION (8) GRANT AMOUNT REQUESTED: $ (9) MATCH/LOCAL COST SHARE AMOUNT: $ Address if different from above: ( )GOVERNMENT AGENCY (10) PROJECT TYPE (CHECK ONE) ( ) MUSEUM GENERAL OPERATING SUPPORT ( ) MUSEUM EXHIBIT ( ) ARCHAEOLOGICAL SITE SURVEY ( ) ACQUISITION & DEVELOPMENT ( ) COMMUNITY EDUCATION PROGRAM ( ) HISTORIC RESTORATION ( ) EDUCATIONAL MATERIALS ( ) HISTORIC SITE DESIGNATION ( NATL REGISTER OF HISTORIC PLACES) ( )HISTORICAL MARKER ( ) OTHER (I 1) IF ENTIRE REQUEST CANNOT BE FUNDED, MAY THE PROJECT BE RESTRUCTURED FOR LESS FUNDING? ( ) YES ( ) NO 12. PROJECT DESCRIPTION: describe in detail the project for which funding is requested FEB 2 5 2.003 13.. VISUAL PLAN FOR PROJECT: Provide a 3x5 photograph, drawing, or conceptual view of the property, site or exhibit. 14. ANNUAL MAINTENANCE: What is the anticipated cost of annual maintenance of the historic property, site, marker, exhibit or program upon completion of the project? Who will be responsible for annual maintenance and what is the source of on-going funding? 15. APPLICANT'S GRANT HISTORY: Have you received previous grant assistance fi.om the Collier County Tourist Development Council? If so, specify the year, the project name and the amount of the grant awarded. YEAR PROJECT NAME PREVIOUS GRANT AMOUNT $ If you have previously received funding from the TDC, please attach a copy of your FINAL STATUS REPORT including attendance, economic impact and other information that will enable the TDC staff and review committee to evaluate your prior experience. 16. How long will it take you to complete this project? FEB 2 5 2O03_ 17. MATCHING RESOURCES: List the sources and amounts of confirmed matching funds. LOCAL SHARE OTHER FUNDING SOURCES: $ $ $ TOTAL MATCHING FUNDS: $ 18. Provide a brief explanation of the Direct Economic Impact this project will have on the surrounding community. 19. What is the current or anticipated annual visitation to your project/facility? II DETAILS ON YOUR ORGANIZATION: In narrative form please describe your organization in the following areas. Use a separate sheet to complete these questions in detail. (1) What are your organization's goals and objectives? ~ (2) What services does your organization provide? (3) How will your organization monitor expenditure of funds? (4) How will your event bring additional visitors and hotel room nights to Collier County? (5) What is your organization's experience in managing sponsorships and grants? (6) What is your organization's current annual operating budget? $ PROJECT BUDGET RECAP INCOME SOURCES: TOURIST DEVELOPMENT TAX REQUEST $ ADDITIONAL FUNDING SOURCES (Must equal or exceed TDC funding request) $ $ $ $ $ $ TOTAL ADDITIONAL FUNDS $ OTHER INCOME SOURCES 5; TOTAL OTHER INCOME $ TOTAL INCOME - ALL SOURCES $ PROJECT EXPENSES: Intended Utilization of Tourist Tax Funds Provide an itemized summary indicating the intended use of TDC funds. Please be as explicit as oossible, including intended publications~ promotional materials~ etc. and how much money will be expended for each catel~orv. Use additional sheets if necessary. $ $ $ $ $ $ Total Tourism Funds Utilized: Other Project Expenses $ $ $ $ $ $ Total Other Project Expenses TOTAL PROJECT EXPENSES Profit (Loss) FEB 2 5 2003 CERTIFICATION I have reviewed this Application for Funds from the Tourist Development Council for FY 2003-04. I am in full agreement with the information contained herein. To the best of my knowledge, the information contained in this Application and its attachments is accurate and complete. Chief Corporate Officer Date Seal Document Corporation Secretary Date Collier County Tourist Development Council Preliminary Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: TITLE: On an a_~t_~ehed sheet~ answer the following questions and attach it to _~our application. PRELIMINARY INFORMATION: Is this a first time project? If not, please give details of past projects. Do you anticipate using area hotels in support of your project? If so, what are the estimated hotel rooms nights generated by project? What is the estimated revenue generated by this project? What is the estimated number of participants expected to visit the project? ~ If project planning is in progress, what has been done, what remains to be done, and are there any problems? ~ If the project planning has not been started, why? ~ List any planned out-of-county advertising, marketing, and/or public relations that will be used in support of the project. Collier County Tourist Development Council Interim Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: TITLE: PHONE: On an att_~ched sheet, answer the folloudn.q q~_~st/ons to identif~ the status of the project. Submit this report at least quarter!~i. INTERIM - These questions will identify the current status of the project. After the TDC staff reviews this Interim Status Report, if they feel you are behind schedule on the planning stages, they will make recommendations to help get the project stay on schedule. Has the planning of this project started? At what point are you at with the planning stage for this project? (Percent of completion) Will any hotels/motels be utilized to support this project? If so, how many hotel room nights will be utilized? What is the total dollar amount to date of matching contributions? What is the status of the advertising and promotion for this project? Have your submitted any advertisements or printed pieces to the TDC staff for approval? Please supply a sample and indicate the ad schedule. ~ How has the public interest for this project been up to this point? Collier County Tourist Development Council Final Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: TITLE: PHONE: On an attached sheet, answer the followin.q questions [~or each e/ement in qour scope o.[ work. Final - These questions should be answered for your final status report. ~ ~ Was this a first time project? If not, how many times has this event taken place? ~ ~ What hotels/motels were utilized to support the project and how many? > > What is the total revenue §enerated for this event? ~ ~ Total expenses. (Have all vendors been paid) ~ ~ List the vendors that have been paid, if not, what invoices are still outstandin§ and why? ~ ~ What is the number of participants that visited the project? ~ ~ What is the percenta§e of the total participants from out of Collier County? ~ ~ What problems occurred if any during the project event? ~ List any out-of-county- advertising, marketing, and/or public relations that were used to support the project and attach samples. ~ How could the project been improved or expanded? FEB 2 5 2003 Collier County Tourist Development Council PLEASE INCLUDE THIS CHECKLIST WITH YOUR FINAL SUBMISSION TO INSURE THAT ALL REQUESTED DOCUMENTS ARE INCLUDED. D D D D PLEASE ATTACH ONE COPY OF EACH OF THE FOLLOWING ITEMS TO YOUR ORIGINAL APPLICATION FOR OUR FILES: (It is not necessary to provide a copy of these items with the 25 copies.) Charter, Articles of Incorporation, By-Laws, Proof of Current Status, i.e. Annual Report on file with the Secretary of State - Except Government entities. Minutes of meeting authorizing officers to apply for these tourism funds. IRS Determination Letter - Except Government entities. List of current officers and board members, indicating terms, or mayor, City Council, etc. D D Organization Chart Copy of financial statement for the most recently completed fiscal year - Except Government entities. Letters of commitment from co-sponsors; Income and expense details Signed by Chief Officer and Secretary. Name of Preparer: IPrintl Signature of Preparer: FEB 2 5 2003 INTERVIEW QUESTIONS 1. Tell us a little about yourself and your work experience. 2. Why do you feel this position would be appropriate for you? 3. Are you able to maintain a positive, pleasant and professional attitude under pressure? 4. Would you have a problem performing additional duties, which are not listed in the job description? 5. What have you used MS Office software for in previous positions. 6. What office machines and equipment are you capable of operating? 7. Have you had any experience filing documents in alphabetical and numerical sequence? 8. IfI were to contact your previous or current supervisor, how would they describe your work ethic and time management skills? FEB 2 5 2003 EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLATS OF ,,PELICAN MARSH UNIT THREE (PHASES ONE AND TWO)" OBJECTIVE: To grant final acceptance of the infrastructure associated with those subdivisions known as ,'Pelican Three, Phases One and Two" improvements Marsh Unit CONSIDERATIONS: 1. On March 6, 1995, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in ,,Pelican Marsh Unit Three, Phases One and TWO" . 2. The roadway and drainage improvements will be maintained by the project's Community Development District. The water and sewer improvements will be maintained by the County. 3. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by Transportation Services and Public Works Utilities. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's Community Development District. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact. AGEITIDA ITEM ..-- FEB 2 5 2003 I Executive Summary Pelican Marsh Unit Three, Phases One and Two Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in ,,Pelican Marsh Unit Three, Phases One and Two" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Engineering Review Senior Engineer Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director / County Engineer DAte APPROVED BY: o°gep-h-~. S~chmi~inist rat or munity Dev. and Environmental SVCS. FEB 2 5 2003 FEB 2 5 1 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 35 36 37 38 39 40 41 42 43 45 46 47 48 49 51 52 55 57 58 59 60 61 RESOLUTION NO. 03- RESOLUTION TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN PELICAN MARSH UNIT THREE (PHASES ONE AND TWO), RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT WHEREAS, the Board of County Commissioners of Collier County, Florida, on June 5, and September 6, 1994 approved the plats of Pelican Marsh Unit Three Phases One and Two respectively for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County ordinance No. 97-17); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security;, and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements in Pelican Marsh Unit Three, Phases One and Two, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Pelican Marsh Community Development District. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN Approved as to form and legal Patrick G. White Assistant Collier County Attorney E~C~IVESUMMARY FINAL ACCEPTANCE OF W]%TER UTILITY FACILITIES FOR VISTA GARDENS OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water facilities. CONSIDERATIONS: 1) The Developer of Vista Gardens, has constructed the water facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on April 13, 2001, in accordance with Ordinance 2001-57. 3) Staff has recorded all appropriate legal documentation which had been reviewed by the County Attorney's office for legal sufficiency. 4) The water facilities have been operated and maintained by the Collier County Water-Sewer District during the one 1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), in the form of Cash Bond, in the amount of $1,684.00, will be released to the Project Engineer or the Developer's designated agent upon the Board's approval. 7) Water Facilities have been reviewed by Roy Anderson of Public Utilities. He has approved Executive Summary for Final Acceptance via email dated February 3, 2003. FISCAL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water facilities will be paid by monthly user revenues. FEB 2 5 2003 Executive Summary VISTA GARDENS Page Two GROWTH M~GE~ IMPACT: This project has been connected to the County Regional Water Treatment Plant. Capacity presently exists to serve this project. RECOMMENDATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water facilities for Vista Gardens, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Sherry ~aton, Engineering Technician Engineering Services 02/10/03 Date REVIEWED BY: ~ Thomas E. Kuck, P.E. Engineering Serv±ces Director/County Engineer 02/10/03 Date APPROVED BY: / /~'J~~t rater /nity Development And Environmental attachme ]nt s Services Da~e FEB 2 5 2003 ,,. 2.. FEB 2 5 2003 PI-__ ," .' i,O ?o.:oo- AUthorized ,' ].O ],OO r.,q' FEB 2 5 2003 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt I Trans Number Date PostDate I Payment Slip Nbr 257783 04/13/2001 12:10:54 PM 04/13/2001 MS 84113 JOHN MAGOCS JTM MANAGEMENT VISTA GARDENS Payor' CITIZEN COMM BK/MAGOCS Fee Information Fee Code ~ Description /GL Account Amount Waived 12BOND DEPOSITS-COMM DEV (CASH BOND)67000000022011300000 $270.00 12BOND DEPOSITS-COMM DEV (CASH BOND)67000000022011300000 $1414.00 Total $1684.00 Payments i Payment Code i Account/Check Number Amount ] CHECK 12656 $270.00 '[CHECK i 12624 $1414.00 Total Cash $0.00 Total Non-Cash $1684.00 Total Paid I $1684.001 Memo: Collier County Board of County Commissioners CD-Plus for Windows 95/NT Cashier/location: FROLOFF_E / 1 User: NIX_S Pdnted: EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF ,,CARLTON LAKES UNIT NO. 1" OBJECTIVE-. To grant final acceptance of the infrastructure improvements associated with that subdivision known as "Carlton Lakes Unit No. 1" CONSIDERATIONS: On December 6, 1996, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Carlton Lakes Unit No. 1". o The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. o The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by Transportation Services and Public Works Utilities. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact. FEB 2 5 2OO3 pg. ~ Executive Summary Carlton Lakes Unit No. 1 Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Carlton Lakes Unit No. 1" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsw0rth, Senior Engineer Engineering Review REVIEWED BY: ~.~ ~t Thomas E. Kuck, P.E. Engineering Review Director / County Engineer Date D'a't ~ APPROVED BY: Svcs. Date FEB 2 5 2003 i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 48 49 51 52 53 55 57 59 60 RESOLUTION NO. 03- RESOLUTION TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN CARLTON LAKES UNIT NO. 1, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE CARLTON LAKES HOMEOWNER'S ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on April 23, 1996 approved the plat of Carlton Lakes Unit No. 1 for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security;, and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements in Carlton Lakes Unit No. 1, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Carlton Lakes Homeowner's Association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS CO! J.mR COUNTY, FLORIDA TOM HENNING, CHAIRMAN Approved as to form and legal sufficie~~ Patrick G. White Assistant Collier County Attomey FEB 2 5 2003 EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "CARLTON LAKES UNIT NO. 2" OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that subdivision known as ,,Carlton Lakes Unit No. 2" CONSIDERATIONS: 1. On December 6, 1996, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Carlton Lakes Unit No. 2". 2. The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. 3. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by Transportation Services and Public Works Utilities. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact. FEB, . 2 J5 2003 Executive Summary Carlton Lakes Unit No. 2 Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Carlton Lakes Unit No. 2" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: R. Houldsworth, Senior Engineer Engineering Review Thoma~ E. Kuck, P.E. Engineering Review Director / County Engineer Date D'at~ APPROVED BY: Joseph'. S-~st rator Commu~y Dev. and Environmental Svcs. Efat% FEB 2 5 2003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 48 49 51 52 53 55 56 57 59 RESOLUTION NO. 03- RESOLUTION TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN CARLTON LAKES UNIT NO. 2, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE CARLTON LAKES HOMEOWNER'S ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on August 4, 1998 approved the plat of Carlton Lakes Unit No. 2 for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security;, and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, F/_~RIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements in Carlton Lakes Unit No. 2, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that axe not required to be maintained by the Carlton Lakes Homeowner's Association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLI.~R COUNTY, FLORIDA By:. TOM HENNING, CHAIRMAN Approved as to form and legal suffici~0 Patrick G. White Assistant Collier County Attorney nc, ro~A rCE~ ('~ FEB 2 5 2003 EXECUTIVE SUMMARY RECOMMENDATION TO AUTHORIZE THE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION TO ENTER INTO CONTRACT NEGOTIATIONS WITH THE BUREAU OF SURVEYING AND MAPPING OF THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION TO HAVE SECOND ORDER VERTICAL CONTROL ESTABLISHED THROUGH GOLDEN GATE ESTATES. OBJECTIVE: To establish a Second Order vertical control benchmark network in Golden Gate Estates. CONSIDERATIONS: At the Collier County Board of Commissioners and City of Naples City Council joint meeting held on January 7, 2003, staff from Collier County, the City of Naples and Tomasello Consulting Engineers (TCE) briefed the Board and City Council on the impact of the FEMA Flood Insurance Maps and the ongoing Appeals Resolution process. As a result of that presentation, staff was directed to not accept the current maps and in cooperation with the City of Naples to subsequently contract with TCE, Inc. to initiate a detailed flood insurance rate map (FIRM) restudy to improve the accuracy of the proposed maps concentrating specifically on the coastal restudy. In addition, staff was directed to initiate actions to establish elevation benchmarks in the Estates to support any future Letter of Map Amendments (LOMA) or Letter of Map Revisions (LOMR) that may have to be initiated by the residents of Golden Gate. This separate but related initiative is intended to establish elevation benchmarks within Golden Gate Estates. The proposed but disputed revisions to the Flood Insurance Rate Maps (FIRM) for Collier County by the Federal Emergency Management Agency (FEMA) have put a large portion (60 sq. mi.) of Golden Gate Estates into an unnumbered "A" Zone. This means that homes with mortgages could be required to purchase flood insurance at approximately the rate of $1,000 per year per $100,000 worth of mortgage. There are, at present, about 5,000 units in the affected area (see attachment 2), and will be 20,000 units at buildout. Regardless of the outcome of the FIRM appeal resolution process, there is little to no reliable vertical control in the area to make slab elevation surveys practical. The elevation benchmarks established under this initiative are needed to more efficiently and effectively establish the required slab elevations and will serve as critical reference and registration points for future Geographical Information Systems (GIS) applications. Florida Department of Environmental Protection (FDEP) working for the National Geodetic Survey (NGS), an arm of the National Oceanic and Atmospheric Administration (NOAA) recently established a First Order Control Loop around the study area along 1-75, CR 951, CR 846, CR 858, and SR 29. (see attachment 3) FEB252003 Pg., Second Order Control would be set by FDEP Bureau of Surveying and Mapping with Collier County sharing the cost. The terms "First Order" and "Second Order" refer to the procedures used during the survey and the resultant accuracy of the results, either horizontally or vertically. A summary of Orders, methods and Standards is attached. For example, using Second Order standards, a survey loop of 15 km. (10 miles) must close to within 31 mm. (1.22 in.). The roads slated for control are: Everglades Boulevard, Golden Gate Boulevard, a portion of 18th Ave. N.E., Oilwell Road (CR 858), and most of DeSoto Blvd, for a total of about 50 miles. The exact length will be determined during the contract negotiation. (see attachment 3). The County's share of the cost would be about $1,000 per mile. FISCAL IMPACT: The total cost of the benchmark network would be around $50,000 unless the scope is increased or decreased, but the savings to the citizens of Golden Gate Estates could be in the millions of dollars per year. The cost will come out of Fund 111 Reserves. The Transportation Division has need of a vertical control network in the Estates for canal and swale maintenance. GROWTH MANAGEMENT IMPACT: None. ENVIRONMENTAL ISSUES: None. HISTORICAL/ARCHAEOLOGICAL IMPACT: None. EAC RECOMMENDATIONS: Not required. CCPC RECOMMENDATIONS: Not Required. ENGINEERING REVIEW SERVICES STAFF RECOMMENDATIONS: That the Board of County Commissioners authorize the Community Development an, Services Division to negotiate a contract with FDEP Bureau of Surveying and Mappi Vertical Control Network through Golden Gate Estates. PREPARED BY: STAN CHRZANO~WSKI, P.E. ENGINEERING SERVICES MANAGER DATE REVIEWED BY: THOMAS E. KUCK, P.E. ENGINEERING SERVICES DEPARTMENT DIRECTOR DATE APPROVED BY: JQ~i~PH K. SC~IMI~T, ADM~INISTRATOR C~MMUNITY DEV. AND ENVIRONMENTAL SVCS. _~/, ~,./_~_~ DATE 59.731 EX SUMMARY/SC/H/EAB Exec. Summ. FEll 2 5 2003 P~.~ W~st~rn Collier Countu Florida IATTACHMENT 21 "- I11 0 U1 IU W~st~rn Collier Countg Florida 0 I,fl I- BI RzsE I ~-ATTACHMENT ~1 FEB 5 2003 EXECUTIVE SUMMARY APPROVAL OF AN INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE CITY OF NAPLES TO ADMINISTER CONTRACTS WITH TOMASELLO CONSULTING ENGINEERS, INC., FOR ENGINEERING SERVICES RELATED TO FLOOD INSURANCE RATE MAPS (FIRM) RESTUDY AND APPEAL. OBJECTIVE: Board approval an interlocal government agreement to govern the oversight of a City contract with Tomasello Consulting Engineers, Inc. for engineering services to initiate a flood insurance restudy to improve accuracy of the proposed maps concentrating on the coastal restudy and a separate but related study within Golden Gate Estates, known as the Sheet 2D study. CONSIDERATIONS: In December of 1996 a Coastal Flood Insurance Study was performed for Collier County and incorporated areas by a Federal Emergency Management Agency (FEMA) Study Contractor, Engineering Methods and Applications, Inc. (EMA). In December of 1998 the preliminary Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) were issued. Collier County raised concerns regarding aspects of the technical analyses and hired a coastal engineering consultant, Tomasello Consulting Engineers, Inc. (TCE), to review the preliminary FIS and FIRM. The review process generated a number of reports, clarifications and letters with conflicting opinions as to the methodology and findings of the FIS. Specific issues of concern related to the frequency of storm occurrence and the most appropriate approach to determining wave setup at this location. In May of 2001, Baird, under subcontract to Dewberry and Davis, carried out a review of the preliminary FIS and the technical documentation provided by Collier County's representative, Tomasello Consulting Engineers in a report by Baird entitled "FEMA FIS Update for Collier County, Florida". In December 2001 Collier County formally appealed the coastal analyses presented in the preliminary FIS, summarizing a number of technical concerns in a December 2001 report prepared by TCE entitled "Appeal of Flood Insurance Restudy (RFIS) Proposed Base Flood Elevation for Collier County and City of Naples". On September 25, 2002 staff met with representatives of FEMA to discuss the appeal of the revised FEMA flood insurance rate maps. On October 26, 2002 Collier County submitted comments in response to the review of our recently filed appeal to meet the requirements of the next step in the appeal resolution process. At the Collier County Board of Commissioners and City of Naples City Council joint meeting held on January 7, 2003, staff from Collier County, the City of Naples and TCE briefed the Board and City Council on the impact of the FEMA Flood Insurance Maps and the ongoing Appeals Resolution process. As a result of that presentation, staff was directed to not accept the current maps and in cooperation with the City of Naples to subsequently contract with Tomasello Consulting Engineers, Inc. to initiate a detailed flood insurance rate map (FIRM) restudy to improve the accuracy of the proposed maps concentrating specifically on the coastal restudy and the "Sheet 2D" area of the Golden Gate Estates. Regarding the "Sheet 2D" study, staff is recommending that both the preparations and submittals required under Appendix M of "Guidelines and Specifications for Flood Hazard Mapping Partners", February 2002 and for work specified for the hydrologic analysis in Appendix C of "Guidelines and Specifications for Flood Hazard Mapping Partners" be performed to ensure that all the required scientific and engineering data analysis is conducted in support of the appeal resolution process involving the Golden Gate Estates and surrounding areas. ~A l'rg.M i.O FEB 2 5 2003 In addition, staff was directed to initiate actions to establish elevation benchmarks in the Estates to support any future Letter of Map Amendments (LOMA) or Letter of Map Revisions (LOMR) that may have to be initiated by the residents of Golden Gate. Funding related to the necessary survey work for these benchmarks is contained in a separate Executive Summary. FISCAL IMPACT: The estimated cost for Tomasello Consulting Engineers, Inc. to initiate a flood insurance rate map (FIRM) restudy for the coastal area is $235,000; 80% or $188,000 funded by Collier County and 20% or $47,000 funded by the City of Naples. The estimated cost for the Appendix C/M compliance work for that portion of the appeals resolution process pertaining to Golden Gate, known as the Sheet 2D Study, is estimated to be no less that $10,000 and no greater that $20,000 for the Appendix "M" restudy and no less that $20,000 and no greater that $35,000 for the Appendix "C"; funded totally by Collier County. The Appendix C and M studies will be performed on a Cost plus basis due to the undetermined nature and extent of the study. Total cost assessed to Collier County for both studies will be no greater than $243,000. The Funding for this project is available in Fund 111 Reserves. GROWTH MANAGEMENT IMPACT: None directly, although accurate floodplain information is vital to finalizing the appeal process regarding FEMA's Flood Insurance Maps, for land use planning purposes, emergency management planning, preparing recommendations on intensity and densities of various types of construction, effective storm water management and protection of natural resources. RECOMMENDATION: That the Board of County Commissioners approve the interlocal governmental agreement with the City of Naples to formalize a contract authorizing Tomasello Consulting Engineers, Inc. to initiate a flood insurance rate map (FIRM) restudy for the coastal area and the Golden Gates Estates and authorize all necessary budget amendments. SUBMITTED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: ministrator -7'*~ ~,,'~~ Date: 2,,// ~?.J 0 ? I.,~ es Turner, Collier County FEMA Coordinator / "~'~ i' "~"" i'/1/itC(Il Date:~ ]i -'Fl P'atrick G.k'White, )kssistant County Attorney '" ' /' /..., . . _. ' S[an'h-~"rzan~s[i'i .S~ior Civil Engineer, Engineering Services Department Date: HP~Y/ ~, FEB 2 § 2003 INTER-LOCAL AGREEMENT THIS AGREEMENT, made and entered into this day of , 2003 by and between the Board of County Commissioners, Collier County, Florida, a political subdivision of the State of Flodda, hereinafter called the "COUNTY' and the City of Naples, Flodda hereinafter called the "CITY.' WITNESSETH WHEREAS, the Interlocal Cooperation Act of 1969, set forth in Chapter 163, Florida Statutes, authorizes the joint exercise of any power, privilege or authority which the public agencies involved herein might exercise separately; and WHEREAS, the COUNTY, in cooperation with the CITY wishes to engage the services of Tomasello Consulting Engineers (TCE), hereinafter called the "CONSULTANT' to further the appeals resolution process and to prepare a restudy of FEMA's 1998 proposed Flood Insurance Study (FIS) (flood maps) for COLLIER COUNTY, hereinafter referred to as "PROJECT," and WHEREAS, the CITY proposes to engage said CONSULTANT in regard to similar services; and WHEREAS, the COUNTY desires to compensate and have the CITY, on behalf of the COUNTY, engage said CONSULTANT for the PROJECT; and WHEREAS, the CITY is agreeable to and desirous and capable of performing, providing, or otherwise undertaking such services for COUNTY in connection with the PROJECT; NOW, THEREFORE, in consideration of the promises and mutual covenants hereinafter contained, the CITY hereby agrees to perform, provide, or otherwise undertake said services in connection with the PROJECT as outlined below, and both the COUNTY and the CITY hereby covenant each to the other to implement the PROJECT concurrently subject to the terms and provisions as hereinafter contained. SECTION I. DESCRIPTION OF SERVICES TO BE PROVIDED: A. UNDER RESTUDY PROJECT: BEFORE STORM SURGE CALIBRATION RUNS 1.01 1.03 1.04. 1.05 Develop coastal maps displaying topography, bathymetry, physical features, landuse, landcover, etc. applicable to model applications for storm surge analysis. Setup and map grid networks (coarse and fine) for storm surge model inputs. Prepare other inputs including channel locations and parameters. Summarize historical flooding, shoreline erosion/flooding assessment. Prepare tidal data for use in coastal analy~es and model calibration. Prepare storm climatology and develop probability distributions. BEFORE OPERATIONAL RUNS 1.06 Develop maps showing parameters related to model inputs, barriers, and inlet geometries. 1.07 Input files prepared for operational runs. 1.08 Sensitivity storm calibrations evaluating effects of friction, wind stress, etc. AE, ENOA ITEM FEB 2 5 2003 1~09 Tide and storm calibration results summarized. 1.10 Summarize any changes to model. BEFORE OPERATIONAL WAVE ELEVATION DETERMINATION MADE 1.11 Detail PROBS results in interim report. 1.12 Map storm surge/astronomical tide flooding results. 1.13 Map wave transects, provide details of WHAFIS inputs. BEFORE WAVE ELEVATION DETERMINATIONS ARE MAPPED 1.14 Wave transect calculation 1.15 Final Report Storm Climatology and Storm Windfield Methodology Hydrodynamic Storm Surge Model Calibration and Verification of Hydrodynamic Storm Surge Model Statistical Methodology Computer Program documentation Wave Height, runup and erosion analysis 1.16 FIRMs Prepared B. GOLDEN GATE SHEET 2D APPEALS RESOLUTION 1.01 Complete Appendix C/M compliance work for that portion of the appeals resolution process pertaining to Golden Gate, known as the Sheet 2D Study, on behalf of the County. SECTION II. TERMS 2.01 Except as this Agreement may otherwise be terminated, this Agreement shall remain in full force from the date first above written and shall terminate upon the completion of the services and responsibilities performed by the COUNTY and the CITY to each other's reasonable satisfaction which shall be evidence in writing. 2.02 The COUNTY or CITY may terminate this Agreement with reasonable cause prior to the completion of the PROJECT, upon thirty (30) days prior written notice each to the other. In the event of such termination by either party, the COUNTY shall be entitled to compensation for the value of services provided, and termination costs as actually incurred. 2.03 The PROJECT as proposed shall be primarily maintained by the CITY or its assigns. SECTION IlL CITY'S RESPONSIBILITIES 3.01 The CITY shall assume the entire responsibility for contracting with the CONSULTANT. 3.02 3.03 The CITY shall be responsible for, the means, methods, techniques, sequences and procedures relating to the PROJECT. The CITY agrees to assign a representative or agent to the PROJECT during the term of the PROJECT so that the COUNTY may effectively coordinate its services with CITY. In this respect, the CITY agrees to require its representative or agent to attend regular progress meetings as may be requested by the COUNTY. The CITY'S representative or agent under this Agreement shall be any individual, firm or entity that the CITY recommends to the COUNTY and the COUNTY henceforth approves. AGE~A ITEM .o. FEB 2 5 2003 3.05 Moreover, the CITY'S representative or agent under this Agreement, shall act as CITY'S contract authority under this Agreement and any directions, instructions, or notifications given such representative or agent by the COUNTY or by the COUNTY'S authorized representative or agent shall be in full force as if given directly to the CITY. The above notwithstanding, the COUNTY shall endeavor to issue directives, instructions or notifications relating to the PROJECT directly to the CITY. Administrate, in the form of plans, memoranda, reports. PROJECT clarifications and changes which may be necessary during the PROJECT. If any such changes directly affect the COUNTY, the CITY shall notify the COUNTY'S representative, and if the COUNTY approves such changes in writing, the CITY shall forthwith prepare Change Order and/or Supplemental Agreement documents as appropriate. The above notwithstanding, the COUNTY additionally authorizes the CITY to prepare, execute and implement minor Change Orders for work changes necessitated by the PROJECT so long as the contract amount authorized by this Agreement is not exceeded. Obtain required waivers and releases of claim of lien from persons and firms performing work or providing services on or for the PROJECT, SECTION IV. COUNTY'S RESPONSIBILITY 4.01 With respect to specific services to be provided to the CITY by the COUNTY under the terms of this AGREEMENT, the services are deemed to include but shall not necessarily be limited to the following items: 4.02 In the event that the COUNTY should require additional services as necessary and mutually agreed upon by COUNTY and CONTRACTOR under this Agreement, and which would exceed the contract sum of $235,000. Change Orders and/or Supplemental Agreement documents for this Agreement must be issued by the COUNTY for said additional services, and shall be authorized in writing signed by both the COUNTY'S representative and the CITY. 4.03 Reimbursement of a portion of the actual costs of the PROJECT up to and including the sum of $188,000 with the understanding that the CITY shall share in the cost of the PROJECT in the amount of $47,000. 4.04 Regularly and periodically examine, with the CITY or CITY'S representative, requests for payment (monthly pay estimates) as submitted to the COUNTY by the CITY'S contractor to determine that they are in order for payment and consistent with the contract documents entered into between the COUNTY and the CITY. VVhen such requests are deemed to be in proper order the COUNTY shall certify that to the best of its knowledge, the quality and quantity of work performed is in accordance with the PROJECT services and shall transmit them for payment to the COUNTY Finance Director as part of the monthly payment processes for the PROJECT. 4.05 Notify the CITY if the COUNTY'S contractor's performance is or appears to be behind schedule with regard to the PROJECT. Upon completion of all work associated with the PROJECT, including all Change Orders and Supplemental Agreements thereto, make a final review of the PROJECT with the CITY'S agent or representative. SECTION V. INSURANCE .,,. FEB 2 5 2003 J I 6.01 The COUNTY and the CITY shall maintain insurance in the minimum amounts and types as required by Flodda Law. 5.02 The COUNTY and the CITY agree that either party may be self-insured on the condition that all self insurance(s) must comply with all state laws and regulations and must meet with the approval of the other party to this Agreement. SECTION VI. REPRESENTATIVES 6.01 The Collier County Community Development and Environmental Services Administrator, or their designee, either directly with the CITY or through duly authorized representatives assigned to the PROJECT by them, shall act as the COUNTY'S contract authority and representative under the Agreement. SECTION VII. MUTUAL COVENANTS 7.01 The COUNTY shall pay unto the CITY the amount of COUNTY'S cost of services pursuant to Article 4.01 and 4.02 above. SECTION VIII. MISCELLANEOUS 8.01 This Agreement shall be govemed by and constructed under the laws of the State of Florida. In the event any litigation is instituted by way of construction or enforcement of this Agreement, the party prevailing in said litigation shall be entitled to collect and recover from the opposite party all court costs and other expenses including reasonable attorney's fees. 8.02 It is understood that this Agreement must be executed by both parties prior to the CITY and the COUNTY commencing with the work and services described heretofore. 8.03 This Agreement contains the entire understanding between parties and modifications to this Agreement shall be mutually agreed upon in writing by the CITY or it's designee and the Development Services Director or their designee. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Dated: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA By:. By: Deputy Clerk Tom Henning, Chairman Board of County Commissioners Approved as to form and legal sufficiency: David C. Weigel, County Attorney ATTEST: CITY OF NAPLES TARA A. NORMAN, Clerk By: Tara A. Norman, Clerk FEB 2 5 2003 By: Bonnie R. MacKenzie, Mayor Date: Approved as to form and legality: By:. Robert D. Pritt, City Attorney ~_/~, o FEB 2 5 2003 EXECUTIVE SUMMARY REQUEST BOARD APPROVAL FOR THE LANDSCAPE MAINTENANCE AGREEMENT WITH KEITH BASIK AND JEFFREY BASIK, PRINCIPALS OF NAPLES BIG CYPRESS, INC. FOR THE FUTURE LANDSCAPING AND MAINTENANCE ON BASIK DRIVE. OBJECTIVE: To request Board approval for the landscape maintenance agreement with Keith Basik and Jeffrey Basik, principals of Naples Big Cypress, Inc. for future landscaping and maintenance along the medians on Basik Drive, a county road. CONSIDERATIONS: Collier County Transportation has reviewed the landscape and irrigation plans for Basik Drive. Keith Basik and Jeffrey Basik, principals of Naples Big Cypress, Inc. are responsible for the installation and all future maintenance on county road, Basik Drive, according to the agreement. ~'-~FISCAL IMPACT: There is no fiscal impact to the County. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve the landscape maintenance agreement with Keith Basik and Jeffrey Basik, principals of Naples Big Cypress, Inc. for landscaping installation and future maintenance along the right-of-way of Basik Drive. Pa ~Lulich, ASLA, Landscape Project Manager, Altemati ep_ortal io_n~di~s~ ...~/,/: c~DA TE: ~ ~.__~_~~ APPROVEDBY:""'VI' \. TransDATE:V-~/~--/v~/ Norman/. Feder, AICP, Transportation Administrator Attachments: No. 1 - Landscape Maintenance Agreement Exhibit "A" - Right of Way Grounds Maintenance Specifications Exhibit "B" - Landscape & Irrigation Plan FEB 2 5 2003 pg. I - LANDSCAPE MAINTENACE AGREEMENT AMOUNG COLLIER COUNTY AND KEITH BASIK AND JEFFREY BASIK THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this __ day of ,2003 by and between COLLIER COUNTY, FLORIDA, a political subdivision of thc State of Florida (hereinafter referred to as "County") whose mailing address is the Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida 34112, and Keith Basik and Jeffrey Basik (hereinafter referred to as "NBC") whose mailing address is 720 Goodlette Road, Suite 305, Naples, Florida for the landscaping improvements and landscape maintenance of the medians located on Basik Drive. WITNESSETH: WHEREAS, this section is within the boundaries of the County; and WHEREAS, the right-of-way line of this section borders on the property of Keith Basik and Jeffrey Basik, principals of Naples Big Cypress, Inc. (hereinafter referred to as "NBC"), and WHEREAS, NBC desires to maintain the enhanced landscaping for an indefinite period of time; and WHEREAS, it is agreed to by the County and NBC, that this Agreement is in the best interest of, and is substantial benefit to, the general public. NOW, THEREFORE, in consideration of the above premised and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in further consideration of the mumai covenants contained herein, it is agreed by the parties as follows: 1. NBC has, at its own expense, completed the design work for the landscaping, including irrigation lines and drainage facilities, in accordance with Florida Department of Transportation standards, for the median section of the right-of-way. 2. In general, NBC has installed landscaping in the medians along Basik Drive and has paid for all costs associated with the project including construction and installation. NBC shall be responsible for maintenance of the said landscaping. Maintenance activities shall be in accordance with the standard Collier County Landscape right of way specifications, as detailed in the attached Exhibit "A". 3. NBC expressly agrees not to use the hereinafter-described right-of-way in a manner, which would interfere with or adversely affect the traffic operation or maintenance of Basik Drive. approved plans and specifications, the County may provide notice to NBC Should NBC fail to maintain the improvements in accordance with County / FEB 25 2003 specifying the nature of the deficiency in maintenance. Within five (5) working days of receipt of such notice, NBC shall cause the appropriate repairs to be effected, at no cost to the County. In the event damage to, or failure to maintain, the improvements results in a situation where public safety is at risk, the County may, at its option, effect repairs to the improvements itself, without the need for prior notice to NBC, and present the bill to the NBC for all actual costs incurred in effecting the repairs. NBC shall pay these actual costs to the County within thirty (30) days of receipt of the County's bill. 5. NBC, as it pertains to initial construction and maintenance as Indemnitor hereunder, shall indemnify and save harmless the County as Indemnitee hereunder, bom any loss or damages Indemnitee may suffer as a result of claims, suits, demands, losses, fines, penalties, interest, expenses, costs, or judgments, including attorney's fees and costs of litigation, arising out of NBC's use of the fight-of-way for the purposes set forth in this Agreement 6. Indemnitee agrees to give Indenmitor written notice of any claims filed against the County in connection with this Agreement within thirty (30) days of the date that the County is aware of such claim. 7. Prior to commencing work on any improvements contemplated by this Agreement, NBC must obtain a right-of-way permit from the County which shall address, among other things, the timing of the work, maintenance of traffic flow during construction, and the permissible lane 'closures, if any, during the time that work is performed. NBC shall be responsible for having permit duly executed by Keith or Jeffrey Basik in their individual capacity, unless title to folio ~00763520005 transfers to NBC. 8. This Agreement shall remain in full force and effect from the date it is recorded in the Public Records of Collier County, Florida and until the earliest to occur of either (i) the County implements any plan that modifies Basik Drive, or (ii) the County detem-dnes that the improvements cause a safety or operational concern. 9. This Agreement shall be effective upon recording in the Public Records of Collier County, Florida, and the benefits and burdens established herebY shall inure to and be the obligation of the parties and their respective heirs, successors or assigns. 10. This Agreement constitutes the entire understanding among the parties and any previous agreements, whether written or oral, are superseded by this Agreement. 11. This Agreement may only be amended by written agreement of all parties. 12. Provided the landscaping and construction has not commenced, the County may terminate this Agreement at any time by giving NBC sixty (60)days writtexi notice. 13. of Florida. This Agreement shall be governed in accordance with the laws of the State FEB 2 5 21 3 IN WITNESS 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 written above. DATED: A'I'TEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FL By:. Tom Henning, Chairman By: Printed name and title Printed name and title AGEND~ ITEM No.A C/ FEB 25 2003- EXHIBIT "A" RIGHT OF WAY GROUNDS MAINTENANCE SPECIFICATIONS These specific~ons are'intand~ to provide thc infommfion by which private ~nfities may undm~mnd the minimum requirements of Collier County rela~ve ~n ~.~in~ C~unty right-of-ways. P. ecords of all specification requJrern~nts ~h~l] be kept and made avniiable to the County's r~pr~smatative upon request MOWING AND EDGING ',... Mowing amd edging ~ include medians as ~n ms those areas, if exisl+ag, alomg the out~ide eclgg of the sidew~]~ of a~acent properties. Ail turf shall be mowed with rn,]!eh~ng type mower equipment to el/rrr~ate the need to bag ~nd transport gross clippings. Should baggiug be necessary, the bagged ctippiugs sh~l! be collected and removed at no additional cost Grass shall be cut at a height of three and one half inches (3 ~"). The frequency of cutting will be weekly or fifty-two (52) times. Mechanical edging of the tuff shall be done with each mowing along ail sidewaIk edges, back of concrete curbs, around all pIant beds, utility service boxes, s~eet hght bases, sign posm, headwalls, guardrails, timer pedestals, posts and trees. Metal blade edging is not pemaitted along plant bed and turf edges where sub-surface irrigation systems exist Mechanical metal blade, edgipg is pc, mitted along back of curbing. Grass.root r~m~ers extend~g mto the nmlched are~ shall be cut and'removed when the edging is pefform~-d Edg/ng will aJao be required in all turf areas around isolated trees, spunkier heads, valVe b'oJ;effstmabs, sign posts, ma~b?les, etc. where they, e,.x~t All debris on streets, sidewalk.~ or othe~ areas resulting from edging shall be removed. No herbicide shall Be used for edging. Ail sidewalk% curbmg and/or gutters shall be zleaned after each service. All sidewalk-~ shall be blown clean, but no clippmgs or other debris .~hall be blown or allowed to be deposited on other adjacent property or acc~rrnulate on right- of-way areas. Weeding of plant beds, sidewalk.~ (asphal~ concrete or pavers), guardrail bases, amd cuzb joims as well as other mulched areas by chemical and/or hand removal will be performed weeldy or as necessary to provide a weed free and well maintained area. C. GENERAL SITE PRUNING General sim pm~ing ~hall be defined as the prtm~g of my plant's foliage below a tea-foot (10') level. All groundcover~ shrubs, canopy trees and palm_~ up to a ten foot (I0') level, shall be inspected and prtmed on a weekly or am as needed basis, so to r~mi~ the proper or required heights for visl'bflity, vehicular movemm= purposes and desired shape or form as determined by County's representative. Prtming shall also include removal of waer sprouts, suckers and amy dead or diseased £oliage or branch,. Dumg the f~t week of October and April, ornamental grasses, such as F0tmtam grass, Florida C-ama or Fakahaw. hee grass ~h~ll be pruned in a pyramid shape to a twelve inch (12") or twenty-four inch (24") height based upon the type of plant. Or~ar~utal type grasses such as Liriope muscari 'Evergr~n ~a~t', shall only be prtmed at the direction amd approval of the county's representative Plant material with a canopy over pedestrian or sidewalks shall be mammimed at a mi~irmrm twenty inches (120"). Shrubs amd groundcove~ adjacem to pathways or sidewalks shall be prtm~ (1') of ctea~auce fzom the edge of the pafnway. It is recommended that adjacent shrubs r~a~ed so that they angle or are rounded away fzom the pathway. FEB 2 5 2 )3 LANDSCAPE MAINTENANCE SPECIFICATIONS (Continued) D. TRASH REMOVAL With each service, all site areas _~hali be cleane'd by removing ail trash or deb~ to include, but not be l~ted to; paper, bottles, ca~s, other trash, and ho~dcultuxal debris. Al1. debris 0r.trash pick-up shall be perfomaed ~prior" to mowing m The disposal of ail trash and debris m.~ be at a prOPer lana~ or d~osal sim Street Clean~g A four-foot (4') wide area measured from the face of the curb and gutters including tuna lanes shall be cleaned with each site service to remove any accumnlation of debrks or objectionable growth so to mammm a neat and safe condition. F.. TRAFFIC CO~-YROL The Developer shall comply witJa ~he reatdrements of Collier County's Maintenance of Traffic (MOT) Pol~c.v, ccroies of which are available throu~_h the Risk Management or Purchasing Department The Developer shal3 obm/~ and review the, County MOT oolicy reouirements prior to submittm~ a b~ct ' The Developer y~LU be responsfble· foz ~b.taining copies of all,~e~uired rna., a !% MUT~I), FDOT Koaclway & Tra~c Desiga Standards Indexes, or 6ther rel~tecI documents, so to b~cdme familiar with their requiremenm. Strict adherence to the requirements of the MOT policy will be enforced under this Contract To assist m euaFloyee v/m'bility; approved bright day-gl0w red/orange colored safety verts shall be worn by cu~loyeem when servicfiag the area. G. CANOPY TREE AND PALM PRUNING For this site, canopy trees shall be defi.ued as may large shrub, tree or palm with foliage above a ten-foot (10') level. Ail cz~uopy trees and palm¢ shall be pruned on a conti~ous basis to create and maintain a seventeen-foot (17') canopy clearance over the roadways and a ten-foot (10') canopy clearance over all pathways. Canopy trees shall be setect~vely pruned twice per year ~ April and September so to tb+n thc interior canopy of cross branching and to shape the cauopy of the trees. The County's representmdve shall approve a professional licensed to prune trees under the direction of a L~cemed Landscat~e Architect, Azbori~ Tree Surgeon, or other approved professional shah do the pruning and shaping. The work shall be performed per ANSI A300 "Staudard Practices for Trees, Shrubs and Other Woody Plant Maintenance" and done in a professional manner in accordance with 'qb'truing Standards" of the National Arborist Association or accepted local trade stmadards and practices. p~l~.~ shall be pruned annually during lune of each year. The palms shall be pruned to a "Tropical Oaf' or to a nine (9) o'clock - three (3) o'clock angle from horizontal at the base of the palm's bud or lowest fronds. Approximately seven (7) to ten (10) green fronds ~h.ll be left at the head after 17~m~ng. The pr~m+ng shall mctude removal of all nuts, seed stalks, brown or dead and lower fronds. The work shall be done m a professional man~X ha accordance with acceptable trade standards and practices. The palme shall no~ be climbed with tree sp~kes to remove the fronds. The prong shall be accomplished by the use of a ladder, boom truck or Eft All debris from the pruning ~hall be removed and the site shall be left in a cleo FEB 25 - LANDSCAPE MAINTENANCE SPECIFICATIONS (Continued) Vv'aen the a~n~ml or bi-annual heavy pmmi~g ..work is being perfozm~l-with the use of a lift or boom truck, it is requ~ed that the adjacent traffic or mm lmae to the work area, be closed using traffic control devic~ ~nd si?age per the current F_D.o.T. tra~c control standards and indexes. FERTILIZATION GranUlar ~tion of shrubs and groundcov=s ahall'be a!eplied by hand in a-twelve-inch (12") wide radi~z r~g axo~md the base of the plants. ~ f~z~i~on of th~ Trees and palm~ shall be de~ed by the ca. er (diameter) of thc mmic and broadcast by hand in a band around the plant's base fi'o~n a d/stance'of 12" to the duip line of the p~lm, An 8 oz. cup equal~ one (1) pound. Tr~-~ and palms shall receive on= (1) cup p~r one-inch (1") caliper. Shrubs and grou~dcov~rs sba1! receive one (1) cup p~r three foot (3') of height or spread. Shrubs and groundcover shall receive one- hal~ (%) cup per eighteen inches (18") of height or spread. All fertilizer shall be swept off all sidewalks, concrete curbfiag and paving. The fe~er shall be applied as set forth in the following schedule. Turf Areas and Plant Beds containine Shrubs, Groundcovers and Trees The (13-3-13) f~r6lizer shall be applied at a rate often (10).pounds per one thotlsand (1000) sq. f~ for all axeas. Four applications of (13-3-13) fe~li~r Wili:.Be applied yeaxly duzmg the months'gfFeb~, May, luly, and October. Developer shall apply approved by County's representative palm fertiH~_er during February, May, July, and October as specified below. Should yellowing occur on the top fronds, manganese sulfate will be required and ff on the lower fronds, Sul-Po-Mag or equivlalent will be required to be applied With the palm ferti]iT, er at the rates specified. .Orgamc Mulch Areas with no mulch or new planting areas shail have m~ch placed to provide for a four inch (4") non-compacted or . unsettled depth measured from the existing soft grade. The axea to receive the ,~,~eh shall be raked level to establish the proper fm{~hed grade and have all weeds removed prior to the placement of the ~,1c5. TWo inches 'm~t~t be applied to r~lenish this rm,lch tw/ce a year, during November and during May. J. LANE CLOSURE Lane closure for median maintenance .~hall be lb,,i~ed. Upon proper placement of lane closed signs, pre-w'~ming signs, arrow boards, traffic cones etc., the lane maybe restricted from traffic only durmg non-peak traffic periods 9~0 A.lVL - 3:30 P.2vL, Monday through Friday, and 8:00 A_M_ - 5:00 ?2vL Sa~x=day and Sunday, unless otherwise approved by the Couaty's representa~ve. K. IRRIGATION SYSTEMS The ffzigation systems shall be checked and repaired as necessary. Each zone shall be ma'~nM]y ~.~:led Oil at the v~Jve once a week and a thorough inspection conducted to asc'~adn proper operation of the sysm~ Quick coup~g yalv-.~ ~e =X/slJI~ .~hM1 be reviewed weekly ~ operated quarterly to in~xe propex operation. Maintenauc /nctu~ cleanmg and adjustment of heads, nozzles, valve boxes and valves filters to msure prop~ filters and backflow preventers, replacenaent of heads and nozz~les, ~zuztallation or replacement oft P-3 September 7,2001 LANDSCAPE MAINTENANCE SPECIFICATIONS (Continued) PVC pip/ng breaks or subsurface p/p/n~ or restricted spr~=~er lines, replac~t of damaged valve boxes/lids and adjustment of controllers and rain shutoff swishes for sett/n~ and operation. Where required, :he Developer ~ rn.~ on s/te reclaimed water m-igation signa§e. Su6sur~e [=i~tion Systems: No excavation or mechanical metal blade edging around plant beds .qh,ll be done ~- tim Right-of-way. Mechanical. metal blhd¢ edging is pe~mi~-~ along the back of.curbing. Weekly Service Recgm~-ments: 1. A visual inspectio~ o,~ th.e. subsurface kdga~ion systems ,h,ll be perfom~d wee~y to de~,,,,i~e if the systems are function+ng nor~,Uy and if cuts, leaks;'pi~/ng daxmge, flooded areas ex/st~ a~.d repa/r as necessmT. Th/s ~h~l] also include review and re-se~g of the controllers and/n-g:otmd moisture sensor adjustments or 'other rs~n sensing devices as needecL 2. System Computer / Controller a. Operate, ad~usL and set controller to provide proper operation of the systems. b. Diag=ose and tepatr e.le.c=ical and mech,~cal malfimct/ons. c. Monitor and adjus: the system zones moisture levels based upon moisture sensor readings. cL Operate controller on automatic, m~ual and single trip operatio= e. Monitor controller stanctby battery backup and. re'place as requ/red. 3. Antomatic Control Ass~nbHes and Qthck Coupling Vale'es a. Keview control wlve assembly andby-pass systemTor proper Settings. b. Open zone control valve assemblies and quick coupling valve boxes to review valves for leaks; pressure g~uge operation; proper sett~s and are clean o£ debris or =mlch. P~m,:~ Sites a. h~ect for proper operation. b. The Developer shall record and provide to the County's representative the well water flow memr readings for the two well locations on the General Maintenance Report Sheets. 7. R~view system water source connections to include water, meters, back/Iow preventers, g~t~ valves, points of connection and main lines for proper operation. Monthly Service Keau~rements: 1. Automatic Control Valve Assembly ~. Manuany operate valves, and clean valve assembly filth. 2. Back/low Assembly ~. Review assembly for proper operation and clean filters as needed. 3. Quick Coupling. Valves a. Keview boxes and oper~ valve. c. The Developer w/il check ~11 zon~ wiring and solenoid conditions through the use o: d c~m o errt the rest. ts for future reference. d. The Developer w/il clean the stra/ner filters and respect them for wear at b~ Station 4. Pumo Sites ~. Once ~ month, the Developer will trouble shoot esch'pur? stat/on, checking ,~era§e draw and document the results for funn~ reference b. Manually run the system to ensure proper coverage and that no spr~kler heads and nozzles are spraying onto the roadway. Clean and adjust sprm~er heads and nozzles and m-ig~tion shields to ensure proper coverage. A N M P-4 Septe~aber 7,2001 FEB 2 5 E,33 Pg. LANDSCAPE MAINTENANCE SPECIFICATIONS (Continued) 5. Manually run the system w/th open/lu.~a caps and review sprawler head indicato~ loc. amd at the end of zones. Review pressure gauge reaai~ at consol valve assemblies for each zone, ~s well ~s gauges located at the end of zones where present to deter~ne the system and porous piping is 7. Check, analyze and adjust flow control devaces as' requxred. Quartm:l¥ Sm-vice Reauirements: .. .- - 1. Review all subsm'face system, piping, vai% a~semblies, wiring, moisture semso~aud controllers for overall general operation and provide adjustments as required to assure proper operation amd 5-Hgation application. Conventional Po~>-tm In~_~afion Systems: Weekly Service Keauirements: 1. Each median zone shall be mantmlly, tm-ned on at the. valve to ascertain proper operation of the system. 2. Repair s,~'stem for any bloW~-q, ffheads, broken lines Or-leaks around'headi or valves. Check the controllers a~d rain sensing devices for proper operation and sel~ngs. The Developer shnl! further adjust ail sprbnkl~rs heads to ensure ttmt all landscaped areas receive one hundred percent (100%) imgation c09erage. 5. Within mil work areas the Developer shall review the plant material and turf for dry conditions amd if found com'ect the problem. Monthly Service Keauirements: 1. Manually nm the system, clean and ~djust sprinkler heads/nozzles and concrete donuts as necessary to ensure for proper coverage and that there are no spr~lder heads/noz:rJes spr~y/ng d/rectty into the roadway. Bach median and side dw zone ~hall ~e manu~ly tm"ned on at the valve to ascerta~ proper operation of the B. Repair ryste~ for any blown-offh~ts, broken lines or leaks ~romad heada or valves. C. Check the controllers and rain seasm~ devices for proper o~ration and D. The Developer sh.ll further adjust all spr~kler h~ads to ensure that all landscaped areas receive one hundred percent (100%) in-igafion cover-age. Within all work areas the Developer ehall review.the plant material and turf for dry conditions and if found con'ect the problem. General Service Recruiremeats for In-i~tion Systems; P-5 September 7,2001 AGEND~ IT~ No.A[r~t% _ t _ Pg. lANDSCAPE MAINTENANCE SPECiFiCATiONS (Continued) 1. Should South Florida Water Managm~ District or other gowrn+ng agency ~.~b~ water r~'tdctious, the irrigation ~ shall be ir=pcct~d aud all controllers set to thc ruandated hours off op~dou set by thc D~trict ~ or Agency. Sub~zfacc ~ are e~t ~om wat~ resUiction& 2. Replace defective heads or nozzles, ~ or replace defec~ve risers and repair m~nor breaks or res~cted 3. Replace damaged valle'boxes/lids if caus~l by the M-~t~--ce Devatop~.. 4. Iuspect, cl~au and rePlaCe, if necessary,"Sc~c~-u~/ffit~s with~ the spr~k{er h~a'.ds. ".... .: $. Keep all grass and mulch ou~ of ail v~l~,e. ~oxes. A.ll valve boxes in sod areas are to be k~pt at sod level. All valve boxes in plant beds are to be kept two inches (2") above 6.i~hed mulch level. Insid~ of all valve boxes shall be kept cleau, and the valves ~h.ll be kept one hundred percent (100%)accessfble. 6. One hundred percent (100%) irrigation coverage shall be r~uinm~ed within all irrigated landscaped areas while this Contract is in effect · 7. Notification to the CotmtY's representative is required when acm o~ vandsH~m or accidents have occu=ed to the irrigation, system. Photos shall be taken and provided to the CountY's representative at no added cost. : ,. . , MISCEr.rANEOUS IRRIGATION M_Ad2qTENANCE RESPONSIBU_/TIES I. Should the temperature be forecast to be below thirty-fo~ (34) de~rees, the Developer ~ be r~sponsfble for turning the in-igation system off in order to.protect plants from possfblc freeze d,~,ge. 2. It shall be the Developer's respoml~ility to notify the County's representative of any irrigation problems or additional h:rigation m~tenance needs. 3. The irrigation service personnel must trouble shoot t~ae cloclm, i.e. power-in 110 volt and 2~-volt fuses, 24 volts output when necessary. 4. The irrigation service personnel must trouble shoot any p,~np start relay, main fuses and capacitors when necessary. L BRICK PAVERS All n~li~,~ brick paving sh,ll be pressure cleaned ~ice per year, in Ap~ .nH Nov,~_ he~, to x=nove ,,~.% gum and other clia tha~may be deposited on the sm:face azeas. Upon ~.o damaged areas, the Develop=shall clean-u~ debrAs if present, ~d/or flag offthe areas with protective ban~ers and/or high vim'b~'y hazed t~pe. Dmmaged areas must be repaired as quickly as posm'ble. M. Pest Control T~e'-s, palm% Shrubs, Oroundcovers, aud Sod must be closely mouitored for pests aud diseases and must be ~reated appropriately by, a licensed Pest Control Operator ~pproved by the County's representative. Y-6 September 7,2001 FEB 2 Pg. )O EXECUTIVE SUMMARY APPROVE BID #02-3365, "SR45 - US41 TAMIAMI TRAIL NORTH PHASE II STREETSCAPE BEAUTIFICATION PROJECT AND AWARD TO VILA & SON LANDSCAPING CORPORATION IN THE AMOUNT OF $253,925.84 ~ To obtain Board approval for the award of Bid #02-3365 for US 41 Tamiami Trail North Phase II Streetscape Beautification Project to Vila & Son Landscaping Corporation. CONSIDERATION: Pelican Bay MSTBU will fund the landscape construction cost of US 41 North Phase II, Gulf Park Drive to Vanderbilt Beach Road (1.34 centerline miles). The work is to include landscaping and irrigation installation with tree and palm planting of royal palms, foxtail palms, sabal palms, and live oaks. 1. On October 1, 2002, (he Purchasing Department sent notices to 52 vendors for the landscaping and irrigation installation of Bid #02-3365 for US 41 Tamiami Trail North Phase II October 15, 2002, a non-mandatory pre-bid meeting was held. 2. On November 22, 2002, bids were opened. Staff reviewed the unit pricing on the bid tab, and Vila & Son Landscaping submitted the lowest bid. 3. Staff recommends award of this bid to Vila & Son Landscaping as the lowest, qualified, and responsive bidder. "~FISCAL IMPACT: On September 24, 2002, the Board approved Agenda Item 10E, Addendum , .1 to landscaping Installation and Maintenance Highway Agreement with the Florida Department of Transportation where the costs for installation and maintenance were approved. The construction costs and low bid amount of $253,925.84, which will be funded from Pelican Bay MSTBU Irrigation and Landscaping System Analysis Fund 322, Cost Center 183825, Project Number 511 25 in FY 03. The fiscal impact associated with this project is maintenance for the landscaping and irrigation improvements (1.3 total miles of improvements) for an estimated $105,000.00 per year from Fund 111 MSTD General Fund/Landscape Operations. Pelican Bay Services Division will maintain rights-of-way adjacent to the Pelican Bay Development. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board award Bid #02-3365 for US 41 Tamiami Trail North Phase II Streetscape Beautification Project to Vila & Son Landscaping, Inc. and authorize the Chairman to execute the standard contract after review by the County Attorney's Office. Pan~la I. Lulich, ~pe Project Manager, Alternative Transportation Modes REVIEWED BY: f/~t r~ ~.__Date: REVIEWED B¥.'~'J,'~. '~d/~-/"/-/ '//.~q,,~.~-~/~E~ ~..__Date: ~am~s ?~ W~a~cl, b~par~ent D~¢ctor, Pelicaa Bay Services St~hen~.]Camell~ Purchasing Director Nor~nad£1 Feder, AICP, Transportation Administrator NO. I No.AC31~I~ITEMc:~ FEB 2 5 2OO3 FEB 2 5 2003 pg..,, 3 AGI~I~DA.. ~ITEM '~ No. /[./~ t'~ ~ FEB 2 5 2003 Pcj. "~ FEB 2 § 2003 Pg. ~ EXECUTIVE SUMMARY APPROVE A CHANGE ORDER WITH BETTER ROADS INC. FOR MEDIAN MODIFICATIONS ON DAVIS BOULEVARD IN THE AMOUNT OF $16,740.00 FROM PROJECT 60016. OBJECTIVE: To gain Board of County Commissioners' approval of a change order for median modifications on Davis Boulevard. CONSIDERATIONS: The original contract design was promulgated upon the criteria of strictly reducing the number of median openings and turning movements on Davis Boulevard in order to increase traffic flow and to enhance safety. This change order will provide for additional funds for the installation of Brick Pavers in the median· The pavers are necessary since the median width was too narrow for the maintenance of traditional landscape. Additional flexible delineators will also be installed on Davis Boulevard at the westbound left turn onto Commercial Drive to prevent improper turning movements. The original contract amount for this project was $113,075.55. ~,.~FISCAL IMPACT: Funds in the amount of $16,740.00 are available in the Road Construction-Gas Tax Fund 313 project 60016. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: I. Approve Change Order #1 with Better Roads, Inc., for the median improvements on Davis Boulevard between Pine Street and Commercial Drive in the total amount of $16,740.00 2. Authorize the Transportation Operations Director to execute the change order. · Edward' I~,P.E., sportation Operations Director / APPROVED BY: r~/tlb~ Date '~,/~ ,, $orm~ E. Feder, AICP, Transportation Administrator No.AG~.Nt~ FEB 2 5 2O03 P~I. CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Davis Boulevard Median Improvements PROJECT #: 60016 CONTRACT AMOUNT: ORIGINAL $113,075.55 CURRENT $_113,075.55 CURRENT COMPLETION DATE(S): February 17, 2003 SUMMARY OF PROPOSED CHANGE(S): Installation of brick pavers and tubular delineators. JUSTIFICATION FOR CHANGE(S): The proposed chan.qe will enhance safety and improve traffic flow on Davis Boulevard at the subject intersections. PARTIES CONTACTED REGARDING THE CHANGE: Better Roads, Inc., Traffic Operations, and Business Owners on Davis Boulevard. IMPLEMENTATION STEPS (Check each before proceeding with change) ~ Proposed change is consistent with the scope of the existing agreement __ Change is being implemented in a manner consistent with the existing agreement __ The appropriate parties have been consulted regarding the change PROJECT MANAGER RECOMMENDATION: APPROVE:v~ DISAPPRO Date: Date: COMMENTS:. 10/02 AGENDA ITEM~ FEB 2 § 2003 CHANGE ORDER CHANGE ORDER NO. 1 TO: Better Road, Inc. P.O. Box 9979 Naples, Florida WORK ORDER #: BRC-FT-02-03 P.O. #: 207386 BCC Date: 9/24/02 Agenda Item: 16(B)13 DATE: February 7, 2003 PROJECT NO.: 60016 PROJECT NAME: DAVIS BOULEVARD MEDIAN IMPROVEMENTS Under our AGREEMENT# 02-3327 dated March 26, 2002 You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: INSTALL BRICK PAVERS & TUBULAR DELINEATORS (See attached Exhibit "A") FOR THE Additive Sum of: Sixteen thousand seven hundred and forty dollars ($16,740.00) Original Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ 113,075.55 0.00 16,740.00 129,815.55 Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: ~/~OJ , 2003 CONTRACTOR: ,,\,~'z~ R__O~)&; ','.,,,, OWNER: nOADS. ............... %'% BO, RD O, COU,W COUU SS O.E,S ~.., .~~,~ ~ SEAL ~ ~~ By' ~C ~/~.~c~, ~ ~' ~ ~ By: .__ ~Joe Restino, Vice-President %,, "....~9~.~..." ,ff Juli~~ Senior/Pr~gc~a~er ~ "',,,;,~,~;,,'" By~~~~ ~GEN~I~M' ~' Edward J. Kan~~ ~ Transpo~a~o~j~o ~s D~Eer~ 5 2~ Pg. ~ FEB-O?-ZO03 OZ:6gP~ FRO~TTER ROADS INC. QUOTE +IZ3§sgTGgg6 T-gOZ P.OOl F-053 BETTER ROADS INC. P.O. BOX 9979 NAPLES, FLORIDA 34101 PHONE: (941) 597-2181 FAX: (941) 597-1597 PROJECT: DAVIS BOULEVARD MEDIAN IMPROV. LOCATION: DAVIS BLVD ITEM DESCRIPTION NUMBER BRICK PAVERS TUBULAR DELINEATORS PLAN QUANTITY 1.00 LS 81.00 EA 02/O7/O3 3:00 PM DAVIS BOULEVARD MEDIAN IMPRO CHANGE ORDER PROPOSAL UNIT AMOUNT $13,S00,00 $13,S00.00 $40.00 $3,240,00 $16,740.00 ~llonm e F'tlonm # : Page 1 AGF_~ITEM FEB 2 5 2003 EXECUTIVE SUMMARY APPROVE FUNDING IN THE AMOUNT OF $116,951 FOR DESIGN & ENGINEERING, ACQUISITION OF PERMITS, FUNDING STRATEGY AND REMAINING HALF OF PROJECT COORDINATION TO WOODS HOLE GROUP FOR THE HALDEMAN CREEK BASIN RESTORATION (A.K.A. DREDGING) PROJECT, CONTRACT NO. 01- 3216, PROJECT NUMBER 51011 ~ To receive Board approval to fund tasks 4, 5, 6, and remaining half of 9 for the Haldeman Creek Basin Restoration (A.K.A. Dredging) Project for design and permitting. .CONSIDERATION~: On June 12, 2001, the Board approved Agenda Item No. 16. B (2) authorizing staff to begin contract negotiations with the top ranked firm of Woods Hole Group for professional engineering services (design and permitting) of the Haldeman Creek Basin Restoration. Staff has successfully completed contract negotiations', the final negotiated price for all design and permitting Tasks is S387,954.75. On November 13, 2001, the Board approved Agenda Item No. 16. B (1) authorizing Woods Hole Group for professional engineering services (design and permitting) of the Haldeman Creek Basin Restoration. At the time of contract approval, not all of the work tasks were funded until a favorable outcome could be determined from the initial tasks. Based upon the generally favorable outcome of the initial tasks, funding is now being requested for Tasks 4, 5, 6, and remaining half of 9. The board approved the first half of task 9 on May 28, 2002. Task 4- Design & Engineering ($41,423.00) Task 5 - Acquisition of Permits ($24,205.00) Task 6 - Funding Strategy (39,403.00) Task 9 - Meetings, Project Coordination ($11,920.00, 2aa hal0 Total needed = $116,951.00 FISCAL IMPACT: Funds in the amount of $116,951.00 are available in the Stormwater Management CIP Fund (325), source of funds are ad valorem taxes. GROWTH MANAGE~NT IMPACT: There is no growth impact associated with this executive summary. RECOMMENDATIOI~: That the Board of County Commissioners approve funding for Tasks 4, 5, 6 and remaining half of 9 for contract number 01-3216. SUBMITTED BY: Peter S. Hayden, E.I., Project Manager Stormwater Management Section Date: FEB 2 5 Executive Summary Haldeman Creek Restoration Page 2 of 2 REVIEWED BY: REVIEWED BY: Robert C. Wile~P.E., Principal, Project Manager Stormwater Management Section, Michael A. Etelamaki, P.E. Road Maintenance Director Date: APPROVED BY: APPROVED BY: S~epher~~ Y. Camel, Director Purchasing/General Services Norm/On Feder, A.C.I.P., Administrator TranSportation Services Division Date: Date: AOENDA.JTEM FEB 2 5 20O3 pg. EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO MOVE $80,703 FROM THE TRANSPORTATION MAINTENANCE ROAD & BRIDGE OPERATING APPROPRIATIONS INTO THE CAPITAL APPROPRIATIONS TO PURCHASE A TRACTOR PREVIOUSLY APPROVED BY THE BOARD OF COUNTY COMMISSIONERS. OBJECTIVE: That the Board of County Commissioners approve a budget amendment to move $80,703.00 from the Transportation Maintenance Road & Bridge Operating Appropriations into the Capital Appropriations to purchase a tractor previously approved by the Board of County Commissioners. CONSIDERATION: Funds in the amount of $80,703 were budgeted within the operating budget for the Transportation Maintenance Road & Bddge Section for the purchase of a 24' Tractor under the lease purchase equipment object code. The Finance Department has requested that the tractor be purchased under the Heavy Equipment capital object code in order to record the tractor as an asset. A budget amendment will be needed to transfer the funds from the operating appropriation into the capital appropriation. The purchase of the tractor was approved by the board of County Commissioners on September 24, 2002, item 16B4. GROWTH MANAGEMENT IMPACT: None FISCAL IMPACT: A budget amendment is needed to move funds in the amount of $80,703.00 from the Transportation Maintenance R&B Budget from the Operating Appropriation to the Capital Appropriation. RECOMMENDATION: That the Board of County Commissioners approve the necessary budget amendment. SUBMITTED BY: ;Sharon Newman, Accounting Supervisor Transportation Services Division Date: c~,//~/F,,~ APPROVED BY: Norman E. Feder, Transportal!ion Administrator EXECUTIVE SUMMARY APPROVE TDC CATEGORY "A" GRANT APPLICATION FORM OBJECTIVE: To obtain approval of a revised TDC Category "A" Grant Application Form. CONSIDERATIONS: The Coastal Advisory Committee requested that the TDC Category "A" Grant Application Form be reviewed and updated. A draft form was presented both to the TDC and the CAC in December 2002 and their comments were incorporated into a revised form. The CAC unanimously recommended the approval of the revised form at their meeting on January 9, 2003. The TDC unanimously recommended approval of the revised form at their meeting on January 27, 2003. FISCAL IMPACT: There is no fiscal impact associated with this resolution. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approve the attached TDC Category "A" Grant Application Form. SUBMITTED BY: '~~'E ~-~/~' Ron Hovell, P.E., Coastal Projects Manager Public Utilities Engineering Department Roy/B. Anderson, P.E.,.~i~ctor ~..~ ~li}i~n~ Department APPROVED BY: ~4 4../-~ ~ /Jan ~s W. DeLo_n.y, .P:F/, Administrator , ic Utilities Division Date: Date: ~./ /~./'~ ~ Date: #0..~(~.~L FEB 2 5 2003 P~.__ / Collier County Tourist Development Council GRANT APPLICATION Beach Renourishment and Pass Maintenance (project title) Name and Address of Applicant Organization: EXHIBIT A 2. Contact Person, Title and Phone Number: 3. Organization's Chief Official and Title: 4. Project Description[and location]: Se Estimated project start date: Estimated project duration: Total amount requested: FEB 2 5 2~03 Collier County Tourist Development Council Grant Application Page 2 0 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No ( ) PRO~ECT BUDGET (project title) PROGRAM ELEMENT AMOUNT I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. Signature of Organization's Chief Official or Designee* Date: *Director of Office of Capital Projects Management authorized to sign Category "A" applications on behalf of the Chairman of the Board of County Commissioners. Approved by Board of County Commissioners on August 24, 1993, Agenda Item 16(H)(2). Director of Office of Capital Projects Management position was renamed to Director of Public Works Engineering effective October 1998 and is currently Director of Public Utilities Engineering. ~. [ FEB 2 5 2003 EXHIBIT A - CURRENT FORM Collier County Tourist Development Council GRANT APPLICATION Beach Renourishment and Pass Maintenance 1. Name and Address of Applicant Organization: 2. Contact Person, Title and Phone Number: 3. Organization's Chief Official and Title: 4. Brief Project Description: Estimated project start date: Estimated project duration: Total amount requested: Collier County Tourist Development Council Grant Application Page 2 o If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No ( ) Identify the goals and objectives for the project: 10. Describe what benefits will be received from the project: 11. Describe how the effectiveness of the project will be evaluated: 12. Describe how the project enhances existing County Tourist Development programs: 13. Describe how financial resources will be monitored: FEB 2 5 3)83 Collier County Tourist Development Council Grant Application Page 3 14. Please complete the following questions and provide additional information, if necessary: Does the proposed expenditure further the objectives outlined in the Mission Statement? Yes ( ) No ( ) Does the proposed expenditure fairly distribute monies to different geographic areas of the County? Yes ( ) No ( ) Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environmental considerations? Yes ( ) No ( ) Is the proposed project part of the ongoing Collier County beach restoration project and/or pass maintenance/dredging/management projects? Yes ( ) No ( ) Is the proposed Project required by a regulatory agency as a condition for approval/funding the Collier County beach restoration projects? Yes ( ) No ( ) Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes ( ) No ( ) Will the project decrease the local cost share of an overall beach restoration project, either by decreasing the total project cost or by increasing the local/non-local ratio? Yes( ) No( ) --- . ,75 -- -- FEB 2 5 2003 Collier County Tourist Development Council Grant Application Page 4 · Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes ( ) No ( ) Is there a potential for an alternative/matching funding source? Yes ( ) No ( ) If "Yes", please identify Is the project consistent with the Collier County Growth Management Plan and/or standing Board of County Commission action? Yes ( ) No ( ) Has the project been reviewed and recommended by the Beach Renourishment/Maintenance Advisory Committee? I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. Roy Anderson, P.E., Director, Public Utilities Engineering Department Signature of Organization's Chief Official or Designee* Date: *Director of Office of Capital Projects Management authorized to sign Category "A" applications on behalf of the Chairman of the Board of County Commissioners. Approved by Board of County Commissioners on August 24, 1993, Agenda Item 16(H)(2). Director of Office of Capital Projects Management position was renamed to Director of Public Works Engineering effective October 1998. FEB 2 5 21:183 Collier County Tourist Development Council Grant Application Page 5 PROJECT BUDGET WIGGINS PASS MAINTENANCE DREDGING ACTIVITY AMOUNT FEB 2 5 EXECUTIVE SUMMARY APPROVE RESOLUTION SUPPORTING CONTINUED STATE FUNDING OF COASTAL PROJECTS OBJECTIVE: To obtain approval of a resolution in support of continued state funding for coastal projects. CONSIDERATIONS: The Southwest Florida Beach and Inlet Convocation is an informal group consisting of representatives from Collier, Lee, Charlotte, Manatee and Sarasota Counties (city and county governments as well as the business community), along with state and federal government representatives. As part of their meeting agenda for January 27, 2003 in Fort Myers, all communities are urged to send resolutions in support of continued state funding of beach restoration projects. The Florida Shore and Beach Preservation Association has drafted a resolution for local community consideration and will be meeting with state legislative representatives. Though Collier County receives relatively little state funding for beaches, with less state funding available, Collier County will not likely receive any state assistance from the Florida Beach Erosion Control program. FISCAL IMPACT: There is no fiscal impact associated with this resolution. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approve the attached resolution. SUBMITTED BY: Date: Ron Hovell, P.E., Coastal Projects Manager Public Utilities Engineering Department Roy B. Anderson, P.~.,~Djirector Put, linc Utili~estgn~,fneej:fng Department APPROVED BY.'~~~ /,~~ Date: / ~[ames W. D~Lony, P/E., Administrator _...ff ublic Utilities Division RESOLUTION NO. 2003-__ RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS SUPPORTING THE CONTINUED $30 MILLION IN STATE FL~iDING ANNUALLY FOR BEACH MANAGEMENT AND THE PRESERVATION OF THE ECOSYSTEM MANAGE.MENT AND RESTORATION TRUST FUND INTEGRITY. ~d WHEREAS, Florida's number one tourist attraction is its beaches, and WHEREAS, beach-related tourism has a $41.6 billion impact on the state's economy, WHEREAS, beaches contribute over $1 billion in tourist-related sales tax revenues annually, and XVHEREAS, 442,000 jobs are created by beach-related tourism, with an $8 billion payroll resulting from additional spending related to Florida's beaches, and WHEREAS, over half of Florida's 825 miles of sandy beaches are experiencing erosion, with 333 miles designated by the Department of Environmental Protection as critically-eroded, and WHEREAS, the Florida Legislature, pursuant to Chapter 161. Florida Statutes, has declared beach erosion to be a serious threat to the economic and general welfare of the state and its residents; and has further declared it to be a necessary responsibility to preserve Florida's beaches and make provision for beach nourishment projects, and WHEREAS, the Florida Legislature, in 1998, pursuant to § 161.091, and § 201.15 (11), Flodda Statutes, provided that designated funding of $30 million annually shall be deposited in the Ecosystem Management and Restoration Trust Fund, and that documentary stamp tax :'evenues shall be the source of that funding, and WHEREAS, this $30 million allocation has enabled Florida to develop a consistent, adequately-funded, priority-driven, long range management program to address critical erosion, and WHEREAS, this program re~nts a cost-effective intergovernmental partnership which leverages a dollar for dollar local government match, and up to 65% of the total project cost from federal sources. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COM~MISSIONERS OF COLLIER COUNTY, FLORIDA, that: Collier County, Florida strongly urges the Florida Legislature to fully fund the Department of Environmental ~ · A~NOA IT£# ~ FEB 2 5 2O03 pG. Protedtion' s beach erosion control project priority list for FY03-04 for $30 million as provided for in Chapters 161 and 201, Florida Statutes, and BE IT FLqtTHER RESOLVED that THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, respectively requests that the Florida Legislature oppose any legislative efforts to amend existing law which allocates $30 million annually in certain documentary stamp tax revenues to the Ecosystem Management and Restoration Trust Fund for purposes of beach preservation and repair. This Resolution adopted this majority vote favoring same. ATTEST: DWIGHT E. BROCK, Clerk day of February, 2003 after motion, second and BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Tom Henning, Chairman Approved as to form and sufficiency: He~.di Ashton Assistant County Attorney ..... I~#OA ITI~M FEB 2 5 2003 EXECUTIVE SUMMARY APPROVE AMENDMENT NO. 2, SECOND EXTENSION TO THE AGREEMENT NO. HW 465 WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR ELECTRONICS RECYCLING. OBJECTIVE: To have the Board of County Commissioners approve Amendment No. 2, second extension to the Agreement No. HW 465 with the Florida Department of Environmental Protection (FDEP), for electronics recycling and authorize the Chairman to sign the Amendment. CONSIDERATION: On July 31, 2001 the Board of County Commissioners approved Agreement No. HW 465 with the FDEP for an electronics recycling program. Staff successfully applied for and received one of only eight $50,000 grant awards to begin an ongoing electronics recycling program. On July 30, 2002 Amendment No. 1 was approved by the Board of County Commissioners to extend the existing grant. Under the terms of the Agreement the FDEP has been invoiced by the Solid Waste Management Department on a cost reimbursement basis in the amount of $27,000. The purpose of the Amendment is to facilitate expenditure of the balance of the grant. As part of the electronics recycling program Staff has held two round up events. The first event was held on November 16, 2001 and 7,384 lbs. of electronics were collected. The second event was held on January 12, 2002 and 12,543 lbs. of electronics were collected for recycling. Since inception of the extended program an additional 49,044 lbs. of electronics have been dropped off at the Naples and Marco Recycling Centers, for a total of 68,971 lbs. of electronics diverted from the landfill. Staff successfully negotiated a second extension of the grant funding completion date from December 31, 2002 to June 30, 2003. As a result of this negotiation, the FDEP sent the Solid Waste Management Department Amendment No. 2, a second extension to the original Agreement changing the completion date of the grant from December 31, 2002 to June 3, 2003. The Amendment will also allow the FDEP, the State, or authorized representative to have access to grant records for audit purposes during the term of the Agreement and for five years following completion of the Agreement. There are additional minor changes to the Agreement but the date change is the most important. FISCAL IMPACT: Amendment No. 2 to the Electronics Recycling Grant will extend the grant period an additional six months, from December 31, 2002 to June 30, 2003, in which to utilize grant funds. Funds will be received by submission of reimbursement requests. Funds are in the FY02/03 budget request and will be available from Solid Waste Disposal Grant Fund (472). GROWTH MANAGEMENT IMPACT: There is nc~ Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners: 1. Approve Amendment No. 2, second extension to the Agreement No. HW 465 with the FDEP for electronics recycling, and authorize the Chairman to sign the Amendment. 2. Authorize staff to make any necessary Budget Amendments 3. Authorize the Solid Waste Director to implement the Agreement, including reimbursement requests and expenditures. SUBMITTED BY: ~ ~-,~L--~--~.. Date: ,A [ ,o / ~ ,.~ Denise Kirk, Waste Reduction & Recycling Manager Solid Waste Management Department REVIEWED BY: -~-~'--~--:---~-~---~--- ~- ' ~ Date: G. George Yilmaz, Ph.D., P.E., P.H., R.E.P. Director, Solid Waste Management Department APPROVED B~Y.-~4--~ ~_..~~pa ~icS uWt ii,~eesL°2dYr~ iPn isEt;a, o/ FEB 2 5 2003 DEP AGREEMENT NO. HW465 AMENDMENT NO. 2 THIS AGREEMENT as entered into on the 31~ day of July, 2001, and amended on the 30t day of July, 2002 between the STATE 'OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hemina~er referred to as the "Department") and COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (hereinafter referred to as the "Grantee" or "Recipient") is hereby amended as follows: Paragraph 2, is hereby revisc, t to change the Agreement completion date from December 31, 2002 to June 30, 2003 and to change the £mal invoice due date from December 15, 2002 to June 15, 2003. Paragraph 3, item D is hereby revised to change the due date for the final invoice from December 15, 2002 to June 15, 2003. In all other respects, the Agreement of which th/s is an Amendment, and attachments relative thereto, ~hall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed the day and year last written below. COLLIER COUNTY BOARD OF STATE OF FLORIDA DEPARTME~F OF COUNTY COMMISSIONERS OF ENVIRONMENTAL PROTECTION Chakrman* Tom Honn ing Secretary or'designee - Date: Date: flip ( ATTEST: Dwight E. Brock, Clerk ;r~mt Manager DEP Contracts Administrator Approved as to form and legal sufficiency: County Attorney ,/ - APPROVED as to form and legality *For Agreements with governmental boards/coaaxfissions: If someone other than thc Chairman signs this Amendment, a resolution, statement or other document authorizing that person to sign the Amendment on behalf of the Grantee must accompany the Amendment. DEP Agreement No. HW465, Amendment No. 2, Page 1 of 1 EXECUTIVE SUMMARY AUTHORIZE THE EXECUTION OF A WORK ORDER NO. UC-016 (EXHIBIT A) UNDER CONTRACT 02-3345 - ANNUAL CONTRACT FOR UNDERGROUND CONTRUCTION FOR RELOCATION WORK IN THE AMOUNT OF $861,421.50 TO CROSS COUNTRY PIPE & RAIL INC., d/b/a CROSS COUNTRY UNDERGROUND, INC., FOR THE RELOCATION OF A 16" WATER MAIN AND A 16" RECLAIMED WATER LINE. OBJECTIVE: To accommodate Florida Department of Transportation (FDOT) widening of US 41 from old US 41 to the Lee County line associated with the construction of FDOT road improvement project. This work is included in the 2002 Water and Wastewater Master Plan adopted by the Board on December 11, 2001. CONSIDERATIONS: Collier County currently has underground water and reclaimed water lines along US 41 that will require relocation to accommodate the road-widening project. On February 26, 2002, under Agenda item 16C9, the Board of County Commissioners approved a work order to Agnoli, Barber & Brundage, Inc to provide Engineering services related to the design, permitting, and construction services for the relocation of the utility facilities on US 41 from old US 41 to the Lee County line. In accordance with the Resolution No. 2002-464, dated November 5, 2002, (Exhibit B), which authorized the Public Utilities Engineering Director, Mr. Roy B. Anderson, and District Utility Administrator, Mr. W.L Childs, to sign and execute a Utility Relocation Schedule document on Octoberl,2002. This requires that the relocation be completed in 175 days from October 10, 2002. In accordance with the procurement policy of Collier County, on February 4, 2003, staff received cost proposals from five of the nine contractors under the contract # 02-3345 "Annual Contract for Underground Construction" dated May 28, 2002. This contract requires that work orders over Two Hundred Thousand Dollars ($200,000.00) must be approved by the County Attorney and Board of County Commissioners. The proposal amounts were as follows: Company Water Sewer & Reclaimed Total Cross Country Underground $622,789.20 $238,632.30 $861,421.50 DN Higgins $668,760.00 $293,915.00 $962,675.00 Quality Enterprises USA Inc. $891,099.50 $375,789.50 $1,266,889.00 Mitchell & Stark Const. Co. $982,365.00 $490,008.00 $1,472,373.00 Southwest Construction Co. $1,057,847.00 $497,249.00 $1,555,096.00 Staff reviewed the proposals and found it as fair and reasonable and concluded that Cross Country Pipe & Rail Inc. d/b/a Cross Country Underground submitted the lowest, responsive and responsible proposal. This Contractor has a satisfactory performance record on previous projects involving similar work. The Engineer's estimi en0.£urA&^/~, FEB 2 5 003 PG. , Executive Summary Award Contract Page 2 project was $695,820.00, which was for a lesser scope attached (Exhibit C). The difference of approximately 20% between the engineers' estimate and the lowest cost proposal attached (Exhibit D) is explained in the attached fact attached sheet (Exhibit E). FISCAL IMPACT: Funds totaling $861,421.50 are needed for this work order. Funds in the amount of $588,729.32 are available in Project 70045, %:'DOT Joint Projects (water). Funds in the amount of $238,632.30 are budgeted and available in Project 73045 FDOT Joint Projects (wastewater). Source of funds is Wastewater and Water User Fees. A budget amendment in the amount of $60,000.00, which includes a contingency of approximately 3% of $861,421.50 is necessary to fund this project. GROWTH MANAGEMENT IMPACT: The project involves the relocation of existing utility facilities and will have no impact on growth management. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water-Sewer District: 1. Award a work order to Cross Country Pipe & Rail Inc., d/b/a Cross Country Underground in the amount of $861,421.50. 2. Authorize the Public Utilities Engineering Director to execute the necessary work order and/or purchase related document to complete this project by the deadline established by FDOT. 3. Approve a budget amendment of $60,000.00. SUBMITTED BY: Shafithi Sridhar, Project Manager Public Utilities Engineering Department DATE: REVIEWED BY: William D. Mullin, P.E., Principal Project Manager Public Utilities Engineering Department REVIEWED BY: Roy?. Anderson, P.E., Director Public Utilities Engineering Department DATE: AG~:I~DA IT£Mt I l No. /~, ~ FEB 2 5 2003 Executive Summary Award Contract Page 3 REVIEWED BY: REVIEWED BY: -~:11 Purchasing Director Purchasing/General Services Department ~heatham, Wastewater Director Wastewater Department DATE: DATE: REVIEWED BY: Paul E. Mattausch, Water Director Water Department BY: ~ Jam~s W. DeLony, P.E., AdministrJtor ~..___._.~c Utilities Division DATE: z2://~?//~ DATE: AG[~OA IT£H ~ ~o. //,~ FEB 2 5 ;~003 WORK ORDER # UC-016 Exhibit A "Annual Contract for Underground Construction" Contract #02-3345, dated May 28, 2002 This Work Order is for General Contractor's Services, subject to the terms and conditions of the Contract referenced above, for work known as: Project: Utility Relocation on US 41 from Old US41 to Lee County Line. The work is specified in the proposal from Cross Country Pipe & Rail Inc., d/b/a Cross Covntry Undererovnd dated February 4, 2003, which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order# UC-016 is assigned to Cross Country Pipe & Rail Inc., d/b/a Cross Country Underground. (Firm Name) Scope of Work: Task I Task II - Water line relocation - Sewer and Reclaimed line relocation Schedule of Work: Complete within 90 (Ninety) days. Liquidated DamaRes: Per contract 02-3345 dated May28, 2003. Compensation: In accordance with Item No. 3 of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount provided in the schedule below. Task I - $622,789.20 Task II $238,632.30 TOTAL FEE $861,421.50 Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order, as enumerated in Exhibit D g~the Agreement. ~a~,l~h~ ~r~dhar, Project Manager Date AUTHORIZED BY: AUTHORIZED BY: AUTHORIZED BY: Public Utilities Engineering Department William D.'YMullin, P.E., Principal Project Manager Pub~s E~;l~ineering Depa~m~.ent Padl E. Mattausch, Water Director J~eph B. Ghoath~m. Wa,tewater ~kector W~t~wat,r Dopa~ent Date APPROVED BY: Roy B. Anderson, Director Public Utilities Engineering Department Date CROSS COUNTRY PIPE & RAIL INC D/B/A CROSS COUNTRY UNDERGROUND n..L' I- -- - Type Name and Title Witness~(~,r // (1) /1 ~'(~----/l ~' ~ Signature (Print Name) Approved as lo Fo~ald Legal Sufficiency: lhoma~ ~lm~ ~i~tant Count~ ~ttorn~y (2) Signature (Print Name) Page I of~. RESOLUTION NO. 2002 - 464 A RESOLUTION OF COLLIER COUNTY, FLORII)A, AUTHORIZING THE PUBLIC UTILITIES ADMINISTRATOR AND THE PUBLIC UTILITIES ENGINEERING DIRECTOR TO EXECUTE GRANT APPLICATIONS, PERMIT APPLICATIONS, REPORTS AND OTIIER DOCUMENTS THAT PERTAIN TO THE CONSTRUCTION OF COLLIER COUNTY'S PUBLIC UTILITY IMPROVEMENT PROJECTS WHEREAS, the Board of County Commissioners of Collier County, Florida, has a need for public utility activities throughout the County which require and will require applications for grants, applications for permits, and submission of reports and other documents to or through local, state, and federal agencies; and WHEREAS, to expedite processing of these documents, the Board hereby authorizes thc current and all future Public Utilities Administrators and the current and all future Public Utilities Engineering Directors to sign and otherwise execute such grant applications, such applications for permits, .such reports and other related documents pertaining to the construction of the County's public utility improvement projects to, but not limited to, thc following governmental entities: Florida Department of Transportation Florida Department of Environmental Protection US Army Corps of Engineers US Coast Guard Federal Aviation Administration Fish and Wildlife Conservation Commission Big Cypress Basin/South Florida Water Management District Federal Environmental Protection Agency NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The current and all future Collier County Public Utilities Administrators and thc current and all future Collier County Public Utilities Engineering Directors are hereby authorized to sign and otherwise execute the aforesaid documents for and on behalf of the County of Collier, the Collier County Water-Sewer District, or any combination thereof. This Resolution is not hereby intended to confer discretionary authority on anyone other than the Board of County Commissioners. THIS RESOLUTION ADOPTED AFTER MOTION, SECOND, AND MAJORITY VOTE FAVORING ADOPTION THIS §~:h= DAY OF ____ltg_v__e_m_b_~F___ 2002. Exhibit B ............ BOARD OF COUNTY COMMISSIONERS ' '_~5' £.9.L,~3' ...... OF COLLIER~NTY,,~O~,~ . ,-5"" · .........~,"-... .T~gs~:i= '"' ' "/~t~'Cler k ......... Approved as to form and legal sufficiency: ~miro Chief Assistant County Attorney AG£NOA IT£11 ~.~ ¢. FEB 2 § 2003 PG. ,..~ ~o.~___~ FEB ~ § ~ -I° FEB 2 5 200~ PG. *'~ · Jan 31 03 11: 1Sa Public U~ilities 23~-530-5378 p.3 "'' FEB 2 5 ~003 ~a~ 31 03 Public Utilities 239-530-53?8 p.4 '0 'JCI. E ' AG~A IT~'# FEB 2 5 ~03 Pi;. ~ Exhibit E SUBJECT: 1. 2. US 41 Utility Relocation From Old US 41 to Lee County Line FACT SHEET DATE 02/10/03 Reason for approximately 20% increase in the bid price than engineer's estimate. Purpose: To explain the difference between the bid price and engineers estimate. Background/Considerations: Agnoli, Barber and Brundage, Inc. (ABB), prepared the estimate for this project on October 3, 2002 (Exhibit C), and submitted with an application to Florida Department of Environmental Protection (FDEP) for the required permits. On January I0, 2003, staff requested ABB to update the 90% plans and specifications with few changes and requested for an updated estimate. On January 20, 2003, staff received the updated 100% construction plans and specifications. On January 21, 2003, staff requested five of the nine firms under contract # 02-3345, "Annual Contract for Underground Construction" dated May 28, 2002, to give us a proposal for this project and issued an addendum for this project with the updated scope of work. According to the lowest bidder, the cost of the pay items added to the addendum are: Cost of Change in scope Item # 18 Maintenance of Traffic $ 5,720.00 Item # 20 Connect to Exist $ 39,820.00 Item # 21 Underground Water Main to be removed $ 59,954.40 Item # 22 Fire Hydrant Removal & Disposal $ 5,060.00 Item # 29 Connect to Exist $ 2,079.00 Item # 30 Underground Force main to be Removed $ 1,006.50 Item # 41 Connect to Exist $ 7~689.00 Total cost of change in scope $121,328.90 e e 1. Low cost proposal (Exhibit D) (added scope) $861,421.50 2. Engineer's Estimate (Exhibit C) (lesser scope) $695,820.00 3. Revised Estimate ($695,820.00+$121,328.90) $817,148.90 4. Difference between Line I and Line 3 ($861,421.50 - $817,148.90) = $44,272,60 The difference of $44,272.60, between the Iow cost proposal and revised estimate is approximately 5.4% of $817,148.90, the revised estimate. The above added pay items to the scope are necessary to construct the project as intended by the plans. Future Actions/Considerations: The items were added as addendum to avoid future costly change orders and a timely completion of the project. Some quantities may be adjusted to suit field conditions as deemed necessary. Fiscal Impact: Total cost of the items as mentioned above is $121,328.90. This is an increase of 20% to the engineer's estimate. This project is funded through the Impact fees. Staff is requesting a budget amendment of $60,000.00 to complete this project. This project is scheduled to be completed in 90 days. FEB 2 5 Exhibit E Fact Sheet Date Feb 20, 2003 Page 2 Options: The relocation of utility line can be done without the added scope to the work. However, this option will violate the agreement between Collier County and FDOT. Therefore, the option is rejected. Recommendation: This utility relocation is related to FDOT road projects, and in accordance to the resolution No. 2002-464 (Exhibit B), staff requests the board to authorize Mr. Roy Anderson, Public Utilities Director to execute work order No.UC-016. no. ~. FEB 2 § 2OO3 ~._._ tl EXECUTIVE SUMMARY AWARD ANNUAL CONTRACTS TO SELECTED FIRMS FOR TRENCHLESS SEWER SYSTEM REHABILITATION CONTRACTING SERVICES PER BID 03-3455, PROJECT 73050, OBJECTIVE: To award annual contract agreements with trenchless sewer system rehabilitation contractors who will be utilized on an as needed basis. CONSIDERATIONS: The Wastewater Department has a continuing need for trenchless sewer system rehabilitation contracting services for repairing faulty sewer pipelines. Trenchless sewer repairs will reduce groundwater infiltration flows through faulty sewer lines, thus reducing unnecessary hydraulic load on the County treatment capacities. The trenchless sewer inconvenience to sewer customers and the applicable trenchless rehabilitation method and issue work orders to concurrent with procedural approval from the Purchasing Department. wastewater treatment plants which can reduce rehabilitation method also reduces construction public. Staff will identify projects requiring the initiate the project The bid documents were prepared for three different categories of trenchless sewer rehabilitation methods with a mandatory fourth category for common tasks applicable to all the three methods of trenchless sewer rehabilitation. A bidder was free to bid more than one category but would be evaluated on a category-by-category basis for lowest bid and the experience qualifications required as specified for each category. The three main categories are: 1) Category A: Cured-in- Place Pipe Lining Contractor; 2) Category B which is subdivided into two alternate materials: Fold-and-Form using HDPE Pipe Lining Contractor (BI) or Fold-and-Form using PVC Pipe Lining Contractor (B2); and 3) Category C: Pipe Bursting Contractor. Category D was work common to all the three main trenchless rehabilitation categories. On December 4, 2003, seventy-nine invitations to bid this project were sent out. On January 9, 2003, ten bids were received as follows from Omni Eye, Inc., Killebrew, Inc., Insituform Technologies, Inc., Environmental Pipeline Rehabilitation, Inc., Miller Pipeline Corporation, Lanzo Lining Systems, Inc., Murphy Pipeline Contractors, Inc., S.O.S Construction Corp., American Water Services Underground Infrastructure, Inc, and Williams Testing. The ten bidders bid on one or more of the three Categories A, B, and C, as indicated in the table below and the attached bid tabulation. Upon review of the ten bids, the following firms are being recommended for selection in each of the following three categories: Category_ A: Five bids were received of which Insituform Technologies, Inc. was the lowest qualified bidder followed closely by Miller Pipeline Corporation. Staff recommends awarding contracts to Insituform Technologies, Inc. as the primary contractor for the Cured-in-Place Pipe Contract with Miller Pipeline Corporation as the secondary contractor. In the event the primary contractor is not available to do the work or does not meet the contract requirements, the secondary contractor will be utilized. FEB 2 5 2003 / . Executive Summary Award Annual Contracts to Selected Firms for Bid No. 03-3455 Trenchless Sewer Rehabilitation Services Page 2 of 3 Category B: Three bids were received of which two utilized PVC (polyvinyl) pipe material and one utilized HDPE (high density polyethylene) fold-and-form pipe. Miller Pipeline Corporation utilizing PVC fold-and-form pipe was the lowest qualified bidder. Staff recommends awarding the Fold-and-Form Pipe Lining Contract to Miller Pipeline Corporation. Category C: Five bids were received of which Insituform Technologies, Inc. was the lowest qualified bidder. Staff recommends awarding the Pipe Bursting Contract to Insituform Technologies, Inc. Bid Category Bidder (t. Jnit I~rico Totals) A B C 1. Insituform Technologies, Inc. $402 $2,720.50 2. Miller Pipeline Corporation $451 $402 3. American Water Services UI, Inc. $734 $740 - 4. Williams Testing $1,637 - 5. S.O.S. Construction Corporation $1,570 - - 6. Lanzo Lining Services, Inc. $5,836 - - 7. Killebrew, Inc. - $4,459 8. Murphy Pipeline Contractors, Inc. - $5,038 - $6,285 9. Environmental Pipeline Rehab., Inc. - 10. Omni Eye, Inc. - - $13,617 The recommended bid contract awards to Insituform Technologies, Inc. and Miller Pipeline Corporation in the three categories are sufficient to meet the County's trenchless sewer rehabilitation requirements. Staff recommends authorizing the Public Utilities Engineering Department Director to approve work orders as addressed within this summary. The contract period is for one year with three one-year renewal periods at the County's option. FISCAL IMPACT: Funds are budgeted in the Wastewater Department Cost Center for County Sewer Capital Projects under Fund 414. Annual fiscal impact is planned to be $1,510,000. GROWTH MANAGEMENT IMPACT: Sewer rehabilitation by trenchless methods is a project recommended in the 2001 Wastewater Master Plan adopted by the Board in December 11, 2001 as Agenda Item 8(A). AG~IqOA FEB 2 5 2003 PI;. Executive Summary Award Annual Contracts to Selected Firms for Bid No. 03-3455 Trenchless Sewer Rehabilitation Services Page 3 of 3 RECOMMENDATION: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, approve the recommended selection of the two firms, Insituform Technologies, Inc. in Categories A and C, and Miller Pipeline Corporation in Categories B and A, as described above for annual trenchless sewer rehabilitation contracting services pursuant to Bid No. 03-3455; award the contracts; and authorize the Chairman to execute the contract agreements after review by the County Attorney's Office. PREPARED BY: Mohan V Thampi, PE, Senior Project Manager Public Utilities Engineering Department REVIEWED BY: Jo~lCheatham, Director Wastewater Department DATE: '2-G-03 REVIEWED BY: Roy//B. Anderson, P.E., Director PulSlic Utilities Engineering Department DATE: ~ a~n ~/(~'44 DATE: REVIEWED BY:..VC ill, Director Purchasing/General Services Department .~'""~es W. DeLony, P.E., A~lministrator F Public Utilities Division ' FEB 2 5 2003 AOF~IOA ~TF.H I~0. ~._~__~. FEB 2 5 2OO3 03 0 Z Z Z Z Z Z Z Z Z Z' Z Z Z! ZiZ I z z z' zi ;z; Iz! z zI zIZ Iz zi z= z z z · A mi m m ~ ~ ~3 '- E E E JE E '~: FEB 2 5 2003 PG.. FEB 2 5 2003 FEB 2 5 2003 03O {:33 C3 FEB 2 (33(:3 2003 FEB~ 5 2003 ~. /,,?-- EXECUTIVE SUMMARY ACCEPT THREE GRANT AGREEMENTS FROM THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT IN THE TOTAL AMOUNT OF $150,000. OBJECTIVE: That the Board of County Commissioners, Ex-officio the governing board of the Collier County Water-Sewer District accept threa (3) grant agreements from the South Florida Water Management District (SFWMD) to assist in funding for scheduled projects to be performed by the Public Utilities Division. CONSIDERATIONS: On November 8, 2002, the Collier County Public Utilities Division submitted grant applications for the following projects to the Big Cypress Basin under their Cooperative Water Resource Projects Funding Program: 1. Title: Aquifer Storage and Recovery (ASR) Reclaimed Water Test Well (PN 74030) Description: Permit and construct one (1) ASR test well for injecting surplus reclaimed water during off peaks and retrieving same during peak demand times for sales to reuse customers. 2. Title: Vanderbilt Beach Road 20-inch Reclaimed Water Main (PN 74034) Description: Construction of water main along Vanderbilt Beach Road to increase the availability of reclaimed water to customers east of 1-75. 3. Title: South County Wastewater Service Area Inflow & Infiltration Study (PN 73164) Description: Conduct an inflow & infiltration study of the existing sanitary sewer system for the South County Wastewater Service Area, identify wastewater repairs, coordinate stormwater improvements and establish a public awareness program. Funds in the amount of $100,000 were requested in the applications for each of these projects. At their meeting on December 5, 2002, the Big Cypress Basin Board recommended funding in the amount of $50,000 for each project. Public Utilities is now in receipt of the contract agreements for each of these projects which need to be executed and returned to the SFWMD for final processing. Each grant requires matching funds from Collier County. Sufficient funding for this purpose is currently appropriated in the FY 03 budget for each of these projects. The period of performance for each of these agreements is one (1) year from the project start date set forth in the agreement. NO.~ FEB 2 5 2003 PG..,m Executive Summary February 25, 2003 Page 2 FISCAL IMPACT: Revenue in the amount of $150,000 will be realized upon completion of the work associated with these agreements. It is anticipated that such will not occur during FY 03. Therefore, this revenue will be included in the budget for FY 04. The required matching funds of $50,000 each for Project Numbers 73164 and 74030 are currently appropriated in Fund 414, County Sewer Capital Projects and matching funds of $50,000 for Project Number 74034 are currently appropriated in Fund 413, Sewer Impact Fee. The source of funds is Wastewater Impact Fees and User Fees. GROWTH MANAGEMENT IMPACT: Each of these projects are consistent with and further the goals, objectives and policies of the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: Accept the following grant agreements from the South Florida Water Management District (a) Contract No. C-15054 - Aquifer Storage and Recovery (ASR) Reclaimed Water Test Well in the amount of $50,000. (b) Contract No. C-15061 - Vanderbilt Beach Road 20-inch Reclaimed Water Main in the amount of $50,000. (c) Contract No. C-15062 - South County Wastewater Service Area Inflow & Infiltration Study in the amount of $50,000. 2. Authorize the Chairman to execute the agreements SUBMITTED BY: REVIEWED BY:, ---.---~~~ ~ DATE: Harry Huber, Senior Project Manager Public Utilities Engineering Department ~ DATE:. William D. Mullin, P.E., Principal Project Manager Public Utilities Engineering Department REVIEWED BY: ~/~/~.~ DATE: Roy/B. Anderson, P.E., Director ~...---'-kames W. DeLony, P.E., Admini~rator ublic Utilities Division / AG£7~ IT£1q _ FEB 2 5 2003 2003 - 2004 SOUTH FLORIDA WATER MANAGEMENT DISTRICT BIG CYPRESS BASIN COOPERATIVE AGREEMENT Recipient: COLLIER COUNTY WATER-SEWER DISTRICT Recipient's Project Manager: Alicia Abbot Address: 3301 Tamiami Trail East Building H/3 Naples, FL 34112 Telephone No: (239) 530-5344 Fax No: (239) 530-5378 Contract Number: C- 15054 District Funding AmOunt: $ 50,000:00.', Not to EXceed 50% of total P~-oje~f.c°~t. SFWMD Project Manager: Kent Feng Address: 6089 Janes Lane Naples, FL 34109 Telephone No: (239) 597-1505 Fax No: (239) 597-4987 Insurance: Applicable/Not Applicable Federal Employer Identification Number: 21-00-019995-53C; Effective until 10/26/07 Project Title: Aquifer Storage and Recovery (ASR) Reclaimed Water Test Well Description: Permit and construct One (1) ASR test well for injecting surplus reclaimed water during off peaks and retrieving same during peak demand times for sales to reuse customers. Contract C-15054 Page I of 9 FEB 2 5 2003 PG. ~ This Agreement is entered into between "the Parties", the South Florida Water Management District, the "District", and the undersigned Applicant, hereinafter referred to as the "Recipient". The Recipient warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all legal, financial, and reporting requirements, such as matching funds and final reports for all funding received by the Recipient from the District. ARTICLE 1 - PROJECT 1. ! The Recipient shall, to the satisfaction of the District, fully and timely construct and perform all work items described in the "Detailed Description of the Project," attached hereto as Attachment "A", and made a part of this Agreement. 1.2 As part of the services to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever forum reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or termination of this Agreement. ARTICLE 2 - TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall commence on the Project Start Date stated by the Recipient on the last page of this Agreement and shall continue for a period of one (1) year. 2.2 The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement. ARTICLE 3 - COMPENSATION/CONSIDERATION 3.1 As consideration for providing the goods and services required by this Agreement, the District shall pay the Recipient the funding amount as specified on front page. Such amount is a not to exceed amount and therefore, no additional consideration shall be authorized. Recipient must provide at least fifty (50) percent of the total project cost. 3.2 The Recipient assumes sole responsibility for all work, which is performed pursuant to Attachment "A." By providing funding hereunder, the District does not make any warranty, guaranty, or any representation whatsoever regarding any of the work performed hereunder, including but not limited to the adequacy or sufficiency of all or any part of work described in Attachment "A". Contract C-15054 Page 2 of 9 AG£~DA IT[~ / FEB 2 5 2003 ARTICLE 4 - FUNDING PAYMENTS AND REPORTING 4.1 The District shall make payment to the Recipient upon completion and acceptance of the Project. The Recipient shall provide certification that the Project has been completed in accordance with Attachment "A" of this Agreement. 4.2 The Recipient's invoice shall reference the District's Contract Number and shall be sent to the Project Manager at the address stated on the first page of this Agreement. The Recipient shall not submit an invoice to any other address at the District. The District shall inspect all work and review final reports before authorization of payment is made to the Recipient. The District shall pay the full amount of the invoice within thirty (30) days of receipt and acceptance, provided the Recipient has performed the work according to the terms and conditions of this Agreement. Funding will be xvithheld if the Recipient has not submitted required reports or met all of the administrative requirements. 4.4 Upon award of the Agreement, the Recipient shall provide to the District a detailed schedule of the Project. The Recipient shall provide three (3) copies of progress reports on a quarterly basis to the District, which shall describe the extent of Project completion. Upon request by the District, the Recipient shall provide as supporting documentation, all work products associated with the completion of the tasks designated in the Work Breakdown Structure and Deliverable Schedule of Attachment "A", attached hereto to this Agreement. 4.5 However, failure by the Recipient to follow the foregoing instructions may result in an unavoidable delay of payment by the District. ARTICLE 5 - PROJECT MANAGEMENT 5.1 The Parties shall direct all matters arising in connection with the performance of this Agreement, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 5.2 All notices, demands, or other communications to the Recipient under this Agreement shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the address stated on the first page of this Agreement. Contract C-15054 Page 3 of 9 FEB 2 5 2883 All notices to the District under this Agreement shall be in writing and sent by certified mail to the South Florida Water Management District at the below address: Attn: J. M. Rule, C.P.M. Contracts - Procurement Department 3301 Gun Club Road West Palm Beach, FL 33406 5.3 All notices required by this Agreement shall be considered delivered upon receipt. Should either Patty change its address, written notice of such new address shall promptly be sent to the other Party. 5.4 All correspondence to the District under this Agreement shall reference the District's Contract Number. ARTICLE 6 - TERMINATION/REMEDIES 6.1 If Recipient fails to fulfill its obligations under this Agreement in a timely and proper manner, the District shall have the right to terminate tiffs Agreement by giving written notice of any deficiency. The Recipient in default shall then have ten (10) calendar days from receipt of notice to correct the deficiency. If the Recipient fails to correct the deficiency within this time, the District shall have the option to terminate this Agreement at the expiration of the ten (10) day time period. 6.2 The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whole, or from time to time in part, whenever the District shall determine that such termination is in the best interest of the District. Any such termination shall be effected by delivery to the Recipient of a Notice of Termination specifying the extent to which performance of work under the Agreement is temainated, and the date upon which such termination becomes effective. 6.3 In the event of termination, the District shall compensate the Recipient for all authorized and accepted work performed through the termination date. The District shall be relieved of any and all furore obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. 6.4 If either Party initiates legal action, including appeals, to enforce this Agreement, the prevailing Party shall be entitled to recover a reasonable attomey's fee, based upon the fair market value of the services provided. 6.5 In the event the Recipient's funding becomes unavailable, that shall be good and sufficient cause for the District to terminate the Agreement, pursuant to Paragraph 6.2, above, i Contract C-15054 Page 4 of 9 FEB 2 5 2003 PG. ~ .._-- 6.6 In the event a dispute arises which the Project Managers cannot resolve between themselves, the Parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent permitted by law. ARTICLE 7 - RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows: A. Maintenance of Records. The Recipient shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this Agreement, including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from completing performance and receiving final payment under this Agreement. B. Examination of Records. The District or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five (5) years from the date of final payment under this Agreement and upon reasonable notice, time and place. C. Extended Availability of Records for Le_oal Disputes In the event that the District should become involved in a legal dispute with a third party arising from performance under this Agreement, the Recipient shall extend the period of maintenance for all records relating to the Agreement until the final disposition of the legal dispute, and all such records shall be made readily available to the District. ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. 8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable in federal court. 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the Recipient Contract C-15054 Page 5 of 9 AG£NE~A ITE~ / FEB 2 5 2003 PG. '~ assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Recipient. 8.4 Pursuant to Section 216.347, Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch, or another state agency. 8.5 The Recipient shall obtain, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this Agreement. 8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age, or sex, from participation in, denied the benefits of, or is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. ARTICLE 9 - INDEMNIFICATION AND INSURANCE 9.1 The following indemnification clause shall only be applicable to Investor-owned Utilities or Private Entities For value received, which is hereby acknowledged, the Recipient shall defend, indemnify, save, and hold the District, its agents, assigns, and employees, harmless from any and all claims or causes of action, including without limitation, all damages, losses, liabilities, expenses, costs, and attorney's fees related to such claims, resulting from any negligent or intentional act or omission, or the violation of any federal, state, or local law or regulation, by the Recipient, its subcontractors, agents, assigns, invitees, or employees in connection with this Agreement. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, agents, assigns, invitees and employees with the terms of this Agreement. The provisions of this paragraph survive the termination or expiration of this Agreement. 9.2 The following shall only apply if the work is being performed on District property. The Recipient shall procure and maintain, through the term of this Agreement, insurance coverage reflecting, at a minimum, the limits and coverage conditions identified on the District's Certificate of Insurance, attached and made a part of this Agreement. The coverage required shall extend to all employees and subcontractors of the Recipient. The attached District's Certificate of Insurance shall be completed in full, indicating the producer, insured, carrier's name and Best rating, policy numbers and effective and expiration dates of each type of coverage required. The Certificate shall be signed by the insurance career's authorized representative. Contract C-15054 Page 6 of 9 AG~DA IT£I'~ / FEB 2 5 2003 I0.1 10.2 10.3 11.1 11.2 11.3 ARTICLE 10 - RELATIONSHIP BETWEEN THE PARTIES The Recipient is an independent contractor and is not an employee or agent of the District. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the District and the Recipient, its employees, agents, subcontractors, or assigns, during or after the performance of this Agreement. The Recipient is free to provide similar services for others. The Recipient shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be void. It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third-party beneficiary or otherwise. ARTICLE 11 - GENERAL PROVISIONS Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from rites, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the Detailed Description of Work - Attachment "A" of this Agreement specifies that performance by the Recipient is specifically required during the occurrence of any of the events herein mentioned. In the event any provisions of this Agreement shall conflict, or appear to conflict, the Agreement, including all Attachments, and all documents specifically incorporated by reference, shall be interpreted as a whole to resolve any inconsistency. Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. Contract C-15054 Page 7 of 9 AG[nOA II[M / 1 FEB 2 5 2003 11.4 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent that the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. 11.5 This Agreement may be amended only with the written approval of the Parties. 11.6 This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or Agreements previously existing between the Parties with respect to the subject matter of this Agreement. The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legally bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreement shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. Contract C-15054 Page 8 of 9 FEB 2 5 2003 PG_.~ ~. /~ IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. SOUTH FLORIDA WATER MANAGEMENT DISTRICT By: Frank Hayden, Procurement Director Date: Recipient's Legal Name:Board of County Commissioners, Ex-officio the governing board of the Collier County Water-Sewer District By Authorized Official: Title: Tom Henning. Chairman Date: Project Start Date: February 03. 2003 SFWMD Procurement approved: By:_/~/'x6~. I01 k, Date: Contract C-15054 Page 9 of 9 AG£~DA IT~H N0. ~~.~.~ FEB 2 5 2003 P~., // 2002-2003 SOUTH FLORIDA WATER MANAGEMENT DISTRICT BIG CYPRESS BASIN COOPERATIVE WATER RESOURCES PROJECT APPLICATION FORM Application No: BCB CWRP- FY03 C-15054 (District to provide) A~A~'~I~__ "A" ----'-----' The undersigned Applicant has read all of the terms and conditions of the Big Cypress Basin Cooperative Water Resources Projects Funding Program Guidelines and Application, and certify that all of the information contained within this Application and subsequent Attachments are true and correct to the best of its knowledge. Applicant's Legal Name: Collier County Water-Sewer District (State Div./Dept. if applicable) Project Title: Aquifer Storage and Recovery (ASR) aimed Water Test Well Description: Permit and construct one ASR test well for the purpose of injecting surplus :laimed water during off peaks and retrieving same during peak demand times for sales to reuse customers. Also includes monitor wells /pc of Organization: County Government Applicant's Address: 3301 East Tamiomi Trail Bldg. 'H', 3ru Floor Naples, FL 34112 Fundin-'--~ Amount Requested: $100,000 County in which Project will be Built: Collier County Date of Incorporation: State of Incorporation; Federal ID No.: 21-07-019995-53C Is the Project being performed on District property? '---'~es-~-~"-'~ 1 tease attach District's Certificate of Insurance. ~ your organization ever received funding under the Big Cypress Basin Cooperative Water Resources Projects Funding? Yes [] No · -..--------- kuthorized Person's Name: ,lames W. DeLony, PE Year last received: Amount of Funding Received: ~ Telephone Area Code/Number: (Z39) 73Z-Z.SnO Fax Number: (239) 75Z-2526 Contract C-15054 Page 1 of 8 DETAILED DESCRIPTION OF PROJECT Statement of Work for the Aquifer Storage and Recove~ (ASR) Test Well 1.0 Introduction Aquifer Storage and Recovery (ASR) is a method of increasing the available water supply by storing excess water in underground aquifers, and recovering it when needed to satisfy peak demands. Collier County has identified the need for 140 million gallons of reclaimed water storage in order to expand and maximize the effectiveness of the County's existing reuse program. ASR provides the most .cost- effective means to aclfieve these storage objectives for reclaimed water. Even with the County's extensive reuse program, during rainy periods when irrigation demand is Iow, excess reclaimed water must be disposed of using percolation ponds and deep injection wells. However, with adequate seasonal storage, reclaimed water can be used much more effectively by reducing irrigation withdrawals from surface or groundwater systems during critical dry season periods and reducing loss of valuable fi'eshwater resources. For these reasons, the use of ASR for storage of reclaimed water is consistent with the goals and objectives of the Big Cypress Basin of the South Florida Water Management District. Collier County has akeady committed funding and support to ASR technology. The proposed reuse ASR project would utilize reclaimed water from the North County Water Reclamation Facility (NCWRF). The County has already selected a site for the project and submitted the application for the FDEP permit. Initial exploration wells have also been drilled. 2.0 Project Scope The scope of the project is to construct one pilot ASR well and two deep monitor wells. The project will create a facility for the storage and recovery of more than 140 million gallons of reclaimed water. It is anticipated that upon completion, the proposed well would accept injectate and recover water at a rate of 1.5 to 2.0 MGD. Injection would occur over a 90 to 120-day period during the wet season, or whenever excess reclaimed water is available. Recovery would take place on an as-needed basis to increase dry season reclaimed water flows to County reuse customers. The scope of work is detailed in the Work Breakdown Structure (Section 3.0) Contract C-15054 Page 2 of 8 Plans and contract specifications will be submitted to the County for review and test/construction permits will be obtained prior to start of construction. The principal goals of the project are to: · Increase availability of reclaimed water, · Decrease the loss of reclaimed water using traditional disposal methods, and · Reduce dependence on freshwater aquifers to meet dry season demands. 3.0 Work Breakdown Structure 3.1. · Description of Project Elements The pilot ASR well will be completed with a 12-inch diameter casing to approximately 700 feet below land surface (bls) and an open hole extending to approximately 750 feet. Two single-zone monitor wells will be completed to the same depths as the ASR well using 4-inch diameter PVC casing. Final depths will be determined from subsurface data obtained during well construction. The project will be comprised of the following construction elements: 2. 3. 4. 5. Competitive bidding and contract documents Site preparation and drilling pad construction Pilot ASR well construction and testing ASR monitor well construction Submersible pumps purchase and installation Tasks requked to complete the pilot ASR project are described below. Task 1 - Preconstruction Activities · Review plans and specifications for pilot ASR well and monitor wells. · Bid Contract, Select Contractor, Award Contract, Notice to Proceed · Acquire Utility Easements. · Obtain required construction permits. Work Products: Deliverable: Contract Documents for pilot ASR well and monitor well, construction permits. Approved Plans and Specifications, Contract Documents, Recorded Easements, Construction permits. Task 2 - Preliminary Construction Activities · Review and evaluate contraclor submittals. · Clear site and conduct surveying. · Mobilize drilling equipment. Contract C-15054 Page 3 of 8 FEB 2 5 003 PG../4 - Install temporary utility services. Construct drilling pad and install water table monitor wells. Work Products: Deliverable: Contractor submittals, equipment list, material and supplier's list, subcontractor's list, horizontal and vertical control, daily log (applicable to all tasks), mill certificates. Completed materials/equipment lists. Task 3 -Drilling and Testing of Pilot ASR TesffMonitor Wells · Install 20-inch diameter pit casing to approximately 30 feet. · Drill 9-inch diameter pilot hole fi.om land surface to approximately 400 feet using the rotary mud method. Conduct geophysical logging on pilot holed. · Ream nominal 20-inch diameter hole from pit casing to approximately 400 feet. · Set and cement in place to land surface approximately 400 feet of 12-inch diameter Schedule 80 PVC casing. · Drill 9-inch diameter pilot hole from approximately 400 feet to approximately 1,000 feet using the reverse air drilling method. Perform open hole flow test and up to 5 single packer tests as determined by the well-site geologist. · Conduct geophysical logging and television survey of the completed borehole following pilot hole drilling and testing. · Backfill pilot hole to approximately 750 feet with cement. · Set and cement in place to land surface approximately 700 feet of 4-inch diameter Schedule 80 PVC casing. Cementing will be conducted in stages of less than 100 feet. · Perform temperature logs on each stage of cement and perform a pressure test on the final casing. · Drill a nominal 3-3/4-inch diameter borehole from approximately 700 feet to 750 feet below land surface. · Develop the open borehole and collect a water sample from the open zone. · Install temporary wellhead assembly, set up pump testing equipment and discharge piping, collect background water level data and perform a preliminary pumping test. Collect water samples for water quality analysis. · Install permanent wellhead equipment, piping, appurtenances, concrete pad and perform disinfection. · Demobilize equipment, clean and restore drilling site. Work Products: Deliverable: Lithologic samples, water samples, geophysical logs, video survey, geologist log, water quality analyses results, packer test data and interpretation remits, instrument calibration data, cementing operations plan and records, casing installation tabulation, description/record drawings, well completion report, and drilling disposal plan and approval. Installed and Tested ASR Monitor Wells. Task 4 -Drilling and Testing of Pilot ASR Injection/Recovery Well · Set and cement in place surface casing to approximately 50 feet. Contract C-15054 Page 4 of 8 F£8 2 5 003 PG. Drill a 9-inch diameter pilot hole from land surface to approximately 700 feet using the rotary mud method. Perform geophysical logging. Ream the pilot hole to a nominal 22-inch diameter borehole from land surface to 100 feet and to a nominal 18-inch diameter from 100 feet to approximately 700 feet. Set and cement in place 12-inch diameter casing fxom approximately 700 feet to 100 feet coupled to 16-inch diameter casing from 100 feet to land surface. Perform temperature logs on each stage of cement and perform a pressure test on the final casing. Drill and core a 9-inch diameter pilot hole fi.om approximately 700 feet to a total depth of approximately 750 feet using the reverse air drilling method. Collect up to 50 feet of conventional core as directed by the well site geologist. Conduct geophysical logging and video survey of the completed pilot hole. Ream pilot hole to nominal 12-inch diameteropen hole. Develop the open borehole, collect a water sample from the ASR zone, all as specified. Install temporary wellhead assembly, set up pump testing equipment and discharge piping, collect background water level data and perform a 72-hour aquifer performance test. Collect water samples for water quality analysis. Install permanent wellhead equipment, piping, pump and pump column, instrumentation and appurtenances, concrete pad and perform disinfection. Demobilize equipment, clean and restore drilling site. Work Products: Deliverable: Lithologic samples, geophysical logs, video survey, laboratory analyses, instrument calibration data, cementing operations plan and records, casing installation tabulation, development and test records, inclination survey test results, final well description/record drawings, records required by law, well completion report, grout card and drilling water disposal plan and approval. Installed and Tested Pilot ASR Well. Well Completion Report with all data. Task 5 --Construction of Subsurface Facilities · Install pump in ASR well. · Relocation of system corrosion stabilizer injection location. · Demobilization (restoration and cleanup). Work Products: Vertical and horizontal control, materials tabulation records, testing records, startup logs, and certifications. Completed Subsurface Facilities. Deliverable: Task 6 - Final Construction Documents · Prepare shop drawings and equipment information. · Prepare operations and maintenance manuals. · Conduct training on equipment operations and maintenance. · Certify preparation of operation and maintenance manuals. Contract C-15054 Page 5 of 8 Work Products: Shop drawings, record drawings, one copy of Operation & Maintenance Manuals. Deliverable: Final Construction Documents. 3.2. Design Description A schematic diagram of the pilot ASR project wells is shown in the Project Schedule. The design includes the following: One 12-inch diameter injection well cased to approximately 700 feet below land surface, and an open hole injection/recovery zone from approximately 700 to approximately 750 feet. Two 4-inch monitor wells cased to approximately 700 feet below land surface, and an open hole monitor zone from approximately 700 to 750 feet. The ASR pilot project is designed to obtain site-specific hydrogeologic and water quality data in order to identify and select an optimum storage interval. Discreet interval hydraulic testing will be conducted during drilling of the deep test/monitor well. The primary objectives will be to determine the transmissivities of the storage zone and the confuting characteristics of the zones above and below the storage zone. Final completion depths for the ASR well will be determined following review and interpretation of data collected dur/ng construction of the monitor well pilot hole. The deep test/monitor well will subsequently be used as an observation well for an aquifer performance test, and a monitor well for the storage interval during operational testing of the ASR well. 3.3. Project Justification and Cost/Benefit Estimates This project is justified because of the opportunity to conserve significant quantities of fresh water and to reduce the amount of reclaimed water being lost through conventional disposal methods~ During the wet season or other rainy periods, reclaimed water fi'equently goes unused. With adequate storage available, this excess water would be available for beneficial use during the dry season. The storage of wet season reclaimed water for use duhng the dry season will also relieve demands on potable aquifers during the dry season. The capital cost of ASR versus the cost of conventional water storage is more economic than conventional storage. Other cost/benefit opportunities will be seen when the ASR program is complete and the dry season irrigafional demands are supplied with stored ASR wells, thus reducing potable water demands. The projected budget for the proposed overall ASR project is $2,000,000, as identified in the AG[NOA IT[..~ t FEB 2 5 2003 Co~t~act C-1~054 ?a~e 6 05 8 P~. ~?? NO.~ FEB 2 PG. County's FY 03 Capitol Improvements Projects. $1,000,000. This portion of the project is estimated to cost 3.4. Potential for Significant and Lasting Benefits Implementation of an ASR facility has significant and lasting benefits for Collier County by providing the following: · · A means to meet future irrigation water storage and demand. Effective management of existing water resources including the ability to: - Maintain Wellfield safe yield - Enhance wet season production - Reduce aquifer stress during the dry season Reduce or delay the need for future well field expansion. 4.0 Project Cost The ASR project is estimated at $1,000,000. The individual cost estimates for various task described above are as follows: Task Description Costs * I Preconstruction Activities $150,000 2 Preliminary Construction Activities $150,000 3 Monitoring Wells $375,000 4 ASR Pilot Well $300,000 5 Final Construction Documents $25,000 Total Estimated Design and Construction Cost $1,000,000 * Costs are esttmated to include 15% contingency. 5.0 Location of the Project The project is located north of the Pelican Bay Wellfield, off Livingston Road in Collier County, as shown in Figure 1. The injection well and monitor wells will be installed in easements obtained by the County. 6.0 Deliverable Schedule Table 1 provides a detailed project schedule and payment amounts. completed in 12 months. Preconstrucfion activities will commence construction completed by December 2003. Contract C-15054 Page 7 of 8 The project is estimated to be in January 2003 with all FEB2 52003 I FIGURE 1 .':j LEE COUNTY PROJECT LOCATION ®, '\ i ,7: ?, r';, ( c.~,. ~) 2 27 AQUIFER STORAGE AND RECOVERY (ASR) RECLAIMED WATER TEST WELL COLLIER COUNTY GOVERNIdF..NT PUBUC UTIUTIES ENGINEERING DEPARTMENT SOUTH FLORIDA WATER MANAGEMENT DISTRICT COOPERATIVE WATER RESOURCES PROJECT APPMCATION FY 2003 - BIG CYPRESS BASIN BRIILIY AND NOVEMBER 2002 Contract C-15054 Page 8 of 8 2003 - 2004 SOUTH FLORIDA WATER MANAGEMENT DISTRICT BIG CYPRESS BASIN COOPERATIVE AGREEMENT Recipient: COLLIER COUNTY - WATER/SEWER 'Recipient's Project Manager: James W. DeLony Address: 2685 South Horseshoe Drive Horseshoe Square, Suite 212 Naples, FL 34104 Telephone No: (239) 732-2501 Fax No: (239) 659-5790 Contract Number: C-- !5061~ GOverning B°ardAPP~'~°v~'bhte: Not Applicable District FUnding Am6ufi~?$~-50,?00.00- N°t to Wxceed 50% of't0~:~r0j~cti:Ost SFWMD Project Manager: Kent Feng Address: 6089 Janes Lane Naples, FL 34109 Telephone No: (239) 597-1505 Fax No: (239) 597-4987 Insurance: Applicable/Not Applicable Federal Employer Identification Number: 21-00-019995-53C; Effective until 10/26/07 Project Title: Vanderbilt Beach Road 20-Inch Reclaimed Water Main Description: Construction of water main along Vanderbilt and Airport availability of reclaimed water to customers east of 1-75. Road to Village Walk Circle to increase Contract C-15061 Page 1 of 9 FEB 2 5 2003 This Agreement is entered into between "the Parties", the South Florida Water Management District, the "District", and the undersigned Applicant, hereinafter referred or to as the Recip:ent. The Recipient warrants and represents that it has no obligation indebtedness that would impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all legal, financial, and reporting requirements, such as matching funds and final reports for all funding received by the Recipient from the District. ARTICLE 1 - PROJECT 1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct and perform all work items described in the "Detailed Description of the Project," attached hereto as Attachment "A", and made a part of this Agreement. 1.2 As part of the services to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever forum reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or termination of this Agreement. ARTICLE 2 - TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall commence on the Project Start Date stated by the Recipient on the last page of this Agreement and shall continue for a period of one (1) year. 2.2 The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement. ARTICLE 3 - COMPENSATION/CONSIDERATION 3.1 As consideration for providing the goods and services required by this Agreement, the District shall pay the Recipient the funding amount as specified on front page. Such amount is a not to exceed amount and therefore, no additional consideration shall be authorized. Recipient must provide at least fifty (50) percent of the total project cost. 3.2 The Recipient assumes sole responsibility for all work, which is performed pursuant to Attachment "A." By providing funding hereunder, the District does not make any warranty, guaranty, or any representation whatsoever regarding any of the work performed hereunder, including but not limited to the adequacy or sufficiency of all or any part of work described in Attachment "A". Contract C-15061 Page 2 of 9 ARTICLE 4 - FUN~ING PAYMENTS AND REPORTING 4.1 4.2 4.3 4.4 4.5 5.1 5.2 The District shall make payment to the Recipient upon completion and acceptance of the Project. The Recipient shall provide certification that the Project has been completed in accordance with Attachment "A" of this Agreement. The Recipient's invoice shall reference the District's Contract Number and shall be sent to the Project Manager at the address stated on the first page of this Agreement. The Recipient shall not submit an invoice to any other address at the District. The District shall inspect all work and review final reports before authorization of payment is made to the Recipient. The District shall pay the full amount of the invoice within thirty (30) days of receipt and acceptance, provided the Recipient has performed the work according to the terms and conditions of this Agreement. Funding will be withheld if the Recipient has not submitted required reports or met all of the administrative requirements. Upon award of the Agreement, the Recipient shall provide to the District a detailed schedule of the Project. The Recipient shall provide three (3) copies of progress reports on a quarterly basis to the District, which shall describe the extent of Project completion. Upon request by the District, the Recipient shall provide as supporting documentation, all work products associated with the completion of the tasks designated in the Work Breakdown Structure and Deliverable Schedule of Attachment "A", attached hereto to this Agreement. However, failure by the Recipient to follow the foregoing instructions may result in an unavoidable delay of payment by the District. ARTICLE 5 - PROJECT MANAGEMENT The Parties shall direct all matters arising in connection with the performance of this Agreement, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Agreement. All notices, demands, or other communications to the Recipient under this Agreement shall be in writing and shall be deemed received if sent by certified mall, return receipt requested, to the address stated on the first page of this Agreement. Contract C-15061 Page 3 of 9 AC~ ITCM FEB 2 5 2003 All notices to the District under this Agreement shall be in writing and sent by certified mail to the South Florida Water Management District at the below address: Attn: J. M. Rule, C.P.M. Contracts - Procurement Department 3301 Gun Club Road West Palm Beach, FL 33406 5.3 All notices required by this Agreement shall be considered delivered upon receipt. Should either Party change its address, written notice of such new address shall promptly be sent to the other Party. 5.4 All correspondence to the District under this Agreement shall reference the District's Contract Number. ARTICLE 6 - TERMINATION/REMEDIES 6.1 If Recipient fails to fulfill its obligations under this Agreement in a timely and proper manner, the District shall have the fight to terminate this Agreement by giving written notice of any deficiency. The Recipient in default shall then have ten (10) calendar days from receipt of notice to correct the deficiency. If the Recipient fails to correct the deficiency within this time, the District shall have the option to terminate this Agreement at the expiration of the ten (10) day time period. 6.2 The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whole, or from time to time in part, whenever the District shall determine that such termination is in the best interest of the District. Any such termination shall be effected by delivery to the Recipient of a Notice of Termination specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective. 6.3 In the event of termination, the District shall compensate the Recipient for all authorized and accepted work performed through the termination date. The District shall be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. 6.4 If either Party initiates legal action, including appeals, to enforce this Agreement, the prevailing Party shall be entitled to recover a reasonable attorney's fee, based upon the fair market value of the services provided. 6.5 In the event the Recipient's funding becomes unavailable, that shall be good and sufficient cause for the District to terminate the Agreement, pursuant to Paragraph 6.2, above. Contract C-15061 Page 4 of 9 FEB 2 5 2003 . 6.6 In the event a dispute arises which the Project Managers cannot resolve between themselves, the Parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent pemaitted by law. ARTICLE 7 - RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows: A. Maintenance of Records. The Recipient shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this Agreement, including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from completing performance and receiving final payment under this Agreement. B. Examination of Records. The District or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five (5) years from the date of final payment under this Agreement and upon reasonable notice, time and place. C. Extended Availability of Records for Legal Disputes. In the event that the District should become involved in a legal dispute with a third party arising from performance under this Agreement, the Recipient shall extend the period of maintenance for all records relating to the Agreement until the final disposition of the legal dispute, and all such records shall be made readily available to the District. ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. 8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable in federal court. 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the Recipient Contract C-15061 Page 5 of 9 AG£#DA IT£~ ~- ~o.~_J~_~~ FEB 2 5 2003 P~. ~ assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Recipient. 8.4 Pursuant to Section 216.347, Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch, or another state agency. 8.5 The Recipient shall obtain, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this Agreement. 8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age, or sex, from participation in, denied the benefits of, or is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. ARTICLE 9 - INDEMNIFICATION AND INSURANCE 9.1 The following indemnification clause shall only be applicable to Investor-owned Utilities or Private Entities For value received, which is hereby acknowledged, the Recipient shall defend, indemnify, save, and hold the District, its agents, assigns, and employees, harmless from any and all claims or causes of action, including without limitation, all damages, losses, liabilities, expenses, costs, and attorney's fees related to such claims, resulting from any negligent or intentional act or omission, or the violation of any federal, state, or local law or regulation, by the Recipient, its subcontractors, agents, assigns, invitees, or employees in connection with this Agreement. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, agents, assigns, invitees and employees with the terms of this Agreement. The provisions of this paragraph survive the termination or expiration of this Agreement. 9.2 The following shall only apply if the work is being performed on District property. The Recipient shall procure and maintain, through the term of this Agreement, insurance coverage reflecting, at a minimum, the limits and coverage conditions identified on the District's Certificate of Insurance, attached and made a part of this Agreement. The coverage required shall extend to all employees and subcontractors of the Recipient. The attached District's Certificate of Insurance shall be completed in full, indicating the producer, insured, carrier's name and Best rating, policy numbers and effective and expiration dates of each type of coverage required. The Certificate shall be signed by the insurance carrier's authorized representative. Contract C-15061 Page 6 of 9 AC.~7~ii' no. ~.- FEB 2 5 10.1 10.2 10.3 11.1 ARTICLE 10 - RELATIONSHIP BETWEEN THE PARTIES The Recipient is an independent contractor and is not an employee or agent of the District. Nothing in this Agreement shah be interpreted to establish any relationship other than that of an independent contractor between the District and the Recipient, its employees, agents, subcontractors, or assigns, during or after the performance of this Agreement. The Recipient is free to provide similar services for others. The Recipient shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be void. It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third-party beneficiary or otherwise. ARTICLE 11 - GENERAL PROVISIONS Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the Detailed Description of Work - Attachment "A" of this Agreement specifies that performance by the Recipient is specifically required during the occurrence of any of the events herein mentioned. 11.2 11.3 In the event any provisions of this Agreement shall conflict, or appear to conflict, the Agreement, including all Attachments, and all documents specifically incorporated by reference, shall be interpreted as a whole to resolve any inconsistency. Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. Contract C-15061 Page 7 of 9 AC~ ttOA IT£H FEB 2 5 2003 7 11.4 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent that the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. 11.5 This Agreement may be amended only with the written approval of the Parties. 11.6 This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or Agreements previously existing between the Parties with respect to the subject matter of this Agreement. The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legally bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreement shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. Contract C-15061 Page 8 of 9 AG£NDA ITEM · N0 · ~__~..~m..~ FEB 2 5 2003 IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date whtten below. SOUTH FLORIDA WATER MANAGEMENT DISTRICT By: Frank Hayden, Procurement Director Date: Recipient's LegalName:Board of County Commissioners,Ex-officio the governing board of the Collier County Water-Sewer Distrf By Authorized Official: Title: Tom Henning. Chairman Date: Project Start Date: April 01, 2003 SFWMD Procurement approved: Date: Con~act C-15061 Page 9 of 9 AG£NOA .o. /a c.. FEB 2 5 2003 2002-2003 SOUTH FLORIDA WATER MANAGEMENT DISTRICT BIG CYPRESS BASIN COOPERATIVE WATER RESOURCES PROJECT APPLICATION FORM Application No: BCB CWRP - FY03 ¢-15061 (District to provide) Attachment "A" The undersigned Applicant has read all of the terms and conditions of the Big Cypress Basin Cooperative Water Resources Projects Funding Program Guidelines and Application, and certify that all of the information contained within this Application and subsequent Attachments are true and correct to the best of its knowledge. Applicant's Legal Name: Collier County Water-Sewer District (State Div./Dept. if applicable) Project Title: Vonderbilt Beach Road 20-Inch Reclaimed Water Main Description: Construction of approximately 8,600 LF of 20-inch reclaimed water main along Vanderbilt Beach Road from Airport Road to Village Walk Circle to increase availability of ,.claimed water to customers east of Z-75. Type of Organization: County ~overnment Is the Project being performed on District property? Applicant's Address: 3301 East Tamiami Trail Bldg. 'H', 3'4 Floor Naples, FL 34112 Funding Amount Requested: $100,000 County in which Project will be Built: Collier County Date of Incorporation: State of Incorporation: Federal ID No.: 21-0?-01999§-§3¢ Yes [] No · ~lease attach District's Certificate of Insurance. Has your organization ever received funding under the Big Cypress Basin Cooperative Water Resources Projects Funding? Yes [] No · Year last received: Authorized Person's Name: a'am~s~ W. DeLony, PE Signature: ~"/.' "':' ': .... Title: Public Utilities Administrator Amount of Funding Received: Telephone Area Code/Number: (239) '~2- 2540 Fax Number: (239) 732-2§26 Contract C-.15061 Page 1 of 5 FEB 2 5 2003 3.0 Work Breakdown Structure 3.1 Descriptions of Projects Elements The project is comprised of construction of a new 20-inch reclaimed water transmission main to match existing pipeline sizes presently installed along Vanderbilt Beach Road. The tasks required to complete the new pipeline is as follows: Task 1 - Competitive Bidding and Award of Contract · Advertise project · Receive bids · Award contract and give' notice to proceed Work Products: Bidding and Contract Documents and Construction Permits. Deliverables: Approved Contract Documents, Construction Permits. Task 2 - Construct New Pipeline · Review shop drawings and contractor submittals · Mobilize to site · Construct new 20-inch pipeline · Test pipe, make final connections and operate new pipeline Work Products: Contractor Submittals, Equipment List, Material and Supplier's List, Subcontractors List. Deliverables: New 20-inch Reclaimed Water Transmission Main. Task 3 - Final Contract Documents · Prepare as-built construction plans · Project close-out Work Products: Shop Drawings and RecOrd Drawings. Deliverables: Final Construction Documents. 3.2 Project Justification This project is justified because it provides much-needed reclaimed water transmission main to an area that is presently without a source of reclaimed water. The cost benefits for providing reclaimed water for irrigation use outweighs the cost of providing potable water for irhgation purposes. Contract -15061 Fage 2 of 5 ~ PG.,J! DETAILED DESCRIPTION OF PROJECT Statement of Work for Vanderbilt Beach Road Reclaimed Water Main 1.0 Introduction The County,' in an ongoing commitment to decrease the mount of potable water being used to irrigate lawns, provides reclaimed water generated at the County wastewater treatment facilities for irrigation purposes to neighboring golf courses, park, and large developments. The County presently has an extensive reuse program tlmt provides reclaimed water to most of the service area. The County continues to improve the reclaimed water coverage area by providing new transmission mains to areas of the County that are not presently served with a reclaimed water source. The area adjacent to Vanderbilt Beach Road, east of 1-75, is experiencing rapid growth with newer residential neighborhoods and golf courses, and is one such portion of the County where the network of reclaimed water transmission mains has not been constructed. The County recently completed the design plans and specifications for 8,600 linear feet of 20-inch reclaimed water transmission main to be constructed along Vanderbilt Beach Road in the North Service Area. The project will provide the much-needed hydraulic loop between the source of reclaimed water at the North County Water Reclamation Facility (NCWRF) along Goodlette-Frank Road and the outlying transmission system east of Interstate-75 and County Road 951. The project is in the heart Collier County's fastest growing area with high irrigation water demands. By providing this connection between two existing 20-inch transmission mains presently installed alongVanderbilt Beach Road, the Vanderbilt Beach Road reclaimed pipeline will be complete east of Airport-Pulling Road to west of Village Walk Circle. 2.0 Project Scope The PROJECT includes the following: · Competitive bidding and award of the project; · Review of shop drawings from the contractor, · Construction of the pipeline; · Testing and connections; and · Inspections and delivery of final construction documents. Contract C-15061 Page 3of5 AGC I~lO& IT[il I N0..__~.~ FEB 2 5 2003 3.3 Long-Term Benefits As with other reclaimed water transmission mains presently in operation throughout the County, this connection will provide an increase in wor'king pressures for the eastern area of the reuse system. Once constructed, the pipeline will provide a source of irrigation water to the residents along Vanderbilt Beach Road. The County has recently completed a north-south interconnection of the reclaimed water transmission system. This pipeline will allow more reclaimed water flow to be sent from the South County Water Reclamation Facility to the areas of high demand in the North Service Area. This will reduce the need to pump water from the Immokalee (supplemental water) well field during periods of high demand. In addition, the reduction of potable water being used for irrigation purposes will reduce potable water demands and the need for costly water treatment plant and wellfield expansions, thus providing a long-term benefit to the natural water resources of the Big Cypress Basin. 4.0 Project Cost The project cost identified in the County's FY 03 budget for this project is $739,600. 5.0 Location of Project The 8,600-inear feet of new 20-inch transmission main will be constructed within the r/ght-of-way of Vanderbilt Beach Road, from Airport-Pulling Road east to Village Walk Circle, as shown on Fi~maxe 1. 6.0 Schedule The reclaimed water transmission main can be bid and constructed within 12 months. The proposed schedule for the various tasks described above is as follows: Task/Description Time for Completion ,. Cumulative Time for Completion Task 1' Bidding 12 Weeks 12 Weeks Task 2: Construction 32 Weeks 44 Weeks Task 3: Final Documents 8 Weeks 52 Weeks Contract C-!5061 Page 4 of 5 LEE cOUNTY BAY 0 .5 2 MILES g* ! lO ',OJECT LOCATION FIGURE 1 H -'2 27 2'2. 30 VANDERBILT BEACH ROAD RECLAIMED WATER INTERCONNECT COLUER COUNTY GOVERNMENT PUBLIC UTIUTIES ENGINEERING DEPARTMENT SOUTH FLORIDA WATER MANAGEMENT DISTRICT COOPERATIVE WATER RESOURCES PROJECT APPLICATION FY 2003 - BIG CYPRESS BASIN - J FEB 2 52003 Contract C-15061 Page 5 of 5 BRBBI,,BY AND HANIEN '-~-: I ~ NOVEMBI:'R~ 2003 - 2004 SOUTH FLORIDA WATER MANAGEMENT DISTRICT BIG CYPRESS BASIN COOPERATIVE AGREEMENT Recipient: COLLIgR COUNTY - WATER/SEWER Recipient's Project Manager: James W. DeLony Address: Contrai~t Number:..~C-"15062.,. :/ :/.?: ....: :-:-- ~ ~.- . .. . ' i. "" ~ .';: "; :'" ': :~ -i,." - · · Governing Date: Not. Applicable .: Not ~to EXceed; 2685 South Horseshoe Drive Horseshoe Square, Suite 212 Naples, FL 34104 Telephone No: (239) 732-2501 Fax No: (239) 659-5790 SFWMD Project Manager: S. Ahmed Address: 6089 Janes Lane Naples, FL 34109 Telephone No: (239) 597-1505 Fax No: (239) 597-4987 Insurance: Applicable/Not Applicable Federal Employer Identification Number: 21-00-019995-53C; Effective until 10/26/07 Project Title: South County Wastewater Service Area Inflow & Infiltration Study Description: Inflow & infiltration study of existing sanitary sewer system for the South County Wastewater Service Area, identify wastewater repairs, coordinate stormwater improvements and establish public awareness program. Contract C-15062 Page I of 9 NO. ~~,~ FEEl 2 5 2O03 This Agreement is entered into between "the Parties", the South Florida Water Management District, the "District", and the undersigned Applicant, hereinafter referred to as the "Recipient". The Recipient warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all legal, financial, and reporting requirements, such as matching funds and final reports for all funding received by the Recipient from the District. ARTICLE 1 - PROJECT 1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct and perform all work items described in the "Detailed Description of the Project," attached hereto as Attachment "A", and made a part of this Agreement. 1.2 As part of the services to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever forum reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or termination of this Agreement. ARTICLE 2 - TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall commence on the Project Start Date stated by the Recipient on the last page of this Agreement and shall continue for a period of one (1) year. 2.2 The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement. ARTICLE 3 - COMPENSATION/CONSIDERATION 3.1 As consideration for providing the goods and services required by this Agreement, the District shall pay the Recipient the funding amount as specified on front page. Such amount is a not to exceed amount and therefore, no additional consideration shall be authorized. Recipient must provide at least fifty (50) percent of the total project cost. 3.2 The Recipient assumes sole responsibility for all work, which is performed pursuant to Attachment "A." By providing funding hereunder, the District does not make any warranty, guaranty, or any representation whatsoever regarding any of the work performed hereunder, including but not limited to the adequacy or sufficiency of all or any part of work described in Attachment "A". Contract C-15062 Page 2 of 9 FEB 2 5 2003 ARTICLE 4 - FUNDING PAYMENTS AND REPORTING 4.1 The District shall make payment to the Recipient upon completion and acceptance of the Project. The Recipient shall provide certification that the Project has been completed in accordance with Attachment "A" of this Agreement. 4.2 The Recipient's invoice shall reference the District's Contract Number and shall be sent to the Project Manager at the address stated on the first page of this Agreement. The Recipient shall not submit an invoice to any other address at the District. 4.3 4.4 4.5 5.1 5.2 The District shall inspect all work and review final reports before authorization of payment is made to the Recipient. The District shall pay the full amount of the invoice within thirty (30) days of receipt and acceptance, provided the Recipient has performed the work according to the terms and conditions of this Agreement. Funding will be withheld if the Recipient has not submitted required reports or met all of the administrative requirements. Upon award of the Agreement, the Recipient shall provide to the District a detailed schedule of the Project. The Recipient shall provide three (3) copies of progress reports on a quarterly basis to the District, which shall describe the extent of Project completion. Upon request by the District, the Recipient shall provide as supporting documentation, all work products associated with the completion of the tasks designated in the Work Breakdown Structure and Deliverable Schedule of Attachment "A", attached hereto to this Agreement. However, failure by the Recipient to follow the foregoing instructions may result in an unavoidable delay of payment by the District. ARTICLE 5 - PROJECT MANAGEMENT The Parties shall direct all matters arising in connection with the performance of this Agreement, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Agreement. All notices, demands, or other communications to the Recipient under this Agreement shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the address stated on the first page of this Agreement. Contract C-15062 Page 3 of 9 FEB 2 5~003 [ ~'~. '~' 7 ,~ ~ All notices to the District under this Agreement shall be in writing and sent by certified mail to the South Florida Water Management District at the below address: Atto: J. M. Rule, C.P.M. Contracts - Procurement Department 3301 Gun Club Road West Palm Beach, FL 33406 5.3 All notices required by this Agreement shall be considered delivered upon receipt. Should either Party change its address, written notice of such new address shall promptly be sent to the other Party. 5.4 All correspondence to the District under this Agreement shall reference the District's Contract Number. ARTICLE 6 - TERMINATION/REMEDIES 6.1 If Recipient fails to fulfill its obligations under this Agreement in a timely and proper manner, the District shall have the right to terminate this Agreement by giving written notice of any deficiency. The Recipient in default shall then have ten (10) calendar days from receipt of notice to correct the deficiency. If the Recipient fails to correct the deficiency within this time, the District shall have the option to terminate this Agreement at the expiration of the ten (10) day time period. 6.2 The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whole, or from time to t/me in part, whenever the District shall determine that such termination is in the best interest of the District. Any such termination shall be effected by delivery to the Recipient of a Notice of Termination specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such term/nation becomes effective. 6.3 In the event of termination, the District shall compensate the Recipient for all authorized and accepted work performed through the termination date. The District shall be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. 6.4 If either Party initiates legal action, including appeals, to enforce this Agreement, the prevailing Party shall be entitled to recover a reasonable attorney's fee, based upon the fair market value of the services provided. 6.5 In the event the Recipient's funding becomes unavailable, that shall be good and sufficient cause for the District to terminate the Agreement, pursuant to Paragraph 6.2, above. ,~r,~ Contract C-15062 ?~8¢ 4 oi' 9 FEB 2 5 2003 6.6 In the event a dispute.arises which the Project Managers cannot resolve between themselves, the Parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent permitted by law. ARTICLE 7 - RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit fights as follows: A. Maintenance of Records. The Recipient shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this Agreement, including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from completing performance and receiving final payment under this Agreement. B. Examination of Records. The District or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five (5) years from the date of final payment under this Agreement and upon reasonable notice, time and place. C. Extended Availability of Records for Legal Disputes. In the event that the District should become involved in a legal dispute with a third party arising from performance under this Agreement, the Recipient shall extend the period of maintenance for all records relating to the Agreement until the final disposition of the legal dispute, and ail such records shall be made readily available to the District. ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The Recipient, its employees, subcontractors or assigns, shall comply with ail applicable federal, state, and local laws and regulations relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. 8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable in federal court. 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the Recipient Contract C-15062 Page 5 of 9 assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Recipient. 8.4 Pursuant to Section 216.347, Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch, or another state agency. 8.5 The Recipient shall obtain, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this Agreement. 8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age, or sex, from participation in, denied the benefits of, or is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. ARTICLE 9 - INDEMNIFICATION AND INSURANCE 9.1 The following indemnification clause shall only be applicable to Investor-owned Utilities or Private Entities For value received, which is hereby acknowledged, the Recipient shall defend, indemnify, save, and hold the District, its agents, assigns, and employees, harmless from any and all claims or causes of action, including without limitation, all damages, losses, liabilities, expenses, costs, and attorney's fees related to such claims, resulting from any negligent or intentional act or omission, or the violation of any federal, state, or local law or regulation, by the Recipient, its subcontractors, agents, assigns, invitees, or employees in connection with this Agreement. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, agents, assigns, invitees and employees with the terms of this Agreement. The provisions of this paragraph survive the termination or expiration of this Agreement. 9.2 The following shall only apply if the work is being performed on District property. The Recipient shall procure and maintain, through the term of this Agreement, insurance coverage reflecting, at a minimum, the limits and coverage conditions identified on the District's Certificate of Insurance, attached and made a part of this Agreement. The coverage required shall extend to all employees and subcontractors of the Recipient. The attached District's Certificate of Insurance shall be completed in full, indicating the producer, insured, carrier's name and Best rating, policy numbers and effective and expiration dates of each type of coverage required. The Certificate shall be signed by the insurance carrier's authorized representative. NO. ~_. Contract C-15062 Page 6 of 9 FEB 2 5 2003 lO.1 10.2 10.3 11.1 11.2 11.3 ARTICLE 10 - RELATIONSHIP BETWEEN THE PARTIES The Recipient is an independent contractor and is not an employee or agent of the District. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the District and the Recipient, its employees, agents, subcontractors, or assigns, during or after the performance of this Agreement. The Recipient is free to provide similar services for others. The Recipient shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be void. It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third-party beneficiary or otherwise. ARTICLE 11 - GENERAL PROVISIONS Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the Detailed Description of Work - Attachment "A' of this Agreement specifies that performance by the Recipient is specifically required during the occurrence of any of the events herein mentioned. In the event any provisions of this Agreement shall conflict, or appear to conflict, the Agreement, including all Attachments, and all documents specifically incorporated by reference, shall be interpreted as a whole to resolve any inconsistency. Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the Paxty against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. Contract C-15062 Page 7 of 9 11.4 11.5 11.6 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent that the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. This Agreement may be amended only with the written approval of the Parties. This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or Agreements previously existing between the Parties with respect to the subject matter of this Agreement. The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legally bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreement shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. Contract C-15062 Page 8 of 9 FEB 2 5 2003 IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. SOUTH FLORIDA WATER MANAGEMENT DISTRICT By: Frank Hayden, Procurement Director Date: Recipient's Legal Name: Board the govern±rig board of the Collier By Authorized Official: Date: of County Comm~m~ers, CountyWater-Sewer Project Start Date:March Ex-offici¢ District Aaalsmat County Attorney SFWMD Procurement approved: Date: r.2/MA///~/~& // Contract C-15062 Page 9 of 9 AC,~NOA IT£# ~, FEB 2 5 2OO3 2002-2003 SOUTH FLORIDA WATER MANAGEMENT DISTRICT BIG CYPRESS BASIN COOPERATIVE WATER RESOURCES PROJECT APPLICATION FORM Application No: BCB CWRP - FY03 c-15062 (District to provide) The undersigned Applicant has read all of the terms and conditions of the Big Cypress Basin Cooperative Water Resources Projects Funding Program Guidelines and Application, and certify that ali of the information contained within this Application and subsequent Attachments are true and correct to the best of its knowledge. Applicant's Legal Name: Collier County Water-Sewer (State Div./Dept. if applicable) Project Title: South County Wastewater Service Area Inflow and Infiltration Study Description: Inflow and infiltration study of existing sanitary sewer system for the South County Wastewater Service Area, identify zstewater repairs, coordinate stormwater improvements and establish public awareness /pr of Organization: County Government Applicant's Address: 3301 East Tamiami Trail Bldg. 'H', 3ra Floor Naples, FL $411Z Funding Amount Requested: $100,0OO County in which Project will be Built: Collier County Date of Incorporation: State of Incorporation: Federal ID No.: Z1-07-019995-53C Is thc Project being performed on District property? Yes [] No [] :lease attach District's Certificate of Insurance. ;our organization ever received funding under the Big Cypress Basin Cooperative Water Resources Projects Funding? Yes [] No [] Year last received: Authorized Person's Name: 3'a,mes W. I>eLony, PE Signature: "; :'-: f ;' ,~ 2'"~: '- ' Title: "Publi~' ~S ~dmi nis'~rator Amount of Funding Received: Tele~--¢hone Area Code/Number: (239) 732-2540 Fax Number: (239) 7:32-2526 Contract C-15062 Page 1 of 7 AGEND& IT£~ FEB 2 5 2003 DETAILED DESCRIPTION OF PROJECT Statement of Work for South County Wastewater Service Area Inflow and Infiltration Study 1.0 Introduction The South County Wastewater Service Area includes several older developments in Iow-lying areas. Dur/ng per/ods of wet weather, the wastewater system experiences overflows at wastewater pumping stations and flows to the treaUnent plant increase dramatically. The project includes two components during the next twelve months. One component is the wastewater inflow and infiltration (I/I) study and the second component is the stormwater improvement study. Implementation of improvements will start after completion of the study and is not included in the Statement of Work for the next twelve months. The goals of this study are to: Identify wastewater system improvements to eliminate wastewater overflows in the South Service Area during wet. xveather events and reduce stormwater and groundwater flows to the wastewater treatment plants; · Identify stormwater improvements to mininnz' e local flooding in the South Service Area; and · Establish a public awareness program to explain the importance of reducing stormwater inflows to the wastewater system. This project will identify improvements to significantly reduce flows to the wastewater treatment plants, thus potentially postponing the need for costly plant expansions. This project will also assist in development of stormwater system improvements that will reduce localized flooding. This project was identified in the 2001 Wastewater Master Plan Update, which was adopted by the Board of County Commissioners (BCC) on December 8, 2001. Funding for the project is included in the Count)~s FY 2003 budget, which has also been approved by the BCC. 2.0 Project Scope The project includes the following: · Review of existing data relating to the south wastewater collection system; · Coordination with the Stormwater Section of the Transportation Engineering and Construction Management Department of the Transportation Division (Stormwater Section); · Procurement of testing contractors; · Determination of additional data gathering and testing required for identification of system deficiencies or areas of excessive inflow and/or infiltration; · Public education; · Identification of stormwater collection improvements; Data collection and field testing by testing contractor(s); and · Preparation of a summary of data collected and recommended repairs. Contract C-15062 Page 2 of 7 AG£~,IDA ITE~ .o. FEB 2 5 2003 The output for these sen:ices will be a report to the County detailing the data collected, field testing results, deficiencies identified, recommended repairs and implementation schedules. A description of the tasks is presented below. 3.0 Work Breakdown Structure Task 1. Gather and Review Existing Dat_a Gather and review available basic data relating to the south wastewater collection system, including the following: · Electronic files of wastewater collection system and storm sewer system for the portion of the systems owned by Collier County, including available GIS information; · Available plans of privately owned systems that connect to the Collier County system; · Existing data relating to wastewater flow measurements, pumping station nm times, rainfall data, seasonal population by service area, and aerial mapping; · Review selected information that has been obtained by Collier County Wastewater Collections Department, including TV inspections, testing reports, sewer repair records, smoke testing records, manhole inspection reports and related available information; and · Obtain available information on localized flood data from the Stormwater Section. Task 2. Develop Data Collection Approach Based on review of existing data, identi$' additional data collection and testing requirements and procedures. · Prioritize, in coordination with the Wastewater Collections Department, the locations where additional data gathering and testing is required. · Perform windshield field review of study area. · Develop data gathering and testing procedures for high-priority locations that may include the following: 1. Wet/dry weather flow measurements/monitoring 2. Smoke testing of sewers 3. Dye water tracing 4. Manhole inspections 5. TV inspections · Develop and prioritize procedures for wet weather event data collection, which may include the following: 1. Flow measurement at selected manholes and pumping stations 2. Rainfall data collection 3. Identification of localized flooding · Procure contractors to perform Ltl testing services. Bidding documents for contractor I/I testing services will be advertised and received by the County Purchasing Department. Contract C-15062 Page 3 of 7 FEB 2 5 2003 Task Coordinate with Stormwater Section Collect and review current planned stormwater hnprovements within the Project area. Assist Coun~ Stormwater Section in development and review of stormwater ophons. Attend meetings with County Stormwater Section to coordinate I/I study procedures, obtaining new data and evaluation of data. Task 4. Collect New Data Execute data collection approach developed in Task 2. Contact owners of private systems to allow entry and schedule for inspections and testing. Perform field inspections and assist in data collection. Summarize collected data in Excel spreadsheet format. Spreadsheet data shall include system deficiencies by location and information related to recommended repairs, including repair type and repair schedule. Ail testing will be performed by contractors currently retained by the County. Task 5. Prepare Summary_ Report Prepare draft report to document field-testing results, including locations tested, types of tests performed, test results, and deficiencies noted. Report shall include photographic documentation of deficiencies and repairs. Recommendations shall be presented based on cost-effectiveness. Submit ten copies of the draft report to County for review. Prepare final report. Meet with County to discuss draft report comments. Submit ten copies of final report to County. Task 6. Public Awareness Pro_re'am There will be interface with the public during the field-testing program. In advance of testing, the public will be made axvare of the testing program. Meetings will be held with homeowners associations and doorknockers will be provided in the areas to be tested. A brochure will be prepared to send with the wastewater bill to the customers explaining the Iq program and demonstrating the importance of reducing inflow and infiltration, including the additional costs to pump and treat stormwater at the wastewater plants. The brochure will include potential proposed stormwater system improvements and discourage residents from opening cleanouts and manholes to drain locally flooded areas. This brochure will be added to the County's website. 4.0 Project Cost The project cost identified in the FY 03 budget for this study is $200,000. Contract C-15062 Page 4 of 7 FEB 2 5 2003 PG. 5.0 Location of the project The general location where the study will be performed is shown on Figure 1. Specific locations within the study area will be prioritized based on local flooding problems and locations of wastewater spills associated with wet weather. 6.0 Deliverable Schedule The inflow and Infiltration study will be completed within one year. The proposed schedule for the various tasks described above is as follows and as shown on Table 1: Cumulative Time for Task Description Task 1: Gather Data Task 2: Devei~ Data Collection A roa~_~_~_~ Task 3: Coordinate with Stormwater Section Task 4: Collect New Data Task 5: Prel~are Summ~ Task 6: Public Awareness Program Time for Completion 4 Weeks 10 Weeks 30 Weeks 12 Weeks Completion 4 Weeks 13 Weeks Concurrent with other tasks 43 Weeks 52 Weeks Concurrent with other tasks Contract C-15062 Page 5 of 7 FEB 2 5 2O03 PG. ;'2 Contract C-15062 Pa§e 7 of ? NO._ yf. ~ FEB 2 5 2003 EXECUTIVE SUMMARY APPROVE THE CHAIRMAN TO SIGN A TRAINING AGREEMENT BETWEEN COLLIER COUNTY AND THE CLINIC HOSPITAL AFFILIATION CLEVELAND OBJECTIVE: For the Chairman to sign this agreement allowing for EMS department Paramedics the ability to obtain clinical training experience within the Cleveland Clinic facility. CONSIDERATION: Pursuant to the request of the County Medical Director, the EMS department has developed a program that places special attention on training in areas where paramedics do not perform or encounter a clinical skill on a regular basis. For example, a Paramedic may work an entire year without once having a call where the intubation of a patient with an endotrachael tube is required. Through the enclosed agreement, the Cleveland Clinic hospital has generously offered their assistance in providing this very important clinical exposure in a real life setting. FISCAL IMPACT: This program will utilize existing budgeted funds in EMS. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board authorizes the Chairman to sign an affiliation training agreement between Collier County and the Cleveland Clinic Hospital allowing for expanded clinical and educational opportunities for County Paramedics. SUBMITTED BY: REVIEWED BY: APPROVED BY: Date: /Jorg~Ag~il~ra, Training Commander Emergency Med..~.b.~e~iees Department ~~~~~ Date: Robert B Tober, M D; FACEP Collier County Medical Director REVIEWED BY: ~LL ~. ~ Date: jeffz~~rect~.~ ~m~y Medical ~~ment ~ B~uck, Adminis~ator Public Se~ices Division Agen c~. ~Im ~ FEB 2 5 2003 I Pg*~ AFFILIATION AGREEMENT By and Between: CLEVELAND CLINIC FLORIDA HOSPITAL NAPLES NON-PROFIT CORPORATION 6101 Pine Ridge Road Naples, Florida 34119 BOARD OF COUNTY COMMISSIONERS 3301 Tamiami Trail Naples, Florida 34110 BOARD OF COUNTY COMMISSIONERS, hereinafter referred to as "EMS" and CLEVELAND CLINIC FLORIDA HOSPITAL NAPLES NON-PROFIT CORPORATION, hereinafter referred to as "Affiliate", enters into this agreement. This agreement is for the following program: · Clinical experience in the Emergency Department for Paramedics assigned To EMS (see Addendum) WHEREAS, EMS is desirous of establishing an agreement to guide and direct the parties respecting their affiliation and working relationship, inclusive of anticipated future arrangements and agreements in furtherance thereof, to provide high quality clinical learning experiences for paramedics assigned to EMS with Affiliate. NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: A. GENERAL UNDERSTANDING: 1. The clinical learning experiences to be provided will be of such content and cover such periods of time as may, from time to time, are mutually agreed upon by EMS and the Affiliate. The number of paramedics designated for participation in a clinical learning experience, the time and length of the learning experience, and the availability of learning opportunities will be mutually determined by agreement of the parties in advance of the clinical assignment. All paramedic participants must be mutually acceptable to both parties and either party may temporarily withdraw any paramedic from the learning experience if safety is at risk. If for any other reason either party reasonably believes that it is not in the best interest of the Affiliate, EMS, and/or paramedic for the paramedic to continue the matter will be discussed by appropriate Affiliate and/or EMS officials. Further action regarding paramedic status will follow EMS policy. B. MUTUAL RESPONSIBILITIES (EMS, Affiliate, Paramedics): The parties will work together to maintain an environment of quality clinical learning experiences and quality client care. At the request of either party, a meeting or conference will be promptly held between EMS and Affiliate representatives to resolve any problems, evaluate and improve program, propose changes in curriculum design, or develop any improvements in the operation of the contemplated clinical learning experience. FEB 2 5 2003 Pg. ~ _ Co ° All parties will be nondiscriminating on the basis of a person's race, color, gender, religion, creed, national origin, disability, marital status, Vietnam or disabled veteran status, or age. All parties will make reasonable accommodation for disabled persons. In the event of an accident or incident which might involve legal liability on the part of a paramedic, each party will submit an incident or accident report to the appropriate department within the EMS or Affiliate. 4. The confidentiality of client and student records shall be maintained at all times. AFFILIATE RESPONSIBILITIES: 1. The Affiliate will be responsible for the organization, administration, staffing, operating, and financing of its services, and the maintenance of accepted standards for efficient management, and will operate in accordance with acceptable health care standards. 2. The Affiliate will retain responsibility for the care of clients/patients and will maintain administrative and professional supervision of paramedics insofar as their presence and program assignments affect the operation of the Affiliate and its care, direct and indirect, of clients/patients. The Affiliate will provide qualified personnel to supervise/instruct paramedics, as applicable. 3. The Affiliate will refrain from the practice of using paramedics in lieu of professional or non- professional staff. 4. The Affiliate will accept from EMS the number of paramedics that qualified staff, time, and space permit. 5. The Affiliate will provide the paramedic appropriate participation in client care or other learning processes necessary to accomplish the educational outcomes of the affiliation experience. 6. The Affiliate shall provide appropriate orientation for both EMS staffand participating paramedics (e.g. facility tour, philosophies, rules, regulations, policies, and conduct expectations). 7. The Affiliate will provide adequate resources for participating paramedics in accordance with the objectives developed through cooperative planning by EMS and the Affiliate's staff. Included may be such resources as library, conference space, classrooms, cafeteria, lounges, parking, office or work space, and dressing rooms. 8. The Affiliate shall, as appropriate, assist EMS in collaborative assessment of each paramedic. 9. The Affiliate will provide emergency care to paramedics and faculty in case of accident or illness while engaged in clinical learning experiences. EMS RESPONSIBILITIES: 1. EMS will use its best efforts to ensure that the clinical learning experiences are conducted in such a manner as to enhance client/patient care. 2. EMS will assure that Paramedics selected for participation in clinical learning experiences are prepared for competent and safe participation in the clinical experiences. uo._/~, FEB 2 5 2003 3. Prior to the commencement of a clinical learning experience, EMS will provide responsible Affiliate officials with the name(s), dates and hours of assignment of paramedics. EMS will require paramedics to abide by the Affiliate's rules, standards, regulations and procedures, and use its best efforts to keep paramedics informed as to the same and any changes therein. EMS will require paramedics to either be vaccinated for Hepatitis B or sign a release if declining that vaccination, and complete all other immunizations/health examinations required by the Affiliate. EMS will maintain proof of liability insurance for participating paramedics and faculty, with minimum limits of $1,000,000/$3,000,000. Upon request, evidence of such insurance will be provided. EMS assumes any and all risks of personal injury and property damage attributable to the negligent acts or omissions of EMS paramedics while acting within the scope of their employment by EMS. E. GOVERNMENT REGULATIONS: To the extent applicable, Affiliate agrees that it will comply with: Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq., which prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving or benefiting from federal financial assistance. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefiting from federal financial assistance. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving or benefiting from federal financial assistance. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from federal financial assistance. The Omnibus Budget Reconciliation Act of 1981, P.L. 97-35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from federal financial assistance. Executive Order 11246 of September 24, 1965 as amended, and of the rules, regulations and relevant orders of the Secretary of Labor, which prohibit discrimination in government employment on the basis of race, creed, color, or national origin. 7. The Vietnam Era Veteran's Readjustment Assistance Act of 1974, as amended, 38 U.S.C.219 et seq., covering rehabilitation measures for Vietnam Veterans. FEB 2003 Fo 8. Section 413.036 of the Florida Statutes, which provides for the procurement of services from a qualified nonprofit agency for the blind or for the other severely handicapped. 9. Chapter 760, Florida Statutes, which prohibits discrimination on the basis of race, color, religion, sex, national origin, age, handicap, or marital status. 10. All regulations, guidelines and standards as are now or may be lawfully adopted under the above statutes. AGREEMENT REVIEW: This agreement shall be effective upon the date of last parties signature, and shall be reviewed by each party annually, or when requested by either party, and remains in effect unless canceled by either party, and shall not be affected by changes in ownership, personnel, positions, and/or titles. (Change in Affiliate ownership will be reported to EMS within 30 days.) The Agreement may be cancelled by either party only after written notice to the other party of the intent to cancel. Written notice of cancellation shall be made not less than ninety (90) days prior to the beginning of the next scheduled learning experience. In no event may a cancellation take effect during a clinical training cycle, thereby allowing paramedics currently enrolled and participating to have the opportunity to complete the program at the Affiliate. This Agreement may be unilaterally canceled by EMS for refusal by the Affiliate to allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by Affiliate in conjunction with this Agreement. All notices and all other matters pertaining to this Agreement requiring delivery to a party shall be in writing and shall be deemed to have been duly given when received by the addressees at the following addresses. Melinda L. Estes, M.D. and Chief Executive Officer Cleveland Clinic Florida Hospital Naples Non-Profit Corporation 6101 Pine Ridge Road Naples, Florida 34119 The Cleveland Clinic Foundation Office of General Counsel-Mail Code TT33 9500 Euclid Avenue Cleveland, Ohio 44195 Ge MISCELLANEOUS NON-DISCRIMINATION. When carrying out this Agreement, each party agrees not to discriminate on the basis of religion, race, creed, national or ethnic origin, sex, age, handicap, political affiliation, sexual orientation, disability or status as a disabled veteran or veteran of the Vietnam era. SCREENING REQUIREMENTS. EMS shall ensure students comply with all recommended screening requirements of Affiliate to ensure student is suitable and able to interact with patients; i.e., criminal background check health screening tests and vaccinations (PPD and MMR), drug screening, .- and fingerprinting. Such test results shall be made available to Affiliate upon reque FEB 2 § 2003 pg. -.~ EMS shall provide documentation that all students have received Occupational Safety and Health Administration training for bloodborne pathogens and universal precautions and shall be offered Hepatitis B vaccination. If Hepatitis B vaccination is declined the student shall be required to sign a form indicating that they are award of the virus. DRUG FREE WORKPLACE. EMS shall inform all students participating in the program that Affiliate is committed to keeping its work place free of illegal drugs in accordance with the guidelines set forth in the Drug-Free Workplace Act of 1988, Pub. L. No. 200-690, codified at 41 U.S.C. § 701, et. seq. Compliance with this drug prohibition is a condition of participation in the program and violators are subject to discipline including termination of participation privilege. Accordingly, illegal drugs are prohibited on Affiliate premises and Affiliate will not tolerate the unlawful or unauthorized use, manufacture, possession, sale or transfer of illegal or controlled substances of abuse or unauthorized use of alcohol on or around Affiliate property. CHANGE IN LAW. By entering into this Agreement, the parties specifically intend to comply with all applicable laws, rules and regulations as they may be amended from time to time. In the event that any part of this Agreement is determined to violate federal, state, or local laws, rules, or regulations, the parties agree to negotiate in good faith revisions to the provision or provisions that are in violation. In the event the parties are unable to agree to new or modified terms as required to bring the entire Agreement into compliance, either party may terminate this Agreement on thirty (30) days written notice to the other party. COMPLIANCE WITH FEDERAL PROGRAMS. By signing this Agreement, EMS hereby represents and warrants the following: that it has not been debarred, excluded, suspended or otherwise determined to be ineligible to participate in federal health care programs (collectively, "Debarment" or "Debarred", as applicable); and that it shall not knowingly employ or contract with, with or without compensation, any individual or entity (singularly or collectively, "Agent") listed by a federal agency as Debarred. To comply with this provision, EMS shall make reasonable inquiry into the status of any Agent contracted or arranged by EMS to fulfill the terms of this Agreement by reviewing, at a minimum, the Health and Human Services - Office of Inspector General Cumulative Sanctions Report (www.dhhs.gov/progorg/oig) and the General Services Administration List of Parties Excluded from Federal Procurement and Non-Procurement Programs (www.amet.gov/epls), which internet sites may be revised from time to time by the U.S. government. EMS agrees to act in compliance with all laws and regulations, including without limitation, Medicare and Medicaid program requirements as applicable and federal and state privacy laws and regulations including the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), which relate to EMS's performance of this Agreement. EMS agrees that Affiliate shall have the right to automatically terminate this Agreement in the event EMS fails to comply with this provision. By signing this Agreement, EMS agrees that Affiliate shall have the right to automatically terminate this Agreement in the event that EMS is debarred, excluded, suspended or otherwise determined to be ineligible to participate in federal health care programs (collectively, "Debarred" or "Debarment"). Accordingly, EMS shall provide Affiliate with immediate notice if EMS (i) receives notice of action or threat of action with respect to its Debarment during the term of this Am'eeme-~ ^-, a:~ ~, ...... / FEB 2 5 2003 k Ho Debarred. Upon receipt of such notice from EMS, this Agreement shall automatically terminate without further action or notice. MODIFICATION. This Agreement may not be amended or modified unless done so in writing by both parties to this Agreement. SEVERABILITY. If one or more provisions of this Agreement are held to be unenforceable under applicable law, such provision shall be excluded from this Agreement and the balance of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its term. GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the State of Florida without regard to its conflict of laws provisions. RECEIPT Affiliate hereby acknowledges receipt of a copy of this AGREEMENT. This AGREEMENT must be signed by all parties and dated, and the Addendum attached is incorporated into this Agreement, before it shall take effect. CLEVELAND CLINIC FLORIDA HOSPITAL and BOARD OF COUNTY COMISSIONERS NAPLES NON-PROFIT CORPORATION Signature Signature M¢linda L. Estes. M.D. Date: Date: Witness Witness Witness Witness APPROVED A8 TO FORM .,~CCF-OFFICE OF By(-.-Cd*-*'-~ L~. - ~'Y-'~ .. DATE/-.~ .I /,~ / f ~> 6___ I .. · no./~,/-' .I FEB- 5 20O3 Pg- 7 COUNTY: Attest: DWIGHT E. BROCK, Clerk By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, Chairman Approved ap to Form and Lega-LSufficiency: (ji[:que[ifie Hubbard Robinson 'A~sistant County Attorney FEB 2 5 2003 ADDENDUM TO AFFILIATION AGREEMENT COLLIER COUNTY EMS CLINICAL EXPERIENCE · EKG · Defibrillation · Application of External Pacer · CPR · Intubation Oral Nasal · Suctioning Technique · Oxygen Therapy · IV Therapy Peripheral · Blood Glucose Levels · Blood Gas Drawing under the supervision of Respiratory Therapist · Vital Signs · Wound Care · Nasogastric Tubes .o.J(,, FEB 2 5'2003 EXECUTIVE SUMMARY AWARD OF BID #02-3433 FOR THE PURCHASE OF EMS UNIFORMS TO RSVP LTD. INC. FOR THE EMERGENCY MEDICAL SERVICES DEPARTMENT IN THE ESTIMATED ANNUAL AMOUNT OF $95,000.00 OBJECTIVE: To procure uniforms for the Emergency Medical Services personnel in a cost- effective manner through the award and use of term purchase order contracts. CONSIDERATIONS: The Bid was publicly advertised on September 20, 2002. Notices were sent to fifty-six (56) firms with seventeen (17) vendors requesting full packages. Five (5) responses were received by the due date of October 9, 2002. During the evaluation of the bids, EMS staff contacted the apparent low bidder to verify compliance with the published specifications. EMS staff has recommended the award of the following items to RSVP Ltd. Inc, the lowest responsive bidder: blouses, shirts, trousers, and jackets. It is further recommended that the entire bid offerings of each responsive bidder be awarded as secondary suppliers to be utilized in the event the awardee (RSVP) cannot meet EMS needs. In the event the primary vendor cannot supply the items needed, the next lowest responsive bidder would be contacted for the supply of the items needed. EMS staff has additionally contacted the only responsive bidder for the Flight Suit Style Jumpsuit, ATC Uniforms, Inc., and, due to price considerations is recommending not to award this item at this time, due to it being in the best interest of the County, from a competitive cost stance to purchase this item off-contract. FISCAL IMPACT: Budgeted funds for these expenditures are $95,000.00. Funds for these expenditures are appropriated in EMS fund 490-144610-652110. GROWTH MANAGEMENT PLAN: While this has no direct impact on the Growth Management Plan, it is consistent with the goals of the County to streamline and expedite the procurement of goods/services. RECOMMENDATION: That the Board of County Commissioners award Bid # 02-3433 to RSVP Ltd. Inc. as referenced above for the purchase of EMS Uniforms for the Emergency Medical Services Dep;~rtment. Prepared by: i31en Alderfe{, Lieh~n/ant E~i~II IS/~ce s j?epartment Reviewed by: "\ Da~tm~ ~.~lptain Emergency--'Medical Services Department Reviewed by:- Steve ~-aI~nell, Dirffctor Purchasing/General Services Approved by: Joh~Dunnuck, Administrator Public Services Division Date: 1_2J32~ Agenda. FEB 2 5 20O3 EXECUTIVE SUMMARY AWARD OF BID 02-3420 VETERINARY SUPPLIES FOR DOMESTIC ANIMAL SERVICES DEPARTMENT IN THE ESTIMATED ANNUAL AMOUNT OF $53,900.00. OBJECTIVE: To contract with the recommended awardees to ensure continuous Veterinary supply needs for the Domestic Animal Services Department shelter. CONSIDERATIONS: Because of the need for Veterinary supplies for the Domestic Animal Services shelter, it was determined by staff to be in the best interests of the County to issue a Bid for the referenced supplies to ensure price competitive and reliable sources. The Bid was publicly advertised on September 17, 2002. Notices were sent to 35 firms with 13 vendors requesting full packages. 6 responses were received by the due date of October 8, 2002. The bids received on many items were not found to meet the budget requirements of the department. As provided for in Purchasing Policy Section VI (D) 2 and 3, the Purchasing Department conducted a market survey to investigate potential cost savings by purchasing supplies directly from the Manufacturer. It was determined to be in the best interests of the County to award this bid to multiple vendors, with the addition of manufacturers that would be able to supply products in the most cost-effective manner. The following vendors will be awarded portions of the contract from which they were found to be the lowest qualified and responsive bidder: Bid Respondents: Burnes Veterinary Supply Ft. Dodge Animal Health Services Merritt Veterinary Supply Schering-Plough Inc. Suncoast Surgical Supply Inc. Webster Veterinary Supply The foilowin~ Manufacturers will also supp ,ly various items: Bayer Corporation Merial Limited USA Novartis Inc. Pfizer Animal Health This contract will commence on the date of award by the Board of County Commissioners, and be in effect for one (1) year. The County retains the fight to renew this contract, with the consent of the ve: the same terms and conditions for three (3) additional one-year periods. FEB 2 5 2003 Pg. / FISCAL IMPACT: Funding for the purchase of Veterinary supplies is available in the General Fund within the Domestic Animal Services budget. The total budgeted amount for these expenditures in FY 03 is $53,900. GROWTH MANAGEMENT IMPACT: While this has no direct impact on the Growth Management Plan, it is consistent with the goals of the County to streamline and expedite the procurement of goods/services. RECOMMENDATION: That the Board of County Commissioners award Bid # 02- 3420 to the above referenced vendors, and authorize the additional referenced manufacturers to supply items as required. PREPARED BY.'~~' ' /~/~'~X'"' Date: (' .tim Albury, Purchasi,~f~gent "-Purchasing Departmehr" SUBMITTED By: ~ ~r~ ?aC' Date: V~ da~J-~ Walters,. Director. Domesuc Animal Services REVIEWED BY: ~( ~ L ~--~"?~.~ t~'{ ~./t'i- Date: Stye C~e'i~, Direct~ott ~chasinWGeneral Se~i~es ~VIEWEDBY:~I_ [ ,~ Date:~ J~'D~uck, A~iffis~ator ~blic Se~ices FEB 2 5 2003 Pg.__ ~ FEB 2 5 2003 FEB 2 S 2003 : FEB 2 §. 200~ NOAgendg"~' t/e~ .~ FEB 2 5_2003 FEB 2 2003 P~-~,__,,/ FEB 2 5-2003 FEB 2 5 2003 pg.: ./"-~ _ Agen~ T~em ~ FEB 2 ~ 2O0] FEB 2 5 2003 2003 PcS r2~') FEB 2 5 2~03 2 5 2003 2 5 2003 Pg .~ 2 5 2003 ~ ~! e ' F[t 2 5 2003 2 5 2003 EXECUTIVE SUMMARY APPROVAL TO AWARD CONTRACT #02-3393 TO SPARKS EXHIBITS AND ENVIRONMENTS, INC. TO DESIGN, FABRICATE AND INSTALL EDUCATIONAL EXHIBITS AT THE COLLIER COUNTY MUSEUM. OBJECTIVE: To obtain Board approval of a contract with Sparks Exhibits and Environments, Inc. to design, fabricate and install educational exhibits at the County's historical museums in Naples, Everglades City and Immokalee. CONSIDERATIONS: In May 2002, the Friends of the Collier County Museum funded a professional assessment and study of the Museum's exhibits (built in 1985-86) and developed a comprehensive master plan to design, fabricate, replace and improve the Museum's exhibits for greater visitor interest and appeal, increased educational value, and enhanced security and conservation of the historical artifacts on permanent display. The project was designed to be accomplished in phases over the next several years with minimal disruption to Museum visitors and services. To ensure continuity of design and construction, it was determined to be in the County's best interests to solicit the services of a qualified museum designer and fabricator to oversee all aspects of exhibit construction and installation. Accordingly, a Request For Proposal for these services was prepared and publicly advertised on 6/28/02. Notices were sent to 20 museum exhibit fabrication firms with 11 vendors requesting full packages of information. A total of 6 firms responded by the closing date of 8/01/02. A Selection Committee was subsequently formed and met on 8/13/02 to review and rank the proposals. By unanimous decision of the Committee, the firm of Sparks Exhibits and Environments, Inc. was selected as the first choice. County staff has since negotiated and reached agreement with the top ranked firm to provide these services. FISCAL IMPACT: Tasks associated with each phase of the project will be assigned as funds become available. Funding for the initial phases of the project is currently available in the Museum's Fiscal Year 2003 budget in the amount of $200,000. GROWTH MANAGEMENT IMPACT: While this action has no direct impact, it is consistent with Collier County's goals to streamline and expedite the procurement of services. AGENDA ~/.~E~ NO. FEB 2 5 2003 / RECOMMENDATION: That the Board of County Commissioners approve the award of Contract g02-3393 to the firm of Sparks Exhibits and Environments, Inc. and authorize contract, as approved by the County the Chairman to execute a standard County Attorney. SUBMITTED BY.'-- REVIEWED BY: APPROVED BY: ~/~ Date: Rbn~Jamro, Director Collier County Museums S~vTd~ell, ~kector sing/GeneralServices aepmment ~~_~ ~ Date:T;~ Jo~n Dunnuck, III P~lic Services Administrator 2 5 003 EXECUTIVE SUMMARY APPROVE AWARD OF BID #03-3475 FOR TEMPORARY LABORERS FOR COLLIER COUNTY WORK PROJECTS OBJECTIVE: To contract with recommended bidders to provide temporary labor services to Collier County.- CONSIDERATIONS: This bid replaces previous County Bid #99-2888 for Temporary Labor. On January 17, 2003, the bid was publicly advertised and bid notices were sent to ten (10) fu'ms. Six (6) responses were received by the due date of February 5, 2003. During the evaluation of the bids, Staff determined that two bidders were considered non-responsive due to a lack of presence in Collier County. A third bidder was considered non-responsive due to submitting an incomplete bid. It was then determined that it would be in the best interest of the County to award the bid to Able Body Labor on a primary basis as the lowest, qualified and responsive bidder and to Tandem Staffing and Manpower of Naples, on a secondary basis. This is due to the fact that a single temporary labor service may not always have the level of staffing that may be needed on large or unanticipated projects. This also allows the County to take advantage of pricing from all finns. Hence, the order of utilization under this contract is recommended as follows: 1.) Able Body Labor 2.) Tandem Staffing 3.) Manpower of Naples FISCAL IMPACT: This contract may be utilized by all County departments. Funds are budgeted in the department's respective cost centers as needed. GROWTH MANAGEMENT PLAN: While this has no direct impact on the Growth Management Plan, it is consistent with the goals of the County to streamline and expedite the procurement of goods/services. RECOMMENDATION: That the Board of County Commissioners award Bid No. 03-3475 Temporary Laborers to Able Body Labor as Primary vendor, Tandem Staffing and Manpower of Naples as Secondary vendors as referenced above. Prepared by: " ent ~Purchasing Department Reviewed by:: Steve Camell, Director Purchasing/General Services Approved by:' flkip Caml~, Interim Administrator Administrative Services Date: ")../12-/O~ Date: Date: FEB 2 5 2003 EXECUTIVE SUMMARY AWARD A CONTRACT FOR ARCHITECTURAL SERVICES IN THE AMOUNT OF $500,000.00 FOR THE DESIGN OF THE NEW FLEET FACILITY, RFP # 02-3422. OBJECTIVE: To award RFP # 02-3422, design of the new Fleet Facility to Disney and Associates. CONSIDERATIONS: On November 5, 2002, the Board app,-oved the short list for architectural services for the design of the New Fleet Facility on County Barn Road and authorized staff to negotiate a Professional Services Agreement with the top ranked firm, Disney and Associates. The total not to exceed fee negotiated with Disney and Associates for design services of a 48,650 sq. ft. facility to house the County's Fleet Management and the Sheriff's Fleet Management Departments is $ 500,000.00, which is 7.6% of the estimated Project Budget of $6,600,000.00. FISCAL IMPACT: Funds for the design are available and currently budgeted from the Motor Pool Capital Recovery Fund (Fund 522). GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan. RECOMMENDATIONS: That the Board award RFP # 02-3422 to Disney and Associates and authorize the Chairman to sign an agreement with Disney and Associates after review by the County Attorney's Office. PREPARED BY: /;/~x/ ~.~ //J~?f~' Crognale, ConStruction Manager ,I;/epartment of Facilities Managerpe~nt Daniel I~odfi g&z,~~irector Depmment of F~lities Management DATE: DATE REVIEWED BY SteWeD ~ec~ r~'~'~: "l" o Purchasing Department REVIEWED BY:~ 'Skip Camp, CFM, Interim Administrator Administrative Services Division DATE: NO. ~_~.~.~ FEB 2 5 2003 EXECUTIVE SUMMARY RECOMMENDATION TO DECLARE CERTAIN COUNTY-OWNED PROPERTY AS SURPLUS AND AUTHORIZE A SALE OF THE SURPLUS PROPERTY ON MARCH 15, 2003. OBJECTIVE: To authorize the sale and disposal of all surplus County-owned assets at the next surplus auction, which is scheduled for Saturday, March 15, 2003. CONSIDERATION: Pursuant to the Purchasing Policy, attached is an itemized list of surplus property that has been transferred to the Purchasing Department. The Board of County Commissioners has approximately six hundred and fifty (650) items that will be auctioned, of which there are several pieces of computer equipment, typewriters, furniture, equipment, vehicles, fleet parts, etc. The County is currently under contract with a full-service auctioneer, First Coast Auction & Realty, Inc., to provide comprehensive auctioneer services to include preparation for the event, sale and disposal of all surplus County-owned assets, and the transfer and disposition of all property titles. This sale will be conducted pursuant to Section 274.06, Florida Statute. The items on the attached list are being offered for transfer to other departments prior to auction. In an effort to dispose of additional surplus items received by the Purchasing Department prior to the March 15, 2003 auction date, staff is requesting permission to dispose of additional non-asset surplus items that may be received subsequent to the preparation of this Executive Summary at the March auction. All items sold and their realized values will be reported in a follow-up Executive Summary. FISCAL IMPACT: The net revenue will be credited to the appropriate funds. GROWTH MANAGEMENT IMPACT: This will not effect the growth management impact. RECOMMENDATION: That the Board of County Commissioners authorize the disposal of all surplus County-owned items as per the attached list on March 15, 2003. SUBMITTED BY:~'"~ -"' ~' "'"' "--"-- ------'----- Sue Hebbe, Purchasing Technician REVIEWED BY: . ' f..,- ;;~, ,- ¢ Date: Stephe--nVY. CarrOll, Director Purchasing/General Services APPROVED BY: ~'~~/~,.,~' Date: ~ p Camp, Inter~rt~/(~""rrn"n~strator Administrative Services Division sale and Date: FEB 25 2003 .o./~-~'° FEB 2 5 2003 Pg. AGE~[~A ITEM-'-'~ FEB 2 5 2003 No.y_/,,-,~ '" ,._~ FEB 2 5 2003 Pg ..~ .... FEB 2 5 2003 Pg.. FEB 2 5 2003 FEB 2 5 2003 FEB 2 5 2003 ;'003 °-~-~! FEB 25~003! T FEB 25~003 I FEB 252003 J FEB 2 5 2003 200.t I FEB 2 5 2.003 Miscellaneous Auction Items 2003 MISCELLANEOUS ITEMS COUNTY ASSET # QUANITY Desk Top (Herman Miller) 960811 1 Desk Top (Herman Miller) 1 Gray 4' wide Steelecase Panel ,Desk Tops Desk Pieces 960807, 861373~ 1 (Approximate) 10~ (Approximate) 19 Divider Panels (Various Sizes) Overhead Bins Overhead Bin Front Cover Side Panels For Overhead Bins Shelf Supports Metal Shelves (Various Sizes) Overhead Lights (Various Sizes) Miscellaneous Bracket Pieces (Approximate) 40 (Approximate) 10! (Approximate) 50[ (Approximate) 1101 (Approximate) 40; (Approximate) 50~ (Approximate) 25~ (Approximate) 100 Metal Ballot Boxes 65 Stair Stepper (4' x 1' 6") Stair Stepper Riser (1' 6" x 1' 6") 21 96 Labels 10 Cases Printer Paper Racks (Approximate) 5 Keyboard Trays 20 Cords (Misc: Phone, Power, Etc) 60 Page I of 1 FEB 2 5 2003 Pg'~ DESK i3~ 9" 1 42" Computer Desk 1 5' 38 70" 5 DESK TOP 24" 1 30" 3 42" 9 45" 50 5' 54 5'5" 1 5'8" 1 70" 2 6'3" 1 75" 1 90" 1 TABLES Typewriter 1 30" Printer 2 3' Round 4 6' 2 8' x42" 1 12' 6" x4' 1 STORAGE UNIT 5' 9 HANGING FILES WNARIOUS DRAWERS 105 BINS 30" 85 42" 2 ~5" '~ 36 5' 4 70" 2 CREDENZA 5' 9 ~-ABINET 2' 4" 1 i' Wood 1 CHAIRS Office Chair w/wheels 77' Side Chair 71; Stackable 19~ BLINDS 28' x 52" 4, 31" 2~ 46" x 35" 1 ~4" 2 Property Appraiser Inventory 2003 LIGHT 28" 53 35" 4 40" 29 48" 3 52" 5, 25" 16 30" 85, 35" 33 3 60" 2 dELSIBLUE 45" (short) Page 1 of 1 o o o o o o o o o o o o o o o o o ~ r~ < _ < < < ~< .< < .< ,., ~, _ Z © FEB 2 5 2003 FEB 2 5 20~ Pg. _.~_ ~.~ Z FEB 2 ~ 200~I ~.~/ · I PART NUMBER FLEET MANAGEMENT'S LIST OF INVENTORY ITEMS FOR AUCTION Parts Inventory-Location Surplus STOCK DESCRIPTION UNIT COST EXT COST 1A399 HM203073 K080653 1477 M125413 4030 2216351110 DLXI DS128 550 24P6 24P7 3303009 SP7A06292 ! 0 2902209600 3134 597992C1 E5743 E5946 DIAPHRAMS 6661807 77363045 77364178 82164061920 LF634 20QE29317 9128 59009 BIOBOPJF FS24612 471692 86683449 EU7697 EUB516112 TRA023 MOUNTED BALL BEARING DRIVE BELT 97 HAULMASTER 4016 POLY COG BELT 97 EMS FRTLN 14" WIPER BLADE ASSY MULCHING BLADE JD SB14 SILVER LAMP ASSY 12V USE 4040 CHAIN SPROCKET SHINDAIWA 300 EMS REMOTE TRANSMITTER TOGGLE SWITCH SP/DT HEAVY DUTY FLASHER 20AMP CB MACK TRUCK 25 AMP CB MACK TRUCK GASKET THICK PTO MOUNTING GASKET FILL CAP HYDRO TANK ALAMO SPRING,LOCK HOLDING REAR STUD INT WEDGE GRADALL STUD GRADALL BRAKE CHAMBER DIAMPRAM - ASST INLINE HYD FILTER 863 BOBCAT H/FILT IN TANK GRADALL G3WD I--IYFILT IN LINE GRADALL G3WD HYD FILTER 96 BEACHTECH P S FILTER 93 INTNL 2674DUMP AIR HORN VALVE PIGTAIL FOR SEALED LIGHT ESTER 100 OIL USE W/134 OR R12 SLIME ELIMINATOR AYC LOW PRESS O-RING OIL SEAL NON RETURNABLE RED CLEARANCE LIGHT GRADE-ALL PLATE U-BOLTS AXLE LOWER SPRING TRAILER LEAF TOTAL NUMBER OF PARTS/COSTS 1 1 3 1 1 1 I 4 1 1 1 1 1 1 1 1 1 6 4 13 1 1 2 1 2 2 l 6 1 1 1 6 1 1 1 9.180 36.410 15.190 3.779 11.880 3.550 17.690 28.330 3.870 1.550 3.843 4.570 1.410 5.380 28.980 15.100 2.930 0.860 2.560 2.950 14.080 149.680 42.520 61.080 4.720 5.470 2.730 6.370 14.000 0.530 3.740 5.760 88.820 10.560 58.870 9.18 36.41 45.57 3.78 11.88 3.55 17.69 113.32 3.87 1.55 3.84 4.57 1.41 5.38 28.98 15.10 2.93 5.16 10.24 38.35 14.08 149.68 85.04 61.08 9.44 10.94 2.73 38.22 14.00 0.53 3.74 34.56 88.82 10.56 58.87 945.05 FSR200 MODIFIED/G:CRYSTAL/SURPLUS PARTS 2-03 FEB 2 5 EXECUTIVE SUMMARy, APPROVAL TO AWARD BID # 03-3472 IN THE AMOUNT OF $65,000 FOR "EXTERIOR PRESSURE STEAM CLEANING" TO PRECISION CLEANING, INC. OBJECTIVE: To have the Board of Collier County Commissioners award Bid # 03- 3472 to Precision Cleaning Inc. for exterior pressure steam cleaning services. CONSIDERATIONS: Exterior pressure cleaning is utilized throughout the County to clean and maintain, for preventative maintenance purposes, over 300 facilities including sidewalks and awnings. These facilities are located at the Collier County Government Complex and at various County satellite sites. On January 10, 2003, formal bid invitations were posted and distributed to 15 vendors that provide this type of service, On January 29, 2003, three bids were received and opened (see attached tabulation sheet). Staff has reviewed the proposals received and recommends award to Precision Cleaning, Inc. as the apparent low bidder. FISCAL IMPACT: Annual expenses for pressure cleaning services total $65,000.00. Funds are budgeted within the building maintenance section's operating budget. GROWTH MANAGEMENT: There is no impact on the Growth Management Plan RECOMMENDATION: That the Board of Collier County Commissioners approve award of Bid # 00-3472~f4~r~,"Exterior Steam Pressur¢Cleaning" to Precision Cleaning, :orD~r~iel R. Rodriguez, I~~rect Department of Faci)iffes Management REVIEWED BY: Stephen Y. Camell, Director Purchasing Department APPROVED BY: Slip'aarp, CFM, Intehn Adn[inistrator Administrative Services Division Date: Date: I FEB 25 20031 / / N ._~ EXECUTIVE SUMMARY, APPROVE A BUDGET AMENDMENT TO RECOGNIZE AND APPROPRIATE REVENUE OF $27,491 FROM ISLES OF CAPRI FIRE CONTROL DISTRICT IMPACT FEES FOR EQUIPMENT EXPENDITURES NECESSITATED BY NEW GROWTH OBJECTIVE: To obtain Board of County Commissioners approval of a budget amendment to recognize $27,491 in unanticipated impact fee revenue for the purchase of equipment due to growth. CONSIDERATIONS..:. The Isles of Capri Fire Control District is experiencing a substantial increase in growth due to new construction. The growth required the purchase, in FY 02, of an additional fire engine. Due to FY 02 budgetary constraints, the purchase of equipment necessary to place the engine in service was not made but deferred to FY 03. New State regulations combined with the increased growth, have required the District to hire additional firefighters and equipment is also needed for the new personnel. The purchases are allowable Impact Fee expenditures. FISCAL IMPACT: A budget amendment is needed for $27,491 to recognize unanticipated impact fee collections and to appropriate these funds for the equipment purchase for the fire engine and 2 new firefighters hired from last year's expanded position request during the FY-03 budget process. There ±s currently $11,000 budgeted for new equipment in FY03. GROWTH MANAGEMENT IMPACT:. There is no growth management impact associated with this Executive Summary RECOMMENDATION.'. That the Board of County Commissioners approve the necessary budget amendment to recognize, appropriate and transfer $27,941 from the Isles of Capri Fire Control District's Impact Fees for expenditures necessitated by new growth. APPROVED B~~//~~--~a..,.~ .. Date: ' ~'~X/~ ~ ,,. kenneth F. Pineau, Emergency Management Director __ _ 01/21/2003 15:01 F.~ 239 3945862 Isles of Capri Flre Dep~ ~ 001 · Impact Fee New Equipment Equipment Isles of Capri Captiol Improvment Amount Cost Total Electric cord reel S/O electric cor~, Junction box Adapters for cord Fire Hose for new truck Fire Pagers NY Roof Hook Mid Force Nozzle Large Wye Binoculors Hose bed extension Gear lockers Training Tactron command system Radio headset boat 90 Halcyon unit intercom Stystem for e-90 SCBA Compressor & s~ation Personnel Lockers 1 $145.00 $145.00 ! $155.00 $155.00 1 $160.00 $160.00 6 $25.00 $150.00 10 $100.45 $1,004.50 3 $398.50 $I,195.50 1 $IiO.O0 $110.00 1 $650.00 $650.00 I $550.00 S550.00 2 $85.00 $170.00 1 $450.00 $450.00 6 $379.66 $2,278.00 ! $500.00 $500.00 1 $950.00 $950.00 1 $715.00 $715.00 1 $820,00 $820.00 1 $1,200.00 $1,200.00 a $3,000.00 $12,928.00. I $12~00.00 $12,200.00 6 $360.00 $2,160.00 $38,491.00 FEB 2 5 2003 EXECUTIVE SUMMARY APPROVAL TO EXTEND THE LEASE AGREEMENT BETWEEN COLLIER COUNTY AND GULF SHORE ASSOCIATES, LIMITED PARTNERSHIP, FOR PELICAN BAY SERVICES DIVISION OFFICES AT A FIRST YEAR'S ANNUAL RENT THAT WILL NOT EXCEED $24,392. OBJECTIVE: Approval of a Second Amendment to Lease Agreement between Gulf Shore Associates, Limited Partnership, and Collier County. CONSIDERATIONS: Since 1986, the Pelican Bay Services Division has leased 1,029 square feet of office space within the Sun Bank Building located at 801 Laurel Oak Drive in Pelican Bay for their administrative offices. This location was originally selected in order to maintain an on-site presence within the Pelican Bay community and maximize service to its residents. The current lease expires on February 28, 2003, and Pelican Bay Services Division has requested that the lease be renewed for one year with the right to extend for one additional year. The rent for the renewal period will not exceed $24,392 which reflects the current year's rent, plus an estimated increase equal to the February 2003 Consumer Price Index (CPI) not yet published by the Bureau of Labor Statistics. Rent for the additional year, if exercised, will reflect an increase equal to the February 2004 CPI. The rental amount reflects market rent for similar space in the area. The Office of the County Attorney has reviewed and approved the attached Second Amendment to Lease Agreement for form and legal sufficiency. FISCAL IMPACT: The annual rent of $24,392 and any increases in rent shall be withdrawn from the Pelican Bay MSTUBU Fund (109) and the Pelican Bay Street Lighting Fund (778). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve and authorize its Chairman to execute this Second Amendment to Lease Agreement with Gulf Shore Associates, Limited Partnership. Michael H. Dowling, Prop~y M~idagement Specialist Property Acquisition & Construction Management Facilities Management Department Pg.. EXECUTIVE SUMMARY Second Amendment to Lease Agreement with Gulf Shore Associates, L.P. Page 2 Charles E. Carrington, J6, SR/WA, Manager Property Acquisition & Construction Management Facilities Management Department R. Rodrig~~im Director Daniel Facilities Management Department REVIEWED .fames P. Ward, Administrator '/~ DATE: ~Pelican Bay Services Division APPROVED BY: James V. Mudd, County Manager DATE: FEB 2 5 Pg. SECOND AMENDMENT TO LEASE AGREEMENT I.~ase #744 T '~ XECOND AMENDMENT TO LEASE AGREEMENT entered into this day of ,2003, a, . ~es, Collier County, Florida, by and between Collier County, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSEE", and Gulf Shore Associates, Limited Partnership, whose mailing address is 1300 Post Road East, Westport, Connecticut 06880, hereinafter referred to as "LESSOR". WITNESSETH WHEREAS, the LESSEE and LESSOR have previously entered into a Lease Agreement dated March 31, 1992 and amended in the Amendment to Lease Agreement dated February 6, 1996; WHEREAS, the LESSEE and LESSOR are desirous of amending the Lease Agreement; and NOW THEREFORE, in consideration of the covenants and agreements provided herein and within the said Lease and Ten Dollars ($10.00) and other valuable consideration, the said Lease Agreement and Amendment to Lease Agreement are hereby amended as follows: I. The following provision shall be added to Article 2 of the Amendment to Lease Agreement: This Lease is hereby extended until February 28, 2004. LESSEE shall have the option to extend the Lease for an additional one (I) year following the February 28, 2004 extension by providing LESSOR with thirty (30) days prior written notice of LESSEE'S intention to renew at the address set forth in the Lease Agreement. Except as expressly provided herein, this Lease Agreement between Collier County and Gulf Shore Associates, Limited Partnership for utilization of the Demised Premises described in said Lease Agreement remains in full force and effect according to the terms and conditions contained therein. IN WITNESS WHEREOF, the LESSEE and LESSOR have hereto executed this Second Amendment to Lease Agreement the day and year first above written. THE LESSEE: .: AFTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk TOM HENNING, CHAIRMAN s,S TO THE LESSOR: .ed as to form ~,~ I~gal sufficiency: thomas C.~ffalme~;' ' ~sistant County Attorney GULF SHORE ASSOCIATES, LIMITED PARTNERSHIP by its General Partner, Pequot Capital South. Inc., a Florida corporation Print Name FEB ? Pg. o~ EXECUTIVE SUMMARY ADOPTION OF A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING THE ISSUANCE BY COLLIER COUNTY, FLORIDA OF $120,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF COLLIER COUNTY, FLORIDA GAS TAX REVENUE BONDS, SERIES 2003 IN ORDER TO PROVIDE FUNDS FOR THE PRINCIPAL PURPOSES OF FINANCING THE COSTS OF VARIOUS TRANSPORTATION IMPROVEMENTS '¥VITHIN THE COUNTY AND REFINANCING CERTAIN INDEBTEDNESS; PLEDGING THE MONEYS RECEIVED BY THE COUNTY FROM THE HEREIN DESCRIBED GAS TAX REVENUES TO SECURE PAYMENT AND INTEi~EST ON SAID BONDS; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SAID BONDS; PROVIDING FOR CERTAIN ADDITIONAL MATTERS IN RESPECT TO SAID BONDS; AND PROVIDING FOR A~ EFFECTIVE DATE FOR THIS RESOLUTION. 2) Approve the associated budget amendments. OBJECTIVE: That the Board of County Commissioners adopts a new bond resolution authorizing the issuance of Collier County, Florida Gas Tax Revenue Bonds, Series 2003 in an amount not to exceed 5120,000,000 required to finance road projects in the approved Transportation five year xvork pro,am. CONSIDEIL-XTIONS: On February 11, 2003 the Board of County Commissioners approved Resolution No. 2003-82 authorizing the issuance of gas tax revenue bonds and a supplemental resolution (Resolution No _00~-S~) outlining the various terms and conditions of the bond sale. Staff has expedited this bond issue to capitalize on current favorable bond market conditions. Final changes to the initial bond authorizing resolution were made up until early afternoon on the date the February 11, 2003 agenda was printed. Unfortunately, the agenda package included an earlier version of the bond aktthorizing resolution that did not include the insurance requirements and authorized investments sections. To clarify the public record, it is recommended that the Board of County Commissioners adopt a new bond authorizing resolution that will repeal and supercede the previously adopted Resolution 2003-82. No changes are required to the previously adopted Supplemental Resolution No. 2003-83. FISCAL IMPACT: Based on the current market conditions, the annual debt service payments will range between approximately $4,791,900 and $10,552,000 over the twenty-year life of the bond. Based on the maturity of each of the specific bonds, interest rates are estimated to range from 2.0% to 4.75 %. GROWTH MANAGEMENT IMPACT: The bond issue will finance the construction of road projects required to meet concurrency requirements established in the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1) Adopt the Authorizing Resolution and its attachments that repeals and supercedes the previously adopted Resolution 2003-82 and proceed to refund Collier County's Road Improvement Refunding Revenue Bonds, Series 1995; AGENDA-iTE~ No. I& F ~ FEB 2 5 2003 Pg. / Date: SUBMITTED BY: Michael Smykowski, OMB Director REV IE,VED BY: Ja/,..r~'es L. Mitchell, County Finance Director ~:~ ('"'"I~avi~ C. Weigel, County Attorney APPROVED BY: James V. Mudd, County Manager Date: Date: Date: AGEND,~E~ FEB 2 5 2003 COLLIER COUNTY, FLORIDA GAS TAX REVENUE BOND RESOLUTION ADOPTED FEBRUARY 25, 2003 AGENDA ITEM No. z~f _~ FEB 2 5 ~003 Pg. TABLE OF CONTENTS PAGE SECTION 1.01. SECTION 1.02. SECTION 1.03. SECTION 1.04. SECTION 1.05. SECTION 1.06. SECTION 2.01. SECTION 2.02. SECTION 2.03. SECTION 2.04. SECTION 2.05. SECTION 2.06. SECTION 2.07. SECTION 2.08. SECTION 3.01. SECTION 3.02. SECTION 3.03. SECTION 3.04. SECTION 3.05. ARTICLE I GENERAL DEFINITIONS ......................................... 1 AUTHORITY FOR RESOLUTION ........................ 14 RESOLUTION TO CONSTITUTE CONTRACT ............. 14 FINDINGS ............................................ 15 INITIAL PROJECT ..................................... 15 PRIOR BONDS ........................................ 15 ARTICLE II AUTHORIZATION, TERMS, EXECUTION AND REGISTRATION OF BONDS AUTHORIZATION OF BONDS .......................... 16 AUTHORIZATION AND DESCRIPTION OF SERIES 2003 BONDS ............................................. 16 EXECUTION OF BONDS ............................... 17 AUTHENTICATION ................................... 18 TEMPORARY BONDS ................................. 18 BONDS MUTILATED, DESTROYED, STOLEN OR LOST .... 18 INTERCHANGEABILITY, NEGOTIABILITY AND TRANSFER .......................................... 19 FORM OF BONDS ..................................... 20 ARTICLE III REDEMPTION OF BONDS PRIVILEGE OF REDEMPTION .......................... 29 SELECTION OF BONDS TO BE REDEEMED .............. 29 NOTICE OF REDEMPTION ............................. 29 REDEMPTION OF PORTIONS OF BONDS ................ 31 PAYMENT OF REDEEMED BONDS ..................... 31 FEB 2 5 7.003 Pg. ~ ARTICLE IV SECURITY, SPECIAL FUNDS AND APPLICATION THEREOF SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION 4.01. 4.02. 4.03. 4.04. 4.05. 4.06. 4.07. 4.08. BONDS NOT TO BE INDEBTEDNESS OF ISSUER ......... 32 SECURITY FOR BONDS ............................... 32 CONSTRUCTION FUND ............................... 32 FUNDS AND ACCOUNTS .............................. 34 DISPOSITION OF GAS TAX REVENUES ................. 35 REBATE FUND ....................................... 41 INVESTMENTS ....................................... 42 SEPARATE ACCOUNTS ............................... 43 ARTICLE V SUBORDINATED INDEBTEDNESS, ADDITIONAL BONDS, AND COVENANTS OF ISSUER SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION 5.01. 5.02. 5.03. 5.04. 5.05 5.06 5.07 5.08 5.09 5.10 SUBORDINATED INDEBTEDNESS ...................... 44 ISSUANCE OF ADDITIONAL BONDS .................... 44 BOND ANTICIPATION NOTES .......................... 46 ACCESSION OF SUBORDINATED iNDEBTEDNESS TO PARITY STATUS WITH BONDS ........................ 46 BOOKS AND RECORDS ................................ 46 ANNUAL AUDIT ...................................... 47 NO IMPAIRMENT ..................................... 47 COLLECTION OF GAS TAX REVENUES ................. 47 COVENANTS WITH CREDIT BANKS AND INSURERS ..... 47 FEDERAL INCOME TAX COVENANTS; TAXABLE BONDS. 47 ARTICLE VI DEFAULTS AND REMEDIES SECTION SECTION SECTION SECTION SECTION SECTION SECTION 6.01. 6.02. 6.O3. 6.04. 6.05. 6.06. 6.07. EVENTS OF DEFAULT ................................. 49 REMEDIES ........................................... 49 DIRECTIONS TO TRUSTEE AS TO REMEDIAL PROCEEDINGS ...................................... 50 REMEDIES CUMULATIVE ............................. 50 WAIVER OF DEFAULT ................................ 50 APPLICATION OF MONEYS AFTER DEFAULT ........... 51 CONTROL BY INSURER ............................... 52 AGENDA -c,',z.,,,,~ -~ ii No. /~ ~ FEB 2 5 2003 ARTICLE VII SUPPLEMENTAL RESOLUTIONS SECTION 7.01. SECTION 7.02. SECTION 7.03. SUPPLEMENTAL RESOLUTION WITHOUT BONDHOLDERS' CONSENT ........................................... 53 SUPPLEMENTAL RESOLUTION WITH BONDHOLDERS' AND INSURER'S CONSENT ........................... 54 AMENDMENT WITH CONSENT OF INSURER ONLY ...... 56 ARTICLE VIII MISCELLANEOUS SECTION 8.01. SECTION 8.02. SECTION 8.03. SECTION 8.04. SECTION 8.05. SECTION 8.06. SECTION 8.07. DEFEASANCE ........................................ 57 CAPITAL APPRECIATION BONDS ...................... 59 SALE OF BONDS ...................................... 59 SEVERABILITY OF INVALID PROVISIONS .............. 59 VALIDATION AUTHORIZED ........................... 59 REPEAL OF INCONSISTENT RESOLUTIONS ............. 59 EFFECTIVE DATE .................................... 60 EXHIBIT A DESCRIPTION OF INITIAL PROJECT ................... A-I 111 AGENDA N o._j'~~?:~ FEB 2 5 2 {]3 Pg._ RESOLUTION NO. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING THE ISSUANCE BY COLLIER COUNTY, FLORIDA OF $120,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF COLLIER COUNTY, FLORIDA GAS TAX REVENUE BONDS, SERIES 2003 IN ORDER TO PROVIDE FUNDS FOR THE PRINCIPAL PURPOSES OF FINANCING THE COSTS OF VARIOUS TRANSPORTATION IMPROVEMENTS WITHIN THE COUNTY AND REFINANCING CERTAIN INDEBTEDNESS; PLEDGING THE MONEYS RECEIVED BY THE COUNTY FROM THE HEREIN DESCRIBED GAS TAX REVENUES TO SECURE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SAID BONDS; PROVIDING FOR THE ISSUANCE OF ADDITIONAL BONDS; PROVIDING FOR CERTAIN ADDITIONAL MATTERS IN RESPECT TO SAID BONDS; AND PROVIDING FOR AN EFFECTIVE DATE FOR THIS RESOLUTION. ARTICLE I GENERAL SECTION 1.01. DEFINITIONS. When used in this Resolution, the following terms shall have the following meanings, unless the context clearly otherwise requires: "Accreted Value" shall mean, as of any date of computation with respect to any Capital Appreciation Bond, an amount equal to the principal amount of such Capital Appreciation Bond (the principal amount at its initial offering) plus the interest accrued on such Capital Appreciation Bond from the date of delivery to the original purchasers thereof to the Interest Date next preceding the date of computation or the date of computation if an Interest Date, such interest to accrue at a rate not exceeding the legal rate, compounded semiannually, plus, with respect to matters related to the payment upon redemption or acceleration of the Capital Appreciation Bonds, if such date of computation shall not be an Interest Date, a portion of the difference between the Accreted Value as of the immediately ..... FEB 2 5 2003 pg._ '7 preceding Interest Date and the Accreted Value as of the immediately succeeding Interest Date, calculated based on the assumption that Accreted Value accrues during any semi-annual period in equa! daily amounts on the basis of a 360-day year. "Act" shall mean Chapter 125, Florida Statutes, Sections 206.60, 336.021 and 336.025, Florida Statutes, the Home Rule Ordinance, the Gas Tax Ordinances, the Interlocal Agreements, and other applicable provisions of law. "Additional Bonds" shall mean the obligations issued at any time under the provisions of Section 5.02 hereof on a parity with the Series 2003 Bonds. "Additional Project" shall mean the acquisition and construction of such properties, facilities and improvements as shall be permitted by the Act. This term is to be broadly construed as including any laxvful undertaking, including, without limitation, joint ventures and acquisition of partial interests or contractual rights. The description of such Additional Project shall be set forth in the Supplemental Resolution authorizing the issuance of Bonds wt~ich shall finance the acquisition, construction and funding of such Additional Project. "Amortization Installment" shall mean an amount designated as such by Supplemental Resolution of the Issuer and established with respect to the Term Bonds. "Annual Debt Service" shall mean the aggregate amount of Debt Service on the Bonds for each applicable Fiscal Year. "Authorized Investments" shall mean any of the following, if and to the extent that the same are at the time legal for investment of funds of the Issuer: (I) Cash (insured at all times by the Federal Deposit Insurance Corporation). (2) Direct obligations of the United States of America (including obligati°ns issued or held in book entry form on the books of the Department of the Treasury). (3) Senior debt obligations of other government sponsored agencies approved by the Insurer. (4) Obligations of any of the following federal agencies Which obligations represent the full faith and credit of the United States of America, including; Export-Import Bank A,GEi; DA iTFM ---, No._ FEB 2 5 2003 Pg.__ Rural Economic Community Development Administration -U.S. Maritime Administration Small Business Administration U.S. Department of Housing & Urban Development (PHAs) -Federal Housing Administration Federal Financing Bank (5) Direct obligations of any of the following federal agencies which obligations are not fully guaranteed by the full faith and credit of the United States of America; Senior debt obligations issued by the Federal National Mortgage Association (FNMA) or Federal Home Loan Mortgage Corporation (FHLMC), Obligations of the Resolution Funding Corporation (REFCORP) Senior debt obligations of the Federal Home Loan Bank System Senior debt obligations of other Government Sponsored Agencies approved by the Insurer (6) U.S. dollar denominated deposit accounts, federal funds and bankers' acceptances with domestic commercial banks which have a rating on their short term certificates of deposit on the date of purchase of "P- 1" by Moody's and "A- 1" or "A- 1 +" by S&P and maturing not more than 360 calendar days after the date of purchase. (Ratings on holding companies are not considered as the rating of the bank). (7) Commercial paper xvhich is rated at the time of purchase in the single highest classification, "PI" by Moody's and "A-l+" by S&P and which matures not more than 210 calendar days after the date of purchase. (8) by S&P. Investments in a money market fund rated "AAAm" or "AAAm-G" or better (9) Prerefunded Obligations. (1 O) Municipal obligations rated "Aaa/AAA" or general obligations of States with a rating of"A2/A" or higher by both Moody's and S&P. (I 1) Investment agreements approved in writing by the Insurer(s) (supported by appropriate opinions of counsel). FEB 2 5 20C3 (12) Other forms of investments (including repurchase agreements) approved in writing by the Insurer(s). (13) Units of participation in the Local Government Surplus Funds Trust Fund established pursuant to Part IV, Chapter 2 18, Florida Statutes, or any similar common trust fund which is established pursuant to State law as a legal depository of public moneys. (14) Other investments approved by the Insurer or Insurers of the Bonds, provided all Outstanding Bonds are insured as to payment by such Insurer or Insurers. The value of the above investments shall be determined as follows: (a) For the purpose of determining the amount in any fund or account, all Authorized Investments credited to such fund or account shall be valued at fair market value. TILe fair market value shall be based on accepted industry standards and from accepted industry providers. Accepted industry providers shall include but are not limited to pricing services provided by Financial Times Interactive Data Corporation, Merrill Lynch, Salomon Smith Barney, Bear Stearns, or Lehman Brothers. (b) As to certificates of deposit and bankers' acceptances, the value shall be the face amount thereof, plus accrued interest thereon. (c) As to any investment not specified above, the value thereof established by prior agreement among the Issuer and the Insurer(s). "Authorized Issuer Officer" shall mean the chief administrative officer of the Issuer, or his other assignee, and when used in reference to any act or document also shall mean any other person authorized by resolution of the Issuer to perform such act or sign such document. "Bond Amortization Account" shall mean the separate account in the Debt Service Fund established pursuant to Section 4.04 hereof. "Bond Counsel" shall mean Nabors, Giblin & Nickerson, P.A. or any other attorney at law or firm of attorneys, of nationally recognized standing in matters pertaining to the federal tax exemption of interest on obligations issued by states and political subdivisions, and duly admitted to practice law before the highest court of any state of the United States of America. FEB 2 5 pg. "Bond Year" shall mean the period commencing and ending on the dates specified by Supplemental Resolution of the Issuer. "Bondholder" or "Holder" or "holder" or any similar term, when used with reference to a Bond or Bonds, shall mean any person who shall be the registered owner of any Outstanding Bond or Bonds as provided in the registration books of the Issuer. "Bond Insurance Policy" shall mean the municipal bond new issue insurance policy or policies issued by an Insurer guaranteeing the payment of the principal of and interest on any portion of the Bonds. "Bonds" shall mean the Series 2003 Bonds, together with any Additional Bonds issued pursuant to this Resolution and any Subordinated Indebtedness which accedes to the status of Bonds pursuant to Section 5.04 hereof. "Business Da)'" or "business da3'" shall mean any dayother than a Saturday, Sunday or a day on which banking institutions within the State are authorized by law to remain closed. "Capital Appreciation Bonds" shall mean those Bonds so designated by Supplemental Resolution of the Issuer, which may be either Serial Bonds or Term Bonds and which shall bear interest payable at maturity or redemption. In the case of Capital Appreciation Bonds that are convertible to Bonds ~vith interest payable prior to maturity or prior to redemption of such Bonds, such Bonds shall be considered Capital Appreciation Bonds only during the period of time prior to such conversion. "Chairman" shall mean the Chairman of the Board of County Commissioners of the Issuer, and such other person as may be duly authorized to act on his or her behalf. "Clerk" shall mean the Clerk of the Circuit Court for Collier County, Florida, ex-officio Clerk of the Board of County Commissioners of the Issuer, or such other person as may be duly authorized to act on his or her behalf. "Code" shall mean the Internal Revenue Code of 1986, as amended, and the regulations and rules thereunder in effect or proposed. "Construction Fund" shall mean the fund established pursuant to Section 4.03 hereof. AGE~,!DA Fi'EM I'.Io. /.~ _~ FEB 2 5 Pg.__ // "Cost" or "Costs", when used in connection with a Project, shall, to the extent permitted by the Act, mean (1) the Issuer's cost of physical construction; (2) costs of acquisition by or for the Issuer of such Project; (3) costs of land and interests therein and the cost of the-Issuer incidental to such acquisition; (4) the cost of any indemnity and surety bonds and premiums for insurance during construction; (5) all interest due to be paid on the Bonds and other obligations relating to the Project during, and if deemed advisable by the Issuer, for up to one year after the end of, the construction period of such Project; (6) engineering, legal and other consultant fees and expenses; (7) costs and expenses of the financing incurred during, and if deemed advisable by the Issuer, for up to one (1) year after the end of, the construction period for such Project, including audits, fees and expenses of any Paying Agent, Registrar, Insurer, Credit Bank or depository; (8) payments, when due (whether at the maturity of principal or the due date of interest or upon redemption) on any indebtedness of the Issuer (other than the Bonds) incurred for such Project; (9) costs of machinery or equipment required by the Issuer for the commencement of operation of such Project; (10) other costs or expenses which may be funded from proceedso f the Bonds pursuant to the Act: and (11) any other costs properly attributable to such construction or acquisition, as determined by generally accepted accounting principles and shall include reimbursement to the Issuer for any such items of Cost heretofore paid by the Issuer and interest on any interfund loan related thereto. Any Supplemental Resolution may provide for additional items to be included in the aforesaid Costs. "Counterparty" shall mean the entity entering into a Hedge Agreement ~vith the Issuer. Counterparty would also include any guarantor of such entity's obligations under such Hedge Agreement. "Credit Bank" shall mean as to any particular Series of Bonds, the Person (other than an Insurer) providing a letter of credit, a line of credit or another credit or liquidity enhancement facility, as designated in the Supplemental Resolution providing for the issuance of such Bonds. "Credit Facility" shall mean as to any particular Series of Bonds, a letter of credit, a line of credit or another credit or liquidity enhancement facility (other than an insurance policy issued by an Insurer), as approved in the Supplemental Resolution providing for the issuance of such Bonds. "Debt Service" shall mean, at any time, the aggregate amount in the then applicable period of time of (1) interest required to be paid on the Outstanding Bonds during such period of time, except to the extent that such interest is to be paid from deposits in the Interest Account made from Bond proceeds, (2) principal of Outstanding Serial Bonds maturing in such period of time, and (3) the Amortization Installments herein designated with 6 1 FEB 2 5 g03 / PE._./..~, _ respect to such period of time. For purposes of this definition, (A) all amounts payable on a Capital Appreciation Bond shall be considered a principal payment in the year it becomes due, (B) with respect to debt service on any Bonds which are subject to a Qualified Hedge Agreement, interest on such Bonds during the term of such Qualified Hedge Agreement shall be deemed to be the Hedge Payments coming due during such period of time, and (C) the amount on deposit in the Reserve Account (or any subaccount thereof) on any date of calculation of Debt Service shall be deducted from the amount of principal due at the final maturity of the Bonds which are secured by such Reserve Account (or subaccount thereof) and in each preceding year until such amount is exhausted. "Debt Service Fund" shall mean the fund established pursuant to Section 4.04 hereof. "Event of Default" shall mean any Event of Default specified in Section 6.01 of this Resolution. "Fiscal Year" shall mean the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law. "Fitch" means Fitch Ratings and any assigns and successors thereto. "Five Cents Local Option Gas Tax" shall mean the first 5-cents of the local option gas tax levied and received by the Issuer pursuant to Section 336.025(1)(b), Florida Statutes, plus, to the extent provided by Supplemental Resolution of the Issuer, any additional local option gas tax received by the Issuer pursuant to Section 336.025(l)(b), Florida Statutes, and pledged by the Issuer pursuant to Supplemental Resolution. "Gas Taxes" shall mean, collectively, the Seventh Cent Gas Tax, the Ninth Cent Gas Tax, the Five Cents Local Option Gas Tax, the Six Cents Local Option Gas Tax and any other gas tax imposed and/or received by the Issuer which is specifically pledged hereunder by the Issuer pursuant to Supplemental Resolution. "Gas Tax Ordinances" shall mean the ordinances enacted from time to time by the Issuer which impose the Gas Taxes, including, but not limited to, Ordinance No. 80-50 of the Issuer, enacted on June 3, 1980; Ordinance No. 80-51 of the Issuer, enacted on June 3, 1980; Ordinance No. 99-40 of the Issuer, enacted on May 25, 1999; Ordinance No. 93-48 of the Issuer, enacted on August 3, 1993, as amended by Ordinance No. 2001-26 of the Issuer, enacted on May 8, 2001; each as amended and supplemented from time to time. A,a~I.,DA No.__Z~ / FEB 2 5 "Gas Tax Revenues" shall mean the moneys received by the Issuer from the proceeds of the Gas Taxes. "Governing Body" shall mean the Board of County Commissioners of Collier County, Florida or its successor in function. "Hedge Agreement" shall mean an agreement in writing between the Issuer and the Counterparty pursuant to which (1) the Issuer agrees to pay to the Counterparty an amount, either at one time or periodically, which may, but is not required to, be determined by reference to the amount of interest (which may be at a fixed or variable rate) payable on the debt of the Counterparty specified in such agreement in the period specified in such agreement and (2) the Counterparty agrees to pay to the Issuer an amount, either at one time or periodically, xvhich may, but is not required to, be determined by reference to the amount of interest (which may be at a fixed or variable rate) payable on all or a portion of a Series of Bonds specified in such agreement during the period specified in such agreement. "Hedge Payments" shall mean any amounts payable by the Issuer as interest on the related notional amount under a Qualified Hedge Agreement; excluding, however, any payments due as a penalty or a fee or by virtue of termination of a Qualified Hedge Agreement or any obligation of the Issuer to provide collateral. "Hedge Receipts" shall mean any amounts receivable by the Issuer on the related notional amount under a Qualified Hedge Agreement. "Home Rule Ordinance" shall mean the Ordinance enacted on February 25, 2003, as amended, relating to the issuance of the Bonds. "Initial Project" shall mean the acquisition, construction, and reconstruction of roads and bridges and other transportation improvements within Collier County, Florida, as more specifically described in the plans and specifications on file or to be on file with the Issuer, with such changes, deletions, additions or modifications to the enumerated improvements, equipment and facilities, or such other improvements, as approved by the Governing Body in accordance with the Act. A general description of the Initial Project is provided in Exhibit A attached hereto. "Insurer" shall mean, such Person as shall be in the business of insuring or guaranteeing the payment of principal of and interest on municipal securities and whose credit is such that, at the time of any action or consent required or permitted by the Insurer pursuant to the terms of this Resolution, all municipal securities insured or guaranteed by it 8 No. 4¢,, FEB 2 5 2003 Pg. /~-/ are then rated, because of such insurance or guarantee, in one of the two most secure grades by one of the Rating Agencies. "Interest Account" shall mean the separate account in the Debt Service Fund established pursuant to Section 4.04 hereof. "Interest Date" or "interest payment date" shall be such date or dates for the payment of interest on a Series of Bonds as shall be provided by Supplemental Resolution. "Interlocal Agreements" shall mean, collectively, the interlocal agreement, relating to the Six Cents Local Option Gas Tax, between the Issuer and the City of Naples, dated May 25, 1999, as the same may be amended or supplemented from time to time; and any other interlocal agreement between the Issuer and a municipality located in the Issuer relating to distribution of any of the Gas Taxes. "Investment Earnings" shall mean all income derived from investment of moneys in the funds and accounts established hereunder, other than the Rebate Fund and the Unrestricted Revenue Account. "Issuer" shall mean Collier County, Florida. "Maximum Annual Debt Service" shall mean the largest aggregate amount of the Annual Debt Service becoming due in any Fiscal Year in which Bonds are Outstanding. "Maximum Interest Rate" shall mean, xvith respect to any particular Variable Rate Bonds, a numerical rate of interest, which shall be set forth in the Supplemental Resolution of the Issuer delineating the details of such Bonds, that shall be the maximum rate of interest such Bonds may at any particular time bear. "Moody's"shall mean Moody's Investors Service, and any assigns or successors thereto. "Ninth Cent Gas Tax" shall mean the tax of one-cent per gallon on motor fuel and special fuel imposed by the Issuer pursuant to Section 336.021, Florida Statutes, approved at a countywide referendum on March 11, 1980, and taxed and collected under Chapter 206, Florida Statutes, as provided in the Gas Tax Ordinances. "Outstanding", when used with reference to Bonds and as of any particular date, shall describe all Bonds theretofore and thereupon being authenticated and delivered except, (1) any Bond in lieu of which another Bond or other Bonds have been issued under AGEi'~D,,\ I'i 9 N o.___~.~x' .~.~ FEB 2 5 agreement to replace lost, mutilated or destroyed Bonds, (2) any Bond surrendered by the Holder thereof in exchange for another Bond or other Bonds under Sections 2.05 and 2.07 hereof, (3) Bonds deemed to have been paid pursuant to Section 8.01 hereof, and (4) Bonds cancelled after purchase in the open market or because of payment at or redemption prior to maturity. "Paying Agent" shall mean for each Series of Bonds any paying agent for such Series of Bonds appointed by or pursuant to this Resolution and its successor or assigns, and any other Person which may at any time be substituted in its place pursuant to this Resolution. "Person" shall mean an individual, a corporation, a partnership, an association, a joint stock company, a trust, any unincorporated organization, governmental entity or other legal entity. "Pledged Funds" shall mean (1) the Gas Tax Revenues and (2) until applied in accordance with the provisions of this Resolution, all moneys, including investments thereof, in the funds and accounts established hereunder, except (A) as for the Unrestricted Revenue Account and the Rebate Fund, and (B) to the extent moneys on deposit in a subaccount of the Reserve Account shall be pledged solely for the payment of the Series of Bonds for which it was established in accordance with the provisions hereof. "Prerefunded Obligations" shall mean any bonds or other obligations of any state of the United States of America or of any agency, instrumentality or local governmental unit of any such state (1) xvhich are (A) not callable prior to maturity or (B) as to which irrevocable instructions have been given to the fiduciary for such bonds or other obligations by the obligor to give due notice of redemption and to call such bonds for redemption on the date or dates specified in such instructions, (2) xvhich are fully secured as to principal, redemption premium, if any, and interest by a fund consisting only of cash or United States Obligations, secured in the manner set forth in Section 8.01 hereof, which fund may be applied only to the payment of such principal of, redemption premium, if any, and interest on such bonds or other obligations on the maturity date or dates thereof or the'specified redemption date or dates pursuant to such irrevocable instructions, as the case may be, (3) as to which the principal of and interest on the United States Obligations, which have been deposited in such fund along with any cash on deposit in such fund, are sufficient, as verified by an independent certified public accountant or other expert in such matters, to pay principal of, redemption premium, if any, and interest on the bonds or other obligations on the maturity date or dates thereof or on the redemption date or dates specified in the irrevocable instructions referred to in clause (1) above, and (4) which are rated in the highest rating 10 Z6./ / FEB 2 5 20 3 / Pg._ category (without regard of gradations, such as "plus" or "minus" of such categories) of one of the Rating Agencies. "Principal Account" shall mean the separate account in the Debt Service Fund established pursuant to Section 4.04 hereof. "Prior Bonds" shall mean the Issuer's Collier County, Florida Road Improvement Refunding Revenue Bonds, Series 1995, dated as of July 1, 1995, and any obligations issued pursuant to the Prior Resolution to refund such Bonds. "Prior Resolution" shall mean the Issuer's Resolution No. 80-114, adopted on June I0, 1980, as amended and supplemented. "Project" shall mean the Initial Project and any Additional Project. "Qualified Hedge Agreement" shall mean a Hedge Agreement with a Counterparty which at the time it enters into such Qualified Hedge Agreement is rated "A-" or better by Standard & Poor's and "A3" or better by Moody's. "Rating Agencies" means Fitch, Moody's and Standard 8,: Poor's. "Rebate Fund" shall mean the Rebate Fund established pursuant to Section 4.04 hereof. "Redemption Price" shall mean, with respect to any Bond or portion thereof, the principal amount or portion thereof, plus the applicable premium, if any, payable upon redemption thereof pursuant to such Bond or this Resolution. "Refunding Securities" shall mean the United States Obligations and the Prerefunded Obligations. "Registrar" shall mean for each Series of Bonds any registrar for Bonds appointed by or pursuant to this Resolution and its successors and assigns, and any other Person which may at any time be substituted in its place pursuant to this Resolution. "Reserve Account" shall mean the separate account in the Debt Service Fund established pursuant to Section 4.04 hereof. 11 FEB "Reserve Account Insurance Policy" shall mean the insurance policy or surety bond deposited in the Reserve Account in lieu of or in partial substitution for cash on deposit therein pursuant to Section 4.05(A)(4) hereof. "Reserve Account Letter of Credit" shall mean an unconditional irrevocable letter of credit or line of credit or other credit facility (other than a Reserve Account Insurance Policy) deposited in the Reserve Account in lieu of or in partial substitution for cash on deposit therein pursuant to Section 4.05(A)(4) hereof. "Reserve Account Requirement" shall mean, as of any date of calculation for the Reserve Account, an amount equal to the lesser of (1) Maximum Annual Debt Service for all Outstanding Bonds secured thereby, (2) 125% of the average Annual Debt Service for all Outstanding Bonds secured thereby, or (3) the maximum amount allowed to be funded from proceeds of tax-exempt obligations and invested at an unrestricted yield pursuant to the Code; provided, however, the Issuer may establish by Supplemental Resolution a different Reserve Account Requirement for a subaccount of the Reserve Account which secures a Series of Bonds pursuant to Section 4.05(A)(4) hereof. In computing the Reserve Account Requirement in respect of a Series of Bonds that constitutes Variable Rate Bonds, the interest rate on such Bonds shall be assumed to be (A) if such Variable Rate Bonds have been Outstanding for at least 24 months prior to the date of calculation, the highest average interest rate borne by such Variable Rate Bonds for any 30-day period, and (B) if such Variable Rate Bonds have not been Outstanding for at least 24 months prior to the date of calculation, the Bond Buyer Revenue Bond Index most recently published prior to the time of calculation. The time of calculation for Variable Rate Bonds shall be each March 1. "Resolution" shall mean this Resolution, as the same may from time to time be amended, modified or supplemented by Supplemental Resolution. "Restricted Revenue Acco unt" shall mean the separate account in the Revenue Fund established pursuant to Section 4.04 hereof. "Revenue Fund" shall mean the Revenue Fund established pursuant to Section 4.04 hereof. "Serial Bonds" shall mean all of the Bonds other than the Term Bonds. "Series" shall mean all the Bonds delivered on original issuance in a simultaneous transaction and identified pursuant to Sections 2.01 and 2.02 hereof or a Supplemental Resolution authorizing the issuance by the Issuer of such Bonds as a separate Series, 12 No. 0 FEB 2 5 7.O03 Pg.__/g' Amortization Installments or other regardless of variations in maturity, interest rate, provisions. "Series 2003 Bonds" shall mean the Issuer's Collier County, Florida Gas Tax Revenue Bonds, Series 2003 authorized pursuant to Section 2.02 hereof. "Seventh Cent Gas Tax" shall mean the tax of one cent per gallon on motor fuel levied by Section 206.60, Florida Statutes, and special fuel levied by Section 206.87, Florida Statutes, and allocated to the Issuer pursuant to the provisions of subsection (1)(b) of said Section 206.60 and subsection (2) of Section 206.875, Florida Statutes. "Six Cents Local Option Gas Tax" shall mean the first 6-cents of the local option gas tax levied and received by the Issuer pursuant to Section 336.025(1)(a), Florida Statutes, plus, to the extent provided by Supplemental Resolution of the Issuer, any additional local option gas tax received by the Issuer received pursuant to Section 336.025(1)(a), Florida Statutes, and pledged by the Issuer pursuant to Supplemental Resolution. "Standard and Poor's" or "S&P" shall mean Standard and Poor's Ratings Services, and any assigns and successors thereto. "State" shall mean the State of Florida. "Subordinated Indebtedness" shall mean that indebtedness of the Issuer, subordinate and junior to the Bonds, issued in accordance with the provisions of Section 5.01 hereof. "Supplemental Resolution" shall mean any resolution of the Issuer amending or supplementing this Resolution enacted and becoming effective in accordance with the terms of Sections 7.01, 7.02 and 7.03 hereof. "Taxable Bond" shall mean any Bond which states, in the body thereof, that the interest income thereon is includable in the gross income of the Holder thereof for federal income taxation purposes or that such interest is subject to federal income taxation. "Term Bonds" shall mean those Bonds which shall be designated as Term Bonds hereby or by Supplemental Resolution of the Issuer and which are subject to mandatory redemption by Amortization Installment. "United States Obligations" shall mean obligations described in paragraphs (2) and (4) of the definition of "Authorized Investments." "United States Obligations" shall also 13 FEB 2 5 20O3- Pg._._ include direct obligations of the United States Treasury, Treasury Receipts, CATS, STRPS, TIGRS, Refcorp interest strips and similar securities and obligations of agencies described in this definition; provided such obligations do not permit redemption prior to maturity at the option of the obligor. "Unrestricted Revenue Account" shall mean the separate account in the Revenue Fund established pursuant to Section 4.04 hereof. "Variable Rate Bonds" shall mean Bonds issued with a variable, adjustable, convertible or other similar rate which is not fixed in percentage for the entire term thereof at the date of issue. The terms "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms, shall refer to this Resolution; the term "heretofore" shall mean before the date of adoption of this Resolution; and the term "hereafter" shall mean after the date of adoption of this Resolution. Words importing the masculine gender include every other gender. Words importing the singular number include the plural number, and vice versa. SECTION 1.02. AUTHORITY FOR RESOLUTION. This Resolution is adopted pursuant to the provisions of the Act. The Issuer has ascertained and hereby determined that adoption of this Resolution is necessary to carry out the powers, purposes and duties expressly provided in the Act, that each and every matter and thing as to which provision is made herein is necessary in order to carry out and effectuate the purposes of the Issuer in accordance with the Act and to carry out and effectuate the plan and purpose of the Act, and that the powers of the Issuer herein exercised are in each case exercised in accordance with the provisions of the Act and in furtherance of the purposes of the Issuer. SECTION 1.03. RESOLUTION TO CONSTITUTE CONTRACT. In consideration of the purchase and acceptance of any or all of the Bonds by those who shall hold the same from time to time, the provisions of this Resolution shall be a part of the contract of the Issuer with the Holders of the Bonds and any Credit Bank and Insurer and shall be deemed to be and shall constitute a con~'act between the Issuer and the Holders from time to time of the Bonds and any Credit Bank and Insurer. The pledge made in this Resolution and the provisions, covenants and agreements herein set forth to be performed by or on behalf of the Issuer shall be for the equal benefit, protection and security of the Holders of any and all of said Bonds and for the benefit, protection and security of any Credit Bank and Insurer. All of the Bonds, regardless of the time or times of their issuance or maturity, 14 FEB 2 5 2003 Pg.__ shall be of equal rank without preference, priority or distinction of any of the Bonds over any other thereof except as expressly provided in or pursuant to this Resolution. SECTION 1.04. FINDINGS. It is hereby ascertained, determined and declared: (A) That the Issuer deems it necessary, desirable and in the best interests of the health, safety and welfare of the Issuer and its inhabitants that Projects, from time to time, be acquired and constructed. (B) That such Projects shall be financed, in whole or in part, by the proceeds of Bonds issued pursuant to this Resolution. (C) That the Pledged Funds are not pledged or encumbered in any manner, except as provided in the Prior Resolution. Such Pledged Funds shall secure the payment of the Bonds, in accordance with the terms hereof. (D) That the Prior Resolution provides for a lien on and pledge of the Ninth Cent Gas Tax and Seventh Cent Gas Tax for the benefit of the holders of the Prior Bonds. Such pledge and lien shall be extinguished upon the issuance of the Series 2003 Bonds and the refunding of the Prior Bonds. (E) That the estimated Pledged Funds will be sufficient to pay the principal of and interest on the Bonds to be issued pursuant to this Resolution, as the same become due, and all other payments provided for in this Resolution. (F) That the principal of and interest on the Bonds to be issued pursuant to this Resolution, and all other payments provided for in this Resolution will be paid solely from the Pledged Funds provided herein; and the ad valorem taxing power of the Issuer will never be necessary or authorized to pay the principal of and interest on the Bonds to be issued pursuant to this Resolution and, except as otherwise provided herein, the Bonds shall not constitute a lien upon any property of the Issuer. SECTION 1.05. INITIAL PROJECT. The Issuer does hereby authorize the acquisition and construction of the Initial Project. SECTION 1.06. PRIOR BONDS. The Issuer does hereby authorize the refunding of the Prior Bonds. 15 FEB 2 5 20D3 ARTICLE II AUTHORIZATION, TERMS, EXECUTION AND REGISTRATION OF BONDS SECTION 2.01. AUTHORIZATION OF BONDS. This Resolution creates an issue of Bonds of the Issuer to be designated as "Collier County, Florida, Gas Tax Revenue Bonds" which may be issued in one or more Series as hereinafter provided. The aggregate principal amount of the Bonds which may be executed and delivered under this Resolution is not limited except as is ormay hereafter be provided in this Resolution or as limited by the Act or by law. The Bonds may, if and when authorized by the Issuer pursuant to this Resolution, be issued in one or more Series, with such further appropriate particular designations added to or incorporated in such title for the Bonds of any particular Series as the Issuer may determine and as may be necessary to distinguish such Bonds from the Bonds of any other Series. Each Bond shall bear upon its face the designation so determined for the Series to which it belongs. The Bonds shall be issued for such purpose or purposes; shall bear interest at such rate or rates not exceeding the maximum rate permitted by law; and shall be payable in lawful money of the United States of America on such dates; all as determined by Supplemental Resolution of the Issuer. The Bonds shall be issued in such denominations and such form, whether coupon or registered; shall be dated such date; shall bear such numbers; shall be payable at such place or places; shall contain such redemption provisions; shall have such Paying Agents and Registrars; shall mature in such years and amounts; and the proceeds shall be used in such manner; all as determined by Supplemental Resolution of the Issuer. The Issuer may issue Bonds which may be secured by a Credit Facility or by a Bond Insurance Policy of an Insurer all as shall be determined by Supplemental Resolution of the Issuer. The Governing Body may delegate approval of the terms, details and sale of a Series of Bonds to an Authorized Issuer Officer pursuant to Supplemental Resolution. SECTION 2.02. AUTHORIZATION AND DESCRIPTION OF SERIES 2003 BOND S. A Series of Bonds entitled to the benefit, protection and security of this Resolution is hereby authorized in the aggregate principal amount of $120,000,000 for the principal purposes of paying or reimbursing the Costs of the Initial Project and refunding the Prior Bonds. Such Series of Bonds shall be designated as, and shall be distinguished from the 16 Noo _ FEB 2 Pg._.__ Bonds of all other Series by the title, "Collier County, Florida, Gas Tax Revenue Bonds, Series 2003." The Series 2003 Bonds shall be dated as of the first day of the month in which occurs the delivery of the Series 2003 Bonds to the purchaser or purchasers thereof or such other date as may be set forth by Supplemental Resolution of the Issuer; shall be issued as fully registered Bonds; shall be numbered consecutively from one upward in order of maturity preceded by the letter "R"; shall be in such denominations and shall bear interest at a rate or rates not exceeding the maximum rate permitted by law, payable in such manner and on such dates; shall consist of such amounts of Serial Bonds, Term Bonds, Variable Rate Bonds and Capital Appreciation Bonds; maturing in such amounts and in such years not exceeding such period as may be permitted by the Act at the time of issuance; shall be payable in such place or places; shall have such Paying Agents and Registrars; and shall contain such redemption provisions; all as the Issuer shall provide hereafter by Supplemental Resolution. The principal of or Redemption Price, if applicable, on the Series 2003 Bonds are payable upon presentation and surrender of the Series 2003 Bonds at the office of the Paying Agent. Interest payable on any Series 2003 Bond on any Interest Date will be paid by check or draft of the Paying Agent to the Holder in whose name such Bond shall be registered at the close of business on the date which shall be the fifteenth day (whether or not a business day) of the calendar month next preceding such Interest Date, or, at the request and expense of such Holder, by bank wire transfer for the account of such Holder. All payments of principal of or Redemption Price, if applicable, and interest on the Series 2003 Bonds shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. SECTION 2.03. EXECUTION OF BONDS. The Bonds shall be executed in the name of the Issuer with the manual or facsimile signature of the Chairman and the official seal of the Issuer shall be imprinted thereon, attested and countersigned with the manual or facsimile signature of the Clerk. In case any one or more of the officers who shall have signed or sealed any of the Bonds or whose facsimile signature shall appear thereon shall cease to be such officer of the Issuer before the Bonds so signed and sealed have been actually sold and delivered such Bonds may nevertheless be sold and delivered as herein provided and may be issued as if the person who signed or sealed such Bonds had not ceased to hold such office. Any Bond may be signed and sealed on behalf of the Issuer by such person who at the actual time of the execution of such Bond shall hold the proper office of the Issuer, although at the date of such Bond such person may not have held such office or may not have been so authorized. The Issuer may adopt and use for such purposes the facsimile signatures of any such persons who shall have held such offices at any time after 17 h,,o. /~/~ FEB 2 5 20° 3 Pg._ ~ ~ the date of the adoption of this Resolution, notwithstanding that either or both shall have ceased to hold such office at the time the Bonds shall be actually sold and delivered. SECTION 2.04. AUTHENTICATION. No Bond of any Series shall be secured hereunder or entitled to the benefit hereof or shall be valid or obligatory for any purpose unless there shall be manually endorsed on such Bond a certificate of authentication by the Registrar or such other entity as may be approved by the Issuer for such purpose. Such certificate on any Bond shall be conclusive evidence that such Bond has been duly authenticated and delivered under this Resolution. The form of such certificate shall be substantially in the form provided in Section 2.08 hereof. SECTION 2.05. TEMPORARY BONDS. Until the definitive Bonds of any Series are prepared, the Issuer may execute, in the same manner as is provided in Section 2.03, and deliver, upon authentication by the Registrar pursuant to Section 2.04 hereof, in lieu of definitive Bonds, but subject to the same provisions, limitations and conditions as the definitive Bonds, except as to the denominations thereof, one or more temporary Bonds substantially of the tenor of the definitive Bonds in lieu of which such temporary Bond or Bonds are issued, in denominations authorized by the Issuer by Supplemental Resolution, and with such omissions, insertions and variations as may be appropriate to temporary Bonds. The Issuer, at its own expense, shall prepare and execute definitive Bonds, which shall be authenticated by the Registrar. Upon the surrender of such temporary Bonds for exchange, the Registrar, xvithout charge to the Holder thereof, shall deliver in exchange therefor definitive Bonds, of the same aggregate principal amount and Series and maturity as the temporary Bonds surrendered. Until so exchanged, the temporary Bonds shall in all respects be entitled to the same benefits and security as definitive Bonds issued pursuant to this Resolution. All temporary Bonds surrendered in exchange for another temporary Bond or Bonds or for a definitive Bond or Bonds shall be forthwith cancelled by the Registrar. SECTION 2.06. BONDS MUTILATED, DESTROYED, STOLEN OR LOST. In case any Bond shall become mutilated, or be destroyed, stolen or lost, the Issuer may, in its discretion, issue and deliver, and the Registrar shall authenticate, a new Bond of like tenor as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond upon surrender and cancellation of such mutilated Bond or in lieu of and substitution for the Bond destroyed, stolen or lost, and upon the Holder furnishing the Issuer and the Registrar proof of his ownership thereof and satisfactory indemnity and complying with such other reasonable regulations and conditions as the Issuer or the Registrar may prescribe and paying such expenses as the Issuer and the Registrar may incur. All Bonds so surrendered or otherwise substituted shall be cancelled by the Registrar. If any of the Bonds shall have matured or be about to mature, instead of issuing a substitute Bond, the Issuer may 18 pay the same or cause the Bond to be paid, upon being indemnified as aforesaid, and if such Bonds be lost, stolen or destroyed, without surrender thereof. Any such duplicate Bonds issued pursuant to this Section 2.06 shall constitute original, additional contractual obligations on the part of the Issuer whether or not the lost, stolen or destroyed Bond be at any time found by anyone, and such duplicate Bond shall be entitled to equal and proportionate benefits and rights as to lien on the Pledged Funds to the same extent as all other Bonds issued hereunder. SECTION 2.07. INTERCHANGEABILITY, NEGOTIABILITY AND TRANSFER. Bonds, upon surrender thereof at the office of the Registrar with a written instrument of transfer satisfactory to the Registrar, duly executed by the Holder thereof or his attorney duly authorized in writing, may, at the option of the Holder thereof, be exchanged for an equal aggregate principal amount of registered Bonds of the same Series and maturity of any other authorized denominations. The Bonds issued under this Resolution shall be and have all the qualities and incidents of negotiable instruments under the laxv merchant and the Uniform Commercial Code of the State of Florida, subject to the provisions for registration and transfer contained in this Resolution and in the Bonds. So long as any of the Bonds shall remain Outstanding, the Issuer shall maintain and keep, at the office of the Registrar, books for the registration and transfer of the Bonds. Each Bond shall be transferable only upon the books of the Issuer, at the office of the Registrar, under such reasonable regulations as the Issuer may prescribe, by the Holder thereof in person or by his attorney duly authorized in writing upon surrender thereof together with a written instrument of transfer satisfactory to the Registrar duly executed and guaranteed by the Holder or his duly authorized attorney. Upon the transfer of any such Bond, the Issuer shall issue, and cause to be authenticated, in the name of the transferee a new Bond or Bonds of the same aggregate principal amount and Series and maturity as the surrendered Bond. The Issuer, the Registrar and any Paying Agent or fiduciary of the Issuer may deem and treat the Person in whose name any Outstanding Bond shall be registered upon the books of the Issuer as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal or Redemption Price, if applicable, and interest on such Bond and for all other purposes, and all such payments so made to any such Holder or upon his order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid and neither the Issuer nor the Registrar nor any Paying Agent or other fiduciary of the Issuer shall be affected by any notice to the contrary. 19 FE3 2 5 20S3 Pg._.. The Registrar, in any case where it is not also the Paying Agent in respect to any Series of Bonds, shall forthwith (A) following the fifteenth day prior to an interest payment date for such Series; (B) following the fifteenth day next preceding the date of first mailing of notice of redemption of any Bonds of such Series; and (C) at any other time as reasonably requested by the Paying Agent of such Series, certify and furnish to such Paying Agent the names, addresses and holdings of Bondholders and any other relevant information reflected in the registration books. Any Paying Agent of any fully registered Bond shall effect payment of interest on such Bonds by mailing a check to the Holder entitled thereto or may, in lieu thereof, upon the request and at the expense of such Holder, transmit such payment by bank wire transfer for the account of such Holder. In all cases in which the privilege of exchanging Bonds or transferring Bonds is exercised, the Issuer shall cause to be issued Bonds and the Registrar shall authenticate and deliver such Bonds in accordance with the provisions of this Resolution. Execution of Bonds by the Chairman and Clerk for purposes of exchanging, replacing or transferring Bonds may occur at the time of the original delivery, of the Series of which such Bonds are a part. All Bonds surrendered in any such exchanges or transfers shall be held by the Registrar in safekeeping until directed by the Issuer to be destroyed or returned by the Registrar. For every such exchange or transfer of Bonds, the Issuer or the Registrar may make a charge sufficient to reimburse it for any tax, fee, expense or other governmental charge required to be paid with respect to such exchange or transfer. The Issuer and the Registrar shall not be obligated to make any such exchange or transfer of Bonds of any Series during the 1 5 days next preceding an Interest Date on the Bonds of such Series (other than Capital Appreciation Bonds and Variable Rate Bonds), or, in the case of any proposed redemption of Bonds of such Series, then, for the Bonds subject to redemption, during the 15 days next preceding the date of the first mailing of notice of such redemption and continuing until such redemption date. The Issuer may elect to issue any Bonds as uncertificated registered public obligations (not represented by instruments), commonly known as book-entry obligations, provided it shall establish a system of registration therefor by Supplemental Resolution. SECTION 2.08. FORM OF BONDS. The text of the Bonds, except for Capital Appreciation Bonds and Variable Rate Bonds, the form of which shall be provided by Supplemental Resolution of the Issuer, shall be in substantially the following form with such omissions, insertions and variations as may be necessary and/or desirable and approved by the Chairman or the Clerk prior to the issuance thereof (which necessity and/or desirability and approval shall be presumed by such officer's execution of the Bonds and the Issuer's delivery of the Bonds to the purchaser or purchasers thereof): 20 No. /a F FEB 2 5 Pg.___._.~6 _ No. R- UNITED STATES OF AMERICA STATE OF FLORIDA COLLIER COUNTY, FLORIDA GAS TAX REVENUE BOND, SERIES Interest Maturity Date of Rate Date Original Issue CUSIP Registered Holder: Principal Amount; Collier County, Florida, a political subdivision of the State of Florida (the "Issuer"), for value received, hereby promises to pay, solely from the Pledged Funds hereinafter described, to the Registered Holder identified above, or registered assigns as hereinafter provided, on the Maturity Date identified above, the Principal Amount identified above and to pay interest on such Principal Amount from the Date of Original Issue identified above or from the most recent interest payment date to which interest has been paid at the Interest Rate per annum identified above on and of each year commencing until such Principal Amount shall have been paid, except as the provisions hereinafter set forth with respect to redemption prior to maturity may be or become applicable hereto. Such Principal Amount and interest and the premium, if any, on this Bond are payable in any coin or currency of the United States of America which, on the respective dates of payment thereof, shall be legal tender for the payment of public and private debts. Such Principal Amount and the premium, if any, on this Bond, are payable, upon presentation and surrender hereof, at the designated corporate trust office of , , , as Paying Agent. Payment of each installment of interest shall be made to the person in whose name this Bond shall be registered on the registration books of the Issuer maintained by , , , as Registrar, at the close of business on the date which shall be the fifteenth day (whether or not a business day) of the calendar 21 ? Pg.___. month next preceding each interest payment date and shall be paid by a check or draft of such Paying Agent mailed to such Registered Holder at the address appearing on such registration books or, at the request and expense of such Registered Holder, by bank wire transfer for the account of such Holder. This Bond is one of an authorized issue of Bonds in the aggregate principal amount of $__ (the "Bonds") of like date, tenor and effect, except as to maturity date, interest rate, denomination and number, issued to finance , in and for the Issuer, under the authority of and in full compliance with the Constitution and laws of the State of Florida, particularly Chapter 125, Florida Statutes, Sections 206.60, 336.021 and 336.025, Florida Statutes, certain ordinances of the Issuer, certain interlocal agreements and other applicable provisions of law (the "Act"), and a resolution duly adopted by the Board of County Commissioners of the Issuer on ,2003, as amended and supplemented (the "Resolution"), and is subject to all the terms and conditions of the Resolution. This Bond and the interest hereon are payable solely from and secured by a lien upon and a pledge of(1 ) the Gas Tax Revenues (as defined in the Resolution) and (2) until applied in accordance xvith the provisions of the Resolution, all moneys, including investments thereof, in certain of the funds and accounts established by the Resolution, all in the manner and to the extent described in the Resolution (collectively, the "Pledged Funds"). The Gas Taxes subject to the lien and pledge provided in the Resolution may be increased by the Issuer in accordance with the terms of the Resolution. It is expressly agreed by the Registered Holder of this Bond that the full faith and credit of the Issuer, the State of Florida, or any political subdivision thereof, are not pledged to the payment of the principal of, premium, if any, and interest on this Bond and that such Holder shall never have the right to require or compel the exercise of any taxing power of the Issuer, the State of Florida, or any political subdivision thereof, to the payment of such principal, premium, if any, and interest. This Bond and the obligation evidenced hereby shall not constitute a lien upon any property of the Issuer, but shall constitute a lien only on, and shall be payable solely from, the Pledged Funds in accordance with the terms of the Resolution. The Issuer may issue additional obligations on parity with the Bonds in accordance with the terms of the Resolution. Neither the members of the Board of County Commissioners of the Issuer nor any person executing this Bond shall be liable personally hereon or be subject to any personal liability or accountability by reason of the issuance hereof. REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE SIDE HEREOF AND SUCH FURTHER 22 FEB 2 5 Pg. PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH ON THE FRONT SIDE HEREOF. [This Bond is one of a Series of Bonds which were validated by judgment of the Circuit Court of the Twentieth Judicial Circuit of Florida, in and for Collier County, Florida, rendered on .] This Bond shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been signed by the Registrar. IN WITNESS WHEREOF, Collier County, Florida has issued this Bond and has caused the same to be executed by the manual or facsimile signature of the Chairman of its Board of County Commissioners and to be countersigned and attested by the manual or facsimile signature of the Clerk of the Board of County Commissioners and its official seal or a facsimile thereof to be affixed or reproduced hereon, all as of the Date of Original Issue. COLLIER COUNTY, FLORIDA {SEAL) Chairman of the Board of County Commissioners of Collier County, Florida Clerk of the Board of County Commissioners of Collier County, Florida 23 i,!,a. /_¢/=' FEB 2 5 CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds of the Issue described in the within-mentioned Resolution. DATE OF AUTHENTICATION: Registrar By: Authorized Officer 24 No. /¢~' FEB 25 "~' (Provisions on Reverse Side of Bond) The transfer of this Bond is registrable in accordance with the terms of the Resolution only upon the books of the Issuer kept for that purpose at the designated corporate trust office of the Registrar by the Registered Holder hereof in person or by his attorney duly authorized in xvriting, upon the surrender of this Bond together with a written instrument of transfer satisfactory to the Registrar duly executed by the Registered Holder or his attorney duly authorized in writing, and thereupon a new Bond or Bonds in the same aggregate principal amount shall be issued to the transferee in exchange therefor, and upon the payment of the charges, if any, therein prescribed. The Bonds are issuable in the form of fully registered Bonds in the denomination of $5,000 and any integral multiple thereof, not exceeding the aggregate principal amount of the Bonds. The Issuer, the Registrar and any Paying Agent may treat the Registered Holder of this Bond as the absolute owner hereof for all purposes, whether or not this Bond shall be overdue, and shall not be affected by any notice to the contrary. The Issuer and the Registrar shall not be obligated to make any exchange or transfer of the Bonds during the 15 days next preceding an interest payment date or, in the case of any proposed redemption of the Bonds, then, for the Bonds subject to redemption, during the 15 days next preceding the date of the first mailing of notice of such redemption. (INSERT REDEMPTION PROVISIONS) Redemption of this Bond under the preceding paragraphs shall be made as provided in the Resolution upon notice given by first class mail sent at least 30 days prior to the redemption date to the Registered Holder hereof at the address shown on the registration books maintained by the Registrar; provided, however, that failure to mail notice to the Registered Holder hereof, or any defect therein, shall not affect the validity of the proceedings for redemption of other Bonds as to which no such failure or defect has occurred. In the event that less than the full principal amount hereof shall have been called for redemption, the Registered Holder hereof shall surrender this Bond in exchange for one or more Bonds in an aggregate principal amount equal to the unredeemed portion of principal, as provided in the Resolution. Reference to the Resolution and any and all resolutions supplemental thereto and modifications and amendments thereof and to the Act is made for a description of the pledge and covenants securing this Bond, the nature, manner and extent of enforcement of such pledge and covenants, and the rights, duties, immunities and obligations of the Issuer. 25 It is hereby certified and recited that all acts, conditions and things required to exist, to happen and to be performed precedent to and in the issuance of this Bond, exist, have happened and have been performed, in regular and due form and time as required by the laws and Constitution of the State of Florida applicable thereto, and that the issuance of the Bonds does not violate any constitutional or statutory limitations or provisions. 26 ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto Insert Social Security or Other Identifying Number of Assignee (Name and Address of Assignee) the within Bond and does hereby irrevocably constitute and appoint , as attorneys to register the transfer of the said Bond on the books kept for registration thereof with full power of substitution in the premises. Dated: Signature guaranteed: NOTICE: Signature(s) must be guaranteed by an institution which is a participant in the Securities Transfer Agent Medallion Program (STAMP) or similar program. NOTICE: The signature to this assignment must correspond with the name of the Registered Holder as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever and the Social Security or other identifying number of such assignee must be supplied. 27 FEB 2 5 The following abbreviations, when used in the inscription on the face of the within Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants in common TEN ENT -- as tenants by the entireties JT TEN -- as joint tenants with right of survivorship and not as tenants in common UNIF TRANS MIN ACT -- (Cust.) Custodian for under Uniform Transfers to Minors Act of (State) Additional abbreviations may also be used though not in list above. 28 ARTICLE III REDEMPTION OF BONDS SECTION 3.01. PRIVILEGE OF REDEMPTION. The terms of this Article III shall apply to redemption of Bonds other than Capital Appreciation Bonds or Variable Rate Bonds. The terms and provisions relating to redemption of Capital Appreciation Bonds and Variable Rate Bonds shall be provided by Supplemental Resolution. SECTION 3.02. SELECTION OF BONDS TO BE REDEEMED. The Bonds shall be redeemed only in the principal amount of $5,000 each and integral multiples thereof. The Issuer shall, at least 45 days prior to the redemption date (unless a shorter time period shall be satisfactory to the Registrar) notify the Registrar of such redemption date and of the principal amount of Bonds to be redeemed. For purposes of any redemption of less than all of the Outstanding Bonds of a single maturity, the particular Bonds or portions of Bonds to be redeemed shall be selected not more than 45 days prior to the redemption date by the Registrar from the Outstanding Bonds of the maturity or maturities designated by the Issuer by such method as the Registrar shall deem fair and appropriate and which may provide for the selection for redemption of Bonds or portions of Bonds in principal amounts of $5,000 and integral multiples thereof. If less than all of the Outstanding Bonds of a single maturity are to be redeemed, the Registrar shall promptly notify the Issuer and Paying Agent (if the Registrar is not the Paying Agent for such Bonds) in writing of the Bonds or portions of Bonds selected for redemption and, in the case of any Bond selected for partial redemption, the principal amount thereof to be redeemed. SECTION 3.03. NOTICE OF REDEMPTION. Notice of such redemption, ~vhich shall specify the Bond or Bonds (or portions thereof) to be redeemed and the date and place for redemption, shall be given by the Registrar on behalf of the Issuer, and (A) shall be filed with the Paying Agents of such Bonds, (B) shall be mailed first class, postage prepaid, at least 30 days prior to the redemption date to all Holders of Bonds to be redeemed at their addresses as they appear on the registration books kept by the Registrar as of the date of mailing of such notice, and (C) shall be mailed, certified mail, postage prepaid, at least 35 days prior to the redemption date to the registered securities depositories and two or more nationally recognized municipal bond information services. Failure to mail such notice to such depositories or services or the Holders of the Bonds to be redeemed, or any defect therein, shall not affect the proceedings for redemption of Bonds as to which no such failure or defect has occurred. Notice of optional redemption of Bonds shall only be sent if the 29 FEB 2 5 003 Pg. Sa-' Issuer determines it shall have sufficient funds available to pay the Redemption Price of and interest on the Bonds called for redemption on the redemption date. Each notice of redemption shall state: (1) the CUSIP numbers of all Bonds being redeemed, (2) the original issue date of such Bonds, (3) the maturity date and rate of interest borne by each Bond being redeemed, (4) the redemption date, (5) the Redemption Price, (6) the date on which such notice is mailed, (7) if less than all Outstanding Bonds are to be redeemed, the certificate number (and, in the case of a partial redemption of any Bond, the principal amount) of each Bond to be redeemed, (8) that on such redemption date there shall become due and payable upon each Bond to be redeemed the Redemption Price thereof, or the Redemption Price of the specified portions of the principal thereof in the case of Bonds to be redeemed in part only, together with interest accrued thereon to the redemption date, and that from and after such date interest thereon shall cease to accrue and be payable, (9) that the Bonds to be redeemed, whether as a whole or in part, are to surrendered for payment of the Redemption Price at the principal office of the Registrar at an address specified, and (10) the name and telephone number of a person designated by the Registrar to be responsible for such redemption. In addition to the mailing of the notice described above, each notice of redemption and payment of the Redemption Price shall meet the following requirements; provided, however, the failure to provide such further notice of redemption orto complywith the terms of this paragraph shall not in any manner defeat the effectiveness of a call for redemption if notice thereof is given as prescribed above: (A) Each further notice of redemption shall be sent by certified mail or overnight delivery service or telecopy to all registered securities depositories then in the business of holding substantial amounts of obligations of types comprising the Bonds (such depositories no~v being The Depository Trust Company, New York, New York, Midwest Securities Trust Company, Chicago, Illinois and Philadelphia Depository Trust Company, Philadelphia, Pennsylvania) and to two or more national information services which disseminate notices of prepayment or redemption of obligations such as the Bonds (such information services no~v being called Financial Information, Inc.'s "Daily Called Bond Service," Jersey City, New Jersey, Kenny Information Service's "Called Bond Service," New York, New York, Moody's "Municipal and Government," New York, New York and Standard & Poor's "Called Bond Record," New York, New York). (B) Each further notice of redemption shall be sent to such other Person, if any, as shall be required by applicable law or regulation. 30 FEB 2 5 2.003 p~,._. The notice of redemption described in this paragraph need not be given as described above if the Bonds called for redemption are registered pursuant to a book-entry-only system. The Issuer may provide that a notice of redemption may be contingent upon the occurrence of certain condition(s) and that if such condition(s) do not occur, the notice will be rescinded; provided notice of rescission shall be mailed in the manner described above to all affected Bondholders not later than three business days prior to the dat,~ of redemption. SECTION 3.04. REDEMPTION OF PORTIONS OF BONDS. Any Bond which is to be redeemed only in part shall be surrendered at any place of payment specified in the notice of redemption (with due endorsement by, or written instrument of transfer in form satisfactory to the Registrar duly executed by, the Holder thereof or his attorney duly authorized in writing) and the Issuer shall execute and the Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds, of the same interest rate and maturity, and of any authorized denomination as requested by such Holder, in an aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bonds so surrendered. SECTION 3.05. PAYMENT OF REDEEMED BONDS. Notice of redemption having been given substantially as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the Redemption Price therein specified, and from and after such date (unless the Issuer shall default in the payment of the Redemption Price) such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Registrar and/or Paying Agent at the appropriate Redemption Price, plus accrued interest. All Bonds which have been redeemed shall be cancelled by the Registrar and shall not be reissued. 31 FEB 2 5 2003 Pg. -¢7 _ ARTICLE IV SECURITY, SPECIAL FUNDS AND APPLICATION THEREOF SECTION 4.01. BONDS NOT TO BE INDEBTEDNESS OF ISSUER. The Bonds shall not be or constitute general obligations or indebtedness of the Issuer as "bonds" within the meaning of any constitutional or statutory provision, but shall be special obligations o f the Issuer, payable solely from and secured by a lien upon and pledge of the Pledged Funds in accordance with the terms of this Resolution. No Holder of any Bond or any Credit Bank or Insurer shall ever have the right to compel the exercise of any ad valorem taxing power to pay such Bond, or be entitled to payment of such Bond from any moneys of the Issuer except from the Pledged Funds in the manner provided herein. SECTION 4.02. SECURITY FOR BONDS. Except as otherwise provided herein, the payment of the principal of or Redemption Price, if applicable, and interest on the Bonds shall be secured forthwith equally and ratably by a pledge of and lien upon the Pledged Funds: provided, however, a Series of Bonds may be further secured by a Credit Facility or insurance policy of an Insurer in addition to the security provided herein; and provided further that a Series of Bonds may be secured independently of any other Series of Bonds by the establishment of a separate subaccount in the Reserve Account for such Series of Bonds. Issuers of a Reserve Account Insurance Policy and Reserve Account Letter of Credit shall be secured in accordance with the provisions hereof. The Issuer does hereby irrevocably pledge the Pledged Funds to the payment of the principal of or Redemption Price, if applicable, and interest on the Bonds in accordance with the provisions hereof. The Pledged Funds shall immediately be subject to the lien of this pledge without any physical delivery thereof or further act, and the lien of this pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the Issuer. Except as otherwise provided by Supplemental Resolution, the obligation of the Issuer to make Hedge Payments to a Counterparty pursuant to a Qualified Hedge Agreement shall be on parity with the Bonds as to lien on and pledge of the Pledged Funds in accordance with the terms hereof (any other payments related to a Qualified Hedge Agreement, including fees, penalties and termination payments and the obligation of the Issuer to collateralize, shall be Subordinated Indebtedness of the Issuer). SECTION 4.03. CONSTRUCTION FUND. The Issuer covenants and agrees to establish a special fund in a bank, trust company or other entity in the State of Florida, which is eligible under the laws of such State to receive funds of the Issuer, to be known as the "Collier County Gas Tax Revenue Bonds Construction Fund," which shall be used only 32 FEB 2 5 "'"'"'"' Pg. for payment of the Cost of the Projects. Moneys in the Construction Fund, until applied in payment of any item of the Cost ora Project in the manner hereinafter provided, shall be held in trust by the Issuer and shall be subject to a lien and charge in favor of the Holders of the Bonds and for the further security of such Holders. There shall be paid into the Construction Fund the amounts required to be so paid by the provisions of this Resolution, and there may ve paid into the Construction Fund, at the option of the Issuer, any moneys received for or in connection with a Project by the Issuer from any other source. The Issuer shall establish within the Construction Fund a separate account for each Project, the Cost of which is to be paid in whole or in part out of the Construction Fund. The "Series 2003 Account" of the Construction Fund is hereby established, from which Costs of the Initial Project shall be paid. The proceeds of insurance maintained pursuant to this Resolution against physical loss of or damage to a Project, or of contractors' performance bonds with respect thereto pertaining to the period of construction thereof, shall be deposited into the appropriate account of the Construction Fund. Any moneys received by the Issuer from the State or from the United States of America or any agencies thereof for the purpose of financing part of the Cost of a Project may be deposited into the appropriate account of the Construction Fund and used in the same manner as other Bond proceeds are used therein; provided that separate accounts or subaccounts may be established in the Construction Fund for moneys received pursuant to the provisions of this paragraph whenever required by Federal or State law. The Issuer covenants that the acquisition, construction and installation of each Project will be completed without delay and in accordance with sound engineering practices. The Issuer shall make disbursements or payments from the Construction Fund to pay the Cost of a Project upon the filing with the Clerk of documents and/or certificates signed by an Authorized Issuer Officer, stating with respect to each disbursement or payment to be made: (A) the item number of the payment, (B) the name and address of the Person to whom payment is due, (C) the amount to be paid, (D) the Construction Fund account from which payment is to be made, (E) the purpose, by general classification, for which payment is to be made and that such purpose qualifies for payment from all of the Gas Taxes (or, in the alternative, an Authorized Issuer Officer states that payment of costs associated with such purpose will not violate the Act), and (F) that (1) each obligation, item of cost or expense mentioned therein has been properly incurred, is in payment of a part of the Cost of a Project and is a proper charge against the account of the Construction Fund from which payment is to be made and has not been the basis of any previous disbursement or payment, or (2) each obligation, item of cost or expense mentioned therein has been paid by the Issuer, is a 33 ~o 3 reimbursement of a part of the Cost of a Project, is a proper charge against the account of the Construction Fund from which payment is to be made, has not been theretofore reimbursed to the Issuer or otherwise been the basis of any previous disbursement or payment and the Issuer is entitled to reimbursement thereof. The Clerk shall retain all such certificates of the Authorized Issuer Officers for such period of time as required by applicable law. The Clerk shall make available the documents and/or certificates at all reasonable times for inspection by any Holder of any of the Bonds or the agent or representative of any Holder of any of the Bonds. Not~vithstanding any of the other provisions of this Section 4.03, to the extent that other moneys are not available therefor, amounts in an account of the Construction Fund with respect to any Series of Bonds shall be applied to the payment of principal and interest on such Series when due. The date of completion of acquisition and construction of a Project shall be determined by the Authorized Issuer Officer xvho shall certify such fact in writing to the Governing Body. Promptly after the date of the completion ora Project, and after paying or making provisions for the payment of all unpaid items of the Cost of such Project, the Issuer shall deposit in the following order of priority any balance of moneys remaining in the Construction Fund in (A) another account of the Construction Fund for which the Authorized Issuer Officer has stated that there are insufficient moneys present to pay the cost of the related Project, (B) the Reserve Account to the extent of a deficiency therein, and (C) such other fund or account established hereunder as shall be determined by the Governing Body, provided the Issuer has received an opinion of Bond Counsel to the effect that such transfer shall not adversely affect the exclusion, if any, of interest on the Bonds from gross income for purposes of federal income taxation. SECTION 4.04. FUNDS AND ACCOUNTS. The Issuer covenants and agrees to establish with one or more banks, trust companies or other entities in the State of Florida, which is eligible under the laws of such State to receive funds of the Issuer, special funds to be known as the "Collier County Gas Tax Revenue Bonds Revenue Fund", the "Collier County Gas Tax Revenue Bonds Debt Service Fund" and the "Collier Count); Gas Tax Revenue Bonds Rebate Fund." The Issuer shall maintain in the Revenue Fund two accounts: the "Restricted Revenue Account" and the "Unrestricted Revenue Account." The Issuer shall maintain in the Debt Service Fund four accounts: the "Interest Account," the "Principal Account," the "Bond Amortization Account," and the "Reserve Account." Moneys in the aforementioned funds and accounts, other than the Rebate Fund and the Unrestricted Revenue Account, until applied in accordance with the provisions hereof, shall be subject to a lien and charge in favor of the Holders of the Bonds and for the further security of such Holders. 34 The Issuer may at any time and from time to time appoint one or more depositories to hold, for the benefit of the Bondholders, any one or more of the funds, accounts and subaccounts established hereby. Such depository or depositories shall perform at the direction of the Issuer the duties of the Issuer in depositing, transferring and disbursing moneys to and from each of such funds and accounts as herein set forth, and all records of such depositary in performing such duties shall be open at all reasonable times to inspection by the Issuer and its agent and employees. Any such depositary shall be a bank or trust company duly authorized to exercise corporate trust powers and subject to examination by federal or state authority, of good standing, and be qualified under applicable State law as a depository. SECTION 4.05. DISPOSITION OF GAS TAX REVENUES. (A) The Issuer shall promptly deposit upon receipt from the State the Gas Taxes and any additional gas taxes pledged hereunder pursuant to Supplemental Resolution into the Restricted Revenue Account. The moneys in the Restricted Revenue Account shall be deposited or credited on or before the 25th day of each month, commencing in the month immediately following delivery of any of the Bonds to the purchasers thereof, or such later date as hereinafter provided, in the following manner and in the following order of priority: (1) Interest Account. The Issuer shall deposit or credit to the Interest Account the sum which, together with the balance in said Account, shall equal the interest on all Bonds Outstanding (except as to Capital Appreciation Bonds) accrued and unpaid and to accrue to the end of the then current calendar month. All Hedge Receipts shall be deposited directly to the Interest Account upon receipt. With respect to interest on Bonds which are subject to a Hedge Payment, interest on such Bonds during the term of the Qualified Hedge Agreement shall be deemed to include the corresponding Hedge Payments. Moneys in the Interest Account shall be applied by the Issuer (a) for deposit with the Paying Agents to pay the interest on the Bonds on or prior to the date the same shall become due and (b) for Hedge Payments. The Issuer shall adjust the amount of the deposit to the Interest Account not later than a month immediately preceding any Interest Date so as to provide sufficient moneys in the Interest Account to pay the interest on the Bonds coming due on such Interest Date. No further deposit need be made to the Interest Account when the moneys therein are equal to the interest coming due on the Outstanding Bonds on the next succeeding Interest Date. With respect to debt service on any Bonds which are subject to a Qualified Hedge Agreement, any Hedge Payments due to the Counterparty to such Qualified Hedge Agreement relating to such Bonds shall be paid to the Counterparty to such Qualified Hedge Agreement on a parity basis with the aforesaid required payments into the Debt Service Fund. In computing the interest on Variable Rate Bonds which shall accrue during a calendar month, the interest rate on such Variable Rate Bonds shall be assumed to be (A) if such Variable Rate Bonds have been Outstanding for at least 24 months prior to the 35 commencement of such calendar month, the highest average interest rate borne by such Variable Rate Bonds for any 30-day period, and (B) if such Variable Rate Bonds have not been Outstanding for at least 24 months prior to the date of calculation, the Bond Buyer Revenue Bond Index most recently published prior to the commencement of such calendar month. (2) Principal Account. Commencing no later than the month which is one year prior to the first principal due date, the Issuer shall next deposit into the Principal Account the sum which, together with the balance in said Account, shall equal the principal amounts on all Bonds Outstanding due and unpaid and that portion of the principal next due which would have accrued on such Bonds during the then current calendar month if such principal amounts were deemed to accrue monthly (assuming that a year consists of 12 equivalent calendar months having 30 days each) except for the Amortization Installments to be deposited pursuant to Section 4.05(A)(3) hereof in equal amounts from the next preceding principal payment due date, or, if there be no such preceding payment due date from a date one year preceding the due date of such principal amount. Moneys in the Principal Account shall be applied by the Issuer for deposit with the Paying Agents to pay the principal of the Bonds on or prior to the date the same shall mature, and for no other purpose. Serial Capital Appreciation Bonds shall be payable from the Principal Account in the years in which such Bonds mature and monthly payments into the Principal Account on account of such Bonds shall commence in the month of the respective Bond Years in which such Bonds mature. The Issuer shall adjust the amount of the deposit to the Principal Account not later than the month immediately preceding any principal payment date so as to provide sufficient moneys in the Principal Account to pay the principal on Bonds becoming due on such principal payment date. No further deposit need be made to the Principal Account when the moneys therein are equal to the principal coming due on the Outstanding Bonds on the next succeeding principal payment date. (3) Bond Amortization Account. Commencing in the month which is one year prior to the first Amortization Installment due date, there shall be deposited to the Bond Amortization Account the sum which, together with the balance in such Account, shall equal the Amortization Installments on all Bonds Outstanding due and unpaid and that portion of the Amortization Installments of all Bonds Outstanding next due which would have accrued on such Bonds during the then current calendar month if such Amortization Installments were deemed to accrue monthly (assuming that a year consists of 12 equivalent calendar months having 30 days each) in equal amounts from the next preceding Amortization Installment due date, or, if there is no such preceding Amortization Installment due date, from a date one year preceding the due date of such Amortization Installment. Moneys in the Bond Amortization Account shall be used to purchase or redeem Term Bonds in the manner herein provided, and for no other purpose. The Issuer shall adjust the amount of the 36 FEB 2 5 deposit to the Bond Amortization Account on the month immediately preceding any Amortization Installment date so as to provide sufficient moneys in the Bond Amortization Account to pay the Amortization Installments becoming due on such date. Payments to the Bond Amortization Account shall be on parity with payments to the Principal Account. Amounts accumulated in the Bond Amortization Account with respect to any Amortization Installment (together with amounts accumulated in the Interest Account with respect to interest, if any, on the Term Bonds for which such Amortization Installment was established) may be applied by the Issuer, on or prior to the 60th day preceding the due date of such Amortization Installment, (a) to the purchase of Term Bonds of the Series and maturity for which such Amortization Installment was established, or (b) to the redemption at the applicable Redemption Prices of such Term Bonds, if then redeemable by their terms. Amounts in the Bond Amortization Account which are used to redeem Term Bonds shall be credited against the next succeeding Amortization Installment which shall become due on such Term Bonds. The applicable Redemption Price (or principal amount of maturing Term Bonds) of any Term Bonds so purchased or redeemed shall be deemed to constitute part of the Bond Amortization Account until such Amortization Installment date, for the purposes of calculating the amount of such Account. As soon as practicable after the 60th day preceding the due date of any such Amortization Installment, the Issuer shall proceed to call for redemption on such due date, by causing notice to be given as provided in Section 3.03 hereof, Term Bonds of the Series and maturity for which such Amortization Installment was established (except in the case of Term Bonds maturing on a Amortization Installment date) in such amount as shall be necessary to complete the retirement of the unsatisfied balance of such Amortization Installment. The Issuer shall pay out of the Bond Amortization Account and the Interest Account to the appropriate Paying Agents, on or before the day preceding such redemption date (or maturity date), the amount required for the redemption (or for the payment of such Term Bonds then maturing), and such amount shall be applied by such Paying Agents to such redemption (or payment). All expenses in connection with the purchase or redemption of Ierm Bonds shall be paid by the Issuer from the Restricted Revenue Account. (4) Reserve Account. There shall be deposited to the Reserve Account an amount which would enable the Issuer to restore the funds on deposit in the Reserve Account to an amount equal to the Reserve Account Requirement applicable thereto. All deficiencies in the Reserve Account must be made up no later than 12 months from the date such deficiency first occurred, whether such shortfall was caused by decreased market value or withdrawal (whether from cash or a Reserve Account Insurance Policy or Reserve Account Letter of Credit). On or prior to each principal payment date and Interest Date for the Bonds (in no event earlier than the 25th day of the month next preceding such payment date), moneys in the Reserve Account shall be applied by the Issuer to the payment of the principal of or 37 FEB 2 5 Redemption Price, if applicable, and interest on the Bonds to the extent moneys in the Interest Account, the Principal Account and the Bond Amortization Account shall be insufficient for such purpose. Whenever there shall be surplus moneys in the Reserve Account by reason of a deCrease in the Reserve Account Requirement or as a result of a deposit in the Reserve Account of a Reserve Account Letter of Credit or a Reserve Account Insurance Policy, such surplus moneys, to the extent practicable, shall be deposited by the Issuer into the Unrestricted Revenue Account. The Issuer shall promptly inform each Insurer of any draw upon the Reserve Account for purposes of paying the principal of and interest on the Bonds. Upon the issuance of any Series of Bonds under the terms, limitations and conditions as herein provided, the Issuer shall fund the Reserve Account in an amount at least equal to the Reserve Account Requirement. Such required amount, if any, shall be paid in full or in part from the proceeds of such Series of Bonds or may be accumulated in equal monthly payments to the Reserve Account over a period of months from the date of issuance of such Series of Bonds, which shall not exceed 36 months. In the event moneys in the Reserve Account are accumulated as provided above, (a) the amount in said Reserve Account on the date of delivery of the Additional Bonds shall not be less than the Reserve Account Requirement on all Bonds Outstanding (excluding the Additional Bonds) on such date, and (b) the incremental difference between the Reserve Account Requirement on all Bonds Outstanding (excluding the Additional Bonds) on the date of delivery of the Additional Bonds and the Reserve Account Requirement on all such Bonds and the Additional Bonds shall be 50% funded upon delivery of the Additional Bonds. Notwithstanding the foregoing provisions, in lieu of or in substitution of the required deposits into the Reserve Account, the Issuer may cause to be deposited into the Reserve Account a Reserve Account Insurance Policy and/or Reserve Account Letter of Credit for the benefit of the Bondholders in an amount equal to the difference between the Reserve Account Requirement applicable thereto and the sums then on deposit in the Reserve Account, if any. The Issuer may also substitute a Reserve Account Insurance Policy and/or Reserve Account Letter of Credit for cash on deposit in the Reserve Account upon compliance with the terms of this Section 4.05(A)(4). Such Reserve Account Insurance Policy and/or Reserve Account Letter of Credit shall be payable to the Paying Agent (upon the giving of notice as required thereunder) on any Interest Date or redemption date on which a deficiency exists which cannot be cured by moneys in any other fund or account held pursuant to this Resolution and available for such purpose. The issuer providing such Reserve Account Insurance Policy and/or Reserve Account Letter of Credit shall be either (a) an insurer whose municipal bond insurance policies insuring the payment, when due, or the principal of and interest on municipal bond issues results in such issues being rated in one of the two highest rating categories (without regard to gradations, such as "plus" or "minus" 38 of such categories) by two of the Rating Agencies, or (b) a commercial bank, insurance company or other financial institution which has been assigned a rating by two of the Rating Agencies in one of the two highest rating categories (without regard to gradations, such as "plus" or "minus" of such categories). Any Reserve Account Insurance Policy and/or Reserve Account Letter of Credit shall equally secure all Bonds except to the extent a Series of Bonds is secured by a subaccount in the Reserve Account which is pledged solely for the payment of such Series of Bonds as provided in the last paragraph of this Section 4.05(A)(4). If two days prior to an interest or principal payment date, or such other period of time as shall be required by the terms of the Reserve Account Insurance Policy or Reserve Account Letter of Credit, the Issuer shall determine that a deficiency exists in the amount of moneys available to pay in accordance with the terms hereof interest and/or principal due on the Bonds on such date, the Issuer shall immediately notify (a) the issuer of the applicable Reserve Account Insurance Policy and/or the issuer of the Reserve Account Letter of Credit and submit a demand for payment pursuant to the provisions of such Reserve Account Insurance Policy and/or the Reserve Account Letter of Credit, (b) the Paying Agent, and (c) the Insurer, if any, of the amount of such deficiency and the date on which such payment is due. In the event the Reserve Account contains both a Reserve Account Insurance Policy or Reserve Account Letter of Credit and cash and separate subaccounts have not been established in the Reserve Account, the cash shall be drawn down completely prior to any draw on the Reserve Account Insurance Policy or Reserve Account Letter of Credit. In the event more than one Reserve Account Insurance Policy or Reserve Account Letter of Credit is on deposit in the Reserve Account, amounts required to be drawn thereon shall be done on a pro-rata basis. The Issuer agrees to pay all amounts owing in regard to any Reserve Account Insurance Policy or Reserve Account Letter of Credit from the Pledged Funds. Pledged Funds shall be applied in accordance with this Section 4.05(A)(4), first, to reimburse the issuer of the Reserve Account Insurance Policy or Reserve Account Letter of Credit for amounts advanced under such instruments, second, replenish any cash deficiencies in the Reserve Account, and, third, to pay the issuer of the Reserve Account Insurance Policy or Reserve Account Letter of Credit interest on amounts advanced under such instruments. This Resolution shall not be discharged or defeased while any obligations are owing in regard to a Reserve Account Insurance Policy or Reserve Account Letter of Credit on deposit in the Reserve Account. The Issuer agrees not to optionally redeem Bonds unless all amounts owing in regard to a Reserve Account Insurance Policy or Reserve Account Letter of Credit on deposit in the Reserve Account have been paid in full. The Issuer may evidence its obligation to reimburse the issuer of any Reserve Account Letter of Credit or Reserve Account Insurance Policy by executing and delivering to such 39 FZO 2 5 ,%03 pg.___ ~'~- issuer a promissory note therefor; provided, however, any such note (a) shall not be a general obligation of the Issuer the payment of which is secured by the full faith and credit or taxing power of the Issuer, and (b) shall be payable solely from the Pledged Funds in the manner provided herein. Any consent or approval of any Insurer described in this Section 4.05(A)(4) shall be required only so long as there are Outstanding Bonds secured by a Bond Insurance Policy issued by such Insurer which is in full force and effect and the commitments of which have been honored by such Insurer. The term "Paying Agent" as used in this Section 4.05(A)(4) may include one or more Paying Agents for the Outstanding Bonds. Whenever the amount of cash in the Reserve Account, together with the other amounts in the Debt Service Fund, are sufficient to fully pay all Outstanding Bonds in accordance with their terms (including principal or applicable Redemption Price and interest thereon), the funds on deposit in the Reserve Account may be transferred to the other Accounts of the Debt Service Fund for the payment of the Bonds. The Issuer may also establish a separate subaccount in the Reserve Account for any Series of Bonds and provide a pledge of such subaccount to the payment of such Series of Bonds apart from the pledge provided herein. To the extent a Series of Bonds is secured separately by a subaccount of the Reserve Account, the Holders of such Bonds shall not be secured by any other moneys in the Reserve Account. Moneys in a separate subaccount of the Reserve Account shall be maintained at the Reserve Account Requirement applicable to such Series of Bonds secured by the subaccount; provided the Supplemental Resolution authorizing such Series of Bonds may establish the Reserve Account Requirement relating to such separate subaccount of the Reserve Account at such level as the Issuer deems appropriate. Moneys shall be deposited in the separate subaccounts in the Reserve Account on a pro-rata basis. In the event the Issuer shall maintain a Reserve Account Insurance Policy or Reserve Account Letter of Credit and moneys in such subaccount, the moneys shall be used prior to making any disbursements under such Reserve Account Insurance Policy or Reserve Account Letter of Credit. (5) Unrestricted Revenue Account. The balance of any moneys after the deposits required by Sections 4.05(A)(1) through 4.05(A)(4) hereof may be transferred, at the discretion of the Issuer, to the Unrestricted Revenue Account or any other appropriate fund or account of the Issuer and may be used for any lawful purpose. (B) Whenever moneys on deposit in the Debt Service Fund are sufficient to fully pay all Outstanding Bonds in accordance with their terms (including principal or applicable Redemption Price and interest thereon), no further deposits to the Debt Service Fund need be made. If on any payment date the Gas Tax Revenues are insufficient to deposit the required amount in any of the funds or accounts or for any of the purposes provided above, the deficiency shall be made up on the subsequent payment dates. The Issuer, in its discretion, may use moneys in the Principal Account and the Interest Account to purchase or redeem Bonds coming due on the next principal payment date, provided such purchase or redemption does not adversely affect the Issuer's ability to pay the principal or interest coming due on such principal payment date on the Bonds not so purchased or redeemed. (C) In the event the Issuer shall issue a Series of Bonds secured by a Credit Facility, the Issuer may establish separate subaccounts in the Interest Account, the Principal Account and the Bond Amortization Account to provide for payment of the principal of and interest on such Series; provided payment from the Pledged Funds of one Series of Bonds shall not have preference over payment of any other Series of Bonds. The Issuer may also deposit moneys in such subaccounts at such other times and in such other amounts from those provided in Section 4.05(A) as shall be necessary to pay the principal of and interest on such Bonds as the same shall become due, all as provided by the Supplemental Resolution authorizing such Bonds. In the case of Bonds secured by a Credit Facility, amounts on deposit in the Debt Service Fund may be applied as provided in the applicable Supplemental Resolution to reimburse the Credit Bank for amounts drawn under such Credit Facility to pay the principal of, premium, if any, and interest on such Bonds or to pay the purchase price of any such Bonds which are tendered by the holders thereof for payment; provided such Credit Facility shall have no priority over Bondholders or an Insurer to amounts on deposit in the Debt Service Fund. Other payments due to a Credit Bank in relation to obligations arising under its Credit Facility may be on parity with the Bonds as to source of and security for payment to the extent provided in the Supplemental Resolution relating thereto. SECTION4.06. REBATE FUND. Amounts on deposit in the Rebate Fund shall be held in trust by the Issuer and used solely to make required rebates to the United States (except to the extent the same may be transferred to the Issuer) and the Bondholders shall have no right to have the same applied for debt service on the Bonds. For any Series of Bonds for which the rebate requirements of Section 148(f) of the Code are applicable, the Issuer agrees to undertake all actions required of it in its arbitrage certificate related to such Series of Bonds, including, but not limited to: (A) making a determination in accordance with the Code of the amount required to be deposited in the Rebate Fund; (B) depositing the amount determined in clause (A) above into the Rebate Fund; (C) paying on the dates and in the manner required by the Code to the United States Treasury from the Rebate Fund and any other legally available moneys of the Issuer such amounts as shall be required by the Code to be rebated to the United States Treasury; and (D) keeping such records of the determinations made pursuant to this Section 4.06 as shall be required by the Code, as well as evidence of the fair market value of any investments purchased with proceeds of the Bonds. The provisions of the above-described arbitrage certificate may be amended without the consent of any Holder, Credit Bank or Insurer from time to time as shall be necessary, in the opinion of Bond Counsel, to comply with the provisions of the Code. SECTION 4.07. INVESTMENTS. Moneys on deposit in the Construction Fund, the Restricted Revenue Account and the Debt Service Fund shall be continuously secured in the manner by which the deposit of public funds are authorized to be secured by the laws of the State. Moneys on deposit in the Construction Fund, the Restricted Revenue Account and the Debt Service Fund, other than the Reserve Account, may be invested and reinvested in Authorized Investments maturing not later than the date on which the moneys therein will be needed for the purposes of such fund or account. Moneys on deposit in the Reserve Account may be invested or reinvested in Authorized Investments which shall mature no later than ten years from the date of investment. All investments shall be valued at cost; provided, that the amounts on deposit in the Reserve Account shall be valued at the market price thereof. Investments in the Reserve Account shall be valued by the Issuer on an amount basis of March 1 of each year. Any and all income received by the Issuer from the investment of moneys in each account of the Construction Fund, the Interest Account, the Restricted Revenue Account and the Reserve Account (to the extent such income and the other amounts in the Reserve Account does not exceed the Reserve Account Requirement applicable thereto), shall be retained in such respective Fund or Account. Any and all income received by the Issuer from the investment of moneys in the Reserve Account (only to the extent such income and other amounts in the Reserve Account exceeds the Reserve Account Requirement), the Principal Account and the Bond Amortization Account shall be deposited in the Interest Account. Nothing contained in this Resolution shall prevent any Authorized Investments acquired as investments of or security for funds held under this Resolution from being issued or held in book-entry form on the books of the Department of the Treasury of the United States. 42 SECTION4.08. SEPARATE ACCOUNTS. The moneys required to be accounted for in each of the foregoing funds, accounts and subaccounts established herein may be deposited in a single, non- exclusive bank account, and funds allocated to the various funds, accounts and subaccounts established herein may be invested in a common investment pool, provided that adequate accounting records are maintained to reflect and control the restricted allocation of the moneys on deposit therein and such investments for the various purposes of such funds, accounts and subaccounts as herein provided. The designation and establishment of the various funds, accounts and subaccounts in and by this Resolution shall not be construed to require the establishment of any completely independent, self-balancing funds as such term is commonly defined and used in governmental accounting, but rather is intended solely to constitute an earmarking of certain revenues for certain purposes and to establish certain priorities for application of such revenues as herein provided. 43 t' ARTICLE V SUBORDINATED INDEBTEDNESS, ADDITIONAL BONDS, AND COVENANTS OF ISSUER SECTION 5.01. SUBORDINATED INDEBTEDNESS. The Issuer will not issue any other obligations, except under the conditions and in the manner provided herein, payable from the Pledged Funds (or any portion thereof) or voluntarily create or cause to be created any debt, lien, pledge, assignment, encumbrance or other charge having priority to or being on a parity with the lien thereon in favor of the Bonds and the interest thereon. The Issuer may at any time or from time to time issue evidences of indebtedness payable in whole or in part out of the Pledged Funds and which may be secured by a pledge of such Pledged Funds; provided, however, that such pledge shall be, and shall be expressed to be, subordinated in all respects to the pledge of the Pledged Funds created by this Resolution. The Issuer shall have the right to covenant with the holders from time to time of any Subordinated Indebtedness to add to the conditions, limitations and restrictions under which any Additional Bonds may be issued pursuant to Section 5.02 hereof. The Issuer agrees to pay promptly any Subordinated Indebtedness as the same shall become due. SECTION 5.02. ISSUANCE OF ADDITIONAL BONDS. No Additional Bonds, payable on a parity with the Bonds then Outstanding pursuant to this Resolution, shall be issued except upon the conditions and in the manner herein provided. The Issuer may issue one or more Series of Additional Bonds for any one or more of the following purposes: (i) financing the Cost of a Project, or the completion thereof, or (ii) refunding any or all Outstanding Bonds or of any Subordinated Indebtedness of the Issuer. No such Additional Bonds shall be issued unless the following conditions are complied xvith: (A) Except as otherwise provided in Section 5.02(G) hereof, there shall have been obtained and filed with the Issuer a statement of an Authorized Issuer Officer: (1) stating that the books and records of the Issuer relating to the Gas Tax Revenues and Investment Earnings have been examined by him; (2) setting forth the amount of the Gas Tax Revenues and Investments Earnings which have been received by the Issuer during any 12 consecutive months designated by the Issuer within the 24 months immediately preceding the date of delivery of such Additional Bonds with respect to which such statement is made; and (3) stating that the amount of the Gas Tax Revenues and Investment Earnings received during the aforementioned 12 month period equals at least 1.35 times the Maximum Annual Debt 44 , Pg.__ __S-p_ J Service on all Bonds then Outstanding and such Additional Bonds with respect to which such statement is made. (B) In the event the Issuer, by Supplemental Resolution, extends the pledge of the Gas Tax Revenues created pursuant to this Resolution to include additional gas tax and such additional gas tax was not in effect during all or a portion of the applicable 12 consecutive month period described in Section 5.02(A) hereof, then ~'or the purposes of determining whether there are sufficient Gas Tax Revenues to meet the coverage test specified in Section 5.02(A) hereof, the Authorized Issuer Officer shall adjust the amount of Gas Tax Revenues which we re rec e ived during the applicable 12 co nsecutive month period to take into account the additional amount of Gas Tax Revenues such additional gas tax would have generated if it had been in effect for the entire 12 consecutive month period; provided, however, that such adjustment shall only be made if the additional gas tax is in effect on the date the statement of the Authorized Issuer Officer referred to in Section 5.02(A) hereof is made and such additional gas tax will remain in effect at least until the final maturity of the Bonds Outstanding at the time of issuance of the Additional Bonds. (C) In the event the Issuer shall enter into any agreement relating to, or any amendment of, the Interlocal Agreements adjusting the Issuer's proportionate share of Gas Tax Revenues and such new proportionate share of Gas Tax Revenues was not in effect during all or a portion of the applicable 12 consecutive month period described in Section 5.02(A) hereof, then for the purpose of determining whether there are sufficient Gas Tax Revenues to meet the coverage test specified in Section 5.02(A) hereof, the Authorized Issuer Officer shall adjust the amount of Gas Tax Revenues which were received during the applicable 12 consecutive month period to reflect the amount of Gas Tax Revenues the Issuer ~vould have received over such 12 consecutive month period had the Issuer's share of Gas Tax Revenues been distributed based on its new proportionate share. (D) For the purpose of determining the Debt Service under this Section 5.02, the interest rate on additional parity Variable Rate Bonds then proposed to be issued shall be deemed to be the Bond Buyer Revenue Bond Index most recently published prior to the sale of such Additional Bonds. (E) For the purpose of determining the Debt Service under this Section 5.02, the interest rate on Outstanding Variable Rate Bonds shall be deemed to be (1) if such Variable Rate Bonds have been Outstanding for at least 24 months prior to the date of sale of such Additional Bonds, the highest average interest rate borne by such Variable Rate Bonds for any 30-day period, or (2) if such Variable Rate Bonds have not been Outstanding for at least 24 months prior to the date of sale of such Additional Bonds, the Bond Buyer Revenue Bond Index most recently published prior to the sale of such Additional Bonds. 45 (F) Additional Bonds shall be deemed to have been issued pursuant to this Resolution the same as the Outstanding Bonds, and all other covenants and other provisions of this Resolution (except as to details of such Additional Bonds inconsistent therewith) shall be for the equal benefit, protection and securing of the Holders of all Bonds issued pursuant to this Resolution. Except as provided in Sections 4.02 and 4.05 hereof, all Bonds regardless of the time or times of their issuance, shall rank equally with respect to their lien on the Pledged Funds and their sources and security for payment therefrom without preference of any Bonds over any other. (G) In the event any Additional Bonds are issued for the purpose of refunding any Bonds then Outstanding, the conditions of this Section 5.02 hereof shall not apply, provided that the issuance of such Additional Bonds shall result in a reduction of aggregate debt service. The conditions of Section 5.02(A) hereof shall apply to Additional Bonds issued to refund Subordinated Indebtedness and to Additional Bonds issued for refunding purposes which cannot meet the conditions of this paragraph. (H) So long as any Outstanding Bonds are insured by Ambac Assurance Corporation, the Issuer will not issue any Variable Rate Bonds without the written consent of Ambac Assurance Corporation. SECTION 5.03. BOND ANTICIPATION NOTES. The Issuermay issue notes in anticipation of the issuance of Bonds which shall have such terms and details and be secured in such manner, not inconsistent with this Resolution, as shall be provided by resolution of the Issuer. SECTION 5.04. ACCESSION OF SUBORDINATED INDEBTEDNESS TO PARITY STATUS WITH BONDS. The Issuer may provide for the accession of Subordinated Indebtedness to the status of complete parity with the Bonds, if (A) the Issuer shall meet all the requirements imposed upon the issuance of Additional Bonds by Section 5.02 hereof, assuming, for purposes of said requirements, that such Subordinated Indebtedness shall be Additional Bonds, and (B) the Reserve Account, upon such accession, shall contain an amount equal to the Reserve Account Requirement in accordance with Section 4.05(A)(4)hereof. If the aforementioned conditions are satisfied, the Subordinated Indebtedness shall be deemed to have been issued pursuant to this Resolution the same as the Outstanding Bonds, and such Subordinated Indebtedness shall be considered Bonds for all purposes provided in this Resolution. SECTION 5.05. BOOKS AND RECORDS. The Issuer will keep books and records of the receipt of the Gas Tax Revenues in accordance with generally accepted accounting principles, and any Credit Bank, Insurer, or Holder or Holders of Bonds shall 46 have the right at all reasonable times to inspect the records, accounts and data of the Issuer relating thereto. SECTION 5.06. ANNUAL AUDIT. The Issuer shall, immediately after the close of each Fiscal Year, cause the financial statements of the Issuer to be properly audited by a recognized independent certified public accountant or recognized independent firm of certified public accountants, and shall require such accountants to complete their report on the annual f'mancial statements in accordance with applicable law. The annual financial statement shall be prepared in conformity with generally accepted accounting principles consistently applied. A copy of the audited financial statements for each Fiscal Year shall be furnished to each Credit Bank or Insurer. The Issuer shall be permitted to make a reasonable charge for furnishing such audited financial statements. SECTION 5.07. NO IMPAIRMENT. The pledging of the Pledged Funds in the manner provided herein shall not be subject to repeal, modification or impairment by any subsequent ordinance, resolution or other proceedings of the Governing Body, except as otherwise provided herein. SECTION 5.08. COLLECTION OF GAS TAX REVENUES. The Issuer covenants to do all things necessary on its part to maintain its eligibility to receive the full amount of Gas Tax Revenues which are required by the Act. The Issuer will proceed diligently to perform legally and effectively all steps required on its part in the levy and collection of Gas Tax Revenues and shall exercise all legally available remedies to enforce such collections now or hereafter available under State law. SECTION 5.09. COVENANTS WITH CREDIT BANKS AND INSURERS. The Issuer may make such covenants as it may, in its sole discretion, determine to be appropriate with any Insurer, Credit Bank or other financial institution that shall agree to insure or to provide for Bonds of any one or more Series credit or liquidity support that shall enhance the security or the value of such Bonds. Such covenants may be set forth in the applicable Supplemental Resolution and shall be binding on the Issuer, the Registrar, the Paying Agent and all the Holders of Bonds the same as if such covenants were set forth in full in this Resolution, provided such covenants shall not diminish the security for any of the Bonds Outstanding. SECTION 5.10. FEDERAL INCOME TAX COVENANTS; TAXABLE BONDS. The Issuer covenants with the Holders of each Series of Bonds (other than Taxable Bonds), that it shall not use the proceeds of such Series of Bonds in any manner which would cause the interest on such Series of Bonds to be or become includable in gross income for purposes of federal income taxation. 47 The Issuer covenants with the Holders of each Series of Bonds (other than Taxable Bonds) that neither the Issuer nor any Person under its control or direction will make any use of the proceeds of such Series of Bonds (or amounts deemed to be proceeds under the Code) in any manner which would cause such Series of Bonds to be "arbitrage bonds" within the meaning of the Code and neither the Issuer nor any other Person shall do any act or fail to do any act which would cause the interest on such Series of Bonds to become includable in gross income for purposes of federal income taxation. The Issuer hereby covenants with the Holders of each Series of Bonds (other than Taxable Bonds) that it will comply with all provisions of the Code necessary to maintain the exclusion of interest on the Bonds from gross income for purposes of federal income taxation, including, in particular, the payment of any amount required to be rebated to the U.S. Treasury pursuant to the Code. The Issuer may, if it so elects, issue one or more Series of Taxable Bonds the interest on which is (or may be) includable in the gross income of the Holder thereof for federal income taxation purposes, so long as each Bond of such Series states in the body thereof that interest payable thereon is (or may be) subject to federal income taxation and provided that the issuance thereof will not cause the interest on any other Bonds theretofore issued hereunder to be or become subject to federal income taxation. The covenants set forth in this Section 5.10 shall not apply to any Taxable Bonds. 48 ARTICLE VI DEFAULTS AND REMEDIES SECTION 6.01. EVENTS OF DEFAULT. The following events shall each constitute an "Event of Default": (A) Default shall be made in the payment of the principal of Amortization Installment, redemption premium or interest on any Bond when due. In determining whether a payment default has occurred, no effect shall be given to payment made under a Bond Insurance Policy. (B) There shall occur the dissolution or liquidation of the Issuer, or the filing by the Issuer of a voluntary petition in bankruptcy, or the commission by the Issuer of any act of bankruptcy, or adjudication of the Issuer as a bankrupt, or assignment by the Issuer for the benefit of its creditors, or appointment of a receiver for the Issuer, or the entry by the Issuer into an agreement of composition with its creditors, or the approval by a court of competent jurisdiction of a petition applicable to the Issuer in any proceeding for its reorganization instituted under the provisions of the Federal Bankruptcy Act, as amended, or under any similar act in any jurisdiction which may now be in effect or hereafter enacted. (C) The Issuer shall default in the due and punctual performance of any other of the covenants, conditions, agreements and provisions contained in the Bonds or in this Resolution on the part of the Issuer to be performed, and such default shall continue for a period of 90 days after written notice of such default shall have been received from the Holders of not less than 25% of the aggregate principal amount of Bonds Outstanding. Notwithstanding the foregoing, the Issuer shall not be deemed to be in default hereunder if such default can be cured within a reasonable period of time and if the Issuer in good faith institutes appropriate curative action and diligently pursues such action until default has been corrected; provided, however, no such curative action shall exceed 90 days without the prior written consent of the Insurers. SECTION 6.02. REMEDIES. Any Holder of Bonds issued under the provisions of this Resolution or any trustee or receiver acting for such Bondholders may either at law or in equity, by suit, action, mandamus or other proceedings in any court of competent jurisdiction, protect and enforce any and all rights under the Laws of the State of Florida, or granted and contained in this Resolution, and may enforce and compel the performance of all duties required by this Resolution or by any applicable statutes to be performed by the Issuer or by any officer thereof; provided, however, that no Holder, trustee or receiver shall 49 have the right to declare the Bonds immediately due and payable without the consent of any affected Insurers. The Holder or Holders of Bonds in an aggregate principal amount of not less than 25% of the Bonds then Outstanding may by a duly executed certificate in writing appoint a trustee for Holders of Bonds issued pursuant to this Resolution with authority to represent such Bondholders in any legal proceedings for the enforcement and protection of the rights of such Bondholders and such certificate shall be executed by such Bondholders or their duly authorized attorneys or representatives, and shall be filed in the office of the Clerk. Notice of such appointment, together with evidence of the requisite signatures of the Holders of not less than 25% in aggregate principal amount of Bonds Outstanding and the trust instrument under xvhich the trustee shall have agreed to serve shall be filed with the Issuer and the trustee and notice of such appointment shall be given to all Holders of Bonds in the same manner as notices of redemption are given hereunder. After the appointment of the first trustee hereunder, no further trustees may be appointed; however, the Holders of a majority in aggregate principal amount of all the Bonds then Outstanding may remove the trustee initially appointed and appoint a successor and subsequent successors at any time. SECTION 6.03. DIRECTIONS TO TRUSTEE AS TO REMEDIAL PROCEEDINGS. The Holders of a majority in principal amount of the Bonds then Outstanding (or any Insurer insuring any then Outstanding Bonds) have the right, by an instrument or concurrent instruments in writing executed and delivered to the trustee, to direct the method and place of conducting all remedial proceedings to be taken by the trustee hereunder, provided that such direction shall not be otherwise than in accordance with law or the provisions hereof, and that the trustee shall have the right to decline to follow any such direction which in the opinion of the trustee would be unjustly prejudicial to Holders of Bonds not parties to such direction. SECTION 6.04. REMEDIES CUMULATIVE. No remedy herein conferred upon or reserved to the Bondholders is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative, and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. SECTION 6.05. WAIVER OF DEFAULT. No delay or omission of any Bondholder to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default, or an acquiescence therein; and every power and remedy given by Section 6.02 to the Bondholders may be exercised from time to time, and as often as may be deemed expedient. No Event of Default 50 may be xvaived without the consent of each Insurer, which has honored all its obligations under its Bond Insurance Policy. SECTION 6.06. APPLICATION OF MONEYS AFTER DEFAULT. If an Event of Default shall happen and shall not have been remedied, the Issuer or a trustee or receiver appointed for the purpose shall apply all Pledged Funds (except as for amounts in the subaccounts, if any, of thc Reserve Account which shall be applied to the payment of the Series of Bonds for which they were established) as follows and in the following order: A. To the payment of the reasonable and proper charges, expenses and liabilities of the trustee or receiver, Registrar and Paying Agent hereunder; and B. To the payment of the interest and principal or Redemption Price, if applicable, then due on the Bonds (provided such payments are made in accordance with applicable law), as follows; (1) Unl'ess the principal of all the Bonds shall have become due and payable, all such moneys shall be applied: FIRST: to the payment to the Persons entitled thereto of all installments of interest then due, in the order of the maturity of such installments, and, if the amount available shall not be sufficient to pay in full any particular installment, then to the payment ratably, according to the amounts due on such installment, to the Persons entitled thereto, without any discrimination or preference; SECOND: to the payment to the Persons entitled thereto of the unpaid principal of any of the Bonds which shall have become due at maturity or upon mandatory redemption prior to maturity (other than Bonds called for redemption for the payment of which moneys are held pursuant to the provisions of Section 8.01 of this Resolution), in the order of their due dates, with interest upon such Bonds from the respective dates upon which they became due, and, if the amount available shall not be sufficient to pay in full Bonds due on any particular date, together with such interest, then to the payment first of such interest, ratably according to the amount of such interest due on such date, and then to the payment of such principal, ratably according to the amount of such principal due on such date, to the Persons entitled thereto without any discrimination or preference; and THIRD: to the payment of the Redemption Price of any Bonds called for optional redemption pursuant to the provisions of this Resolution. 51 (2) If the principal of all the Bonds shall have become due and payable, all such moneys shall be applied to the payment of the principal and interest then due and unpaid upon the Bonds, with interest thereon as aforesaid, without preference or priority of principal over interest or of interest over principal, or of any installment of interest over any other installment of interest, or of any Bond over any other Bond, ratably, according to the amounts due respectively for principal and interest, to the Persons entitled thereto without any discrimination or preference. above. To the payment of all amounts owed to the Insurers not covered by A or B SECTION 6.07. CONTROL BY INSURER. To the extent an Insurer makes any payment of principal of or interest on Bonds in accordance with its Bond Insurance Policy, such Insurer shall become subrogated to the rights of the recipients of such payments in accordance xvith the terms of its Bond Insurance Policy. Upon the occurrence and continuance of an Event of Default, an Insurer of a Series of Bonds, if such Insurer shall not be in payment default under its Bond Insurance Policy, shall be deemed to be the sole owner of such Bonds for purposes of(A) directing and controlling the enforcement of all rights and remedies with respect to such Series of Bonds, including any waiver of an Event of Default and removal of any trustee, and (B) exercising any voting right or privilege or giving any consent or direction or taking any other action that the Holders of such Bonds are entitled to take pursuant to this Article VI hereof. No provision expressly recognizing or granting rights in or to an Insurer shall be modified without the consent of such Insurer. An Insurer's rights under this Section 6.07 shall be suspended during any period in which such Insurer is in default in its payment obligations under its Bond Insurance Policy (except to the extent of amounts previously paid by such Insurer and due and owing to such Insurer) and shall be of no force or effect if its Bond Insurance Policy is no longer in effect or if the Insurer asserts that its Bond Insurance Policy is not in effect or if the Insurer waives such rights in writing. The rights granted to an Insurer under this Section 6.07 are granted in consideration of such Insurer issuing its Bond Insurance Policy. The Issuer shall provide each Insurer immediate notice of any Event of Default described in Section 6.01 (A) hereof and notice of any other Event of Default occurring hereunder within five days of the occurrence thereof. Each Insurer of any Bonds hereunder shall be considered a third-party beneficiary to the Resolution with respect to such Bonds. 52 ARTICLE VII SUPPLEMENTAL RESOLUTIONS SECTION 7.01. SUPPLEMENTAL RESOLUTION WITHOUT BONDHOLDERS' CONSENT. The Issuer, from time to time and at any time, may adopt such Supplemental Resolutions without the consent of the Bondholders (which Supplemental Resolution shall thereafter form a part hereof) for any of the following purposes: (A) To cure any ambiguity or formal defect or omission or to correct any inconsistent provisions in this Resolution or to clarify any matters or questions arising hereunder. (B) To grant to or confer upon the Bondholders any additional rights, remedies, powers, authority or security that may lawfully be granted to or conferred upon the Bondholders. (C) To add to the conditions, limitations and restrictions on the issuance of Bonds under the provisions of this Resolution other conditions, limitations and restrictions thereafter to be observed. (D) To add to the covenants and agreements of the Issuer in this Resolution other covenants and agreements thereafter to be observed by the Issuer or to surrender any right or power herein reserved to or conferred upon the Issuer. (E) To specify and determine the matters and things referred to in Sections 2.01, 2.02 or 2.09 hereof, including the issuance of Additional Bonds, and also any other matters and things relative to such Bonds which are not contrary to or inconsistent with this Resolution as theretofore in effect, or to amend, modify or rescind any such authorization, specification or determination at any time prior to the first delivery of such Bonds. (F) To authorize Additional Projects or to change or modify the description of the Initial Project or any Additional Project. (G) To specify and determine matters necessary or desirable for the issuance of Capital Appreciation Bonds or Variable Rate Bonds. 53 FZ3 2 5 (H) To provide for the establishment of a separate subaccount or subaccounts in the Reserve Account which shall independently secure one or more Series of Bonds issued hereunder. (I) To revise the procedures provided in Section 4.05(A)(4) hereof pursuant to which moneys are drawn on a Reserve Account Insurance Policy or Reserve Account Letter of Credit and moneys are reimbursed to the provider of such Policy or Letter of Credit. (J) To add additional gas taxes to Gas Tax Revenues. (K) To make any other change that, in the opinion of the Issuer, would not materially adversely affect the security for the Bonds. In making such determination, the Issuer shall not take into consideration any Bond Insurance Policy. SECTION 7.02. SUPPLEMENTAL RESOLUTION WITH BONDHOLDERS' AND INSURER'S CONSENT. Subject to the terms and provisions contained in this Section 7.02 and Section 7.01 and 7.03 hereof, the Holder or Holders of not less than a majority in aggregate principal amount of the Bonds then Outstanding shall have the right, from time to time, anything contained in this Resolution to the contrary notwithstanding, to consent to and approve the adoption of such Supplemental Resolutions hereto as shall be deemed necessary or desirable by the Issuer for the purpose of supplementing, modifying, altering, amending, adding to or rescinding, in any particular, any of the terms or provisions contained in this Resolution; provided, however, that if such modification or amendment will, by its terms, not take effect so long as any Bonds of any specified Series or maturity remain Outstanding, the consent of the Holders of such Bonds shall not be required and such Bonds shall not be deemed to be Outstanding for the purpose of any calculation of Outstanding Bonds under this Section 7.02. Any Supplemental Resolution which is adopted in accordance with the provisions of this Section 7.02 shall also require the ~vritten consent of the Insurer of any Bonds which are Outstanding at the time such Supplemental Resolution shall take effect. No Supplemental Resolution may be approved or adopted which shall permit or require, without the consent of all affected Bondholders, (A) an extension of the maturity of the principal of or the payment of the interest on any Bond issued hereunder, (B) reduction in the principal amount of any Bond or the Redemption Price or the rate of interest thereon, (C) the creation of a lien upon or a pledge of the Pledged Funds other than the lien and pledge created by this Resolution or except as otherwise permitted or provided hereby which materially adversely affects any Bondholders, (D) a preference or priority of any Bond or Bonds over any other Bond or Bonds (except as to the establishment of separate subaccounts in the Reserve Account provided in Section 4.05(A)(4) hereof), or (E) a reduction in the aggregate principal amount of the Bonds required for consent to such Supplemental Resolution. Nothing herein 54 contained, hoxvever, shall be construed as making necessary the approval by Bondholders or the Insurer of the adoption of any Supplemental Resolution as authorized in Section 7.01 hereof. If at any time the Issuer shall determine that it is necessary or desirable to adopt any Supplemental Resolution pursuant to this Section 7.02, the Clerk shall cause the Registrar to give notice of the proposed adoption of such Supplemental Resolution and the form of consent to such adoption to be mailed, postage prepaid, to all Bondholders at their addresses as they appear on the registration books. Such notice shall briefly set forth the nature of the proposed Supplemental Resolution and shall state that copies thereof are on file atthe offices of the Clerk and the Registrar for inspection by all Bondholders. The Issuer shall not, however, be subject to any liability to any Bondholder by reason of its failure to cause the notice required by this Section 7.02 to be mailed and any such failure shall not affect the validity of such Supplemental Resolution when consented to and approved as provided in this Section 7.02. Whenever the Issuer shall deliver to the Clerk an instrument or instruments in writing purporting to be executed by the Holders of not less than a majority in aggregate principal amount of the Bonds then Outstanding, which instrument or instruments shall refer to the proposed Supplemental Resolution described in such notice and shall specifically consent to and approve the adoption thereof in substantially the form of the copy thereof referred to in such notice, thereupon, but not otherwise, the Issuer may adopt such Supplemental Resolution in substantially such form, without liability or responsibility to any Holder of any Bond, whether or not such Holder shall have consented thereto. If the Holders of not less than a majority in aggregate principal amount of the Bonds Outstanding at the time of the adoption of such Supplemental Resolution shall have consented to and approved the adoption thereof as herein provided, no Holder of any Bond shall have any right to object to the adoption of such Supplemental Resolution, or to object to any of the terms and provisions contained therein or the operation thereof, or in any manner to question the propriety of the adoption thereof, or to enjoin or restrain the Issuer from adopting the same or from taking any action pursuant to the provisions thereof. Upon the adoption of any Supplemental Resolution pursuant to the provisions of this Section 7.02, this Resolution shall be deemed to be modified and amended in accordance therewith, and the respective rights, duties and obligations under this Resolution of the Issuer and all Holders of Bonds then Outstanding shall thereafter be determined, exercised and enforced in all respects under the provisions of this Resolution as so modified and amended. 55 SECTION 7.03. AMENDMENT WITH CONSENT OF INSURER ONLY. For purposes of amending this Resolution pursuant to Section 7.02 hereof, an Insurer of Bonds shall be considered the Holder of such Bonds which it has insured, provided such Bonds, at the time of the adoption of the amendment, shall be rated by the Rating Agencies which shall have rated such Bonds at the time such Bonds were insured no lower than the ratings assigned thereto by such Rating Agencies on such date of being insured. The consent of the Holders of such Bonds shall not be required if the Insurer of such Bonds shall consent to the amendment as provided by this Section 7.03. At least 15 days prior to adoption of any amendment made pursuant to this Section 7.03, notice of such amendment shall be delivered to the Rating Agencies rating the Bonds. Upon filing with the Clerk of evidence of such consent the Insurer or Insurers as aforesaid, the Issuer may adopt such Supplemental Resolution. After the adoption by the Issuer of such Supplemental Resolution, notice thereof shall be mailed in the same manner as notices of an amendment under Section 7.02 hereof. 56 ARTICLE VIII MISCELLANEOUS SECTION 8.01. DEFEASANCE. If the Issuer shall pay or cause to be paid or there shall otherwise be paid to the Holders of any Series of Bonds the principal or Redemption Price, if applicable, and interest due or to become due thereon, at the times and in the manner stipulated therein and in this Resolution, and the Issuer shall pay all amounts owing to any issuer of a Reserve Account Letter of Credit or Reserve Account Insurance Policy and all amounts owing to any Insurer, then the pledge of the Pledged Funds, and all covenants, agreements and other obligations of the Issuer to the holders of such Bonds, shall thereupon cease, terminate and become void and be discharged and satisfied. In such event, the Paying Agents shall pay over or deliver to the Issuer all money or securities held by them pursuant to the Resolution which are not required for the payment or redemption of Bonds not theretofore surrendered for such payment or redemption. Any Bonds or interest installments appertaining thereto, whether at or prior to the maturity or redemption date of such Bonds, shall be deemed to have been paid within the meaning of this Section 8.01 if(A) in case any such Bonds are to be redeemed prior to the maturity thereof, there shall have been taken all action necessary to call such Bonds for redemption and notice of such redemption shall have been duly given or provision shall have been made for the giving of such notice, and (B) there shall have been deposited in irrevocable trust with a banking institution or trust company by or on behalf of the Issuer either moneys in an amount which shall be sufficient, or Refunding Securities verified by an independent certified public accountant to be in such amount that the principal of and the interest on which when due will provide moneys which, together with the moneys, if any, deposited with such banking institution or trust company at the same time shall be sufficient, to pay the principal of or Redemption Price, if applicable, and interest due and to become due on said Bonds on and prior to the redemption date or maturity date thereof, as the case may be. Except as hereafter provided, neither the Refunding Securities nor any moneys so deposited with such banking institution or trust company nor any moneys received by such bank or trust company on account of principal of or Redemption Price, if applicable, or interest on said Refunding Securities shall be withdrawn or used for any purpose other than, and all such moneys shall be held in trust for and be applied to, the payment, when due, of the principal of or Redemption Price, if applicable, of the Bonds for the payment or redemption of which they were deposited and the interest accruing thereon to the date of maturity or redemption; provided, however, the Issuer may substitute new Refunding Securities and moneys for the deposited Refunding Securities and moneys if the new 57 Refunding Securities and moneys are sufficient to pay the principal of or Redemption Price, if applicable, and interest on the refunded Bonds. For purposes of determining whether Variable Rate Bonds shall be deemed to have been paid prior to the maturity or the redemption date thereof, as the case may be, by the deposit of moneys, or specified Refunding Securities and moneys, if any, in accordance with this Section 8.01, the interest to come due on such Variable Rate Bonds on or prior to the maturity or redemption date thereof, as the case may be, shall be calculated at the Maximum Interest Rate; provided, however, that if on any date, as a result of such Variable Rate Bonds having borne interest at less than the Maximum Interest Rate for any period, the total amount of moneys and specified Refunding Securities on deposit for the payment of interest on such Variable Rate Bonds is in excess of the total amount which would have been required to be deposited on such date in respect of such Variable Rate Bonds in order to satisfy this Section 8.01, such excess shall be paid to the Issuer free and clear of any trust, lien, pledge or assignment securing the Bonds or otherwise existing under this Resolution. In the event the Bonds for xvhich moneys are to be deposited for the payment thereof in accordance with this Section 8.01 are not by their terms subject to redemption within the next succeeding 60 days, the Issuer shall cause the Registrar to mail a notice to the Holders of such Bonds that the deposit required by this Section 8.01 of moneys or Refunding Securities has been made and said Bonds are deemed to be paid in accordance with the provisions of this Section 8.01 and stating such maturity or redemption date upon which moneys are to be available for the payment of the principal of or Redemption Price, if applicable, and interest on said Bonds. Failure to provide said notice shall not affect the Bonds being deemed to have been paid in accordance with the provisions of this Section 8.01. Nothing herein shall be deemed to require the Issuer to call any of the Outstanding Bonds for redemption prior to maturity pursuant to any applicable optional redemption provisions, or to impair the discretion of the Issuer in determining whether to exercise any such option for early redemption. In the event that the principal of or Redemption Price, if applicable, and interest due on the Bonds shall be paid by an Insurer or Insurers, such Bonds shall remain Outstanding, shall not be defeased and shall not be considered paid by the Issuer, and the pledge of the Pledged Funds and all covenants, agreements and other obligations of the Issuer to the Bondholders shall continue to exist and such Insurer or Insurers shall be subrogated to the rights of such Bondholders. 58 SECTION 8.02. CAPITAL APPRECIATION BONDS. For the purposes of (A) receiving payment of the Redemption Price ifa Capital Appreciation Bond is redeemed prior to maturiLy, or (B) receiving payment of a Capital Appreciation Bond if the principal of all Bonds becomes due and payable under the provisions of this Resolution, or (C) computing the amount of Bonds held by the Holder of a Capital Appreciation Bond in giving to the Issuer or any trustee or receiver appointed to represent the Bondholders any notice, consent, request or demand pursuant to this Resolution for any purpose whatsoever, the principal amount of a Capital Appreciation Bond shall be deemed to be its Accreted Value. SECTION 8.03. SALE OF BONDS. The Bonds shall be issued and sold at public or private sale at one time or in installments from time to time and at such price or prices as shall be consistent with the provisions of the Act, the requirements of this Resolution and other applicable provisions of law. SECTION 8.04. SEVERABILITY OF INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions of this Resolution shall be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements and provisions of this Resolution and shall in no way affect the validity of any of the other covenants, agreements or provisions hereof or of the Bonds issued hereunder. SECTION 8.05. VALIDATION AUTHORIZED. To the extent deemed necessary by Bond Counsel or desirable by the County Attorney, Bond Counsel is authorized to institute appropriate proceedings for validation of the Bonds herein authorized pursuant to Chapter 75, Florida Statutes. SECTION8.06. REPEAL OF INCONSISTENT RESOLUTIONS. All ordinances, resolutions or parts thereof in conflict herewith are hereby superseded and repealed to the extent of such conflict. Resolution No. 2003-82 adopted on February 11, 2003 is hereby repealed. Resolution No. 2003-83 which supplemented Resolution No. 2003-82 is in full force and effect and is hereby reaffirmed. Such Resolution No. 2003-83 shall supplement this Resolution. All references in Resolution No. 2003-83 to "Resolution'! shall be to this Resolution. Exhibit A to this Resolution shall be the same as Exhibit A to Resolution No. 2003-82. 59 AGENDA ITEM No. FEB 2 5 2003 Pg. SECTION 8.07. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. DULY ADOPTED, in Regular Session this 25th day of February, 2003. BOP, RI) O1' COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (SEAL) ATTEST: Chairman Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~"~,. l~ta'~ounty Attorne~fl -- 60 .! EXHIBIT A DESCRIPTION OF INITIAL PROJECT A-1 Collier County, Florida Road Project List Collier Blvd (Davis to US41) Goodlette Frk (PRR-GGPKWY) Immokalee Rd, CR951/43rd Ave NE GG PKWY, 6 lane Airport/Santa Bar East/West Livingston Rd, US41/Livingston Livingston Rd, GGP/PRR County Barn Road Pine Ridge Road Goodlette Rd, 4 lane PRR/Vanderbilt Imm Rd/Oil Well to SR29 Logan Blvd PRR-Immk Livingston RdExtension VBR (Collier-Wilson Blvd Rattlesnake Polly to CR951 Advanced ROW Major Reconstmction/Resurfacing North 1 lth Street Livingston Rd, PPR/Imm (CR 862 to CR 896) Santa Barbara, 6 lane Davis/PRR GG Blvd, 4 lane CR95 l/Wilson Blvd Vanderbilt Bch, 4 lane Airport/CR951 Radio Rd, 4 lane Santa Bar/SR84 Radio Rd, 6 laning, Airport/Livingston Radio Rd, 6 laning, Livingston/Santa Barbara NN MSTU Rd (Livingston Rd, Imm - Lee Co line) CR951,4 lane GGB/Imm Rd Immokalee Rd, 6 lane US41/I-75 13 Street Improvements Immokalee Rd 75-CR951 Airport Rd/Enterprise Ave Inter. Impr. Collector/Minor Arterial Rds Santa BB Davis-Rattlesnake Goodlette Frk VBR - Immk Vanderbilt Drive Wigg-BBR Green Blvd Ext Liv-SBB Collier Blvd GBBoGreen Green Bird Sunshine - SBB SR Davis 84 Intersection Pine Ridge Rd Logan-Collier Wilson Bird-Immk-GGB Golden Gate Bird Wilson-Everglades Collier Bivd - Davis-GGPKWY GGPKWY US41-Goodlette BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE February 25, 2003 I. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: B. Districts: Collier County Housing Authority - Audit FYE September 30, 2002; Management Ltr; Replay to Management Ltr; Approved Budget FY 2001- 2002; Schedule of Regular Meeting for 2001-2002; Registered Agent and Description of Outstanding Bonds. Cow Slough Water Control District - Annual Audit Report FY ending September 30, 2002; Management Letter; Response to Management Ltr. 3. North Naples Fire Control & Rescue District - Five Year Capital Plan Collier Mosquito Control District - Annual Audit Report FY ending September 30, 2002; Management Ltr and Response to Management Ltr. Mediterra South Community Development District - Minutes of Meeting Held on September 25, 2002 and Unaudited Financial Statements dated August 31, 2002. ° Port of the Islands Community Improvement District - Minutes of Meeting held on November 15, 2002. Tuscany Reserve Community Development District - Minutes of Meeting held on November 14, 2002 and Proposed Budget FY 2002-2003. C. Minutes: Collier County Hispanic Affairs Advisory Board - Notice of Special Meeting January 30, 2003. Workforce Housing Advisory Committee - Minutes of January 6, 2003 and January 13, 2003 H:Data/Format Collier County Library Advisory Board - Agenda for January 22, 2003; Minutes of December 18, 2002. Productivity Committee Meeting Minutes - Minutes of December 18, 2002. Vanderbilt Beach M.S.T.U. Advisory Committee - Minutes of January 9, 2003; Agenda for February 6, 2003. Development Services Advisory Committee - Agenda for February 5, 2003; Minutes of January 8, 2003. Pelican Bay Advisory Board - Agenda for February 5, 2003, Minutes of January 9, 2003. Forest Lakes Roadway and Drainage M.S.T.U. - Agenda for February 14, 2003, Minutes of January 24, 2003 Enterprise Zone Development Agency - Minutes of January 22, 2003, Minutes of December 4, 2002 H:Data/Format FEB 25 21B3 · _C~..Z;-;,;__ ._ EXECUTIVE SUMMARY AUTHORIZE THE MAKING OF AN OFFER OF JUDGMENT TO RESPONDENT JEFFREY A. RICHARDSON FOR THE FEE TAKING OF PARCEL NO. 198 IN THE AMOUNT OF $6,300 IN THE LAWSUIT STYLED COLLIER COUNTY V. JEFFREY A. RICHARDSON, ET AL., CASE NO. 02-2188-CA (IMMOKALEE ROAD PROJECT #60018). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondent, Jeffrey A. Richardson ("Respondent"), in the amount of $6,300, as full compensation, excepting attorney's fees, costs and interest, for the fee simple acquisition arising out of the condemnation of Parcel No. 198 in Collier County v. Jeffrey A. Richardson, et al., Case No. 02-2188-CA. CONSIDERATIONS: On August 27, 2002, an Order of Taking was entered in Collier County Circuit Court regarding the fee simple acquisition of Parcel 198 for the Immokalee Road Project (Project No. 60018). On September 12, 2002, Collier County deposited with the Registry of the Court the sum of $5,200 for Parcel 198 in accordance with the Order of Taking. The Offer of Judgment, a copy of which is attached, offers the property owner the sum of $6,300 as full compensation for the property taken, including any severance damages, business damages, damages to the remainder and costs to cure, but does not include attorney's fees or other such costs, and interest. This figure is based on the application of the highest comparable unit value to the subject parcel and takes into account the potential risks and costs in proceeding to trial. The making of the Offer of Judgment will require the Respondent to carefully assess his claims for compensation. Respondent will have thirty days from the date of mailing the offer to accept. If Respondent accepts, the County will be required to deposit $1,100 into the registry of the Court, which will be paid to Respondent by Stipulated Final Judgment of the court. If Respondent rejects the offer, and fails to recover more than $6,300 for Parcel 198, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondent after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the terms of the Offer of Judgment to be reasonable. FISCAL IMPACT: Funds in the amount of $1,100 are available in the FY 03 adopted budget. ~ Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: FEB 2 5 Approve the terms of the Offer of Judgment and authorize its service on Respondent, and Approve the expenditure of funds as stated; and Authorize $1,100 to be paid into the Registry of the Court in the event the Offer of Judgment is accepted by Respondent; and Approve Stipulated Final Judgment based on the acceptance of the Offer of Judgment. SUBMITTED BY: REVIEWED BY: REVIEWED BY: Ellen T. Chadwell Assistant County Attorney Transportation/ROW Gregg Strakaluse, Director TransportationTECM Date: Date: //'..~/'.- ~.~ Date: REVIEWED BY: T r an sploer td;~; nA dD73pjiSot ~at°r Date: APPROVED BY: l~avid C. Weigel, i2oun6fiAttomey Date: 2 FEB 2 5 2,30.3 pg. "~ IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Vo JEFFREY A. RICHARDSON, et al., Respondents. Case No.: 02-2118-CA-HDH Parcel No.: 198 OFFER OF JUDGMENT TO: Jeffrey A. Richardson c/o Kenneth A. Jones, Esq. Roetzel and Andress 2320 First Street Suite 1000 Ft. Myers, FL 33901-3419 Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondent, JEFFREY A. RICHARDSON ("Respondent"), for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Respondent arising out of the taking of Parcel 198, in the total amount of Six Thousand Three Hundred and No/100 Dollars ($6,300.00), for Parcel 198, which includes the amount of $5,200.00 which was deposited pursuant to the Order of Taking dated August 27, 2002. offer does not include interest from the date of the Order of Taking or attorneys There are no non-monetary terms or other relevant conditions to this offer except that this ~,,s_and.c~B .... AGEND~jT~.M No. /Iii( FEB 2 5 2003 Pg. ~ The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondent's review upon reasonable notice of such a request. Dated this __ day of ., 2003. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225- Facsimile BY: ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 ATTORNEY FOR PETITIONER CERTIFICATION OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Offer of Judgment has been furnished by U.S. Mail, to: Kenneth A. Jones, Esq., Roetzel and Andress, 2320 First Street, Suite 1000, Ft. Myers, FL 33901-3419, on this __ day of ,2003. ELLEN T. CHADWELL, ESQUIRE FEB 2 EXECUTIVE SUMMARY AUTHORIZE THE MAKING OF AN OFFER OF JUDGMENT TO RESPONDENTS JIMMIE L. ROGERS AND BETTY L. ROGERS FOR THE FEE TAKING OF PARCEL NO. 200 IN THE AMOUNT OF $69,000 IN THE LAWSUIT STYLED COLLIER COUNTY V. JEFFREY A. RICHARDSON, ET AL., CASE NO. 02-2188-CA (IMMOKALEE ROAD PROJECT #60018). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondents, Jimmie L. Rogers and Betty L. Rogers ("Respondents"), in the amount of $69,000, as full compensation, excepting attorney's fees, costs, and interest, for the fee simple acquisition arising out of the condemnation of Parcel No. 200 in Collier County v. ~leffrey A. Richardson, et al., Case No. 02-2188-CA. CONSIDERATIONS: On August 27, 2002, an Order of Taking was entered in Collier County Circuit Court regarding the fee simple acquisition of Parcel 200 for the Immokalee Road Project (Project No. 60018). On September 12, 2002, Collier County deposited with the Registry of the Court the sum of $61,700 for Parcel 200 in accordance with the Order of Taking. The Offer of Judgment, a copy of which is attached, offers the property owners the sum of $69,000 as full compensation for the property taken, including any severance damages, business damages, damages to the remainder and costs to cure, but does not include attorney's fees or other such costs, and interest. This figure is based on the application of the highest comparable unit value to the subject parcel and takes into account the potential risks and costs in proceeding to trial. The making of the Offer of Judgment will require the Respondents to carefully assess their claims for compensation. Respondents will have thirty days from the date of mailing the offer to accept. If Respondents accept, the County will be required to deposit $7,300 into the registry of the Court, which will be paid to Respondents by Stipulated Final Judgment of the court. If Respondents reject the offer, and fail to recover more than $69,000 for Parcel 200, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondents after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the terms of the Offer of Judgment to be reasonable. p~X.~FISCAL IMPACT: Funds in the amount of $7,300 are available in the FY 03 adopted budget. ' Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: AC-.~'NDA iTEM FEB 2 5 2,353 Pg. ~ 2. 3. 4. Approve the terms of the Offer of Judgment and authorize its service on Respondents, and Approve the expenditure of funds as stated; and Authorize $7,300 to be paid into the Registry of the Court in the event the Offer of Judgment is accepted by Respondents; and Approve Stipulated Final Judgment based on the acceptance of the Offer of Judgment. SUBMITTED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Ellen T. Chadwell Assistant County Attorney ROW Acquisition Manager Transportation/ROW Gregg Strakaluse, Director Transportation/ECM No~ Trans 'eder, Administrator ,ortation Division l~avid C. Weigel, County ~ttomey Date: //~,o /~..~ Date: Date: Date: Date: 2 FEB 2 5 Pg. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, JEFFREY A. RICHARDSON, et al., Respondents. Case No.: 02-2118-CA-HDH Parcel Nos.: 200 TO: OFFER OF JUDGMENT Jimmie L. Rogers Betty L. Rogers c/o Kenneth A. Jones, Esq. Roetzel and Andress 2320 First Street Suite 1000 Ft. Myers, FL 33901-3419 Plaintiff, COLLIER COI. YNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondents, JIMMIE L. ROGERS and BETTY L. ROGERS ("Respondents"), for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Respondents arising out of the taking of Parcel 200, in the total amount of Sixty Nine Thousand and No/100 Dollars ($69,000.00), for Parcel 200, which includes the amount of $61,700.00 which was deposited pursuant to the Order of Taking dated August 27, 2002. This offer is being made jointly to Jimmie L. Rogers and Betty L. Roi apportioned in any manner, and can only be accepted by both Respondents. ;ers, -cannot. be ....... FEB 2 5 2.303 pg. 3 There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include interest from the date of the Order of Taking or attorneys fees and costs. The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondents' review upon reasonable notice of such a request. Dated this __day of ,2003. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile BY: ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 ATTORNEY FOR PETITIONER CERTIFICATION OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Offer of Judgment has been furnished by U.S. Mail, to: Kenneth A. Jones, Esq., Roetzel and Andress, 2320 First Street, Suite 1000, Ft. Myers, FL 33901-3419, on this __ day of ,2003. ELLEN T. CHADWELL, ESQUIRE EXECUTIVE SUMMARY APPROVE THE AGREED ORDER AWARDING EXPERT FEES RELATIVE TO THE EASEMENT ACQUISITION OF PARCELS 167, 767, 867A and 867B IN THE LAWSUIT ENTITLED COLLIER COUNTY V. WALLACE I~ LEWIS, Jl~, ET~tL, CASE NO. 01-0711-CA (LIVINGSTON ROAD, PROJECT NO. 60071). OBJECTIVE: That the Board of County Commissioners approve the Agreed Order Awarding Expert Fees to be paid for planning services, engineering services and appraisal services with respect to Parcels 167, 767, 867A and 867B in the lawsuit entitled Collier County v. Wallace L. Lewis, Jr., et al., Case No. 01-0711-CA (Livingston Road Project). CONSIDERATIONS: On May 31, 2001, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Livingston Road project (Project No. 60071). On June 7, 2001, Collier County deposited with the Registry of the Court the sum of $1,078,700.00 for Parcels 167, 767, 867A and 867B in accordance with the Order of Taking. On July 18, 2002, the Board of County Commissioners approved the Stipulated Final Judgment pertaining to these parcels. Pursuant to Section 73.091(1), Florida Statutes, the County has agreed to pay reasonable planning fees in the amount of $15,000.00 for the services of Planning Development, Incorporated; reasonable engineering fees in the amount of $3,200.00 for the services of LBFH, Inc.; and reasonable appraisal fees in the amount of $22,460.00 for the appraisal services of Integra Realty Resources-Southwest Florida, the terms of which are set out in the Agreed Order Awarding Expert Fees (attached as Exhibit "1"). Staff has reviewed the expert fees as set forth in the Agreed Order and considers them to be reasonable in light of the statutory requirements as to costs and fees imposed upon the condemning authority. FISCAL IMPACT: A budget amendment is needed to transfer $40,660 from the Transportation Supported Gas Tax Reserve Fund. Source of Funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan for CIE Project No. 53. RECOMMENDATION: That the Board of County Commissioners: approve the terms of the Agreed Order Awarding Expert Fees; and approve the expenditure of the funds as stated. approve the necessary budget amendment. SUBMITTED BY: fleidi ~. Date: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: ~~~'~ Date: ~T ~ Vra:(coH~' ~j~RW~~iti on Manager Gregg Strakaluse, P.E., Director Transpo/~tion/ECM / , 1 Date: No~n~fi E. F~der, Administrator TranSportation Division David C. Weigel, County~k,~tomey Date: h: LitXEmDom\Lev. is\ExSum- Agrced Order FEB 2 5 2C...n3 Ps.-. ) IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, VS. Petitioner, WALLACE L. LEWIS, JR., et al, Respondents. by Case No.: 01-071 I-CA Parcel Nos.: 167,767, 867A & 867B / AGREED ORDER AWARDING EXPERT FEES THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, and through its undersigned counsel, and Respondents, WALLACE L. LEWIS, JR. and MARIAN HOLLY GERACE, by and through their undersigned counsel, J. WII.EY HICKS, ESQUIRE, for entry of an Agreed Order Awarding Expert Fees as to Parcel Nos. 167, 767, 867A and 867B, and it appearing to the Court that the parties are authorized to make such Motion, and the Court, being fully advised in the premises, it is thereupon ORDERED AND ADJUDGED that Respondents, WALLACE L. LEWIS, JR. and MARIAN HOLLY GERACE, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Twenty Two Thousand Four Hundred Sixty and No/100 DOLLARS ($22,460.00) for appraisal services conducted by Integra Realty Resources-Southwest Florida, the sum of Three Thousand Two Hundred and No/100 Dollars ($3,200.00) for engineering fees conducted by LBFH, Inc., and the sum of Fifteen Thousand and No/100 Dollars ($15,000.00) for planning services conducted by Planning Development Incorporated, all with respect to Par{ 867A and 867B, which fees represent all remaining appraisal, engineering fees recoverable by Respondents in this cause; and it is further ORDERED that Petitioner COLLIER COUNTY, shall, within thirty (30) days from the date of this Order, subject to the approval of the Board of County Commissioners of Collier County, disburse the total amount of Forty Thousand Six Hundred Sixty and No/100 Dollars ($40,660.00) payable to ULMER, HICKS & SCHREIBER, P.A., TRUST ACCOUNT, c/o J. Wiley Hicks, Esquire, Ulmer Hicks and Schreiber, P.A., 890 South Dixie Highway, Coral Gables, Florida 33146, for the appraisal, planning and engineering fees. DONE AND ORDERED this Florida. Conformed copies to: Heidi F. Ashton. Esquire J. Wiley Hicks. Esquire John C. Lukacs, Esquire Thomas C. Palmer, Esquire E. Glenn 'rucker, Esquire day of , 2003, in Naples, Collier County, CIRCUIT COURT JUDGE FEB 2 5 i JOINT MOTION ON AGREED ORDER The Parties, by and through their undersigned attorneys, hereby move for entry of the foregoing Agreed Order Awarding Expert Fees. Dated: J. WILEY HICKS, ESQUIRE Florida Bar No. 516155 ULMER, HICKS & SCHREIBER, P.A. 890 South Dixie Highway Coral Gables, Florida 33146 (305) 661-6688 - Telephone (305) 663-0219 - Facsimile ATTORNEY FOR RESPONDENTS Dated: HEIDI F. ASHTON, ESQUIRE Florida Bar No.: 0966770 COUNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 941/774-8400 - Telephone 941/774-0225 - Facsimile ATTORNEY FOR PETITIONER FEB 23 P~. EXECUTIVE SUMMARY AUTHORIZE THE MAKING OF AN OFFER OF JUDGMENT TO RESPONDENTS STEVEN V. CIARDULLO AND DEBORAH K. CIARDULLO, FOR THE FEE TAKING OF PARCEL NO. 197 IN THE AMOUNT OF $6,300 IN THE LAWSUIT STYLED COLLIER COUNTY V. ROBERT tV. PIEPLOW, ET UX, ET AL., CASE NO. 02-2133-CA (IMMOKALEE ROAD PROJECT #60018). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondents, Steven V. Ciardullo and Deborah K. Ciardullo costs, ( Respondents ), in the amount of $6,300, as full compensation, excepting attorney's fees, and interest, for the fee simple acquisition arising out of the condemnation of Parcel No. 197 in Collie;' County v. Robert W. Pieplow, et al., Case No. 02-2133-CA. CONSIDERATIONS:. On September 5, 2002, an Order of Taking xvas entered in Collier County Circuit Court regarding the fee simple acquisition of Parcel 197 for the Immokalee Road Project (Project No. 60018). On September 19, 2002, Collier County deposited with the Registry of the Court the sum of $5,100 for Parcel 197 in accordance with the Order of Taking. The Offer of Judgment, a copy of which is attached, offers the property owners the sum of $6,300 as full compensation for the property taken, including any severance damages, business damages, damages to the remainder and costs to cure, but does not include attorney's fees or other such costs, and interest. This figure is based on the application of the highest comparable unit value to the subject parcel and takes into account the potential risks and costs in proceeding to trial. The making of the Offer of Judgment will require the Respondents to carefully assess their claims for compensation. Respondents will have thirty days from the date of mailing the offer to accept. If Respondents accept, the County will be required to deposit $1,200 into the registry of the Court, which will be paid to Respondents by Stipulated Final Judgment of the court. If Respondents reject the offer, and fail to recover more than $6,300 for Parcel 197, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondents after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the terms of the Offer of Judgment to be reasonable. FISCAL IMPACT: Funds in the amount of $1,200 are available in the FY 03 adopted budget. ¢~'" ~ource of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT.'. None. RECOMMENDATION: That the Board of County Commissioners: AGENDA ITEM FEB 2 5 200_3 Pg. I 2. 3. 4. Approve the terms of the Offer of Judgment and authorize its service on Respondents, and Approve the expenditure of funds as stated; and Authorize $1,200 to be paid into the Registry of the Court in the event the Offer of Judgment is accepted by Respondents; and Approve Stipulated Final Judgment based on the acceptance of the Offer of Judgment. SUBMITTED BYj.~ REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Ellen T. Chadwell Assistant Cou~nty Attorney ~,~evig~I~h-~,d~[l~s, - - ~...../ ROW Acquisition Manager Transportation/ROW Gregg"Stra~aluse, Director Transportation/ECM Norm/Feder, Administrator - Tran~ortation Division Date: I'~I' 0_'~ Date: Date: 2 AGF. ND,~ ~M IL~ NO._ ~l~_ FEB 2 5 2003 pg._ ~ IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS. ROBERT W. PIEPLOW, et ux, et al. Respondents. Case No.: 02-2133-CA-TB Parcel No.: 197 OFFER OF JUDGMENT TO: be apportioned in any manner, and can only be accepted by both Respondents. Steven V. Ciardullo Deborah K. Ciardullo c/o Kenneth A. Jones, Esq. Roetzel and Andress 2320 First Street Suite 1000 Ft. Myers, FL 33901-3419 Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondents, STEVEN V. CIARDULLO and DEBORAH K. CIARDULLO ("Respondents"), for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Respondents arising out of the taking of Parcel 197, in the total amount of Six Thousand Three Hundred and No/100 Dollars ($6,300.00), for Parcel 197, which includes the amount of $5,100.00 which was deposited pursuant to the Order of Taking dated September 5, 2002. This offer is being made jointly to Steven V. Ciardullo and Deborah K. Ciardullo, cannot FEB 2 5 2003 $ Pg. There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include interest from the date of the Order of Taking or attorneys fees and costs. The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondents' review upon reasonable notice of such a request. Dated this day of ,2003. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 o Telephone (941) 774-0225 - Facsimile BY: ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 ATTORNEY FOR PETITIONER CERTIFICATION OF SERVICE I HEREBY CERTIFY that a tree and correct copy of the foregoing Offer of Judgment has been furnished by U.S. Mail, to: Kenneth A. Jones, Esq., Roetzel and Andress, 2320 First Street, Suite 1000, Ft. Myers, FL 33901-3419, on this __ day of ., 2003. ELLEN T. CHADWELL, ESQUIRE AGEND/; I~]EM FEB 2 5 2003 pg. EXECUTIVE SUMMARY AUTHORIZE THE MAKING OF AN OFFER OF JUDGMENT TO RESPONDENTS LAWRENCE A. KRAHN, JR. AND DEE ANN L. KRAHN, AS TRUSTEES UNDER DECLARATION OF TRUST DATED 1/31/91, DESIGNATED AS TRUST NO. 001, FOR THE FEE TAKING OF PARCEL NO. 195 IN THE AMOUNT OF $6,300 IN THE LAWSUIT STYLED COLLIER COUNTY V. ROBERT W. PIEPLOW, ET UX, ET AL., CASE NO. 02-2133-CA (IMMOKALEE ROAD PROJECT #60018). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondents, Lawrence A. Krahn, Jr., and Dee Ann L. Krahn, as Trustees under Declaration of Trust Agreement dated 1/31/91, designated as Trust No. 001 ("Respondents"), in the amount of $6,300, as full compensation, excepting attorney's fees, costs, and interest from the date of taking, for the fee simple acquisition of Parcel No. 195 in Collier County v. Robert W. Pieplow, et al., Case No. 02-2133-CA. CONSIDERATIONS: On September 5, 2002, an Order of Taking was entered in Collier County Circuit Court regarding the fee simple acquisition of Parcel 195 for the Immokalee Road Project (Project No. 60018). On September 19, 2002, Collier County deposited with the Registry of the Court the sum of $5,600 for Parcel 195 in accordance with the Order of Taking. The Offer of Judgment, a copy of which is attached, offers the property owners the sum of S6,300 as full compensation for the property taken, including any severance damages, business damages, damages to the remainder and costs to cure, but does not include attorney's fees, or other such costs or interest. This figure is based on the application of the highest comparable unit value to the subject parcel and takes into account the potential risks and costs in proceeding to trial. The making of the Offer of Judgment will require the Respondents to carefully assess their claims for compensation. Respondents will have thirty days from the date of mailing the offer to accept. If Respondents accept, the County will be required to deposit $700 into the registry of the Court, which will be paid to Respondents by Stipulated Final Judgment of the court. If Respondents reject the offer, and fail to recover more than $6,300 for Parcel 195, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondents after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. The County Attomey's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the terms of the Offer of Judgment to be reasonable. FISCAL IMPACT: '~'~ Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. Funds in the amount of $700 are available in the FY 03 adopted budget. FE3 2 5 2;23 RECOMMENDATION: That the Board of County Commissioners: 2. 3. 4. Approve the terms of the Offer of Judgment and authorize its service on Respondents; and Approve the expenditure of funds as stated; and Authorize $700 to be paid into the Registry of the Court in the event the Offer of Judgment is accepted by Respondents; and Approve Stipulated Final Judgment based on the acceptance of the Offer of Judgment. E~len T. Chadwel] Assistant County Attorney Date: REVIEWED BY: ~ Date: ROW Acquisition Manager Transportation/ROW REVIEWED BY: ~_. ~~-~~ Date: Gregg Strakaluse, Director Transportation/ECM Nor/n ] Trans eder, Administrator ~rtation Division RI~VIEWED BY: Date: APPROVED BY: I}a~d C. Weigel, Count~ Xttorn~ - Date: 2 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS. ROBERT W. PIEPLOW, et ux, et al. Respondents. Case No.: 02-2133-CA-TB Parcel No.: 195 TO: OFFER OF JUDGMENT Lawrence A. Krahn, Jr., and Dee Ann L. Krahn, his wife, as Trustees under Declaration of Trust Agreement d. i/31/91, designated as Trust No. 001 c/o Kenneth A. Jones, Esq. Roetzel and Andress 2320 First Street Suite 1000 Ft. Myers, FL 33901-3419 Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer ofjudgrnent in this action to the Respondents, LAWRENCE A. KRAHN, JR., and DEE ANN L. KRAHN, as Trustees under Declaration of Trust Agreement dated 1/31/91, designated as Trust No. 001 ("Respondents"), for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Respondents arising out of the taking of Parcel 195, in the total amount of Six Thousand Three Hundred and No/100 Dollars ($6,300.00), for Parcel 195, which includes the amount of $5,600.00 which was deposited pursuant to the Order of Taking dated September 5, 2002. FE3 2 5 7. .73 There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include interest from the date of the Order of Taking or attorneys fees and costs. The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondents' review upon reasonable notice of such a request. Dated this __day of ., 2003. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile BY: ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 ATTORNEY FOR PETITIONER CERTIFICATION OF SERVICE I HEREBY CERTIFY that a tree and correct copy of the foregoing Offer of Judgment has been furnished by U.S. Mail, to: Kenneth A. Jones, Esq., Roetzel and Andress, 2320 First Street, Suite 1000, Ft. Myers, FL 33901-3419, on this __ day of ,2003. ELLEN T. CHADWELL, ESQUIRE ! EXECUTIVE SUMMARY AUTHORIZE THE MAKING OF AN OFFER OF JUDGMENT TO RESPONDENT MADGE GREEN FOR THE FEE TAKING OF PARCEL NO. 214 IN THE AMOUNT OF $3,300 IN THE LAWSUIT STYLED COLLIER COUNTY ¥. EFRAIN ARCE, ET ,4L., CASE NO. 02-2119-CA (IMMOKALEE ROAD PROJECT #60018). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondent, Madge Green ("Respondent"), in the amount of $3,300, as full compensation, excepting attorney's fees, costs and interest, for the fee simple acquisition arising out of the condemnation of Parcel No. 214 in Collier County v. Efrain Arce, et al., Case No. 02-2119-CA. CONSIDERATIONS: On August 27, 2002, an Order of Taking was entered in Collier County Circuit Court regarding the fee simple acquisition of Parcel 214 for the Immokalee Road Project (Project No. 60018). On September 12, 2002, Collier County deposited with the Registry of the Court the sum of $2,900 for Parcel 214 in accordance with the Order of Taking. The Offer of Judgment, a copy of which is attached, offers the property owner the sum of $3,300 as full compensation for the property taken, including any severance damages, business damages, damages to the remainder and costs to cure, but does not include attorney's fees or other such costs, and interest. This figure is based on the application of the highest comparable sale unit value to the subject parcel and takes into account the potential risks and costs in proceeding to trial. The making of the Offer of Judgment will require the Respondent to carefully assess her claims for compensation. Respondent will have thirty days from the date of mailing the offer to accept. If Respondent accepts, the County will be required to deposit $400 into the registry of the Court, which will be paid to Respondent by Stipulated Final Judgment of the court. If Respondent rejects the offer, and fails to recover more than $3,300 for Parcel 214, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondent aRer the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the terms of the Offer of Judgment to be reasonable. c,%'~ISCAL IMPACT: Funds in the amount of $400 are available in the FY 03 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: FEB 2 5 £[53 Approve the terms of the Offer of Judgment and authorize its service on Respondent, and Approve the expenditure of funds as stated; and Authorize $400 to be paid into the Registry of the Court in the event the Offer of Judgment is accepted by Respondent; and Approve Stipulated Final Judgment based on the acceptance of the Offer of Judgment. SUBMITTED B _ "' Ellen T. Chadwell Assistant County Attorney REVIEWED BY: ~~~'~ 4~v~ A~'ceq u~t~oS 'n ~ ~n age r Transpgrtation/ROW REVIEWED BY: ~'. Gregg StrakaluseTDirector Transportation/ECM Date: Date: Date: REVIEWED BY: Tran Feder, Administrator >ortation Division Date: APPROVED BY: I~avid C. W~-igel, C%tifity Att~m'~Y 2 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No.: 02-2119-CA-HDH VS. Parcel No.: 214 EFRAIN ARCE, et al., Respondents. OFFER OF JUDGMENT TO: MADGE GREEN c/o Kenneth A. Jones, Esq. Roetzel and Andress 2320 First Street Suite 1000 Ft. Myers, FL 33901-3419 Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer ofjudgrnent in this action to the Respondent, MADGE GREEN ("Respondent"), for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Respondent arising out of the taking of Parcel 214, in the total amount of Three Thousand Three Hundred and No/100 Dollars ($3,300.00), for Parcel 214, which includes the amount of $2,900.00 which was deposited pursuant to the Order of Taking dated August 27, 2002. There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include interest from the date of the Order of Taking or attorneys The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondent's review upon reasonable notice of such a request. Dated this ~day of ,2003. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile BY: ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 ATTORNEY FOR PETITIONER CERTIFICATION OF SERVICE I HEREBY CERTIFY that a tree and correct copy of the foregoing Offer of Judgrnent has been furnished by U.S. Mail, to: Kenneth A. Jones, Esq., Roetzel and Andress, 2320 First Street, Suite 1000, Ft. Myers, FL 33901-3419, on this __ day of ,2003. ELLEN T. CHADWELL, ESQUIRE FEB 2 5 2;]3 j EXECUTIVE SUMMARY AUTHORIZE THE MAKING OF AN OFFER OF JUDGMENT TO RESPONDENTS DARRYL J. DAMICO AND BRAD T. DAMICO FOR THE FEE TAKING OF PARCEL NO. 218 IN THE AMOUNT OF $3,300 IN THE LAWSUIT STYLED COLLIEIt COUNTY V. CARY B. COLLINS, ET AL., CASE NO. 02-2134-CA 0MMOKALEE ROAD PROJECT #60018). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondents, Darryl J. Damico and Brad T. Damico ("Respondents"), in the amount of $3,300, as full compensation, excepting attorney's fees, costs, and interest, for the fee simple acquisition arising out of the condemnation of Parcel No. 218 in Collier County v. Cary B. Collins, et al., Case No. 02-2134-CA. CONSIDERATIONS: On September 5, 2002, an Order of Taking was entered in Collier County Circuit Court regarding the fee simple acquisition of Parcel 218 for the Immokalee Road Project (Project No. 60018). On September 19, 2002, Collier County deposited with the Registry of the Court the sum of $2,900 for Parcel 218 in accordance with the Order of Taking. The Offer of Judgment, a copy of which is attached, offers the property owners the sum of $3,300 as full compensation for the property taken, including any severance damages, business damages, damages to the remainder and costs to cure, but does not include attorney's fees, costs, and interest. This figure is based on the application of the highest comparable unit value to the subject parcel and takes into account the potential risks and costs in proceeding to thai. The making of the Offer of Judgment will require the Respondents to carefully assess their claims for compensation. Respondents will have thirty days from the date of mailing the offer to accept. If Respondents accept, the County will be required to deposit $400 into the registry of the Court, which will be paid to Respondents by Stipulated Final Judgment of the court. If Respondents reject the offer, and fail to recover more than $3,300 for Parcel 218, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondents after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the terms of the Offer of Judgment to be reasonable.  FISCAL IMPACT: Funds in the amount of $400 are available in the FY 03 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: FE3 2 5 2223 2. 3. 4. Approve the terms of the Offer of Judgment and authorize its service on Respondents, and Approve the expenditure of funds as stated; and Authorize $400 to be paid into the Registry of the Court in the event the Offer of Judgment is accepted by Respondents; and Approve Stipulated Final Judgment based on the acceptance of the Offer of Judgment. SUBMITTED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: n T. Chadwell Assistant County Attorney ROW Acqms~tmn Manager Transportation/ROW Gregg Strakaluse, Director Transportation/ECM Norn~ Feder, Administrator Trar~portation Division David C. Weigel, County Att(:~-ney Date: Date: Date: ~27J~.3 // Date: 2 FE3 2 5 2~23 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS. CARY B. COLLINS, et ux., et al., Case No.: 02-2134-CA-TB Parcel No.: 218 Respondents. OFFER OF JUDGMENT TO: Darryl J. Damico Brad T. Damico c/o Kenneth A. Jones, Esq. Roetzel and Andress 2320 First Street Suite 1000 Ft. Myers, FL 33901-3419 Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer ofjudglrtent in this action to the Respondents, DARRYL J. DAMICO and BRAD T. DAMICO ("Respondents"), for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Respondent arising out of the taking of Parcel 218, in the total amount of Three Thousand Three Hundred and No/100 Dollars ($3,300.00), for Parcel 218, which includes the amount of $2,900.00 which was deposited pursuant to the Order of Taking dated September 5, 2002. This offer is being made jointly to Darryl J. Damico and Brad T. Damico, cannot be apportioned in any manner, and can only be accepted by both Respondents. There are no non-monetary terms or other relevant conditions to this offer e~xc?_~ [h.at t..his ........ offer does not include interest from the date of the Order of Taking or attomeys FE3 2 5 2_'23 The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondent's review upon reasonable notice of such a request. Dated this __day of ,2003. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile BY: ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 ATTORNEY FOR PETITIONER CERTIFICATION OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Offer of Judgment has been furnished by U.S. Mail, to: Kenneth A. Jones, Esq., Roetzel and Andress, 2320 First Street, Suite 1000, Ft. Myers, FL 33901-3419, on this __ day of ,2003. ELLEN T. CHADWELL, ESQUIRE FE3 2 5 7.123 EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE FEE SIMPLE ACQUISITION OF PARCEL l l0C, THE ACQUISITION OF A PERPETUAL, NON-EXCLUSIVE SLOPE AND UTILITY EASEMENT OF PARCEL 510C, AND A TEMPORARY CONSTRUCTION EASMENT FOR PARCEL 710, IN THE LAWSUIT STYLED COLLIER COUNTY V. G- 4 PARTNERSHIP, ETAL. (GOODLETTE-FRANK ROAD, PROJECT NO. 60134). OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the fee simple acquisition of Parcel 110C, the acquisition of a perpetual, non-exclusive slope and utility easement of Parcel 510C, and a temporay construction easement for Parcel 710, all for the Goodlette-Frank Road project in the lawsuit styled Collier County v. G-4 Partnership, et al., Case No. 02-1741-CA. CONSIDERATIONS: On August 27, 2002, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcels 110C, 510C and 710 for the Goodlette-Frank Road project (Project No. 60134). On September 12, 2002, Collier County deposited with the Registry of the Court the sum of $408,500.00 for Parcels 110C, 510C and 710 in accordance xvith the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property oxvners, G-4 Partnership, Juliet A. Sproul, as Trustee for Juliet C. Sproul under will of Barron Collier, Jr., Jennifer S. Sullivan, as Trustee for Juliet C. Sproul under will of Barron Collier, Jr., Katherine G. Sproul, as Trustee for Juliet C. Sproul under will of Barron Collier, Jr., and Barron Collier, III, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2002-97 as amended). The agreement also provides that the County will construct and maintain a westbound turn lane and driveway connection, as contemplated in the approved Pine Ridge Commons PUD ordinance #PUD-99-24. The terms of the settlement agreement are set out in the attached Stipulated Final Judgment. The Stipulated Final Judgment provides for $434,455.00 to be paid to the Respondents as full compensation for the property rights taken as to Parcels 110C, 510C and 710, and that $4,000.00 to be paid to Andrew G. Siket, Esquire as attorney fees and $4,000 be paid for engineering fees pursuant to Section 73.091, Florida Statutes. ~The Stipulated Final Judgment provides that Collier County shall deposit an additional amount ',.a of $33,955.00 with the Registry of the Court. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. AGEN 4 FEB 2 5 2003 FISCAL IMPACT: Funds in the amount of $34,955.00 are available in the FY 03 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: Approve the Stipulated Final Judgment; Approve the expenditure of the funds as stated; and Direct staff to deposit the sum of $34,955.00 into the Registry of the Court. SUBMITTED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: t Heidi F. Ashton Assistant County Attorney ROW Acquisition Manager Transportation/R~W/ / Gregg Strakaluse, Director Transportation/ECM ~)'nA~:is::t°r Date: Date: Date: Date: Date: 2 ~GEN. FEB 2 5 2023 Pg. IN THE CIRCUIT CQURT OF THE TWENTIETH IUDICIAL CIRCUIT IN AND' FOR COl .t..m3~. COUNTY, FLORIDA CIVIL DIVISION CO~.L~R COUNTY, FtDRIDA, a political subdivision of th~ State of Florida, P~tfliom=r, VS. G-4 PARTNEI~HIP, et al. Respondents. / Case No. 02-1741-CA Parcel Nos.: ll0C, ~10C & 710 JOINT MOTION FOR ENTRY OF STIPULATED ORDER Petitiona% COLLIF~ COUNTY, FLORIT)A, and Kespode~ts, 0-4 PARTNP_~HIP, ~Ur.IRT A. SPROUL, as Trusteo for 3ulict C. Sproul undar will of Bah'on Collier, Jr., JENNIP'ER S. SU~.I.WAN, as Trust~ for Juliet C. Sproul uad~r will of Ban-on Collier, Ir., KATI~RINE G. SPROUL, ~s Tmst~ for Juliet C. Sproul under will of Bahia Collie. r, Ir., and BARRoN COI Ill, by and through their-undexxigncd counsol, h~by mow this Court for :ntry of th~ S~ipalmr. d · Final Judgment as to Pm~l Nos. 110C, 510C and 710 attached he. re~o as Exlfibit "A". For Pedtio~e.r: H. EIDI F. ASHTON, ESQ~ Flo,~aa B~ No. 0966770 OFFICE OF THE COUNTY ATTORNEY I--T.,'~on T,,me~ Bt, ildi,,g 3301 East Taxi.mi Trail Naples, Flo6da 34112 Flo~ta Bar No. 779415 SIKET & SOLIS, T-r.P 3m~%uth B~_-k Building 1100 Fifth Avenue South Suite 301 Naples, Florida 34102 .... __~ FEB 2 5 [ 2-- 3--03~ 3:02PM;$1KET SOLI$. LLP ;941 261 1579 # 8/ 23 IN THE CIRCUIT COURT OF THE TWENTIETH/UDICIAL CIRCUIT IN AND FOR COF.;.n~R COUNTY, FLORIDA CIVIL DIVISION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No. 02-1741-CA vs. Parcel Nos.: ll0C, 510C & 710 G-4 PARTNERSHIP, et al. Respondents. THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, by and through its undersigned counsel, and Respondents, G-4 PARTNERSHIP, JUI Jlq. T A. SPROUL, as Trustee for Juliet C. Spwul under will of Barron Collier, Jr., JENNIFER S. SUIJ.WAN, as Trustee for Juliet C. Sproul under will of Barton Collier, Jr., KATI~.RINE G. SPROUL, as Trustee for Juliet C. Sproul under will of Barton Collier,/Ir., and BARRON COLLIER, I~ by and through their undersigned counsel, for entry ora Stipulated Final JudL~ment as to Parcel Nos. 110C, 510C and 710, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Pctitioncr is th~ fu[l compcllsation duc Respondents, G-4 PARTNERSHIP, JUL~ A. SPROUL, as Trustee for Juliet C. Sproul under will of Barron Collier, Jr., JENNIFER S. SIn'.LFVAN, as Tmstcc for Juliet C. Sproul trader will of Barton Collier, Ir., KATHHRINB G. SPROUL, as Trustee for 1ulict C. Sproul under will of Barton Collier, Sr., and BARRON COI.I.ll~.Px, III, and the Court being otherwisc fully advised in thc premises thereof, it is FEB 2 2-- 3--03; 3:02PM;SIKET $OLIS, LLP ;941 261 1579 ~ g/ Z3 ORDERED AND AD/LTDGED that Respondents, G-4 PARTNERSHIP, JULr~-T A. SPROU/~ as Trustee for Juliet C. Sprout under will of Barton Collier, Jr., JENNIFER $. $1.Tr I.~rAN, as Trust~= for ~uliet C. Sproul under will of Barton Collier, Jr., KATI4F. RINE SPROUL, as Trustee for Juliet C. Spwul under wfl/of Barton CoUier, Jr., and BARRON COt III, have and recover from Petitioner, COI2.ZER COUNTY, HJDRIDA, the sum ~'y-l~otm TI~OUSAND Foul~ HutmP..~,n Flyry-~ ~ No/100 Do~.~.kv, s ($434,455.00) for Parcel Nos. 110C, 510C and 710 being fully described ~n Exhibit "A' as full payment for the prope~'y interests t.ken and for dama~.s resulting to the remainder, i~ less than the enfir~ prol~rty for the propcs~yintcr~ts taken, business damages, and for all other damages in connection with said parcels; it is further ORDERED tha~ Petitioner sbs]! d~posit an additional TI~-T~I~ T~otJs,~u~r~ Htn~t~n F[t~r-l~ ~ NoM00 DOT.T.~mS ($33,9S$.~) subject to ~pproval of tl~ Board of County Commissioners within thirty (30) d~ys of the dat~bf this Stipulated Final Sudsm~nt; it is ORDERED tlmt Respondents waive an), claim tO attorney's fees for any alleged non- monetary t~n~fits with th~ ~cepti~ of those fees provid~ herein; ORDEI~D that as bothPetition~r and Respondeats have reviewed tt~ proposed construction of a west bound turn lane and driveway connection to the parent tract which is depicted by Sheets 58, 59, S-41, S-42, 163 and 164 of the cnnstmction pl~n-~ for Goodle~Fx~nlr Road prepared by /olmson Bngineezing and revised August 23, 2002 and attached hereto and incoxTomted heroin as Exhibit "B" and as Petitioner and Respondents have stipulated that said turn Lane and driveway connection conforms in all~espects with all applicable ordinances and dedgn standards including, but not limited to, the Cotlier County Land Development Code, it is hereby o~ 2-- 3--03; 3:02PM;SlKET SOLIS. L~ ;~41 2~1 157~ ~ 10/ 23 shall construct and maintain as depicted by Exhibit "B" and as contemplated in the approved Pine Ridge Commons PUD ordinance #PUD-99-24, said west bound turn lane and driveway connection. While Petitioner has reserved the right to modify said tram lane lengths and mad markings and other roadway improvements in exercise of its police powers, Petitioner agrees not to close the driveway connection to pine Ridge Road without providing equivalent access to Pine Ridge Road. As Re. spo~ts have specifi y reserved ~ rights in perpetuity to be co .mpensated for any future lack of access by the parent parcel to Pine Ridge Road, this order does not, and shall not be interpreted ill ally way, to limit Respondents' parent parcels' fight of access to Pine Ridge Road; it ORDERED that Respondents shnll be entitled to an attorney's fee of $4,000.00 and engineering fees of $4,000.00 pursuant fees to Section 73.091, Florida Statutes; it is furthest ORDERED that the Court r~servcs jurisdiction to apportion and disburse the award of FOUR Ittn~Tnlmo Tmst~-FOUR Tgousm~ FOUR Fly, mi Ftm~-~ ~ No/100 DOr.t.4.RS ($4M~455.00) refen'ed to above; it is further ORDEI~RI3 that upon the additional deposit of TmRTY-TII~TEIoI~ANB NINIg HUI~I~.n FIFTY-FIV~ ~ NO/100 DO~ ($33,.955.00) referenced herein, the title to Parcel Nos. 110C, $10C and '/10, being fully descried in b.r~tu'bit "A" attached hereto and incorporated herein, which vestod in Petitioner pursuant to the Order of Taking dated August 27, 2002, and the cl~posit of money heretofore made, shall be approved, ratifiod, and confirmed; it is further ORDEI~k'~ that the Notice of Lis Pendens filed in th~ above-styled case and recorded in Official Reco~Book 3030, Page S32 of the Public Records of Collier County, Florida be dismissed; and it is further FEB 5 273 -i t 2-- 3--03; 3:02~M;SIKET SOLI$. LL~ ;941 261 157g ~ 11/ 23 ORDEI~h-~ that this Stipulated Final Jud~ent is to be re, corded by thc Collier County Clerk of Courts in the Official Records of Collier County, Florida; it is therefore DONI~ AND OKDF_~RD in Chambers at Naples, Collier County, Florida., this · 2003. day of Conformed copies to: I-Icidi F. Asbton, Esquire Andrew G. Siket, Esquire Jean G. Howard, F_.squim Robert Pritt, Esquire Kenneth Jones, Esqui~ E. Glenn Tucker, Esquix~ CIRCUIT COUKT JUDGR .,t,O E ?,; D ¢,,. :,,~ E N; ,.-,,. r,:o. P~. ~ PRC.~ECT PA~OEL NO. : 110C TAN I:ZARCE~ NO. : ~,. ~ ! LOT 13, · // LOT II LOT 8 ~.1~ N~U, IZZlN P~ LOT ~ // G--4 PARTNER-~.IIP O.R. 1679, PG. 14.42 (PINE RIOGE CQI, IIdONS P.U.D.) GRAPPHC sCALE -'.. SKETCH AND DESCRIPTION _ "-' SECTION 10, TOWNSHIP 4.0 SOUTH. RANGE 25 EAST · _,,~.__~__,?~-.__~=m._ N ~.m L~4~4~ COLLIER COUNTY, F'LOI~II3A · ~~ ~ml;m ........... ~,i -- "' ~ ~ ~ ~ ~' ~ ~.. ~~. ~ , ~. I ......... . PROJECT NO. : 60134 PRO~E~GT PA,'~.. NO. : 110C TAX P,ARC~='L NO. :m~,,.~--~'. 3.-'~'o PARCEL, A P,~U~C~L oF LAND LOOAT~O IN SEa~ON 10, ~P 4. SOU~ ~NG AT ~ IN~~ ~ A ~R~ ~Q C~OA~ ~y ~D HA~NG A ~ TO ~N IN~S[~ ~ ~D NOR~E~Y RI~T--OF--WAY UN[ ~ PINE RID~ RO~  UN~ RO~ NO. BBB); '~EN~ RUN NOR~ BB'~3'IOe ~ST ~ONG S~O HOR~y ~--OF--WAY. A DI~AN~ OF T3O.lT P~'i TO ~E S~D POINT OF CONTAINING 0.714 A~ES OF ~O, M~E OR SKETCH AND DESCR'IPTION SECTION 10, TOWI~/SI-IIP 49 SOUTH, RANGE 25 EAST COLtJER COUNTY. FI. QRIDA --'Iff LOT m LOT 8 // LOT 7 LOT 6 L --- ChMd m NO31~'OioL S~CTiON ! 0 II 0--4 OJ~ %070, PG. 1442 CP.INI-r ~ COMMONS P.U.D.) GR.APH'~. C SCALE // !1 PIN£ RIDC, E RO,,'~ 4. NOT vA~m v#mmwr ~ a (~.~. PG. P.C.P. FIARDE:L. -~ I r.~Q R -- ?Lao' L ~ 1~.7 K1· Ten -- L~LII' DM'" .,~' 13',4~'0t' PERPETUAL, NON- ID(CLUSlVE SLOPE AND UTILITY EASEMENT. ~CA~ ~Y ~D HA~G A R~US OF 5601.84 ~, A C~ ~ OF 00~B'39' RUN N~LY ~ONO ~O CUR~ ~ ~C O~ OF 30.87 ~ TO ~ ~N~C~ON ~ ~ ~R~ C~ TO ~E N~~T ~D ~NG A R~IUS ~ 7~OO NOR~[~y ~D HA~NG A R~US ~ BO.~ ~, A C~ AN~ ~ ~3'~2~ ~D POINT O~ BE~NNING. CONT~NI~G O,O0~ A~ GE ~D. ~O~ ~ L~SS. SKETCH AND DESCRIPTION SECTION 10o TOWNSHIP 49 SOUTH, RANGE 25 EAST COLUE:R COUNTY, FLORIDA ./ (~___~' G--,4 PAR~IP NOTE~.. '/ COMMONS P.U.D.) // PAi~nEL ? 1. Cl Ber~'3r'l~ TEMPOF~d~¥ C~ONSTRUC~ION E~EMENT (DUF~TION: 3 YE~8 FI=IOIH COMMENCEMENT PINE RIDGE ROAD. (COUNTY ROAD NO. FE3 2 5 "~', ' Pg. __~;~ SKETCH AND DESCRIPTION SECTION 10, TOWNb'~IIP 48 SOUTH, RANGIE 25 EAST' COLUER COUNTY, FLORIDA J -.,. 'D IL. DESCI~PTION= PARCEl. 710 A PARCEL OF LAND U3CA[I:.I~I IN ~ 10. TO~P 4g ~. RAN~ ~ ~T. C~ UNE ~ ~ ~D~ R~ (~ ~0/~ N~ ~8~~ RUN A~ ~ ~Y ~T--~--WAY ~ A DIe. CE ~ 103.B7 ~1 ~EHC; RUN N~ ~~ ~ A ~T~ ~ 41.72 ~T TO ~ P~NT ~ BE~NNIN~ ~ RUN NO~ 1~'21' ~, A DI~ ~ 10.00 ~ ~ C~ N~LY AND HA~NG A ~DIU$ OF 7~ ~O A ~O B~NO AND DI~ANCE OF SDU~ B3~B'2B' ~ST, 16.97 ~, R~EC~Y; ~ RUN ~S~LY ~ONG ~D ~R~, AN ARC Ol~ OF 17.01 ~ ~ ~E PO~T ~ T~G~CY ~ ~D OUR~ ~ RUN BOU~ BG'4B'3S' ~;' ~ RUN S~ ~51'24' ~T. A DIST~ ~ 1~00 ~; ~EN~ RUN NOR~ B0'4~36" ~ST, A DIBTAN~ oF SO. DO ~ ~ ~E P~ OF ~D A .~ORD B~IHG ~D DIe. CE O~ N~ ~'OB'2~' ~ 18.15 ~, RESPEC~Y; ~ RUN ~I'~Y ~ONG SAiD ~R~, ~ ARC DI~ OF 1L19 POSHT O~ ~;QINNING. CONTAINING ~018 A~ OF ~NO, M~E OR ~. TEN~OI=~RY OC)Nb-'TRUCTION F-.ASEMENI' (DURATION: 3 YEARlii FROM OOMMENO~71EI~rF OF ~ON~TRU~'I'ION) SKETCH AND DESCRIPTION SE~O."~ON 10, TOWNSHIP 4-g SOUTH. RAhI~.-,,E~ 25 EAST MATC~I UNE' (SJ-I££T dPS--~3) I ! I I II [ J.. 857+00 Il II ! M AT~J'~ UN[ , ! I I I I I I I / / I I II I ! .? FEB 2 5 EXECUTIVE SUMMARY Request by the Collier County Health Facilities Authority for approval of a resolution authorizing the Authority to issue refunding bonds to be used to refinance bonds issued in 1999 for Cleveland Clinic facilities. OBJECTIVE: To accomplish the necessary approvals to authorize a proposed refunding bond issue by the Collier County Health Facilities Authority to be used to refinance bonds issued in 1999 for Cleveland Clinic facilities. CONSIDERATIONS: The Health Facilities Authority has been requested by Cleveland Clinic Florida and Cleveland Clinic Florida Naples Hospital to issue its bonds to refinance bonds issued in 1999 for Cleveland Clinic facilities in Collier and Broward Counties. These facilities consist of the clinic and hospital facilities located on Pine Ridge Road at 1-75, and hospital and clinic facilities located in Weston in Broward County. Chapter 163, Florida Statutes authorizes an authority in one county to issue bonds on behalf of an authority in another county if they enter into an interlocal agreement. The Broward Authority authorized the Collier Authority to issue the 1999 bonds and has executed an interlocal agreement authorizing the Collier Authority to issue these refunding bonds. The purpose of the issue is to take advantage of current low interest rates to get better terms on outstanding debt. In this case, the security on the bonds will be strengthened by the issuance of letters of credit by a group of major banks and some of the over-all debt of the Cleveland Clinic Foundation will be converted to fixed rate debt, thus reducing interest rate risk. The Authority met on February 14, 2003 and considered the proposal. The meeting was noticed by publication in the Naples Daily News in the manner required by the Internal Revenue Code, and any comments of members of the public were considered. The Authority received an extensive oral and written presentation by the Borrowers. At the conclusion of the public hearing, the Authority made certain findings as set forth in the Resolution, determined to proceed with the bond issue, and adopted the attached Resolution to evidence this approval. Although by law the bonds are not debt or obligations of the County, federal tax law requires that the County Commission, as the local legislative body, must also approve the issuance of the tax- exempt bonds. This does not have to be a specially advertised hearing, but must be done at a regularly noticed and held meeting. A Resolution for the Board to adopt is attached. As are all revenue bonds of this type, the bonds are based on revenues of the Borrowers and are not obligations of the County, therefore there is no pledge of any taxes, nor a pledge of any revenues except the revenues of Cleveland Clinic Obligated Group. Neither the County, the Board, Pg-.. nor any officer of the County is liable for their payment. Further, the Resolution expressly provides that this approval by the Board does not abrogate any County regulations, including land use regulations. FISCAL IMPACT: This program does not require any contribution from the Board of County Commissioners or any other County agency. The bonds are not liabilities of the County, and the County is not liable for payment in any way. On the other hand, the issuance of bonds for health care facilities has a positive fiscal and social impact on the community, and the statutes authorizing the Authority to issue such bonds declare that such issuance is for a public purpose. As an example of the positive fiscal impact the Authority heard testimony that the Collier Facilities have created over 750 new jobs in Collier County. The Authority has checked with the County's Financial Advisor and has been advised that the bonds will have no adverse impact on the County's bonding capacity. GROWTH MANAGEMENT IMPACT: The adoption of the attached resolution will have no adverse gro~th management consequences. The Collier Facilities are located in the unincorporated area of the County and are subject to the LDC, the Growth Management Plan, and any applicable concurrency requirements. The Authority has checked with County Code Enforcement and there are no code violations outstanding. There will be a positive Growth Management impact in that strong and financially secure health care facilities are necessary to serve a growing population. RECOMMENDATION: The Board of County Commissioners adopt the attached Resolution. Pr~fi~ed by: ff~- / ~ 'D-~n~ld A. Piclk~'rt~, S~re'tary and Couhsel Collier County Health Facilities Authority Approved by: /] David C. Weigel, County fi,ttomey -2- RESOLUTION 03- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA APPROVING THE ISSUANCE AND SALE OF REVENUE BONDS BY THE COLLIER COUNTY HEALTH FACILITIES AUTHORITY, AS REQUIRED BY SECTION 147(f) OF THE INTERNAL REVENUE CODE, AS AMENDED; AND PROVIDING FOR OTHER RELATED MATTERS. WHEREAS, the Collier County Health Facilities Authority (the "Authority") is (i) a body corporate and politic and a special district of Collier County, Florida ("Collier County") created by Collier County Ordinance No. 79-95 duly adopted by the Board on November 20, 1979 pursuant to the Florida Health Facilities Authorities Law ( Part III of Chapter 154, Florida Statutes), as amended (the "Health Facilities Act"), (ii) a "public agency" as defined in Section 163.01, Florida Statutes, as amended, which is titled the "Florida Interlocal Cooperation Act of 1969" (the "Act", and (iii) a "health facilities authority" as defined in the Health Facilities Act, and a "local agency" under Section 159.27(4) of the Industrial Development Financing Act (Part II of Chapter 159, Florida Statutes), as amended (the "Industrial Act"), with the power to issue revenue bonds for the purposes of financing and refinancing a "project" as defined in the Health Facilities Act and the Industrial Act; and WHEREAS, Cleveland Clinic Florida (A Nonprofit Corporation), a Florida not for profit corporation, xvith certain facilities located within the boundaries of Collier and Broward Counties Florida, (the "Interlocal Borrower") and Cleveland Clinic Florida Naples Hospital Non Profit Corporation, a Florida not for profit corporation with facilities located within the boundaries of Collier County (collectively with the Interlocal Borrower, the "Borrowers"), have requested the Authority to issue its revenue bonds (the "Bonds") for the benefit of the Borrowers and to loan all or a portion of the proceeds thereof to the Borrowers to, among other things, (i) refund all or a portion of the outstanding principal amount of the $117,000,000 Collier County. Health Facilities Authority Hospital Revenue Bonds, Series 1999 (Cleveland Clinic Health System Obligated Group Guaranteed) and (ii) pay certain expenses incurred in connection with the issuance of the Bonds, including, without limitation, the cost of any credit enhancement or liquidity enhancement, if deemed necessary or desirable by the Borrowers, all as permitted by the Health Facilities Act or the Industrial Act; and WHEREAS, in order to accomplish economies of scale and other cost savings, to help reduce or control the costs of providing health care services in Collier County, and to strengthen or enhance the security on the Bonds, the Authority desires to assist the Borrowers by issuing the Bonds; and WHEREAS, in order to accomplish the purposes of the Act, the Authority will enter into an Interlocal Agreement (the "Interlocal Agreement") with the Broward County Health Facilities Authority (the "Broward Authority") to provide for the issuance by the Authority of its Bonds for the benefit of the Interlocal Borrower; and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), provides that the elected legislative body of the governmental unit which has jurisdiction over the area in which the facility financed with the proceeds of tax exempt bonds is located is to approve the issuance of such bonds after a public hearing; and WHEREAS, the Board of County Commissioners of Collier County, Florida (the "Board") is the elected legislative body of the County; and WHEREAS, the Authority caused notice of a public hearing (the "Notice") pursuant to and in accordance with the Code to consider approval of the Bonds and the location and nature of the project to be refinanced with the proceeds of the Bonds (the "Project") to be published on or before January 30, 2003, in the Naples Daily News a newspaper of general circulation in the County, and a copy of said notice being attached as Exhibit A to the Authority Resolution described herein; and WHEREAS, the Authority held a public hearing on February 14, 2003 pursuant to the Notice at which hearing the Authority. considered the application and presentation of the Borrows and the comments of members of the public, if any; and WHEREAS, at the conclusion of the hearing the Authority adopted its Resolution 2003-01 (the "Authority Resolution") a copy of which is attached as Exhibit A approving the financing, the issuance of the Bonds, the Interlocal Agreement with the Broward Authority, and recommending the Board of County Commissioners approve the issuance of the Bonds by the Authority in accordance with Section 147(0 of the Code; and WHEREAS, the Broward County Board of County Commissioners will approve the issuance of the Bonds with respect to those portions of the Project that are located within the boundaries of Broward County, Florida by its Proposed Resolution to be considered and adopted March 4, 2003, a copy of which is attached as Exhibit B; and WHEREAS, for the reasons set forth above, it appears to the Board that the approval of the issuance and sale of such Bonds as required by Section 147(f) of the Code is in the best interests of Collier County; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: FEB 2 Section 1. Approval of Issuance of the Bonds. Pursuant to Section 147(0 of the Code, the Board hereby approves the issuance of the Bonds by the Authority for the purposes described in the Notice. The Bonds shall be issued in such aggregate principal amount, bear interest at such rates, mature in such amounts and be subject to such optional and mandatory redemptions as are approved by the Collier Authority without the further approval of this Board. The Bonds shall not constitute a debt liability or obligation of Collier County, Broward County, their respective Boards of County Commissioners, officers, agents or employees, or the State of Florida or any political subdivision thereof, but shall be payable solely from the revenues provided therefor, and neither the faith and credit nor any taxing power of Collier County, Broward Count, or the State of Florida or any political subdivision thereof is pledged to the payment of the principal of, premium, if any, and interest on the Bonds. No member of the Board of County, Commissioners of Collier or Broward County or any officer of either shall be liable personally on the Bonds by reason of their issuance. This approval shall in no way be deemed to abrogate any regulations of Collier County and that portion of the Project located in Collier County contemplated by this Resolution shall be subject to all such regulations, including, but not limited to, the Collier County Growth Management Plan and all concurrency requirements contained therein and the Collier County Land Development Code. Section 2. Severability. If any section, paragraph, clause or provision of this Resolution shall be held to be invalid or ineffective for any reason, the remainder of this Resolution shall continue in full force and effect, it being expressly hereby found and declared that the remainder of this Resolution could have been adopted despite the invalidity or ineffectiveness of such section, paragraph, clause or provision. Section 3. Effective Date. This Resolution shall take effect immediately upon its adoption, and any provisions of any previous resolutions in conflict with the provisions hereof are hereby superseded. PASSED and Adopted this 25th day of February, 2003. CHI-1336270vl ATTEST: Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA BY ITS BOARD OF COUNTY' COMMISSIONERS By: Deputy Clerk Tom Henning, Chairman Approved as to form and legal sufficiency: David C. Weigel, County Attomey CHl-1336270vl 4 Draft 2-11-03 RESOLUTION NO. 2003-01 A.N INDUCEMENT RESOLUTION OF THE COLLIER COUNTY HEALTH FACILITIES AUTHORITY REGARDING THE OFFICIAL ACTION OF THE AUTHORITY WITH RESPECT TO THE PROPOSED ISSUANCE BY THE AUTHORITY OF ITS COLLIER COUNTY HEALTH FACILITIES AUTHORITY REVENUE BONDS (CLEVELAND CLINIC HEALTH SYSTEM OBLIGATED GROUP) SERIES 2003 IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $125,000,000 FOR THE PRINCIPAL PURPOSE OF REFUNDING ALL OR A PORTION OF THE OUTSTANDING PRINCIPAL AMOUNT OF THE AUTHORITY'S HOSPITAL REVENUE BONDS, SERIES 1999 (CLEVELAND CLINIC HEALTH SYSTEM OBLIGATED GROUP) AND TO PAY CERTAIN COSTS INCURRED OR TO BE INCURRED IN CONNECTION WITH THE ISSUANCE OF THE BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF A PRELIMINARY AGREEMENT BETWEEN THE AUTHORITY AND THE BORROWERS; RECOMMENDING THAT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, AS THE ELECTED LEGISLATIVE BODY OF THE COUNTY APPROVE THE ISSUANCE OF THE BONDS PURSUANT TO SECTION 147 (f) OF THE INTERNAL REVENUE CODE; AND PROVIDING FOR RELATED MATTERS. WHEREAS, Cleveland Clinic Florida (A Nonprofit Corporation) ("CCF Florida") and Cleveland Clinic Florida Hospital Naples Nonprofit Corporation ("CCF Naples" and, together with CCF Florida, the "Borrowers"), each a Florida not-for-profit, nonstock membership corporation have applied to the Collier County Health Facilities Authority (the "Authority") to issue a series of its revenue bonds to be designated as Collier County Health Facilities Authority Revenue Bonds (Cleveland Clinic Health System Obligated Group) Series 2003 in an Aggregate principal amount not to exceed $125,000,000 (the" Bonds") to be used to (i) refund all or a portion of the outstanding principal amount of the $117,000,000 Collier County Health Facilities Authority Hospital Revenue Bonds, Series 1999 (Cleveland Clinic Health System Obligated Group Guaranteed) (the "Prior Bonds"), the proceeds of which were originally used to pay or reimburse the Borrowers for the payment of, or to refinance certain prior indebtedness the proceeds of which were used to pay, costs of acquiring, constructing, renovating, rehabilitating and equipping certain healthcare facilities _ FE2 2 5 2323 EXHIBIT A TO BCC RESOLUTION vg. -7 (the "Project"), and (ii) pay certain costs incurred in connection with the issuance of the Bonds; and WH.EREAS, the Borrowers have requested that the Authority loan the proceeds of the Bonds to the Borrowers pursuant to Chapter 154, Part III, Florida Statutes, or such other provision or provisions of Florida law as the Authority may determine advisable (the "Act") in order to accomplish the foregoing purposes; and WHEREAS, the issuance of the Bonds and the loaning of the proceeds thereof to the Borrowers under loan agreements or other financing agreements, and pursuant to the terms thereof which will provide that payments thereunder be at least sufficient to pay the principal of and interest and redemption premium, if any, on such Bonds and such other costs in connection there~vith as may be incurred by the Authority, ~vill assist the Borrowers and promote the public purposes provided in the Act; and WHEREAS, in order to satisfy certain of the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), the Authori~, did on the date hereof hold a public hearing (the "Hearing") on the proposed issuance of the Bonds for the purposes herein stated, xvhich date is more than 14 days following the first publication of notice of such public hearing in a newspaper of general circulation in Collier County. and which public hearing was conducted in a manner that provided a reasonable opportunity for persons with differing views to be heard, both orally and in writing, on the issuance of the Bonds and the location and nature of the Project, as more particularly described in the notice of public hearing attached hereto as Exhibit A; and WHEREAS, it is intended that this Resolution shall constitute official action toward the issuance of the Bonds within the meaning of the applicable United States Treasuo' Regulations in addition to any other action that may have heretofore been taken by the Borrowers; NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY HEALTH FACILITIES AUTHORITY, THAT: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to the provisions of the Act and other applicable provisions of law. SECTION 2. PRELIMINARY STATEMENT. This Resolution is entered into to permit the Borrowers to proceed with the financing and to provide an expression of intention by the Authority, prior to the issuance of the Bonds, to issue and sell the Bonds and make the proceeds thereof available for such purposes, all in accordance with and subject to 2 the provisions of the Act, the Constitution and other laws of the State of Florida and the laws of the United States of America, including the Code, and this Resolution. SECTION 3. FINDINGS AND DETERMINATIONS. A,t the hearing, the Authority heard and considered both oral and written presentations by the Borrowers, written evidence provided by Borrowers in advance of the Hearing, and comments of members of the public, if any. The Borrowers were represented at the Hearing by employees of the Borrowers' organization and consultants retained by the Borrowers, all of whom had personal knowledge of the matters about which they testified. The Authority had opportunity to direct inquiries to all individuals present, and members of the public were afforded the opportunity to direct questions to the Authority for response by the Borrowers. Based upon the evidence and testimony presented, the Authority finds as follows: A. In 1999 the Authority issued the Prior Bonds in order to permit the financing by Borrowers of the acquisition, construction, and equipping of certain health care facilities (the "Facilities") in Collier County, Florida (the "Collie. r Facilities") and Broward County,, Florida (the "Broward Facilities") described as follows: 1. The Collier Facilities consist of hospital and clinic facilities located at 6101 Pine Ridge Road, Naples, Florida 34112 and include the following: a. The Collier Hospital Facilities, consisting of a three-story concrete structure of approximately 31,620 square feet to be used for diagnosis and testing, and related equipment, and a four-story concrete structure of approximately 165,700 square feet to provide medical/surgical bed space, and related equipment; b. The Collier Clinic Facilities, consisting of a five-story concrete structure of approximately 174,220 square feet and related equipment; 2. The Broward Facilities consist of Clinic facilities located in Broward County, Florida and include the following: a. The Cypress Creek Facilities, located at 3000 West Cypress Creek Road, Ft. Lauderdale, Florida 33309 and consisting of a clinic; b. The Weston Facilities, located at 3100 Weston Road, Weston, Florida 33326 and consisting of a five-story steel frame structure of approximately 190,417 square feet and related equipment; B. The portion of the Prior Bonds for the Broward Facilities were issued by the Authority pursuant to an Interlocal Agreement between the Authority and the Broward County Health Facilities Authority. C. Subsequent to the issuance of the Prior Bonds, the Facilities have been constructed and equipped (or acquired and renovated, as appropriate) and are being operated by the respective Borrowers. D. The Collier Facilities have enhanced the health, safety, and welfare of the residents of Collier County and the State of Florida by the following: 1. The Collier Facilities have expanded the health care facilities and health care choices available to the public; 2. The need for such facilities was evidenced by the issuance of a Certificate of Need by the State of Florida Agency for Health Care Administration, and other state-issued licenses; 3. The Facilities have made available to the public in Collier Count' and the Southwest Florida area three accredited residency programs (Internal Medicine, Neurology, and Colorectal SurgeD'). 4. The Borrowers have enhanced medical care for the economically disadvantaged by the following communi~'-related programs: a. Since January, 1999, Florida Clinic has employed and otherwise financially supported the placement of one full-time physician at the Isabel Collier Reed Outpatient Center in Immokalee. b. Florida Clinic provides nursing and physician volunteers to the Neighborhood Health Clinic. c. Florida Clinic is working with Collier Health Services, Inc., Moorings Park, and the Lorenzo Walker Vocational School in the development and funding for an LPN program in Immokalee. d. Florida Clinic is the only Medipass participant in the area. 5. The Collier Facilities have created over 750 nexvjobs in Collier County. E. The Borroxvers are non-profit corporations whose sole member is the Cleveland Clinic Foundation. The Cleveland Clinic Foundation was established in 1921 and has been recognized as one of the leading healthcare providers worldwide. In a recent survey of hospitals, the Foundation was ranked third overall nalionally, and first in heart and heart surgery, and in the top five in six other specialties including urology, digestive disorders, kidney disease, neurology and neurosurgery, orthopedics and rheumatology. Fo The Prior Bonds carry an investment grade rating by a nationally recognized rating agency. G. The Prior Bonds are not in default. H. The purpose of issuing the Bonds is to refund the Prior Bonds and to provide for additional capital expenditures of approximately $9.4 million for the Broward Facilities. I. The primary, benefit to.the public from the issuance of the Bonds is a more secure debt structure and enhanced financial strength as follows: 1. The Bonds will be secured and enhanced by the issuance of letters of credit by certain banks, currently projected to be JPMorgan Chase Bank and Bank of America, N.A. or UBS AG. The unenhanced and unsecured credit rating of the Obligated Group is A1 (Moody's) and A+ (Standard & Poor's). With the letters of credit, it is anticipated the Bonds will have a rating of . 2. The Bonds are being issued as part of an over-all refinancing of the debt structure of the Obligated Group which will reduce interest rate risk by reducing the amount of variable rate debt, taking advantage of currently low interest rates. All members of the Obligated Group, including the Borrowers, will benefit from the reduced risk. 3. The average life of Obligated Group's indebtedness is being extended to better equalize and match debt service and asset lives. J. The Bonds will be payable from revenues of the Borrowers and other members of the Obligated Group and other payments as described in the financing documents and will be secured by letters of credit. The Borrowers presented evidence to demonstrate that the revenues and other payments pledged to the payment of the Bonds will be sufficient to make the payments required by the Bonds. K. The Bonds will carry and investment grade rating from a nationally recognized rating agency. 5 L. The issuance of the Bonds, which includes bonds to refund portions of the Prior Bonds that were issued on account of the Broward Facilities, has been approved by an interlocal agreement between the Broward County Health Facilities Authority and the Authority. M. The Bonds will not be a debt or obligation of Collier County, Broward County, any municipality within either County, the State of Florida or any agency thereof, and will be payable solely from revenues and other payments related to the Facilities, and adequate provisions have been made to inform investors of those facts. N. The Collier Facilities are located in the unincorporated area of Collier County and xvere constructed in accordance with applicable Collier County codes and regulations. There are no pending or alleged violations of County regulations. SECTION 4. APPROVAL OF THE FINANCING. This financing by the Authority through the issuance of the Bonds, pursuant to the Act, will promote the economic development, prosperity, health and welfare of the citizens of Collier County, will promote the general economic structure of Collier County, and will thereby serve the public purposes of t~e Act and is hereby preliminarily approved, subject, however, in all respects to the Borrowers meeting the conditions set forth in this Resolution to the sole satisfaction of the Authority. SECTION 5. AUTHORIZATION OF THE BONDS. There is hereby authorized to be issued and the Authority hereby determines to issue the Bonds, subject in all respects to the conditions set forth in this Resolution. The rate of interest payable on the Bonds shall not exceed the maximum rate permitted by law. SECTION 6. AUTHORIZATION OF EXECUTION AND DELIVERY OF THE INTERLOCAL AGREEMENT. The Interlocal Agreement between the Authority and the Broward County Health Facilities Authority (the "Interlocal Agreement"), which shall be in substantially the form thereof attached hereto and marked "Exhibit B" is hereby approved. The Chairman is authorized to execute and deliver the Interlocal A~,reement, including such changes therein as shall be approved by the Chairman executing th~ same, with such execution to constitute conclusive evidence of such officer's approval and the Authority's approval of any changes therein from the form of Interlocal Agreement attached hereto. SECTION 7. CONDITIONS OF APPROVAL. The approval of the financing and the authorization of the Bonds set forth herein is expressly conditioned on the following: A. The loan agreements, trust indentures, and other financing documents (collectively, the "Financing Agreen~ents") between the Authority and the Borrowers shall, under terms agreed upon by the parties, provide for payments to be made by the Borrowers in such sums as shall be necessary to pay the amounts required under the Act, including the principal of and interest and redemption premium, if any, on the Bonds, as and when the same shall become due and payable. B. In authorizing any issuance of the Bonds pursuant to this Agreement, the Authority will make no warranty, either expressed or implied, that the proceeds of the Bonds will be sufficient to pay all costs of refunding the Prior Bonds or paying the costs of issuance of the Bonds. C. The Bonds shall specifically provide that they are payable solely from the revenues derived fi. om the Financing Agreements or other agreements approved by the Authority. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit of Collier CounD', Broward County., the State of Florida or an3' political subdivision or agency thereof, and such fact shall be plainly stated on the face of each of the Bonds. D. Issuance of the Bonds by the Authority shall be contingent upon (I) satisfaction of all of the provisions hereof and all provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and the regulations promulgated thereunder, including the abilitx,' of and desirability by the Authority. to issue the Bonds for the purposes set forth, (ii~ the approval of the issuance of the Bonds by the Broward County Health Facilities Authority and (iii) the approval by the Board of County Commissioners of Collier County. in accordance with the provisions of Section 147(f) of the Code. E. The Borroxvers shall pay the fees of the Authority, Issuer's Counsel, and Bond Counsel and all of the out-of-pocket expenses of officials and representatives of the Authority incurred in connection with the issuance of the Bonds. F. Nothing contained herein shall be construed to create a binding commitment by the Authority to issue the Bonds until such time, if ever, as the Authority shall grant its final approval for the issuance of the Bonds and the final terms and provisions of the Financing Agreements. By execution hereof, the Borrowers agree that the Authority may withhold its final approval of the issuance of the Bonds in its sole discretion and shall not incur any liability whatsoever as a result of it not granting any such approval notwithstanding any other provision hereof. 7 SECTION $. RECOMMENDATION FOR APPROVAL BY BOARD OF COUNTY COMMISSIONERS. This Resolution shall constitute a recommendation to the Board of County. Commissioners of Collier County for approval of the Bonds pursuant to Section 147 (f) of the Code. The Chairman and General Counsel of the Authority are hereby authorized to present this resolution at a regular meeting of the Board o£ County Commissioners and to request a resolution of approval for the issuance of the Bonds. SECTION 9. OFFICIAL ACTION. This resolution is an official action of the Authority toward the issuance of the Bonds, in accordance with the purposes of the laxvs of the State of Florida and the applicable United States Treasury Regulations. SECTION 10. LIMITED APPROVAL. The approval given herein shall not be construed as an approval or endorsement of approval of any rezoning or other land use applications, if any, nor for any other regulatory permits relating to the Project and the Authority shall not be construed by reason of its adoption of this resolution to have waived any right of Collier Count' or to have estopped Collier County. from asserting any rights or responsibilities it may have in that regard. SECTION 11. GENERAL AUTHORIZATION. The Chairman and the other officers of the Authority are hereby further authorized to proceed with the undertakings provided herein on the part of the Authority and are further authorized to take such steps and actions as mav be required or necessary in order to cause the Authoritv to issue the Bonds subject in all respects to the terms and conditions set forth in this Resolution. SECTION 12. immediately. EFFECTIVE DATE. This Resolution shall take effect ADOPTED this 14th day of February, 2003. (SEAL) COLLIER COUNTY HEALTH FACILITIES AUTHORITY 8 ATTEST: Chairman Secretary EXHIBIT A TO RESOLUTION AFFIDAVIT OF PUBLICATION OF NOTICE OF PUBLIC HEARING A-1 NapLes Dst ty ~pLes, FL ~1102 Affidavit of PubLicati~ NapLes D·iLy N~s P1CIOJORTH, DONALD P.A. 5150 TJUqIAJ4! TRL N //602 NAPLES FL 3/,103 'k REFERENCE: 01078~ 58S96061 NOT%CE OF SPECZAL HE St·ts of FLorid· County of CoLLier Before the undersigned authority, per~.a. LLy . appeared B. Lash, ~ho on oath says that ~e,sarve. · s Assistant Corporate Secretary of the NapLes DaiLy Ne~s, · daily newspaper published ·t NapLes, in CoLLier County, FLorida: that the att·chad copy of advertising ~as published in said ne~sdaper on dates Listed. Affiant further says that the said NapLes DaiLy Ne~· is · newspaper published at NapLes, in said CoLLier County, FLorid·, end that the said ne~spapor has heretofore been continuously published in said CoLLier Catty, FLorida, oath day ·nd has been entered es second eL·ss MiL ·atter ·t the post office in NapLes, in said CoLLier County, FLorida, for · period of I year nest preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor proeised ·ny person, firl or corporation any discount, rebate, coeaission or refund for the purpose of securing this edYertiseeent for pubLiction in the said nevspaper. PUBLZSHED ON: EXHIBIT A TO AUTHORITY RESOLUTION INTERLOCAL AGREEMENT THiS iS AN INTERLOCAL AGREEMENT, dated as of ,2003 (the "Agreement"), by and between the COLLIER COUNTY HEALTH FACILITIES AUTHORITY (the "Issuer"), a public body corporate and politic duly created and existing under the laws and Constitution of the State of Florida, and the BROWARD COUNTY HEALTH FACILITIES AUTHORITY (the "Interlocal Participant"), a public body corporate and politic created and existing under the laws and the Constitution of the State of Florida. RECITALS Pursuant to the Florida Interlocal Cooperation Act of 1969, Section 163.01, Part I, Chapter 163, Florida Statutes, as amended (the "Interlocal Cooperation Act"), "public agencies," as defined in the Interlocal Cooperation Act, are authorized to enter into agreements with one another in order to make the most efficient use of their powers by enabling them to cooperate ~vith other localities on a basis of mutual advantage and'thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities. The Interlocal Cooperation Act provides that a public agency may, pursuant to contract, exercise jointly with any other public agency any power, privilege or authority which such public agencies share in common which each might exercise separately. Pursuant to the Health Facilities Authorities Laxv (Part III, Chapter 154, Florida Statutes), as amended (the "Health Authorities Act"), and to the Florida Industrial Development Financing Act (Part II, Chapter 159, Florida Statutes), as amended (the "Industrial Development Act" and, together with the Health Authorities Act, the "Financing Acts"), the Issuer and the Interlocal Participant are authorized to issue revenue bonds and loan the proceeds thereof to qualified borroxvers to, among other things, pay all or any part of the "costs" of any "project" (both as defined in the respective Financing Acts). The Issuer and the Interlocal Participant are public agencies and desire to enter into this Agreement to authorize the Issuer to issue one or more series of revenue bonds (the "Bonds") on behalf of and with the approval of the Interlocal Participant and loan the proceeds thereof to, among others, Cleveland Clinic Florida (A Nonprofit Corporation) (the "Interlocal Borrower"), which is a Florida not for profit corporation with certain facilities located outside the geographical boundaries of Collier County, Florida, but within the geographical boundaries of Broward County, Florida, for the purposes of providing funds to, among other things, (i) current refund all or a portion of the outstanding principal amount of the Issuer's $117,000,000 Hospital Revenue Bonds, Series 1999 (Cleveland Clinic Health System Obligated Group Guaranteed) (the "Prior Bonds"), and (ii) pay certain expenses incurred in connection with the issuance of the Bonds, including, without limitation, the cost of any credit enhancement or liquidity enhancement if deemed necessary or desirable by the Interlocal Borrower. The proceeds of the Prior Bonds were used to (i) pay or reimburse the lnterlocal Bo,rrower for EXHIBIT B TO AUTHORITY ! '--" 2" RESOLUTION the payment of, or to refinance certain prior debt the proceeds of which were used to pay, costs of acquiring, constructing, renovating, rehabilitating and equipping of certain healthcare facilities operated by the Interlocal Borrower and located at 3100 Weston Road, Weston, Florida 33326 and 3000 W. Cypress Creek Road, Ft. Lauderdale, Florida 33309 and facilities operated by the Interlocal Borrower and one of its affiliates and located at 6101 Pine Ridge Road, [Naples, Florida 34122]; and (ii) pay certain expenses incurred in connection'with the issuance of the Prior Bonds, including the cost of any credit enhancement or liquidity enhancement, if deemed necessary or desirable by the Interlocal Borrower. In consideration of the mutual agreements contained herein and upon the further consideration of the recitals hereinabove set forth, it is hereby agreed by and between the parties hereto as follows: Section 1. Definitions. Unless the context otherwise requires, the following terms for all purposes of this Agreement shall have the following meanings: "4cts" means the Financing Acts and the Interlocal Cooperation Act. ".-ldministrator" means the administrator appointed pursuant to Section 4(c) hereof. ".4greement" means this Interlocal Agreement and all amendments and supplements thereto. "Bond Indenture" means each of the Bond Trust Indentures between the Issuer and the Bond Trustee pursuant to which the Bonds are to be issued, and all amendments and supplements thereto, including any indenture pursuant to which a series of revenue bonds is issued to provide for the refunding or refinancing of the Bonds. "Bonds" means the revenue bonds issued in one or more series by the Issuer, in part, on behalf of the Interlocal Participant for the benefit of the Interlocal Borrower under the Bond Indenture. "Bond D'ustee" means the bond trustee selected by the Interlocal Borrower and approved by the Issuer, or any successor trustee under the Bond Indenture. "Financing Acts" means the Health Authorities Act and the Industrial Development Act. "Health Authorities Act" means the Health Facilities Authorities Law (Part III, Chapter 154, Florida Statutes), as amended. "Industrial Development Act" means the Florida Industrial Development Financing Act (Part II, Chapter 159, Florida Statutes), as amended. "Interlocal Borrower" means Cleveland Clinic Florida (A Nonprofit Corporation), a Florida not for profit corporation, and its successors and assigns. Cit1-1335583v2 "Interlocal Cooperation Act" means the Florida Interlocal Cooperation Act of 1969 (Section 163.01, Part I, Chapter 163, Florida Statutes), as amended. ' : 2 ~ "Interlocal Participant" means the Broward County Health Facilities Authority and its successors and assigns. .~ "Issuer" means the Collier County Health Facilities Authority, and its successors and assigns, as issuer of the Bonds. "Loan" means the loan to be made by the Issuer to the Interlocal Borrower to, among other things, (i) current refund all or a portion of the outstanding principal amount of the Issuer's $117,000,000 Hospital Revenue Bonds, Series 1999 (Cleveland Clinic Health System Obligated Group Guaranteed) (the "Prior Bonds"), and (ii) pay certain expenses incurred in connection with the issuance of the Bonds, including, without limitation, the cost of any credit enhancement or liquidity enhancement if deemed necessary or desirable by the Interlocal Borrower. "Loan Agreement" means each of the Loan Agreements between the Issuer and, among others, the Interlocal Borrower, setting forth the terms of the Loan, and all amendments and supplements thereto, including any loan agreement evidencing a loan to the Interlocal Borrower the proceeds of which will be used to refund or refinance the Bonds. "Master .Vote" means each of the Master Notes of the Interlocal Borrower or an affiliate or affiliates thereof or any combination of the foregoing, delivered to the Bond Trustee in order to evidence or secure the obligation of the Interlocal Borrower to pay an amount sufficient to amortize the Loan. "Prior Bonds" means the Issuer's $117,000,000 Hospital Revenue Bonds, Series 1999 (Cleveland Clinic Health System Obligated Group Guaranteed). "Resolution" means a resolution of the governing body of a party, hereto adopted for the purpose of approving and authorizing the execution of this Agreement or any amendment hereto, or approving any action taken pursuant to this Agreement when such approval is required hereby. Terms defined in this Section in the singular shall include the plural and vice versa. Section 2. Purposes. In order to assist in the development and maintenance of the public health, to accomplish economies of scale and other cost savings, and to reduce the cost of providing health care services, this Agreement is entered into pursuant to the authority granted in the Acts for the purposes of providing for (A) the issuance of the Bonds by the Issuer on behalf of and with the approval of, among others, the Interlocal Participant for the benefit of the Interlocal Borrower in order, among other things, to make the Loan to the Interlocal Borrower to, among other things, (i) current refund the Prior Bonds, and (ii) pay certain expenses incurred in connection with the issuance of the Bonds, including, without limitation, the cost of any credit enhancement or liquidity enhancement if deemed necessary or desirable by the Interlocal Borrower and 03) the issuance of any future revenue bonds by the Issuer for the benefit of the Interlocal Borrower in order to make a loan to the Interlocal Borrower to refinance or refund the Bonds and pay expenses related thereto. This Agreement shall be interpreted so as to permit the realization of such purposes to the full extent authorized by the Acts. Section 3. Effective Date; Closing Conditions; Duration. This Agreement shall become effective and shall enter into force, within the meaning of the Interlocal Cooperation Act, upon receipt by the Administrator bf (i) the Resolutions duly adopted by the governing body of the Issuer and of the Interlocal Participant, respectively, approving and authorizing the execution and delivery of this Agreement, (ii) a counterpart of this Agreement, duly executed by authorized officers of the Issuer and the Interlocal Participant; and (iii) evidence satisfactory to the Administrator of the filing of a duly executed counterpart of this Agreement with the Clerk of the Circuit Court of Collier County, Florida and in the Public Records of Broward County, Florida in the County Records Division. The issuance of the Bonds shall be subject to the receipt by the Administrator of (i) the documents and showings listed in clauses (i) through (iii) above, (ii) an opinion of counsel to the Interlocal Participant in substantially the form attached hereto as Exhibit A, and (iii) such other documents, opinions and sho~vings as may be necessary to effectuate the issuance of the Bonds and the making of the Loan. The term of this Agreement shall end upon the discharge of the Bond Indenture in accordance with the provisions thereof. Upon the expiration of this Agreement, any property, or moneys not required to be used to pay principal, premium, if any, or interest on the Bonds and not otherwise required to be applied as required by the Bond Indenture shall, to tile extent permitted by law, be distributed pro rata between the Interlocal Borrower and the other parties to whom loans were made from proceeds of the Bonds. Section 4. The Interlocal Financing. The Issuer shall issue the Bonds subject to the following conditions: (a) The Bonds. (i) The Issuer shall authorize the issuance and delivery, of the Bonds pursuant to and subject to the terms and conditions of the Bond Indenture, the portion of which shall be attributable to the Loan being in an aggregate principal amount not to exceed $ The Bonds shall be rated and shall bear interest, be subject to repurchase and redemption, be designated and be in the form, and have such other terms as are provided in the Bond Indenture, as finally executed and delivered by the Issuer xvithout further approval of the Interlocal Participant, but subject in all respects to the provisions set forth in the Issuer Resolution. (ii) In the event that the Bonds are to be refunded at a future date through an issuance, by the Issuer or other issuing body, of one or more series of bonds, such Bonds can be refunded without the prior approval of the Interlocal Participant. (iii) The Bonds, together with interest thereon, shall not constitute a debt, liability or obligation of Broward County, Florida, Collier County, Florida, the State of Florida or any political subdivision or agency thereof, but shall be special and limited obligations of the Issuer payable solely from, and shall be secured by, to the extent and in the manner provided in the Bond Indenture, a pledge to the Bond Trustee of the rights of the Issuer under the Master Note and the Loan Agreement and the amounts in the funds and accounts created by the Bond Indenture. The Interlocal Participant, the Issuer (except to the extent provided in the CHl-1335583v2 preceding sentence), Broward County, 4 Florida, Collier County, Florida,and. their._ respective members, officers, agents and employees shall not be liable for the payment of the principal of, premium, if any, or interest on the Bonds, nor shall the Interlocal Participant, the Issuer (except to the extent provided in the preceding sentence), Broward County, Florida, Collier County} Florida, or their respective members, officers, agents and employees, be liable for any other indebtedness or liability which may arise in connection with the issuance of the Bonds or the making of the Loan. (iv) The proceeds of the sale of the Bonds shall be applied in accordance with the provisions of the Bond Indenture for the purposes specified in the Bond Indenture and in Section 2 hereof. (v) The Bonds may be issued in one or more series and, if issued in more than one series, references herein to the Bond Indenture, the Loan Agreement and the Master Note shall be deemed to include, if necessary, any supplemental or additional Bond Indentures or Loan Agreements and any additional Master Notes executed and delivered in connection with the issuance of the Bonds. (vi) The Interlocal Borrower shall agree to pay any amounts oxving on the Bonds pursuant to the provisions of Section 148(0 of the Internal Revenue Code of 1986, as amended. (vii) The Interlocal Borrower shall agree in the Loan Agreement to protect, indemnify' and save the Issuer, the Interlocal Participant, Broward Count3', Florida and Collier C~unty, Florida, their members, officers, agents and employees against and from any and all liabilities, suits, actions, claims, demands, damages, losses, expenses and costs of every kind and nature incurred by or asserted or imposed against the Issuer, the Interlocal Participant. Broward County., Florida or Collier County, Florida, their members, officers, agents and'employees which may arise in connection with the issuance of the Bonds or the making of the l_oan. (b) The Loan. (i) Pursuant to and subject to the terms and conditions of the Bond Indenture, the Issuer is hereby authorized to make available to the Interlocal Borrower proceeds of the Bonds to be used by the Interlocal Borrower for the purposes set forth in Section 2 without further approval of the Interlocal Participant. (ii) The Loan Agreement shall provide for payments sufficient to pay expenses incident to the issuance of the Bonds and any costs and expenses of the Interlocal Participant and its counsel. It is understood that the Interlocal Participant and the Interlocal Borrower have determined that such agreement to pay expenses and costs of the Interlocal Participant and of Broward County, Florida shall be satisfied by the agreement of the Interlocal Borrower in the Loan Agreement to pay to the Interlocal Participant: (i) on the date of delivery of the Bonds, an amount equal to the product obtained by multiplying the original principal amount of the Bonds attributable to facilities located in Broward County, Florida times .0005; and (ii) on each annual anniversary date of such delivery, an an~::ou~,t e..qu_a_!.t0the CHl-1335583v2 product obtained by multiplying the principal amount of Bonds attributable to facilities located in Broward County, Florida which were outstanding on the anniversary date times .0005. The Interlocal Participant and the Interlocal Borrower further agree that: (1) if the · Interlocal Participant adopts a fee or similar schedule for executing Interlocal Participation Agreements which if applied to the Bonds would result in a lower amount being payable to the Interiocal Participant by the Interlocal Borrower than under the agreement herein referred to, the lnterlocal Borrower's payment obligation referred to above shall be reduced to such lower level; and (2)if the Interlocal Participant fails to adopt such a fee schedule by or ceases using any such fee schedule which it adopted by ..., the Interlocal Borrower shall have no obligation or further obligation, as the case may be, to pay the amounts hereinabove referred to in subsection (ii). (c) Administrator. Pursuant to Section 163.01(6) of the Interlocal Cooperation Act, the Issuer is hereby desi~,nated the Administrator. The Administrator shall have and is hereby delegated full power and authority to do all things necessary or convenient to can3.' out th~ purposes of this A~reement. including, without limitation, the appointment of such agents or entities as are necessary or desirable to effectuate the issuance of the Bonds and the making of the Loan. Section 5. Amendments. This Agreement may not be amended, changed, modified or altered except by an instrument in writing which shall be (i) approved by a Resolution of the governing body of the Issuer and of the Interlocal Participant, (ii)executed by duly authorized officers of the Issuer and the Interlocal Participant, and (iii) filed with the Clerk of the Circuit Court of Collier Count.',', Florida and in the public records of Broward Count3.', Florida in the County. Records Division. Section 6. Severability. If any term or provision of this Agreement or the application thereof shall to any extent be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to circumstances other than those xvith respect to which it is invalid or unenforceable, shall not be affected thereby, and shall be enforced to the extent permitted by law. To the extent permitted by applicable law, the parties hereby waive any provision of law which would render any of the terms of this Agreement unenforceable. Section 7. Governing Lcnv. All questions with respect to the construction of this Agreement, and the rights and liabilities of the parties hereto, shall be governed by the laws of the State of Florida. Section 8. Notices. Any notice or other communication shall be sufficiently given and shall be deemed given when delivered or mailed by registered or certified mail, postage prepaid, addressed as follows: C}t1-1335583¥2 6 If to the Issuer: Collier County Health Facilities Authority C/O Clerk of the Board of COunty Commissioners Collier County Courthouse, Bldg. F 3301 E. Tamiami Trail Naples, Florida 34112 If to the Interlocal Participant: Broward County Health Facilities Authority 115 South Andrew Avenue Suite 513 Ft. Lauderdale, Florida 33301 In each case with a copy to: Collier County, Florida Clerk of the Circuit Court Attn: Clerk of the Board Collier County Courthouse, Bldg. F 3301 E. Tamiami Trail Naples, Florida 34112 and a copy to: Donald A. Pickworth, PA Suite 602, Newgate Tower 5150 North Tamiami Trail Naples, Florida 34103 and a copy to: Broward County, Florida Clerk of the Circuit Court 115 South Andrew Avenue Suite 513 Ft. Lauderdale, Florida 33301 The Issuer and the Interlocal Participant may, by notice given hereunder, designate any further or different addresses to which subsequent notices or communications shall be sent. CII[-1335583v2 Section 9. Colmterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument· . Section I O. No Delegation of Authority. This Agreement shall in no way be interpreted to authorize the unlawful delegation of the constitutional or statutory duties of the Issuer, the Interlocal Participant or any of their officers, members, representatives or employees. .~. Section 11. Limited Approval. The approval given herein shall not be construed as an approval of any necessary zoning or rezoning applications nor for any planning or regulatory permits and the approval of this Agreement shall not be construed to be a waiver by either the Issuer or the Interlocal Participant of, and neither the Issuer nor the Interlocal Participant shall be estopped from asserting, any regulatory rights or responsibilities it may have with respect thereto. CHI-1335583v2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested in their respective corporate names by their duly authorized officers all as of the date first above ~a-itten. COLLIER COUNTY HEALTH FACILITIES AUTHORITY [SEAL] Attest: By¸ Title: Printed Name: Title: Printed Name: BROWARD COUNTY HEALTH FACILITIES AUTHORITY [SEAL] Attest: By. Title: Printed Name: Title: Printed Name: Cit1-1335583v2 9 STATE OF FLORIDA ) SS COUNTY OF BROWARD) I, ., a Notary Public in and for the said County in the State aforesaid, do hereby certify that and .., personally known to me to be the same persons whose names are, respectively, as and of the BROWARD COLrNTY HEALTH FACILITIES AUTHORITY, a special district and a body corporate and politic, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged under oath that they, being thereunto duly authorized, signed, sealed with the corporate seal, and delivered the said instrument as the free and voluntary act of said public body and as their own free and voluntary act, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this day of ..,2003. Notary Public Printed Name: Commission Number: [NOTARIAL SEAL] My commission expires: CIt1-1335583v2 10 STATE OF FLORIDA COUNTY OF COLLIER ) ) ss ) I, , a Notary Public in and for the said County in the State aforesaid, do hereby certify that and , personally known to me to be the same persons whose names are, respectively, as and of the COLLIER COUNTY HEALTH FACILITIES AUTHORITY, a special district and a body corporate and politic, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged under oath that they, being thereunto duly authorized, signed, sealed with the corporate seal, and delivered the said instrument as the free and voluntary act of said public body and as their own free and voluntary, act, for the uses and purposes therein set forth. GIVEN under mv hand and notarial seal this day of ,2003. Notary Public Printed Name: Commission Number: [NOTARIAL SEAL] Mv commission expires: Cl11-1335583v2 11 EXHIBIT A The opinion of Counsel required by Section 3 of this Agreement shall be dated the date of delivery of the Bonds, shall be addressed to the Administrator, the Bond Trustee and such other parties as may be reasonably requested by the Administrator, shall be in form and substance satisfactory to them, and shall be to the effect that: 1. The Interlocal Participant is a public body corporate and politic duly organized and validly existing under the Constitution and laws of the State of Florida and qualifies as a "public agency" within the meaning of the Florida Interlocal Cooperation Act of 1969 (Section 163.01, Part I, Chapter 163, Florida Statutes, as amended). 2. The Interlocal Participant Resolution has been duly adopted by the Interlocal Participant and is in full force and effect. 3. The Agreement has been duly authorized, executed and delivered by the Interlocal Participant and, assuming the due authorization, execution, and delivery thereof by the Issuer and the other public agencies which are parties thereto, constitutes a valid and binding obligation of the Interlocal Participant enforceable against the Interlocal Participant in accordance with its terms. 4. There is no action, suit, proceeding, inquiry or investigation at law or in equity, before or by any court, public board or body pending or, to the best of our knowledge, threatened against or affecting the Interlocal Participant, nor to the best of our knowledge is there any basis therefor, which in any way questions the powers or actions of the Interlocal Participant relative to the Interlocal Participant Resolution or the Agreement. 5. The execution, deliver3.' and performance of the Agreement by the Interlocal Participant will not conflict with or result in the breach of any of the provisions of, or constitute a default under, any indenture, mortgage, deed of trust or agreement or instrument known to us to which the Interlocal Participant is a party or by which it or its properties are bound. CHI- 1335583v2 A- 1 (239) DorAdo 3_ PlCEWORTH, -~TTORNE¥ AT LA~ ~UITE SON NE~GATE Towmm 5150 NORTH e-m~ pi~wSe~blink Fcb~ 12, 2~3 ~'.AX (239) 59~ - 1161 David C. Weigel, Esquire Collier County Attorney Collier County Courthouse/Bldg F Naples, FL 34112 Re: February 25, 2003 Agenda Dear David: I am enclosing the following documents for inclusion in the February 25, 2003 agenda: Executive Summary relating to approval of Health Facilities bonds to refinance the bonds issued in 1999 for the Cleveland Clinic facilities in Collier and Broward counties. Resolution to be adopted by the Board of County Commissioners at the Board meeting of February 25, 2003. Exhibits consisting of the Inducement Resolution adopted by the Authority at its meeting on February 14 and including as exhibits the Affidavit of Publication for the required TEFRA hearing conducted by the Authority and the form of the Interlocal Agreement that the Authority will enter into with the Broward County Health Facilities Authority, which authorizes the Authority to issue the bonds for the Broward component of the facilities. As we discussed on the phone Tuesday morning, there may be some very minor changes in the Authority Resolution as it may finally be adopted. I will get a copy of the final signed resolution to you after the Authority meeting, around noon on Friday. Since we have been placing these items on the Consent Agenda recently, I would request that this also be on Consent. Should there be any questions or concerns, please give me a call. Thank you for your assistance in this, and if you have any questions or need further information, please contact me. Donald A. Pickworth EXECUTIVE SUMMARY VA-2002-AR-3322, JERRY NEAL, REQUESTING A 7.5-FOOT VARIANCE FROM THE REQUIRED 7.5-FOOT SETBACK FOR DOCK FACILITIES TO ZERO FEET FOR PROPERTY LOCATED AT 86 DOLPHIN CIRCLE, FURTHER DESCRIBED AS LOT 8t/, ISLES OF CAPRI UNIT 1, IN SECTION 31, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of County Commissioners consider the petitioner's request for a 7.5-foot variance from the required 7.5-foot side yard setback for dock facilities on lots having less than 60 feet of waterfrontage to zero feet to allow the construction of a boat dock on a single-family lot. CONSIDERATIONS: The subject property is located at 86 Dolphin Court in Isles of Capri, legally described as Lot 86, Isles of Capri Unit 1. The petitioner wishes to construct a boat dock which will protrude a total of 159 feet into the xvaterway in order to gain adequate water depth for his boat. This dock extension request is reviewed by the Planning commission as a Boat Dock Extension Petition (companion petition BD 2001-AR-1776). Normally, the extension alone would allow construction of the dock; however, in this case, due to the configuration of the shoreline, a 7.5-foot variance from both side yard requirements of 7.5 feet to zero feet is needed in order to build the dock. An unusual aspect of this petition is that the proposed dock meets the side yard setback requirements at the shoreline, and the proposed encroachment occurs in the water. This is because the riparian lines - which provide points of reference from which to measure side setbacks for docks beyond the shoreline - converge toward the center of the waterway, narrowing the property owner's building envelope for the dock. The encroachment would affect only the abutting property owners, and both have provided letters of no objection to the project. The petitioner has also obtained permits from the State DEP and US Army Corps of Engineers. FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. FEB 2 5 2003 GROWTH MANAGEMENT IMPACT: Approval of this variance will not affect or change the requirements of the Growth Management Plan. ENVIRONMENTAL ISSUES: The CDES Environmental staff have determined that there are no seagrasses in the area of the project, and the single boat slip proposed is not subject to the provisions of the Collier County Manatee Protection Plan. A permit for the dock has been approved by the DEP. HiSTORIC/ARCHAEOLOGICAL IMPACT: None: no survey or Waiver of Historic and Archaeological Survey & Assessment is required for a variance. EAC RECOMMENDATION: The Environmental Advisory Council did not review this petition because the EAC does not normally hear variance petitions. CCPC RECOMMENDATION: The Collier County Planning Commission heard this petition on 6 February 2003, and voted 6-0 in recommendation of approval. Companion petition BD 2001-AR-1776, a prerequisite for presentation of this variance petition, was also heard on this day and approved by a vote of 6-0. The petition has therefore been place on the Summary Agenda. PLANNING SERVICES STAFF RECOMMENDATION: Planning Services staff considers that this petition is generally consistent with the intent and purpose of the LDC, and would not be injurious to the community. Staff is therefore recommending that the CCPC forward Petition VA-2002-AR-3322 to the BZA with a recommendation of approval, subject to the conditions in the resolution. FEB 2 5 2003 PREPARED BY: ~ROS-St~CH~-NAUR PLANNER REVIEWED BY: CURRENT PLANNING MANAGER APPROVED BY: JQSI~H K. SCHMITT qO~MUNITY DEVELOPMENT & I~IRONMENTAL SERVICES ADMINISTRATOR executive summary/VA-2002-AR- i~ATE DATE DATE DATE FEB 2 5 2003 PETITION PROJECT VARIANCE PETITION (VARIANCE FROM SETBACK (S) PLANNER Ross Gochenaur ........................ (A~Uvr_, ~,., -- .LLED'IN BY STAFF) ADDRESS ~ Do ].~ "'~ FI ~ '¢1/:3 TELEPHONE PETITIONER'S PETITIONER'S AGENT'S ADDRESS b~{¢y ~-,,I, "~¢5~ //~$o~[~+=S LEG~m DESCRiPTiON OF SUBJECT PROPERTY: LOT(S) S& BLOCK(S) SUBDiVISiON ~,{ SECTION ~[ TWP. ~ [ ~GE ~ (if legal descr!ption is lengthy, i.e. metes & bounds description, a~ach additional page) -.. '.' ._~_N u USE TWISTING '" ~' SUBJECT PROPERTY ON SUBJECT PROPER~PY A~jACENT N S E W MINIMUM FRONT: SIDE: REA~: ZONING ZONING & ~,_A~D USE ~..S~ -~_ YARD REQUIREMENTS 7 Yz LAND USE FOR SUBJECT PROPERTY CORNER LOT:~ (CIRCLE ONE) WATERFRON LOT: ~9 YE~(CIRCLE ONE) VA-2002-AR-3322 Harry Wood Variance 2002100061 October 31, 2002 AC, ERDA ri'EM/~ FEB 2 5 2003 (compamon to AR.3323) NATbq~E OF PETITION Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when properEy owner purchased property; when existing principal structure was built (include building permit number if possible); why encroac.hment i§ necessary; how existing encroachment came to be; etc. The petitioner request a reduction in side setback for a docking facility for a single family lot. The subject lot is located at the southwest comer of Pompano Bay in Isle of Capri. Per LDC Section 2.6.21.5, the required side setback for a dock is 7.5 feet. The requested setback is 0.0 feet. The neighbor to the south was granted a side setback of 0.0 feet for his dock. Lot 86 was part of a group of lot owners located in this southwestern comer of Pompano Bay which applied an application with the County and State for a multi-slip facility to serve five lots. For various reasons, the facility was approved. However, the State and County did approve a dock for lots 84 and 85 (the existing dock to the south of subject lot 86). Through the process of obtaining the perraits, lots 84, 85, and 86 were declared to own to the Mean High Water Line and this line is shown on the Collier Count)' Property Appraiser's Assessment Map number 6B/31S. copy attached for 3'our use. Based on this map. petitioner's waterfi'ontage is 41 feet. The water depth in the southwestern comer of Pompano Bay is very shallow and in order to obtain adequate water depth for a boat the boat slip has to be located about t40 feet out into the water. Since this lot is located at a side-end ora water body and at the comer of the platted lots, the riparian lines converge quickly to the center point for the lots. Please note thau staff and 5he Collier CounTy Planning Commission shall be guided in their reccr~enda5i= ..... Ne Board of Zoning Appeals, and that the Board cf Zoning Appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-6). (Please address 5his criteria using additional p~ges if necessary.) Are there special conditions and circ'~msuances existing which are peculiar to the location, size and characteristics of the land, structure, cr building involved. Yes.. the subject lot is located at the side-end of Pompano Bay and the comer of the platted lots. The riparian lines converge to a point for lots 78 through 87 as approved by the State and shown s Assessment Map ~so. this comer of Por"?°"'' n~,, on the Collier County Property Appraiser' ' ' e ~7.,r~g.~l~ is very shallow forcing the location of any boat slip to be a considerable distance offshc[r~. I~ i .. 2 FEB 2 5 2003 Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. Yes, thelots wereplatted ~rmingacomerandthee~stingBay~sha~owint~scomer. Will a literal interpretation of the provisicns of this zoning code work unnecessary and undue hardship or create practical difficulties on the applicant. Yes, a usable dock can not be built without this requested variance. o Will the variance ~ granted, be the minimum variance that will make possible the reascnable use of the .a~.d, building or structure and wh_~h promote standards of hea!Sh, safety or welfare. Yes, in order to obtain 2.5 feet of water depth at Mean Low Water for the boat motor, the requested distance out from shore and the 0.0 feet side setback is required. The same conditions for the adjoining lot which received County approval. Will granting the variance requested confer cn the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or ssructures in the same zoning district. No, the same request was granted to the adjoining lot owner. FEB 2 5 2003 Will granting the variance be in harmony with the intent purpose cf this zoning code, and not. be injurious to the neighborhood, or otherwise detrimental to the public welfare. and Yes, the granting of this request is in harmony with the desires of the surrounding property owners and ,~ not be injurious to the public. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. Yes. the project site is located within the Rookery Bay Aquatic Preserve whereby dredging is discouraged. Will granting the variance be' consistent-with management plan. the.growth Yes. to preserve the natural resources by extending the dock instead of dredging. FEB 2 § 2003 ¥-2000-35 DATE: 2/27/02 ROSS GOCHENAUR (COMPANION TO BD-2000-37) Z ~_~ 0 "f- >" ~-- Z CD {_3 :~: Zz~- FEB 2 5 2OO3 , '/~,.O0,t. ~. 6Z ! ,O0'f 08 : 'A.O0,i~o V-2000-35 DATE: 2/27/02 ROSS GOCHENAUR ANION TO BD-2000-37) ~O og 6 'g'-x £ 'g'-x I ~ 'O+x S'O.X or 'O+ · FEB 2 5 2003 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: 19 NOVEMBER 2002 SUBJECT: PETITION VA 2002-AR-3322 WOOD VARIANCE (BOAT DOCK) AGENT/APPLICANT: OWNER: AGENT: Harry R. Wood, III 86 Dolphin Circle Naples, FL 34110 Jerry Neal 270 Robin Hood Circle, Unit 201 Naples, FL 34104 REQUESTED ACTION: The petitioner requests a variance from the required 7.5-foot side setbacks for docking facilities on property with less than 60 feet of waterfrontage to zero feet in order to construct a dock facility with one slip that will protrude 159 feet into a waterway about 600 feet wide. In order to construct the proposed facility, both this variance and companion boat dock extension petition BD 2002-AR-3323 will have to be approved. FEB 2 5 2003 GEOGRAPHIC LOCATION: The subject property is located at 86 Dolphin Circle in Isles of Capri, legally described as Isles of Capri Unit 1, Lot 86 and that portion lying east of lot 86 to the Mean High Water line. PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to construct a boat dock consisting of a 4-foot-wide walkway protruding a total of 159 feet into the 600-foot-wide waterway and leading to a single boat lift. The total protrusion includes an additional 4 feet beyond the lift pilings to accommodate the vessel itself. Due to the configuration of the shoreline along which the subject lot is located, the riparian lines converge as the distance from shore increases. An extension is needed to reach adequate water depth, and the variance is requested in order to allow mooring of the vessel at the terminal end as the area of riparian rights narrows. The applicant has obtained permits from the State DEP and the US Army Corps of Engineers for this project, as well as letters of no objection from both abutting property owners. SURROUNDING LAND USE AND ZONING: Subject: Single-family residence, zoned RSF-4 Surrounding: North - East - South - West - Unimproved lot, zoned RSF-4 Pompano Bay Single-family residence, zoned RSF-4 Dolphin Circle ROW HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that docking facilities are not located within areas of historic/archaeological probability. EVALUATION FOR IMPACTS TO TRANSPORTATION~ INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infrastructure, transportation or the environment. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section !.7.5.6 are as follows: FEB 2 5 2003 e Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved? Yes. The subject property lies on a natural shoreline, unreinforced by a seawall, which is subject to the accretion of land. The water depth at the site is therefore extremely shallow, and a sizable amount of accreted land has already been deeded to the property owner by the state. As noted above, due to the configuration of the shoreline, the riparian lines converge as the distance from shore increases, narrowing the building envelope for the dock. Are there special conditions and circumstances which do not result from the action of the applicant, such as pre-existing conditions relative to the property, which is the subject of the variance request? Yes. The conditions of the shoreline and waterway at the site are pre-existing and not the result of any action by the property owner. Will a literal interpretation of the provisions of this Land Development Code ~vork unnecessary and undue hardship on the applicant? No. Although conditions at the site are such that a viable dock accommodating the owner's 20-foot boat could not be constructed without the requested extension and variance, it is possible that a shorter dock accommodating a smaller, shallow-draft boat could be constructed xvithout the variance. In order to construct the shorter dock an extension would probably still be required, and the smaller boat could probably be launched only on higher tides. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building, or structure and which promote standards of health, safety, and welfare? No. As noted above, it is possible that a shorter dock could be constructed with an approved extension but without the requested variance; however, this dock would only be able to accommodate a much smaller vessel than that of the owner, and the vessel could probably still not be launched at lower tides. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes. Other waterfront property owners are obliged to construct docks within the limits allowed by the LDC. sc, ^ rrm FEB 2 5 2003 e Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No, the LDC specifies setbacks for docking facilities; however, the variance would not be injurious to the community. The encroachment would have no impact on the use of the waterway, and the neighbors most affected - those on either side of the subject lot - have stated that they do not object to approval of the variance. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes. There is ongoing accretion along the shoreline at the site due to its location at an angle of the waterway, and the water depth at the site is extremely shallow. 8. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance will not affect or change the requirements of the Growth Management Plan. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions. PLANNING SERVICES STAFF RECOMMENDATION: The proposed encroachment will likely have no adverse impact on the neighboring properties or the use of the waterway. Staff considers that the special conditions and circumstances peculiar to the site, including the accretion of land along the shoreline and the configuration of the shoreline itself, are sufficient to warrant a recommendation of approval. PREPARED BY: ROSS GOCHENAUR PLANNER REVIEWED BY: DATE SUSAN MURRAY, AICP CURRENT PLANNING MANAGER REVIEWED BY: DATE MARGARET WUERSTLE, AICP PLANNING SERVICES DIRECTOR APPROVED BY: JOSEPH K. SCHMITT, COMMUNITY DEVELOPMENT AND (.~ENVIRONMENTAL SERVICES ADMINISTRATOR DATE Petition Number: VA-2002-AR-3322 Tentatively scheduled for the 25 February 2003 BZA meeting. Collier County Planning Commission: KENNETH L. ABERNATHY, CHAIRMAN FEB 2 5 2003 RESOLUTION NO. 03- RELATING TO PETITION NUMBER VA-2002-AR-3322, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of ~h~ public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102 as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, thc Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 7.5-foot variance from the required 7.5-foot side setback for dock facilities to zero feet as shown on thc attached plot plan, Exhibit "A", in a "RSF-4" Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable mat~ers required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE iT RESOLVED BY the Board of Zoning Appeals of Collier County, Florida, that: The Petition VA-2002-AR-3322 filed by Jerry Neal, Purse Associates, representing Harry R. Wood, rff, with respect to the property hereinafter described as: Lot 86, Isles of Capri Unit 1, according to the Plat thereof, recorded in Plat Book 3, Page 41, of the Public Record of Collier County, Florida. be and the same hereby is approved for a 7.5-toot variance from the required 7.5-foot side setback for dock facilities set forth in LDC Section 2.6.21. to zero feet as shown on the attached plot plan, Exhibit "A", of the "RSF-4" Zoning District wherein said property is located. BE IT FLFRTHER RESOLVED that this Resolution relating to Petition Number VA-2002-AR-3322 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2003. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIF~MAN Approved as to Form and Legal Sufficiency: Pamck G White Assistant County Attorney VA-2002-AR -3322/RG/lo FEB 2 5 2003 Z l'O-'l-* '"" c3'0++ L'O+* g'O++ / :X Exhibit "A" Z (9"I- z~ ~o~o OLd EXECUTIVE SUMMARY PETITION AVROW2002-AR2332 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE ROAD RIGHT OF WAY FOR CORALWOOD DRIVE WHICH WAS DEDICATED TO THE COUNTY AS 3RD AVENUE NORTHWEST BY THE PLAT OF "GOLDEN GATE ESTATES UNIT NO. 95", AS RECORDED IN PLAT BOOK 9, PAGE 45, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 26 EAST. OBJECTIVE: To adopt a Resolution to vacate a portion of the road right of way for Coralwood Drive. CONSIDERATIONS: Petition AVROW2002-AR2332 has been received by Engineering Services from Kenneth P. Saundry, Jr., owner of Tract 7 and from Mohamed M. Faisal, owner of Tract 8, requesting the vacation of a portion of the right of way for Coralwood Drive that lies between their Tracts 7 and 8 and west of Logan Boulevard. The 60 foot wide right of way was dedicated to Collier County as 3RD Avenue Northwest by the plat of "Golden Gate Estates Unit No. 95." This portion of Coralwood Drive is unpaved and begins at Logan Boulevard and goes west approximately 430 feet to the existing drainage canal. Transportation has no plans to pave this portion and has no objection to vacating the right of way as long as access to the drainage canal is provided to the County by the Petitioners. Engineering Services and Stormwater Management have no objection to vacating the right of way as long as a drainage easement is provided to the County by the Petitioners from Logan Boulevard to the existing drainage canal. The petitioners are satisfying both of these stipulations by a Grant of Drainage Easement to Collier County. Florida Power and Light stipulated in their Letter of No Objection that they require an easement for their facilities which are located along the north right of way line of Coralwood Drive. The petitioners have provided FPL with an easement and recorded it in Official Record Book 2806, Page 2087, Public Records of Collier County. Letters of no objection have been received from the following Collier County Departments: Transportation, Stormwater Management, Engineering Services, Public Utilities, Sheriff, Golden Gate Fire Department and also from the following utility providers: FPL, Sprint and Time Warner Cable. Zoning is Estates. This Executive Summary was approved by Greg Garcia in Transportation on August 27, 2002 and by Jacquelyn Johnson in Public Utilities on October 22, 2002. FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" petitioners which covers the County's cost of advertising, recording and processing fee from the FEB 2 5 2003 GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. PLANNING SERVICES STAFF RECOMMENDATION: Recommendation that the Board of County Com~lissioners: 1. Adopt the Resolution for Petition AVROW2002-AR2332 for the vacation of a portion of Coralwood Drive; and Authorize the execution of the Resolution by its Chairman and direct the Clerk to the -' Board to record a certified copy of the Resolution in the Official Records; and 3. Approve and accept the Grant of Drainage Easement and direct the Clerk to the Board to record the Grant of Drainage Easement in the Official Records; and 4. Request the Clerk to the Board to make appropriate marginal notes on the plat of "Golden Gate Estates Unit No. 95." PREPARED BY: ~t ~,~/ Rick Grigg, P.S.M. Engineering Services DATE: Thomas E. Kuck, P.E. Engineering Services Director DATE: APPROVED ?se?h K. Schmit/t, Administra(or (munity Development & Environmental Services D ATE: ..2//o//~__~. FEB 2 5 2003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 RESOLUTION NO. 2003- RESOLUTION FOR PETITION AVROW2002-AR2332 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE ROAD RIGHT OF WAY FOR CORALWOOD DRIVE WHICH WAS DEDICATED TO THE COUNTY AS 3~'~ AVENUE NORTHWEST BY THE PLAT OF "GOLDEN GATE ESTATES UNIT NO. 95", AS RECORDED IN PLAT BOOK 9, PAGE 45, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 26 EAST. WHEREAS, pursuant to Sections 336.09 and 336.10, Florida Statutes, Kenneth P. Saundry, Jr., owner of Tract 7 and Mohamed M. Faisal, owner of Tract 8, do hereby request the vacation ora portion of the right ofway for Coralwood Drive; and 18 19 WHEREAS, the Board has this day held a public hearing to consider vacating said 20 portion of Road Right of Way for Coralwood Drive as more fully described below, and notice of 21 said public hearing to vacate was given as required by law; and 22 23 WHEREAS, the granting of the vacation will not adversely affect the ownership or right 24 of convenient access of other property owners. 25 26 NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF COUNTY 27 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's property rights, 28 including its easemcnt interests, over and across the following portion of the Public Road Right 29 of Way for Coralwood Drive, described below, are hereby vacated, extinguished, renounced and 30 disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit: 31 32 33 34 35 See Exhibit "A" attached hereto and incorporated herein. FEB 2 5 2003 BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the 15 foot wide Drainage Easement more particularly described in Exhibit "B" attached hereto and incorporated herein, is hereby accepted as a relocation drainage easement for the Public Road Right of Way vacated herein. BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution, the proof of publication of the notice of public hearing and the proof of publication of the notice of adoption of this Resolution in the Official Records of Collier County, Florida. This Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Tom Henning, Ch~rman Approved as to form and legal sufficiency:. · Patrick G. White, Esq. Assistant County Attorney Ar~A i~EM FEB 2 5 2003 BBLS SURVEYORS & MAPPERS INC. 1502-A RAIL HEAD BLVD. NAPLES, FLQRIDA 34110 TELEPHONE: 941-59% 1315 FAX: 941-597-5207 LEGAL DEscRIpTION ROAD EASEMENT VACATION EXtHBIT SB~'T 10~ 2 AVROW2002~AR2332 A PORTION TRACT 7 AND TRACT 8 OF GOLDEN GATE ESTATES, UNIT 95, AS RECORDED IN PLAT BOOK 9 AT PAGE 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEASTERLY CORNER OF SAID TRACT 7; THENCE N.89°41'02"W., ALONG THE NORTHERLY LINE OF SAID TRACT 7, A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE S.00°19'10"W., A DISTANCE OF 30.00 FEET; THENCE N.89041'02"W., A DISTANCE OF 430.12 FEET; THENCE N.00°32'43"W., A DISTANCE OF 60.01 FEET; THENCE S.89°41'02"E:, A DISTANCE OF 431.02 FEET; THENCE S.00°Ig'I0"W., A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.59 ACRES, MORE OR LESS. BEARINGS REFER TO GOLDEN GATE ESTATES, UNIT NO. 95, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 9 AT PAGE 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THI~gOPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF ~,~ORn, . e 5/oi/oo STEPHEN E. BERRY~OF FLORIDA, (P.S.M. #5296) BBLS SURVEYORS & M.,-tPPERS INC., (L.B. ~6753) GGU95EV. SAM PROOFED BY SEB 04/30/00 ' AGENDA I1TtM/') FEB 2 5 2003 (SEE ATTACHED SKETCH GGU95E~ I ~', I AVROW2002-AR2332 t,.o.c. -~ /i; ~ ........... ~ ~ ~s ~r ~. ss X L~ BOU~ARD L4 L2 ~G~D P.O.C ~T ~ C~l P~ L~ ~ ~ LEG~ D~CRi~ON ~r ~ ,. ~ o ~ ~e~ ~T ~ 24, P~ ll--l~ ~ ~ ~= ~ ~" LINE TABLE L) I ,, ~,,',o~. ~'~EB 2 5 2003 ~ S~CH TOACCOMPANY~L DESCRI~ON ae~, _ _ " ~ ~ g ~ SE~ON 4, TO.SHIP 49 SO~, ~NGE26 ~S~ GRANT OF DRAINAGE EASEMENT EXHIBIT "B# SHEET ! OF 4 AVROW2002-AR2332 THIS EASEMENT granted this '~ day of *qe'" .... ,2002 between Mohamed M. Faisal and Shameen Tamton Faisal, husband and wife, as GRANTORS to Board of County Commissioners of Collier County, Florida, its successors and assigns as GRANTEE. Wimesseth: That the GRANTORS for and in consideration of the sum of $10.00 and other good and valuable consideration paid by the GRANTEE the receipt of which is hereby acknowledged, hereby convey, ~ant, bargain and sell unto the GRANTEE, its successors and assigns, a perpetual, non-exclusive easement, license and privilege to enter upon for access to existing drainage easements and to maintain, construct and install underground water management and drainage facilities, structures and improvements in, on and over the following described lands located in Collier County, Florida, to wit: See Exhibit "A" attached hereto and incorporated herein. TO HAVE AND TO HOLD the Easement hereby granted unto said GRANTEE, its successors and assigns. GRANTEE, by acceptance of this easement agrees for itself, its successors and assigns, to in no way interfere with the right of ingress and egress of GRANTORS, its grantees, successors and assigns, or any other party requiring access to the property of which the Easement is granted to any properties abutting the property encumbered by this Easement. G~ORS hereby reserve the right to use the property for all purposes which do not interfere with GRANTEE's use of the Easement for its intended purpose. FEB 2 5 2003 EXHIBIT SHEET 2 OF 4 AV'ROW2002-AP,233~ IN WITNESS WHEREOF, the GRANTORS have caused these presents to be executed the date and year first above written. Witne~-s g~aN~ D~D3, ~ ' ~'Faisal M6hamed -/ §hameen-'T~amton Faisal STATE OF FLORIDA..... COt T¥ OV The foregoing instrument was acknowledged before me this '-2~-'q day of 1~,/'. , 2002, by Mohamed M. Fai~/;j~Shameen Tamton Faisal, who are personally known to me or who have produced , . as identification. MY COMMI~ION # CCg6~8 ~ Ka~vn Yol',n Kel~ December 26, 2003 Serial #: 0 0 ~ b ~ '~q ~ My Commission Expires: Prepared by: C. Perry Peeples, Esq. Garlick, Stetler & Peeples, LLP 5551 Kidgewood Drive, Suite 101 Naples, FL 34108 N:\Clien~Saundry_Kenneth p._Jr\Coralwood Vacation 00 I\Grant of Drainage Easement. doc AGENDA ITEId6 FEB 2 5 2003 BBLS SURVEYORS & MAPPERS INC. 1502-A KAILHEAD BLVD. NAPLES, FLORIDA 34110 TELEPHONE: 941-597-1315 FAX: 941-597-5207 LEGAL DESCRIPTION DRAINAGE EASEMENT EXHIBIT SHEE'I' 3 OF 4 AVROW2002-AR2332 A PORTION OF TRACT 8, GOLDEN GATE ESTATES, UNIT NO. 95, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 9 AT PAGE 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMI~NCE AT A SOUTHEASTERLY CORNER OF SAID TRACT 8; THENCE N.89o41'02"W., A DISTANCE OF 50.00 FEET; THENCE N.00°19'26"E., A DISTANCE OF 7.85 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; TttENCE N.89°41'02''W., A DISTANCE OF 430.69 FEET; THENCE N, 00°32'43"w., A DISTANCE OF 15.00 FEET; THENCE S.89o41'02"E., A DISTANCE OF 430.92 FEET; THENCE S.00°19'26"w., A DISTANCE OF 15.00 FEET TO THE. POINT OF BEGINNING. PARCEL CONTAINS 0.15 ACRES, MORE OR LESS. BEARINGS SHOWN I-IEREON REFER TO GOLDEN GATE ESTATES, UNIT NO. 95, ACCOKDING TO THE PLAT TI-IEI~OF RECORDED IN PLAT BOOK 9 AT PAGE 45 OF THE PUBLIC RECORDS OF COLT.II::~-R. COUNTY, FLORIDA. TillS PROPERTY IS SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. _~-'~_~- \ · 03/14/02 STEPItEN E. BERRY, STATI~ OF FLORIDA, (L.S. #5296) BBLS SURVEYORS & MAPPERS INC., (L.B. #6753) 9991 SAUNDKY CDE.LWP PROOFED BY ,, q~:} (SEE ATTACHED SKETCH-9991CDELS) AC-~A ITEMD FEB 2 5 2003 SOUTH~4ST~RLY CORNER OF TRAC~' GOLDEN Gale £SrAT['E uNIT PLAY ~OOK 9. PAG~ ~ a~ms or ~.O.B. I SHEET 4 OF 4 AVROW2002-AR2332 ' ~"~ "-~z LEGEND Pc~ PA~: L1 UN~ LA~E1. C.0.[. CO~U~ DRAIHAC~: ~T TRACT 8 P&4r BOOK ~. PAGE I I w w TRACT 7 villi I I I I I I I LEGAL DESCRIPTION NOTES: PLAT BOOK 24, PAGE 11-t9 UNE TABLE NOO*rg'2~"'E L;' L I O N~r41'O~'W THIS IS NOT A SURVEY g ~ ; ,A~ONOF~~~~A~M ~~-[SE~ON4, TOWNSHIP49SO~,~~ FEB 2 5 2003 Date Received: Attachment "A" PETITION FORM FOR VACATION OFROAD RIGHT-OF-WAY fl OI::: Z) Petition #: Petitioner: Kenneth P. Saundry~ Jr. Address: 7127 Mill Pond Circle City/State: Naples~ Florida Telephone: Zip Code: 34109 Agent: PMS Inc. of Naples Address: 2335 N. Tamiami Trail~ Suite 408 City/State: Naples~ Florida Telephone: 435-9080 Zip Code: 34103 Road Name: Coral Wood Road - West Side Location: Section 4_..~_.__ Township 49S Legal Description: Attached · Range 26E Plat Book 9 Page(s) 45 Current Zoning: Estates Reason for Request: to vacate 60' road easement which is dedicated to Collier County and make it a private road easement to be utilized by the abutting property owners. Does this affect density? no I hereby authgrize Agent ab)~verto repr~ent me for this petition: Yes No Signathre of Petiti~n~ / ' D~te Kenneth P. Saundry~ Jr. Print Name (Title) Please see "Policy and Procedure on the Closing and Vacation of Road Right-of-Way" for the list of supportive materials which must accompany this petition, and deliver or mail to: Community Development & Environmental Services Division Planning Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 (1) If applicant is a land trust, indicate the name of beneficiaries. (2) If applicant is a corporation other than a public corporation, indicate the name of officers and major stockholders. (3) If applicant is a partnership, limited partnership or other business entity, indicate the name of principals. (4) List all other owners. Attachment "A" Page 5 of 4 FEB 2 5 2003 Attachment "A" PETITION FORM FOR VACATION OF ROAD RIGHT-OF-WAY Date Received: Petitioner: Mohamed M. Faisal Address: 4400 Wilder Road City/State: Naples~ Florida Telephone: Zip Code: 34105 Agent: PMS Inc. of Naples Address: 2335 N. Tamiami Trail~ Suite 408 City/State: Naples~ Florida Telephone: 435-9080 Zip Code: 34103 Road Name: Coral Wood Road - West Side Location: Section 4 Township 49S . Range 26E Plat Book 9 Page(s) 45 Legal Description: Attached Current Zoning: Estates Reason for Request: to vacate 60' road easement which is dedicated to Collier County and make it a private road easement to be utilized by the abutting property owners. Does this affect density? no I hereby authorize//~nt abo?~ ~ent me for this petition: Signatu~f P~/ Mohameo'~gl. Faisal Yes No ~ \ Date Print Name (Title) Please see "Policy and Procedure on the Closing and Vacation of Road Right-of-Way" for the list of supportive materials which must accompany this petition, and deliver or mail to: Community Development & Environmental Services Division Planning Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 (1) If applicant is a land trust, indicate the name of beneficiaries. (2) If applicant is a corporation other than a public corporation, indicate the name of officers and major stockholders. (3) If applicant is a partnership, limited partnership or other business entity, indicate the name of principals. (4) List all other owners. Attachment "A" Page 4 of 4 FEB 2 § 2003 Official Receipt - Collier County Board of County CDPR1103 - Official Receipt Commissioners 'L Trans Number : Date I Post Date i Payment Slip Nbr 324334 i 4/2/2002 12:25:38 PM 14/2/2002 [AR 2332 Appl Name: PMS INC OF NAPLES Appl Stage/Status: REVIEW STAGE NO. l/PENDING Address: 2335 N. TAMIAMI TRAIL SUITE 408 NAPLES FL 34103 Proj Name: CORAL WOOD ROAD Type: TAZ: Subdiv Nbr: 793 Project Nbr: 2002040004 Payor · FAISEL SAUNDRY Fee Information Fee Code ~ Description I GL Account 12TRVC REV ACCT/VAC EASEMENT-ROW [10116361032910000000 Amount Waived $1000.00 Total I $1000.00t Payments Payment Code ! Account/Check Number Amount i CHECK ,6984 $500.00 CHECK i 1113 I $500.00 Memo: Total Cash $0.00 Total Non-Cash $1000.00 Total Paid I $1000.001 Cashier/location: GARRETT_S / 1 User: SMITH_G Collier County Board of County Commissioners CD-Plus for Windows 95/NT FEB 2 5 2003 This Warranty. Deed Made ~ds 8TH day of DECEMBER by FRED E. MILLS, a single man *** 2561 lJlll/m A.D. 19 99 bcmbu~er caUed ~e grm~or, to KENNETH p. 8A~HDRY JR. SAUNDRY, hUSBAND AND b~IFE AND CItERILYNN-t*j.Cl wh(Me po~ offsce address b: 900 H~NTERB #. ~, FLORIDA 32904 CR~ DRI~ 645 OR: 2621 PG: 075 n OFFICIAL ILO0101 of C0LLIII COHTI, at Ol:41~ HI~T I. BI0Cl, CLIH ~ 14508 IIIC Ill , IOC-.lO Ill Witflesseth, tim d~ pamor, for and in cofl~Sem~ou ofth~ ann of $ 10.00 ~, ~v~ ~ ~ ~to ~ ~t~, ~1 ~ ~ 1~ ~e ~ ~I~ Trmc~ 7, ~ ~ E~A~$, Unit 95, macor~g ~o the plm~ rocord~ ~ Plat ~k 9, Page 45, of t~ ~1~c Rocor~ oE Collier Co~y, Florida. SUBJECT TO covenentm, remtrtcttonm, o&mementm of record and toxe the current year. Parcel Identi£tcation NUmber, 41820280001 To lhve nd to HoM, ~ san~ in ;ee sb~e fo~ve~. And the grantor hereby covenants with said grantee mat the ~nmtor is lawfullyseiz~d of said ted h fee dm ~bc grantor has good fi~ht nd hwf~d mflhofity to sell and convey said trod; that the sramor hereby fully free of aH encumbrances exce~ taxes accruing subsequem to December 31, 19 99 wri~n. ~igned. xealed and geIivered in our pr~ence: /g b*XTNESSS PRINTKD HAKE 'v" ?7, ¥ day of DECEMBEJ FEBi,I.j_j_j_j_j_j_j_j_.~~2 5 2003 NAPI~$, FLO~ZDA 34105 ~d iV Nm.~. 41820320000 ~ #1 TIN: Warranty Deed This Indenture, M~:~mi~ ~/~of RAMON F. RHODE ~755 ~ ~IIPOI7 RD ~ July , 2000 ~.a., Between DOC-. ?G I i of ~ ~ ~' Collier , s~ ~ Florida , grantor, MOHAMED M. FAISAL and SHAMEEM TAMTON FAISAL, husband and wife 4400 Wilder Road,' Naples, FL 34105 Subject to x'estrictions, reservations and easements convnon to the subdivision, and taxes subsequent to 1999. This property is unimproved, and is not the homestead of the grantor, nor contiguous thereto. t-~-. ioRN TO MURPHY LAW FIRM ~;IJITE A 3785 A:~,OORT ~OAD N NAPC. i =~ '~a':O5 (Scad) STATE OF Florida COUNTY OF Collie= T~~~~~~ ~/ ~-yor July RAMON F. ~E ~_~_ ' AGF.~ ITEM/3 FEB 2 5 2003. A SUBDIVISION 0 CC - :::"' Kno~' eli men by thane Pteelntl, ~he GU[r mir~Cnn La'nd Flaring, aa proprietors, hove c~d t~. lends 'Wr'~d ~ne~ed plat to be. ~rv~Ved,. ~eld .out end platted, to ~ es G~N GA~ ESTATES, ~]T No. 95- ~. then the ourposem lndtce~d to tho Public. · . . · IN ~I~ ~E~, ~If ~rlC~ Lene"~r'mti~ hem end the Cor~ret~ Seel.t~ be affixed, attested ~ its' err thio 2~ OaV of . ~O~r -. .~-:..~~...~ ~ Sr. ~ce Preet~nt .,:.-.,-,..,.. ~. sra~ ' ' ! HER[BY CZI~YXFY ~hat on thte dete: Pe~oonolIv' ack~le~nte~ 3. R. Leyden ~d 3. S. Mo reactively k~ mn t~ vt~ P~s~dmnt MNricen L~d ~r~re~ton, a ness tn the Stets of ;loriOi, ~ mi kno~ to ~eCT~d in, end ~ executed, t~ rOregoi~ they OCk~leOgO the exertion thereoe to be ~ed ii 8u~ oreicere, rot t~ uses end pur~. t~Dnld eno ~y er,~xeO t~reto t~ orrict~ parities en~ thlt sot~ dedication tn t~e tree Bold ~orltion. FEB 2 5 2003 33 21 204.04' S.89*05'S 5" £. 2 6-4 4.64" 3 e 66.97' . ~0' DRAIN, Z hi .,,3.11 t4 .... -__ ':-_ ,322.23 .. 7"-1 -'~ ~- 3 30D2 ,, ,, ' - ,T ' -- ...... 15??.ia ' ' . 33002 1~553.76 I i_ 6 80 ,.,;- Ac. Ac. Ac. ,c. A.c. '-&c. ~Ac. O ,o. ~ 7.' ,~ 2.0 ~ ~ '~ ~, ~ ~! o · l~,m~9.17 i ImS~sAc'. f. ~=~44~d 4Sm. 60e 61 ~ 76N 77~ g2. o .. .... ,.,,- y. .... ~53~454 'lin mO43m '46 = 50 .-62 = 75 - 70 I' 01  ~_4..~c.~ Io s.~s,c oe .~34.86 I ~ , ,, ,, ,, ~ ,, ~ ,, ,, ' F 1 3 ~1 I= 24 1530.27~ I ,, ~42 =47 · 58 = 63 = 74 = 79 ~ 90 12 I~ 25 = 5TH. AVE. N.W. I 521,09 ~ ' :41 :48 = 57 =64 = 73 =~0 = 89 =g~ =105 i.~; ~.o I1= 27 1 ~6:SOlI ,, ., ,, ,.' ,, ,, ,. ,, . ,, ~1 ].so~c. I ! ,, ~ g = 28 = 151~.92 I I , I).8[A'C t.' ~,' ,," =40 =4g ~56 :65 =72 =81 =88 ~= ~ I~ 29 = CO~~ ~ ~ ~ , ~__ -__ -- --~____ .__ ~ ,, ,, __ '~ ~,,~*c~l ' ,, .... : -----: ~D~i~'~'~ ~' L-: '- 7- .iff 30 :il= ~ 0~ 31 ~ .'l' I.IIAC.. ibo,I ~ 0 48 1 '. ff ~ . 0 = ~ a ! l°SJs*'c' 0~37 ~52 s3 ee ~m821 680 ~ o ~ ~ ~7. 7.24 7.2 5 7. ~ 7 7.00 ~1 3.78 Ac. 5~IA C. AC. ~C. AC. AC. [ 4~.18 I -.680.38 330.19 ,, " " 2622.C 524i 314.22' S. 88'2 337.10' Parcel Page 1 of 1 Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System OWNER INFORMATION Name:IISAUNDRY JR, KENNETH P Address:I[CHERILYNN d SAUNDRY Address:II275 BURNT PINE DR Address:II Address:ii ~L.^PLES, F...g-gm PROPERTY INFORMATION JParce~:jJ41820280001 I Loc.'ll3ss~O0 II Acre:Il3.60 I J LegaI:JJGOLDEN GATE EST UNIT 95 TR 7 J Legal:II J Legal:II J ~XEMPTION~' Taxble Value:JJ165600 J Millage C°de:ll04s Homestd Ex:Ilo Agricltr Ex:Ilo W~dow Ex:Il0 Blind Ex:]lo Disabled:IlO Veteran Ex:IlO vvho,y Ex,Ilo Civilian Ex:ilo TAX INFORMATION Coun~Y:li~?.g~ School St:11720.19 School Ioc:11424.27 c~ Tax:Il0.00 I Dependt:JJ133.62 Water:il87.19 J Independ:JJ184.93 Voter Appr:l14.44 I Gross max:jl2,202.4s I ~[0.00 Advertising:J[0.00 PAY TERMS N°v:Jl2,~4.3s Dec:ll2,*3s.3e Jan:JJ2,~ss.40 I~-~r;l12,2o2.4s r~-~lo.oo PAYMENTINFO Paid Dt :11~o2 Recpt:JJsg041 Mach:ll09 Paymt:JJ2,136.38 Mo,:Ilo I STATUS INFO. j Non Ad Va:liN Installment:liN Deferred:liN Bankrupt::]l. Back to Search j Last Updated: 1/16/2003 5:00pm http://www.colliertax.com/RecordDetail.asp?FoliolD=41820280001 FEB 2 5 20~3 Parcel Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System Page 1 of 1 OWNER INFORMATION Name:JtFA/SAL, MOHAMED M & SHAMEEM T Address:ll..~z~- WILDER RD Address:Il Address:ii L, ~[.AP.ES, F. PROPERTY INFORMATION IParce~:J141820320000 I Loc:llasso00 II Acre:Il3.63 I I LegaI:IIGOLDEN GATE EST UNIT 95 TR 8 I Legal:l[ I Lega~:ll PAYMENTINFO Paid Dt :ll~a/0eto2 I Recpt:l14874 MachillOe Paymtill2,'m.s7 Mo.:Ilo I, STATUS INFO. Non^d Va:lIN InstallmentillN 1 Deferred Bankrupt::]jN PAY TERMS N°v:t12,131.97 Dec:H2,'~s4-'~8 Jan:il2,175.38 Feb:l12,198.59 Mar:l12,220-80 Back to Search Last Updated: 1/16/2003 5:00pm http://www.co lliertax.com/RecordDetail, asp ?FoliolD=41820320000 FEB 2 5 2003 Z uJ 0 ~ J. INI'I S3J.¥J-$3 3.LY~ N3a'loe 33S ® : AGENDA ITEM~)_ FIB 2 5 2003 10 10.1 , , 27 1~ c.,4 ,- ,-*:. ! I ,~~ ~ , 'i'. , ' , 27.2 , 10 , , .. ,- ' '!' ( ) , 28.2 , 9 , , 28 ,~ , , ~ ') , , , 8.1 i t I . , 8 Z~' ~,~" , ,i ,, ,' ,, , (~ ,, I I I ~, ~.~ , , 5 ) ~'~~~ ' ' ' 31 1.1 ' , ~ I , ( I I i I ff I III -- ,,. ~ ,, ,, ~=~. FEI) 2 5 2003 .J J u I,- I-- LU .,I .( o 0 Z (.flu FEB 2 5 2003, COLLIER COUNTY GOVERNMENT TRANSPORTATION SERVICES DIVISION TRANSPORTATION OPERATIONS DEPARTMENT April 3, 2002 2705 S. HORSESHOE DRIVE NAPLES, FL 34104 (941) 774-8494 FAX (941) 659-5787 transportation@colliergov, net Jennifer Castillo, Project Coordinator PMS, Inc. of Naples 2335 Tamiami trail north, Suite 408 Naples, FL 34103 Re: Vacation of Roadway Right-of-way Tracts 7 and 8, Golden Gate Estates Unit 95 Section 4, T49S, R26E Dear Ms. Castillo: Thank you for your letter dated April 2, 2002. In your letter you requested that we provide a Letter of No Objection for the subject vacation request. Further, you referred to an earlier letter from this office regarding the same Vacation requested about two years ago. In that letter we offered no objection subject to access to an existing drainage easement. This office still offers no objection to the requested Vacation subject to Collier County's continuing right to access the existing 30' drainage easement running north-south along the subject property's western boundary as shown on the sketch accompanying your letter. If there are any questions, or if you desire additional information, please contact me at 774-8494. , dw: .o at V ra onI cc: Rick Grigg,.PSM, Engineering Review Department File: Golden Gate Estates (Vacations) "' %,Em^ mad FEB 2 5 2003 Pi. COLLIER COUNTY GOVERNMENT STORMWATER MANAGEMENT DEPARTMENT HORSESHOE SQUARE, SUITE 212 2685 SOUTH HORSESHOE DRIVE NAPLES, FL 34104 (941) 732-2501 FAX: (941) 659-5790 April 16, 2002 Ms. Jennifer Castillo PMS, Inc of Naples 2335 N. Tamiami Trail, Suite 408 Naples, Florida 34103 Subject: Coral Wood Drive Vacation Letter of No Objection Dear Ms. Castillo: The Collier County Stormwater Management Department has reviewed your request to vacate the portion of Coral Wood Drive, west of Logan Boulevard. After conducting a site visit, and looking at the information you submitted, the Stormwater Management Department has no objection on the vacation of the portion of Coral Wood Drive, west of Logan Boulevard as depicted in the sketch and legal description submitted, provided the following conditions are met: 1. A fifteen foot (15') drainage easement within the north side of the portion of Coral Wood Drive to be vacated, shall be dedicated to Collier County. 2. A copy of the recorded fifteen foot (15') drainage easement shall be submitted to the Stormwater Management Department not later than thirty days after the proposed vacation is approved. If you have any questions regarding this matter, do not hesitate to contact me. Sincerely yours John H. Boldt, P.E., P.S.M., Director Stormwater Management Department JI~/jcam CC: July C. Adarmes Minor, P.E., Engineer,Senior, Stormwater Management Department Jerry Kurtz, Engineer, Stormwater Management Department Richard.G-rigg, P.L.S., Land Surveyor, Engineering Services Department Reading File FEB 2 5 2003 F:\ Easement Vacation\ 1ennifer Casfillo July 1 I, 2000 Mr. John Houldsworth Collier County Engineering Review Services 2800 N Horseshoe Drive Naples, Florida 34104 RE: Vacation of Road Right-of-Way Dear Mr. Houldsworth: As part of the petition to vacate the above referenced Easement, we are required to get a "LeTter of No Objection" from your office. By signing the statement attached to this letter, you will be acknowledging your concurrence with our proposed vacation. Please sign where indicated on page txvo of this letter and mail the original to our office as expeditiously as possible. Requested Vacation The property is located on the north side of Logan Boulevard and Coralwood Drive in Section 4, Township 49S, range 26E, Golden Gate Estates Unit 95, bet~veen tracts 7 & 8. The requested vacation is to vacate the 60' road easement which is dedicated to Collier County and make it a private road easement to be utilized by the abutting property owners. A sketch of the proposed vacation area is attached for your review. Please note that the proposed vacation will have no adverse effects to the surrounding properties. If you have any questions or I may be of further assistance, please feel free to contact me at (941) 435,9080 x5. Sincerely, AGENDA ITEM//.') FEB 2 5 2003 2335 TaMiaMi Trail N. - Suite 408 - Naples FL 34103 / (941) 435-9080 x5 - Fax (941) 435-9082 E-Mail: PMSPenney@aoi.co~a Mr. John Houidsworth July 1 1, 2000 r~age 2 I have no objection to the proposed Right-of-Way vacation between Tracts 7 & 8, Golden Gate Estates Unit 95. For: COLLIER COUNTY ENGINEERING REVIEW SERVICES BY: ~.~_ ~.--~ (Signature) PrinteD namE: TITLE: ~~ DATE: ~ * ~ ~ I FEB 2 5 2003 2335 Tamiami Trail N.. Suite 408. Naples FL 34103 ! (941)435-9080 x5 - Fax (941)435-9082 E-mail: PMSPenney@aoi.coM COLLIER COUNTY GOVERNMENT JUL 1 4 2000 PUBLIC WORKS DIVISION July 12, 2000 3301 E. TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 732-2575 FAX: (941) 732-2526 Cindy A. Penney Project Management Services, Inc. 2335 Tamiami Trail North, Suite 408 Naples, FL 34103 Re: Golden Gate Estates, Unit 95, Between Tracts 7 & 8, Logan Boulevard & Coralwood Drive, Section 4, 'rownshap 49S, Range 26E Dear Ms. Penney: This office has reviewed your request to vacate the above-referenced easement located at Logan Boulevard and Coralwood Drive, Golden Gate Estates, Unit 95, between Tracts 7 & 8, Section 4, Township 49S, Range 26E. The Collier County Water-Sewer District has no facilities in the area and we, therefore, have no objection to the vacation of the Utility Easement. Should you have any further questions, please feel free to contact me. Sincerely, Diane Deoss Engineering Technician II CC: Paul Mattausch, Water Director Joseph Cheatham, Wastewater Director Rick Grigg, Land Surveyor, Community Development g:\diane\esmt vacation\gg est, logan & coralwood dr.doc AGENOA ITEM~ FEB 2 5 2003 Collier County Sheriff's Office 3301 Tamiami Trail East Building "J" Naples, FL 34112 Telephone (AC 941) 774-4434 August 31, 2000 Ms. Cindy A. Penney Project Coordinator PMS, Inc. 2334 Tamiami Trail N. Suite 408 Naples, Florida 34103 Petition to Vacate Easement on the property located on the north side of Lagan Boulevard and Coralwood Drive in Section 4, Township 495, Range 26E, Golden Gate Estates Unit 95, between Tracts 7 & 8. Dear Ms. Penney: Staffhas reviewed your request for a letter of '~,Io Objection" for the above described project. The project is as described in your letter of July 11, 2000 listed above, involving the vacation of an easement. The Sheriffs Office reviews these requests to determine if the granting of the vacation will have any foreseeable negative effect on our ability to provide law enforcement services to the area. These services include emergency response, patrol, and traffic enforcement. So long as the vacation, either now or in the future, does not impinge on our ability to deliver these services, the Collier County Sheriffs Office has "No Objection" to the granting of your request. If the Agency can be of any further service, please advise. Sincerely, Undersheriff' RB:GY:me CC: File July 11, 2000 Fire Chief Don PetersoN Golden GATe Fire DeparTMEnt 4741 GoldEn qate Pkwy NAples, Florida 34116 RE:(:;'{) JUL 1 ? 2.000 RE: VacaTion of Road Right-of-Way Dear Chief Peterson: As part of the Petition to vacate the above referenced Easement, we are required to get a "LeTter of No Objection" from your office. By signing the statement attached to this letter, you will be acknowledging your concurrence with our proposed vacation. Please sign where indicated on page two of this letter and mail the original to our office as expeditiously as possible. Requested Vacation The property is located on the north side of Logan Boulevard and Coralwood Drive in Section 4, Township 49S, range 26E, Golden Gate Estates Unit 95, between tracts 7 & 8. The requested vacation is to vacate the 60' road easement which is dedicated to Collier county and make it a private road easement to be utilized by the abutting property owners. A sketch of the proposed vacation area is attached for your review. Please note that the proposed vacation will have no adverse effects to the surrounding properties. If you have any questions or I may be of further assistance, please feel free to contact me at (941) 435-9080 x5. Sincerely, enney ~/ Project Coordinator FEB 2 5 2003 2335 TAmiami Trail N. - Suite 408 - Naples FL 34103 / (941 ) 435.9080 x5 - Fax (941 ) 435-9082 £.~ail: PMSPenneY@aol.com Fire Chief Don Peterson July 1 1, 2000 Page 2 I have no objection to the proposed Right-of-Way vacation between Tracts 7 & 8, Golden Gate Estates Unit 9 5. For: GOLDEN GATE FJRE DEPARTMENT PmnteD nAme:._~ .~/_.~ ~, TitLe: ~ 014~ DATE: "~'- ~.~- ~) (Signature) A~.NOA ITEM ,., FEB 2 5 2003 2335 Tamiami Trail N. - SuiTe 408 - Naples FL 34103 / (941 ) 435-9080 x5 - Fax (941 ) 435-9082 E-mail: PMSPenney@aol.com JANUARy' 3 !, 2001 Precilla Ejimofor Florida Power & Ught 4105 15th Ave SW Naples, FL 34116 re: YAcation of Ro~d Right-of-Way As part of the petition to vacate the above referenced Easement, we are required to get a "Letter of NO objection" from your office. By signing the statement attached to this letter, you will be acknowledging your concurrence with our proposed vacation. Per my conversation with Mark Johnson of your office we needed to provide a i 0e easement, 5' both sides of existing power poles, in order to get your approval for this vacation. The easement has been provided for on the attached exhibit. Please sign where indicated on page two of this letter and mail the original to our office as expeditiously as possible. Requested Vacation. The property is located on the north side of Logan Boulevard and coral~ Drive in Section 4, Township 49S, range 26E, Golden Gate Estates Unit 95, between tracts 7 & 8. The requested vacation is to vacate the 60' road easement which is dedicated to Collier County and make it a private road easement to be utilized by the abutting property owners. Please note that the proposed vacation will have no adverse effects to the surrounding properties. If you have any questions or need fumher infoP,~ation please give ME a call at 435-9080 x5. 2335 Ta~ia~i T~.il N. - Suit~ 408 - Naples FL 34103 I (941 ) 435.9080 x5 - Fax (941) 435-9082 E.wdl: PMSPF. NNeyOaOI.cO~ MR. Mark Johnson, FPL november 1, 2000 Page 2 I have no objection to the proposed Right-of. Way vAcAtiON be'll~en TrActs 7 & 8, Golden GAtE Estates Unit 95. For: FLORIDA POWER & UCd'IT PRINTED NAME: TITLE: DATE: FEB 2 5 2003 2335 TamiAmi Trail N. - Suite 408. Naples FL 34103 / (941) 435-9080 x5 - Fax (941) 435-9082 E4tail: PMSPenneyORol.co~ Work Order No. N/A Sec. 4, Twp 49S, Rge 26E Parcel I.D. # (Maintained--County Appraiser) · in consideration of the payment of $1.00 and other good and The undersig.n..ed,. ..... ., .........a receint of which is hereby acknowledged, and .assl.gus, ~u~.._~-~_r~round electric utility facilities (incl¢ing '.wi?s, .p~_,_:~ overneaa a~..ua_~;~y2 ...... , ,~,imaent) to be installed from nme to u~..~, cables, conduits ann apl~.UX~,__.~?_, ~,~r,~ ~ae, change the voltage, as wen as, me ct un ww, ,,,~ ~,, o ' the right to reconstru ,. ~ ............. ¢ them within an easement 10 feet m size of and relllOVe 5tlcll taClllll~ ot may ~,- ~, width described as follows: 'g'l'l'l 13'l OR: 2806 PG: 208] IIC01DID ll. 0[[ICIIL fi{01DS 0! COLLIIIt C001TI, IL 04/12/2001 at 10:51~ DglGlff !. 810~, CHH - ~C ~! 15.00 - ~-.~0 - ~I~ 1.00 le~: - ~ IlC i~IS ~LIS ~ ~103 A 10 foot easement as decribed on Exhibit "A* attached, Golden Gate Estates as recorded in Plat Book 9, Page(s) 45 of the Public Records of Collier County, Florida. · · r co ration to attach wires to any facilities hereunder and.l,ay cab!e and. · the n t to mat any other rson, ~firm o _,.._rl~:~ ...... -~ses' the right of ingress and elvess to sma premises .at Together .w)th gh pe e same ~or commum~,,,~ v~v-- ,_ o- · ' the easement area, .to · · · ent and to operate t~e and other obstructaons vathin . .' conduit wx.ttun .the ease? .,._ ,~_a ~,.,a v~ it cleared of all trees., undergrowth ......... ~;a,~ nf the eat area which nnght · ri t tO cleal' mc tttau ~m~ ,~,~,~r · erou$ ~ or LllllOs out~ ....... ~ all ttmes; me gh ....... u dead weak, lea~nm~ or clang · · J-~-' .... :--. and further l~ranta, to the . trilllm~l ~ gut ~u ~ , - · ~ · transmls$1on or o, lstnouuvu, w_ v. trim .and cut...and ~_,e~p ___ ,~. ,;,,~ or ~vstems of commumcatt, ons .o.r .lX~.w_er ...... ~-anted on the land heretofore described, over, inter~ere with .or taq. upgu_~u3~,...-'2'/~,~d ~o~er to urant, if at all, me rights here .maoovc < ...... m~ extent me. unaers,~e~ ~. ~rf'~ or hi~G3s adjoining or ~oug~ said property. - . er and across me roam, r~-~: "^ - -- '" -- ~- ' ' along, und ........... ~ this ~,,~ment un I/I/10, f¢ la ~ ta . i~gO_l. IN WITNESS WHEREOF, the uademgnea nas s~gnea aaa s~ ' ~'/') ( _ Iq .-, '~ ~ ' _ _ ~f. ' - turanmo~s~gnamm t / STATE OF CL.. AND COUNTY OF C ~\\ ~ e C' ~. ~. before m _ ;. r".,-x ~ ~r~-- who is(are) pemmally known to me or nasknave) proaucmu CI~ffD I~\. v~ ~'-- ,_ __ . . . . {~- as identification, and who did (did not) take un oath My Commission Expires: _ 0~' 2.5- ~:)k.~ I (:~"FICI,M, N(ItARYSF. A,L I I coma~ uo. cc~o~ I The foregoing instrument was acknowledged OR: 2806 PG: 2088 BBLS SURVEYORS & MAPPERS INC. 1502-A RAILHEAD BLVD. NAPLES, FLORIDA 34110 TELEPHONE: 941-597-1315 FAX: 941-597-5207 LEGAL DESCRIPTION UTILITY EASEMENT A PORTION OF TRACT 8, GOLDEN GATE ESTATES, UNIT NO. 95, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 9 AT PAGE 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A NORTHEASTERLY CORNER OF TRACT 7 OF SAID GOLDEN GATE ESTATES UNIT NO. 95, THENCE N.89°41 '02"W., A DISTANCE OF 50.00 FEET; THENCE N.00°19'26"E., A DISTANCE OF 22.85 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCEN. 89°41'02"W., A DISTANCE OF 460.92 FEET; THENCE N.00°32'43"W., A DISTANCE OF 10.00 FEET; THENCE S.89°41'02"E., A DISTANCE OF 461.07 FEET; THENCE S.00°I9'10"W., A DISTANCE OF l 0.00 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.11 ACRES, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO GOLDEN GATE ESTATES, UNIT NO. 95, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 9 AT PAGE 45 OF THE P~BLIC RECORDS OF COLLIER COUNTY, FLORIDA. THJS PRO'PE'RTY IS SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS 'STEPHEN ~E. B'E~ATE OF FLORIDA, (L.S. #5296) %BBLS-$IJR.VE¥ORS & MAPPERS INC., (L.B. #6753) PRCX~IL'Ea,B¥ RKF ! 2/i 8/00 (SEE ATTACHED SKETCH-9991FPLLS) tut NORTHFA~TERL Y CORNER OF TRACf GOLDEN GATE ESTAT£S UNIT PLA~ B~K 9. PAGE 45 P.O.~. LOGAN BOULEVARD GOL~N C,4r£ ESTA~S UNf~' NO. 95 PLAT BOOK 9. P~E 45 ',089 LEGEND TRACT TRACT 7 I LJ GOLDEN r~rE EStAtES ~r ~. 95 LEGAL DESCRI~ON ~ ~ 9. ~,~ ,~ NO~S: WEDGEWOOD SUBDtv?~ON PLAT BOOK 24, PAGE ~I-I9 LINE TABLE L;ne ~.~r;ng Olstonce L! N89'4t'O2'W. 50.00' L~ NOO'lg'26'E 22.85' L$ NOO'$Z'4J~I IO. O0' L4 $00'19'10'W I0.00' Sprint REC'D AUG 0 ? 2000 Box 2469 Naples, Florida 34106-2469 July 28, 2000 Ms Cindy A. Penny PMS, Inc. 2335 Tamiami Trail N. - Suite 408 Naples, Florida 34103 Re: Vacation of Right-of-Way Sec 4 Twp 49S Rng 26E Dear Ms Penny: In response to your inquiry of July 11, 2000 regarding the possibility of vacating the subject right-of-way, this is to advise that Sprint-Florida, Inc. has no objection to vacating said easement. If I can provide additional information, please contact me at (94 i) 263-6318. Sincerely, , ~ Kenneth R. Jordan Network Engineer II - E&C KRJ:HS cc: Chron File ACk. DA IT!3~4~ FEB 2 5 2003 Services July 11, 2000 JUL 14 2OOO Mr. Grant Pate Time Warner Cable 1610 40th Terr SW Naples, Florida 34116 RE: Vacation of Road Right-of-Way Dear Mr. Pate: As part of the petition to vacate the above referenced Easement, we are required to get a "Letter of No Objection" from your office. By signing the statement attached to this letter, you will be acknowledging your concurrence with our proposed vacation. Please sign where indicated on page two of this letter and mail the original to our office as expeditiously as possible. Requested Vacation The property is located on the north side of Logan Boulevard and Coralwood Drive in Section 4, Township 49S, Range 26E, Golden Gate Estates Unit 95, between tracts 7 & 8. The requested vacation is to vacate the 60' road easement which is dedicated to Collier county and make it a private road easement to be utilized by the abutting property owners. A sketch of the proposed vacation area is anached for your review. Please note that the proposed vacation will have no adverse effects to the surrounding properties. If you have any questions or I ma'/be of further assistance, please feel free to contact me at (941) 435,9080 x5. Sincerely, Project Coordinator AGEJ~)A ITeM ~ FEB 2 5 2003 .. 2335 lami^mi Trail N. - Suite 408 - Naples FL 34103 / (941) 435-9080 x5 - Fax (941) 435-9082 E-mail: PMSPEN.ey@aOi.cO~ Mr. Grant Pate July ! 1, 2000 Page 2 I have no objection to the proposed Right-of-Way vacation between Tracts 7 & 8, Golden Gate Estates Unit 95. For: TIME WARNER CABLE T I t LE ~,,~";~~/-?~ ~ J ,...~v",. DATE: ,~""~"~."-~ ! (Signature) A~A ITEM FEB 2 5 2003 2335 Tamiami Trail N. - Suite 408 - Naples FL 34103 / (941) 435-9080 x5 - Fax (941) 435-9082 E-mail: PMSPenneY@aol.com Map Output Page 1 of 1 FEB 2 5 2003 http:l/gis.collierappraiser.com/servledc°m'esri'esrimap'Esrimap?ServiceNamc=ccp~''' EXECUTIVE SUMMARY APPROVAL OF AN ORDINANCE AMENDING THE REQUIREMENTS FOR THE BLACK AFFAIRS ADVISORY BOARD QUORUM OBJECTIVE: That the Board of County Commissioners approve an Ordinance revising the Black Affairs Advisory Board's quorum requirement in order to improve the opportunity for representatives of the Board to make recommendations to the Board of County Commissioners on policies affecting the community. CONSIDERATIONS: The Black Affairs Advisory Board desires to improve its ability to reach a quorum during times when members are in transition. Under the current ordinance, there are nine (9) members who serve on the committee. Five (5) members must be present in order to reach a quorum. However, at any given time, there may be Board vacancies that make it more difficult to reach a quorum. In order to improve its opportunity for reaching a quorum, the Board has request that staff bring this matter to the Board of Commissioners for consideration so that the Ordinance can be amended to provide that the presence of fifty (50%) percent plus one of the number of appointed members shall constitute a quorum of the board necessary to take action and transact business. At least four (4) appointed members shall be present in order to transact any official business of the Board. In addition, an affirmative vote of three (3) or more members shall be necessary in order to take official action, regardless of whether four or more members of the board are present at the meeting. For example, if there are three(3) vacancies on the Board, a quorum would consist of the majority of the six (6) in office, or four (4) members. FISCAL IMPACT: There is no fiscal impact associated with this item. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: Board of County Commissioners approve this Ordinance amendment. SUBMITTED BY: ~ ~~J~ Date: HN D~CK JBLIC SERVICES ADMINISTRATOR [AISON TO THE BLACK AFFAIRS ADVISORY BOARD The Black Affairs Advisory Board recommends that the Agen da~,~I t e~jl~ ~ FEB 2 5 2003 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ORDINANCE 2003- AN ORDINANCE AMENDING THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA, AMENDING ARTICLE I1o, ADMINISTRATION, AS PROMULGATED BY ORDINANCE 91-38, AS AMENDED, AMENDING SECTION 2-950, PERTAINING TO OFFICERS, QUORUM, AND RULES OF PROCEDURE TO REVISE THE BLACK AFFAIRS ADVISORY BOARD'S QUORUM REQUIREMENT; PROVIDING FOR CONFLICT AND SEVERABILITY, INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 125, Florida Statues, establishes the right and power of counties to provide for the health, welfare and safety of existing and future residents of the County by enacting and enforcing regulations necessary for the protection of the public; and WHEREAS, in order to ensure a sufficient number of members are available to conduct the business of the Black Affairs Advisory Board; and WHEREAS, to achieve this end, the Board of County Commissioners on January 23, 2001, authorized amending the Code of Laws and Ordinances as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 33 SECTION ONE: Article II, Section 2-950, Officers, quorum, and rules of 34 procedure, of the Code Of Laws And Ordinances Of Collier County, Florida, is 35 amended as follows: 36 Sec. 2-950 Officers, quorum, rules of procedure. 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 (b) The presence of fivc cr mcm fifty (50%) percent plus one of the number of appointed members shall constitute a quorum of the board necessary to take action and transact business. At least four (4) appointed members shall be present in order to transact any official business of the board. In addition, an affirmative vote of fi':c three (3) or more members shall be necessary in order to take official action, regardless of whether five four or more members of the board are present at the meeting. SECTION TWO: Conflicts and Severability. In the event this ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any Section, phrase, sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. Agend,e_I rem FEB 2 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 SECTION THREE: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be mnumbered or re:lettered to accomplish such, and the word "Ordinance" may be changed to "Section," "Article" or any other appropriate word. SECTION FOUR: Effective Date. This Ordinance shall become effective upon filing with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Flodda, this ~ day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS Of COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Tom Henning, CHAIRMAN Approved as to form and legal sufficiency: ~cqu~ine I:l~b~a~'d~R~-nson ' A..j~sistant County Attorney Development Services ..... t. are deleted, words underlined are added. Words ....... t~:c',:' g.~. Agenda .o. /'7 L._...1 FEB 2 5 2003