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Backup Documents 02/11/2003 RBOARD OF COUNTY COMMISSIONERS REGULAR MEETING FEBRUARY 11, 2003 Naples Daily News Naples,'FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001250 200213 58602070 NOTICE OF PUBLIC MEE State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, e daily newspaper published at Naples, in Collier County~ Florida: that theat~ached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the sa~d~ newspaper has heretofore been continuously published in said Collier County, Florida, each day and has beer) entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of I year next preceding the 'first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing ~his advertisement for publiction in the said newspaper. PUBLISHED ON: 02/09 AD SPACE: 65.000 INCH FILED ON: 02/10/03 Signature of Affiant ~' ~- .......... Sworn to and Subscribed ~be~..~e me ~[l}s~/_~' )day of ~ ~- 20~'~ .o~ Donna Chesr~ey ~ ~ ~ ~ My Commissi~ DD0563~ NOTIc]= OF PUBLIC MEETING BOARD OF COUNTY COMMISSIONERS, COt. LIER COUNTY, FLORIDA T !Notice Is hersb¥ ~thot the CoUler County ~ard of Coum~ Commt~- s~o~'s wll! m~' In the Bo~'d's Chaml~'$ on ~e Third Floor of the W. Her. mort Turner Building (Building F) ~ the Collier County Government Corn. IHex, 3301 Eost Tomloml Trello Neples, Florida, conduct the business o~ Colller County of the obove stored time Col)les of the ~gend~ forl sold meeting will be[ made.~aveNebJe--to tbel press end mov be ob-I marion OffiCe, Iocafedl on the First Fl~or of W. Harmon Turner Bulld-I lng. Id Any person who dec - .j, t sO OJ record of the proceed-I Ing.s .perfglnl~g thereto~l aha meretm'e mm/ ne~ll ~ ensure th~ a verba-I tim record of the pro- ceilings Is made~ ~hlcl~ r~.ord Includes the mon¥ and evidence u~n which ~e al~peal I$ tm I~e I~lsed, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA Tom Hennlng, Chair man DWIGHT E. BROCK~ CLERK By: /s/ Moureen Ken. yon, Deputy Clerk Feb.9 No. 82167 RECEIVED FEB 1 8 2003 F-INAN~.F ~EP~ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA February 1 l, 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 1S 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 1 February 11, 2003 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. e ® e e e LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE A. Associate Pastor Roy Fisher, First Baptist Church o£ Naples AGENDA AND MINUTES A. Be Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) Approved and/or Adopted with changes - 5/0 January 14, 2003 - Regular Meeting Approved as Presented - 5/0 SERVICE AWARDS PROCLAMATIONS PRESENTATIONS PUBLIC PETITIONS Withdrawn: A. This item continued from the January 28~ 2003 BCC Meeting. Public Petition request by Mr. Jim Kramer to discuss Selective Non-Enforcement of the Collier County Sign Ordinance. Be Public Petition request by Mr. Jim O'Shea to discuss a modification of the license of The Willough at Naples. 2 February 11, 2003 To be brought back as a regular agenda item. Continue to March 11, 2003 .C. Public Petition request by Dr. Theodore Raia to discuss site plan for Cap d'Antibes at Waterpark Place in Pelican Bay. De Public Petition request by Mrs. Julie Sturdivent to discuss a proposed public neighborhood park in Livingston Woods. To be brought back as a regular agenda item. ge Public Petition request by Mr. Larry Basik to discuss sign and school bus shelter in R.O.W. located at 14th Street and Cypress Woods Drive. Discussed-No Action 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS Ae This item has been continued from the December 17, 2002 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. RZ-2001-AR- 1649, Robert L. Duane, of Hole Montes Inc., representing Craig D. Timmins, Trustee, requesting a rezone from RSF-3 to C-1 for property located South of Immokalee Road on the East side of Veterans Park Drive, in Section 26, Township 48 South, Range 25 East, Collier County, Florida. Motion to deny - Approved 3/2 (Commissioners Henning and Coyle opposed) Be This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members Petition No. CP-2000- 6, Growth Management Plan Amendments for the Immokalee Road/Collier Boulevard Area (Heritage Bay Development of Regional Impact) to establish the "Urban-Rural Fringe Transition Zone Overlay" for Sections 13, 14, 23, 24, T48S, R26E, Collier County, Florida, by: Amending the Future Land Use Element and Map Series; amending the Sanitary Sewer Sub- Element of the Public Facilities Element; amending the Potable Water Sub- Element of the Public Facilities Element; amending the Water and Sewer Service Boundary Map of the Public Facilities Element; providing for severability; and, providing for an effective date. (Adoption Hearing-Dri- 3 February11,2003 e Related Amendment) Ord. 2003-07 Adopted w/stipulations - 5/0 BOARD OF COUNTY COMMISSIONERS Ae Appointment of members to the Land Acquisition Committee. Res. 2003-76 appointing to a 3-year term: Ellin Goetz, Wayne Jenkins, and Willis P. Kriz; appointing to a 2-year term: Linda A. Lawson, William H. Poteet, Jr., and Kathy Prosser; appointing to a 1-year term: John E. Carlson, Michael J. Delate, and Marco A. Espinar - Adopted 5/0 Be Appointment of member to the Collier County Planning Commission. Res. 2003-77 appointing Bradley William Schiller - Adopted 5/0 Ce Appointment of members to the Collier County Code Enforcement Board. Res. 2003-78 appointing Albert Doria, Jr., Kathryn Godfrey, Gerald J. Lefebvre and Goerge P. Ponte - Adopted 5/0 De Appointment of member to the Workforce Housing Advisory Committee. Res. 2003-79 appointing Vincent A. Cautero - Adopted 5/0 Eo Confirmation of members to the Collier County Coastal Advisory Committee. Res. 2003-80 appointing John Arceri and Bedford Biles - Adopted 5/0 Moved from Item//10C F. Approve the "Orangetree Government Service Day" Event and related Budget Amendment. (Jim Mudd, County Manager) Approved 3/2 (Commissioners Henning and Coyle opposed) Moved from Item//10D G. Approve payment of construction cost differential to Florida Power and Light for underground electrical distribution lines in lieu of overhead power distribution lines along 91 st Avenue North, not to exceed $60,000. (Joseph Schmitt, Administrator, Community Development) To be brought back on February 18, 2003 as Emergency BCC Meeting - Approved 5/0 4 February 11, 2003 10. COUNTY MANAGER'S REPORT Ae Adoption of a Resolution opposing discrimination against all citizens of Collier County. (Debbie Wight, Assistant to the County Manager) Resolution 2003-81 - Adopted 4/1 (Commissioner Coyle opposed) Be Adoption of Resolutions authorizing the issuance of Collier County, Florida Gas Tax Revenue Bonds, Series 2003 in order to effect such financing and refinancing; providing certain terms and details of said bonds, including authorizing a negotiated sale of said bonds; delegating certain authority to the Chairman for the execution and delivery of a purchase contract; appointing the Paying Agent and Registrar for said bonds; and providing an effective date. Copies of the Gas Tax Revenue Bond is on display in the County Manager's Office, 3301 East Tamiami Trail, 2"d Floor, W. Harmon Turner Building, Naples. (Michael Smykowski, Director, Office of Management and Budget) Res. 2003-82 authorizing Collier County's Road Improvement Refunding Revenue Bonds, Series 1995 - Adopted 5/0; Res. 2003-83 adopting the Supplemental Resolution authorizing matters such as a negotiated sale of bonds - Adopted 5/0. Associated Budget Amendments - Approved 5/0 Moved to Item #9F C. Approve the "Orangetree Government Service Day" Event and related Budget Amendment. (Jim Mudd, County Manager) Moved to Item #9G D. Approve payment of construction cost differential to Florida Power and Light for underground electrical distribution lines in lieu of overhead power distribution lines along 91 st Avenue North, not to exceed $60,000. (Joseph Schmitt, Administrator, Community Development) ge Staff requests the Board of County Commissioners adopt a Resolution repealing Resolutions pertaining to Land Acquisition, delay acceptance of recorded easements for Whippoorwill Lane and clarify Collier County's position. (Norman Feder, Administrator, Transportation Services) Resolution 2003-84- Adopted 5/0 Moved from Item #I 6A2 5 February 11, 2003 Fe Approval of a specific expenditure for an Affordable Housing Lenders' Workshop sponsored by the Financial Administration and Housing Department. Approved - 5/0 Moved from ltem #16F2 G. Approve the Local Government Access Television Policies and Guidelines. Approved as amended - 5/0 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Bob Krasowski re zero waste workshop. 12. COUNTY ATTORNEY'S REPORT A® Presentation by staff to Board of County Commissioners for its review of a proposed settlement offer in the Companion Impact Fee Collection Cases of Collier County v. Nationwide and Nationwide v. Collier County. Staff's recommendation to reject Homewood's offer approved - 5/0 Be Consideration of approval of Settlement Agreement and Mutual Release for previously unpaid educational, community and regional parks and library impact fees for Arden Courts at Lely Palms and Manor Care at Lely Palms. Staff's recommendation to accept settlement agreement - Approved - 4/1 (Commissioner Halas opposed) 13. OTHER CONSTITUTIONAL OFFICERS Continued to February 25, 2003 A. 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 A. Potential purchase of two homes on Tropicana Boulevard to create an entrance to the proposed new high school in Golden Gate City. Discussed Update re Vellagio Grand litigation. 6 February 11, 2003 Be C. Discussion re Conservation Collier 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. Approved and/or Adopted- 5/0 A® COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Petition AVESMT2002-AR3349 to disclaim, renounce and vacate the County's and the Public's Interest in two 30 foot wide parcels of land conveyed to Collier County by separate instrument for road right-of- way, utilities and drainage, as recorded in Official Record Book 484, Page 523 and Page 525, Public Records of Collier County, Florida, located in Section 21, Township 48 South, Range 26 East. Res. 2003-65 Moved to Item #10F 2) Approval of a specific expenditure for an Affordable Housing Lenders' Workshop sponsored by the Financial Administration and Housing Department. 3) Code Enforcement Lien Resolution Approvals. Res. 2003-66 and 2003-67 4) Approve 2003 Tourism Agreement with Naples Botanical Gardens for Tourist Development Special Museum Grant of $500,000. 5) Approval of one (1) Impact Fee Refund Request totaling $68,220. To Dolphin Cove Development of Goodland, Inc. 6) Final acceptance of Water Utility Facilities for The Dunes, Phase 1. w/release of Utilities Performance Security 7) Final acceptance of Water Utility Facilities for The Dunes, Phase 2-A. w/release of Utilities Performance Security 7 February 11, 2003 Be 8) Recommendation to approve the early excavation of the Lake System at the proposed Arrowhead PUD located in Section 31, Township 46 South, Range 29 East, bounded on the South and West by land zoned A-MHO, on the East by Carson Road and land zoned A-MHO, and on the North by Lake Trafford Road and land zoned agricultural. w/posting of Security Bond in the amount of $25,000 9) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Island Walk Phase Four". Res. 2003-68 10) Request to approve for recording the final plat of "Indigo Lakes Unit Six" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. w/stipulations 11) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Pelican Marsh Unit Two". Res. 2003-69 12) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Pelican Marsh Unit Six". Res. 2003-70 13) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Pelican Marsh Unit Twenty". Res. 2003-71 TRANSPORTATION SERVICES 1) Approve a Budget Amendment to recognize a developer contribution in the amount of $7,500.00 for the Wiggins Pass Road Outfall Project (Project No. 51212). 2) Recommendation to award Bid #03-3460 - "Purchase of One (1) 4,000 Gallon Water Truck" to Wallace International Trucks, Inc., in the amount of $92,900. 8 February 11, 2003 3) 4) 5) Approve an Easement Agreement and accept an Access Easement which is required for periodic maintenance of the Golden Gate Main Canal under the bridge constructed at 13th Street SW (Project No. 69068). Fiscal Impact: $7,360. Approve Change Order No. 2 to the lmmokalee Road/I-75 Interchange Construction Contract in the amount of $378,114.66 which includes a portion of work to be paid for by Brentwood Land Partners, LLC. (Project No. 66042A) w/Better Roads, Inc. Approve a Change Order in the amount of $30,366.70 with Better Roads, Inc. for median improvements on Pine Ridge Road, Project No. 60016. C. PUBLIC UTILITIES 1) 2) Approve an Easement Agreement and accept a Utility Easement for the Golden Gate Wellfield Reliability Improvements Project at a cost not to exceed $1,500.00. w/stipulations Approve an Amendment to Work Order SC-02-45 with Surety Construction Company, for the North County Regional Water Treatment Plan Noise Abatement, Project 70063, in the amount of $10,276.69. De 3) Approve a Work Order with Greeley and Hansen LLC to perform an Inflow and Infiltration Study for the South County Wastewater Service Area in the amount of $297,880, Project Number 73164. Public Utilities Engineering Director to execute the Work Order PUBLIC SERVICES 1) Acceptance of an additional $66,179 in State Aid to Libraries in FY03. 2) Award of Bid #03-3438 to Golden Gate Nursery and Sod and Leo's Sod for purchase and delivery of turf at a projected cost of $70,000. 9 February11,2003 .E. 3) Approval of contract to Sweet, an Ortivus Company, for the purchase of billing software for the EMS Department in the amount of $25,435. ADMINISTRATIVE SERVICES 1) 2) 3) 4) 5) To Award RFP 03-3447 "Office Supplies and Office Furniture" at an estimated annual cost of $350,000. To Marco Office Supply Approval of the attached Resolution providing for the Acceptance of Conveyances made in compliance with Development Commitment Requirements of all Ordinances and Agreements or as an integral part of Capital Improvement Projects and authorizing the Board of County Commissioners' Chairman, during the 2003 Calendar Year, to execute certain documents required in connection therewith. Res. 2003-72 Approval of a Resolution authorizing the Chairman of the Board of County Commissioners, Collier County, Florida, to execute deeds and agreements for deed to right of interment for the purchase of burial plots at Lake Trafford Memorial Gardens Cemetery during the 2003 Calendar Year. Res. 2003-73 Approval of a Resolution authorizing the Chairman of the Board of County Commissioners, Collier County, Florida, during the 2003 Calendar Year, to execute agreements, deeds and other documents required for the sale of GAC Land Trust Property. Res. 2003-74 Approve the Award of RFP//03-3441, "Air Filtration Services and Supplies", to Kleen Air Research, for annual air filter services in the amount of $73,000. Fe 6) Award Bid//02-3314 for the advertising of Delinquent Real Estate and Personal Property Taxes at an annual cost of $63,680. Awarded to the Naples Daily News COUNTY MANAGER 10 February 11, 2003 1) Approval of Budget Amendment Report-Budget Amendment #03-180 for $25,000 to complete several ADA related projects, including the installation of a handicap parking area at the Law Library, and new railings at Development Services and the Marco Island Library. Moved to Item #10G 2) Approve the Local Government Access Television Policies and Guidelines. G. AIRPORT AUTHORITY He Je Ke BOARD OF COUNTY COMMISSIONERS 1) Commissioner Henning request for approval to attend EDC Installation of Officers Dinner as serving a valid public purpose. In the amount of $85 MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file with action as directed. OTHER CONSTITUTIONAL OFFICERS 1) That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the detailed report of open purchase orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. COUNTY ATTORNEY 1) 2) Request that the Board of County Commissioners authorize Chairman Tom Henning to sign the attached Agreement authorizing the Collier County Sheriff's Office to have Traffic Control Jurisdiction over private roads within the Island Walk Subdivision. Recommendation that the Board of County Commissioners waive the Purchasing Policy, to the extent that is necessary, and ratify and authorize the Retention of Thomas G. Pelham, Esq., as a consultant or expert on Land Use Planning Issues in Aquaport v. Collier County, February 11, 2003 Case No. 2:01-CV-341-FTM-29DNF, now pending in the United States District Court for the Middle District of Florida and authorize the Chairman to sign any necessary Retention Documents. 3) Recommendation that the Board of County Commissioners waive the purchasing policy to the extent it may be necessary and authorize the County Attorney to hire the Firm of Carlton, Fields pursuant to the County's continuing with that firm and specifically Attorney's Marti Chumbler and Donald Hemke to defend the County in an alleged Class Action Lawsuit for Inverse Condemnation and Invalidation of Moratorium that is styled Century Development of Collier County, Inc., et al, v. deb Bush, et al, Case No. 03-117-CA-HDH, now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, and approve funding and Budget Amendment. 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. Ae CU-2002-AR-2836 Craig Smith, Owner and Operator of Naples Progressive Gynmastics, an existing facility, is seeking approval for Conditional Uses "19" and "20" of the Agricultural "A" Zoning District for Sports Instructional Schools and Camps and Sporting and Recreational Camps property located at 3275 Pine Ridge Road in Section 12, Township 49 South, Range 25 East, Collier County, Florida. Res. 2003-75 18. ADJOURN 12 February 11, 2003 INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 13 February 11, 2003 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING February 11, 2003 WITHDRAW ITEM 6A: Public Petition request by Mr. Jim Kramer to discuss Selective Non-Enforcement of the Collier County Sign Ordinance. (Petitioner request.) CONTINUE ITEM 6C To March 11, 2003 BCC MeetinR: Public Petition Request by Dr. Theodore Raia to discuss site plan for Cap d'Antibes at Waterpark Place in Pelican Bay. (Petitioner request.) MOVE ITEM 10C to 9F: Approve the Orangetree Government Service Day" event and related budget amendment. (Commissioner Henning request.) MOVE ITEM 10D to 9G: Approve payment of construction cost differential to Florida Power and Light for underground electrical distribution lines in lieu of overhead power distribution lines along 91`t Avenue North, not to exceed $60,000. (Commissioner Henning request.) CONTINUE ITEM 13A to February 25, 2003 BCC Meeting: Discussion regarding construction of the North County Library and the expansion of the North County Wastewater Reclamation Facility. (Clerk's request.) MOVE ITEM 16(A)2 To 10F: Approval of a specific expenditure for an Affordable Housing Lenders' Workshop sponsored by the Financial Administration and Housing Department. (Commissioner Henning request.) MOVE ITEM 16(F)2 To 10G: Approve the Local Government Access Television Policies and Guidelines. (Commissioner Coyle request.) NOTES: Against 16(A)8 - A security bond in the amount of no less that $25,000 and no greater than $125,000 as determined by the staff depending on the sequence and magnitude of excavation. January 2003: Attemion: County Commissioners, I'_~1 ~-, .~ _ . , a Neighborhood park'[n Livingston Woods. 61] .~ z~7 7 6D "NO" I do not want a n~ park:. b ,/ "NO" I do not want a neighborhood park. ,-~ ~ ~l. 6~ January 2003: Attention: County Commissioners, "NO" We do not w~t a Neighborhood park in Livingston Woods. ~ 7 SEE 8-49-26 "YES" I wanypublic Neighborhood park. 611 6E Legal Description of Subject Property: Subdivision: ~4 fmmt ~ 0.3~ ~,~Unit ~ Section -~ 2_.. Twp. t4~ ~ Range '~b~'-/~ Lot (s) Property I.D. # Block (s) Metes & Bounds Description: / d 'i-o Address of Sign Location: /Jr ~ ~-AJ T-ld.d Current Zoning and Land use of Subject Parcel: ~')42~ ! D (a2 V't. ,__ Length & Height of wall upon which the Sign will be secured: (If Wall Sign) Width of Subject Property: 6 0 I t,l..~ ~ IZ~, (Road Frontage) Nature of Petition Provide a detailed explanation of the variance request including what signs are existing and what is proposed; the amount of encroac~ent proposed using numbers, i.e. reduce setback from 15' to 10'; why encroac~ent is necessa~; how existing encroac~ent came to be; etc. Application for Sign Variance Petition - 8/98 EXHIBIT ! ,~_. ~. Io'~ 6E 5. 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. / - / ~ ~../ . ~ , 6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. 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. Will granting the variance be consistent with the growth management plan. Application for Sign Variance Petition - 8/98 Page 4 of 6 Other Considerations: We initially had an entrance off of Goodlette Road. Based upon the staff request to limit entrances off Goodlette, we changed the entrance to 14th and Cypress. This change was not really what we wanted. We believed that this is what the staff and county wanted. In lieu of that, we feel that some consideration should be granted to allow us to have this variance so our project is not effected by a lack of signage and visibility. As it is currently, we would not be able to have a sign for our entrance in any visible location from the intersection. Also, the entrance to our site took into consideration the cypress trees and wetland areas that were important to the county environmentalist, despite the idea that we had mitigated for the wetlands. We just feel made major Concession to the county and feel as though this variance is small in comparison. 24 6E PERGOLA SEAT This trelliswork arbor with seating area, shown above, is at the Union Square Gardens in Osaka, Japan. The Pergola Seat is ideal as a privacy screen or as an architectural element in any garden, large or small. DALTON PAVILIONS 6E 6E Gl ~ 7 'v",',.4_---Ud//g 9 A1 'Z~NOZ), G' I \ N Hcming~vay Place is a 25-home site gated community, located between Goodlette Road & UTS 41. Residents will enter the gated conm, unity at the intersection of 14th Street North & (]ypress \'XToods Road. YVithin 1 to 2 miles of Venetian Village Shopping Center, (~oastland Mall, \'¥aterside Shops, local beaches, the Naples Philharmonic, the Conservancy and various local banks. 'v¥ithin 3 to 4- miles of the 3rd Street shops, 5th Avenue shops and restaurants, Tin City shops, Naples Pier; and ~he Naples C(m~munity Hospital. One block t'roln two exclusive gol[' courses. 'VX;ithin the Seagate I~;lementary School, Gul[:v, iew 1Middle School, and Naples High School District. (;onsidcrcd ()ne of' thc })est school districts in Collicr Cotmty. 721) (;ooctlettt~ Rtl., Suite 305 o Naples, 1"!~ 34102 ° (0tl-2(52-3210 These drawings arc conct~ptual nnd gu'c ()lily t})F Ih~' ctH~x'(~i~'~t'~' ~' ~'t~tk~rt'~t:{~. ~['ht'y' sh~mltl n{)l I){' rt'lit~(t Ul)~m as exl)r~'ss or iml)licd rclm'S~nlntion o1' tht' Ihutl detail (>f' tht- rt~sid{.n('cs. 'l'hc }ndlclcr/(tt.v~qt)pcr l'¢.st-Fxt~s t}l{' Fight 1(~ makt' tnl>(li[~c;ttions t~r rt'¥isi~ms to {~'attn'('s, I)lm~s, programs i~nd pricing with~mt i>ri~n' notice. COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBI 'rC I-IEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement I"l Other: (Display Adv., location, etc.) Originating Dept/Div: Comm. Dev. Scrv./Planning Person: Fred Reisch~a~: 10/25/01 Petition No. (If none, give brief description): RZ-2001-AR-1649, East Veterans Park Office Site Petitioner: (Name & Address): Robert L. Duane, Hole Montes, Inc., 950 Encore Way, Naples, FL 34110 Name & Address of any person(s) to be notified by Clerk's Office: Craig D. Timmins, Trustee, 76 Carribean Road, Naples, FL 34108 Hearing before n BCC [] BZA [] Other Requested Hearing date: November ~, 2002__ Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News [] Other [] Legally Required Proposed Text: (Include legal description & common location & Size: RZ-2001-AR-1649, Robert L. Duane, of Hole Montes, Inc., representing Craig D. Timmins, Trustee, requesting a rezone from RSF-3 to C-1 for property located South of Immokalee Road on the east side of Veterans Parkway, in Section 26, Township '48 South, Range 25 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? [] Yes [] 113-138312-649110 No If Yes, what account should be charged for advertising costs: ~iew. e~d by: · ~ Approved by: Division H~?I Date County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS Ao For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request fo: same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to Clerk's Office [] Requesting Division [] Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: o Date Received: Date of Public hearing: Date Advertised: ORDINANCE NO. 02 - AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8526N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED SOUTH OF IMMOKALEE ROAD (C.R. 846) ON THE EAST SIDE OF VETERANS PARKWAY, IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORDA, FROM RSF-3 TO C-l; PROVDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert L. Duane, AICP, of Hole Montes, Inc., representing Craig D. Timmins, Trustee, of the Veterans' Office Park Trust, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the real property as more particularly described by Exhibit "A", attached hereto and incorporated by reference herein, and located in Section 26, Township 48 South, Range 25 East, Collier County, Florida, is changed from RSF-3 to C-l, and the Official Zoning Atlas Map numbered 8526N, as described in Ordinance 91-102, the Collier County Land Development Code is hereby amended accordingly. The herein described real property is the same for which the rezone is hereby approved subject to the stipulations in Exhibit "B". SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ., 2002. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, CHAIRMAN Approved as to Form and Legal Sufficiency Mmjorie ~gl~. Student ' /- Assistant County Attorney RZ-2001-AR-1649/FPJIo RZ-2001-AR-1649 LEGAL DESCRIPTION THAT PORTION OF THE WEST 1/2 OF THE NE 1/4 OF THE NW 1/4 OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST LYING SOUTH AND WEST OF SOUTHWlNDS ESTATES; AND THE EAST 8 FEET OF THE EAST 1/2 OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25, COLLIER COUNTY, FLORIDA. EXHIBIT "A" RZ-2001-AR-1649 REZONE CONDITIONS 1) 2) 3) 4) 5) 6) 7) Building height shall be one story with a maximum of 18 feet. A Type "D" Landscape Buffer, eight feet in width, shall be indicated on the Site Development Plan. The buffer shall begin at the Immokalee Road property line and continue south to the Cocohatchee River. The following uses, generally permitted in the C-1 Zoning District, shall not be permitted on the parcel of property that is subject to the rezone. They are: barbershops (group 7241); beauty shops (group 7231); shoe repair shops and shoeshine parlors (group 7251); individual and family social services (group 8322). Parking lots at the rear of structures abutting the Cocohatchee River are prohibited. A Type "B" Landscape Buffer along the Cocohatchee River shall be indicated on the Site Development Plan. The buffer shall incorporate the existing native vegetation. A wall shall not be required along the Cocohatchee River. A sidewalk, six feet in width, connecting Bethany Place to Veterans' Park Drive through the buffer required in condition 2, shall be indicated on the Site Development Plan. EXHIBIT "B" October 14, 2002 Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Heating to Consider Petition RZ-2001-AR- 1649 Dear Georgia: Please advertise the above referenced petition on Sunday, October 20, 2002 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure Charge to: 113-138312-649110 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, November 5, 2002, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NITMBERED 8526N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY LOCATED SOUTH OF IMMOKALEE ROAD (C.R. 846) ON THE EAST SIDE OF VETERANS PARKWAY, IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, FROM RSF-3 TO C-i; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. Petition RZ-2001-AR-1649, Robert L. Duane, of Hole Montes, Inc., representing Craig D. Timmins, Trustee, requesting a rezone from RSF- 3 to C-1. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES N. COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) October 14, 2002 Mr. Robert L. Duane HoleMontes, Inc. 950 Encore Way Naples, FL 34110 Re: Notice of Public Hearin9 to consider Petition RZ-2001-AR-1649 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 5, 2002, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 20, 2002. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk Enclosure October 14, 2002 Craig D. Timmins, Trustee 76 Carribean Road Naples, FL 34108 Re: Notice of Public Hearing to consider Petition RZ-2001-AR-1649 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 5, 2002, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 20, 2002. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk Enclosure Ellie J. Hoffman To: Subject: legals@naplesnews.com Petition RZ-2001-AR-1649 Hi Georgia, KindLy advertise the above as indicated on the attached. RZ-2001-AR-16q.9. RZ-2001-AR-1649. doc doc Thank you. Ellie Ellie J. Hoffman From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Tuesday, October 15, 2002 10:38 AM Ellie J. Hoffman Delivered: Petition RZ-2001-AR-1649 Petition RZ-2001-AR-1649 <<Petition RZ-2001-AR-1649>> Your message To: legals@naplesnews.com Subject: Petition RZ-2001-AR-1649 Sent: Tue, 15 Oct 2002 10:41:47 -0400 was delivered to the followin9 recipient(s): legals on Tue, 15 Oct 2002 10:38:24 -0400 Petition RZ-2001-AR- 1649 Ellie J. Hoffman Page 1 of 1 From: legals [legals@naplesnews.com] Sent: Tuesday, October 15, 2002 11:38 AM To: Ellie J. Hoffman Subject: RE: Petition RZ-2001-AR-1649 RCVD georgia ..... Original Message ..... From: Ellie J. Hoffman [mailto:Ellie. Hoffman@clerk.collier.fl.us] Sent: Tuesday, October 15, 2002 10:42 AM To: legals@naplesnews.com Subject: Petition RZ-2001-AR-1649 Hi Georgia, Kindly advertise the above as indicated on the attached. Thank you. Ellie <<RZ-2001 -AR-1649.doc>> <<RZ-2001 -AR-1649.doc>> 10/15/2002 RZ-2001.AR-1649 NOTICE OF INTENT TO CONSlt:~ ORDLNANCE ~ NapLes DaiLy News N~ca 15 hereby given that en TUESDAY, Ne- . NapLes, FL 34102 vember 5, ~ _20~ rnFkmr~' Affidavit of PubLication :- :NapLes-DaiLy News` - , :\*~er~.~,_33el Emt ............. ...... ---;---'. - ,, - BOARD OF COUNTY COMMISSIONERS CNERI LEFARA Ordinance b m tollew~ PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 113138312649 5853881? RZ-2001-AR-1649NOTIC State of FLorida County of CoLLier Before the undersigned authority, personaLLy appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the NapLes 0aiLy News, a daily newspaper published at NapLes, in CoLLier County, FLorida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said NapLes Oait¥ News is a newspaper published at NapLes, in said CoLLier County, FLorida, and that the said newspaper has heretofore been continuously published in said CoLLier County, FLorida, each day and has been entered as second cLass mail matter at the post office in NapLes, in said CoLLier County, FLorida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor proeised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for pubLiction in the said newspaper. PUBLISNEO ON: 10/20 AD SPACE: 147.000 1NCH FILED ON: 10/21/02 ........................... ...... ......... S,orn to and Subscr ibed ~4~re .~i sc~/q~ay of (~/' 2(~ c~ PersonaLLy known by me ~. ~..xI~0-~/',~'~D~ AN ORDINANCE N~tNG ORDI. NUMBER 91.14 THE COLLIER COU TY LAND DEVELD MENT CODE ESTABLISHED COMPREHENSIVE 7.0 RATED ~aeA COLLIER COUNT'~ FLORIDA. BY AMENI: lNG ~ OFFK::IA NUMBERED ~ aY CHANGING THE ZON- OF THE F~REIN -i SCRIBED REAL ERTY LOCATED SOUTH OF IMMOKA- LEE ROAD (CR. ON THE EAST SIDE OF i~T~JtAN$ Pi~tKWAY, $~CTION ~ TO~N- SHIP 48 SOUTH, RANGE 2S EAST, COLLIER FLORIDA, COUNTY, TO FROM PROYDING STAFF AND PLANNING COMMISSION STIPU- LATIONS: AND BY PROVIDING AN EF- FECTIVE DATE. Peflflen RZ.~001-AR. of. Hole Mardes. Inc.,I ~m~ns, Trustee, re-~ ~'~C-~. rezene from Ca,el_ of tbe pr~_.d B0ant c~d ere evall~le for in~ectlon. All In. wishing to sm~ak an an~ may be allotted 10 m u~s to ~ on an Item. Persons wishing to have wrltton or eraahlc ma- terials Include~ In the Board subm%~id pockets must mofer. Iai a minimum of 3 weeks prior to the re. specflve public hearing. In any cma, wrlt~n mo. terlols Iofe~led to be considered by the Boord eall be submlttod to~ ~ a minimum of sev-I en devs ~rler to thai public hare'lng. All mu-I terlal used In prraen~-I ~lons betm'e ~e Bo~dl will become o perma-I nenf ixrf of the record. I Any per,an who 'decldesl to cresol a cleclslon of~ Ibp Board will need a~ record of the proceed.~ Ings perkdnlng thereto~l ~nd therefore, rn~¥~ need to ensure thof al veHxltll~_ re~rd ~ ~/ ~-~i-e-e-e-e-e-e~ngs Ismode, I which record Inc|udeJl the testimony 'end BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES N. COLETTA~ CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/EIIle Hoffman D~..~ Clerk No, 246~ RECEIVED NOV 0 5 2002 FINANCE DEPT Sunflower Maureen A. Kenyon Page 1 of 1 From: Sent: To: Cc: Martin, Cecilia Tuesday, November 05, 2002 4:02 PM Minutes and Records; Oldham, Laurie; Filson, Sue; Brock, Mary; Bedtelyon, Linda Reischl, Fred Subject: RZ-01-AR-1649 Please be advised the petitioner has requested this petition be reheard at the December 17, 2002, BCC meeting This petition was heard and continued from the November 5, 2002, meeting. The advertising deadline will be at 6 weeks, therefore the applicant will pay for the BCC meeting readvertisement. Cecilia 5~4artin Current ®fanning ®fanning Cfech 403-2467 November 6, 2002 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition RZ-2001-AR-1649 Dear Georgia: Please advertise the above referenced petition on Sunday, December 1, 2002 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Teri Michaels, Deputy Clerk Enclosure Charge to: 113-138312-649110 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, December 17, 2002, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8526N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY LOCATED SOUTH OF IMMOKALEE ROAD (C.R. 846) ON THE EAST SIDE OF VETERANS PARKWAY, IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, FROM RSF-3 TO C-i; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. Petition RZ-2001-AR-1649, Robert L. Duane, of Hole Montes, Inc., representing Craig D. Timmins, Trustee, requesting a rezone from RSF- 3 to C-1. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. PerSons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES N. COLETTA, CHAIRMAN DWIGHT E~. BROCK, CLERK By: /s/Teri Michaels, Deputy Clerk ( SEAL ) November 6, 2002 Mr. Robert L. Duane HoleMontes, Inc. 950 Encore Way Naples, FL 34110 Re: Notice of Public Hearing to consider Petition RZ-2001-AR-1649 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 17, 2002, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, December 1, 2002. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teri Michaels, Deputy Clerk Enclosure November 6, 2002 Craig ~D. Timmins, Trustee 76 Carribean Road Naples, FL 34108 Re: Notice of Public Hearing to consider Petition RZ-2001-AR-1649 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 17, 2002, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, December 1, 2002. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teri Michaels, Deputy Clerk Enclosure Teri Michaels To: Subject: legals@naplesnews.com ATTN: GEORGIA RE: RZ-2001-AR-1649 Thonks! RZ-2001-AR-1649( 1).doc RZ.-2001-AR- 1649( 1).doc Teri Michaels~ From: Sent: To: Subject: postmaster@clerk.collier.fi.us Wednesday, November 06, 2002 10:26 AM Teri Michaels Delivery Status Notification (Relay) ATT130764.txt ~,TTN: GEORGIA RE: RZ-2001... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com Teri Michaels From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Wednesday, November 06, 2002 10:21 AM Teri Michaels Delivered: ATTN: GEORGIA RE: RZ-2001-AR-1649 S, TI'N: GEORGIA RE: RZ-2001... ~ATTN: ~,EOP, G[A RE: RZ-2001-AR-1649>> Your message To: legals~noplesnews.com Subject: ATTN: GEORGTA RE: RZ-2001-AR-1649 Sent: Wed, 6 Nov 2002 10:25:38 -0500 was delivered to the following recipient(s): legals on Wed, 6 Nov 2002 10:21:23 -0500 ^ A 0 V V A ^ V V rn z(~ 0 <o - NapLes DaiLy News NapLes, FL 34102 Affidavit of PubLication NapLes DaiLy News BOARD OF COUNTY COMMISSIONERS CHER! LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 113138312649 585650~9 RZ-2001-AR-16~9NOTIC State of FLorida County of ColLier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, FLorida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, FLorida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida/ for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person/ firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for pubLiction in the said newspaper. PUBLISHED ON: 12/01 AD SPACE: t47.000 INCH FILED ON: 12/02/02 ........ ................ Sworn to and Subscribed/b.e~e m~ Personally knoun by ee I/~. L ~ ~/~- A~MENDING OROINANCEoRDi. NANCE NUMBER 91-10~ THE COLLIER COUN. TY LAND DEVELOP. ~a~HENSIVE ZON. lNG RIEGULATION-~ FOR THE UNINCORPO. RATED AREA OF COLLIER COUNTY FLORIDA, BY AMEND~ lNG THE -OFFICIAL ZONING ATlaS MAP ~N $fiCTION , TOWN- HIP 41 SOU1 RANGE ~ _.FJ~T, :OLLIER iTAFF AND ~LANNING Persons wiShing .~ have[, terlal$ Inc~.a~a ~.~ets lei a minimum of 3 specflve pumlc .neanng,J E~gaered bY the d~'s prior to P ./ hearln~ All materlou used In prese.r~flor).s,I before the Becu'O ~=lx~he raecer~r mane mI Any per~. n w~h_o_._,c~_Jd! the Board will neea record of the procee Ings ..p~rfaln. lng there and..'merefore~ neea ~o ensure. verbatim reco~.e m pr ngs Is rn~ w~lc°cc~mdtrecord In~. lu¢ BOARD OF COUNTY CON~ISSlONERS r~ ~- COLLIER COUNTY, U b' FLORIDA JAMES N, CoLETTA, FI N~ C~A~R~N DWIGHT E. BROCK, CLERK By:/,U'~c~Chaels, 8A Sunflower Page 1 of 1 Mauroen .&. Ken¥0n r' From: Martin, Cecilia Sent: Tuesday, December 17, 2002 3:27 PM 1o: Minutes and Records Cc: Reischl, Fred Subject: RZ-01-AR-1649 Please readvertise RZ-01-AR-1649 East Veteran's Park for the 2/11/03 BCC meeting, as this was continued from the BCC meeting of 12/17 today and will go past 5 weeks. Thanks. Ceci£ia 5t4artin Current ®[annin~t ®[anninl~ CffecFt 403-2467 December 18, 2002 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition RZ-2001-AR-1649 Dear Georgia: Please advertise the above referenced petition on Sunday, January 26, 2003 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Teri Michaels, Deputy Clerk Enclosure Charge to: 113-138312-649110 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, February 11, 2003, in the Boardroom, 3ra Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8526N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY LOCATED SOUTH OF IMMOKALEE ROAD (C.R. 846) ON THE EAST SIDE OF VETERANS PARKWAY, IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, FROM RSF-3 TO C-l; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. Petition RZ-2001-AR-1649, Robert L. Duane, of Hole Montes, Inc., representing Craig D. Timmins, Trustee, requesting a rezone from RSF- 3 to C-1. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: Ail persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES N. COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Teri Michaels, Deputy Clerk (SEAL) Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT COLUER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST RO. BOX 413044 NAPLES, FLORIDA 34101-3044 CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS December 18, 2002 Mr. Robert L. Duane HoleMontes, Inc. 950 Encore Way Naples, FL 34110 Re: Notice of Public Hearing to consider Petition RZ-2001-AR-1649 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 11, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 26, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teri Michaels, Deputy Clerk Enclosure Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT cow~ cou~rr~ cou~ou~ 3301 TAMIAMI TRAIL F..A~T P.O. BOX 413O44 NAPLES, FLORIDA 34101-3044 CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS December 18, 2002 Craig D. Timmins, Trustee 76 Carribean Road Naples, FL 34108 Re: Notice of Public Hearing to consider Petition RZ-200 l-A/{- 1649 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 11, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 26, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teri Michaels, Deputy Clerk Enclosure Teri Michaels To: Subject: thanks! legals@naplesnews.com ATTN:GEORGIA RE: PETITION RZ-2001-AR-1649 RZ-2001-AR-1649( 1).doc RZ-2OO1-AR- 1649( 1).doc Teri Michaels From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Wednesday, December 18, 2002 12:50 PM Teri Michaels Delivered: ATTN:GEORGIA RE: PETITION RZ-2001-AR-1649 8A kTTN:GEORGIA RE: PETi'TION RZ-... <<ATTN:GEORGT. A RE: PETI:T]:ON RZ-2001-AR-1649>> Your message To: legals~naplesnews.com Subject: ATTN:GEORGT. A RE: PE1-J:'FZON RZ-2001-AI~-1649 Sent: Wed, 18 Dec 2002 12:41;52 -0500 was delivered to the following recipient(s}: legals on Wed, 18 bec 2002 12:50:14 -0500 0 Z < A A 0 O~ ¥ ¥ A A 0 V Naples DaiLy News NapLes, FL 34102 Affidavit of Publication NapLes DaiLy News BOARD OF COUNTY COHHISSIONERS CHER! LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 11313831~6~9 58592780 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority/ personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples 0aily News, a daily newspaper published at Naples, in Collier County, FLorida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples 0aiLy News is a newspaper published at Naples/ in said Collier County, FLorida, and that the said newspaper has heretofore been continuously published in said Collier County, FLorida, each day and has been entered as second class emil emtter at the post office in Naples, in said Collier County/ FLorida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for pubLiction in the said newspaper. PUBLISHE0 ON: 01/26 AD SPACE: 145.OOO INCH FILED ON: 01/27/03 Signature of Affiant ...... -2y .... ~---+ .......................... Sworn toand Subscribed ~e me ~J3~s~,, ?~aY °~/.~/)~ 20-(~ ~Lj~u~ Donna Chesney Z e°~ .· My Commission DD058336 ~J :%,:~d~', Expires September 11,200~ RECEIVED JAN 1 200) FINANCE DEPT - NOTICE OF INTENT TO CONSIDER ORDINANCE Notice Is hereby given tt~t on TuesduV, Fe~..u- orr ll, 2003, In me "' Boardroom, 3i'd Floor, "~ Administration Building, 'Collier County __Gov_ern: '. merit Center, 3301 ; Tamlami Trail, N(Loles~ ' County com.misse~~ ~ ' commence m y.~v ~The title of the .pr.o~seu~ Ordinance Is as follow~ '.' AN ORDINANCE . ANLENDING ORDI. ., NANCE NUMBER 91-102 'THE COLLIER COUN TY LAND DEVELOP M ENT CODE WHICH ES 'TABLISHED THE CaM ' PREHENSIVE ZON_IN_C. ' REGULATIONS PUt THE UNINCORPORAT ,' ED AREA OF COLLIEI COUNTY, FLORIDA, B' AMENDING THE OFF iAL ZONING ATLA -BY CHANGI) zONING CLAS$1FIO - TION OF THE HEREI · DESCRIBED REA . PROPERTY LOCATED SOUTH OF IMMOKA- LEE ROAD (C.R. 846~ ON THE EAST SIDE OF VETERANS PARKWAY, . IN ~E":CTION 26, TOWN. ' SHIP 48 SOUTH~ RANGE ' 25 EAST, COLLIER COUNTY, FLORIDA, FROM RSF-3 TO C-1; PROVIDING FOR STAFF AND pLANNING COMMISSION STIPULA' TIONS; AND BY PRO- VIDING AN EFFECTIVE i DATE. Pel'dton RZ.20~_1-AR- '-1649, Robert L. Duone, ~ of Hole Montes, Inc., rep- : resenting Craig D. Tim- '' rains, Trustee~ request- ~gc.~, rezone ',tram RSF'3t . Copies of the prepos_e.d~ hove wrlX~n er W'epnlc 're rial a mlnlmum'm weeks prior to the re- spective public hearlng~ :m ~-v~c~.~;, ~ ma.. terlals Intehded to be considered bv the Board shall be iubmlfled to the appropriate Coun~ staff a minimum of sev- t~ EkXa'd wix need o re- cerd of I~ proceedings per~lnlng thereto and there)~'e, mav ~d roi entre thuf ,, verboilml record of the proceed-I In~ 15 mode, which re-I ~d Inclu~5 the ~V and evldencel upon which the appeall BOARD OF COUNTY CO~ION~S COLLIER COUNTY, FLORIDA JAMES N. COLETTA, DWl~T E. ~OCK, CI~RK Jan. 26 No. 6729~ 0t359030 m~R-s ~ ?:~ O0~SOB 0~200~ VIRGINIA C. VISNIC~ and GEORGE VI~NIC.;, Husba-~ ar'd W~e e~ tenantry Car, 1 Gables, F)orlda 33134, G~ZE~ ~ WI~SS ~: That said Grantor~ for and In cons!deratio~ of the sum of Ten and No ~llars ($10.00), and oth~r good eno valuable constderat!cn to said Gra~tor In hand paid ~. said ~rantee, th, race/pt whereof ~ Grantee, 8nd Grent~'~ heIr~ end a~J.~n~ forever, the following- de~crt~d land. s~tuate, lying and ~lng In Co}liar CouDty, Florida, to-wi t ~ The East 8 feet of the East 1/2 cf the East 1/2 of the NW i/4 of the NW I/4 of Section 26, Tcwnshi~ ~8 South, Range 25 East, Col}Ler Court:y, Florida: satd 8 foot strip lying parallel with and measured at r£~ht ~gles to the West llne of the Southwlnd Eetat~ aS recorded i~ P.a. 11~ pages i6 and 17, Public Records of Collier square feet more or Th9 within rea] property, is u~Improved mhd i~ not the Subject to reel ~tst~ ta~ for 1990; zoning and u~e restrictions imposed b}, governmen%ai authority; resTzictiona and ease- ments common to the subdivision; and out£tandimg oil, gas and mineral interests of record, if any. And said Crattcr does hereb? fully ~arrant the title to maid land, and *.'grantor' and 'Grantee' ar~. u~ed for singular or p.:.~:ral as cc~t~t r~qulre~. and ~ea! the da)' end year first above written $J.gned: zealed and delivered STATE OF PLORIDA COUNTY .OF COLLIEP I H~R~Y CZRTIFY that cn this day bafor~ me, an officer duly qua!Iliad to take acknowledgments, persona!iT appeared JOHN A. PULLING ~ ts~ me kn~w~ to. be the p~rsons described in and who executed the fore- k ~-- going Instrument and acknowledged before me that h~ executed the ,ama. WITNgSS my hand and official seal The undersigned Southwmd Estates homeowners object to the proposed rezomng of this property under petition. We feel that the rezoning would directly devalue our property and increase the potential for flooding of our homes. name address signature date .......... [ ........... 4.~c~_._,Bz.~g:_h_.~ ..... ~-~ ..... ~: .... -b-~ .......... -~e~~-~---~~ ~~. .,_.,._.,.z~: ~L~ N~lo~ I ~o /<" ~ ' _: .... ~ ..... ~ ...... ~ ................ ~_~~_~: .... ~ ~._Q~~:~ ~ ~I ~ / , . ----~ .... ' - ........................................ *;~--~2-~&22..:w .... The undersigned Southwmd Estates homeowners object to the proposed rezonmg of this property under petition. We feel that the rezonmg would directly devalue our property and increase the potential for flooding of our homes. name address signature date 01/08/03 09:'24 FAX 941 403 2345 CO)I)It'N [TY DEVELO?)IENT 2800 N. >.'~,=:,'=-¢, FL. -24',04 01/08'03 09:25 FAX 941 403 2345 COMSIUNITI' DEVELOP~IENT Code Case Deta, ii Report .420& - Code Case Detai! Report C~SE NBR: 2002120719 AO NBR: 2082A6 STATUS: OPEN INSPECTOR: CASE TYPE: E~gIRO2~[ENTAL FOLIO: 0000074510040007 LEVEL: NOV SOUTH?,iIND EST LOTS 1 THRU 5 qNAT PORTION OF NFl/4 OF LYING S 0F SE S846 & N S(3[.~'F~qI DH~ EST 6 ...., -Southwlnds Estar, es LOT: 1 BLOCK: SUBDIV: (1 7 TAZ: 36 PLAbR~ I NG CC,MM: NN ZIP: 371303773 OPEN DATE: 12 /18 / 2002 9~[~_~LRODRIGUEZ_D CLOSE DATE p~7~!.79~[S! CALLING THIS ABISTOC~T ( ASSISTED L i ~,'ING ;. CLOSE CATEGORY: LANDSCAPING PRIORITY: 0 LAST VISI~5 HEARING DATE: DESCR~ PTLON: CONTACT INFORMATION: NATIONAL HEALTHCARE CORP PHONE: F7~5 ~R INFORMATION: IONAL HEALTHCARE CORP ~, A. ~DAMS, CEOD i00 E VINE ST ~E 1400 5~RFREESBORO, TN PHONE: 371303773 FAX: 759970 CONTACT7: PHYSICAL FILE ID: TENART INFORMATION: NATIONAL HEALTHCARE CORP PHONE: VIOLATOR INFORMATION: NATIONAL HEALTHCARE CORP ~00 E VINE ST STE ML~FREESBORO, TNC025P PHONE: NAME/ADDRESS: [. ~' PHONE: ............ PJ " , / IC~_RG I E WELCH VISITS: VISIT ~R INSPECTOR SCHEDULED DATE VISIT DATE 758800 BRO¥~S~ER 12/18/2002 12/18/2002 758802 BROV~/q SLLqI4ER 12/23/2002 12/20/2(02 FAX: REMARKS REC'D COMPLAINT ( SPOKE W/COMPLAINA24T ) PUD LANDSCAPE REOIOIREMENTS ARE NOT PEING MEET. RESEARCH S[fO%~S Ti~A'P ON 5 SUFFER IS REQUIRED ALOiiG VISL~ ~?~E. LEFT MSG W/COMPLAINT~?E TO Di[ SCUSS LAHDSCAPE. OBSERVED COCOPLgM G~OWING AT 3-5 PUD REQUIPES IT TO GRO?~ TO 6 FEET. RC ', 2 / ! ~ DR SPOKE W/ED WENZEL OP THE AR!S%'OCPJ~T. DISCUSSED PUD L.~SCAPE REQUIREMENTS. REQUIREMENTS ARE NOT BEING MET. SPECIFiC}.i. LY SUFFER HEDGE 3-5PT A-ND SHOULD ILeVE BEEN FEET AT C.O. SET APPT. W/NR. I~.?NZEi (CELL 537-U607) FOR JAN. 30 TO DISCUSS REOUIREMEN%'S. Pr-:-ted :? : (;I '0~.:'206~ 01/08,'03 09:25 FAX 941 403 234.5 73918,6 B ROW-N S 0-MME R 12,'30/2002 7599'70 BRO?TNSU%fMER 01/06/2003 76 O 3 U 7 BRO'~fS'0~h',IER O 2 / 08, / 2003 LETTERS: CO)DIUNITY DEVELOP~IENT 12 30/2002 03,'2003 MET ~'.~/ED WENZEL OPERATIONS MANAGER OF TR'~.: A~I AEGAPdP]NG BRZHGiKG L/~DSCAPF UP 'ru COD.~. I ADVISED T3iAT ~.~ILL, B~ iSSUED W.;FN A WEFK T0 ~RiNG LZ~NDSCAPE UP 'PO CODE. HE ADVISED IHAT HARSO~ LANDSCAPING WZL= BE "fES'FiN~ THE IRRiSAr!ON ~iCH HAS BEEi{ THE CAUSE OF THE BOP'FEN HEDGE NOT GROWING. RC i '5 DR NOV TO C~O AD~S~ TO ~RI~[C L~TDSCAPE BUFFER %'O CODE. COPY OF NOV WAS SENT TO ND OPE~_'TIONS MANAGER. RC 2 / 8 REF %'YPE CC VIOLATIONS: LETTER NAME RQST DATE PRINT DATE SE~ DATE STATUS RECV DATE !ST PAGE NOV,'S'T 01/03/2003 ACTV STATUS VIOLATION GROUP CODE VIOL. DATE DESCRI PTI ON/RESLARKS LNDS 2.4 12/18/2002 L,~I&DSCAPING AN-D BUFFERTNG /~ES: ' ' · - -'- · G DATETIm STATUS 9)IG__.~E~ CO~: ___ ' ........... Historical Timeline Report reference to: Petition # RZ-2001-AR-1649 Veteran's Park Office Site ~~'~ Rezone RSF-3 to C-1 with restrictions ~~ The evidence found in this repo~ raises serious questions on ~ ' ~hether the subject prope~ was illegally excluded from ~ ~ ~ A/the Southwind Estates Plat after being included in the South ~~ ~ Florida Water Management District's Permi~ed Orainaoe ~' ~ . Y ,/System. In addition, commercial rezoning and subsequent ~,~/~/~~ development at the economic gain of an Owner who ~~ / ~ knowingly purchased RSF-3 prope~ would directly "devalue" adjacent single family residents and potentially cause uncontrollable floodin~ and destruction of native prese~es of the original Headwa~ of the ~ocohatchee River both Southwind Estates and ~.~ ~ Stonebridge Count~ Club. ~Uarch 5, 1979 A tion No. 12048-8 is made to South Florida wa~ ~/~' Management District. South Florida Water Management ~...'-'~District's Staff issues repo~ to Collier County Engineer stating "A stream tributa~ to the Cocohatchee River isolates the southwest +/- 5 acres for (from) the remainder of the parcel. No development is planned for this 5 acres." Page 2 of 8, Se~ion A, paragraph one. The mpo~ also includes a Proposed Drainage Plan prepared by Bruce Green & Associates, Inc. dated Janua~ 1977, including the above mentioned land as pa~ of Southwind Estates and its associated drainage system plan. See Figure Two of repo~. March 15, 1979 South Florida Water Management District issues Surface Water Management Permit No. 11-00132 "Authorizing construction and operation of a water management SYSTEM serving 37 acres of residential land by roadside gutters, swales and retention lakes discharging into the Cocohatchee River." ..."This Permit is issued pursuant to Application for Permit No. 12048-B"..."Said application, includin(~ all plans and specifications attached thereto, is by reference made part hereof." April 17, 1979 Southwind Estates Plat recorded and EXCLUDED the above reference property where "No development was planned" and was part of the South Florida Water Management District's Permitted drainage SYSTEM. June 2,1987 1989 February 27, 1990 April 12, 1990 September 2001 Sept.- October 3, 2002 Recommendation Board of County Commissioners recommends dedicating the openin¢l of the "North Naples Community Park" (now known as Veteran's Park) on June 11, 1987. Board of County Commissioners Consent A.qenda Item 14, section C. Public Services (3) "Growth Management Act" takes effect stipulating the need for frontage on an arterial artery to be eligible for commercial "infill districts". Per Fred Reischl, Principal Planner Collier County, conversation with Terry Jolly (1916 Bethany Place, Southwind Estates). John A. Pulling and John J. Meli SELL to Virginia C. Visnich and George Visnich, husband and wife for $16,360.25 an 8 ft. strip of land lying parallel with and measured at right angles to the West Line of the Southwind Estates; less the north 150 feet. Warranty Deed recorded March 5 1990 7:41A.M. OR BOOK 001509, PAGE 002003. Ede Mannik, a single woman, and Leopold Haus and Raissa Haus, husband and wife, ori_~inal developers and owners of Southwind Estates SELL to George Visnich and Virginia Visnich for $125,000 the West 40 feet of Lot 15 Southwind Estates and the portion of land lying Southwesterly and Westerly of the Thread of a stream, being shown as "not a part of this plat" in the Southwest corner of said SOUTHWIND ESTATES. Petitioners and George Visnich enter into purchase contract for $450,000 contingent upon rezoning RSF-3 property to C- 1 with restrictions. Collier County Planning Staff recommends DENIAL of the petition to rezone RSF-3 property to C-1. Memorandum, Community Development & Environmental Services Department to Collier County Plannin.q Commission Owner and his Representative made representations to the Planning Commission that were inconsistent with the know record as set for in this "Historical Timeline Report". In my opinion, this disqualifies any recommendation with regards to this property made by the Planning Commissioners to the Board of County Commissioners. Video Tape of Plannin.q Commission Meetin.q Dated 10-3-02 The Board of County Commissioners postpone any ruling with regard to the above referenced property and direct staff to investigate the record as set forth in this report and accompanying support documentation. "My hope on Election Day is that one vote can make a difference". THE $~o'~'Y PLACE PLANNF2) UNIT BEVELOPMENT Hole, Montes & Asso~istee, Inc. 71 s Te~ st~ Sou~ HMA File No. 98.35 ' '0 ORDINANCE gs-_~ AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8526N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM ~RSF-3" AND 'PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS SURREY PLACE, HAVING THE EFFECT OF REZONING 0.45 ACRES, MORE OR LESS, AND AMENDING THE CURRENT SURREY PLACE PUD FOR PROPERTY LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD (C.R. 846) LYING EAST OF VETERANS PARK DRIVE AND WEST OF THE WEST LIMIT OF THE STONEBRIDGE PUD, IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 12.80 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 98-60, AS AMENDED, THE FORMER SURREY PLACE PUD; AND BY PROVIDING AN EFFECTIVE WHEREAS, Robert Duane of Hole, Montes & Associates, Inc., r~resenting Gulf Coast National Bank, petitioned the Board of County Conu~issioners to change the zoning classification of the herein described real property; THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real property located in Section 26, Township 48 South, Range 25 East, Collier County, Florida, is changed from "RSF-3~ and "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by raference made part hereof. The Official Zoning Atlas Map nun~ered 8526N, as described in Ordinance Nun~er 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: adOrdinance Nun~er 98-60, as amended, known as the Surrey Place PUD, opted on June 23, 1998 by the Board of County Conunissionars of Collier County, is hereby repealed in its entirety. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth JudiCial Circuit, Collier County, Florida, do hereby certify that the regoing is a true copy of: (,,,,/~" ORDINANCE NO. 98- 6 st, 199~I during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 6th day of August, 1998. DWIGHT E. BROCK Clerk of Courts and Cl.emk ........ ] ..... Ex-officio to Board of' . County Con~nissioner~".,... Deputy Clerk c...F:X~ bit E TABLE OF CONTENTS Statement of Compliance Project De~tiptiort, Legal Description and Shon Title Statement of Intent and General Develo~ Rekqds~ions Permitted Uses and Site Development Regulations Environmental Standards Traffic Standards Utilities Standards Legal Deacription of Tract "A" and "B" Conceptual PUD Master Plan Conceptual Landscape Plan Tra~t"A" Landscape Buffer along Ihe South Property Line of Tract "B" (North Half of Lot Seven) Coneeptutl Landscape Plan. Tra~t "B". with Traffic Control and Security Detail 0:'.'. The development of 12.80 ·cres of' property in Section 26, Range 25 East, Township 48 .South, Collier County, Florida ~s · Planned Unit Development to be known as the Suney Plsce PUD will be in compliance with the planning goals and objectives of Collier County for the following 1.1 The l~je~t ts co~ist~t with all spplicable elements of the Collier Coum~ C?~ow~h Management Plan including Policy 5.8 of the Future Land Use Element that permits Adult Living F·cilities subject to regulations contained in Section 2.6.26 of the Collier County Land Development Code. 1.2 The project incorporates n~tural systems into either preserve areas or as integral components of the wate~ management system to en.~mnce their nantral ~unction. !.3 The project is compatible with adjacent land uses through thc internal arrangements of su, ucmres, the placement of land us~ buff'as, and the proposed dewlopment standards, as required by Policy $.4 of the Futu~ Land Us~ Element. 1.4 All improvements sh·ll be in compliance with all applicable County ~vlations pertaining to construclien end design. i.5 All Final Development Orders for this Planned Unit Development ar~ subject to the Collier County Concurrency Mansgement Systc. m, as implemented b~ Division 3.15 of the Collier County Land Development Code. '. The subject property is locat~l on the south side of Irnmokalee Rosd, one half mil~ of Airport Road and located in Soct~on 26, Range 25 F.m, Township 48 Sou~h and tracts. Tmct"A"JstbelocaflonofmAdultLivlngFnctli~(~ 10.~7a~tu. Tract "B" Js plannM for offic~ user and comprlses 2~23 ncru. See attached lega~ description. Ez~bit A for Tra~ A & B. 2.3 ~HORT ~E This ordinance slndl be known and cited as the Surr~ Place Planned Unit Develol~mcnt Ordinance. 2 The following arc general provisions applicable to the PUD Ma.~"r Plan: Reguintions for development of the Surrey Place Planned Unit Development shall be in accordance with the contents of this document, the PUD - Planned Unit Development District and other applicable sections and parts of the Collier County Land. Development Code (LD~ in effect at the time of building pennlt application. Sbould tbe~ ~ulations fail to provld~ specific developmental County LDC shall apply. Bo Unless othcrwise noted, the definitions of all terms shall be the same as the definitions ~t forth in the Collier County LDC in effect at the time of building permit spplicafion. All conditions imposed snd all ~raphic material prmeuted depicfin~ restrictions for the development of the Surrey Place Planned Unit Development shall become part of thc regulations which govern the manne~ 'in which this site my be developed. i~cveloMnent, permitted by th~ approval of this i~"fifion, will be subject to · concurrency review under the provisions of the Adequate Public Facilities Division 3.15 of the LDC at the earliest or next to occur of either final SDP approval, Final Pla~ approval, or building permit issu~n, ce applicable to this development. 3.3 ~ Clearing, grading, earthwork, and site drainage work shall be performed in accordance with'Division 3.2 of the Collier County LDC and the standards and conunltmenis of this document at the time of construction ptan approval. 3.4 ~ Easemenu, where required, shall be provided for wate~ managerncnt areas, utilities and other purposes ss my be required by Article 3 of the Collier County LDC. All necessary easements, dedications or other insinunents shall be sainted to ensure the continued operation and maintenance of all services and utilities to huu~ compliance with applicable regulations in effect at the time construction plans, site plans or plat approvals are requested, in accordance with Article 3 of the Collier County LDC. The PUD Master Plan is intended as an illustrative preliminary development plan and shall be understood to be flexible so that the final design may best satisfy the proje~ th~ neighborhood and the general Jocal onvlrunment. Amendments to this Ordinance and Conceptual PUD Master Plan shall be pursuant to Section 2.7.3.5 of the Collier County LDC in effect at the time the amendment is 3.6 PAIUaNO Parking shall be provided as required by Section 2.6.26 or Division 2.3 of the Collier County LDC, whichever is applicable. A security gate for nighttime use shall be installed on the parking lot on Tract "B" south of the southern-most access to Pamu Stre~ u depicted on Exhibit "E". 3.7 ~ The Surrey Place PUD shall bo subject to Section 2.7.3.4, Time Limits, for Approved PUD Master Plans and Section 2.7.3.6, MonitorinE ltequirement~. :3.8 ~J~f~L~,A~M~I~K~ Common area maintenance, includin$ the maintenance of common facilities, open spaces and the water nmnagement facilities, shall be the responsibility of the owners' association, together with any applicable permits and conditions from applicable local, State, or Federal l~'rmitting agencies. 3.9 An)' plantings rcqui~-d to be provided in this m ~t may be displa~d ~ a result of the size or eO.~. ~ti~ of the ~,~ ~ ~ ~ i~ o~po~on~ ot~ ~ ~r ?v~.q~F Pith &q Conc~ Futln, e Buiidiz~Tootprint. A conc~ ~ p~a is attached u Ex~blt C to this Ordinance depicting this buffer ~ //~thif~ foot naturally vestured area will remain alerts the south ~ (30) feet of / north ~ of Lot 7 Tract "B" and u fifteen ~}_~~ ~'natiVe veli~ / Pinced ~onf the e-ut m~cl west Pro~ !~ of~ ~ M of ~ 7. y ,~s~:,plcm~ with ~ pI~P tothe ~ ptovlded bT~r the LDC to'~vMe for a Type 13 buffer alon~ the east end west prope~ I~ype C buffer along the south properS' llne of Tract "B", which will also include · meandering hedsc ( landscaping requirt, mcms, 'buffers, walls and benns shall be developed in conformance Nadth requirements of Division 2.4 of the Collier County LDC pemini~ to landscaping and buff'trinE, however, · portion of the fTont yard buffer, along Visland Avcnue for Tract "A", which includes · portion of the internal drive servins exi~nf dcvelopmcnt, may average l0 feet in width for · distance of ·ppmxin~tely 165 feet. As provMed For,~thin Section 2.~, Signs, oft~ Collier Cmmt7 LDC. 3.zz ~ A poli~ug place will be provid~ in accordance with Section 2.6.30 of the Colfier County LI~.., as may be detm'mined to be necessm7 by tho Collier County Supervisor of Elections. ' 3.12 ;Na~e vegetatiOn shall be pruerved in accorclaoco with the applicable re~ of Division 3.9 Vegetation Reznovsl~ l~otecfion, and Prucrvafi~ of the Coil;er County LDC. The south th~ty (30) f~-t and flfl~n (I~ feet along the ~qt and west property lines of the north halfof LOt Seven (7) Tract "B" ~ be ~ or planted in native vcgct~fion, which reprcscuu shout fifty ($0) percent of the lot to be cover~l with native veg ,e,~ion. _~. 3.13 Commercial d~,velopment of the subject property shall comply wi~h Division 2.$ of th~ .LDC. The development of 12.[0 acres of property in Section 26, P,~nge 25 Ea~ Township 48 .South, Collier County, Florid~ es a Hanncd Unit Development to be known as the Surrey Place PUD will bc in compliance with the plannin~ goals and objectives of Collier Count,/for the followin~ !.i The project is consistent with ali applicable elements of the Collier Cotmty Orowth Management Plan including Policy 5.8 of tho Future Land Use Element that permits Adult Livinll Facilitics subject to regulations contained in Section 2.6.26 of the Collicr County Land Development Code. 1.2 The project incorporates natural systems into either preserve areas or as integral coml~onents of the w~ter manageraent systent to enhance their natural function. 1.3 The project is compatible with adjacent land uses du'ough thc intcrrml arrangements of st~,uctures, the placement of land use buffm's, and the proposed development standards, as requi~ by Policy $.4 of the Futu~ Land Use Element. 1.4 Ail imptovemems shall be in compliance with all applicable County regulations pertaining to construction and design. 1.5 All Final Development Orders for this Planned Unit Development a~ subject to the Collier County Concurrency lVfans~ement Systmn, as implement~i by Division 3.15 of the Collier County Land Development Code. '. 2.1 ~ The subje~l property is iocat~cl on the south side of Immok~lee Road, one half mile w~st of Ai~ lto~d and located in Section 26, Range 2~ F.~t, Township 4S South and comiwis~ appmxlmatdy 12.~0 ecrm of land. TI~ subject lxopesty is divided into two tracts. Tmct"A'*lstl~locstionofsaAdultLlvin~£aeitity(ALF)on 10~7 ac~a. Tract "B" b plmmed for office u~ ~md compri~ 2.2~ See attached legal description, F,y,h'bit A for Tm A & B. 2.3 SHO~T ~E This ordinanc~ shall b~ known and citcd as thc Sun~ Place Planned Unit Development Ordimmce. Rez0ning: North Naples residents fight effort by owner to change land to' commercial use Continued from lA located across the street off Veterans Park / Anderson told the Daily News later tha~ /y/~ ears: Why should his land qua, drupl'-'~e~\ Drive. Also, Visnich's property is the only /he was depending on Visnich's recall _anql residential property that fronts Veteran, s [did not intentionally mislead the Planning value while mine decreases? Or why snoma } Park Drive. And commercial uses are a~- /Cornrnission or the County Commission. .[ ~. Visnich also told the board that he pm the needs and desires of existing resid.e.nts/ ready permitted on the west side of the $50,000 for the 8-foot strip but the deed be sacrificed for those of developers and in/ vestors? xx County leaders say they are moving be- yond the scandals and policies of the 1990s street, shows he paid $16,000. When asked what he when developers were granted exemptions to county growth plans and codes, enabling them to maximize profits often at residents' expense. Ironically, Visnich's property lies within County Commission District 2, which just elected Cormnissioner Frank Halas out of anger over developer exploits in the Van- derbilt Beach area. Jolly has contacted Haias about her con- cea:ns. This time staff said no, ( t eeerannint. I Commission said yes In the case of the Visnich property, Col~ County staff recommended against the4 zoning, saying that it doesn't .mee.t me in-~ nt of the county's long-term growm plan. xx County Planner Fred Remchl smd. Ifyo~ build a home in the urban area next to agri- culturally zoned land, you can expect it will Some of the arguments are particularly galling to Jolly and her Southwind Estates neighbors. They never wanted the fire station in the first place. And the Veterans Park planned unit development, or PUD, which allowed the fire station also allowed the medical support buildings and institutions such ~ churches and assisted living centers, uut ir is not regular commercial C-1 zoning, which is what the investors are seeking. ~ The county thought the location was ap- propriate for the fire station even though the residents' homes were just across the street. They told Jolly and her neighbors that fire trucks wouldn't sound their sirens until they hit Immokalee Road, which Jolly says is a promise that hasn't been upheld. And now, because the county allowed the fire stauon and medical buildings, Vtsmch attorneys argued and the planning commis- sioners agreed that further commercial zon- ing is appropriate. Jolly feels betrayed. Her property is 30 feet from Visnich's. paid for the property, Visnich told the Daffy News that there was hospital hazardous waste on the property and he had to pay to have it cleaned up. Also, while Visnich says he has had the property listed with a realty office for more than a year and it would not sell for residen- tial uses, Taylor and investors have had the land under contract since September 2001. A real estate agent at John P,. Wood said he did try to sell the property for residential use. Anderson says it doesn't matter how much money Visnich paid for the property or whether Veterans Park Drive was there before or after Visnlch purchased the land. Timmons, one of the prospective, buyers, said it doesn't matter whether Visrach has a lot of money or no money. "I'm not sure what all that has to do with whether (the land) is approved today," Timmons said. Jolly says she and her neighbors never would have raised any of those issues if'Vis- ..... I mi ht remind the board that our homes get rezoned. But if you build next to rest- ;g dentiaffy zoned land, you have a reaso,n, ab. le were aLreaay mere and me ooara reit mat eamectation that it will not get rezoned. ~ was OK for our homes to be near these The county' growth plan s~,s the re- items. COuld it feel differently now when it ///~u~ested zOnin~sis intended for property tl[ea;~ pertains to Mr. Visnich's property?" Jolly f~onts arterial roads. Visnich's propert~../ a~6d in a recent letter to commissioners. technlcaff¥ meets that standard because itI / ' has an 8-t~oot wide strip of land that fronts} /Questions raised okaiee Road. .... ommi - ~."B~tt the buildable property is 750 feet'S.;xsmch wr°te his own letter to c)mm4 south of the arterial road," said Reischl, who lt sione.rs. . .. recommended ~alnst the rezoning t In it, he told the board that he m a dis~: ~'~.~'~e investor~'l~a;e met three times with/~bled .Ame. ric~.??Lan who. bo, u. ght_,,~ the neighbors in an attempt .to come Up ]P.P_r~o?dnY. to_ Dml~.a_ a~..n~om~e~:~o.~r tnhe ha~mge with an acceptable plan for. ~e p.roperty. ] ..m.~r.7~.~'s~e~aenUd ~;~'a~n~ vacant But all proposals are speculative oecause / w~ ~,u,,[ ,~, · they do not know whether they will sell the property or build on it themselves, Tim- mons said. At this point, the investors have agreed to limit development to single-Story commer- cial buildings no taller than 18 feet. They've also agreed not to allow parking behind the buildings and to knock out some uses al- lowed in the Cq zoning, such as barber shops, beauty shops, shoe repairs and shoe- shine parlors, and individual and family so- cial services. They've also agreed to leave trees for a buffer. lolly and her neighbors have been fight- ing the rezonkn4g, first in front of the Plan- ning Commission on Oct. 3 and ~en;.m front of the County Commission on :qov.. But planning commissioners found it m~ ,, the requirements of the future land-use plaff /c and approved the request on a 9-0 vote. [ They added, some caveats, including the ~ 18-foot building height limit. / k,...__County commissioners delayed a vote on the matter Nov. 5 because they were uncer- tain about whether roles for proper notice had been met. It is now scheduled for a Dec. 17 vote. nich hadn't claimed a financial hardship be- cause the land would not sell as residential property as a reason he needs the commer- cial rezoning. "I felt like they used it as a position of sympathy. Before they did that, it didn't mean anything to me," Jolly said. Neighbor Kris Gomory said he wanted to buy the property in 1996 to build homes on it. Visnich said no one has ever contacted N about buying the property. ancy Payton, field representati.ve..for the Florida Wildlife Federation, says/ony con- tacted her about the property and it sounds as though the land couldbe a possible.can-. didate for purchase from the proceeds of He said he has tried to sell the property for the green tax voters approved in Novem- more than a year through a reputable local ,bet. It has wetlands, gopher tortoises, a nat- real estate office but no one wanted to pur-[ural creek and is adjacent to a county park. chase it for residential use. The only inter- \ However, the green tax program isn't ex- ested buyers are Taylor, Allen and Tim- ~ected to be in place to purchase land until mons, and they will only buy it if it is tAugust 2003. rezoned commercial. ~ Joe~S~tt, administrator of Commmfity Visnich told the board in his letter that hej De~opment Services, told plannit_g_ eom- needs to sell the property bec0use it is a fro- ~ missioners that the neighbors could con- ancial and emotional hardship. ~ ceivably end up with affordable housing on Property records show Visnlch to be a g the property. HOwever, that too would need multimillionaire who owns property in Naples and on the East Coast. He claims no ~ a rezoning, and affordable housing develop, Homestead Exemption in Naples and told | ers are not likely to pay $500,000 for 3.5 ~ acres with wetlands. the Daffy News that paying property taxes ~ Neighbors said they would be willing to !~. on his million-dollar Pine Ridge hofi~e and £manciala sell a road easement to the landowners so 'other Naples property is not a [ they could have access to Southwind roads hardship. When asked to confirm that he needed to~ instead of Veterans Park Drive if they sell the property off Veterans Park Drivel would build single-family homes on the I because of a £mancial hardship, Visrdch, 82,~ pr~o~,e..rty. and her neighbors intend to return declined to answer, changing the subject. jouy The neighbors say Visnich has not been ~ 'to battle the rezoning request in December. They say even if they lose in front of mthful about things such as whether Vet- rans Park Drive was built before he pur- commissioners, they won some concessions from the investors not to build two-story chased the property. Visnich says h.e is. on buildings as originally proposed. morphine because of the pain from his disa- bility and sometimes cannot remember But with the experiences lolly has had with the county so far, she's not so sure an Details reveal complicated what he intends to say. Because the property was landlocked, agreement to build one-story buildings story of property, owner Visnich had to purchase the 8-foot strip that would hold. The story of Visnlch's property and the fronts Veterans Park Drive and Immokalee~ ~6fAo~? she is concerned about the investors' arguments for granting a commercial re- ~oad. ' "The question is, are they really go~'~o zoning get increasingly more complicated /The, p,ark ~ar}.d ro,ad we,re m,?!ac?~t~ as the details unfold. [ years oerore vis,ch purcnasea me t do anything with it, or are they just going/to The arguments by the landowners are [ 1990, yet Visnich s attorney, Bruce Ander- get it rezoned and sellit?" she asked. . ] . that a rezoning to C-1 commercial is appro.- ! s.o.n,, to!d ~e. b.om:, d .~.at Ve, t.e, rans P,ark DrianV~ Which brings her back to her original cmestion: "Why should the value priate for the property because a Norm \ .ma .nor exrst at m.e.tune.ot .me~p,urc.n~e. l~roperty go down so theirs can quadruple?" Naples Fire Station and training center are ~'s why Visrfich bought me ~-toot s.rrlp. , COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: Normal tegal Advertisement X Other: See Attached (Display Adv., location, etc.) *************************************************************~********************************************* Originating Dept/Div: Comm.Dev. Serv./Comp. Planning Person: Marcia R. Kendall Date: January 14, 2003 Petition No. (If none, give brief description): N/A Petitioner: (Name & Address): Petitioner: David Key, AICP, Regional Vice President, U.S Home Corporation, 10491 Six Mile Cypress, Fort Myers, FL 33912 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) N/A Hearing before: XXX BCC BZA Other Requested Hearing date: Newspaper(s) to be used: XXX Naples Daily News February 11, 2003 (Complete only if important): Based on advertisement appearing I0 and 5 days before hearing. Other [] Legally Required Proposed Text: (Include legal description & common location & Size: See Attached Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost? x Yes [] No If Yes, what account should be charged for advertising costs: 111-138317-649110 Rev' wed by: . · ision Hea~ f - Date List Attachments: Advertisement Request (and copy of Ordinance). Approved by: County Manager Date DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to Clerk's Office [] Requesting Division []Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: Date of Public hearing: Date Advertised: February 11,2003 Board of County Commissioners Public Hearing .Advertising Requirements Please publish the following Advertisement and Map on Friday~ January 31~ 2003 and Wednesday~ February 5~ 2003~ and furnish proof of publication to the Comprehensive Planning Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement should be no less than one-quarter page and the headline in the advertisement should be in a type no smaller than 18 point. The advertisement should not be placed in that portion of the newspaper where legal notices and classified advertisements appear. NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY~ February 11~ 2003 in the County Commissioners Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida the Board of County Commissioners will hold a public hearing to consider the adoption of the following Amendments to the Growth Management Plan. The meeting will commence at 9:00 A.M. The Title of the proposed ordinance is as follows: ORDINANCE NO. 03- AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY: AMENDING THE FUTURE LAND USE ELEMENT; THE FUTURE LAND USE MAP; THE SANITARY SEWER SUB-ELEMENT, AND THE POTABLE WATER SUB-ELEMENT, AND THE WATER AND SEWER DISTRICT BOUNDARY MAP OF THE PUBLIC FACILITIES ELEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. THESE AMENDMENTS ARE TO SUPPORT FUTURE IMPLEMENTATION OF THE HERITAGE BAY DEVELOPMENT OF REGIONAL IMPACT (DRI) BY ESTABLISHING THE URBAN-RURAL FRINGE TRANSITION ZONE OVERLAY. All interested parties are invited to appear and be heard. Copies of the proposed Growth Management Plan Amendments are available for inspection at the Collier County Clerk's Office, 4th Floor, Administration Building, County Government Center, East Naples, Florida; and at Comprehensive Planning Section, 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to these documents should be directed to the Comprehensive Planning Section. Written comments filed with the Clerk to the Board's Office prior to February 11,2003, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk ( SEAL ) I T46S J T475 I T48S J T48S I T50S I TS~S I · r6, s I U~O I ; J 7J. NflOO 0~¥~0~8 0 .~ U .m r.. 0 IIIIB 0 U ~..lNIgO0 339 / / January 27, 2003 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: ORDINANCE AMENDING ORDINANCE 89-05 (HERITAGE BAY) Dear Pam' Please advertise the above referenced notice and map on Friday, January 31, 2003, and again on Wednesday, February 5, 2003. This advertisement should be no less than one-quarter page and the headline in the advertisement should be in a type no smaller than 18 point. The advertisement should not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Kindly send the Affidavit of Publication, in duplicate, with charges involved to this office. Thank you. Sincerely, Irish Morgan, Deputy Clerk Enclosu res P.O./Account # 111-138317-649110 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, February 11, 2003 in the County Commissioners Boardroom, 3r~ Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida the Board of County Commissioners will hold a public hearing to consider the adoption of the following Amendments to the Growth Management Plan. The meeting will commence at 9:00 A.M. The Title of the proposed ordinance is as follows: ORDINANCE NO. 03- AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY: AMENDING THE FUTURE LAND USE ELEMENT; THE FUTURE LAND USE MAP; THE SANITARY SEWER SUB-ELEMENT, AND THE POTABLE WATER SUB-ELEMENT, AND THE WATER AND SEWER DISTRICT BOUNDARY MAP OF THE PUBLIC FACILITIES ELEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. THESE AMENDMENTS ARE TO SUPPORT FUTURE IMPLEMENTATION OF THE HERITAGE BAY DEVELOPMENT OF REGIONAL IMPACT (DRI) BY ESTABLISHING THE URBAN-RURAL FRINGE TRANSITION ZONE OVERLAY. All interested parties are invited to appear and be heard. Copies of the proposed Growth Management Plan Amendments are available for inspection at the Collier County Clerk's Office, 4th Floor, Administration Building, County Government Center, East Naples, Florida; and at Comprehensive Planning Section, 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to these documents should be directed to the Comprehensive Planning Section. Written comments filed with the Clerk to the Board's Office prior to February 11, 2003, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Patricia L. Morgan, Deputy Clerk ( SEAL ) 8~ I T45S I T47S I T48S I T 49 S I T 60 s J Ts~s I T62S I eLI LU AJ. Nff)O AJ. NI'IO00~WMO~8 r3 i~ Z W Me:~$c° ~N~O3~Q Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT COLUER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST RO. BOX 413044 NAPLES, FLORIDA 34101-3044 CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS January 27, 2003 David Key, AICP Regional Vice President U.S. Home Corporation 10491 Six Mile Cypress Ft. Myers, Florida 33912 Re: Notice of Public Hearing to consider Petition for Amendment to Ordinance 89-05, Heritage Bay Development Dear Sir: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 11, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, January 31, 2003 and Wednesday, February 5, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Patricia L. Morgan, Deputy Clerk Enclosure Patricia L. Mor~lan To: Subject: Pam Perrell (E-mail) Advertising - Ordinance Amending Ordinance 89-05 (Heritage Bay) 88, Hi Pam, Please advertise the attached 2003. Thank you, Trish Minutes & Records ORD.AMEND.ORD. ~9-05.HERTTAGE B.. Ord. Amend 89-05 Heritage Bay .... on Friday, Jan.31 and Wednesday, February FAX TO: LOCATION: FAX NO: 'Zb~- qq 05 COMMENTS: FROM: LOCATION: FAX NO: COLLIER COUNTY COURTHOUSE/MINUTES & RECORDS (941) 774-8408 PHONE NO: DATE SENT: TIME SENT: # OF PAGES: (941) 774- 2. ~ PM (INCLUDING COVER SHEET) msword/Q/Fax Form 10/30/01 ;tm Patricia L. Mor~lan From: Sent: To: Subject: postmaster@clerk.collier.fi.us Tuesday, January 28, 2003 8:15 AM Patricia L. Morgan Delivery Status Notification (Relay) A'Fl'170355.txt Advertising - Ordinance Amendi.., This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. paperrell@naplesnews.com Patricia L. Morgan From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Tuesday, January 28, 2003 8:07 AM Patricia L. Morgan Delivered: Advertising - Ordinance Amending Ordinance 89-05 (Heritage Bay) Advertising - Drdinance Amendi... <<Advertising - Ordinance Amending Ordinance 89-05 (Heritage Bay)>> Your message To: Pam Perrell (E-mail) Subject: Advertising - Ordinance Amending Ordinance 89-05 (Heritage Bay) Sent: Tue, 28 Jan 2003 08:14:36 -0500 was delivered to the following recipient(s): Perrell, Pamela on Tue, 28 Jan 2003 08:07:15 -0500 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. La_ mb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PLIBLIC NOTICE was published in said 2 me(s) in the issue on January 31, February 5, 2003 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Flor/da, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ( Signature of at'fiant) Sworn to and subscribed before me 6th cl~y of February, 2003 (Signature of rotary public) ~.~%0. Donna Chesney · ~,~,j My Commis, sion 0D056336 Expires September 11, 2005 RECEIVED FEB 0 ~iNANCE OEP'T PUBLi:: ; NOTICE NOTICE OF INTENT TO I:ONSIDEfl OiIDp J iCE Notice is hereby given that*on TUESDAY, February 11. ~YL'~ !n. t_l~l~cl~ty Commissioners Boardroon~, 3rd Floor, Administration B~i-I~Jing, C~fl'eF~0unty Government Center, 3301 East Tamiami Trail, Naples, Florida the Board of County Commissioners will hold a public hearing to consider the adoption of the following Amendments to the Growth Management Plan. The meeting will commence at 9:00 A.M. The Title of the proposed ordinance is as follows: ORDII~ANCE NO. 03-.. AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY: AMENDING THE FUTURE LAND USE ELEMENT; THE FUTURE LAND USE MAP; THE SANITARY SEWER SUB-ELEMENT, AND THE POTABLE WATER SUB-ELEMENT, AND THE WATER AND SEWER DISTRICT BOUNDARY MAP OF THE PUBLIC FACILITIES ELEMENT; PROVI'DING FOR SEVERABIL~TY; AND PROVIDING FOR AN EFFECTIVE DATE. THESE AMENDMENTS ARE TO SUPPORT FUTURE IMPLEMENTATION OF THE HERITAGE BAY DEVELOPMENT OF REGIONAL IMPACT (DRI) BY ESTABLISHING THE URBAN-RURAL FRINGE TRANSITION ZONE OVERLAY. All interested parties are. invited to appear and be heard. Copies of the proposed Growth Management Plan Amendments are available for inspection at the Collier County Clerk's Office, 4th Floor, Administration Building, County Government Center, East Naples, Florida; and at Comprehensive Planning Section, 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8:00 A.M. and 5:00 P~M., Monday through Friday. Any questions pertaining to these documents should be directed to the Comprehensive Planning Section. Written comments filed with the Clerk to the Board's Office prior to February 11,2003, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By:/s/Patdcia L. Morgan, Deputy Clerk 8B MAP OF: HERITAGE BAY AERIAL PHOTOGRAPH ON MICROFILM IN THE CLERK TO THE BOARD MINUTES & RECORDS DEPARTMENT ORDINANCE NO. 03- o7 AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY: AMENDING THE FUTURE LAND USE ELEMENT; THE FUTURE LAND USE MAP; THE SANITARY SEWER SUB-ELEMENT, AND THE POTABLE WATER SUB-ELEMENT, AND THE WATER AND SEWER DISTRICT BOUNDARY MAP OF THE PUBLIC FACILITIES ELEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. THESE AMENDMENTS ARE TO SUPPORT FUTURE IMPLEMENTATION OF THE HERITAGE BAY DEVELOPMENT OF REGIONAL IMPACT (DRI) BY ESTABLISHING THE URBAN-RURAL FRINGE TRANSITION ZONE OVERLAY. WHEREAS, Collier County, pursuant to Section 163.3161, et seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, Section 380.06(6)(b), Florida Statutes, provides that Plan Amendments related to Developments of Regional Impact (DRIs) are not subject to "statutory or local ordinance limits on the frequency of consideration of amendments to the local comprehensive plan; and WHEREAS, Collier County Resolution 97-431 provides for a public petition process to amend the Plan; and WHEREAS, the Petitioner, U.S. Home Corporation, has proposed to amend the following elements of the Collier County Growth Management Plan: Future Land Use Element, including the Future Land Use Map; Sanitary Sewer Sub-Element and Potable Water Sub-Element of the Public Facilities Element as well as the Water and Sewer District Boundary Map; and WHEREAS, Collier County did transmit these Growth Management Plan amendments to the Department of Community Affairs for preliminary review on September 23, 2002; and WHEREAS, the Department of Community Affairs did review and did make written objections to the Growth Management Plan amendments and the Water and Sewer District Boundary Map and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, the Department of Community Affairs did reconsider its written objections and, upon the submittal of revised language by the Petitioner, did remove said objections; and Words underlined are additions; Words ...... ~- *~- ..... ~- ............. ~,,. are deletions 1 WHEREAS, Collier County has 60 days from receipt of the Objections, Recommendations, and Comments Report from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of these amendments, including the following: the Collier County Staff Report; the Application for Development Approval (DRI Application); the Application For A Request To Amend The Collier County Growth Management Plan and Sufficiency Response #1 to the document entitled Collier County Growth Management Plan Amendment Heritage Bay DRI; and the other documents, testimony and information presented and made a part of the record at the meetings of the Collier County Planning Commission held on February 6, 2003, and the Collier County Board of County Commissioners held on February 11,2003; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the amendments to the Growth Management Plan referenced above on February 11,2003; and WHEREAS, all applicable substantive and procedural requirements of law have been met. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ADOPTION OF AMENDMENTS TO THE FUTURE LAND USE ELEMENT, INCLUDING THE FUTURE LAND USE MAP; SANITARY SEWER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT AND POTABLE WATER SUB- ELEMENT OF THE PUBLIC FACILITIES ELEMENT AND THE WATER AND SEWER DISTRICT BOUNDARY MAP OF THE GRWOTH MANAGEMENT PLAN. The Board of County Commissioners hereby adopts these amendments to the Future Land Use Element, including the Future Land Use Map; Sanitary Sewer Sub- Element of the Public Facilities Element and Potable Water Sub-Element of the Public Facilities Element and the Water and Sewer District Boundary Map, in accordance with Section 163.3184, Florida Statutes. The text and maps comprising the amendment are attached hereto as Exhibit "A" and are incorporated by reference herein. SECTION TWO: SEVERABILITY. 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. Words underlined are additions; Words ~*-'~'- '~ ..... ~. ............. ~., are deletions 2 SECTION THREE: EFFECTIVE DATE. The effective date of these amendments shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendments in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on these amendments may be issued or commence before they have become effective. If a final order of noncompliance is issued by the Administration Commission, these amendments may nevertheless be made effective by adoption of a Resolution affirming their effective status, a copy of which Resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Boulevard, 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this /"/~ay of,,,-r-o/~,,.~,~y, 2003. / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TOI~I ~'E~NING, ~HAIRMA~ ~ Approved as to Form and Legal Sufficiency Marjorie r0. Student, Assistant County Attorney Adoption Ordinance CP-2000-6 Words underlined are additions; Wordsof .... Il ~ .... .............. gh are deletions 3 FUTURE LAND USE ELEMENT SANITARY SEWER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT POTABLE WATER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Exhibit A CP-2000-6 FUTURE LAND USE ELEMENT Policy 1.5: Overlays and Special Features shall include: A. Area of Critical State Concern Overlay B. Areas of Environmental Concern Overlay C. Airport Noise Overlay D. Rural Lands Stewardship Area Overlay E. Bayshore/Gateway Triangle Redevelopment Overlay E. Urban-Rural Fringe Transition Zone Overlay [added text: page 11] VI. OVERLAYS AND SPECIAL FEATURES E. URBAN-RURAL FRINGE TRANSITION ZONE OVERLAY [new text, page 77] Sections 13, 14, 23, and 24, Township 48 South, Range 26 East consisting of +2,562 acres which overlap the Urban and Agricultural/Rural boundary line, north of the intersection of Immokalee Road and County Road 951, are under common ownership and through comprehensive planning may resolve potential local land use conflicts and provide for the realization of unique regional environmental opportunities. Among the causes of potential land use conflicts are the abrupt transitionless switch from urban densities (4+ units per acre) in Section 23 to rural densities (1 unit per 5 acres) in Sections 13, 14 and 24, and the continuation of earth mining in an increasingly urbanized residential area. Under existing permits from the U.S. Army Corps of Engineers (USACOE) and Florida Department of Environmental Protection, a total of +1,700 acres in these four Sections have been or may be mined. Sections 13, 14 and 24 in the Agricultural/Rural Area contain large wetland areas in the north, which are contiguous to wetlands proposed for the Cocohatchee West Flow-way and slated for acquisition by the Corkscrew Regional Ecosystem Watershed (CREW) Trust. These wetland areas extend in a contiguous fashion south into Section 23 in the Urban Area, in close proximity to the Mixed Use Activity Center quadrant designated within this Section. Sections 13, 14 and 24 in the Agricultural/Rural Area contain large wetland areas in the north, which are contiguous to wetlands proposed for the Cocohatchee West Flowway [Words underlined are added. Words stn:clc t~rc, ugh are deleted] and are slated for acquisition by the Corkscrew Regional Ecosystem Watershed (CREW) Trust. These wetland areas extend in a contiguous fashion south into Section 23 in the Urban Area, in close proximity to the Mixed Use Activity Center quadrant designated within this Section. To resolve potential land use conflicts and protect environmental resources, an Urban- Rural Fringe Transition Zone Overlay is created which encompasses all four sections, and all development proposed within the Overlay area shall comply with the following performance standards: Approximately 533 acres of wetlands, which exist on the property, are currently in a conservation easement. An additional 300 acres of wetlands will be placed in conservation easement status. Together these 830 + acres of wetlands have the potential to be connected to wetland sites off-site thereby providing an environmental and wildlife corridor connection. Native vegetation or other natural areas (inclusive of conservation areas) shall cover a minimum of 40% of the gross land area (or its equivalent off-site) exclusive of existing rock quarries. Seventy percent (70%) of the gross land area shall be devoted to open space, including but not limited to, lakes (including existing rock quarries), golf courses and conservation areas. To the greatest extent practical, the existing rock quarries shall be incorporated into the regional water management system and utilized to accommodate the passing through of off-site water flows and may be used for recreational purposes. Development on the property shall connect to the County's regional water and wastewater facilities, which exist at the southwest corner of the property at the intersection of Immokalee Road and County Road 951, which regional service area is expanded to include all of the property. The maximum number of residential units on the entire Heritage Bay property shall not exceed 3,450 (not including 200 ALF units). This number may be allocated and developed among all of the Sections, in conformance with the environmental preservation requirements referenced in Sub-paragraph 1, above, and shall be clustered, in order to achieve conformance with the other performance standards applicable to this Overlay. Development of the property shall be designed to encourage internal vehicle trip capture by providing commercial and recreational uses and shall provide for pedestrian and bicyclist access to internal community recreation and convenience retail centers. Internal project roadways shall be connected and shall provide access to the Activity Center located in the southwest corner of the property. [Words underlined are added. Wordso. .....,,~7 ,. ..... e,-~ are deleted] 2 8. Commercial activities are limited to a total of 40 acres within the Activity Center located at the northeast quadrant of the intersection of Collier Boulevard and Immokalee Road and three "Village Centers" totaling approximately 26 acres within the residential part of the Heritage Bay development. The Activity Center commercial uses will include a maximum of 150,000 square feet of retail uses and 50,000 square feet of office uses. The Village Center commercial uses will include a maximum of 10,000 square feet of retail uses, 10,000 square feet of restaurant uses, 5,000 square feet of marina related retail uses, and 5,000 square feet of office uses. o For golf course(s) located in Sections 13, 14, and 24, for each five (5) gross acres of land area utilized as part of the golf course(s) ("golf course" shall include the clubhouse area, rough, fairways, greens, and lakes, but excludes any area dedicated as a conservation area, which is non-irrigated and retained in a natural state) one (1) transfer of development right (TDR) credit shall be acquired from areas identified by the County as "Sending Lands". In the event that construction of approved golf course(s) commences in Sections 13, 14 or 24 prior to the effective date of the County's applicable TDR program, the developer shall provide, in a manner and form acceptable to the County, financial assurances to guarantee sufficient funds to purchase the necessary number of TDR credits for golf courses. The funds guaranteed by the developer or paid to the County for the golf course TDR credits shall be equal to the required number of TDRs multiplied by the estimated value of a TDR as established by the applicable County TDR program. If such program is not in existence at the time of payment as set forth below, then the amount shall be as set forth in the Final Report by Dr. James C. Nicholas, dated November 23, 2001. If the construction of approved golf course(s) commences in Section 13, 14, or 24 prior to the effective date of the County's applicable TDR program, then the developer shall be required to acquire the appropriate TDR credits for golf course(s) within 90 days following implementation of the County's TDR program. In the event that an applicable TDR program has not been implemented by the County and is not effective within forty-eight (48) months from the adoption date of this plan amendment, then funds guaranteed by the developer or held by the County for the transfer of development right credits for golf course(s) pursuant to this paragraph shall be released or refunded to the developer and the requirements of this paragraph relating to the guaranteed funds for TDR credits shall be null and void. [Words underlined are added. Words stn:clz thr,vugh are deleted] 3 SANITARY SEWER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT POLICY 1.5.1: [added text: page SS-7] Discourage urban sprawl by permitting universal availability of central sanitary sewer systems only: in the Designated Urban-Rural Fringe Transition Zone Overlay and Urban Area of the Future Land Use Element of this Plan, and in Towns, Villages, Hamlets, and Compact Rural Developments within the Rural Lands Stewardship Area Overlay. These areas are further identified as: within the Collier County Water and Sewer District Boundaries on Map PW- 1 of the Potable Water Sub-element, except the outlying urban areas of Immokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; within the Rural Lands Stewardship Area Overlay, as each Town, Village, Hamlet and Compact Rural Development is designated; and, in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. POTABLE WATER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT POLICY 1.5.1: [added text: page PW-7] Discourage urban sprawl by permitting universal availability of central potable water systems only: in the Designated Urban-Rural Fringe Transition Zone Overlay and Urban Area of the Future Land Use Element of this Plan, and in Towns, Villages, Hamlets, and Compact Rural Developments within the Rural Lands Stewardship Area Overlay. These areas are further identified as: within the Collier County Water and Sewer District Boundaries on Map PW- 1 of the Potable Water Sub-element, except the outlying urban areas of Immokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; within the Rural Lands Stewardship Area Overlay, as each Town, Village, Hamlet and Compact Rural Development is designated; and, in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. [Words underlined are added. Words ....... ..... ~- '~'~ ..... ..... 6,,~' are deleted] 4 T 46 S I T 47 S I S6~,L S LI~ .L T48S T 49 S T 50 S T515 kt ':" ' EXHIBIT A URBAN - RURAL ZONE FRINGE TRANSITION OVERLAY LE~ OOUNTY ~ URBAN-RURAL i I FRINGE TRANSITION ZONE OVERLAY 10 11 12 / 7 / 22 IMMO~ R~ (C.~ ~) ~,,,,,~,,., ..... ~ _ ~ ~ PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE: 1/2003 FILE: FLUE-2003-1-A2.DWG SCALE 1500 FT. 3000 FT. LEGEND URBAN-RURAL FRINGE TRANSITION ZONE OVERLAY Exhibit "A" 8 COLLIER MAP PW-1 COUNTY'S TWO (2) WATER AND/OR DISTRICTS - BOUNDARIES Collier County, Florido LEE CO. I co~R'~O, m m m ~ m I I - I m m %--~ m m SEWER CITY OF NAPLES WATER SERV1CE AREA PINE RIOGE RD GULF OF MEXICO CIl OF NAPI RADIO RD OA~S BOULEVARD RATTLESNAKE HAMMOCK RO COUNTY TER AND SEWER DI<. INTERSTATE - 75 SCALE 6 N,. ~,. PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SEC1]ON COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES OIVISION SOURCE: COLLIER COUNTY U~]UTIES DIVISION, 1995 DATE: g/g5 FILE: PW-1.DWG REVISED: 1/03 % %% %% %% I ! GOODLANDI I WATER i DISTRICT I i STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2003-07 Which was adopted by the Board of County Commissioners on the llth day of February, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 13th day Of February, 2003. DWIGHT E. ~.R~H~...~,~.2~:~,,, Clerk of ~~,~d County Co~ ' ~ By: Teri M~c~a~'t~;' Deputy ',3 )ze.s~5 2 O Donna Fiala COLLIER COUNTY a~a.~ COUNTY COMMISSIONER ~" 0e _~q~ · 774-8389 · 9A Fred W. Coyle COLLIER COUNTY COUNTY COMMISSIONER 774-8392 9~ RESOLUTTON NO. 2003-76 A RESOLUTION OF THE BOARD OF COUNTY COMMTSS]:ONERS TO APPOINT MEMBERS TO THE LAND ACC~UISITZON ADVISORY COMMITTEE. 9A Collier County Ordinance Committee; and WHEREAS, Ordinance WHEREAS, on December 3, 2002, the Board of County Commissioners adopted No. 2002-63 which created the Land Acquisition Advisory No. 2002-63 provides that the Land Acquisition Advisory Committee shall consist of nine (9) members that are residents of Collier County which comprise a broad and balanced representation of interests, including environmental and conservation, agricultural and business, educational interests, and general civic and citizen interests; and WHEREAS, the membership of this Committee is currently vacant; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Environmental Services Director has provided the Board of County Commissioners with a summary of applicants. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the members listed below are hereby appointed to the Land Acquisition Advisory Committee with their assigned categories and respective terms as follows: YEAR NAME CATEGORY TERM EXPIRES: John E. Carlson IVlichael .1. Delate Marco A. Espinar Linda A. Lawson William H. Poteet, Jr. Kathy Prosser Ellin Goetz Wayne Jenkins Willis P. Kriz Environmental and Conservation Environmental and Conservation/General Civic Environmental and Conservation/General Civic/ Agricultural and Business Agricultural and Business/General Civic Agricultural and Business Environmental and Conservation Environmental and Conservation/ Agricultural and Business General Civic Environmental and Conservation/General Civic/ Agricultural and Business 1 1 1 2 2 2 3 3 3 This Resolution adopted after motion, second and majority vote. DATED: February 11, 2003 A'I-FEST: DWIGHT E. B ~ROCK, Clerk ,, ;:,:-s ~. .... ~ ~,',~f¥~.,,. "', BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: David C. Weigel County Attorney DCW/kn:h;public;kay;advisoryboards RESOLUTION NO. 2003-77 A RESOLUTI'ON OF THE BOARD OF COUNTY COMMISSI'ONERS TO APPOINT BRADLEY WILLIAM SCHIFFER TO THE COLLt'ER COUNTY PLANNING COMMISSION. WHEREAS, the Collier County Planning Commission was established by Collier County Ordinance No. 85-51, as amended by Collier County Ordinance No. 86-76; and WHEREAS, Collier County Ordinance No. 91-102, as amended, repealed and replaced Ordinance No. 85-51, as amended, re-establishing the Collier County Planning Commission; and WHEREAS, Ordinance No. 91-102, as amended, provides that the Collier County Planning Commission shall be composed of nine (9) members representing the five commission districts; and WHEREAS, there is currently a vacancy in Commission District 2; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW, THEREFORE, BE IT RESOLVED BY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THE BOARD OF COUNTY that Bradley William Schiffer is hereby appointed under Commission District 2 to the Collier County Planning Commission to fulfill the remainder of the vacant term, said term to expire on October 1, 2004. This Resolution adopted after motion, second and majority vote. DATED: February 11, 2003 ATTEST: DWIGHT E. BROCK~ Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HE~JNTNG, ~hairr~_~.~'~ Approved as to form and legal sufficiency: David C. Weigel County Attorney DCW/kn: h;public; kay;advisory boards RESOLUT'ZON NO. 2003-78 RESOLUTt'ON OF THE BOARD OF COUNTY COMMI'SSI'ONERS TO APPOZNT AND REAPPOTNT MEMBERS TO THE COLLZER COUNTY CODE ENFORCEMENT BOARD. WHEREAS, Collier County Ordinance No. 92-80, as amended, provides that the Collier County Code Enforcement Boards shall consist of seven regular members and two alternate members; and WHEREAS, the terms of 4 members will expire creating vacancies on this Board, including a vacancy in the Alternate category; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMTSSTONERS OF COLLTER COUNTY, FLORIDA, that: 1. Albert Doria, Ir., is hereby appointed as Alternate to the Collier County Code Enforcement Board for a 3 year term, said term to expire on February 14, 2006. 2. Kathryn Godfrey is hereby reappointed as a regular member to the Collier County Code Enforcement Board for a 3 year term, said term to expire on February 14, 2006. 3. Gerald _1. Lefebvre is hereby reappointed as a regular member to the Collier County Code Enforcement Board for a 3 year term, said term to expire on February 14, 2006. 4. George P. Ponte is hereby reappointed as a regular member to the Collier County Code Enforcement Board for a 3 year term, said term to expire on February 14, 2006. BE IT FURTHER RESOLVED that the Board of County Commissioners of Collier County hereby waives the provisions of Section Seven B. of Ordinance No. 2001-55, relating to a limitation of two consecutive terms of office, for the purpose of reappointment of George P. Ponte to this Committee. This Resolution adopted after motion, second and majority vote. DATED: February 11, 2003 DWIG,,I¢'['..., . E."BR?~:~ Clerk ~pproved as to form and legal sufficiency: D3vid C2 Weigel CounW A~orney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA RESOLUTI'ON NO. 2003-79 RESOLUT'I*ON OF THE BOARD OF COUNTY COMlVlI'SSI'ONERS TO APPOI*NT VINCENT A. CAUTERO TO THE WORKFORCE HOUSI'NG ADVI*SORY COIVIMTTTEE. WHEREAS, on .lune 26, 2001, the Board of County Commissioners adopted Collier County Ordinance No. 2001-042 establishing the Workforce Housing Advisory Committee as an Ad Hoc Committee; and WHEREAS, Ordinance No. 2001-42 provides that the Workforce Housing Advisory Committee shall be composed of ten (10) members; and WHEREAS, there is currently a vacancy on this committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Workforce Housing Advisory Committee has provided the Board of County Commissioners with its recommendation for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Vincent A. Cautero is hereby appointed to the Workforce Housing Advisory Committee to fulfill the remainder of the vacant term, said term to expire on June 26, 2003. This Resolution adopted after motion, second and majority vote. DATED: February 11, 2003 ATTEST: DWIGHT E..BROCK, Clerk Approved as to form and legal sufficiency: David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HE~'NING, (~hairman -- DCW/kn :h;public;kay;advisoryboards RESOLUTION NO. 2003-80 A RESOLUTION OF THE BOARD OF COUNTY COMMi'SSIONERS TO APPOINT MEMBERS TO THE COLLIER COUNTY COASTAL ADVTSORY COMMITTEE. WHEREAS, the Board of County Commissioners adopted Collier County Ordinance No. 2001-03, as amended, creating the Collier County Coastal Advisory Committee; and WHEREAS, Ordinance No. 2001-03 provides that the Coastal Advisory Committee shall be composed of nine (9) members whose representation shall consist of three (3) members from the unincorporated area of Collier County, 3 members from the City of Marco Island, and 3 members from the City of Naples; and WHEREAS, there are currently vacancies on this Committee for the City of Marco Island; and WHEREAS, provided the appointment. in a letter dated February 4, 2003, the City of Marco Island has Board of County Commissioners with its recommendations for NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. John A. Arceri, representing the City of Marco Island, is hereby appointed to the Collier County Coastal Advisory Committee for the remainder of the vacant term, said term to expire on May 22, 2003. 2. Bedford H. Biles, representing the City of Marco Island, is hereby appointed to the Collier County Coastal Advisory Committee for the remainder of the vacant term, said term to expire on May 22, 2004. This Resolution adopted after motion, second and majority vote. DATED: February 11, 2003 ATTEST: DWIGHT E~.BROCK, Clerk - · ~.: ~,~ r~ · ~ · , .' ~_. '.~-~. By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TON~H-ENNING, ~:halrman ~v Approved as to form and legal sufficiency: David C. Weigel County Attorney DCW/kn/h; pu blic;kay;advisoryboards RESOLUTION NO. 2003 - 81 A RESOLUTION OPPOSING DISCRIMINATION BY THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS WHEREAS, the Board of County Commissioners of Collier County, Florida has determined that unlawful discrimination within Collier County in connection with, among other things, employment, education, medical care, housing accommodations, commercial transactions, public service, resorts and amusement, and other places of public accommodation, real estate transactions or other means of contracting and procurement threatens the equal rights and opportunities of the people of Collier County; and WHEREAS, the Board of County Commissioners opposes such discrimination and seeks to promote the equal interests, rights, opportunities and privileges of all the people of the County; and WHEREAS, the Board of County Commissioners seeks to educate the Collier County community about existing federal, state and local agencies established to process discrimination inquiries and complaints, and aid in the utilization of these agencies; and WHEREAS, the Board of County Commissioners seeks to support the equal rights and opportunities of the people of Collier County through the creation of a Community Relations Information and Referral Service that will be directed toward providing information, referrals, discussion and education on matters affecting human relations and civil rights issues in the Collier County community as a whole; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners supports the equal rights and opportunities of all of the people of Collier County; opposes discrimination and seeks to promote the interests, rights and privileges of all of the citizens of Collier County. 2. The Board of County Commissioners directs the County Manager to establish and administer a Community Relations Information and Referral Service that will provide the public with a source for information, referrals, discussion and education on matters affecting human relations and civil rights issues in the Collier County community as a whole. This Resolution adopted after motion, second, and majority vote. DATED: ATTES,~':-',~ ...... ':7'.-9 ii.. .. DWlQHT E~BRQC~Clerk Dep~,Cle~s~?as to Chal~n s Approved ai:~;6~ and legal sufficiency: By: BOARD OF COUNTY COMMISSIONERS C OLLIE~UNT..~/O_RID A o By: T01~ HENN~G, Chair~ acq"ueline Hubbard Robinson ssistant County Attorney H: JackiedHuman Relations/Resolution 2 COLLIER COUNTY, FLORIDA GAS TAX REVENUE BOND RESOLUTION ADOPTED 2-1 1 , 2003 10B SECTION 1.01. SECTION 1.02. SECTION 1.03. SECTION 1.04. SECTION 1.05. SECTION 1.06. SECTION 2.01. SECTION 2.02. SECTION 2.03. SECTION 2.04. SECTION 2.05. SECTION 2.06. SECTION 2.07. SECTION 2.08. SECTION 3.01. SECTION 3.02. SECTION 3.03. SECTION 3.04. SECTION 3.05. TABLE OFCONTENTS PAGE ARTICLE I GENERAL DEFINITIONS ......................................... 1 AUTHORITY FOR RESOLUTION ........................ 12 RESOLUTION TO CONSTITUTE CONTRACT ............. 12 FINDINGS ............................................ 13 INITIAL PROJECT ..................................... 13 PRIOR BONDS ........................................ 14 ARTICLE II AUTHORIZATION, TERMS, EXECUTION AND REGISTRATION OF BONDS AUTHORIZATION OF BONDS .......................... 15 AUTHORIZATION AND DESCRIPTION OF SERIES 2003 BONDS ............................................. 15 EXECUTION OF BONDS ............................... 16 AUTHENTICATION ................................... 17 TEMPORARY BONDS ................................. 17 BONDS MUTILATED, DESTROYED, STOLEN OR LOST .... 17 INTERCHANGEABILITY, NEGOTIABILITY AND TRANSFER .......................................... 18 FORM OF BONDS ..................................... 19 ARTICLE III REDEMPTION OF BONDS PRIVILEGE OF REDEMPTION .......................... 28 SELECTION OF BONDS TO BE REDEEMED .............. 28 NOTICE OF REDEMPTION ............................. 28 REDEMPTION OF PORTIONS OF BONDS ................ 30 PAYMENT OF REDEEMED BONDS ..................... 30 SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION 4.01. 4.02. 4.03. 4.04. 4.05. 4.06. 4.07. 4.08. 5.01. 5.02. 5.03. 5.04. 5.05. 5.06. 5.07. 5.08. 5.09. 5.10. 6.01. 6.02. 6.03. 6.04. 6.05. 6.06. 6.07. ARTICLE IV SECURITY, SPECIAL FUNDS AND APPLICATION THEREOF BONDS NOT TO BE INDEBTEDNESS OF ISSUER ......... 31 SECURITY FOR BONDS ............................... 31 CONSTRUCTION FUND ............................... 31 FUNDS AND ACCOUNTS .............................. 33 DISPOSITION OF GAS TAX REVENUES ................. 34 REBATE FUND ....................................... 40 INVESTMENTS ....................................... 41 SEPARATE ACCOUNTS ............................... 42 ARTICLE V SUBORDINATED INDEB TEDNES S, ADDITIONAL BONDS, AND COVENANTS OF ISSUER SUBORDINATED INDEBTEDNESS ...................... 43 ISSUANCE OF ADDITIONAL BONDS .................... 43 BOND ANTICIPATION NOTES .......................... 45 ACCESSION OF SUBORDINATED INDEBTEDNESS TO PARITY STATUS WITH BONDS ........................ 45 BOOKS AND RECORDS ................................ 45 ANNUAL AUDIT ...................................... 46 NO IMPAIRMENT ..................................... 46 COLLECTION OF GAS TAX REVENUES ................. 46 COVENANTS WITH CREDIT BANKS AND INSURERS ..... 46 FEDERAL INCOME TAX COVENANTS; TAXABLE BONDS. 46 ARTICLE VI DEFAULTS AND REMEDIES EVENTS OF DEFAULT ................................. 48 REMEDIES ........................................... 48 DIRECTIONS TO TRUSTEE AS TO REMEDIAL PROCEEDINGS ...................................... 49 REMEDIES CUMULATIVE ............................. 49 WAIVER OF DEFAULT ................................ 49 APPLICATION OF MONEYS AFTER DEFAULT ........... 50 CONTROL BY INSURER ............................... 51 ii ARTICLE VII SUPPLEMENTAL RESOLUTIONS SECTION 7.01. SECTION 7.02. SECTION 7.03. SUPPLEMENTAL RESOLUTION WITHOUT BONDHOLDERS' CONSENT ........................... 52 SUPPLEMENTAL RESOLUTION WITH BONDHOLDERS' AND INSURER'S CONSENT ........................... 53 AMENDMENT WITH CONSENT OF INSURER ONLY ...... 55 ARTICLE VIII MISCELLANEOUS SECTION 8.01. SECTION 8.02. SECTION 8.03. SECTION 8.04. SECTION 8.05. SECTION 8.06. SECTION 8.07. DEFEASANCE ........................................ 56 CAPITAL APPRECIATION BONDS ...................... 58 SALE OF BONDS ...................................... 58 SEVERABILITY OF INVALID PROVISIONS .............. 58 VALIDATION AUTHORIZED ........................... 58 REPEAL OF INCONSISTENT RESOLUTIONS ............. 58 EFFECTIVE DATE .................................... 59 EXHIBIT A DESCRIPTION OF INITIAL PROJECT ................... A-1 iii RESOLUTION NO. 2003-82 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING THE ISSUANCE BY COLLIER COUNTY, FLORIDA OF $ _ IN AGGREGATE PRINCIPAL AMOUNT OF COLLIER COUNTY, FLORIDA GAS TAX REVENUE BONDS, SERIES 2003 IN ORDER TO PROVIDE FUNDS FOR THE PRINCIPAL PURPOSES OF FINANCING THE COSTS OF VARIOUS TRANSPORTATION IMPROVEMENTS WITHIN THE COUNTY AND REFINANCING CERTAIN INDEBTEDNESS; PLEDGING THE MONEYS RECEIVED BY THE COUNTY FROM THE HEREIN DESCRIBED GAS TAX REVENUES TO SECURE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SAID BONDS; PROVIDING FOR THE ISSUANCE OF ADDITIONAL BONDS; PROVIDING FOR CERTAIN ADDITIONAL MATTERS IN RESPECT TO SAID BONDS; AND PROVIDING FOR AN EFFECTIVE DATE FOR THIS RESOLUTION. ARTICLE I GENERAL SECTION 1.01. DEFINITIONS. When used in this Resolution, the following terms shall have the following meanings, unless the context clearly otherwise requires: "Accreted Value" shall mean, as of any date of computation with respect to any Capital Appreciation Bond, an amount equal to the principal amount of such Capital Appreciation Bond (the principal amount at its initial offering) plus the interest accrued on such Capital Appreciation Bond from the date of delivery to the original purchasers thereof to the Interest Date next preceding the date of computation or the date of computation if an Interest Date, such interest to accrue at a rate not exceeding the legal rate, compounded semiannually, plus, with respect to matters related to the payment upon redemption or acceleration of the Capital Appreciation Bonds, if such date of computation shall not be an Interest Date, a portion of the difference between the Accreted Value as of the immediately preceding Interest Date and the Accreted Value as of the immediately succeeding Interest Date, calculated based on the assumption that Accreted Value accrues during any semi-annual period in equal daily amounts on the basis of a 360-day year. "Act" shall mean Chapter 125, Florida Statutes, Sections 206.60, 336.021 and 336.025, Florida Statutes, the Home Rule Ordinance, the Gas Tax Ordinances, the Interlocal Agreements, and other applicable provisions of law. "Additional Bonds" shall mean the obligations issued at any time under the provisions of Section 5.02 hereof on a parity with the Series 2003 Bonds. "Additional Project" shall mean the acquisition and construction of such properties, facilities and improvements as shall be permitted by the Act. This term is to be broadly construed as including any lawful undertaking, including, without limitation, joint ventures and acquisition of partial interests or contractual rights. The description of such Additional Project shall be set forth in the Supplemental Resolution authorizing the issuance of Bonds which shall finance the acquisition, construction and funding of such Additional Project. "Amortization Installment" shall mean an amount designated as such by Supplemental Resolution of the Issuer and established with respect to the Term Bonds. "Annual Debt Service" shall mean the aggregate amount of Debt Service on the Bonds for each applicable Fiscal Year. "Authorized Investments" shall mean any of the following, if and to the extent that the same are at the time legal for investment of funds of the Issuer: [TO COME] (__) Units of participation in the Local Government Surplus Funds Trust Fund established pursuant to Part IV, Chapter 218, Florida Statutes, or any similar common trust fund which is established pursuant to State law as a legal depository of public moneys, provided all Outstanding Bonds are insured as to payment by such Insurer or Insurers. (__) Other investments approved by the Insurer or Insurers of the Bonds, provided all Outstanding Bonds are insured as to payment by such Insurer or Insurers. "Authorized Issuer Officer" shall mean the chief administrative officer of the Issuer, or his or her assignee, and when used in reference to any act or document also shall mean any 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. "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 D ay" or "b usiness day" shall mean any day other than a Saturday, Sunday or a day on which banking institutions within the State are authorized by law to remain closed. "Capital Appreciation Bonds" shall mean those Bonds so designated by Supplemental Resolution of the Issuer, which may be either Serial Bonds or Term Bonds and which shall bear interest payable at maturity or redemption. In the case of Capital Appreciation Bonds that are convertible to Bonds with interest payable prior to maturity or prior to redemption of such Bonds, such Bonds shall be considered Capital Appreciation Bonds only during the period of time prior to such conversion. "Chairman" shall mean the Chairman of the Board of County Commissioners of the Issuer, and such other person as may be duly authorized to act on his or her behalf. "Clerk" shall mean the Clerk of the Circuit Court for Collier County, Florida, ex-officio Clerk of the Board of County Commissioners of the Issuer, or such other person as may be duly authorized to act on his or her behalf. "Code" shall mean the Internal Revenue Code of 1986, as amended, and the regulations and rules thereunder in effect or proposed. "Construction Fund" shall mean the fund established pursuant to Section 4.03 hereof. "Cost" or "Costs", when used in connection with a Project, shall, to the extent permitted by the Act, mean (1) the Issuer's cost of physical construction; (2) costs of acquisition by or for the Issuer of such Project; (3) costs of land and interests therein and the cost of the Issuer incidental to such acquisition; (4) the cost of any indemnity and surety bonds and premiums for insurance during construction; (5) all interest due to be paid on the Bonds and other obligations relating to the Project during, and if deemed advisable by the Issuer, for up to one year after the end of, the construction period of such Project; (6) engineering, legal and other consultant fees and expenses; (7) costs and expenses of the financing incurred during, and if deemed advisable by the Issuer, for up to one (1) year after the end of, the construction period for such Project, including audits, fees and expenses of any Paying Agent, Registrar, Insurer, Credit Bank or depository; (8) payments, when due (whether at the maturity of principal or the due date of interest or upon redemption) on any indebtedness of the Issuer (other than the Bonds) incurred for such Project; (9) costs of machinery or equipment required by the Issuer for the commencement of operation of such Project; (10) other costs or expenses which may be funded from proceeds of the Bonds pursuant to the Act; and (11) any other costs properly attributable to such construction or acquisition, as determined by generally accepted accounting principles and shall include reimbursement to the Issuer for any such items of Cost heretofore paid by the Issuer and interest on any interfund loan related thereto. Any Supplemental Resolution may provide for additional items to be included in the aforesaid Costs. "Counterparty" shall mean the entity entering into a Hedge Agreement with the Issuer. Counterparty would also include any guarantor of such entity's obligations under such Hedge Agreement. "Credit Bank" shallmean as to anyparticular Series of Bonds, the Person (other than an Insurer) providing a letter of credit, a line of credit or another credit or liquidity enhancement facility, as designated in the Supplemental Resolution providing for the issuance of such Bonds. "Credit Facility" shall mean as to any particular Series of Bonds, a letter of credit, a line of credit or another credit or liquidity enhancement facility (other than an insurance policy issued by an Insurer), as approved in the Supplemental Resolution providing for the issuance of such Bonds. "Debt Service" shall mean, at any time, the aggregate amount in the then applicable period of time of (1) interest required to be paid on the Outstanding Bonds during such period of time, except to the extent that such interest is to be paid from deposits in the Interest Account made from Bond proceeds, (2) principal of Outstanding Serial Bonds maturing in such period of time, and (3) the Amortization Installments herein designated with respect to such period of time. For purposes of this definition, (A) all amounts payable on a Capital Appreciation Bond shall be considered a principal payment in the year it becomes due, (B) with respect to debt service on any Bonds which are subject to a Qualified Hedge Agreement, interest on such Bonds during the term of such Qualified Hedge Agreement shall be deemed to be the Hedge Payments coming due during such period of time, and (C) the amount on deposit in the Reserve Account (or any subaccount thereof) on any date of calculation of Debt Service shall be deducted from the amount of principal due at the final maturity of the Bonds which are secured by such Reserve Account (or subaccount thereof) and in each preceding year until such amount is exhausted. "Debt Service Fund" shall mean the fund established pursuant to Section 4.04 hereof. "Event of Default" shall mean any Event of Default specified in Section 6.01 of this Resolution. "Fiscal Year" shall mean the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law. "Fitch" means Fitch Ratings and any assigns and successors thereto. "Five Cents Local Option Gas Tax" shall mean the first 5-cents of the local option gas tax levied and received by the Issuer pursuant to Section 336.025(1)(b), Florida Statutes, plus, to the extent provided by Supplemental Resolution of the Issuer, any additional local option gas tax received bythe Issuer pursuant to Section 336.025(1)(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. "Gas Tax Revenues" shall mean the moneys received by the Issuer from the proceeds of the Gas Taxes. "Governing Body" shall mean the Board of County Commissioners of Collier County, Florida or its successor in function. "Hedge Agreement" shall mean an agreement in writing between the Issuer and the Counterparty pursuant to which (1) the Issuer agrees to pay to the Counterparty an amount, either at one time or periodically, which may, but is not required to, be determined by reference to the amount of interest (which may be at a fixed or variable rate) payable on the debt of the Counterparty specified in such agreement in the period specified in such agreement and (2) the Counterparty agrees to pay to the Issuer an amount, either at one time or periodically, which may, but is not required to, be determined by reference to the amount of interest (which may be at a fixed or variable rate) payable on all or a portion 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 Ordinance No. __ 2003, as amended. ., enacted on February 11, "Initial Project" shall mean the acquisition, construction, and reconstruction of roads and bridges and other transportation improvements within Collier County, Florida, as more specifically described in the 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 are then rated, because of such insurance or guarantee, in one of the two most secure grades by one of the Rating Agencies. "Interest Account" shall mean the separate account in the Debt Service Fund established pursuant to Section 4.04 hereof. "Interest Date" or "interest payment date" shall be such date or dates for the payment of interest on a Series of Bonds as shall be provided by Supplemental Resolution. "Interlocal Agreements" shall mean, collectively, the interlocal agreement, relating to the Six Cents Local Option Gas Tax, between the Issuer and the City of Naples, dated May 25, 1999, as the same may be amended or supplemented from time to time[; the interlocal agreement, relating to the Five Cents Local Option Gas Tax, between the Issuer and , dated , as the same may be amended or supplemented from time to time]; and any other interlocal agreement between the Issuer and a municipality located in the Issuer relating to distribution of any of the Gas Taxes. "Investment Earnings" shall mean all income derived from investment of moneys in the funds and accounts established hereunder, other than the Rebate Fund and the Unrestricted Revenue Account. "Issuer" shall mean Collier County, Florida. "Maximum Annual Debt Service" shall mean the largest aggregate amount of the Annual Debt Service becoming due in any Fiscal Year in which Bonds are Outstanding. "Maximum Interest Rate" shall mean, with respect to any particular Variable Rate Bonds, a numerical rate of interest, which shall be set forth in the Supplemental Resolution of the Issuer delineating the details of such Bonds, that shall be the maximum rate of interest such Bonds may at any particular time bear. 7 "Moody's"shall mean Moody's Investors Service, and any assigns or successors thereto. "Ninth Cent Gas Tax" shall mean the tax of one-cent per gallon on motor fuel and special fuel imposed by the Issuer pursuant to Section 336.021, Florida Statutes, approved at a countywide referendum on March 11, 1980, and taxed and collected under Chapter 206, Florida Statutes, as provided in the Gas Tax Ordinances. "Outstanding", when used with reference to Bonds and as of any particular date, shall describe all Bonds theretofore and thereupon being authenticated and delivered except, (1) any Bond in lieu of which another Bond or other Bonds have been issued under agreement to replace lost, mutilated or destroyed Bonds, (2) any Bond surrendered by the Holder thereof in exchange for another Bond or other Bonds under Sections 2.05 and 2.07 hereof, (3) Bonds deemed to have been paid pursuant to Section 8.01 hereof, and (4) Bonds cancelled after purchase in the open market or because of payment at or redemption prior to maturity. "Paying Agent" shall mean for each Series of Bonds any paying agent for such Series of Bonds appointed by or pursuant to this Resolution and its successor or assigns, and any other Person which may at any time be substituted in its place pursuant to this Re solution. "Person" shall mean an individual, a corporation, a partnership, an association, a joint stock company, a trust, any unincorporated organization, governmental entity or other legal entity. "Pledged Funds" shall mean (1) the Gas Tax Revenues and (2) until applied in accordance with the provisions of this Resolution, all moneys, including investments thereof, in the funds and accounts established hereunder, except (A) as for the Unrestricted Revenue Account and the Rebate Fund, and (B) to the extent moneys on deposit in a subaccount of the Reserve Account shall be pledged solely for the payment of the Series of Bonds for which it was established in accordance with the provisions hereof. "Prerefunded Obligations" shall mean any bonds or other obligations of any state of the United States of America or of any agency, instrumentality or local governmental unit of any such state (1) which are (A) not callable prior to maturity or (B) as to which irrevocable instructions have been given to the fiduciary for such bonds or other obligations by the obligor to give due notice of redemption and to call such bonds for redemption on the date or dates specified in such instructions, (2) which are fully secured as to principal, redemption premium, if any, and interest by a fund consisting only of cash or United States Obligations, secured in the manner set forth in Section 8.01 hereof, which fund may be applied only to the payment of such principal of, redemption premium, if any, and interest on such bonds or other obligations on the maturity date or dates thereof or the specified redemption date or dates pursuant to such irrevocable instructions, as the case may be, (3) as to which the principal of and interest on the United States Obligations, which have been deposited in such fund along with any cash on deposit in such fund, are sufficient, as verified by an independent certified public accountant or other expert in such matters, to pay principal of, redemption premium, if any, and interest on the bonds or other obligations on the maturity date or dates thereof or on the redemption date or dates specified in the irrevocable instructions referred to in clause (1) above, and (4) which are rated in the highest rating category (without regard of gradations, such as "plus" or "minus" of such categories) of one of the Rating Agencies. "Principal Account" shall mean the separate account in the Debt Service Fund established pursuant to Section 4.04 hereof. "Prior Bonds" shall mean the Issuer's Collier County, Florida Road Improvement Refunding Revenue Bonds, Series 1995, dated as of July 1, 1995, and any obligations issued pursuant to the Prior Resolution to refund such Bonds. "Prior Resolution" shall mean the Issuer's Resolution No. 80-114, adopted on June 10, 1980, as amended and supplemented. "Project" shall mean the Initial Project and any Additional Project. "Qualified Hedge Agreement" shall mean a Hedge Agreement with a Counterparty which at the time it enters into such Qualified Hedge Agreement is rated "A-" or better by Standard & Poor's and "A3" or better by Moody's. "Rating Agencies" means Fitch, Moody's and Standard & Poor's. "Rebate Fund" shall mean the Rebate Fund established pursuant to Section 4.04 hereof. "Redemption Price" shall mean, with respect to any Bond or portion thereof, the principal amount or portion thereof, plus the applicable premium, if any, payable upon redemption thereof pursuant to such Bond or this Resolution. "Refunding Securities" shall mean the United States Obligations and the Prerefunded Obligations. 108 ' "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. "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 Account" 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. 10 I00 ' "Serial Bonds" shall mean all of the Bonds other than the Term Bonds. "Series" shall mean all the Bonds delivered on original issuance in a simultaneous transaction and identified pursuant to Sections 2.01 and 2.02 hereof or a Supplemental Resolution authorizing the issuance by the Issuer of such Bonds as a separate Series, regardless of variations in maturity, interest rate, Amortization Installments or other provisions. "Series 2003 Bonds" shall mean the Issuer's Collier County, Florida Gas Tax Revenue Bonds, Series 2003 authorized pursuant to Section 2.02 hereof. "Seventh Cent Gas Tax" shall mean the tax of one cent per gallon on motor fuel levied by Section 206.60, Florida Statutes, and special fuel levied by Section 206.87, Florida Statutes, and allocated to the Issuer pursuant to the provisions of subsection (1)(b) of said Section 206.60 and subsection (2) of Section 206.875, Florida Statutes. "Six Cents Local Option Gas Tax" shall mean the first 6-cents of the local option gas tax levied and received by the Issuer pursuant to Section 336.025(1)(a), Florida Statutes, plus, to the extent provided by Supplemental Resolu.tion of the Issuer, any additional local option gas tax received by the Issuer received pursuant to Section 336.025(1)(a), Florida Statutes, and pledged by the Issuer pursuant to Supplemental Resolution. "Standard and Poor's" or "S&P" shall mean Standard and Poor's Ratings Services, and any assigns and successors thereto. "State" shall mean the State of Florida. "Subordinated Indebtedness" shall mean that indebtedness of the Issuer, subordinate and junior to the Bonds, issued in accordance with the 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. 11 "Term Bonds" shall mean those Bonds which shall be designated as Term Bonds hereby or by Supplemental Resolution of the Issuer and which are subject to mandatory redemption by Amortization Installment. "United States Obligations" shall mean obligations described in paragraphs (__) and (__) of the definition of "Authorized Investments." "United States Obligations" shall also include direct obligations of the United States Treasury, Treasury Receipts, CATS, STRPS, TIGRS, Refcorp interest strips and similar securities and obligations of agencies described in this definition; provided such obligations do not permit redemption prior to maturity at the option of the obligor. "Unrestricted Revenue Account" shall mean the separate account in the Revenue Fund established pursuant to Section 4.04 hereof. "Variable Rate Bonds" shall mean Bonds issued with a variable, adjustable, convertible or other similar rate which is not fixed in percentage for the entire term thereof at the date of issue. The terms "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms, shall refer to this Resolution; the term "heretofore" shall mean before the date of adoption of this Resolution; and the term "hereafter" shall mean after the date of adoption of this Resolution. Words importing the masculine gender include every other gender. Words importing the singular number include the plural number, and vice versa. SECTION 1.02. AUTHORITY FOR RESOLUTION. This Resolution is adopted pursuant to the provisions of the Act. The Issuer has ascertained and hereby determined that adoption of this Resolution is necessary to carry out the powers, purposes and duties expressly provided in the Act, that each and every matter and thing as to which provision is made herein is necessary in order to carry out and effectuate the purposes of the Issuer in accordance with the Act and to carry out and effectuate the plan and purpose of the Act, and that the powers of the Issuer herein exercised are in each case exercised in accordance with the provisions of the Act and in furtherance of the purposes of the Issuer. SECTION1.03. RESOLUTION TO CONSTITUTE CONTRACT. In consideration of the purchase and acceptance of any or all of the Bonds by those who shall hold the same from time to time, the provisions of this Resolution shall be a part of the contract of the Issuer with the Holders of the Bonds and any Credit Bank and Insurer and 12 shall be deemed to be and shall constitute a contract between the Issuer and the Holders from time to time of the Bonds and any Credit Bank and Insurer. The pledge made in this Resolution and the provisions, covenants and agreements herein set forth to be performed by or on behalf of the Issuer shall be for the equal benefit, protection and security of the Holders of any and all of said Bonds and for the benefit, protection and security of any Credit Bank and Insurer. All of the Bonds, regardless of the time or times of their issuance or maturity, shall be of equal rank without preference, priority or distinction of any of the Bonds over any other thereof except as expressly provided in or pursuant to this Resolution. SECTION 1.04. FINDINGS. It is hereby ascertained, determined and declared: (A) That the Issuer deems it necessary, desirable and in the best interests of the health, safety and welfare of the Issuer and its inhabitants that Projects, from time to time, be acquired and constructed. (B) That such Projects shall be financed, in whole or in part, by the proceeds of Bonds issued pursuant to this Resolution. (C) That the Pledged Funds are not pledged or encumbered in any manner, except as provided in the Prior Resolution. Such Pledged Funds shall secure the payment of the Bonds, in accordance with the terms hereof. (D) That the Prior Resolution provides for a lien on and pledge of the Ninth Cent Gas Tax and Seventh Cent Gas Tax for the benefit of the holders of the Prior Bonds. Such pledge and lien shall be extinguished upon the issuance of the Series 2003 Bonds and the refunding of the Prior Bonds. (E) That the estimated Pledged Funds will be sufficient to pay the principal of and interest on the Bonds to be issued pursuant to this Resolution, as the same become due, and all other payments provided for in this Resolution. (F) That the principal of and interest on the Bonds to be issued pursuant to this Resolution, and all other payments provided for in this Resolution will be paid solely from the Pledged Funds provided herein; and the ad valorem taxing power of the Issuer will never be necessary or authorized to pay the principal of and interest on the Bonds to be issued pursuant to this Resolution and, except as otherwise provided herein, the Bonds shall not constitute a lien upon any property of the Issuer. SECTION 1.05. INITIAL PROJECT. The Issuer does hereby authorize the acquisition and construction of the Initial Project. 13 SECTION 1.06. PRIOR BONDS. The Issuer does hereby authorize the refunding of the Prior Bonds. 14 ARTICLE II AUTHORIZATION, TERMS, EXECUTION AND REGISTRATION OF BONDS SECTION 2.01. AUTHORIZATION OF BONDS. This Resolution creates an issue of Bonds of the Issuer to be designated as "Collier County, Florida, Gas Tax Revenue Bonds" which may be issued in one or more Series as hereinafter provided. The aggregate principal amount of the Bonds which may be executed and delivered under this Resolution is not limited except as is or may hereafter be provided in this Resolution or as limited by the Act or by law. The Bonds may, if and when authorized by the Issuer pursuant to this Resolution, be issued in one or more Series, with such further appropriate particular designations added to or incorporated in such title for the Bonds of any particular Series as the Issuer may determine and as may be necessary to distinguish such Bonds from the Bonds of any other Series. Each Bond shall bear upon its face the designation so determined for the Series to which it belongs. The Bonds shall be issued for such purpose or purposes; shall bear interest at such rate or rates not exceeding the maximum rate permitted by law; and shall be payable in lawful money of the United States of America on such dates; all as determined by Supplemental Resolution of the Issuer. The Bonds shall be issued in such denominations and such form, whether coupon or registered; shall be dated such date; shall bear such numbers; shall be payable at such place or places; shall contain such redemption provisions; shall have such Paying Agents and Registrars; shall mature in such years and amounts; and the proceeds shall be used in such manner; all as determined by Supplemental Resolution of the Issuer. The Issuer may issue Bonds which may be secured by a Credit Facility or by a Bond Insurance Policy of an Insurer all as shall be determined by Supplemental Resolution of the Issuer. The Governing Body may delegate approval of the terms, details and sale of a Series of Bonds to an Authorized Issuer Officer pursuant to Supplemental Resolution. SECTION 2.02. 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 $ 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 15 Bonds of all other Series by the title, "Collier County, Florida, Gas Tax Revenue Bonds, Series 2003 ." The Series 2003 Bonds shall be dated as of the first day of the month in which occurs the delivery of the Series 2003 Bonds to the purchaser or purchasers thereof or such other date as may be set forth by Supplemental Resolution of the Issuer; shall be issued as fully registered Bonds; shall be numbered consecutively from one upward in order of maturity preceded by the letter "R"; shall be in such denominations and shall bear interest at a rate or rates not exceeding the maximum rate permitted by law, payable in such manner and on such dates; shall consist of such amounts of Serial Bonds, Term Bonds, Variable Rate Bonds and Capital Appreciation Bonds; maturing in such amounts and in such years not exceeding such period as may be permitted by the Act at the time of issuance; shall be payable in such place or places; shall have such Paying Agents and Registrars; and shall contain such redemption provisions; all as the Issuer shall provide hereafter by Supplemental Resolution. The principal of or Redemption Price, if applicable, on the 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 intere st 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. SECTION2.03. EXECUTION OF BONDS. The Bonds shallbe executedin the name of the Issuer with the manual or facsimile signature of the Chairman and the official seal of the Issuer shall be imprinted thereon, attested and countersigned with the manual or facsimile signature of the Clerk. In case any one or more of the officers who shall have signed or sealed any of the Bonds or whose facsimile signature shall appear thereon shall cease to be such officer of the Issuer before the Bonds so signed and sealed have been actually sold and delivered such Bonds may nevertheless be sold and delivered as herein provided and may be issued as if the person who signed or sealed such Bonds had not ceased to hold such office. Any Bond may be signed and sealed on behalf of the Issuer by such person who at the actual time of the execution of such Bond shall hold the proper office of the Issuer, although at the date of such Bond such person may not have held such office or may not have been so authorized. The Issuer may adopt and use for such purposes the facsimile signatures of any such persons who shall have held such offices at any time after 16 the date of the adoption of this Resolution, notwithstanding that either or both shall have ceased to hold such office at the time the Bonds shall be actually sold and delivered. SECTION 2.04. AUTHENTICATION. No Bond of any Series 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, without charge to the Holder thereof, shall deliver in exchange therefor definitive Bonds, of the same aggregate principal amount and Series and maturity as the temporary Bonds surrendered. Until so exchanged, the temporary Bonds shall in all respects be entitled to the same benefits and security as definitive Bonds issued pursuant to this Resolution. All temporary Bonds surrendered in exchange for another temporary Bond or Bonds or for a definitive Bond or Bonds shall be forthwith cancelled by the Registrar. SECTION 2.06. BONDS MUTILATED, DESTROYED, STOLEN OR LOST. In case any Bond shall become mutilated, or be destroyed, stolen or 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 o fissuing a substitute Bond, the Issuer may 17 10B pay the same or cause the Bond to be paid, upon being indemnified as aforesaid, and if such Bonds be lost, stolen or destroyed, without surrender thereof. Any such duplicate Bonds issued pursuant to this Section 2.06 shall constitute original, additional contractual obligations on the part of the Issuer whether or not the lost, stolen or destroyed Bond be at any time found by anyone, and such duplicate Bond shall be entitled to equal and proportionate benefits and rights as to lien on the Pledged Funds to the same extent as all other Bonds issued hereunder. SECTION 2.07. INTERCHANGEABILITY, NEGOTIABILITY AND TRANSFER. Bonds, upon surrender thereof at the office of the Registrar with a written instrument of transfer satisfactory to the Registrar, duly executed by the Holder thereof or his attorney duly authorized in writing, may, at the option of the Holder thereof, be exchanged for an equal aggregate principal amount of registered Bonds of the same Series and maturity of any other authorized denominations. The Bonds issued under this Resolution shall be and have all the qualities and incidents of negotiable instruments under the law merchant and the Uniform Commercial Code of the State of Florida, subject to the provisions for registration and transfer contained in this Resolution and in the Bonds. So long as any of the Bonds shall remain Outstanding, the Issuer shall maintain and keep, at the office of the Registrar, books for the registration and transfer of the Bonds. Each Bond shall be transferable only upon the books of the Issuer, at the office of the Registrar, under such reasonable regulations as the Issuer may prescribe, by the Holder thereof in person or by his attorney duly authorized in writing upon surrender thereof together with a written instrument of transfer satisfactory to the Registrar duly executed and guaranteed by the Holder or his duly authorized attorney. Upon the transfer of any such Bond, the Issuer shall issue, and cause to be authenticated, in the name of the transferee a new Bond or Bonds of the same aggregate principal amount and Series and maturity as the surrendered Bond. The Issuer, the Registrar and any Paying Agent or fiduciary of the Issuer may deem and treat the Person in whose name any Outstanding Bond shall be registered upon the books of the Issuer as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal or Redemption Price, if applicable, and interest on such Bond and for all other purposes, and all such payments so made to any such Holder or upon his order shall be valid and effectual to satisfy and discharge the liability upon such Bond 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. 18 The Registrar, in any case where it is not also the Paying Agent in respect to any Series of Bonds, shall forthwith (A) following the fifteenth day prior to an interest payment date for such Series; (B) following the fifteenth day next preceding the date of first mailing of notice of redemption of any Bonds of such Series; and (C) atany other time as reasonably requested by the Paying Agent of such Series, certify and furnish to such Paying Agent the names, addresses and holdings of Bondholders and any other relevant information reflected in the registration books. Any Paying Agent of any fully registered Bond shall effect payment of interest on such Bonds by mailing a check to the Holder entitled thereto or may, in lieu thereof, upon the request and at the expense of such Holder, transmit such payment by bank wire transfer for the account of such Holder. In all cases in which the privilege of exchanging Bonds or transferring Bonds is exercised, the Issuer shall cause to be issued Bonds and the Registrar shall authenticate and deliver such Bonds in accordance with the provisions of this Resolution. Execution of Bonds by the Chairman and Clerk for purposes of exchanging, replacing or transferring Bonds may occur at the time of the original delivery of the Series of which such Bonds are a part. All Bonds surrendered in any such exchanges or transfers shall be held by the Registrar in safekeeping until directed by the Issuer to be destroyed or returned by the Registrar. For every such exchange or transfer of Bonds, the Issuer or the Registrar may make a charge sufficient to reimburse it for any tax, fee, expense or other governmental charge required to be paid with respect to such exchange or transfer. The Issuer and the Registrar shall not be obligated to make any such exchange or transfer of Bonds of any Series during the 15 days next preceding an Interest Date on the Bonds of such Series (other than Capital Appreciation Bonds and Variable Rate Bonds), or, in the case of any proposed redemption of Bonds of such Series, then, for the Bonds subject to redemption, during the 15 days next preceding the date of the first mailing of notice of such redemption and continuing until such redemption date. The Issuer may 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): 19 No. R- UNITED STATES OF AMERICA STATE OF FLORIDA COLLIER COUNTY, FLORIDA GAS TAX REVENUE BOND, SERIES Interest Maturity Date of Rate Date Original Issue CU SIP 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 20 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 intedocal agreements and other applicable provisions of law (the "Act"), and a resolution duly adopted by the Board of County Commissioners of the Issueron ,2003, as amended and supplemented (the "Resolution"), and is subject to all the terms and conditions of the Resolution. This Bond and the interest hereon are payable solely from and secured by a lien upon and a pledge of (1) the Gas Tax Revenues (as defined in the Resolution) and (2) until applied in accordance with the provisions of the Resolution, all moneys, including investments thereof, in certain of the funds and accounts established by the Resolution, all in the manner and to the extent described in the Resolution (collectively, the "Pledged Funds"). The Gas Taxes subject to the lien and pledge provided in the Resolution may be increased by the Issuer in accordance with the terms of the Resolution. It is expressly agreed by the Registered Holder of this Bond that the full faith and credit of the Issuer, the State of Florida, or any political subdivision thereof, are not pledged to the payment of the principal of, premium, if any, and interest on this Bond and that such Holder shall never have the right to require or compel the exercise of any taxing power of the Issuer, the State of Florida, or any political subdivision thereof, to the payment of such principal, premium, if any, and interest. This Bond and the obligation evidenced hereby shall not constitute a lien upon any property of the Issuer, but shall constitute a lien only on, and shall be payable solely from, the Pledged Funds in accordance with the terms of the Resolution. The Issuer may issue additional obligations on parity with the Bonds in accordance with the terms of the Resolution. Neither the members of the Board of County Commissioners of the Issuer nor any person executing this Bond shall be liable personally hereon or be subject to any personal liability or accountability by reason of the issuance hereof. REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE SIDE HEREOF AND SUCH FURTHER 21 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 22 Resolution. CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds of the Issue described in the within-mentioned DATE OF AUTHENTICATION: Registrar By: Authorized Officer 23 (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 writing, upon the surrender of this Bond together with a written instrument of transfer satisfactory to the Registrar duly executed by the Registered Holder or his attorney duly authorized in writing, and thereupon a new Bond or Bonds in the same aggregate principal amount shall be issued to the transferee in exchange therefor, and upon the payment of the charges, if any, therein prescribed. The Bonds are issuable in the form of fully registered Bonds in the denomination of $5,000 and any integral multiple thereof, not exceeding the aggregate principal amount of the Bonds. The Issuer, the Registrar and any Paying Agent may treat the Registered Holder 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. 24 It is hereby certified and recited that all acts, conditions and things required to exist, to happen and to be performed precedent to and in the issuance of this Bond, exist, have happened and have been performed, in regular and due form and time as required by the laws and Constitution of the State of Florida applicable thereto, and that the issuance of the Bonds does not violate any constitutional or statutory limitations or provisions. 25 ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto __ Insert Social Security or Other Identifying Number of Assignee (Name and Address of Assignee) the within Bond and does hereby irrevocably constitute and appoint , as attorneys to register the transfer of the said Bond on the books kept for registration thereof with full power of substitution in the premises. Dated: Signature guaranteed: NOTICE: Signature(s) must be guaranteed by an institution which is a participant in the Securities Transfer Agent Medallion Program (STAMP) or similar program. NOTICE: The signature to this assignment must correspond with the name of the Registered Holder as 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. 26 The following abbreviations, when used in the inscription on the face of the within Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants in common TEN ENT -- as tenants by the entireties JT TEN -- as joint tenants with right of survivorship and not as tenants in common UNIF TRANS MIN ACT -- (Cust.) Custodian for under Uniform Transfers to Minors Act of (State) Additional abbreviations may also be used though not in list above. 27 ARTICLE III REDEMPTION OF BONDS SECTION 3.01. PRIVILEGE OF REDEMPTION. The terms of this Article III shall apply to redemption of Bonds other than Capital Appreciation Bonds or Variable Rate Bonds. The terms and provisions relating to redemption of Capital Appreciation Bonds and Variable Rate Bonds shall be provided by Supplemental Resolution. SECTION 3.02. SELECTION OF BONDS TO BE REDEEMED. The Bonds shall be redeemed 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 ora 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 ora single maturity are to be redeemed, the Registrar shall promptly notify the Issuer and Paying Agent (if the Registrar is not the Paying Agent for such Bonds) in writing of the Bonds or portions of Bonds selected for redemption and, in the case of any Bond selected for partial redemption, the principal amount thereof to be redeemed. SECTION 3.03. NOTICE OF REDEMPTION. Notice of such redemption, which shall specify the Bond or Bonds (or portions thereof) to be redeemed and the date and place for redemption, shall be given by the 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 28 108 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 rede emed, (8) that on such redemption date there shall become due and payable upon each Bond to be redeemed the Redemption Price thereof, or the Redemption Price of the specified portions of the principal thereof in the case of Bonds to be redeemed in part only, together with interest accrued thereon to the redemption date, and that from and after such date interest thereon shall cease to accrue and be payable, (9) that the Bonds to be redeemed, whether as a whole or in part, are to surrendered for payment of the Redemption Price at the principal office of the Registrar at an address specified, and (10) the name and telephone number of a person designated by the Registrar to be responsible for such redemption. In addition to the mailing of the notice described above, each notice of redemption and payment of the Redemption Price shall meet the following requirements; provided, however, the failure to provide such further notice of redemption or to comply with the terms of this paragraph shall not in any manner defeat the effectiveness of a call for redemption if notice thereof is given as prescribed above: (A) Each further notice of redemption shall be sent by certified mail or overnight delivery service or telecopy to all registered securities depositories then in the business of holding substantial amounts of obligations of types comprising the Bonds (such depositories now being The Depository Trust Company, New York, New York, Midwest Securities Trust Company, Chicago, Illinois and Philadelphia Depository Trust Company, Philadelphia, Pennsylvania) and to two or more national information services which disseminate notices of prepayment or redemption of obligations such as the Bonds (such information services now being called Financial Information, Inc.'s "DailyCalled 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. 29 The notice of redemption described in this paragraph need not be given as described above if the Bonds called for redemption are registered pursuant to a book-entry-only system. The Issuer may provide that a notice of redemption may be contingent upon the occurrence of certain condition(s) and that if such condition(s) do not occur, the notice will be rescinded; provided notice of rescission shall be mailed in the manner described above to all affected Bondholders not later than three business days prior to the date of redemption. SECTION 3.04. REDEMPTION OF PORTIONS OF BONDS. Any Bond which is to be redeemed only in part shall be surrendered at any place of payment specified in the notice of redemption (with due endorsement by, or written instrument of transfer in form satisfactory to the Registrar duly executed by, the Holder thereof or his attorney duly authorized in writing) and the Issuer shall execute and the Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds, of the same interest rate and maturity, and of any authorized denomination as requested by such Holder, in an aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bonds so surrendered. SECTION 3.05. PAYMENT OF REDEEMED BONDS. Notice of redemption having been given substantially as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the Redemption Price therein specified, and from and after such date (unless the Issuer shall default in the payment of the Redemption Price) such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Registrar and/or Paying Agent at the appropriate Redemption Price, plus accrued interest. All Bonds which have been redeemed shall be cancelled by the Registrar and shall not be reissued. 30 ARTICLE IV SECURITY, SPECIAL FUNDS AND APPLICATION THEREOF SECTION 4.01. BONDS NOT TO BE INDEBTEDNESS OF ISSUER. The Bonds shall not be or constitute general obligations or indebtedness of the Issuer as "bonds" within the meaning of any constitutional or statutory provision, but shall be special obligations of the Issuer, payable solely from and secured by a lien upon and pledge of the Pledged Funds in accordance with the terms of this Resolution. No Holder of any Bond or any Credit Bank or Insurer shall ever have the right to compel the exercise of any ad valorem taxing power to pay such Bond, or be entitled to payment of such Bond from any moneys of the Issuer except from the Pledged Funds in the manner provided herein. SECTION 4.02. SECURITY FOR BONDS. Except as otherwise provided herein, the payment of the principal of or Redemption Price, if applicable, and interest on the Bonds shall be secured forthwith equally and ratably by a pledge of and lien upon the Pledged Funds; provided, however, a Series of Bonds may be further secured by a Credit Facility or insurance policy of an Insurer in addition to the security provided herein; and provided further that a Series of Bonds may be secured independently of any other Series of Bonds by the establishment of a separate subaccount in the Reserve Account for such Series of Bonds. Issuers of a Reserve Account Insurance Policy and Reserve Account Letter of Credit shall be secured in accordance with the provisions hereof. The Issuer does hereby irrevocably pledge the Pledged Funds to the payment of the principal of or Redemption Price, if applicable, and interest on the Bonds in accordance with the provisions hereof. The Pledged Funds shall immediately be subject to the lien of this pledge without any physical delivery thereof or further act, and the lien of this pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise 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 31 for payment of the Cost of the Projects. Moneys in the Construction Fund, until applied in payment of any item of the Cost ora Project in the manner hereinafter provided, shall be held in trust by the Issuer and shall be subject to a lien and charge in favor of the Holders of the Bonds and for the further security of such Holders. There shall be paid into the Construction Fund the amounts required to be so paid by the provisions of this Resolution, and there may be paid into the Construction Fund, at the option of the Issuer, any moneys received for or in connection with a Project by the Issuer from any other source. The Issuer shall establish within the Construction Fund a separate account for each Project, the Cost of which is to be paid in whole or in part out of the Construction Fund. The "Series 2003 Account" of the Construction Fund is hereby established, from which Costs of the Initial Project shall be paid. The proceeds of insurance maintained pursuant to this Resolution against physical loss of or damage to a Project, or of contractors' performance bonds with respect thereto pertaining to the period of construction thereof, shall be deposited into the appropriate account of the Construction Fund. Any moneys received by the Issuer from the State or from the United States of America or any agencies thereof for the purpose of financing part of the Cost of a Project may be deposited into the appropriate account of the Construction Fund and used in the same manner as other Bond proceeds are used therein; provided that separate accounts or subaccounts may be established in the Construction Fund for moneys received pursuant to the provisions of this paragraph whenever required by Federal or State law. The Issuer covenants that the acquisition, construction and installation of each Project will be completed without delay and in accordance with sound engineering practices. The Issuer shall make disbursements or payments from the Construction Fund to pay the Cost of a Project upon the filing with the Clerk of documents and/or certificates signed by an Authorized Issuer Officer, stating with respect to each disbursement or payment to be made: (A) the item number of the payment, (B) the name and address of the Person to whom payment is due, (C) the amount to be paid, (D) the Construction Fund account from which payment is to be made, (E) the purpose, by general classification, for which payment is to be made and that such purpose qualifies for payment from all of the Gas Taxes (or, in the alternative, an Authorized Issuer Officer states that payment of costs associated with such purpose will not violate the Act), and (F) that (1) each obligation, item of cost or expense mentioned therein has been properly incurred, is in payment of a part of the Cost of a Project and is a proper charge against the account of the Construction Fund from which payment is to be made and has not been the basis of any previous disbursement or payment, or (2) each obligation, item of cost or expense mentioned therein has been paid by the Issuer, is a 32 reimbursement of a part of the Cost of a Project, is a proper charge against the account of the Construction Fund from which payment is to be made, has not been theretofore reimbursed to the Issuer or otherwise been the basis of any previous disbursement or payment and the Issuer is entitled to reimbursement thereof. The Clerk shall retain all such certificates of the Authorized Issuer Officers for such period of time as required by applicable law. The Clerk shall make available the documents and/or certificates at all reasonable times for inspection by any Holder of any of the Bonds or the agent or representative of any Holder of any of the Bonds. Notwithstanding any of the other provisions of this Section 4.03, to the extent that other moneys are not available therefor, amounts in an account of the Construction Fund with respect to any Series of Bonds shall be applied to the payment of principal and interest on such Series when due. The date of completion of acquisition and construction of a Project shall be determined by the Authorized Issuer Officer who shall certify such fact in writing to the Governing Body. Promptly after the date of the completion of a Project, and after paying or making provisions for the payment of all unpaid items of the Cost of such Project, the Issuer shall deposit in the following order of priority any balance of moneys remaining in the Construction Fund in (A) another account of the Construction Fund for which the Authorized Issuer Officer has stated that there are insufficient moneys present to pay the cost of the related Project, (B) the Reserve Account to the extent of a deficiency therein, and (C) such other fund or account established hereunder as shall be determined by the Governing Body, provided the Issuer has received an opinion of Bond Counsel to the effect that such transfer shall not adversely affect the exclusion, if any, of interest on the Bonds from gross income for purposes of federal income taxation. SECTION 4.04. FUNDS AND ACCOUNTS. The Issuer covenants and agrees to establish with one or more banks, trust companies or other entities in the State of Florida, which is eligible under the laws of such State to receive funds of the Issuer, special funds to be known as the "Collier County Gas Tax Revenue Bonds Revenue Fund", the "Collier County Gas Tax Revenue Bonds Debt Service Fund" and the "Collier County Gas Tax Revenue Bonds Rebate Fund." The Issuer shall maintain in the Revenue Fund two accounts: the "Restricted Revenue Account" and the "Unrestricted Revenue Account." The Issuer shall maintain in the Debt Service Fund four accounts: the "Interest Account," the "Principal Account," the "Bond Amortization Account," and the "Reserve Account." Moneys in the aforementioned funds and accounts, other than the Rebate Fund and the Unrestricted Revenue Account, until applied in accordance with the provisions hereof, shall be subject to a lien and charge in favor of the Holders of the Bonds and for the further security of such Holders. 33 The Issuer may at any time and from time to time appoint one or more depositories to hold, for the benefit of the Bondholders, any one or more of the funds, accounts and subaccounts established hereby. Such depository or depositories shall perform at the direction of the Issuer the duties of the Issuer in depositing, transferring and disbursing moneys to and from each of such funds and accounts as herein set forth, and all records of such depositary in performing such duties shall be open at all reasonable times to inspection by the Issuer and its agent and employees. Any such depositary shall be a bank or trust company duly authorized to exercise corporate trust powers and subject to examination by federal or state authority, of good standing, and be qualified under applicable State law as a depository. SECTION 4.05. DISPOSITION OF GAS TAX REVENUES. (A) The Issuer shall promptly deposit upon receipt from the State the Gas Taxes and any additional gas taxes pledged hereunder pursuant to Supplemental Resolution into the Restricted Revenue Account. The moneys in the Restricted Revenue Account shall be deposited or credited on or before the 25th day of each month, commencing in the month immediately following delivery of any of the Bonds to the purchasers thereof, or such later date as hereinafter provided, in the following manner and in the following order of priority: (1) Interest Account. The Issuer shall deposit or credit to the Interest Account the sum which, together with the balance in said Account, shall equal the interest on all Bonds Outstanding (except as to Capital Appreciation Bonds) accrued and unpaid and to accrue to the end of the then current calendar month. All Hedge Receipts shall be deposited directly to the Interest Account upon receipt. With respect to interest on Bonds which are subject to a Hedge Payment, interest on such Bonds during the term of the Qualified Hedge Agreement shall be deemed to include the corresponding Hedge Payments. Moneys in the Interest Account shall be applied by the Issuer (a) for deposit with the Paying Agents to pay the interest on the Bonds on or prior to the date the same shall become due and (b) for Hedge Payments. The Issuer shall adjust the amount of the deposit to the Interest Account not later than a month immediately preceding any Interest Date so as to provide sufficient moneys in the Interest Account to pay the interest on the Bonds coming due on such Interest Date. No further deposit need be made to the Interest Account when the moneys therein are equal to the interest coming due on the Outstanding Bonds on the next succeeding Interest Date. With respect to debt service on any Bonds which are subject to a Qualified Hedge Agreement, any Hedge Payments due to the Counterparty to such Qualified Hedge Agreement relating to such Bonds shall be paid to the Counterparty to such Qualified Hedge Agreement on a parity basis with the aforesaid required payments into the Debt Service Fund. In computing the interest on Variable Rate Bonds which shall accrue during a calendar month, the interest rate on such Variable Rate Bonds shall be assumed to be (A) if such Variable Rate Bonds have been Outstanding for at least 24 months prior to the 34 commencement of such calendar month, the highest average interest rate borne by such Variable Rate Bonds for any 30-day period, and (B) if such Variable Rate Bonds have not been Outstanding for at least 24 months prior to the date of calculation, the Bond Buyer Revenue Bond Index most recently published prior to the commencement of such calendar month. (2) Principal Account. Commencing no later than the month which is one year prior to the first principal due date, the Issuer shall next deposit into the Principal Account the sum which, together with the balance in said Account, shall equal the principal amounts on all Bonds Outstanding due and unpaid and that portion of the principal next due which would have accrued on such Bonds during the then current calendar month if such principal amounts were deemed to accrue monthly (assuming that a year consists of 12 equivalent calendar months having 30 days each) except for the Amortization Installments to be deposited pursuant to Section 4.05(A)(3) hereof in equal amounts from the next preceding principal payment due date, or, if there be no such preceding payment due date from a date one year preceding the due date of such principal amount. Moneys in the Principal Account shall be applied by the Issuer for deposit with the Paying Agents to pay the principal of the Bonds on or prior to the date the same shall mature, and for no other purpose. Serial Capital Appreciation Bonds shall be payable from the Principal Account in the years in which such Bonds mature and monthly payments into the Principal Account on account of such Bonds shall commence in the month of the respective Bond Years in which such Bonds mature. The Issuer shall adjust the amount of the deposit to the Principal Account not later than the month immediately preceding any principal payment date so as to provide sufficient moneys in the Principal Account to pay the principal on Bonds becoming due on such principal payment date. No further deposit need be made to the Principal Account when the moneys therein are equal to the principal coming due on the Outstanding Bonds on the next succeeding principal payment date. (3) Bond Amortization Account. Commencing in the month which is one year prior to the first Amortization Installment due date, there shall be deposited to the Bond Amortization Account the sum which, together with the balance in such Account, shall equal the Amortization Installments on all Bonds Outstanding due and unpaid and that portion of the Amortization Installments of all Bonds Outstanding next due which would have accrued on such Bonds during the then current calendar month if such Amortization Installments were deemed to accrue monthly (assuming that a year consists of 12 equivalent calendar months having 30 days each) in equal amounts from the next preceding Amortization Installment due date, or, if there is no such preceding Amortization Installment due date, from a date one year preceding the due date of such Amortization Installment. Moneys in the Bond Amortization Account shall be used to purchase or redeem Term Bonds in the manner herein provided, and for no other purpose. The Issuer shall adjust the amount of the 35 deposit to the Bond Amortization Account on the month immediately preceding any Amortization Installment date so as to provide sufficient moneys in the Bond Amortization Account to pay the Amortization Installments becoming due on such date. Payments to the Bond Amortization Account shall be on parity with payments to the Principal Account. Amounts accumulated in the Bond Amortization Account with respect to any Amortization Installment (together with amounts accumulated in the Interest Account with respect to interest, if any, on the Term Bonds for which such Amortization Installment was established) may be applied by the Issuer, on or prior to the 60th day preceding the due date of such Amortization Installment, (a) to the purchase of Term Bonds of the Series and maturity for which such Amortization Installment was established, or (b) to the redemption at the applicable Redemption Prices of such Term Bonds, if then redeemable by their terms. Amounts in the Bond Amortization Account which are used to redeem Term Bonds shall be credited against the next succeeding Amortization Installment which shall become due on such Term Bonds. The applicable Redemption Price (or principal amount of maturing Term Bonds) of any Term Bonds so purchased or redeemed shall be deemed to constitute part of the Bond Amortization Account until such Amortization Installment date, for the purposes of calculating the amount of such Account. As soon as practicable after the 60th day preceding the due date of any such Amortization Installment, the Issuer shall proceed to call for redemption on such due date, by causing notice to be given as provided in Section 3.03 hereof, Term Bonds of the Series and maturity for which such Amortization Installment was established (except in the case of Term Bonds maturing on a Amortization Installment date) in such amount as shall be necessary to complete the retirement of the unsatisfied balance of such Amortization Installment. The Issuer shall pay out of the Bond Amortization Account and the Interest Account to the appropriate Paying Agents, on or before the day preceding such redemption date (or maturity date), the amount required for the redemption (or for the payment of such Term Bonds then maturing), and such amount shall be applied by such Paying Agents to such redemption (or payment). All expenses in connection with the purchase or redemption of Term Bonds shall be paid by the Issuer from the Restricted Revenue Account. (4) Reserve Account. There shall be deposited to the Reserve Account an amount which would enable the Issuer to restore the funds on deposit in the Reserve Account to an amount equal to the Reserve Account Requirement applicable thereto. All deficiencies in the Reserve Account must be made up no later than 12 months from the date such deficiency first occurred, whether such shortfall was caused by decreased market value or withdrawal (whether from cash or a Reserve Account Insurance Policy or Reserve Account Letter of Credit). On or prior to each principal payment date and Interest Date for the Bonds (in no event earlier than the 25th day of the month next preceding such payment date), moneys in the Reserve Account shall be applied by the Issuer to the payment of the principal of or 36 Redemption Price, if applicable, and interest on the Bonds to the extent moneys in the Interest Account, the Principal Account and the Bond Amortization Account shall be insufficient for such purpose. Whenever there shall be surplus moneys in the Reserve Account by reason of a decrease in the Reserve Account Requirement or as a result of a deposit in the Reserve Account of a Reserve Account Letter of Credit or a Reserve Account Insurance Policy, such surplus moneys, to the extent practicable, shall be deposited by the Issuer into the Unrestricted Revenue Account. The Issuer shall promptly inform each Insurer of any draw upon the Reserve Account for purposes of paying the principal of and interest on the Bonds. Upon the issuance of any Series of Bonds under the terms, limitations and conditions as herein provided, the Issuer shall fund the Reserve Account in an amount at least equal to the Reserve Account Requirement. Such required amount, if any, shall be paid in full or in part from the proceeds of such Series of Bonds or may be accumulated in equal monthly payments to the Reserve Account over a 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" 37 of such categories) by two of the Rating Agencies, or (b) a commercial bank, insurance company or other financial institution which has been assigned a rating by two of the Rating Agencies in one of the two highest rating categories (without regard to gradations, such as "plus" or "minus" of such categories). Any Reserve Account Insurance Policy and/or Reserve Account Letter of Credit shall equally secure all Bonds except to the extent a Series of Bonds is secured by a subaccount in the Reserve Account which is pledged solely for the payment of such Series of Bonds as provided in the last paragraph of this Section 4.05(A)(4). If two days prior to an interest or principal payment date, or such other period of time as shall be required by the terms of the Reserve Account Insurance Policy or Reserve Account Letter of Credit, the Issuer shall determine that a deficiency exists in the amount of moneys available to pay in accordance with the terms hereof interest and/or principa! 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 38 10B issuer a promissory note therefor; provided, however, any such note (a) shall not be a general obligation of the Issuer the payment of which is secured by the full faith and credit or taxing power of the Issuer, and (b) shall be payable solely from the Pledged Funds in the manner provided herein. Any consent or approval of any Insurer described in this Section 4.05(A)(4) shall be required only so long as there are Outstanding Bonds secured by a Bond Insurance Policy issued by such Insurer which is in full force and effect and the commitments of which have been honored by such Insurer. The term "Paying Agent" as used in this Section 4.05(A)(4) may include one or more Paying Agents for the Outstanding Bonds. Whenever the amount of cash in the Reserve Account, together with the other amounts in the Debt Service Fund, are sufficient to fully pay all Outstanding Bonds in accordance with their terms (including principal or applicable Redemption Price and interest thereon), the funds on deposit in the Reserve Account may be transferred to the other Accounts of the Debt Service Fund for the payment of the Bonds. The Issuer may also establish a separate subaccount in the Reserve Account for any Series of Bonds and provide a pledge of such subaccount to the payment of such Series of Bonds apart from the pledge provided herein. To the extent a Series of Bonds is secured separately by a subaccount of the Reserve Account, the Holders of such Bonds shall not be secured by any other moneys in the Reserve Account. Moneys in a separate subaccount of the Reserve Account shall be maintained at the Reserve Account Requirement applicable to such Series of Bonds secured by the subaccount; provided the Supplemental Resolution authorizing such Series of Bonds may establish the Reserve Account Requirement relating to such separate subaccount of the Reserve Account at such level as the Issuer deems appropriate. Moneys shall be deposited in the separate subaccounts in the Reserve Account on a pro-rata basis. In the event the Issuer shall maintain a Reserve Account Insurance Policy or Reserve Account Letter of Credit and moneys in such subaccount, the moneys shall be used prior to making any disbursements under such Reserve Account Insurance Policy or Reserve Account Letter of Credit. (5) Unrestricted Revenue Account. The balance of any moneys after the deposits required by Sections 4.05(A)(1) through 4.05(A)(4) hereof may be transferred, at the discretion of the Issuer, to the Unrestricted Revenue Account or any other appropriate fund or account of the Issuer and may be used for any lawful purpose. (B) Whenever moneys on deposit in the Debt Service Fund are sufficient to fully pay all Outstanding Bonds in accordance with their terms (including principal or applicable Redemption Price and interest thereon), no further deposits to the Debt Service Fund need 39 be made. If on any payment date the Gas Tax Revenues are insufficient to deposit the required amount in any of the funds or accounts or for any of the purposes provided above, the deficiency shall be made up on the subsequent payment dates. The Issuer, in its discretion, may use moneys in the Principal Account and the Interest Account to purchase or redeem Bonds coming due on the next principal payment date, provided such purchase or redemption does not adversely affect the Issuer's ability to pay the principal or interest coming due on such principal payment date on the Bonds not so purchased or redeemed. (C) In the event the Issuer shall issue a Series of Bonds secured by a Credit Facility, the Issuer may establish separate subaccounts in the Interest Account, the Principal Account and the Bond Amortization Account to provide for payment of the principal of and interest on such Series; provided payment from the Pledged Funds of one Series of Bonds shall not have preference over payment of any other Series of Bonds. The Issuer may also deposit moneys in such subaccounts at such other times and in such other amounts from those provided in Section 4.05(A) as shall be necessary to pay the principal of and interest on such Bonds as the same shall become due, all as provided by the Supplemental Resolution authorizing such Bonds. In the case of Bonds secured by a Credit Facility, amounts on deposit in the Debt Service Fund may be applied as provided in the applicable Supplemental Resolution to reimburse the Credit Bank for amounts drawn under such Credit Facility to pay the principal of, premium, if any, and interest on such Bonds or to pay the purchase price of any such Bonds which are tendered by the holders thereof for payment; provided such Credit Facility shall have no priority over Bondholders or an Insurer to amounts on deposit in the Debt Service Fund. Other payments due to a Credit Bank in relation to obligations arising under its Credit Facility may be on parity with the Bonds as to source of and security for payment to the extent provided in the Supplemental Resolution relating thereto. SECTION 4.06. REBATE FUND. Amounts on deposit in the Rebate Fund shall be held in trust by the Issuer and used solely to make required rebates to the United States (except to the extent the same may be transferred to the Issuer) and the Bondholders shall have no right to have the same applied for debt service on the Bonds. For any Series of Bonds for which the rebate requirements of Section 148(f) of the Code are applicable, the Issuer agrees to undertake all actions required of it in its arbitrage certificate related to such Series of Bonds, including, but not limited to: (A) making a determination in accordance with the Code of the amount required to be deposited in the Rebate Fund; 40 (B) depositing the amount determined in clause (A) above into the Rebate Fund; (C) paying on the dates and in the manner required by the Code to the United States Treasury from the Rebate Fund and any other legally available moneys of the Issuer such amounts as shall be required by the Code to be rebated to the United States Treasury; and (D) keeping such records of the determinations made pursuant to this Section 4.06 as shall be required by the Code, as well as evidence of the fair market value of any investments purchased with proceeds of the Bonds. The provisions of the above-described arbitrage certificate may be amended without the consent of any Holder, Credit Bank or Insurer from time to time as shall be necessary, in the opinion of Bond Counsel, to comply with the provisions of the Code. SECTION 4.07. INVESTMENTS. Moneys on deposit in the Construction Fund, the Restricted Revenue Account and the Debt Service Fund shall be continuously secured in the manner by which the deposit of public funds are authorized to be secured by the laws of the State. Moneys on deposit in the Construction Fund, the Restricted Revenue Account and the Debt Service Fund, other than the Reserve Account, may be invested and reinvested in Authorized Investments maturing not later than the date on which the moneys therein will be needed for the purposes of such fund or account. Moneys on deposit in the Reserve Account may be invested or reinvested in Authorized Investments which shall mature no later than __ years from the date of investment. All investments shall be valued at cost; provided, that the amounts on deposit in the Reserve Account shall be valued at the market price thereof. Investments in the Reserve Account shall be valued by the Issuer on an amount basis of March 1 of each year. Any and all income received by the Issuer from the investment of moneys in each account of the Construction Fund, the Interest Account, the Restricted Revenue Account and the Reserve Account (to the extent such income and the other amounts in the Reserve Account does not exceed the Reserve Account Requirement applicable thereto), shall be retained in such respective Fund or Account. Any and all income received by the Issuer from the investment of moneys in the Reserve Account (only to the extent such income and other amounts in the Reserve Account exceeds the Reserve Account Requirement), the Principal Account and the Bond Amortization Account shall be deposited in the Interest Account. Nothing contained in this Resolution shall prevent any Authorized Investments acquired as investments of or security for funds held under this Resolution from being issued or held in book-entry form on the books of the Department of the Treasury of the United States. 41 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. 42 ARTICLE V SUBORDINATED INDEBTEDNESS, ADDITIONAL BONDS, AND COVENANTS OF ISSUER SECTION 5.01. SUBORDINATED INDEBTEDNESS. The Issuer will not issue any other obligations, except under the conditions and in the manner provided herein, payable from the Pledged Funds (or any portion thereof) or voluntarily create or cause to be created any debt, lien, pledge, assignment, encumbrance or other charge having priority to or being on a parity with the lien thereon in favor of the Bonds and the interest thereon. The Issuer may at any time or from time to time issue evidences of indebtedness payable in whole or in part out of the Pledged Funds and which may be secured by a pledge of such Pledged Funds; provided, however, that such pledge shall be, and shall be expressed to be, subordinated in all respects to the pledge of the Pledged Funds created by this Resolution. The Issuer shall have the right to covenant with the holders from time to time of any Subordinated Indebtedness to add to the conditions, limitations and restrictions under which any Additional Bonds may be issued pursuant to Section 5.02 hereof. The Issuer agrees to pay promptly any Subordinated Indebtedness as the same shall become due. SECTION 5.02. ISSUANCE OF ADDITIONAL BONDS. No Additional Bonds, payable on a parity with the Bonds then Outstanding pursuant to this Resolution, shall be issued except upon the conditions and in the manner herein provided. The Issuer may issue one or more Series of Additional Bonds for any one or more of the following purposes: (i) financing the Cost of a Project, or the completion thereof, or (ii) refunding any or all Outstanding Bonds or of any Subordinated Indebtedness of the Issuer. No such Additional Bonds shall be issued unless the following conditions are complied with: (A) Except as otherwise provided in Section 5.02(G) hereof, there shall have been obtained and filed with the Issuer a statement of an Authorized Issuer Officer: (1) stating that the books and records of the Issuer relating to the Gas Tax 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 43 Service on all Bonds then Outstanding and such Additional Bonds with respect to which such statement is made. (B) In the event the Issuer, by Supplemental Resolution, extends the pledge of the Gas Tax Revenues created pursuant to this Resolution to include additional gas tax and such additional gas tax was not in effect during all or a portion of the applicable 12 consecutive month period described in Section 5.02(A) hereof, then for the purposes of determining whether there are sufficient Gas Tax Revenues to meet the coverage test specified in Section 5.02(A) hereof, the Authorized Issuer Officer shall adjust the amount of Gas Tax Revenues which were received during the applicable 12 consecutive month period to take into account the additional amount of Gas Tax Revenues such additional gas tax would have generated if it had been in effect for the entire 12 consecutive month period; provided, however, that such adjustment shall only be made if the additional gas tax is in effect on the date the statement of the Authorized Issuer Officer referred to in Section 5.02(A) hereof is made and such additional gas tax will remain in effect at least until the final maturity of the Bonds Outstanding at the time of issuance of the Additional Bonds. (C) In the event the Issuer shall enter into any agreement relating to, or any amendment of, the Interlocal Agreements adjusting the Issuer's proportionate share of Gas Tax Revenues and such new proportionate share of Gas Tax Revenues was not in effect during all or a portion of the applicable 12 consecutive month period described in Section 5.02(A) hereof, then for the purpose of determining whether there are sufficient Gas Tax Revenues to meet the coverage test specified in Section 5.02(A) hereof, the Authorized Issuer Officer shall adjust the amount of Gas Tax Revenues which were received during the applicable 12 consecutive month period to reflect the amount of Gas Tax Revenues the Issuer would have received over such 12 consecutive month period had the Issuer's share of Gas Tax Revenues been distributed based on its new proportionate share. (D) For the purpose of determining the Debt Service under this Section 5.02, the interest rate on additional parity Variable Rate Bonds then proposed to be issued shall be deemed to be the Bond Buyer Revenue Bond Index most recently published prior to the sale of such Additional Bonds. (E) For the purpose of determining the Debt Service under this Section 5.02, the interest rate on Outstanding Variable Rate Bonds shall be deemed to be (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. 44 (F) Additional Bonds shall be deemed to have been issued pursuant to this Resolution the same as the Outstanding Bonds, and all other covenants and other provisions of this Resolution (except as to details of such Additional Bonds inconsistent therewith) shall be for the equal benefit, protection and securing of the Holders of all Bonds issued pursuant to this Resolution. Except as provided in Sections 4.02 and 4.05 hereof, all Bonds regardless of the time or times of their issuance, shall rank equally with respect to their lien on the Pledged Funds and their sources and security for payment therefrom without preference of any Bonds over any other. (G) In the event any Additional Bonds are issued for the purpose of refunding any Bonds then Outstanding, the conditions of this Section 5.02 hereof shall not apply, provided that the issuance of such Additional Bonds shall result in a reduction of aggregate debt service. The conditions of Section 5.02(A) hereof shall apply to Additional Bonds issued to refund Subordinated Indebtedness and to Additional Bonds issued for refunding purposes which cannot meet the conditions of this paragraph. 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 have the right at all reasonable times to inspect the records, accounts and data of the Issuer relating thereto. 45 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 financial 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. SECTION5.10. FEDERAL INCOME TAX COVENANTS; TAXABLE BONDS. The Issuer covenants with the Holders of each Series of Bonds (other than Taxable Bonds), that it shall not use the proceeds of such Series of Bonds in any manner which would cause the interest on such Series of Bonds to be or become includable in gross income for purposes of federal income taxation. The Issuer covenants with the Holders of each Series of Bonds (other than Taxable Bonds) that neither the Issuer nor any Person under its control or direction will make any use 46 of the proceeds of such Series of Bonds (or amounts deemed to be proceeds under the Code) in any manner which would cause such Series of Bonds to be "arbitrage bonds" within the meaning of the Code and neither the Issuer nor any other Person shall do any act or fail to do any act which would cause the interest on such Series of Bonds to become includable in gross income for purposes of federal income taxation. The Issuer hereby covenants with the Holders of each Series of Bonds (other than Taxable Bonds) that it will comply with all provisions of the Code necessary to maintain the exclusion of interest on the Bonds from gross income for purposes of federal income taxation, including, in particular, the payment of any amount required to be rebated to the U.S. Treasury pursuant to the Code. The Issuer may, if it so elects, issue one or more Series of Taxable Bonds the interest on which is (or may be) includable in the gross income of the Holder thereof for federal income taxation purposes, so long as each Bond of such Series states in the body thereof that interest payable thereon is (or may be) subject to federal income taxation and provided that the issuance thereof will not cause the interest on any other Bonds theretofore issued hereunder to be or become subject to federal income taxation. The covenants set forth in this Section 5.10 shall not apply to any Taxable Bonds. 47 ARTICLE VI DEFAULTS AND REMEDIES SECTION 6.01. EVENTS OF DEFAULT. The following events shall each constitute an "Event of Default": (A) Default shall be made in the payment of the principal of Amortization Installment, redemption premium or interest on any Bond when due. In determining whether a payment default has occurred, no effect shall be given to payment made under a Bond Insurance Policy. (B) There shall occur the dissolution or liquidation of the Issuer, or the filing by the Issuer of a voluntary petition in bankruptcy, or the commission by the Issuer of any act of bankruptcy, or adjudication of the Issuer as a bankrupt, or assignment by the Issuer for the benefit of its creditors, or appointment of a receiver for the Issuer, or the entry by the Issuer into an agreement of composition with its creditors, or the approval by a court of competent jurisdiction of a petition applicable to the Issuer in any proceeding for its reorganization instituted under the provisions of the Federal Bankruptcy Act, as amended, or under any similar act in any jurisdiction which may now be in effect or hereafter enacted. (C) The Issuer shall default in the due and punctual performance of any other of the covenants, conditions, agreements and provisions contained in the Bonds or in this Resolution on the part of the Issuer to be performed, and such default shall continue for a period of 90 days after written notice of such default shall have been received from the Holders of not less than 25% of the aggregate principal amount of Bonds Outstanding. Notwithstanding the foregoing, the Issuer shall not be deemed to be in default hereunder if such default can be cured within a reasonable period of time and if the Issuer in good faith institutes appropriate curative action and diligently pursues such action until 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 48 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 which the trustee shall have agreed to serve shall be filed with the Issuer and the trustee and notice of such appointment shall be given to all Holders of Bonds in the same manner as notices of redemption are given hereunder. After the appointment of the first trustee hereunder, no further trustees may be appointed; however, the Holders of a majority in aggregate principal amount of all the Bonds then Outstanding may remove the trustee initially appointed and appoint a successor and subsequent successors at any time. SECTION 6.03. DIRECTIONS TO TRUSTEE AS TO REMEDIAL PROCEEDINGS. The Holders of a majority in principal amount of the Bonds then Outstanding (or any Insurer insuring any then Outstanding Bonds) have the right, by an instrument or concurrent instruments in writing executed and delivered to the trustee, to direct the method and place of conducting all remedial proceedings to be taken by the trustee hereunder, provided that such direction shall not be otherwise than in accordance with law or the provisions hereof, and that the trustee shall have the 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 49 may be waived without the consent of each Insurer, which has honored all its obligations under its Bond Insurance Policy. SECTION 6.06. APPLICATION OF MONEYS AFTER DEFAULT. If an Event of Default shall happen and shall not have been remedied, the Issuer or a trustee or receiver appointed for the purpose shall apply all Pledged Funds (except as for amounts in the subaccounts, if any, of the Reserve Account which shall be applied to the payment of the Series of Bonds for which they were established) as follows and in the following order: A. To the payment of the reasonable and proper charges, expenses and liabilities of the trustee or receiver, Registrar and Paying Agent hereunder; and B. To the payment of the interest and principal or Redemption Price, if applicable, then due on the Bonds (provided such payments are made in accordance with applicable law), as follows; (1) Unless the principal of all the Bonds shall have become due and payable, all such moneys shall be applied: FIRST: to the payment to the Persons entitled thereto of all installments of interest then due, in the order of the maturity of such installments, and, if the amount available shall not be sufficient to pay in full any particular installment, then to the payment ratably, according to the amounts due on such installment, to the Persons entitled thereto, without any discrimination or preference; SECOND: to the payment to the Persons entitled thereto of the unpaid principal of any of the Bonds which shall have become due at maturity or upon mandatory redemption prior to maturity (other than Bonds called for redemption for the payment of which moneys are held pursuant to the provisions of Section 8.01 of this Resolution), in the order of their due dates, with interest upon such Bonds from the respective dates upon which they became due, and, if the amount available shall not be sufficient to pay in full Bonds due on any particular date, together with such interest, then to the payment first of such interest, ratably according to the amount of such interest due on such date, and then to the payment of such principal, ratably according to the amount of such principal due on such date, to the Persons entitled thereto without any discrimination or preference; and THIRD: to the payment of the Redemption Price of any Bonds called for optional redemption pursuant to the provisions of this Resolution. 50 (2) If the principal of all the Bonds shall have become due and payable, all such moneys shall be applied to the payment of the principal and interest then due and unpaid upon the Bonds, with interest thereon as aforesaid, without preference or priority of principal over interest or of interest over principal, or of any installment of interest over any other installment of interest, or 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. Co above. To the payment of all amounts owed to the Insurers not covered by A or B SECTION 6.07. CONTROL BY INSURER. To the extent an Insurer makes any payment of principal of or interest on Bonds in accordance with its Bond Insurance Policy, such Insurer shall become subrogated to the rights of the recipients of such payments in accordance with the terms of its Bond Insurance Policy. Upon the occurrence and continuance of an Event of Default, an Insurer of a Series of Bonds, if such Insurer shall not be in payment default under its Bond Insurance Policy, shall be deemed to be the sole owner of such Bonds for purposes of (A) directing and controlling the enforcement of all rights and remedies with respect to such Series of Bonds, including any waiver of an Event of Default and removal of any trustee, and (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. 51 ARTICLE VII SUPPLEMENTAL RESOLUTIONS SECTION 7.01. SUPPLEMENTAL RESOLUTION WITHOUT BONDHOLDERS' CONSENT. The Issuer, from time to time and at any time, may adopt such Supplemental Resolutions without the consent of the 13 ondholders (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. 52 (H) To provide for the establishment of a separate subaccount or subaccounts in the Reserve Account which shall independently secure one or more Series of Bonds issued hereunder. (I) To revise the procedures provided in Section 4.05(A)(4) hereof pursuant to which moneys are drawn on a Reserve Account Insurance Policy or Reserve Account Letter of Credit and moneys are reimbursed to the provider of such Policy or Letter of Credit. (J) To add additional gas taxes to Gas Tax Revenues. (K) To make any other change that, in the opinion of the Issuer, would not materially adversely affect the security for the Bonds. In making such determination, the Issuer shall not take into consideration any Bond Insurance Policy. SECTION 7.02. SUPPLEMENTAL RESOLUTION WITH BONDHOLDERS' AND INSURER'S CONSENT. Subject to the terms and provisions contained in this Section 7.02 and Section 7.01 and 7.03 hereof, the Holder or Holders of not less than a majority in aggregate principal amount of the Bonds then Outstanding shall have the right, from time to time, anything contained in this Resolution to 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 written 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 53 contained, however, 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 at the offices of the Clerk and the Registrar for inspection by all Bondholders. The Issuer shall not, however, be subject to any liability to any Bondholder by reason of its failure to cause the notice required by this Section 7.02 to be mailed and any such failure shall not affect the validity of such Supplemental Resolution when consented to and approved as provided in this Section 7.02. Whenever the Issuer shall deliver to the Clerk an instrument or instruments in writing purporting to be executed by the Holders of not less than a majority in aggregate principal amount of the Bonds then Outstanding, which instrument or instruments shall refer to the proposed Supplemental Resolution described in such notice and shall specifically consent to and approve the adoption thereof in substantially the form of the copy thereof referred to in such notice, thereupon, but not otherwise, the Issuer may adopt such Supplemental Resolution in substantially such form, without liability or responsibility to any Holder of any Bond, whether or not such Holder shall have consented thereto. If the Holders of not less than a majority in aggregate principal amount of the Bonds Outstanding at the time of the adoption of such Supplemental Resolution shall have consented to and approved the adoption thereof as herein provided, no Holder of any Bond shall have any right to object to the adoption of such Supplemental Resolution, or to object to any of the terms and provisions contained therein or the operation thereof, or in any manner to question the propriety of the adoption thereof, or to enjoin or restrain the Issuer from adopting the same or from taking any action pursuant to the provisions thereof. Upon the adoption of any Supplemental Resolution pursuant to the provisions of this Section 7.02, this Resolution shall be deemed to be modified and amended in accordance therewith, and the respective rights, duties and obligations under this Resolution of the Issuer and all Holders of Bonds then Outstanding shall thereafter be determined, exercised and enforced in all respects under the provisions of this Resolution as so modified and amended. 54 SE CTION 7.03. AMENDMENT WITH CONSENT OF INSURER ONLY. For purposes of amending this Resolution pursuant to Section 7.02 hereo£, 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 o£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. 55 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 56 Refunding Securities and moneys are sufficient to pay the principal of or Redemption Price, if applicable, and interest on the refunded Bonds. For purposes of determining whether Variable Rate Bonds shall be deemed to have been paid prior to the maturity or the redemption date thereof, as the case may be, by the deposit of moneys, or specified Refunding Securities and moneys, if any, in accordance with this Section 8.01, the interest to come due on such Variable Rate Bonds on or prior to the maturity or redemption date thereof, as the case may be, shall be calculated at the Maximum Interest Rate; provided, however, that if on any date, as a result of such Variable Rate Bonds having borne interest at less than the Maximum Interest Rate for any 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 which moneys are to be deposited for the payment thereof in accordance with this Section 8.01 are not by their terms subject to redemption within the next succeeding 60 days, the Issuer shall cause the Registrar to mail a notice to the Holders of such Bonds that the deposit required by this Section 8.01 of moneys or Refunding Securities has been made and said Bonds are deemed to be paid in accordance with the provisions of this Section 8.01 and stating such maturity or redemption date upon which moneys are to be available for the payment of the principal of or Redemption Price, if applicable, and interest on said Bonds. Failure to provide said notice shall not affect the Bonds being deemed to have been paid in accordance with the provisions of this Section 8.01. Nothing herein shall be deemed to require the Issuer to call any of the Outstanding Bonds for redemption prior to maturity pursuant to any applicable optional redemption provisions, or to impair the discretion of the Issuer in determining whether to exercise any such option for early redemption. In the event that the principal of or Redemption Price, if applicable, and interest due on the Bonds shall be paid by an Insurer or Insurers, such Bonds shall remain Outstanding, shall not be defeased and shall not be considered paid by the Issuer, and the pledge of the Pledged Funds and all covenants, agreements and other 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. 57 SE CTION 8.02. CAPITAL APPRECIATION BOND S. For the purposes of (A) receiving payment of the Redemption Price ifa Capital Appreciation Bond is redeemed prior to maturity, or (B) receiving payment of a Capital Appreciation Bond if the principal of all Bonds becomes due and payable under the provisions of this Resolution, or (C) computing the amount of Bonds held by the Holder of a Capital Appreciation Bond in giving to the Issuer or any trustee or receiver appointed to represent the Bondholders any notice, consent, request or demand pursuant to this Resolution for any purpose whatsoever, the principal amount of a Capital Appreciation Bond shall be deemed to be its Accreted Value. SECTION 8.03. SALE OF BONDS. The Bonds shall be issued and sold at public or private sale at one time or in installments from 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. 58 SECTION 8.07. EFFECTIVE DATE. immediately upon its adoption. This Resolution shall take effect DULY ADOPTED, in Regular Session this 1 lth day of February, 2003. (SEAL) ii,'ATTE~ST: A3'~¥~.D :&¢~O FORM AND LE'd~~fC'iENC Y: County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Chairman ti-0:3 59 EXHIBIT A DESCRIPTION OF INITIAL PROJECT A-1 Collier County, Florida Road Project List 1 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 Maj or Reconstruction/Resurfacing North 1 lth Street Livingston Rd, PPR/Imm (CR 862 to CR 896) Santa Barbara, 6 lane Davis/PRR GG Blvd, 4 lane CR951/Wilson 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 GBB-Green Green Blvd Sunshine - SBB SR Davis 84 Intersection Pine Ridge Rd Logan-Collier Wilson Blvd -Immk-GGB Golden Gate Blvd Wilson-Everglades Collier Blvd - Davis-GGPKWY GGPKWY US41-Goodlette RESOLUTION NO. 2003-83 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SUPPLEMENTING A RESOLUTION ENTITLED "A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING THE ISSUANCE BY COLLIER COUNTY, FLORIDA OF $120,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF COLLIER COUNTY, FLORIDA GAS TAX REVENUE BONDS, SERIES 2003 IN ORDER TO PROVIDE FUND S FOR THE PRINCIPAL PURPOSES OF FINANCING THE COSTS OF VARIOUS TRANSPORTATION IMPROVEMENTS WITHIN THE COUNTY AND REFINANCING CERTAIN INDEBTEDNESS; PLEDGING THE MONEYS RECEIVED BY THE COUNTY FROM THE HEREIN DESCRIBED GAS TAX REVENUES TO SECURE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SAID BONDS; PROVIDING FOR THE ISSUANCE OF ADDITIONAL BONDS; PROVIDING FOR CERTAIN ADDITIONAL MATTERS IN RESPECT TO SAID BONDS; AND PROVIDING FOR AN EFFECTIVE DATE FOR THIS RESOLUTION"; PROVIDING CERTAIN TERMS AND DETAILS OF THE COLLIER COUNTY, FLORIDA GAS TAX REVENUE BONDS, SERIES 2003, INCLUDING AUTHORIZING A NEGOTIATED SALE OF SAID BONDS; DELEGATING CERTAIN AUTHORITY TO THE CHAIRMAN FOR THE EXECUTION AND DELIVERY OF THE HEREIN DESCRIBED PURCHA SE CONTRACT WITH RESPECT THERETO; APPOINTING THE PAYING AGENT AND REGISTRAR FOR SAID BONDS; AUTHORIZING THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND THE EXECUTION AND DELIVERY OF AN OFFICIAL STATEMENT WITH RESPECT THERETO; AUTHORIZING THE EXECUTION AND DELIVERY OF AN ESCROW DEPOSIT AGREEMENT AND APPOINTMENT OF AN ESCROW AGENT; ESTABLISHING A BOOK- ENTRY SYSTEM OF REGISTRATION FOR THE BONDS; AUTHORIZING MUNICIPAL BOND INSURANCE FOR THE BONDS; AUTHORIZING A RESERVE ACCOUNT INSURANCE POLICY WITH RESPECT TO THE BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE CERTIFICATE; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION 1. FINDINGS. It is hereby found and determined that: (A) On the date of adoption hereof, the Board of County Commissioners (the "Board") of Collier County, Florida (the "Issuer") duly adopted a resolution (the "Resolution"), the title of which resolution is quoted in the title of this Supplemental Resolution, for the purposes described therein, including authorizing the Issuer's Collier County, Florida Gas Tax Revenue Bonds, Series 2003 (the "Series 2003 Bonds") in order to finance a portion of the costs of certain capital improvements generally described in Exhibit A thereto (the "Initial Project") and to refund the Issuer's Collier County, Florida Road Improvement Refunding Revenue Bonds, Series 1995 (the "Prior Bonds"). (B) The Issuer deems it to be in its best interests to issue the Series 2003 Bonds for the principal purposes of financing and/or reimbursing the Costs of the Initial Project and refunding the Prior Bonds. (C) The Prior Bonds are being refunded in order to achieve debt service savings and/or restructure indebtedness. For the payment and refunding of said Prior Bonds, the Issuer shall, as provided herein, deposit part of the proceeds derived from the sale of the Series 2003 Bonds, together with other legally available moneys of the Issuer, in an escrow deposit trust fund to purchase direct U.S. Treasury obligations (the "Federal Securities") which shall be sufficient, together with investment earnings therefrom and a cash deposit, to pay the Prior Bonds as the same become due and payable or are redeemed prior to maturity, all as provided herein and the hereinafter defined Escrow Deposit Agreement. Subsequent to the defeasance of the Prior Bonds, the Prior Bonds shall no longer be payable from or secured by the moneys and revenues pledged therefor pursuant to the Prior Resolution. (D) Due to the potential volatility of the market for tax-exempt obligations such as the Series 2003 Bonds and the complexity of the transactions relating to such Series 2003 Bonds, it is in the best interest of the Issuer to sell the Series 2003 Bonds by a negotiated sale, allowing the Issuer to enter the market at the most advantageous time, rather than at a specified advertised date, thereby permitting the Issuer to obtain the best possible price and interest rate for the Series 2003 Bonds. (E) The Issuer anticipates receiving a favorable offer to purchase the Series 2003 Bonds from Morgan Stanley & Co. Incorporated, A.G. Edwards & Sons, Inc. and Raymond James & Associates, Inc. (collectively, the "Underwriters"), all within the parameters set forth herein. (F) Inasmuch as the Board desires to sell the Series 2003 Bonds at the most advantageous time and not wait for a scheduled Board meeting, so long as the herein described parameters are met, the Issuer hereby determines to delegate the award and sale of the Series 2003 Bonds to the Chairman within such parameters. (G) The Resolution provides that the Series 2003 Bonds shall mature on such dates and in such amounts, shall bear such rates of interest, shall be payable in such places and shall be subject to such redemption provisions as shall be determined by Supplemental Resolution adopted by the Issuer; and it is now appropriate that the Issuer set forth the parameters and mechanism to determine such term s and details, which terms and details shall be set forth in the hereinafter defined Purchase Contract. SECTION 2. DEFINITIONS. When used in this Supplemental Resolution, the terms defined in the Resolution shall have the meanings therein stated, except as such definitions may be hereinafter amended or defined. SECTION 3. AUTHORITY FOR THIS SUPPLEMENTAL RESOLUTION. This Supplemental Resolution is adopted pursuant to the provisions of the Act and the Resolution. SECTION 4. DESCRIPTION OF THE SERIES 2003 BONDS. As provided in Section 2.02 of the Resolution, the Issuer has heretofore authorized the issuance of a Series of Bonds in the aggregate principal amount of not exceeding $120,000,000 to be known as the "Collier County, Florida Gas Tax Revenue Bonds, Series 2003," for the principal purposes of financing the Costs of the Initial Project and refunding the Prior Bonds. The aggregate principal amount of the Series 2003 Bonds to be issued pursuant to the Resolution shall be determined by the Chairman provided such aggregate principal amount does not exceed $120,000,000. The Series 2003 Bonds shall be dated as of their date of delivery or such other date as the Chairman may determine, shall be issued in the form of fully registered Bonds in the denomination of $5,000 or any integral multiple thereof, shall be numbered consecutively from one upward in order of maturity preceded by the letter "R", shall bear interest from the dated date determined therefor, payable semi-annually, on June 1 and December 1 of each year (the "Interest Dates"), commencing on June 1, 2003 or such other dates as may be determined by the Chairman. The Series 2003 Bonds shall bear interest at such rates and yields, shall mature on June 1 of each of the years and in the principal amounts corresponding to such years, and shall have such redemption provisions as determined by the Chairman subject to the conditions set forth in Section 5 hereof. All of the terms of the Series 2003 Bonds will be included in a Purchase Contract which shall be in substantially the form attached hereto and made a part hereof as Exhibit A (the "Purchase Contract"). The Chairman is hereby authorized to execute the Purchase Contract in substantially the form attached hereto as Exhibit A with such modifications as he deems appropriate upon satisfaction of the conditions described in Section 5 hereof. SECTION 5. CONDITIONS TO EXECUTION OF PURCHASE CONTRACT. The Purchase Contract shall not be executed by the Chairman until such time as all of the following conditions have been satisfied: (A) Receipt by the Chairman of a written offer to purchase the Series 2003 Bonds by the Underwriters substantially in the form of the Purchase Contract attached hereto as Exhibit A, said offer to provide for or demonstrate, among other things, (i) not exceeding $120,000,000 aggregate principal amount of Series 2003 Bonds, (ii) an underwriting discount (including management fee and all expenses) not in excess of 0.7% of the par amount of the Series 2003 Bonds, (iii) a true interest cost of not more than 5.50% per annum, and (iv) the maturities of the Series 2003 Bonds, with the final maturity being not later than June 1,2023. (B) With respect to any optional redemption terms for the Series 2003 Bonds, the first call date may be no later than June 1, 2013 and no call premium may exceed 2% of the par amount of that portion of the Series 2003 Bonds to be redeemed. Term Bonds may be established with such Amortization Installments as the Chairman deems appropriate. (C) Receipt by the Chairman of a disclosure statement and a truth-in-bonding statement of the Underwriters dated the date of the Purchase Contract and complying with Section 218.385, Florida Statutes. (D) Receipt by the Chairman of a good faith deposit from the Underwriters in an amount not less than 1.0% of the par amount of the Series 2003 Bonds. 4 Upon satisfaction of all the requirements set forth in this Section 5, the Chairman is authorized to execute and deliver the Purchase Contract containing terms complying with the provisions of this Section 5. The Chairman may rely upon the advice of the Issuer's Financial Advisor as to satisfaction of the above-described conditions. SE CTION 6. REDEMPTION PROVISIONS FOR SERIES 2003 BOND S. The Series 2003 Bonds may be redeemed prior to their respective maturities from any moneys legally available therefor, upon notice as provided in the Resolution, upon the terms and provisions as determined by the Chairman and set forth in the Purchase Contract subject to the conditions contained in Section 5 hereof. SECTION 7. FULL BOOK-ENTRY. Notwithstanding the provisions set forth in Section 2.07 of the Resolution, the Series 2003 Bonds shall be initially issued in the form of a separate single certificated fully registered Series 2003 Bond for each of the maturities of the Series 2003 Bonds. Upon initial issuance, the ownership of each such Bond shall be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of The Depository Trust Company ("DTC"). As long as the Series 2003 Bonds are registered in the name of Cede & Co., all of the Outstanding Series 2003 Bonds shall be registered in the registration books kept by the Registrar in the name of Cede & Co., all payments of principal on the Series 2003 Bonds shall be made by the Paying Agent by check or draft or by bank wire transfer to Cede & Co., as Holder of the Series 2003 Bonds, upon presentation of the Series 2003 Bonds to be paid, to the Paying Agent. With respect to Series 2003 Bonds registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, the Issuer, the Registrar and the Paying Agent shall have no responsibility or obligation to any direct or indirect participant in the DTC book-entry program (the "Participants"). Without limiting the immediately preceding sentence, the Issuer, the Registrar and the Paying Agent shall have no responsibility or obligation with respect to (A) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest on the Series 2003 Bonds, (B) the delivery to any Participant or any other Person other than a Bondholder, as shown in the registration books kept by the Registrar, of any notice with respect to the Series 2003 Bonds, including any notice of redemption, or (C) the payment to any Participant or any other Person, other than a Bondholder, as shown in the registration books kept by the Registrar, of any amount with respect to principal of, Redemption Price, if any, or interest on the Series 2003 Bonds. The Issuer, the Registrar and the Paying Agent may treat and consider the Person in whose name each Series 2003 Bond is registered in the registration books kept by the Registrar as the Holder and absolute owner of such Bond for the purpose of payment of principal, Redemption Price, if any, and interest with respect to such Bond, for the purpose of giving notices of redemption and other matters with respect to such Bond, for the purpose of registering transfers with respect to such Bond, and for all other purposes whatsoever. The Paying Agent shall pay all principal of, Redemption Price, if any, and interest on the Series 2003 Bonds only to or upon the order of the respective Holders, as shown in the registration books kept by the Registrar, or their respective attorneys duly authorized in writing, as provided herein and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect to payment of principal of, Redemption Price, if any, and interest on the Series 2003 Bonds to the extent of the sum or sums so paid. No Person other than a Holder, as shown in the registration books kept by the Registrar, shall receive a certificated Bond evidencing the obligation of the Issuer to make payments of principal, Redemption Price, if any, and interest pursuant to the provisions of the Resolution. Upon delivery by DTC to the Issuer of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in the Resolution with respect to transfers during the 15 days next preceding an Interest Date or first mailing of notice of redemption, the words "Cede & Co." in this Supplemental Resolution shall refer to such new nominee of DTC; and upon receipt of such notice, the Issuer shall promptly deliver a copy of the same to the Registrar and the Paying Agent. Upon (A) receipt by the Issuer of written notice from DTC (i) to the effect that a continuation of the requirement that all of the outstanding Series 2003 Bonds be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, is not in the best interest of the beneficial owners of the Series 2003 Bonds or (ii) to the effect that DTC is unable or unwilling to discharge its responsibilities and no substitute depository willing to undertake the functions of DTC hereunder can be found which is willing and able to undertake such functions upon reasonable and customary terms, or (B) determination by the Issuer that such book-entry only system is burdensome or undesirable to the Issuer, the Series 2003 Bonds shall no longer be restricted to being registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, but may be registered in whatever name or names Holders shall designate, in accordance with the provisions of the Resolution. In such event, the Issuer shall issue and the Registrar shall authenticate, transfer and exchange the Series 2003 Bonds of like principal amount and maturity, in denominations of $5,000 or any integral multiple thereof to the Holders thereof. The foregoing notwithstanding, until such time as participation in the book-entry only system is discontinued, the provisions set forth in the Blanket Issuer Letter of Representations previously executed by the Issuer and delivered to DTC shall apply to the payment of principal of, premium, if any, and interest on the Series 2003 Bonds. SECTION 8. APPLICATION OF SERIES 2003 BOND PROCEEDS. The proceeds derived from the sale of the Series 2003 Bonds shall be applied by the Issuer as follows: 6 (A) An amount equal to the accrued interest, if any, on the Series 2003 Bonds shall be deposited to the Interest Account of the Debt Service Fund and shall be used to pay a portion of the interest on the Series 2003 Bonds coming due on the next succeeding Interest Date. (B) A sufficient amount of the Series 2003 Bond proceeds shall be deposited irrevocably in trust in the escrow deposit trust fund established under the terms and provisions of the Escrow Deposit Agreement, dated as of the dated date of the Series 2003 Bonds (the "Escrow Deposit Agreement"), between the Issuer and Fifth Third Bank, Cincinnati, Ohio, as Escrow Agent, and, other than a cash deposit, shall be invested, together with other legally available moneys of the Issuer, in Federal Securities in the manner set forth in the Escrow Deposit Agreement, which investments shall mature at such times and in such amounts as shall be sufficient to pay the principal of, redemption premium, if any, and interest on the Prior Bonds as the same become due and payable whether at maturity or upon earlier redemption. Subject to the issuance and delivery of the Series 2003 Bonds, the Prior Bonds maturing on or after June 1, 2004 shall be redeemed on June 1, 2003, or such later date as shall be approved by the Chairman. (C) A sufficient amount of the Series 2003 Bond proceeds shall be applied to the payment of the premium for the hereinafter described Bond Insurance Policy applicable to the Series 2003 Bonds, to the payment of the premium for the hereinafter described Reserve Account Insurance Policy, and to the payment of costs and expenses relating to the issuance of the Series 2003 Bonds. (D) An amount of the Series 2003 Bond proceeds equal to one-half of the Reserve Account Requirement for the Series 2003 Bonds shall be depo sited into the Reserve Account. (E) The remainder of the proceeds of the Series 2003 Bonds shall be deposited to the Series 2003 Account of the Construction Fund and applied to pay the Cost of the Initial Project. SECTION 9. TRANSFER OF CERTAIN MONEYS. The Prior Bonds will be refunded from proceeds of the Series 2003 Bonds and other legally available moneys of the Issuer. Any excess moneys on deposit in the funds or accounts established pursuant to the Prior Resolution not required by the terms of the Prior Resolution to be on deposit therein shall be transferred to the escrow deposit trust fund established pursuant to the Escrow Deposit Agreement. SECTION 10. PRELIMINARY OFFICIAL STATEMENT. The Issuer hereby authorizes the distribution and use of the Preliminary Official Statement in 7 substantially the form attached hereto as Exhibit B in connection with the offering of the Series 2003 Bonds for sale. If between the date hereof and the mailing of the Preliminary Official Statement, it is necessary to make insertions, modifications or changes in the Preliminary Official Statement, the Chairman is hereby authorized to approve such insertions, changes and modifications. The Chairman is hereby authorized to deem the Preliminary Official Statement "final" within the meaning of Rule 15c2-12(b)(1) under the Securities Exchange Act of 1934 in the form as mailed. Execution of a certificate by the Chairman deeming the Preliminary Official Statement "final" as described above shall be conclusive evidence of the approval of any insertions, changes or modifications. SECTION 11. OFFICIAL STATEMENT. The form, terms and provisions of the Official Statement relating to the Series 2003 Bonds shall be substantially as set forth in the Preliminary Official Statement and shall include all of the specific financial terms of the Series 2003 Bonds. The Chairman is hereby authorized and directed to execute and deliver said Official Statement in the name and on behalf of the Issuer, and thereupon to cause such Official Statement to be delivered to the Underwriters with such changes, amendments, modifications, omissions and additions as may be approved by the Chairman. Said Official Statement, including any such changes, amendments, modifications, omissions and additions as approved by the Chairman and the information contained therein are hereby authorized to be used in connection with the sale of the Series 2003 Bonds to the public. Execution by the Chairman of the Official Statement shall be deemed to be conclusive evidence of approval of such changes. SECTION 12. APPOINTMENT OF PAYING AGENT AND REGISTRAR. Subject in all respects to the satisfaction of the conditions set forth in Section 5 hereof, Fifth Third Bank, Cincinnati, Ohio, is hereby designated Registrar and Paying Agent for the Series 2003 Bonds. The Chairman and/or the Clerk or any designated Deputy Clerk are hereby authorized to enter into any agreement which may be necessary to effect the transactions contemplated by this Section 12 and by the Resolution. SECTION 13. MUNICIPAL BOND INSURANCE; RESERVE ACCOUNT INSURANCE POLICY. (A) Subject in all respects to the satisfaction of the conditions set forth in Section 5 hereof, the Issuer hereby authorizes the payment of the principal of and interest on the Series 2003 Bonds to be insured pursuant to a municipal bond insurance policy (the "Bond Insurance Policy") issued by Ambac Assurance Corporation ("Ambac"). The Chairman is hereby authorized to execute such documents and instruments necessary to cause Ambac to insure the Series 2003 Bonds. With respect to the Series 2003 Bonds, Ambac shall be deemed to be the "Insurer" as such term is used and defined in the Resolution. (B) Subject in all respects to the satisfaction of the conditions set forth in Section 5 hereof, the Issuer shall deposit to the Reserve Account a Reserve Account Insurance Policy purchased from Ambac, the face amount of which is equal to one-half of the Reserve Account Requirement for the Series 2003 Bonds. The Chairman is hereby authorized to enter into a Guaranty Agreement substantially in the form attached hereto as Exhibit C in order to cause Ambac issue such Reserve Account Insurance Policy. The Clerk is hereby authorized and directed to attest such Guaranty Agreement. The provisions of such Guaranty Agreement, when executed and delivered, shall be incorporated herein by reference and to the extent there are any conflicts between the Guaranty Agreement and the Resolution, the provisions of the Guaranty Agreement shall control. SECTION 14. PROVISIONS RELATING TO BOND INSURANCE POLICY. Subject in all respects to the satisfaction of the conditions set forth in Section 5 hereof, so long as the Bond Insurance Policy issued by the Insurer is in full force and effect and the Insurer has not defaulted in its payment obligations under the Bond Insurance Policy, the Issuer agrees to comply with the following provisions, notwithstanding any provision in the Resolution to the contrary: (A) Notices to be given to Ambac Surveillance Department. The Issuer shall furnish to the Surveillance Department of Ambac: (i) as soon as practicable after the required state or federal filing thereof, a copy of any financial statements of the Issuer and a copy of any audit and annual report of the Issuer; (ii) a copy of any notice to be given to the Holders of the Series 2003 Bonds, including, without limitation, notice of any redemption of or defeasance of Series 2003 Bonds, and any certificate rendered pursuant to the Resolution relating to the security for the Series 2003 Bonds; (iii) to the extent that the Issuer has entered into a continuing disclosure agreement or certificate with respect to the Series 2003 Bonds, Ambac shall be included as a party to be notified; and (iv) such additional information as it may reasonably request. (B) Notices to be given to Ambac General Counsel Office. The Issuer shall furnish to the General Counsel Office of Ambac: (i) notice of any failure of the Issuer to provide any relevant notices, certificates, etc.; and (ii) notice that there are insufficient moneys to make any payments of principal and/or interest on the Series 2003 Bonds as required by the Resolution and immediate notice of any Event of Default under the Resolution. (C) Other Information. The Issuer will permit Ambac to discuss the affairs, finances and accounts of the Issuer or any information Ambac may reasonably request regarding the security for the Series 2003 Bonds with appropriate officers of the Issuer. The Issuer will permit Ambac to have access to and to make copies of all books and records relating to the Series 2003 Bonds at any reasonable time. Ambac shall have the right to direct an accounting with respect to the Series 2003 Bonds and the security therefor at the Issuer's expense, and the Issuer's failure to comply with such direction within 30 days after receipt of written notice of the direction from Ambac shall be deemed an Event of Default under the Resolution; provided, however, that if compliance cannot occur within such period, then such period will be extended so long as compliance is begun within such period and diligently pursued, but only if such extension would not materially adversely affect the interests of any Holder of the Series 2003 Bonds. (D) Payment Procedure Pursuant to Municipal Bond Insurance Policy. The Issuer agrees to comply with the following provisions and to cause the Paying Agent for the Series 2003 Bonds to comply with the following provisions: (i) At least one day prior to all interest payment dates the Issuer or the Paying Agent will determine whether there will be sufficient funds in the funds and accounts established under the Resolution to pay the principal of or interest on the Series 2003 Bonds on such interest payment date. If the Issuer or the Paying Agent determines that there will be insufficient funds in such funds or accounts, such entity shall immediately notify the other and Ambac. Such notice shall specify the amount of the anticipated deficiency, the Series 2003 Bonds to which such deficiency is applicable and whether such Series 2003 Bonds will be deficient as to principal or interest, or both. If either the Issuer or the Paying Agent has not so notified Ambac at least one day prior to an interest payment date, Ambac will make payments of principal or interest due on the Series 2003 Bonds on or before the first day next following the date on which Ambac shall have received notice of nonpayment from the Issuer or the Paying Agent. 10 ' (ii) The Paying Agent or the Registrar shall, after it or the Issuer gives notice to Ambac as provided in (D)(i) above, make available to Ambac and, at Ambac's direction, to The Bank of New York in New York, New York, as insurance trustee for Ambac or any successor insurance trustee (the "Insurance Trustee"), the registration books of the Issuer maintained by the Registrar and all records relating to the funds and accounts maintained under the Resolution. (iii) The Paying Agent or the Registrar shall provide Ambac and the Insurance Trustee with a list of Holders of Series 2003 Bonds entitled to receive principal or interest payments from Ambac under the terms of the Municipal Bond Insurance Policy, and shall make arrangements with the Insurance Trustee (a) to mail checks or drafts to the Holders of the Series 2003 Bonds entitled to receive full or partial interest payments from Ambac and (b) to pay principal upon the Series 2003 Bonds surrendered to the Insurance Trustee by the Holders of the Series 2003 Bonds entitled to receive full or partial principal payments from Ambac. (iv) The Paying Agent shall, at the time it provides notice to Ambac pursuant to (D)(i) above, notify Holders of Series 2003 Bonds entitled to receive the payment of principal or interest thereon from Ambac (a) as to the fact of such entitlement, (b) that Ambac will remit to them all or a part of the interest payments next coming due upon proof of Series 2003 Bondholder entitlement to interest payments and delivery to the Insurance Trustee, in form satisfactory to the Insurance Trustee, of an appropriate assignment of the Holder's right to payment, (c) that should they be entitled to receive full payment of principal from Ambac, they must surrender their Series 2003 Bonds (along with an appropriate instrument of assignment in form satisfactory to the Insurance Trustee to permit ownership of such Series 2003 Bonds to be registered in the name of Ambac) for payment to the Insurance Trustee, and not the Paying Agent, and (d) that should they be entitled to receive partial payment of principal from Ambac they must surrender their Series 2003 Bonds for payment thereon first to the Paying Agent who shall note on such Series 2003 Bonds the portion of the principal paid by the Paying Agent and then, along with an appropriate instrument of assignment in form satisfactory to the Insurance Trustee, to the Insurance Trustee, which will then pay the unpaid portion of principal. (v) In the event that the Paying Agent has notice that any payment of principal of or interest on a Series 2003 Bond which has become due for payment and which is made to a Series 2003 Bondholder by or on behalf of the Issuer has been deemed a preferential transfer and theretofore recovered from its Holder pursuant to the United States Bankruptcy Code by a trustee in bankruptcy in accordance with the final, nonappealable order of a court having competent jurisdiction, the Paying Agent 11 shall, at the time Ambac is notified pursuant to (D)(i) above, notify all Holders that in the event that any Holder's payment is so recovered, such Holder will be entitled to payment from Ambac to the extent of such recovery if sufficient funds are not otherwise available, and the Paying Agent shall furnish to Ambac its records evidencing the payments of principal of and interest on the Series 2003 Bonds which have been made by the Paying Agent and subsequently recovered from Holders and the dates on which such payments were made. (vi) In addition to those rights granted Ambac under the Resolution, Ambac shall, to the extent it makes payment of principal of or interest on Series 2003 Bonds, become subrogated to the rights of the recipients of such payments in accordance with the terms of the Bond Insurance Policy, and to evidence such subrogation (a) in the case of subrogation as to claims for past due interest, the Paying Agent shall note Ambac's rights as subrogee on the registration books of the Issuer maintained by the Registrar upon receipt from Ambac of proof of the payment of interest thereon to the Holders of the Series 2003 Bonds, and (b) in the case of subrogation as to claims for past due principal, the Paying Agent shall note Ambac's rights as subrogee on the registration books of the Issuer maintained by the Registrar upon surrender of the Series 2003 Bonds by the Holders thereof together with proof of the payment of principal thereof. (E) Consent of Ambac. (i) Any provision of the Resolution expressly recognizing or granting rights in or to Ambac may not be amended in any manner which affects the rights of Ambac hereunder or thereunder without the prior written consent of Ambac. (ii) Except as otherwise provided in the Resolution, Ambac's consent shall be required for the following purposes: (a) execution and delivery of any Supplemental Resolution if Series 2003 Bondholder consent is required pursuant to the Resolution; (b) removal of the Paying Agent and selection and appointment of any successor Paying Agent; and (c) initiation or approval o f any action not described in (a) or (b) above which requires consent of the Series 2003 Bondholders. (iii) Any reorganization or liquidation plan with respect to the Issuer must be acceptable to Ambac. In the event of any reorganization or liquidation, Ambac shall have the right to vote on behalf of all Series 2003 Bondholders absent a default by Ambac under the Bond Insurance Policy. 12 (iv) Anything in the Resolution to the contrary notwithstanding, upon the occurrence and continuance of an Event of Default as defined in the Resolution, Ambac shall be entitled to control and direct the enforcement of all rights and remedies granted to the Series 2003 Bondholders for the benefit of the Series 2003 Bondholders under the Resolution. (F) Provisions Concerning the Paying Agent. (i) The Paying Agent may be removed at any time at the request of Ambac, for any breach of the trust set forth in the Resolution. (ii) Ambac shall receive prior written notice of any Paying Agent resignation or removal. (iii) Every successor Paying Agent appointed by the Issuer shall be a trust company or bank in good standing located in or incorporated under the laws of the State, duly authorized to exercise trust powers and subject to examination by federal or state authority, having a reported capital and surplus of not less than $40,000,000 and acceptable to Ambac. Any successor Paying Agent shall not be appointed unless Ambac approves su. ch successor in writing. (iv) Notwithstanding any other provision of the Resolution, in determining whether the rights of the Series 2003 Bondholders will be adversely affected by any action taken pursuant to the terms and provisions of the Resolution, the Issuer shall consider the effect on the Series 2003 Bondholders as if there were no Bond Insurance Policy. (v) Notwithstanding any other provision of the Resolution, no removal, resignation or termination of the Paying Agent shall take effect until a successor, acceptable to Ambac, shall be appointed. (G) Interested Parties. To the extent that the Resolution confers upon or gives or grants to Ambac any right, remedy or claim under or by reason of the Resolution, Ambac is hereby explicitly recognized as being a third-party beneficiary hereunder and thereunder and may enforce any such right, remedy or claim conferred, given or granted hereunder and thereunder. Nothing in the Resolution, expressed or implied, is intended or shall be construed to confer upon, or to give or grant to, any person or entity, other than the Issuer, the Paying Agent, the Registrar, Ambac and the Holders of the Series 2003 Bonds, any right, remedy or claim under or by reason of the Resolution or any covenant, condition or stipulation hereof or thereof, and all covenants, stipulations, promises and agreements in the 13 10B Resolution contained by and on behalf of the Issuer shall be for the sole and exclusive benefit of the Issuer, the Paying Agent, the Registrar, Ambac and the Holders of the Series 2003 Bonds. (H) Defeasance. Notwithstanding anything herein or in the Resolution to the contrary, in the event that the principal and/or interest due on the Series 2003 Bonds shall be paid by Ambac pursuant to the Bond Insurance Policy, the Series 2003 Bonds shall remain Outstanding for all purposes, not be defeased or otherwise satisfied and not be considered paid by the Issuer, and the lien on and pledge of the Pledged Funds and all covenants, agreements and other obligations of the Issuer to the Holders shall continue to exist and shall run to the benefit of Ambac, and Ambac shall be subrogated to the rights of such Holders. (I) Securi _ty Provisions. (i) The Resolution creates a valid and binding pledge of the Pledged Funds in favor of the Holders of the Series 2003 Bonds as security for payment of the Series 2003 Bonds, enforceable by the Holders of the Series 2003 Bonds in accordance with the terms of the Resolution. (ii) The Issuer has not heretofore made a pledge of, granted a lien on or security interest in, or made an assignment or sale of the Pledged Funds that ranks on a parity with or prior to the pledge of the Pledged Funds granted by the Resolution. The Issuer shall not hereafter make or suffer to exist any pledge or assignment of, lien on, or security interest in such Pledged Funds that ranks prior to or on a parity with the pledge of the Pledged Funds granted by the Resolution, except as expressly permitted by the Resolution. (J) Hedge Agreements. So long as any Outstanding Bonds are insured by Ambac, the Issuer shall not enter into any Hedge Agreements relating to the Bonds without the written consent of Ambac. (K) Reserve Account Insurance Policy. The Issuer and Paying Agent shall do all things required by the Resolution, the Guaranty Agreement and Ambac to utilize the Reserve Account Insurance Policy in accordance with its terms. SECTION 15. AUTHORIZATION TO EXECUTE ESCROW DEPOSIT AGREEMENT. The Issuer hereby authorizes and directs the Chairman and Clerk to execute the Escrow Deposit Agreement and to deliver the Escrow Deposit Agreement to Fifth Third Bank, Cincinnati, Ohio, which is hereby appointed as Escrow Agent thereunder. All of the provisions of the Escrow Deposit Agreement when executed and delivered by the 14 Issuer as authorized herein and when duly authorized, executed and delivered by the Escrow Agent, shall be deemed to be a part of this Supplemental Resolution as fully and to the same extent as if incorporated verbatim herein, and the Escrow Deposit Agreement shall be in substantially the form of the Escrow Deposit Agreement attached hereto as Exhibit D with such changes, amendments, modifications, omissions and additions, including the date of such Escrow Deposit Agreement, as may be approved by said Chairman. Execution by the Chairman of the Escrow Deposit Agreement shall be deemed to be conclusive evidence of approval of such changes. The Chairman and the Clerk are hereby authorized and directed to execute and file all documents necessary to purchase or subscribe to the Federal Securities on behalf of the Issuer. SECTION 16. SECONDARY MARKET DISCLOSURE. Subject in all respects to the satisfaction of the conditions set forth in Section 5 hereof, the Issuer hereby covenants and agrees that, in order to provide for compliance by the Issuer with the secondary market disclo sure requirements of Rule 15c2-12 of the Securities and Exchange Commission (the "Rule"), it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate to be executed by the Issuer and dated the date of delivery of the Series 2003 Bonds, as it may be amended from time to time in accordance with the terms thereof. The Continuing Disclosure Certificate shall be substantially in the form attached hereto as Exhibit E with such changes, amendments, modifications, omissions and additions as shall be approved by the Chairman who is hereby authorized to execute and deliver such Certificate. Notwithstanding any other provision of the Resolution, failure of the Issuer to comply with such Continuing Disclosure Certificate shall not be considered an Event of Default under the Resolution; provided, however, any Series 2003 Bondholder may take such actions as maybe necessary and appropriate, including seeking mandate or specific performance by court order, to cause the Issuer to comply with its obligations under this Section 16 and the Continuing Disclosure Certificate. For purposes of this Section 16, "Series 2003 Bondholder" shall mean any person who (A) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Series 2003 Bonds (including persons holding Series 2003 Bonds through nominees, depositories or other intermediaries), or (B) is treated as the owner of any Series 2003 Bonds for federal income tax purposes. SECTION 17. GENERAL AUTHORITY. The members of the Board, the Clerk and the officers, attorneys and other agents or employees of the Issuer are hereby authorized to do all acts and things required of them by this Supplemental Resolution, the Resolution, the Official Statement, the Continuing Disclosure Certificate, the Escrow Deposit Agreement, the Guaranty Agreement or the Purchase Contract or desirable or consistent with the requirements hereof or the Resolution, the Official Statement, the Continuing Disclosure Certificate, the Escrow Deposit Agreement, the Guaranty Agreement or the Purchase 15 Contract for the full punctual and complete performance of all the terms, covenants and agreements contained herein or in the Series 2003 Bonds, the Resolution, the Official Statement, the Continuing Disclosure Certificate, the Escrow Deposit Agreement, the Guaranty Agreement and the Purchase Contract and each member, employee, attorney and officer of the Issuer or the Board and the Clerk is hereby authorized and directed to execute and deliver any and all papers and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated hereunder. If the Chairman is unavailable or unable at any time to perform any duties or functions hereunder, including but not limited to those described in Section 5 hereof, the Vice- Chairman is hereby authorized to act on his or her behalf. SECTION 18. SEVERABILITY AND INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions hereof or of the Series 2003 Bonds. SECTION 19. RESOLUTION TO CONTINUE IN FORCE. Except as herein expressly provided, the Resolution and all the terms and provisions thereof are and shall remain in full force and effect. 16 SECTION 20. EFFECTIVE DATE. This Supplemental Resolution shall become effective immediately upon its adoption. DULY ADOPTED, in Regular Session this 1 lth day of February, 2003. (SEAL) BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Chairman 17 EXHIBIT A FORM OF PURCHASE CONTRACT $ COLLIER COUNTY, FLORIDA Gas Tax Revenue Bonds, Series 2003 PURCHASE CONTRACT 20__ Board of County Commissioners of Collier County, Florida 3301 Tamiami Trail East Naples, Florida 33941-3044 Ladies and Gentlemen: The undersigned, Morgan Stanley & Co. Incorporated (the "Senior Managing Underwriter"), on behalf of itself, A.G. Edwards & Sons, Inc. and Raymond James & Associates, Inc. (collectively, the "Underwriters"), offers to enter into this Purchase Contract with the Board of County Commissioners of Collier County, Florida (the "Issuer" or the "County"), subject to written acceptance hereof by the Issuer at or before 5:00 p.m., New York time, on the date hereof, and, if not so accepted, will be subject to withdrawal by the Senior Managing Underwriter upon notice delivered to the Issuer at any time prior to the acceptance hereof by the Issuer. All capitalized undefined terms in this Purchase Contract shall have the meaning ascribed to them in the hereinafter defined Resolution. 1. Purchase and Sale. Upon the terms and conditions and in reliance on the representations, warranties, covenants and agreements set forth herein, the Underwriters, jointly and severally, hereby agree to purchase from the Issuer, and the Issuer hereby agrees to sell and deliver to the Underwriters, all (but not less than all) of the $_ aggregate principal amount of the Collier County, Florida Gas Tax Revenue Bonds, Series 2003 (the "Series 2003 Bonds"). The Series 2003 Bonds shall be dated as of the date of their delivery, and shall be payable in the years and principal amounts, bear such rates of interest and be subject to redemption, all as set forth in Exhibit A attached hereto. Interest on the Series 2003 Bonds is payable semi-annually on June I and December I of each year commencing June 1, 2003. The purchase price for the Series 2003 Bonds shall be $ (representing the par amount of the Series 2003 Bonds of $ , less an original issue discount of $ , plus an original issue premium of $ and less an Underwriters' discount of $ ). The disclosure statement required by Section 218.385, Florida Statutes, is attached hereto as Exhibit B. Pursuant to Resolution No. 03- adopted by the Board of County Commissioners of the County (the "Board") on , 2003, as amended and supplemented from time to time, and as particularly supplemented by Resolution No. 03- adopted by the Board of County Commissioners of the County on , 2003 (collectively, the "Resolution"), the Series 2003 Bonds are payable from and secured by a lien upon the proceeds of the Gas Tax Revenues, and distributed to the County under the Act and certain other amounts as described in the Resolution (collectively, the "Pledged Funds"). Subject to the satisfaction of certain requirements in the Resolution, the County may release the lien on one or more cents of the Gas Tax Revenues. Additionally, payment of the principal of and interest on the Series 2003 Bonds, when due, will be insured by a municipal bond insurance policy issued by (the "Insurer") simultaneously with the delivery of the Series 2003 Bonds, and the Insurer will issue a Reserve Account Insurance Policy to be deposited in the [Reserve Account - separate subaccount?]. The Series 2003 Bonds are being issued for the purpose of providing funds, together with other legally available funds of the County, to (i) finance the costs of acquisition, construction, and reconstruction of roads and bridges and other transportation improvements within the County as more specifically described in the plans and specifications on file or to be on file with the County, with such changes, deletions, additions or modifications to the enumerated improvements, equipment and facilities, or such other improvements, as approved by the Board of County Commissioners of the County in accordance with the Act (collectively, the "Initial Project"), and (ii) refund, on a current basis, all of the County's outstanding Road Improvement Revenue Bonds, Series 1995 (the "Prior Bonds""), as further described herein, and (iii) pay certain costs of issuance of the Series 2003 Bonds, including the municipal bond insurance premium and the Reserve Account Insurance Policy premium. 2. Delivery of Official Statement and Other Documents. (a) Prior to the date hereof, the Issuer has provided to the Underwriters for their review the Preliminary Official Statement dated , 2003 that the Issuer deemed "final" (as defined in Rule 15c2-12 of the Securities and Exchange Commission ("Rule 15c2-12" or the "Rule") as of its date (the "Preliminary Official Statement"), except for certain permitted omissions (the "Permitted Omissions"), as contemplated by the Rule in connection with the pricing of the Series 2003 Bonds. The Underwriters have reviewed the Preliminary Official Statement prior to the execution of this PurchaseC ontract. The Issuer hereby confirms that the Preliminary Official Statement was "final" (as defined in the Rule) as of its date, except for the Permitted Omissions. (b) The Issuer shall deliver, or cause to be delivered, at its expense, to the Underwriters within seven (7) business days after the date hereof orw ithin such shorter period as may be requested by the Underwriters, and at least three (3) business days prior to the date the Series 2003 Bonds are delivered to the Underwriters, or within such other period as may be prescribed by the Municipal Securities Rulemaking Board ("MSRB") in order to accompany any confirmation that requests payment from any customer (i) sufficient copies of the final Official Statement (the "Official Statement") to enable the Underwriters to fulfill their obligations pursuant to the securities laws of Florida and the United States, in form and substance satisfactory to the Underwriters, and (ii) an executed original counterpart or certified copy of the Official Statement and the Resolution. In determining whether the number of copies to be delivered by the Issuer are reasonably necessary, at a minimum, the number shall be sufficient to enable the Underwriters to comply with the requirements of Rule 15c2-12, all applicable rules of the MSRB, and to fulfill its duties and responsibilities under Florida and federal securities laws generally. The Underwriters agree to file the Official Statement with at least one Nationally Recognized Municipal Securities Information Repository ("NRMSIR") which has been so designated by the Securities and Exchange Commission pursuant to Rule 15c2-12 and with the MSRB (accompanied by a completed Form G-36) not later than two (2) business days after , 2003 (the "Closing"), and will furnish a list of the names and addresses of each such NRMSIR receiving a copy to the Issuer. The filing of the Official Statement with each such NRMSIR shall be in accordance with the terms and conditions applicable to such NRMSIR. The Issuer authorizes, or ratifies as the case may be, the use and distribution of the Preliminary Official Statement and the Official Statement in connection with the public offering and sale of the Series 2003 Bonds. The Underwriters agree that they will not confirm the sale of any Series 2003 Bonds unless the confirmation of sale requesting payment is accompanied or preceded by the delivery of a copy of the Official Statement. The Senior Managing Underwriter shall notify the Issuer of the occurrence of the "end of the underwriting period," as such term is defined in the Rule, on the date which is one day thereafter, and of the passage of the date after which the Underwriters no longer remain obligated to deliver Official Statements pursuant to paragraph (b)(4) of the Rule on the date which is one day thereafter. (c) From the date hereof until the earlier of (i) ninety days from the "end of the underwriting period" (as defined in the Rule), or (ii) the time when the Official Statement is available to any person from a NRMSIR (but in no case less than 25 days following the end of the underwriting period), if any event occurs which may make it necessary to amend or supplement the Official Statement in order to make the statements therein, in the light of the circumstances under which they were made, not misleading, the Issuer shall notify the Senior Managing Underwriter and if, in the reasonable opinion of the Issuer or the reasonable opinion of the Senior Managing Underwriter, such event requires the preparation and publication of an amendment or supplement to the Official Statement, the Issuer, at its expense, promptly will prepare an appropriate amendment or supplement thereto (and file or cause to be filed, the same with each NRMSIR having the Official Statement on file, with the MSRB if the MSRB is requiring or permitting the filing of continuing disclosure information, and mail such amendment or supplement to each record owner of Series 2003 Bonds) so that the statements in the Official Statement as so amended or supplemented will not, in light of the circumstances under which they were made, be misleading, in a form and in a manner reasonably approved by the Senior Managing Underwriter. The Issuer will promptly notify the Senior Managing Underwriter of the occurrence of any event ofw hich it has knowledge, which, in its opinion, is an event described in the preceding sentence. The amendments or supplements that may be authorized for use with respect to the Series 2003 Bonds are hereinafter included within the term "Official Statement." 3. Authority of the Senior Managing Underwriter. The Senior Managing Underwriter has been duly authorized to execute this Purchase Contract and has been duly authorized to act hereunder by and on behalf of the other Underwriters. 4. Public Offering. The Underwriters agree to make a bona fide offering to the public (excluding bond houses, brokers or similar persons or organizations acting in the capacity of underwriters or wholesalers) of all of the Series 2003 Bonds at not in excess of the initial public offering price or prices (or not below the yields) set forth on the cover page of the Official Statement. If such public offering does not result in the sale of all the Series 2003 Bonds, the Underwriters may offer and sell the Series 2003 Bonds to certain bond houses, brokers, or similar persons or organizations acting in the capacity of underwriters or wholesalers at prices lower than the public offering prices set forth on the cover page of the Official Statement. The Senior Managing Underwriter does hereby certify that at the time of the execution of this Purchase Contract, based upon prevailing market conditions, it does not have any reason to believe that any of the Series 2003 Bonds will be initially sold to the public (excluding such bond houses, brokers, or similar persons or organizations acting in the capacity of underwriters or wholesalers) at prices in excess of the prices, or yields below the yields, set forth on the cover page of the Official Statement. At the Closing, the Senior Managing Underwriter shall deliver to the Issuer a certificate, on behalf of the Underwriters, in a form reasonably acceptable to Bond Counsel, to the effect that (i) all of the Series 2003 Bonds have been the subject of an initial offering to the public as herein provided, and (ii) not less than 10% of each maturity of the Series 2003 Bonds were sold to the public (excluding bond houses, brokers or similar persons or organizations acting in the capacity of underwriters or wholesalers) at initial offering prices not greater than the respective prices, or yields not below the respective yields, shown on the cover page of the Official Statement, and as to such other matters required in order to enable Bond Counsel to render its opinion as to the exclusion from gross income for federal income tax purposes of interest on the Series 2003 Bonds. The Issuer hereby authorizes the Underwriters to use the forms or copies of the Resolution and the Official Statement and the information contained therein in connection with the public offering and sale of the Series 2003 Bonds and ratifies and confirms its authorization of the distribution and use by the Underwriters prior to the date hereof of the Preliminary Official Statement in connection with such public offering and sale. 5. Security Deposit. The Senior Managing Underwriter has delivered herewith to the Issuer a check for $ ( Dollars) (which sum represents not less than 1% of the purchase price of the Series 2003 Bonds) payable to the order of the Issuer. In the event that the Issuer does not accept this offer, such check shall be immediately returned to the Senior Managing Underwriter. If the offer made hereby is accepted, the Issuer agrees to hold this check uncashed until the Closing as security for the performance by the Underwriters of their obligation to accept and pay for the Series 2003 Bonds at the Closing, and, in the event of their compliance with such obligation, such check shall be returned to the Senior Managing Underwriter at the Closing. In the event of the Issuer's failure to deliver the Series 2003 Bonds at the Closing, or if the Issuer shall be unable to satisfy the conditions of Closing contained herein, or if the obligations of the Underwriters shall be terminated for any reason permitted by this Purchase Contract (other than resulting from a failure to deliver the certificate required by Paragraph 4 hereof), such check shall be immediately returned to the Senior Managing Underwriter and such return shall constitute a full release and discharge of all claims by the Underwriters arising out of the transactions contemplated hereby. In the event that the Underwriters fail (other than for a reason permitted hereunder) to accept and pay for the Series 2003 Bonds at the Closing (as hereinafter defined), or if this Purchase Contract is terminated because of the failure of the Underwriters to deliver the certificate required by Paragraph 4 hereof, such check shall be retained by the Issuer as and for full liquidated damages for such failure and for any defaults hereunder on the part of the Underwriters and such retention shall constitute a full release and discharge of all claims by the Issuer against the Underwriters arising out of the transactions contemplated hereby. 6. Issuer Representations, Warranties, Covenants and Agreements. The Issuer represents and warrants to and covenants and agrees with each of the Underwriters that, as of the date hereof and as of the date of the Closing: (a) The Issuer is a political subdivision of the State of Florida (the "State"), duly organized and validly existing pursuant to the Constitution and laws of the State and is authorized and empowered by law to issue, sell and deliver the Series 2003 Bonds to the Underwriters as described herein; to provide funds to (i) finance the costs of acquisition, construction, and reconstruction of the Initial Project, and (ii) pay certain costs of issuance of the Series 2003 Bonds, including the municipal bond insurance premium and the Reserve Account Insurance Policy premium; to accept this Purchase Contract; to adopt the Resolution; to enact the Ordinance; to execute the Interlocal Agreements; to execute the Continuing Disclosure Certificate dated as of , 2003 by the Issuer (the Cont~nmng Disclosure Certificate"), the Guaranty Agreement dated ,2003 (or such other date as determined by the Issuer) between the Issuer and the Insurer (the "Reserve Account Insurance Policy Agreement"), the Escrow Deposit Agreement dated , 2003 (or such other date as determined by the Issuer) between the Issuer and , as Escrow Agent thereunder (the "Escrow Agreement") and the Official Statement; and to carry out and consummate all other transactions contemplated by 4 the Official Statement and by each of the aforesaid documents, agreements, resolutions and ordinances. (b) By official action of the Issuer taken prior to or concurrently with the acceptance hereof, the Issuer has duly adopted the Resolution, duly enacted the Ordinance, the Resolution and the Ordinance are in full force and effect and have not been amended, modified or rescinded; the Issuer has duly authorized and approved the execution and delivery of, and the performance by the Issuer of its obligations contained in the Series 2003 Bonds, the Interlocal Agreements, the Continuing Disclosure Certificate, the Escrow Agreement, the Reserve Account Insurance Policy Agreement and this Purchase Contract; and the Issuer has duly authorized and approved the performance by the Issuer of its obligations contained in the Resolution, the Ordinance, the Interlocal Agreements, the Escrow Agreement, the Reserve Account Insurance Policy Agreement and the Continuing Disclosure Certificate, and the consummation by it of all other transactions contemplated by the Resolution, the Official Statement, the Continuing Disclosure Certificate, the Escrow Agreement, the Reserve Account Insurance Policy Agreement, and this Purchase Contract to have been performed or consummated at or prior to the date of Closing, and the Issuer is in compliance with the provisions of the Resolution. (c) When delivered to and paid by the Underwriters in accordance with the terms of this Purchase Contract and the Resolution, the Series 2003 Bonds will have been duly and validly authorized, executed, issued and delivered and will constitute legal, valid and binding limited obligations of the Issuer enforceable in accordance with their terms, subject to applicable bankruptcy, insolvency or other laws affecting creditors' rights and remedies and to general principles of equity, and will be entitled to the benefits of the Resolution. (d) The Issuer is not in breach of or default under any applicable constitutional provision, law or administrative regulation of the State of Florida or the United States, or any agencyo r department of either, or any applicable judgment or decree or any loan agreement, indenture, bond, note, resolution, agreement or other instrument to which the Issuer is a party or to which the Issuer or any of its properties or other assets is otherwise subject, and no event has occurred and is continuing which, with the passage of time or the giving of notice, or both, would constitute a default or event of default under any such instrument, in any such case to the extent that the same would have a material and adverse effect upon the business or properties or financial condition of the Issuer; and the execution and delivery of the Series 2003 Bonds, the Continuing Disclosure Certificate, the Interlocal Agreements, the Escrow Agreement, the Reserve Account Insurance Policy Agreement and this Purchase Contract and the adoption of the Resolution, the enactment of the Ordinance, and compliance with the provisions on the County's part contained in each, will not conflict with or constitute a breach of or default under any constitutional provision, law, administrative regulation, judgment, decree, loan agreement, indenture, bond, note, resolution, agreement or other instrument to which the Issuer is a party or to which the County or anyo f its properties or other assets is otherwise subject, nor will any such execution, delivery, adoption or compliance result in the creation or imposition of any lien, charge or other security interest or encumbrance of any nature whatsoever upon any of the properties or the assets of the Issuer under the terms of any such law, regulation or instrument, except as provided or permitted by the Series 2003 Bonds and the Resolution. (e) The Issuer neither is nor has been in default any time after December 31, 1975, as to principal or interest with respect to an obligation issued by the Issuer, except for certain industrial development bonds, if any, the disclosure of which the Issuer believes in lOg good faith would not be material to a reasonable investor in connection with the Series 2003 Bonds, as provided in Section 517.051, Florida Statutes. (f) All approvals, consents and orders of any governmental authority, legislative body, board, agency or commission having jurisdiction which would constitute a condition precedent to or the absence of which would materially adversely affect the financial condition of the Issuer or the due performance by the Issuer of its obligations under this Purchase Contract, the Resolution, the Ordinance, the Interlocal Agreements, the Continuing Disclosure Certificate, the Escrow Agreement, the Reserve Account Insurance Policy Agreement and the Series 2003 Bonds have been, or prior to the Closing will have been, duly obtained, except for such approvals, consents and orders as may be required under the Blue Sky or securities laws of any state in connection with the offering and sale of the Series 2003 Bonds or approvals, consents and orders: (i) described in the Official Statement as not having been obtained, or (ii) not of material significance to the Initial Project or the issuance of the Series 2003 Bonds or customarily granted in due course after application therefor and expected to be obtained without material difficulty or delay. (g) The Series 2003 Bonds, when issued, authenticated and delivered in accordance with the Resolution and sold to the Underwriters as provided herein and in accordance with the provisions of the Resolution, will be legal, valid and binding obligations of the Issuer, enforceable in accordance with their terms and the terms of the Resolution, and the Resolution will provide, for the benefit of the holders from time to time of the Series 2003 Bonds, a legally valid and binding security interest in and to the Pledged Funds, subject to the provisions of the Resolution permitting the application thereof for the purposes and on the terms and conditions set forth therein. (h) The Preliminary Official Statement was, as of the date thereof, and the Official Statement, at all times subsequent hereto up to and including the date of the Closing will be, true and correct in all material respects and does not contain any untrue statement of a material fact or omit to state a material fact which is necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. In addition, any amendments or supplements to the Official Statement prepared and furnished by the Issuer pursuant hereto will not contain any untrue statement of a material fact or omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. (i) The County has reviewed the information in the Preliminary Official Statement and in the Official Statement, and although it has undertaken no specific, independent investigation other than reviewing such information and based upon the general knowledge of the Issuer, the Initial Project and the records of the Issuer, no facts have come to the Issuer's attention that would lead the Issuer to believe that the information in the Preliminary Official Statement and in the Official Statement, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. The Series 2003 Bonds, the Resolution, the Ordinance, the Interlocal Agreements, and the Continuing Disclosure Certificate conform in all material respects to the descriptions thereof contained in the Preliminary Official Statement and the Official Statement. (k) Except as contemplated by the Preliminary Official Statement and the Official Statement, since September 30, 2000 the Issuer will not have incurred any material liabilities, direct or contingent, or entered into any material transaction, in each case other than in the ordinary course of its business which has had a material adverse impact on the County, and there shall not have been any material adverse change in the condition, financial or otherwise, of the Issuer or its properties or other assets. (1) Except as disclosed in the Preliminary Official Statement and the Official Statement, there is no action, suit, proceeding, inquiry or investigation, at law or in equity before or by any court, government agency or public board or body, pending or, to the best knowledge of the Issuer, threatened, against or affecting the Issuer or the titles of its officers to their respective offices, or which may affect or which seeks to prohibit, restrain or enjoin the sale, issuance or delivery of the Series 2003 Bonds or the collection of the Pledged Funds pledged to pay the principal of and interest on the Series 2003 Bonds, or which seeks to prohibit, restrain or enjoin the acquisition, equipping and/or improvement of the Initial Project, or which in any way contests or affects the validity or enforceability of the Series 2003 Bonds, the Resolution, the Ordinance, the Interlocal Agreements, this Purchase Contract, the Escrow Agreement, the Reserve Account Insurance Policy Agreement and the Continuing Disclosure Certificate, or any of them, or which seeks to prohibit, restrain, or enjoin the acquisition, equipping and/or improvement of the Initial Project, or which may result in any material adverse change in the business, properties, other assets or financial condition of the Issuer or contests the tax-exempt status of the interest on the Series 2003 Bonds as described in the Preliminary Official Statement and the Official Statement, or which contests in any way the completeness or accuracy of the Preliminary Official Statement or the Official Statement or which contests the power of the Issuer or any authority or proceedings for the issuance, sale or delivery of the Series 2003 Bonds or this Purchase Contract, nor, to the best knowledge of the Issuer, is there any basis therefor, wherein an unfavorable decision, ruling or finding would materially adversely affect the validity or enforceability of the Series 2003 Bonds, the Resolution, the Ordinance, the Interlocal Agreements, the Continuing Disclosure Certificate, the Escrow Agreement, the Reserve Account Insurance Policy Agreement or this Purchase Contract. (m) The Issuer will furnish such information, execute such instruments and take such other action not inconsistent with law in cooperation with the Underwriters as the Underwriters may reasonably request in order (i) to qualify the Series 2003 Bonds for offer and sale under the Blue Sky or other securities laws and regulations of such states and other jurisdictions of the United States as the Underwriters may designate, and/or (ii) to determine the eligibility of the Series 2003 Bonds for investment under the laws of such states and other jurisdictions, and will use its best efforts to continue such qualifications in effect so long as required for the distribution of the Series 2003 Bonds; provided that the Issuer shall not be obligated to take any action that would subject it to the general service of process in any state where it is not now so subject and any expense related to the foregoing shall be borne by the Underwriters. (n) The Issuer will advise the Underwriters promptly of any proposal to amend or supplement the Official Statement and will not effect any such amendment or supplement without the consent of the Underwriters. The Issuer will advise the Underwriters promptly of the institution of any proceedings known to it by any governmental agency prohibiting or otherwise affecting the use of the Preliminary Official Statement or the Official Statement in connection with the offering, sale or distribution of the Series 2003 Bonds. (o) The Issuer has never been notified of any listing or proposed listing by the Internal Revenue Service to the effect that it is a bond issuer whose arbitrage certifications may not be relied upon. (p) Other than as disclosed in the Official Statement and the Preliminary Official Statement, the Issuer has never failed to comply with any agreement to provide continuing disclosure information pursuant to the Rule. (q) Relating to outstanding debt of the Issuer, there is not an unfunded materially significant arbitrage rebate liability of the Issuer owing the Internal Revenue Service. (r) The County has the authority to acquire, improve, equip, construct, reconstruct, own and operate the Initial Project. (s) Except as disclosed in the Preliminary Official Statement, the County has never failed to take all action required to be taken by it pursuant to the Act in order to remain eligible to receive the Gas Tax Revenues. 7. The Closing. At 9:00 a.m., New York time, on the date of Closing, or at such other time or date to which the Issuer and the Underwriters may mutually agree, the Issuer will, subject to the terms and conditions hereof, deliver the Series 2003 Bonds in book-entry form to the account of the Underwriters, at the offices of The Depository Trust Company ("DTC") in New York, New York, or such other location as determined by the Underwriters and agreed to by the Issuer, duly executed, together with the other documents hereinafter mentioned, and, subject to the terms and conditions hereof, the Underwriters will accept such delivery and pay the aggregate purchase price of the Series 2003 Bonds as set forth in Paragraph I hereof in Federal Funds to the Issuer. The Issuer shall cause CUSIP identification numbers to be printed on the Series 2003 Bonds, but neither the failure to print such number on any Series 2003 Bond nor any error with respect thereto shall constitute cause for a failure or refusal by the Underwriters to accept delivery of and pay for the Series 2003 Bonds in accordance with the terms of this Purchase Contract. The Closing shall occur at the offices of Nabors, Giblin & Nickerson, Tampa, Florida, or such other place to which the Issuer and the Underwriters shall have mutually agreed. The Series 2003 Bonds shall be made available to the Underwriters no less than 24 hours before the Closing for purposes of inspecting and packaging. The Series 2003 Bonds shall be prepared and delivered as fully registered Series 2003 Bonds registered in such names and denominations as the Underwriters shall so designate to the Issuer and the printer of the Series 2003 Bonds not less than one day prior to the Closing. 8. Closing Conditions. The Underwriters have entered into this Purchase Contract in reliance upon the representations, warranties, covenants and agreements of the Issuer contained herein and in reliance upon the representations, warranties, covenants and agreements to be contained in the documents and instruments to be delivered at the Closing and upon the performance by the Issuer of its obligations hereunder, both as of the date hereof and as of the date of the Closing. Accordingly, the Underwriters' obligations under this Purchase Contract to purchase, to accept delivery of and to pay for the Series 2003 Bonds shall be conditioned upon the performance by the Issuer of its obligations to be performed hereunder, and under such documents and instruments at or prior to the Closing, and shall also be subject to the following additional conditions: (a) The representations, warranties, covenants and agreements of the Issuer contained herein shall be true, complete and correct on the date hereof and on and as of the date of the Closing, as if made on the date of the Closing; (b) At the time of Closing, the Resolution, the Ordinance, the Interlocal Agreements, the Escrow Agreement, the Reserve Account Insurance Policy Agreement and the Continuing Disclosure Certificate shall be in full force and effect and shall not have been amended, modified or supplemented since the date hereof, and the Official Statement as delivered to the Underwriters on the date hereof shall not have been supplemented or amended, except in any such case as may have been approved by the Underwriters; (c) At the time of the Closing, all official action of the Issuer relating to this Purchase Contract, the Series 2003 Bonds, the Resolution, the Ordinance, the Interlocal Agreements, the Escrow Agreement, the Reserve Account Insurance Policy Agreement and the Continuing Disclosure Certificate taken as of the date hereof shall be in full force and effect and shall not have been amended, modified or supplemented, except for amendments, modifications or supplements which have been approved by the Underwriters prior to the Closing; (d) At the time of the Closing, except as contemplated by the Official Statement, there shall have been no material adverse change in the financial condition of the Issuer; (e) At or prior to the Closing, the Underwriters shall have received copies of each of the following documents: (1) An opinion of Nabors, Giblin & Nickerson, P.A., Tampa, Florida, dated the date of the Closing and addressed to the Issuer, in substantially the form attached as Appendix F to the Official Statement, relating to the exclusion of the interest on the Series 2003 Bonds from the gross income of the holders thereof for purposes of Federal income taxation and such other matters as the Underwriters may reasonably request, a reliance letter pertaining thereto addressed to the Underwriters, and an opinion of Nabors, Giblin & Nickerson, P.A., Tampa, Florida, dated the date of the Closing and addressed to the Issuer and the Underwriters, to the effect that the Prior Bonds have been deemed paid and are no longer outstanding for purposes of the resolution which authorized their issuance; (2) An opinion of Nabors, Giblin & Nickerson, P.A., Tampa, Florida, dated the date of the Closing and addressed to the Underwriters, in such form as is mutually and reasonably acceptable to the Issuer, the Underwriters and Bond Counsel, (i) to the effect that the statements contained in the Official Statement under the captions "INTRODUCTION," (other than the information under the subheadings "General," "The County," "Purpose of the Series 2003 Bonds," "Bond Insurance Policy," "Continuing Disclosure," and "Additional Information"), "AUTHORITY FOR ISSUANCE," "PLAN OF REFUNDING," "THE INITIAL PROJECT," "DESCRIPTION OF THE SERIES 2003 BONDS" (other than the information thereunder relating to DTC and its system of book-entry registration), "SECURITY FOR THE BONDS," "GAS TAX REVENUES," and "TAX EXEMPTION," insofar as such information purports to summarize portions of the Resolution, the Ordinance, the Interlocal Agreements, the Series 2003 Bonds, Federal tax law, and the Act constitute a fair summary of the information purported to be summarized therein (all such opinions referred to in this clause (i) exclude financial, statistical and demographic information contained in such Official Statement), (ii) to the effect that the Series 2003 Bonds are exempt from the registration requirements of the Securities Act of 1933, as amended, and (iii) to the effect that the Resolution is exempt from qualification under the Trust Indenture Act of 1939, as amended. (3) An opinion, dated the date of the Closing and addressed to the Issuer, the Underwriters, Bond Counsel and Disclosure Counsel of David C. Weigel, Esq., County Attorney, in substantially the form attached hereto as Exhibit C.; 9 (4) An opinion, dated the date of the Closing and addressed to the Issuer and the Underwriters, of counsel for the Insurer and/or a certificate of the Insurer, in such form as is mutually and reasonably acceptable to the Issuer and the Underwriters; (5) An opinion, dated the date of the Closing and addressed to the Issuer, of Bryant, Miller and Olive, P.A., Tampa, Florida, Disclosure Counsel, in form and substance satisfactory to the Issuer, and a reliance letter pertaining thereto addressed to the Underwriters; (6) A certificate dated the date of Closing and signed by the Chairman or Vice Chairman of the Issuer, or such other official satisfactory to the Underwriters, and in form and substance satisfactory to the Underwriters, to the effect that (A) the representations, warranties and covenants of the Issuer contained herein are true and correct to the best of his knowledge and belief in all material respects and are complied with as of the date of Closing, and (B) the Chairman or Vice Chairman has no knowledge or reason to believe that the Official Statement as of its date, and as of the date of Closing, other than the information concerning the Insurer and DTC, as to factual matters, contains any untrue statement of a material fact or omits to state a material fact which should be included therein for the purposes for which the Official Statement is to be used, or which is necessary in order to make the statements contained therein, in light of the circumstances in which they were made, not misleading, and (C) the Issuer has always maintained eligibility under applicable law to receive the Gas Tax Revenues (as that term is defined in the Resolution). (7) Certified copies of the Resolution and the Ordinance. (8) Executed copies of the Interlocal Agreements, the Continuing Disclosure Certificate, the Escrow Agreement, this Purchase Contract and the Reserve Account Insurance Policy Agreement; (9) A true and correct copy of the Insurer's municipal bond insurance policy insuring payment of the Series 2003 Bonds and the Reserve Account Insurance Policy; (10) Evidence of a rating from Fitch Ratings ("Fitch") of "AAA," Moody's Investors Service ("Moody's") of "AAA" and Standard & Poor's, Inc. ("S&P") of "Aaa" on the Series 2003 Bonds based on the municipal bond insurance policy to be issued by the Insurer, and evidence of published underlying ratings by" ," ". ." and .... of Fitch, Moody's and S&P, respectively, to the Series 2003 Bonds Without regard to the issuance of such a municipal bond insurance policy; (11) A certificate of KPMG LLP (the "Auditor"), consenting to the inclusion of the audited financial statements of the County in the Official Statement and covering such other matters as may be reasonably requested by the Issuer and the Underwriters; (12) A certificate of an authorized representative of (the "Bank"), as Registrar, Paying Agent and Escrow Agent, in a form acceptable to the Issuer and the Underwriters; (13) Certificates of the Canvassing Board of Collier County, Florida, regarding the results of any and all referenda relating to the Gas Taxes; 10 (14) the verification report regarding the defeasance of the Prior Bonds of ; and (15) Such additional legal opinions, certificates, instruments and other documents as the Underwriters may reasonably request. A11 of the evidence, opinions, letters, certificates, instruments and other documents mentioned above or elsewhere in this Purchase Contract shall be deemed to be in compliance with the provisions hereof if, but only if, they are in form and substance satisfactory to the Underwriters with such exceptions and modifications as shall be approved by the Senior Managing Underwriter and as shall not in the opinion of the Senior Managing Underwriter materially impair the investment quality of the Series 2003 Bonds. If the Issuer shall be unable to satisfy the conditions to the obligations of the Underwriters to purchase, to accept delivery of and to pay for the Series 2003 Bonds contained in this Purchase Contract, or if the obligations of the Underwriters to purchase, to accept delivery of and to pay for the Series 2003 Bonds shall be terminated for any reason permitted by this Purchase Contract, this Purchase Contract shall terminate and neither the Underwriters nor the Issuer shall be under any further obligation hereunder, except that the Issuer shall return the good faith check referred to in Paragraph 5 and the respective obligations of the Issuer and the Underwriters set forth in Paragraph 10 hereof shall continue in full force and effect. 9. Termination. The liability therefor, by notification to Contract at or prior to the Closing: Underwriters may terminate this Purchase Contract, without the Issuer, if at any time subsequent to the date of this Purchase (a) Legislation shall be enacted by the Congress of the United States, or a bill introduced (by amendment or otherwise) or favorably reported or passed by either the House of Representatives or the Senate of the Congress of the United States or any committee of the House or Senate, or a conference committee of such House and Senate makes a report (or takes any other action), or a decision by a court of the United States or the Tax Court of the United States shall be rendered, or a ruling, regulation or fiscal action shall be issued or proposed by or on behalf of the Treasury Department of the United States, the Internal Revenue Service or other governmental agency with respect to or having the purpose or effect of changing directly or indirectly the federal income tax consequences of interest on the Series 2003 Bonds in the hands of the holders thereof (including imposition of a not previously existing minimum federal tax which includes tax-exempt interest in the calculation of such tax), which materially adversely affects the market price or the marketability of the Series 2003 Bonds. (b) Any legislation, rule or regulation shall be introduced in, or be enacted by any department or agency in the State, or a decision by any court of competent jurisdiction within the State shall be rendered which materially adversely affects the market for the Series 2003 Bonds or the sale, at the contemplated offering prices, by the Underwriters of the Series 2003 Bonds to be purchased by them. (c) Any amendment to the Official Statement is proposed by the Issuer or deemed necessary by Bond Counsel or Disclosure Counsel or the Underwriters pursuant to Section 2(c) hereof which materially adversely affects the market for the Series 2003 Bonds or the sale, at the contemplated offering prices, by the Underwriters of the Series 2003 Bonds to be purchased by them. 11 (d) Any fact shall exist or any event shall have occurred which makes the Preliminary Official Statement, in the form as originally approved by the Board of County Commissioners of the County, contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading. (e) There shall have occurred any outbreak or escalation of hostilities or any national or international calamity or crisis, financial or otherwise, including a general suspension of trading on any national securities exchange which (i) materially adversely affects the market for the Series 2003 Bonds or the sale of the Series 2003 Bonds, at the contemplated offering prices, by the Underwriters or (ii) causes a material disruption in the municipal bond market and as, in the judgment of the Underwriters, would make it impracticable for them to market the Series 2003 Bonds or to enforce contracts for the sale of the Series 2003 Bonds. (f) Legislation shall be enacted or any action shall be taken by, or on behalf of, the Securities and Exchange Commission which has the effect of requiring the contemplated distribution of the Series 2003 Bonds to be registered under the Securities Act of 1933, or any laws analogous thereto relating to governmental bodies, and compliance therewith cannot be accomplished prior to the Closing. (g) A general banking moratorium shall have been declared by the United States, New York or Florida authorities which materially adversely affects the market for the Series 2003 Bonds or the sale, at the contemplated offering prices, by the Underwriters of the Series 2003 Bonds to be purchased by them. (h) Any national securities exchange, or any governmental authority, shall impose, as to the Series 2003 Bonds or obligations of the general character of the Series 2003 Bonds, any material restrictions not now in force, or increase materially those now in force, with respect to the extension of credit by, or the charge to the net capital requirements of, the Underwriters. (i) Any rating of the Series 2003 Bonds shall have been downgraded or withdrawn by a national rating service, which materially adversely affects the market for the Series 2003 Bonds or the sale, at the contemplated offering prices, by the Underwriters of the Series 2003 Bonds to be purchased by them; or any proceeding shall be pending or threatened by the Securities and Exchange Commission against the Issuer. (j) The Insurer shall inform the Issuer or the Underwriters that it will not ensure payment of the principal Of or interest on the Series 2003 Bonds as described in the Official Statement or that it will not deliver the Reserve Account Insurance Policy. 10. Expenses. The Underwriters shall be under no obligation to pay, and the Issuer shall pay, any expenses incident to the performance of the obligations of the Issuer hereunder including, but not limited to: (a) the cost of preparation, printing or other reproduction of the Resolution; (b) the cost of preparation and printing of the Series 2003 Bonds; (c) the fees and disbursements of Bond Counsel and DisclosureCo unsel; (d) the fees and disbursements of the financial advisor to the Issuer; (e) the fees and disbursements of any experts, consultants or advisors retained by the Issuer, including fees of the auditor, the verification agent, and the Paying Agent and Registrar; (f) fees for bond ratings; (g) the premium for municipal bond insurance and the reserve account insurance policy; (h) the costs of preparing, printing and delivering a reasonable number of copies of the Preliminary Official Statement and the Official Statement and any supplements or amendments to either of them, (i) the cost of preparing, printing and delivery of any agreements among the 12 Underwriters; (j) the cost of preparing, printing and delivery of this Purchase Contract; and (k) the cost of all "blue sky" memoranda and related filing fees. The Underwriters shallp ay: (a) allad vertising expenses; and (b) all other expenses incurred by them or any of them in connection with the public offering of the Series 2003 Bonds, including the fees and disbursements of counsel retained by them, but not including the costs identified in (i) of the immediately preceding paragraph. In the event that either party shall have paid obligations of the other as set forth in this Section 10, adjustment shall be made at the time of the Closing. 11. Notices. Any notice or other communication to be given to the Issuer under this Purchase Contract may be given by delivering the same in writing at its address set forth above, and any notice or other communication to be given to the Underwriters may be given by delivering the same in writing to Morgan Stanley & Co. Incorporated, 200 South Orange Avenue, Suite 1440, Orlando, Florida 32801, Attention: Executive Director. 12. Parties in Interest. This Purchase Contract is made solely for the benefit of the Issuer and the Underwriters and no other party or person shall acquire or have any right hereunder or by virtue hereof. All representations, warranties, covenants and agreements in this Purchase Contract shall remain operative and in full force and effect, regardless of: (i) any investigations made by or on behalf of a ny of the Underwriters; (ii) the delivery of the Series 2003 Bonds pursuant to this Purchase Contract; or (iii) any termination of this Purchase Contract but only to the extent provided by the last part of Section 8 hereof. 13. Waiver. Notwithstanding any provision herein to the contrary, the performance of any and all obligations of the Issuer hereunder and the performance of any and all conditions contained herein for the benefit of the Underwriters may be waived by the Senior Managing Underwriter, in its sole discretion, and the approval of the Senior Managing Underwriter when required hereunder or the determination of their satisfaction as to any document referred to herein shall be in writing, signed by appropriate officer or officers of the Senior Managing Underwriter and delivered to the Issuer. [Remainder of page intentionally left blank] 13 14. Effectiveness. This Purchase Contract shall become effective upon the execution of the acceptance hereof by the Chairman or Vice Chairman of the Board of County Commissioners and shall be valid and enforceable at the time of such acceptance. 15. Counterparts. This Purchase Contract may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute one and the same document. 16. Headings. The headings of the sections of this Purchase Contract are inserted for convenience only and shall not be deemed to be a part hereof. 17. Florida Law Governs. The validity, interpretation and performance of this Purchase Contract shall be governed by the laws of the State of Florida. Very truly yours, MORGAN STANLEY & CO. INCORPORATED By: Name: Coleman W. Cordell Its: Executive Director Accepted by: COLLIER COUNTY, FLORIDA By: Chairman of the Board of County Commissioner 14 EXHIBIT A AMOUNTS, MATURITIES, INTEREST RATES AND PRICES OR YIELDS $84,495,000* Serial Bonds Amount* $1,485,000 5,87O,O00 6,015,000 6,165,000 6,320,000 6,475,000 6,640,000 6,820,000 Maturity Interest Price or Maturity (June 1)* Rate Yield Amount* (June 1)* 2003 6,080,000 2011 2004 6,275,000 2012 2005 6,495,000 2013 2006 6,725,000 2014 2007 6,980,000 2015 2008 3,015,000 2016 2009 3,135,000 2017 2010 $22,060,000*__% Term Bonds due June 1,2023- Yield Interest Rate Price or Yield *Preliminary, subject to change. Exhibit A- 1 REDEMPTION PROVISIONS Optional Redemption The Series 2003 Bonds maturing on or before June 1, 20__ are not subject to optional redemption prior to maturity. The Series 2003 Bonds maturing on and after June 1, 20__ are subject to redemption at the option of the County in whole or in part, at any time,o n or after June 1, 20__ in such order of maturities as may be determined by the County (less than all of a single maturity to be selected by lot) at a redemption price (expressed as a percentage of principal amount) as set forth in the table below, together with accrued interest to the date set for redemption: Redemption Period (Both Dates Inclusive) Redemption Price June 1, 20__ to May 31, 20__ June 1, 20__ to May 31, 20__ June 1, 20__ and thereafter Mandatory Redemption The Series 2003 Bonds maturing on June 1, 20__, are subject to mandatory sinking fund redemption, prior to maturity in part, by lot on June 1, 20__ and on each June 1 thereafter, at a redemption price equal to the principal amount of such Series 2003 Bonds or portions thereof to be redeemed, plus interest accrued thereon to the date of redemption, on June 1 in the following years and in the following Amortization Installments: Year Amortization Installments 20__ 20__ 20__ 20__ 20__ 20__ 20__* *Maturity Mandatory Redemption [TO COME] Exhibit A-2 EXHIBIT B $ COLLIER COUNTY, FLORIDA Gas Tax Revenue Bonds, Series 2003 DISCLOSURE STATEMENT ,2003 Board of County Commissioners of Collier County, Florida Naples, Florida Ladies and Gentlemen: In connection with the proposed issuance by Collier County, Florida (the "Issuer") of the issue of bonds referred to above (the "Series 2003 Bonds") Morgan Stanley & Co. Incorporated, on behalf of itself and A.G. Edwards & Sons, Inc. (collectively, the "Underwriters"), have agreed to underwrite a public offering of the Series 2003 Bonds. Arrangements for underwriting the Series 2003 Bonds will include a Purchase Contract between the Issuer and the Underwriters. The purpose of this letter is to furnish, pursuant to the provisions of Sections 218.385(2), (3) and (6), Florida Statutes, certain information in respect to the arrangement contemplated for the underwriting of the Series 2003 Bonds as follows: (a) The nature and estimated amount of expenses to be incurred by the Underwriters in connection with the issuance of the Series 2003 Bonds are set forth on Schedule I attached hereto. (b) There are no "finders," as that term is defined in Section 218.386, Florida Statutes, connected with the issuance of the Series 2003 Bonds. (c) The amount of the Underwriter's discount expected to be realized with respect to the Series 2003 Bonds is $ per $1,000 ($ ) which includes $ per $1,000 ($. ) for underwriting risk, $__ per $1,000 ($ ) for average takedown, $__ per $1,000 ( ) for expenses and $.__ per $1,000 ($ ) for management fee. (d) No other fee, bonus or other compensation is estimated to be paid by the Underwriters in connection with the issuance of the Series 2003 Bonds to any person not regularly employed or retained by the Underwriters. (e) The name and address of the Underwriters are set forth below: Morgan Stanley & Co. Incorporated 200 South Orange Avenue, Suite 1440 Orlando, Florida 32801 Exhibit B- 1 A.G. Edwards & Sons, Inc. 1900 Glades Road, Suite 270 Boca Raton, Florida 33431 Raymond James & Associates, Inc. 220 Congress Park Drive, Suite 240 Delray Beach, FL 33445 (f) The Issuer is proposing to issue the Series 2003 Bonds for the purpose of providing funds, together with other legally available funds of the County, to (i) finance the costs of acquisition, construction, and reconstruction of roads and bridges and other transportation improvements within the County, (ii) refund, on a current basis, all of the County's outstanding Road Improvement Revenue Bonds, Series 1995 (the "Prior Bonds""), as further described herein, and (iii) pay certain costs of issuance of the Series 2003 Bonds, including the municipal bond insurance premium and the reserve account insurance policy premium. The Series 2003 Bonds are expected to be repaid over a period of approximately years (from the date of Closing). At an all-inclusive true interest cost rate of __ interest paid over the life of the Series 2003 Bonds will be $. %, total Pursuant to Resolution No. 03-__ adopted by the Board of County Commissioners of the County (the "Board") on , 2003, as amended and supplemented from time to time, and as particularly supplemented by Resolution No. 03-__ adopted by the Board of County Commissioners of the County on ~ 2003 (collectively, the "Resolution"), the Series 2003 Bonds are payable from and secured by a lien upon the proceeds of the Gas Tax Revenues (as such term is defined and described in the Resolution), and distributed to the County under the Act (as defined in the Resolution) and certain other amounts as described in the Resolution (collectively, the "Pledged Funds"). Subject to the satisfaction of certain requirements in the Resolution, the County may release the lien on one or more cents of the Gas Tax Revenues. [Remainder of page intentionally left blank] Exhibit B-2 We understand that the Issuer does not require any further disclosure from Underwriters, pursuant to Sections 218.385(2), (3) and (6), Florida Statutes. Very truly yours, MORGAN STANLEY & CO. INCORPORATED the By: Name: Coleman W. Cordell Its: Executive Director Exhibit B-3 SCHEDULE I ESTIMATED EXPENSES TO BE INCURRED BY UNDERWRITERS Per $1,000 Bond Dollar Amount $ $ Total *Total varies due to rounding Schedule I-1 EXHIBIT C FORM OF OPINION OF COUNTY ATTORNEY .,2003 Board of County Commissioners of Collier County, Florida Naples, Florida Morgan Stanley & Co. Incorporated Orlando, Florida A.G. Edwards & Sons, Inc. Boca Raton, Florida Bryant, Miller and Olive, P.A. Tampa, Florida Raymond James & Associates, Inc. Delray Beach, Florida [Insurer] [TBD] Re; $ Collier County, Florida Gas Tax Revenue Bonds, Series 2003 Dear Sir: This letter shall serve as the opinion of the County Attorney of Collier County, Florida (the "Issuer") pursuant to Section 8(e)(3) of the Purchase Contract, dated ., 20-- (the "Purchase Contract") between the Issuer and Morgan Stanley & Co. Incorporated, on behalfo f itself and A.G. Edwards & Sons, Inc. I have participated in various proceedings in connection with the issuance by the Issuer of $. aggregate principal amount of Collier County, Florida Gas Tax Revenue Bonds, Series 2003 (the "Series 2003 Bonds"). The Series 2003 Bonds are being issued pursuant to Resolution No.03 - adopted by the Board of County Commissioners of the County (the "Board") on , 2003, as amended and supplemented from time to time, and as particularly supplemented by Resolution No. 03- adopted by the Board on ,2003 (collectively, the "Resolution"). All terms not otherwise defined herein shall have the meanings ascribed thereto in the Purchase Contract or the Resolution. I am of the opinion that: 1. The Issuer is a political subdivision of the State of Florida, duly organized and validly existing and has full legal right, power and authority to adopt and perform its obligations under the Exhibit C- 1 Resolution, to enact and perform its obligations under the Ordinance, and to authorize, execute and deliver and to perform its obligations under the Continuing Disclosure Certificate, the Interlocal Agreements, the Escrow Agreement, the Reserve Account Insurance Policy Agreement and the Purchase Contract. 2. The Issuer has duly adopted the Resolution, has duly enacted the Ordinance, and has duly authorized, executed and delivered the Purchase Contract, the Interlocal Agreements, the Escrow Agreement, and the Continuing Disclosure Certificate, and assuming the due authorization, execution and delivery of the Purchase Contract, the Escrow Agreement and the Reserve Account Insurance Policy Agreement by the other parties thereto, such instruments constitute legal, binding and valid obligations of the Issuer, enforceable in accordance with their terms; provided, however, the enforceability thereof may be subject to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights generally and subject, as to enforceability, to general principles of equity and the exercise of judicial discretion. 3. With respect to the informationin the Official Statement and based upon my participation in the preparation of the Official Statement as County Attorney, I have no reason to believe that the Official Statement (except for the financial and statistical data contained therein, and the information relating to the Insurer and DTC, as to which no view need be expressed), as to legal matters, contains any untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they were made, not misleading. 4. The use of the Preliminary Official Statement by the Underwriters for the purpose of offering the Series 2003 Bonds has been duly authorized and ratified by the Issuer. 5. The Official Statement has been duly authorized, executed and delivered by the Issuer, and the Issuer has consented to the use and distribution thereof by the Underwriters. 6. The adoption of the Resolution, the enactment of the Ordinance, and the authorization, execution and delivery of the Continuing Disclosure Certificate, the Interlocal Agreements, the Purchase Contract, the Escrow Agreement, the Reserve Account Insurance Policy Agreement and the Series 2003 Bonds, and compliance with the provisions hereof and thereof, will not conflict with, or constitute a breach of or default under, any law, administrative regulation, consent decree, ordinance, resolution or any agreement or other instrument to which the Issuer is subject nor will such enactment, adoption, execution, delivery, authorization or compliance result in the creation or imposition of any lien, charge or other security interest or encumbrance of any nature whatsoever upon any of the property or assets of the Issuer, or under the terms of any law, administrative regulation, ordinance, resolution or instrument, except as expressly provided by the Resolution. 7. All approvals, consents, authorizations and orders of any governmental authority or agency having jurisdiction in any matter which would constitute a condition precedent to the performance by the Issuer of its obligations hereunder and under the Resolution and the Ordinance have been obtained and are in full force and effect. 8. The Issuer is lawfully empowered to pledge the Pledged Funds to the extent provided in the Resolution. 9. The County has the authority to acquire, improve, equip, construct, reconstruct, own and operate the Initial Project. Exhibit C-2 10. Except as disclosed in the Official Statement, to my knowledge after due inquiry, as of the date hereof, there is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, government agency, public board or body, pending or, to the best of my knowledge, threatened against the Issuer, affecting or seeking to prohibit, restrain or enjoin the sale, issuance or delivery of the Series 2003 Bonds or the acquisition, equipping and/or improvement of the Initial Project or the collection of the Pledged Funds to pay the principal of, premium, if any, and interest on the Series 2003 Bonds, or contesting or affecting as to the Issuer the validity or enforceability of the Act in any respect relating to authorization for the issuance of the Series 2003 Bonds, the Resolution, the Ordinance, the Interlocal Agreements, the Continuing Disclosure Certificate, the Escrow Agreement, the Reserve Account Insurance Policy Agreement or the Purchase Contract, or contesting the tax-exempt status of interest on the Series 2003 Bonds, or contesting the completeness or accuracy of the Official Statement or any supplements or amendments thereto, or contesting the powers of the Issuer or any authority for the issuance of the Series 2003 Bonds, the adoption of the Resolution, the enactment of the Ordinance, or the execution and delivery by the Issuer of the Purchase Contract, the Interlocal Agreements, the Escrow Agreement, the Reserve Account Insurance Policy Agreement or the Continuing Disclosure Certificate; notwithstanding the foregoing, I am not expressing any opinion on the applicability of the any approvals, consents and orders as may be required under the Blue Sky or securities laws or legal investment laws of any state in connection with the offering and sale of the Series 2003 Bonds or on connection with the registration of the Series 2003 Bonds under the Federal securities laws. Respectfully submitted, David C. Weigel, Esq. County Attorney J:\BondsX439901\Pc3.doc January 28, 2003 Exhibit C-3 EXHIBIT B FORM OF PRELIMINARY OFFICIAL STATEMENT Electronic Distribution of the Preliminary Official Statement Disclaimer Language $106,555,000' COLLIER COUNTY, FLORIDA Gas Tax Revenue Bonds, Series 2003 DISCLAIMER Electronic access to the following Preliminary Official Statement (including the information incorporated by reference) is being provided to you as a matter of convenience only. The only official version of the Preliminary Official Statement is the printed version available for physical delivery. Although the information contained in the following Preliminary Official Statement has been formatted in a manner that should exactly replicate the printed Preliminary Official Statement, physical appearance may differ for various reasons, including electronic communication difficulties or particular user equipment. In order to assure accuracy, users should obtain a copy of and refer to the printed Preliminary Official Statement. The user of this Preliminary Official Statement assumes the risk of any discrepancies between the printed Preliminary Official Statement and the electronic version of this document. Copies of the printed Preliminary Official Statement may be obtained from: William R. Hough & Co. 100 Second Avenue South, Suite 800 St. Petersburg, Florida 33701 Tel: 727-895-8880 Email: pdixon@hough.com Attention: Peg Dixon This Preliminary Official Statement and the information contained herein are subject to completion or amendment without notice. The posting of this Preliminary Official Statement does not constitute an offer to sell or the solicitation of an offer to buy, nor shall there be any sale of the securities described in the Preliminary Official Statement in any jurisdiction in which such offer, solicitation or sale would be unlawful prior to the registration or qualification under the securities laws of any such jurisdiction. By choosing to download and view this electronic Preliminary Official Statement you are acknowledging that you (i) have read, understood and accepted the terms of this Disclaimer, (ii) consented to the delivery of the Preliminary Official Statement in electronic form, (iii) accepted the risk of errors in the transmission or printing thereof, (iv) agreed not to print the Preliminary Official Statement except in its entirety, and (v) agreed not to transmit electronic copies of the Preliminary Official Statement. *Preliminary, subject to change. PRELIMINARY OFFICIAL STATEMENT DATED ,2003 NEW ISSUE -BOOK ENTRY ONLY In the opinion of Nabors, Giblin & Nickerson, P.A., Tampa, Florida, Bond Counsel, interest on the Series 2003 Bonds (as hereinafter defined) is, under existing statutes, regulations, rulings and court decisions: (a) excludable from gross income for federal income tax purposes except as otherwise described herein under the caption "TAX EXEMPTION" and (b) not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations. Such interest, however, will be includable in the calculation ora corporation's alternative minimum taxable income and may be subject to other federal income tax consequences referred to herein under the caption "TAX EXEMPTION." Bond Counsel is further of the opinion that the Series 2003 Bonds and the interest thereon are exempt from all present intangible personal property taxes imposed pursuant to Chapter 199, Florida Statutes. See "TAX EXEMPTION" herein for a discussion of Bond Counsel's opinion, including a discussion of the corporate alternative minimum tax. $106,555,000' COLLIER COUNTY, FLORIDA Gas Tax Revenue Bonds, Series 2003 Dated: Date of Delivery Due: June 1, as shown below The Gas Tax Revenue Bonds, Series 2003 (the "Series 2003 Bonds") are being issued by Collier County, Florida (the "County") as fully registered bonds, which initially will be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York CDTC"). Individual purchases will be made in book-entry form only through Participants (defined herein) in denominations of $5,000 and integral multiples thereof. Purchasers of the Series 2003 Bonds (the "Beneficial Owners") will not receive physical delivery of certificates. Transfers of ownership interests in the Series 2003 Bonds wi1] be effected through the DTC book-entry system as described herein. As long as Cede & Co. is the registered owner as nominee of DTC, principal and interest payments will be made directly to such registered owner which will in turn remit such payments to the Participants (as defined herein) for subsequent disbursement to the Beneficial Owners. Interest on the Series 2003 Bonds is payable on June 1, 2003 and semiannually on each December 1 and June I thereafter. Principal of, premium, if any, and interest on the Series 2003 Bonds will be payable by [Fifth Third Bank, Cincinnati, Ohio], as Paying Agent and Registrar. The Series 2003 Bonds are subject to optional and mandatory redemption prior to their stated maturities as described herein. The Series 2003 Bonds are being issued pursuant to and under the authority of Chapter 125, Florida Statutes, Sections 206.60, 336.021 and 336.25, Florida Statutes; Ordinance No. 03- of the Board of County Commissioners of the County (the "Board") enacted on February , 2003 (the "Home Rule Ordinance"); the ordinances enacted from time to time by the Board which impose the Gas Taxes (as such term is defined and described herein), including but not limited to, Ordinance No. 80-50 of the Board enacted on June 3, 1980, Ordinance No. 80-51 of the Board enacted on June 3, 1980, Ordinance No. 99-40 of the Board enacted on May 25, 1999, Ordinance No. 93-48 of the Board enacted on August 3, 1993 as amended by Ordinance No. 2001-26 of the Board enacted on May 8, 2001 (collectively, the "Gas Tax Ordinances"), each as amended and supplemented from time to time (the Home Rule Ordinance and the Gas Tax Ordinances, collectively, the "Ordinance"); any interlocal agreements as between the County and a municipality located in the County relating to distribution of any of the Gas Taxes, including, but not limited to the interlocal agreement relating to the Six Cents Local Option Gas Tax, between the County and the City of Naples, dated May 25, 1999, as the same be amended or supplemented from time to time, [the interlocal agreement, relating to the Five Cents Local Option (]as Tax, between the County and ., dated , as the same may be amended or supplemented from time to time] (collectively, the "Interlocal Agreements") and other applicable provisions of law (collectively, the "Act"); and under and pursuant to Resolution No. 03- adopted by the Board on 2003, as amended and supplemented from time to time, and as particularly supplemented b; Resolution No. 03-__ adopted by the Board on ,2003 (collectively, the "Resolution"). The Series 2003 Bonds are being issued for the purpose of providing funds, together with other legally available funds of the County, to (i) finance the costs of acquisition, construction, and reconstruction of roads and bridges and other transportation improvements within the County, (ii) refund, on a current basis, all of the County's outstanding Road Improvement Revenue Bonds, Series 1995 (the "Prior Bonds""), as further described herein, and (iii) pay certain costs of issuance of the Series 2003 Bonds, including the municipal bond insurance premium and the reserve account insurance policy premium. The Series 2003 Bonds are payable from and secured by a lien upon the proceeds of the Gas Tax Revenues (as such term is defined and described herein) distributed to the County under the Act and certain other funds and accounts as described herein (collectively, the "Pledged Funds"). Subject to the satisfaction of certain requirements in the Resolution, the County may release the lien on one or more cents of the Gas Tax Revenues. See "SECURITY FOR THE BONDS" and "GAS TAX REVENUES" herein. The County may issue Additional Bonds on a parity with the Series 2003 Bonds, subject to compliance with certain conditions set forth in the Resolution. See "SECURITY FOR THE BONDS - Additional Bonds" herein. The Series 2003 Bonds shall not be or constitute general obligations or indebtedness of the County as bonds within the meaning of any constitutional or statutory provision, but shall be special obligations of the County, payable solely from and secured by a lien upon and pledge of the Pledged Funds in accordance with the terms of the Resolution. No Holder of any Series 2003 Bond or any Insurer (as such term is defined in the Resolution) shall ever have the right to compel the exercise of any ad valorem taxing power to pay such Series 2003 Bond, or be entitled to payment of such Series 2003 Bond from any moneys of the County except from the Pledged Funds in the manner provided in the Resolution. This cover page contains certain information for quick reference only. It is not, and is not intended to be, a summary of the issue. Investors must read the entire Official Statement to obtain information essential to the making of an informed investment decision. Concurrently with the issuance of the Series 2003 Bonds, a bond insurance policy which unconditionally guarantees the payment of that portion of the principal of and interest on the Series 2003 Bonds which becomes due for payment, but shall be unpaid by reason of nonpayment by the County will be issued by [Insert Insurer Logo] AMOUNTS, MATURITIES, INTEREST RATES, PRICES OR YIELDS AND INITIAL CUSIP NUMBERS $84,495,000* Serial Bonds Initial Maturity Interest Price or Cusip Maturity Interest Price or Amount* (June 1)* Rate Yield Numbers Amount* dune 1)* Rate Yield $1,485,000 2003 6,080,000 2011 5,870,000 2004 6,275,000 2012 6,015,000 2005 6,495,000 2013 6,165,000 2006 6,725,000 2014 6,320,000 2007 6,980,000 2015 6,475,000 2008 3,015,000 2016 6,640,000 2009 3,135,000 2017 6,820,000 2010 Initial Cusip Numbers $22,060,000* Term Bonds due June 1, 2023* - Price or Yield __ % -- Initial Cusip Number __ The Series 2003 Bonds are offered when, as and if issued and received by the Underwriters, subject to the approval as to legality by Nabors, Giblin & Nickerson, P.A., Tampa, Florida, Bond Counsel. Certain legal matters will be passed on for the County by David C. Weigel, Esq., County Attorney, and by Bryant, Miller and Olive, P.A., Tampa, Florida, Disclosure Counsel. William R. Hough & Co., Naples, Florida is acting as Financial Advisor to the County. Schifino & Fleischer, Tampa, Florida, is acting as counsel to the Underwriters. It is expected that the Series 2003 Bonds will be delivered to the facilities of DTC in New York, New York on or about ,2003. A.G. EDWARDS & SONS. INC MORGAN STANLEY RAYMOND JAMES & ASSOCIATES, INC. *Preliminary, subject to change. RED HERRING LANGUAGE: This Preliminary Official Statement and the information contained herein are subject to completion or amendment. Under no circumstances shall this Preliminary Official Statement constitute an offer to sell or a solicitation of an offer to buy, nor shall there be any sale of the Series 2003 Bonds in any jurisdiction in which such offer, solicitation or sale would be unlawful prior to registration, qualification or exemption under the securities laws of such jurisdiction. The County has deemed this Preliminary Official Statement "final," except for certain permitted omissions, within the contemplation of Rule 15c2-12 promulgated by the Securities and Exchange Commission. COLLIER COUNTY, FLORIDA Government Complex 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8097 BOARD OF COUNTY COMMISSIONERS Tom Henning, Chairman Donna Fiala, Vice Chairman Jim Coletta, Commissioner Fred W. Coyle, Commissioner Frank Halas, Commissioner COUNTY MANAGER James V. Mudd CLERK OF THE CIRCUIT COURT OF COLLIER COUNTY AND CHIEF FINANCIAL OFFICER Dwight E. Brock, Esq. DIRECTOR OF FINANCE AND ACCOUNTING James L. Mitchell, CIA, CFE, CBA COUNTY ATTORNEY David C. Weigel, Esq. BOND COUNSEL Nabors, Giblin & Nickerson, P.A. Tampa, Florida DISCLOSURE COUNSEL Bryant, Miller and Olive, P.A. Tampa, Florida FINANCIAL ADVISOR William R. Hough & Co. Naples, Florida INDEPENDENT AUDITORS KPMG LLP St. Petersburg, Florida No dealer, broker, salesman or other person has been authorized by the County to give any information or to make any representations in connection with the Series 2003 Bonds other than as contained in this Official Statement, and, if given or made, such information or representations must not be relied upon as having been authorized by the County. This Official Statement does not constitute an offer to sell or the solicitation of an offer to buy, nor shall there be any sale of the Series 2003 Bonds by any person in any jurisdiction in which it is unlawful for such person to make such offer, solicitation or sale. The information set forth herein has been obtained from the County, The Depository Trust Company, , and other sources which are believed tobe reliable, but is not guaranteed as to accuracy or completeness, and is not to be construed as a representation by the County with respect to any information provided by others. The Underwriters listed on the cover page hereof have reviewed the information in this Official Statement in accordance with and as part of their respective responsibilities to investors under the federal securities laws as applied to the facts and circumstances of this transaction, but the Underwriters do not guarantee the accuracy or completeness of such information. The information and expressions of opinion stated herein are subject to change, and neither the delivery of this Official Statement nor any sale made hereunder shall create, under any circumstances, any implication that there has been no change in the matters described herein since the date hereof. IN CONNECTION WITH THIS OFFERING, THE UNDERWRITERS MAY OVERALLOT OR EFFECT TRANSACTIONS THAT STABILIZE OR MAINTAIN THE MARKET PRICE OF THE SERIES 2003 BONDS AT LEVELS ABOVE THAT WHICH MIGHT OTHERWISE PREVAIL IN THE OPEN MARKET. SUCH STABILIZING, IF COMMENCED, MAY BE DISCONTINUED AT ANY TIME. All summaries herein of documents and agreements are qualified in their entirety by reference to such documents and agreements, and all summaries herein of the Series 2003 Bonds are qualified in their entirety by reference to the form thereof included in the aforesaid documents and agreements. NO REGISTRATION STATEMENT RELATING TO THE SERIES 2003 BONDS HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION (THE "COMMISSION") OR WITH ANY STATE SECURITIES COMMISSION. IN MAKING ANY INVESTMENT DECISION, INVESTORS MUST RELY ON THEIR OWN EXAMINATIONS OF THE COUNTY AND THE TERMS OF THE OFFERING, INCLUDING THE MERITS AND RISKS INVOLVED. THE SERIES 2003 BONDS HAVE NOT BEEN APPROVED OR DISAPPROVED BY THE COMMISSION OR ANY STATE SECURITIES COMMISSION OR REGULATORY AUTHORITY. THE FOREGOING AUTHORITIES HAVE NOT PASSED UPON THE ACCURACY OR ADEQUACY OF THIS OFFICIAL STATEMENT. ANY REPRESENTATION TO THE CONTRARY MAY BE A CRIMINAL OFFENSE. [Remainder of page intentionally left blank] TABLE OF CONTENTS ~Contents Page INTRODUCTION ........................................................................................................................................ 1 General ..................................................................................................................................................... 1 The County .............................................................................................................................................. 1 Purpose of the Series 2003 Bonds .......................................................................................................... Security for the Bonds ............................................................................................................................ 1 Redemption Provisions ........................................................................................................................... 2 Bond Insurance Policy ............................................................................................................................ 2 Additional Bonds ..................................................................................................................................... 2 Tax Exemption ........................................................................................................................................ 2 Continuing Disclosure ............................................................................................................................. 2 Amendment of Resolution ....................................................................................................................... 3 Additional Information ........................................................................................................................... 3 AUTHORITY FOR ISSUANCE .................................................................................................................. 3 THE INITIAL PROJECT ............................................................................................................................ 4 PLAN OF REFUNDING ............................................................................................................................. 4 DESCRIPTION OF THE SERIES 2003 BONDS ...................................................................................... 4 General ..................................................................................................................................................... 4 Book-Entry Only System ........................................................................................................................ 4 Payment of the Series 2003 Bonds ......................................................................................................... 6 Optional Redemption .............................................................................................................................. 7 Mandatory Redemption .......................................................................................................................... 7 Notice of Redemption .............................................................................................................................. 7 Interchangeability, Negotiability and Transfer .................................................................................... 8 SECURITY FOR THE BONDS .................................................................................................................. 9 General ..................................................................................................................................................... 9 Uniform Commercial Code ................................................................................................................... 10 Funds and Accounts .............................................................................................................................. 10 Construction Fund ................................................................................................................................ 10 Reserve Account .................................................................................................................................... 12 Disposition of Gas Tax Revenues ......................................................................................................... 12 Additional Bonds ................................................................................................................................... 15 Subordinated Indebtedness .................................................................................................................. 17 Books and Records ................................................................................................................................ 17 Collection of Gas Tax Revenues; No Impairment ............................................................................... 17 Accession of Subordinated Indebtedness to Parity Status with Bonds ............................................. 17 Investments ........................................................................................................................................... 18 Separate Accounts ................................................................................................................................. 18 Amendment of Resolution without Consent of Bondholders .............................................................. 18 Control by Insurer in Case of Event of Default ................................................................................... 19 GAS TAX REVENUES .............................................................................................................................. 19 General ................................................................................................................................................... 19 Historical Gasoline Sales in the County .............................................................................................. 19 Seventh Cent Gas Tax .......................................................................................................................... 19 Ninth Cent Gas Tax .............................................................................................................................. 21 Six Cents Local Option Gas Tax and Five Cents Local Option Gas Tax ........................................... 23 Aggregate Gas Tax Revenues ............................................................................................................... 28 Pro Forma Debt Service Coverage ....................................................................................................... 29 BOND INSURANCE POLICY .................................................................................................................. 29 RESERVE ACCOUNT INSURANCE POLICY ....................................................................................... 30 ESTIMATED SOURCES AND USES OF FUNDS ................................................................................. 31 DEBT SERVICE SCHEDULE .................................................................................................................. 32 INVESTMENT POLICY ........................................................................................................................... 33 LEGAL MATTERS .................................................................................................................................... 34 FUTURE PLANS TO ADD SECURITY ................................................................................................... 35 FUTURE VALIDATION ........................................................................................................................... 35 LITIGATION .............................................................................................................................................. 36 DISCLOSURE REQUIRED BY FLORIDA BLUE SKY REGULATIONS ............................................ 37 TAX EXEMPTION ..................................................................................................................................... 37 Opinion of Bond Counsel ...................................................................................................................... 37 Internal Revenue Code of 1986 ............................................................................................................ 38 Collateral Tax Consequences ............................................................................................................... 38 Florida Taxes ......................................................................................................................................... 38 Other Tax Matters ................................................................................................................................ 38 Tax Treatment of Original Issue Discount .......................................................................................... 39 Tax Treatment of Bond Premium ........................................................................................................ 39 RATINGS ................................................................................................................................................... 39 VERIFICATION OF MATHEMATICAL COMPUTATIONS ................................................................. 40 FINANCIAL ADVISOR ............................................................................................................................. 40 AUDITED FINANCIAL STATEMENTS ................................................................................................. 40 UNDERWRITING ..................................................................................................................................... 41 CONTINGENT FEES ............................................................................................................................... 41 ENFORCEABILITY OF REMEDIES ....................................................................................................... 41 CONTINUING DISCLOSURE ................................................................................................................. 41 ACCURACY AND COMPLETENESS OF OFFICIAL STATEMENT ................................................... 42 AUTHORIZATION OF OFFICIAL STATEMENT .................................................................................. 43 APPENDIX A - GENERAL INFORMATION REGARDING COLLIER COUNTY, FLORIDA APPENDIX B -AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR ENDED SEPTEMBER 30, 2001 [2002 audit is going to the BOCC on, APPENDIX C -FORM OF THE RESOLUTION APPENDIX D -FORM OF BOND INSURANCE POLICY APPENDIX E - [FORM OF RESERVE ACCOUNT INSURANCE POLICY] APPENDIX F - FORM OF BOND COUNSEL OPINION APPENDIX G -FORM OF CONTINUING DISCLOSURE CERTIFICATE ,2003?] ii OFFICIAL STATEMENT relating to $106,555,000. COLLIER COUNTY, FLORIDA Gas Tax Revenue Bonds, Series 2003 INTRODUCTION General This introduction is subject in all respects to the more complete information and definitions contained or incorporated in this Official Statement and should not be considered to be a complete statement of the facts material to making an informed investment decision. The offering by Collier County, Florida (the "County"), of its $106,555,000' Gas Tax Revenue Bonds, Series 2003 (the "Series 2003 Bonds") to potential investors is made only by means of the entire Official Statement, including all appendices attached hereto. All capitalized undefined terms used in this introduction shall have the meaning set forth in "APPENDIX C - FORM OF THE RESOLUTION" attached hereto. The County The County is located in the southwestern portion of the State of Florida. The City of Naples, located in the western part of the County, is the largest incorporated municipality in Collier County and serves as its county seat. The County, with a 2001 population of 264,475 according to the United States Census, derives its economy from wholesale and retail trade, government, tourism, contract construction, agriculture, cattle ranching and timber. Part of the Everglades National Park, the United States' only subtropical national park, comprises a portion of the County. See "APPENDIX A - GENERAL INFORMATION REGARDING COLLIER COUNTY" attached hereto for more information about the County. Purpose of the Series 2003 Bonds The County proposes to issue the Series 2003 Bonds for the purpose of providing funds, together with other legally available funds of the County, to (i) finance the costs of acquisition, construction, and reconstruction of roads and bridges and other transportation improvements within the County, (ii) refund, on a current basis, all of the County's outstanding Road Improvement Refunding Revenue Bonds, Series 1995 (the "Prior Bonds"), as further described herein, and (iii) pay certain costs of issuance of the Series 2003 Bonds, including the municipal bond insurance premium [and the reserve account insurance policy premium]. The Prior Bonds were issued in the original aggregate principal amount of $5,770,000 and are presently outstanding in the aggregate principal amount of $3,515,000. Security for the Bonds Pursuant to Resolution No. 03- adopted by the Board of County Commissioners of the County (the "Board") on , 2003, as amended and supplemented from time to time, and as particularly supplemented by Resolution No. 03-__ adopted by the Board on , 2003 (collectively, the "Resolution"), the Series 2003 Bonds are payable from and secured by a lien upon the proceeds of the Gas Tax Revenues (as such term is defined and described herein), and distributed to the County under the Act (as defined herein) and certain other funds and * Preliminary, subject to change. accounts as described herein (collectively, the "Pledged Funds"). Subject to the satisfaction of certain requirements in the Resolution, the County may release the lien on one or more cents of the Gas Tax Revenues. See "SECURITY FOR THE BONDS" and "GAS TAX REVENUES" herein. A Reserve Account has been established to secure all Bonds. Upon issuance of the Series 2003 Bonds, the County will purchase a reserve account insurance policy in an amount which, together with amounts already on deposit therein, will equal the Reserve Account Requirement (as such term is defined in the Resolution) for all Bonds. See "SECURITY FOR THE BONDS" herein. Redemption Provisions The Series 2003 Bonds are subject to optional and mandatory redemption prior to their stated maturities as described herein. See "DESCRIPTION OF THE SERIES 2003 BONDS" herein. Bond Insurance Policy Concurrently with the issuance of the Series 2003 Bonds, a bond insurance policy (see "BOND INSURANCE POLICY" herein and "APPENDIX D - FORM OF BOND INSURANCE POLICY" attached hereto) which unconditionally guarantees the payment of that portion of the principal of and interest on the Series 2003 Bonds which becomes due for payment, but shall be unpaid by reason of nonpayment by the County will be issued by (the "Insurer"). Additional Bonds The County may issue Additional Bonds on a parity with the Series 2003 Bonds, subject to compliance with certain conditions set forth in the Resolution. See "SECURITY FOR THE BONDS - Additional Bonds" herein. Tax Exemption In the opinion of Nabors, Giblin & Nickerson, P.A., Tampa, Florida, Bond Counsel, interest on the Series 2003 Bonds is, under existing statutes, regulations, rulings and court decisions: (a) excludable from gross income for federal income tax purposes except as otherwise described herein under the caption "TAX EXEMPTION" and (b) not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations. Such interest, however, will be includable in the calculation of a corporation's alternative minimum taxable income and may be subject too ther federal income tax consequences referred to herein under the caption "TAX EXEMPTION." Bond Counsel is further of the opinion that the Series 2003 Bonds and the interest thereon are exempt from all present intangible personal property taxes imposed pursuant to Chapter 199, Florida Statutes. See "TAX EXEMPTION" herein for a discussion of Bond Counsel's opinion, including a discussion of the corporate alternative minimum tax. Continuing Disclosure The County has agreed and undertaken, for the benefit of Bondholders, to provide certain financial information and operating data relating to the County, the Pledged Funds and the Series 2003 Bonds pursuant to Rule 15c2-12 of the Securities and Exchange Commission. See "CONTINUING DISCLOSURE" herein. Amendment of Resolution Pursuant to the Resolution, the County is granted the right to make certain amendments to the Resolution without the consent of the Holders of the Series 2003 Bonds. See "APPENDIX C - FORM OF THE RESOLUTION" attached hereto. Additional Information This Official Statement speaks only as of its date, and the information contained herein is subject to change. This Official Statement contains certain information concerning the Insurer, its Bond Insurance Policy and its reserve account insurance policy, and contains certain information concerning The Depository Trust Company, New York, New York ("DTC"), and its book-entry-only system of registration. Such information has not been provided by the County and the County does not certify as to the accuracy or sufficiency of the disclosure practiceso r content of information provided by such parties and is not responsible for the information provided by such parties. A copy of the Resolution and all documents of the County referred to herein may be obtained from Dwight E. Brock, Clerk of Circuit Court and Chief Financial Officer of Collier County, Government Complex, 3301 East Tamiami Trail, Building L, Naples, Florida 34112, Phone (941) 732-2646. Capitalized terms used but not defined herein have the same meaning as when used in the Resolution unless the context clearly indicates otherwise. See "APPENDIX C - FORM OF THE RESOLUTION" attached hereto. All information included herein has been provided by the County, except where attributed to other sources. Copies of such documents, reports and statements referred to herein that are not included in their entirety in this Official Statement may be obtained from the County. AUTHORITY FOR ISSUANCE The Series 2003 Bonds are being issued pursuant to and under the authority of Chapter 125, Florida Statutes, Sections 206.60, 336.021 and 336.25, Florida Statutes; Ordinance No. 03- of the Board of County Commissioners of the County (the "Board") enacted on February , 20---~3 (the "Home Rule Ordinance"); the ordinances enacted from time to time by the Board ~hich impose the Gas Taxes (as such term is defined and described herein), including but not limited to, Ordinance No. 80-50 of the Board enacted on June 3, 1980, Ordinance No. 80-51 of the Board enacted on June 3, 1980, Ordinance No. 99-40 of the Board enacted on May 25, 1999, Ordinance No. 93-48 of the Board enacted on August 3, 1993 as amended by Ordinance No. 2001-26 of the Board enacted on May 8, 2001 (collectively, the "Gas Tax Ordinances"), each as amended and supplemented from time to time (the Home Rule Ordinance and the Gas Tax Ordinances, collectively, the "Ordinance"); any interlocal agreements as between the County and a municipality located in the County relating to distribution of any of the Gas Taxes, including, but not limited to the interlocal agreement relating to the Six Cents Local Option Gas Tax, between the County and the City of Naples, dated May 25, 1999, as the same be amended or supplemented from time to time, [the interlocal agreement, relating to the Five Cents Local Option Gas Tax, between the County and , dated ., as the same may be amended or supplemented from time to time] (collectively, the Interlocal Agreements ) and other applicable provisions of law (collectively, the "Act"); and under and pursuant to the Resolution. THE INITIAL PROJECT The "Initial Project" consists of the acquisition, construction, and reconstruction of roads and bridges and other transportation improvements within the County, as more specifically described in the plans and specifications on file or to be on file with the County, with such changes, deletions, additions or modifications to the enumerated improvements, equipment and facilities, or such other improvements, as approved by the Board in accordance with the Act (collectively, the "Initial Project"). Specifically, the Initial Project includes PLAN OF REFUNDING Concurrently with the delivery of the Series 2003 Bonds, a portion of the proceeds of the Series 2003 Bonds, together with other legally available funds of the County, shall be deposited into an escrow deposit trust fund (the "Escrow Fund") pursuant to the terms and provisions of the Escrow Deposit Agreement between the County and , , , as Escrow Holder (the "Escrow Agreement"). The moneys deposited pursuant to the Escrow Agreement shall be applied to the purchase of Federal Securities, as such term is defined in Resolution No. 80-114, duly adopted by the Board on June 10, 1980, as amended and supplemented from time to time (the "Prior Resolution"), so as to produce sufficient fundst o pay the principal of, redemption premium, and interest on the Prior Bonds, as the same become due and payable, whether at maturity or redemption prior to maturity. The Prior Bonds are expected to be paid or redeemed, as the case may be, on , 2003. The Prior Bonds that are expected to be redeemed will be redeemed at a redemption premium of % of the Prior Bonds to be redeemed early. See "VERIFICATION OF MATHEMATICAL COMPUTATIONS" herein. Upon the deposit of such moneys, in the opinion of Bond Counsel and in reliance on the verification report of , the Prior Bonds shall be deemed to be paid and shall no longer be deemed to be outstanding for purposes of the Prior Resolution. The holders of the Prior Bonds shall be entitled to payment solely out of the moneys or Federal Securities deposited pursuant to the Escrow Agreement. The moneys and Federal Securities on deposit in the Escrow Fund will not be available for payment of the Series 2003 Bonds. DESCRIPTION OF THE SERIES 2003 BONDS General The Series 2003 Bonds will be dated and will mature in the years, and in the amounts and bear interest at the rates and be payable on the dates set forth on the cover page hereof. Interest on the Series 2003 Bonds is payable on June 1, 2003, and semiannually on each December i and June 1 thereafter (each an "Interest Date"). Principal of, premium, if any, and interest on the Series 2003 Bonds will be payable by [Fifth Third Bank, Cincinnati, Ohio], as Paying Agent and Registrar. Book-Entry Only System THE FOLLOWING INFORMATION CONCERNING THE DEPOSITORY TRUST COMPANY ("DTC") AND DTC'S BOOK-ENTRY ONLY SYSTEM HAS BEEN OBTAINED FROM SOURCES THAT THE COUNTY BELIEVES TO BE RELIABLE, BUT THE COUNTY TAKES NO RESPONSIBILITY FOR THE ACCURACY THEREOF. DTC will act as securities depository for the Series 2003 Bonds. The Series 2003 Bonds will be issued as fully-registered bonds registered in the name of Cede & Co. (DTC's partnership nominee) or such other name as may be requested by an authorized representative of DTC. One 4 fully-registered bond certificate Will be issued for each maturity of the Series 2003 Bonds in the aggregate principal amount of such maturity, and will be deposited with DTC. DTC is a limited-purpose trust company organized under the New York Banking Law, a "banking organization" within the meaning of the New York Banking Law, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds securities that its participants ("Participants") deposit with DTC. DTC also facilitates the settlement among Participants of securities transactions such as transfers and pledges, and in deposited securities through electronic computerized book-entry changes in Participants' accounts, thereby eliminating the need for physical movement of securities certificates. "Direct Participants" means securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is owned by a number of its Direct Participants and by the New York Stock Exchange, Inc., the American Stock Exchange, Inc., and the National Association of Securities Dealers, Inc. Access to the DTC system is also available to others such as securities brokers and dealers, banks, and trust companies that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly ("Indirect Participants"). The rules applicable to DTC and its Participants are on file with the Securities and Exchange Commission. Purchases of Series 2003 Bonds under the DTC system must be made by or through Direct Participants which will receive a credit for the Series 2003 Bonds on DTC's records. The ownership interest of each actual purchaser of each Series 2003 Bond ("Beneficial Owner") is in turn to be recorded on the Direct and Indirect Participants' records. Beneficial Owners will not receive writter~ confirmation from DTC of their purchase, but Beneficial Owners are expected to receive written confirmations providing details of the transactions, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Series 2003 Bonds are to be accomplished by entries made on the books of Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interests in Series 2003 Bonds, except in the event that use of the book-entry system for the Series 2003 Bonds is discontinued. To facilitate subsequent transfers, all Series 2003 Bonds deposited by Participants with DTC are registered in the name of DTC's partnership nominee, Cede & Co. The deposito f Series 2003 Bonds with DTC and their registration in the name of Cede & Co. effect no change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Series 2003 Bonds; DTC's records reflect only the identity of the Direct Participants to whose accounts such Series 2003 Bonds are credited, which may or may not be the Beneficial Owners. The Participants will remain responsible for keeping account of their holdings on behalf of their customers. Beneficial Owners of the Series 2003 Bonds may wish to take certain steps to augment the transmission to them of notices of significant events with respect to the Series 2003 Bonds, such as redemptions, defaults and proposed amendments to Series 2003 Bond documents. Beneficial Owners of the Series 2003 Bonds may wish to ascertain that the nominee holding the Series 2003 Bonds for their benefit has agreed to obtain and transmit notices to Beneficial Owners, or in the alternative, Beneficial Owners may wish to provide their names and addresses to the Paying Agent and Registrar and request that copies of notices be provided directly to them. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Redemption notices shall be sent to Cede & Co. If less than all of the Series 2003 Bonds within an issue are being redeemed, DTC's practice is to determine by lot the amount of the interest of each Direct Participant in such issue to be redeemed. Neither DTC nor Cede & Co. will consent or vote with respect to Series 2003 Bonds. Under its usual procedures, DTC mails an omnibus proxy to the County as soon as possible after the record date. The omnibus proxy assigns Cede & Co.'s consenting or voting rights to those Direct Participants to whose accounts the Series 2003 Bonds are credited on the record date (identified in a listing attached to the omnibus proxy). Principal and interest payments on the Series 2003 Bonds will be made to DTC. DTC's practice is to credit Direct Participants' accounts on payment dates in accordance with their respective holdings shown on DTC's records unless DTC has reason to believe that it will not receive payment on the payment date. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as in the case with securities held for the accounts of customers in bearer form or registered in "street name," and will be the responsibility of such Participant and not of DTC, the County, or the Paying Agent, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of principal and interest to DTC is the responsibility of the County or the Paying Agent, disbursement of such payments to Direct Participants shall be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners shall be the responsibility of Direct and Indirect Participants. DTC may discontinue providing its services as securities depository with respect to the Series 2003 Bonds at any time by giving reasonable notice to the County and/or the Paying Agent. Under such circumstances, in the event that a successor securities depository is not obtained, Series 2003 Bond certificates are required to be printed and delivered. The County may decide to discontinue use of the system of book-entry transfers through DTC (or a successor securities depository). In that event, Series 2003 Bond certificates will be printed and delivered. Payment of the Series 2003 Bonds The principal of or Redemption Price, if applicable, on the Series 2003 Bonds are payable upon presentation and surrender of the Series 2003 Bonds at the office of the Paying Agent. Interest payable on any Series 2003 Bond on any Interest Date will be paid by check or draft of the Paying Agent to the Holder in whose name such Series 2003 Bond shall be registered at the close of business on the date which shall be the 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. For so long as the Series 2003 Bonds shall be held in the DTC book-entry system (without certificates), all such payments of principal of, redemption premium, if any, and interest on the Series 2003 Bonds will be made to Cede & Co., as registered owner thereof, by the Paying Agent and payments to Beneficial Owners will be the responsibility of DTC and the DTC Participants. See "DESCRIPTION OF THE SERIES 2003 BONDS - Book-Entry Only System" herein. Optional Redemption The Series 2003 Bonds maturing on or before June 1, 20__ are not subject to optional redemption prior to maturity. The Series 2003 Bonds maturing on and after June 1, 20__ are subject to redemption at the option of the County in whole or in part, at any time,o n or after June 1, 20__ in such order of maturities as may be determined by the County (less than all of a single maturity to be selected by lot) at a redemption price (expressed as a percentage of principal amount) as set forth in the table below, together with accrued interest to the date set for redemption: Redemption Period (Both Dates Inclusive) June 1, 20__ to May 31, 20__ June 1, 20__ to May 31, 20__ June 1, 20__ and thereafter Redemption Price % Mandatory Redemption The Series 2003 Bonds maturing on June 1, 20__, are subject to mandatory sinking fund redemption, prior to maturity in part, by lot on June 1, 20__ and on each June 1 thereafter, at a redemption price equal to the principal amount of such Series 2003 Bonds or portions thereof to be redeemed, plus interest accrued thereon to the date of redemption, on June I in the following years and in the following Amortization Installments: Year Amortization Installments 20__ 20__ 20__ 20__ 20__ 20__ 20__* *Maturity Notice of Redemption Notice of such redemption, which shall specify the Series 2003 Bond or Series 2003 Bonds (or portions thereof) to be redeemed and the date and placef or redemption, shall beg iven by the Registrar on behalf of the County, and (A) shall be filed with the Paying Agent of such Series 2003 Bonds, (B) shall be mailed first class, postage prepaid, at least 30 days prior to the redemption date to all Holders of Series 2003 Bonds to be redeemed at their addresses as they appear on the registration books kept by the Registrar as of the date of 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 Series 2003 Bonds to be redeemed, or any defect therein, shall not affect the proceedings for redemption of Series 2003 Bonds as to which no such failure or defect has occurred. Notice of optional redemption of Series 2003 Bonds shall only be sent if the County determines it shall have sufficient funds available to pay the Redemption Price of and interest on the Series 2003 Bonds called for redemption on the redemption date. As described above under "DESCRIPTION OF THE SERIES 2003 BONDS -- Book-Entry Only System," for so long as the Series 2003 Bonds are registered in the name of DTC or its nominee, notice of redemption of any Series 2003 Bond will be given by the Registrar to DTC or such nominee only, who will then be solely responsible for selecting and notifying those DTC Participants and Beneficial Owners to be affected by such redemption. Interchangeability, Negotiability and Transfer So long as the Series 2003 Bonds are registered in the name of DTC or its nominee, the following paragraphs relating to transfer and exchange of Series 2003 Bonds do not apply to the Series 2003 Bonds. Series 2003 Bonds, upon surrender thereof at the office of the Registrar with a written instrument of transfer satisfactory to the Registrar, duly executed by the Holder thereof or his attorney duly authorized in writing, may, at the option of the Holder thereof, be exchanged for an equal aggregate principal amount of registered Series 2003 Bonds and of the same maturity of any other authorized denominations. The Series 2003 Bonds issued under the Resolution shall be and have all the qualities and incidents of negotiable instruments under the law merchant and the Uniform Commercial Code of the State of Florida, subject to the provisions for registration and transfer contained in the Resolution and in the Series 2003 Bonds. So long as any of the Series 2003 Bonds shall remain Outstanding, the County shall maintain and keep, at the office of the Registrar, books for the registration and transfer of the Series 2003 Bonds. Each Series 2003 Bond shall be transferable only upon the books of the County, at the office of the Registrar, under such reasonable regulations as the County may prescribe, by the Holder thereof in person or by his attorney duly authorized in writing upon surrender thereof together with a written instrument of transfer satisfactory to the Registrar duly executed and guaranteed by the Holder of his duly authorized attorney. Upon the transfer of any such Series 2003 Bond, the County shall issue, and cause to be authenticated, in the name of the transferee a new Series 2003 Bond or Series 2003 Bonds of the same aggregate principal amount and maturity as the surrendered Series 2003 Bond. The County, the Registrar and any paying agent or fiduciary of the County may deem and treat the person in whose name any Outstanding Series 2003 Bond shall be registered upon the books of the County as the absolute owner of such Series 2003 Bond, whether such Series 2003 Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of, redemption premium, if any, and interest on such Series 2003 Bond and for all other purposes, and all such payments so made to any such registered owner or upon his order shall be valid and effectual to satisfy and discharge the liability upon such Series 2003 Bond to the extent of the sum or sums so paid and neither the County nor the Registrar nor any paying agent or other fiduciary of the County shall be affected by any notice to the contrary. The Registrar, in any case when it is not also the Paying Agent in respect to any Series of Bonds, shall forthwith (A) following the fifteenth day prior to an Interest Date for any such Series; (B) following the fifteenth day next preceding the date of first mailing of notice of redemption of any Series 2003 Bonds; and (C) at any other time as reasonably requested by the Paying Agent, certify and furnish to such Paying Agent the names, addresses and holdings of Series 2003 Bondholders and any other relevant information reflected in the registration books. Any Paying Agent of any fully registered Bond shall effect payment of interest on such Series 2003 Bonds by mailing a check to the Series 2003 Bondholder entitled thereto or may, in lieu thereof, upon the request and at the expense of such Holder, transmit such payment by bank wire transfer for the account of such Holder. In all cases in which the privilege of exchanging Series 2003 Bonds or transferring Series 2003 Bonds is exercised, the County shall issue and the Registrar shall authenticate and deliver Series 2003 Bonds in accordance with the provisions of the Resolution. Execution of Series 2003 Bonds by the Chairman and Clerk for purposes of exchanging, replacing or transferring Series 2003 Bonds may occur at the time of the original delivery of the Series 2003 Bonds. All Series 2003 Bonds surrendered in any such exchanges or transfers shall be held by the Registrar in safekeeping until directed by the County to be destroyed or returned by the Registrar. For every such exchange or transfer of Series 2003 Bonds, the County or the Registrar may make a charge sufficient to reimburse it for any tax, fee, expense or other governmental charge required to be paid with respect to such exchange or transfer. The County and the Registrar shall not be obligated to make any such exchange or transfer of Series 2003 Bonds during the fifteen (15) days next preceding an Interest Date on the Series 2003 Bonds, or in the case of any proposed redemption of Series 2003 Bonds, then during the fifteen (15) days next preceding the date of the first mailing ofnot ice of such redemption and continuing until such redemption date. SECURITY FOR THE BONDS General Except as provided in the Resolution and described below under the heading "SECURITY FOR THE BONDS - Obligations Under Prior Resolution," the payment of the principal of or Redemption Price, if applicable, and interest on the Bonds is secured forthwith equally and ratably by a pledge of and lien upon the Pledged Funds in accordance with the provisions of the Resolution. The Pledged Funds will immediately be subject to the lien of this pledge without any physical delivery thereof or further act, and the lien of this pledge is valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the County. "Pledged Funds" means (1) the Gas Tax Revenues and (2) until applied in accordance with the provisions of the Resolution, all moneys, including investments thereof, in the funds and accounts established under the Resolution, except (A) as for the Unrestricted Revenue Account and the Rebate Fund, and (B) to the extent moneys on deposit in a subaccount of the Reserve Account shall be pledged solely for the payment of a particular Series of Bonds for which it was established in accordance with the provisions of the Resolution. "Gas Tax Revenues" means the moneys received by the County from the proceeds of the Gas Taxes. "Gas Taxes" means, collectively, the Seventh Cent Gas Tax, the Ninth Cent Gas Tax, the Five Cents Local Option Gas Tax, the Six Cents Local Option Gas Tax, and any other gas tax imposed and/or received by the County which is specifically pledged under the Resolution or by the County pursuant to Supplemental Resolution. The Gas Taxes shall be subject to release pursuant to the Resolution. See "SECURITY FOR THE BONDS - Release of Portion of Gas Tax Revenues from Lien and Pledge" herein. "Seventh Cent Gas Tax" means the tax of one cent per gallon on motor fuel levied by Section 206.60, Florida Statutes, and special fuel levied by Section 206.87, Florida Statutes, and allocated to the County pursuant to the provisions of subsection (2)(b) of said Section 206.60 and subsection (2) of Section 206.875, Florida Statutes. "Ninth Cent Gas Tax" means the tax of one-cent per gallon on motor fuel and special fuel imposed by the County pursuant to Section 336.021, Florida Statutes, approved at a countywide referendum on March 11, 1980, and taxed and collected under Chapter 206, Florida Statutes, as provided in the Gas Tax Ordinances. "Five Cents Local Option Gas Tax" means the first 5-cents of the local option gas tax levied and received by the County pursuant to Section 336.025(1)(b), Florida Statutes, plus, to the extent provided by Supplemental Resolution of the County, any additional local option gas tax received by the County pursuant to Section 336.025(1)(b), Florida Statutes, and pledged by the County pursuant to 9 Supplemental Resolution. "Six Cents Local Option Gas Tax" means the first 6-cents of the local option gas tax levied and received by the County pursuant to Section 336.025(1)(a), Florida Statutes, plus, to the extent provided by Supplemental Resolution of the County, any additional local option gas tax received by the County received pursuant to Section 336.025(1)(a), Florida Statutes, and pledged by the County pursuant to Supplemental Resolution. See "GAS TAX REVENUES" herein for more information. THE BONDS SHALL NOT BE OR CONSTITUTE GENERAL OBLIGATIONS OR INDEBTEDNESS OF THE COUNTY AS BONDS WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY PROVISION, BUT SHALL BE SPECIAL OBLIGATIONS OF THE COUNTY, PAYABLE SOLELY FROM AND SECURED BY A LIEN UPON AND PLEDGE OF THE PLEDGED FUNDS IN ACCORDANCE WITH THE TERMS OF THE RESOLUTION. NO HOLDER OF ANY BOND OR ANY INSURER SHALL EVER HAVE THE RIGHT TO COMPEL THE EXERCISE OF ANY AD VALOREM TAXING POWER TO PAY SUCH BOND, OR BE ENTITLED TO PAYMENT OF SUCH BOND FROM ANY MONEYS OF THE COUNTY EXCEPT FROM THE PLEDGED FUNDS IN THE MANNER PROVIDED IN THE RESOLUTION. Uniform Commercial Code The Bonds issued under the Resolution shall be and have all the qualities and incidents of negotiable instruments under the law merchant and the UCC. In 2001, the Florida Legislature adopted revisions to Florida's UCC relating to secured transactions. Under the revised UCC, transfers by governments and governmental units continue to remain exempt from the provisions of Florida's UCC. Funds and Accounts The County covenanted and agreed in the Resolution to establish with one or more banks, trust companies or other entities in the State of Florida, which is eligible under the laws of such State to receive funds of the County, special funds to be known as the "Construction Fund," the "Revenue Fund," the "Debt Service Fund" and the "Rebate Fund." The County shall maintain in the Revenue Fund two accounts: the "Restricted Revenue Account" and the "Unrestricted Revenue Account." The County shall maintain in the Debt Service Fund four accounts: the "Interest Account," the "Principal Account," the "Bond Amortization Account," and the "Reserve Account." Moneys in the aforementioned funds and accounts, other than the Rebate Fund and the Unrestricted Revenue Account, until applied in accordance with the provisions of the Resolution, shall be subject to a lien and charge in favor of the Holders of the Bonds and for the further security of such Holders. The County may at any time and from time to time appoint one or more depositories to hold, for the benefit of the Bondholders, any one or more of the funds, accounts and subaccounts established by the Resolution. Such depository or depositories shall perform at the direction of the County the duties of the County in depositing, transferring and disbursing moneys to and from each of such funds and accounts set forth in the Resolution, and all records of such depositary in performing such duties shall be open at all reasonable times to inspection by the County and its agent and employees. Any such depositary shall be a bank or trust company duly authorized to exercise corporate trust powers and subject to examination by federal or state authority, of good standing, and be qualified under applicable State law as a depository. Construction Fund The Construction Fund shall be used only for payment of the Cost of the Projects. Moneys in the Construction Fund, until applied in payment of any item of the Cost of a Project in the manner 10 provided in the Resolution, shall be held in trust by the County and shall be subject to a lien and charge in favor of the Holders of the Bonds and for the further security of such Holders. There shall be paid into the Construction Fund the amounts required to be so paid by the provisions of the Resolution, and there may be paid into the Construction Fund, at the option of the County, any moneys received for or in connection with a Project by the County from any other source. The County shall establish within the Construction Fund a separate account for each Project, the Cost of which is to be paid in whole or in part out of the Construction Fund. The "Series 2003 Account" of the Construction Fund was established by the Resolution, from which Costs of the Initial Project shall be paid. See "INITIAL PROJECT" herein. The proceeds of insurance maintained pursuant to the Resolution against physical loss of or damage to a Project, or of contractors' performance bonds with respect thereto pertaining to the period of construction thereof, shall be deposited into the appropriate account of the Construction Fund. Any moneys received by the County from the State or from the United States of America or any agencies thereof for the purpose of financing part of the Cost of a Project may be deposited into the appropriate account of the Construction Fund and used in the same manner as other Series 2003 Bond proceeds are used therein; provided that separate accounts or subaccounts may be established in the Construction Fund for moneys received pursuant to the provisions of this paragraph whenever required by Federal or State law. The County covenanted in the Resolution that the acquisition, construction and installation of each Project will be completed without delay and in accordance with sound engineering practices. The County shall make disbursements or payments from the Construction Fund to pay the Cost of a Project upon the filing with the Clerk of documents and/or certificates signed by an Authorized Issuer Officer, stating with respect to each disbursement or payment to be made: (A) the item number of the payment, (B) the name and address of the Person to whom payment is due, (C) the amount to be paid, (D) the Construction Fund account from which payment is to be made, (E) the purpose, by general classification, for which payment is to be made and that such purpose qualifies for payment from all of the Gas Taxes (or, in the alternative, an Authorized Issuer Officer states that payment of costs associated with such purpose will not violate the Act), and (F) that (1) each obligation, item of cost or expense mentioned therein has been properly incurred, is in payment of a part of the Cost of a Project and is a proper charge against the account of the Construction Fund from which payment is to be made and has not been the basis of any previous disbursement or payment, or (2) each obligation, item of cost or expense mentioned therein has been paid by the County, is a reimbursement of a part of the Cost of a Project, is a proper charge against the account of the Construction Fund from which payment is to be made, has not been theretofore reimbursed to the County or otherwise been the basis of any previous disbursement or payment and the County is entitled to reimbursement thereof. The Clerk shall retain all such certificates of the Authorized Issuer Officers for such period of time as required by applicable law. The Clerk shall make available the documents and/or certificates at all reasonable times for inspection by any Holder of any of the Series 2003 Bonds or the agent or representative of any Holder of any of the Series 2003 Bonds. Notwithstanding any of the other provisions of the Resolution, to the extent that other moneys are not available therefor, amounts in an account of the Construction Fund with respect to any Series of Bonds shall be applied to the payment of principal and interest on such Series of Bonds when due. The date of completion of acquisition and construction of a Project shall be determined by the Authorized Issuer Officer who shall certify such fact in writing to the Governing Body. Promptly after the date of the completion of a Project, and after paying or making provisions for the payment 11 of all unpaid items of the Cost of such Project, the County shall deposit in the following order of priority any balance of moneys remaining in the Construction Fund in (A) another account of the Construction Fund for which the Authorized Issuer Officer has stated that there are insufficient moneys present to pay the cost of the related Project, (B) the Reserve Account to the extent of a deficiency therein, and (C) such other fund or account established under the Resolution as shall be determined by the Board, provided the County 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 Series 2003 Bonds from gross income for purposes of federal income taxation. Reserve Account Pursuant to the Resolution, upon delivery of the Series 2003 Bonds, the County shall deposit to the Reserve Account a reserve account surety bond issued by (the "Reserve Account Insurance Policy"). See "RESERVE ACCOUNT INSURANCE POLICY" herein. See "BOND INSURANCE POLICY" herein for information about The amount of such Reserve Account Insurance Policy is equal to $ , which is equal to the Reserve Account Requirement with respect to the Series 2003 Bonds (the "Reserve Account Requirement"). The Reserve Account may be used to secure Additional Bonds issued pursuant to the Resolution. Alternatively, the County reserves the right to establish separate subaccounts in the Reserve Account for any Series of Additional Bonds for the purpose of securing such Series only. In that case, such Series of Additional Bonds would not be secured by the Reserve Account which secured the Series 2003 Bonds. Disposition of Gas Tax Revenues (A) The County shall promptly deposit upon receipt from the State the Gas Taxes and any additional gas taxes pledged under the Resolution pursuant to a Supplemental Resolution into the Restricted Revenue Account. The moneys in the Restricted Revenue Account shall be deposited or credited on or before the 25th day of each month, commencing in the month immediately following delivery of any of the Series 2003 Bonds to the purchasers thereof, or such later date as provided in the Resolution, in the following manner and in the following order of priority: (1) Interest Account. The County shall deposit or credit to the Interest Account the sum which, together with the balance in said Account, shall equal the interest on all Bonds Outstanding accrued and unpaid and to accrue to the end of the then current calendar month. Moneys in the Interest Account shall be applied by the County for deposit with the Paying Agents to pay the interest on the Bonds on or prior to the date the same shall become due. The County shall adjust the amount of the deposit to the Interest Account not later than a month immediately preceding any Interest Date so as to provide sufficient moneys in the Interest Account to pay the interest on the Bonds coming due on such Interest Date. No further deposit need be made to the Interest Account when the moneys therein are equal to the interest coming due on the Outstanding Bonds on the next succeeding Interest Date. (2) Principal Account. Commencing no later than the month which is one year prior to the first principal due date, the County shall next deposit into the Principal Account the sum which, together with the balance in said Account, shall equal the principal amounts on all Bonds Outstanding due and unpaid and that portion of the principal next due which would have accrued on such Bonds during the then current calendar month if such principal amounts were deemed to accrue monthly (assuming that a year consists of 12 equivalent calendar months having 30 days each) except for the Amortization Installments to be deposited pursuant to the Resolution in equal amounts from the next preceding principal payment due date, or, 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 County for deposit with the Paying Agents to pay the 12 principalo f the Bonds on or prior to the date the same shall mature, and for no other purpose. The County shall adjust the amount of the deposit to the Principal Account not later than the month immediately preceding any principal payment date so as to provide sufficient moneys in the Principal Account to pay the principal on Bonds becoming due on such principal payment date. No further deposit need be made to the Principal Account when the moneys therein are equal to the principal coming due on the Outstanding Bonds on the next succeeding principal payment date. (3) Bond Amortization Account. Commencing in the month which is one year prior to the first Amortization Installment due date, there shall be deposited to theBo nd Amortization Account the sum which, together with the balance in such Account, shall equal the Amortization Installments on all Bonds Outstanding due and unpaid and that portion of the Amortization Installments of all Bonds Outstanding next due which would have accrued on such Bonds during the then current calendar month if such Amortization Installments were deemed to accrue monthly (assuming that a year consists of 12 equivalent calendar months having 30 days each) in equal amounts from the next preceding Amortization Installment due date, or, if there is no such preceding Amortization Installment due date, from a date one year preceding the due date of such Amortization Installment. Moneys in the Bond Amortization Account shall be used to purchase or redeem Term Bonds in the manner provided in the Resolution, and for no other purpose. The County shall adjust the amount of the deposit to the Bond Amortization Account on the month immediately preceding any Amortization Installment date so as to provide sufficient moneys in the Bond Amortization Account to pay the Amortization Installments becoming due on such date. Payments to the Bond Amortization Account shall be on parity with payments to the Principal Account. Amounts accumulated in the Bond Amortization Account with respect to any Amortization Installment (together with amounts accumulated in the Interest Account with respect to interest, if any, on the Term Bonds for which such Amortization Installment was established) may be applied by the County, on or prior to the 60th day preceding the due date of such Amortization Installment, (a) to the purchase of Term Bonds of the Series and maturity for which such Amortization Installment was established, or (b) to the redemption at the applicable Redemption Prices of such Term Bonds, if then redeemable by their terms. Amounts in the Bond Amortization Account which are used to redeem Term Bonds shall be credited against the next succeeding Amortization Installment which shall become due on such Term Bonds. The applicable Redemption Price (or principal amount of maturing Term Bonds) of any Term Bonds so purchased or redeemed shall be deemed to constitute part of the Bond Amortization Account until such Amortization Installment date, for the purposes of calculating the amount of such Account. As soon as practicable after the 60th day preceding the due date of any such Amortization Installment, the County shall proceed to call for redemption on such due date, by causing notice to be given as provided in the Resolution, Term Bonds of the Series and maturity for which such Amortization Installment was established (except in the case of Term Bonds maturing on a Amortization Installment date) in such amount as shall be necessary to complete the retirement of the unsatisfied balance of such Amortization Installment. The County shall pay out of the Bond Amortization Account and the Interest Account to the appropriate Paying Agents, on or before the day preceding such redemption date (or maturity date), the amount required for the redemption (or for the payment of such Term Bonds then maturing), and such amount shall be applied by such Paying Agents to such redemption (or payment). All expenses in connection with the purchase or redemption of Term Bonds shall be paid by the County from the Restricted Revenue Account. (4) Reserve Account. There shall be deposited to the Reserve Account an amount which would enable the County to restore the funds on deposit in the Reserve Account to an amount equal to the Reserve Account 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 13 Account Insurance Policy). On or prior to each principal payment date and Interest Date for the Bonds (in no event earlier than the 25th day of the month next preceding such payment date), moneys in the Reserve Account shall be applied by the County to the payment of the principal of or Redemption Price, if applicable, and interest on the Bonds to the extent moneys in the Interest Account, the Principal Account and the Bond Amortization Account shall be insufficient for such purpose. Whenever there shall be surplus moneys in the Reserve Account by reason of a decrease in the Reserve Account Requirement or as a result of a deposit in the Reserve Account of a Reserve Account Insurance Policy or a Reserve Account Letter ofCre dit, such surplus moneys, to the extent practicable, shall be deposited by the County into the Unrestricted Revenue Account. The County shall promptly inform each Insurer of any draw upon the Reserve Account for purposes of paying the principal of and interest on the Bonds. Upon the issuance of any Series of Bonds under the terms, limitations and conditions as provided in the Resolution, the County shall fund the Reserve Account in an amount at least equal to the Reserve Account Requirement. Such required amount,if any, shall be paid in full or in part from the proceeds of such Series of Bonds or may be accumulated in equal monthly payments to the Reserve Account over a period of months from the date of issuance of such Series of Bonds, which shall not exceed 36 months. In the event moneys in theRe serveAcc ount are accumulated as provided above, (a) the amount in said Reserve Account on the date of delivery of the Additional Bonds shallno t be less than the Reserve Account Requirement on allB onds Outstanding (excluding the Additional Bonds) on such date, and (b) the incremental difference between the Reserve Account Requirement on all Bonds Outstanding (excluding the Additional Bonds) on the date of delivery of the Additional Bonds and the Reserve Account Requirement on all such Series 2003 Bonds and the Additional Bonds shall be 50% funded upon delivery of the Additional Bonds. Notwithstanding the foregoing provisions, in lieuo f or in substitution of the required deposits into the Reserve Account, the County may cause to be deposited into the Reserve Account a Reserve Account Insurance Policy for the benefit of the Bondholders in an amount equal to the difference between the Reserve Account Requirement applicable thereto and the sums then on deposit in the Reserve Account, if any. The County may also substitute a Reserve Account Insurance Policy for cash on deposit in the Reserve Account upon compliance with the terms of the Resolution. In the event the Reserve Account contains both a Reserve Account Insurance Policy and cash and separate subaccounts have not been established in the Reserve Account, the cash shall be drawn down completely prior to any draw on the Reserve Account Insurance Policy. In the event more than one Reserve Account Insurance Policy is on deposit in the Reserve Account, amounts required to be drawn thereon shall be done on a pro-rata basis. The County agreed in the Resolution to pay all amounts owing in regard to any Reserve Account Insurance Policy from the Pledged Funds. Pledged Funds shall be applied in accordance with the Resolution, first, to reimburse the issuer of the Reserve Account Insurance Policy for amounts advanced under such instruments, second, replenish any cash deficiencies in the Reserve Account, and, third, to pay the issuer of the Reserve Account Insurance Policy interest on amounts advanced under such instruments. The Resolution shall not be discharged or defeased while any obligations are owing in regard to a Reserve Account Insurance Policy on deposit in the Reserve Account. The County agreed in the Resolution not to optionally redeem Bonds unless all amounts owing in regard to a Reserve Account Insurance Policy on deposit in the Reserve Account have been paid in full. Any consent or approval of any Insurer described in the Resolution shall be required only so long as there are Outstanding Bonds secured by a Bond Insurance Policy issued by such Insurer which is in full force and effect and the commitments of which have been honored by such Insurer. The term "Paying Agent" as used in the Resolution for this purpose may include one or more Paying Agents for the Outstanding Bonds. 14 Whenever the amount of cash in the Reserve Account, together with the other amounts in the Debt Service Fund, are sufficient to fully pay all Outstanding Bonds in accordance with their terms (including principal or applicable Redemption Price and interest thereon), the funds on deposit in the Reserve Account may be transferred to the other Accounts of the Debt Service Fund for the payment of the Bonds. The County may also establish a separate subaccount in the Reserve Account for any Series of Bonds and provide a pledge of such subaccount to the payment of such Series of Bonds apart from the pledge provided in the Resolution. To the extent a Series of Bonds is secured separately by a subaccount 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 AccountR equirement relating to such separate subaccount of the Reserve Account at such level as the County deems appropriate. Moneys shall be deposited in the separate subaccounts in the Reserve Account on a pro-rata basis. In the event the County shall maintain a Reserve Account Insurance Policy and moneys in such subaccount, the moneys shall be used prior to making any disbursements under such Reserve Account Insurance Policy. (5) Unrestricted Revenue Account. The balance of any moneys after the deposits required as heretofore described may be transferred, at the discretion of the County, to the Unrestricted Revenue Account or any other appropriate fund or account of the County and may be used for any lawful purpose. (B) Whenever moneys on deposit in the Debt Service Fund are sufficient to fully pay all Outstanding Bonds in accordance with their terms (including principal or applicable Redemption Price and interest thereon), no further deposits to the Debt Service Fund need be made. If on any payment date the Gas Tax Revenues are insufficient to deposit the required amount in any of the funds or accounts or for any of the purposes provided above, the deficiency shall be made up on the subsequent payment dates. The County, in its discretion, may use moneys in the Principal Account and the Interest Account to purchase or redeem Bonds coming due on the next principal payment date, provided such purchase or redemption does not adversely affect the County's ability to pay the principal or interest coming due on such principal payment date on the Bonds not so purchased or redeemed. Additional Bonds No Additional Bonds, payable on a parity with the Series 2003 Bonds then Outstanding pursuant to the Resolution, shall be issued except upon the conditions and in the manner provided in the Resolution. The County may issue one or more Series of Additional Bonds for any one or more of the following purposes: (i) financing the Cost of a Project, or the completion thereof, or (ii) refunding any or all Outstanding Bonds or of any Subordinated Indebtedness of the County. No such Additional Bonds shall be issued unless the following conditions are complied with: (A) Except as otherwise provided in the Resolution, there shall have been obtained and filed with the County a statement of an Authorized Issuer Officer: (1) stating that the books and records of the County relating to the Gas Tax Revenues and Investment Earnings have been examined by him; (2) setting forth the amount of the Gas Tax Revenues and Investments Earnings which have been received by the County during any 12 consecutive months designated by the County 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 15 and Investment Earnings received during the aforementioned 12 month period equals at least __ times the Maximum Annual Debt Service on all Bonds then Outstanding and such Additional Bonds with respect to which such statement is made. (B) In the event the County, by Supplemental Resolution, extends the pledge of the Gas Tax Revenues created pursuant to the Resolution to include additional gas tax and such additional gas tax was not in effect during all or a portion of the applicable 12 consecutive month period described in (A) above, then for the purposes of determining whether there are sufficient Gas Tax Revenues to meet the coverage test specified in (A) above, the Authorized Issuer Officer shall adjust the amount of Gas Tax Revenues which were received during the applicable 12 consecutive month period to take into account the additional amount of Gas Tax Revenues such additional gas tax would have generated 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 (A) above is made and such additional gas tax will remain in effect at least until the final maturity of the Bonds Outstanding at the time of issuance of the Additional Bonds. In the event the County releases any Gas Tax Revenues pursuant to the Resolution, then for the purpose of determining whether there are sufficient Gas Tax Revenues to meet the coverage tests specified in the Resolution, the Authorized Issuer Officer shall assume that such released amount of the Gas Tax Revenues was not in effect during the applicable 12 consecutive month period. (C) In the event the County shall enter into any agreement relating to, or any amendment of, the Interlocal Agreements adjusting the County's proportionate share of Gas Tax Revenues and such new proportionate share of Gas Tax Revenues was not in effect during all or a portion of the applicable 12 consecutive month period described in (A) above, then for the purpose of determining whether there are sufficient Gas Tax Revenues to meet the coverage test specified in (A) above, the Authorized Issuer Officer shall adjust the amount of Gas Tax Revenues which were received during the applicable 12 consecutive month period to reflect the amount of Gas Tax Revenues the County would have received over such 12 consecutive month period had the County's share of Gas Tax Revenues been distributed based on its new proportionate share. (D) For the purpose of determining the Debt Service in this subsection, the interest rate on additional parity Variable Rate Bonds then proposed to be issued shall be deemed to be the Bond Buyer Revenue Bond Index most recently published prior to the sale of such Additional Bonds. (E) For the purpose of determining the Debt Service in this subsection, the interest rate on Outstanding Variable Rate Bonds shall be deemed to be (1) if such Variable Rate Bonds have been Outstanding for at least 24 months prior to the date of sale of such Additional Bonds, the highest average interest rate borne by such Variable Rate Bonds for any 30-day period, or (2) if such Variable Rate Bonds have not been Outstanding for at least 24 months prior to the date of sale of such Additional Bonds, the Bond Buyer Revenue Bond Index most recently published prior to the sale of such Additional Bonds. (F) Additional Bonds shall be deemed to have been issued pursuant to the Resolution the same as the Outstanding Bonds, and all other covenants and other provisions of the Resolution (except as to details of such Additional Bonds inconsistent therewith) shall be for the equal benefit, protection and securing of the Holders of all Bonds issued pursuant to the Resolution. Except as described in the Resolution, all Bonds regardless of the time or times of their issuance, shall rank equally with respect to their lien on the Pledged Funds and their sources and security for payment therefrom without preference of any Bonds over any other. (G) In the event any Additional Bonds are issued for the purpose of refunding any Bonds then Outstanding, the conditions of this subsection shall not apply, provided that the issuance of 16 such Additional Bonds shall result in a reduction of aggregate debt service. The conditions of (A) above 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. Subordinated Indebtedness The County will not issue any other obligations, except under the conditions and in the manner provided in the Resolution, payable from the Pledged Funds (or any portion thereof) or voluntarily create or cause to be created any debt, lien, pledge, assignment, encumbrance or other charge having priority to or being on a parity with the lien thereon in favor of the Bonds and the interest thereon. The County may at any time or from time to time issue evidences of indebtedness payable in whole or in part out of the Pledged Funds and which may be secured by a pledge of such Pledged Funds; provided, however, that such pledge shall be, and shall be expressed to be, subordinated in all respects to the pledge of the Pledged Funds created by the Resolution. The County shall have the right to covenant with the holders from time to time of any Subordinated Indebtedness to add to the conditions, limitations and restrictions under which any Additional Bonds may be issued pursuant to the Resolution. The County agrees to pay promptly any Subordinated Indebtedness as the same shall become due. Books and Records The County will keep books and records of the receipt of the Gas Tax Revenues in accordance with generally accepted accounting principles, and Holder or Holders of Series 2003 Bonds shall have the right at all reasonable times to inspect the records, accounts and data of the County relating thereto. Collection of Gas Tax Revenues; No Impairment The County covenants to do all things necessary on its part to maintain its eligibility to receive the full amount of Gas Tax Revenues which are required by the Act. The County will proceed diligently to perform legally and effectively all steps required on its part in the levy and collection of Gas Tax Revenues and shall exercise all legally available remedies to enforce such collections now or hereafter available under State law. The pledging of the Pledged Funds in the manner provided in the Resolution shall not be subject to repeal, modification or impairment by any subsequent ordinance, resolution or other proceedings of the Governing Body, except as otherwise provided in the Resolution. Accession of Subordinated Indebtedness to Parity Status with Bonds The County may provide for the accession of Subordinated Indebtedness to the status of complete parity with the Bonds, if (A) the County shall meet all the requirements imposed upon the issuance of Additional Bonds by the Resolution, assuming, for purposes of said requirements, that such Subordinated Indebtedness shall be Additional Bonds, and (B) the Reserve Account, upon such accession, shall contain an amount equal to the Reserve Account Requirement in accordance with the Resolution. If the aforementioned conditions are satisfied, the Subordinated Indebtedness shall be deemed to have been issued pursuant to the Resolution the same as the Outstanding Bonds, and such Subordinated Indebtedness shall be considered Bonds for all purposes provided in the Resolution. 17 Investments Moneys on deposit in the Construction Fund, the Restricted Revenue Account and the Debt Service Fund shall be continuously secured in the manner by which the deposit of public funds are authorized to be secured by the laws of the State. Moneys on deposit in the Construction Fund, the Restricted Revenue Account and the Debt Service Fund, other than the Reserve Account, may be invested and reinvested in Authorized Investments maturing not later than the date on which the moneys therein will be needed for the purposes of such fund or account. Moneys on deposit in the Reserve Account may be invested or reinvested in Authorized Investments which shall mature no later than __ years from the date of investment. All investments shall be valued at cost; [provided, that the amounts on deposit in the Reserve Account shall be valued at the market price thereof. Investments in the Reserve Account shall be valued by the County on an amount basis of March I of each year.] Any and all income received by the County from the investment of moneys in each account of the Construction Fund, the Interest Account, the Restricted Revenue Account and the Reserve Account (to the extent such income and the other amounts in the Reserve Account does not exceed the Reserve Account Requirement applicable thereto), shall be retained in such respective Fund or Account. Any and all income received by the County from the investment of moneys in the Reserve Account (only to the extent such income and other amounts in the Reserve Account exceeds the Reserve Account Requirement), the Principal Account and the Bond Amortization Account shall be deposited in the Interest Account. Nothing contained in the Resolution prevents any Authorized Investments acquired as investments of or security for funds held under the Resolution from being issued or held in book- entry form on the books of the Department of the Treasury of the United States. Separate Accounts The moneys required to be accounted for in each of the funds, accounts and subaccounts established in the Resolution may be deposited in a single, non-exclusive bank account, and funds allocated to the various funds, accounts and subaccounts established in the Resolution may be invested in a common investment pool, provided that adequate accounting records are maintained to reflect and control the restricted allocation of the moneys on deposit therein and such investments for the various purposes of such funds, accounts and subaccounts as provided in the Resolution. The designation and establishment of the various funds, accounts and subaccounts in and by the Resolution shall not be construed to require the 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 provided in the Resolution. Amendment of Resolution without Consent of Bondholders Certain amendments to the Resolution are permitted without Bondholder consent with the prior written consent of the Insurer or Insurers of Bonds, provided that such insured Bonds, at the time of the adoption of the amendment, shall be rated by the rating agencies which shall have rated the Bonds at the time such Bonds were insured no lower than the ratings assigned thereto by such rating agencies on the date of being insured. See "APPENDIX C - FORM OF THE RESOLUTION" attached hereto. 18 Control by Insurer in Case of Event of Default Upon the occurrence and continuance of an Event of Default, each Insurer, if such Insurer has not failed to comply with its payment obligations under its Bond Insurance Policy, shall be deemed to be the sold Holder of the Bonds it insures for purposes of (A) directing and controlling the enforcement of all rights and remedies with respect to such Series of Bonds, any waiver of an Event of Default and removal of any trustee, and (B) exercising certain voting rights or privileges or giving certain consents or directions or taking certain other actions. See "APPENDIX C - FORM OF THE RESOLUTION" attached hereto. GAS TAX REVENUES General The "Gas Tax Revenues" consist of revenues derived by the County from four separate taxes referred to in the Resolution as the "Seventh Cent Gas Tax," the "Ninth Cent Gas Tax," the "Five Cents Local Option Gas Tax" and the "Six Cents Local Option Gas Tax," and any other gas tax imposed and/or received by the County which is specifically pledged by the County pursuant to the Resolution or a Supplemental Resolution. Each of the current components of the Gas Tax Revenues is described herein. Historical Gasoline Sales in the County The volume of motor and special fuel sold in the County is set forth below for the years indicated: HISTORICAL NUMBER OF TAXABLE GALLONS SOLD(" State Fiscal Year Total Taxable Ended June 30 Motor Fuel Diesel Fuel Gallons 1997 98,360,148.3 9,875,959.9 108,236,108.2 1998 102,359,831.5 10,105,725.0 112,465,556.5 1999 107,621,218.2 11,164,098.3 118,785,316.5 2000 115,012,511.1 11,689,949.1 126,702,460.2 2001 119,469,969.5 11,850,377.5 131,320,347.0 2002 Source: Florida Department of Revenue. (1) The number of gallons shown Revenues are derived. represents fuel from which components of the Gas Tax Seventh Cent Gas Tax In General. In addition to other taxes, the State imposes a tax of one-cent per net gallon of motor fuel, which tax is statutorily designated as the "County Fuel Tax." "Motor fuel" is "all gasoline products or any product blended with gasoline or any fuel placed in the storage supply tank of a gasoline-powered motor vehicle." TheCo unty Fuel Tax is referred to in theRe solution as the "Seventh Cent Gas Tax." 19 Collection and Distribution. The Florida Department of Revenue ("FDOR") is responsible for collecting the County Fuel Tax and, after deducting the expenses of collection, administration, enforcement and distribution (limited to 2% of collections) and after deducting a 7.3% service charge to the GeneralR evenue Fund of the State of Florida, FDOR is required to divide the proceeds of the tax and distribute the same to counties in the State on a monthly basis. The formula for distribution for the County Fuel Tax is as follows: follows: First, the distribution factor for each county is calculated on an annual basis as 1/4 x County Area State Area + 1/4 x County Population State Population + 1/2 x Number of Motor Fuel Gallons Sold In County Number of Motor Fuel Gallons Sold Statewide = County's Distribution Factor 2. Second, the monthly allocation for each county is calculated as follows: Monthly Statewide County Fuel Tax Receipts County's County's x Distribution Factor -- Monthly Allocation Thus, changes in relative population and in absolute and relative motor fuel sales will affect the amount of County Fuel Tax distributable to a county. Eligibility. All counties are eligible to receive County Fuel Tax revenues. Use of Revenue. County Fuel Tax revenues may be used solely for the acquisition of rights-of-way; the construction, reconstruction, operation, maintenance and repair of transportation facilities, roads, and bridges therein; or the reduction of bonded indebtedness incurred by a county (or special road and bridge districts within such county) for road and bridge or other transportation purposes. Statewide Collection Data. The following table summarizes County Fuel Tax distributions to Florida counties for the fiscal years of the State ended June 30, 1992 through June 30, 2001, as reported by FDOR. [Remainder of page intentionally left blank] 20 STATE OF FLORIDA HISTORICAL COUNTY FUEL TAX REVENUES State Fiscal Year Total Amount Percentage Ended Distributed to Increase June 30 the Counties (Decrease) 1992 $46,707,321 -- 1993 50,974,465 9.1% 1994 47,863,900 (6.1) 1995 60,270,623 25.9 1996 59,269,152 (1.7) 1997 59,427,474 0.3 1998 62,247,550 4.7 1999 70,111,057 12.6 2000 80,216,521 14.4 2001 79,248,371 (1.2) 2002 Source: Florida Department of Revenue Collier County Revenue Data. The following table sets forth historical Seventh Cent Gas Tax revenues for the fiscal years ended September 30, 1993 through 2002. COLLIER COUNTY, FLORIDA HISTORICAL SEVENTH CENT GAS TAX REVENUES County Fiscal Year Seventh Cent Percentage Ended Gas Tax Increase September 30 Revenues Received(~) (Decrease) 1993 $900,604 -- 1994 860,255 (4.5%) 1995 1,101,818 28.1 1996 1,065,934 (3.3) 1997 1,099,100 3.1 1998 1,164,741 6.0 1999 1,363,814 17.1 2000 1,442,775 5.8 2001 1,511,029 4.7 2002 1,642,793® 8.7 Source: Collier County Finance Department (1) Unaudited. (2) Unaudited interim result subject to adjustment as more complete results become available and as the County's financial statements are subjected to a year-end audit. Ninth Cent Gas Tax 21 In General. In addition to other taxes, each county may impose a tax of one cent per net gallon of motor fuel sold within the county's iurisdiction. The tax may be levied by either an extraordinary vote of the membership of the county's governing body or pursuant to voter approval in a county-wide election. In addition, a tax of one cent per gallon is required to be levied in each county on every net gallon of diesel fuel sold within the county regardless of whether the county is levying the tax on motor fuel. These taxes are collectively referred to as the "Ninth Cent Fuel Tax" and are referred to in the Resolution as the "Ninth Cent Gas Tax." Thirty-nine of Florida's sixty- seven counties levy the Ninth Cent Fuel Tax on motor fuel. Counties are not required to, but they may, share the revenue received from the Ninth Cent Fuel Tax with municipalities. [The County does not share such revenue with the City of Everglades, the City of Marco Island and the City of Naples.] Collection and Distribution. FDOR collects the Ninth Cent Fuel Tax and deposits the revenues in the Ninth Cent Fuel Tax Trust Fund. The 7.3% General Revenue Fund service charge does not apply to the Ninth Cent Fuel Tax Trust Fund, although a 0.67% collection allowance is provided for certain suppliers and wholesalers. In addition, FDOR is authorized to deduct certain administrative costs from the Ninth Cent Fuel Tax Trust Fund. The administrative cost deduction is limited to 2% of total collections. Proceeds of the Ninth Cent Fuel Tax are distributed monthly. Eligibility. There are no special eligibility requirements for counties wishing to levy the Ninth Cent Fuel Tax. Use of Revenue. Proceeds of the Ninth Cent Fuel Tax flow through the Local Option Fuel Tax Trust Fund and may be used solely for the purpose of paying the costs and expenses of establishing, operating and maintaining a transportation system and related facilities, and the cost of acquisition, construction, reconstruction and maintenance of road and streets. Collier County Collection Data. The County has imposed the Ninth Cent Fuel Tax since June 1, 1980, and the levy of the tax will expire on June 1, 2010, but it can be extended by the County. See "FUTURE VALIDATION" herein for a discussion concerning the possible extension of the Ninth Cent Gas Tax in the future. [As previously noted, the County has not entered into an interlocal agreement with any municipality for the sharing of the Ninth Cent Gas Tax revenues.] [Remainder of page intentionally left blank] 22 The table below sets forth the amount of Ninth Cent Gas Tax revenues received by the County for the fiscal years ended September 30, 1993 through 2002. COLLIER COUNTY, FLORIDA NINTH CENT GAS TAX REVENUES Fiscal Year Ninth Cent Percentage Ended Gas Tax Increase September 30 Revenues Received(~) (Decrease) 1993 $973,944 -- 1994 982,579 0.9% 1995 1,006,286 2.4 1996 1,065,750 5.9 1997 1,043,736 (2.1) 1998 1,149,120 10.1 1999 1,192,823 3.8 2000 1,273,616 6.8 2001 1,309,818 2.8 2002 1,420,292(2) 8.4 Source: Collier County Finance Department (1) Unaudited. (2) Unaudited interim result subject to adjustment as more complete results become available and as the County's financial statements are subjected to a year-end audit. Six Cents Local Option Gas Tax and Five Cents Local Option Gas Tax In General. Each county in the State is authorized to levy a tax, statutorily referred to as the "Local Option Fuel Tax," of between one cent and eleven cents per net gallon on motor fuel sold in such county in the form of two separate levies. The first levy is a tax of one to six cents and may be authorized in a county by an ordinance adopted by a majority vote of the governing body of a county or by voter approval in a county-wide referendum. The County levies all six cents which levy was approved by the Gas Tax Ordinances. All of Florida's sixty-seven counties levy this portion of the Local Option Fuel Tax with sixty-four of the counties levying at the maximum rate of six cents. This portion of the Local Option Fuel Tax is referred to in the Resolution and herein as the "Six Cents Local Option Gas Tax." The definition of Six Cents Local Option Gas Tax in the Resolution includes any additional local option gas tax revenues hereafter available pursuant to the Act and pledged by the County pursuant to Supplemental Resolution. The second levy is a tax of one to five cents which may be authorized in a county by an ordinance adopted by a majority plus one vote of the governing body of a county or by voter approval in a county-wide referendum. The County levies all five cents which levy was approved by the Gas Tax Ordinances. This portion of the Local Option Fuel Tax is referred to in the Resolution and herein as the "Five Cents Local Option Gas Tax." The definition of Five Cents Local Option Gas Tax in the Resolution includes any additional local option gas tax revenues hereafter available pursuant to the Act and pledged by the County pursuant to Supplemental Resolution. Since July 1, 1996, each county is statutorily required (previously the levy had been optional) to impose a tax, also referred to as the "Local Option Fuel Tax," of six cents per net gallon on diesel fuel sold in such county. The tax of six cents per net gallon on diesel fuel is automatically levied in each county even though such county may not have imposed a levy on motor fuel at all or is not levying the first one to six cents tax on motor fuel at all or at the full six cents. The term "diesel fuel" 23 means all petroleum distillates commonly known as diesel #2 or any other product blended with diesel or any product placed into the storage supply tank of a diesel-powered motor vehicle. Collection and Distribution. FDOR collects the Local Option Fuel Tax in each county and deposits the proceeds into the State's Local Option Fuel Tax Trust Fund. The Local Option Fuel Tax Trust Fund is subject to a 7.3% charge imposed by the State, representing a share of the cost of general government of the State. This charge is deducted from the Local Option Fuel Tax Trust Fund and is deposited in the General Revenue Fund of the State. In addition, FDOR is authorized to deduct certain administrative costs incurred in collecting, administering, enforcing and distributing the proceeds of such tax to the counties in an amount not to exceed 2% of total collections from the Local Option Fuel Tax Trust Fund. The net proceeds collected from the Local Option Fuel Tax are distributed by FDOR to each eligible county and the eligible municipalities therein according to a distribution formula determined at the local level by interlocal agreement between the county and the municipalities within the county's boundaries representing a majority of the population of the incorporated area within the county. If no interlocal agreement is established, then the distribution is based on the relative transportation expenditures of the county and the municipalities therein for the preceding 5 years. There are three incorporated municipalities in the County, and pursuant to interlocal agreements, the Six Cents Local Option Gas Tax and the Five Cents Local Option Gas Tax revenues are divided among the County and these cities as follows: Recipient Share of Proceeds of Six Cents Local Gas Tax Share of Proceeds of Five Cents Local Gas Tax City of Everglades 0.75% 0.75% City of Marco Island 4.97 5.26 City of Naples 14.19 14.48 Collier County 80.09 79.51 100.00% 100.00% Any newly incorporated municipality located in a county levying a Local Option Fuel Tax is entitled to receive a share of the tax revenues. However, the amounts distributed to a new municipality may not materially or adversely affect the rights of holders of outstanding bonds backed by the Local Option Fuel Tax, and the amounts distributed to the county and each pre-existing municipality may not be reduced below the amount necessary to pay principal and interest and reserves for principal and interest as required under the covenants of any bond resolution outstanding on the date of incorporation of a new municipality. Eligibility. In order to be eligible to receive a distribution of funds from the Local Option Fuel Tax Trust Fund, each county or municipality must have: (i) reported its finances for its most recently completed fiscal year to the State Department of Banking and Finance as required by Florida law; (ii) made provisions for annual postaudits of financial accounts in accordance with provisions of law; (iii) levied, as shown on its most recent financial report, ad valorem taxes, exclusive of taxes levied for debt service or other special millages authorized by the voters, to produce the revenue equivalent to a millage rate of 3 mills on the dollar based upon 1973 taxable values or, in order to produce revenue equivalent to that which would otherwise be produced by such 3 mill ad 24 valorem tax, to have received certain revenues from a county (in the case of a municipality), an occupational license tax, utility tax, or ad valorem tax, or any combination of those four sources; (iv) certified that persons in its employ as law enforcement officers meet certain qualifications for employment, and receive certain compensation; (v) certified that persons in its employ as firefighters meet certain employment qualifications are eligible for certain compensation; (vi) certified that each dependent special district that is budgeted separately from the general budget of such county or municipality has met the provisions for annual postaudit of its financial accounts in accordance with law; and (vii) certified to FDOR that it has complied with certain procedures regarding the establishment of the ad valorem tax millage of the county or municipality as required by law. Any funds otherwise undistributed because of ineligibility of a county or municipality shall be distributed to the eligible governments within the applicable county in proportion to other monies distributed pursuant to Section 336.025, Florida Statutes. Use of Revenue. Generally, county and municipal governments may use monies received from the Local Option Fuel Trust Fund only for transportation expenditures, defined as: (a) public transportation operation and maintenance; (b) roadway and right-oLway maintenance and equipment and structures used primarily for the storage and maintenance of such equipment; (c) roadway and right-of-way drainage; (d) street lighting; (e) traffic signs, traffic engineering, signalization and pavement markings; (f) bridge maintenance and operation; and (g) debt service and current expenditures for transportation capital projects in the foregoing program areas including the construction and reconstruction of roads. Specific to the Five Cent Local Option Gas Tax only, the authorized use of such monies is further limited to transportation expenses included in the capital improvements element of the County's comprehensive plan. Such plan must identify the needed public transportation facility, the estimated facility's costs, including operation and maintenance costs, and that the funding shall come from the Five Cent Local Option Gas Tax. A county or municipality may not issue bonds payable from the Local Option Fuel Tax more frequently than once per year. The County represents that it has been in compliance with the statutory eligibility requirements for the Local Option Fuel Tax in the past and that it covenants to do so in the future. Collier County Revenue Data. The County has levied a Six Cents Local Option Gas Tax since September 1, 1985 and a Five Cents Local Option Gas Tax since January 1, 1994, and it 25 currently levies the Six Cents Local Option Gas Tax of six cents upon every gallon of motor fuel and diesel fuel sold in the County and the Five Cents Local Option Gas Tax of five cents upon every gallon of motor fuel (but not diesel fuel) sold in the County. Under the current Gas Tax Ordinances, the levy of the Six Cents Local Option Gas Tax will expire on August 31, 2015. See "FUTURE VALIDATION" herein for a discussion concerning the possible extension of the Six Cent Local Option Gas Tax in the future. Under the current Gas Tax Ordinances, the levy of the Five Cents Local Option Gas Tax will expire on August 31, 2023, but it can be extended by the County. The following table sets forth the amount of Six Cents Local Option Gas Tax revenues received by the County for the fiscal years ended September 30, 1993 through 2002. COLLIER COUNTY, FLORIDA SIX CENTS LOCAL OPTION GAS TAX REVENUES County Fiscal Year Six Cents Local Ended Option Gas Tax September 30 Revenues Received(~) Percentage Increase (Decrease) 1993 $4,440,674 -- 1994 4,436,660 (0.1%) 1995 4,546,831 2.5 1996 5,118,248 12.6 1997 4,365,244 (14.7) 1998 5,244,625 20.2 1999 4,996,124 (4.7) 2000 5,563,378 11.4 2001 5,813,115 4.5 2002 6,353,390(2) 9.3 Source: Collier County Finance Department (1) Unaudited. (2) Unaudited interim result subject to adjustment as more complete results become available and as the County's financial statements are subjected to a year-end audit. [Remainder of page intentionally left blank] 26 108 The following table sets forth the amount of Five Cents Local Option Gas Tax revenues received by the County for the fiscal years ended September 30, 1993 through 2002. COLLIER COUNTY, FLORIDA FIVE CENTS LOCAL OPTION GAS TAX REVENUES County Fiscal Year Ended September 30 Five Cents Local Option Gas Tax Revenues ReceivedU~ Percentage Increase (Decrease) 1993 $ 0(2) -- 1994 2,532,042® -- 1995 3,651,186 1996 3,854,252 5.6% 1997 3,768,855 (2.2) 1998 3,931,426 4.3 1999 4,023,839 2.4 2000 4,192,302 4.2 2001 4,436,686 5.8 2002 4,830,335(4) 8.9 Source: Collier County Finance Department (1) Unaudited. (2) Collection of the Five Cents Local Option Gas Tax was levied for the first time on January 1, 1994. (3) This amount reflects the partial year revenues received between January 1, 1994 and September 30, 1994. (4) Unaudited interim result subject to adjustment as more complete results become available and as the County's financial statements are subjected to a year-end audit. [Remainder of page intentionally left blank] 27 Aggregate Gas Tax Revenues The table below sets forth the Total Gas Tax Revenues (the sum of the Seventh Cent Gas Tax, the Ninth Cent Gas Tax, the Six Cents Local Option Gas Tax and the Five Cents Local Option Gas Tax), the Total Gas Tax Revenues less the Ninth Cent Gas Tax, and the Total Gas Tax Revenues less the Ninth Cent Gas Tax and less the Six Cents Local Option Gas Tax, all received by the County for the fiscal years ended September 30, 1993 through 2002. COLLIER COUNTY, FLORIDA GAS TAX REVENUES Total Gas Tax Less the Ninth Total Gas Tax Cent Gas Tax Fiscal Year Percentage Percentage Ended Revenues Increase Revenues Increase September 30 Received(~) (Decrease) Received(~) (Decrease) Total Gas Tax Less the Ninth Cent Gas Tax and Less the Six Cents Local Option Gas Tax Percentage Revenues Increase Received(l) (Decrease) 1993 $ 6,315,222 -- $ 5,341,278 19.29% $ 900,604 14.50% 1994(2) 8,811,536 39.5% 7,828,957 46.57 3,392,297 276.67 1995 10,306,121 17.0 9,299,835 18.79 4,753,004 40.11 1996 11,104,184 7.7 10,038,434 7.94 4,920,186 3.52 1997 10,276,935 (7.5) 9,233,199 (8.02) 4,867,955 (1.06) 1998 11,489,912 11.8 10,340,792 12.00 5,096,167 4.69 1999 11,576,600 0.8 10,383,777 0.42 5,387,653 5.72 2000 12,472,071 7.7 11,198,455 7.85 5,635,077 4.59 2001 13,070,648 4.8 11,760,830 5.02 5,947,715 5.55 2002 14,246,810(3) 9.0 12,826,518 9.06 6,473,128 8.83 Source: Collier County Finance Department (1) Unaudited. (2) These revenues received and percentage increases for 1994 reflect the addition of the Five Cents Local Option Gas Tax, which was levied for the first time on January 1, 1994. (3) Unaudited interim result subject to adjustment as more complete results become available and as the County's financial statements are subjected to a year-end audit. [Remainder of page intentionally left blank] 28 The amount of Gas Tax Revenues received by the County is dependent upon numerous factors, including the amount of motor fuel and diesel fuel sold in the State and the County and the population of the County relative to the population of the State. Furthermore, incorporation of additional municipalities within the County and the relative population size of the County and municipalities within the County could affect the amount of Gas Tax Revenues distributable to the County. Most of the factors that affect the amount of Gas Tax Revenues distributable to the County are beyond the control of the County. Pro Forma Debt Service Coverage The following table sets forth pro-forma debt service coverage ratio for the Series 2003 Bonds based on the Gas Tax Revenues received by the County for the fiscal year ended September 30, 2002, and reflecting the currently scheduled expiration of the Ninth Cent Gas Tax in 2010, the currently schedule expiration of the Six Cents Local Option Gas Tax in 2015 based on the currently authorized levies of the Gas Taxes, and the estimated Maximum Annual Debt Service for the Series 2003 Bonds?) PRO-FORMA DEBT SERVICE COVERAGE Applicable Debt Service Period Pro-Forma Maximum Debt Service Applicable Gas Annual Debt Coverage for Tax Revenues Service for the the Applicable (Fiscal Year Applicable Debt Debt Service Ended 09/30/02)(~) Services Period(2) Period(2) Present through June 1, 2010 $14,246,810 $9,497,722.50 1.50x June 2, 2010 through June 1, 2015 $12,826,518 8,550,212.50 1.50x June 2, 2015 through June 1, 2023 $6,473,128 4,312,850.00 1.50x Source: (1) (2) Collier County Finance Department All Applicable Gas Tax Revenues are based on the Gas Tax Revenues received by the County for the fiscal year ended September 30, 2002. The Applicable Gas Tax Revenues for the present through June 1, 2010 are the Total Gas Tax Revenues described herein. The Applicable Gas Tax Revenues for June 2, 2010 through June 1, 2015 are the Total Gas Tax Revenues less the Ninth Cent Gas Tax Revenues. The Applicable Gas Tax Revenues for June 2, 2015 through June 1, 2023 are the Total Gas Tax Revenues less the Ninth Cent Gas Tax Revenues and less the Six Cents Local Option Gas Tax Revenues. Estimated Maximum Annual Debt Service for the Series 2003 Bonds was provided by the Financial Advisor and is structured assuming an estimated principal amount of $106,555,000,an estimated true interest cost rate of 4.09799%, and a final maturity of June 1, 2023. See "DEBT SERVICE SCHEDULE" herein. BOND INSURANCE POLICY The following information under this heading has been furnished by "Insurer") for use in this Official Statement. (the [TO COME] THE INFORMATION RELATING TO THE INSURER CONTAINED ABOVE HAS BEEN FURNISHED BY THE INSURER. NO REPRESENTATION IS MADE BY THE COUNTY OR THE UNDERWRITERS AS TO THE ACCURACY OR ADEQUACY OF SUCH INFORMATION OR THAT 29 THERE HASNO T BEEN ANY MATERIAL ADVERSE CHANGE IN SUCH INFORMATION SUBSEQUENT TO THE DATE OF SUCH INFORMATION. NEITHER THE COUNTY NOR THE UNDERWRITERS HAS MADE ANY INVESTIGATION INTO THE FINANCIAL CONDITION OF THE INSURER, AND NO REPRESENTATION IS MADE AS TO THE ABILITY OF THE INSURER TO MEET ITS OBLIGATIONS UNDER THE BOND INSURANCE POLICY. [RESERVE ACCOUNT INSURANCE POLICY] Concurrently with the issuance of the Series 2003 Bonds, the Insurer will issue its Municipal Bond Debt Service Reserve Account Insurance Policy (the "Reserve Account Insurance Policy") for deposit into the Reserve Account. A general description of the Insurer's financial condition is contained under the heading "MUNICIPAL BOND INSURANCE" herein. A form of the Reserve Account Insurance Policy is attached hereto as "APPENDIX E - FORM OF RESERVE ACCOUNT INSURANCE POLICY." The following information under this heading has been furnished by the Insurer for use in this Official Statement. [TO COME] THE INFORMATION RELATING TO THE INSURER CONTAINED ABOVE HAS BEEN FURNISHED BY THE INSURER. NO REPRESENTATION IS MADE BY THE COUNTY OR THE UNDERWRITERS AS TO THE ACCURACY OR ADEQUACY OF SUCH INFORMATION OR THAT THERE HASNO T BEEN ANY MATERIAL ADVERSE CHANGE IN SUCH INFORMATION SUBSEQUENT TO THE DATE OF SUCH INFORMATION. NEITHER THE COUNTY NOR THE UNDERWRITERS HAS MADE ANY INVESTIGATION INTO THE FINANCIAL CONDITION OF THE INSURER, AND NO REPRESENTATION IS MADE AS TO THE ABILITY OF THE INSURER TO MEET ITS OBLIGATIONS UNDER THE RESERVE ACCOUNT INSURANCE POLICY. [Remainder of page intentionally left blank] 30 ESTIMATED SOURCES AND USES OF FUNDS The table that follows summarizes the estimated sources and uses of funds to be derived from the sale of the Series 2003 Bonds: SOURCES: Principal Amount of Series 2003 Bonds Other Legally Available Moneys% TOTAL SOURCES USES: Deposit to Construction Fund Deposit to Escrow Fund% Costs of Issuance(3) (1) (2) (3) TOTAL USES Represents moneys on deposit in certain of the funds and accounts established with respect to the Prior Bonds. Moneys on deposit in the Escrow Fund shall be used to pay the principal of, redemption premium, and interest on the Prior Bonds. Includes bond insurance policy premium, [reserve account insurance policy premium,] and Underwriters' discount, legal and other professional fees and miscellaneous costs of issuance. [Remainder of page intentionally left blank] 31 Ye ar Ended June i 2O03 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 DEBT SERVICE SCHEDULE Series 2003 Bonds Principal Interest $ $ Annual Debt Service TOTALS $ $ $ [Remainder of page intentionally left blank] 32 INVESTMENT POLICY The moneys held in the funds and accounts under the Resolution may only be invested in Authorized Investments. The investment of surplus funds is currently governed by the provisions of the County's Ordinance No. 87-65 and Resolution No. 95-552 which authorize investments for surplus public funds in the permitted investments described in Section 218.415, Florida Statutes. Pursuant to Resolution No. 95-552, the Clerk of the Circuit Court (the "Clerk") has established a written investment policy for the such surplus funds. The investment policy establishes guidelines as to the type, maturity, composition and risk relating to the County's investment portfolio. [Has the County's investment policy been updated since Resolution No. 95-552?] Permitted investments pursuant to such investment policy include the following: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Florida Local Government Surplus Trust Fund (State Board of Administration ("SBA")); US Government Securities - Direct Obligations; US Federal Agencies - Backed by Full Faith and Credit of US Government; US Federal Instrumentalities - US Federal Agency Securities Not Backed by Full Faith and Credit of US Government, except for Student Loan Marketing Association; Certificates of Deposit - Collateralized with US Government Securities or Federal Agencies; Repurchase Agreements; Fixed Income Mutual Funds - Collatera]ized with US Government Securities or Federal Agencies; Dmnestic Bankers Acceptances - Rated "AA" or higher, and inventory based; Prime Commercial Paper - Rated "A-I" and "P-l," and backed by a letter of credit rated "AA" or higher; Tax-Exempt Obligations - Rated "AA" or higher and issued by state or local governments; Now Account - Fully collateralized in accordance with Chapter 280, Florida Statutes (limited to Depository Bank/Concentration Bank); Variable Rate Securities only if the rate is a straight floating rate that is set in a direct, as opposed to inverse, relationship to a single index; and Mortgage Securities (CMOs) only if they are: a. Issued by US Federal Agencies or US Federal Instrumentalities, b. Pass the Federal Financial Investment Examination Council (FFIEC) test at time of purchase, and c. Have an average life of five (5) years or less and have an absolute final maturity of no more than fifteen (15) years at zero PSA. The term "zero PSA" means that all interest and principal payments are guaranteed to be made by the stated final maturity assuming no prepayments. Specifically prohibited investments include the following: Interest only strips of mortgaged backed securities; Leveraged bonds; ' Structured notes or financings other than mortgage securities that meet the provisions of the investment policy (permit callable and step up coupons); Variable rate securities that set a rate based on an inverse relationship to an index; and Variable rate debt that sets a rate based on more than a single index. 33 The County continues to hold various U.S. Government agency securities, including Federal Home Loan Mortgage Corporation and Federal National Mortgage Association collateralized mortgage obligations that were purchased in 1993. At September 30, 2001, the fair market value of these investments was approximately $5.9 million, which is 1% above cost. [Do we have a more up to date fair market value estimate?] The objective of the investment policy is to match investment cash flow and maturity with known cash needs and anticipated cash flow requirements (i.e., match assets to liabilities) to the extent possible. Investment of funds shall have final maturities of not more than five (5) years, except for: 2. 3. 4. 5. 6. 8o SBA - no stated final maturity; Certificates of Deposit - 1 Year; Repurchase Agreements - 90 Days; Bankers Acceptances - 120 Days; Prime Commercial Paper - 120 Days; Fixed Income Mutual Funds - no stated final maturity. However, underlying US Government Securities and Federal Agencies have average maturity of i year; Mortgage Securities - average life of 5 years or less and have an absolute final maturity of no more than 15 years at zero PSA; and US Government Securities and Federal Agencies deposited into an escrow account in connection with the refunding of a County bond issue can have a final maturity of more than 5 years. Mortgage securities shall not be used to match liabilities that are reasonably definable as to amount and disbursement date. Mortgage securities can only be used to invest funds associated with reserves or liabilities that are not associated with a specifically identified cash flow schedule. Mortgage securities can be used to prudently enhance the return on the portfolio. Any and all exceptions to the investment policy require a vote of the majority of Board. Furthermore, the Board may revise the aforementioned investment policy from time to time. LEGAL MATTERS Certain legal matters in connection with the issuance of the Series 2003 Bonds are subject to an approving legal opinion of Nabors, Giblin & Nickerson, P.A., Tampa, Florida, Bond Counsel, whose approving opinion (a form of which is attached hereto as "APPENDIX F - FORM OF BOND COUNSEL OPINION") will be available at the time of delivery of the Series 2003 Bonds. Certain legal matters will be passed on for the County by David C. Weigel, Esq., County Attorney, and Bryant, Miller and 0live, P.A., Tampa, Florida, Disclosure Counsel. Schifino & Fleischer, Tampa, Florida, is acting as counsel to the Underwriters. Bond Counsel has not been engaged to, nor has it undertaken to, review (1) the accuracy, completeness or sufficiency of this Official Statement or any other offering material relating to the Series 2003 Bonds; provided, however, that Bond Counsel will render an opinion to the Underwriters of the Series 2003 Bonds (upon which opinion only the Underwriters may rely) relating to the fairness of the presentation of certain statements contained herein under the heading "TAX EXEMPTION" and certain statements which summarize provisions of the Resolution, the Series 2003 Bonds, and federal tax law, and (2) the compliance with any federal or state law with regard to the sale or distribution of the Series 2003 Bonds. 34 FUTURE PLANS TO ADD SECURITY Pursuant to the Resolution, the County may in the future add additional gas taxes to the Gas Tax Revenues pledged to secure the Series 2003 Bonds. See "APPENDIX C -- Form of Resolution," "SECURITY FOR THE BONDS - General" herein and "SECURITY FOR THE BONDS - Amendment of Resolution without Consent of Bondholders" herein. Article XII, Section 9(c) of the Constitution of the State of Florida and Section 206.41, Florida Statutes, an excise or license tax of two cents is imposed on each net gallon of motor fuel first sold in, removed from or brought into the State of Florida (as referred to herein as the "Constitutional Fuel Tax"). The County anticipates that it will issue Additional Bonds pursuant to the Resolution in the approximate amount of $ in the calendar year 2004, and in connection therewith that it will add the Constitutional Fuel Tax revenues it receives to the "Gas Tax Revenues" pledged to secure the Bonds pursuant to the Resolution. Presently, no proceeds of the Constitutional Fuel Tax are pledged to the Bonds. The Florida Statutes do not explicitly authorize a county to pledge as a source of security for a bond issue the Constitutional Fuel Tax it receives from the State. Although the County has no reason to believe it may occur, it is possible that the Florida Legislature could amend the statutorily authorized uses of the Constitutional Fuel Tax to restrict the uses of the moneys, including without limitation a prohibition for use of those funds to make debt service payments on local indebtedness such as the Bonds. If the Legislature did attempt to take such action, the County would vigorously challenge such an action on the grounds of "impairment of contract" under the Florida Constitution. However, it is unclear as to whether the County would be successful on such a challenge. The County is not aware of any prior action of the Florida Legislature that has ever jeopardized the making of debt service payments on local indebtedness such as the Bonds. Nevertheless, there can be no assurance given to the holders of any Series 2003 Bonds that the Florida Legislature will not amend the Act in some manner which would have the affect of repealing, impairing or amending the rights of the holders of such Series 2003 Bonds with respect to the Constitutional Fuel Tax revenues, all or some portion of which the County may add to the Gas Tax Revenues pledged to secure the Bonds. Again, no portion of the Constitutional Fuel Tax is pledged to the Bonds, so the risk described in this paragraph is irrelevant unless and until it is added as security in the future. The County is under no obligation to add the Constitutional Fuel Tax it receives as security for the Bonds. FUTURE VALIDATION Subsequent to delivery of the Series 2003 Bonds, it is anticipated that the Board will consider enacting an ordinance that extends the Ninth Cent Gas Tax and the Sixth Cent Gas Tax. Assuming that the Board extends either or both levies, the County anticipates that it will issue Additional Bonds pursuant to the Resolution in the approximate amount of $ in the calendar year 2004. Prior to issuance of such Additional Bonds, if the Sixth Cent Gas Tax is extended, the County intends to file ab ond validation under Chapter 75, Florida Statutes, to validate such Additional Bonds and the source of security therefore, and in particular, the issue as to whether the County can extend the Sixth Cent Gas Tax beyond 30 years from the initial date of the levy. The debt service payments for the Series 2003 Bonds, however, will be structured so that the County is not depending on the extensions of the Sixth Cent Gas Tax or the Ninth Cent Gas Tax to make any of the debt service payments on the Series 2003 Bonds. 35 Chapter 75, Florida Statutes, provides that any final judgment in a bond validation proceeding is forever conclusive as to all matters adjudicated against plaintiff and all parties affected thereby (which may include any taxes or revenues affected, including the extension of the Sixth Cent Gas Tax). The validity of bonds, or of any taxes or revenues pledged for the payment thereof, that have been validated pursuant to Chapter 75, Florida Statutes, shall never be called into question in any court by any person or party. Judgments of validation, however, are not conclusive or binding as to matters collateral to the issuance of the subject bonds or obligations, or not directly affecting the validity thereof. Further, such judgments are not binding as to various matters of federal income tax law. The source of security that will be the issue of such bond validation is the same source of security (absent the extensions of the levies of the Ninth Cent Gas Tax and the Sixth Cent Gas Tax) which secures the Series 2003 Bonds. Nevertheless, with respect to the Series 2003 Bonds, without the need of a bond validation under Chapter 75, Florida Statutes, Bond Counsel will render an unqualified opinion that the Series 2003 Bonds, when issued, are valid obligations of the County. See "APPENDIX B - Form of Bond Counsel Opinion" attached hereto. LITIGATION Except as described below, there is no pending or, to the knowledge of the County, any threatened litigation against the County of any nature whatsoever which in any way questions or affects the validity of the Series 2003 Bonds, or any proceedings or transactions relating to their issuance, sale, execution, or delivery, or the adoption of the Resolution, or the pledge of the Pledged Funds. Neither the creation, organization or existence, nor the title of the present members of the Board, or other officers of the County is being contested. See, however, "FUTURE VALIDATION" herein. The County and five individual County Commissioners are defendants in a lawsuit filed on June 21, 2001, by Aquaport, L.C., a Florida limited liability company, Norman C. Burke and James Allen in the United States District Court for the Middle District of Florida in a case styled Aquaport, L.C., et al. v. Collier County, et al., Case No. 2:01-CV-341-FTM-29DNF. The suit seeks both equitable and monetary relief and arises from the County's decision on May 22, 2001 to revoke the site development plan and building permit previously issued to Aquaport, L.C., for a 10 story, 68 unit hotel. The County and the five individual County Commissioners responded to the initial complaint with a motion to dismiss. Thereafter, the plaintiffs filed a first amended complaint asserting claims under 42 U.S.C. § 1983 against the County Commissioners individually and against the County for alleged deprivations of procedural and substantive due process in connection with the revocation of the site development plan and building permit. In addition, Aquaport, L.C., has sued for equitable estoppel, claiming that it had vested rights in the building permit and the right to construct the hotel building in accordance with the previously approved site development plan. Aquaport, L.C., also seeks a declaratory judgment as to whether it is necessary for it to file a petition for certiorari and, in the alternative, relief for a petition for writ of certiorari. Aquaport, L.C., claims that it has damages for a loss of commitment to lease the proposed hotel at a profit of $1,000,000 per year and claims other damages in the form of increased construction costs and additional financing charges and other carrying costs including interest. Although no exact damage amount is set forth in the first amended complaint, it is the County's understanding that Aquaport, L.C., is claiming in excess of $10,000,000 in damages, with most of those damages being based upon alleged lost profits from the alleged commitment to lease the proposed hotel. Finally, Mr. Burke and Mr. Allen are claiming an unspecified amount of emotional distress damages and the plaintiffs are also claiming attorneys' fees. [The County and the plaintiffs have filed motions for summary judgment which are pending before the court. While awaiting a ruling on such summary judgment motions, the County is preparing for trial.] The County denies liability in this case. The 36 County also denies that the plaintiffs are entitled to the reliefthe y demand. At this time, however, the County is unable to predict whether the plaintiffs will be successful in this action, and if plaintiffs are successful, the County is unable to predict how its potential liability, if any, might effect the financial condition of the County. However, whether or not the plaintiffs are successful, any potential liability will not affect the County's ability to repay the principal and interest on the Series 2003 Bonds. The Board has been named as a defendant in a lawsuit filed on January 10, 2003, in the Circuit Court for the Twentieth Circuit, Collier County. The case is styled [Century Development of Collier County, Inc., et al. v. Collier County, Case No. __.]. The suit, which also names the individual members of the Florida Administration Commission as defendants, has been brought by Century Development of Collier County, Inc., Joseph DeFrancesco, Ricardo A. Haylock and Mildred Haylock, Francis D. Hussey, Mary Pat Hussey, and Anne Kornfeld, as class representatives for approximately 400 to 500 persons owning property in that area of Collier County known as North Belle Meade. The plaintiffs seek monetary relief from the Board for the purported inverse condemnation of property in North Belle Meade that allegedly results from the Board's adoption of an ordinance and comprehensive plan amendments. The plaintiffs contend that the ordinance and comprehensive plan amendments imposed a moratorium on the North Belle Meade properties, the effect of which was a temporary deprivation of all or substantially all beneficial use of such properties, including but not limited to certain mining rights. The plaintiffs have not identified the amount of damages being sought. Based upon the allegations as currently pled, the Board has a reasonable likelihood of prevailing. At this time, however, the County is unable to predict whether and how the complaint may be amended and, therefore, is unable to predict whether the plaintiffs will be successful in this action and, if successful, the extent of the Board's ultimate liability. The County experiences other claims, litigation, and various legal proceedings which individually are not expected to have a material adverse effect on the operations or financial condition of the County, but may, in the aggregate, have a material impact thereon. In the opinion of the County Attorney, however, except for the litigation described in the preceding paragraph, the County will either successfully defend such actions or otherwise resolve such matters without any material adverse consequences on the financial condition of the County. DISCLOSURE REQUIRED BY FLORIDA BLUE SKY REGULATIONS Pursuant to Section 517.051, Florida Statutes, as amended, no person may directly or indirectly offer or sell securities of the County except by an offering circular containing full and fair disclosure of all defaults as to principal or interest on its obligations since December 31, 1975, as provided by rule of the Florida Department of Banking and Finance (the "Department"). Pursuant to Rule 3E-400.003, Florida Administrative Code, the Department has required the disclosure of the amounts and types of defaults, any legal proceedings resulting from such defaults, whether a trustee or receiver has been appointed over the assets of the County, and certain additional financial information, unless the County believes in good faith that such information would not be considered material by a reasonable investor. The County is not and has not been in default on any bond issued since December 31, 1975 which would be considered material by a reasonable investor. TAX EXEMPTION Opinion of Bond Counsel In the opinion of Bond Counsel, the form of which is included as "APPENDIX F - FORM OF BOND COUNSEL OPINION" attached hereto, the interest on the Series 2003 Bonds is excludable 37 from gross income for federal income tax purposes and is not a specific item of tax preference for federal income tax purposes under existing statutes, regulations, rulings and court decisions. However, interest on the Series 2003 Bonds is taken into account in determining adjusted current earnings for purposes of computing the federal alternative minimum tax imposed on corporations pursuant to the Internal Revenue Code of 1986, as amended (the "Code"). Failure by the County to comply subsequently to the issuance of the Series 2003 Bonds with certain requirements of the Code, regarding the use, expenditure and investment of Series 2003 Bonds proceeds and the timely payment of certain investment earnings to the Treasury of the United States, may cause interest on the Series 2003 Bonds to become includable in gross income for federal income tax purposes retroactive to their date of issuance. The County has covenanted in the Resolution to comply with all provisions of the Code necessary to, among other things, maintain the exclusion from gross income of interest on the Series 2003 Bonds for purposes of federal income taxation. In rendering its opinion, Bond Counsel has assumed continuing compliance with such covenants. Internal Revenue Code of 1986 The Code contains a number of provisions that apply to the Series 2003 Bonds, including, among other things, restrictions relating to the use or investment of the proceeds of the Series 2003 Bonds and the payment of certain arbitrage earnings in excess of the "yield" on the Series 2003 Bonds to the Treasury of the United States. Noncompliance with such provisions may result in interest on the Series 2003 Bonds being included in gross income for federal income tax purposes retroactive to their date of issuance. Collateral Tax Consequences Except as described above, Bond Counsel will express no opinion regarding the federal income tax consequences resulting from the ownership of, receipt or accrual of interest on, or disposition of, the Series 2003 Bonds. Prospective purchasers of Series 2003 Bonds should be aware that the ownership of Series 2003 Bonds may result in other collateral federal tax consequences. For example, ownership of the Series 2003 Bonds may result in collateral tax consequences to various types of corporations relating to (1) denial of interest deduction to purchase or carry such Series 2003 Bonds, (2) the branch profits tax, and (3) the inclusion of interest on the Series 2003 Bonds in passive income for certain Subchapter S corporations. In addition, the interest on the Series 2003 Bonds may be included in gross income by recipients of certain Social Security and Railroad Retirement benefits. PURCHASE, OWNERSHIP, SALE OR DISPOSITION OF THE SERIES 2003 BONDS AND THE RECEIPT OR ACCRUAL OF THE INTEREST THEREON MAY HAVE ADVERSE FEDERAL TAX CONSEQUENCES FOR CERTAIN INDIVIDUAL AND CORPORATE BONDHOLDERS, INCLUDING, BUT NOT LIMITED TO, THE CONSEQUENCES REFERRED TO ABOVE. PROSPECTIVE BONDHOLDERS SHOULD CONSULT WITH THEIR TAX SPECIALISTS FOR INFORMATION IN THAT REGARD. Florida Taxes In the opinion of Bond Counsel, the Series 2003 Bonds and the income thereon are exempt from all present intangible personal property taxes imposed pursuant to Chapter 199, Florida Statutes. Other Tax Matters Interest on the Series 2003 Bonds may be subject to state or local income taxation under applicable state or local laws in other jurisdictions. Purchasers of the Series 2003 Bonds should 38 consult their own tax advisors as to the income tax status of interest on the Series 2003 Bonds in their particular state or local jurisdiction. During recent years, legislative proposals have been introduced in Congress, and in some cases enacted, that altered certain federal tax consequences resulting from the ownership of obligations that are similar to the Series 2003 Bonds. In some cases, these proposals have contained provisions that altered these consequences on a retroactive basis. Such alterations of federal tax consequences may have affected the market value of obligations similar to the Series 2003 Bonds. From time to time, legislative proposals are pending which could have an effect on both the federal tax consequences resulting from ownership of the Series 2003 Bonds and their marketv alue. No assurance can be given that additional legislative proposals will not be introduced or enacted that would or might apply to, or have an adverse effect upon, the Series 2003 Bonds. Tax Treatment of Original Issue Discount Bond Counsel is further of the opinion that the difference between the principal amount of the Series 2003 Bonds maturing __ through , inclusive and on __ (collectively the "Discount Bonds") and the initial offering price to the public (excluding bond houses, brokers or similar persons or organizations acting in the capacity of Underwriters or wholesalers) at which price a substantial amount of such Discount Bonds of the same maturity was sold constitutes original issue discount which is excludable from gross income for federal income tax purposes to the same extent as interest on the Series 2003 Bonds. Further, such original issue discount accrues actuarially on a constant interest rate basis over the term of each Discount Bond and the basis of each Discount Bond acquired at such initial offering price by an initial purchaser thereof will be increased by the amount of such accrued original issue discount. The accrual of original issue discount may be taken into account as an increase in the amount of tax-exempt income for purposes of determining various other tax consequences of owning the Discount Bonds, even though there will not be a corresponding cash payment. Owners of the Discount Bonds are advised that they should consult with their own advisors with respect to the state and local tax consequences of owning such Discount Bonds. Tax Treatment of Bond Premium The difference between the principal amount of the Series 2003 Bonds maturing on __ through , inclusive and on __ (collectively, the "Premium Bonds") and the initial offering price to the public (excluding bond houses, brokers or similar persons or organizations acting in the capacity of underwriters or wholesalers) at which price a substantial amount of such Premium Bonds of the same maturity was sold constitutes to an initial purchaser amortizable bond premium which is not deductible from gross income for Federal income tax purposes. The amount of amortizable bond premium for a taxable year is determined actuarially on a constant interest rate basis over the term of each Premium Bond. For purposes of determining gain or loss on the sale or other disposition of a Premium Bond, an initial purchaser who acquires such obligation in the initial offering to the public at the initial offering price is required to decrease such purchaser's adjusted basis in such Premium Bond annually by the amount of amortizable bond premium for the taxable year. The amortization of bond premium may be taken into account as a reduction in the amount of tax-exempt income for purposes of determining various other tax consequences of owning such Premium Bonds. Owners of the Premium Bonds are advised that they should consult with their own advisors with respect to the state and local tax consequences of owning such Premium Bonds. RATINGS Fitch Ratings ("Fitch"), Standard & Poor's Ratings Group CS&P") and Moody's Investor's Service, Inc. ("Moody's") have assigned theirmun icipal bond ratings of "AAA," "AAA" and "Aaa," 39 respectively, to the Series 2003 Bonds with the understanding that upon delivery of the Series 2003 Bonds, the Bond Insurance Policy will be issued by the Insurer. In addition, Fitch, S&P and Moody's have assigned underlying ratings of" ," ". ~" and ". ," respectively, without giving any regard to Series 2003 Bond Insurance Policy. The ratings reflect only the views of said rating agencies and an explanation of the ratings may be obtained only from said rating agencies. There is no assurance that such ratings will continue for any given period of time or that they will not be lowered or withdrawn entirely by the rating agencies, or any of them, if in their judgment, circumstances so warrant. A downward change in or withdrawal of any of such ratings, may have an adverse effect on the market price of the Series 2003 Bonds. VERIFICATION OF MATHEMATICAL COMPUTATIONS At the time of the delivery of the Series 2003 Bonds ...... a firm of independent certified public accountants, will deliver a report on the mathematical accuracy of the computations contained in schedules provided to them and prepared by the on behalf of the County relating to the sufficiency of the anticipated cash and maturing principal amounts of and interest on the Federal Securities (as defined in the Prior Resolution) to pay, when due, the principal, whether at maturity or upon prior redemption, interest and call premium requirements of the Prior Bonds. FINANCIAL ADVISOR The County has retained William R. Hough & Co., Naples, Florida, as Financial Advisor in connection with the County's financing plans and with respect to the authorization and issuance of the Series 2003 Bonds. The Financial Advisor is not obligated to undertake and has not undertaken to make an independent verification or to assume responsibility for the accuracy, completeness, or fairness of thein formation contained in the Official Statement. The Financial Advisor did not participate in the underwriting of the Series 2003 Bonds. The Financial Advisor may receive a fee for bidding investments for certain proceeds of the Series 2003 Bonds. AUDITED FINANCIAL STATEMENTS The General Purpose Financial Statements of the County for the fiscal year ending September 30, 2001, and report thereon of KPMG LLP (the "Independent Certified Public Accountant") are attached hereto as "APPENDIX B - AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR ENDED SEPTEMBER 30, 2001." Such statements speak only as of September 30, 2001. [The Independent Certified Public Accountants have consented to the use thereof herein.l The Series 2003 Bonds are payable solely from the Pledged Funds as described in the Resolution and herein and the Series 2003 Bonds are not otherwise secured by, or payable from, the general revenues of the County. See "SECURITY FOR THE BONDS" herein. The General Purpose Financial Statements are presented for general information purposes only. [For the fiscal year ending September 30, 2002, the County will prepare its annual financial statements in accordance with GASB No. 34. The Clerk's Office, including the Finance Department, is implementing such requirements with the assistance of its consultants to insure that all requirements of GASB No. 34 are satisfied.] 40 UNDERWRITING The Series 2003 Bonds are being purchased by Morgan Stanley & Co. Incorporated, on behalf of itself, A.G. Edwards & Sons, Inc. and Raymond James & Associates, Inc. (collectively, the "Underwriters") at an aggregate purchase price of $ (which equals the principal amount of the Series 2003 Bonds, plus a premium of $ , less original issue discount of $. and less Underwriters' discount of $ ). The Underwriters obligations are subject to certain conditions precedent contained in a contract of purchase entered into with the County, and it will be obligated to purchase all of the Series 2003 Bonds if any Series 2003 Bonds are purchased. The Series 2003 Bonds may be offered and sold to certain dealers (including dealers depositing such Series 2003 Bonds into investment trusts) at prices lower than such public offering prices, and such public offering prices may be changed, from time to time, by the Underwriters. CONTINGENT FEES The County has retained Bond Counsel, the Financial Advisor and Disclosure Counsel with respect to the authorization, sale, execution and delivery of the Series 2003 Bonds. Payment of the fees of such professionals and an underwriting discount to the Underwriters are each contingent upon the issuance of the Series 2003 Bonds. ENFORCEABILITY OF REMEDIES The remedies available to the owners of the Series 2003 Bonds upon an event of default under the Resolution and the Bond Insurance Policy are in many respects dependent upon judicial actions which are often subject to discretion and delay. Under existing constitutional and statutory law and judicial decisions, including specifically the federal bankruptcy code, the remedies specified by the Resolution, the Series 2003 Bonds and the Bond Insurance Policy may not be readily available or may be limited. The various legal opinions to be delivered concurrently with the delivery of the Series 2003 Bonds, including Bond Counsel's approving opinion, will be qualified, as to the enforceability of the remedies provided in the various legal instruments, by limitations imposed by bankruptcy, reorganization, insolvency or other similar laws affecting the rights of creditors enacted before of after such delivery. See "APPENDIX C - FORM OF THE RESOLUTION" attached hereto for a description of events of default and remedies. CONTINUING DISCLOSURE The County has covenanted for the benefit of the Bondholders to provide certain financial information and operating data relating to the County and the Series 2003 Bonds in each year, and to provide notices of the occurrence of certain enumerated material events. The County has agreed to file annual financial information and operating data and its audited financial statements with each nationally recognized municipal securities information repository then approved by the Securities and Exchange Commission (the "NRMSIRs"), as well as any state information depository that is established in the State (the "SID"). Currently, there are no such SIDs. The County has agreed to file notices of certain enumerated material events, when and if they occur, with the NRMSIRs or the Municipal Securities Rulemaking Board, and with the SIDs, if any. The specific nature of the financial information, operating data, and of the type of events which trigger a disclosure obligation, and other details of the undertaking are described in "APPENDIX G - FORM OF CONTINUING DISCLOSURE CERTIFICATE" attached hereto. The Continuing Disclosure Certificate shall be executed by the County prior to the issuance of the Series 41 2003 Bonds. These covenants have been made in order to assist the Underwriters in complying with the continuing disclosure requirements of Rule 15c2-12 promulgated by the Securities and Exchange Commission (the "Rule"). With respect to the Series 2003 Bonds, no party other than theCo unty is obligated to provide, nor is expected to provide, any continuing disclosure information with respect to the Rule. The County has never failed to comply with any prior agreements to provide continuing disclosure information pursuant to the Rule. ACCURACY AND COMPLETENESS OF OFFICIAL STATEMENT The references, excerpts, and summaries of all documents, statutes, and information concerning the County and certain reports and statistical data referred to herein do not purport to be complete, comprehensive and definitive and each such summary and reference is qualified in its entirety by reference to each such document for full and complete statements of all matters of fact relating to the Series 2003 Bonds, the security for the payment of the Series 2003 Bonds and the rights and obligations of the owners thereof and to each such statute, report or instrument. Copies of such documents may be obtained from either the office of the Clerk of the Board of County Commissioners, Collier County Government Complex, 3301 East Tamiami Trail, Building F, Naples, Florida 34112, telephone: (941) 774-8383 or the County's Financial Advisor, William R. Hough & Co., 500 Fifth Avenue South, Suite 509, Naples, Florida 34102-6615, telephone (941) 649-6077. Any statements made in this Official Statement involving matters of opinion or of estimates, whether or not so expressly stated are set forth as such and not as representations of fact, and no representation is made that any of the estimates will be realized. Neither this Official Statement nor any statement that may have been made verbally or in writing is to be construed as a contract with the owners of the Series 2003 Bonds. The appendices attached hereto are integral parts of this Official Statement and must be read in their entirety together with all foregoing statements. [Remainder of page intentionally left blank] 42 AUTHORIZATION OF OFFICIAL STATEMENT The execution and delivery of this Official Statement has been duly authorized and approved by the County. At the time of delivery of the Series 2003 Bonds, the County will furnish a certificate to the effect that nothing has come to their attention which would lead it to believe that the Official Statement (other than information herein related to the Insurer, the Bond Insurance Policy, the reserve account insurance policy, DTC, the book-entry only system of registration and the information contained under the caption "TAX EXEMPTION" as to which no opinion shall be expressed), as of its date and as of the date of delivery of the Series 2003 Bonds, contains an untrue statement of a material fact or omits to state a material fact which should be included therein for the purposes for which the Official Statement is intended to be used, or which is necessary to make the statements contained therein, in the light of the circumstances under which they were made, not misleading. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Chairman, Board of County Commissioners Collier County, Florida 43 APPENDIX A GENERAL INFORMATION REGARDING COLLIER COUNTY, FLORIDA The following information concerning Collier County, Florida (the "County") has been supplied by the County and is included only for purposes of supplying general information regarding the County. The 2003 Bonds are secured by the Pledged Funds as described in the Official Statement. General Information The County was established in 1923 by the legislature of the State of Florida (the "State") from portions of Lee and Monroe Counties. Its territorial limits, as they presently exist, contain approximately 2,026 square miles. In terms of land area, it is the largest county in the State. The County is located on the southwest coast of the Florida peninsula directly west of the Miami-Fort Lauderdale area. The County has a U.S. Census 2000 population of 251,377. Principal industries within the County include wholesale and retail trade, tourism, agriculture, forestry, fishing, cattle ranching and construction. The 2000 U.S. Census showed an increase in the population of the County of 65% between the years 1990 and 2000. Board of County Commissioners The Board of County Commissioners (the "Board") is the principal legislative and governing body of the County. The Board consists of five County Commissioners; one from each of the five districts elected for terms of four years. All of the County Commissioners are residents of the County. The current members of the Board and their expiration of terms of office are: Commissioner Office Term Expires Thomas K. Henmng Donna L. Fiala James N. Coletta, Jr. Fred W. Coyle Frank Halas Chairman Vice Chairman Commissioner Commissioner Commissioner November, 2004 November, 2004 November, 2004 November, 2006 November, 2006 County Manager The chief administrative official of the County is the County Manager. This official is directly responsible to the Board for administration and operation of four administrative divisions under the Board and for execution of all Board policies. The County Manager directs the administrative divisions for Community Services, Public Services, Public Works and Support Services. The County Manager is also responsible to the Board for the preparation of budgets and for the control of expenditures of departments under his supervision throughout the budget year. Budget Process The Budget Director, as the County's Budget Officer, begins the budget process each February for the ensuing fiscal year (October I to September 30) with the distribution of budget request forms and instructions to departments and division heads. County division heads and elected officers submit their proposed expenditures beginning in April for compilation by the Budget Officer no later than July I of each year and each submission is matched against available revenues. A balanced, proposed budget is presented to the Board for review within 15 days of receipt of an A-1 assessed value certification from the County's Property Appraiser which is due by July 1. A tentative budget is thereupon adopted within 15 days. Subsequent to public hearings, a final budget is adopted. The final budget for the fiscal year ended September 30, 2003 was adopted by the Board on September __, 2002. Final millage rates are adopted, usually by late September, and the County's Tax Collector prepares tax bills for mailing on or after November 1. Upon valid adoption, all expenditures in the budget constitute appropriations, and amendments to the budget can be made only in accordance with the provisions of Chapter 129, Florida Statutes, as amended, and such chapter provides that expenditures in excess of total fund budgets are unlawful. Annual Audit Florida law requires that an annual post audit of each county's accounts and records be completed within six months of the end of each fiscal year by a firm of independent certified public accountants retained and paid for by the county. The County retained the firm of KPMG LLP to undertake the audit for the fiscal year ended September 30, 2002. The audit report for fiscal year 2001 which ended September 30, 2001 was completed by KPMG LLP and is included as APPENDIX B attached to this Official Statement. Population The County has experienced rapid population growth in recent decades. The following table presents historical and projected population growth for the County, the State, and the United States for the period of 1960 to 2020: POPULATION TRENDS Population Population United Population County Percentage State Percentage States Percentage Population Increase Population Increase Population Increase 1960 15,753 --- 4,951,560 --- 179,323,175 1970 38,040 141.5% 6,791,418 37.1% 203,302,031 13.4% 1980 85,971 126.0 9,746,961 43.5 226,504,825 11.4 1990 152,099 76.9 12,938,071 32.7 250,410,000 10.6 2000 251,377 65.2 15,982,378 23.5 274,634,000 9.7 2010' 343,500 36.6 18,776,400 17.5 297,716,000 8.4 2020* 441,600 28.6 21,683,300 15.5 322,742,000 8.4 *Estimates on County and State population use medium estimates of population growth. Source: Collier County, Florida; Bureau of Census; and the University of Florida, College of Business Administration, Bureau of Economic and Business Research, Division of Population Studies. Most of the growth of Collier County is due to migration. As of April 1, 2000, the estimated median age of the County's population was 44.1 years according to the 2001 Florida Statistical Abstract, University of Florida. The majority of the population is over the age of 18, with the age category 15-44 comprising 35% of the overall population. A-2 COLLIER COUNTY EMPLOYMENT BY MAJOR INDUSTRY September 30, 2001 Industry Firms Employee Count(l) Hotels and Other Lodging Health Services Business Services Finance, Insurance and Real Estate Amusement and Recreation Services Services - Other Services 63 4,259 499 8,619 630 6,507 1,031 6,203 150 3,937 990 4,616 3,363 34,141 Eating and Drinking Places Food Stores Auto Dealers and Service Stations Home Furniture and Furnishings Retail Trade - Other Apparel and Accessory Stores General Merchandise Stores Building Hardware and Garden Retail Trade 459 6,482 147 4,254 129 1,942 253 1,411 394 2,486 194 1,523 27 2,289 77 1,431 1,680 21,818 Federal Government 22 647 State Government 43 843 Local Government 21 8,780 Government 86 10,270 Agriculture, Forestry and Fisheries 399 6,119 Construction 1,210 12,825 Manufacturing 222 2,771 Transportation, Communication and Public Utilities 281 2,418 Wholesale Trade 461 3,070 Mining 6 31 Other 2,579 27,234 Total 7,~0~8 9~463 (1) Average number of people employed in 2001. Source: Collier County Comprehensive Annual Financial Report for Fiscal Year ended September 20, 2001; Florida Department of Labor & Employment Security; Bureau of Labor Market Information ES-202 Report. A-3 COLLIER COUNTY EMPLOYMENT (1991-2000) State of County Florida Labor Unemployment Unemployment Year Force Employment Unemployment Rate Rate 1991 74,564 68,784 5,780 6.6 7.3 1992 75,484 68,339 7,145 8.9 8.2 1993 78,654 72,078 6,576 8.5 7.0 1994 80,566 73,979 6,577 8.2 6.8 1995 81,500 75,839 5,661 6.9 5.4 1996 83,140 78,316 4,824 5.8 5.1 1997 87,526 83,115 4,411 5.0 4.8 1998 92,044 88,224 3,820 4.2 4.3 1999 94,862 91,342 3,520 3.7 3.9 2000 100,050 96,548 3,502 3.5 3.6 Source: U.S. Department of Labor, Bureau of Labor Statistics; Division of Employment Security, Department of Commerce, State of Florida; and Florida Department of Labor and Employment Security, Bureau of Labor Market Information; 2001 Florida Statistical Abstract, University of Florida. [Remainder of page intentionally left blank] A-4 BUILDING PERMIT ACTMTIES IN COLLIER COUNTY (1991-2000) Single Multi- Residential Year Family Units Family Units Valuation(l) 1991 1,664 1,588 $ 255,605 1992 1,949 2,396 402,147 1993 1,702 1,957 385,337 1994 1,964 2,358 449,254 1995 1,957 2,300 501,797 1996 2,318 2,585 447,563 1997 2,718 3,324 567,883 1998 2,804 4,040 826,199 1999 3,765 3,777 931,599 2000 4,065 3,905 1,188,310 (1) Valuation in thousands of dollars. Source: 2001 Florida Statistical Abstract, University of Florida; Years 1991 through 2000; 2001 University of Florida Bureau of Economic and Business Research, Building Permit Activity in Florida. Agriculture Agriculture is a dominant factor in the economy of the County. Rainfall averages about 52 inches annually with most of the precipitation occurring during the late spring and summer. The high yearly rainfall and year-round mild temperature enable agriculture to be a productive sector of the County economy. The agricultural industry represents seven percent of the workforce. Farming activities are located approximately 40 miles inland primarily centered around the community of Immokalee. Major crops include tomatoes, peppers, cucumbers, melons and citrus. Beef cattle are also a significant farming commodity. Tourism Tourism is a major factor in the economy of the County. Visitors to the County enjoy its Gulf of Mexico beaches, golf, tennis and other attractions. Everglades National Park, the United States' only subtropical National Park, located near Naples, comprises a substantial portion of the County. Collier-Seminole Park and Corkscrew Swamp are also located nearby. Salt water fishing in the Gulf of Mexico, as well as fresh water fishing, makes the many lakes and waterways popular vacation spots. The County is regarded as one of the largest shelling areas in the United States. Transportation The County is served by U.S. Highway 41 (otherwise known as the Tamiami Trail) and Interstate 75, which links Naples to thee ast coast of Florida and intersects U.S. Highway 27, providing access to the Florida Turnpike. Interstate 75 also provides access to the County from the North. Greyhound Bus Lines connects the County to all points within the State. Air service is available at the Naples Airport owned by the City of Naples and covers an area of approximately 650 acres. The airport has two lighted 5,000 feet hard surfaced runways, each 150 feet wide. Commuter airlines offer regularly scheduled flights to Miami and Tampa. Air service at the Southwest International Airport near Fort Myers, 35 miles north of Naples, reaches many major A-5 cities. In addition, the County owns and operates three public airports: the Marco Island Executive Airport and the Immokalee and Everglades City Airparks. Educational System The County school system serves approximately 36,000 students in 37 schools. The public schools provide a varied adult education program and a special program for pre-school children. There are several private and parochial schools in the County offering classes from kindergarten through the twelfth grade. Edison Community College's main campus in Fort Myers, with a branch campus in Naples, offers technical training as well as college preparation for students. Although not located within the County, Florida Gulf Coast College, the tenth college in the State University System, is operating in Lee County, immediately north of the County. Medical Facilities Naples Community Hospital, a non-profit, private corporation provides health services to the residents of the County. It opened as a 50-bed facility in 1956, financed exclusively by contributions from members of the community. Since 1956, Naples Community Hospital has grown to encompass approximately 422,000 square feet and include two six-story towers that house Naples Community Hospital's 408 licensed beds and patient care ancillary services and a two-story support services wing located between the two towers. Hospital services are also provided in the Carpenter-Briggs Radiation Therapy Center located across the street from Naples Community Hospital, at the Golden Gate Urgent Care Center located in leased space approximately seven miles from Naples Community Hospital, and in several other outpatient facilities that provide urgent care, rehabilitation, wellness and infusion services. The Cleveland Clinic operates a hospital in the northern portion of the County. The Collier County Health Department operates in every community in the County under the direction of a licensed physician and with a staff of trained specialists, including public health workers, nurses, sanitarians and clinical psychologists. [Remainder of page intentionally left blank] A-6 COLLIER COUNTY FINANCIAL AND ECONOMIC DATA (1992-2001) Fiscal Year Population(~) Per Bank Percent Capita Deposits Unemployment Increase Income(~) (000's)(2) Rate(~) 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 168,500 174,664 180,540 186,641 197,400 202,903 210,095 219,685 229,821 251377 4.3% $28,012 $2,067,215 8.9% 3.5 29,307 2,097,133 8.5 3.4 30,201 2,707,107 8.2 3.4 N/A 2,892,389 6.9 5.8 30,201 3,112,346 5.8 2.7 30,906 3,463,731 5.9 3.5 32,878 3,767,516 4.6 4.6 34,830 4,102,784 3.8 4.6 36,210 4,658,978 3.8 9.3 44,862 5,153,782 3.5 N/A = Data not currently available Source: (1) Collier County Comprehensive Annual Financial Report for Fiscal Year ending September 30, 2001. Population figures are estimates used by the County on an annual basis. Actual population according to the 2000 United States Census was 281,422. (2) Florida Bankers Association. [Remainder of page intentionally left blank] A-7 Assessed Valuation The following table shows the assessed value and taxable value for operating millage in each of the past nine years. TOTAL ASSESSED AND TAXABLE VALUE IN COLLIER COUNTY (1992-2001) Ratio of County Taxable County Taxable Taxable Value Fiscal Value Real Value Personal Total Total To Total Year Property Only Property Only Taxable Value(l) AssessedValue(2) Assessed Value 2001 $32,057,961,136 $1,336,930,733 $33,395,002,460 $41,333,321,441 80.79% 2000 26,493,401,264 1,248,512,604 27,742,021,485 33,902,799,963 81.82 1999 23,271,327,045 1,150,774,033 24,422,201,235 29,830,939,079 81.86 1998 20,304,971,514 1,037,538,724 21,342,594,299 25,777,151,470 82.79 1997 18,547,873,169 981,119,415 19,529,075,510 23,436,330,545 83.33 1996 17,146,475,680 936,566,144 18,083,131,561 21,751,280,540 83.14 1995 16,038,210,161 892,359,888 16,930,661,056 20,463,371,228 82.74 1994 15,130,183,723 851,954,071 15,982,193,801 19,387,178,081 82.44 1993 14,506,009,883 806,965,166 15,313,053,072 18,440,257,462 83.04 1992 13,792,228,634 754,068,231 14,546,382,399 17,505,449,830 83.10 (1) These figures include Centrally Assessed property. (2) Just Value is the Market or Assessed value. From this you subtract exemptions, classified agricultural property and capped homestead value to arrive at taxable value. Source: Collier County Property Appraiser's Office. [Remainder of page intentionally left blank] A-8 COLLIER COUNTY DEBT STATEMENT AS OF SEPTEMBER 30, 2001 Direct, Overlapping and Underlying Debt General Non-Self Sell Obligation Supporting Supporting Debt Debt Debt Collier County Direct Debt 1996 Public Parks GO Bonds 1973 Race Track Certificates 1992 Capital Improvement Refunding Revenue Bonds 1994 Capital Improvement Refunding Revenue Bonds 1995 Road Improvement Revenue Refunding Bonds 1996 Guaranteed Entitlement Refunding Revenue Bonds 1997 Special Obligation Revenue Bonds 1997 Naples Park Area Stormwater Improvement Assessment Bonds State Revolving Fund Loan CS120597070 State Revolving Fund Loan CS120597090 State Revolving Fund Loan Bank of America Line of Credit Commercial Paper Loans Payable Capitalized Lease Obligations Arbitrage Rebate Liability Accrued Compensated Absences 1982 Goodland Water and Sewer Revenue Bonds 1990 Collier County Sewer Assessment Bonds 1992 Water and Sewer Revenue Bonds 1994 Water and Sewer Refunding Revenue Bonds 1994 Taxable Water and Sewer Refunding Revenue Bonds 1999A Water and Sewer Refunding Revenue Bonds 1999B Water and Sewer Refunding Revenue Bonds Total Direct Debt $1,560,000 $685,000 6,030,000 25,100,000 3,870,000 705,000 4,080,OO0 3,304,921 21,934,000 1,470,880 330,936 10,442,334 $1,560,000 $1,530,000 9,178,993 12,019,174 17,552,933 109,000 440,000 860,000 38,285,000 16,315,000 6,410,000 20,920,000 $77,953,071 $123,620,100 Overlapping School Board Debt Certificates Of Participation, Series 1992, 1994, 1995 School Bonds, Series 1997A and 1998A Notes Payable Accrued Compensation Absences Total Overlapping Debt $124,070,000 11,620,000 32,535,000 23,786,322 0 $192,011,322 $ 0 A-9 Underlying Debt General Non-Self Sell Obligation Supporting Supporting Debt Debt Debt City of Naples 1991 Water and Sewer Revenue Refunding Bonds 1992 Public Service Tax Revenue Refunding Bonds 1993 Public Service Tax Revenue Refunding Bonds (City Dock Funds) State Revolving Fund Subordinate Loan State Revolving Fund Subordinate Loan (Stormwater Fund) 1998 Public Service Tax Revenue Bonds 1998 Tax Increment Financing Revenue Bonds 2000 General Obligation Bonds 2001 Public Service Tax Refunding Revenue Bonds 2001 Public Service Tax Revenue Bonds 2001 Water and Sewer Revenue Refunding Bonds $8,270,000 $2,547,502 1,982,927 3,000,000 9,845,000 $13,221,378 131,713 21,793,465 3,156,185 605,000 7,247,701 City of Marco Island 2000B Florida Municipal Loan Council Revenue Bonds 1992 Fire Station Capital Lease 619,393 646,256 City of Everglades 1981 Water Revenue Bonds 1973 Sewer Revenue Bonds 1971 Sewer Revenue Bonds Total Underlying Debt $8,270,000 $ 17,375,429 488,000 12,000 148,000 $ 48,069,091 Total Direct, Overlapping and Underlying Debt $9,830,000 $287,339,822 $171,689,191 Source: Collier County, Florida, Comprehensive Annual Report for the Fiscal Year ended September 30, 2001 and Comprehensive Annual Financial Reports for the City of Naples, the City of Marco Island and City of Everglades, each dated September 30, 2001; Notes to the Financial Statements dated June 30, 2001 for the School Board of Collier County, Florida. [Remainder of page intentionally left blank] A-10 COLLIER COUNTY, FLORIDA COMPARATIVE RATIOS OF BONDED DEBT TO TOTAL ASSESSED VALUATION AND PER CAPITA INDEBTEDNESS 2000 U.S. Census Population Total Assessed Valuation [2001] Direct General Obligation Debt a) As a Percent of Assessed Valuation b) Per Capita Direct and Overlapping General Obligation Debt a) As a percent of Assessed Valuation b) Per Capita Direct Non-Self Supporting Revenue and Direct General Obligation Debt a) As a percent of Assessed Valuation b) Per Capita Direct and Overlapping General Obligation and Non-Self Supporting Revenue Debt a) As a percent of Assessed Valuation b) Per Capita 281,422 $41,333,321,441 $1,560,000 0.004% $5.54 $1,560,000 0.004% $5.54 $79,513,071 0.192% $282.54 $271,524,393 0.657% $964.83 [Remainder of page intentionally left blank] A-Il The following table contains the property tax rates for the tax years 1991 through 2000. COLLIER COUNTY, FLORIDA PROPERTY TAX RATES - ALL DIRECT AND OVERLAPPING GOVERNMENTS(I) (1992-2001) (Unaudited) COLLIER COUNTY OTHER Special Debt Capital Fiscal General Revenue Service Pr~ects School Independent Year Fund Fund Funds Fund Total District Districts Total 1992 3.3295 0.7664 0.1126 0.6580 4.8665 7.9570 1.4629 14.2864 1993 3.2580 0.7726 0.1094 0.5474 4.6874 8.0000 1.4455 14.1329 1994(2) 3.6729 0.7823 0.1106 0.0000 4.5658 8.0860 1.5648 14.2166 1995 3.6028 0.6834 0.1062 0.0000 4.3924 8.3227 1.5028 14.2179 1996 3.4918 0.7091 0.0989 0.0000 4.2998 8.6000 1.5353 14.4351 1997 3.7266 0.7567 0.0490 0.0000 4.5323 8.6918 1.5420 14.7661 1998 3.6838 0.7604 0.0452 0.0000 4.4894 8.4298 1.5941 14.5133 1999 3.5540 0.6689 0.0420 0.0000 4.2649 8.5173 1.4801 14.2623 2000 3.5086 0.6419 0.0355 0.0000 4.1860 7.7661 1.4654 13.4175 2001 3.5050 0.6624 0.0318 0.0000 4.1992 7.7334 1.4607 13.3933 (1) (2) Source: Basis for property tax rates is i mill per $1,000 of assessed value. Property is assessed as of January 1 and taxes based on those assessments are levied according to the tax rate in effect that tax year and become due on November 1. Therefore, assessments and tax levies applicable to a certain tax year are collected in the fiscal year ending during the following calendar year. Beginning with fiscal year 1994 the millage rates for capital projects are included in the General Fund millage rate. Collier County Comprehensive Annual Financial Report for Fiscal Year ending September 30, 2001. A-12 APPENDIX B AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR ENDED SEPTEMBER 30, 2001 APPENDIX C FORM OF THE RESOLUTION APPENDIX D FORM OF BOND INSURANCE POLICY APPENDIX E [FORM OF RESERVE ACCOUNT INSURANCE POLICY] APPENDIX F FORM OF BOND COUNSEL OPINION APPENDIX G FORM OF CONTINUING DISCLOSURE CERTIFICATE J:kBondsX439901NPOS-3.doc January 28, 2003 EXHIBIT C FORM OF GUARANTY AGREEMENT GUARANTY AGREEMENT GUARANTY AGREEMENT dated as of ., 200_ by and between , a public body corporate organized and existing under the laws of the State of (the "Obligor"); and AMBAC ASSURANCE CORPORATION ("Ambac"), a Wisconsin domiciled stock insurance company. WITNESSETH: WHEREAS, the Obligor has or will issue_(the "Obligations"); and WHEREAS, Ambac will issue its Surety Bond (the "Surety Bond"), substantially in the form set forth in Annex A to this Agreement, guaranteeing certain payments by the Obligor subject to the terms and limitations of the Surety Bond; and WHEREAS, to induce Ambac to issue the Surety Bond, the Obligor has agreed to pay the premium for such Surety Bond and to reimburse Ambac for all payments made by Ambac under the Surety Bond from Legally Available Funds, all as more fully set forth in this Agreement; and WHEREAS, the Obligor understands that Ambac expressly requires the delivery of this Agreement as part of the consideration for the execution by Ambac of the Surety Bond; and NOW, THEREFORE, in consideration of the premises and of the agreements herein contained and of the execution of the Surety Bond, the Obligor and Ambac agree as follows: ARTICLE I DEFINITIONS; SURETY BOND Section 1.01. Definitions. Except as otherwise expressly provided herein or unless the context otherwise requires, the terms which are capitalized herein shall have the meanings specified in Annex B hereto. Section 1.02. Surety Bond. (a) Ambac will issue the Surety Bond in accordance with and subject to the terms and conditions of the Commitment. (b) The maximum liability of Ambac under the Surety Bond and the coverage and term thereof shall be subject to and limited by the Surety Bond Coverage and the terms and conditions of the Surety Bond. (c) Payments made under the Surety Bond will reduce the Surety Bond Coverage to the extent of that payment, provided that the Surety Bond Coverage shall be automatically reinstated to the extent of the reimbursement of principal by the Obligor of any payment made by Ambac. Ambac shall notify the Paying Agent in writing no later than the fifth (5th) day following the reimbursement by the Obligor that the Surety Bond has been reinstated to the extent of such reimbursement. Section 1.03. Premium. In consideration of Ambac agreeing to issue the Surety Bond hereunder, the Obligor hereby agrees to pay or cause to be paid from Legally Available Funds the premium set forth in the Commitment. Section 1.04. Certain Other Expenses. The Obligor will pay all reasonable fees and disbursements of Ambac's counsel related to any modification of this Agreement or the Surety Bond. ARTICLE II REIMBURSEMENT OBLIGATIONS OF OBLIGOR AND SECURITY THEREFORE Section 2.01. Reimbursement for Payments Under the Surety Bond and Expenses. (a) The Obligor will reimburse Ambac, from Legally Available Funds within the Reimbursement Period, without demand or notice by Ambac to the Obligor or any other person, to the extent of each Surety Bond Payment with interest on each Surety Bond Payment from and including the date made to the date of the reimbursement by the Obligor at the Effective Interest Rate. The Obligor agrees that it shall make monthly level principal repayments for each Surety Bond Payment during the Reimbursement Period. Interest on each Surety Bond Payment shall be paid monthly during the Reimbursement Period. To the extent that interest payments due hereunder are not paid on a monthly basis, or are not paid as each principal repayment is made, interest shall accrue on such unpaid amounts at a rate equal to the Effective Interest Rate. (b) The Obligor also agrees to reimburse Ambac, from Legally Available Funds, immediately and unconditionally upon demand for all reasonable expenses incurred by Ambac in connection with the Surety Bond and the enforcement by Ambac of the Obligor's obligations under this Agreement together with interest on all such expenses from and including the date which is 30 days from the date a statement for such expenses is received by the Obligor incurred to the date of payment at the rate set forth in subsection (a) of this Section 2.01. Section 2.02. Allocation of Payments. Ambac and the Obligor hereby agree that each repayment of principal received by Ambac from or on behalf of the Obligor as a reimbursement to Ambac as required by Section 2.01(a) hereof shall be applied to reinstate all or a portion of the Surety Bond Coverage to the extent of such repayment. Any interest payable pursuant to Section 2.01(a) hereof shall not be applied to the reinstatement of any portion of the Surety Bond Coverage. Section 2.03. Security for Payments; Instruments of Further Assurance. To the extent, but only to the extent, that the Resolution pledges to the Owners or any paying agent therefor, or grants a security interest or lien in or on any collateral property, revenue or other payments ("Collateral and Revenues") in order to secure the Obligations or provide a source of payment for the Obligations, the Obligor hereby grants to Ambac a security interest in or lien on, as the case may be, and pledges to Ambac all such Collateral and Revenues as security for payment of all amounts due hereunder, which security interest, lien and/or pledge created or granted under this Section 2.03 shall be subordinate only to the interests of the Owners and any paying agent therefor in such Collateral and Revenues. The Obligor agrees that it will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, any and all financing statements, if applicable, and all other further instruments as may be required by law or as shall reasonably be requested by Ambac for the perfection of the security interest, if any, granted under this Section 2.03 and for the preservation and protection of all rights of Ambac under this Section 2.03. Section 2.04. Unconditional Obligation. The obligations of the Obligor hereunder are absolute and unconditional and will be paid or performed strictly in accordance with this Agreement, irrespective off (a) any lack of validity or enforceability of, or any amendment or other modification of, or waiver with respect to the Resolution or the Obligations; (b) any exchange, release or nonperfection of any security interest in property securing the Obligations or this Agreement or any obligations hereunder; (c) any circumstances which might otherwise constitute a defense available to, or discharge of, the Obligor with respect to the Obligations; (d) whether or not such obligations are contingent or matured, disputed or undisputed, liquidated or unliquidated. ARTICLE III EVENTS OF DEFAULT; REMEDIES Section 3.01. Events of Default. The following events shall constitute Events of Default hereunder: (a) The Obligor shall fail to pay to Ambac any amount payable under Sections 1.04 and 2.01 hereof and such failure shall have continued for a period in excess of the Reimbursement Period; (b) Any material representation or warranty made by the Obligor hereunder or under the Resolution or any statement in the application for the Surety Bond or any report, certificate, financial statement or other instrument provided in connection with the Commitment, the Surety Bond or herewith shall have been materially false at the time when made; (c) Except as otherwise provided in this Section 3.01, the Obligor shall fail to perform any of its other obligations under this Agreement, provided that such failure continues for more than thirty (30) days after receipt by the Obligor of notice of such failure to perform; (d) The Obligor shall (i) voluntarily commence any proceeding or file any petition seeking relief under the United States Bankruptcy Code or any other Federal, state or foreign bankruptcy, insolvency or similar law, (ii) consent to the institution of, or fail to controvert in a timely and appropriate manner, any such proceeding or the filing of any such petition, (iii) apply for or consent to the appointment of a receiver, paying agent, custodian, sequestrator or sirnilar official for the Obligor or for a substantial part of its property, (iv) file an answer admitting the material allegations of a petition filed against it in any such proceeding, (v) make a general assignment for the benefit of creditors, (vi) become unable, admit in writing its inability or fail generally to pay its debts as they become due or (vii) take action for the purpose of effecting any of the foregoing; or (e) An involuntary proceeding shall be commenced or an involuntary petition shall be filed in a court of competent jurisdiction seeking (i) relief in respect of the Obligor, or of a substantial part of its property, under the United States Bankruptcy Code or any other Federal, state or foreign bankruptcy, insolvency or similar law or (ii) the appointment of a receiver, paying agent, custodian, sequestrator or similar official for the Obligor or for a substantial part of its property; and such proceeding or petition shall continue undismissed for sixty (60) days or an order or decree approving or ordering any of the foregoing shall continue unstayed and in effect for thirty (30) days. Section 3.02. Remedies. If an Event of Default shall occur and be continuing, then Ambac may take whatever action at iaw or in equity may appear necessary or desirable to collect the amounts then due and thereafter to become due under this Agreement or any related instrument and enforce any obligation, agreement or covenant of the Obligor under this Agreement; provided, however, that Ambac may not take any action to direct or require acceleration or other early redemption of the Obligations or adversely affect the rights of the Owners. All rights and remedies of Ambac under this Section 3.02 are cumulative and the exercise of any one remedy does not preclude the exercise of one or more of the other available remedies. ARTICLE IV SETTLEMENT Ambac shall have the exclusive right to decide and determine whether any claim, liability, suit or judgment made or brought against Ambac, the Obligor or any other party on the Surety Bond shall or shall not be paid, compromised, resisted, defended, tried or appealed, and Amhac's decision thereon, if made in good faith, shall be final and binding upon the Obligor. An itemized statement of payments made by Ambac, certified by an officer of Ambac, or the voucher or vouchers for such payments, shall be prima facie evidence of the liability of the Obligor, and if the Obligor fails to reimburse Ambac, pursuant to subsection (b) of Section 2.01 hereof, upon the receipt of such statement of payments, interest shall be computed on such amount from the date of any payment made by Ambac at the rate set forth in subsection (a) of Section 2.01 hereof. ARTICLE V MISCELLANEOUS Section 5.01. Computations. All computations of premium, interest and fees hereunder shall be made on the basis of the actual number of days elapsed over a year of 360 days. Section 5.02. Exercise of Rights. No failure or delay on the part of Ambac to exercise any right, power or privilege under this Agreement and no course of dealing between Ambac and the Obligor or any other party shall operate as a waiver of any such right, power or privilege, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein expressly provided are cumulative and not exclusive of any rights or remedies which Ambac would otherwise have pursuant to law or equity. No notice to or demand on any party in any case shall entitle such party to any other or further notice or demand in similar or other circumstances, or constitute a waiver of the right of the other party to any other or further action in any circumstances without notice or demand. Section 5.03. Amendment and Waiver. Any provision of this Agreement may be amended, waived, supplemented, discharged or terminated only with the prior written consent of the Obligor and Ambac. The Obligor hereby agrees that upon the written request of the Paying Agent, Ambac may make or consent to issue any substitute for the Surety Bond to cure any ambiguity or formal defect or omission in the Surety Bond which does not materially change the terms of the Surety Bond nor adversely affect the rights of the Owners, and this Agreement shall apply to such substituted Surety Bond. Ambac agrees to deliver to the Obligor and to the company or companies, if any, rating the Obligations, a copy of such substituted Surety Bond. Section 5.04. Successors and Assigns; Descriptive Headings. (a) This Agreement shall bind, and the benefits thereof shall inure to, the Obligor and Ambac and their respective successors and assigns; provided, that the Obligor may not transfer or assign any or all of its rights and obligations hereunder without the prior written consent of Ambac. (b) The descriptive headings of the various provisions of this Agreement are inserted for convenience of reference only and shall not be deemed to affect the meaning or construction of any of the provisions hereof. Section 5.05. Other Sureties. If Ambac shall procure any other surety to reinsure the Surety Bond, this Agreement shall inure to th~ benefit of such other surety, its successors and assigns, so as to give to it a direct right of action against the Obligor to enforce this Agreement, and "Ambac," wherever used herein, shall be deemed to include such reinsuring surety, as its respective interests may appear. Section 5.06. Signature on Obligation. The Obligor's liability shall not be affected by its failure to sign the Surety Bond nor by any claim that other indemnity or security was to have been obtained nor by the release of any indemnity, nor the return or exchange of any collateral that may have been obtained. Section 5.07. Waiver. The Obligor waives any defense that this Agreement was executed subsequent to the date of the Surety Bond, admitting and covenanting that such Surety Bond was executed pursuant to the Obligor's request and in reliance on the Obligor's promise to execute this Agreement. Section 5.08. Notices, Requests, Demands. Except as otherwise expressly provided herein, all written notices, requests, demands or other communications to or upon the respective parties hereto shall be deemed to have been given or made when actually received, or in the case of telex or telecopier notice sent over a telex or a telecopier machine owned or operated by a party hereto, when sent, addressed as specified below or at such other address as either of the parties hereto or the Paying Agent may hereafter specify in writing to the others: If to the Obligor: > If to the Paying Agent: > If to Ambac: Ambac Assurance Corporation One State Street Plaza 17th Floor New York, New York 10004 Attention: General Counsel Section 5.09. Survival of Representations and Warranties. All representations, warranties and obligations contained herein shall survive the execution and delivery of this Agreement and the Surety Bond. Section 5.10. Governing Law. This Agreement and the rights and obligations of the parties under this Agreement shall be governed by and construed and interpreted in accordance with the laws of the State. Section 5.11. Counterparts. This Agreement may be executed in any number of copies and by the different parties hereto on the same or separate counterparts, each of which shall be deemed to be an original instrument. Complete counterparts of this Agreement shall be lodged with the Obligor and Ambac. Section 5.12. Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. IN WITNESS WHEREOF, each of the parties hereto has caused a counterpart of this Agreement to be duly executed and delivered as of the date fa'st above written. [OBLIGORI (Seal) Attest: B y Title: Title: AMBAC ASSURANCE CORPORATION Attest: By Title: Title: ANNEX A - SURETY BOND ANNEX B 108 DEFINITIONS For all purposes of this Agreement, except as otherwise expressly provided herein or unless the context otherwise requires, all capitalized terms shall have the meaning as set out below. "Agreement" means this Guaranty Agreement. "Ambac" has the same meaning as set forth in the first paragraph of this Agreement. "Collateral and Revenues" has the same meaning as set forth in Section 2.03 hereof. "Commitment" means the Ambac Commitment for Surety Bond in the form attached hereto as Annex C. "Debt Service Payments" means those payments required to be made by the Obligor which will be applied to payment of principal of and interest on the Obligations. "Effective Interest Rate" means the lesser of the Reimbursement Rate or the maximum rate of interest permitted by then applicable law; provided, however, that the Effective Interest Rate shall in no event be less than the interest rate on the Obligations. "Event of Default" shall mean those events of default set forth in Section 3.01 of this Agreement. "Legally Available Funds" means any moneys legally available to the Obligor for the payment of its. obligations. "Obligations" has the same meaning as set forth in the second paragraph of this Agreement. "Obligor" has the same meaning as set forth in the first paragraph of this Agreement. "Owners" means the registered owner of any Obligation as indicated in the books maintained by the applicable paying agent, the Obligor or any designee of the Obligor for such purpose. The term "Owner" shall not include the Obligor or any person or entity whose obligation or obligations by agreement constitute the underlying security or source of payment for the Obligations. "Paying Agent" means "Reimbursement Period" means, with respect to a particular Surety Bond Payment, the period commencing on the date of such Surety Bond Payment and ending 12 months following such Surety Bond Payment. "Reimbursement Rate" means Citibank's prime rate plus two (2) percent per annum, as of the date of such Surety Bond Payment, said "prime rate" being the rate of interest announced from time to time by Citibank, New York, New York, as its prime rate. The rate of interest shall be calculated on the basis of a 360 day year. "Resolution" means "State" means the State of "Surety Bond" means the Surety Bond issued by Ambac substantially in the form attached to this Agreement as Annex A. "Surety Bond Coverage" means the amount available at any particular time to be paid to the Paying Agent under the terms of the Surety Bond, which amount shall never exceed $ "Surety Bond Payment" means an amount equal to the Debt Service Payment less (i) that portion of the Debt Service Payment paid by the Obligor, and (ii) other funds legally available to the Paying Agent for payment to the Owners, all as certified by the Paying Agent in a demand for payment rendered pursuant to the terms of the Surety Bond. ANNEX C COMMITMENT Ambac A~surance Corporation One State Street Plaza New York, NY 10004 212.665.0340 A member of Ambac Financial Group, Inc. COMMITMENT FOR SURETY BOND Obligor: COLLIER COUNTY, FLORIDA Commitment Number: SB24320 Commitment Date: February 4, 2003 Expiration Date: May 2, 2003 Obligations: $106,555,000, Gas Tax Revenue Bonds, Series 2003, dated their Date of Delivery maturing on June 1, 2023 Surety Amount: $5,012,225' Insurance premium: 2.00% of the surety amount. Ambac Assurance Corporation (Ambac) A Wisconsin Stock Insurance Corporation hereby commits to issue .a Surety Bond (the "Commitment") relating to the Debt Service Reserve Fund for the above-described debt obligations (the "Obligations"), substantially in the form attached hereto, subject to the terms and conditions contained herein or added hereto (see conditions set forth herein). To extend this Commitment after the expiration date set forth above, an oral (subsequently confirmed in writing) or written request for renewal must be submitted to Ambac at least one business day prior to such expiration date. Ambac reserves the right to refuse to grant a renewal or may renew this Commitment subject to additional terms and conditions. The Surety Bond (the "Surety") shall be issued if the following conditions are satisfied: 1. Ambac surety is for only half the Debt Service Reserve Requirement. 2. Ambac shall receive an opinion of counsel or a certificate of an officer of the Obligor or ultimate obligor stating that the information supplied to Ambac in order to obtain the Surety and the documents to be executed and delivered in connection with the issuance and sale of the Obligations do not contain any untrue or misleading statement of a material fact and do not fail to state a material fact required to be stated therein or necessary in order to make the information contained therein not misleading. 3. No event shall occur which would permit any purchaser of the Obligations, otherwise required, not to be requked to purchase the Obligations on the date scheduled for the issuance and delivery thereof. 4. There shall be no material change in or affecting the Obligations, the Obligor or ultimate obligor (including, but not limited to, the security for the Obligations or the proposed debt service structure for the Obligations), the Official Statement, if any (or any similar disclosure document), including any ' Subject to change, with Ambac's approval. o financial statements therein contained, the financing documents or any legal opinions to be executed and delivered in connection with the issuance and sale of the Obligations, or any other information submitted to Ambac in order to obtain the Surety, from the descriptions or schedules thereof heretofore provided to Ambac at any time prior to the issuance of the Obligations and there shall not have occurred or come to the attention of the Obligor or purchaser any material change of fact or law adverse to the interests of Ambac, unless approved by Ambac in writing. Unless expressly waived in whole or in part by Ambac, the financing documents shall contain a) the terms and provisions provided in the Ambac STANDARD PACKAGE transmitted herewith, and b) any provisions or comments given orally by Ambac. Ambac will prepare, and the Obligor will execute, a Guaranty Agreement in the form (with such revisions of Ambac and the Obligor agree to) contained in the Standard Package. NO LATER THAN FIVE (5) BUSINESS DAYS PRIOR TO CLOSING, Ambac shall be provided with: a) the final debt service schedule; and b) proposed copies of all financing documents; and c) the proposed official statement (or any similar disclosure document); and d) the proposed various legal opinions delivered in connection with the issuance and sale of the Obligations, including, without limitation, the unqualified approving opinion of bond counsel rendered by a law f'trm acceptable to Ambac. The form of bond counsel's approving opinion must be acceptable to Ambac. The form of bond counsel's approving opinion shall indicate that the Obligor must comply with certain covenants uader and pursuant to the Intemal Revenue Code of 1986, as amended and that the Obligor has the legal power to comply with such covenants. Ambac shall also be provided with executed copies of all financing documents, including but not limited to the Official Statement (or any similar disclosure document) and the various legal opinions rendered. The executed opinion of bond counsel shall be addressed to Ambac or in lieu thereof, a letter shall be provided to Ambac to the effect that Ambac may rely on such opinion as if it were addressed to Ambac and such letter shall be delivered with an executed opinion; and e) any provisions of the Purchase Contract or Bond Purchase Agreement referencing Ambac or the Obligor of the Surety in general. If such provisions are not received in a timely manner or if provisions are insetted in the Purchase Contract or Bond Purchase Agreement without Ambac's knowledge, compliance with such provisions may not be possible; and f) a letter from bond counsel or counsel to the purchaser or otherwise from another counsel acceptable to Ambac to the effect that the financing documents, the Official Statement (or any similar disclosure documen0 and the various legal opinions executed and delivered in connection with the issuance and sale of the Obligations, are substantially in the forms previously submitted to Ambac for review, with only such amendments, modifications or deletions as may be approved by Ambac; and g) a copy of any insurance policy, surety bond, guaranty or indemnification or any other policy, contract or agreement which provides for payment of all or any portion of the debt, the costs of reconstruction, the loss of business income or in any way secures, ensures or enhances the income stream anticipated to pay the Obligations. 8. Evidence of wire transfer of an amount equal to the payment for the Surety at the time of the issuance and delivery of the Obligations. 9. An opinion addressed to Ambac by counsel acceptable to Ambac that the Guaranty Agreement is a legal, valid and binding obligation of the Obligor thereof, enforceable in accordance with its terms. EXHIBIT D FORM OF ESCROW DEPOSIT AGREEMENT ESCROW DEPOSIT AGREEMENT ESCROW DEPOSIT AGREEMENT, dated as of , 2003, by and between COLLIER COUNTY, FLORIDA (the "County"), and FIFTH THIRD BANK (the "Escrow Agent"), a national banking association organized and existing under the laws of the United States of America, having its designated corporate trust office in Cincinnati, Ohio, as escrow agent hereunder. WHEREAS, the County has heretofore issued its Collier County, Florida Road Improvement Refunding Revenue Bonds, Series 1995 (the "Prior Bonds") pursuant to Resolution No. 80-114 adopted on June 10, 1980, as amended and supplemented (the "Prior Resolution"); and WHEREAS, the County has determined it is in its best interests to refund all of the Prior Bonds; and WHEREAS, the County has determined to issue its Collier County, Florida Gas Tax Revenue Bonds, Series 2003 (the "Series 2003 Bonds") pursuant to Resolution No. , adopted on February 11, 2003, a portion of the proceeds of which Series 2003 Bonds, together with other legally available moneys of the County, will be used, other than a cash deposit, to purchase certain United States Treasury obligations in order to provide payment for the Prior Bonds and discharge and satisfy the pledge of and lien on the Gas Taxes (as defined in the Prior Resolution) under the Prior Resolution in regard to such Prior Bonds; and WHEREAS, the issuance of the Series 2003 Bonds, the purchase by the Escrow Agent of the hereinafter defined Escrow Securities, the deposit of such Escrow Securities into an escrow deposit trust fund to be held by the Escrow Agent and the discharge and satisfaction of the pledge of and lien on the Gas Taxes under the Prior Resolution in regard to the Prior Bonds shall occur as a simultaneous transaction; and WHEREAS, this Agreement is intended to effectuate such simultaneous transaction; NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants hereinafter set forth, the parties hereto agree as follows: SECTION 1. PREAMBLES. The County represents that the recitals stated above are true and correct, and the same are incorporated herein. SECTION 2. RECEIPT OF PRIOR RESOLUTION AND VERIFICATION REPORT. Receipt of a true and correct copy of the above-mentioned Prior Resolution and this Agreement is hereby acknowledged by the Escrow Agent. The applicable and necessary provisions of the Prior Resolution, including, without limitation, Section 20 thereof, are incorporated herein by reference. The Escrow Agent also acknowledges receipt of the verification report of ., dated ., 2003 (the "Verification Report"). Reference herein to or citation herein of any provisions of the Prior Resolution or the Verification Report shall be deemed to incorporate the same as a part hereof in the same manner and with the same effect as if the same were fully set forth herein. SECTION 3. DISCHARGE OF PLEDGE OF HOLDERS OF PRIOR BONDS. In accordance with Section 20 of the Prior Resolution, the County by this writing exercises its option to discharge and satisfy the pledge of and lien on the Gas Taxes in favor of the holders of the Prior Bonds. SECTION 4. ESTABLISHMENT OF ESCROW FUND. There is hereby created and established with the Escrow Agent a special, segregated and irrevocable escrow deposit trust fund designated the "Collier County, Florida Road Improvement Refunding Revenue Bonds, Series 1995 Escrow Deposit Trust Fund" (the "Escrow Fund"). The Escrow Fund shall be held in the custody of the Escrow Agent as a trust fund for the benefit of the holders of the Prior Bonds, separate and apart from other funds and accounts of the County and the Escrow Agent. The Escrow Agent hereby accepts the Escrow Fund and acknowledges the receipt of and deposit to the credit of the Escrow Fund the sum of $ from the County from proceeds of the Series 2003 Bonds (the "Bond Proceeds"), and the sum of $ received from the County from certain moneys on deposit in the funds and accounts established pursuant to the Prior Resolution for the benefit of the holders of the Prior Bonds (the "County Moneys"). SECTION 5. DEPOSIT OF MONEYS AND SECURITIES IN ESCROW FUND. The County hereby directs the use of the Bond Proceeds and County Moneys as provided in this Section 5. The Escrow Agent represents and acknowledges that, concurrently with the deposit of the Bond Proceeds and County Moneys under Section 4 above, it has used all of the Bond Proceeds and $__ of the County Moneys to purchase on behalf of and for the account of the County certain [non-callable United States Treasury obligations] (collectively, together with any other securities which may be on deposit, from time to time, in the Escrow Fund, the "Escrow Securities"), which are described in Schedule A hereto, and the Escrow Agent will deposit such Escrow Securities and $ of the County Moneys in cash (the "Cash Deposit") in the Escrow Fund. All Escrow Securities shall be noncallable, direct obligations of the United States of America. [In the event any of the Escrow Securities described in Schedule A hereto are not available for delivery on ,2003, the Escrow Agent may, at the written direction of the County and with the approval of Bond Counsel, substitute other United States Treasury obligations and shall credit such other obligations to the Escrow Fund and hold such obligations until the aforementioned Escrow Securities have been delivered. Bond Counsel shall, as a condition precedent to giving its approval, require the County to provide it with a revised Verification Report in regard to the adequacy of the Escrow Securities, taking into account the substituted obligations to pay the Prior Bonds in accordance with the terms hereof. The Escrow Agent shall in no manner be responsible or liable for failure or delay of Bond Counsel or the County to promptly approve the substitutions of other United States Treasury obligations for the Escrow Fund.l SECTION 6. SUFFICIENCY OF ESCROW SECURITIES AND THE CASH DEPOSIT. In reliance upon the Verification Report, the County represents that the Cash Deposit and the interest on and the principal amounts successively maturing on the Escrow Securities in accordance with their terms (without consideration of any reinvestment of such maturing principal and interest) are sufficient such that moneys will be available to the Escrow Agent in amounts sufficient and at the times required to pay the amounts of principal of, redemption premium, if any, and interest due and to become due on the Prior Bonds as described in Schedule B attached hereto. If the Escrow Securities and the Cash Deposit shall be insufficient to make such payments, the County shall timely deposit to the Escrow Fund, solely from legally available funds of the County, such additional amounts as may be required to pay the Prior Bonds as described in Schedule B hereto. Notice of any insufficiency shall be given by the Escrow Agent to the County as promptly as possible, but the Escrow Agent shall in no manner be responsible for the County's failure to make such deposits. SECTION 7. ESCROW SECURITIES AND THE CASH DEPOSIT IN TRUST FOR HOLDERS OF PRIOR BONDS. The deposit of the Escrow Securities and the Cash Deposit in the Escrow Fund shall constitute an irrevocable deposit of Federal Securities (as defined in the Prior Resolution) and cash in trust solely for the payment of the principal of, redemption premium, if any, and interest on the Prior Bonds at such times and in such amounts as set forth in Schedule B hereto, and the principal of and interest earnings on such Escrow Securities and the Cash Deposit shall be used solely for such purpose. SECTION 8. ESCROW AGENT TO PAY PRIOR BONDS FROM ESCROW FUND. The County hereby directs, and the Escrow Agent hereby agrees, that it will take all actions required to be taken by it under the provisions of the Prior Resolution referenced in this Agreement, including the timely transfer of money to the Paying Agent for the Prior Bonds as provided in the Prior Resolution, in order to effectuate this Agreement and to pay the Prior Bonds in the amounts and at the times provided in Schedule B hereto. The Escrow Securities and the Cash Deposit shall be used to pay the principal of, redemption premium, if any, and interest on the Prior Bonds as the same may mature or be redeemed. If any payment date shall be a day on which either the Paying Agent for the Prior Bonds or the Escrow Agent is not open for the acceptance or delivery of funds, then the Escrow Agent may make payment on the next business day. The liability of the Escrow Agent for the payment of the principal of, redemption premium, if any, and interest on the Prior Bonds pursuant to this Agreement shall be limited to the application of the Escrow Securities and the Cash Deposit and the interest earnings thereon available for such purposes in the Escrow Fund. SECTION 9. REINVESTMENT OF MONEYS AND SECURITIES IN ESCROW FUND. Moneys deposited in the Escrow Fund shall be invested only in the Escrow Securities listed in Schedule A hereto and the Cash Deposit and, except as provided in Section 5 hereof and this Section 9, neither the County nor the Escrow Agent shall otherwise invest or reinvest any moneys in the Escrow Fund. Except as provided in Section 5 hereof and in this Section 9, the Escrow Agent may not sell or otherwise dispose of any orall of the Escrow Securities or the Cash Deposit in the Escrow Fund and reinvest the proceeds thereof in other securities nor may it substitute securities for any of the Escrow Securities, except up on written direction of the County and where, prior to any such reinvestment or substitution, the Escrow Agent has received from the County the following: (a) a written verification report by a firm of independent certified public accountants, of recognized standing, appointed by the County and acceptable to the Escrow Agent, to the effect that after such reinvestment or substitution the principal amount of Escrow Securities, together with the interest therein, will be sufficient to pay the Prior Bonds as described in Schedule B hereto; and (b) a written opinion of nationally recognized Bond Counsel to the effect that (i) such investment will not cause the Series 2003 Bonds or the Prior Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code, as amended, and the regulations promulgated thereunder or otherwise cause the interest on the Prior Bonds or the Series 2003 Bonds to be included as gross income for purposes of federal income taxation, and (ii) such investment does not violate any provision of Florida law or of the Prior Resolution. 4 The above-described verification report need not be provided in the event the County purchases Escrow Securities with the proceeds of maturing Escrow Securities and such purchased Escrow Securities mature on or before the next interest payment date for the Prior Bonds and have a face amount which is at least equal to the cash amount invested in such Escrow Securities. In the event the above-referenced verification concludes that there are surplus moneys in the Escrow Fund, such surplus moneys shall be released to the County upon its written direction. The Escrow Fund shall continue in effect until the date upon which the Escrow Agent makes the final payment to the Paying Agent for the Prior Bonds in an amount sufficient to pay the Prior Bonds as described in Schedule B hereto, whereupon the Escrow Agent shall sell or redeem any Escrow Securities remaining in the Escrow Fund, and shall remit to the County the proceeds thereof, together with all other money, if any, then remaining in the Escrow Fund. SECTION 10. REDEMPTION OF CERTAIN PRIOR BONDS. The County hereby irrevocably instructs the Escrow Agent to direct, on behalf of the Issuer, that the Registrar and Paying Agent for the Prior Bonds give at the appropriate times the notice or notices, if any, required by the Prior Resolution in connection with the redemption of the Prior Bonds. Such notice of redemption shall be given by the Registrar for such Prior Bonds in accordance with the Prior Resolution. ]The Prior Bonds maturing on or after June 1,2004 shall be redeemed on June 1, 2003 at a redemption price equal to 102% of the principal amount thereof plus interest accrued to the redemption date. The Prior Bonds maturing on June 1,2003 shall be paid at maturity without premium.] SECTION ll. DEFEASANCE NOTICE TO HOLDERS OF PRIOR BONDS. Concurrently with the deposit of the Escrow Securities set forth in Section 5 hereof, the Prior Bonds shall be deemed to have been paid within the meaning and with the effect expressed in Section 20 of the Prior Resolution. Within 10 days of the deposit of moneys into the Escrow Fund, the Escrow Agent, on behalf of the County, shall cause the Registrar for the Prior Bonds to mail to the holders of the Prior Bonds the appropriate notices in the form provided in Schedule C attached hereto. SECTION 12. ESCROW FUND IRREVOCABLE. The Escrow Fund hereby created shall be irrevocable and the holders of the Prior Bonds shall have an express lien on all Escrow Securities and the Cash Deposit deposited in the Escrow Fund pursuant to the terms hereof and the interest earnings thereon until paid out, used and applied in accordance with this Agreement and the Prior Resolution. Neither the County nor the Escrow Agent shall cause nor permit any other lien or interest whatsoever to be imposed upon the Escrow Fund. 108 SECTION 13. AMENDMENTS TO AGREEMENT. This Agreement is made for the benefit of the County and the holders from time to time of the Prior Bonds and it shall not be repealed, revoked, altered or amended without the written consent of all such holders and the written consent of the Escrow Agent; provided, however, that the County and the Escrow Agent may, without the consent of, or notice to, such holders, enter into such agreements supplemental to this Agreement as shall not adversely affect the rights of such holders and as shall not be inconsistent with the terms and provisions of this Agreement, for any one or more of the following purposes: (a) to cure any ambiguity or formal defect or omission in this Agreement; (b) to grant, or confer upon, the Escrow Agent for the benefit of the holders of the Prior Bonds, any additional rights, remedies, powers or authority that may lawfully be granted to, or conferred upon, such holders or the Escrow Agent; and (c) to subject to this Agreement additional funds, securities or properties. The Escrow Agent shall be entitled to rely exclusively upon an opinion of nationally recognized Bond Counsel with respect to compliance with this Section 13, including the extent, if any, to which any change, modification or addition affects the rights of the holders of the Prior Bonds, or that any instrument executed hereunder complies with the conditions and provisions of this Section 13. SECTION 14. FEES AND EXPENSES OF ESCROW AGENT; INDEMNIFICATION. In consideration of the services rendered by the Escrow Agent under this Agreement, the County agrees to and shall pay to the Escrow Agent the fees and expenses as shall be agreed to in writing by the parties hereto. The Escrow Agent shall have no lien whatsoever upon any of the Escrow Securities in said Escrow Fund for the payment of such proper fees and expenses. The County further agrees to indemnify and save the Escrow Agent harmless, to the extent allowed by law, against any liabilities which it may incur in the exercise and performance of its powers and duties hereunder, and which are not due to its negligence or misconduct. Indemnification provided under this Section 14 shall survive the termination of this Agreement. Whenever the Escrow Agent shall deem it necessary or desirable that a matter be proved or established prior to taking, suffering or omitting any action under this Agreement, such matter may be deemed to be conclusively established by a certificate signed by an authorized officer of the County. The Escrow Agent may conclusively rely, as to the correctness of statements, conclusions and opinions therein, upon any certificate, report, opinion or other document furnished to the Escrow Agent pursuant to any provision o f this Agreement; the Escrow Agent shall be protected and shall not be liable for acting or proceeding, in good faith, upon such reliance; and the Escrow Agent shall be under no duty to make any investigation or inquiry as to any statements contained or matters referred to in any such instrument. The Escrow Agent may consult with counsel, who may be counsel to the County or independent counsel, with regard to legal questions, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by it hereunder in good faith in accordance herewith. Prior to retaining such independent counsel, the Escrow Agent shall notify the County of its intention. The Escrow Agent and its successors, agents and servants shall not be held to any personal liability whatsoever, in tort, contract or otherwise, by reason of the execution and delivery of this Agreement, the establishment of the Escrow Fund, the acceptance and disposition of the various moneys and funds described herein, the purchase, retention or payment, transfer or other application of funds or securities by the Escrow Agent in accordance with the provisions of this Agreement or any non-negligent act, omission or error of the Escrow Agent made in good faith in the conduct of its duties. The Escrow Agent shall, however, be liable to the County and to holders of the Prior Bonds to the extent of their respective damages for negligent or willful acts, omissions or errors of the Escrow Agent which violate or fail to comply with the terms of this Agreement. The duties and obligations of the Escrow Agent shall be determined by the express provisions of this Agreement. SECTION 15. REPORTING REQUIREMENTS OF ESCROW AGENT. As soon as practicable after June 1,2003, the Escrow Agent shall forward in writing to the County a statement in detail of the activity of the Escrow Fund. SECTION 16. RESIGNATION OR REMOVAL OF ESCROW AGENT. The Escrow Agent, at the time acting hereunder, may at any time resign and be discharged from the duties and obligations hereby created by giving not less than 20 days' written notice to the County and mailing notice thereof, specifying the date when such resignation will take effect to the holders of all Prior Bonds then outstanding, but no such resignation shall take effect unless a successor Escrow Agent shall have been appointed by the holders of a majority in aggregate principal amount of the Prior Bonds then outstanding or by the County as hereinafter provided and such successor Escrow Agent shall have accepted such appointment, in which event such resignation shall take effect immediately upon the appointment and acceptance of a successor Escrow Agent. The Escrow Agent may be replaced at any time by an instrument or concurrent instruments in writing, delivered to the Escrow Agent and signed by either the County or the holders of a majority in aggregate principal amount of the Prior Bonds then outstanding. Such instrument shall provide for the appointment of a successor Escrow Agent, which appointment shall occur simultaneously with the removal of the Escrow Agent. In the event the Escrow Agent hereunder shall resign or be removed, or be dissolved, or shall be in the course of dissolution or liquidation, or otherwise become incapable of acting hereunder, or in case the Escrow Agent shall be taken under the control of any public officer or officers, or of a receiver appointed by a court, a successor may be appointed by the County or by the holders of a majority in aggregate principal amount of the Prior Bonds then outstanding by an instrument or concurrent instruments in writing, signed by such holders, or by their attorneys in fact, duly authorized in writing. In the event the holders of the Prior Bonds shall appoint a successor Escrow Agent, the County may appoint a temporary Escrow Agent to fill such vacancy until a successor Escrow Agent shall be appointed by the holders of a majority in aggregate principal amount of the Prior Bonds then outstanding in the manner above provided, and any such temporary Escrow Agent so appointed by the County shall immediately and without further act be superseded by the Escrow Agent so appointed by such holders. The County shall mail notice of any such appointment made by it at the times and in the manner described in the first paragraph of this Section 16. In the event that no appointment of a successor Escrow Agent or a temporary successor Escrow Agent shall have been made by such holders or the County pursuant to the foregoing provisions of this Section 16 within 20 days after written notice of resignation of the Escrow Agent has been given to the County, the holder of any of the Prior Bonds or any retiring Escrow Agent may apply to any court of competent jurisdiction for the appointment of a successor Escrow Agent, and such court may thereupon, after such notice, if any, as it shall deem proper, appoint a successor Escrow Agent. In the event of replacement or resignation of the Escrow Agent, the Escrow Agent shall remit to the County the prorated portion of prepaid fees not yet incurred or payable, less any termination fees and expenses at the time of discharge, and shall have no further liability hereunder and the County shall indemnify and hold harmless Escrow Agent from any such liability, including costs or expenses incurred by Escrow Agent or its counsel. No successor Escrow Agent shall be appointed unless such successor Escrow Agent shall be a corporation with trust powers organized under the banking laws of the United States or any State, and shall have at the time of appointment capital and surplus of not less than $30,000,000. Every successor Escrow Agent appointed hereunder shall execute, acknowledge and deliver to its predecessor and to the County an instrument in writing accepting such appointment hereunder and thereupon such successor Escrow Agent, without any further act, deed or conveyance, shall become fully vested with all the rights, immunities, powers, trusts, duties and obligations of its predecessor; but such predecessor shall nevertheless, on the written request of such successor Escrow Agent or the County execute and deliver an instrument transferring to such successor Escrow Agent all the estates, properties, rights, powers and trust of such predecessor hereunder; and every predecessor Escrow Agent shall deliver all securities and moneys held by it to its successor; provided, however, that before any such delivery is required to be made, all fees, advances and expenses of the retiring or removed Escrow Agent shall be paid in full. Should any transfer, assignment or instrument in writing from the County be required by any successor Escrow Agent for more fully and certainly vesting in such successor Escrow Agent the estates, rights, powers and duties hereby vested or intended to be vested in the predecessor Escrow Agent, any such transfer, assignment and instruments in writing shall, on request, be executed, acknowledged and delivered by the County. Any corporation into which the Escrow Agent, or any successor to it in the trusts created by this Agreement, may be merged or converted or with which it or any successor to it may be consolidated, or any corporation resulting from any merger, conversion, consolidation or tax-free reorganization to which the Escrow Agent or any successor to it shall be a party shall be the successor Escrow Agent under this Agreement without the execution or filing of any paper or any other act on the part of any of the parties hereto, anything herein to the contrary notwithstanding. SECTION 17. TERMINATION OF AGREEMENT. This Agreement shall terminate when all transfers and payments required to be made by the Escrow Agent under the provisions hereof shall have been made. Upon such termination, all moneys remaining in the Escrow Fund shall be released to the County. SECTION 18. GOVERNING LAW. This Agreement shall be governed by the applicable laws of the State of Florida. SECTION 19. SEVERABILITY. If any one or more of the covenants or agreements provided in this Agreement on the part of the County or the Escrow Agent to be performed should be determined by a court of competent jurisdiction to be contrary to law, such covenant or agreement shall be deemed and construed to be severable from the remaining covenants and agreements herein contained and shall in no way affect the validity of the remaining provisions of this Agreement. SECTION 20. COUNTERPARTS. This Agreement may be executed in several counterparts, all or any of which shall be regarded for all purposes as one original and shall constitute and be but one and the same instrument. 9 SECTION 21. NOTICES. Any notice, authorization, request or demand required or permitted to be given in accordance with the terms of this Agreement shall be in writing and sent by registered or certified mail addressed to: Collier County, Florida 3301 Tamiami Trail East Naples, Florida 34112 Attn: Finance Director Fifth Third Bank MD 10AT60 38 Fountain Square Plaza Cincinnati, Ohio 45263 Attn: IN WITNESS WHEREOF, the parties hereto have each caused this Escrow Deposit Agreement to be executed by their duly authorized officers and appointed officials and their seals to be hereunder affixed and attested as of the date first written herein. COLLIER COUNTY, FLORIDA (SEAL) ATTEST: Chairman Clerk FIFTH THIRD BANK, as Escrow Agent (SEAL) By: Authorized Signatory 10 SCHEDULE A ESCROW SECURITIES Settlement Maturity Par Type Date Date Amount Interest Rate Purchase Price A-1 SCHEDULEB DEBT SERVICE REQUIREMENTS FOR PRIOR BONDS Payment D ate Principal Interest Premium Total B-1 SCHEDULE C FORM OF NOTICE OF DEFEASANCE Notice is hereby given pursuant to Resolution No. 80-114 adopted by the Board of County Commissioners of Collier County, Florida on June 10, 1980, as amended and supplemented (the "Prior Resolution"), that all of the outstanding Collier County, Florida Road Improvement Refunding Revenue Bonds, Series 1995 (the "Prior Bonds") are deemed to be paid within the meaning of the Prior Resolution and shall no longer be secured from the Gas Taxes (as defined in the Prior Resolution) and shall be secured solely from the irrevocable deposit of U.S. Treasury obligations and cash made by the County with , as Escrow Agent, in accordance with Section 20 of the Prior Resolution. [The Prior Bonds maturing on or after June 1, 2004 shall be redeemed on June 1,2003 at the offices of the paying agent for the Prior Bonds at a redemption price equal to 102% of the principal amount thereof plus interest accrued to the redemption date. The Prior Bonds maturing on June 1,2003 shall be paid at maturity without premium.l C-1 EXHIBIT E FORM OF CONTINUING DISCLOSURE CERTIFICATE CONTINUING DISCLOSURE CERTIFICATE This Continuing Disclosure Certificate (the "Disclosure Certificate") is executed and delivered by Collier County, Florida (the "Issuer") in connection with the issuance of its $. Gas Tax Revenue Bonds, Series 2003 (the "Bonds"). The Bonds are being issued pursuant to Resolution No. 03- adopted by the Board of County Commissioners of the Issuer on , 2003, as amended and supplemented, and as particularly supplemented by Resolution No. 02- adopted by the Board of County Commissioners of the Issuer on ., 2003 (collectively, the "Resolution"). SECTION 1. PURPOSE OF THE DISCLOSURE CERTIFICATE. This Disclosure Certificate is being executed and delivered by the Issuer for the benefit of the Holders and Beneficial Owners of the Bonds and in order to assist the Participating Underwriters in complying with the continuing disclosure requirements of Securities and Exchange Commission Rule 15c2-12. SECTION 2. DEFINITIONS. In addition to the definitions set forth in the Resolution which apply to any capitalized term used in this Disclosure Certificate, unless otherwise defined in this Section, the following capitalized terms shall have the following meanings: "Annual Report" shall mean any Annual Report provided by the Issuer pursuant to, and as described in, Sections 3 and 4 of this Disclosure Certificate. "Beneficial Owner" shall mean any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. "Dissemination Agent" shall mean the Issuer, or any successor Dissemination Agent designated in writing by the Issuer and which has filed with the Issuer a written acceptance of such designation. "Listed Events" shall mean any of the events listed in Section 5(a) of this Disclosure Certificate. "National Repository" shall mean any Nationally Recognized Municipal Securities Information Repository for purposes of the Rule. The National Repositories currently approved by the Securities and Exchange Commission are set forth in Exhibit B. "Participating Underwriters" shall mean the original underwriters of the Bonds required to comply with the Rule in connection with offering of the Bonds. "Repository" shall mean each National Repository and each State Repository. "Rule" shall mean the continuing disclosure requirements of Rule 15c2-12 adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time. "State" shall mean the State of Florida. "State Repository" shall mean any public or private repository or entity designated by the State as a state information depository for the purpose of the Rule and recognized as such by the Securities and Exchange Commission. As of the date of this Certificate, there is no State Repository. SECTION 3. PROVISION OF ANNUAL REPORTS. (a) The Issuer shall, or shall cause the Dissemination Agent to, not later than each April 30th, commencing April 30, 2003 with respect to the report for the 2002 fiscal year, provide to each Repository an AnnualRe port which is consistent with the requirements of Section 4 of this Disclosure Certificate. The Annual Report may be submitted as a single document or as separate documents comprising a package, and may cross-reference other information as provided in Section 4 of this Disclosure Certificate; provided that the audited financial statements of the Issuer may be submitted separately from the balance of the Annual Report and later than the date required above for the filing of the Annual Report if they are not available by that date provided, further, in such event unaudited financial statements are required to be delivered as part of the Annual Report in accordance with Section 4(a) below. If the Issuer's fiscal year changes, it shall give notice of such change in the same manner as for a Listed Event under Section 5(c). (b) Not later than fifteen (15) Business Days prior to the date set forth in (a) above, the Issuer shall provide the Annual Report to the Dissemination Agent (if other than the Issuer). If the Issuer is unable to provide to the Repositories an Annual Report by the date required in subsection (a), the Issuer shall send a notice to (i) each National Repository or the Municipal Securities Rulemaking Board, and (ii) the State Repository in substantially the form attached as Exhibit A. (c) The Dissemination Agent shall: (i) determine each year prior to the date for providing the Annual Report the name and address of each National Repository and the State Repository, if any; and (ii) if the Dissemination Agent is other than the Issuer, file a report with the Issuer certifying that theAnnu al Report has been provided pursuant to this Disclosure Certificate, stating the date it was provided and listing all the Repositories to which it was provided. SECTION 4. CONTENT OF ANNUAL REPORTS. The Issuer's Annual Report shall contain or include by reference the following: (a) the audited financial statements of the Issuer for the prior fiscal year, prepared in accordance with generally accepted accounting principles as promulgated to apply to governmental entities from time to time by the Governmental Accounting Standards Board. If the Issuer's audited financial statements are not available by the time the Annual Report is required to be filed pursuant to Section 3(a), the Annual Report shall contain unaudited financial statements in a format similar to the financial statements contained in the final Official Statement dated ., 2003 (the "Official Statement"), and the audited financial statements shall be filed in the same manner as the Annual Report when they become available. (b) updates to the following historical financial information and operating data presented in tabular form in the Official Statement entitled " ," " "and" " The information provided under Section 4(b) may be included by specific reference to other documents, including official statements of debt issues of the Issuer or related public entities, which have been submitted to each of the Repositories or the Securities and Exchange Commission. If the document included by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board. The Issuer shall clearly identify each such other document so included by reference. SECTION 5. REPORTING OF SIGNIFICANT EVENTS. (a) Pursuant to the provisions of this Section 5, the Issuer shall give, or cause to be given, notice of the occurrence of any of the following events with respect to the Bonds, if material: 1. principal and interest payment delinquencies; 2. non-payment related defaults; 3. unscheduled draws on the debt service reserves reflecting financial difficulties; 4. unscheduled draws on credit enhancements reflecting financial difficulties; 5. substitution of credit or liquidity providers, or their failure to perform; 6. adverse tax opinions or events affecting the tax-exempt status of the Bonds; 7. modifications to rights of the holders of the Bonds; 8. Bond calls (other than scheduled mandatory redemption); 9. defeasances; 10. release, substitution, or sale of property securing repayment of the Bonds; 11. ratings changes; and 12. notice of any failure on the part of the Issuer to meet the requirements of Section 3 hereof. (b) Whenever the Issuer obtains knowledge of the occurrence of a Listed Event, the Issuer shall promptly determine if such event would be material under applicable federal securities laws; provided, however, that any event under clauses 4, 5, 6, 10, 11 and 12 above shall always be deemed to be material. (c) If the Issuer determines that knowledge of the occurrence of a Listed Event would be material under applicable federal securities laws, the Issuer shall promptly file a notice of such occurrence with (i) each National Repository or the Municipal Securities Rulemaking Board, and (ii) the State Repository. SECTION 6. TERMINATION OF REPORTING OBLIGATION. The Issuer's obligations under thisD isclosure Certificate shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds or if the Rule is repealed or no longer in effect. If such termination occurs prior to the final maturity of the Bonds, the Issuer shall give notice of such termination in the same manner as for a Listed Event under Section 5(c). SECTION 7. DISSEMINATION AGENT. The Issuer may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Certificate, and may discharge any such Dissemination Agent, with or without appointing a successor Dissemination Agent. The Dissemination Agent shall not be responsible in any manner for 10B the content of any notice or report prepared by the Issuer pursuant to this Disclosure Certificate. The initial Dissemination Agent shall be the Issuer. SECTION 8. AMENDMENT; WAIVER. Notwithstanding any other provisiono f this Disclosure Certificate, the Issuer may amend this Disclosure Certificate, and any provision of this Disclosure Certificate may be waived, provided that the following conditions are satisfied: (a) If the amendment or waiver relates to the provisions of Sections 3(a), 4, or 5(a), it may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature or status of the Issuer, or the type of business conducted; (b) The undertaking, as amended or taking into account such waiver, would, in the opinion of nationally recognized bond counsel, have complied with the requirements of the Rule at the time of the original issuance of the Bonds, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and (c) The amendment or waiver either (i) is approved by the holders or Beneficial Owners of the Bonds in the same manner as provided in the Resolution for amendments to the Resolution with the consent of holders or Beneficial Owners, or (ii) does not, in the opinion of nationally recognized bond counsel, materially impair the interests of the holders or Beneficial Owners of the Bonds. In the event of any amendment or waiver of a provision of this Disclosure Certificate, the Issuer shall describe such amendment in the next Annual Report, and shall include, as applicable, a narrative explanation of the reason for the amendment or waiver and its impact on the type (or in the case of a change of accounting principles, on the presentation) of financial information or operating data being presented by the Issuer. In addition, if the amendment relates to the accounting principles to be followed in preparing financial statements, (i) notice of such change shall be given in the same manner as for a Listed Event under Section 5(c), and (ii) the Annual Report for the year in which the change is made should present a comparison (in narrative form and also, if feasible, in quantitative form) between the financial statements as prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. SECTION 9. ADDITIONAL INFORMATION. Nothing in this Disclosure Certificate shall be deemed to prevent the Issuer from disseminating any other information, using the means of dissemination set forth in this Disclosure Certificate or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Listed Event, in addition to that which is required by this Disclosure Certificate. If the Issuer chooses to include any information in any Annual Report or notice of occurrence of a Listed Event in addition to that which is specifically required by this Disclosure Certificate, the Issuer shall have no obligation under this Certificate to update such information or include it in anyfutur e Annual Report or notice of occurrence of a Listed Event. SECTION 10. DEFAULT. In the event of a failure of the Issuer to comply with any provision of this Disclosure Certificate, any holder or Beneficial Owner of the Bonds may take such actions as may be necessary and appropriate, including seeking mandamus or specific performance by court order, to cause the Issuer to comply with its obligations under this Disclosure Certificate; provided, however, the sole remedy under this Disclosure Certificate in the event of any failure of the Issuer to comply with the provisions of this Disclosure Certificate shall be an action to compel performance. A default under this Disclosure Certificate shall not be deemed an Event of Default under the Resolution. SECTION 11. DUTIES, IMMUNITIES AND LIABILITIES OF DISSEMINATION AGENT. The Dissemination Agent shall have only such duties as are specifically set forth in this Disclosure Certificate, and the Issuer agrees to indemnify and save the Dissemination Agent, its officers, directors, employees and agents, harmless against loss, expense and liabilities which it may incur arising out of or in the exercise or performance of its powers and duties hereunder, including the costs and expenses (including attorneys fees) of defending against any claim of liability, but excluding liabilities due to the Dissemination Agent's negligence or wilful misconduct. The obligations of the Issuer under this Section shall survive resignation or removal of the Dissemination Agent and payment of the Bonds. SECTION 12. BENEFICIARIES. This Disclosure Certificate shall inure solely to the benefit of the Issuer, the Dissemination Agent, the Participating Underwriters and holders and Beneficial Owners from time to time of the Bonds, and shall create no rights in any other person or entity. Dated: ,2003 COLLIER COUNTY, FLORIDA By:. Chairman of the Board of County Commissioners EXHIBIT A NOTICE OF FAILURE TO FILE ANNUAL REPORT Name of Issuer: Name of Bond Issue: Date of Issuance: Collier County, Florida Gas Tax Revenue Bonds, Series 2003 ,2003 NOTICE IS HEREBY GIVEN that the Issuer has not provided an Annual Report with respect to the above-named Bonds as required by Sections 3 and 4(b) of the Continuing Disclosure Certificate dated as of __ 1, 2003. The Issuer anticipates that the Annual Report will be filed by Dated: COLLIER COUNTY, FLORIDA By:. Name: Title: Exhibit A- 1 EXHIBIT B Nationally Recognized Municipal Securities Information Repositories approved by the Securities and Exchange Commission: Bloomberg Municipal Repository 100 Business Park Drive Skillman, NJ 08558 Phone: (609) 279-3225 Fax: (609) 279-5962 Email: Munis@Bloomberg.com FT Interactive Data Attn: NRMSIR 100 William Street New York, NY 10038 Phone: (212) 771-6999 Fax: (212) 771-7390 Email: NRMSIR~FTID.com Website: http://www. InteractiveData.com Standard & Poor's J.J. Kenny Repository 55 Water Street 45th Floor New York, NY 10041 Phone: (212) 438-4595 Fax: (212) 438-3975 Email: nrmsir_repository~sandp.com DPC Data Inc. One Executive Drive Fort Lee, NJ 07024 Phone: (201) 346-0701 Fax: (201) 947-0107 Email: nrmsir~dpcdata.com A list of the names and addresses of all designated Nationally Recognized Municipal Securities Information Repositories as of any date may be obtained by visiting the SEC's website at www.sec.gov/info/municipal/nrmsir.htm. J:\Bonds\43990 l\cdc2.doc January 28, 2003 Exhibit B- 1 iOE RESOLUTION NO. 2003- 84 A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REPEALING RESOLUTIONS NUMBERED 00- 147,00-166, 00-414,00-422 AND 01-246 PERTAINING TO THE CONSTRUCTION AND LAND ACQUISITION FOR WHIPPOORWILL LANE WHEREAS, the construction of Whippoorwill Lane has been determined to be a private project and not a budgeted fund item for Collier County; and WHEREAS, there are no plans to budget funding for the aforementioned construction and acquisition of land for said roadway; WHEREAS, there are outstanding Resolutions pertaining to this matter that need to be repealed in order to be consistent with current Collier County policy; and WHEREAS, the continuation of these Resolutions requires the creation of unnecessary documentation regarding the Collier County Growth Management Plan, eminent domain and undue interference with private development issues and other matters pertaining to the construction of said roadway; and WHEREAS, it is in the best interest of Collier County to repeal these Resolutions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Resolutions 00-147,00-166,00-414,00-422 and 01-246 shall be repealed in their entirety. This Resolution adopted this l~ day of February, 2003 after,'motz.on,~ seCond and majority vote favoring same. AT. TE~t:~~'' ~ ~:' BOARD OF COUNTY COMMISSIONERS D~IGH~< E. ~B~OCK', Clerk COLL~COU~/ FLORI, DA '-~ :'r~' ~,'..,I~. ,~.., By: /~l~lrl ~,.'~'1~ Approved a~'tiY f6rm and~l~ ~J[.[~. ~(:~ ~ (J~cqu~line Hubbard Rob' A~sistant County Attorney - 1 - 10G DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 12, 2003 12B DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFIC AS OF DECEMBER 12, 2003 CLIRK TO TH! BOARD IXT 7240 3133263 OR: 3224 PG: 2564 02/24/2003 at 09:20A# D#IGI~ !, BROCK, CLER[ 16Al RESOLUTION NO. 2003- 6 5 RESOLUTION FOR PETITION AVESMT2002-AR3349 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN TWO 30 FOOT WIDE PARCELS OF LAND CONVEYED TO COLLIER COUNTY BY SEPARATE INSTRUMENT FOR ROAD RIGHT OF WAY, UTILITIES AND DRAINAGE, AS RECORDED IN OFFICIAL RECORD BOOK 484, PAGE 523 AND PAGE 525, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST. 10.50 WHEREAS, pursuant to Section 125.01(0, Florida Statutes, Michael J. Volpe, Esq., of Robins, Kaplan, Miller & Ciresi, L.L.P., as agent for the petitioner, H.D. Development, L.L.C., does hereby request the Board of County Commissioners to vacate, renounce and disclaim the County's and the Public's interest in two 30 foot wide parcels of land conveyed to Collier County by separate instrument for road right of way, utilities and drainage, as recorded in Official Record Book 484, Page 523 and Page 525, Public Records of Collier County, Florida; and WHEREAS, the granting of Petitioner's request will not adversely affect the ownership or right of convenient access of other property owners; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's and the Public's Road Right of Way, Utility and Drainage interests over and across the following two 30 foot wide parcels are hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit: See Exhibit "A" attached hereto and incorporated herein BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida. This Resolution is adopted this after moti0,n., second and majority vote favoring same. ATTEST? . :,.:- DWIGHT E..BROCK~[.~lerk Approved as to fo~ and legal iency: I ~ ~ , PaMck G. ~ke, E~q. Assistant CounW Attorney day of ~O. O41.t , 2003, BOARD OF COUNTY COMMISSIONERS COLLIERBy: C~Y, F,~TA. _ · *** OR: 3224 PG: 2565 *** 16Al EXHIBIT "A" SHEET 1 OF 1 AVESMT2002-AR3349 LEGAL DESCRIPTION OF EASEMENT TO BE VACATED The East thirty (30) feet of the East half of the Southeast quarter of the Southwest quarter of Section 21, Township 48 South, Range 26 East, Collier County, Florida And The West thirty (30) feet of the West half of the West half of the Southwest quarter of the Southeast quarter of Section 21, Township 48 South, Rage 26 East, Collier County, Florida. N89'sg'44*"E 1321.00' i' 330.24' : S89'sg'34'E ~ [I JHff' OblE ~' ' ~.1 Temporory I I pR Fd 1/2' iron R~ (.o Fd. Iron R~ ~ I Cop (ID DENI)~ I Nsg'58'07~ ~bufled under ground. Set Pipe ~ Cap (LB642) flush with top of ground. ~ _ D.B. 43, ~. 251 ~ S 8g'59'~' E 1320,52' Sec. Line ~50,~6~ . ~e~. Une S89' S89'58'07'E .2511.12' ~ ~A~ ~ NO. ~46 S. 1/4 ~r. of Sec. 2t, Tw; ~ S.E. cor. of ~e W. South, Rge. 26 Ea;t. Fd 4'x4' ...... 48 Sou~, Rge. 26 Ealt. ~t~ I/2 -- W. 1/2 - S.W. Conc. Mon. (ID D~I) P.K. No~ ~ ~k ~prop, from ~/4 -- S.E. 1/4 p~l referee. *** OR: BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN 3233 PG: 2117-*** AVILA, FILOMENO & MARIA J 5590 16TM PL SW NAPLES, FL 34116 REF. INV.# 2236 LEGAL DESCRIPTION: FOLIO #: 35987920003 DATE: LIEN NUMBER: Lot 13, Block 87, Golden Gate Unit No. 3, according to the Plat thereof recorded in Plat Book 5, Page 100, of the Public Records of Collier County, Florida.. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 13, and constituted a violation of county regulations on November 22, 2002, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED FIFTY-FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR LNAL RESOLUTION NO. 2003- 6 6 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot 13, of the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: FILOMENO & MARIA J. AVILA LEGAL DESCRIPTION: Lot 13, Block 87, Golden Gate Unit No. 3, according to the Plat thereof recorded in Plat Book 5, Page 100, of the Public Records of Collier County, Florida. COST: $255.00 REFERENCE#: 2236 FOLIO #: 35987920003 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Colli~er,g}55tir~t~.,~l'orida, this [['lAday of ~, 2003. A~EST: :' ~' C, BOARD OF CO~TY COMMISSIONERS ~I~ E. BRoGK, Clerk COLLAR CO~, F~~ ~; Tom Hennin~ Approved as to fo~t~re on, :~. 2-Il-OB legal sufficiency: Thomas C. Palmer, Assistant County Attorney 3140209 OR: 3233 PG: 2116 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/06/2003 at 1I:51AM DWIGHT E, BROCK, CLERK Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 COPIES 10.50 2.00 F: LIEN/MSTR RESOLUTION *** OR: BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN 3233 PG: 2115 *** DATE: GILLIS, ALBENA J. 20201 PLYMOUTH RD APT 1005 DETROIT, MI 48228 REF. INV.# 2237 FOLIO # 36451080009 LIEN NUMBER: LEGAL DESCRIPTION: Lot 16, Block 259, Unit 7 Part - Golden Gate according to plat thereof recorded in plat book 5 page 139 of the Public Records of Collier County, Florida You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 16, and constituted a violation of county regulations on November 25, 2002, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-5 I, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED FIFTY- FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR LNAL 1 6. ,3 RESOLUTION NO. 2003- 6 7 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot 16, of the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: GILLIS, ALBENA J. LEGAL DESCRIPTION: Lot 16, Block 259, Unit 7 Part - Golden Gate according to plat thereof recorded in plat book 5 page 139 of the Public Records of Collier County, Florida. COST: $255.00 REFERENCE#: 2237 FOLIO #: 36451080009 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this 1 [q~day of ~alm-oo4'-t[ , 2003. ATTES.Tf"' ~ ? ~ ' '~' -~ BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,' .Clerk iJ~:putYClbrk ~,'t.~S?a*' ~"~' ~':~"- Appr6ved ag t~ f°r~ ~[~* ,n ~ $, legal su~hdiency: _ t Thomas C.~alme[, Assistant County Attorney 3140208 OR: 3233 PG: 2114 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/06/2003 at II:5IAM D~IGHT E, BROCK, CLERK RFC FEE 10.50 CO~IE~ 2.00 Retn: CLERK TO THE BOARD INTEROPFIC] 4TH FLOOR EXT 72~0 F: LIEN/MSTR RESOLUTION MEMORANDUM 16/14 Date: March 13, 2003 To: From: Re: D.E. "Bleu" Wallace, Director Community Development & Environmental Services Trish Morgan, Deputy Clerk Minutes & Records Department 2003 Tourism Agreement between Collier County and the Naples Botanical Garden Enclosed please find one (1) document, (Agenda Item #16A4) as referenced above, approved by the Board of County Commissioners on Tuesday, February 11, 2003. If you should have any questions, please contact me at 774-8406. Thank you. Enclosure 2003 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE NAPLES BOTANICAL GARDENS THIStheAGREEMENT' is made and~e,~red into this __~'~'~ day of ~o~.-oo. ex~, 2003, by and between Naples Botanical GardenS;, Inc., a Florida not-for-profit corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY". WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated for the promotion of tourism in Collier County nationally and internationally, for the promotion and advertising of activities or events intended to bring tourists to Collier County and, inter alia, to construct, extend, enlarge and improve museums owned and operated by not-for-profit organizations and open to the Public; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax funds to begin site work for the Naples Botanical Gardens project located on Bayshore Drive; and WHEREAS, The Tourist Development Council has approved this request for funding with Tourist Development Tax proceeds; and WHEREAS, The Collier County Board of County Commissioners has approved the funding request of the GRANTEE; and NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION,' IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: 16 J~4 (a) In accordance with the authorized expenditures as set forth in the BUdget of the GRANTEE, attached hereto as Exhibit "A", the GRANTEE agrees to begin site work for the Naples Botanical Garden project, (hereinafter "the Project"). 2. PAYMENT: (a) The amount to be paid under this Agreement shall be Five Hundred Thousand Dollars ($500,000). The GRANTEE shall be paid in accordance with fiscal procedures of the County for the expenditures incurred as described in Paragraph I herein upon submittal of invoices and upon verification that the services or work performed as described in the invoice(s) have been completed or that the goods have been received. (b) GRANTEE shall determine that the goods and services contracted for have been properly provided, and shall submit invoices to the County Manager or his designee for review. (c) The County Manager or his designee shall determine that the invoice payments are authorized and that the goods or services covered by such invoice[s] have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization for the expenditure[s] described in the invoice[s]. (d) All expenditures shall be made in conformity with this Agreement. (e) Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding documentation such as vendor invoices and proof of receipt of the goods or performance of the services invoiced. (f) GRANTEE shall certify to the COUNTY in writing that all subcontractors and vendors have been paid for work and materials previously performed or receive~l prior to receipt of any further payments. 16A (g) The COUNTY shall not pay GRANTEE until the Ex-Officio Clerk of the Board of County Commissioners pre-audits all payment invoices in accordance with law. (h) GRANTEE shall be paid for its actual costs, not to exceed the total amount for any line item nor the maximum amount budgeted pursuant to the attached "Exhibit A". 3. ELIGIBLE EXPENDITURES: (a) Only eligible the expenditures described in Paragraph one will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2002 and the expiration of this agreement.' (c) Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay said funds. (d) COUNTY may request repayment of funds for a period of up to three years after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: (a) GRANTEE shall submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The certificate of insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURy LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABIIXrY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER' S LIABILITY - Statutory (c) The Certificate of Insurance must be delivered to the County Administrator or his designee within ten days of execution of this Agreement by the COUNTY. The GRANTEE shall not commence promotional and advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY. 5. REPORTS: (a) GRANTEE shall provide to County reports every six months on the duties performed and services provided by GRANTEE, its vendors or subcontractors. (b) The report shall identify the amount spent, the duties performed, the services provided and the goods delivered during the preceding six months. 6. CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph 1. (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. (c) GRANTEE agrees to disclose any financial or other relationship between GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. (e) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. 4 7. INDEMNIFICATION: (a) The GRANTEE shall hold harmless and defend the COUNTY, and its agents and employees, from any and all claims, suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed hereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. The GRANTEE's obligation under this provision shall not be limited in any way by the contract price as shown in this Agreement or the GRANTEE's limit of or lack of, sufficient insurance protection. 8. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Ms. Sondra Quinn 9~ President/GOE- (2 ~'O' p~ Naples Botanical Garden~.'z/t'r''' 4820 Bayshore Drive, Suite D Naples, Florida 34112 served All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly if mailed by registered or certified mail to the COUNTY to: Administrator Community Development & Environmental Services Division 2800 N. Horseshoe Drive Naples, Florida 34104 The GRANTEE and the COUNTY may change the above mailing 'addresses at any time upon giving the other party written notification pursuant to this Section. 5 16/14 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to constitute the GRANTEE, or its vendor or subcontractor, as an agent or employee of the COUNTY. I0. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this agreement and shall provide all information and documantation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. 11. TERMINATION: (a) The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination specifying the effective date of termination. (b) If the COUNTY GRANTEE for all expenditures terminates this Agreement, the COUNTY will pay the or contractual obligations incurred by GRANTEE, with subcontractors and vendors, up to the effective date of the termination so long as such expenses are eligible. 12. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement must be recorded, and all expenditures must be incurred within the term of this Agreement. 13. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement for a period of three (3) years. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, 6 16 ' and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving any transactions related to this Agreement. 14. PROHIBITION OF ASSIGNME~NT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 15. TERM: This Agreement shall become effective on October 1, 2002 and shall remain effective for one year until September 30, 2003. If the project is not completed within the term of this agreement, all unreleased funds shall be retained by the COUNTY consistent with the provisions of paragraph eleven (11) herein. Any extension of this agreement beyond the one year term in order to complete the Project must be at the express consent of the Collier County Board of County Commissioners. The GRANTEE must request any extension of this term in writing at least thirty (30) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one year. 16. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the County Administrator or his designee, along with a final budget analysis by November 30, 2003. 17. REQUIRED NOTATION: Ail promotional literature and media advertising must prominently list Collier County as one of the sponsors. 18. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. 7 ATTEST: DWIGHT E. BROCK, Clerk 16~4 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Tom ~an 'Z-iL-05 WISNESSES: ,. Printed/Typed Name Printed/Typed Name GRANTEE: jc~ NAPLES BOTANICAL GARDEN¢, INC. Dc'>/,, oi~-,q-- LM,..t_ t/JrJ Printed/Typed Name ?:',..c---,, ,> ~ ¥---/c Approved as to form and lega~ sufficieqcy ~ Hteidi F. Ashton ' Assistant County Attorney (corporate seal) 8 EXHIBIT "A" Naples Botanical Garden Garden Preview Project Budget Funds are approved to: · Create a 30-foot wide gated entrance on Bayshore Drive, 900 feet from the intersection of Bayshore and Thomasson; Secure approximately $1800 linear landscaping from Events entrance research center entrance; feet of the site with decorative perimeter wall and to Thomasson Drive, down Thomasson to the Secure remaining portion of site perimeter with approximately 12,000 linear feet of fencing and landscaping where appropriate. For all of the above in the aggregate: Design Engineering General Requirements Materials Landscape/Irrigation Specialties Total $ 40,000 $ 31,000 $252,OO0 $117,000 $ 6o,ooo $500,0oo h:HFA\TDC~2Naples Botanical Gardens2003 RESOLUTION NO. 03- 68 1 9 RESOLUTION TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN ISLANDWALK PHASE FOUR, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on February 22, 2000 approved the plat of Islandwalk Phase Four for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements in Islandwalk Phase Four, and authorize the Clerk to release the maintenance security. BE 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 Islandwalk Homeowners Association. This Resolution adopted after motion, second and majority vote favoring same. D~I~' E: B~. :?CK, CLERK s tgnat~' only. p~vod as to fo~ ~d logal Pa~ck G. ~ite Assist~t Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 16AlO CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this day of FE.~P,.LI,~I~ ,20 05 between Kenco Development, Inc., A Florida Corporation, hereinafter referred to as "Developer," and thc Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board." RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as INDIGO LAKES - UNIT SIX: B. Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required subdivision improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constmcted roadway, drainage, water, and sewerage subdivision infrastructure improvements within 12 months from the date of approval of said subdivision plat, said infrastructure improvements hereinafter referred to as the Required Improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A") and by reference made a part of hereof in the amount of Twenty-Seven Thousand and Fifty-Three Dollars and 12/100 Cents (27,053.12) which represents 10% of the total contract cost of the Required Improvements plus Forty-Seven Thousand Two Hundred Sixty-Two Dollars and 00/100 Cents ($47,262.00)which represents 100% of the estimated costs to complete the Required Improvements at the date of this Agreement for a total of Seventy-Four Thousand Three Hundred and Fifteen Dollars and 12/100 Cents ($74,315.12). 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County may call upon the subdivision performance security to insure satisfactory completion of the Required Improvements. 4. The Required Improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been fumished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one-year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. CONSTRUCTION & MAINTENANCE AGREEMENT PAGE 1 OF 2 INDIGO LAKES- UNIT SIX C:[~cumentseaMSettittgs~emtiferPen~e[L~ca~Settings~Temp~rarybtternet Fi~es~LK4~$28u6~?~-C~nst MaintAgree. doc 16 10 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligation under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair, and maintenance of the Required Improvements. The Board shall have the right to construct and maintain, or cause to be constructed and maintained, pursuant to public advertisement and receipt of acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants, and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this [[ ~ dayof F/:::--i~ ~- ~ t°r/'~-~ SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: // Witness/ (Print Name) ATTEST: DWIGHT E. BROCK, CLERK _~roved as to fo~rln and legal sufficiency: David C. Weigel 't' ~ , t, County Attorney KENCO DEVELOPMENT, INC. Kenneth P. Sa~Trdry, Jr., Vi~:etsPresident (Print Name) CONSTRUCTION & MAINTENANCE AGREEMENT INDIGO LAKES- UNIT SlX PAGE 2 OF 2 C.'lDocuments andSettings[Je~uJifer PencekLocal SettingxITemporary ltttert~et b¥1eatOLK411328u6-CoI-Const Mctint Agree. ck~c NationaiCity, INTERNATIONAL DIVISION #7532 P.O. BOX 5101 CLEVELAND, OHIO 44101-0101 U.S,A, TELEX: 212537 ANSWER BACK: NCB UR SWIFT: NATCUS33 STREET ADDRESS: 23000 MILLCREEK BLVD. CLEVELAND, OHIO 44122 IRREVOCABLE STANDBY LETTER OF CREDIT NO. SCL008631 LETI'ER OF CREDIT 1-800'-622-8074 EXPORTS STANDBY'S COLLECTIONS OR FOREIGN CHECKS OPTION 3 OPTION 4 OPTION 5 DATE: FEBRUARY 7, 2003 BENEFICIARY: THE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA ATTN: MR. JOHN HOULDSWORTH DEVELOPMENT REVIEW SERVICES 2800 HORSESHOE DRIVE NORTH NAPLES, FL 34104 APPLICANT: KENCO DEVELOPMENT, INC. 8310 BIG ACORN CIRCLE $$1001 NAPLES, FL 34119 WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. SCL008631 DATED FEBRUARY 7, 2003, IN YOUR FAVOR IN THE AMOUNT OF $74,315.00 (SEVENTY FOUR THOUSAND THREE HUNDRED FIFTEEN U.S. DOLLARS ONLY) FOR THE ACCOUNT OF KENCO DEVELOPMENT, INC., 8310 BIG ACORN CIRCLE $$1001, NAPLES, FL 34119. FUNDS ARE AVAILABLE BY PRESENTATION OF YOUR DRAFT(S) AT SIGHT DRAWN ON NATIONAL CITY BANK CLEVELAND, OHIO AND ACCOMPANIED BY THE FOLLOWING DOCUMENTS: BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER CERTIFYING THAT: "KENCO DEVELOPMENT INC., HAS FAILED TO CONSTRUCT AND/OR MAINTAIN THE IMPROVEMENTS ASSOCIATED WITH THAT CERTAIN PLAT OF A SUBDIVISION KNOWN AS INDIGO LAKES - UNIT SIX OR A FINAL INSPECTION SATISFACTORY TO COLLIER COUNTY HAS NOT BEEN PERFORMED PRIOR TO THE DATE OF EXPIRY, AND SATISFACTORY ALTERNATE PERFORMANCE SECURITY HAS NOT BEEN PROVIDED TO AND FORMALLY ACCEPTED BY THE BENEFICIARY". PARTIAL DRAWINGS ARE PERMITTED. THIS LETTER OF CREDIT EXPIRES ON FEBRUARY 6, 2004. WE HEREBY AGREE THAT THIS LETTER OF CREDIT SHALL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE ONE-YEAR PERIODS FOR THE THEN AVAILABLE BALANCE UNLESS WE GIVE NOTICE TO YOU NO LATER THAN SIXTY (60) DAYS PRECEDING THE THEN CURRENT EXPIRATION DATE THAT WE HAVE ELECTED NOT TO EXTEND THIS LETTER OF CREDIT. WE SHALL SEND YOU THE ABOVE NOTICE BY REGISTERED MAIL OR OVERNIGHT COURIER. THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF THE ISSUER'S UNDERTAKING AND SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED, OR AMPLIFIED BY REFERENCE TO' ANY DOCUMENT, INSTRUMENT, OR AGREEMENT REFERENCED TO HEREIN OR IN WHICH THIS LETTER OF CREDIT RELATES, AND ANy SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT OR AGREEMENT. THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS MUST BE PRESENTED AT THE TIME OF DRAW. ALL DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE ENDORSED THEREON AND MUST BEAR THE CLAUSE: "DRAWN UNDER NATIONAL CITY BANK CLEVELAND, OHIO LETTER OF CREDIT NO. SCL008631, DATED FEBRUARY 7, 2003" AND MUST BE PRESENTED AT 23000 MILLCREEK BLVD., ATTN: INTERNATIONAL DEPT., CLEVELAND, OHIO 44122 ON OR BEFORE FEBRUARY 6, 2004, OR ANY AUTOMATICALLY EXTENDED EXPIRATION DATE. ORIGINAL I atkmalC INTERNATIONAL DIVISION //7532 P.O. BOX 5101 CLEVELAND, OHIO 44101-0101 U.S.A. STREET ADDRESS: 23000 MILLCREEK BLVD. CLEVELAND, OHIO 44122 TELEX: 212537 ANSWER BACK: NCB UR SWIFT: NATCUS33 LETTER OF CREDFr 1-800-622-8074 EXPORTS STANDBY'S COLLECTIONS OR FOREIGN CHECKS OPTION 3 OPTION 4 OPTION 5 PAGE 2 OF 2 L/C NO. SCL00863 ! WE HEREBY ENGAGE WITH YOU THAT ALL DRAFT(S) AND DOCUMENTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS LETTER OF CREDIT WILL BE DULY HONORED BY US AS SPECIFIED HEREIN AND PAYMENT WILL BE REMITTED AS PER YOUR INSTRUCTIONS. EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS, 1993 REVISION, ICC PUBLICATION NO. 500. VERYTRULYYOURS, UTHORIZED SIGNAT?~~ NATIONAL CITY BANK CLEVELAND, OHIO AD J/NC AUTHO~~[~ A~T~ NATIONAL CITY BANK CLEVELAND, OHIO ORIGINAL ~M qO. A. A3-1 A4-1 A5-1 A6.-2 A6-4 A6--20 A6-22 A6-23 A6-25 A7-~ A7-8 A8-1 A8-3 A9-1 A9-2 lNG IMPROVEMENTS DESCRIPTION EARTHWORK & ROADWAY CONSTRUCTION Type "B" Stabilization (12") Limerock Base (6") A.C. Type S-Ill (3/4") Lift 18" Conc. Pipe Culvert 30" Conc. Pipe Culvert Type P-VG Valley Gutter Inlet (< 8' deep) Type C Modified Ditch Bottom Inlet (< 8' deep) Type P-7 Manhole (< 8' deep) Type P-VG Valley Gutter Inlet ( 8' - 10' deep) 18" Flared End Section 30" Flared End Section Valley Gutter (2') Concrete Sidewalk Sod Stdp Striping & signage B1-1 B1-2 B2-1 B3-1 B4-1 C1-1 C1-2 Cl-3 C1-4 C1-6 Cl-7 C2-1 C2-2 C2-3 C2-4 POTABLE WATER CONSTRUCTION PVC C-900 DR-18 (6") PVC C-900 DR-14 (6") Fire Hydrant Assembly Water Service PVC Casing (3") Gate Valve (6") SANITARY SEWER CONSTRUCTION 8" PVC SDR 26 (0 - 6') 8" PVC SDR 26 (6' - 8') 8" PVC SDR 26 (8'-10') 8" PVC SDR 26 (10'-12') 6" PVC Service (Single) 6" PVC Service (Double) Manhole (0' - Manhole (6'-8') Manhole (8'-10') Manhole (10'-1 i11. REQUIRED SURETY 10% OF TOTAL COST OF IMPROVEMENTS 100% OF COST OF REMAINING IMPROVEMENTS Prepared by: BANKS ENGIr ~NC. QUAN/UNIT 0 SY 0 SY 4,680 SY 150 LF 125 LF OEA OEA 0EA 0EA 0EA 0EA 0 LF 2,304 SY 0 LF ILS 240 LF 0 LF OEA 0EA 0 EA 0 LF 0 LF 0 LF 145 LF 0EA 0EA OEA OEA 0EA lEA UNIT PRICE $1.50 $3.75 $1.45 $23.00 $38.00 $1,225.00 $980.00 $1,575.00 $1,559.25 $630.00 $824.00 $3.75 $11.25 $1 .oo $1,500.00 SUB TOTAL $10,40 $11.70 $1,920.00 $200.00 $590.00 SUB TOTAL $t7.00 $22.o0 $27.oo $34.oo $356.00 $372.00 $1,380.00 $1,670.00 $1,990.00 $2,360.00 SUB TOTAL TOTAL GRAND TOTAL 16/ 10 PRICE $o.oo $0.00 $6,786.00 $3,450.00 $4,750.00 $0.00 $o.oo $o.oo $0.00 $o.oo $0.00 $0.00 $25,920.00 $o.oo $1,500.00 $42,406.00 $2,496.00 $o.oo $o.oo $o.oo $o.oo $2,498.00 $o.oo ~.oo $4,930.00 $o.oo ~.oo $o.oo $o.oo $2,360.00 $7,290.00 I $47,262.00 $27,053.12 $47,262.00 I $74,315.12 I R.A. Gonzale. z, P.E. # FOR ESTABLISHMENT OF REQUIRED SURETY I. REQUIREDIMPROVEMENTS ITEM NO. A. A3-1 A4-1 A5-1 A6-2 A6-4 A6-20 A6 -22 A6-23 A7-6 A7-8 A8-1 A8-3 A9,-1 A9-2 DESCRIPTION EARTHWORK & ROADWAY CONSTRUCTION Type "B" Stabilization (12") Limerock Base (6") A.C. Type S-Ill (3/4") Lift 18" Conc. Pipe Culvert 3(7' Conc. Pipe Culvert Type P-VG Valley Gutter Inlet Type C Modified Ditch Bottom Inlet Type P-7 Manhole 18" Flared End Section 30" Flared End Section Valley Gutter (2') Concrete Sidewalk Sod Strip Striping & Signage QUAN/UNIT 6,030 SY 4,680 SY 9,360 SY 1,501 LF 346 LF 10EA 5EA 2EA 5EA lEA 4,021 LF 2,304 SY 4,021 LF 1 LS UNIT PRICE $1.50 $3.75 $1.45 $23.00 $38.00 $1,225.O0 $980.0O $1,575.00 $630.00 $824.oo ,~.75 $11.25 $1,oo SUB TOTAL B1-1 B1-2 B2-1 B3-1 B4-1 POTABLE WATER CONSTRUCTION PVC C-900 DR-18 (6") PVC C-900 DR-14 (6") Fire Hydrant Assembly Water Service PVC Casing (3") Gate Valve (6") 1,826 LF 80 LF 4EA 16EA 5EA $10.40 $11.70 $1,920.00 $200.00 $590.00 SUB TOTAL $17.00 $22.00 $27.OO $34.00 $356.00 $372.00 $1,380.00 $1,670.00 $1,990.00 $2,360.00 Ce C1-1 Cl-2 Cl-3 C1-4 C1-6 C1-7 C2-1 C2-2 C2-3 C2-4 SANITARY SEWER CONSTRUCTION 8" PVC SDR 26 (0 - 6') 8' PVC SDR 26 (6'- 8') 8" PVC SDR 26 (8'-10') 8" PVC SDR26 (10'-12') 6" PVC Service (Single) 6" PVC Service (Double) Manhole (0' - 6') Manhole (6'-8') Manhole (8'-10') Manhole (10'-12') 538 475 461 675 20 15 2 2 1 1 LF LF LF LF EA EA EA EA EA EA SUB TOTAL TOTAL 16Al.O PRICE $9,045.00 $17,550.00 $13,572.00 $34,523.00 $13,148.00 $12,250.00 $~,900.00 $3,1 50.00 $3,150~00 $824,00 $15,078.75 $25,920.0O $4,021.00 $1,500.00 $158,631.75 $18,990.40 $938.00 $7,680.00 $3,200.00 $2,95O.00 $33,756.40 $9,146.00 $10,450.00 $12,447.00 $22,950.00 $7,120.00 $5,580.00 $2,760.00 $3,34o.oo $1,990.00 $2,360.00 $78,143.00 I $270'531'15 I RESOLUTION NO. 03- 6 9 RESOLUTION TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN PELICAN MARSH UNIT TWO, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT WHEREAS, the Board of County Commissioners of Collier County, Florida, on October 19, 1993 approved the plat of Pelican Marsh Unit Two for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements in Pelican Marsh Unit Two, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Pelican Marsh Community Development District. This Resolution adopted after motion, second and majority vote favoring same. _ZATTEST: :'z, . 'DWIGHT E. ,BROCK, CLERK BOARD OF COUNTY COMMISSIONERS By:COLLIER~~'I.~~CO]'JNTY' FLORIDA o . TOM HENNING, CHA~ Approved as to form and legal K'i~fficienc,,a, Patrick G. White Assistant Collier County Attomey RESOLUTION NO. 03- 7 0 RESOLUTION TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN PELICAN MARSH UNIT SIX, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT WHEREAS, the Board of County Commissioners of Collier County, Florida, on October 4, 1994 approved the plat of Pelican Marsh Unit Six for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements in Pelican Marsh Unit Six, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Pelican Marsh Community Development District. This Resolution adopted after motion, second and majority vote favoring same. Approved as to form and legal Patrick G. White Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: T~I~~ RESOLUTION NO. 03- 71 RESOLUTION TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN PELICAN MARSH UNIT TWENTY, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT WHEREAS, the Board of County Commissioners of Collier County, Florida, on August 16, 1998 approved the plat of Pelican Marsh Unit Twenty for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements in Pelican Marsh Unit Twenty, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Pelican Marsh Community Development District. This Resolution adopted after motion, second and majority vote favoring same. ATTEST: · DWICA4T El E[RO~-J~, CLERK :~: -.~ ',:,~' ~ 5~,~ -' Approved as to form and legal Patrick G. White Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS By:COLLIER TOM~~ COUNTY, FLORIDA ~.~ · 16B2 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFIC AS OF DECEMBER 12, 2003 PROJECT: 69068 FOLIO: Portion of 37012361001 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this 1144~ day of ~-o, J0rua. elt , 200~,, by and between JONATHAN PAUL BROWN AND MYRIAM BROWN hdsband and wife, (hereinafter referred to as "Owner"), whose mailing address is 111 New Market Road W., Immokalee, FL 34142-3510, and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "Purchaser"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112; WHEREAS, Purchaser requires a perpetual, non-exclusive easement for access and maintenance of the Golden Gate Canal over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "Easement"), which is attached hereto and made a part of this Agreement; and WHEREAS, Owner desires to convey the Easement to Purchaser and to the South Florida Water Management District-Big Cypress Basin (SFWMD-BCB), as joint Easement holders, for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Easement; NOW THEREFORE, in consideration of these premises, the sum of Ten and No/100 Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: Owner shall convey the Easement to Purchaser for the sum of $7,260.00, payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Easement conveyed, including all landscaping, trees, shrubs, improvements, driveway, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Easement to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 2. Owner agrees that this Easement restricts building, planting, or erecting structures within the easement area. Owner agrees that the Purchaser will have the use of the Owner's driveway for unhindered access to the lands described in Exhibit "A". Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. Both Owner and Purchaser agree that time is of the essence in regard to the closing, and that therefore Closing shall occur within sixty (60) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the 16 } ? County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. o Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. Owner represents that the property underlying the Easement, and all uses of the said property, have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the property underlying the Easement except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. o Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 6. This provision shall survive Closing and is not deemed satisfied by conveyance of title. o The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated with securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the property underlying the Easement from the mortgagee(s). The cost of a title commitment shall be paid by Purchaser. 10. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 11. Conveyance of the Easement by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 12. If the Owner holds the property underlying the Easement in the form of a partnership, limited partner°,hip, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the property underlying the Easement before the Easement held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of ~rt~ru ,200 ~5. % Date Easement acquisition approved by BCC: AS TO PURCHASER: DATED: DWIG~4P E.' B'RQOK~ Clerk ',--~--'fiepUty Clerk AS TO OWNER: DATED: Witness IS, ignature) Name: (Print o~: Type) Witness (Signature) Name: ~,4/~ (Print or Type) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~ v v , Chai,.,,j~,, Z-t BROWN Witness (Signature) Name: [3t~c~'y (2. (Print or Type) Witness (Signature) Name: .D~d//--- _.~R'~rx77~6 (Print or Type) Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney 16B4 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 12, 2003 16B5 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFIC AS OF DECEMBER 12, 2003 1,6C ! MEMORANDUM Date: To: From: Re: February 12, 2003 Joan Smith, Property Acquisition Specialist Property Acquisition & Construction Management Facilities Management Department Trish Morgan, Deputy Clerk Minutes & Records Department Easement Agreement for the Golden Gate Wellfield Reliability Improvements Project- Marvin J. Will Weaver Enclosed please find original agreement, as referenced above, approved by the Board of County Commissioners on February 11, 2003 (Agenda Item #16C1). Kindly record the agreement and return recorded original to Minutes and Records. If you should have any questions, please contact me at x-8406. Thank you. Enclosures PROJECT: Golden Gate Area Wellfield Expansion PARCEL: 921/Weaver (Well Site 21) FOLIO: 00308440003 EASEMENT AGREEMENT THIS EASEMENT AGREEME.N~--'F~ (hereinaf. J.tp_,~r-~erred to as the "Agreement") is made and entered into on this ,,/0-' day of ,....,/~¢~,~"~ , 20~.~", by and between MARVIN J. WILL WEAVER, INDIVIDUALLY and as tRUSTEE, (hereinafter referred to as "Owner"), whose mailing address is 116 Essex Drive, Knoxville, Tennessee, 37922, and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "Purchaser"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112; WHEREAS, 'Purchaser requires a perpetual, non-exclusive easement, for utility purposes, over, under, upon and across the lands described in Exhibit "A" (said easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: Owner shall convey the Property to Purchaser for the sum of $1,100.00, payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. o This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; provided; however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida 16g! o 10. 11. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). The cost of a title commitment shall be paid by Purchaser. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other Prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) This Agreement is governed and construed in accordance with the laws of the State of Florida. 2 ,16C 1 IN ~,TNESS ..~EREOF, the parties hereto have executed this Agreement on this /~ dayof .,~/.~a,~,~ ,20~..~'. ! Date Property acquisition approved by BCC: Z-it-05 AS TO PURCHASER: DATED: ATTEST: ,, ",..,,~' DWIGHT,E;,~ROCI~,,,Clerk · .. ,,,DePUty-Clerk $ f gnat ute" bfi'] ~. AS TO OWNER: DATED: %,4/ /~ W it nes s.,(~S [g n a. t u r.e,). , Name: ',~~ ~.' (Print or Type) NV~o ~ n at u re__J__.._.. ame:~ (Print Ur Type)' BOARD OF COUNTY COMMISSIONERS COLLIERBy: .~~~CO TY, F RIDA · __ Tom Henning, Chairman 241-05 Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney 3 COASTAL ENGINEERING CONSULTANTS INC A CECI GROUP COMPANY Civil Engineering Survey & Mapping Coastal Engineering Real Estate ApDraBal Environmental Assessment Website: www coastalengineering,c om WELLFIELD 21 PROPOSED UTILITY EASEMENT DESCRIPTION THE EAST 15 FEET OF THE WEST 45 FEET OF THE NORTH 15 FEET OF THE SOUTH .35 FEET OF THE SOUTH ½ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 15, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 225 SQUARE FEET OF LAND. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. COAS ,_~I~4GINEERING CONSULTANTS, INC. FLOI~A~T/HORIZATION NO. LB 2464 · ~, V.P' ." PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 5295 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND ,MAPPER CEC FILE NO. 00.346 DATE OF SIGNATUREi/-J .,.j, 3108 S. Horseshoe Drive, Naples, Florida 34104 * Phone (941) 643-2324 Fax (941) 643-1143 · E-Maii: engcollier@cecifi.com II EXHI~rII' ~ 0 ~J 0 0 0 7 -.q 16C2 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 12, 2003 16C3 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 12, 2003 16D2 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 12, 2003 Date: To: From: Re: February 14, 2003 Diana Watson EMS Grant Coordinator Trish Morgan, Deputy Clerk Minutes & Records Department Contract with SWEET, an Ortivus Company, for billing software Enclosed please find the original document as referenced above, Agenda Item #16D3, as approved by the Board of County Commissioners on February 11, 2003. Please forward this agreement to the SWEET, an Ortivus Company (~SWEET")for the required signatures and kindly return the fully executed original to Minutes and Records. If you should have any questions, please contact me at: 774-8406. Thank you. Enclosure Th~ acld~d~m~ psrmim m ~aa M~eme and Support Agree~ngnt~ ~t~een ~ha Coll~ C~ Gov=mnen~ and Sv~eet~ au ~s Company, and re~la~es each sec~crn of said Agn:ementz a~ ~t forth balaw: 2. Page 4 - Se,~don VIK - Term and Terraina~on -This ~e, emenI may be terminated by the ~.ustom~ upon $0 days wri~n natic¢ to Sweet. 3. Page ~ - Section X - Disclaims.. - to tl~ ,~nt p=mir~ed by law, customer agre=s to inda~-~ ..... 4. Page $ - Sc;~.on XI- Ind~maifiCation. - to ~ae extent permitt~ by law, inde..m'r~fy ..... Te,~h-ical Support A_m'eement 1. Page ~ - Section VIII - General 4) The validity and penforrnaace of this Agreeramat sh~ll be goverrmd by and eonstmeA in accm~mce wi~ the laws of the St~ of Florida, excluding that body of law applicable to choice of law. CaUier County SWE~T, an Ofdvus Company Signed Approved a,a to form & k)Oa( · ' , I/ County Attorney Tom Henn!ng, Ch~an Attest: -.' DWIGHT E. BROCK Deputy.~ C !/ork II. III. SWEETUcensing Agreement GENERAL TERMS AND CONDTITONS Agreement. This Agreement is made by and between, Sweet Computer Services, Inc., d/b/a/, · ~,VE£'t; an Orl~ ~,aml~n~ ("~I~'E'/") and the Customer named on the signature page hereto, ("Customer'~ for the license to use the Software product as described herein in consideration of the amount to be paid listed on the attached ~V£E'rSales Order. This Software consists of disks containing computer software CProgram'~ and a user manual (''User r4anual'~ from ~E.~'and is comprised of the modules as indicated on the ~'W£ETSales Order. This Agreement provides for use of one authorized copy of the Program by Customer. S~V£ETretains the tiUe, right and interest in and to the Program, including upgrades, updates, and/or other enhancements or modifications to the Program in any medium, including but not limited to all copyrights, patents, trade secrets, trademarks, and other proprietary rights. Customer acknowledges that the Program represents and embodies certain trade secrets and confidential information of For purposes of this Agreement the item Developments shall mean all Programs, Upgrades, Updates or other enhancements or modifications to the Programs, if any, and all Documentation or other materials developed and/or delivered by S~£~in the course of providing Technical Support or otherwise, under this Agreement. License. ..~'~£E'rgrants Customer a limited non-exclusive, non-transferable license to load one (1) copy of the Program into the memory of microcomputers located at the Customer's site set forth on the ~'l~'£E'/'Sales Order C'Designated Site'9 for Customer's internal operational use only and, if applicable, for Customer's use as a provider of billing services, as set forth on the ~l~'£~'rSales Order (only from the "Designated Site'S, to other third party ambulance companies that Customer specifies on the ~'-~-~"/'Sales Order. Customer will be charged a fee as set forth on the Sweet Sales Order for each copy of the Program in use at each Designated Site and a separate fee for each third party ambulance company for which Customer provides services, using such licensed copy. Customer shall pay the fee in accordance with the payment terms set forth on the · 'l~'£-~'/'Sales Order. Customer may make one (1) archival copy of the Program for use on the same microcomputers. All licenses under the terms of this Agreement must access the same data source, a single database that is the central repository of data for the Vie software. Customer agrees to affix to the archival copy, the copyright and trademark notices and the serial number contained on the original disk from which the archival copy is made. The archival copy and the original copy of the Program are subject to the restrictions in this Agreement and both must be destroyed if Customer's continued possession or use of the original copy ceases or this Agreement is terminated. Pro, ram Upgrades Upgrades denote any enhancements or subsequent versions of the Program that · ~V£E7'may make generally available to Customer. Customer will have the option to purchase any or all upgrades from Technical Support Customer may purchase from S~V£,~'/; a yearly Technical Support agreement. Updates, signifying a Program correction or minor change, are part of the Service and Maintenance agreement. Restrictions Customer agrees not to: · Modify the Program or Developments other than as required for internal use of such Program under the terms of this Agreement. · Reverse engineer, disassemble, decompile or reduce the Program to a human perceivable form or translate, sub-license, resell for profit, lend, rent, lease, or otherwise distribute, (including electronically), any whole or portion of the Program to any person or entity not authorized under this Agreement. · Merge or combine the Program with other computer programs or create derivative works based on the Program. · Remove, obscure, or alter any notices of the SW£ETcopyright or other proprietary legends on the Program. · Transfer or assign rights or copy of Program under this Agreement. This Agreement is not assignable including by operation of law; any such attempt renders all license rights null and void. · Transfer the Program to any person or entity in violation of the United States Export Administration Act. ViI. Confidentiality In association with the negotiation of this Agreement and ~l~'£E'/'s participation in the installation and support of the Program, Customer has obtained or will obtain confidential information regarding trade secrets of S1~£~, the programming that comprises the Program, sales and marketing plans and other similar information. Customer hereby agrees that, for itself and its shareholders, officers, directors, employees, and agents, Customer shall not disclose any of SW££Ts confidential information without ~'l~'E'/'s prior written consent for any such disclosure. In association with the negotiation of this Agreement and the participation of -~V£-~/'in the installation and support of the Program, $1~'££/'has obtained or will obtain Customer's confidential information regarding the business and financial plans Initials ' 2 of Customer, the records of patients served by Customer, accounts payable and accounts receivable of Customer, personnel information, trade secrets, customer lists, and other similar information. $/E~shall not disclose any of Customer's confidential information without Customer's prior written consent for any such disclosure. In addition to SWEETs obligations regarding nondisclosure of Customer's confidential information set forth above, S'W£E7;, in the event it is deemed to be a "Business Associate" pursuant to 45 C.F.R. § 160.103, shall, effective on or after April 14, 2003, or such other implementation date established by law, carry out its obligations under this Agreement in material compliance with the regulations published at 65 Federal Register 82~62 (December 28, 2000) (the "Privacy Regulations'~ pursuant to Public Law 104-191 of August 21, 1996, known as the Health Insurance Portability and Accountability Act of 1996, Subtitle F - Administrative Simplification, Sections 261, et seq., as amended ("HIPAA"), to protect the privacy of any personally identifiable, protected health information ("PHI") that is collected, processed or learned in connection with the furnishing, installation or support of the Program. In conformity therewith, $1~£ETagrees that it will use its reasonable best efforts to: Not use or further disclose PHI except: (i) as permitted under this Agreement (that is, for the installation and support of the Program; and related administrative functions pertaining to these activities); (ii) as required for the proper management and administration of ~£ETin its capacity as a HIPAA Business Associate of Customer, in the event ~F£ETis deemed to be a Business Associate of Customer for these specified purposes; or (iii) as required by law; · Use appropriate reasonable safeguards to prevent use or disdosure of PH! except as permitted by this Agreement; · Report to Customer any use or disclosure of PHI not provided for by this Agreement of which SW£ETbecomes aware; Ensure that any agents or subcontractors to whom S~lf£ETprovides PHI, or who have access to PHI, agree to the same restrictions and conditions that apply to · ~lf£ETwith respect to such PHI; Make PHI available to the individual who has a right of access as required under H!PAA in the event ,~F£ETmaintains any PHI in a designated record set as defined by 45 C.F.R. § 16,L501; Hake available for amendment and incorporate any amendments to PH! when notified to do so by Customer in the event that Sl~EETmaintains any PH! in a designated record set as defined by 45 C.F.R. § 164.501; Make available to Customer the information required to provide an accounting of the disclosures of PHI, if any, made by ,~'~ff£ETon Customer's behalf, provided such disclosures are of the type for which an accounting must be made under the Privacy Regulations; Make its internal practices, books and records minting to the use and disclosure of PHI available to the Secretary of the Department of Health and Human Services for purposes of determining Customer's compliance with HIP/L4 and the Privacy Regulations; and At the termination of this Agreement, return or destroy all PHI received from, or created or received by ,~lfEE'ron behalf of Customer. In the event the return or destruction of such PHI is infeasible, ~r~E"/~ obligations under this section VII shall continue in force and effect so long as b"W'£E'rpossesses any PHI, notwithstanding the termination of this Agreement for any reason. Term and Termination The term of this Agreement is perpetual unless otherwise specified on the relevant · l~/'£~/'Sales Order, or unless otherwise terminated under the terms of this Agreement. Both the Agreement and Customer's right to use the Program, terminate automatically if Customer violates any part of this Agreement. In the event of termination, all copies of the Program and Documentation must be returned to ~'W£~, immediately. Limited Warranty ,";W'£E'rwarrants to Customer, for ninety (90) days from the date of shipment to the Customer, the Program disks contain an accurate reproduction of the Program and associated documentation, if any. The Program itself is excluded from warranty. Customer's exclusive remedy in replacing these materials is to: 1. Return the inaccurate disk or copy of documentation to within the warranty period or, 2. Refund the amount of license fees paid for the relevant Program license, less a pro rata portion applicable to the amount of time the program was used, within the warranty period. THIS L/MTI'ED WARRANTY ONLY COVERS THE ORTGI'NAL USER OF THE PROGRAM, AND SWEETMAKES NO OTHER EXPRESSED OR IMPI./ED WARRANTIES. ANY AND ALL WARRANT/ES EXPRESSED OR IMPLTED RELAT/NG HERETO ARE LTMTrED I:N DURAT/ON TO THI'S NI'NETY (90) DAY WARRANTY PER~OD. b'~E~s LIABILITY TO CUSTOMER FOR ALL DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO THE GREATER OF $250 OR THE AMOUNT OF MONEY PAID FOR THE RELEVANT PROGRAM OR SERVICE, AS APPLICABLE, THAT GIVE RISE TO ANY SUCH LIABILITY. Disclaimer THE PROGRAM AND DOCUMENTATION ARE PROVIDED "AS IS" AND EXCEPT AS OTHERWISE SPECIFICALLY STATED HEREIN WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Ini§als XI, SIdE, DOES NOT WARRANT THAT THE PROGRAM WILL OPERATE UNINTERRUPTED OR ERROR-FREE. CUSTOMER AGREES TO INDEMNIFY AGAINST ANY SUCH LIABILITY TO CUSTOMER, SWEET OR ANY THIRD PARTY REGARDING THE CUSTOMER'S USE OF THE PROGRAM AND DOCUMENTATION OR OTHERWISE IN WARRANTY, CONTRACT, TORT, OR OTHERWISE. IN NO EVENT WILL 51~£ETBE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, GENERAL, OR CONSEQUENTIAL DAMAGE OR LOSS OF ANY NATURE, WHICH MAY ARISE IN CONNECT[ON WITH THE USE OF OR INABILITY TO USE THE PROGRAM AND DOCUMENTATION. THIS CLAUSE SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY. $1~'EE'rDISCLAIMS ALL LIABILITY FOR ANY DAMAGE RESULTING FROM OR RELATED TO DATA AND/OR CLAIM FORMS AND RELATED INFORMATION TO, BY, ABOUT OR FOR ANY FEDERAL, STATE OR PRIVATE INSURANCE ORGANIZATIONS, INCLUDING, BUT NOT LIMITED TO MEDICARE, MEDICAID, AND COMMERCIAL INSURANCE COMPANIES..$~F_m'ETMAY PROVIDE SUCH DATA OR INFORMATION, IF AT ALL, ONLY AS "SAMPLES" FOR THE PURPOSE OF DEMONSTRATING OR DISPLAYING HOW SUCH DATA AND/OR CLAIM FORMS MAY OPERATE IN THE PROGRAM. $1~'~'_m'FPROVIDES ALL SUCH SAMPLES ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES, EITHER EXPRESS OR IMPLIED. .~I~FE_mT RECOMMENDS THAT CUSTOMER VERIFY THE ACCURACY OF ANY AND ALL DATA AND/OR CLAIM FORMS CUSTOMER USES WITH THE PROGRAM. · ~ffEETDISCLAIMS ALL LIABILITY FOR THE ACCURACY AND/OR COMPLETENESS OF DATA, INCLUDING BUT NOT LIMITED TO DATA SUPPLIED WITH THE PROGRAM OR AS ADDED OR MODIFIED BY CUSTOMER OR ANY THIRD PARTY, OR DATA AS PROCESSED ON CUSTOMER COMPUTER NETWORK. CUSTOMER BEARS THE ENTIRE RESPONSIBILITY FOR ITS COMPUTER NETWORK, INCLUDING ITS INSTALLATION, THE PERFORMANCE OF THE PROGRAM AND THE BEHAVIOR OF THE DATA ON CUSTOMER COMPUTER NETWORK. · I~EETWILL IN NO EVENT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER FOR CONSE(~UENTIAL OR INCIDENTAL DAMAGES, EITHER DIRECT OR INDIRECT, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS PROFITS, INCOME OR USE OF DATA. Zndemniflcation Customer shall indemnify and hold harmless .~F£ETfrom, against, and in respect of the full amount of any and all liabilities, damages, and claims including without limitation, attorneys fees, arising from, in connection with, or incident to the Customer's use or misuse of the Program, except as may otherwise be agreed to in writing by the parties, and except with respect to any material breach of this Agreement by SW£ET~. Initials Xll. General The construction and performance of this Agreement shall be governed by the laws of the Commonwealth of Pennsylvania, without regard, however, to choice of law principals. Every term in this Agreement is considered to be severable by the parties. To the extent that any term is in conflict with governing law, that provision shall be enforceable to the extent allowed by law. This Agreement and the $10'E-~"/'Sales Order contains the entire understanding between the parties and supersedes any proposal or prior agreement regarding the subject matter hereof. CUSTOMER Sweet Computer Services, lnc. d/b/a SWEET;, an Ortivus Company By: Signature By: Company Name (please print) Date: BOARD OF/TCOUNTY/COMMISSIONERS Tom Hennin~, ~h~ir~man 6 Swekt Conversion Parameters & Customer Acceptance Customer Service has always been a pdodty at Sweet. To this end, we strive to keep our customers informed through the enfire installation and conversion process. The following Conversion Parameters have been established to ensure a smooth and efficient conversion of your data. It is critical that you fully understand these parameters before we start converting your data from our A2000 software to the new Amazon Billing software. Please read these parameters carefully. Your initials are required in the space provided to indicate you have read and understand each parameter. Conversion Parameters: Converting data from A2000 to Amazon Billing is a complex process, requiring us to invest a significant amount of time to complete the process and ensure the data is intact and accurate. This means that Sweet will need to have your A2000 data for a minimum of seven business days - possibly longer depending on the size of your directory (les). The person who signs this document must inform billing office personnel of the downtime associated with data conversion Once final data is retrieved from your system, DO NOT ENTER ANY INFORMATION INTO A2000. This is the "break point" between the two systems. Any data entered into A2000 after the retrieval of your final data will have to be reentered into Amazon Billing after the final converted data is received. The data fields in A2000 are not the exact same data fields as in Amazon Billing. There are some additional fields and options available to you. However, this means that there are some adjustments, additions, etc. that will need to be made in Amazon Billing. There is time in the training agenda for your trainer to review these changes/additions with you. Items not converted: saved parameter sets for electronic claims, forms and reports; ECM setup; Run Sheet data; Sales Codes; and User setup. SWEET conversion personnel will try to correct data problems that existed in A2000. However, this may be impossible in some cases. We will communicate this to you, and provide you with options at that time. Ultimately, the responsibility for the converted data and what it represents for billing purposes is yours (the customer's). r~ pcANYWHERE must be installed and running on the server in order to complete the conversion process. The data will either be returned to the service via an FTP download (access to the Intemet is required) or via CD. SWEET conversion personnel will use the Charge, Credit and Call reports to ensure that the numbers balance between A2000 and Amazon Billing prior to retuming your data. A complete and accurate back-up must be on file prior to starting a conversion. All hardware requirements must be met and fully installed and tested. Amazon Billing Software must be installed and tested. A complete understanding and wdtten acceptance of these guidelines are necessary to ensure a smooth data conversion process. Your initials on each guideline above and signature below are required pdor to data conversion being included as part of your Amazon Billing sales order. This signature indicates you have thoroughly reviewed, understand and initialed each of these guidelines. Sweet reserves the right to return this document if it is not signed or each guideline is not initialed. If you have any questions or need clarification on any of this information, please contact your sales representative at 800-537-3927. I understand and I am willing to comply with the requirements and stipulations set forth in this (SWEETAmazon Conversion Parameters) document. CoTM.L ~. ier County EMS Company/Service (Please Print) Authorized Contact/Title (Please Print) Ap~,m & l~g~l m~ci~ncy ~OARD~ ~F COUNTY COMMISSIONERS By.: ~~ ~_~.L~" ~. ~OUN ~TY, j~ FLORIDA, ' Au~fl~zJ~ignatu~)D~te "~ .~.~ Tom/ ~enAin~, .Qh~rman ~ . · , ~,. ~' SWEET COMPUTER SERVZCES, ZNC. TECHNZCAL SUPPORT AGREEMENT This Technical Support Agreement ("Agreement'~ is dated as of _, 200___ by and between Sweet Computer Services, Inc., d/b/a, ~£E'r~ an O~-I~ ~..~w~n~, a Delaware Corporation with offices at 2324 Sweet Parkway Road, Decorah, Iowa and , with offices at , ("Customer'S. X. DetiniUons a. The term "Program"shall have the meaning set forth in the Ucensing Agreement. b. "/lnniversary Date"shall refer to each anniversary of the Commencement Date. c. "Commencement Date"shall refer to the date the Program was delivered to Customer. d. "L/cens/ng/Igreement"shall mean the licensing agreement dated between Sl~'£b"rand the Customer. e. '?n/t/a/Support Term"shall mean the 12-month period commencing on the Commencement Date. f. "Renewal Term"shall mean each 12-month period commencing on the expiration of the Initial Support Term. g. "Techn/ca/Support'shall mean those maintenance and technical services described in detail on Schedule A to this Agreement. h. "Support'when used without a modifier shall mean Technical Support. t~r. AffirmaUon of Ucensing Agreement Customer hereby certifies that it has read, agrees with and hereby reaffirms each of the terms and conditions contained in the Licensing Agreement. ZZZ. Technical Support During the lnitial Support Term and any applicable Renewal Term, ~W£ETshall provide to Customer the Technical Support described in Schedule A. ~W'EE'/'s obligations under this Section III with respect to a Renewal Term are contingent upon Customer's timely making the payments required by section ~V.1. Fees and Payment; Renewal of Technical Support 1. Support Fees and Renewal. Customer by purchasing a license to the Program has already paid for Technical Support for the Initial Support Term. Approximately 60 days prior to the expiration of the Tnitial Support Term, SWEETwill invoice Customer for the upcoming Renewal Term, payable 12 months in advance. Customer may accept Technical Support for the upcoming Renewal Term by paying SWEE'i's invoice in U.S. Dollars. If Customer fails to pay such invoice within 30 days after the commencement of the Renewal Term, SI~EETmay, notwithstanding Section VT and without further notice to Customer, terminate and treat this Agreement as terminated. Taxe~ Support fees and other charges set forth in this Agreement do not include applicable taxes. In addition to the fees and charges due SW£ETunder this Agreement, Customer shall remain liable for and shall pay all local, state, and federal sales, use, Initials excise, personal property, or other similar taxes or duties, and all other taxes, which may now or hereafter be imposed upon this Agreement or possession or use of the Program, excluding taxes based on SW£ET'sincome, V. WarranUes and Umitations of Uability Limited Performance Warranty. StV£ETwarrants that it will use its reasonable bes~ efforts to ensure that any Support it provides will be performed in a professional and workmanlike manner, S~VEETagrees to use reasonable efforts to correct any error or defect in its provision of Support under this Agreement. The foregoing warranty and remedy do not expand or extend any limited warranties relating to the Program set forth in the relevant Ucense Agreement. THE PROVISIONS OF THIS SECTION SET FORTH THE ENTIRE LIABILTrY OF SW'EETAND THE SOLE REMEDIES OF CUSTOMER wI'rH RESPECT TO SWEETS BREACH OF 1'rs OBLTGAT~ONS UNDER THIS AGREEMENT. Disclaimer of Other WarranUes. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECt/ON, ALL WARRAN1/ES, CONDTr~ONS, REPRESENTAT/ONS, INDEMNTI~ES, AND GURANTEES, WHETHER EXPRESS OR IMPLIED, AR/SING BY LAW, CUSTOM, PR/OR ORAL, OR WR/TTEN STATEMENTS OR OTHERWISE, INCLUDING BUT NOT LIMTFED TO, ANY WARRANTY OF MERCHANTABILIT/Y, TTTLE, THE CONDI'I/ON OF ANY PRODUCT OR SERV/CES, OR FTrNESS FOR A PART/CULAR PURPOSE, ARE HEREBY EXPRESSLY DISCI. A[MED AND EXCLUDED. No Consequential Damages. TO THE MAXIMUM EXTENT PERMTITED BY APPLICABLE LAW, IN NO EVENT SHALL SWEETOR ITS SUPPLIERS BE LTABLE TO CUSTOMER FOR ANY CONSEqUENTr_AL, INCTDENTAL, DIRECT, INDIRECT, SPECTAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WI'rHOUT LIMI'I'AT~ON, DAMAGES FOR LOSS OF BUSINESS PROFTTS, BUSINESS TNTERRUPI'~ON, LOSS OF BUSINESS INFORMAT/ON, OR OTHER PECUNIARY LOSS) AR/SING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PROGRAM, EVEN IF SW~ETHAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Additional Limitation of Uability. IN NO EVENT SHALL SWEETS TOTAL CUMULATIVE LTABILrry HEREUNDER, FROM ALL CAUSES OF ACT[ON OF ANY K/ND, WHETHER AI:tTSING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STR/CT LTABILITY, BREACH OF WARRANTY OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER FOR THE TECHNICAL SUPPORT PROVIDED UNDER THIS AGREEMENT. VI. Termination If either party defaults in performing any material obligations required under this Agreement, the non-defaulting party may give written notice of its intention to terminate this Agreement, describing in reasonable detail the default, Tf the defaulting party fails to remedy such material default within thirty (30)-days following such written notice, or if such default is not capable of cure within such thirty (30)-day period, and the defaulting party fails to commence cure Initials 2 procedures within such thirty (30)-day period and diligently prosecute such procedures until the default is cured, then the non-defaulting party may terminate this Agreement. VII. Business Associate Assurances In the event that $1~'E_~-ris deemed to be a "Business Associate" of Customer pursuant to the definition of that term set forth in 45 C.F.R. § 160.103, ,~ll~'~shall, effective on or after April 14, 2003, or such other implementation date established by law, carry out its obligations under this Agreement in material compliance with the regulations published at 65 Federal Register 82462 (December 28, 2000) (the "Privacy Regulations'~ pursuant to Public Law 104-191 of August 21, 1996, known as the Health Insurance Portability and Accountability Act of 1996, Subtitle F - Administrative Simplification, Sections 261, et seq., as amended ("HIPAA"), to protect the privacy of any personally identifiable, protected health information ("PHI") that is collected, processed or learned in connection with the Technical Support services set forth in Schedule A hereto, In conformity therewith, ~agrees that it will use its reasonable best efforts to: Not use or further disclose PHI except: (ii as permitted under this Agreement (that is, for those activities specified in Schedule A hereto; and related administrative functions pertaining to these activities); (ii) as required for the proper management and administration of ~'il¢£E'/'in its capacity as a HIPAA Business Associate of Customer, in the event ~l~'£E'/'is deemed to be a Business Associate of Customer for these specified purposes; or (iii) as required by law; · Use appropriate reasonable safeguards to prevent use or disclosure of PHI except as permitted by this Agreement; · Report to Customer any use or disclosure of PHI not provided for by this Agreement of which SW£E'rbecomes aware; Ensure that any agents or subcontractors to whom ..~"~lf£Erprovides PHI, or who have access to PHI, agree to the same restrictions and conditions that apply to $1/VEETwith respect to such PHI; Make PHI available to the individual who has a right of access as required under HIPAA in the event SWEET maintains any PHI in a designated record set as defined by 45 C.F.R. § 164,501; Make available for amendment and incorporate any amendments to PHI when notified to do so by Customer in the event that SWEET maintains any PHI in a designated record set as defined by 45 C.F.R. § 164.501; Hake available to Customer the information required to provide an accounting of the disclosures of PHI, if any, made by SW£ETon Customer's behalf, provided such disclosures are of the type for which an accounting must be made under the Privacy Regulations; Make its internal practices, books and records relating to the use and disclosure of Customer's PHI available to the Secretary of the Department of Health and Human Services for purposes of determining Customer's Initials compliance with HIPAA and the Pdvacy Regulations; and VIII. General At the termination of this .Agreement, return or destroy all PHI received from, or created or received by b'il~ETon behalf of Customer. Tn the event the return or destruction of such PH[ is infeasible, ~'ll~ETS obligations under this section VT[ shall continue in force and effect so long as .gl4~ET possesses any PHI, notwithstanding the termination of this Agreement for any reason. 1) Entire Agreement. This Agreement and the License Agreement constitute the entire agreement between the parties with respect to the subject matter hereof, and all prior agreements, representations, and statements with respect to such subject matter are superseded hereby. This Agreement may not be altered, modified, amended, changed, rescinded, or discharged in whole or in part, except by written agreement executed by both Customer and b'WEFK 2) 3) Assignment. This Agreement may not be assigned without prior written consent from · '*W£ETand any attempt to do so without permission shall be void. Force Majeure. Notwithstanding anything to the contrary in this Agreement, no default, delay or failure to perform on the part of either party shall be considered a breach of this Agreement (other than nonpayment of money or breach of confidentiality provisisions) if such default, delay or failure to perform is shown to be due entirely to causes beyond reasonable control of the party charged with a default, including, but not limited to, causes such as strikes, lock-outs or other labor disputes, riots, civil disturbances, actions or inactions of governmental authorities or suppliers, epidemics, war, embargoes, severe weather, fire, earthquakes, acts of God or the public enemy, or nuclear disasters. 4) Governing Law. The validity and performance of this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, excluding that body of law applicable to choice of law. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above. BOARD OF ~NTY ~ISSIONER Swmet Compub~Sewic~, Znc, d/b/a COLLIER ~CT~tlUNTY ~'~ORIDA · b"WEF/;, an Ortivus Company, By: , __ /~lrL a Delaware Coq~ration Customer Tom ~c~ning ,V Cha i By: By: Z-{ 1-0~ Print Name: Print Name: Title: Title: Sweet Computer Services, Inc. d/b/a · l~'£E'ran OrUvus Company 2324 Sweet Parkway Road Decorah, Iowa 52101 Customer Site Address: 16 3 Schedule A This Schedule describes the terms and conditions relating to Technical Support that S~VEETwill provide to Customer during the Initial Support Term and any Renewal Terms. The Technical Support Agreement described in this Schedule does not expand on or change the Program warranty provisions set forth in the Ucense Agreement. Product Updates: From time to time SW£ETmay develop permanent fixes or solutions to known problems or bugs in the Program and incorporate them in a formal "Update" to the Program. If Customer is receiving Technical Support from SWEETon the general release date for an Update, S~VEETwill provide the Customer with the Update and related Documentation, both at no additional charge to the Customer. Technical SUDDort Service~: Telephone Assistance. Customer will be given the telephone number for ~WEET'ssupport line and will be entitled to contact the support line dudng normal operating hours, (between 8:00 a.m. and 5 p.m.U.S. Central Standard Time) on regular business days, excluding ,~1~'~ holidays, to consult with S/EETTechnical Support staff concerning problem resolution, bug reporting, documentation clarification, and general technical guidance. Assistance may include communicating via pcAnywhere, modem, or electronic bulletin board. Web site Support. Online support is available 24 hours per day, offering Customer the ability to resolve its own problems with access to S~fIEE7's most current information. Customer will need to enter its designated user name and password to gain access to the technical support areas on ~f£E7's web site. SWEE7's technical support areas allow the Customer to: (i) search an up-to-date knowledge base of technical support information, technical tips, and featured functions; (ii) access answers to frequently asked questions (FAQ); and (iii) access current program releases and documentation. ~oftware Problem Reporting. Customer may submit to ~'"W£L~-rrequests identifying potential problems in the Program. Requests should be in wdting and directed to SW£~'rby e-mail or FAX. SWEll'retains the right to determine in its sole discretion the final disposition of all requests, and will inform Customer of the disposition of each request. If ~7'decides in its sole judgment to act upon a request, it will do so by providing a bug fix as described above. Exclusions from Technical Support Service. ~E'rshall have no support obligations with respect to any hardware or software product ("Nonqualified Products'9 other than the Program. if ,~¢EL~provides support services for a problem caused by a Nonqualified Product, or if ~'l~'/'s service efforts are increased as a result of a Nonqualified Product, SI~'£ETwill charge time and materials for extra service at its current published rates for custom software services. If, in sw£~'r~ opinion, performance of Technical Support is made more difficult or impaired because of Nonqualified Products, SWEET shall so notify Customer, and Customer will immediately remove the Nonqualified Product at its own risk and expense during any efforts to render Technical Support under this Agreement. Customer shall be solely responsible for the compatibility and functioning of Nonqualified Products with the Program. Initials Customer Responsibilities: In connection with 5'itf£E'l's provision of Technical Support as described in this Exhibit, Customer acknowledges that Customer has the responsibility to do each of the following: 1) Maintain the designated computer system and associated peripheral equipment in good working order in accordance with the manufacturers' specifications, and ensure that any problems reported to ..~f/£ETare not due to hardware malfunction; 2) Maintain the designated computer system at the latest code revision level deemed necessary by 5)ltEETfor proper operation of the Program; 3) Supply .~l/EETwith access to and use of all information and facilities determined to be necessary by SWEETto render the Technical Support described in this Exhibit; 4) Perform any test or procedures recommended by ~"lff£ETfor the purpose of identifying and/or resolving any problems; 5) Maintain a procedure external to the Program for reconstruction of lost or altered files, data, programs to the extent deemed necessary by Customer; 6) At all times follow routine operator procedures as specified in the Documentation; 7) Remain solely responsible at all times for the safeguarding of Customer's proprietary, confidential, and classified information; and 8) Ensure that the designated computer system is isolated from any process links or anything else that could cause harm before requesting or receiving remote support assistance. This information is provided as a reference. · Hardware and Network/Operating System Specifications ........................................ 2 · Windows NT4.0/2000 Server Network ..................................................................... 3 · Terminal Services/Citrix® Server Configuration ........................................................ 4 · Windows NT 4.0NVorkstation 2000 Peer to Peer Network ....................................... 5 · Windows 2000/NT 4.0 Standalone Server Workstation ........................................... 6 · Field Data Remote and Interface Specifications ...................................................... 6 · The Education Department's Workstation Specifications ......................................... 7 · Unsupported Operating Systems .............................................................................. 7 · Network Interface Cards ........................................................................................... 7 · Network Hubs/Switches ............................................................................................ 8 · Network Cabling ........................................................................................................ 9 · Communication Tools .............................................................................................. 10 · Printers ..................................................................................................................... 10 · Hardware Safeguards .............................................................................................. 10 · Customer Acceptance of Hardware Requirements ................................................ 11 SWEET, an Ortivus Company 2324 Sweet Parkway Road, P.O. Box 276 Decorah, IA 52101-0276 (8O0) 537-3927 Fax: (563) 387-9333 Page I of 11 Hardware Requirements 5-29.02. doc Marketing De~art~nent Revised 05/22/2002 sales~sweetcs.com M:V~farketing Litereture\Hardware Requirements 5-29-02. doc · if your existing hardware, operating, and network system is compatible with SWEET · what you may need to purchase or upgrade · the potential growth of both your business and anticipated SWEET technology advances The term 'Server' will refer to a dedicated computer that will host MS SQL Server 7.0/2000. This computer will not be used to run the Amazon Billing application. The term 'Server Workstation' will refer to a computer that is not dedicated to just hosting MS SQL Server 7.0/2000. This computer may also be used for running the Amazon Billing application. The term 'Standalone Server Workstation' will refer to a single computer configuration that will host MS SQL Server 7.0/2000 and will also run the Amazon Billing application. The term 'Client Workstation' will refer to the computer that will be running the Amazon Billing application. This machine will NOT host MS SQL Server 7.0/2000. Generally, this computer will be on an employee's desk. The term 'Remote Unit' pertains only to those customers who are using Amazon Field Data. The 'Remote Unit' is the computer that is used 'in the field' by the Paramedics/EMTs. The term 'Interface Server' pertains only to those customers who are using Amazon Field Data. The 'Interface Server' is a computer that is dedicated to running the Interface application, which is used for transferring data between Amazon Field Data and Amazon Billing. Amazon Billing utilizes the Relational Database Management System (RDBMS) known as Microsoft SQL Server. If your Amazon Billing system is 5 or fewer users, you can utilize the Microsoft Database Engine (MSDE), which is a run-time version of Microsoft SQL Server 7.0 and is installed dudng the Amazon Billing installation. If your Amazon Billing system is more then 5 users, you will need to use either Microsoft SQL Server 7.0 or Microsoft SQL Server 2000, as the billing program is compatible with both versions. If you do not have either version, Microsoft SQL Server 2000 can be purchased through your local software dealer. This guide is designed to specifically meet SWEET sofivvare product hardware and network operating system needs. Other software needs have not been considered with this recommendation. Note: These specifications ere dated. If the date is over 6 months old, please contact your SWEET Sa/es Representative for the latest specifications. SWEET, an Ortivus Company 2324 Sweet Parkwey Road, P.O. Box 276 Decorah, IA 52101-0276 (800) 537-3927 Fax: (563) 387-9333 Page 2ofll Hardware RequJrernents 5-29~02~doc Marketing Oepa,'~rnent Revised 05/22/2002 sales~sweetcs, corn M:V~,farketing LiteretureV-lardware Requirements 5-29-02.doc Running Windows NT 4.0/2000 Server (Service Pack 6.0 or greater) as the Server Operating System (OS) with NT 4.0 Workstation/2000 Pro/Windows XP Professional as the Client Workstation Operating System. · A Multi-Processor Server, while not a requirement, is highly recommended for large EMS Providers. A Multi- Processor Server, which follows the Server Specifications below, will ensure the most efficient performance of the Amazon Billing application. · The implementation of a server (the machine hosting SQL Server) as a dual boot machine (multiple operating systems on one computer) is not allowed. · Hardware must meet Microsoft standards for compatibility with the Windows operating system selected. · Screensavers are not recommended as they may unnecessarily use CPU cycles that should be going to the application. However, the "blank screen" screensaver may be used if necessary. · Warning: if cloning (copying disk images) is used to set up additional workstations, it must be done BEFORE Amazon Billing or SQL2000 Client Tools are installed. Failure to do so will cause BOTH programs to malfunction. · Regardless of your operating system, ensure that you are running the current Service Pack offered by Microsoft®. · If utilizing Terminal Services/Citrix® for Amazon Billing, it is recommended that separate servers be used for the Terminal Services/Citrix server and the Amazon/SQL server. The recommendations listed below are written with the assumption that Amazon will be the only software used on the server. Note: the requirements needed for running Terminal Services/Citrix® are directly related to the number of users and the number of applications on the specific server. Additional applications added to the server will require an increase to the hardware specifications. · Below are the requirements for running Amazon Billing. If you are using the server for other software, you may need to increase the requirements to support the software. Server Specifications Number of Users Ram Disk Space Processor Speed Multi-Processor 1-5 512 MB 20 GB Pentium III 500+ 6-10 1GB 40 GB Pentium III 800+ 11-15 1.5 GB 40 GB Pentium III 800+ Yes More than 15 Users Contact your SWEET Representative for Recommendations. SWEET, an Ortivus Company 2324 Sweet Parkway Road, P.O. Box 276 Decorah, IA 52101-0276 (800) 537-3927 Fax: (563) 387-9333 Page 3 of 11 Hardware Requirements 5-29-02. doc Marketing Department Revised 05/22./2002 sales~, sweetcs, corn M:\Marketing LiteratureV-lar~twere Requirements 5-29-02, doc · Windows NT 4.0 Server w/Service Pack 6.0 or higher OR Windows 2000 Server · RAID 5 (Optional) · 10/100BaseT Network Adapter · 1.44 MB floppy drive · CD ROM · VGA Monitor supporting a minimum of 800 x 600 resolution with 16bit color · Keyboard · Mouse · Suitable Tape / CD-RW Backup System · Battery Backup (UPS) · Microsoft Internet Explorer 5.0 or higher · PcANYVVHERE 10.5 and Modem must be installed on the Server · TCP/IP must be installed and must be configured with a Static IP Address · NTFS is required Client Specifications · Pentium II-400 · NT 4.0 Workstation/2000 ProfessionalgNindows XP Professional (NT 4.0 must have Service Pack 6.0 or higher installed) · 100 MB usable disk space · 128 MB RAM · 10/100BeseT Network Adapter · 1.44 MB floppy drive · CD ROM · VGA Monitor supporting a minimum of 800 x 600 resolution with 16bit color · Keyboard · Mouse · TCP/IP must be installed on all computers that will access Amazon Billing Terminal ServiceslCitrix ®Server Specifications · Pentium III - 800 or faster processor · Window NT 4.0 Server w/Service Pack 6.0 or higher OR Windows 2000 Server · 5 GB usable disk space (Call your sales representative for more information) · RAM Specifications · 1-5 users: 512 MB RAM · 6-10users: 1 GB RAM · 11-15 users: 1.5 GB RAM · More than 15 users: contact SWEETfOr recommendations · RAID 5 (optional) · 10/100BaseT Network Adapter · 1.44 MB floppy drive · CD ROM · VGA Monitor supporting a minimum of 800 x 600 resolution with 16bit color · Keyboard · Mouse · Suitable Tape/CD-RW Backup System · Battery Backup (UPS) · Microsoft Internet Explorer 5.0 or higher · TCP/IP must be installed and must be configured with a Static IP Address · NTFS is required SWEET, an Ortivus Company 2324 Sweet Parkway Road, P.O. Box 276 Decorah, IA 52101-0276 (SO0) 537-3927 Fax: (563) 387-9333 Page 4 of 11 ' Hardware Requirements 5-2g-O2. doc Marketing Department Revised 05122/2002 sales~sweetc$, corn M:Vt4arketing L~teratureV4erdware Requirements 5-29-02. doc Terminal Services/Citrix ® Client Specifications Note: there are minimum hardware requirements forWindows clients utilizing Terminal Services/Citrix. Please refer to the Microsoft or Citdx documentation for client specifications. · VGA Monitor supporting a minimum of 800 x 600 resolution with 16bit color · Keyboard · Mouse Running Windows NT 4.0 Workstation/Windows 2000 Pm/Windows XP Professional as the Server Workstation Operating System with Windows 2000 Pro as the Client Workstation Operating System is only recommended for networks with no more than four Client Workstations and one Server Workstation. Server Workstation specifications · Pentium III - 500 or faster processor · Windows 2000 Pro or Windows NT 4.0 Workstation (with Service Pack 6.0) · 20 GB usable disk space (Call your sa/es representative for more information) · 512 MB RAM (768 MB RAM if the Server is used as a Workstation) · 10/100BaseT Network Adapter · 1.44 MB floppy drive · CD ROM · VGA Monitor supporting a minimum of 800 x 600 resolution with 16bit color · Keyboard · Mouse · Suitable Tape / CD-RW Backup System · Battery Backup (UPS) · TCP/IP must be installed (and configured with a Static IP Address) on all computers that will access Amazon Billing including the Server · Microsoft Internet Explorer 5.0 or higher · PcANYVVHERE 10.5 and Modem must be installed on the Server Client specifications · Pentium II - 400 · Windows 2000 Pro/Windows NT 4.0 Workstation (with Service Pack 6.0)/Windows XP Professional · 100 MB usable disk space · 128 MB Ram · 10/100BeseT Network Adapter · 1.44 MB floppy drive · CD ROM · VGA Monitor supporting a minimum of 800 x 600 resolution with 16bit color · Keyboard · Mouse · TCP/IP must be installed on all computers that will access Amazon Billing SWEET, an Ortivus Company 2324 Sweet Parkway Road, P. 0. Box 276 Deco/ah, IA 52101-0276 (800) 537-3927 Fax: (563) 387-9333 Page 5 of 11 ' HardwereRequirementsS.2~O2. doc Marketing Department Revised 05/22/2002 seles@sweetcs, corn M:V~farketing Literature~Han~were Requirements 5-29-02.doc Running Windows 2000~Windows NT 4.0~Windows XP Professional (Service Pack 6.0 or higher) as the Server Workstation Operating System with no other machines attached in any form of network configuration. Standalone Server/Workstation Specifications · Pentium III - 500 · Windows NT 4.0/Windows 2000ANindows XP Professional (NT 4.0 must have Service Pack 6, 0 or higher installed) · 4 GB usable disk space (call your sales representative for more information) · 256 MB RAM · 1.44 MB floppy drive · CD ROM · VGA Monitor supporting a minimum of 800 x 600 resolution with 16bit color · Keyboard · Mouse · Suitable Tape / CD-RW Backup System · Battery Backup (UPS) · TCP/IP must be installed on the Server · pcANYWHERE 10.5 and Modem must be installed on the Server · Microsoft Internet Explorer 5.0 or higher Remote Unit · Pentium III - 400 · Windows NT 4.0/VVindows 2000/Windows XP Professional (NT 4.0 must have Service Pack 6.0 or higher installed) · 4 GB usable disk space (callyoursales representative formore information) · 256 MB Ram · 10/100 Base T Network Adapter · VGA Monitor supporting a minimum of 800 x 600 resolution with 16bit color · Keyboard · Mouse · Microsoft Internet Explorer 5.0 or higher · TCP/IP Must be Installed · Windows OS upgrades are NOT recommended SWEET~ an Ortivus Company 2324 Sweet Parkway Road, P. 0. Box 276 Decorah, IA 52101-0276 (800) 537-3927 Fax: (563) 387-9333 Page 6 of 11 Hardware Requirements 5-29-02. doc Marketing Department Revised 05/22_.J2002 sales~sweetcs, corn M:Vvian~eting LiteratureU-lardware Requirements 5-29-02.doc 1603 Interface Server · Pentium IV- 1Gig · Windows NT 4.0NVindows 2000NVindows XP Professional (NT 4.0 must have Service Pack 6.0 or higher installed) · 100 MB usable disk space (call your sales representative formore information) · 512 mg Ram · 10/100 Base T Network Adapter · VGA Monitor supporting a minimum of 800 x 600 resolution with 16bit color · Keyboard · Mouse · Microsoft Internet Explorer 5.0 or higher · pcANYWHERE 10,5 and modem must be installed on the server · TCP/IP Must be Installed The following specifications must be included on at least one client workstation for educational purposes: · 1024 x 768 resolution · 32 K Color · Sound Card · CD Rom The following is a list of Operating Systems and features that are not supported by SWEET:, · Windows 95, Windows 98 and Windows ME · Linux · SQL Replication · Windows OS upgrades Network Cards lwe recommend one of the following) 10BaseT 100BaseT (100BaseT will assure best performance) 10/100 BaseT Recommended Brand: · 3 Com or Intel Pro Network Cards SWEET, an Ortivus Company 2324 Sweet Parkway Road, P. 0. Box 276 Decorah, IA 52101-0276 (800) 537-3927 Fax: (563) 387-9333 Page 7 of 11 Hardware Requirements 5-29-02. doc Marketing Department Revised 05/22/2002 sales~sweetcs, corn M:VWarketing LitereturetJ-lerdware Requirements 5-29-02. doc Differences Between Network Cards · The difference between 10Beset and 100BaseT is the speed that data can travel over the network. · The 100BaseT is translated into 100Mbps (megabits per second). In order to run 100BaseT, you will need to have a 100BaseT hub or switch and Category 5 cabling. · 10BaseT is translated into 10Mbps. · The 10BaseT needs to have a 10BaseT hub or switch and have Category 3 or above cabling. · The cost is higher for a 100BaseT network. · Considering the 100BaseT network is increasing the 10Mbps bandwidth by a factor of 10, the cost to speed ratio is very minimal. The third option is a combination 10/100BaseT network card. This card allows the network to communicate at either speed. It is ideal in situations where plans are to change to a 100BaseT network, but the entire network (cabling, hubs, and switches) is not yet ready to handle the speed, Basic Network Diagram Server/Sewer Workstations Client Workstations Understanding How Network Hub Technology Works The network hub is, just as the name indicates, the very center of the network (see diagram on previous page.) All workstations and servers run directly into a box that is called a network hub, or concentrator. On a network hub, data travels from a workstation to the network hub. This information is then relayed to every connection on the network. If a workstation is requesting information from the server, the request also goes out to every workstation. Upon receipt of the request, each workstation determines if the request is for them. If it is not, the request is ignored. Each computer on the network is requesting and sending information, causing a likelihood of collisions to take SW==T, an Ortivus Company 2324 Sweet Parkway Road, P.O. Box 276 Decorah, IA 52101-0276 (800) 537-3927 Fax: (563) 387-9333 Page 8 of 11 Hardware Requirements 5-29-02. doc Merf(eting Department Revised 05/22/2002 sales~sweetcs, con? M:Vvlarketing I. itereture~Hardware Requirements 5-29-02. doc place. This data transfer method is inefficient and reduces the speed of the entire network. Recommended Network Switch ' This network switch analyzes the data and determines the most common paths used to transmit this data. This helps eliminate unnecessary data to workstations and reduces the number of collisions. Hence, a much more efficient and faster network is the result. This, in turn, creates a faster response time for SWEET. Network Switch Cost The cost for a network switch is, of course, greater than a network hub. If a network switch is pumhased, the network hubs can be connected directly to the network switch, and the servers can go directly on this network switch. This cuts down on cost and again creates a very efficient network. The link between all of the workstations and servers on the network is Cabling. Cabling differs in the category that is associated with it. This category determines what speed data can travel. Recommended Cablin~ Specifications In order to run the 100BaseT, Category 5 Ethernet cabling is required. There is such a thing as 10Base2, otherwise known as BNC or Coax. The disadvantage of the 10Base2 is if a segment fails, it brings down the entire network. If the Ethernet cabling is installed and a segment fails, it only affects that individual machine. Cabling is very important to the network, and it can be very sensitive. We recommend the network cabling be installed by a professional. A network cabling installation professional has the equipment to test your lines after they are installed. This allows for a smooth setup of your network, as it reduces the chances of a bad line problem. PcANYWHERE 10.5- Manufactured by Symantec (PcANYWHERE 10.5 is compatible with all SWEET recommended operating systems. If running Terminal Services, please contact your SWEET sales representative for more compatibility information). SwEEP'requires pcANYWHERE10.5 software to be purchased and installed on the server that is running your Amazon Billing program. This enables our Support Department to assist you with any questions that you may have or any problems that you may encounter, pcANYWHERE allows the Support Department to dial in and access your computer. It will not be possible for the Support Department to assist you unless pcANYWHERE is installed on your server. Acrobat Reader 4.0 or higher - Manufactured by Adobe - is required to view SWEETon-line literature. Acrobat Reader 4.0 is FREE and available for download from www. adobe.com or it is located on the SWEETCD. SWEET~ an Ortivus Company 2324 Sweet Parkway Road, P.O. Box 276 Decorah, IA 52101-0276 (8OO) 537-3927 Fax: (563) 387-9333 Page 9 of 11 Hardware Requirements ,5-29-0Zdoc Marketing Department Revised 05/22/2002 sele$~sweetcs, corn M:V~4a~keting LiteratureV-len~vare Requirements 5-29-02. doc 160} HyperTerminal is the recommended software package for sending electronic claims. Your sales representative will inform you if a special package is required to send claims to your carrier. Modem Speed is critical to your operation. A slow modem increases the cost of telephone usage and can be a source of aggravation for anyone wait ng for tasks to complete via a computer modem, t should also be noted that the speed of the modem is affected at times by what the telephone lines in your area can handle. Recommended Modem · 56K Baud Modem · Dedicated phone line for the modem Recommended due to the higher speed and quality of laser printers in conjunction with the graphical pdnting nature of Windows. · Dot Matdx printers High impact, Dot Matrix printers are necessary when printing multi-part, carbon copy forms. Note: Dot Matdx printers wil__~l be significantly slower when pdnting bills or other forms in Amazon Billing. · We do not support DeskJet, Inkjet, and High-Speed Line Printers In order to protect your valuable electronic information, we highly recommend you use the following safeguards: · Surge Protectors · Dedicated power distribution (Circuit Breakers) · UPS (uninterrupted power source) SWEET~ an Ortivus Company 2324 Sweet Parkway Reed, P.O. Box 276 Decorah, IA 52101-0276 (8O0) 537-3927 Fax: (563) 387-9333 Page 10 of 11 Hardware Requirements 5-29-02. doc Marketing Deperfment Revised 05/22/2002 sales~sweetcs, corn M:~4erketing LJteretureV-fardwere Requirements 5-2~-02. ck)c These Hardware Requirements are established in order to assure a smooth and effective operation of SWEET software products. This requires a complete understanding and written acceptance by the customer before installation and training. Your signature below is required before installation and training can begin or be scheduled. This signature indicates you have reviewed and understand all areas of this document thoroughly. If you have any questions or need clarification on any of the information in this document, contact your sales representative immediately (800) 537-3927. These Hardware Requirements are subject to change without notice. I understand and I am willing to comply with the requirements set forth in this (SWEET Amazon Billing Hardware Requirements) document, which specifically includes the following areas: · Hardware and Network/Operating System Specifications (described in detail on page 2) · Windows NT 4.0/2000 Server Network (described in detail on page 3) · Windows NT 4.0 Workstation/2000 Peer to Peer Network (described in detail on page 5) · Windows 2000/NT 4.0 Standalone Server Workstation (described in detail on page 6) · Field Data Specifications (described in detail on page 6) · The Education Department's Workstation Specification (described in detail on page 7) · Unsupported Operating Systems (described in detail on page 7) · Network Interface Cards (described in detail on page 7) · Network H ubs/Switches (described in detail on page 8) · Network Cabling (described in detail on page 9) · Communication Tools (described in detail on page 10) · Printers (described in detail on page 10) · Hardware Safeguards (descdbed in detail on page 10) · It is of the utmost importance that adequate hard drive space is available for installation and growth of Amazon Billing. Please determine in advance which ddve your installation needs to be placed. If you plan to purchase new hardware, you need to have the hardware in place before Amazon Billing is installed. We realize some of these things are beyond your control; however, moving the Amazon Billing and the SQL database is a very time consuming process that requires the expertise of a SWEET Support Technician. This service is not covered in the Annual Support Contract, and you will be billed at an hourly rate. · if you install additional software and the functionality of Amazon Billing is affected, you are responsible for any costs associated with correcting problems that may occur. · This document outlines our hardware, operating and network system pre-requisites for Amazon Billing; however, depending on your specific circumstances, additional products may be needed. CompanylService (print please) Authorized Contact NamelTitle (print please) Authorized Signature Date SWEET is n~t responsible for variations in Windows setuD$ that may interfere wilh program operation, MS-DOS, MS Windows g5, Windows g8, Windows 2000, W'~dows XP Professional, HyperTerminal, Internst Explorer, Service Pack 5.0, and NT 4.0 are trademarks of the Microsoft Corporation. NetWare end Novell are registered trademarks of Novell, Inc. Pentium is a registered trademark of Intel Corporation. pc. ANYV/HERE is a registerad trademark of Symantec. Acrobat Reader 4.0 is a reg~sterad trademark of Adobe. SWEET is a trademark of Sweet, an Ortivus Company. Ap~-~~n & lethal suffloieney A~sistanf'~unty Attorney' Sw,-,-r, an Ortivus Company Page 11 of 11 2324 Swee. t I~a/f;~a~y Road, P.O. Box 276 Decorah, ~1~ '5210-1.r~276 (800) 53~3927 /~, At t e s t ::- ~ , f:~_. DWIGHT .E~'BI{OC[ :'"' ;~- Deputy C']:e=k ,. ~ "~;~,'~;,,. 3~ f.o Chafr'=an~$ BOARD OF2 COUNT%{ COMMISSIONERS By_.'/ ~ '-'-- ~- ~ ' Tom Henning~ Cha_M/rman Ha~we~ Requ~ents ~ 29~Z ~c Ma~e~g Depa~ent R~is~ 05/~2 8ale~s~et~. ~m M.~a~et~ ~temtu~a~m R~i~ents ~2~02.~c E .9.,o r-,. ,_.1 t.,-,. t- Memorandum 16113 To: Cindy Long - EMS Billing Mary Milat- Finance Audrey Martinez - Finance Trish Morgan - Minutes and Records Randall Jones - Purchasing From: Date: Subiect: Linda Jackson- Contracts Agent Monday, April 05, 2004 Name Chanqe Notification Good Morning, I was notified last week that Sweet, An Ortivus Company (formerly Sweet Soft) has changed their name to Ortivus North America. I have requested supporting documents which were faxed today. The original contract number is 97-2668, awarded October 28, 1997, Agenda Item 16.D.2 The upgrade was awarded on February 11, 2003, Agenda Item 16.D.3. Please update your records accordingly. Regards,//~ .Ti C o?'ra/ct~ Agent Purchasing Department 04/08/2004 11:42 FA/ $63 387 9333 ORTIVU$ NORTH A,~gRICA ~001 rtivus north america Tami A. Bdncks Administrative Assistant/Human Resource Specialist Ortivus Nort~ Amedca 2324 Sweet Parkway Road Decorah, IA 5210t Phone: 563-387-3191, ext. 210 Fax;. 563-387-3198 tami. bdncks~o~sna.~m Ortivus North America and PWW presents: "C;_~h Within Your Grasp for EMS Providers" ...a FREE one-day workshop offered in Portland, OR on May 13th and Chicago, IL on May 20th CALL 800-537.-3927 FOR MORE INFORMATION 1~: Unda L Jackson I=r=m= Taml Bdncks Fac= 239-732-0844 Pages: 3 Phmle= 23g-774-8990 Date= 4-5-2004 Re; Name Change Info;marion CC: [] ~ [] Fer Review O Please ~meat [] P~ease R~, [] P~ease ~ Linda - Following is lhe name change information for Sweets changing to Ortivus, Inc. Ortivus, Inc. is our legal name and we do business as Od. ivus Nortfl America. If any additional information is needed, please feel free to contact Teresa or myself. Have a good day! Confidentiality Notice: This fax transmission Is privileged and confidential, and is intended forthe sole use of intended recipient(s). Any unauthorized review, use, disclosure, distribution, or copying is prohibited. If you are not the intended mr, ipient, please retum it immediately to the sender with a note stating, 'Received In Effor' and destroy/delete all copies of this message. 04/05/2004 11:42 FA~ 563 38? 9333 0RTIVUS NORTH A~ERICA ~002 Sta te I, ~ SMITH W~ND~OR, SECRETARY OF STATE OF T~F. STATE OF COPY OF ~ ~~~ OF ~ OF "S~ ~~ S~~ , ~. ", ~ZNG ITS ~ ~ "~ C~~ ~-~~ ~ OF ~~, A-D. 2004, ~ 10 0'~0~ A.M. A ~ ~PY OF ~IS ~IFI~E ~ B~ ~~ ~ T~ 3323761 8100 040129200 04/08/2004 11:42 FAX 55S ~87 9~ 0RTIVUS NORTH .A~RRICA ._,._-',FEB. Z4,;E:Ei~:¢.:-l~:58::~-~'~;:~/-~ IN~''~:-~'~ur~-~'' %~ ~003 N0.497 16El DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 12, 2003 RESOLUTION NO. 2003-_7_2_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ACCEPTANCE OF ALL CONVEYANCES MADE TO COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND ALL CONVEYANCES MADE TO THE COLLIER COUNTY WATER-SEWER DISTRICT, WHICH ARE HEREAFTER MADE IN COMPLIANCE WITH THE DEVELOPMENT COMMITMENT REQUIREMENTS OF ANY AND ALL ORDINANCES AND AGREEMENTS OR AS AN INTEGRAL PART OF CAPITAL IMPROVEMENT PROJECTS. WHEREAS, the Board of County Commissioners is the governing body of Collier County, a political subdivision of the State of Florida, and in addition is ex-officio the Governing Board of the Collier County Water-Sewer District (hereinafter collectively referred to as "Collier County"); and WHEREAS, various interests in real property must be conveyed to Collier County for public use as a requirement of certain development commitments stipulated by Collier County ordinances, in fulfillment of obligations which may now or in the future be contained in agreements between Collier County and any legal entity, and as an integral part of capital improvement projects; and WHEREAS, the formal acceptance by Collier County of such required conveyances is important in that infrastructure maintenance responsibilities are thereby established, and the public right to utilize rights-of-way becomes documented through such acceptance; and WHEREAS, the growth of the County necessitates an increasing number of such conveyances year after year; and WHEREAS, the number of conveyances has caused County staff to bring an increasing number of separate "acceptances" before the Board of County Commissioners via Executive Summary and Resolution; and WHEREAS, it is desirable and in the best interest of Collier County to reduce the staff time and paperwork which is generated by the formalized acceptance process. NOW, THEREFORE, BE IT RESOLVED that all interests in real property which may be conveyed either to Collier County, a political subdivision of the State of Florida, or to the Board of County Commissioners as the governing body of Collier County, Florida, and as ex-officio the Governing Board of the Collier County Water-Sewer District, and which are conveyed to either entity as a development commitment requirement pursuant to any County ordinance, or in fulfillment of any obligation which may now or in the future be contained in any agreement between Collier County and any other legal entity, or which are required as an indispensable function during Page 1 the completion of a capital project which has been approved by the Board of County Commissioners, are hereby accepted. AND IT IS FURTHER RESOLVED that in order to document the acceptance of any such conveyance of an interest in real property to Collier County, the Clerk to the Board is hereby authorized to affix to any such conveyance instrument, prior to recording in the Public Records of Collier County, Florida, a stamp or seal attesting to acceptance on behalf of Collier County. The Property Acquisition & Construction Management Manager, or his/her designee, shall provide written notification to the Clerk of Court that the conveyance was required by the Board of County Commissioners in fulfillment of an obligation on behalf of the conveying entity or to complete project as approved. AND IT IS FURTHER RESOLVED that the calendar year 2003 Chairman of the Board of County Commissioners, or any subsequent Chairman, is hereby authorized to execute all documents pertinent to the acceptance of any such conveyance or the cleating of the lien of any encumbrances from any such conveyance. AND IT IS FURTHER RESOLVED that the staff is authorized to follow proper real estate closing procedures and record all such documents in the Public Records of Collier County, Florida. THIS RESOLUTION ADOPTED on this majority vote. ATTEST:'i ~ DWI, Cr~ F_7:TEi~?OGK, CLERK =_., ' . ,~.~ l~atyCle' .< ~' e rk Approved as to fora and legal sufficiency: H~idi F. Ashton Assistant County Attorney day of By: 2003 after motion, second and BOARD OF COUNTY COMMISSIONERS ~-~om Hennaing --I~ Ch2,?i?dn Page 2 RESOLUTION NO. 2003- 7 3 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER, COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF DEEDS AND AGREEMENTS FOR THE LAKE TRAFFORD MEMORIAL GARDENS CEMETERY, BY THE CHAIRMAN OF THE BOARD FOR THE 2003 CALENDAR YEAR. WHEREAS, Collier County acquired a twenty (20) acre site by Warranty Deed dated December 15, 1964 from J.C. Turner Lumber Company and recorded in the Public Records of Collier County in O.R. Book 180, Page 773 on December 21, 1964, for use as a public cemetery known as the Lake Trafford Memorial Gardens Cemetery; and WHEREAS, the Board of County Commissioners adopted Resolution No. 82-105 on July 27, 1982, which governs the rights of interment, administration, maintenance and development of the Lake Trafford Memorial Gardens Cemetery, said policy including the disposition of indigent deceased; and WHEREAS, the Board of County Commissioners adopted Resolution 87-224 on September 22, 1987, which revises Resolution No. 82-105 regarding the operation of the cemetery; and WHEREAS, the Board of County Commissioners adopted Resolution No. 90-214 on April 17, 1990, which reserves a section in the Veterans Section for the purpose of providing a memorial; and WHEREAS, the Board adopted Resolution No. 90-242 on May 1, 1990, which revises the rules and regulations which govern the administration and development of the cemetery; and WHEREAS, there is a benefit to the County and to the public if the administrative procedures concerning Deeds and Agreements for Deed to Right of Interment for the Lake Trafford Memorial Gardens Cemetery are expedited, while maintaining the safeguards of staff and legal counsel review of such documents; and WHEREAS, the Board of County Commissioners recognizes the benefit of reducing time for Board approval on reviewed and approved Deeds and Agreements for Deed to Right of Interment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA that: The Board of County Commissioners does hereby authorize the Chairman of the Board of County Commissioners to execute Deeds and Agreements for Deed to Right of Interment for the Lake Trafford Memorial Gardens Cemetery, pursuant to Resolution No. 90-242 dated May 1, 1990, and the County's administration of that Resolution, whereupon the Deeds and Agreements for Deed to Right of Interment have been previously reviewed and approved by the Facilities Management Department and the County Attorney's Office. The authorization of the Chairman to execute the Deeds and Agreements for Deed to Right of Interment for the Lake Trafford Memorial Gardens Cemetery hereunder shall extend solely for the 2003 calendar year. This Resolution adopted this . _ majority v,ote. A]Q-EST: ,. ..... , Deputy Clerk , Jib'test, as to , s,~ature onll. ({'~ dayof ~J~ruQr-u ,2003, after motion, second and BOARD OF~NTY C~J~IlSSIONE,RS COLLIER C~]~.~_-I'Y, F_EI~DA BY: _ Tom Henmng, ChaPman ~ Z--il-O:5 ~ Approved as to form and legal s~ufficiency: H~idi F. ,~'l~tOn Assistant County Attorney RESOLUTION NO. 2003- 7 4 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF THE REAL ESTATE SALES AGREEMENTS AND STATUTORY DEEDS FOR THE G.A.C. LAND TRUST PROPERTY BY THE CHAIRMAN OF THE BOARD FOR THE 2003 CALENDAR YEAR. WHEREAS, Collier County, Florida entered into an agreement with Avatar Properties Inc. on November 15, 1983 to accept as Trustee 1,061.5 acres of real property in Golden Gate Estates for the purpose of sale to the public; and WHEREAS, Collier County, Florida accepted the acreage in phases: Phase I on November 15, 1983, Phase II and III on February 16, 1988 and Phase IV and V on June 13, 1989; such conveyances have been recorded in the Public Records of Collier County, Florida; and WHEREAS, on April 5, 1988, and March 10, 1998, the Board of County Commissioners approved the marketing procedures for the sale of the Golden Gate Estates property conveyed by Avatar Properties Inc. Thereupon the Facilities Management Department has been actively marketing the property (Phases I through V) for sale to the general public; and WHEREAS, there is a benefit to the County and to the public if the administrative procedures concerning the Real Estate Sales Agreement documents and Statutory Deeds are expedited, while maintaining the safeguards of staff and legal counsel review of such documents; and WHEREAS, the Board of County Commissioners recognizes the benefit of reducing time for Board approvals and the subsequent closing process on reviewed and approved Real Estate Sales Agreements and Statutory Deeds. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, that 1. The Board of County Commissioners does hereby authorize the Chairman of the Board of County Commissioners to execute Real Estate Sales Agreements and Statutory Deeds resulting from the Agreement dated November 15, 1983 and the County's administration of such Agreement, whereupon the Real Estate Sales Agreements and Statutory Deeds have been previously approved by the Facilities Management Department, the Finance Department and the County Attorney. 2. The authorization of the Chairman to execute Real Estate Sales Agreements and Statutory Deeds hereunder shall extend solely for the 2003 calendar year. This Resolution adopted this second and majority vote. ,A~/.~TEST: .. DWIGHT E.'BROCK, Clerk ,_ ' . DeputyC1Erk, slgnat~e ~, Approved as to fo~ and ~id[ F.~shton Assistant County Attorney day of ~bt'uat-c~ ,2003, after motion, BOARD OF C~UNTY C~)MMISSIONERS COLLIER~JNTY~)RIDA Tom Henning, Chairman 16E5 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 12, 2003 16E6 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 12, 2003 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE February 11, 2003 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Minutes: o o 10. 11. 12. Collier County Contractor's Licensing Board - Agenda for January 15, 2003. Workforce Housing Advisory Committee - Minutes of November 18, 2002, December 2 & 1/~, 2002. Collier County Hispanic Affairs Advisory Board - Agenda January 6, 2003. Bayshore Gateway Triangle Local Redevelopment Advisory Board - Agenda for January 8, 2003. 1-75/Golden Gate Ad Hoc Landscaping Beautification Committee - Summary of Motions and Minutes for December 11, 2002d- a.~]~~ ¢¢$ Pelican Bay Advisory Services - Agenda for January 9, 2002; Minutes of December 1~, 2002. Bayshore Beautification M.S.T.U. - Agenda for January 8, 2003; Minutes of December 11, 2002. Environmental Advisory Council - Agenda for January 8, 2003; Minutes of December 4, 2002. Vanderbilt Beach M.S.T.U. - Agenda for January 9, 2003; Minutes of December 5, 2002. Collier County Citizens Corp Advisory Committee - Agenda for December 19, 2002; Minutes of December 19, 2002. Ochopee Fire Control District Advisory Board - Minutes for October 7, 2002. Collier County Planning Commission - Agenda for January 16, 2003; Minutes of December 19, 2002. H:Data/Format 13. Collier County Airport Authority - Agenda for January 13, 2003; Minutes of December 19, 2002. 14. Parks and Recreation Advisory Board - Agenda for January 15, 2003; Minutes of December 18, 2002. 15. Immokalee Local Redevelopment Advisory Board - Agenda for January 22, 2003. 16. Radio Road Beautification M.S.T.U. - Agenda for January 21, 2003; Minutes of December 17, 2002. 17. Lely Golf Estates Beautification Advisory Committee - Agenda for January 16, 2003; Minutes of December 19, 2002. 18. Workforce Housing Advisory Committee - Agenda for January 14, 2003. 19. Forest Lakes Roadway and Drainage M.S.T.U. Advisory Committee - Minutes of December 13, 2002; Agenda for January 24, 2003. 20. Lake Trafford Restoration Task Force Meeting - Minutes of December 18, 2002; Agenda for January 22, 2003. Other: 1) Florida House of Representatives- Mike Davis received Committee Assignments. H:Data/Format AGENDA MartinsonKathleen From: Sent: To: Fiala - ~ _ Hales ~,-----~/ Coyle -~ _ ~ C'.nletta wright_m Monday, January 06, 2003 10:40 AM merritti; MartinsonKathleen; Maureen K. Kenyon; Minutes and Subject: January 2003 Agenda Page 1 of 1 1611 AGENDA COLLIER COUNTY CONTRACTORS'LICENSING BOARD DATE: January 15, 200~ TIME: 9:00 A.M. W. HARMON TURNER BUILDING (ADMINISTRATION BUILDING) COURTHOUSE COMPLEX ~,NY 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 THAT TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. I. ROLL CALL II. ADDITIONS OR DELETIONS: III. APPROVAL OF AGENDA: IV. APPROVAL OF MINUTES: DATE: November 20, 2002 V. DISCUSSION: VI. NEW BUSINESS: Adolfo A. Carta- Request to qualify a second company. Paraschiva Valean - Request to waive exam for Tile & Marble license. Michael Faulconer, Jr. - Request to waive exam for Masonry license. VII. OLD BUSINESS: VIII. PUBLIC HEARINGS: Patrick L. Farrell - Contesting Citation #1326 issued for working without a contractor's)icense. IX. REPORTS: X. NEXT MEETING DATE: 1/6/2003 FEBRUARY 19, 2003 From: wright_m Sent: Tuesday, January 07, 2003 9:00 AM To: merritt_j; MartinsonKathleen; Maureen K. Kenyon; Minutes and Subject: Revised January 2003 Agenda AGENDA COLLIER COUNTY CONTRACTORS' LICENSING BOARD DATE: January 15,200L~ TIME: 9:00 A.M. W. HARMON TURNER BUILDING (ADMINISTRATION BUILDING) COURTHOUSE COMPLEX MartinsonKathleen 1611 ~,NY 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 THAT TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. I. ROLL CALL II. ADDITIONS OR DELETIONS: III. APPROVAL OF AGENDA: IV. APPROVAL OF MINUTES: DATE: November 20, 2002 V. DISCUSSION: VI. NEW BUSINESS: Adolfo A. Carta - Request to qualify a second company. Paraschiva Valean - Request to waive exam for Tile & Marble license. Michael Faulconer, Jr. - Request to waive exam for Masonry license. VII. OLD BUSINESS: Mihai G. Poppa - Failure to obey order of the Contractors Licensing Board. PUBLIC HEARINGS: Patrick L. Farrell - Contesting Cita.t. ion #1326 issued for working without a contractor's license. IX. REPORTS: X. NEXT MEETING DATE: FEBRUARY 19, 2003 1/7/2003 J Fiala . /, - Halas -----./" -- Hennir~g.----~ ~ -- Coyie ~ ,-. WORKF~~IOU~Jii~L5 ADVISORY COMMITTEE November 18, 2002 Minutes 1611 Members present: David Ellis, Karen Homiak, Larry Keesey, Mark Lindner, Joe Paterno, Essie Serrata, Marlo Valle and Susan Golden Member's absent: Barb Cacchione, Mark Strain Staff present: Commissioner Fiala, Cormac Giblin, Patrick White, Debbie Wight, and Joe Schmitt Guests: Deborah Forester, Vince Cautero Motion by Paterno/Homiak to approve minutes from November 4th meeting approved unanimously. Cormac Giblin provided a review of the November 18th draft document based upon input from Nov. 4th meeting. Section IV Applicability #7 tie development of affordable units to issuance of CO's for 35% of the market rate units. There was extensive discussion of target markets and whether or not the workforce proposals should also target moderate income households. Although for sale units may be difficult to afford for moderate income 'buyers, this income group has more housing options than do the very Iow, and Iow income residents. Section V Developer Benefits #1 add language to show---as long as funds are available. #5 there is currently no prioritization for Certificates of Adequate Public Facilities (COA) but handled strictly on a first come first serve. Cormac was told by Stan Litsinger that if the Board approved a system to prioritize COA's, ranking could be adopted for those developments providing affordable housing on site. The: current draft indicates that providing units on site is mandatory so then all providers would qualify for COA priority, which then gives it little or no value. Vince Cautero suggested that most developers would be interested in the COA if they are building in areas where there are constrained roadways or a moratorium is proposed. Density has had little appeal to developers in the past but may become more valuable to developers as the land becomes more scarce and costs continue to increase dramatically. Joe Schmitt raised a concern about Iow-income families being burdened With~the additional cost of paying for a CDD for the installation of inff, aetr(J~tum, lighting and other amenities. Who will pay for all of the development costs and will Iow income families have to share in these ex enses'~ .. ~ ~!~1/-, ~. C0pie'.; T0: 1611 There was discussion about the workforce housing units being built separately from the "country club" portion of a PUD in order to help keep the cost down for the working families. It was suggested that if we allow the developers flexibility they may come up with designs for an "affordable housing village" with rental or ownership units above storefronts and interspersed within other single family and multifamily developments. It is important to allow the developer options in where to place their required units. Patrick White indicated' that there maybe three (3) different levels of vesting. The Committee decided to remove ~t on page six (6) and in Section X to make the ordinance effective immediately upon adoption. Patrick White reviewed the normal review process with the Development Services Advisory Board, the Planning Commission and BCC. There was also a. discussion of a targeted timetable of early February 2004 for reviewing the draft document in workshops before going to formal hearings. 6. Meeting adjourned at 5:40 p.m. Submitted by, Susan Golden Fiala ~ / ,/- Halas _7,Z'/- · Hennin§__V Coyle y/%~ WORKFO~~U,.q;N~G AD',,",3ORY COMMITTEE December 2, 2002 Minutes 1611 Members present: Barbara CacChione, David Ellis, Karen Homiak, Mark Lindner, Joe Paterno, Essie Serrata, Mario Valle and Susan Golden Members absent: Mark Strain Staff present: Commissioner Fiala, Cormac Giblin, Joe Schmitt, and Patrick White Guests: Vince Cautero, Deborah Forester, Ross Mclntosh Meeting called to order at 3:43 p.m. There were no minutes available from November 18th to review. Commissioner Fiala indicated that she was accepting Barbara C, acchione's resignation effective December 31st due to relocation outside of Collier County. Commissioner Fiala also indicated that she had been receiving phone calls from residents asking that the committee consider identifying areas of the county with an abundance of affordable housing: and that future affordable housing would possibly be excluded from those areas. As neither the Chair nor Vice Chair were available, Karen Homiak was asked to chair the meeting. Karen asked Cormac to provide an update regarding scheduling of workshops and changes to the draft ordinance. Cormac indicated that a workshop on the Workforce Committee's work to date, including Inclusionary Housing and other items, has been scheduled for January 22nd at 9:00 a.m. Mario Valle led the remainder of the discussion as committee chair. Discussion ensued on Section IV Applicability. The committee agreed to remove nursing home language from the Applicability section and put it back into Section VII EXemptions and add the word "licensed" to the phrase. There was a discussion of the 15 year period of time on keeping homes in the affordable housing stock but still provide mechanisms to allow homeowners to make some profit when they sell their home. There was an extensive discussion on a variety of alternative plans tied to restricting the sales price in relationship to median income and other provisions. The committee also discussed the language used in the Montgomery County ordinance to allow for profit in the sale of'moderately priced inclusionary dwellings. Motion Golden/Cacchione to use the language from the Montgomery County ordinance and insert into Section-IV, #3 with modifications. Motion passed unanimously. In Section IV #7 there was a motion by Cacchione/Ellis to insert the word "regular" in th~F~t'ei3f~nits its units CO'd; motion passed unanimously. The 35% regular units CO'd.,.V~,L/l~lt~eq trigger the start of building the moderately priced dwellingt~.q:~ t/_~LJ.,z--.'-"-q~' ~ t/_LLL_I.J.,z-.'-~-I- 1611 o In Section V. Developer's Benefits, #5 there was a discussion that if this is a mandatory ordinance, then all developers will be eligible for prioritization of COA. Patrick White reviewed a typical vesting process and indicated that the owner or petitioner must make a claim that the changes are detrimental and appeal their case to a hearing office or other format. Patrick White suggested that the County might want to consider adopting a new code section to address vesting. In Section VI #1, Joe Schmitt suggested that the committee identify the word "approval" as "approved final development order". In Section VII there was a motion made by Lindner/Serrata to remove mobile home and manufactured homes from the exemptions and insert the word "liCensed" in front of nursing home, assisted care facilities. Motion passed unanimously. After discussion on vesting language in Section VII, there was a motion by Cacchione/Serrata that Patrick White summarize exemptions, vesting language, application deemed sufficient and date of adoption and provide to the committee. Motion passed unanimously. In Section X, the committee also concurred that the effective date of the ordinance would be when the adopted ordinance is filed with the State. Cormac reviewed Larry Keesey's Developer's Option in Lieu language attached on page 4. The committee directed Cormac to use the appropriate language to provide developers with options. If a developer does not build on site, they have options (donate land, pay fee, etc) which need to be more clearly spelled out in the ordinance. Motion by Paterno/Cacchione that developer's will receive additional density and COA if they build the required number of affordable housing units within their development. Motion passed unanimously. 6. Meeting adjourned at 5:50 p.m. Submitted by, Susan Golden o Fiala J ,~ Halas Hennin~ ...... Coyle Coletta WORKFORCE HOUSING ADVISORY COMMITTEE December 16, 2002 Minutes 1611 Members present: David Ellis, Karen Homiak, Larry Keesey, Mark Lindner, Joe Paterno, Essie Serrata, Mark Strain, Marlo Valle and Susan Golden Staff present: Commissioner Fiala, Cormac Giblin, Joe Schmitt, and Patrick White Numerous guests representing the development community and others. The meeting convened at 3:45 p.m. in the Supervisor of Elections office. Patrick White clarified for the record that there were two members of the Collier County Planning Commission present. There was no way to know that one or more members might be present and provide prior notice. Mr. White indicated that the issue under discussion is a legislative matter and that this is a very preliminary discussion forum. Cormac Giblin provided announcements: Workforce Housing Advisory Committee will hold a Workshop with the BCC on January 29th at 9:00 a.m. There is currently one vacancy on the Workforce Housing Advisory Committee for those interested in applying. Copies of the draft Inclusionary Housing Ordinance and some vested rights language were provided. Marlo Valle provided an overview of the process the committee has gone through. He indicated that the draft ordinance was based on the Montgomery County model and other documents the committee reviewed. Cormac indicated that he has spoken with Inclusionary Zoning experts in both Montgomery County, MD and Tallahassee. Motion by Homiak/Serrata to request that the experts come to Collier County if travel money is available; approved unanimously. Cormac continued to provide an overview of the draft document. Regarding the definitions for very Iow and Iow income, Commissioner Fiala requested information on the specific dollar amount that meets the very Iow and Iow-income guidelines. The specific income guidelines were not available but it was determined to be approximately $55,000. for a family of four (4). The exact figures based on family size will be provided at the next meeting. Cormac reviewed the resale provisions in the current draft. Some resale provisions need to be included to insure that the first buyers who sell their homes do not make a huge windfall and price the unit out of the affordable market. He indicated that Jamie Ross (Tallahassee) had reviewed the draft and suggested that we change the phrase in Section IV 3 (b) "control period" to "affordability period". Based a upon question from the audience, C(~mmissiQF~er Fiala provided an overview of the formation of the Workforce Housing Advis__oryiColrnmittee and the benefits to the business community and its employ~, [~r/q~li~ indicated that one of the benefits of Inclusionary Housing is that ~W~II dislSer~e ~vorkforce Co~ies To: 1611 o housing throughout the community. Mario also provided a brief summary of the Lee County housing study and the lost economic opportunities due to a lack of affordable housing. Fred Thomas spoke briefly about the need to address the lack of workforce housing for teachers, nurses, deputies and others in the community. Al Zichella of WCI indicated that he had done research online and had information to share from the Brookings Institute on the Montgomery County inclusionary zoning ordinance and attempts in California that he said had failed. Ross Mclntosh asked if any agency is maintaining information on the number of people who are qualified to buy but can't find any housing in their price range. He questioned the need for more information and documentation to show that there is a demand and that if developers build workforce units a market does exist to support this. Joe Schmitt raised issues for the committee to consider including whether or not there were provisions to assist individuals who do not fall within the very Iow or Iow-income definitions; he raised concerns about the County becoming involved in housing management; he also addressed the waiver of impact fees and indicated that if building permit fees are waived for the workforce housing units, money would need to be earmarked from the general fund or another source to provide for the operation of Development Services. Cormac Giblin indicated that he spoke with the Montgomery County Maryland staff and approximately 200 to 240 units are produced each year through their inclusionary zoning ordinance and that approximately 1,500 people are on the waiting list. Montgomery County provides 2 ~ staff persons to administer the IZO process. Mike Timmerman from Feasinomios raised questions about what the workforce buyer wants and then letting the market provide for their needs. Mr. Timmerman indicated that both high end and affordable housing have an impact on the transportation network as well as other services in the community. Tim Hancock raised a question about whether or not I in 7 families is at or below 80% of median income. No one had the specific census data with them but it will be provided at the January meeting. Mr. Hancock argued that the service sector is not necessarily stable and interested in ownership as there is a transient nature to the service industry. He suggested that any production of affordable housing should be a public/private partnership. Bruce Anderson raised questions about the buy-out provisions and additional density. He said the current language says the County "may allow" and that does not provide assurance that the county will automatically provide the additional workforce units. With regards to density, Mr. Anderson, suggested that a review of the adjacent properties and a compatibility test would be more appropriate. As written, the draft ordinance gives away the right of existing residents to object to an increase in density. Bruce also suggested that an affordable housing impact fee placed in a trust fund could become a source of loans for families. It was also suggested that the vesting language needs to be made clearer and that the County use the existing PUD sunsetting provisions. Mr. Anderson also suggested that the County should use general revenue fund to pay for impact fees for the affordable housing units. Vince Cautero suggested that a linkage fee or an affordable housing impact fee should be recommended to the BCC, Those funds could then be used to pay impact fees for qualified buyers. Mike Timmerman suggested that there needs to be incentives to purchase including more waiving of the "unaffordable impact fees". He also suggested that the Committee look at cluster housing to reduce infrastructure and transportation costs. Al Zichella supports the rezoning agricultural lands to create affordable housing commUnities. Mr. Zichella raised concerns about enacting the IHO before developing other mechanisms (affordable housing impact fees, linkage fees, community land trust, nonprofit housing development corporation, etc) to address the need for workforce housing. Deborah Forester suggested that the Workforce Committee provide those in attendance with an email list of the other potential resources in the workforce housing toolbox so that the greater community understands that the committee is looking at additional options. She also suggested that we not rely solely on an affordable housing impact fee because that only addresses current need and not the past demand for workforce housing that the County has ignored. Additional suggestions included approaching the Army Corps of Engineers and get an area wide permit to develop lots in Golden Gate Estates. There was a discussion about the urban fringe, TDR's and the need to create an "affordable housing village". Tim Hancock asked the committee to identify the true need and provide the number of people under 80% of median income that could qualify for home ownership. Marcie Krumbine, Collier County Extension Service/Loan Consortium, said that between the families she prequalifies and the assistance the SHIP program provides, there are 300 to 500 families each year that qualify for homeownership. Marcie said that many of these are families who would not consider the $119,000 condos discussed previously because of condo restrictions and the problems that posses for families with children. Bob Pearson said that the $17,000 in impact fees affects hundreds of potential homebuyers who can no longer qualify to buy homes as a result of the penalizing impact of these fees. These impact fees allow the County to maintain the lowest property taxes. Future meetings have been set for January 6th and 13th. Meeting adjourned at 5:40 p.m. NOTICE OF SPECIAL MEETING & AGENDA MONDAY, JANUARY 6, 2003 7:00 P.M. County Commission Meeting Room Turner Building (Building F), Third Floor Collier County Government Center, 3301 Tamiami Trail East Naples, Florida 34112 NOTICES ** Public comments will be limited to 5 minutes unless permission for additional time is granted by the Chairman. 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) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. *************************************************** AGENDA I. 7:00 P.M. Meeting called to order and determination of quorum. II. Approval of minutes of the December 9, 2002 meeting. IlL Determination of excusal of absences. IV. Old Business None V. New Business A. Proposed Human Relations Advisory Board. B. The future of the Hispanic Affairs Advisory Board. Vision: (goals and objectives) Duties and responsibilities of Board Members. C. Educational Workshops: VI. Public Comments. a. U.S. Hispanic Leadership Institute (Grassroots Development Program by Carlos Aviles) Collier County Library teaching English to I-titanic ~ommunity program (Alina Portuondo) VI. Meeting Adjourns. Iq/Ramiro/HAAB/Special Meeting .lan. 6, 2003 INFO Halas Henning Coyle Collier County Communication and Customer Relations 3301 East Tamiami Trail Naples, FL 34112 239-774-8999 Contact: PAGE 01/01 16ll Lavah Hetzal Communication and Customer Relations Specialist 774.8373 FOR IMMEDIATE, RELE .ASE BAYSHORE/GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD REGULAR MEETING Wednesday, January 8, 6:00 p.m. Community Development & Environment~,l Services 2g00 North Horseshoe Dr. Conference Room E 1. Roll Call 2. Adoption of Agenda 3. Minutes 4. Annotmcemcnts New Staff Hand-Out 5. Old Business a. Mini-Triangle Catalyst Project Update b. Grant Program Update c. Scope of Services for Creation of a Comprehensive Zoning Overlay Plan d. Open Forum to Discuss Various Old Business Items: Davis Blvd, Lighting, Bel-Air Motel Prop~rty, Art Festival, Development Activity with/.n the CR~ D/strict, Organizational Structure, Bonding · 6. New Business a. Gulfgate Plaza: Recent Activity and Treatment within the Redevelopment Plan b. Phase II Bayshore Drive Mixed. Use Zoning Overlay 7. Citizen Comments 8. Set Next Meeting Date (Tentatively Scheduled for February 5, 2003) 9. Adjournment NaM; All meetings arepublicly noticed in the W. Harmon Turner Bulldin (Administration BufldinE F) and on the CRA w~bsite. Please call Thomas Tomerlln, Principal Planner, at (239) 659-$7S2 if you have an~ q.estlons about the meet'lng. l~kaccord_at~ct ~ith the Amarlcnns }vlth Disa~_ilities ,4ct, persons needing assistance to participate in any of these proceedlngs should contact oma, .t omenln al ttta,~t 48 hottrs prlor to tl~e meeting. Fiala /.///)-" - Halas - ~/~ Henning-"~ ,~/' ' -- . C°yle ---'T-/~'--~ I 7 t 'eTt d Hoc Landscaping Beautification Committee Transportation Operations Department 2705 Horseshoe Drive South Naples FL 34104 SUMMARY OF MOTIONS & MINUTES December 11 2002 Iil. Approval of Minutes: October 9, 2002 Jim O'Gara moved to approve minutes of October 9, 2002. Seconded Bill Poteet. Carried Unanimously 4-0. IV. Transportation Services: There is no funding for a conceptual plan. Sarah Clarke, FDOT, noted it would be easer for the County to contract wit someone handworks with Carter Burgess then to have FOOT do an amendment and find funding. Tom Collins moved to ask FDOT and County staff prepare a detailed summary list for identiying the recommendations for their consideration. Also identity the things they may need for design consultation, Seconded Bill Poteet. Carried unanimously 4.0. Tom Collins moved to get an estimate from Mike McGee by the next meeting for Hardscape coordination. Seconded Jim O'Gara. Carried unanimously 4-0. Vm Old Business: A. Grants - Madene Foord presented a particular grant the committee may want to apply for. Bill Poteet moved to pursue submitting a proposal for the "Active Living y Design" grants application for funding up topS200,000. Seconded Tom Collins. Carried unanimously 44). Committee Membership Status: - There have been two resignations since the last meeting. Nancy Simion and Mayor Bonnie MacKenzie. Pam explained to the Committee the status of the committee after contacting the County Attorney and Sue Filsons office. The committee was formed through a resolution, different from an MSTU. The City has to appoint two members. They have been contacted with no response. The committee needs 4 members present at a meeting to constitute a quorum. Tom Collins moved to have Pam check on the status of reconstituting (downsizing) the committee with the County Attorneys Office. Seconded Jim O'Gara. Carried unanimously 4-0. Tom amended his motion to have staff seek determination from the County Attorneys office whether the committee can be reconstituted, and if sO, to make a recommendation to the Board of County commissioners that they reconstitute the com;~'~Cte~e~.ing it easier to obtain a quorum. Seconded Bill Poteet. Jim O'Gara agreed~.*'' '~' ':~" ' After some discussion, carried unanimously 4-0. i Date:~/1!/~ 1-751Golden Gate Ad Hoc Landscaping Beautification Committee Transportation Operations Department 2705 Horseshoe Drive South Naples FL 34104 January 15, 2003 AGENDA CAI.I. MEETING TO ORDER: ATTENDANCE: APPROVAL OF MINUTES: December 11, 2002 TRANSPORTATION SERVICES REPORT: OLD BUSINESS: A. Grants B. Committee Membership Status NEW BUSINESS: VII. PUBLIC COMMENTS: VIH. ADJOURNMENT: This meeting will be keld at I0:30,4M, JanuarF 15, 2003 Board of County Commissioners Meeting Room Turner Building, Bldg. F, 3~ Floor Naples, FL 1-75/Golden Gate Ad Hoc Landscaping Beautification Committee Transportation Operations Department 2705 Horseshoe Drive South Naples FL 34104 December 1t, 2002 III. Al Moore called the meeting to order at 10:3~ AM. ATTENDANCE: A. City of Naples: None B. Golden Gate Civic Organization: Bill Poteet, Jim O'Gara C. Unincorporated Collier County: Al Moore, Thomas Collins II, Mark Morton (absent) D. Collier County: Para Lulich- Landscape Operations E. Others: Sarah Clarke-FOOT, Mariene Foord-Grants, Sue Chapin-Manpower Services Approval of Minutes: October 9, 2002 Jim O'Gara moved to approve the minutes of October 9, 2002. Seconded Bill Poteet. Carried Unanimously 4-0. TRANSPORTATION: A. FOOT Funding Pam checked with FDOT for funding for a conceptual plan. There is no FOOT funding for the conceptual plan for landscape buffer. She had been talking with Sarah Clarke, FOOT, to review the status of the project. They considered the $95,000 that the Board approved for the lower portion of the bridge to include paint and details to the pier. A portion of it could possibly be used for design fees, which would address the coordination of the Committee's design decisions. FOOT and Collier County Transportation will determine the remaining design se~ices, which are needed to coordinate decorative elements of the bddge in the construction document. These items would not be included in Carter Burgess' work. Sarah Clarke noted that it would be easier for the County to contract with someone and work with Carter Burgess then to have FDOT do an amendment and find funding. Sarah Clarke - FOOT -they are putting everything they discussed, prior to the committee going to the Board in their design plans. When Transportation Operations went to the Board, the Committee received $100,000 for decorative elements to the mesh and an additional $95,000 for the lower portion of the bridge structure. The project has been awarded a $134,000 reimbursable grant, which is programmed for 2007/2008. This award is to be used for additional hardscape and decorative elements on the fence. Sarah Clarke's outline includes the design items which are included in FDOT's contract. This includes: - decorative treatment on the Bridge median - decorative light poles on the Bddge - some decoration on the Bddge columns - pavers on the sidewalk on the Bridge - paint the underside - (Possible) Any kind of design work for additional monies set aside - there is no funding or contract. Any kind of design work for additional monies set aside - there is no funding or contract. Para said they may be missing the decorative mesh with decorative lighting and treatment of the front of bddge, selection of color, any decorative elements or inserts. The Airport-Grade Separation Project and the Intemhange project need to be coordinated. The 1-75 Interchange project design schedule is ahead of the Airport grade separation design. This all needs to be incorporated into the plans and part of the FDOT construction. Sarah said items like color can be included before they mail it all to Tallahassee. Pam stated that details may need to be done to coordinate the additional items. The $100,000, which became $135,000, is for the upper portion of the bddge and the lower portion is the $95,000. - Texturing bridge pier column and beams- $70,656 - Painting under the bridge or texturing and painting - $24,378 - Total estimate = $95,000 They discussed what may have been or may not have been in the plans. Pam read from a handout prepared on the different items and costs. They discussed texturing or painting under the bridge. Tom Collins asked for a list of things that need recommendations and to identify those items that will require design consultation. He feels they need an outline to facilitate making recommendations. Pam & Sarah will work on that together. They will also check with Mike McGee. Pam will get provide the Golden Gate Landscape Budget at the next meeting. She will also ask Mike McGee for an estimate on scope of services and include what is missing in the proposal. Tom moved to ask FDOT and County staff prepare a detailed summary list for identifying the recommendations for their consideration. Also identify the things they may need for design consultation. Seconded Bill Poteet. Carried unanimously 4-0. Pam asked Sarah about the final plan dates. Sarah said that plans need to be developed in order to spend the $95,000 and $134,000. They have not determined how they are going to enter into a design contract at this time. If it is done into their plans it would have to be a supplement into Carter Burgess' contract and she doesn't feel they can do that at this time. In speaking with Ed Kant, if the County can enter a contract directly with Mike McGee rather than through FDOT, the County would have more control and get things done at a better pdce. Sarah said the $134,000 is not available for the current risc, al year for design due to the fact it has just been programmed for the 2007/08 fiscal year. If the County chose to advance the money, they can, but they can't enter into an agreement until July 1st when the new work program is adopted. Tom stated Landscape is further out, so maybe they should think about getting the consulting work done on hardscape dght now, which could be less costly, and get a Master Plan for the Landscape since they have more time. 2 Al said they are trying to get a Master Plan together to present to other entities for funding. The whole hardscape and landscape package needs to be put together. Tom said the committee may not be in existence beyond next summer, so would be nice to have as soon as they can for it to be useful. Sarah needs to check if they are still on schedule for September for final plans to be mailed to Tallahassee to give the Committee some time frames. Pam reminded the committee she had asked Marlene to come up with some ideas on grant monies for a Master Plan. Al Moore felt it would be a good idea to use part of the $95,000 for the Hardscape coordination before final plans. Pam would prepare an Executive Summary for the Board of County Commissioners. Tom moved to get an estimate from Mike McGee by the next meeting for Hardscape coordination. Seconded Jim O'Gara. Carried unanimously 4-0. OLD BUSINESS: A. Grants - Marlene Foord - County Grants Coordinator - at the last meeting she passed out a table on grants available. She updated the Recreational Trails Program. The deadline is January and would start in August or September with usage of the funds in the fall of that year. It is a two-year grant program. The time pedod is very short - 1-2 years. The Master Plan would have to be done and complete the project based on the Master Plan in that time period. She found one "Active Living by Design" through the Robert Wood Johnson Foundation - one of the biggest non-profit foundations that funds grants related to health. Active Living means they want to see people walking, biking, improving health through outdoor living. They provide up to $200,000 - the first year they give up to $75,000 for planning and development work. Part of that could be used for the Master Plan. Over the next 4 years - they will give additional payments up to $200,000 to complete. It may be possible match money for additional grants. They go through 4 strategies, which are: 1) Create and maintain a partnership - among representatives of the health field. 2) Increase access to and availability of diverse opportunities for active living. 3) Eliminate design and policy barriers that reduce choices for active living. 4) Develop Communications programs that create awareness and benefits of active living. She covered the different areas this grant could cover with the project. She feels this could be an opportunity to look at if they pulled some pieces together. They need a brief proposal by the end of January. If accepted they would be invited back to go through an interview process. Funding would be made available next fall. The final deadline is May 23rd for the full proposal. She is attending a teleconference for something else and could look into this for the Committee. Jim O'Gara wondered if this has ever been done for a highway project. She is not certain. 1611 A lengthy Discussion followed on the different aspects of fitting this into certain categories for this particular grant. Al Moore would help her with details if need be. He didn~ feel they had a lot of time if they are going to make a preliminary proposal. Bill Poteet moved to pursue submitting a proposal for the "Active Living by Design" grants application for funding up to $200,000. Seconded Tom Collins. Carried unanimously 4-0. B. Schedule Update - discussed at the last meeting and earlier in the meeting. Pam discussed the meeting schedule. The next meeting is January 15th at 10:30 AM. They will be shadng the reom and set up in the back area of the reom. She has scheduled meetings on a monthly basis but can be changed to every other month if the committee so chooses. She handed out the schedule at the last meeting with dates. The committee felt they need to meet on a regular basis once a month since they are Iooldng at pursuing grants etc. They need to accomplish some of the issues they have been discussing. C. Committee Membership Status - There have been two resignations since the last meeting, Nancy Simion and Mayor Bonnie MacKenzie. Pam contacted the County Attorneys' office and Sue Filson for getting replacements for Gary Galleberg and Bonnie MacKenzie. This committee was formed through a resolution and different than an MSTU. The County wouldn't advertise for a replacement. They specify in the resolution that the voting member be from the City of Naples or recommended by the City Council. The City has to appoint two more members. They have been contacted and do not necessarily have to appoint anyone. Para has not received a response from them. The committee needs to have 4 members present to constitute a quorum and will need to be committed to attending. She knows it makes it is difficult at times. The question was asked if the committee could be reconstituted. Pam does not know. Bill Poteet felt the City became dissatisfied with the County over the Airport Road, and the Golden Gate Parkway Interchange where they were not part of the process on decision making and basically now feel - if the County didn't want them to be involved in those intersections, why should they be involved in this project which is further out into the County. He doesn't support the philosophy but that is the rumor he heard and doesn't feel the city is going to replace the positions. He was sure the committee members could find individuals living in the city limits and ask the City to appoint them. Tom Collins moved to have Pam check on the status of reconstituting (downsizing) the committee with the County Attorney's Office. Seconded Jim O'Gara. Carried Unanimously 4-0. Discussion followed. 4 Tom amended his motion to have staff seek determination from the County Attorneys office whether the committee can be reconstituted, and if so, to make a recommendation to the Board of County Commissioners that they reconstitute the committee making it easier to obtain a quorum. Seconded Bill Poteet. Jim O'Gara agreed. Al Moore had a problem with it in that if there is someone in the City government that doesn't feel the same way; they have done something without their knowledge. He feels it should be communicated to them that this is the direction the committee is taking. Jim felt it was up to the BCC on how they wanted to pursue the situation, but that the committee wants to clearly make their frustrations known that it is difficult for the committee because of the vacancies. Motion carried unanimously 4-0. Pam gave the committee a handout (attached). Tom Collins moved to adjourn. Seconded Jim O'Gara. Meeting was adjourned at 11:35 AM. 1611 i611 *,ml ,.= ~ o o 1611 !611 Fiala J Coyle ,__ v' / - ¢oletta _ ~ ,./ - COl,l,! ER COUNTY GOVERNMENT Pelican Bay Services Division 801 Laurel Oak Drive · Suite 605 · Naples, Florida 34108 · (239) 597-1749 · Fax (239) 597-4502 NOTICE OF PUBLIC MEETING NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE PELICAN BAY SERVICES DIVISION BOARD AT THE HAMMOCK OAK CENTER, 8962 HAMMOCK OAK DRIVE, NAPLES, FLORIDA 34108 ON THURSDAY, JANUARY 9, 2002 at 3:00 P.M. AGENDA 1. Roll Call 2. Approval of the Minutes of the December 4, 2002 Regular Meeting 3. Discussion of the Amendment to Pelican Bay Municipal Service Taxing and Benefit Unit Ordinance 2002-27' 4. Discussion regarding the use of Ad Valorem Taxes versus a Special Assessment based on Equivalent Residential Unit (ERU) in paying for the services provided by the Pelican Bay Services Division 5. Sub-committee Reports Clam Bay Sub-Committee Clam Bay Annual Monitoring & Improvement Schedule Current Improvement Program Hydrodynamic & Water Level Monitoring Dune Restoration Interior Channel Mapping Seagate Culverts Beach Renourishment Project 6. Administrator's Report Capital Projects U.S. 41 Berm Irrigation & Landscape Improvements U.S. 41 Median Landscaping Bid Review Community Issues Sidewalk Overlays and Repairs Crosswalks Pelican Bay Services Division Board Member Election Timetable Contract Manager Services Sunshine Law/Ethics/Public Records Workshop Presentation Discussion of Cap d'Antibes Plans 7. Committee Requests Foundation Survey - James Carroll Division of Responsibilities - James Carroll 8. Financial Statement Review 9. Audience Participation 10. Adjourn ADDITIONALLY, THIS NOTICE ADVISES THAT, IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE PELICAN BAY SERVICES DIVISION BOARD, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE WILL NEED A RECORD OF THE PROCEEDINGS AND THAT FOR SUCH PURPOSE, HE MAY NEED TiOi:~UR~:THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD/INCJ_UDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS T~,B,,,E~[~I~¢)~ ~kNY PERSON REQUIRING SPECIAL ACCOMMODATIONS AT THIS MEETI~eI~,~J~z~LJ~ A DISABILITY OR PHYSICAL IMPAIRMENT SHOULD CONTACT THE DIVISION OFFICE AT (239) 597-1749 AT LEAST FIVE CALENDAR DAYS PRIOR TO THE ME~,~k~G. I I 1611 MINUTES PELICAN BAY SERVICES DIVISION BOARD MEETING December 4, 2002 Naples, Florida LET IT BE KNOWN, that the Pelican Bay Services Division Board met in Regular Session on this date, December 4, 2002 at 3:00 P.M at Hammock Oak Center, 8962 Hammock Oak Drive, Naples, Florida 34108 with the following members present: Mr. Lou Vlasho (Chairman) (Absent) Mr. Joseph Bawduniak Mr. Thomas Brown Mr. James Burke (Absent) Mr. James Carroll Mr. John Domenie Mr. Glen Harrell (Absent) Mr. David Roellig Mr. Edward Staros Mr. Christopher Sutphin Mr. George Werner ALSO PRESENT: Approximately eleven (11) Pelican Bay residents; Mr. Tim Hall and Ms. Kara Cave, Turrell & Associates; Mr. Marty Roessler, Mangrove expert; Mr. Ken Humiston, Humiston & Moore; Mr. Kyle Kinney, President, Pelican Bay Foundation; Mr. Kyle Lukasz, Field Manager, Pelican Bay Services Division; Mr. James P. Ward, Division Administrator, Pelican Bay Services Division and Mrs. Barbara Smith, Recording Secretary. AGENDA 1. Roll Call 2. Approval of the Minutes of the November 6, 2002 Regular Meeting 3. Presentation of the Clam Bay Annual Monitoring Report 4. Sub-committee Reports Clam Bay Sub-Committee Clam Bay Annual Monitoring & Improvement Schedule Current Improvements Hydrodynamic & Water Level Monitoring Dune Restoration Interior Channel Mapping - Seagate Culverts - Beach Renourishment Project Vanderbilt Lagoon Restoration Project 5. Administrator's Report Capital Projects Gulf Park Drive to Pelican Bay Boulevard (North Entrance) Irrigation & Landscape Improvements U.S. 41 Berm Irrigation & Landscape Improvements - Community Issues - Sidewalk Overlays and Repairs - Crosswalks - U.S. 41 Median Landscaping - Pelican Bay Services Division Board Member Election Timetable 6. Financial Statement Review 7. Foundation Survey- James Carroll 8. Discussion regarding the use of Ad Valorem Taxes versus a Special Assessment based on Equivalent Residential Unit (ERU) in paying for the services provided by the Pelican Bay Services Division 9. Audience Participation 10. Committee Requests 5O62 Pelican Bay Services Division Board December 4, 2002 1611 11. Adjourn ROLL CALL Mr. Carroll called the meeting to order and asked that the record show Messrs. Jim Burke, Glen Harrell and Lou Vlasho with excused absences. APPROVAL OF THE MINUTES OF THE NOVEMBER 6~ 2002 REGULAR MEETING Mr. Werner stated, "Unfortunately I missed the last meeting, but I do want to comment on the persistence with which the Ordinance change was pursued". I would like to thank Mr. Bawduniak and Mr. Vlasho for their persistence in going after Mr. Weigel and Mr. Pires to get the Ordinance to say what it was supposed to say. Mr. Carroll replied, "We all felt about the same". Mr. Ward, have you heard anything further from our legal advisors"? Mr. Ward replied, "The last conversation I had with the County Attorney was about two weeks ago, at which time he indicated to me that both he and the Clerk's office still had significant concerns with respect to making any language changes whatsoever". I chimed in the same way that the Board did and told him what we wanted, but I have not heard anything since that time. Mr. Carroll stated, '~/Ve did say in the Minutes that time was of the essence because we are about to start the selection process". I would suggest that you pursue that. Mr. Ward replied, "With the Board's permission, we can force it to the Board of County Commissioners at this point". I think what would be appropriate is for you, in the form of a motion, to authorize me to submit the amendment directly to the Board of County Commissioners on your behalf. Mr. Carroll asked, "Mr. Ward have you talked to Mr. Brock about this issue"? Mr. Ward replied, "1 have not talked to Mr. Brock directly, but I have talked to Mr. Pires a number of times about the issue". I believe they are baffled as to what to do and my language is a little too broad for them, but it works. Let's submit it and see what happens. If they can't come up with better language and if the Board doesn't want to approve it, we will know at that point, but at least let's get it on the table for discussion. 5063 Pelican Bay Services Division Board December 4, 2002 1611 Mr. Bawduniak stated, "You may recall that before Mr. Weigel left our meeting he indicated that he would be in touch with each of us individually". I have not been contacted, but has anybody from this Board been contacted? The reply from the Board was that no one has received a call from Mr. Weigel. Mr. Roellig stated, "Page 5026, fourth line from the top, the word "holes" should be changed to "holds". PRESENTATION OF THE CLAM BAY ANNUAL MONITORING REPORT Mr. Ward explained, "As a way of some background for those of you that are new, each year we have an Annual Monitoring Report that is required to be submitted to the regulatory agencies pursuant to our Clam Bay Restoration Permits". That Report, along with a status of the project, where we have been and what the plan or program is for the ensuing calendar year is what you are going to see today. Mr. Hall with the firm of Turrell & Associates will be the person responsible for making the presentation, along with Marty Roessler, a mangrove expert, who was hired by Mr. Turrell. Mr. Ward continued, "As a part of the process, the Seagate flap gates have been removed and Mr. Hall is going to go over the proposal submitted by Humiston & Moore to provide an analysis of the data from the removal of those flap gates". Mr. Hall provided a very detailed Power Point Presentation of the Clam Bay Restoration and Management Project Status and Biological Monitoring Reports for 2002. Mr. Staros asked, "When the readings for Nitrates and Orthophosphates are being taken, is there any data as to the time of the last major rainfall"? If you took the readings three hours 5O64 Pelican Bay Services Division Board December 4, 2002 !611 after a major rainfall you are obviously going to have a different reading than three hours before any major rainfall. Mr. Hall replied, "The data is available for when the readings are taken and for when all of the rain occurs". What we don't have to correlate that through, is when the actual fertilizer applications were made and how they relate to one another. Mr. Bawduniak stated, "In Plot 11 there appear to be shoots coming back from the dead trunks". Do we know why and have we seen this phenomena any place else that there has been a lighting strike? Is this something to expect, or is it a pleasant surprise that we are getting shoot re-growth? Mr. Hall replied, "The trunks of the trees in the lightening strike area are all dead". What we are seeing is root shoots coming out from the base of the trunk, which is a natural phenomenon. This growth is not a surprise and one of the things we are monitoring is how well those trees are able to recover. In a perfect world, one of those shoots will take over and become the new main trunk, off of the old root system. Mr. Hall stated, "In conclusion, the overview for 2002 is that all efforts undertaken to stop and reverse the die-off appear thus far to have been successful". Continued efforts are still needed to incontrovertibly reverse the die-off. The outlook for 2003 and beyond is optimistic and indications are that substantial portions of the system may be on the road to recovery. Mr. Werner asked, "Are there four water quality monitoring stations east of the berm"? Mr. Hall replied, "Yes, that is what is included in the Report". Mr. Werner stated, "It was reported that possibly the Nitrates and Orthophosphates may have increased because of additional development". The area where the water quality monitoring stations are located in an older portion of Pelican Bay, where there has been no additional development over the past ten years. I don't think that increase can be blamed on additional development. Mr. Sutphin stated, '~Vhen you presented the slide on the dredging you showed the design parameters, with the actual being very close to what you had expected". In the 5O65 Pelican Bay Services Division Board December- 4, 2002 measurements of the volume and time dimension, were there design objectives to that or did you just figure that by dredging that it would get better and it did? Mr. Humiston replied, "Mr. Tackney, in the early analysis of the system, had made some projections of what the results of the dredging might be". Some changes were made and the scope of the dredging was increased somewhat when we did the actual work and the monitoring afterwards shows that the changes actually exceeded the projections that were made. Mr. Domenie stated, "We have the starter plots, the Turrell and Lewis monitoring, the Riley and the Conservancy monitoring". Would it be possible to show with dotted lines how many trees and of what height they were last year, to give us an immediate comparison? Mr. Hall replied, "It would be possible to do that''. Our office bases our estimations on the diameter of the trunk, rather than the height of the tree". Mr. Lewis uses the actual height of the tree. The Lewis Report, in its' entirety, is not included in the Report that you have. They have this year's data and last year's data presented separately, so that you could do a side-by-side comparison. From our standpoint this is something that we could potentially add in the future to show the differences in the trees and size categories from one year to the other. Mr. Domenie stated, "There is a sentence that reads, "This area seems to have started with a lighting strike and spread slightly in the last year". Is that spread due to the beetles and fungal growth? What would cause that area to grow in size? Mr. Hall replied, "It appears that the beetle infestation is kind of the coup de grace for a lot of those trees". They get stressed to the point where the beetles are able to get in and become established, which prevents the tree from being able to recover. The actual number of dead trees in that area appears to have gotten larger, whereas the overall area of stress still appears to be the same size. Mr. Domenie stated, ''We are responsible for the area west of the berm and the Foundation and the individual buildings are responsible for areas east of the berm". Is there any way you feel that we could reduce the flow of Orthophosphates and Nitrates into the system by placing certain restrictions on the use of the products that are being used? This was discussed at one time, but I don't believe anything was ever implemented. 5O66 Pelican Bay Services Division Board December 4, 2002 Mr. Hall replied, "There is a pilot program in place that may potentially be offered to some of the associations that takes a look at the contributing factors that the association may be responsible for putting into the system". There is no requirement that they have to do any kind of assessment or that they would have to follow any of the recommendations that may be made. Mr. Domenie stated, "That requirement would have to come from the Foundation and not from the Pelican Bay Services Division". Mr. Hall stated, "1 do believe that any reduction in the nutrient loading that is going into the system will benefit the system". The uncontrollable cattail growth and duckweed are indicators of high levels of nutrients. If we can decrease or get rid of a lot of the nutrients going into the system, we could potentially decrease the growth rate of some of the nuisance vegetation. SUB-COMMITTEE REPORT,~ CLAM BAY SUB-COMMITTEE CLAM BAY ANNUAL MONITORING AND IMPROVEMENT SCHEDULI- Mr. Roellig reported that the Monitoring and Improvement Schedule has been well covered during the presentation of the Annual Monitoring Report. CURRENT IMPROVEMENTS HYDRODYNAMIC & WATER LEVEL MONITORINC Mr. Roellig reported that the hydrographic and water level monitoring is underway. DUNE RESTORATION Mr. Roellig reported, "Our portion of the dune restoration has been concluded". Mr. Roellig stated, "1 have mentioned in the past about looking down the road a year or two to a larger more county-wide beach renourishment". I have gotten assurances that the County is including the entire shoreline, including Pelican Bay, in their permit application. I know Mr. Lukasz has done a lot of coordination to be able to get the sand that is currently being placed on the beach for the Foundation because the County had some concerns about piggybacking onto the contract, but that has all been resolved. VANDERBILT LAGOON RESTORATION PROJECT 5067 Pelican Bay Services Division Board December 4, 2002 !61t Mr. Roellig stated, "1 have not heard any feedback on the letter to the County from Mr. Vlasho". Mr. Ward stated, "The way it was left at the last meeting is that this Board wanted to see the final draft before it had been sent". The letter enclosed in your Agenda Package is the final draft and if it is approved by you, that is what will be sent. Mr. Bawduniak asked, "How many cubes to the ton of sand are we getting"? Mr. Roellig replied, "A rule of thumb is that a cubic yard of sand is approximately a ton and one half". The problem we have is how wet or dry the sand is. The sand is being purchased by the ton. Mr. Bawduniak stated, "It runs 3-1/2 tons per foot on the average and I wondered what that converted to in volume". Mr. Hall replied, '~Ne actually worked it out and it turns out to be 1.3 tons per cube". PROPOSAL FOR THE EVALUATION OF THE SEAGATE CULVERT DATA Mr. Ward explained, "Normally I would just proceed forward with this, but you had indicated that you wanted this processed through your Board. Since Mr. Humiston is in the audience, I will put him on the hot seat and let him defend his own Proposal. Mr. Humiston explained that there has been an ongoing debate about whether or not the valves should be removed from the Seagate culverts. Mr. Lukasz has asked us on a number of occasions for a recommendation, which we have been reluctant to provide because it is a very complicated and dynamic system the way it is interconnected through the culverts and Clam Pass as well. The Proposal that we have provided to you is to do the work that we feel needs to be done in order to make a firm recommendation as to whether or not the valves should or should not be in place and to be able to generate a report back to this Board. There are a number of tasks that need to be done in order to do that and there is quite a bit of data. Mr. Lukasz's staff 5O68 Pelican Bay Services Division Board December 4, 2002 has collected water elevations and velocity data, both before and after the valves had been removed. That data has been collected on a complete tidal cycle for both the spring and neap tide conditions. This is a lot of data and, in addition to that, once all of that data has been analyzed, we want to correlate it with the flow coming through the inlet. There are some analytical tools that are available for analyzing the equilibrium cross-section of an inlet to see whether or not the flow through the culverts diverts enough of the tidal prism from the bay system to adversely affect the natural stability of the inlet. We don't think that is the case, but we now have the data that can be analyzed and a recommendation can be made from that analysis. Mr. Carroll asked, "VVhen would you have something"? Mr. Humiston replied, '~A/e have all of the data and could probably produce a report within ninety days". Mr. Brown asked, "Did you recommend the flap gates"? Mr. Humiston replied, "No, that was a recommendation that was made by Mr. Tackney before we were involved in the project". Mr. Tackney was the engineer involved in the overall Clam Bay Management Plan. Mr. Werner stated, "This appears to me to be just a waste of money". Mr. Humiston was unenthusiastic about putting the flap gates on to begin with. Mr. Humiston replied, "Mr. Tackney did an analysis and his recommendation was based on that analysis". Our feeling, when we became involved Jn this project, was that the dredging of the inlet was going to make some very significant changes in the flow through the system. We felt it would be better to complete the dredging and see how that would improve the flow in the system and at that time evaluate the culverts to see whether or not the valves would be appropriate. Mr. Werner stated, "1 don't think this work is necessary, unless Mr. Ward can put it in layman's terms as to why he feels it is necessary". Mr. Ward replied, "Mr. Hall put it very eloquently to me privately and that was that the analysis will conclusively determine whether the flap gates are good or bad and whether to put them back on or to leave them off'. 5069 Pelican Bay Services Division Board December 4, 2002 Mr. Carroll asked, "Mr. Ward, are you suggesting that we proceed"? Mr. Ward replied, "If you want to make the determination conclusively that the Seagate flap gates ought to be on or off, this is the report that will provide you that information". If we want to leave it as an open item, it will remain as an open item. Mr. Roellig stated, '~/Ve have the data and we should at least make some type of analysis of the data we have". After that analysis we can decide whether or not to go to the next step. If the data shows that there is a significant difference we can look at that and then move forward. Since we have collected the data, at least a small portion of the work could be accomplished. Mr. Sutphin stated, "One of the pictures showed flow through the culverts and wasn't that what we wanted to achieve by removing the valves"? Mr. Hall replied, "Yes, we wanted to get flow through there, but we also want to ensure that the velocity of the flow going to the south is not high enough to adversely affect the pass". Mr. Sutphin asked, '~/ould the analysis of this data provide us with that information"? Mr. Hall replied in the affirmative. This Proposal is meant to determine how the flows through those culverts affect the pass. Mr. Sutphin asked, "If the conclusion is that the flow is too great, the valves go back on, is that what this is about"? Mr. Hall replied, "Then most likely the valves would go back on". However, if the flap gates do have to go back on I would recommend not replacing the valves that were used previously because they did not allow sufficient flow. Mr. Sutphin asked, '~,Vould we then spend more money for different valves"? Mr. Hall replied, "Possibly". Mr. Werner stated, "The purpose of the valves was to prevent the water from flowing north to the south through the culverts". To study it now just does not make sense to me. Mr. Roellig stated, "The flow is much greater now and we need to see what the water flow is doing". Mr. Hall stated, "There is always a biological and engineering component to both sides of the issue, but from the biology of the sea grasses, the more water movement we have through 5O70 Pelican Bay Services Division Board December 4, 2002 i611 that area, the better those grasses are going to do". The water is not going to stagnate and it is going to keep moving and everything in the system is going to do better. I prefer the way it is right now, with the valves off and the water free flowing, but I can't predict how that is going to affect the pass. If there is too much water going out of the system that could adversely affect the pass, which means instead of being on a three or four year maintenance dredging schedule, it may be a two year schedule. Mr. Domenie stated, "1 seem to remember people commenting that one of the reasons that the flaps weren't working was because the head on the south side was not high enough to open the valves, but there always was a head of water to open the valves". That would indicate that without the flap gates you would get a free flow to the north. Mr. Hall replied, 'M/e do get flow in both directions right now". The question is, how much is going north and how much is going south and what impact does that have on the pass? Mr. Domenie asked, "Do we have any commitment with the City of Naples". We received the approval from the City of Naples to remove the flap gates, but did we take on any commitments as to measuring the water flow or do we have to report to them the results of removing the flap gates"? Mr. Hall replied, "No". We had said we were going to monitor before and after the removal, but there is no commitment to come up with any type of a report to the City of Naples. Mr. Roellig stated, "1 am opposed to collecting data and putting it on a shelf". I would like to see some minimal proposal to at least analyze the data that we have collected. It was quite an expense to collect the data and it is ridiculous if we don't analyze it. That would be just throwing the effort away. Mr. Humiston stated, "The purpose of the valves in the first place was that when the tide is rising in the Gulf of Mexico, it goes up in Venetian Bay at approximately the same rate". On a rising tide you have water flowing into Clam Pass and also water coming in through the culverts. A vast majority of the water that gets into the system comes in through Clam Pass because it is much larger than the culverts. On the falling tide the opposite occurs and most of the water goes out Clam Pass and some of it flows through the culverts. The more water you have going in and 5071 Pelican Bay Services Division Board December 4, 2002 out of Clam Pass the more stable the pass will be. If you divert some water through the culverts, then you reduce the velocity of the pass and it is more likely to shoal in. The question is, how much of an affect of the flow through the pass do the culverts actually make. The reason for putting the flap gates on would be that it would prevent water from flowing south out of the pass on a falling tide. All of the water in the bay system would go out the inlet. On the incoming tide, water coming in the inlet would fill up the bay and there would also be water coming in through the culverts, so there would be a larger volume of water available on the falling tide to scour out the inlet. Mr. Domenie asked, '~Vhere will the money come from to pay for this study".'? Mr. Ward replied, "Your Clam Bay Budget". lIMr. Brown moved, seconded by Mr. Werner and approved on a motion of 5/3 to table the data analysis as an open item and not spend $16,000. Those casting the dissenting votes were Messrs. Roellig, Carroll and Staros. Mr. Roellig moved, seconded by Mr. Werner and approved I~ on a vote of 7/1 that only the data that was collected be J~ analyzed to determine the volume and duration of the flows J~ through the Seagate culverts, at a cost not to exceed $2,000. I~ Mr. Brown cast the dissenting vote. Mrs. Kaye Potter - Mangrove Action Group - This has been a wonderful presentation and I have one question. On my daily walks to the beach I see a very large sandbar building up in the middle of the pass. It appears as if it is going to be a real problem and seems to grow every day. I can't believe that we can go very long without dredging. The reports seem to indicate that we can go a couple more years before we have to dredge, but I would like to head it off before the pass really closes. Mr. Hall stated, "The cross-sectional data that we collect is done quarterly". I will let Mr. Humiston respond to that since he will be the person to make the recommendation on when we need to dredge. 5O72 Pelican Bay Services Division Board December 4, 2002 Mr. Humiston replied, "Your observation is accurate and the sand does accumulate just inside the entrance to the inlet". If you look at the dredging plans, that was an area that was dredged quite a bit wider than what the natural channel is and acts as a sink because sand will continue to come in the inlet on each incoming tide. There is nothing you can do to stop that, but by over-dredging the area inside of the inlet, there is a lot of room to store sand before it accumulates to the point that it restricts the flow of the channel to the point that it would reduce the cross-section at the entrance. That is a storage area where sand could build up for hopefully three to four years before we would need to dredge again. ADMINISTRATOR'S REPORT CAPITAL PROJECTS GULF PARK DRIVE TO PELICAN BAY BOULEVARD (NORTH ENTRANCE) Mr. Ward stated, "The Gulf Park Drive to Pelican Bay Boulevard Program is a completed project at this time". U.S. 41 BERM IRRIGATION & LANDSCAPE IMPROVEMENTS Mr. Ward stated, "We are starting at the North Pelican Bay Boulevard entrance and working to Gulf Park Drive". The irrigation is in progress and the landscaping is scheduled for January 2003. COMMUNITY ISSUES SIDEWALK OVERLAYS AND REPAIRS Mr. Ward stated, "The sidewalk overlay and repair project is underway". The work is completed on Gulf Park Drive and bio-barrier is presently being installed along Ridgewood Drive. That program will be ongoing for the next three to four months and the overlays will be performed later in the year, which in Transportation vernacular means just before September 30th of next year. CROSSWALKS Mr. Ward stated, "You have probably noticed, from Transportation's perspective, the crosswalks are completed at this time". We had some delays in the shipment of materials for the signage, so there are presently some temporary signs along the boulevards to deal with the 5O73 Pelican Bay Services Division Board December 4, 2002 crosswalks. The crosswalks actually came out very nice and it looks pretty good along the Boulevard, although the lighted crosswalk at the Philharmonic is a little much. Mr. Domenie stated, "At the entrance to Bay Colony there are no crosswalks or lines". Can we provide some pedestrian markings? I don't mean put to up the signs, but just some markings on the road. Mr. Ward replied, "Transportation has indicated that to the extent that you put in pedestrian markings, you need to do all of the signage that goes along with it". U.S. 41 MEDIAN LANDSCAPING Mr. Ward stated, "We have received bids on this project, which came in at $253,925.84". We are going to hold off on making a recommendation to you until your January Meeting. We want to do a review based upon the comments that Mr. Brown had made at your last meeting, to try to provide you an apples-to-apples comparison between the Phase I and the Phase II project, so that you can understand what the costs of that project are. We will make a full recommendation to you at your January meeting, including a copy of the actual bid tabulation that we received. Mr. Brown stated, "If you take a square foot comparison between the south and north medians, it should be $167,000 at the same costs". If $250,000 was the Iow bid, that is $90,000 more on a square foot basis. Mr. Carroll stated, "That is what Mr. Ward is going to develop for us". Mr. Brown stated, "1 hope this Board has the opportunity to say thank you that's too expensive, go back and redo it and come back with costs in line with the south median". There are no curbs or irrigation sleeves to be installed, so why should the bid come in more expensive? Mr. Carroll stated, "Mr. Ward, your comparison will have to deal with that issue". Mr. Ward replied, "As I indicated, it is appropriate that we hold off on this". We will do a comparison for you based on the Phase I costs and provide a recommendation to you based on that analysis. We will look at it fairly with respect to what the Phase I cost was and what was done in Phase I versus what is contemplated to be done in Phase II. Hopefully, at the end of the day you will find that analysis fair. 5074 Pelican Bay Services Division Board December 4, 2002 Mr. Carroll asked, "To get a lower bid would you have to re-design"? Mr. Ward replied, "The way the system works is that we would reject these bids and then it would go to the Board of County Commissioners for rejection". I believe you would have to provide direction as to what you want redesigned at that point, within whatever the constraints would be and then we would go through the expense of preparing new design drawings, re- bidding it to see if we could get it within the context of whatever it is you were looking to do. Mr. Carroll replied, "Okay, we will deal with that in January. PELICAN BAY SERVICES DIVISION BOARD MEMBER ELECTION TIMETABLF Mr. Ward stated, "Your Board elections are coming up and the advertising for the vacancies will start within the coming week". The Board of County Commissioners will handle the advertising. I assume they will do that the exact same way that has been done for years, which is notification in the newspapers, publication on the County website and things of that nature. The Board of County Commissioners will accept the applications and all of the applicants who apply for the positions will be placed on ballots and the Clerk of Courts will handle the mailing of the ballots to all of the property owners within Pelican Bay. Mr. Werner asked, "Can we ask that this be done in the Foundation paper"? Mr. Ward replied, "Yes we can". As a matter of fact I think what we will do is take this time schedule and provide it to the Post and ask if it can be published. I know Mr. Carroll helps with the writing of that article. Mr. Carroll stated, "We probably should put that in the Pelican Post again". Even then there is a time lag because that will be the January issue. What we are writing right now is what will appear at the beginning of January. Mr. Ward replied, "The applications will be due back to the Board of County Commissioners by January 7th, 2003". Mr. Domenie stated, "1 was under the impression, when Mr. Brock spoke with us, that the first notice of a vacancy would be mailed to every resident". Did I misunderstand? Mr. Ward replied, "1 don't recall that". 5O75 Pelican Bay Services Division Board December 4, 2002 Mr. Domenie asked, "What happens if we don't get sufficient applicants, does this Board then recommend a person to fill the vacancy"? Mr. Carroll replied, "1 don't know that answer and we will have to face that if it comes up". FINANCIAL STATEMENT REVIEW Mr. Ward reported that it is the beginning of your fiscal year and these are your first set of financials for the month of October. At this point it is extremely clean. FOUNDATION SURVEY- JAMES CARROLL Mr. Carroll asked, "How do these questions sound, do you want to throw them out, do you want to do this survey at ail"? I would like to open this item for discussion. Mr. Kinney stated, "We are in the final stages of our draft and the size of our survey continues to grow". As I look through the survey, you will probably have to limit your questions, but there is already a question in the survey about the cooperation issue between the Pelican Bay Services Division and the Foundation. You would probably be down to two or three questions and some of the questions you have provided are extremely wordy and in paragraph form, which is what we have stayed away from. We would probably have to alter the format, which you have already put out for review and I want this Board realize that before they make their decision. Mr. Carroll replied, "The wordiness came from the fact that the Board felt that just asking the bare question was not going to do it and you had to add a preamble to explain the issue". Mr. Kinney stated, "1 started to do that when I originally did the survey and now you can see that it is in a completely different format". That would take up a tremendous amount of space and we are looking at the survey to be a two sided survey, with it being folded back over with the return address and all a resident would need to do is lick the label and pop it in their mailbox. I would be able to get some room, but at this stage of the game because it has grown so much, I will not be able to go back and make that kind of major adjustment. Mr. Bawduniak stated, "it was very important to this group that we have an informed survey instead of just asking a question". We have had some examples of folks coming in and asking a lot of basic questions about something they had a predisposed notion of. I understand what you are saying about the limitations. Is there a way you can help us with this by doing 5O76 Pelican Bay Services Division Board December 4, 2002 something with the Pelican Bay Post? I happen to believe the Post is a great transmitter of information. Can you take each question and give a background on it in one of your issues, because I understand your questionnaire is not coming out for quite a while? That will at least provide people an opportunity to get some knowledge before they receive the card. Mr. Kinney replied, "Your Board can consider doing what we did, which is your own survey and there is no mailing cost because it will be an insert in the Pelican Bay Post". The only cost would be the postage of those surveys that get returned. You are only talking about eight or nine questions and to have someone analyze that would be very inexpensive. Mr. Bawduniak stated, "1 was thinking of using your survey, but you backing it up in the Post". If we gave you two questions, we would clearly want to have some background information so that the citizens could respond intelligently to those questions and provide us good answers that would mean something to us. The questionnaire would be there and in that same issue would be a backgrounder that would give everybody a chance to know what it is all about. Mr. Kinney replied, "Yes, we could say, "Please refer to the article on Page 17 for an explanation of these four questions". That would be real easy for us to do. Mr. Bawduniak stated, "Having said all of that, I have a thought for another question". Two things have happened in the last month. One is that the Division removed forty-five trees from Pelican Bay Boulevard North to thin them out. Second, my neighbor put a new roof on their home and to get the roof on they had to get a piece of equipment in and in order to do so they had to remove a big tree. All of the sudden I realized that the removal of that tree enhanced the appearance of my neighborhood and it occurred to me that Pelican Bay, in some eyes, may be getting overgrown. I used to always look at Pelican Bay like Disney World where everything was neat, manicured and in just the right perspective and proportions. Now, I am starting to see that things are getting overgrown and a lot of shade where we maybe don't want it. I mentioned this to Mr. Kinney, but would there be some program that could be implemented to thin out some of the existing foliage? This would be on private property where folks could have a survey and someone could stop by and suggest what could be removed. This would cost money, but I think it would enhance the appearance of Pelican Bay. 5077 Pelican Bay Services Division Board December 4, 2002 161! Mr. Kinney replied, "The only thing that the Foundation could do would be to try to spearhead a movement for the community and possibly for the community to put together a program where a landscaping company would agree to come out and do just that. There is nothing in the covenants that would force the homeowner to comply. The covenants state that you can have landscaped hedges only so high and those types of things, but it does not go so extensive as to the removal of trees. Mr. Bawduniak stated, "The covenants say that you cannot remove a living tree without the authorization of the Foundation". Mr. Kinney stated, "Maybe Mr. Bawduniak and I can get together and share ideas and then I will share them with staff and work with Mr. Lukasz to see if we can come up with some type of plan". When you think about the hurricane aspects of it, we go in and trim our palm trees, but I have a huge orchid tree on the edge of my property that I never think about trimming. It is probably a good thought and we should put our heads together on that. Mr. Carroll stated, "Mr. Kinney has said our survey is too long, but he also said that we could have our own survey". We only have two questions without any lead-ins, so where do we go from here? Mr. Brown stated, "1 look at this from the standpoint of someone who is here on a rare occasion and when they receive this survey they call me and ask me which way I should vote on questions 3, 4 and 5 because it does not impact them at all". Questions 3, 4 and 5 are for people who are involved in the government and not for the man on the street. Mr. Domenie stated, '~/Vith regard to question 7 on the former questionnaire, the Pelican Bay Property Owners have an article in the latest Pelican Bay Post asking people to respond to their feelings on the berm landscaping". Mr. Werner stated, "1 don't have a question 7 on my sheet". Mr. Carroll stated, "1 threw it out". Mr. Werner stated, "If you were going to be limited to two questions, probably the questions about the bike path and police would be pertinent". With regard to the bike path issue, I don't understand what you mean when you say leave it as it is, reduce the Boulevard to one 5O78 Pelican Bay Services Division Board December 4, 2002 lane each way and add a four-foot wide bike path. You have twenty-four feet, which is two twelve-foot lanes and if you add a four-foot bike path, what are you going to do with the other 8 feet? Mr. Carroll replied, "It would be a wider single lane". Mr. Brown stated, "You would end up with approximately an eight foot bike path like exists in Park Shore". Mr. Brown stated, "If you are going to have one bike path and one auto path, the lanes should be 6 feet wide for bikes and 14 feet wide for automobiles". Mr. Carroll stated, "Four feet is required by the State, but we ought to make it bigger". Mr. Werner stated, "As far as the question about police protection, I would put in there that we have paid an average of $375,000 - $400,000 for the past five years for police protection". Tell them what we are paying and ask do you think it is worthwhile or do you want to spend more to have more police, etc.? Mr. Carroll stated, "It is $40'0,000 or $60.00 for each ERU per year". Mr. Werner is suggesting only questions 1 and 2. Mr. Werner stated, "You can't do anything about the Sunshine Law in question 5". Mr. Bawduniak stated, "When you talk to residents, the questions that come up are questions 1 and 2". They either have bike paths or policing on their minds. Mr. Carroll stated, "Question 5 about the Sunshine Laws was purely educational on my part". spent"? Mr. Bawduniak stated, '~Ve can support it, but we can't fix it". Mr. Carroll stated, "Question 6 is about the $293.00 assessment and do you feel it is well Mr. Werner replied, "You include the street lighting and police in that question, which is not part of the $293.00". The street lighting and police are ad valorem and are not part of the $293.00, which is non-ad valorem. 5O79 Pelican Bay Services Division Board Oll December 4, 2002 Mr. Brown asked, '`will the residents respond to your survey, through E-mail, fax or regular mail"? Mr. Kinney replied, "All of the above". The survey will actually be on our web page where it can be downloaded and E-mailed back. I am getting away from people being able to phone the office. We are going to allow both spouses in the unit to fill out a survey, so that immediately puts us up to a 10,000-13,000 person survey. Mr. Domenie asked, "Are we talking about two different surveys, one for the Foundation and the other an insert for us"? Mr. Carroll replied, "No, right now we are focusing on the Foundation's survey". Can you handle questions 1 and 2 with the modifications"? Mr. Kinney replied, "We should be able to make the modifications with the final draft". Mr. Carroll asked, ''Will the lead-in paragraphs be okay"? Mr. Kinney replied, "1 think we can do the lead-in paragraphs in your article". We will refer the reader to a certain page for background information as it relates to the questions and you should be fine with that. DIVISION OF RESPONSIBILITY Mr. Carroll stated, "It has been two and one-half years since I wrote this responsibility paper, but I decided that it needed to be updated because I have been appointed to a Long-range Planning Committee on the Foundation and I was going to use this". When I read it I thought it was obsolete and needed to be redone. We don't need to take the time to look at it now, but if you could look it over, at the next meeting I can take whatever comments you might have. DISCUSSION REGARDING THE USE OF AD VALOREM TAXES VERSUS A SPECIAl ASSESSMENT BASED ON EQUIVALENT RESIDENTIAL UNIT (ERU) IN PAYING FOR THF SERVICES PROVIDED BY THE PELICAN BAY SERVICES DIVlSIOP Mr. Carroll stated, "1 am going to postpone the Ad Valorem discussion until the next meeting because we had a long discussion with the Clam Bay Monitoring Report and this item might also take some of our time". We will put this item high on our Agenda for our next meeting. AUDIENCE PARTICIPATION 5O8O Pelican Bay Services Division Board December 4, 2002 1611 Dr. Ted Raia - St. Raphael -"1 am also on the Board of the Pelican Bay Property Owner's Association". My concern is where development is going within Pelican Bay in the last year or so, what is about to happen within the next two to three years and what can be done about it. Dr. Raia continued, "My concern is how we get from one point to another and how we let that happen". I am sure most of you have seen the new entrance to Crown Colony in front of Cap Ferrat and you have probably seen these plans before. Mr. Brown replied, "No, we have not". Dr. Raja replied, "Then let me show you a letter". This is the original plan for Waterpark Place, which is supposed to be four towers, with the last two towers being St. Margaux, similar to St. Pierre and St. Laurant". The developer has chosen to replace those two towers with one huge building. There are actually two buildings, but because he could not get the two buildings in, he is joining them in the center with a four-story common reception area and calling it one building. If you look at the aerial photo you will get the perspective of this building, which is Cap d'Antibes. The developer has gone from Cap Ferrat, to making this his last building. In doing this he has reduced the setback from the property lines to fifty feet and he is supposed to be at least 100 feet from a property line. Dr. Raia continued, "The fault lies in the Ordinance for Pelican Bay was drafted". The ordinance states that building setbacks have to be one-half the height of the building or not less than fifty feet. The setbacks can be reduced if you are doing a clustered development and unfortunately they do not say how much they can be reduced, with the provision that they stay within the common architectural theme. What is your definition of a common architectural theme? Apparently the developer has obtained letters from two architects, which state that a common architectural theme is using the same building materials. An example would be that you don't build a wooden house if you have been using stone or if you paint it the same color and have a common entrance. If you review architecture on the Internet and get some idea of architectural themes, they start out with the scale, volume and appearance of the building. They don't go into paint or common entrance until they reach the bottom of the list. With this kind of material the 5081 Pelican Bay Services Division Board December 4, 2002 1611 developer feels that he can come in and do anything he wants to do. My concern is that this plan was submitted to this Board and you approved it. Mr. Sutphin replied, "Oh, no". Mr. Raia stated, "1 have reviewed your Minutes and Agendas". I have never seen it on an agenda or in the Minutes and in most communities when you change setbacks they are for the benefit of the neighbor. You can get a variance in many communities, but you must notify your neighbor and have a good reason for that variance. Here, there was no notification of neighbors and the setback has been reduced. We should not tolerate that kind of abuse of the system. Mr. Carroll stated, "The Foundation has a lot to do with this". Dr. Raia stated, "No, they don't". The Pelican Bay Services Division is on the list of approvers. This set of plans was sent to the Pelican Bay Services Division and Mr. Ward's signature is on the letter, but he did not sign it himself. Mr. Ward explained, "Let me go through the development process with you". In Collier County with respect to land use zoning and site plan approval, the size, location and what it is going to look like, where you put the common elements and entranceways are all reserved to the County's Site Plan Department for review and approval. The plans are reviewed and approved in accordance with the PUD and whatever County Ordinances might be in place with respect to that issue. The Pelican Bay Services Division reviews the plans for conformity with our water management system and to assure that if there are any encroachments into easements that we have where the building is located, that is reviewed and approved in an appropriate manner. That is the limit of our review and recommendation authority with respect to development activities within Pelican Bay. Generally, most all plans come through our office and get reviewed for conformity with those specific criteria. The only time it ever comes to this Board is to the extent that there is an encroachment into one of our easements. The most recent example was Bay Colony when they wanted to build the emergency access road. That came to you and only came to you because there was an encroachment into our easement. The Registry Resort built an addition to their pool deck which encroached into our easement and that came to you because 5082 Pelican Bay Services Division Board December 4, 2002 61 of the encroachment. A normal building that is going through site plan development and does not have an encroachment issue does not come to this Board. Mr. Werner stated, "In all the years I have been on this Board, the only building that ever came to us was when they wanted to fill a swale, but we did not approve the building, only the filling of the swale". Mr. Carroll asked, "Mr. Ward, what do you approve when you approve this kind of thing"? Mr. Ward replied, "It is reviewed for conformity with our water management system and to ensure that there are no encroachments or if there are, to deal with whatever approval level we need on those encroachments". This did not have any water management issues. Mr. Carroll asked, "Would you see these plans at all"? Mr. Ward replied, "Yes, they submit full sets of plans to us and they go through a standard review process with our office and engineers and once they are reviewed they are sent on to the County, stamped for approval". I don't know what that letter is, but it is probably a standard letter saying that we have reviewed the plans and specifications and approve them for whatever purpose. Mr. Sutphin stated, "This gentleman feels he has been finessed by the developer". I think he is coming to the wrong place to fight the battle. Who should he go fight with? Dr. Raia stated, "1 know who to fight the battle with, that is not the point". The point is that we now have an additional letter to fight, which is a letter from my own Pelican Bay Services Division saying that what they did is fine. Mr. Carroll stated, "It probably is fine, but our responsibility here is very limited". Dr. Raja stated, "1 must take objection to that". I believe we should behave as a community and when we see something like this we should at least notify our neighbor of what is going on. We just found out about this within the past month and these plans have been out for over a year now. Here was an opportunity for the community to know what is going on and we were not alerted to this. Now we have to fight an up-hill battle to see what can be done. This, in no imagination to me, is a common architectural theme for Pelican Bay. Mr. Werner asked, "Where does this stand in the development system"? 5O83 Pelican Bay Services Division Board December 4, 2002 Dr. Raia replied, "The developer has put in the drainage system and because of the economy has requested a moratorium on construction until the year 2004". That gives us a window to pursue this. Mr. Werner stated, "1 don't see that we can do anything officially, but I think we could share some input in that this does not meet our community standards and does not fit here, etc.". Mr. Carroll stated, "As a Board we can take that kind of position". Dr. Raia replied, "1 appreciate that". Mr. Brown asked, ''would it be better to write a letter clarifying that this letter was for water management approval only"? Mr. Ward replied, "The letter does not need clarification". If the Board wants to provide clarification to the Commission with respect to issues, you are welcome to do that, but as a member of staff we review it for conformity with plans and the letter is sufficient because our approval does not extend beyond what I indicated to you". Mr. Carroll asked, ''would this Board like to take a different position on this issue"? Mr. Ward replied, "This is not a different position". Mr. Carroll asked, "1 meant a broader look at this issue"? Mr. Bawduniak stated, ''we are being asked to be a loud speaker to let residents know, which is something we don't do but can help support it by writing a letter to the Commissioners and having that picked up in the Pelican Bay Post, although we have no official standing". Mr. Carroll asked, "1 wonder if the Foundation is considering a similar action"? Mr. Kinney replied, "1 know that Dr. Raia has met with members of the Foundation Board and is lobbying on behalf of taking a position". My Board has not instructed me to comment either way, so I will continue to let Dr. Raja continue his lobbying efforts. Mr. Bawduniak stated, "We could have the Pelican Bay Services Division, the Foundation and the Pelican Bay Property Owners say we are three groups within Pelican Bay that have a concern with this plan". Mr. Kinney stated, ''We would be in the same position as you are in that we have no official authority to reject that plan". WCI kept that authority and grandfathered Gulf Bay 5084 Pelican Bay Services Division Board December 4, 2002 Development in when they turned the General Protective Covenants over to the Foundation. We won't be able to get jurisdiction over any Gulf Bay Development until they have been issued a Certificate of Occupancy and they are completed. That was the way WCI set it up many years ago. In the Declarant to the Foundation, WCI made sure that they retained that review process. Mr. Brown asked, 'M/hat is the fee called when a developer builds a new place and they pay the first fee"? you"? Mr. Kinney replied, "Initial Capital Fee". Mr. Brown stated, "If you wanted to put a fee of $80,000 per unit you could do so, couldn't Mr. Kinney replied, "No, that is also exempted by WCI and has been prepaid". I am not sure we have taken a look at that legally, but believe me, WCI was very smart in their development. It was the initial purchase, which has been done and paid for. What we would do is come up with some other means to do that and I am sure we would wind up in court if that is what we wanted to do. That is a position that Dr. Raja has been speaking with our Board about and until my Board instructs me, I have no idea what the Board is contemplating at this time. Mr. Sutphin stated, "On the limited information which has been presented, I believe we have a unique opportunity, particularly in view of the moratorium on construction, for this Board, the Foundation and the Property Owners Association, if the facts lead us to the common conclusion to go on record with the County Commissioners that we don't like this and shame on us if we don't do that". for"? Mr. Domenie asked, 'M/ho can grant the extension of time that the developer has asked Dr. Raja replied, "That is a County issue". Mr. Roeliig stated, "Let's put this on the January Agenda and get some of this information out to our individual Board members". We should be able to come to a consensus of what the Board would want. Mr. Domenie asked, "Could you place this as an editorial in he Pelican Bay Post"? 5O85 Pelican Bay Services Division Board December 4, 2002 Mr. Kinney replied, "1 think it is very important for the three Boards to come together, come to some consensus and then decide who wants to play the lead dog". It appears to be a very good cause for the Pelican Bay Property Owners because they are an independent organization. I am not sure an article is going to do it and is probably going to end up with who wants to pony-up the dough, because we are going to see Mr. Ferrao in court. Let's face it, in my opinion that is ultimately where you will end up. Mr. Roeilig asked, "Do they already have the building permit"? Dr. Raia replied, "They don't have the building permit as yet". They have site plan approval and permission to delay construction, at which time they will ask for their building permit, which will be in the year 2004. Right now, they have to grass the area and leave it as it is. Mr. Carroll asked, "Mr. Ward, can you put something together for us to review at the January meeting that gives us some background, to have us more intelligently look at what is being presented"? Mr. Ward replied, "Let me check the files to see what we have". Whatever information we have in the file with respect to the plans, I will certainly copy and place it on your agenda. Mr. Carroll stated, "We would also need copies of what Dr. Raja has brought in". Mr. Gage stated, "1 am President of the Coronado, and neighbors of these people". I urge you to do that. The Coronado spent a lot of money when their place was built. We didn't like it at all and couldn't get anything going and obviously it wasn't effective, not only for their operation, but for the villas in front of our property. Mr. Sutphin's point is well taken, if there is ever an opportunity for representation of the community I support his position and will do anything I could do to help you. Mr. Carroll stated, "Dr. Raia you should attend our January Meeting". Mr. Ward, please put something together so that we can all get a picture of what we see here. Dr. Raia stated, "1 have done a lot of research on this issue and have a lot of material that I can provide to Mr. Bawduniak". Mr. Roellig stated, "That material has to go to Mr. Ward". 5O86 Pelican Bay Services Division Board December 4, 2002 1611 Mr. Ward reported that our next Regular Meeting is scheduled for Thursday, January 9, 2003. Mr. Brown asked, 'M/ill this Commissioners"? issue eventually end up before the Board of County Mr. Ward replied, "The way the law works, it is already zoned". It is a Planned Unit Development (PUD), so the zoning already exists on the property. What a PUD does is to allow a large developer as they move through time to use "a zone as you go concept" and under Chapter 380, which is the Development Order Statute, establishes a procedure that they can build buildings or whatever in accordance with that PUD Ordinance. That is what you are operating under in this scheme, so to the extent that the PUD permits whatever that picture is, then the onus is on the County Commission to try to change that ordinance, but because of the way Chapter 380 works, the ordinance is essentially a contract between the local government and the private developer, which cannot be changed without the mutual consent of both parties. That is the way it normally works in this State. you can make whatever representations you want to the County, but it is an uphill path at this point. Mr. Sutphin asked, "How did they get the LaPlaya to tear half of their parking garage down"? Mr. Ward replied, "They had in all probability built it outside of the constraints of the existing law". They in all probability violated the setbacks. If there were a violation here, that would apply in this instance also. If there is no violation of the ordinance or current zoning laws, you are not going to go anywhere with it. Whatever you want to do with respect to encouraging the County Commission to do something is not inappropriate. COMMITTEE REQUESTS Mr. Bawduniak stated, "Back in the Spring, Mr. Brown first brought up the ad valorem versus non-ad valorem assessments and how they work". In September I brought it up with some background and it has slipped by for several months now. I am very disappointed that we did not get into it today, but I certainly hope we get into it in January because our next budget season starts in May. It is legislatively and legally realistic for us to have this type of discussion. 5O87 Pelican Bay Services Division Board lgll December 4, 2002 ADJOURN There being no further business, the meeting adjourned at 5:30 P.M. James Carroll, Vice Chairman 5088 Memorandum To: From: Date: Subject: Pelican Bay Services Division Board James Carroll January 3, 2003 Discussion of Amendment to Pelican Bay Municipal Service Taxing and Benefit Unit Ordinance 2002-27 In a recent conversation with Mrl Dwight Brock he provided me with his thoughts regarding our concerns with an Amendment to the Pelican Bay Ordinance. Mr. Brock feels that to amend the Ordinance as we have had it prepared will create more problems for us. He feels the proposed amendment is too broad and has proposed a short and long term solution. Short Term - Assume the Registry votes their 473 residential votes. He will identify these very clearly in his summary of the voting results which goes to the County Commissioners. They will appoint the three residential Board Members with full knowledge of which candidate the Registry cast its' votes for. Long Term - First, arrange for Mr. Brock, Glen Harrell and Mr. Ward to meet with the General Manager of the Registry Resort and attempt to persuade him to help us clarify the situation. They could agree to have their classification changed to commercial, for example. Mr. Brock woud then arrange for the change. If they prefer not to do this, he would work with us on an amendment which would be very specific to the Registry issue and would not obligate our Board to mediate similar issues which might come us in the future. Mr. Brock has been invited to attend our January 9th meeting. Pelican Bay Services ORDINANCE NO. 2002-27 AN ORDINANCE AMENDING THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT ORDINANCE NO, 2002- 27; PROVIDING FOR COMPOSITION, NOMINATION AND APPOINTMENT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR CONSTRUCTION; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that SECTION EIGHT: (E) ii Composition, Nomination and Appointment ii. For purposes of determining record title owners of property entitled to cast ballots, the listed record title owners of property as evidenced by the Collier County Property Appraiser's tax rolls as of sixty (60) days prior to the balloting date shall be utilized and deemed conclusive. Not less than forty-five (45) days prior to the balloting date, the Property Appraiser shall provide the Clerk and the Board of County Commissioners with the list of all parcels within the Unit, each parcel's identification number, the names of the property owners and their addresses, with said list designating each parcel as either residential/commercial/other (based upon the Property Appraiser's classification system). However, for each parcel of land whose Property Appraiser designation is not consistent with its actual land use, the Board of County Commissioners shall utilize and count the ballots based on the parcel's actual land use. SECTION EIGHTEEN: 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 1611 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 NINETEEN: Construction. This Ordinance shall be liberally construed to effectuate its public purpose. SECTION 'I-VVENTY: Inclusion in 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 numbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION 'I'WENTY-ONE: Effective Date. This Ordinance shall become effective upon filing with the Department of State of the State of Florida. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ATTEST: DWIGHT E. BROCK, CLERK day of ,2002. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Approved as to form and legal sufficiency: JAMES N. COLETTA, CHAIRMAN David C. Weigel County Attorney 1611 Memorandum Severn Trent Services/ST-Moyer 210 N. University Drive, Suite 702 Coral Springs, Florida 33071 Phone: (954) 753-5841 Fax: (954) 345-1292 To: From: Date: James P. Ward, Division Manager Michal Szymonowicz October 15, 2002 Re: Modification of Method of Paying for Services Provided by Pelican Bay Services Division The Pelican Bay Services Division of Collier County provides a variety of valuable services to the Pelican Bay Community. The Division's history goes back to 1974 when the Clam Bay Improvement District was first established to provide an administrative framework to allow for orderly development of the area. In 1978 the District was reestablished as Pelican Bay Improvement District which existed in that form and name until 1991 when it was assumed by Collier County and renamed Pelican Bay Services Division. The Division encompasses a total of 2,104 acres and serves numerous permanent and seasonal residents. The Division provides a variety of operating services including community appearance, beach cleaning, aquatic system maintenance, street sweeping, street lighting, street sign maintenance, Clam Bay restoration, and security. In addition, the Division also provides capital programs including community wide landscape & irrigation system renovations, U.S. 41 berm improvements, Clam Bay restoration, and landscaping. To finance its operating and capital programs, the Division levies a combination of non-ad valorem special assessments and ad valorem taxes. Non-ad valorem special assessments fund services primarily benefiting the property and are assessed for based on the size, use and type of the property. Ad valorem taxes fund services primarily benefiting people and are levied based on ability to pay utilizing the ad valorem method. Of the seven funds utilized by the Division, five account for operating and capital activities pertaining directly to the property. The Water Management Fund, Community Beautification Fund, Clam Bay Restoration Fund, Uninsured Assets Fund and Other Capital Fund benefit primarily property and not people as they improve the functionality, appearance, environmental vitality, and manageability of the land. Consequently, given that these services and improvements directly benefit the land within the Division, costs f pro iding these services and improvements are defrayed with non-ad valorem special assessments. C' I --I o g o~ to_ 1611 The two remaining funds of the Division are financed with ad valorem taxes. The Street Lighting Fund uses ad valorem taxation for primarily historical reasons as in the past this service was provided to the area by a separate dependent district of the County utilizing ad valorem taxation. When the Pelican Bay Improvement District became a Pelican Bay Services Division, the street lighting district was made a part of the Division, which continued taxing properties on the ad valorem basis for street lighting services. The Security Fund of the Division is also funded with ad valorem taxes. The justification of it is that security services benefit primarily persons and only secondarily property. That is why the Security Fund is financed with ad valorem taxes. Notwithstanding the previous discussion, the Pelican Bay Services Division requested staff to analyze the effects of modifying the current method of funding services into a purely ad valorem assessment. This Report presents the effects of changes in the assessment methodology on the assessment levels experienced by different properties within the Division's jurisdiction. Tables I and 2 illustrate respectively the current and modified, ad valorem only, assessment summary based on the Fiscal Year 2003 Budget for the Division. As can be seen in the bottom left corner of Table 2, in order for the Division to collect the same total amount of revenue under the new system (ad valorem assessment only) as under the existing system of assessments, the resulting millage rate would have to total 0.8125 mills. Given that millage number, one can now perform an analysis of the financial impacts of such a change in the method of assessing properties on the total dollar amount paid by such properties to the Division. Table 3 outlines the effect of assessment method change on average residential units. An average unit is one of the arithmetical average taxable value, which is given along with the minimum and maximum value in each class. According to the information in Table 3, an average single family residential unit would see its assessment increase by just under $400 as a result of the change in the methodology. On the other hand, average condominium and coop units (jointly classified as multi family dwellings) would see slight decreases as a result of the change in the methodology, realizing savings of about $16. Table 3 additionally provides information on the Breakeven Residential Value, which is the taxable value of a residential unit at which change in the assessment methodology would result in no change in the amount of the total assessment. The value for Fiscal Year 2003 is $463,447. As the information in Table 3 relates to average units with the inherent statistical imprecision associated with arithmetic averages, Table 4 attempts to quantify exactly how many or what percentage of the residential as well non-residential properties would have increased or decreased assessments. Number of Unit Type Units Table 3 Collier County Pelican Bay Services Division Average Unit Comparison Minimum Maximum Average Taxable Value Taxable Value Taxable Value Current Assessment for Average Unit Modified Assessment for Average Unit 1611 Difference Single Family Units 691 Condominium Units 5579 Breakeven Residential Value UnitType $0 $12,400,978 $1,087,043 $0 $5,670,250 $437,917 $463,447 Table 4 Collier County Pelican Bay Services Division Actual Unit Comparison Number of Units $488.80 $371.96 $376.55 $883.22 $355.81 $376.55 ($394.42) $16.15 $0.00 Percent of Total Single Family Units Below Breakeven Value Single Family Units Above Breakeven Value 184 507 Multi Family Units Below Breakeven Value Multi Family Units Above Breakeven Value 4O94 1485 Non-Residential Parcels With Decreased Assessments Non-Residential Parcels With Increased Assessments 38 4 Figure 1: Changes in Assessments by Group Type 26.63% 73.37% 73.39% 26.61% 90.48% 9.52% 100.00% - 90.00% - 80.00% - 70.00% - 60.00% - 50.00% 40.00% 10.00% - 0.00% Single Family Multi Family Non-Residential · Units with Decreased Assessments · Units with Increased Assessments Pelican Bay have taxable valuations above the breakeven value, resulting in higher assessments if the methodology was changed. On the other hand, a sizeable majority of multifamily units are valued under the breakeven value, making then susceptible to assessment savings resulting from application of the new methodology. Additionally Table 4 and Figure 1 also illustrate that most of the non-residential parcels of land currently assessed would benefit from the new strictly ad valorem assessment method. Table 5 Collier County Pelican Bay Services Division Methodology Change Impact on Single Family Units Taxable Value for Single Family Units Current Modified Assessment Assessment Number of for Average for Average Units Under Unit Unit Difference $100,000 3 $311.13 $200,000 0 $329.13 $300,000 29 $347.13 $400,000 95 $365.13 $463,447 57 $376.55 $500,000 29 $383.13 $600,000 85 $401.13 $700,000 46 $419.13 $800,000 42 $437.13 $900,000 43 $455.13 $1,000,000 25 $473.13 $1,500,000 108 $563.13 $2,000,000 65 $653.13 $2,500,000 18 $743.13 $5,000,000 34 $1,193.13 $10,000,000 6 $2,093.13 $15,000,000 6 $2,993.13 Taxable Value for Multi Family Units Table 6 Collier County Pelican Bay Services Division Methodology Change Impact on Multi Family Units $81.25 $162.50 $243.75 $325.00 $376.55 $406.25 $487.50 $568.75 $650.00 $731.25 $812.50 $1,218.75 $1,625.00 $2,031.25 $4,062.50 $8,125.00 $12,187.50 Current Modified Assessment Assessment Number of for Average for Average Units Under Unit Unit ($229.88) ($166.63) ($103.38) ($40.13) $0.00 $23.12 $86.37 $149.62 $212.87 $276.12 $339.37 $655.62 $971.87 $1,288.12 $2,869.37 $6,031.87 $9,194.37 Difference $100,000 120 $311.13 $200,000 1313 $329.13 $300,000 1530 $347.13 $400,000 824 $365.13 $463,447 56 $376.55 $500,000 350 $383.13 $600,000 294 $401.13 $700,000 205 $419.13 $800,000 200 $437.13 $900,000 163 $455.13 $1,000,000 120 $473.13 $1,500,000 234 $563.13 $2,000,000 104 $653.13 $2,500,000 18 $743.13 $5,000,000 43 $1,193.13 $10,000,000 5 $2,093.13 $81.25 $162.50 $243.75 $325.00 $376.55 $4O6.25 $487.50 $568.75 $650.00 $731.25 $812.50 $1,216.75 $1,625.00 $2,031.25 $4,062.50 $8,125.00 ($229.88) ($166.63) ($103.38) ($40.13) $0.00 $23.12 $86.37 $149.62 $212.87 $276.12 $339.37 $655.62 $971.87 $1,288.12 $2,869.37 $6,031.87 1611 Tables 5 and 6 illustrate the specific monetary effects of change to the assessment methodology on single family and multi family units by property valuation, extending the conclusions that numerically most single family units would not benefit from the change in the methodology and numerically most of the multi family units would. Similarly, Table 7 seven illustrates that overall the amount of assessments paid by other non-residential properties would decrease, and breaks down which classes of property would benefit from lower assessments and which would experience higher assessments. Table 7 Collier County Pe~ican Bay Services Division Changes in Assessments for Non-Residential Properties by Class Current Modified Class ERU Taxable Value Assessment Assessment Difference Club at Pelican Bay 273.38 $9,372,318 $81,823 $7,615 ($74,208) Government/Institutional 129.83 $0 $38,057 $0 ($38,057) Hotels 330 $195,951,374 $132,116 $159,210 $27,095 All Other 772.38 $123,196,635 $248,583 $100,097 ($148,486) Total 1505.97 $328,520,327 $500,579 $266,923 ($233,656) To conclude, modifying the Division's current methodology from a combination of non-ad valorem special assessments and ad valorem taxes to ad valorem taxes only would lead to a redistribution of the share of assessments paid by different categories of property. Figure 2 shows the percentage shares of assessments paid by the single family, multi family and non- residential units under the existing and modified methodologies. Figure 2 clearly shows that the most significant effect of the change in methodology is the transfer of the assessment burden from other non-residential units to single family units. As a group, the single family units under the modified methodology would on average pay almost double, whereas non- residential units as a group would enjoy significant, almost forty-six percent savings. Multi family units would experience a slight, two percent, decrease in their share of total taxes paid to the Division. Figure 2: Tax Burden Changes by Group Type 100% - 90% - 80%- 70% - 60%- Existing Methodology · Single Family · Multi Family Modified Methodology Non-Residential 1611 1611 w m 16il Memorandum 1611 To: From: Date: Subject: Pelican Bay Services Division Board Members James P. Ward January 2, 2003 U.S. 41 North Median Landscape The bid information for U.S.41 Median Landscape Phase II has been included for the Board's review. McGee and Associates, through the Collier County Transportation Department, performed the design for U.S. 41 Median Landscape Phase II. As part of the design contract the architect prepared the plans and provided an estimated cost of $288,000. These design plans were submitted to the County Purchasing Department where the bid documents were prepared for the competitive bid process. A copy of the County's purchasing policy for the Competitive Bid Process has been included in your agenda. The Bid was posted on October 1, 2002 and bid notices were sent to fifty-two (52) vendors. The Bid opening was held on November 22, 2002, proposals were received from Villa and Son's, Inc., Hannula, Inc and Valley Crest. Valley Crest's proposal was considered non-responsive because they failed to include the required bid bond. Staff has evaluated the proposals and included in your agenda is a comparison of Villa and Son's proposal for Phase II and the Phase I proposal from Valley Crest who was the low bidder for that Phase. This comparison was calculated based on the price per square foot with staff comments as to the applicability of the this form of analysis. GENERAL PROJECT ITEMS: The amount bid for Phase II is comparatively Iow and it is likely the apparent low bidder included some of the cost of these items elsewhere in the bid. For example, the Phase I bidder included mobilization costs in the bid, which allows the bidder to recoup these mobilization costs early in the job, however the Phase II bidder did not include any funds in the bid for mobilization, which indicates that this cost is included in other line items in the bid. Additionally, the cost of the Maintenance of Traffic amount is low for Phase II, and in practice, the cost of the Maintenance of Traffic plan for Phase II should be relatively consistent with the U.S. 41 Median Landscape January 2, 2003 Page 2 1611 cost of the Phase I bid. This difference has caused Purchasing to request from the apparent low bidder, the proposed Maintenance of Traffic plan, to insure that the plan meets the requirements of the Collier County Ordinance. Overall, we would expect the cost per square foot for General Project Terms to be substantially higher for Phase II over Phase I. SITE DEMOLITION, PREPARATION AND DISPOSAL Consistent bids - no additional analysis required INSTALLED SITE MATERIALS If reviewed on a per square foot basis, these items account for approximately $17,500.00 in total costs over the total costs for Phase I. Although no specific reasons can be provided in this evaluation, a general statement can be considered that some of the actual costs of the General Project Items are in all likelihood included in these Installed Site Material line items. PLANT MATERIALS If reviewed on a per square foot basis, these items account for approximately $27,200.00 in total costs over the total costs for Phase I. The review of these line items do not lend themselves to a per square foot review, and are better reviewed based on the unit prices of the materials themselves. In reviewing the bids, based on the unit prices for Phase I and Phase II, the bid prices are consistent, and generally in line with the unit prices we would have expected for Phase II. Additionally, we noted that the design of Phase II is slightly denser than Phase I, and Phase II includes approximately $5,000.00 in Foxtail Palms, which are not included in the Phase I area. IRRIGATION MATERIALS If reviewed on a per square foot basis, these items account for approximately $78,490.00 in total costs over the total costs for Phase I. The review of these line items do not lend themselves to a per square foot review, and are better reviewed based on the unit prices of the materials themselves, and most importantly, the actual design of the irrigation system required for the Phase II. In reviewing the unit cost prices for each of the items, in aggregate, the unit prices are consistent, and generally in line with the unit prices we would have expected for Phase II, with the exception of the underground electrical service feed and associated wiring and conduit. The contractor has been requested to provide an analysis of this cost, and staff will provide the Board with the contractor's analysis, once this item is received. Additionally, the design of the Phase II project is consistent with Phase I, and although the total square feet is substantially lower for Phase II, the length of the project is similar, and therefore the actual length of the irrigation main is similar for both phases, and with the substantial difference in the width of the median for Phase II, the design required the use of spray heads, which increase both the number of heads required for Phase II, and a corresponding increase in cost. 1611 VI. COMPETITIVE BID PROCESS Any purchase of commodities or services costing in excess of the formal competitive threshold shall be accomplished by competitive sealed bid, by competitive selection and negotiation (per section VII) or by competitive proposals (per section VIII). Award of Bid Contract shall be made by the Board to the lowest, qualified and responsive bidder except where otherwise provided for in this policy or unless an exception is granted by the Board. Bid limits for requirements utilizing federal or state funds will be those required by said agency granting the funds or the County's requirements, whichever takes precedence. A. Notice Invitinq Bids: Announcement: Notice inviting bids shall be publicly posted by the Purchasing Department in a consistent public location at least ten (10)days preceding the last day established for the receipt of bid proposals. Bids may be solicited and/or received in one or more steps as permitted by law and deemed appropriate by the Purchasing Director. Scope of Notice: The public notice required herein shall include a general description of the commodities/services to be purchased or sold, shall state where bid instructions and specifications may be secured, and the time and place for opening bids. o Bidders' List: The Director shall also solicit sealed bids from qualified prospective vendors/contractors who have requested their names be placed on a "bidders' list", which the Director shall maintain, by sending them a copy of such a notice as will acquaint them with the proposed purchase or sale. Invitations sent to the vendors/contractors on the bidders' list shall be limited to commodities or services that are similar in character and ordinarily handled by the trade group to which the invitations are sent. Vendors/contractors may be removed from the bidders' list by the Director for continual non-response to bid requests. o Bid Deposits: When deemed necessary by the Director, bid deposits shall be prescribed in the public notices inviting bids. Said deposits shall be in the amount equal to five percent of the bid submitted. The Director shall have the authority to return the deposits of all bidders prior to award of bid contract by the Board of County Commissioners. A successful bidder shall forfeit any deposit required by the Director upon failure on the vendor's part to enter into a contract within ten (10) working days after written notice of award. 1611 Bid Addenda: An addendum to a specification shall be defined as an addition or change in the already prepared specifications for which an invitation has been mailed for formal quotations or an announcement has been posted for a formal sealed bid. Any addendum to a request for formal sealed bids shall be approved by the Department Director or designee and the Purchasing Director. The addendum shall clearly point out any addition or change to the invitation for bids. The Purchasing Department shall be responsible for insuring that all prospective bidders who have received specifications are notified of the addendum in writing prior to opening of bids. B. Procedure for Bids: Sealed Bids: Sealed bids shall be submitted to the Director and shall be clearly identified as bids on the outside of the sealed envelope. Openin.q: Bids shall be opened publicly at the time and place stated in the public notices and shall be witnessed and certified by the Purchasing Department. 3. Tabulation: A tabulation of all bids received shall be made by the Purchasing Department and shall be available for public inspection. Tie Bids: Where there are Iow tie bids, the award process shall first be subject to Section 287.017, F.S. Should a tie still exist among two or more bidders and if the purchase is funded in whole or in part with interagency grant funds, the tie shall be broken in accordance with the grant conditions or the grantor agency's procedure governing such matters. If no interagency grant funds are appropriated for the purchase and any one of the Iow qualified vendors has a principal place of business located in Collier County, the bid shall be awarded to the local bidder. D. Rejection Of Bids And Neqotiation: 1. The Board Of County Commissioners shall have the authority to reject any and all bids. If the lowest, qualified responsive bid exceeds the budgeted amount and if the purchase is not funded in whole or in part with interagency grant dollars, the Purchasing Director may negotiate changes with the apparent lowest qualified and responsive bidder that will bring prices into budgeted limits subject to the final Eo approval and acceptance of the Board. If the budgeted amount includes grant funds, the Purchasing Director shall be authorized to conduct such negotiations provided said actions are not prohibited by law or the grant conditions. If no bid is received, the Board of County Commissioners may authorize the Purchasing Director to purchase by negotiation under conditions most favorable to the public interest and when said purchase will result in the lowest ultimate cost of the commodities or services obtained. Waiver Of Irreqularities: The Board of County Commissioners shall have the authority to waive any and all irregularities in any and all formal bids. Award Of Bid Contract: The Chairman, when authorized by majodty vote of the Board or as otherwise provided for in this policy, shall execute formal contracts having a binding effect upon the County. Formal, bilateral contracts shall not be required where a purchase order is sufficient. A formal contract shall be awarded by the Board Of County Commissioners to the lowest qualified and responsive bidder. In addition to the price shall be considered the following: 1. The ability, capacity and skill of the bidder to perform the contract. The ability of the bidder to perform the contract within the time required or the least time, if appropriate, without delay or interference. 3. The experience and efficiency of the bidder. 4. The quality and performance of previous contracts awarded to the bidder. 5. The previous and existing compliance by the bidder with laws and ordinances relating to the contract. 6. The quality, availability and adaptability of the commodities or contractual services to the particular use required. 7. The ability of the bidder to provide future maintenance and service (where applicable). All recommendations for award for bid contract will be reviewed and approved by the Purchasing Director prior to presentation to the Board of County Commissioners. 1611 Bidders competing for a prospective bid award (and their agents/representatives) will not be permitted to publicly or privately address the Board regarding a prospective purchase prior to the time of award unless requested to do so by the Purchasing Director or by a majority vote of the Board. U.S. 41 Median Landscape Phase I and II Com rison Phase I Phase II ~)ifference Valley Crest Villa Betweem Proiect Area ScI. Ft. 154638 54450 Phase I & II Proiect Area Acres 3.55 1.25 I. General Proiect Items Pa~nent and Performance Bond $1,300.00' $1,300.00 Mobilization $18,378.11 ($18,378.11 ) Maintenance of Traffic $42,561.33 $6,000.00 ($36,561.33) As-built Plans $948.79 $500.00 ($448.79) 90 Day Warranty $3,000.00 $3,000.00 Sub-Total $61,888.23 $10,800.00 ($51,088.23) Sub-Total Cost/Scl. Ft. $0.40. $0.20 ($0.20) II. Site Demolition, Preparation and Di~rnosal Remove Existing Soil $15,557.06 $12,020.00 ($3,537.06) Quantity/Unit Cost 2986 $12.60 1 $12,020.00 Remove Existing Asphalt $14,500.20 $95.00 ($14,405.20) Quantity/Unit cost 780 $2.90 1 $95.00 Remove Existing Curbing $3,463.92 ($3,463.92) Clear & Grub Existing Material $1,584.09 ($1,584.09) Sub-Total $35,105.27 $12,115.00 ($22,990.27) Sub-Total Cost/Scl. Ft. $0.23 $0.22 ($0.01) III. Installed Site Materials Off Site Topsoil Installed & Graded $11,160.75 $211.00 ($10,949.75) Quantity/Unit Cost 1941 $5.75 10 $21.10 Planting Bed Rototilling $4,330.00 $4,330.00 Quantity/Unit Cost Royal Palm Mix Installed $2,096.00 $1,240.00 ($856.00) Quantity/Unit Cost 80 $26.20 20 $62.00 Tree's Shrubs & Ground Cover Soil Mix $20,970.51 $12,375.00 ($8,595.51) Quantity/Unit Cost 1749 $11.99 300 $41.25 Install FDOT Type "A" Curb & Gutter ($72,636 *) $0.00 * Quantity/Unit Cost 6670 $10.89, Decorative Pavers Sand Set $6,637.78 $1,050.00 ($5,587.78) Quantity/Unit Cost 1346 $4.93 150 $7.00 Mulch $31,572.06 $19,430.00 ($12,142.06) Quantity/Unit Cost 663 $47.62 290 $67.00 Asphalt Paving $2,852.28 ($2,852.28): Quantity/Unit Cost 1668 $1.71 Excavation and Removal of soil/Limestone $120.00 $120.00 Quantity/Unit Cost 10 $12.00 On-site Cut and Fill per plans $5,400.00 $5,400.00 Quantity/Unit Cost 1 $5,400.00 Sub-Total $75,289.38 $44,156.00 ($31,133.38) Sub-Total Cost/Scl. Ft. $0.49 $0.81 $0.32 · Curbing Deleted for Comparison Purposes 1611 Phase I Phase II Valley Crest Villa IV. Plant Materials !Live Oak $23,089.20 $12,700.00 ($10,389.20) Quantib//Unit Cost 40 $577.23 20 $635.00 Florida Royal Palm $16,013.20 $4,880.00 ($11,133.20) Quantity/Unit Cost 40 $400.33 8 $610.00 Cabbage Palm $6,121.17 $6,408.00 $286.83 Quantity/Unit Cost 33 $185.49 36 $178.00 Foxtail Palms $5,076.00 $5,076.00 Quantity/Unit Cost 12 12 $423.00 Cassia $8,971.17 $6,262.00 ($2,709.17) Quantity/Unit Cost 39 $230.03 31 $202.00 Allamanda $7,369.60 $1,850.00 ($5,519.60) Quantity/Unit Cost 1120 $6.58 250 $7.40 Bougainvillea $15,770.25 $6,474.00 ($9,296.25) Quantity/Unit Cost 1935 $8.15 830 $7.80 Muhly Grass $4,018.50 $4,018.50 Quantity/Unit Cost 570 $7.05 Spider Lily $1,164.15 $1,164.15 Quantity/Unit Cost 117 $9.95 Indian Hawthorne $4,388.40 $5,281.25 $892.85 Quantity/Unit Cost 636 $6.90 625 $8.45 Juniper $18,823.20 $9,234.00 ($9,589.20) Quantity/Unit Cost 2728 $6.90; 1140 $8.10 St Augustine-Floritam Sod $19,631.70 $6,357.69 ($13,274.01) Quantity/UnitCost 65439 $0.30 23547 $0.27 Sub-Total $120,177.89 $69,705.59 ($50,472.30) Sub-Total Cost/Sq. Ft. $0.78 $1.28 $0.50 V. Irri~lation Materials Irrigation System Source $2,400.00 $2,400.00 Quantity/Unit Cost 2 $1,200.00 2" Backflow Preventer $1,517.56 $3,950.00 $2,432.44 Quantity/Unit Cost 2 $758.78 2 $1,975.00 0-1000 PSI Pressure Gauge $158.70 $170.00 $11.30 Quantity/Unit Cost 2 $79.35 2 $85.00 Motorola MR5000-1 16 Station Controller $872.26 ($872.26) Quantity/Unit Cost! Motorola Scorpio V-2 16 Station Irrigation System $872.26 $1,900.00 $1,027.74 Quantity/Unit Cost 1 2 $950.00 Hardware ,connections and all materials $4,585.36 ($4,585.36) Quantity/Unit Cost 2 $2,292.68 Bermad 910-P 2" valve $1,298.28 $1,600.00 $301.72 Quantity/Unit Cost 2 $649.14 2 $800.00 Rain Sensors - Weather Station $137.33 $420.00 $282.67 Quantity/Unit Cost 2 $210.00 6" class 150 Sleeves $19,074.00 $8,250.00 ($10,824.00) Quantity/Unit Cost 600 $31.79 275 $30.00 ($1.79) ( V. Irrigation Materials- Con't) Phase I Phase II Valley Crest Villa 4" Sleeves $4,525,00 $4,525.00 Quantity/Unit Cost 181 $25.00 ~2" Class 150 Pipe $1,900.80 ($1,900.80) Quantity/Unit Cost 160 $11.88 $0.00 3" Class 200 gasketed Main Line $31,405.75 $28,736.25 ($2,669.50) Quantity/Unit Cost 6725 $4.67 5925 $4.85 2.5" Class 200 gasketed Main Line $960.50 $960.50 Quantity/Unit Cost 226 $4.25 Irrigation main line blow off points $818.88 $380.00 ($438.88) Quantity/Unit Cost' 4 $204.72 4 $95.00 0-100 PSI pressure ~lauges $670.08 $510.00 ($160.08) Quantity/Unit Cost 8 $83.76. 6 $85.00 Red & White 3" Gate Valves $2,047.32 $750.00' ($1,297.32) Quantity/Unit Cost 11 $186.12 6 $125.00 Nelson 7644 1" Quick Couplincj Valve $3,472.80 $2,760.00 ($712.80) Quantity/Unit Cost 30 $115.76 23 $120.00 Nelson 7641 Quick Coupling Valave $403.90 $300.00 ($103.90) Quantity/Unit Cost 7 $57.70 6 $50.00 Toro 220-227x5.25:220 $7,683.20 $9,165.00 $1,481.80 Quantity/Unit Cost 32 $240.10 39 $235.00 Toro XP3408-00-02 $13,107.68 ($13,107.68) Quantity/Unit Cost 272 $51.15 Toro 570Z-PRX-12P, Toro 570PRX $18,416.92 $19,698.00 $1,281.08 Quantity/Unit Cost. 626 $29.42 588 $33.50 Toro 570Z-PRX-06P, Toro 570PRX $6,130.50 $6,130.50 Quantity/Unit Cost $30.50 Toro FB-100PC, 1GPM or FB-50-PC $995.94, $924.00 ($71.94) Quantity/Unit Cost 66 $15.09 44 $21.00 Green Reflective Marker $446.08 $620.00 $173.92 Quantity/Unit Cost 64 $6.97 62 $10.00 Underground Electric ServiceFeed $22,000.00 $22,000.00 Quantity/Unit Cost 2 $11,000.00 Install Electric Wiring & Conduit $1,000.00 $1,000.00 Quantity/Unit Cost $5.00 Sub-Total $109,885.10 $117,149.25 $7,264.15 Sub-Total Cost/Sq. Ft. $0.71 $2.15 Total $402,345.87 $253,925.84 ($148,420.03) Total Cost/ScI. Ft. $2.60 $4.66 $2.06 I Bid Tabulation U. S. 41 Phase II gl 1611 Ii ol i : 16 iai i 161! iI I 1611 1611~., Bid Tabulation U. S. 41 Phase I PELICAN BAY SERVICES DIVISION SITE DEVELOPMENT AND PLAN SUBMITTAL MANUAL FEBRUARY 1992 (RELEASE 1) TABLE OF CONTENTS SECTION I INTRODUCTION TO PELICAN BAY SERVICES DIVISION A. Description B. Purpose of the Manual C. Revisions to the Manual II DEFINITIONS III GENERAL REQUIREMENTS A. Administrative B. Plan Preparation, Submittal, and Review IV UTILITIES REQUIREMENTS A. General D. Water Management and Drainage Systems Appendix 'A' - Project Summary Appendix 'B' - Plan Submittal Checklist Appendix 'C' - Certification Checklist PAGE I-1 to I-3 III-1 to III-lO IV-1 TO IV-20 A-1 A-2 to A-3 A-4 SECTION ! INTRODUCTION TO PELICAN BAY SERVICES DIVISION DESCRIPTION 1611 The Pelican Bay Services Division, formerly known as the Pelican Bay Improvement District, herein called the "Division", Pelican Bay which include master drainage facilities street lighting, pn~l~ ~~,~ .... ~...~ , ...... ' .......... =, ..... , w~stcwater tr~a~ne, an~ ~rrigation-water. The Division is charged with the expansion, operation, and maintenance of these systems. During the initial construction phase of Pelican Bay, the Division constructed master drainage facilities street lighting, and ut~ ~'- ' ..... us. These systems are phased to meet the growth within Pelican Bay. The master drainage facilities include a network of interconnected water detention areas which collect run-off from surrounding developed areas. The run-off is stored and treated to meet water quality and quantity standards. Eventually the run-off is discharged to the Clam Bay estuary system via control structures. The Division,s street lighting system is a series of overhead lamps which are designed to illuminate the roadways and common areas within Pelican Bay. Thc water and -was4~-ewat-e~--syst-ems--i4%e~u~e sewage =-i .... . ........ = ....... P~t~ potable u~- - iz ~i~ation supply and d' · k~-_ ~st~~.. facilities. Pot~ from an ,,-E-~r~ ~r~elH ~~~~ ,,~ . ~ ..... "~ ~ fir~J.~h~~scs and is not h11man ~nn~l]mp~ mn_ .r~~~~~ap~ · A'ne uu~t= ~f t,h~ wa~~as~:atcr syutcms ~ pai~ for ~-~ cc ...... b~~a~ish~ ~,, the Division a~ a~z oved by- the ~t4-~r~eh~.y ..P c r_rd ~* ~ .... ,.,, revenues -c--ssa-- t ~~~ti I-1 -"= ............. = .................. c .... service .................... ~rr. The costs of the water management and street lighting systems are paid by annual tax levies which are included on each County tax bill. A ~o: tion ~Z thi~ tax ~ ................. .............. ~'BB2~ The remainder is for the operating and maintenance expenses for the system. PURPOSE OF THE MANUAL The purpose of this manual Project Engineer through construction plan submittal this manual includes: is to guide the Developer and the site development and process. Information within - General information regarding the Division - Administrative procedures - General requirements for engineering plan preparation and construction including drainage, pct:blc - Establish a certification and record drawing procedure to insure compliance with Division criteria and requirements The manual addresses Division requirements for multi-family housing Group Types II, III, IV, and Commercial (Comm). A separate Division publication entitled, Pelican Bay Services Division, Development Procedure Manual for Group I Units, (February 1992) is available for Developers and Contractors involved in Group I (Single Family) units. Occasionally, unusual design and construction circumstances will arise which are not covered by this manual. In this situation, it is the Developer,s or Project Engineer,s responsibility to contact the Division prior to design or construction and obtain a policy or criteria for these unusual circumstances. This manual supersedes all previous manuals. It is the Developer,s or Project Engineer's responsibility to ensure the use of this manual during plan preparation, submittal, and construction certification process. Ce Revision Date and Manual Release Type Date Number REVISIONS TO THE MANUAL 1611 A manual entitled "Site Development and Plan Submittal Procedure Manual" (date unknown) was prepared for the Pelican Bay Improvement District, by Post, Buckley, Schuh & Jernigan and was used until August 1988. In August 1988, the District released a revised manual entitled "Site Development and Plan Submittal Manual" (August 1988) prepared by Wilson, Miller, Barton, Soll& Peek, Inc. The remainder of this subsection is devoted to documentation of revisions to the August 1988 manual as given in Table 1. Major revisions to the Manual are given a new date of release. Subsequent minor revisions are given release number. TABLE 1 Revisions to the Auqust 1988 Manual August August 1 1988 1988 (Major) General Description General revisions to entire Manual. May 1989 May 1 (Major) 1989 Clarification of language and definitions, update fee schedule (Table 2), add Appendix 'C', add and refine water management criteria. November May 2 1989 1989 (Minor) February May 3 1990 1989 (Minor) Add subsection IC entitled 1989 Revisions to the Manual, add Table 1, change Table 1 and 2 to 2 and 3, update new Table 2 (rates and charges). Revised definitions f. and q., Section II, added landscape irrigation systems to paragraph 3, page IV-17. May May 1 1990 1990 (Major) June May 2 1990 1990 (Minor) February February 1992 1992 (Major) Revised drainage and irrigation requirements. Added restricted use of wastewater system. Revised language on pages III-l, IV-3 and IV-8 per District Board of Supervisors. Changed "Pelican Bay Improvement District" to "Pelican Bay Services Division". END OF SECTION I I-3 SECTION II DEFINITIONS 1611 Whenever the terms are used in the "Site Development and Plan Submittal Manual", the meaning shall be interpreted as follows: a. ASTM: American Society for Testing and Materials. b. AW-WA: American Water Works Association. Ce Builder or Contractor/Subcontractor: Person or persons hired by the Owner to construct the proposed project. de Conservation Area: An area designated by plat and/or easement for the purpose of conservation of natural vegetation, wildlife habitat, and natural resources. Se Developer or Owner: Person or corporation purchasing property for the purpose of development. f. Division: The Pelican Bay Services Division. ge Division Enqineer: Wilson, Miller, Barton, & Peek, Inc. 3200 Bailey Lane at Airport Road, Naples, Florida 33942. The Division Engineer is employed by the Division. he Division Facilities Map: Map of generalized locations within Pelican Bay of Division facilities including water, sewer, drainage and roadway lighting utilities, and conservation, utility, and drainage easements. Division Representative: An employee of the Division or the Division Engineer assigned to the project to make observations of the work performed by the Builder or Contractor and who reports to the Division Manager. j · Drainaqe Easement: An document for the facilities. area designated by plat and/or easement purpose of surface water management Drainaqe Easement Modification: A modification of an existing Division drainage easement, whereby the Owner grants a revised drainage easement to the Division to replace areas, within the existing easement, necessary for the project development. no t® w® "1611 FDOT: Florida Department of Transportation. Hardwood Hammock: An area designated by plat and/or easement for the purpose of preservation of hardwood hammock habitat. N.G.V.D.: National Geodetic Vertical Datum. Owner's Aqent or Owner ReDresentative: An authorized repre- sentative of the Owner assigned the responsibility of project construction management. Owner's Association: The legal entity of the individual owners of the project, who have the responsibility for the maintenance and repair of certain facilities within their property. Pelican Bay: A Planned Unit Development (PUD) subdivision of Collier County, Florida (Ordinance 77-18). Plan: Detailed description of the existing and proposed improvements as presented by the Developer or his Project Engineer which shall include, but not be limited.to, project summary, construction plans, construction specifications, construction information, legal descriptions and sketches, or other information or documents pertinent to the development. Project Enqineer: A Registered Professional Engineer in the State of Florida as employed by the Owner or Developer who is responsible for the project design, specifications, and permitting including, but not limited to, water, sewer, paving, and drainage and observation and certification of construction of said project thereof. PBSD: The Pelican Bay Services Division. Record Drawings: Drawings, as furnished by the Contractor or Developer, showing all changes and deviations from the intent of the approved construction drawings which were made during construction. Water Manaqement Facilities (Areas): Areas designed, developed, and maintained for the purpose of surface water management as approved by the South Florida Water Management District. Westinqhouse Communities of Naples (WCN): developers of Pelican Bay. Original owners and END OF SECTION II II-2 SECTION III GENERAL REQUIREMENTS 1611 A. ADMINISTRATIVE The Division Engineer is charged with, among other things, the review of construction plans and appropriate specifications prepared for the purposes of connection to the Division's facilities. Approval for construction will be given by the Division after satisfactory review of the construction plans and specifications by both the Division staff and Division Engineer. The Pelican Bay Services Division is responsible for the administration, operation, and maintenance of Division's facilities. The Division's administrative office and operations building are located within Pelican Bay. All correspondence, inquiries, fees, etc. should be directed to the following address: Pelican Bay Services Division 801 Laurel Oak Drive, Suite 510 Naples, Florida 33963 Ph. (813) 597-1749 Field Operations facility: Utility Site 6200 Watergate Way Naples, Florida 33963 Ph. (813) 597-2265 Emergency Service: Phone (813) 597-2265 2. Group Descriptions Pelican Bay is being developed in accordance with Collier County's PUD ordinance with the following housing types: Residential Housing Group Single Family I Townhouse, Villa II Garden, Hi-rise Apartment III Multi-story IV Commercial Comm III-1 3. Payment of Rates, Charges, Fees, and Deposits 1611 ~ch~rges, f~es, and deposits are charged by the ~'_l~v~~utillty connections, water meter deposits, monthly servl~ construction plan review. Connection, system development, an~d~me~r use fees are required on a per unit b~ commercial~/~ Di~sion also maintains ~ ea~h U~~c~-a water use performance guarantee is required for modification o ~ o~ connection to Division drainage facilities. ~q~.charges, fees, and deposits are payable prior to recking building permit(s) from Collier County and upon applica~n to the Division for service. If, in the event the Develo~ receives a building permit from Collier CoUnty prior to paint of all applicable charges, fees, and deposits, then~t~ amounts charged by the Division shall be based upon the c~ent schedule in effect at the time ~i~_ ~orA ~rv~is made to the Division. Also, Collier County Ordinance~-ll2 requires that all Group II, III, ~IV and Commercial parc~t~ submit a sewer reservation capacity letter from the-servin~uti~ity. This letter will ~sion onl~ uP~-~ayment of charges, fees~ivi~ion~- accordance with ~catthe ti~ o~~lication for service- of or connection to Division drainage faciii~ie~-~~~d prior to approval of construction drawings and speclficatlo . Schedules for Rates, Charges, Fees, and Deposits a.-~9~-and Sewer - Schedules for rates charges fees and ~epo~i~~wer_ - , , , services are given in Table z. un,ess o~nerwlse nO~~ned · n the previous sub-section. b. Plan Review - A schedule for plan review fees is given in Table 3. These fees are payable as outlined in the previous sub-section. c. Water Management and Drainaqe - If the project requires a temporary or permanent modification of and/or connection to Division drainage facilities (See Section IV.D), the Developer will be required to post a cash deposit or other surety depending upon the type of construction. For projects that connect to and require a temporary modification of existing Division drainage facilities, the Developer will be required to post a $1,000 cash deposit with the Division as security for any damage to the drainage facilities. If, in the event construction III-2 practices of the Developer endanger the lv~iln 1 drainage facilities, the Developer will forfeit the $1,000 as a fine and be required to pay all restoration costs incurred by the Division for restoring the facilities to a condition equal to that which existed prior to construction. In the event there is no damage to Division facilities, upon the Developer,s receipt of a Certificate of Occupancy from the County, and the Division,s acceptance of the facilities, the Division will refund the $1,000 deposit. For projects that require a permanent modification to existing Division drainage facilities, the Developer will be required to post with the Division a performance guarantee in an amount equal to 100 percent of the estimated construction cost of the modification. The estimated construction cost will be determined by the Project Engineer based on a detailed opinion of probable cost, a copy of which shall be provided to the Division. The performance guarantee requirement for a permanent modification will be waived providing surety is posted with Collier County under Ordinance 88-26. The waiver will be granted only upon written confirmation to the Division from Collier County that surety has been or will be posted. When required by the Division, the performance guarantee shall be posted in one of the following forms: i. a cash deposit or Certificate of Deposit assigned to the Division or, ii. an irrevocable Letter of Credit or, iii. a Performance Bond issued by a Florida registered Surety Company having a Best's rating of A+. Said Bond shall be cancelable only upon a written 60 day advance notice given the Division. Unless otherwise approved by the Division, Certificate Assignments, Performance Bonds, or Letters of Credit shall be documented on forms to be provided by the Division. Ail performance guarantees shall be kept in continuous effect and shall not be allowed to terminate without the written consent of the Division. III-3 1611 Should the Division find it necessary to utilize the performance guarantee or security to undertake any corrective work on the excavation, or to complete the drainage work under the approved construction plans, or to correct any off-site impacts of the drainage work, the Developer shall be financially responsible for all legal fees and associated costs incurred by the Division in recovering its expenses from the firm, corporation, or institution that provided the performance guarantee or surety. Permits Prior to the beginning of construction, the developer shall obtain and pay for all permits required for the construction of the proposed improvements. GROUP TYPE I II III IV Comm a = $ per acre SYSTEM iENT CHARGES ~,EQUIVALENT METER SIZE RESIDENTIAL CONNECT~ NS CHARGE (IN.) ,.'PER METER SIZE / 5/8 // 1 195.00 3/4 / I 195.00 1 / 2.5 487.50 1 1/4 4 780.00 1 1/2 5 975.00 2 / 10 ~950. oo 3 20 3,~00.00 4 30 5,8~0.00 11( 100 19,50~.00 175 34,12b~00 10 275 53,625.~0 475 92,625.~X 16ll TABL__E2 / PELICAN BAY SERVICES DIVISION / E O~-----~-~-~~F~TIES ~'~VIC~ Effective October 1, 1989 SYSTEM METER CONNECTION~ DEVELOPMENT USE / METER cmmGE \ Cm~GE cmm~ / DEPOSIT 2,980.00 ~ 195.00 250r60 75.00 2,250.00 ~ 195.00 25~00 60.00 12,940.00a (So~ below) A~o~ual Cost 431.25a III-5 TABLE 2 (cont.) CAPACITY Potable Water 5 Wastewater 7. Irrigation: Group I 33.56 it Group II 11.68 Group III 5.84/ Group IV 5.11/Unit Commercial 12.40/ERU Golf Course 4,322.25 $ PER 1,000 GAL. COMMODITY I 1,000 GAL. COMMODITY II 1.25 N/A 0.74 N/A 0.97 2.17 0.9' 2.17 0 2.17 2.17 ..97 2.17 0.52 2.17 Monthly Allocation Group I Group II Group III Group IV Commercial Golf Course NOTES: 1) Comm( Commodity II 0 gal. 57,201 gal. and above 0 600 gal. 26,601 gal. and above 0 8,800 gal. 8,801 gal. and above - 8,400 gal. 401 gal. and above - 3,425 gal./ERU ~26 gal./ERU and above 0 - 31,000,000 gal. 31 00,001 gal. and above The capacity charges for e water, wastewater and 'ation water go into effect ' . the payment of the conl n and/or system development charg~. 2) ~e irrigation capacity charge would only g~into effect if the total irrigation bill at the Commodity ~rate is less than the capacity fee. In this event, the D~ision would charge only the capacity fee for irrigation servi~e and there would be no additional charges under the Commodity~ rate. ERU = EQUIVALENT RESIDENTIAL UNIT IS A FACTOR OF 5.75 TIMES THE NUMBER OF GROSS PARCEL ACRES. Iii-6 TABLE 3 PELICAN BAY SERVICES DIVISION FEE SCHEDULE FOR PLAN REVIEW 1611 GROUP TYPE II III IV Drainage Easement Modification Resubmittal Review FEE (S_PER REVIEW) 750 750 750 1000 (5 acres or less) plus 100 for every acre over 5 400 500 (per resubmittal) NOTES: 1) All fees change. 2) Commercial and charges above are current and are subject to acreage in excess of 5 acres shall be rounded to the next highest whole acre. 3) One pre-design conference is included in the first review fee. III-7 B. PLAN PREPARATION, SUBMITTAL, AND REVIEW 1611 1. Site Plan Approval Prior to construction plan submission to the Division, the Developer is required to obtain site plan approval from Westinghouse Communities of Naples. Construction plans will not be reviewed by the Division until site plan approval is given. 2. Pre-Design Conference If desired, the Division Staff and Division Engineer will meet with the Developer and/or the Project Engineer to review the concept of the water, sewer, paving, and drainage design for the project. This review can help the Project Engineer understand the design criteria for connection to the Division facilities and often times prevents delays in the review and approval process. A pre-design review meeting must be scheduled through the Division office. 3. Plan Preparation Upon site plan approval by Westinghouse Communities of Naples, the developer shall prepare for submission to the Division four (4) sets of the following: - Project summary (See Appendix 'A') - Plan submittal checklist (See Appendix 'B') - Proof of site plan approval - Construction plans - Construction specifications - Landscape irrigation plans - Landscape planting and grading plans - Drainage easement modifications (if needed) - Necessary reports and calculations Ail of the above drawings and documents must be completed in full and together shall constitute a complete plan submittal. The forms given in Appendices 'A' and 'B' must be used in the submittal. The construction plans shall include the necessary information to allow for a review of grading, drainage, and ......... at one time. Construction requirements are given in Section IV. Ccn~-tructicn specifications £u£ the installation and testing of drainage, '~atar, &nd ~wer -~-~-----...- shall be submitted for review and shall follow the requirements of the Division where applicable. Only those specifications which are required in Section IV need be submitted. Also required are construction plans for the landscape irrigation system to check for compliance with the requirements found in Section IV.B. III-8 The construction plans for size drainage, gradi , utilities shall be prepared by a Professional Engineer registered in the State of Florida in accordance with the provisions of Chapter 471, Florida Statutes. The seal, signature, and title block of the engineer preparing the plans shall be shown thereon. When there is a potential conflict between an existing Division drainage and/or utility easements and the proposed land plan, an easement modification shall be requested by the developer and reviewed and approved by the Collier County Board of County Commissioners prior to the start of construction. A Division facilities map is available at the Division office which illustrates the Division easements. Plan approval will not be granted by the Division until the easement modification is resolved by the Division Collier County Board of County Commissioners at a regularly scheduled meeting. The following drawings and documents are required for an easement modification: - Legal description and sketch for vacation of existing easement; - Legal description and sketch for grant'of proposed easement; The legal descriptions and sketches shall be prepared by a Professional Land Surveyor registered in the State of Florida. The seal, signature, and title block of the land surveyor preparing the legal description and sketch shall appear thereon. The bounds of the existing and proposed easements shall be shown on the construction plans in sufficient detail to show their relationship with the proposed improvements. The plans shall show the bounds of all hardwood hammocks, conservation areas, and wetlands regardless of whether or not they are located in a Division drainage easements. For drainage easement modifications, the Division Staff, Division Engineer, PBMSTU/BU Advisory Committee, and Collier County Board of County Commissioners will review each case individually with respect to its ability to properly operate and maintain its drainage facilities, and the decision whether or not to grant an easement modification or vacation will be entirely at the discretion of the Division. FURTHERMORE, SUCH FACTORS AS AESTHETICS AND PRESERVATION OF NATURAL VEGETATION, WILDLIFE HABITAT, AND WETLANDS WILL BE CONSIDERED BY THE DIVISION. A landscaping plan for the project shall be prepared by landscape architect licensed in the State of Florida. This plan shall show all plantings, gradings, fountains, etc. As defined by Collier County Ordinance, all exotic vegetation shall be removed from the project. III-9 4. Plan Submittal and Review 1611 Upon plan completion, the Developer shall submit to the Division four (4) sets of the drawings and documents (plan submittal) listed in Section III.B.3. Incomplete plan submittals will be returned to the Developer. Upon receipt of a complete plan submittal, both the Division Staff and Division Engineer will review the submittal in accordance with the criteria in the manual. If the plan submittal is not in accordance with the Division's criteria, then a letter and one (1) plan submittal which outlines the deficiencies will be returned to the Developer. Four (4) sets of the corrected plan submittal shall be submitted for re-review. Upon satisfactory review, seven (7) sets of plan submittals shall be submitted to the Division for the placement of approval stamps. Two (2) approved sets will be returned to the Developer. Certification of Construction The Project Engineer upon completion of construction of the project shall certify to the Division that the project was constructed in general accordance with the Division approved plans and specifications. This certification shall include but not be limited to the following: - construction of ~ ..... ~ .... .... , ........ ~ ~c~;cr, storm drainage, paving, earthwork, and landscape irrigation - that there has been no encroachment into Division drainage easements, including any hardwood hammocks or conservation areas, contained within said easements, other than those encroachments approved by the Division as shown on the approved project construction drawings. This "no encroachment" certification shall be included on the post-construction boundary survey. Signed and sealed record drawings and the post-construction boundary survey of the project shall accompany the certification. Water service shall be withheld until satisfactory submission of the certification, record drawings, and boundary survey. END OF SECTION III III-10 1611 SECTION IV ~ UTILITIES REQUIREMENTS All projects~within Pelican Bay are required ~o connect to the Division wateR, sewer, and drainage systems./'Connection points are supplied t~ most platted project sites/ Upon request, the Divis~n will f~rnish plans showing the lOcation of existing utiliti~ in t~e area being developed. Water quality information is als~available. The design of th% project utilit~s shall follow sound engineering practice, ,the requirements/contained herein, and the applicable requiremehts of the ~llier County Subdivision Regulations and the s~ate of Florida. Where indicated herein, the Project Engineer ~nd Contractor shall follow the given specifications. This do~s not a~leviate the Project Engineer from responsibility for ~e preparation of full construction specifications. The Project :'Engineer shall certify to the Division that all utilities/ constructed under the Project Engineer's design and directX'on were constructed in accordance with the approved plans .~ specifications as outlined in Section III.5. / Temporary potable water/ connections may be allowed for sales trailers or other no~-permanentkuses. All associated costs shall be borne by the~eveloper. / The Project Engine~. or Contractor sh~ll notify the Division at least 48 hours ~ior to each of t~ following events. The Division shall w~ess each event: 1. Commencement. of.Construction 2. Potable ~.irrigation systems .... - Con~ection to Division facilities; - Thrust block inspection; - P~ess~re test; - ~lushing;. - Chlorination;. Irrigation system inspection. 3 ;ewater system - Connection to Division facilities; - Lamping mains and manhole inspection; - Infiltration and exfiltration tests. IV-1 Be service meter. Water for any public ownership meter. BLE AND IRRIGATION WATER SYSTEMS water system is a dual supply system. main is available for domestic service and an ( ~table) main is available for irrigation Each project will be supplied with and master meter, and one irrigation servi~ %al meters may be requested for fire flow will not be metered and sha er purpose. Both meters shall -of-way or a Division utility eas maintained by 161! igation and fire potable and master designs. not be used within · Division maintenance shall extend up and include the ities beyond this point be owned and Developer, or the Owner's iation. The water ~ Engineer will be for purpose of by the Project follows: Potable Water Irrigation Water to 70 psi (normal) 85 psi (maximum) 20 psi (minimum) 85 to 100 psi (normal) 125 psi (maximum) 20 psi (minimum) The following criteria struction of all potable systems: 1. The following minimum a. Potable - The deliver a used for the design and con- irrigation water distribution iteria~hall be used for design: n % ~ystem' shall be designed to of 300 ~s per day per unit with a be peak factor of 0. Fire Flow Irriqation - The ~'stribution system shall be designe to simUltaneously deliver both fire and peak irrigation/ flows. Separate distribution systems where fire ~l~w is delivered by an u~metered system and irrigat~n is delivered by a metered s~stem is acceptable. Fire ~ow shall be determined by th~ authority having juris~ction. Irrigation flow shall ~be determined as out~ed in Section IV.B.7.c. ~ Th~ design of the fire flow delivery system,s a critical l~n~ in ~h? fire protection system. The des~n of this ~ystem shall be in accordance wit~ the criterl~ set forth by the authority having jurisdiction. It is r~ommended that the delivery system be designed by a compe~nt Fire protection Engineer. ~ IV-2 i611 ach lve t inst~ each bui required / dwelling unit shall have a potable wJter shut-off which is readily accessible on the e m of the and shall be permanently marked respective number. Building which have three o] more habitable ~es will be required to have blow-offs .led on the top of each potable wat, riser. The will include permanent access ar drain system for ,low-off. At the discretion of the District, which have two habitable or less may be ~o have blow-offs. 2. The following laterials shall be specl .ed: a. Ductile Iron Pol' Chlorid~ 4 Inch or Larger Ductile Iron )e shall be cer lly cast of 60-42-10 iron and shal conform to C-151 (ANSI A 21.51), latest revision Minimum thi~,=~ class shall be Class 51 or as st The pipe/shall be cement lined with a double thickness ~ lining and interior seal coated in accordance with ~ C-lg4 (ANSI A 21.4). The pipe exterior shall be c~ /with a minimum of one (1) mil thickness bituminous . Polyvinyl Chloride Pi meet the re¢ thickness class st Polyvinyl chloride shall meet the thickness class shall be monolithi joints shall be (PVC) for potable service shall of AWWA C-900. The minimum ~e C-900 Class 150 (DR-18). C) for irrigation only service of ASTM D-2241. The minimum be psi (DR-21). The pipe bell and inte¢ 1 to the pipe barrel. Pipe type. Pipe materials fire flow se by the Engine , the authority the applicabl, codes. ice shall be determined jurisdiction, and b. Pol~ chloride shall latest rE welded Pipe 3 Inch or pe (PVC) for potable the requirements of ASTM · Pipe joints shall be )es. r - Polyvinyl irrigation service 1 or ASTM D-1785, or solvent Ce - Fittings for pipe 4 inch or cast iron or ductile iron, mechanical j have a minimum rated working pressure an~ ~. conform to AWWA C-110. Fittings t~ckness cement lined, interior seal coated, b/tuminous coated. 'er shall be Fittings 250 psi, be double exterior IV-3 1611 fittings for ASTM D-2241 and ASTM D-1785 PVC ch or smaller, shall be PVC push-on, ~ed types. pipe, weld, d. Gate 'alves 4" or 'er - Gate valves sh~ 1 be the resili~ t seal type conforming to AWWA C-509. Engineer. materials shall be specified the Project 3. The following ,nstruction methods shall be a. Workmanship neat and industry stal commendations, required. All construction sh~ nlike manner in st ards and the ept where more re: performed in a com~ with lrer's re- m standards are b. Pipe - The instal accordance with Ductile Cast Iron installation of accordance with the recommendation and in Construction of the Un Handbook of PVC Pipe, or ~tion of duc' iron pipe shall be in C-600: llation .of Gray and Mai Appurtenances. The pipe shall be in manufacturer's installation lance with Chapter VI, Bell Plastic Pipe Association edition. 4. Group II, III, IV, and color coded identificati and fire lines and a tape ~cial projects shall provide all potable, irrigation, follows: Use Ta Color Se Potable ue .on: Potable Water ~uried Below Irrigation Orange Cauti~ : Irrigation Water Combination Line 'ied Below Irrigation Yellow Cautio .k. Irrigation Water Line Buried Below Fire Only. Orange Caution: ~rrigation Water . ./~ Line Burie~el°w The iden/if tape shall be installed in a~cordance with the m~fac' .recommendations. k All /~.otab~,, irrigation, and fire service con~ctions to exi~t.ing .Division mains shall be made under the ~pervision of/Division. Permanent connection will not be alld~ed until t~ ~?m~l~tion of construction, flushing, pressure ~esting, ~n~nd ~ls~ni,disinfection ..... of the proposed services.~e Wherea~vaWhere a valved stub om a D~v~s~on ma~n ~s not available, Develope~Shall hot tap the appropriate Division main. If a master meter is required, the Developer shall install a meter and back, low assembly in accordance with the Collier County Utility IV-4 1611 tion the pro will all the co Immediatel~ spool ~ allow a preventer the service. between the shall be made as ditch below the the spool piece chlorine and r installation of s and disinfection shall Contractor shall maintain an air gap the connection point on the Division' service. For flushing purposes, the the insertion of a line size spool point and the beginning of after flushing, the Contractor For disinfection purposes, the jumper meter with double the connection point and ion of the point and the bec as possible of the pipe. 1on points n. All o , instal] supervise, and Division between service. 1 remove the ~n will back-flow beginning of spool piece of the service levels in the to installation, 1 be swabbed with a ns involving the of a jumper meter, by the Division. 6. Ail potable, ' ' and diameter and larger shal be disinfected as follows: water lines 2 inches in , pressure, tested, and a. Flushing - All water sand and other forei¢ flushing water shall Flushing shall be tE Project Engineer. TI flushing water witl damage. shall be flushed to remove all · The velocity of the least 4-feet per second. at the direction of the Conl shall dispose of the cay ~g a nuisance or property b. Hydrostatic 1) All testi~ blocking is used co must test: fill~ of te the fittings expelled water. shall be done !ter concrete thrust in ~ and set. high-early strength may be 48 hours after the is placed; otherwise .st block concrete 5 days before pressure test ng commences. In , the part of the system ur r test shall be with water and subjected to a 50 pounds per square inch. The in sections, thereby testing closure. While the system is be. be carefully and completely air vents are not located at all Contractor shall install corporation and valves at such points so the as the pipe system is slowly pressure · ' shall be ch valve for filled, air If points, ~tops or can be with IV-5 2 Test east en 11 pressure shall be maintained by pump 3 hours and until all sections unde checked for evidence of leakage. not exceed that specified below. be corrected regardless of total 1 1611 for at test have of loss le leaks shown by 3) All all shall pressure presence gauges and measuring , installed and operated equipment and devices an approved by the Pro leakage testing an authorized Developer. shall be Contractor and their installation Engineer. Ail be done in the ive of the 4) Water for Contractor from and flushi~ source apt shall be provided by the by the Division. c. Allowable Limits tests shall be ~ installation, or until the leakage is le hour as determined by tht The hydrostatic pressure inabove specified and no f, will be acceptable than the number of gallons per ~ormula: in which, L = SD 1332 L = Allowable , in S = Length of tested in D = Pipe in inches P = Average pressure du ' Dns per hour test, in psi gauge For a 1000' segment of n pressure of .50 psi, the following ~d an average test may be used: Pipe Allowable Pipe (D) Leakage (L) Diameter Inches Gal/Hr. Inches Allowable Leakage (L) Gal/Hr. 6 8 10 12 0.18 14 0.37 16 0.55 18 0.74 20 0.92 24 1.10 30 1.29 47 66 1 4 2. 2.7 IV-6 lea~age f~r large mains when approved~y the Project Engineer.. ~ d' D--isinfectioB1)Before an~ortions of the potabl o/r irrigation water distribution. ~ystems are. to be aced in service, it shall be disinfected in ac with the require- ments of AWWA S~cification C ; and its disinfection shall be demo~trated by bacteriological test conducted in ac~rdance w~ "Standard Methods for Examination of Wate~and S~ 'e" for the coli-aerogenes group, by an approved lal , acceptable to the Project Engineer and County Health Department having jurisdiction irrigation system shall only need to satisfy the 1 coliform requirements for the bacteriological test/ 2) The disinfecting ~ent be free chlorine in aqueous solution,/with concentration for 12 hours or more of/not less 50 parts per million. Chlorine may by/derived chlorine gas, or 65 per cent (high /~est) hypochlorite (HTH or Perchloron, o? equal), may be by any of the several~ethods described in Standard C 601 as proposed ~,~ the Contractor and a roved by the Project Engineer./Proposals as to method st be made prior to commencement of the disinfection . / 3) Following contact with chlorine soi ~ion, the system shall/ be thoroughly flushed out and . ~les then taken usi~ ~sterile containers. Samples shal~be taken by a c~ified laboratory for analysis. ~__~ 4) ~f samples do not demonstrate satisfactory 'esults the /disinfection procedure shall be repeated~until two / series of satisfactory samples are obtained, t~e period / between such series of samples to be a minimum of twenty-four hours. \ IV-7 I1 Division's irrigation system utilizes a combi] ion of wel ,ater and treated effluent for all irriga on needs Pelican Bay. The use of treated effluent ~cessitates the ~rict enforcement of certain regulations a: promulgated by Florida Department of Environmental Regulation. Irrigat in plans will be reviewed by the D. ' n and the Division Engineer for compliance, and plan a ~roval will not be until all regulations are me' In addition, irrigation meters will not be installed u the Division inspects approves the constructed irri system. The following and regulations s 1 be used in the design of the '.rrigation system. a. C] .on Control - A direct or .rect hydraulic and non-~ (irrigation) circumstances Cross-connection control sha] Backflow Prevent and Cros~ latest revision, control nection is any n between potable sources. Under no Is be permitted. follow AWWA Manual M14, ion Control Manual, prevent cross-connections the following shall be followed. constant pressure outlined in Section attachments are not potable hose bibbs loc~ back-flow preventers allowed within patios, and out potable and ' requirements inspections. Certificate potable water This and result: Department each unit is will be made conveyed to the .rement~ and construction practices and irrigation lines under identified with marking tape as iV.B.4. Hose bibs or other lowed on irrigation lines. All outdoors shall have appropriate ation lines shall not be s including garages, Connections to existing ~ation ~nes shall follow the Section IV including Division Co~ County will issue a , the '.vision must verify the taminated. conductivity analysis Building Inspection b. Irri¢ designE not rstem Desiqn - S~ , installed, and adjusted such a potable water source production, spray overlap, and s impervious areas. Where possible, he~ drip irrigation, and sub-surface b~ used. The use of mist heads which n is not recommended and shall be avo irrigation methods can be emplo sensor (Rainbird Rain Check, or equal) shall be with the irrigation system so that irrigation be conserved. The sensor should be o maintained in accordance with the recommendations. Site grading shall be of irrigation water will not occur. heads shall be at the spray does to minimize application rotor stream Lgation shall aerosol other A rain .nstalled ~er will and [rer's such that ding IV-8 e taken 1 e deal n 1 1 hn~ '~tr}~fa~!~!n !~sftemtle d~D} ' i~' tlete~att~se criteria. T~e irrigation plans shall a table of all sprlnkle~heads and other lrr ~ion devices which gives total ~irrigated acreage, manufacturer, individual flow~ in gallons per , and the total daily ap~ in gallons per and inches per day. In addition, irrigation pl ~s shall show, in plan view, the covera¢ of each irri~ device as given by the manufacturer. d. Acknowledqments - irrigation system plans, the designer of the system shall prepare and submit to the Division ~.a ~etter of acknowledgment which states that he understands that treated effluent is being used for irrigation water ~ all reasonable attempts were made to design the J~ IV.B.7.b. In addit included under the eneral system plans: / "The source of irrigation caution shal~/be used to accordance ~ AWWA Manual M14, Cross-Connection Control Manual. in accordance with Section following note shall be )tee within the irrigation is treated effluent and t cross-connections in ackflow Prevention and 1 irrigation devices shall be adjusted to minimize overla aerosol spray." / 8. The fire ~ow distribution system ~ be designed to deliver t~e required flow, as determin by the Project Engineer/and the authority having jurisdict ~n, at a minimum residua~ pressure of 20 pounds per square n~h. Fire flow will ~t be. metered and may be taken from t~e irrigation syste~ p. rovided the irrigation feeder is si~ed for both irr~ation and fire flow and a detector che~ meter is in,al.led upstream of the irrigation discharge points. o~herwise the fire main must tap the irrigation~ire main pstream of the projectts irrigation meter. ~ IV-9 Ce ER SYSTEM The and pump unless ownership upstream of easement, or beyond this ~ or the Owner's .on's wastewater system is a network of g~ mains tions. Connection to the system shall by gravity approved by the Division. Division maintenance of the sanitary sew, system ends ~e trunk collection system, D n utility specified by the Division. Ir ~rnal facilities be owned and maintaine by the Developer The following construction of all ia shall be used the design and collection ,stems: 1. The following minimum ~riteria shall used for design: The collection system per day per unit with a full. Lift stations approved by the Division. 1 be de: ~k fact. ned to flow 300 gallons of 4.0 with the pipe half allowed unless otherwise 2. The following are restricted is of the wastewater system: a. The Developer shall discharged any unpol groundwater, roof ru] pool drains and fil sewer. , discharge, ge or cause to be such as stormwater, · face drainage, swimming or cooling water to any b. The Developer discharged any to any sewer: not dischar¢ the following descr or cause to be waters or wastes 1) 2) Any benzene, naphtha, fuel \oil, or other fla or explosive liquid, solid, or ~s. Any rs containing toxic or poison~s solids, liqu or gases in sufficient quantity, either singly or / interaction with other wastes, to i%Djure or in ~ e with any waste treatment process, constitute hazard to humans or animals, create a ~ublic san. e, or create any hazard in the receiving w~ers the wastewater treatment plant. ~ IV-10 infectious agents and biolo¢ , including culture dishes and devices; ~ organs, and b~dy parts; products; "sharps" used needles, syringe~, and animal carcasses,.~issues, by humans or animals ' wards; unused, disc~rded \ c. The following ~ waste shall be limited quantities which wastewater treatment an adverse effect the otherwise endange constitute a nuisa waste, such as tissues, human blood and blood patient care, such as )el blades; contaminated bedding; wastes generated in disease isolation ~s, materials, water or discharges to concentrations or ~ harm either the sewers, or equipment, will not have \ effluent or will not lives limb, public property, or 1) Wastewater ha a fifty (150 irees Fahrer at the influent exceed d four (104) higher than one hundred or which will cause the to a treatment plant to rees Fahrenheit. 2) Wastewa containing more t~ n twenty-five (25) millig~ms per liter of ~ il, nonbio- degradable cutting oils, or ct of mineral oil orig.i/n. / 3) Wa~ewater containing more than hundred (100) mYlligrams per liter of oils, fat or ~.ase. / 4 )/Any_ garbage that has not been pro )~ly shredded. / Garbage grinders may be connected to sarkitary~ sewers / from hOmes, hotels, institutions, ~estaurants, / hospitals, catering establishments, or si~lar places / where garbage originates from the preparation of food / in .kitchens for the purpose of consumpti~D on the / premises or when serviced by caterers. \~ IV-ii ~ 5 ,er million or milligrams per liter) Silver~/ 0.10; .rium, 5.0; Tin, 1.0; Iron, 2.0; Phenol, 0.2 , 0 .5; Boron, 1.0; Manganese, 1.0; Lead, 0.1 0. )5; Nickel, 0.4; Zinc, 1.0; Copper, 0. 0. Total Chrome, 1.8; Selinium, 0.0~ 250; and any substance or combination redu the BOD by ten (10) percent wi as a followi 0.0; Rhenium, Strontium, pesticides, change the State, or material. In addition, are: Antimony, 0.0; Ber 0.0; Cyanide, 0.0: 0.0; Tellurium, 0.0; 0.0; herbicides, 0.0; 0.0. The Division rE imits from time to 1 requirements. Mercury, Cadnium, Chlorides, f that considered for the 0.0; Bismuth, .m, 0.0; ion, 0.0; icides, 0.0; and the right to based on Federal, 6) Any waters substances the Division r wastes ing limits 'er or his CO: g odor-producing .ch may be established by 7) Any radioactive concentrations as compliance with regulations. es or .cable of such half-life or limits established in State .or Federal 8) Quantities of flow :oncentrations or both which constitute a "slug" led as any discharge of water or wastewater whi concentration of any given constituent or i y of flow exceeds for any period of durati longer fifteen (15) minutes more than five times average twenty-four hour concentration flow during ,rmal operation and shall adversely a~ the col ~ction system and/or performance the wastewater ilities. 9) Waters amenable treati treatme] treatm~ of ot] the or treatement or reduct processes employed, only to such degree plant effluent cannot meet agencies having jurisdiction ~ waters. containing ances which are not by the wastewater are amenable to t the wastewater the requirements er discharge to 10) water or wastes which, by inte with other or wastes in the sewer system, ;e obnoxious , form solids which interfere with collection , or create a condition deleterious to tructures and treatment processes. Wastewater containing constituents in concer which are in excess of the concentrations normal wastewater (250 mg/1 BOD and TSS, 30 mc 15 mg/1 phosphorous.) 'ations for TKN, IV-12 b~discharged to the sewers, which waters contain the sub- stances or possess the characteristics enumerate above and \ in the judgment of the Division Mar g or his stafJ may have a deleterious effect upon the ~ter facili processes, equipment or receiving , or which create a hazard to life or itute a public sance, the Division may: 1) Reject the 2) Require ~reatment to an acceptab, condition for discharge to .e sewers. 3) Require cot over the and rates of discharge. Pretreatment or flow ~ualization the opinion of the ion Ma~ necessary for the pro handl. wastes entering the te~ If of waste flows is ~ the plants and equipment approval of the Division Man~ be provided when, in ~ or his staff, they are of restricted waters or ~tment or.equalization design and installation of subject to the review and r or his staff. e. Grease, oil, and sand inte ors shall be provided for any commercial or hotel use , in the opinion of the Division Manager or his/ staff, are necessary for the proper handling of liquid wastes ining floatable grease in excess amounts, san/,~ or other ~armful ingredients. All interceptors shall b_e/.of a type a Rapacity approved by the Division Manager or,is staff, and h~ll be located as to be readily and easily/~ccessible for leaning and inspection. In the maintainin~ of these intercept~s the Developer or owner shall be /responsible for the ~oper removal and disposal by appropriate means of the cap,red material and shall mainta,i~r.ec.ords o.f the dates, and ~ans of disposal which are su~ect .to re_view by the Division~Manager or his staff. Any/removal and hauling of the collected materials not performed by owner' s personnel must be~ performed by current.ly/icensed waste disposal firm. ~ f. Wastewa~er_ sampling chambers shall be provided w~en, in the opinio~ of~ the Division Manager or his staff,~they are neces~ry to monitor compliance with the limita~ons to conc~htra_.tions or quantities of discharges. The l~ation, and/ confi.gu_ration of the sampling chamber, and sampling pr~gr.am shall be subject to review and approval by~ the D~vi.si.on Manager or his staff. The sampling program-s~all /~0nsist of a periodic sampling of the followin~o but is ~ / limited to: .... ~ ~ IV-13 \ 16 1) in gallons; 2) -day BOD in pounds; 3) ~nded solids in pounds, on a dry solids 4) phosphorus in pounds; 5) Total ijeldahl nitrogen in pounds; and 6) COD ~ounds. The certified and shall be period stated tests, or analysis shall be a laboratory certified in the submitted to the District the sampling program. , tested, and of Florida the specified Where grease )s, facilites, are provided or shall be mainta~ d effective operation expense. The right, upon the project and ins facilities. oil traps, san~ , pretreatment g facilitie~ or sampling chambers for any or wastes, they continuousl~ in satisfactory and the Dev, .oper or owner at his Manager c his staff shall have the of the per or owner, to enter ct and any other waste g. Accidental discharge of a waste to the sewer shall Division Manager or his (5) days with a writte measures to be taken to ~ or prohibited water or immediately reported to the and followed up within five it describing the cause and ~imilar future occurrences. h. The Division resel wastewater disposa2 owner (customer) the ~ces and the system wh~ to terminate water and .sconnect a Developer or the customer: 1) Discharges violation or in , waste, or permit issued by of this manual. tewater that is in approving authority 2 ) Disc in suf~ wastew. wastewater at an uncontrO quantity to cause an treatment system. variable rate me in the 3) a discharge of prohibited wastes the sewer. 3. The materials shall be specified: a Sewer Pipe & Fitting - Pipe and fittir polyvinyl chloride conforming to the latest re, ASTM D-3034, SDR 35. Other types of pipe and will be reviewed on a case by case basis. shall be sion of ttings IV-14 I6;1 anholes - Manholes shall be precast in sections a/d ~einforced in conformance with ASTM C-478. Minimum w~ll t~ickness shall be 8 inches. Joints shall be tongue,nd- groove sealed by a flexible bitumastic sealing mate/rial. ~an~ole connections shall be elastomeric connectio~ports pre-~ast into the manhole wall. All lifting h~les and connections shall be grouted with non-shrink ~ydraulic cem~n~ The entire interior and exterior su ~es of the manh~le~shall be coated with two coats of tar epoxy co~ting ~ a minimum thickness of 16 mils. ~ole rings and cover~ shall be traffic bearing grey ir The cover shall be s~id, indented with the words "el sewer", and shall ~be round. Invert channel b shall be smooth and \semi-circular in shape ng to the inside of adjacent sewer sections. 4. The following construction methods shall specified: a. Workmanship - All'construction s ~11 be performed in a neat and workmanlike manner in strict compliance with industry standards ~d the ma r's recommen- dations, except where more estrictive standards are required. b. Gravity Sewer Pipe - , PVC pipe shall be laid in accordance with D-2321 and "Chapter VI, Construction", Handboo of PVC Pipe, Desiqn and Construction, publish~. Uni-Bell Plastic Pipe Association, Latest R99isi and in accordance with the pipe manufacturer's/ ns and installation guide. c. Buildinq Service~x- Building 'ices shall be installed as shown on the/~onstruction and shall be plugged water tight./ 5. All gravity was~water systems shall be ~lushed and tested as follows: / . a. Flushinq/-,P~or to all tests, all g~vity lines and manhole~ shall be cleaned and flushed~ with a sewer clean~ ball °r high vel°city water jet b. ~. ~. The ~allowable limits of ~infil~ration or · exf~tration of leakage for the e~tire~sys~em or any p~ti~n thereof, ~ncluding house service lines,~shall not ~ceed ~a ra~ ~f 0.1 gallons per ~fo?t.~f pip~ 'per 24 //h~rs . ~for .a.ll.~izes of pipe throughout the syst~. The / all.ow,able.li~ts of infiltration or exfiltration of / manholes shall not exceed a rate of four gallon~\ per manhole per 24 hours. ~ IV-15 i611 nfiltration, if taken between any two adjacent , .all not exceed 0.1 gallon per 24 hours per of 'er for all sizes and all locations. This ing of s between adjacent manholes will not required t to localize the position of a leak in n of the that exceeds the allowable lea limit, or as cted by the Project Engineer. All of he system will be tested for ion and exf on, as directed by the Project ~ineer. Prior to test~ for infiltration, the s shall be pumped out so t~ normal infiltration cond .ons exist at the time of ~. The amounts infiltration or exfiltration shall be determined by g into or out of calibrated , or by other ap methods. The exfiltra~ portion of the being tes which will ~ a minimum connected to the ~t ~ there are no servi minimum difference crown of the highest level. test will be c ~ by filling the with water to a level on a service lateral 2-feet; or in the event in the test portion, a of 5-feet between the of the sewer and the test Tests shall be conduct~ exceeding three manho main~ sewer, or as Engineer. Tests s 1 hours. Where infi allowable limits pipe, joints, other ,n portions of the system not ~s or more than 1,000-feet of '.se directed by the Project · un continuouslyfor three exfiltration exceeds the .ed herein, the defective fau construction shall be located and rep~ portions cann~ and order to c Testing shall be by the Co ctor. If the defective be located, the shall remove as much of the as is necessary in to the s~ allowable limits. be performed as iob progresses and after 2,000-feet of are laid. The and under the tes~ as shall provide all water, and shall conduct all te: direction of the Project En¢ ion so its representative The Contractor shall dispose by the Division. .abor, equipment :lng required, ~r and notify can .witness the of ater IV-16 1611 D. WATER MANAGEMENT AND DRAINAGE SYSTEMS The Division's water management system consists of a network of lakes, swales, culverts, and detention areas designed and constructed under South Florida Water Management District (SFWMD) criteria. These water management facilities lie within either Division drainage easements'or platted rights-of-way and serve as the backbone stormwater collection and treatment system for all of Pelican Bay. Areas located outside of this system shall drain to the system. This sub-section addresses the criteria for the construction of water management and drainage facilities for projects loCated both within and without the Division water management system. It is the Developer's and Project Engineer's responsibility to determine the location of the project relative to the Division's system to determine the applicable criteria, and to determine whether or not a SFWMD construction permit is required. The design, construction, and acceptance criteria.for projects located within the Division's water management system is as follows: 1. Proposed drainage work within the Division's water management system is categorized as either temporary or permanent (or a combination of both) with each having different surety, design, and construction criteria. The Division will have the final decision on which category the work falls under. a. Temporary - Any excavation of, connection to, or modification of Division water management facilities which requires temporary excavation or relocation of said facilities. This includes trenching of drainage pipes, placement of headwalls, cofferdams, and minor reshaping or maintenance. The Developer shall return all temporary works to pre-construction conditions. b. Permanent - Any excavation of, connection to, or modification of Division water management facilities which results in a modification to the said facilities. This includes any new excavation, a modification to any existing excavation, or any modification to Division drainage facilities. The surety requirements for temporary or permanent given in Section III.A.4. The criteria for construction, and acceptance is as follows: work is design, IV-17 1611 c. Desiqn - The design of all excavations located within the Division's system shall conform to the requirements of the Pelican Bay Services Division, the South Florida Water Management District (SFWMD), and Collier County, where applicable. Most excavations shall require a Collier County excavation permit. The design of any excavation shall conform to the side slope and depth criteria as shown in Figure IV.1. Excavations shall maintain a minimum width of 70 feet and a minimum size of 2 acres measured at control elevation. Where additional or smaller excavations are desired by the Developer, maintenance of these lakes shall be at the expense of the Developer and subsequent property owner. Excavation depths shall be maximized to the extent allowed by code. The design of the excavation shall maximize wildlife habitat, desirable vegetation, and natural aesthetics. Storm drainage connections between excavations shall be located to maximize water flow through each excavation and to avoid stagnant areas. A Division drainage easement shall be provided with a minimum landward distance of twenty (20) feet from the control elevation and extending around the entire perimeter of the excavation. Where the design criteria of the Division cannot be met due to site constraints or the requirements of other agencies, the Division staff, Project Engineer and PBMSTU/BU Advisory Committee shall review the deviations with final resolution by the Collier County Board of County Commissioners. d. Construction - Construction of the excavation or modification shall be in accordance with the approved plans, specifi- cations, and permits. No change in excavation size, shape, depth, or bank slopes will be made without prior written approval of the Division and the~Collier County Board of County Commissioners. e. Acceptance - Subsequent to any permanent excavation or modification within the Division's system, the Engineer shall submit to the Division record drawings of the excavation and a certification to the Division that the excavation is in accordance with the approved plans. The record drawings shall show the Division drainage easement, the constructed top of bank, relative dimensions, and cross sections with elevations and computed side slopes. Written acceptance of the record drawings and certification is required prior to permanent water meter installation and issuance of a Certificate of Occupancy by Collier County. If the constructed excavation does not conform to the approved plans then either the excavation shall be modified to obtain conformance or the drainage easement shall be modified to conform with the excavation. The Division maintains the right to specify the final remedy. IV-18 1611 f. Drainaqe Easement Modification - Where proposed development overlaps existing Division drainage easement(s), a drainage easement modification is required as outlined in Section III.A.4. The design criteria for project drainage facilities shall be in accordance with the above requirements. 2. Proposed drainage work outside of the Division's management facilities shall conform to the following and construction criteria: water design a. Water Oualitv - Building sites within Parcel A and Parcel B of the plat of Pelican Bay, Unit I, shall detain the first one inch (1") of runoff within the site, prior to discharge into Division drainage facilities. All other building sites will not require on-site detention, but may discharge directly into Division drainage facilities. Construction, operation and maintenance of the internal site drainage facilities shall be the responsibility of the property owner. Discharge of sediments, turbidity, debris, or toxic, hazardous or otherwise noxious materials into lakes, ponds or other Division water management facilities during or after construction is prohibited. b. Project Drainaqe - Ail internal project drainage shall be detained/retained on-site and be routed to off-site drainage facilities acceptable to the Division. Off-site drainage discharging onto the project shall be documented and addressed on the construction plans. The project shall not adversely affect adjacent project drainage. If the project is located adjacent to a developed area, the construction plans shall show how the project's grading and drainage interfaces with the developed area. Ail internal project drainage systems shall be designed to offer protection from a minimum ten (10) year frequency storm, utilizing swales and/or piping. If an underground collection system is utilized, it shall be so designed that the elevation of the hydraulic gradient during a ten (10) year storm is never higher than the grate elevation at any inlet structure in the system. This requirement will be waived for inlet structures which are located outside of paved areas and which drain low lying areas. However, these low lying areas shall be bermed to at least the elevation of the hydraulic gradient for a ten (10) year storm for that inlet structure draining said area. If this criteria cannot be met, then peak attenuation through conventional detention methods utilizing SFWMD criteria shall be employed. Tailwater elevations shall be documented. Inlets shall be designed and spaced at such intervals to allow for acceptance of one hundred percent (100%) of the design runoff. Drainage calculations shall be submitted with all plans. IV-19 c. Drainaqe Pipes - The pipes shall be sloped and the structures channeled to develop sufficient scouring velocities to minimize sedimentation. The minimum pipe type and size used within the surface water collection system shall be reinforced concrete pipe, fifteen inches (15") in diameter or equivalent area, unless otherwise approved by the Division Engineer. All drainage pipes shall be fitted with headwalls, endwalls, inlets or other appropriate terminating and intermediate structures, approved by the Division Engineer. d. Pumpinq - Pumping into or out of lakes, ponds, or other Water Management areas will not be allowed unless authorized by the Division. If pumping is authorized, turbidity screening may be required to insure compliance with water quality standards. 3. No improvements other than grading, landscape irrigation systems, and landscape improvements shall be allowed within Division drainage easements. All proposed grading and sodding shall be shown on the site and/or landscaping plan and shall be approved by the Division prior to construction. END SECTION IV IV-20 Date: -,otl Project Name: Developer: Address: APPENDIX "A" Pelican Bay Services Division Project Summary Engineer: Address: Project Areas (ac) Total: Impervious: Pervious: Building: Lake: Irrigated: Group Type: No. of Units: A-1 1) 2) 3) Date: Project: 1611 APPENDIX "B" Pelican Bay Services Division Plan Submittal Checklist Proof of site plan approval by Westinghouse Communities of Naples Project summary (See Appendix 'A') Construction plans a) Project name, Developer, and Engineer. b) Location map illustrating the project within Pelican Bay and its proximity to established Division drainage facilities easements, and conservative areas. c) Scale, north arrow, and legend of all symbols used in plans. d) Existing topography over entire project with sufficient detail to establish drainage flow patterns. e) Existing utilities, rights-of-way, easements, and property lines located adjacent to and on the project. These features shall be properly identified, dimensioned, and referenced. f) Proposed utilities and easements including connection points to Division facilities. Details of utilities shall include, elevations, sizes, materials, and any notes needed for construction. g) Proposed land use data including an acreage inventory of total project, buildings, paving, recreational, water management, and total impervious. h) Drainage calculations in tabular form giving structure designations, pipe length, diameter, and roughness coefficient, contributing area, rainoff coefficient, rainfall intensity, time of concentration, inverts, pipe slope, hydraulic gradient, and water surface elevations. The drainage calcu- lations shall address off-site drainage (if any) entering the project and/or the drainage interface between the project and adjacent areas. Complete A-2 Proposed land use, group type, and number of units. 4. Construction Specifications o Construction plans for the irrigation system and letter of acknowledgment. 6. Landscape construction plans 7. Drainage easement modification (if required) Legal description and sketch for vacation of existing drainage easement b) Legal description and sketch for grant of proposed drainage easement Copy of modified SFWMD permit or application with permit drawings (only two copies of the SFWMD information need to be supplied) NOTE: See page III-10 for plan submittal procedures. A-3 9IIT/9310130(Y/4.MRS Date: Project: 1611 APPENDIX "C" PELICAN BAY SERVICES DIVISION CERTIFICATION CHECKLIST 1) 2) 3) Letter from Project Engineer certifying that the Division approved improvements were constructed in general accordance -with the approved plans and specifications Signed and sealed record drawings (2 sets). Signed and sealed post-construction boundary survey (for projects containing Division drainage and/or utility easements). MRS:2838 A-4 :1> C) r.-iO~ :~'7 0 Z --I 0 0 Z ~z II 0 Z I o I 0 Z l ZP1 0 z Or~ CAP D' ANTIBES :AT Prepared by: Q. Grady Minor & Associates, P.A. Civil Engineers · Land Surveyors · IN~nners 3800 Via Del Rey Bonita Springs, Florida 34134 (941) 947-1144 MAY, 2001 1611 [~'pose: Parameters: 1. 2. To determine the inside diameter of culverts to allow passage of storm water runoff without causing localized street flooding. The discharge elevation at CS-1 is set at 5.0' N.G.V.D. Design storm is the 1-hour, 10-year event with rainfall intensity of 3.25 inches/hour. Runoff from each sub-basin is determined by using the rational formula. Q= ACI Q incfs A in Acres C -- 0.65 (dense suburban residential areas) i = 3.25 inches/hours Hydraulic gradient is determined by the manning formula where Q =(cra/n) (R)2/3(S),/~ A. Conlxibuting flows to each catch basin were determined and calculations were performed for each mn of culvert. The following calculation sheet shows the catch basin number, contributing area flow thru the culvert between catch basin, diameter of the culvert, length of the culvert and tailwater elevation at the catch basin. In no case is the elevation at the catch basin above the crown of the road. F :UOB\FIDCI~ I:.lk'XkMWM\PI~ECALC STL. 1 Z m r'- 1611 1,611 Date: May 25~ 2001 APPENDIX "A" Pelican Bay Improvement District Project Summary Project Name: Waterpark Place at Pelican Bay - Cap d' Antibes Developer: Parcel "J" Joint Venture, Inc. 3470 Club Center Boulevard Naples, FL 34114 Q. Grad~ Minor & Associates, P.A. Address: Engineer: Address: 3800 Via Del Rey Bonita Springs, FL ·34134 Project Areas (ac) Total: 7.70 0.64 3.91 3.15 0 Impervious: Pervious: Building: Lake: N.o~ of Uni.ts:. i82 A-1 1611 11 1 L 1) 2) 3) Date: Ray 25~ 2001 Project.' Cap el' Ani:ibes APPENDIX "B" Pelican Bay Improvement District Plan Submittal Checklist Proof of site plan approval by Westinghouse A~-~_m%H~4c=-~f--N~l-es Collier County Project summary (See Appendix 'A') Construction plans a) b) c) d) e) f) g) h) i) Project name, Developer, and Engineer. Location map illustrating the project within Pelican Bay and its proximity to established District drainage facilities. Scale, north arrow, and legend of all symbols used in plans. Existing topography over entire project with sufficient detail to establish drainage flow patterns. Existing utilities, rights-of-way, easements, and property lines located adjacent to and on the project. These features shall be properly identified, dimensioned, and referenced. Proposed utilities and easements including connection points to District facilities. Details of utilities shall include, elevations, sizes, materials, and any notes needed for construction. Proposed land use data including an acreage inventory of ~otal project, buildings, paving, recreational, water management, and total impervious. Drainage calculations in tabular form giving structure designations, pipe length, diameter, and roughness coefficient, contributing area, rainoff coefficient, rainfall intensity, time of concentration, inverts, pipe slope, hydraulic gradient, and water surface elevations. Proposed land use, group type, and number of units. A-2 Complete" X X X X X X X X x x x 1611 4) Construction Specifications 5) Construction plans for the irrigation system and letter of acknowledgment- 6) Drainage easement modification (If required) a) Legal description and sketch for vacation of existing drainage easement b) Legal description and sketch for grant of proposed drainage easement NOTE: Four sets of the above submittal are required. X x N/A Prepared by: Q. Grady Minor & Associates, P.A. Civil Engineers · Land Surveyors · Planners 3800 Via Del Rey Bonita Springs, Florida 34134 PEL~C,,',.N E~Y SER'v~CES DtV1SK.~i,I (941) 947-1144 ~-,. ~--c.~.-="i ~',': ,'~ ~c'?:RD REVIEW ...... - -.. ~ .-:., %-., ..... ....q ,--n~7~rmance with the MAY, 2001 STAFF REVIEW ---'" PELICAN gA'( c.,=m, Tr'~ Dt.~.~.JON i,X~.vi~,.~ c:::.'..' ,-.,.. !611 STANDARD CONSTRUCTION SPECIFICATIONS FOR SITE DEVELOPMENT . , ;i: RELATED IMPROVEMENTS WI. THIN COLLIER COUNTY., FLORIDA Prepared by: Q. Grady lflinor ~z Associates, P.A. Civil Engineers · Land Surveyors 3800 Via Del Rey Bonita Springs, Florida 34134 (941) 947-1144 January 1991 Revised February, 1991 Revised January, 1998 F:\JOB\F[DCREEK\SCS 1611 '' JANUARY t991 Revised February, 1991 Revised January, 1998 Note To Contractor: All work shall comply with Collier County Subdivision Regulations, Collier County Utilities Standards and Procedures Ordinance, Collier County Public Rights-of-way Construction Standards Handbook, all as revised, these Standard Construction Specifications, any Special Construction Provisions and the approved construction drawings. In the event of any discrepancy between written specifications, the most stringent shall apply. In the event of any discrepancy'between written specifications and the approved construction plans, the approved construction plans shall apply. In the event of any discrepancy between specifications and special construction provisions, the special construction provisions shall apply. TABLE OF CONTENTS SECTION 11' SECTION 12' TECHNICAL STANDARDS FOR WASTEWATER FACILITIF_~* TECHNICAL STANDARDS FOR WATER TRANSMISSION AND DISTRIBUTION FACILITIES AND NON-POTABLE IRRIGATION SYSTEMS* SPECI~CATION:A EXCAVATION AND BACKFILL FOR BURIED PIPELINES SPECIFICATION: B CLEARING AND GRUBBING SPECIFICATION: C SPECIFICATION: D ROAD CONSTRUCTION STORM DRAINAGE *PER COLLIER COUNTY UTILITY ORDINANCE NO. 97-17 SECTION ELEVEN: TECHNICAL STANDARDS FOR WASTEWATER FACILITIES l 1. I General Thc following supplemental desik, n slzndaxds For sanit,~y includ~ in thc dcsi~ provide for unifo~i~ in milifi~ ~m~ion ~n Coili~ ~ ~ ~ ~c m elimim~ but shall supplemm~ ~he ~ine~s ~i~l ~ific~fiom. st~d~ds, set ronh h~cin, ~m ~se in the L~ or oc~ ~ ~in~ s~! gov~ unl~ specifically aulho~z~ to do o~ by thc Public Wo~ Admirer. ! 1. !. ! ~11 ~wer pi~, ma~al, ~uipmmt 1 i. 1.2 'All PVC sewer pip~ ~lh ~ ~d ~o~ m~ ~!1 ~ ~ in color or shall be cncas~ in grin ~lycthylcne bass. 11. !.~ Minimum ~v~ for fore md~ s~il ~ 30". M~im~ ~v~ s~ll ~ 48' afl~ final proj~t ~ding is ~mpl~e fore m~n shall be ~mm~ ~ssible using a 45 dc~ ~ing. 11.I.4 ~e minimum size Force main ~nv~ to ~c Bo~ s~ll ~ 4 inch diameter. I 1.2 Gravity Sewer Mains Ali 8r'avfty sewer mains constructed shall utilize pip~ meeting thc following specifications amd shall be a minimum of 8 inch diameter. Hydraulic Desi~,n Requirements - All gravity scu,'ers shall be designed to ~vc mc~ v¢locitics, when flowing fi~ll or hall'-~ull of not less th~n 2.0 fctt Ix:r second, b~ed"on M~rming's Formula. The Following al'c thc minimum allow:~blc design slopcs which may bc provided ['or each pipe size listed: l~{inimum Slope in F~! per 100 Feet: Sewer Si~¢ ~lop_e ~;cwer S;:e Slooe g snch 0.40 I~ inch O. 12 I0 snch 0 2g 21 ~h 0.21 I ~ inch 0 22 24 tach 0.08 de~i~n ~hqlcs ,Ilih~.¢d 1~1¢ ¢ompulall~n$ ~h~ll ROw tale. number ,~ ,:onlnhufln~ 1ourc~. minimum ~ m~lmum ~OWl ~licipllcd between manhole~ and the contending d~ of ~ow. vel~ul~ al mimmum ~ m~im~ Row condim)ns, recommended pipe slopes. ~tc. Special ~lcnlmn ~hall be tlven to 8tavi17 lin~ ,~h~ch fcce~vc :lows from sc~a~c ~r~sm~ssmn of f~umpm~ f~li~ie~. Due c~e shall be tak~ in ~hcse case~ [o ~nsure no surge-ch~ge condinen~ ~ do~lre~ due Io ~ceMive ra~s. Da~a summ~zmg [h~c computations shall ~ ~main~ in ~he hydraulic d~i~ addressed in Section 8.2.1. Undc~ no condi,e~ ~11 pi~ of a diamc~ct l~g~ th~ ncce~sa~ ~or prop~ hydnulic d~i~ bc pc~itl~ For u~ on ~y 11.2.1 Ductile [~n Pipe. Ali duclil~ ~n pi~ ~hall have a minimum thic~s ~nfo~ing to Prc~sur~ CI~ 150 ~ ~fi~ by thc tal~ re,sion to A~ CI50 for all installation in open, ~, ~n-~c ~. within ~c ~ ~d under pav~L minimum thic~css confo~ing to Cl~s 51 shall ~ utJl~ ~c En~n~t of R~rd shall r~ible for scl~fing Ibc pm~ cl~ ofpi~ bu~ on ~ l~in~ to ~ ~ter~ All pi~ shall have a minim~ ~Jle ~h of ~,~ PSL a mi~m~ ~cld ~ of 42,~ PSI, ~d a minimum elongation of I~ ~ ~ by A~A CISI, lar~ ~on. Ail pi~ shall have ~ cxt~or bitumino~ ~ating confo~ing to A~A CISI, lal~t ~Hsio~ Ail pi~ shall bc intcdor coa~ with a 20 mil to 40 mil thic~ ~elcnc ~ating in wilh ASTM 1248. Joims for d~tilc iron pipe s~ll ~ ~ of ~c slip~n ~, ~ng a single ~bbet g~kct or m~h~i~i joint ~ ~nfo~iqg to A~A CI 1 I, lal~ ~o~ ~cfilc pipc for ~W s~ applJ~o~ shall only ~ ~i~ ~ ~e ~n~ ~ · at C9~ PVC pipe, CI~ 150 or 2~, ~o~ ~ uri[~ ~m a ~1 ~i~ All nuu, ~iu, rctain~ fin~ ~d oth~ dg~ s~R ~ m~e of high s~ Iow alloy metal and shall bc suppli~ by thc pi~ m~ufac~. Ductilc iron pipc appmv~ for usc ~ sut~ a~vc s~ll ~ d~i~ in a~cc A~A Ci50, A~A C151 & ASTM A746. 11.2.2 Pol~nyl ~lohdc Pi~. All unp~d~ PVC pi~ shall ~ or ~c intg~l wall bcll ~d ~igol joint ~, w~ch m~u or ~c~ all ~uir~U set forth in AS~ D3034, lat~l r~siom Minimum wall thic~ ~11 mnfo~ to DR 35. Fittings shall bc made ofPVC pl~fic ~ dcfin~ by ~ SDR 26 1784, la~r mHsion, ductile m~h~ical joim A~A C153 or ~min~ joinu if ~ifi~ by thc Enginc~ Record. Flexible g~kct~ joinu shall bc compr~ion ~ conFo~in8 to A~ D3201, lar~t rcvision. Elasmmchc joint g~kcu shall confo~ to AS~ F477, lat~ revision. Ar all conflict crossings using 4'-12' substitute ~ PVC, Cl~s 2~, DR 14 ~d rot PVC pipe 16' and usc DR 25. Spccial pipe zdapl~ us~ to makc these co~r~ shall bc indicat~ by ~e ~d model number on thc cons~ction d~wings. 11.3 Fom: All scwagc fomc mains conslmctcd sh~ll utili:c pl~ mccting thc ~ollowing ~cofic~ons. bc sized ~o providc ~ dcs~r~ flushing vcl~i~ o(~o ~d onc-half(2-1~) Ccct per !7 pl.~si,c loc.it,Jr ,ape. ,,nprc~tnJtccl ';,th mc~Jl{,c ~{,n{m ~or P'/C p,~ and non.rn~or~ ,rrm p,pc, ~c IocJInr (ape shall hc placed ,n ,he p,pc trench jt one ( I ) F~( J~vc ,he mm orp~ and 13bclcd 'sewage Force mare.' ]M 8~nd ~ll ~Se mares shall bc mlcrconncc{cd Wilh a 8ravi~y sc*Ncr that system by usc of ~hc =~and=ds dluslraled on Dcz=l is made directly in a [c~inu=. upstream m~holc, Record can hydraulically dcmo~l~c ~ha[ ~[ion surge condition or dis~plion to thc flow within thc manhole shall be made usin~ a ~cx~ble ~1 w~[h iransi[ioning {o (hc manhole shall ~ d~i~ by thc ~n~n~r and dctail~ on thc ~nst~tion d~wings. ~11 co~tions o~ p~vatciy~ =d main~n~ D~t's force mai~ ~11 ~ ~nnm~ ~u~ s~cmre, u sho~ in Detail ~17, which shall al~w ~c o~ ~d shall be o~ ~d mainlain~ by [~ pm~ o~=. 1 !.3.1 ~uctilc iron ~i~ DKlilc iron pi~ s~l ~ ~ifi~ on~ ~e prior approval by the Count. All ~ucfile iron pi~ shall have PSi, a minimum ~eld stt~ o~42.~ PSi ~ min~ =iongalion of l~ u ~ by thc lat~{ A~A C151. ~ic~ s~ll ~ a m~m~ of~ C~ 2~0 u dcm by A~A C150. Interior =d ~or ~a~n8 s~ll ~ u ~ifi~ ~ p~ph ! 12.1 a~ tot ali pipe and tiltings. Pipe ~ fiKinp 8' in di~ct~ ~ ~ail~ shall ~ int~or ~a~ M~ a 12 mil ~hic~s coal t= ~xy ~adng. Pipe =d finin~ ;~ ~ lager shall ~ im~or ~l~ ~h a 20 mil to 40 mil t~ic~ ~lyc~hyl~c or 12 mil ~al AS~ 1248. All pipe shall ~vc = cxt~or bi~ino= ~adng ~nfo~ing la[~{ revision. Joints for duc~lc iron pi~ shall ci~h= ~ o~ ~c sli~on ~ ~8 a ~aglc . ~b~ 8ukct or m~h~i~! joi,~ ~nfo~in8 ~o A~A C11Z or ClJa. fiein~ shall bc ~cH~ m~e. [Km~ ~xy ~t~ ~dc =d bimmino= coa[~ ou~ for use in a ~w sewage cnvim~L All ac~al cmss{nss shall bc made using ~ CI~ ]J0 g=g~ pipe =d s~il bc coa[~ on Iht cxl~or using z ~i[ablc ~dc of ~ nuls ~d bol{s us~ in at,al cmuin~ shall be stainl~ Rcs~incd ~oint ~t[ings shall be ductile iron ~n of A~R C110 (wilh thc =xccpiion of thc m=ufacm~s prop~c[~ d~ dim~o=) =d cilhcr mechanical joint usin8 Mcsalu8 rclainct 81=~ or p=h~n joinu for such finings in accord~cc with .~.~ Clll or CIJ3. Push~n finin[s ~all ~ U.S. P;~ FLEX finings or equal. C200 shall )~c prov~(Ic~t. ~'hc pressure clus ~h~ll ~e 1~ '~h ~ O~ o(~ ~ ~/~ ~l~l~ll~~ whcr~ thc nominal Iyllcm opcra[~n8 prc~urc m~ I~s ~h~ ~0 PSI. Fo~ :nstallalion ~f4'.12' pm~ .with syIzcm pre,auto ~lcr th~ ~0 PSI. p~rc clu~ ~hall ~ 15Q wilh a OR o~ 18 a~ pi~ 16"-Z4' shall bc PR ~65, DR 25. Ou[s~dc di~ccc~ ~hall bc cqu~val~ to cu[ o~ duc[de p~pc o~ cbc I~c nominal ~izc. ~oinls bc~ccn succ~vc [cnglh of ~i~ ~VC pipe shall compression ~c using a singlc cl~[omc~c g~kc[, pc~ AS~ C.31~9 ~d F4~. Finin~ C9~ pipe 8 inc~ ~d smallct s~Ji ~ C9~ ~ PVC. Rossini ~all ~ pm~d~ hodzomal or vc~ical aJi~[ ch~g~ ~ing ~ni-g~gc ~c ~ll~, ~xy ~, .~ high s[~cngth, Iow alloy h~dw~ EB~ [~n Sal~ Z~. '~cgalug,' ~ni-~gc,' or Romac Inclusion, Inc. 'Grip ~ng.' Finings a~vc g inch shall ~nFo~ to ~hc ~ds in 11.3.1, ~til such ~mc that C~ ~t~ H~ings ~n siz~ I~ th~ 8 inch ~ availab[~ ~otc: All force main pipe i~tall~ ~d~ pav~ ~ or o~ ~ wh~ ~g ~ may shall be PVC, A~A-C~, DRI4, CI~ 2~ pi~, ~ ~i~ For pi~ 4'-12' orPR 165 for pip~ 16"-24". 11.3.3 Pi~ H~I~g, Stooge ~ I~llafio~ Pi~ h~dl~ ~o~ge, installation shall ~ ~n confo~c ~ Iht m~uf~r~s ~ificalio~. ~c~lc iron installation shall ~nFo~ to ~e p~ out1~n~ in '~ Guide [or ~c ~o~ of Iron Pipe.' available ~m thc Ductile ~n Pi~ R~h ~iatio~ 1~l]ad~ oEPVC ~w~ pipe ~d Force ma~n shall bc ~n a~ord~c ~th ~c pncti~ ~ntain~ ~ ~ ~232~ ! 1.3.4 Vaivin~ Va~, in su~ci~t a~, shall ~ ~Hd~ m a~ow ~nc i~ladon of s~agc ~smi~ion ~ to limit thc impact o[]ine br~. ~-~nc plug ~v~ bc pm~d~ at no ~tcr th~ l~f~t int~als or ~ Co~ ~ifi~fio~. ~ ~g valv~ on off-site ~o~c m~ns shaU ~ di~ ~ ~d appmv~ by ~c D~cnt prior to submi~i~ o~ ~ct~on d~um~u. ~!1 c~u~t 1i~ ~11 u~ valv~ ~d ~hc7 shall bc of ~hc r~ilicnt-~ w~gc ~c, ~n~o~n8 ~ A~A C5~. re,sion. ~11 valv~ shall bc ~mish~ ~ valve ~x~ c~din8 to fi~sh~ ~c. Valve .~sc~ shall be ~l iron ~11 d~ PVC ~ shall ~ bc ~. S~ ~I ~4 ~ ~p~ C for ~ical valve scrag sl~. All valv~ sh~l ~ ~ m~e. Vaiv~ sh~l have c~ i~a or duc~lc ~7. ductile iron valve d~ T~ 3~ s~inl~ steel valve shaR ~d sclf-lub~cating nyloa sl~vc ~ shaR b~nss. ~ ~Ivc ~sidon ~ica~or shall ~ ~mish~ ~or inslalla~on in ~ch valve ~x. Indictor shall ~ h~ly s~l~ ~or installation inside ~ ~t i~n valve box ~d shall show valve di~ ~sirio~ di~on o~ ~d number of roms ~om ~lly o~ncd m ~lly close. Indicator shall bc pm~d~ by ~c valve m~u~ac~rct, complclc. ~1~ valve, gate or plug. shall bc internally ~d ~t~a~ ~xy coa~cd. 1~.4 Bcddin8 ~d Backfill ~11 ~vl~ sewer inslallalio~s shal~ usc C1~s .~ B~ding ~ s~ in ~il ~tOP ~o. 9 (A~CE ~tOP 5~ ~hall bc u~ For ~I ~d pipe provided ~hc pmp~ ~cn~h ,llCt| '#,~h Ibc ~pcc;l~c(J hcd,lm~ tq ;upp~]n thc ,lc~l~fl I,Jd,J ~cddln~ Cli~ propcr ~trcn~th pipe ,s usc(J wtih thc $pcczficd bcddifl~ [o sup~n ibc dcs~' Io8d. ~Jc~shall 8~c~11 m~icn~l ~h~ll cons~[ of earth, loam. undy clay. s~d. ~vcl. c~shcd limestone or approved malcnal flee ~om debris, large cl~s or stoncs, ar~c malenal, or olhcr ~lmals '~hich may bc unsuitable. Backfill shall be placed in such a m~nct M not to dis~ thc ali~mcnt o~ the pipe u spccl~ed by thc pipe m~u(acmrcr or A~A. d~cndin pipe and joims uliliz~. Backfill shall be d~siled in 6' lay~ ~d c~lly depth of 12' over thc lop o~ thc pipe. ~c rcmaind~ oE ~c b~fill shall ~ laycm and ~horoughly tamp~ when not und~ ma~, ddv~ or ~kin~ ~. Settling backfill wilh watcr ~11 be pc~ilt~. Scc Detail S-2 in Ap~d~ C for ~ical ~din~ backfill stand,ds. Trenching ~[hin or across cxistin8 or pm~ madwa~ ~ail be b~tfill~ in 8' laycm ~d compact~ to their ~11 d~t~ Com~c~on shoe ~ 98% m~ifi~ d~ ~n~o~ce wilh thc lat~[ mvision of ~he ~oH~ D.O.T St~ S~fi~tio~ ~or 8~dse Construction ~d thc r~ui~mu of thc Co~ ~blic Wo~ Di~sio~ Ihe trench shall be shap~ ~d h~d ~mp~t~ to pm~dc · ~ ~ding for ~e u~li~ pipe b~cl ~d bell ~d. ~e pipe shall be fi~ly ~d~ ~ ~d~ fi~ ~il, ot ~.~ un, tiding matc~al s~ch u co~e s~d, ~sh~ ~k p~iag a onc~u~ inch ~cv~ or cmsh~ shell. ~e b~din8 s~il ~ sha~ ~ that thc pi~ MIl ~ in ~ntinuous ~aact thcr~ith ~or iU ~il Icng~ ~d shall pmHde a minimum ~m ~t ~n rot ~ pipe ~uai to a hcighl o[ one-fourth the nominal di~ of the pi~ a~ve iav~ B~din8 h~d compact~ prior to backfiilins. Unsuitable Soil Conditions: Soil ~suiablc f~ · pm~ pi~ foundation m~t~ at or below trench ~de, such ~ muck or othm dclct~o~ rent,aL s~ll ~ ~ov~ for ~c ~1~ width of thc trench ~d to the d~th r~ui~ to r~ch miublc Fo~dalion mat~al, unl~ ~al dcsi~ considc~tions r~civc prior approval ~m thc ~. Extra Bedding MatcHal: ~cn ~k or o[h~ no~ushionin~ mal~al is encount~ .~ench ~ade, cx~valion shall be ~t~d~ lo 6 ~ ~low ~c ou~dc o[ the ~om pipe, ~d a cushion o~ or suilablc cmsh~ ~k ~I! ~ pm~d~ !1.4.1 DcwaleHns. All pipin~ sh~l ~ Idd [aa ~ ~mch ~vatio~ olh~ise appmv~ by thc Count. D~a[c~n8 s~[~ shall ~ utili~ ~o~ sl~d~d practice ~d must bc c~cicnt moush to [ow~ ~c ~und wal~ [cvcl in ~v~ oF thc excavation ~d maintain il continuously ~o ~ ~c ~ch ~nom ~d sid~ ~ ~d d~. ~c scwcr syslcm under cons~ction shall not bc us~ u a conduit to rcmove ~ound~lm ~m thc pipe Ircnch. Wa~cr pumpcd or dmin~ ~om thc wo~ s~ll ~ ~dl~ in account with cuncn~ South FIo~da Wa[er ~(~ascmcnt Didact ~d Colli~ Co~ D~cnt ~l~agcmcnl talcs, rc~13lions pr~cdurcs ~d ~ a minim~ in ~ suilablc manner damage to adjacent propcny. [o work undcr construction or [o ~rcct pav~[s, p~ks or p~vatc propc~. Walcr shall not bc disch~scd onlo s~ccts withoul ~d~ua[c pm{~lion .10 conlatnln~ '~cttlc.~hlc $ohds ~hall ~c ,li~har~ ~nto ~ ~c'~c~ Afl~,~nd~'~l~ dc'~alcnn~ shall be prqmplly repaired hy ~hc Oevelop~r 4t his ~. All ~l~ t~uircd for ,Jcwalenng opcrallons ~h~ll he ,)blamed by Ihe Conlr=ctor ~nd ~ copy ~lcd 'a~lh iht Coumy. Nlanholcs ~hall be ~ns{allcd al Iht cad ~ach ~cwer mare. al all ¢hang~ in ~de, size. or horizontal alignment, ac ~11 m~in pipe ~ntc~tlons. ~nd shall bc ~accd al dis[~cm ~! ~lcr (hah 4BO Foci For sewers I 5' or less and 450 ~cct For sewers over I S inches in diatoms. All ends or thc ~vity collcctian main shall (c~inaic in a pr~t m~lc. Cl~uu ~ail not be pc~incd in lieu o~ retinal m~holcs u~m ~y ci~umstan~. ~hol~ s~ll ~ of thc pr~t concrete ~c, u(~lizin~ 4~ psi T~ 2 ccmcnL with a m[nimum wall inches, see Details S-3 and 54 in App~diz C For ~ical st~d~. U~ o~ alt~tc manhole must bc approv~ by thc Public Wo~s Di~sion. inlet ~ oullct pi~ ~11 ~ join~ to thc m~olcs with a g~kct~ flexible, ci~tomedc ~t-~c wa(~ighl ~do~ ail precor ma~olc ~scr s~lions s~li ~ ~!~ ~th R~-Ne~ KmI-S~, or ot~ ~blc ~bbcr or bituminous s~ling ~m~und. M~holc st~s ~I! ~t ~ ~. ~ly non-pencilling liR holes (~ough pr~t m~ho]~ will bc pc~i~ ~d ~11 scal~ with a non-shank ~ut. ~inimum i~idc diameter of ail m~hol~ shall ~ 4'~. A drop pipe shall be provid~,~or a sewer coting a m~holc at an elevation or24 i~h~ thc m~ole invert. Drop m~ol~ s~]l ~ cons~ct~ ~th ~ ou~id~ ~p ~on ~ing proper fittings. ~c entire outside drop co~tion shall ~ m~ in ~cte. in Appendix C ~or ~ical s~d~ in addition, ~ ~tb ch~el~ ~doa s~l ~ pmHd~ beacon all inv~ ~thin ~ch m~olc. All m~ole e~om sh~l (minimum 18 mils thick) with ~ a~tablc bi,ruinous or ~ ~!~. A. minim~ d~ 0.10 Foci o~ drop ~m inlcl pipe (o outlet pipe invert shall bc pm~d~ ~rou~ a~ m~hol~. Duc to thc di~cultics in ~viff ~w~ ~ction, a 2~% toltec ~m d~i~ ~ ~-built conditions on thc drop across thc m~holc ~11 bc ~issiblc. All m~holc intron shall coaled (minimum 36 mils thick) wilh ~ acceptable bituminous or ~xy ~icr or ~11 be lin~ 'with a high densi~ ~lyc~ylmc prot~tivc liner such ~ "s~c~p' ~PE lin~. m~uf~ by .&~, dis~buted by U.S. Pr~t Co~. or approv~ ~uivalmL I 1.6 C~(in~s ~d Acc~s Coven Ali m~ole dogs ~d covcn shall ~nro~ co .AS~I D~i~alion A48-76, ~ 30. Coven shall bc of thc solid, indcnl~ ~c ~ non-penciling pic~ol~ ~d thc wo~s 'Coil{ct Count? S~it~ Sewer' ~sl thcr~n. ,Ali scat s~fac~ shall bc machin~ sm~ to prevent rocking. ~l~holc dogs shall bc adjusted to finished ~dc ~ush ~c usc of p~t nscr ~n~s and concrete b~c~ ar clay bnc~. At no time ~11 mom th~ I~cc (3) coum~ or back bc ulilizcd in makin~ ~hc ]djus(mcn(. !~ adjustment cxcc~s this limiL ~h~ prat ~scr hn~s sh~ll bc ut~li::d in conjunciion wilh thc bnck. EJch ~n~ shall bc sci in insure n propcr bond ~nd s~l bc~wccn nn~s. Poured in pi:cc concrc~c hn~ ~djus~( shall bc pcnn~tcd provided ~hc const~cl~on d~umcn( con~ins ~ sl~d~d dc~ll compression. All nn~ Jnd covers sh~ll ~ ~roulcd ~ pl3cc. I 1.7 Li~ I I 7, I ~nc~l. All ;cwagc liR ~a~ons that arc ~o hc acc~cd by [ftc 8o~d shall be cons~cled oulside of, bul comi~uous w~h. pla~led public nBh~.way in ~emen~ ~dica~ed ~o ~he Board ~d shall confo~ ~o ~h~ ~ficalions pr~m~ m Ibis ~lion. section cove~ lhe followin8 ilems: w~l w~lls, valve vaults, acc~ cove~, pumps, wet well ~quipmenL valves, emerg~y b~asses, pump ~n~l panels, di~o~u, el~c mc~. ~l~t~c semite, pump wi~n8 a~ flow met~. 11.7.2 Wet Well. ~e ~nct~te ~cm~ shall ~n~st of pr~ s~lions con~o~ing to AS~ C-~& ~or C~78, la~t ~sion. Wall ~ic~ shall ~ minimum For 8 ~oo~ di~el~t wel wells. Wall thic~s For l~g~ wet wells shall ~n~o~ to AS~ sl~d~d ~or wall thic~ but shall no~ ~ [~ th~ 8 inch in ~y ~. ~ minimum inside di~etet for all wel well~ ~1 ~ ~' ml~s ~ d~elo~ ~ d~o~le ~ ~e slalioe shall be u~ for the ~al ~d excl~ve ~e o[ ~at p~i~l~ d~elopm~t ~ su~ci~nt size to acne.ale tolai build~uL B~ Hs~ s~tion shall ~ monolit~ll7 with the base slab. All conc~te shall ulili~ T~ 2 ~t ~d have a minimum ~mp~ve sit. gib of 4~ PSI a~ 28 da~. On n~ ~ct~o~ ii more tfl~ one ~ole is ab~on~ R~n~o~ing steel ~or all wet well s~cm~ should ~ ~ by ~e ~it m~uf~ ~d by ~e ~n~. All ~o~ to ~e wet ~11 ~or ~ ~ pipiag shall ~ ~ual m ~ for m~ol~ u d~ ~ S~fion !1.~. Ali ~t~or ~ffac~ s~ll ~ do~le (m~nimum 18 mils thick) ~lh ~ acc~ble bi~ or ~xy ~. All ~oinu s~]l s~l~ ulilizing R~-Ne~ K~t-S~I or ot~ ~ble bi~inous or ~b~ ~ling mal~ai. Re~nFo~ent ~d lop slab thic~ s~all ~ ~ ~fi~ by thc d~ Engin~ for loadings in all cas~. Minimum reinfo~ slab ~ic~ shall be 8 i~fl~. S~ ~1 S-7 Ap~ndix C for ~ica[ sl~d~ds. ~e EnBin~ shall ~ ~nsible for d~ing all wet well s~cmt~ to ove~me buo~cy fo~ ~ ~ ~e i~il~ s~c~ Ali wet well shall ~ coat~ (minim~ 36 mils ~hic~) ~h m ~ble bi~i~ or ~ ~1~ ot s~li b~ lin~ ~lh a high d~nsi~ ~ly~hylene lin~ ~h u 'S~e~p' ~PE lin~ m~uF~m~ by ,~ ~d dis~but~ by U.S. ~ Co~. or ~v~ ~uival~l. I 1.7.~ Valve Vault. ~ vault ~11 may ~ ~u~ in place ~fl~t~ concr~t~ or conc~ele bilk ~lh all voids ~11~ ~lh ~n~t~ ~d ~xlcHot ~d interior p~g~ ~d seal~. AU ~nc~le shall ulilize T~ 2 c~m~l ~d hav~ a m~nimum compr~ive s~en~h of 4Q~ psi al 28 days. A concrete b~ slab shall ~ u~iliz~. Minimum slab ~hic~s shall be g'. Reinfo~cm~nt ~d lop slab ~hic~ shall ~ ~ ~i~ by Ibc D~ign Engin~ For H-:0 loading in all c~s. ~e vaull shall ~ l~al~ u clos~ to thc w~ w~ll u ~ibl~. However. no direct opcnin~ beacon v~ull ~d wet wcli may exist. G~ d~ns ~m Ihe vault ~o ~h~ w~t well shall bc required. ,~11 such dnin lin~ s~all tc~in~tc ~lh z ~idcllcx' ~ntcnar and e~tcn~r ',,~lls of vaults shall be double coaled (mm,mum 18 mils Ihmlr) ~ccepl3ble bilumlnou~ of ~x7 ~al~. ~c v3ull musl bc ~llt~on~ ~ Iha[ ~{ d~ ~1 lay above any 8rav~[y :cwcr line cn(cnn~ ~hc '~c~ 'acll, unlc~ ~cld condilio~ dicta(c Olh~ ~d prior ~ppraval has bccn grained. In addilmn, all ~c~, cl~ws and fimn~ [rans"ionin~ (he liR ~[~uon discharge p~p~n~ imo Ibc Force ma~n mnnmg ~om Iht Slalion =hall ~ mclo~ wilhin Ibc vauh walls. V~ult ~mcnor sizm~ shall ~ adcqua[c For maintenance ~d r~air of all ~m~n~ wi[hm [he vaull. Sec Detail S-8 m Appendix C For ~ical valve vault ~d wet well pl~ vi~ stand.ds. All pipe co~ions t~oush thc valve vaul~ walls shall ~ made ~ual m pipe conn~tions For manholes ~ di~u~cd in S~tion I 1.5. However, the ~nul~ ~acc ~u~ bools shall nol be ~outcd when thc piping wo~ is ~mpicl~. I 1.7.4 Pumps. Scwa~c pumps shall ~ m~uFacmr~ by Fly~ or ~ui~lmt approv~ by thc W~tcwatcr Dir~tor ~ shall be oE thc submemiblc ~ ~i~lc for o~ion in sewage of temperature not cx~ing 115 dc~ F~mheiL ~c use offl~ pumping facilifi~ ~or m~lcr pump s~alions may ~ ~nsid~ on a ~e-by~ b~ ~ m~t be approved by the W~lcwa~ Dir~mr. ~mp hind ~m ~d d~i~ ~ifi~do~ ~11 be submitt~ ~or review ~d approval for ~h appli~fion pm~s~ ~thin thc En~n~s b~ulic desi~ rein. All pumps S ~ ~d ~11~ may ~ sin81c ph~. All pumps ~t~ shall be three ph~c. ,, At lc~t one pdmp in ~ch wet well shall ~ ~uip~ with a mix-flush ~ ora Flygt 4901 Flush Valve or appmv~ ~uivalmL Ace.s covcm for liR ~don wet wclis ~d valve vaul~ shall be a~ve ~e I~ elevation unlc~ thc s~cmrc is l~t~ ~l~n ~ d~t~ vel~i~ ~ fi~l fl~ elevation diffc~fials prohibit ~ch in~allation. I. ~o~ ~, wat~ight a~ ~v~ ~ll utilize. ~c Enginc~ of R~ mu~ pro.dc shop d~ngs on ~c ~ of ~ for rcvicw and app~val p~or ~o u~. ~cy shall ~ ~ct~ ofd~ond plate alumin~ sh~u and aluminum st~c~l m~. All covc~ shall ~ a~ch~ to aluminum ~glc ~ ~ slainl~ sl~l faslcncm. Angle ~ shall ~ fi~ly ~chor~ imo thc lop ~ncrclc slab of~c ~ All covc~ shall be ~uipp~ ~h a mgchc~-~ r~im m~i~ lo prevent acc~dcn~l clan8 Iht cover and to.ion b~ or ~ng ~si~ ~c opcn~. ~isl opcnc~ shall bc m~uf~ slainlc~ slccl. Covc~ l~l~ ia non-~c ~ sh~ll bc dmi~ for loadings or~t I S0 ~unds pcr squ~ r~. ~vc~ I~ in ~c or ~mliai ~c ~, shall ~ d~ For H-20 loadings. If l~und to ~ ~cc~lablc by Ibc Count, a syst~ o~ inch di~ctm ~n~tc filled ~d posts may be substim~ For thc H-20 ~t~ cove. A layoul of Iht ~ bc submitlcd to thc Coun~ for appro~l. Ociail S-5 in Appendix C d~icts sl~ dc~il drawings of~ m~holc ff~c ~d ~vcr. 11.75 Wet Well Equipmcnl. All pump di~h~c piping shall bc ductile iron p,pc. pressure Class ~50 ~d shall bc in confo~cc ~lh pipe ulili:cd For Force mai~ All ~mngs shall bc duclllc ~ron ~n$~ansc or umflangc co~lions and shall bc coat~ id~ti~l bolls. F~ccncrs. tor3c~cts, pump ~u,d¢ m~ls Jn~L ,)lhcr harclv.~/c l~J~cd ~ns~dc ~w~e~sh~ ~c 304 ;[3,nlcss SleCl. A ~ inch Krecn~ vent shall bc pray,dod on ~11 ~nsl311311ons '~t[h Ibc vent p~pe cx[~n(jcd ~havc thc lap o((~ Conlmi P3ncl. 11.7 6 Valves. ~e di~h~r~c p~pin~ ~or ~ch pump shall bc ~uigp~ wilh wc~hlcd check v31vc 3nd plu~ valve. A Ihrcc.way plu~ v:lvc, ~uip~d with a qu~c~ coupling. ~S munuCac[urcd by DcZunk. Km~y or ~pprov~ ~u~l, m~y ~ subsli[ulcd For one plug valve [o provide n mc~ns o~ emergency b~ access ~o thc Fo~c main u r~uir~ in S~ian 1 !.7.7. V~lvcs shall bc sup~ncd on m~nF/or concrete pica. 11.7.7 Emergency B~. A ] inch ~c~m~ b~ co~fion shell bc provid~ do~-s[re~ ~om ~hc in-linc di~h.~c pipin~ v~lv~. ~c coercion s~ll lic ~hin thc vault, bc readily accessible ~d bc ~uip~ ~[h · plug-~c i~lalion valve ~d ~ inch male K~I~ ~c quick couplins ~d c~. ~ su[~ in S~ion 11.7.6, a ih/~-way plug m~y be equipped with thc quic~ coupling in Ii. o~thc ~tc ~m~ b~. ! 1.7.8 Pump Coati P~cl. ~mp ~n.I p~c~ sail ~ m~uAc~ by Sla-Con, Inc. or Qu~ii~ Con~l, IK. ~ sail ~n[om ~ ~cl No. ]~2~ for o~mtions, ~d ~cl No. 1825 ~or ~lc-ph~ o~fio~ P~cl ~los~c ~on shall bc ~uel to ~A ~R ~d utilize st~ni~ ~i. ~n~l ~cls s~ll ~ mount~ on ~o (2) x 6~ p~t concrctc,po~. All mo~ting b~, nu~, ~1~ c~ s~ll ~ steinl~ ~1. Dcteils S-8 end S-g in Ap~ix C ~or ~i~l ~d~s on ~n~i p~cl ~nfi~on o~cntetion. ! 1.7.9 Di~nn~L A ~n-~ di~t s~ll ~ pm~d~ to i~l~ Ibc pump con~l p~cl. ~c di~t shzll ~ ~11~ on ~c ~ I~c ~ ~c cl~c mctm con~l pencl. Disco~ shnll bc ho~ in · ~ ]~ ~nl~ ~1 cnclo~ or ~n~. 1 !.7.10 El~c ~ct~. ~c civic m~ ~cing Ibc li~ ~nfion shell bc I~et~ edjeccnt to thc pump ~n~oi p~cL it m~t bc I~t~ ~d ~ to so.icc only ~c li~ ste~ion I 1.7.11 Ei~t~c So.cc. Ail und~Dound ~ shell bc ~11~ co~uit~, ' inch PVC pipe, ~m thc ~wcr comply ~u~ ~int ~o ~c pump ~n~l p~cl. ~ m~imum length o~ thc civic so.icc ~om ~c ~w~ ~mp~y ~fo~ to ~c pump mn~i sh~ll bc 2~ Foci. Onc (!) sp~c co~uit ~11 ~ pmvid~ ~d t~inzlcd in thc mctcr. Only copper so.cc wi~ ~!1 bc nllow~. S[~n~ o~c s~ ~ shell bc vc~cd ~ ~c pow~ comply ~d thc extent ~d I~tion o~ ~c ~c: shell ~ indic~t~ on thc ~o~ n~cr cons~ction is complc~. ~c E[~cnl Con~c~or shell ccni~ thnt thc volln~c drop nc~ thc so.icc docs not cxc~ S% o~c ~w~ comp~s linc voltn~c nt ~11 Iond st~-up thc li~ stntion pumps. All li~ slntions shell h~vc minim~ I~ ~p so.cc. ! 1.7.1 ~ Pump Wi~n~. Power wi~n~ For ~ch pump, ~om thc control p~ncl to wct wcll shell bc conduit~ in scp~mtc ~ inch PVC ~nd ~n ~ppmp~ntcly sizcd scnl I~ ~t~in~ must ~ instnilcd on cnch linc. A sp~c p~llcl ~' PVC ~nduit ~m Ibc pnnct ~o ~hc wet sh~lt bc provided. All wirc shell bc s~dcd ~t~ or ~V coppcr wirc. 4.~3tods) ~c Ii~htcnms ~e~lor shall ~ m~u(4ctured by Squ~e O i lcd ~xtemall7 off Ibc Io~d ~tde ~(thc di~o~[ bc~cen thc dt~o~t ~d thc ~m b~k~. pcnctr31:ofl through thc di~o~t musl b~ m~c ~low the wo~in~ m~i~ oF the disconnecL ~e lighlcnm~ ~.eslor ~or ].phase '~dl be pa. number SDSA-36~0 ~d ~or single phase '~dl be pa~ number SDSA-I 175. I 1.8 Sewer L~r~ls Latenls shall be cx~endcd ~o ~hc p~opc~y linc or ~sem~t Emi[ For ~1 La~crals shall bca minimum o~6' ~n dirtier, have a minimum o~30' cover ~d 48' o( cover below finished ~de. In ]~alio~ whom a minimum o~ 30' o~ ~v~ ~no~ provided, laterals sh~li be ductile ~mn pi~,~nl~ ~hc Im~h o~]a~i is 30 ~t or I~. in those c~cs iht la(cml ma/be C9~, DR[8 PVC pipe. A[ no dmc shall ~v~ over a [a[~ ~ 1~ ch~ 24 inch.. U~n inst~llation, ~1] I~1 cn~ shall ~ plu~. A cl~ou~ sh~l thc ~d o~ each la[cml prior to thc ~d plus, S~ DctaiE S-10, 11 and 12 in A~ C ~or ~i~l lateral ~d cl~ou~ s~d~. ~c clot H~ ~ ~p ~all ~ ~t 12 ~h~ ~iow finish~ ~dc ~d m~ ~th a pi~ oE 2" pi~ dHvm v~ial]y 2 f~t i.~ ac cx~cndin8 2 ~ccl ou~ o~ ibc ~ound bmidc ~hc cl~ouL All ~ lateral rods sbll E pm~d~ ~ a 3~ or ~ual ma~cdc m~, At ~ [imc sbli ~c ~on to ~c [a~] thc cl~nou( Hs~ or agy p~ oEthc vc~i~i ~bly. Ei~h~ a sinslc 6' la~l m ~h prepay or ~ sinslc 6" lateral ~th ~ double ~c shall b¢ 1 ].8.~ Scw~ ~ain Extrusion Stubs. All main-linc ~tcnsion ~ to ~turc developments ~or parcels shall ~c~i~c in a d~d ~ m~olc ~ mad~ or c]~ou~ at ~sh( oEway lin~. · ! 1.9 Air ~clc~¢ Asscmbli~ Air rclc~c vaiv~ udliz~ on ~Sc ~cilid~ ~1 ~ d~i~ ~ ~ifically for usc wi[h dominic scw3sc. ~ {~!]~ ~¢ air ml~c ~[vc ~]1 E pm~d~ wi~h a shut~ valve ~o allow i~laion ~d ~oval o~ thc ~lvc ~mbly. Air relic a~embli~ shall bc provided al hish ~inls ~d on ~c do~ ~dc o~ ~nflict cm~inss. -~c air mitac assembly shall bc Val~lic 485 B, Empire ~g or ~pmv~ ~ual ~or and Empire 945 or approv~ ~u~ ~or e~UCnL High ~iam s~ll ~ dc~ u a dc~a[ion ~dc o~six (6) pipe di~c~cm, All ~ir ml~c valv~ s~ll ~ i~l]~ ~ sho~ on ~ail S-13 in Appendix C. Il.lO Valves All valv~ udlizcd on sewage f~cili~i~ shall bc Amcdc~ made ~d o~ ~hc plus ~c, m~u~3c[urcd by DcZunk or appmv~ ~ual, or excel whm ma~nS a ho[ ~p ~o syscom. ~cn m~in8 3 ho~ ~p, ~ilim~ s~tcd ~tc valv~ = per A~A C-5~ ~11 be used. in-linc plus valves shall be provid~ ~ no D~ ~han 1~ ~( in(~3ls wh~ ~ other valves exist ~hin ~hc (o~¢ ma~n syslcm. All v31v~ shall ~ inl~311y ~d cx[~ally ~xy coaled, S¢c D¢~il S- 1 4 in Appendix C Ibr ~ical valve ~ting sland~s. I I 1 I ]~ Tc:,~ ~*~Jr Jil $cwcr t'.~c~l,i,cS sh.ill ~ ~crf'omlCd fo meet ~hc rcqu,rcmcn,~ ~h~.cd~ bclo~ ~c t~sts ~hall bc ~r~o~cd ~n thc price o~ thc ~lflC~ O~ R~rd or ~s rcprc~cnt3~c ~nd lhc ~ounty InsPcclor 4nd ~ ccnl~ copy O~ Ihc tcst r~ submitt~ to ~c inch o~ ~n~idc pipa di3m~tcr per mdc o~p~pc per ~ houri. No zddi~ional zllo~ancc will ~ m~ exfiltz3cion, u dir~t~ b7 Ih~ Ensinc~ o~ R~ord or r~uir~ by ~c Count. ~or to t~t~n~ in~l~ion, thc systcm sh~ll ~ pump~ out so ~ no~! inflation ~ndilions cxisc ~[ ~c time of [csting. ~c ~ounU o~in~l~lion or ~l~tion sh~ll ~ dc~in~ by pumpin~ w~tcr into or out o~c31ib~cd d~ms, or b7 othcr mc~h~s ~ppmv~ b7 thc ~blic Wo~ Di~sion( ~ch u pr~onst~ction con~cr~cc o~ · pmj~t by pm]~ bu~ A~ t~G sb~ll ~ ~ ~n~nuo~ly for 24 ho~, unl~s thc ~un~ ]~tor ~ ~i]y v~ ~t this ~t d~ion is not ~ duc to t~c obsc~ in~l~tio~l~tion ~lc. ~ cx~lt~[iob I~, wh~ ~ui~ duc to ~dw~t~ Icvcls, ~]l ~ ~nduct~ by ~llin~ thc ~nion o~ th~ s~t~ bein~ (~[~ ~h w~t~ to ~ l~cl 2 ~t a~vc thc upset m~holc inv~ in the s~tio~ ~inS t~t~. ~c inflation or cx~l~tio~ ~ ~c ~low~blc limi~ ~i~ b~ ~ dcf~tivc pi~ joints or oth~ f~ul~ ~ction s~ll ~ ]~t~ ~ ~ai~ by the Con~r. ]~ thc dc~tivc pon~ons ~t be l~a[~, thc ~n~ctor sh~l[ ~ovc ~d ~ns~c~ ~ much o~ t~c wo~ u ~s n~s~ ia ordcr to con~o~ to ~c ~i~ ~ilow~blc limiu. Alt ~s~lc l~ks sh~ll ~ r~ir~ rc~l~ of thc ~o~[ o~ l~k~c. ~c Con~ctor sh~ll pm~dc ~I1 l~r, ~uipmcnt ~d m~lc~ls ~d sh~ll conduc~ ~11 t~in~ r~uir~, undo thc di~tion oE ~c ~nBinccr o~ ~o~d. 1 I.I 1.2 G~ Scwc~ - Visual ]~o~. ~ ~mplction o~ ~ch bilk or s~ion o~ sewer, or 3t s~ch olh~ tim~ u thc En~n~ m~7 dir~ thc bl~k or scction o~cr is ~o bc clc~cd, t~tcd ~d ~cct~. E3ch s~on o~c s~ is ~o show, on cx~in3t~an ~m cithcr cnd, ~ ~ll ci~lc oE li~t bc~c~ m~ol~. ~c~ m~holc, or olh~ ~ppuncn~cc ~o ~c system, sh~ll bc o~ Ihc ~i~cd size ~d ~o~ bc w~[cnish{, n~tly ~d subs[~ti~lly cons~ct~, with thc ~m set p~cntly (o d~i~ ~i[ion ~d ~dc. A Iclc~sion in.ration o(~11 lin~ sh3[~ b~ m~dc 3t thc Dcvclop(s expose, 3~ ~11 o~hcT tcstins h~ bccn succ~s~lly completed. ~7 dc~tivc ~ or ncccss~ co~tion brought out dudn~ this inspcc[ion must bc co~ccccd ~y thc Cont~ctor, ~ his cxpcnsc, bcForc ~hc lin~ ~ ~ ~cccp[cd by [~c Coun~ or 3pp~op~[c W~cr-Scwcr Di~ct. I I II ~ ~.~r3wl¥ <~c')/cr · Tclcv~s~Qn Inspccl~on. C'.onlplclc ccJ~ is shall be required u Iht Ocvclopc¢~ cx~ prior [o thc pml~t's prglimin~ mspcctmn and al thc one ( I ) yc~ warty insp~hon Io ensure Ihal [he ~Vlly ~.~ wa~e~lght and has no defects. Each section o~ linc is to bc vid~ ~ap~ in ~lor ~ a ~a~ high quality V~S tape ~d m~cd over. alon~ wi(h 3 ~Hcn ~n. ~o thc Dcpa~mcn[ ~or rcv~cw ~c tape and ~n shall di~lay dala on pi~ ~. pi~ ~. invert dcp[h, da~c. ~imc. ~oo[a~c from m~holc ~d location of main. AU r~a~n s~ ~ by this in~pcc~ion arc to bc made; any brok~ o~ c~ckcd pipe ~lac~ ~d all d~ [cavin8 zhc scwe~ clc~ ~d r~y ~or ~cc. ~11 joinu o~ lat~is sho~ to ~ excavated and rcpair~ or s~l~ w~th ~ ~v~ronm~tally ~p~v~ ~u~ Rny rcpai~ or sealed, a rcinsp~[ion ~s r~u~ ~o c~u~ that thc ~wct is ~ dc~ts. ~y de,cc/irc wo~ or n~sar/~t~on sho~ du~ng tcl~on ~n~ du~ng cons~ct~on must bc con~t~ by thc Con--tot. at ~s cxp~ ~fo~c ~ I~ by the Board or plac~ inlo s~ce if o~t~ on ~ ialc~ buis ~ ~a~a~ mfli~ or o[h~ p~vate o~hip. ~1 ~n~ve m~ t~ui~ ~ id~ ~g w~ in~tio~ m~t ~ ~mplish~ by ~c Develop. at bis e~. ~fo~ ~! ~!~ o[[hc Pc~o~cc Bond pm~d~ for ~hc I 1,~ !.4 Force ~n Pt~ T~ting. AU ~o~ mai~ s~]l ~ d~ by Engin~t o~ R~ord a~ subj~t to pr~urc t~ting at thc follo~n8 st~d~: ~ys~em ~pc~tinR Proc T~ Pr~ ~tioq Grater th~ 50 PSI 150 PSI or2 ~m~ 2 ~ thc o~[in8 p~ which~ ~s ~ter. Allowable l~kage on fore mains shall bc ~mput~ utili~ng thc ~d~s f~t~ in con romance with A~.A C~, thc later ~on thor. 11.12 ConOic~ ~d Cl~c~ ~ ~h~ Facili~ Sanit~ sewer lin~, ~o~ ~i~ ~Wor fore mai~ shall ~ ~ ~m ~t~ m~ by a minimum cle~ v~ical dis~ce of 18" md a ~n~ di~cc of 1~0'. S~ ~il S-15 in Appendix C for ~ic~l strudel. ~ ~is s~d~ ~t ~ ~n~n~ ~ ~ line shall ~ concrete enc~ for a dis[mcc of 10 f~t ~ch way ~m the wat~ line ~ my mhcr conduit, w~th a minimum v~i~l cl~c of 12 [nch~ being pm~d~ ~t all dmz. All crossings with vc~ical cl~ I~s ~h~ I ~' ~h~ll be made using ~ic~ Cl~s C900 PVC pipe or if n~ess~ P~urc ~ 250 ductile iron pi~ for a ~cc off0 f~t ~h side of thc crossing. ~c sewer pipe in ~ l~tions shall ~ back-~ll~ ~th ~din8 stone or s~d to a height 6' a~vc thc c~ of thc pi~. SECTION 'f",V'K L V'Y_.: TECHNIC.~L STA~'$'D..~RDS FOR WATER TRANS.%I1SSION .x~NO DISTRIBUTION FACILITIES AND ,NON-POTABLE IRRIGATION SYSTEAIS ~7 ! .' I ~cncral Thc I'ollowtng pre:em ,upplcmcn,a, des,iD1 stdmJ_~d,(~)r j~c),al~ ~ spcczficntlons. ~cs~ sl3ndnrds have ~en ~opt~ in o~ to provide Far ~nffo~i~ in .lilitio consl~ct:on within County. ~csc st3nd~ds uc .oi ,nlcnded ~o climinn~c ~c Engine. s tcc~ic31 spccific3ttons, but ~c intended m suppl~cnt ~. All pipe. malcnai, equipment ~d 3ppu~m~c~ shall bc n~. un~ ~d ~c~ made. 12.2 Water Pipe and Filling Materials All walcr lines between 4 inch and 24 inc,h, shall be construczed of PVC and shall utilize pipe meeting thc Following spccificalions, unless a waiver is specifically gr-znu:d by thc Water Department Director. ~Water mains larger than 24 inch shall bo ductile iron pipe unless a waiver is specifically granted by the Water Department Director. 12.2. ! Ductile Iron Pipe. All ductile iron pipe shall have a minimum thickness conforming to Pressut~ Class !$0, u specified by AWWA C!$0, latest revision. All pipe shah have a minimum tensile strength of 60,000 PSI, a minimum yield strength of 42,000 PSI, and a minimum elongation of IO°4, as specified by AW'WA Ci5 !, latest revision. All pipe shall have a double thick cement mortar lining in accordance with Ag/WA C104, latest revision. Joints for ductile'iron pipe shallI be either of' the slip-on t~:x:, using a single rubber gasket or mechanical joint type conf'orming"to AWNVA Ci ! I, latest revision. All fittings shall ~ve a cement mortar lining in accordance with AW'WA C104, latest rzvision. All fittings shall be of'the mechanical joint type, in conformance with Ag/V/A C! I I, laxest revision. Locator tape shall be provided for all installations pursuant to the requirements olr Section i 1.3 and labeled 'potable water" or "non-potable water.' All nuts and bolts shall be high stzength, low alloy metal. Pipe restraint shall be as specified in paragraph ! 1.3.1. All aerial crossings shall he made using C'lass 53. flanged pipe, and shall be coated on the exterior using a suitable grade of appropriately colored, field applied, epoxy coating. Ali nuts and bolts used on aerial crossings shall be stainless s~ceL 12.2.2 Pipe and Fitting Rcstra~ts. Restraint shall be provided for horizontal or vertical aliment changes using Ual-flange type collars, epoxy coated, with high strength, Jew alloy hardware, EBBA Iron Sales, Inc., ,"Mcgalug,' "Uni-~;mge,' or Rom~,' Industries, Inc., "Grip Ring." Thrust Block shall only bc used when the usc of' rnech:znical restraints Are'not Thc usc or' th~'ust blocks shall require the approval or'thc Water Director. ! 2.2.3 Polyvinyl Chloride Pipe...~,11 PVC pipe shall conform to thc standards of' AWNVA C900, or AWNVA C905, latest rc,4sion. All pipe, 4'-12'. shall bca minimum of'Class 150 and mcct thc requirements of DR 15. E~xstomcric Gasket rings and bell and spigot construction shall meet thc requirements of'.~,STSI F477 Lad D2122, respectively, latest revision. ,All p~pc 4"-12' installed below pavcd public and private roadways or p,u'king lot cntx'xncc drivcw:ly surfaces shall bc PVC AWNV.-~ C900 Class 200. DR 14 or Pressure Cla. ss -'50 Ductile ! ~xcecx~ ~m.13cll 13-1 I ~(~mmum cover for lines ;h~ll bc .~'§", ~l-:x~mum cow~h~ project ~din~ :s complct~ excel '~hcn dippin~ und~ con~ic~ in which ~ [h~ wat~ line ~h~ll bc returned ~o no~l d~(h wilhm 10 fl. on c:thcr side o([hc ~nflict or u ~n usm~ ~ 4~ dc~rcc fimng. Fimngs ~or C9~ PVC pi~ sh~ll ~ ~s ~ccificd ~n ~tion 12.2. All PVC mares shall be m~ wi~h I~zor tape. la~l~ '~lable walct' or '~n-polable pu~uanz 1o ~hc requirem~u ofScclion I~.~..~11 PVC pipe ~ for ~zable wal~ shall be white or blue in color. All PVC pipe used ~or non-~blc i~galJan wal~ shall be F~I Pu~le or shall bc cnc~ in P~l SaFc~ Pubic Polycthyl~c bags. PVC pi~ be ~ sp~ifi~ in p~ph ! 12.~ Pipe H~dling. SIo~gc ~d Pipe handlin~ ~o~gc ~d i~llarion s~ll ~ in ~nfo~ ~rh thc ~ficazio~. Ductile iron pi~ insullarJon ~all ~nfo~ to ~e pr~ur~ outlin~ in Guide ~or Ihe lnstallalion oE ~ctilc Iron P~.' PVC pi~ i~llalioe shall ~n[o~ s~d~s sp~ifi~ in ~-B-3, lat~ ~sio~. 12.4 B~ding ~ Backfill B~ding ~ndi~io~ T~ ~-5, ~ d~n~ ~ ~S~ ~1.50, later rcHsio~, sh~l used for all ductile iron pi~ pro~d~ ~c pro~ s~h pi~ is us~ ~ thc ~ifi~ ~ding to support the d~i~ load. g~ding Cl~s~ ~, ~ ~d ltl, ~ d~ in ~ D2487, shall ~ us~ ~or ~! PVC pipe prodded the pipe is ~ ~zh ~e ~i~ ~ding to ~ Ibc d~i~ ~ Backfill shall ~ o~ a ~i~blc malc~al ~ov~ ~m ~tion ~c~t real,al is ~ifi~. B~kfill malc~ shall ~i~ o~ ~o~, ~ clay, ~ c~sh~ lim~tonc or orh~ ~pmv~ malc~als ~ ~m dcb~ l~c cl~s, or ~on~ o~ic mazc~al, or olhcr mazcdals which may ~ un~iub~c. Bac~ll shall bc pla~ in such a m~ncr ~ no~ to distu~ thc ali~t o~hc pi~. in all ~ ~Efill s~ll be d~sit~ in 6 i~h lay~ ~d carc~lly h~d-t~ to a d~th of 12 inc~ ov~ ~ top or,he pi~. ~e m~nd~ backfill shall bc dcposiz~ in 12 inch laycn ~d r~mughly ~. Scaling the bac~ll water ~11 ~ pe~i~. S~ p~ph i 1.4 ~or ~difio~l info~adon on ~ding ~d r~ui~cnts in ~e ~ne 12 ~cb~ ov~ ~c top of~c pi~. 12.5 C~zings Gale valve box~ shall be c~t iron ~d ~ of~c ad, usable telescopic ~c m~ufacmrc. All hscm shall bc ductile iron. 12.6 Flushing ~nn~lions All potable wazcr main tc~in~ ~ims shall ~ ~uipp~ ~lh tim hyd~z ~or flushing pu~os~. Flushing co~tio~ shall ~ ~z~ch~ dir~l~ ~o Ibc end of Ibc main ~d ~incd. as r~uir~, to prevent mov~l ~n thc conn~lion. A line-size 8ale valve must ~ pro~d~ Ibc bcgl~ing o~ thc r~in~. ~ rcqui~, to proviz movcmcnl ~n ~hc ~nn~lion. A ~inc-sizc 8ale v~lvc muse bc pmvid~ ~t thc ~s~in~ o~ ~c flushin8 conn~rion. ~c end of thc ~cm~m~ flushing conn~zion shall ~ ~c~maz~ ~o jusz below final ~dc ~d housed in )9 st'ind'~i'd '*,'it~ meter bo~(. '*,lib 'iPPrQPrlaI¢ Kamlock ~iltml~S .~er complell~dd[ o(l::)e tuajl~l pr~edures re'placed '*,,th ~ (Tre hydranl a/let/lushmg has been completed to create the I'lushmK ,:onn¢ction. The flushing/sampling flnior,.s must be located ,n the meter box to allow flushm8 or samplin8 '*,ithoul removal of.tbe box. See De~ils W.I ~ W.Z in ^ppcndix D f.Or tempor-',r'/ ~nd pcrTrtanent blowoIT assembly confi&,~Jralion. All ~tl bo~e flushing shall be completed prior to pressure testin8. I 2.7 Fire Hydran~ All fir= hydranU installed shall be of. thc brc~:-tlanse type ~d mee~ thc requirements of. thc local Fir= Control District. Hydrants must be installed within the limits of' the mad r'Jght-.ot'.way or shall be privalely-<)wned and maintained. Hydrant lead ~ate valves must be restrained through the use of' ~ anchor tee or with s~ainlcss steel rods, nu~ and washers to the' line tee. This valve must be located w~thin five ($) £ect or'the in-line tec supplyin~ the hydranL All piping between the line tee and the l~ydranl shall be ~ DR 18 PVC. All connections and locations for fire hydrants, shall meal the r~luirements or' the LDC or NI:PA Regulation& latest revisions, whichever is more restrictive, and meet tho approval of' the local fire conEol dLstrict. All fire hydrants shall be equipped with a cast-in-placo concrete break slab (collar). Sea Detail W-3 in Appendix D For typical hydrant inst~llation stand.ds. All hydrants delivez~d to a project that will be convcTed to the County shall be painted ]:ede~l Saf'ety Yellow. All l~ydrants installed, with r~pect,,to new'construction, sl~all be clearly m~,rked with a ~anuf'actur~ date of' l'abrication. All hyd~nts installed, with respect to new construction o~k shall be clearly marked with a manufacturer's date ot' the same or subsequent year b3 which the conslzuction of' that pa.,'dcula~' phase of'development commenced. 12.8 Water $c~dce Conduit All building lots and pan:els ot' land within a development on the opposite side of' the roadway ~'om a water main or that do not have an ~'.,ea~s~le water main f'ronting the location of' the proposed meter Ioc~tion shall be provided with a mcans t'or water service. Access~ility to these lands shall be provided by the installation of.water scndce conduits. Conduits shall be minimum of' 3 inch diameter PVC with a minimum cover o1'24 inches. Conduits sh~il extend at lea.~ 5 Feet past the edge of pavement, side'walk, b~e path or any other improvement ~cl shall run 6'om lot comers on one side of'the s'~'eel to a lot corner on the opposite side and be capped and masked with a magnetic marker. Maskers sh~ll be 3~ marker or approved equal. 12.9 Connections to Exisling Facilities Connections to cxistin~ I'acilitics shall be in.stalled ~n accordance with Dc~l W-4 Appendix D. This detail shall be used f.or all connections to existing t'acilities including hot t~ps and extensions ~rom existing dead end facilities. A section ot' pipe shall be i~crtccl in the gap specified in Detail W-4 Io connect Ihe new construction to the ~istinl~ f.aciliti~s f.or the purpose o1' ~ccomplishin$ the ~uil bore flush. Al~cr completion of. the flush, the connection shall be removed. The f.acilitics shall be ~pped ~s show~ in Dc~il W-4 until t~n.~l connection is permitted by the W'~lcr Dcp.u'tmenl :~t the completion of construction ',nd ~lcr f~nali-'~tion of' all test procedures ~nd baclerial clearance o1' the new wamr f'acilities. All $1orm $cwcr. irriGjlmn m,lml Jnd ~.,.#alj¢ Irznsmix~ion Zy$lem conllicl .~;~ tier loc[lit]cs '~/h,ch must be crossed sh~ll be performed using AWWA CO(X) Class 200 PVC Wilh ductile ,ton fiil:n~,r~. All filtin~,,~ shell b~ ~dequal¢ly r~l~incd u.~inl~ r¢l::mcr glands. sleet tools. EB~ iron Sales. Inc.. '~(ea~lu~.' Rom~ lndustncs. Inc.. 'Gnp Rm~- or olh~ ~pprov~ mc[hods of rcs[~mL T~si[ion~l titan,s wh~ zpprov~ by [~ W~l~ ~cn[ D~rcc~or shall be i~[cd u clo~ [o ~he ~in[ oF~nflic~ u ~iblc. Air relc~ ~bli~ be pro~dcd u ~ificd in p~ph 12.1 I, ~low. G~ual dcfl~lin8 in ~c '~ line in lieu of usin~ fi[[in~s m clc~ Ihe ~nflic[ will no[ ~ ~in~ iF~v~ ~ 4'~'. A minimum vertical clc~znc~ of 18' shall ~ pmvid~ ~ Iht wzz~ m~n ~d ~om o~i~ In cases wh~c new w~[~ mai~ ~u ov~ cx~in8 s[o~ d~m ~c 18' minimum clc~cc r~uir~cn[ may ~ ~uced, ~n ~ppm~J by ~EP. [o 12' pm~d~ z 12' ~d cushion ~s plac~ bc~ecn Ibc pi~. ~ n~ ~ m~ cro~ ~ ~, mains or i~z~ion m~ins Ibc ]8' minimum shall ~ mainline. I~ ~u~ic not cm~ und~ s~i~ lin~. ~ ~hem is ~ ~i~ive [o ~a~ und~ 18' minimum cl~e shall ~ main~in~ ~ ~e ~in~ shall ~ ~ pipe joinu and thc wz~cr pi~ jo~u ~e ~uidis~ ~m ~he ~in[ o~ ~o~in~ - 12.11 Air Rc[~ ~bli~ Air relic ~mbli~ s~ll ~ pm~d~ ~u~u[ ~c dis~bufion ~d on ~lh sJd~ oF~nflict ~s. ~ ~ wh~ ~1 of flow b rcl~e ~scmbly shall be pm~d~ a~ ~h ~inu ~d o~ ~e ~s~ ~dc of~ ~. High ~inu sh~]l ~ d~ u a de~ion of~x (~ pi~ di~ct~. Air ~!~ be rc~ ~h ~e Wat~ ~~ p~or [o submi~ion of ~ns~ction d~m~ ~r relic v~lv~ shall bc suilabic for u~ ~(h ~[zblc w~[~ or ~!~ c~u~L sh~ll ~ provided ~low Ibc air v~lve 1o a ~l~ow ~v~l of ~c valve ~bly. uscmbly shall be cons[mcl~ in ~o~cc ~[h ~il W-5 in App~dix D. ~or ali w~(~ or c~ucm m~ins 14 inch ~d ~llcr ~ ~pi~ 'Combinc[ic,' ~i~rc ~45, ~mbim~ ~r YcI~ v~lve shall ~ u~ili~. ~or w~[~ or e~u~l ~ 16 inch ~ En~in~r ~il ~ r~iblc For air ~l~e v~lvc si~n~. ~e d~i~ o~ ~c air rcl~ ~s~bly shall be in compli~ce ~h S~d~ Dc[~il ~ 2.~ 2 Bactc~i S~pIc Po/nu For Ibc pu~sc of n~ ~blc wat~ main ~ns~cdon. b~c[c~zi ~pl~n~ be pos~[ioncd ~t the bcsi~n~ o~ ~ch n~ s~[c~ 3t ~ f~[ imc~zls ~d ill d~d unlc~ olhc~sc direlY. ~ ~plin~ ~zc~l~ ~il bc udliz~ by pc~o~cl ~or w~[cr main ba~l circe p~. A[ ~c ~mplcdon of ~c pmj~t pc~ancm s~mplins po~n[s sh~ll r~in cvc~ 3~ ~ or onc ~ Iht ~ ~inl if Ibc [inc [h~n 3~ ~. Ion~. All o~hc~ sh~ll be rcmov~ do~ [o Ibc mare ~d pmp~ly ~p~ by ~c Conc~ctor. ~c pc~cnt ~mplin~ ~inu sh~ll ~ ~ns~c~ ~n zccord~ce wilh ~1 m Appcndix O. Thc pc~cnt ~mplin~ ~mu ~11 ~ d~i~l~ by Ibc Coun~ ~ du~n~ ,il Iin~l ;~l'~nt re~'~cw 'md ~hall ~c 'dcm~ficd by $la,on numbcr~ on thc pi.ms. ~1 ~h~Cllr~r,s d~scrchon. ~prop~cly I~ fi~c hyd~ m~y ~ uldiz~ m li~ o(~hc ~cm~r3~ s~mplinl v31vcs sp~ficd ~bovc. ~s p~t~cc ~s ~ ~amm~d~ ~y Colli~ Count/or A~A. th~s cJrcum~3ncc, ~hc Conl~lor w~il ~ ~lcly ~ns~blc ~or m~inlzlnin~ (he hyd~nlz sa~s~c~or/ cnvironmcnl ~or conduc~in~ ~hc b~cn~l ~.n~. Usc o~ ~hc hyd~ do~ not preclude the requiremenls ~or ~en~ ~plin~ ~in= = prevJo~iy I~.1] Concrete All 8a~e valve boxy. air mle~ ~mbly =d pe~ ~ple ~in~ ou~ide pav~ surf~es shall be provid~ ~ ~ ~ncrc~= ~Jl~ ~t ~o ~nish ~de. ~c ~11= shall minimum ~hic~ess o[ 6 inch~ ~d ~e ouuide dim~ion o{ ~he p~ ~d ~e ~n~om~[ s~ll be ~ sho~ in Detail S-14. Co~re%= shell ~ve ~ minimum ~mpr~ion s~ o/3~ PSI 28 days. 12.14 Wai~t Main ~e enc~ement or~ mai~ in ~n~ s~ll only ~ m~e aR~ r~ ~ ~m~l by the Count. 12.1~ Wa~er Mct~ ~lation Units ~i~ by ~e Wa~ D~L all wa~ met~ ~g~ ~ 2" ~1 install~ a~ve ~ound. ~ met~ shall ~ ~ip~ ~th a bac~ow p~tor, i~ll~ by the Comnctor at his gost. ~ ~ or back,ow de,ce utili~ s~ll ~ ~ m~ufac~ur~ by Comb~co, Fe~, Wilkins. · All l~8e ~table m~ ~11 ~ p~h~ by ~e o~ ~d ~11~ by ~e Con~c~or. Air,ate d~i~ ~y ~ p~n~ ~ submi~ion of d~ de~b for ~d appro~i. 12.16 Val~ng R~u~ Valve. in su~cicnt n~, shall ~ pm~d~ at all ~tcn~fions ~d b~c~ to allow zon~ i~lation of dis~bu~ion ~ to limi~ ~he ~p~ or line br~k ~d ~c~ di~on cusiom~n. In-line gale valv~ ~all ~ p~d~ a ~ ~t~ th~ l~r~t {ntc~ wh~ no o~h~r valv~ exisi within inl~al dis~bmion ~s. ~e ~in8 or valv~ on I~mi~ion mains shall ~ di~ ~ ~ appmv~ by ~he Wat~ ~~ p~or submi~ion of const~ciion d~~ All ~ ~iv~ ~u~ 20 inch s~l ~ or ~he ~ish~ ~lh valve ~x~ ~ding to ~nish~ ~. Valv~ ~x ~ shall ~ ~ ~n ~11 dep~ PVC ~scn shall nol ~ ~. Sec ~l S-I4 in App~dix C for ~i~l valve sz~ng st~dards. All valves shall ~ ~ made. Bu~ s~ce bunny va[v~ shall ~ of ~hc mbb~ ~al ~, ~ ~nclos~ ope~lon and in~e~lly c~ m~h~iol }oim ~ all in acco~ce wi~h A~A C-~, cl~ I~B. V~lvcs shall have ~ iron or duct~l~ ~y. ductil~ iron valve di~, T~ ~ steel valve sha~ ~d self-lub~oling nylon sleeve ~ shaR ~n~. Bui~y o~1o~ shall ~lly ~skcted ~d oil ~11~ ~ wi~hs~d ~ c~l water pr~sure of I0 psi minim~. A v~lve pos~t~on indic~lor shall ~ ~ish~ ~or inslallalion in och valve ~. lndicalor shall pos,t,on, directton o/' rQtat,on jnd number o1' lurnz ~rom ~Jlly olx'ncd ~o ~Jlly ¢losal. Inclicalor shall be provided by Ibc v31ve m~nufacmrer, complete. All valves, liatc o~ bu.crfly, Shill be internally and exlernally epoxy coaled. 12.1 7 Facilities Loc3t,on 12.1 7.1 Wat~ System r~youc Cr~ccn~. wjic~ dismbution s~sZems sl~ll be designed so thai all Fncdilics ~e l~alcd ~j~ccnl m ~d ~c zcc~iblc ~m p~v~ or unp~v~ roadways so ~s la ~llow zcccss For shah ~d lon~ tc~ mnJnlc~cc ~ r~ln~ system. ~ter ~ete~ ~nd Backflow ~bli~ ~1 ~ w~thJn z ~ g~t~ ou~i~ but ~ntt~uous, to mad rights.f-way. Water mains s~ll have ~ m~mum setb~ of 7'6' ~m ~e ~ line o~ All wa~ ~in~ s~ll ~ ae~al, ~l~ o~se approv~ by the ~blie Wo~ Wal~ Dir~mr. Water m~ns shall ~ d~i~ to p~llel ~c~le mad~ ~in ~ ~tb~ ~tabl~sh~ by this ~Jn~ce. ~atJons ~m ~ d~j~ p~ ~!! only ~ appmv~ in c~ where such j~tallal{o~ ~n be sho~ to ~ n~ to ~mp~ng ~ chlorine r~iduals or bther FDEP q~I~ p~ unl~ O~se ~v~ by ~age, pav~ or oth~ meth~s de~in~ to ~ a~ble ~ ~ W~t~.~ AIl ~ch i~tallatJons shall r~u~re appm~i ~m ~e Wat~-~ ~ ~n ~dJ~o~ a~eem~t shall be pmvjd~ authoring ~e Co~ ~ ~v~e ~11 private ~ ~ide ~ for the pu~se of ~ce~s a~ maint~ce. ~e a~em~t s~ll ~ hold ~e h~l~ ~or any d~age 'to the private pm~ ~lting ~m ~ ~un~'s m~nt~c~ or repl~c~ent activitj~ ~lhin or ouuMe of ~e ~ ~ d~i~ to maintain ad~u~te flows ~d pr~u~ ~d wat~ q~i~ ~ds ~ ~blish~ by FDEP, using the ~oilowing I) Designs shall a.~sumc a minimum oper~ng p."e~.sure unde~ peak hourly flows of S0 psi, ~d a miaim~ o~mting prc~u~ wi~h fi~ ~ow undcr m~ day mndil~o~ of 40 ~i, dclivm~ ~om ~c clo~ Co~ ~io~ ma~n ~o ~c proj~L ~e d~i~ Enginecr shall m~el ~ pro~s~ system inc~udin~ ~ll d~d ends ~or chla~ne di~pation ~suming a chlonmine residual of 2.0 m~! ~1 the ~t~nct ~int to the proj~t. 7n¢ .~oilo~v~n~ er~ler~.i sh~,ll be ~sed ~o model chlor~m,ne d~p~l~,~,j~ a~ by Iht P'~bh¢ ~arks W~lcr O,rcclor u~n Ibc ~ubmln31 o/sp~:~c c~ Occupancy oF ~ ~o ~ccoum For sc3~nal v~alions '~'h Ibc load ~ly dislnbulcd Ihrou~houf thc proj~l. Avcr3~c occupnnc./ per dwctlin~ o~ I.~1 For single F~mily ~ 1.42 For mull~-C~mHy CSlablishcd by ~hc Wllcr ~lcr Plnn ~nd ~jusi~ For w~ch ~ F~c~or oF 1.2 or ~.~ shall be used when m~clin~ system pcrFo~cc. c) Consumption rotc oF 1~4 3nllons p~ cnpi~ ~or single F~ily ~d muM- Fzmily sh~ll ~ ~ wh~ ~zblishin~ lozdin~ m~ For pcrFo~cc d} Systems that ~e pm~s~ ~o ~c or will ~c alternate i~gation shall usc ~0% of~c loading mt~ for m~cling chlorine di~ipatiom ~c Proj~t Engineer shall ~bmit a 1~ to Devclopm~t S~c~ ~ ~ of~ ~ package, c~i~ing that all ~inu ~thin ~c pr~s~ ~cm ~all main~in a minim~ of m~l chlofiminc r~idual und~ thc ~ilio~ li~ a~v~ Syst~s ~th ~ inabili~ to me~ minimum d~i~ ~ui~ or m~n~in minimm disinf~tion residuals shall not ~ acc~table for o~e~hip ~d mainl~c~ by ~¢ i2.18 Fire Sewic¢ All p~vatc fi~ s¢~c~ faciliti~ for ~finkl~ ~tcm~ w~t s~dpi~ ~m pfivatcly~cd or con~oll~ dis~bution ~tcms s~il b¢ mct~ ~d shall ~ ~l~ appmp~atc back flow privation dc~ce. Meting ~ui~m~ shah ~ cl~ifi~ by ~ ~ development r~uifing firc ~cc. ~e ~ of mct~g d~ ~il ~ ~fi~ in follo~ng subs~fions, si~ by thc Develop~s En~n~ ~d ~li ~ pu~ o~ mMntain~ by thc private se~cc o~m. ~c Coun~ shall ~ui~ all pfivatcly~ meting dcvi~ ~d backflow de~c~ to ~ c~ifi~ for a~m~ at ~ ~mc ofi~tallation by a Back Flow T~ter ~d th~ ~l~ submiR~ to the Count. ~h pfivatclym~ meting system will bc c~ifi~ ~nually for accum~, at thc o~cm ~. ~c Coun~ ~il info~ ~h~ o~cr by mail prior to thc duc dat~ ~valc o~ ~ll have ~ da~ in wMch to ~bmit thc eeRifi~tion r~ul~ to ~c Co~. 12.1~.I R~idential. R~idential pmj~u such ~ single f~ily, multi-f~ily condominiums, ~il~ p~s, mobile home p~ks, etc. which utili~ a m~m meter shall p~ all fire flow through {he m~. ~c mctcr shall bc si~ to p~ ~c dom~fic coincident d~fl plus mt~ fire flow at thc .~.& presort loss ~ificalions. ~ dual warm syslcms, fire ~d domestic flows in s~tc pipctin~ do~s~ of ~c m~tm mc{~, Ih~ fire line shall have a Fire Scmicc mt~ mctm. approv~ by thc Count, ~th appropriate backflow 1 2.1 ~.2 Communal ~d Other Non-Rcsidcnlial. Commc<ial such ~ shopping cenlc~, malls, relail indust~al buildings, crc. shall have ~ s~tc fire conn~t~on lo Ibc water distribution main..& Fire Scm~cc ~lcd mct~, approved by Ibc County, .14 and ,soli;,on valves sh,all Ix calcndcd ,dmvt final lrdde in [he m~nncr del)iCrCd on C)tlJ~l W.l('J or ~.11 in Xppendix D. Mctcnnl dc.,,]ces ~us~ be set in non-mai'ftc a~taz, and IN: rtlclily accessible Io the meter readcrs. McterinI devices taus! lie wilhin a UlJlity F..asanent which will be dedicated sepaz':~lely to thc Boazd I'or thc appropriate Water. Sewer District or in canjunction wKh the easements fof .uty on-site utility faciliIles. The Owner shall purchase and irmall an approved meier and approved b~ckflow devices al no expense to the appropriale Waler.$ewer DistricL 12.18.3 Testing. Ail meters and backflow tie,rices shall be tested and certified by a Certified Back/low T~stcr prior to preliminary acceptance and an an annual baz~s. 12.19 Testing and Cleaz'anc¢ Pr0cedm~s All water facilities shall be subjected to pressur~ tesring and disin£ec'don con£orming the AW'WA. Standaz~s C600 and C601, latest 12.19.1 Temporary Meters: !. Ternporazy me, rs may be applied t'or at tho Wazc~ Deparlment o~ce betwon~ L'00 a.m. and 5:00 p.m., Monday through Friday, uncler the conditions provided in Ordinance No. 86-67 az may be amc~ed time Ia lime. 2. ,'/'emporaz,/ meters will be L'ts'talla:! t'or the purpose or' suppt)~ng 'consmuction water to meet the County requirement for new water line cons~uction az listed below and require a minimum ot'48 horns advanced notice.. All bar. kflow devices shall be reduced pr~sure type ~ shall be certified in accordance w~th para~-q~h 12.19.6. 3. Temporary metres will be b~'t~lled by County persormel az depicted Detail 9/-4. 12.19.2 Line Filling. Lines mxier construction will be filled util~ng water supplied by the temporz~-~, meter and will be performed by the Conlzzctor. At! lines 12 inches and l~rger shall be pi~ed to clear debris prim to ~il bon: flushinF,. - 12.19.3 Full Bore Flush. Full bor~ flush will be performed by County Water Dis~butJon personnel az all times. During ~I! ber~ flusi~ng the Conmactor will be permined to install a spool piece to close thc ~ illustrzted in Detail W-4. Upon completion of' the flushing, connection to the County's ~'/ii6es shall be returned to the confi~u=tion shown Detail W..4. 12.19.4 Chlorinal~on. L~e chlorina~on wi!! be performed utili~n~ w~ter suppl{ed by the tempo~a,ry meier, to supply water t'or the puz~pose of. chlorinalin$ newly constructed polable water lines. Tl~s pmcalu~ will be performed by the Contr:zctor. sz~cl requires 48 hottr written notice lo W~er Dcpaz~cm prior to performance. 12.19.5 Post Chlo~oa Flushes. Post Chlorination Flushes shall be performed by Ihe contractor suing ~hc tempor'ary con.s~uclion meter. All chlorine injected into ~hc ~7~[cm r~r 4,~,n~'=c.on Ih4ll b¢ dushcd horn [hc sysicm U Ic:lsl Z4 h~n~or~ it collccnon a~ ~acfenolaitczl ~mpl~. ~o~cd us~n~ ~he w~l~ suppli~ by [hc ~ mcl~, ~or sullenI pr~ duhng s~plc collcc~mn o~ newly consl~c[cd ~=blc w=[cr lines. ~s p~urc w~ll r~uir= ~llen no~cc 3 ~mimum aC 2 d~ys p~or [o pc~o~cc. ~csc pr~u~ ~c [o ~ ~o~ on Monday [hroush ~und=y, unl~ o[h~sc di~Kl~ by W=[~ ~liom. U~ No c~rcums[anccs shall ~ny pc~n olh~ [h~ an ~ul~dz~ Coun~ W=~ UlilhJ= ~nm~ employee opcra[c v=lvcs, m~kc ~cc ~ or ~ ~h ~un~ di~u~on ~iiJ6~ F~iu~ [o ~mply ~i[h [h~c r~uircm~u ~i~ pl~ such ~ndi~du~ in ]mp~y of i~l ~io~ by Count/punu=m [o Coun~ ~din=c= or R~iu[io= in c~ ~ Ibc ~mc oeec 12.20 ~[o~ T~in8 =d S~plc {~ici~ only. ~e Con.tot or his ~ s~ ~dc ~ ~ui~ ~=j~ ~ to supply ~ conlinuous ~plc = ~c ~inu indi~ on ~ ~n~ ~6o~ S~ple ~ims havin~ one day ~o=1 o~2~ non ~ii~o~ b~ or ~ M~ ~ ~=id~ ~ail~ s~pl~. S~mpl~ ~n[~inin~ one ~li~o~ b~c~al or ~1~ Mil ~ ~ ~ail~ S3mplc. Ail ~[~blc wa~ ~{lifi~ ~ll p~ b~ct~olo~l ~ M[hin 1~ da~ pl=c~ in s~icc for (~smJ~ion lin~ ~ 30 d=~ o~bdns pl~ in ~ ~or ~u~o~ lin~. S~ION THIRd,N: Coun~ may r~mm~d ~mdm~ to ~s ~in~ ~ m~y ~ n~ ~n prior ~e~ by th~ Utili~ C~ Su~mmiR~ of the Doelopmmt ~ Ad~ ~R~ by &e Public Wo~s Adminis~or on t~l manta ~ in ~ of ~n~i~ ~ ~ u~n the additional prior revi~ by ~e ~mmuni~ Dev~lopm~t ~d ~mm~ Administrator. S~ION FOURTEEN: P~NAL~ ~d punish~ ~ pm~d~ by S~ion 125.69, F~o~da Statute. ~h day &~ ~ola~i~ ~minu~ ~hall congitute a s~ off~e. Additionally, the 8o~ may bring ~it for ~g~ ~nin, enjoin or o~he~se pr~vmt the ~olatioa of ~his ~in~c~ ~ ~e Ciguit Cou~ Collier County. SE~ION FI~EEN: REPEAL OF ORDNANCES A~ R~OL~ON$ Collier Coun~ ~din~ce No. g~-76, ~9-~ md g9-32 ~ hmby ~l~ ~pe~ed~ in ~heir enlire~. Collier Coun~ Rezolution No. g9-127 ~d R~lution No. ~[ !1 a~ hereby ~d supe~ed in ~he~r enti~. 1611 SPECIFICATION A EXCAVATION AND BACKFILL FOR BURIED PIPELINES SCOPE OF WORK: The work to be performed under this Specification shall include all labor, materials, equipment, and services as are necessary for the excavating and backfilling of all pipeline trenches. Any modifications or additions to this Specification are set forth in the preceding "Special Construction Provisions". The work shall include the excavation and backfill of whatever substances are encountered to the depths shown on the Drawings, or stated herein, or modified in the Field by the Engineer. No classification will be made of the materials excavated either as to nature, or as to compositions, or as to degree of water content. GENERAL REQUIREMENTS: Except as shown otherwise on the Drawings, all excavation shall be made by open cut. Permission may be granted to tunnel under driveways, crosswalks, curbing, walkways, ~nd utility installations, but such tunnels shall not exceed 10 .feet in length. When excavations are through lawns, cultivated fields, pasture land, or areas having grass cover, the Contractor must stockpile separately all top soil which shall be replaced on top of the 15ackfilling in the trench. All surfaces that have grass shall be re-seeded by the Contractor at a time designated by the Engineer but within the life of the Contract. All lawns and other grass-covered areas not excavated, on which excavated material is placed, shall be protected from damage by placing burlap over the grass. SITE PREPARATION: Fences, walls, curbs, sidewalks, or structures shown on the Drawings to be removed, or if not so shown on the Drawings and authorized in writing by the Engineer to be removed, shall be so removed and shall later be replaced in a manner acceptable to the Engineer. PROTECTION OF EXISTING FACILITIES: General. Existing power lines, telephone lines, 6-inch diameter trees six feet or more from the pipe centerline, shrubbery, fences, water mains, gas mains. sewers, cables, conduits, ditches embankments and other structures in the vicinity of the work not authorized to be removed, shall be supported and protected fro~ injury by the Contractor during construction and until completion of the work affecting them. The Contractor shall be liable I'br :ill damages done to such existing facilities and structures, as herein provided, and he shall save thc Owner harmless from any liability or expense for injuries, damages, or repairs to such t'acilities. bo 1611 Underground Facilities. The type, size, location and number of all known underground facilities have been shown on the drawings; however, no guarantee is made as to the true type, size, location or number of such facilities. 'It shall be the responsibility of the Contractor to verify the existence and location of all underground utilities along the route of the work. The omission from or the inclusion of, utility locations on the Drawings is not to be considered as the non-existence of, or a definite location of, existing underground utilities. The Contractor shall notify the Owner or owners of the existing utilities, whether above-ground or under-ground, prior to proceeding with trench excavation whenever such trenching operations are within ten feet of the possible location of any existing utility. Should any such utility be damaged in the trenching operations, the Contractor shall immediately notify the owner of such utility, and unless authorized in writing by the owner of the utility, the Contractor shall not attempt to make repairs. Duplicate copies of any written authorization given to the Contractor to make repairs shall be filed with the Engineer and shall be so worded as to save harmless the Owner of any responsibility whatsoever relative to the sufficiency of the repairs. In the event that during construction, it is determined that any underground utility conduit, including sewers, water mains, gas mains and drainage structures, and any above-ground utility facilities are required to be relocated, the Contractor shall notify the utility owner well in advance of his approach to such utility so that arrangements with the Owner or owners of the affected utility can be completed without delay to the work. SUBSURFACE INFORMATION: Except as may be shown on the Drawings or set forth in the "Special Construction Provisions", no subsurface exploration has been made along the pipeline alignment. EXCAVATION CLASSIFICATION: No classification will be made of the materials excavated either as-to nature, or as to composition, or as to degree of water content. TRENCH WIDTH: The minimum clear trench width measured at the top of the pipe barrel shall be not less than the trench width shown in the following table. MINIMUM TRENCH WIDTH TABLE Nominal Pipe Size Inches Trench Width, Minimum No.of Pipe Diameters¢O,D.) Inches 4 4.3 18 6 2.9 18 8 2.9 24 10 2.5 26' 12 2.4 30 15 2.0 30 18 1.8 32 21 1.6 34 24 1.5 36 27 1.5 40 1611 For all pipe, the maximum clear trench width measured at a point 12 inches above the top of the pipe barrel shall be not greater than the trench width shown in the following table. MAXIMUM TRENCH WIDTH TABLE Pipe Dia. Maximum Pipe Dia. Inches Trench Inches Inches Maximum Trench Inches 4 24 24 6 24 27 8 - 26 30 10 30 33 12 33 36 15 36 39 18 40 42 21 44 48 In the event the above-stated maximum trench widths are exceeded, either through accident or otherwise, and if the Engineer determines that the backfill will exceed the design loadings of the pipe, the Contractor will be required to either cradle the pipe in concrete or to use a pipe of a stronger class, if such is available. The cost of such remedial measures shall be entirely at the Contractor's own expense. 48 52 56 60 68 72 75 82 1611 10. Il. TRENCH WALLS: Generally, all trench side walls shall be considered to be vertical from the bottom to the top of the excavation. The Contractor may request that the Engineer grant him permission to slope or bench the trench side walls. In the event the Engineer grants the Contractor permission to slope or bench the trench side walls, the sloping or benching shall terminate at a depth not less than one foot above the top oi" the pipe barrel, and from that point down the trench wall shall be vertical. In the event sloping of the trench side 'walls is permitted by the Engineer, the trenching operation, including the spoil bank, shall be confined to the width of the combined permanent, and temporary, rights-of-way, if any. A clear area shall be maintained a sufficient distance back from the top edge of the excavation to avoid overloading which may cause slides or caving of the trench walls. The excavated material shall be kept trimmed in such a manner as to be of as little inconvenience as possible to the public and adjoining property owners. Unless otherwise authorized by the Engineer, all public thoroughfares and cross roads shall be kept open to traffic. At street crossings, sidewalks, and other points where the Engineer deems necessary, the trenches shall be bridged in a safe manner so as to prevent serious interruption of travel and m provide access to fire hydrants and public and private premises. Such bridging shall be approved by the Engineer. TRENCH DEPTH: The trenches shall be excavated to such depths that the pipeline will be laid at the elevation of th6 grade lines shown on the Drawings, or at such other depths or covers specified on the Drawings. CUTTING PAVEMENT: The excavation in streets with permanent paving must be confined to a minimum width. The pavement shall be cut with a vertical face 6 inches beyond each trench wall and on a straight line. For payment purposes, the maximum width of pavement that will be paid for will be 36 inches on either side of the pipe centerline, and a maximum total width of 72 inches when pavement is excavated on both sides of the pipe centerline. Backfilling and pavement restoration shall be in accordance with Ordinance 82-91 and Collier County Public Rights-of-way Construction Standards Handbook unless otherwise detailed on the approved construction drawings. EXISTING ROAD GRAVEL SURFACING: The gravel surfacing, removed during trench excavation, shall be replaced to not less than 10-inch compacted depth. Backfilling and base restoration shall be in accordance with Ordinance 82-91 and Collier County Public Rights-of-way Construction Standards Handbook unless otherwise detailed on the approved construction drawings. 161! 13. TRENCH PREPARATION: Each trench shall be excavated so that the pipe can be laid to the alignment and depth required, and it shall be excavated only so far in advance of pipe laying as permitted by the Engineer. The trench wall shall be so braced that the workman may work safely and efficiently. All trenches shall be drained so that pipe laying may take place in unwatered conditions. Trench preparation shall also conform to the details shown on the Drawings. The width of the trench shall be ample to permit the pipe to be laid and jointed properly, and the backfill to be placed as specified. Trenches shall be of such extra ~idth, when required, as will permit the convenient placing of timber supports, sheeting, and bracing, and the handling of special units as necessary. Bell holes shall be provided at each joint to permit the jointing to be made properly. After excavation, the trench bottom shall be uniformly graded and handshaped so that the pipe barrel (exclusive of the join0 will have uniform and continuous bearing on f'u'm, undisturbed trench bottoin, or thoroughly compacted granular material, throughout the length of the pipe. The trench grade shall permit the pipe spigot to be accurately centered in the preceding-laid pipe joint, without lifting the pipe above the grade, and without exceeding the permissible joint deflection. If it is necessary to raise the pipe subgrade, approved, special compacted fill shall be used. In the event unstable foundation is encountered, the Contractor shall excavate the unstable material and backfill the over-excavated with 1/2 inch uniformly graded concrete coarse aggregate. For areas where large stones are encountered, so that hand-shaping of the trench is impractical, the trench shall be over-excavated approximately 4 inches, and the trench bottom brought to correct grade with approved granular bedding material as set forth in Paragraph 16. SHORING: As needed, all trench sidewalls shall be properly sheeted and braced to furnish safe working conditions. The shoring shall be arranged so as not to place any stress on portions of the completed work until the general construction thereof has proceeded far enough to provide ample strength. Any damage to pipes or structures occurring through settlements, water or earth pressures, slides, caving, or other causes, due to lack of sheeting or bracing, or due to any other negligence on the part of the Contractor, shall be repaired by the Contractor at his own expense. Shoring shall be removed as the work progresses. 1611 14. 15. 16. BLASTING: In general, excavation blasting will be permitted for portions of the work which may be expedited thereby, and a blasting permit is granted Collier County. The Contracto'r shall enlist the services of an experienced explosives engineer for advice on blasting methods and protection of existing structures and facilities. Blasting shall be performed in such a manner that no damage will result to any building, structure, pipeline, utilities, or facility on or off the site of the work, or above or below groundline. Any damage suffered as a result of blasting shall be repaired to the satisfaction of the Engineer, at the Contractor's expense. Blasting shall be done in such a manner that rock is not loosened nor disturbed below the pipe foundation. REMOVAL OF WATER: The Contractor shall provide and maintain at all times ample means and devices with which to remove promptly and properly dispose of all water entering the trench excavation. Water shall be disposed of in a suitable manner without damage to adjacent property or without being a menace to public health and convenience. No water shall be drained into work built or under construction without prior consent of the Engineer. Dewatering shall be accomplished by well points, sumping, or any other acceptable method which will insure an dewatered trench. Any dewatering method shall be subject to the approval of the Engineer. BEDDING AND BACKFILLING: For the purposes of this Specification, the term "pipe bedding" shall refer to material below the pipe invert; backfilling shall consist of all material above the bedding. a. Bedding. When the bottom of the trench is excavated in rock, (see Paragraph 12), the depth below the pipe bottom shall be backfilled with specified granular material, such as sand or crushed stone, compacted in place. This material shall meet the following gradation: Sieve Size Total Passing by Sizes (Percentage bv Wei_eht) b'_2-inch 100% No. I0 80% No. 200 0 - 7% All material must have the approval of the Engineer before procuring. After the specified granular bedding has been placed and has been approved, and after the pipe has been installed and approved, the pipe trench shall be backfilled. For backfilling around the pipe, suitable approved fine material, taken from the excavated earth, and having no stones greater than the following: 2 inches diameter for Ductile-Iron pipe. inch diameter for Cast-Iron and Concrete pipe. 3/4-inch for Vitrified Clay, Asbestos Cement, and PVC pipe. This backfill shall be compacted in place to an elevation 6 inches above the top of the pipe. This backfill shall be placed and compacted in distinct, separate lifts not to exceed 6 inches of loose depth; ~xcept that the f'trst lift shall not be above the pipe spring line. All backfill material shall be free of frozen material, organic material, and debris. Tamping equipment, such a hand "T" bars, or air or mechanical units, which can thoroughly tamp material to 95 % maximum dry density or greater, shall be used with particular care for tamping material below the spring line. If sufficient acceptable backfill material (~itable for placement within 6 inches of the pipe barrel) is not available at any particular location, the Contractor shall segregate or screen out large stones or shall provide acceptable material from excavations at other locations in the work under this Contract. No extra cost will be paid for this moving and handling of backfilling material. If sufficient material is not reasonably available, the Contractor shall notify the Engineer. In this case, the Engineer will locate a source of suitable material. -The cost of the material, if purchased, will then be paid for by the Owner. If the located borrow area source is greater than one-half mile from the work, then hauling of the material in shall be paid for as extra work. Loading of this material shall be the responsibility of the Contractor in any case. Backfilling in Roads and Streets. Beneath all traveled way in roads and streets. the backfill above the bedding shall be carefully placed and compacted. Compaction shall be by mechanical tamping in 8-inch maximum lifts. When approved by the Engineer. which will be based on the Contractor's guarantee of how the work will be performed, compaction by "hydro-hammering", or by water inundation, may be approved. Water for inundation must be provided and paid t'or the Contractor. Regardless or' the method of compacting, all compaction in this Paragraph shall be 95% of the maximum laboratory dry density, in accordance with ASTM Specification, Designation D698-64T. or latest revision. Backfilling all other Locations. Unless shown otherwise on the Drawings, or in the Special Construction Provisions, all backfill above the bedding shall be carefully dumped into the trench, providing the depth to the bedding is no more than 4 t'eet. The backfill shall be mounded over the trench and a loaded dump truck shall compact the backfill by its wheel load. No less than two passes shall be made. If the backfill is depressed below the ground surface, the depressed area shall be refilled and the truck shall make no less than 2 passes over the area. This process shall be continued until the backfill is level with natural ground surface. 17. When the trench depth is such that it is more than 4 feet in depth to tile top of the bedding, the backfill shall be compacted at each 4' depth level. do Boulders. No boulders over 6 inches in diameter shall be allowed in the top 12 inches of the trench. Further, all backfill shall be carefully placed so that no damage will be done to the pipeline. No backfill material shall have boulders larger than 24 inches in diameter. Boulders larger than 8 inches in diameter shall be carefully lowered into trench; no such boulders shall be placed within 2 feet of the pipe. co Maintenance of Backfill. All backfill shall be maintained in a satisfactory condition, and all places showing signs of settlement shall be filled and maintained during the life of the Contract and for a period of one year following the date of final acceptance of all work performed under the Contract. When the Contractor is notified by the Engin6er or the Owner that any backfill is hazardous, he shall correct such hazardous condition at once. Any utilities and road surfacing damaged by such settlement shall be repaired by the Contractor to the satisfaction of the Owner and Engineer. In addition, the Contractor shall be responsible for the cost to the Owner of all claims for damages filed with court actions brought against the said Owner for, and on account of, such damage. SURFACE RESTORATION: ao General. Where pavement, curb and gutter, sidewalks, or other improved surfaces have been removed during the course of the work, such items shall be restored to a condition equal to that prior to removal, to the same elevation and alignment. The subgrade for all restored surfaces shall be thoroughly compacted by mechanical or hand tampers, weighing not less than 20 pounds, by vibratory rollers, or by other proposed means of compaction acceptable to the Engineer. Base course shall be added for bituminous pavement. Sod. defined as densely grassed turf. which is removed, shall be replaced with sod or' the same quality, or the sod removed may be put back if it has been properly stored and remains in a healthy condition. Street Improvements. Paving, curb and gutter, sidewalk or other street improvement destroyed, removed, or damaged during construction shall be replaced with the same type and dimensions of units removed and shall be equal to, and consistent with, the undisturbed portions of the improvements existing prior to the trench excavation. All debris shall be removed from the site of the work at the expense of the Contractor. All concrete used in the restoration work shall be equal to the requirements of the street or highway department having jurisdiction. The thickness of all' paving shall be same as the adjacent undisturbed paving, but shall not be less than 2 inches. 18. PIPE JACKING OR BORING. ao General. Where it is indicated on the Drawings that open trenching for the pipeline across railroad tracks, highways, or other obstru, ctions is prohibited, the pipe shall be instilled by jacking or_ by boring. Protection of Roadbed. No excavation .for jacking and boring pits will be permitted within 15 feet of the centerline of any railroad track or within 15 feet of the shoulder of any highway. The sides of pits shall be supported by sheetpiling placed in such a manner as to prevent any movement or slippage of the earth during the excavation and jacking 6r boring operations. The Contractor shall work in close cooperation with the highway department having jurisdiction or the railroad company to insure the protection of their property and traffic. Jacking and Boring Pit. The jacking or boring pit shall be excavated on one side of the right-of-way under which the pipe or casing is to be installed. The pit shall be only of sufficient length to provide room for the boring machine or the jacking head, the jacking frame, the reaction blocks, the jacks, and one or two lengths of pipe, depending on the kind of pipe to be jacked or bored into place. The pit should be of sufficient width to permit ample working space. The end of the pit nearest the roadbed shall present a vertical face. do Jacking Frame. A jacking frame shall be constructed of guide timbers, backstop, and pushing or jacking head. Guide timbers or rails shall be constructed to the exact line and grade of the pipeline and shall be anchored in such a manner as to be capable of maintaining the alignment and gradient throughout the jacking operations. The backstop shall be so constructed as to provide a bearing area capable of supporting no less than 200 percent of the estimated maximum jacking pressure and shall be perpendicular to the centerline of the pipe to be jacked. It shall be anchored and brace in a manner to assure that this position will be maintained throughout the jacking operation. The pushing or jacking head shall be constructed to fit the pipe to be jacked and to assure that the pressure developed by the jacks will be evenly distributed on the periphery of the pipe. An opening large enough to permit the entrance of men and materials shall be left and maintained in the jacking head. Jacking Procedure. Depending on soil conditions, the excavating operation inside of the pipe shall proceed approximately one foot ahead of the lead pipe. The excavation around the top and side of the pipe shall be one inch larger than the periphery of the pipe. The bottom of the excavation shall be cut accurately to line and grade. Material. The requirements for the pipe to be jacked or bored shall be specified on the Drawings or in the Special Construction Provisions. 19. FINISH GRADING AND CLEANUP. The Contractor shall grade the trench line to a smooth grade to effect a neat and workmanlike appearance of the trench line. Boulders which cannot be placed in the trench backfill shall be collected and hauled to a dump site selected the Contractor, off the Owner's property, easements, and right-of-way. Excess excavated materials, if any, shall be similarly hauled away, to a location selected by the Contractor, off the Owner's property, easements, and rights-of-way. Roadway surfaces shall be repaired as required by the Specifications, the Drawings, and/or the Special Construction Provisions. All tools, equipment of the work, barricades and temporary structures shall be removed from the site by the Contractor. All excess dirt and rubbish shall be removed and the construction site left clean, to the satisfaction of the Engineer. SPECIFICATION B CLEARING AND GRUBBING DESCRIPTION: The work specified in this section consists of clearing and grubbing within the areas of right-of-way, and any other areas shown on the plans or designated by the Engineer. This work shall also include adequate disposal of all debris and refuse from this operation. CLEARING AND GRUBBING OPERATIONS: Clearing and grubbing shall consist of the complete removal and disposal of all timber, brush, stumps, roots, grass, weeds, rubbish and all other obstructions resting on or protruding through the surface of the existing ground. In roadway cut areas, all stumps, roots, and other debris shall be removed to a depth of not less than two feet below ground surface. In areas under roadway embankments from which unsuitable material is to be removed, all stumps, roots and other debris shall be removed to a depth of at least 12 inches below the original ground surface. In areas outside the grading limits, stumps and roots may be cut flush with the ground in lieu of being removed. All loose boulders and debris lying on the ground shall also be removed and disposed of by the Contractor. Such individual trees as the Engineer may designate and mark ahall be left standing and uninjured. In order to minimize damage to trees that are to be left standing, trees shall be felled toward the center of area being cleared. When necessary to prevent damage to structures, other trees or property, or to minimize danger to traffic, trees shall be cut in sections from the top downward. Property obstructions which are to remain in place, such as buildings, sewers, drains, water or gas pipes, conduits, poles, walls posts, bridges, etc., are to be carefully protected from damage and are to be displaced except as might be directed by the Engineer for unusual cases. DISPOSAL OF MATERIAL: Unless otherwise specified, all material resulting from clearing and grubbing shall become the responsibility of the Contractor to dispose of in any legal manner and place as he selects, off the Owner's property. Under no circumstances shall the Contractor allow any material resulting from clearing and grubbing to interfere with the public. There will be not burning of material without prior approval of all Agencies involved. 1611 EXCAVATION AND EMBANKMENT DESCRIPTION: The work specified in this section consists of excavating, removing and disposing of all unsuitable or excess materials within the limits of the work, and placing embankments to the proposed line, grade and cross section. It shall also include all excavation, borrow, filling, shaping, sloping necessary for the construction, preparation, and completion of subgrades, shoulders, ditches, slopes, gutters, intersections, approaches, private entrances, canals, and canal slopes all in accordance with required alignment, grade and cross sections shown on the plans or standard details. ROADWAY EXCAVATION: Roadway excavation shall consist of the excavation and satisfactory disposal of all materials not necessary for the construction of the roadway. The Contractor shall take the necessary steps to prevent the loss of material from the roadway due to the actions of wind or water. During construction of the roadway, the roadbed shall be maintained in such condition that it will be well drained at all times. UNSUITABLE MATERIAL: All muck, peat, or sand and clay with high percentage of organic material (BPR Soil Classification A-6, A-7, and A-8 or soils in groups A-6, and A-7 by . AASHTO Specification M-145)' shall be considered unsuitable material and shall be removed to suitable foundation approved by the Engineer. Soils in group A-4 and A-5 must be removed. The unsuitable material shall be removed to at least 10' beyond the edge of pavement on each side of the roadway. Where a layer of muck or unsuitable material lies below a layer of suitable subgrade material, all material shall be removed, and the unsuitable material shall be r6placed with a suitable material then the original suitable subgrade material may be utilized. The suitable subgrade material shall be properly stockpiled so that it does not become mixed with unsuitable material. EMBANI~MENTS: Embankments shall consist of the construction of fill for the roadway and any of its components. Materials used for embankments shall be shell or shell and silica sand (BPR Soil Classification A-1, A-2, or A-3). Soils in A-4 or A-5 Classification shall not be used unless they are blended with sufficient A-I, A-2 or A-3 soil so that the resultant mixture has a minimum California Bearing Ratio value of 25 at 95 percent of the maximum densitv as determined by AASHTO Specification T- 180. -- No piece of material that will not pass a 12-inch ring shall be placed within the top 2 feet of the completed embankment. No piece of material that will not pass a 3-1/2 inch ring shall be placed within the top 12 inches of the completed embankment. In no case shall stumps, roots, vegetation, or any other unsuitable material be used in the construction of embankments. The embankment material shall be so placed as to eliminate the segregation of large pieces of shell and in such a manner that will not create voids. It' voids are formed, they shall be eliminated to the satisfaction of the Engineer. 1611 Embankments shall be constructed in layers of not more than 12 inches compacted thickness, and compacted to density of not less than 95 percent of the maximum density as determined by AASHTO Specification T-t80. Embankments over and around pipes or culverts shall be made with select materials approved by the Engineer. Compaction shall be performed as stated herein, but special care shall be taken to avoid damaging of the pipe or culvert. Embankments shall be kept symmetrical on all sides of pipe structures to avoid displacement. Hand tamping devices shall be used for compacting in and around pipe structures in 6-inch layers until a depth of 12 inches over the top of the pipe is obtained. Mechanical compactors shall then be used for compacting from 12 inches above the top of the pipe to the final grade in layers not exceeding 12 inches in compacted thickness. FILLING UNDER WATER: After removal of muck and other deleterious materials from the roadway and necessary berm area and approval of the Engineer, areas stripped under water shall be filled with an acceptable fill to a maximum of 12 to 18 inches above the water table that existed prior to filling. The surface of the fill shall then be compacted to comply with these specifications. If a saturated or "lob-lolly" condition exists that prevents the compaction from taking place, the Contractor shall cease operation~ until the water level has an opportunity to subside. Scheduling of operations should be such that if conditions warrant, the f'filed area may be left for a week to 10 days (or until density may be obtained). This may occur when a high carbonate soil is utilized for filling. After the proper density is obtained, the successive layers of fill shall then be placed and compacted in accordance with these specifications and to the satisfaction of the Engineer. SHOULDERS, SLOPES, SWALES, AND GENERAL CONSTRUCTION: On roadways where no curb and gutter is required or called for on the plans, the base course and subgrade shall be extended as depicted in the standard details or shown on the plans. All cut and fill slopes shall be constructed as shown on the approved plans. The Contractor shall be responsible for the-stability of all slopes and shall replace any portion which has become displaced. Where the plans call for construction of shoulders, berms, swales, intersections, approaches, private entrances or any other general construction, such work shall conform to the lines, grades, cross sections as depicted in the standard details or shown on the plans. SPECIFICATION C ROAD CONSTRUCTION SUBGRADE 1611 DESCRIPTION: The work shall consists of bringing the bottom of the excavations and the top of the embankments of the roadway between the outer limits of the roadway to a surface conforming to the lines, grades, and cross sections shown on the plans, of uniform required density, ready to receive the base or paving course. The final elevation of the subgrade shall be within O. I feet of the required elevation. ~ All submerged stumps, roots, and other unsuitable matter encountered in the preparation of the subgrade shall be removeA and replaced with a suitable material. The material in the top 12" of subgrade shall be compacted to 98% of maximum density as determined by AASHTO T-180. The entire subgrade, including 2 feet beyond the edge of the proposed pavement, shall be thoroughly plowed, scarified, and mixed to a depth of not less than 24 inches below grade. All pot holes and other irregularities shall be filled with suitable material or trimmed down as the case may be, prior to compacting. If the area is cut to grade ia natural rock, the top 24 inches shall be thoroughly plowed, scarified, and mixed. This plowed, scarified, and mixed layer shall be compacted to not less than 98 percent of the maximum density as determined, by AASHTO Specification T-180 prior to the placement of the base course. After the subgrade has been prepared as specified above, the Contractor shall maintain it free from ruts, depressions, and damage resulting from the hauling and handling of any material, equipment, tools, etc. Ditches or drains shall be constructed and maintained along the completed subgrade section. Just before the base course is laid, the subgrade shall be tested as to crown, elevation and density. STABILIZED SUBGRADE Construct as shown on the drawings. Minimum limerock bearing ratio 40, 98% density. Ail per applicable Collier County requirements. BASE COURSE Construct as shown on the drawings. Minimum limerock bearing ratio 100. All per applicable Collier County requirements. ARMOR COAT 1611 SCOPE: The Contractor shall construct an armor coat on the prepared base immediately after its construction. The armor coat shall consist of either a hot sand mix or a mixture of screening and cut-back asphalt, Grade RC-70. ASPHALTIC CONCRETE SURFACE COURSE DESCRIPTION: The work specified in the section consists of the construction of an asphaltic concrete surface course composed of a mixture of aggregates, mineral filler and asphalt cement properly laid upon a prepared base, existing surface course in accordance with these Specifications and in conformity with the lines, grades, thickness, and typical cross s~ections shown on the plans or standard details. Use Type S-1 or S-3 asphaltic concrete. STRUCTURAL ELEMENTS TESTING PROCEDURE Stabilized Subgrade: After mixing of the subgrade, a sample is to be taken on the job-site by an independent certified laboratory of the contractors own choosing to determine the proctor and LBR. Density tests are to be completed by a private certified laboratory of the contractors own choosing and using equipment capable of testing the full 12 inches depth in one test. Density test shall be performed along the roadway at no more than 300' o.c. Density test re. suits shall be submitted to the engineer for approval prior to construction of the lirnerock base. Limerock Base: A limerock sample is to be taken on the job-site by an independent certified laboratory of the contractors own choosing to determine the proctor and LBR. The limerock base is to be placed in two courses with density tests to be taken and passing on the first lift prior to placement of the second lift. Density tests shall be performed on each lift along the roadway at no more than 300' o.c. Density test results shall be submitted to the engineer for approval prior to construction of the asphalt surface. The engineer is to be notified prior to testing so the testing procedure may be observed. SPECIFICATION D 1611 STORM DRAINAGE SCOPE: This section includes furnishing precast reinforced concrete box section, storm drain lines, manholes, and catch basins. MATERIALS: ao Box Culvert - All precast reinforced concrete box sections shall conform to ASTM C- 850-82 with less than 2 feet of cover and subject to Highway loadings. bo Pipe - All drainage pipe shall be reinforced concrete pipe conforming to ASTM C-76, ASTM C-506 or ASTM C-507 and have tongue and groove joints. Jointing shall be made with an "O" ting gasket or approved equal. c. Catch Basins - Precast concrete or cast-in-place concrete as indicated on plans. d. Concrete - Concrete shall have a minimum compressive strength of 3000 psi at 28 days. eo Cement - For concrete shall conform to Federal Specifications SS-C-192g(1) Type. 1 or Type II. fo Aggregates - For concrete shall conform to ASTM Specifications C-33. Maximum size of coarse aggregate shall be in accordance with American Concrete Institute 613. All aggregates shall be free of salt water and shall not be mined from salt water sources. go Water - Shall be clean fresh and free from salt, organic matter, injurious amount of alkali and other deleterious substances. Reinforcing Steel - Deformed bars conforming to ASTM A-615, Grade 60; yield point to be 60,000 psi, minimum. Castings - Manhole frames and covers to be of cast iron in conformance with Federal Specifications RR-F-621b, or ASTM A-48. All metal to be cleaned and painted with one prime coat and two finish coats. Steel grates for inlets to be in conformance with Federal Specification RR-G-661C. INSTALLATIONS 1611 Excavation - Shall be made to the lines and depths shown on the drawings and herein specified. The width of the trench shall be such that there is not less than six inches, nor more than twelve inches of space between the pipes when laid at the sides of the trench. The sides of the trench shall be as nearly vertical as possible. Provide all trench bracing, sheeting, shoring or dewatering necessary to perform and protect the excavation. The bracing, sheeting or shoring shall be removed after the completion of the backfill. When trench bottom material that pipe will rest on is found to be unsuitable, it shall be removed and replaced with suitable material or pipes installed on cradles, all to the satisfaction of the Engineer. Unsuitable material includes, clay, muck, organic matter, vegetation, peat, etc. Laying and Installing of Drain Pipe - After the trench has been excavated to the proper width and depth and the foundation support is satisfactory, the pipe shall be carefully lowered into place. Laying shall commence at the lowest point and continue upgrade. When bell and spigot pipe is used, the bell shall be laid upgrade. Cut out for bells to insure uniform bearing along full length of pipe barrel. The bed for the pipe shall be so shaped that at least the lower quarter of the pipe shall be in continuous contact with the bottom of the trench. Space shall be excavated under. the joint so that when the pipe is in place, the joint shall not bear upon the ground. The barrel of each pipe, exclusive of the joint, shall be bedded to support the entire load of the pipe. Pipe may be laid underwater; a six (6) inch layer of pea rock for bedding pipe is required if laid underwater. Backfilling - Trenches shall be backf'flled as soon as possible. The backfill materials shall be selected granular material which can be readily compacted and which contains no rocks larger than 2-1/2 inches, lumps, clods, clay, muck vegetation, or other objectionable material. A minimum of 35 percent of the material shall pass the No. 4 sieve. The materials shall be carefully placed in loose layers not exceeding six inches irt depth and compacted by hand to a density and of a moisture content acceptable to the Engineer. Care shall be taken in placing and compacting the backfill to avoid displacement of the pipe. The trench shall be hand compacted to one foot over the top of the pipe, the next two feet shall be compacted by hand or pneumatic tampers and the remainder compacted by any approved method. 1611 Under roads and paving the material shall be compacted to 90 percent of maximum density except the top six inches which shall be compacted to 95 percent of laboratory maximum dry density. In turf areas compaction shall conform to adjoining material. Compaction of the backfill material by jetting or ponding will not be permitted. Catch Basins - Install true to line and grade. Concrete base to be poured unformed against undisturbed earth. Pre-cast structures shall be set on a bed of 6' pea rock or hard gravel, well compacted. Backfill around inlets to be placed in layers not exceeding 12" and well compacted by hand or pneumatic tampers. Material for backfill to be same as for pipes. Where aluminum pipe comes in contact with the concrete of the catch basin, pipe shall be coated with bitumastic asphalt. Concrete - Concrete work shall be in conformance with the recommendations and requirements of the following American Concrete Institute Publications: ACI 318, ACI 347, ACI 613; ACI 614. COLLIER COUNTY GOVERNMENT 1611 PELICAN BAY SERVICES DIVISION 801 LAUREL OAK DRIVE SUITE 605 NAPLES, FL 34108 (941) 597-1749 FAX: (941) 597-4502 July 18, 2001 Ms. Sherry Long Collier County Project Review Services 2800 North Horseshoe Drive Naples, Florida 34104 RE: Cap d'Antibes Dear Ms. Long: Please find one set of approved plans for the above referenced project. These plans have been reviewed and approved and found to be in general conformance with the Pelican Bay Site Development and Plan Submittal Manual. If you have any questions regarding this matter, please contact my office. Yours sincerely, PELICAN BAY SF_A::iVICES DIVISION ,,/'ames P. Ward /~'~'~ :" Division Administrator COLLIER COUNTY GOVERNMENT PELICAN BAY SERVICES DIVISION 801 LAUREL OAK DRIVE SUITE 605 NAPLES, FL 34108 (941) 597-1749 FAX: (941) 597-4502 July 18, 2001 Mr. Mark W. Minor Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, Fla. 34134 RE: Cap d'Antibes Dear Mr. Minor: Please find two sets of approved plans for the above referenced project. These plans have been reviewed and approved and found to be in general conformance with the Pelican Bay Site Development and Plan Submittal Manual. If you have any questions regarding this matter, please contact my office. Yours sincerely, .~.~ELICAN BA/Y?ERylCES DIVISION James P. Ward Division Administrator Memorandum 161! To: From: Date: Subject: Pelican Bay Services Division Board James P. Ward January 3, 2003 Cap d'Antibes Landscape Plans Included in your Agenda Package is a set of Landscape Plans, which were provided for review by the developers of Cap d'Antibes. Pelican Bay Services Division does not normally review Landscape Plans for the various developers, hoxvever. Cap d'Antibes plans were provided at the request of' the Pelican Bay Services Division to review landscape issues adjacent to the berm road. Pelican Bay Services Date: [] Z ~LL! rn Z -.-I /- 1611 / 1611 MAP OF: WATERPARK PLACE SITE DEVELOPMENT LANDSCAPE PLAN Drawing No. 5.14.01.planting.dwg. Project No. 0120 ON MICROFILM IN THE CLERK TO THE BOARD MINUTES & RECORDS DEPARTMENT 1611 MAP OF: WATERPARK PLACE SITE DEVELOPMENT IRRIGATION PLAN Drawing No. 5.14.01.irr.dwg. Project No. 0120 ON MICROFILM IN THE CLERK TO THE BOARD MINUTES & RECORDS DEPARTMENT Memorandum To: From: Date: Subject: Pelican Bay Services Division Board James P. Ward January 2, 2003 Cap d'Antibes Attached please find copies of documents provided to staff by Dr. Raia with regard to his review of the Cap d'antibes Project. Pelican Bay Services Cap d'Antibes Information Section 7.04.03 Paragraph A and B of the Pelican Bay PUD definitely defines setback requirements. Paragraph C allows "in case of clustered buildings with a common architectural theme (which is not defined), these distances may be less (but is not specified by how much) provided that a site plan is approved in accordance with Section 2.05". (See attachment 1) Section 2.05a states that "approval of the site plan will be in harmony with the general intent and purpose of this document, will not be injurious to the neighborhood or to adjoining properties, etc., etc." (See attachment 2) On 28 June 1990 a Declaration of Restrictions is filed for the development of a four building cluster to be known as Waterpark Place. Article II, Paragraph 2c confirms Section 7.04.03 of the PUD. Article III, Paragraph 3 allows for DECLARANT to amend the declaration but that power is "limited to modification or enlargement of existing covenants which shall not substantially impair the general and uniform plan of development originally set forth herein." (See attachment 3) On 9 September 1991 the Declaration is amended to limit the total number of permitted dwelling units to 389 and on 6 February 1992 it is amended again to allow for one villa. (Apparently adding the villa permits the development to operate as a home owners association rather than the more restrictive condominium association.) On 16 April 1997 there is a settlement of a lawsuit involving the Pelican Bay Foundation, Gulf Bay, and WCI in reference to Waterpark Place. In the settlement Pelican Bay Foundation receives an easement for the berm and WCI agrees to support Gulf Bay in pursuing amendments to the Declaration. However "the court will retain jurisdiction to enforce this Settlement Agreement." (See attachment 4) 1611 On 10 November 1998 the Declaration is further amended in accordance with the above Settlement A~reement by which WCI waives submittal requirements except for exterior lighting, However, "all construction of improvements shall be consistent with the Common Architectural Theme for Waterpark Place." (See attachment 5) On 10 May 2001 (revised 9 July 2001) a new site plan for Waterpark Place is submitted and approved replacing the original four building plan, last revised 26 April 1995, showing the now existing St. Pierre and St. Laurent and replacing the proposed St. Margaux and St. Armands with the two tower building, the Cap d'Antibes. (See attachments 6 and 7) The approval of this significant change in the site plan is by staff personnel who rely on their interpretation of the PUD. Since changes are only permitted if they remain in the "Common Architectural Theme" the applicant submitted two supporting letters from licensed architects. The letters state that, in their opinion, the style of the building is similar in design and in use of material and color and therefore meets the Common Architectural Theme requirement. The a architects apparently overlooked the fact that the proposed design consists of two towers that measure over 650 feet at its base. The original buildings are single tower and measure less that 230 feet each. (See attachments 8 and 9) Another requirement for approving the site plan relates to the Declaration for Waterpark Place, specifically paragraph 2 c. A reduction in the setback requires the approval of the Declarant but Gulf Bay has been made the Declarant. However it must still be in compliance with the original site plan and the Planned Unit Development document. The original site plan shows four buildings of similar size and set back from a parcel line of 99+/- feet. This has been reduced to $0 feet. The Planned Unit Development document provides for the preservation of the property values of the owners. In addition amendments shall not significantly impair the general and uniform plan. The value of the St. Raphael sales were based on the original Waterpark Place plan that observed the 99+/- setback and two smaller buildings. The change in the size of the buildings and the set back reduction adversely affects the St. Raphael and violates Section 2.05. 1611 Letter from Collier count~ En~ineerin§ services Department under 1. c) states all PUD related stipulations shall apply to this project. In addition the letter requires "improved stabilized emergency apparatus access ways (min. 14' wide) must be available to within 100' of the structures." will not be followed. (See attachment 13) Attachments f 10. 11. 12 13. 14. These requirements Section 7.04.03 of the Pelican Bay PUD Section 2.05 of the Pelican Bay PUD Declaration creating Waterpark Place Lawsuit settlement between Foundation, WCI and Gulf Bay 1998 amendment to the Waterpark Place Declaration Original Site Plan for Waterpark Place Cap d'Antibes Site Plan Letter from Licensed Architect Letter from Licensed Architect Original site plan with the St. Raphael Cap d'Antibes plan with the St. Raphael Letter from Pelican Bay Services Division Submittal document Submittal document 7.04.03 MINIMUM YARDS: A. From tract or development parcel lines, right-of-way lines and/or the edge of the gutter of a private road, fifty (50) feet or one-half (1/2) the height of the structure, whichever is greater except that detached accessory structures shall be set back twenty (20) feet or 1/2 of the height, whichever is greater. B. Distance between structures - 1) Between any principal structures - one-half (1/2) the sum of their heights but not less than fifty (50) feet. 2) Between any two accessory uses - one-half (1/2) the sum of their heights but not less than thirty (30) feet. C. In the case of clustered buildings with a common architectural theme, these distances may be less provided that a site plan is approved in accordance with Section 2.05. 7.04.04 MAXIMUM HEIGHT OF PRINCIPAL AND ACCESSORY STRUCTURES: Principal structures: Two hundred (200) feet above finished grade of the lot, except in · those areas so identified on Exhibit "M", there shall be a maximum height of five (5) stories above one (1) floor of parking. Accessory structures shall be limited to a maximum of twenty-five (25) feet above finished grade of lot except for roof top recreation facilities. 7.04.05 MINIMUM LIVING AREA OF PRINCIPAL STRUCTURES: A. Those principal-- use structures which are identified in Section 7.03.A. shall contain a minimum of seven hundred and fifty gross square feet of living area per dwelling unit within principal structure. B. The minimum living area of any hotel or motel unit permitted under Section 7.03.B shall be three hundred (300) square feet. There shall be no maximum square footage. 7-3 2.05 2.06 SITE PLAN APPROVAL 1611 When site plan approval is required by this document the fcllowing procedure shall be followed: a. A written request for site plan approval shall be submit=ed to the Director for approval. The request shall .include materials necessary to demonstrate that the approval of the site plan will be in harmony with the general intent and purpose of this document, will not be injurious to the neighborhood or to adjoining properties, or otherwise detrimental to the public welfare. Such material may include, but is not limited to the following, where applicable: 1) Site plans at an appropriate scale showing proposed placement of structures on the property; provisions for ingress and egress, offstreet parking and offstreet loading areas, refuse and service areas; and required yards and other open spaces. 2) Plans showing hook-up; proposed locations for utilities 3) Plans for screening and buffering with references as to type, dimensions, and character; 4) Proposed landscaping and provisions protected by County regulations; and for trees 5) Proposed signs and lighting, dimensions and character. including t~e, LAND USE Table 1 is a schedule of the intended land use types, with approximate acreages and total dwelling units indicated. The arrangement of these land use types is shown on Exhibit "C", Site Plan. Variations in acreages shall be permitted at final design to accommodate topography, vegetation and ~ther site conditions. The specific location and size of individual tracts and the assignment of dwelling units thereto shall be submitted to and approved by the Director at the time of Master Plan approval of each development phase as required by the Collier County Subdivision Regulations. 2-3 1611 TI~ S~ttlememt Agre.~,,me~t ~ ~ ~g ~e P~mm ~y of N~ F~~ (~ FoX,on), ~fi~ ~ (Wu~k). W~ ~e ~d ~~ ~ o=e ~o~er. NOW, ~0~ 1. U~n ~ ~ ~ ~ement ~~n~ (~ ~y ~ ~ ~ ~Hver U~n ~e~ of ~e e~men~ ~e Fo~~ ~ ~ r~~b~ for 2. U~ ~nd ~e Ne~ Bay P~ for ~c ~~ of ~~ ~e ~o~ ~d~ U~ ~~0~ ~ de~d on F~hJbit B, ~om 2~ fe~t w ~0 f~ W~ tl~rou~ ootm.~ and ia oaopcratio, ~i~ ~ I1~. ~ m~l~. ~t ~ ~lem~n ~ ~~~ ~ ~ PUD ~~ ~ ~ ~ ~ r~~~ ~ ~ ~y but W~ ~, ~ ~ ~s r~ ~ ~ ~~y. W~ ~nO ~Bay~ ~ ~t~~~'~e ~ W~ ~ ~~ ~ m ~nm~u~ up ~ ~5,~ of ~~ ~ m for l~~ ~ U.S, 41 m~ ~e~ ~ ~ve No~ ~d ~ ~k ~ve. WCI r~ ~at i~ ~H ~:c ~t ~m~u6~ ~ ~ of c~ ~on co~u ~e. 959764tl 1611 16ll AMENDMENT TO DECE.%RATION OF KESTRICTIOI~S ANT) P~O~C~ CO~~S ~0R A PO~ON OF P~. B, ~ P~CkN BAY U~ ~ TO S~S k~ DA~ ~ 26, t990 c~sc ofPelican B~y a£NapI-.a Fou~.ffor4 Inc. v. CndtBay Land Inwmtmen~ ~ed ~ O~ B~k I54 l, P~e 2~0 ~lic ~or~ of Co~ Co~, ~ ~ ~ D~o~ ~ ~ S~ ~~ ~ ~ 26, I~ (~~~ "S~ ~~:); NOW THERI~OKE, m c=mpEmm.=~ t%~ S~Zttm~ ~~:i. WCI doe~ hereby modi~ th~ 11~:~:~ a~t Sails Agreane= as 1. Notw/-d~an,~ug :anyth/=g ~, forth iu e/~- thc Restrictions cr Sales ,.~r~m~=a to th= co--~r, WCI va/yin mbm/~ r~q~ir~ C~ ~ Co~t V~ ~po~ ~ ~~oa P~ ~ Sp~om) for ~ ~e ~~ ~ p~ I for W~ P~. 16;1 IN wn'lq~_c_c ~.0~, the STATE OF ~'LOI~DA COUNT~ 01~ ~..E-E. COMMUNITIES Lr~'rED PAK~ on behelfofthe Limited ParmemWp. Pa~e 2 of 2 1611 / / / / DRVtD HUMPHR6¥ & ASSOCIATES ARCHITECTS, R.I.A, November 29, 1999 SDPA-200 ! -AR-4 i 2 Waterpark Place at Pelican Bay SDP-90-26 !, Project # 2001020062 Date: 2/'_2/01 Collier County Development Services 2800 North Horseshoe Drive N~ples, Florida 34104 Roi' Waterpark Place, Common Architectural Theme To Whom It May Concern: I ara lice~'sed Architect practicing~:~rimarily in Naples, Florida, and at the request of GUlf Bay Development, have reviewed the east elevation ofthd proposed last condominium project to be constructed in Waterpark Place, which design was prepared by the architectur,,l' finn of Brito, Cohan and Associates (copy of which is attached). H, ving reviewed this elevaiion, and comparing it with the existing buildings in the rest of Waterpark Place, I am of the following ',.' The architectural style of the prol~sed last building in Waterpark Place is simiiar in ·. nature and of compatible. .. desil~n and in.. the: use'of materials. . and.,, color..... -. ...., .: . 2.. All of Waterpark Plac~ does have development as having a common architectural theme, landscaping,, paving surfaces. and a common wall along Pelican Bay Boulevard, which is common to the entire Waterpark Place Development. I have been advised that the street materials, additional signage and lighting for the last condominium project in Waterpark Place, will be complimentary and the same throughuut Waterpark Place's access ways. Florida Registered License No, 9763 DMH/kk cc: Q. Orady Minor & Associa{es Gulf Bay Development 801 ._~URE',. OAK DRN~E · SUITE 615 · NAPLES. FLORIDA 34108 · (941) 598-3100 · FAX (941 598-4~6~ BricC~. C~oh~m Fi-='T-,q Crt n,i & Associates Waterpark Place at Pelican S DP-90-261, Proj # 2001020062 Date: 2/22/01 ~ [~ n n ~ n~] 1 nter~o r D ~ s ~9 n November 29, 1999 Colllier County Development Services 2800 N. Horseshoe Drive Naples, Florida 3¢ I04 Re: ~,Vaterpark Place Common Architectural Theme Project Ladies and Gentlemen: We are the Design Architects for the Waterpark Place Project located in Pelican Bay, Collier County, Florida. In considenng the existing Waterpark Place development, we say the following: I) That the architecttu'al s~le of the buildings are similar in design and in use of materials and color. 2) That the project has a signature entr'aace wav that includes a gated structure, landscaping, s~gnage and ornamental pavement surfaces. 3) That the street materials, signage and lighting sbali be/are complementary, and ~e same Throughout the project access ways. Sincerely, Guido J. Brito 91601129 Florida Registered Architec~ No. 9302 ~ssoc~ates ,leina[do Borges Arthur Pear[ OrLando Rio 4c~,;2 LeJeupe P, oad Sut';e ?.O0 ?-ara[ '.~ab[es. /-'[or~da 33~.46 Tel 305,563,818:~ Fax 305.663.88~:' ,~.~ s:z~ ~'., " OLLIER COUNTY ,- ,..~u. !q RECORDED DECLARATION OF RESTRICTIONS AND PROTECTIVE COVENANTt FOR A PORTION OF PARCEL B~ FUTURE PELICAN BAY UNIT FIFTEEi' COLLIER COUNTY. FLORIDA - THIS DECLARATION made WESTINGHOUSE COMMUNITIES corporation. this day of aune, 19 O',/by OF NAPLES, INC., a Florida W I T N ~ S S E T H:_ WHEREAS, WESTINGHOUSE COMMUNITIES OF NAPLES, Florida corporation, presently having its principal z INC., a place of business in Collier County, Florida, the record owner of the real property hereinafter described and referred to as the NEIGHBORHOOD, has imposed on the NEIGHBORHOOD and other properties in PELICAN BAY, the DECLARATION AND GENERAL PROTECTIVE COVENANTS which are recorded in Official Records Book 825, at Pages 1755 through 1788, inclusive, of the Public Records of Collier County, Florida, as amended; and WHEREAS, said DECLARATION AND GENERAL PROTECTIVE COVENANTS provides that WESTINGHOUSE COMMUNITIES OF NAPLES, iNC., may supplement the DECLARATION AND GENERAL PROTECTIVE COVENANTS for any NEIGHBORHOOD (as NEIGHBORHOOD is therein defined); and WHEREAS, WESTINGHOUSE COMMUNITIES OF NAPLES, INC. has determined that in order to cause a quality development within the herein defined NEIGHBORHOOD, supplemental restrictions and covenants should be imposed on the NEIGHBORHOOD for the preservation of the property values of the OWNERS therein. . . Mow, 7 EREFg , W?TI.aHOUSE comamz?zEs OF oeclares chat the NEIGHBORHOOD as described in Article I of this DECLARATION shall be held, transferred, sold, conveyed and ~~S S%~a~eCt t~_.the _DE~.LARATION_ AND GENERAL PROTECTIVE covenants, servitudes, impositions, easements, charges an~ liens hereinafter set forth. DEFINITION~ 1. "BUILDING HEIGHT" shall mean the vertical d/stance measured from the first finished floor to the mean height .level between eaves and ridges of gable, hip and gambrel roofs. Except that where minimum floor elevations in flood prone areas have been established by law, the building height shall be measured from such required minimum floor elevations. 2. "DECLARANT,, shall mean and refer to WESTINGHOUSE COMMUNITIES OF NAPLES, INC., Florida corporation presently having its principal placea of business in Collier County, Florida, ~ts successors or assigns of any or all of its rights under this DECLARATION as specified by DECLARANT. 3. "DWELLING UNIT' shall mean and refer to .any residential unit within the NEIGHBORHOOD intended for occupancy by one family or household. 4. "FOUNDATION" shall mean and refer to the PELICAN BAY OF NAPLES FOUNDATION, INC., a Florida corporation not-for-profit, having its principal place of business in Collier County, Florida, its successors and assigns. 5. "GENERAL COVENANTS- shall mean and refer to the DECLARATION AND GENERAL PROTECTIVE COVENANTS as recorded in Official Records Book 825 at Pages 1755 through 1788, 5072.1ys/Parcel B, U15 Page I of 6 ll[I I , OR BO01 ! 02071 1611 inclusive, of the Public Records of Collier County, Florida, as amended, and as it may be amended from time to time. 6. "NEIGHBORHOOD- shall mean and refer to the real property or any portion thereof, described as: A portion of Area 9, Pelican Bay, Collier County, Florida as more particularly described in Exhibit "A" attached hereto and made a part hereof. 7. "NEIGHBORHOOD ASSOCIATION,, shall mean and refer to any property owners, association, homeowners, association,' condominium association, or other such entity, its successors and assigns, for the NEIGHBORHOOD. 8. "OWNER, shall mean and refer to any person or persons, entity or entities, who are the record owner or owners of any fee interest in the NEIGHBORHOOD, their heirs, successors, legal representatives or assigns. If any portion of the NEIGHBORHOOD is submitted to a NEIGHBORHOOD ASSOCIATION for ownership and maintenance of streets, common areas, and water management areas, the NEIGHBORHOOD ASSOCIATION shall be deemed OWNER for assessments and responsibilities of OWNERS as those responsibilities pertain to said areas. 9. "P.B.I.D.# shall mean and refer to the Pelican Bay Improvement District, a special taxing district established by the State of Florida, or any successor of P.B.I.D. ~ESTRI.CTIONS 1. USE RESTRICTION~ a. The NEIGHBORHOOD shall be used for 4 multi-story residential buildings and accessory structures and for no other purposes. No business buildings may be erected in the NEIGHBORHOOD and no business may be conducted on any part thereof, nor shall any building or portion thereof be used or maintained as a professional office. No structures shall be erected or placed in or on any of the lakes in or adjacent tb the .NEIGHBORHOOD without the prior written consent of the DECLARANT. b. Notwithstanding the above provisions, the DECLARANT may, in its sole discretion, permit one or more DWELLING UNITS to be used or maintained temporarily as a sales office or model for the promotion of sales of DWELLING UNITS in the NEIGHBORHOOD only. Any such permission must be granted by DECLARANT in writing'~ prior to such use and may include restrictions on the type and nature of promotional materials that may be utilized. c. No building, structure or other improvement including any temporary sales trailer or facility shall be placed in or on the NEIGHBORHOOD unless and until DECLARANT has issued its written approval. In obtaining said written approval, OWNER or any other person applying shall comply with all requirements and procedures of Section 3.02 of the GENERAL COVENANTS. d. Except as approved by DECIJtRANT in writing, awnings, canopies', shutters and similar additions shall not be attached or affixed to the exterior of any DWELLING UNIT, building or structure. e. No decorative objects such sculptures, birdbaths, fountains and the like or installed in or on the NEIGHBORHOOD written approval of the DECLARANT. as weathervanes, shall be placed without the prior f. Roof stacks and vents shall be placed so as not to be clearly or readily visible and shall be painted to match the approved roof color. Solar collectors or devices shall be so 5072.1ye/Parcel B, U15 Page 2 of 6 located as not to be readily visible from surrounding ~treets, neighboring properties. g. No outside satellite receptor dish or device or any other type of electronic device now in existence or that may hereafter come into existence, that is utilized or designed to be utilized for the transmission or reception of electronic or other type of signal shall be allowed without the prior written approval of DECLARANT. DUILDING SETBACK bINES. SIZE OF BUILDINGS AND BUILDINg_ ~IGHT. - a.) The minimum distance between any two unattached structures shall be one-half the sum of their heights, but not less than fifty (50) feet, unless otherwise approved by DECLARANT in writing. b.) Minimum floor area per DWELLING UNIT shall be one thousand two hundred fifty (1,250) square feet. Garages, porches, patios, terraces and other similar areas and "structures', shall not be taken into account in calculating the minimum area required. c.) The minimum setback for buildings and structures the NEIGHBORHOOD shall be lift- ,50~ ~--~ ..... n height of the struc , hicn~v~r i ~==u ur one-naif (1/2) the line or right-of-t~e w s ~reater, f~m a parcel ........ ~ 4_- _~_ w_~ .line,..?nles? a lesser se=back ha bee p~an zor the sun3ec~ property and the Planned Unit Development document for Pelican Bay. d.) The maximum height of residential buildings in the NEIGHBORHOOD shall be two hundred (200) feet. Accessory structures shall be limited to a maximum of twenty-five (25) feet above finished grade of the parcel. 3. LANDSCAPING AND SITE AMENITIES a.) OWNER shall submit to DECLARANT for approval a master landscape, irrigation, grading and site amenities plan for the NEIGHBORHOOD (including adjacent rights-of-way and area between the property line of the NEIGHBORHOOD and any abutting road or water management area). Wherever possible, suitable existing natural vegetation shall be preserved and protected and incorporated into the master landscape plan. If it is not to be retained, existing foliage shall be cleared selectively. b.) OWNER shall be responsible for replacement of existing landscaping which abuts the NEIGHBORHOOD and which is damaged or removed in conjunction with construction activities. c.) OWNER shall be responsible for the maintenance of lake areas and landscaping and lawn areas in the NEIGHBORHOOD to the back of the bike path abutting the NEIGHBORHOOD and to the edge of water of water management areas. d.) Prior to making any change, variation or deviation from the approved master landscape plan, OWNER shall first obtain DECLARANT,s written approval of the change, variation or deviation. Any additional landscaping to be installed after occupancy of any structure or building requires approval of DECLARANT prior to installation. e.) OWNER shall install or retain the landscape material as approved by DECLARANT, and all landscaping shall be maintained by OWNER in good and living condition at all times. All landscaping trees, shrubs, lawns and waterscapes shall be well maintained. Page 3 of 6 5072.1ys/Parce1 B, U15 f.) The landscape irrigation system Installed in, on or adjacent to the NEIGHBORHOOD (including right-of-way and easements) shall be maintained and kept in good working order. g.) The vehicular use areas in the NEIGHBORHOOD shall be maintained and kept in a clean, neat and attractive manner. h.) All privacy and/or decorative walls shall require the written approval of DECLARANT prior to construction. 4. PARKING AND STORAGE AREAS a.) A minimum of 1.5 parking spaces per DWELLING UNIT shall be provided in the NEIGHBORHOOD. At least one (1) covered parking space per DWELLING UNIT shall be provided. Repair of vehicles shall be permitted only inside an enclosed garage. b.) No unenclosed storage area shall be permitted. No enclosed storage area shall be erected which is separated from a principal structure, except enclosed storage facilities for garbage and trash containers shall be required for each principal structure. c.) No motor homes, recreational vehicles, vans used in trade or business, motorcycles, or pick-up trucks shall be permitted to be parked overnight or stored in or on the NEIGHBORHOOD unless kept fully enclosed inside a structure. 5. WATER MANAGEMENT OWNER shall provide water management areas for the NEIGHBORHOOD in accordance with the requirements of P.B.I.D. Surface water drainage and management, including but not limited to storm water storage capacity, shall conform to the overall water management requirements of P.B.I.D. and meet with the approval of DECLARANT. 6. LEASES 'Any NEIGHBORHOOD ASSOCIATION documents prepared or filed by OWNER shall prohibit the leasing of any DWELLING UNIT more than three (3) times per calendar year and shall prohibit the use or sale of any DWELLING UNIT on a "time-share" basis. 7. SIGNS a.) All signag~ shall comply with DECLARANT's sign standards and shall be approved in writing by DECLARANT prior to being installed or placed in the NEIGHBORHOOD. b.) In addition to any other right of enforcement, OWNER hereby agrees for itself, its successors, assigns and grantees, that DECLARANT and its designated agents shall have the absolute right without any other process or procedure to peaceably enter upon the NEIGHBORHOOD and remove any and all non-conforming or non-approved stgnage, and that OWNER its successors, assigns and grantees will not institute any action, either -civilly or criminally against DECLARANT or its agents, for the removal of any improper signage. 8. CONSTRUCTION During any construction activity within' the NEIGHBORHOOD, the construction area shall be maintained in a neat and orderly manner and OWNER shall provide for trash and debris containment and removal. Construction vehicles shall be parked so as not to block or interfere with the uss of the streets or roads within the NEIGHBOPJ~OOD. The o0nstruotion area shall be screened to the reasonable sattsfact~on of DECLARANT from the 5072.1ys/Parcel B, U15 Page 4 of 6 9. LIGHTING No exterior lighting fixtures, structures or improvements shall be placed in, or about the NEIGHBORHOOD, unless the written approval of DECLARANT has been obtained. 10. ENTRANCE~ Permanent access to .the NEIGhBoRHOOD shall be via two access points on Pelican Bay Boulevard subject to. approval by DECLARANT, Collier County and P.B.I.D. The main entrance may be common with the entrance for the parcel immediately adjacent to the NEIGHBORHOOD on the North in which case the cost of construction, operation and maintenance of the Joint entrance/exit shall be borne equally by OWNER and the owner of the adjacent property. ll. PEDESTRIAN ACCESS There may be pedestrian access to the P.B.I.D. berm from the NEIGHBORHOOD. It shall be OWNER'S responsibility to maintain any such pedestrian access. PROPERTY UNITS. ARTICLE III GENERAL PRovIsION~ In accordance with Article 5.03(b) of the GENERAL COVENANTS, DECLARANT hereby assigns one (1) Property Unit to each DWELLING UNIT for a total of Three Hundred Seventy-eight (378) Property Units assigned to the NEIGHBORHOOD. 2. CONFLICT. In the event of any conflict among the provisions of the GENERAL COVENANTS and the provisions of this DECLARATION, the DECLARANT reserves the right and power to resolve any such conflict, and its decision shall be final. 3. AMENDMENT. The DECLARANT may, in its sole discretion, modify, amend, waive, vacate or add to this DECLARATION or any part thereof. The power of amendment, however, shall be limited to modification or enlargement of existing covenants which shall not substantially impair the general and uniform plan of development originally set' forth herein. 4. DECLARATION RUNS WITH T~E LAND. The covenants, conditions, restrictions and other provisions under the DECLARATION shall run with the land and bind the property within the NEIGHBORHOOD and shall inure to the benefit of and be enforceable by the DECLARANT for a term of thirty (30) years from the date this DECLARATION is recorded, after which time these provisions shall automatically be extended for successive periods of ten (10) years. Any time after th9 initial thirty (30) year period provided for in this Section, these provisions may be terminated or modified in whole or in part by the recordation of a written instrument providing for the termination or modifications executed by the OWNERS of two-thirds (2/3) of the DWELLING UNITS. WAIVER. Any waiver by DECLARANT of any provision of this DECLARATION or breach hereof must be In writing and shall not operate or be construed as a waiver of any other provision or subsequent breach. 5072.1ys/Parcel B, U15 Page 5 of 6 6. SEVERABILITY . I I"' OR BOOK 'If any section, subsection, sentence, clause, phrase or portion of this DECLARATION OF RESTRICTIONS AND PROTECTIVE COVENANTS FOR PART OF SECTION 33, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA 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 shall not affect the validity of the remaining portion thereof. IN WITNESS WHEREOF, WESTINGHOUSE COM~R3NITIES OF NAPLES, INC., a Florida corporation, does hereby execute this DECLARATION OF RESTRICTIONS AND PROTECTIVE COVENANTS in its name.', by its undersigned, aqthorized officer and affixes its corporate seal hereto, this ~_~ day of June, 1990, at Naples, Florida. (SEAL) WESTINGHOUSE COMMUNITIES OF NAPLES, INC. Louis H.~ H~e~3~ted Executive Vice President STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Louis H. Hoegsted, well known to me to be the Executive Vice President of the corporation describedin the foregoing instrument, and that he acknowledges exeouting the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said corporation and that the seal affixed hereto is the true corporate seal of said corporation. WITNESS my hand 2nd official seal in the County and State last aforesaid this ~_ day 'of June, 1990. (SEAL)~ 5072.1ys/Parcel B, U15 Page 6 of 6 / WILSON · MILLER ' BARTON PEEK, INC. ENGINEERS PLANNERS SURVEYORS LANDSCAPE ARCH~ECTS E~IRONMENTAL CONSULTANTS 13B3 ~I~RT ~AO NO~. N~ES, FLO~A ~948-99B8 18~ ~3~ F~X 18131 ~3-~718 Description of a portion of So-called Parcel "B' Pelican Bay Unit Fifteen Collier County, Florida Commencing at the northwesterlymost corner of Pelican Bay Unit Three as recorded in Plat Bgok 13, page 35 of the Public Records of Collier County, Florida; ~ence South 87~18'20. West 61.03 feet; -o ~ence North 46 05'03" East 8.63 feet; ~ ~nence 16.38 feet alon- the arc -~ - -~----- ----- ...... = v~ = uA~uuAar curve concave ru nortnwester&y having a radius of of 36'05'23" __ _ 26.00 feet through a central an 1 ~oo..,..# _ and being subt=.ded by a chord which h~----- -,---~= g e~ ~o u~ zz ~ast 16.11 feet; ..... ~o .u~-u. ~ thence North 09'-59'-40- East 164.88 feet to the POINT OF BEGINNING; thence continue North 09'59'40" East 111.25 feet; thence northerly 21.89 feet along the arc of a circular curve concave westerly having a radius of 26.00 feet central angle of 48' ' - through a 14 26 and being subtended by a chord which bears North 14'07'33" West 21.25 feet; thence North 38'14'46. West 236.10 feet; thence northwesterly 15.46 feet along the arc of a circular curve concave northeasterly having a radius of 84.00 through ~ =.u oe&ng subtended by chord a ce~ angle of 10'32'4'" --~ ~-- _ feet a which North 32'58'26" West 15.44 feet; thence North 27'42'05, West 390.38 feet; ~~en~r}Y ~.36 feet along the arc of a circular curve fly having a radius of 84.00 feet through a ~entra~ angle ~f 18'39'37" and being subtended by a chord which Dears North 18 22'16" West 27.24 feet. thence North 09'~2'18- West 182.37 ' thence northerl,, 10 "~ ~ ..... feet; concave westerl~ ha~g~e~a~go~n~ arc of a circular curve' central annle ~* ~'-~,~-. - 6.00 feet through a = ~ ~ u~ ~ and bein sub bears North 21'05'46. West 10.86 fe~t. tended by a chord which ~ence North 33'09'04" West 182.~ ~.i~. concave easterly having a radius of 84.00 feet through a central angle of 18'39'37" and being subtended by a chord which ..-'bears North 23'49'16" West 27.24 feet; thence North 14'29'27- West 383.14 feet; thence North 89°_14,_13° East 723.00 feet to the westerly right-of-way line of Pelican Bay Boulevard; thence along the said westerly right-of-way line, South 06°-57'-36 West 290.85 feet; thence along the said westerly right-of-way line southerly 680.65 feet along the arc of a circular curve concave easterly ha~ing a radius of 1185.~0 feet through a central angle of ~o~6" and being subtended by a chord which bears South uy 29 42" East 671.33 feet; thence alnog the said westerly right-of-way line South 25'57'00" EaS.h 466.24 feet; (continued on page 2) EXHIBIT "A" WILION · MILLIR · IAI:m3N i lOLL PAGE .16 1 Description of a portion of So-called Parcel "B' Pelican Bay Unit Fifteen Collier County, Florida (continued from page 1) subject to easements and restrictions of record~ WILSON, MILLER, BARTON, SOLL & PEEK, INC. Reg. ~ngineers and Land Surveyors thence westerly 445.25 feet along the arc of a non-tan e circular curve concave no g ntial rtherly having a radius of t_hrough a central an-le of un'cfl,.~. ...... 823°0? feet ~ ~ ~v um ~ UnQ Deln subte c~ord which bears South 79'4&,,q. ~-~ .~...g. nded by a of Beginning; .... .~o~ ~.o~ ;est to the Point containing 16.81 acres more or less; bearings are based on the north line of said Pelican Bay Unit Three, as being South 87'-18'-20- West~ Not valf.d ~.nless embossed with the Professional,s seal. w.O. 10710 Ref~ 4L-722 (JP~kJd portion of parcel b) Date~ June 27, 1990 01'5'Z0626. COLL~E'R COUNTY 1991 -3 PHI2:1'3 RECORDED IJUI§bZ OR BOOK UUIZI ) PAGE FIRST AMENDMENT TO DECLARATION OF RESTRICTIONS AND PROTECTIVE COVENANTS FOR A PORTION OF PARCEL B, PELICAN BAY UNIT FIFTEEN (WATERPARK PLACE) 1611 REC ~ PRM~.~_~ DOC . . INT IND THIS FIRST AMENDMENT is made by Westinghouse Communities of Naples, Inc. to modify that Declaration of Restrictions and Protective Covenants recorded in Official Records Book 1541, Pages 2070 through 2077, inclusive, of the Public Records of Collier County, Florida, which Declaration affects that property described as a portion of Parcel B, Pelican Bay Unit -Fiftee~ according to the plat thereof recorded in Plat Book 16, Pages 23 through 25, inclusive, of the Public Records of Collier County, Florida and as more particularly described in Exhibit "A" attached hereto. Article III, General Provisions, Section 1. PROPERTY UNITS, is hereby amended to read as follows: In accordance with Article 5.03(b) of the GENERAL COVENANTS, DECLARANT hereby assigns one (1) Property Unit to each DWELLING UNIT for a total of Three Hundred Eighty-nine (389) Property Units assigned to the NEIGHBORHOOD. Ail terms used herein shall have the same meaning as given in the above-described Declaration. IN WITNESS WHEREOF_. the under~iq~e_GL has executed this First Amendment as of this . ~ day of ~_/~-~l~~, 1991. Witnesses: Executive ~i~e ~dent ~u~ey J/errao/resident PARCEL J-I DEVELOPMENT, INC. Taka~i Sane, President ,IJU I .1:] J Z. ,~..".~ uu ~ ~ ~ u 'OR'.BOOK PAOE STATE OF FLORIDA COUNTY OF COLLIER 1611 re The fo~goin_~q~__F~rst Amendment was acknowledged before.me this day of ~'..~~~j 1991 by Louis H. Hoegsted, ExeCutive Vice sident of q~estinghouse Communities of Naples, Inc., a Florida corporation, on behalf of the corporation. (SEAL) STATE OF FLORIDA COUNTY OF COLLIER /The foregoing First Amendment was acknowledged before me this .d~ay .of .._ , September, 199~ by Aubre_gy j. Ferrao, ~reslaent of Gulf Bay Land Inves.tmen3fs, Ir~. ~ ~ a Florida corporation, on behalf of the c~/~ ~ No~ Pu~c STATE OF F~RIDA ~ml~ COUNTY OF COLLIER ~28,1~3 ,..~ The f~.~Qi~g~l~irst Amendment was ~cknowledged before me this ~J~ ~ay of~::~~-~!_, 1991 ~y Takashl Sano, President of Parcel J-I Development, Inc., a Florida corpor_ation,~ on b~half of the corporation.. (~3~' Notary.Public /. W~,~"' My Commission E~p~res: . ANTHONY CORBO NOTARy PUBLIC. State of New York No. 43-5815770 Qualified in Richmond County C-erlific~te Filed in New York County Commission Expires Feb. 28, 1993 OR BOOK PA GE WILBON · MILLER · BARTON B PEEK, INC. E~EE~ F~-ANNERS SURVEYO~ LANOSCAF~E ARC~ITECTS ENV~ONMENTAL CON~TA~FF~ 131~3 AI::IF::~)~T FIOAI3 NORTH. NAI:~ES, F:LOtClIOA 33~42-t~J81~ 18131 ~,43-4~1~ FAX 18131 ~zt3-,'5718 Description of a portion of. So-called Parcel Pelican Bay Unit Fifteen Collier County, Florida 1611 Commencing at the northwesterlymost corner of Pelican Bay Unit ~s.~cor~ed in Plat Book 13, page 35 of the Pub lc Records of TI collier County· Florida; 1 thence South 87'18'20, West 61.03 feet; thence North 46'05'03- East 8 63 feet~ thence 16.38 ' feet along the arc of a circular c northwesterly havinn - -~ .... ~ ....... urve concave · -- ~ - ~u~ u~ zu. UU ~eet throu h of_36 05'23' and bain- s..~-~-= = ...... g a central 28'02'22. East 16.1! ~ee~~uuu ~y a cnor~ which bears North thence North 09'-59' ' -40" East,16~.8~ feet to the POINT OF BEGINNI thence continue North 09 59 40 East 111.25 ~ence northerly 21.89 feet alon- the ar- _~f~et{ . ~ ~ u~ ~ clrcu~ar curv concave westerly having a radius of 26.00 feet thro central angle of ' ugh a bears' North 48 ]4'26' and being subtended _ _ 14'~7'33' West 21.25 feet. by a chord wh ~ence North 38 14'46' West 9~ ~ hence northwesterly ~5.46 f~;'i~~!- soncave north asterl unrougn a central ann]~ ~--~n~,,~.. --T~~ o~ u%.UU ~eet chord which bears No~[~ ~%,~,f~.~ an~ being subtended by thence Nor ~,,~,,~, ....... 15.44 feet= chance nort ..... · ~:~[a~_~1~.~_~:39'37' and being subte~:~ ~..hr~u~ ,_ . . ~ ~ ZO ~2'~6" Wes _ ~ ~X ~ cnor~ wn! thence North 0~'-~,--, .. t-2~z~4 feet~ ~ u~ ~o west 182.37 feet; thence northerly ]8.94 feet along the arc of a circular curve concave westerly having a radius of 26.00 ~entra~ angle 9f 24'06'36, and bei- .... =~_~e~ ~hroug~ a Dears North 21'05'46, West -n -- ~.~uu=enoe~ Dy a chord thence North 33 09 04" West ]82.37 feet; thence northerly 27.36 feet alon- th .... · - ~ u ~c o£ a czrcu~ar curve concave easterly having a radius of 84.00 fe 77acs -orth 23'49'16, wa,~ ~ *~ ~_~-~=,,uuu oy a chord wh~¢ thence North 14 29'27' West 383.14 thence Nort~ aa, .., __ feet; · , Da -z~ -~3- East 723.00 fee r~ght-of-way line of Ps1! ....... t.to the westerly u~, nay uou£evar . - thgnce along the aais .... ---, ...... p~ -57 -36 West 290.85 fe~. g ay line, South chance along the said westerly right-of-way line southerly 680.65.feet along the arc of a circular curve concave easter1 having a radius of ~185. 32~54'36- and bein OO feet through a c~ngral angle of no-,~,,,, _ . _ g subtended by a chord whl~ ~ ....... ~ ~= ~ uast 671.33 feet~ ~,, uudrS thence alnog the said westerly right-of-way tine South 25'57'00. East 466.24 feet~ (continued on page 2) EXHIBIT "A" 0 1611 " OR BOOK' PAGE Description of a portion of So-called Parcel "B" Pelican Bay Unit Fifteen Collier County, Florida (continued from page 1) thence westerly 445.25 feet along the arc of a non-tangential circular curve concave northerly having a radius of 823.0 t_hrough a central angle of 30'59,47. --~ =-, ..... ? fe chord which bears So,,*~ -~'~-,~-. ~ ~-y__~a~ng suo=enaed Dy a of Beginning; -~,. -~ ~ um wes= 4~.84 feet to the Poi containing 16.81 acres more or less; bearings are based on the north line of said Pelican Bay Unit Thre~ as being South 87'-18'-20. West; subject to easements and restrictions of record; WILSON, MILLER, BARTON, SOLL & PEEK, INC. Reg. Engineers and Land Surveyors BY ~~~~/_ -X~~ DATE ~.~.p~S. Boggs, p.~ Not val~.d unless embossed with the Professional,s seal. W.O. 10710 Ref~ 4L-722 (JPlkJd portion of parcel b) Date~ June 27, 1990 COUNTY RECOI,_ED 1611 SECOND AMENDMENT TO DECLARATION OF RESTRICTIONS AND PROTECTIVE COVENANTS FOR A PORTION OF PARCEL B, PELICAN BAY UNIT FIFTEEN COLLIER COUNTY, FLORIDA (WATERPARK PLACE) THIS AMENDMENT is made by WESTINGHOUSE COMMUNITIES OF NAPLES, INC., to modify that Declaration'of Restrictions and Protective Covenants recorded in Official Records Book 1541, pages 2070 through 2077, of the Public Records of Collier County, Florida, which Declaration affects that real property as described on Exhibit "A" hereto. fl) CD C22) Article II, Section l(a) of the aforesaid Declaration of Restrictions and Protective Covenants is hereby amended as follows: a) The NEIGHBORHOOD shall be used for 4 multi-story residential buildings and one villa unit, and associated amenities and uses and for no other purposes. No business buildings may be erected in the NEIGHBORHOOD and no business may be conducted on any part thereof, nor shall any building or portion thereof be used or maintained as a professional office. No struc- tures shall be erected or placed in or on any of the lakes in or adjacent to the NEIGHBORHOOD without the prior written consent of' the DECLARANT. Ail terms used herein shall have the same meaning as given in the above-described Declaration. IN WITNESS ~HEREOF, the undersigned has executed this Amend- ment as of this ~ day of _. February , 1992. Witnesses: Print Name. ~rel Y. Sit~]y Print/Name: Virqinia A. Tusle.r~ STATE OF FLORIDA COUNTY OF COLLIER WESTINGHOUSE COMMUNITIES OF NAPLES, INC. ~~Hoegsted Title: E×e~e Vice President (CORPO T S AL). The foregoing instrument was acknowledged before this _6~ day of _ February , 1992 , by Louis H. Hoeqsted E×ecut]ve Vice President .... on behalf of the corporation. .not take an oath. of Westinghouse ¢ommunities of M~ples, He is personally known to me and did Laurel Y Si~te~ -- Pub Commission No. AA7~q&&6 My Commission Expires: j~ I.~UflEI. Y, 81TTI,.qLY (SEAL) Inc 0o CD FAX IBI:3I B~3-~71B Description of a port,on of Bo-called Parcel B" Pelican Bay Unit Fifteen Collier County, Florida 1611 Commencing at the n°rthwesterl~most corner of Collier County, Florid as recorded in Plat Book [3, page 35 of the Pubelican Bay Unit Thz ~ence South BT-m.,~..a~ . lic Records of thence No ~h A~.~Z.~Y west 61.0 thence [6.38 ~eet ..~__B~t 8.63 feett northwesterly hay =~u~g the arc cE a circ 28'02,22..__~-~_~elng subtende~ ~..-2-_~°~ through a c~-~2-, . thence ~a.c }6.1! feet. - -z ~ caoru which h~.__"~'~a~ ariel, North 09 -=-, --. - ---~u ~orth thence co ~= -~u East [64.88 fe henoe North ._e? 9o theO- =oncave west ~ =_'~ [eet a~ono th~ ----- _ .. ""~=~ o£ ' · --" ~ ~o.U ular curv~ bearu -orth [.o..~_~4 26" and bein- ----? f~e~ through a ~ence North 38Ola,~=#~st 2[.25 feet~ by a Chord whi =hence n -- ~u west - c orthwester! 236.[0 feet; concave nor..L] '4 f et alo. th _ _ cnrouah , ..... ~,,-aucerlv h~,,~-- -g e .arc ufa 1ch bears Nor · 41 and be feet thence No-+~ ~-.-- th 32 58'2 . ~ ...... lng subten ,~ ~.. _ thence no~['-J~ e~'05. West 3906,,"~"c.~9.44 feet~ d__ Conc= .... ~ur~y 27.36 fe~+ _,_.ou.~eet{ cen+~ ~asteriy havino -~ =zo~g the arc of a __ ~__~=~ ang.se of [8'3o?,~.r~d~u? of 84.00 f Circular Curve ~uars North la-,.,.__~ ~' ano bain- -..~ ~e~ throu h a 't . " ~ ih" N u ouucen~e g ~ence North 09'09,~-. ~st 27.24 feetl d by a Chord Whlc ~nence northerly ~n'~, ~est [82.37 fe6t, h concave weste--~ 2"'~ [eet alon- t~- ' _ centra! ~__,_~*~ naming a radf.ou_~''~ a~? o£ a Circ ~__ _ "',~ o~ 24'n~,~-, --? ~ 26.U0 ~ ~ ul~r CUrve ~urs North 21-0~,A,;"..°o. and belnq s ---- through a chance Nor~ ...y_-u wes~ 10.n~ ~_r~ ubtended by a -~--~ - +~-- -" o~ ug,nd. · ....... ~' -u~c; -- -,,u~u Which -,,u,ce northerly u~';~ ~esc 182.37 feet. concave easte~ ri_if" ~eet aloha h. _' Sentra! an~le ~ ..,~gg a radius of o~ a circular =u ~ ~ x · . 84.00 rye bears No ~ -~----? ~ 37 and ~ ..... f~et throu ~~ ~orth 14,29,~7,"~z~I~4 feetI "-~ my a chord which ~"~ ~orth 89-_14,_.%~u Ju3.14 feet; ~a ~ast 723.00 rtght-ofhway line of feet t thence al Pelican B o the we 06'- , °~.the said we __ay Bgulevard. Sterly we.t right-of_waC .. _~,,~u alono th~ --,~'~ ~uec; z ~ne, South na¥1ng a radl.~ -~ .-- ~ og a Clrc Y._ ne southar ~,54 36' and ~- _eS:OO_feet throu e ~oncave easter ~ 29'42''Ea-~-~g-~ubtended by a ~ .a .cen}ral an le thence alno~°~.~l.~3 feet; ~ -,,u~d which bearsge~..~ 25 57'00" ,ast'466.2~ l::~Trly rig,t-of-way line South (continued on page 2) EXHIBIT "A" Description of a portion of So-called Parcel Pelican 8ay U~lt Fifteen Collier County, Florida (continued from page thence westerly 445.25 feet alon th ' ~rcul~r curve conoave nort~.l..g~__~_ar° of.~ non-tangential · --~-z,-a~zng a raalua of e2 .07 f- cnrougn a central angle of 30 59 41 and being Subtended by chord which bears South 79'44'09. . of Beginning! West 439.84 feet to ~- ~-- - containing 16.81 acres more or le ~.,~ bearings are base~ ~- ~_ _ T ~" ~.e north line of said Pelica ::b~:lng South 87 -18, 20- -est; n Bay Unit Three, ~ c~ to easements and restrictions of record; ~eILSO~, MILLER, BARTON, SOLL & PEEK, INC. g- ~ngineers and Land Surveyors DATE~~ 516 Not valid unless embossed with the w.o. 10710 Ref~ 4L-722 (JP~kJd portion of Date~ June 27, ~990 Pro les sional, s parcel b) seal. -: /D COLLIER COUNTY GOVE~N/~ENT OT 1611 lq~; Cep d'An~ee COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DMSION July 20, 2001 Mr. Mark Minor, P.E., Q. Grady Minor & Associates 3800 Via Del Rey Bonita Spdngs, Fiodda 34134 941-947-1144 ENGINEERING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 Re: Final Site Development Plans Approval to SDP-90-261 Project Number 2001020062 "SDPA-2001-AR--412, Waterpark Place @ Pelican Bay (Cap d Antibes @ Waterpark Place)" Dear Mr. Minor:. Engineering Services Department has reviewed the Final Site Development Plan for the referenced project and has no 'objection to the construction of water, sewer, paving and drainage aspects of the project subject to the following stipulations: 1. General Conditions a) CHANGES IN USE AND/OR DESIGN OF THESE SITE AND ARCHITECTURAL PLANS ARE NOT AUTHORIZED WITHOUT WRITTEN APPROVAL BY THE COUNTY. CHANGES SHALL REQUIRE RE-REVIEW IN ACCORDANCE WITH ALL CURRENT COUNTY CODES INCLUDING PARKING FACILITIES, UTILITIES, TRANSPORTATION AND THE LIKE. b) A preliminary !nspection and approval of the infrastructure for multi-family residential must be done by Engineer Inspections pdor to any Certificate of Occupancy being granted. c) All PUD related stipulations shall apply to this project. d) Permits from other agencies having jurisdiction over this project shall be obtained pdor to start of construction. e) Please call Mr. Don Nobles at 403-2391 to schedule a pre-construction meeting a minimum of 48 hours pdor to start of construction. Prior to the pre construction meeting a copy of the SFVVMD Permit Modification shall be submitted. g) All construction activities permitted by this letter shall only occur during the following times: 6:30 A.M. to 7:00 P.M., Monday through Saturday; no work is permitted on Sundays and the following holidays: New Year's Day, Memodal Day, 4th of July, Labor Day, Thanksgiving Day, Christmas Day SDPA-2001-AR-412 Cap d Antibes @ Waterpark Place July 20, 2001 Page 2 h) The review and approval of these improvement construction of required improvements, which are record. plans does not authorize the inconsistent with easement of Utility a) See attached Exhibit "A" b) Approval of the attached plan does not constitute approval of the meter size. Sizing of the meter shall be coordinated by the Engineer of Record and the Public Works Division. c No water or sewer utility construction shall commence until proper DEP permits have been obtained. 3. Subdivision All work shall be in accordance with applicable Collier County ordinances and rules and regulations of other entities having jurisdiction over the project. 4. Environmental Site cleadng is conditioned to the stipulations contained on the approved site plan. 5. Water Management a) Ail work shall_be in accordance with applicable State or Federal rules and regulations. b) Work area shall be properly barricaded with hay bales and/or silt screens dudng the entire time of construction, to prevent any siltation dudng construction. c) The engineer of record, pdor to issuance of a Certificate of Occupancy, shall provide documentation from the stormwater maintenance entity that it has been provided information on how the stormwater system works and their responsibility to maintain the system. 6. Addressing Pursuant to Ordinance No. 99-76, no proposed subdivision, street, building, condominium or development may utilize the same name or a similar sounding name as any existing subdivision, street, building, condominium or development, except that the major street within a subdivision may utilize the name of the subdivision. Any changes to the project name shall be reviewed and approved by Community Development and Environmental Services Addressing Department. 7. Fire Protection Please note that pdor to the accumulation of combustible building materials on site, DroD~3secl fire hydrants must be operable with the minimum rec~uired fire flows and SDPA-2001-AR-412 Cap d Antibes @ Waterpark Place July 20, 2001 Page 3 improved stabilized emergency apparatus access ways (min. 14' wide) must be available to within 100' of the structures, See attached inspection checklist for SDP improvements. Four (4) sets of approved plans and two (2) sets of landscape plans are being retumed herewith for your use. Two copies of approved SDP shall be attached to each set of building plans submitted. Two copies of the stamped approved Architectural Plans shall be submlt~ed with th~ Buildin.q Pe,,~,it Application. If this is a simultaneous submittal it is the applicati;'.. responsibilitF to insert the approved architectural plans into the Buildin,q Depa~,~e~' pe~-~it set. Be advised that this approval automatically expires twenty-four (24) months from the date of this letter pursuant to Collier County Land Development Code Section 3.3.8. Please call me if you have any questions or need any additional information. Thom'a Engine~ lng Services Director/ County Engineer CC: Abe Skinner, Property Appraiser (w/attach.) Ronald F. Nino, AICP, Planning Manager Don Nobles, Engineering Inspections Supervisor (w/attach.) Customer Services/Addressing (w/affach.) Sherry Long, Planning Technician Lisa Taylor, Engineering Tech., Public Utilities Engineering (w/attach.) Shirley Nix, Engineer Technician II Diane Deoss, D.O.R. Billing Supervisor SDPA-2001-AR-412, (w/attach.) Reading file 1611 The following are the required and provided setbacks as stated on the approved SDP: Tower Garage Required Provided* Required Provided* Front 100' 229.88' Front 50.00' 67.21' Side 100' 50.00' Side 50.00' 34.32' Rear 100' 100.00' Rear n/a n/a Bet. St. 200' 150.00' Bet. St. 30.00' 35.34' *Setbacks and distances between principal structures have been reduced as allowed by the Pelican Bay PUD by incorporating a common architectural theme. You also requested information relating to the proximity of the structures to water. The Gulf of Mexico lies approximately 1800 feet westward of the proposed building and an inland body of water approximately 450 feet to the west of same building. (This information was scaled from aerials) In response to the request for open space compliance, this development indicates 48 percent of the total land area as open space for Phases I, II, III, IV and ¥. Ho~vever, the entire Pelican Bay Development is considered in revie~ving for open space compliance. In response to the request for lighting, the SDP did not include lighting information and presently, no building plans have been submitted. Collier County does not review or enforce private covenant; the county only reviews and enforces the _applicable regulations as stated in the Pelican Bay PUD and the Collier County Land Development Code. If you have any additional questions, please do not hesitate to ask. 1611 MAP OF: WATERPARK PLACE DRAWINGS Drawing No. 1 of 10 COVER SHEET & INDEX OF DRAWINGS SDP 90-261 ON MICROFILM IN THE CLERK TO THE BOARD MINUTES & RECORDS DEPARTMENT 1611 MAP OF: WATERPARK PLACE DRAWINGS Drawing No. 2 of 10 OVERALL SITE PLAN SDP 90-261 ON MICROFILM IN THE CLERK TO THE BOARD MINUTES & RECORDS DEPARTMENT 1611 MAP OF: WATERPARK PLACE DRAWINGS Drawing No. 3 of 10 SITE PLAN SDP 90-261 ON MICROFILM IN THE CLERK TO THE BOARD MINUTES & RECORDS DEPARTMENT 1611 MAP OF: WATERPARK PLACE DRAWINGS Drawing No. 4 of 10 UTILITY PLAN SDP 90-261 ON MICROFILM IN THE CLERK TO THE BOARD MINUTES & RECORDS DEPARTMENT 1611 MAP OF: WATERPARK PLACE DRAWINGS Drawing No. 5 of 10 GRAVING, PAVING & DRAINAGE PLAN SDP 90-261 ON MICROFILM IN THE CLERK TO THE BOARD MINUTES & RECORDS DEPARTMENT 1611 MAP OF: WATERPARK PLACE DRAWINGS Drawing No. 6 of 10 PLAN & PROFILE SDP 90-261 ON MICROFILM IN THE CLERK TO THE BOARD MINUTES & RECORDS DEPARTMENT 1611 MAP OF'. WATERPARK PLACE DRAWINGS Drawing No. 7 of 10 GRADING, PAVING & DRAINAGE DETAILS SDP 90-261 ON MICROFILM IN THE CLERK TO THE BOARD MINUTES & RECORDS DEPARTMENT 1611 MAP OF: WATERPARK PLACE DRAWINGS Drawing No. 8 of 10 WATER DISTRIBUTION SYSTEM DETAILS SDP 90-261 ON MICROFILM IN THE CLERK TO THE BOARD MINUTES & RECORDS DEPARTMENT 1611 MAP OF: WATERPARK PLACE DRAWINGS Drawing No. 9 of 10 WATER DISTRIBUTION SYSTEM DETAILS SDP 90-261 ON MICROFILM IN THE CLERK TO THE BOARD MINUTES & RECORDS DEPARTMENT 1611 MAP OF: WATERPARK PLACE DRAWINGS Drawing No. 10 of 10 SEWAGE COLLECTION SYSTEM DETAILS SDP 90-261 ON MICROFILM IN THE CLERK TO THE BOARD MINUTES & RECORDS DEPARTMENT PELICAN BAY COMMUNITY DIVISION OF RESPONSIBILITIES PBSD-FOUNDATION-COUNTY 0001611TM Updated 12-1-2002 Overview There appears to be considerable confusion about the division of responsibilities of the three organizations mentioned above. This report will spell out the responsibilities of each of the organizations and illustrate the complexity of our management system in Pelican Bay. The purpose of this report is to make this information available to the Boards of the organizations, to the people of Pelican Bay, and the managers of the Pelican Bay Services Division and the Foundation. The County Commissioners and the County Manager may also be interested in this information. Background Pelican Bay is an approximate four square mile area of Collier County immediately North of the City of Naples on thc Gulf of Mexico. The Community will have about 6600 property owners, about 12000 residents, and approx. 4400 voters. It also has 1,000,000 square feet of commercial and office establishments, thc Philharmonic, and the Registry, thc Ritz Carlton and the Inn at Pelican Bay Hotels. Total valuation of the entire Community is about $2.75 billion. Build-out of the Community is expected in 2004 with only two units to be added in the next two years. This Community of Pelican Bay has been designated a "dependent district" a Municipal Service Taxing & Benefit Unit within Collier County. The Community thus receives some County services directly from the County and some services from a services organization called the Pelican Bay Services Division (PBSD). The County has appointed a Pelican Bay Services Division Board to oversee the operations of the PBSD. This was a requirement of the new Ordinance approved in June of 2002. The Pelican Bay property owners (both residential and commercial) tax and assess themselves each year to pay for thePBSD services and amenities. These funds are collected by the County but are administered by the PBSD. The PBSD is headed by a Manager. The Manager may be an independent contractor or an employee of the County. This Manager is expected to work effectively and collaboratively with the PDSD Board, Foundation personnel and County personnel The Foundation is headed by a leader whose title is President. This person reports to the Pelican Bay Foundation Board and works exclusively for this organization. Pgl PELICAN BAY coMMIJNITY DIVISION OF RESPONSIBILITIES PBSD.FOUNDATION-COUNTY 6 i 0001 6 ! 1 Updated 12-1-2002 PELICAN BAY SERVICES DIVISION The PBSD Board and the PBSD Manager are responsible for managing and overseeing the following activities within the Services Division. The preparation and review of the Budget submission to the County Board of Commissioners. The effective administration of the approved Budget. The review of outside contractor bids and the management of approved design and construction projects. The review and the assessment of progress associated with the following PBSD areas of responsibility. On-Going: Community Appearance Landscaping-Mediums, Curbs & Berms Irrigation and Sprinkler Systems Street Cleaning Street and Entrance Signs Berms & Beach Cleaning Street Lighting Water Management Security - Utilization of Supplemental Collier County Deputies Exotic Plant Removal Special Projects: Clam Bay Restoration Program US Route 41 Medium Landscaping-North The PBSD staff upon receiving calls or letters from residents regarding County services will either contact the appropriate County office or put the resident in contact with the appropriate County office PELICAN BAY FOUNDATION The Foundation is responsible for the following activities in Pelican Bay: Berm and Beach security Beach access ( Tram operation), Boardwalk maintenance parking lot maintenance and control Parks - Trails, Signs, etc. Management of Programs Including Exercise, Canoeing and Sailing Meeting Room Scheduling at Hammock Oak and the Commons Tennis Courts and Pro Shop operations Restaurants and Beach Shops operations Pg2. PELICAN BAY COMMUNITY DIVISION OF RESPONSIBILITIES PBSD-FOUNDATION-COUNTY 6 ! 1 Updated 12-1-2002 Cable contracts Community wide communications -Pelican Post, Web Site, Channel 96 Community wide Holiday Decorations Covenants: Signage Architectural Controls Misuse of Foundation Property COLLIER COUNTY GOVERNMENT The County is responsible for the providing the following services to the Pelican Bay Community and are listed below. These services are independent of PBSD responsibilities and Foundation responsibilities. The County Departments responsible can be accessed for service directly by the residents but the PBSD Manager and Superintendent know the County people and should usually be used to obtain information for residents Street maintenance Trash Water/Sewer Building code enforcement Independent Departments: Sheriff (beyond supplemental that we pay for) Fire Dept- EMS Clerk of Courts The Pelican Bay voters have chosen to operate under a system which includes the above three organizations and the division of responsibility that goes with this arrangement. It is complicated but it is working. The people who are involved in the PBSD Board and the Foundation Board as well as the Property Owners Assoc., the Condo Presidents Council and others need to understand this division of responsibility and wherever possible work towards simplification and improvement. Key management people such as the PBSD Manager and the Foundation President have much to do with making this an effective system and their effort in this regard needs to continue to be collaborative. Currently there is a plan under study which would move the PBSD Manager and staff (2) to the commons Building in an effort to further facilitate collaboration. JAC 6/9/2000 Updated 12-1-2002 Pg 3. Pelican Bay Foundation Commons 12/6/02 1611 Subject: 2003 Member Survey Mr. Kyle Kinney-President Kyle: I have prepared the attached list of questions for your Survey and have reviewed them with the PBSD Board. The list was cut to two. I) Our community is divided on the bike path issue. The boulevard is not wide enough for two auto lanes and a four foot minimum width bike lane is now required by the State. Which of the following regarding bike paths on Pelican Bay Boulevard would you prefer: Leave it as it is. Reduce Pelican Bay Boulevard to one lane each way and add four to six foot wide bike paths. No opinion 2) Regarding the special seven day a week 24 hour per day Police protection that we pay $420,000 a year for ($60 a unit a year), which would you prefer: Continue the contract we now have with the Sheriff. Negotiate for more dedicated police and ! am willing to pay additional taxes for this increased protection. Reduce the special police protection we now have and save the money. Jim Carroll 12/6/02 PELICAN BAY SERVICES DIVISION - CLAM BAY RESTORATION FUND - , 001 ~ Fy 2002~ FY 2003 Total i Exp. I ~ F.Y. s97-00 F.Y. 2 ~ ~ _ _ ~ , . - ~ ~ ' ~--BUclget'~ '~et Budget Budget Budget, To Date i, EXPENDITURES ' - - i ~ Environmental Consult. ! ...... ~ ..... : ~ - 4~ Engineering Fees ~ $0 $58,040i $145.260 $106,464 $309,76 $203,3001 Ak~rman~-Senterfi~, et~ al. ~- ~07~8~ ! - ~0i- $0' $0 $207,68~i $207,683 ~- Lewis Environmental Scrv. ! $78,732: ~ ~ _$0! $0. $0_ $78,732~ _$_7~8_,7~32~ Nov. 2002 Balance Ex $106,464 $0' $0~ $0 $0~ , $0 $0~ $0 Tackney & Associates $86,500'l $0i $0 ~n, i~il~e'r~Ca[ ~ '~'97~ $7,245~ ~0i ' Dr~ an~e~Sn ~de-ker ..... ~' ~9,9977 ~0~i .... $61 Hilbum Hilstad Turrell Other Expenditures $0 $86,500i $86,5001 $0 $76,442! $0 $9,997' $9,997j $10,550[ $0: $0 $0 $10,550[ ............ $0 $66.5001 $61,939' $4,562i $0 $80,481i --$1~6,3-24i $198.193 $339.978 $764.976~ $605,079~ $216,170' $343,453 $446,442 $1,611,144i Sub-Total $76,442~ $0~ $01 $0 $10,550i $O $0 $66,500! $0 $0 $427,4431 $337,533 $2.445 $1,167,147! $443,998' $2,445 Tidal Creeks 1,2 & 3 Engineering Construction ........... , $o sO' Tackney (-- ~ 9~0~0[ ........ -~(~i 5;0. Turrell Agn°ii. Barber'&-~-a~-- '-- $2.;7967 $0 $0 Engineering Des_i_gn _ - - ~ .... $0[ $0; $0' Tackncy · Turrell ; $26,790! $0 $0 ^gnoli.-mr~r &--i~un~iage I $11,596 [ $0. $0 Capital Improvements I $186.013 $0 $0 T $0 $0: $0~ $0 $59,000[ $59,000! $0 $2,796t $2,7961 $0 $0~ $0 $26,790! $26,790~ $0 $11,596~ $11,596i $0 $186,0131 $186.0131 $0 $286,195~ $286,195i $286,195 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Sub-Total C lam Pass Main Channel_ Engineering Construction Tackney ..... Turrell Agnoli. Barber &_Brundage Engineering Design Tackney Turrell Agnoli. Barber & Brundage Sncdaker Capital Improvements Sub-Total Interior Tidal Creeks Engineering Construction WMB&P Turrell Interior Tidal Creeks Engineering Design Lewis Environmental ._ WMB&P Engineering Consultants Lewis Environmental Capital improvements Sub-Total $0 $0 $0 $0 $0. $0 -'$75.000' ' $0 $0 ~0 $79.000. _ $79:000 $5,900 $0 $0 $0 $5,900 .~5~900~ $0 $0 $0 $24.980 $0 $0 $10.000 $0 $0 $0 $0 $0 $251.530 $0 $0 $371,410 $0 $0 $0 $0 $0 $0 So' - so $o $o $o .... $o' $o $0 $24.980 $24.980' -$0-' $0 $o $~o.ooo. $10.0oo, so so $0 $0 $0 $0 $0 $0 $251.530 $251.530· $0 $0 $0 $371,410 $371,410. Si)_ $0 S ! 0.990 $0' $0 $0 $11).990' $ i 0.990~ '-$1~ ..... $0 $3,000 $0 $0 $0 $3,000 {;3,000] _-~ S~)]. -S0 $31.800 $0 $0 $0 $31.800 $31.800. $0' $12.620 $0 $0 $0 $12.620 $12.620. $0. $0 $86.519 $27.692 $0 $0 $114.211 $114.211' $0 $0 $72.978' $47.398 $0 $0 $120.376' --$120~37ff '~0' - -$0 $217,907 $75,090 $0 $0 $292.997 $292,997. $0_ $0 Page 1 PELICAN BAY SERVICES DMSION CLAM BAY RESTORATION FUND NOVEMBER 30, 2002 LF.Y.'s97-001 F.Y. 200, i F.Y. 2002 ! ___ F.Y. 2003 Total I Exp. ~ Nov. 2002 ~ Budget ~ Budget Budget !--Budget Budl~et ! To Date Balance Expenses t EXPENDITURES ' i ] I ~eagate Culverts i i ! Engineering Construction t I WMB&P ~ $8,071~ $01 -- $0 $01 $8,071 $8,0711 $0! $0 Engineering Design ]- I .... -- ...... -¢ ..... WMB&P ......... [ $12,385~ $0i ~01 ----~.~$~! $12,3851 $12,385[ $0 $0 -Capital Improvements ! $88,240! $0! $0[ $0 $88,240! $88,240! $0i $0 Sub-Total i $108,6961 $01 $01_ $0 $108,696[ $108,696[, $01 $0 Ecosystem Enhancements ! ii ..... I i Environmental Consultants i $3,750~ $01 $82,969i $192,000! $278,7191 $86,718 i $192,001 $0 OthcrContracmalServ. ~ $0~ ~-$25,198;- $3'5,733~ $115,0001 $175,931 $60,9311 $115.000 $0' Capital Improvements : $0i $8.~i ~----$0 ] $8,250i $8.250 $0 $0 Sub-Total~ $3,750': $33,448 $118,702! $307,000i $462,899! $155,899 ~! $307,000 Fresh/Stormwater Analysis t i i ~ I Engineering Fees $01 $16,980i $0 --$01 $16,980i $16,980 $0 $0 .............. $0[ $0~ 'SO EUVh-O"m~ntai Consult. Fees $0 $o: SO $oi Xuw¢iiS,~ss~,~iaai6~ ...... ~ --'~85]g66i '= ~07-' Sol SO! $82.500: $82.500~ $0 $0 Other Contractual Serv. ~- ..... ~6[ ..... $0[ $01 $0[ $0: $01 $0 $0 Ope?_fingSuPP!i?s _. i $0I SOt $01 ~}' - ~0~ ....... Capital Improvements -i ..... $0] $3~17 ...... ~0[- ~0[ ~38.8i77 $3~i7i .... $0 sUb_T~ta~ ......... $82,500 $55,797 $01 __ $01 $138,297' $138,297'. $0 Capital Outlay I ~ I .... ....... I $t5~45~:, -' $9~0-i ----Sir .... $0'~ $16.409 $16.409i $0 $0 Improvements General Other Machmery & Eqmp. I $18.713: $0! $01 $0 $18.713 $18.713i $0 $0 Sub-Tothl ......... $34,172: $9501 $0! $0i $35,122 $35,122~ _ $0: ..... $_0_ ................ i' - i .......... ..... !TS_Ci Sii!i . - ........ . ..... ! .......... Other Fees & Charges ___x ..... Tax Collector - ~, ' $23.041:: $0,-; - - $239~' $100 ' $23.380 . $23.6i7! -$237 $337 Property Appraiser_ } $8,63T $0 $942~, $0: $9.579 $%579i - $0' - Revenue Reserve ' $0: '~$0I'- - $07 - - ~100 $100 $100 $0 $0 Sub-Total ~ $31,678 $0 $1,1821 $200! $33,060 $33,296! -$237 $337 TOTAL APPROPRIATIONS ~ $1,741,3871 $381,454~ $463336i $753,6421 $3,339.819 $2,589,059 $750,760 $2,781 l R°lled Encumbrances ~hiChhr~inc. i~ Total Approp. I $10,242 I ........ ACCOUNTS PAYABLE ..... 7 ' ! ..... ¥ ...... ....... ~ t ; ...... ,. .......... . . DATE i INV. NO. AMOUNT ~. - - Tun-ell'& Associatesi 12/05/02 i 12 $19.223.03! ~ . . Turrell & Associatesi 12/09/02 13 $5.769.62' . . . -- TOTAL INvoicEsi : $24,992.65! NOTE: WC! THRU 11/30/02 WCI: BILLED TO DATE WCl: PAID TO DATE $1,000,000 $1,000,000 Page 2 COLLIER COUNTY PELICAN BAYSERVICES DIVISION STATEMENT OF REVI~NU_~EX~ENiJiTURES AND CHANGES IN FUND BALANCE FOR _TW_O (2)MQNTHS ENDING NOVEMBER 30, 2002 .... GENERAL FUNDS ...... Prorated · wrier .... C~mmuhq-~? gi~_r~t -~- . ~ '[Total gev/ExF F.Y. 2003 ' Nov-02 Favorable 'Managemen~ Bea-uti~ccafi~n' hts Security Thru Nov. Budget Budget Unfavorable ~eveBue - Interest ln~mc - ~12 ..... ~0~ ~ - $7~ $1.022 $7.0~8 $75.300 $12,550 ($5,512) i ntcffund~Tr~sfc~ ' $0 $0 ~ .... $~ ..... $0 $0 $0 $0 ....... ~ ~- $2 ...... $0 $6 $0 $6 $0 Misccll~us Income $1 AssessmentorAd-ValorcmT~xLew' ' $141.816' -- $3~,685' $56,757' $115,810 $673.069 $2.651.000~ - $662,750' $10.319 ' - ~6 ~ ...... ~ ...... $0 ' $0--- 5330.520 ..... $~ ' $0 Unapproprim~ Fund B~ $0 TotalRevenue $142,030 . . ~O,7~..~ $57~03 $116~32 5680,113 _ $~.061,820 _ $67~39 .... 53,974 Other Fees & Cha~es ....... Prope~' Appral~r $7,453 $22,734 $538 5629 $31,355 554,100 $3 i,355 $0 $2,470 ' $~,540 [ 51;169 ~ 52,373 $13,551 '' $g2,000- 513,551 $0 l'~xCollector $0 .... '$~q .... $6'~- $0 $0' 5139.500' $0 "' $0 Revenue Rese~e Total Other Fees & Cha~¢s. $9,924 . . ~_~74 }.. $1,707 . $3,002 $44,907 ~ $275.6~ . $44,907 . $0 NET REVENUE $132,106 $333,476 $55,796 5113,829 ~,ppropriations - Personal Services I Personal S-e~i-ces -Admin. ' $13.527 $13,722 [ $6,427 ~ n/a Personal Services- Field $35.95~0 ' $2-0-8~-~-/ ~.250 .... n/a - 'i~otal Personal Services $49,477 , $_2_2_1,874 , _$! 1,6_7~7 _ _ $0 Appropri~ti~ns - Ope~-ations Admin~istra~ti_on _ ] Indirect Cost Reimbursements _ ~ $55,950 $0 $4.950 wa Contractual Services $2,640 $3,100 $2.640 n/a - Service Contracts $56 ~ $56 $48 n/a - Direct Line $366 $366 $228 n/a ~osmge, _Freigh_t & Ups $117 $90 $76 n/a Building%s_ ..... $1.303 $1,342 $1,303 n/a $68 $68 $68 n/a Lease Purchase Dell Computers $186 $0__ $0 ~ n/a Insurance - General $3,000 $500 $400 n/a Processing - R&M $0 __$0 $0 n/a .... O-utsidd~qend~s- .... '$~ $0 $0 n/a Clerks Recording Fees, Etc. $0 $0 $0 n/a Legal Advertisin~g ....... $0 4~ $0 $0 n/a Reimbu~-se~eent f-or-Phor-'~ear Re-venue :, $40.000 ~ $0 $0 fda ~ffi~c~ Supplies -~Genem~ ~ $144 $15 ! $0 n/a $0 $0 $0 n/a Minor Office Equi~ment ~ $0 $0 $0 n/a ;oftware $0 $0 $0 n/a Other Training & Educational Exp. , $0 $0 $0 n/a $89 $0 $0 n/a Total Administration $103,918 $5,673 $9,713 $0 Field Services & Consultants $723 $0 $0 n/a Berm & Swale Maintenance i $0 $0 $0 n/a Water Quality Testing ~ $1,472 $0 $0 n/a Plan Review Services $0 $0 $0 n/a Water Use Char~es $0 $12~563 $0 n/a $635~07 $2.786,220 $631233 $3,974 $33.677 $127.600 $21.267 ~$12,410) $249,351 $848.900 $141.483 $283,028~_ $976~00__- S162,75p_ ($120278) $6~.900~.._ ~12~:~0p . $~9,90p._. $0 ..... $8.38q__ $6_9.000 __ $!3.5p0_~ ._ $3.120 $160 $2.000 $333 $173 $960 $10.500 $1.750 $790 $283 $13 000 $2,167 $1,884 $3,947 $23 900 $3,983 $36 $204 $3,700 $617 $412 $186 $1,200 $200 $14 $3,900 $3,900 $0 $900 $0 $4,000 $0 54,000 $0 $6,000 $650 $150 $667 $667' $1,000: ($3.250) $150 $667 $667 $1,000 $40,000 $40,000 $40,000, $0 $295 $o $0 500 $583 $288 $1,900 $317 $317 $60O $100i $100 $0 $100 $17! $17 $0 $400 $67: $67 $89 $800 $133 $45 $119303 $312,000 $125,800 ~ $6,497 $723i $13,070 $2,178 $1,456 $0i $5,000 $833 $833 $861 $1,472i $14,000 $0~ $2,333 $5,000 5833 $833 $12,563~ 595,000 515,833 $3.270 Page 1 ('OLLIER ('OllNT't PELi('AN BAY SERVICES DIVISION STATEMENT OF REVENUE. EXPENDITI'RES AND ('tlANGES IN FI'NI) BALANCE FOR '!¥*'O (2) MONTIlS ENDING NOVEMBER 3(I. 2002 GENEK4L FUNDS Water Community Management Beautification Replanting progrmn _ _ . $0 Other Contra~_tual S_ervi_c~_s . . $5.297 Per Diem - Conferences, Schools $0 Cellular Telephone ..... $171 Postage_. Freight &, Ups _ $0 Electriciw' $0 Trash & Dumpster Fees $196 Rent Equipment $115 Insurance General _ . $1.800 Auto Insurance $2.800 Spnnkler System Maintenance. . $0 Maintenance_- Lands ~cgpjng . $0 Autos & Trucks R&M Outside Vendor $0 Flee~t Maln_t_enance-L~ _al~o_r ..... $0 71eel Maintenance - Parts $0 Fleet Ma_ipt.Nop_lSF ....... $0 Boat R&M $0 Other Equip_-m~e~t .I~8~M_-__]_ _i~-. ~ $0 Printing - Outside Vendors $0 pho[q.Proc~__s_si~-- ' '"d. --~-_ ' $0 L!censes & Permits ........... $0 Copying ._C_h~g¢ _S ..... $0 Uniform Ren_tal ......... $331 Chemicals $4.38 I Fuel&~ Lubricants -Outside_ _ $0 Fu~l & Lubfi_~cants -_Inside__ .... $326 Minor O~in~g_ Equipment ..... $0 Other Iraining_&E_du_c~t_ ional .... $0 Other Ope .m[__ing Supplies $748 Total Field Services $7.780 $20.763 $198 $183 $122 $89 $2.341 $1,337 $7.800 $5.600 $1.645 St) $0 $1.372 $1.00t} $0 $0 $0 $0 $0 $0 $0 $1.457 $2.265 $865 $1.997 $612 $510 $10.259 Capital Outlay ~apital Expenditures $18,359 $80,759 $12.197 $38.949 TotaICapitaIOutlay __$12,197 . $38.949 Street hts $0 $384 $0 $165 $0 $1.721 $0 $0 $700 $q00 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1.396 n/a n/a n/a n/a n/a i1/a wa n/a n/a n/a ll/a n/a n/a t~/a n/a r~'a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a $5.266 $0 $16.207 $0 Securitx Personal Services $0 $0 Other Contractual Services $0 $0 Total Security Ope rations ..... $0 $0 $16.207 $0 $0 $0 $0 $14.928 $0 $14.928 TOTAL APPROPRIATIONSll $183.95i $347,254 $42.863 $14.928 Net Income from Operations :und Balance ~, 10/1/02 ($51,8451 ($13,778} $12.933 $98,902 $305.457 $680.844 $141.990 $145,682 Fund Balan~ U~ November 30, 2002 $253,612 $667.066 $154.923 $244,584 Fund Balance Allocations Reserved for Operations $174.012 $503.666 $148.123 $239.584 Reserved for CapitalOu_tlay ~ $79.600 _ $! 63.400 ~ $6.800 $5.000 Total Rev/Exp F.Y. 2003 Thru Nov. Budget $7.780 $42.300 $26.444 $309,900 5198 $0 $519 $5.800 $122 $200 $1.810 $31.500 $2.537 $20.900 Prorated Nov-02 Budget $7.050 $51.650 $0 $967 $33 $5,250 $3.483 $1.452 $9,000 $1.500 $10,300 $10.300 $1.717 $9.300 $9.300 $1.550 $1,645 $20.000 $3.333 $0 $53.200 $8.867 $0 $1,000 $167 $1.372 $7.900 $1.317 $1.000 $12.300 $2,050 $0 $2.400 $400 $0 $500 $83 $0 $3.000 $500 $0 $200 $33 $0 $100 $17 $0 $1.100 $183 $0 $0 $0 $1,788 $6.800 $1.133 $6.646 $107.200 $17.867 $865 $800 $133 $2.323 $10.200 $1.700 $612 $3.300 $550 $510 $1,200 $200 $12.403 $106.000 $17.667 Favorable In favorable t$730} $25.2116 ($1981 $448 ($89) $3.440 $046 $48 ($8.583~ ($7.75{)) $1,688 $8,867 $167 ($55~ $1.0511 $400 $83 $500 $33 $17 $183 $0 t$655 $11.220 ($732) ($623) ($62) ($3101 $5.264 $104384 _ $908,470 . $151,412 $67.353 $192.150 $32.025 $47,028 ($35.328) ~a53 $192,150_- $32,025 ($35,3281 $0 $0 $0 $0 ~' $ i-4-.9-~ $-397.1 o~ ..... $%6.585 $51.25s $14,928 . $397__100_ $66;!83_ ~ $51255 $588.996 $2.786.220 $538.170 ($5o,826)1 $46.211 $0 $93.065 ($46.852) $1.273.973 $1,015,800 $1,320,184 $1,015300 $1.065.384 $371.000 $254.800 $254.800 Notes: Fund Balance at 10/1/02 (actual) includes Reserve for Encumbrances of $50.~19.6~ ' FY 2003 Unappropriated Fund Balance Budget includes $50,519.62 of Rolled Encumbrances and a $40.000 B.A. in Water Management Page 2 ~ COLLIER COUNTY_ _ PELICAN SAY SERVICES reViSiON ..... STATEMENT OF REVENUE, EXPENDITURES AND CHANGES__!N _F_~_N_D__iBAL- A_.N_C__E FOR ~,vo (2) MONTt~S ENmNC NOVEMBER 30, 2002 CAPITAL PROJECTS FUNDS - -~ .... .... ' - ~ { Il- ......... !ii-~ iii ii i iii i ~ .._ii._ ....... ~_._~r~rat*d ...... _._c_!_,_~ n,,y i Uninsured rr. & L,,~d~ :Tot,,I Rev/~xp F.Y. 2003 i No~-02 F,,,or,,ble .......... ~ Szstem ~ ~sets ~--~.,~,1~;~i-~ -~ i * Th,-. ~,~. ' n.~et ~- ! ..... $4 $4,818 ($6,465) lnterest Income' $0 $4,814 ~ 67,700i $11,283 Miscellaneous income ~ $0 i $0 $491 $491 ' 0i $0 $491 Interfund Transfers ~ $01 $0 $0 $0 586,200i $0, $0 Assessment or Ad-Valorem Tax Levy I $16,919 i $0 ! $77,113 $94,031 : 272,600~ $92,684 i $1,347 Unappropriated Fund Balance [ ~;0 I $07,- ...... ~0 .......... $0 ~ .... -~4,--3-64 ! $0 I - $0 ........ T~o~l Rev~n-ueI $16,9~ $4,814' $77,608 $99a40 $1,450,804 i $103,967i ($4,627) · ..... i $33 I $1,542 ' $1.8812 - 8,- 001 ..... ........... $0 Total Other Fees & Charges $338i, $0 ii $5,747 $6,085 $28,300!~i $6'085t $0 NET REVENUE $16,580! $4,814i $71,861 $93,255 $1,422,504 $97,882 i ($4,627) Appropriations: I I i Engineering & Consultants $0 I n/a! $0 ___ $0 $303,464 i $50,577 $50,577 Other Services t $2,445 I n/al $21,06~) ~$2~(~4-'-$I,i 1~-,0~ -$~8~(~)~-~I .... ~l~,(~02- Capital Outlay n/a~- $0 I $0 $01 $-0! $0t ~0 TOTAL APPROPRIATIONS]I $2,445! $0 I $21,060 $23,504 $1,422,504i $237,084! $213,580 Net Income from Operations i $14,136 I $4,814 i $50,801 $69,750 $0 i i ($139,202) $208,952 Fund Balance ~ 10/1/02 (Actual) ~ $437,176 I $1,140,277 , $400,036 $1,977,489 $1,322,000 ! Fn~d Balance ~ November 30, 2002 $451,312 i $1,145,091 $450,837 $2,047,239 ' $1,322,000 i Fn~d B~iance Alio~tio~s ..... Reserved for Operations I $451,312 $0 $328,737 $780,0481 $01 Rese_rved for CapitaI Outlay I $0 $1,145,091 $122,100 $1,267,191 $1,322,000 i I , I ' , No~es: F.Y. 2003 Budget for Fund Balance At 10/1/02 (Actual) includes Reserve for Encumbrances of $176,604.16 F.Y. 2003 Budget for Unappropriated Fund Balance includes $176,604. ! 6 in Rolled Encumbrances. Page 3 Advisory Gommittee 2~8~ South Horsesl~oe ~riYe, $~ite 2~ 2 Naples FL 34104 .,.ii. AGENDA FOR JANUARY 8, 2003, I. CALL MEETING TO ORDER II. ATTENDANCE III. APPROVAL OF MINUTES: December 11, 2002 IV. Vs TRANSPORTATION SERVICES REPORT: A. Budget B. MSTU Financial Review LANDSCAPE MAINTENANCE REPORT: VI. OLD BUSINESS: A. Status of Name Change B. Bridge C. Lights D. Liability Insurance Packet E. Packet for New Member I=. Grants G. Risk Management H. Status of Banners VII. NEW BUSINESS: VIII. PUBLIC COMMENTS IX. ADJOURNMENT ThenextmeetingisWednesdayFebruary'12,2003~///~/O__~ Transportation Road Maintenance D~', e 2685 South Horseshoe Drive, Suite 212 '- -- Naples, FL 34104 Advisory Committee 2705 Horseshoe Drive South Naples FL 34104 SUMMARY MINUTES OF DECEMBER 11. 2002 III. IV. APPROVAL OF MINUTES: Dave Benson moved to approve the minutes of November 13, 2002. Seconded Maurice Carried Unanimously. TRANSPORTATION SERVICES REPORT: B. MSTU Financial Review- Bill had a meeting with Mr. Smykowski and he stated there were charges made against Construction instead of Maintenance. But before any decisions on the budget they will wait for the final report. The Committee was very disappointed Mr. Smykowski was not in attendance or did not have a review for the meeting. There needs to be a clarification on discrepancies. OLD BUSINESS: B. Status of Name Change - Bob reported they have to do a new Petition with 50% plus 1 signature stating they are 'for' changing the name. Bob will talk with Mr. Gochenaur for the process they need to go through to do it pmpedy and comply with the Planning Dept. needs. Mr. Benson submitted his resignation with regret Bob Petareen will inform Sue Filsons office of the vacancy for advertising. 1611 ~y~4or~ g44udt~lc~dto~ M.S.T J/L Advisory Gommittee 2705 Horseshoe Ddve South Naples FL 34104 December t 1, 2002 III. Chairman Bill Neal called the meeting to order at 4:00 PM. ATTENDANCE: A. Members: Bill Neal, Dave Benson, Maurice Gutierrez (4:20), Ed McCarthy (Excused) B. Collier County: Bob Petersen, Val Prince C. Others: Maria Jost-Commercial Land Maintenance, Sue Chapin-Manpower Services APPROVAL OF MINUTES: Being no quorum the minutes could not be approved. LANDSCAPE MAINTENANCE REPORT: Mada gave her report on minor repairs to irrigation heads due to traffic accidents. Mulch is on order and should be spread week before Christmas. There is a tree leaning in the Windstar area that needs to be staked. The poles are numbered for the banners. Bob Petersen reported the banners should arrive on Thursday the 12~. He is asking for the brackets to be put up tomorrow or Friday. All instructions have been emailed to Robert for all the details. Discussion followed on other details of the banners, brackets and placement. Bill had a list of the poles with numbers (attached). IV. TRA$ORTATION SERVICES REPORT: A. Budget Val handed out a corrected Budget from last month. He covered the Revenues and Interest figures with the corrected figure. B. MSTU Financial Review Bill had a meeting with Mr. Smykowski and he did state there were charges made against Construction instead of Maintenance. That brought the cost of the project down making the Committee more comfortable. They hope it means they do not need to borrow more monies from the County. But before any decisions on the budget they will wait for the final report. Val will order an additional light. Bob ordered 4 more new poles at $1,200~;~. (Maurice arrived at 4:20 PM - a quorum is now established) More discussion took place on the Budget items. The Commiflee is very disappointed that Mike Smykowski is not in attendance or did not have a review for the meeting. There still needs to be a clarification on any discrepancies. 1611 Bob mentioned they are in the middle of their new accounting system and are experiencing some difficulties. OLD BUSINESS: B. Status of Name Change - Bob reported they have to do a new Petition with 50% plus I signatures stating they are "for" changing the name. Bob handed out an application sheet for "Street Name Change" and the procedure that needs to be followed. (Attached) Bill asked if they can go to the people that did not vote and ask them to vote. They had approx. 70 that did not respond. There were 43 "For" and 21 "Against". Bob has received 2 more voting "for". Bob covered the expenses: - $200.00 for the administrative Fee - $1.00 per property owner - $25.00 Fire Prevention & Control review fee - $25.00 Data Conversion Fee - $200.00 Street name change or Project name change - After reviewed by Transportation goes to review to Board of County Commissioners The Committee would like the list and call those that did not vote so they do not have to go through the process again. He is asking Bob to email it to the Committee members. Bob will talk to Mr. Gochenaur and see what process they need to go through to do it propedy and comply with what the Planning Dept. needs. C. Bridge - Attorneys have read the LAP agreement and had some disputes. It is at the State level and Bob cannot issue an order to proceed at this time or they will lose their grant. D. Lights - Mr. Stedman did the lumen study and gave it to Bob verbally. A wdtten report will be given at the next meeting. He said there are too many dark spots (inconsistencies) so can not be turned off. Maudce asked if some of the bulbs can be taken out. Leave only the ones that are needed. E, Liability Insurance Packet - Bob has asked someone in his office to look into this and report back at the next meeting. F. Packet for New Member This is the same as above, G. Grants - Bob is following up with Pam Lulich and Madene Foord. H. Risk Management - discussed eadier. I. Banners-discussed earlier. NEW BUSINESS: Bob reported he heard from Kip at the Madna asking whether they need to put pavers all the way to the roadway or a concrete apron like other will resolve the issue. They also discussed the curb, sidewalk and one light pole that need to be relocated. Simmons will be the contractor. Val and Bob informed the committee that the Botanical Gardens will pick up 18th of December. The Executive Summary is on the December 17th Agenda for the BCC to approve the donation of the lights. 161 1 Dave Benson submitted his letter of resignation with deep regret. (Attached) Bob will notify Sue Filson's office of the vacancy so it can be advertised. III. APPROVAL OF MINUTES: Dave Benson moved to approve the minutes of November 13u~, 2002. Seconded Maurice. Carried Unanimously. A lengthy discussed pursued by the committee discussing water situations. Wells, holding tanks, affluent water, potable water and city water. After the first of the year this will be put on the Agenda. Being no further business to come before the meeting it was adjourned at 5:10 PM. 16ti Mr. Bill Neal, Chairman Bayshore MSTU Committee December 11, 2002 Dear Bill; It is with deep regret that I must tender my resignation from the Bayshore MSTU Committee. My calendar is overflowing at this time. With the TIA I had back in 2000 the Doctor felt it best if I cut back on some of my activities. Last Sunday evening you and I talked with Sondra Quinn, President of the Botanical Garden. She was very willing to replace me. I do feel someone from that organization would be an asset on the Committee. I have truly enjoyed the meetings and the progress that has been made on our Bayshore Drive. Your leadership has been instrumental in getting things done. I certainly commend you for working so hard on behalf of all your Bayshore neighbors. Shirley and I appreciate your efforts. Sincerely yours, David L. Benson ADDRESSING CHECKLIST Please complete the following and submit to the Addressing Section for Review. Not all items will apply to every project. Items in bold type are required. 1. Legal description of subject property or properties (copy of lengthy description may be attached) 2. Folio (Property ID) number(s) of above (attach to, or associate with, legal description if more than one) 3. Street address or addresses (as applicable, if already assigned) 4. Location map, showing exact location of project/site in relation to nearest public road right-of-way (attach) 5. Copy of survey (NEEDED ONLY FOR UNPLATTED PROPERTIES) 6. Proposed project name (if applicable) 7. Proposed Street names (if applicable) 8. Site Development Plan Number (FOR EXISTING PROJECTS/SITES ONLY) SDP 9. Petition Type - (Complete a separate Addressing Checklist for each Petition Type) [] SDP (Site Development Plan) [] SDPA (SDP Amendment) [] SDPI (SDP Insubstantial Change) [] SIP (Site Improvement Plan) [] SIPA (SIP Amendment) [] SNR (Street Name Change) [] Vegetation/Exotic (Veg. Removal Permits) [] Land Use Petition (Variance, Conditional Use, Boat Dock Ext., Rezone, PUD rezone, etc.) [] Other - Describe: [] PPL (Plans & Plat Review) [] PSP (Preliminary Subdivision Plat) [] FP (Final Plat) [] LLA (Lot Line Adjustment) [] BL (Blasting Permit) [] ROW (Right-of-Way Permit) [] EXP (Excavation Permit) [] VRSFP (Veg. Removal & Site Fill Permit) 10. Project or development names proposed for, or already appearing in, condominium documents (if applicable; indicate whether proposed or existing) ~, ~,. ,m,,.,,o,. .... ,_.,,,.,.,,c~-~"l- One: [] C'h~o[4i~tv .~._ ~ is to be F~_xed Back [] Personally Picked Up 12. Applicant Name Phone Fax 13. Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Addressing Section. FOR STAFF USE ONLY Primary Number Address Number Address Number Address Number Approved by Date STREET NAME CHANGE PROCEDURES Collier County Ordinance No. 99-76 states that anyone wishing to rename a County street must submit a petition of fifty percent plus one of the property owners abutting the street to be renamed. The proposed name may not duplicate an existing name. Applicants must verify with the Addressing Section of the Collier County. Planning Department (403-2482) that the proposed name is not a duplication prior to submitting the application. The application should be forwarded with a cover letter describing the proposed change to: Susan Murray, AICP Current Planning Section Manager Community Development Services 2800 North Horseshoe Drive Naples, FL 34104 The application must include the following: 1. A petition signed by fifty percent plus one of the property owners abutting the street to be renamed. (A list of property owners should be obtained from the Collier County Property Appraisers Office.) 2. A site plan of the street to be renamed, showing the length of the street in tenths of miles, the location and number of street signs, and the zoning of abutting properties. 3. The legal description, including section, township, range, and subdivision (as applicable), of the abutting properties. 4. The reason for requesting the change. An administrative fee for Street Name Change (Platted) of $200.00, plus $1.00 (one) for each property owner requiring notification of the proposed name change, plus a $25 Fire Prevention & Control review fee and a $25.00 Data Conversion Fee. Street name change (unplatted) or Project Name Change $200.00. (submit one check for entire amount made payable to Board of County Commissioners). Application for Street Name Change - 09/2000 Page 2 of 6 1611 APPLICATION FOR STREET NAME CHANGE DATE: AGENT'S NAME: AGENT'S FIRM: AGENT'S ADDRESS: Telephone No. Fax No. PETITIONER'S NAME: PETITIONER'S ADDRESS: Telephone No. COMPLETE THE FOLLOWING FOR ALL ASSOCIATION (S) AFFILIATED WITH TFIIS PETITION. ( Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address Name of Homeowner Association: Mailing Address City State ~ Zip City State ~ Zip Name of Master Association: Mailing Address City State__Zip, Name of Civic Association: Mailing Address City State ~ Zip COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DMSION PLANNING SERVICES DEPARTMENT/CURRENT PLANNING 2800 NORTH HORSESHOE DRIVE - NAPLES, FLORIDA 34104 TELEPHONE (941) 403-2300, FAX (941) 643-6968 Application for Street Name Change- 09/2000 Page 3 of 6 PROPOSED CHANGE: CURRENT NA3{E OF STREET: PROPOSED STREET NAME: STREET IN QUESTION IS: Reason for proposed change: [] public, or [] private 1611 Approximate length of street: Number of parcels or lots abutting street: Total Number of property owners abutting street to be renamed: owners signinc, petition to change street name: Percentage of property owners sigrfing petition: Applicant ~-] does, or [--] does not, (approx. $100.00 per sign ) agree to pay cost of street sign replacement for public street, LOCATION: Application for Street Name Change - 09/2000 Page 4 of 6 1611 List legal description(s) of properties abutting the street to be renamed. (Attach additional pages if necessary) A. Subdivision: umt No. Tract No. A. Section: Township: Range: B. Subdivision: Unit No. Tract No. B. Section: Township: Range: C. Subdivision: umt No. Tract No. C. Section: Township: Range: D. Subdivision: Unit No. Tract No. D. Section: Township: Range: F. Subdivision: Unit No. Tract No. F. Section: ~ Township: Range: Application for Street Name Change - 09/2000 Page $ of 6 PETITION 1 iD i 1 TO: THE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING STREET NAME FROM TO SIGNATURE ADDRESS LEGAL DESC. DA _ Application for Street Name Change - 09/2000 Page 6 of 6 m 8888 8888 1611 ~0' O' O' ' ' O~M ' 0 ogogogggo~= ggggg "n ITl o~§oo8oooooo§!~§ 8F~88888gg888888,~ ].,6 {1 o o ~o --~ o o o3 c~ 0 o -~ o O0 ~m ~m rtl< m m 0~0~0 000000 m 0000 OC~ ~ 000 O0 0 0 O0 00000 00000 O00 00000 O0 0 8~o m m m rtl ENVIRONMENTAL ADVISORY COUNCIL AGENDA ,January 8, 2003 9:00 A.M. '" -~ r~.9 Commission Boardroom W. Harmon Turner Building (Building "F")- Third Floor I. Roll Call I1. Approval of Agenda II1. Approval of December 4, 2002 Meeting Minutes IV. Land Use Petitions Site Development Plan No. SDP-2001-AR-1722 "Equestrian Professional Center SDP" Section 33, Township 50 South, Range 26 East V. Old Business Update of proposed interagency agreement for wildlife protection. B. Quadrennial Review VI. New Business VII. Council Member Comments VIII. Public Comments Adjournment Council Members: Please notify the Environmental Services Department Administrative Assistant no later than 5:00 p.m. on January 3, 2003 if you cannot attend this meeting or if you have a conflict and will abstain from voting on a petition (732-2505). General Public: 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 proceedings is made, which record includes the testimOr~y ~n'~vidence upon which the appeal is to be based. ~;opies To: 161! December 4, 2002 TRANSCRIPT OF THE MEETING OF THE ENVIRONMENTAL ADVISORY COMMITTEE NAPLES, FL December 4, 2002 LET IT BE REMEMBERED, that the Environmental Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 9:00AM in regular session in the Auditorium of The Golden Gate Community Center, Naples FL, with the following members present: Members: Thomas Sansbury Michael G. Coe Ken Humiston Alfred Gal Alexandra Santoro Ed Carlson John Dowd Michael V. Sorrell (arrived at 9:10AM) Collier County: Barb Burgeson, Kay Deselem, Steve Lenberger, Ray Bellows, Stan ChrZanowski, Patrick White, Robert Wiley, Lisa Koehler Page 1 THE ENVIRONMENTAL ADVISORY COMMITTEE Auditorium of 'the Golden Gate Community Center Naples, FL 34104 9:00AM Minutes December 4, 2002 The meeting was called to order at 9:10am. Attendance: Thomas Sansbury, Michael G. Coe, Ken Humiston, Alfred Gal, Alexandra Santoro, Ed Carlson, John Dowd, Michael V. Sorrel -Erica Lynne had an excused absence. Collier County: Barb Burgeson, Kay Deselem, Steve Lenberger, Ray Bellows, Stan Chrzanowski, Patrick White, Robert Wiley, Lisa Koehler. II. Approval of Agenda: -There were no changes, additions, or deletions to the agenda. III. Approval of Minutes for October 16, 2002: -Mr. Carlson stated that on page 6, the comments by Mr. Coe were actually his comments. The corrected minutes should show the name change of Mr. Coe to Mr. Carlson on page 6. -Mr. Carlson moved to approve the minutes of October 16, 2002. It was seconded by Mr. Coe. All were in favor, the motion passed unanimously. IV. "Lands End" Amendment -Mr. White swore in all those testifying. -Ray Bellows, Chief Planner with Current Planning Staff, stated that the petition was an amendment to the Lands End Preserve PUD. The petition was originally approved September 14, 1994. The petitioner is now requesting an amendment that will reduce the number of dwelling units, increase the building height, and allow the ability to have Page 2 1611 Daccmb r 4, village-commercial uses. Mr. Bellows used an aerial photograph to show the location of the PUD. He also used the petitioner' s masterplan to show the layout of the area. The petition area is adjacent to the Eagle Creek Country Club and the Lely Lakes PUD. The Rookery Bay Conservation area is to the South of the petition area. The proposed amendment is consistent with the GMP, including the village-commercial portion. The proposed height has changed from 20 stories over 2 levels of parking to 75 feet over 1 level of parking. -Steven Lenberger, Environmental Services Division, used the visualizer to show a map, which located the native vegetation on this site. The map showed that most of the property was formally agricultural operations. It is now heavily overgrown with Brazilian Pepper. Cattails were also located in the area and pointed out. The masterplan was used to show that the petitioner is going to retain -38 acres of native vegetation, which is -63% of the native vegetation which is presently on the site. The impacts to the wetlands are minimal, 3.34 acres, 9% of the wetlands will be impacted. This is also the area of Hybrid Brazilian Pepper. The protected species survey was done. They found a Fox Crow nest on the upper northeast segment of the property. This area will be preserved. -Mr. Coe asked what the proposed preserve areas "backed up to". Mr. Lenberger stated that the Eagle Creek sub-division lies to the east. To the north is a mixture of agricultural uses and single-family home sites. The state owns the majority of the property to the south and the Rookery Bay Reserve is to the West. -Wayne Arnold, with Grady Minor Engineering, representing the petitioner, explained that this was an amendment to an existing PUD. He added that when they began this project, they met with their neighbors at Eagle Creek, the Rookery Bay staff, and the Conservancy staff. The one issue that stood out with this amendment was the building height that they had requested. The originally requested five buildings up to 20 stories over 2 levels of parking. In the last two months of discussion, they have agreed to reduce the building height request to 75 feet over 1 level of parking. The day before this meeting, they sent a letter to staff that acknowledged this change. Rookery Bay and the Conservancy were in support of the reduction in height to this level. He also pointed out that they were preserving the "best of the best". One of the significant changes that the made to the masterplan was to add ~6 acres of preserve on the northwest comer adjacent to the Rookery Bay Preserve. Page 3 December 4, 200 6 ! -Mr. Sansbury asked if the height limitations occurred on all the RG tracts. Mr. Arnold stated that this was correct. -Mr. Arnold pointed out that Mr. Lenberger had requested conditions to be added and they have amended the PUD to incorporate these conditions. -Mr. Humiston asked if there could be a water quality monitoring. Mark Minor stated that they new water quality was an important issue due to the relationship with the neighboring Rookery Bay Preserve. They proposed to construct a conventional Storm Water Management system on site and do primary water quality treatment in the "legs". He added that, post discharge, they will construct a series of filter marshes in spetterswails to further provide secondary treatment for water quality purposes. They have had preliminary discussions with Rookery Bay and the Conservancy. They have agreed that through the ERP process, once the public notice has gone out, that they would further work with these two groups to ensure that the water quality standards are met. This would include the construction of monitoring rails along the south and west property lines. He pointed out that the plan included in the EAC packets, was conceptual in nature. The actual hard engineering design has not occurred yet, but the discussions have come up regarding water quality monitoring. -Barbara Burgeson asked about the location and ownership of the proposed 6 acres preserve. Mr. Arnold stated that it was owned by the state of Florida, but it was part of the Lely Lakes PUD. -Mr. Chrzanowski asked if the offsite discharge was going to be tested for water quality. He believed this was the intent of Mr. Humiston' s question and his reply was in the form of ground water control. Mr. Humiston agreed that this was the intent of his question. Mr. Arnold stated that it would not be a problem to sample for discharge water. He suggested that it be set up similar to the regulations that the water management district had for an industrial project or a modification there of. Mr. Humiston stated that he would like to see staff develop a monitoring program to test the water quality parameters in the retention areas, as well as the discharge. -Alexandra Santoro asked who would be continually doing the monitoring in the long- term picture, if they developed this monitoring program. Mr. Minor stated that the developer would be responsible until it is sold out. Then, if it continues past a period of fives years or so, then it would be the responsibility of the Homeowners Association or the Management Company. He added that this is something they will work with Rookery Bay and the Conservancy on in the future. Page 4 Public Speakers A) Tad Bartareau,.representing the Department of Environmental Protection for Rookery Bay, stated that they have been working with Mr. Arnold on the height level. They have agreed to the 75 feet over 1 level of parking. They also agreed that 11 feet was the maximum height of the parking, so they were looking at a total height of 86 feet. He added that they have discussed the fact that 48% of the site is old agricultural field where there is the potential for a range of chemicals. Some sampling has indicated that there are some of the residual by-products there. Through the Water Management District and the permitting process, they will look to address this. Other than this fact, they have no objections to the amendment. -Mr. Carlson asked why they were accepting this if they didn't accept the Rookery Bay Tower Project, which was little more than 86 feet high. Mr. Bartareau stated that the sites were different, because there is less impact on the "view-scapes" from this project. They have determined that this 75-foot level is virtually non-visible from all aspects of the Bay. -Mr. Carlson asked what the original height was on the approved PUD. Mr. Bartareau stated that it was 50 feet. Mr. Arnold stated that the existing height in the PUD is 50 feet over two levels of parking for multi-family homes. For single-family homes, there was a 35-foot maximum. The amendment is requesting 75 feet over 1 level of parking. Mr. Carlson stated that his concern was, they are setting a precedent, which will allow an 86- foot building adjacent to Rookery Bay. He added that what can be viewed from the environmental center, seems to be driving the criteria. He then asked if that criteria, what can be seen from the center, will control all future high rises in that area or have they set a precedent of 86 feet. Mr. Bartareau stated that they have looked at each petition on a case-by-case basis, rather than setting a maximum height. The concern that they have is based primarily on the sight impact in this case. Mr. Coe clarified that Mr. Carlson was saying that approval was based on sight impact, but this is not part of the county ordinance, and the other project was denied due to sight impact. Mr. Bartareau stated that there were other considerations taken into account. One of these was the significant improvement made to the water management. This improvement made the plan more agreeable than the first version that had previously been approved. B) Nicole Ryan, representing the Conservancy of SW Florida, stated that they had concerns about the original proposal for 200 - 60-foot towers. They do not oppose 75-foot buildings over one level of parking, due to the fact that this is a currently Page 5 December 4, 20 '161 approved PUD. She added that this was one of the significant differences from the Estuary Bay Towers. Also the Conservancy was pleased because they were decreasing the density on this project from 786 units to 725 units. She added that the property is significantly impacted and degraded due to the agricultural uses on it. She explained that they were concerned about the view-scape, but they have received assurances that the buildings will not be seen from key points in Rookery Bay. They felt this was important since the tax payers have paid for Rookery Bay, and do not want to see high-rises in their natural preserve areas. The Conservancy will continue to look carefully at the proposed building projects around the boundaries of this area. They would like to see some kind of proposed height restriction or some sOrt of special overlay district for the areas adjacent to preserves. Then there would be a higher level of scrutiny for impacts to the environmental view, water management, and other environmental issues. She added that these areas are different than other developments within the urban area and they should be treated differently. -Mr. Carlson stated that Sand Hill is a piece of property owned by the National Audubon Society on the north end of Rookery Bay. He explained that it is a rare coastal dune that is -22 or -32 feet above sea level. He added that the view from this point would be obstructed and dominated by the high rises. Nicole Ryan stated that this might be a good reason, in the future, for the EAC and the county staff to work on some sort of special overlay district for the areas adjacent to Rookery Bay. -Mr. Sansbury asked what the height limitation is at Eagle Creek. Barbara Burgeson stated that there was no staff present at the time that was able to answer that question. Mr. Bellows added that the current Lands End PUD allows for 50 feet in the multi family residential tract, and the requested change is a 25-foot difference. Mr. Sansbury asked Mr. Gal if there was anything off Eagle Creek that one could see from 951. Mr. Gal informed him that there was not. -Mr. White asked if there were any ex parte disclosures. Mr. Carlson stated that he had a phone call the day before from the representative of Rookery Bay. Mr. Humiston stated that he had a discussion the day before with Tad Bartareau. -Mr. Carlson and Mr. Gal stated that they were abstaining from the vote. -Barbara Burgeson stated that she had attempted to add a stipulation. She read the idea into the record: "staff will develop a monitoring program to test water quality parameters in retention areas and discharge areas to ensure proper pre-treatment prior to all off-site discharge. Annual reports will be provided with the required PUD annual monitoring report." -Mr. Humiston made a motion for approval with the stipulation drafted by Barbara Burgeson. It was seconded by Mr. Coe. Page 6 December 4, Ve -Mr. Coe asked who was going to do the monitoring after the developer is out of the picture and how do they know that it i's being done. Mr. Sansbury informed him that the district permit requires you to signify who is going to be the long- term owner and operator of the system, which is the Homeowners Association. Mr. Chrzanowski added that they have yearly monitoring reports that must be submitted and these reports have stipulations to verify that all this is being done. He suggested that the best people to test the water quality may be the Rookery Bay people since they know the best times and techniques for testing. Mr. White added that typically what is done with the permits, is that the actual provisions are included in the declaration of covenants and restrictions that are applicable to the regulated property. His understanding was that the applicant's agent was willing to put on the record that this is something that they would be amenable to and it reflects their agreements with the Conservancy and other interested parties. -Mr. Sansbury commented that he still had a difficult time with 85 feet, but he supported the compromising nature between all parties involved. -Mr. White stated that Mr. Carlson and Mr. Gal have filed form 8B. -Mr. Sorrel clarified that the difference from the original PUD, was a difference of 14 feet. He asked Mr. Bartareau if he was saying that they are now required to do more than in the original PUD. Mr. Bartareau stated that in terms of preservation of Rookery Bay it was indirect, in terms of restoring flow-ways and habitats. He added that it was a trade off to some degree. Their recommendation is for approval of the amendment since the flow-way restoration piece is in there. -The motion was recalled. The motion passed, 5-1. (Mr. Gal and Mr. Carlson abstained from voting and Alexandra Santoro opposed). A ten-minute recess was taken. Charley Estates -There were no ex parte disclosures. -Mr. White swore in all those who would be testifying. -Kay Deselem, principal planner with current planning, used an aerial photograph to show the location of the land. She explained that it only had access to US 41, by two different points. The project surrounds the First Haitian Baptist Mission. It was zoned into two separate pieces. One piece was zoned agricultural and the other piece was zoned PUD. The proposal is requesting that the entire parcel be zoned PUD. The original PUD was known as Habitat Place. They propose to build 124 single-family detached units and they are asking for consideration of an affordable housing agreement that would allow these homes to be used for Iow- income housing. -Mr. Lenberger, environmental services division, stated that the subject property is wooded. He used an aerial to show both pieces of land. Most of the area is vegetated with Pine, but there is an area of Cypress and another of Saw Palmetto. The wetlands are about 9.5 acres and they are in the Pine and Cypress areas. The petitioner did a protected species survey and did not find any protected species on the site. Page 7 December 4, 2002 -Ken Griffith, principal planner with Johnson Engineering in Fort Myers, stated that he and his co-workers were present on behalf of Habitat for Humanity. Habitat for Humanity owns the 20-acre parcel and has a contract for the additional 8-acre parcel. Currently the PUD is approved for 100 dwelling units on the 20 acres. The amendment is to add 24 additional units on the 8 acres, then the overall net result would be a decrease in the density from 4.95units per acre to 4.37 units per acre. It is a proposed affordable housing project. -There were no public speaker, s. -Mr. Carlson added that there is a Deltona Settlement agreement map. Mr. Lenberger stated that the diagram shows the agreement. The areas slated for development and the preserve lands that were set aside were shown on this map. The area is set aside for development in the Deltona Settlement agreement. There is no additional wetland preservation required for this site. The water management district will permit the project and there will be no mitigation required from the state for impacts to wetlands. The applicant will still have to get permits from the Army Corps of Engineers for the project. -Mr. Coe made a motion for approval. It was seconded by Alexandra Santoro. All were in favor. The motion passed unanimously, 8-0. Vie New Business A) Quadrennial Review and Report: Barbara Burgeson stated that there is no additional information for the EAC to discuss this month. Item A was put on the agenda as a reminder. B) Conservation Collier Program Update: Barbara Burgeson stated that she had handed out press releases to the EAC earlier that morning. The BCC amended the ordinance the day before with very minor changes to this. This press release has a December 30, 2002 deadline so anyone interested in applying must get their resumes and letters to Sue Filson by December 30, 2002. Any members of the EAC wishing to sit on both boards, were advised that Barbara Burgeson believed it was allowable. She added that she would check with Sue Filson to make sure. She explained that a staff position will be added under Bill Lorenz's position. This will be posted and defined probably by the end of December or early January. C) Hearing Examiner: Barbara Burgeson explained that the hearing examiner position will not be filled at this time. The BCC decided to postpone this indefinitely. -Mr. White reminded the members of the council that there should be no exchange of emails before a matter is heard that requires a decision on the part of the EAC, especially those pertaining to quasi-judicial matters. The only reason for emails should be something that EAC would like to direct staff in finding for the matter. One of the reasons that this is important to remember is due to the Sunshine Laws. -Alexandra Santoro asked if they should submit ideas or discuss the quadrennial report. Barbara Burgeson stated, that as a result of the BCC decision to postpone the hearing examiner, there may be some potential modifications to the direction this report would take. Mr. White added that there are a series of questions to be Page 8 1611 December 4, 2002 VII. answered, but these are the questions in the agenda packet. He believes if the EAC had some suggestions or directions for staff, that it would be appropriate to make them at this time. Alexandra Santoro asked which staff member they should direct their comments to. Barbara Burgeson replied that they could send them to her or Bill Lorenz. -Alexandra Santoro stated, with the announcement of the hearing examiner, that some of the things they have been doing would be continued. She would like to see the council become more pro-active in helping to form an ordinance around Rookery Bay regarding maximum height and the promotion of recycling. She believes the council has been very effective this past year in the changes to the LDC. She asked if staff would put down the number of hearings on PUD's that they have had in the past year. Barbara Burgeson stated that they would. -Mr. Coe added that they need to get into re-writing the LDC. One thing he believed that should be part of this is some way of providing county with the authority to shut a project down when it is in opposition to the LDC. He used the "turtle ordinance" as a case where similar problems had occurred. -Mr. White stated that the limitations in question were limitations on government, itself. The power under the constitution is in three parts: courts, legislative, and executive. He explained that it is ultimately the courts that have the authority to enjoin certain activities that are unlawful, and a code or rule cannot grant local government this authority. The local government does have the authority to deny permits or approvals to a project where a violation has been determined to exist. The ability to shut down a business because of a violation of the LDC is not in the authority of the local government. He added that this is the notion of "the balance of power". Mr. Coe stated that he would still like to explore the possibility of increasing the penalties or whatever it takes to put "some teeth" in compliance of the code before it goes to court. -There were no public comments. Adjournment - Adjournment was at 10:15AM. Page 9 Fiela -- Advt~,oey ~ommidM 2685 Horseshoe Drive South, Suite 212 Naples, FL 34104 AGENDA 161/i II. III. IV. VII. VIII. X. CAI.I, MEETING TO ORDER ATIY2qDANCE APPROVAL OF MINUTF3: December 5, 2002 TRANSPORTATION SERVIC'~ REPORT: A. Budget Report OLD BUSINESS: A. Lighting Company B. February Meeting C. Utility Pole Easement D. Logo - digital picture on Posts 1. County slxeet sign design E. Sidewalks F. Water at Sunset Bay G. North end of Gulf Shore Dr. Landscaping H. Traffic Calming I. Comer of Vanderbflt Beach & Vanderbflt Drive (Water) J. Bench Rephcements -Additional Benches? NEW BUSINF~: PUBLIC COMMENTS The heX1' mee'ring is scheduled f~ 2:30 PM, February 6, ZOO3 AT ST. 3'OHN~ CATHOLIC CHURCH 6:~5 111TM Ave. Naples, FL .~/_f,/.~ _.~ Advtsoey ~o~lttee 2685 Horseshoe Drive South Naples, FL 34104 SUMMARY MINUTES DECEMBER 5, 2002 III. APPROVAL OF MINETF. S: Bud Martin moved to approve minutes of November 7, 2002. Seconded. Carried. Dick introduced Connie Dearie and Eileen Webster - Community Liaison for Transportation. They will advise and help the Conmfittee organize the February 27' meeting. Dick appointed BJ to coordinate and organize the ~neetmg and advertising and work with Connie. IV. Landscape Maintenance Repore Two benches were destroyed. Carol Wright moved to purchase 2 replacement benches. Bud Martin seconded. Carried Unanimously 5-0. VI. Old Business: D. Meandering Sidewalks & Sunset Bay Diane Flagg was introduced from Transportation. She informed the committee she is responsible for attending the various groups such as the MSTU's to help identify what their issues and needs for pathways are. They discussed he sidewalk issue & Val will show her after the meeting the areas in reference. 1611 Advtsoe¥ ~o~lttu 2685 Horseshoe Drive South Naples, FL 34104 Minutes December 5, 2002 I. Dick Lydon called the meeting to order at 2:35 PM. II. ATIWaNDANCE: Committee Members: Dick Lydon, Carol Wright, BJ. Savard-Boyer, Bud Martin, Charles Arthur Collier County: Val Prince-Road Maintenance, Gerald Moms-Transportation Design Operations, Conme Dearie-Transportation, Eileen Webster- Transportation, Diane Flagg-Transportation Others: Maria Jost-Commercial Land Maintenance, Sue Chapin - Manpower Services III. APPROVAL OF MINUTES: Page 1 under Approval of Minutes should read "Vanderbilt Property Owners Association" donated 4 of the 7 benches. Bud Martin moved to approve the minutes of November 7, 2002. Seconded Charles Arthur. Carried unanimously. BJ arrived at 2:40 PM. Dick introduced Connie Deane, Community Liaison for Transportation and Eileen Webster (Commie's Assistant). They will advise and help the Committee organize the February 27~ meeting. A lengthy discussion was held with the following decisions: Meeting to be held at 7:00 PM Meeting will be concentrated on Lighting Val will coordinate Design Plans A Visual and Physical fighting display will be presented Press Releases Mailing Announced in Newsletters Letters to the Editor Lighted Sign/s if available from Transportation for announcing the meeting Dick appointed BJ to coordinate and organize the meeting and advertising. The Lighting Company will be attending the January meeting. Discussion followed on possible costs. The numbers will be presented at the next meeting. Val will get some costs from the Bayshore MSTU on their lighting and costs. BJ asked about pole replacement being covered through Insurance. Connie suggested they display an aerial photo at the xneetmg. Dick suggested Connie attend the January 2~ meeting. All information concerning the 27* meeting will be ready at that time. If BJ has any information for the Committee she will let Sue know so it can be relayed to the Committee. IV. TRANSPORTATION SERVICF~ REPORT: Val handed out the budget. They are still getting reformation concerning the MSTU Expenses. Val noted the Property Appraiser has not been budgeted for and he is looking into it. There were no questions from the Conmaittee. V. LANDSCAPE MAINTENANCE REPORT: MariaJost reported 2 benches have been destroyed. Carol Wright moved to purchase 2 replacement benches. Bud Martin seconded. Carried unanimously 5-0. Val will follow up on the Insmance and press charges against the perpetrator if necessary. BJ will get the case number for Maria. Mafia left at 3:05 PM. OLD BUSINESS: A. Utility Pole Easement - Charles Arthur brought a copy of his survey. After careful study of the map, and discussion, it was felt there is no easement. Different costs were discussed to bury the utility lines. Bud will call FPL to get the cost of burying lines. B. Tree/s installed by Bench at Dunes - The Dunes will purchase the tree/s when the bench is replaced. C. Ix)go4igital picture on Post - Bob Petersen will take picture for next meeting. Do Meandering Sidewalks & Sunset Bay - Val read an e-mail concerning the sidewalks. The Committee needs to talk to Gerald Moms. The committee continued to discuss the sidewalks concerning who pays for it, who mamtams it, and the areas. Val stated they are limited with the way the road drams, but that the County does pay for it and maintains it. Diane Flagg from Transportation told the committee she is responsible for attending the various groups such as the MSTU's to identify what their 2 1611 issues and needs for pathways are. Monies in the MSTU funds are used or Grant monies can be applied for. Diane informed the committee that when the sales tax vote failed, ftmds were taken out of Pathways. What was $500,000 is now $50,000. Pathways budget is reduced considerably. Val will show Diane after the meeting the areas they are referring to along Gulf Shore Drive. Being she was in Emergency Services previously, her concem is sidewalks because of safety issues. She has seen many accidents with bicyclers. She stated the Committee has two issues - 1) trying to fix a situation that currently exists - 2) fix the problems from this day forward in which they would need to revise the Land Development Code. If they revise the LDC for Pathways to be put in correctly the first time, the committee wouldn't have to deal with the issues again. She discussed a "Multi-Purpose" use of the Pathways such as they are doing in other states. It would require easements and certain widths of sidewalks. She reiterated the risks involved with people using bike paths. Val & Diane will look at the situation and report their findings and suggestions back to the Committee. Water not draining properly on Sunset Bay was discussed. Carol will show Val the area so it can be addressed properly. Bud talked about curb and gutters and storm sewers. Dick suggested the two Associations should be looking into these issues. Val said they need to get a design for the roadway and address it with the BCC for road construction to be done. They need to convince the Board for budgeting purposes and recognize its importance. Diane also has the CAT System. She discussed the current routes of the Trolley system and suggested a route for Beach access in the area. She wanted their thoughts on a Beach Trolley. The Committee thought it was a good idea but had several concerns such as: -protected access at 111 Gulf Shore Drive Intersection -no restrooms available - traffic jams -getting the Trolley off the road. Carol stated there is land for sale by the Park. Going into the Park and riding the Trolley would be ideal. If a mm around could be engineered, Dick said they would be willing to use MSTU monies to fund the project. Charles was in favor of duplicating the South end at the North end with restroom facilities. Many options were discussed. NEW BUSINESS: Val introduced Gerald Moms - Traffic Calming. showed Gerald the area of concern. Val had previously Gerald stated when altering traffic patterns the Committee needs to ask themselves "what are they trying to achieve". Many traffic calming devices are used but have their limitations. Human factors are to be taken into consideration. If there is no reason to stop, people will run the stop signs and then it's a waste of time to have them. He is addressing Bluebill and Gulf Shore. Dick mentioned they have been working 5 years for a beach access and a mm-around for the County residents. Gerald will talk to Parks and Recreation for additional background. Gerald handed out a questionnaire for the Committee to think about and let him know what their ideas are, what they want to achieve and what do they want it to look like. He is also concerned about slowing the traffic down too much. The mare concern would be a turnaround and duplicate the North end like the South end. A round table discussion took place. Back to Old Business G. Report on Letter to BCC/Vanderbilt Iagoon - Corp of Engineers Study. Letter had been mailed to the County Commissions. E. Comer of Vanderbilt Beach & Vanderbflt Drive Water- Val mentioned it is public property. The committee said it is a mosquito trap. They felt it is a safety hazard. Val will check with Mosquito Control. Dick asked Val to speak with the Regatta about replacing the sod by the boat docks. F. Febmarys Meeting - Discussed earlier in the meeting. Charles Arthm moved to adjourn. Seconded Bud Martin. Meeting was adjoumed at 4:00 PM. ,1~11 1611 ,,°,8 ~8 0 ~ 1611 Citizen Corps Advisory Committee Agenda December 19, 2002 3:00 Opening Remarks -Roll Call Chairman 3:15 Approval of Minutes Chairman 3:20 Threat Update Emergency Management 3:30 New Business Chairman Intro of Vice-Chair RSVP Member Orientation Briefings 4:00 Old Business - Grants working group Chairman 4:15 Other Issues All 5:00 Next Meeting/Adj oum (:lanuary~:~._~ 3:00pm) Chairperson Fiala Halas Henning'_ Coyle Coletta V COLLIER COUNTY CITIZENS CORPS ADVISORY COMMITTEE December 19, 2002 Attending: James Elson, Veterans Council Walter Jaskiewicz, Coast Guard Auxiliary Deborah Horvath, American Red Cross Carol Pahl, Chairperson CERT Nelda Miller, CERV Gerald Sugarman, RSVP- new member Robert Rohland, Salvation Army Charles Graves, Naples Chamber Carol Pahl: read letter from Robert Burhans informing the Chairperson that he will be out of state and unable to attend this meeting. He does expect to be available for future meetings. Chairperson has also been informed that Dr. Coburn will be unable to attend this meeting. Carol Pahl: Is there a motion to adopt the minutes of November 23, 2003? Motion was made, seconded and the minutes of November 23, 2003 were approved. Rick Zyvoloski, Emergency Management Department gave a brief Threat Update. He provided the committee a handout showing two methods for the public can stay current with events. 1. Emergency Email System which provides information on Severe Weather, Utility Outages, Organ Donation, Daily Weather Forecasts, Routine Blood Drives - American Red Cross, and Missing Children AMBER Alerts. This is a rapid notification system that can be subscripted to by cell phone, digital pagers or email. The system is used to disseminate Collier County disaster information. There is no cost to the public and members of the Citizens Corps Committee are encouraged to subscribe. Florida Division of Emergency Management, Daily Status Briefing which the State e-mails daily. Includes information on weather, special events, terrorism - regional & national, Arbo-Virus updates, Wildland Fire, and Drought status. This is also a free service. New Business: Introduction of Vice-Chair: Mr. Burhans was unable to attend the.im~et~ng. Introduction of Mr. Gerald Sugarman, who will be the new RSVP member.. Orientation Briefings: Carol Pahl suggested each member give a 4-5 minute presentation on the group they represent over the next months so that everybody has a better understanding of what each group encompasses. Deborah Horvath, American Red Cross and ChiefPeterson, Fire Chiefs Association will give briefings at the next meeting. CERT - Community Emergency Response Team briefing presented by Carol Pahl CERT was started in Collier County approximately 5 years ago by the North Naples Fire District. There are now about 600 CERT members in Collier County and most of the fire departments participate and have a CERT team/teams. It teaches one to recognize potential hazards, take steps to get to safety, administer first aid and triage, identify, organize and utilize the available resources, perform need assessments for documents & communications and to work with the local authorities. Assist others with emotional distress until the professionals can take over. Provide assessment and/or aid until the professionals can arrive on scene. CERT members should be able to assess the situation and notify the authorities as to what is needed. Training is 7 weeks, covers everything and has continuing education. It is a very active group and is growing by leaps and bounds. Old Business: Grants Working Group: Chairperson introduced Marlene Foord, Collier County Grants Coordinator and asked her to give an overview of the specific help she needs from the Committee. Marlene Foord: Will help you as you proceed and recommend possible grant programs that are appropriate for what you are trying to do. I can help with research to identify appropriate grants. As a sub-committee, I would recommend a small group of two - three people. (tape unclear) Chairperson: What specific information do you need for grants? Marlene Foord: One of the things I would recommend is to find out what kinds of things you want the grants for - specific projects or programs. The I can actually search for appropriate grants. There are grants coming out of Homeland Security for Citizens Corps activities and those we will look at in depth and see if they match up with your programs or projects. Tape unclear Chairperson: We have three people with experience with grants. Bob Rohland, Gerry Sugarman and Deborah Horvath. These three will assist Marlene Foord. Chief Peterson: Suggested looking at CERT groups and how to communicate with them in the event that the County systems, cell phones, etc are not available. We might look at this issue and the agencies we represent to determine what are options are out there. 16il Communications will be a big problem in an emergency. The CERT groups would be a good focus. They are in different neighborhoods. How will we communicate with them. Chairperson asked for any other comments conceming grants. (tape unclear) Ken Pineau, Collier County Emergency Management Director: Collier is one of the first, if not the first, County in Florida to develop a Citizens Corps. Several Cities are involved. Some information has been obtained from the National Council saying that some monies will be released to the States in the near future. Several million dollars primarily for the Citizens Corps and CERT. These are areas that you may want to consider. That is one avenue to pursue. Other Issues: Walter Jaskiewicz asked to be added to the Emergency Services working group. Jennifer Belpedio, County Attorney's Office: County Attorney's Office can provide a presentation on Public Records to the committee. Would you like you to schedule someone to speak to you. Chairperson: It would be a good idea. Would someone be able to address our next meeting? Jennifer Belpedio: I can't commit to it without speaking to Mr. Weigel. I certainly will speak with him. Gordon Vander Till: Does the organization have a statement of purpose, organizational charter or anything of that nature? It would be helpful if you had a statement of purpose. Chairperson: That was covered in the ordinance. (Tape unclear) Emergency Services Working Group to be headed by Chief Peterson with EMS, Civil Air Patrol, Emergency Management & Coast Guard representatives. Will the groups be "working groups" or "sub-committees". They may need to comply with the Sunshine Law. We may need to get clarification from the County Attorney's Office if we can have a group that does not have to post notice, invite the public, etc. A "focus group" may not have to comply with the Sunshine Law. Chairperson: Jennifer, can you check into that for us please? Jennifer Belpedio: Yes 3 The Ordinance identifies 5 working groups: Emergency Services, Volunteers, Law Enforcement, Public Information and Finance/Grants. Ken Pineau suggested scheduling the next meeting on January 23ra instead of January 16th. Emergency Management Staff will be attending a conference that week. Chairperson: Thursday, January 23rd, 3:00 pm - does that meet with everyone's approval? No objections - The next meeting will be January 23, 2003, 3:00 p.m. in the Board Room. Chairperson: May I have a motion to adjourn? Motion make, seconded and approved. Meeting Adjourned. 1611 Receive the following info via Computer, Cell Phone and/or Digital Pager: Severe Weather lnt'ormation Outage hiI'o fi-om my electric, gas, water co Organ Donation Dailv Weather Forecasts (it' available) Routine Blood Drives/Red Cross MISSING CI4[LDREN AMBER Al. ER'IS (as available) _DO NOT SEND National Disaster News Fiorida I7)aiI¥ Status Briet~n~z %eather (Around the state & hazardous weather) Arbo-Virus -- (West Nile, etc) Terrorism (Worldwide to local, calendar or'significant events & cybcrtcn'oris~n) Wildland Fire (Elements leading to a fire threat) Other Florida DiviSion of Emergency Management Daily Status Briefing For the Day of: December 19, 2002 Reporting period: 0800 hrs 12/18~02 through 0800 hrs 12/19~02 I. Weather A. State Forecast for Florida Watches and Warnings: A river flood warning remains in effect for the following river points: Cypress Creek at Worthington Gardens. and Peace River at Barrow and Arcadia. Minor ftoodin9 is occurrin9 along these rivers. STATE FORECAST FOR FLORIDA - from the National Weather Service Office Miami Today - Cloudy and breezy extreme western panhandle with scattered to numerous showers and thunderstorms. A few storms may be severe late in the day, Increasing clouds remainder panhandle with scattered showers and thunderstorms. Partly cloudy elsewhere with Isolated showers in the keys. Highs in the 70s except around 80 south and Keys. Tonight - Cloudy with widespread showers and thunderstorms panhandle. Cloudy northwest with scattered showers and thunderstorms. Increasing clouds elsewhere with isolated showers. Lows mostly in the 50s north and 60s elsewhere except lower to mid 70s southeast coast and Keys. Friday - Clearing panhandle. Early morning showers and thunderstorms northwest then decreasing clouds in the aftemoon. Partly cloudy elsewhere with scattered showers or thunderstorms. Highs in the 60s panhandle and northwest to the 70s elsewhere except lower 80s southeast and Keys. B. Hazardous Weather Outlook Florida - Isolated strong to severe storms will be possible over Ftodda Thursday night and Friday. Regional - Nothing to report II. Arbo-Virus Arbovirus Diseases - Human Cases STATUS: No change Link to Dept. of Health arbovirus surveillance map i' Disease New Cases Total Cases Fatalities 0 1 1', 0 28** 1'*** 1 0 1 I East. Equine Encephalitis West Nile Virus St. Louis Encephalitis Virus *Fatality is from a case reported last year. Please see Incident #: SWP020806 - 4107 *'* Sixteen cases of the West Nile Virus have been confirmed in the State of Flodda: The'first case involved a patient who had spent time in the State of Louisiana; 2 cases involved patients who received organ transplants in Miami-Dade County, 7 cases in Escambia, 2 cases in Palm Beach, 2 cases in Marion, 2 cases Sarasota and 1 case each in Alachua, Brevard, Citrus, Clay, Duval, Hillsborough, Orange, Polk, Lake, Lee, Manatee, and Santa Rosa counties. *'*'* 1 new case reported in Sarasota County ~'- 1 death in Madon County Page 1 DOH Health Alerts STATUS - Clay County added (34 Counties) - Escambia, Lake, Marion, Orange, Sumter, Volusia, Brevard, Flagler, Osceola, Seminole, St. Johns, Charlotte, Hillsborough, Indian River,' Lee, Manatee, Polk, Sarasota, Pinellas, Pasco, Hemando, Palm Beach, Alachua and Putnam, Citrus, Collier, DeSoto, Glades, Hardee, Hendry, Highlands, Martin, Okeechobee, St. Lucie, Jackson, Levy, Santa Rosa, Duval and Clay III. Terrorism A. Homeland Security Threat Level Current Threat Level: Yellow - Elevated L',nk to ::he Department of Homeland Security Webpa,qe Rid,qe says Homeland Dept. on trackThe designated chief of the Department of Homeland Security met Tuesday with hundreds of anxious federal employees and said the new entity to protect America from terrorist attack would be up and running by March 1, the congressionally mandated date for full operation. Former Pennsylvania Gov. Tom Ridge, who must gain Senate confirmation of his appointment, also assured some of the new department's federal workers that their pensions and civil service benefits would not be in jeopardy in the biggest government reorganization in 50 years. B. Reported Events I Event Type Suspicious substances/packages Bomb Threats Reports in last 24 hours Reports since Sept. 11, 2001 1 O, 357 121 C. Special Events What Where Date Time Concert - Charlotte Church Tampa Dec. 20, 2002 8:00PM NFL Football Jacksonville vs Tennessee Jacksonville Dec. 22, 2002 1:00PM NCAA Basketball FSU vs North Carolina Tallahassee Dec. 22, 2002 8:00PM NBA Basketball Orlando vs Milwaukee Orlando Dec. 23, 2002 7:00PM NFL Football Tampa Bay vs Pittsburgh Tampa Dec. 23, 2002 9:00PM NCAA Football - Tangerine Bowl Orlando Dec. 23, 2002 5:30PM Chris{mas Holiday Statewide Dec. 25, 2002 All Day :NBA Basketball Orlando vs Detroit Orlando Dec. 25, 2002 2:00PM Kawanza Statewide Dec. 26 -Jan. 1 All Day 2003 NBA Basketball Miami vs Boston Miami Dec. 27, 2002 8:00PM NHL Hockey Florida vs Dallas Miami Dec. 27, 2002 7:30PM NHL Hockey Tampa Bay vs Boston Tampa Dec. 27, 2002 7:30PM NHL Hockey Florida vs New York Miami Dec. 28, 2002 7:30PM INBA Basketball Orlando vs Boston Orlando Dec. 2'8, 2002 7:00PM !NHL Hockey Tampa Bay vs New York Tampa Dec. 29, 2002 5:00PM Page 2 State Emeraency workers will have antidote to ~oisons Central Florida emergency workers will have quick access to thousands of antidote kits to counteract a nerve gas or pesticide poisoning attack, authorities said Wednesday. About 3,000 Mark I nerve-gas antidote kits will be distributed among first responders in Orlando. Reedy Creek and Orange, Seminole, Osceola, Brevard, Lake and Volusia counties. Regional Nothing to report\ National Brotiners. couote face terror charqes U.S. says they're linked to Hamas group, have sold to Libya and Syria Four brothers were arrested by anti-terrorism agents Wednesday outside DaJlas and later indicted atong with a fifth brother as well as a leader of the Islamic militant group Hamas and his wife. The charges include money laundering and trafficking with terrorist states Libya and Syda, Attorney General John Ashcroff announced. N.Y Terror Suspect's Reiatives Arrested Three relatives of a man accused of belonging to an aI-Qaida terror cell in the Buffalo suburb of Lackawanna were arrested and charged with illegally operating a money transferring business. World Al Qaida suspects to be tried in Jordan Jordan said Wednesday the suspected killers of a U.S. diplomat would be tried in the kingdom and that the United States has not asked for their extradition. Prime Minister Ali Abul Ragheb said Libyan Salem Saad Salem bin Suwaid and Jordanian Yasser Fathi Ibrahim would "receive a fair trial and punishment here in Jordan." E. Significant Events December 2002 F. Cyber Terrorism New 'Iraq Oil' Net~vcrk Worm Found A new network worm that spreads through shared folders on machines running Microsoft Corp.'s Windows NT, 2000 and XP operating systems has been detected, according to advisories posted by Page 3 a number of antivirus software makers today. The new worm, called W32/Lioten, also go by th 'J' name Iraq_oil, Datdx, W32.Lioten, and I-Worm. Lioten, F. Chem - Bio Nothing to report IV. Wildland Fire A. Fire Weather Dec 18, 2O02 Fire Weather Watch -None issued Red Flag Warning - None lssued B. Keetch - Byram Drought Index STATUS: No change Statewide Average: 114 an increase of 6 from Wednesday t KBDI over 700 - None r KBDI over 600: ~-o--n-~ , KBDI over 500 None C. US Drought Monitor The State of Florida was not mentioned in this week's drought Summary. htt p://www, drouqht, unl, e~u/dm/mon itor. htm t D. Wildland Fires STATUS' No Change U.S. Drought Monitor ~c....~~..,. ,o. 2. f Fires Acres Fire Districts of Concem Reported Bumed ! Daily I 0 0 Monthly j 30 207.5 Year to Date 2,721 ~ 41,811.5 ~ V. Other Dade shrinks its zones for hurricane evacuation County emergency managers on Wednesday removed a 400-square-mile chunk of Southwest Miami- Dade from its hurricane evacuation zones, meaning more than 320,000 residents won't be ordered to pack up and leave the next time a powerful storm threatens the region Guard units .qo on alert, for possible duty About 1,000 Florida Army National Guard infantry soldiers in the Orlando and Panhandle areas have received an alert order for potential activation, Guard officials said Wednesday, but there is no indication they will actually be mobilized and no word on what they might do if they are. Page 4 Collier County Government Communication & Customer Relations Department 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8999 Contact: Sandra Arnold-Lawson Public Information Coordinator (239) 774-8373 December 9, 2002 FOR IMMEDIATE RELEASE The Collier County Citizen Corps Advisory Committee meeting is scheduled to begin at 3:00 p.m., December 19, in the Board of County Commissioners' conference room located on the third floor of the Harmon Turner Building in the Collier County Government complex. All members and participants are encouraged to attend. If you have any questions concerning this meeting please contact Jim von Rinteln at (239) 774-8911 or (239) 774-8444. Fiala /' Coletts- .-/~/ - ]Vlcmorandum 161! Date: January 14, 2003 To: Sue Filson, Board of County Commissioners From: Linda Swisher, OchoF. cc Fire Control District RE: Advisory Board Meeting Minutes Please find enclosed the meeting minutes for October 2002. These are the only minutes so far this new fiscal year for our board. They did not have a meeting in November or December, however, they did have one on 1-13-03 and those minutes should be approved at the February meeting. If there is any change I will notify you. It is very difficult to achieve a quorum with only three members we have to make sure they all can make it. Sincerely, Linda Swisher Ochopee Fire Control District Emergency Services Division 161! THE OCHOPEE FI. RE CONTROL DISTRICT ADVISORY BOARD MEETING HELD OCTOBER 7, 2002 IN THE FIRE CHIEF'S OFFICE AT THE EVERGLADES FIRE STATION In attendance were the following: Paul Wilson, Fire Chief David Loving, Chairman, Everglades City Advisory Board Member Kent Orner, Chokoloskee Island, Advisory Board Member John Pennell, Plantation Island, Advisory Board Member Hugo Sims, Everglades City Advisory Board Member The meeting came to order at 7PM. $100 FROM THE OCHOPEE FIRE CONTROL DISTRICT VOLUNTEER FUND FOR THE CHILDREN'S HALLOWEEN PARTY: A motion was made by Kent Omer to donate $100 from the Ochopee Fire Control District Volunteer Fund for the Children's Halloween Party and was seconded by John Pennell the motion was passed unanimously. UNION CONTRACT NEGOTIATIONS: Chief Wilson said the contract was negotiated here in this office last Tuesday. The union and the Department walked away with a viable proposal. They are right now next door voting on ratification tonight as we speak. Basically what we did was offer them the same pay that every one else in the County will be getting as far as cost of living and pay for performance raises. That took care of the pay side of it. We as the administration opened up the six-month probation three-month extension clause and we wanted that switched to six and six. Because if we are going to keep hiring these guys uncertified and let them go to school and be certified it takes them a year to get certified but we want the ability to get rid of them if they don't complete school correctly. He told the union if you are going to force this and not except it if they are not done in nine months then I am going to terminate them we don't keep them. This is in reference to new employees that have to complete Firefighting and EMT School some of them have to attend both. They approved and accepted that. That is pretty much it for the contract. Ken Orner asked about the New Lieutenant? Page 1 161! Chief Wilson said we will be interviewing this week for the new Lieutenant's position. Kent Orner asked if any one with in the Department was qualified? Chief Wilson said no. David Loving asked whom are you replacing? Chief Wilson said Lieutenant McMullen. David Loving asked what happened? Chief Wilson said he was terminated and he resigned. Chief Wilson said the two new guys have been offered the Firefighter positions, Lee Kidder and Jorge Lara. Jorge Lara lives off Copeland Ave in Everglades City. He is new to the area, is about 28 to 30 years old. Lee Kidder has been around the area forever. Kent Orner asked if they qualify? Chief Wilson said neither one of them are qualified they both have to go to school in January 14, 2003. He secured their positions today for the classes. The Betterment Association is going to pay their tuition fees. So we are good to go with those two hires. This week we will do the Lieutenant testing and hopefully will have a new lieutenant who will also have two-year educational requirement. We have reconsidered may be to do a three year window on it to get the 10 classes he is going to have to have. David Loving asked is there somebody you are moving fi.om inside here? Chief Wilson said we have four candidates that we are going to test this week in front of a panel board of other Chiefs fi.om around the County and if we can come up with a recommendation we will come up with an internal. David Loving asked who he had going for it? Chief Wilson said Caleb Morris, Danny Morris, Robby Mayberry and Josh Grimm. Page 2 1611 STATUS OF THE NEW COMMAND VEHICLE: Chief Wilson said that is the New Expedition that will eventually replace the Suburban on a hand me down list. FEMA paid offfor Tropical Storm Gabrielle we got the checks we ordered the vehicle it should be in any time. As soon as that gets here and it is outfitted then he will move the current Chiefs Vehicle to the Lieutenants. We will be getting rid of that Suburban because it was in salt water. David Loving said it is starting to show now. Chief Wilson said yes just in the repairs. The air conditioning keeps going out, the brakes, the exhaust manifold is warping, the whole underside is rusting. Jack Pennell said once it's in the salt water you've got to get rid of it that's what they say. Chief Wilson said when you lift the floor carpets up you can see the rust coming through. He is not going to get rid of it right a way. Instead he is going to give it to Isles of Capri Fire District to our Fire Inspector. He understands what he is getting into. We provided him with the blazer. He is willing to take the Suburban even though it is potentially going to fall apart. STATUS OF FORESTRY GRANT: Chief Wilson said we submitted the Forestry Grant and were approved for approximately $9,000 we are getting three more portable radios that is what we applied for this year. They have been ordered as well then we will have three more radios to use for the Department or for active volunteers. David Loving asked where Big Bertha was (Brush 60)? Chief Wilson said it is parked at the other Station so it can be parked inside. We just had the body chassis lit~ed up on it and the cab raised up on it where it is smooth and sitting straight the way it is supposed to be. It is all set and ready to go. NEW BUSINESS: Chief Wilson said the final budget was approved as he submitted it. We did get the extra position, which is what we hired. We reduced our budget by $124,000, which made the County Manager happy. We got what we wanted they got what they wanted. Page 3 1611 Kent Orner asked what is the status of the Ochopee Fire Station? Chief Wilson said it is still currently used as a storage facility but as soon as we get these new guys on we will have to reopen that for sleeping arrangements because we don't have enough room to sleep all of them here. But we are still actively pursuing moving that truck to Port of the Islands if and when we can find a place to house it. Kent Orner wanted to know the status out there. Chief Wilson said he meets on the 18th with the CID Board out there. Bob Genung is trying to get something going about buying some kind of place to house the guys and park the truck there even if it was parked outside just to get the presence out there. Kent Orner asked if the offer of the land out there for a Station withdrawn? Chief Wilson said the guy sold out his interest and everything down there after he got the water rights from the Port of the Islands CID Board. Kent Omer said and left everything in limbo. David Loving said that is why you get everything in writing. Chief Wilson said the CID Board was supposed to do that but they took his word for it. Kent Orner asked how are they doing on the Island? He heard they stopped construction over there for a while they are having a problem. Chief Wilson said he had not heard that. Kent Omer said he had heard that they had to get something straightened out with DEP. Chief Wilson said could be they are applying for docks or trying to do separate docks. David Loving asked if they had a certificate of occupancy over there now? Chief Wilson said yes they have certificate of occupancies. There are only one or two homeowners out there and they can't float all those bills. David Loving said they have to pay maintenance. Chief Wilson said they don't have to pay much until they build. Page 4 1611 David Loving said they pay $400 a mouth. He wanted to know how they were being protected. Chief Wilson said we can only protect them by getting on the boat provided by the Club Everglades people. We have equipmeut over there. We are still looking for a boat; we haven't found one for the kind of money we can buy with. Chief Wilson said we have $50,000 committed to impact fees. David Loving asked if they have looked at some fireboats. Chief Wilson said they have looked at a couple of fireboats and manufacturers that build those boats but we keep getting hit with the $68,000 to $100,000 price range. We don't want to do that. David Loving asked if he has picked a place to put it when we do get it? Chief Wilson said the City is supposed to arrange the property swap and we have the money to drive twelve pilings set aside to put a finger dock out there and moor the boat. But there is some kind of land thing going on with the mayor and another homeowner a swap deal that would great more dock space for the City. David Loving said what are you going to do about the fireboat is there anything active going on with that? Chief Wilson just searching we may have to buy a used one. We are actually looking into a used fireboat. There are a couple of them out there for sale. All you have to do is ask for their maintenance records. That is a good thing about buying something like that their maiutenance will be public record. David Loving asked how much exercise does a fireboat get? Chief Wilson said that depends Isles of Capri gets exercised quite regularly. North Naples is kind of a medium exercising event for them. But North Naples is putting their boat up for sale. They wanted to know if we would be iuterested in theirs. I don't know that I want one that goes that deep ofa V. We want to be able to get through some of these shallows. OLD BUSINESS: None was discussed. Page 5 David Loving said the next meeting is the first Monday of next month. Chief Wilson said that will be November 4, 2002. A motion was made and seconded for the meeting to adjourn and was passed. I~ av-)d Loving,'Cha~n~ 'n ~d )istrict Board Ochopee Fire Contro~ visory J Page 6 AGENDA /[611 COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, JANUARY 16, 2003 IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF , AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC 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. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY CLERK 3. ADDENDA TO THE AGENDA 4. APPROVAL OF MINUTES- DECEMBER 19, 2002 5. PLANNING COMMISSION ABSENCES 6. BCC REPORT- RECAPS- NOT AVAILABLE AT THIS TIME 7. CHAIRMAN'S REPORT 8. ADVERTISED PUBLIC HEARINGS Ao VA-2002-AR-3328, Ron Fair, P.E., of AEC Services, Inc., representing Circle K Stores, requesting a 39-foot variance from the required 50-foot front yard setback along Immg.kalee Road, to replace a damaged canopy over existing gas pumps. Setbacks have increased from 25 feet to 50 fee~slnet'tl~ canopy was originally installed 20 years ago, property is located at 10996 Winter View Drive, Four Seas.~u~div~ion, Lot 1, Block A, Section 25, Township 48 South, Range 25 East, Collier County, Florida, e°nslStmt~./~~ (Coordinator: Mike Bosi) 161i B. CU-2002-AR-2836, Craig Smith, for Naples Progressive Gymnastics requesting conditional use 19 and 20 of the "A" Rural Agricultural zoning district for sports instructional schools and camps and sporting and recreational camps per Section 2.2.2.3 for property located at 3275 Pine Ridge Road, in Section 12, Township 49 South, Range 25 East, Collier County, Florida, consisting of 6± acres. (Coordinator: Mike Bosi) 9. OLD BUSINESS 9. NEW BUSINESS: 10. PUBLIC COMMENT ITEM 11. DISCUSSION OF ADDENDA 12. ADJOURN Ol/16/03/CCPC AGENDA/SM/sp December 19, 2002 1611 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, December 19, 2002 LET IT BE REMEMBERED, that the Collier County Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 8:30AM in REGULAR SESSION in Building "F of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Kenneth Abernathy Mark Strain David Wolfley Lora Jean Young Lindy Adelstein Paul Midney Russell Budd Dwight Richardson (Excused) ALSO PRESENT: Joe Schmitt, Community Dev. & Environmental Serv. Ray Bellows, Chief Planner, Planning Serv. Dept. Kay Deselem, Principal Planner, Planning Services Marjorie Student, Assistant, Attorney Don Schneider, Principal Planner, Planning Serv. Dept. Greg Garcia, Transportation Cormac Giblin, Housing Development !. The meeting was called to order by Chairman Abernathy at 8:35 AM. December 19, 2002 Pledge of Allegiance was recited. 2. Roll Call was taken - a quorum was established. 3. Addenda to the Agenda - Items 8C and 8E continue to January 2na, 2003 meeting. Russell Budd moved to continue Items 8C and 8E to the January 2na, 2003 meeting. Seconded Lora Jean Young. Carried unanimously 7-0. Mr. Strain has a conflict with 8D and will not participate in voting. He submitted the Memorandum of Voting Conflict for County, Municipal and other Local Public Officers. The petitioner asked for Item 8B to be continued for the January 2nd meeting. Mr. Budd moved to continue Item 8B to the January 2na meeting. Seconded, carded unanimously 7-0. Approval of Minutes - November 21, 2002 - Mr. Adelstein moved to approve the minutes of November 21, 2002. Seconded Mr. Budd. Carried unanimously 7-0. Absences - January 2, 2003 - None. BCC Report-Recaps-December 3, 2002 - Mr. Bellows reported Variance VA-02AR-2705 - Windstar was approved. PUD Amendment for Pelican Marsh was approved for the change in square footage. Founders Plaza was approved. Conditional Use for the Immokalee Library approved. 7. Chairman's Report - None Advertised Public Hearings: A. VA-2002-AR-3198 - Beau Keene, P. E., of Keene Engineering, Representing TEC Builders and Lara Henry, requesting a 17.9 foot variance from required 75 foot front yard setback to 66 feet for property at 4045 33rd Ave., NE consisting of 1.3 acres. Disclosures - none. Those testifying were sworn in by Mr. Abernathy. The applicant is requesting a 17.9 foot variance from the 75 foot front yard setback as required in the "E" Estates Zoning District. The petitioner is proposing a 57.1 foot front yard setback from the NE 33rd Avenue. There is an LDC Amendment pending with a hearing on January 8th that will resolve the situation for this type of lot. The petitioner decided to go forward with his variance. Staff is recommending approval. Petitioner - Beau Keene, Keene Engineering - stated they have reviewed the conditions for approval with no objections. He will also register today as a lobbyist with Dwight Brocks office. 2 December 19, 2002 Speakers - None The hearing is closed for discussion and motion. Mr. Budd moved to forward Petition VA-2002-AR-3198 to the Board of Zoning Appeals with the recommendation of approval including the conditions stipulated by staff. Seconded Mr. Wolfley. Carried unanimously 7-0 Mr. Strain left at 8:45AM. D. PUDZ-2002-AR-2965- Kenneth Griffith of Johnson Engineering Inc. representing Habitat for Humanity of Collier County requesting a rezoning from "A" Agricultural to Charles Estates PUD to allow a 26 lot, single-family subdivision that will be designated for very low income housing units and consideration and approval for an Affordable Housing Density Bonus agreement authorizing the developer to utilize the units in the development of the singles family units for low income residents. The subject property is located on the Southwest side of Tamiami Trail East. Disclosures - None 8:50 AM Recessed to contact Petitioner. 9:08 AM Reconvened All those testifying were sworn in by Mr. Abemathy. Mr. Abemathy noted getting information from Transportation a few minutes before a petition is very frustrating and feels staff should be able to anticipate in advance of the meeting or hold it over until everyone is prepared. Kay Deselem-Principal Planning - the project is seeking a rezone from PUD from Agricultural for a total of 28 acres. An aerial was shown of the site. The original PUD was rezoned in 2000 - affordable housing unit - for 100 units. The total project will have 124 units. The staff report includes the strike through and new PUD Document. The 2 page report from Transportation given earlier is already in the PUD Document - it contained two last minutes changes that needed to be added. The revised set of Documents was given. Staff is recommending approval with conditions being met. Greg Garcia - Transportation Planning - last minutes discussions included sidewalks in which the petitioner has agreed to put in an 8 foot shared use path from entryway to entryway. The developer will also provide 5 foot sidewalks on both sides of the road. PETITIONER - Kenneth Griffith - Land Use Planner with Johnson Engineering - he states he will register as a lobbyist. Mr. Griffith apologized concerning he last minutes changes and is in agreement with staff. They are adding 8 acres and overall number of units is 24. He stated Collier County has a shortage of 16-19,000 affordable housing units and this project helps the County in attaining some of their goals. In the year 2010 there is an indication of approx. 25,000 unit shortages. Decemberlg, 2002 1 6 I Darren Wymer - Johnson Engineering - stated he will register as a lobbyist. Mr. Abernathy asked about the elevation levels. Mr. Wymer answered they are raising the finished floors to 8 1/2. There will be fill on 28 acres. Discussion followed on the particular area. There will be a berm around the property and issues concerning water will be addressed by the petitioner. Mr. Adelstein asked about the accessory structures being sheds or portable sheds. There will be no garages with the homes. Habitat for Humanity Homes is not designed for garages. Mr. Adelstein has a problem of parking. Without garages and appropriate space he is afraid vehicles will be parked on the streets. An accessory structure could be a detached garage and could be built if the setbacks were met in the PUD Document. Discussion followed on the setbacks outlined and the issue of garages. The PUD authorizes that kind of structure only. Cormac Giblin - Housing Development Manager for Collier County - he also stated Homes for Humanity do not build garages, and is viewed as a luxury item to the home sand would rather add another bedroom than a garage. Other homes show a storage shed in thc back of the home. As part of these units (one model homes) a storage space will be provided. These homes are built on a mass scale, identical and with volunteer help. A family of 4 for the standards of housing is: 1) Very, very low income- 35% of median - $22,750 or less 2) Very low income- 50% of median - $32,500 or less 3) Low income- 60% - $39,000 or less Ownership breaks are based on 80%-50% and 35%. Will sell for typically $55,000. Newer models can be viewed at Victoria Falls with an attached shed. The newer homes are built with wider driveways for cars parked side by side. The concerns are with more than one family living in the three bedroom unit and several cars that need parking. They are built as single family units and comply with all County codes relating to unrelated persons living in the homes. Ray Bellows stated the Land Development Code defines a family unit and how many families are allowed in a single family unit. A single family housing arrangement can be enforced but difficult. Speakers - James A. Hanley - Resident of West Winds located across the street from the project. Some concerns are: A light at the intersection on Highway 41. Children's safety in crossing Hwy 41 Plans for park & recreation areas (playground) - Keeping equipment under carports etc. - Driveways being wide enough for parking of cars and not on the streets - Keeping areas neat and clean (neat community) - Drainage - canal to 41 - concern of flooding in summer Mr. Griffith addressed the issues of concern: Will have an area for a playground Crossing the street he felt was a parenting issue - Driveways- will accommodate 3-4 cars - Drainage - will be no problem 4 December 19, 2002 1611 Greg Garcia - Transportation - right turn lanes will be constructed as part of the project into the site at both entrances. May have modifications on stripping. There are areas identified as recreation and common areas being sufficient for activities. Joe Schmitt stated the neighborhood would be no different than any other in complying with current Land Development Code stipulations. Public Hearing is closed for discussion and motion. Mr. Budd moved to forward the PUDZ-2002-AR-2965 to the Board of County Commissioners with a recommendation of approval including the revised landscape requirements and the traffic modifications given to the Commissioners earlier. Seconded by Mr. Wolfley. Mr. Adelstein still has concerns of parking and wondered if they could be assured a parking problem will not exist. Mr. Schmitt stated they have no statutory position to demand anything but what is stipulated in a single family home. The County has parking restrictions for appropriate parking and is enforcing it throughout the County. After some discussion the question was called. Carried unanimously - 6-0. Mr. Budd moved to forward to the Board of County Commissioners approval of the Affordable Housing Density Bonus units set forth in the PUD Document. Seconded Mr. Wolfley. Carried 6-0. 9. Old Business - None 10. New Business - None 11. Public Comments - None 12. iscussion of Addenda - None 13. Adjourn - Being no further business before the Commission, the meeting adjourned at 12:10 PM. COLLIER COUNTY PLANNING COMMISSION KENNETH ABERNATHY, CHAIRMAN ,~iala ,----~~ iqalas ,4ennin~ Coyte .~.~C~O~ LLIER COUNTY AIRPORT AUTHORITY coletta ~ AGENDA 1 6 DATE: PLACE: TIME: January 13, 2003 Marco Island Executive Airport, 2003 Mainsail Drive, Conference Room, Naples, FL 1:00pm II. III. IV. Any person who decides to appeal a decision of this Airport Authority will need a record of the proceedings pertaining thereto and will need to ensure that a verbatim record of the proceedings is made, which record will include all testimony and evidence upon which the appeal is to be based. Call meeting to Order and Quorum Check Approval of Agenda Consent Agenda A. Minutes for December 9, 2002 Meeting B. Monthly Financial, November 2002 Statement C. Supplemental Grant from the Florida Department of Transportation Administrative VI. VII. A. EDC Marketing Proposal B. Purchase of Mangrove Acreage to Requirement for Marco Taxiway C. Immokalee Bulk Storage Hangar Lease D. Immokalee Manufacturing Incubator Update Satisfy Mitigation Review Committee Old Business New Business Adjournment IViisc. Col res Date: ~ Copies 1o: Fiala _ Halas _ Henning Coyle _ Coletta COLLIER COUNTY AIRPORT AUTHORITY MINUTES OF DECEMBER 9, 20021 MEMBERS Monte Lazarus Bill West Robin Doyle PRESENT: Raymond Rewis Gene Schmidt ABSENT: Dennis Vasey STAFF: Bob Tweedie Thomas Palmer Bob Titus PUBLIC: Larry Fox Larry Harman Bill Griffith Luc Carriere Steve Price Gail Hambright Tammie Nemecek I. MEETING CALLED TO ORDER AND QUORUM CHECK Meeting called to order at 1:05p.m. and quorum was present. II. APPROVAL OF AGENDA Additions to agenda: IV-E Marco Airport Parking Lot Project Mr. Schmidt moved for approval of Agenda with changes. Mr. Price seconded the motion. Motion passed unanimously. APPROVAL OF CONSENT AGENDA Approved: Minutes for November 18, 2002; Monthly Financial, August 2002 Statement; 4th Quarter Report; Quality Control Builders, Inc. 4th Option Year Mr. Schmidt moved to approve the Consent Agenda. Mr. Price seconded the motion. Motion passed unanimously. IV. ADMINISTRATIVE A. Immokalee Incubator Lease Discussion was held and Mr. Fox was available to answer any questions. Recommendation: Assign a committee to work with E~ctcg~al~tigate the current and future status of the Immokalee Incubator Program. ! D~~ The Chairman requested that Mr. West work with EDC regarding the Immokalee Incubator Program. Mr. West Accepted. i[c:rri~ ] ~ [ COpies Collier County Airport Authority Minutes December 9, 2002 Page 2 Mr. Schmidt moved for approval of recommendation. Mr. Doyle seconded the motion. Motion passed 6-0. B. Marco Parking Fees Discussion was held. Recommendation: That the Authority modify the Marco Island Executive Airport Rate Schedule to waive ramp fees for all aircraft that purchase any amount of fuel - one day waived; jets and turbo-props that purchase 500-999 gallons - three days waived; jets and turbo-props that purchase 1,000 gallons and up - five days waived. Mr. Price moved for approval of recommendation. Mr. Schmidt seconded the motion. Motion passed 6-0. C. Hole Montes, Inc. work Order- F.A.A. Project Discussion was held Recommendation: That the Board authorize the Chairman to execute Work Order's CCAA-02-03 and CCAA- 02-04 with Hole Montes, Inc. subject to FAA and FDOT approval. Mr. Price moved for approval of recommendation. Mr. West seconded the motion. Mr. Doyle abstained. Motion passed 5-0. D. Hole Montes, Inc. Work Order - Marco Taxiway Discussion was held. Recommendation: That the Board approve Work Order CCAA-02-06 with Hole Montes, Inc. Mr. West moved for approval of recommendation. Mr. Schmidt seconded the motion. Mr. Doyle abstained. Motion passed 5-0. E. Budget Committee Assignment The Chairman reconstituted Mr. West, Mr. Doyle and Mr. Vasey on the Budget Committee. Collier County Airport Authority Minutes December 9, 2002 Page 3 1611 VII. F. Marco Island Parking Lot Project Discussion was held. Recommendation: That the Board accept the above listed quotes in order for staff to requisition purchase orders and move forward with the project. Mr. Schmidt moved for approval of recommendation. Mr. Price seconded the motion. Mr. Doyle abstained. Motion passed 5-0. OLD BUSINESS NEW BUSINESS A. Future of the Airport Authority Discussion was held regarding the future of the Airport Authority. ADJOURNMENT Meeting adjourned at 2:30p.m. PARKS AND RE(;REATION ADVISOR~? BOARI) Agenda for ,lanuary 15, 2003 PI~A(T: IN TItE NEXV YEAR 161i I. (;AI,L '10 ORDER II. PIA~:I)(;E OF AI.I,li:(;IAN(~i!: I0 ]'lie FI,A(; !11. INVOCATION IV. APPROVAI~ OF MINUTES V. AXX'ARI) - lo be delermined 1/10/03 VI. NEW BIYSINESS A. XX'elcome Next. Members (will be al)pointed by BCC 1/14/03) Eleclion of Chairl}erson, Vice-Chairperson B. Boat I~aunch and Beach Access Report C. Inlerlocal Agreemcnl Beach Access D. Collier (~ounty Public School i,and Swap E. XX orkshop - S u nsh in c Law/l.] th ics/Pu blic Record s/E x- Pa ri e Issues tk}r all advisory hoards VII. O1,1) BIiSINESS \"111. SPECIFIC I!PDATES - (no inserts) A. IAvingslon Woods B. North Naples Regional Park (7. (;olden (;ate (:oninlunily Center IX. REPORTS/I]PDATES A. Monlhly Report- no insert B. B(X' Recap (;. Special Even! Calendar D. Parks Iii}dale-- no insert E. Recrealion I;pdale- no insert F. Adopl A Park - needs ne~' meinbers added MEEI'IN(; SCtlEDI~I,E M EM BI.R/A I)I)RESS I,IS]' - needs new members added Misc. Corres: MINUTES PARKS AND RECREATION ADVISORY BOARD MEETING Golden Gate Community Center December 18, 2002 Present: Absent: Staff: Others: John Ribes, Vice Chairman Frank Donohue Chuck McMahon John MacDougall Mary Ellen Rand Lindy D;Amico Maria Ramsey, Director Joe Delate, Sr. Project Manager Steve Whittier, Recreation Manager John Veit, Parks Manager James Fitzek, Operations Manager Murdo Smith, Beach and Water Superintendent Ronald Brown Steve Perkins Ski Olesky II. III. IV. V. Changes to the Agenda: New Business Additions: Call to Order by John Ribes, Vice-Chairman Pledge to Flag Invocation by John MacDougall Approval of Minutes - Minutes of last meeting approved Awards: Clint Perryman, Project Manager VI. New Business A. PARAB Applicants - James J. Hennink's application added. C. TDC Application D. Vanderbilt Beach Concessionaire Letter A. PARAB Applicants 1611 The Immokalee position is currently vacant and two urban positions, held by Lindy D;Amico and Frank Donohue, will be available on the 31 ~t of December. There is one application for the Immokalee position and Frank Donohue made a MOTION: To recommend Ski Olesky as representative from the Immokalee District. John MacDougall seconded the motion, which was then approved. Applicants for the two Urban positions need to be ranked; applicants with the two highest scores will be recommended to the BCC for approval. Mr. Ronald Brown and Mr. Steve Perkins each spoke to PARAB members, giving a brief account of their background and what they would like to see the Department accomplish in the future. PARAB members Frank Donohue and Lindy D'Amico wish to be considered for reappointment. James Hennink's application was reviewed - he was not present at the meeting. Ranking of the applicants took place - scored 1 to 5 with 5 being the highest. The results were as follows: Lindy D'Amico, Frank Donohue, Ron Brown, Steve Perkins, and James Hennink. MOTION by Charles McMahon: Recommend to BCC that applicants be considered as ranked. Seconded by Mary Ellen Rand. Approved 4-0. Frank Donohue abstained fi.om voting. B. Eagle Lakes Community Park, Phase II Phase I of the Eagle Lakes Community Park was completed approximately three years ago. The plan for Phase II was shown; this phase includes a water play area, 2 tennis courts, picnic shelters, and construction ora maintenance facility. C. TDC Application - South Marco Beach Access Gates Gates at the South Marco Beach Access parking lot are being requested to help control off-hour parking and vandalism occurring at this location. Since the construction of the restroom facility, teens are using this area as a base for their activities leading to off-hour parking, underage drinking, etc. The surrounding area consists of private property and complaints have been received fi.om the neighbors. The proposed gates - one for entrance and one for exit - provide the opportunity to leave the parking lot but not to enter after hours. The Department has no money in the budget and stand a 50/50 chance of receiving the necessary $16,000 fi.om TDC. 2 i611 VII. VIII. M~ry Ellen Rand made MOTION: To recommend that the Department goes before TDC with application for funds to purchase and install this gate. Motion seconded by John MacDougall. Motion approved. D. Letter from Anonymous Person regarding Vanderbilt Beach. The main concern of this person is that his/her view is being obstructed as well as the view of the beach for safety reasons as there are no lifeguards at this location. There is a RFP in process for a concessionaire at this location and negotiations will be starting soon. Rental of cabanas and umbrellas is allowed. OLD BUSINESS - none SPECIFIC UPDATES Ae Grants - The Task Force awarded $593,000 to build the addition on the community center at East Naples Community Park over the course of three Community Development Building Grant program years. $84,000 will be awarded the first year to cover design and permitting, with $255,000 each of the following two years to fund construction. Parks and Recreation will provide a match of $231,000 in cash and $11,000 in land value. Senior Connections is promising $50,000 in donations. Construction will begin September 2004 and should be completed by September 2005. North Naples Regional Park- A new building design displayed. The dollar figure provided by Kraft Construction was too high; the Department is looking for options to save money but still have reputable buildings that will last. Curvatures are expensive but the County does not desire big overboxed type of buildings. The present budget is approximately $39,500,000, down from $53, and the goal is to get as close to $35 million as possible. The roofs of the buildings look like shingles but are actually metal and will last longer. C. Golden Gate Community Center The site has been cleared, most of grading completed, the sidewalk poured, Lucerne Road removed, site fenced, and the building permit is in the system. The permit will probably not be received until the end of January or first of February. The water line is being replaced at a cost of $13,000. The Contractor will soon be running out of work unless the building permit is received. There is apparently an abandoned drain field in back of this building which may necessitate the moving of the new building. It is cheaper to move the building - instead of compacting the soil of the drain field. There are a lot of existing rocks that need to be removed that the Department does not plan to pay for. That will be the contractor's responsibility - currently, the rocks are being given away to anyone that wishes them. Ae Fe De REPORTS/UPDATES Monthly Report - Citation revenue is from parking tickets issued by the Park Rangers. BCC Recap Special Event Calendar There were approximately 11,000 people who attended Snowfest this year, making it one of the largest turnouts for this evem. Christmas Around World in Immokalee - the heavy, all-day rain stopped 10 minutes before the gates opened and the event was held. Viva Naples will be held January 25th at Vineyards Community Park. Parks Up-Date Joe passed out before and after pictures of Gulf Shore Beach Access. He then made commems on each of the items listed in the parks up-date list. Recreation Up-Date Holiday Camps are upcoming, then back to normal scheduling. School sites are all set and secured for summer camp; registration will be held earlier this year. Adopt A Park John Ribes felt "his" three parks are always in good condition. (The canoe launch area belongs to Pelican Bay and County cannot develop it.) Max Hasse Park - maintenance of park is excellem. The two playgrounds are for different age groups. Golden Gate Community Center - the signage here does not reflect a park ambience. Due to the sign codes the marquee cannot be moved. Suggestions for making the County facility area here more unified were discussed. X. Meeting Schedule Next meeting will be January 15th at Immokalee Community Park. Meeting adjourned at 4:25 pm. Collier County GOvernment, Communication and Customer Relations 3301 East. Tam/ami Trail Naples, FL 34112 239-774-8999 Jan. 9,2003 Fiala ------- /~" -- Halas ~// -- Henning~ Coyle ~ Coletta Contact: Lavah Hetzel, Specialist Communication and Customer Relations 774-8373 FOR IMMEDI,.ATE RELE,ASE IMMOKALEE LOCAL REDEVELOPMENT ADVISORY BOARD REGULAR MEETING Wednesday, January 22, 9 a.m. Habitat for Humanity 640 N. Ninth Street, Immokalee 1. Roll Call 2. Adoption of Agenda 3. Adoption of Minutes Announcements Old Business a. 5~ Street drainage project b. Open forum on development projects in Immokalee c. Immokalee LDC Study-White Paper d. Ernest Freeman Project Update e, Streetlights Update New Business a. Demographics c, Business incentive Study Gitizen Oamme~ts Adjournment Note; All meetings are publicly noticed in the W. Harmon Turner Building (Administration Building F), on the CRA webslte and at other locations as recommended by the advisory board. Please call Aaron Blair, Urban Design Planner, at 403-2300 If you have any ,.' questions about the meeting. In accordance with the Americans with Disabilities Act, persons needing assistance to path'c/pate in any of these proceedings should contact Aaron Blair at/east 48 hours prior to the meeting. Fiala ~/ ,// Halas , Henningg' 1) Coyle · Coletta Radio Ro/ia ~n M.S.T.U. Advisory Committee 2705 Horseshoe Drive South Naples FL 34104 1614 AGENDA II. III. VIII. IX. X. CALL MEETING TO ORDER: ATTENDANCE: APPROVAL OF MINUTES: December 17, 2002 TRANSPORTATION SERVICES REPORT: A. Budget Report 1. Accounting of $25,000 2, Investment Interest Rate LANDSCAPE MAINTENANCE REPORT: A. Monthly Report COMMITTEE MEMBERS REPORT: OLD BUSINESS: A. Code Enforcement Update B. Livingston Road Update and Newsletter C. Curbing NEW BUSINESS PUBLIC COMMENTS: ADJOURNMENT: The next meeting will be held at 4:30 PM, February 18a', 2002 Collier County Dept. of Transportation Road Maintenad6~Oflt~$: 2685 South Horseshoe, Suite 212, Naples, FL 34104 ~,~'°' .... ~d_O Radio Road Beautification M.S.T.U. Advisory Committee 2705 Horseshoe Drive South Naples FL 34104 Min#tes of II. ember 17~ 200~ SUMMARY OF RECOMMENDATIONS AND MOTIONS III. Approval of Minutes: Dale Lewis moved to approve the minutes of November 19, 2002. Seconded by Susan Saum. Camed 4-1 with Bill abstaining. Old Business: Code Enforcement Update - Crystal asked about the large trees being cut down on Devonshire on the Santa Barbara end. Bob Petersen said it could have been MR. Higgs removing the exotics due to the Code Enforcement. Crystal felt it was ridiculous and has created an "ugly eyesore" for all residents of Berkshire Lakes. Crystal asked about the concrete barricades on the connecting road from Devonshire into the Publix PlaTo on the Santa Barbara end. She hopes it is taken care of in January. Bob Petersen will report back to the Committee. Meeting Update Concerning Livingston Road - The Committee will be put on a list of notifications for upcoming meetings. Curbing of Radio Road was discussed. Radio Road Beautification M.S.T.U. Advisory Committee 2685 Horseshoe Drive South Naples FL 34104 December 17, 2002 I. Crystal Kinzel called the meeting to order at 4:30 PM. Members: Crystal Kinzel, Dale Lewis, Susan Saum, Helen Carella, Bill Jaeger Collier County: Bob Petersem, Val Prince Others: Robert Kindelan-CLM, Sue Chapin-Manpower Services APPROVAL OF MINUTES: Dale Lewis moved to approve the minutes of November 19, 2002. Seconded by Susan Saum. Carried 4-1 with Bill abstaining. TRANSPORTATION SERVICgS REPORT: A. Budget-Val handed out the Budget. He noted this is corrected as there were errors in the last one. He covered the Revenues and Expenses. He noted there is a line item added under Legal Advertisement. 1. Accounting of $25,000 - Mr. Etalmaki suggested the committee request the information from Mr. Smykowski. Crystal will get the information. 2. Investmem Interest Rate - Val will get the figure for the next meeting. LANDSCAPE MAINTENANCE RgPORT: A. Monthly Report - Robert reposed an imgation leak in the location of Gulf Coast Landscape was repaired. It was suggested a possibility of putting pavers on the tips. Bob Petersen will get estimates and brick colors for the January meeting. COMMITTEE MEMBERS REPORT: OLD BUSINESS: A. Code Enfortement Update-Crystal asked who cut the large trees down on Devonshire on the Santa Barbara end. Bob Petersen stated it could have been Mr. Higgs removing the exotics and Ear-leaf Acacia trees which Code Enforcemem is enforcing. Crystal felt it was ridiculous, ~ha~_ green foliage was cut down and now there is nothing. The result isn't attractive. Bob stated again that the Ear-leaf Acacia trees need to be removed and hopefully will be replaced with live oak trees or another species. Crystal is very concerned about the landscaping and the code as it has created an "ugly eyesore" for all the residents in Be~shire Lakes. Crystal asked bout the concrete barricades on the connecting road from Devonshire into the Publix Plaza on the Santa Barbara end. BOb reported Publix has sometime in January to get the issues addressed, ff nothing is done, they will go before Code Enforcement. Crystal is very concerned about the barricades and hope they are taken care of in January. Bob was asked to report back on follow up. Val reported Robert has a monthly unit cost separated out for Devonshire. Robert wanted the committee to know there are Christmas lights in the shrubbery and will not be Irimmed until the lights are removed. This is a slow growth season for the shrubs, so they should not cause a problem. B. Meeting Update Concerning Livingston Road - Bob Petersen requested the 1611 Committee is put on a list of the notifications for updated meetings. He thought it was to be scheduled in January.. Bill Jaeger asked about the curbing. Bob Petersen said there has to be curbing to have irrigation because of the placement of the heads. Robert stated on a weekly basis he replaces hundreds or more heads due to vehicles running over them due to "no" curbing. Curbing reduces the mount of traffic running up on the medians. The original design was not curbed due to pending widening projects. Bill felt the turf situation needs to be addressed. Bob stated with the soil used, design of the medians and irrigation maintenance the problems should be minimal. Bob will ask in the furore about 6 laning Radio Road - if so, curbing could be approved or further discussion can be held. NEW BUSINESS - None PUBLIC COMMENTS - None ADJOURNMENT - Dale moved to adjourn. Helen Seconded. Meeting was adjourned at 4:50 PM. The next meeting will be held at 4:30 PM, January 21~ 2003 Collier County Dept. of Transportation Road Maintenance Office 2685 South Horseshoe Drive~ Suite 212 Naples, FL 34104 2 1611 z~-~l:°~w ',. ~ < z<~: IIwll ~W II~H IJZH ~0 3 ww fill ~w ~8 OIJJ 0000000 ddddddd ~ ~ Fiala ' Halas Henning Coyle Coletta .... ~_/' 2. 3. 4. 5. 8. 9. 10. 11. 12. Meeting called to order Roll Call Minutes of meeting of December 19, 2002 Landscape Maintenance Report Landscape Architect's Report - Mike McGee A. Progress report on renovation Transportation Landscape Services Report - Val Prince, Robert Petersen A. Current budget B. Expenditure for services - follow up C. Budget Amendment to BCC to move Reserves D. Loan to complete project E. Follow up regarding damage @ U.S. 41 entrance Housekeeping items Committee Members' Reports Old Business New Business Public Comments Adjoumment 1611 Lely Golf Estates Beau , a 'on Ado ory Comm,'ttee of Dec mber 19, 2002 SUMMARY OF MOTIONS & RECOMMENDATIONS 4. MINUTES OF NOVEMBER 21, 2002: It was noted that Bill Edckson was absent. Bill Erickson moved to accept the minutes as amended; seconded by Bob Cole and carded unanimously. 5. TRANSPORTATION ROAD MAINTENANCE REPORT There was a lengthy discussion regarding an expenditure code 911010 for services provided by the Transportation Department. This was also discussed dudng the pdor two meetings. The charge is $25,000, an increase of 141%. Mr. Slebodnik distributed copies of his e-mail correspondence with Mike Etelamaki, Transportation Director. Mr. Etelamaki apparently requested the information from Sharon Newman, a budget analyst but she was either unable or unwilling to provide it. Mr. Etelamaki was unable to attend today's meeting but suggested corresponding directly with the Budget Director, Mike Smykowski, which Mr. Siebodnik will do and may copy Norman Feder, Transportation Administrator. 6. LANDSCAPE ARCHITECT'S REPORT Ao Bob Slebodnik met with Mike McGee to review the irrigation system. Mr. McGee provided copies of the Landscape and Irrigation Master Renovation Plan. This was discussed at length. In summary, the sod in all the medians except #1 and 2 will be removed, Dwarf Bougainvillea will be used to fill in, the iidope will be replaced by Juniper Parsoni. The existing porous pipe system will be used until the Bougainvillea is established. Mr. McGee hopes that the current 1" valves can be used but cautioned that if additional pressure is needed, then 1 ~" valves or a booster pump may be needed; additional heads and some jack and bore work will also be required depending on the valves used. Pulling the wiring through the casings may also present a problem depending on the space available. Mr. McGee recommended a two-wire system. These additional items would cost an additional $3,000 - $3,500. There are enough funds in the current budget to do Pebble Beach Boulevard and Forest Hills. A budget amendment will be needed to move the funds from Reserve to Operating, which will be submitted for approval at the January 28t~ Board of County Commissioners' Meeting. The remainder of the project can be funded as a loan that will be repaid over the next two years. Bob Cole made a motion requesting a budget amendment to move the funds in Reserve to Operating and to request from the Board of County Commissioners a sufficient advance to proceed with the project, which will be repaid over the next two years; seconded by Bill Edckson and carried unanimously. Bob Cole moved to proceed with renovation project as outlined and discussed, beginning with Pebble Beach Boulevard, including a directional bore to median #.3 to bdng the system on line with effluent; and continuing the project on St. Andrews Boulevard and Forest Hills Boulevard as funding becomes available; Bob Slebodnik requested the motion be amended to include the side of the roadway at the U.S. 41 East/St. Andrews entrance. Bob Cote agreed to amend the motion; the motion was seconded by Bill Erickson and carried unanimously. Lely Golf Es tes Ado ory Committee Mee g of D emb r 19, 2002 1611 m Meeting Called to Order at 4:05 pm. Location: Transportation Road Maintenance Conference Room. Attendance Taken: Present - Robert Cole, Bill Erickson, and Bob Slebodnik, members; Bob Petersen and Val Pdnce, Transportation Road Maintenance; Robert Kindelan, Commercial Land Maintenance; Mike McGee, McGee & Associates. Jacqueline Silano, recording secretary. Excused absence: Ron Torp. Guest: Tony Branco. MINUTES OF NOVEMBER 21, 2002: It was noted that Bill Edckson was absent. Bill Edckson moved to accept the minutes as amended; seconded by Bob Cole and carried unanimously. TRANSPORTATION ROAD MAINTENANCE REPORT There was a lengthy discussion regarding an expenditure code 911010 for services provided by the Transportation Department. This was also discussed dudng the prior two meetings. The charge is $25,000, an increase of 141%, Mr. Slebodnik distributed copies of his e-mail correspondence with Mike Etelamaki, Transportation Director. Mr. Etelamaki apparently requested the information from Sharon Newman, a budget analyst but she was either unable or unwilling to provide it. Mr. Etelamaki was unable to attend today's meeting but suggested corresponding directly with the Budget Director, Mike Smykowski, which Mr. Slebodnik will do and may copy Norman Feder, Transportation Administrator. B. Val Pdnce distributed copies of the current budget statements, which were reviewed. LANDSCAPE ARCHITECT'S REPORT Bob Slebodnik met with Mike McGee to review the irrigation system. Mr. McGee provided copies of the Landscape and Irrigation Master Renovation Plan. This was discussed at length. In summary, the sod in all the medians except #1 and 2 will be removed, Dwarf Bougainvillea will be used to fill in, the liriope will be replaced by Juniper Parsoni. The existing porous pipe system will be used until the Bougainvillea is established. Mr. McGee hopes that the current 1" valves can be used but cautioned that if additional pressure is needed, then 1%" valves or a booster pump may be needed; additional heads and some jack and bore work will also be required depending on the valves used. Pulling the wiring through the casings may also present a problem depending on the space available. Mr. McGee recommended a two-wire system. These additional items would cost an additional $3,000 - $3,500. There are enough funds in the current budget to do Pebble Beach Boulevard and Forest Hills. A budget amendment will be needed to move the funds from Reserve to Operating, which will be submitted for approval at the January 28th Board of County Commissioners' Meeting. The remainder of the project can be funded as a loan that will be repaid over the next two years. Bob Cole made a motion requesting a budget amendment to move the funds in Reserve Operating and to request from the Board of County Commissioners a sufficient advance to proceed with the project, which will be repaid over the next two years; seconded by Bill Erickson and carried unanimously. Bob Cole moved to proceed with renovation project as outlined and discussed, beginning with Pebble Beach Boulevard, including a directional bore to median #3 to bdng the system on line with effluent; and continuing the project on St. Andrews Boulevard and Forest Hills Boulevard as funding becomes available; Bob Slebodnik requested the motion be amended to include the side of the roadway at the U.S. 41 East/St. Andrews entrance. Bob Cole agreed to amend the motion; the motion was seconded by Bill Edckson and carried unanimously. Val Pdnce advised that the damage done to the U.S. 41 entrance was due to the Wilson Miller construction project. Even though the project is closed, according to FDOT the parties responsible should correct the damage to the irrigation, sod and drainage. Copies of Val Prince's e-mail correspondence were distributed. Bob Petersen recommended pursuing this issue through the state landscape architect. LANDSCAPE MAINTENANCE REPORT A. Mr. Kindelan advised that they would be mulching St. Andrews and Fort Hills Boulevards. The liriope will be replaced with juniper in medians 6, 7 & 8. Copies of the estimate from Commercial Land Maintenance, Inc. for labor and materials to renovate medians #14 ~ 19 were distributed. The estimate is $17,193.29. Mr. Kindelan assured the group that the quote was conservative. COMMITTEE REPORTS - none. OLD BUSINESS - none. As there was no further business to discuss, the meeting was adjourned at 5:15 p.m. The next scheduled meeting will be held on Thursday, January 16th (~ 4:00 p.m. at the Transportation Road Maintenence conference room on South Horseshoe Drive. Halas ~ Hen.nin0~~._.Workforce Housing Advisory Committee Co¥~e co~efta Meeting of January 14th, 2003 1611 1. Roll Call 2. Approval of past minutes 3. Discussion of "tool box" alternatives a. Linkage fees b. Inclusionary Zoning c. Using earned interest from impact fees or general fund d. Impact fees i. New fees ii. Waiver of old iii. Create tiered system e. Private foundation to manage fees generated f. Property tax deferrals g. Real estate transfer tax h. Ad valorem possibilities Incentives? a. Density b. Infill c. Defer impact fees d. Permitting e. Mixed use zoning f. Infrastructure g. Mass Transit 5. Format of workshop on January 29th. FOREST LAKES / 1611 ADVISORY COMMITTEE 2705 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 SUMMARY MINUTES OF DECEMBER 13~ 2002 Ve Old Business: A. Update on Proposed Study - Julio Ordonez, Senior Design Engineer- Transportation was introduced. He explained the Committee is focusing on the solution and not the problem. They did a "quick fix" on four problem areas this summer. A lengthy discussion followed on the drainage problems they have been having for some time. The Committee feels there are problems with the Gordon River that is affecting their drainage issues. Julio reminded the Committee a study is needed to identify the problems. Craig Pager - Engineer for Wilson Miller was introduced and gave a presentation of a "Three Phase Approach" along with a "Drainage and Roadway Master Plan," A lengthy discussion followed on his presentation and plan. The estimate from Wilson Miller was $150,000. Roger Somerville moved to approve the minutes of November 22, 2002 with Bill Seabury's remarks. Seconded Bob Cunningham. Carried unanimously 4-0. New Business: A. Meeting Dates - The Committee will go back to their schedule of more frequent meetings. Public Comments: Several residents were in attendance and spoke to the drainage problems they are experiencing. Co~., ,,s FOREST LAKES I,IOA I)~VA Y ~XNI) I)I,L:XINA(;E M.S.'I'.! '. ADVISORY COMMITTEE 2705 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 January, 24~ 2003 I. CALL MEETING TO ORDER II. ATTENDANCE III. IV. APPROVAL OF MINUTES: December 13, 2002 TRANSPORTATION SERVICES REPORT A. Budget- modification on reporting 1. Details Vm VI. OLD BUSINESS A. Update on Proposed Study B. Traffic Calming C. Speed Bump D. Sprint Plans for Landscaping at Entrance NEW BUSINESS VII. PUBLIC COMMENTS VIII. ADJOURNMENT The next meeting will be held at 10:00 AM Friday, February 14, 2003 AT THE FOREST LAKES CLUBHOUSE FOREST LAKES MEETING SCHEDULE January through May 2003 All meetings will be on Fridays, every $ weeks at 10:00 AM unless otherwise specified. January 24, 2003 February 14, 2003 March 7, 2003 March 28, 2003 April 18, 2003 May 9, 2003 May 30, 200;3 1-1003 Forest Lakes MSTU Drainage and Roadway Master Plan Three Phase Approach Phase 1 - Inventory existing conditions and Phase I Improvements 1. Obtain existing records of drainage and roadway design 2. Evaluate existing conditions 3. Prepare roadway inventory 4. Obtain roadway core borings 5. Prepare engineering design drawings for immediate solutions (Phase 1 Improvements) Phase 2 - Survey and Aerial Photography Perform topographic survey of 1.1. Lake inter-connect pipes and outfalls documenting invert elevations and pipe/structure sizes 1.2. Driveway culverts in single family area documenting invert elevations and pipe sizes 1.3. Swales along golf course Obtain digitized aerial photography of the subdivision that can be used to produce one- foot contours within the subdivision to an accuracy of three (3) inches. Phase 3 - Model and Phase 2 Improvements 1. Develop a drainage model 2. Evaluate various drainage solutions 3. Recommend additional drainage facilities that should be installed in order to improve existing drainage 4. Prioritized recommended improvements in order of cost-effectiveness 5. Prepare a long-range plan for deployment of recommended improvements 6. Engineering design of Phase 2 Improvements FO REST LAKES R(),\ I)%%'A Y A N 1) DRA ! N A(; E ADVISORY COMMITFEE 2705 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 M.S.T.I ',. I. H. MINUTES OF DECEMBER 13,~ 2002 Bob Jones called the meeting to order at 10:00 Am. ATTENDANCE: Members: Bob Jones, Bill Seabury, Roger Somerville, Bob Cunningham, Virginia Donovan (Excused) Collier County: Gerald Morris-Transportation Design Operations, Julio Ordonez-Transportation-Senior Design Engineer Others: Sue Chapin-Manpower Services, Craig Pager-Wilson-Miller and several residents (sheet attached) APPROVAL OF MINUTES: Bill Seabury commented on the minutes concerning the drainage ditch. Item C. under Old Business, Page 4 - Bob Petersen made a statement concerning the back of the Villas across from Forest Lakes Clubhouse Phase IV, which was done during the summer months, indicating there were pipes that had collapsed. Bill wanted it noted there were no pipes there, even though they were shown on a plan. OLD BUSINESS: A. Update on Proposed Study -Bob introduced Julio Ordonez, Senior Design Engineer - Transportation to explain what they want to do with some of the problems they are facing. He explained they are focusing on the solution and not the problem. Julio stated they focused on four problem locations that they needed to do a "quick fix" on this summer. The County came out on their own, did a survey and had estimates 30-50% higher than expected. (New fiscal year started in October 2002) They felt if they cleaned out the swales along the golf course there would be no standing water. The committee can put a pipe in but Mr. Ordonez feels the swale should be cleaned first and doesn't think the pipe mentioned will solve the problem. The golf course agreed to help in making a "quick fix" with their back hoe so the water would flow out, but the Contractor from Marco never showed up as promised. Bob Jones stated the next project is to check the lakes and water tables so that a plan to regrade swales can be considered. He talked about some lakes being very shallow. He addressed the problem with the water from all 14 communities going onto the golf course and the situation with the failure of the canal and the other drainage from the lakes. He hopes the study will also check on all the elevations of the swales and lakes that drain storm water from the Quail Run Golf Club and 14 surrounding communities surrounding it. Julio said they will take a comprehensive approach and not just a band-aid approach. Bob Cunningham talked about his area with the water draining into the ditch along Woodshire and not into the canal. It was going the wrong way and into a circle and back onto the street for several days before it would evaporate. A pipe was put under the street in the area and is now draining much more efficiently. Bob Jones said the canal is very deep with water and seems to be affected by the high and low tides. Julio felt there was a gate to control the water and will check into it and report back to the Committee at the next meeting. Roger Somerville talked about a force main pump station and how the storm water from the flooding of the Intersection of Forest Lakes Drive and Forest Lakes Blvd. was going into the lake at hole #9 on the golf course. Then when the force main pump is pumping the water into the canal it works fine, but the lake isn't big enough to hold a lot of water. He discussed several other areas with drainage problems. Julio again stated they need to take a comprehensive approach, do the engineering study and a complete survey of the property. Roger again discussed the other lakes on hole 15 and 16 that drain into pipes under the tennis courts on Emerald Greens, that flow from the weir in Lake 16 and installing a submersible pump for the 6 lakes that are draining into Lake 16 causing the problems. He mentioned they have a petition from the residents for getting rid of all the water. He said the County has been telling them they have a 4 year plan and nothing is getting done. The canal that handles this problem will not drain the lakes fast enough because of many problems down stream. He feels one more force main pump will take care of the problem of water on the road and in the area. Everyone is complaining about the flooding including the people servicing the area. Bob Jones recalled the Committee authorizing monies to be spent on a map of the golf course from an existing study, requested by Jerry Kurtz, along with a study and an aerial map of the area for a 5 year plan. He hasn't seen the map or plan but understand it exits. If Gerald Morris & Julio can locate its existence it would be extremely helpful. Bob also understood the County was giving them an advance to do these things. The Committee had an understanding that a Contractor from Marco Island had an open contract to address some of the problems on Phase IV at Forest Lakes Clubhouse, and never followed through. (Cleaning the swale etc.) Julio said they need someone to do a design and a set of plans to accomplish taking care of their drainage problems on the Golf Course swales. General Manager Lou Rozzi, Quail Run Golf Course, asked questions of the Committee and the County. He asked if the canal flow on the west side along 5, 6, 7, and 8, back of Golf Course along Goodlette Road to the Gordon River was sufficient. If not, where would a pump station pump the water to? If there is a problem with the Gordon River Project why is the committee working on this end to resolve the problem, why not solve the problem at the Gordon River first and work it back towards Forest Lakes. Roger Somerville stated they are working on the Gordon River and it is not resolved as of yet. Jerry Kurtz should be asked for details and present them to the Committee at their next meeting. Mr. Rozzi stated 14 Communities are dumping their water onto the golf course of which the members are paying large fees to the MSTU and members would be glad to cooperate and be neighborly if only something can be done with a proven solution in a reasonable time frame. The Club is losing money when the Course is forced to close and no carts ca be used because of flooding. Bob Jones responded that the MSTU had prioritized the problems by trying to alleviate water flooding the streets and into the homes in Forest Lakes first. Mr. Rozzi said it is becoming a health and safety issue with the standing water on holes 1 through 9 (front 9) and 13 through 18 on the back nine holes. Julio reminded the Committee a study is needed to identify the problems. It was decided at the last meeting to have someone work with the Committee for a proposal. If a study is not done he is afraid money would be spent on a force main pump and it may not work properly, then more monies are being spent. The Committee needs to identify the problems first, prioritize them and possibly phase the solutions. A pump would not be installed unless a study by Wilson Miller and an engineer indicated that was a valid solution. Craig Pager - Engineer with Wilson Miller- Craig handed out a "Three Phase Approach" and gave his presentation to the Committee. (Attached) "Drainage and Roadway Master Plan" - Phase 1 - Inventory existing Conditions & Phase I Improvements - Phase 2 - Survey and Aerial topography - Phase 3 - Model and Phase 2 Improvements 1611 He covered the different problems the Committee is facing, doing the study to prioritize the improvements according to funding and creating a Master Plan. Bob Jones asked if the two major problems of swale water drainage on the golf course could be done first. Craig responded they do not want to make a quick fix on something that will impact another problem "down the road" or in the future. Bob Cunningham asked about the time frame of the proposal. Craig felt the first Phase could be done immediately and finished in 3 months The Committee should look at the cost of the "study" along with the cost of putting in improvements which could be phased out over 1-3 years. Bob's point was to start immediately as they have some major problems that need to be addressed with the monies they have for this year. Three months for a study will likely not allow any real improvements for another rainy summer season and is not satisfactory or acceptable. Roger Somerville gave a brief history of progress or lack of, since 1972 when plans were available showing the original design. A survey was done before the MSTU was organized. He felt Phase 3 of the Wilson Miller proposal is too far away. He didn't feel they should address the roads at this time but to prioritize the drainage problem first. Mr. Ordonez feels if hard data is not available, only opinions based on observation will be used. The community needs to be looked at as a whole. Bob Jones stated that was the results of the CCC at the time Forest Lakes MSTU was formed. Mr. Ordonez stated the problems can't be addressed properly unless an engineering study can be done. Wilson Miller will do it as soon as they can. Patching and doing a band-aid fix without the hard data can only cause other problems. Bill Seabury feels the canal flow is blocked up somewhere impeding the flow of water to the Gordon River. Bill is asking whether Wilson Miller can do the digital topography in addition to Phase 2. Right-of-Ways are needed to be granted by the golf courses to improve the canal flow to the Gordon River. (Ask Jerry Kurtz) Julio will direct Gerald Morris to get in touch with Storm Water Management and report back at the next meeting with the status of this situation. A lengthy discussion followed on problems being resolved, drawings for immediate needs and solutions in Phase I within the next 3-4 months and costs of the proposal. 4 Craig (Wilson Miller) gave an estimate for the proposal of $150,000. The fund could be used for Phase 1 first. Actual costs need to be determined. A previous estimate at the last meeting was $60-80,000, maybe $100,000. Gerald Morris is the County liaison to work with the Committee. Gerald stated not everyone will agree on the recommendations by engineering, but they need to find the cause and what they want to achieve. The County does not want a duplication of work. He likes to see results and see it work. Several people are not in favor of a force main pumping station until the study is done - then if it is feasible everyone will discuss it, otherwise it is not an issue at this time. Roger Somerville moved to approve the minutes of November 22, 2002 with Bill Seabury's remarks. Seconded Bob Cunningham. Carried unanimously 4-0. NEW BUSINESS: A. Meeting Dates - The Committee will go back to their schedule of meetings according to where they left off in the spring. Bob will work with Sue Chapin on the schedule and Sue will e-mail everyone with the next meeting date in January as well as an extended schedule of meetings. TRANSPORTATION SERVICES REPORT: None VIL PUBLIC COMMENTS: One of the residents stated they have a problem with standing water in the swale on hole #8 by her home since they fixed the parking lot across the road. It is causing a stench that is making many people ill. She is a Registered Nurse and would call the County Health Dept. about the problem in which she was encouraged to do so and report back to the Committee. Julio again stated every time they fix one problem it causes another problem somewhere else, hence the need for a study of engineers to address the major problems. It was noted before the new drop inlets and pipes were installed, the parking lot was flooded at 2 of the 3 story buildings #1086 and #1085. Bob Cunningham had to leave at 12:05. More discussion followed on the digital Topography and computers needed for a complete study. Gerald Morris gave a brief report on the Budget. Estimated revenues = $316,000. The Committee needs to realize that some residents will be unhappy because particular issues are being addressed over others in the plan and some not. He feels they should keep on track, doing them logically and not wasting time or money on quick fixes. A resident from Fairways of Emerald Greens talked about different Phases of the study and felt the proposal can be changed to simplify the issues and address the major problems. Bob Jones raised the question about the speed bump put in by a resident on Woodshire Lane. Discussion followed. The road is thought to be owned by a Title Company in Fort Lauderdale representing a failed Bank or Savings and Loan Co. Bob Jones indicated to Gerald Morris that the Committee needs a simplified report showing the MSTU's expenses and balances as a work tool that is long overdue. Gerald Morris indicated he is working on it. The meeting was adjourned at 12:20 PM. 6 1611 Co¥~e co~etta THE LAKE TRAFFORD RESTORATION TASK FORCE MEETING Collier County Housing Authority 1800 Farm Worker Way Immokalee, FL 34142 Wednesday, December 18, 2002 MINUTES RECEIVED ~'t 2 i 20133 of country commissioners Members Present Clarence S. Tears, Jr. Commissioner Coletta Nicole Ryan Eric Flaig Pam Brown Frank Morello Gene Heam Fred N. Thomas, Jr. Vince Mele (for John Englehart) Others Present Edward Olesky John Fury Annie Olesky Old Business - Approved November 22, 2002 minutes. - Discussed the upcoming Lake Trafford Barbecue to be held on January 24, 2003. The date was changed at the request of Florida Fish & Wildlife Conservation Commission. - Discussed the menu for this event and it will be similar to last year. - Ski Olesky will provide vendor list for possible beverage sponsors for this event. - Pam Brown will obtain Beta Club support to be servers/cooks for the event. - Volunteers will be the responsibility of every member of the task force. - Nicole Ryan will work on date changes for entertainment and telescope for night viewing. - Ski Olesky will take the lead on providing transportation from Lake Trafford Marina to Pepper Ranch. - Discussed various items to be donated for the silent auction. - Fred Thomas will take the lead on acquiring port-o-le~s. - Nicole Ryan provided the task force with the invitations for the~.,e.v?,~ ~; - Eric Flaig provided an update on water quality in the lake. - Clarence Tears provided an update on the lake restoration proje~:'' 'l/~ ~ ] Grass Roots Initiative Fund Balance No change - $26,559. Other Business 161! - FFWCC requested the Basin spray the tussocks in early spring with chemicals provided by FFWCC. - George Yilmaz informed the task force who the County project manager is for this project. With no further business to discuss, the meeting was adjourned. 2 THE LAKE TRAFFORD RESTORATION CO~e'tta TASK FORCE MEETING /] January 22, 2003, 11:00 a.m. Collier County Housing Authority 1800 Farm Worker Way Immokalee, FL 34142 1611 Note time! I Call to Order 1. Roll Call 2. Approval of January 8, 2003 minutes 3. Old Business · Lake Trafford Annual Barbecue Fundraiser - Final Menu - Refreshments - Volunteers - Final Entertainment - Set-up and Tear-down - Silent Auction (final list of items) - Port-o-lets Update - Any remaining items. New Business · Barbecue Invitations Received · Lake Trafford Restoration Update · Water Quality Update Other Business Adjournment ~ECEIVF_..D ~iAN 2 ! 7.003 8oard of County Commissioners Fiala '~ ,/ .... - Halas ~/,/ --- Henning - Coyle // .... Coletta ~/ COH,IER COUNTY GOVERNMENT Pelican Bay Services Division 801 Laurel Oak Drive · Suite 605 · Naples, Florida 54108 · (239) 597-1749 · Fax(259)597-4502 NOTICE OF PUBLIC MEETING NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE CLAM BAY SUB- COMMITTEE AT THE HAMMOCK OAK CENTER, 8962 HAMMOCK OAK DRIVE, NAPLES, FLORIDA 34108 ON TUESDAY, JANUARY 14, 2003 AT 3:30 P.M. AGENDA o 9. 10. Roll Call Approval of Minutes of the September 12, 2002 Meeting Seagate Culverts Humiston and Moore Proposal for Analysis of Tidal Flow Data Improvement Projects Hydrographic Monitoring Mangrove Water Level Monitoring Dune Restoration Restoration Planting Interior Channel Mapping Audience Participation Adjourn ADDITIONALLY, THIS NOTICE ADVISES THAT, IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE PELICAN BAY SERVICES DIVISION BOARD, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE WILL NEED A RECORD OF THE PROCEEDINGS AND THAT FOR SUCH PURPOSE, HE 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. ANY PERSON REQUIRING SPECIAL ACCOMMODATIONS AT THIS MEETING BECAUSE OF A DISABILITY OR PHYSICAL IMPAIRMENT SHOULD CONTACT THE DIVISION OFFICE AT (239) 597-1749 AT LEAST FIVE CALENDAR DAYS PRIOR TO THE MEETING. C-. o I e r C o ~ ,., t y 1611 CLAM BAY SUB-COMMITTEE MINUTES -September 12, 2002 Naples, Florida LET IT BE KNOWN, that the Clam Bay Sub-committee of the Pelican Bay Services Division Board met in Regular Session on this date, September 12, 2002 at 8:00 A.M. at The Pelican Bay Services Division Field Office, 6200 Watergate Way, Florida 34108 with the following members present: Mr. David Roellig, Chairman Mr. M. James Burke Mr. John Domenie Mr. George Werner ALSO PRESENT: No (0) Pelican Bay residents; Mr. Tim Hall and Ms. Kara Cave, Turrell & Associates; Mr. Kyle Lukasz, Field Manager, Pelican Bay Services Division; Mr. James P. Ward, Department Director, Pelican Bay Services Division; and Mrs. Barbara Smith, Recording Secretary. AGENDA Roll Call Approval of Minutes of the July 17, 2002 Meeting Clam Bay Project Description and Review of Current and Proposed Activities A. Current Permit Required Activities 1. Hydrographic monitoring and analysis of survey and tide gauge data 2. Water Quality Monitoring 3. Biological Monitoring 4. Annual Report B. Current Discretionary Activities for Clam Bay 1. Study to divert development stormwater within the Clam Bay System 2. Removal of cattails along berm 3. Riley Mangroves 4. Alternative Plantings 5. Study and Removal of Seagate Culvert Flapgates 6. Canoe Trail and education material C. Proposed Fiscal Year 2003 Work Program 1. Hydrodynamic Modeling 2. Dune Restoration 3. Water Level Monitoring Within Inner Mangroves 4. Additional Flushing Channels 5. Hard Bottom Survey Audience Participation Adjourn ROLL CALL Mr. Roellig called the meeting to order and asked that the record show all members present. APPROVAL OF MINUTES OF THE JULY 17T 2002 MEETING 210 CLAM BAY SUB-COMMITTEE September' 12, 2002 MEETING LOCATION Mr. Werner asked, "Why is this meeting being held in such a small space"? Mr. Ward replied, "We had wanted to schedule this meeting at the Hammock Oak Center, but their space was not available, nor was there any space available at the Commons. The First Union building, which had an executive conference room, has converted that space into offices. The U.S. Trust building was not available until later in the day and conflicted with many of your schedules. This was the only facility that was available for the Sub-committee's use today. CLAM BAY PROJECT DESCRIPTION AND REVIEW OF CURRENT AND PROPOSED ACTIVITIES Mr. Ward explained, ~The way in which this issue was left from your last Sub-committee and Regular Board Meeting was that there are a number of activities that are handled under the Clam Bay process". First, there is the ongoing monitoring and maintenance required pursuant to the permit. Secondarily, there are the discretionary activities that we conduct, including the proposed activities that Turrell and Associates have recommended to you and are contained in your budget for fiscal year 2003. This Agenda is organized to provide you a summary of where we are with respect to the current activities that are required, the cost of those activities and how they are funded. Secondarily, it provides how our discretionary activities that we have handled in the last year or two are funded and the status of those projects. That will then fold into where we are with the Proposed Fiscal Year 2003 work program that has been recommended for you. Included in your Agenda Package are the Minutes of your past meetings where this was discussed and provides the debate we have had on this issue. Mr. Hall has also provided a very good Summary, which outlines the issues and I thought we might be able to go through them with you one by one trying to focus our attention on the Proposed Fiscal Year 2003 work program. Mr. Roellig stated, "It is quite significant that we are getting a new County Commissioner and I have had a couple of telephone conversations with him". The new Commissioner is very concerned about the Vanderbilt connection process. I have talked to him a little about that issue and pointed out that that is not a clear-cut project at this stage and there are a lot of things that will have to be looked at, which he agreed with. 211 CLAM BAY SUB-COMMITTEE September 12, 2002 Mr. Roellig continued, "1 assume that there is a procedure whereby the Pelican Bay Board would meet with a new Commissioner and bring him up to date on our activities". Mr. Ward explained, "It depends upon the Commissioner". Obviously, we did do that with Commissioner Carter because he lives in Pelican Bay and several of our Board members knew him personally and spent a lot of time meeting with him on issues relating to Pelican Bay. It will depend upon the new Commissioner's response. Mr. Werner stated, "1 believe that Mr. Ward prefers to work through staff and if someone is to meet with the new Commissioner to bring him up to speed on Pelican Bay issues, it would have to be somebody from our Board". Commissioner Hancock was very responsive as a Commissioner, but Commissioner Volpe did not care whether we existed or not. Mr. Roellig stated, "1 think that is something we would have to discuss as a Board, but I believe it is important". Mr. Domenie stated, "1 don't think Mr. Halas was very informed when it came to Pelican Bay's beach access and I don't know how well informed he is on our other aspects". Mr. Ward stated, "There has been a move over the past few months to have the Vanderbilt community team with the Pelican Bay community about doing work in Vanderbilt Bay". I don't have an opinion about that at this point in time and that will need to be flushed out over the coming year. Mr. Roellig stated, "The issue of the Vanderbilt connection needs to be put on hold until we get a true reading of where we are heading". Mr. Werner stated, "1 believe that at our next Board Meeting we should recommend that someone meet with Mr. Halas and try to bring him up to speed with regard to what we are doing in Pelican Bay". Would it be proper to make a motion that someone from our Board be appointed to meet with Mr. Halas? Mr. Ward stated, "1 don't believe that should be made in the form of a motion because the minute you make a motion to do that, you subject that individual to the Sunshine Laws". If any member of the Pelican Bay Services Division Board would want to take the initiative, they could 212 CLAM BAY SUB-COMMITTEE September'12, 2002 1611 take the lead and do it. A consensus from the Board as to who might want to do that would be on the correct side of the Sunshine Law. Mr. Roellig stated, "1 presume a Commissioner would get a copy of our meeting notices". Mr. Ward replied, "Yes, the Commissioners get ail of our Agendas, Minutes and complete Agenda Packages". Mr. Ward stated, "The new Commissioners usually take office the first meeting after the election in November". Updating the new Commissioner is an excellent idea and one that needs to occur, but there is no rush for that to happen other than sometime in November, which would be time enough to start the process to build that relationship. Mr. Domenie asked, "Can we send Mr. Halas the Notice of the next Board Meeting"? Mr. Ward replied, "Mr. Halas has not been elected yet and I would not recommend doing that before he takes office". Mr. Ward stated, "It depends on what you decide to do with the hydrodynamic model as to whether or not you want to proceed with the storm water diversion issue". That is the big issue. Mr. Wemer stated, '~Nhat I have heard from Mr. Hall is that you don't necessarily need that information, but if you want to make sure you have that information available in case something happens, then you probably should do it". If you postpone it, you might get the County to participate in the study if you include it in with the Vanderbilt connection issue. If we want to continue the way we have been by cutting ditches, then we don't need it. Mr. Roellig replied, "1 am not sure how long it would take to get the results, but we would have something more solid to talk about". I would rather do the model ahead of time and have a clear cut idea of what would happen if the Vanderbilt connection were made. Mr. Domenie stated, "The study is in the budget, but we have not agreed to move ahead with the project". Mr. Roellig stated, "This study was put on hold until we had a better handle on where it is we want to go". 213 CLAM BAY SUB-COMMITTEE September'12, 2002 Mr. Werner stated, "Page 2 of your Summary says, "conduct studies to determine sources for excess water discharge into the system". What have we done that meets that requirement? Mr. Hall replied, "There has been some work done with the irrigation system along Pelican Bay Boulevard". Mr. Werner asked, "Has the Upland Water Discharge Reduction Plan been done"? Mr. Hall replied, "That is part of the same study". The implementation of that is through the landscaping and irrigation changes that the Division has been making along Pelican Bay Boulevard. Mr. Domenie stated, "1 was under the impression that these two items referred to the Hydrodynamic Modeling". Mr. Hall replied, "No". Those items have to do with trying to find out how to reduce the amount of water entering the system and deal with everything on the east side of the berm. Mr. Domenie stated, "1 have raised this question before, but if we could just raise the weirs 3"-6" throughout the system wouldn't that slow down any water entering the system"? Mr. Hall replied, "That would back water up in the system and I know if you held back 6" of water you would not be playing golf". WilsonMiller made this study and I believe they did find a couple of instances where they could make the lakes larger or change the control elevation a little. Mr. Werner stated, "That work would have been very expensive and would have resulted in very little increase in retention". Which lakes can we use to hold water back? Mr. Ward replied, "None". This is a gravity system and if you tried to re-permit those structures today you would not get them permitted because they are structures where you can actually change the elevation. Today, only fixed weir control elevations are permitted. Mr. Wemer asked, "Page 4, first paragraph, I assume we are talking about the System IV to System III diversion there, is that right"? Mr. Hall replied, "Yes". 214 CLAM BAY SUB-COMMI'I'rEE Septembed 12, 2002 1611 Mr. Werner asked, "Before we go any further, are they going to want to conduct studies on how the rerouting would impact the more southern part of the Clam Bay system and can you tell me what that means"? Mr. Ward replied, '"we talked about rerouting System IV water into System III and I think what we have seen, especially with the cattails, that may not be a good idea". Secondarily, we were not moving flood stage elevation water anywhere System III. The water was still overflowing into System IV and this was a bathtub where we had problems when it flooded. My question was why would we want to spend $80,000 to move our current water when that was not the issue? It was flood stage water that was the issue. Mr. Domenie stated, "If you walk along the north berm, before you put the other weir in, you would see that the water was still flowing north. Apparently that is the natural flow of water to that northern canal and is where most of the water is exiting at the moment. Should we push more water to that northern section of the mangroves and have it flush out the whole system, rather than trying to divert it south? Mr. Hall replied, "The issue there is really the same as System V". If you put more water in there, we don't know how fast it is getting out and you could inadvertently stack the water. The issue is still that the water has to get to the pass to get out and you have heard engineers talk in the past about straightening the creeks so that the water will flow faster. Mr. Domenie stated, '"We could never get a permit for straightening the creeks and I had asked that question a couple of months ago". Mr. Hall replied, "You could probably get a permit if you could definitively say that the stacking water is killing the mangroves". We are doing reactive monitoring. If we do go in for additional permitting to try to do something else major in the system the State is going to require a lot of information, which we simply do not have. Straightening the channels would be difficult from the community's standpoint also, in that you would be digging out healthy mangroves to restore areas that have died. 215 CLAM BAY SUB-COMMITTEE September 12, 2002 16l 1 Mr. Domenie stated, "Is your basic recommendation on Page 4, Section 2, to allow the cattails to regenerate and spread their roots and drop thousands of seeds for three or more years and then do some trimming"? Mr. Hall replied, "At this point, yes". The additional pages that I included in your Summary were to try to provide you an overview of cattails and why we recommended cutting them down and doing what has been done. I know that community dissatisfaction on the way this area appears has been hard on all of us. It appears that the best option in order to get the community back to where they are not so upset is to allow it to regenerate, under the assumption that we are not done in that area. The area is going to regenerate and periodic maintenance is going to be required. If the cattails come back to the same density as before, you are looking at a four-year monitoring plan. What I have said was that we could stagger the maintenance to the point that when the time comes you could do a third of the area to thin it out and get that bio- mass out of there, which is going to be affecting the water quality and degradation. That would not have as big an impact as when we went in and cleaned out the entire area at once. Mr. Werner asked, "Did the pumping of salt water into that area work"? Mr. Hall replied, "The salinity did not get high enough to affect the cattails". Mr. Burke asked, "Is there still a possibility that a high tide could bring saltwater back into that area"? Mr. Hall replied, "Yes". Mr. Werner asked, "Is there any other place where we could find water salty enough to pump into this area to kill the cattails"? Mr. Hall replied, "The only place that would have high enough salt content would be from the Gulf of Mexico". Mr. Werner asked, "If that is the case, how would you expect a storm to get enough saltwater back into that area to kill those cattails"? Mr. Ward replied, "The Gulf waters rise significantly enough during high storm events that it backs the system up". 216 CLAM BAY SUB-COMMrI-FEE September' 12, 2002 1611 Mr. Domenie stated, "The ten year plan has a section that talks about portable pumps and pipes". As far as I can tell we can use two portable pumps and pipes to discharge water from Clam Bay to reduce high water conditions that could negatively impact black mangroves. To me that means we could use pumps to take water out of the system. Mr. Werner replied, "We have already done that". Mr. Ward explained, "Yes, and that pumping caused as much of a problem as the cattail issue did". Mr. Hall explained, "1 drove down and looked at the site before the meeting this morning and if we are going to stop spraying and let the cattails come back, I don't think we need to spend the money to do that planting". I would say to just let what is there come back. Mr. Roellig asked, ''Would any of the new plantings have a chance of out-competing the cattails,'? Mr. Hall replied, "Not in the long-term". Mr. Domenie stated, "There was a drop of approximately sixteen inches in the water level of that area after the channels were dug and will that drop prevent some of the cattails from regenerating since it is now higher ground"? Mr. Hall replied, "That water level drop has allowed the Primrose Willow, which is another aggressive plant, to grow". It is similar to the cattails in a sense, in that it is good up to a point. Mr. Domenie asked, "Are you saying that we should not go ahead with any replanting in that northern section"? Mr. Hall replied, "1 am not convinced that it would be very effective if we are not going to control the cattails". There are some areas that are still brown and will take time for them to regenerate and if you would want to put some plantings in there you can, but it would be more for cosmetic purposes. In the long term, I believe the cattails will eventually take over. Mr. Domenie asked, ''Why can't we bring in three foot tall mangrove seedlings and plant one every twenty feet"? Would that help regenerate that area with mangroves, which might be the ultimate goal? 217 CLAM BAY SUB-COMMITTEE September'12, 2002 1611 Mr. Hall replied, "The ground is too soft". Most mangrove seedlings do not have a big root system and if we would plant them they are going to fall over with the first wind we get". The substrate is muck and rotting vegetation from all of those years of the cattails and not sand or dirt. If they are planted, during a good windstorm they will all fall over. Mr. Werner stated, "VVe said that the water we were putting in there to kill the cattails was not salty enough". Is it because the water was not salty enough or that there was too much fresh water? Mr. Hall replied, "It was a combination of both". The salinity of the water that we were pumping was saturated from 6ppm to approximately 20ppm. Mr. Werner stated, 'M/ould it make more sense to pump during the winter when we do not have as much storm water coming in"? Mr. Hall replied, "That could be done, but it appears that there was a pollution problem from the zone of influence we had along that pipe and was not as large as we had hoped it would be". We opened that area up and got a lot of the biomass out. There is going to be a flush of new growth, which is going to take up a lot of nutrients coming across the berm. The whole area is going to start growing. If we want it to grow faster and we want to see if these plants will sustain themselves, we can do those plantings. If the goal is mainly to get the area green, you are not going to have to do the plantings to achieve that goal. Mr. Domenie asked, "Are cattails seasonal in any way as far as their growth are concerned"? Mr. Hall replied, "Yes, they do not grow as fast in the winter as they do in the summer and the seeding is seasonal". Mr. Burke asked, "Did St. Pierre put a lot of pressure on us with regard to the cattails"'?. Mr. Roby has asked that we stop spraying the cattails and allow nature to heal itself. Is that what is being proposed? Mr. Hall replied, "It is proposed to stop the spraying, stop the pumping and let the area start regenerating and to do plantings in areas where there are big open spots". 218 CLAM BAY SUB-COMMITTEE September- 12, 2002 1611 Mr. Burke asked, WVhen we do go in there to do some replanting, should we get together with Mr. Roby and let him know what we are doing"? Mr. Ward replied, "This is such a small piece of that whole puzzle that I don't think that he would object to that work". Mr. Werner stated, "1 believe Mr. Roby is more concerned with the big area to the south where St. Pierre is located". Mr. Domenie asked, "Should there be some Resolution to the Board of this decision"? Mr. Roellig stated, "My opinion is that we had the authority to go ahead if we felt the timing was right". Mr. Ward replied, "1 am not so sure about that one". Mr. Hall explained, "I would like to do those plantings, but I did not want to be accused of wasting the community's money and decided to stop spraying". I think it is still beneficial to plant those plants, but it was basically at your discretion. It is going to get green if you don't, but it is going to take longer. Mr. Werner moved, seconded by Mr. Burke and approved unanimously to move ahead with the plantings in the north end of the Clam Bay system. Mr. Ward stated, "1 will remove the hold that was placed on the cattail replanting a few months ago in the locations that we have talked about". The other issue is what do you want to do with the balance of the cattail areas? Mr. Roellig stated, "Our job is to use our best judgment". Mr. Burke stated, "1 believe it would be a good idea to communicate with Mr. Roby". We don't want to appear as if we didn't know what we were doing to begin with. Mr. Werner stated, "1 will call Mr. Roby and schedule a meeting, if Mr. Hall will make himself available to attend with me". Mr. Hall agreed. 219 CLAM BAY SUB-COMMITTEE September 12, 2002 1611 Mr. Ward stated, "1 believe the cattail issue needs to go back to the Board and I will put an item on the agenda showing what we are recommending to be done". I will send the entire package and as a summary, Mr. Roellig will go through the issue with the Board. Mr. Roellig stated, "At some time we have to decide if we are going to remove the tubes from the encased mangroves". Mr. Ward stated, "The area appears to have come back dramatically and the Riley mangroves have become less important to the overall health". Mr. Domenie asked, "Is a 50% success rate for the Riley mangroves an optimistic figure to use"? Mr. Hall replied, WVe have not gone through and counted every one". Mr. Ward replied, "We should leave them there and at some point in the future, whether it is this year or next year they can be removed, but for right now the area is doing extremely well and we should just let it do it's thing". Mr. Hall stated, "The Red mangroves on the starter islands are doing very well". The Black mangroves are still alive and are not doing as well, but they are slower growing than the Red mangroves. Mr. Ward stated, "If you have not been out there recently I would encourage you to do so, there has been a phenomenal change from a year ago". Mr. Burke asked, "Do you ever hear from the residents in that area, whether it be good, bad or indifferent"? Mr. Ward replied, "Yes we do". They are not as vocal as Mr. Roby, but we do hear from them. The area affected is mainly the single-family homes in the Strand. The residents have been extremely pleased with what has gone on up there and they were very happy that we removed 50% of the dead materials in that area. When Gabriella came through and that area drained very quickly, the residents recognized that all of the work that was done was very helpful and they have been very positive about that area. 220 CLAM BAY SUB-COMMITTEE September 12, 2002 1611 Mr. Hall stated, "1 had a meeting with the Bay Colony Community Association about one month ago to go over what had been happening and where we were going". They did seem pleased with the amount of regeneration that has been going on in that area. Mr. Domenie asked, "Are the Seagate flap gates off"? Mr. Ward replied, "Mr. Moore is waiting for data from a neap tide, whatever that is". Mr. Hall replied, "That is between a high, high and Iow, Iow tide". What they are trying to do is to do is to determine the tidal range. Mr. Lukasz stated, '¥Ve have the contract signed and the contractor ready to remove those flapgates after the data has been collected". Mr. Domenie stated, '~Vith regard to the hydrographic modeling, it was assumed that the flap gates would be in place when this modeling was done". Mr. Hall replied, "It was an assumption that the flapgates would be in place, but if they are not, they will still have the data". Collecting the data of how much water is going in and out of Seagate is part of that modeling. Mr. Domenie asked, '~Nill that affect Inner and Upper Clam Bay"? Mr. Hall replied, "It will have minimum affect on either Inner or Upper Clam Bay". The biggest affect will be on Outer Clam Bay. Mr. Roellig stated, "Those gates should come off somewhere within a month". Mr. Hall stated, "1 don't know how the removal of those flapgates will affect the pass and that is the bottom line". If it takes too much water from the system to where the pass can't self- maintain, we would have to put the flapgates back on, but if we can get more water going through there, it is only going to have benefits. Mr. Werner stated, '~,Vhen this Restoration Plan was being put together, Humiston and Moore would not step up and say it in front of Mr. Brown, but they felt that it was not going to serve any useful purpose to have these flap gates on. We went though the motions and got to this point. Mr. Roellig stated, "My opinion is that it helped in getting the permit". 221 CLAM BAY SUB-COMMITTEE September 12, 2002 1611 Mr. Hall stated, "That concludes the work that is presently going on and now there is the Proposed work". The Hydrodynamic Modeling is trying to pin down what is going to happen and if we pay for this study what we are going to have? Mr. Ward stated, "If I had any difficulty with the modeling effort, it was the fact that it doesn't take into consideration the groundwater". In my history in Pelican Bay and all the studies that I have seen tell me that groundwater influence in Clam Bay is significant. If you remember when Mr. Brown was here, he made comments that with the amount of water that we use for irrigation, plus the amount of rainwater and water coming from Pine Ridge into this system, Pelican Bay is a mini-rain forest. All of that water is going into the ground and into the Clam Bay system. That is probably the biggest caveat that you need to keep in mind if we decide to move forward. Even if we have this information, we still have significant influence from groundwater in Pelican Bay. Mr. Werner stated, "Even Mr. Turrell believes there is an underground river coming into Pelican Bay". Mr. Domenie asked, '~Nill that be indirectly reflected in the figures by the amount of water that drains out or not"? Mr. Ward replied, "1 don't believe so". Mr. Hall replied, "1 cannot answer that definitively, but I believe that the feeling is that groundwater is not something we are going to have any control over as far as whether or not we can stop it from coming into the system". The groundwater is a relative constant so the model is going to be looking at incremental changes caused by the surficial flows, knowing that that groundwater is still there and is part of the system, but is not a variable that will we have control over. Mr. Werner stated, "If groundwater is 50% and the runoff is 50% and your study shows that we can control 10% of the runoff water, that is 10% of the total amount". That may or may not have an important impact on the system overall and we have to try and weigh whether or not it is worthwhile. If Mr. Halas is so much in favor of the Vanderbilt Beach connection, instead of Pelican Bay paying for it, the County should get involved in paying for it. I would rather put it in 222 CLAM BAY SUB-COMMITTEE September'12, 2002 that order rather than saying it would be good to have the study. If Mr. Halas gets all enthused about a reconnect we can say that you can help pay for the study. Mr. Ward stated, "That is fine, but the flip issue is to have Pelican Bay brought into the reconnect issue and have Pelican Bay pay for some of the work that needs to be done in the Vanderbilt system, including that reconnection". My point is that Vanderbilt is approaching this somewhat differently than we did, in that we understood that we had a problem in the Clam Bay system and undertook a permitting activity to try to restore that system. One of the big issues that we had to deal with at the permitting level, which they will have to deal with also, is the definition of the restoration area itself. One of the things we were able to do with the Regulatory Agencies was to understand that we could not solve all of the estuary problems north and south of Pelican Bay and limited this debate just to Pelican Bay. One of the issues that the Vanderbilt people are going to have to deal with is if they go into this discussion at the Federal level and open up that box again and pull Pelican Bay into that discussion, you are going to end up back in the middle of that Federal permitting issue, irrespective of the fact that we already have our permits. That is going to be something that is very difficult to maneuver through and you know the expense and what it took just to get this piece of the puzzle done. The issues these people are talking about taking on are monumental permitting issues. Mr. Werner stated, "At one time Mr. Turrell told us that he had a permit for the widening of Vanderbilt Beach Road and as a part of that permit we could have accomplished that reconnect". Mr. Hall replied, "Yes, as a modification to the widening permit for Vanderbilt Beach Road that could have been done, but that time has passed". Mr. Werner stated, "The impression that I got from Mr. Turrell is that there is no use in doing the reconnect unless you are going to clean out Anhinga Bay and that is going to be a big expense". Mr. Ward replied, "Right". Mr. Werner stated, "If we provide the impetus to this, we may be the ones that end up paying for that". If we let it come from someone else in the County, we can say that it does not 223 CLAM BAY SUB-COMMITTEE September 12, 2002 '!61 make sense to do this unless you clean out Anhinga Bay and let the County get involved with paying that expense. Mr. Ward stated, "1 agree with that". Mr. Hall stated, "In looking at it that way, if you have the information beforehand, you would also know if you would want to participate in funding the project". Depending upon the results of the study, why would you want to contribute funding to something that would have little affect to the system here? Mr. Werner replied, '1 don't think we would agree to anything". If we found out it would be detrimental to Clam Bay we would oppose it. I am saying if we do the study now we are going to pay for it, but if we delay the study until someone else raises the issue or provides the impetus, we will participate in the cost of the study. I don't see anyone doing anything without this study. Mr. Domenie asked, "If water was diverted through a reconnect at Vanderbilt, would that mean that less water would be flushing through Clam Pass? Mr. Hall replied, "That would mean that there is less water going into Upper Clam Bay and out to Clam Pass". Mr. Domenie asked, '~/ould that mean less water flushing Clam Pass and the possibility of deposits building up in Clam Pass"? Mr. Hall replied, "That is what the study is designed to look for". Mr. Werner stated, "This is not scientific, but somebody has said that a reconnect would have minimal affect on Clam Pass". Mr. Hall stated, "You also have the question that if you have less freshwater pushing out, would more of the water from the pass be able to flow back there"? Mr. Ward stated, "In the balance of Clam Bay there are stressed areas". We are seeing stressed areas much further south and I have no idea whether this model will provide any data to determine if it can help with that issue, but we do need to pay attention to that fact there are stressed areas to the south. Mr. Domenie stated, "I was under the impression that we were going to dig additional channels in that area". 224 CLAM BAY SUB-COMMITTEE September-12, 2002 Mr. Hall replied, "That has been proposed". In the northern portion we could definitely tell that the water was ponding, getting too hot and not draining. That was easy. I have been out walking through those stressed areas to the south and they are not in standing water. My question is, is the fact that we have opened the pass allowing water to drain out of those areas to the point that they are drier than what they were? If it is, then digging channels through there could only make it worse. We are watching those areas and I am not sure digging more channels is the answer, but Mr. Lewis and I have not had this argument yet. Mr. Ward stated, '`we have been relying on Mr. Lewis to tell us where to dig the channels and I think that is good". We are seeing stressed areas and there have been more of them popping up in the last year than I would have expected, irrespective of all of the successes that are going on in the northern part of the system. I don't know if this model will have any ability to help us to determine what is going on in those stressed areas, however we all need to understand that we do have stressed areas going on to the south and have been for about one year. Mr. Hall explained, "There have been a few lighting strikes in the lower portion that have caused brown areas also". Mr. Roellig asked, WVas that a lightening strike on the south side of the south boardwalk?" Mr. Ward replied, "No, that was not a lightening strike". Mr. Roellig asked, "There are two large dead trees standing on the south side of the boardwalk and do we have the authority to remove those dead trees"? Mr. Hall replied, "We probably could". We did have permission to take out 50% of the dead material in the die off area. The State did not make us take the 50% from the entire area and we were able to remove it from the one area. From a safety standpoint if we feel there could be a limb that could fall on the boardwalk I am sure that we could get permission to remove those dead trees. Mr. Domenie asked, "Are we going to recommend that you go ahead with that"? 225 CLAM BAY SUB-COMMITTEE September 12, 2002 1611 Mr. Hall replied, "This Sub-committee is going to have to make a recommendation to the Board as to whether or not you feel that this study should be approved". The funding has been approved, but it is the actual implementation that has not been approved. Mr. Domenie stated, "What I am hearing is that if we want to do anything in the future we are going to need some basic data which we have lacked so far". This study will answer some future as well as some current questions and will provide us with some sort of a reference base. Mr. Hall replied, "It will allow your consultant team to answer some of the questions that you may ask". The biggest question would be what will happen to our water if we reconnect to Vanderbilt Bay and would the study allow us to respond to that question? Mr. Domenie stated, "Mr. Werner is talking about why should we pay for a study to understand that question and I think this study is independent of that". Mr. Hall replied, "From my standpoint in looking at the mangroves I want to have this information to know what is happening out there right now". What are the existing conditions and why are these areas looking stressed while other areas are looking good and to see if there is a water dependent component. I am placing water loggers in the mangroves to determine the water levels below the surface to see how they fluctuate and if there are any differences between the stressed and non-stressed areas. With that study we can take the information that I would be getting and tie that into what is happening in the bay and be able to see if it is pass dependent or if it is the water coming over the berm that affects it. That information lets us know what we may need to do to fix the problem. If it is coming from the berm maybe more channels are needed to try to get water to come through there. If it is a problem with the pass, maybe we need to open up a few more of the creeks and let more water go through that way. Mr. Roellig stated, "There are a number of alternatives". To me the answer ought to be that Pelican Bay should make decisions that have some impact on the alternatives. The basic problem is, are we going to direct and oversee the study or wait until it becomes a joint study and we lose control? We need to make sure the study answers our questions. Mr. Werner stated, "That makes a lot of sense". I was fully prepared to not recommend this study to the Board, but what you just said makes a lot of sense. 226 CLAM BAY SUB-COMMITTEE September'12, 2002 Mr. Domenie stated, "The Vanderbilt connection is only a part of this entire study and I would recommend moving ahead with this study and hopefully we will have something that we can fall back on if we have to make other decisions". It is better for us to be in control of the study and if we know what the answer is or what we believe the answer is, then we are in a better position if someone says that connection should be done. The more information you have, the better off you are. Mr. Hall stated, "If you would have had this study done and know how that was reacting, we might have been in a better position to understand what would happen in that cattail area when we dug those channels". Mr. Werner stated, "There may be a problem with the Board approval of this study". Mr. Domenie asked, "Why would you suggest that the Board might object to this study"? Mr. Werner replied, "1 saw Mr. Sutphin get animated about why are we throwing away money on studies when we can dig channels"? Mr. Hall stated, "Mr. Sutphin had asked why not just take this money and dig more channels"? The channels have definitely helped in some areas, but I am just not convinced that is the answer". Mr. Ward explained, "Mr. Sutphin's issue is one very simple question and that is where are we going in Clam Bay and I believe if someone just says we don't know where we are going, that answers his question". Mr. Burke stated, "In the Summary it says this study would produce a planning tool". I believe that sums it up nicely. Mr. Werner stated, "Mr. Roellig, you have to emphasize to the Board that we would have control". Mr. Burke stated, "The study may tell us that we don't need to reconnect and that there would be no value to do it". Mr. Werner stated, "1 am not a scientist, but I believe the study would be helpful". 227 CLAM BAY SUB-COMMITTEE September 12, 2002 Mr~~ by Mr. Burke and approved unanimously to make the recomm'endation to the B~-r-d-~ Jm Mr. Hall explained, "An Exhibit has been distributed which basically says that profiles have been done on the beach at each of the markers indicated. There are a couple of profiles along Bay Colony that say that they could have used some sand, but the profiles have indicated that the sand would have the most benefit for Clam Pass a little further south. That area runs from south of Marker 39 to just north of Marker 37 and is approximately the 3,000 feet that we had talked about. That restoration area would help to beef-up the dune between the Gulf and Bay and prevent a potential break through in the event of a serious storm. Mr. Domenie stated, "The plan says planting Sea Oats from the crest of the dune to 10' "landward", should that be "seaward"?" Mr. Hall replied, "It should say seaward". Mr. Domenie stated, "1 was under the impression that we were going to raise the dunes two or three feet, but from what I see you are not going to raise the dune, but just make it wider". Mr. Hall replied, "Yes, we would be filling in the escarpments". Mr. Domenie stated, "At an extra high tide, whether you have filled this area or not, it will still overflow the dune". You are not building the dune three feet higher to protect it and all you are doing is protecting the existing dune so that water will not break through". Mr. Hall replied, "VVhat we are trying to prevent is the actual breach". Mr. Domenie asked, "VVhat sort of access do we have to deposit sand on the beach"? Mr. Hall replied, "It would be Vanderbilt Beach Road". Mr. Domenie stated, "You would have to run trucks during the tourist season in front of the Ritz to deposit the sand". Mr. Hall replied, "That is correct". Mr. Roellig stated, "At the Coastal Advisory Committee Meeting today we are looking at the potential of bringing in 80,000 cubic yards of sand to Vanderbilt Beach to repair damage from 228 CLAM BAY SUB-COMMITTEE September'12, 2002 Gabrielle. If we do this it is going to be a problem because the only way to get to the Beach is down Vanderbilt Beach Road. Trucks can carry approximately 18 cubic yards of sand and that quantity can be a problem. Mr. Ward stated, "Mr. Hall just handed me an E-mail that essentially indicates that County Staff feels it is a good idea to do this project in connection with the Vanderbilt Beach renourishment". Mr. Werner asked, "Would the County be in control of the restoration"? Mr. Ward replied, "If we piggybacked on to the County's contracts we would work with them and let them handle it, otherwise we would have to end up doing a separate contract". Frankly, I think piggybacking would be a good idea since Mr. Hovell is extremely good at what he does. Timing is critical on this issue and if the County can do it and they have the contracts in place with three different contractors we want to get in there on November 1 and get out as quickly as we possibly can and not interfere with the tourists. Mr. Roellig stated, "There are probably areas in front of the Foundation's beach facilities and in front of Bay Colony where sand could be used". Mr. Hall replied, "This permit allows them to do it if they should choose to do so because the permit covers the entire beach". We are only looking at 3,000 feet because that was the funding that was allocated. Mr. Werner asked, "How did you identify this 3,000 feet"? Mr. Hall replied, "The area was identified based on the profiles and where we felt the sand would do the most good for the system". Mr. Roellig stated, "Those are the areas closest to the beach and are most vulnerable to a break-through". Mr. Werner stated, "Are you concerned about the tide reaching the dune and then breaching the Clam Bay system"? Mr. Hall replied, "Yes, and by widening the dune you are making it harder to breach the dune". 229 CLAM BAY SUB-COMMITTEE September-12, 2002 Mr. Werner asked, "Would we get the water from the Foundation facilities to irrigate this dune restoration "? Mr. Ward replied, "Yes, the same as when we irrigated the disposal areas". Mr. Domenie stated, "There are pieces of broken pipes and plastic laying all over from the previous irrigation system". Mr. Hall stated, "It should have been part of the contract that once the irrigation was done that piping should have come out and that will be part of what we set up that it will be removed after one year". We don't want that to happen. Mr. Domenie asked, '~Nhat are the costs involved"? Mr. Hall replied, "There was $105,000 budgeted for 3,000 feet of dune restoration". If it is less, we can either do a little more work or retain the money. Mr. Domenie stated, "Mr. Hall indicated that the permit we have covers all of Pelican Bay". Mr. Hall replied, "It covers from Vanderbilt Beach to Naples Cay". Bay Colony and the Ritz Carlton Hotel both agreed to include their portion of the beach in the permit as well. If Bay Colony has the funds available they could also do a dune restoration. Mr. Werner moved, seconded by Mr. Burke and approved unanimously to move forward with the dune restoration as recommended. Mr. Burke asked, "Can Bay Colony undertake their own dune restoration project"? Mr. Ward replied, "To the extent that they have a dune yes". They would actually be under our permit to do that. Mr. Roellig stated, "That could be a problem with Bay Colony doing a restoration and using our permit". Mr. Werner asked, "Do we notify them of the area that has been selected"? Mr. Ward replied, '¥Ve need to notify both the Foundation and the Bay Colony Community Association and let them know this is what the consultants have recommended to us as the dune 23O CLAM BAY SUB-COMMI'n'EE September 12, 2002 1611 restoration project and the reasoning behind it". We would also notify them that if they would wish to participate in this financially, in addition to this work, they are welcome to do that. Mr. Domenie asked, "If the Foundation would want to bring in sand in front of the restaurants they could do that too"? Mr. Ward replied, "Yes". Another option is that the Pelican Bay Services Division could do it, but we would have to fund that work internally. We could not fund that through TDC or County funds. Mr. Roellig stated, "If the County decides to move forward with the 80,000 cubic yards of sand at Vanderbilt Beach, that would run approximately one-quarter of a mile south of Vanderbilt Beach Road and include the Ritz Carlton beach". Mr. Domenie asked, "Since the County is funding the dune restoration does the budget say 3,000 feet and why can't it be 9,000 feet"? Mr. Ward replied, "You could do the entire beach if you wanted to, but what we did in the budget was fund an amount that we felt appropriate and that I did not think we would have a problem getting through the County Commission to be paid for through either the General or TDC Funds as a maintenance project for the Clam Bay system". That is how it has been budgeted in the Fiscal Year 2003 Budget within the County structure. Mr. Domenie stated, "1 don't understand, how do you measure sub-surficial as well as surficial water levels"? Mr. Hall replied, "It is a pipe with an open bottom so that the water levels equalize". The logger is a tool with a pressure sensitive membrane and when you put it down the pipe it measures the level of water above it. You can set it to record once a day, once a week, etc. You then download it to a hand-held computer and it will produce graphs. Mr. Domenie stated, "1 can understand your measuring water going up and down, but what are you measuring sub-surface"? Mr. Hall replied, "The water table is not above the ground". Mr. Domenie asked, "Will you set the loggers to read on an hourly basis"? Mr. Hall replied, "They will be set to record every half hour or one hour time period". 231 CLAM BAY SUB-COMMITTEE September 12, 2002 work"? Mr. Domenie asked, "Do you also measure rainfall during the same period"? Mr. Hall replied, "We coordinate that with the data that Mr. Lukasz is collecting". Mr. Domenie asked, "Do you need a recommendation to spend the $10,000 on that Mr. Ward replied, "We can just move ahead with that work". Mr. Roellig stated, ''We do not have a proposal for the additional flushing channels". Mr. Lukasz replied, "This is the engineering and consulting fees for identifying additional channels". Mr. Werner asked, "How does Mr. Lewis base his recommendations of where he is going to place the additional cuts"? Mr. Hall replied, "Mr. Lewis makes his recommendation after walking through the area and looking at the stressed areas to see if the water is ponding. Mr. Werner asked, "Does it make sense to do this before we do the Hydrodynamic Modeling"? Mr. Hall replied, "1 am not sure the cuts are the final solution". I would like to have more information and I think we should maintain the areas we have already cut and keep an eye on the stressed areas, but I am not sure that we do actually need to cut additional channels". Mr. Werner stated, "If we put this on hold, we put the $30,000 for channels on hold". Mr. Ward agreed. "The channels have been very helpful and I am glad you are moving forward with the hydrodynamic modeling". Mr. Lewis has done an excellent job with the channels he has dug and I don't see any reason to hold up this phase and you were phasing these over a three or four year period anyway. If you recall three years ago Mr. Lewis recommended that we do this work and we decided to do it in phases to see how the system would react. This is just another phase of where we are going and I don't want to not do it at this point in time. The model will give you the information, but I don't think it is going to tell you where to put the channels. I believe Mr. Lewis has been very good about knowing where to place those channels. Mr. Werner stated, "The question is, do we want to spend the $13,000 to do that before we have the model"? Will the model help Mr. Lewis to identify the lower elevations? 232 CLAM BAY SUB-COMMITTEE September '12, 2002 Mr. Hall replied, "The model will provide us a better idea of how deep those channels need to be and where they need to be maintained". Mr. Roellig stated, "This is just to do an analysis of whether or not additional cuts would be needed". Mr. Ward asked, "From a timing perspective, if the Board should choose to do this, is now the time to do it"'?. Mr. Hall replied, "The best time to do it is during the winter because there is less freshwater entering". Mr. Werner asked, "If we do this model, when will that be complete"? Mr. Hall replied, "1 was told that they needed about six months to get the model completed, but they would use additional data throughout the year to check the calibration". Mr. Werner asked, WVhat is the length of time for the modeling"? Mr. Hall replied, "From nine months to one year". Mr. Ward explained, "Even if you decide to do the flushing channels we would not do this work until January, February or March". On the Improvement Schedule that we do, if you do decide to move forward we would schedule Mr. Lewis' start dates with the January schedule. It takes a couple of months and by March or April that will be finished. Mr. Domenie asked, "VVho is doing the mapping of the channels that we have budgeted $30,000 to have done"? Mr. Hall replied, "The mapping is being prepared by WilsonMiller". Mr. Ward asked, "Do we have to use WilsonMiller"? Mr. Lukasz replied, "No, we have used Agnoli, Barber and Brundage for a lot of the surveying". Mr. Hall stated, "1 talked with Mr. Marshall about that". Mr. Marshall has told me that they did survey the additional channels. The first channels that were put in were surveyed and when they had proposed the second Phase of those channels, those proposed channels were also surveyed. They do have the documents, but they have not put them together with the subsequent phases that we have been putting in. 233 CLAM BAY SUB-COMMITTEE September 12, 2002 16li Mr. Ward explained, "That is an important element that we need to get done and if you want, Mr. Lukasz will issue a purchase order in October for that work". How long will that work take? Mr. Lukasz replied, "Sixty to ninety days". Mr. Hall stated, "Mr. Lukasz has reminded me that part of this study was also to look at creating more channels to handle increased flows from the diversion of System IV into System II1". Mr. Roellig asked, "Do we need any Board action on the additional flushing channels"? Mr. Ward replied, "1 don't believe so". The issues with the Board were the Hydrodynamic Modeling and the Dune Restoration. I am not sure anybody on the Board had a problem with the balance of the issues. I would suggest that Mr. Roetlig report to the Board that we are moving forward with x, y, and z and that this is what the Sub-committee has recommended that we do. Mr. Hall reported, "The hard bottom survey is our gift to the Board". Mr. Ward stated, "The hard bottom survey is the best $3,000 you have ever spent". We have had this issue come up every time we go near Clam Pass. During the first dredging process there were a ton of problems with the County staff and with the State and Mr. Turretl was extremely helpful by doing some offshore diving with these people. At this point in time we really need to do this survey. Mr. Hall stated, WVhenever you do a beach renourishment you always have people saying that if you place sand out there you are going to impact the hard bottom". If you have the information right now that says this is what it was before you did the work and this is what it is like after the work was done and there is no change, you can argue that. Also, if you do this survey on your own you are not obligated to provide that information to any agency. It is information for you to fall back on if you need to. Mr. Ward stated, "This entire package wilt go to the full Board, along with the Minutes and a Summary of the requested action". 234 CLAM BAY SUB-COMMITTEE September'12, 2002 ADJOURN There being no further business, the meeting adjourned at 10:20 A.M. Mr. David Roellig, Chairman 235 01/18/2003 15:05 2395942~£5 HUMISTON MOORE ENG PAGE 81 , ., ,, HUMISTON ~ MOORE ENGINEERS COASTAL , ENGINEERING DES'GN AND PERMI"rTING January 10, 2003 5679 5T/~JD COU,~r ,NAPLES, FLOPJDA 341 I O FAX, 239 594 2025 PHONE, 239 394 2021 Mr. Kyle Lukasz Pelican Bay Services Division 801 Laurel Oak Drive, Suite 605 Naples, FL 34108 SENT VIA FAX 597-5400, 2 pages Re: Seagate Culvert Data Analysis Proposal, H&M File No. 12078 Dear Kyle: As requested, we are providing you with this proposal which is for task I of our November 21, 2002 proposal to analyze the flow data which you have collected at the Seagate culverts. This task will include reducing and analyzing the data but will not include the analysis necessary for estimating the importance of the flow through the culverts, both with and without the one-way flow valves, as related to the Clam Pass tidal prism and Clam Pass stability. The scope of services under item 1 of our original proposal is to: Tabulate velocities from current measurements provided by PBSD staff and compute flow volumes for ebb and flood tides, for both spring and neap tide conditions. It is assumed that PBSD staff will provide the invert elevations and dimensions of the culverts, Based on a preliminary review of the data, the scope of work for this task includes: 1, Sorting and verifying the data from the five sets of data regarding direction of flow. It will be necessary to coordinate with PBSD staff to verify the following: a. Direction of flow for all the data. b. Complete reduction of elevation data c. A general verification of some of the values in the field notes. 2. Determine the cross sectional area of flow in each of the three culverts using the invert elevation of the pipe and the water elevation data for cases when the culverts are flowing at less than a full pipe. 3. Estimate an average cross section flow velocity from the measured velocity for each data point using typical flow parameters for the type of culvert. This will be based on the assumption that the measured velocity is approximately the maximum value within each culvert for each data point. Page I of 2 01/10/2003 15:0§ 2395942825 HUMISTON MOORE ENG PAGE 02 1611 4. Compute incremental flow volumes from each data point and time interval, and a total flow volume for each ebb or flood tide in the data set. 5. Results will be provided as tabulated data, flow volumes, and the flow volume totals. Additional Services: Estimated Cost ................. $3,500 1. Attend a meeting to discuss the results. Estimated Cost ................. $ 600 Total budget ...................... $4,100 Professional Services will be billed monthly on a basis of percentage complete, and under the terms of the attached Fee Schedule and Standard General Conditions for Professional Services Contracts, dated January 1, 2002. Should you require any additional services such as field data collection, meetings, and presentations, such services will be billed on a time and materials basis in accordance with the attached fee schedule. If this is agreeable to you, please provide us with wdtten authorization to proceed. Sincerely yours, HUMISTON & MOORE ENGINEERS Kenneth K. Humiston, P.E. Page 2 of 2 ~UMISTON & MOOr:~ FIx,iG!N~Er~$ . NAPLES, FLORIDA 611 Florida House of Representatives Representative Mike Davils 3301 East Tamiami Trail, Suite 105 Harmon Turner Building Naples, Horida 34112 For Immediate Release January 2, 2003 Contact: Eric Zichella, Legislative Assistant 239-417-6270 Ziehella. Erie~axyfloridahouse. eom REPRESENTATIVE MiKE DAVIS RECEIVES COMMITTEE ASSIGNMENTS NAPLES: Representative Mike Davis was notified by Speaker of the House Johnnie Byrd, on New Years Eve, of the following coi~-,~ttee assignments: Natural Resources o Subcommittee on Environmental Regulation (Vice-Chair) Subcommittee on Human Services Appropriations Judiciary o Subcommittee on Claims Local Government and Veterans' Affairs o Subco-~-~,;ttee on Local Affairs "I'm looking forward to dealing with the challenges of the upcoming session. With the budget requirements that have been mandated by the past few elections, we definitely have our work cut out for us." Representative Davis will serve in this role for a two year term_ I'd ~L~-LI~ [~] ~;Aeo aH~W 'd~ dSS:ID SO 20 uec AGREEMENT APPROVING AND PROVIDING FOR COUNTY TRAFFIC CONTROL JURISDICTION OVER ROADS WITHIN THE ISLAND WALK SUBDIVISION THIS AGREEMENT is made and emered into this I [4:~ day of ~.~ ,2003, I by and among the following three parties: Island Walk Homeowners Association, Inc. 4500 PGA Boulevard, Suite 400, Palm Beach Gardens, Florida 33418; the Collier County Sheriff's Office; and the Board of County Commissioners of Collier County, Florida. WHEREAS, all roads within the Island Walk Subdivision (in unincorporated Collier County) are private roads that are not owned or maintained by Collier County; and WHEREAS, the Island Walk Homeowners Association which is responsible for maintaining and controlling the Island Walk Subdivision, has tendered to the Sheriff of Collier County, a letter request, dated March 22, 2002, attached hereto as Exhibit "A", and is thereby requesting that the Collier County Sheriff's Office patrol the private roads within the Island Walk Subdivision and exercise jurisdiction over those private roads by enforcement of state and county traffic laws; and WHEREAS, Subsection 316.006(3)(a), Florida Statutes, provides that each Florida County may exercise jurisdiction over private road(s) located within the unincorporated area in its boundaries provided the respective County and other parties owning or controlling such road provides, by written agreement approved by the governing body of the County, for county traffic control jurisdiction over the road(s) covered by the agreement; and WHEREAS, representatives of the Collier County Sheriff's Office have monitored traffic on private roads within the Island Walk Subdivision and have affirmed that traffic enforcement by the Collier County Sheriff' s Office is appropriate, and have agreed to provide traffic control enforcement in the geographic areas requested (Exhibit "B"); and WHEREAS, Collier County, a political subdivision of the State of Florida, through representatives of its Transportation Department, has reviewed and communicated with an engineer for the Island Walk Subdivision regarding signage and a required subdivision sign maintenance plan (see Exhibit "C" attached hereto); and WHEREAS, the Board of County Commissioners has reviewed these written requests and has determined that it is in the interest of the public health, safety and welfare to enter into this Agreement, pursuant to Subsection 316.006(3)(b), Florida Statutes. NOW THEREFORE, the three parties hereto agree as follows: 1. The recitals and Exhibits stated and referenced above are restated and are made a part of this Agreement. 2. Collier County, by action of its Board of County Commissioners, hereby determines to exercise traffic control jurisdiction over all private roads located within the geographic area of the Island Walk Subdivision as described in Exhibit "B" pursuant to this Agreement entered into pursuant to Subsection 316.006(3)(b), Florida Statutes. 3. Pursuant to Subsection 316.006(3)(b)(2), Florida Statutes, the Collier County Sheriff' s Office hereby expressly waives the statutory requirement concerning the effective date of this Agreement relating to the beginning of the next county fiscal year and agrees to the effective date of this Agreement. 4. The Collier County Sheriff's Office shall, commencing on the date of final action 2 by the Collier County Board of County Commissioners and thereafter, until this Agreement is terminated, shall include as part of its duties, patrol and enforcement of all county and state traffic control regulations and laws on and over private roads within the Island Walk Subdivision, including such additional roads, if any, that may hereafter come into existence within the Island Walk Subdivision. The parties recognize that all private roads within the Island Walk Subdivision (as such roads are described herein) are not public roads, are not County-owned, and neither the County nor the Sheriff's Office has any duty or responsibility for construction, maintenance and/or repair of any of the same, including signage, and this Agreement does not impose any such responsibilities upon the County or the Sheriff's Office. Signage maintenance, repair and adequacy on and along the roads within the Island Walk Subdivision is the responsibility of Island Walk Homeowners Association and/or other private property interest(s) within said Subdivision; and a maintenance program shall be developed by and shall be adhered to by the Island Walk Homeowners Association (see Exhibit "C" attached hereto). For purposes of identification and geographic specificity, the Island Walk Subdivision is composed of the platted areas described in Exhibit "B" attached hereto. The Island Walk Subdivision hereby indemnifies and holds Collier County and the Collier County Sheriff's Office harmless for non-negligent acts, errors or omissions in providing the exercise of traffic control jurisdiction as agreed to o hereunder. Collier County, a political subdivision of the State of Florida, shall be included as "additional insured" on all applicable liability insurance policies. The Collier County Sheriff's Office hereby reserves the authority under this contract to enter into negotiations with Island Walk Homeowners Association for the purposes of allocating costs pursuant to subsection 316.0063(3)(b)(1 .) as a precondition to provision of enforcement according to the further terms hereof. This Agreement may be changed, amended modified only by a means of a written document executed with the same formality as this Agreement. However, this Agreement may be terminated unilaterally by the Board of County Commissioners by adoption of a Resolution (at a public meeting of the Board of County Commissioners) providing that this Agreement be terminated, or by Island Walk Homeowners Association, Inc. IN WITNESS WHEREOF, the Association and the County have executed this Agreement. WITNESSES: (Signature) - Firr, st Witness /"3/ ,- ' Printed name of First Witness (Signature) - Second Witness Printed name of Second Witness ISLAND WALK HOMEOWNERS ASSOCIATION, INC. Charles H. Hathaway, President( (Corporate Seal) 16K? WITNESSES: (Two required) COLLIER COUNTY SHERIFF'S OFFICE (Signature) - First Wit MII~.~. dott~r~tat4f- Printed name of First Witness (Signature) - Second Witness Printed name of Secon~ Witness Dated 2.-[k- ., 2003 ATTEST::.~7.~ ...... ~.- DWIGFtT E(BROCK, CLERK BY: 13ePuty Clerk Approved as to form and legal sufficiency: _ ~ Thomas C. Palmer, Asst. County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: . / Dated this t~tlb4 41,"~ '~"), , 2003 ISLANDWALK HOMEOWNERS ASSOCIATION, INC. 4500 PGA Boulevard, Suite 400 Pahn Beach Gardens, FL 33418 (561) 627-2112 Fax: (561) 622-7516 Facsimile and U.S. Mail March 22, 2002 M.W Shryver, Esq. Collier County Sheriff s Department 3301 East Tamiami Trail Collier County Government Center Building J Naples, Florida 33962 Re: Island Walk Traffic Control Agreement Dear Mr. Schryver: The Island Walk Homeowners Association, Inc. hereby requests the Collier County Sheriff s Office to enforce all county and state traffic control regulations within the boundaries of the Island Walk Subdivision The Board of Directors of the Association approved the request for this action by written action taken without a meeting pursuant to Florida Statutes 617 0821 on Mapch 20, 2002. Sincerely yours, William E. Shannon Secretary WES/cs 16K1 MAP OF: ISLAND WALK Exhibit B ON MICROFILM IN THE CLERK TO THE BOARD MINUTES & RECORDS DEPARTMENT ISLANDWALK HOMEOWNER'S ASSOCIATION 6005 Vanderbilt Beach Road Naples, Florida 34119 941/594-7400 * 941/594-7177 (fax) 16K1 December 4, 2002 Daniel Schryver, Esquire Legal Counsel Collier County Sheriff' s Office Collier Government Center 3301 E. Tamiami Trail Building J Naples, FL 34104 Re: Island Walk Homeowners' Association Traffic Enforcement Agreement Dear Mr. Schryver, Please find enclosed a letter from Robert W. Tipton, P.E., Traffic Operations Manager for Collier County reiterating that our traffic signs now meet the requirements of the M.U.T.C.D. and is in conformance with the laws and requirements of the State of Florida. With this being the case would you please have the Traffic Enforcement Agreement that our General Counsel, William Shannon has forwarded to your attention, signed and send copies for counter signature back to Mr. Shannon? Thanking you for your cooperation. Sincerely. A~iichael D. Rosen Vice President MDR/sh Enclosure CC: William E, Shannon Steve Anderson, Island Walk Town Manager Composite Exhibit C Page 1 COLLIER COUNTY GOVERNMENT 16K1 TRANSPORTATION SERVICES DIVISION TRANSPORTATION OPERATIONS DEPARTMENT November 19, 2002 2705 S. HORSESHOE DRIVE NAPLES, FL 34104 (941) 774-8494 FAX (941) 659-5787 transportation@colliergov, net Mr. Michael D. Rosen, Vice President DiVosta and Company at Islandwalk 6005 Vanderbilt Beach Road Naples, FL 34119 RE: Traffic Signs and Markings Inspection Dear Mr. Rosen: At your request, our office performed a review of the traffic marking and signing in your development of Islandwalk this past summer. I relayed to you in my letter of June 24, 2002, the deficiencies in meeting the requirements of the Manual on Uniform Traffic Control Devices (M.U.T.C.D.), which governs the aPplication of signing and pavement markings in the State of Florida. I have revisited your development.and found that you have successfully addressed each deficiency I noted earlier. This is to document that traffic and speed zone signing within your development now meets the requirements of the M.U.T.C.D. and is in conformance with the laws and requirements of the State of Florida. Should you have any questions, comments, or concerns on this or other issues please feel free to contact me by telephone at (941) 774 - 8494. Sincerely, Robert W. Tipton, P.E. Traffic Operations Manager CC: Edward J. Kant, P.E., Transportation Operations Director Danny Schryver, Esq., Legal Counsel, Collier County Sheriff's Office File: Isandwaik Sign Inspection Composite Exhibit C Page 2 COLLIER cOUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF pUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement [] Other: (Display Adv., location, etc.) ******************************************************* · Person: MichaelBosi Date: ~-~ - O~ Originating Dept/Div: Coram. Dev.Serv./Planmng Petition No. (Ii none, give briet description): CU.2002-AR-2836, Naples Progressive Gymnastics , Petitioner: (Name & Address): Progressive Engineering, Craig Smith, 3275 Pine Ridge Rd., Naples, Fl. 34109 Name & Address ot any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before [] BCC El BZA El Other Based on advertisement appearing 15 days betore hearing. Requested Hearing date:------~2/11/03 Newspaper(s) to be used: (Complete only if important): [] Other [] Legally Required XXX Naples Daily News Proposed Text: (Include legal description & common location & Size): CU_2002-AR-2836, Craig Smith, for Naples Progressive Gymnastics requesting conditional use 19 and 20 ot the "A" Rural Agricultural zoning district ior sports instructional schools and camps and sporting and recreational camps per Section 2.2.2.3 tot property located at 3275 Pine Ridge Road, in Section 12, Township 49 South, Range 25 East, Collier County, Florida, consisting of 6+ acres. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? [] Yes [] No Ii Yes, what account should be charged for advertising costs: 113_138312-649110 . ,viewedby: ,tn J ,On Approved by: Date County Manager List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Bead approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request fo same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to [] Requesting Division [] Original Clerk's Office . · · , . ' Office, retaining a copy tor file. FOR CLERK'S OFFICE USE ONLY: Date Received: ~ Date of Public hearing: ~ Date Advertised: 17A RESOLUTION NO. 03- . A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USES "19" AND "20" FOR SPORTS INSTRUCTIONAL SCHOOLS AND CAMPS AND SPORTING AND RECREATIONAL CAlVIPS RESPECTIVELY IN THE "A" RURAL AGRICULTURAL ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Uses "19" and "20" respectively of Section 2.2.2.3 in an "A" Rural Agricultural Zone for sports instructional schools and camps and sporting and recreational camps on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The petition filed by Craig Smith of Naples Progressive Gymnastics with respect to the property hereinafter described: Exhibit "B" attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Uses "19" and "20" respectively of Section 2.2.2.3 of the "A" Rural Agricultural Zoning District for sports instructional schools and camps and sporting and recreational camps in accordance with the Conceptual Master Plan, Exhibit "C", and subject to the following conditions: 17A The Planning Services Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plans, of the Collier County Land Development Code, Ordinance Number 91-102. Board. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second and majority vote. Done this day of ,2003. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: , CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency: Ma~jol~ M. Student Assistant County Attorney Exhibit "A" FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR .1. 7/1 CU-2002-AR-2836 The following facts are found: 1. Section 2.2.2.3.19. and 20. respectively of the Land Development Code authorize the conditional uses. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No Co Affects neighboring properties in relation to noise, glare, economic or odor effects: __ No affect or ~ Affect mitigated by ~ Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (should not) be recommended for approval. DATE: CHAIRMAN: Exhibit "A" FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-2836 The following facts are found: 1. Section 2.2.2.3.19. and 20. of the Land Development Code authorize the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No Bo Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Co Yes No Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or ~ Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (should not) be recommended for approval. DATE: MEMBER: d~l~'~'. ~' OF .THE-,9OUTtlEAST ¼ OF TIlE SOUTH- ~'.~'~t~~':~ORE ~AR~CULARLY DESCRIBED A~; FOLLOWS: ' SECTION ~,'~.~NT 'ON Tile C~NT~LIND OF PINE RTDGE ROAD{CD .;i~R.~HT_oF_WAY;. THENCE 'RUN S. 89°32'07" E ALONG iF],~ll~ sOUTHEAST i OF SAID sECTiON 12, TtlE i~L%NE-OD pINE RIDGE ROAD'FOI~ A DISTANCE OE ~:'DO'Z~T 100,00 .FEET EAST OF AS MEASURED AT ~ST:_~iNE.OF THE .SOUTHWEST ~ OF THE ST: ~'o~'SAZD s~CTION 12, TItENCE RUN N 'WITH::THE .w~T'LINE OF THE ~UT~IWEST 'THE jS'OUTtlERST '~ OF SAID. S~ION ~ 2 ~>OF ~.g~0YF~ET .TO /A pOINT ON' THE NORTHERLY ': ~'":'---~ , SAID ~u,, : ', T' OF THE THw~ST ~ OP '. , ~EAS ~ THE S~ . .~%n~-~HB sOUTHEAST · ~r~,o~,.52,, W FCA 5 7 ~;~ '~%"~BET;TH~NCE RUN ~--~'NAY ~INE OF . ~',.~ -- , ' RIGIFF ur- .~, v '~ . .: '::~ntht ON.~.I.I$ N ~--,*-,, ~, ,NL, O~,G THE NO ~" ~:HO~ o~ . .. · ~-- -~*~N~ OT~ S '-~':.T~L.'"--~ N REFER tIEAST T O ...... ~'~SH NN.HEREO. -' OF .HE S )UT , IEI~ B~A~GS,~._ . .~OU~N ~N~.,. .... · .. AST, COL~ Exhibit "B" Exhibit "C" z EXIS'BNG RETENTION AREA -~0 N 8~-,,f--'u[- W ~l, 00' PINE RIDGE January 14, 2003 Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition CU-2002-AR-2836 Dear Georgia: Please advertise the above referenced petition on Sunday, January 26, 2003 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Trish Morgan, Deputy Clerk Enclosure Charge to: 113-138312-649110 .7. NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, February 11, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition CU-2002-AR-2836, Craig Smith, for Naples Progressive Gymnastics, requesting conditional use 19 and 20 of the UA" Rural Agricultural zoning district for sports instructional schools and camps and sporting and recreational camps per Section 2.2.2.3 for property located at 3275 Pine Ridge Road, in Section 12, Township 49 South, Range 25 East, Collier County, Florida, consisting of 6+ acres. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the 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 based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Patricia L. Morgan, Deputy Clerk (SEAL) Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT COLUE. COUN~ COUR~.OUS~ 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES. FLORIDA 34101-3044 CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS January 14, 2003 Craig Smith Progressive Engineering 3275 Pine Ridge Road Naples, FL 34109 Re: Notice of Public Hearing to Consider Petition CU-2002-AR-2836 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 11, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 26, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Patricia L. Morgan, Deputy Clerk Enclosure Patricia L. Morgan To: Subject: Georgia (E-mail) Advertising - CU-2002-AR-2836 Please advertise the attached on January 26, 2003. Thanks, Trish Minutes & Records CU-2002-AR-2836. CU-2002-AR-2836. doc doc Patricia L. Mor~lan From: Sent: To: SubJect: postmaster@clerk.collier.fl .us Tuesday, January 14, 2003 4:57 PM Patricia L. Morgan Delivery Status Notification (Relay) 17A A'FI-275217.txt Advertising - CU-2002-AR-2836 Notification. This is an automatically generated Delivery Status Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com Patricia L. Morgan From: Sent: To: SubJect: System Administrator [postmaster@naplesnews.com] Tuesday, January 14, 2003 4:50 PM Patricia L. Morgan Delivered: Advertising - CU-2002-AR-2836 Advertising - CU-2002-AR-2836 <<Advertising - CU-2002-AR-2836>> Your message To: Georgia (E-mail) Subject: Advertising - CU-2002-AR-2836 Sent: Tue, 14 Jan 2003 16:55:35 -0500 was delivered to the following recipient(s) : legals on Tue, 14 Jan 2003 16:49:57 -0500 Advertising - CU-2002-AR-2836 Page 1 of 1 Patricia L. Morgan From: legals [legals@naplesnews.com] Sent: Tuesday, January 14, 2003 5:04 To: Patricia L. Morgan Subject: RE: Advertising - CU-2002-AR-2836 rcvd georgia ..... Original Hessage ..... From: Patricia L. Morgan [mailto:Patricia. Morgan@clerk.collier.fl.us] Sent: Tuesday, 3anuary :[4, 2003 4:56 PM To: Georgia (E-mail) Subject: Advertising - CU-2002-AR-2836 Please advertise the attached on January 26, Thanks, Trish Minutes & Records <<CU-2002-AR-2836.doc>> <<CU-2002-AR-2836.doc>> 2003 . 1/15/2003 Naples Daily News Naples, FL 34102 Affidavit of Publication NapLes Daily News BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 58593036 NOTICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News/ a daily newspaper published at Naples, in Collier County, FLorida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Daily Ne~s is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class nmiL matter at the post office in Naples, in said Collier County, FLorida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for pobLiction in the said newspaper. PUBLISHED ON: 01/26 AD SPACE: 107.000 INCH FZLED ON: 01/27/03 Sign.ture of Affiant /~* ~r'~ ~---+ ........................... P~o~ Donna Chesney My Commission DD056336 Expires September 11, 2005 NOTICE OF J PUBLIC HEARING Notice Is hereby glvenl that the Board of Coun. I ~ Commls~lonors of Col-I Ilar County will hold' al ,c , lno i. 'the ~o~ Floor, Admlnlsfraflonl 3301 East Tcwnlamt Trall-I The ~d Mil com~lorl Pelflton ~.~.AR,~,I ~esslve tics, ~ condki fl..o~aj uSe 19 and 20 the Aa Rural Agrlcul~ur-I al zoning dllllrlct for! schees oncl ~ ondl Road, In Sec~:~l TOwnshiP 49 · South,I Range 25 East, Collieri Co~. Flerlda, consls. I ting of 6+ aCres. NOTE: AI Persons wlsh. I I~ to speak cm any mlnlst~d~ ~ I~ IndMdual ~o~ers be Ilmitod to 5 minutes on on~ ~torn. The Selec- tion of an Individual to speak on behalf of an or. ganlzaflon or group Is encouraged. If recag- nlzed by the Chair, a spokesporson for a group or organlzc~on may be allotted 10 min- I utes to speak on an item- Persons wishing tol i have written or graphic materials Included Inl the Board agenda pack-I ets must submit sold ma~ terlal a minimum of 3l weeks prior to the re-I spective public hearing. I in any. case, wrlffon rna-! terlals InteJxled to be considered by the Board shall be submlffed to the appr0prlate County staff a minimum of sev- en days prior to the pub- lic hearing. All material used In presentafla~s be- fore the Board will be- come a permanent par~ of the record. Any person who~q~pr.~s the ~ w~ll need a re. cord of the proceedings pertaining thereto and therefore, may need ta ensure that a Verbatim record of the proceed- Ings Is made, w~nich re- caed Includes the testi- mony and evidence BOARD OF COUNTY ~ COMMI$1SONERS ,-~ r- ~ I::: ~ \1 J:i U COLLIER COUNTY FLORIDA .TOM HENNING, CHAIR 1 ---- --DWIGHT E~ BROCK, __CLERK FINANCE ~=~w: ~s~.~,c~a ,. ~. ~ ~n. Dep~CI~ 17ll 17/I RESOLUTION NO. 03- 7 5 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USES "19" AND "20" FOR SPORTS INSTRUCTIONAL SCHOOLS AND CAMPS AND SPORTING AND RECREATIONAL CAMPS RESPECTWELY IN THE "A" RURAL AGRICULTURAL ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Uses "19" and "20" respectively of Section 2.2.2.3 in an "A" Rural Agricultural Zone for sports instructional schools and camps and sporting and recreational camps on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The petition filed by Craig Smith of Naples Progressive Gymnastics with respect to the property hereinafter described: Exhibit "B" attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Uses "19" and "20" respectively of Section 2.2.2.3 of the "A" Rural Agricultural Zoning District for sports instructional schools and camps and sporting and recreational camps in accordance with the Conceptual Master Plan, Exhibit "C", and subject to the following conditions: !7/! 1. The Planning Services Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plans, of the Collier County Land Development Code, Ordinance Number 91-102. 2. To improve the east/west ingress and egress from the subject facility, the applicant shall make every attempt to establish an integrated shared access or vehicular interconnection with the Community School access drive fi.om Pine Ridge Road to the extension of Livingston Road. Board. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second and majority vote. Done this [ [q:~ day of ~.(~.~0~ ,2003. ATTF_.4S~: .... W~HTf~;. BROCK;, CLERK . stgqatb~onl~. , ~pprovea as to ~o~ ana Legal Sufficiency: Ma~d[ M. ~tudent Assistant County Attorney BOARD OF ZONING APPEALS COLLIER ~T~DRIDA o BY: TOM HE~I,~ING,VCHAIRM~ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-2836 The following facts are found: 1. Section 2.2.2.3 of the Land Development Code author/zed the conditional uses. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes \"' No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes \' No Affects neighboring properties in relation to noise, glare, economic or odor effects: r \ No affect or ~ Affect mitigated by __ Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~' No Based on the above findings, this conditional use should, with stipulations, (should not) be recommended for approval. DATE: , -...3 CHA!RMAN: ~ c¥~,~--- ~ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR 17A CU-2002-AR-2836 The following facts are found: 1. Section 2.2.2.3 of the Land Development Code author/zed the conditional uses. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: mo Consistency with the Land Development Code and Growth Management Plan: / Yes P/ No Bo Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress /. Yes /~' No Affects neighboring properties in relation to noise, glare, economic or odor effects: t ' No affect or ~ Affect mitigated by ~ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~' No Based on the above findings, this conditional use should, with stipulations, (should not) be recommended for approval. FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-2836 The following facts are found: 1. Section 2.2.2.3 of the Land Development Code authorized the conditional uses. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborh_ood because of: Consistency with the Land Development Code and Growth Management Plan: Yes ////No ~ Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes / No Affects neighboring properties in relation to noise, glare, economic or odor effects: ~No affect or Affect mitigated by ~ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No DATE: I ~'' (')'"0 ~ Based on the above findings, this conditional use should, with stipulations, (should not) be recommended for approval. FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-2836 The following facts are found: 1. Section 2.2.2.3 of the Land Development Code authorized the conditional uses. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Ao Consistency with the Land Development Code and Growth Management Plan: Co Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress . ./~/c!..~ o c. ! ,.,-..'D'. r' '.:' :,'"' ' Yes ~ ~4~/''~/'~'' c c~ °tc Affects neighboring properties in relation to noise, glare, economic or odor effects: ~No'affect or ~ Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~No recommended for approval. Based on the above findings, this conditional use should, with stipulations, (should not) be .// 17/1 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-2836 The following facts are found: 1. Section 2.2.2.3 of the Land Development Code authorized the conditional uses. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: mo Consistency with the Land Development Code and Growth Management Plan: Y~ No~ Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate i~gress No~ Affects neighboring properties in relation to noise, glare, economic or odor effects: ~z Affect mitiggted by ~ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible us~ district Based on the above findings, this conditional use should, with stipulations, (should not) be recommended for approval. FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-2836 The following facts are found: 1. Section 2.2.2.3 of the Land Development Code authorized the conditional uses. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ~ No Bo Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~''// No Co Do Affects neighboring properties in relation to noise, glare, economic or odor effects: ,/ ~'/No affect or ' Affect mitigated by __ Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~/ No Based on the above findings, this conditional use should, xvith stipulations, (should not) be recommended for approval. DATE: ~' ~ ~ CHAI/LMAN: FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-2836 The following facts are found: 1. Section 2.2.2.3 of the Land Development Code authorized the conditional uses. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Plan: Yes / No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes / No Affects neighboring properties in relation to noise, glare, economic or odor effects: J No affect or ~ Affect mitigated by Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~/ No~ Based on the above findings, this conditional use should, with stipulations, (should not) be recommended for approval. DATE: ///~ ..c'///~ ,3 ~ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR The following facts are found: 1. 2. CU-2002-AR-2836 Section 2.2.2.3 of the Land Development Code authorized the conditional uses. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: mo Consistency with the Land Development Code and Growth Management Plan: Yes /.-"/' No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes >-' No Co Affects neighboring properties in relation to noise, glare, economic or odor effects: Do t.- No affect or ~ Affect mitigated by. Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes/-~ No Based on the above findings, this conditional use should, with stipulations, (should not) be recommended for approval. OF.'.~HL SOUTHEAST ~r OF SAID SECTION 12 FOR ..',. FEET;THENCE RUN S 09° 36"52" W FCR 592.7~ .... . , RIGliT OF WAY bI~[l~ Or ,.';> -~ .... ~ BEGINNING. CONTAINING .,.863 ~: .'." ~F'~', ~,C, ~ ) :~' 01""-THR'''SOUTHEAST ~ OF TIIE SOUTH- ~',~.~'O%~NSHtP 49 sOUTH, RAHGE 25 fl;,SC,COLI. IER · ;.[~.~:~G'.MORE PAR~CULARLY DESCRIBED A~; FOLLOt4S: [[Et:~UTi~WEST CORNER OF' Tile SOUTH~ST '~ Or SECT!GN RANGE ~S 'EAST, COLLIER CouNTY, FLORIDA, :.:R. iGHT_Ot~_WAY;. THENCZ RUN S. 89.32'07'' ~; A[,ONG SOUTHEAST ~ OF SAID SECTION 12, · 'OF PINE RIDGE ROAD .FOR A DISTANCE ;~;.~O-~.'~OI~T 100.00 .FEET EAST OF AS MEASURED AT ".~'E.-.W~ST'.LINE.OF THE SOUTHWEST ~ OF THE. ' LLE~.'WI.T}~"THE .W~T LINE 0F THE ~UTHWEST THE .~OUTHEAST ~ OF SAID.SK~'ION ~2 i~:.OFt!a-~Q0.2FEET.TO.'A POINT ON-THE NORTHERLY ,~:...OF..~%i~-RiD~ ROAD' AND THE POINT OF ~"t'~A~S~'OF LAND 14EREIH DESCRIBED:THEHCE '::H FOR A.-'DISTANCE OF 595.14 Fi"ET ~R~:.Si'NE.'OF THE S'GUTH~EST ~. OF THE SOUTI1- 'SODTHEAST'~ OF THE SAID SECTION 12;THENCE RUN -~O~G.THZ'NORTH SINE OF' THE S~THWEST ~ PiNE'~DGE RO~.~,D-