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Agenda 03/11/2003 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~ AGENDA March 11, 2003 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL.. BE LIMITED TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUt.-TY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1 March 11, 2003 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Tony Stewart, Parkway Community Church of God 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. February 11, 2003 - Regular Meeting C. February 18, 2003 - 2001 Wastewater and Water Master Plan Workshop D. February 18, 2003 - BCC Special meeting 3. SERVICE AWARDS 4. PROCLAMATIONS A. Proclamation to recognize the week of March 16th as Invasive Exotics Control Week. To be accepted by Melissa Hennig, Environment Specialist for Collier County. B. Proclamation to support the Department of Elder Affairs' initiative to make Florida a healthy environment for a lifetime. To be accepted by Gary Kluckhuhn, Director, Center for Assisted Living Innovation. C. Proclamation to recognize the Parks and Recreation staff, Beach Maintenance staff and Park Rangers for their hard efforts in making Barefoot Beach "Healthy Beach of 2002". To be accepted by Murdo Smith, The Beach Maintenance Crew and Park Rangers. 5. PRESENTATIONS 6. PUBLIC PETITIONS A. This item continued from the February 11. 2003 BCC Meetina. Public Petition request by Dr. Theodore Raia to discuss site plan for Cap d'Antibes at Waterpark Place in Pelican Bay. B. Public PeUion request by Mr. Gregory C. Cardamone to waive impact fees for the Ag Warehouse and Packing, Inc., Immokalee, FL. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. This item is continued to the April 8. 2003 BCC meetina. An Ordinance amending Ordinance No. 99-76, relating to Mandatory Street Numbering of all 2 March 11, 2003 structures and the establishing of a grid pattern for street numbering; providing for statutory authorization; providing for findings of fact; providing a statement of intent and purpose; providing for definitions; providing for requirements for posting of official address number; providing for specifications for posting official address number; providing for application for new official address number; providing for compliance relating to new construction of building repairs; providing for an amended procedure for establishing a uniform grid numbering pattern for assignment of addresses or change of confirming addresses; providing for duly advertised public hearings to rename a street; providing for monitoring of the naming of streets, developments, buildings or subdivisions; providing amended procedures for street naming; providing amended private streets; providing an appeal procedure; providing for abrogation and greater restrictions; providing a warning and disclaimer of liability; providing for enforcement and penalties; providing for repeal of Collier County Ordinance No. 97-9; providing for conflict and severability; providing for inclusion in Code of Laws and Ordinances; and providing an effective date. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Bayshore/Avalon Beautification MSTU Advisory Committee. B. Appointment of member to the Golden Gate Beautification Advisory Committee. C. Appointment of member to the Historical/Archaeological Preservation Board. D. Appointment of member to the Immokalee Beautification MSTU Advisory Committee. E. Appointment of members to the Tourist Development Council. F. Discussion regarding procurement and contract reviews by the Clerk of Courts. (Commissioner Coyle) 10. COUNTY MANAGER'S REPORT A. This item to be heard at 1 :00 p.m. Present the results of three Solid Waste RFP Initiatives, Status of Landfill Gas Project, Options for a Long-Range Integrated Solid Waste Management Program, and Recommendation for Further Action. (Jim DeLony, Administrator, Public Utilities) B. This item to be heard at 11 :00 a.m. Review the written and oral reports of the Board of Adjustment and Appeals, County Government Productivity Committee, Development Services Advisory Committee, Emergency Medical Services Advisory Council and the Environmental Advisory Council Advisory Boards scheduled for review in 2003 in accordance with Ordinance No. 2001- 55. (Winona Stone, Assistant to the County Manager) C. Request Board to authorize staff to negotiate a Local Agency Program (LAP) Agreement with the Florida Department of Transportation (FDOT) for the installation of highway lighting along US 41 East from Broward Street to 3 March 11, 2003 Collier Boulevard (CR 951) for a total cost estimated to be about $500,000. (Norman Feder, Administrator, Transportation) D. This item to be heard at 2:00 D.m. Consideration of Hispanic Affairs Advisory Board Report of Goals and Objectives as requested by the Board of County Commissioners. (Ramiro Manalich, Staff Liaison) E. This Item to be heard at 10:00 a.m. Approval of a request by the Black Affairs Advisory Board that the Board adopt a Resolution to support the name of Dr. Martin Luther King Jr. Elementary School located at 4095 18th Avenue NE, Naples, FL. (John Dunnuck, Staff Liaison) F. This item has been deleted. G. Review of Preparedness Planning Activities in the event that the Department of Homeland Security places the Nation under a Severe Risk of Domestic Terrorism (Threat Level Red). (Ken Pineau, Director, Emergency Management) H. Authorization for the County Attorney to prepare and advertise Ordinances authorizing the Extension of the Five and Six Cents Local Option Gas Taxes and the Voted (9th Cent) Gas Tax. (Mike Smykowski, Director, Office of Management and Budget) I. Proposed amendment to Resolution 2000-455 which established a fee schedule of development related review and processing fees as provided for in Division 1.10 of the Collier County Land Development Code. (Joe Schmitt, CD&ES Administrator) J. Request Board approval of Joint Participation Agreement with the Florida Department of Transportation (FDOT) for advancement of construction funds and allocation of urbanized area funds from FDOT FY 2004 and 2005 in the amount $1,080,000 for use on the SR 84 (Davis Boulevard)/CR 951 (Collier Boulevard) intersection improvement project. K. Conceptual Agreement with Lely Resorts and Stock Development Corporation regarding the extension of Santa Barbara Boulevard between Davis Boulevard and Rattnesnake-Hammock Road. (Norman Feder, Administrator, Transportation Services) L. Presentation of options regarding Livingston Woods neighborhood park. (John Dunnuck, Public Services Administrator) 11. PUBliC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. Recommendation that the Board of County Commissioners agree to stay proceedings in Collier County v. Marshall, et ai, Case No. 99-2009-CA-TB, now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida in view of Eminent Domain proceedings to be commenced by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. 4 March 11, 2003 B. Adopt a Resolution creating the Collier County Revenue Commission, an Ad Hoc Advisory Body. C. Adopt a Resolution improving the efficiency of Local Government by limiting unduly repetitious public petitions. D. Recommendation that the Board of County Commissioners, in accordance with the requirements of Section 70.001(4)(c), FLA. Stat., ("Bert J. Harris, Jr., Private Property Rights Protection Act"), consider written settlement offer options for Bert Harris Act claim of Aquaport, L.C., Norman Burke and Jim Allen. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS --..-------------------------------------------------------..---------..-------....-------..------------..------ 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. -----------------------------------------------------------------------------------..--------------------------- A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Code Enforcement Lien Resolution Approvals. 2) Approve a three-year Lease Agreement with C.P.O.C. Realty, an Illinois Limited Liability Company, for office space to be utilized by the Tourism Development Department at a first year's cost of $37,067.34. 3) Request to grant Final Acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Carlton Lakes Unit No. 3A". 4) Request to grant Final Acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Pelican Marsh Unit Seven Replat" . 5) Request to grant Final Acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Pelican Marsh Unit Eight". 6) Request to grant Final Acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Pelican Marsh Unit Fifteen". 7) Final acceptance of water and sewer utility facilities for Bermuda Bay Two, Lot 20. 8) Approval of one (1) impact fee reimbursement due to an overpayment totaling $795.78. 5 March 11, 2003 9) Approval of one (1) impact fee reimbursement of $173.28 due to building permit cancellation. 10) Final acceptance of water utility facilities for Carlton Lakes, Tract D. 11) Final acceptance of water utility facilities for Carlton Lakes, Tract U. 12) Final acceptance of water utility facilities for Lakeview SE, Tract G at Carlton Lakes. 13) Request to approve for recording the final plat of "MaJors", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 14) Request to approve for recording the final plat of "Twin Eagles Phase Two A-1" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 15) Request to approve for recording the final plat of "Twin Eagles Phase Two A-2" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 16) Approve budget amendment in the amount of $52,000 to support court- appointed receivership operation of the Lee Cypress Water and Sewer Cooperative ($10,000) and reimbursement of Public Utilities Division (approximately $42,000) for personnel, equipment and material costs related to the emergency operation, repair and water quality testing performed at the Lee cypress Water and Sewer Cooperative, as recommended by the Collier County Water and Wastewater Authority. 17) Petition CARNY-2003-AR-3721, Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation, requesting a Permit to conduct a carnival on March 14, 15 and 16,2003 in the Vineyards Community Park at 6231 Arbor Boulevard. (Joseph K. Schmitt, Administrator, CD&ES) B. TRANSPORTATION SERVICES 1) Approve Professional Services Agreement No. 03-3446 in the amount of $986,360 for engineering and permitting services to be providing by Agnoli, Barber and Brundage, Inc. for proposed roadway improvements to Rattlesnake Hammock Road from Polly Avenue to Collier Boulevard, Project No. 60169. 2) Accept a Grant of a perpetual, non-excluslve access and maintenance easement to provide for access and regular malnte~'ance by County staff to one of the canals In the Lely Canal Basis, located In Section 19, Township 50 South, Range 26 East. 3) Approval of a Reciprocal Agreement, Assignment and Assumption Agreement, and Release and Waiver Agreement between Collier County and South Florida Water Management District (SFWMD) Incident to the Four Lane Construction of Immokalee Road (Project No. 60018). Fiscal Impact: $51.00. 6 March 11, 2003 4) Approve reallocation of funding for Professional Services Agreement No. 02-3398 in the amount of $116,690.00 to provide for design for water and sewer relocations related to the roadway improvements to Collier Boulevard between Golden Gate Boulevard and Immokalee Road, Project No. 65061. 5) A Resolution authorizing the execution of a supplemental agreement from the State of Florida Department of Transportation for the Countywide Paved Shoulders Project. 6) Approve the piggybacking of a Pensacola, Florida (Escambia County) Contract to purchase lay in place polymer modified cold mix paving system (micro-surfacing) for the Road Maintenance Department, annual amount is estimated to be $50,000. 7) Approve a Budget Amendment request to transfer $267,641.78 from Transportation Gas Tax Reserves for a cash payment to First Baptist Church of Naples, Inc., for the Developer Contribution Agreement, approved by the Board of County Commissioners on October 22,2002. 8) Award Work Order No. DBA-FT-03-01 in the amount of $165,500 to Aquagenix for the 2003 Australian Pine Removal Project (Project No. 51501) and approve a Budget Amendment to transfer funds in the amount of $50,000 from Fund 325 Reserves to Fund 325 Australian Pine Removal Program Cost Center 172940. 9) Recommendation to award Bid No. 03-3459 Purchase of one (1) trailer mounted towable aerial lift to Nations Rent in the amount of $30,495. (Norman Feder, Administrator, Transportation Services) C. PUBLIC UTiliTIES 1) Approve Change Order 1 to Work Order UC-004 for the relocation of water and sewer mains related to the Florida Department of Transportation's widening of U.S. 41 from Barefoot Williams Road to East of SR 951, in the amou nt of $34,120. 2) Accept a temporary Construction Easement from Winterpark Recreation Association Inc., and Naples Winterpark III, Inc., for construction of a 12- inch sewer force main for the Palm Drive/Davis Boulevard Force Main Project (Project 73158) at a cost not to exceed $50.00. 3) Approve a Work Order for a re-nourishment engineering report as part of County-Wide Sand Search, Project 90527, in the amount of $89,678. 4) Approve Change Order 1 to Work Order 61 for construction of the Western Interconnect for Wastewater Collection Systems, in the amount of $109,486. 5) Affirm execution of time extension to Grant Agreement of United States Environmental Protection Agency (USEPA) Grant HS-8320501-1 for Water System Vulnerability Assessment at Collier County Water Facilities, Project 70170. 7 March 11, 2003 6) Authorize and reaffirm execution of agreement and amendments for time extension to the South Florida Water Management District (SFWMD) Grant Contract C-13978 for brackish water supply wells for the South County Regional Water Treatment Plant (SCRWTP) Reverse Osmosis Expansion, Project 70054. D. PUBLIC SERVICES 1) Request Board approval to apply for Library Services and Technology Act (LST A) Grant to upgrade the Library Automation System and purchase two self-check units. 2) Approve an Agreement with respect to Contract Rights and Obligations for the Sanctuary Skate Park Concession. 3) Award of RFP #03-3445, "Vanderbilt Beach Concession" with anticipated revenue of $4200 for the remainder of FY03. 4) Approve Change Order #2 in the amol,lnt of $1,868.25 for additional work at Gulf Shore Beach Access. 5) Consideration of a request by Willough Health Care, Inc., d/b/a The Willough at Naples for the Board of County Commissioners to provide a letter of support to the agency for Health Care Administration (AHCA) for their request to lift the restrictions on the Willough's current license to allow 24 of 42 existing beds for general inpatient psychiatric care. E. ADMINISTRATIVE SERVICES 1) Request Board approval for a First Amendment to Lease Agreement between Collier County and Crown Castle GT Company at an annual cost of $8,400. 2) Authorize Termination for Convenience of Contract #01-3287 "Office Supplies and Furniture". 3) Approval to award Bid #03-3439 "Annual Contract for Painting Contractors" to Spectrum Paint, Wm. T. Decker Painting and Tropex Construction. 4) Approval to Award Bid #03-3464 for "Full Service for Professional Movers" to Suncoast Mayflower, Best Moving and Storage of Naples and Naples Moving and Storage. 5) Approve Staff's Short List for Architectural Services for the design of the Emergency Operations Center, RFP 03-3448. 6) Approval to award Work Order #VC-02-05 under RFP #02-3349 General Contractors Services with Varian Construction Company for the renovations of the 5th Floor Courthouse (former Law Library area) in the amount of $172,795 for new office space for the Clerk of Courts. 8 March 11, 2003 7) Approve Change Order No. 2 (Work Order No. SC 02-07) with Surety Construction Company in the amount of $60,013.08 for additional work relating to the renovation of the Property Appraiser's leased building increasing the total amount of Change Orders to $96,915.71. F. COUNTY MANAGER 1) Approval to submit a grant application in the amount of $41,802 to purchase supplies and equipment for the Community Emergency Response Team Program (CERT) and to fund Citizens Corps Programs. 2) Approve a cost-reimbursement agreement, not to exceed $75,000, between the Florida Department of Community Affairs and Collier County to update the terrorism annex of the County Comprehensive Emergency Management Plan and for the development of a Collier County Continuity of Operations Plan (COOP) and approve a budget amendment to recognize and appropriate the $75,000 as revenue. G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner request for payment to attend the EDC membership meeting and mixer. (Commissioner Halas) I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the detailed report of Open Purchase Orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. K. COUNTY ATTORNEY 1) Authorize the Making of an Offer of Judgment to Respondents John Vassaras and Joan P. Vassaras, for the fee taking of Parcel No. 211A in the amount of $8,400 in the Lawsuit styled Collier County v. Efrain Arce, et ai, Case No. 02-2119-CA (Immokalee Road Project #60018). 2) Authorize the Making of an Offer of Judgment to Respondents Armando A. Lambert and Algis L. Mados, for the fee taking of Parcel No. 208 in the amount of $7,150 in the Lawsuit styled Collier County v. Armando A. Lambert, et ai, Case No. 02-2132-CA (Immokalee Road Project #60018). 3) Authorize the Making of an Offer of Judgment to Respondents Zunilda G. Conforte and Shelva Z. Conforte, as Trustees of the Conforte Residual Credit Shelter Trust of Rodolfo R. Conforte U1A1D 2/08/01, for the fee taking of Parcel No. 206 in the amount of $7,250 in the Lawsuit styled 9 March 11, 2003 Collier County v. Armando A. Lambert, et ai, Case No. 02-2132-CA (Immokalee Road Project #60018). 4) Authorize the Making of an Offer of Judgment to Respondent Juliann S. Boback, for the fee taking of Parcel No. 196 in the amount of $6,900 in the Lawsuit styled Collier County v. Robert iii/. Pieplow, et ai, Case No. 02- 2133-CA (Immokalee Road Project #60018). 5) Authorize the Making of an Offer of Judgment to Respondents Medaro T. Sanchez and Oliva Sanchez for the fee taking of Parcel NO. 201 in the amount of $7,000 in the Lawsuit styled Collier County v. Jeffrey A. Richardson, et ai, Case No. 02-2188-CA (Immokalee Road Project #60018). 6) Authorize the Making of an Offer of Judgment to Respondents Tim Cherrington and Max Cherrington for the fee taking of Parcel No. 202 in the amount of $7,000 in the Lawsuit styled Collier County v. Jeffrey A. Richardson, et ai, Case No. 02-2188-CA (Immokalee Road Project #60018). 7) Authorize the Making of an Offer of Judgment to Respondents Zunilda G. Conforte and Sheyla Z. Conforte, as Trustees of the Rodolfo Conforte Residual Credit Shelter Trust of Rodolfo R. Conforte U1A1D 2/08/01 the fee taking of Parcel No. 203 in the amount of $6,300 in the Lawsuit styled Collier County v. Jeffrey A. Richardson, et ai, Case No. 02-2188-CA (Immokalee Road Project #60018). 8) To approve the subordination of County's Sidewalk Easement Interests to the State of Florida Department of Transportation and waive County's apportionment claim against the property owners. 9) Approve the Agreed Order awarding Expert Fees relative to the Easement Acquisition of Parcels 733A, 733B, 733C, 733D, 733E, 733F, 833A, 833B, 933A and 933B in the Lawsuit entitled Collier County v. McAlpine Briarwood, Inc., et ai, Case No. 98-1635-CA (Livingston Road, Project No. 60061). 10) Recommendation that the Board authorize the payment of adjusted hourly rates for outside counsel in Vanderbilt Shores Condominium Association, Inc., et al. v. Collier County, Aquaport, LC, et al. v. Collier County, et al., and the Bert Harris Act Claim and ratify the adjusted rates effective as of January 1, 2003. 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. 10 March 11, 2003 A. This item continued from the February 25. 2003 BCC Meetina. Petition AVROW2002-AR2332 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the road right-of-way for Coralwood Drive which was dedicated to the County as 3rd Avenue Northwest by the Plat of "Golden Gate Estates Unit No. 95", as recorded in Plat Book 9, Page 45, Public Records of Collier County, Florida. Located in Section 4, Township 49 South, Range 26 East. B. CUE-2002-AR-3221, James J. Soper, representing Heron Senior Housing LLC, requesting a one-year extension of an approved Conditional Use for an Assisted Living Facility located at 5179 Tamiami Trail East, in Section 19, Township 50 South, Range 26 East, Collier County, Florida, consisting of approximately 4.74 acres. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 11 March 11, 2003 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING March 11. 2003 Add Item 4D: Proclamation recognizing the week of March 10 through March 15, 2003 as Brain Awareness Week, to be accepted by Tom, O'Reilly, President On- the-Gulf Kiwanis Club. Add Item 4E: Proclamation recognizing the week of March 9 through March 15, 2003, as The 25th Anniversary of the Know Your County Government Week, to be accepted by Anthony Will. Add Item 9G: Request Board to set the place and time for the Clerk, with the assistance of the County Attorney's Office, to open and count the mail ballots of the nominees to fill the vacancies on the Pelican Bay MSTBU Advisory Committee. (Sue Filson, Executive Manager, BCC) Add Item 16F3: A pprove Isles of Capri Fire/Rescue application for a matching (50/50) grant offered by the Florida Division of Forestry in the amount of $2,749 and approve the necessary budget amendments. (Staff request) NOTES: Item 101 - Note changes on fee schedule D7, K26 and N1. Item 10L - This item is not to be heard before 3:00 p.m. (Livingston Woods Park) Item 16(A)2: Title should read: Approve a three-year Lease Agreement with C.P.O.C. Realty, an Illinois Limited Liability Company, for office space to be utilized by the Tourism Development Department for a first year's cost of $30,207.42 (rather than $37,067.34). Time Certain Items: 10:00 a.m. Item 10E: Approval of a request by the Black Affairs Advisory Board that the Board adopt a Resolution to support the name of Dr. Martin Luther King Jr. Elementary School located at 4095 18th Avenue NE, Naples, FL. (John Dunnuck, Staff Liaison) 11 :00 a.m. Item 10B: Review the written and oral reports of the Board of Adjustment and Appeals, County Government Productivity Committee, Development Services Advisory Committee, Emergency Medical Services Advisory Council and the Environmental Advisory Council Advisory Boards scheduled for review in 2003 in accordance with Ordinance No. 2001-55. (Winona Stone, Assistant to the County Manager) 1 :00 p.m. Item 10A: Present the results of three Solid Waste RFP Initiatives, Status of Landfill Gas Project, Options for a Long-Range Integrated Solid Waste Management Program, and Recommendation for Further Action. (Jim DeLony, Administrator, Public Services) 2:00 p.m. Item 10D: Consideration of a report submitted by the Hispanic Affairs Advisory Board that includes its goals and objectives. (Ramiro Manalich, Staff Liaison) PROCLAMATION WHEREAS. the quali1y of life and the economic and ecological well being of Collier County are significantly dependent on the Coun1y's natural rcscKrC&S: and. WHEREAS, invasive exotic plants pose a significant threat to the Coun1y's nat\rQ1 resources with certain plants causing safe1y and health problems to County residents; and. WHEREAS. the Collier Coun1y Facilities Management. Parks and Recreation, Solid Waste and Environmental Services Departments will be removing properties NOW THER , WHEREAS. ,-- BOARD OF COUNTY COMMISSIONERS COLUER COUNTY. FLORIDA TOM HENNIN6. CHAIRMAN N~~E~~EM ATTEST: "......... DWI6HT E. BROCK. CLERIC MAR 1 1 2003 pg.j PROCLAMA rION. WHEREAS, the community consisting of a broad range of stakeholders, heraftr referred to as tM commlllity, Wl11 share the responsibility and support the Department of Elder Affairs' initiatiw: to make Florida a healthy environment for a lifetime, so all persons can enjoy living and aging in a place and in the communities they Itwte,' and, WHEREAS, the State of Florida has the highest percentage of elders of any state in the nation, and our elder population will continue to. increase, reaching numbers without precedent in the first part of the XXI CUfury,' and, WHEREAS, ir dignity, sectrity and their infrastrr,tctures Communities for a issionef"S of the collaborate, come a WHEREAS, B OF CotINTY COMMISSIONERS COLLIER COUNTY, FLORIOA TOM HENNIN6, CHAIRMAN ATTEST: OWI6HT E. BROCK. aERK N~{:t;~r)TEM MAR " 2001 pgo_ \ WHEREAS. WHEREAS. WHEREAS. WHEREAS. "- WHEREAS. NOW PROCLAMATION the Laboratory for Coastal Research of Florida InternatiOflClI University has established the NatIonal Healthy Bacu:hes Campaign. dedicated to creating a balance between the recrcatiOflQI use of CKr nation's beaches and maintaining the environmental quality and safety of this priad 1"lISCU'C&; and. Colli... COLIlty Parks and R&er&atlon staff. . Public SerYieas Division adminlstrotion. and the Board of County Commissionars recognize. as do&s the ecunpaign, that the quality of life In Colli... County is predicated on the enJoymcftt and health of our na11ra1 awironmant; and. Barefoot Beach Pr&s&rY& Park. the crown jewel of the COLIlty partes syst&lft and a plac:& beloved by thousands. has balUl recognized by the campaign as a 2002 Healthy Baach; and. Beach Collier County intain the baach's ety. continuously standards of the National conditions; . and Water r Barefoot health and of County "that gratitude and Recreation and hard work in Park as the accessible DONE AND ORDERED THIS 11th DAY OF Mareh. 2003. BOARD OF COUNTY COMMISSIONERS ~G: TOM H~. CHAl N - ATTEST: DWI6HT BROCt::. CLERK 8/i0'il/~;j?--- J._ puty Clerk COLLIER COUNTY MANAGER'S OFFICE January 28, 2003 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Theodore J. Raia, Jr., M.D. 7117 Pelican Bay Boulevard, Apt. #404 Naples, FL 34108 Re: Public Petition Request to Discuss Site Plan for Cap d'Antibes at Waterpark Place in Pelican Bay Dear Dr. Raia: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of February 11, 2003, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, //.-) . ./ / /. <::. ,~ >l~ ;';:' , .:...,''/,._-~/l /,. / .rf..p/ ,._____. ....;::. t..- r .' L ..' - :....1"1 'James V. Mudd County Manager - JVM/jb cc: David Weigel, County Attorney Joe Schmitt, CD&ES Administrator .'-''''!'I''.'~'''''':~..o~.-, . . .......~ j' ..1..J ~ ~112003 f \ I.' " ;; (.~ --~.- . . Theodore J. Raia, Jr., M.D. 7117 Pelican Bay Boulevard Apartment 404 Naples, Florida 34108 (239) 594-2851 niri1erols.com . ~-, ~ ,...,....~.-""- ~ January 13, 2003 Mr. James Mudd County Manager Administrative Bldg. F 3301 East Tamiami Trail Naples, Florida 34112 Dear Mr. Mudd: On behalf of the Pelican Bay Property Ownen Association (pBPOA) and other residents of Pelican Bay I wish to petition the Board of County Commissionen for a hearing regarding the approval of the site plan for the Cap d' Antibes at Waterpark Place in Pelican Bay. We respectfully request that the Board of County Commissionen revoke the approval because the new site plan approved in May of 2001 is in violation of the Planned Unit Development (PUD). The site plan is not in harmony with Pelican Bay, it daims to be a duster which it is not, does not meet set-back requirements, is injurious to the neighborhood and its neighbo~ and wiD not meet the Engineering Services Division recommendation for Fire Safety. . oJ Theodore J. Raia, Jr., M.D. C.C. COlD. IIaIu . ;~.' -, ~-~G~-t f'r\~1 ~ 20:3 if .. '.---~'- COLLIER COUNTY MANAGER'S OFFICE March 3,2003 3301 EAST TAM lAM I TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Mr. GregGry C. Cardamone Property and Construction Management, LLC 1205 Riverbirch Drive Knightdale, NC 27545 Re: Public Petition Request to Waive Impact Fees for the Ag Warehouse and Packing, Inc., Immokalee, FL Dear Mr. Cardamone: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of March 11, 2003, regarding the above referenced subject. _~." Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concem and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, "J " ~., "; ~ _---.-.-:z::::-~:-k. .. .~~ ~j.. ..." . -James V. Mudd County Manager /'./' ~. -... <il. / ,- JVM/jb cc: David Weigel, County Attorney Joe Schmitt, CD&ES Administrator Helene Caseltine, Economic Development Manager ~.._._"--"'.- ..~ -.~ '0 (5' MAR 11 2003 " " \ l~~:~-':::'';'''':::''~'~-== '.. J 03/03/2003 14:21 FAX 9417743802 BCC raJ 001 . ..... -.... --.. ....-.,. PIapIWty ... ~lLtIon Mr lJ'Sement,LLC February Xl. 2003 Mr. Jim Mudd County Manager comerCounly Government 3301 East TamlBmi Tl'an Naples, A 34112-4877 Dear Mr. Mudd: ~ name is Greg Cardamone and J have been hired by As Warehouse and Packing to manage the construction of an addition to their aJnent facIty Iocah::d in Immolullee. Ag Warehouse and Packi~, Inc. would Ike to formally request that you petition the Board of COunty Commissionenl to waive the Impact fees for 0" project. As you are aware we have postponed the construction or an eddltion to our produce packing shed in ImrnokaJee dUe to the inpad fees. J.::. previOUSJy dtscussed ... my emai, we can not afford to wait for propos'lJd changeS to the fee schedule. Our pennlttfng and c:onstruc:tfon time frame i9 getting tight as we need our facility before 1he end of the year. UnfortLv1ately, ow on~ option would be moving the facIIty to another county in order to make our production more affordable. We are unable to compete in 1he produce Industry with the building cost that would result from the CI.II'eIlt fee sd1edule. Thank you in advance for your consiieration. S~~, - ~~&-. Gregofy C. Canlamone ~. 11r"'~ ....... I It 12CI5,.,.,... DIM. KnflJI\tdIII.IC 27545 PhGIWP. .,&at... .~~~.....~~ -""c.- , ~ L/6 MAR 11 2003 J ' d- '-~- ~-. --~~-=-=--- EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE BA YSHORElA V ALON BEAUTIFICATION MSTU ADVISORY COMMITTEE OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on March 3, 2006, on the Bayshorel Avalon Beautification MSTU Advisory Committee. CONSIDERATIONS: The Bayshore Avalon Beautification MSTU Advisory Committee had 1 member resign on December 11, 2002. This 5 member advisory committee was created on December 16, 1997, by Ordinance No. 97-82 to provide curbing, watering facilities, plantings and maintenance of the median strips of roadways within the MSTU; provide traffic calming improvements; and, beautification and maintenance of other areas within the MSTU. Members - will also prepare and recommend an itemized budget to the Board of County Commissioners. Members must be permanent residents or owners of commercial property within the MSTU boundaries. A list of the current membership is included in the backup. Mr. David L. Benson resigned his position on December 11, 2002. A press release was issued and 1 resume was received from the following interested citizen: APPLICANT CATEGORY I Resident ~ ELECTOR ADV. COMM. I 4 I Yes I None I Thomas E. Finn COMMITTEE RECOMMENDATION: Thomas E. Finn FISCAL IMPACT: NONE GROWTH MANAGEMENT IMP ACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filso~ Executive Manager Board of County Commissioners Agenda Date: MARCH 11, 2003 .. c- ~~~ MAR 1 i 28Q3 PI- / Memorandum To: Sue Filson, Executive Manager Board of County Commissioners From: Bob Petersen, Project Manager Landscape Maintenance Date: February 18, 2003 Subject: Bayshore Beautification MSTU Sue, at their February 12, 2003 meeting the Bayshore MSTU Advisory Committee voted 4 to 0 to recommend the applicant Thomas E. Finn be acl:epted for service on this Advisory Committee. AGENO~ITEM NO. fl Transportation Services Division Road Maintenance Department MAR 1 1 2003 PI. ;l.. Bayshore/Avalon Beautification MSTU Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone . DateRe-appt 2ndExpDate 2nd Term Mr. Edmund J. Me Carthy 06125/02 03/03/05 2 + Years 3760 Haldeman Creek Drive 793-5213 Naples, FL 34112 District: 4 Category: Resident Mr. Thomas L. Welstead 11/27/01 03/03/05 3 Years 3762 Haldeman Creek Drive 732-1917 Naples, FL 34112 District: 4 Category: Resident . p ~ 5\~'rl.lO~i 11/27/01 03/03/02 Mr. David L. Benson ..e r;r"' \ \ 3 Months 4503 Lighthouse Lane \ 11/27/01 03/03/06 4 Years Naples, FL 34112 District: 4 Category: Resident Mr. Maurice Gutierrez 263-0572 08/03/99 03/03/00 8 Months 2736 Shoreview Drive 774-7022 02/22/00 03/03/04 4 Years Naples, FL 34112 District: 4 Category: Resident Mr. Bill L. Neal 03/03/98 03/03/00 2 Years 3839 Clipper Lane 774-6325 0222/00 03/03/04 4 Years Naples, FL 34112 District: 4 Category: Resident ..-- . Monday, June 17, 2002 Page10f2 AGEND~ITEM NO. d- - ~ . . ,~ r, . /. : J; 7 '>(In'J . (...\..~ \0. I ~ Pg. L .J Bayshore/Avalon Beautification MSTU Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-o.ppt 2ndExpDate 2nd Term This 5 member committee was created on December 16, 1997, by Ordinance No. 97-82 to provide curbing, watering facilities, plantings and maintenance of the median strips of roadways within the MSTU; provide traffic calming improvements; and, beautification and maintenance of other areas within the MSTU. Members will prepare and recomme.1d an itemized budget to the Board of County Commissioners. Members must be pennanent residents or owners of commercial property within the MSTU. FL STAT 125.01 Staff: Bob Petersen, Transportation Services: 774-8494 :.o~~ """"" Monday, June 17, 2002 Page2of2 Hu? ~ 1 2003 PI- l.f MEMORANDUM DATE: February 10, 2003 TO: Elections Office ~ Sue Filson, Executive Manager <dT ' Board of County Commissioners ~ FROM: RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one ofthe county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. BA YSHORE AVALON BEAUT MSTU ADV COMM COMMISSION DISTRICT Thomas E. Finn d I _ I ) 1 3524 Windjammer Circle Y{~S, I ~-n tt-I Naples, FL 34112 Thank you for your help. ~~q"JM p ,..;j : ; ?nm . I .'...~ ~'..: Pg. .s- - MEMORANDUM DATE: February 10.2003 TO: Bob Pet~ Landscape Engineer II Transportation Department FROM: Sue FiJso~ Executive Manager Board of County Commissioners RE: Bayshore Avalon Beautification MSTU Advisory Committee As you know, we currently have 1 vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a reswne for consideration. I have attached the resumes received for your review as follows: Thomas E. Finn 3524 Windjammer Circle Naples, FL 34112 Please let me know, in writing, the recommendation for appointment ofthe advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank. you for your attention to this matter. SF Attachments ~~~'J?f M /.?: ~ "n'l"J . ~'-~,-<-' ~ Pi. (p .'"" -- . _..':"~:. "" ...,. ,..._-"..';-,', Board of County Commissioners 3301 East Tamiami Trail Naples. FL 3<A~Ct:.1VEC (941) 774-8M- - Fax: (941) 774-3~02 .... ,- 0';' jAN 2 oj 20 ..' eoard of Count; eom_issioners Application for Advisory CommitteeslBoards Name: ThtM. 8 ~ ~ Pt" /J IJ Home PlaODe: 7 cr., - ~ s r Home Address: 3 b Lc{ W; IC. ~ J .it c.c 11&. ..... C I. rt: ( e Zip Code: "'3 4 l { t.. Fax No. 7' J - t, ,~ BasiDess PhODe: e-mail address:~tlJ.lL 5 +e ,. ~ A aL BusiDest: Board or Committee Applied for:~U Ga.,! '5 fA 0 ,... , ~ ea.u+t' F j c;z.-fc e> /oJ Category (if applicable): ~pIe: C.~_L.oL_ DiItrid, Developer, ~- ,lay penoa. de.. Are you a registered voter in Collier County: Ves V No Do you curreDtly hold public office? Ves No v--- If 10, what is that office? Do you DOW serve, or have you ever served., on a Collier COlUlty board or committee? Yes Ifya, please Ult the committeeslboanls: No {../ Please list your community activities (civic clubs, neighborhood associations, ete. and positions held: "..: .,. e lfO C. C , \\. 1\ .... ,-to ) E.......ioD: e:..~ i~~ e.;: T fY61 ~ S"j;+e US!" · F IV!:...> Y..K t;..,.&4l., ~ _~ ___l !!!!!__ ftk 1 _ '( ..... -!!...~ t!! _ ,---~ " ExperieDce:(e:t:cr,:d r:~.""'" HL>~~~ ZlJp ~e ";i e:.tc...., r;.&. -r...fewa~. _.. I H aA.tI r ~ c:.._ V_" --- . t=-~~ _ _-:J-.~ e... e - .+ ~:::+'~ ,,;~ ~~ +e~"~ 2 U..... + · F ~ef it t F' .. ~"","t, Ie FG.~ $.le:l, r,...,.r-t-" Lelr(lLf "tCC"c.Wr~+&'l&t.. . u_ _ t .~ '...... t.! f, _.' -' , ro~o~ . "". -' '-' j Pi. '7 n-..... ..... Jz.:........ -.r-...y.-I..".-... 71rir ....r-- u-lil -I.. _MIl III s- ~ - ~ -Ie....., {" 0 0--.., V.' E.- T..... TNif. ~ FI. J411~. II~..... ",...1-".- -'-6"" -: If III (f41)114-3~2 Dr ...._nurlibodUo1&fn",.INI. 1TIMi~/t1rI.l' - ...----..~-I~c...l). "-;'J,*.."-~~,,,,,,:,'l: EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE GOLDEN GATE BEAUTIFICATION ADVISORY COMMITTEE OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on October 6, 2005, on the Golden Gate Beautification Advisory Committee. CONSIDERATIONS: The Golden Gate Beautification Advisory Committee has 2 vacancies due to resignations. This 5 member committee assists the Board of County Commissioners in handling the matters pertaining to the taxing district which was formed for the purpose of beautification and maintenance of landscape improvements within the road right of way as described by ordinance boundaries. Terms are 4 years. A list of the current membership is included in the backup. Mr. Phillip E. Mudrak and Mr. Glenn E. Wilt resigned from the committee in 2002. A press release was issued and 1 resume was received from the following interested citizen: APPLICANT CATEGORY mn ELECTOR ADV. COMM. I Patricia Spencer I Precinct 626 I 3 I Yes I None COMMITTEE RECOMMENDATION: No recommendation FISCAL IMP ACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confrrming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: MARCH 11, 2003 hGENDA lJ,EM NO._~ t--1AR 1 1 200? Pi. I ,- Memorandum To: Sue Filson, Executive Manager Board of County Commissioners From: Bob Petersen, Project Manager Landscape Maintenance Date: February 18, 2003 Subject: Golden Gate Beautification MSTU Sue, at their February 11, 2003 meeting the Golden Gate Beautification MSTU Advisory Committee did not have a quorum to vote on the new member, Patricia Spencer. Staff found this applicant met all of the requirements for this position. The Advisory Committee member present was in favor of this new applicant. ~~'? Transportation Services Division Road Maintenance Department t.~ 4P ~ 1 2003 Pa. J..... Golden Gate Beautification Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Phillip E. Mudrak (f%twttl ~ 12/12/00 10/06/03 3 Years 4396 20th Avenue, S.W. ~.A.\JO 352-4472 Naples, FL 34116 District: 3 Category: Precinct 625 Ms. Barbara Segura 821-3601 12/17/02 10/06/06 4 Years 2343 41st Terrace, S.W. 348-8863 Naples, FL 34116 District: 3 Category: Precinct 625 Ms. Norma Lees-Davis 455-1712 12/17/02 10/06/06 4 Years 1725 45th Terrace, S.W. 455-6368 Naples, FL 34116 District: 3 Category: Precinct 625 . ~r',J o"V 09/11101 1 0/06/05 4 Years Mr. Glenn E. WlIt "1",,1/ 5019 31st Avenue, S.E. 35~843 Naples, FL 34116 District: 3 Category: Precinct 625 Ms. Cheryle L. Newman 11/07/95 10/06/97 2 Years 5101 31st Avenue, S.W. 353-7969 11113/01 10/06/05 4 Years Naples, FL 34116 District: 3 Category: Precinct 626 Friday, Decembu 20, 2002 Page J 0/2 AGENO~rrul. NO. /3 tit. ':1 , · ?nn" C' " I' ~ I I t' I .; t ., . _....v"'-~ pg. 3 Golden Gate Beautification Advisory Committee Name Work Phone Home Phone Appt'd Exp. Date DateRe-appt 2ndExpDate Term 2nd Term This 5 member committee was created by Ord. No. 87-78 to advise and recommend as to the beautification and maintenance of landscape improvements within the road right of way as described by ordinance boundaries. The committee shall prepare an itemized budget of the amount of money required to carry out the business of the committee for the next fiscal year. Amended on September 3,1996, by Ord. No. 96-50 and 96-51. Precincts are 623,624,625, 626,627, and part of 622 FL STAT 125.01 Staff: Mike Levy, Senior Secretary, Transportation: 774-8494 .....c;-- ~~~7JM , Friday, December 20, 2002 Page 2 of2 H~? : ~ ?n:1') . ......'....w" PI. if MEMORANDUM FROM: January 14, 2003 Elections Office ~./ Sue Filson, Executive Manag~ /f' ' Board of County Commissioners DATE: TO: RE: Voter Registration - Advisory Board Appointments The Board of County Corrnnissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. GOLDEN GATE BEAUT. ADV COMM COMMISSION DISTRICT Patricia Spencer 5401 25th Place, S.W. Naples, FL 34116 ~e~ 3 Thank you for your help. ~ '1.:103 ~311103 ' ;UOI. r :1]1":' g~ \.:'1~1 L W3 .10" ~.. .'_ ~ 1..- .~l.," i":.j,C "::' T :? ~!,; ~ i "'," "QEN[)~~' " ,." 10.,)0,. . . ~ m.,'- ~ u\ P ~ . ?n'1'J . i'-:~ \...'\0. Pg. S MEMORANDUM DATE: January 14,2003 TO: Bob Petersen, Landscape Engineer II Transportation Department (;,{ Sue Filson, Executive Manager...;J -f ., Board of County Commi~ioners FROM: RE: Golden Gate Beautification Advisory Committee As you know, we currently have vacancies on the above-referenCed advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Patricia Spencer 5401 25th Place, S. W. Naples, FL 34116 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments ~~lffjM - M.",? t i 2D03 PI- ( f) . Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941)774-3602 Application for Advisory CommitteeslBoards Name:_Patricia Speaeer Home PIio_: 304-6886 Home Address:_54011S- Place SW, Naples, FL_Zip Code:_34116 Fax No._no Bumess Phone:_no e-mail address:gospencer@yahoo.com Business:_no Board or Committee Applied for:_Gelden Gate Bca.tific:ation Committee Category (ifapplicable):_lay person, retired Eul8p1e: Commisaio_ District. Dncloper. c.viro___talist.lay pel"l8ll. ek. Are you a registered voter in Collier County: Yes X_No Do you currently bold public oflke? Yes No_X IT so, what is that office! Do yoa aow serve, or have you ever served, 011 . CoUier Coaaty board or committee! Yes _X_ No If yes, please list tile committeeslboards: I am a member of the PAC (pathway Advisory Committee) for Collier County Please list your c:ommunity activities (civic: clubs, neighborhood associations, etc. and positions held: Golden Gate Civic Assoeiation Member Education: High Scltool Es.perieDce:_ Worked for Hewlett Packard ia SaD Jose, CA for 20 years. My last position witlt HP was Opentions Manager for DistribDted LearaiDg CeDters ia the CompDter Hardware Division. 11a6e.-d ..,....... iII/.~1"ful pmlullL nlr ~ diHIU kf_.nu III s_ 1JbMa. EJucJdlR M--rer III die IJ#HIM ofC-,! C...fri--. 33'1 Eat T...... TNIl. N",.., FL 3411~ 1/1- wid, "...fU1- .,pIlf rt' . III (Hl)774-3~1., ~ III _J:"~,"." n..-~f"" II .. ,..- tU ~ tl{CoIIiItr C...,.. AGEND.\.ITEM NO. =tf! MAR 1 1 2003 PI- 7 ;J1,\f.~,.~:<1 EXECUTIVE SUMMARY ",.,..-... APPOINTMENT OF MEMBER(S) TO THE mSTORICAL/ ARCHAEOLOGICAL PRESERVATION BOARD OBJECTIVE: To appoint 1 member to serve a 3-year term, expiring on October 1,2005, on the Historicall Archaeological Preservation Board. CONSIDERATIONS: The Historic/Archaeological Preservation Board had 1 term expire on October 10,2002, representing the category of A'chaeology. This 7-member board is vested with the power, authority, and jurisdiction to designate, regulate, and administer historical, and archaeological resources in Collier County, under the direct jurisdiction and control of the Board of County Commissioners. Members must comply with the financial disclosure laws of the State. of Florida. Terms are 3 years. A list of the current membership is included in the backup. The term for John W. Thompson expired on October 10,2002. A press release was issued and resumes were received from the following 3 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. - A. James Meeroohl Finance/Real Estate 2 Yes None Philip M. May Finance/Real Estate 1 Yes None John W. Thompson Archaeology 2 Yes Historical/Archaeological Re-ADot. Preservation Board COMMITTEE RECOMMENDATION: John W. Thompson FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confIrming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: MARCH 11,2003 AGENDA ITEM NO. qt. ,- ~iAI' ~ : 2003 PI. Memorandum TO: Sue Filson. Executive Manager Board of County Commissioners FROM: Ray Bellows, Chief Planner Current Planning Section DATE: February 19,2003 SUBJECT: Historic Preservation Board Vacancy Please be advised that the Collier County Historic and Archaeological Preservation Board has discussed the request for consideration relative to the vacancy on the above referenced advisory committee. The Preservation Board has received resumes from A. James Meerpohl, Philip M. May, and John W. Thompson. Based on the Preservation Board's review of all the applicant's resumes, they have categorized the applicants as follows: A. James MeerpoW B. Philip M. May C. John W. Thompson (Finance/Real Estate) (Finance/Real Estate) (Archaeology and History) The Preservation Board also determined that A. James MeerpoW and Philip M. May only had limited experience with historic preservation while John W. Thompson was determined to be the most qualified. As a result, they recommend the appointment of John W. Thompson to fill the Archaeology vacancy. If you have any questions concerning this matter, please do not hesitate to contact my office. RVBIrb cc: Joe Schmitt Susan Murray ~~M ..~" p, ~ ~ '0(11 I' I. .. '_ . . ~.~ ... PI. ~ Historical/Archaeological Preservation Board Name Work Phone Appt'd Exp. Date Term HOlM Phone DauRe-appt bldFr:pDate . 2nd Term Ms. Diane M. Gonzalez 649-0088 09/01/92 1 % 1/95 3 Years 809 WalkerbiJt Road, 'Suite 3 434-8696 10/23/0 I 10/01/04 3 Years Naples, FL 34110 District: 2 Category: Citizen-At-Large Ms. Joanne Marro Quinn 03/24/98 10/01/98 7 mo. P.O. Box 8142 261-9468 10/23/01 1 % 1 /04 3 Years Naples, FL 34101 District: 4 Category: Citizen-At-Large Mr. Alex Dusek 09/01/98 10/01/00 2 Years 963 Fountain Run 774-2428 10/1 0/00 10/01/03 3 Years Naples, FL 34119 District: 3 Category: History Mr. Thomas W. Franchino 263-8357 07/3 1/01 1 % 1/02 1 Year I 83 Westwood Drive 10/08/02 1 % 1/05 3 Years Naples, FL 34110 District: 2 Category: Real Estate/Land Development Mr. William J. Dempsey 649-4900 10/10/00 10/01/03 3 Years 1836 Harbor lane 417-5683 Naples, FL 34104 District: 4 Category: Citizen-At-Large Mr. William J. Tyson 09/08/98 1 % 1/00 2 Years 732 Hernando Drive 394~OO 10/10/00 10/01/03 3 Years Marco Island, FL 34145 District: 1 Category: Landscape Architect Wednaday, October 09, 2002 Page 1 of2 ~~4~ t.' /..) .; .. ?no" ..'I, 1 I .L ~ Pg. 3 Historical/Archaeological Preservation Board Name Work Phone Home Phone Appt'd Exp. Date DateRe-appt 2ndExpDate Term 2nd Term Mr. Iohn W. Thompson 576 Retreat Drive, Apt. 202 Naples, FL 34110 Distrkt: 2 Category: Archaeology 10/15196 597-2269 10/12/99 10/01/99 1 % 1/02 3 Years 3 Years / This 7 member committee was created by Ord. No. 91-70, and repealed and amended by LDC Div. 1.22.1 Ord. No. 91-102. This board is vested with the power, authority, and jUrisdiction to designate, regulate, and administer historical and archaeological resources in Collier County, under the direct jurisdiction and control of the Board of County Commissioners. Membership is composed of 7 members from the following categories: a. history; b. archaeology; c. Real Estate, land development, or finance; d. architecture; e. law or urban planning; and, f. 2 positions will be filled by citizens at large. Terms are 3 years. nSUT ' ~ Ylntl ~I Itnl1(~ Staff: Ray Bellows, P~F1iR8 ~rvic ~irAt!t"'r. --403-2400 ~~~~ i'::~i~ ! i 2003 Pg. i Wednf!Sday, October 09, 2002 Page2of2 MEMORANDUM ~. .. ~ ' I ! , .' , .:.- .~ DATE: January 13,2003 FROM: Sue Filson, Executive Manage Board of County Commission , - .'1.- - . "'UPE,')''-j" n.". :' . ' .. \. .;~.'I u;' tLEI; j ;O'~~ \ , COllll:;"' CO' f."1 j .. 'j ..II,.... ~ ~ TO: Elections Office RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. mSTORICAL/ARCHAEOLOGICAL PRES BD COMMISSION DISTRICT A. James Meerpohl 6170 Cypress Hollow Way Naples, FL 341 09 '--( .e..J d- Philip M. May 237 St. Andrews Boulevard Naples, FL 34113 L{,e..s John W. Thompson 576 Retreat Drive, Apt. 202 Naples, FL 34110 ~-es d- Thank you for your help. ~~ I; ,) ! 1 2003 Pg. S- MEMORANDUM DATE: January 13,2003 FROM: Ray Bellows, Principal PIann:1f Sue Filson, Executive Manage J Board of County Commission ~ TO: RE: HistoricaV Archaeological Preservation Board As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: A. James Meerpohl 6170 Cypress Hollow Way Naples, FL 34109 Philip M. May 237 St. Andrews Boulevard Naples, FL 34113 John W. Thompson 576 Retreat Drive, Apt. 202 Naples, FL 34110 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive sununary for the Board's consideration. PJease categorize the appHcaDts in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments AGENDA ITEM NO. qt!.. - t.;t} ~ ~ 2Q03 Pi. f.g 01/06/2003 1%:30 FAX 941774360Z Hce 'IY"'''''''' ~'Ei;;.~;:.~tt,~~~~~: ,[f1~i,~:~;i. .. ->;.:-..."......," . ..~ '-~11 -.=.;. '._'~ Board of Count) Commissioners 3381 Eat TanWuni TnIiI Naples. ilL 3411% (941) 774-8O!17 Fac (941) 774-36D2 '-'&ppnca~ for Advisory CommitteesJBoards N..e:,t/, .:.JAmes 'eE1(~lJrlL H.... PItoae: .59/-1 7'1.7 H.....Address: _~/ 7/J I!YjJ,eerf /lbl/IJ"U) ttJay ZlpC": 3'11 () 1 "~No.~t)s(;)3 B_iDenPbo..: O'io/-~ __.aUaddress: ~~,.... AU!!~r~IJI.I@.sea~ /J1 ~ .# ~ v , C B___: AttSH tlSA, TN~. ~ iNTN1btJ"T7~ -n,~~~~ ~ BGIII'IIar Co_aUt... Applied t'ar: JJ~Iht!.k 1 Ai1.~67J"I..D~tli4-c- .6~ Catecory (if applicable): rC.iflf7tJ &T-i.. A~ t:!'Sntl-71!r . E_pla c-...... .....Ie.. ......-IND- Ia7 ...-,eIC. Are yoa . reKistered "oter ba CoWer C__ty: Ves )( No Do yoa carreDtly hold pablk .1Iice! Ves No X )I so, wat is .....1 oIIice! Do yoa ._ s~e. or hYe you ever scrwed. IfYDo"'-' tile _......,....nts: No =:-~~~~~~~dd:::r ~::- . ~~- . -;..~ ty.n;:... ~ ~ ~:~h~7"i1 Au~ C#,nhl, 7T1Ir ~,.,Itt~ _,- ~ E~l~: ~~~~~~y ~~~ S;#H~,~~.d .:z:~atte~67' ~~~g;:i~:.;t?~=~~~ ___--=- J___ _ __=f".tJ.Gr ~~ '~"'da~~ J992- ;Z;'~?ffl~1i:;~f:f.'"'$:~ ~"';;f~r~~~r Pf__-* -., ~I iIIf___,..f"',,-- nu ."""r."".,....N ar.fi1rw,.,-,l-" &..r...... ~.~..... """"'.fc-., C-~ J!.,...,,...,...., TNl4N..... n '4'U..q:1-.... ~f-'-lIpJI""" *,(HI'774-~IW2.r ....."..~ ~... __ no-t.-JW.........A-~.._.........."!f~~. AGENDA ITEM NO. q<!.. ~,~ f~ Q ~ 1 2no~ I " \ I. 1 ~ .... '" Pg. 7 - "iiiP. G'd EOSO loSS I...S W~~ 'd^'t40d~~~W w~r dtG=SO EO SO uer Jan-06-Qa 15:51 FrcI-WACHOVIA SECURITIES +Q414302839 T-T16 P.02/03 F-124 ..... . ... . ....... . Board of County Commissioners 33011a1t T...mI Trail Naples, ~ 34112 (941) ""+IfJ'Y1 Fa: (941) 774-3612 Application for Advisory CommitteeslBoards Na..:.Yh,\\~ ~.~v+~ I Ch~c. Ha"OPlaOM: 1Q)-n7'j Bailie Addr...~37 ~ f- ~J 13L cJ 1> . ~ Cude: ?~ II '3 FlzNo. \(~6 :2 ~3cq BIIIi...PllGJIC: 4"0 - 2.., ""} 3 .......add.-..a: (f~f4....t (9 fvA(HOCJI~ ~f(. (4 B.......:_-\~\~^NCI..Al- ?LAv.JvV eR- Board or COllllaittee Applied IDr: J..j1.ff7)a\C,f1tc-!A-tLH-ALf.,tbr ~~ '- Pr2.~!; _ ~ Category (Ifapplicablc): ;:::1 tIJ A#..JCW ~ -E04- t ~ Eu.pk: ea....... DiIIrIoct. DcrcJqpcr. CIIYina... J ........t&. Are yo_ a rolittered voter iD CoWor Couty: Y u V No Do you carrelltly bolcl p.bUc oflic" Yes Ir.o, wbat hi tlaat omee? Do;' ."JU'W, erlaaw y.-lNtr ..ned, OG . CollIer eo...,. bOIl'" or ~..! YeI If)'lll, .....Isttll. ~lW'dl: No ~ NO~ Please lilt )'0'" OODllllIUIity activities (civic dabs, neighborhood aaodadou, etc. aDd poaitiou lleld: .;:: ,7Z- r'f'.."ffl. 1W'#i3 eI2. U to- '1 C 1 v' t:- 4- ..{ So C << A-"JI d ""'" Ed..tiaa: 5.. 5;. 5us \ J..JE..!.r ~M',0, E~riacc: ~. ~A<.kC:i} ~,o o:S\.cC en: Ff . 10..- . r'.,,'_-" ...-- .U.:J , , .,"''''... . "'-'V'" ...~ <;? .- JIIaH IIUIfdr ..., fMI"~6_ """""",,-/-' ,."",.... ra,. tIpIIII:tIIIM ",..", './kInNM-,..va.. ,.,..,., ...",.,. ".".,.... drIt ..." .,c.ruu, cn.-w_...... nil ... ,...,.., nwD. N41Ia. J1f. J411'- 117- wfdr, ",...ta,.., ."ll..-l.. ,. (HIJ'I'1+-1Mrl ",. -.Ii*' p....-..(iiW..--..t DMIJ""'./iIPl"rll<lIII~ ,..,.. ..........~ .,CeIIcr~. Jan-06-03 15:51 From-WACHOVIA SECURITIES -... - -" ....::: "." ~- -~~:::.' ~ ~.: :' .::. :~~.~~,~~-.~_:~,..:_~'j~ '-'> ~~:.:":'::--~' "'~-:-. . :~:. ......- -,;. .... :' - ... -:. - :'.~-:.~.~ .'r~:,~'~;': .. ~;~~i.~~~~*~~;i:fi~~i.~~~~~it~},~~~}}r0;};~ / I I I .' ... . . ..1 ~~1~!~~g~~~~f~~~~~r.~~~~~.~~~ -: :-".~' ~ '.::.1 .::.~ :'~. I . )~... .~: ; j ",":U .' .::'.":,., .. .1.:..,/':;. "'\" . ... ~.... . ~. +8..1..302838 T-716 P.03/03 F-124 With more than 2.0 years of experience in the financial services industry, Philip May Is committed to providing his clients with the highest level of prot86Siooalism and personal setVice. He specializes in com- prehensive retirement and tin.ancia1 planning and believes a good investment program builds personal wealth--consistent with each client's risk tolerance. Once he fully understands his client's goaLi, he will recommend a suitable inves~nt program and monitor it on an ongoing basis. A Chartered Financial Consultant, Mr. May also holds his Florida life insurance, health insurance, and real- estate licenses. Before joining Wachovia Securities, he was a financial adv\~r with Dean Witter Reynolds and a regional sales manager with Proteetive Life Corporation. At Protective Life, he traveled four states. helping brokers understand annuity and life insurance products to better serve their clients. He earned his bachelor's degree in business from Central Miuouri State University in Warrens burg, Missouri. He has also received the Army Commendation Medal from the U.S. Army Security Agency- Mr. May focuses his efforts on what he refers (0 ; .comprehensive lifestyle planning,. which provides his clients with a clear set of financtal str.ltegies imple- mented to help them reacl11ong-term goa1s.ln addition, Mr. May specializes in: Financial and retirement planning . Small business planning Estate preservation and transfer WACHOVIA SEUU.KI.'I'.i13S 4861 Tomiami Trail, North Naples. R. 34103 (941) 430-2133 . 1-888-281~94 prnayCPwachoviasec.com ., I Wuho\lill Securities, Inc.. IPmDbm: NYSE and SlPC. C acoa Wachovla Securitia. 31986 1toa AGENDA ITEM NO. qC' . h;;, ,.1 · ?no'" 1':. ,j , ;...Ii J Pg. '1 JOHN W. THOMPSON 576 RETREAT DRIVE, APT. 202 NAPLES, FL 34110 C:,<< :)C;,...... December 16, 2002 Ms. Sue Filson Collier County Board of Commissioners Collier County Courthouse Naples, Fl34112 Dear Ms. Filson, ....:'.:.;1 :',;-. .,,:--, . My term on The C.C. Historical and Archaeological Preservation Board expired in October. It is my understanding that no one has been found to fill the Archaeology seat. I, therefore, apply to fill the vacancy. I presently am Director of the Craighead Archaeological Laboratory at the Collier County Museum. These two organizations need to work closely together. I have attached a Resume. You, (~ LP'J ~~~_ . Thompson ~ A~ITEM NO. r_ t, Ii; ;)' : 2003 Pi. /0 RESUME, JOHN W. mOMPSON Born:A~t 15,1923 Chelsea Massachusetts Education: B.S. Chemical Engineering, Tufts University, 1947 B.S. Engineering Management, Northeastern University, 1953 Service: Lt.Gg) US Naval Reserve, February, 1944 to March, 1946 Employed by Monsanto Company in Engineering and Personnel Management positions. February 1947 to May 1981.Everett, Mass., Trenton, Michigan, St. Louis, Missouri. Resident of Florida, Collier County, since 1981 Now at 576 Retreat Drive, Apt. 202, Naples, F134110, 239-597-2269 Archaeology experience: President of St. Louis Chapter, Missouri Archaeological Society. Trustee, Missouri Archaeological Society Trustee, Cahokia Mounds Museum Society. President, Treasmer and Director, Southwest Florida Archaeological Society. Treasmer and President, Florida Anthropological Society. Director, Craighead Archaeologiy Laboratory, Collier Cmmty Musewn Received ~~Lazarus Award" from The Florida Anthropological Society. Top award to avocational archaeologist. AGENO.\JTEM NO. ~c. MAR 1 1 ?no':) ~ -..... '\.: Pg. II '~'7":,~::~", ,__.:,;..._ EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE IMMOKALEE BEAUTIFICATION MSTU ADVISORY COMMITIEE OBJECTIVE: To reappoint 1 member to serve a 4-year term, expiring on September 23, 2006, on the Immokalee Beautification MSTU Advisory Committee. CONSIDERATIONS: The Immokalee Beautification MSTU Advisory Committee had 1 term expire on September 23,2002. This 5-member committee advises the Board of County Commissioners on the budget and related matters pertaining to the beautification taxing district. Members must be residents of the Immokalee Beautification Taxing District. Terms are 4 years. A list of the current membership is included in the backup. The term for Sharon K. Tims expired on September 23, 2002. A press release was issued and 1 resume was received from the following interested citizen: APPLICANT CATEGORY DIST ELECTOR ADV. CO MM. Sharon K. Tims Re-A t MSTU Resident Immokalee Beautification Comm COMMITTEE RECOMMENDATION: Due to a lack ofquonml there is no recommendation FISCAL IMPACT: NONE - GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the request for re- appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: MARCH 11,2003 -, AGENDA ITEM NO._qD t,~Ai~ i i 2003 Pi. Memorandum , To: Sue Filson, Executive Manager Board of County Commissioners From: Bob Petersen, Project Manager Landscape Maintenance Date: February 20, 2003 Subject: Immokalee MSTU new member Sue, at their regular scheduled meeting the Immokalee Beautification MSTU did not have a quonnn, however, it was the consensus of the members present to recommend Sharon K. Tims to be appointed to this committee. . AGENDA ITEM NO. qo Transportation Services Division Road Maintenance Department ;") ; ~ 2GG? PI. .;t I mmokalee Beautification MSTU Advisory Committee Name Work Phone Appt'd Exp. Date Tenn HOllie Phone DIlteRe-tqJpt 2ndExpDate 2nd Term Ms. Rita Avalos 657-3681 09/23/86 09/23/88 2 Years 1507 Eighth Avenue 11/14/00 09/23/04 4 Years Immokalee, FL 34142 Distrit:t: 5 Category: Ms. Cherry Ie Thomas 10/04/88 09/23/92 4 Years 1205 Orchid Avenue 11/14/00 09/23/04 4 Years Immokalee, FL 34142 Distrit:t: 5 Category: Mr. Dorcas F. Howard 657-5115 03/28/89 09/23/92 4 Years P.O. Box 154 657-3492 11/14/00 09/23/04 4 Years Immokalee, FL 34143 Distrit:t: 5 Category: Ms. Sharon K. Tims 11/14/00 09/23/02 2 Years / 202 Eustis Avenue Inunokalee,FL 34142 District: 5 Category: \ .{""-\'" ; ~~ (\ ~'-.....l. -J:..')....-.. "l -, ~ ......-' - 12/15/92 Ms. Denise A. Smith (' - - :;" 657-3171 09/23/94 2 Years /' 607 Nassau Street, Apt. #1 657~242 02/09/99 09/23/02 4 Years llmrnnokalee,FL 34142 Distrit:t: 5 Category: !"':'.-!"__ _......;__ . ...--.___,!!!,._, _ ~...~~""""... .,. -"..;...~ .To-_~-. Wednaday, Novtlmber 15, 2000 . ..-c",,,,;-r:'~""=""'"':=-p;;;i~~2---' -~==-~~'" ""'~A JTEM NO. qn ~, . .- ! ';' ~ . ?!"l11 . .-. ..,\. PI. 3 Immokalee Beautification MSTU Advisory Committee Name Work Phone Appt'd Exp. Dale Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member committee was created by Ord. No. 85-65, amended by Ord. No. 90-8 and 92-40 to assist the Board of County Commissioners in the business affairs of the Irnmokalee Beautification Taxing District, and prepare and recommend an itemized budget to carry out the business of the district for each fiscal year. Membership represents the population of the area within the Immokalee Beautification District. Tenns are 4 years. FL STA T 125.0 I Staff: Mike Levy, Senior Secretary, Transportation Operations: n4-8494 --- - Wednnday, Novembu 15, 2000 "~...~--~~':J:!!IF'"___C!I"..~_ _-..c:::I.'I._~_--FlPi Page 2 of 2 ~- .- A ITEM NO.~ ,. ~ '.. ~ .' , ')1"\'1') .. '. I ;""A'.J<.,." Pg.~ MEMORANDUM DATE: February 10, 2003 FROM: Elections Office ~ l Sue FiIso~ Executive Manager Board of County Commissione I TO: RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. IMMOKALEE BEAUT ADV COMM COMMISSION DISTRICT Sharon K.. Tims 202 Eustis Avenue Irnmokalee, FL 34142 Yes, dStncJS Thank you for your help. ~~i r ' i : I I JI"'._"".... '. .( . :..". \oloJ PI. oS MEMORANDUM DATE: February 10, 2003 TO: Bob Petersen, Landscape Engineer II Transportation Department FROM: Sue Filson, Ex<:<:utNe Manager '- QQ, I Board of County CommissiO:rzJ ~ RE: Immokalee Beautification Advisory Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Sharon K. Tims 202 Eustis Avenue Immokalee, FL 34142 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF J\ttJrJunents AGENDA ITEM NO. _.9~_ r A I , i ,..-....,.,. ~ Pi. =- ~ I Sharon K. Tims 202 Eustis Avenue Immokalee, FL 34142 E-mail timssh@collier.kI2.fl.us To Whom It May Concern: RE: MSTU Committee It has been a pleasure to serve on the MSTU committee. I'm presently the chairman of the board for the Immokalee area. Mr. Petersen has directed -me that I need to express my interest of remaining a member ofMSTU committee. I would like to thank you in advance for your consideration. If you need any other information you may contact me at the above E-mail address or call me at (239) 867-3100. Sincerely yours, Sharon Tims AGENO~~M NO. H t-) : : ?nf'\~ . .. .. ,_.-..\lI\d PI- 'I EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE TOURIST DEVELOPMENT COUNCn.. ~,- OBJECTIVE: To appoint 3 members; 1 representing an Owner/Operator, 1 representing Everglades City, and 1 representing an Ad Hoc Advisor, with the terms commencing on April 21, 2003 and expiring on April 21, 2006, on the Tourist Development Council. CONSIDERATIONS: The Tourist Development Council has 3 terms expiring on April 21, 2003. This 9 member council was established by Ordinance No. 92-18 as an advisory committee to make recommendations to the Board of County Commissioners regarding a proposed plan of uses for tourist development tax revenues, for the effective operation of the special projects or uses of the tourist development tax revenues, and to review all expenditures of revenues from the tourist development trust fund. This council consists of the Chairman or designated representative of the Board of County Commissioners, 2 elected municipal officials, 3 owners or operators of motels, hotels, recreational vehicle parks, or other tourist accommodations in the county and subject to the tourist taJ4 3 individuals involved in the tourist industry who have demonstrated an interest in tourist development, but who are not owners or operators of motels, hotels or other tourist accommodations. The council shall meet at least once each quarter. Terms are 4 years. A list of the current membership is included in the backup. The tenns for Jerry Thirion, representing Owner/Operator; Gene Vaccaro, representing Non OwnerlNon Operator and H. Kent Stanner, representing Ad Hoc Advisor will expire on April 21, 2003. A press release was issued and resumes were received from the following 8 interested citizens: "",-'" APPLICANT CATEGORY DlST ELECTOR ADV. COMM. David Lovine: Everglades Citv/Non Owner/Operator 5 Yes Ochotlee Fire Control Robert J. Dietor Owner/Operator 1 Yes None H. Kent Stanner-Re-appt Ad Hoc Advisor 4 Yes TDC Helena W. Velasco Ad Hoc Advisor 4 Yes None Ronald Albeit Owner/Ooerator 2 Yes None Clive Walcott Owner/Operator 2 Yes None Iris Ellis Ad Hoc Advisor 4 Yes None Ann Olesky Ad Hoc Advisor 5 Yes Rural Lands and Imm EZDA NOTE: There are 3 vacancies: 1 Owner/Operator; 1 representing Everglades City; and, 1 Ad Hoc Advisor. COMMfITEE RECOMMENDATION: No Recommendation FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment, appoint 3 members, and direct the COWlty Attorney to prepare a resolution confirming the appointments. AGENDA ITEM NO. qr - Prepared By: Sue Filson, Executive Manager Board of County Commissioners ~ 1'1 D, 1 1 "1"0') '''d,f\ ~ j L:....'v... Agenda Date: MARCH 11,2003 Pg. I <S~ Memorandum To: Sue Filson, Administrative Assistant, Board of County Commissioners From: Jack Wert, Dirac '. February 12, 2003 Date: Subject: Collier County Tourist Development Council Member Vacancies I have reviewed the submissions from the applicants seeking appointment to the Collier County Tourist Development Council. By State Statute 125.0104, the IDC consists of nine voting members; three elected officials, three owner/operators that collect the tourist tax and three that are non- collectors of the tax, but are involved in or have an interest in promoting the tourism industry. By Ordinance on November 14, 1998, the Collier County Commission added one Ad Hoc, non-voting member to the TDC.. The County Commission may leave this position vacant if no applicant is adequately qualified. In the Owner/Operator classification there will be one vacancy and we have three candidates: Ronald Albeit, GeDeral MaDager of the Registry Resort, Naples. Mr. Albeit has beeD very involved with our tourism efforts iD Collier COUDty for the past three years. He has participated iD the recruiting process and the draftiDg of the job descriptioD for the new director positioD aDd has participated in the grant review process. Robert Didor is the General Manager of the Marco IslaDd Marriott aDd is the current PresideDt of tbe Marco IsIaDd Chamber of Commerce. He bas been with Marriott CorporatioD for 25 yean and has served OD CODveDtioD & Visiton Bureaus iD otber destioatioDs. Clive Walcott is tbe GeDeral MaDager of the ClariOD Hotel & Suites iD Naples. He has 25 yean of experience iD tbe botel industry and curreDtly serves as tbe Secretary of the Collier COUDty Lodging AssociatioD. AGENDA ITEM NO. 9E ~ ~ i-? ". 1";r"r'J') Tourism Department ~ Pg. ~. . J'__ I Community Development & Environmental Services Divlmrr-~~.._.===-J In the non-owner/operator classification we have one candidate. The County Commission adopted a Resolution on May 14, 2002 that upon expiration of the next term of a non- owner/operator sea4 Everglades City would be asked to submit a name for its representation on the TDC. Everglades City has submitted the following individual for consideration. David Loving is a resident of Everglades City where he owns a jewelry design business. He serves on the Everglades City Council, is on the Board of the "Everglades for Everyone" group and has been involved with several charity events in the area. The remaining vacancy is the Ad Hoc, non-voting seat created by County Ordinance. There are four candidates for that seat. Helena Velasco, Naples, is a member of the Christian Chamber, the Hispanic Chamber and the European Chambers of Commerce. She has brought groups of Brazilian tourist to Florida. She currently runs the Naples Language Center to teach English as a second language. Iris Ellis, Naples, is a writer and researeher. She is the former Secretary of Elder Affairs in Florida and she volunteers in several civic programs. Ann Olesky, Immokalee, runs the Lake Trafford Marina and Airboats and Alligators, InCo and serves on several civic committees. Sfa""er v H. Kent Stallder is currently the Ad Hoc","appointee to the TDC and has served on several Boards including the Cleveland Ohio CVB, Cleveland United Way and Cleveland Downtown Partnership. Formerly he was witli IMG Sports & Special Event Management Company. While qualifications are capsulated above, no staff recommendation is contained herein. AGENDA ITIM NO. q~ " .. .. ~'" r.' ,,' : ~ ?nQ? Tourism Department Community Development & Environmental Services Division Pg. 3 Tourist Development Council NtUtIe Work Phone Appt'd Expo Date Term Home Phone DateR~pt 2ndExpDate 2nd Term I Chairman Jwm:;:i N. Ce1etta -H.e1"l~11t{j 774-8392 01/08/02 01/14/03 1 Year 3301 E. Tamiami Trail . Naples, FL 34112 District: 5 CoIegory: BCC Chairman Mr. Gary Galleberg 434-4601 03/26/02 04/21/04 4 Years 735 Eighth Street South Naples, FL 34102 District: 4 Category: Municipal Officer - Naples Vice Mayor Mr. E. Glenn Tucker 389-5000 05/02/00 04/21/04 4 Years 950 N. Collier Blvd., Suite 308 Marco Island,FL 34145 District: 1 Category: Municipal Official Mr. Joseph N. Dinunzio 261-6046 05/02/00 04/21/04 4 Years 249 St. Andrews Boulevard 775-0342 Naples, FL 34103 District: 1 Category: Owner/Operator Mr. Jerry Thirion 04/18/95 04/21/99 4 Years V' 7524 San Miguel Way 594-1524 02/08/00 04/21/03 4 Years Naples, FL 34109 District: 2 Category: Owner/Operator Mr. Gene Vaccaro 11/03/98 04/21/99 6 months ~ /14:f-a 700 7tbStreet, S. W. 774-0000 03123/99 04/21103 4 Years .- ~r~ 0 ~ r".. 1i. r;-(,11 .'~.~ Naples, FL 34117 o L/ p'" :.-.~.i4;',i(..-. "J' " District: 5 (.tt' c,t?~o 'pl-l ( CoIegory: non-Owner/Operator W"dnesday, March 27, 2002 Page 1 of2 ~~? 'r '"i:,",)._ :~ ~ ?nrr~ . ~t.........~' Pi. 1 Tourist Development Council Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 11/24/98 04/21/00 I . Ms. Rhona E. Saunders 2 Years 3770 Parkview Way 434-9230 05/02/00 04/01/04 4 Years Naples, FL 34103 District: 4 Category: Non-Owner/Operator Mr. Kevin M. Durkin 455-1010 02/08/00 04/21/02 2 Years 101 Debron Drive 03/26/02 04/21/06 4 Years Naples, FL 34112 District: 1 Category: Owner/Operator Ms. Susan M. Becker 03/26/02 04/21/06 4 Years 371 Eleventh Avenue South 261-7708 Naples, FL 34102 District: 4 --- Category: Non-Owner/Operator Mr. H. Kent Stanner 02/23/99 04/21/03 4 Years ,/ 515 Wildwood Lane 649-5098 Naples, FL 34104 District: 4 Category: Ad Hoc Advisor This 9 member council was created on March 23,1992 by Ord. No. 92-18 to make recommendations to the Board of County Commissioners regarding a proposed plan of uses for tourist development tax revenues, for the effective operation of the special projects or uses of the tourist development tax revenues, and to review all expendit~res of revenues from the tourist development trust fund. Membership consist of the Chairman of the BCC, 3 owner/operators, 3 non-owner/operators and 2 elected municipal officials. Terms are 4 years. NOTE: BCC adpoted Ord.o 20Q0-44 on 6/27100 as follows: "The City of Everglades and the City of Marco Island shall alternate as the second municipal member. In the event that other municipalities are legally created in Collier County, then those municipalities shall be included in the mtAtinn DI'OCe59 fnr the MCOI"ld municinal 5P.At. FL STAT 125.0104 Staff: Bleu Wallace, Operations Director: 403-2302 ~~ Wednesday, .VtJI'ch 27, 2002 Page 2 0[2 MAR 1 1 2003 Pi- 5 MEMORANDUM TO: February 10, 2003 Elections Office dJ Sue Filson, Executive Manager , I Board of County Commissio DATE: FROM: RE: Voter Registration - Advisory Board Appointments The Board of County Connnissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. TOURIST DEVELOPMENT COUNCIL COMMISSION DISTRICT David Loving 401 Allen Avenue P.O. Box 619 Everglades City, FL 34139 Helena W. Velasco 1155 Sandpiper Street, D- 7 Naples, FL 34102 ~esl d,s~r,d 5 'fS, d,~,cJ ) . yesj dt~+ncJ 1 ijeS,d)/-ncJ 1j yes, J'S~21A~ NO. qE Robert J. Dictor 141 Gulfport Court Marco Island, FL 34145 H. Kent Stanner 515 WIldwood Lane Naples, FL 34102 Ronald Albeit 1919 Timberline Drive Naples, FL 34119 H ,~ ;:; .~ t,,,,,,,,,-, . .. .. '- : I !.U\,J", ',' pile. " l.,"i .;. 0:' '.. .. Ann Olesky 6001 Lake Trafford Road Immokalee, FL 34142 ~, dsJnu i yes, dlSfnJ 1./ yeS, ck~-JnU 5 Clive Walcott 3060 Horizon Lane, # 1404 Naples, FL 34109 Iris Ellis 1803 Forest Lakes Drive, #106 Naples, FL 3410S Thank you for your help. ~pBA' H ^P . . .i),,,'I~ r'!:\.... ~ t {...'4'J~l pJ.... '} ..' .', , ". MEMORANDUM DATE: February 10,2003 TO: Bleu Wal1ace, CDES Operatl;Jons . tor Sue Filson, Executive Manager t I Board of County Commissio FROM: RE: Tourist Development Council As you know, we currently have vacancies on the above-referenced advisory connnittee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: David Loving 401 Allen Avenue P.O. Box 619 Everglades City, FL 34139 Robert J. Dictor 141 Gulfport Court Marco Island, FL 34145 H. Kent Stanner 515 WIldwood Lane Naples, FL 34102 Helena W. Velasco 1155 Sandpiper Street, D-7 Naples, FL 34102 Ronald Albeit 1919 Timberline Drive Naples, FL 34119 Clive Walcott 3060 Horizon Lane, #1404 Naples, FL 34109 Pg. ~ Iris Ellis 1803 Forest Lakes Drive, #106 Naples, FL 34105 Ann Olesky 6001 Lake Trafford Road Immokalee, FL 34142 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize tbe app6cants in areas of expertise. If you have any questio~ please call me at 774-8097. Thank you for your attention to this matter. SF Attachments AGENDA ITEM NO. q ~ H /, P ~ ~ ?om ... - ~ __t_U",,~ Pi. q ~2/06/2883 84:38 8136953828 CITY OF EVERGLADES PAGE 01 ~~~;~f~l.:t:~ 0;;' ~...:-_ "~~.!c~~~~Jt~ .. JII...... JL "U2 . (MI) ",...., ra:~~;;;'.'i,;!ili5sj Appllatloa for A,..." Co.-~rd. - UAV'.t> ~V~fI./'A, ~ ') __1d9';--at:.~~ ... "1)1_ .eft}; I-iA AJ V E: ( .lD · ~~ ,.,. c....: 34139 : _.... "'I.III_~- ~S- _,ul_11PL 4c'<<1Aot.-, GeM ~ ~ · 'bAv 11:). 'P. kv 1AJcr. FIAjE 1~~'-1C'( ~~/<J-.J _or"'" l~~_~~~J;tno.;:~~~~ C......,.(It~PP"---\k):~ ~ ~ } Ct ........ - .. --. ._1 - . _........ AII)IM. .l~ f .... we. ..c..... ee.a,. y.J-Nct lilt,.. '-IT ~........ ~ Y.~ M. If..... ......-..: ." ~6-LA 0 €'5 e. ~ ..,..)' <":;, i.i AX. I L:..... ~ .,..----....,..--.........~c...tr.......urr ---., y- ~ JlIIt ~~,.. ?~~~~~~~~~;;~~s;;;t ~~~~ / . "l'IlIII'1. ........,.. II -lIJlty -AI. ~. (............ ...........- -.. IrIfJII_..............._ ....1 L'o(?A.J~ <t!.Lu till -- _~ EA6-J At:-..~ . ':;'1I~~A1)~ i:'al!&.. C\/~ ~,.). ~i'.~ 0':;: "'/~~-r"2)..e...s;; - II rr- .~--~.<i""D .. =~~r~~~~ ... -,-~~ .~. ~ ~U.;~ ..4nr .. ~ :lC"'~V'AI<J- '4IJ_IJ/~) ~~""''7''"''?~ : _ . :::~~..f_.::r~::.:~.;,,:::....:=:..~~~~..... ...... r i -........-., ~ .....-.. 1llI .,.~~ n A~ ITEM NO. G td ~:M! reeG 9E ..... ~ · ;~ ,1 , . ,~':':' I !zo.l..., v,... PI. /0 ..s :on. n-d ;n-I60('\: ~.:: 01/27/2003 11:58 FAX 941 642 2680 --- EXECUTIVE OFFICE MARCO Q-1AMBER ~001 PAGE "1... __ ~/24/2aa3 11:56 394:3a61 ~~.,...... ~-...~r'i_i ~~f_.., Board of County Commissidi~k"~" -~..: 3301 East T.mJauli Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 "., ',c,uP\' ~()!rQ '.~' Application for Advisory CommitteeslBoards Name: ~ 0 ~ e/<T -.J: ~; c.7 ok:.. Home Phone: 3 go- 9 - ~ ~ -3 ~ /4; ~(J '-I=" ~o 1'<., c: T. Home Adclress: /Y1 /t.4tc-o f.s-L", A/~ pLA. Zip Code; 3 ~/'r- .5- Fe No. ~ '/2- ~~usineuPhDJle: C,'I.2-;l(pDO .-m.Uaddress:,(-<5~ ?JicT~P/IJ~i;:/i Business: ;(e soC{ C-OIJ Board or Committee Applied (or: ~ c..c..~ ($/71 Oe.V-e t.. o~ ft? e.,NT Co, aN c"7 L Category (ifllppJicable): /-1 0 TeL 0 ? e /C..117 2>;(. ~ple; CO.II.wlolt DJabict, :O~.lopec'. eDYirunmeablilf, 11)' pUMD, dE:. X , A..c you a n:gistered voter in Collier County: Yes No Do you currently hold public office? Yes If SD., what is that o0lai7 No x Do YOQ now serve, ur laave YOII eva- served, an a Collier CouuCy boArd or committee? Yes If yes, pl.ue list the c.omroittee&lbo.~s: __ "2.. Q 03 /' ~e S I' i) E?,,# T -/1'1 A;e c c;) .J..Jc..~ ..un -:2000"2- cDe -C.~A/~" No x C{)K""''''''~~ c:;I F C'OI~~ Please list your community a~tivities (civic: clubll~ neighborhood _.sodation!!, etc, and positions held: . . EdDcatio;~l1.:",S. CYM....!eLL Up; r/e~s;7y - .s-cH.oc;)(. 0 r- lro7eL 11~;ft/ ExperieDce:-~ ~ y~ S_ - Gce-".v~~( C'!:"~ {beo~1 PI.n _ell""", rMdJd_1Il btfii,.,.lBlflllJlOll fftl JUrlmC/JI. "]"hg II,Ppltun- """.111 bcf~ ftI Su" F"""- BDlIN ofC..~ c.-iuiell~ 31111 &.t T-a-i n.Il. NIIJIIG. FL ~411Z. IJ~u wi.sb,.rt-"fwc~"'" ~1tUIlJ ., $"ItIfL""""'4Jllentll.."n ~ ~u /b,.1IffIM1IU",.;-. tD ~_IJ" QJh..z.tc.tJh:lo C"JlII(J1. - AGENOA ITEM_ ..~:::.9C H,",2 1 1 2003 PI. II .. . -p. Board of County Commissioners 3301 East Tamiami Trail Naples. FL 34112 (941) 774-8097 Fax: (941) 774-J602 Application for Advisory CommitteeslBoards NalDe: \~. t G l-J '\ ~ , A N J'..tE,{2. HOlDe Pltoae: d '6 ~ (, 4 ~ ~ ~ '& HOlDe Address: S' \ " W l L..() \N 00 0 LA lVt: Zip Code: ~ lJ. I Q L FaxNo~4~ c..-a.,,, BusiDessPbone:lo,-\ ~ 1od.1 S' e-lDaUaddress:8">~'CVMiQ(Q;> rtll,,~I..O.C~^, Business:S ~ D {L l' S 't <;" e c.. . C:: \J EtvT'S, tJ. b--,^- l' . ~ ~G:, Board or COlDlDittee Applied for: l" D c.. Category (if applicable): Example: Commissioa District, Developer, ellViroameatalist, lay persoD, etc. Are you a registered voter in Collier County: Yes ~ No Do you currently bold public office? Yes If so, what is that off"lCe? No v""" Do you BOW serve, or have YOD ever served,_op a Colli~rCoD"ty ~rd W committee? Yes ~ No If yes, please list tbe committeeslboards: 1\Jt) ~ V CJ '1\ '" tr ~ '\ ~ .,. 0 c.... Education: ~ .~. C G~(L&6 Aou~~T~~\.). l..~ l ~-'1\.u... ~\ ~).,\.- oQ.c... vs... ~~ ee." ,.;"- 'E-v ~~ ~Q .......I~ ""-I. .. , , '1 , , "nn" 8_ J:::1. -- Pleae IIJttu:II tuq 1UUitUI.. 11110""liiio11 JDII fed pertiIIellL TIlls IIppIkIlllM sltollU be 10",,,UtI to Sue JiJIunt, ExeCllllN M.".,n to tlte BtJU4 o/CDIIIIq Co~ 11'1 Eat T___I TNII. N... FL 141 U 11:/_ .,ala,. pkaelu:/oIU IIppIlcllllM to (941)174-3~J or e-mllil to $uelilso~,".1I4 7'lI4utk ,-fl1r ~ to lI_e tlte ~ ufCDlliltr c.1fIIIly. HAPLES LAHGUAGE CEHTER 941 262 3748 P.02 Board of County Commissioners 3301 ]i:ast Tamtaml Trail Naples, FL 34111 ('4t) 774--8097 Fa.-: (941) 114-3602 Application for Advisory CommitteesIBoards Name: ~eJenA.. W. Velo...s~ c.' Ni)'Jt)... ~erJ'l7JtllLn.:) HomePlaone: ~ 3~ - I'''~ Home Address: 11~5 ~'f'~pe:r ~- 1:)-7 Zip Code: ~"'D2.. FuNo.~~-374% B1BinessPbooc: ~b~-~q,-~ e-mailaddress:n4p1eSI'U'ntt~I.~ BusiDess: N"f> I e..s L.4n.'jL<A-Be Ce.n...:l:e.r BoardorCommiueeAppliedfor: Tou..-r; st Devl!.Jormen-t- Colt..11C-l ) Category (if applicable): (LcL hoc.. (J..,vol...eJ...;"'~st-,~u.s.+ry J~ hD-fa/ }mohJDWtJ,er" Eum": Comnaisaio. Dittrkt, Developer. ellViroD.cotalist, lay pcrlOD, ete. . Are you a registered voter in Collier County: Yes V No Do you currently hold public office? Yes No V If so. what is tI..t office? Do )'0. Ilow serve, or bave )'0'1 ever served, OD a Collier eoa..,. board or eoaaaaitt.. '1 Ye5 No 't/' I f yes. pia" lbt tile com_Utccslboanls: Lt-J-..ples r~sUUtLt .sl..u ~. 1~8) ~tio..: ,B./tr. '?o~~ -H-~mt-e.,Il~e.~,J.t.t~..!11!- err! ~ ,)\ Tf t14) En~ ~ t1 ~ a ee...o d... J\..?J e... . 4.S ,:]:.. 'i I Fl~;V\ +>0 e a.n Sr~~~' 11_",.,.".. M4IIlMiIl ~ ~ftcI".,.. lw..",...,,1ItMI4 Hfor-tW Is Sw FIb lJHnl_.ICMIIIY Cg- ~ JJDII!Gt r...",. ~ NIIJI/G, PI. J411:z. (f~ W.t, /llHUfayolU e-IIIfIII.l"di&INIIilrfIII~'tI.".,. n-tYM.lfN ~,.,.",.,. ~ IIfCtll/kr 0NuJ0'. rul)77~~1?" HhR ; ! 2003 Pg. /3 .r:fRe REGISTRY ~ort~Club Ronald Albeit General Manage.' January 24 2003 Ms. Sue Filson Executive Manager to Board of Collier County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Dear Ms. Filson: I am respectfully submitting my resume for consideration of the open position on the T OUTism Development Council as an owner/operator representative. As the General Manager of The Registry Resort & Club in Naples, I have been closelv involved in the Collier County hospitality industry for over three years. I serve on various committees such as the Florida Gulf Coast University Resort Hospitality Advisory Board, the Naples Visitors Bureau Advisory Board and the Greater Naples Chamber of Commerce Board of Directors. I feel the best way to impact our tourism economy is to get involved and make a difference firsthand. Creating and fostering positive relationships with ocher hoteliers, business parmers and local dignitaries enables me to objectively survey the hospitality climate and offer solutions to potential challenges. I have enjoyed a close relationship with Mr. Jack Wert, Executive Director of The Greater Naples, Marco l.sland, and Everglades Convention and Visitors Bureau. In sharing ideas with Mr. Wert, we are able to consider options that benefit all of Collier County and its residents. My background as a controller in the hospitality industry also gives me great insight into the review of revenue expendirures, a key component to the advisory representative position. With this keen understanding of finance, I will gladly share unbiased opinions on accounting principles and best possible uses of the county's tourist development trust IUnd. Thank you, Ms. Filson, for your consideration and I look forward to serving Collier County proudly and promoting it as the pinnacle of tourist destinations in Florida. If you desire further information, please do not hesitate to contact me at 239.597-3232. Sincerely, cc: Jack Wert Jerry Thirion Michael Reagen , Enclosure Pa. It{ 475 SEAGATE DRIVE NAPLES, Fl.ORI~ 34103 (239) 597.3232 WWW.I...;.t.J.-on.com. Ronald Albeit 1919 TImberline Dri~ Naples, FL 34109 Phone: 941-596-9455 Professional ExDerience General Manager Registry Resort & Club Naples, Florida August 1999 to Present Lead and Direct all Resort Operations, Strategic Planning, Community Relations, Corporate Liaison. Rooms Division Manager Boca Raton Resort & Club Boca Raton, Florida October I 1996 to August, 1999 Supervise Front Office, Bellman & Concierge, Responsible for Revenue and Yield Management, Responsible for welcoming and greeting VIP's to Resort . Controller Boca Raton Resort & Club Boca Raton, FL March, 1988 to October, 1996 Supervise accounting managers, Control and manage company cash, Responsible for safeguarding company assets, Sign checks Assistant Controller Boca Raton Resort & Club Boca Raton, Florida October, 1982 to March, 1988 Supervise accounting manager, Prepare monthly cash flow and projections, Sign checks, Control cash disbursements Food and Beverage Controller Boca Raton Resort & Club Boca Raton, Florida January, 1980 to October, 1982 Responsible to establish and maintain inventory control, Safeguard assets, Reconcile and analyze monthly inventory, Perform audits of food and beverage systems and controls, Supervise accounting clerks AGENDA. ITEM I NO. q€ t.:', ~ ~ ?ra~ . -..... ..... Pg. IS L EdllL":lltion Lynn University Boca Raton, FL MBA International Finance, BS. Accounting New York State University Delhi, New York Associates Degree in Hotel and Restaurant Management New York State University Cortland, New York Community Activities City of Boca Raton Equity Study Commission Boca Raton, Florida Boca Raton Uttle League, Manager Boca Raton, Florida Certified Hospitality Accountant Executive Boca Raton, Florida Graduate of Dale Carnegie West Palm Beach, Florida Additional Information Board of Directors Greater Naples Chamber of Commerce Naples, Florida Board of Directors Naples Visitors Bureau Naples, Florida Advisory Board Committee Florida Gulf Coast University Fort Myers, Florida InstrUctor Educational Institute of America Boca Raton Chapter Boca Raton Florida AGENDA ,?M NO. q Supervisory Committee Chairperson South Atlantic Federal Credit Union Boca Raton, Florida M ~? ~.. 1. 2nO'" '.' J PI. /u . ....-.-.. -:C~ I Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory CommitteeslBoards Name: Ronald Albeit Home Phone: 596-9455 Home Address: 1919 Timberline Drive, Naples, FL Zip Code: 34119 Fax No. 597-3128 Business Phone: 594-6001 e-mail address:ralbeit@naolesresort.com Busmess: The Registry Resort & Club Board or Committee Applied for: Tourist Development Council Category (if applicable): owner/operator representative Example: CommiJlion Diltrlct, Developer, environmentalist. lay penoD, etc:. Are you a registered voter m CoUier County: Yes xx No Do you currently hold public office? Yes If 10, wbat I. tbat office? No xx Do you now serve, or have you ever aerved, on a Collier County board or committee? Yes xx No If yes, please D.Ube committeesJboarcb: Naoles Visitors Bureau. Greater Naoles Chamber of Commerce. Board of Directors. Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Florida Gulf Coast University - Resort Ho~pir~lity Arlvi~nry Rn~rrl T.p~rlpr~hi p-.' r...., , i PT' Education: MEA. International Finance. B.S. Accountin~ (Lynn University). Associates De2ree in Hotel & Restaurant Mana~ement (New York State University). Experience: General Mana2er - Re2istrv Resort & Club. Lead and direct all Resort Operations. State2ic Plannin2. Eommunitv Relations. Corporate Liason. Rooms Division Hana2er - Boca Raton Resort & Club. Suoervise Front Office. Bellman. & Concier2e. Resoonsible for Revenue and Yield Mana2erment. Welcoming and Greetin2 VIP's to the Resort. Controller - Boca Raton Resort & Club. SUDervis Accountin2 Mana2ers. Control and HanaRe Company Cash. Responsible for safe2uardin2 comoanv assets. Si2n checks. Assistant COntroller - Boca Raton Resort & Club. Supervise-.AccountinR ManaRer Prepare Monthly Cash Flow. Projections. Sign Che~ks. Control C~sh DiRhtlT'RPmpnts. Food & Bevera2~Controller - Boca Raton Resort & Club. Responsihle to establish and m i monthl inventor Su ervise accountin Pk_......"......., iItfo,...,.,. ytIIIfM"""'" 17ris ~1I..u .~ *' s... FI/stJII, IlHN ofCIJfIItty ~, J3Il Eat T...-..J 'hrdl, N"".., FL J4112. l/ytHI tvIM,"" fu pow IHIId IO.~JH"''''' 'l7utM~.for"""""'" *' urN" dIIu1u ./c.I&r eo.... Mj,,~~,.;.; 200~ ". (')41)7'14-J682 or "" Pg. /7 January 28, 2003 Ms. Sue Filson Executive Manager to Board of Collier County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Dear Ms. Filson, I am writing to you regarding Mr. Ron Albeit, General Manager of the Registry Resort and a member of The Chamber of Commerce Board of Directors. He has sent you his resume for the open position on the Tourism Development Council. I have the highest regards and respect for Ron and know that he would be an outstanding asset to the Tourism Development Council. He is competent, bright and thoroughly knowledgeable of both Collier County and the international hospitality industry. He cares about Greater Naples and Collier County. Please consider this to be the Chamber's unqualified endorsement of Mr. Albeit's candidacy for the Tourism Development Council. Please contact me if you have any question or need further assistance. Appreciatively, <yy).O 0 l)J /D ... ! I LLCJlaJU.; v. IJG~ Michael V. Reagen, President Cc: Collier County Commissioners, James Mudd, Deputy County M Budd, Ed Morton, Fermin Diaz and C. J. Hueston. AGENDA ITEM NO. 98" l M/\P. 1 1 2003 Pi- ,~ 01/21/2003 TUE 09:43 FAX 9414300422 CLARION INN & SUITES U~/~~/~UU3 ~U:l~ ~AA ~41774~ijU2 Bee 141 002/002 ~001 .~:~. .:.= . -...-;:. .-, Board of COWlty Commissioners 3301 East .r.......Dli Trail NAples, FL 34112 (941) 774-8097 Fax: (941) 774-360% ~/i""'~"'''''i!I~~~ '~.J)JW.,-! ....~~,. ~;f' Application for Advisory CommitteeslBoards Name: <:::.-\,,"'~ ~~\ ~Q--=-"""", HD.ePIlo.e:,"""C\..f"9;".~.;J~~ 1t I ,,\-,,~ /I HODl. Address: 3."Q b 0 '-"\. -,-, "2.. c N \~ ~'- ~) "" ~\ ~ ~ . f- \ Zip Code: ~ "\- \ '0 ~ Fa. No. 'Z.:~G . u,'"!.o - o~"I-"l-lluiDcss Phoue: ~~~.6,+q. 5.Fc C e-m.il.ddrus: ~~~" @...'AJ.....o...v1 Basi...: ~~~'\ Board or CODlmittee Applied for: ,~~ ~ov~\"', ~~~~\.~ ~--...';. ~'" c....C1.......~c:::....' \. Catecory (ifapplicable): t:umple: eomlllli.d.. DIslrid. D.",~lo.er. avi..DllallllllQlfsf. 117 peno.. d~. Are YOD.2 registered voter i.o CoWer County: Yes Do )'ou currently hold publli: office? Yes II ro. .....t ~ "at otr.ce? X No No X' Do YO. DOW .arYe, ctr haw YOll n'er served, oa ;:a CoDier c-Dty board 01' colluaittee? \:' es It yes, please Iisl lb. COIIUIIittAlclalboa rd.: No )( Please list your commollity activities (civic clubs, acighboJ'bood as50Ciatio~ etc. .ad potitioXUl held: ~'-'-- -.;...~, c;,.~~~~~",",-"" _ ~c..,.,~~,,~<:>- c-_\..,-,~, - --" --.... ," -- '\ - '- c=..--.::.-..:> '""'=> ... ~, .,.................. ... ~_ " - '<::::oo~, a... ..., b~ \ EdueatloJl: ~ _ oc:::..... <:.....-e "--. ~ ~ '=" ExpericllCe: PINX ~ lilli' d4IIitioMlllf/",mtItiiJ",lH1ful,nti"t:1IL DIr ~II. ..,4 k/.~ iii Su FUwII, lion ..fc.""fY c..IIIriaiG.u~ 33'1 Eat rcr""'" Trail, NcrpID, FL J4112. l/y- -IJ. pleae./B yoru ."plk.liu ~,. nadm~m-,,-.I.IJ/.. 77r-'pNftw ~ "Hl"Nl/rc~ IIfc:olli.rc....q. r ; ty 1 1 2003 i Pi. 1'1 .~"""-"q" NOV-13-2002 04:21 PM 941 2 1 3 01 19 P.01 gfa, fQfb.4I f~v..-L'. ~ ,LJu 1 _ ,...... La.... Dr. Mt" Fe. HI-21MU' L~ .~vA' ~ ~ ~~~ . I.v C.~. ~ (... e In''II~1 I I if ,.t J...; .... I ' . . ~ '.' J ' ,.. .; /I ::; OY" .. - AI ..lellld .., tII. ........, II1II...... II .. .... uti, ..I11III11'" (.... ........ ... ..II1II.... ..,....- .-- 1'fJ1q,,,...... A )V~. ---W' ........... a "'.11'" till.... .......... 0--'" ,.,.1... ....... Ie ................... .......... .nrRlr..t, ct........ ...... ...... .., 1IIlIt........ ..,.... .. - 1M PtII._.... .. pUI 011' .... I..... _'-101 ,.......... .. " ... ....... ,...". ..... ........ fer ., ... "',;1,.. ..... ... .. .........101....... .WeII JI'IW .... ..1IIIIItIa1 tbr _"... ..... ..,.n III OWl' AIHI'Ica, ~.... .... c;....,... ...&eIl aIIaw..s . tvur 01 Pull ad dae LoIIYNo T....... art IMdtatII.dIfttd I put of., life ud led .. to ......... aa "..... ... ....... n..... .,~.~ ~ EId8r AII'aI.. bI ~..w.. -........1 -V--IL........ .. Wek_. ... -"--'. C..,.. .... ..10... AftIr>> ,., 01 JIIdtIIII.... ........ ........ ... .......... ell. _Mnltlp, MIlIto.... !lOW lull.... 300 ....... -J.,.. .... ........... 'I'M .......'. C..... 11II1II...... SollIe ., ., yalu..... leIM.. ....... .... paid potl.... .......... f'adorJ -.. ........ r., ., en ...."... ..... lid to ..........101 DInctDriII. .... pw ... n....... 'II' ......... CIMII'....n III ftlt' Aa.....,,... .... a....,. AIId Ib.It ....... ... e.., "..... ad die LMrnt. T..... art.............. a part "''' ilia ... lid _ III pIIftIdpatIl. J....... art ........ M7 t'awMW v........ICttYItJ' .. -"" to tM "'1 III" .....rtd .., .... .DIInIt A" Jadhde ad WI,.. .....IJ.... W............. art. ... .... cUJ' ............. . ....,.... ..... _ . uk .. IJ'dIactI dial I ............. 1-..., . ....... ad 1'. ....... tor .. .".,......, .. .... .......... III cu III of..m.1a )'OIIr 0..........0.. ..... .alMe ... ...... plio AGENDA ITEM NO. 915 H~R ~ i 2003 PI- :2D -<=r ~o NOY-~3-2002 04:21 PM 941 213 0119 P.02 1m Ellis 1103 FOl"elt L.aka Dr. 106 Nap", FL 34toS Ph. 941.213-0117 Fu 941-:n~119 Email: iriselliS@email.com Objective: Seeking a position that utilizes my skill.. creativity and uperienealn marketinl SUMMARY OF EXPERIENCE FlW nttJI'e tluua J J.cadG IltaN "-,, j"WJbeJ ;" Mia, "",,*eti"8, ~ ..-Iio", "l1li... I kd xirI.etIIID troop., "'""'8- " Girl ScOllt CturqI . ,... ea"'l' tliret:ttR', CmulUted 1M llIdDry IIIIIIet d.oppi"6 NIU.-. from ",~ M.. riNr to ,It" Ad8lllit: Ot:<<UI. &II pllbID". ,..,. OII~ '" wIPe, Wt&f " bat~. CIuI".ftI prot:et/Juw lor I'dlsi,., INlay for .., cJ.rc1a au_"" tu proc.o. Crmtetl " ..lor lIr7ltuli:JItUMfor SA""". CMhIr. ~ I"", die'" tI<<OIIIpIUlt wla~'" 10 bll tIoM. Witlwll'",y l'aetll't:1a tUUI g,,;Mltce tla~ l'IfJIIItIlUJt N ."1 fdCltlry ollf/", celltBl. · My flnt """Utblg Job wa IeIlbtlf r. f!6IlIIe III d very colffPGltlve offk" ill tlte late 6f)'& J wa a real estlll" broker in Rlch"",,,d, [lid. . earlted ".ore tit",. S20,000. 00 a yar. I WQ,f III lit" top 2 or 3 prot/IIcen. · In tit" iO's. [did """ke/lIt, for snudl altopplng CMtus. · 1 COlftllUUlct!d rrtSetlrch for IIIItIt""tIc ftlClOry Olltlrtt retlliWa .t put milt iIIforMlltloIl III (I COlfSll1fIer book. Rtllldo", HOII" pubUJthrtd 0"" rttJItio" bllt it dId1I't "",k" ",,,ell money. I ~lud thlll "'>' boo" "rtebd lllill"lcrtlilt, 6tJ I pubU8l1ed dIId """ketrtd 411 ,,',," rtdltlons excqn tile Rando", HolU" J'rtIIr. Mtlfketlng "'Y boola viii per_Ifal tlppellrdllca IIIfd reviews In Il1O" "",)or """kets acalllled COIl6lllll4l"'S lIWtIfClleG of.ftu:tory olltMt& MtIf/u!tIJIg "'Y books HClUIIt! VrtI'J' proflttlbkfor 111& 11ID1450,()()(J boolu I1r 3D tltIys after I tlppearrtd 011 tII~ >>Ollllll"e .Vhow, . By 1980 the tk",andjo,. /1Id0" Olltltll sJroppillg cmttrl 'W4f~' rlldictllly so I trttllMfl lip willi Q TIUItpa CO"'l'IIIIY who srtf11icM Mopping caler developers. We held sMllntU'S to aee if there wa potlllllUUfor.. It""" ,t:IIIU COllcept. Tltejlnt IfIaIIItp were rocky bid 80"", olllle ""lrrtprrtlllllr. MW tile p,oflt potll1ltilll ",,11 wIdt lIlY "rtIp ~ developers of/lido"} 0Id/6t shoppbtg Celllrtr8. I had a tUcade of ,a"tlfcll . tile Ollly dtlt. bae ;,. e::cBtence, 80 tltey asked me to tlrtslglf tJPproprlille 1000000ou, IlUll'Utlng IIIId Ia8ln.lf pitltdilla thlll wo,,1J not CDIIflkt with "..bt _~tlI ret"lkrs. III"'~ Iilte 80's "...ccrtJlSjul p~t/o, dnrtlopl1lIl" 1IUIrkellnlJ factory oullet doppl1tg cemer.lliIII brtrtII nilll'"66"_ 'DnrtIoP"" di4 lIot It. 1ft, cOlUllldltg to ,qlluU wlll11 II. aJrrtllJly #Men dOIlA TIIe/or"",'. MIl atIIblUhed. p10Wll ..ccastu/... tIS It /lad noIvaIlIO [ kft 111111 "'MIl. · 0"" of",y 11011UU<<r ",.,ketillg}oN 1WU d 2 yar ~ to alllbllM tl SIIq"G'fI'. CIIIler lot' S""lon In AlelbOII",e FL Aft-.. yar ad " 0" IfUlf!lI1II willi SGtIon. tile SluJpjrtnl'. CrtIIUr 'WID ItlIUIdIed ad tile ~lp _hl_ ~ ,II"" to over j(J(J IMIIIben 1tIkbI, coU.. IneI CO",.. lit 1999. l/oIlowrtd IJIJ' IIIUbt1tu1 wIIat "jtJb offer look u. 10 Sw FItIridtl. A recent volunteer ...ip.....a (Dr my church ....u.. Rloncy nUllo. reminded me bow m1.. till. iat....etio.. A CI"eIIthrlt)' or ...rlqtin.. If )'oa an opea to dlscull lIow I could your udertaldal or butineu. let'. talk. ~ H",R ~ 1 2003 Pg. CJ..( B9/18/2882 B9:57 2396582481 LAKE TRAFFCRD MARINA PAGE a1 , .' Board of County Commissioners 3381 East Taml..i TniI Naples. J'L34112 (941) TTU#J7 I'u:: (941) 774-3602 Application for Advisory CommitteeslBoards N.... AM 0Ieaky m 657..2401 BaIae AddI'e8 au.............. aa IauMbIee, RUIG Pax No 13.9 &.2481 '11..111_ PllAe:239 651-~1 or 2214 E--a . ~1~.;LabTratlwd.~AAJrboa".~ ~ ~ BoanI or ConuaiUee ApplIed tor lmJDeblee ........z.e ~ Af/eK1 ... TIle To~ Dc4l BrT)'lIInt ~ ~_ appicabJeF. Eu.(Ik: r.- . lo.~........-~~_..hlIIIt,"''''''''efL II-f-r., o..a-~("~ ~ ta_._.IaCollle.r c....a, BllaYJn~r~lW'" s..n Gto.a ......A-ti. .An ,.... r~___ ed ..... ia Coller COIIIIty: Ya_X No Do y_~.. eM!)' IloId p.bIic 08k:e1 Ya If.., .... ia ........1 Do,.. ..... ......, or ..". ,.. ........... .. . Celli.. c....ty ~ or ~~? y_ _x No No_X If,.. ......... tile o--:4CMIIbouda:_hrd Laadt, Lake T....rd T_ Force _I tIDk dIat is aU ne..IiltJUV cama..aty acd..itie. (dYtc chdI8. -,,-Iaood ......., ete. .... pGIIitio.. 1IIeIlI:_....... ............ ~ ~. ~ _..~L~ .prr 11..... J--.n---~af~...Ana a.......JSW IIIAtb.....AsIoc, UIdp Aa-. C-1RIber....... Pa8t rep lor ... T..--... "......-.. elee. .. ee...,. Clll'iA-AroIDId. World ..... ,-~... J'~ SellolonWpeolaJD. .......~-bQW "~.H-ded PriMe ~. c...,C-.BltyC~r p.....Florida JrUur t......... JW ia.... ..~ lIP wltlaAJU... BI-" 1* a.a......... ........... c..... -.......... _~ _..... 1 ............. ......6- ......... ...... -....' ~ 'II IC._TaI'one'" tile ~Nio. 01.. '.......... AJrpert alllil1lle II r It JlMiw efIalle Tr.-.. J.... lit. ~...,. _I CD'" ......... J" '" ClI-T .~ ITEM q~ , ~ ;.:J : : 2"0" ,. .!. .; rJ \...-;, OJ A .sTJeONf ~ t!.ou"'J-'J' wn-J./ A PtJ.fJTIV~ VfJ JC4::- Page 1 of2 filson_s From: Ann Olesky [Laketrafford@earthlink.net] Sent: Friday, January 24,200312:40 AM To: filson_s Subject: Re: Tourist Development Council I am now on the CRA committee in Immokalee and a Trustee for CREW Lands Thanks Sue, you are still keeping us straight Ann Olesky--Original Message- From: filson_s <SueFilson@colliergov.net> To: 'Ann Olesky' <Laketrafford@earthlink.net> Date: Thursday, January 23,2003 11 :33 AM Subject: RE: Which committee are you referring to? Sue :FiCson 'Executive :Manager, 1JCC (239) 774-8097 yfione (239) 774 -8865 fax suefifson@co{{iergov.net -----Original Message----- From: Ann Olesky [mailto:Laketrafford@earthlink.net] Sent: Thursday, January 23, 2003 5: 18 PM To: suefilson@colliergov.net Subject: Mrs. Sue Filson Hi Sue, It's me Annie I have been hoping to put my name in the ring for this committee I think I could be a productive member and would be able to learn as well as help. Ann Olesky Lake Trafford Marina & Airboats & Alligators 600 1 Lake Trafford Rd. bDoonokmee,F134142 I am a resident of Collier County and have been since the mid sixties. I am pro Collier County I with my husband own and operate two businesses in the field of tourism. As, business owners we want what is best for Collier and all of SW Fl and want to be a part of it's decision making. We both work on many county projects. I have served on the Rural Lands, was a representative on the Tourism Alliance and have been the spark plug for the grass roots effort to save our only natural Lake, Lake Trafford. I believe in Collier and know that it is important to save our waters and it's SUITOunding land landowners but to invite tourists to experience the best that South Florida has to offer name County..... CqN8ENDAITEM NO. -9.1L- t,~/\~ ~ 1 2003 PI. 23 L- 1/24/2003 Page 2 of2 Rural Lands Tourist Alliance CREW Land Trust Lake Trafford Restoration Fla Freshwater FrOlmtiers Leadership Collier Class of 2002 the Best'~ Conservancy of SW FI Cooservatioo Leadership Award Immokalee's Citizen of the year award for Environment I believe that Tourism is one of the keys to keeping us in the top for visitors and I hope I would bring a new and fresh approach to bringing and keeping them here. Sincerely, Arm Olesky ~~~l?~ · ~j\, ;) · 1 200" I""... !. ..J PI- ~ 'f 1/24/2003 EXECUTIVE SUMMARY 9/1 REQUEST BOARD TO SET THE PLACEAND TIME FOR THE CLERK, WITH THE ASSISTANCEOF THE COUNTY ATTORNEY'S OFFICE,TO OPEN AND COUNT THE MAIL BALLOTS OF THE NOMINEES TO FILL THE VACANCIES ON THE PELICAN BAY MSTBU ADVISORYCOMMITEE OBJECTIVE: To set the place and time to count the mail ballots for applicants seeking membership on the Pelican Bay MSTBU Advisory Committee. CONSIDERATIONS: This 11 member Advisory Committee was established by Ordinance 2002-27 as amended. The Division provides landscaping services, including all public road maintenance and park areas, street lighting services, aquatic management services, beach cleaning, and the Clam Bay Restoration Project. It is the Division's responsibility to provide the framework of long-term community planning so that residents can enjoy the benefits of Pelican Bay while ensuring both the social and financial well being of the Pelican Bay Community. A list of the current membership is included in the backup. The terms for Thomas C. Brown (resident), Lou Vlasho (resident), and Joseph A. Bawduniak (resident) will expire on March 31, 2003. A press release was issued and resumes were received from the following interested citizens: APPLICANT CATEGORY Donald Spanier Resident John Iaizzo Resident David C. Nordhoff Resident Theodore 1. Raia, Jr. Resident Ordinance 2002-22, Section Eight, subsec. iii, states, "The mail ballots shall be cast directly with the Clerk. At the place and time stated in the notice of the balloting published by the Board of County Commissioners, the Clerk, with the assistance ofthe County Attorney's Office, shall open and count the ballots, which have been returned to the Clerk as of the date and time stated in such notice of balloting, in a manner which the Clerk deems advisable and not inconsistent with the provisions of this Ordinance. Any member of the public shall be entitled to attend and observe. The determination of the Clerk and the County Attorney of validity of any ballot shall be final. THE PLACE AND TIME FOR COUNTING THE BALLOTS RECOMMENDED BY THE CLERK IS: BCC Chambers on Monday, March 17th at 2:30 p.m. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners set the place and time to count the ballots as: BCC Chambers on Monday, March 1 ih at 2:30 p.m., and direct the County Attorney to prepare a resolution confirming the place and time. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: MARCH 11,2003 cvIL - o-7f-- GlG- EXECUTIVE SUMMARY PRESENT THE RESULTS OF THREE SOLID WASTE RFP INITIATIVES, STATUS OF LANDFILL GAS PROJECT, OPTIONS FOR A LONG-RANGE INTEGRATED SOLID WASTE MANAGEMENT PROGRAM, AND RECOMMENDATIONS FOR -;.- FURTHER ACnON'!Il.'i);" .~u OBJECTIVE: To present the Collier County ("County") Boan~ of County Commissioners ("Board") with findings and recommendations concerning the development of a long range, integrated, solid waste management strategy. CONSIDERATIONS: The County's Solid Waste Management Department ("Department") is developing an integrated, multi-faceted program to provide environmentally sound, cost effective, solid waste management services to the County's citizens for 30 years or more. To help develop this Program, the Board authorized the Department to issue requests for proposals ("RFPs") for three projects: 1. Commercial Source Separated Organic Waste and Biosolids Processing and Beneficial Use (RFP #02-3382) 2. Grease Trap Waste Processing Facility (RFP #02-3315) 3. Municipal Solid Waste Processing and Gasification (RFP #02-3316) - This Executive Summary presents the Department's findings and recommendations concerning these three RFP initiatives. This Executive Summary also describes the status of a potential landfill-gas-to-energy project that would use the gas from the Naples Landfill to generate electricity. Finally, this Executive Summary identifies some solid waste management options that would allow the County to use the Naples Landfill for 30+ years. Commercial Source Separated Organic Waste and Biosolids Processing and Beneficial Use (RFP #02-3382) Considerable quantities of organic rich waste (food waste) and biosolids are generated in the County. Currently, the organic waste is disposed in the Naples Landfill and the biosolids are hauled to the Okeechobee Landfill for disposal. The County's RFP solicited firms capable of beneficially using these materials. The RFP contained a "put or pay" guarantee - - i.e., the County guaranteed it would provide a combined total of 30,000 tons per year ("tpy") of food waste and biosolids to the successful Proposer or else the County would pay a fee for any shortfall in its deliveries. The County received four proposals in response to the RFP and three of the proposals were deemed responsive. Each responsive proposal offered a different technology, but all three technologies were determined to be viable. Each responsive proposal presents the County with different benefits, risks, and costs. (See Tables 1 and 2 of Appendix A, attached hereto). After considering these factors and other relevant issues, the _ County's Selection Committee ranked the responsive firms as follows: NO. AGf.ib ITErt ~ MAR 1 1 2003 PG. I Page 1 1. R&D Soil Builders, Inc. 2. Organic Soils of Collier County, llC 3. Synagro-Collier, llC R&D Soil Builders, Inc. offered to process the County's organic waste and biosolids at a cost that is considerably lower than the cost off,red in the other two respon$.ive proposals, and lower than the cost the County currently pays. Grease Trap Waste Processing Facility (RFP #02-3315) Grease trap waste is a problematic waste in the County's wastewater system. Accordingly, the Board directed staff to identify methods of processing this material for beneficial reuse. In November 2001, the County issued a RFP with a put or pay guarantee to deliver 400,000 gallons of grease trap waste annually to the successful Proposer. The County received only one proposal (Pacific Biodiesel, Inc.), but the proposal was responsive and the proposed technology is viable. The benefits, risks, and costs associated with Pacific Biodiesel's proposal are summarized in Tables 3 and 4 of Appendix B (attached). The County's Selection Committee concluded that Pacific Biodiesel's proposal is too expensive to accept. Pacific Biodiesel is willing to proVide its services at a lower price if the County will guarantee the delivery of 2,000,000 gallons of grease trap waste annually, but the staff is not confident that the County can satisfy this guarantee at the present time. Municipal Solid Waste Processing and Gasification (RFP #02-3316) In June 2001, the Board directed staff to issue a RFP for processing and gasification of the County's municipal solid waste ("MSW"). The Board selected the gasification technology, after considering many other options, as the preferred method of processing the majority of the County's MSW. In November 2001, the County issued a RFP for a gasification facility that could process 150,000 tpy of MSW. In conjunction with the RFP, the County entered into a Memorandum of Understanding with Waste Management Inc. of Florida ('WMIP'), which confirmed the County's right to divert 150,000 tpy of MSW from the Naples Landfill to a clean gasification facility. The RFP was based on the concept that a gasification facility would be developed in phases. With a phased approach, the County could: (a) reduce the County's risk if the gasification facility was unsuccessful; (b) increase the capacity of the gasification facility if and when it was deemed desirable; (c) compliment the County's existing landfill operations; and (d) comply with the County's obligations to WMIF under the Landfill Operations Agreement. It also was anticipated that the gasification facility could serve as an alternate and processing facility for biosolids and grease trap waste and the landfill gas. Three proposals were submitted to the County. The proposals by Interstate Waste Technologies ("IWr) and Brightstar Environmental (Florida), LlC ("Brightstar") were deemed responsive. IWT has a viable technology and facilities that have been in _. commercial operation since 1994. Brightstar has a promising technology, but no facilities in commercial operation. The benefits and risks associated with the proposals Page 2 AGENOA ITEM MO. /6 MAR 1 1 2003 PG. ,,;L. by IWT and Brightstar are summarized in Table 5 of Appendix C (attached). IWT would charge approximately $174 per ton, and Brightstar would charge approximately $45 per ton, if the County delivers 150,000 tpy of MSW. IWT is willing to provide its services at a lower cost if the County will guarantee 260,000 tpy of MSW, but the stall is not confident ~ut theciou~!Y's,.:,bility. to I?fovide th-, amount of MSVI{... Providing 260,000 tpy alsO is incoffSistent With the C:Ounty's .n to develoP thl gasification facility in phases. Even if the County agreed to provide 260,000 tpy, the cost of IWT's services is likely to be considerably higher than the cost of Brightstar's services. After considering all of the readily available information about the two responsive proposals, the County's Selection Committee ranked IWT ahead of Brightstar; However, IWT's cost proposal is too expensive to accept at this time. Landfill Gas-to-Energy The County's Landfill Operations Agreement (" LOA") with WMIF states that any landfill gas-to-energy project ("LFGE Project") at the Naples Landfill shall be developed jointly by the County and WMIF. Accordingly, on May 28, 2002, the Board authorized the Department to initiate negotiations with WMIF for a LFGE Project. The proposed LFGE Project would extract gas from the Naples Landfill and convey it to the County's South Regional Water Treatment Plant, where the gas would be used to generate electricity for the Water Treatment Plant. This LFGE Project is technically feasible and may be less expensive than purchasing electricity directly from Florida Power & Light Company. However, the economic analyses for the LFGE Project indicate that the County may not enjoy economic savings for more than 20 years. The LFGE Project may become more economically attractive if the Project is implemented in conjunction with a gasification facility, including deferring the capital cost associated with a Landfill gas-to-energy project. It should be noted that any program designed to optimize the beneficial use of landfill gas may be inconsistent and in conflict with a program designed to minimize odors from a landfill. In the instant case, the Department recognizes that its highest priority is operating an odor free landfill. Comparison of Solid Waste Management Alternatives The County's consultant has calculated some of the costs and benefits that would result from different MSW management strategies. Table 6 of Appendix D (attached) shows the annual cost per household for certain MSW management options. Table 6 also shows how each option would affect the remaining life of the Naples Landfill. For example, as shown in Table 7, the County could manage its MSW for the next 30 years by combining its current landfill program with an enhanced commercial recycling program, an enhanced residential waste collection program, and a gasification facility. _. AGtrt IT[" NO. U Page 3 MAR 1 1 2003 Pli. 3 GROWTH MANAGEMENT IMPACT: There are no negative growth management impacts associated with the issues addressed in this Executive Summary. However, the recommendations set forth below are designed to have a significant positive effect on the capacity of the Naples Landfill. FISCAL Itf'PACT STATEMENT: The .only fiscal impacts at this time are budgeted ::,':~~= ~:~;::'s~::~n~':'=~t":~~O ~'::ff's=:~e::~ Board at a later date and shall seek the Board's prior approval for any such commitments or expenditures. RECOMMENDATIONS: That the Board take the following actions: Commercial Source Separated Organic Waste Collections and Biosolids Processing and Beneficial Use (RFP #02-3382) 1. Accept staff findings related to RFP #02-3382. 2. Authorize staff to negotiate a contract with R&D Soil Builders, Inc., and then present the negotiated contract and recommendations to the Board for further action. 3. Authorize staff to request the other Proposers (Organic Soils of Collier County; Synagro) to hold their proposals open until the County awards a contract. 4. Authorize staff to utilize consultant (Malcolm Pirnie) and Special Legal Counsel (Landers & Parsons, P.A.) to assist with contract negotiations. Grease Trap Waste Processing Facility (RFP #02-3315) 1. Accept staff findings related to RFP #02-3315. 2. Authorize staff to notify Pacific Biodiesel that its proposal cannot be accepted at this time. 3. Authorize staff to evaluate the use of grease trap waste in conjunction with the MSW gasification project, If the Board authorizes staff to commence negotiations on a contract for a MSW gasification project. 4. If the Board does not authorize staff to commence negotiations on a contract for a MSW gasification project, then the Board should hold the development of a grease trap waste processing facility until the County's proposed Fat, Oil, and Grease (FOG) Ordinance has been established and the County has more accurately determined the amount of FOG being generated in the County, and authorize staff to evaluate alternative disposal options for grease trap waste. 5. Authorize staff to utilize consultant (Malcolm Pirnie) and Special Legal Counsel (Landers & Parsons, P.A.) to assist with evaluating alternative disposal options, including the potential for co-disposal at the gasification facility. ,.- Municipal Solid Waste Processing and Gasification (RFP #02-3316) 1. Accept staff findings related to RFP #02-3316. 2. Authorize staff to negotiate a best and final price proposal from IWT, based on a guarantee of 150,000 tpy of MSW. Page 4 AGENOA ITEM NO. 10 MAR 1 1 2003 PG . t.J. 3. If the price proposal from IWT continues to be significantly higher than Brightstar's price proposal, authorize staff to negotiate a contract with Brightstar (based on 150,000 tpy) and then present the contract and recommendations to the Board for further action. 4. Authorize staff to utilize consultant (Malcolm Pimie) and Special Legal Counsel (Landers & Parsons, P.A.) to assist with contract negotiations. Landfill Gas-ta-Energy 1. If the Board authorizes staff to commence negotiations on a contract for a MSW gasification project, then the Board should authorize staff to: (a) hold WMIF's LFGE Project in abeyance; (b) evaluate the use of landfill gas in conjunction with the MSW gasification project; and (c) present recommendations to the Board for further action. 2. If the Board does not authorize staff to commence negotiations on a contract for a MSW gasification project, then the Board should: (a) hold WMIF's LFGE Project in abeyance; (b) evaluate best options for the beneficial use of landfill gas; and (c) present recommendations to the Board for further action. SUBMITTED BY: Date: zh 5~/t).3 ,- Roy . Anderson, P.E. Director, Public Utilities Engineering ---J SUBMITTED BY: C::::-~~~' u ,-&.. ~/ Date: .z/LT/3 G. George Yilmaz Director, Solid Waste Management Department REVIEWED BY: ~ ~ Date: ')j2~;J3 ~eatham Director, Wastewater Department REVIEWED BY: ~.Jl. '(). G4'1f Date: 2)2__7/"::; Steve ~~It uJ~ Date:d ~ ~~~ mes W. DeLony, P.E. ublic Utilities Administrator - Page 5 "AR 1 1 ijUJ3 PG. Appendix A Table 1 Commercial Source Separated Organic Waste Collections and Biosolids Processing and Beneficial Use RPF Findings Organic Soils of Vermi- ~ Proposal includes biosolids ~ First domestic Collier County, composting transportation organic LLC ~ Robust and expandable wastelbiosolid system s processing ~ Experienced project team system (risk) ~ ~ Cost R&D Soil windrow ~ Processing to occur on ~ Scalability Builders, Inc. composting Proposers site ~ Permitting ~ Robust and expandable system ~ Experienced project team (currently processes Collier County yard waste) ~ Cost Synagro-Collier, heat drying ~ Proven technology ~ Biosolids LLC and ~ Robust and expandable processing pelletization system only ~ Ex erienced ~ Cost Table 2 Commercial Source Separated Organic Waste Collections and Biosolids Processing and Beneficial Use RFP Financial Summary .,,~, "...... . ~..,._~' .'~ ''-' ...^""~""~--~- """",,,^," -:~l ~, ~~ -"",,", ~_."~"o -,-,'"'-.......-"""'--~1'~-~--;~~". '-~ .. ,~. :~-:: "'l~' . ~ ,,' ., "'." J . , . x . , ., 1 l~ ;~1, ~!tiif^~.r ~1 i" ' <: ~ , ,~ ...A 1 ~: "'" ,f ~ ,~ 4 ~ : , y. of ~ ~.1 j 1 \t" '\ f f ~,~ _ i! { ~ :; , ~ t i ( t ( ~~ 'I < ~ " > 'i"~ If ' ~ I . \ ~"\ t"J "':.-iI~~t~'~I~.l1f ,~ Public Information $3.27 $0.24 N/A N/A Biosolids $95.98 $38.00 $53.361 $49.70 !Yard Waste $26.35 $19.20 N/A $21.21 (1) Does not include capital costs AGENDA ITE(!- No, /0 Page 6 ":iiI:!i. MAR 1 1 2003 Pg '-".. (. Appendix B Table 3 Grease Trap Waste RFP Findings Pacific Biodiesel, Inc ~ Proven technology ~ Cost ~ Robust and expandable system ~ Experienced project team Table 4 Grease Trap Waste RFP Financial Summary ;.'1{."":ll.' :G,l:~..'!l' 'il ; ~ l- . ., : ~; ~,,~.; ;;.:;~J . ...:. . .. c '>- ,:;:J '~:~:~ ~, ~\~-t > A ':.~~" . " Put-or-Pav TQallons per year) 400,000 2,000,000 0 $$/Gallon $4.05 $0.55 $0.12 Annual Cost $1,620,000 $1,100,000 $48,000 Treat Additional Gallons $0.50 Not provided $0.15 - $0.20* Plant Construction Cost Included in tip $120,000 - Existing facility fee $150,000 Total $$/Gallon $4.05 $0.56 $0.31** Total Agreement Cost (10 YrsT $16,200,000 $11 ,244334 $1,240,000*** Notes: '* Estimated cost of treating up to 2 million gallons per year ** Includes estimated collection cost of $75,000 divided by 75,000 gallons **'* Annual treatment cost over 10 years for 400,000 gallons AGE~DA ITE~ No. 10 Page 7 MAR 1 1 2003 Pg. 7 Appendix C Table 5 Municipal Solid Waste Processing and Gasification RFP Findings Brightstar ~ Air emission ~ No facility fully in ~ $45 Environmental results excellent commercial ~ Good perfonnance operation in recovering ~ Resistance to RFP materials Approach ~ Less costly ~ Requires a landfill ~ Scalable to lower tonna e Interstate Waste ~ Can handle any ~ Does not scale ~ $174 Technologies waste well to lower ~ No residue - tonnage nothing to landfill ~ More expensive ~ Air emission results excellent ~ Facilities in commercial operation (since 1994 ) ~ Fully responsive to the RFP (1) Cost per ton based on Altemate Proposal @ 150,000 tpy ~.---~ Page 8 f01t ":'j MAR 11 2003 "_.~ ~~............~, - '-'-~-~..... Appendix D Table 6. Comparative Alternatives Summary Maintain the existing landfill program designed to 105 feet (status quo) Institute mandatory commercial recycling and an enhanced residential collection program Expand landfill capacity by constructing a 50 foot retaining wall, but not increasing the landfill height higher than 1 05 feet Expand landfill capacity by increasing the landfill height to a maximum elevation of 160 feet (with a 50 foot retainin wall Develop a dirty materials recovery facilit for commercial MSW Develop a dirty materials recovery facility for commercial MSW and implement with Organic Waste Processin Develop a gasification facility (Brightstar) @ 150,000 t Develop a gasification facility (IWT) @ 150,000 t (1) The projected present value of the annual cost per household only changes with gasification. This occurs for two reasons: first, WMIF is obligated to expand the Naples landfill at no additional cost to the County: and second, the cost of the dirty materials recovery facility would be tied to the waste stream processed (commercial MSW) and thus would be the responsibility of the commercial waste generators. 21 o $1271 25 4 $1271 26 5 $1271 41 20 $1271 25 4 $1271 27 6 $1271 26 5 $135 27 6 $221 Table 7. Alternatives Scenario .>"'~<$~:i_Vf-~( ~ '" 4 " .... 'I" , '. . _ \ ~ ~ ~ 1 . Page 9 21 4 TOTAL 5-6 30+ AGENDA I~ No. I<D MAR 1 1 2003 Pg. 1 "J'~Y"""~1"~t EXECUTIVE SUMMARY REVIEW THE WRITTEN AND ORAL REPORTS OF THE ADVISORY BOARDS SCHEDULED FOR REVIEW IN 2003 IN ACCORDANCE WITH ORDINANCE NO. 2001-55 OBJECTIVE: To determine if existing advisory boards continue to address the issues they were created for, continue to warrant the time and funding required to retain them, and whether any adjustments are necessary. CONSIDERATIONS: Ordinance No. 2001-55 was created to provide a regular mechanism for the Board of County Commissioners to review all existing advisory boards every fourth year. There is a rotating schedule provided for within the ordinance that dictates which boards are to be reviewed in any given year. In 2003, ten (10) advisory boards are to be reviewed: .-- Board of Adjustment and Appeals County Government Productivity Committee Development Services Advisory Committee Emergency Medical Services Advisory Council Environmental Advisory Council Golden Gate Community Center Advisory Committee Immokalee Enterprise Zone Development Agency Library Advisory Board Pelican Bay MSTBU Advisory Committee Tourist Development Council Each board Chair provides a written report (copies attached) that answer specific questions provided for within the ordinance. In addition, the ordinance calls for each board to make an oral presentation to the County Commission during March of the year in which they are to be reviewed. The first five committees listed above will be reviewed at the March 11, 2003 BCC meeting, and the remaining five will be reviewed at the March 25,2003 BCC meeting. FISCAL IMPACT: In each case the boards scheduled for review require only the staff time needed to attend, prepare back up information, minutes and any additional information required by the Committee/Commission members. At a minimum, an advisory board will normally cost $2,000 annually. However, for staff intensive boards with significant back up requirements such as the Planning Commission, the cost to the County may be as much as $40,000 to $50,000 annually in staff time, copying charges, minutes and other expenses. GROWTH MANAGEMENT IMPACT: There is no direct Growth Management impact associated with this item. .-~, RECOMMENDATION: That the Board of County Commissioners review the written reports of the Boards scheduled for review in 2003, and direct any revisions that they determine are necessary to have these committees function as efficiently and effectively as possible. Prepared by: ~ ~ ~i-:r/o~ ; /. '. Win~!J~tone, Assistant to the COl:lnty Manag r . A!/'t~v't'} /L ~/~. // .~~/,' {)'\),' ~ ~f-//{~'?~1 ./'il...-/ / C t '(.; rI /f:),4-tJL/(-.t'.C ,t, ~;c.:, ;0,; lTE, f',"O. /0 lva~.R \ 1 2003 F; I '-'"-..---- ANNUAL ADVISORY BOARD REVIEW Collier County Ordinance 2001-55 (Review of County Boards) RE: . Board of Adjustments & Appeals Staff Agency: Building Review & Permitting, Community Development & Environmental Services Division Authority: Collier County Land Development Code, Division 5.4 Submitted: January 28, 2003 Summary: The purpose of this report is to provide the Board of County Commissioners a comprehensive update regarding the Board of Adjustments and Appeals and its accomplishments. 1. Whether the Board is serving the purpose for which it was created. Yes. The Board of Adjustments and Appeals is a 5 member advisory board. 2. Whether the Board is adequately serving current community needs. Yes. The Board of Adjustments and Appeals is utilized by a number of other existing agencies such as Florida Building Code, Fire Code Prevention and the LoC. 3. A list of the Board's major accomplishments for the preceding twelve- month period. None. The board has not had any meetings this year. 4. Whether there is any other Board or agency, either public or private, which is serving or would better serve the purpose for which the Board was created. No 5. Whether the ordinance creating the Board should be amended to allow the Board to more adequately serve the purpose for which it was created. The current members seem adequate to address the matters brought before the board. 6. Whether the Board's membership requirements should be modified. Yes. Regulations are currently being amended. 7. The cost, both direct and Indirect, of maintaining the Board. The staff is supported by fee driven.process such as application fees. _..__0. _ _"'''''''''' ::Er'~~);~TEMb I \ \ ~ '. MAR 1 1 2003 Pg.__ 2- Page 1 of 1 stone_ w From: JGibsonjr@aol.com Sent: Wednesday, January 15,20039:25 PM To: winonastone@colliergov.net Subject: Code Sec.2-113 Compliance Report James V. Mudd January 15, 2003 County Manager Dear Mr. Mudd: In accordance with the requirements of County Code Sec. 2-113 Review of Boards, the Productivity Committee is pleased to provide the following information. Since the last reporting period, functioning in accordance with the provisions of County Code Sec. 2-912, the Productivity Committee has undertaken a number of significant projects both independently and at the request of the Board of County Commisioners and/or the County Manager. In lieu of attempting to enumerate in their entirety the projects undertaken during this period, we would mention only those of high impact. Among these, the Committee would include its work in the formulation of alternative transportation financing methodologies, the review of the Collier County Airports operations, participation in the formulation of the FY2003 operating and capital budgets, and its ongoing review of major master plan and impact fee revisions and updates. Should you or the County Commissioners require additional information or clarification regarding the representations made herein, please do not hesitate to let us know. Respectfully submitted, James R. Gibson, Jr. Chairman Collier County Productivity Committee AGt:I\OA IT i..MIJ..... i<o. /0 LJ i I I MAR 1 1 2003 .3 F'" ~'- 1/16/2003 --~ ANNUALAD~SORYBOARDR~EW RE: DEVELOPMENT SERVICES ADVISORY COMMITTEE STAFF AGENCY: Joseph K. Schmitt, Administrator, Community Development and Environmental Services AUTHORITY: Collier County Ordinance No. 93-76, as amended SUBMITTED: January 29, 2003 SUMMARY: The Collier County Development Services Advisory Committee (DSAC) was created to provide reports and recommendations to the Board of County Commissioners to assist in the enhancement of operational efficiency and budgetary accountability within the Community Development and Environmental Services Division (CDES) and to serve as a primary communication link between Community Development and Environmental Services Division, the development industry and the citizens of Collier County. The current members of the 15 member committee include: Peter VanArsdale, Chairman Justin Martin, Vice-Chairman Charlie Abbott Dalas Disney Bob Duane Marco Espinar Blair Foley Brian Jones Dino Longo Tom Masters Bryan Milk Bob Mulhere Tom Peek Tony Pires Herb Savage The Board meets monthly, on the first Wednesday of the month at 3:30 p.m. in Conference Room E of the Development Services Center Pursuant to Ordinance No. 86-41, as amended, the annual report should consider: 1. Whether the Board is serving the purpose for which it was created. Yes. The Development Services Advisory Committee is serving the purpose for which it was created. The functions, powers and duties of the DSAC, as defined in Ord. 93-76, are being performed in accordance with their authority. ^r- ,-,,' '". ITE~ !-'.uCI':L,,'" r~o. Ii) , I MAR 1 1 2003 4 p~: 2. Whether the Board is adequately serving current community needs. Yes. The DSAC is serving the community by providing advice and assistance to County staff and by their review and recommendations to the BCC. 3. A list of the Board's major accomplishments for the preceding twelve month period: . The DSAC helped staff craft guidelines regarding the Transportation concurrency amendments - 3.15 . The DSAC reviewed over 100 proposed changes to the Land Development Code · The DSAC provided guidance and oversight in evaluating the use of Development Services fees and validated the need to raise fees · The DSAC reviewed and commented on the permit and impact fees for Public Utilities · The DSAC reviewed and commented on the Inter-local Agreement for the Fire Districts 4. Whether there is any other Board or agency, either public or private, which is serving or would better serve the purpose for which the board was created. No other board or committee serves the function that the DSAC does for the community. They provide professional input with regards to proposed ordinances and codes that may affect CDES prior to their submittal to the Board of County Commissioners. They serve as the primary communication link between CDES and the development industry and regularly identify concerns of the development industry and present them at the regularly scheduled meetings. 5. Whether the ordinance creating the Board should be amended to allow the Board to more adequately serve the purpose for which it was intended. The Development Services Advisory Committee believes the current Ordinance provides adequate direction at this time. 6. Whether the Board's membership requirements should be modified. No their current membership requirements should not be changed. 7. The cost, both direct and Indirect, of maintaining the Board. The" DSAC is a volunteer board that provides their service to the community free of charge. They attend a monthly meeting that usually takes two to three hours of ~':!.:.)AiT~ ! No. /0 \ MAR 1 1 2003 s time. There are a few members that serve on a subcommittee that meets once a month in addition to the regularly scheduled DSAC meeting. There is the additional time spent by the members prior to the meetings in reviewing the materials and information that they are sent for each meeting. The DSAC is supported by members of the Community Development and Environmental Services staff who are available for meetings and discussions outside of the monthly meetings and who attend the meeting each month. The following staff are typically in attendance at each DSAC meeting: Division Administrator, four Department Directors, one assistant County attorney and a court reporter. Operating costs consist of the direct costs of copying, mail and contractual services to provide meeting minutes. ~:~;=IJ;~~ IT~~ MAR 1 1 2003 LPg. 6 ~ 01/2312BB3 13:26 941394814B IlUTA/FAV BILES PAGE B2 . ANNUAL ADVISORY BOARD REVIEW EMERGENCY MEDICAL SERVICES ADVISORY COUNCD.. (DISAC) 1. WIt... tile..... II _ .... tile ......- .r...,'" It ... ~ted. EMSAC . .... year 2812 ...1erncI 6e p..,... .. q.oted .. ... by.... .. .. .... . c...., Onl.... No.... SectioM 50-27 ..dlae "e ptlrpoIe ad oItJ-a... aM "aetm.. ofEMSAC, "are to ad .. .. adriIory ...... to .... baud of COIllit)' ~....en _ aD apedI oI_....q aad ...... serrir8 .. tIl. ...ty.".- .. ...kw al ~....... __1,... by it aHlceralq tile q.aJity of tile _4tpacy ..IeaI_niceI beial ...dend _....d to ~.._d to ... baenlef COIl.ty eo....... (Bee) tile adloll, if ...11 J ~ ry_.." EMSAC III I'Y :z803 Us ....iewed, disnJsed, ..d .""""",d ..... ...... ad adiou prior to tIIeir beia.....ittcd to tlte Board 01 C...., C...__een iachl- dilll .... related to dI. nclpt, .D .... ..d ..reaa.... ~ otIter....deI, ed.catioul priorities, prod.ctimy, IndI 01 perron...cc, reo.......doII, ..,..wa, pat applieatiolll, aew eqaipaeat, aew terrioril8l rcladoal witIa otIaer apac:ieL n. .... oIEMS ... beeII to pruM' t.e ... advuced ..edlcal patte.t ca~ aad ICI'rica to t.e atift COIa....ity Ia a. .flideat a.d etrcetiYe .....r Ia al part of tile COIIaty. T.. r~I"IW.n to qHltiollI wi. refer back to tile pa~ oIEMSAC. 1. WIt..r tile (COIIadI by .....,) board II .......teIy ..nial carnat ~...ity .eedL EMSAC ... .... d.._. ... CIlrmt by.... lor tIl. put few yean, ..d tile lbaal revWo. w.. _ade ud .pproved ia A...... tit. put year. Two aew people were added to alae eo..dI to rep.....t t', Clevelaacl Cliaic ..d tile City ofMareo IaIutL AD five dWlI A.tl. .re rep........ p". two ....hen.. "at )alp rep"-'- tatiYeL" n.1oIIowIq agca" an nip........: Naples C......ity B.,aa. tile S'erUI'. DeputIa-t, Collier eo.aty BeaItII >>eparta..t, City of N..... Colier COIIaty J'ire CIa_ ~tioII. De bylaws wen .ppnwed by tile Lep1 Depart. _.t ..d tM BBC ia A..... Iae.toal...............,CI"C .pproved lOr ~. ALS E.p.e ........ip ~~ (AdYuced IA S.pport) wIdl tIl. City ofN.p.... Marco ...... ..d Eat N.p" Fin Coatrol..d a.a.e OW. k:tl.' BoudI of C_.....cn. EMSAC app~ed th I.. lDaII.......t... tint ........ Tnialq betweaa Collier C...ty ud GoIdft G.te, ".UoIee, ..d Eat NapI& It iI tile lint time .. Pire Depa........ sip'" "e .....t. N~~lj,j~~~TE~ -, MAR 1 1 2003 pg._L 81/23/2003 13:26 9413948140 MITA/FAV BILES PAGE 83 TII. IIlatIe wit. Mol'tIa Na.... ."... C_troI dt.trict w. appnnd for ..AId HI of StatioJl ~ at ...... ....t of 515,910.00 nidi .... tIl. total b.d" d.....1 2~ EMS Medic 11011 n"..dy IocaUd at Stado. ~ IMtnctIoa II.. Mea coap"" lOr II EMS peI....d to _"2 Bu M.t C...... T........ Aa EMSAC eo..ciI ...ber wu laclltator tor tento...... ed..doIl .. it ..- to C.... eo..ty A ~...ity .... w.. .et wll.. ABU. w.... diltrlhted wltlt traIa", 10 tltat !lOW' C..... eo.aty ,.. 344 DdIb....ton placed at t'71 dlll'erellt Ioatioa.. Tnlalq... Mea COIIIpleted for .,000 eltiBea.. TIle.-1 II to place 508 fa tIl. co..ty. Gn." received .. covered III .ut Mdioa oa Acco.pIiIII..... .. .re otIler topIn aIIO ohervin to tll. co....ity. n. Co....ity PlVln., EMS Departlll..t" Explorer POft 4911, ill ..ribed u.d.r No 3. It II a .....t .ceo.p.....t .. weD.. . eoID....ity pI'OII'UD. EMSAC apeed witIt tlae propuI,"Safc B..e. for Newoonl." dI.t will.. Fire, EMS, or Law Elllerce...t Sad... to accept Dew abuclolled babies, 11ft by tIleir .......... De bab.. wiD be trusported to. k.,itaI fadUty. 3. A LiId ofae "nI'. (C..cll) M.jor KCOBIp..."" (or pneediaC twdYe ...... period (J......,. 2fJ02- Deceaber 1012). AI tlae itelDl i. ...ber % .... a_ ..jor aceo.p......... ill %001. A _006 t.....ilioll wu ~p.1aed wll.. TOlD Storrar......... .. Adailliltnltor for E.'llIaC)' SerriceL K.. Pia.. becaae Actial AdIDi.iltrator. Joll. 0..... dI.. becuI. Ad..........r ill tll. hb. SerYias Dirilioa w.... reorp.llatlOll wu ...o.aced by Coaa., Muager, JmI Madel. Molt lipiJi.cut w.- .,."'.1 nrilioa of EMSAC'. bylaw, ..d .pproYal by tlte LepI Dcpa....eat .ad tIl. BCC. It added two .Haben to ... Co..ciI...... tor repraeatatio. by two addltloll" .... C.........d Clblie ..d."e City ofMan:o lllud. AI caadklatw for DWb let rep....tatioa w.n tuIId .. 2002. B.dpt .... were nmlYed ad red.diM of lO.e itau w. rem..."': EMSAC .......aded NIl." tile ..dpt by 124,... by ......... for tile p.....ee of EMS at .. w_ta ill C"r eo..ty wlt_ req..... EMSAC co." .... lbr. COIItrad ....... ~e Co.r C...ty ScllooI Board, _ilar to tile coatract witIa Nap. C.....itJ a....1taL . 1-\.' G~l~.)''::'' II db r-.:0. /0 MAR 1 1 2003 Pg. g __ ._ 01/23/2003 13:26 9413948140 MITA/FAY BILES PAGE 134 SUred .. of Statioa 46 _ftd ..., .r EMS (- No 2) A trader of $515,580 fiwI EMS .u..IPce Fea, .... R_"- for.......... tv UIS penouI..mce IN"" to ..."' 2GI3 ,.yroI. . atcHDcal.p'I--- for ALS EaaiM Palta......... Idjor ..,......__iI Ia......1oaI Act u..t for l1'int RespoIIder Y...... ~ for eow. Gate ud 1__.... .. ..Jor. It II tlte tint _. .. PIn Depuga......ed tile .......... Major 1ICCOIa......t w. worJdac witII ... P......diTlty C...ittee - ...... of perfDnaaa- ....... 011 ............... Set tIae .....lbr lION ~ .. '0. tIIey are lip...... aced to ~,.re to ....aI ......., .......... to ......... .... deL GJVWtII Ma.......t PIa. eaIIId for add_. two ...Bielol, ud dtlnlliou ...... lied dtat .." were .at aeeded. After leVeral yean of dilallloa w"' Nap. C.....tty BOlIphal B._care Sy- .... a coatract ",ull.alizecl to provide pro&aioul .... are tnnportatioa _~ for tile tnufer of"",a betwen NCB faeDitia. n. ac...eat reu.ta ia . baeftt to tile COlI.., by red._1 ......- till. for traupo.... ..d pnwid.. ....dm. for tile eIIIPJoy.J.t of dI.... (l) .dditioll.1 EMS _ploy... ne .....ide wII be ..aipped .. .. Adft8ced Life S.pport trauport ..it. EMS p.rdla.. ....., (5) .ew ..b....CeL Dey an Stertlq Modell at S65II nRltiallD -ml 59,081 per ..it. A. .peemellt "'u radled to ,1iIII.ate EMS.. betal caW a.tOIutically to aD tin alii, evell ..iDi..II.ade.... EMS wiD be called ..Ilea ..edial trIa..eat .. to be .tIIiDd, tII..... ~ Aeeo.p...... ...... .acnae i. Helicopter traII.port lea, dilal.... by EMSAC a.d appI'Uftd by tile BCC. AIda..... ...Il1o. abcMIl U.. bIt'Plaia. ..... COIIId .ot be add..... at COIlacil_eettap, tit. Cltaipcnoll of EMSAC atteaded al _Ip.Ia, ....L EMSAC ia mre.eIy prolld uti pleaed wi. tile EMS Depan..t.1 EspIorer'. P_ 4'l1t .. ....oot of~. BOJ ScMtL Lt. G.,. Spledl ... '.ored wtda tile MEzp"nn J ad......ipA..anllur O'...dial Leadenllp" tile C.....itJ. AIIo .. .... awarded .. -EspIonr Leader of. V_r.. Poa 4911 ncdved tile Natioaal QuIlty U.it Award . I", ad 2001 (30 auIeta) De J:MT PJooara- ..... at EdI- ... eo......, C.... ne State DeputIHIIt olB.... COIIang"" EMS.. dteir ......diq Scrrice IaIpediaL Velaide .ad Reeorda ..ere ~,,""adia.." --AGi~:0t.~f-t:M ~ i N:;. /0 MAR 1 1 2003 Pg.~-- 01/23/213133 13: 26 _.. 941~94814B MlTA/FAV BILES PAGE 85 DlMC .....iewed put .pplatio.. Itr (1) w.... oI'~ DLe..aIoII Eq.iplleat for 5171,196.95. BlB..n wu~,4, S44,72U4 ad (2) M.... Data T........1da d pnmd. _p.... to be -- to all ... S'79,511, EMI- SU.l1s. Gnata were r-AI... for (I) 11.,415 ... lor (2) .,,625 4. WMdIer.......,............ (CotIadI). .......bIIe or p......, ..tell .. ....... or WOIIId better...... ae ........ ... .'Ida dae ...... (COIIaciI) .... cna. W. _.. b-Wee of _,...cy .ervlca, .edleal tnatllelat, tnta... aJIdI..tty rclatiou, ud IMadptary ..... are .. .eeded to ........ ..... of COlI.., C..---en, tit... II 110 otIIer ...er Sa tile eo.." tat coald ....... .. tile illforIIatio. ...... to be tlae top EMS .. tlte S.... aad "...... EMBAC" ita ... bylaw. ... .. 1M e.... ........... ...... .... .... of OIIr ..., ill order to btnr wbt ....w. s. WIletller t" onU..." creIltlal tile Board (C_acil) IIlCHlld be ....ded to ..,., die S-rd (COII.ciI) to .ore adeq.atety ..... tile p.".. for wlllclllt WIll u.ted. TIle orella.... add. _I" ...t EMS II pd IIIoaIll be. It..,. oat wllat EMSAC .. u.d .... tile p...,.. ill ..d to wit.. tIIey report. We do .ot lee dI.t .., ..e.. ....t lit aeeded .t tII. po_I. ne ordi...ce refen to tbe .Co..eIL" AI repo.... 1II0II1d refer to "CotI.dI" ratlaer tit.. ........." 6. WIl.. tile Board', (C..cD's) ...benllip nq.....oa .laoalll be _odified. Wltla tile fiaal nvi8ioIl of EMSAC', bylaWl, ...benllip is .ow rep.......tive ol.B ....a. related to elHlleH1 .eclleaI....viceL Bylawl are .ow n~t. 7. D. COlt, bo6 dred ad Wired, 01........... a. ..rd (CoIIIICII). EMSAC opera" oa ....... dIred eoa. (paper, copia) etc.). Stall'tb.. II tile o.1y Wired COlt, .'Ida ill a .Ia.... 30 'van ....aIIy. A. ~r--.'- Il I~~ c<_<-<<I/'~< <"<~1 ._ _, ~_>,,..... I, _,', No.-..!o MAR 1 1 2003 Pg. /0 61/23/2663 13:41 9413948146 MIlA/FAV BILES PAGE 61 , ANNUAL ADVI!1Olty BOAJU) Jm\'Bw ~ DlDGENa MEDICAl. SDVlCI:B ADYllCaY 80AU STAFF AGENcY: ld'hp, ....'-' E.-rIlCJ lW............ AUTHORITY: C.... c..., 0r4I.11W N... ~l. _.. 1.dtd.. StJ8MlTl1:D: o--zs. M2 SUMMARY: .......... fa 1"1. lie "'I'IM" ......t s.m... A""'" ...... ...... ..C .......... .. .,............ ...,.. ,.....-... ...~ .. pI'M'IdIac opfJ-aI ,.,....... ........ or. .. .......... of.. 5-q..... _ nc. ........... c.... c...,. .. ...."..h a pn...... ... ..._.. DY ........" NelINa ., it ...I:n..... ... ...., " .. -.....aCT ...... JIni,. .... ........ .., .., dilly .......... .""W ~.MIad MrYt_ ~ ...... ... GhIIty; .. tD fudwa. ........ ..;...... ... ...... .. .." be .......ry. c.n.a "_"n ., dI. ...... Ja__ Dr. '111 ..... a....... Ma. Call DoIIa MI. .,...... Vick Mr..... McEny Dr. JMI M_. Mr. Mlcbel M...,.,. Mr. Rob ~..... Mr. G.7 V.... MI........ ......-r.'dt Mr. ...... Uird .... MInaeI G....., Ms. Va"'" SIgJD Mr.1o.Iua Bow" ML K8tIarya G.....,. De ..... ...... "eMf, ....., .. .. .. W....6IJ oldie ....~ .. 3:00 ,...., · ... Bee .... Iloaa. Meedqa an ...... .... ..... _ a.1~" 11, die c.a.,'. o.w......... AI J _ ,......... l'IIn..... 0...... N.. 'Ul. _ ~101R 1'111\ . ....,,..,, ...., f*tI4f..6~ 1. wt~.. at ...... II ... ".. die pw ~.c for''''' cia it .. ....... r -- '--. .'~~--, , 1 N~'.-"-' ~'-:t~~ ...,vi ~ . MAR 1 1 2003 Pg. II ~i/23/2~83 13:41 941394814~ MITA/FAV BILES PAGE 82 2. Wlledl... tIM Board it......... ....... __ ._ ....., ....... 3. .4. lit vi tile ......'i ..,... ......;.II_ca ... ... ......... "eM ..... ....... <_...., 2Ot2 - DID._ JOIZ); .. WIaftIa...... It .., ...... ...... .. '-tf, ... .... .. ....... .... II Mn'IaI ........... ...... MI'ft Gte,....... r....... ... .... WM cnM8IL s. ~........... a..... ...1IoenI...... ... _w to ... .. ..... - .en adtq....., ""II tIN p.rpoM lor wtJcIIlt..... ~ted. 6. WIle.... ... ....-, .......... ......._.. ........ .. ....... 7. TIle coM, .... cIind u4""" .,.......... ... "rei. n. ~ >>tlIctM ~ ~ IkJtlrd opmlla 011 taWINJl fllnc' t:(JIII rpqp., <<Ipw.te.). !ir4f1t1Jft1 u 'III orrly iIttlnet CWl. tMk:Ir 1611 MInIftlI 30 Itor~ -.I ifill,. ,~G~~'''!);\ I-I~M b I'll.;, /0 MAR \ 1 2003 "Pg.- /~ ,. QUADRENNIAL ADVISORY BOARD REVIEW RE: COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL STAFF AGENCY: Environmental Services Department,. ~ommunity Development and Environmental Services Division AUTHORITY: Collier County Land Development Code Division 5.12; Ordinance 99-6 SUBMITTED: January 10,2003 SUMMARY: Established in January 27, 1999, the Collier County Environmental Advisory Council (EAC) is a combination of two previous advisory boards, The Environmental Advisory Board (EAB) and the Environmental Policy and Technical Advisory Board (EPTAB). The EAB had been a culmination of two advisory boards, the Environmental Advisory Council (old EAC) and the Water Management Advisory Board (WMAB). The current EAC is charged to act in an advisory capacity to the Board of County Commissioners (BCC) in matters dealing with the regulation, control, management, use or exploitation of any or all natural resources of or within the county and the review and evaluation of specific zoning and development petitions and their impact on those resources. The current members of the 9 members EAC include: Thomas Sansbury, Chairman Michael Coe, Vice Chairman Ed Carlson John Dowd Alfred Gal Ken Humiston Erica Lynne Alexandra Santoro Michael Sorrell The EAC meets monthly, on tl)e 1st Monday of the month, at 9:00 a.m., in the Third Floor Board Meeting Room of the Turner Building. Meetings are taped and aired on the County's Government Access Channel. AGE.:cJA ITEI No. /0 EAC QuadreIllliDl Review, Janwuy 2003 Page 1 of3 Pg. MAR 1 1 2003 /3 On January 8, the EAC at their regular meeting discussed the Quadrennial Review and provided the following responses to these questions: 1. Whether the Board is serving the purpose for which it was created. Yes. The EAC is serving the purpose for which it was created. The EAC formally discussed in detail the four main functions of the ,EAC and agreed that they are performing them in accordance with their authority. 2. Whether the Board is adequately serving current community needs. Yes. The EAC is serving the community by providing the environmental advice, and assistance to County staff and their review and recommendations to the BCe. However they felt that they could better serve the public by focusing more on the environmental policy issues that face Collier County. 3. A list of the Board's major accomplishments for the preceding twelve month period: . The EAC reviewed and commented on several major projects this past year, which required them to scheduled additional meetings to complete. . The EAC reviewed and commented on all aspects related to the final order; the Rural Fringe and Rural (Eastern) Lands transmittal and adoption hearings. . The EAC had workshops on wetlands policies, rules and jurisdictional reviews by other municipalities and state and federal agencies. . The EAC had workshops on coastal environmental issues, which included sea turtles, beach raking, and coastal control setback issues. . The EAC reviewed and participated in the process for hiring a Hearing Examiner. 4. Whether there is any other Board or agency~ either public or private, which is serving or would better serve the purpose for which the Board was created. - No other board or committee serves the function that the EAC does for the community. They provide- professional input with regards to water management. environmental assessment, policy and procedures, and provide a forum for the public to comment on any environmental issues that they feel should be heard bYi C-6unry~_ _ . .: --..- staff or the BCe. P,..:.r;.."uA IT~ ' No. /0 EAC Quodrmniol Review. JtIIUIIUY 2003 MAR 1 1 2003 Pagt! 2 of 3 Pg. /1' ~ S. Whether the ordinance creating the Board should be amended to allow the Board to more adequately serve the purpose for which it was created. The EAC recommended that the issue of a quorum for a vote be changed. The current language requires that an affirmative vote of./we or more members shall be needed to take official action. The EAC voted to remove the second sentence in section 5.13.5.2 in hopes of allowing the EAC to conduct business in the same manner as the other county boards. 6. Whether the Board's membership requirements should be modified. No, their current membership requirements should not be changed. In 1999, the Board of County Commissioners did modify the qualifications for appointment to the EAC when they combined the old EAB and EPTAB. 7. The cost, both direct and indirect, of maintaining the Board. The EAC is a volunteer board that provides their service to the community free of charge. They attend monthly meeting, which usually take three to four hours of their time. There are a few members that serve on a subcommittee that meets once or twice in addition to the regularly scheduled EAC meeting. There is the additional time that the members provide, prior to the meetings, in reviewing the materials and information that they are sent for each meeting. The EAC is supported by members of the Community Development and Environmental Services staff who are available for meetings and discussions outside of the monthly meetings and who attend the meetings each month. The following staff are typically in attendance at each EAC meeting: two Environmental Specialists, two Senior Engineers, the Environmental Services Department Director, one or more Principal Planners, one assistant County attorney and a court reporter. Staff has estimated that the total cost to administer the EAC is $30,000 per year: Total $20,000 $10,000 $30, ()()() Personnel Operating Personnel Costs are based on a fully burdened rate for the staff time identified above. Operating Costs consist of the direct costs for copying, mail and contractual services to provide meeting minutes. EAC QuadreMiol RevWN, JtI1IIIIUY 2003 AGENDA 1TEMb 1 No. /0 ~:R g: ::003 \ EXECUTIVE SUMMARY REQUEST BOARD AUTHORIZE STAFF TO NEGOTIATE A LOCAL AGENCY PROGRAM (LAP) AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE INSTALLATION OF HIGHWAY LIGHTING ALONG US 41 EAST FROM BROWARD STREET TO COLLIER BOULEVARD (CR 951) FOR A TOTAL COST ESTIMATED TO BE ABOUT $500,000 OBJECTIVE: To present a program to the Board for acceleration of the installation of highway lighting along US 41 East from Broward Street east to Collier Boulevard (CR 951) via the use of an interlocal agreement for cost reimbursement from the FDOT. ,..,._., CONSIDERATIONS: The FDOT six-lane improvement project for the segment of US 41 East from Barefoot Williams Road east to Collier Boulevard has no provision for the addition of highway lighting. The segment from Broward Street to Barefoot Williams Road, recently completed, also is devoid of highway lighting. Those segments of US 41 East are very dark at night in comparison to other segments due to the lack of intense roadside development and there is little light spill from adjacent properties. In addition, there have been several crashes and numerous requests for additional highway lighting from residents. Transportation Services Division staff, in conjunction with FDOT staff and the State's and County's contractors, have developed a plan, consistent with options presented to the MPO, to provide highway lighting in advance of the time it would become feasible for FDOT to provide the lighting in the course of its Work Program development over the next six years. The proposed program is as follows: 1. The County's Annual Street Light Maintenance and Installation Contractor has poles available immediately and is willing to provide the necessary lighting facilities under a work order consistent with the Annual Contract. The segment of US 41 East to be improved with these poles is from Broward Street east to Barefoot Williams Road. The FDOT's Street Lighting Contractor has agreed to work wilt. the County and install the poles from Barefoot Williams Road east to Collier Boulevard. This work will "piggy-back" on to the work currently being done to provide the six-lane improvements. Additionally, this Contractor will provide construction plans for both portions of this project. Funding for the entire project will be from Fund 313, Reserves, with payback to be made from FDOT Urban Area Funds currently programmed for disbursement in FDOT FY 2007. ----;-:. :t.--'--:;-, :- -.~-;-- f"\~ 1'''_.'''"'' I: _, it No.__ I tJ rJ..:: MAR 1 1 2003 Pg. / 2. 3. - . . Executive Summary Highway Lighting for US 41 East Page 2 of 2 ntJFISCAL IMPACT: The total project is estimated to cost about $500,000. Funding in l U'~ the amount of $275,000 will come from project #65032 Radio Road from Livingston Road to Airport Pulling Road Median Modifications, $30,000 will come from project 60047 CR92 Box Culvert Project, $100,000 from Project 60107 CR850 Corkscrew Road Culvert Pipe, and $95,000 from Advanced Right of Way Project 60171. Budget amendments will be needed to move these funds into Project #60007 Street Lighting Program. Source of Funds are Gas Taxes. FDOT proposes to fund the project outside of the normal Work Program in FY 08/09. The County will be expected to provide all funding up front and FDOT will move the funds into the current Work Program after July 1,2003 for reimbursement from the FDOT XU (Urban Area) funds in FDOT FY 06/07. There is currently $2,439,000 programmed in this item in the FDOT Work Program. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this proposed project. .- RECOMMENDATION: That the Board authorize staff to negotiate with the FDOT for a LAP Agreement to implement this proposal and to return to the Board for approval of the Agreement and appy-e the necessary bud et ameI39ments. ~ /~ . SUBMITTEDBY:~~ ' Date: z/zt:0) Edward J. Kant, P. Tr a lOn Operations Director ' AiJ/' . . J APPROVED BY: VL Date: ,~" Norman E. F de , AICP, Transportation Administrator - f --7~-=:--:". ,- '-'. . t~~;~~' 7bE; MAR 1 1 2003 Pg. 2- EXECUTIVE SUMMARY CONSIDERATION OF HISPANIC AFFAIRS ADVISORY BOARD REPORT OF GOALS AND OBJECTIVES AS REQUESTED BY THE BOARD OF COUNTY COMMISSIONERS OBJECTIVE: To consider the Hispanic Affairs Advisory Board report that lists the organization's goals and objectives as requested by the Board of County Commissioners. CONSIDERATIONS: As previously directed by the BCC, both the Hispanic Affairs Advisory Board (HAAB) and the Black Affairs Advisory Board (BAAB) were asked by their staff liaisons to consider dissolution of their respective boards in exchange for creation of one board that would include representation of all minorities. Both the HAAB and the BAAB communicated to the County Commission their opposition to dissolution of their respective boards. As a result, the County Commission has requested each board provide a work plan that includes their annual goals, objectives and milestones. - FISCAL IMPACT: There is no fiscal impact associated with acceptance of this report. GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners accept and endorse the report submitted by the Hispanic Affi . s Advisory Board that includes its goals and objectives. REVIEWED BY: SUBMITTED BY. Date: Date: "71110 ) ",- - -. I'~ .--..... _.._ .... -:....~ - fOP ; MAR 11 2003 i-:J~ '-;:;.. -.. . -- COLLIER COUNTY HISPAN~C AFFAIRS ADVISORY BOARD ~- 3301 East TRmi$lmi Trail Naples, Florida 34112 February 21, 2003 Commissioner Thomas Henning, Chairman, District #2 Commissioner Donna Fiala, Vice-Chairman, District #1 Commissioner Fred W. Coyle, District #4 Commissioner Jim Coletta, District #5 Commissioner Frank Halas, District #3 Dear Commissioners: Attached please find the Hispanic Affairs Advisory Board's (HAAB) goals and objectives. As indicated in our previous communication to the Commission, we believe the concerns of the HAAB go well beyond the issues of prejudice and discrimination that would primarily be addressed by the Community Relations Information and Referral Service. Although we see the Community Service office as an important complement to the work of the HAAB, it is certainly not a replacement for it. The mission of the HAAB is at least as important today as when the Board was formed. The original charge to the HAAB was "to identify and evaluate problems unique to the Hispanic community and to promote and foster better understanding by the County of the problems facing the minority community." This remains a valid and important charge, especially given a growing Hispanic population. In 1990, 14 % of Collier County was Hispanic; today over 20% of the residents of Collier County are Hispanic. In addition, the HAAB is critically important today because, according to the 2000 Census, most Collier County Hispanics reside in urn lcorporated areas of the County. For example, while 71 % of Immokalee residents are Hispanic, only about 2% of the residents of the City of Naples are Hispanic. Although well-represented by their respective Commissioners, many Hispanics lack the additional leverage which incorporation provides residents of the City of Naples, Everglades City and Marco Island. Given this situation, we feel it is extremely important to maintain a Hispanic Affairs Advisory Board, for It serves as an important additional mechanism of communication between County government and the Hispanic community. . -- ...,...~-;;.""- ---.... '.- - ---.. '. to.!)' MAR 11 2003 ..~ -' ~--.;;;..;;.::,i!:c:..:::=r_ Collier County Commissioners February 21, 2003 Page 2 We respectfully request your acceptance of these goals and objectives. We also ask that the Board be open to approving some limited funding that may be necessary for accomplishment of the goals and objectives. The HAAB will present to you the specifics of any such funding requests as the need rises in the future. If the Board acceptS the HAAB Goals and Objectives, we ask that this material be distributed to the County Manager and staff, as well as other constitutional officers, so that they may be informed of our interests and activities. Respectfully Submitted, c-- ~) Carlos A viles, Chairman Attachment CA/sc cc: J ames Mudd, County Manager/ HAAB Board Members Rarniro Mafialich, Chief Assistant County Attorney and HAAB Liaison David C. Weigel, County Attorney Debbie Wight, Assistant to the County Manager BAAB Chairman HIRamiroIHAABILtt. to Commissiooers from Aviles. "'.- ~ ~--~ - -'''''. loD. MAR 11 2003 "..;,;,~-~-- HISPANIC AFFAIRS ADVISORY BOARD 2003 GOALS I. Increase Civic Involvement by the Hispanic Population in Collier County. A. HAAB sponsored workshops on how Collier governmental and nongovernmental entities work in areas of interest: Community Planning; Affordable Housing; Health Care; Farm Workers; English Proficiency; Economic Development; Workplace Diversity; Administration and Voter Participation. (Not an exclusive list). . Hold six (6) workshops in the next calendar year in different locations in the community. B. Actively participate in voter registration and education opportunities with Supervisor of Elections' Office. . Increase Hispanic voter registration by five (5%) percent and voter participation by ten (10%) percent. . Hold six (6) voter registration and training sessions with Supervisor of Elections. ll. Identify existing governmental or community programs that increase educational opportunities for Hispanics with limited English proficiency for professional, vocational/technical and homemakers. Identify needs and gaps in delivery of services, if any. Propose solutions. ID. Increase the visibility of the diverse Hispanic population in Collier County. A. Award/recognition program to community groups. businesses and individuals who promote a positive image of the Hispanic population. B. Identify HAAB speakers for civic organizations on topics of interest. IV. CoUaborate with existing organizations and prognuns-public and priva~n study and implementation of service delivery to Hispanic population to identify future areas for County Commission attention. V. Improve community access to information of interest to the Hispanic community. A. Create HAAB website on Collier County Web site. B. Encourage County to publicize and advertise in local Hispanic newspapers. VI. Promote understanding of civil rights and civil liberties. Monitor enforcemeJK..'-- by appropriate agencies. /O."Z) HIRaminlt'HAABIALS 2003 MAR 11 2003 .1__ ~..._..__..__._..~ ....:. HISPANIC AFFAIRS ADVISORY BOARD 2003 GOALS WORKPLAN Determin"e number of meetings that members can reasonably attend Prioritize goals. Assign leaders to goals. Determine impact on County support staff. Request additional support if necessary. Next meeting: invite David WeeIcs. Planning Department, to talk about the demographics of the Hispanic population in Collier County. Bring maps created by the SOE office showing the disbursement of the population and the registered Hispanic voters. . . Need to know social economicJeducatioDlemployment levels etc. or County and by Census Designated Places (CDPs). Plus other material of interest. Compare to national, state and other County information. Invite Jennifer Edwards and staff to provide information on voter pOarticipation. Invite Chuck MohIke and Mike Carr to talk about how their organizations contribute to this process. I. Increase civic involvement by the Hispanic population in Collier County. A. HAAB sponsored workshops on how Collier governmental and nongovernmental entities work in areas of interest. Commission School Board Fire Districts Law Enforcement Sheriff's Department Naples' Police Marco Island Police Collier County Government Transportation (Public Trans.) & Road building/maintenance Affordable Housing Health Care Farm workers/migrant workers Economic Development (capital availability) Promote Hispanic entrepreneurs Workplace Diversity (Recruitment and Retention practices) ~,- - ~- "-\....~ - /dP' MAR 11 2003 S- ....... PubliclPrivate Parks an Recreation Planning Municipalities Naples Marco Island Everglades City Community Planning Districts Collier County Legislative Delegation Economic Development Council Non-profit - Community and Social service Organizations Community Foundation Guadalupe Center Religious organizations B. Actively participate in Voter Registration and Education opportunities with Supervisor of Elections Office Invite Jennifer Edwards and staff to next meeting with David Weeks. Set up training session(s) with Cindy Young for voter registration and education. ll. Identify existing governmental or community progfams that increase educational opportunities for Hispanics with limited English proficiency for professional, vocational/technical and homemakers. Identify need and gaps in delivery of services if any. - Propose solutions. Identify County and community service -providers. Ask Clerk of Court and County Manager for budget and program information. Seek private sector information with assistance of BCC. ID. Increase the visibility of the diverse Hispanic population in Collier County. A. Award lrecognition program to community groups, businesses and individuals who promote a positive image of the Hispanic population. Identify any existing programs like Lee County HAAB. Determine funding sources required, determine criteria, select judges, set timing of nominations and presentations (best time of year not to conflict with other community events) etc. -~.. . lOP MAR 11 2003 UJ B. Identify HAAB speakers for civic organizations on topics of interest. Choose areas of interest to the Board that need support from community and hit the streets with a message. IV. Collaborate with eXisting organizations and programs - public and private - on study and implementation of service delivery to Hispanic population to identify future areas for County Commission attention. Ask Clerk. of Court and County Manager for appropriate budget and review of program information. Seek information from other organizations: Economic Development Council - Greater Naples Chamber of Conimerce S.W. Florida Hispanic Ch~ber of Commerce Hispanic Chamber of Commerce Community Foundation Guadalupe Center Places of worship V. Improve community access to information of interest to the Hispanic Community. A. Create HAAB website on Collier County Web site to communicate: to publicize meetings/workshops and to provide information of interest to the Hispanic community. B. Determine resources available, assign responsibility to maintain currency of material content and to liaise with staff. C. Encourage County to publicize and advertise in local Hispanic newspapers. VI. Promote understanding of civil rights and civil liberties. Monitor enforcement by appropriate agencies. Continue work on farm workers/growersldistributors/market dialogue. Continue relationship and dialogue with Sheriff's Department. lOP MAR 11 2003 ----_.1 _ ,.......... EXECUTIVE SUMMARY APPROVAL OF A REQUEST THAT THE BOARD ADOPT A RESOLUTION TO SUPPORT THE NAME OF DR. MARTIN LUTHER KING, JR. ELEMENTARY SCHOOL LOCATED AT 4095 18TH AVENUE, N.E., NAPLES, FLORIDA. OBJECTIVE: That the Board of County Commissioners Adopt a resolution supporting the name of Dr. Martin Luther King, Jr. Elementary School located at 4095 ISth Avenue, N.E., Naples, Florida. .,.........h CONSIDERATIONS: It is the role of the Black Affairs Advisory Board to identify and evaluate problems unique to the Black community. During the Board's meeting of February 24, 2003, the members endorsed retaining the name of Dr. Martin Luther King, Jr. Elementary School located at 4095 1 Sth A venue, N .E., as a means ofkeeping the memory of Reverend Dr. King's dream for equality, justice, and freedom alive. In addition, the B lack A ffairs A dvisory Board requests that the Board 0 f Commissioners adopt a Resolution which outlines its support for retaining the name of the elementary school and that the Board authorize the Clerk to the Board to provide a copy of that resolution to the Collier County School Board. FISCAL IMP ACT: There is no fiscal impact associated with this item. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: The Black Affairs Advisory Board recommends that the Board of County Commissioners adopt a resolution in support of retaining the name of Dr. Martin Luther King, Jr. Elementary School located at 4095 ISth Avenue, N.E., Naples. Florida and direct the Clerk to the Board to forward a copy of the resolution to the Collier County School Board. \ SUBMmED BY: \. Date: 11271o~ Jo ,- Aoend~ 1~ No ..L!::.~ MAR 1 1 2003 pg. I 1 RESOLUTION NO. 2003 - 2 3 A RESOLUTION TO SUPPORT mE NAME OF DR. MARTIN LUTHER KING, JR. 4 ELEMENTARY SCHOOL LOCATED AT 4095 18111 AVENUE, N.E., NAPLES, 5 FLORIDA. 6 7 8 WHEREAS, the Collier County School Board is scbeduled to reconsider the naming of 9 Dr. Martin Luther King. Jr. Elementary Scboollocated at 4095 18th Avenue, N.E., Naples, FL. 10 34120; and 11 WHEREAS, the Reverend Dr. Martin Luther King. Jr. believed in the dignity and self- 12 worth of every individual, and subsequently, gave bis life defending bis beliefs; and 13 WHEREAS, the Reverend Dr. Martin Luther King, Jr. inspired people and nations world- 14 wide to strive in a non-violent manner for human rights, civil liberties, and economic guarantees 15 rightfully due people of all races; and 16 WHEREAS, the Reverend Dr. Martin Luther King, Jr. was the recipient of the Nobel 17 Peace Prize for, among other things, bis lifetime commitment to non-violence; and 18 WHEREAS, it is particularly important for our community to continue to recognize and 19 honor the memory of a man who dedicated bis life to ensure equality for all people; and 20 WHEREAS, it is fitting and proper that this institution of learning be named after 21 Reverend Dr. Martin Luther King. Jr., regardless of its location; and 22 WHEREAS, under County Ordinance, the Black Affairs Advisory Board "shall identify 23 and evaluate problems unique to the Black community"; and 24 WHEREAS, the Black Affairs Advisory Board, meeting in regular session on February 25 24, 2003, endorsed retaining the name of Dr. Martin Luther King, Jr. Elementary School as a 26 means of keeping the memory of bis dream for equality, justice, and freedom alive. 27 NOW, THERE, BE IT RESOLVED BY THE BOARD OF COUNTY 28 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 29 30 The Board of County Commissioner supports retaining the name of the Dr. Martin Luther 31 King. Jr. Elementary School located at 4095 18d Avenue, N.E., Naples, FL 34120. 32 Be it further resolved that the CleIk to the Board be directed to transmit a copy of this 33 resolution to the Collier County School Board. 34 THIS RESOLUTION ADOPTED after motion. second. and majority vote this 11 th day 35 ofMarcb 2003. 36 37 38 39 Agenda l~ No.-/Q~ MAR 1 1 2003 Pg. ~ 1 ATTEST: BOARD OF COUNTY COMMISSIONERS 2 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 3 4 5 By: BY: 6 TOM HENNING. CHAIRMAN 7 8 9 10 Approved as to Form and Legal Sufficiency: 11 12 , 13 By: 14 15 16 17 18 19 H: JHRI Raolutionsl BAAS Rao MUC Elementary School 20 Agenda ItS: No. Je) . MAR 1 1 2003 Pg. ~ '3 2 EXECUTIVE SUMMARY ,..,,"'" REVIEW OF PREPAREDNESS PLANNING ACTIVITIES IN THE EVENT THAT THE DEPARTMENT OF HOMELAND SECURITY PLACES THE NATION UNDER A SEVERE RISK OF DOMESTIC TERRORISM (THREAT LEVEL RED) OBJECTIVE: That the Board of County Commissioners review and approve the adoption of the attached planning document and a draft copy of a ResolutionlProclamation that will become a part of the Terrorism Incident Response Annex of the Comprehensive Emergency Management - Plan. CONSIDERATIONS: The Emergency Management and Facilities Management Departments have been working closely with the FDLE Regional Domestic Security Task Force to create an attachment to the County's Terrorism Incident Response Annex in the event that the Department of Homeland Security escalates the national threat level to severe (red). Responses would range from a credible threat to Collier County, credible threat to Southwest Florida, credible threat to Florida, credible threat to the nation, to the country at war with no credible threat. The attached planning document (attch. 1) will be used as a guide in determining response to the threat and is not all inclusive. The draft proclamation (attch. 2) is similar to those used for potential natural disasters and meet the requirements of Chapter 252.38 (3), Florida Statutes ...-...~ FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners Approve, in concept, the attached domestic terrorism planning criteria and the draft proclamation for use in the event the Department of Homeland Security places the nation under a severe threat of domestic terrorism. 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IN M I~ ,...... 1(0- -. - - 0 - N M~ - - In r- oo 0\ - - - - - - - ~ = ~ ("r) ~~ '0 - \[> -- " ~ ct ~ In ~ ~ ~ ff) ~ N ~ - ~ :- :-' ~ ~ - ~ - := "0 - DR-AFT PROCLAMA TIONIRESOLUTION No. PROCLAMATION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY TO DECLARE A STATE OF EMERGENCY FOR ALL TERRITORY WITHIN THE LEGAL BOUNDARIES OF COLLIER COUNTY INCLUDING ALL INCORPORATED AND UNINCORPORATED AREAS WHEREAS, the United States Department of Homeland Security has raised the domestic teJTOrism threat to severe (Red) for the United States. WHEREAS, the Florida Department of Law Enforcement has received intelligence of a credible threat to South Florida, including Collier County. WHEREAS, Chapter 252.38 (3) (a) (5), Florida Statutes, provides for a political subdivision, such as Collier County to declare a "State of Local Emergency" and to waive the procedures and formalities otherwise required of political subdivisions by law pertaining to: 1. Performance of public work and taking whatever prudent action is necessary to ensure the health, safety and welfare of the community; 2. Entering into contracts; 3. Incurring obligations; 4. Employment of permanent and temporary workers; 5. Rental of equipment; 6. Utilization of volunteer workers; 7. Acquisition and distribution, with or without compensation, of supplies, materials and facilities; 8. Appropriation and expenditure of public funds. NOW THEREFORE, IT IS RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, in session, this _ day of 2003, that there is a credible threat to the lives and property of residents and guests of Collier County and that a State of Local Emergency be declared, effective immediately for aU territory in the incorporated and unincorporated areas of Collier County BE IT BE FURTHER RESOLVED, that the Board of County Commissioners hereby exercises its authority pursuant to Collier County Ordinance 84-37, as amended, and waives the procedures and formalities required by law of a political subdivision, as provided in Chapter 252.38 (a) (3) (5), Florida Statutes. This Resolution adopted after second and majority vote favoring same. ATTEST: Dwight E. Brock, Clerk DATED: Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Chairman AGENDAgM No. 10. , MAR 1 1 2003 pg. b Approved as to form and legal sufficiency: David C. Weigel, County Attorney Attachment 2 EXECUTIVE SUMMARY AUTHORIZATION FOR THE COUNTY ATTORNEY TO PREPARE AND ADVERTISE ORDINANCES AUTHORIZING THE EXTENSION OF THE FIVE AND SIX CENTS LOCAL OPTION GAS TAXES AND THE VOTED (9TH cent) GAS TAX. OBJECTIVE: That the Board of County Commissioners authorizes the County Attorney to prepare and advertise ordinances to extend the five and six cents local option gas taxes and the voted (9th cent) gas tax to provide additional bonding capacity to fund future transportation projects in the five-year work program. CONSIDERATIONS: The Board of County Commissioners originally approved the transportation- financing plan on March 12, 2002. The plan required a series of revenue bonds, pledging all available. gas tax revenues and a portion of the County's available sales tax bonding capacity. The plan was later updated as part of this year's Annual Update and Inventory Report (AUIR) of the Collier County Growth Management Plan. The financial implications of the plan were also discussed during the AUIR workshop on December 20, 2002. Specifically, the County Manager noted that the bonding capacity of the financing plan was based on the continuation of all gas taxes that are currently in place in Collier County and that staff would be seeking authorization to extend the local option gas taxes. The Board further discussed this item on February 28, 2003 when staff presented additional data requested.by the Board relative to the need for the gas tax extensions. The consensus of the Board was to seek an extension of the local option gas taxes through 2025, as this provides the 20-year pledges required to secure the second series of gas tax revenue bonds (estimated to commence in 2005 through 2025). The current expiration dates and the recommended extension dates for each of the local option gas taxes are noted below: Gas Tax Ninth (9th) Cent Gas Tax Six Cents Local Option Gas Tax Five Cents Local Option Gas Tax Expiration Date March 10, 2010 August 31, 2015 August 31, 2023 Recommended Extension Date through August 31, 2025 through August 31, 2025 through August 31, 2025 Future Transportation Bond Issues The second series of transportation bonds (to be issued in FY 2004 or 2005 depending on project timing) will have greater complexity due to legal issues associated with the gas taxes to be pledged. Florida Statutes are not perfectly clear regarding the ability to extend the six cents local option gas tax beyond the initial 30-year authorization, and there are potential disclosure issues associated with the ability to pledge the Constitutional Gas Tax (relative to the State of Florida's ability to redirect these revenues). - AGENDA It\ No. /0 MAR 1 1 2003 Pg. I . . . ,. Bond Counsel is of the opinion that these gas taxes can be further extended and pledged to secure the second series of transportation revenue bonds. Upon approval by the Board of County Commissioners to extend the expiring gas taxes, the legal questions will be addressed through a bond validation process. The validation process involves taking the legal questions to Circuit Court to address three basic questions: is there legal authority to bond these projects, can bonds be issued for such. purpose, and can bonds be secured with this revenue source. If there were any interveners, there would be a direct appeal to the Florida Supreme Court that would add, at a minimum, approximately 9 - 12 months to the process. Therefore, it is recommended that the gas tax extensions and the validation process be initiated immediately after the issuance of the Series 2003 bonds, so that legal issues will be resolved prior to the need for the second series of transportation bonds. FISCAL IMPACT: In FY 2003, the five-cent local option gas tax is budgeted to generate' $4,883,900, the six-cent local option gas tax is budgeted to generate $6,333,700 and the 9lh cent gas tax is budgeted to generate $1,437,500 in revenue. GROWTH MANAGEMENT IMPACT: Extension of these respective gas taxes will provide additional future bonding capacity to finance the construction of road projects required to meet concurrency requirements established in the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. Authorize the County Attorney to prepare and advertise ordinances to extend the Five and Six Cents Local Option Gas Taxes and the 9th Cent Gas Tax through August 31, 2025. Michael Smykowski, 0 Date: 3 - L-j- () :5 SUBMITTED BY: REVIEWED BY: Date: ~ luff (JrB .. . ~~ / ~/!7 APPROVED BY: David C. V'j eigel, County .' '.::-: ~~/ // // ~~/.. ,/)'-~~~>~ _,~- - - _r Jarrles V. Mudd, County Manager' Date: AGENDA ITt\ No. /0 MAR 1 1 2003 Pg. 2- E"X'ECUTIV.B SUl.VIl.VI.A..R.Y PROPOSED AMENDMENT TO RESOLUTION 2000-455 WHICH ESTABLISHED A FEE SCHEDULE OF DEVELOPMENT RELATED REVIEW AND PROCESSING FEES AS PROVIDED FOR IN DIVISION 1.10 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE. OBJECTIVE: To have the Board of County Commissioners approve an amendment to the fee schedule for building permit and development review fees. CONSIDERATIONS: The majority of operations within Collier County's Community Development and Environmental Services Division (CDES) are funded by fee revenue, fees paid by those people engaging CDES's services. As directed by Florida Statues, fees collected as part of the land development and building construction process are segregated into their own fund, fund 113, and can only be used to fund costs incurred in regulating and servicing the land development and building construction process. CDES's Planning, Engineering, Building Review and Inspections, and associated operations are fully or in large part funded by fees collected at the time of service, and deposited into Fund 113. As part of this process, it is CDES's goal to insure that such services are fully supported by those requesting and receiving them, and that fees charged reflect CDES's cost of providing those services and not more. Building permit fees charged for construction within Collier County are based on the construction value of the individual projects, with fees calculated as a set rate per thousand dollars of construction value. Construction values are declared by the party seeking the building permit, but a minimum amount is established by the use of construction valuation tables. These construction valuation tables are published by the Southern Building Code Congress International (SBCCI), and reflect the average construction costs within this region of the country. The SBCCI conducts annual surveys within the industry, and updates the tables accordingly. When Community Development's One-Stop-Shop permitting function was implemented in 1989, the most recent version of those tables, published for 1988, was put into effect for building permit valuations. Despite substantial increases in construction costs in the intervening years since that time, there has been no update in the valuation tables used by CDES to calculate building permit fees. This has had two immediate effects; first valuations used in determining building permits are significantly below actual costs. Second, statistics collected and reported to various sources relating to the total value of Collier County grossly understate this construction value. Staff estimates that in 2002 total construction value for the County's jurisdiction was understated by approximatelY.. dollars. A ITEM ~.~ '- MAR 1 1 2003 PIJ The concept of updating the construction valuation tables to current versions, and its full cost effects, has been vetted in meetings with the Development Services Advisory Committee (DSAC), the Collier Building Industry Association (CBIA), and in a fully advertised public information meeting. Staff has agreed to carefully monitor the revenue results of this change, and as part of CDES's effort to realign fees in FY 2004, adjust the dollar per thousand rate to ensure revenue does not exceed CDES's costs of conducting it's operation. Under the current valuation table the average building permit cost for a 2,600 square foot home is $570. After a valuation table update, a building permit for that same 2,600 square foot home would be $715. Analogous to the construction valuation table updates, with the exception of a brief fee increase in 2000 which was later repealed in full, none of the fees CDES charges for services rendered have been increased since the establishment of a fee schedule in resolution 1995-642. There has, over the intervening 8 years, been an increase in the costs of providing required and needed services to the community. Those cost increases, primarily costs external to personnel expenses, are outlined in attachment A. These increased costs, and the need to increase certain fees to insure that those costs are borne by those who receive such services, were first recognized during the FY 2003 budget process. The exact nature of the needed fee increases has been extensively discussed in meetings with DSAC, the CBIA, and in public information meetings open to the public. It had been CDES's sincere hope to increase these fees as part of the FY 2004 budget process, covering the current deficit in revenue versus expenses by using cash carry forward balances from previous years. Unfortunately, construction activity, and its associated generation of fee revenue, has fallen short of projections. While staff has taken a variety of action to control and reduce expenses, CDES is still encountering significant shortfalls, see attachment B. Operating at our current rate of expenses versus revenue, the Division is projected to incur a revenue shortfall of approximately $5 million dollars for FY 2003 by the end of the fiscal year. Thus at this point in time we believe it necessary, to insure that services are funded by those receiving services and that CDES successfully meets the community's needs and mandates, that certain fees be raised to insure such sufficient revenue. The attached resolution and fee schedule outline the complete fee structure proposed for CDES, and attachment C outlines the specific fee increases requested. These proposed fee increases are based on staff's assessment of the time and resources needed for providing certain services, and only those fees where CDES clearly incurs far greater costs of providing services than the revenues provided by associated fees have been proposed for increases. In summary, staff is recommending new or increased fees in certai explanation of key items of these recommendations is listed below: r are~~TEM No.Jl) r MAR 1 1 2003 Pt. 2 ~~ --~- ~ 1) Update construction valuation tables: as outlined above, to the latest version of the SBC published tables. 2) Political Signs: Currently campaigns of political candidates must post a $500 deposit with CDES to insure compliance with relevant sign ordinance requirements. At this time, there are no provisions within the fee schedule concerning forfeiture of deposit for repeat violations of the ordinance. Such forfeiture, if enacted, would cover staff resources in removing illegally and/or dangerously located signs in the public right of way, and costs associated with executing verbal and written warni,lgs of violation. Staff recommends forfeiture of $100 of deposited funds at the 3rd written notice of violation, and said amount for each subsequent violation. 3) Fire Code: Updating the fire code review fees. These fee increases have been discussed in numerous DSAC meetings, and are attached as an exhibit to the main fee schedule referenced in the fee schedule update resolution. 4) Re-inspection Fees: Currently the initial inspections of construction code requirements in each craft area are included in the building permit fees charged at the time of building permit issuance. Re-inspection fees, after an inspector fails the initial inspection, are $50 for the first re-inspection, $75 for the second re-inspection, and $100 for the third and following re- inspections. Staff feels that these fees do not cover the considerable use of resources in returning to a construction site multiple times for repeat inspections. Also, staff wishes to provide increased incentive for inspections to be called in only once code compliance is relatively certain, thus slowing the growth in the amount of future resources required in this area. Staff recommends that re-inspection fees be raised to $75 for the first re-inspection, $100 for the second re-inspection, and $125 for the third and following re-inspections. 5) A variety of fee increases as outlined in Attachment C. These fee increases for these specific items represent staff's estimates of the needed revenue to provide such services to those receiving the services. In other words, we believe these fees represent the County's costs incurred in providing these services to the community. FISCAL IMPACT: This Executive Summary requires no budget changes and/or reallocation of funds. It is anticipated that the increased revenue generated for Fund 113 expenditures by the construction valuation table update will be approximately $125,000 per month, re-inspection fee increases at $50,000 per month, and the revenue increases for all other fee increases are esti A ITEM $50,000 per month in total. While staff does not anticipate that t eSENo.tee 1'0 T increases will cover the revenue shortfall in full, they will reduce t e de~ MAR 1 1 2003 p,. .3 ~. '._,,~ C:~ ~.. ~. .T L1.V: ~ c.~...... amount sufficiently to be covered by cash carry forward balances until adjustments made for in the FY 2004 Budget. GROWTH MANAGEMENT IMPACT: There are no growth management impacts from this Executive Summary. 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C""J ~ ~ ~ ~ N ~ ~.~ '<!: ~i<J:! ~:~ ~'OC!'~I~i~ ~.~ ~ ......N N N N ~ 10<0 co <0 I'- ~ 0 0 0 c.: a h -I- _._ _ _ _ ~ ~,~ ~'~ ~ ~i~ ~ ~ ~ ~ ~ ~ ~ ..J ..J zoo 0 0.. a ~EI'ol......IN.C""Ji.~ 10 <0 I'- co:I\O) 0 ..... N C""J ~ 10 <0 I'- co 0) 0;...... N C""J:~ 10 <0 I'- ::;] 1'-. I'- II'- 1'-, I'- I'- I'- I'- I'- I'- co co co co co co co co co co 0): 0) I 0) 0): 0) 0) 0) 0) z. i I i I I AGENDA m=u No. /0 Z" MAR 1 1 2003 10 Pl. C""J Q) 0) ro c.. E .... 0) 10 N -- N > Q) ... ::c <( u. fJ) UJ o () RESOLUTION NO. 2003-_ 'tt:;~~ ~ A RESOLUTION ESTABLISHING A FEE SCHEDULE OF DEVELOPMENT RELATED REVIEW AND PROCESSING FEES INCLUDING: PROVIDING FOR NEW AND REVISED BUILDING PERMIT, INSPECTION, AND LAND USE PETITION FEES; REFLECTING REVISED FEES FOR FIRE CODE PLAN REVIEW AND PREVENTION PERMITS ESTABLISHED AND ADOPTED BY THE INDEPENDENT FIRE DISTRICTS OF COLLIER COUNTY, AND UPDATING CONSTRUCTION VALUATION TABLES USED IN THE PROCESS OF DETERMINING BUILDING PERMIT FEES; AS PROVIDED FOR IN DIVISION 1.10 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE; SUPERSEDING RESOLUTION NO. 2000-455 WHEREAS, the Collier County Land Development Code, Section 1.10.1 provides that the Board of County Commissioners shall establish and adopt by resolution a schedule of fees and charges for application and document processing, public meetings, public hearings, other meetings and hearings, transcripts, approvals, denials, development permits, development orders, development, construction, interpretations, enforcement inspection services, sales of documents review, resubmission, and any other zoning or development related services and any other services provided or costs incurred by or on behalf of the County; and .--- WHEREAS, the Board of County Commissioners approved Resolution No. 2000-455, establishing a fee schedule of development related review and processing fees on December 12, 2000; and WHEREAS, many operations within the Community Development and Environmental Services Division are supported by user fee revenues; and WHEREAS, it is staff's intent to continue to conduct annual cost/fee studies in an attempt to balance Fund 113 operating costs with revenues; and WHEREAS, the new or increased fees for certain development or building review related activities or petition types, including but not limited to, site development plans, rezones, conditional uses, building permit applications and related inspections are reflective of the actual cost of processing and reviewing such petitions; and WHEREAS, the Building Review and Permitting Department is updating construction valuation tables, used in permit fee determinations, to a standard and accepted version reflective of the actual and most current values available at the time ofthis resolution. N;ENO!', m:M No.-l 0 :c_ MAR 1 1 2003 pc.--LL-- NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Board of County Commissioners hereby declares that the revised fees set forth as attached hereto and incorporated by reference herein as "Exhibit A," as well as the schedule of Fire Prevention and control fees also attached hereto and incorporated by reference herein as "Exhibit B," and the Building Valuation Tables attached hereto and incorporated by reference herein as "Exhibit C," are all fair and reasonable sums to be assessed to those who receive the benefits of the services, reviews, and inspections required pursuant to the Land Development Code and the County's corresponding development review and permitting processes. BE IT FURTHER RESOLVED that this Resolution relating to fees in the Land Development Code be recorded in the minutes of this Board and that Resolution numbered 2000- 455 is hereby superseded by the adoption ofthis Resolution. This Resolution adopted after motion, second and majority vote. Done this day of ,2003. ATTEST: -- DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk TOM HENNING, CHAIRMAN Approved as to Form and Legal Sufficiency: t~~ Assistant County Attorney 2 AGlMlA IltM No. 10 ::r. MAR 1 1 2003 p,. /~ . c o c~: . l' c o u. H 1; y - COLLIER COUNTY COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES FEE SCHEDULE Exhibit A of COES Mar 11 2003 Fee Increase Resolution Contents: A) ADMINISTRATION ............................................................................................ .................................................................................... ................. 2 B) BLASTING PERMITS & INSPECTION ..................................................................................................................................................................2 C) ENVIRONMENT AULANDSCAPING ....................................................................................... ............. ................ ................... ....... ...................... 2 D) EXCAVATION PERMITS........................................................................................................................................................................................ 3 E) Reserved.. ............. ........................ .... ........... ..... ...... ............ ........... ...... ................................ ...... ............ ......... ................. ......... ................. .......... ....... 3 F) SITE DEVELOPMENT PLANS ....................................................................................................................... .........................................................4 G) S UBDIVIS ION... ...... ..... .......... ........... ...... ............. ................. ................ ................ ................................................................................................... 5 H) Reserved ... ................. .......... ............ ......... ................. .............. ................... ............................................................................................ ......... .......... 5 I) TEMPORARY USE PERMITS .............................................................................................................................................................. ....... ............. 5 J) WELL PERMITS/INSPECTIONS......... ........... ...... ............ ............................................... ................. .......... .............................................................. 6 K) ZONING/LAND USE PETITIONS............................................................................................................................................ ................. ..............6 L) MISCELLANEOUS................................................................................................ ........... .................. ...... ....................... ......... ....... .......... ............... 7 M) BUILDING PERMIT APPLICATION FEE ................................................. ......................... ................................................................... ................8 N) BUILDING PERMIT FEES ........................................................................................ ............................. .......... ...... ......... .................... ................ .... 8 0) ELECTRICAL PERMIT FEES .................................................................................................................................................................................9 P) PLUMBING PERMIT FEES........................................................................................ .... ................. ................... ................ ............. .......... .......... ..... 9 Q) MECHANICAL PERMIT FEES ................................................................... ................. ............ .................. ... .......... ......... .................... .......... ....... 10 R) FIRE PREVENTION AND CONTROL PERMIT FEES......................................................................................................................................... 10 S) MOBILE HOME/OFFICE TRAILER AND OTHER TRAILER PERMIT FEES ................................................................................................... 10 T) CHICKEES AND SIMILAR STRUCTURES............................................................... ................................. ............................. .......... ................... 10 U) POOL OR SPA PERMIT FEES............................................................................................................................................................................... II V) SCREEN ENCLOSURE PERMIT & PAN ROOF FEES ........................................................................................................................................ II W) SIGN PERMIT FEES ............................................................................................................................................................................................. II X) CONVENIENCE PERMIT FEES .............................................................................. ................................ .......... ......... ....... ... ... .................... ... ...... 11 Y) REVISION AND AS BUILT PLAN REVIEW FEES; CORRECTIONS TO PLANS ............................................................................................ II Z) PERMIT EXTENSION .............................................................................................................................................. ................................ .............. 12 AA) DEMOLITION OF BUILDING OR STRUCTURE PERMIT FEES.................................................................................................................... 12 BB) PRE-MOVING INSPECTION FEES........................................................................................................................... ......................................... 12 CC) INSPECTION FEES ........................ ........................................................................................................ ...................................................... ....... 12 DO) REINSPECTION FEES ................................................................................................................................................................ ........................ 12 EE) FAILURE TO OBTAIN A PERMIT ..................................................................................................................................................................... 12 FF) LICENSING .......... ............................................ ............................... .................. ... ........... ..... ............ ................ ......... ... ... ......... .......... ........... ........ 13 GG) DUPLICATE PERMIT CARDS .................................................................................................................................. ......................................... 13 HH) CHANGE OF CONTRACTO~ OR SUBCONTRACTORS ................................................................................................................................13 II) PERMIT FEE REFUNDS ........................................................................................................................................................................................ 13 JJ) RECORD RETRIEVAL .......................................................................................................................................................................................... 13 KK) COPY FEES ......................................................................................................................................................................................................... 13 LL) RESEARCH .......................................................................................................................................................................................................... 13 MM) SUBSCRIPTION SERViCE....................................................................................................................................... ............._........................... 14 NN) ELECTRONIC DATA CONVERSION SURCHARGE................................................................. ...................................................................... 14 00) REGISTRATION OF RENTAL DWELLINGS ...................................................................................................................................................14 PP) FEE WAIVER PROCEDURES .................................................................................................................................................. ............AGEJI)l~u QQ) ADDITIONAL FEE REFUND PROVISIONS ................................................................................................................ .......... ........ .~....161:: _., MAR 1 1 2003 CDES Financial Administration, rev 03/04/03 ?&~age 1 !..3 I A) ADMINISTRATION 1) Appeals & Interpretations - Official Interpretation Request of Land Development Code (LDC), Growth Management Plan (GMP), or Building Construction Administrative Code (Administrative Code). $750.00 2) Interpretation request submitted in conjunction with a land use petition or requested during an application review process. $250.00 3) Determination of Vested Rights. $100.00 (plus the County's out-of-pocket expenses associated with hearing officer and hearings) 4) Appeal of Vested Rights Determination. $100.00 5) Amendment to Land Development Code. $1,200.00 6) Appeal of an Administrative Decision (as may be provided for in the Collier County Administrative Code or the LDC). $1000.00 (non-refundable) 7) Appeal to Board of Zoning Appeals or Building Board of Adjustments and Appeals (as may be provided for in the Collier County Administrative Code or the LDC) . $500.00 (non-refundable) B) BLASTING PERMITS & INSPECTION 1) 30 day permit fee, non-refundable payable upon application. $125.00 2) 90 day permit fee, non-refundable payable upon application. $300.00 3) Yearly permit fee, non-refundable payable upon application. $750.00 4) Renewal permit fee, non-refundable payable upon application. $100.00 5) After-the-fact fee, due to blasting without a permit. $5000.00 6) Fine fee, per detonate~ shot with after-the-fact permit. $100.00 7) Handler fee, for handler who assists the user or blaster in the use of explosives. $50.00 8) Blasting Inspection Fee. $100.00 (per inspection) 9) Inspection fees shall be paid upon issuance of a blasting permit based on the estimated number of blasts. Upon completion, fees will be adjusted to reflect actual number of blasts. C) ENVIRONMENT AULANDSCAPING 1) Agricultural Clearing Permit, first acre additional acre or fraction of an acre. or fraction of an acre. $150.00 Each $50.00 ($1,500.00 maximum) 2) Environmental Impact Statement (EIS) $1600.00 3) Landscape Re-inspection 1st $50.00, 2nd $75.00, every inspection afterward $100.00 4) Vehicle on the Beach Permit Application. $250.00 (Permit fee shall be public and non-profit organizations engaging in environmental activitie scientific, conservation or educational purposes). MAR 1 1 2003 CDES Financial Administration, rev 03/04/03 6) Special Treatment Review (ST) a. First five acres or less. $150.00 b. Each additional acre, or fraction thereof. $50.00 ($1,500.00 Maximum) 8) Coastal Construction Setback Line (CCSL): a. Permit - Dune Walkover. $150.00 b. Permit - Dune Restoration. $200.00 c. Variance - Petition. $1000.00 8) Sea Turtle Permit- a. Sea Turtle Handling Permits. $25.00 b. Sea Turtle Nesting Area Construction Permit. $200.00 c. Sea Turtle Nest Relocation. $100.00 9) Vegetation Removal Permit- a. First acre or fraction of an acre. $150.00 b. Each additional acre or fraction thereof. $50.00 ($1,500.00 maximum) 10) After-the-fact Environmental or Landscape Permits a. CCSL Variance Petition. 2x normal fee b. All other Environmental or Landscape Permits. 4x normal fee D) EXCAVATION PERMITS 1) Annual Renewal. $150.00 2) Application (Private). $200.00 3) Application (Commercial). $1000.00 4) Application (Development). $200.00 5) Permit for private and development excavations: $100.00 per month inspection fee 6) Reapplication: $150.00 plus $100.00 per month inspection fee 7) Road Damage Fee: $0.000 per cubic yard for material removed from site 8) Cubic Yardage Fee: $100.00 first 5000 cy, plus $5.00 per additional 1000 cy with a maximum of $10,000.00 9) Time Extension. $150.00 plus $100.00 per month inspection fee 10) After-the-fact Excavation Permit. 4x application fee E) FIRE CODE REVIEW FEES 1) Fire Code Review fees associated with each of the a. SOP - Site Development Plan b. SDPA - Site Development Plan, Amendment c. SDPI - Site Development Plan, Insubstantial d. SIP - Site Improvement Plan e. SIPI - Site Improvement Plan, Insubstantial f. PSP - Preliminary Subdivision Plans g. PSPA - Preliminary Subdivision Plans, Amendment h. PPL - Plans & Plat, Subdivision i. FP - Final Plat j. CONSTR - Construction Plans, Subdivision/Utilities following processes: $200.00 $150.00 $100.00 $150.00 $100.00 $150.00 $100.00 $100.00 $100.00 $100.00 ed A IttM No. {OX MAR p!gJ 3 2003 CDES Financial Administration, rev 03/04/03 Pc. k. ICP - Construction Plans, Insubstantial 1. DRI - Development of Regional Impact m. DOA - Development Order, Amendment n. PUDZ - Planned Unit Development, Rezone o. PUDA - Planned Unit Development, Amendment p. PDI - Planned Unit Development, Insubstantial q. RZ - Rezone, Regular Zoning r. CU - Conditional Use F) SITE DEVELOPMENT PLANS 1) Site Development Plan Review (SDP). $1500.00 a. plus $10.00 per D/U b. plus $25.00 per residential building structure; c. plus $.03 per square foot for non-residential d. plus $25.00 per building for non-residential. $100.00 $200.00 $150.00 $150.00 $150.00 $100.00 $100.00 $150.00 2) Pre-application fee. $300.00 (to be credited toward application fee upon submittal. ) 3) Site Development Plans, including amendments and insubstantial changes - 3rd and subsequent additional reviews. $500.00 4) Site Development Plan Insubstantial Change. $150.00 for first sheet, $75.00 for each additional sheet 5) Site Development Plan Conceptual Review $500.00 6) Additional review of construction plans for phased construction of Site Development/Improvement Plan improvements. $1000.00 per phase. 7) Site Improvement Plan Review (SIP). $1000.00 (plus Engineering review fees) 8) Utility Plan Review & Inspection Fees- a. Construction Document Review. 0.75% of probable water and/or sewer construction costs b. Construction Inspection. 2.25% of probable water and/or sewer construction costs c. Construction Document Resubmission or Document Modification, submit as insubstantial change. $150.00 for first sheet, $75.00 for each additional sheet 9) SDP Review Fee a. Construction Documents Review 0.75% of probable cost of construction of roadways, drainage & stormwater management system b. Construction Inspection 2.25% of probable cost of construction of roadway, drainage & stormwater management system c. Third and Subsequent Resubmittal Fee $500.00 10)Site Development Plan Amendment $1,000.00, a. Plus $10.00 per D/U plus $25.00 per residential building structure b. plus ~er square foot c. plus $25.00 per building for non-residential, which ever is greater. 11) Violation of the conditions of approval of the SDP/SIP or installation of improvements, clearing, or other land alteration not depicted on, or otherwise authorized as a part of the approved SDP/SIP. 4x the SIP/SDP application fee COES Financial Administration, rev 03/04/03 AGENDA ITEM Ho..JOL MAR 1 1 2003 I page 4 p,. tj G) SUBDIVISION 1) Lot Line Adjustment $250.00 2) Subdivision Review Fees- a. Construction Document $0.75% of probable cost of construction b. Construction Document Resubmission or Document Modification -Submit as Insubstantial Change $150.00 for first sheet, $75.00 for each additional sheet c. Subdivisions - 3rd and subsequent additional reviews and substantial deviations from approval construction documents $500.00 d. Subdivision Inspection Fee 2.25% of probable cost of construction for construction inspection. 3) Subdivision, Preliminary Plat (PSP)- a. Petition Application $1000.00 plus $5.00 per acre (or fraction thereof) for residential, plus $10.00 per acre (or fraction thereof) for non- residential; (mixed use is residential) 4) Subdivision Final Plat $1000.00 plus $5.00 per acre (or fraction thereof) for residential, $500.00 plus $10.00 per acre (or fraction thereof) for nonresidential; (mixed use is residential) 5) Additional review of construction plans for phased construction of subdivision improvements. $1000.00 per phase 6) Two-year Extension $150.00 7) Water and Sewer Facilities Construction Document Review 0.75% of probable water and/or sewer construction costs 8) Construction Document Resubmission or Document Modification 0.25% of probable water and/or sewer construction costs - 3rd and subsequent resubmittals $500.00 9) Construction Inspection 2.25% of probable water and/or sewer construction costs 10) Violation of the conditions of approval of approved construction plans or installation of improvements, clearing, or other land alteration not depicted on, or otherwise authorized as a part of the approved construction plans or permit. 4x the PSP or Final Plat Review Fee. 11) Administrative Amendment $250.00 H) Reserved I) TEMPORARY USE PERMITS 1) Beach a. b. c. d. e. f. g. Events Permits- Individual Permit $100.00 Block of 25 calendar days $2,250.00 Block of 50 calendar days $4,500.00 Block of 75 calendar days $6,750.00 Block of 100 calendar days $9,000.00 Block of 125 calendar days $11,250.00 Block of 150 calendar days $13,500.00 2) Temporary Use Permit Special Sales & Events. $125.00 3) Model Homes and Sales Centers $250.00 AGENDA ITEM No. lOX MAR 1 1 2003 p,. page 5 I rt CDES Financial Administration, rev 03/04/03 4) Construction and Development $125.00 5) Residential and Non-Profit Garage and Yard Sale Permits No Charge 6) Temporary Use Amendment. $100.00 1) Renewals or extensions requested after the expiration date $200.00 8) Temporary Use Permit for Special Events requiring BCC approval, including Circus and Carnival Permits. $215.00 9) Political Signs (Bulk Temporary Permit) $5.00 a. A deposit of $500.00 will be posted by political campaigns at the time of securing a Political Sign permit. Forfeiture from this deposit will be in the amount of $100.00 per written notice of violation of applicable sign ordinance requirements for the 3rd and following such notices of violation. Such forfeiture shall be based on notices of violation per campaign, and not per individual sign. Deposit, or remaining balance of deposit, will be refunded upon completion of campaign and certification by Code Enforcement staff that the campaign is in compliance with all provisions of applicable code requirements. 10) Fees for Temporary Use permits issued After the Fact, ATF: 2x normal fee J) WELL PERMITSIINSPECTIONS 1) Hydraulic elevator shaft permit $200.00 2) Test hole permit (including 1st six holes) $200.00, each additional hole $10.00 3) Well permit (abandorunent) $100.00 4) Well permit (construction or repair) $200.00 5) Well permit (monitoring) $100.00 6) Well permi t (modification of monitor/test well to a production well) $50.00 7) Well Reinspections a. First Reinspection b. Second Reinspection c. Third Reinspection $15.00 $100.00 $150.00 8) After the fact well permits 4x normal fee per violation. NOTE: Multiple wells may be allowed on one permit, but each well must be accounted for and the appropriate fee shall be charged for each well in accordance with the above listed schedule. K) ZONING/LAND USE PETITIONS 1) Pre-application fee $300.00 (to be credited toward application fee upon submittal. ) 2) Alcoholic Beverage or Service Station Separation Requirement Waiver $1000.00 3) Boat Dock Extension Petition $1000.00 AGEOOA ITEM Ho.J2.:C MAR 1 1 2003 CDES Financial Administration, rev 03/04/03 D. I Ffage 6 4 ) Conditional Use Petition $2000.00 ($750.00 when filed with Rezone Petition) 5) Conditional Use Monitoring Review: $750.00 6) Conditional Use Extension $1000.00 7 ) DRI Review (In addition to cost of rezone) $5000.00 plus $25.00 an acre (or fraction thereof) 8 ) DRI/ DO Amendment $3000.00 9) Flood Variance Petition $1000.00 10) Interim Agriculture Use Petition $350.00 11) Non-Conforming Use Change/Alteration $1500.00 12) Parking Exemption $1500.00 13) PUD Amendments (PUD to PUD): $3000.00 14) Property owner notifications: $1.00 non-certified mail, $3.00 certified return receipt mail (Petitioner to pay this amount prior to advertisement of petition) 15) Planned Unit Development Amendment (Insubstantial) $1500.00 16) Rezone Petition (Regular) $2500.00 plus $25.00 an acre (or fraction thereof) 17) Rezone Petition (to PUD) $5000.00 plus $25.00 an acre (or fraction thereof) 18) Street Name Change (Platted) $500.00 plus $1.00 for each property owner requiring notification of proposed street name change. 19) Street Name (unplatted) or Project Name Change $500.00 20) Variance Petition $1000.00 21) Variance for encroachment of easements: $1000.00 22) Variance (Administrative) $500.00 23) Zoning Certificate: Residential: $50.00, Commercial:$125.00 24) PUD Extension - Sun Setting: $1000.00 25) Sign Variance Petition: $2000.00 26) Stewardship Receiving Area Petition (SRA): $7000.00 plus $25.00 per acre (or fraction thereof) Stewardship Sending Area Petition (SSA): $7000.00 plus $25.00 per stewardship credit applied for. 27) After-the-Fact Zoning/Land Use Petitions 2x the normal petition fee L) MISCELLANEOUS 1) Data Conversion Fee (to cover the cost of converting graphic and narrative information into electronic format) a. per site plan or land use petition $25.00 b. per amendment (PUD, site plan, etc.) $15.00 2) Official Zoning Atlas Map Sheet Publications, maps, and reports. $.50 as set forth in Resolution 98-498, as amended. e.d A IllM No.-' 0 :z: MARpJge\ 2003 CDES Financial Administration, rev 03/04/03 Pt. 3) Requests for formal written zoning/land use verification or similar such request for written staff responses. $100.00 per property 4) Research: The fee for researching records, ordinances, and codes that are no longer current shall be $40.00 per hour with a one half hour minimum charge. 5) The fee for creating and designing special computer generated reports that are not a part of the regular standard reports shall be $25.00 per hour with a one half hour minimum charge 6) CD Burning: $25.00 7) Complete sets of Official Zoning Atlas Map Sheets $100.00 per set. 8) Photocopies of documents less than 14x8.5 inches: $0.15 one sided, $0.20 two sided. 9) Property Notification Address Listing: a. MS Excel spreadsheet on Disc $70.00 b. Print out on Paper $75.00 + 0.05 for every record over 1500 c. Mailing Labels $80.00 + 0.06 for every record over 1500 d. Print out on Paper + Mailing Labels $85.00 + 0.11 for every record over 1500 M) BUILDING PERMIT APPLICATION FEE 1) A permit application fee shall be collected at time of applying for a building permit. The permit application fee shall be collected when the plans are submitted for review. The fee shall be applied toward the total permit fee. The applicant shall forfeit the application fee if the application is denied or if the application is approved and the permit is not issued within the time limitation as stated in Section 103.6.1.1 of the Collier County Ordinance No. 91-56, as amended. 2) Application fee will be computed a. Single family and duplex b. Multi-Family & Commercial over 10,000 sq. ft. as follows: $.05 per sq ft with minimum of $100.00 $.05 per sq ft up to 10,000 sq ft, $.025 for 3) Maximum application fee shall NOT exceed $5,000.00. 4) Minimum fee of $50.00 for each of the following: plumbing; mechanical (A/C); electrical; fire; and building, when applying for additions/alterations. Minimum fee for all other applications = $50.00. 5) The balance of the total permit fee will be collected at the time of issuance of the permit and will include any fee adjustments necessary. N) BUILDING PERMIT FEES 1) The fee for a building permit shall be computed as follows: Such fees shall be either based on the contractor's valuations of construction cost or based on calculated cost of construction as set forth on the attached Building Valuation Data Table * (Exhibit C), whichever is greater. Valuation of construction costs of less than $750.00 - No permit or fee is required, but construction must comply with all County Codes and Ordinances. If inspections are required by the Building Official or requested by the applicant, the appropriate fees shall be P~~~i~~~ *SBCCI Building Valuation Data Table, produced March 31,2002 f\4 AGENDA-ITEM No.--1 0 ":t MAR 1 1 2003 page 8 ...- PC. Of LJ CDBS Financial Administration, rev 03/04/03 EXCEPTION: All work involving structural components and/or fire rated assemblies requires permits and inspections regardless of construction cost, signs must secure permits as stated in Collier County Ordinance No. 2002-01, as amended. a. Valuation of construction costs of $750.00 through $4,999.99 - With one or no inspections $50.00, With multiple inspections $100.00 b. Valuation of construction costs of $5000.00 through $49,999.99 _ With one or no inspections - $30.00 plus $7.00 per thousand dollars, or fraction thereof, of building valuation in excess of $2,000.00. With multiple inspections - $80.00 plus $7.00 per thousand dollars, or fraction thereof, of building valuation in excess of $2000.00. c. Valuation of construction costs of $50,000.00 through $1,000,000.00 - $333.00 plus $3.00 per thousand dollars, or fraction thereof, of building valuation in excess-or-$50,000.00. d. Valuation of construction costs over $1,000,000.00 - $3474.00 plus $3.00 per thousand dollars, or fraction thereof, of building valuation in excess of $1,000,000.00. 0) ELECTRICAL PERMIT FEES liThe fees for electrical permits for new structures or placement or relocation of structures shall be computed as follows: a. $0.40 per ampere rating of all single-phase panel boards. b. $0.15 per ampere rating for switch or circuit whichever is greater, if item ~l above does not apply. c. When not a complete installation, all switch and circuit breakers ahead of panel boards shall be computed at $0.15 per ampere. d. Permit fees for any change in electrical installation shall be computed at the above rates for that portion of new and/or increased fees in existing electrical facilities. e. The minimum for any electrical permit shall be $50.00 per unit or tenant space. f. Fifty percent (50%) in additional fee costs shall be added to all above fees for three phase installations. EXCEPTION: Ordinary repairs limited to a $200 value or less may be made without a permit. Repairs must comply with all County Codes and Ordinances. If inspections are required by the Building Official or requested by the applicant, the appropriate fees shall be paid. P) PLUMBING PERMIT FEES 1) The following fee calculations shall be applied separately when the permit involves mixed occupancies. a) Residential occupancies: The fee for a plumbing permit shall be computed at the rate of $50.00 to be charged for each living unit with one to three bathrooms. An additional fee of $10.00 will be assessed for each additional bathroom. b) Nonresidential occupancies: The fee for a plumbing permit shall be computed by the following methods, whichever is calculated to be the greatest fee: a) The rate of $3.00 per 425 square feet of floor area, or fraction thereof; or b) Institutional facilities, hospitals, schools, restaurants and r in any occupancy b) classification shall be charged at the rate of $1.00 per fixtur AGENDA ITEM unHo.or lor, CDES Financial Administration, rev 03/04/03 MAR 1 1 2003 p~e 9,Q J ra. c) Minimum of $50.00 for each occupancy or tenant space. 2) Grease traps: An additional fee of $50.00 shall be assessed for each grease trap. 3) The cost for retrofit p~p~ng shall be computed at the minimum fee of 50.00 per floor for each main riser. 4) The cost of a permit for lawn sprinkler systems shall be computed using the dollar valuation as shown under Section M of this Resolution. 5) The minimum plumbing permit fee shall be $50.00. Q) MECHANICAL PERMIT FEES 1) The following fee calculations shall be applied separately when the peDmit involves mixed occupancies. a. Residential occupancies: The mechanical peDmit fees shall be computed at the rate of $50.00 for each living unit up to three tons of air conditioning. Each additional ton or part thereof shall be $3.00 per ton. b. Nonresidential occupancies: The mechanical peDmit fees shall be computed by one of the following methods, whichever is calculated to be the greatest fee: The rate of $50.00 for the first three tons or three horsepower of air conditioning or other mechanical systems per tenant space, each additional ton of air conditioning or horsepower shall be $3.00; or The rate of $3.00 per 425 square feet of floor area, or fraction thereof. 2) The cost of retrofit piping shall be computed at the minimum fee of $50.00 per floor for each cooling tower, or $50.00 for the first 3 horsepower and $3.00 for each additional horsepower, whichever is greater. 3) The minimum mechanical peDmit fee shall be $50.00. 4) A peDmit for the change out of components shall be calculated at the above mechanical peDmit fee rate or the minimum fee whichever is greater. R) FIRE PREVENTION AND CONTROL PERMIT FEES 1 ) The fees and exemptions set forth in part of this Schedule of Development apply to Fire Prevention and Control dependent fire districts. the "Exhibit B" affixed hereto and made a Review and Building Permit Fees shall PeDmits for both the independent and S) MOBILE HOME/OFFICE TRAILER AND OTHER TRAILER PERMIT FEES 1) The peDmit fee shall be $50.00 to set-up a single-wide trailer or mobile home on an approved site plus electrical, plumbing, mechanical and fire protection fees as applicable. 2) The peDmit fee shall be $75.00 to set-up a double wide or larger mobile homes on an approved site plus electrical, plumbing, mechanical and fire protection fees as applicable. T) CHICKEES AND SIMILAR STRUCTURES 1) The peDmit fee will be based upon a calculated cost of construction of $4.00 per square foot under roof or the contractor's estimated cost of constr whichever is greater. The fee will then be calculated in accordance witt XGeI)A ITEM No. lOr I CDES Financial Administration, rev 03/04/03 MAR 1 1 2003 page 10 ...-,,, ..,. -" Section N of this Resolution. Additional permit fees for electric, plumbing, mechanical, fire, etc., will be charged when applicable. U) POOL OR SPA PERMIT FEES I} For construction of each public pool or spa the fee shall be _ a. Valuation of construction costs of up to $4,999.99. $100.00 b. Valuation of construction costs of $5000.00 through $49,999.99: $80.00 plus $7.00 per thousand dollars, or fraction thereof, of building valuation in excess of $2,000.00. c. Valuation of construction costs of $50,000.00 through $1,000,000.00: $333.00 plus $3.00 per thousand dollars, or fraction thereof, of building valuation in exces~$50,000.00. d. Valuation of construction costs over $1,000,000.00: $3474.00 plus $3.00 per thousand dollars, or fraction thereof, of building valuation in excess of $1,000,000.00. 2) For construction of each private pool or spa the fee shall be: $100.00 V) SCREEN ENCLOSURE PERMIT & PAN ROOF FEES 1) Construction costs shall be calculated as follows: a. Screen Roof. $2.00 per sq. ft. of floor area. (Screen Walls Only) b. Pan Roof. $3.00 per sq. ft. of floor area. (Screen Walls Only) c. Existing Roof. $2.00 per sq. ft. of floor area. (Screen Walls Only) 2) The screen enclosure or roof fee will then be calculated in accordance with Section N of this Resolution. W) SIGN PERMIT FEES 1) Sign permit fees will be calculated in accordance with all applicable Building Permit Fees and Electrical Permit Fees outlined in this document, the Collier County Development Fee Schedule The minimum building permit fee for sign shall be $75.00. 2) Multiple signs of the sarne type (i.e., wall signs) and for a single project may be allowed per one permit, however an appropriate fee shall be charged for each sign in accordance with the schedule set forth in the above subsection 1 of Sign Permit Fees. X) CONVENIENCE PERMIT FEES 1) Convenience permits are issued in blocks of 10 each. Only licensed contractors are eligible to purchase convenience permits. Convenience permits are limited to the use specified on the permit. The fee for a book of 10 convenience permits is $400.00. Y) REVISION AND AS BUILT PLAN REVIEW FEES; CORRECTIONS TO PLANS 1) PERMIT AND PLAN REVISIONS The fee for each permit revision submitted after permit issuance shall be calculated using fee schedules outlined in Sections N through R above. The minimum permit fee for revisions to permitted projects shall be $50.00. CDES Financial Administration, rev 03/04/03 2) AS BUILT PLANS The fee for "As Built" plan review shall be ten (10%) percent of the original building permit fee or $150.00, whichever is greater;-but shall not exceed $500.00. The fee is intended to cover the cost of reviewing amended building plans in the office to determine that change orders and various fiel~GENDA~ No.Jor MAR 1 1 2003 page 11'J~ "'Il. r.JllOr changes are in compliance with the minimum construction and fire codes of Collier County. The following are required for as-built drawings review: a. An itemized list of all changes made after permit plan approval. b. As-built plans that have all changes made after permit plan approval "clouded". c. As-built plans and changes shall be signed and sealed by the engineer and/or architect of record. 3) CORRECTIONS TO PLANS a. First Correction to Plans. No charge b. Second Correction to Plans. $75.00 c. Third & subsequent correction to plans. $100.00 Z) PERMIT EXTENSION 1) The fi~ing fee for each permit extension shall be equal to 10% of the original building permit fee or $100.00, whichever is greater, but shall not exceed $500.00. The filing fee is intended to cover the cost of reviewing existing or amended building plans to determine and verify code compliance AA) DEMOLITION OF BUILDING OR STRUCTURE PERMIT FEES 1) The permit fee shall be $50.00 for the demolition of any building or structure. BB) PRE-MOVING INSPECTION FEES 1) The fee shall be $150.00 for the pre-moving inspection of any building or structure. CC) INSPECTION FEES 1) A charge of $20.00 per inspection shall be assessed for inspections for which a permit is not necessary. 2) A user fee of $40.00 per inspection shall be assessed for inspections on a time specified basis. 3) A user fee of $120.00 per inspection shall be assessed for inspections requested after normal working hours. (Normal working hours for inspections are Monday through Friday, 8:00 AM to 3:00 PM, excluding holidays.) 4) First Partial inspection for single-family & tenant buildout. No charge 5) Second & subsequent partial inspections for single-family & tenant buildout. $25.00 DO) REINSPECTION FEES 1) Reinspections for any type of building permit shall result in an additional fee of $75.00 per inspection for the first reinspection, $100.00 for the second reinspect ion and $125.00 for the third and each successive reinspection. EE) FAILURE TO OBTAIN A PERMIT 1) Where work for which a permit is required is started or proceeded with prior to obtaining said permit, the fees herein specified shall be four times the regular fee not to exceed $1000.00 for permits costing $250.00 and less. The penalty for failure to obtain a permit when one is required having a cost greater than $250.00 shall be two times the regular amount. The payment nr such fee shall not relieve any person from fully complying with the AGENDAI~ l requirements of any applicable construction code or ordinance in the ex cut~ ll):(: COES Financial Administration, rev 03/04/03 MAR 1 1 2003 page 12 r\/I PI.~I of the work, or from any penalty prescribed within any construction code, law or ordinance of Collier County. FF) LICENSING 1) The fee for licensing items is as follows: a. Letters of Reciprocity. $3.00 b. Contractors Change of Status. $10.00 c. Voluntary Registration of State Certified Contractors. $10.00 d. Pictures. $2.00 e. Laminating $1.00 (per license) GG) DUPLICATE PERMIT CARDS 1) The fee shall be $5.00 for the issuance of a duplicate permit card for whatever reason. HH) CHANGE OF CONTRACTOR OR SUBCONTRACTORS 1) To record a change of contractor or subcontractor, on a permit that has been issued, the fee shall be $50.00. This fee includes the issuance of a new permit card. II) PERMIT FEE REFUNDS 1) If requested, in writing by the owner or his authorized agent, 50% of the fees charged, other than the application fee, may be refunded provided that a permit has been issued, construction has not commenced, and the refund is applied for prior to the cancellation of the permit. JJ) RECORD RETRIEVAL 1) The fee for retrieving records from inactive or remote storage including microfilmed documents shall be a minimum of $15.00 or $3.75 per file whichever is greater. KK) COPY FEES 1) The fee for blueprint and miscellaneous copying shall be as follows: a. Microfilm copies, standard documents $2.00 each. b. Microfilm copies, of plan $5.00 each. c. Blueprint copies, size 24 X 36 $3.50 each, size 36 X 48 $5.00 each. d. Charges for reproducing a complete set of plans shall be $2.00 per page for 24 X 36 and $2.50 per page for 36 X 48. LL) RESEARCH 1) The fee for researching records, ordinances, and codes that are no longer current shall be $40.00 per hour with a one half hour minimum charge. 2) The fee for creating and designing special computer generated reports that are not a part of the regular standard reports shall be $25.00 per hour with a one half hour minimum charge. CDES Financial Administration, rev 03/04/03 AGENO~ No.jO:J..., MAR 1 1 2003 pa~J;-- r/l. ......-."... MM) SUBSCRIPTION SERVICE The fee for one-year subscription service to be mailed quarterly shall be $15.00 per year. The subscription year is from Oct. 1 through Sept. 30. NN) ELECTRONICDAT A CONVERSION SURCHARGE 1) A surcharge in the amount of 3% of the building permit application fee, with the minimum surcharge being $3.00 and the maximum being $150.00, will be applied to every building permit application submitted. A flat fee of $3.00 per permit will be charged for those permits for which an application fee is not required per item (M) of this Schedule. 00) REGISTRATION OF RENTAL DWELLINGS 1) The fee for registration of rental dwellings is as follows: a. Initial Registration Fee - $30.00 b. Annual Renewal - $20.00 c. Late Fee - $10.00 PP) FEE WAIVER PROCEDURES 1) Requests for fee waivers may only be approved by the Board of County Commissioners. Waiver requests for development review and building permit fees shall be submitted in writing directly to the appropriate Community Development & Environmental Services Division Staff, who will prepare an executive summary for consideration by the Board. Such requests shall include a statement indicating the reason for the fee waiver request and, if applicable, the nature of the organization requesting the fee waiver. QQ) ADDITIONAL FEE REFUND PROVISIONS 1) There will be no refund of Planning, Environmental, or Engineering related fees, except at the discretion of Department Directors in cases where applications have not yet been deemed sufficient for staff review, or such staff review has yet to begin. In no cases will there be refunds for pre- application fees, data conversion fees, appeals of administrative decisions, or appeals to the Board of Zoning Appeals or Building Board of Adjustment. "GEtfJA l!P" No.1-~ MAR 1 1 2003 page 14 AI, Pi. CDES Financial Administration, rev 03/04/03 Exhibit B - Fire Review and Inspection Fees A) Fire Plan Review Fees. Architectural Reviews: <= $120,000.00 > $120,000.00 <= $600,000.00 > $600,000.00 <= $1,200,000.00 > $1,200,000.00 Fire Sprinklers Fire Pumps Underground Fire Line Pre-Engineered Fire Suppression Sys. Fossil Fuel Storage Systems Hoods LP Gas Fire Alarms Standpipes Tents Minimum Permit Fee Re-Review Fees .57% of Job Value .054% of Job Value .079% of Job Value .034% of Job Value $50 + $.95 Per Head $275 Each $100 + $.20 Per Foot New - $65 + $20 Per Bottle of Suppression Agent Existing - $65 + $2 Per Added or Altered Head Install, Removal or Abandonment - $70 + $50 Per Tank $85.Each Install, Removal or Abandonment - $55 + $10 Per Tank Zoned Systems - $90 + $ 15 Per Zone Intelligent Systems - $90 + $.65 Per Device Monitoring Only - $ I 00 Residential Systems - $50 Each $50 + $5 Per Riser $50 Per Tent $100 Unless Otherwise Listed Above 2nd Re-Review - 20% of Original Fee - $75 Min. 3rd Re-Review - 35% of Original Fee - $125 Min. 4th Re-Review - 60 % of Original Fee - $200 Min. 5th Re-Review - 100% of Original fee - $300 Min. 6th or Subsequent Re-Review 150% of Original Fee - $500 Min. ih Re-Review - Notify Business and Professional Regulation AGENDA ITEM No..JOL MAR 1 1 2003 1 p,. ~ r"} 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) B) Fire Code Compliance Inspection Fees: 11) BUILDINGS - Square footage is defined as the total area ofthe structure(s) under roof. Construction Types I, II, III, IV & V: New single story: $300.00 + $0.02 per square foot New multi story: $150.00 per floor, per tower + $0.02 per square ft Construction Type VI: All: Remodels & Alterations: All: FIRE SPRINKLERS New: $300.00 per floor, per tower + $0.65 per head Remodels: $200.00 per floor, per tower + $1.00 per head FIRE ALARM SYSTEMS New: $300.00 per floor, per tower + $0.65 per device Remodels: $200.00 per floor, per tower + $1.00 per device Monitoring: $100.00 per system HOODS All: $200.00 + $1.00 per foot of duct SUPPRESSION SYSTEMS Total Flood & Pre-Engineered: $50.00 per bottle + $2.00 per head SPRAY BOOTHS (total square foot of booth) All: $0.50 per square foot UNDERGROUNDFIRELThffiS All: $100.00 + $1.00 per linear foot STANDPIPES All: $100.00 per independent riser FIRE PUMPS All: $300.00 each pump LP GAS INST ALLA nONS Above Ground: $50.00 per tank Under Ground: $100.00 per tank FUEL STORAGE INST ALLA nONS Above Ground$100.00 per tank Under Ground $150.00 per tank HYDRANT RESTRAINTS All: $50.00 per restraint ALTERNATIVE WATER SUPPLY /DRAFTHYDRANTS All: $250.00 STREET NAME CHANGE $300.00 per floor + $0.03 per square foot $250.00 per floor, per tower + $0.15 per square ft 12) 13) 14) AGENDA rT'EM No.-LO .z: MAR ~ 1 2003 PI. ~8 All: $120.00 15) MISCELLANOUS & MINIMUM PERMIT FEE Fire Retardant: $100.00 each structure Special Event Tent: $100.00 each Emergency Access / Electric Gates: $100.00 Minimum Permit Fee (not otherwise noted) $100.00 16) TIME SPECIFIC INSPECTIONS All: $75.00 each inspection - subject to availability 17) OCCUPATIONAL LICENSE INSPECTIONS Inspection and one re-inspection: $75.00 2nd re-inspection: $50.00 additional 3rd re-inspection: $75.00 additional 4th re-inspection: $100.00 additional 5th and subsequent re-inspections: $200.00 additional 18) YELLOW TAGS (re-inspections) 1 st Fail; per unit $50.00 2nd Fail; per unit $75.00 3rd Fail; per unit $100.00 4th Fail; per unit $250.00 5th Fail & each subsequent fail $500.00 per unit 19) RED TAGS (each incident) · Working without Permit Card on Site. . Safety violations on site. · Combustibles on site without water supply (hydrants / approved alternative water supply). . Job sites inaccessible to fire apparatus. · Working without Collier County Building Permit. EXCEPTIONS: 1) Structural permits for detached one and two family dwellings are exempt from fire prevention permit fees. 2) Permits that, in the opinion of the Fire Code Official, do not present a fire protection concern, i.e., swimming pools, concrete deck radio transmission towers, etc. shall be exempt from fire prevention inspection fees. *Note: Fire Districts may have additional fees, duly adopted by their local board of fire commissioners, for other various services such as open burning permits, fireworks display, etc. Please refer to the appropriate resolution of the fire district. AGEN)A .JJD4 No.JO..c... MAR 1 1 2003 p,.c991 BUILDING VALUATION DATA As a service to our members, SBCCI offers the following building valuation data for the Standard Building Code@ and the International Building Cod~. The building valuation data represents the current average construction costs per sq. ft. The average costs include structural, electrical, plumbing, mechanical, interior finish, normal site preparation (excavation and backfill for building), architectural and design fees, overhead and profit. When using this data. it should be noted that these are 'average" costs based on typical construction methods for each occupancy group and type of construction. These figures should be adjusted as appropriate. Occupancies are divided into two categories: "goocre and "average;7 to reftect the broad range of constnJcIIon values. This data was compiled by SBCCI using the MarshaR Valuation Service as published by the MarshaH and Swift Publication Company, Los AngeleS, Califomia. Note: Alabama is the base state for this table. Building Valuation Data produced March 31,2002. Data in the tables must be multiplied by the appropriate regional modifier. Type of Construction" Occupancy I il III IV' ys VIS 1-HR I UNP 1-HR I UNP 1-HR I UNP STANDARD BUILDING CODEC Assembly Auditorium -Good 131 126 101 64 62 100 96 66 62 - Average 96 93 73 45 42 72 68 46 42 Church -Good 127 122 103 69 67 102 98 81 92 - Average 93 90 75 65 63 74 70 70 66 Gymnasium -Good 104 104 83 76 73 82 78 79 75 - Average 77 77 61 54 52 60 56 57 53 Restaurant -Good 108 108 89 82 80 86 85 65 81 - Average 81 81 70 62 59 69 65 66 62 Theater -Good 123 119 66 78 76 85 81 61 77 - Average 92 90 62 55 53 61 57 58 54 Business Office -Good 113 109 89 80 77 66 B4 85 61 - Average B6 82 65 56 53 64 60 62 58 Research/Engineering -Good 72 69 63 57 55 62 58 59 55 - Average 53 51 45 39 37 44 40 41 37 Service Station -Good 106 104 67 85 62 66 82 72 68 - Average 98 94 73 70 68 72 68 61 57 Educational School -Good 104 104 67 BO 77 86 82 83 79 - Average B1 B1 68 61 58 67 63 64 60 Factory-lndustrlal Factory (light MGF) -Good 44 42 44 38 36 43 39 41 37 Average 30 29 33 27 25 32 28 I'>U . In:... Hazardous (Sprinkler System Included)" No. IO.:z: Hazardous -Good 46 43 46 40 38 45 41 42 MAR ~ 1 2003 - Average 32 30 35 29 27 34 30 32 EXHIB "'P r.&,,~O , Type of Construction- Occupancy I " In rr va VI' 1-HR I UNP 1-HR I UNP 1-HR I UNP Institutional Convalescent Hospital NIP' - Good 139 135 106 89 87 105 101 NIP' - Average 114 111 82 68 66 81 NIP' 78 NIP' Hospital - Good 199 195 159 89 87 158 NIP' 151 NIP' - Average 151 149 119 68 66 119 NIP' 114 NIP' Mercantile Department Stores - Good 89 87 76 56 54 75 71 59 55 - Average 68 67 62 43 40 61 57 46 42 Man Stores - Good 102 102 74 67 64 73 69 70 66 - Average 83 83 61 54 52 60 56 57 53 Mall-Concourse - Good 80 80 59 56 54 58 54 58 54 - Average 63 63 46 43 41 45 41 45 41 Retail Store - Good 70 69 62 56 54 61 57 59 55 - Average 56 54 48 43 40 48 44 46 42 Residential Apartments -Good 84 80 70 63 61 69 65 65 61 - Average 66 63 55 48 46 54 50 51 47 Dormitories -Good 99 97 84 77 74 83 79 78 74 - Average 77 75 65 58 56 64 60 61 57 Homes for Elderly - Good 100 98 88 82 80 87 83 85 81 - Average 79 77 68 62 60 67 63 65 61 Hotel -Good 105 102 89 68 66 89 85 84 80 - Average 82 80 76 50 48 75 71 71 67 Motel -Good 105 102 73 68 66 73 69 71 67 - Average 82 80 55 50 48 54 50 53 49 Single Family Residence' -Good 90 87 77 70 68 76 72 70 66 - Average 68 65 57 51 49 56 52 52 48 Storage Auto Parking Structure -Good 39 37 NlOZ NlOZ NlOZ NlOZ N/OZ NI[J2 NlOZ - Average 30 29 NJDZ 24 21 NlOZ Ntoa NJDZ NlOZ Private Garage - Good 39 37 45 37 35 44 40 41 37 - Average 30 29 36 29 27 35 31 32 28 Repair Garage -Good 48 45 48 38 36 47 43 42 38 - Average 35 33 36 28 26 35 31 32 28 Warehouse -Good 49 47 39 33 31 38 34 35AG r&1TEl4 - Average 36 34 29 23 21 28 24 2(;1. MAR 1 1 2003 Pt. 3/ Notes: 1. NIP-Not permitted by code. 2. NlD-lnsufficient data to determine average cost. 3. Unfinished basements $11.81/sq. ft. 4. For sprinklered buildings in other than hazardous occupancies add $1.75/sq. ft. 5. In Type IV, V, and VI, add $41,000 per elevator 6. A good building will normally have some components which are only average, but many will be better than average. A good building is wen insulated to utility standards, with packaged or zoned air conditioning; and has more than the minimum code required plumbing fixtures, and lighting and electric outlets, with good quality fIXtures, interior and exterior finishes, and carpets. 7. An average building has minimum model energy code insulation levels, with a forced air system, contains the minimum code required plumbing fixtures, lighting, electric outlets; and has average quality interior and exterior finish and minimum carpet. Type of Construction" Occupancy I 1/ III IV V A I B A I B A I B A I B INTERNA TlONAL BUILDING CODE8 Assembly Auditorium -Good 131 126 64 62 100 96 101 66 62 - Average 96 93 45 42 72 68 73 46 42 Church -Good 127 122 89 87 102 98 103 81 92 - Average 93 90 65 63 74 70 75 70 66 Gymnasium -Good 104 104 76 73 82 78 83 79 75 - Average 77 77 54 52 60 56 61 57 53 Restaurant -Good 108 108 82 80 88 85 89 85 81 - Average 81 81 62 59 69 65 70 66 62 Theater - Good 123 119 78 76 85 81 86 81 77 - Average 92 90 55 53 61 57 62 58 54 Business Office -Good 113 109 80 77 88 84 89 85 81 - Average 86 82 56 53 64 60 65 62 58 Research/Engineering -Good 72 69 57 55 62 58 63 59 55 - Average 53 51 39 37 44 40 45 41 37 Service Station -Good 108 104 85 82 86 82 87 72 68 -Average 98 94 70 68 72 68 73 61 57 Educational School -Good 104 104 80 77 86 82 87 83 79 - Average 81 81 61 58 67 63 68 64 60 F acto'Y-Industrlal Factory (light MGF) -Good 44 42 38 36 43 39 44 41 37 - Average 30 29 27 25 32 28 33 30 26 Hazardous (Sprinkler System Included)" . Hazardous -Good 46 43 40 38 45 41 46 42 AGI :NO~fTEM - Average 32 30 29 27 34 30 35 3Z~ u("\ 287""" MAR 1 1 2003 PI. 3.2 ..- .~. ~7 A u I Type of Construction. I A B I Occupancy B A In I IV B A v I 8 Institutional ~'J~p.'taI - Average Hospital - Good - Average Mercantile ~ ~. {'. ~~~ .. I!<:... ." s ... -, 13tt 1't35 ;'-'"'. ...- (i 87.iiff f. NIP'". :""106 , 10ft ., . 114 111 oC'" . 66 " 81 NIP' 82 I. 78.' NIP' 199 195 89 87 158 NIP' 159 151 NIP' 151 149 68 66 119 NIP' 119 114 NIP' Department Stores - Good 89 87 56 54 75 71 76 59 55 - Average 68 67 43 40 61 57 62 46 42 Mall Stores - Good 102 102 67 64 73 69 74 70 66 - Average 83 83 54 52 60 56 61 57 53 . Mall-Concourse - Good 80 80 56 54 58 54 59 58 5'.f - Average 63 63 43 41 45 41 46 45 41 Retail Store - Good 70 69 56 54 61 57 62 59 55 - Average 56 54 43 40 48 44 48 46 42 Residential Apartments - Good 84 80 63 61 69 65 70 65 61 - Average 66 63 48 46 54 50 55 51 47 Dormitories -Good 99 97 77 74 83 79 84 78 74 - Average 77 75 58 56 64 60 65 61 57 Homes for Elderly - Good 100 98 82 80 87 83 88 85 81 - Average 79 77 62 60 67 63 68 65 61 Hotel -Good 105 102 68 66 89 85 89 84 80 - Average 82 80 50 48 75 71 76 71 67 Motel -Good 105 102 68 66 73 69 73 71 67 - Average 82 80 50 48 54 50 55 53 49 Single Family Residence' - Good 90 87 70 68 76 72 77 70 66 - Average 68 65 51 49 56 52 57 52 48 Storage Auto Parking Structure -Good 39 37 NJD2 NJD2 NJD2 N/OZ N10Z N/OZ N10Z -Average 30 29 24 21 NIOZ N10Z N10Z N10Z N10Z Repair Garage -Good 48 45 38 36 47 43 48 42 38 - Average 35 33 28 26 35 31 36 32 28 Warehouse -Good 49 47 33 31 38 34 39 35 31 - Average 36 34 23 21 28 24 29 26 22 AGENDAJ1.EM No.JO~ MAR 1 1 2003 39 p.. Type of Construction" Occupancy I II In IV V A I B A I B A I B A I B Utility and Miscellaneous Private Garage - Good 39 37 37 35 44 40 45 41 37 - Average 30 29 29 27 35 31 36 32 28 Greenhouse -Good NJD2 NJD2 11.90 NJD2 NJD2 N/OZ NIIJ2 N/[)l 5.70 - Average NJD2 N/OZ 5.53 NlOZ NJD2 N/OZ NlOZ NJD2 3.71 Notes: 1. NIP-Not pennitted by code. 2. N/D-Insufficient data to detennine average cost. 3. Unfinished basements $11.81/sq. ft. 4. For sprinklered buildings in other than hazardous occupancies add $1.751sq. ft. 5. In Type II, III, and V, add $41,000 per elevator 6. A good building will nonnally have some components which are only average, but many will be better than average. A good building is well insulated to utility standards, with packaged or zoned air conditioning; and has more than the minimum code required plumbing fixtures, and lighting and electric outlets, with good quality fixtures, interior and exterior finishes, and carpets. 7. An average building has minimum model energy code insulation levels, with a forced air system, contains the minimum code required plumbing fixtures, lighting, electric outlets; and has average quality interior and exterior finish and minimum carpet. REGIONAL MODIFIERS (For use with SBC and IBC) ALABAMA 1.00 IDAHO 1.11 NEBRASKA 1.09 Binningham 1.05 Mobile 1.04 ILLINOIS 1.22 NEVADA 1.19 Opelika 0.95 INDIANA 1.15 NEW HAMPSHIRE 1.09 ALASKA 1.67 IOWA 1.16 NEW JERSEY 1.30 ARIZONA 1.09 KANSAS 1.06 NEW MEXICO 1.03 ARKANSAS 0.97 Gallup 1.17 Little Rock 1.03 KENTUCKY 1.11 Taos 1.21 West Memphis 1.04 Covington 1.14 New Port 1.14 NEW YORK 1.20 CALIFORNIA 1.27 LOUISIANA 1.02 NORTH CAROLINA 1.03 COLORADO 1.13 Baton Rouge 1.02 Charlotte 1.05 Aspen 1.49 New Orleans 1.04 Raleigh 1.06 Shreveport 1.02 CONNECTICUT 1.25 NORTH DAKOTA 1.13 MAINE 1.11 DELAWARE 1.23 OHIO 1.14 MARYLAND 1.13 DISTRICT OF Baltimore 1.21 OKLAHOMA 0.99 COLUMBIA 1.19 Oklahoma City 1.08 MASSACHUSETTS 1.24 FLORIDA 1.03 OREGON 1.21 Jacksonville 1.03 MICHIGAN 1.16 Miami 1.00 PENNSYLVANIA 1.17 Orlando 1.09 MINNESOTA 1.20 Tampa 1.08 RHODE ISLAND 1.23 MISSISSIPPI 0.98 GEORGIA 1.02 Jackson 1.00 SOUTH CAROLINA 1.02 Atlanta 1.11 Columbia 1.03 Columbus 1.01 MISSOURI 1.09 Myrtle Beach 1.05 HAWAII 1.61 MONTANA 1.09 SOUTH DAKOTA 1.10 TENNESSEE 1.03 Knoxville 1.08 Memphis 1.05 Nashville 1.07 TEXAS 0.99 Amarillo 1.02 Corpus Christi 0.95 DallaslFt. Worth 1.05 EIPaso 0.99 Houston 1.03 Victoria 0.95 Waco 1.00 Wichita Falls 1.02 UTAH 1.06 VERMONT 1.14 VIRGINIA 1.02 Alexandria 1.18 Fredericksburg 1.15 Richmond 1.05 WASHINGTON 1.24 WEST VIRGINIA 1.17 WISCONSIN 1.19 WYOMING 1.08 ~j02:TEM MAR 1 1 2003 PI. ?if EXECUTIVE SUMMARY REQUEST BOARD APPROVAL OF JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR ADV ANCEMENT OF CONSTRUCTION FUNDS AND ALLOCATION OF URBANIZED AREA FUNDS FROM FDOT FY 2004 AND 2005 IN THE AMOUNT OF $1,080,000 FOR USE ON THE SR 84 (DAVIS BOULEV ARD)/CR 951 (COLLIER BOULEVARD) INTERSECTION IMPROVEMENT PROJECT. OBJECTIVE: To provide background to the Board and to request release of funds for the proposed improvements to the SR 84/CR 951 intersection project. This project will assist in alleviating current LOS deficiency on this segment of Davis Boulevard as an interim improvement until the State's multi laning project is completed. CONSIDERATION: On June 11, 2002, the Board approved the imposition of interim development controls on three Collier County roadway segments (Agenda Item 8C, Ordinance 02-29). The three segments were US 41 from Creech Road to Pine Ridge Road, Vanderbilt Beach Road from US 41 to Gulfshore Drive, and Davis Boulevard (SR 84) from Radio Road to Collier Boulevard (CR 951 while the interim development controls ended with the effective date of the new Growth Management Plan and Land Development Code revisions to Chapter 3.15, Adequate Public Facilities.. ,......~- This segment of SR 84 is still experiencing unacceptable operating conditions at its intersection with CR 951. As part of the update of the Annual Update and Inventory Report (AUIR) last December: The Board authorized interim intersection improvements to include the following measures: 1. Addition of a dual northbound to westbound left turn lane from CR 951 to SR 84 and an increase in length of the existing and new lanes. 2. Addition of a dual southbound to westbound right turn lane from CR 951 to SR 84. 3. Addition of a dedicated eastbound to southbound right turn lane from SR 84 to CR 951. 4. Lengthening of the existing dual eastbound to northbound left turn lanes from SR 84 to CR 951. 5. Median modifications to smooth traffic flow from a point about 1100' west of the intersecti on. Attachment No. 1 is a sketch detailing the proposed improvements. Staff proposes to accelerate this project by augmenting local funding with funding from existing FDOT Work Program project funds already earmarked for use in the area. There are two FDOT funding sources available. There is a $190,000 earmarked for resurfacing SR 84 from CR 951 to Radio Road. There is also $890,000 earmarked for the Collier County Urban Area without any specific location delimited. -- In addition to these funding sources, and depending upon the timing of the projects. an adjacent development entity (developing the Wal-Mart Super Center to the south) has received F right-of-way connection permit for the construction of turn lanes and a driveway AGENnA ITEM /' No.~ I (}.J MAR 1 1 2003 \ Pg. Executive Summary Request Board Approval of alP A with FDOT for SR84/CR 951 Intersection Improvements Page 2 of2 connection on SR 84. The terms of that permit require them to participate in the resurfacing of SR 84 easterly to Radio Road. 'tFISCAL IMP ACf: A budget amendment is needed to transfer funds from the Rattlesnake " Hammock Road Project for Construction in the amount of $1,080,000. Construction of Rattlesnake Hammock Road is budgeted in this FY 03, however, construction has been moved to next fiscal year 04. Funding for the construction of Rattlesnake Hammock Road (polly to Collier Boulevard) will be re budgeted in the FY 04 Transportation Capital Budget. Funding will come from the Transportation Supported Gas Tax and Impact Fee Funds. Source of Funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT: Accelerating this project will assist in relieving the interim development controls placed on this roadway segment by the Board to assure consistency with the Growth Management Plan. RECOMMENDATION: That the Board authorize staff to negotiate the lPA with FDOT; bring the final lP A back to the Board for execution; approve the necessary budget amendment; and authorize staffto provide any documentation necessary to carry out the Board's intent. SUBMITTED BY: DATE: Edward ,. Kant, P.E., Transportation Operations Director REVIEWED BY: .J. #1 !______ DATE: p3 Gre~ St aluse, P .E., Engineering and Construction Manag m nt Director APPROVED BY: Norm DATE: .Y~3 P, Transportation Administrator Attachments: No. 1 - Location Sketch of Proposed Improvements and Aerial Map MAR 1 1 2003 d... Pg. EXHIBIT No. 1 AG~(rcJ. I~ No. .~- SHEET PROJECTDAVIS BOULEVARD (S.R. 8.) INTERSECTION IMPROVEMENTS . SR 84 DAVIS BOULEVARD AND COWER BOULEVARD (CR 951) TS'" fUNDING APPLICATION APPLICANT: COLLIER COUNTY BOARD OF COUNTY CO......ISSION S TRANSPORTATION OPERATIONS DEPART"'ENT 2705 SOUTH HORSESHOE DRIVE - NAPlES, 1'1 3 10 COUNTY: COLLIER COUNTY CATE: JANUARY 8. 2003 EB DATE: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PLANS OF PROPOSED DAVIS BOULEVARD (S.R. 84) INTERSECTION IMPROVEMENTS @ SR 84 DAVIS BOULEVARD AND COLLIER BOULEVARD (CR 951) ... ... ... to N N a:: a:: ... to N a:: c;J C ~ I-rj o ~ ~ trj X - Cl o " N a:: WIGGINS PASS IIIIIOKAlEE ROAD ;;; "'I Ui VAIlDERBD.T JACH ROAD CLAM PASS _i ~I :J : on ... .!. flJlE RIDGE ROAD T 49 S T 50 S T 50 S T 51 S ... ... on '" N N a:: a:: TO WARCO ... ... to " N N a:: a:: ATTACHMENT NO. / PAGE '2..- OF z... PROJECT LOCATION EXHIBIT No. 2 S T 48 S S T 49 S END PROJECT ST A. 363+ 11.44 T 49 S T 50 S BEGIN PROJECT STA. 334+10.39 T50S T 51 S A(J.F7?1ITCa . No. ~_ MAR 1 1 2003 Pg. 4 SHEET PROJECT: TSM FUNDING APPLICATION DAVIS BOULEVARD (S.R. 84) APPLICANT: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ffi INTERSECTION IMPROVEMENTS . TRANSPORTATION OPERATIONS DEPARnAENT W SR 84 DAVIS BOULEVARD AND COWER 2705 SOUTH HORSESHOE DRIVE - NAPLES. FL 34104 JUlIO f. ORDONEZ. P.E. BOULEVARD (CR 951) COUNTY: COLLIER COUNTY DATE: JANUARY 8. 2003 ~A~:NO. 42023 ';4:,?" -I' EXECUTIVE SUMMARY SEEK BOARD APPROVAL TO GO FORWARD WITH A DEVELOPER CONTRIBUTION AGREEMENT WITH LELY RESORTS REGARDING THE EXTENSION OF SANTA BARBARA ON WHAT IS KNOWN AS ALTERNATIVE A ALIGNMENT ALONG POLLY AVENUE AND THE WIDENING OF RATTLESNAKE HAMMOCK AND CR 951 .--.-.-..--.---.---------.--..------------------..-----------.---.---.----.-------..-------.-.-...-..---.. - OBJECTIVE: To obtain Board concurrence with the provision of a conceptual agreement as the basis for the development of a Developer Contribution Agreement with Lely Resorts and Stock Development regarding the construction of Santa Barbara Boulevard Extension along an Alternative A alignment, the widening of Rattlesnake Hammock Road from Polly Avenue to CR 951 and the widening of CR 951 from Rattlesnake Hammock Road to US 41. This agreement will require Lely Development and Stock Development to provide right of way along CR 951 and Rattlesnake Hammock, accept stormwater from a widened CR 951 and limit access to the existing roadway connections at Triangle Boulevard, Grand Lely Drive and Cultural Boulevard. The County, in turn, will construct Santa Barbara Extension as a four lane facility with sufficient right-of-way to expand to an ultimate six lane facility in the future, will widen Rattlesnake Hammock to four lanes within a six lane right-of-way and widen CR 951 from Rattlesnake Hammock to US 41 from four to six lanes primarily within the existing 125 foot corridor. CONSIDERATION: The BCC approved Alternative C plus A alignments for Santa Barbara Extension in 1998 that included a two lane Polly Avenue from Davis Boulevard to Rattlesnake Hammock and a six lane roadway on new alignment from Davis Boulevard to Rattlesnake Hammock across from a proposed six lane Grand Lely Drive. Two years ago discussion arose about the possibility of constructing Santa Barbara Boulevard Extension on an Alternate A Polly alignment and widening Rattlesnake Hammock and CR 951 instead of the previously approved alignments. This reconsideration was prompted by concerns for taking of homes on the Alternate C alignment and the impacts of six lanes within Lely Resorts. Currently a decision is needed so that Edison Community College can proceed with the design and construction of Grand Lely Drive from Rattlesnake Hammock down to the school or risk losing a grant for the development of this section of roadway. Recent discussions with Joe Ryan representing Lely Development have focused on alternatives to building a six lane Grand ~ly Drive and Lely Resorts Boulevard as was identified as a provision of development in Lely Development's DR!. From these discussions, it is understood that Lely will develop a two lane facility within an ultimate six lane right of way from Rattlesnake Hammock to Cultural Boulevard and continue with no more than a four lane facility from Cultural Boulevard to US 41. To handle the reduction in capacity from a six lane facility to a four lane facility, a conceptual agreement has been reached for provisions to be incorporated into a Developer Contribution Agreement. AGEN~IT~ No. MAR 1 1 2003 ,-. Pg. Lely Development and Stock Development Corporation will include acceptance of stormwater within their existing or future drainage systems. In addition, Lely Development will provide, at no cost to the County, an additional ten feet of right of way on Rattlesnake Hammock and compensating right of way for intersection turn lanes at Orand Lely Drive and Rattlesnake Hammock across from Wing South (exact alignment to be determined). This agreement will also have a provision for an additional twenty-five to thirty-five feet of right of way north and south of the intersections of Cultural Boulevard from Lely Development. Orand Lely Drive and Triangle Boulevard and the side street right-of-way as is required for safe and efficient operations at these intersections will be provided, at no cost to the County, by Stock Development. The rights of way for these improvements will be at no cost to the County with the exception of transfer fees. Both Lely Development and Stock Development will also provide one foot of limited access right of way to preclude additional driveway or median opening access beyond the current access to CR 951 throughout the length of Lely's and Stock Development. This is particularly important to help preserve the capacity of this corridor. The new agreement is made with the understanding that the County will provide assistance with the Regional Planning Council reviews as it relates with changes to their development by not providing for a six lane facility within Lely Resorts as it is identified from the ADA requirements. This is with the understanding that the needs are sufficiently offset by right-of-way, stormwater requirements and limited access rights by the Developer. -- ryJFISCAL IMPACT~ .There is no direc~ fisc~l impact to the Coun~y by this action as the .' reduced laneage wlthm Lely Resorts IS bemg offset by commItments to Rattlesnake Hammock and CR 951 that will offset costs for development of these planned capacity projects. The estimated cost to widen Lely Resorts Boulevard from four to six lanes is approximately $5.3 million for design anti construction, if the Developer was required to continue with those plans. The value of the right-of-way on Rattlesnake and CR 951, storm water treatment for CR 951 and the limited access rights along CR 951 to the County is estimated to be $5.54 million. In addition, there will be additional savings realized from changing from the previous selected alternative which included Polly Avenue as a two lane extension and Alternative C that included a six lane alignment with Orand Lely Drive. The Long Range Transportation Plan estimate included $27.35 million for Alternative C with an additional $10.1 million for Polly Avenue. Therefore, the additional savings of Alternate A only would be at least $10.1 million not including the additional right-of-way issues that would be encountered by Alternate C (impact to existing structures). GROWTH MANAGEMENT: The growth management plan includes the Long Range Transportation Plan which includes both a two lane Polly Avenue and Alternate C and would need to be amended if the Board approves Alternate A. _.. RECOMMENDATION: That the Board of County Commissioners 1.) Direct staff to write a Developer Contribution Agreement with Lely Resorts and Stock Development covering the provisions of right-of-way for Rattlesnake Hammock, CR 951 and for stormwater requirements 2.) Board modify prior action to establish Alternate A as the approved alignment for Santa Barbara Boulevard Extension and 3.) The Developer Contribution Agreement be brought back to the board for final approval at a future BCC meeting. N:GE~?f ~M MAR 1 1 2003 "7- Pg. 2 prelJ;:4 ii- Date: Donald Scott, Director, Transportation Planning . Re~h7[j;?;-' Gregg Strakaluse, Director, Transportation Engineering Date: ..ed. ndAr~ry: ~?'0 (fp--. n Feder, Transportation Administrator Date: ......-, 3 :~(5/ ()) I { (~j; ;/pJ / AGEN~.I~M No. I~ MAR 1 1 2003 Pg. 3 EXECUTIVE SUMMARY PRESENTATION OF OPTIONS REGARDING LIVINGSTON WOODS NEIGHBORHOOD PARK Objective: To fulfill the wishes of the majority of Livingston Woods residents with respect to th(~ development of a neighborhood park in their subdivision. Considerations: In April of 1999 a Livingston Woods resident surveyed her neighbors to assess interest in a neighborhood park. Having received a favorable response she applied to the Parks and Recreation Advisory Board, as is standard procedure. Her application was approved in February of 2000. The Board of County Commissioners then approved the purchase of2.73 acres to be used for a park in the neighborhood on May 9, 2000. In January of 2001 the Parks and Recreation Department surveyed neighborhood residents to assess what type of park they would like. Results indicated that a majority favored an active park. Two meetings with neighborhood residents followed in March and April of 2001, but resident concerns caused the project to be put on hold. In April of 2002 Commissioner Henning's office conducted another survey to assess neighbors' desires. Again a majority was in favor of a park, although slightly less than half preferred an active park. In January of 2003 a meeting was held to form a park development committee. Applications were taken, but the project was again put on hold as park opponents brought their concerns before the BCC in February. Staff asks the Board to consider the following three options: 1. Develop the property as an active park consistent with the Board-approved Parks and Recreation Neighborhood Park and Tot Lot Policy. 2. Conduct another official survey to assess the desires of the majority of Livingston Woods residents. 3. Sell the property. Tabulations of the results of the three surveys and the Neighborhood Park and Tot Lot Policy are attached for reference. Fiscal Impact: Purchase price of the property was $85,000. Funds in the amount of $95,000 for the site's development are budgeted in Parks Improvements CIP (306). -, Growth Management Impact: Neighborhood parks are not inventoried in the Growth Management Plan. AGENDA 'h No. /0 MAR 1 1 2003 Pg. I Recommendation: At its February 19 meeting, the Parks and Recreation Advisory Board recommended development of an active park as is consistent with their original application approval and the Board-approved Parks and Recreation Neighborhood Park and Tot Lot Policy. Reviewed by: /~/_, ""f' . ,c1/7/!'/.. '- ',- Submitted by: Date: ?J/~) k3 I I Approved by: arIa O. Ramsey, Dire r ~ ra~ks and Recreation Dep ent \ tJ) I~ Jqhn Dunnuck, Administrator Bivision of Public Services Date: :? Jit k '? _. Agende It.", No. / 0 ~ MAR 1 1 2003 Pg. 2- .,...-,- .'" LIVINGSTON WOODS Livingston Woods Survey Results (Initial Survey) Sandy and Jessica Taylor (Former Area Residents) Responses - 68 Desire Neighborhood Park - 52 Do not desire a Neighborhood Park - 16 Total =68 Livingston Woods Survey Results Parks and Recreation Responses - 73 Desire a Passive Park - 14 Desire an Active Park - 47 Total = 61 Do not Desire a Park-12 Total = 12 Livingston Woods Survey Results Commissioners Office Responses - 71 Desire a Passive Park - 5 Desire an Active Park - 30 . Either Passive or Active - 8 Total ::" 43 - Do not Desire a Park - 28 Total = 28 . Ag_nd6 J..~."'- No. J6 /-.. , MAR 1 1 2003. Pg. ~ - EXECUTIVE SUMMARY APPROVE CHANGES TO THE RECREATION NEIGHBORHOOD APPLICA TION AND CRITERIA. COLLIER COUNTY PARK AND TOT PARKS AND LOT POLICY Objective: That the Boald of County Commissioners approves policy and procedure changes to Collier County Parks and Recreation Department's application for Neighborhood Parka and Tot Lots. Consideration: The Board previously adopted the Neighborhood Park policy in 1999. The proposed application for a Neighborhood Park and Tot Lot is being amended to define park distinctions between Neighborhood Parks I Tot Lots as requested by the Parks and Recreation Advisory Board. and to adjust the cost of development. Through experience developing neighborhood parks in older neighborhoods such as Naples Park and Isles of Capri. the 1999 costs are not applicable today. For example, the cost of property on the Isles of Capri for a 1f.t acre today is $80.000 while the current policy allocates only $60,000 for acquisition of a "neighborhood" park, 3-5 acres in size. As a result, staff is recommending that the Board modify the estimated cost of land acquisition and development of a Neighborhood Park from $95,000 to $250,000. Additionally, the new policy provides a distinction between a Neighborhood Park and a tot lot (playground). A Neighborhood Park, 3-5 acres in size, includes playground equipment, landscaping, walkways, picnic area. open play area, benches and fencing for safety. The Tot Lot Standard (112 acre - 1 acre) includes play apparatus. benches, landscaping to code and fencing for safety. The estimated cost for a Tot Lot is $125,000. Should the communities wish to add additional amenities beyond these standards, it would have to be done through a Taxing District. The distinction of the two types of parks will help communities determine which type of park is most suitable for the community. Fiscal Impact: The current policy sets costs for the acquisition and development of a neighborhood park at $95,000. The new policy will increase the total cost (land acquisition and development of a park) to $250,000 for a neighborhood park and $125,000 for a Tot Lot. Currently the Board has budgeted for the acquisition of two parks. This would raise the budget for FY03 from $190,000 to $500,000. General Funds have been used in the past due to the fact that the County typically receives several applications annually from throughout the community and these Parks provide a relief to the community from having to drive to community parks. The Community Character Study previously accepted by the Board further supports the development of these parks. The Board will have the opportunity to review how many of these parks would be funded during the Board discussion. Growth Management: Neighborhood Parks are not evaluated In the Growth Management Plan. Recommendation: The Parks and Recreation Advisory Board and staff reco end ""da h_.. the Board approve the amendment to the Creation of Neighborhood Parks and ot ~ /0 L policy. MAR 1 1 2003 Pg. ~ - Prepared by: Steve Whittier, Recreation Manager Department of Parks and Recreation Date: Reviewed and Approved by: Marla Olsvig Ramsey, Director Department of Parks and Recreation Date: Reviewed and Approved by: John Dunnuck, Administrator Division of Public Services Date: Aoe"). Ij:alll No. Z; '- MAR 1 1- 2003 Pg. r - COlLIER COUNTY PARKS AND RECREATION POLICIES AND PROqIDURES MANUAL EFFECTIVE DATE: SUBJEcr: CREATION OF NEIGHBORHOOD PARKS PAGE AND TOT LOTS CATEGORY: NUMBER: PURPOSE: The purpose of this Policy is to create a mechanism by which a neighborhood in Collier County may obtain a neighborhood park or tot lot. This policy will establish standards in way of size, facilities and maintenance. POLICY: The Recreation and Open Space Element of the Collier County Growth Management Plan states that neighborhood parks shall be provided primarily by the private sector and City of Naples with the County's focus on larger type parks. The policy would allow Collier County Board of Commissioners to consider smaller parks in areas currently not being served as defmed in. this policy. 1. Location and Land Criteria: A. Definition of Neighborhood Parkffot Lot: 1. A. tot lot is Y2 to 1 acre in size and a neighborhood park is 3 to 5 acres in size. 2. The service area is designated for residents in the immediate vicinity of the park. 3. The park is within walking or biking distance of homes. 4. Park may not be within defined service area of any other County Recreational facility. 5. The site is not for environmental, zoning, or other reasons cost prohibitive. B. Defmition of Service Area: 1. The service area for a neighborhood park is within a 1 mile radius of the park location. The service area of a tot lot is ~ mile radius qf site. 2. An area that is not separated by major arterial roadways or artificial/natural barriers. . . 2. Facility Standards Below is a listof amenities that will be included in the basic neighborhood park or tot lot package ~ the standard. These include: ~. Neighborhood Park . 1. Neighborhood park playground equipment Agenda It.. No. . Ie:) k . . 1 MAR 1 1 2003 Pg. .Jf 2. Landscape to code - Xeriscape 3. Wal1.-way, if needed 4. Fencing, if needed for safety concerns 5. Picnic area 6. Other items as dictated for safety 7. Open green space . 8. Benches 9. Irrigation if needed B. Tot Lot 1. Small play apparatus 2. Landscaping to code 3. Benches 4. Fence, if needed for safety Any additional amenity requested by the service area community will have to be funded either by private donations or a locally supported Municipal Benefit and Service Taxing District~ . 3. Maintenance Standard - Exhibit A: Upon adoption of this policy, an additional maintenance crew of three (3) people will be added for every five neighborhood parks constructed. This crew will be added during the construction of the second park in this rotation. Park maintenance will comply with adopted maintenance standard. 4. Stens In Creatin!! and Irnnlementin!! the Nei!!hborhood Park Plan A. Planning Outline 1. Parks and Recreation Department must receive a request in writing from a community park committee, homeowners association, or civic association by November 30. 2. Select the location of park and communicate with adjacent land owners. 3. Determine if a neighborhood park or a tot lot will be built including sta:ndard amenitie~. Additional amenities or maintenance items will be discussed as desired. 4. Determine the estimated land purchase cost. 5. Complete PARAB Agenda Request Form for February meeting. Fax to 353-1002. 6. Present proposal to Parks and Recreation Advisory Board for recommendation using established point system (Exhibit B). 7. Staff and Advisory Board recommendation presented to Board of County Commissioners as part of the annual budget process. 8. Once the Board of County Commissioners approves the project, fmancing and construction will occur in the next budgeted fiscal year. Agen,,~ 1"-- No. V L 2 MAR 1 1 2003 Pg .J _ 5. Fundin~ A. Initial land acquisition and park construction' shall be funded by private donations or the County Ad Valorem fund. 1. Neighborhood park's approximate cost is $250,000 2. Tot lot's approximate cost is $125,000 B. Maintenance of facilities based on the defmed standard level of service shall be funded by general fund dollars.' C Any facilities constructed beyond the neighborhood park or tot lot facilities standard shall be funded by either private donations or a Municipal Benefit and Service Taxing Unit -'- ........ Agenda I~ No. /(j 3 MAR 1 1 2003 Pg. II I I I EXHIBIT A MAINTENANCE STANDARDS A. Turf Care - Cut once every ten working days. Nonnally not aerated unless turf qUality indicates a need or .inanticipation of an application of fertilizer. Reseeding or re-sod when major bare spots appear. B. Fertilizer - Applied only when turf vigor seems to be low. Low level application once pc:i year. C. Irrigation - None. D. Litter Control - Once per week. E. Pruning - As required for health .or keep appearance reasonable. With most tree and shrub species, this would not be more than once ev~ two or three years. F. Disease and Insect Control - Required only on epidemic or serious complaint basis. Control measures may be put into effect when the health or survival of plant materials is threatened or where public's comfort is of a concern. G. Lighting - None. H. Surfaces - Cleaned as required. Repaired or replaced as budget allows. 1. Repairs - Should be done whenever safety or functionality is in question J. Inspections - At least once per week K.. Floral Planting - Only perennials or flowering trees or shrubs. L. Restrooms - None. M. Special Features - Minimum allowable maintenance for features present with function and safety in mind. Agenda It.eM No. f) L ----- - 4 MAR 1 1 2003 Pg. 'I' EXHIBIT B . POINT SYSTEM FOR NEIGHBORHOOD PARKS AND TOT LOTS Please rank the neighborhood park and tot lot request separately, using the table listed 'below: 1. Location is accessible by walking and biking for tJ'Je following mnnber of .children in the area. (Circle the one most applicable to your area.) 25 a. 50-100 (5) points) . b. 100-250 (10 points) c. 250-400 (15 points) d. 400-550 (20 points) e. 550+ (25 points) 2. Size OfpTOperty 10 3. Property available for sale (lO points) a. Sales price within budget (10 points) 20 . . 4. Zoning Requirements and Permits a. No wetlands (5 points) b. Zoned residentialoT public use (5 points) 10 5. Neighborhood input " 30 a. Letter of support from civic association or homeowners association (5 points) b. Adjacent landowncrs have sent letters of support (10 points) c. Fifty per cent (50%) plus 1 are in favor of a park in their neighborhood (5 points) d. M"mutes of the neighborhood meeting showing support for a park (5 points) e. Neighborhood association has a neighborhood watch or security program (5 points) 6. Funding - A donation bas been secured (5 points) 5 Total 100 * Note: 100 possible points 50 points required for consideration Agenda T+-... No. 10 I- MAR 1 f 2003 Pg. /Q 5 -" INFORMATION FOR APPLICATION OF NEIGHBORHOOD PARK OR TOT LOT PROCEDURE: 1. Request form submitted by November 301ll to the Parks and Rec:eation Department 2. Presemation to Parks and Re::reation Advisory Board at FebruaJ)' meeting 3. Selection by PARAB is made by point system 4. Proposal presctttcd to Board of County Commissioners as part ofbud~ process 5. When approved by Bee, project is budgeted and conSlIllCled in the following fis::al year SIZE: Neighborhood Park: recommended 3 to 5 acres Tot Lot: recommended ~ to 1 aa-e LOCATION: Sczvice Bl'Cll. is designatCd faT rcsidc:nts within the immediate viciDity oftbe park within Vo1IlkinglbikiDg dislance (within 1.0 mile radius for neighborhood parks and .5 nule radius for tot lot) and an area that is not separated by major. ancrial roadWlY; or artificial/nalllIal buriers. Tb c majority of the area is not v.,ithin walking distance of IIJI)' other similar Cowrty maintained RClQtional iilcility. The site is not for envirOllIllcmal or other reasons cost prohibitive. NEIGHBORHOOD PARK STANDAJWS INCLUDE: Approximate costS"'-50,OOO Neighborhood p1l1Yground cquipmClrt Fenc::, ifnceclcd for safety Landscape (Xeriscape) to code Picnic area Wal1cway, ifneeded for safety Open play maL Irrigation, if needed Benches Other items as diCllltcd for safety TOT LOT STANDARDS INCLUDE: Approximate cost $125,000 Play appamtuS Fenc:. if needed for safety Landscaping to code Bc:nches ADDmONAL AMENITIES: Requests will need to be funded by private donations or locally supponcd Municipal B::n:iit and Service Taxing District. MATh"TEN~...er. ST A.~ARDS INCLUDE: Approximate cost S60,000 stan up one time, annual personnel S45,000, annual Maintenance $10,000 per park. 1. Turf Care - cut once every ten working days. Normally not aerated unless lllrf quality indicates a need or in anticipation of an application of fcrulizer. Reseeding orre-sod when major bare spots appear. 2. Fenili= - applied only wben turfvigor seems to be low. Low level application once F year. 3. lrrigatiOll- none. 4. Liner Control - once per week. S. Pruning. lIS required for health or keep app:anmce r=sonable. Wtth most tr= and shrub species, this would not be more than once cvcty two or three years. 6. Disease and Insect Control _ required only on epidemic or serious complaint basis. Control measures IlllI)' be ptIt into effect when the health or survh'lll of plant materials is threatened or where public's comfort is of a concern. 7 Lighting - none. 8. Surfaces. cleaned as required. Repaired or replaced as bud~t allows.. 9. Repairs . should be done whenever safety or functionality is in question. . ] O. Inspections - at least once per wee!.: 11. Floral Planting - only perennials or flowering trees or shrubs. 12. Restrooms - none. 13. Special Features - minimum allowable maintenance for features present with function and safety in mind. FUNDING: 1. Initial land acquisition and park connruction sball be funded b)' private donations or thc Count)' Ad Valorem Fund 2. Maintenance offaciJilies based on the defin:d SWIdard level of service shall be funded by Ad Valorem Fund. 3. Any faciliti:s constructed beyond neighborhood park facilities standards shall be funded by either private donations or a Municipal Bc:ne:fit and SCl"Io'ice Tuing Unit. POJ1'\"T SYSTEM: 1. Location is accessible by walking and biking for the following Dumber of children intbc area (Circle the ooe most applicable to your area) L 50-100 (5 points) b. 100-250 (]O points ::!.5 poiuts c. 250-400 (15 points) d. 400-550 (20 poinu() e. 550 + (25 points) 2. Size of property 3. Property Available for sale (10 points) a. Sales price within budget (] 0 points) 4. Zoning Rcquircments and hnnits a. No wcIIands (5 points) c. Zoned residential or public use (5 points) 5. Neighbo1boocl input L Letter Dfsupport 1i-om civic associatioD or bomeownc:rs associaIian (5 points) b. Adjacem landowners have seJtt letters of sapport (]O poiJltS) e. Fifty per cent (50%) plus 1 are in mvor ofa JIII1k in1heir nci!hbcrltood (5 points) d. Minutes of the neighborhood meeting showing support fora pad: (S poims) e. Neighborhood association has a nei!hborbood watch or scc:urity prognuJI (S points 6. Funding - A donation bas b=n secured (S points) 10 :0 10 30 5 Total ] .... Agenda To.-- No. /0 I- MAR 1 1 2003 Pg. II Note: . -1 00 possible poinu · 50 points requiTed for considenltion G drive: N:i~ood Parks - 'W\1,rw .co. colli er .f!.. us APPUCATION FOR NEIGHBORHOOD PARK OR TOT LOT COLLIER COUNTY PARKS AND RECREATION DEPARTMENT Circle one (Neighborhood Park or Tot Lot) DATE Organization/Group Contact Person: Address: Daytime Telephone: Fax: E-mail : : I; I : : : : : : : ! : 1 I: : : : : I : : I : ! i I : : : 1 : J : : II: : : 1111 11 : I : Ii I II : : I : II III ! I I:: Illltl Note: Requests made for the development of a neighborhood park or tot lot will be based on a point system. See attached information sheet. Proposed Park Location: Address: (street. lot number, or closest intersection) . MAP AITACHED WITH PARK. SITE InGHLIGHTED Nearest County Maintained Park Facility: Name: Address: Distance from proposed park: PLEA,SE COMPLETE INFORMATION ON.REVERSE SIDE OF THIS SHEE Agenda Tt..... No. /0 " Parks and Recreatjon Department. 3300 Santa Barbaia Blvd. Naples, APPLICATION FOR NEIGHBORHOOD Pl&K OR TOT LOT Page 2 Location is Accessible by Willking and biking for the following number of children in the neighborhood: Numb=r of Homes in the Neighborhood: Size of the Property (Acreage): Property Available for Sale: a Sale Price (Within Budget): Zoning Requirements and Permits a. No Wetlands: b. Zoned Residential or Public Use Neighborhood Imput: a. Letter of support from Civic or Homeowners Association: (please attach) b. Adjacent landowners have sent letters of support (please attach) c. Fifty per cent (50%) plus one are in favor ofa park in their neighborhood: (please attach) d. Minutes of the neIghborhood meeting .showing support for the park: e. Neighborhood Association has a neighborhood watch or security program: (please attach) Funding: a A donation bas been secured: ~~~n1) I]:; 34116 MAR 1 1 2003 Pg. /; Parks and Recreation Department, 3300 Santa Barhara Blvd., Naples, F . -"~.:..i,;;,._...".,h~ EXECUTIVE SUMMARY RECOMMENDA TION THA T THE BOARD OF COUNTY COMMISSIONERS AGREE TO STAY PROCEEDINGS IN COLLIER COUNTY 11: MARSHALL, ET AI..., CASE NO. 99-2009-CA-TB, NOW PENDING TN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA IN VIEW OF EMINENT DOMAIN PROCEEDINGS TO BE COMMENCED BY THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FWRIDA. OBJECTIVE: For the Board to authorize a stay of proceedings in Collier County v. Marshall. et ai.. Case No. 99- 2009-CA-TB, now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida in view of eminent domain proceedings to be commenced by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. CONSIDERATIONS: In 1999. the County commenced a lawsuit for declaration of a prescriptive easement on behalf of the County and the general public over an unpaved road. known as Miller Boulevard Extension, running between U.S. 41 and Miller Boulevard in the Southern Golden Gate Estates/South Blocks area of Collier County. As of today. the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida owns all of the parcels over which Miller Boulevard Extension (approximately 1 IA miles in length) runs except for one parcel owned by the Miccosukee Indian Tribe. This acquisition of land in the Southern Golden Gates Estates area by the Board of Trustees is part of the Save Our EvergladeslEverglades Restoration Project being undertaken in the Southern Golden Gate Estates area of Collier County lying south of 1-75. The use of eminent domain to acquire all necessary remaining parcels for this project, including any roads or rights-of- way or dirt roads including but not limited to Miller Boulevard Extension, was authorized by the Governor and Cabinet sitting as the Board of Trustees on February 11, 2003. Accordingly, the Board of Trustees will be seeking to take Miller Boulevard Extension as well as other County roads in the Southern Golden Gate Estates area by eminent domain as ,- necessary. In this respect, the Board of Trustees has now recognized the County's claim of prescriptive rights over Miller Boulevard Extension without absolutely admitting those rights. Thus, it would be a waste of County resources to proceed forward in the prescriptive easement lawsuit, at least at this time. until eminent domain proceedings are concluded. Please note that the Office of the County Attorney is not recommending dismissal of the prescriptive easement lawsuit; rather, proceedings would be stayed and the County's rights and any potential defenses would simply be asserted within the context of the eminent domain proceedings. FISCAL IMPACT: By authorizing a stay of proceedings in the prescriptive easement lawsuit, the County will avoid the extensive use of resources of the Office of the County Attorney and staff to prepare and try the issues in that case. We estimate that trial would take at least three (3) days and would involve numerous witnesses. Further, the County would avoid the need to take out of state depositions, at least at this point in time. Moreover, even if the County were to prevail, it would still face the eminent domain proceedings. Finally, the County would avoid the possibility of losing the prescriptive easement lawsuit and having no rights over Miller Boulevard Extension. In that latter event, the Board of Trustees would have no requirement to proceed in eminent domain. at least for this particular road. because the County would have no property interest to condemn. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary . RECOMMENDATION: That the Board of County Commissioners authorize the Office of the County Attorney to enter into a motion to stay proceedings in the case of Collier County v. Marshall, et al.. Case No. 99-2009-CA-TB and to defend the County's interests in any eminent domain proceedings commenced by the Board of Trustees. ,- PREPARED ~Y/1 /1 I ( , / /J 4 '-- i / 1/ l.~ -.,' v If Michael W. Pettit, Assistant County Attorney ~ ~IEWE?Be ~ n ~~ __ --- David C. Weigel. ounty orney DATE: 2/27/L1 I I ~ / ,:; ~ / eJ I , AGENp~jJEtvt, NO. J:a.ca.L-J- MAR 1 1 2003 Pg. -1-__ DATE: EXECUTIVE SUMMARY ADOPT A RESOLUTION CREATING THE COLLIER COUNTY REVENUE COMMISSION, AN AD HOC ADVISORY BODY. OBJECTIVE: For the Board of County Commissioners to adopt the attached resolution thereby creating the Collier County Revenue Commission, an ad hoc advisory body, whose purpose is to explore alternative revenue sources for the County. CONSIDERA TIONS: On October 22, 2002, the Board of County Commissioners discussed creating an ad hoc advisory body, not unlike the Economic Advisory Council, in order to explore alternative revenue sources for the County. The concept was to engage a broad spectrum of community leaders and stakeholders in a process that identifies the County's various fiscal needs (e.g. infrastructure, services and cultural) and then explores alternatives, both public and private, for meeting these needs. The Revenue Commission will submit its written findings and recommendations annually to the Board of County Commissioners. The Revenue Commission shall initially consist of the following entities: (1) Airport Authority, (2) Black Affairs Advisory Board, (3) City of Everglades, (4) City of Marco Island, (5) City of Naples, (6) Collier Building Industry Association, (7) Conservancy of Southwest Florida, (8) East Naples Civic Association, (9) Economic Development Council, (10) Golden Gate Civic Association, (11) Golden Gate Estates Association, (12) Greater Naples Chamber of Commerce, (13) Hispanic Affairs Advisory Board, (14) Immokalee Civic Association, (15) Naples Area Hotel/Motel Association, (16) Naples Better Government Committee, (17) Productivity Committee, (18) Property Owners Association of North Collier County, and (19) United Arts Council. The Board of County Commissioners may freely add to or remove an entity from the above list by resolution. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. FISCAL IMPACT: None by the mere adoption of this Resolution. However, from time to time staff resources may be needed to assist the Revenue Commission. RECOMMENDA TION: That the Board of County Commissioners adopt the attached resolution thereby creating the Collier County Revenue Commission, an ad hoc advisory body to the Board of County Commissioners, whose purpose is to explore alternative revenue sources for the County. Reviewe~ by: /0 /-r ..-".../ )... ." J-:;-';,/ ~/ .. 0 _~- .--5/, /0~c ."L ,/ LeOE. Ochs, Jr. Deputy County Manager Date: ~ J~ (, -/ ~ /c: '3 Reviewed and Approved by: G2-:_~.~. Rarniro Mafialich Chief Assistant County Attorney Date: 3-J --0) ~ ...-. _._~,---. , '0'-: jB.Jb'o~ ~ MAR 1 1 lOO3 f ~(Q)~W '~;'...c: RESOLUfION NO. 2003-_ A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNfY COMMISSIONERS CREATING THE COLLIER COUNTY REVENUE COMMISSION. WHEREAS, on October 22, 2002, the Board of County Commissioners discussed creating an ad hoc advisory body, the Collier County Revenue Commission, to explore alternative revenue soun::es for meeting the County's numerous and varied needs; and WHEREAS, finding alternative revenue sources for the County serves a valid public purpose; and WHEREAS, Collier County Ordinance No. 2001-55 sets forth the requirements for creating advisory bodies, to include ad hoc advisory committees. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF C01J..IER COUNTY, FLORIDA, that: Pursuant to the provisions of Collier County Ordinance No. 2001-55, as it may be amended from time to time, or any successor ordinance, the Board of County Commissioners hereby creates the Collier County Revenue Commission (Commission) as an ad-hoc advisory committee. The Commission will expire three (3) years after its first meeting unless terminated earlier by the Board of County Commissioners. The Commission shall initially consist of nineteen (19) members. Each of the following organizations shall nominate one representative to serve on the Revenue Commission: 1. Airport Authority 2. Black Affairs Advisory Board 3. City of Everglades 4. City of Marco Island 5. City of Naples 6. Collier Building Industry Association 7. Conservancy of Southwest Florida 8. . East Naples Civic Association 9. Economic Development Council 10. Golden Gate Civic Association 12. Greater Naples Chamber of Commerce ~-7/i~'; --j MAR 11 2003 fA 11. Golden Gate Estates Association ---~---..-. 13. Hispanic Affairs Advisory Board 14. Immokalee Civic Association 15. Naples Area HoteVMotel Association 16. ,Naples Better Government Committee 17. Productivity Commin= 18. Property Owners Association of North Collier County 19. United Arts Council The Board of County Commissioners may freely add to or remove an entity from the above- mentioned list by resolution. Each Commission member shall serve a term of twelve (12) months, unless the Commission is terminated prior to the expiration of a full term. It shall be the responsibility of the originating board, committee, councilor association to maintain its representation on ~e Revenue Commission for the duration of the Commission. Any member of the Commission may be removed from office with or without cause by a majority vote by the Board of County Commissioners. If any member of the Commission is absent from two (2) or more consecutive meetings without a satisfactory excuse, such member's position may be declared vacant by the Board of County Commissioners as prescribed by Collier County Ordinance No. 2001-55. Members of the Commission shall elect by majority vote a Chairperson, a Vice-Chairperson and a Secretary. The presence of a majority of the voting members shall constitute a quorum. The Commission may adopt rules and procedures for the transaction of business and shall keep records of meetings, findings and determinations. The members of the Commission shall serve without compensation. The functions, powers and duties of the Commission shall be to: A Identify the infrastructure requirements, governmental service and community needs of Collier County. B. Explore both private and public revenue sources to meet these needs; and C. Submit written fmdings and recommendations annually to the Board of County Commissioners. This Commission is purely advisory and serves at the sole discretion of the Board of County Commissioners. All meetings shall be open to the public and shall be governed by the Florida Government in the Sunshine Law. 2 7C"~i~~8--t . MAR 1 1 2003 '. ~ - ___'4_.. _ _~... The Revenue Commission shall have the authority to make any necessary and reasonable requests of staff through the County Manager's Office. This Resolution shall become effective upon adoption by the Board of County Commissioners PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _ day of . 2003. A TrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: TOM HENNING, Chairman Approved as to form and legal sufficiency: ~ "-~-~ amiro Mafialich Chief Assistant County Attorney RM:PublidT11IIIRev. CDm.I Reoo. , ~ '. ~..- . \ ....., I~ !f:J tJJ\R 11 _ 1. "- ---l 3 .... EXECUTIVES~RY ADOPT A RESOLUTION IMPROVING THE EFFICIENCY OF LOCAL GOVERNMENT BY LIMITING UNDULY REPETITIOUS PUBLIC PETITIONS. OBJECTIVE: For the Board of County Commissioners to adopt the attached resolution, which improves the efficiency of local government by limiting unduly repetitious public petitions. CONSIDERATIONS: Speech on public issues and political matters lies at the heart of constitutionally protected speech. However, f. eedom of speech is not absolute and may be properly limited. When a governmental body, such as the Board of County Commissioners, affords the public an opportunity to address it, that body creates a "designated" public forum, which is less protected than a public forum. It has long been recognized by the courts that time, place and manner restrictions on speech in a public forum are permissible provided that (1) the restrictions are justified without reference to the content of the regulated speech, (2) they are narrowly tailored to serve a significant governmental interest, and (3) they leave open ample alternative channels for communication of the information. Courts have held that curtailing unduly repetitious speech is a content-neutral restriction on speech and that it promotes a significant governmental interest: advancing the local government's agenda and allowing others the opportunity to speak to their government. Ample alternative avenues of expression are available to communicate with members of the Board of County Commissioners. The attached resolution places reasonable limits on unduly repetitious public petitions, which unnecessarily delay and frustrate the governmental process. .'"--,., GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. FISCAL IMPACT: None. RECOMMENDATION: That the Board of County Commissioners adopt the attached resolution, which places reasonable limits on unduly repetitious public petitions, thereby improving the efficiency of local government. Reviewed by: . -/ / - - ./ .'':'' / ..- /./'.;/ - (' / / ~-,~;<...~/~. . ( Leo E. Ochs, Jr. Deputy County Manager Date: ~~:/____/:: l." .-. Reviewed and Approved by: C2~ -- " ~~ Ramiro Manalich ' Chief Assistant County Attorney Date:~ - ~ -oj __ _ ,r,.------- -. ~:. " RESOLUTION NO. 2003 -_ cg@~w A RESOLlITION OF THE COLLIER COUNTY BOARD OF COUNfY COMMISSIONERS IMPROVING THE EFFICIENCY OF LOCAL GOVERNMENT BY LIMITING UNDULY REPETITIOUS PUBUC PETITIONS. WHEREAS, speech on public issues and political matters lies at the heart of protected speech; and WHEREAS, freedom of speech is not absolute; and WHEREAS, when a governmental body affords the public an opportunity to address the body at its meeting, it creates a "designated public forum"; and WHEREAS, time, place and manner restrictions on speech in a "public forum" are permissible provided (1) the restrictions are justified without reference to the content of the regulated speech, (2) that they are narrowly tailored to serve a significant governmental interest, and (3) that they leave open ample alternative channels for communication of the information; and WHEREAS, curtailing unduly repetitious speech is a content-neutral restriction on speech; and WHEREAS, there is a significant governmental interest in conserving time and permitting others the opportunity to speak on issues before the Board of County Commissioners; and WHEREAS, ample alternative avenues of expression are available to communicate with members of the Board of County Commissioners; and WHEREAS, unduly repetitious public petitions before the Board of County Commissioners unnecessarily delay and frustrate the governmental process. NOW, TIlEREFORE, BE IT RESOLVED BY TIIE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The County Manager, or his or her deputy, shall have the authority, after thorough review and due consideration, to move unduly repetitious public petitions from the public petition' portion of the Board of County Commissioners (Board) meeting agenda to the public comments portion of the Board agenda. An unduly repetitious petition, for purposes of this Resolution, occurs when a speaker, who has already petitioned the Board on two prior occasions, attempts to 1 -~-::::'~i~J-i ..... ~. MAR 11 2003 ,d petition the Board of County Commissioners on the same subject matter within a six-month period. As used in this Resolution, the subject matter is the same when the issues raised, grievance, complaint, alleged harm or injury, or desired relief originate from the same core incident, situation, condition or set of facts. This policy in no way prevents speakers from speaking during the public comments portion of the Board agenda, except as may be limited by Collier County Resolution No. 98-167 and any successor resolution, or from writing or e-mailing commissioners, or from meeting individually with a commissioner. Nor does this Resolution limit speakers from speaking on an agenda item, provided that their comments are relevant and in accordance Section 2-37, Collier County Code of Laws and Ordinances. This Resolution adopted on this _ day of second and majority vote. , 2003, after motion, A TIEST: DWIGHT E. BROCK. Clerk BOARD OF COUNfY COMMISSIONERS COLLIER COUNfY, FLORIDA By: By: TOM HENNING, Chainnan Approved as to fonn and legal sufficiency: CA~~' .~1lZ~ae Ramiro Mafialich Chief Assistant County Attorney ~..~----~ "- -18.' ~ MAR . ~3 ~..... 2 :J ~ -.::....---._-,-_.._--~- EXECUTIVE SUMMARY RECOMMENDA TION THAT THE BOARD OF COUNTY COMMISSIONERS, IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 70.001(4)(c), FLA. STAT., ("BERT J. HARRIS, JR., PRIVATE PROPERTY RIGHTS PROTECTION ACT"), CONSIDER WRITTEN SETTLEMENT OFFER OPTIONS FOR BERT HARRIS ACT CLAIM OF AQUAPORT, L.C., NORMAN BURKE AND JIM ALLEN. OBJECTIVE: For the Board of County Commissioners, in accordance with the requirements of Section 70.001(4)(c), Fla. Stat., ("Bert J. Harris, Jr., Private Property Rights Protection Act"), to consider written settlement offer options for Bert Harris Act claim of Aquaport, L.C., Norman Burke and Jim Allen. CONSIDERATIONS: In June 20m, the Board of County Commissioners amended the Land Development Code to delete the Floor Area Ratio method of calculating density/intensity of hotel developments in the Residential Tourist Zoning District. Aquaport, L.c., Norman Burke and Jim Allen, the alleged owners of alleged rights in real property located at Lots 50 and 51, Block D of the Resubdivision of part of Connor's Vanderbilt Beach Estates, Unit No. I, according to the plat thereof recorded in Plat Book 3, Page 18 of the Public Records of Collier County, Florida, have asserted what is known as a Bert J. Harris, Jr., Private Property Rights Protection Act claim against the County as a result of the Board's previous decision to delete the Floor Area Ratio method of calculating density/intensity of hotel developments in the Residential Tourist Zoning District. These entities are claiming alleged damages of at least 2.5 million dollars or more. ,,- Under the Bert J. Harris, Jr., Private Property Rights Protection Act, Section 70.001(4)(c), Fla. Stat., a local government is required to make a written settlement offer when it receives a claim under the Act. There are several options in this regard. First, the Board could decide not to alter the original decision to amend the Land Development Code to delete the Floor Area Ratio methodology because, among other things, it could lead to development inconsistent with the County's Growth Management Plan. Second, the Board could offer some monetary compromise. Additional options are identified in the language of Section 70.001(4)(c), Fla. Stat., in the Bert Harris Act, a copy of which is attached. FISCAL IMPACT: If the Board chooses not to settle and stands by its original action of deleting the Floor Area Ratio method of density/intensity calculations from the Land Development Code, litigation will likely ensue with all of the attendant risks of costs of defense and an adverse outcome. At this time, it is the position of the Office of the County Attorney that these risks and costs are subject to coverage under our excess insurance policies. This position has been disputed by our excess insurance carriers. If the Office of the County Attorney is correct, the costs and expenses within the limits of the applicable excess insurance policies will be borne from the County's Risk and Property Casualty Fund No. 5164, GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: It is recommended that the Board of County Commissioners choose an option for the written settlement offer required by Section 70.001(4)(c), Fla. Stat., and authorize the Office of the County Attorney to prepare this written offer and forward it to counsel for the alleged plaintiffs in the alleged Bert J. Harris, Jr., Private Property Rights Protection Act claim. ,.........., PRE~~, :~/~ Michael W. Pettit, Assistant County Attorney APPtlOVEDBY: ~'^- , ~ David C. Weigel, County Attorn AGENDA ITEM", NO, lc;1.Q;$L(-+. MAR 1 1 :003 DA Pg.-1 _7/0/'o} I / v11/03 I f ~ . F.s. 2002 ~ RELIEF FROM BURDENS ON REAL PROPERTY RIGHTS Ch.70 ........ ! :1 i. 'll IS :d y, :0 at CHAPTER 70 RELIEF FROM BURDENS ON REAL PROPERTY RIGHTS - 70.001 Private property rights protection. (d) The term -action. of a governmental entity" 70.20 Balancing of interests. means a specific action of a governmental entity which 70.51 Land use and environmental dispute resolu- affects ~al property, including action on an application ticn. orpennL 70.80 Construction of ss. 70.001 and 70.51. (e) . The tenns "inordinate burden- or "anordinately .. . burdened' mean that an action of one or more govern- 70.001 Private property rights protection.- mental entities has directly restricted or limited the use (1) This act may be cited as the -Bert J. Harris, Jr., of real property such that the property owner is perma- priVate Property Rights Protection Act. - The Legisla- nently unable to attain the reasonable, investment- lUre recognizes that some laws, regulations, and Oral- backed expectation for the existing use of the real prop- nances of the state and political entities in the state, as erty or a vested right to a specific use of the real prop- applied. may inordinately burden, restrict, or limit pri- erty with respect to the real property as a whole, or that vate property rights without amounting to a taking the property owner is left with existing or vested uses under the State Constitution or the United States Corr...... that are unreasonable such that the property owner stitution. The Legislature determines that there is an bears permanently a disproportionate share of a bur- important state interest in protecting the interests of pO- den imposed for the good of the public, which in fair- vate property owners from such inordinate burdens. ness should be borne by the public at large. The terms Therefore. it is the intent of the Legislature that, as a -inordinate burden- or -inordinately burdened" do not separate and distinct cause of action from the law of include temporary impacts to real property: impacts to takings, lhe Legislature herein provides for relief, or real property occasioned by governmental abatement, payment of compensation, when a new law, rule, regu- prohibition, prevention, or rem.ediation of a public nui- lalion, or ordinance of the stale or a political entity in the sance a.t common law or a noxIous use of private prop- stale, as applied, unfairly affects real property. erty: or Impacts to real property caused by an action of (2) W.hen a specific action of a governmental entity a governmental. entity .taken to grant relief to a property has Inordinately burdened an existing use of real prop- owner under thIS sectIon. erty or a vested right to a specific use of real property (f) The term ..property owner" means the person the property owner of that real property is entitled t~ who holds leg~1 title to the real property at Issue. The .relief, which may include compensation for the actual term does not Include a governmental entity. loss to the fair mar1<et value of the real property caused . (g) The term -real propertx- means land and by the action of government, as provided in this section. Inclu~es an.y appurtenances and Improvements to the (3) For purposes of this section: land, Including any other relevant real property in which ,(a) The existence of a "vested righr is to be deter- the property owner had a relevant ~nteres~ . mined by applying the principles of equitable eStoppel (4) (a) . Not le~ than ~ 80 days pnor to filing an ~ction or substantive due process under the common law or under thIS sectIon against a governmental entity, a by applying the statutory law of this state. . pro~erty. owner who seeks. co!,"pe~~ation under this (b) The term -existing use- means an actual pres- section must present.the claIm In writing to the head of enl usl7 or ~ctivity on the real property. including peri- th~ govemm~ntal en~. The property o~r must s~b- ods of Inactivity which are normally associated with or mlt, along with the claIm, a bona fide, valid appralS8l are incidental to, the nature or type of use or activitY or th!lt supports the claim and demonstrates the I,?ss in such reasonably foreseeable, nonspeculative land faIr market v~ue to the r~al p.roperty. If the action of uses which are suitable for the subject real property, ~overnment IS the culmmatlon of a pro.cess t~at and compatible with adjacent land uses and which. inVolves more than one governmental entity, or If a have created an existing fair mar1<et value In the p : complete resolution of ~II releva!'t issues, in the view of erty greater than the fair mar1<et value of the acturo:i the property owner or 10 the VI8W of a governmental present use or activity on the real property ,. ent~ .to ~om a claim is presented, requires the, active (c) The term -governmental entity'" I~cl de . participation of more than one gov~mental ent!lY, ~ agency of the state a ional U s an property owner shaD present the c181m as proVIded In created by the Stat~ co~~~~ blocal govfmment' this section to each of the governmental entitles. cia! act, an coun . . y genera or 5P.8'"' (b) The governmental entity shall provide written that inderlndentJi :~e:~r:~r:n~~~~~~ no~ of the c1~ to all parti~ to any administrative !he term. does not include the United States or an ~f: actIOn that ga~ nse to the claIm, and to owners of real its agenCIes or an agency of th stat . aI Y property contiguous to the owner's property at the local gove~ment c e e, a reQIOO. or a addresses listed on the most recent county tax roUs. by general or . reated by the State Constitution or Within 15 days after the claim being presented, the any other en ~~al ~ct, any county or ~nicipallty, or governmental entity shall report the claim in writing to lTIental autho% ~ Indepen~!ltly exel'ClS8S govem- the Department of Legal Affairs, and shaD provide the United States or' w en ~xel'Clsm~ the powers of the department with the name. address, and t one . delegation of f ;-ny of. its ~gencles through a formal number of the employee of the governme al e ra authority. from whom additional informaticm may be t~ 731 NDAtMM '" J~- ~ --. MA~ 1 1 2003 !T, ). 3T 11 11, :- ). 1e :!l IS )- at 'I- )r Ie 11' Jl :h :h if ~ A... co. 70 REUEF FROM BURDENS ON REAL PROPERTY RIGHTS F.S.2002 T F.s. 2002 ~ \ about the claim during the pendency of the claim and mental entity to issue a written ripeness decision during ing the settlement any subsequent jucflCial action. the 18o-day-notice period shall be deemed to ripen the sion has restrictec ..(c) During the 1BO-day-notice period, unless prior action of the govemmental entity, and shall oper. compensation sh. extended bY agreement of the parties, the governmen- ate as a ripeness decision that has been rejected by the judgment interest tal entity shall make a written settlement offer to effec- property owner. The ripeness decision, as a matter of ented to the gaver tuate: law, constitutes the last prerequisite to judicial review, in subsection (4). 1. An adjustment of land development or permit and the matter shall be deemed ripe or finalfor the pur- (c)1. In any standards or other provisions controlling the develop- poses of the judicial proceeding created by this section, the property own ment or use of land notw:ithstanding the availabirrty of other administrative costs and attOrrl8\ 2. Increases or modifications in the density, Inten- . remedies. from the govern" sity, or use of areas of development. . . -(b) . If the property owner rejects the settlement offer their proportionat1 3. . The transfer of developmental rights. and the ripeness decision of the governmental entity or from the date of th 4. Land swaps or exchanges. entities, the property owner may file a claim for com- property owner ~ 5. Mitigation, including payments in lieu of onsite pensation in the circuit court, a copy of which shall be determines that tt; mitigation. served contemporaneously on the head of each of the ness decision, of t 6. Location on the least sensitive portion of the governmental entities that made a settlement offer and not conslitlJte a b property. a ripeness decision that was rejected by the property which reasonabl 7. Conditioning the amount of development or use owner..Actions under this section shall be brought only based upon the : permitted. in the county where the real property is located. mental entity or el 8. A requirement that issues be addressed on a (6)(a) The circuit court shall determine whether an the 1 Bo-day-notic' more comprehensive basis than a single proposed use existing u~of the real property or a vested right to a 2. In any acti or development specifIC use of the real property existed and, if so, governmental ent 9. Issuance of the development order, a variance, whether, considering the settlement offer and ripeness reasonable costs special exception, or other extraordinary relief. decision, the govemmental entity or entities have inor- governmental enti 10. Purchase of the real property, or an interest dinately burdened the real property. If the actions of of the circuit courl therein, by an appropriate govemmental entity. more than one governmental entity, considering any entities prevail in 1 1. No changes to the action of the govemmental settlement offers and ripeness decisions, are responsi- that the property ( entity. ble for the action that imposed the inordinate burden on tlement offer, inc the real property of the property owner, the court shall reasonably would If the property owner accepts the settlement offer, the determine the percentage of responsibility each such property owner governmental entity may implement the settlement govemmental entity bears with respect to the inordi- accepted t 1 offer by appropriate development agreement; by issu- nate burden. A governmental entity may take an inter- knowledge i:.. ~ ing a variance, special exception, or other extraordi- locutory appeal of the court's determination that the ties and the propt nary relief; or by other appropriate method, subject to action of the governmental entity has resulted in an period. paragraph (d). inordinate burden. An interlocutory appeal does not 3. The detem (d) 1. Whenever a governmental entity enters into automatically stay the proceedings; however, the court attomey fees pUr! a settlement agreement under this section which would may stay the proceedings during the pendency of the by the court and I have the effect of a modification, variance, or a special interlocutory appeal. If the governmental entity does ment offer or any exception to the appfication of a rule, regulation, or ordi- not prevail in the interlocutory appeal, the court shall for the final writte nance as it would otherwise apply to the subject real award to the prevailing property owner the costs and a ripeness decision, property, the relief granted shall protect the public inter- reasonable attorney fee incurred by the property owner regard to the fom est served by the regulations at issue and be the appro- in the interlocutory appeal. or the ripeness de priate relief necessary to prevent the governmental (b) Following its determination of the percentage of quent proceeding regulatory effort from inordinately burder)ing the real responsibility of each govemmental entity, and follow- the purposes of property. ing the resolution of any interlocutory appeal, the court paragraph. 2. Whenever a governmental entity enters into a shall impanel a jury to determine the total amount of (d) Within 15 c settlement agreement under this section which would coinpenS8tion to the property owner for the loss in ment pursuant to have the effect of contravening the application of a stat- value due to the inordinate burden to the real property. judgment pursuaJ ute as it would otherwise apply to the subject real prop- The award of compensation shall be determined by caI- entity shall provic erty, the govemmental entity and the property owner culaling the difference in the fair market value of the ment to the Depa: shall jointly file an action in the circuit court where the real property, as it existed at the time of the govern- (7)(a) The cin real property is bcated for approval d the settlement mental action at issue, as though the oWner had the essary to effectua agreement by the court to ensure that the relief granted ability to attain the reasonable investment-backed make final detenr protects the public interest served by the .statute at expectation or was not left with uses that are unreason- under this section iSSue and Is the appropriate relief necessary to prevent able. whichever the case may be, and the fair . market (b) An award the govemmental' regulatory effort from inordinately value of the real property, as it existed at the time of the ant to this section burdening the real property.' . govemmental action at issUe, as inordina~ety bur- any govemmerm (5)(a) During the 1Bo-day-notice period unfess a dened. considering the settlement offer together with paid the right, title, settlement offer is accepted by the property owner, the ripeneSS decision. of the govemmental entity or the compensaticx each of the governmental entities provided notice pur_ entities. In determining the award of ',' transfer; sua!'1. to ~rag~ (4)(a) shan issue a written ripeness consideration may not be given to busi ss cIl~A. lli~ so~~, otherwiSl dec~on identifying the anowable uses to which the relative to any development, activity, or e dl jlJe ,~~ntity. e~ thqr subject property may be put. The failure of the govern- action of the governmental entity or entiti s, consider- '" court s all c 732 MAR 1 1 ,-003 3' P.~. F.S. 2002 '- REUEF FROM BURDENS ON REAL PROPERTY RIGHTS Ch.70 ing the settlement offer together with the ripeness deci- sion has restricted. limited, or prohibited. The award of compensation shaD include ~ reasonable award of pre- judgment interest from the date the claim was pres- ented to the governmental entity or entities as provided in subsection (4). (c)l. In any action filed pursuant to this section. . the property owner is entitled to recover reasonable costs and attorney fees incurred by the property owner, from the governmental entity or-~, acconIng to their proportionate share as determined by the court, . from the date of the firmg of the circuit court action, if the .. . property owner prevails in the action and the court detennines that the settlement offer, including the ripe- ness decision, of the govemmental entity or entities did not constiMe a bona fide offer to the property owner which reasonably would have resolved the claim, based upon the knowledge aVailable to the govern- mental entity or entities and the property owner during the 1SD-day-notice period. 2. In any action filed pursuant to this section, the govemmental entity or entities are entitled to recover reasonable costs and attomey fees incurred by the govemmental entity or entities from the date of the filing of the circuit court action, if the governmental entity or entities prevail in the action and the court detennines that the property owner did not accept a bona fide set- . Ilement offer, including the ripeness decision, which reasonably would have resolved the claim fairly to the property owner if the settlement offer had been -~ accepted by the property owner, based upon the ~nowledge available to the governmental entity or enti- ties and the property owner during the 1So-day-notice - period. 3. The determination of total reasonable costs and attomey fees pursuant to this paragraph shall be made by the court and not by the jury. Any proposed settle- ment offer or any proposed ripeness decision. except for the final written settlement offer or the final written ripeness decision, and any negotiations or rejections in regard to the formulation either of the settlement offer or the ripeness decision, are inadmissible in the subse- quent proceeding established by this section except for the purposes of the determination pursuant to this paragraph. (d) Within 15 days after the execution of any settle- ment pursuant to this section, or the issuance of any judgment pursuant to this section, the governmental entity shall provide a copy of the settlement or judg- ment to the Department of Legal Affairs. (7)(a) The circuit court may enter any orders nec- essary to effectuate the purposes of this section and to make final determinations to effectuate relief available under this section. (b) An award or payment of compensation pursu- ant to this section shall operate to grant to and vest in any govemmental entity by whom compensation is paid the right. title, and interest In rights of use for which the compensation has been paid, which rights may become transferable development rights to be held, SOld, or otherwise cfrsposed of by the govemmental entity. When there is an award of compensation, the COurt shall determine the form and the recipient of the ~ right, title, and interest, as well as the terms of their acquisition. (8) This section does not supplant. methods agreed to by the parties and lawfully available for arbitration, meciation, or other forms of alternative cflSpute resolu- tion. and governmental entities are encouraged to uti- lize such methods to augment or facilitate the pro- cesses and actions contemplated by this section. (9) This section provides a cause of action for gov- emmental actions that may not rise to the level of a tak- ing under the State Constitution or the United States 'COnstitution. This section may not necessariy be c0n- strued under the case law regarding takings if the gov- emmental action does not rise to the level of a taking. The provisions of this section are cumulative, and do not abrogate any other remedy lawfully available. inclUdig: ny remedy lawfully avanable for governmen- tal ac . that rise to the level of a taking. However, a govern ntal entity shall not be liable for compensa- tion for an action of a govemmental entity applicable to, or for the loss in value to. a subject real property more than once. (10) This section does not apply to any actions taken by a govemmental entity which relate to the operation. maintenance, or expansion of transportation facilities, and this section does not affect existing law regarding eminent domain relating to transportation. (11) A cause of action may not be commenced under this section if the claim is presented more than 1 year after a law or regulation is first applied by the gov- ernmental entity to the property at issue. If an owner seeks relief from the govemmental action through law- fully available administrative or judicial proceedings, the time for bringing an action under this section is tolled until the conclusion of such proceedings. (12) No cause of action exists under this section as to the application of any law enacted on or before May 11, 1995, or as to the application of any rule, regulation, or ordinance adopted, or formally noticed for adoption, on or before that date. A subsequent amendment to any such law, rule, regulation, or ordinance gives rise to a cause of action under this section only to the extent that the application of the amendatory language imposes an inordinate burden apart from the law, rute, regulation. or ordinance being amended. (13) This section does not affect the sovereign immunity of aovemment. tIIetory....... 1. Ch. ..,.,. 70.20 Balancing of Interests.-It is a poley of this state to encourage municipanties. counties. and dher governmental entities and sign ownerS to enter into relocation and reconstruction agreements that allow govemmental entities to undertake pubflc projed8 and accomplish public goals without the expenditure of public funds while aHowIng the continued maintenance. of private investment in signage as a medium 01 com- mercial8nd noncornmen:iBI camnu'IicaIion. (1) Municip8lties, CCU1Iies, and aI oIher mental entities are specificaHy empowered to enter in . relocation and reconstruction agreements on whaleve terms are agreeable to the sign owner and the mun' . pa/ity, county, or other govemmental entity in 733 i- I ! ; I , AGE~~ NO.[~ MAR 1 1/ I Pg.-YJ EXECUTIVE SUMMARY CODE ENFORCEMENT LIEN RESOLUTION APPROVALS OBJECTIVE: For the Board of County Commissioners to adopt separate Resolutions assessing separate liens against certain parcels identified in the Resolutions in order to recover public funds expended to affect the abatement of public nuisances at such locations, all as provided for in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the Collier County Litter, Weed and Exotics Control Ordinance. CONSIDERA TIONS: Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, mandates the Board to impose a lien against property when an invoice to recover public funds expended to affect the abatement of a public nuisance is not paid at the expiration of twenty (20) days of the date of the notice. The following property owner's have not remitted the invoiced amount~. I Case No. Owner of Record Case Summary Lien Amount . " a. Violation detennined 09/16/02 b.Notice of Violation served undeli verable 2002090437 Carroll, Mark T. & Midori M. c.Notice of Violation Posted 10/07/02 $255.00 d.Unabated nuisance verified 10/21/02 e.Nuisance abated with public funds 10/24/02 f.Owner invoiced for costs 10/31/02 a.Violation detennined 09/10/02 b.Notice of Violation served no green card 2002090205 Caspian Builders, LLC c.Notice of Violation Posted 10/18/02 $420.00 d.Unabated nuisance verified 10/30/02 e.Nuisance abated with public funds 11/19/02 f.Owner invoiced for costs 11/21/02 a.Violation detennined 09/23/02 b.Notice of Violation served uncIai med 2002090653 Fernandez, Mariam c.Notice of Violation Posted 10/15/02 $255.00 d.Unabated nuisance verified 10/28/02 e.Nuisance abated with public funds 11/12/02 f.Owner invoiced for costs 11/26/02 3~\ MAR 1 1 2003 PI. I ,.....-....." a. Violation determined 09/16/02 b.Notice of Violation served nla 2002090411 Hirshhom, Olga & c.Notice of Violation Posted 09/17/02 $625.00 Schessler, Thomas G. d.Unabated nuisance verified 09/27/02 e.Nuisance abated with public funds 10/07/02 f.Owner invoiced for costs 11/04/02 a.Violation determined 07/01/02 b.Notice of Violation served no green card 2002070053 Reno, Mildred A. c.Notice of Violation Posted 08/06/02 $255.00 d.Unabated nuisance verified 08/16/02 e.Nuisance abated with public funds 08/22/02 f.Owner invoiced for costs 08/28/02 a. Violation determined 07/20/01 b.Notice of Violation served 07/27/01 2001070960 Reno, Mildred A. c.Notice of Violation Posted n/a $255.00 d.Unabated nuisance verified 08/15/01 e.Nuisance abated with public funds 08/21/01 f.Owner invoiced for costs 09/06/01 Upon the Board's adoption of the Resolutions, copies of such and the Legal Notices of Assessment will be mailed to the respective property owners. If the property owners fail to pay the amounts specified in the respective Resolutions within twenty (20) days hereof, the Clerk to the Board will record the Resolutions in the official records of the County. FISCAL IMPACT: A total reimbursement of $2.065.00 may be anticipated by voluntary action or foreclosure. The only expense projected to be incurred by the County is the cost of recording the Liens, which is estimated to be approximately $12.50 per lien, totaling $75.00, which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request wi)) have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolutions. ~ir\ MAR 1 1 2003 PI. 2- - PREPARED BY: c...... Iliana Martinez, Customer Service Speciali t Code Enforcement REVIEWED BY: ~e~~o;3o~;M:nager Code Enforcement SUBMITTED BY: (~ldif ~ i Michelle Edwards Arnold, Director Code Enforcement APPROVED BY: /Jo eph K. Schmi , Administrator l!ommunitY Development & Environmental Services - DATE: ~ \ ~ \ \ 0 3 DATE: DATE: Z/ Er { / (j 3 I I 2-..,z) - 103 DATE: .2/20'1 I~ AGENlA IttM No.J C; A \ MAR 1 1 2003 p,.3 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN CARROLL, MARK T. & MIDORI M. PSC 78 BOX 2974 APO, AP 96326 DATE: REF. INV.# 2225 FOLIO #: 68300003723 LIEN NUMBER: LEGAL DESCRIPTION: Lot 87, Port of the Islands, Phase Two, according to the map or plat thereof, recorded in Plat book 21, pages 1 through 4, 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 87, and constituted a violation of county regulations on October 21, 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: ACCUMULA TION 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 FIITY.FlVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MA Y RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. AGEN>A Li No.J&A MAR 1 1 2003 pc. + ~ F: LIENS! MSTR LNAL I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. 2003-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal. valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than 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 87, 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: 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 NAME: CARROLL, !\lARK T. & l\lIDORI M. LEGAL DESCRIPTION: Lot 87, Port of the Islands, Phase Two, according to the map or plat thereof, recorded in Plat book 21, pages 1 through 4, public records of Collier County, Florida. FOLIO #: 68300003723 REFERENCE#: 2225 COST: $255.00 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along with (he Notice of Assessment of Lien to (he owner(s) of the above-described property. If within twenty (20) days of (he 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 _ day of , 2003. A TrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B~ B~ Deputy Clerk Tom Henning. Chainnan Approved as to fonn and legal sufficiency: V~~~ Thomas C. Palmer, Assistant County Attorney :j'&ir \ MAR 1 1 2003 Pi. 5 F: L1ENI MSTR RESOLUTION BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTl\fENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN CASPIAN BUILDERS PO BOX 8786 NAPLES, FL 34108 DATE: REF. INV.# 2231 FOLIO #: 62414480005 LIEN NUMBER: LEGAL DESCRIPTION: Lot(s) 35 and 36, Block 7, Unit No.1, NAPLES PARK, according to the plat in plat book 1, Page 106, 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(s) 35 & 36, and constituted a violation of county regulations on October 30, 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. LITTER: PROHIBITED DUMPING, ACCUl\IULA TION, STORAGE OR BURIAL OF LITTER, WASTE OR ABANDONED PROPERTY. You ha\'e failed to timely abate such nuisance; whereupon. it was abated by the expenditure of public funds at a direct cost of TWO-HUNDRED TWENTY ($220.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of FOUR-HUNDRED TWENTY ($420.00) 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 PA Y THE AMOUNT SPECIFIED IN THIS NOTICE MA Y RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. AGEN:>A IltM No. J&A L MAR 1 1 2003 pt. 0 F: UENSI MSTR LNAL I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RESOLUTION NO. 2003-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than 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(s) 35 & 36, 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: 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 NAME: CASPIAN BUILDERS, LLC LEGAL DESCRIPTION: Lot(s) 35 and 36, Block 7, Unit No.1, NAPLES PARK, according to the plat in plat book 1, Page 106, public records of Collier County, Florida. FOLIO #: 62414480005 REFERENCE#: 2231 COST: $420.00 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 _ day of , 2003. A TrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COllIER COUNTY, FLORIDA B~ B~ Deputy Clerk Approved as to form and legal sufficiency: f ~ Thomas C. :;[bistant County Attorney Tom Henning, Chairman ~ MAR 1 1 2003 Pc. '7 - F: LIEN! MSTR RESOLUTION BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN FERNANDEZ, MARIAM 434 SPINNAKER DR MARCO ISLAND, FL 34145 DATE: REF.INV.# 2234 FOLIO #: 62097200000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 1, Block 9, NAPLES MANOR ADDITION, a subdivision according to the map or plat thereof recorded in Plat Book 3, at page(s) 67 and 68, 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 I, and constituted a violation of county regulations on October 28, 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 MA Y RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. AGEN)A ITEM No.JuA \ MAR 1 1 2003 PC. B F: LIENS! MSTR LNAL RESOLUTION NO. 2003-_ 2 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 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2L 22 B 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 4L 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 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 1. 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: NAl\IE: FERNANDEZ, MARIAM LEGAL DESCRIPTION: Lot I, Block 9, NAPLES MANOR ADDITION, a subdi\-'ision according to the map or plat thereof recorded in Plat Book 3, at page(s) 67 and 68, of the public records of Collier County, Florida. FOLIO #: 62097200000 REFERENCE#: 2234 COST: $255.00 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along with the Kotice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (10) 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 _ day of . 2003. ATIEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BY: BY: Deputy Clerk Tom Henning. Chainnan AGfX)A I1'EM No.J(~11 \ MAR 1 1 2003 pe. cr F: LIENI MSTR RESOumoN BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN HIRSHHORN, OLGA & SCHESSLER, THOMAS G 600 ADMIRALTY PARADE NAPLES, FL 34102 DATE: REF.INV.# 2223 FOLIO #: 00738160005 LIEN NUMBER: LEGAL DESCRIPTION: Beginning at the Southeast corner of Section t2, Township 51 South, Range 26 East, Collier County, Florida, thence S 0000' 00" 335.26 feet to a point in the North Right-of-way line of Highway 41; thence N 54" 36' 00" W 1672.10 feet along the North Right-of- way line of Highway 41 to a concrete monument and the true place of beginning of the parcel herein described; thence continuing N 540 36' 00" W along the North Right-of-Way line of Highway 41 to a point in the East Right-of-way of Joseph Lane a distance of 802.80 feet; thence N 00 34' E along the East Right.of-way of Joseph Lane a distance of 456.85 feet; thence S 540 36' E a distance of 163.54 feet; thence S 89056' 30" E a distance of 43.22 feet; thence S 54036' E a distance of 583.05 feet; thence S 00 13' 30" W a distance of 489.36 feet to the true place of beginning of the parcel herein described. 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 and constituted a violation of county regulations on September 27, 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 FOUR-HUNDRED TWENTY-FIVE ($425.00) - DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of SIX- HUNDRED TWENTY-FIVE ($625.00) 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 PA Y THE AMOUNT SPECIFIED IN THIS NOTICE MA Y RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUN Y. AGEt<<>A rttM No. I &A L MAR 1 1 2003 ,..16 F: LIENS! MSTR LNAL 2 3 4 5 6 7 8 9 10 II 12 l3 14 15 16 17 18 19 20 21 22 23 24 RESOLUTION NO. 2003-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51. AS SUCCESSOR TO ORDINANCE No. 91-47. AS AMENDED WHEREAS. as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47. as amended. the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS. the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS. such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS. the assessment shall become due and payable no later than 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. F1...0RIDA. that 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: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 ~ H1RSHHORN, OLGA & SCHESSLER, THOl\IAS G. LEGAL DESCRIPTION: Beginning at the Southeast corner of Section 12, Township 51 South, Range 26 East, Collier County, Florida, thence S 00 00' 00" 335.26 feet to a point in the North Right-of-way line of Highwa~' 41; thence N 54036' 00" W 1672.10 feet along the North Right-of-way line of Highway 41 to a concrete monument and the true place of beginning of the parcel herein described; thence continuing N 54036' 00" W along the North Right-of-Way line of Highway 41 to a point in the East Right-of-way of Joseph Lane a distance of 802.80 feet; thence N 00 34' E along the East Right-of-way of Joseph Lane a distance of 456.85 feet; thence S 54036' E a distance of 163.54 feet; thence S 890 56' 30" E a distance of 43.22 feet; thence S 54036' E a distance of 583.05 feet; thence S 00 13' 30" W a distance of 489.36 feet to the true place of beginning of the parcel herein described. fOLIO #: #: 00738160005 REFERENCE#: 2223 ~ $625.00 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 _ day of . 2003. A TIEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BY: B~ Deputy Clerk Tom Henning. Chairman Approved as to form and legalS~ ~~v , Thomas C. Palmer. AsSistant County Attorney AGENDA ITEM No. 'CoR \ MAR 1 1 2003 P&.--1.L- F: L1ENI MSTR RESOLlTI1ON BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN RENO, MILDRED A. 48 CORYDON DR MIAMI SPRINGS, FL 33166 REF. INV.# 2175 DATE: FOLIO # 62766640001 LIEN NUMBER: LEGAL DESCRIPTION: Lot 33, Block 58, of NAPLES PARK SUBDIVISION UNIT NO.5, according to the plat thereof, recorded in Plat Book 3, at Page 14, 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 33, and constituted a violation of county regulations on August 16, 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: ACCUl\IULA TION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGRO\VTH IN EXCESS OF 18" 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 TIMEL Y PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS! MS"ffi LNAL AGENlAtl1 No.JCtI MAR 1 1 2003 p,. 12 I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 L8 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 RESOLlITION NO. 2003-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47. AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County. shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners. together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than 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. 1\OW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) 33 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: RENO, MILDRED A. LEGAL DESCRIPTION: Lot 33, Block 58, of NAPLES PARK SUBDIVISION UNIT NO.5, according to the plat thereof, recorded in Plat Book 3, at Page 14, of the Public Records of Collier County, Florida. FOLIO #: 62766640001 REFERENCE#: 2175 COST: $255.00 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 _ day of , 2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BY: BY: Deputy Clerk Tom Henning, Chairman Approved as to form and legal sufficiency: ~ db-? Thomas C. almer, ASSistant County Attorney "GEN)A ITEM NG.-!-fa1Ll MAR 1 1 2003 p,. G F: L1ENI MSlll. RESOumON BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN RENO, MILDRED A. 48 CORYDON DR MIAMI SPRINGS, FL 33166 DATE: REF. INV.# 1940 FOLIO # 62766640001 LIEN NUMBER: LEGAL DESCRIPTION: Lot 33, Block 58, of NAPLES PARK SUBDIVISION UNIT NO.5, according to the plat thereof, recorded in Plat Book 3, at Page 14, 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 33. and constituted a violation of county regulations on August 15, 2001 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: ACCUMULA TION OF WEEDS, GRASS, OR OTHER NON. PROTECTED OVERGROWTH IN EXCESS OF 18" 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 MA Y RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. AGENDA ITEM NG.J&A l MAR 1 1 2003 p.. )f P: LIENS! MSTR LNAL I 2 3 4 5 6 7 8 9 10 11 12 13 t4 15 16 11 18 19 20 2t 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 RESOLlITION NO. 2003-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51. AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS. as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than 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(s) 33 of the property described as follows, having been abated of a publie 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: NAl\'IE: RENO, MILDRED A. LEGAL DESCRIPTION: Lot 33, Block 58, of NAPLES PARK SUBDIVISION UNIT 1'0. 5, according to the plat thereof, recorded in Plat Book 3, at Page 14, of the Public Records of Collier Count)', Florida. FOLIO #: 62766640001 REFERENCE#: 1940 COST: $255.00 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 _ day of .2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Tom Henning, Chairman Approved as to form and legal sufficiency: ~~ Thomas C. Palmer, Assistant County Attorney AGENJA ITEM No. I (t:A \ MAR 1 1 2003 l5 pc. F: LIEN! MSlll. RESOLUTION .- .._~< ? -~". - ".~..--.,,--....._.. .... ..' "":'q~w.-""-'.' .-. EXECUTIVE SUMMARY APPROVE A LEASE AGREEMENT WITH C.P.O.C. REALTY, AN ILLINOIS LIMITED LIABILITY COMPANY, FOR OFFICE SPACE TO BE UTILIZED BY THE TOURISM DEVELOPMENT DEPARTMENT AT A FIRST YEAR'S COST OF $37,067.34. OBJECTIVE: Approve a Lease Agreement with C.P.O.c. Realty, an Illinois Limited Liability Company (CPOC), for office space for the newly formed Collier County Tourism Development Department. CONSIDERA TIONS: The Tourism Development Department (TDD) was formed in December 2002 and its Director, Jack Wert, is being housed temporarily in space belonging to another work group. The TDD will have its full complement of staff of three within the next 30 days and now requires permanent office accommodations. Staff has reached an agreement with CPOC to lease 1,698 square feet of space adjacent to the Community Development & Environmental Services (CDES) Operations Department offices located at 3050 North Horseshoe Drive. The initial lease term is for three years with the County having the option to renew for one additional year. The first year's annual rent will be $30,207.42 and will increase annually thereafter by four percent. The County will also be responsible for Common Area Maintenance (CAM) fees. The first year the CAM fees will be $6,859.92 and thereafter will increase by any actual increase in CAM cost realized by CPOc. Payment of electricity, telephone and janitorial service are also the responsibility of the County. The rental rate is consistent with market rent for the area. CPOC has agreed to reconfigure and construct the office to the County's specifications. CPOC will pay for all of the improvements, including creating a connecting doorway between the TDD's and CDES Operations Department's offices. While these improvements are being provided at no cost to the County, should the County elect to not renew the lease following the initial three-year term and remain at the leased premises for an additional three (3) years, the County will be required to pay CPOC a pre-determined prorated share of the construction costs in the amount of $5,500 as reimbursement for the improvements. The Office of the County Attorney has reviewed and approved the attached Lease for legal sufficiency and form. FISCAL IMPACT: The total cost of $37,067.34 will be paid in monthly installments of $3,088.95 and will be withdrawn from the IDC - Promotion/Special Events Fund (194). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. -- RECOMMENDA TION: That the Board of County Commissioners approve, accept and authorize its Chairman to execute the Lease Agreement with C.P.O.C. Realty, Limit Company. ~ MAR 1 1 2003 Pt. ) EXECUTIVE SUMMARY Lease with c.P.O.c. Realty Page 2 \ PREPARED BY <-.:~ /'( DATE: oJl/J/o J Michael H. Dowling, Management Specialist ( Property Acquisition & Con ruction Management Facilities Management Department /-; I ((J, ) REVIE\VED BY: \.... 'Vv0) [lA' f- DATE: d- 13-- c _; Charles E. Carrington, r., SR/W A, Manager Property Acquisition & Construction Management Facilities Management Department REVIE\VED BY: DATE: ..;;:?;/'yc?J REVIEWED BY: DATE: Z. -3 ~() 3 D. E. "Bleu" Wallace, Director CDES Operations REVIE\VED By:~4;H/ Jack Wert, Director Tourism Development Department DATE: ,;J-/~~S' APPROVED BY: DATE:'i0"~ ":JJlr d- MAR 1 1 2003 p,. 2- LEASE AGREEMENT OF LEASE made this day of March, 2003 between C.P.O.C. REALTY, AN ILLINOIS LIMITED LIABILITY CORPORATION, (hereinafter referred to as "Owner") C/O WELSH COMPANIES FL., INC., as agent for OWNER, (hereinafter referred to as "Landlord") and COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA (hereinafter referred to as "Tenant"). The following Schedule (the "Schedule") is an integral part of this Lease, as are all of the Exhibits referred to in this Lease. The Schedule, the Exhibits and the numbered paragraphs of this Lease, collectively, contain the terms and conditions of the Lease Agreement between the Landlord and Tenant: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. ~.,,-....... SCHEDULE Name of Tenant:. ............... ......... ....... ....Collier County Board of County Commissioners Tenant's address for notices:... .. . .. . . .... ..c/o Real Estate Services Department, Administration Building, 3301 East Tamiami Trail, Naples, Florida 34112 Area being leased ("Demised Premises"):............ ....3050 North Horseshoe Drive, Suite 218 Net Rental Square Feet in Demised Premises:..............................................l,698 sq. ft. Tenant's use of Demised Premises:........................................ ....Administrative Offices Base Rent (per year for the fIrst year):........ ............................................ ..$23,347.50 Monthly Installments of Base Rent for the fIrst year:.. . . .. .. .. ...... .. . .. .. .. .. .. .. .. .. .. .. $1,945.63 Prince per square foot for the fITst year:............... .. .... .. ... .. .. .. . .. .. ..... .. .. .$13.75 per sq. ft. Escalations:..... ....................................................................... ...... ...4% annually Due at signing:.................................................................................. ..$2,517.29 Tenant's Proportionate Share of building:. ................ ..... ................... .......... ...... .3.27% Security Deposit payable on execution of Lease:.. .... ...... ........... .................... ...... ...N/A Tenant's Real Estate Broker used for this Lease:.............................................. .. ..N/ A Tenant improvement, if any:............................ ............................................ ....N/A Commencement Date:............................. ........... ............. ............. ...March 15, 2003 Term: . .. . . . . . . . . . . .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . .. . . . .. . . . . .. . . . . . . . . .... Three (3) years Renewal Option:......... ...... ............ ............ ......... ....... ...... ....One (1) three year term Landlord's name and Address for notices:..............................C.P.O.C. Realty, L.L.C., c/o Welsh Companies FL., Inc., 2400 Ninth Street North, Suite 101, Naples, FL 34103 ~j(;;rd MAR 1 1 2003 3 Pl. 1. DEMISED PREMISES: Landlord leases to Tenant and Tenant rents from Landlord those certain premises more particularly described as: 3050 N. Horseshoe Drive Suite 218 , , Naples, FL 34104 (the "Demised Premises"). 2. LENGTH OF TERM: The term, Commencement Date, and Termination Date of this Lease are set forth in the Schedule of this Lease. 3. BASE RENT: (a) The fixed base Rent (also referred to as base rent) during the term of this Lease shall be payable by Tenant in equal monthly installments on the first day of each month in advance and shall be at the annual rate as follows: Period Monthly Base Rent State Sales Tax at 6% Total Monthly Base Rent 3/1/03-2/28/04 $1,945.63 $0 $1,945.63 3/1104-2/28/05 $2,023.45 $0 $2,023.45 3/1105-2/28/06 $2,104.39 $0 $2,104.39 (b) The phrase "Base Rent" shall mean the fixed minimum rent above specified without any set-offs or deductions whatsoever and without any prior demand being required therefore. (c) Additional Rent, as herein defined, shall be payable by Tenant in equal monthly installments on the first day of each month 1n advance during the term of the Lease, together with all applicable sales tax. Landlord reasonably estimates that the Additional Rent (exclusive of sales tax) for calendar year 2003 is estimated to be Five Hundred Seventy-one dollars and Sixty-six cents ($571.66) per month. However, no warranties or representations are made by Landlord as to the accuracy of this estimate of Additional Rent, which estimate is given to Tenant only for Tenant's planning purposes. The actual amount of Additional Rent shall be computed as soon as practical following the end of the calendar year, at which time the actual amount of Additional Rent that was due Landlord by Tenant for calendar year 2003 shall be computed. Any amounts still due and owning Landlord for Tenant for Additional Rent for calendar year 2003 shall be paid by Tenant to Landlord within thirty (30) days of Landlord's demand for same; any overage paid by Tenant to Landlord for Additional Rent for calendar year shall be applied against the Additional Rent liability owed to Landlord by Tenant for calendar year 2004. The same policy will apply to subsequent lease years. 4. ADDITIONAL RENT: In addition to the foregoing Base Rent, all other payments to be made by Tenant shall be deemed to be and shall become Additional Rent hereunder whether or not the same be designated as such; and shall be due and payable upon demand or together with the next succeeding installment of rent, whichever shall first occur; and Landlord shall have the same remedies, for failure to pay the same as for a non-payment of Base Rent. OnI after Landlord has provided proper notice to Tenant and the approproriate cure period has xpir~~ ~ ., Landlord, at its election, shall have the right to payor do any act which requires the ex ndi1*l:e~ ... of any sums of money by reason of the failure or neglect of Tenant to perform an of the provisions of this Lease, and in the event Landlord shall at its election pay such sums or 0 MAR 1 1 2003 acts requiring the expenditure of monies, Tenant agrees to pay Landlord, upon demand, 11 such +- pt. sums, and the sum so paid by Landlord, together with interest thereon, shall be deemed Additional Rent and payable as such. 5. PLACE OF PAYMENTS: All payment required to be paid by Tenant to Landlord shall be delivered to: Landlord's address as shown on the Schedule on Page 1, without any prior demand for the same. 6. LIMITATIONS OF REPRESENTATIONS: The Demised Premises are leased pursuant to the terms and conditions set forth in this Lease. Neither Landlord nor Landlord's agents have made any representations, warranties or promises with respect to the Demised Premises, except as set forth in this Lease. 7. TENANT'S INST ALLA TIONS AND IMPROVEMENTS: The Landlord shall provide the Demised Premises according to "Exhibit A" at Landlord's expense. Tenant shall fully equip the Demised Premises with all equipment necessary for the proper operation of Tenant's business. Tenant Alterations: Tenant agrees not to make any alterations or additions that would materially change the Demised Premises or the appearance of the same from that previously approved by Landlord, nor to install any additional equipment therein without, in each instance, obtaining the prior written consent of Landlord. All alterations and additions to the Demised Premises shall be made in accordance with all applicable laws, and where applicable, Tenant shall be required to obtain all necessary governmental permits prior to commencing. Tenant hereby agrees to indemnify and holds Landlord harmless from all expenses, liens, claims, or damages, to either persons or property or the Demised Premises, arising out of or resulting from the undertaking, making of, or the existence of such alterations or additions. In the event Tenant, at any time during the Lease Term, removes any of its trade fixtures, any damage caused by such removal shall be repaired and the trade fixtures shall be replaced within three (3) business days with fixtures of similar quality and sufficient quantity to conduct Tenant's business. 8. USE OF DEMISED PREMISES: Tenant shall tlSe the Demised Premises for the purposes indicated on the Schedule on page I of this Lease and no other. Tenant shall not use or permit or suffer the use of the Demised Premises for any other business or purpose, without the Landlord's prior consent, which may be withheld. 9. OPERATION OF BUSINESS: Tenant shall (a) conduct its business in the entire Demised Premises; (b) remain open for business during customary business days and hours; .(c) keep the Demised Premises and exterior and interior portions of windows, doors and all other glass or plate glass fixtures in a neat, clean, sanitary and safe condition; (d) neither solicit business nor distribute advertising matter in the parking or other common areas. - 10. LA WS, WASTE OR NUISANCE: Tenant shall, at its sole cost and expense; (a) comply with all governmental laws, ordinances, orders and regulations affecting the Demised Premises now in force or which hereafter may be in force; (b) comply with and exe requirements and regulations of the Board of Fire Underwriters, Landlord's insuran and other organizations establishing insurance rates; ( c) not suffer, permit or co or nuisance; and (d) not conduct any auction, distress, fire or bankruptcy sale. MAR 1 1 2003 5 Pt. 11. AMERICA1~S WITH DISABILITIES ACT: Landlord shall, at its sole cost and expense, be responsible for compliance with the Americans with Disabilities Act. 12. SIGNS, AWNINGS AND CANOPIES: The Tenant shall not place or suffer to be placed or maintain any sign, awning or canopy in, upon or outside the Demised Premises or in the Building or within a half mile of the Building; nor shall Tenant place in the display windows any sign, decoration, lettering or advertising matter or other thing of any kind without first obtaining Landlord's written approval and consent in each instance. Tenant shall maintain any such sign or other installation as may be approved in good condition and repair. 13. ASSIGNMENT AND SUBLETTING: Tenant shall first obtain the written consent of Landlord, which may not be unreasonably withheld by Landlord, in the exercise of Landlord's discretion. No assignment shall relieve or discharge the Tenant from its obligations hereunder. The Tenant shall not sublet the Demised Premises without Landlord's consent. 14. REP AIRS: Landlord shall not be required to make any repairs or improvements of any kind upon the Demised Premises except for necessary exterior structural repairs and those repairs which relate to the common facilities and common property. Tenant shall, at its sole cost and expense, take good care of and make necessary repairs and replacements, structural and otherwise, to the interior of the Demised Premises and the fixtures and equipment therein and appurtenances thereto, including the exterior and interior windows, doors and entrances, sidewalks, fronts, signs, floor coverings, interior walls, columns and partitions. Tenant agrees to keep and maintain in good condition the electrical equipment and heating and cooling equipment in the Demised Premises. 15. TENANT'S FAILURE TO REPAIR: If Tenant (a) refuses or neglects to make repairs, or (b) if Landlord is required to make exterior or structural repairs by reason of Tenant's negligent acts or omissions, Landlord shall have the right, but shall not be obligated, to make such repairs on behalf of and for the account of Tenant. In such event, such work shall be paid by Tenant as Additional Rent promptly upon receipt of a bill thereof. 16. CONSTRUCTION LIENS: Should any construction or other liens be filed against the Demised Premises or any part thereof for any reason whatsoever by reason of Tenant's acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled and discharged of record by bond or otherwise upon reasonable notice by Landlord. In the event Tenant does not cause the same to be canceled and discharged within ten (10) days of receipt of said notice, Landlord may cause the same to be canceled and discharged and Tenant shall be responsible to pay Landlord all reasonable costs and expenses incurred to discharge said lien together with interest at the maximum allowable rate. 17. UTILITY CHARGES: Landlord shall not be liable in the event of any interruption in the supply of any utilities. Tenant agrees that it will not install any equipment which will exceed or overload the capacity of any utility facilities and that if any equipment installed by Tenant shall require additional utility facilities, the same will be installed at Tenant's expense in accordance with plans and specifications to be approved in writing by Landlord. Ten solely responsible for and shall promptly pay all charges for use of consumption for unless such charges are a part of the common expenses as described herein. Tenan purchase and pay for water and sewer. 18. TAXES: Landlord shall pay all real property taxes which may be levied or assessed by any lawful authority against the land, the Building, and improvements in the Building. Tenant shall pay as Additional Rent, within ten (10) days after a demand is made by the Landlord, its proportionate share of any real property taxes, levied or assessed and its proportionate share of any other charges or levies made by any lawful authority against the land and improvements of the Building. If taxes are paid in arrears, the Landlord shall have the right to collect such funds in advance, on a monthly basis, during the Lease year based upon last year's taxes or some other reasonable method of calculating what such taxes shall be. The proportion to be paid is based upon Tenant's proportionate share of the Building as set forth in the Schedule on Page 1 of this Lease. The Tenant's share of taxes shall be collected as Additional Rent in advance in equal monthly installments, the amount of which shall be computed by the Landlord based upon his reasonable calculation of the taxes that will be owed for the property when such taxes are payable. If the total of such monthly remittances is greater than the Additional Rent due hereunder for the tax year, Tenant may credit the difference against the next installment of Additional Rent due to Landlord hereunder. If the total of such remittances is less than the Additional Rent due for such tax year, Tenant shall pay the difference to Landlord at the time that Landlord provides a certification that explains the additional amount due. Tenant shall pay all assessments and all taxes levied on its own personal property. Tenant shall further pay, as Additional Rent, any tax that may be levied, or assessed upon the rent payable hereunder by any governmental authority acting under any present or future laws. However, such obligation shall not include the Landlord's obligation to pay income tax. Tenant shall not have the right to make application for or to bring proceedings related to the assessed valuation of any land or building in the Building. 19. MAINTENANCE OF COMMON AREAS: All common areas and other facilities in or about the Building provided by Landlord shall be subject to the exclusive control and management of Landlord. Landlord shall have the right to change the area, level, location and arrangement of parking areas and other facilities; to restrict 'parking by Tenants, their officers, agents and employees; to close all or any portion of said areas or facilities to such extent as may be legally sufficient to prevent a dedication therein or the accrual of any right to any person or the public therein; to close temporarily all or any portion of the parking areas or. facilities to discourage non-customer parking. Landlord shall operate -and maintain the common facilities in such manner as Landlord in its discretion shall determine; but in all times in a manner befitting a first class business location, and Landlord shall have full right and authority to employ and discharge all personnel with respect thereto. r 20. COMMON AREA MAINTENANCE COSTS AS ADDITIONAL RENT: Tenant, as Additional Rent, agrees to pay to Landlord, without offset of deduction, in equal monthly installments on the first day of each and every calendar month during the term hereof (pro-rata for that portion of the calendar month in which the term hereof shall commence, if such portion is shorter than a full month) as its share of the cost to Landlord of keeping and maintaining the parking areas and other common facilities, as set forth herein, an annual amount equal to a . Tenant's pro-rata share as defined hereinafter of all costs and expenses of every kind na~J~ A"""" as may be paid or incurred by Landlord during the Lease Term (including appropriate senHIS l.V C7 in operating, managing, equipping, lighting, repairing, replacing and maintaining the mmon 1 2003 areas, parking areas, common facilities and related services, and in policing the Buil ng ~ 1 P&. '1 affording protection thereof against fire and other natural disasters (if and to the extent that such policing and/or fire protection is provided) as determined in accordance with generally accepted accounting principles and allocated to any particular fiscal year on the accrual method of accounting. 21. INSURANCE COSTS AND ADDITIONAL RENT: Landlord's Insurance. Landlord shall procure and maintain throughout the term of this Lease, a special perils insurance policy, which shall insure the Building for losses, caused by fire, windstorm, and flood. However, the parties recognize that flood insurance will not be available through a commercial carrier if the property is within an area designated by the Secretary of Housing and Urban Development as having special flood hazards. In that case, i.e., where commercial flood insurance is not available, Landlord shall also procure and maintain throughout the term of the Lease flood insurance on the Building in accordance with Title 44, Code of Federal Regulations and Title 42, United States Code. The Landlord shall also maintain liability insurance in commercially reasonable amounts. Tenant agrees that it will not keep, use, sell, or offer for sale, in or upon the Demised Premises, any article, which may be prohibited by the Landlord's insurance policy. Tenant agrees to promptly make, at Tenant's sole cost and expense, any repairs, alteration, changes and/or improvements required by the company that issues Landlord's insurance policies so as to avoid the cancellation of said insurance. Tenant's Insurance. Tenant shall, during the Lea~e Term, at its sole cost, risk and obligation, keep in full force and effect a policy of public liability and property damage insurance with respect to the Demised Premises, and the business conducted by Tenant and any subtenants of Tenant in the Demised Premises, in which the limits of public liability and property damage insurance shall be not less than One Million Dollars ($1,000,000.00) combined single limit. Tenant shall also carry fire and extended coverage insurance which shall cover loss and damage caused by fire, tornadoes, hurricanes, and any other natural disaster for the full replacement value of all improvements, alterations, additions and partitions whether made or installed by Landlord or Tenant in the Demised Premises; Tenant's personal property including, but not limited to, inventory, trade fixtures, equipment, furnishings and other personal property together with insurance against sprinkler damage, vandalism, theft and malicious mischief; and any and all other coverage which Tenant desires to carry or is required to carry by law. The Tenant's liability policy and casualty policy shall include Landlord, and any persons, firms or business entities having an insurable interest designated by Landlord from time to time, as additional insured, and shall contain a clause that the insurer will not cancel or change the. insurance without first giving the Landlord thirty (30) days prior written notice. The insurance shall be in an insurance company licensed to do business in the State of Florida. A copy of the policy or certificate of insurance shall be delivered to Landlord prior to delivery of possession of the Demised Premises to Tenant and thereafter within thirty (30) days prior to the expiration of the term of each said policy. If Tenant fails to furnish Landlord with a copy of any insurance policy required to be furnished by Tenant to Landlord when due and such failure continues for ten (10) days after written notice from Landlord, L A}TEM assess and collect an administrative fee of Twenty-Five and 00/100 Dollars ( 25.0<N or J If;{t 0- each day such policy or certificate has not been received in the office of Lan ord'ittht; close of each business day. Additionally, if Tenant refuses or neglects to c~A.'tr4 1 2003 maintain insurance policies complying with the provisions of this Paragraph Lanolord B pc. may, but shall not be required to, secure and maintain such insurance policies and Tenant shall pay the cost thereof to Landlord, upon demand. Indemnification of Landlord. Tenant shall indemnify Landlord and Landlord's agents and save it harmless from and against any and all claims, actions, damages, liability and expense in connection with loss of life, personal injury andlor damage to property, or by reason of the occupancy or use by Tenant of the Demised Premises or any part thereof, or occasioned wholly or in part by any act or omission of Tenant, its agents, contractors, employees, servants, or concessionaires. In the event Landlord andlor its agents shall, without fault on their part, be made party to any litigation commenced by or against Tenant, then Tenant shall protect and hold Landlord andlor its agents harmless and shall pay all costs, expenses and reasonable attorney fees that may be incurred or paid by . Landlord andlor its agents in connection with such litigation. Limitation on Landlord's Liability. Landlord and Landlord's agent and employees shall not be liable to Tenant or to anyone claiming under Tenant for damage to person or property resulting from (a) equipment or appurtenances becoming out of repair; (b) Tenant's failure to keep the Demised Premises in repair; (c) any defect in or failure of the sprinkler system, plwnbing, heating or air conditioning equipment, electric wiring or installation thereof, gas, water, steam, pipes, stairs, porches, railings, or walks; (d) broken glass; (e) the backing up of any sewer pipe or downspout; (f) the bursting, leaking or running over of any tank, tub, washstand, water closet, waste pipe, drain, or any other pipe or tank, in or upon the Building or Demised Premises, or noxious odors resulting therefrom, or the escape of steam or hot water; (g) water, or ice being upon or coming through the roof, skylight, trap door, stairs, walks or any other place upon or near the Building or Demised Premises or otherwise; (h) the falling of any fixtures, plaster, or stucco; (i) any act, omission, or negligence of co-tenants or other persons or occupants of the Building or of adjoining or contiguous buildings or of owners of adjacent or contiguous property of Landlord; and CD any act which might be considered directly caused by rodents, insects, bugs, or pests in general. Landlord agrees that Landlord and Landlord's agents shall be responsible, however, for their gross negligent acts hereunder, but only to the extent that any such damage or liability is not covered by perils against which Tenant is required by this Lease to insure. Mutual Waiver of Subrogation. The fire and extended coverage insurance policies carried by the Landlord to insure the Building and by the Tenant to insure its fixtures and personal property located in the Demised Premises shall each include or permit a waiver of all rights of subrogation as set forth below. Each of the parties (to the extent of the coverage provided by the respective insurance policies carried by such party) agrees to and does hereby waive all rights of recovery and causes of action against the other and all persons claiming through or under such other party, by way of subrogation or otherwise for any damage to the Building or Demised Premises, or the personal property, as the case may be, caused by any of the perils covered by such fire and extended coverage insurance policies (as now or hereafter constituted), notwithstanding that any such damage or destruction may be due to the negligence of such other party or of the persons claiming through or under such other party.. I~ ^GENO" .1-1 ,.... Landlord's Right to Pay Premiums on Behalf of Tenant. All of the p lici~~O insurance, which the Tenant is required to maintain, shall be written in form sa 'sfa~1~Q' 1 1 2003 to Landlord and by insurance companies satisfactory to Landlord. All such i s~ P,.l- policies shall expressly waive any right of subrogation of the insurer against Landlord and the holder of any mortgages encumbering the Demised Premises. Tenant shall pay all of the premiums therefore and deliver such policies, or certificates thereof, to Landlord; and,. in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefore or to deliver such policies, or certificates thereof, to Landlord, Landlord shall be entitled, but shall have no obligation. to effect such insurance and pay the premiums therefore, which premiums shall be repayable to Landlord with the next installment of rental, failure to repay the same carrying with it the same consequence as failure to pay any installment of rental. The insurance policy or policies required hereunder shall name Landlord and Tenant as insureds as their interests may appear. and each insurer shall agree by endorsement on the policy or policies issued by it or by independent instrument furnished to Landlord that it will give Landlord thirty (30) days written notice before the policy or policies in question shall be altered or canceled. Landlord agrees that it will not unreasonably withhold its approval as to the form or to the insurance companies selected by Tenant. The insurer of any policies required hereunder shall be qualified to do business in the State of Florida and shall have a "Best" rating of A or better. 22. DESTRUCTION: If the Demised Premises shall be partially damaged by any casualty insurable under the Landlord's insurance policy, Landlord shall, upon receipt of the insurance proceeds. repair the same and the Base Rent shall be abated proportionately as to that portion of the Demised Premises rendered untenantable. If the Demised Premises (a) by reason of such occurrence is rendered wholly untenantable or (b) should be <;lamaged as a result of a risk which is not covered by Landlord's insurance or (c) should be damaged in whole or in part during the last year of the term or of any renewal term hereof, or (d) the building of which it is a part, whether the Demised Premises is damaged or not or all of the building which then comprise the Building should be damaged to the extent of fifty (50%) percent or more of the then monetary value thereof, or (e) if any or all of the buildings or common areas of the Building cannot in the reasonable judgment of Landlord be operated as an integral unit, then or in any of such events, either Landlord or Tenant may cancel this Lease by notice of cancellation within ninety (90) days after such event and thereupon this Lease shall expire. and Tenant shall vacate and surrender the Demised Premises to Landlord. Tenant's liability for rent upon the termination of this Lease shall cease as of the day following the event or damage. The foregoing provisions notwithstanding. Tenant shall not have the right to cancel this Lease in the event of such destruction if Landlord shall notify Tenant within sixty (60) days after such event that Landlord intends to rebuild the Demised Premises to its condition prior to such destruction. and shall completely restore the building to a tenantable condition within 180 days after Landlord notifies Tenant of its intention to rebuild the Demised Premises to its condition prior to such destruction. In the event Landlord elects to repair the damage any abate~ent of rent shall end five (5) days after notice by Landlord to Tenant that the Demised Premises have been repaired. If any damage is caused by the negligence of Tenant or its employees, the damages shall be repaired by Landlord, upon receipt of the insurance proceeds. but there shall be no abatement of rent. ~GENO~ I~ No.-Lfc 11--~ MAR 1 1 2003 pc. to 23. CONDEMNATION: Total. If the whole of the Demised Premises shall be acquired or taken by. eminent domain for any public or quasi-public use or purpose then this Lease and the term herein shall cease and terminate as of the date of title vesting in such proceeding. Partial. If any part of the Demised Premises shall be taken as aforesaid, and such partial taking shall render that portion not so taken unsuitable for the business of Tenant, in the reasonable judgment of Tenant, then this Lease and the term herein shall cease and terminate as aforesaid. If such partial taking is not extensive enough to render the Demised Premises unsuitable for the business of Tenant, in the reasonable judgment of Tenant, then this Lease shall continue in effect except that the Base Rent shall be reduced in the same proportion that the floor area of the Demised Premises taken bears to the original floor area demised and Landlord shall, upon receipt of the award in condemnation, make all necessary repair or alterations to the building in which the Demised Premises are located so as to constitute the portion of the building not taken a complete architectural unit, but such work shall not exceed the scope of the work to be done by Landlord in originally constructing said building, nor shall Landlord in any event be required to spend for such work an amount in excess of the amount received by Landlord as damages for the part of the Demised Premises so taken. "Amount received by Landlord" shall mean that part of the award in condemnation, which is free and clear to Landlord of any collection by mortgages for the value of the diminished fee. If more than twenty (20%) percent of the floor area of the building in which the Demised Premises are located shall be taken as aforesaid, either Tenant or Landlord may, by written notice to the other party, terminate this Lease, such termination to be effective as aforesaid. If this Lease is terminated as provided in this paragraph, the rent shall be paid up to the day of title vesting in such public authority and Landlord shall make an equitable refund of any rent paid by Tenant in advance. Tenant shall have the right to claim from condemnor but not from Landlord such compensation as may be recoverable by Tenant in its own right for diminution in value of its Leasehold interest and for damage to Tenant's business, fixtures and improvements installed by Tenant at its own expense. 24. DEFAUL T: Tenant shall be deemed in default hereunder in the event Tenant fails to keep and perform any of its covenants or obligations hereunder. In the event of any breach of this Lease by Tenant, Landlord, in addition to the other rights or remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from the Demised Premises; and such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant. Should Landlord elect to re-enter as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, Landlord may either terminate this Lease or may from time to time, without terminating this Lease, re-Iet the Demised Premises or any part thereof for such term or terms (which may be for a term extending beyond the Lease Term) and at such rental or rentals and on such other terms and conditions as Landlord in its sole discretion may deem advisable, with the right to make alterations and repairs to the Demised Premises. On each such re-Ietting (a) Tenant shall be immediately liable to pay to Landlord, in addition to any indebtedness other than rent due hereunder, the expenses of such re-Ietting and of such alterations and repairs incurred by Landlord; and the amount, if any, by which the rent in this instant Lease for the peri . re-Ietting (up to but not beyond the Lease Term) exceeds the ~ount agreed to be paid rent~~t~ ~ the Demised Premises for such period on such re-Ietting; or (b) at the option of Land rd, ~ received by Landlord from such re-Ietting shall be applied first to the payme t of. MYj 2003 indebtedness, other than rent due hereunder from Tenant to Landlord; second, to the p ymmft'br 1 pc. II any expenses of such re-Ietting and of such alterations and repairs; third, to the payment of rent due and unpaid hereunder; and the residue, if any, shall be held by Landlord and applied in payment of future rent as the same may become due and payable hereunder. If, after the application of rent amounts received from re-renting, there is a deficit, the Tenant shall be liable for sai4 deficit. Such deficiency shall be calculated and due and payable in full immediately upon Landlord's demand. No such re-entry or taking possession of the Demised Premises by Landlord shall be construed as an election on the part of Landlord to terminate this Lease unless a written notice of such intention is given to Tenant or unless the termination thereof is decreed by a court of competent jurisdiction. In the event the Landlord is unable to re-rent the Demised Premises, the Tenant shall remain wholly liable for all rental and other obligations provided for herein. 25. ACCESS TO DEMISED PREMISES: Landlord shall have the right to place, maintain and repair all utility equipment of any kind in, upon and under the Demised Premises as may be necessary for the servicing of the Demised Premises and other portions of the Building. Landlord shall also have the right to enter the Demised Premises during regular business hours to inspect or to exhibit the same to prospective purchasers, mortgagees, Tenants and to make such repairs, additions, alterations or improvements as Landlord may deem desirable, but in no event shall Landlord take any action not in accordance with Tenant's reasonable security procedures. Landlord shall be allowed to take all reasonable material in, to and upon said Demised Premises that may be required therefore without the same constituting an eviction of Tenant in whole or in part and the rents reserved shall in no way abate while said work is in progress by reason of loss or interruption of Tenant's business. The provisions of this paragraph shall in no way be construed to impose upon Landlord any obligation whatsoever for the maintenance or repair of the building or any part thereof except as otherwise herein specifically provided. During the sixty (60) days prior to the expiration of this Lease or any renewal term, Landlord may place upon the Demised Premises "For Lease" signs, which Tenant shall permit to remain thereon. 26. SUBORDINATION: Tenant agrees that its Lease Interest is subordinate to the lien of any mortgage, ground lease or any other method of financing or refmancing now or hereafter placed against the Building, the land and/or the Demised Premises and to any and all advances made or to be made thereunder and to all renewals, replacements, consolidations and extensions thereof. This paragraph shall be self-operative and no further instrument of subordination shall be required, however, if requested, the Tenant shall execute and deliver to Landlord, a signed subordination of its Lease to any particular mortgagee that is encumbering the property. 27. LANDLORD'S LIABILITY: Tenant shall look solely to the estate and property of the Landlord in the land and improvements comprising the Building for the collection of any judgment (or other judicial process) requiring the payment o(money by Landlord in the event of any default or breach by Landlord with respect to any of the terms, covenants, and conditions of this Lease to be observed and/or performed by Landlord, and no other property or assets of the Landlord shall be subject to levy, execution or other enforcement procedures for the satisfaction of Ten ant's remedies. 28. QUIET ENJOYMENT: Tenant, upon paying the rents, and performing all of the terms on its part to be performed, shall peaceably and quietly enjoy the Demised Premises subject, nevertheless, to the terms of this Lease and to any mortgage, ground lease or a reem~ a........ which the Lease is subordinated. No. d- MAR 1 1 2003 P,. l2- 29. FORCE MAJEURE: Landlord and Tenant shall be excused for the period of any delay in the performance of any obligations hereunder when prevented from so doing by cause or causes beyond Landlord's control which shall include, without limitation, all labor disputes, civil commotion, war, war-like operations, invasion, rebellion, hostilities, military or usurped power, sabotage, governmental regulations or controls, fire or other casualty, inability to obtain any material services or financing or reason of any other acts of God. 30. END OF TERM: At the expiration of this Lease, Tenant shall surrender the Demised Premises in the same condition as it was in upon delivery of possession thereto under this Lease, reasonable wear and tear excepted, and shall deliver all keys to Landlord. Before surrendering said Demised Premises, Tenant shall remove all its personal property, fixtures, alterations, additions and decorations, and shall repair any damage caused thereby. Tenant's obligations to perform this provision shall survive the end of the term of this Lease. If Tenant fails to remove its property upon the expiration of this Lease, the said property shall be deemed abandoned and shall become the property of Landlord. 31. HOLDING OVER: If the Tenant remains in the Demised Premises beyond the expiration of this Lease, such holding over shall not be deemed to create any tenancy, but the Tenant shall be a "Tenant at Sufferance" only at a daily rate equal to twice the rent and other charges under this Lease. 32. NO WAIVER: Failure of Landlord to insist upon the strict performance of any provision or to exercise any option or any rules and regulations shall not be construed as a waiver for the future of any such provision, rule or option. The receipt by Landlord of rent with knowledge of the breach of any provision of this Lease shall not be deemed as waiver of such breach. No provision of this Lease shall be deemed to have been waived unless such waiver be in writing signed by Landlord. No payment by Tenant or receipt by Landlord of a lesser amount than the montWy rent shall be deemed to be other than on account of the earliest rent then unpaid nor shall any endorsement or statement or any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction and Landlord may accept such check or payment without prejudice to Landlord's right to recover the .balance of such rent or pursue any other remedy in this Lease provided, and no waiver by Landlord in respect to one Tenant shall constitute a waiver in favor of any other Tenant in the Building. 33. NOTICES: Any notice, demand, request or other instrument which may be or are required to be given under this Lease shall be delivered in person or sent by United States Certified or Registered Mail, postage prepaid, and shall be addressed as set forth on the Schedule on Page I of this Lease. Either party may designate such other address as shall be given by written notice. 34. RECORDING: Tenant shall not record this Lease or a memorandum thereof without the written consent of Landlord. 35. PARTIAL INVALIDITY: If any provision of this Lease or application thereof to any persons or circumstance shall to any extent be invalid, the remainder of this Lease or the application of such provision to persons or circumstances other than those as to whi A invalid shall not be affected thereby and each provision of thi.s Lease shall be valid d e orced I to the fullest extent permitted by law. No. MAR , 1 2003 PC.>> 36. BROKER'S COMMISSIONS: Tenant represents and warrants that there are no claims for brokerage commissions or finder's fees in connection with the execution of this Lease, except Welsh Companies Florida, and agrees to indemnify Landlord against and hold it harmless from all liabilities arising from any such claim, including cost of counsel fees, except as set forth in the Schedule on Page 1 of this Lease. 37. PROVISIONS BINDING, ETC: Except as otherwis~ expressly provided, all provisions herein shall be binding upon and shall inure to the benefit of the parties, their legal representatives successors and assigns. Each provision to be performed by Tenant shall be construed to be both a covenant and a condition, and if there shall be more than one Tenant, they shall all be bound, jointly and severally, by these provisions. 38. SALE BY LANDLORD: In the event of sale or conveyance or transfer by Landlord of its interest in the Project or in the Building or in this Lease, the same shall operate to release Landlord from any future obligations and any future liability for or under any of the covenants or conditions, express or implied, herein contained in favor of Tenant, and in such event, and with respect to such obligations, covenants and conditions, Tenant agrees to look solely to the succes- sor in interest of Landlord in and to this Lease. This Lease shall not be affected by any such sale, conveyance or transfer. 39. ESTOPPEL CERTIFICATE: Landlord shall, at the request of Tenant and Tenant shall at the request of Landlord at any time and from time to time upon not less than ten (10) days' prior written notice, execute, acknowledge in recordable form, and deliver to the other, or for the Tenant to its auditor or a prospective purchaser of its business or assets, or to its assignee or subtenant if acceptable to Landlord, or for the Landlord to Landlord's mortgagee, auditors or a prospective purchaser of the Project or any part thereof, a certificate stating that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect), and the dates to which the Rent and other charges are paid, and that Tenant is paying Rent on a current basis with no offsets or claims, and there are not, to Tenant's or Landlord's knowledge, as the case may be, any uncured defaults on the part of Landlord or of Tenant (or specifying such offsets, claims or defaults, if any are claimed). Such certificate may require the party giving it to specify the date of commencement of Rent, the Commencement Date, the Termination Date, the Base Rent, and Additional Rent estimates, the date to which Rent has been paid, whether or not Landlord has completed any improvements required to be made to the Demised Premises and such other matters as may be reasonably requested. It is expressly ..understood and agreed that any such statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the Project or by any ground lessor, or by a purchaser or assignee or lender to Tenant or to auditors of either party hereto or by any other person to whom it is delivered. The failure to deliver such statement within the time required hereunder shall, at the option of the requesting party, be a default under this Lease, or be conclusive evidence, binding upon the nonperforming party that this Lease is in full force and effect, without modification except as may be represented by the requesting party, that there are no uncured defaults by the requesting party and that no more than one (1) month's Rent has been paid in advance, and the nonperforming party shall be estopped from asserting any defaults known to it at that time. 40. ENTIRE AGREEMENT, ETC.: This Lease and any exhibits and schedules "ITEM forth the entire agreement between the parties. Any prior conversations or writings e ~ed I (0 A ~ herein and extinguished. No subsequent amendment to this Lease shall be binding upo Laridlora or Tenant unless reduced to writing and signed. Submission of this Lease for exarnin tio~~ 1 2003 pc. It not constitute an option for the Demised Premises and becomes effective as a Lease only upon execution and delivery thereof by Landlord to Tenant. If any provision contained in a rider is inconsistent with the printed provision of this Lease, the provision contained in said rider shall supersede said printed provision. The captions appearing herein are inserted only as a matter of convenience an are not intended to define, limit, construe or describe the scope or intent of any paragraph, nor in any way affect this Lease. 41. RULES AND REGULATIONS: Tenant agrees as follows: (a) All deliveries or shipments shall be made only by way of the rear of the Demised Premises or at any other location designated by Landlord, and only at such times designated for such purpose by Landlord; (b) Garbage and refuse shall be kept in the kind of container specified by Landlord and shall be placed at the location designated by Landlord, for collection at the times specified by Landlord; Tenant to pay the cost of removal; (c) No radio, television, phonograph or other similar devices, or aerial attached thereto (inside or outside) shall be installed without first obtaining in each instance the Landlord's consent in writing, and if such consent be given, no such device shall be used in a manner so as to be heard or seen outside the Demised Premises; (d) the outside area immediately adjoining the Demised Premises shall be kept clean and free from dirt and rubbish by Tenant, and Tenant shall not place, suffer or permit any obstructions in such areas; (e) Tenant shall not use the public or common areas in the Building for business purposes; (f) Plumbing facilities shall not be used for any other purpose than that for which they are construed, and no foreign substance of any kind shall be thrown therein; (g) Tenant shall use, at Tenant's cost, a pest extermination contractor at such intervals as Landlord reasonably may require; (h) Tenant shall not burn trash or garbage in or about the Demised Premises, the Building or within one mile of the outside radius of the Building; (i) Tenant shall not place, suffer or permit displays or decorations on the sidewalks in front of the Demised Premises or on or upon any of the common areas of the Building; G) Landlord may amend or add new rules and regulations for the use and care of the Demised Premises, the building of which the Demised Premises are a part, and the common areas and facilities. 42. RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to person who are exposed to it over time. Levels of radon gas that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 43. ZONING ORDINANCES AND RESTRICTIONS: This Lease is subject to all easements and restrictions of record and all zoning ordinances and restrictions and limitations of record regarding the same. 44. ATTORNEYS FEES: If any action at law or in equity shall be brought to recover any rent under this Lease, or for or on account of any breach of, or to enforce or interpret any of the covenants, terms, or conditions of this Lease, or for the recovery of the possession of the Demised Premises, the prevailing party shall be entitled to recover from the other party as part of the prevailing party's costs all reasonable costs, charges and expenses, including without limitation attorneys' fees, paralegals' fees, or other legal costs expended or incurred in connection therewith, at trial and on appeal, the amount of which shall be fixed by the court " ITEM made a part of any judgment or decree rendered, including without limitation, all ourtHG.osts, l (n .q' attorneys' fees, paralegals' fees, and other costs incurred in the enforcement of an inde~ hereunder. MAR 1 1 2003 p,. 15 45. TIME OF THE ESSENCE: Time is of the essence of this Lease and of each and every covenant, term, condition, and provision hereof. 46. CAPTIONS: The captions appearing under the Section number designations of this Lease are for convenience only and are not a part of this Lease and do not in any way limit or amplify the terms and provisions of this Lease. 47. PARTIES DEFINED, USE OF PRONOUN: The word "Tenant" shall be deemed and taken to mean each and every person or party mentioned as Tenant herein, be the same one or more, and if there shall be more than one such person or party, any notice required or permitted by the terms of this Lease may be given by or to anyone thereof. The term "Landlord" shall refer only to the current owner of the fee interest in the Demised Premises. The use of the neuter singular pronoun to refer to Landlord or Tenant shall be deemed a proper reference even though Landlord or Tenant may be an individual, a partnership, a corporation, or a group of two or more individuals or corporations. The necessary grammatical changes required to make the provisions of this Lease apply in the plural sense where there is more than one Landlord or Tenant, and to either corporations, associations, partnerships or individuals, male or female, shall in all instances be assumed as though in each case fully expressed. 48. CONSENT AND APPROVAL: Whenever this Lease specifies that either party has the right of consent or approval if either party shall desire the consent or approval of the other on any matter regarding this Lease, such consent or approval shall be effective only if in writing and signed by the consenting or approving party. 49. RELATIONSHIP OF PARTIES: Nothing in this Lease shall be deemed or construed so as to create the relationship of principal and agent, partnership, joint venture or of any association between the parties including, but not limited to, the computation of rent, or any other act of the parties, it being understood that the parties' sole relationship hereunder is that of Landlord and Tenant. 50. LEGAL INTERPRETATION: Landlord and Tenant acknowledge that this Lease was fully and jointly negotiated by the parties hereto and agree that there shall be no presumption that this Lease should be more severely construed against either party because such party may have drafted the particular language being construed. 51. APPLI CABLE LAW: This Lease is made in and shall be construed according to the laws of the State of Florida. 52. CORPORATION AS TENANT: In the event the Tenant herein is a corporation, partnership, or limited liability company, simultaneously with'the execution of this Lease Tenant shall deliver to Landlord a properly executed corporate resolution authorizing said business entity to enter into this Lease, together with a Certificate of Incumbency for said business entity; and Tenant shall also furnish to Landlord a Certificate a Good Standing from the state of its incorporation, which certificate shall show that said business entity is in good standing under the laws of the State and is duly qualified to conduct business in Florida. 53. SOVEREIGN IMMUNITY: All of the Tenant's promises in this agreement ~~~ '1 to Section 768.28, Florida Statutes, and other applicable laws regarding Tenant's (th co44W~ waiver of Sovereign Immunity. MAR 1 1 2003 P~. \ LP 54.' OPTION TO RENEW: Tenant shall have the option to renew this lease for one (l) renewal term of three (3) years, provided (i) that Tenant is not then or thereafter during the balance of the initial term in default thereunder and (ii) that written notice of the exercise of this option to renew is given by the Tenant to the Landlord at least 90 days prior to the expiration of the initial lease term. Such renewal(s) shall run consecutively and be on the same tenns and conditions contained herein including annual escalations of four (4) percent in the base rental rate. 55. REIMBURSEMENT FOR IMPROVEMENTS: In the event that tenant does not exercise its option to renew this Lease for an additional three (3) year tenn, the Tenants agrees to reimburse Landlord $5,500.00 toward improvements being made to the space at the inception of the original lease tenn. IN WITNESS WHEREOF, the parties have respectively signed and sealed this Agreement the day and year first above written. AS TO THE TENANT: DATED: BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA ATTEST: DWIGHT E. BROCK. Clerk BY: Deputy Clerk BY: TOM HENNING, Chairman DATED: c.P.O.c. REATL Y. L.L.c.. An Illinois Limited Liability Corporation Welsh Companies. Florida, Inc.. a Florida Corporation as Manager AS TO THE LANDLORD: BY: Witness (Signature) Its: (Print Name) Witness (Signature) (Print Name) Approved as to form and legal sufficiency: \C' Thomas C. Palmer Assistant County Attorney ~:tt&? MAR 1 1 2003 Pit. ''l SUITE #218 SUITE #260 sum: #233 IoIEN WClMEfj El.EC. EQUIP. .r-L SUITE #270 SUITE #290 SUITE SIZES SHOWN ARE NET LEASABLE All sizes deemed reliable, but not guaranteed. FLOORPIJ\N SERVICES 642-2224 BUILDING B FLOOR PLAN SUITE II 210 SUITE #231 EXHIBIT A 1 COURTYARD BUILDING A FLOOR PLAN SUITE #200 SUITE #198 SUITE #176 IoIEN SUITE #172 WCMEH SUm: #168 SUITE #145 - 153 SUITE #164 SUITE #150 SUITE #120 SUITE '100 COLLIER BUSINESS 3050 North Horseshoe Naples, FL C'-J < }- - r-o ~ ~.~ .C (LO -.:r /\ (1)~ ~ o .;) (1).!: N WrJ) , !J ...1 ZID /1 . ; -~ 0 (1)0 >-..- co .- ~ ::>:c o:~ a, f I-w ". 11 CO..c: ZI- 'j) -J w- c::~ :J N Co Ax.. en (r) ..- WO ..- ... -2 ~ .....Jo 0, en .....JlC) ..- 00 ..- OCt) """,. . - ( ~ L .c . ( CO"O_ = (1)" Q) (1)- ...._c 'C C L Q) ~ c Eco- Q) :::J .. Q) C)C 'C .... - en 0 C Q) C C .~:; ( en.c( <( i: '",,- ~ '" " \ " t'- '\ 0 ",-.:r "\ \ " ',,- t'- ~ ~ ~ ''''''- , " ~ ~ ~ co >-..- ~~ I-w ZI- w- :J en ~. (r) ..- A~lN3 1'VH "~AI~ No.J U' A MAR 1 1 2003 P',~ EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "CARLTON LAKES UNIT NO. 3A" OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that subdivision known as "Carlton Lakes Unit No. 3A" CONSIDERATIONS: 1. On June 19, 2001, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in IICarlton Lakes Unit No. 3AII. 2. The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. 3. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by Transportation Services and Public Works Utilities. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact. AGEtl)A ITEM NG.I &t:J. 3 MAR 1 1 2003 pt. I Executive Summary Carlton Lakes Unit No. 3A Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Carlton Lakes Unit No. 3A" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: _ ~~~\ lilcl~\. ~ John R. Houldsworth, Senior Engineer Engineering Review ~ll~ t6~ Date REVI EWED / BY: 'J ~A'~ ~ . Thomas E. Kuck, P.E. Engineering Review Director / 1LJ ;?/?,::>/pJ D~te ' County Engineer APPROVED BY: ~ i '-1./_ ~ Svcs. "GENO" IT'EM No.J~J+ 2> MAR 1 1 2003 pc. 2. wn::J ....MIlO . I1DO saoaa ......, z WQ !::!< C1)0 L? 9 .." - llYlSGUI a. <( 2: IJJ I- - en .. II: ~ Cl': J'W3S Ql lON I ~ &I. - = - ! f- igl I iii ~1I1I ~II" .. I . ~ . I. ~ '" .ilo- ~ - ..~ " .Iili . 15i 1:l i ~ C1WAlY1OlI IMlO1 tz I~ II III WQ II j ...!< B: ill I G 00 . I ~I t: :::g 2 lIl~i ::!~i Ii J- I I a. <( II 2: Ii I il. .. ~i I --- --- ...J U~ I !! i I = 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 RESOLUTION NO. 03- RESOLUTION TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN CARLTON LAKES UNIT NO. 3A, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSffiILITY 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 September 12, 2000 approved the plat of Carlton Lakes Unit No. 3A 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 speeifications 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 Engineering Review Department of Community Development Services has inspected the roadway. drainage. and water and sewer improvements. and is recommending acceptance of said facilities. NOW. THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements in Carlton Lakes Unit No. 3A , and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Carlton Lakes homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATIEST: DWIGHT E. BROCK., CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN Approved as to form and legal sufficiency: ~rrEM NG. P _::S MAR 1 1 2003 Pe.3:.-:- ~ Patrick G. White Assistant Collier County Attorney ~ "'"':!t"X\~~J:t,-!t EXECUTIVE SUMMARY ".--. REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF IIPelican Marsh Unit Seven Replatn OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that subdivision known as "Pelican Marsh Unit Seven Replat" CONSIDERATIONS: 1. On June 25, 1997, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Pelican Marsh Unit Seven". 2. The roadway and drainage improvements will be maintained by the project's Community Development District. The water and sewer improvements will be maintained by the County. ,...-...., 3. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by Transportation Services and Public Works Utilities. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's Community Development District. Water and sewer' improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact. :rc;fr'j - MAR 1 1 2003 Pe.-1 Executive Summary Pelican Marsh Unit Seven Replat Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Pelican Marsh Unit Seven Replat" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: J~ 10.\-..\ ["UC'\ SJ)\<:'i-L John R. Houldsworth, Senior Engineer Engineering Review -1J1~lD~ Date REV~:; [? d/ Thomas E. Kuck, P.E. Engineering Review Director / County Engineer Z#rr!J3 D~te APPROVED BY: seph K. mmunity . //1) Bvcs. :1'0/f'-l MAR 1 1 2003 pe.2 i! ii ! I I .:L <( ~ ! UJ I- - I (/) ... ....., n ; ,.. i I I .......- / ~ ~ -.:- ~i----l: ... ~ L, I V/ U r -------- -~---- ------ --~---- --- --- --- -- -------- .oJ :~ , 'Irf~ r- 0 d -...... I II In ='...~~~ ;~~"'. I ~,II1] Ill' II,! ,I ~ II ' : 'I ill tJ ~ ~ iI!I _.::::-1111, II m'fl ~ "II ~ I I \I.,........-u d~~ '~I ~ ~ ! "I -lil{~~~, Xi ~ II.~ ~Ii '~l ;! w r: I~ f7~B= t;/\ > l\ilRI II ~ / I - ::.:L ~ : '. I.. ilL' - / "'i~ ~ II , II I <( ~.': II III~ ,!;1 H, I _____ '-'- :J: ~~Ii L r Ii ..II (.1' I: I~\I ~ - "~,-:-.;;--;L z II 111 I '[j h:il- \, I'{. I I fi(; II rl ~ I \ ( . I- -- -- l!~ I~' ~.Ilt ..?~ fill 1Ml,u --..- ~ III . _! l Iii." '" lJi 1~4 r=l/.U'!I rlf- II.. ~ ~ ! 11 i~ ~ (~~ bm-ib~ I II ~lT{~ Y II' II 1~IJtE ~ rl'~!n nH!-IIfJ1"'~. .......t'-- - :~, ~. J"~l .' ~ . _"i? ~ "I~ '~ ~ '-' MAR 11 2013 ~ ,.( ~LPP... t"/: ~ J.. ro _____---- iil~Ull= oT .,.xlCO '2.. ... "'}, Y __ -::,\f"'----- _ .... .;.J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 RESOLUTION NO. 03-_ RESOLUTION TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY. DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN PEUCAN MARSH UNIT SEVEN REPLAT, 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, 1994, approved the plat of Pelican Marsh Unit Seven Replat 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 Engineering Review Department of Community Development Services has inspected the roadway, drainage. and water and sewer improvements, and is reeommending 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 Seven Replat , and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County aceept the future maintenance and other attendant costs for roadway. drainage. and water and sewer improvements that are not required to be maintained by the Pelican Marsh Community Development District. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK.., CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA By: TOM HENNING, CHAIRMAN Approved as to form and legal ,uffici=cy. ~~J Patrick G. White Assistant Collier County Attorney :r&~ MAR 1 1 2003 pt. Jf EXECUTIVE SUMMARY .--- REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "PELICAN MARSH UNIT Eight" OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that subdivision known as "Pelican Marsh Unit Eight" CONSIDERATIONS: 1. On April 11, 1995, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Pelican Marsh Unit Eight". 2. The roadway and drainage improvements will be maintained by the project's Community Development District. The water and sewer improvements will be maintained by the County. 3. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. - 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by Transportation Services and Public Works Utilities. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's Community Development District. Water and sewer' improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH ~ IMPACT: There is no growth management impact. - -~, ~l:-ff-s MAR 11 ~3 (r~ \ : -~~ ~-=_... '~-'-~..~':-:""''''";.~1 Executive Summary Pelican Marsh Unit Eight Page 2 RECOMMENDATION: That the Board of County Commissioners gra~t final acceptance of the roadway, drainage, water and sewer improvements in "Pelican Marsh Unit Eight" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: Jl)~ LUc\ ~L~"'"\.1. John R. Houldsworth, Senior Engineer Engineering Review :J\~\o~ Date R~' f> iLl Thomas E. Kuck, P.E. Engineering Review Director / County Engineer 'C//.5~3 Date' APPROVED BY: -~-/4., ~ Bvcs. A.GEt<<>A ITEM NG. 1&;4 '5 . MAR 1 1 2003 PI. 2- .............. n.. <( :1: UJ .... - CJ) ..... ... ,... / ---- - -.:- CD I- Z ::l :x: CI) a: < :E z < o ::::i w a.. ...-.... 1tT'D.L&L~..I1OO SIOOlW~ ~ - :u.V!.SGlM !!! n n.. <( :1: Z o - ~ U o ...J RESOLUTION NO. 03-_ RESOLUTION TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN PEUCAN MARSH UNIT EIGHT. 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 PEUCAN MARSH COMMUNITY DEVELOPMENT DISTRICT WHEREAS. the Board of County Commissioners of Collier County, Florida, on October 8. 1996 approved the plat of Pelican Marsh Unit Eight 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 maintenanee 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 Eight, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage. and water and sewer improvements that are not required to be maintained by the Pelican Marsh Community Development District. This Resolution adopted after motion. second and majority vote favoring same. DATE: A TrEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA By: TOM HENNING, CHAIRMAN Approved as to form and legal ~~~ t. V.. . Patrick G. White . Assistant Collier County Attorney AGEN>A ~ NG. 1(,11 0 MAR 1 1 2003 ~ pt. . <".~,~l';;;' . ...--.. EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "PELICAN MARSH UNIT FIFTEEN" OBJECTIVE: To grant .~_.~ :;:.,;:,.c i at ed final with acceptance of that subdivision the infrastructure known as "Pelican improvements Marsh Unit Fifteen" CONSIDERATIONS: 1. On December 15, 1997, the Board of County Commissioners granted prellmlnary accep~ance or the roadway, drainage, water and sewer improvements in "Pelican Marsh Unit Fifteen". 2. The roadway and drainage improvements will be maintained by the Pelican tv1arsh Cormnuni ty Development District. The water and sewer improvements will be maintained by the County. - 3. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recormnending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Surmnary has been reviewed and approved by Transportation Services and Public Works Utilities. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the Pelican Marsh Cormnunity Development District. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEMENT IMPACT: None AGEN>A ITEM No.J!fiL0 MAR 1 1 2003 I Pc. "-' Executive Summary Pelican Marsh Unit Fifteen Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Pelican Marsh Unit Fifteen" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: ~~~~R.~H~~~;~th, Senior Engineer Engineering Review ~ Date REV~ pij Thomas E. Kuck, P.E. Engineering Review Director / County Engineer Z//3/tf)J Date" APPROVED BY: Administrator Environmental Svcs. --~ .~~-.. ~ ~" IttM I . No.~ A V MAR 1 1 2003 pt. 2- ,-' ~ I ,-[ J..-hcr~ ~ L 1-' L,. \-A'- l I I I l~ z lll11 I I 11'- - I'd" :::2i'\' -<,"'-''TII p'- " CT, rTTTTrr ;;; ~ 1N 'i' I 111m 1 ~Il:g~~ f ~JEl I !\~ . -;h, "crrr'i ~ -~<$7 ',------ ~ " "" ilTl" " n;':;: I~ - ..J ~ --....... - ~ B:~ ~IOl ~n ,- ~-t- I ~ ~. ~ f? em ....".,. I ~~ I T ':'"_~ ' ~ I ~ _--< I::::~~" · UJ '0 W VKi\)~.u ~ \ =--ll.... i I- LIl1i .--J~~'IS'\..IQE;::-" ~ \\ '" - '>-. ~~ H;O , ~ ~1lf/fl)~"1:. il rn~ ,.~~ CI) ~1" - 17);'>11i~ ~ "~~ ~~~ ~y/~i! ~ }j^::~ [prtJ I Eo ~ = f39'~ I~ .~'~A'~~ E'~~~'!.-'v I -'A ~ o-r 1M ~"" I I I \ ' "..." ~ v . ~ ./ 6IilS1J 1 I ~ - ..... OJ. _ I --. ~ .... z :;:) x en a: < ~ z < o :J w 0...1 -- orro......,.SDl ~_ (. I:.-J I~ I --- -- SL _ 3l;uall u. _ ~ '-d"' I ------ --I, _ Ll SL ~ ~ II il ~! ",l~ II . - 1: ilJ'EI-l M [J. a.. <( %: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 RESOLlITION NO. 03-_ RESOLUTION TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN PELICAN MARSH UNIT FIFTEEN, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE. AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT WHEREAS, the Board of County Commissioners of Collier County, Florida, on June 17, 1997 approved the plat of Pelican Marsh Unit Fifteen 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 Fifteen. and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Pelican Marsh Community Development District. This Resolution adopted after motion. second and majority vote favoring same. DATE: ATIEST: DWIGHT E. BROCK., CLERK. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN Approved as to form and legal if wi Patrick G. ite Assistant Collier County Attorney AGEN)A ITEM I ~ NG.~& MAR 1 1 2003 "..-1:- EXECUTIVE SUMMARY FINAL ACCEPTANCE OF WATER AND SEWER UTILITY FACILITIES FOR BERMUDA BAY TWO, LOT 20 OBJECTrvE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water and sewer facilities. CONSIDERATIONS: 1) The Developer of Bermuda Bay Two, Lot 20, has constructed the water and sewer facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on March 12, 2001, in accordance with Ordinance 2001-57. 3) Staff has recorded all appropriate legal documentation which had been reviewed by the County Attorney's office for legal sufficiency. .......'......, 4) The water and sewer facilities have been operated and maintained by the Collier County Water-Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), in the form of an Irrevocable Standby Letter of Credit No. SB12305, in the amount of $3,869.59, will be released to the Project Engineer or the Developer's designated agent upon the Board's approval. 7) Water Facilities have been reviewed by Roy Anderson of Public Utilities. He has approved Executive Summary for Final Acceptance via email dated February 17, 2003. FISCAL LMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water and sewer facilities will be paid by monthly user revenues. ~ MAR 1 1 2003 pt. J ..- Executive Summary BERMUDA BAY TWO, LOT 20 Page Two GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. RECOMMENDATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water and sewer facilities for Bermuda Bay Two, Lot 20, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: ~~~~ Sherry ton, Englneerlng Technician Engineering Services 02/21/03 Date REVIEWED BY:_~ ~~~$L Thomas E. Kuck, P.E. Engineering Services Director/County Engineer 02/21/03 Date APPROVED BY: ~~ Scnmitt, Administrator Development And Environmental Services attachments ~7r1 MAR 1 1 2003 p,. 2.. IlJ Fifth Third Bank INTERNATIONAl DEPARTMENT 38 Fountain Square Plaza I Cincinnati, Ohio 45263 Phone (513) 579-5220 L .; address: FIFTH THIRD Telex number: 21-4567 ISSUING BANK: Fifth Third Bank International Division 38 Fountain Square Plaza Cincinnati, Ohio 45263 IRREVOCABLE STANDBY CREDIT NUMBER: SB12305 PAGE 1 of 2 PLACE AND DATE OF ISSUE Cincinnati, Ohio 45263 24 Aug.2000 EXPIRY DATE AND PLAC~ FOR.PRESENTATIO~ OF DOCUMENTS: 24 Aug.2001 Oul'~ COIJnters APPLICANT: B.B. II DEVELOPMENT, INC. 21~0 J & C BLVD. NAPLES, FL 34109 BENEFICIARY: THE BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA COLLIER COUNTY COURTHOUSE COMPLEX NAPLES, FL. 33962 AMOUNT: USD3,869.59 Three thousand eight hundred sixty nine and 59/100 United States Dollars WE HEREBY ISSUE IN YOUR FAVOR THIS STANDBY LETTER OF CREDIT WHICH IS AVAILABLE.~Y P8YMENT OF YOUR DRAFT(S) AT SIGHT ON THE FIFTH THIRD BANK, CINCINNATI, OHIO, U.S.A., ACCOMPANIED BY THE FOLLOWING DOCUMENTS AND. THIS ORIGINAL LETTER OF CREDIT: BENEFICIARY'S SIGNED STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER CERTIFYING THAT BBII DEVELOPMENT, INC. HAS FAILED TO CONSTRUCT AND/OR MAINTAIN THE WATER.AND SEWER IMPROVEMENTS AS SHOWN ON THE PLANS FOR BERMUDA BAY II - LOT 20 - BAY FOREST/SDP 99-129, OR A FINAL INSPECTION SATISFACTORY TO COLLIER COUNTY, PURSUANT TO COLLIER COUNTY ORDINANCE NO. 97-17, AS AMENDED, HAS NOT BEEN PERFORMED PRIOR TO THE DATE OF EXPIRY, AND SATISFACTORY ALTERNATIVE PERFORMANCE SECURITY HAS NOT BEEN PROVIDED TO AND FORMALLY ACCEPTED BY THE BENEFICIARY". THIS LETTER OF CREDIT SHALL BE AUTOMATICALLY EXTENDED FOR ADDITIONAL PERIODS OF ONE YEAR FROM THE PRESENT OR EACH FUTURE EXPIRATION DATE UNLESS WE HAVE NOTIFIED YOU BY REGISTERED MAIL NOT LESS THAN 60 DAYS BEFORE SUCH DATE THAT WE ELECT NOT TO RENEW THIS LETTER OF CREDIT. ~ MAR 1 1 2003 P'.~ Fnrm l'!;-03II fRev. 1MI flJ Fifth Third Bank INTERNATIONAl DEPARTMENT 38 Fountain Square Plaza I Cincinnati, Ohio 45263 Phone (513) 579-5220 :;able address: FIFTH THIRD Telex number: 21-4567 NUMBER SB12305 PAGE 2 of 2 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 DOCUMENTS, 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. DRAFT MUST BEAR THE CLAUSE: "DRAWN UNDER LETTER OF CREDIT NO. SB12305 OF THE FIFTH THIRD BANK, CINCINNATI, OHIO." WE HEREBY ENGAGE WITH YOU THAT DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED ON PRESENTATION TO THE DRAWEE IF NEGOTIATED OR PRESENTED ON OR BEFORE EXPIRY DATE. THE BANK SHALL NOT BE CALLED UPON TO DETERMINE QUESTIONS OF FACT OR LAW AT ISSUE BETWEEN THE BANK'S CUSTOMER AND THE BENEFICIARY OF THIS LETTER OF CREDIT. . THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACT~CE FOR DOCUMENTARY CREDITS 1993. REVISION INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500. REGARDS THE FIFTH THIRD BANK INTERNATIONAL DEPT. CINCINNATI, OHIO USA TLX 214567 ~~rn. ~ Authorized Signature Fonn 25-038 (Rev. 1199) ~i.lrrEMl I MAR 1 1 2003 pt. Jf 'MF =t I F 11'\ N G.l co 'c:: ell ~ ~ I , I ,~ ....~ ....... o (3 I ~ W........ <t:t4"). .-- W Z-l OW N'-" o N ~ o ...:l ~ ID IJ k o ~ ~ ell eQ 'H o o :- E-t .... ell ~ ell ~ :-= a .... G.l ~ co ..;t Q, ." ..c:: en c:: :- o E-t .. co c:: o "" ~ U G.l en .. :z; o H E-t ~ H ~ U en ~ ~ ...:l < t!) ~ ...:l .. I AGEN>A ITEM ~ No.JJdL:." MAR 1 1 2003 Pa.5 l- I EXECUTIVE SUMMARY APPROVAL OF ONE (1) IMPACT FEE REIMBURSEMENT DUE TO AN OVERPAYMENT TOTALING $795.78 OBJECTIVE~ To obtain Board of County Commissioners approval of one (1) impact fee reimbursement, due to overpayment, totaling $795.78. CONSIDERA TIONS: Following recent discussions between county staff and the staff of the Clerk of Courts, it has been jointly determined that requests for impact fee reimbursements will now be forwarded to the Board for approval. Until recently, such requests were approved at the Division Administrator level; however, no County regulation expressly gave such authority. Staff will be preparing an ordinance to amend Chapter 74, Section 203.B of the Collier County Code of Laws and Ordinances, the Collier County Consolidated Impact Fee Ordinance, 2001-13, as amended. Among the various updates to administrative provisions regarding impact fee assessments will be specific criteria and procedures for processing routine and non-routine requests for impact fee reimbursements. "...... Compass Construction Company Inc. ($795.78) - Customer should not have been assessed impact fees on Permit Numbers 2001070937, 2001070938, 2002010352 and 2002010355. The subject permits were for the demolition of existing carports and the construction of upgraded carports of the same square footage. The upgraded carports do not generate any additional demand on public facilities. FISCAL IMPACT: The recommended Impact Fee reimbursements will be transacted as debit entries against the applicable revenue budget line items in the following amounts: Jail - Emergency Medical Services - $ 343.88 $ 451.90 Total: $ 795.78 GROWTH MANAGEMENT IMPACT: Remittance of the requested impact fee reimbursements will not adversely affect capital project funding. -.... RECOMMENDA TI ON: That the Board of County Commissioners approves the requested impact fee reimbursement, totaling $795.78; and that the Board appr es a related budget amendments that may be required. MA~ 1 t 2003 pc. I Impact Fees Reimbursement - Kraft Construction Page 2 Date: C). - d if..... {)..3 ee Coordinator REVIEWED BY: Denny Baker, Director Financial Administration and Housing Department Date:c:I~ ;;;1-03 APPROVED BY: ~ Date: .;z;t;h / J eph Schmitt, Administrator ' I (j mmunily Development and Environmental Services Division AGENOAI~ No. /~., A MAR 1 1 2003 p.. ,;( ~ovember15,2002 ompass Construction, Inc. ~aroc;/~ Collier County Board of County Commissioners 2800 ~. Horseshoe Drive ~aples, Florida 34104 Attn: Robert Salvaggio Amy Patterson Re: Impact Fees Dear Mr. Salvaggio and Ms. Patterson, Compass Construction is requesting a refund of impact fees that have been charged on some of our permits. At Moorings Park the existing carports are being demolished and we are building upgraded carports. We are not changing the square foot size or the capacity of these carports and there is no change in the impact on the community. We feel that we have been charged impact fees in error on these garages and respectfully request that this amount be returned to us. The following information is a description of the charges. Permits # 2001070937 and # 2001070938 Moorings Park Garden Apt "D" Garages Garage D-4 EMS fee $ 82.00 Garage D-5 EMS fee $ 164.00 Jail fee $ 62.40 Jail fee $ 124.80 Fire $ 600.00 Fire fee $ 1,200.00 Total $ 744.40 Total $1,488.80 Permits #2002010352 and #2002010355 - Moorings Park Garden Apt "c" Garages Garage C-l EMS fee $ 102.95 Garage C-2 EMS fee $ 102.95 Jail fee $ 78.34 Jail fee $ 78.34 Fire fee $ 376.65 Fire fee $ 376.65 Total $ 557.94 Total $ 557.94 ~~ /""'- Phone: 239-542-7118 Fax: 239-542-8648 8 24 Lafayette Street Cape Coral, FL 33904-9031 MAR 1 1 2003 p,....3 www.compassconstruction.com CG C025919 Permits #2002052076 and #2002052092 Moorings Park Garden Apt liB" Garages Garage B-1 North Naples Fire Impact $1507.20 Garage B-2 North Naples Fire Impact $ 753.30 Total $ 2,260.50 These impact fees come to a total of $ 5,609.58. Thank you for your assistance with this matter and please do not hesitate to call me if you have any questions. Sincerely, Compass Construction, Inc. Vk6~,NA/ fianet Edwards Contract Administrator "GEN)A ~ No. / ~ 1-+ ~ ~ MAR 1 1 2003 pc. 1 Official Receipt - Collier County Board of County Commissioners CDPR 1103 - Official Receipt Trans Number 325708 Date 4/10/20029:09:43 AM Post Date 4/1 0/2002 Address: 106 MOORINGS PARK DR Owner: MOORINGS INC, THE COA #: Permit Type: BCOT Job Desc: DEMO CARPORT/REPLACE W/GARAGE C-2 Applicant: JANET EDWARDS DBA: COMPASS CONSTRUCTION, INC. Swr Meter: Wtr Meter: Payor: COMPASS Fee Information ! Fee Code Descriotion I GL Account Amount Waived I 08BCAI BLDG.CODE CERT. SURCHARGE 11300000020882000000 $12.56 ! 08BPNP BLOG PERMITS - NAPLES 11313890032211000000 $596.00 I I 08EMSI I EMS IMPACT FEES UNINC. 35014047036385000000 $102.95 08FLNN FIRE< 1 MILLION-NORTH NAPLES 11300000020910100000 $350.22 08JAIL JAIL IMPACT FEE 38111043036380100000 $78.34 I 08MFSG MICROFILM SURCHARGE ,11313890034144200000 $3.78 ! 08NNIM NORTH NAPLES FIRE IMPACT 11300000020981000000 $376.65 08RDGS BLDG. PERMIT SURCHARGE 11300000020880000000 $12.56 08BACR BLDG. PERMIT APP. FEE CREDIT 11313890032251000000 $-125.55 08APPF FIRE PLAN REVIEW APP FEE 11300000020910200000 $-120.38 ]08FPRF I FIRE PLAN REVIEW FEE 11300000020910200000 $120.38 Total $1407.51 Payments Total Paid I Amount $1407.51 $0.00 I $1407.51 $1407:;r I~~ Pa ment Code CHECK AccounUCheck Number 30303 Total Cash Total Non-Cash Memo: MAR 1 1 2003 pc. 5" Collier County Board of County Commissioners CD-Plus for Windows 95/NT Cashier/location: GARRETT_S / 1 User: CRONBERG_D Printed:1/24/2003 12:58:26 PM Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number 325709 Date 4/10/20029:10:26 AM Post Date 4/10/2002 Address: 106 MOORINGS PARK DR Owner: MOORINGS INC, THE COA #: Permit Type: BCOT Job Desc: DEMO CARPORT/REPLACE W/GARAGE C-1 Applicant: JANET EDWARDS DBA: COMPASS CONSTRUCTION, INC. Swr Meter: Wtr Meter: Payor: COMPASS Fee Information i Fee Code I Description GL Account Amount Waived i 08BCAI BLDG.CODE CERT. SURCHARGE 11300000020882000000 $12.56 i 08BPNP BLDG PERMITS - NAPLES 11313890032211000000 $596.00 08EMSI EMS IMPACT FEES UNINC. 35014047036385000000 $102.95 ! 08FLNN FIRE< 1 MILLION-NORTH NAPLES 11300000020910100000 $350.22 ~ 08JAIL JAIL IMPACT FEE 38111043036380100000 $78.34 I 08MFSG . MICROFILM SURCHARGE 11313890034144200000 $3.78 i 08NNIM I NORTH NAPLES FIRE IMPACT 11300000020981000000 $376.65 : 08RDGS BLDG. PERMIT SURCHARGE 11300000020880000000 $12.56 : 08BACR BLDG. PERMIT APP. FEE CREDIT 11313890032251000000 $-125.55 i 08FPRF i FIRE PLAN REVIEW FEE 11300000020910200000 $120.38 I 08APPF · FIRE PLAN REVIEW APP FEE 11300000020910200000 $-120.38 Total $1407.51 Payments Total Cash Total Non-Cash Amount $1407.51 $0.001 $1407.51 ,Pa ment Code CHECK Account/Check Number 30303 Total Paid ~~ MAR 1 1 2003 Memo: Collier County Board of County Commissioners CD-Plus for Windows 95/NT Cashierllocation: GARR User: POTTER_ T Printed:1/24/2003 12:58:39 PM .,..,.. ~-'~~ ~- t~~. Official Receipt - Collier County Board;of County Commissioners CDPR1103 - Official Receipt Trans Number 310888 Date 1/22/2002 8:43:37 AM Post Date 1/22/2002 Address: 104 MOORINGS PARK DR Owner: MOORINGS INC, THE COA #: Permit Type: BC3A Job Desc: DEMO 12 UNIT CARPORT & REPLACE WITH 4000 SQ/FT GARAGE BLDG 0 Applicant: DAVID HILLAIRD DBA: COMPASS CONSTRUCTION, INC. Swr Meter: Wtr Meter: Payor: COMPASS Fee Information r Fee Code Descriotion GL Account Amount Waived i 08BCAI BLDG.CODE CERT. SURCHARGE 11300000020882000000 $20.00 ! 08BPNP BLDG PERMITS - NAPLES 11313890032211000000 $878.00 08EMSI EMS IMPACT FEES UNINC. 35014047036385000000 $164.00 08FLNN FIRE< 1 MILLION-NORTH NAPLES 11300000020910100000 $380.00 I 08FPRF FIRE PLAN REVIEW FEE 11300000020910200000 $220.00 : 08JAIL JAIL IMPACT FEE 38111043036380100000 $124.80 ; 08MFSG MICROFILM SURCHARGE 11313890034144200000 $3.00 i 08NNIM NORTH NAPLES FIRE IMPACT 11300000020981000000 $1200.00 08RDGS BLDG. PERMIT SURCHARGE 11300000020880000000 $20.00 I 08BACR BLDG. PERMIT APP. FEE CREDIT 11313890032251000000 $-100.00 08APPF FIRE PLAN REVIEW APP FEE 11300000020910200000 $-190.00 Total $2719.80 Payments Total Cash Total Non-Cash Amount $2719.80 $0.00 I $2719.80 Pa ment Code CHECK AccounUCheck Number 29341 Collier County Board of County Commissioners CD-Plus for Windows 95/NT Cashier/location: GARR User: POTTER_ Printed:1/24/2003 12:58:46 PM $2719.80 "GEt<<l~TEM 9'" No. / A MAR 1 1 2003 ~1 7 - I Total Paid Memo: Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number 310887 Date 1/22/20028:42:56 AM Post Date 1/22/2002 Address: 104 MOORINGS PARK DR Owner: MOORINGS INC, THE COA #: Permit Type: BC3A Job Desc: DEMO 6 UNIT CARPORT & REPLACE WITH 2000 SQ/FT GARAGE BLDG 0 Applicant: DAVID HILLAIRD DBA: COMPASS CONSTRUCTION, INC. Swr Meter: Wtr Meter: Payor: COMPASS Fee Information ! Fee Code Descriotion GL Account Amount Waived 1 08BCAI BLDG.CODE CERT. SURCHARGE 11300000020882000000 $10.00 ! 08BPNP BLDG PERMITS - NAPLES 11313890032211000000 $668.00 08EMSI EMS IMPACT FEES UNINC. 35014047036385000000 $82.00 08FLNN FIRE< 1 MILLION-NORTH NAPLES 11300000020910100000 $340.00 08FPRF FIRE PLAN REVIEW FEE 11300000020910200000 $150.00 I 08JAIL JAIL IMPACT FEE 38111043036380100000 $62.40 1 08MFSG MICROFILM SURCHARGE 11313890034144200000 $3.00 I 08NNIM NORTH NAPLES FIRE IMPACT 11300000020981000000 $600.00 ! 08RDGS BLDG. PERMIT SURCHARGE 11300000020880000000 $10.00 i 08BACR BLDG. PERMIT APP. FEE CREDIT 11313890032251000000 $-100.00 08APPF FIRE PLAN REVIEW APP FEE 11300000020910200000 $-120.00 I Total $1705.40 Payments Total Cash Total Non-Cash Amount $1705.40 $0.00 I $1705.40 Pa ment Code CHECK Account/Check Number 29341 Total Paid Memo: Collier County Board of County Commissioners CD-Plus for Windows 95/NT Cashier/location: GARR User. POTTER_ Printed:1/24/2003 12:58:52 PM ;,., EXECUTIVE SUMMARY APPROVAL OF ONE (1) IMPACT FEE REIMBURSEMENT OF $173.28 DUE TO BUILDING PERMIT CANCELLATION OBJECTIVE: To obtain Board of County Commissioners approval of one (1) impact fee reimbursement, due to the cancellation of Building Permit Number 2002091141, totaling $173.28. - CONSIDERA TIONS: Following recent discussions between county staff and the staff of the Clerk of Courts. it has been jointly determined that requests for impact fee reimbursements will now be forwarded to the Board for approval. Until recently, such requests were approved at the Division Administrator level; however, no County regulation expressly gave such authority. Staff will be preparing an ordinance to amend Chapter 74, Section 203.B of the Collier County Code of Laws and Ordinances, the Collier County Consolidated Impact Fee Ordinance, 2001-13, as amended. Among the various updates to administrative provisions regarding impact fee assessments will be specific criteria and procedures for processing routine and non-routine requests for impact fee reimbursements. Kraft Construction Company Inc. ($173.28) - Permit Number 2002091141 for the construction of a storage shed has been cancelled, per the customer's letter (attached). Customer also requests impact fees paid on this permit be reimbursed. FISCAL IMPACT: The recommended Impact Fee reimbursements will be transacted as debit entries against the applicable revenue budget line items in the following amounts: Jail - Emergency Medical Services - $ 74.88 $ 98.40 Total: $173.28 GROWTH MANAGEMENT IMPACT: Remittance of the requested impact fee reimbursements will not adversely affect capital project funding. - RECOMMENDA TION: That the Board of County Commissioners approves the requested impact fee reimbursement, totaling $173.28. AGENDA I~ Q No. I ~ tL'--r MAR 1 1 2003 pc. ) Impact Fees Reimbursement - Kraft Construction REVIEWED BY: Denny Baker, Director Financial Administration and Housing Department APPROVED BY: Date:.Lp. ~f' ~ Page 2 .. /tA!q MAR 1 1 2003 Pt. ~ ',", ~~~~ KRFlFT CONSTRUCTION COMPANY. INC ~r'. rlNAL TYPING January 6, 2003 CANCELLED Collier County Government Community Development and Environmental Services Division Building Review and Permitting Department 2800 North Horseshoe Drive Naples, FL 34104 Re: Building Permit #2002-0911t41 Storage Building #6 To Whom It May Concern: We have been advised by the Owner, FERMM LLC, that the Storage Building #6 referenced above will not be constructed. Please issue any credits due for the permit and impact fees. If you have any questions, do not hesitate to contact me at 239-348-2589. Sincerely, Kraft Construction Company, Inc. . ~~f&-.--'_'''' ~: L. Carsello Chairman ~//~~.3 Notary Public Date Cc: Mike Demecly Frank Potestio, FERMM LLC AGEN>ArrEMo No. /to/L ~ MAR 1 1 20C3 3 Pee TEME K. MOWN MY COMMISSION , CC 8CiMe3 EXPIRES: = 15.2003 1IClndIII~~ ~ ~ · 2606 S. Horseshoe Drive · Naples. Florida 34104 . (941 ) 643-6000 . Fax (941 ) 643-aoso 01058 N. Tamiami Trail · Sarasota. Florida 34236 . (941) 33aa990 . Fax (941 ) 330-8994 Permit Payment Fee History Report CDPRl121 - Permit Payment Fee History Report PAYMENT SLIP NBR: PT-2002091141 PERMIT NBR 2002091141 TYPE BC3 STATUS CANCEL MASTER NBR JOB DESCRIPTION STORAGE BLDG # 6 JOB PHONE (239)593-9641 CERT NBR 13954 DBA KRAFT CONSTRUCTION CO.. INC. OWNER INFORMATION FERMM LLC TR NBR FEE CODE DESCRIPTION WAIVE STATUS AMOUNT DUE AMOUNT PAID DATE PAID 357888 08APPF FIRE PLAN REVIEW APP F N POSTED 70.00 70.00 9/17/2002 357888 19APFA ADEOUATE PUBLIC FACILI N POSTED 50.00 50.00 9/17/2002 3578BB OBBAPM BLDG. PERMIT ADDIT. AP N POSTED 100.00 100.00 9/17/2002 373525 OBBCAI BLDG. CODE CERT. SURCHA N POSTED 12.00 12.00 11/27/2002 373525 OBBPNP BLDG PERMITS - NAPLES N POSTED 443.00 443.00 11/27/2002 373525 OBEMSI EMS IMPACT FEES UNINC. N POSTED 98.40 9B.40 11/27/2002 373525 08FLGG FIRE< 1 MILLION-GOLDEN N POSTED 348.00 34B.00 11/27/2002 373525 08GGIM GOLDEN GATE FIRE IMPAC N POSTED 720.00 720.00 11/27/20(\," 373525 OBJAIL JAIL IMPACT FEE N POSTED 74.BB 74.88 11/27/20 373525 08MFSG MICROFILM SURCHARGE N POSTED 3.00 3.00 11/27/200... 373525 08RDGS BLDG. PERMIT SURCHARGE N POSTED 12.00 12.00 11/27/2002 373525 OBBACR BLDG. PERMIT APP. FEE N POSTED -100.00 -100.00 11/27/2002 373525 OBFPRF FIRE PLAN REVIEW FEE N POSTED 70.00 70.00 11/27/2002 373525 OBAPPF FIRE PLAN REVIEW APP F N POSTED -70.00 -70.00 11/27/2002 TOTAL DUE 1. B31. 2B TOTAL PAID 1. B31. 28 :it'7('q-1 i MAR 1 1 2003 , pt. ~ Collier County CD-Plus for Windows 95/98/NT Printed on: 1/24/2003 2:26:41PM Page 1 of 1 _ Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number 373525 111271200%3:16:58 PM Address: 8267 KEY ROYAL CIR Owner. FERMM LLC COA #: 02-4427 Permit Type: BC3 Job Desc: STORAGE BLDG ., 6 Applicant: NOLENS PERMlmNG - SHARON DBA: KRAFT CONSTRUCTION CO., INC. Swr Meter. Wtr Meter. Payor: KRAFT Fee Information Fee Code DescriDtlon GL Account Amount Waived 08BCAI BLDG. CODE CERT. SURCHARGE 1130000002088200000o $12.00 ~ 08BPNP BLDG PERMITS - NAPLES 1131389003221100000o - S443.oo ... '1~1 . "n 08EMSI EMS IMPACT FEES UNINC. 350 14047036385OOQ()QO $98.40 08FLGG FIRE< 1 MILLlON-GOLDEN GATE 11300000020940100000 $348.00 08GGIM GOLDEN GATE FIRE IMPACT 113()()()()0020980000000 - $720.00 OSJAlL JAIL IMPACT FEE 38111043036380100000 $74.88 08MFSG MICROFILM SURCHARGE 11313890034144200000 $3.00 08ROGS BLDG. PERMIT SURCHARGE 11300000020880000000 $12.00 08BACR BLDG. PERMIT APP. FEE CREDIT 11313890032251000000 $-100.00 08FPRF FIRE PLAN REVIEW FEE 11300000020910200000 $70.00 08APPF FIRE PLAN REVIEW APP FEE 11300000020910200000 $-70.00 Total 51611.28 Payments Pa ment Code CHECK Account/Check Number 42849 $O.ool $1611.28 Total Cash Total Non-Cash Collier County Board of County Commissioners CO-Plus for Windows 95/NT . Cashier/loCatiOn: CO User. pone Printed: 111 012003 5:32:23 PM r $1611.281 AGENDAntIoI ~ No. It!) ~ MAR 1 1 2003 RZC M "i s: -.. R Total~aid Memo: EXECUTIVE SUMMARY ,.........",' FINAL ACCEPTANCE OF MATER UTILITY FACILITIES FOR CARLTON LAKES, TRACT D OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water facilities. CONSIDERATIONS: 1) The Developer of Carlton Lakes, Tract 0, has constructed the water facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on February 2, 2000, in accordance with Ordinance 2001-57. 3) Staff has recorded all appropriate legal documentation which had been reviewed by the County Attorney's office for legal sufficiency. ~_. 4) The water facilities have been operated and maintained by the Collier County Water-Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), in the form of Cashier's Check, in the amount of $8,863.50, will be released to the Project Engineer or the Developer's designated agent upon the Board's approval. 7) Water Facilities have been reviewed by Roy Anderson of Public Utilities. He has approved Executive Summary for Final Acceptance via email dated February 10, 2003. FISCAL rMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water facilities will be paid by monthly user revenues. "GEt<<>" IttM 0 NG./&11 ~ MAR 1 1 2003 pe. I ,- Executive Summary Carlton Lakes, Tract D Page Two GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant. Capacity presently exists to serve this project. RECOMMENDATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water facilities for Carlton Lakes, Tract D, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: .~!t2/ ~ Sherry ton, Englneerlng Technician Engineering Services 02/21/03 Date RE~Ypill Thomas E. Kuck, P.E. Engineering Services Director 02/21/03 Date APPROVED BY: inistrator AND ENVIRONMENTAL SERVICES d2t.(~:3 iba tk "GEN>A IttM 0 NG.-&.8J MAR 1 1 2003 pc. .2.. -- IiIo. r-l H ID II _11111._ H .- .- 0 ,..- '+of .- Q D ~ .J! . CJ cO H C4 if E-c ;:)a CIl Go. ID ~ I as ..:l = 0 ~ r-l H as -to) Ct __ a , \0 N .-4 CI) ClO~ ~ =.... II as = CO i. ~= ..;t I "Ill" awnu .. III " COlD ..;t - ..;t..!lll I as III ~..:l CI) ..... ClO ~= al III 0 ~ =~ :ar-of . o H IJ E-cal c.J ~ .. ~ -- O\'+of II, .-40 ..!III 0 =..., 0 0 ~ ....~ ~CJ ~ - CJ cO as ID H r-l tl]E-c ~ - .. -, I ~. 0 .... Iii E-c p.. .... ~ to) tI] .~ ~ ..:l ~A ITEM -< No. /J ,0 c:.!) ~ ...1 MAR 1 1 2003 : .' .3 I pt. II _. j1:IDARO OFCOUNTYC(Ml11 SSIONERS.. n......~ ................ Dat~uDEC'11.i999 $ ..........8.863.50 EIGHT THOUSAND EIGHT HUNDRED SIXTY THREE AND ~. ~iJelfB=~~~=.;.~..~dcl> SO/lOO......................... DRAWER:FlRSTU~NA~~. t!~~.4<<. III lOO L. q llll I: lO 2003 q 1.81: 1;80008 3q 1qa 25101 .::J~,...I....I:'._.....a:..._:_..IaI.HIII..l:t:lr...I=-.:II:II.I.I.'lfll::lo,....:I'.l~...M..l..........I.'.'.....If........I.I...:.I..:II...I._4:1=-::I....I'Is.......'.:I...:...I~."n.:I.....ra.....:I...ln:i..s.......JlI:8I,.,:._Al..IIJa :JJ;lr1o MAR 1 1 2003 pt. 4- Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt . Trans Number 173672 Date 01/06/20003:15:19 PM Post Date 01/06/2000 Nbr NTC DEVELOPMENT CARLTON LAKES, TRACT D Payor: NTC DEV Fee Information Fee Code Description I GL Account 12BOND DEPOSITS-COMM DEV (CASH BOND) 67000000022011300000 Total Amount I Waived $8863.50 I $8863.50 Payments ~. Payment Code CHECK Account/Check Number 839798257 Amount i $8863.50 i Total Cash Total Non-Cash $0.00 I $8863.50 $8863.50 I Total Paid Memo: Cashierllocation: FROLOFF _E 1 1 User: NIX_S Collier County Board of County Commissioners CD-Plus for Windows 95/NT :zt ITEM No. 11 I'D MAR 1 1 2003 Prin ed:01/~00 3:15:49 ~M Pt. EXECUTIVE SUMMARY FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR CARLTON LAKES, TRACT U OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water facilities. CONSIDERATIONS: 1) The Developer of Carlton Lakes, Tract U, has constructed the water facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on April 19, 2001, in accordance with Ordinance 2001-57. 3) Staff has recorded all appropriate legal documentation which had been reviewed by the County Attorney's office for legal sufficiency. 4) The water facilities have been operated and maintained by the Collier County Water-Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), in the form of Cashier's Check, in the amount of $9,214.55, will be released to the Project Engineer or the Developer's designated agent upon the Board's approval. 7) Water Facilities have been reviewed by Roy Anderson of Public Utilities. He has approved Executive Summary for Final Acceptance via email dated February 10, 2003. FISCAL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water facilities will be paid by monthly user revenues. AGENDA ITEM NG.JWLLl MAR 1 1 2003 PJ.J .- Executive Summary CARLTON LAKES, TRACT U Page Two GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant. Capacity presently exists to serve this project. RECOMMENDATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water facilities for Carlton Lakes, Tract U, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: ~~h___ Sherry Eaton, Englneerlng Technician Engineering Services 02/21/03 Date ,.~'"-' REV~ P d! Thomas E. Kuck, P.E. Engineering Services Director 02/21/03 Date APPROVED BY: inistrator AND ENVIRONMENTAL SERVICES ~.f;: 3 Date attachments AGEN)A IttM NG./ /if! L \ MAR 1 1 2003 pc. Z ,- A. "; :;. . I' I I I I , I I , I ! ! i . I I . I I I I ~ ..~ ~ :.-': . ~. Q.;. <( ~ z o t= <(.-. . "'""-.- -~" '0" -.J ~- .~. II( ./'... OY01l33"lY>lOflnl I "i'-~"~'~-' -"'~~r"~~'::''''<{''{'~'''''''''}J.' ," ~~;P" ;.~,;.'. ~'"l.'~~~:.;~!' <:.:.:: .,~:_ ' .~ ~,. = ..., U ftS ... E-t II CU oW ftS ~ C o ~ .... 10( ftS CJ -. toO N CU t:I C ftS p::: -. co ~ Q. .f'4 ,c fIJ C :II o E-t -. '" ..... c o "f'4 ~ U CU rn .. ,- :z o 1-4 E-t ~ 1-4 p::: CJ rn ra3 Q ~ o ~ ~ AGEN)A ITtM Ho..11.dL.1.1 MAR 1 1 2003 PI. 3 .:':'>~ ""-. I....:.. ....... ." ;aoP~haseNICbEVFLOPME NT1..~~t.'. i~f ..~~i~!. 1 ~ ~ ~ NINE IanI<NaIi<lnaI~~,~ver.~dl> . ..... . BOARD OF COlL IEH COlJN rYCorvY~ I 55 1 ONEHS..... u...........t ; .~~; " ....... '.'- .... -" . '.-. " ....... ,.' '.. Date .. . AflR 1~.200J' Pay to the order of $ IlRAWEA'RIlS\"~ jf~l;';' <;.:.:";;. :;. >,/f. III .00l.g .111 1:.0 200 ~g .81: 1;8000 gg~2?l.I;I;~.. _ .:':&'1..."..".,..."'.."....:.., :,.,.",,,,..,, "...,... "....lIl1l"" ,,,,,...:'.'''n........'.....n''...'''.... ..,I"a,...' ",,,,:,.. "11'.' .".", "":...."........,."...,...."'.",..,,.....,... ..."'..'n'.........."'.."..:'..~""". ~ " 3rL\ MAR 1 f 2003 Pc.-f- Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number 258030 Date 04/16/2001 2:15:23 PM Post Date 04/1612001 Nbr NTC DEVELOPMENT CARLTON LAKES, TRACT "U" Payor: NTC DEV Fee Information Fee Code . Description I GL Account Amount Waived . 12BOND ! DEPOSITS-COMM DEV (CASH BOND)67000000022011300000 $9214.55 . Total $9214.55 Payments i Pa ment Code i AccounUCheck Number I CHECK ,993274663 Total Cash Total Non-Cash Amount $9214.55 $0.00 I $9214.55 $9214.55 I Total Paid Memo: Cashier/location: FROLOFF _E / 1 User: NIX_S AGEN)A ntM No..&lL.t\ MAR 1 1 2003 Pf....B Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:04/ EXECUTIVE SUMMARY FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR LAKEVIEW SE, TRACT G @ CARLTON LAKES OBJECTrvE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water facilities. CONSIDERATIONS: 1) The Developer of Lakeview SE, Tract G @ Carlton Lakes, has constructed the water facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on July 7, 1998, in accordance with Ordinance 97-17. 3) Staff has recorded all appropriate legal documentation which had been reviewed by the County Attorney's office for legal sufficiency. -- 4) The water facilities have been operated and maintained by the Collier County Water-Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), in the form of Cash Bond, in the amount of $10,743.85, will be released to the Project Engineer or the Developer's designated agent upon the Boards approval. 7) Water Facilities have been reviewed by Roy Anderson of Public Utilities. He has approved Executive Summary for Final Acceptance via email dated February 10, 2003. FISCAL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water facilities will be paid by monthly user revenues. ,- :;r;7f l MAR 1 1 2003 - J PI. Executive Summary Lakeview SE, Tract G @ Carlton Lakes Page Two GROWTH ~AGEMENT rMPACT: This project has been connected to the County Regional Water Treatment Plant. Capacity presently exists to serve this project. RECOMMENDATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water facilities for Lakeview SE, Tract G @ Carlton Lakes ., and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: ~~~ Sherry Eon, Englneerlng Technician Engineering Services 02/21/03 Date R~ f? iJ Thomas E. Kuck, P.E. Engineering Services Director 02/21/03 Date APPROVED BY: ~"h Da tie Sc mitt, Admlnistrator DEVELOPMENT AND ENVIRONMENTAL SERVICES attachments "GEN:>A ITEM No.~ MAR 1 1 2003 p,. z.. >,- ~ ~. ~ ~ g VlCINITY MAP CiS.ON RC~~ UVlN . -'~SCRIPTlb~: 48, Range LEGAL D9 Townsh~p Carlton Section IS'utheast at Lakeview Ot G Lakes, Trac 26, ..:.~~ ~ MAR 1 1 2003 3 p,. ~'.'- .. '. -';.;~.;-":. -:. .:' ~ .~ ..~" 10. . :.,'1.... "-. ..:.'.:"."'..... ',":'. . -' '-~ :-"'-" ::: :c-. :..-':. .',.- ': ..': ".: ". '_ :_' :'..: ,'-_ _ ,'- ':.0:'.'--- ,". BoAAi;:OF c~: ~ISSIONERS*~uh*u **** t*Ui****~****....$. .. .. ---- - . . ,.'- .....- .--.. -- .--. - .. .. ..... .....-.- "- -- ._-. ',. . '. -..... '. . -. . - . ......-. .....','-. '- '--. . ...-..... ",'.'. . lssuSd By Ilttegrated PaYment S)'$tems Inc., EOOlewood,CoIOrado llbmanaI A6sooa1iCln,.Der:I\/Bt. CllI<ndc>.... .. .... . . u- ~OO L. q ~IJII I: ~o 2003 q ~BI: GBOOOqG?L.qqq?I." ':'_"":ir":I.a"J~'.:r...:..et:l'J'I~".'UI...tI_':"=-'I'J.'....I::IO"....r....I..:s...........I:...:r.ullr..........'a:I...r.I........::1.(.1.',..,..1:1:.:11:....................:1.......12....11.:1.....1..,......I:..I.,...........Ii'I:.I....:I:.'.II.J... "V OateMAV:'Oofl~8'/ "GEN)A rTEM 'l No.~ MAR 1 1 2003 pt. tf Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number 73225 Date 5/8/98 12:22:52 PM Post Date 5/8/98 Nbr LAKEVIEW SE @ CARLTON LAKES, TRACT G Payor: NTC DEV Fee Information Amount i Waived $10743.85 $10743.85 Payments Pa ment Code CHECK Account/Check Number 967499971 Total Cash Total Non-Cash Amount $10743.85 $0.00 $10743.85 $10743.851 Total Paid Memo: Cashiernocation: FROLOFF _E / 1 User: NIX_S Collier County Board of County Commissioners CD-Plus for Windows 951NT AGENDA I~ ') No.l~A \~ MAR 1 1 2003 PI. l3 Printe .-'-'-- . ......~ -'v, EXECUTIVE SUMMARY ,-- REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF RMAJORS", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Majors", a subdivision of lands located in Section 28 Township 51 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: ,~- Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Majors". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Majors" be approved for recording. FISCAL IMPACT: The project cost is $1,084,563.81 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $368,840.00 - $715,723.81 The Security amount, equal to 110% of the project cost, is $1,193,020.19 ~ MAR 1 1 2003 pc. J ,- Executive Summary Majors Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $19,687.24 Fees are based on a construction estimate of $1,084,563.81 and were paid in October, 2002. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)-$ 610.00 b) Construction Drawing Review Fee Water & Sewer (.50% const. est.) - $1,844.20 Drainage, Paving, Grading (.42% const. est.)-$3,006.04 c) Construction Inspection Fee Water & Sewer (1.5% const. est.) - $5,532.60 Drainage, Paving, Grading (1.3% const. est.) - $9,304.40 GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues HISTORICAL/ARCHEOLOGICAL IMPACT: There are no historical or archeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Majors" for recording with the following stipulations: 1. Approve the amount of $1,193,020.19 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. ~ MAR 1 1 2003 2- PI. Executive Summary Majors Page 3 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: ~~ ~~~\~l"~ John R. Houldsworth, Senior Engineer Engineering Review \1.\~~l6'Z.. Date REVIEWED BY: ~ r: iLP. Thomas E. Kuck, P.E. Engineering Review Director, County Engineer Z/19/tJ3 Date APPROVED BY: Schm' t, AdminIstrator Development & Environmental Services &~.LI,., ~ AGENlApj NG. JC; to MAR 1 1 2003 PC..3 a.. ~ :J: IJJ t- - en ..... Ol .... / - .. ~ II III :II UI" ~ II e Ii 3 a.. I ~ :J: Z 0 - ~ U 0 I ...J 8 ~ 51 U ;;; ~ ~I CJ ~8 I .. III III ~ " -~-,.,- "~---- EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "TWIN EAGLES PHASE TWO A-l", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Twin Eagles Phase Two A- 1", a subdivision of lands located in Section 20 Township 48 South, Range 27 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: .......... Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of I'Twin Eagles Phase Two A-1". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Twin Eagles Phase Two A-1" be approved for recording. This is a 28 Lot subdivision being developed by Twin Eagles Development Co. Ltd. The Executive Summary has been reviewed and Transportation Services and Public Works Utilities. approved by FISCAL IMPACT: The project cost is $1,375,424.03 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $531,114.50 - $844,309.53 ~A;r Ji MAR 1 1 2003 I Pe. The Security amount, equal to 110% of the project cost, is $1,512,966.43 Executive Summary Twin Eagles Phase Two A-1 Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $15,887.12 Fees are based on a construction estimate of $1,688,61.9.05 (water & sewer are Orangetree Utilities) and were paid in August, 2002. The breakdown is as follows: a) Plat Review Fee ($500.00 + $5./ac)$ 1,365.00 b) Construction Drawing Review Fee Water & (Orangetree Utilities Sewer (.50% const. est.) $ -0- Drainage, Paving, Grading (.42% const. est.)$ 3,546.10 c) Construction Inspection Fee Water & (Orangetree Utilities) Sewer (1.5% const. est.) - $ -0- Drainage, Paving, Grading (1.3% const. est.) - $10,976.02 GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues HISTORICAL/ARCHEOLOGICAL IMPACT: There are no historical or archeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Twin Eagles Phase Two A-1" for recording with the following stipulations: 1. Approve the amount of $1,512,966.43 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. :rt:/4-y MAR 1 1 2003 pt. 2.. Executive Summary Twin Eagles Phase Two A-I Page 3 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: ~;;'~. \ \~~1:g~~rth, Senior Engineer Engineering Review ~ Date REVIEWED BY: -L fJ 11d Thomas E. KUCK, P.E. Engineering Review Director, County Engineer z/?c7tJ~ Date APPROVED BY: ~~3 te fC o eph K. S mitt, Administrator (j?mmunity Development & Environmental Services AGEN>A ITEM No. '&11 I '-t MAR 1 1 2003 pt. '3 - ~ II = II = = " Ii ~ I I ! II .... ~ .... II ~ ... ; I ~ i I I g i :; !!l ~ ... - ,.... .... '" ... .11 ....- ~ ::--- I~\ ~ ~~ II . , " I ! '" .... l; :; - .,. Z - w2 i~ !::~ - me) ii 'l 9 ! r-- - . :: :: R ~ a.. <( 2: UJ to- - en ..... QL - / .. - - ~;!I I : I ~ ~II : II i I 'II:: - Iii II ~ :: Iii Jl Iii ..1I":Il a.GI..,............... Id Il II ;! :1111 i,l c~ 2!1IJ1 ..:11'1 :1111 ; ~~i .. ~i Iii -Iii ~ Iii ~Iii I I -- -- e II e II II II 6, i" af! i i,l i:: a.. I · ::IIi .Ii <( . ~~ =Ii Hli :i I! I I I I I 2: II Z II i. 0 ill lil II R ":i - . I~ ~ I! I U I II 0 i~ ..J ~z = I II lIi .11 w2 = ...,~ ~ Oe) fg NG. >- I- Z i ::J i 0 :! :! :; Q 'I u I I w PI. w ...J '------ ->-"-,_._~._~_._.., ~ ~ i EXECUTIVE SUMMARY ....'- REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "TWIN EAGLES PHASE TWO A- 2" , AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Twin Eagles Phase Two A- 2", a subdivision of lands located in Section 20 Township 48 South, Range 27 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: "- Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Twin Eagles Phase Two A-2". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Twin Eagles phase Two A-2" be approved for recording. This is a 23 Lot subdivision being developed by Twin Eagles Development Co. Ltd. The Executive Summary has been reviewed and Transportation Services and Public Works Utilities. approved by FISCAL IMPACT: The project cost is $1,375,424.03 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $531,114.50 - $844,309.53 -- The Security amount, equal to 110% of the project cost, is $1,512,966.43 :r&Ar6 MAR 1 1 2003 pt. J Executive Summary Twin Eagles Phase Two A-2 Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $15,652.12 Fees are based on a construction estimate of $1,375,424.03(water & sewer are Orangetree Utilities) and were paid in August, 2002. The breakdown is as follows: a) Plat Review Fee ($500.00 + $5./ac)$ 1,130.00 b) Construction Drawing Review Fee Water & (Orangetree Utilities Sewer (.50% const. est.) $ -0- Drainage, Paving, Grading (.42% const. est.)$ 3,546.10 c} Construction Inspection Fee Water & (Orangetree Utilities) Sewer (1.5% const. est.) - $ -0- Drainage, Paving, Grading (1.3% const. est.) - $10,976.02 GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues HISTORICAL/ARCHEOLOGICAL IMPACT: There are no historical or archeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Twin Eagles Phase Two A-2" for recording with the following stipulations: 1. Approve the amount of $1,512,966.43 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. ~A ITEM NG. fJ ,S MAR 1 1 2003 pt. Z - Executive Summary Twin Eagles Phase Two A-2 Page 3 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security am1 an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: J~h';;\ RI.~~~~~~rth, Senior Engineer Engineering Review ~ Date ~:;!? IjJ Thomas E. Kuck, P.~ Engineering Review Director, County Engineer ?~/df D6te APPROVED BY: Schm' t, Admin1strator Development & Environmental Services ~ 4GEH}J'!EM - NG. ) l..P111"0 MAR 1 1 2003 pt. 3 ,-.. -- I - = II = .. - = i i a i ::I ... ..... .... r-- ! ~ I " ::I I I I I I I I I I I ..... I ....... -- .., : 'jl II ~ II ~ ! i i L--- ~~ Z 0 =a w- !::~ I~ coO 9 - . ~ :: II a.. <t ~ LLI t- - en rwoo .. .... / Z:- - II I : I ~ ~Il~ II _ 3111 i I 3; :: -Iii s l Il In 'I Ii i 1M Y:II ..- _...,..,. 1:1 ; ~ o~;I! Jill! ~;1I i: Ii: ~Illl ; ~~I ., ~I -IBi -Iii IlIBi :;;151 1 I -- -- e Il II II R II ii. ill ill i. 5: 50: . ~i l!li N~i Illi ;IIi .Ii 1 I I I I I II iii 51! Il R "=i I I l! tz I i~ ... w2 l! l! :II ~ .ll -.~ 00 ::9 No. >- f- MAlt 1 1 z ::) i 0 i u !! I ::! . II " PI~~~ I .. w W ...J ... I i ~ i a.. <t ~ z o - ~ u o ..J \5 EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENT IN THE AMOUNT OF $52,000 TO SUPPORT COURT-APPOINTED RECEIVERSHIP OPERATION OF THE LEE CYPRESS WATER AND SEWER COOPERATIVE ($10,000) AND REIMBURSEMENT OF PUBLIC UTILITIES DIVISION (APPROXIMATELY $42,000) FOR PERSONNEL, EQUIPMENT, AND MATERIAL COSTS RELATED TO THE EMERGENCY OPERATION, REPAIR, AND WATER QUALITY TESTING PERFORMED AT THE LEE CYPRESS WATER AND SEWER COOPERATIVE, AS RECOMMENDED BY THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY OBJECTIVE: Approval of the budget amendment to provide adequate funds to continue the receivership and reimburse the Public Utilities Division for emergency services performed at the request of the receiver. CONSIDERATIONS: Lee Cypress Water and Sewer Cooperative, located in Copeland, Florida, is a co-operative utility, owned and operated by the approximately 50 to 70 customers it serves. On May 28,2002, the Board approved a request from Florida Department of Environmental Protection to authorize Collier County to act as the Circuit Court- appointed Receiver to coordinate the interconnect of the Lee Cypress sewer system to the City of Everglades sewer system prerequisite to taking the non-compliant Lee Cypress wastewater treatment plant out of service. At that tim~ it was not known, or easily estimated, to what extent funds for administration of the receivership would be required. The Board approved funding of $30,000 at staff's request. On June 11, 2002, Circuit Court Judge, Ted Brousseau, appointed Bleu Wallace, Director, CDES Operations and Executive Director of the Collier County Water & Wastewater Authority, as the Court-appointed Receiver. In September 2002, multiple discrepancies/malfunctions were discovered by FDEP in both the water and sewer systems and FDEP reported these problems to Bleu Wallace in his capacity as the Court-appointed Receiver. FDEP also advised that the previous certified operator had relocated and required water quality tests were not being performed. Bleu Wallace called on Public Utilities Administrator, Jim DeLony, to assist in the immediate emergency operatio~ repairs, and water quality testing of the water and sewer systems. "Boil Water" notices were issued to water customers of Lee Cypress and water testing was initiated. The water treatment plant and storage tank required sanitizing and a new chlorinator installed. Bottled water was provided the customers during the 10-day "emergency period." Once the acceptable chlorine residual was established, the "boil water" notice was lifted. "GEN:>A ITEM. . NG.J Ca A- l!p MAR 1 1 2003 - I pt. _. Public Utilities personnel responded to this potentially pubic safety hazardous situation with dispatch, repairing many substandard conditions of the water and sewer plants. Receiver Wallace, advised the Court of the malfunctions and petitioned the Court to also place the potable water plant and potable water distribution system under his Receivership to stabilize both the sewer and the water systems and to establish a degree of operational reliability. The Court placed the water system under Bleu Wallace's receivership as of October 24, 2002. Operators and field crews from the County's Water Department and Sewer Departments operated the system until Wallace was able to secure services of an independent certified operator to oversee the water and sewer plants and to effect further needed repairs. TS Environmental Services assumed operation of the plants from Public Utilities Division on November 1,2003. On two occasions Public Utilities have assisted TS Environmental with lift equipment to effect pump repairs. Several malfunctions have since been timely reported to Bleu Wallace by the independent operator. On each such occasion, Wallace has authorized immediate, emergency repairs in an effort to instill the required degree of reliability in both systems. This arrangement with the operator making daily visits to both treatment plants has resulted in early identification of potential operational problems and has, at long last, satisfied the FDEP. Of the original $30,000 funding approved by the Board, the following has been disbursed to date: Payment of Sewer Connection Fees to City of Everglades Independent Plant Operator Services, Repairs, Testing November 2002 December 2002 January 2003 $ 20,838.00 1,792.00 1,783.00 2,463.00 $ 26,876.00 In February 2003, Bleu Wallace received the billing from the Public Utilities Division for personnel time, equipment, and materials for the work performed during the period of September-December 2002, totaling some $42,000. On February 24,2003, members of the Collier County Water & Wastewater Authority were provided a tour of Lee Cypress and were shown the extent of recent repairs of the Lee Cypress water and sewer systems. -, At their regular meeting following the tour, the Authority unanimously recommended approval ofa budget amendment in the amount of $52,000 ($10,000 to further support the receivership operation and $42,000 for transfer to Public Utilities for reimbursement for services). AGEN)A ,~ No. HiR (b MAR 1 1 2003 PI. 2. The sewer interconnect construction is expected to be completed by April 30, 2003. An additional $10,000 funding is expected to cover independent plant operation/repair costs through the end of the receivership period (target date May 31,2003) and provide funds for sterilization of the sewer plant when taken offline. At that time, Bleu Wallace, as the Receiver, intends to petition the Court to lift the receivership and return control of both systems back to the Lee Cypress Water and Sewer Cooperative. Lee Cypress Cooperative will then become a bulk sewer customer of the City of Everglades pW'Suant to the interconnect agreement that is in place between the Co-op and that City. Pursuant to Ordinance No. 96-6 (Collier County's Utility Regulation Ordinance), as amended, funds from the Utility Regulation Trust Fund (Fund 669) may be expended for the operation ofthe Utility System under the Receivership when Collier County is the Court-appointed Receiver, because a Utility under Receivership is managed, controlled, and regulated by the Receiver to a much greater extent then when a utility system is under usual regulation pursuant to Collier County Ordinance No. 96-6. FISCAL IMPACT: Funds in the approximate sum of$941,400 are available in the Utility Regulation Trust Fund Reserves (Fund 669). If the requested budget amendment of$52,000 is approved, the balance of the Utility Regulation Trust Fund Reserves would be reduced to approximately $889,400. GROWTH MANAGEMENT IMPACT: This action has no impact on growth management. RECOMMENDATION: Approve budget amendment of $52,000 related to Lee Cypress Water & Sewer Cooperative receivership action, as recommended by the Collier County Water & Wastewat Authority. PREPARED BY: DATE: :5 - y.o S . E. "Bleu" Wallace, Director CDES Operations ~~~ ~k- Thomas C. Palmer Assistant County Attorney DATE: f ,Y....; J REVIEWED BY: APPROVED BY: DATE'L3/r~ .- MAR 1 1 2003 pt. 3 EXECUTIVE SUMMARY PETITION CARNY-2003-AR-3721, PEG RUBY, SPECIAL EVENTS COORDINATOR, COLLIER COUNTY PARKS AND RECREATION, REQUESTING A PERMIT TO CONDucr A CARNNAL ON MARCH 14, 15 AND 16,2003, IN TIlE VINEYARDS COMMUNITY P ARK AT 6231 ARBOR BOULEVARD. OBJECTIVE: Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation, is requesting that the Board of County Commissioners approve a permit to conduct the annual Country Jamboree carnival on March 14, 15 and 16, 2003, on County owned property located in the Vineyards Community Park at 6231 Arbor Boulevard. The applicant is also requesting waivers of the occupational license and the surety bond. CONSIDERATIONS: Peg Ruby has presented evidence that all the criteria have been met for the issuance of this carnival permit. Staff supports the waiver of the Surety Bond as there have been no previous problems related to clean up of the site after the carnival. The required insurance amount of $1,000,000.00 has been purchased and the County named as additional insured. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. RECOMMENDATION: That the Board of County Commissioners approve the permit to conduct the annual Country Jamboree carnival and waive the occupational license and surety bond. 3(s' )t/3 DATE 3/~/(}~ T WUERSTLE, AlCP SERVICES DIRECTOR DATE ~/.r-/ctS DATE' A.GEtI)A IttM No./Ct!1 17 MAR 1 1 2003 I pc. ,- 1 FEB-06-2003 10:12 COLL I ER CO PRK P.\Zl2 COLLIER COUNTY GOVERNMENT DIVISION OF PUBLIC SER'VIC~ PARKS AND RECREATION DEPARTMENT 3300 SANTA BARBARA BOULEVARD NAPLES, FL 34116 (941) 353-0404 FAX: (941) 353-1002 Website; collietgov.net January 28, 2003 Cecelia Martin Planning Tech II Conununity Development 2800 North Horseshoe Drive Naples, FL 34103 Dear Ms. Martin: Collier County Parks and Recreation Department will be holding the 5th annual COWlty Jam at Vineyards Community Park, 6231 Arbor Blvd. Naples, Florida on March 14 _ 16, 2003. Friday hours of operation will be from 6:00 - 10:00 pm, Saturday will be 3:00 _ 10:00 pm and Sunday will be from 2:00 - 8:00 pm SAE Amusements exceeds the one million dollar insurance policy and has named The Board of Collier County Commissioners as additional insured. We are requesting waivers of the Carnival Fcc, Surety Bond and Occupational License for this event. If you have any questions pi case contact me at (239)353-0404. If the wavier cannot be waived please charge the $275.00 fee lO 111-156341-649990 Sincerely, ~~ Peg Ruby, Special Evcnts Coordinator Collier County Parks and Recreation "GEf"9A 'lM. No...1.1.f-J:/=J 1 MAR 1 1 2003 c 2- pc. - CARNY -03-AR-3721 Country Jamboree Collier County Parks & Date: 2/12/03 Susan Murray INVOICE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY COURTHOUSE COMPLEX NAPLES. FLORIDA 34112 ADC NO. Invoice: No. ill 7:J 2 Dme: Feb. 6, 2003 TO: Collier Co. Parks & Rec. Applic. P.O. No.: Department: P 1 ann i nq Phone: 403-2400 DUE AND PAYABLE UPON RECEIPT [BOARD DEPARTMENTS ONLY - CHARGES EXPENSE UPON RECEIPT OF YELLOW COPY IN FINANCE} DESCRIPTION AMOUNT Carnival Permit AR-3721 for 5th Annual Country Jam 275.00 at Vlneyards Communl~Y ~arK " '- TOTAL AMOUNT $ 275.00 MAKE CHECKS PAYABLE TO COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS DETACH AND MAIL THIS PORTION WITH YOUR CHECK TO: FINANCE DEPARTMENT BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY COURTHOUSE COMPLEX NAPLES, FLORIDA 34112 REVENUE ACCOUNT COST CENTER OBJ";REV CODE Invoice: No. 41702 138900 487370 EXPENDITURE ACCOUNT COST CENTER OBJ.lEXP" CODE 156341 649990 " -..... Amt. Er ..I.: ~I AI R Nc : I MAR 1 1 2003 ,3 FORM 82-1 1". '~Tnl.ll::D t"nDV (i.., ~. . . '0'" CARNY-03-AR-3721 Country Jamboree Collier County Parks & l!ec Date: 2/12/03' Susan Murray CARNIVAL OPERATION PETITION ,,~'.. ,,-1'"7"'" PETITION NO. CAI< NY 03-11 e... ~q 1. J DA'J:EL-l / :l'ft)?? PETITIONER'S NAME: C ~~E: PETITIONER'S ADDRESS: J?Jf) U rJ, 3</1 If; PETITIONER"SE-MAILADDRESS:---'kru ill €Jca~AX# I~ PROPERTY OWNER'S NAME: ~(1~ <J TELEPHONE: .YJnyta PROPERTY OWNER'S ADDRESS: ,-y~ OWNERS'S E-MAIL ADDRESS: ,80('(('12.. LEGAL DESCRITPION OF SUBJECT PROPERTY: FAX# ([j() f1&, GENERAL LOCATION: CURRENT ZONING: THE FOLLOWING INFORMATION IS INCLUDED IN THIS PETITION. (FOR EXPLANATION, SEE NEXT PAGE.) 3.e.I) 3.e.2) 3.e.3) 3.e.7) 3.e.8) 3.e.9) 3.a. 3.e.4) 3.e.5) 3.e.6) 3.b. 3.e. 3.d. Comments: SIGNATU~ DATE REVIEWED by Board or County Commissioners: Approved: 0 Disapproved: 0 Conditions of Approval: SIGNA TURE OF COUNTY ADMINISTRATOR ~~7 MAR 1 1 2083 f Pi. C~~l ~SSING CHECKLIST o.se complete the following ~ submit to the Addressing Section for Review. Not all items will a1li>ly to eVerY proiect. Items in bold tv1Je are reQuired. or properties (copy ofl~"gthy descTipti~n may be attached) 2. Folio (property ID) num~Jr (altaCh 10. Dr "'-- with, legal description if",ore than one) 3. 4. Location map, showing exact location of project/site in relation 10 nearest public road right-of-way (at/ach) 5. Copy of survey (NEEDED ONLY FOR UNPLATIED PROPERTIES) 6- proposed project n~ ir ~c!'le) trjiy/\ 7. Proposed Street names (if~' d~igned) 8. Site Development Plan Number (FOR EXISTING PRomcrs/SITBS ONLY) SDP 9. Petition Type _ (Complete a separate Addressing CheckJist !br each Petition Type) o SDP (Site Development Plan) DSDP A (SDP Amendment) o SDPI (SDP lnsubstantial Change) o SIP (Site Improvement Plan) o SIP A (SIP Amendment) o SNR (Street Name Change) o Vegetarion/Exotic cyeg. Removal Permits) o Land Use Petition (Variance, Conditional Use, Boat Dock Ext., Rezone. p rezol\e, etc. o Other - Describe: (i 10. Project or development names proposed for, or al=dy appearing in, condominium documents (if app licable; lndicate whether proposed or existing) o o o o o B o VRSFP (Veg. Removal & Site Fill Permit) ~rmr+ ~ 1. P!!'R4;Po r.heck One: _ .P1eckl.Mt i~to be Faxed Back 0 Personally Picked Up 12. Applicant Name ~ "',;.uil" .,..~ -O','!t.! 1'"" ". C;" -100 a 13. Signature on Addre5Sfng a;jjocidiSt -~ DIlt constitute Project and/or Street Name approval and is subj c:ct to further review by the Addressing Section. FOR STAFF USE ONLY Primary Number Address Number Address Number Address Number APProved by Date Reviac:d 3-21-01 CARNY _03-AR-37 CountrY Jamboree collier County Par Date: 2/12/03 Susan Murray &:it;fi, , MAR 1 1 2003 P,.5' tf Co' - . -.~..""''''6 n Pc!ge 1 qf 2 . . # . ~ .iM9 ro~iOV ~~ . OOOOOC:0010<6f ClJSO-=>'i A 15. 00 FOOT WIDE STRIp OF LAND LOCATED IN TIlE VINEYARDS UNIT 3, AS RECORDED IN PLAT BOOK 16, PAGES 2-5, IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING 7.50 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CEN~ERLINE: DESCRIPTION OF LANDS COUN~Y U~ILITY EASEMENT FOR TRACT 8-4, THE VINEYARDS UNIT 3 COIlHENCING AT THE NORTHHEST CORNER OF SECTION 5, TOWIISHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; SAID CORNER BEING A POINT ON THE SOUTH RIGHT-OF-HAY LINE OF VANDERBI~ BEACH ROAD, THERCE ALONG SAID RIGHT-OF-HAY LINE SOUTH 89' 55 ' 24" EAST, A DISTANCE OF 83 · 53 FEET TO THE POiNT OF BEGINNIIili I THENCE SOUTH 01" 28 . 00" EAST, A DISTANCE OF 2274.11 FEET; THENCE SOUTH 22'51'12" EAST, A DISTANCE OF 27. 42 FEET; THENCE SOUTH 01' 28' DO" EAST, A DISTANCE OF 70.70 FEET; THENCE SOUTH 20 '18 · 58" WEST, A DISTANCE OF 2 6 . 94 FEET I THENCE SOUTH 01' 28 'DO" EAST, A DISTANCE OF 318.95 FEET TO TIlE SOUTH BOUNDARY OF TRACT S-4 AND THB END OF THE CENTERLINE, 1 C " I SUBJECT TO EASEMENTS, RESERVATIONS, OR RESTRICTIO.HS OF RECORD ~tu /2./119~ 4 , - - Exhibit "A" ITEM :jb;A4-l1 MAR 1 1 2003 . pt. W 2049\TRS4U3 ,J L."" .YI1. (I. Alt~Jt,t i.l~i'r.C.. 11...# _.' FEB-07-2003 09:11 1 9141 353 1002 P.02/02 ~btrtff SHERIFF DON HUNTER. COLLIER COUNlY 3301 TII!Il8ml Trad Es8t. BIdg - J. Napl_. A.lU"2 (239) 77~ www.colIIersl'lerifl.org CARNY _03-AR-3721 Country Jamboree Collier County Parks & Rec Date: 2/12/03 Susan Murray January 31. 2003 Collier County Parks and Recreation Department 3300 SantaBarbara Boulevard. Naples, FL 34116 Dear Peg Ruby: This letter is to confirm your request for ColJier County Sheriffs Office deputies to be present at the 5th Annual Country Jam at Vineyards Community Park, 6231 Arbor Blvd. Naples. Florida on March 14..16, 2003. The deputies will be present on Friday beginning at 6:00 p.m. -10:00 p.m., Saturday 3:00 p.m. - 10:00 p.m. and Sunday 12:00 noon - 8:00 p.m. If you have any questions I can be reached at (239) 793-9178. Sincerely, ~ Lt Karen Strickland Special Services Bureau RECEIVED FES ~ "~""", - v L';'~~;} PARKS & RECREATION ~rm. No. At}- J? MAR 1 1 200., 1 "The duty of the Collier County Sheriff's Office is to preserve and the lives. prop,9rty and constitutional guarantees of all pe TOTAL P.02 , COLLIER COUNTY GOVERNMENT DIVISION OF PUBLIC SERVICES PARKS AND RECREATION DEPARTMENT 3300 SANTA BARBARA BOULEVARD NAPLES, FL 34116 (941) 353-0404 FAX: (941) 353-1002 Website: colliergov.net January 30, 2003 Collier County Sheriff's Office C/O Karen Strickland 3301 Tarniarni Trail East, Bldg. J Naples, FL 34112 Dear Karen: Collier County Parks and Recreation Department will be holding the 5th annual County J am at Vineyards Community Park, 6231 Arbor Blvd. Naples, Florida on March 14 - 16, 2003. Friday hours of operation will be from 6:00 - 10:00 pm, Saturday will be 3:00- 10:00 pm and Sunday will be from 12:00 - 8:00 pm Weare applying for a Carnival Permit through Collier County Development Services. The permit requires us to get a letter from the Collier County Sheriffs Office, stating you are aware of the event and will take necessary provisions for control and security precautions. I am requesting a letter on your letterhead stating that you are aware of the event and that the Sheriff's Office will take necessary provisions for control and security precautions. Please fax the letter to 353-1002 and send the original to 3300 Santa Barbara Blvd. Naples, FL 34116. If you have any questions please contact me at (239) 353-0404. Sincerely, .-CotS. CjZ.-,& Peg Ruby, Special Events Coordinator Collier County Parks and Recreation ~? MAR 1 1 2003 pc. 'b I COLLIER COUNTY GOVERNMENT DIVISION OF PUBLIC SERVICES PARKS AND RECREATION DEPARTMENT 3300 SANTA BARBARA BOULEVARD NAPLES, FL 34116 (941) 353-0404 FAX: (941) 353-1002 Website: colliergov.net January 30, 2003 Mr. Jerry Sanford North Naples Fire Control District 1780 Immokalee Road Naples, FL 34103 Dear Mr. Sanford: Collier County Parks and Recreation Department will be holding the 5th annual County Jam at Vineyards Community Park, 6231 Arbor Blvd. Naples, Florida on March 14 - 16, 2003. Friday hours of operation will be from 6:00 - 10:00 pm, Saturday will be 3:00- 10:00 pm and Sunday will be from 12:00 - 8:00 pm We are applying for a Carnival Permit through Collier County Development Services. The permit requires us to get a letter from the Fire Inspector of the district, stating you are aware of the event and will take necessary provision for Fire Safety. I am requesting a letter on your letterhead stating that you are aware ofthe event and that the department will take necessary provisions for Fire Safety. Please fax the letter to 353-1002 and send the original to 3300 Santa Barbara Blvd. Naples, FL 34116. If you have any questions please contact me at (239) 353-0404. Sincerely, ~'r;: .-j2,.IY/\ Peg R~i,y, Special E~ts Coordinator Collier County Parks and Recreation 3~/? MAR 1 1 2003 P&..3-- FEB-06-2003 10:12 .W'W.'~YYU n~ ~~.~I ceLL IER CO PRK I'M '" I '" f O'Ulr nw 1fHKerSOn P.03 ~ OD2IOO2-':" .:::r~~: F'........ Haas and Wilkerson, Inc. ~ A. Ace ArMtiq" 1__ Co . ACORQ,.. ,;~. PO 90)( 417-40 1St Peteraburg FL 33743 ~ Saraso~ Amusement Ent., Inc. 5131 WalJchula Roed MVilklca City FL 34251 ca.._ I AIle Americ.., """".nee Co ~AHY C CUlla~ ".cillfOClal &ale:"lnge COW".vIY D THIS IS TO ClRTlFY'tHAT ntI I'OLICIU 0' lNlUftANCI U8T1O mow ~\II BUN'ISSueo TO 'THf: INSUR8) NAMED MOVE '0111 THI I'D&.ICY I'8tJOD INDICATED. NOtWITHSTANDING ANV REalnAliMENT, "l'M~ 0.. CONDmON Of ANV C:ONTIItACT OR O'tHIiA DOCUMENT WITH _'leT 'fO WHle.. TNle Cl!Rl1FICATI MAY I. ISSUEC 0" MAV fltln'AIN. THlINSURA.Nc( AFFO.~D IV THE ~&.ICI" DESCItJIID HIIIIIN IS IUUECT 'YO ALL THE l1!1UotS. lX~LUSIC?NS A~O CONDITIOtG OF SUCH ,Ol/CIS. lIWTS Owt' ~"y HAvli IEEN A!OUC:EO IY !'AID CL_IMS. I'OLC"I' IfftCTlVe JIOUCY IXI'IIlATION 111\1"1 ~ IMTllfllMIlIOJWJ co ~n 'rYJOI OF II/IU_ I'OIACY MlMIDt LIIIlIT& A GMeM~ W\IIUTY )( CO~ GINIIIAL UAlIIlI.rTV ';'~ . ClAIMS IloIADI ~ OCCUR .......~ --- L..:J ~s to CO'""IIACTOfI'$ I'AOT G1820S1U -Genentlte AIlIl'etetll is ", Loc~ian 7101102 '101103 QDIlI~ ACIC111~ . . C:O....IO!,~ . ~.....IAlNI"I.IlI"'" ~ IActf OCCUllllCNCI . ""1 D_AGC 1M _ _ . N11I8" 1_ .". _" .~C!l.DIIOO lnlln Jt. 50000 .....-.~ a AUTOMOIlII.t U".lUn' lINT AUto AU. O"'iNEZl AUTos X se~ 4Ul'08 X w -et) AUTOS x I'lOfoI.CWNl!O .....,.~I 1-106.3102& 7/01/02 7/01103 CClMIINIIl S101GU! u..T 50000" IOPI~V INJlJlW lPw ,..... IlOOI~y IHJUltf ... ..,""" -.n-v O."AGE ~ Ll.....1.ITV MY MITO AUTO ONLy. 'A ACClOlon I ........ . OTMI" ~.=,,"Q ON..Y~ r7:':::..;=:"~-:"'.~~"::::::~'."';:. EAoCtt 6CClQI!NT s ~Tf . ~ ClC(vealtI/CI ~ AClOllIGATI .1000000 1000600 1000000 l!lCCUS 1.l""1l1Y UMIIIIU.& IOIIlM 0'1'110. T"Aff UMIIlIU..\ I'OIIM C WOlllK.'~~_ !W\.OY_' ""'*"" wao1033M'Q4 "'51'02 8/16103 X T lI't T II. SAeIl ACCINH'l' .. 01111.... IIOC.K:Y.!JlllllT 0l1lMf'1A 1!IWlI.0't'II! , TWI ~OIII ,.~ QFFICW ..,... OT_ INCl. XIXQ. _1'T1ON 0' OIEllA'IlClldiLOC<iInaN~~.,.., ADDmONA\. lNSuREO AS "!SPEeTS GENEltAL L1A8IUTY: BOA~D OF COUNlV COMMISSIONII'S DATES: A'RIL 10.2002. TO AMIL ". 200a Board of CountY Commluioner. 3301 Tamiami Trail ENt Nap'''. FL 34112 FAX 941-353.1002 fA CARNY-03-AR-3721 Country Jamboree Collier County Parks & Rec Date: 2/12/03 Susan Murray MAR 1 1 2003 TOT~.03 pt. FEB-12-2003 08:08 - ..... ".~~ . JW CRAFT 76B CX>KMER'ICAL BLVD NAPLBS FL 34104 Your "endor ~",b.. .Ilh liS 101703 1 9141 353 1002 P.02/04 4S0000S~23 I 02/07/2003 tenuit plrso"IT...pllono Gr_JF_MR/239/3S3-0404 CNr Tall ID 110. S~-6000SSB 8 i Delivery date: Day 03/1.4/2003 ~lease deliver to: GOLDEN GATE COMMUN~TY PARK 3300 5,AN".I:A BARBAM BIND NAPLES FL 34116-6601 Terms of delivery: FoB DBSTINATION Terms of payment: Net 4S Days Item Material order qtY. Description Price per unit Unit 00010 PORT-A-LBTS 500.00 1 each 500.00 10 UNIT S FOR 4 DAYS 00020 70.00 HANDI~PPBD UNITS 1. each 70.00 1 UN~T fOR 4 DAYS ~ml . --..-- currency USD ~ r; .. Netvalue ~npt. NG..-1I(llt.L1 MAR 1 1 2003 PC.-1L ..... '~_...~:"'~.' . FEB-12-2003 08:09 1 9141 353 1002 P.03/04 . 2.--...~_.!. ~ lQ "0.0...' Q 00 00.1. ~ 10 ~'e'l [iI.1!] I CD. !~III Print Preview for YPCC Page 00002 of 00002 ....-. . ';;;..:... . ." ~_'.;.a: ......-.... .- a ~' JW ~RAE'T 768 COMMBlUCAL BLVD NAPLES FL 34104 Pag_ 4500005123 / 02/07/2003 2 Item Material Order qty. DescriptIon Unit Price per unit Net value 00030 WASH STATION 1 each 90.00 1 ~T FOR 4 DAYS 90.00 FREE KIDS UNIT NO CHARGES FOR EXTRA CLEANING RENTALS FOR COUNTRY JAM ON 3/14-16 Total net value excl. tax USO SURe 660.00 0.00 .,'. .,'. .-. Ii PRO (3) (900) .: ~ t.; - &rrFM No. 1/-:./ 7 MAR 1 1 2003 pt. 12. FEB-12-2003 08:09 1 9141 353 1002 P.04/04 JWCRAB~ 76B COMMEi:rCAL BLVD NAPLES FL34104 4500005010 / 02/07/2003 CDm:.1l'C persD"/T..pho,,. Gm-JF-MR/239/353-0404 OUr T811 ID no. 59-6000558 VDIll' wendDr l1limb.. .Ilh us 101703 'b 1?lease deliver to: GOLDEN GATE COMMUNI'r'! PARK 3300 SANTA BARBARA BLVD NAPLES FL 34116-6601 ,47ff Day 03/30/2003 Deli very date: Terms. of delivery: FOB DESTINATION Terms of payment: Net 4S Days Currency USD -- .,- .,. ..-- - . --.-----.--- Item Material Order qty. Description Netvalue Unit Price per unit 00010 RENTAL OF 28' BERrY! PORTALET UNIT 1 each SOO.OO SOO.oo FOR COUNTRY JAM SPECIAL EVENT ON 3/14-16 00020 BX'rRA CLB~NG 2 each 100.00 200.00 FOR COUNTRY JAM 3/14-16 Total net value exel. tax USD EURO 700.00 AGENDA Ila.\.. No.It?1t-17 MAR 1 1 2003 B B II U 8 'mm ~ f+ COMMUNITY -rCENTER FENCING BASKETBALL COURT BACKSTAGE AREA PARKING LOT 1 ENTERTAINERS ONLY BACKSTAGE AREA ~ ~ ~ TICKET BOOTII SEATING AREA WILL CALL leX 11 TENT 1 TABLE 1 CHAIRS 1 EXT. CORD FRONT ENTRANCE PARKING LOT 2 18 x 18 TENT 5 TABLES 8 CHAIRS 1 EXT. CORD 1 GENERATOR CARNIVAL CROWD PLEASER .l TOILETS SOCCER FIELD 1 PLAYGROUND ~ toRTABLE tt _t 315X 15 TENTS , TABLES 14 CHADIS 3 EXT. CORD X. 1 GENERATORS Y ITIJ SPONSORS ,. MERCH PORT ABLE TOILETS CONCESSION PICNIC t::::J t::::J t::::J c::::J t::::J t::::J TABLESt::::J c::::J c::::J c::::J c:::::J ~~~~TENTG 1 CHA 0 BOOTH 1 EXT. C lGE T VENDORS !J WING COOK OFF AREA lOX 10 TENT , TABLES , CHAIRS 4 EXT. COIlD 3 GENERA TOIlS SOCCER FIELD 1 PARKING - CARNY -03-AR-3721 Country Jamboree Collier County Parks & Rec Date: 2/12/03 Susan Murray SOFTBALL FIELDS lOX II n 1 TABLE~ 1 CHAIRS 1 EXTENSION c !Jfj Ii R~ ~ BACK ENTRANCE AGEND~ ntM No..J. fp 4:-17 CEll FIELD 3 :It ~TAB ICHA N COIlD PARKING Ci) INDIVIDUAL BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS Name of Event: Name of Booth: CARNY-03-AR-3721 Country Jamboree Collier County Parks & Rec Date: 2/12/03 Susan Murray Florida Administrative Code, Chapter 10D-13 requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. Location of advanced food preparation: ('(Jr(~t; i1m --trr:U Je(S How will food be transported to event location? N/~ . Method of keeping food hot and/or cold at event site: l\lethod of cooking food a~ the location: ~ C'D1}fc4(ir) LJf11\ + (~I l?oOl<o(S ?-tat \~ ) . Food must be protected from dust, insects, flies, coughs, sneezes. How will you provide this protection? Describe type of structure: 5e If CO'YJ:kh1' n/2() CtJ1J~9ilCm -f1UJt.g(S Adequate facilities and supplies shall be provided for employee handwashing. How will you provide this? i AJ am S~ 0'Y6 (JY) d-nP -trr;V (01)\ No. . For Information and Assistance contact: Environmental Health & Engineering Department - (941) 403-2499 MAR 1 1 2003 P,.J5 Failure to comply with applicable food service requirements in accordance with Chapter lOD-l3, Florida Administrative Code, may result in enforcement action. Do you understand this completely? YES'Rf NoD I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this establishment and I certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter lOD-l3. Signa~AP~nt ~ Date: II ~q103 / f CARNIVAL PETmON APPLICATION! INDIVIDUAL BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS ":~7 MAR 1 1 2003 PJ. Ie, Ci) CARNY-03-AR-3721 Country Jamboree Collier County Parks & Rec Date: 2/12/03 Susan Murray SPONSOR NOTIFICATION FORM FOR TEMPORARY EVENTS Name of Event: Address of Event: Date(s) of Event: Sponsor of Event: Address of Sponsor: of Food Service: 21- l32-3 :?lIS - lprn -Ioprr 3J1b7Z/l!" BfIi Phone: Number of Food and Beverage Booths: -tvV () Estimated number of attenders expected at the event at one time? Number of toilets to be provided: J 0 i1)O Portable: Permanent: Male ( <0) Female ( b) Male (....3) Female-D) ,5W C rn...ft (J f 1~-noU' tMJfL {JpI'fQJPrnJfot Ho~ l' Ef(1t "l Method of toilet waste disposal: Describe method of liquid kitchen waste disposal: Describe containers and method of solid waste <lisposal (garbage): Cj',V\~a9' lYu{Yn~tS y. v\la~ ~mott4 Nnmber of solid waste disposal containers prOVided:~ Describe facilities and method of hand washing: S - SLo P f~ L~ Describe facilities and method of utensil washing, rinsing and sanitizing: Source of potable wate~11J/bhfi5~ ~ (2IDU i(# (2.-rao.e icY For Information and Assistance, contact: Environmental Health & Engineering Department - (941) 403-2499 :JWtt'l MAR 1 1 2003 p,. I '1 As the sponsor of this event you are responsible to notify all food vendors of the temporary food service requirements. Failure to comply may subject the booths to be closed for public health reasons. Do you understand this completely? YES J2( NoD I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this establishment and I certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter lOD-l3. Date: [J lq/65 I I CARNIVAL PETITION APPLICATION! SPONSOR NOTIFICATION FORM FOR TEMPORARY EVENTS AGEN)t No.JI& ,I? MAR 1 1 2003 p,. 18 Permit No. PERMIT FOR CARNIVAL EXHIBmON STATE OF FLORIDA: COUNTY OF COLIJER: WHEREAS, Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation Department, has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct a carnival, and WHEREAS, Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation Department, has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct a carnival as set forth in Chapter 10, Article n, Amusements and Entertainments, of the Collier County Code have been satisfied and that such carnival exhibition will be conducted according to lawful requirements and conditions; and WHEREAS, said Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation Department, has requested waivers of the carnival fee, occupational license and surety bond. NOW, THEREFORE, TIllS PERMIT IS HEREBY GRANTED TO Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation Department, to conduct a carnival on March 14, 15 and 16, 2003, in accordance with the terms and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for the following described property: (See attached Exhibit " A") The request for waivers of the carnival fee, occupational license and surety bond is hereby approved. WITNESS my hand as Chairman of said Board and Seal of said County, attested by the Clerk of Courts in and for said County this day of 2003. ATIEST: DWIGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA TOM HENNING, CHAIRMAN Approved as to Form and Legal Sufficiency: :Jr;; I 7 MAR 1 1 2003 "J Cj' .~ fnn~A".l' .)yl. ~ Marjori . Student Assistant County Attorney '. --... .. .... ,4 ... P4gG 1 qf 2 . . . . . . . ~. . ~ . '" . c: ::t a c: c: DESCRIPTIOH OP LARDS ::=- COUNTY ll'1'ILITY EASEMEH'l' -# ^j>>"i TRACT 6-4, 'l'IIBF~~NEYAR~ UNIT 3 (/01.:10" ~ I OOOOO~01o<()( OJ500cf A 15. 00 FOOT WIDB S'1'IlIP OP LARD LOCATED IN 'l'IIB VINEYARDS UJaT 3, AS RECORDED IH PLAT BOOK 16, PAGES 2-5, IH 'l'IIB PUBLIC RECORDS OP COLLIER COllHTY, FLORIDA, LYIHG 7.50 FEET ON EITHER SIDB OP THB FOLLOWING DESCRIBED CENTERLIKBa ~ c;, m COllllENCING AT 'l'IIB NORTHWEsT CORNER OP SECTION 5, !l'O!fNSHIP 411 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SAID CORNER BBING A POINT ON THE SOUTH RIGHT-OF-WAY LINB OF VANDERBI~ BEACH ROAD, THBNCE ALoNG SAID RIGHT-OF-WAY LINE SotI'1'II 811'55 '24. EAST, A DISTANCE OF 83.53 FEET TO 'l'IIB POINT OF BEGINNlij~, THENCE SOUTH 01'28'00. EAsT, A DISTANCE OF 2274.11 FEET, THENCE SOUTH 22' 51'12. EAST, A DISTANCB OF 27. 42 FEET, THENCE SOUTH 01'28' DOn EAST, A DISTANCE OF 70.70 FEET, THENCB SOUTH 20 '18 ' 58. WEST, A DISTANCE OF 26,!l4 FEET, THENCB SOUTH 01 ' 28 I 00 n EAST, A DISTANCE OF 318 . 9Ii FEET !l'O 'l'IIB' SOUTH BOUNDARY OF TRACT S-4 AND THB END OF ~B CENTERLINE, . SUBJECT !l'O EASEHEHTs, RESERVATIONS, OR RESTRICTIO)fS OF RECORD ~l7IJ- 12-/1/9- z.--, ~ . " - - ~7 MAR 1 1 2003 2D p,. . Exhibit "A" 2049\TRS4U3 ~. A{l.~~'.~{ ~..1"~~n EXECUTIVE SUMMARY APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 03-3446 IN THE AMOUNT OF $986,360.00, FOR ENGINEERING AND PERMITTING SERVICES TO BE PROVIDED BY AGNOLI, BARBER & BRUNDAGE, INC. FOR PROPOSED ROADWAY IMPROVEMENTS TO RATTLESNAKE HAMMOCK ROAD FROM POLLY AVENUE TO COLLIER BOULEVARD, PROJECT NO. 60169. OBJECTIVE: To receive Board approval of the negotiated Agreement for Professional Services with Agnoli, Barber & Brundage, Inc. for engineering and permitting services for the proposed roadway improvements to Rattlesnake Hammock Road from Polly A venue to Collier Boulevard. ....-.. CONSIDERATIONS: At their workshop on December 18, 2001, the Board of County Commissioners approved the Annual Update and Inventory Report (AUIR) on public facilities in Collier County. The AUIR includes the 5-Year Transportation Work Program, which listed the four- laning of Rattlesnake Hammock Road from Polly A venue to Collier Boulevard as one of the projects within that program. In accordance with this Board approved Work Program, staff solicited proposals from qualified consultants through a Request for Proposal process (RFP #03-3446) in accordance with Florida State Statute 287.055. Notices were sent to 147 firms and 8 responses were received by the due date of November 1, 2002. On December 17, 2002, the Board authorized staff to begin contract negotiations with the top ranked firm for engineering and permitting services for improvements to Collier Boulevard. An initial fee proposal was received in the amount of $1,164,279. Staff successfully negotiated with the Consultant, Agnoli, Barber & Brundage, Inc. and established a fair and reasonable amount of $986,360 for this contract. The negotiated agreement commits the Consultant to completing all services within 225 calendar days. Services within this contract also include coordination with staff to conduct informational meetings to acquire public input on the project. ('\]..1:ISCAL IMPACT: The total cost for this contract is $986,360.00. Funding in the amount of ,) $925,537 will come from the Transportation Supported Gas Tax Fund and Impact Fee Funds. Impact Fees will be utilized first. Source of Funds are Gas Taxes and Impact Fees. Funding for the water main will come from Utility User Fees in the amount of $37,051 and funding for the sewer main will come from Utility User Fees in the amount of$23,772. GROWTH MANAGEMENT IMPACT: The expansion of Rattlesnake Hammock Road is currently identified on the AUIR (CIE No. 77) and is consistent with the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve a Professional Services Agreement with Agnoli, Barber and Brundage, Inc. in the amount of $986,360 for the engineering and permitting services for Rattlesnake Hammock Road from Polly Avenue to Collier Boulevard, and authorize the Chairman to sign the attached agreement. - AG~Dd ITEM. No.---U..e.!L{-- MAR 1 1 2003 Pg. \ SUBMITTED BY: APPROVED BY: APPROVED BY: APPROVED BY: APPROVED BY: APPROVED BY: ~'~'-Y'~ Dale A. Bathon, P.E., Principal Project Manager ;Ltn 13 C::L~-- Roy B. derson, P.E., DIrector Public 'ftilil Engioeeri7g Division (..!(1-~ tf/L G Gregg R. Strakaluse, P.E., Director Transportation Engineering & Construction Management Dept. /~ ../ 1 ( ( . /'. / . ~.., 7 ."? - ') ~!. " t /1 i Date: ~ :.. i ,-,,) irector, Purchasing/General Services Dept. Date: f) ;J J -,<:!~~~ Gary R. utaansuu, P .E., Senior Project Manager ~~~ A. Date: Date: Date: Date: an E. Feder, Administrator portation Division .2/2 / ,h(~ . ?-'Z.lrC3 ~/24f/o7 /' 2/zvk / . NO~D~I{M MAR 1 1 2003 l- Pg., Contract 03-3446 RATTLESNAKE HAMMOCK ROAD FROM POLLY AVENUE TO COlliER BOULEVARD COLLIER COUNTY PROJECT NO. 60169 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _ day of 2002, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY' or "OWNER") and Agnoli, Barber & Brundage, Inc., a Florida corporation, authorized to do business in the State of Florida, whose business address is 7400 Tamiami Trial N., Suite 200, Naples, FL 34108 (hereinafter referred to as the "CONSUL T ANT"). WIT N E SSE T H: vVHEREAS,-the OWNER desirAs to obtain the professional Design & Permitting services of the CONSULTANT concerning Rattlesnake Hammock Road from Polly Avenue to Collier Boulevard (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. herein, the parties hereto agree as follows: NOW I THEREFORE, in consideration of the mutual covenants and provo . , N:~~~r MAR 1 1 2003 -. 1 Pg. '3 ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional Design & Permitting services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to owner. 1.5. CONSULTANT agrees to employ and designate, in writing, within five (5) calendar days after receiving its Notice to Proceed, a qualified licensed professional to serve as the CONSULTANT's project manager (hereinafter referred to as the "Project Manager"). The Project Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Within five (5) calendar days from the Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the OWNER a written statement, executed by the proper officers of the 2 No. MAR 1 1 2003 pg.~4 acknowledging that the Project Manager shall have full authority to bind and obligate t~e CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT t~ serve.f~, t~~ Project Man~ger shall be subject to the prior approval and acceptance of the OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request to do such from the OWNER, to promptly remove and replace the Project Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subcohsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without stating its cause to CONSULTANT. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. 1.8. CONSULTANT agrees not to divulge, fumish or make available to any third person, firm or - organization, without OWNER's prior written consent, or unless incident to the proper performance of the CONSULTANT's obligations hereunder, or in the 'cours legislative proceedings where such information has been properly subpoenaed, 3 Pg. :5 information conceming the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule B. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Providing renderings or models for OWNER's use. 2.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and econo N:Gi~DB 'TEM MAR 1 1 2003 4 Pg. rate schedules and appraisals; and evaluating processes available for licensing and assisti!19 OWNER in obtaining process licensing. 2.5. Furnishing services of independent professional ~ssociates and consultants for other than the contract services to be provi,ded by CONSULTANT h~reunder. 2.6. Services during out-of-town travel required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.9 Additional services rendered by CONSULTANTS in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County in accordance with generally accepted Professional practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Coordinator"). The Project Coordinator shall have authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to CONSULTANT's services for the Project. However, the Project Coordinator is _, not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or chan whatever: ~ AGfi:~D~ ITj:M No.~ 5 MAR 1 1 2003 7 Pg. (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Project Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the OWNERIS possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. AGE~A ITEM No.-! ~, MAR 1 1 2003 ARTICLE FOUR TIME 3 Pg. 4.1. Services to be rendered by CONSULTANT shall be- commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any 6 designated portion of the Project and shall be performed and completed in accordance with the Project Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its . -to-.. ~ --~,;i services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of l1ature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANTs services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT's so~e -remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder by CONSULTANT have not been completed within a maximum period of twenty four (24) months of the dat~ hereof, the CONSULTANT's compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of said twenty-four (24) month period, plus all time extensions granted by OWNER to CONSULTANT. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any 0 ~~~~~r remedies available to the OWNER hereunder, the OWNER at its sole discretion ad..,. . 7 MAR 1 1 2003 Pg. q withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. ARTICLE FIVE COMPENSATION 5.1 . Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of OWNER. This does not apply to working papers. Said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data prepared by the CONSULTANT for each project under this Agreement are considered to be instruments of the CONSULTANT'S service. CONSULTANT, at its own expense, may retain copies for its files and intemal use ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or 'reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of tennination of this Agreement or (b) the date the Project is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, , ' inspect and copy all such records and documentation as often as they deem n e~~f~M 8 MAR 1 1 2003 pg.~ ,.-1' the period of this Agreement "-and during the five (5) year period noted above; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. The CONSULTANT in consideration of $100.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement shall indemnify and hold OWNER and its officers, employees and agents harmless froll' and against any and all losses, liabilities, damages, and costs, including, but not limited to, reasonable attorney fees to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, its Subconsultants, Subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder. The CONSULTANTS obligation under this paragraph shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the CONSULTANT'S limit of, or lack of, sufficient insurance protection. - 8.2. CONSULTANT acknowledges that the general conditions of any contract shall include language, satisfactory to the OWNER's attorney, in which the contractor agrees to hold harmless and to defend OWNER, its agents and employees from all suits and actions, including attorney's fees, and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of the contract or work performed thereunder. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its perfonnance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to b,e performed, hereunder shall be performed by CONSUL A~~~~~L staff, unless otherwise authorized in writing by the OWNER. The employment of ceIDtr . 9 MAR 1 1 2003 \ I Pg. or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11 .1 . CONSULTANTs acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be a waiver of any of OWNER's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey any lawe, ordinancee, regulatione or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part,. by giving the CONSULTANT seven (7) calendar days written notice of the material default. AGEffllSTfM No:. ' MAR 1 1 2003 Pg. -' Z- , 10 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against _ OWNER, including, but not limited to, anticipated fees or profits on work not required to be perfo-rmed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including Section 6.1. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four -, herein. 11 AGii"iD,A')lfiM No.---t--L{LL.U-- MAR 1 1 2003 t3 , Pg. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or finn, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a) , Florida Statutes, the CONSULTANT agrees to execute the required Truth-in-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party , ' ~GENoAJT9M . unless in writing and executed by the party or parties intended to be bound by it. N:~ 12 MAR 1 1 2003 pg.~ ~,- ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid,addressed to the following OWNER's address of record: Board of County Commissioners, Collier County Florida Purchasing Department, Purchasing Building 3301 Tamiami Trail East Naples, FI. 34112 Attention: Steve Carnell, Director of Purchasing Fax: 941-732-0844 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT's address of record: Agnoli, Barber & Brundage, Inc. 7400 Tamiami Trail N., Suite 200 Naples, FL 34108 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. , NO~~~ rEM MAR 1 1 2003 \5 13 Pg. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, !:>Y CONSULTANT without the prior written consent of OWNER. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the tenns of this Agreement 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, initially consisting of 69 numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shan supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida state court in Collier County, Florida. 14 N:~f4DB'TEM MAR 1 1 2003 Pg. \LQ , IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Rattlesnake Hammock Road from Polly Avenue to Collier Boulevard the day and year first written above. ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OFTHE STATE OF FLORIDA By: Date: By: Chairman Tom Henning _. Approved as to form and leg~ .--1 I~ ~./,{ Assistant County Attomey AGNOLl, BARBER & BRUNDAGE, INC. ,/"/ , , By: Daniel IV. President (CORPORATE SEAL) 15 AGpf4.0j. 'TEM No.--!J.t.G-I.- MAR 1 1 2003 Pg. 11 SCHEDULE A SCOPE OF SERVICES See attached pages A-1 through A-33 A~NQ;\ ITEM No.--1.1..{lO.L- 16 MAR 1 1 2003 \Q Pg. SCOPE OF SERVICES FOR CONSULTING ENGINEERING SERVICES HIGHWAY AND STRUCTURAL DESIGN This Exhibit forms an integral part of the agreement between Collier County Board of County Commissioners (hereinafter referred to as the COUNTY) and Agnoli, Barber & Brundage, Inc., (hereinafter referred to as the CONSULTANT) relative to the transportation facility described as follows: Project ID: 60169 Description: Rattlesnake Hammock Road, from Polly Avenue to Collier Boulevard Collier County, Florida 1 PURPOSE The purpose of this Exhibit is to describe the scope of work and the responsibilities of the CONSULTANT and the COUNTY in connection with the design and preparation of a complete set of construction contract plans and special provisions. if necessary, for: · Construction of a four-lane roadway in a six-lane configuration within the available right of way as provided for within existing PUD and DCA documents, supplemented with additional right of way as needed to provide for route continuity. The general objective is for the CONSULTANT to prepare a set of plans to be used by the contractor to build the project, and by COUNTY to ensure the project is built as designed and to specifications. Elements of work shall include roadways. structures, intersections, geotechnical activities. supplemental surveys, drainage, signing and pavement markings, lighting, utility relocation, maintenance of traffic, cost estimates, environmental permits, environmental mitigation plans, quantity computation books, and all necessary incidental items for a complete project. The Scope of Services establishes which items of work described in the FDOT Plan Preparation Manual(s) and other pertinent manuals to accomplish the work are specifically included in this contract, and also which of the items of work will be the responsibility of the CONSULTANT or the COUNTY. All plans and design documents are to be prepared with standard English values in accordance with all applicable Florida Department of Transportation (hereinafter referred to as FDOn Manuals and guidelines. The CONSULTANT shall be aware that as a project is developed, certain modifications and/or improvements to the original recommendation may be required. The CONSULTANT is to incorporate these refinements into the design and will consider this effort to be an anticipa1ed and integral part of the work. This will not be a basis for any supplemental fee request(s). The CONSULTANT shall demonstrate good project management practices while working on this project. These include communication with the COUNTY and others as necessary, management of time and resources, and documentation. The CONSULTANT shall set up and maintain throughout the design of the project a contract file in accordance to FDOT procedures. It shall be the CONSULTANT's responsibility to utilize the very best engineering judgment, practices and principles possible during the prosecution of the work commissioned under this contract. The COUNTY will provide contract administration, management services, and technical reviews of all work associated with the development and preparation of the contract plans. The COUNTY will provide job specific information and/or functions as outlined in this contract. ,-. " NO~~~ ',EM MAR 1 1 2003 A-I Pg. 2 PROJECT DESCRIPTION The CONSULTANT shall incorporate the following into the design of this facility: 2.1 Roadway Plan Tvoe: PlanlProfile Tvpical Section: Design will provide for four-lane urban roadway, including sidewalk(s), within the available right of way provided for above. Limits: Rattlesnake Hammock Road, from Polly A venue to Collier Boulevard, a distance of approximately 10,143 feet Maior IntersectionsJInterchane:es: Polly A venue and Collier Boulevard will require additional plan sheets. Coordination with Existin2 Desie:n Consultant: The Consultant will coordinate design of the Rattlesnake Hammock Road Intersection with Collier Boulevard with the design consultant on the future Collier Boulevard Project from Davis Boulevard to US 41. Variations/Exceptions: N A Traffic Control Plans: Typical Sections, Detail Sheets and Plan Sheets on phasing. Temporary Signals: The existing span wire signal system at Collier Boulevard will be replaced with a mast arm system. Design should sequence construction to avoid need for temporary signals. 2.2 Drainage The storm water system will be designed to meet the permitting requirements of all penruttIng agencies. Stormwater system design will consider best management practices, open, closed, ditches, ponds, exfiltration, etc_ or a combination thereof. within the existing right of way. If the COUNTY determines that runoff cannot be economically treated within the existing right of way and directs the CONSULTANT to design off-site ponds, that additional design will be part of this scope of services. 2.3 Utility Coordination The CONSULTANT will: 1. Coordinate with all Utility Companies on this Project 2. Identify needs to relocate, modify and/or leave in place. 3. Design relocation/modification as necessary of County Utilities, such as water, sanitary sewer, storm sewer, reclaimed water, etc. Utility relocation design/modification will be a part of this scope of services. 2.4 Permits The CONSULTANT will: N:-5~e~rfM MAR 1 1 2003 W Pg. 1. Identify needed permits. , A-2 2. Obtain COUNTY approval on decisions or modifications to permits. 3. Obtain COUNTY review prior to submittal of applications and designs to the permitting agency. 4. Obtain all necessary permits. The CONSULTANT'S cost proposal shall not include costs for permit application fees to respective environmental agencics".1'he cost of the permitting, if paid by CONSULTANT, shall be reimbursable by the COUNTY in full upon submittal of fees justification. . 2.5 Structures The CONSULTANT will analyze and design structures as follows: Retaining Walls: In order to provide for turning movements at intersections and access roads along Rattlesnake Hammock Road, it may be necessary to construct retaining walls. Gravity walls will be utilized, where appropriate. In some instances, however, structural walls may be required. Miscellaneous: In order to provide for the turning movements at access points, it may be necessary to extend existing box culverts on side roads. Other miscellaneous structure services could include, but not limited to, culvert extensions, foundations, mast arms, lighting, and barrier walls as determined during design. 2.6 Signing and Pavement Markings The CONSULTANT will analyze and design signing and pavement markings. The need, number and locations of sign structures; i.e., cantilevers, overhead, etc., signing and pavement markings shall be determined during the design process. 2.7 Signals & Lighting Intersections: The intersection at Collier Boulevard will be designed to accommodate a future six-lane configuration on both Collier Boulevard and Rattlesnake Hammock Road, as feasible, within Right of Way limitations. The CONSULTANT will design modifications to the existing Signal System at Polly A venue as necessary to adapt it to the proposed improvements. The CONSULTANT will design lighting for this project in a manner that is consistent with Collier County design standards. 2.8 Landscape Architecture Planting Plans: Landscape design is not a part of this scope of services. Irrigation Plans: Irrigation design is not a part of this scope of services. The CONSULTANT shall design installation of irrigation sleeves in the median for areas of future landscaping. 2.9 Survey Desism Survey: A baseline topographical survey and mapping of the project has been completed by Agnoll, Barber & Brundage, under separate contract The project files are available in AutoCad format, convertible to MicroStation. The baseline has been signed and sealed by a licensed land surveyor. 2.10 Mapping - Control Survev Map- Provided by the COUNIY. AG~~ClI}jTFM No.~ MAR 1 1 2003 pg.~ , , A-3 2.11 Geotechnical The CONSULTANT will provide borings and laboratory testing of soils in accordance with FDOT guidelines for roadway, structures, ponds. lighting, etc. 2.12 Joint Project Agreements Joint Project Agreements may be developed during the design process. The design cost of these agreements is not included and will need to be negotiated. should they be required. 2.13 Specifications Package The CONSULTANT will prepare the specifications package in accordance with FDOT and COUNTY procedures, modified to provide fast track design and construction. 2.14 Project Schedule The CONSULTANT shall provide a detailed projectactivity/event schedule for COUNTY and CONSULTANT activities required to meet the completion date for design. Additional specific scheduling requirements are: The schedule shall indicate, at a minimum, submission dates for Phase I, II, m. and IV plans (30%, 60%, 90% and 100% plans), and all other required submittals. The following durations from the Notice to Proceed will apply to delivery dates: Phase I Plans- 45 days Right of Way Maps, Parcel Sketches and Descriptions -105 days Phase II Plans - 105 days Complete Permit Applications - 150 days Phase ill Plans - 180 days Phase IV Plans - 225 days The CONSULTANT shall prepare a Fast Track Construction Schedule providing a quality project in minimal time and with maximum traffic flow through the project. The CONSULTANT will utilize creative construction techniques and MOT staging in their design to achieve these goals. The project shall be prepared for advertisement at completion of the Phase ill plans. The Phase IV plans will be completed while the project is advertised. The CONSULTANT will notify the COUNTY of all revisions that take place during this period and provide the documents necessary to provide addendums to the bidders. 2.15 Submittals The CONSULTANT shall furnish plans and documents as required by the COUNTY to adequately control, coordinate, and approve the plans. The CONSULTANT shall provide the COUNTY sets of design plans for distribution as follows: 1. Phase I (30%) 2. Phase II (60%) 6 sets No~~~J~~TfM MAR 1 1 2003 Q~ Pg. 8 sets A-4 3. Phase ill (90%) 10 sets 4. Phase IV (100%) 10 sets Plans sets for distribution will be formatted on II-inch by 17-inch paper. Two weeks will be allowed for COUNTY review and response for all design phase submittals. The CONSULTANT shall furnish a camera-ready set of plans and specificatio~ to the COUNTY at Phase ill completion. . . All electronic (digital) files of final plans and specifications will be submitted to the County OD CD. 2.16 Provisions for Work All maps, plans and designs are to be prepared with English values in accordance with. all applicable current COUNTY and FOOT manuals, memorandums. and guidelines. General Horida Statutes Horida Administrative Codes Horida Department of Transportation Project Development and Environmental Manual Horida Department of Transportation Plans Preparation Manual Horida Department of Transportation Standard Specifications for Road and Bridge Construction Florida Department of Transportation Handbook for Preparation of Specifications Package Horida Department of Transportation Design Standards for Design, Construction. Maintenance, and Utility Operations on the State Highway System Manual of Uniform Minimum Standards for Design, Construction, and Maintenance for Streets and Highways Bicycle Facilities Planning and Design Manual, Rev. Ed. 1982 CADD Production Criteria Handbook CADD Manual Horida's Level of Service Standards and Guidelines Manual for Planning Equivalent Single Axle Load Guidelines Design Traffic Procedure K-Factor Estimation Process Project Traffic Forecasting Guidelines Horida Department of Transportation Basis of Estimates Manual Quality Assurance Guidelines Safety Standards Rule 61Gl7-6, F.A.C., Minimum Technical Standards for Professional Surveyors and Mappers Department of Environmental Protection Rules Governing Mean High Water and Jurisdictional Line Surveys Any special instructions from the DEPARTMENT Utility Accommodations Guidelines Poli for Geometric Desi of Hi wa and Streets tee 373. F.S. Drainage Manual Drainage Handbooks · Storm Drain · Optional Pipe Materials · StonnW8ter Management Facility · Cross Drain · Erosion and Sediment Control · H I Location Survey Manual Highway Field Survey Specifications Automated Survey Data Gathering Outline Specifications for Aerial Surveys and Photogrammetry for Trans Projects Standards Cor Consultant-Submitted G.P.S. Static Control Pro.ects Pennits Drainage Survey A-S MAR 1 1 2003 Pg. ~3 Traffic Operation Manuals Traffic Operation Manuals (continued) Mapping Structures Geotechnical Landsca Architecture EFB User Guide Chapter 472, F.S. Chapter 177. F.S. FDEP Bureau of Surve . American Disabilities Act ASSHfO - Guide for Development of Bicycle Facilities Federal Highway Administration Standard Highway Signs Manual Florida Department of Transportation Traffic Engineering Manual Florida Department ofTransportadon Manual 011 Uniform Traffic Studies (MUI'S) National Electrical Code . National Electric Safety Code Minimum Specifications for Traffic Control Signal Devices Florida Department of Transportation - Florida Roundabout Guide FHW A - Roundabouts: An Informational Guide Florida Department of Transportation Median Handbook AASHfO - An Information Guide for Hi wa Li tin Right-of-Way Mapping Florida Department of Transportation Right-of-Way Handbook Florida De artment ofT rtation Ri t-of-Wa Manual AASHfO LRFD Bridge Specifications and Interims AASHTO Standard Specifications for StIUCtUral Supports for Highway Signs, Luminaires and Traffic Signals, dated 1994 AASHTO AWS-Dl.5M D1.5: 2001 An American National Standard AASHTO Guide Specifications for Structural Design of Sound Barriers Florida Department of Transportation Structures Design Guidelines Florida Department of Transportation Structures Detailing Manual Florida Department of Transportation Structures Standard and Semi-Standard Drawings Florida Department of Transportation Structures Design Office Temporary Design Bulletins (available on Horida Department of Transportation Structures web site only) Florida Department of Transportation Structures CADD Manual Florida Department of Transponation Preferred Details (available on Florida Department of Transportation Structures web site only) Florida Department of Transportation - New Directions For Florida Post-Tensioned Bridges Volumes 1-5 Horida Department of Transportation Bridge Load Rating Permitting And Posting Manual Soils and Foundation Handbook Manual of Florida Sam lin and Testin Methods Horida Hi . wa LcuiGsca Guide 2.17 Sernces to be Performed by the COUNIY The COUNTY will provide those services and materials as set forth below: Regarding Environmental Permitting Services: Provide general philosophies and guidelines of the COUNlY to be used in the fulfillment of this contract. Provide the appropriate signatures on application forms Provide the appropriate letters of authorization designating the CONSULTANT as an agent of the COUNTY Provide phase reviews of roadway plans Furnish an approved Environmental Document when available All future information that may come to the COUNTY during the term of the CONSULTANT's Agreement and which in the opinion of the COUNlY is necessary to the prosecution of the work Project data currently on file o o " AGGf'lD~ITFM No.~ MAR 1 1 2003 A-6 a~ Pg. County standards and review services All available information in the possession of the COUNTY pertaining to utility companies whose facilities may be affected by the proposed construction All future information that may come to the COUNTY pertaining to subdivision plans so that the CONSULTANT may take advantage of additional areas that can be utilized as part of the existing right-of-way Existing right-of-way maps 2.18 Supplemental Consideratiou The COUNTY may negotiate engineering inspection services with the CONSULTANT prior to construction as part of the professional service being solicited. Specifically, engineering inspection would require designating a qualified person(s) to oversee construction activities, document construction activities and progress, and communicate directly with COUNfY staff. 3 PROJECT GENERAL TASKS 3.1 Public Involvement Public involvement is an important aspect of the project development process. Public involvement includes communicating to all interested persons, groups, and government organizations information regarding the development of the project. Property owners adjacent to project shall be informed about the project. Four Public Meetings will be held on this project, one after each design phase, with the last being a Construction Kick-off Meeting. In addition, the CONSULTANI' and COUNTY staff will meet with civic groups and others on an individual basis, as needed, to discuss the project. The CONSULTANT shall anticipate participation in six additional meetings for this purpose with minimal staff involvement. This work is to be included in the Scope of Services. 3.2 Coordination Meetings Prior to the public meetings at design Phases 1, II and III, an advanced discussion of the project will take place at a Coordination Meeting. The meeting will take place vllce the pt-....., review process is completed. The Designer will present the project to County Staff and a discussion will take place on what are understood to be the key issues. The goals of the meeting are to provide a common understanding of the project; institute change, if needed; and to provide a coordinated effort at the public presentations. 3.3 Joint Project Agreements Includes all coordination, meetings, etc. required to include Joint Project Agreement (JPA) plans (prepared by others) in contract plans package including all necessary revisions/modifications to contract documents to ensure plans compatibility. 3.4 Specifications Package Preparation The CONSULTANT shall prepare and provide a complete specifications package, including applicable Technical Special Provisions, for all items and areas of work. The CONSULTANT will provide the necessary workbook and electronic files, in Microsoft Word 2000 fonnat, for proper completion of the specifications preparation task. The actual work effort may entail utilization of the supplied electronic files and inclusion of new files issued as mandatory special provisions or supplemental specifications. ~l~~&TfM No. MAR 1 1 2003 , , A-7 Pg. aJS The FDOT Standard Specifications, Special Provision or Supplemental Specifications may not be modified unless absolutely necessary to control project specific requirements. Proposed modifications to these listed documents shall be coordinated with the COUNTY, prior to inclusion in the final project specifications package. Proposed Technical Special Provisions will be submitted to the COUNfY for initial review at the time of the Phase ill plans review submission to the Project Manager. All comments will be returned to the CONSULTANT for correction and resolution. The specification package must be submitted for initial review to the Project Manager at least 30 days prior to the contract package due date. This submittal does not require signing and sealing. Submittal material shall consist of 1.) the printed specifications package (one side only and properly numbered); 2.) a copy of the marked-up workbook used to compile package; 3.) a copy of the final project plans; and 4.) a copy of the Contract Estimating System sheet utilized with the project. The Final submittal shall be signed, dated and sealed in accordance with applicable Florida Statutes. The submittal materials shall consist of the same as those submitted for the initial review by the COUNTY. 3.5 Contract Maintenance Includes project management effort for complete setup and maintenance of files, developing monthly progress reports, schedule updates, work effort to develop and execute subconsultant agreements, etc. 3.6 Prime Project Manager Meetings Includes Prime CONSULTANT Project Manager staff hours for phase review, progress review, all technical meetings, and other coordination activities, including any travel time. Meetings required for each Activity are included in the meetings section for that specific Activity. PROTFCT COMMON TASKS These tasks are applicable to most activities of the project included in this Scope of Work as identified in Sections 4 through 22.. Proiect Research: The CONSULTANT shall perform research of existing PUD and DR! documents for developments adjacl;nt to the project for commitments regarding Right of Way, Stormwater- Management, Roadway Improvements or any other commitments involving the interests of the COUNTY. All existing PUD and DR! documents will be assembled into a Project Commitment Report and submitted to the COUNTY for their review with the Phase I Plans. Cost Estimates: The CONSULTANT shall be responsible for producing a construction cost estimate and reviewing and updating the cost estimate if any scope changes occur and/or at milestone of the project. A Summary of Pay Items sheet shall be prepared with the Phase II, ill, and IV Plans. Technical Special Provisions: The CONSULTANT shall provide Technical Special Provisions for all items of work not covered by the FDOT Standard Specifications for Road and Bridge Construction and recurring special provisions. Standard Specifications, recurring special provisions and supplemental specifications should not be modified unless absolutely necessary to control project specific requirements. The first nine sections of the standard specifications, recurring special provisions and supplemental specifications shall not be modified without written approval of the COUNTY. All modifications to other sections must be justified to the Project Manager to be included in the project's specifications package as Technical Special Provisions. The Technical Special Provisions shall be technical in nature and shall provide a description of work, materials, equipment and specific requirements, method of measurement and basis of payment. These provisions shall be submitted on 8-1/2"xIl" sheets and shall not have holes punched or be bound in any way that would create a problem for high volume reproduction. , N:~ MAR 1 1 2003 Pg. ~(o , A-8 Field Reviews: Includes all trips required to obtain necessary data for all elements of the project. Technical Meetine:s: Includes meetings with the COUNTY and/or Agency staff, between disciplines and subconsultants, such as access management meetings, pavement design meetings, local governments, railroad companies, progress review meetings (phase review), and miscellaneous meetings. Ouality Assurance/Ouality Control: It is the intention oftbe COUNTY that design CONSULTANTS are held responsible for their work. including plans review. Detailed checking of CONSULTANT plans or assisting in designing portions of the project for the CONSULTANT is not the intent of having external design consultants. The purpose of CONSULTANT plan reviews is to ensure that CONSULTANT plans follow the plan preparation procedures outlined in the FOOT Plans Preparation Manual, that state and federal design criteria are followed with the COUNTY concept, and that the CONSULTANT submittals are complete. The CONSULTANf shall be responsible for the professional quality, technical accuracy and coordination of all surveys, designs, drawings, specifications and other services furnished by the CONSULTANT under this contract The CONSULTANT shall provide a Quality Control Plan that describes the procedures to be utilized to verify, independently check, and review all maps, design drawings, specifications, and other documentation prepared as a part of the contract. The CONSULTANT shall describe how the checking and review processes are to be documented to verify that the required procedures were followed. The Quality Control Plan may be one utilized by the CONSULTANT as part of their normal operation or it may be one specifically designed for this project. The CONSULTANT shall submit a Quality Control Plan for approval within 20 (twenty) calendar days of the written Notice to Proceed. A marked up set of prints from a Quality Control Review indicating the reviewers for each component (structures, roadway, drainage, signals, geotechnical, signing and marking, lighting, surveys, etc) and a written resolution of comments on a point by point basis will be required with each phase submittal. The responsible Professional Engineer, Landscape Architect or Professional Surveyor that performed the Quality Control review will sign a statement certifying that the review was conducted. The CONSULTANT shall, without additional compensation, correct all errors or deficiencies in the designs, maps, drawings, specifications' andlor other services. Independent Peer Review: When directed by the COUNTY, a subconsllltant shall perf0rm Independent Peer Reviews. Supervision: Includes all efforts required to supervise all technical design activities. Coordination: Includes all efforts to coordinate with all disciplines of the project to produce a final set of construction documents. 4 ROADWAY ANALYSIS The CONSULTANT shall analyze and document Roadway Tasks in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. 4.1 1)rpicaI Section Package The CONSULTANT shall provide an approved Typical Section Package prior to the Phase I submittal. 4.2 Pavement Design Package The CONSULTANT shall provide an approved Pavement Design Package prior to the submittal date. ' ' A-9 MAR 1 1 2003 ;J1 Pg. 4.3 Access Management The CONSULTANT shall incorporate access management standards for each project in coordination with the COUNTY staff. The CONSULTANT shall review adopted access management standards and the existing access conditions. Existing access that will be closed, relocated or substantially altered shall be shown on plan sheets and submitted with supporting documentation for review with the Phase I plans submittal. 4.4 HorizontaJ/Vertical Master Design Files The CONSULTANT shall design the geometries using the design standards that are most appropriate with proper consideration given to the design traffic volumes, design speed, capacity and levels of service, functional classification, adjacent land use, design consistency and driver expectancy, aesthetics, pedestrian and bicycle concerns, ADA requirements, elder road user policy, access management, and scope of work. 4.5 Cross Section Design Files The CONSULTANT shall establish and develop cross section design files in accordance with the CADD manual. 4.6 Traffic Control Analysis The CONSULTANT shall design a safe and effective Traffic Control Plan to move vehicular and pedestrian traffic during all phases of construction. The design shall include construction phasing of roadways ingress and egress to existing property owners and businesses, routing, signing and pavement markings, and detour quantity tabulations. Special consideration shall be given to the construction of the drainage system when developing the construction phases. Positive drainage must be maintained at all times. fheCONSULTANT shall investigate the--need for temporary traffic signals, temporary lighting, alternate detour roads, and the use of materials such as sheet piling in the analysis. The Traffic Control Plan shall be prepared by a certified designer who has completed training as required by the FOOT. 4.7 Design Variations and Exceptions The CONSULTANT shall prepare the documentation necessary to gain COUNTY approval of all appropriate Design Variations and/or Design Exceptions. 4.8 Design Report The CONSULTANT shall prepare all applicable report(s) as listed in the Project Description section of this scope. The CONSULTANT shall submit to the COUNTY design notes, data, and calculations to document the design conclusions reached during the development of the contract plans. The design notes, data, and computations shall be recorded on size 8-112"xll" sheets, fully titled, numbered, dated, indexed and signed by the designer and the checker. Computer output forms and other oversized sheets shall be folded to 8-112"xll" size. The data shall be in a hardb submittal to the, COUNTY" AG~tjl?~ITfM No.~ MAR 1 1 2003 Pg. Lg A-IO 4.9 Computation Book and Quantities The CONSULTANT shaH prepare the computation book and various summary of quantities sheets. This includes all efforts required to develop the computation book and the supporting documentation, including construction days when required. 4.10 Cost Estimate 4.11 Technical Special Provisions 4.12 Field Reviews 4.13 Technical Meetings 4.14 Quality Assurance/Quality Control 4.15 Independent Peer Review 4.16 Supervision 4.17 Coordination 5 ROADWAY PLANS The CONSULTANT shall prepare Roadway, Drainage, Traffic Control, Utility Adjustment Sheets, plan sheets, notes, and details. The plans shall include the following sheets necessary to convey the intent and scope of the project for the purposes of construction: 5.1 Key Sheet 5.2 Summary of Pay Items Including Quantity Input 5.3 Drainage Map 5.4 Typical Section Sheets 5.5 General Notes/Pay Item Notes 5.6 Summary of Quantities 5.7 Box Culvert Data Sheet 5.8 Summary of Drainage Structures 5.9 Optional Pipe/Culvert Material 5.10 Project Layout 5.11 Plan/Profile Sheet 5.12 Special Profile 5.13 Intersection Layout Details A-ll AGfl"DPJ 1TiM No.~ MAR 1 1 2003 pg.~q 5.14 Miscellaneous Detail Sheets 5.15 Drainage Structure Sheet 5.16 Miscellaneous Drainage Detail Sheets 5.17 Lateral Ditch Plan/Profile 5.18 Lateral Ditch Cross SectioDS 5.19 RetentionIDetention Ponds Detail Sheets 5.20 Retention Pond Cross SectiODS 5.21 Cross-Section Pattern Sheet 5.22 Roadway Soil Survey Sheet 5.23 Cross SectioDS 5.24 Traffic Control Plan Sheets 5.25 Traffic Control Cross Section Sheets 5.26 Traffic Control Detail Sheets 5.27 Utility Adjustment Sheets 5.28 Selective Clearing and Grubbing 5.29 Erosion Control Plan 5.30 SWPPP 5.31 Project Control Network Sheet 5.32 Interim Standards 5.33 Utility Verification Sheet (SUE Data) 5.34 Quality Assurance/Quality Control 5.35 Supervision 6 DRAINAGE ANALYSIS The CONSULTANT shall analyze and document Drainage Tasks in accordance with all applicable Manuals. guidelines, standards, handbooks, procedures, and current design memorandums. The CONSULTANT shall be responsible for designing a drainage and stormwater management system.. All design work shall comply with the requirements of the appropriate regulatory agencies and the FOOT's Drainage Manual. Coordinate fully with the appropriate permitting agencies and the COUNfY's staff. The work will include the engineering analyses for any or all of the following. AGlitjD~ ITfM No.~ MAR 1 1 2003 , , A-12 Pg. ~ 6.1 Determine Base Clearance Water Elevation Analyze, determine and document high water elevations which will be used to set roadway profile grade. Determine surface water elevations at cross drains, floodplains, outfalls and adjacent stormwater ponds. Determine groundwater elevations at intervals between the above mentioned surface waters. 6.2 Pond Site Analysis Report Evaluate pond sites using a preliminary hydrologic analysis. Document the results and coordination for all of the project's pond site analyses. The FOOT Drainage Manual provides specific documentation requirements. 6.3 Design of Cross Drains Analyze the hydraulic design of cross drains. Check existing cross drains to determine if they are structurally sound and can be extended. Document the design as required. Determine and provide flood data as required. 6.4 Design of Roadway Ditches Design roadway conveyance ditches. This includes determining ditch cross sections, grades, selecting suitable channel lining, designing the side drain pipes, and documentation. 6.5 Design of Outfalls Analyze and document the design of ditch or piped outfalls. 6.6 Design of Stormwater Management Facility (Offsite Pond) Design storm water management facilities to meet requirements for stormwater quality treatment and attenuation. Develop proposed pond layout (shape. contours, slopes, etc.), do routing calculations, and design the outlet control structure. 6.7 Design of Stormwater Management Facility (Roadside Ditch as Linear Pond) Design storm water management facilities to meet requirements for stormwater quality treatment and attenuation. Develop proposed pond layout (shape, contours, slopes, etc.), do routing calculations, and design the outlet control structure. 6.8 Design of Flood Plain Compensation Area Detennine flood plain encroachments, coordinate with regulatory agencies, and develop proposed compensation area layout (shape, contours, slopes, etc.). Document the design following the requirements of the regulatory agency. 6.9 Design of Storm Drains Develop a "working drainage map," determine runoff, inlet locations, and spread. Calculate hydraulic losses (friction, utility conflict and, if necessary, minor losses). Determine Design Tailwater and, if necessary, outlet scour protection. 6.10 Optional Culvert Material Determine acceptable options for pipe materials. AG~Ph.1 1TTt:M M No.~ " " A-13 MAR 1 1 2003 3_1 Pg. 6.11 Drainage Design Documentation Report Compile drainage design documentation into report fonnat. Include documentation for all the drainage design tasks and associated meetings and decisions. except the Pond Siting Analyses and Report and Bridge Hydraulics Report. 6.12 Cost Estimate 6.13 Technical Special Provisions 6.14 Field Reviews 6.15 Technical Meetings 6.16 Quality Assurance/Quality Control 6.17 Independent Peer Review 6.18 Supervision 6.19 Coordination 7 UTILITIES The CONSULTANT shall identify utility facilities and secure agreements, utility work schedules, and plans from the Utility Agency Owners (UAO) ensuring no conflicts exist between utility facilities and the COUNfY's construction project. The CONSULTANT shall certify all utility negotiations have been completed with arrangements made for utility work to be undertaken. 7.1 Kickoff Meeting CONSULTANT shall bring a copy of the design project work schedule reflecting utility activities. 7.2 Identify Existing UAO(s) Identify all utilities in the corridor; check with Maintenance for Permits, Sunshine State One Call, Subsurface Utility Engineering (SUE) Report, Design Location Survey, and Existing Plans. 7.3 IndividuaIlField Meetings Make Utility Contacts First Contact: Send letters and two sets of plans to each utility, one set for the utility office, one set each to construction and maintenance if required. Includes contact by phone for meeting coordination. Request type, size, location, easements, cost for compensable relocation, and justification for any utility exceptions. Include the meeting schedule (if applicable) and the design schedule. Include typical meeting agenda. Second Contact: At a minimum of 4 weeks prior to the meeting, the CONSULTANT shall transmit two complete sets of Phase II plans to each UAO having facilities located within the project limits, and one set to the COUNTY. Third Contact: Identify agreements and assemble packages. Send agreements, letters and two sets of plans to the UAO(s) including all component sets, one set for the utility office. one set to construction and maintenance if required. Include the design schedule. Not all projects will have all contacts as described above. AG,t'lDh IT.E EMM No.~ MAR 1 1 2003 Pg. (~ 7.4 Preliminary Utility Meeting , , A-14 The CONSULTANT shall schedule (time and place), notify participants, and conduct a preliminary utility meeting with all affected UAO(s) for the purpose of presenting the project, review the current design schedule, evaluate the utility information collected, provide follow-up information on compensable interest requests, discuss the utility work by highway contractor option with each utility, and discuss any future design issues that may impact utilities. This is also an opportunity for the UAO(s) to present proposed facilities. The CONSULTANT shall keep accurate minutes and distribute a copy to all attendees. 7.5 IndividuallField Meetings The CONSULTANT shall meet with eacb UAO separately throughout the project design duration to provide guidance in the interpretation of plans, review changes to the plans and schedules, optional clearing and grubbing work. and assist in the development of the UAO(s) plans and work schedules. The CONSULTANT is responsible for motivating the UAD to complete and return the necessary documents after each Utility Contact or Meeting. 7.6 Collect and Review Plans and Data from UAO(s) Make Determinations (Compensable Interest. Easements, Coordinate, Analyze). Ensure information (utility type, material and size) is sent to the designer for inclusion in the plans. Coordinate programming of funds. 7.7 Utility Design Meeting Prior to the meeting, the CONSULTANT shall transmit two complete sets of Phase II plans to each UAO having facilities located within the project limits. and one set to the COUNTY. The CONSULTANT shall scbedule (time and place), notify participants, and conduct a Utility meeting with all affected UAO(s). The CONSULTANT shall be prepared to discuss drainage. traffic signalization, maintenance of traffic (construction phasing), review the current design schedule and letting date, evaluate the utility information collected. provide follow-up information on compensable interest requests, discuss the utility work by highway contractor option with each utility, discuss any future design issues that may impact utilities, etc., to the extent that they may have an effect on existing or proposed utility facilities with particular emphasis on drainage and maintenance of traffic with each UAD. The intent of this meeting shall be to identify and resolve conflicts between utilities and proposed construction prior to completion of the plans, including utility adjustment details. Also recommend resolution between known utility conflicts with proposed construction plans as practical. The CONSULTANT shall keep ?ccurate lI'inutes of all meetings and dj~trihl1tp. a copy to all attendees. 7.8 Review Utility Markups and Work Schedules and Processing of Schedules and Agreements Review utility marked up plans individually as they are received for content and coordinate review with the designer. Send color markups and schedules to the appropriate COUNTY office(s) for review. Distribute Executed Final Documents. Prepare Work Order for UAO(s). Coordinate programming of funds. 7.9 Utility Coordination/FoUowup This includes follow-up, interpreting plans, and assisting and the completion of the UAO(s). work schedule and agreements. Includes phone calls. face-to-face meetings. etc., to motivate and ensure the UAO(s) complete and return the required documents in accordance with the project schedule. Ensure the resolution of all known conflicts. This task can be applied to all phases of the project. 7.10 Utility Constructability Review Review utility schedules against construction contract time, and phasing for compatibility. AGF~D~IIEM NO.~ MAR 1 1 2003 Pg. .~~ -- , A-IS 7.11 Contract Plans to UAO(s) This includes transmittal of the contract plans as processed for letting. Transmittals to UAO(s) are by certified mail, return receipt requested. 7.12 CertificationlOose-Out The CONSULTANT shall certify to the appropriate COUNTY representative the following: All utility negotiations (Full execution of each agreement, approved Utility Work Schedules, technical special provisions written, etc.) have been completed with arrangements made for utility work to be undertaken and completed as required for proper coordination with the physical construction schedule. OR An on-site inspection was made and no utility work will be involved. OR Plans were sent to the Utility Companies/Agencies and no utility work is required. 8 ENVIRONMENTAL PERMITS The CONSULTANT shall notify the COUNTY Project Manager, Environmental Permit Coordinator and other appropriate personnel in advance of all scheduled meetings with the regulatory agencies to allow a COUNTY representative to attend. The CONSULTANT shall copy in the Project Manager and the Environmental Permit Coordinator on all permit related correspondence and meetings. 8.1 Preliminary Project Research The CONSULTANT shall perform preliminary project research and shall be responsible for early identification of and coordination with the appropriate regulatory agencies, including U.S. Fish and Wildlife Service, Florida Department of State Division of Historical Resources, Florida Fish and Wildlife Conservation Commission an Florida Natnral Arell~ Tnventory to assure that design efforts are properly directed toward permit requirements. 8.2 Complete Permit Involvement Form The CONSULTANT shall document permit involvement in coordination with the Permit Coordinator and COUNTY Project Manager. To be done upon completion of preliminary project research. 8.3 Establish Wetland Jurisdictional lines The CONSULTANT shall collect all data and information necessary to determine the boundaries of wetlands and surface waters defined by the rules or regulations of each agency processing or reviewing a permit application necessary to construct a COUNTY projecL 8.4 Agency Verification of Wed and Data The CONSULTANT shall be responsible for verification of wetland data identified in Section 8.3 and coordinating regulatory agency field reviews, including finalization of wetland assessments with applicable agencies. 8.5 Complete and Submit All Required Permit Applications The CONSULTANT shall prepare permit packages as identified in the Project Descnp AqE;f'iO~T~U nNo;~ A-16 MAR 1 1 2003 Pg.-.aL The CONSULTANT shall collect all of the data and information necessary to obtain the environmental permits required to construct a project The CONSULTANT shall prepare each permit application for COUNTI approval in accordance with the rules and/or regulations of the environmental agency responsible for issuing a specific permit and/or authorization to perform work. 8.6 Prepare Dredge and Fill Sketches 8.7 Prepare USCG Permit Sketches 8.8 Prepare Easement Sketches 8.9 Prepare Right-of-Way Occupancy Sketches 8.10 Prepare Tree Permit Information 8.11 Mitigation Coordination and Meetings The CONSULTANT shall coordinate with COUNTI personnel prior to approaching any environmental permitting or reviewing agencies. Once a mitigation plan has been reviewed and approved by the COUNTY. the CONSULTANT will be responsible for coordinating the proposed mitigation plan with the environmental agencies. 8.12 Environmental Clearances The CONSULTANT shall prepare clearances for all pond and/or mitigation sites identified. Archaeololrical and Historical Features: The CONSULTANT shall collect data necessary to completely analyze the impacts to all cultural and historic resources by the pond and/or mitigation sites and prepare a Cultural Resource Assessment Request Package. Wetland Impact Analvsis: The CONSULTANT shall analyze the impacts to wetlands for the pond and/or mitigation sites and complete the Wetlands Evaluation Report. Threatened <,-rul Endangered Species Analvsis: The CO)IJ.~JTT TAm shall collect d:ata necessa..ry to perform an Endangered Species Biological Assessment, and analyze the impacts to wildlife and habitat by the pond and/or mitigation sites. Phase One Environmental Audit/Assessment: The CONSULTANT shall perform the necessary analysis to complete the Contamination Screening Evaluation for the pond and/or mitigation sites and complete the Contamination Screening Evaluation Report. Stormwater Pollution Prevention Plan: The CONSULTANT shall prepare the Stormwater Pollution Prevention Plan and obtain the FDEP and EP A NPDES Permits. 8.13 Technical Meetings 8.14 Quality Assurance/Quality Control 8.15 Supervision 8.16 Coordination A-I? AG~~g~ITFM No.~ MAR 1 1 2003 35 , Pg. 9 STRUCTURES - SUMMARY AND MISCELLANEOUS TASKS AND DRAWINGS Analyze and design all structures in accordance with applicable provisions as defined in Section 2.16, Provisions for Work. Contract documents shall display economical solutions for the given conditions. The CONSULTANT shall provide Design Documentation to the COUNTY with each submittal consisting of structural design calculations and other supporting documentation developed during the development of the plans. The design calculations submitted shall adequately address the complete design of all structural elements. These calculations shall be neatly and logically presented on 81h"xll" paper (where possible) and all sheets shall be numbered. The final design calculations shall be signed and sealed by a Rorida-registered professional engineer. A cover sheet indexing the contents of the calculations shall be included and the engineer shall sign and seal that sheet AIl computer programs and parameters used in the design calculations shall include sufficient backup information to facilitate the review task. 9.1 Index of Drawings 9.2 Project Layout 9.3 General Notes and Bid Item Notes 9.4 Incorporate Florida Department of Transportation Standards 9.5 Incorporate Report of Core Borings 9.6 Computation Book and Quantities 9.7 Cost Estimate 9.8 Technical Special Provisions 9.9 Field Reviews 9.10 Technical Meetings 9.11 Qual!tyAssurancelQuality Control 9.12 Independent Peer Review 9.13 Supervision 9.14 Coordination 10 STRUCTURES - RETAINING WALL GRNFRAJ. RROTJJRRMRNTS 10.1 Key Sheets 10.2 Horizontal Wall Geometry CAST-IN-PT.ACE RRTATNlNG WU.I.t; 10.3 Design AGENl?J},ITF~ No.~ 10.4 Vertical Wall Geometry A-IS MAR 1 1 2003 30 Pg. 10.5 General Notes 10.6 Wall Plan and Elevations (Control Drawings) 10.7 Sections and Details 10.8 Reinforcing Bar List OTHFR RRTAINING WAT.L~ 10.9 Design 10.10 Vertical Wall Geometry 10.11 General Notes, Tables and Miscellaneous Details 10.12 Wall Plan and Elevations 10.13 Details 11 STRUCTURES - MISCELLANEOUS CONCRETE Box em,VERTS 11.1 Concrete Box Culverts 11.2 Concrete Box Culverts Extensions MAST ARMS 11.3 Mast Arms SOUND BARRIER WAI.LS (GROUND MOUNT) The CONSULTANT will follow the procedures outlined in the Florida Department of Transportation Project Development and Environmental Manual, Part 2, Chapter 17, in conducting a noise study and for determining the need for noise abatement for the project. 11.4 Horizontal WaD Geometry 11.5 Vertical Wall Geometry 11.6 Semi-Standard Drawings 11.7 Control Drawings 11.8 Design for Wall Height Covered by Standards 11.9 Aesthetic Details 12 SIGNING AND PAVEMENT MARKING ANALYSIS The CONSULTANT shall analyze and document Signing and Pavement Markings Tasks in .". all applicable manuals. guidelines, standards, handbooks, pr~dures, and GUlTent design mem<l an~J5CD~ITrM MAR 1 1 2003 A-19 Pg. ,~l 12.1 Traffic Data Analysis Perform queue analysis. 12.2 No Passing Zone Study 12.3 Reference and Master Design File 'The CONSULTANT shall prepare the Signing & Marking Design file to include all necessary design elements and all associated reference files. 12.4 Multi-Post Sign Support Calculations The CONSULTANT shall determine the appropriate column size from the FDOT's Multi-Post Sign Program(s). 12.5 Sign Panel Design Analysis Establish sign layout, letter size and series for non-standard signs. 12.6 Sign LightinglEJectrical Calculations Includes the verification of photometries on lighted, load center and voltage drop calculations. 12.7 Quantities 12.8 Computation Book 12.9 Cost Estimates 12.10 Technical Special Provisions 12.11 Field Reviews 12.12 Technical Meetings 12.13 Quality Assurance/Quality Control 12.14 Independent Peer Review 12.15 Supervision 12.16 Coordination 13 SIGNING AND PAVEMENT MARKING PLANS The CONSULTANT shall prepare a set of Signing and Pavement Marking Plans in accordance with the Plans Preparation Manual that includes the following: 13.1 Key Sheet 13.2 Summary of Pay Items Including CES Input 13.3 Tabulation of Quantities AGE~pA~TljM No.~ MAR 1 1 2003 38 13.4 \ General'NoteslPay Item Notes A-20 Pg. 13.5 Project Layout 13.6 PIan Sheet 13.7 Typical Details 13.8 Guide Sign Work Sheet(s) 13.9 Traffic Monitoring Site 13.10 Cross Sections 13.11 Special Service Point Details 13.12 Special Details 13.13 Interim Standards 13.14 Quality Assurance/Quality Control 13.15 Supervision Overhead Sign Structure Sheet and Soil Boring Sheet are prepared in other activities of this scope. 14 SIGNALIZATION ANALYSIS The CONSULTANT shall analyze and document Signalization Analysis Tasks for the existing Traffic Signal System at the intersection of Collier Boulevard and Immokalee Road for modifications needed to accommodate the six-lane configuration in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. 14.1 Systems Timings The CONSULTANT shall determine proper coordination timin~- 14.2 Reference and Master Interconnect Communications Design File The CONSULTANT shall design Interconnect Communications 14.3 Quantities 14.4 Cost Estimate 14.5 Technical Special Provisions 14.6 Field Reviews 14.7 Technical Meetings 14.8 Quality Assurance/Quality Control 14.9 Supervision and Coordination 15 SIGNALIZATION PLANS A~t"l?b I,EM 'No.~ MAR 1 1 2003 31 Pg. , A-21 The CONSULTANT shall prepare a set of Signp,lization Plans in accordance with the FOOT Plans Preparation Manual, which includes the following: 15.1 Key Sheet 15.2 Summary of Pay Items Including CES Input 15.3 Tabulation of Quantities 15.4 General NoteslPay Item Notes 15.5 Plan Sheet 15.6 Interconnect Plans 15.7 Traffic Monitoring Site 15.8 Guide Sign Worksheet 15.9 Special Details 15.10 Special Service Point Details 15.11 Utility Conflict Sheet 15.12 Interim Standards 15.13 Quality Assurance/Quality Control 15.14 Supervision 16 LIGHTING ANALYSIS The CONSULTANT shall analyze and document Lighting Tasks in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design. 16.1 Lighting Justification Report The CONSULTANT shall prepare a Lighting Justification Report. The report shall be submitted under a separate cover with the Phase I plans submittal, titles Lighting Design Analysis Report. 16.2 Lighting Design Analysis Report The CONSULTANT shall prepare a Preliminary Lighting Design Analysis Report. The report shall be submitted under a separate cover prior to the Phase IT plans submittal. The report shall provide analyses for each typical section of the mainline, typical section for the ramps (one and lor twolanes), interchanges, underdeck lighting, and arterial roads. Each lighting calculation shall be properly identified as to the area that it covers. The report shall include the Lighting Design Criteria that will be used and sball include the evaluation of at least three lighting design alternatives and a recommendation on the alternative to use. Each alternative shall be properly described; the alternatives shall consider different pole heights, lamp wattage, and arm lengths. Each alternative shall be provided with a cost estimate that includes initial cost in addition to operations and maintenance cost for one year. A-22 N:j~t 'TEM MAR 1 1 2003 pg.~ , After approval of the preliminary report the CONSULTANT shall submit a revised report including a detailed lighting design analysis for each submittal. 16.3 Voltage Drop Calculations The CONSULTANT shall submit voltage drop calculations showing the equations used along with the number of luminaries per circuit, the length of each circuit, the size conductor or conductors used and their ohm resistance values. !be voltage drop incurred on each circuit .(total volts and percentage of drop) shall be calculated, and all work necessary to calculate the voltage drop values for each circuit should be presented in such a manner as to be duplicated by the County. Load analysis calculations shall be submitted for each branch circuit breaker and main breaker. 16.4 FDEP Coordination and Report 16.5 Reference and Master Design Files The CONSULTANT shall prepare the Lighting Design file to include all necessary design elements and all associated reference files. 16.6 Design Documentation The CONSULTANT shall submit a Roadway Lighting Design Documentation Book with each lighting plans submittal under a separate cover and not part of the roadway documentation book. At a minimum, the design documentation book shall include: Lighting Calculations. Back up sheet for each bid item quantity total on each lighting plan sheet. Phase submittal checklist Three-way quantity check list. Structural calculation for special conventional pole concrete foundations Letter to the power company requesting service. Power company confirmation letter on the requested services. Voltage drop calculations. Load analysis calculations. 16.7 Quantities 16.8 Cost Estimate 16.9 Technical Special Provisions 16.10 Field Reviews The CONSULTANT shall collect information from the maintaining agencies and conduct a field review. The review should include but is not limited to the following: Existing Lighting Equipment Load Center, Capabilities and Condition/Age. Condition of Lighting Structure(s) 16.11 Technical Meetings A-23 AG~~AJT'iM , No.~ MAR 1 1 2003 41 Pg. 16.12 Quality Assurance/Quality Control 16.13 Independent Peer Review 16.14 Supervision 16.15 Coordination 17 LIGHTING PLANS The CONSULTANT shall prepare a set of Lighting Plans in accordance with the Plans Preparation Manual, which includes the following: 17.1 Key Sheet 17.2 Summary of Pay Item Sheet Including CES Input 17.3 Tabulation of Quantities 17.4 General NoteslPay Item Notes 17.5 Pole Data and Legend & Criteria 17.6 Service Point Details 17.7 Project Layout 17.8 Plan Sheet 17.9 Special Details 17.10 Temporary Lighting Data and Details 17.11 Traffic Control Plan Sheets 17.12 Interim Standards 17.13 Quality Assurance/Quality Control 17.14 Supervision 18 SURVEY The COUNTY will provide the CONSULT ANI' with a baseline survey provided under separate contract. The baseline survey will be provided in the form of hard copy plan drawings and computer files in AutoCad format. The surveying was conducted for the purpose of providing existing topographic and utility features to advance design. The CONSULTANT will supplement this survey with site-specific data gathering in the process of developing the design of this project. The CONSULTANT will notify the COUNTY if errors are found in the data. The baseline survey will be expanded at the Collier Boulevard Intersection with Rattlesnake Hammock Road to 1,000 north and south on Collier Boulevard and east 1,000' on Florida Sports Park Road so that it is available in the event that a full redesign of this intersection becomes part of this contract. AGtftjl?J}iT~M No.~ MAR 1 1 2003 4d-. Pg. A-24 18.1 Alignment and/or Existing Right of Way Lines Establish, recover or re-establish project alignment. Also includes analysis and processing of all field collected data, existing maps, and/or reports for identifying mainline, ramp, offset, or secondary alignments. Depict alignment and/or existing R/W lines (in required format) per COUNTY RfW Maps, platted or dedicated rights of way. 18.2 Digital Terrain Model (DTM) 18.3 Pond Site Survey Refer to tasks of this document as applicable 18.4 Mitigation Survey Refer to tasks of this document as applicable. 18.5 Geotechnical Support Perform 3-dimensional (X,Y,Z) field location, or stakeout, of boring sites established by geotechnical engineer. Includes field edits, analysis and processing of all field collected data and/or reports. 18.6 Maintained R/W Perform field location (2-dimensional) of maintained RJW limits as defined by respective authorities, if needed. Also includes field edits, analysis and processing of all field collected data, preparation of reports. 18.7 Water Boundary Survey Perform Mean High Water, Ordinary High Water and Safe Upland Line surveys as required by FDOT standards. 18.8 Work Zonc Safety Provide work zone as required by FDOT standards. 18.9 Supervision Perform all activities required to supervise and coordinate project. These activities must be performed by the project supervisor, a Florida Professional Surveyor. 18.10 Coordination .19 MAPPING -....... The COUNTY will provide the CONSULTANT with mapping provided under separate contract. The mapping will be provided in the form of hard copy plan drawings and computer files in AutoCad format. The mapping was conducted for the purpose of providing existing topographic and utility features to advance that portion of the design effort. The CONSULTANT will supplement this effort with site-specific data gathering in the process of developing the design of this project The CONSULTANT will notify the COUNfY if errors are found in the data. ~GE~f?ttSt- MAR 1 1 200l pg.~ , A-25 MASTF.R CAOD Frr.E 19.1 Alignment 19.2 Section and 114 Section Lines 19.3 Subdivisions 19.4 Existing Right of Way 19.5 Topography 19.6 Parent Tract Properties and Existing Easements 19.7 Proposed Right of Way Requirements The ENGINEER OF RECORD (EaR) will provide the proposed requirements. The PSM is responsible for calculating the final geometry. 19.8 Limits of Construction The limits of construction DGN file as provided by the EOR will be imported or referenced to the master CADD file. Additional labeling will be added as required. The PSM is required to advise the EaR of any noted discrepancies between the limits of construction line and the existing/proposed right of way lines, and for making adjustments as needed when a resolution is determined. 19.9 Jurisdictional/Agency Lines These lines may include but are not limited to jurisdictional. wetland, water boundaries. and city/county limit lines. SHEET FIT ,KC;; 19.10 Control Survey Cover Sheet 19.11 Control Survey Key Sheet 19.12 Control Survey Detail Sheet 19.13 Right of Way Map Cover Sheet 19.14 Right of Way Map Key Sheet 19.15 Right of Way Map Detail Sheet 19.16 Maintenance Map Cover Sheet 19.17 Maintenance Map Key Sheet 19.18 Maintenance Map Detail Sheet 19.19 Reference Point Sheet This sheet(s) will be included with the Control Survey Map. Right of Way Map and Maintenance Map. Aq~_~ ITEM No.~ MAR 1 1 2003 Pg.~ A-26 19.20 Project Network Control Sheet This sheet depicts the baseline, the benchmarks, the primary and secondary control points and their reference points including the type of material used for each point, their XYZ coordinates, scale factors and convergence angles. This sheet(s) may be included with the Control Survey Map, Right of Way Map and Maintenance Map. 19.21 Table of Ownerships Sheet MISr.F.J.T.ANROIJS SURVEYS AND SKF.TnD'_4; 19.22 Parcel Sketches 19.23 mTF Sketches 19.24 Other Specific Purpose Survey(s) 19.25 Boundary Survey(s) Map 19.26 Right of Way Monumentation Map 19.27 Title Search Map 19.28 Title Search Report 19.29 Legal Descriptions 19.30 Final MaplPlans Comparison The PSM will perform a comparison of the final right of way maps with the available construction plans to review the correctness of the type of parcel to be acquired and the stations/offsets to the required right of way. The PSM will coordinate with the EOR to resolve any conflicts or discrepancies and provide documentation of the review. 19.31 Field Reviews 19.32 Technical Meetings 19.33 Quality Assurance/Quality Control 19.34 Supervision 19.35 Coordination 20 GEOTECHNICAL The CONSULTANT shall, for each project, be responsible for a complete geotechnical investigation. All work performed by the CONSULTANT shall be in accordance with FOOT standards. The CONSULTANT shall notify the COUNTY in adequate time to schedule a representative to attend all related meetings and field activities. - No~~7Et.A MAR 1 1 2003 4.5 A-27 Pg. 20.1 Document Collection and Review CONSULTANT will review printed literature including topographic maps, county agricultural maps, aerial photography (including historic photos), ground water resources, geology bulletins, potentiometric maps, pile driving records, historic construction records and other geotechnical related resources. Prior to field reconnaissance, CONSULTANT shall review U.S.G.S., S.C.S. and potentiometric maps, and identify areas with problematic soil and groundwater conditions. ROADWAY The CONSULTANT shall be responsible for coordination of all geotechnical related fieldwork activities. The CONSULTANT shall retain all samples until acceptance of Phase IV plans. The preliminary roadway exploration will be performed and results provided to the Engineer of Record to assist in setting roadway grades and locating potential problem areas. All laboratory testing and classification will be performed in accordance with applicable FOOT standards, AS1M Standards or AASHTO Standards, unless otherwise specified in the Contract Documents. 20.2 Detailed Boring Location Plan Develop a detailed boring location plan. If the drilling program expects to encounter artesian conditions, the CONSULTANT shall submit a methodology(s) for plugging the borehole to the COUNTY for approval prior to commencing with the boring program. 20.3 Stake Borings/Utility Oearance Stake borings and obtain utility clearance. 20.4 MOT Plans for Field Investigation Coordinate and develop Maintenance of Traffic (MOT) plan. All work zone traffic control will be performed in accordance with the FDOT's Roadway and Traffic Design Standards Index 600 series. 20.5 Drilling Access Permits Obtain all State, County, City, and Water Management District permits for performing geotechnical borings, as needed. 20.6 Groundwater Monitoring Monitor groundwater, using piezometers. 20.7 LBR Sampling Collect appropriate samples for Limerock Bearing Ratio (LBR) testing. 20.8 Coordination of Field Work Coordinate all field work required to provide geotechnical data for the project. 20.9 Soil and Rock Oassification - Roadway Refine soil proflles recorded in the field, based on results of laboratory testing. A-28 AGt:~O~T~M No.---+4:D-J-- MAR 1 1 2003 pg.~ 20.10 Design LBR Determine design LBR values from the 90% and mean methods. 20.11 Laboratory Data Tabulate laboratory test results for inclusion in the geotechnical report, the report of tests sheet (Roadway Soil Survey Sheet), and for any necessary calculations and analyses. 20.12 Seasonal High Water Table Review the encountered ground water levels and estimate seasonal high ground water levels. Estimate seasonal low ground water levels, if requested. 20.13 Parameters for Water Retention Areas Calculate parameters for water retention areas, exfiltration trenches, and/or swales. 20.14 Limits of Unsuitable Material Delineate limits of unsuitable material(s) in both horizontal and vertical directions. Assist the Engineer of Record with detailing these limits on the cross-sections. If requested, prepare a plan view of the limits of unsuitable material. Assist the Engineer of Record in determining the limits of required subsoil excavation. 20.15 ASCII Files for Cross-Sections Create AScn files of boring data for cross-sections. 20.16 Stormwater Volume Recovery and/or Background Seepage Analysis Perform stormwater volume recovery analysis. 20.17 Geotechnical Recommendations Provide geotechnical recommendations regarding the proposed roadway construction project including the following: description of the site/alignment, design recommendations and discussion of any special considerations (i.e. removal of unsuitable material, consolidation of weak soils, estimated settlement time/amount, groundwater control, high groundwater conditions relative to pavement base, etc.) Evaluate and recommend types of geosynthetics and properties for various applications, as required. 20.18 Preliminary Report If a preliminary roadway investigation is performed, a preliminary roadway report shall be submitted before the Phase I plans submittal. The purpose of the preliminary roadway report will be to assist in setting road grades and locating potential problems. Copies ofU.S.G.S. and S.C.S. maps with project limits shown A report of tests sheet that summarizes the laboratory test results, the soil stratification (i.e. soils grouped into layers cif similar materials) and construction recommendations relative to Standard Indices 500 and 505 Results of all tasks discussed in the previous section (Data Interpretation and Analysis). An appendix that contains stratified soil boring profiles, laboratory test data sheets, sample embankment settlement and stability calculations, design LBR calculation/graphs. and other pertinent calculations., , AGEt'P_J)iT~M No.~ MAR 1 1 2003 4l A-29 Pg. The CONSULTANT will respond in wntIng to any changes and/or comments from the COUNTY and submit any responses and revised reports. 20.19 Final Report The Final Roadway Report shall include the following: Copies ofV.S.G.S. and S.C.S. maps with project limits shown _ A report of tests sheet that summarizes the laboratory test results, the soil stratification (i.e. soils grouped into layers of similar materials) and construction recommendations relative to Standard Indices 500 and 505 Results of all tasks discussed in the previous section (Data Interpretation and Analysis). An appendix that contains stratified soil boring profiles, laboratory test data sheets, sample embankment settlement and stability calculations, design LBR calculation/graphs, and other pertinent calculations. The CONSULTANT will respond in writing to any changes and/or comments from the COUNTY and submit any responses and revised reports. STRTJCTIJRR'\ The CONSULTANT shall be responsible for coordination of all geotechnical related fieldwork activities. The CONSULTANT shall retain all samples until acceptance of Phase IV plans. CONSULTANT shall perform specialized field-testing as required by needs of project. All laboratory testing and classification will be performed in accordance with applicable FOOT standards, ASTM Standards or AASHTO Standards, unless otherwise specified in the Contract Documents. The staff hour tasks for structural foundations for box culverts, walls, overhead signs, mast arm signals, and other structures include the following: 20.20 Detailed Boring Location Plan Develop a detailed boring location plan. If the drilling program expects to encounter artesian conditions, the CONSULTANT shall submit a methodology(s) for plugging the borehole. Stake BoringslUtility Clearance Stake borings and obtain utility clearance. 20.21 MOT Plans for Field Investigation Coordinate and develop MOT plan. All work zone traffic control will be performed in accordance with the FOOT's Roadway and Traffic Design Standards Index 600 series. 20.22 Collection of Corrosion Samples Collect corrosion samples for determination of environmental classifications. 20.23 Coordination of Field Work Coordinate all field work required to provide geotechnical data for the project. 20.24 Soil and Rock Classification - Structures Soil profiles recorded in the field should be refined based on the results of laboratory . AGfiN~b ryEM " No.~ MAR 1 1 2003 ~ Pg. " " A-30 20.25 Tabulation of Laboratory Data Laboratory test results should be tabulated for inclusion in the geotechnical report and for the necessary calculations and analyses. 20.26 Design Groundwater Level for Structures Review encountered ground water levels, estimate seasonal high groundwater levels, and evaluate groundwater levels for structure design. . 20.27 Walls Provide the design soil profile(s), which include the soil modeUtype of each layer and all soil engineering properties required by the Engineer of Record for conventional wall analyses and recommendations. Review wall design for geotechnical compatibility and constructability. Evaluate the external stability of conventional retaining walls and retained earth wall systems. For retained earth wall systems, calculate and provide minimum soil reinforcement lengths versus wall heights, and soil parameters assumed in analysis. Estimate differential and total (long term and short term) settlements. Provide wall construction recommendations. 20.28 Soil Parameters for Signs, and Geotechnical Recommendations Provide the design soil profile(s) that include the soil model/type of each layer and all soil properties required by the Engineer of Record for foundation design. Review design for geotechnical compatibility and constructability. 20.29 Box Culvert Analysis Provide the design soil profile(s) that include the soil model/type of each layer and all soil properties required by the Engineer of Record for foundation design. Review design for geotechnical compatibility and constructability. Provide lateral earth pressure coefficients. Provide box culvert construction and desi~n recommendations. Estimate differential and total (long term and short term) settlements. Evaluate wingwall stability. 20.30 Final Reports - Signs, Signals, Box Culvert, Walls, and High Mast Lights The final reports shall include the following: Copies of u.s.a.s. and S.C.S. maps with project limits shown. Summary of structure background data, SCS, USGS, geologic and potentiometric data. The results of all tasks discussed in the previous section (Data Interpretation and Analysis). Recommendations for foundation installation, or other site preparation soils-related construction considerations with plan sheets as necessary. Any special provisions required for construction that are not addressed in the FOOT's Standard specification. An Appendix which includes SPT and CPT boring/sounding profiles, data from any specialized field tests, engineering analysis, notes/sample calculations, sheets showing ultimate bearing capacity curves versus elevation for piles and drilled shafts.. a complete FHW A check list. pile driving records (if available) and any other pertinent infonnation. Final reports will incorporate comments from the COUNTY and contain any laboratory test results, recommended foundation alternatives along with design p , , eters~TfiM No.~ MAR 1 1 2003 ~q Pg. A-31 provisions for the contract plans. The reports will be submitted in final form and will include the following: All original plan sheets (II" x 17") One set of all plan and specification documents, in electronic format, according to FDOT requirements Two sets of record prints Six sets of any special provisions All reference and support documentation used in preparation of contract plans package Additional final reports (up to four), aside from stated above, may be needed and requested for the COUNTY's Project Manager and other disciplines. ' The final reports, special provisions, as well as record prints, will be signed and sealed by a Professional Engineer registered in the State of Florida. Draft the detailed boring/sounding standard sheet, including environmental classification, results of laboratory testing, and specialized construction requirements, for inclusion in final plans. 20.31 Drafting Prepare a complete set of drawings to include all SPT borings, auger borings and other pertinent soils information in the plans. Include these drawings in the Final Geotechnical Report. Draft borings, location map, S.C.S. map and U.S.D.A. map. Soil symbols must be consistent with those presented in the latest Florida Department of Transportation Soils and Foundations Handbook. 20.32 Technical Special Provisions 20.33 Field Reviews Identify and note surface soil and rock conditions, surface water conditions and locations, and preliminary utility conflicts. Observe and note nearby structures and foundation types. 20.34 Technical Meetings 20.35 Quality Assurance/Quality Control 20.36 Supervision 20.37 Coordination 21 PROJECT REQUIREMENTS 21.1 Liaison Office The COUNTY and the CONSULTANT will designate a Liaison Office and a Project Manager who shall be the representative of their respective organizations for the Project. While it is expected the CONSULTANT shall seek and receive advice from various state, regional, and local agencies, the final direction on all matters of this project remain with the COUNTY. 21.2 Key Personnel The CONSULTANT's work shall be performed and directed by the key personnel identified in the proposal presentations by the CONSULTANT. Any changes in the indicated personnel shall be subject to review and approval by the COUNTY. NO~GEf\tAP;t- MAR 1 1 2003 50 A-32 Pg. 21.3 Progress Reporting The CONSULTANT shall meet with the COUNTY as required and shaH provide a written progress and schedule status reports that describe the work performed on each task. Progress and schedule status reports shall be delivered to the COUNTY concurrently with the monthly invoice. The Project Manager will make judgment on whether work of sufficient quality and quantity has been accomplished by comparing the reported percent complete against actual work accomplished. 21.4 Correspondence Copies of all written correspondence between the CONSULTANT and any party pertalDlDg specifically to this contract shall be provided to the COUNTY for their records within one (1) week of the receipt or mailing of said correspondence. 21.5 Professional Endorsement The CONSULTANT shall have a Registered Professional Engineer in the State of Florida sign and seal all reports, documents, and plans as required by FOOT standards. 21.6 Computer Automation The project will be developed utilizing Computer Aided Drafting and Design (CAD D) systems. It is the responsibility of the CONSULTANT to meet the requirements in the FOOT's CADD Manual. The CONSULTANT will submit final documents and files as described therein. 21.7 Coordination With Other Consultants The CONSULTANT is to coordinate his work with any and all adjacent and integral consultants so as to effect complete and homogenous plans and specifications for the project(s) described herein. 21.8 Optional Services At the COUNTY's option, the CONSULTANT may be requested to provide post design services. The fee for these services shall be negotiated in accordance with the terms detailed in Exhibit B. Method of Compensation, for a fair. competitive and reasonable cost, considering the scope and complexity of the project(s). The additional services may include Construction Assistance, Review of Shop Drawings, or other Post Design Services as required. - 22 INVOICING LIMITS Payment for the work accomplished will be in accordance with Method of Compensation of this contract. Invoices shall be submitted to the COUNlY, in a format prescribed by the COUNTY. The COUNTY Project Manager and the CONSULTANT shall monitor the cumulative invoiced billings to insure the reasonableness of the billings compared to the project schedule and the work accomplished and accepted by the COUNTY. The CONSULTANT will provide a list of key events and the associated total percentage of work considered to be complete at each event. This list will be used to control invoicing. Payments will not be made that exceed the percentage of work for any event until those events have actually occurred and the results are acceptable to the COUNTY. A-33 AGJ=:tJ?~ITIEM No~~ MAR 1 1 2003 Pg.2L- SCHEDULE B BASIS OF COMPENSATION B.1 .1. As consideration for providing Basic Services as set forth herein in Schedule A, OWNER agrees to pay, and CONSULTANT agrees to accept, the lump sum fees as shown on Attachment A entitled .Schedule Fees for Basic Services.. B.1 .2. Payment For Basic Services under Schedule A shall be paid on a lump sum basis in accordance with Schedule C milestones. B.2.1. As consideration for providing properly approved Additional Services set forth in Article Two of this Agreement, OWNER agrees to pay and CONSULTANT agrees to accept payment as a lump sum, or on a time and reimbursable cost basis. Payments for properly approved Additional Services shall be made monthly either as a lump sum, or on a time and reimbursable cost basis computed in accordance with Attachment B entitled "Consultant's Employee Hourly Rate Schedule" for employees working under this Agreement. B.2.2. Reimbursable costs shall mean the actual expenditures made by the CONSULTANT while providing Basic Services or Additional Services, in the interest of the Project, listed in tht:i following sub-paragraphs: (a) expenses for transportation and subsistence incidental to out-at-town travel required by CONSULTANT and directed by OWNER, other- than visits to the Project Site or OWNER's office; (b) expenses for preparation, reproduction, photographic production techniques, postage and handling of drawings, specifications, bidding documents and similar Project-related items in addition to those otherwise required in Basic Services; (c) when authorized in advance by OWNER, except as specifically otherwise provided her~in, the expense of overtime work requiring hi rates; and 17 MAR 1 1 2003 62- Pg. (d) expenses for renderings, models and mock-ups requested by OWNER. B.2.3. By way of example and not limitation, reimbursable costs shalf specifically not include expenditures, except as otherwise described in paragraph 8.2.2, such as: (a) expenses for transportation and subsistence; (b) overhead, including field office facilities; (c) overtime not authorized by OWNER; or (d) expenses for copies, reproductions, postage, handling, express delivery, and long distance communications. B.3.1. In no case shall the lump sum figures on Attachment A be exceeded without a change in the scope of the project being approved, in writing, by the County. 8.3.2. Payments will be made for services rendered, no more than on a monthly basis, within thirty (30) days of submittal of an approvable invoice. The number of the purchase order by which authority the services have been made, shall appear on all invoices. All invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by OWNER. 8.3.3. CONSULTANT acknowledges that Attachment A - Schedule of Fees for Basic Services, Attachment 8 - Consultant's Employee Hourly Rate Schedule, each attached to this Schedule B are incorporated herein and, will be the basis for OWNER's budgeting, authorizing and monitoring of expenditures under this Agreement. END OF SCHEDULE 8. 18 AGE~9~ I~ No.~ MAR 1 1 2003 Pg. 53 , SCHEDULE 8 - A IT ACHMENT A SCHEDULE OF FEES FOR BASIC SERVICES See Attached pages 8-1 through 8-5 , 19 AGE~9A IJE~ No.~ MAR 1 1 2003 pg.~ ~ .' 1/,1 I: 1III,I=I::_r:.;':r:.r:.i~~;I,; III ::1;;;-;i::w:;j:ol..:,i_.oI.JL I Ii i~II~I:!~I~!~ i! ~ I Ir p' .1" 1[' i ~ i IlrI!li i Il" ~ ~ I I'I!~II !,l', ~ i ~ I~~ ~Ull;rp ! r' I~ ,:. I j ~~ II ri II i I ~~i ! I I I ! II Iii II i I II I'~ i I i I . I II I I II, I I I I ' ill i "II I /' I I I I ! I II a TNNj1ww I I w:_W_I__.N iUff I I i~1 ;:a..i~ll-I -~I_.IIN_luwl_~;;_';:;I..OWNIJ:;;:; tHfl I I ! I' Ii.' , , I II i 'Ill i i II I II ill" 1'1' I III I', J I hlill'!" 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'" " -, "~';"":\-'\ ,.." , I · Ii Ii II' ! ill I" Ii Ii II!II U' I' !..Ii i,' i Ii:; ~~ !, 'i~ ~~ ~ - j!i i :1:'=:' ~N, - ~mlr.'=:- ~I- ~ ; ~ jr r i; Ii " ,v i "M' · · tl I I II II ~ I II,' :! I ,'i'r l~ I" ,I , U! I Iff lif i iif j t ii~ I 'I I! ~ Ir II I I! i I I' ! HI, := II If II ' i I! i' i I I : i I ! ,-! I I 'I! i I i II I I I I I' I I I I I: i,'! I ! I , I I ! I i I I I I I I I ! I I I !, I I ! II I I I I I I i ,I II i i I~ +~ I,~~i +1--+ 1+~.1 Iw~l+ i --I- + I Hili II ,III lie I~!=I.+~~I--II+I.I.I. 1~1~lol~1 +I-.-I'~' -1~T~~~oIIN II Hili I' I i I I, "I II I I . ' I, ; 'II' I I 'I III~I'I II I i I : I ! I' ! : 'II : " !II I I I I ! 'I "\11 : I h ~ if l<' ! II': !~ ,lSP::I.li !o::i;;;;I.',ii .1-1:;: :&I':lsl::I~I~ ;;;1; - _;w ~i;ll. I ' la a III fIn i I: ,I I I I I: ,I I I ! I I!, I ,i , I! ,II, i i I i I j I 'I III i.1 Ii Iii! 'i!! IIII IIII Jmi i II ! I II III I I I II i I I I; i " Ii:', i.' : II '1,1, Ii Ii,: i III! [III! I ; I! ,i I HHf ,I ,I i " I I I I I I I I i I . 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I I I, I I I I I I II I I ' I: , I II I I I I I I I I lil,!~ loJ- wlwll___'__ _ _ , w tHfI , , ! i I I II I i I I ,I I , I I ' ,'I! Ii, I" I I -I. II I I I I : , I 1:.. ff i ,. II I., Ils'. NI~ ..1001,; -11......00 ,. :001;:' Iw w -; _Iw Wi';! w I ~ HI , I I ,I ' I: I I I I' Iii I i', ! I' I I!' i I I I' i 1/11/. I I I I' II' i! Ii II" I: .. i i i ! II ! i ! i; 1~:y!:i~lwjT r.; j; ~ .!~ lu1tWlri Y I H If i 1.1 : ,Ii 11.1 i i ,I i iii,' I,i I i III! III I'll i HHt II, I I.' . I I, 'i[i j : Ii If I l'llllli III1 I! I: I! I HHt j i I I I I I I I I : : I.' I! IIII U I Iii Iii' I'! I " i I I' i "II I I ' Ii II I i' II II, i I I I I I ' I ~ I : I : i II II : I II I Ii III ! I i Ii I' II I, fl!!" 0 Ili;ill~ Ii ,I :! I!:/i II! !1!"I,I' rrso~ '111" 1',lllfll 1'111 III 1il!11 II I: : I i I! I !~II i (I h j-iWWiWlwli iw~ 1__:_1_1 'II i IT!"' II, iH<i 'II 'I'II! 1'111111111 I! I I: I' I II 'I'I h: i Iii I ! i I~ I i IITI-uT~-lr"i;:1 1"+ I ----i irilll II i II l~~! u II I II I II-I -1+'- I la ~ j II : :~I l+s~I+I:I===I+-I+'~ _n +1+.I~lyll Ji I '11'1 II'! I I 11'11 I I I~ i I' I~ lIS IS i:l1!!I~W 11 ~Ii:: E mt tI Jifl~ - li:1:~~~~~!Il'~ !: ~e li: ,iI~ f tI i iSl I ~ ~ ~ 5 !IIi! ~ wit::: 1=1= h 1001 ~ ~ -l a I!I -I ;;l !: I I I i I !, I II ..I I ' I 'I I' I' Ii I I II I' I '11' I 'll" . ~ ' I II I I I ,i! I I 1:.. ~ !."::!?i fraos r . ~G\~tP;T1~ MAR 1 1 2003 Pg. C;~ ::> " Iii II! III i ! I 1...1 L "I.. .. ~ ~ I j I i III III i 11.1" ..I.. II ,J i~ Ii I! II I I !irl~~! i. ~I . ~! [ I'I! r iT . 'I ~ ,II ~:f~1 JIH f i Iii .:. i inl : ill!' i~ != ~llft!~ Ji ~ II ; Ii' i 1. i! III I [i i~.~ J, i I, " I Ii 'rl ; j ~f " l~' 'I' I 'ii' ,'I: It rrr~1 ' . .~ ; Ii !u ; Iff!! II i~r lillil f! 'il 1 i ,a il t {II I il ! i ~ ji;: I ! ~Ih! fj I!r ! r I Ii! <I : " I t I ~I! t j " t I. :~ ~ I r I I I r I Ii. t: I a I I ; ii" I' ~ j I; ,i I I ~:! I I I I ! I I i I I III , I, I I I I I I I II II! ,I 111I II~: /" + + -, ! ,I 'II I H If I I I I ! I II I III III 'I 1'1' I i I I i I II 'i' I ' Ii 'II I I i II I ,: I ! I :1 I "jl!ll" .. ~'151! "Io! I II I II 'i I I I II H t" " I I I Ii, I I I ! , I lit I I 5 I i I I I : I i III i! 111'1 ! 1'1 -' I !II 111.11; I1II 1'11111. I ! I ! I I I: "" II ! I : : I II [1 I: III 51 iW r :nt-! i! ! I, II II !! I ' I I! j i , il If I ! 'I II ,!: I : I I i I' I ! II ! I' i U ! I I i IIIJ: h !! II' ;; i III ii" I , n ! II I-II I :, iii" "I' II'i~TI 1111 t Ii! i ii' i 1-1111 .IIII! III ii, III f II II i i IHi f I ! I, I,' ! ! /J I I i '1111 I II II II: II I 1111: ~ If I II I ! I I~i I 0; I! I.: ,,' II~I It I I';: i;;; 'I' . H ~ if t , i I I ,I! II I III 1,1 , II I ! III ,t -I: I' l I II ! '1.1 I Iii I 1'1' I I I ' I r II' , i III 111,11 n 1I1II1 , i I ! I ,',! J II 1'1, II iHi I 1111111111 i II ,I i + 1" I I I III III! i III HH 11II11 , III ' /'1 ~ + 1+ 111"111 /11'1.1 11 +'..11 Hi. i II ! ! I I I w ... N "Ill I I I II H I ~ I ! i III II I jel oil++~= I I J lie ~I i tln'.1 Ii , I i II I II! I I lJ JJ I : II ! I I I i I~ I I~ Il~ Ili~n! 'i I,~:.il=ili Ii ~ ',,.,, 'Ii :Si~~ Mil I ! I I I I' I ,II I I I I I, I I ,'I I ii, I i I I I I: I I, I I ! I I II i I I I I I I 1111' I , I I I I _ I I i I 1__ _ _ I i I . _ AGf..ND~ITEiM .o'-W-O--L- MAR 1 1 2003 "u.Sq SCHEDULE 8 - A IT ACHMENT 8 CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE I. HOURLY RATE SCHEDULE Classification Hourlv Rate Principal Engineer $155.00 Registered Engineer $11 0.00 Senior Design Engineer $80.00 Senior Registered Surveyor $130.00 Registered Surveyor $85.00 4-Man Survey Crew $135.00 PGS Crew $210.00 Technician V $85.00 Technician ill $67.00 Technician I $50.00 AGlfttlQ~T9M No.~ MAR 1 1 2003 Pg. leG , , 20 SCHEDULE C PROJECT SCHEDULE Milestone: Contract Dav: Phase I Plans 45 Right of Way Maps, Parcel Sketches and 105 Descriptions Phase II Plans 105 Complete Pennit Applications 150 Phase ill Plans 180 Phase IV Plans 225 AGEiN..D'+ I"$M No.~ MAR 1 1 2003 Pg. .ie.L- , 21 SCHEDULE D INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor/Consultant! Professional. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the Owner. (5) All insurance coverages of the Contractor/Consultant/Professional shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (6) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. A<if~9f\I1jEM No.-W-O--I-- MAR 1 1 2003 Pg. (p ~ , 22 (7) Contractor/Consultant/Professional shall require each of its subcontractors to procure and maintain, until the completion of the subcontractor's work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the subcontractor are expressly waived in writing by the Owner. (8) Should at any time the Contractor/Consultant/Professional not maintain the insurance coverages required herein, the Owner may tenninate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Contractor for such coverages purchased. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work. or tennination of the Agreement, the Contractor / Consultant / Professional shall furnish to the County, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate the Agreement. WORKERS' COMPENSATION AND EMPLOYERS' LlABIL!TY Required by this Agreement? _X_ Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor/Consultant/ Professional during the tenn of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: AGff~~1iTE~ 'NO.~ MAR \ \ 2003 Pg. f.a3 a. Worker's Compensation - Florida Statutory Requirements 23 b. Employers' Liability (check one) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee _x_ $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where. applicable to the completion of the work. _ Applicable _X_ Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. _ Applicable _X_ Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? _X_ Yes No (1) Commercial General Liability Insurance shall be maintained by the Contractor/Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and , ' Completed Operations Coverage. Products and Completed Operations cove aswo~ 24 MAR \ \ 2003 pg..~-~," (7) Contractor/ConsultanVProfessional shall require each of its subcontractors to procure and maintain, until the completion of the subcontractor's work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the subcontractor are expressly waived in writing by the Owner. (8) Should at any time the Contractor/ConsulfanVProfessional not maintain the insurance coverages required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Contractor for such coverages purchased. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor / Consultant / Professional shall furnish to the County, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate the Agreement. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? _X_ Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor/ConsultanV Professional during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. ,.-. The amounts of such insurance shall not be less than: , a. Worker's Compensation - Florida Statutory Requirements 23 N:Gf4~ITp- MAR 1 1 2003 Pg. l.{;C:; b. Employers' Liability (check one) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee _x_ $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where. applicable to the completion of the work. _ Applicable _X_ Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. _ Applicable _X_ Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? _X_ Yes No (1) Commercial General Liability Insurance shall be maintained by the Contractor/Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Product , , AGENO~ll~)# Completed Operations Coverage. Products and Completed Operations cove ap. shall ~ I MAR 1 1 2003 Pg. ~{p 24 maintained for a period of not less than five (5) years following the completion and accepta~ce by the Owner of the work under this Agreement. Limits of Liability shall not be less than the ~olfowing: General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage _ General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage _X_General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $300,000 $300,000 $300,000 $300,000 $ 50,000 $500,000 $500,000 $500,000 $500,000 $ 50,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shalf be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you. ~ (3) If the General Liability insurance required herein is issued or renewed on a "claims madeM basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that in the event of cancellation or non-renewal the Extended Reporting Period (Discovery Period) for claims shall be no less than three - (3) years. (4) The Owner sh~1I be named as an Additional Insured and the policy s dorsed , , ~F~DbIT~M that such coverage shalf be primary to any similar coverage carried by the Own r~ No'---U.W-L-- MAR 1 1 2003 Pg. Co l 2S (5) Coverage shall be included for explosion, collapse or underground property damage claims. (6) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. _ Applicable _X_ Not Applicable (7) Aircraft Liability coverage shall be carried at limits of $2,000,000 each occurrence if applicable to the completion of the work under this Agreement. _ Applicable _X_ Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) Property Insurance - Builders Risk coverage shall be carried by the Owner if applicable. _ Applicable _X_ Not Applicable (2) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is earlier. 26 IS 1~"l=M No.~ MAR 1 1 2003 Pg. (p~ shall include interests of the Owner, the Contractor, Subcontractors, Sub-subcontractors and Material Suppliers in the Work. (3) Property insurance shall be on an an-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, wind and hail, vandalism, malicious mischief, collapse, falsework, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood insurance will also be purchased. (4) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all-risk policy described above shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood insurance identified herein, if purchased by the Owner, shan be limited to a maximum of $1 ;000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (5) This property insurance shall cover portions of the Work stored off the site after written approval of the. Owner at the value established in the approval, and also portions of the Work in transit. (6) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, .subcontractors and Sub-subcantrators in the Work. ' 27 AGE~~TEfA ' No.~ MAR 1 1 2003 Pg. (7) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) ea.7h other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Professional, Professional's consultants, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or othelWise. (8) A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear. (9) If Builders Risk coverage is applicable the Contractor shall be responsible for the following maximum deductibles per occurrence per paragraph (3) above. NJA _ All Risk Policy - $1,000 maximum deductible _ All Risk Policy - Maximum deductible of $ _ Flood Policy - $1,000 maximum deductible _ Flood POlicy - Maximum deductible of $ AUTOMOBILE LlABIUTY INSURANCE Required by this Agreement? _X_ Yes No (1) Automobile Liability Insurance shall be maintained by the Contractor / Consultant / Professional for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: _X_ Bodily Injury & Property Damage - $ 500,000 28 Aq~~9f- ITI=M No.~ MAR 1 1 2003 70 Pg. , , Bodily Injury & Property Damage - $1,000,000 (2) The Owner shall be named as an Additional Insured under the policy. UMBRELLA LlABIUTY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor/Consultant/Professional and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. (3) The General Aggregate limit, if applicable, shall apply separately to this project and the policy shall be so endorsed. PROFESSIONAL LIABilITY INSURANCE Required by this Agreement? _X_ Yes _ No (1) Professional Liability Insurance shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than: _ $ 500,000 each claim and in the aggregate _X_ $1,000,000 each claim and in the aggregate _ $2,000,000 each claim and in the aggregate - $ each claim and in the aggregate 29 A~Pb 1Tt=M No.--U.{l9-t- MAR 1 1 2003 11 Pg. (2) Any deductible applicable to any claim shall be the sole responsibility of the Consultant/Professional and shall not be greater than $50,000 each claim. (3) The Consultant/Professional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner. END OF SCHEDULE D. , , AGfiNPh IljEM No.-{..U..J:2..I- MAR 1 1 2003 ,d., Pg. , 30 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Agnoli, Barber & Brundage, Inc., hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning Design & Permitting are accurate, complete and current as of the time of contracting. TITLE: BY: DATE: 2. J. 03 A1~~~TfM, No. MAR 1 1 2003 '72 Pg. d , , , 31 . ACORn. CERTIFICATE OF LIABILITY INSURANCE I DATE (UII/DDIVY) 02/08103. PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Suncoast Insurance Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Box 22668 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Tampa, FL 33622-2668 ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. 813 289-5200 INSURERS AFFORDING COVERAGE INSURED INS UREA A: United States Fidelity &. Guaranty Agnoll, Barber and Brundage, Inc. INSURER B: American Manufacturers Mutual 7400 Tamlaml Trail North INSURER c: Security Ins of Hartford Suite, 200 INSURER 0: I Naples, A. 34108-2599 INSURER E: COVERAGES Clientl. 1955 AGNOBAR3 THE POlICIES OF INSURANCE USTED BB.OW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOlWlTHSTANDING ANY REQUIREMENT. TERM OR CONOf'TlOlIl OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OA MAY PERTAIN, THE INSURANCE AFFORDED BY THE POlICIES DESCRIBED HEREIN IS SUBJECT TO ALl THE TERMS, EXClUSIONS AND CONDmONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS. ~,.: TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE OUCY EXPlRAnON UIIITS 0 OA A ~ERAL UABIUTY BK01124714 05/13/02 05/13103 EACH OCCURRENCE $1 000.000 X COM M ERCIAL GENERAllJABIL/TY FIRE DAMAGE (Any one lite) $1 000 000 l CLAIMS MADE W OCCUR MED EXP (Any one p8noon) $10 000 - PERSONAl ,\ ADV INJURY $1 000 000 - GENERAL AGGREGATE $2 000.000 ~N1. AGGR,En LIM IT APPLIES PER: PRODUCTS -COMPIOP AGG $2 000.000 POUCY ~Cg: n LOC A ~OMOBILE UABIUTY BA01124723 05/13/02 05/13103 . COMBINED SINGLE UMIT 51,000,000 ..!.. ANY AUTO (Ea accident) - AlL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per peoson) I-- .!... HIRED AUTOS BODILY INJURY $ ~ NON-OWNED AUTOS (Per accidenl) X Drive Other Car PROPERTY DAMAGE (P_ accident) $ R...... ~"U'" AUTO ONt Y . EA ACCIDENT $ ANY AUTO OTHER THAN EAACC 5 AUTO ONLY: AGG $ pESS LIABILITY I I EACH OCCURRENCE $ OCCUR 0 CLAIMS MADE ~G!,!~GA~ _ O. $ I $ R ~EDUCT1BLE $ RETENTION $ $ 8 WORKERS COMPENSAnON AND 7CQ61184603 05/01/02 05/01/03 ~~~~~ lOW EMPLOYERS'UABUJTY E.L EACH ACClOeNT $1 000.000 E.L DISEASE - EA EMP\. OYES 51.000,000 E.L DISEASE . POLICY UMfT .1.000.000 C ~MHm AEE0119391 05115102 05115103 $1,000,000 Each Claim rotessional $1,000,000 Ann Aggr abilltv DESCFlIP110H OF OPERATlONS/LOCATIONSlYEtlCLESlEXCLUSIONS ADDED BY ENOORSalEHTISPEClAl PROVISIONS Professional Liability is written on a claims made basis. Project: Contract 03-3466 Rattlesnake Hammock Road from Polly Avenue to Collier Boulevard. Collier County Project No. 60169 The certificate holder Is named additional Insured with respects to the (See Attached Descriptions) CERTlF1CATE HOLDER I I ADDITlOHAL IGURED-INSURERLETlER: CANCELLATION SHOULD ANYOFlHE ABOVE DESCIlBED POLICES IE CANCEueD BEJ'ORETHE DPlRATlOH Collier County DATE THEREOF, lHE ISSUING INSUIIER WILl. ENDEAVOR TOIIAIL30.-DA'lSWRlTTEN Board Of County Commissioners NOTlCETOntE CER1lFICATE HOLDERNAIIEDTOTHElEFT. BUTFAlLURE 10 DOSOSHALL 3301 E. Tamiaml Trail IIIPOSENOOBUGAnONoRUABtUTYOF ANYICIND U AGEf\lPAtliTfiA . Naples, FL 34112 \ REPRESENTATIVES. 4RREPRESENT~ ~. ~r~ _ I ...""1 ~. ... ) . . . ACORD 25-5 (7197)1 ot3 #S70392JM70374 MOL Ci COR_ __., 988 Pg. 74 IMPORTANT If the certificate holder is an ADDmONAl INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. <'- Pg. ACORD25-S(7J97)2 of 3 #S70392/M70374 ....'.D~S~~.IPrlp~sj'(g91l~[ri~~cJ.ft~riY~aQ~::1 )~:---:f.'::;:' ;- '.;.,,~: '~'.,.'--"..;.' -. .. . . -....., .... General Liability & Auto Liability policy. , AG~t;lD~T~ No.~ MAR 11 2003 Pg. 7 Y, .' .... >,:; ....,. AMS 25.3 (07J17} 3 of 3 'S703921M70374 .'.; .,'., P:-'::' c.::., ...... '"......,:.. .- EXECUTIVE SUMMARY ACCEPT A GRANT OF A PERPETUAL, NON-EXCLUSIVE ACCESS AND MAINTENANCE EASEMENT TO PROVIDE FOR ACCESS AND REGULAR MAINTENANCE BY COUNTY STAFF TO ONE OF THE CANALS IN THE LELY CANAL BASIN. LOCATED IN SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST. OBJECTIVE: To obtain authorization from the Board of County Commissioners to accept a grant of a perpetual, non-exclusive Access and Maintenance Easement to provide for access and regular maintenance by county staff to one of the canals in the Lely Canal Basin. . .- CONSIDERATIONS: Heron House of Naples (AR 728) is a development project located north of U.S. 41, about one quarter of a mile south-east of Rattlesnake Hammock Road. There is an existing drainage canal that is located on the north of the property. This drainage canal is part of the Lely Canal Basin and is maintained by Collier County. When the Heron House of Naples property was vacant, the County maintenance crews could easily access the drainage canal. Because of the proposed construction improvements, access to the drainage canal will now have to be through the Heron House of Naples project, along the proposed driveway that will be constructed around the property. The existing drainage canal will be improved as part of the Lely Area Stormwater Improvement Project ( L.A.S.I.P.) and an additional area parallel to the canal will be needed for maintenance. As part of the development approval, the owner of Heron House of Naples has agreed to grant Collier County an Access and Maintenance Easement. The owner has provided the necessary documentation for recording this easement. (")YFISCAL IMPACT: No fiscal impact except for recording fees which are expected to be , approximately $20.00. Funds are available in Fund 325 ( Water Management CIP) for the L.A.S.I.P. project ( Project No. 51101 ). Source of funding is ad valorem taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDA TION: That the Board of County Commissioners of Collier County, Florida: 1. Approve and accept the Grant of Access and Maintenance Easement; and 2. Authorize its Chairman to execute the Grant of Access and Maintenance Easement and to direct the Clerk to the Board to record a certified copy of both Easement in the Official Records. DATE:"?;;'), :I - SUBMITIED BY: Ju . AdaImes Minor, P.E., Senior Engineer Stormwater Management Section Road Maintenance Department A~ ITEM No.--1J..tQ 0- MAR 1 i ~~:3 \ PI- REVIEWED BY: -;f~ Robert C. Wiley, .E., Principal Project Manager Stormwater Management Section Road Maintenance Department ~ APPROVED BY: Michael A. Etelamaki, P.E., Director Road M ' tenance Department APPROVED BY: Norm n Feder, AICP, Administrator Tran portation Services Division ,.- DATE: ;2-:26 -t;:J DATE: DATE: ~/,;,,'Io.7 I N:~Q~I~ MAR 11 2003 Z- Pg. -- ....-...!l This instrument prepared by and return to: David A. Bacon, Esq. Bacon, Bacon, Johnson & Goddard, PA 2959 First Avenue North St. Petersburg, Florida 33713 , .:..:_}.,;.... I -,c ':~_:1' , .~:.! ,"...,IL Vi' :; 'C '0' -/\ ITY A-- , V ',Jl \~ i I (jRj\JE~ ZD~3FEB-6 Pli 4:05 GRANT AND ACCEPTANCE OF EASEMENT THIS INSTRUMENT is made, executed, and entered into by and between the following named Grantor and Grantee: GRANTOR: HERON SENIOR HOUSING, LLC, a Florida limited liability company GRANTEE: COLLIER COUNTY, FLORIDA WIT N E SSE T H: THA T Grantor for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby assign, grant and convey to Grantee a perpetual and non-exclusive easement (the "Easement") to occupy and use that certain area of land described herein as the "Easement Area" of the real property ("Property") which is owned, in fee simple, by Grantor, as described upon Exhibit "A" attached hereto, for the purposes and subj ect to the terms, conditions and limitations which are stated below: 1. DESCRIPTION OF EASEMENT AREA: The Easement Area is that certain portion of the Property owned by Grantor located in Collier County, Florida, as described upon Exhibit "A" attached hereto, which Easement Area is described, shown and depicted upon Exhibit "B" attached hereto. 2. EASEMENT AREA USE: The Easement Area my be used by Grantee for the purpose of access (ingress and egress) to, and maintenance of, the existing canal, as shown and depicted upon Exhibit "B" attached hereto, subject to the limitations stated below: 2.1 Grantee will not cause any physical alteration of, or damage to, the Easement Area or the adjacent property owned by Grantor, unless first approved, in writing, by Grantor. 2.2 Grantee will not cause any use of the Easement Area which would unreasonably interfere with the use of the adjacent property by Grantor for development and operation of an assisted living facility. 3. GENERAL PROVISIONS: 3.1 This Easement shall be construed in accordance with the laws of the State of Florida. AGENOMTEM'I No. \l ~f') ~ MAR 1 1 2003 - 3 Pg. 3.2 This Easement shall be deemed to run with the land and shall be binding upon Grantor and Grantee, and their respective assignees and successors in interest. 3.3 This Easement shall be duly recorded in the Public Records of Collier County, Florida. EXECUTED by Grantor this ~) day of ;(j)ff ,('{ Y WITNESSES: ,2003. HERON SENIOR H G,J..,LC ~~~~~ b i!. A~ Printed Name: K .e. ;' 1") I" J ..,,... 4lI\ -, , its Managing Member STATE OF FLO~~JCl. i COUNTY OF PI - .',) BEFORE ME personally appeared JAMES SOPER, its Managing Member, to me well known or who has produced his drivets license as identification, and known to be the individual described in and who executed the foregoing instrument as Managing Member of HERON SENIOR HOUSING, llC, severally acknowledged to and before me that he executed such instrument as an officer of said corporation, and that the seal affixed to the foregoing instrument is the corporate seal and that it was affixed by due and regular corporate authority and that said instrument is the free act and deed of said corporation. Witness my hand and official seal thi3.. day of . ,2003. My Commission Expires: """, J dil Furl .,'~~.vt/;.'" 0 ynn ong !~"~"'.~Com~ission #"CC 910562 ~~-,.A-,~: Expires Feb. 1 S. 2004 "'1~"""'';F...~ Bonded Thna ",,~,r.:,," Alantic Booding Co., Inc:. NO- I ACCEPTANCE BY G . Acceptance of the Easement described in the provisions of this instrument is hereby acknowledged, confirmed and made effective this _day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COllIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN Printed Name: Printed Name: eWiP~~ 'L---- . AR 1 1 2003 4 Pg. Tract L, LElY GOLF ESTATES, TRACT MAP, according to the plat thereof as recorded in Plat Book 8, Page 20, Public Records of Collier Cour;ty, Aorida. AGENQAATEM No.~ ;;)- MAR 1 1 2003 5 EXHIBIT "A" Pg. :b i2: <.l / ~ ~~ :;tf?,,, ~ !:a [i~~ D . "t~ .- -+- d' ,...O~ ... . . S- ~ - '" \ .. . ~ ~~ ~ 0 S! " ~ li!:1\j lr ''0 ~'4 . '" 10 ~ S- ~), -I ;) ~ S- .:F'~ 10 ~- -I 4-~ I ~ I '" ~ '" -I I "- ,... . 9....(D'~~;p : ~ o :s";;t.,, " lO.o t< Q.l}1" I" III ...--. .'i ""f 11 O\Q:) t CCJ\ ;""VI' . $tlI.......d~: '" ;:t~:"l 'tal" ~ ~ ~ II\) rIl . " l.l ... !"i en ~ ~ z-.~ - o -" .. >-3 ..... r o >"S1 .. ill .. ~~ :" ~~ ~ ICD !..... ~ iz I~ w ~ . ; l~gJ g 9 ~~~ ~..I fii ; Imll ~ ;.. fJrl81 n ~ ..-'" > <It i.. ~ ~ , "I: ~ tS'D'~~;PI~ 'lIllj~ ....~ I < Q.Q.. ~.." III.~" .Ii .,- "~ I 'P'" o.~1oI1 i:;1\)1\).sPI ",VIII) 'tar' ~ ~ ~ 1"- rIl . " l.l .. ~ -I ~ -I ,: I ~ ~a~s~~~~gS~~~~~~s~~~gg~~~~~~~8~~~fg~~> .g :J N~ A.~ ~ ~ Q'2.:J ~ 3'~ ~ ~~ A.~ ~ Q'2.:J ~ 3'~ ~ ~ .~ 3 "~ S"'2,o.oO-c'O o oon~nnnw.gn-nngn~nng.gn~nnnon..on~:J~G~Q ; ibllSIIGG o<GoG.nG!GG o~GoG.G~G~~"W~~NO~ 0. :J~Z~~ZZ~-":J-ZZ.Z~~~~- w-~~~ ~o z~:Jo~- ~ oO_'~'" OCDoon" o'~" OCDogn"'':' -i!.... 000,.,0 Nl: ~....~ s:5i ~(Jl-~Ul~.~ :T5i .... IO~ I.~ ~3 -.- ~ --~ ~~~~O:TG<~q.~ q~~O:T.<~~~ ~o. ~- o-S"o ~~. O~OUlO~~..O~OUl~O~UlO~~GO~OUlOQO~OO~:T~;.:J ~-O!..o'~~~c;. ~c O!."!.t..O!..o'''!.O!.c;. !!.~ ~~~o. It!. ~o. G w 0. NON~N~N.~!";N.CDN~.N.~SG.N~N~~~~N'O 'O~. _0 I ~N~ I ".~" 00 oioO I "1lI~.' ~-~~~ .~~... 0 C:-I'< . ~.o "'I'91Qr' 11..0 · ':::ear ".0."0' :;1~a3. ~G~r~~~' ~~~ ~"'~~r~~' ~~. ~~~~~ ~~ .f~noO ...~. ~., ~ o. ,....~' .... 0 ~. . G' .. ::1_-- GQooooop~~o 00 OQOO_~~~ QOOo~ o~ ~!~~:J _ Z 0"'< 0. ~ !!.:J · Q'< 0. t.. !,:J N 0. - 0 - 0 n '< n 0 0 G -I:J 0 ~ ~ -, N :J 00 _ ~ ~ :J 0 ~ iii' Ul ::J 00 _ ~ ii' ~ N ::J ~ 0 O'O:J ~ooO _!!.~!!. 00 Q: !!.~ 00 _~_ 00 0 G !!._!!.~oQ 0 3 o.a.o 0. . ~1lI_gggGIlI ~ og llI_ggGIlI ~ ggg.:T ....:T ~:..~ 3 ~Cnnn~c:a ~n ~Cnn~ca nnn-G~" ~o...~ o CDo.(nG G..' 51;o.~ G. o.(nG G., 51;o.~ . G G t.f 0 -.-. :J ...'" . .-'0 ' .-0 -n n -~ noQ .9~ 000 :JC:J 00 ~ 00 :Jc:J 000.0 _0 .00 Z-.--- 0..00 -- -.-- o.llIoO ---~3 G3 ~o.~"'o o z<O - G oQ _.. .. G 0-0. ..._~-~-~ o.~- N- ~-~~ o.~_ CD~. 3 ~3 n&G~~ _ Z I. UlUl ~ NUl ,- UlN ~ -.. 0 0 - ... 0 :: ~o ~u.b:"" -1UlG PoS 0 -Ib:,.. -1~G 0l8~ ::J o::J 1003"a: III r03~0"" Po rQ30~ Po 0 ~ ~ __ ~=o 0 , ::e-'--- 08~ Ul_ ~ _ 08~ _- _~:J. Oc~::J QOl::l: n ~: Q~:~ n ::G ~ ~.. ,...~~~o '< 3 ...._.... ~_o it r. '< 3 -II ~_o -r.. 0 ~ 0 It ..';C-- . -.- .. oeD--".. . -. ~ 0...... ,.. ~ .... o......;c aJ-f :ao a.~o 0 0 as' a.~o 0 a ~a ~ ~~g -~- .on ~:T ~og Q ~_~ - ~ - g..'l ~~~ 0 G ~'~~ ~ '<Ui - o~ I ~ ~~. ~~. G ~ ~ I '" I\)~ ~~ ~8 ~ l 1; o ,...,., ,.,~ ~; ,., 00 x ,., ~ ~~.CD o - ~ .... ;j~ ,: ~~ . o PI ~ ,., ~ ,., Z -I EXHIBIT "B" ."',"".' "~'... .\~,~. ',..i'i""i'<01' _', ,',~~ ',"" ,"l>,~ EXECUTIVE SUMMARY ,...,..,,,<-~ APPROVAL OF A RECIPROCAL AGREEMENT, ASSIGNMENT AND ASSUMPTION AGREEMENT, AND RELEASE AND WAIVER AGREEMENT BETWEEN COLLIER COUNTY AND SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD) INCIDENT TO THE FOUR LANE CONSTRUCTION OF IMMOKALEE ROAD (PROJECT NO. 60018). FISCAL IMPACT: $51.00. OBJECTIVE: That the Board of County Commissioners approve and enter into the attached 3 Agreements which release the parcel designated as 173 from the SFWMD back to the County in return for the County assigning to SFWMD the authority and responsibility for the operation and maintenance of all watercourses and water control structures to be constructed within parcels 175A, 175B and 175C. CONSIDERATIONS: SFWMD and the County continue to assume the responsibility, first agreed under the Cooperative Agreement C91-2158 dated February 19, 1991, whereby the SFWMD assumed the responsibility for the control, operation and maintenance of designated watercourses and water control structures which have a significant regional impact upon the water resources in the SFWMD and Collier County, Florida. The County, in conjunction with improvements being made to Immokalee Road, acquired a fee simple interest in those lands described as Parcels 175A, 175B and 175C, for the purpose of constructing a physical connection between the watercourses known as the Cocohatchee Canal and the Corkscrew Canal. ,- It is the desire and the intent of both the County and SFWMD that SFWMD assume responsibility for the control, operation, maintenance of all watercourses and water control structures which may be hereafter constructed within Parcels 175A, 175B and 175C. A portion of the existing Cocohatchee Canal must be utilized for the construction of the four-laning improvements to Immokalee Road, which portion of said canal is hereinafter referred to as Parcel 173. It is the desire and the intent of both the County and the SFWMD that SFWMD release and relinquish all rights and interests in and to Parcel 173 which SFWMD may hold pursuant to the terms and conditions of any Assignment and Assumption Agreement into which County and SFWMD may have entered pursuant to a Cooperative Agreement between the parties. The Reciprocal Agreement combines the intents of each separate agreement so that they are entered into and transferred simultaneously. FISCAL IMPACT: The Assignment and Assumption Agreement together with the Release and Waiver will be recorded in the public records at a total cost of $51.00 in recording fees. Said fees to be paid from gas tax fund 313, cost center 163673. GROWTH MANAGEMENT: As the expansion of Immokalee Road from two lanes to four lanes between County Road CR-951 (Collier Boulevard) and 43rd A venue NE is identified as Capital Improvement Element No. 071 within the County's Growth Management Plan, the recommendation is consistent with the County's long range planning effort. - MAR 1 1 2003 Pg._- / Page 2 of2 RECOMMENDATION: That the Board of County Commissioners: (1) Approve and authorize its Chairman to execute the Reciprocal Agreement, Assignment and Assumption Agreement, and the Release and Waiver Agreement; and (2) Authorize staff to record the Assignment and Assumption Agreement, and the Release and Waiver Agreement in the public records of Collier County, Florida. SUBMITIED Bydo/v\ \fA/7\\u ~/~ DAlE: J -/1-- - Cs Lorraine Rossi, Pro rty AcqUIsition Specialist TEeM - Right- - ay Office REVIEWED BY: DATE: 2.../4 'O~ REVIEWED BY: APPROVED BY: ~'" . Norm E. Feder, AICP, Administrator Tran portation Division ~ 11/ ! ~ DATE: TF- N:~.b ITE~ MAR , 1 2003 d- Pg. ._. COLLIER COUNTY TRAL~SPORT A TION DMSION DEPARTMENT OF ENGINEERING & CONSTRUCTION MANAGEMENT RIGHT -OF- WAY ACQUISITION OFFICE MEMORANDUM DATE: January 31, 2003 TO: File rfi-- FROM: Lorraine Rossi, Right-of-Way Property Acquisition Specialist Phone number: 239-213-5843 RE: Water Project I spoke to Clarence Tears at 239-597-1505 X7601 today. He apologized for not returning my previous call sooner. He wants us to go to the BCe 1st and then he will submit it to his attorneys since we originated the agreements. He just seemed to want the final approvals. AG~~DA jTE}vl No -UD---3- MAR 1 I 2003 Pg. -3 ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (hereinafter referred to as the "Agreemenr), dated this day of ,20_, by and between COLLIER COUNTY, a political subdivision of the State of Florida hereinafter referred to as "Assignor") and SOUTH FLORIDA WATER MANAGEMENT DISTRICT, a public corporation of the State of Florida, with its principal office at 3301 Gun Club Road, West Palm Beach, Florida (hereinafter "Assignee'). WITNESSETH: WHEREAS, the parties have previously entered into a Cooperative Agreement dated October 13, 2000, transferring responsibility for operation and maintenance of several canals and water control structures, encumbered therein including those located in Collier County as set forth below; and WHEREAS, Assignor, has acquired a fee simple interest for public use in those parcels of land identified as Parcels 175A, 175B and 175C, collectively described in Exhibit "A" (attached hereto and made a part hereof), and hereinafter referred to as the "Property;" and WHEREAS, Assignor desires to assign to Assignee all of its rights, obligations, and responsibilities for control, operation and maintenance of the watercourses and water control structures to be constructed within the Property, and Assignee desires to accept and assume said assignment of rights, obligations, and responsibilities. NOW THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows; 1. The above recitals are true and correct and are incorporated herein as a part of this Agreement. 2. Assignor assigns and transfers to Assignee, all of its rights, obligations, and responsibilities for control, operation and maintenance of the watercourses and water control structures to be constructed within the Property, to have and to hold the same unto the Assignee, from and after the date hereof. 3. From and after the date hereof, Assignee assumes and agrees to perform and be bound by all of the terms, covenants, representations, warranties, obligations and conditions on the part of Assignor to be kept, observed and performed, occurring or arising from the Assignor's acquisition of this Property for the public purpose of providing storm water attenuation and treatment for the Immokalee 10ad Proiect Number 60018. No~eg~TE~ 4. In the event that the Cooperative Agreement between the parti of ~AlPqer 2003 13, 2000 (C - 11759), terminates, or the rights described herein are no 10 ger used for G:\Right-of-Way Acquisition\Lorraine\Assignment & Assumption AgreemenLdoc Pg. 4 water management purposes by the Assignee, then and in that event the Assignee shall vacate, cancel, and annul said rights to the benefit of the Assignor. If the rights revert, Assignor will not assume any liability whatsoever for any claims, breaches or other matters occurring or arising prior to the date of reversion, and Assignee shall, to the extent permitted by Florida law, defend, indemnify and hold Assignor harmless against all such claims and breaches or other matters arising from or in anyway relating to Assignee's ownership, improvement, operation, use or maintenance of the property assigned herein. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the day and year first above written. AS TO ASSIGNOR: DATED: , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Tom Henning , Chairman Attest: Approved as to form and legal sufficiency: @ Ellen T. Chadwell Assistant County Attorney AS TO ASSIGNEE: DATED: Attest: South Florida Water Management District, BY ITS GOVERNING BOARD By: Assistant Secretary , Chairman Date: : - -'-':'lti'g~'" ._.~ MAR 11 2003 --- -. ._~ Form Approved By: South Florida Water Management District Counsel G:\Right-of-Way Acquisition\Lorraine\Assignment & Assumption Agreement-doc 25TH AVENU~.W. N 89'38'26- W 337.58'. 50'WIDE ROAD EASEMENT I r I I I!' r::: ~ I ~ l~ o I ~ b I ~ -j 40' I~ I~ I~ I~ I~ a ~ I I I I I I I * v '" to :-- ::.;: n ;--: a:::::.;:N C1l <( a::: . to I-<(C,:) w (/)1-0... ~ .(/) '0 ~<(n LL.-..Jn C1l a:::N 0 z<(~ <( 0 . 0 -1 a::: z <( . 0 M( ?o.a. -- ----- N ~ o 50 100 150 DAVID J. HYA ,P.S. FLA. UC. NO." 834 NOT VAUD W11HOUT I, E SIGNAlURE AND 1HE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON & ASSOCIATES INC.. ENGINEERS, SURVEYORS AND PlANNERS J506 EXCHANGE AVE. NAPLES. FtA 3410+ (941) 643-2404 fAX NO. (94') 543-5H3 FLORIDA BUSINESS UCENSE NO. L85770 S::C/SUB W.O. NO. DRAWN BY, FILE NAME EXHIBIT /-1 Page i of ~7 -- SCALE iAS NOTED DATE R::V1SEJ 01/31/021 02/02 I GGE 22 0014.1 EAW SH EET Fa PG CHECKED BY 1 OF 2 DJH 00-018-000.DWG DWG. NO. IR-L-175A-1 -l AjrD~TEM No. -f.. :2., MAR 1 1 2003 ~ Pg. Description: A portion of Tract 93, Golden Gate Estates, Unit 22, according to the plat thereof os recorded in Plat Book 7. Page 84, Collier County, Florida, being more particularly described as follows: Beginning at the Southwesterly Corner of said Tract 93, thence North 0019'10- East, along the Westerly Boundary of said Tract 93. for a distance of 61.73 feet to o point on 0 circular curve, concave Northerly, whose. radius point bears North 13"38'07" West, 0 distance of 4,117.18 feet therefrom; ,thence run Easterly, along the arc of said curve to the left, having a radius of 4,117.18 feet, through a central angle of 0418'42", subtended bya chord of 309,75 feet at 0 bearing of North 74'12'32" East, for on arc length of 309.83 feet to the end of said curve, and 0 point of intersection with the Westerly Boundary of the 80.00 foot wide Drainage Easement, as shown on the Plat of Said Unit 22; thence South 001 9'1 0" West, along said Westerly Line, for a distance of 105.17 feet to a point on a circular curve, concave Northerly, whose radius point bears North 17'29'57" West, 0 distance of 4,217.18 feet therefrom; thence run Easterly, along the arc of said curve to the left, having 0 radius of 4,217.18 feet, through 0 central angle of 00'34'18", subtended by 0 chord of 42.08 feet at a bearing of North 7212'54" East. for an arc length of 42.08 feet to the end of said curve. and to an intersection of the Easterly Boundary of said Tract 93; thence South 0019'10" West, along said Ecsterly Boundary Line of Said Tract 93, for a distance of 32.57 feet, to the beginning of 0 curve, concave Northerly, having a radius of 5,234.46 feet and 0 central angle of 00'08'45"; thence run Westerly, along the arc of said curve to the right, having a radius of 5,234.46 feet, through a central angle of 00'08' 45", subtended by 0 chord of 13.32 feet at 0 bearing of South 75'34'13" West, for an arc length of 13.32 feet to the end of said curve; thence South 86'51'39- West, along the Southerly Boundary of said Trod 93. for 0 distance of 325.30 feet; to the POINT OF BEGINNING; Contcining 0.657 acres, more or less. Notes: 1. This is not a survey. 2. Basis of bearing is plat. 3. Subject '.:0 easements, reservations :Jnd restrictions of record. 4. Not valid without Sheet 1 or 2 depicting Sketch of Description and bearing the original signature and embossed secl of a Florida registered Surveyor and Mapper. 5. All dimensions are plat unless otherwise noted. 6" * Note should be '.:aken that on the plat of Golden Gate Estates, Unit 22, a 30' deficiency occurs in the block containing Tracts 110-125, and Tract NAN, and a 30' overage occurs in the block containing 78-109, :md this is reflected in the calculations concerning this percel. I :~ EXHIBIT', Page-1- of~ SCALE SKETCH AND DESCRIPTION WILKISON & ASSOCIATES INC._ ENGINEERS. SURVE.YORS AND PlANNERS 3505 EXCIW<<;E AVE. PW"lES. f1.A. .3410-+ (941) 643-2404, FAX NO. (941) 643'-5173 FlORIDA BUSINESS UCENSE NO. LB5770 SEC/SUB W.O. NO. DRAWN BY FlLE NAME AS NOTED GGE 22 0014.1 EAW 00-018-000.DWG ,- DATE REVISED 01/31/02 02/02 IR-L-175A-2 SHEET Fe PG CHECKED BY DWG. NO. 2 OF 2 DJH .J .,.~""*"~ -- ",'-'\.j~~IT~ ' ':-..... MAR 1 t 2003 Pg. 1 ,. 25TH AVENUE N.W. 60' ROAD EASEMENT N 89'38'26- W 337.58'. N 1- IJO'~ !> r:: ...= I' to ~ o 50. 1 00 150 * n I' '1- I'z OlW to:::!: w wVl I blL5 ~o I en <( '10 au: a z 'g w 0'1 !"') a::::N w.- >- wcj "I a:::: a.. 0,0 <0 --l .- a::::f' <(.- :::) . a:::: o . a ~ en .... o a z P.O.B. '0 n -- -- --- KALEE~ \MMO_ ______ S.R. 846 _ -- EXHlbl ;-A_ Page-ZL -".\ --~ DAVID J. HYA . P. . (FOR iHE FIRM) .LA. UC. NO. 5834 NOT VAUO W11HCUT 1HE SIGNATIJRE AND 1HE ORIGINAL RAISED SEAl OF A FLORIDA UCENSEO SUR~ AND MAPPER SKETCH AND DESCRIPTION WILKISON & ASSOCIATES INC.. ENGINEERS, SURVEYORS AND PLANNERS 3:508 EXCHANGE AVE. NAPLES, flA 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS UCENSE NO. I.B5770 SEC/SUB w.o. NO. DRAWN BY FILE NAME SCALE AS NOTED GGE 22 0014.1 EAW 00-018-000.DWG DATE SHEET FB PG CHEC1<ED BY DWG. NO. I 02/02 I 1 OF 2 DJH IR-L-1758-1 J AG'~D~EM No" C ~ MAR 1 t 2003 ~ Pg. ,.. Description: A portion of Tract 92, Golden Gate Estates, Unit 22, according to the plat thereof as recorded in Plat Book 7, Page 84, Collier County, Florida, being more particularly described as follows: Beginning at the Southeasterly Corner of said Tract 92; thence South 86'51'39" West, along the Southerly Baundary of said Tract 92, for a distance of 338.20 feet, to the Southwesterly Comer of said Tract 92, thence North 0019'10. East, along the Westerly Boundary of said Tract 92. and the Centerline of the 60.00' wide Rood Easement (2nd Street N.E.); for 0 distance of 13.10 feet to 0 point on a circular curve, concave Northerly, whose radius point bears North 08'50'20" West, 0 distance of 4,117.18 feet therefrom; thence run Easterly, along the arc of said curve to the left, having a radius of 4,.117.18 feet, through 0 central angle of 04'47'48", subtended by a chord of 344.57 feet at a bearing of North 78'45'47" East, for on arc length of 344.67 feet to the end of said curve, and a point of intersection with the Easterly Boundary of said Tract 92; thence South 00'19'10. West, along said Easterly Boundary, for 0 distance of 61.73 feet, to the POINT OF BEGINNING; Containing 0.271 acres, more or less. Notes: 1. This is :lot 0 survey. 2. Basis of bearing is plat. 3. Subject to easements, reservations and restrictions of record. 4. Not valid without Sheet 1 of 2 depicting Sketch of Description and bearing the original signature and embossed seal of 0 Florida registered Surveyor a:ld Mapper. 5. All dimensions ore ,:Jlat unless otherwise noted. 6. · Note should be taken that on :he plot of Golden Gate Estates, Unit 22, a 30' deficiency occurs in the block containing Tracts 110-125, and Tract . A., and a 30' overage occurs in the block containing 78-109. and this is reflected in the calculations concerning this parcel. 1 " ,;,/ / I EXHIBIT C-- ~ of oj I UV"'"'_ _ SKETCH AND DESCRIPTION WILKISON & 'ASSOCIATES INC.. ENGINEERS, SURVEYORS AND PlANNERS J:lOll EXCHANGE AVE. NAPLES, F1..A. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SEe/SUB w.o. NO. DRAWN BY FILE NAME SCALE ! AS NOTED . GGE 22 0014.1 EAW 00-018-000.DWG DATE 02/02 SHEET fB PG CHECKED BY OWG. NO. Z OF Z DJH IR-L-175B-2 .J No~A!T~ I MAR f ,2003 I Pg. ~ 25TH AVENUE N.W. 60' R~~ENT N 89'40'50. ~OO' I I ~. I N . I ~ 0) 0 ci N 0 50 100 150 (/) I'- f- Z w N w I · .~ ci ~f-w'<T 0 ~ ..r (/)O:::N en l- I'- wW>-n z ::J>f-N 0 W W (/)~~ 0 :::e w w u. z Vl .0 ~~20 I LJ.J i:5 I .~\ I") ~ 0... tOui1I5~ - oo...~~ 12 ~I 0 0 ~2IO 0 f- 0:: z W<UN w Ui u ~ . w '"0 . 0:; 0::: co f- <( 0 (/) en 10 0 Z IN 1'1 84'35"'" E 331.60' S 86'50' 45" W 330.61' C ?;..S,C'f.\... \15 P.O.B. 1/ ^LE.E. ROAD - - - \MMOr-!:::. - ~ . - -=--- S R 846 (oJ . . . DA'v'ID J. ATT, .I.l. (FOR THE FlRM) FLA. UC. 0, 583'4 NOTVAUD Wl:rROUT THE SlGNAruRE AND THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRJPTION WILKISON & ASSOCIATES INC._ ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FlA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 flORIDA BUSINESS UCENSE NO. LB5770 SEC/SUB . W.O. NO. DRAWN BY FILE NAME EXHIBIT A _ Page.-i.. of~ SCALE !AS NOTED I DATE : 02/02 GGE 22 EAW 00-018-000.DWG 0014.1 CHECKED BY SHEET FB PG DWG. NO. 1 OF 2 DJH IR-L-175C-1 J No~G~ArJJE~ MAR f 1 2003 Pg. lO r De~cription: A portion of Tract 63, Golden Gate Estates, Unit 22, according to the plat thereof as recorded In Plat Book 7, Page 84, Collier County, Florida, being more particularly described as follows: Beginning at the Southeasterly Corner of said Tract 63; thence South 86'50' 45" West, along the Southerly 30undary of said Tract 63, for a distance of 330.61 feet, .to the Southwesterly Comer of said Tract 63, thence North 84'3ei'11. East, for a distance of 331.66 feet, to a point of intersection with the Easterly Boundary of said Tract 63; thence South 00'19'10. West, along said Easterly Boundary,' for 0 distance of 13.10 feet, to the POINT OF BEGINNING; Containing 0.050 acres, more or less. Notes: 1. This is not a survey. 2. Basis of bearing is plat. 3. Subject to easements, reservations a,"1d restrictions of record. 4. Not valid without Sheet 1 of 2 depicting Sketch of Description and bearing the original signature and embossed seal of 0 Florida registered Surveyor and Mapper. 5. All dImensions ore plot unless otherwise noted. 6. Note should be token that 011 measurements shown on this description ore per plot. and this is reflected in the calculations concerning this parcel. /1 " EXHIBIT /1 Page-L. of--1L SKETCH AND DESCRIPTlON WILKISON & ASSOCIATES INC,. ENGINEERS, SURVEYORS AND PLANNERS 3~5 EXCIW<<iE AVE. NAPLES, FlA. 34'04 (941) 643-2404 FAX NO, (941) 643-5173 FlORIDA BUSINESS. UCENSE NO. LBSnO SEC/SUB w.O. NO. DRAWN BY fiLE NAME SCALE AS NOTED GGE 22 0014.1 EAW 00-018-000.DWG DATE Fa PG CHECKED BY DJH SHEET 2 OF 2 DWG. NO. IR-L-175C-2 02/02 J Pg. No5~~EM '~ MAR 1 1 2003 l t RELEASE AND WAIVER AGREEMENT THIS RELEASE AND WAIVER AGREEMENT (hereinafter referred to as the "Agreemenf'), dated this day of ,20_, by and between COLLIER COUNTY, a political subdivision of the State of Florida hereinafter referred to as "Grantee") and SOUTH FLORIDA WATER MANAGEMENT DISTRICT, a public corporation of the State of Florida, with its principal office at 3301 Gun Club Road, West Palm Beach, Florida (hereinafter "Grantor"). WITNESSETH: WHEREAS, the parties have previously entered into a Cooperative Agreement dated October 13, 2000 (C-11759) '.' (hereafter "Cooperative Agreement"), transferring responsibility for operation and maintenance of several canals and water control structures including those located in Collier County herein set forth below; and WHEREAS, Grantor, through the Cooperative Agreement and the Assignment and Assumption Agreement entered into by the Grantee and Grantor, has acquired an assignment from the County of all its rights, obligations and responsibilities for maintenance, control and operation of water courses and water control structures located within certain parcels of land identified as Parcel 17~ and further described in Exhibit "A" (attached hereto and made a part hereof), and hereinafter referred to as the "Property;" and WHEREAS, Grantor desires to terminate, vacate, cancel and annul any and all assignment rights regarding the Property by releasing and relinquishing to Grantee all of its rights, obligations, interests and responsibilities for control, operation and maintenance of the watercourses and water control structures located within the Property, and by waiving all future rights thereto, and Grantee desires to accept said release and waiver of rights, obligations, and responsibilities. NOW THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows; 1. The above recitals are true and correct and are incorporated herein as a part of this Agreement. 2. Grantor releases to Grantee, all of its rights, obligations, interests and responsibilities for control, operation and maintenance of the watercourses and water control structures located within the Property, to have and to hold the same unto the Grantee, from and after the date hereof. 3. From and after the date hereof, Grantor will not assume any liability whatsoever for any claims, breaches or other matters occurring or arising prio date of reversion. I . AV~r-.tjOAArf!~' to ~~e-..' ..'4.0, ~3 MAR 1 I 2003 Pg, /:;L G:\Right-of- Way Acquisition\Lorraine\Release and Waiver Agreement.doc IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the day and year first above written, AS TO GRANTEE: DATED: Attest: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA I Deputy Clerk BY: Torn Henning , Chairman Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney @ AS TO GRANTOR: DATED: Attest: South Florida Water Management District, BY ITS GOVERNING BOARD By: Assistant Secretary , Chairman Form Approved By: -:-"-,~~.-..l-"'_ :. '--'L.r. ~ ~ _ ... ~ . - Date: \0 6~ MAR 1 1 2~:J .___l3 South Florida Water Management District Counsel . . -''', . ~c. ....-. " G:\Right-<>f-Way Acquisition\Lonaine\Release and Waiver Agreement.doc '2' 7 -' B R.... 3 \-..2.B9.\ 5~ , .,. (\..,l,. : 2" N86'5i'39"E 325.30. ,0 ""554- (:pO..> N86'S,'39"E_' !lli.16'. "f- \- ,73 P p.,RCP- / ( RO~ -: ~i~~6111 :-.-. -) ______ ..J 'C-l'" ___ ~.4-5 ---- ! R..5 gO ______ ' \-..4'~'07.05 ' 10(\";'3" 50" 1>""0 r * "<t n to " ~ roI") l' n:::~N en <( ~ . 10 1-<((.') w (J)I-Q.. 6i .(J) "0 ~ <( roI")" lJ....-JroI") en ~N ;- ~ z<(r- 0 <( 0 . 0 .-J oc Z <( . 0 P.O.G. ~ ! I I ~ SCALE AS NOTED GGE 22 001~1 DWG. NO. o 50 100 150 DATE 10/01 ,O(H 01 I . I F:. ..t I ~ l~ o l~ I ~ -i 40' I~ l~ ~ I~ I~ l~ Cl l~ Q 10) P.O.B. EXHlr~:TL Page-.l_ ot d DAVID J. A,... (,OR THE FlRM) FLA. L1C. NO. 5 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FlORIDA LICENSED SURVEYOR AND I.4APPER SKETCH AND DESCRIPTlON WILKISON & ASSOCIATES INC.. ENGINEERS, SURVEYORS AND PL.A."JNERS 3506 EXCHANGE AVE.. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FlORIDA BUSINESS UCENSE NO. LB577D SEC/SUB W.D. NO. DRA~ BV fiLE NAME EAW 00-018-000.DWG SHEET fB PG CHECKED BY 1 OF 2 DJH IR-L-173-1 -- I . i .J NO~~:rre~T3 MAR 1 t 2003 Pg. l~ r Description: A portion of the County Conal R.O.W., Golden Gate Estates. Unit 22, according to the plot thereof' as recorded in Plot Book 7. Page 84 , Collier County, florida, being more particularly described os follows: Commence at the Southwesterly Corner of Tract 93, of said Unit 22; thence North 86'51'39" East, along the Southerly Boundary of said Tract 93, for 0 distance of 196.16 feet, to the POINT Of BEGINNING of the herein described parcel; thence continuing North 86'51'39" East, along the Southerly Boundary of said Tract 93. for 0 distance of 129.14 feet to a point on a circular curve, concave Northerly, whose rodlus point bears North 14'21'24" West, a distance of 5.234.46 feet therefrom; thence run Westerly, along the arc of said curve to the right, having 0 radius of 5.234.46 feet, through a central angle of 04'31'50", subtended by 0 chord of 413.79 feet at 0 bearing of South 77'54'30" West, for an arc teng th of 413.90 feet to the end of said curve; thence North 12'09'43" West, for a distance of 9.41 feet to a point on 0 circular curve, concave Northerly, whose radius point bears North 12'09'43" West, 0 distance of 4,217.18 feet therefrom; thence run Westerly, along the arc of said curve to the left, having a radius of 4,217.18 feet, througn a central angle of 03"55'42", subtended by a chord of 289.08 feet at a bearing of North 75'52'26" East, for on arc length of 289.13 feet to the end of said curve, to the POINT OF BEGINNING; Containing 0.140 acres, more or less. Notes: 1. This is not 0 survey. 2. Basis of bearing is plat. 3. Sub jecl to easements. reservations and restrictions of record. 4. Not valid without Sheet 1 of 2 aeplctlng Sketch of Description and bearing the original signature and embossed seal of a Florida registered Surveyor and Mapper. S. All dimensior.s are pl::Jt unless otherwise noted. 6. · Note should be taken that on the Dlat of Golden Gate Estates, :.Jnit 22, a 30' deficiency occwr~ in the block containing Tracts 110-125, and Tract "An, and a 30' overage occurs in the block containing 78-109, and this is reflected in the calculations concerning this parcel. SKETCH AND DESCRIPTION WILKISON & ASSOCIA TES INC,_ ENGINEERS, SURVEYORS AND PLANNERS 3508 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 t~ NO. (941) 643-5173 FLORIDA BUSINESS UCENSE NO. LB5770 SCALE SEC SUB W.O. NO. DRAWN BY FILE NAME AS NOTED GGE 22 0014.1 EAW 00-018-000.DWG DATE 10/01 Ic11~ D/ SHEET FB PG CHECKED BY DWG. NO. 2 OF 2 DJH IR-L-173-2 .J ~~DbEM No. II 3- MAR 1 1 2003 \5 Pg. RECIPROCAL AGREEMENT BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT ON BEHALF OF THE BIG CYPRESS BASIN AND COLLIER COUNTY, FLORIDA This RECIPROCAL AGREEMENT (hereinafter referred to as the "AGREEMENT"), made and entered into this day of , 20 , by and between the South Florida Water Management District, (hereinafter referred to as "DISTRICT'), on behalf of the Big Cypress Basin, and Collier County, a political subdivision of the State of Florida, (hereinafter referred to as "COUNTY"). WIT N E SSE T H: WHEREAS, this AGREEMENT hereby incorporates by reference the COOPERATIVE AGREEMENT dated October 13, 2000, and all amendments relating thereto, between the DISTRICT, on behalf of the Big Cypress Basin, and COUNTY; and WHEREAS, the DISTRICT and the COUNTY continue to assume the responsibility, first agreed under the COOPERATIVE AGREEMENT C91-2158 dated February 19, 1991, whereby the DISTRICT assumed the responsibility for the control, operation and maintenance of designated watercourses and water control structures which have a significant regional impact upon the water resources in the DISTRICT and Collier County, Florida; and WHEREAS, the COUNTY, in conjunction with improvements being made to Immokalee Road, acquired a fee simple interest in those lands described as Parcels 175A, 175B and 175C (the legal descriptions and sketches for which are attached hereto and made a part hereof as Exhibit "An), for the purpose of constructing a physical connection between the watercourses known as the Cocohatchee Canal and the Corkscrew Canal; and WHEREAS, it is the desire and the intent of both the COUNTY and the DISTRICT that the DISTRICT assume the responsibility for the control, operation, maintenance of all watercourses and water control structures which may be hereafter constructed within Parcels 175 A, B & C (hereafter called the "Facilities"); and WHEREAS, a portion of the existing Cocohatchee Canal must be utilized for the construction of the four-Ianing improvements to Immokalee Road, which portion of said canal is hereinafter referred to as Parcel 173 (attached hereto and made a fpar1 <~.~AArf!M - as Exhibit "B"); and No ~.-Lt.e..D~3 MAR 1 , 2003 Pg. J f.t:, WHEREAS, it is the desire and the intent of both the COUNTY and the DISTRICT that the DISTRICT shall release and relinquish all rights and interests in and to Parcel 173 which DISTRICT may hold pursuant to the terms and conditions of any Assignment and Assumption Agreement into which COUNTY and DISTRICT may have entered pursuant to a COOPERATIVE AGREEMENT between the parties, NOW. THEREFORE, in consideration of the benefits flowing from each to the. other, the DISTRICT, on behalf of Big Cypress Basin, and the COUNTY agree as follows: 1. The above recitals are true and correct and are incorporated herein as a part of this Agreement. 2. 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 successors and/or assignees, whenever the context so requires or admits. 3. COUNTY and DISTRICT shall, simultaneous with the entry into this Agreement, enter into an Assignment and Assumption Agreement transferring all responsibility and obligation for the control, operation and maintenance of the FACILITIES from COUNTY to DISTRICT. and shall, simultaneous with the entry into this Agreement, enter into a Release and Waiver Agreement which shall release and relinquish all of DISTRICT'S rights and interests in Parcel 173 to COUNTY. 4. Conveyances of the FACILITIES to DISTRICT by COUNTY, and the release of all rights in Parcel 173 by DISTRICT, are contingent upon no other provisions, conditions, or premises other than those so stated herein and in the Assignment and Assumption Agreement and the Release and Waiver Agreement; and these written agreements. including all exhibits attached thereto, 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. 5. In the event that the Cooperative Agreement dated October 13, 2000 between the parties terminates. or the FACILITIES described herein, are no longer used for water management purposes by the DISTRICT, then and in that event the FACILITIES shall revert to COUNTY, If the FACILITIES revert. COUNTY will not assume any liability whatsoever for any claims, breaches or other matters occurring or arising during the course of this Agreement, and DISTRICT shall, to the extent permitted by Florida law, defend, indemnify and hold COUNTY harmless against all such claims and breaches or other matters. 6. The laws of the State of Florida shall govern all aspects of this AGREEMENT. In the event it is necessary for either party to initiate legal action MAR 1 1 2003 Pg, \7 --~ AGREEMENT, venue shall be in the Fifteenth Judicial Circuit for claims under state law, and the Southern District of Florida of any claims that are justiciable in federal court. 7, By execution of this AGREEMENT, neither the COUNTY, nor the DISTRICT are assuming any liabilities or duties whatsoever, for the other, which may then exist or have previously accrued to third parties, including, but not limited to, personal injury, property damage, inverse condemnation, etc., resulting from either party's ownership, operation or control over the property which is the subject of this Agreement. 8. This AGREEMENT states the entire understanding between the parties and supersedes any written or oral representations, statements, negotiations, or agreements to the contrary. The parties recognize that any representations, statements or negotiations made by the DISTRICT or COUNTY staff does not suffice to legally bind the parties in a contractual relationship unless they have need reduced to writing, authorized, and signed by authorized representatives of the parties. This AGREEMENT shall bind the parties, their assigns, and successors in interest. 9. All other terms and conditions of the COOPERATIVE AGREEMENT as amended remain the same. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the day and year first above written. AS TO COUNTY: DATED: Attest: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , Deputy Clerk Tom Henning , Chairman NO~:+c;~ITEM 3 MAR \ \ 2003 l~ Pg, AS TO DISTRICT: DATED: Attest: Assistant Secretary Form Approved By: South Florida Water Management District Counsel Approved as to form and Legal sufficiency: ~ Ellen T. Chadwell Assistant County Attorney South Florida Water Management District, BY IT GOVERNING BOARD BY: , Chairman Date: ...,.~..~:::?:~~~., .-. - \~6~ MAR 11 2003 .:.<1;1 -_ - --"'~"- .~, r -- .,. -'-.. .- - .... : " Atift'J.,oA rrr'-5.. '~Q._-l~J2_~_ MAR 1 1 2003 ~O Pg. 25TH AVENUE N.W. N 89"38'26" W 337,58'. 60'WIDE ROAD EASEMENT I r I I I ~ r:: oJ I l;; l~ o - l~ o I ~ -j 40' I~ I~ I~ \~ I~ c ~ * ;., ,... r-: O'l to w . o - O'l o o z .q- lD ~ n a:::~N <: a::: . t-<:c.:> (l)t-o.. ~ . (I) ~<(rri u........J~ Z~r- <( 0 . .....J a::: <( . o N I I I I I I' I ~ o 50 100 150 I I 1 I I M( /J~ D"VlD J. HYA ,P.s. (FOR 1l1E FIRM) i't.A. UC. NO"- 534 NOT VAlJO WI OUT .. E SlGNAllJRE AND 1l1E ORIGINAL RAISED SEAL DF A FLORIDA UCENSED SURVEYOR "NO MAPPER SKETCH AND DESCRIPTlON WILKISON & ASSOCIATES INC._ ENGINEERS. SURVEYORS AND PlANNERS :3508 EXCHANGE AVE. NAPLES. F\.A. 34104 (941) 643-2404 FAX NO, (941) 643-5173 FLORIDA BUSINESS UCENSE NO. LB5710 SEC SUB W.O. NO. DRAWN BY. FILE NAME ---- EXHIBITL ?age-L of-'L SCALE AS NOTED GGE 22 0014.1 DATE SHEET REVISED 01/31/02 02/02 1 OF 2 EAW 00-018-000.DWG Fe PG CHECKED BY DWG. NO. DJH IR-L-175A-1 .J AG.F/'l~II1:M NQ.~l1.oD.~,_ MAR t I 2003 Pg. ~.1 Description: A portion of Tract 93, Golden Gate Estotes, Unit 22, according to the plat thereof as recorded in Plot Book 7, Page 84, Collier County, Florida, being more particularly described os follows: Beginning at the Southwesterly Corner of said Tract 93, thence North 0019'10" East, along the Westerly Boundary of said Tract 93, for a distance of 61.73 fe'et to a point on 0 circular curve, concave Northerly, whose radius point bears North 13'38'07" West, a distance of 4,117.18 feet therefrom; ,thence run Easterly, along the arc o.f said curve to the left, having 0 radius of 4,117.18 feet, through a central angle of 0418'42", subtended bya chord of 309,75 feet at a bearing of North 7412'32" East, for on arc length of 309.83 feet to the end of said curve, and 0 point of intersection with the Westerly Boundary of the 80.00 foot wide Drainage Easement, os shown on the Plot of Said Unit 22; thence South 00'9'10. West, along soid Westerly Line, for 0 distance of 105,17 feet to a point on 0 circular curve, concave Northerly, whose radius point bears North 17'29'57" West, 0 distance of 4,217.18 feet therefrom; thence run Easterly, along the arc of said curve to the left, having 0 radius of 4,217.18 feet, through 0 central angle of 00'34'18", subtended by 0 chord of 42.08 feet at 0 bearing of North 7212'54" East, for on orc length of 42.08 feet to the end of said curve, and to on intersection of the Eosterly Boundcry of said Tract 93; thence South 00'9'10" West, along said Easterly Boundary Line of Said Tract 93, for 0 distance of 32.57 feet, to the beginning of 0 curve, concave Northerly, having 0 radius of 5,234.46 feet and 0 central angle of 00'OS'45"; thence run Westerly, along the arc of said curve to the right, hoving 0 radius of 5,234.46 feet, through 0 central angle ofOO'OS'4S", subtended by 0 chord of 13.32 feet at 0 bearing of South 75"34'13" West, for on arc length of 13.32 feet to the end of said curve; thence South 86"51'39" West, olong the Southerly Boundary of soid Tra::t 93, for 0 distance of 325.30 feet; to the POINT CF BEGINNING; Containing 0.667 acres, more or less. Notes: ,. This is not 0 survey. 2. Basis of beari:1 g is illot. 3. Subject to easements, reservations and restrictions of record. 4. Nor. valid without Sheet 1 of 2 depicting Sketch of Description and bearing :he original signature and embossed seal of a Florida registered Surveyor and Mapper. 5. All dimensions are illot unless otherwise noted. 6.... Note should be token that on the plat of Golden Gate Estates, Unit 22, a 30' deficiency occurs in the block containing Tracts 110-12S, and Tract "A", and a 30' overage occurs h the block containing 78-109, and this is reflected in the calculotions concerning this parcel. I EXHIBIT -I Page~ ofi. SKETCH AND DESCRIPTlON WILKISON & ASSOCIATES INC,. ENGINEERS, SURVEYORS AND PlANNERS 3506 EXCHANGE AVE. NAPLES, FtA. 34104 (941) 643-2404.F"AX NO, (941) 643-5173 FlORIDA BUSINESS UCENSE NO. LB5770 SEC/SUB W.O. NO. DRAWN BY fiLE NAME SCALE AS NOTED GGE 22 0014,1 EAW 00-01S-000.DWG DATE SHEET Fa PG CHECKED BY OW<>. NO. ~EVISED 01/31/02 02/02 2 OF 2 DJH IR-L-175A-2 .J I Pg. ., '-~~"'-.'---..----..--. ~i~i3' .'3. ,~ ~.:", ." - ., "" '" i ~ ...... _..J ~~ j r 25TH AVENUE N.W. 60' ROAD EASEMENT N 89'38'26" W 337.58'. N \- Iw~ !> ;::: ..;. "" U) ~ o 50' 100 150 I I~ r'- 'I- r'-z OlW to:::i: W WUl , 1< . w I~o 1m < :-10 o,~ o ...,,0 -to w C)) l'0 O::C'J W..- >- . w<.:) "l0::a.. 010 <(0 -l"- 0:: r-. <(..- o . 0:: o . o ~ en ~ o o z P.O.B. '0 n -- -- -- EXHIBIT t) 0..-... '\; of iJ ''''"l:f''''__ DAVID J. HYA ,P. . (FOR TrfE FIRM) .FtA. L1C, NO. ..834 NOT VAUD W1lliOUT lliE SIG~IA nJRE AND lliE ORIGINAL RAISED SEAL OF A FlORIDA UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTlON WILKISON & ASSOCIATES INC.. ENGINEERS, SURVEYORS AND PLANNERS 3:)05 EXCHANGE AVE. NAPLES, f1.A. 34104 (941) 643-2404 FAX, NO. (941) 643-51'3 FlORIDA BUSINE~ UCENSE NO. LBS770 SEC/SUB W.O. NO. DRAWN BY fiLE NAME SCALE AS NOTED GGE 22 0014.1 EAW 00- 018-000. DWG DATE SHEET 02/02 I 1 OF 2 FB PG CHECKED BY DJH DWG. NO. IR-L-17SB-1 J No~Gi~~TE~ MAR 1 1 2003 ~.3 Pg, r Description: A portion of Tract 92, Golden Gate Estotes, Unit 22, according to the plot thereof os recorded in Plot Book 7, Page 84, Collier County, Florida, being more particularly described os follows: Beginning at the Southeasterly Corner of said Tract 92; thence South 8S'S1'39" West, along the Southerly Boundary of soid Tract 92, for a distance of 338.20 feet, to the Southwesterly Corner of said Tract 92, thence North 0019'10" East, along the Westerly Boundary of said Tract 92, and the Centerline of the 60,00' wide Rood Easement (2nd Street N.E.); for 0 distance of 13.10 feet to a point on 0 circular curve, concave Northerly, whose radius point bears North 08'50'20. West, a dIstance of 4,117.18 feet therefrom; thence run Easterly, along the arc of said curve to the left, having 0 radius of 4,117.18 feet, through 0 central angle of 04"47'48", subtended by 0 chord of 344.57 feet at 0 bearing of North 78'45'47" East, for an. arc length of 344.67 feet to the end of said curve, and 0 point of intersection with the Easterly Boundary of soid Tract 92; thence South 00"19'10" West, along said Easterly 80undory, for a distance of 61.73 feet, to the POINT OF 8EGI:-.lNING; Containing 0.271 acres, more or less. Notes: 1. "7"his is ."lot 0 survey. 2. Basis of bearing is plot. 3. Subject to easements, reservations ond restrictions of record. 4. Not valid without Sheet 1 of 2 depicting Sketch of Description and bearing the orIginal signature and embossed seal of 0 Florida registered Surveyor a:ld Mapper. 5. All dimensions are ;Jlat unless otherwise noted. 6. · Note should =>e taken that on the piat of Golden Gate Estates, Unit 22, a 30' deficiency occurs in the block containing Tracts 110-12S, and Tract "A", and a 30' overage occurs in the block containing 78-109, and this is reflected in the calculations concerning this parcel. EXHIBIT ~\ Page~ of~ SCALE SKETCH AND DESCR/PTlON WILKISON & ASSOCIATES INC.. ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FlA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS UCENSE NO. LB5770 S::C/SUB w.o. NO. DRAWN BY FILE NAME AS NOTED GGE 22 0014.1 EAW 00-018-000.DWG DAiE I 02/02 SHEET Fa PG CHECKED BY DWG. NO. 2 OF 2 DJH IR-L-175B-2 J NO~'f~~ IT~~> MAR 1 1 2003 Pg. d. ~ 25TH AVENUE N.W. 60' ROAD EASEMENT N 89'40'50" W 330.00' N J~, I c" ~ 0 ci N 0 50 100 150 (f) " I- II.1J z N w I · .::E ci ~iFi~"<t" 0 ... ~ "en ..... r-- WW>-~ Z ::J>I-N b I.1J I.1J (f)~~ 0 ~ I.1J W u. z V) '0 ...J...J::Ec..? I wi ~\ ~I .., ...J a... "w....J (Q(f)a:li.J..Jn . 0 0 go...<(~ I Z <I 0 0 -2:1:0 I- ~ Z W<(UN W UiU~ . w '0 . 0:: 0:: <0 <( d I- (f) a:l 10 0 Z IN 84-'35"'":: 331.66' N , S 86'50'45" W 330.61 C 'i'P-RCC.\.. \15 P.O.B. If "LE.E. ROf>..O - - - IMMOf'.!:: - .;.-- , - ~ S R 84-6 (< . . DAVID J. ATT, .M. (FOR THE FIRM) FLA. Uc. O. 5U4 NOT VAUD W1:m'OUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FlORIDA UCENSEO SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON & ASSOCIATES INC.. ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FlA. 34104 (941) 643-.2404 fAX NO. (941) 643-5173 FlORIDA BUSINESS UCENSE. NO. LB5770 SEC/SUB . W.O. NO. DRAWN BY FlLE NAME 1 EXHIBIT ,"j ~;::, of I:. I~_- SCALE IAS NOTED GGE 22 0014.1 EAW 00-018-000.DWG I DA TE SHEET FB PG CHECKED BY DWG. NO. 02/02 1 OF 2 DJH IR-L-175C-l .J No5~~TEM .3 MAR 1 1 2003 Pg. ~ r De~cription: A portion of Tract 63, Golden Gate Estates, Unit 22, according to the plat thereof os recorded in Plot Book 7, Page 8~, Collier County,. Florida, being more particularly. described os follows: Beginning at the Southeasterly Corner of said Tract 63; thence South 86'50'45" West. along the Southerly Boundary of said Tract 63, for 0 distance of 330.61 feet, to the Southwesterly Comer of said Tract 63, thence North 84'35'11" East, for a distance of 331,66 feet. toa point of intersection with the Easterly Boundary of said Tract 63; thence South 00'19'10" West, along said Easterly Boundary: for 0 distance of 13.10 feet, to the POINT OF BEGINNING; Containing 0.050 acres, more or less. Notes: 1. This is not 0 survey. 2. Basis of bearing is plot. 3. Subject to easements, reservations a:1d restrictions of record. 4. Not valid without Sheet 1 of 2 depicting Sketch of Description and bearing the original signature and embossed seol of 0 Florida registered Surveyor end Mapper. S. All dimensions ore plot unless otherwise noted. 6. Note should be taken that all measurements shown an this description are per plot, and this is reflected in the calculations concerning this parcel. EXHIBIT // Page ~ ; of~' -- . SCALE SKETCH AND DESCRIPTlON WILKISON & ASSOCIATES INC.. ENGINEERS, SURVEYORS AND PlANNERS ~05 EXCHANGE AVE. NAPLES, FlA. 34104 (941) 643-2404 FAX NO, (941) 643-5173 FlORIDA BUSINESS. UCENSE NO. LB5nO SEC/SUB w.o. NO. DRAWN BY fiLE NAME AS NOTED GGE 22 0014.1 EAW 00-018-'-000.DWG OwG. NO. IR-L-175C-2 DATE SHEET Fa PG CHECKED BY DJH 02/02 2 OF 2 J NO~~~'TE~ MAR J 1 2003 Pg. @~ R",,'2i1\~B ~P'O.C. \..",,;'09. 6:) .. _ '. "\Of\"",~4; i' NB6'S1'39 E 32:J.30 !:i"0:)'55 -+ ! NB6'51'39"E_1~.16'. --\ - - ,1:) ~7 \ /)'p..RC~\.. RO~ \ 'l-.p>-\ (1-. \ ~.i. 546 Tf ~ -) I ~.1\6 / --- \ R .,:),90 ----- I i \.."".. 1 06 "I f\",,20.. 0" ~O/ll.':)' 5 .. '<t '" to ,.... :.:::: fo") r...: o:::::.::::N Ol <: 0:::: . <0 r-<(", w (/)r-Q.. ~ . (/) . ~<:ri 0 "en I.J... I fo") -N i ~ Z~..- 0 <: 0 . 0 --.J 0:::: Z <: . 0 N ~ o 50 100 150 AS NOTED GGE 22 0014.1 DWG. NO. ,0tH 01 I ~ ;::: -.i I ~ l~ o l~ 1 ~ -i 40' l~ I~ ~ I~ I~ l~ Cl I~ I~ I I I I I EXHIBIT-2L Page--L- of ~ - I I I I I I SCALE DAVID J, A, ... (FOR "THE fiRM) FlA. UC. NO. 5 NOT VAUD Wl"THOUT THE SIGNATURE AND "THE ORIGINAL RAISED SEAL Of" A FlORIDA UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTlON WILKISON & ASSOCIATES INC,. ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPlES, FLA. 34104 (941) 543-2404 FAX NO. (941) 643-5173 FlORIDA BUSINESS UCENSE NO. LB577D SEC/SUB W.O. NO. DRAWN BY fiLE NAME EAW 00-018-000.DWG DATE SHEET FB PG CHECKED BY 10/01 1 OF 2 DJH IR-L-173-1 oJ . NO~~'3 MAR 1 1 2003 Pg. ~l ,. Description: . . -".:) C-'; _1_" PagE;. --2L ':.if Q- - A portion of the County Canal R.O.W., Golden Gate Estates, Unit 22, according to the plot thereof os recorded in Plot Book 7, Page 84 , Collier County, Florida, being more particularly described os follows: . Commence at the Southwesterly Corner of Tract 93, of said Unit 22; thence North 86'51'39" East, along the Southerly Boundary of said Troct 93, for a distance of 196.16 feet, to the POINT OF BEGINNING of the herein described parcel; thence continuing North 86'51'39" East, along the Southerly Boundary of said Tract 93, for 0 distance of 129.14 feet to a point on 0 circular curve, concave Northerly, whose radius point bears North 14'21'24" West, a distance of 5,234.46 feet therefrom; thence run Westerly, along the ore of said curve to the right, having 0 radius of 5,234.46 feel, through 0 central angle of 04'31'50", subtended by a chord of 413.79 feet at a bearing of South 77'54'30" West, for an arc length of 413.90 feet to the end of said curve; lhence North 12'09'43" West, for 0 distance of 9.41 feet to a point on 0 circular curve, concave Northerly, whose radius point bears North 12'09'43" West, a distance of 4,217.18 feet therefrom; thence run Westerly, along the arc of said curve to the left, having a radius of 4,217.18 feet, through 0 central angle of 03'55'42", subtended by 0 chord of 289.08 feet at 0 bearing of North 75'52'26" East, for an arc length of 289.13 feet to the end of said curve, to the POINT OF BEGINNING; Containing 0.140 acres, more or less. Notes: 1. This is not a survey. 2. Basis of bearing is piat. 3. SUbject to ecsements, reservations and restrictions of record. 4. Not voiid without Sheet ; of 2 cepicting Sketch of Description ond bearing the orig:nal signature and embossed seal of a Florida registered Surveyor and Mapper. 5. All dimensions ore plot unless otherwise noted. 6. .. Note should be token that on the plot of Golden Gate Estates, Unit 22, a 30' deficiency occurs in the block containing Tracts 110-12S, and Troct "A", and a 30' overage occurs in the block containing 78-109, and this is ref:ected in the calculotions concerning this parcel. SKETCH AND DESCRIPTlON WILKISON & ASSOCIATES INC,. ENGINEERS. SURVEYORS AND PlANNERS 35D6 EXCHANGE AVE. NAPlES. FlA. 34104 (941) 643-2404 fAX NO. (941) 643-5173 FlORIDA BUSINESS UCENSE NO. LB577D SCALE SEC/SUB w.O. NO. DRAWN BY fiLE NAME AS NOTED GGE 22 0014.1 EAW 00-018-000.DWG DATE SHEET FB PG CHECKED BY DWG. NO. 10/01 icl1~ cl 2 OF 2 DJH IR-L-173-2 ~ ~-~.~~ r(if3~~ .J I p~ '-1 If.,...... l \ ........,J ~8' I COLLIER C01.JNTY TRANSPORTATION DMSION DEPARTMENT OF ENGINEERING & CONSTRUCTION MANAGEMENT RIGID -OF- WAY ACQUISITION OFFICE MEMORANDUM DATE: January 31,2003 TO: File fL FROM:: Lorraine Rossi, Right-of-Way Property Acquisition Specialist Phone number: 239-213-5843 RE: Water Project I spoke to Clarence Tears at 239-597-1505 X7601 today. He apologized for not returning my previous call sooner. He wants us to go to the BCe 1 st and then he will submit it to his attorneys since we originated the agreements. He just seemed to want the final approvals. NO~~IT6 MAR 1 1 2003 Pg, EXECUTIVE SUMMARY APPROVE REALLOCATION OF FUNDING FOR PROFESSIONAL SERVICES AGREEMENT NO. 02-3398 IN THE AMOUNT OF $116,690.00 TO PROVIDE FOR DESIGN FOR WATER AND SEWER RELOCATIONS RELATED TO THE ROADWAY IMPROVEMENTS TO COLLIER BOULEVARD BETWEEN GOLDEN GATE BOULEVARD AND IMMOKALEE ROAD, PROJECT NO. 65061. OBJECTIVE: To reallocate $116,690,00 from the Transportation Division Budget to the Public Utilities Engineering Department Budget for Task 5 of Professional Dedgn Services Agreement No, 02-3398, for design costs related to the relocation of a water main, force main and raw water line which are a part of the roadway improvement project. CONSIDERATIONS: On December 17,2002, the Board of County Commissioners approved the Agreement for Professional Services with CH2MHILL for design of a 6-lane roadway on Collier Boulevard from Golden Gate Boulevard to Immokalee Road. The $1,404,387,00 agreement was incorrectly funded wholly by the Transportation Division, Task 5 of that agreement, relocation of Public Utilities facilities, should have had funding designated from the Public Utilities Division. Task 5 is now budgeted for funding as follows: ....-. Item Water Main Force Main/Raw Water Proiect Number 70302 73302 Cost Center 273512 263614 Fund 412 414 Amount $96,817.00 $19,873.00 ("-;-FISCAL IMPACT: The total amount of $1,404,387.00 previously approved by the Board of , \ County Commissioners and coming from the Transportation Division Budget is reduced by $116,690 to $1,287,697.00 and funding in the amount of $116,690 is allocated to this project from the Public Utilities Division, GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action, RECOMMENDATION: That the Board of County Commissioners approve a budget amendment to reallocate the sources funding for this project. - A~E~9.f- ~TiM NO.~ MAR t 1 2003 Pg. \ SUBMITTED BY: APPROVED BY: APPROVED BY: APPROVED BY: APPROVED BY: APPROVED BY: - .<- ~-U Date: ~'7./-6 ~ Gary R. utaansuu, P,E" Senior Project Manager J)"-.L ;t)~.- Date: 1.-1i-o~ Dale Bathon, P ,E" Principal Project Manager );:<-1) ?~ 'J Date: t-/l-t, /03 , Roy . Anderson, P ,E" Director Public lit~s Engi eering Division / / -----==== Date: ~ Gregg Stra aluse, P.E" Director Transportation Engineering & Construction Management Dept, Date: No n Feder, Administrator Tran portation Division N:~~~ IT~ MAR 1 1 2003 Pg, ?- , EXECUTIVE SUMMARY A RESOLUTION AUTHORIZING THE EXECUTION OF A SUPPLEMENTAL AGREEMENT FROM THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE COUNTYWIDE PAVED SHOULDERS PROJECT. OBJECTIVE: To obtain authorization of the resolution for the Supplemental Local Agency Program (LAP) Agreement between the Florida Department of Transportation (FDOT) and Collier County (attachment No. 1). CONSIDERA TIONS: The Board approved the original LAP Agreement on November 13, 2001 and a Supplemental Agreement on December 17, 2002 (Attachment No.2). However, the resolution authorizing the chairman to execute the Supplemental Agreement was not included. In order to proceed with this project, the FDOT requires a resolution for the Supplemental Agreement. The Agreement is similar to an FDOT Joint Participation Agreement in that the County is authorized to perform work and is then reimbursed for that work by the FDOT. A LAP Agreement signifies that Collier County has been certified by FDOT to implement an integrated and balanced transportation system. The certified agency may request reimbursement from the FDOT of funds expended for certain types of projects. The Countywide Paved Shoulders and Sidewalks Program qualifies under the provisions set forth in the LAP Agreement, which the FDOT is authorized to enter into under Section 334.044, Florida Statutes. .n.V FISCAL IMPACT: The original agreement that authorized the funding was approved on \" November 13, 2001 (Item 16 B9). Therefore there is no fiscal impact with this executive summary, GROWTH MANAGEMENT IMPACT: None RECOMMENDA TION: That the Board approves the resolution authorizing the chairman to execute the supplemental agreement for the Countywide Paved Shoulders and Sidewalks Project. ~ 7/ APPROVED BY: No . Feder, AICP, Transportation Administrator DATE: z,/vrjO-:5 I DATE: 71f/ffcS / I DATE:-#- -" Nojr;~ IS MAR 1 1 2003 i Attachments: Pg. 1 RESOLUTION NO. 2003- 2 --1 A RESOLUTION AUTHORIZING THE EXECUTION OF A SUPPLEMENTAL AGREEMENT FROM THE STATE OF FLORIDA 5 DEPARTMENT OF TRANSPORTATION FOR THE COUNTYWIDE 6 PAVED SHOULDERS PROJECT. 7 8 WHEREAS, the Collier County Board of County Commissioners (Board) wishes to 9 provide a combination of sidewalks and paved shoulders countywide; and 10 WHEREAS, the State of Florida Department of Transportation (FOOT) has been granted II the authority to function adequately in all areas of appropriate jurisdiction including the 12 implementation of an integrated and balanced transportation system and is authorized under 13 Section 334.044, Florida Statutes, to enter into a Local Agency Program (LAP) Agreement with 14 certified agencies. Collier County is a certified agency. 15 WHEREAS, the purpose of the LAP Supplemental Agreement is to provide for the 16 FDOT's participation in Collier County's "Countywide Paved Shoulders" Project, further 17 described in Exhibit A. 18 WHEREAS, the Board believes such a Supplemental Agreement to be in the best interest 19 of the citizens of Collier County. NOW, THEREFORE, be it resolved by the Board that: 21 SECTION ONE: The Board does hereby authorize its Chairman to execute an FDOT 22 LAP Supplemental Agreement for their participation in the "Countywide Paved Shoulders" 23 Project wherein Collier County agrees to pay the estimated project costs of $641,480.00 and 24 complete the project on or before June 28,2003 as indicated in the supplemental agreement. 25 SECTION TWO: Upon completion of the project as outlined in the LAP Agreement, the 26 FDOT agrees to reimburse the estimated projects costs of $641,480.00 to Collier County. 27 SECTION THREE: This Resolution shall take effect immediately upon its passage. 28 This Resolution adopted after motion, second and majority vote favoring same this 29 _dayof ,2003. 30 ATTEST: 31 DWIGHT E. BROCK, Clerk 32 33 By: 34 Deputy Clerk 35 36 Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, Chairman .;9 40 h.t.~ ,....a~ ~lTACHMENl NO, ----L-- P~GE \ Of \ No~~l~~ ITE~ MAR 1 1 2003 ;L Pg, 81/17/2883 89:22 ( 941-534-71 72 (, FLffilDA DOT -BARTOW PAGE 82 ET"TE OF Fl..ORJDJI ~P'~ OF 'J'RANSPORTAnOH FIN NO. SUPPLEMENTAL NO. LOCAL AGENCY PROGRAM 4D4360-1 - 001 SUPPLEMENTAL CONTRACT NO. AGREEMENT AL 310 5O!SoOlO-32 CONSTRUCTION oZJQ' P"711 0'2 The County of Collier desires to supplement the original agreement entered into and executed on 119/200Z All provisions in the original agreement and supplements, if .my, remain in effect except as expressly modified by this supplement. The changElS to the agreement are described as follows: PROJECT DESCRIPTION Nama Countywide Paved Shoulders Carolina Avenue, Estey Avenue ad Shadowlawn DrivB Length 12.900 feet TermIni Description of War1\: Project consists of design, construction and inspection for providing four (4) foot shoulders on each side of the roadway for Estey Avenue, Shadowlawn Drive and Carolina Avenue. Recon for Supplement: See Attachment Page 1, FUNDING TYPE OF WORK (1) (Z) (3) (4) (5) PREVIOUS TOTAl ADDITIONAL CURRENT TOTAl TOTAl. ACENCY iCTAL FEDERAl. PROJECT FUNDS PROJECT PROJECT FUNDS FUNDS P.E. ., II,' Agency wor!( $72,445.00 $72,445.00 b. Olher c.. Department Services d. Tolal PE Cost Estimate $7Z,445.00 (a + b + r;) $72,445.00 Fllght-of-Way e. Agency Work f. other g. Departmet'1t Servi=es h. Tolal R/W Ctimalll (e+f+g) Construction L ConlTilct $569.035.00 $569,035,00 j. Other k. Other I. other m. Tolal Con~ct Costs $569,035.00 (i+j+k+1) $569.035.00 Conslrucllon Engineering n. Agency o. other p. Deparlrmtnt Forces q. Tolal Engineering Cn + 0 + p) r. Tolal Construction Cost $569,035.00 $569,035.00 Ealimal1t (m + q) s. TOTAL COST AG N~TE~ OF THE $641,480.00 No, I ( Ii $641,480,00 PROJECT (d + h + " M~,K 1 1 LUU.1 - ATIACHMENT NO. L- PAGE \ OF l, Pg, 3 . 01/17/2063 69:22 (' 941-534-,.../2 ( FLORIDA DOT-BARTUw PAGE 63 S<:S-01 ~ ATfACliMEItT PAGa 1 Reason for Supplement: . This Supplement Is necessary to add multiple year funding verbiage to Exhibit B. Currently only $72,445.00 is available for Preliminary Engineering activities (phase 38): A written notice (Notice To Proceed) will be issued to the Agency when . additional funds become available. F~.mds are contingent upon Legislative approval. Also, the project name and description are changing. The project name will be Countywide Paved Shoulders and Sidewalks. The project description will consist of design. construction and inspection for providing four (4) foot shoulders along Carolina Avenue, a combination of sid'1walks and paved shoulders along Shadowlawn Drive to include incidental drainage necessary for pedestrian safety and sidewalks on both sides of Estey Avenue from Steeves Avenue to Jeffrey Place. .. N:~~~ ITE~ MAR 1 1 2003 .:\ Pg. ~TTACHMENl NO. PAGE L 7- OF if) .~1 117/ 2E1f13 fl9: 22 ( 941-534- I... 12 (- FLORIDA DOT -BARTOw PAGE fl4 52S-O'O-3Z CONSTFluC'fION 0::101 Pag.2.,,2 IN WITNESS WHEREOF, the parties have caused these prQents to be executed tha day and year first above written. AGENCY ~~~ By: Title C r County.Bo .. ~HIlI esjgnee . . ..,' t. ':) .',r.O .... l'Z.-11:.oz ~. ~~{~ ....... ....c,~.C':... Attest: ~,\'. ;' I' iii;::'~~.ri1m~;;' ~ Tii1e"'CI .; ~~~i. :'...~tnainRft.S . ~~.. :~i~ilat~~ ~:~.Y. Date: 11:.- I'.~ ~~ ~..,-,.:.",. ." : ':~~).1'.' s: 2::~; ~~.~. . STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Title Director of Production Attest Title Executive Secretary Date: As to form: . .fl~ )~ Attorney A-s~t . (~oJV"1~ ;t1tnnt. r ~ to fonn: ;) - }11.;/".e-t ~ District Attorney See attached Encumbrance Form for date of funding approval by Comptroller . N:jt~ ITEM S MAR 1 1 2003 5 Pg. I : ATTACHMENT NO, lPAGE 3 z.. OF ~ 01/17/2063 09:22 (' 941-534-7172 ( FLORIDA DOT -BARTOoJ t/l~I2f182 E19: 2S 941-534-7172 FLCF!IDA DOT-E!ARTl:l4 .1 To: Dabr8 M Stallln;slDlIFOOTQlIFDOT cc: SubJe.;t: RD: ENCUMBAE9 Enc;ymbnltlee AdMI..trator St:fIt. by: ERZ8beth WI!Uing'tDn 12nV01 04;09 PM Debra M Stallings ~ ~....-...'- P.r. M s..n!:JlJ ,2/,,/01 04.:58 f"M To: Encumbrance Aaministrator/COfFDOT~OT c:c: 5ubjact: ENCUMBA S~E DF ~LORlPA P5F~~~ o~ T~3ro~TArI~ ~~ Jso-02b-Ol tNeuM!!El.MCE lliI'U'r !'om l:CJtnIlt'lLLEJI.-I'!K APMl1{ 3/99 __~:==--=-~-...r-===---========--~===:=-_--- -,:-===---..... P.lTSH Cl'HUt<<1l!d by I I (d..~.) ) R'!!II.:30A for P.t1:S;H:- -- - - ;odv..r~1:l1l (L...t't1ng p...i:e' T"lJ:Dl1nation/C.ert. of C:o~ ~~ _ LoA - _ :5\l.ppllUlent:Al _ P..eewal _ corrcacl:iCl'D _x_ tf...... Mdi t:;i. on c~c. ort1car ovu:= C~ntr.~~' AL31Q C~~r&et ~yp. AK Method of Procur~.ne _~__ Vendor Nuua -Col.l.i-r C..u.uty votndo,r IU F:i9&QDD:558131 !Las wri'tt:.qnlv-arb-al Aili'roval from. .. !'ar'tlciFil'l:1nJ1 !'aq'u:"al ~'Jl!ncy b.en receivQd Yeas ~c ~/A Fed Agm'l: ~t '7Z,I'5.00~~~q Fun~. Lcc.l run~, !>QgUm1ng d..t:l! of thb A.gmt: 12/13120131 CM"... ~.. aftou :C-YnlS .pprovl!ll ~d1ng ~~q of ~1s ~c: 1Z/l2/2DC5C~~tima~. if nl!c.~..rYI Execution daee of ehis ~~ I _,_,_ (only en a:::l!jl'!.nal a!JI;,._entsl ft.:l work Dl!.n Qu~ori~q<<1 ~o b~;in? Yl!. X ~o Have 'tan~_r~ financial pr~:liQn~ ~..n al'l:Qrq~ Py contr.~~ t.~? Ye:3 X No !! .so, "hOOlf P.Q"isicn 11a~l!; PCl!S tbI.-.gre~ent ~~/or chanqR Drder 1ncludQ provi,ion, for rl!imbyrs~nt to ~.C.T. fr~ o~hQr qn~i~1Q5? yes ~ No ~..........~*.~~~*.*.~.~~.*~.~~~.~.~~~.......................~**.~ a.i.j! Pl!scription at' lI'crk/commlllnl:ll: Laea.l. ~ar F:Z;I:J~_ Ag'reClall!ft~ Th:L. i. .. a01J:Q~" lU.dewlU);. l'~:J.et: .1A ~ l:J1 1oQlll,tiOll_ w~t!l1n caJ..l:f.~ c_~. ......t..~.~......~...*.....~..~6.~*.*~~...4~.....*.........*.~*~~ Op.I;-COP1.: .50 .. OBJECT · ~ e!':LN PROJ 01: JOB t 1lt!'c:T 1!'!:!CA:L i~r (lVNJ') alpha. -=========== ______ ....T -- ---_....~-----==:=;-====-- 55 01301Dl41 (~1/C1~) ~ . 1315Z1 ~ '72,445.00 · 4D&280-1-38-01 (~st .Zl' ----------------------~-----------------------------~------------- s5 Q13D3D147 ~~n . 79D09Z .'~5P,D3~_OO · 404360-1-58-Q1 .~15 (01!OZ) (SS) 'rhi.. portion ef ~ -CQJU'brIloll'" 1. :Cez ~..... ouloy of t:1w .....1l.~C"tiel1 daJ.1~.. ------------------------------------------------------------------ 55 KXXZZXXXX .:leX ... ~x .. t (;t(x/:u:) ... ~~~x lxxxx) ~1Uc1l -------~---------------------------------------------------------- TOTJUo ~ · 37Z.oI...0a · ----------------------------------------------------,------------- - Ori91na~or:_n~r- Stallin9B__ CAXE '~I1Z'~1/D1 PHlSC: S57-Z133 ~-ma~l USERID(3'd.br..~~&111nva!dot.5t.t..rl,us TL1JOPS- - ...*..~.~......**..*..+......4......~..~~~~_~..4A.~.....~~~~~~.4.. '1'0 ~ coMl'LET~11 BY OFFICE O!" Ct'IWTItDLLl'1!l ATTACHMENT NO. ""2- PAGE ~ OF (p PAGE 05 PPPE. 52/63 AGEN~ ITEM C No .--l Lr .....J MAR 1 1 2003 Y Pg. ( n E'I1/17/2E'1El3 E'I9:22 ( 941-534-7.,2 FLORIDA DOT -BART(J,o, PAGE E'I6 11:1.12/2002 69:25 '341-534-7172 FLD<IDA tm" -BAFmJoJ P.:lEE 6::l/f)J ,. , (. i +..~;.......~..6.~.....~...........~.......~._*....~.....~.*...~.. ~up~5T ~Irr 55100100 CA~~QQR~ _OII'.~-02 wollX ~ ~RIFlcAl'IOJ( 01'> ;..I.Lon1M'1' . - us. PME cml;r;:Jro Cl ~'04 G3 ~I~ 0001 ---- Fg;,E3g ~""""T'AE'1'~ ~"I JOSJ:1'1IINE 30mlil PHI'3!l S II 1'tJl'Il' pZVJ:~1I BY JOSEPHlm: ,tOKeS FOP- RolHIl Pl. l'IAI'rQV)l;. CFA. AC'UNlW I;cHPTP.Ot.1JUI. llAT5; lZ/l:2!ZDOl ......~......4_..~...~................~..~....~*~*~.~~.~..p~4..... A~NQ/\ lTEM.._ No.~ MAR 1 1 2003 ATTACHMENT NO. PAGE ~ OF ""Z-. ro Pg, 7 (- ( 61/1712663 941-534-7172 ~~IDO DOT-BARTOW Florida Department of Transportation . 801 N. Broadway Bartow, Florida 33830 6'3:22 PAGE 67 .JEll BVSB G~'ERNOR THOI\IAS F. BARRY, .1R. SECUTARY October 1,2002 Mr, Daniel G. Hall, P.E. Engineer Collier County 2705 South Horseshoe Drive . Naples, Florida 34104 RE: Local Agency Program (LAP) Agreement Time Ex"1ension FPN: 404360-1 Contract #: AL 310 Dear!vfr. Hall: o \...) .-:) ,,""') '. "'" \ .-I. In reference to your request of July 16, 2002, and a recommendation from the District LAP Coordinator, the e:l\.-piration date of the referenced LAP Agreement is hereby extended to June 28, 2003. This action will allow sufficient time for the completion of the project. It is expected that no further extensions will be necessary. This extension is approved in accordance with the provisions stated in Section 2.02 of the LAP Agreement and is a record for the project file. Please sign, retain a copy for your file, and retum this to: Michelle S, Peronto, LAP Coordinator 801 North Broadway Avenue Bartow, Florida 33830 By copy ofthis letter, I am asking our Fiscal Office to reflect the ex1ension in the FLAIR System, Sincerely, ~ ~e ;'li~' . Direc or of Production Acknowledged: A!)~'uJ} 4 If{ JJ Daniel G. Hall, P.E. Engineer cc: Kasmin Williams, MS 1-68 file .'- ~'$. co .' .." -:::.... '~':':. ':~.~ . ....;...... . ~.~.: L.. 0:- c' . .- - ? District One, District Contracts Office 801 North Broadv.ray Avenue"'Post Office 1249* Bartow, Florida 33831-1249 (86~) 519-2791"'(863) 519-1909 (f8Jt)"'MS 1"18 .dot.state.f\.U5 ATTACHM~T NO, PAGE ~ OF z... (Y.) AJ(N~ ITEM - No. { ~ MAR 1 t 2003 ~ Pg. .. f EXECUTIVE SUMMARY APPROVE THE PIGGYBACKING OF A PENSACOLA, FLORIDA (ESCAMBIA COUNTY) CONTRACT TO PURCHASE LAID IN PLACE POLYMER MODIFIED COLD MIX PAVING SYSTEM (MICRO-SURF ACING) FOR TIlE ROAD MAINTENANCE DEPARTMENT ANNUAL AMOUNT IS ESTIMATED TO BE $50,000.00. OBJECTIVE: To provide a cost effective alternative that will subsidize the Counties Annual Overtay Program. CONSIDERA nONS: Micro-Surfacing is a polymer modified cold mix paving system formulated to remedy a broad range of problems on today's streets, 1. Life expectancy of seven (7) to ten (10) years 2. Environmentally safe, cold application emits no pollutants 3. Applied with continuous load pavers to minimize traffic delays 4. Eliminates hydroplaning and increases skid resistance 5. More resistant to Rutting and Shoving in comparison to traditional milling and overlay ~ Micro-Surfacing is a less expensive way of overcoming surfacing irregularities that occur in pavement as a result of traffic, weather and aging compared to conventional milling and overlay. Because Micro-Surfacing can be effectively applied to most surfaces at 3/8 inch or less, more area per ton of mix is covered, resulting in cost-effective resurfacing. Staff requests Board approval for the piggybacking onto the Pensacola, Florida contract number PD 01-02.19 in order to purchase laid in place Polymer Modified cold mix Paving (Micro- Surfacing), ~VFISCAL IMPACT: Funding will come from the MSTD General Fund (Ill) in the approximate \~ amount of $50,000,00. Source of Funds are Ad Valorem Taxes. GROWTH MANAGEMENT IMP ACT: None ,,-.- RECOMMENDATION: That the Board approve the piggybacking of the Pensacola, Florida contract (#PD 01-02.19) with Florida Highway Products for the purchase of laid in place Polymer Modified cold mix Paving (Micro-Surfacing) for the Road Maintenance Department. SUBMITfEDBY:~w~~t DATE:~..3 DATE: Z. '2 03 NO~~~ MAR 1 1 2003 Pg. \ ... . REVIEWED BY: ~ ~ . {;Iff Stephen Y. Carnell, rchasinglGS Dlrecto an E. Feder, AlCP, Transportation Administrator - DATE: L(U/OJ DATE:~3 DATE:#- r-- AGE~ No.--' te t"? {p MAR 11 2003 Pg..r t.. EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT REQUEST TO TRANSFER $267,641.78 FROM TRANSPORT A TION GAS TAX RESERVES FOR A CASH PAYMENT TO FIRST BAPTIST CHURCH OF NAPLES, INC. FOR THE DEVELOPER CONTRIBUTION AGREEMENT, APPROVED BY THE BOARD OF COUNTY COMMISSIONERS ON OCTOBER 22, 2002. OBJECTIVE: To obtain the Board of County Commissioners approval of a budget amendment that will appropriate funds from reserves to cover tht' cash payment to First Baptist Church of Naples, Inc. for the Developer Contribution Agreement that was approved by the Board of County Commissioners on October 22,2002. CONSIDERATIONS: As part of the Developer Contribution Agreement with First Baptist Church of Naples, Inc for Road Impact Fee Credits and Cash subject to the Developer complying with all conditions of the agreement which includes release of existing easements in favor of the Church encumbering the Livingston Road Right-of-Way. The County will grant a replacement drainage easement to First Baptist for storm water in the eastern twenty feet of the Livingston Road right-of-way, As part of the agreement, the developer was to receive a cash payment for improvements that were constructed that would otherwise have been expended for the same improvements on the Airport Road widening Project, The amount of the cash payment is $267,641,78, A budget amendment is needed to appropriate the funds within the project for the cash payment to the developer, <-< FISCAL IMP ACf: A budget amendment is needed to transfer funds from the Transportation Gas Tax Fund Reserves and appropriate in the project. Source of funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board of County Commissioners approve the necessary budget amendment, /], . PREPARED BY; .I !LfUi?l/LlJA)i? 1/1{<-- DATE: 2/"2-8/(13 I Sharon Newman, Accounting Supervisor I I Transpo ion Administration REVIEWED BY: No T DATE: REVIEWED BY: DATE: 0# ~3 Ellen T.Chadwell, Assistant County Attorney .- AGENDA ITEM No. /,~ l- MAR 1 1 2003 Pg._...L-__ EXECUTIVE SUMMARY AWARD WORK ORDER NO. DBA.FI' "03-01 IN THE AMOUNT OF $165,500 TO AQUAGENIX FOR THE 2003 AUSTRALIAN PINE REMOVAL PROJECT (project No. 51501) AND APPROVE A BUDGET AMENDMENT TO TRANSFER FUNDS IN THE AMOUNT OF $50,000 FROM FUND 325 RESERVES TO FUND 325 AUSTRALIAN PINE REMOVAL PROGRAM COST CENTER 172940. OBJECTIVE: To obtain Board of County Commissioners' approval of a Work Order for the 2003 Australian Pine Removal Project to Aquagenix Inc. in accordance with the Annual Contract for Countywide Exotic Vegetation Removal, Contract No. 00-3125 and to process a budget amendment transferring funds in the amount of $50,000 from Fund 325 Reserves to Fund 325 Australian Pine Removal Program, Cost Center 172940 to fund the entire 2003 phase of this ongoing, county-wide exotic vegetation eradication effort, CONSIDERA TIONS: For several years the Stonnwater Section of the Transportation Division has defined and supported the need to maintain an annual effort to eradicate exotic vegetation growing along numerous miles of County maintained drainage canals, ditches, and lakes, When growing along a canal bank, Australian pine trees have a tendency to out-grow the support provided by their root system. This situation can pose a threat of personal injury and property damage, as these trees are prone to topple over in moderate to high winds, These trees have the potential to block flows in the drainage system if they were toppled into the ditches or canals. Some Australian Pines have purposely been planted, however most of these trees have established themselves along the high water line adjacent to the secondary drainage system, Removal of these trees will improve properties by reducing the risk of personal or property damage should these trees topple over in high winds. Australian pine trees are declared a public nuisance by Collier County Ordinance 99-51 when located in or adjacent to right(s)-of-way, canal(s), and easements, They are also designated "Prohibited Aquatic Plants" by the Department of Environmental Protection as referenced in Chapter 62C-52, Florida Administrative Code. Throughout the County hundreds of locations contain thousands of trees that should be eradicated. This year's project is comprised of forty-one (41) work sites grouped in five (5) different locations throughout the urban portion of Collier County, All sites are generally found adjacent to canal and ditch banks located within County drainage easements. Temporary Right of Entry agreements have been received from private property owners adjacent to all work sites. .- AGENDA IT~ No. I' 8 MAR 1 1 2003 Pg. I Executive Summary 2003 Australian Pine Removal Project Page 2 of 3 An additional twenty-five percent (25 %) of contingency funding is included in this project for two reasons, The lowest quote to complete all 41 sites is significantly lower than the cost estimate of $203,300.00, Also due to the nature of this project, funding for contingencies is good planning for either unforeseen expenses or unanticipated increases of work scope. This proposed work will also target any other exotic vegetation found among the Australian pine trees at each site such as Brazilian Pepper and Melaleuca, - We have received three (3) quotes from firms under the "Annual Contract for Countywide Exotic Vegetation Removal. Summa Amount of uote $131,610.00 $200,352.00 $593,352,00 No uote "~,,.'''' . \\!FISCAL IMPACT: Funding in the amount of $115,500,00 is available in Fund 325 Australian ,~ Pine Removal Program (Project No, 51501). A Budget Amendment is needed to transfer $50,000.00 from Fund 325 Reserves into the Fund 325 Australian Pine Removal Program (cost center 172940) to finance the entire 2003 phase of this project, as well as $33,890.00 of contingency funding for a total amount of $165,500.00, Source of funding is ad valorem taxes, The project has been awarded a $50,000 Grant through the Cooperative Water Resource Projects Funding Program of the Big Cypress Basin/South Florida Water Management District (SFWMD). Upon final completion, $50,000 of the County's total project cost will be reimbursed by SFWMD and be returned to reserves. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this executive summary. RECOMMENDA nON: That the Board of County Commissioners: (1) Award Work Order No. DBA-Ff-03-01 to Aquagenix Inc., in the amount of $165,500,00, (2) Direct the Board Chairman to execute Work Order No. DBA-Ff-03-01 with Aquagenix Inc. (3) Approve the necessary budget amendment. ,-- AGENDA ITEM ~ No. 1'-8 MAR , 1 2.003 Pg. 2- Executive Summary 2003 Australian Pine Removal Project Page 3 of 3 SUBMITTEDBY:~ J1..,~ Gerald N, Kurtz, P,E" Engmeer Stormwater Management Section REVIEWED BY: -;fuk- ~ Date: 2- 27- O.s Date: Robert C, Wiley .E., Principal Project Manager Stormwater Management Section .2'27-~3 REVIEWED BY: ;;;f~ ~ ~ Michael A, Ete~aki, P.E. J - ~ Road Maintenance Director APPROVED BY: ,2iJI!,1--'.ll ,. &t;f' Stephen Y. C~en, Director Purch, 1 g/General Services / il Date: 2- 2d'.-(),3 Date: ?-. 7- 1 - 02 APPROVED BY: Date: No an Feder, A.C.I,P" Administrator Tra sportation Services Division ..-. Attachments: Work Order Budget Amendment Aquagenix Inc. quote - i4' AGENDA ITEMe>, No.~-, 1.3 (]" MAR 1 1 2003 Pg. .3 p.l ~~:J. ~ A q tI ;-, q n It I X ....".II.~v You' li....ld A...l~ j _ / FAX caVER SHEET DATE: ;;//~/() 3 PGfii;. INCLUDING CDVER SHEET: CJ TO. prt kV,.+~ F"AX#1 ....OM. ~I:.. iJl~~f F"AX #, &1\ ~ 407 -.soC)- Gt5)1 /J MESSAGE' ,:;):SS {/~ ;Lq ?: 'r1<; - ~~, '-_..'-~_........ AGENDA iTEM~ No. /~8 . 12731 YetIO Par1Mlly. FOlt Myers. Fl. 33812 (Z39t .5SJ-M20 - F_ (ZJDI581-2M3 ~.....-..,yd.__~ ... MAR \ 1 2003 Pg._- ~ .......i p.3 COUJER COUNTY eoARD()FCOtlNTY~ 2D03 AUSTRAlIAN PINE ~EE REMOVAL PROJECT ~ OOL'NT'!" PRO.JECT I<<Jt.I8EA 5'50' BId Schedule I Guc* AIMUIIl WettE location/Ad.... AppnudIMte No, 01 T.....mucnpaon 8iI8 HII. ... ... :-:ODIdM' 0Ma cay . 8'" c.w . "-.....- , :~; '" ",=". .. 21 EClO1 32n:j /werw#fI SW. 3&118 " NI ana f5 .3' Ngh ,.,. .... $ 7200.00 -:Oofden o.t. cay . SapphIre ~a . - - .. 12 ti03tJ 31. "venuw e w.. 341 1$ 4"" $ 1400.00 23 3090 &lIh....n11 S.W,. 34H6 2M $ 750.00 _ Golden Oate Clr - SunfloW<< cenaI -,' - - ...-...... . 2A 29Ii3 54th lis". S. VI.. 34' '6 lAP $ 325.00 2S ~55fh rtltfaceSW.. 341US 8AP,tsBP $ 4200.00 B:7fden OeM CRy ~ .sana. Bartwa CaNI . .~::... . .~-~... ... 2! 2T28 S41t. SWel S.W . 341 18 , AF $ 325.00 :u 281S SoU!'! e..... s.w, 3411& eN' S 2100.00 3! 2560 541h S~'Mt s.w~ ~t18 \ AP S 325.00 211 5413 26!h PIKe S.W., 34' 18 SAP S 1750.00 30 5501 25th F~. S.W . 34116 3AP $ 1125.00 ~ Otte OIly " Q...v._~ c.nat ~ 248S Mlh T_".08 s..W.,:!4' 16 14 AS>. 2 BP. are other ellOtJos $ 5760.00 32 249754th rerm::. S.W., 34' 16 15 AP $ 5250.00 33 2323 e".h T8ml~ S,W.. ."WItS 'SAP,' BP $ 7000.00 ,.. 29311 !4'h T _c. S W. 54"6. 36 AS> (25 small). l 3P S 7950.00 31!1 23047 !4rh Teneee S.W., J4t 16 'I AP $ 3850.00 defdIIn ~ CIlY - HuIIa.r CaMI . \830 5'. ~ S.W.. 3A118 25 AP .. 1J'ft'l-1. $ 10,750.00 Wee, un 4 ~ If... on NW CQI1lIr d LlIb1 Nnt. ~ ~ t, TAId A(lataaO.E.. TtMt 75 UeI&uoI. W 10 BP nwd 10 Naples $10,500.00 Fa".. Cenlw.... .. srofUtNATER WNAOBEHT samorf ~TA.T1ON ENOUEEPJNll.40c:aem~"Uf1ON~ CO"Af1t'UE"ff T~SPORTAT1ON OIV'.9lON. COL.UER COUMY 00VEAWe<< ~24' t.~ AGENDA lTE1't+l I NO.---Ll... /.l 0 MAR 1 1 2003 Pg. S p.2 COI...UER CCXJN'!Y BOARD a;; COlP\'TY COtAtIs&ra\ERS 2003 AUSTRALIAN PINE TREE REMOVAL PROJECT COWlifH.."'OlJto(n' FftOJE-GT N'JMeEA 5U!D1 Bid Schedule Woril locetIoIIIAdcInsa AppoUMte No. of TrMtIOMortptJon Quota Amount SIte No. p.,. sn. . .FONet l.aIcM' ..~-~..;..~- ...,- . ,-... . .. '--:;~-.:.._ '~;~ i... . ~_. ~ . ."., 38 1721 CelMlliIllano, 3-4105 4 AP and &+I- SPa 5 3100.00 - . 171 S ea.m.Ia t.ane. ,.:05 2~N' $ 1000.00 Four SeMorut - .. . -to 97Z) Wft..-Mw Or.. 34109 Ie Lal'1J4t and 3 .".. AP S 4000.00 ~! 91582 WinIenMw Ill. 3.flC9 21 La.rge AP $ 8400.00 ! - ....- .....: -- - -' . . ." -- TOTAL QUOTE AMOUNT - ALL SITES ~ " Sl~ ~O No&.: AP . AuuraIia.'1 Pine T,... BP .. BnWl:an p~ Tree. smail", llUM dialnel8f Il ~ hefght Ie ....... &ooroximately 5 1IlCt1e& (I" less, 131) "0 6TOR~W~"n:R ~SECTION mANSiPORTA.noH3<<JL~ ~ CO\ISTAl..!r.TOH~ DEJINIlYENT TRANSPORT AlJON avlSJON. COlUER OO~ l'l::WERNt.E:f\IT .P93a1 a la"f.'2D02 AGENDA lTE~ No.~ tJ I;) MAR , 1 2003 Pg. I:, p.5 r~b 14 03 11:40a ~CJuac.nix WPB 5&18811293 p.l Aus.raJian Pine Removal Pro,oct - December 30. 2002 Pale iO of 10 PROPOSAL CONTINUED The S8Nice 10 be fumished by us is hereby dedared and guaranteed 10 be .In conformance wittl1he ~tions of the County. The Uf'ldeIsigned do agree that should this Proposal be accepted. to execute the form of contract and present the same to lhe County PLIChasing Director for approval within fifteen (15) days after being notified of the awarding of the Contract. The undersigned do further agree that faifure to execu\8 and deliver said fonns at contract within fifteen (15) days will result in damages to the County, IN WITNESS WHEREOF. WE haw hereuntq...Swbscribed our names on thi3 H day of ~ 2001 in the Cotny of .. t'-\_ ~J... in the S1ate of -rt:J~ . ~~q,,~ ~ro4L J: ~ Firm's Compjela LeoaJ Name Check one of the foliowing: Sole Proprietorship Corporation or P.A. Umited Partnership Gene!'S.1 Partnership Phone No. 5~, -'&1. - 12' ( c-; \ _ ~~l \2'l3 FAX No, ~ J37t.{ Al ~:I1.c- 'Ci,.-tl5..rtc.d Address Lc. (. ~tl (f 33'103 City. State, ZIP NOTE: If you choose to-quote this profect;.... eubmit an. ORIGINAL and ONE COPV of VOW' t)I'OOO&8l pegeL AGENDA ITEM 0- No. 1,6 0 MAR 1 1 2003 Pg. 7 ACORP. CERnACA TE OF uABIUTY INSURANCE "";:;;;;;'" ........ 111M itI!.tNUEDM......tT!IlGF~l.. _c or... :-;:o.=~~~~..=.. rhe 0.- ~ ~ Af1'glIl tR ~PGl- 11"enft ~ w_ - ,.A .M_ I _..sJ1!f!f' -1!D31tt&'1""J:.q~~ c_ \InlIdII"'" AN ~c....-r I ". i ao;-. AIcb SpICtIIIlf IM"-~ I ~ ....._ vbA .aC . ~ r--;- ".. TO c.wwv"Mll' lIIIi fIO{lCISOF ..,,- LSJBIIQCIlII-- .cllll1llU910'Rl( iiiiil..o aIICII4 ._".~,... ~1lD~---"'" ~.""'OIl~OII"'COIII--=,_OIII8~"""~ lOtIHCII1MlI CPllfO~ ~YIlEISMIOll""''''''''. 'nliIi...-c ~O.,.1tEllOllClE' woo'l -1€1181- ..-cttO-"~ ~ .. _ ~ 0# ILDI~' L-'" SIOIlJI!'! IlAY JlMIt IHII~ IIY ,,,,.g,!IIIIS- ---- ...\ __--- ' __...... i~....:.... J""",,,"__I ...... .... ~,I ~~ ............. fE~-"" rJl'--Aliztt ....,..". tt".a ,,; ,. I .:~....~ L.-.JYJ I ~ ' I ~_..a \x.!~ I r . . I t-1_....Q'_R_~- \ I H---- , . , A ~:.....:.- [~.o4l--41S H:..~.m~ tj~N"'S . -.....-- H--- ~ ..-.___.....~.-.&lH.----- -------. -----.-&.-...- ...JI----~..----.---..-- -'--- -' -_.............,..,.-'" 01_ ~I"! ~ - ~ f4PIb 14 03 11: "U. .quae.nix IoIPB ~ u.-#o ~ IlK nse~- ......,. .-...-..- .-.-..-.. --- ~..-.._. T..a..~JI- ",,2\0 ...... Y ...... SIIiIlt 1 JaCII.-.lIIa. R. :a:aa ,S3IoI'PS'I' I I I -=-i I","IU I I I ( \ \ it"'" ~ ......... ~ 111ft ~..'1.l }4- ---- 1111102 I , I i , I I , 111- ! 118\100 ;___..~- I ,. \......_ ~_'" ",*'.'D. --~ ,lIoi:~oC '~- llQ C i...... c_'" ~ . \ ~ +- t 1"," 11/UIIZ - _,~ vr"""" c@{p>y ~.....~.WIM p.6 56188112S3 p.5 DIAN8I'~ Q;IL' --- = t--~~ ~,;~ -4' I~~ . :---.- -i-- r- · .......~~,.c..""c- h -.......- -,-- t...c.~~,....." . ~ -~r- . .c; ::-.0:(: ....i:i ~ 1 '''~ It I\IQI \ AGEND.AMM 0- No. ,,[3 Q MAR 1 1 2003 Pg._ _ S p.? F.b .4 03 Jl:..2. a-.uac.nix WPB 5518811293 p.6 AusnJian Pine Removal PJo;ec.1 . n..-.IwY 3G. 200Z 'Pap 9 of to CONTRACT PROpOSAL FROM: U.4 ~#O.\L<.:I:-t. DUE: Aida, FebruarY 14, 2003 . 4:00 p.lI\. Board of County commissioners C/O Stormwater Section. TeeM Department Suite 212. 2685 South HoJseshoe Drive NapJes. Rorida 34104 RE: "2003 Australian Pine Removal project- DenT Commissioners: The undersigl1ed, as vendor, hereby declares that he has examined the specifications and intormed himself fuRy in f898'd 10 all conditionS pertaining to the work \0 be dOne for furnishing alll8bor and equipment to perform complete exotic vegetation removal per the attached specificationS, The vendor further deciareS that the only persons. company or parties intefSsted in tl'1is Proposal or the ContraCt to be entered into as prindpats are narT'.ed herein; that this Propus~ is made without connection with any other person, company or companies submitting a proposal: and it is al t'G6p8CtS fair and in good failH. ~cottusS~or fraud; The vondor proposes and agrees. if this proposal .s accepted, to contract with the County furnish work in tuft, in complete accordance with -the attad'led specifications, according tothe1c11awing unit prices: See Attacneu-Btd SctmW~ Any discoun's or terms must be shown on the Proposal Form, Such discounts, if any. will be considered and computed in the tabulation of ltle bidS. In nD ins1anC8 should terms for less than 15.days payment be offered. Prompt Payment T-erms: --L- % J2....- Days~ Net 30. . Days Addenda received (if applica8fe): ~,_ '2_ '3_ - i Proposah:ontin'Jed on next page:,., ,- AGENDA !TEt-.,Q No. /~ 4 C)' MAR , 1 2003 Pg._ 9 : i ! ' I ; lHSURI'NCI T;'tPE I ! ..x 1. ..,+, C~ ~.b 14 03 0~;3Jp , F.eb 11 03 11: 12r --X- ..L p.9 a..ua~~ni)( \alPS 5618811293 p." a..u"C.n1'" Wf'1t S81MU283 p.2 ~ Phi ~ PfOIeCl . opt --30. z.OOl .... 7 ..to ColI" CountY f1ori4a IftSUI'II- ~ REQJ~~ - SI8Ju'OIY Umita ot f10rida St&tIJI8S ChaPW 4.tO ~ aI ~ ~ ~utory liftIU and ~. ~ \ 2. eominefc:ia' GenP lJabllIlY ~Fonn) ~ after" 1-.s 1.5.0. . toftI\~ ~O _:.o"V _~~,.___-a.. s!Jl('D.OOO SingleUNt ~~. M a; ()OOI lOQ' 0Td \IO{IO'lS ,.. PIK ()CCUl18I'lC8 j ~..e.~~~ Ohl~ VlfU6~r ~W 3. I ilQn: lM ConuadodVendOt. in c:;onStdlf&1lOl' of Ten QoIanI (ftO.~). the r.ceiPl and ~"Y of wtUc:h is ~ mcough the signing oI::"to __ ......... - ond - cQIo;or CountY """lis...... af\d \~.-s from aD suitS and ~. indud!r1g _mer. lees ana aI ~ oIlifigatiOn and judgf'I*'It5 of MY qarno ...:s ~.~ ~ out 01 011 ~ 10 the ~ of ~ c:ontrad or wor~ partormed tfleteunder' 1JV.s ~ shall alSO ~ \0 wrt claimS ~ ~ N CourCY by ah ~ of N named CQOttBCtOCNendOr. arr; $ub-4.~. Of 1IIIIJOffII ~ or ~ ~ bv at't/ of memo ' llte Col\tl~fJ('IJot. obio8uon under this provision sh8u n~ be limited.1tl 8If'/ way bV thlt agt8ed ~ canaracl price as shOWn In thts ConlJaCt or \tlilt conu.ctocNendor" ttmiI ~. 0' I.ck ot.1uffcient insUrencu~' TM find Ten aouar.s ($10J)0) ~ ~ received on the eontnCJ& pnce is conslOef'e(f as pIIyrnent at N ~ 01" CQun\Y, I i ..~ . lnClUded ; I 5. ~ insurance as i,ndit'atMl beloW: nI. I ~ , $. ~ shaI tnsure tha\" ~ ~ wiCh the san1lt inSUf8IICe ~ that M CS ~ ia meet. The ~ 'IOUlM-.IOf staal prOVId8 ~,~ wid\ C8f\iQca'" d insurance~' the'equired jnsUraDCe 1P"()~~h;1S, . . ; ; , ~ tfW,"V J. PFnD8ftY O~ $SOO.ooo EIICfl occurnlf108 -A- J. AGENDAt.!Tt~ NO.-----L B ... .A_ ~.~ ~~.,. """.. .r ...,: ........ . ....--.- MAR 1 1 2003 Pg. /0 p.9 feb 14 03 U2~30p a~u.cenix WPB 5618811293 p.3 F.b J. 03 1,:13. _1wac_niJC WP8 661..11%!l3 p.l -L . I I i ~ 1 ~ "T-~~PrqeCt _~3It.2IllIJl hFlOUO i i I II CoHierc.unlYAnIda~~ f (~) ! i I 7. ~ CountY must be IllId18CI as .. ADDI110IfIAL iMSURED" OIl Ih8 'rwr;mcu CemIUde tor CQrnI'Mfdal Genefi1l U~ l~'. i I 8. eo..er CauIWY BoenS <II CountY ~ sbaI be named as the tt""'.-. NOTE: Tho "Ceo1'ficalO -" SIlouId - as- I ! Colier countY eoard of ~ cgnvnissioner.S I : 3301 East Tamiami Trail I I Naples, R. 34112 ; I .... ' ___.:-1 9_ ~ (30) ~ c-Il[.,,.... DR NotiCa is~- Ii' to. Th8 CettifQllt must refer so contract lt1l&, . ; ..L .-.x.. -K. - I ! 8100ER'SH 1NS\.JAANCE AGENT STATEMENT:. We ~ the insur8ftCe ~~ CQOtained in theSe ,,*,oowit!l\s. and \hat the ~ q, $aid inSUrance may be required w;min tiYel (5) buSIn85S dayS 01 the ~of~. t . ~ A,lh;: -rr-e. ~m~J\\.j ~l . 1n1U"nco AGOnev. l~. ~ ~ at ~ '\ Signa1Uf8 of ~r'$.-gent ~ i ; . \ .L;\ ; I: 0 t L.., :1"-, /c; Av4.Jt." ~- I , I I I AGENDA ITE~ No. It, ~ MAR 1 1 Z003 Pg. II ...... ...-..- ,..,............ .....-...- .... .A~ .r~ .~... ~~~? ~..~~. EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID No. 03-3459 - "PURCHASE OF ONE (1) TRAILER MOUNTED TOWABLE AERIAL LIFT" TO NATIONS RENT IN THE AMOUNT OF $30,495.00. OBJECTIVE: To have the Board approve award of Bid # 03-3459 - purchase of one (1) trailer mounted towable aerial lift to Nations Rent in the amount of $30,495,00 CONSIDERATIONS: On January 3, 2003, fifty-two post cards were sent to vendors advising of the above bid. On January 23, 2003, five bid packages were opened with Nations Rent submitting the lowest bid of $30,495.00 for the trailer mounted towable aerial lift (Genie Industries TMZ -50/30), as specified. Staffhas confirmed with Genie Industries that all Dealers must have the ability to perform warranty service for equipment they sell and are also required by Genie Industries to support the support the unit as part of their obligation as Genie Dealers, Upon review of the bids submitted and Genie Industries correspondence, Staff recommends that Bid No. 03-3459 be awarded to Nations Rent, Inc., as the lowest, qualified, and responsive bidder based on the total bid. See the attached Bid Tab attached. .- \'1\~FISCAL IMPACT: Funds in the amount of $30,495,00 are available in the MSTD General \~ Fund under Landscape Operations. Source of Funds are Ad Valorem Taxes. GROWTH MANAGEMENT IMP ACT: There is no growth management impact. RECOMMENDATION: That the Board award Bid No. 03-3459 to Nations Rent, Inc., for the purchase of the Genie Trailer Mounted Towable Aerial Lift, SUBMITTED BY: rJrP 41,,)(,('( Val Prince, Project Manager DATE: c7j,/C("tio') / REVIEWED BY: Dian DATE:~3 APPROVED BY: No , eder, AICP, Transportation Administrator , ~ L, fA DATE:~3 " PE, Road Maintenance Director ~ DATE: ive Transportation Modes Director DATE:* Ap~N~A P':fM No.~ MAR 1 \ 21103 REVIEWED .- pg.~- Nit) It) .. -..~ ~ > j)- <n5 CIl Q) "00: '- CIl CU Q) '-'1:71 - CU :giS 0.. CU 0.. Q) tJ Ce"') .;::0 o..ro1, -:(ijCjl .- o Q:i .. 1:71 oS CU CU cO CU 1:71 :E .5 UC;; CD 0 '0' 0.. 0: '- .9l 'Cij e"') ~S2 ..-e"') ::'C:! Q)- _. c 0 0.. -oS .0 CU ~Q)O ,CIlCl e"')cuc 01;- -= '- c "O~8. iiiP-O 4= ::J 1ii .;:: Q) <( Q) :is CU ~ I- "0 Q) C ~ o :E ]! I , , I I i I i I~ I , 101 , I I I I I I , I c: 10 I I I II~ Q)I I i"": I 0: I 18 :l$:z;zllD I I I - I I I ii) I~ I I I i I i~1 I I .c I I c I I (,It I ~ I i (/') I ! I ! I I I I I II I~ , I 1ii I I I I '8 c Is; ! Q) i : 0: ,~iz'zlcu (/') ". ! IZ' i Ii - I w e"') , z (,It I , I I ~. I , I 8 ~ I u. 0) I ,,; ICO 1"'- , ... I ~ , IN'Z.Z Q) e"') i I N i I i:E e"') I I I I I I I (,It i I 1~1 I I I i I ! I I I I , I I II~ I I I I I I 1ii C 0 0 I Q) ,...: i 0: lit) ! 'O>l>l~ "0 IN I Ie"')' , !.9l oS i 1-- , . 1 .2 Ie"') I ! I I I i~1 :::l I I (,It i I I I I I , I I I I i I I ! I~I I I I I I I I I I c I~I I Q) I I I 0: lit) I I . , i CIl I Cl) I I ! '-,>-'z' CIl c ''It' N' ! ,Q) .2 iOI I I I Ie. I iii Ie"') ! ' I CU z I I (,It I IZ I I I I I ! I I I i I ."0 I I :"0;= I , , , , I~ 1="-1'- I I I I I :._ICD,-J I I I :-JiQ)lc I i1ii I CIlI 0 ICU ,._ICU CIl ICD : (j;iCDI'- I 11ii 1<(;1ii is I I ,0 1.9l10':I: i I~ i:~IO :l:1 '- := 'c 101.;::,.8 i::Jlo.. 1-10..: E ,~ i1ii'= 1''''''_1 ~ ICIl"- ~ .;:: e srS:Z _I~ I~:::l -I: I 1Ui' IQ) 51 I I I: ~ ~ !:is i CIl 10('00 '- ~ I~ ~ I-I~ 0 I~ii ~ " 'J::. II- I~ c ~ I~~~g - ~ ..: I z I~ cul/)"08 .~ ~? Is oe-8-J 'l ) 1'-'.2 ::l] IQ) I~ cul- 13 1.8 .e i] ,.g .E al , 1'2 Ij '~I~" G I CU 0 E !~ u '= al '"O:.c iel(/') cuz IS':! I iii) i~ 1'-fCll EI~ 10 Q)I'\.. 01= ~I Q) el"O lsji I EIl!!j'C"13 ,::l 101 c /i='::l -I al ~~ i:gj IV ~tll~U. I'CI~ 11llJ::. !11! ~ fil~ ,. I/) U:- Ei.!! != clt:,~ -Q) I-IE !!Ig C,C Q)I- IGt'::l IQ) al IV Q) ~~ lolu. '<iU. o::E,~ (/') Aq~~9t~M NO.~ MAR 1 1 2003 Pg, ~ ... .... o Q) 1:71 ell 0.. .....-' EXECUTIVE SUMMARY APPROVE CHANGE ORDER 1 TO WORK ORDER UC-004 FOR THE RELOCATION OF WATER AND SEWER MAINS RELATED TO THE FLORIDA DEPARTMENT OF TRANSPORTATION'S WIDENING OF U. S. 41 FROM BAREFOOT WILLIAMS ROAD TO EAST OF SR 951, IN THE AMOUNT OF $34,120. OBJECTIVE: To minimize disruptions to water and sewer service associated with the timely construction of this important road improvement project. CONSIDERATIONS: The Florida Department of Transportation (FOOT) is widening U.S. 41 from Barefoot Williams Road to east of SR 951. On December 17, 2002 (Agenda Item 16-C-5), the Board approved a construction work order to Mitchell and Stark Construction Company, Inc. for the relocation of Collier County's underground water and wastewater facilities along SR 951 to accommodate the road-widening project. This work was included in the 2001 Water and Wastewater Master Plans adopted by the Board on December 11, 2001, Agenda Items SA and SB. Funds are included in the 2003 budget adopted by the Board on September IS, 2002 (Agenda Item 2). ._ Various valves and air release valves on County water and wastewater facilities have been found to require adjustment to match the new grade of the road and medians, Staff has negotiated a change order to the construction work order with Mitchell and Stark to make these adjustments. FISCAL IMPACT: Funds totaling $34,120 are needed for this change order, A budget amendment is needed to transfer funds in the amount of $16,270 from Project 70071, CCDOT Water Relocates to Project 70045, FOOT Joint Projects (Water), The source of funds is user fees, Funds in the amount of $17,850 are budgeted and available in Project 73045, FOOT Joint Projects (Wastewater), The source of funds is user fees. GROWTH MANAGEMENT IMPACT: This project involves the relocation of existing utility facilities and will have no impact on growth management. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water Sewer District, approve, and authorize the Public Utilities Engineering Director to execute Change Order 1 to Work Order UC-004 in the amount of $34,120,00 to Mitchell and Stark Construction Company, Inc, and approve the necessary Budget Amendment. .- SUBMITTED BY: ~/1AJ-I tt: 9;1&ki Ronald F, Dillard, P.E" Senior Project Manager Public Utilities Engineering Department DATE: -:J..... '7() - () '3 A<;'NOA ITEM \ NO. l'.,~ MAR 1 1 2003 PG. I Executive Summary Approve Change Order 1 Page 2 REVIEWED BY: DATE: Zlt:.! J ()::s William . Mullin, PE, Principal Project Manager Public Utilities Engineering Department REVIEWED BY: Jf'~A ~ ~erson, P.E., Director Public Utilities Engineering Department DATE: "/2-'-1/0;1. , REVIEWED BY: (jbi1~~vC f . Paul E. Mattausch, Water DIrector DATE: "zh, /6 REVIEWED BY: DATE: d- 2 ~? ph B. Cheatham, Wastewater Director APPROVED BY: uJ& DATE:~~d~ IC Utilities Administrator RFD:rld REVIEWED BY: ~o,Gd#; 02./~'f( 03 Stephen Y. Carnell, Purchasing Director Date - AGEH9A ITEM L NO. IlD e. . MAR 1 1 2003 PG. ~ --- CHANGE ORDER TO: Mitchell & Stark Const. Co., Inc. 6001 Shirley Street Naples, Florida 34109 FROM: Collier County Government 3301 East Tamiami Trail, Bldg. H Naples, Florida 34112 Project Name: SR 90 (US 41) from Barefoot Williams Road to East of SRlCR 951, Water & Wastewater Facilities Relocations. Work Order Dated: December 17, 2002 Change Order No.: 1 Work Order No.: UC-004 Date: February 13, 2003 Change Order Description: Adjust water and sewer valves and air release valves (ARV) to match new road and median grades as follows. Water Valves: 11 each at $770.00 = $8,470.00 Water ARV's: 6 each at $1,300.00 = $7,800.00 Water Subtotal: $16,270.00 Sewer Valves: 5 each at $770.00 = $3,850.00 Sewer ARV's: 5 each at $2,800.00 = $14,000.00 Sewer Subtotal: $17,850.00 TOTAL: $34,120.00 Original agreement amount .. ...... ................... ............................. .... ...$308,533.00 Sum of previous change orders amount ............................................$ 0.00 This Change Order Amounl...............................................................$ 34,120.00 Revised Agreement Amoltllt ... ..... ....... ................... ...... ...... .......... ..... ..$342,653.00 Original contract time in calendar days ..............................................75 Adjusted number of calendar days due to previous change orders .......0 This change order adjusted time is ........................................................0 Revised Contract Time in calendar days .............................................75 Original Notice to Proceed date ............................................................1-23-03 Completion date based on original contract time.........................4-8-02 Revised completion date ..............................................................4-8-02 Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to this Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: ~ g:; cp:,J.LUAL.. Ronald F. Dillard, P.E., Senior Project Manager Public Utilities Engineering Department Accepted by: /<~- Brian R. Penner, Vice President Mitchell & Stark Construction Company, Inc. Date: :2 - I? - 0 ? Date: .;2.. - '3 )0 3 Approved by: Roy B. Anderson, P.E., Director Public Utilities Engineering Department Authorized bY:@~~ PAul E Mattausch, Wat rDirec or Date: Date:..I~~~ Date: 'd -13. oJ Authorized by: ' Jo Fund: 412 Cost Center: 273512 Object Code: 763100 Project No.: 70045 ($16,270.00) Fund: 414 Cost Center: 263614 Object Code: 763100 Project No.: 73045 ($17,850.0C)) NO. AGr./!/ t!T(M L MAR 1 1 2003 PG, CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Water & Sewer Relocations fro widening US 41 from Barefoot Williams Road to East of SR 951 PROJECT #: 70045 & 73045 BIDIRFP #: Work Order UC-004 MODIFICATION #: 1 NAME OF FIRM: Mitchell & Stark Construction Company. Inc. CONTRACT AMOUNT: ORIGINAL $ 308.533.00 CURRENT COMPLETION DATE(S): CURRENT $ 308.533.00 ORIGINAL: 4-8-02 CURRENT: 4-8-02 SUMMARY OF PROPOSED CHANGE(S): Adiust water and sewer valves and air release valves to match new road arade. JUSTIFICATION FOR CHANGE(S): To prevent valves from beina covered bv road construction, PARTIES CONTACTED REGARDING THE CHANGE: Contractor, Water Director, Wastewater Director. and Utilities Enaineerina Director, IMPLEMENTATION STEPS (Check each before proceeding with change) _X_ Proposed change is consistent with the scope of the existing agreement _X_ Change is being implemented in a manner consistent with the existing agreement _X_ The appropriate parties have been consulted regarding the change PROJECT MANAGER RECOMMENDATION: APPROVE: ~...J ~ q:-,cpf&U/ Date: 3-3-03 DISAPPROVE: COMMENTS: Date: 11/07/02 - -"..-_:'~- , L' c...- \ MAR 11 28:3- .~ ~.. ~-.'-~~- ~~.- Mitchell & Stark CoutnactloD Co., lac. 6001 Shirley Street Naples, FL 34109 pia. 941-597-216S fax 941-S66-7865 FACSIMILE ~: co~co~ Attn: MR., RON DILLARD P,E, Fax: 732-2526 From: BRIAN pENNER Date: 2/11/03 Pages: 1, including this cover page. Re: VALVE ADJUSTMENTS US 41 The faUowing are our prices to adjust valves per Collier County takeoff: WATER VALVES 11 EACH AT S770.00= S8470.00 SEWER V ALVES 5 EACH AT 5770,00 = 53850.00 WATERARV 6 EACHATS1300,OO=Si1100.00 SEWER ARV 5 EACH AT $2800.00 = $14000.00 7f?(JO/CJt'/ ;5'~ TOTAL $38020.00 3 Jf-) I ;10 I 00 ~ The prices do not include bondJsurvey,pennits, restoration, and traffic control. AGtI}qA ITEM \ NO. III c!. _ MAR 1 1 2003 __--i;..~ ;.~~~ J~ HI ':lC\I:1~ ___.., -'-'3H::>.Ul'l PG. '-"1JP'.;4"';J!1'9"~~':;' . . '., '_' """"o.-...:&~_""", ~ :..r..'. L~ Pl:l~. eeel/ll/se "'" EXECUTIVE SUMMARY ACCEPT A TEMPORARY CONSTRUCTION EASEMENT FROM WINTERPARK RECREATION ASSOCIATION, INC., AND NAPLES WINTERPARK III, INC., FOR CONSTRUCTION OF A 12"INCH SEWER FORCE MAIN FOR THE PALM DRIVElDA VIS BOULEVARD FORCE MAIN PROJECT (PROJECT 73158) AT A COST NOT TO EXCEED $50.00. OBJECTIVE: That the Board of County Commissioners, acting as the ex-officio governing board of the County Water-Sewer District, accept a Temporary Construction Easement from Winterpark Recreation Association, Inc" and Naples Winterpark III, Inc., for use in connection with the construction of a 12-inch force main. CONSIDERATIONS: On December 11,2001, the Board adopted the 2001 Wastewater Master Plan Update (Agenda Item 8.A.). Project No. WW18 (now assigned 73158) identified the need to construct a new force main connection along Palm Drive between Master Pump Station (MPS) 3.05 and MPS 3.09 to handle higher sewer flows from growth and to eliminate the resulting sewer backup and overflow problems at the pumping stations during wet weather. Because of these problems, construction for this project is to be completed by June 30, 2003, in accordance with the State of Florida Department of Environmental Protection (FDEP) Consent Order, OGC File No. 01-0552-11-DW, paragraph 13c, which is currently being negotiated with FDEP. In .,-- addition, a segment of the existing 12-inch sewer force main that was found to be inoperable will be replaced. This 12-inch segment of pipe is located within a 35 foot-wide Utility Easement along Winterpark Boulevard (a private drive for the Winterpark Condominiums) south of Davis Boulevard and within property owned by Winterpark Recreation Association, Inc., and Naples Winterpark III, Inc, A 20-foot-wide Temporary Construction Easement west of and adjacent to the utility easement is required during the construction phase of this project. Staff anticipates acquiring this Easement by donation from Winterpark Recreation Association, Inc., and Naples Winterpark III, Inc. FISCAL IMPACT: Recording costs will not exceed $50.00. Funds are available in the Sewer Impact Fee Fund (413), Upsize Lakewood PM to 16" Project. GROWTH MANAGEMENT IMPACT: This project is needed as identified in the 2001 Wastewater Master Plan Update adopted by the Board on December 11, 2001, as Agenda Item 8.A. RECOMMENDATION: Staff is recommending that the Board of County Commissioners , acting as the ex-officio governing board of the County Water-Sewer District of Collier County, Florida: /- AGENOA ITEM "'l NO. J It; C-,- (Z- MAR 1 1 2003 PG. I EXECUTIVE SUMMARY Accept Temporary Construction Easement Page 2 1. Accept the Temporary Construction Easement once it has been received and approved by the County Attorney's Office and the Public Utilities Engineering Department; and 2. Authorize staff to record the Temporary Construction Easement in the Public Records of Collier County, Florida. PREPAREDBy:l ~/ DATE: J9iDM:-Smith, Property Acquisition Specialist Property Acquisition & Construction Management Wacilities Management Department cJ;;4/~ L ............. REVIEWEDB~l ~ < ~ Toni :A. Mot(, Supervisor Property Acquisition & Construction Management Facilities Management Department DA TE: '2-1 '(f)?:, , REVIEWED BY: \, ~-l 'b - O'~ Charles E. Carrington, Jr., S A, Man ger Property Acquisition & Construction Management Facilities Management Depart nt DATE: -.? -/t?-b?3 REVIEWED BY: ~ t1Z-r DA TE: 2-j; 3/ () ] / I ,- Mohan V. Thampi, P.E., Project Manager Public Utilities Engineering Department AGtHOA ITEM ,--:J NO. l(p fFJ b- MAR 1 1 2003 PG. ~ EXECUTIVE SUMMARY Accept Temporary Construction Easement Page 3 0~: REVIEWED BY: Roy nderson, P.E., Director Pub ic Utilities Engineering Department APPROVED BY: dministrator ~- ---- DA TE: 1--/;r /~> I I DATE: ~k6C>3 NO. AG€Ii: ~E/II c?- MAR 1 1 2003 Pli. . ~ EXECUTIVE SUMMARY APPROVE A WORK ORDER FOR A RE"NOURISHMENT ENGINEERING REPORT AS PART OF COUNTY.WIDE SAND SEARCH, PROJECT 90527, IN THE AMOUNT OF $89,678 OBJECTIVE: To obtain Board of County Commissioners approva~ of a work order with Coastal Planning & Engineering for a re-nourishment engineering report as part of the offshore sand search in the amount of $89,678. CONSIDERATIONS: A Request for Proposal (RFP) 01-3271 was issued on July 25, 2001 for qualified firms capable of providing engineering services for coastal zone management projects, The scope of the RFP was "for the purpose of establishing a two (2) year contract with two (2), one-year renewal options with up to three (3) firms". On October 9, 2001, Agenda Item 16.C.2, the Board of County Commissioners (BCC) approved the short list of firms, from nine proposals, as follows: Humiston & Moore Engineers, Coastal Planning and Engineering (CPE) and Taylor Engineering. On May 14, 2002, Agenda Item 16.C.4, the BCC approved the County-Wide Sand Search project with a budget of $600,000. This budget was again approved on September 18, 2002 as part of the total County budget. On November 5, 2002, Agenda Item 16.C.20, the BCC approved an additional $635,000. On October 10, 2002, the Coastal Advisory Committee has unanimously recommended that the sand search be "fast-tracked" with a goal of accelerating the planned major re-nourishment of Vanderbilt, Park Shore and Naples beaches to the winter of 200312004. CPE has submitted a proposal in the amount of $89,678, for a hard-bottom investigation along the coastline between Gordon Pass and Wiggins Pass, While this proposal does not exceed the $90,000 limit of the fixed term contract, the cumulative value of all work orders related to the sand search and major re-nourishment is currently $184,508. Future phase work orders will also be taken to the BCC for approval. On February 21,2003, the Coastal Advisory Committee recommended the approval of this work order under this existing budget. FISCAL IMPACT: The funding for this work order is available from the remaining $919,203 of the project budget. The source of funds is the Tourist Tax, GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action, RECOMMENDATION: That the Board of County Commissioners approve a work order with ,_ Coastal Planning & Engineering for $89,678 for a cumulative total of $274,186 and authorize the Public Utilities Administrator to execute the work order. AG(NOA ITEM '2 NO. /I,~ ~ MAR 1 1 2003 PG, I SUBMfITED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: -, ~ Dare: ;;)r!3 Ron Hovell, P.E., Coastal Projects Manager /~6C.t~ Date: "'/Z;I )3 Roy ,Anderson, P.E" Public Utilities Engineering Duector a Date: 1..{ZS(D1 e eral Services Director Date: ~/E"8d) So tilities Administrator NO. "1l:eITE" ~ MAR 1 1 2003 PG. .;l WORK ORDER #CPE-FT-03-01 Agreement for Fixed Term Professional Engineering Services for Coastal Zone Management Projects Dated November 13, 2001 (Contract #01-3271) This Work Order is for Professional Engineering Services for Coastal Zone Management Projects for work known as Countv-wide Sand Search (99527) - Renourishment En~ineerinl? Report. The work is specified in the proposal dated January 7, 2003, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order #CPE-FT-03-01 is assigned to Coastal Planning & Engineering, Scope of Work: . a. Task I - Pre-Application Meeting b. Task II - Project History and Performance Summary c. Task III - Coastal Process and Beach Characteristics d. Task IV - Sediment Budget e. Task V - Sand Source Compatibility Analysis f, Task VI - Alternatives and Special Features g, Task VII - Permits Constraints and Analysis h. Task VIII - Preliminary Renourishment Plan 1. Task XI - Plan Presentation J, Task X - Finalize Plan Schedule of Work: Complete within 120 days of receipt of this Work Order. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum or time and material amount provided in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule" A" of the Agreement), Task I Task II Task III Task IV Task V Task VI Task VII Task VIII Task IX Task X TOTAL $ 4,717.00 $ 4,183.00 $ 22,930,00 $ 4,430.00 $ 16,549,00 $ 9,090,00 $ 4,550.00 $ 13,597.00 $ 5,633.00 $ 3.999,00 $ 89,678.00 NO. A~2:~TE6 MAR 1 1 2003 PG. .::j Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. PREPARED BY: , R. ;;; Hovell, ~Coastal Projects Manager REVIEWED BY: 1/4~ ~~ Ro~ B. Anderson, P .E., PUED Director c7~1f3 I Date 2-)1- 'I )03> Date AUTHORIZED BY: James W, DeLony, Public 'lities Administrator Date ACCEPTED BY: Thomas J. -Campbell. P .E.. President Type or Print Name and Title Jo7 (os I Date AGrMOA ITEM '2. NO. I Ii, ~ ,;;;z. MAR 1 1 2003 PG, EXECUTIVES~ARY APPROVE CHANGE ORDER 1 TO WORK ORDER 61 FOR CONSTRUCTION OF THE WESTERN INTERCONNECT FOR W ASTEW A TER COLLECTION SYSTEMS, IN THE AMOUNT OF $109,486. OBJECTIVE: To minimize disruptions to sewer service by providing means to reroute flows to optimize availability of existing wastewater treatment capacity, CONSIDERATIONS: On June 12, 2001 (Agenda Item 16-C-5) the Board approved funding, waived requirements for formal competition, waived the upper limit of $50,000 on individual work orders under Bid 00-3087 for Underground Utility Contractors, and authorized execution of the necessary agreements, work orders, and/or purchases related to the recommended sewer interconnects for peak season 2002. After receipt of bids from all underground contractors qualified under Bid 00-3087, Work Order 61 was issued to the low bidder, Mitchell and Stark Construction Company, Inc. on January 15, 2002, for construction of a major part of the Western Interconnect, between Naples Production Park and Grey Oaks. /....,0;...... Due to difficulty in obtaining easements, the alignment was changed after bidding. The alignment changes, as well as unforeseen conditions at existing pump station sites, resulted in 16 additional items of work being necessary. Staff has negotiated and recommends approval of a change order that includes all of these additional items. The amount of the change order is $109,486, Funds are included in the 2003 budget adopted by the Board on September 18, 2002 (Agenda Item 2). FISCAL IMPACT: Funds in the amount of $109,486 are budgeted and available in Project 73076, the North - South Sewer Interconnect. The source of funds is impact fees, GROWTH MANAGEMENT IMPACT: This project is included in the 2001 Wastewater Master Plan adopted by the Board on December 11, 2001, Agenda Item 8A, RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water Sewer District, approve, and authorize the Public Utilities Engineering Director to execute, Change Order 1 to Work Order 61 in the amount of $109,486 to Mitchell and Stark Construction Company, Inc, SUBMITTED BY: ~/~ -q:;~;')hJ Ronald F. Dillard, P,E., Senior Project Manager Public Utilities Engineering Department DATE: '2 - :;> I - C) '3 ,,- AG(~pA ITEM NO. ~ <!.. MAR 1 1 2003 PG. r I;:xecutive Summary Approve Change Order 1 Page 2 REVIEWED BY: ~~ WillIam . MullIn, PE, PnncIpal Project Manager Public Utilities Engineering Department ~IIU~ Roy . Anderson, P.E., DIrector Public Utilities Engineering Department DATE: t -"1.1-" ). REVIEWED BY: DATE: l-Z{-O 3. REVIEWED BY: 6 d~-tLw DATE: J-;) ~f.03 APPROVED BY: DAT~~t!).3 blic Utilities Administrator RFD:rfd REVIEWED BY: o -D- I} ~ <f' {;;/~~ 2/L'1/03 Stephen Y. Carnell, Purchasing Director Date MAR 1 1 2003 PG. e:< CHANGE ORDER TO: Mitchell & Stark Const. Co., Inc. 6001 Shirley Street Naples, Florida 34109 FROM: Collier County Government 3301 East Tamiami Trail, Bldg. H Naples, Florida 34112 Project Name: Western Interconnect for Wastewater Collection Systems Work Order Dated: January 15,2002 Work Order No,: 61 Change Order No,: 1 Date: February 7, 2003 Change Order Description: Sixteen additional items of work resulting from changes in alignment, or conditions that were not foreseen during design or bidding. 1. Extra cost of telemetry equipment over $45,000 allowance: $ 1,171.73 1. Furnish and install limit switches on 3-way plug valves: $ 7,200,00 3. Electrical changes (telemetry, limit switches, and pressure transducers): $17,500.00 4. Upsize valve vault piping at pump station 144.04: $19,982.98 5. New terminal cabinet at pump station 309.09: $ 573.50 6~ Extend electrical feeder to FPL service point at pump station North IC: $ 3,041.25 7. Add drain to valve vault at pump station 144,04: $ 904.94 8. Deflect existing 8" force main at pump station 309.09: $ 2,897.65 9. Extend and deflect new 12" force main: $ 4,173.86 10, Install force main across Progress Avenue and tap existing main: $23,968.95 11. Furnish, install & test 12" DR-18 force main along Golden Gate Parkway: $ 7,782.03 12, Modify valve vault at pump station North IC: $ 487.60 13. Open cut & restore Grey Oaks entrance: $ 5,146.17 14. Two additional 12" plug valves along Livingston Road @ $2,735.00 each: $ 5,470.00 15. Replace electric meter socket at pump station 309.09 $ 550.00 16. Install 12" gooseneck between meter and wet well: $ 8,635.43 TOTAL: $109,486.09 Original agreement amount ,... ........ ........ ..,..,.......... ..'".... ......... .." .... .$467,677,00 Sum of previous change orders amount .....................,........,..,...."....$ 0.00 This Change Order Amount ,..,..,..,.................. ....,..,....... .,..,. ..,".. ..,....$1 09,486.09 Revised Agreement Amount ....... ..... .......... ...,. .....,.... ..,..,. .......... .....,.. .$577,163.09 Original contract time in calendar days .........."............".....,..,..,..,...210 Adjusted number of calendar days due to previous change orders ..,....0 This change order adjusted time is ....,..........,...............,....,...............,..,0 Revised Contract Time in calendar days ,..,..........,.....,.......,..,...........210 Original Notice to Proceed date ............,..,..,..,.."...."..,....,........,......",..1-30-02 Completion date based on original contract time..,...,.........."..,..,8-28-02 Revised completion date......... ",.... ..." ......" ..,..,.,." ,..""...",.,...,.,,8- 28-02 AGE:NOA ITE" l{. NO. If, t' MAR 1 1 2003 PG. ~ =3 . Mitchell & Stark Change Order No.1 Page 2 Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance, The adjustment, if any, to this Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: ~ T 'jJ~ Ronald F. Dillard, P.E" Senior Project Manager Public Utilities Engineering Department Date: :2. --If - 0.3 Accepted by: ,/5~' - Date: 2.- II /03 Brian R. Penner, Vice President Mitchell & Stark Construction Company, Inc. Approved by: Date: Roy B. Anderson, P.E., Director Public Utilities Engineering Department Authorized by: ~ ~ (j ~01-- Jose~ham, Wastewater DIrector Date: ~-/j~03 (For Use by Owner: Fund: 413 Cost Center: 263613 Object Code: 763100 Project No.: 73076) AGENOA ITEflI I 1 NO. it, (7 ::L MAR 1 1 2003 PG. CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Western Interconnect for Wastewater Collection Systems PROJECT #: 73076 BIDIRFP #: Work Order 61 MODIFICATION #: 1 NAME OF FIRM: Mitchell & Stark Construction Comoanv, Inc. CONTRACT AMOUNT: ORIGINAL $ 467.677,00 CURRENT COMPLETION DATE(S): CURRENT $ 467.6n.00 ORIGINAL: 8-28-02 CURRENT: 8-28-02 SUMMARY OF PROPOSED CHANGE(S): Sixteen additional work items needed because of chanced alicnment and unforeseen conditions.. JUSTIFICATION FOR CHANGE(S): The alicnment was chanced due to difficultv in obtainina easements. Unforeseen condition were encountered at two existina oumo station sites. Both resulted in the need for several additional items of work that are listed on the chanae order. PARTIES CONTACTED REGARDING THE CHANGE: Contractor, Desian Professional. Wastewater Director, and Utilities Enaineerina Director. IMPLEMENTATION STEPS (Check each before proceeding with change) _X_ Proposed change is consistent with the scope of the existing agreement _X_ Change is being implemented in a manner consistent with the existing agreement _X_ The appropriate parties have been consulted regarding the change . PROJECT MANAGER RECOMMENDATION: APPROVE: K:....-li r;J:, 't7-$~ Date: . 3-3-03 DISAPPROVE: COMMENTS: Date: 11/07/02 "<;ENO" 1 TE"LJ NO. J /" l"--=t- MAR t 1 2003 PG, .D EXECUTIVE SUMMARY AFFIRM EXECUTION OF TIME EXTENSION TO GRANT AGREEMENT OF UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (USEPA) GRANT HS.8320501.1 FOR WATER SYSTEM VULNERABILITY ASSESSMENT AT COLLIER COUNTY WATER FACILITIES, PROJECT 70170 OBJECTIVE: To affirm the Public Utilities Administrator's acceptance of an extension to a USEP A grant project. This project is to assess the state of vulnerability of Collier County's water system to terrorist attacks and to enhance related security improvements and responsiveness to emergency situations, CONSIDERATIONS: Following September 11, 2001 the United States Environmental Protection Agency (USEPA) received a supplemental appropriation to improve the safety and security of the Nation's water supplies. Collier County recei ved a Vulnerability Assessment grant award dated June 27, 2002 for $114,966 from the USEPA. The grant agreement was executed by the Public Utilities Administrator on July 26, 2002 and mailed back by Federal Express to the USEP A prior to the July 31, 2002 deadline, The grant work was planned to be completed by December 31, 2002, The Board approved on September 10, 2002, as Agenda Item 16(G)(1), including the USEP A Grant Agreement executed by the Public Utilities Administrator. In December 2002, the USEP A indicated that they were offering three month time extensions for the vulnerability assessment study which would push the grant agreement deadline to March 31, 2003, Staff requested this time extension and received the amendment on February 21, 2003, but with a return acceptance date not later then February 28, 2003, To meet this acceptance deadline, the Public Utilities Administrator, upon advice from the County Attorney's Office, executed the time extension amendment. Staff is requesting the Board to affirm execution of this time extension amendment and also to authorize the Public Utilities Administrator or his designees to execute any related grant agreement documents required to complete the project but not to commit the County to monetary obligations, FISCAL IMPACT: Approval of this Executive Summary will have no Fiscal Impact. However, the County may be audited by the USEPA if the agreement amendments for the grant are not promptly received by USEPA, GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary _ will have no growth management impact. A~NOA n01-_ NO. 1ft:, e.. ~ MAR 1 1 2003 pc. I Executive Summary Approve and Reaffirm Amendment Agreement with USEP A for Vulnerability Assessment Grant Page 2 of 2 RECOMMENDA TIONS: Staff recommends that the Board of County Commissioners, as the Ex-Officio governing board of the Collier County Water- Sewer District, affirm the Public Utilities Administrator acceptance of the time extension amendment agreement for the USEPA Vulnerability Assessment, and authorize the Public Utilities Administrative or his designees to execute other required grant agreement documents to complete this grant project, but not to commit the County to financial obligations. / PREPARED BY: / -/'/- ~~r- DATE: Mohan V. Thampi, P,E., Senior Project Manager Public Utilities Engineering Department ~~/p f / REVIEWED BY: -U1\ h.,Q~~- DATE: ~ William D. Mullin, P.E., Principal Project Manager Public Utilities Engineering Department II 1) /' ': REVIEWED BY:/ C !/~C,-,,--~ Roy . Anderson, P.E., Director Pub ic Utilities Engineering Department DA TE: ~ . '-I -" >- (-;) ,. j, /:) REVIEWED BY: ' /.l.J,If..~~ Paul Mattausch, Water Director Public Utilities Div. n DATE: ~3,~h5 APPROVED ~~0tiJ . DATE: sm/J(03 James W. DeLony, P. ., Administrator ~iC Utilities DiviSIOn -- AGrOA ITEM_ NO. fA t!- ...J MAR 1 1 2003 PG. ,;t.. A~Osr"\1: -~ ~ - ~ \ \~ ~~ CUlUFQ t....u"! 'l'T"V . _1\" <..Irlll pueuc UTILITIES UNITED STATES ENVIRON~~~M~ . PROTECTION AGENCY ~ WASHINGTON, D.C. 20460 OFFICE OF ADMINlSTRA nON AND RESOURCES MANAGEMENT ) Dear EPA Grant Recipient: Federal funds have been approved for the project identified on the enclosed assistance agreement or assistance amendment. Please make a copy for your records and provide the appropriate copies within your organization, You must accept this assistance agreement or amendment by signing and returning it to EPA within three weeks to the following address: U.S, Environmental Protection Agency :< Grants Administration Division Grants Operations Branch (3903R) 1200 Pennsylvania Avenue, N,W. Washington, D,C, 20460 Please note that the above address is EPA's mailing address for normal delivery. If you want to send the agreemenUamendment via courier, the following address should be used: U.s. Environmental Protection Agency Ronald Reagan Building Grants Administration Division (3903R) Room 51288 (Mail Room) 1300 Pennsylvania Avenue, N.W. Washington, D.C. 20004 (202) 564-5305 If the assistance agreement or amendment includes any terms and conditions requiring signed certifications or assurances, you must return them with the agreement or amendmen.t. Payment will not be made until required certifications and assurances are received, This project is subject to post award monitoring activities such as site visits, correspondence and/or telephone calls as appropriate. -- At the conclusion of this agreement, you are required to submit, within 90 calendar days, all financial, performance and other reports as required by the terms and conditions and applicable EPA regulations (40 CFR 30 or 40 CFR 31). EPA regulations governing this grant may be viewed at: www.epa.qov/oqd/qrants If you have any questions, please contact the Grants Specialist identified 0 document. Enclosures MAR 1 1 2003 PG. .:5 ePA GFF1C'MU. FILE con f.Br..'mt ~~~WBB DII( W'f1CWu. l'II.E con JIBTt1ZU! .~_~ H - 83020501 - 1 Pace 1 ASSISTANCE 10 NO. ~#tD 8!'.4~ U.S. ENVIRONMENTAL PRG I DOC 10 IAMEND# DATE OF AWARD .~' PROTECTION AGENCY HS - 83020501 - 1 FFR - h ?nfl:i \~l TYPE OF AcnON MA~G DATE'''003 No Cost Amendment r - I (J ~:7 Assistance Amendment PAYMENT METHOD: AC~ ACH 9720 RECIPIENT TYPE: Send Payment Request to: County Las Vegas Finance Center RECIPIENT: PAYEE: Collier County Water Sewer District Interim Public Utilities Administrator 3301 E. Tamiami Trail, Building H, Third Floor Collier County Water Sewer District Naples, FL 34112 3301 E. Tamiami Trail, Building H, Third Floor EIN: 59-6000558 Naples, FL 34112 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Mohan Thampi Jennifer Gardner Phillip Schindel Collier County Water Sewer District 61 Forsyth Street, SW Grants Administration Division, 3903R 3301 E. Tamiami Trail, Building H, Third Floor Atlanta, GA 30303-8960 1200 Pennsylvania Ave, NW Naples, FL 34112 E-Mail: Gardner.Jennifer@epa.gov Washington, DC 20460 E-Mail: MohanThampi@colliergov.net Phone: 404-562-9436 E-Mail: SchindeI.Phillip@epa.gov Phone: 239-530-5339 Phone: 202-564-5293 PROJECT TITLE AND DESCRIPTION Vulnerability Assessments and Related Security Improvements at Large Drinking Water Utilities The objective of this program is to reduce the vulnerabilities that large drinking water utilities present to a terrorist attack. PWSID No.:FL5114069 Time Extension BUDGET PERIOD I PROJECT PERIOD TOTAL BUDGET PERIOD COST I TOTAL PROJECT PERIOD COST 07/01/2002 - 03/31/2003 07/01/2002 - 03/31/2003 $114,966.00 $114,966.00 NOTE: The Agreement must be completed in duplicate and the Original returned to the appropriate Grants Management Office listed below, within 3 calendar weeks after receipt or within any extension of time as may be granted by EPA. Receipt of a written refusal or failure to return the properly executed document within the prescribed time, may result In the withdrawal of the offer by the Agency. Any change to the Agreement by the Recipient subsequent to the document being signed by the EPA Award Official, which the Award Official determines to materially alter the Agreement, shall void the Agreement OFFER AND ACCEPTANCE The United States, acting by and through the U.S. Environmental Protection Agency (EPA), hereby offers Assistance/Amendment to the Collier County Water Sewer District for ~"Io of all approved costs incurred up to and not exceeding SO for the support of approved budget period effort described in application (Including all application modifications) cited in the Project Title and Description above, signed 04/26/2002 Included herein by reference. ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE ORGANIZATION I ADDRESS ORGANIZATION I ADDRESS Grants Administration Division Office of Water 1200 Pennsylvania Ave, NW OW 3903R 1200 Pennsylvania Ave, tN'J Washington, DC 20460 Washington, DC 20460 THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY SIGto.TURE OF AW~ ~CIAL ~ :, I TYPED NAME AND nTlE I ~~,703 ~hftj :'.J -"'l ./. _."J ~ Mildred Lee, Chief - Grants Operations Branch A v This agreement Is subject to appJfeable U.S, Environmental Protection Agency statutory provisions and assistance regulations, In accepting this award or am.ndment and any payments made pursuant thereto, (1) the und.rsigned rep.....nts that he Is duly authorized to act on behalf of the recipient organization, and (2) the recipient agrees (a) that the award Is subject to the applicable provisions of 40 CFR Chapter 1, Subchapter B and of the provisions of this agreement (and all attachments), and (b) that acceptance of any payments constitutes an agreement by the pay.. that the amounts, If any found by EPA to have been overp"lc will be refunded or credited In full to EPA, .._-- -I BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION SIGNATURE I TYPED NAME AND TiTlE I DATE I S AG(7Z ITEMS- NO. t'_ .... MAR 1 1 2003 PG.J FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ 114,966 $0 $ 114,966 EPA In-Kind Amount $0 $ $ 0 Unexpended Prior Year Balance $0 $ $0 Other Federal Funds $0 $ $0 Recipient Contribution $0 $ $0 State Contribution $0 $ $0 Local Contribution $0 $ $0 Other Contrlbutlon $0 $ $0 Allowable Project Cost $ 114,966 $0 $ 114,966 EPA Funding Information HS - 83020501 - 1 Page 2 Assistance Program (CFDA) Statutory Authority Regulatory Authority 66.476 - Vulnerability Assessments and Related Safe Drinking Water Act: Sec. 1442 40 CFR PART 31 Security Improvements at Large Drinking Water Utilities Fiscal Site Name DCN FY Approp. Budget PRC Object Site/Project Cost Obligation / Code Organization Class Organization Deobligatlon - I AG(NOA In" __ NO, If" ~ ~ MAR 1 1 2003 PG. Administrative Conditions All Administrative Conditions Remain the Same Proarammatic Conditions All Programmatic Conditions Remain the Same HS - 83020501 - 1 Page 3 AGENDA ITEM r- NO. 1(" ~ ~ MAR 1 1 2003 PG, Ie, MEMORANDUM DATE: February 28,2003 FROM: Mohan Thampi, Senior Project Manager PUED Thomas C. Palmer, Assistant County Attorney ~ (Jiu.v TO: RE: Time Extensions for Grants RLS I n the attached Request for Legal Services you have asked essentially the following: Assumed facts: Collier County must accept offers to extend the time completion pf two (2) projects that are funded by grant money, namely (1) the USEPA Vulnerability Assessment of the County's water system and (2) the SFWMD grant for well construction. The County must execute these extensions before staff can possibly have these actions pre- approved by the BCC. Can Jim Delony, Public Utilities Administrator, accept these extensions on behalf of the before obtaining prior approval from the BCC? REPLY: Assuming that the alleged basis for Mr. Delony's authority to accept either of these extensions are either County Resolution No, 2002- 464 or Collier County Resolution 2000-187, neither Resolution grants this authority to Mr, Delony. This does not bar the possibility that there may be some other basis for delegation of this authority to Mr. Delony, but I have had no time to research any other possible basis for delegation of this authority to Mr, Delony, As the County must accept these extensions before the possibility to obtain pre-approval from the BCC, If acceptable to each of the two granting agencies, Mr. Delony should accept these time extensions on behalf of the County and have these actions affirmed by the BCC as soon as possible. Accepting these extensions is clearly in the County's interest and there is no reason to assume that Mr. Delony will not receive after-the-fact affirmation from the BCC, cc: David C. Weigel, County Attorney h:tcp/memo/03/ Time Extensions for Grants 2-28-03 AG(rt IT(M ;:;;;- NO, I. t!~ MAR 1 1 2003 PG. 7 ITEM NUMBER: DATE RECEIVED: FILE NUMBER: ROUTED TO: REQUEST FOR LEGAL SERVICES (EXPEDITE PROCESSING) DATE: February 28, 2003 TO: Tom Palmer, Assistant County Attorney FROM: Mohan Thampi, P.E., Project Manager, PWED RE: "USEPA Vulnerability Assessment Grant" and "SFWMD Brackish Water Supply Well Grant" Signature Authority to Sign Time Extension Amendment Agreements BACKGROUND OF REQUESTIPROBLEM Collier County was awarded a grant of $114,966 in July 2002 from the USEPA for the Vulnerability Assessment of the Water System. Earlier in October 2001, another grant of $300,000 had been awarded by the SFWMD for brackish (hawthorn aquifer) well construction related to the ongoing SCRWTP 8- MGD Reverse Osmosis Expansion. Both grants do not have matching monetary obligations from the County other than to complete projects within the scope and deadlines defined in the agreement. Both grants had to be executed and returned in less than ten days of receipt. The agreements were executed by the Public Utilities Administrator and Resolution 2000-187 was submitted to indicate signature authority on behalf of the County, These signatures were accepted by both the USEPA and SFWMD fOf the two agreements and also for subsequent SFWMD Amendment No.1 time extension agreement, However, in November 2002 when a new Resolution 2002-464 was approved to expand the County's authorized signatories, it was pointed out that the authorization to execute grant applications did not include signing grant agreements as that authority stayed with the BCC, At this time, both grants have amendment agreements pending to extend the grant agreement completion deadlines, County has been instructed to submit by February 28, 2003, the executed USEP A amendment agreement for extending the deadline from December 31,2002 to March 31, 2003. The SFWMD Amendment No, 2 agreement to extend the deadline from April 2, 2003 to July 1,2003 has to submitted by March 3, 2003. Because of proximity of these amendments to the current completion deadlines and other concurrent submission activities related to the two grants, there is insufficient time to go to the BCC to authorize the Public Utilities Administrator or the Public Utilities Engineering Director before the deadlines of February 28 and March 3, 2003, Representatives of the USEPA and SFWMD grants, have indicated that they might wait till the BCC authorizes signature authority to execute the time extension amendment agreements at the March 11, 2003 meeting. This item has not been previously submitted, AGC.Hpf lTE" ,-- NO, L~ t'~ ~ MAR t 1 2003 PG. ~ ACTION REQUIRED: Review request and give a legal opinion on whether the Public Utilities Administrator can sigh these two grant amendments for time extensions before the March 11, 2003 BCC meeting but come back to the BCC later with executive summaries reaffirming and authorizing the execution of the time extension grants by the Public Utilities Administrator. OTHER COMMENTS: Both grant projects are nearing completion and these time extension agreements do not have any matching monetary obligations from the County but the County may risk getting audited or losing the grants, County will need to review and redo the resolutions to authorize the BCC to allow Public Utilities Administrators or their designated substitutes to execute grant administration requirements which do not impact scope or have monetary obligations from the County as it is not possible to go to the BCC every time within the deadline time frames given by the grantees. cc: David Weigel, County Attorney Roy Anderson, P.E., Director - PUED File Nos. 70054.04 and 700170.04 AGE NOA IT[M NO. (' ~ ~ MAR 1 1 2003 PG, EXECUTIVE SUMMARY ~,-..~- AUTHORIZE AND REAFFIRM EXECUTION OF AGREEMENT AND AMENDMENTS FOR TIME EXTENSION TO THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD) GRANT CONTRACT C-13978 FOR BRACKISH WATER SUPPLY WELLS FOR THE SOUTH COUNTY REGIONAL WATER TREATMENT PLANT (SCRWTP) REVERSE OSMOSIS EXPANSION, PROJECT 70054. OBJECTIVE: To extend the deadline of SFWMD grant project which provides $300,000 to the construction of fourteen new Hawthorn aquifer wells for the SCRWTP 8-MGD Reverse Osmosis Expansion project currently under construction. CONSIDERATIONS: Early in 2001, SFWMD solicited grant applications for utilizing alternate water supply sources. Public Utilities Division submitted an application for a grant related to the construction of new Hawthorn wells for the SCR WTP 8-MGD Reverse Osmosis Expansion. County was awarded a $300,000 grant by SFWMD in August 2001. The grant contract C-13978 was signed by the Public Utilities Administrator in October 30, 2001 and mailed back to the SFWMD within the ten day deadline, SFWMD executed the grant contract on November 29, 2001 where the work had to be completed by January 2, 2003. This deadline also ._~ matched the then contract completion deadline with United Engineering Corporation for the construction of the SCR WTP 8-MGD Reverse Osmosis Expansion including the wells. In September 2002, a grant time extension was requested by staff because United Engineering Corporation's contract deadline had been extended by Change Order No. 1 to March 3, 2003. Amendment No. 1 which extended the grant deadline to April 2, 2003 was signed by the Public Utilities Administrator and executed by the SFWMD on October 4, 2002 In February 2003, staff requested a second time extension because United Engineering Corporation's latest construction progress schedule indicated a new construction completion date in July 2003, Amendment No. 2 was received on February 21, 2003 with a submission deadline date of March 3, 2003. However, since 2002, County Attorney's office had indicated that the Resolution 2002-464 only allowed Public Utilities Administrator to execute grant applications, not grant agreements. To expedite the amendment execution by the SFWMD deadline, after review by the County Attorney (see attached legal memorandum dated February 28, 2003), the Public Utilities Administrator executed the time extension amendment. .- Staff is requesting the Board to approve and reaffirm execution of the grant contract agreements and the time extension amendments by the Public Util"tieii "GUlP" I HI/J NO, I!, ~u:. MAR 1 1 2003 PC, Executive Summary Approve and Reaffirm Agreement and Time Extension Amendments of SFWMD Grant for Well Construction Page 2 of 2 Administrator and also authorize the Public Utilities Administrator or his designees to execute any other required grant agreement documents to complete this grant project, but not to commit the County to monetary obligations, FISCAL IMPACT: Funds for this grant will be received upon completion of the project as identified in the grant agJ'~ement within the grant agreement deadlines, The County may risk losing the grant if the amendment for the grant amendment is not received in a timely fashion, GROWTH MANAGEMENT IMPACT: None. RECOMMENDA TIONS: Staff recommends that the Board of County Commissioners, as the Ex-Officio governing board of the Collier County Water- Sewer District, approve and reaffirm the agreement and time extension amendments for the SFWMD Grant C-13978 executed by the Public Utilities Administrator, and further authorize the Public Utilities Administrative or his designees to execute any other required grant agreement documents to complete this grant project, but not to commit the County to monetary obligations. ~z/ 0/ PREPARED BY: / v,-~--y-- DATE: Mohan V. Thampi, P.E., Senior Project Manager Public Utili ties Engineering Department :t/7/' -; / REVIEWED BY: lm~ DATE: "3 ('if 1.>"3 Willtam D. Mullin, P.E., Principal Project Manager Public Utilities Engineering Department (;) 11 / /' REVIEWED BY: . / ~.J 'm-~c::.L-- Paul Mattausch, Water Director Public Utilities Division DATE: O.?~.-j-~G REVIEWED BY: j~~-- Roy 0/ Anderson, P.E., Director Public Utilities Engineering De DA TE: ~/4/1) J I I ~J LfIt ment --- (..- ..'\, APPROVED BY: - \ ( ~:~~i~ W, DeLony, P.E., Adminis V Utilities Division DATE: 5/YlMc)3 ator AG(NDA ITEZ NO, /4- e _~ MAR 1 1 2003 PG, ~ ~~.,~~.c C. ~~....~ ':'-"~ Q~~..,_.,"" <i!~~tL:,:'& ~ .c~~-"1i E~ ;;-; .,;<::., "-.:~~_/'~f:' ~ "?a-'" ii"'1.1l\'> ')~ .-~. . . . ). Scum FLORIDA WATER MANAGBvIENT DISfRlcr 3301 Gun Oub Road, West Palm Beach, Florida 33406 . (561) 686-8800 . FL W ATS 1-800-432-2045 . TOO (561) 697-2574 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 . www.sfwmd.gov ADM 28-06 February 19, 2003 Mohan V. Tharnpi, P,E. Senior Project Manager Collier County - Public Utilities Division 3301 East Tamiami Trail, Bldg. H Naples, FL 34112 p.U.E.O fEB 1 \ l1\{\'3 Subject: Contract No. C-13978-A02 Brnddsh Water Supply Wells Dear Mr. Thampi: Enclosed are two (2) copies of the subject amendment. Please have them signed by an individual with signature authority on behalf of your organization, and return both copies to my attention. Do not date the documents; a fully signed and dated amendment will be returned to you upon execution by the District. Kindly return the executed documents \Yigrin ten (10)..businessll~y~.._of receipt. Please include documentation to demonstrate official delegation of signature authoritY on bdiaIf of your firm up to the contract monetary limits. Note that this amendment is not binding on the parties until it is approved by the appropriate level of authority within the District and executed by both parties. Your cooperation and timely response will be greatly appreciated. Should there be any questions, please contact me at (561) 682-6444, Sincerely, ~~~M Contract Administrator procurement Department IDLK Enclosure c: wi attachment PM "'G~HO'" IT?"...., NO. /q (' l/L MAR 1 1 2003 3 GoVERNING BoARD Trudi K. Williams, P.E., Chair Lennart E. Lindahl, P .E., Vice-Chair Pamela Brooks-Thomas Michael Collins Hugh M. English Gerardo B. Fernandez ,.'"- -. Patrick J. Gleason, Ph.D.. P.G. Nicolas J. Gutierrez, Jr., Esq. Harldey R Thornton Henry Dean, Executive DirectOr ORIGINAL f) SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT AMENDMENT NO. 02 p.U.E.D fEB 1 \ 2tl03 C-13978-A02 TO AGREEMENT NO. C- 13978 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, W ATER&SEWER This Al\1ENDMENT NO. 02, entered into on ' to that AGREEMENT dated November 29,2001, as amended on October 04, 2002 between "the Parties," the South Florida Water Management District (DISTRICT), and Collier County Board of County Commissioners, Water&Sewer (COUNTY). 'WITNESSETH THAT: WHEREAS, the AGREEMENT may be amended with the prior written approval of the parties; and WHEREAS, the Governing Board of the DISTRICT, at its March 13, 2003 meeting, approved entering into this AMENDMENT NO. 02 with the COUNTY; and WHEREAS, the parties wish to amend the AGREEMENT in order to extend the period of performance; NOW THEREFORE, the DISTRICT and the COUNTY, in consideration of the mutual benefits flowing from each to the other, do hereby agree as follows: 1. The term of the AGREEMENT is hereby extended by Ninety (90) Days and the expiration date, as amended, is July 1, 2003. This AMENDMENT NO. 02 shall be effective upon the date of execution by the parties. 2. This AMENDMENT NO. 02 shall be at no additional cost to the DISTRICT. 3. All other terms and conditions of the AGREEMENT, as amended, remain unchanged. NO. AG(it ~(14 {p Amendment No. 02 to Agreement No. c- 13978 - Page 1 of 2 MAR 1 1 2003 F>~.~... n~'t~_ s SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this A1\1.ENDMENT NO. 02 on the date first written above, SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD By: Frank Hayden, Procurement Director SFW:\lD PROCUREMENT APPROVED By: Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, W A TER&SEWER ;J-v?,/,~/s~~/" AGeNOA ITE"t NO. It, ~ Lf2. MAR 1 1 2003 PG, 5 Amendment No. 02 to Agreement No. C- 13978 - Page 2 of 2 SOUTH FWRIDA WATER MANAGEMENT DISTRICT . t-. ~'. 3301 Gun Oub Road, West Palm Beach, Florida 33406 . (561) 686-8800 . FL WATS 1-800-432-204SP t1? fml) ft7-2574 Mailing Address: P. O. Box 24680, West Palm Beach, FL 33416-4680 . www.sfwmd.gov '. 1:.. U. ADM 28-06 '02 OCT 14 PM 4: 39 October 4, 2002 Mohan V. Thampi, P.E. Senior Project Manager Collier County - Public Utilities Division 3301 E. Tamiami Trail, Bldg. H Naples, FL 34112 Subject: Contract No. C-13978-AOl BRACKISH WATER SUPPLY WELLS Dear Mr. Thampi: Enclosed please find one (1) fully executed copy of the above referenced amendment. If you have any questions, please contact me at (561) 682-2813. Thank you for your efforts on behalf of the District. /JB Enclosure c: Procurement Original File Alex Quintero, 6611 Clarence Tears, Jr., 1710 A~NDA lT~ NO, ~~ /) MAR 1 1 2003 GOVERNfNG BOARD EXEC Trudi K. Williams, Chair Lennart E. Lindahl, Via!-Chair P"mpla Brooks-Thomas "". Michael Collins Hugh M English Gerardo B. Fernandez Patrick J. Gleason, Ph.D., P.G. Nicolas J. Gutirn-ez, Jr., Esq. Harkley R. Thornton Henry Dean, Eucutivt Director ORIGINAL -e SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT C-13978-Al AMENDMENT NO.1 TO AGREEMENT NO. C-13978 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT A.ND COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, WATER & SEWER This AMEl\TJlMENT NO.1, entered into on OCT 0 4 2002 ,to that AGREEMENT dated November 29, 2001, between "the Parties," the South Florida Water Management District (DISTRICT), and Collier County Board of County Commissioners, Water & Sewer (COUNTY). WITNESSETH THAT: WHEREAS, the AGREEMENT may be amended with the prior written approval of the parties; and WHEREAS, the parties wish to amend the AGREEMENT in order to extend the period of performance; NOW THEREFORE, the DISTRICT and the COUNTY, in consideration of the mutual benefits flowing from each to the other, do hereby agree as follows: (a) The term of the AGREEMENT is hereby extended by Ninety (90) Days and the expiration date, as amended, is April 2, 2003, This AMENDMENT NO.1 shall be effective upon the date of execution by the parties. (b) This AMENDMENT NO. 1 shall be at no additional cost to the DISTRICT. (c) All other terms and conditions of the AGREEMENT, as amended, remain unchanged. AG(.I'CA IT(" NO, /(, ~ (p MAR } 1 2003 PG. Amendment No.1 to Agreement No. C-13978 - Page 1 of 2 . ~ SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AMENDMENT NO.1 on the date first written above. . . SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY~r t,..- SF\'l'IDPRQC~ Byya~ Date:. 9L~d--- --- COLLIER COUNTY BOARD OF COUNTY COl\1MlSSIONERS, WATER & SEWER B~ uJ. dt- d2::> Se'p~Z- TItle: ~.h;"'c ?(-r-/l~e5 ~/4/Co,~~ NO, AGjt,A 2(,& MAR 1 1 2003 PG. !' Amendment No.1 to Agreement No. C-13978 - Page 2 on ~~"it.!t ~L14. !2't-~:" ',', .~:,1c<" a:: ~ -t- o '" ....&.: ;?'. \Io"'~ <"? ~-:."" ~;. ,f.'::>O, . t:7 ~""""_".":"'~Z,--..~ -?,,~"Y ~ .~ ".".'\.')~ SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Oub Road, West Palm Beach, Florida 33406 . (561) 686-8800 · FL ~Us.0c6~-945 . TOO (561) 697-2574 Mailing Address: P.O. Box 24680. West Palm Beach, FL 33416-4680 . www.sfwrilJ.gov '01 DEe -6 ~.M 7: 57 ADM 28-06 December 3, 2001 Mr. Mohan Tharnpi Collier County Water-Sewer District 3301 Tamiami Trail East, Bldg. H, 3rd Floor Naples, FL 34112 Subject: Contract No. C-13978 Brackish 'Vater Supply Wells Dear Mr. Thampi: Enclosed please find one (1) fully executed copy of the above referenced contract. If you have any questions, please contact me at (561) 682-2813. Thank you for your efforts on behalf of the District. Sincerely, Catherine Richards Assoc. Contract Specialist Procurement Department Idlk Enclosure c: Original File Clarence Tears, 4330 GOVERNING BOARD AGeNOA ITE" I r. NO, II., ~ If' MAR 1 1 2003 E ~.eG~ q XEC Trudi K. Williams, Chair Lennart E. Lindahl. Vice-Chair Pamela Brooks-Thomas Michael Collins Hugh M. English Gerardo B. Ferru\.ndez Patrick J. Gleason, Ph.D., P.G. Nicolas J. Gutierrez, Jr., Esq. Harkley R. Thornton Henry Dean, Executive Director 2001 - 2002 SOUTH FLORIDA WATER MANAGEMENT DISTRICT A WS FUNDING PROGRAM AG~1'mNT . UKIGINAL Fax No: (941) 732-2526 SFWMD Project Manager: Clarence Tears <,--'.::;.,,~:-: :~~., Recipient: Collier County Water-Sewer District Recipient's Project Manager: Mohan Thampi Address: 3301 Tamiami Trail East, Bldg. H, 3rd Flr. Naples, FL 34112 Telephone No: (941) 732-2575 Address: 6089 Janes Lane Naples, FL 34109 Insurance: Not A licable Federal Employer Identification Number: 21-07-019995-53C . o. -' ~ :0 c::> <: 1 c: . C-=> ,." -0 . = c f'..) w Telephone No: (941) 682-7601 Fax No; (941) 597-4987 Project Title: Brackish Water Supply Wells - South County Regional Water Treatment Plant Description: See Attachment "AU .. o - ~ --c N en c: . Contract C-13978, Page 1 of 8 ~ x 0 W . A;JIi8OA ITEM / NO, (a) /t" ~ "p I'TI . MAR 1 1 2003 PG, I () This Agreement is entered into between "the Parties", the South Florida Water Management District, the "District", and the undersigned Applicant, hereinafter referred to as the "Recipient". The Recipient warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all legal, financial, and reporting requirements, such as matching funds and final reports for all funding recei ved by the Recipient from the District. ARTICLE 1- PROJECT 1.1 The Recipient shall, to the satisfaction of the District. fully and timely construct and perform all work items described in the "Detailed Description of the Project." attached hereto as Attachment" A" , and made a part of this Agreement. 1.2 As part of the services to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever forum reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or termination of this Agreement, 1.3 The Recipient shall submit to the District, proof of FLDEP and SFWMD permit applications prior to September 1 st of the current fiscal year, to ensure timely completion of the project. 1.4 The Recipient shall submit to the District notification of complete permit applications from FLDEP and SFWMD prior to September 1st of the next fiscal year, to demonstrate proposed project readiness. Should the permitting element of an application for a construction project not be completed by the Districfs required deadline, the District will deem the project ineligible for funding. ARTICLE 2 - TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall commence on the Construction Start Date stated by the Recipient on the last page of this Agreement and shall continue for a period of one (1) year. 2,2 The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement, ARTICLE 3 - COMPENSATION/CONSIDERATION 3.1 As consideration for providing the goods and services required by this Agreement, the District shall pay the Recipient the funding amount as specified on front page. Such amount is. a not to exceed amount and therefore, no additional consideration shall be authorized, Recipient must provide at least fifty (50) percent of the total project cost. 3.2 The Recipient assumes sole responsibility for all..work, which is performed pursuant "to Attachment "A," By providing funding hereunder, the District does not make any warranty, guaranty, or any representation whatsoever regarding any of the work performed hereunder, including but not limited to the adequacy or sufficiency of all or any part of work described in Attachment "A", Contract C-13978, Page 2 of 8 Att,A lTE"{P NO. ~ MAR 1 f 2003 PG, 3.3 The Recipient hereby agrees that it shall use other sources of funding for all work associated with the design and permitting aspects of the Project, District funds shall only be used for capital or infrastructure costs for the construction activities described in Attachment" AU. ARTICLE 4 - FUNDING PAYMENTS AND REPORTING 4.1 The District shall make payment to the Recipient upon completion and acceptance of the Project. The Recipient shall provide certification that all construction has been completed in accordance with Attachment or A" of this Agreement. 4,2 The Recipient's invoice shall reference the District's Contract Number and shall be sent to the Project Manager at the address stated on the first page of thfs Agreement, The Recipient shall not submit an invoice to any other address at the District. 4.3 The District shall inspect all work and review final reports before authorization of payment is made to the Recipient, The District shall pay the full amount of the invoice within thirty (30) days of receipt and acceptance, provided the Recipient has performed the work according to the terms and conditions of this Agreement. Funding will be withheld if the Recipient has not submitted required reports or met all of the administrative requirements. 4.4 Upon award of the Agreement, the Recipient shall provide to the District a detailed schedule of the Project and the MfWBE utilization plan applicable to the construction of the Project. The Recipient shall provide three (3) copies of progress reports on a quarterly basis to the District, which shall describe the extent of Project completion and provide an updated M/WBE utilization report indicating the WWBE firins used on the Project. Upon request by the District, the Recipient shall provide as supporting documentation, all work products associated with the completion of the tasks designated in the Work Breakdown Structure and Deliverable Schedule of Attachment "A", attached hereto to this Agreement. 4.5 However, failure by the Recipient to follow the foregoing instructions may result in an unavoidable delay of payment by the District. ARTICLE 5 - PROJECT MANAGEl\.fEl'.TT 5.1 The Parties shall direct all matters arising in connection with the performance of this Agreement, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 5.2 All notices, demands, or other communications to the Recipient under this Agreement shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the address stated. All notices to the District under this Agreement shall be in writing and sent by cex:t:ified mail to: South Florida Water Management District Attn: (Project Manager's Name as stated on the first page of the Agreement) (Address as stated on the first page of the Agreement) I NO AGelDA ITEIl r '--1...14 C re MAR 1 1 2003 PG. I~ Contract C-13978, Page 3 of 8 5.3 All notices required by this Agreement shall be considered delivered upon receipt. Should either Party change its address, written notice of such new address shall promptly be sent to the other Party, 5.4 All correspondence to the District under this Agreement shall reference the District's Contract Number. ARTICLE 6 " TERMINATIONIREMEDIES 6.1 If Recipient fails to fulfill its obligations under this Agreement in a timely and proper manner, the District shall have the right to terminate this Agreement by giving written notice of any deficiency, The Recipient in default shall then have ten (10) calendar days from receipt of notice to correct the deficiency, If the Recipient fails to correct the deficiency within this time, the District shall have the option to terminate this Agreement at the expiration of the ten (10) day time period. 6.2 The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whole, or from time to time in part, whenever the District shall determine that such termination is in the best interest of the District. Any such termination shall be effected by delivery to the Recipient of a Notice of Termination specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective, 6.3 In the event of termination, the District shall compensate the Recipient for all authorized and accepted work performed through the termination date. The District shall be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient, 6.4 If either Party initiates legal action, including appeals, to enforce this Agreement, the prevailing Party shall be entitled to recover a reasonable attorney's fee, based upon the fair market value of the services provided. 6.5 In the event the Recipient's funding becomes unavailable, that shall be good and sufficient cause for the District to terminate the Agreement, pursuant to Paragraph 6,2, above. 6.6 In the event a dispute arises which the Project Managers cannot resolve between themselves, the Parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties, The mediation process shall be confidential to the extent permitted by blw, ARTICLE 7 - .RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows: AGENDA ITEM NO. I (~~ ~ MAR 1 1 2003 PG. 13 Contract C-13978, Page 4 of 8 A. Maintenance of Records. The Recipient shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or perfonnance of this Agreement, including supporting documentation for any service rates, expenses, research or reports, Such records shall be maintained and made available for inspection for a period of five (5) years from completing pexformance and receiving final payment under this Agreement. B. Examination of Records. The District or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement, Such examination may be made only within five (5) years from the date of final payment under this Agreement and upon reasonable notice, time and place, C. Extended Availabilitv of Records for Legal Disputes, In the event that the District should become involved in a legal dispute with a third party arising from pexformance under this Agreement, the Recipient shall extend the period of maintenance for all records relating to the Agreement until the final disposition of the legal dispute, and all such records shall be made readily available to the District, ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the pexformance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge, 8.2 The laws of the State of Florida shall govern 'all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable in federal court. 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the Recipient assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Recipient. 8.4 Pursuant to Section 216.347, Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch, or another state agency. 8.5 The Recipient shall obtain, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing pexformance of this Agreement. 8..6 The Recipient hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age, or sex, from participation in, denied the benefits of, or is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. Contract C-13978. Page 5 of 8 AGENDA ITEM /, NO. 11, r I:f2 MAR 1 1 2003 PG. ARTICLE 9 - INDEMNIFICATION AND INSURANCE 9.1 The following indemnification clause shall only be applicable to Investor-owned Utilities or Private Entities For value received, which is hereby acknowledged, the Recipient shall defend, indemnify, save, and hold the District, its agents, assigns, and employees, hannless from any and all claims or causes of action, including without limitation, all damages, losses, liabilities, expenses, costs, and attorney's fees related to such claims, resulting from any negligent or intentional act or omissio~, or the violation of any federal, state, or local law or regulation, by the Recipient, its subcontractors, agents, assigns, invitees, or employees in connection with this Agreement. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, agents, assigns, in vi tees and employees with the terms of this Agreement. The provisions of this paragraph survive the termination or expiration of this Agreement. 9.1 Thefallowing shall only apply if the work is being perfonned on District property, The Recipient shall procure and maintain, through the term of this Agreement, insurance coverage reflecting, at a minimum, the limits and coverage conditions identified on the District's Certificate of Insurance, attached and made a part of this Agreement. The coverage required shall extend to all employees and subcontractors of the Recipient. The attached District's Certificate of Insurance shall be completed in full, indicating the producer, insured, carrier's name and Best rating, policy numbers and effective and expiration dates of each type of coverage required, The Certificate shall be signed by the insurance carrier's authorized representative. ARTICLE 10 - M/WBE COl\'lPLIANCE 10.1 The Recipient shall take all necessary and reasonable steps to achieve and maintain the MfWBE target for this Agreement, and ensure that minority-owned enterprises have the maximum opportunity to compete for and perform under the construction of the project. The Recipient shall submit a copy of the Final MfWBE Utilization Report with the final invoice. See Attachment "B". ARTICLE 11 " RELATIONSlllP BETWEEN THE PARTIES 11,1 The Recipient is an independent contractor and is not an employee or agent of the District. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an i~dependent contractor between the District and the Recipient, its employees, agents, subcontractors, or assigns, during or after the performance of this Agreement, The Recipient is free to provide similar services for others. 11.2 The Recipient shall not assign, delegate, or otherwise transfer its.rights and obligations as set forth in this Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be void. 11.3 It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the Distritt shall ~G(/IlOA ITE"I.... Contract C-1397 8. Page 6 of 8 ""U. f6 L. L(L MAR , , 2003 PG, IS have any rights or privileges under this Agreement in any capacity whatsoever, either as third- party beneficiary or otherwise. ARTICLE 12 - GENERAL PROVISIONS 12.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the Detailed Description of Work - Attachment "An of this Agreement specifies that performance by the Recipient is specifically required during the occurrence of any of the events herein mentioned. 12.2 In the event any provlSlons of this Agreement shall conflict, or appear to conflict, the Agreement, including all Attachments, and all documents specifically incorporated by reference, shall be interpreted as a whole to resolve any inconsistency. 12.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 12.4 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent that the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. 12.5 This Agreement may be amended only with the written approval of the Parties, 12.6 This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or Agreements previously existing between the Parties with respect to the subject matter of this A.greement. The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legally bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreement shall inure to the benefit of and shall be binding upon the parties, their.. respective assigns, and successors in interest. .. "'GENOA no", NO, IfI ~ rp MAR 1 1 2003 PG. 1(" Contract C-13978, Page 7 of 8 IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this Agreement on the date written below, SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERMNGBOARD Frank Hayden, Procurement r Date: /{~#/ Recipient's Legal Name: BO(}'4r,! { c;,...."..fv c:;n.. "",..fJ"~ 1'1< r.r ~,c.. c;,11f,~" C~ lNt. 'fr By Authorized Official: ~~Ji:) Title:~ c?~~ ~ ({)~ ~ z.-OO( Date:lci~/ AG(NDA IrE" NO. II" L fJ MAR 1 1 2003 PG. 17 Contract C-13978, Page 8 of 8 A TT ACHMENT "A"- DETAILED DESCRIPTION OF PROJECT At:achment "An "iNDA I TE~ NO. tJ, C. I? MAR 1 1 2003 PG,....(~ 1.0 Introduction The Collier County Water-Sewer District (CCWSD) is in the process of expanding the South Collier Regional Water Treatment Plant (SCRWTP) to meet the future water demands of the area. The plant currently generates 12 million gallons per day (mgd) of potable water using the lime softening process, The raw water supply is provided by the Golden Gate wellfield, which taps the Lower Tamiami aquifer, a freshwater resource. The plant will be expanded over the next two years to provide a finished water capacity of 20 MGD. ~ Collier County is requesting funding to construct ten (10) new production wells tapping the Hawthorn Zone I aquifer and four (4) new wells tapping the Lower Hawthorn aquifer. The new wells will be constructed as part of the upcoming plant expansion. The new wells will provide a brackish raw water supply to the plant that will then be treated to potable standards using reverse osmosis technology. Because the wellfield will utilize a brackish water source, the dependence on freshwater aquifers for potable demands will be reduced, which will reduce the threat of saltwater intrusion, In addition, the new brackish wells for public supply use will reserve freshwater supply availability for those who are economically dependent on this resource (i,e., agriculture, domestic self supply). 2.0 Project Scope The project scope includes the construction often (10) wells tapping the Hawthorn Zone I Aquifer, four (4) wells tapping the Lower Hawthorn aquifer, and the necessary Contract C-13978. Attachment "A", Page 1 of 15 AG(NOA IT(" NO, I~ <=- rt<- MAR 1 1 2003 PG. .SOUTH COUNTY REGIONAL WATER TREATMENT PLANT PROPOSED WELLFIELD PRELIMINARY DESIGN 8 MGD SCENARIO I @ r--------_____ Golden Gate Pk . . I ~ , I: - - - - - - - - - - - - - - - -. - .7.................. SCR\^JTP ..:::'............ @ ..\ .........9[<.................. \:~................. 1 t9Y 0 4,000 P"""~ FEET Canal' - - - -- Road Dirt Road .................... r---\ Q9= Legend o Existing Hawthorn Zone 1 Aquifer Wells @J I . Proposed Well Location Hawthorn Zone 1 Aquifer Q = 1 MGD per well . Proposed Well Location Lower Hawthorn Aquifer Q = 1 MGD per well aM MISSIMER IrWINTEANATlONAL, K Pr. Name: SCRWfP R.O. WELLFIELD STUDY Pr. No, FH8-812 Date: 3127/01 DWG No, Rev, No. FIGURE 1. PROPOSED WELL LOCATIONS IN THE HAWTHORN ZONE 1 AND LOWER H~ FOR THE SCRWTP R.O. EXPANSION. Contract C-13978, Attachment "A", Page 2 of 15 ENVIR.O . ORN AQUIFER MAR 1 1 2003 PG. ~ l5 transmission piping from the wells to the South County Regional Water Treatment Plant (Figure 1). The project will provide a brackish groundwater source that, after treatment using reverse osmosis technology, will provide an additional 8 mgd of potable water to new and existing customers. The scope of work is detailed in the Work Breakdown Structure (Section 3,0), Design plans and contract specifications are complete, and well construction permits will be obtained prior to beginning work to be performed as part of this project proposal. The principal goals of the project are to: j . Provide a sufficient volume of potable water to meet the demands of existing customers and projected growth in Collier County . Reduce the dependence on freshwater aquifers for potable demands . Increase the use of brackish water for potable use . Increase customer base . Comply with the objectives of the Lower West Coast Water Supply Plan 3.0 Wark Breakdown Structure 3.1 Description of Proj ect Elements The Hawthorn Zone I wells will be completed with 12-inch diameter casing to approximately 300 feet below land surface (bls) and an open hole to approximately 400 feet, The production welis tapping the. Lower Hawthorn aquifer will be completed with AGf.J40A ITEM 1_ NO. I ~ ~ ~ MAR t 1 2003 pc, .:L I Contract C-13978. Attachment "A", Page 3 of IS 12-inch diameter casing to approximately 700 feet bls and an open hole to approximately 900 feet. Final depths will be determined from subsurface data collected during well construction, . The project will be comprised of the following construction elements: 1. Site preparation 2. Production well construction 3. St~awdowntesting 4. Submersible pumps purchase and installation 5. Instrumentation and controls installaJion 6. Miscellaneous site work Tasks required to complete the project are described below. Task 1 - Pre-Construction Activities . Prepare design specifications for bid and construction often (10) reverse osmosis wells tapping the Hawthorn Zone I aquifer and four (4) wells tapping the Lower Hawthorn aquifer . Select contractor through competitive bidding . Obtain required construction permits Work Products: . Bidding and co~~act documents for fourteen (14) production wells . Construction permits Deliverables: AGElOA 1HMCI? NO, (, ~ Contract C-13978, Attachment "A", Page 4 of 15 MAR 1 1 2003 PG. . ..:l~ . Approved construction permits . Approved contract documents . Approved plans and specifications Task 2 - Preliminary Construction Activities . Review and evaluate contractor submittals . Clear site . Mobilize drilling equipment Work Products: . Contractor submittals, equipment list, miteriallist, daily log, mill certificates Deliverables: . Completed materials/equipment lists Task 3 - Proposed Sequence of Drilling Hawthorn Zone I Production Wens . Drill a nominal 30-inch diameter borehole from land surface to the first competent rock. . Install 24-inch diameter steel surface casing from land surface to the first compet~nt rock, . Drill a pilot hole with a minimum nominal diameter of 8 inches using the mud rotary method from the bottom of the surface casing to a depth of several feet past the fir~ competent limestone in the Hawthorn Zone I aquifer, . Clean the borehole of cuttings and conduct geophysical logging on pilot hole, NO. AG(J~ c" (p Contract C-13978, Attachment "A'" Page 5 of IS MAR 1 1 2003 PG. ...2.3 . Ream a n~minal 20-inch diameter hol~ from land surface using the mud rotary method. . Set and cement in place approximately 180 feet of 12-inch diameter, Burgess fiberglass casing followed by 120 feet of 16-inch diameter, Burgess fiberglass casing to land surface. . Drill a 12-inch nominal diameter borehole below the cased depth to a total depth of approximately 400 feet below land surface, Collect water samples every 20 feet while drilling. . Develop the open borehole until the water produced is clean and free of sediment, Collect a water sample from the open zone fur analysis of dissolved chlorides and specific conductance. . Set up temporary pump testing equipment and discharge piping. Collect background water level data. Perform a three-step, step-drawdown test to assess well yield and aid in the selection of pump setting depths, Obtain water samples from the well for laboratory analyses. "1 :"i . l . ~{ -' "' Install permanent wellhead equipment, piping. and appurtenances, Demobilize equipment. clean and restore drilling site, Task 4 - Proposed Sequence of Drilling Lower Hawthorn Aquifer Production Wells . Drill a nominal 3D-inch diameter borehole from land surface to the first competent rock. . Install 24-inch diameter steel surface casing from land surface to the first competent rock, . Contract C-13978, Attachment "A", Page 6 of 15 "GeNOA ITeM/,_ HO, I (, ~- UZ MAR 1 1 2003 PG. . Drill a pilot hole with a minimum nominal diameter of 8 inches using the mud rotary method from the bottom ofthe'surface casing to a depth of several feet past the first competent limestone in the Lower Hawthorn aquifer. . Clean the borehole of cuttings and conduct geophysical logging on pilot hole . . Ream a nominal 20-inch diameter hole from land surface using the mud rotary method, . Set and cement in place approximately 580 feet of 12-inch diameter, Burgess fiberglass casing followed by 120 feet of 16-inch diameter, Burgess fiberglass casing to land surface. . Drill a 12-inch nominal diameter borehole below the cased depth to a total depth of approximately 900 feet below land surface. Collect water samples every 20 feet while drilling. . Develop the open borehole until the water produced is clean and free of sediment. Collect a water sample from the open zone for analysis of dissolved chlorides and specific conductance, 9 Set up temporary pump testing equipment and discharge piping. Collect background water level data. Perform a three-step, step-drawdown test to assess ~ well yield and aid in the selection of pump setting depths. Obtain water samples from the well for laboratory analyses. . Install permanent wellhead equipment, piping, and appurtenances. o Demobilize equipment, clean and restore drilling site. AGCNDA IT?p NO, It, c... Contract C-13978. Attachment "A". Page 7 of 15 MAR 1 1 2003 PG. Work Products: . Lithologic samples, water samples, geophysical logs, geologist log, water quality analyses results, cementing operations plan and records, development and test records, final well description/record drawings, well completion report, Deliverables: . Installed and tested ten (10) reverse osmosis production wells tapping the Hav....thorn Zone I aquifer and four (4) tapping the Lower Hawthorn aquifer. Task 5 - Proposed Construction Sequence of Surface and Subsurface Facilities . Construct transmission piping and valves and above grade flanged piping and appurtenances. . Install a submersible pump in each of the three production wells. . Install and test electrical/instrumentation. " . Painting, restoration, and cleanup. Work Products: . Testing records, start-up logs, and certifications ., 'J Deliverables: . Completed surface facilities and transmission piping Task 6 - Final Construction Documents . Prepare shop drawings and equipment information, ~! · Prepare operations and maintenance manuals, " 'j j · Conduct training on equipment operations and maintenance, . AG(NOA IT(;? ,~o . 1/,. c. Contract C-13978, Attachment "An, Page 8 of 15 MAR 1 1 2003 ~~. _ ,;t, -Certify preparation of operation arid maintenance manuals, Work Products: _ Shop drawings, record draWings, one copy of operation and maintenance manual. Deliverable: _ Wellfield completion report and final construction documents, 3.2 Description of Design Schematic diagrams of the Hawthorn Zone I and Lower Hawthorn production wells are shown in Figures 2 and 3. The design includes ten (10), large diameter production wells ~ cased to approximately 300 feet below land surface (bls) with an open hole to 400 feet and four (4), large diameter production wells cased to 700 feet bls with an open hole zone to 900 feet. Final completion depths for each well will be determined following the review and interpretation of data collected during construction, This project will also :' include the installation of approximately five (5) miles of transmission pipeline. .i '1 3.3 Project Justification and Cost/Benefit Analysis This project is justified because it provides the opportunity to conserve fresh groundwater resources while providing high quality potable water to new and existing customers through the treatment of brackish groundwater resources, As an added benefit, the new brackish wells for public supply use will reserve freshwater supply availability for those ". , :, who are economically dependent on this resource (Le" agriculture, domestic self supply), ..; AGc.p9A I TE"~ NO, I r, ~ (/ Contract C-13978. Attachment "A". Page 9 of lS MAR 1 1 2003 PG, 7 3,2 Description of Design '.. A schematic d.iagram of the six production wells is provided in the attached engineered drawings, The design includes six (6), to-inch diameter, production wells cased to 20 . feet below land surface with an open hole zone from approximately 20 to 40 feet, Final completion depths for each well will be determined following the review and interpretation of data collected during construction, This project will also include the installation of approximately four (4) miles of transmission pipeline. 3,3 Project Justification and Cost/Benefit Analysis This proj ect is justified because it provides the opportunity to meet current reclaimed water customers' demands and to increase the number of reclaimed water customers that are able to be served, thereby reducing the amount of effluent disposed of through deep .,;"' ". .. well injection, The use of excess effluent would help to relieve demands on fresh aquifers during the dry season. This project would also decrease the demand on the Water Treatment Plant by helping to offset the high percentage of potable water use that goes toward irrigation purposes (40-60%). This program supports the objectives outlined in the Lower West Coast Water Supply Plan. ., ., J AGENOA ITEM 4 NO. J (, c::- /) Coritract C-13978, Attachment "AU, Page 10 of 15 MAR 1 1 2003 PG.. e1K. ... .--.-- COLLIER COUNTY SOUTHERN REVERSE OSMOSIS WELLFIELD HAWTHORN ZONE 1 AQUIFER PRODUCTION WELLS -, DEPTH (FEET) LAND SURFACE 0 30 - INCH NOMINAL DIAMETER BOREHOLE 24 - INCH DIAMETER SURFACE CASING 16 -INCH DIAMETER FIBERGLASS WELL CASING 100 CEMENT GROUT ~ 20 - INCH NOMINAL DIAMETER BOREHOLE 200 12 -INCH DIAMETER FIBERGLASS WELL CASING CENTRALIZERS -, 300 400 OPEN HOLE ; J aM MISSIMER IrrINTERNAT10NAL, It:. Pr. Name: SCRWTP RO EXPANSION Pro No. FH8-812 Date: 3/27/01 DWG No. Rev. No. . 1 GROUNDWATER AND ENVIRO FIGURE 2. PROPOSED CONSTRUCTION DETAILS FOR THE COLLIER COUNTY SOUTHER OSMOSIS WELLFIELD HAWTHORN ZONE 1 AQUIFER PRODUCTION WELLS. RelEaSE MAl'< 1 1 2003 PGA-2. 9 ,",_.,,,...0_ A . _4- ,,,,",,,, .. -"\,......,n A ___1....- _.,.. "9 'P'l t t J: LJ:' COLLIER COUNTY SOUTHERN REVERSE OSMOSIS WELLFIELD LOWER HAWTHORN AQUIFER PRODUCTION WELLS DEPTH (FEET) o 200 400 -j ~ ~ 600 800 LAND SURFACE 30 - INCH NOMINAL DIAMETER BOREHOLE 24 - INCH DIAMETER SURFACE CASING 16 -INCH DIAMETER FIBERGLASS WELL CASING CEMENT GROUT 20 - INCH NOMINAL DIAMETER BOREHOLE 12 - INCH DIAMETER FIBERGLASS WELL CASING CENTRALIZERS OPEN HOLE . aM MISSIMER IrrINTEANAll0NAL, K. Pr. Name: SCRWTP RO EXPANSION Pr. No. FH8-812 Date: 10/09/2000 DWG No. Rev. Na. - " GROUNDWATER AND ENVIRO FIGURE 3. PROPOSED CONSTRUCTION DETAILS FOR THE COLLIER COUNTY SOUTHERN OSMOSIS WELL FIELD LOWER HAWTHORN AQUIFER PRODUCTION WELLS. ~~fiEl 1 2003 PG. 30 r ro......'r'I'u'~.. r" I "J)"J~" .1\ "".tIll':"l.b __~. 40' Ann _ _ _ 1 "" _ & 1 C This program supports the objectives outlined in the Lower West Coast Water Supply Plan. The 1996 Waster Master Plan cost evaluation indicated that expansion of the existing South" County Raw Water 12-MGD Treatment Plant, was the least costly alternative and provided the greatest benefit. 3.4 Potential for Significant and Lasting Benefits Implementation ofthe wellfield has significant and lasting benefits for Collier County by providing the following: . a means to meet the potable demands for cm:rent customers . a means to conserve fresh water resources by treating brackish groundwater to potable water standards . support for regional water management strategies 4.0 Location of the Project The project is located near the SCRWTP in Collier County. Figure 1 is a project location map. The fourteen (14) production wells will be installed within a three mile radius of the SCRWTP. Adequate space and right-of-way is available to construct the wells. Ar.~OA ITE'b NO. (. c... Contract C-13978, Attachment .'A", Page 13 of 15 MAR 1 1 2003 PG. I 5.0 Deliverable Schedule The following table provides a detailed project schedule. The project is estimated to be completed within 12 months. Pre-construction activities will commence in August 1999. Proj ect Schedule -:- -: Task Description Duration (Months) 1 Construction Activities 12 months Total 12 months Contract C-13978. Attachment "A". Page 14 of 15 -.GC/lOA ITE"4? NO. I~ c.. MAR 1 1 2003 PG. .:z. R 2& ' R .,~ ~ '" ~ ~ ...... - t- """l ::::> ~ "' ::. - ~-, ';0< - " C'") ::::> in en '; ci ., LIl -" . I '" '^ 0 '" . 0 -~ '. II 26 E " 25 E - . .r.--~ ~ ~ . LOCATION MAP' MAR 1 1 2003. PG. 33 Contract C-13978, Attachment "An, Page 15 of 15 - - ATTACHMENT "B" . 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'" ~ ..: !:l .5 :s ~ ~ ~ - t>> z:: -= ::s .... = .... e CII -( .9 S ~ .= .... ~ t ::::.':: ~ .... ~ * * * ~ ~ b -( ::c ~ ~ 8 ~ - ~ E--. - ~ ell ~ to.. C ,-, t3 - to.. to.. C ~ t.I:l b ~ - 0 - ] ~ :.J ~ .:3 ~ < ~ ~ ~ to;: ~ s: c ::= - ~ ~ Eo-. [g ~ E-. ~ ~ ~ - w Cl Cl * * * GEN ,~ ITEM J' NO. f t, C-I/L - ~ MtR 1 2003 -jL PG. MEMORANDUM DATE: February 28,2003 FROM: Mohan Thampi, Senior Project Manager PUED Thomas C. Palmer. Assistant County Attorney ~ (Ji"-c.. TO: RE: Time Extensions for Grants RLS In the attached Request for Legal Services you have asked essentially the following: Assumed facts: Collier County must accept offers to extend the time completion pf two (2) projects that are funded by grant money, namely (1) the USEPA Vulnerability Assessment of the County's water system and (2) the SFWMD grant for well construction. The County must execute these extensions before staff can possibly have these actions pre- approved by the BCC. Can Jim Delony, Public Utilities Administrator, accept these extensions on behalf of the before obtaining prior approval from the BCC? REPLY: Assuming that the alleged basis for Mr. Delony's authority to accept either of these extensions are either County Resolution No. 2002- 464 or Collier County Resolution 2000-187, neither Resolution grants this authority to Mr. Delony. This does not bar the possibility that there may be some other basis for delegation of this authority to Mr. Delony, but I have had no time to research any other possible basis for delegation of this authority to Mr. Delony. As the County must accept these extensions before the possibility to obtain pre-approval from the BCC, If acceptable to each of the two granting agencies, Mr. Delony should accept these time extensions on behalf of the County and have these actions affirmed by the BCC as soon as possible. Accepting these extensions is clearly in the County's interest and there is no reason to assume that Mr. Delony will not receive after-the-fact affirmation from the BCC. cc: David C. Weigel, County Attorney h:tcp/memo/03/ Time Extensions for Grants 2-28-03 --, r ~o.'G(j(; ~0 \ MAR 1 , 2003 PG. ~ 7 ~ ITEM NlThffiER: DATE RECEIVED: FlLE NlThffiER: ROUTED TO: REQUEST FOR LEGAL SERVICES (EXPEDITE PROCESSING) DATE: February 28, 2003 TO: Tom Palmer, Assistant County Attorney FROM: Mohan Thampi, P.E., Project Manager, PWED RE: "USEPA Vulnerability Assessment Grant" and "SFWMD Brackish Water Supply Well Grant" Signature Authority to Sign Time Extension Amendment Agreements BACKGROUND OF REQUESTIPROBLEM Collier County was awarded a grant of $114,966 in July 2002 from the USEPA for the Vulnerability Assessment of the Water System. Earlier in October 2001, another grant of $300,000 had been awarded by the SFWMD for brackish (hawthorn aquifer) well construction related to the ongoing SCRWTP 8- MOD Reverse Osmosis Expansion. Both grants do not have matching monetary obligations from the County other than to complete projects within the scope and deadlines defined in the agreement. Both grants had to be executed and returned in less than ten days of receipt. The agreements were executed by the Public Utilities Administrator and Resolution 2000-187 was submitted to indicate signature authority on behalf of the County. These signatures were accepted by both the USEP A and SFWMD fOf the two agreements and also for subsequent SFWMD Amendment No.1 time extension agreement. However, in November 2002 when a new Resolution 2002-464 was approved to expand the County's authorized signatories, it was pointed out that the authorization to execute grant applications did not include signing grant agreements as that authority stayed with the BCC. At this time, both grants have amendment agreements pending to extend the grant agreement completion deadlines. County has been instructed to submit by February 28, 2003, the executed USEPA amendment agreement for extending the deadline from December 31,2002 to March 31, 2003. The SFWMD Amendment No.2 agreement to extend the deadline from April 2, 2003 to July 1,2003 has to submitted by March 3, 2003. Because of proximity of these amendments to the current completion deadlines and other concurrent submission activities related to the two grants, there is insufficient time to go to the BCC to authorize the Public Utilities Administrator or the Public Utilities Engineering Director before the deadlines of February 28 and March 3, 2003. Representatives of the USEPA and SFWMD grants, have indicated that they might wait till the BCC authorizes signature authority to execute the time extension amendment agreements at the March 11, 2003 meeting. This item has not been previously submitted. "'G~NO'" IT(~ NO. I (, ~ MAR 1 1 2003 PG. ACTION REQUIRED: Review request and give a legal opinion on whether the Public Utilities Administrator can sign these two grant amendments for time extensions before the March 11, 2003 BCC meeting but come back to the BCC later with executive summaries reaffirming and authorizing the execution of the time extension grants by the Public Utilities Administrator. OTHER COMMENTS: Both grant projects are nearing completion and these time extension agreements do not have any matching monetary obligations from the County but the County may risk getting audited or losing the grants. County will need to review and redo the resolutions to authorize the BCC to allow Public Utilities Administrators or their designated substitutes to execute grant administration requirements which do not impact scope or have monetary obligations from the County as it is not possible to go to the BCC every time within the deadline time frames given by the grantees. cc: David Weigel, County Attorney Roy Anderson, P.E., Director - PUED File Nos. 70054.04 and 700170.04 "'GENOA ITE~ NO. It, ~ MAR 1 1 2003 PG. EXECUTIVE SUMMARY REQUEST BOARD APPROVAL TO APPLY FOR A LIBRARY SERVICES AND TECHNOLOGY ACT (LST A) GRANT TO UPGRADE THE LIBRARY AUTOMA nON SYSTEM AND PURCHASE TWO SELF-CHECK UNITS. OBJECTIVE: Receive Board approval and signature of Chairman to apply for a Library Services and Technology Act (LSTA) grant to upgrade the Library Automation System and purchase two self- check units for use by the Public. CONSIDERATIONS: The automation system used by all County Public Libraries was originally purchased in 1992, Minor upgrades to the system have been added since then, but it has reached the limit of available upgrades. The vendor will continue to support the software for an undefined time period, but is encouraging users to plan now for replacement. The program is based on a text- only format and is not compatible with a graphical interface such as the Windows Operating System, This limits the services the Library can provide to our users, and increases the amount of training needed to teach new employees how to operate the system. The new self-check units will provide a quick method for patrons who just need to check-out materials and get on their way, leaving staff more time to spend with users who do need additional help. - The grant application does not require the Library to select a new automation system prior to receiving the grant, Library staff will research new systems and work with County Purchasing, Information Technology, and the County Attorney's Office in selecting the new system. FISCAL IMPACT: LSTA grants are provided annually through the Institute of Museum and Library Services, with funds appropriated by Congress, These federal dollars are available to help pay for this type of project. In Florida, these funds are administered by the Division of Library and Information Services, Florida Department of State. The Library is applying for this grant to fund 75% of this purchase, or $175,000, The required matching funds of $60,000 will be available in Impact Fee Funds. The project will be a part of the Impact Fee Fund (355), If funded, the project will be completed in FY2004. GROWTH MANAGEMENT IMPACT: County growth and the resulting higher usage of Library materials and services require the replacement of the current automation system. Besides greater functionality, the Library anticipates increased efficiencies with the newer technologies. ..- Reviewed and A pproved by: DAl1:' ';;/2..6/03 DATE:~3 DATE: .2-/2E 0 Agenpl 1 teLm Ho.L~l? ' MAR 1 1 2003 Pg. L 2003-2004 LST A Application Collier County Public Library Library Automation Upgrade to Improve Patron Access Florida Department of State, Division of Library and Information Services LSTA APPLICATION Application Due: March 15.2002 LIBRARY / ORGANIZATION NAME Collier County Public Library MAILING ADDRESS 2385 Orange Blossom Drive Naples. Florida 34109 PHONE # 239.593.3511 FAX # 239.254.8167 CONT ACT PERSON Marilyn Matthes E-MAIL ADDRESS mmatthes@ccplib.org FEID # 59.6000558 CONTRACTING AGENCY NAME Board of County Commissioners TYPE (check one): . Public 0 K-12 0 Academic 0 Multitype 0 Special 0 State CATEGORY (check one) o Access for Persons Having Difficulty Using Libraries . Library Technology Connectivity and Services PROJECT NAME Library Automation Upgrade to Improve Patron Access PROJECT . New o Continuing LSTA FUNDS REQUESTED $ 175.000 PRIORITY# 1 OF 1 APPLICATIONS SUBMITTED LIBRARY SERVICE AREA POPULATION 270.000 (Cu"~nt Planninl! D~Darlrrr~nt Estimate' NUMBER OF PERSONS TO BE SERVED BY PROJECT 200,000 estimated TARGETED USER GROUP (Check all that apply) Cl Children 0 Youth 0 Adults Cl Older Adults . Mixed Date ~~~Jt, I~ tei MAR 1 1 2003 I Pg. d< 2003-2004 LST A Application Collier County Public Library Library Automation Upgrade to Improve Patron Access B. Introduction The Collier County Public Library is applying for a 2003-2004 LST A Grant to provide more efficient and effective access to electronic information and services for Collier County library patrons-whether they are using materials within a library facility, from their homes, from their offices, or from their schools. The mission of the Library is to 'systematically collect, organize and disseminate in a timely and cost effective manner, a select collection of print and non-print materials and services for the informational, educational, recreational and cultural needs of the residents of Collier County'. Where is CCPL? Collier County Public Library is located in Collier County, on the southern gulf coast of the Florida peninsula, due west of the Miami-Ft. Lauderdale area, Naples, located in the western and coastal area of Collier County, is the largest of the three incorporated cities in Collier County. Everglades City, lies south and east of Naples, and the recently incorporated City of Marco Islands lies south along the Gulf of Mexico. Collier County contains approximately 2,025.45 square miles of land area. The total area, including water areas, is 2,305 square miles. As Library services are planned, this large land area has been taken into consideration. Though there are people living in most parts of the County, the population of Collier County has traditionally been centered in areas along the coastal areas. The eastern part of the County contains environmentally sensitive areas, as well as park areas that cannot be used for housing. As the build-out potential is starting to be realized in coastal areas, building has started to pop-up in the less populated areas away from the coast. Staffing, Locations, and Registered Users In FY2002-2003, the Library has 104,8 full-time equivalent employees. This includes 83 full- time employees, Thirty-nine part-time employees provide the equivalent hours of 21.8 full-time employees hours, The community generously supports the libraries with over 25,000 volunteer hours donated annually by approximately 250 volunteers. Each library is open 64 hours each week. Additionally, the Headquarters Library and the Naples Branch are open 4 hours on Sundays, from October through March. Requests to expand hours at the Headquarters Library will be considered during FY2004 budget planning. The Library maintains an active homebound service to Collier residents unable to physically visit a library The Library system has nine locations throughout the County and provides public library services to all residents of Collier County. There are no public libraries in Collier County that are not a part of the county library system. The Library System opened a new, 42,000 square foot Headquarters Library in 2002. It is located in a high growth area in the northern part of the County. Eight branch libraries provide service to Naples, North Naples, Immokalee, Marco Island, East Naples, Golden Gate, Golden Gate Estates, and Everglades City. These branches range in size from 600 square feet at Everglades City to a 36,000 square foot facility in Naples (the former Headquarters Library). The Immokalee Branch is currently being doubled in size with the assistance of a State Construction grant. Additional and matching funds are available through dedicated Impact fees and public donations. The project should be completed in Summer 2003. Traditionally, the Library has had a high percentage of the population with library cards. AQ.nd~ t..t.l: No. J 0.. MAR 1 1 2003 Pg. 3 2 2003-2004 LST A Application Collier County Public Library Library Automation Upgrade to Improve Patron Access Currently over 70% of the Collier residents have library cards or 191,956 users. Approximately 52% of these people have used their library cards since October 2002. Statistics are not available to show how many people use services or materials within a library but do not checkout materials. Governance and Budget The Library is part of the Public Services Division of county government, along with the Parks and Recreation, Human Services, Domestic Animal Services, and Veteran's Affairs Departments. All are under the direct governance of the Collier County Board of County Commissioners. With an annual operating budget of $5,600,000 (FY2003), the Library System serves a population of 251,400 permanent residents, with another 100,000 visitors during the peak winter season. (2000 Census) Currently the County Planning Department figures show 270,000 permanent residents, with 288,000 expected by 2005. Adding another 40% of winter visitors to this figure results in a population of 400,000 by 2005. Funds from dedicated Library Impact Fees provide approximately $1,000,000 annually for purchase of print, audiovisual, and electronic resources. Special Considerations Several factors need to be kept in mind when considering library services planning for Collier County. As is true of much of Florida, Collier also experiences a large influx of part-time visitors and residents during the colder, winter months. The population increases greatly from January through March, with demands on roads, shopping, restaurants, and services such as libraries at their highest. The permanent population of Collier County has also been increasing rapidly, For examples, during some summer library youth reading programs, the circulation in July as actually exceeded that of January, a traditionally very busy month. The circulation difference between the winter 'season' and the summer used to be greater. But as the number of year-round residents increases, the summer circulation increases also. Collier County residents tend to have higher education levels than the State and national averages. For example, nearly 82% of Collier residents, aged 25 or over are high school graduates, and 28% have a bachelor's degree or higher. Compared to 79.9% with high school degrees in Florida and 80.4% in the United States; and 22.3% of Floridians with a bachelor's degree or higher and 24.4% of the United States. Collier residents include 24.5% who are age 65 or older, compared to 17,6% of Floridians and 12.4% through the United States. Age and Education of Collier County Residents: Collier Florida United States Residents Age 25+ with High School Degree 82% 79,9% 80,4% Residents Age 25+ with Bachelor's degree or higher 28% 22.3% 24.4% Residents Age 65 or higher 24.5% 17.6% 12.4% We must consider large influx of winter residents, the higher than norm educational level and the greater numbers of retirement age residents when planning library services. 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Cl oo:::t "0 CIl = t: ~ ~ e ~ ~<: ~f-o E~ cu_ ::l ~ CIl = ~t;: CIl '" i: cE .... :E Agendj It.eM1 U No. ~ /;;> ) AR 1 1 2003 ~ ~ Pg. ..5 1 I 2003-2004 LSTA Application Collier County Public Library Library Automation Upgrade to Improve Patron Access D. Need Targeted Population This project is intended to provide additional services and capabilities for all library patrons using library electronic resources, from within our libraries and also remotely. Currently the Library has over 191,000 registered users. This represents over 70% of the permanent population of Collier County. Of these users, only 6,000, 3% of registered borrowers, have e-mail addresses they have shared with the Library, either during library card registration or during a continuous campaign to collect patron e-mail addresses. Listed below are some statistics illustrating how Collier County compares to the state averages: Collier Florida . 2001 Population estimates 265,769 16,396,515 . Population change 1990-2000 65.3% 23.5% . Persons under age 5 5,3% 5.9% . Persons under age 18 19.9% 22.8% . Persons age 65 and over 24.5% 17.6% . White 86.1% 78.0% . Black or African American 4.5% 14.6% . Persons of Hispanic Origin 19.6% 1.8% . Median Household Income $42,732 $34,757 The population growth from 1990-2000 has been one of the most significant factors in planning any services in Collier County. As the numbers of retirement age residents increases, so does the number of shops, offices, restaurants, schools-all requiring additional employees. Unmet Needs In defining unmet patron needs in Collier County, we need to look back to information about our population and some special considerations noted above. Collier County has a better-educated population than either the state of Florida or the United States. Therefore, usage of advanced technology, in whatever form it is presented, should be high. But Collier County also has higher percentages of residents over the age of 65 than does Florida or the United States. These are people who have spent most of their adult lives without using computers on a regular basis. A recent survey of library users showed that the majority of the 800 library users returning the survey were age 55 or older. Library users in Collier County need: . Self-Check units for public use. Patrons must wait in line to receive any circulation service, whether it is a simple question, help with overdue materials, help in finding tax forms, and so on. They deserve a fast and simple way to get their routine business completed and get on their way. Yet users with those simple needs of just checking out their books are forced to wait in line. Self-check units would speed these repeat customers on their way-and likely improve their experience with the Library. Some customers would prefer more privacy when checking out materials. Staff notes a lot of comments made about 'reports due soon' when checking out books on social issues, disea ge"de ~em, No. I~ r MAR 1 1 2003 Pg. t, 5 2003-2004 LST A Application Collier County Public Library Library Automation Upgrade to Improve Patron Access marital problems. Some of these uses could be for report writing, however, it is likely that patrons would prefer to keep their reading lists confidential. Self-check out stations are even being used at the K-Mart stores in Collier County. If people shopping at K-Mart can learn to use them, we are confident public library patrons can also learn to use them. Door counters show that over 1,240,000 people visited a Collier library in FY2002. These visitors put a huge burden on the 104.8 FTE staff members as they request services, and a large amount of stress on frontline staff, severely limiting the time available for each transaction. Library users deserve more than a rushed transaction. Several of our busier libraries have resorted to traffic control systems, with posts and lines, to direct and control patron traffic at our circulation desks. Collier County Public Library ranks second in the State in circulation per capita, for libraries with a service population over 150,000. Only Alachua County Library District has a higher circulation per capita in this population group. Florida Librar s, with Service Po ulation Over 150,000* Service Area Circulation Po ulation Total 222,935 2,477,233 264,475 2,281,400 485,178 3,851,156 Sarasota Coun Public Libraries 334,023 2,650,175 * Source: htto://librarvdata.dos.state.fl,us/StatsOuerv.htm (2001 data) Circulation Per ca ita 11.l1 8.63 7.94 7.93 It is obvious that Collier residents make a high use of library materials and actually visit libraries often, In FY2002, each registered user visited a library 15 times. If we base the visits on the percentage of patrons who used their cards, this count doubles to about 30 visits. This grant requests funds to purchase two self-check systems. We anticipate they will be so popular that the public will insist we buy more, Library users in Collier County need: . Easy Access to Electronic Resources. Education and publicity have increased use of the Library's on-line catalog and commercial databases, Over 2,000 people have taken classes in using the Library's electronic resources. We continue to discover, however, that the majority of our users do not use either the on-line catalog or databases. We have even put our web address, in very large letters, on the Library delivery vans. In order for people to use these resources, they must be easy for the public to use. We need to start by replacing our eleven-year old automation system. As the cornerstone of our electronic services, we are stilI using a dinosaur. Usage statistics show that only about 15% of library cardholders are using library electronic resources. The current technology available in automation systems can help convert our dinosaur into a robust, feature-rich, user-friendly and effective system for Collier residents in their search for information. ~~~ndi~ ~e.. 6 MAR 1 1 2003 Pg. 2003-2004 LSTA Application Collier County Public Library Library Automation Upgrade to Improve Patron Access This grant will provide that modern interface and allow us to discard the technology of the last century. Library users in Collier County need: . Easy Access to Up-to-Date Information. Library users deserve current information on what books the library owns. "';hen they place a reserve on a book, they should not be expected to know how the system works. They need to, simply, tell us what book they want. With the current system, however, a reserve may not get them the book, in a timely manner. Because the system is based on old technology, some parts are not as effective as they should be. lt is text-based and has no Windows-type interface. The acquisitions program was so difficult to use, that staff stopped using it several years ago. This means that the order records are not very complete and have to be replaced when the books actually arrive. If someone places a reserve with the old record, they may never see that book! Patrons deserve timely information on the books available and on-order. Purchase of a modern system with grant funds would provide the service Library users deserve. Library users in Collier County need: . Easy Access to Accurate Information. Library users need access to accurate information, as they look to the Library to meet their education, recreational and informational reading needs. The serials service of the current automation system does not provide current and accurate information, mostly because it is so difficult for staff to use and understand. If a library user checks on his favorite magazine from home, sees that the Library has checked it in, he cannot be guaranteed that the issue actually has been received. He might drive a significant distance to find that the issue was a check-in error by a staff member not quite understanding the process. Staff has tried to go back to a manual check-in system, but we do not have enough staff to devote a person at each branch to keeping these records. Patrons deserve timely information on the status of magazines. Purchase of a modern system with grant funds would provide the service Library users deserve. Library users in Collier County need: . Easy Access to Accurate Bibliographic Information When patrons use the Library catalog to fmd subjects, such as books about African-Americans, they will not necessarily find the catalog uses only the descriptor 'African-Americans'. Since the old technology does not provide for a true 'global' replace function, staff cannot search for' Afro- American' and replace it with the more politically correct 'African-American'. Staff must make a lot of manual changes, hoping they remember to check for all of the possibilities-which is not likely. Agen,~ ~e~ No. MAR 1 1 2003 1'9. 2 _ 7 2003-2004 LST A Application Collier County Public Library Library Automation Upgrade to Improve Patron Access As countries change names and as life changes, the current automation system cannot make automatic changes to keep the catalog accurate. Staff time is required to make these manual changes. Patrons deserve to be able to search by current, accurate search terms. Purchase of a modern system with grant funds would provide the service Library users deserve. Library users in Collier County need: . Efficient and effective, customer-friendly library services. Patrons frequently ask: 'Could you tell me when that books comes in?'; Could you tell me when you get a new book on photography?'; or whatever subject is important to them. The current library automation system cannot do this. Collier County is a place where significant numbers of residents came from somewhere else. The frequent phrase, 'but my library back home could ...,', is often heard. Library users deserve to have a notification service, whether it is of their favorite authors, favorite genres, or information of an area for research. The automation system cannot provide this. But there are modern systems that can provide this type of service. Purchase of a modern system with grant funds would enable the Library to provide this type of requested service. Eleven years is a very long time when considering the changes in the technology used to provide service to library users-or to any user group. What functionality we considered 'nice' back then, no longer meets our needs today. Instead of being amazed by what we can do, we ask 'why can't we ..,?' Library patrons are also asking these questions, But there are modern systems that can provide this type of service. Purchase of a modern automation system with grant funds would enable the Library to provide this type of requested service. Library users in Collier County need: . An efficient, effective and well-managed library system. In order to provide materials that people want to read, when they want to read, the Library staff needs to be able to evaluate usage of existing materials, and use professional judgment to anticipate user future needs. Reports, other than the standard reports, are difficult to compose and run. The only person who can run reports is our Library Automation Specialist-who also does any system customizing, trouble shooting, and keeps the system up and running. They seem to take several days to compose and run. And it is not as flexible as staff needs to provide information that can be used to evaluate library services and materials. Staff has previewed reporting functions on newer systems that actually permits any staff member to easily request a report. For example, if a librarian thinks that it was a real busy day or that a particular subject has been unusually popular, he can easily run a quick report, instead of requesting a report from the Library Automation ~:~njr/,?" ,1 MAR 1 1 2003 8 Pg. 2003-2004 LST A Application Collier County Public Library Library Automation Upgrade to Improve Patron Access Specialist and waiting until he has time to run the report. This is information that can be used immediately Staff knows that there are modem automation systems that provide timely information on library services and materials sought by patrons. Purchase of such a system with grant funds would enable the Library staff to use the wealth of data to improve the effectiveness and efficiency of library services to the public. Library users in CoDier County need: . An efficient and effective access to library resources. The Library's automation system is called a 'legacy system', meaning it is old. It may have served the library users well, but it is not intended to be used forever. The vendor has stopped making meaningful changes that improve function and service. The vendor does not guarantee how long the system will be supported. We do know that the automation vendor is encouraging libraries to move on to another system-hopefully their own better product. Compounding this uncertainty is the knowledge that the operating system is also known as a 'legacy system'. Even if our legacy automation system were given an indefinite life span by the automation vendor, either the operating system or server platform could be discontinued. And even if the operating system and the server were given an indefinite lifespan, the system itself is not flexible enough to provide many of the services requested today by library users and staff. The combination system, server and operating system, cannot provide a fraction of the functionality of modem systems. Upgrading the current automation system will allow the library to position itself to incorporate new functions. Acquisitions and Serials modules that are easier for staff to use and keep current would enable patrons to access timely and current information on new materials being added to the collection and the current status of serial issues. A new automation system will also offer much- improved reporting capability over the current system for understanding patron use and future needs. Through this LST A Grant, the Library expects to update our server equipment and automation software, purchase two self-checkout units, thereby using the grant money to improve the efficiency and effectiveness of the electronic and personal customer services offered to residents of Collier County. Library users in Collier County need: . An efficient and effective method to access resources outside of Collier County. The public has not been able to use resources supplied by other organizations, as easily as they should. The Anywhere. Anytime Library. through Tampa Bay Library consortium and the Southwest Florida Library network has been great for patrons who have had a chance to try the system. Patrons who have tried the service are amazed at how quickly a loan can be obtained from a library that could be 150 miles away. AAL combined with DILL! delivery are awesome services. (Distance Learning Library Initiatives. A service that provides delivery of InterLibrary Loan materials via courier between libraries, instead of using the U.S. Post Office,) S ~~~n~ 11)" I MAR 1 1 2003 Pg. a 9 2003-2004 LSTA Application Collier County Public Library Library Automation Upgrade to Improve Patron Access the service has significant problems. Incompatible language-both between computers and between people programming the computers, has caused some delays. For Collier County Public Library, our legacy automation system has necessitated some staff work-arounds to get the program functioning. An updated automation system, designed for greater compatibility with other automation systems would improve our ability to take advantage of these kinds of cooperative efforts that our patrons are taking for granted. A modem automation system is needed to fully participate in OCLC group pilot project. This project, when fully implemented, will allow patrons and staff to see the holdings of other Florida libraries right in our own Z39.50-compliant OPAC, among other things. This would be a huge step up from the Anywhere, Anytime project, but without the cumbersome, buggy interface. Participating in these services could reasonably be considered part of the cost of automation upgrading. Moreover, it was indicated to us at the meeting at UCF a couple of weeks ago that there would likely be an increase in the cost of OCLC services in the vicinity of 25% as a result of rolling out these new services. Purchase of a modem system with grant funds would enable the Library staff to provide better access to these statewide resources to library users in Collier County. How tire Project relates to the Library's Mission Statement and Goals The mission of Collier County Public Library is to 'systematically collect, organize and disseminate in a timely and cost effective manner, a select collection of print and non-print materials and services for the informational, educational, recreational and cultural needs of the residents of Collier County'. The Library System seeks to improve people's lives by: · Providing the most appropriate electronic information delivery system for patrons, · Evaluating and purchasing new and changing technology to meet public demand, · Connecting to relevant information sources outside the library, Training of staff and educating the public in all forms of electronic information literacy, · Empowering the public users with time-saving self-checkouts, and · Controlling costs and improving efficiency of library operations. In reviewing the goals outlined in Gateway to Information through Florida libraries: An Outcomes Plan. 2003-2007, we find a general compatibility and mutual support of Collier's mission statement and goals. Through this LST A grant, Collier County Public Library expects to enhance the access Collier residents have to electronic information resources and services through the Florida Virtual Library. Staff has already used the fledgling Florida Virtual Library as a public relations opportunity to provide in-house classes and outside groups with additional information about using the new databases, as well as the ones paid for with local funds. Staff also includes information on using the on-line catalog. During these discussions, staff learns of additional services our patrons would like to have. An updated, current automation system, with greater flexibility and more functionality will enhance the Library's ability to efficiently and effectively provide accurate on-line information to the public-whether for personal enjoyment, for use in a local school classroom, for . Agenda 1f;rf1 I No. / (~ MAR 1 1 2003 10 Pg. 2003-2004 LST A Application Collier County Public Library Library Automation Upgrade to Improve Patron Access distance learning program, or for job or career enrichment. Library staff will provide training classes for the public, in the use of the new on-line catalog, the Florida Virtual Library, and locally purchased databases. Collier County Public Library continues to provide materials and programs for users of all ages, and to support their lifelong learning through libraries. Programs include story programs for very young children and their parents, toddler craft and story hours, elementary programs to help develop a love of reading, high school web and database classes, adult programs on Feng shui and Yoga, concerts of jazz, bJuegrass, or high school band music, and genealogy classes, to mention just a few. With each program we provide references to library materials, both print and electronic, for additional information or of added interest to the topic. The commercial databases of the Florida Virtual Library, as well as our own resources, are an important part of these programs. As people become more aware of services available, they ask for more. Enhanced access to electronic information and our own holdings would fit well with the new Virtual Library plan. Improving the Library's ability to provide information to users more effectively, efficiently and accurately is a consistent goal of staff. Implementation of a new automation system and the self- checks would have the most impact on this objective. The improved accessibility of the library's on-line resources to people wherever they are will increase the use of these often costly resources. But more importantly, the staff will be able to provide the additional services that people have asked for, 'Save the time of the reader' is a phrase most of us heard in one form or another at Library School. Through modernization of the automated system and use of self-check technology, the Library will be better able to 'save the time of the reader' and provide more effective access to multiple resources. This is the goal that would be most advanced by implementation of a web-based library automation system. The accessibility of the library automation system to patrons at home and business locations will vastly improve the use of the Library's resources. Patrons will be able to place requests for materials from those remote locations. Questions they have about the Library's holdings or interlibrary loan of materials can be communicated easily bye-mail or by phone, Being able to order, track orders, catalog, and then display records of library materials in one integrated automation system will improve efficiency and accessibility of technical services for both library staff and the public. This grant would position Collier County to better participate in future enhancements of the State Library of Florida's 'Virtual Library' project. Increased capabilities of the Collier County Public Library and participation in the 'Virtual Library' project would result in the most comprehensive and efficient means of sharing library resources. Through this automation project, the Collier County Public Library will provide its patrons with better, more efficient service. An upgraded system would enable staff to obtain more immediate and relevant information to use in evaluating services and programs. The addition of self- checkouts would enable patrons to quickly checkout routine materials, and allow staff to spend more time with library users who have circulation or informational questions; E. Inputs Library Staff The Library staff has grown greatly in its ability to manage our own automation needs since 1992, when we first automated. The Library was very fortunate to hire a library catalo er who ~~~n~(/i:). 1 MAR 1 1 2003 11 Pg. /:1 2003-2004 LSTA Application Collier County Public Library Library Automation Upgrade to Improve Patron Access liked computers and liked learning new things. From our initial automation conversion, when the Library server was hosted by the Clerk of Courts' MIS Department, through many equipment and software upgrades, to our current state of self-sufficiency from both the Clerk of Courts and the County Information Technology Department, Library Staff has developed an highly effective website and on-line catalog for the use of the citizens of Collier County. We manage our own network, installing upgrades as needed, and service our own desktop computers, printers, and related equipment. Librarians from aU locations teach public classes in the use of the Internet, the Library's commercial databases, and the Library on-line catalog. Over 1,800 people have attended these classes in the last 2 years. We believe we have maximized our use of our current automation technology and human resources to provide an excellent product to our customers. We want to do more. Library Assistant Director Marilyn Matthes will lead the Automation Task Force. She has over 20 years of experience with Collier County Public Library, including submission of annual State Aid reports and a variety of other grants. She has supervised the automation of the Library system and each subsequent upgrade to equipment, software, and services. She has been the primary staff person to oversee automation projects, working with the County Purchasing, Budget, Information Technology and Finance departments to get the projects implemented. She has also ensured that contracts have been prepared according to directions of the County Attorney and the Board of County Commissioners. She will also evaluate the project with reference to the Library's Long Range Plan. Library Automation Specialist Michael Widner has worked for Collier County Public Library since 1992, though not initially as the caretaker of our automation system. He started as our cataloger, but quickly assumed the responsibility of managing the entire automation system. Starting as a librarian and a computer user, he quickly learned how to keep the network up and circulating materials. He has attended workshops and classes, has learned 'on the job' from vendors hired to install or repair specific aspects of our network, and has a great automation library at his fingertips. He has attended commercial courses such as an extended Cisco workshop, Mr. Widner will assist in the evaluation of new automation systems, co-coordinate the implementation of the new system and serve as a member of the Automation Task Force, Mr. Widner coordinates the Library's in-house web pages, including design. Library Extension Services Manager Marilyn Norris has worked for over ten years in public service areas of Collier County Public Library, both as a branch manager and as a supervisor of branch libraries. She will assist in the evaluation of the functionality of any new automation system considered and will also coordinate training of staff in use of the new system. Technical Support Professional Ruth Szabo has worked for Collier County Public Library for over five years as our first staff member dedicated to keeping the personal computers up and running. She negotiates with vendors for products and competitive pricing, and resolves problems with vendors. She installs and maintains software, and teaches staff how to use new products. She provides preventative maintenance and product evaluation prior to purchase. Ms. Szabo will also participate in staffetraining in use of the new system. She will serve as a member of the Automation Task Force. ~~~ndi~tQ l MAR 1 1 2003 Pg. 13 12 2003-2004 LST A Application Collier County Public Library Library Automation Upgrade to Improve Patron Access Senior Librarian, Cataloging Robert Rodriquez, Senior Librarian, Cataloging, will participate in planning for the automation system. He will direct cataloging and any data conversion found to be necessary. He also directs the Library's InterLibrary Loan Department and our participation, through SWFLN, in the Anywhere Anytime Library. Mr. Rodriguez coordinates the design and content of the Library's external web page. He will assist in the evaluation of new automation systems and serve as a member of the Automation Task Force. Librarian Supervisor, Acquisitions Carol Travis, Librarian Supervisor, Acquisitions, will be responsible for training staff on using a new system to purchase library materials. She will assist in the evaluation of new automation systems and serve as a member of the Automation Task Force. Purchasing Technician Claire Oss will keep the financial records of the grant, communicate budget concerns to the project coordinator during the year, and comply with finance requirements of the mid-year and annual reports. Librarian Supervisors in Reference and Children's Services The heads of the Reference and Children's Departments will participate in several stages of the Action Plan - data collection and functionality assessment, examination of automation options, system specifications and requirements, and implementation of the system. Public Training Coordinators Beth Nagengast and Denise McMahon, Senior Librarian Supervisors will coordinate public training in the use of the new automation system and public-use self-checkouts, including classes and printed information. They will assist in the evaluation of new automation systems and serve as members of the Automation Task Force. Public Information Specialist Linda Fasulo will notify the media, County government officials, and the general public of the grant award and the Library's plans for upgrading computer services and service with the self- check units. She will also assist in the production of any instructional and promotional literature about the program. County Staff: Network Operations Manager The County's Information Systems Department provides technical expertise to the Library System when requested. He will act as a check for the technical information provided by vendors to the Library. He will also advise the Library on any security issues that may affect the entire County network. County Attorney The office of the Collier County Attorney will review and approve any legal contractual agreements that need to be signed by the Board of County Commissioners. Purchasing Department The Purchasing Department will assist in the development of bid request and will ne contractual language with prospective vendors. 13 01 Agen~ IteM No. ~ D \ MAR 1 t ,2003 Pg. /'f 2003-2004 LST A Application Collier County Public Library Library Automation Upgrade to Improve Patron Access Existing Library Infrastructure, including databases, network, WAN, and workstations: Existing Library Database Subscriptions The Library subscribes to eleven commercial databases, many offering full-text articles, as well as abstracts and citations. Additionally, the Library patrons have access to several others that are paid for by the State Library of Florida and the Florida Virtual Library. Usage reports from vendors and web counters on-line are used to evaluate whether we keep the subscriptions. Existing Library Network, WAN Infrastructure, and Public Workstations Collier County Public Library has worked incrementally since we first automated in 1992 to strengthen library automation services for the benefit of library users. The Library has worked to upgrade network and frame relay connections to all locations, In the past twelve months, the bandwidth of three branches has already been increased, a Cisco firewall was installed, and the Internet connection was upgraded to an A TM line. Two of the smaller branches are scheduled to increase their bandwidths this summer. Each time we add additional personal computers to a location, we ensure that the frame relay line is adequate to support the new equipment. The last terminal servers that support the 'dumb' terminals should be removed this summer, as the last library is converted to all personal computers. Library automation staff and staff working in the buildings that still do have dumb terminals and terminal servers eagerly anticipate their demise, The trouble shooting process will be greatly simplified. Currently the DRA Classic system requires the terminal emulation software to provide staff functions like cataloging and circulation if a personal computer is used, rather than the dumb terminal. Upgrading to a system that provides all functions graphically will eliminate the need for any terminal emulation programs and many maintenance problems. Collier County is fiscally conservative and expects county departments to make fiscally responsible decisions with budgeted funds, Therefore, after the initial automation system was purchase, the Library added components as need was shown and funds were available. The original connection to the Internet was accomplished with funds from the Friends of the Library, from the Library's budget, and with the assistance of a Florinet training grant. The County's Clerk of Courts computer department also worked with the Library to initiate Internet service. County Administration and Board of County Commissioners have continued to show their support for upgrading library automation technology by providing funds for the separate reporting module, automated telephone notices and upgrading the servers, the network and the desktop computers. These upgrades have been accomplished through careful local planning and funding, e-rate funding, a Gates Foundation grant that included a computer training lab, software, two servers, and seven additional computers. In addition, the Library received a Community and Library Technology Partnership Grant from the State Library of Florida. With these funds, the library replaced computers in a community park center, connected the center to the Library's frame relay network, and taught community computer classes at the center. The Library continues to pay the frame relay charges and teach classes at the center. Across all nine libraries and the River Park Community Center, the networking infrastructure is in place for implementation of this major, needed automation upgrade. If additional . .n'tP1j3'* HO,_ I MAR 1 1 !OO] Pg. /.5 14 2003-2004 LST A Application Collier County Public Library Library Automation Upgrade to Improve Patron Access needed when a vendor is selected, the Library will make those needed changes. Web Trends and other tracking software Several software programs are'used to track use of on-line resources and particular web pages. Staff uses the data to evaluate the usefulness of parts of our website. Local Matching Funds The Library enjoys good financial support from Collier County, though additional funds would always be welcome. Purchasing decisions, however, are ultimately based on funds available for a particular project. Traditionally, the County has provided continuing support for programs once started. It is more difficult to initiate a new program or service, than it is to support existing programs. We anticipate this funding philosophy to continue. Matching funds for this grant are available through dedicated Library Impact Fees. Since these funds are used for library construction and library materials, staff is reluctant to try funding these proposed technology improvements exclusively through Impact Fees. As the County reaches toward 'build-out', the amount of money available through Impact Fees will decrease. Grant Funds As indicated above, the County tends to support projects once begun, therefore the need for grant funding to initiate this project. Grant funding will enable the Library to move forward expeditiously and provide the needed technological improvements and provide better service to the library users. F. ACTION PLAN Some of the planning and preparation has already started for this project, and actually initiated this grant proposal. As staff members attend national conferences, workshops in neighboring libraries, or visits web sites of other libraries, we already are looking at ways to improve services to our own patrons. Improved service and access is the ultimate goal of this application. Staff has been through this experience and is well versed in the automation process. The Library Staff understands the problems of the existing system and is familiar with the automation market place today. The activities for this grant will move relatively quickly, with most delays caused by the County's required negotiating process. Activities Schedule: October - November 2003 Review capabilities and functionality of automation vendors. Refme specifications, and schedule vendor demonstrations. November 2003 Evaluate and select self-check units. Negotiate contracts for the self-checks, purchase and install by late November. Provide training sessions for the public, as well as printed directions on use. Use installation as a public relations celebration to encourage people to use the self-checks. Provide special activities to highlight the self-checks and to preview the new automation system. December - January 2004 Evaluate specifications and make selection. Start working with Purchasing and County Attorney to negotiate a contract with selected vendor Agenda 1 tem \ No. It;. () 15 MAR 1 1 2003 Pg. / C, 2003-2004 LST A Application Collier County Public Library Library Automation Upgrade to Improve Patron Access February 2004 Request purchase approval of Board of County Commissioners. Sign contract. Enter purchase orders for delivery by August 1, 2004. March 2004 As part of the FY2005 budget process, request funds to purchase additional patron self-checks due to the popularity of the fIrst two. March - May 2004 Start planning with selected vendor for the migration. Evaluate the existing data format and plan time for any needed conversions. Aprill,2004 Mid-year report is due to the State Library. May - July 2004 Train automation staff in use of the new system by vendor representatives. Plan other staff and volunteer training workshops taught by Library automation staff. Produce training classes and printed literature for the public in using the new system. Publicize the coming change; providing printed and on-line demonstrations to the staff and public. August - September 2004 Automation software and hardware are installed by the vendor. The data is converted over an extended weekend. The libraries will close a Friday, Saturday and Sunday for this process. Staff and volunteers will be available after installation to provide individual tutoring to library users, as they need help. Formal training workshops will begin. Plan public demonstrations of new capabilities at commission meetings, local clubs, schools, etc. November 1, 2004 Annual report is due to the State Library. November 2004 - Continue to evaluate systems in terms of how well they meet users needs, and take advantage of local, state, and national resources. Continue to evaluate the project according to the stated outcomes of the Grant. Evaluation The project staff, including the Assistant Library Director, the Library Automation Specialist, and the Library Extension Manager will be responsible for evaluating the project according the project action plan. They will be responsible for gathering and interpreting the evaluation data. 16 Agenda. J t^IW l No. /CPu.. f/ ~,~ 1 1 2003 Pg. /7_ 2003-2004 LST A Application Collier County Public Library Library Automation Upgrade to Improve Patron Access The first objective is that people use technology to get information. Several sources will be used to evaluate this outcome. First, counters will be installed on the Library's web page to count visits to the on-line catalog, the commercial databases, and any web links provided for patrons. Second, staff will collect statistics on people requesting information on using the electronic resources. And third, staff will write a simple survey to use with the public, both in paper and electronic form, to request information of user satisfaction with electronic resources and suggestions for improvement. Surveys will be counted and used to evaluate the effectiveness of the project. The survey will be repeated quarterly. The second objective is that the public learns to use the technology provided. Several methods will be used to determine the projects effects. Staff will record numbers of patrons attending the formal classes, as well as those assisted informally at the library computer stations. Staff will observe and record anecdotes of usage. Staff will also review the class evaluations of any public training class. Evaluations will be used to revise content and ensure that numbers of classes provided are adequate. G. BUDGET (Round all amounts to nearest dollar, Add additional lines if needed to include all information in a section,) SALARIES & BENEFITS Position Title FTE LSTA LOCALISTATE MATCH TOTAL SALARIES N/A N/A N/A CONTRACTUAL SERVICES (List each vendor TOT AL COJ't.'TRACTUAL SERVICES N/A N/A N/A LmRARY MATERIALS nclude e and numbers of materials to be TOTAL LIBRARY MATERIALS SN/A SN/A SN/A TRAVEL I TOTAL TRAVEL I SN/A I SN/A ear and a unit cost ofSI 000 or more $ 55 000 S IS 000 $ 45,000 $ 15,000 S 100 000 S 30000 OTHER (SoeciM Software $ 50.000 $ 30 000 Implementation & Traininl! S 25 000 0 TOTAL OTHER S 75,000 S 30,000 I Totals I $ 175,000 $ 60,000 I GRAND TOTAL $ 235.000 I Agend6 ,U"'\ No , L {) - , MAR 1 1 2003 17 pg. !.~ - .... - ......, 2003-2004 LST A Application Collier County Public Library Library Automation Upgrade to Improve Patron Access BUDGET NARRATION SALARIES AND BENEFITS-: No salaries or benefits will be charged to the grant or used for local match. CONTRACTUAL SERVICES No contractual services will be charged to the grant or used for local match. LIBRARY MATERIALS No library materials will be charged to the grant or used for local match. SUPPLIES No supplies will be charged to the grant or used for local match. TRAVEL No travel will be charged to the grant or used for local match. EQUIPMENT Equipment costs include the self-check units and systems hardware, such as servers. Hardware Cost: Self Check-Outs Automation System Total Equipment $ 60,000 $ 70.000 $ 130,000 OTHER Other costs include the automation software, implementation and training services of vendors installing the automation system and the self-checks. Other Cost: Software Implementation & Training Services Total Other $ 80,000 $ 25,000 $ 105,000 TOTAL PROJECT TOTAL LST A Funds TOTAL Local Match $235.000 $175.000 $ 60.000 - 34% Matching Funds Budget estimates were derived from general information received from several mainstream vendors, since neither an automation system nor self-check units have been selected for purchase. This information is used for estimating purposes only. Recognizing that most of the infrastructure is in place, Library Staff believes these are realistic costs for implementing this project. ~~~nd/l t; \ MAR 1 1 2003 Pg. /9' 18 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: Tom Henning, Chainnan A TrEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to fonn and legal sufficiency: Thom}dp::; r ~ Assistant County Attorney 2003-2004 LST A Application Collier County Public Library Library Automation Upgrade to Improve Patron Access Ag.nd,/~te"' \ No. LIP TJ MAR 1 1 2003 pg. c>2o 19 ,...""""" EXECUTIVE SUMMARY APPROVE AN AGREEMENT WITH RESPECT TO CONTRACT RIGHTS AND OBLIGATIONS FOR THE SANCTUARY SKATE PARK CONCESSION Obiective: To ensure that each parties' rights and obligations remain fulfilled under the Skateboard Park Concession Agreement for the Sanctuary Skate Park. Considerations: The Parks and Recreation Department has a Concession Agreement with Sanctuary Skate Park Collier, Inc, to run the skate park at East Naples Community Park. Huna Designs, Ltd. is purchasing Sanctuary Skate Parks USA, Inc. and its affiliates, The existing Skateboard Park Concession Agreement stipulates that Board of County Commissioners approval is necessary should a shareholder wish to sell, assign transfer or convey stock, An Agreement with Respect to Contract Rights and Obligations has been drafted and approved by Sanctuary and the County Attorney. Under the Agreement Collier County indicates its approval for Sanctuary to sell its shares, but both parties reaffirm the existing Concession Agreement. Fiscal Impact: No fiscal impact is associated with this action, .........., Growth Manaaement Impact: The Sanctuary Skate Park is inventoried in the Growth Management Plan, Recommendation: That the Board of County Commissioners approve the attached Agreement with Respect to Contract Rights and Obligations and authorize the chairmen to sign. Reviewed by: j/J .,.-;' /...,v /. . "'" /(:> / ,v'.{...-? IA-" ./ Submitted by: Date: 2/ z-t? /c,"7 It. Approved by: Date: 2l2.1 (03 Jo Dunnuck, Administrator Divl ion of Public Services .-. Agendllrl:t...em J No . -/JP...JLo<. MAR 1 1 2nD3 Pg. / . AGREEMENT WITH RESPECT TO CONTRACT RIGHTS AND OBLIGA nONS AGREEMENT made this day of , 2003, between Sanctuary Skate Park-Collier, Inc. (Sanctuary) and Collier County, apolitical subdivision of the State of Florida (County). THE BACKGROUND OF TIllS AGREEMENT IS AS FOLLOWS: WHEREAS, Sanctuary and County entered into an Agreement date August 26, 1997, amended June 25,2002, a copy of which is attached hereto; WHEREAS, the Agreement requires prior written consent of the Board of County Commissioners in order to sell, assign, transfer, or convey hislher stock, if the transfer or sale changes the ownership of the Corporation; WHEREAS, Sanctuary and its shareholders have entered into a Stock Purchase Agreement whereby its outstanding shares will be sold to Huna Designs, Inc, (Huna); WHEREAS, it is anticipated that one of the present owners of Sanctuary will continue to be affiliated with Sanctuary following the closing of the Stock Purchase Agreement; WHEREAS, Huna, as the new owner of Sanctuary's shares, wishes that the Agreement with Sanctuary and County will continue; WHEREAS, County approves the proposed transfer of ownership, with the understanding that Huna will own the stock of Sanctuary and Sanctuary will continue to be obligated under the Agreement, as amended; ~~~n~ It/Ifl;;) , M~:. 1 :Z2003 page 1 of2 NOW, THEREFORE, in consideration of the promises and covenants between the parties, and in consideration of the sum of one dollar ($1.00), receipt of which is hereby acknowledged by County, the parties agree as follows: County hereby agrees to the proposed transfer of ownership of the shares of Sanctuary to Huna, with the understanding that Sanctuary will remain obligated to perform under the attached Agreement and First Amendment and be allowed to receive any benefits arising out of that Agreement, as amended. WHEREFORE, the parties have duly executed this Agreement as of the date first above written, ATTEST: SANCTUARY SKATE PARK-COLLIER, INC. By: --Z --- r President BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: By: Ton Henning, Chairman Dwight E, Brock, Clerk Approved as to form and legal sufficiency //f .-----; Agen% ltem- No. D 0 page 2 of2 MAR 1 1 2003 Pg. '1 EXECUTIVE SUMMARY AWARD OF RFP #03-3445, "VANDERBILT BEACH CONCESSION" WITH AN ANTICIPATED REVENUE OF $4200 FOR THE REMAINDER OF FY 03 +- --'. ._._~-_.,----_.--------~-'--~--"---~-_._- Obiective: To continue to provide concession services at Vanderbilt Beach through the use of a contracted vendor. Considerations: Request for Proposal #03-3445 was posted on November 8, 2002 with invitations to bid sent to seven (7) vendors, Opening date was December 6, 2002. The selection committee accepted the proposal of Cabana Dan's, the only respondent. The concessionaire is authorized to sell and/or rent umbrellas, chairs, tubes, rafts, floats, cabanas, caps, drinks, snacks, and to conduct any other lawful activity approved by the Director of the Parks and Recreation Department. The term of the agreement shall be for five (5) years, The general public has responded positively to the concession services at Vanderbilt Beach. ,-- Fiscal ImDact: The County shall receive eighteen (18) percent of the gross monthly revenues or a minimum monthly payment of $700, which ever is greater. Revenue is budgeted in the Beach and Water Park Operations, Concession Fees. Revenue is anticipated to be $4200 for the remainder of Fiscal Year 03. Growth Manaaement ImDact: No Growth Management Impact is associated with this action, Recommendation: That the Board of County Commissioners award Contract #03- 3445 to Cabana Dan's and authorize the C airman to sign the agreement after County Attorney review and approval. ,/; Reviewed by: Os" -;:;Z . r' . '""" o? ;( r...(Jy 1/ 0 / Submitted by: Reviewed by: tL U/4. arIa O. Ramsey, Dir Parks and Recreation ment ~ ~. cail/J Steve Carnell, Dl ector chasing Department Date: 'z,/ 2,5/03 I , Date: 'L (Lh (03 .-.. Approved by: Date:2-(1..7k ,.,genda~ ~."':2 No.~~ MAR 1 , 2~U~ Pg. J Dunnuck, Administrator sion of Public Services ..... EXECUTIVE SUMMARY APPROVE CHANGE ORDER #2 IN THE AMOUNT OF $1,868.25 FOR ADDITIONAL WORK AT GULF SHORE BEACH ACCESS Obiective: To complete the renovation project at Gulf Shore Beach Access while satisfying contractual obligations to the project General Contractor. Considerations: On September 10, 2002, the Board of County Commissioners awarded Work Order #VC-02-01 to Varian Construction Company in the amount of $102,930 for the renovation of the Gulf Shore Beach Access. Since that time, staff has approved Change Order # 1 in the amount of $10,290 for the addition of a concrete fence that was requested by the neighbors. However, the following unforseen expenses necessitate a second Change Order: The amount of fill needed to bring the finished grade up to the proper elevation exceeeded the estimated fill quantity in the bid, Also, a gap in the scope of work between the General Contractor and the County's own site furnishings contractor created additional work not anticipated for installing the site furnishings and brickwork. These changes total $1,868.25, County purchasing policy requires that any change order amount over 10% of the original contract be approved by the Board of County Commissioners. Change Orders #1 and 2 combined exceed the amount allowed by staff authorization, thus requiring Board approval. Fiscal Impact: The necessary funds are budgeted in the Gulf Shore Beach Access project in the Tourist Development Council Fund (195). Growth Manaaement Impact: Gulf Shore Beach Access is inventoried in the Growth Management Plan, Recommendation: That the Board of County Commissioners approve Change Order #2 to Work Order #VC-02-01. 2:/ U 03 /' Submitted by: Reviewed by: Date: z../ Z '-I ).)~3 . Marla 0, Ramsey, D' ect r Parks and Recreation partment -" ~~~nd'c..15e",y MAR 1 1 2003 I Pg. Reviewed by: Approved by: - ~,dJ Cf/ GI(" Steve cdA~ ~1o; Phasing Department ~ Jo unnuck, Administrator Di ision of Public Services Date: 2 (ZS(o,1 Date: .2/?~ k? ~~~n,~ fJ." l,1 MAR 1 1 2003_ Pg. :L- CONTRACT MODICA TION CHECKUSTFORM NAME OF PROJECT: GuJf Shore Beach Access Renovation CURRENT CONTRACT AMOUNT; $113,220.00 CURRENT COMPLETION DATE(S): 12/3102 SUMMARY OF PROPOSED CHANGE(S): Additional fill to bring site up to proper grade. re-installation of brickwork for site furnishings; totally $1.868.25. JUSTIFICATION FOR CHANGE(S): Allowances were made in contract for fill (soil) as exact quantity was only an estimate, final amount exceeded allowance. Additional brickwork necessary as County's own contractor and General Contractor had gap in scope of work overlap. PARTIES CONTACTED REGARDING THE CHANGE: Contractor, Consultant, Parks Director. Project Manager, Inspector PROJECT MANAGER RECOMMENDATION: Amount is justified: request BCe approval of Change Order #2 as amount exceeds 10% of contract amount (work order). IMPLEMENTATION STEPS: . Proposed change is consistent with the existing scope . Change is being implemented in a manner consistent with existing agreement . The appropriate parties have been consulted regarding the change! ~~~n~J ~,tt5,. L( MAR 1 1 2003 Pg. 3 FROM :WM J VARIAN FAX NO. :9413527392 Feb. 14 2003 04:35AM Pi TEL. 239-775-1178 FAX 239-732-0820 CGC 061412 CCC 057950 WM. J. VARIAN CONSTRUCTION CO. GENERAL CONTRACTOR 1400 BLUEPOINT AVE. #101 NAPLES FL. 34102 Change Order # 2 ci . E ~ - CI :a il e <3 .z= c "" CL ... ... r-- rJ CD ,... 0 '0 l ell t't\ '0 \- V. z )( "s N\ <1:1- u.e. . - "" ~ ~ ~ a _ C ~ t) .... ~ .. a 0 <3 1II Q. ... CL ... Date: December 30, 1002 Submit to: Clint Perryman Collier Parks and Rec 3300 Santa Barbara Blvd. Naples Fl34116 Job Name: Gulfshnre Blvd. 13each Access Scope of change: Labor and materials to re-install brick at benches and bike rack: Foreman with truck and tools 8.5 hrs. $340.00 Laborers (3) 25.5 hrs $765.00 Discount ($386.75) Total $718.25 4 loads of dirt and machine time to move dirt from street to end of access 4 loads @ $158.00 5630.00 Machine and labor time S520.00 Total Contract amount Previous changes This change order New Contract amount w~ William J. Varian, CGR President $1150.00 5101,930.00 $10,290.00 51,868.25 S115,088.25 Owner -:.: "." Date: ", . .. . '~'. ..... - _. ....., - - .~ ::. ~ :-.....~~.,=:~.~.~;.-:.~.: :~~ . ~ -. -- ',:':' "'~ "\'~. .:-: ..... -. .,....<~.~~~;~~.>.. TO: William J. Varian Construction Co. 1400 Bluepoint Avenue, #102 Naples, Florida 34102 CHANGE ORDER #2 FROM: Board of Collier County Commissioners Collier County Parks and Recreation Dept. 3300 Santa Barbara Boulevard Naples, Florida 34116 Project No. 10516 Work Order No. VC-02-01 Date: 2/1812003 Date: ;)../, 8' J Q3 I I Date:~ ~~~ndJ~ l1 MaR 1 1 /DC1 .::: Pg. ~ ~ Change Order No, 1 Page 2 Approved by: Date: ~8"~' Approved by: Date:~ ~~~ndt (,1 D~ \ MAR 1 1 2003 : Pg. G, ! EXECUTIVE SUMMARY CONSIDERATION OF REQUEST BY WILLOUGH HEALTH CARE, INC. d/b/a THE WILLOUGH AT NAPLES FOR THE BOARD OF COUNTY COMMISSIONERS TO PROVIDE A LETTER OF SUPPORT TO THE AGENCY FOR HEALTH CARE ADMINISTRATION (AHCA) FOR THEIR REQUEST TO LIFT THE RESTRICTIONS ON THE WILLOUGH'S CURRENT LICENSE TO ALLOW 24 OF 42 EXl.3TING BEDS FOR GENERAL INPATIENT PSYCHIATRIC CARE. .-. OBJECTIVE: Willough Health Care, Inc. d/b/a The Willough of Naples is seeking a letter of support from the Board of County Commissioners to the Agency for Health Care Administration, Health Facility Regulation to lift certain restrictions on the facilities ability to provide care for individuals with psychiatric disabilities. Currently The Willough is restricted to the treatment of adults with certain Eating Disorder diagnoses, and limitations of only 20% admissions from individuals in the region, 39% from the State, and at least 61 % of their admissions being from non-Florida residents, The Willough wishes to convert 24 of their 42 existing beds to provide general inpatient psychiatric care for local and regional purposes with the remaining 18 beds to continue to be used for Eating Disorders, CONSIDERATION: The Department of Children and Families, through the Alcohol, Drug, and Mental Health program has convened a committee to look at the need for inpatient psychiatric resources in Southwest Florida, This committee is comprised of numerous family, consumer, and professionals who are experts in the need for inpatient psychiatric resources in southwest Florida. They recommend and support the Willough's request. With the closure of G, Pierce Woods Hospital in Arcadia and the closure of Charter Glade Hospital in Ft. Myers the number of inpatient beds in Southwest Florida has been dramatically decreased. Supporting this initiative will allow the community additional options in providing services to individuals who require immediate psychiatric attention through the emergency psychiatric involuntary commitment process outlined by the "Baker Act" statutes, It is recommended that the Board of County Commissioners support the Willough's request if the change in license will allow for receiving "Baker Act" clients at their facility. The National Alliance for the Mentally III of Collier County, perhaps one of the best advocates for the provision of mental health services in our region, has lent its support to the Willough's request to operate additional inpatient psychiatric beds. /",,-.... FISCAL IMPACT: There is no fiscal impact. ~-.-\ "lfJl:~~ ' MAR 1 1 2003 - , .;: ---.-.}-- ._- -- .............._.~.........-..~, ,.......--.---...... .- ...,."._.. ~- -I-~ ..-. GROWTH MANAGEMENT IMPACT: There is no direct impact on the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners provide a letter of support for the Willough's request to Me, Jim O'Shea, Executive Director, The Willough of Naples, SUBMITTED BY: Date: d3/ot,/P3 irector, Human Services ' I ~ ~ _ Date: '3/ C,/()3 hn Dunnuck, III, Administrator, Public Services APPROVED BY: - .' 7~-'-'~~' MAR 11 2003 ~ DRAFT -Original to Follow March 11, 2003 Mr. James O'Shea, Executive Director The Willough at Naples 9001 Tamiami Trail, East Naples, FL 34112 Dear Mr. O'Shea: Please consider this a letter of support for the Willough at Naples' application for a certificate of need to convert 24 of its existing 42 licensed Eating Disorder beds to a general adult psychiatric unit. The Collier County Board of County Commissioners understand this conversion will have no change on the current licensed capacity, although it will allow The Willough to treat a comprehensive range of mental health disorders. The mental health needs of Collier and Lee County are great and expanding with continued population growth. The problem of accessibility to specialized inpatient mental health services have become most critical, especially in the past two years with the closure of Charter Glades Hospital in Ft. Myers and the closure ofG, Pierce Wood psychiatric hospital in Arcadia, The Commission is concerned that Collier and Lee County do not have adequate resources to address these acute and critical mental health problems and understand that your request for licensing will also allow your facility to become a "Baker Act" receiving facility in our area, It is also our understanding that you would agree to make any modifications necessary to comply with zoning requirements as the result of this change in status, Therefore, the Commission supports The Willough's proposal to address this need for inpatient psychiatric services in Collier County. The Willough is a provider of long standing and continues to provide quality health care to the residents of Collier County. The Commission recommends that the Florida Agency for Health Care Administration lift the restrictions on The Willough inpatient hospital beds and allow them to provide a full range of mental health services. Sincerely, Tom Henning, Chairman -_.' ~....- .". .,-. "~"", 1 I .. lb.tss- MAR 11 2003 , ____, 2._____ __ - ..- ...._~-.. _-I~_~~" _...:r.-~., ,- EXECUTIVE SUMMARY REQUEST BOARD APPROVAL FOR A FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN COLLIER COUNTY AND CROWN CASTLE GT COMP ANY AT AN ANNUAL COST OF $8,400. OBJECTIVE: Request Board approval for a first amendment to lease agreement between Collier County and Crown Castle GT Company at an annual cost of $8,400. CONSIDERATIONS: On October 26, 1994 the Board approved contract 94-2201 with Ericsson Inc., now MIA COM Private Radio Systems Inc., for construction of the 800 MHz trunked radio system. On June 25, 2002 the Board approved the addition of two sites to the radio system. _. Collier County leased radio tower and equipment space from GTE Mobilnet at 15571 Tamiami Trail East during the initial radio system implementation for a microwave relay site. In January 2000, GTE Mobilnet sold their tower sites to Crown Castle, It has been determined that use of this site will be expanded to accommodate one of the two additional sites previously approved by the Board, The lease amendment authorizes Collier County to install three (3) additional antennas, a radio equipment shelter, and generator at this site, All other conditions in the original lease remain unchanged. FISCAL IMP ACT: A budget amendment in the amount of $4,200 will be required to transfer funds from Fund 188 reserves to increase the FY03 Fund 188 budget for tower site rent. The total increase in tower rental payments will be $8,400 in FY 04. GROWTH MANAGEMENT IMP ACT: None RECOMMENDATION: That the Board of County Commissioners: . Approve the first amendment to lease agreement. . Authorize necessary Budget Amendments .-. REVIEWED BY.I C'<.-A...a~ /'t'- O{. ~ ",. " 3 Michael Dowling, Real Property REVIEWED BY:./ . .--:::::1 ~~~ .) I{, ~? ~ ~!'L ~{2. t!...~ AGE'YQA ITEMl Skip' Camp, Interim Administrative Services Administrator No.L~-g- - MAR 1 1 2003 Pg. / Lessee Site Name: Krehling Site Lessee Site Number: N/A Lessor Site Name: Old Marco Junction Sublessor JOE Business Unit 815580 License Number: 36784 First Amendment to Radio Tower Lease Agreement This First Amendment to.Radio Tower Lease Agreement (this "Amendment") is made this _ day of , 200_, by and between Crown Castle GT Company LLC, a Delaware limited liability company ("Lessor"), and Collier County, a political subdivision of the State of Florida ("Lessee"). WHEREAS, on April 18, 1995, Collier County and GTE Mobilnet of Tampa Incorporated, a Delaware corporation entered into a Radio Tower Lease Agreement (the "Agreement") whereby Collier County licensed from GTE Mobilnet of Tampa Incorporated, certain space at a telecommunications facility located at 15571 Tamiarni Trail East, Naples, Florida (the .'Demised Premises"); and, 'WHEREAS. on January 31, 2000, the Agreement was assigned by GTE WIRELESS OF THE SOurH INCORPORATED, a Virginia corporation (successor in interest by merger to GTE Mobilnet of Tampa Incorporated) to Crown via an Assignment and Assumption Agreement; and, WHEREAS, Lessee desires to amend the Agreement in order to add three (3) antennas and feedlines to Lessee's existing equipment at the Demised Premises and an equipment shelter. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree to be legally bound to this Amendment as follows: 1. Paragraph Two (2) entitled Communication Equipment shall be amended and further supplemented as follows: In coordination with Lessor, Lessee shall add two (2) Decibel DB563K antennas at a Center Line Elevation of 208' and one (1) Decebel DB810KE-XT antenna at a Center Line Elevation of 177'. Lessee shall also utilize two (2) Andrew ill7- 50A (1-5/8") feedlinelcoax cables and one (1) Andrew ID5-50 (7/8") feedline/coax cable. Furthermore, Lessee shall be entitled to add one (1) 11' -6" x 26' Shelter to house Lessee's equipment. The equipment referenced herein is more particularly described on Crown's Engineering Data Sheet entitled Exhibit .'A" attached hereto and made apart hereof this First Amendment to Radio Tower Lease Agreement. 2. Section Four (4) of the Agreement entitled Rent shall be amended and modified to include the following: . Lessee shall pay additional monthly rent in the amount of seven hundred dollars ($700.00) for the new antenna array, coax lines and shelter installed at the ,:o~E'l~J!!~ Prepared by: JA Williams Prepared on: I r.!7/03 MA~ 1 1 2003 Pg. .tJ Lessee Site Name: Krehling Site Lessee Site Number: N/A Lessor Site Name: Old Marco Junction Sublessor IDE Business Unit: 815580 License Number: 36784 Demised Premises. This additional monthly payment shall be added to the monthly rent stated in Section Four (4) of the Agreement. The monthly rent stated in the Agreement, including the additional monthly rental amount mentioned herein shall continue to be subject to any rental increase provisions referenced in the Agreement. 3. All other provisions of the License shall remain in full force and effect. AGENDA ITEM 1 No. /(, -0;'" Prepared by: JA Williams Prepared on: 1/27/03 MAR 1 1 2003 Pg. 1 Lessee Site Name: Krehling Site Lessee Site Number: Nt A Lessor Site Name: Old Marco Junction Sublessor JDE Business Unit: 815580 License Number: 36784 IN WITNESS WHEREOF, the LESSEE and LESSOR have hereto executed this First Amendment to Lease Agreement the day and year first above written, AS TO THE LESSOR: DA TED: Crown Castle GT Company LLC a Delaware limited liability company Witness (signature) BY: Print Name: Henry Perez Title: Vice President! General Manager Region: Florida! Puerto Rico (print name) Witness (signature) (print name) AS TO THE LESSEE: DA TED: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA ATTEST: D\VIGHT E, BROCK, Clerk BY: Tom Henning, Chairman BY: Deputy Clerk Approved as to form and legal sufficiency: Thol1~;mer ?~iM-- Assistant County Anomey N~~?Z~ J-TJM 11 MAR 1 1 2003 \ Pg. .-J 'Crown Castle Online Application ~.~~}!,t Page 1 of 5 EXHIBIT "A" -- Cut Sheet data has been entered on this application. The "Application Quote Approved BV Customer" milestone can not be set until all:c'It sheet data has been cleared. To Clear cut sheet data, click edit link and choose the appropriate manufacturer/model from drop down selection. Application ID: 1093 Date Submitted: 11 Noy 2002 Adding additional antennas to existing Reason for Application: configuration Desired Install Date: 02 Dee 2002 JOE Job Number 37491 Applications are subject to applicable Crown Castle engineering, regulatory, zoning/planning, and priority property- owner approval. Approval conditions may result in alternative requirements for type and/or placement of equipment Approval conditions may also lead to additional or revised engineering analysis at Crown Castle discretion and upon consent of the customer. Company / Contact Information Company: Collier County* * Address: 3301 Tamiami Trail East -* City/Town: Naples-- County: NjA State: FL -- Postal Code: 34112*- Customer Job NjA Number: Primary John Phone: 239-732- Contact: Daly 2531 E-mail: ]ohndaly@colliergoy.net Fax: NjA RF Contact: NjA Phone: NjA E-mail: NjA Antenna Information Site Information Customer Krehling Customer Site Name: Site Site Number: NjA Crown Castle OLD MARCO JUNCTION Site Name: Crown Castle 815580 Site 10: Address: 15571 TAMIAMI TRAIL EAST City/Town: NAPLES State: FL Postal Code: 33961 County: Collier Site Status: NjA Latitude: 260 l' 51.0. Longitude: -810 38' 3: Structure Type: SELF Structure Height: 330 ft SUPPORT Receive Start NjA NjA 806,0 Receive Stop N/A N/A 869.0 Use Orientation Tx Upright Tx Upright Rx Inverted M Azimuth i 124 124 o Cline # Fig. Pos. Eley Mfg. Model 1 2 A 208ft DECIBEL DB563K** 2 2 B 208ft DECIBEL DB563Ku 3 2 B 177ft DECIBEL D6810KE-XT Technology TDMA TDMA COMA Transmit Transmit Start Stop 806,0 869,0 806,0 869.0 NI A NI A Feedline Information # Fig. Pos. Qty Mfg. Model Connector Type Color Code Lengt 1 2 A 1 Primary: ANDREW HJ7-50A N/A blue 258 f Secondary: N/A 2 2 B 1 Primary: ANDREW HJ7-50A N/A blue 258 f Secondary: N/A 3 2 B 1 Primary: ANDREW HJ5-50 N/A yellow 227 f Secondary: N/A Optional Component Information # Fig. Pos. Mfg. 1 2 A N/A 2 2 B NI A 3 2 B 06 products" * Lightning Suppressor Model N/A N/A IS-CT50HN-B-MA I IS-DC50LNZ-MA Mfg. Tower Mounted Amplifier Model Gain (dB) Elev.1 N/A N/A N/A N/A N 0662800 1 Ele' N, N/A N/A DB PRODUCTS ** 'j MAR 1 1 200~ I Pg. 5' t 1 ""'''"' n Crown Castle Online Application Page 2 of 5 Base Station Information Model Max. Transmit Power ERP/EIRP (Watts) Connector Type Transmitter Intermod Protection(if required) Band Pass Filter Manufacturer Band Pass Filter Model Band Pass Filter Range Duplexor Manufacturer Duplexor Model Duplexor Tx/Rx Isolation Station 1 Station 2 M/A-COM" N/A MASTR III N/A 100.0 N/A N N/A M/A-COM N/A N/A- MASTR III N/A 500KHZ N/A NON N/A N/A N/A N/A N/A Manufacturer Building/Pad/Power Requirements Type L W H Power Requirements Building Requirements VAC 240 Phase Singl Phas New Building/Shelter Pre-tab Shelter 26ft 12ft 15ft Amps N/A N/A N/A Generator Needed? 0 Generator Fuel Type 12ft 35ft N/A Generator Fuel 12ft 30ft Tank Size 200 Existing Building/Shelter Floor Space Building Identification Pad Requirements Required Leased Size Pad Size Number of Equipment Cabinets at time of Install 0 Generator Size (kW) Generator To bt Propane Manufacturer suppliel Yes 50kV Generator 250gal Model To b, suppliec Battery Requirements Quantity o Manufacturer N/A Model N/A Comments/ Additional Information Comments: Customer requested pad size to be 12x35 but system would only accept maximum of 30' tor width. Awaiting generator details fror customer- 11/11/02,/1 D,Albertini, AE **Indicates where Cut Sheet data has been entered. NOTICE: Structural Analysis shall be performed in accordance with the current revision af the TIA/EIA 222 standard and applicable local building permit codes and standards. EME analysis shall be consistent with currE revision of FCC/OSHA standard OETB 65. AM detuning, when required, will be performed to 47 CFR22.371. The customer is responsible for all analysis expenses. All construction drawings are subject to Crown Castle engineering approval prior to commencement of tower attachments and compound installations. Installation of equipment not conforming to approved drawings ma) violate the terms of the occupancy agreement and will be corrected at the customers expense. Crown Castle International requires drawings for pre-construction approval and as built drawings for physical configuration validation to be submitted as unlocked AutoCAD fiies (Version 2000i preferred). Appendix A - Antenna & Feedline Specifications Antenna Specifications Quantity Manufacturer 1 DECIBEL 2 DECIBEL * * Feedline Specifications Model DBB10KE-XT DB563K* * Type OMNI Height 174.0 IN Width 2.5 IN Depth 0,0 IN Weight 35.0 F.lat Plate Ar 2,34 FT2 AGENDA ITEM l j No. It-b"" Specification not available, MAR 1 1 2003 Pg. ~ h,.,..."./I......... ,.......:.,..~+......".. ........_..L '" I... "'T_lwr __n . q_._-~-'rT f'rfj' .....__m_1nr\"") 0 ___~>_,_ ' ,...,."....,,('\:1 Crown Castle Online Application Quantity Manufacturer 1 ANDREW 2 ANDREW Model HJs-sO HJ7-s0A Page 3 of .5 Nominal Size Nominal 0.0. 7/S' 1.11 IN l-s/S' 1.9S IN AGENDA ITEM l NO.f/;-g ." MAR 1 1 2003 Pg. !3i ~ ~~ 1'; ~ t~=:g :gg ti~ ; 51? :; il"~ tig i ,,~ n SIDE llC"TS leeS .....El B'Jnow or lOWER StEEl . :\ .' :; : ~:. ~~~~-~l"'OW: 32T-O. ~ n~ n I.ML 11['. 00;. "~~~I2t~'-O' I; 270 n LMI. \ 11['. -. "~..A-2~ 210'-0' ~ ~. ~~,~_~~ ''''-0' ~ 22~ n LMI. _ .u:r. cw;.. "'~Q..A..22).owC 225' -0. c: 206 ,... ;..[wL,. {..~to~ O!:. ::;:.t=.. I ~ S!alGJ_'oa,o...:; ~ 200 n I.ML _ R(r. OW;, .1~~..A..200.DwC :zoe'-Cl. 21:10'-0. ,.. 1e, r: lflt:. tI~,;co;.~~t!' (04)03:.. : ~.u, I)lrl:; 81~;iC_~I!:!J.UJlIrt:, I r: ~ ,,!"1 r'!' lCVC.. (~D:)j;Er' 1ft' !)lit;. 5T):,es:_~'J!~ 10'-Cl" lTT'-C" ',;, '~ r: 1<l~ n Lrvh _ R[f OW:. a~~~:_'_' .~.OWC \45'-C. 8US1N(SS UNll: .1!1MO lo.t~ 10:" .cur bOlO ..cur IlAllC) COWl. c:ouom ALl.ltI. CCUJ[III COUNT't CDUJtIll CC)UtrIT"r HOlTtl. YOIctSTot.W COWEIII CDVNTr 0'-0' 4 o'F5 coweR cou~ AGENDA ITEM \ No. jt,-a-- I MAR 1 1 2003 P9.---X -1---- -- I J--- ! I . I i I ,.. . - -. ! ~ ! I . \ \ \ \ \ \ u \ \ \ \ \ \ \ - \ i I z , ; I If I i! I "w I '\1j I I I I I , I , I ( i :, ~ I I , , 9o:::t0 S I I I I I I I I I I I I . I ~ I 6; . I ! . I I I 1 I . I I I I I I i ~ ~ g: 0.- :~ h!" .... ! g ~ ~;l a:l! y c::, @ ~ '~ ~ 1~1I n it~ :~ ~ii ~ :i~ ~ r-J' -:;.., ~ - W;E :; a;~~ ~ii~ ;ct~ ~ .r i p i AGENDA ITEM l No. /&-g-- MAR 1 1 2001 Pg. I ~ I . I i I I I I I I I I I I I I I I I I I I I I I I I I I .. ~I _+__uu_J ---c-~__~ --~ ------ ________l__ ( C~n --~ :__ ~ n ~~: EXECUTIVE SUMMARY AUTHORIZE TERMINATION FOR CONVENIENCE OF CONTRACT 01-3287 "OFFICE SUPPLIES AND FURNITURE" OBJECTIVE: To obtain Board approval to terminate the existing contract 01-3287 and commence new contract 03-3447 Office Supplies and Furniture. CONSIDERATIONS: On February 11,2003, the Board of County Commissioners awarded a new annual office supplies and furniture contract to Marco Office Supply Inc. That agreement was placed and is now in effect. The County was previously under contract with Corporate Express under contract 01-3287, which has not yet expired. With the awarding of the new contract, staff recommends formally terminating, for convenience, the previous contract with Corporate Express, as it is no longer needed. The recommended form of termination is provided for in the existing agreement. FISCAL IMPACT: There is no fiscal impact resulting from this action. GROWTH MANAGEMENT IMPACT: There is no anticipated growth management impact resulting from this action.. SUBMITTED BY: approves termination of contract 01-3287 for RECOMMENDATION: That convenience as provided in the Date: 2-Z? -os S oU D. Johnson Purchasin Agent Date: 2 (Z.6 (03 REVIEWED BY: .vM Stephen Y. Ca ell, CPM Purchasing/General Services Director /~~ t Skip Camp Interim Administrative Services Administrator Date: 2.../');~/() ~ . REVIEWED BY: AGE~A J.TE> No. /) t:: ,- MAR 1 1 Z003 Pg. I EXECUTIVE SUMMARY APPROVAL TO AWARD BID # 03-3439 "ANNUAL CONTRACT FOR PAINTING CONTRACTORS" TO SPECTRUM PAINT, WM. T. DECKER PAINTING AND TROPEX CONSTRUCTION. OBJECTIVE: To have the Board of County Commissioners award Bid # 03-3439 to multiple vendors (Spectrum Painting, Wm. T. Decker Painting and Tropex Construction) for comprehensive painting services to all Collier County buildings and structures. CONSIDERA TIONS: On November 22, 2002, the Purchasing Department solicited bids for painting services. The bids encompassed comprehensive painting services for all Collier County buildings including interiors to any height or size, exteriors of buildings, and ground areas. The Deparment of Facilities Management is responsible for painting and maintaining over 600 buildings and structures in Collier County. Due to the workload and current demands, award of this bid to multiple vendors, all located near the Naples area, is required. This will allow more availability for painting services and alleviate scheduling conflicts. A total of five (5) bidders responded (see attached tabluation sheet), of which three (3) were selected: Spectrum Paint Wm, T. Decker Painting Tropex Construction Painting services are utilized throughout the County for repairs, remodeling and new construction. Contractors will be used for the duration of the contract based on pricing and their ability to complete the work within the County's time frame. FISCAL IMPACT: Painting expenses average $300,000 annually, based on approved building maintenance and capital budgets. Funds are budgeted in FY 2002-2003 project and operating cost centers. GROWTH MANAGEMENT: There is no impact on the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners award Bid # 03-3439 to Spectrum Paint, Wm. T. Decker Painting and Tropex Construction for comprehensive painting services to all Collier County buildings and structures. Executive Summary AGENDA I~ No,_ IIn f':: _ 6 MAR, 1 1 2003 Pg.--l ,.- Executive Summary Bid # 03.3439 "Annual Contract for Painting Contractors" Page 2 of2 SUBMITIED BY: Daniel R. Rodriguez, Inte ' ector Department of Faciliti Management REVIEWED BY: 1/( -- APPROVEDBY:~~ 'p Camp, CFM, Interim Administrator Administrative Services Division - Date: ~-/?-t?? - Date: 2-l( -03 Date:~h AGEND~ITEM No,~ ~ ,3 MAR 1 1 2003 Pg. 2- . \0 <;l -= u tn '" u .~ -0 Z N U ::l 0.0 'i: "1:l_ o C ~ u c E <ll U Q ~ .: c l. <ll CII~ ~ '" _ U u ''::: ~;.:: C'O l. <ll j:l.,t1., '" ... o "0 <ll J:l s:: o U 0.0 s:: .~ 'to j:l., ... ~ - to) <ll J:l s:: o ,_f.) , sa <: 0 II') II') 0 0 'II') o ~ = II') 0 "1 l"'- I"'- II') II') r--: l"'I <ll .S I"'- "1 II') ..t vi ..t ..t l"'I uQ - ..0 .,.. N l"'I - N N l"'I Z U - N = S Ui l. >. - '" ~ ~ 'te <ll = 0 Q ~ l"'I l"'I u .!! - - 0 - ~~ 'te c. N a l. Eo- ~ ~ ~ ~ ~ ~ ~ ~ .... 0 C 0 '^ II') 00 II') .,.. 00 ii ..J "1 f'! f'! 00 "1 f'! N 00 ~ D. L&. - .,.., N r...: - .,.. 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AGEN t .~ P&- I=< ~ .... g ~ g ~ g g ..; o. = .... ~ - ~ ~ ..... = ~ ~ ~ Cll ;; 0 -; Q j:l., ] "1:l ] ] ] "1:l ] ] = ~ j:l., = iif"M. i.. - O~ a ~ "" 0 0 ~ ... ~ ... -g <ll "" ... ~ ... -g ,~ .. g g = a g, g == .C '" ~ U .C '" J;l pg, o' ~ ~ - ~ - to) ~ - ~ - .... '" '" u ... - '" '" U Io'l 0 0 0 ~ I) = 0 ] 0 U 0 ~ U .c U l:l.. .... U U ~ Po. ...... '0 OIl Cl III a.. 0\ M ~ M . M o ~ .... i= - u ~ .... ~ .. j:l., .. 'C = .. .sa = .S - CIll :; .c CIll E-< EXECUTIVE SUMMARY APPROVAL TO A WARD BID # 03-3464 FOR "FULL SERVICE FOR PROFESSIONAL MOVERS" TO SUN COAST MAYFLOWER, BEST MOVING & STORAGE OF NAPLES AND NAPLES MOVING & STORAGE. OBJECTIVE: To have the Board of Collier County Commissioners award Bid # 03-3464 to Suncoast Mayflower, Best Moving & Storage of Naples and Naples Moving & Storage for full service professional movers. CONSIDERA TIONS: As Collier County government continues to grow, the Department of Facilities Management has a definitive need for moving services to be provided on an as-needed basis. As each department expands or a new structure is built, the occupants must be moved in a professional manner with the least amount of disturbance and loss of valuable work time. On November 22, 2002, formal bid invitations were posted and distributed to 24 vendors that provide this type of service. On December 11, 2002, five (5) bids were received and opened. Staff have reviewed the proposals received and recommends award to the three (3) lowest bidders. (See attached tabulation sheet.) The order of utilization under this contract is recommended as follows: - 1) Suncoast Mayflower 2) Best Moving & Storage of Naples 3) Naples Moving & Storage FISCAL IMPACT: This contract may be utilized by all County Departments. Funds are budgeted in each Department's respective cost center as needed and average approximately $21,000 per fiscal year. GROWTH MANAGEMENT: There is no impact on the Growth Management Plan. RECOMMENDA TION: That the Board of Collier County Commissioners approve award of Bid # 03-3464 for "Full Service Professional Movers" to Suncoast Mayflower, Best Moving & Storage of Naples and Na les Moving & Storage. U~ SUBMITIED BY: Daniel R. Rodriguez eri irector Department of Facllitie anagement REVIEWFDBY:~~~ / ~ Stephen Y. C ell, DIrector Purchasing Department APPROVEDBY..~~-1 LSkip C mp, CFM, Interim Administrator Administrative Services Division Date: ~--'-~ -t:?--? Date: 2, -? 7-0j Date: GENOA ITEM o. It. ~ ..-. Mp~~ 1) 20031 '<t C\I .;..; C a> (/) III a> .~ 15 z ~ a> > o :::a: Cii c .Q III III .E:! o .... a. a> (.) .~ a> en S u.. CD ;:; i= - CJ CD .0 ... a.. N a> ::l Q) ';:: "O"E & a> c E ro a> o~ c ... ro C):::a: :iE III U ,~ CD~ ....... .- o (.) ... ro a..u.. 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"- co a> 'E :0 0 0 0 x - I a> 0 ~ a> a> a> ~ ~ (.) c ~ "C ~ ~ AriE DA }t:T;; ~ 0 .r:. m III III III C\I ~ ~ - m m m He. ... ... ... ... .... ::l III .e .e .e .e .r:. .r:. .r:. 0 ~ 0 CI) e e e .s:::. C e 0 III a> a> a> a> 5- 5- 5 - c m MJ R 1 1 2003 ~ - - - III m CI) ~ ~ ~ ... ... ... ... ~ ~ ~ c. . ~ ~ ~ ~ .E .E .e .r:. p ;. ... - - - - - a> III ::l ::l ::l ::l III III III III C .s:::. ~ 0 0 0 0 0 0 0 0 0 - C J: J: ::I: J: U U U u :::a: If) "- ..... '5 a> Cl co a. "C m ... .g C o ;; .!! :J .a CIS I- 1 f .\" ....' ''''. . ~".' '. /;'~'!"'~''''''~ :t'1ll'",+, ' EXECUTIVE SUMMARY APPROVE STAFF'S SHORT LIST FOR ARCHITECTURAL SERVICES FOR THE DESIGN OF THE EMERGENCY OPERATIONS CENTER, RFP 03-3448. OBJECTIVE: To have the Board approve the short list of architectural firms to provide professional services for the design of the Emergency Operations Center, RFP 03-3448. The facility will be located on Santa Barbara Blvd. adjacent to the new Calusa Park School. The occupants of the facility will be: Emergency ManagementlEmergency Operations Center Emergency Medical Services Operations Communications Information Technology Public Information Studio and Media Briefing Facilities Collier County Sheriff's Substation Collier County Sheriff's 911/Communications Center ,,-.... CONSIDERA TIONS: On October 17, 2002, the County published a Request for Proposal (RFP #03-3448) to provide architectural and design services for design of the Emergency Operations Center Facility. A selection committee comprised of representatives from Facilities Management, Emergency Operations, Purchasing, Sheriff's Department and the County's EMS Department reviewed the five proposals that were received by the due date of November 15, 2002. An initial ranking was made subject to a formal presentation by each of the five firms on January 15,2003. The Selection Committee, by consensus, short listed the following firms: 1, Harvard, Jolley, Clees, Toppe 2, Architects Design Group 3, Barany Schmitt Summers Weaver and Partners, Inc. Staff is requesting authorization to negotiate a Professional Services Agreement with the top ranked firm, Harvard, Jolley, Clees, Toppe and if necessary, to negotiate with the second and third choices. FISCAL IMPACT: In FY '03, $500,000.00 was budgeted for partial design services. The source of funding was from the EMS Impact Fees. The balance needed for complete design services will be budgeted in subsequent years. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan and especially Goal 12 of the Conservation and Coastal Management Element, which requires that the County shall make every reasonable effort to ensure the public safety of people and property from the effects of disasters. -- RECOMMENDA TION: That the Board approve the short list and authorize staff to negotiate a contract with the top ranked chitectural firm, Harvard, Jolley, Clees, Toppe. '7 PREPARED BY: a Crognale, Principal Project Manager epartment of Facilities Management DATE: .-2/.;1-/ h 3 , / - MAR , 1 Pg. / Executive Summary RFP 03-3448 Page 2 REVIEWED BY: DATE: ~"?1/-c!?J Daniel Rodriguez t m Director Department of Facilities Management REVIEWEDBY:~ c;/ (d~ DATE: (- I8-0] Steve Carnell, Director Purchasing Department DA TE: /,/zr),y Ke Pineau, CEM, FPEM, Director Department of Emergency Management REVIEWEDBY:/~~ .' Skip Camp, Interim Ad inistrator Administrative Services Division DA TE: ;/ztA/ ~,- .- AGENj?... ITr. M No. --L!L.:=.tr-S: MAR 1 1 2003 Pg. =--" f I \ L. .~ t ~>< CD C. E o o I'D CD U l.L. ~ 0 CD c:: ~ U)__~wS2 >0 ~~z U ::::l..J< ; ZI:l.C:: C) ... CD E w ~ c = CO 0 ~~ M CD 1._ M= o 0 :U:o C; ~ en CD &.Z o ... "J:! no ... en o CD ....U f).~ CD CD =cn C"c CD C) 0:::._ en CI) C "C C CI Cii l.L. en ... 0 ,n =~c:: v - 'ww~ U CDU~ ~ ~~~ -fi Z I:l. c:: ... <( ::E 0::: o u.. >< ~ .... <( ::E C) z 52 z <( 0::: Q) - CG Q (!) Z ~ Z ~ ; II 1.1.. w :2 w 1= 0::: 1.1.. :2 :2 0 u z 0 ~ U W ..J W C/) Q Z Cl I- 0 0::: C/) U ::c 0::: W C/) .... 1.1.. Cii c o 'Ci) en .! o ... a. l.L. en o C> ffiw~ CDU~ ~c:(Z ::::l..J< ZI:l.C:: l.L. o (J) c:: ~ WW_ CDU~ ~c:(Z ::::l..J< ZI:l.C:: = 1., .s:: (.) co 0) II) - C '0 0.. ^ - ^ :>. .c 0) c 32. CII) e!! 0).9 (.)0) J!!C 0.. 'J:: 1! 0 N~ .s::0) (.) C co.- O)'E u:ie! - .5 in o 0) Q.~ -0 ^- -0 J!3= CII) 'O~ 0..0) ^:E :>'0) .c.s:: 0);' .S.c .::1:.-0 C 0) ~ C C1)'e (.) .... ..!!!,$ Q.O) - -0 .. ..... ,!!! .s::.... (.) 0) co"E 0) 0 0)0) ,5 C .2:-32 o..c Ef!! :J Em >>.g .cO) 'O.s:: ~t- .~~ 0) 0) - - 0)11) "C'C .!!! 's. 0) ....- o ^ (.) - II)^ 0):>. C.c 320) lij,s C::'E co .. .... WO) t-(.) OJ!! Zo.. AGEi'l I}~::S-- No. -() ~ --II MAR 1 f 2003 .3 j .. Pg. L~_ - EXECUTIVE SUMMARY APPROV AL TO AWARD WORK ORDER #VC-02-05 UNDER RFP #02-3349 GENERAL CONTRACTORS SERVICES WITH VARIAN CONSTRUCTION COMPANY FOR THE RENO V A TIONS OF THE 5TH FLOOR COURTHOUSE (FORMER LAW LIBRARY AREA) IN THE AMOUNT OF $172,795.00 FOR NEW OFFICE SPACE FOR THE CLERK OF COURTS. OBJECTIVE: To obtain approval from the Board of County Commissioners to award Work Order #VC-02-0S with Varian Construction Company for renovations to the Sth floor of the Collier County Courthouse for additional office space for the Clerk of Courts. CONSIDERATIONS: On January 27, 2003, formal notices were distributed to the five General Contractors on the annual County Contract. On February 12, 2003, five bids were received and opened in response to the request under RFP #02-3349 for the renovations to the Sth floor Courthouse for the Law Library area, Varian Construction Company was the apparent lowest qualified bidder at $172,79S.00. .-- FISCAL IMPACT: Funds are budgeted in the current Renovation 301 budget. GROWTH MANAGEMENT IMPACT: This request does not impact the County's Growth Management Plan. RECOMMENDA TIONS: That the Board of County Commissioners award Work Order #VC-02-0S to Varian Construction Company for renovations to the Sth floor of the Collier County Courthouse and authorize the Facilities Management Director to sign the Work Order after review and approval by the County Attorney's Office. PREP ARED BY: ~- k Crognale, Pri lpal Project Manager epartment of Facilities Management DATE: ..L/..2C!j/o.3 / / REVIEWED BY: Daniel R. Rodriguez, Int m rector Department of Faci}, . s Management DArn: ~4~ .-. :O~E/I-WU MAR t 1 2003 pg.-L- EXECUTIVE SUMMARY Work Order #VC-02-05 Page 2 REVIEWED BY: -/$-.f2,., ~ _ Cq Stephen Y. Carnell, Director Purchasing Department DATE: APPROVED BY: ..- ett, (-0 r DATE: - 2!-28/03 zh<t/o:l AGEN9" l1".,EMl NO.l.k-6" J MAR 1 1 2003 Pg. ~ . 239-775-1178 Fax 239-732-0820 V VARIAN CONSTRUCTION CO. General Contractor CG C06 14 12 CC C057950 February 12,2003 Fred Latchley Collier Purchasing Department 3301 Tamiami Trail E. Naples Fl34112 BID SCHEDULE HARMON TURNER BUILDING- FIFTH FLOOR RENOVATIONS BID #02-3349- GENERAL CONTRACTORS SERVICES Having become familiar with conditions at the project site and having carefully examined the contract documents, schedules and drawings, the undersigned propose to furnish all materials, labor, and equipment for the entire work in accordance with documents and applicable codes and ordinances for the following lump sum of: Base bid, the lump sum of ONE HUNDRED FORTY NINE THOUSAND FIVE HUNDRED TWENTY DOLLARS AND 001100-{$149,520.00) Add alternate #1 Floor Covering Total Base Bid plusAlt #1 $ 23,275.00 .. $172~7~:~ .. Acknowledge addendum . #1,#2 Br-jf.. J. Vari~n,CG..\RC.AP.. S W.'~ .... SIGNA11JRE' Presid"ent 03-015 1400 Blue Point Ave. # 102 · Naples, FI 34102 ,."",.", l'_"";_~~__""."'" .r+i,.....,.., ,..,...,,...,., BID SCHEDULE HARMON TURNER BUILDING - FIFTH FLOOR RENOVATIONS BID #02-3349 - GENERAL CONTRACTORS SERVICES Having become familiar with conditions at the project site and having carefulfy examined the Contract Documents, Schedules and Drawings, the undersigned proposes to furnish all materials, labor and equipment for the entire work in accordance with the documents and applicable codes and ordinances for the following lump sum of: Base Bid, the Lump Sum of TWO HUNDRED SEVENTEEN THOUSAND AND NINETEEN--------------------------------------OolJars. S217, 019.00 Add Alternate #1 : Floor Covering $ 24,642.00 Total Base Bid plus Alternate #1 $ 241. 661 .00, . By: THE CHR I S -_TEL COMPANY ~ i ~, PRESIDENT Title [Corporate Seaij -~._ r--- _ _... \ 1 \~.~v : MAR 11 2003 Y GENERAL CONTRACTORS 4395 Corporate Square · Naples. FL 34104 · Phone: 239/643-6527 · Fax: 239/643-2767 BID SCHEDULE HARMON TURNER BUILDING - FIFTH FLOOR RENOVATIONS BID #02-3349 - GENERAL CONTRACTORS SERVICES Having become familiar with conditions at the project site and having carefully examined the Contract Documents, Schedules and Drawings, the undersigned proposes to furnish all materials, labor and equipment for the entire work in accordance with the documents and applicable codes and ordinances for the following lump sum of: Base Bid, the Lump Sum of $225.237.00 Two hundred twenty-five thousand. two hundred thirty-seven dollars Add Alternate #1 Floor Cov~ring Total Base Bid plus Alternate #1 $ 24.248.00 $249.485.00' Addenda Recognized: Addendum #1 issued 2/3/03 Addendum #2 issued 2/6/03 Exclusions: Existing Firestopping Conditions Permit Fees By: Bart Zino ~ /, Signature )- Vice President Title -__ .r- ..,....~ - \G.t~ MAR 11 2eG3 CS --~~.., . _......, ~,.--:. T1' .... i, :~~1 . ' -. .--- . ' ~-_..:...._- ---- ---~_. -=-- ...~ -~....~ u.c ClIISl1lIJ:TIlIIIlIImS . IIIWI. CllITRIl:TlIIS CGC Alias BID SCHEDULE HARMON TURNER BUILD'NG - FIFTH FLOOR RENOVATIONS 810 #02-3349 - GENERAL CONTRACTORS SERVICES Having become familiar with conditions at the project site and having carefully examined the Contract Documents, Schedules and Drawings, the undersigned proposes to furnish all materials, labor and equipment. for the entire work in accordance with the documents and applicable codes and ordinances for the following lump sum of: Base Bid, the Lump Sum of '"'\\'''jO 'n~Jnc-\rt.J. &.\~'n.\4lt(.~ ~\'vs<AAA.Ct ~o"r ~vn~l'-t-.t ~e.\,..-"t..rt~ --\-w Q + I:Jc/[oo Dollars. , ~ I 't) l..-ll "2 .'U~ Add Alternate #1 : Floor Covering $ ~ \ I q 00' 00 $ d4.0, '572, M Total Base Bid plus Alternate #1 By: MANAGER Title [Corporate Seal] --~.~. \GCLP MAR 11 2003 U (219) m-5Z!iT 6zanfelm PlantalIOlf1ffiaJ1 . F~rtMyerJ, Rorfda.33~Tl Fax (239) 9395117 BID SCHEDULE HARMON TURNER BUILDING - FIFTH FLOOR RENOVATIONS BID #02-3349 - GENERAL CONTRACTORS SERVICES Having become familiar with conditions at the project site and having carefully . examined the Contract Documents, Schedules and Drawings, the undersigned proposes to furnish all materials, labor and equipment for the entire work in accordance with the documents and applicable codes and ordinances for the following lump sum of: - Base Bid, the Lump Sum of One Hundred Eighty Thousand and Fifty ($180,050.00) Dollars. Add Alternate #1: Floor Covering $ 23,142.00 Total Base Bid plus Alternate #1 $ 203,192.00 ) '2e / ~... / Title [Corporate Seal] \ ~'elt? MAR 1 1 2G03 _l EXECUTIVE SUMMARY ,...-... ....., '\' APPROVE CHANGE ORDER NO.2 (WORK ORDER NO. SC 02-07) WITH SURETY CONSTRUCTION COMPANY IN THE AMOUNT OF $60,013.08 FOR ADDITIONAL WORK RELATING TO THE RENOVATION OF THE PROPERTY APPRAISER'S LEASED BUILDING INCREASING THE TOTAL AMOUNT OF CHANGE ORDERS TO $96,915.71. OBJECTIVE: To obtain Board approval of a Change Order, in the amount of $60,013.08, to increase the scope of work with Surety Construction Company to renovate the Property Appraiser's new building in accordance with Work Order No. SC 02-07. CONSIDERA TIONS: On May 28, 2002, the Board of County Commissioners approved the lease and renovations of the Old Barnett Bank Building (Agenda Item 16 E-6) located at 3285 E. Tamiami Trail to relocate and provide new office space for the Property Appraiser. Five (5) bids were received and Surety Construction Company was the apparent lowest qualified bidder. Subsequent to the initial renovation of the Old Barnett Bank Building, several building systems were found to need additional improvements that were not in the original scope of work, including additional outlets, lighting fixtures, exhaust fans, duct work, electrical generator and minor structural repairs that were necessary to complete the renovation. The cost for these changes total $60,013.08. Funding is available in the current Renovation 301 budget. ,,- FISCAL IMPACT: The fiscal impact of Change Order No.2 is $60,013.08 bringing the total amount of changes order to $96,915.71. Funds are budgeted in the current Renovation 301 budget. The Project will still remain under budget with this proposed change order. GROWTH MANAGEMENT IMPACT: This request does not impact the County's Growth Management Plan. RECOMMENDA TION: That the Board of County Commissioners approve and authorize the Facilities Management Director to execute Change Order No.2 (Work Order No. SC 02-07) in the amount of $60,013.08, with Surety Construction. Date: -2h~3 I Date:M. ,,-.. Approved By: ~"hu Ski C CFM I "1d . . p amp, , ntenm mmlstrator Administrative Services Division Date: d~~) AGE~A 1T~--1 No. -17'_1 - MAR 1 1 1003 pg.-L- CHANGE ORDER CHANGE ORDER NO.2 RFP #02-3349, WO#SC02-07 5/28/02 TO: Terry Kelly Surety Construction Company 28441 South Tamiami Trail #109 Naples, Florida 34134 DATE: February 14, 2003 PROJECT NAME: Property Appraiser Barnett Bank Building PROJECT NO.: 52001 Under our AGREEMENT dated February 14, 2003 .,..... ._.. .,...- 4'-::'. -~...... U ~......' \l.PEl MAR 1 1 2003 ;;L I... _ " -.- . , ~ CHANGE ORDER NO, 2 PAGE 2 You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: Additional Services because fire stop, new fire alarm system, additional fire sprinkler required by Fire Marshall, AfC ducted returns, extra electrical requirements to meet current codes facility was not kept up by Landlord and some hidden areas need additional repairs. For the additive sum of: $60,013.08 Original Agreement Amount $ 382,640.00 Sum of Previous Changes: $ 36,902.63 This Change Order (Add) $ 60,013.08 Present Agreement Amount $479,555.71 The time for completion shall be (increased / decreased) by N/ A calendar days due to this Change Order. Accordingly, the Contract Time is now N/A L ) calendar days. The substantial completion date is N/ A and the final completion date is N/ A . Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment if any, to the Agreement shall constitute a full and final settlement of any and all claims arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: ,19_ CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COU1ER COUNTY, FLORIDA BY: Daniel R. Rodriguez, Interim Director Department of Facilities Management BY: -~.- .~. ~- " u e-\ MAR 11 2003 . ~'.::_ .o~~:.:::_:=... _ ._ \...--. CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Property Appraiser_ PROJECT #: 52001 BID/RFP #: RFP #02-3349 MODIFICATION #: 2 NAME OF FIRM: Surety Construction CONTRACT AMOUNT: ORIGINAL $ 382,640.00 CURRENT $419,542.63 CURRENT COMPLETION DATE(S): ORIGINAL: Februarv 17. 2003 CURRENT: March 17. 2003 SUMMARY OF PROPOSED CHANGE(S): Additional Services include, fire stop, new fire alarm system, additional fire sprinkler required by Fire Marshall, AlC ducted returns, extra electrical requirements to meet current codes. Facility was not kept up by Landlord, and some hidden areas need additional repairs. JUSTIFICATION FOR CHANGE(S): To meet codes and to complete the project in a timely fashion. PARTIES CONTACTED REGARDING THE CHANGE: Skip Camp, Dan Rodriguez, Jack Crognale. IMPLEMENTATION STEPS (Check each before proceeding with change) _ Proposed change is consistent with the scope of the existing agreement _ Change is being implemented in a manner consistent with the existing agreement ?"The appropriate parties have been consulted regarding the change APPROVE: COMM 11/07/02 -~- ~~-~~ ,. . ;..--- \Ut.\ MAR " 2.003 v\ ....~ , SURETY ~CONSTRUCTION COMPANY February 14,2003 Robert Fuente Collier County Gov. Facilities Management 3301 East Tamiami Tr. Naples, Fl. 34112 Attn: Robert Re: Collier County Property Appraiser Renovations (Change Order #2) The following scope of work described below will serve as our proposal to complete the work at the above referenced job. 1) Additional fire stopping per, direction of East Naples Fire Inspector to bring building up tp code, Price: $10,054,04 / Allowance -~ Total ~ 2) Charges encored after reconfiguring of customer counter. The tile and carpet configuration did not conform to the furniture plan and could have been a potential trip hazard at tile to carpet transition. Add 60yrds of carpet, demo tile and patch floor. Price: $3080.00 /' 3) Add additional fire alarm devices to comply with code 61Gl5 per fire plans review. Price: $17,497.00 /' 4) Relocate generator. Owner did not want it where it was shown on original plans. Add for additional underground and overhead wiring. Price:$3,105.00./" 5) Add three way switches in main lobby not shown on original plan. This work was requested by the owner/tenant at the beginning of construction. - Price: $1,628.00 / -.....-3' .r ...- \ltE" MAR , , l~:J S 28441 SoulhTamiamiTrail. Suite 109 Bonita Spmgs. Florida 34134 Telephone (1M 1) 992-6030 FAX (IM1) 992.7971 CGC 1028670 CGC 1031578 CGC 1031632 a . SURETY -U CONSTRUCTION COMPANY 6) Add sixty-five feet of wiremold with six outlets and data boxes in customer service area. The winng W3S rot 57 plans. Pnce: $3,972.00 7) Add five new fixtures not shown on plans but necessary for adequate lighting. Price: $753,00 / 8) Demo wiring laying on ceiling grid per electrical inspector. Price: $450,00 /' 9) Change wiring in existing panel I on second floor from aluminum to 3/0 THHN copper per RFI from TECO BGA. The existing wiring was showing evidence of excessive heating. Price: $1,202,23 /' 10) Remove railing in stairwell 106/206 and replace to comply with LSC 101 chapter 7. Per direction of Development Services plans review, This was not shown on original drawings. Price: $4,158.00 ./' 11) Drywall damaged after removal of casework in mail room. This was not noted for removal on demo plan, It was requested to be removed at the beginning of construction by the owner. Change door location in file room to accommodate roll out files. Added more framing and drywall around vault door, Framed a wall in room 210 to make office. Price: $1,160.00 tI'" 12) Frame and hang drywall on one wall in vault. The stucco was delaminating and it was more cost effective to drywall it. Drywall colunms around two surface mounted electrical panels. -- -- ......-.. Price: $990.00 ./ ,~ 8\ MAR 1 t 20C3 U .. ..._-. 28441 Soulll Tarniami ll"aiI. Suite '09 Bonita spmgs. Florida 34134 Telephone (941) 992-e030 FAX (941) 992-7977 CGC 1028670 CGC 1031578 CGC 1031632 t . SURETY !....J CONSTRUCTION COMPANY 13) Add six new sprinkler heads in conference room 109 per direction of East Naples Fire Inspector. The plans were already altered by the fire sprinkler sub when they went in for permit because what was shown on sheet F10lofthe original bid documents did not meet code. Price: $2,550.00 / 14) Vandalism, Replace two glass storefront doors and sidelights, one fIxed glass window, and drywall damage. Price: $2,197.75 / 15) Duct and install 22 return and supply grills, one bathroom exhaust fan, and water line to Leibert unit not shown on plans, Price: $4,106.00 .,/' 16) Additional drywall patching required because fIre penetrations between partition walls were not expectable to East Naples fire inspector. Price: $ 907.00 /' Totals of all items listed above. Subtotal: $52,810.02 Gen.Con.$ 2,207.46 Subtotal: $5,5017.48 PDL: $ 550.18 Subtotal: $55,567.66 Fee: $ 4.445.42' ./ Total: $60,013.08 "" Sincerely -:t.__ _S. ..,-. SURETY CO STRUCTION COMPANY ~stg. e Estimator \u' C':I MAR 11 2CJ3 Y. 284<l1 South lamiami Trail. Suite 109 Bonita Springs. FIaridIl 34134 Telephone (941) 992-e030 FAX (941) 992-7977 CGC lI028670 CGC _031578 CGC .001632 EXECUTIVE SUMMARY APPROVAL TO SUBMIT A GRANT APPLICATION IN THE AMOUNT OF $41,802 TO PURCHASE SUPPLIES AND EQUIPMENT FOR THE COMMUNITY EMERGENCY RESPONSE TEAM PROGRAM (CERT) AND TO FUND CITIZENS CORPS PROGRAMS. OBJECTIVE: Board of County Commission approval of a no-match grant application for fund to be used to train and equip Community Emergency Response Teams (CERT) and to administer the Collier County Citizens Corps program. CONSIDERATIONS: Collier County government and virtually all Collier County Fire Districts have aggressively developed Community Emergency Response Teams (CERT) and have trained approximately 1,000 team members since its inception four years ago. Training continues to flourish as many residents are answering President Bush's call to volunteer during these troubled times. It is estimated that an additional 300 CER T members will be trained this calendar year. CER T training is conducted over an eight week period for three hours each week. The training consists of modules in disaster preparedness, basic fire fighting techniques, basic first-aid, law enforcement, disaster psychology, and domestic terrorism awareness. A comprehensive exercise .-' will be given on the final class day. The U.S. Department of Homeland Security, through the Florida Division of Emergency Management, has made funds available to communities to train and equip new CERT teams. If awarded this portion of the grant, $24,000, it will be possible to equip new members with personal protective equipment. The CERT equipment kits cost approximately $75 each and would be furnished to the host Fire District at the conclusion of each training class. Collier County is one of the first communities in Florida to develop a Citizens Corps program. Grant funds of $17,802 are available to publicize, inform and educate our citizens to develop disaster plans and to keep them informed of domestic terrorism and natural disaster threats. These funds would be used: 1) to print and distribute disaster preparedness information to the community in English, Spanish and Creole, and 2) to coordinate activities between first responders, volunteer response organizations and the communities they serve. Emergency Management, as the County's liaison to the Citizens Corps Advisory Council, will be responsible for management of the grant. FISCAL IMP ACT: If the application is successful, $41,802 will be placed in the Emergency Management Grants budget - fund 118. _ GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. A~~ IT M No, . MAR 1 1 2C:3 l Pg, RECOMMENDATION: That the Board of County Commissioners approve the grant application in the amount of $41,802 to purchase supplies and equipment for the Community Emergency Response Team (CERT) Program and to fund Citizens Corps programs. SUBMITTED BY: James vo . -J;:.V"\. ~c.~ Date: ?:.( '( (c 3 , FPEM, Emergency Management Coordinator REVIEWED BY: ~(\... ~ '-";....... ~ ~CO/<C'\ . Marlene F oord, Or ts Coor . nator . ,/ '>- ,( .;;t ) APPROVED BY:~ 'n~'" I.,. , 'C~l Date: ..../ ;./~",~A'cJ Kenneth l Pineau, CEM, FPEM, Emergency Managemeht Director Date: ")\ ~\ oS .- .. MAR 1 1 2003 Pg, d FDEM- Engaging Florida's Communities in All-hazard Preparedness FEMA-FY 02 Supplemental Applicant Questionnaire Citizen Corpsl CERT sub-grant Program Applicant Information Legal Name: Collier County Emergency Management Address (give city, county, state and zip code): Collier County, Florida 3301 Tamiami Trail, East 1st Floor, Building F Naples, FL 34112 Employer Identification Number: 59-600558 Agency Contact: Jim yon Rinteln Agency Contact Phone: (239) 774-8444/8911 Agency Contact E-mail: JamesvonRinteln@colliergov.net Agency Contact Fax: (239) 775-5008 To the best of my knowledge and belief, all data in this application are true and correct, the document has been duly authorized by the governing body of the applicant and the applicant will comply with the attached assurances if the assistance is awarded. Type Name of Authorized Representative Phone Number: Tom Henning (239) 774-8097 E-mail: Title Chairman, Collier County Board of County Commissioners samtucker@colliergov.net Date Signed: Signature of Authorized Representative Appr~v~d for form and leaal sufflclency with respect-to Collier County ~ClP~ . , ~ . Count torney ~ED M No. ., MAR 1 1 2003 Pg. -...:3 22. Can all funds provided in the size Sub-grant requested, be spent by your program no later than Dec. 15,2003 --X- yes _ no 23. Does your program understand that any equipmenUsupplies purchased must be for CERT Basic Training. l yes _ no (Expensive radios - those costing more than $100 each, laptop computers, video projectors, vehicles, expensive extrication equipment or any item over $250 individual cost is not permitted.) (In programs requesting $8,000 or more - one laptop and one video projector with combined cost of not more than $2500 will be permitted with special approval by the FDEM-CERT Office - but should be so noted in the application budget information- under supplies, not equipment.) (NOTE: In your budget no $ should be shown for equipment-this item refers to "equipment" costing over $5,000 only, All training Items- shovels, fire extinguishers, extrication hand tools, cribbing, disaster medical items, etc are considered training supplies for Sub-grant purposes). 24. Do you agree to reporting required information on a quarterly basis to the FDEM-CERT Office for this Sub-grant and all information for you total CERT Program as requested, l yes _ no 25. Will your program have a CERT Train-The-Trainer (TIT) Qualified Individual (FEMAlFDEM graduate of CERT TTT-4170r 317 Trainer Course) as Program Manager? l yes _ no 26. Will your program have a CERT Train- The-Trainer (TIT) Qualified Individual (see Q 25) as the Course Manager or Lead Instructor for your Courses? ~ Yes _ No If yes Name, Address, phone number and E-mail address of the individual? Jim von Rinteln or, Rick Zyvoloski, 3301 Tamiami Trail, E., Naples FL 34112, (239) 774-8444, collierem.org (e-mail) 27. How many different CERT Training Courses do you plan to completed by the end of December 2003 under this Sub-grant? Number 12 Estimated average # students/course 25 Any other brief comments you want to submit (enter below line) While both request for grant monies (Citizen Corps and CERT) are in support of existing programs funding thus far has been solely provided by the County Emergency Management Department and the Independent Fire Districts. Additional funding is urgently needed to maintain the existing efforts as well as to expand the programs to include the entire County. ~END No, , , MAR 1 1 2003 Pg, i.f Budget Summary (Instructions on back) Na' 'm'", '8' "a'n"d"c-o"'m .te.-t'e' .a' '";oId' r.e'..s.s....;<';.;~"t!'i}.;~..;;~j,;,it""~:;.~...~,'.:,<');'::;~~~".;::,1~;.~; .,~,',.~," . ;,: , " U," -.: ":}~ .;......__,~.;~~>,'.r- :,._:~,';....,;::'.;;:~><!:...::f..~...~ ~~.;.;~ ~~'.:.;:ti>f~-::-~~""'>:-"::':~'::-";""--: 4a. Personnel 4728 4728 b. Fringe Benefits 307 307 c. Travel 300 300 d. Equipment (only items over $5000) o o e. Supplies 17802 17 802 as described In budget narrative f. Other as described in budget narrative ..:.:~3i(~~,!1~;'": >!." ;ii~~'~fr~~~~~f;~~Tg1.2lf. 17.802 5.335 23.137 5. Totals NO~G~6.Af!r I f' P:~ 2003 Budget Summary (Instructions on back) lete.address 3. .Pro ram Title.and Period:g'<. ., ~~~";;~.~;~~!i[i~~t. ..'~-_..'"~:~~~:''' ..:-:-"':' . - ..---". ..-..... 4a. Personnel b. Fringe Benefits C. Travel d. Equipment (only items over $5000) e. Supplies as described In budget narrative f. Other as described in budget na"ative ~. ~~. ; ~ '-~'-:~~~~:~:~3~~:;:-"~~~:Z~~0-~:'1{~fit~~~}~~~-::!~: ~ :~~~-J;;t 5. Totals - December 2003 .. . 6 . ~. - -- . " .. .. .}~~ ;'~ ~t~-Y~~ ;~: :~.~. :;L~~.,: rid Match""; , ,... ': Total 4500 315 124 o 22 500 1 500 300 24.000 5.239 4500 315 124 o 22 500 1 800 29.239 N/GfND'F/M Ib., I MAR 1 1 2003 Pg, 6 ~\e17._~ ~.,. , 9~ : [-..", ' -; '[Mum · ~lJCIrcu · AN ORDINANCE ESTABLISHING THE COLLIER COUNTY NS ~ CORIJS; PROVIDING FOR: TITLE AND CITATION; FINDING ~4i. 1",\ e,wl'; MEETINGS OF TilE COMMITTEE; FUNCTIONS, POWE ,'_ Pt~ ANn DUTIES 011' TilE COMMI1"EE. AND WORKJNG GROUPS; AI)I)OINTMENT OF MIiMBERS AND TERMS 0... O......ICE; REMOVAL "'ROM on'ICI!: AND "'AlLURE TO ATTIiND MEETINGS; OFFICERS, QUOItUM AND COMPENSA nON; EXPERT CONSULTANTS; REVIEW PROCESS; CONFLICT AND SEVERABILITYj INCLUSION IN THE CODE OF LAWS AND ORDINANCES AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE 02;' 56 WHEREAS, the Nation. State of Florida and Collier County are vulner.lble to a variety of terrorism events including the potential for biological, nuclear, incendiary, chemical and explosive attacks that may result in damages causing substantial injury or harm to the population or substantial damage to or loss of property; and WHEREAS, the President of the United States, through the Office of Homeland Security, has asked our citizens to volunteer through local governments to assist in the fight against terrorism; and WHEREAS, Chapter 125. Florida Statutes, authorizes the ~oard of County Commissioners to adopt an ordinance creating advisory boards or committees; and WHEREAS, it is the intent of Collier County to establish this Citizens COil'S as an advisory committee to coordinate activities within Collier County in order to protect our citizens. to the maximum extent possible. against the terrorism threat. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COM~ISSIONERS OF COLLIER COUNTY, FLORIDA, that: . . l"';" SECTION ONE: TITLE AND CITATION. !" ,. r:, . , . This Ordinance shall be known and cited as the "Collier County Citizens Co~~in~ce:!' : :.;..... SECTION TWO: FlNDINGS OF FAcr~ 1. The Board of County Commissioners ("Board") finds that the President of the United States, through the Office of Homelund Security, hIlS asked our citizens to volunteer through local governments to assist in the fight against terrorism. 2, Chapter 125. Florida Statutes, authorizes the Board to adopt ordinances creating advisory committees. 3, The Board finds that the creAtion of It Citizens Corps ("Committee") is necessary to provide infonnation to the citizens of Collier County and to act as a coordinating agency for ihe AGEND~A 'EM No, '{;_L I . MAR 1 1 2003 Pg. 7 D, Public Infonnat~on Working Group E. Finance/Grants Working Group SECTION FIVE: APPOINTMENT OF VOTING MEMBERS AND TERMS OF OmCE. I , Composition of the Committee. The Committee shall consist of a broad base of citizens and disc:plines. Thc Committee shall consist of eleven (11)- voting members from the following community agencies and organizations: A. Collicr County Sheriff's Office B, Community Emergcncy Response Team (CERT) C. Collicr Emergency Response Volunteers (CERV) D. Collier County Fire Chiefs Association E. Civil Air Patrol (CAP) F, Coast Guard Auxiliary G, American Red Cross H. Salvation Anny l. Retired Scnior Volunteer Program (RSVP) 1, Collicr County Veterans Council K. Collicr County Business/Induslry 2, Appointment of the Committee shall be governed by Collier County Ordinance No. 2001- 55, as it may be amended, or if repealed. by its successor ordinance. 3. Each member shall bc considered a liaison between his or her respective agency and the Committee. Thosc individuals shall be recommended by his or her respective agency to the Board for consideration for appointment to the Committee. Appointments to the Committee shall be approved by the Board of County Commissioners by resolution which shall set fonh' the dace of appointment and term of office of each member. 4. Collier County employees serving as Committee members shall be exempt from the County Manager Administrative Procedure that prohibits employeea from serving on advisory boards aa it is recognized that it is necessary and appropriate that certain specificd Collier County agencies participute as membcrs of thc Committee. S. Tenn of Office. The initial terms of office for the Committee shall be as follows: A. Six members shall serve for three (3) years B. Five members shall serve for four (4) years Thereafter. each appointment shall be for a tenn of four (4) years. 3 AflDpEt No. . MAR 1 1 2003 Pg. ~ enhancement of activities that support emergency services, law enforcement and disuter prevention, preparedness and response. 4. The Board finds that the Committee will assist in the recruitment of volunteers by publicizing and expanding existing community programs such as: Medical Reserve, Neighborhood 5. The Board finds that the Committee is necessary to facilitate communication berween Collier County and State and Federal agencies on mitigation activities as well as [0 enable Collier CounlY 10 identify outside resources such as grants, training opportunities and equipment. SECTION THREE: MEETINGS OF THE COMMITTEE. I. The Committee shall meet on a continuous and regularly scheduled basis. 2. All Committee meetings shall be open to the public and shall be governed by the Florida. Government in the Sunshine Law, All Committee meetings shall be held after reasonable public notice is provided as to Ihe location, time and subject matter of the meetings. SECTION FOUR: FUNCTIONS, POWERS, AND DUTIES OF THE COMMITTEE AND WOUKING GROUPS. I. The Committee shall be responsible for advising the Board of County Commissioners on a wide range of domeSlic terrorism related issues. 2 The Committee shall act as a coordinating agency for the enhancement of activities that support emergency services, law enforcement and disaster prevention, preparedness and response. 3. The Committee shall assist in the recruitment of volunteers by publicizing and expanding existing community programs such as: Medical Reserve, Neighborhood Watch, Community Emergency Response Teams (CERT), Volunteers In Police Service (VIPS) and other public safety and law enforcement programs. 4. The Committee shall act to facilitate communication between Collier County and State and Federal agencies on mitigation activities as well as [0 enable Collier County to identify outside resources such as gr.mts, training opportunities and equipment. 5. The following working groups may be fonned 10 assist the Commiuee with Ihe gathering of information: A. Emergency Services Working Group 8, Volunteer Programs Working Group C, Law Enforcement Work.ing Group 2 r ~NDU"~ No. '/ V I u., MAR 1 1 2003 9 Pg. SECTION SIX: REMOVAL FROM OFFICE; FAILURE TO ATTEND MEETINGS. Removal from office and anendance requirements shall be governed by Collier County Ordinance No. 200 I-55. as it may be amended, or if repealed, by its successor ordinance. SECTION SEVEN: OFFICERS, QUORUM, AND COMPENSATION. 1. Each year the officers of the Committee shall be elected by the membership of the Committee and shall include a Chairman, Vice-chairman, and Secretary from among the Committee members. These officer's terms shall be for a period of one (1) year with eligibility for re-election. A. The presence of six (6) or more members shall constitute a quorum. The Committee may adopt rules of procedure for the transaction of business and shall keep a written record of meetings, findings and detenninations. Copies of all committee meetings and exhibits shall be forwarded to the Board of County Commissioners. 8. The members of the Committee shall serve without compensation, but may be reimbursed. for per diem and travel expenses, only if approved by the Board in advance of any such travel. SECTION EIGHT: EXPERT CONSULTANTS. I. Expert consultants from both the private and governmental emergency services community as listed below arc strongly encouraged to attend each Committee meeting on behalf of his or her respecti ve employer, A. City of Naples B, CilY of Marco Island C, Everglades City 0, Collier County Emergency MedicaJ Services E. Collier County Health Dcpanment F, District 20 Medical Examiner G. Law EnforcementINeighborhood Watch H. Collier County Emergency Management F. Naples Community Healthcare System G. Cleveland Clinic - Naples 2, Formal appointmenl of these expert consultants is nOI required. as each expert consultant is nOI a member of the Committee, and consequently, nOI pennined to vote. 4 r- AGENDf!tA T M I No. '6 -- i I. I I MAR 1 1 2003 I Pg. /() SECTION NINE: REVIEW PROCESS. , The Committee shall be reviewed once every four (4) years commencing in 2006. in accordance with Collier County Ordinance No. 2001-55. as it may be amended. or if repealed, by iu successor ordinance. SECI'ION TEN: CONFLICI' AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction. such portion shall be deemed a separate. distinct and independent provision and such holding shall not affect the validity of the remaining portion, SECI'ION ELEVEN: EFFEcnvE DATE. This Ordinance shall become effective upon receipt of notice from the Department of State that this Ordinance has been filed with the Department of State. SECI'ION TWELVE: INCLUSION IN THE CODE OF LAWS Al"lD ORDINANCES. The provisions of this Ordinance shall become and be made part of the Code of Laws and Ordinances of Collier County, Aorida. The sections of the Ordinance may be renumbered or rc- lenered to accomplish such. and the word "ordinance" may be changed to "section". "article". or any other appropriate word. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County. Florida this ~~ day of '1Jrw-& ""-I. 2002. . " ...... -)' r04r.O'....... " ~~.' ....... ". "." ..~T,.'... " /.~w~afE.\~.kb. Clerk : ':. ~ ..........~:~' \ ~i~;;'~:'~,iJ.. '.~.:~iiir.t'f..~..... ,/ By": ~.1J(;~.J~~~ ft ./ Deputy Clerk ~Att.st II to Cbafr.&l's signature 011,. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA By. ~~ JA~ N. COt A. Cbasnnan ThIs ordinance flied with th. ~ of State's Office the ~of ~lItWqr~ and adrnowledgemant of that flllt:e nICltlYtld this ~ doy of ~~~.~ By. Ooputy ~ Approved us to fonn and legal sufficiency: Ipcdio ty Attorney 5 No~7EN~1M 1'6. r I MAR 1 1 2003 Pg, 1/ ,- -,- -- EXECUTIVE SUMMARY APPROVE A COST -REIMBURSEMENT AGREEMENT, NOT TO EXCEED $75,000, BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY TO UPDATE THE TERRORISM ANNEX OF THE COUNTY COMPREHENSIVE EMERGENCY MANAGEMENT PLAN AND FOR THE DEVELOPMENT OF A COlliER COUNTY CONTINUITY OF OPERATIONS PLAN (COOP), AND APPROVE A BUDGET AMENDMENT TO RECOGNIZE AND APPROPRIATE THE $75,000 AS REVENUE OBJECTIVE: To gain Board of County Commissioners approval to enter into a cost- reimbursement Agreement with the Department of Community Affairs. The Agreement would require Collier County to update the Terrorism Annex of the Comprehensive Emergency Management Plan and to develop a plan for the Continuity of Operations in the event of a natural or technological disaster. CONSIDERATIONS: The Department of Community Affairs has received funding from the Federal government to allow counties to update and revise their existing Terrorism Annex to the CEMP. The Collier County Terrorism Annex was completed in 2001. Funds are also available for the development of a Continuity of Operations Plan (COOP) that will become a part of the CEMP. The COOP will identify six critical services: FirelRescue, Police/Sheriff, Emergency Management, 911 Communications, Public Works/Engineering and Emergency Medical Services, and will analyze the capabilities and vulnerabilities of each of these critical services to ensure that each service is prepared to: . Ensure that Collier County is prepared to respond to emergencies, recover from them and mitigate against their impacts. . Assure that the County is prepared to provide critical services in an environment that is threatened, diminished or incapacitated. . Provide a means of information coordination to the County Government to ensure uninterrupted communications within the internal County organization and externally to all identified critical customers. . Provide timely direction, control and coordination to the County Leadership and other critical customers before, during and after an event or upon notification of a credible threat. . Establish and enact time-phased implementation procedures to activate various Emergency Support functions and other components of the plan to provide sufficient operational capabilities relative to the event or threat to the County. . Facilitate the return of Collier County Government to normal operating conditions as practical based on the circumstances and the threat environment. . Ensure that the COOP Plan is viable and operational, and that it remains compatible with the County and State Comprehensive Emergency Management Plans. NO~Gerf} ~ I . "\ MAR 1 1 2003 ~-3 If the Agreement is approved, Collier County, through its Emergency Management Department, will have to contract the project by competitive bid. The Emergency Management Department does not have sufficient manpower to complete this project by the October 17,2003 deadline set by the Agreement. FISCAL IMPACT: Increase of $75,000 to Fund 118, Emergency Management Grants. GRO\VTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve Agreement #03- FT-IB-09-21-01- _ for the update and revision to the existing Terrorism Annex and for the development of a Continuity of Operations Plan (COOP) and approve a Budget Amendment to recognize and appropriate the $75,000 as revenue. ,....- SUBMITTED BY: Richard yvoloski, Emerge --. AGENPt ITE_M~ No, I" F r r , MAR 1 1 2UUJ Pg, d Contract Number: 03-FT-1B-09-21-01-_ CFDA Number: 83.562 FEDERALLY FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department") and the Collier County Board of County Commissioners (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: A, WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. WHEREAS, the Department has received these grant funds from the federal government, and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Budget and Scope of Work, Attachment B of this Agreement. (2) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES. Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment A, (3) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties and shall end October 17, 2003, unless terminated earlier in accordance with the provisions of Paragraph (9) of this Agreement. (4) MODIFICATION OF CONTRACT: REPAYMENTS. NO~G~D'P~ , . MAR f 1 2003 3 Pg. Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs" and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with 9 215,34(2), Fla. Stat., if a check or other draft is returned to the Department for collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater. (5) RECORDKEEPING, (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMS Circular No, A-11 0, "Grants and Agreements with Institutions of High Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-8?, "Cost Principles for State and Local Governments," OMS Circular No. A-21 , "Cost Principles for Educational Institutions," or OMS Circular No, A-122, "Cost Principles for Nonprofrt Organizations." If this Agreement is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued, and shall allow the Department or its designee, Comptroller, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department or its designee, Comptroller, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department, with the following exceptions: 2 NO~I6~r;.!J ,_ MAR 1 1 2003 Lj Pg.. 1. If any litigation, claim or audit is started before the expiration of the five year period and extends beyond the five year period. the records will be maintained until all litigation. claims or audit findings involving the records have been resolved, 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five years after final disposition. 3, Records relating to real property acquisition shall be retained for five years after closing of title. (c) All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work _ Attachment B - and all other applicable laws and regulations, (d) The Recipient, its employees or agents. including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents, "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a,m, to 5:00 p,m" local time, on Monday through Friday, "Agents" shall include, but not be limited to, auditors retained by the Department. (e) Any additional terms and conditions pertaining to recordkeeping are set forth in Attachment G and all terms and conditions pertaining to property management and procurement under this Agreement are set forth in Attachment H, (6) REPORTS. (a) At a minimum, the Recipient shall provide the Department with quarterly reports, and a close-out report, (b) Quarterly reports are due to be received by the Department no later than the ending date of each quarter of the program year and shall continue to be submitted each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 3D, September 30 and December 31. N:G~D~E~ I . r ' ...... MAR 1 1 2003 5 3 Pg, (c) The close-out report is due 30 days after termination of this Agreement or upon completion of the activities contained in this Agreement. (d) If all required reports and copies, prescribed above, are not sent to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take such other action as set forth in Paragraph (9). The Department may terminate the Agreement with a Recipient if reports are not received within 30 days after written notice by the Department. "Acceptable to the Department" means that the work product was completed in accordance with generally accepted principles and is consistent with the Budget and Scope of Work. (e) Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be required by the Department. (f) The Recipient shall provide additional reports and information as identified in Attachments C and D. (7) MONITORING. The Recipient shall constantly monitor its performance under this Agreement to ensure that time schedules are being met, the Budget and Scope of Work are being accomplished within specified time periods, and other performance goals are being achieved, Such review shall be made for each function or activity set forth in Attachment B to this Agreement. In addition, the Department will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised (see "AUDIT REQUIREMENTS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department. In the event that the Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Department to the Recipient regarding such audit. 4 AGENDA JJ:EM No. {G C. J I ,/ v '" MAR 1 1 2003 Pg. b The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General. In addition, the Department will monitor the performance and financial management by the Contractor throughout the contract term to ensure timely completion of all tasks, (8) LIABILITY. (a) Unless Recipient is a State agency or subdivision, the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768,28, Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies, Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (9) DEFAULT; REMEDIES: TERMINATION. (a) If the necessary funds are not available to fund this Agreement as a result of action by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, or if any of the following events occur ("Events of Default"), all obligations on the part of the Department to make any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth herein. but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies. and without becoming liable to make any further payment: 1, If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if NO~GEJlA~~ I" _"" MAR 1 1 2003 Pg, 7 5 the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; 2, If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the Department, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Department; 3. If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; 4, If the Recipient has failed to perform and complete in timely fashion any of the services required under the Budget and Scope of Work attached hereto as Attachment B, (b) Upon the happening of an Event of Default, then the Department may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to timely cure, exercise anyone or more of the following remedies, either concurrently or consecutively, and the pursuit of anyone of the following remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity: 1. Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (10) herein; 2, Commence an appropriate legal or equitable action to enforce performance of this Agreement; 3. Withhold or suspend payment of all or any part of a request for payment; 4. Exercise any corrective or remedial actions, to include but not be limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non- compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from 6 N/GJ6DA~ I ,1 ~ MAR 1 1 2003 Pg, 8 incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; 5, Exercise any other rights or remedies which may be otherwise available under law; (c) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended, (d) Suspension or termination constitutes final agency action under Chapter 120, Fla, Stat., as amended. Notification of suspension or termination shall include notice of administrative hearing rights and time frames. (e) In addition to any other remedies, the Recipient shall return to the Department any funds which were used for ineligible purposes under the program laws, rules, and regulations governing the use of the funds under the program, (f) This Agreement may be terminated by the written mutual consent of the parties, (g) Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined. (10) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The Department designates Debbie Boyette, Division of Emergency Management, as the Department's Contract Manager. All communications, written or oral, relating to this Agreement shall be directed to her at: 7 AG~DAJJ;EM No, L,~ I .r MAR 1 1 2003 Pg. 9 Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: 850/413-9972 Fax: 850/488-5777 Email: debbie.boyette@dca.state.f1.us The Project Officer for this Agreement is Phillip Johnson. He can be contacted for technical assistance relating to this Agreement at the above address, telephone 850/410-1599 or e-mail phi II ip. joh nson@dca.state.f1.us, (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Richard Zyvoloski, Jr. Coordinator Collier County Emergency Management 3301 Tamiami Trail East Naples, Florida 34112 Phone: 239-774-8444 Fax: 239-775-5008 Email: richardzyvoloski@collergov.net (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (1 O)(a) above. (11) OTHER PROVISIONS, (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County, If any provision hereof is in conflict AGENr~ No. ~ / , , MAR 1 1 2CLJ Pg, /0 8 with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole, (d) The Agreement may be executed in any number of counterparts, anyone of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336,42 U,S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a publiC entity. and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor or discriminatory vendor list. (g) With respect to any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement. the Recipient certifies, to the best of its knowledge and belief, that it and its principals: 9 NO~'f.~1)M / # ~ MAR 1 1 2003 Pg, J I 1, are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3, are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 11 (g)2. of this certification; and 4. have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this Agreement. (12) AUDIT REQUIREMENTS, (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.rn" local time, Monday through Friday, (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. NO~~~ ITjM / v-............ MAR 1 1 2GU Pg, /~ 10 (d) If the Recipient is a State or local government or a non-profit organization as defined in OMS Circular A-133, as revised, and in the event that the Recipient expends $300,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal resources awarded through the Department by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in Paragraph 12 (d) above, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMS Circular A-133, as revised. If the Recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (Le., the cost of such audit must be paid from Recipient resources obtained from other than Federal entities). (e) Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directlv to each of the following: The Department of Community Affairs at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and 11 AG~~ITEM No. ~ f, "- MAR 1 1 2~~J P. /3 Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections'.320 (e) and (f), OMB Circular A-133, as revised. (f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the Department at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (g) Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. (h) Recipients. when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the 12 NO~~~~ / .r MAR 1 1 20u3 Pg. J 1.( ",-<","-";".",.""""..mii_:;;;:~i,_~~.,,,..,.,, reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (i) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued, and shall allow the Department, or its designee, the Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department, or its designee, the Comptroller, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. U} In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non-compliance. (k) The Recipient shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of five years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the five-year period, the records shall be retained until the litigation or audit findings have been resolved. (I) The Recipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. (13) SUBCONTRACTS. (a) If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the executed subcontract must be forwarded to the Department within thirty (30) days after execution of the subcontract. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by all applicable state and federal laws and regulations, and (ii) the subcontractor shall hold the 13 A[~~.HEM No. ~ / If MAR 1 1 2003 Pg. /S Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. (14) TERMS AND CONDITIONS. The Agreement contains all the terms and conditions agreed upon by the parties. (15) ATTACHMENTS. (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A - Program Statutes and Regulations Attachment B - Budget and Scope of Work Attachment C - Quarterly Report Forms Attachment D - Final Closeout Report Form Attachment E - Financial Report/Reimbursement Request Attachment F - Planning Guidance Documents on Compact Disk (16) FUNDING/CONSIDERATION (a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $75,000 subject to the availability of funds. (b) Any advance payment under this Agreement is subject to s. 216.181(16), Florida Statutes. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash Management Improvement Act of 1990. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment I. Attachment I will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. 1. x No advance payment is requested. 14 NO~~Dt!~ / I MAR' 1 1 2003 Pg. /0 2. An advance payment of $ is requested. (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment B of this Agreement. (17) STANDARD CONDITIONS. The Recipient agrees to be bound by the following standard conditions: (a) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (b) This Agreement cannot be extended without an extension of the Federal Grant from which this Agreement is funded, and under this circumstance, this Agreement must terminate no later than seventy five (75) days prior to the termination date of the Federal Grant. Extensions must be mutually agreed upon and shall be valid only when reduced to writing, duly signed by each of the parties hereto by the termination date of the original Agreement, and attached to the original of this Agreement. (c) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (e) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement. (f) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. (g) Tne State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment 15 Pg. provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (18) LOBBYING PROHIBITION. (a) No funds or other resources received from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and 16 AGE~ No. ,~ 1 1 20ti3"\ Pg. contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representative of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31. U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (19) COPYRIGHT. PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Department for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Florida. (c) Within thirty (30) days of execution of this Agreement. the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any 17 Pg. pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph (b), have the right to all patents and copyrights which occur during performance of the Agreement. (20) LEGAL AUTHORIZATION. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. (21) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment J. (22) VENDOR PAYMENTS. Pursuant to Section 215.422, Fla. Stat., the Department shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the Department paying interest at a rate as established pursuant to Section 55.03( 1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State Comptroller's Hotline at 1-800-848-3792. 18 ~rE No. # MAR 1 1 2J~~ Pg. ,;;(0 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. Recipient COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFF AIRS By: By: Name: Tom Hennimr W. Craig Fugate, Director Title: Chairman Division of Emergency Management Date: Date: SAMAS # 52_202510060-52600000-00-03000000 FEID # 59-60000558 ATTEST: Dwight E. Brock, Clerk By: (Deputy Clerk) Approved as to Form and Legal Sufficiency b~ 19 Pg. EXHIBIT - 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and numbet1 - Federal Emergency Management Agency (FEMA) State and Local All Hazards Emergency Operations Planning; FY 2002 Supplemental Funds 83.562 $75,000 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Federal Program: 1. Funding must be used for planning that will assist States, Territories, Indian tribal governments and local governments in preparedness for, and consequence management of, possible terrorist attacks and for other purposes. Funds may be used for: Development or enhancement of local continuity of operations plans and terrorist incident response annexes. Development or enhancement of supporting documents such as Standard Operating Procedures and Risk Assessments. Training related to the development or enhancement of emergency operations and strategic plans. Conducting workshops or other training for local governments related to the development or enhancement of emergency operations and strategic plans. Hiring personnel or contract support that directly support the accomplishment of these tasks. Funding cannot be used for: Training not directly related to development or enhancement of emergency operations and strategic plans. Operational training of first responders. Exercises of any kind or size. The purchase of equipment. To supplant existing Federal, State, or local government funding or existing planning programs. 2. Selection of local jurisdictions located in the State of Florida is based on population size, threat assessment, and vulnerability rating. 3. This Federal Grant period closes on December 31,2003. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: None. SUBJECT TO SECTION 215.97, FLORIDA STATUTES: None. COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: None. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. 20 Pg. Attachment A Program Statutes and Regulations 1. Funding must be used for planning that will assist States, Territories, Indian tribal governments and local governments in preparedness for, and consequence management of, possible terrorist attacks and for other purposes. Funds may be used for: Development or enhancement of local continuity of operations plans and terrorist incident response annexes. Development or enhancement of supporting documents such as Standard Operating Procedures and Risk Assessments. Training related to the development or enhancement of emergency operations and strategic plans. Conducting workshops or other training for local governments related to the development or enhancement of emergency operations and strategic plans. Hiring personnel or contract support that directly support the accomplishment of these tasks. Funding cannot be used for: Training not directly related to development or enhancement of emergency operations and strategic plans. Operational training of first responders. Exercises of any kind or size. The purchase of equipment. To supplant existing Federal, State, or local government funding or existing planning programs. 2. Selection of local jurisdictions located in the State of Florida is based on population size, threat assessment, and vulnerability rating. 3. This Federal Grant period closes on December 31,2003. 4. MANDATORY REQUIREMENTS The local terrorist incident response annex to the local comprehensive emergency management plan must meet the criteria as defined in Part 1 - Local Comprehensive Emercencv Manacement Plan Compliance Criteria and Rule 9G-6 REVIEW OF LOCAL EMERGENCY MANAGEMENT PLANS. These can be found by visiting www.f1oridadisaster.org.Click the link Local Comprehensive Emercencv Manaoement Plan Compliance Criteria at the bottom of the page. It must also follow the sample format for Terrorism Incident Response Annexes in accordance with the FEMA Planning Guidance. The continuity of operations plans shall be developed in accordance with the Continuity of Operations Implementation Guidance, dated September 9, Chapter No. 2002-43, Florida Law, and the Division of Emergency Management's training course entitled Continuity of Operations: Elements of Viability. SUGGESTED GUIDELINES Additionally, the following documents are provided to serve as guidelines in the revision of the terrorism annex: Terrorism Incident Response Annex to the State CEMP Regional Domestic Security Task Force Standard Operating Procedure Template FEMA Planning Guidance, which contains a sample format for Terrorism Incident Response Annexes. Florida Field Operations Guide (FOG) These documents are included in this contract package. 21 , 1 2003 ;<.3 Pg. Attachment B Budget and Scope of Wort I. Proposed Budaet category - . . Ex re Amount Salary ~ Contractual ServiCeS ~ Training,woOO;hoP S Printing ~ Supplies S Other S Total Contract FundS S 75,000 The Recipient shall revise the County Terrorism Annex Plan and develop a County Continuity of Operations (COOP) Plan using the funding indicated below. At each quarterly reporting period, the Recipient shall provide a breakdown of the project finances used for each Plan using the corresponding Quarterly Report Forms, Attachment C, of this Agreement. County Terrorism Annex Plan Revision County COOP Plan 5,000 45,000 If the Recipient succeeds in acquiring services and completing the prescribed planning for less than the budgeted amounts, then it must notify the Department and request authorization to apply unexpended funds to the project and identify their proposed use. Any funds identified in the Proposed Budget for the revised County Terrorist Incident Response Annex not needed for Annex revision will be used for COOP planning in accordance with this Scope of Work. Unexpended COOP funds may be applied to enhance the project through development of additional Plans beyond the six critical services for Collier County. II. Score of Work The Recipient shall revise the County Terrorism Annex Plan and develop a County Continuity of Operations (COOP) Plan applying the standards outlined under the Plan Development Guidelines provided in Section V. Revision and development of these Plans shall be completed no later than October 17, 2003. A. Revision of the Collier County Terrorism Incident Response Plan Annex to the Collier County Comprehensive Emergency Management Plan (CEMP). This will be the guiding document for responding to terrorist incidents, including those involving Weapons of Mass A~~EM No. D ~AR '11 2003 Pg. 2 'I Destruction (WMD). The revised Annex will be designed in accordance with Regional, State, and Federal Plans, guidance and requirements. The revised Annex will address the roles and responsibilities of all appropriate agencies in the event of a terrorist incident. The revised Annex will be organized in accordance with, and contain at a minimum, the information outlined in the Federal Emergency Management Agency (FEMA) Planning Guidance. Copies of the FEMA Planning Guidance, State Plan, and Regional Template are provided on Compact Disk, attached hereto as Attachment F, to serve as guides for revising the Collier County T eITorism Incident Response Plan Annex. B. Collier County COOP Plan. This Plan is to ensure the execution of County mission essential functions without interruption in the event of any emergency or event. The COOP Plans shall be designed using an all-hazards approach which includes localized acts of nature, accidents, technological and/or terrorist related incidents. To provide for the citizens of Collier County, COOP planning will address six critical services: Fire/Rescue, Police/Sheriffs, Emergency Management, 911 Communications, EMS/Ambulance, Public Works/Engineering. The Plans shall be developed in accordance with the Continuity of Operations Implementation Guidance, dated September 9, Chapter No. 2002-43, Florida Law, and the Division of Emergency Management's training course entitled Continuity of Operations: Elements of Viability. Copies of these documents are provided on Compact Disk, attached hereto as Attachment F, to serve as guides for developing COOP Plans for Collier County. III. Eliaible Expenses Funding must be used for planning that will assist States, Territories, Indian tribal governments and local governments in preparedness for, and consequence management of, possible terrorist attacks and for other purposes. Funds may be used for: A. Development or enhancement of local continuity of operations plans and terrorist incident response annexes. B. Development or enhancement of supporting documents such as Standard Operating Procedures and Risk Assessments. C. Training related to the development or enhancement of emergency operations and strategic plans. D. Conducting workshops or other training for local governments related to the development or enhancement of emergency operations and strategic plans. E. Hiring personnel or contract support that directly support the accomplishment of these tasks. IV. Ineliaible Expenses Funding cannot be used for: A. Training not directly related to development or enhancement of emergency operations and strategic plans. B. Operational training of first responders. C. Exercises of any kind or size. D. The purchase of equipment. E. To supplant existing Federal, State, or local government funding or existing planning programs. V. Plan Development A. Revision of the Collier County Terrorism Incident Response Plan Annex. 23 Pg. 1. Provide specific local, regional and state agencies that will be involved in the revision of the Collier County Terrorism Annex. For example: . Local Fire Departments . Local Law Enforcement Agencies . Local Correctional Facilities . Local Health Care Providers . Local Public Works Agencies . Local Emergency Management Agencies . State of Florida . Federal Agencies . Not-for-Profit Agencies . Other Agencies as Necessary 2. Establish how and when the revision of the Collier County Terrorism Incident Response Plan Annex will be completed, including projected dates and goals. This may be done in the form of a project timeline. 3. Revise the current County Terrorism Incident Response Plan Annex in accordance with Regional, State and Federal Plans utilizing FEMA planning guidance provided and submit a draft revised Annex to the Department for review prior to the finalization in accordance with the Reporting Schedule, Section VII. of this Scope of Work. 4. Submit the final version of the revised Collier County Terrorism Incident Response Plan Annex to the Department in accordance with the Reporting Schedule, Section VII. of this Scope of Work. 5. Incorporate the revised Terrorism Incident Response Plan Annex into the Collier County CEMP. B. Collier County COOP Plans for six critical services: Fire/Rescue, Police/Sheriffs, Emergency Management, 911 Communications, EMS/Ambulance, Public Works/Engineering. 1. Prepare and employ a Strategy and Program Management Plan to coordinate activities and ensure consistent COOP Plan development. This Plan should include project milestones and may be prepared in the form of a project timeline or Gantt Chart. 2. Analyze capabilities and vulnerabilities for each of the six County critical services. 3. Review internal Plans and policies general to County operations and specific to each of the six County critical services. 4. Identify codes and regulations with an impact on planning process and plan development general to County operations and specific to each of the six County critical services. 5. Design COOP Plans for each of the six County critical services to: a. Ensure that the County is prepared to respond to emergencies, recover from them, and mitigate against their impacts. b. Assure that the County is prepared to provide critical services in an environment that is threatened, diminished, or incapacitated. 24 Pg. c. Provide a means of information coordination to the County government to ensure uninterrupted communication within the internal organization of the County and externally to all identified critical customers. d. Provide timely direction, control, and coordination to the County leadership and other critical customers before, during, and after an event or upon notification of a credible threat. e. Establish and enact time-phased implementation procedures to activate various components of the Plan to provide sufficient operational capabilities relative to the event or threat thereof for the County. f. Facilitate the return of County government to normal operating conditions as soon as practical based on circumstances and the threat environment. g. Ensure that the County's COOP Plan is viable and operational, and that it remains compatible with Florida's Comprehensive Emergency Management Plan. 6. Utilize essential elements of viability to ensure a baseline of preparedness across the full range of potential emergencies. The Plans shall address the following elements: a. Plans and procedures b. Mission essential functions c. Delegations of Authority d. Orders of Succession e. Alternate Facilities f. Interoperable Communications g. Vital Records and Databases h. Logistics and Administration i. Personnel Issues and Coordination j. Security k. Test, Training, and Exercise I. Program Management 7. Develop a concept of operations for the COOP Plans which can: . Be maintained at a high level of readiness; . Be capable of implementation both with and without warning; . Be operational no later than 12 hours after activation; . Maintain sustained operations for up to 30 days; and, . Take maximum advantage of existing County infrastructures. 8. Prepare COOP Plans which assign responsibilities. establish procedures, and focus on the following objectives: . Ensure the safety of personnel and visitors; . Provide for the ability to continue essential operations; . Contain provisions for the protections of critical equipment, records. and other assets; . Maintain efforts to minimize damage and losses; . Contain provisions for an orderly response and recovery from any incident; . Serve as a foundation for the continued survival of leadership; and, . Assure compliance with legal and statutory requirements. 9. Utilize a time-phase operational approach to include Activation, Alternate Operations, and Reconstitution and Termination. 25 Pg. 10. Submit COOP Plan outlines for each of the six critical services to the department for review in accordance with the Reporting Schedule, Section VII. of this Scope of Work. 11. Submit draft COOP Plans for each of the six critical services to the department for review in accordance with the Reporting Schedule, Section VII. of this Scope of Work. 12. Submit final versions of COOP Plans for each of the six critical services to the Department in accordance with the Reporting Schedule, Section VII. of this Scope of Work. VI. ReportinQ ReQuirements and Reimbursement A. Quarterly Reports shall be submitted for each Plan in accordance with this Agreement and Section VII, Reporting Schedule, of this Scope of Work using the corresponding Quarterly Report Form provided for each Plan, attached hereto as Attachment C. The Quarterly Reports are due to the Department no later than the end of each quarter of the program year and shall continue to be submitted each quarter until submission of the administrative closeout report. The Quarterly Report shall provide the status of documentation requirements in accordance with the Plan Development (Section V.) of this Scope of Work, as well as a breakdown of the project finances used for each Plan. B. Reimbursement may be requested on a quarterly basis as needed, and will be based on activities and expenses as reported in accordance with the Reporting Schedule, Section VII of this Scope of Work. Funds will be reimbursed upon submission of the corresponding Quarterly Report, Attachment C, and the submission of an approved Financial Report! Reimbursement Request for payment, Attachment E. Funds are to be expended in accordance with the Budget and Scope of Work. Final Reimbursement Requests shall be received by the Department no later than November 17, 2003. C. A full accounting for the expenditure of the $75,000 will be contained in the Final Closeout Report (Attachment D), which is due 30 days after the termination of this Agreement or upon completion of the activities contained in this Agreement, and prior to final disbursement of funds under this Agreement. VII. ReportinQ Schedule A. First Quarter Report, provide at a minimum: 1. Revised Collier County Terrorism Incident Response Plan Annex: a. Agency List for the revision of the Collier County Terrorism Incident Response Plan Annex. b. Project Timeline for the revision of the Collier County Terrorism Incident Response Plan Annex. c. Estimated Budget Plan for the revision of the Collier County Terrorism Incident Response Plan Annex. d. Reimbursement request for funds expended during reporting quarter, with supporting backup documentation, including copies of vendor invoices, cancelled checks and purchase orders. 2. Collier County COOP Plans: 26 P-g. a. Agency List for the development of the Collier County COOP Plans for the six critical services: Fire/Rescue, Police/Sheriffs, Emergency Management, 911 Communications, EMS/Ambulance, Public Works/Engineering. b. Strategy and Program Management Plan for the Collier County COOP Plans. c. Estimated Budget Plan for the Collier County COOP Plans. d. Reimbursement request for funds expended during reporting quarter, with supporting backup documentation, including copies of vendor invoices, cancelled checks and purchase orders. B. Second Quarter Report, provide at a minimum: 1. Revised Collier County Terrorism Incident Response Plan Annex: a. Updated Project Timeline for the revision of the Collier County Terrorism Incident Response Plan Annex. b. Reimbursement request for funds expended during reporting quarter, with supporting backup documentation, including copies of vendor invoices, cancelled checks and purchase orders. 2. Collier County COOP Plans: a. County Capability Analysis and Vulnerability Assessment for the six critical services. b. County Internal Review Results to include list of Authorities and References. c. Outline for County COOP Plans for the six critical services. d. Updated Strategy and Program Management Plan for the Collier County COOP Plans. e. Reimbursement request for funds expended during reporting quarter, with supporting backup documentation, including copies of vendor invoices, cancelled checks and purchase orders. C. Third Quarter Report, provide at a minimum: 1. Revised Collier County Terrorism Incident Response Plan Annex: a. Draft revision of the Collier County Terrorism Incident Response Plan Annex. b. Updated Project Timeline for the revision of the Collier County Terrorism Incident Response Plan Annex. c. Reimbursement request for funds expended during reporting quarter, with supporting backup documentation, including copies of vendor invoices, cancelled checks and purchase orders. 2. Collier County COOP Plans: a. Draft Collier County COOP Plans for the six critical services. b. Updated Strategy and Program Management Plan for the Collier County COOP Plans. c. Reimbursement request for funds expended during reporting quarter, with supporting backup documentation, including copies of vendor invoices, cancelled checks and purchase orders. D. Fourth Quarter Report, provide at a minimum: 1. Revised Collier County Terrorism Incident Response Plan Annex: 27 . MAR 1 1 2003 Pg. ~9 a. Final Version of the revised Collier County Terrorism Incident Response Plan Annex. b. Reimbursement request for funds expended during reporting quarter, with supporting backup documentation, including copies of vendor invoices, cancelled checks and purchase orders. 2. Collier County COOP Plans: a. Final Version of the Collier County COOP Plans for the six critical services. b. Reimbursement request for funds expended during reporting quarter, with supporting backup documentation, including copies of vendor invoices, cancelled checks and purchase orders. E. Final Closeout Report, provide at a minimum: 1. Revised Collier County Terrorism Incident Response Plan Annex: a. Any applicable documentation to substantiate incorporation of the revised Terrorism Incident Response Plan Annex into the Collier County Comprehensive Emergency Management Plan. b. Closeout Financial Documentation. 2. Collier County COOP Plans: a. Any applicable documentation to substantiate integration of COOP Plans for six critical services into the Collier County Comprehensive Emergency Management Plan. b. Closeout Financial Documentation. ~D M No. MAR · 1 2003 pg.30 28 Attachment C Quarterly Reports Revised County Terrorism Incident Response Plan Annex Quarterly Progress Report Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Grantee: Collier County BOCC Quarter Reporting: First Second Agreement #: 03-FT -1 B-09-21-0 1- Third Fourth Date Report Submitted: I. Proiect Finances: Include the dates of each report period as specified in the "FromfTo" column. Enter the amount of funds expended in each budget category during the period (figures should be consistent with i~voice amounts). Reporting FromITo Salary Contractual Trainingl Printing Supplies Other Totals Quarter Services WorkshoD (specify) (sDecifvl 1 2 3 4 FINAL Totals \ II. Proiect Finance Narrative: Include a brief summary of financial activity during the period as well as an explanation of expenses charged to the "Other" category. First Quarter Report: Second Quarter Report: 29 I 1 pg.3/ Third Quarter Report: Fourth Quarter Report: Final Report: III. Project Activity Narrative: Quarterly status reporting comments should be thorough and include, but not be limited to, a discussion of significant events or milestones (both success and problems), circumstances affecting completion dates, and any special issues that should be reported on. Provide documentation below and include attachments as appropriate to justify request for reimbursement of funds expended during reporting quarter. Attach agendas from meetings and training/workshops, if appropriate. First Quarter Report: Second Quarter Report: Third Quarter Report: Fourth Quarter Report: Final Report: 30 'I MAR 1 1 2J~s Pg. 3~ County COOP Plan Quarterly Progress Report Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Grantee: Collier County BOCC Quarter Reporting: First Second Agreement #: 03-FT-1 B-09-21-01- Third Fourth Date Report Submitted: I. Proiect Finances: Include the dates of each report period as specified in the "Fromrro" column. Enter the amount of funds expended in each budget category during the period (figures should be consistent with invoice amounts). Reporting FromITo Salary Contractual Trainingl Printing Supplies Other Totals Quarter Services Workshop (sDeciM (specify) 1 2 3 4 FINAL Totals II. Proiect Finance Narrative: Include a brief summary of financial activity during the period as well as an explanation of expenses charged to the "Other" category. First Quarter Report: Second Quarter Report: Third Quarter Report: 31 , AR 1 1 2003 Pg. .33 Fourth Quarter Report: Final Report: III. Proiect Activity Narrative: Quarterly status reporting comments should be thorough and include, but not be limited to, a discussion of significant events or milestones (both success and problems), circumstances affecting completion dates, and any special issues that should be reported on. Provide documentation below and include attachments as appropriate to justify request for reimbursement of funds expended during reporting quarter. Attach agendas from meetings and training/workshops, if appropriate. First Quarter Report: Second Quarter Report: Third Quarter Report: Fourth Quarter Report: Final Report: No76.r~ MAR 1 1 ~0i.1J Pg. 3 'I 32 Attachment D Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Final Closeout Report Grantee: Collier County BOCC . Agreement Amount: Agreement Period: Agreement #: 03-FT -16-09-21-01- Date Report Submitted: $75,000 - 10/17/03 Funds Received by Recipient from Department Under This Agreement (corresponds with Project Finances section of Quarterly Reports submitted) (1) (2) Total Rev. Annex County COOP Expenditures Cost Categories Expenditures Plan (1+2) Salary Contractual Services Training/ Workshop Printing Supplies Other TOTALS 2 (corresponds with Reimbursement Requests) Date/ (3) Recipient's Invoice # Amount 3 4 5 6 7 I Total I Agreement Amount $75,000 Less Total Funds Received Under This Agreement (column 3, line 7) Balance of Agreement (unused funds to be deobligated) I hereby certify that the above costs are true and valid costs incurred in accordance with the project Agreement. Signed: Recipient Contract Manager or Financial Officer Date: 33 NO~GEN~~M /6., "' MAR 1 1 2JJJ pg.~ Attachment E Recipient's Invoice Numb(~r: Financial Report/Reimbursement Request Collier County BOCC 03-FT-1 B-09-21-01- To: Florida Department of Community Affairs Division of Emergency Management Date Prepared: From: Work Completed: (paraphrase the information provided on the Quarterly Report) Total Contract Award $75,000 Total Expenditures to Date Amount of this Invoice Amount remaining on Contract Original Signature FEID Number **TO BE COMPLETED BY DEPARTMENT- Date Invoice Received: Date Project Received: Date Project Reviewed: Date Project Approved: Contract Manager Date NO~~N~T~ I .r ~ MAR 1 1 2J\;J pg.3~ 34 COMMISSIONER REQUEST FOR APPROVAL FOR PAYMENT TO A TIEND FUNCTION(S) SERVING A VALID PUBLIC PURPOSE Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic associations I organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. In accordance with Resolution No. 99-410, Commissioner Frank Halas hereby requests that the Board of County Commissioners approve for payment by the Clerk ,,.,..-.-. hislher attendance at the following function I event: Function I Event: Economic Development Council Membership Meeting & Mixer Public Purpose: Serve as Board of County Commission liaison to the EDC Date of Function I Event: March 19.2003 Amount to be paid by the County: $25.00 AGEN2A 'W1 NO. If) MAR 1 1 2003 Pg. I ,,-.. From: EOC (239)263-6021 To: The Honorable Frank Halas Date: 2/21103 Time: 6:28:28 PM Page 2 of 2 Mark your calendar!l! ..., . I Economic Development Council 0' Collier County I iDC Membership Meeling & Mixe.. ECONOMIC DfVELOPMENT couNCIL OF COLLIER COUNTY NAPLES. FLORIDA MIlOU\DES ail . c.OlDfN GAlE IMMQl(.I1EE' MAllCO ISlAND I le"'"rlng Susan Sanders, Director of Aviation Marketing Services Lee County Port Authority Wednesday, March 19,2003 3:45 p.m. - Membership Meeting 5:00 p.... - Membership MIxer Location: The Naples Beach Hotel a Golf Club EDC Foundations for the Future, Trustee and Business Members will receive an update from Lee County Port Authority's Susan Sanders regarding progress of the expansion at Southwest Florida International Airport. Ms. Sanders' comments will focus on the Midfield Terminal Complex project, and the short- and long-term economic impact the project will have on Southwest Florida's economy. Immediately following her comments, a networking event will occur. Top executives, government representatives and community leaders will also be in attendance. , Complete this fonn and return by Friday, March 14 to: Mail: Economic Development Council of Collier County 3050 N. Horseshoe Drive, #120, Naples, FL 34104 (239) 263-6021 Phone: (239) 263-8989 events@eNaplesFlorida.com http://www.eNaplesFlorida.com Fax: E-mail: On-line: Name(s) of Attendees: CcmDissiooer Frarit Halas Company Name: ('nl1 ip-r ('L.nnt;jy ('.,nupT'l"WlA"lt: Phone Number: 774-OC'$7 Method of Payment: 'Check 0 Credit Card (Visa or MC) Amount: $ 25.00 ($25 members, $35 non-members) Account Number: Expiration Date: Signature: Sponsored by '6mmunityBank ~ ofNaples,NoA. ^GEND~ITEM NO. J, HI .. . MAR 1 1 2C:J3 Pg. ::2- f""--' FOR BOARD ACTION: BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE March 11, 2003 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Minutes: 1. 2. 3. 4. 5. ,- 6. 7. 8. 9. 10. 11. 12. 13. ~ H:Data/Format Historical & Archaeological Preservation Board - Agenda for February 19, 2003. 1-75/Golden Gate Ad Hoc Landscaping Beautification Committee - Minutes of January 15,2003; Agenda for February 12,2003. Bayshore Gateway Triangle Redevelopment Advisory Board - Agenda for February 5, 2003; Minutes of September 23, 2003. Bayshore Beautification M.S.T.U. - Minutes of January 8, 2003. Collier County Planning Commission - Agenda for February 6,2003; Minutes of January 2, 2003, Agenda for February 6, 2003 Environmental Advisory Council- Agenda for February 5, 2003; Minutes of January 8, 2003. Radio Road Beautification M.S.T.U. Advisory Committee - Minutes for January 21, 2003; Agenda for February 18,2003. Collier County Airport Authority - Agenda for February 10,2003. Immokalee Beautification M.S.T.U. - Agenda for February 19,2003; Notes of January 15, 2003. Collier County Contractor's Licensing Board - Agenda for February 19, 2003. Golden Gate Beautification Advisory Committee - Agenda for February 11,2002; Minutes of January 14,2003. Health & Human Services Advisory Committee - Agenda for November 21, 2002; Minutes of November 21, 2002. Parks and Recreation Advisory Board - February 19,2003; Minutes of January 15, 2003. AGEND..1, ITEM No. /'-.r (', J MAR 1 1 2003 Pg._/ .--:~ - H:Data/Format 14. Citizen's Corps Advisory Committee - Minutes of January 23, 2003. 15. Collier County Hispanic Affairs Advisory Board - Agenda for February 19,2003. 16. Community Character/Smart Growth Advisory Committee - Agenda and Minutes of December 11,2002; Agenda and Minutes of January 8, 2003 and Agenda and Minutes of January 15,2003. 17. Local Redevelopment Advisory Board - Agenda for February 26,2003. 18. Lely Golf Estates Beautification Advisory Committee - Agenda for February 27, 2003, Minutes of January 16,2003. AGENDA ITEM NO.J5....~_ MAR 1 1 2083 Pg. z. ---- -- ..-.:r........,.,,__._..-.- EXECUTIVE SUMMARY THAT THE BOARD OF COUNTY COMMISSIONERS MAKE A DETERMINATION OF WHETHER THE PURCHASES OF GOODS AND SERVICES DOCUMENTED IN THE DETAILED REPORT OF OPEN PURCHASE ORDERS SERVE A VALID PUBLIC PURPOSE AND AUTHORIZE THE EXPENDITURE OF COUNTY FUNDS TO SATISFY SAID PURCHASES. OBJECTIVE: To have the Board of County Commissioners make a determination whether the purchase orders opened from February 1. 2003 through February 28, 2003 serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. CONSIDERA TIONS: To ensure compliance with State law, the Clerk's Office has prepared a detail list of all purchase orders that have not previously been approved by the Board of County Commissioners that were opened for the period February 1. 2003 through February 28, 2003. This report is available for inspection and review in the County Manager's Office. FISCAL IMPACT: The goods and services included in the aforementioned report have all been previously appropriated. GROWTH MANAGEMENT IMPACT: related to this item. There IS no Growth Management Impact RECOMMENDA TION: 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. Prepared By: r.. es L. Mitchell. CIA. CFE. CBA Director of Finance and Accounting Date: ~~~..> - Reviewed and Approved By: De Johnssen eneral Accounting Manager Date: 1 /1/ 70!>~ AGENDA ITEM No. /'T L MAR 1 1 2003 Pg. J EXECUTIVE SUMMARY AUTHORIZE THE MAKING OF AN OFFER OF JUDGMENT TO RESPONDENTS JOHN V ASSARAS AND JOAN P. V ASSARAS, FOR THE FEE TAKING OF PARCEL NO. 211A IN THE AMOUNT OF $8,400 IN THE LAWSUIT STYLED COLLIER COUNTY JI: EFRAIN ARCE, ET AL., CASE NO. 02-2119-CA (IMMOKALEE ROAD PROJECT #60018). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondents, John Vassaras and Joan P. Vassaras ("Respondents"), in the amount of $8,400, as full compensation, excepting attorney's fees, costs and interest, for the fee simple acquisition arising out of the condemnation of Parcel No. 211A in Collier County v. Efrain Arce, et ai., Case No. 02-2119-CA. CONSIDERATIONS: On August 27, 2002, an Order of Taking was entered in Collier County Circuit Court regarding the fee simple acquisition of Parcel 211A for the Immokalee Road Project (Project No. 60018). On September 12, 2002, Collier County deposited with the Registry of the Court the sum of$6,800 for Parcel 211A in accordance with the Order of Taking. The Offer of Judgment, a copy of which is attached, offers the property owners the sum of $8,400 as full compensation for the property taken, including any severance damages, business damages, damages to the remainder and costs to cure, but does not include attorney's fees or other such costs, and interest. This figure is based on the application of the highest comparable sale unit value to the subject parcel and takes into account the potential risks and costs in proceeding to trial. The making of the Offer of Judgment will require the Respondents to carefully assess their claim for compensation. Respondents will have thirty days from the date of mailing the offer to accept. If Respondents accept, the County will be required to deposit $1,600 into the registry of the Court, which will be paid to Respondents by Stipulated Final Judgment of the court. If Respondents reject the offer, and fail to recover more than $8,400 for Parcel 211A, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondents after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the terms of the Offer of Judgment to be reasonable. ' ~. FISCAL IMPACT: Funds in the amount of $1,600 are available in the FY 03 adopted budget. "'J~ Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. -, RECOMMENDATION: That the Board of County Commissioners: -\.~.~ -1; ~,~ ~ MAR 11 2003 \ I. Approve the terms of the Offer of Judgment and authorize its service on Respondents. and 2. Approve the expenditure of funds as stated; and 3. Authorize $1.600 to be paid into the Registry of the Court in the event the Offer of Judgment is accepted by Respondents; and 4. Approve Stipulated Final Judgment based on the acceptance of the Offer of Judgment. SUBMITTEDB~.6. vLf ~ Ellen T. Chadwell Assistant Coun Attorney Date: 4~fo3 REVIEWED BY: evi en' cks. ROW Ac isition Manager ~-:g7l21- Gregg Strakaluse. Director TransportationlECM Date: .2~;ii:(;S -8..;1 REVIEWED BY: REVIEWED BY: Date: ,J.j'~ j, 3 / APPROVED BY: L.~ David C. Weigel. County ttorney Date: tL-/~/a3 _. ..........~- .....;,a... 2 'Li'}L~\ . MAR 11 2003 ;;; ~~ IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Case No.: 02-2119-CA-HDH Petitioner, vs. Parcel No.: 211A EFRAIN ARCE, et aI., Respondents. / NOTICE OF SERVICE OF PETITIONER'S OFFER OF JUDGMENT COMES NOW the Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned attorney, as to Parcel 211A in the above-styled cause, and files this Notice of Service of Petitioner's Offer of Judgment to the Respondents, JOHN V ASSARAS and JOAN P. V ASSARAS, c/o Respondent's counsel, Kenneth A. Jones, Esquire. I HEREBY CERTIFY that a true and correct copy of the foregoing Notice of Service of Petitioner's Offer of Judgment has been furnished via regular U.S. Mail this 11 th day of March, 2003, to Kenneth A. Jones, Esquire, ROETZEL & ANDRESS, 2320 First Street, Suite 1000, Fort Myers, Florida 33901, to E. Glenn Tucker, Esquire, RHODES & TUCKER, P. O. Box 887, Marco Island, FL 34146 Ellen T. Chadwell Florida Bar No. 0983860 Assistant County Attorney Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Attorney for Petitioner __ ...v:----- ~.~.~ " MAR t 1 2003 '6 ....,.~." .~ ....- ~ IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCIDT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Case No.: 02-2Il9-CA-HDH Petitioner, vs. Parcel No.: 2IlA EFRAIN ARCE, et aI., Respondents. I OFFER OF JUDGMENT TO: John Vassaras Joan P. Vassaras clo Kenneth A. Jones, Esq. Roetzel & Andress 2320 First Street, Suite 1000 Ft. Myers, Florida 33901-3419 Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondents, JOHN V ASSARAS and JOAN P. V ASSARAS ("Respondents"), for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Respondents arising out of the taking of Parcel 211A, in the total amount of Eight Thousand Four Hundred and NollOO Dollars ($8,400.00), for Parcel 2IlA, which includes the amount of $6,800.00 which was deposited pursuant to the Order of Taking dated August 27,2002. This offer is being made jointly to John Vassaras and Joan P. Vassaras, cannot be apportioned in any manner, and can only be accepted by both Respondents. ~ -r- -_- ......;.."., \L,-~t; MAR t 1 2003 y-- There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include interest from the date ofthe Order of Taking or attorneys fees and costs. The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondents' review upon reasonable notice of such a request. Dated this 11 th day of March, 2003. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile BY: ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 ATTORNEY FOR PETITIONER CERTIFICATION OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Offer of Judgment has been furnished by U.S. Mail, to: Kenneth A. Jones, Esq., Roetzel and Andress, 2320 First Street, Suite 1000, Ft. Myers, FL 33901-3419, on this 11th day of March, 2003. ELLEN T. CHADWELL, ESQUIRE .....-......-.... . \C',?-T MAR 11 2003 ,g ,- EXECUTIVE SUMMARY AUTHORIZE THE MAKING OF AN OFFER OF JUDGMENT TO RESPONDENTS ARMANDO A. LAMBERT AND ALGIS L. MADOS, FOR THE FEE TAKING OF PARCEL NO. 208 IN THE AMOUNT OF $7,150 IN THE LAWSUIT STYLED COLLIER COUNTY J-: ARMANDO A. LAMBERT, ET AL., CASE NO. 02-2132-CA (IMMOKALEE ROAD PROJECT #60018). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondents, Armando A. Lambert and Algis L. Mados ("Respondents"), in the amount of $7,150, as full compensation, excepting attorney's fees, costs and interest, for the fee simple acquisition arising out of the condemnation of Parcel No. 208 in Collier County v. Armando A. Lambert, et al., Case No. 02-2132-CA. CONSIDERATIONS: On August 27,2002, an Order of Taking was entered in Collier County Circuit Court regarding the fee simple acquisition of Parcel 208 for the Immokalee Road Project (Project No. 60018). On September 12, 2002, Collier County deposited with the Registry of the Court the sum of $6,400 for Parcel 208 in accordance with the Order of Taking. _. The Offer of Judgment, a copy of which is attached, offers the property owners the sum of $7,150 as full compensation for the property taken, including any severance damages, business damages, damages to the remainder and costs to cure, but does not include attorney's fees or other such costs, and interest. This figure is based on the application of the highest comparable unit value to the subject parcel and takes into account the potential risks and costs in proceeding to trial. The making of the Offer of Judgment will require the Respondents to carefully assess their claims for compensation. Respondents will have thirty days from the date of mailing the offer to accept. If Respondents accept, the County will be required to deposit $750 into the registry of the Court, which will be paid to Respondents by Stipulated Final Judgment of the court. If Respondents reject the offer, and fail to recover more than $7,150 for Parcel 208, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondents after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the terms of the Offer of Judgment to be reasonable. r1:'\v FISCAL IMPACT: Funds in the amount of $750 are available in the FY 03 adopted budget. \J) I Source of funds are Gas Taxes and hnpact Fees. GROWTH MANAGEMENT IMPACT: None. -.;r'....:r-- .. -- "'L>l ,-- RECOMMENDATION: That the Board of County Commissioners: H~;-'y.:.:~- - MAR 11 2003 \ 1. Approve the terms of the Offer of Judgment and authorize its service on Respondents, and 2. Approve the expenditure of funds as stated; and 3. Authorize $750 to be paid into the Registry of the Court in the event the Offer of Judgment is accepted by Respondents; and 4. Approve Stipulated Final Judgment based on the acceptance of the Offer of Judgment. SUBMITTED BY: bA~ -"'Ellen T. Chadwell Assistant County Attorney Date: c9-~""0.3 REVIEWED BY: Date: Z-.;?6,o3 REVIEWED BY: evi e . cks, ROW Acquisition Manager TransportationIROW ./J.JH{___ Gregg Strakaluse, Director Transportation/ECM ..... REVIEWED BY: ,~f?;~~ Date: ;l J.;i? / Feder, Administrator sportation Division APPROVED BY: Date:~.2 f/o~ .- .....-J 2 . . \It-'~~ . MAR 11 2003 d IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Case No.: 02-2132-CA-TB Petitioner, vs. Parcel: 208 ARMANDO A. LAMBERT, et aI., Respondents. / NOTICE OF SERVICE OF PETITIONER'S OFFER OF JUDGMENT COMES NOW the Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned attorney, as to Parcel 208 in the above-styled cause, and files this Notice of Service of Petitioner's Offer of Judgment to the Respondents, ARMANDO A. LAMBERT and ALGIS L. MADOS, c/o Respondents' counsel, Kenneth A. Jones, Esquire. I HEREBY CERTIFY that a true and correct copy ofthe foregoing Notice of Service' of Petitioner's Offer of Judgment has been furnished via regular U.S. Mail this 11th day of March, 2003, Kenneth A. Jones, Esq., Roetzel and Andress, 2320 First Street, Suite 1000, Ft. Myers, FL 33901-3419, and to E. Glenn Tucker, Esq., RHODES & TUCKER, P. O. Box 887, Marco Island, FL 34146. Ellen T. Chadwell Florida Bar No. 0983860 Assistant County Attorney Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Attorney for Petitioner ~....:J"-. - _- __,."..... .:. "CG"'L:l-. MAR 11 2003 3 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CmCillT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Case No.: 02-2132-CA-TB Petitioner, vs. Parcel: 208 ARMANDO A. LAMBERT, et aI., Respondents. / OFFER OF JUDGMENT TO: Armando A. Lambert Algis L. Mados c/o Kenneth A. Jones, Esquire Roetzel & Andres 2320 First Street, Suite 1000 Fort Myers, FL 33901-3419 Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondents, ARMANDO A. LAMBERT and ALGIS L. MADOS ("Respondents"), for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Respondents arising out of the taking of Parcel 208, in the total amount of Seven Thousand One Hundred FUly and No/loo Dollars ($7,150.00), for Parcel 208, which includes the amount of $6,400.00 which was deposited pursuant to the Order of Taking dated August 27,2002. .. f~'r-~ MAR 11 2003 Y This offer is being made jointly to Armando A. Lambert and Algis L. Mados, cannot be apportioned in any manner, and can only be accepted by both Respondents. There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include interest from the date of the Order of Taking or attorneys fees and costs. The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondents' review upon reasonable notice of such a request. Dated this 11th day of March, 2003. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile BY: ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 ATTORNEY FOR PETITIONER CERTIFICATION OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Offer of Judgment has been furnished by U.S. Mail, to: Kenneth A. Jones, Esq., Roetzel and Andress, 2320 First Street, Suite 1000, Ft. Myers, FL 33901-3419, on this 11th day of March, 2003. ELLEN T. CHADWELL, ESQUIRE _.- ". fe'led- MAR 11 2003 S -, EXECUTIVE SUMMARY AUTHORIZE THE MAKING OF AN OFFER OF JUDGMENT TO RESPONDENTS ZUNILDA G. CONFORTE AND SHELVA Z. CONFORTE, AS TRUSTEES OF THE CONFORTE RESIDUAL CREDIT SHELTER TRUST OF RODOLFO R. CONFORTE U/AID 2/08/01, FOR THE FEE TAKING OF PARCEL NO. 206 IN THE AMOUNT OF $7,250 IN THE LAWSUIT STYLED COLUER COUNTY Yo; ARMANDO A. LAMBERT, ET AL., CASE NO. 02-2132-CA (IMMOKALEE ROAD PROJECT #60018). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondents, Zunilda G. Conforte and Sheyla Z. Conforte, as Trustees of the Rodolfo Conforte Residual Credit Shelter Trust of Rodolfo R. Conforte V/ AID 2/08/01 ("Respondents"), in the amount of $7,250, as full compensation, excepting attorney's fees, costs and interest, for the fee simple acquisition arising out of the condemnation of Parcel No. 206 in Collier County v. Armando A. Lambert, et al., Case No. 02-2132-CA. - CONSIDERATIONS: On August 27,2002, an Order of Taking was entered in Collier County Circuit Court regarding the fee simple acquisition of Parcel 206 for the Immokalee Road Project (Project No. 60018). On September 12,2002, Collier County deposited with the Registry of the Court the sum of$5,900 for Parcel 206 in accordance with the Order of Taking. The Offer of Judgment, a copy of which is attached, offers the property owners the sum of $7,250 as full compensation for the property taken, including any severance damages, business damages, damages to the remainder and costs to cure, but does not include attorney's fees or other such costs, and interest. This figure is based on the application of the highest comparable unit value to the subject parcel and takes into account the potential risks and costs in proceeding to trial. The making of the Offer of Judgment will require the Respondents to carefully assess their claims for compensation. Respondents will have thirty days from the date of mailing the offer to accept. If Respondents accept, the County will be required to deposit $1,350 into the registry of the Court, which will be paid to Respondents by Stipulated Final Judgment of the court. If Respondents reject the offer, and fail to recover more than $7,250 for Parcel 206, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondents after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the terms of the Offer of Judgment to be reasonable. -- n \ ~SCAL IMPACT: Funds in the amount of$I,350 are available in the FY 03 adopted budget. \ ~\"'~ource of funds are Gas Taxes and Impact Fees. . _' \. -......._..J' . \v ,~~ MAR 11 2003 t, GROWTH MANAGEMENT IMP ACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the terms of the Offer of Judgment and authorize its service on Respondents, and 2. Approve the expenditure of funds as stated; and 3. Authorize $1,350 to be paid into the Registry of the Court in the event the Offer of Judgment is accepted by Respondents; and 4. Approve Stipulated Final Judgment based on the acceptance of the Offer of Judgment. SUBMITTED BY:ftb-. \J ~ ~ Ellen T. Chadwell Assistant County Attorney Date: :; - ~1{).3 REVIEWED BY: Date: Z-~. 05 REVIEWED BY: ev e ricks, ROW Acquisition Manager TransportationIROW J;.J f k~- Gregg Strakaluse, Director TransportationlECM Date: 2- L /, / { ;1 REVIEWED BY: Date: .J ~j3 / Feder, Administrator sportation Division APPROVED BY: Date:q" a:t. J> /0 ~ - - - 2 l L, ~3 MAR 11 2003 d- IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Case No.: 02-2132-CA-TB Petitioner, vs. Parcel: 206 ARMANDO A. LAMBERT, et aI., Respondents. 1 NOTICE OF SERVICE OF PETITIONER'S OFFER OF JUDGMENT COMES NOW the Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned attorney, as to Parcel 206 in the above-styled cause, and files this Notice of Service of Petitioner's Offer of Judgment to the Respondents, ZUNILDA G. CONFORTE and SHEVLA Z. CONFORTE, as Trustees of the Conforte Residual Credit Shelter Trust of Rodolfo R. Conforte U/AID 2/08/01, clo Respondents' counsel, Jackson Bowman, Esquire. I HEREBY CERTIFY that a true and correct copy of the foregoing Notice of Service of Petitioner's Offer of Judgment has been furnished via regular U.S. Mail this 11th day of March, 2003, to Jackson Bowman, Esq., BRIGHAM MOORE, LLP, 100 Wallace Avenue, Suite 310, Sarasota, FL 34237, and to E. Glenn Tucker, Esq., RHODES & TUCKER, P. O. Box 887, Marco Island, FL 34146. Ellen T. Chadwell Florida Bar No. 0983860 Assistant County Attorney Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Attorney for Petitioner .......-- --- \ li ~3' MAR 11 2003 3 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Case No.: 02-2132-CA-TB Petitioner, vs. Parcel: 206 ARMANDO A. LAMBERT, et at, Respondents. / OFFER OF JUDGMENT TO: Zuni Ida G. Conforte and Sheyla Z. Conforte, as Trustees of the Rodolfo Conforte Residual Credit Shelter Trust ofRodolfo R. Conforte U/A/D 2/08/01 c/o Jackson Bowman, Esq. BRIGHAM MOORE, LLP 100 W allace Avenue Suite 310 Sarasota, FL 34237 Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondents, ZUNILDA G. CONFORTE and SHEVLA Z. CONFORTE, as Trustees of the Conforte Residual Credit Shelter Trust of Rodolfo R. Conforte U/A/D 2/08/01 ("Respondents"), for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Respondents arising out of the taking of Parcel 206, in the total amount of Seven Thousand Two Hundred Fifty and No/tOO Dollars ($7,250.00), for Parcel 206, which includes the amount of $5,900.00 which was deposited _0-_. ............ _. -_. -- ~- .._...-a ~r' .. -.... pursuant to the Order of Taking dated August 27, 2002. UJ_-\ Lv 'f- 3-- MAR 11 2003 ~ There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include interest from the date of the Order of Taking or attorneys fees and costs. The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondents' review upon reasonable notice of such a request. Dated this 11th day of March, 2003. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile BY: ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 ATTORNEY FOR PETITIONER CERTIFICATION OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Offer of Judgment has been furnished by U.S. Mail, to: Jackson Bowman, Esq., BRIGHAM MOORE, LLP, 100 Wallace Avenue, Suite 310, Sarasota, FL 34237, on this 11th day of March, 2003. ELLENT.CHADWELL,ESQUIRE - t ~ ,L3 MAR 1 1 2003 ~ EXECUTIVE SUMMARY AUTHORIZE THE MAKING OF AN OFFER OF JUDGMENT TO RESPONDENT JULIANN S. BOBACK, FOR THE FEE TAKING OF PARCEL NO. 196 IN THE AMOUNT OF $6,900 IN THE LAWSUIT STYLED COLLIER COUNTY J-: ROBERT w: PIEPLOW, ET UX, ET AL., CASE NO. 02-2133-CA (IMMOKALEE ROAD PROJECT #60018). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondent, Juliann S. Boback (''Respondent''), in the amount of $6,900, as full compensation, excepting attorney's fees, costs, and interest from the date of taking, for the fee simple acquisition of Parcel No. 196 in Collier County v. Robert w: Pieplow, et al., Case No. 02-2133-CA. CONSIDERATIONS: On September 5, 2002, an Order of Taking was entered in Collier County Circuit Court regarding the fee simple acquisition of Parcel 196 for the Immokalee Road Project (project No. 60018). On September 19, 2002, Collier County deposited with the Registry ofthe Court the sum of $6,200 for Parcel 196 in accordance with the Order of Taking "..... The Offer of Judgment, a copy of which is attached, offers the property owner the sum of $6,900 as full compensation for the property taken, including any severance damages, business damages, damages to the remainder and costs to cure, but does not include attorney's fees, or other such costs or interest. This figure is based on the application of the highest comparable unit value to the subject parcel and takes into account the potential risks and costs in proceeding to trial. The making of the Offer of Judgment will require the Respondent to carefully assess his claim for compensation. Respondent will have thirty days from the date of mailing the offer to accept. If Respondent accepts, the County will be required to deposit $700 into the registry of the Court, which will be paid to Respondent by Stipulated Final Judgment of the court. If Respondent rejects the offer, and fails to recover more than $6,900 for Parcel 196, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondent after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the terms ofthe Offer of Judgment to be reasonable. mt\. FISCAL IMP ACT: Funds in the amount of $700 are available in the FY 03 adopted budget. ~J' Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. (........... RECOMMENDATION: That the Board of County Commissioners: ..........:-1.. \(; ~.'-\ MAR 1 1 2003 \ 1. Approve the terms of the Offer of Judgment and authorize its service on Respondent; and 2. Approve the expenditure of funds as stated; and 3. Authorize $700 to be paid into the Registry of the Court in the event the Offer of Judgment is accepted by Respondent; and 4. Approve Stipulated Final Judgment based on the acceptance of the Offer of Judgment. SUBMITTED BY: :tf!.~ ~~ 1../ lIen T. Chadwell Assistant County Attorney Date: 0I-:p5" -0..:3 REVIEWED BY: Date: Z~Z6'-Cl.3 REVIEWED BY: evin ks, ROW Acq lsition Manager T]ortatid1r~ j.J-1i rr /~ Gregg Strakaluse, lTector Transportation/ECM APPROVED BY: ~ - Feder, Administrator sportation Division t- Date: ~ J..I J REVIEWED BY: Date: ~7Rlo~ .- ... -, ~ 2 \lJ"f-'i MAR 1 t 2033 d- IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CNIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No.: 02-2133-CA-TB vs. ROBERT W. PIEPLOW, et ux, et al. Parcel No.: 196 Respondents. / NOTICE OF SERVICE OF PETITIONER'S OFFER OF JUDGMENT COMES NOW the Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned attorney, as to Parcel 196 in the above-styled cause, and files this Notice of Service of Petitioner's Offer of Judgment to the Respondent, JULIANN S. BOBACK. I HEREBY CERTIFY that a true and correct copy of the foregoing Offer of Judgment has been furnished by U.S. Mail, to: Juliann S. Boback, 28009 Liberty Drive, Warren, MI 48092-2540, and to E. Glenn Tucker, Esq., RHODES & TUCKER, P. O. Box 887, Marco Island, FL 34146, on this 11 th day of March, 2003. Ellen T. Chadwell Florida Bar No. 0983860 Assistant County Attorney Hannon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Attorney for Petitioner .. lu"~'i MAR 1 1 2003 .3 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, vs. Case No.: 02-2133-CA-TB ROBERT W. PIEPLOW, et ux, et a1. Parcel No.: 196 Respondents. / OFFER OF JUDGMENT TO: Juliann S. Boback 28009 Liberty Drive Warren, MI 48092-2540 Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondent, JULIANN S. BOBACK ("Respondent"), for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Respondent arising out of the taking of Parcel 196, in the total amount of Six Thousand Nine Hundred and No/tOO Dollars ($6,900.00), for Parcel 196, which includes the amount of $6,200.00 which was deposited pursuant to the Order of Taking dated September 5, 2002. There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include interest from the date of the Order of Taking or attorneys fees and costs. ... \ u'f- ~t MAR 1" -:".., . . 3 ~\t...,; Y The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondent's review upon reasonable notice of such a request. Dated this 11th day of March, 2003. OFFICE OF THE COUNTY ATIORNEY Harmon Turner Build,ing 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile BY: ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 ATTORNEY FOR PETITIONER CERTIFICATION OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Offer of Judgment has been furnished by U.S. Mail to JuliaIh'l S. Boback, 28009 Liberty Drive, Warren, MI 48092- 2540, on this 11 th day of March, 2003. ELLEN T. CHADWELL, ESQUIRE - . \0\L "1 MAR 1 1 2003 5 - EXECUTIVE SUMMARY AUTHORIZE THE MAKING OF AN OFFER OF JUDGMENT TO RESPONDENTS MEDARO T. SANCHEZ AND OLIVA SANCHEZ FOR THE FEE TAKING OF PARCEL NO. 201 IN THE AMOUNT OF 57,000 IN THE LAWSUIT STYLED COLLIER COUNTY ~ JEFFREY A. RICHARDSON, ET AL., CASE NO. 02-2188-CA (IMMOKALEE ROAD PROJECT #60018). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondents, Medardo T. Sanchez and Oliva Sanchez ("Respondents"), in the amount of $7,000, as full compensation, excepting attorney's fees, costs, and interest, for the fee simple acquisition arising out of the condemnation of Parcel No. 201 in Collier County v. Jeffrey A. Richardson, et al., Case No. 02-2188-CA. CONSIDERATIONS: On August 27, 2002, an Order of Taking was entered in Collier County Circuit Court regarding the fee simple acquisition of Parcel 201 for the Immokalee Road Project (Project No. 60018). On September 12,2002, Collier County deposited with the Registry of the Court the sum of$5,100 for Parcel 201 in accordance with the Order of Taking. ".- The Offer of Judgment, a copy of which is attached, offers the property owners the sum of $7,000 as full compensation for the property taken, including any severance damages, business damages, damages to the remainder and costs to cure, but does not include attorney's fees or other such costs, and interest. This figure is based on the application of the highest comparable unit value to the subject parcel and takes into account the potential risks and costs in proceeding to trial. The making of the Offer of Judgment will require the Respondents to carefully assess their claims for compensation. Respondents will have thirty days from the date of mailing the offer to accept. If Respondents accept, the County will be required to deposit $1,900 into the registry of the Court, which will be paid to Respondents by Stipulated Final Judgment of the court. If Respondents reject the offer, and fail to recover more than $7,000 for Parcel 201, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondents after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. . The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the terms of the Offer of Judgment to be reasonable. ffiVFlSCAL IMPACT: Funds in the amount of $1,900 are available in the FY 03 adopted budget. \\J Source of funds are Gas Taxes and Impact Fees. "",,-. GROWTH MANAGEMENT IMPACT: None. ............::""" -. - - --.......~ RECOMMENDATION: That the Board of County Commissioners: \l.t ~$ " MAR 11 2003 \ 1. Approve the terms of the Offer of Judgment and authorize its service on Respondents, and 2. Approve the expenditure of funds as stated; and 3. Authorize $1,900 to be paid into the Registry of the Court in the event the Offer of Judgment is accepted by Respondents; and 4. Approve Stipulated Final Judgment based on the acceptance of the Offer of Judgment. SUBMITTEDBY:~ V~ Ellen T. Chadwell Assistant County Attorney REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: -- 2 Date: ,J -J.5- -t[J .:3 Date: 2-ZG,03 Date: Date: ~J-5 / Date: (2/ t:J ~ J 1')3 , I .......-. .. ... llt V:-~ MAR f 1 2::3 ~ IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Flori~ Petitioner, Case No.: 02-2118-CA-HDH v. Parcel No.: 201 JEFFREY A. RICHARDSON, et aI., Respondents. I NOTICE OF SERVICE OF PETITIONER'S OFFER OF JUDGMENT COMES NOW the Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned attorney, as to Parcel 201 in the above-styled cause, and files this Notice of Service of Petitioner's Offer of Judgment to the Respondent, MEDARDO T. SANCHEZ and OLIY A SANCHEZ, c/o Respondents' counsel, Kenneth A. Jones, Esquire. I HEREBY CERTIFY that a true and correct copy of the foregoing Notice of Service of Petitioner's Offer of Judgment has been furnished via regular U.S. Mail this 11th day of March, 2003, to Kenneth A. Jones, Esquire, ROETZEL & ANDRESS, 2320 First Street, Suite 1000, , Fort Myers, Florida 33901, and to E. Glenn Tucker, Esquire, RHODES & TUCK.E~ P. O. Box 887, Marco Island, FL 34146. Ellen T. Chadwell Florida Bar No. 0983860 Assistant County Attorney Hannon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Attorney for Petitioner >:..~~- \U'V:,~ MAR " L::3 3 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No.: 02-2118-CA-HDH v. Parcel Nos.: 201 JEFFREY A. RICHARDSON, et aI., Respondents. / OFFER OF JUDGMENT TO: Medardo T. Sanchez Oliva Sanchez c/o Kenneth A. Jones, Esq. 2320 First Street Ft. Myers, FL 33901-3419 Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondents, MEDARDO T. SANCHEZ and OLIY A SANCHEZ ("Respondents"), for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Respondents arising out of the taking of Parcel 201, in the total amount of Seven Thousand and NollOO Dollars ($7,000.00), for Parce1201, which includes the amount of $5,100.00 which was deposited pursuant to the Order of Taking dated August 27, 2002. This offer is being made jointly to Medardo T. Sanchez and Oliva Sanchez, cannot be apportioned in any manner, and can only be accepted by both Respondents. _.~....~~. --- l c.; "L. ~ MAR 11 2003 'i There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include interest from the date of the Order of Taking or attorneys fees and costs. The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondents' review upon reasonable notice of such a request. Dated this 11th day of March, 2003. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile BY: ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 ATTORNEY FOR PETITIONER CERTIFICATION OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Offer of Judgment has been furnished by U.S. Mail, to: Kenneth A. Jones, Esq., Roetzel and Andress, 2320 First Street, Suite 1000, Ft. Myers, FL 33901-3419, on this 11th day of March, 2003. ELLEN T. CHADWELL, ESQUIRE ... ....i.. \C'\L~ MAR 11 2003 ~ EXECUTIVE SUMMARY AUTHORIZE THE MAKING OF AN OFFER OF JUDGMENT TO RESPONDENTS TIM CHERRINGTON AND MAX CHERRINGTON FOR THE FEE TAKING OF PARCEL NO. 202 IN THE AMOUNT OF $7,000 IN THE LA WSIDT STYLED COLLIER COUNTY J-: JEFFREY A. RICHARDSON, ET AL., CASE NO. 02-2188-CA (IMMOKALEE ROAD PROJECT #60018). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032. Fla. Stat.. to Respondents. Tim Cherrington and Max Cherrington ("Respondents"). in the amount of $7.000. as full compensation. excepting attorney's fees. costs and interest, for the fee simple acquisition arising out of the condemnation of Parcel No. 202 in Collier County v. Jeffrey A. Richardson, et aI., Case No. 02-2188-CA. CONSIDERATIONS: On August 27.2002. an Order of Taking was entered in Collier County Circuit Court regarding the fee simple acquisition of Parcel 202 for the Immokalee Road Project (Project No. 60018). On September 12. 2002. Collier County deposited with the Registry of the Court the sum of $5.100 for Parcel 202 in accordance with the Order of Taking. -. The Offer of Judgment. a copy of which is attached. offers the property owners the sum of $7.000 as full compensation for the property taken. including any severance damages. business damages. damages to the remainder and costs to cure. but does not include attorney's fees or other such costs. and interest. This figure is based on the application of the highest comparable unit value to the subject parcel and takes into account the potential risks and costs in proceeding to trial. The making of the Offer of Judgment will require the Respondents to carefully assess their claims for compensation. Respondents will have thirty days from the date of mailing the offer to accept. If Respondents accept. the County will be required to deposit $1.900 into the registry of the Court. which will be paid to Respondents by Stipulated Final Judgment of the court. If Respondents reject the offer. and fail to recover more than $7.000 for Parcel 202. either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondents after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the terms of the Offer of Judgment to be reasonable. ~FlSCAL IMPACT: Funds in the amount of$I.900 are available in the FY 03 adopted budget. \ Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMP ACT: None. .-~. RECOMMENDATION: That the Board of County Commissioners: ~~-,..-, \'v'F'l..l MAR 11 2033 I 1. Approve the terms of the Offer of Judgment and authorize its service on Respondents, and 2. Approve the expenditure of funds as stated; and 3. Authorize $1,900 to be paid into the Registry of the Court in the event the Offer of Judgment is accepted by Respondents; and 4. Approve Stipulated F~nal Judgment based on the acceptance of the Offer of Judgment. SUBMITTED BY: _1..t.t. V ~ Ellen T. Chadwell Assistant Count Attorney Date: c!) - d-V 03 REVIEWED BY: Date: ;:? -;:;:?6 - cJ.,3 REVIEWED BY: evin e cks, ROW Acquisition Manager Transp. ortati1WRO[ A.Hi ~ Gregg Strakaluse, Director TransportationlECM Date: ,- REVIEWED BY: "7 . 'C/!~ Feder, Administrator sportation Division Date: ~;;3 / APPROVED BY: Date:~Q1lJ'13' - 2 .... ..' \l("'CL., MAR 11 2003 d-. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No.: 02-2118-CA-HDH v. Parcel No.: 202 JEFFREY A. RICHARDSON, et at, Respondents. / NOTICE OF SERVICE OF PETITIONER'S OFFER OF JUDGMENT COMES NOW the Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned attorney, as to Parcel 202 in the above-styled cause, and files this Notice of Service of Petitioner's Offer of Judgment to the Respondent, TIM CHERRINGTON and MAX CHERRINGTON, c/o Respondents' counsel, Kenneth A. Jones, Esquire. I HEREBY CERTIFY that a true and correct copy of the foregoing Notice of Service of Petitioner's Offer of Judgment has been furnished via regular U.S. Mail this 11th day of March, 2003, to Kenneth A. Jones, Esquire, ROETZEL & ANDRESS, 2320 First Street, Suite 1000, Fort Myers, Florida 33901, and to E. Glenn Tucker, Esquire, RHODES & TUCKER, P. O. Box 887, Marco Island, FL 34146. Ellen T. Chadwell Florida Bar No. 0983860 Assistant County Attorney Hannon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Attorney for Petitioner .....'"'~- l ~ . \C- LP MAR 11 2003 :3 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No.: 02-2118-CA-HDH v. Parcel Nos.: 202 JEFFREY A. RICHARDSON, et aI., Respondents. / OFFER OF JUDGMENT TO: Tim Cherrington Max Cherrington Roetzel and Andress 2320 First Street Ft. Myers, FL 33901-3419 Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondents, TIM CHERRINGTON and MAX CHERRINGTON ("Respondents"), for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Respondents arising out of the taking of Parcel 202, in the total amount of Seven Thousand and No/tOO Dollars (57,000.00), for Parcel 202, which includes the amount of $5,100.00 which was deposited pursuant to the Order of Taking dated August 27, 2002. This offer is being made jointly to Tim Cherrington and Max Cherrington, cannot be apportioned in any manner, and can only be accepted by both Respondents. - ..--.-- \li"~~ MAR 11 2003 ~. There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include interest from the date ofthe Order of Taking or attorneys fees and costs. The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondents' review upon reasonable notice of such a request. Dated this 11 th day of March, 2003. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile BY: ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 ATTORNEY FOR PETITIONER CERTIFICATION OF SERVICE I HEREBY CERTIFY that a true and correct copy ofthe foregoing Offer of Judgment has been furnished by U.S. Mail, to: Kenneth A. Jones, Esq., Roetzel and Andress, 2320 First Street, Suite 1000, Ft. Myers, FL 33901-3419, on this 11th day of March, 2003. ELLEN T. CHADWELL, ESQUIRE ~_i'~: . . 'y;u \ ~ 4' , MAR , \ 4."0.1 '5 EXECUTIVE SUMMARY AUTHORIZE THE MAKING OF AN OFFER OF JUDGMENT TO RESPONDENTS ZUNILDA G. CONFORTE AND SHEYLA Z. CONFORTE, AS TRUSTEES OF THE RODOLFO CONFORTE RESIDUAL CREDIT SHELTER TRUST OF RODOLFO R. CONFORTE VI AID 2/08101 THE FEE TAKING OF PARCEL NO. 203 IN THE AMOVNT OF $6,300 IN THE LAWSUIT SITLED COLLIER COUNTY ~ JEFFREY A. RICHARDSON, ET AL., CASE NO. 02-2188-CA (IMMOKALEE ROAD PROJECT #60018). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondents, Zunilda G. Conforte and Sheyla Z. Conforte, as Trustees of the Rodolfo Conforte Residual Credit Shelter Trust ofRodoffo R. Conforte U/AID 2/08/01 ("Respondents"), in the amount of $6,300, as full compensation, excepting attorney's fees, costs and interest, for the fee simple acquisition arising out of the condemnation of Parcel No. 203 in Collier County v. Jeffrey A. Richardson, et aJ., Case No. 02-2188-CA. ,,'-' CONSIDERATIONS: On August 27, 2002, an Order of Taking was entered in Collier County Circuit Court regarding the fee simple acquisition of Parcel 203 for the Immokalee Road Project (Project No. 60018). On September 12, 2002, Collier County deposited with the Registry of the Court the sum of $5,600 for Parcel 203 in accordance with the Order of Taking. The Offer of Judgment, a copy of which is attached, offers the property owners the sum of $6,300 as full compensation for the property taken, including any severance damages, business damages, damages to the remainder and costs to cure, but does not include attorney's fees or other such costs, and interest. This figure is based on the application of the highest comparable unit value to the subject parcel and takes into account the potential risks and costs in proceeding to trial. The making of the Offer of Judgment will require the Respondents to carefully assess their claims for compensation. Respondents will have thirty days from the date of mailing the offer to accept. If Respondents accept, the County will be required to deposit $700 into the registry of the Court, which will be paid to Respondents by Stipulated Final Judgment of the court. If Respondents reject the offer, and fail to recover more than $6,300 for Parcel 203, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondents after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the terms of the Offer of Judgment to be reasonable. ~SCAL IMP ACT: Funds in the amount of $700 are available in the FY 03 adopted budget. :~ Source of funds are Gas Taxes and Impact Fees. ,"""'" "'~....,~~--..- . ........~ .. \u\Ll MAR 11 2003 \ . .._-,.-... GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the terms of the Offer of Judgment and authorize its service on Respondents, and 2. Approve the expenditure of funds as stated; and 3. Authorize $700 to be paid into the Registry of the Court in the event the Offer of Judgment is accepted by Respondents; and 4. Approve Stipulated Final Judgment based on the acceptance of the Offer of Judgment. SUBMITTED BY: ~~ ~(1~ --Ellen T. Chadwell Assistant County Attorney Date: ':-~""o3 REVIEWED BY: Date: ,? - .Z'~ -0...3 REVIEWED BY: evi, e ricks, ROW A quisition Manager TranSPtrtatir~w 1 .~~~.. Gregg Strakaluse, Director TransportationlECM /I / Date: 2 ~ ).4.-03 REVIEWED BY: Date: ,/l/U~ I I APPROVED BY: Date: 0')/ all /0 ~ / .- -.;........."',,--- ....- ...,... :. 2 \It ~\ MAR 11 2003 d- IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No.: 02-2118-CA-HDH v. Parcel No.: 203 JEFFREY A. RICHARDSON, et al., Respondents. / NOTICE OF SERVICE OF PETITIONER'S OFFER OF JUDGMENT COMES NOW the Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned attorney, as to Parcel 203 in the above-styled cause, and files this Notice of Service of Petitioner's Offer of Judgment to the Respondent, ZUNILDA G. CONFORTE and SHEVLA Z. CONFORTE, as Trustees of the Conforte Residual Credit Shelter Trust of Rodolfo R. Conforte U/ND 2/08/01, c/o Respondents' counsel, Jackson Bowman, Esquire. I HEREBY CERTIFY that a true and correct copy ofthe foregoing Notice of Service of Petitioner's Offer of Judgment has been furnished via regular U.S. Mail this lIth day of March, 2003, to Jackson Bowman, Esq., BRIGHAM MOORE, LLP, 100 Wallace Avenue, Suite 310, Sarasota, FL 34237, and to E. Glenn Tucker, Esq., RHODES & TUCKER, P. O. Box 887, Marco Island, FL 34146. Ellen T. Chadwell Florida Bar No. 0983860 Assistant County Attorney Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Attorney for Petitioner ~..._","" \C, ~ I MAR 1 : ~~:3 3 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY. FLORIDA, a political subdivision of the State of Florida. Petitioner. Case No.: 02-2118-CA-HDH v. Parcel Nos.: 203 JEFFREY A. RICHARDSON, et aI., Respondents. I OFFER OF JUDGMENT TO: Zuni Ida G. Conforte and Sheyla Z. Conforte. as Trustees of the Rodolfo Conforte Residual Credit Shelter Trust of Rodolfo R. Conforte U/AID 2/08/01 clo Jackson Bowman. Esq. BRIGHAM MOORE, LLP 100 W allace Avenue Suite 310 Sarasota, FL 34237 Plaintiff, COLLIER COUNTY. FLORIDA, pursuant to Section 73.032. Florida Statues. and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondents, ZUNILDA G. CONFORTE and SHEVLA Z. CONFORTE, as Trustees of the Conforte Residual Credit Shelter Trust of Rodolfo R. Conforte U/AID 2/08/01 ("Respondents"), for all compensation. including severance damages. business damages, costs to cure, together with the value of the taking. and any other claims of Respondents arising out of the taking of Parcel 203. in the total amount of Six Thousand Three Hundred and No/tOO Dollars ($6,300.00), for Parcel 203. which includes the amount of $5,600.00 which was deposited pursuant to the Order of Taking dated August 27.2002. _ llo _ ..- \ -. tv ~I MAR 1 1 2003 Lf There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include interest from the date ofthe Order of Taking or attorneys fees and costs. The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondents' review upon reasonable notice of such a request. Dated this 11th day of March, 2003. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile BY: ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 ATTORNEY FOR PETITIONER CERTIFICATION OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Offer of Judgment has been furnished by U.S. Mail, to: Jackson Bowman, Esq., BRIGHAM MOORE, LLP, 100 Wallace Avenue, Suite 310, Sarasota, FL 34237, on this 11th day of March, 2003. ELLEN T. CHADWELL, ESQUIRE ---......,--. -- '~'~I MAR 1 t 2003 ~ EXECUTIVE SUMMARY TO APPROVE THE SUBORDINATION OF COUNTY's SIDEWALK EASEMENT INTERESTS TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND WAIVE COUNTY'S APPORTIONMENT CLAIM AGAINST THE PROPERTY OWNERS. OBJECTIVE: That the Board of County Commissioners approve the proposed subordination of its sidewalk easements to the State of Florida Department of Transportation for those parcels being acquired for the 1-75 interchange at Golden Gate Parkway and to waive the County's apportionment claims for compensation from the property owners. CONSIDERA TIONS: The State of Florida Department of Transportation (hereinafter "FDOT") has initiated condemnation proceedings to acquire property needed for the construction of the 1-75 interchange at Golden Gate Parkway. The County owns a number of easements for sidewalk and bike paths in the project area, which easements encumber thirteen parcels being acquired by FDOT for this project. Because of the County's property interest, it has been named as a defendant in these pending condemnation proceedings. ,.............. FDOT has requested that the County subordinate its interests in the property being condemned. If the County subordinates its interest in these parcels, FDOT will not need to condemn the County's interest in pending and future suits and may dismiss the County from those actions which are currently pending. If the County agrees to subordinate its interests it will not be able to seek compensation for the loss of these property rights. As partial consideration for the subordination, FDOT will be transferring the access roads in the four quadrants of the interchange to the County. Because an easement represents a portion of the total fee simple property rights being acquired, the County could seek a portion or percentage of the full compensation to be paid by FDOT for the fee simple interests. However, that would require that the County make a claim against the property owner for a portion of the proceeds of the full compensation going to the property owner, and that the County prove through appraisal opinion the value of tbat easement interest. The completed interchange project will consist of a pedestrianlbicycle pathway, which will replace the existing sidewalk improvements and restore the public benefit currently derived from the sidewalk easements. The improvements being lost by virtue of the acquisition of the sidewalk are therefore replaced in the after condition. As for cost of these easement interests, the majority of these sidewalk easements were acquired by the County through donation from the underlying property owners or their predecessors and the current market value of these easements is nominal. .-.. In evaluating FDOT's request, staff has estimated the value of the easement interests using conclusions made by both the County's independent appraiser and FDOT's appraiser. Both appraisers maintain that, based on sales data collected, the market does not reflect a value being placed on these easements. Consequently the County's appraiser has valued th Coiiij~y'~~- :~.:,";- r ~;;1 easements at one percent (l %) of the total fee value. FDOT is acquiring thirteen (13 parc~.~._L(,j.~ which the County has an easement interest. The size of these easements range from 50 square feet to 6600 square feet. Based on the FDOT's values per acre ($75,000 to $80,00 per",~) 1 'j 2003 pg._.._I- . and using the total square footage of all thirteen easements, the total value of these sidewalk easements is less than $500. Staff has considered the proposed subordination of the County's easements and the waiver of compensation and believe it to be in the best interest of the public. .00J FISCAL IMPACT: None. , )\ GROWTH MANAGEMENT IMPACT: None. RECOMMENDA TION: That the Board of County Commissioners: 1. Approve the subordination of the County's interests to State of Florida Department of Transportation; 2. Authorize its Chairman to execute the Subordination attached hereto; 3. Direct staff to forgo the prosecution of any apportionment claim for the County's sidewalk easement interests in all pending and future condemnation actions filed by mOT for the I-75/Golden Gate Parkway Interchange Project; and 4. Authorize staff to execute and record such documents as are necessary to implement the Board's decision. 7 1 /1 II i .. 'i Submitted b~{ /'tLc \/ (' l__A_I/~~~~ Ellen T. cha7st County Attorney Q, Date: ~/..;;;- / '03 Approved by: Gregg Strakaluse, TE Date: Z-;?6 -tJ5 Reviewed by: /~ Date: 1- - .l0-Q3 Date: J-hk1 / / - Approved by: Date: 2 MAR 1 i 2003 p. V g._------- F.P. No. 200732 PARCELS: SECTION: 03175-2430 STATE ROAD 1-75 COUNTY: Collier SUBORDINATION OF SIDEWALK EASE.MENTS THIS AGREEMENT, made this day .)f , 2003, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter called the "COUNTY", and the ST ATE OF FLORIDA DEPARTMENT OF TRANSPORT A TION, whose post office box address is: Post Office Box 1249, Bartow, Florida 33831-1249, hereinafter called the "DEP ARTMENT." WITNESSETH: WHEREAS, COUNTY is the holder of certain sidewalklbike path easements~ and, WHEREAS, a portion of the land encumbered by these easements is required by the DEPARTMENT for public transportation purposes~ and WHEREAS, the parties intend that the Golden Gate Parkway will continue to function as a transportation facility~ and WHEREAS, the Department intends, following construction of its Project No. 200732, to convey certain portions of the improvements it constructs as part of this project to the COUNTY for future maintenance and control, which portions have been identified by the Department in a letter attached hereto. NOW THEREFORE, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, and in consideration of the foregoing premises, the receipt and sufficiency of which is hereby acknowledged, COUNTY hereby agrees, covenants, and consents with the Department that the aforesaid easements shall be subject to and subordinate to the property rights of the Department insofar as said easements affect the following described property, viz: SEE EXHIBIT "A" This subordination agreement shall be binding upon the inure to the benefit of the respective heirs, legal representatives, successors and assigns of the parties hereto. The above recitals are incorporated herein as part of this agreement. -~~...--... ,.,.,.- ,~.-< ;~~ lJ' t-? MAR 1 \ 2003 -3 FOOT Subordination Agreement 1-75/Golden Gate Parkway Interchange Project Page 2 of 2 IN WITNESS WHEREOF, the COUNTY has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairperson or Vice-Chairperson of said Board, the day and year aforesaid. A TrEST: DWIGHT E. BROCK CLERK OF COURT COLLIER COUNTY, by its BOARD OF COUNTY COMMISSIONERS By: By: Deputy Clerk TOM HENNING, Chairman Approved as to form and legal sufficiency: Ellen T. Chadwell -"~~"f~-;.~~ ~...! MAR 11 2003 '1 _~~ , FP NO. 2007321 SECTION 03175-2430 PARCEL 104 A) That portion of Tract 84, Golden Gate Estates Unit No. 29, a . subdivision lying in sections 29 and 30, Township 49 South, Range 26 East, as per plat thereof recorded in Plat Book 7, Page 57, Public Records of Collier County, Florida. Being described as follows: BEGIN at the southeast corner of said Tract 84, said corner being on the survey base line of Golden Gate Parkway (C.R. 886); thence along the south line of said Tract 84, South 89005'08" West a distance of 179.92 feet; thence North 00053'55" West a distance of 75.00 feet; thence North 89005'08" East a distance of 179.93 feet to the east line of said Tract 84; thence along said east line, South 00053134" East a distance of 75.00 feet to the POINT OF BEGINNING. containing 13,494 square feet. Together with all rights of ingress, egress, light, air and view between the grantor's remaining property and any facility constructed on the above described property. ALSO B) That portion of Tract 84, Golden Gate Estates Unit No. 29, a subdivision lying in Sections 29 and 30, Township 49 South, Range 26 East, as per plat thereof recorded in Plat Book 7, Page 57, Public Records of Collier County, Florida. Being described as follows: Commence at the southeast corner of said Tract 84, said corner being on the survey base line of Golden Gate Parkway (C.R.886); thence along the east line of said Tract 84, North 00053'34" West a distance of 75.00 feet for a POINT OF BEGINNING; thence South 89005108" West a distance of 179.93 feet; thence North 00053155" West a distance of 60.00 feet; thence North 89005'08" East a distance of 179.94 feet to said east line of Tract 84; thence along said east line, South 00053'34" East a distance of 60.00 feet to the POINT OF BEGINNING. Containing ~0,796 square feet. by: EXHIBIT "A" Page I -6 ,5" . --... ~.~-,...- ~ ~ \ ~.~<{ MAR 1 1 2C~3 :5 .- ..-:::._.. FP NO. 2007321 SECTION 03175-2430 PARCEL 105 A) That portion of Tract 97, Golden Gate Estates Unit No. 29, a subdivision lying in Sections 29 and 30, Township 49 South, Range 26 East, as per plat thereof recorded in Plat Book 7', Page 57, Public Records ot Collier County, Florida. Being described as follows: BEGIN at the southwest corner of said Tract 97, said corner being on the survey base line of Golden Gate Parkway (C.R. 886); thence along the west line of said Tract 97, North 0005313411 West a distance of 75.00 feet; thence North 89005'08" East a distance of 179.93 feet; thence South 00053'13" East a distance of 75.00 feet to the south line of said Tract 97; thence along said south line, South 89005108" West a distance of 179.92 feet to the POINT OF BEGINNING. Containing 13,494 square feet. Together will all rights of ingress, egress, light, air and view between the grantor's remaining property and any facility constructed on the above described property. ALSO B) That portion of Tract 97, Golden Gate Estates Unit No. 29, a subdivision lying in Sections 29 and 30, Township 49 south, Range 26 East, as per plat thereof recorded in Plat Book 7, Page 57, -Public Records of Collier County, Flori8a. Being described as follows: Commence at the Southwest corner of said Tract 97, said corner being on the survey base line of Golden Gate Parkway (C.R. 886); thence along the west line of said Tract 97, North 0005313411 West a distance of 75.00 feet for a POINT OF BEGINNING; thence continue along said west line, North 00053'3411 West a distance of 60.00 feet; thence North 89005'08" East a distance of 179.94 feet; thence South 00053113" East a distance of 60.00 feet; thence South 89005'08" West a distance of 179.93 feet to the POINT OF BEGINNING. Containing 10,796 square feet. . Sharp P.L.S. #4388 Date: I ~ - (:).~ - o"'l-- NOT VALID UNLESS EMBOSSED EXHIBIT IIAII Page '2-" IS'" :.0:.. _~ \ Lo' -f-- ~ MAR f 1 L~j3 & FP NO. 2007321 SECTION 0317S-2430 PARCEL 106 A) That portion of Tract 97, Golden Gate Estates unit No. 29, a 'subdivision lying in sections 29 and 30, Township 49 South, Range 26 East, as per plat thereof recorded in Plat Book 7, Page S7, Public Records of Collier county, Florida. Being described.as follows: BEGIN at the southeast corner of said Tract 97, said corner being on the survey base line of Golden Gate Parkway (C.R. 886); thence along the south line of said Tract 97, South 8900S'08" West a distance of lS0.00 feet; thence North 00DS3'13" West a distance of 7S.00 feet; thence North 89DOS'08" East a distance of lS0.00 feet to the east line of said Tract 97; thence along said east line, South 00DS31131f East a distance of 7S.00 feet to the POINT OF BEGINNING. containing 11,2S0 square feet. Together with all rights of ingress, egress, light, air and view between the grantor1s remaining property and any facility constructed on the above described property. ALSO B) That portion of Tract 97, Golden Gate Estates Unit No. 29, a subdivision lying in Sections 29 and 30, Township 49 South, Range 26 East, as per plat thereof recorded in Plat Book 7, Page 57, Public Records of Collier county, Florida. Being described as follows: '., Commence at the southeast corner of said Tract 97, said corner being on the survey base line of Golden Gate Parkway (C.R. 886); thence along the east line of said Tract 97, North 000S3113" West a distance of 7S.00 feet for a POINT OF BEGINNING; thence South 89005'08" West a distance of lS0.00 feet; thence North 00053'131f West a distance of 60.00 feet; thence North 8900S'08" East a distance of 150.00 feet to said east line of Tract 97; thence along said east line, South 00053'13" East a distance of 60.00 feet to the POINT OF BEGINNING. containing 9,000 square feet. by: EXHIBIT "AIf Page ~ J- l5'" :;~.<\ G"~ <( MAR 11 2~:J ( FP NO. 2007321 SECTION 03175-2430 PARCEL 107 A) Those portions of Tracts 96 and 98, Golden Gate Estates Unit 'No. 29, a subdivision lying in sections 29 and 30, Township 49 South, Range 26 East, as per plat thereof recorded in Plat Book 7, Page 57, Public Records of Collier County, Florida, . Being described as follows: BEGIN at the northeast corner of said Tract 96 also being the southeast corner of said Tract 98, said corners being on the survey base line of Golden Gate Parkway (C.R. 886); thence along the east line of said Tract 96, South 00052'53" East a distance of 82.89 feet; thence North 76010'48" West a distance of 31.02 feet; thence South 89005'08" West a distance of 299.92 teet to the west line of said Tract 96; thence along the west line of said Tracts 96 and 98, North 00053'13" West a distance of 150.00 feet; thence North 89005'08" East a distance of 329.93 feet to the east line ot said Tract 98; thence along said east line, South 00052'53" East a distance of 75.00 teet to said southeast corner of Tract 98, said corner being on the survey base line of said Golden Gate Parkway; thence along the south line of said Tract 98, South 89005'08" West a distance of 30.00 feet to the westerly existing right of way line of State Road 93 (1-75 (per Section 03175-2404)J; thence along said west existing right of way line the fOllowing three (3) courses: North 00052'53" West a distance of 70.00 feet; South 82019'49" West a distance of 170.02 feet; South 00054'52" East a distance of 50.00 to the survey base line of said Golden Gate Parkway and end of said courses; thence along said survey base line, North 89005'08" East a distance of 198.80 feet to the POINT OF BEGINNING. contai~ing 39,479 square feet. Together with all rights of ingress, egress, light, air and view between the grantor's remaining property and any facility constructed on the above described property. ALSO B) That portion of Tract 98, Golden Gate Estates Unit No. 29, a subdivision lying in sections 29 and 30, Township 49 South, Range 26 East, as per plat thereof recorded in Plat Book 7, Page 57, Public Records of Collier County, Florida. Being described as tollows: Commence at the southwest corner of said Tract 98; thence along the west line of said Tract 98, North 00053'13" West a distance of 75.00 feet for a POINT OF BEGINNING; thence continue along said west line, North 00053'13" West a distance of 60.00 feet; thence North 89005'0811 East a distance of 299.94 feet; thence South 00052'53" East a distance of 60.00 feet; thence South 89005'08" West a distance of 299.93 feet to the POINT OF BEGINNING. EXHIBIT "A" Page 4 ,f IS- -_.~.-- ...... \~. \L-<}- MAR 11 2~"J 7 -~-- containing 17,996 square feet. ALSO C) Tbat portion of Tract 96, Go~den Gate Estate. Unit No. 29, a subdivision ~yinq in sections 29 and 30, Township 49 South, Range .26 East, as per plat thereo~ recorded in Plat Book 7, Page 57, Public Records of Collier county, Florida. Being described as follows: Commence at the southeast corner of said Tract 96; thence along the south line of said Tract 96, South 89005'08" West a distance of 30.00 feet for a POINT OF BEGINNING; thence continue south 89005'08" West a distance of 299,86 feet to the west line of said Tract 96; thence along said west line, North 00053'13" West a distance of 329.80 feet; thence North 89005'50" East a distance of 299.89 feet to the west existing right of way easement line of 64th Street S.W. per said plat; thence along said west existing right of way easement line, South 00052'53" East a distance of 329.74 feet to the POINT OF BEGINNING. containing 2.270 acres. EXHIBIT' "A" - Page g ,J ,..;" ;-.-~.;.---. I ~ · "1-- ~ MAR f 1 2~"3 q V~ FP NO. 2007321 SECTION 03175-2430 PARCEL 126 That portion of Tract 18, Golden Gate Estates Unit No. 30, a subdivision lyinq in Section 29, Township 49 South, Ranqe 26 East, as per plat thereof recorded in Plat Book 7, paqe 58, Public Records of Collier County, Florida. Beinq described as follows: BEGIN at the southeast corner of said Tract 18, said corner beinq on the survey base line of Golden Gate Parkway (C.R. 886); thence alonq the south line of said Tract 18, South 89005'08" West a distance of 30.00 feet to the easterly existinq riqht of way line of State Road 93 [1-75 per Section 03175-2404)); thence alonq said easterly existinq riqht of way line, North 00048'00" West a distance of 54.99 feet; thence continue"alonq said easterly existinq riqht of way line, North 81056'07" West a distance of 151.74 feet; thence North 00054'09" West a distance of 96.28 feet to the beqinninq of a curve concave northeasterly and havinq a radius of 706.00 feet; thence alonq the arc of said curve to the left a distance of 151.09 feet throuqh a central anq1e of 12015'43" with a chord bearinq South 84005'59" East to the end of said curve; thence South 00055'07" East a distance of 82.05 feet; thence North 89005'08" East a distance of 30.00 feet to the east line of said Tract 18; thence a10nq said east line, South 00055'07" East a distance of 75.00 feet to the POINT OF BEGINNING. Containinq 16,691 square feet. Toqether with all riqhts of inqress, egress, liqht, air and view between the grantor's remaininq property and any facility constructed on the above described property. EXHIBIT "A" paqe 6 ,f I~ -"'(~ . \~ 9" MAR 1 1 2003 lO FP NO. 2007321 SECTION 03175-2430 PARCEL 127 A) That portion of Tract 27, Golden Gate Estates Unit No. 30, a . subdivision lying in section 29, Township 49 South, Range 26 East, as per plat thereof recorded in Plat Book 7, Page 58, Public Records of Collier county, Florida. Being described as follows: BEGIN at the southwest corner of said Tract 27, said corner being on the survey base line of Golden Gate Parkway (C.R. 886); thence along the west line of said Tract 27, North 00055'07" West a distance of 75.00 feet; thence North 89005'08" East a distance of 180.02 feet; thence South 00048'01" East a distance of 75.00 feet to the south line of said Tract 27; thence along said south line, south 89005'08" West a distance of 179.86 feet to the POINT OF BEGINNING. containing 13,496 square feet. Together with all rights of ingress, egresS, light, air and view between the grantor's remaining property and any facility constructed on the above described property. ALSO B) That portion of Tract 27/ Golden Gate Estates Unit No. 30, a subdivision lying in Section 29, TownShip 49 South, Range 26 East, as per plat thereof recorded in Plat Book 7, Page 58, pUblic Records of Collier County, Florida, Being described as follows: Commence at the southwest corner of said Tract 27/ said corner being on the survey base line of Golden Gate Parkway (C.R. 886); thence along the west line of said Tract 27/ North 00055'07" West a distance of 75.00 feet; thence North 89005'08" East a distance of 30.00 feet for a POINT OF BEGINNING; thence North 00055'07" West a distance of 60.00 feet; thence North 89005'08" East a distance of 150.14 feet; thence South 00048'01" East a distance of 60.00 feet; thence South 89005'08" West a distance of 150.02 feet to the POINT OF BEGINNING. containing 9,005 square feet. P.L. - o3-o'Z.- UNLESS EMBOSSED EXHIBIT "A" page'" ~ I~ ...........~....P'- l ~ l: 2' MAR 11 2003 \\ FP NO. 2001321 SECTION 03175-2430 PARCEL 128 A) That portion at Tract 27, Golden Gate Estates Unit No. 30, a 'subdivision lying in Section 29, Township 49 South, Range 26 East, as per plat thereat recorded in Plat Book 7, Page 58, Public Records at Collier County, Florida. Being described as tallows: BEGIN at the southeast corner of said Tract 27, said corner being on the survey base line of Golden Gate Parkway (C.R. 886); thence along the south line at said Tract 27, South 89005'08" West a distance at 150.00 feet; thence North 00048'01" West a distance of 75.00 feet; thence North 89005'08" East a distance ot 150.00 feet to the east line of said Tract 27; thence along said east line, South 00048'01" East a distance ot 75.00 feet to the POINT OF BEGINNING. Containing 11,250 square feet. Together with all rights of ingress, egress, light, air and view between the grantor's remaining property and any facility constructed on the above described property. ALSO B) That portion of Tract 27, Golden Gate Estates Unit No. 30, a sUbdivision lying in Section 29, Township 49 South, Range 26 East, as per plat thereof recorded in Plat Book 7, Page 58, Public Records of Collier County, Florida, Being described as follows: " Commence at the southeast corner of said Tract 27; thence along the east line of said Tract 27, North 00048'01" West a distance of 75.00 feet for a POINT OF BEGINNING; thence South 89005'08" West a distance of 150.00 feet; thence North 00048'01" West a distance ot 60.00 feet; thence North 89005'08" East a distance of 150.00 teet to said east line of Tract 27; thence along said east line, South 00048'01" East a distance ot 60.00 feet to the POINT OF BEGINNING, Containing 9,000 square teet. by: /Sharp P.L . 14388 Date: 0 - 03- o"z- NOT VALID UNLESS EMBOSSED EXHIBIT "A" Page e ,f ,t(" ~'~l'~ t- ~ MAR 11 2003 \d- FP NO. 2007321 SECTION 03175-2430 PARCEL 129 A) That portion of Tract 34, Golden Gate Estates unit No. 30, a 'subdivision lying in Section 29, Township 49 South, Range 26 East, as per plat thereof recorded in Plat BOOK 7, Page 58, Public Records of Collier county, Florida. Being described,as follows: BEGIN at the southwest corner of said Tract 34, said corner being on the survey base line of Golden Gate ParKway (C.R. 886); thence along the west line of said Tract 34, North 00048'01" West a distance of 75.00 feet; thence North 89005'08" East a distance of 75.00 feet; thence South 00048'01" East a distance of 75.00 feet to the south line of said Tract 34; thence along said south line, south 89005'08" West a distance of 75.00 feet to the POINT OF BroDn~. . . containing 5,625 square feet. Together with all rights of ingress, egress, light, air and view between the grantor's remaining property and any facility constructed on the above described property. ALSO B) That portion of Tract 34, Golden Gate Estates Unit No. 30, a subdivision lying in section 29, Township 49 South, Range 26 East, as per plat thereof recorded in Plat BOOK 7, Page 58, Public Records of Collier County, Florida. Being described as follows: '.. Commence at the southwest corner of said Tract 34; thence along the west line of said Tract 34, North 00048'01" West a distance of 75.00 feet for a POINT OF BEGINNING; thence continue along said west line, North 00048'01" West a distance of 60.00 feet; thence North 89005108" East a distance of 75.00 feet; thence South 00048101" East a distance of'60.00 feet; thence South 89005'08" West a distance of 75.00 feet to the POINT OF BEGINNING, Containing 4,500 square feet. EXHIBIT "A" Page q wf Is'" ...{u \L ~/ MAR f 1 2OJ3 \Q F.P. NO. 2007321 SECTION 03175-2430 PARCEL 130 A) That portion of Tract 34, Golden Gate Estates Unit No. 30, a 'subdivision in Section 29, Township 49 South, Range 26 East, as per plat thereof recorded in Plat Book 7, Page 58, Public Records of Collier County, Florida. Being described.as follows: Commence at the southeast corner of said Tract 34, said corner being on the survey base line of the Golden Gate Parkway (C.R. 886); thence along the south line of said Tract 34, South 89005'08" West a distance of 179.86 feet for a POINT OF BEGINNING; thence continue South 89005'08" West a distance of 75.00 feet; thence North 00048'01" West a distance of 75.00 feet; thence North 89005'08" East a distance of 75.00 feet; thence South 00048'01" East a distance of 75.00 feet to the POINT OF BEGINNING. Containing 5,625 square feet. Together with all rights of eqress, ingress, light, air and view between the qrantor's remaining property and any facility constructed on the above described property. ALSO B) That portion of Tract 34, Golden Gate Estates Unit No. 30, a subdivision in Section 29, Township 49 South, Range 26 East, as per plat thereof recorded in Plat Book 7, Page 58, Public Records of Collier County, Florida. Being described as follows: Commence at the southeast corner of said Tract 34, said corner being on the survey base line of the Golden Gate Parkway (C.R. 886); thence along the south line of said Tract 34, South 89005'08" West a distance of 179.86 feet; thence North 00048'01" West a distance of 75.00 feet for a POINT OF BEGINNING; thence South 89005'08" West a distance of 75~00 feet; thence North 00048'01" West a distance of 60.00 feet; thence North 89005'08" East a distance of 75.00 feet; thence South 00048'01" East a distance 60.00 feet to the POINT OF BEGINNING. Containing 4,500 square feet. EXHIBIT "A" ,. Page 11) 'll~ --.....~~- --- - lLR ,\(- ')- MAR 1 1 2003 \~ F.P. NO. 2007321 SECTION 03175-2430 PARCEL 131 A) That portion of Tract 34, Golden Gate Estates Unit No. 30, a subdivision in Section 29, Township 49 South, Range 26 Ea~t, as per plat thereof recorded in Plat Book 7, Page 58, Public Records . of Collier County, Florida. Being described as follows: Commence at the southeast corner of said Tract 34, said corner being on the survey base line of the Golden Gate Parkway (C.R. 886); thence along the south line of said Tract 34, South 89005'08" West a distance of 104.86 feet for a POINT OF BEGINNING; thence continue South 89005'08" West a distance of 75.00 feet; thence North 00048'0111 West a distance of 75.00 feet; thence North 89005'08" East a distance of 75.00 feet; thence South 00048'01" East a distance of 75.00 feet to the POINT OF BEGINNING. containing 5,625 square feet. Together with all rights of egress, ingress, light, air and view between the grantor's remaining property and any facility constructed on the above described property. ALSO B) That portion of Tract 34, Golden Gate Estates Unit No. 30, a subdivision in Section 29, Township 49 South, Range 26 East, as per plat thereof recorded in Plat Book 7, Page 58, Public Records of Collier County, Florida. Being described as follows: Commence at the southeast corner of said Tract 34, said corner being on the survey base line of the Golden Gate Parkway (C.R. 886); thence along the south line of said Tract 34, South 89005'08" West a distance of 104.86 feet; thence North 00048'01" West a distance of 75.00 feet for a POINT OF BEGINNING; thence South 89005'0811 West a distance of 75.00 feet; thence North 00048'01" West a distance of 60.00 feet; thence North 89005'08" East a distance of 75.00 feet; thence So~th 00048'01" East a distance 60.00 feet to the POINT OF BEGINNING. containing 4,500 square feet. EXHIBIT "A"".. Page II tJo:. -10 -.,. -- \-v \L: <(- MAR 1 1 20:3 - \0 F.P. NO. 2007321 SECTION 03175-2430 PARCEL 132 A) That portion of Tract 34, Golden Gate Estates Unit No. 30, a 'subdivision in section 29, Township 49 South, Range 26 East, as per plat thereof recorded in Plat Book 7, Page 58, Public Records of Collier County, Florida. Being described .as follows: BEGIN at the southeast corner of said Tract 34, said corner being on the survey base line of the Golden Gate Parkway (C.R. 886); thence along the south line of said Tract 34, South 89005'08" West a distance of 104.86 feet; thence North 00048'0111 West a distance of 75.00 feet; thence North 89005'0811 East a distance of 104.86 feet to the east line of said Tract 34; thence along said east line south 00048'1211 East a distance of 75.00 feet to the POINT OF BEGINNING. containing 7,865 square feet. Together with all rights of egress, ingress, light, air and view between the grantor's remaining property and any facility constructed on the above described property. ALSO B) That portion of Tract 34, Golden Gate Estates Unit No. 30, a subdivision in Section 29, Township 49 South, Range 26 East, as per plat thereof recorded in Plat Book 7, Page 58, Public Records of Collier county, Florida. Being described as follows: '. Commence at the southeast corner of said Tract 34, said corner being on the survey base line of the Golden Gate Parkway (C.R. 886); thence along the east line of said Tract 34, North 00048'12" West a distance of 75.00 feet for a POINT OF BEGINNING; thence South 89005'0811 West a distance of 104.86 feet; thence North 00048'01" West a distance of 60.00 feet; thence North 89005'08" East a distance of 104.85 feet; thence South 00048'12" East a distance 60.00 feet to the POINT OF BEGINNING. containing 6,291 square feet. EXHIBIT. "A" . Page 12...t 1~ "-'."c-. "_ \ lo'\L sr MAR 1 t 2003 tv F.P. NO. 2007321 SECTION 03175-2430 PARCEL 133 A) Those portions ot Tracts 43 and 50, Golden Gate Estates Unit No, JO, a subdivision in section 29, Township 49 South, Range 26 East, as per plat thereof recorded in Plat Book 7, Page 58, Public Records of Collier County, Florida. Being described as tollows: BEGIN at the southwest corner of said Tract 43, said corner being on the survey base line of the Golden Gate Parkway (C.R. 886); thence alonq the west line of said Tract 43, North 00048112" West a distance of 75,00 feet; thence North 89005'08" East a distance of 629.86 feet; thence South 00048'18" East a distance of 75.00 feet to the south line of said Tract 50; thence along the south line of said Tracts 43 and 50, South 89005108" West a distance of 629.86 feet to the POINT OF BEGINNING. containing 1.084 acres. Toqether with all rights of eqress, inqress, liqht, air and view between the grantor's remaining property and any facility constructed on the above described property. ALSO B) Those portions of Tracts 43 and 50, Golden Gate Estates Unit No. 30, a subdivision in Section 29, Township 49 South, Ranqe 26 East, as per plat thereof recorded in Plat Book 7, paqe 58, Public Records of Collier County, Florida. Being described as follows: EXHIBIT "A" paqe )3 16'" ". \ l.; .o\e ~ ' MAR 11 2003 \\ Commence at the southwest corner of said Tract 43, said corner being on the survey base line of the Golden Gate Parkway (C.R. 886); thence along the west line of said Tract 43, North 00048'12" West a distance of 75.00 feet for a POINT OF BEGINNING; thence continue North 00048'12" West a distance of 60.00 feet; thence North 89005'08" East a distance of 465.11 feet to the beginning of a curve concave northwesterly and having a radius of 45.00 feet; thence along the arc of said curve to the left a distance of 35.64 feet through a central angle of 45023'03" with a chord bearing of North 66046'40" Ea~t to the end of said curve; thence North 44005'06" East a distance of 73.63 feet to the beginning of a curve concave southerly and having a radius of 105.00 feet; thence along the arc of said curve to the right a distance of 82.47 feet through a central angle of 45000'02" with a chord bearing of North 66035'07" East to the end of said curve; thence North 89005'08" East a distance of 6.49 feet; thence North 00048'18" West a distance of 66.73 feet; thence North 89005'06" East a distance of 30.00 feet to the east line of said Tract 50; thence along said east line South 00048'18" East a distance of 297.73 feet to the southeast corner of said Tract 50, said corner being on the survey base line of Golden Gate Parkway (C.R. 886); thence along the south line of said Tract 50, South 89005108" West a distance of 30.00 feet; thence North 00048'18" West"-a distance of 164.99 feet to the beginning of a curve concave southwesterly and having a radius of 6.00 feet; thence along the arc of said curve to the left a distance of 9.38 feet through a central angle of 89034121" with a chord bearing of North 45035'29" West to the end of said curve and the beginning of a curve concave southerly and having a radius of 45.00 feet; thence along the arc of said curve to the left a distance of 35.76 feet through a central angle of 45032'05" with a chord bearing of South 66051'18" West to the end of said curve; thence South 44005106" West a distance ot 73.63 teet to the beginning of a curve concave northwesterly and having a radius of 105.00 feet; thence along the arc of said curve to the right a distance of 82.01 feet through a central angle of 44045'01" with a chord bearing of South 66027'33" West to the end of said curve; thence South 89005'08" West a distance of 465.99 feet to the POINT OF BEGINNING. Containing 1.119 acres. EXHIBIT "A" Page I" i l~ ~~~I"~f-~ MAR 1 1 2003 \~ F.P. NO. 2007321 SECTION 03175-2430 PARCEL 144 That portion of Tract 59, Golden Gate Estates unit No. 30, a subdivision in section 29, Township 49 South, Ranqe 26 East, as per plat thereof recorded in Plat Book 7, paqe 58, Public Records of Collier County, Florida. Beinq described as follows: BEGIN at the southwest corner of said-Tract 59, said corner beinq on the survey base line of the Golden Gate Parkway (C.R. 886); thence alonq the west line of said Tract 59, North 00048118" West a distance of 297.73 feet; thence North 89005'06" East a distance of 30.00 feet; thence South 00048'18" East a distance of 297.73 feet to the south line of said Tract 59; thence alonq said south line South 89005'08" West a distance of 30.00 feet to the POINT OF BEGINNING. containinq 8,932 square feet. by: EXHIBIT "A" ". paqe 1S'ci'I'S - 110 ~, -. \'L, ~ ~ t-1AR 11 20u3 \'1. 02/!3/2003 17:00 FAX 2396595771 . TRANSP RIGHT/WAY ~001 147 P02. FEB 11 · 03 12: 48 ~ ... t--~~ ; . .~ \./ '. 'I:: ~ ......-, '. . . . . .fQ.8VIiE[ '. . . . . GOVUNOa" . la:auuy 24, 2003. MGR-U...Q3. . ". maMAS P.lIAuv, JJt. SBalB"I'A.RY' Mr~.Nt\""'~ Feder . Collier Coumy: GoYel'DD:1m1t . 267S Soutb:Horseshoe Drive Naples, FL 34104 . RBCBIVED JAN' 2 9 21m' Trrip~ . Services DIVIsion Subject: FmB1'lda) Piaject ID 200732~ 1-32-01 . . . .,,~-'" .Jntersta1e 75 at Golden G* Parkway Interchange Right of Way Isstif:s Dear Mr, Feder. The Depar1:me!1t.s Right of Way staffbas been in contact with.Mr.' Kavin He:odricks, frOm your office, regarding easemeut rights along GoIdea. Gate Parkway in the area of the new interchange construetion. Mr. ~ has. indicated that the County is willing to sign over their easemcmt rights for the roadway and sidewalk along .Golden Gate Parkway from 66111 Street SW to 60. Strcat SW. Mr. He:ndrlt-ks was woDdcriDg what areas of the interchange would be tumed back to the County der construction is complete. This letter is to notify you that the Department will tum back to the CDunty the aCcess roads in all four quadrants. These. access roads arc outside of the limited access right. of way, and are needed. to restore access to properties that the limited access right afway will wt off. . '. .. If you sbouJd have any concerns or quest:icms, please do not hesitate to contact me at . (239) 461-4300. Cr;: V J. Luster N.E. Mi1Is Mi~ G. Rippe Directar, Suutb.w.t-.Area 0f6ce .DlllriltOu, "~t Ana amc. 2%95 VIaDria AMalIe.... 01IICIl B..-l1130 · Part~ J'L _GUaO . . (D9) 461.... · CZ39) 338-2353 (Po) · M!J S.- 1t'\IrW.'" ,... fLu -... -"'- -. t~.\<- ~ · MA.~ 11 2003 ~ SIl8:YCl.aJ PN'eR . . . EXECUTIVE SUMMARY APPROVE THE AGREED ORDER AWARDING EXPERT FEES RELATIVE TO THE EASEMENT ACQUISITION OF PARCELS 733A, 733B, 733C, 733D, 733E, 733F, 833A, 833B, 933A AND 933B IN THE LA WSUIT ENTITLED COLLIER COUNTY V. MCALPINE BRIAR WOOD, INC., ET AL, CASE NO. 98-163S-CA (LIVINGSTON ROAD, PROJECT NO. 60061). OBJECTIVE: That the Board of County Commissioners approve the Agreed Order A warding Expert Fees to be paid for planning services, engineering services and appraisal services with respect to Parcels 733A, 733B, 733C, 733D, 733E, 733F, 833A, 833B, 933A and 933B in the lawsuit entitled Collier County v. McAlpine Briarwood, Inc., et al., Case No. 98-1635-CA (Livingston Road Project). CONSIDERATIONS: On July 23, 1998, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Livingston Road project (Project No. 60061). On August 12, 1998, Collier County deposited with the Registry of the Court the sum of $96,845.00 for Parcels 733A, 733B, 733C, 733D, 733E, 733F, 833A, 833B, 933A and 933B in accordance with the Order of Taking. -, On May 21, 2002, the Board of County Commissioners approved the Stipulated Final Judgment pertaining to these parcels. Pursuant to Section 73.091(1), Florida Statutes, the County has agreed to pay reasonable planning fees in the amount of $3950.00 for the services of Morris & DePew; reasonable engineering fees in the amount of $2350.00 for the services of Butler Engineering; and reasonable appraisal fees in the amount of $7500.00 for the appraisal services of W. Michael Maxwell & Associates, the terms of which are set out in the Agreed Order Awarding Expert Fees (attached as Exhibit" 1 "). Staff has reviewed the expert fees as set forth in the Agreed Order and considers them to be reasonable in light of the statutory requirements as to costs and fees imposed upon the condemning authority. ~""-FISCAL IMPACT: A budget amendment is needed to transfer funds in the amount of $13,800.00 \ from the Transportation Supported Gas Tax Reserve Fund. Source of Funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan for CIE Project No. 53. RECOMMENDA TION: That the Board of County Commissioners: 1. approve the terms of the Agreed Order Awarding Expert Fees; - 3. approve the necessary budget amendment. 1 1~~5i~Mq i t.;~ .~ ~ 1 1 2D03 -- .1.-------.- 2. approve the expenditure of the funds as stated; and ~ SUBMITTED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Date: cks, ROW Acq . . 'on Manager T]?li/-- Gregg Strakaluse, P.E., Director Transp ation tECM rJ..\c{ J ~ Heidi F. Ashton, Assistant County Attorney h: Lil\EmDom\Mcalpine\ExSum- Agreed Order ,'-" 2 Date: Date: Date: Date: I J2-C7/0 ~ ~ . 2-4-03 7-h ~~ ( ( Jj~ z 1I:d /~, 3 , , 'r- AC'~.ENDA lT~.M." a \ . ~> _J.bJr -=1 _. ". ,_. , 0\ ~rM. '. ,',:. .1 ' &,....u., f) \, .. . J..... .---- ~ IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No.: 98-1635-CA vs. Parcel Nos.: 733A, 733B, 733C, 733D, 733E, 733F, 833A, 833B, 933A, 933B MCALPINE BRIARWOOD, INC., a Florida corporation, et al., Respondents. / AGREED ORDER AWARDING EXPERT FEES THIS CAUSE, having come before the Court upon joint motion of the parties, Petitioner, COLLIER COUNTY, FLORIDA, and Respondent, BRIARWOOD DEVELOPMENT CORPORATION, by and through their undersigned counsel, KENNETH A. JONES, ESQUIRE, for entry of an Agreed Order Awarding Expert Fees, and the Court, being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay forthwith to ROETZEL & ANDRESS Trust Account, c/o Kenneth A. Jones, Esquire, 2320 First Street, Suite 1000, Fort Myers, Florida 33901, the aggregate sum of, THIRTEEN THOUSAND EIGHT HUNDRED DOLLARS AND 001100 ($13,800.00) which amount includes the sum of $3950.00 for the planning services of Morris-Depew Associates, Inc.; $2350.00 for the engineering services of Butler Engineering; and $7500.00 for the appraisal services of W. Michael Maxwell & Associates, Inc.; and ,.~~=.._~~..~ .. ~GEt~D! ITEM 9l 1\8._~ ~ , r'~~"'11 ?t1m I . J ~. 'J F IT IS FURTHER ORDERED AND ADJUDGED that this Agreed Order is subject to approval by the Collier County Board of County Commissioners. DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of ,2003. CIRCUIT COURT JUDGE conformed copies to: Heidi F. Ashton, Esquire Kenneth A. Jones. Esquire E. Glenn Tucker, Esquire Bookkeeping JOINT MOTION The parties, by and through their undersigned attorneys, move for entry of the foregoing Agreed Order Awarding Expert Fees. Dated: Dated: @ HEIDI F. ASHTON, ESQUIRE Florida Bar No. 0966770 Office of the County Attorney Harmon Turner Building 3301 East Tamiarni Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile A TIORNEY FOR PETITIONER KENNETH A. JONES, ESQUIRE Florida Bar No. 0200158 ROETZEL & ANDRESS 2320 First Street, Suite 1000 Fort Myers, Florida 33901 (941) 337-3850 - Telephone (941) 337-0970 - Facsimile A TIORNEY FOR RESPONDENT h: LiI\EmDomain\McAlpine\AgreedOrder-ExpenFees r ~ffii::i~~i " MAR 1 1 ');-~'{- . . '~'''\3 . ~~u 2 - --!f- >..-~ EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD AUTHORIZE THE PAYMENT OF ADJUSTED HOURLY RATES FOR OUTSIDE COUNSEL IN VANDERBILT SHORES CONDOMINIUM ASSOCIATION, INC., ET AI... V. COLUER COUNTY, AQUAPORT, LC, ET AI... V. COLUER COUNTY, ET AI..., AND THE BERT HARRIS ACT CLAIM AND RATIFY THE ADJUSTED RATES EFFECfIVE AS OF JANUARY 1,2003. OBJECTIVE: For the Board to authorize the payment of adjusted hourly rates for outside counsel in Vanderbilt Shores Condominium Association, Inc., et al. v. Collier County, Aquaport, LC, et al. v. Collier County, et al., and the Bert Hams Act claim and ratify the adjusted rates effective as of January 1,2003. CONSIDERATIONS: As the Board knows, the County is being represented in the case of Vanderbilt Shores Condominium Association, Inc., et al. v. Collier County (the "Bellagio Grande" case) by outside counsel Theodore Tripp and Mr. Tripp's law firm, Garvin & Tripp. Mr. Tripp and his law firm also are acting as co-counsel with the Office of the County Attorney in the case of Aquaport, LC, et al. v. Collier County, et al. ("68 room hotel" case). Finally, Mr. Tripp and his firm are representing the County in a Bert Harris Act claim that has been submitted by the plaintiffs in the Aquaport case. .- When Mr. Tripp and his firm were originally retained in February 2002, his hourly rates were $250.00 per hour. In addition, associates in his firm were billed at $150.00 per hour and $135.00 per hour respectively. Paralegals were billed at $50.00 per hour. Effective January 1,2003, Mr. Tripp and his firm raised rates. Mr. Tripp rates were raised to $300.00 per hour but he has agreed to limit his new rates to $275.00 per hour for services for Collier County. In addition, his associate's rates are now $175.00 per hour and $150.00 per hour respectively. The paralegal rates remain the same - $50.00 per hour. Because of Mr. Tripp's familiarity with these three cases and because there is the potential for appeals and post-appeal proceedings in both Vanderbilt Shores Condominium Association, Inc., et al. v. Collier County and Aquaport, it is the recommendation of the Office of the County Attorney that Mr. Tripp's adjusted rates be approved and ratified effective January 1,2003. FISCAL IMPACT: Because of potentials for appeals in both the Vanderbilt Shores Condominium case and the Aquaport case and because the Bert Hams Act claim has not begun to be actively litigated, it is difficult to estimate the total fiscal impact of these changes in Mr. Tripp's hourly rate and the hourly rates of his associates. The costs for fees in the Aquaport case will continue to be paid from the Property and Casualty Fund No. 516-121-650, while any additional fees in the Vanderbilt Shores Condominium case will continue to be paid from Development Services Fund 113. Fees in the Bert Hams Act claim case will continue to be paid from the Property and Casualty Fund No. 516-121-650. ",...... GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. AGENDA '~M ~ NO. \c. (&'Q;; MAR 1 1 2003 Pg. \ 1 RECOMMENDATION: That the Board authorize the adjusted hourly rates of Mr. Tripp and associates in his law firm, ratify the adjusted rates effective as of January 1, 2003, and authorize the Board's chairman to sign any necessary documentation. P7:;1;~ l/ ~ Michael W. Pettit, Assistant County Attorney DATE: J / s-I 07 I I REVIEWED BY: DATE: ..G/.5~ 3 ef Walker, Director, Risk Management DATE: ~js-~.:3 DATE: 'tj/~~~ I -- AGENDA Il,EM1). NO. 'to (A.. O.sr- MAR 1 1 2003 Pg. d-. 2 EXECUTIVE SUMMARY PETITION A VROW2002-AR2332 TO DISCLAIM, RENOUNCE AND V ACA TE THE COUNTY'S AND THE PUBUC'S INTEREST IN A PORTION OF THE ROAD RIGHT OF WAY FOR CORALWOOD DRNE ViHICH WAS DEDICATED TO THE COUNTY AS 3RD AVENUE NORTHWEST BY THE PLAT OF "GOLDEN GATE ESTATES UNIT NO. 95", AS RECORDED IN PLAT BOOK 9, PAGE 45, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 26 EAST. OBJECTIVE: To adopt a Resolution to vacate a portion of the road right of way for Coralwood Drive. CONSIDERATIONS: Petition A VROW2002-AR2332 has been received by Engineering Services from Kenneth P. Saundry, Jr., owner of Tract 7 and from Mohamed M. Faisal, owner of Tract 8, requesting the vacation of a portion of the right of way for Coral wood Drive that lies between their Tracts 7 and 8 and west of Logan Boulevard. The 60 foot wide right of way was dedicated to Collier County as 3RD Avenue Northwest by the plat of "Golden Gate Estates Unit No. 95." This portion of Coralwood Drive is unpaved and begins at Logan Boulevard and goes west approximately 430 feet to the existing drainage canal. Transportation has no plans to pave this portion and has no objection to vacating the right of way as long as access to the drainage canal is provided to the County by the Petitioners. Engineering Services and Stormwater Management have no objection to vacating the right of way as long as a drainage easement is provided to the County by the Petitioners from Logan Boulevard to the existing drainage canal. The petitioners are satisfying both of these stipulations by a Grant of Drainage Easement to Collier County. Florida Power and Light stipulated in their Letter of No Objection that they require an easement for their facilities which are located along the north right of way line of Coralwood Drive. The petitioners have provided FPL with an easement and recorded it in Official Record Book 2806, Page 2087, Public Records of Collier County. Letters of no objection have been received from the following Collier County Departments: Transportation, Stormwater Management, Engineering Services, Public Utilities, Sheriff, Golden Gate Fire Department and also from the following utility providers: FPL, Sprint and Time Warner Cable. Zoning is Estates. This Executive Summary was approved by Greg Garcia in Transportation on August 27,2002 and by Jacquelyn Johnson in Public Utilities on October 22, 2002. ...- FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioners which covers the County's cost of advertising, recording and processing ition. ~ MAR 1 1 2003 p,. I GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated with this Executive Summary. PLANNING SERVICES STAFF RECOMMENDATION: Recommendation that the Board of County Commissioners: I. Adopt the Resolution for Petition A VROW2002-AR2332 for the vacation of a portion of Coralwood Drive; and 2. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records; and 3. Approve and accept the Grant of Drainage Easement and direct the Clerk to the Board to record the Grant of Drainage Easement in the Official Records; and 4. Request the Clerk to the Board to make appropriate marginal notes on the plat of "Golden" Gate Estates Unit No. 95." PREPARED BY: cz......-,/ ~7?": I~~ Rick Grigg, P.S.M. Engineering Services DATE: 2-z:.;;r-~ ~ REVIEWED BY: ~i. P 1U Thomas E. Kuck, P .E. Engineering Services Director DATE: Z-&3-CJJ APPROVED BY: os ph K. Schmit, Administrator munity Development & Environmental Services DATE:4~~3 ~ - MAR 1 1 2003 p,. 2- ...' 1 RESOLUfiON NO. 2003- 2 3 4 5 RESOumON FOR PEITnON A VR0W2002-AR2332 TO DISCLAIM. 6 RENOUNCE AND VACATS THB COUNTY'S AND THB PUBUC'S 7 INTEREST IN A lORnON OF THB ROAD RIGHI' OF WAY FOR 8 CORAL WOOD DRIVB WlDCH WAS DEDICATBD TO THE COUNTY 9 AS 3J.D AVENUE NOR11iWEST BY TIm PLAT OF ""GOLDEN GATS 10 ESTATES UNIT NO. 95", AS RECORDED IN PLAT BOOK 9. PAGE 11 45, PUBUC RECORDS OF COUJEll COUNTY. FLORIDA. 12 LOCATED IN SEcnON 4, TOWNSHlP 49 Soum. RANGE 26 EAST. 13 14 15 WHEREAS. pursuant to Sections 336.09 and 336.10, Florida Statutes, Kenneth P. 16 Sauudry. Jr.. OWDer of Tract 7 and Mohamed M. FaisaI. OWDer of Tract 8. do hereby request the 17 vacation of a portion of the right of way for Coralwood Drive; and 18 19 WHEREAS. the Board bas this day held a public hearing to consider vacating said 20 portion of Road Right of Way for Coralwood Drive as more fully described below, and notice of 21 said public hearing to vacate was given as required by law; and 22 23 WHEREAS. the granting of the vacation will not adversely affect the ownership or right 24 of convenient access of other propertY owners. 2S 26 NOW, 1HEREF0RE. BE rr RESOLVED BY TIm BOARD OF COUNTY 27 COMMISSIONERS OF COUJE1l COUNTY, FLORIDA, that the County', propertY rigbts. 28 including its easement intereSts. over and across the foUowing portion of the Public Road Right 29 of Way for Cora1wood Drive, described below. are hereby vacated. extinguisbed. Roouoced ad 30 discJ_iml'1l. and this action is dec18rcd to be in the Public', interest and for the Public.' bcDefit: 31 32 33 See Exhibit "A" att8('lMld hereto mcl iDcorporatCcl baciD. ~~ 34 35 MAR 1 1 2003 p,.3 ,,' 36 37 38 39 40 BE IT FURllIER RESOLVED BY 1HB BOARD OF COUNlY COMMISSIONERS 41 OF COllIER. COUNIY. FLORIDA, that the 15 foot wide Drainage Easement more particularly 42 described in Exhibit "8" attached hereto and incorporated herein, is heRby accepted IS a 43 relocation drainage casement for the Public Road Right of Way vacated herein. 44 4S BE IT FURlHER RESOLVED, that the Clerk to the Board is hereby directed to record a 46 certified copy of this Resolution, the proof of publication of the DOtice of public hearing and the 47 proof of publication of the notice of adoption oftbis Resolution in the Official Records ofCoUi<< 48 County. Florida. 49 50 This Resolution adopted after motion, second and majority vote favoring same. 51 52 53 54 5S 56 S7 58 S9 60 61 62 63 64 6S 66 67 Approved IS to form aod legal ~~ 72 73 74 DATED: AITEST: DWIGHT E. BROCK. Clerk BOARD OF COUNlY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Chairman Deputy Clerk Patriclc G. White, Esq. Assistant County Attorney ~ITEM ^ No._\ I I IT MAR 1 1 2003 PC.-1- BBLS SURVEYORS" MAPPERS INe. 1502-A RAIL HEAD BLVD. NAPLES, FLQRIDA 34110 TELEPHONE: 941-597-1315 FAX: 941-597-5207 . LEGAL DESCRlPTlotI ROAD EASEMENT VACATION A PORTION TRACf 7 AND TRACf 8 OF GOLQEN GATE ESTATeS, UNIT 95, AS RECORDED IN PLAT BOOK 9 AT PAGE 45 OF THE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: . . ~;-2 ~. i . COMMENCE AT mE NORTIlEASTERL Y CORNER OF SAID TRACI' 7; THENCE N.89041 '02"W., ALONG nm NOR11iERL Y LINE OF .SAID TRACT 7, A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING OF niB PARCEL OF LAND HEREIN DESCRIBED; TIiENCE s.00019'1 O"W., A DISTANCE OF 30.00 FEET; THENCE N.89041'02"W., A DISTANCE OF 430.12 FEET; TIiENCEN.00032'43"W., A DISTANCE OF 60.01 FEET; THENCE S.89041'02"E:,A DISTANCE OF 431.02 FEET; TIlENCE S,00019'10"W., A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.59 ACRES, MORE OR LESS. BEARINGS REFER TO GOLDEN GATE ESTATES, uNIT NO. 95, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 9 AT PAGE 45 OF niB PUBLIC RECORDS OF COLLIER CoUNTY, FLORIDA. THI~~OPERTY IS SUBJECI' TO EASEMENTS, RESERVATIONS OR RESTRlCI'lONS OF~ 0 . STEPH E. BERRY ST X OF FLORIDA, (p .8oM. #5296) BBLS SURVEYORS & . PERS INC., (L.B. #6753) GGU9SEV.SAM PROOfED BY SEB 04l3OlOO ~ MAR , 1 2003 pc. 6 (~Pl' ATTAf'HFn ~l{l'T~ r..nTlQCiJ:V\ G' a:: ~ lII'f.. ~ =; ~r' ~ TR.4CT T ... I~! I ... GIOI..OfIf G"t' aTAlD "'" - " IlIA, _ .. MfZ Q 101 :1 ~ Ii ~ ~ - ~~~ I - & & iii wi ~ 3f .. i : i I I I i .., f-____________..J ~ P.o.c. - ) Q NORTH9STCRl y CORNER OF" T1IACT 1 '\./.Q CCUJCN c..71 ESTATCS IJNIt NO." '\. Pl.Ar BOOK I, PACe 4$ _ "\ . -. P.O.B. ~ ------------- &.4 LZ ".a.c. ".0.& ~L ou. ".L ,.. 1I (I) c.uL 0Jt. DL IlQ. 'U. TW'. CIJU'. LEGEND ~af~ ~1 af a:~ U1IU1'I' [A5[YOf1' LNlE UAlN1OWlC% [.UDIOIT 'LA T 800Ic 'ACE UN[ LMa. CUI\j( LICL CClUNlY U1U1Y [.UDIOIT 0fJ1CIAL II[COlIDS lOOK ....-.cE [ASOI[JI1 ..... ~ "'1E - MJIIICJlO ~ UIC 8 lil- TR.4CT 6 CCUJDI G"t' aTAlD "'" - ., I'CA1 _ .. tw;C Q ;. 8 . iii II ___________L- L.l LEGAL DESCRIPTJON CKE ATUCIG .." \..._~ tIfJU1DI IGlIII' ISFIfID ,.. Ml '. IU1 ..,. .. I'M% ~ NOTES: L) KUIIIQ8 Il1O" ...... ana 'ftI GGUID GA1Ii _&!II. - · :r:r..,.lt.m ~~~~.,..,... &oJ ,.. .....,., . 8UaIEI 'ftI .. --... -......... .. ~.......... or ~ ~) on ;0.... Il1O... I11III* AlE .. tar aIID DII:IIU&S ftIIIIIIIr. THIS IS NOT A SURVEY ~I i.. · s~ ;- I to I I I I I L____ .. Co .g *-. . . ~ II . ~ iff .. Y . II ~~ W lie z ~.A. SIII!Bl" ~ OF 2 AVR0911Oa-AR2332 LOGAN BOULEVARD (MnIDIQ _ f:UDCM' '00' ..... . ~ CIlUOI GoUt' aTAlD _ _.., 1 111M ..,. .. MfZ Q --- -----~----- 8 iii -----------:---- IttDCEIOOO SVBOMSION PL4r BOOK 24, PN;C "-1' LINE TABLE L/Iw ..... U 1Ur4' 'OZ.... U 5.00"..'0.... l.J N.OO'R'..rw. &.4 5.00' ".,0.... ~ !(J.OO' BBLS. I _~...~ITEM .JCM<< jl J :A- MAR 1 1 2003 Pc, CIJ i SKETCH TO ACCOMPANY LEGAL DESCRIPT10N 1 A I'Uft noN OF1RACT7 . .. GDUJEH GAlW ESTA 1'ES UIIIf' NO. . ~!r"~"'U A T'rUAIaI<:UlP A.4..SDJ.I11L_BAfJ5:iJ= 26 EAST, GRANTOFD~AGEEASE~ EXHIBrr "'B'" SHEEfl0P4 A VJtOW20Q2-AlU332 \\. THIS EASEMENT granted this ";'( day of NO" ,2002 between Mohamed M. Faisal and Shameen Tamton Faisal, husband and wife, as GRANTORS to Boud of County Commissioners of Collier County, Florida. its successors and assigns as GRANTEE. Witnesseth: That the GRANTORS for and in consideration of the sum ofSlO.OO and other good and valuable consideration paid by the GRANTEE the receipt of which is hereby acknowledged, hereby convey, grant, bargain and sell unto the GRANTEE, its successors and assigns, a perpetual. non-exclusive easement. license and privilege to enter upon for access to existing drainage easements and to maintain. constrUCt and install underground water management and ,drainage facilities, strUCtures and improvements in, on and over the following deScribed lands located in Collier County, Florida, to wit: See Exhibit" A" attached hereto and incorporated herem. TO HAVE AND TO HOLD the Easement hereby granted unto said GRANTEE. its successors and assigns. GRANTEE. by acceptance of this eBSement agrees for itself, its successors aDd assigns, to in nO way interfere with the right of ingress and egress of GRANTORS, its grantees. successors and assigns, or any other partY requiring; access to the propertY of which the Easement is granted to any properties abutting the propertY encumbered by this Easement- GRANTORS hereby reserve the right to use the propertY for all purposes which do not interfere with GRANTEE's use of the Easement for its intended purpose. A~ ITEM No. \' I MAR 1 1 2003 P',~ EXHIBIT "B. SHEET 2 Of .4 A VROW2002-AlU332 IN WITNESS WHEREOF, the GRANTORs have caused these presents to be executed the date and year first above written. ( M6hamed ;. If'. I \ill-. ~~~~D . Faisal - 11rft1~~ ~~ Witners #2 cy IJ~ ,HJ STATE OF FLORID~ COUNTY OF La:::, ~~ . _.----/<.. -'- - .. .' .-::::=-- ~__ r --=...--- . Shamee~amton Faisal The foregoing instrument was acknowledged before me this I~ day of f\Jfrf · , 2002, by Mohamed M. F~ l'!" Shameen T am!"n F.aisal~ who are personally mown to m~ or who have produced & as Identlficatlon. ~"iJ.tl}...~ KatfIyn Yohn Ket( i-: :-1 MY COMMISSION I CC869998 EXPIRES ~'" " December 74 2003 ., ICHlED 1ItIU1IOrfMf NUlNtCl.IC N TARY P. Name: Serial #: (1 Q 9 h cr q,8" My Commission Expires: I '11 z.-w~ Prepared by: C. Perry Peeples, Esq. Garlick, Stetler &. Peeples, LLP SSSl Ridgewood Drive, Suite 101 Naples. FL 34108 AGENDA ITEM No.~ MAR 1 1 2003 p,.5 N:\CIienlS\Saundrr-Kenncdl P._Jr\Coralwood Vac:a1ion_OOI\GrIn1 ofDrainagc Easement.doc _"L - BBLS SURVEYORS & MAPPERS INC. 1 S02-A RAILfIEAD BLVD. NAPLES, FLORIDA 34110 ~F.lO~:941-S97-131S FAJ(:941-S97-S207 LEGAL DESCRIPTION DRAINAGE EAsEMENT A PORTION OF TRAcr 8, GOLDEN GATE ESTATES. UNIT NO. 95, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 9 AT PAGE 45 OF THE PVBUC RECORDS OF COU,TF.R coUNTY. FLORIDA. BEING MORE P ARTlCULARL Y DESCRIBED AS FOU.OWS: BXHIBrr ''''Ir" SHBBT3OP4 A VROW2001-AlU331 coMMENCE AT A soUllffiASTERL Y coRNER. OF SAID TRAcr 8; nmNCE N.89D41'02"W., A DISTANCE OF 50.00 FEET; nmNCE N.00DI9'26"E.. A DISTANCE OF 7.85 FEET TO THE POINT OF BEGINNING OF THE PARCEl. OF LAND HEREIN DESCIUBED; 'lHENCE N.89D41'02"W.. A DISTANCE OF 430.69 FEET: 'lHENCE N.OO"32'43 "W.. A DISTANCE OF 15.00 FBJ>f; nmNCE S.89D41'02"E~ A DISTANCE OF 430.92 FEET; 'lHENCE s.00Dl9'26"W.. A DISTANCE OF 15.00 FEIIT TO nm-POINT OF BEGINNING. pARCEL CONTAINS 0.15 ACRES, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO GOLDEN GATE ESTATES. UNIT NO. 95, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 9 AT PAGE 45 OF THE PUBUC RECORDS OF COV IER. coUNTY. FLORIDA. TIllS PROPERTY IS SUBJEcr TO EASEMENTS. RESTRIcnONS AND RESERVATIONS OF RECORD. _~ ~-- ~ 03/14102 STEPHEN E_ BERRY, STATE OF FLORIDA, (L.S. #5296) BBLS SURVEYORS & MAPPERS INC., (L.B. #6753) 9991 SAUNDllYCDE.LWP PROOfED BY ~~ AGEM>A Ittt.tf\ No. \ f1 \-;- MAR 1 1 2003 p,. q (SEE ATTACHED SKET~-9991CDELS) -T-----------l P.D.C. . SOUTHQ.STrRL Y CORNOl or T1fACr 6 GOLDCN CAlF CSTATn IJNfT NO. .5 I'fAT BOOK .. !W:C 45 .t I SIIlT".,/rW (I'J (t#J 1 ~aa ~ L - - - - - - - - - - - -rlL7 I I I ~GmD II I _T~~ I I I I'OHT ~ K~ I I I NlMlA PO'lIQl .. UGHT I, , ~l..-.L I, , CImQAL RCl:GI'OS IIOOIC I, I :::: ClltA*A<< tASD/OIT I I I _, I' , WUSUIIED I' I I I 1 I 1 I I 1 , I I 1 I 1 1 IT I: I CUIjI I ~ I I I I I I 1 , I I I laI I:J I 1 _, ,..., , 1 1 1 , I 1 , I I1lIIr I I ,.".L. DSDIDIr....., L I c;:::; I I 1 I I 1 I 1 1 I 1 1 I 1 I' I I' I I I I I I 1 ______----L- ".O.c. ".o.L r.1'J.. I'C. u lIJl. 110. CJlL (P) (II) TRACT 8 CCUJDI ~Jr aTAIES IJNIr NO. U I'lAr I1f)(JI( .. I'IICC ., .. EXHIBIT -r SHEET .. OF .. A VR0W2002-AR.2332 I I I I L___ .* . !~ .. in z ---------- t.OGAN BOULEVARD (JI1IIIDIDtf1 _ PSDID6 'l1li" .... .. CICU1Dt GUI' OZIUES ,.,. Ml .. ___i_:::'~~"----- TTW::T 7 <<JUJDI G4JW' D'ZIUD IM6 _ 15 MAT .xJK .. "",. ~ 5 I . To - - l!i 1 I I I -------------- LEGAL DESCRIP110N (SD ATTAalID JIUI) >>J1tI" D/fNNII/lIC PSDID6 <<1U/E1I GUr' azuD uwr Ml .. 1UT .xJIt .. ,.. ... NOTES: L) IUIlDlOIIIIDft _ IIDD TO ClOUlIIr GAB arAftlL WI!'. ~Rr& ~ =~or'~~~~. AI PMIS L) nus PIIDPIIftT IS 8UIIIIICT TO UIDIIiIIft. 1IIIIIY.umII - .......I...,...1a or aa:DIIIL ~) ma..-....a lIIImf IIIIIIDII AD JK rift .uat Da:II(.IU ftIDIIlr. AOISIIl: 3 Z7 az IIDIfNEI1 ..... "' << - THIS IS NOT A SURVEY AIDISIII <<NIINf11MS1S 4~ UNC L6 LI t7 LI LI UD ~ u . c ~ ~:o I'J J b . SKETCH TO ACCOMPANY LEGAL DESCRlffl . III ~ c .. i .. .. ~. ~ ~ A PORTJONOFTRACTB, GOLDENGATJ!ESTATBlUID'M SECTION 4, TOWNSHIP 49 SOUTH, RANGE. S ,,~, , ,eo" ,.""arrv r:r nD,nIJ I ~ . l ~ SUBDMSION PlAT BODIt 24. /WZ "-,, f i I j UNE TABLE BENfMII ....,.... MXr7,3T SlIlM""" SIIroI' N()(J"3Z'. ...., UNtmI SClO" 7'- ,s.t1O' ....,. ~~TEM A- HflO-U' MAR 1 1 2003 pc...J.P - ~--.._. AttachmeDt "A" PETITION FORM FOR VACATION OFROAD RIGHT-OF-WAY (, O~ z) Date Received: ru' ~" ~ I I ' I"Y"J , Petition #: 1=1" ~o\Ll.z~~- R ~ Z ~ '2,2 Petitioner: Kennetb P. Saundrv. Jr. Address: 7127 Mill Pond ~Ie CityJState: Naples.. Florida Telephone: .Zip Code: 34109 Agent: PMS Inc. of Naples Address: 2335 N. Tamiami Tn!i1. Suite 408 CityJState:=NaDles. Florida Telephone: 435-9080 Zip Code: 34103 Road Name: Coral Wood Road - West Side Location: SeclIon_ 4 Townsbi. 498 Rllnce 26E Plat Book 9 Legal Description: Attached Current Zoning: Estates Reason ror Request: to vacate 60' road easement "bleb is dedl.ated to Comer Coun rivate road easement to be utilized b tbe abuttin owners. Page(s) 45 - and make it a Does this affect density? no No '3 t '-rJJCO , Kennetb P. Saundrv. Jr. Print Name ('nde) Please _ "Polley anc1 Procedure on tbe CJosIn& and vaealion or Road RIgl>t....r. Way" for tbe list or supportive materials "bleb must aecompany this petition, and deliver or maD tn: Community Development & Environmental Services Division Planning Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 (1) If applicant is a land trust, indicate the name of beneficiaries. (2) If applkant is a -.oradon other tban a pubII< ....-poration, indicate the name or omc:en aDd uuQor stockholders. (3) If app\IeaDt is a partnership, limited partuenblp or other boslnesS eadty,lDdk:ate the name or principals. (4) Ust aU other owners. AGENDA ITEM ^ No.X] ~ MAR 1 1 2003 pc. II Attachment" A" page 5 of 4 --.:' --~ AttlK'hrnent "A" PETITION FORM FOR VACATION OFROAD RIGHT-OF-WAY (Z oi= Z) Date Received: M ClV ZI J '?L":Jt")/ Petition #: 1=1" l!okl ZaoZ- R J2: Z ~ Petitioner: Mohamed M. FaisaI Address: 4400 Wilder Road CitylState: Naples. FJoricJa Telephone: Zip Code: 34105 Agent: PMS Ine. of NavIes Address: 2335 N. Tamiami TraD. Suite 408 CitylState: Naples. Florida Telephone: 435-9080 Zip Code: 34103 Road Name: Coral Wood Road - West Side Location: Section 4 Township 498 ~ 26E Plat Book 9 Legal Description: Attached Current Zoning: &tates Reason for Request: to vacate 60' road easement which is dedicated to Collier County and make it a Page(s) 45 private road easement to be utilized bv the abuUln!! propertY owners. Does this affect deDSity? no ent me for this petition: Yes No atS\\o," " Date ('I1t1e) Please see "Policy and Procedure on the Closing and Vacation of Road Right-of-Way" for the list of supportive materials which must accompany this petition, and deliver or mall to: Community Development & Environmental Services Division p'.nning Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 (1) If applicant is a land trust, indicate the nm:ne ofbeneftdaiies. (2) If appUcant is a corporation other than a public: corporation, indicate the name of off'ac:ers and nuQor stockholders. (3) If applicant is a partnership, limited partnership or other business entity, indicate the name of principals. (4) List all other owners. AGENDA IttM IA No.-Il rT MAR 1 1 2003 pc. JZ Attachment "A" Page 4 of 4 ,~.~;.....,=.,.-"...- ~..-"- Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number 324334 Date 41212002 12:25:38 PM Post Date 4I2l2OO2 Nbr Appl Name: PMS 'NC OF NAPLES Appl Stage/Status: REVlEW STAGE NO.1/PENDING Address: 2335 N. TAMIAMI TRAIL SUITE 408 NAPLES FL 34103 Proj Name: CORAL WOOD ROAD Type: TAZ: Subdlv Nbr: 793 Project Nbr: 2002040004 Payor: FAlSEL SAUNORY Fee Information I Fee Code I Descriotion I GL Account Amount Waived 1 !12TRVC I REV ACCT/VAC EASEMENT-ROW 110116361032910000000 $1000.00 I Total $1000.00 Payments Payment Code Account/Check Number Amount CHECK 6984 $500.00 CHECK 1113 $500.00 $0.001 $1000.00 $1000.00 I Total Cash Total Non-Cash Total Paid Memo: Cashlerl1ocatlon: GARRETT_S I 1 User: SMITH_G Collier County Board of County Commissioners CD-Plus for Windows 95/NT d .d ~ c;:: a ~l. i1!.!! '. This Warrant)! Deed ttt 256 645 OR: 2621 PG: 0751 UCODD omew IICIIII of CDWD .n, 12/1"111 at II :UR DIlCIII. ga, GIll A.D. 19 " _ lIHf IICm .-.1' III M8dc 1bia em day of DBCDIBD '" PJtJa) B. KILLS, a .iDgle aaD llta: mn CIItmlCD Ilc:reiufter CII1cd die JI'IIIIOr. to .aUft ""'""'lL-N .'Iel. . KKRHBTJI P. MURDay JIt. --- "...... .an J SAmmRY. HUSIWID AID VIR ..... poll offlce 8ddraI is: '00 IIUI'f".&:_ CRBU DanB w. DLBOtJItD, n.oRZDA 32'0" OraD~ee.' sa. bcmDIfta' caI1cd the ar-rec: ('WIIanw .... IIaeiIa .. .. .......... ........ IiIcIulk III.. ..... .,.. ... . ..... ..... IcpI __ I '* ........ 01......... ... .. ~ IIId ..... vi-.........) WitDessetIa, dill die JI'IIIIOr. Cor" ill ~... of tbe .... of S 10.00 IDlI ocber valuable ~.ooa.. receipt wbcnof is bereby 8CbaowIedpd. bc:n:by JrIDCI. ...... teI1I. aIieuI. rrhrrn. c:oavcya IDlI CODftrms UIIIO die sr-. 111.... cataia bad IhuMe ill COLL%D Coaaly. PIorida. nc Trac~ 7, GOLDa GAD BSTA'1'B8, UDi~ '5, accordiDg to the pla~ recorde4 in Pla~ Book " Page "5, of ~ Public Recorcb of Colli.r County, J"loricla. 8UBJBCT TO COVeDaDt., r..trictioD8, .....-nt. of record aDd ~ the cw:reD~ year. Parcel Identifica~iOD ~r. "1820280001 Toptherwbh alllbe tcDeme"C'. bcncIitGeDII IDd IIppUIteDIDllea dIerdo beloaaiDI or in..ywiie IppCI To 8aYe and to Bold, die IIIIDe ill fee aiqlIe forew:r. A.DcIIbe II-*- lIereby COftIIMIII wltb said pntee 1bIl the IfIIII<< illawfally Idzed of aid 1IDd ill fee .... die armtor .. JOOd ripa IDd 1awfuI1UIbority to IdIIIDCI CODVeJ Did bad; .... tile JnDkJI" bcrebJ faDJ' die tide to Aid 1IDd IDd wiD detad die ume apiDIt tbe lawful c:bimI of aD perIOIII wboIIIIoe'va'; IDd .... Did free of aU ~AdCCI caccpt tua 8lXIUiD& IUbIcqueDl to Dol..".. 31. 19 " ID WIbaesI WIaenor, die aid JnII*1r bu alped .. ICIIed thae pIemIII Ibe day IDd ~ fin wI8a. SigMd. sealed and ~ in (JIlT praaa: 'L v;.{;'<. ,,,/ "}rJ~ THSS SIGM ?~1?~~ f r-r 3. K'"("~7.A1.".... E: ..>~...n-." ...,.', ;....." "1'77. Y .-.~ .....-;QY~b- A, /J1Alllu.C'"A V1DESSS nDTID lWlB \L (LJIL/f/? 4,k' - .,~ stGRAtuII a"tl fJ.&A,j f - VlDlESS pRIlft'ED RAMI sa.. of J1!DDD CoaalJ of V Co . .s......... c, oJ ..) <.. ne forqoia& ialbu.- .. dDowledpd befon: me Ibis " - .-:.~ AGEN)A rn-- ~. "(.J-;~t~~il,tP ---. i Y!~'~_t;~ .. I. .. .' ." _ .", ~:,:..:- ~._':>_/';/ f~'~'-'-:;:'O:~<~ ":..;.. {'c.." G.. clay or llOCo. IV Ii _ __ ......... o,g;llG'OI"S' 1lDI'D, su:tB " ~, ~ '.105 let": nlPn LA' fIO 371S . AllPORT ID '1 lAms rL 34105 PualID"'--= 41820320000 0..-. .1 TIN: 0..-. n TIN: Warranty Deed Sf) Tlailladeuture, Made this -.3/ day of RMD1 I' 0 MODE July , 2000 A.D., Betweea 01.. c.-y 01 Collier ' hII 01 Florida , gnator, .- K>BAMED M. FAISAL and SHAHEEN '1'ANTON FAISAL, huaband and. wife __..... ~ 4400 Wilder Road," Naple., FL 34105 , gr1lateell. 01" 0aIlIIY 01 Collier ... 01 Florida , Witllesseda ..... oRANTOR. lor'" ill ~ aI''' - 01 ________________________TEN DOLLARS ($10)----------------------- I~. ... .. plOd ... ..... ~...... to 0JWn'0R ill ..... paid by ollANTEES. ... IlIOlIipt ........ iJ IIInby ICIaIowIoIdpd. ... ......... Wpined ... IllId to .. .w oR>>ll'EES ... 0IlANTEES' ...... ____ - ...... ror-. ... ~ tbcriIllId ..... ....... .".. ... ... ia .. CaaIII)' 0( Coll i er SIItI of 1'1 ori da 10 wit 'l'RACT 8, GOLDEN GA'l'E ES'1'A'l'ES, UNI'1' NO. 95, ACCORDING TO '1'HE MAP OR PLA'1' '1'HEREOF AS RECORDED IN PLA'1' BOOK 9, PAGE 45, PUBLIC RECORD8 OF COLLIER COUNTY, FLORIDA. . SUbject to re.triction., r.servations and ea.ements common to the subdivision, and tax.s subsequent to 1999. This property is unimproved, and is not the homestead of the vrantor, nor contiVUou. thereto. Hi:. fljRN TO MURPHY LAW FIRM ";UITEA 3785 A:RP")RT ROAD N NA?LI.": . =1 "i,4 ~ Ofl ... .. .... .. ~ .., __ .. ... .. .w ... ... ... defeD4 .. _ ...... 1lIwfta1 .... 0I.u .-- ~. Ia Witaea WMreor,.. ....... .. -- .. .. IlIDd ... ... .. day ... '11..... wrinI& Slpcd,C(:::Io_- I ,t~ f}/UJ,":; r;-' -g;:: RN<<* F.VMODE . II u_ -f . · - ..0._ .IOV_- ......".-...- Printed N...: _VC~ L ~,,_. witnea. (Seal) STATE 01' Florida COUNTY OF Collier 'JIll......... ~ _ ..+........ .... -... .d I . ., 01 July \ RN<<*F.MODE ~ .....-_..__...._.. Jt 'p~,'J,^$~.JJ. ~3n_- _IlllIP''" 'lIT " ..I) I~ _~~_~ 1 _ . . . -,RIUlW \ \ PL-A-T .0F ., . . ~ &ot..:OE'kJ 614TE. E.~rAr~~ . ., U:~, r ,..jo~ .<1.5 f: 4-S' "\ ) p.B.9 . . .GOLDEf .; .:'. j.'.. 'SU;B':DIVIS'IO;~('O cc . . :"'.. . :".\ ,:;., .f...... . ".' ..~. .:'1)El)ItATt~"'~': ~":...'.'-".;. '.', :..... .:'.':., :' ':,.' ,'" ':.':'. ". KnOw. all ..en. b.y' th.... '~~8..nt.r' tit. 'suir' ii.rle." 'L"ricrCcirpai~ .'. ...~:.<. .... " :.- .Uon,. . corDoT"t1D'n..quaIV1.d,~ .Q;: bU1ttl......l,n.~e.....bO'...:. ::....''-;c.. :':.:,.' nnrlc1..... propi:i.tar.~.hD"..r:au"d'. ~he.'land'" _1".11 1nt....: :;;.<..... >:;' ~ .... ."n."edPht ',to ~;, -.ur"ey.d., l.1d :oUt.,..r'td:~1.t~.d,:. &cf,.tM;'Ic'~:'~.. ~~~.):.: .:<' : ':.. GOlDEN GftTE. ESTATES,i,.IJNJT.N~."5;1Ind:~tt;.t....th.".ro.Clwilye.... .~. >',.;. '.;. ." ':' .'s~,. iaNi..h.II.r"by..dedl'cet.d to' .t....p.t-Pa.tu.l"...:..:o,-:.ttte.Pub1l.c.:::::.:;:::.:.' ..,-. -.: ., and .the tight' to u........nt.... ....~; : ill'. re.erv.d. ror. th......,. .' : "';. 'purpo... lnd\cd"d t.o- the Public. .,..' '. ....:. ......; ......: '.......,-..: .:::. . :'0 ,.. IN wn"SS~ELF.' ~lf :,.~lC~:..l~d~.:..CbrPo~~tt~:h..:~t~..~~. '. : .:"..: ::: "'~; '.:'~ 'thh cJwdlc.Uori to.ii"-1i1qnad lri:lte ,n.-. byUa' Vice .P'r.'l*"l.." . ,,". .end.cthe CorpOrete Se.l.to b....rrlQd..litt..t.d by. It.- secre~, ......:.. ._1 · arv.thi.. 2nd :d1Iy. or '. Bap&atiDer . "". :.... .:'. ,. 1966. .", . .. '. .. r GULF' Af.4EfU~',~': . . .' - ~.~~,.. .... .Sr. ~:y Pr..t deftt . '. . .:'1, ".. .. , ~ .: ,. ....:. 4 .'.~ .,. :- :.:~ . .' O' ...~... '.. .." '. ~~ . .:AOiNOliLEbGt....r . 6 . ~... . . ,. . ~ .- . IrAU ;W....~IW.:. :;. .~., CIIa1t'r;.'~', '::; . .-. .... . . <.' '" " 1 tCMEtY tdlirv:' ''''lIt 'on ihlinte'. ,;.r.on.l1~' _,en IIf'loardUly.authod:ed to .edlt1,,'.tar' C . '. ac:tchewl..,...n._,.. '. J.' .R. L.y.a" _d'.J. .S._ MIl r....cU".ly knawt ... the ,vl'ce Pre.iden'. Bftd . ""rla.. lend Corporetlon, a .CD~ratlon .qual~ na.. 1n tha Stete af'rlorlda,ta ..known ta I a.,:rlbed 1ft, .end wha ..ecuted. the 'c.rego1nc} they ecknawl.dQe tha .x.cution .therilo' to b. . . ...d' .. audl o"lce....'ar the ".... IIftd purpa' .tione" and thay ."he.d thereto the orrlclal ! ~rit1an end th.tsa'\d: dedlcatian Is toha '1'.. .eld -Car1Hu..Uon. . . . . . WITNESS Inj' ~~j~"lChl Seal it to.CIT V Or. " and State, . _.~.: ~it". dity 0' . hpt.-bar . '.r'. . :.<~:;:. .:'..;=... .., :' ...... .~ , . .... .....ft!;_== ~:~..: ' .~ . '-''') ~XLtt- MAR 1 1 2003 P,..JJo --- ---- -- .. .. .. 1.11 ~C. ~ -45 C') 1"- ,.. .. 1.13 AC. , G' 'eo.. . C') ,.. " .. ., .~ ~ 5e ~e2 '-.11 s. ISA C 23 " If " " , " " " " 24 ~ - ~42 ;47 H 25 ::: - - - = ~ 5} :: ~ 4 · 7 3 ., " " " " , eo & ee '#ee , ; " " " " : 41 48 I. . r N .N, ~o . .n~. C'" CD . . It) CD N . o ::: .. .! ....1,.. : ~40' =49 It 56 2e = __1&..-- " 30' = :: 3e = 50 ,. 31 = :: 65 .. 72 - 81 88 De' " E .3RD. AVE.. N.W. . " II. .." -- '!p'!'p~IfT'~D_ =Ii!! -,104 . e & .. r1.; :: 82 " -- 87 .-103 " .. II. " .. .. .. " , " -'- ~ - . " ~ " ' 11: .- ..- .- C"I . :53 0.:37 "'52 ....... ~ c:a (litO CJ' 7.17 . 7.1' 7.2 S' AC, A,C;. A C;. " ... AC. 1'.' - .;.,.....NARF1>:20032'..'~..._,\.i. .. "f;!~',,~, ~1~~ti;;~t~4f:~{~!;:'~~ 0~mffi;:! s. ~:.~~f~.:~~:.~j~,&i~;rM 2,622.04' 314.22' 337.10' L._ _ - - - Parcel yage 1 01 1 Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System OWNER INFORMATION I PROPERTY IN FORMA TION Name:lISAUNDRY JR, KENNETH P IPan:eI:U41820280001 II Acnl:UUO Address:IICHERlL YNN J SAUNDRY ~13S5900 Address:1I275 BURNT PINE DR ~IGOLDEN GATE EST UNIT 95 TR 7 Address:lI I Legal:1I Address:lI I Legal:1l Address:IlNAPLES. FL 34119-9752 I Lega':1I VALUE/EXEMPTIONS TAX INFORMATION PAY TERMS PAYMENT INFO Taxble Value: II 165600 County:U647.81 Nov:II2,114.35 Paid Dt :1112113102 Millage Code:II046 School St1l720.19 Dee: 112,136.38 Recpt:1l89041 I Homestd Ex:llo School Ioc: I 1424.27 Jan:1I2,158.40 Mach: 1109 Agricltr Ex:llo City Tax:llo.oo Feb:1I2,180.43 paymtIl2.136.38 Widow Ex:llo I Dependt: 11133.62 Mar:1I2,202.45 Mort:1I0 Blind Ex:llo Water:1I87.19 Apr:llo,oo STATUS INFO. Disabled:1I0 Independ:1I164.93 May:1I0.00 Non Ad va:IIN Veteran Ex:llo Voter Appr:II.u4 Installment:IIN \Nholly Ex:llo Gross Tax: 112,202.45 Civilian Ex:llo Appr fee: 110,00 Deferred:IIN Advertising: 110.00 Bankrupt: II N TDA:llo Last Updated: 1/16/2003 5:00pm -~r'..;:, ," ~J='a t T ---- -~--- - -- AGENDA ITEM No.~ MAR 1 1 2003 ".J'd http://www.colliertax.comIRecordDetail.asp?FolioID=41820280001 Page 1 of 1 Parcel ( OWNER INFORMATION j [ PROPERTY IN FORMA TION i \ Name]~AISAL' MOHAMED M & SHAMEEM T ~arceil~1820320000 J[ AcrejP.83 [ Address] 4400 WILDER RD ] [ L09~55tOO j l Addressilf ] ~~OLDEN GATE EST UNIT IS TR 8 r Address~ ~t ] I Address~r ~\ J [ Addres~INAPLESI FL 34105-2529 IT!iill ] (V ALUE/EXEMPTIONS~ C TAX INFORMAT10N~ [ PAY TERMS j l PAYMENT INFO i { Tobie valu~B66980 ] ( Countd[653.20 ] [ NoV:]!;131.97 r Paid D(]51106I02 [ Millage CodeJ@46 ] [ School StJ~26,20 ] [ Oec~~,154.18 ] R~~74 j t Homestd exJ@ 1 [ Schoo1IoCl[427.80 ] [ JanJ~,178,38 j [ Mach]@9 [ Agri<:ltr ~@ J [ City TaxJLD.oo J [ Febl[2,198.59 [ paymt~~,131.97 ] r WIdow ex][[ ] r OependtJ~34.74 ] [ Mar.]~,220.80 j [ Mort:]~ i Blind ~~ J [ Water:]@7.91 J [ Apr.)~.oo I STATUS INFO. 1 r Disabled3~ ] r Independ~1!86.47 1 [ MayJ~.OO ] [ Veteran E~@ 1 l Voter ~(4,48 1 [ Non Ad vaJ(N E lNholly ExJ~ ] [ Gross TaxJ[2,220.80 ] r Installmenl]i!I J [ Civilian exJ[[ J [ Appr _J[o.oo J [ OeferredJLN ] t AdvertiSing]@.OO ] ( BankrUptl[!t 1 [ TO~@ Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System Last Updated: 1/16/2003 5:00pm ,....------, -;. . ~ ..~ .' 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Ol.ll.llll<CZ. 1.I11111111:S"'0 '" ." ... ....,."'fftO'" 11\0'",...0. 00 IDlI\CP'OG' ...... .,.~N ~.-oCP'Nf'"' ...N"'" '" ... aMW c...w.... >wIllOID OIll:"II.lt-<C ZLCll:tlttltM .cclIl'Z<C "J"'1I:~:'" ... o .0 II' ... o ...J Z o - III ... > ... a CD ::t III o o o :a w ... Q W :a :-, 0- ....cP' CDi'll ...v\ .,. ... ... ~ 1"1 >- "J. u.S >- C Cll:Cll:S "wO uza ~5i 8 ..8 i ..t-Q~ wil~ "J'p1Io2 ......-Hoe- ...c.tlI'\~ '" ON o O. CI N ... . .0 ~ II' ... ~~I~ No.~ ... CD . , ... o ." ...,... ... .0 o N 001'11.0. ~~~i.,. N"'~ ...~... .... .-.N '7-- MAR 1 1 200 p,;2 2> i.. COLLIER COUNTY GOVERNMENT TRANSPORTATION SERVICES DIVISION TRANSPORTATION OPERATIONS DEPARTMENT April 3, 2002 Jennifer Castillo, Project Coordinator PMS, Inc. of Naples 2335 Tamiami trail north, Suite 408 Naples, FL 34103 Re: Vacation of Roadway Right-of-way Tracts 7 and 8, Golden Gate Estates Unit 95 Section 4, T49S, R26E Dear Ms. Castillo: 2705 S. HORSESHOE DRIVE NAPLES, FL 34104 (941) 774-8494 FAX (941) 659-5787 transportation@colliergov.net Thank you for your letter dated April 2, 2002. In your letter you requested that we provide a Letter of No Objection for the subject vacation request. Further, you referred to an earlier letter from this office regarding the same Vacation requested about two years ago. In that letter we offered no objection subject to access to an existing drainage easement. This office still offers no objection to the requested Vacation subject to Collier County's. continuing right to access the existing 30' drainage easement running north-south along the subject property's western boundary as shown on the sketch accompanying your letter. If there are any questions, or if you desire additional information, please contact me at 77~8494. Edward J. T~rtati . ons Director .~.~~"';~;';;~5-~"';-'''''~''~_'_~- '.-~"~:: ..'."'." "~...n:_t..~.'IK!NL.Yllit~ii1.i""d--"'"""'n~~"': .,".~"..; :'1';" '<!:t:C:!:'~,:,~i~~'<..'fip. ".... ". ...~. .~eYIew:~ . ."':s: ." ." "'FiI~:Y'':''GOld~~aate'EStat~.(V acations) ~~rrEMA- MAR 1 1 2003 Pl. Q Lj -, COLUER COUNTY GOVERNMENT HORSESHOE SQUARE, SUITE 212 2685 SOUTH HORSESHOE DRIVE NAPLES, FL 34104 (941) '732-2501 FAX: (941) 659-5'790 ~OR1IIlW ATElt MAN AI1EMENT DF-1>ARTMEN'\'. April 16. 2002 Ms. Jennifer Castillo pMS. IDe of Naples 2335 N. Tamiami Trail, Suite 408 Naples. Florida 34103 Subject: Coral Wood Drive Vacation Letter of No Objection Dear Ms. Castillo: The Collier County Stormwater Management nepaIttDOnt baS reviewed your Rquest to vacate the portion of Cora1 Wood Drive. west of Logan Boulevatd. After conduCting a site visit. and looking at the information you submitted. the Stormwater Management OepartlllOnt baS no objection on the vacation of the portion of Cond Wood Drive. west of Logan Boulevard as depicted in the sketch and legal cJescriplion submitted. provided the foJlowing conditions are met: If you have any questions regatding this -, do not hesitate to contact me. I. A fifteen foot (IS') draiJla80 easement within the north sick of the portion of Cora1 Wood Drive to be viu;ated. shall be dedicated to CoJlier County. 2. A copy of the recorded fifteen foot (1S') dtainage easement shall be submitted to the Stormwater ~ neporunent not later than thiItY days after the proposed vacation is approved. Sincerely yours ~~ John H. Boldt, P.E.. P.S.M.. I)irectOl' StorUlwater Management Department JHB/.jcam ~1L1:r cc: JulyC. ~~, P.E.. EDP-,scaior. swnawa....~ Jerry KurtZ. Engineer. stonnwata' Manasement ~ 1lIdOil\Ieriif.4'bB.l*4~.-Ea~ng s.mccs ~ 4-7.% Rc8ding file MAR 1 1 2003 d5 pt. _ -I! _ r......n., PMS, Inc. of W"ples ~"...".,.....". I,". i, I~ I, . lr" h ";.... u u.. 'I.~.~': '0 ~. . Project Metnetgetttent Services J U L i .' 2GUJ . l----------- ---I , July 11, 2000 MR. JOkN HouldswoRdt ColliER CoUNTY ENGiNEERiNG REViEW SERViCES 2800 N H~OE DRiVE NAplEs, AoRidA '41 04 RE: VACATiON of ROAd RiGkT...of..WAY DEAR MR. HouLdsWORTIt: As pART of dtE pETiTioN TO VACATE TltE AbovE RefERENCEd EAsEMENT, WE ARE REQuiREd TO GET A uLETTER of No ObjECTiON" fROM yoUR offiCE. By SiGNiNG dtE STATEMENT ATTACkEd TO Tkis lETTER, you wiU be AckNowlEdGiNG youR CONCURRENCE wim OUR pROposed VACATiON. PLEASE siGN wltERE iNdiCATEd ON PAGE 1WO of Tltis lETTER ANd MAil diE ORiGiNAl TO OUR OffiCE AS EXPEdiTiously AS possiblE. REOUESTEd VACATiON lkE pROpERTY is LOCATEd ON TkE 'NORTk sidE of LO<fI\N BouLEVARd ANd CoRAlwood DRiVE iN SECTiON 4, TOWNsltip 495, RANGE 26E, GoLdEN GATE ESTATES UNiT 9 ~, bElWEEN TRACTS 7 & 8. lkE REQUESTEd VACATiON is TO VACATE mE 60' ROAd EASEMENT wltick is dEdiCATEd TO CoLUER CouNTY ANd MAkE iT A pRiVATE ROAd EASEMENT TO be UTilized by TltE AbuTTiNG pROpERTY OWNERS. A skETclt of TkE pROposed VACATiON AREA is ATTACkEd FOR yoUR ReviEW. PlEASE NOTE mAT TkE pROposed VACATiON wiu ItAVE NO AdVERSE efFECTS TO mE SURROUNdiNG PROPERTiES. IF you ItAVE ANY QUESTioNS OR I MAY bE of fuRTItER ASSiSTANCE, plEAsE fEel fREE TO CONTACT ME AT (941) 4} ~..9080 x~. S~NCUdy, It. ~ r/J:!""N~ PRojECT CooRdiNATOR ^GE~AI~ N<l...L+---L-' MAR i 1 2003 Pt. :2& - .'.' _. Ana ",._I~ CI '141m I (94n4n..9080d.. FAX(941)4H..9082 E..-il: PMSPumE}'OAOl.COM MR. JOkN HouldsWORTk y 11, 2000 PAGE 2 I ~AVE NO objECriot< 10 mE paoposEd Ri<;Iu-o!,WAY VACATioN bm/WI TRA<:15 7 & 8, Gold... GATE EstATES UNit 9~. foR: ~ER COUNlY ENGINEERING REVIEW SERVICES BY:~ ~ (SiGNATURE) PRINTED NAME:= ~~ \l,,~\&. ~A.'\OV'"~ TITLE: ~ (nv ~~~.~ ~ 1'" DATE:~ Z lD.ob ~\}\~e.'b T1~A.~ ~ "t>~'\V\i~ ~~ 1 ~\V\S ~\1Q\r ~ ~\Q.d '~\q~t o-~ N~i ~rlA- MAR , 1 2003 pc.lD-- '..~_ .. _.__ r. ltJIln~ , (Q41l4H,9080xS, FAX(941)4H,9082 E,MAil: PMSPtNNtyOAOlCOM . uq .-.......-"'"---.... COLLIER COUNTY GOVERNMENT REC'D JUL 1 4 2000 PUBLIC WORKS DIVISION July 12, 2000 3301 E. TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 732-2575 FAX: (941) 732-2526 Cindy A. Penney Project Management Services, Inc. 2335 Tamiami Trail North, Suite 408 Naples, FL 34103 Re: Golden Gate Estates, Unit 95, Between Tracts 7 & 8, Logan Boulevard & Coralwood Drive, SectIon 4, Township 498, Range 26E Dear Ms. Penney: This office has reviewed your request to vacate the above-referenced easement located at Logan Boulevard and Coralwood Drive, Golden Gate Estates, Unit 95, between Tracts 7 & 8, Section 4, Township 49S, Range 26E. The Collier County Water-Sewer District has no facilities in the area and we, therefore, have no objection to the vacation of the Utility Easement. Should you have any further questions, please feel free to contact me. Sincerely, Diane Deoss Engineering Technician n cc: Paul Mattausch. Water Director Joseph Cheatham, Wastewater Director Rick Grigg, Land Surveyor, Community Development ~~ MAR 1 1 2003 PI. d.B g:\diaDe\esmt vacation\gg est, logan &. coralwood dr.doc ffi~eriff ~on ~unter = = Collier County Sheriff's Office 3301 Tamiami Trail East Building - J- Naples, FL 34112 Telephone (AC 941) 774-4434 August 31, 2000 Ms. Cindy A. penney Project Coordinator PMS, Inc. 2334 Tamiami Trail N. Suite 408 Naples, Florida 34103 RE: Petition to Vacate EaseIJleIll on the propertY 10cated on the north side of Lagan Boulevard and Coralwood Drive in Section 4, Township 495, Range 26E, Golden Gate Estates Unit 95, betWeen Tracts 7 &, 8. Dear Ms. penney: Stalfbas reviewed your request lOr a Jetter of "No Objection" lOr the above described project. The project is as described in your Jetter of July 11. 2000 listed above,iI\vo!ving the vacation of an easement. The sberill's Office reviews these requests to determine uthe granting of the vacation will have any foreseeable negative effect on our ability to provide law enfun:emcnl services to the area. These services include emergency response, patrol, and traffic enforcement. So long as the vacation, eilher now or in the future, does not impinge on our ability to deliver these services. the Collier County sberill's 0fIic0 bas "No objeetion" to the granting of your request. If the Agency can be of any further service, please advise. Sincerely, 4:t!l:d:- . undersheriff ~ RB:GY:mc cc: File MAR 1 1 2003 Pc._~q / PMS, InC.OfW4PleS REC'D JUL 1 7 ZOOO ~roJec:t Manetgetttent Services JuLy II, 2000 ARE Cltief DoN PE1ERSON GoldEN GATE fiRE DEpARTMENT 4741 GoLdEN GATE Pkwy NAplEs, FLORidA J411 6 RE: VACATioN of ROAd RiGIiT..of...WAY DEAR Chid PETERSON: As pART of diE pETiTioN TO VACATE TltE AbovE RefERENCEd EAsEMENT, WE ARE REQuiREd TO GET A ulmER of No ObjECTioN" fROM yoUR offiCE. By siGNiNG TIiE STATEMENT ATTACltEd TO THis LETTER, you win bE AckNowlEdGiNG youR CONCURRENCE wim OUR pROposEd VACATioN. PlEASE siGN WIiERE iNdicATEd ON PAGE 1WO of Tliis LmER ANd MAiL TIiE ORiGiNAl TO OUR OffiCE AS EXpEdiTiously AS possiblE. REOUESTEd VACATioN THE pROpERTY is LOCATEd ON THE NORTH sidE of LOGAN BouLEVARd ANd CoRALwood DRiVE iN SECTiON 4, TOWNsltip 49S, RANGE 26E, GoLdEN GATE EsTATES UNiT 9 ~, bETwEEN TRACTS 7 &. 8. THE REQUESTEd VACATiON is TO VACATE mE 60' KOMI EASEMENT wldclt is dEdicATEd TO ColliER CouNl)' ANd MAkE iT A pRivATE ROAd EASEMENT TO be UTiliZEd by TltE AbuTTiNG pROpERTY OWNERS. A skETclt of TIiE pROposed VACATiON AREA is ATTACltEd fOR youR REViEW. PlEASE NOTE mAT diE pROpOSEd VACATioN win ItAVE NO AdvERSE dfEm TO TIiE SURROUNdiNG pROpERTiES. If you IiAVE ANY QUESTiONS OR I MAY bE of fuRTltER ASSiSTANCE, plEAsE fEel fREE TO CONTACT ME AT (941) 4} 5...9080 x5. SiNCERely, ~!!~ PRojECT CoORdiNATOR ~ MAR 1 1 2003 P',~ I ~ ....M' 'OA"4.H~O~d,FAX(941)4n'9082E...wl:PMSPEMEYOd.COM .' E Ckid DoN PETERSON July 11, 2000 PAGE 2 I ItA.. NO objECTioN '0 tltE pooposaI Ric;In-ol-WAY vACAtioN baw<EN T RAC1S 7 & 8, GoldEN GA'E EstA'" UNit 9 ~. foR: GOLDEN GATE FIRE OEPARTMENT BY.H::!. f~ (SiqwURE) PRINTED NAME, t-,~J K. Pe-rciiS."" TITLE: h e.G CldJ e f: DATE: 7.-~ - (J 0 .. ~Al~ No....tL.t:r"" MAR 1 1 2003 pt. 3\ _ _ . _ ~ Mftn ..c I:av 1041' 4J ~~9082 E".wl: PMSPENHq4AOl.COM , . PMS, Ino.oIlJ4ples 1>roJeot Metnetge....ent Services JANUARy } 1, 200 1 PREdllA EjiMOfoR FloRidA PowER &. liGkr 410~ 1 ~rit AVE SW NAplEs, Fl }4116 RE: VACATioN of ROAd RiGJa..oF..WAY As pART of mE pETiTioN TO VACATE mE AbovE REfatENcEd EAsEMENT, WE ARE REQUiREd TO GEJ A NL.mER of No ObjECrioNtr fROM youR offiCE. By siqrdNG mE STATEMENT ATTACltEd TO mis lmeR, you will bE ACkNowlEdqiNG you~ CONCURRENCE wiTlt OUR pROPOSEd vACATioN. PER MY CONVERSATiON wim MARk JoIiNSON of youR OffiCE ~ NEEdEd TO pROVidE A 10' EASEMENT, ~' bom sidES of EXisTiNG poWER poles, iN ORdER TO GET youR AppROVAl FOR ritis VACATioN. ThE EASEMENT kAs bEEN pROVidEd FOR ON mE ATTACkEd EXltibiT. PlEAse siGN whERE iNdiCATEd ON pAGE TWO of mis lETTER ANd MAil mE ORiGiNAl. TO OUR oFFicE AS expediTiously AS possible. REOUF.STEd VACATioN. ThE pROPERlY is lOCATed ON mE NORm sidE of I...oc,\N BOulEvARd ANd CoRAlwood DRiVE iN SECTioN 4, TOWNSkip.49S, RANGE 26E, GoldEN GATE EsTATES UNiT 9~, bEtwEEN TRAC1'S 7 &. 8. ThE REQUESTEd vACATiON is TO VACATE mE 60' ROo\d EASEMENT wltidt is dEdicATEd TO CoWER CouNl)' ANd MAkE iT A pRivATE ROAd EASEMENT TO bE urilizEd by mE AbuniNG pROPERty OWNERS. PlEAsE NOTE ritAT ritE pROPOSEd VACATioN will kAVE NO AdVERSE dfEcrs TO mE suRROUNdiNG pROpERTiES. IF you MVE ANY 9UESTiONS OR NEEd Fu.m.ER iNfoRMATiON plEAsE qiVE ME A CAll AT 4' ~...9080 x~. ~ MAR 1 1 2003 Pi. 22:: n...... .... "'^..., J:~!I. ~~d.c:oM .' - , Mil. MARk JoIiNSON, FPL NOVEMbER 1, 2000 PAGE 2 I \lAVE NO objs:rioN 10 mE pIl<lll<l5E'I Ri<#n""'-WAY vACAJioN bm/EfN TRACIS 7 &. 8, GoldEN GAlE EstMEs UNit 9 ~. OtJc6 p~ ~~IS~~' foR: flORIDA poWER & uGHT BY:~~ ~~) PRINTED NAME: ~ =~~ ~ .:n MAR 1 1 2003 pt. ?2> .... ~II'" . c"hcMlA, NADIn ~_~410J I (941) 4J~,9080 d, f",,(941) 4J~,9082 E...wl: PM$Pu8YOAoOlClOll f.wW-AII1dIdIIII,7tM leta: PU DC IlPHI 2315 !UIJIt ft I "" WUI n ml3 The UDdersigoed. in coosideratioo of die ~ of $1.00 aad ocher good aod : valuable CODSidetation. die adequEy aod receipt of which is hereby acknowledged. - grant and give to Florida Power &: ~ Cw(4ll1. iIs ~lJS. ageoIS, suoceaan, - and assigDs, an easemcm forever for the c:oosttUCtioo. ~ aod msaint~ of - overhead and underground electric utility facilities (mcludiDg wires, poles, guys. - cables, conduits and appurtmant equipmeDl) to be installed from time to time; wiIb the rigbt to reconstrUCt. improve, add to, enlarge, cbaDge the voltage, as well as, die size of and remove such facilities or any of 1bem within an ~ 10 feet in width described as follows: WEMOO' ...h.at.........., ...MlItI...... CI. "'IIIJI. ... llIi_IiD 2111~31 OR: 28Ub PG: 2U81 moIDID 1L OllIew. acoma of COWll conn n. 04/12/2081 ~t 11:5111 DIIGft I. BlOCI, CUB ' IIC fll 15.0' DOC-,t. .t. COPII' 3.0' Ille 1.0' r Work Order No. N/A Sec. 4, Twp 495, Rge 26E ParcclI.D. # (Maifitsained CountY AppraiseI') ..... R ..- - -............- A 10 foot easemeut as decribcd em Exhibit · A. attached, Golden Gate Estates as recorded in Plat Book 9. Page(s) 45 of the Public Records of Collier CountY, Florida. Together with the right to perD!it any other person. firm or ~tiOJ1 to attaeh wires to any facilities hercuDder and lay cable and coDduit within the easement and to ~ tf1c same for communications p~; the right of ~ and cgte!S to said premises at aD times; the right to clear the land and keep it cleared of aD trees. undei"grOwth and other obstructions witbin die easemem area; to trim and cut ancJ keep trimmed and cut all dead. weak. leaning or dangerous trees or limbs outside of the easemcut area which miJdJt interfere with or fall upon the lines or systems of communications or JX!wer transmission or distribution: and further ~, to the fullest exteDt the underii2Ded bas the power to grant, if at aD, the rights hereinabove granted on the land heretofore described, over. along. under and 8Cioss tDc roads, streets or highways adjoining or through said property. IN WITNESS WHEREOF, the undersigned bas signed and sealed this instnJme1ll on ' AQ:2(. Signed, sealed and delivered in presence of: By: O\\-AtI\ . n. FA\ SA.'- Print Address: 44-00 W ,~~ e, NAPL.~ fL $4\05 srA'11l OF ~ \.... AND COUNlT OF r <"~~.: c . 1bc r.....,.,. ~ - _1cd&<d bcforCmetbis ~(p dayof M~Q~-H .200-1.,by ___tJ~ e. SALJ~~~ "f, ,aDd (f\~ ('(\. PA\ SRL , who is(me) perscmallY kDoWD to me or has(have) produced as jdeprifilomon, and who did (did DOt) take an oadL My CoIIJIDissioD Expires: hi" IlIeatlllCllllIiJ b",-2.5- 0'1 'ARy ANN N ABENAN11 NOfARYPUBucsrATE OF.FLORJDA COMMISSION M). cx:."9I9CW MY COMMISSION EXP. 25 ..:~ MAR 1 1 2003 P',~ OR: 2806 PG: 2088 BBLS SURVEYORS &. MAPPERS INC. 1502-A RAILHEAD BL YD. NAPLES, FLORIDA 34110 TELEPHONE: 941-597-1315 FAX: 941-597-5207 LEGAL DESCRlYfION UTILITY EASEMENT A PORTION OF TRACT 8. GOLDEN GATE ESTATES, UNIT NO. 95, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 9 AT PAGE 45 OF THE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT A NORTHEASTERLY CORNER OF TRACT 7 OF SAID GOLDEN GATE ESTATES UNIT NO. 95, THENCE N.89041 'GZ"W.. A DISTANCE OF 50.00 FEET; THENCE N .000 1 9'Z6"E., A DISTANCE OF 22.85 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE N.89"41'0Z"W., A DISTANCE OF 460.92 FEET; THENCE N.ooo32'43"W., A DISTANCE OF 10.00 FEET; THENCE, S.89041 '02" B.. A DISTANCE OF 461.07 FEET; TIlENCE S.OO" 19'1 O"W., A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. P ARCEL CONTAINS 0.11 ACRES, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO GOLDEN GATE ESTATES, UNIT NO. 95, ACCORDING TO TIlE PLAT THEREOF RECORDED IN PLAT BOOK 9 AT PAGE 45 OF THE P,Y.BLIC RECORDS OF COLLIER COUNTY, FLORIDA. ,," ".. TIjJS'PI\P)'~.IS SUBJECT TO EASEMENTS, RESTRlCflONS AND RESERVATIONS ._GF...~OlU>..:':' .,.... .t";; >~. ".::"~.' ;:::~ ..=<;>.... :: c,-:: ~)...,. . ".. ':~ 1 :- ~ : c ')~. ""n.:' . r-' ...., - ,...... 7. ...... . I., .. c 12/18/00 ~:. tiE Gf. B'E .' f . ATE OF FLORIDA, (L.S. #5296) ...#"? .""""_0' ';;Jm~~'WRV~"'9~~ & MAPPERS INC., (L.B. #6753) c,;,,1~".*.'-t' . ..rr~.t.. ..... -' . '1. \. rR~~I"Woo AGEt-I)A rm.t\ No.J2.-l:" MAR 1 1 2003 Pl.?B (SEE ATTACHED SKETCH-9991FPLLS) sthibi+ tr A" ttt _-------...J P.O.c. NORTHCASTCRL Y CORHCR OF TRACT 7 GOUKN GCTC ESTATCS IJN/T NO. gS I'UlT BOOK g. PIICC 45 "1 I I I L_-_ . 0 ... 0 ~~ *"'C ~ .:0 ~ .. '_ i'll / wi; " ~~ ll\ !.. % ---------- LOGAN BOULEVARD ~ P.O.a _ CASEIIDtr 100' ..,.. 8 GOUlPf ~ ESTAI[S UNIT NO. " 1 ~ BOOK .. I'IICC 4' --- ---------- - .._-- -- - _------L- I I 8~ I I 51 I I I I ~ I I I I I I I I ~I '" I ~~ TRACT 7 '" ~~ I COUJCN GAll" CSrAI[S /JMr NO. fS .. I :I... PlAr BOOK .. PNiC 45 ~I }& eo I "'lll~ .<:> ~ ~ ~I .. ... I III i ..!I I "'I ~[;... I lX ga I ~I:! I <:> cs... I I ~ ~~ I I ~~ I I i I 8-1 ~ I LEGEND roc POIOlT (II: ,;(lOIM[NC(lO(NT p 0 8 "OINT 01 II(CI'lNING V [. UllI.lIY [AS(II(JlT L .. E. lAKE .._TENANC[ EASDl(HT rB ....ATIIOOK rr. pAC.( 1I Loo€ l...... (') C~ loIIlO. r. V ( COUNty va'N rll5[II(JlT "... OIno.... M~ IIOOK n ( OIl_AGE [AstIlENT NO IflMl(R 'T). p__R P<ll( 'wP H""'~ n H r nY[1IH{ All POWER LINE TRACT 8 COI DCN GAre rsrAI[S UNfr NO. " PIA r BOOK ,. PAIiC 45 -------------- --.--- LEGAL DESCRIPTION JO.oo' ~ CASD<<Nr GO/.DCN Glrr CSTAID lHI NO. ., PIA' BOOK .. N<< 45 WEDCflI'\?OO SUBDMSION PLAT BOOK 24. PAGE ,,- 19 (<;rr AnACKll SI<((r) NOTES: I) IlEAIIIICS aIID,," HEIlIIDIf IlIPIII 10 GOUIIII GAR aTAftlL UIIIT · :F~ l.t:I ~"'T'comb~w.~ · AT ,.- 2.1 TMI!' I'tIOI'EIrTT IS sU8IIICT 10 IASDIDI1S. _A"" OR It..:> IItICTIDIlS 0' JIIICOlIII. 3 I D1_101lS SIlO,," IIDDlIf AIlE Dl rsa AIlII DICIMAUI T1lIIIIDf'. u- LI L2 LJ L4 LINE TABLE 8<<rir9 ~ N.tJ9'4"02"W. 50.00' NOtTI9'26T 22.IJ:5' NOtTJ2'4J"W '0.00' SO/71g',o"W '0.' 1 1 2003 VI1 Pc. 3J THS IS NOT A SURVEY SKETCH TO ACCOMPANY LEGAL DESCRIPTION BeLS SURVEYORS. g <> '" . . ~ . ! . ~ a ::l :.. n .. 't '" :: .. ~ .. .. 4 . J OJ ~ A PORTlON OF TRACT B, GOLDEN GATE' ESTATEt: UMT NO.. 15IJ2.A RAIL HEAD SECTION 4, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLUER COUNTY. FLORIDA NAPLES. R.0fIIDA 34110: :. Sprint July 28, 2000 Ms Cindy A. Penny PMS, Inc. 2335 Tamiami Trail N. - Suite 408 Naples, Florida 34103 Re: Vacation of Right-of-Way See 4 Twp 498 Rng 26E Dear Ms Penny: REC'D AU G 0 7 2000 Box 2469 Naples, Florida 34106-2469 In response to your inquiry of July 11,2000 regarding the possibility of vacating the subject right-of-way. this is to advise that Sprint-Floricla.1nc. has no objection to vacating said easement. If I can provide additional infonnation, please contact me at (941) 263-6318. Si~ Cd..d Kenneth R, Jordan Network Engineer 11 - E&C KRJ:ns cc: Chron File ~,~ No.~ MAR 1 1 2003 pt. 31 PMS, Ino. 01 NAples Project Manase....ent Services RECOJUl142000 July 11, 2000 MR. GRANT PATE TiME WARNER CAblE 1610 40rlt TERR SW NAples, AORidA }4116 RE: VACATiON of ROAd RiGln~F..WAY DEAR MR. PATE: As pART of diE pETiTioN TO VACATE dtE Above RefERENCEd EAsEMENT, WE ARE REQuiREd TO GET A "LETTER of No ObjECTioN" FROM youR oFFicE. By siGNiNG diE STATEMENT ATTAdtEd TO Tkis lETTER, you win be AckNowlEdGiNG youR CONCURRENCE wiTIt OUR pROposEd VACATioN. PlEASE siGN WERE iNdicATEd ON pAGE 1WO of Tltis lmER ANd MAil TltE ORiGiNAl TO OUR OffiCE AS EXPEdiTiously AS possible. REOUESTEd VACATiON litE pROpERlY is lOCATEd ON TkE NORTIt sidE of LOGAN BoulEVARd ANd CoRAlwood DRiVE iN SECTioN 4, lOWNSltip 49S, RANGE 26E, GoldEN GATE EsTATES UNiT 95, bETwEEN TRACTS 7 & 3. ThE REQUESTEd VACATiON is TO VACATE mE 60' ROAd EASEMENT wltick is dEdiCATEd TO ColliER CouNl)' ANd MAkE iT A pRiVATE ROAd EASEMENT TO be UTiliZEd by TltE AbuTTiNG pROpERlY OWNERS. A skETck of mE pROPOSEd VACATiON AREA is ATTAckEd FOR yoUR REViEW. PlEASE NOTE TltAT TltE pROposed VACATiON win ItAVE NO AdveRSE EFFECTS TO TkE SURROUNdiNG PROpERTiES. IF you ItAVE ANY QUESTiONS OR I MAY bE of FuRTltER ,aSSiSTANCE, plEASE feel mEf TO CONTACT ME AT (941) 4} 5..9080 xS. SiNCERely, fjj!.!~ PROjecr CooRdiNATOR ~A~ No.1:..L...tt" MAR 1 1 2003 ",.3<6 _.,.._ .. . .... H'''''' , /"o...n4H~QOAOd.. f~(94n4H..9082 E--MAil: PMSPtNNf.yCbol.COM -!v'R. GRANT PATE ;ly 11, 2000 PAGE 2 I AAVE NO ObjECTiON TO dtE pROposEd RiGJtT..of..WAY VACATioN bEtwEEN TRACTS 7 &. 8, GoldEN GATE ESTATES UNit 9 '1. foR: TIME WARNER CABLE BY: PI TITLE p..,/ DATE: '1- /;2.- creJ r (SiGNATURE) ~ MAR 1 1 2003 P',~ .....:- .tn. . ..........~ 1=1 ~4.1OJJ (941) 4n,9~ d ' FAX (941) 4H,9082 E,MAil: PMSPENNEyOAOl,COM Map Output Page 1 of 1 ~ ~A'W4 No..J.:LJ::t: MAR 1 1 2003 40 PI. ._~--_ u_/M_.l.../",....... -"ri~o~~~:~C\rimaD!~~~N~_~L.. EXECUTIVE SUMMARY CUE-2002-AR-3221, JAMES J. SOPER, REPRESENTING HERON SENIOR HOUSING LLC, REQUESTING A ONE-YEAR EXTENSION OF AN APPROVED CONDITIONAL USE FOR AN ASSISTED LIVING FACILITY LOCATED AT 5179 T AMIAMI TRAIL EAST, IN SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF APPROXIMATELY 4.74 ACRES. OBJECTIVE: To have the Board of County Commissioners approve a Conditional Use Extension for an assisted living facility (ALF) currently under construction. CONSIDERATIONS: The Petitioner requests an extension of a Conditional Use for an assisted living facility ._ (ALF). Section 2.7.4.5.1 states that any Conditional Use shall expire three years from the date of grant, if by that date the use for which the conditional use was granted has not been commenced. The subject Conditional Use was approved on December 14, 1999. The petitioner applied for the extension before expiration of the Conditional Use, however staff review delayed the BZA hearing. Section 2.7.4.5.3 states that the Board of Zoning Appeals may grant a maximum of one one-year extension of an approved Conditional Use upon written request of the petitioner. If extended, the Conditional Use will expire on December 14,2003. A Site Development Plan and Building Permit for the ALF have been issued and construction has commenced. However the LDC states that the use shall commence prior to expiration of the Conditional Use (or extension). FISCAL IMPACT: There will be no fiscal impact beyond those detailed in the attached original staff report. ~l!1:O .- MAR 1 1 2003 I pc. GROWTH MANAGEMENT IMPACT: The subject property is designated Mixed-Use Urban Residential on the Future Land Use Map of the Growth Management Plan's Future Land Use Element. The original analysis in the attached staff report found the petition consistent with the Growth Management Plan. Changes to the GMP since that time have not affected that analysis. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, a surveyor Waiver of Historic and Archaeological Survey & Assessment is not required. EAC RECOMMENDATION: Conditional Use Extensions are not heard by the Environmental Advisory Council. PLANNING COMMISSION RECOMMENDATION: Conditional Use Extensions are not heard by the Planning Commission. PLANNING SERVICES STAFF RECOMMENDATION: Because the use is consistent with the applicable provisions of the Growth Management Plan and the Land Development Code, and construction of the facility is underway, staff recommends that the Board of Zoning Appeals approve petition CUE-2002-AR-3221 , extending the expiration date until December 14, 2003, subject to the conditions in the resolution. :!!!CD MAR 1 1 2003 pt. 2.. -- 2 PREPARED BY: ~.~- FISCHL, AICP PRINCIP AL PLANNER 01.3,03 DATE REVIEWED BY: ".~ l{I:J.L,f./~! ?USAN MURRAY, AICP / CURRENT PLANNING MANAGER ~.~'03 DATE IJJ~ MARGARE WUERSTLE, AICP PLANNING SERVICES DIRECTOR 2-1-c)~ DATE APPROVED BY: , tt3 IJ J SEPH K. S HMITT AT OMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive summary/CUE-2002-AR-3221 - 3 ~ MAR 1 1 2003 pc. 3 ~ .., ..., ,c- €- HERON HOUSE Better living by design cue - 2.oo1-;4R- 3,2.:4/ ).00 I (J L/<<) 73- RtCr!\lED OCT 0 B 2002 Fred Re' . ipal Planner o er County Government Community Development and Environmental Services Planning Services Department 2800 North Horseshoe Drive Naples, FL 34104 Re: Extension of Conditional Use CU-99-23, James Soper Dear Mr. Reisch!: Enclosed you will find our $250 check to extend the above referenced conditional use. Within the last couple of weeks, we finally received SDP approval and have obtained our building permit after more than two years in the system. We are breaking ground immediately and will be under construction for approximately ten months. We will be completed with our certificate of occupancy with 4 or 5 months to spare with a one-year extension. Thank you for your timely notice for extending the conditional use. We are looking forward to becoming a part of the Greater Naples/Collier County business community. PS If you have any questions regarding this matter, please do not hesitate to call our development director Joe Grace at (727) 345-8476. You can fax Mr. Grace at his private fax number (727) 392-3037. He is available 24 hours a day. cc Joe Grace Gary Butler HERON HOUSE, SARASOTA 3221 Fruitville Road. Sarasota. FL 34237' 941.955.7575 . Fax 941.955.7576 ..... . . ~,. "__ r~..........ni.v . I ir..nse #. 9345 . www.heronalf.~.().m CUE-2002-AR-3221 HERON HOUSE OF NAPLES PROJECT #2001040073 ~Arta.b... DATE: 10/16/02 DUE 10/~ FRED REISCHL MAR 1 1 2003 pc. 4- 0.. <t ~ LLJ f- - U) J'WaQl_ / - ~ 0.. S <t 9 ~ ~ z b~S g 0 ;; - gg ~ U 0 5 -I tl ~ III " RESOLUTION 99.4 6 9 A RESOlUTION PROVIDING FOR THE ESTABLISHMENT OF AN ASSISTED LIVING FACILITY CONDITIONAL USE "6" IN THE RMF-16 ZONING DISTRICT PURSUANT TO SECTION 2.2.7.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 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 2.oning of particular geographic divisions of the County, among which is the granting of Conditional ..;es; 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 regula(ions made and provided, and has considered the advisability of Conditional Use "6" of Section 2.2.7.3 in an R1vlF -16 Zoning District for an Assisted Living Facility on the property hereinafter described, and has found as a matter of fact (Exhibit nAn) 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 m~eting 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: -1- .:~ MAR 1 1 2003 PI. (p The petition filed by 1. Gary Butler of Butler Engineering, Inc., representing James Soper, with respect to the property hereinafter described as: Tract "L", Lely Golf Estates, as recorded in Plat Book 8, Page 20 of the Official Records ofColIier County, Florida be and the same is hereby approved for Conditional Use "6" of Section 2.2.7.3 of the RMF-16 Zoning District for an Assisted Living Facility in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the following conditions: Exhibit "C" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this IJ/ d day of ~~,,__ /~ . ,1999. BOARD OF ZONING APPEALS COLLIER UNTY, FLORIDA \ BY: P ATTEST: DWIGHT E. BROCK, Clerk ~; ?~;(P.a. Attest is to ChafnDin's Approved as to Form and sigflature onl,J. Legal ,Sufficiency: 7l1~n,.~ I' Marm . Scuden Assistant County Attorney g/admin/CU-99-23 RESOLUTION/FR/im -2- ~~ No.~ MAR 1 1 2003 '1 pt. FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-23 The following facts are found: 1. Section 2.2.7.3.6 of the Land Development Code authorized the conditional use. 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: B. Consistency ~~~Land Development Code and Growth Management PI: . es 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 acce in case of fire or catastrophe: Adequat gre & egress Yes No A. C. Affects neighboring properties in relation to noise, gl~~ic or odor effects: ~NO a~ct or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible us~ district ~NO Based on the above findings, this conditional use should, with stipulations, (c~p~attached) (should not) be recommended for approval /f/~{)jlp . /) ~" J it DATE: /lie!;:; CHAIRMAN: r;~JfllJrL L ( . f/FINDING OF FACT CHAIRMAN/ ~ MAR 1 1 2003 Pc. 8 EXHIBIT "A" ....,. "a" :q:Q111X3 Dlw~i~~1 ~iPPi\\ ____~ . '-"'-'- -. r~~~m \IIIIlD'V __ 1m ~ Nnd au. 3SnOH NlltGH " ~II!~I!.' I ..... t I" I I i I .1, .-I~ ;IDU .ifB .;1. "".J CGi i HI d ilinl ~- .II n ~I ., .... it !1: i 9 !Is (', e bn ifill ;; d Hi :&11 . I I ~ I'. ~I I~. ~ ~ ,~ '.i I" ~, : R c II ~ ' ... . ! I I lL I.J M ~ If n I I ~~ I-.rbI I I 1~ /1 ~ i "1 . ,,/ /1 I!. / /' I ;1 " /' J . / /' I ~I ,,/' I / / I /' I " /' I I ~ ~ I 'iff f:. " --Jf' , oj . ., I- ..... .... ......".. ------ ....' . -.. : ~ -.' j . \ ~ ~." . - ... . -.' I r: r't " . '" '\ ': MAR 1 2003 pc.3 I 'oj \ \ ::i ~. ; . '.. ',' ; f : ~ , ~.. I' '. '..j '.' t -' .,. , , I !z . , ;, ~ ~ I CU-99-23 1. Pursuant to Section 2.2.25.8.1 of the land Development Code, if, during the course of site clearing, excavation or other construction activity, an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department shall be contacted. 2. An exotic vegetation removal, monitoring, and maintenance plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to the Planning Services Director for review and approval, prior to Site Development Plan approval. 3. The assisted living facility is limited to a one-story structure. ~ MAR 1 1 2003 "..J 0 EXHIBIT uC" Division of Corporations Page 1 of2 Florida Limited Liability HERON SENIOR HOUSING, L.L.C. PRINCIPAL ADDRESS 3221 FRUITVILLE ROAD C/O HERON HOUSE SARASOTA FL 34237 Changed 06/1 0/2002 MAILING ADDRESS 3221 FRUITVILLE ROAD C/O HERON HOUSE SARASOTA FL 34237 Changed 06/10/2002 Document Number L02000013967 FEI Number NONE Date Filed 06/06/2002 State FL Status ACTIVE Effective Date NONE Last Event AMENDED AND RESTATED ARTICLESINAME CHANG Event Date Filed 06/10/2002 Event Effective Date NONE Total Contribution 0.00 Registered Agent Name & Address JACOBS, RICHARD 0 200 CENTRAL A VENUE 1600 ST. PETERSBURG FL 33701 ----1 ~ Ii ManagerlMember Detail Name & Address II Title NONE I II MAR t 1 2003 ".--1L- ...lcordet.exe?al =DETFIL&nl =L02000013967&n2=NAMFWD&n3=000 1 &n4=N&rl =P020002/3/2003 Division of Corporations Page 2 of2 Annual Re orts Report Year II Filed Date II Intangible Tax Previous Filing> '.1 "ReturntoTisf Next Filing >.. , Vi~wEyent$ Vi~w Nam~History Document Images Listed below are the images available for this filing. QQIl Q/1QQ~_ -- Am~ndedfItestated ArticJeINC O(j/06/2002 -- FIQrida l-irnit~d Liabiliti~s THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT =-rtD MAR 1 1 2003 pc. 1 Z . ,.Icordet.exe?a 1 =DETFIL&n 1 =L02000013967&n2=NAMFWD&n3=OOOl &n4=N&rl =P020002/3/2003 Details Page 1 of 1 Folio No.1 55150840000 - Current Ownership Property Address 5179 TAMIAMI TRl E Owner Name HERON SEN'OR HOUSING llC Addresses 111 2ND AVE NE STE 805 cityl ST PETERSBURG I Statel Fl I Zipl33701 - 3441 legal~ lEl Y GOLF EST TRACT MAP TRACT l Section 19 Township 50 Range 26 Acres 4.74 Map No. 5B19 Strap No. 458800 l125B19 Sub No. '"1J Use Code 458800 o lEl Y GOLF ESTATES TRACT MAP VACANT RESIDENTIAL ~ Mlllage Area 7 -'e Milla~ 14.0679 2002 Final Tax Roll Values Latest Sales History Land Value $ 474,000.00 (+) Improved Value $ 0.00 (=) Market Value $ 474,000.00 Date Book - Page II Amount I 07 / 2002 3069 - 218 II $ 1,000,000.00 I 06 / 2001 2850 .. 1183 I $ 605,000.00 I 03/1992 1697 - 68 I $ 0.00 I 08/1988 1377 .. 565 I $ 600,000.00 I ! (-) SOH Exempt Value ij $ 0.00 I I (=) Assessed Value i $ 474,000.00 I (-) Homestead and other Exempt Value $ 0.00 I (=) Taxable Value II $ 474,000.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases. tm:mDI . . The Information is Updated Weekly. AGENOA ITEM No.1l...i;> MAR 1 1 2003 Pt. 12> I http://www.collierappraiser.comIRecordDetail.asp ?F olioID=OOOOO 55150840000 2/3/2003 RESOLUTION 03-_ RELATING TO PETITION NO. CUE-2002-AR- 3221 A ONE-YEAR EXTENSION OF CONDITIONAL USE 6 OF THE "RMF-16" ZONING DISTRICT FOR AN ASSISTED LIVING FACILITY FOR PROPERTY HEREINAFfER DESCRIBED IN SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all Counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes comprehensive zoning regulations for the zoning of particular divisions of the County, among which is the granting and extending the time period of Conditional Uses; and WHEREAS, on December 14. 1999, the Board of Zoning Appeals enacted Resolution No. 99-469, attached hereto and incorporated by reference herein, as Exhibit "An which granted a conditional use pursuant to Subsection 2.2.7.3.6 of the Land Development Code (Ordinance No. t) 1-1 02), for an Assisted Living Facility, on the below described property; and WHEREAS, Subsection 2.7.4.5.3 of the Land Development Code provides that the Board of Zoning Appeals may grant one one-year extension for a conditional use which has not been commenced. NOW. THEREFORE. BE IT RESOLVED by the Board of Zoning Appeals of Collier County, Florida that: The written request of James J. Soper, representing Heron Senior Housing, LLC for one one-year extension of conditional use # 6 for an assisted living facility in interest of the following described property "Exhibit B" is hereby approved pursuant to Subsection 2.7.4.5.3 of the Land Development Code (Ordinance No. 91-102), and the expiration date for Resolution No. 99-469, attached hereto and incorporated herein as Exhibit "A", and all conditions applicable thereto, is hereby extended for one additional year until December 14,2003. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. -1- Done this This Resolution adopted after motion, second and majority vote. A TIEST: DWIGHT E. BROCK CLERK day of .2003. Approved as to Form and Legal Sufficiency: . ()111J~ 1.{ '- ) 77 iJ:{(' dt!-~-t MalJo M. Student Assistant County Attorney G/admillJPetitionsl CU.2002.AR.3221IFRlsp BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN -2- ~A~. No.~ MAR f 1 2003 PI. J5 RESOLUTION 99.469 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF AN ASSISTED LIVING FACILITY CONDITIONAL USE "6" IN THE RMF-16 ZONING DISTRICT PURSUANT TO SECTION 2.2.7.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 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 .::s; 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 Use "6" of Section 2.2.7.3 in an RMF-16 Zoning District for an Assisted Living Facility on the property hereinafter descriQed, and has found as a matter of fact (Exhibit II 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: EXHIBIT "A" (PAGE 1 OF 5) ~A IttM D-... No.~ MAR 1 1 2003 pt.J u The petition filed by l. Gary Butler of Butler Engineering, Inc., representing lames Soper, with respect to the property hereinafter described as: Tract "l", lely Golf Estates, as recorded in Plat Book 8, Page 20 of the Official Records of Collier County, Florida be and the same is hereby approved for Conditional Use "6" of Section 2.2.7.3 of the RMF-16 Zoning District for an Assisted living Facility in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the following condilions: Exhibit "C" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority Yote. Done this jJ/;t:::L day of ,:fJ.JIOI--. /~ . ,1999. BOARD OF ZONING APPEALS COLLIER UNTY, FLORlDA \ BY: P A TIEST: . DWIGHT E. BROCK, Clerk ~: :>P~~ ' 7J(J.a. Attest is to ChlfnDin's Approved as to Form and sfgAature on1,. Legal Sufficiency: 7Il~ 711. {1t~ / Marm . Scuden Assistant County Attorney g;adminlCU-99-2J RESOLUTJON/FRlim EXHIBIT "A" (PAGE 2 OF 5) ~ MAR 1 1 2003 Pt:...r:I- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-23 . The following facts are found: 1. Section 2,2.7.3.6 of the Land Development Code authorized the conditional use. 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~ Bo Consistency ~~Land Development Code and Growth Management PI: . es 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 acce in case of fire or catastrophe: Adequat gre & egress Yes No A. C. Affects neighboring properties in relation to noise, gl~~ic or odor effects: ~NO a~ct or Affect m~t~gated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible us~ district ~NO Based on the above findings, this conditional use should, with stipulations, (c9Py-attached) (should not) be recommended for approval /f//~()tEP . j) lVJ J DATE: 11//8/99 CHAIRMAN: ;:;,..JIf'A DJ , l f/FINDING OF FACT CHAIRMANI AGENDA ITEM 0.... No.1l-l:..J MAR 1 1 2003 pt. \'6. . .... .J < .:.. EXHIBIT "A" (PAGE 3 OF 5) .~ .. . ~ t c ~ 1 I I i I i . . , ~ .' ~ I:, ! , . ;. ~ ~ ...'.j ::i' ~~~ il '.~ f~ -,. ":~ I :,1 ! !i., I ~ ; ; . ! t : ~" . .' ~ ~. . I . . . .- .-. "'. I - ~ I Jlrjl ..d -- -. .,; j \' ! .-_: --.' .... .,,----.- - -...... ili !, I I , I / / ~!, I / ., I / / I I / / , I / / e; 1/ / "I :/ ~ 1/ tl~ I I II .~ 1IIIIuq3 J I . c:J!~ . ~ liD: - I! I ifi '1 , '11 " I:j ... Ii . Ii' ~u P ~i InTi II I ma I,,". .' ~ Jm1I ! i I - II I .1 . I;:;: : aJl ~ 1=$ i~ - I - IERCN Hlll.IIE II ~~ ~ , I am PUNr1 1:;;;:' "-II ~. ..~ I ~& AR 1 1 2003 pt. l~ EXHIBIT "A" (PAGE 4 OF 5) CU-99-23 1. Pursuant to Section 2.2.25.8.1 of the land Development Code, if, during the course of site clearing, excavation or other construction activity, an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department shall be contacted. 2. An exotic vegetation removal, monitoring, and maintenance plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to the Planning Services Director for review and approval, prior to Site Development Plan approval. 3. The assisted living facility is limited to a one-story structure, ~ EXHIBIT "A" (PAGE 5 OF 5) MAR 1 1 2003 PC.2D CDE-2002-AR-3221 LEGAL DESCRIPTION Tract "L", Lely Golf Estates, as recorded in Plat Book 8, Page 20 of the Official Records of Collier County, Florida, ~ EXHIBIT "B" MAR 1 1 2003 Pf.-21-